Fla. Admin. Code Title 62 — Department of Environmental Protection

Division 62B Beaches and Coastal Systems

Chapter 62B-26 METES AND BOUNDS DESCRIPTIONS OF COASTAL CONSTRUCTION CONTROL LINES

Fla. Admin. Code R. 62B-26.001 Description of the Walton County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the revised Walton County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule amendment shall take effect on the date of filing with the Florida Department of State and shall be duly recorded in the public records in the office of the Clerk of the Circuit Court, in and for Walton County, Florida, together with each affected municipality.

(3) After this rule amendment becomes effective, a permit, under Section 161.053, F.S., and Chapter 62B-33, F.A.C., to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE WALTON COUNTY, FLORIDA

Description of coastal construction control line established in compliance with Section 161.053, F.S., said control line lying along the Gulf of Mexico coast from Okaloosa County and Walton County Line easterly to the Walton County and Bay County Line.

Said coastal construction control line is related to a series of “Permanent Reference Monuments” (P.R.M.) designated and hereinafter referred to as “60-76-A03,” “60-76-A05,” “60-94-DA03,” “W629 2004,” “60-76-A12 through 60-76-A14,” “60-94-A15 azimuth mark,” “high 1872 1935,” “60-94-A19 azimuth mark,” “60-76-A19,” “60-94-DA08,” “60-76-A24,” “60-94-DA09 azimuth mark,” “60-94-DA09,” “60-94-DA10,” “60-94-DA14,” “60-76-A30,” “60-76-A37,” “R-0-B-T 1979.”

The bearing base for this description is grid north, determined by Global Position System (G.P.S.). Observation made at all permanent reference monuments (P.R.M.).

Commence at P.R.M. 60-76-A03; thence N 61 deg. 35 min. 29 sec. W a distance of 195.09ꞌ feet to the point of beginning; thence N 86 deg. 38 min. 12 sec. W to the point of intersection with the Walton and Okaloosa County Line, said line being the westerly terminus of the coastal construction control line for Walton county; thence return along the same course to the point of beginning; said point being N 61 deg. 35 min. 29 sec. W a distance 195.09ꞌ feet from P.R.M. 60-76-A03.

Thence S 81 deg. 32 min. 46 sec. E a distance of 1139.43ꞌ feet to a point; thence S 81 deg. 25 min. 05 sec. E a distance of 954.02ꞌ feet to a point; thence S 81 deg. 13 min. 28 sec. E a distance of 1,187.85ꞌ feet to a point; thence S 81 deg. 17 min. 14 sec. E a distance of 913.74ꞌ feet to a point; thence S 80 deg. 14 min. 57 sec. E a distance of 1,156.37ꞌ feet to a point; thence S 79 deg. 21 min. 14 sec. E a distance of 930.79ꞌ feet to a point; thence S 79 deg. 39 min. 46 sec. E a distance of 2,155.38ꞌ feet to a point; thence S 78 deg. 47 min. 24 sec. E a distance of 944.76ꞌ feet to a point; thence S 79 deg. 44 min. 41 sec. E a distance of 986.57ꞌ feet to a point; thence S 79 deg. 34 min. 32 sec. E a distance of 1,053.17ꞌ feet to a point; said point being S 74 deg. 10 min. 55 sec. E a distance of 341.46ꞌ feet from P.R.M. 60 76 A05.

Thence S 79 deg. 02 min. 06 sec. E a distance of 1,015.54ꞌ feet to a point; thence S 79 deg. 21 min. 23 sec. E a distance of 1,038.57ꞌ feet to a point; thence S 79 deg. 18 min. 01 sec. E a distance of 1,010.81ꞌ feet to a point; thence S 79 deg. 15 min. 18 sec. E a distance of 983.50ꞌ feet to a point; thence S 78 deg. 58 min. 33 sec. E a distance of 1,095.04ꞌ feet to a point; said point being S 87 deg. 39 min. 37 sec. W a distance of 386.40ꞌ feet from P.R.M. 60 94 DA03.

Thence S 78 deg. 43 min. 41 sec. E a distance of 1,153.02ꞌ feet to a point; thence S 78 deg. 18 min. 43 sec. E a distance of 1,128.69ꞌ feet to a point; thence S 78 deg. 02 min. 19 sec. E a distance of 958.15ꞌ feet to a point; thence S 78 deg. 13 min. 13 sec. E a distance of 946.70ꞌ feet to a point; thence S 76 deg. 12 min. 54 sec. E a distance of 970.38ꞌ feet to a point; thence S 78 deg. 08 min. 48 sec. E a distance of 1,085.57ꞌ feet to a point; thence S 77 deg. 15 min. 36 sec. E a distance of 1,079.30ꞌ feet to a point; thence S 77 deg. 32 min. 57 sec. E a distance of 989.93ꞌ feet to a point; thence S 77 deg. 04 min. 45 sec. E a distance of 987.68ꞌ feet to a point; thence S 82 deg. 29 min. 35 sec. E a distance of 907.33ꞌ feet to a point; thence S 75 deg. 56 min. 05 sec. E a distance of 1,277.03ꞌ feet to a point; thence S 71 deg. 31 min. 50 sec. E a distance of 855.29ꞌ feet to a point; thence S 76 deg. 03 min. 06 sec. E a distance of 1,069.79ꞌ feet to a point; thence S 76 deg. 23 min. 09 sec. E a distance of 780.59ꞌ feet to a point; thence N 68 deg. 46 min. 43 sec. E a distance of 225.80ꞌ feet to a point; thence S 74 deg. 01 min. 36 sec. E a distance of 213.49ꞌ feet to a point; thence S 43 deg. 14 min. 52 sec. E a distance of 209.09ꞌ feet to a point; said point being S 17 deg. 23 min. 05 sec. W a distance of 580.23ꞌ feet from P.R.M. W 629 2004.

Thence S 74 deg. 20 min. 55 sec. E a distance of 660.57ꞌ feet to a point; thence S 74 deg. 46 min. 15 sec. E a distance of 1,052.67ꞌ feet to a point; thence S 74 deg. 01 min. 40 sec. E a distance of 1,004.82ꞌ feet to a point; thence S 74 deg. 59 min. 32 sec. E a distance of 1,072.12ꞌ feet to a point; thence S 76 deg. 39 min. 10 sec. E a distance of 986.36ꞌ feet to a point; thence S 73 deg. 55 min. 10 sec. E a distance of 985.37ꞌ feet to a point; thence S 73 deg. 44 min. 33 sec. E a distance of 1,034.25ꞌ feet to a point; thence S 72 deg. 13 min. 56 sec. E a distance of 990.24ꞌ feet to a point; thence S 74 deg. 19 min. 59 sec. E a distance of 1,010.43ꞌ feet to a point; thence S 73 deg. 16 min. 28 sec. E a distance of 1,029.91ꞌ feet to a point; thence S 74 deg. 35 min. 30 sec. E a distance of 947.67ꞌ feet to a point; thence S 74 deg. 32 min. 47 sec. E a distance of 681.15ꞌ feet to a point; thence N 27 deg. 04 min. 34 sec. E a distance of 229.22ꞌ feet to a point; thence S 64 deg. 20 min. 50 sec. E a distance of 281.50ꞌ feet to a point; thence S 10 deg. 27 min. 53 sec. E a distance of 223.07ꞌ feet to a point; thence S 70 deg. 33 min. 15 sec. E a distance of 76.84ꞌ feet to a point; thence S 72 deg. 20 min. 21 sec. E a distance of 974.77ꞌ feet to a point; said point being S 56 deg. 20 min. 07 sec. W a distance of 178.50ꞌ feet from P.R.M. 60 76 A12.

Thence S 72 deg. 58 min. 37 sec. E a distance of 1,056.76ꞌ feet to a point; thence S 73 deg. 47 min. 47 sec. E a distance of 1,037.21ꞌ feet to a point; thence S 72 deg. 53 min. 16 sec. E a distance of 1,006.78ꞌ feet to a point; thence S 72 deg. 48 min. 05 sec. E a distance of 628.51ꞌ feet to a point; thence N 15 deg. 52 min. 13 sec. E a distance of 31.63ꞌ feet to a point; thence S 72 deg. 03 min. 08 sec. E a distance of 607.04ꞌ feet to a point; thence S 71 deg. 55 min. 15 sec. E a distance of 314.79ꞌ feet to a point; thence S 17 deg. 15 min. 10 sec. W a distance of 69.10ꞌ feet to a point; said point being N 86 deg. 42 min. 28 sec. W a distance of 361.85ꞌ feet from P.R.M. 60 76 A13.

Thence S 70 deg. 20 min. 26 sec. E a distance of 816.77ꞌ feet to a point; thence S 70 deg. 06 min. 32 sec. E a distance of 1,129.60ꞌ feet to a point; thence S 71 deg. 47 min. 27 sec. E a distance of 1,080.10ꞌ feet to a point; thence S 69 deg. 42 min. 01 sec. E a distance of 1,088.08ꞌ feet to a point; said point being S 37 deg. 04 min. 57 sec. E a distance of 388.29ꞌ feet from P.R.M. 60 76 A14.

Thence S 70 deg. 40 min. 51 sec. E a distance of 1024.86ꞌ feet to a point; thence S 70 deg. 32 min. 38 sec. E a distance of 1,043.29ꞌ feet to a point; thence S 72 deg. 44 min. 04 sec. E a distance of 971.17ꞌ feet to a point; thence S 68 deg. 40 min. 22 sec. E a distance of 1,022.07ꞌ feet to a point; thence S 70 deg. 21 min. 20 sec. E a distance of 727.96ꞌ feet to a point; thence N 84 deg. 33 min. 57 sec. E a distance of 328.47ꞌ feet to a point; said point being S 00 deg. 20 min. 57 sec. W a distance of 186.06ꞌ feet from P.R.M. 60 94 A15 azimuth mark.

Thence S 69 deg. 59 min. 00 sec. E a distance of 643.41ꞌ feet to a point; thence S 21 deg. 37 min. 41 sec. E a distance of 236.66ꞌ feet to a point; thence S 67 deg. 52 min. 11 sec. E a distance of 287.13ꞌ feet to a point; thence S 69 deg. 50 min. 08 sec. E a distance of 1007.98ꞌ feet to a point; thence S 69 deg. 57 min. 36 sec. E a distance of 1,037.50ꞌ feet to a point; thence S 72 deg. 14 min. 07 sec. E a distance of 1,041.68ꞌ feet to a point; said point being S 81 deg. 22 min. 05 sec. W a distance of 384.90ꞌ feet from P.R.M. high 1872 1935.

Thence S 72 deg. 43 min. 38 sec. E a distance of 1,030.34ꞌ feet to a point; thence S 72 deg. 24 min. 11 sec. E a distance of 1,022.94ꞌ feet to a point; thence S 71 deg. 34 min. 50 sec. E a distance of 1,035.37ꞌ feet to a point; thence S 73 deg. 02 min. 32 sec. E a distance of 944.54ꞌ feet to a point; thence S 63 deg. 53 min. 38 sec. E a distance of 204.55ꞌ feet to a point; thence N 77 deg. 06 min. 32 sec. E a distance of 522.91ꞌ feet to a point; thence S 84 deg. 03 min. 18 sec. E a distance of 578.86ꞌ feet to a point; thence S 22 deg. 53 min. 55 sec. E a distance of 187.64ꞌ feet to a point; thence S 66 deg. 19 min. 53 sec. E a distance of 833.43ꞌ feet to a point; thence S 49 deg. 26 min. 43 sec. E a distance of 160.49ꞌ feet to a point; thence S 07 deg. 47 min. 06 sec. W a distance of 129.12ꞌ feet to a point; thence S 70 deg. 50 min. 44 sec. E a distance of 930.49ꞌ feet to a point; thence S 70 deg. 33 min. 24 sec. E a distance of 1,056.39ꞌ feet to a point; thence S 72 deg. 46 min. 18 sec. E a distance of 1,099.87ꞌ feet to a point; thence S 89 deg. 40 min. 08 sec. E a distance of 627.63ꞌ feet to a point; thence S 68 deg. 45 min. 43 sec. E a distance of 476.40ꞌ feet to a point; thence S 68 deg. 34 min. 38 sec. E a distance of 883.23ꞌ feet to a point; thence S 68 deg. 27 min. 50 sec. E a distance of 630.00ꞌ feet to a point; thence S 14 deg. 41 min. 02 sec. W a distance of 214.94ꞌ feet to a point; thence S 85 deg. 59 min. 22 sec. E a distance of 432.11ꞌ feet to a point; thence S 86 deg. 20 min. 56 sec. E a distance of 956.62ꞌ feet to a point; thence S 86 deg. 36 min. 09 sec. E a distance of 463.56ꞌ feet to a point; thence S 39 deg. 25 min. 21 sec. E a distance of 1,008.29ꞌ feet to a point; thence S 81 deg. 26 min. 41 sec. E a distance of 804.55ꞌ feet to a point; said point being N 81 deg. 05 min. 40 sec. W a distance of 254.85ꞌ feet from P.R.M. 60 94 A19 azimuth mark.

Thence S 71 deg. 54 min. 30 sec. E a distance of 996.26ꞌ feet to a point; thence S 59 deg. 58 min. 21 sec. E a distance of 1,130.40ꞌ feet to a point; said point being N 63 deg. 25 min. 47 sec. W a distance of 261.00ꞌ feet from P.R.M. 60 76 A19.

Thence S 69 deg. 40 min. 50 sec. E a distance of 1,004.88ꞌ feet to a point; thence S 70 deg. 08 min. 13 sec. E a distance of 1,015.23ꞌ feet to a point; thence S 69 deg. 33 min. 08 sec. E a distance of 969.34ꞌ feet to a point; thence S 69 deg. 37 min. 34 sec. E a distance of 1,036.12ꞌ feet to a point; thence S 70 deg. 16 min. 37 sec. E a distance of 1,042.24ꞌ feet to a point; thence S 69 deg. 04 min. 05 sec. E a distance of 1,013.20ꞌ feet to a point; thence S 69 deg. 53 min. 10 sec. E a distance of 997.25ꞌ feet to a point; thence S 68 deg. 21 min. 58 sec. E a distance of 1,123.49ꞌ feet to a point; said point being N 83 deg. 48 min. 21 sec. W a distance of 545.38ꞌ feet from P.R.M. 60 94 DA08.

Thence S 70 deg. 00 min. 41 sec. E a distance of 951.72ꞌ feet to a point; thence S 68 deg. 36 min. 35 sec. E a distance of 1,028.97ꞌ feet to a point; thence S 69 deg. 41 min. 01 sec. E a distance of 1,020.22ꞌ feet to a point; thence S 69 deg. 48 min. 02 sec. E a distance of 1,001.87ꞌ feet to a point; thence S 69 deg. 47 min. 04 sec. E a distance of 1,029.68ꞌ feet to a point; thence S 69 deg. 45 min. 14 sec. E a distance of 1,016.97ꞌ feet to a point; thence S 70 deg. 37 min. 22 sec. E a distance of 998.98ꞌ feet to a point; thence S 69 deg. 08 min. 34 sec. E a distance of 999.24ꞌ feet to a point; thence S 68 deg. 54 min. 09 sec. E a distance of 1,017.83ꞌ feet to a point; said point being S 16 deg. 55 min. 32 sec. E a distance of 499.16ꞌ feet from P.R.M. 60 76 A24.

Thence S 70 deg. 27 min. 06 sec. E a distance of 825.65ꞌ feet to a point; thence N 82 deg. 08 min. 40 sec. E a distance of 514.31ꞌ feet to a point; thence S 54 deg. 57 min. 58 sec. E a distance of 934.31ꞌ feet to a point; said point being S 58 deg. 12 min. 05 sec. W a distance of 921.80ꞌ feet from P.R.M. 60 94 DA09 azimuth mark.

Thence S 66 deg. 48 min. 13 sec. E a distance of 926.25ꞌ feet to a point; said point being S 43 deg. 15 min. 27 sec. E a distance of 122.95ꞌ feet from P.R.M. 60 94 DA09.

Thence S 68 deg. 09 min. 03 sec. E a distance of 938.27ꞌ feet to a point; thence S 68 deg. 41 min. 09 sec. E a distance of 1,059.14ꞌ feet to a point; said point being S 09 deg. 56 min. 10 sec. E a distance of 182.71 feet from P.R.M. 60 94 DA10.

Thence N 86 deg. 41 min. 15 sec. E a distance of 850.99ꞌ feet to a point; thence S 50 deg. 22 min. 51 sec. E a distance of 326.76ꞌ feet to a point; thence S 50 deg. 35 min. 58 sec. E a distance of 956.89ꞌ feet to a point; thence S 65 deg. 06 min. 06 sec. E a distance of 1,078.14ꞌ feet to a point; thence S 66 deg. 55 min. 29 sec. E a distance of 1,015.08ꞌ feet to a point; thence S 70 deg. 31 min. 29 sec. E a distance of 1,097.69ꞌ feet to a point; thence N 83 deg. 55 min. 31 sec. E a distance of 630.29ꞌ feet to a point; thence S 59 deg. 33 min. 30 sec. E a distance of 373.68ꞌ feet to a point; thence S 59 deg. 55 min. 20 sec. E a distance of 913.96ꞌ feet to a point; thence S 54 deg. 14 min. 09 sec. E a distance of 966.19ꞌ feet to a point; thence S 64 deg. 22 min. 45 sec. E a distance of 259.04ꞌ feet to a point; thence S 64 deg. 43 min. 40 sec. E a distance of 1,018.52ꞌ feet to a point; thence S 65 deg. 24 min. 03 sec. E a distance of 1,030.81ꞌ feet to a point; thence S 65 deg. 03 min. 51 sec. E a distance of 996.77ꞌ feet to a point; said point being S 33 deg. 01 min. 42 sec. E a distance of 308.81ꞌ feet from P.R.M. 60 94 DA14.

Thence S 65 deg. 46 min. 49 sec. E a distance of 964.20ꞌ feet to a point; thence S 66 deg. 14 min. 59 sec. E a distance of 1,085.17ꞌ feet to a point; thence S 67 deg. 04 min. 09 sec. E a distance of 990.11ꞌ feet to a point; thence S 68 deg. 11 min. 00 sec. E a distance of 1,013.09ꞌ feet to a point; thence S 66 deg. 55 min. 01 sec. E a distance of 873.86ꞌ feet to a point; thence S 66 deg. 29 min. 25 sec. E a distance of 1,165.89ꞌ feet to a point; said point being S 20 deg. 19 min. 32 sec. W a distance of 830.16ꞌ feet from P.R.M. 60 76 A30.

Thence S 67 deg. 23 min. 52 sec. E a distance of 1,015.62ꞌ feet to a point; thence S 65 deg. 46 min. 51 sec. E a distance of 1,025.97ꞌ feet to a point; thence S 66 deg. 09 min. 31 sec. E a distance of 993.66ꞌ feet to a point; thence S 67 deg. 29 min. 35 sec. E a distance of 1,020.63ꞌ feet to a point; thence S 66 deg. 16 min. 26 sec. E a distance of 1,049.19ꞌ feet to a point; thence S 65 deg. 26 min. 24 sec. E a distance of 997.09ꞌ feet to a point; thence S 66 deg. 23 min. 52 sec. E a distance of 1,002.23ꞌ feet to a point; thence S 65 deg. 45 min. 56 sec. E a distance of 836.36ꞌ feet to a point; thence S 65 deg. 24 min. 33 sec. E a distance of 1,153.63ꞌ feet to a point; said point being N 62 deg. 37 min. 46 sec. W a distance of 265.51ꞌ feet from P.R.M. 60 76 A37.

Thence S 66 deg. 54 min. 22 sec. E a distance of 978.48ꞌ feet to a point; thence S 66 deg. 26 min. 48 sec. E a distance of 1,062.33ꞌ feet to a point; thence S 65 deg. 33 min. 55 sec. E a distance of 1,031.47ꞌ feet to a point; thence S 65 deg. 51 min. 56 sec. E a distance of 1,022.63ꞌ feet to a point; said point being N 85 deg. 08 min. 07 sec. W a distance of 1,511.68ꞌ feet from P.R.M. R-0-B-T 1979.

Thence S 67 deg. 46 min. 49 sec. E to the point of intersection with the Walton-Bay County Line and the point of terminus of the herein described coastal construction control line for Walton County, Florida.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 8-12-75, Amended 12-29-82, Formerly 16B-26.01, 16B-26.001, Amended 8-25-09, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.002 Description of the Escambia County Coastal Construction Control Line

(1) There is hereby established, pursuant to section 161.053, F.S., the Escambia County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule amendment shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Escambia County, Florida, together with each affected municipality.

(3) After this rule amendment becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE ESCAMBIA COUNTY, FLORIDA

Description of the coastal construction control line is established in compliance with Section 161.053, F.S., said control line lying along the Gulf of Mexico from the Alabama and Florida state line, in Escambia County, easterly to the Escambia County and Santa Rosa County line.

Said coastal construction control line is related to a series of “Permanent Reference Monuments” (P.R.M.) designated and hereinafter referred to as “48-84-A01 through 48-84-A24” and “48-84-B01 through 48-84-B49” and National Geodetic Station Payne 1942, Cullum 1942, Cooper 1942 and fixed 1942 for monuments established by the Department of Environmental Protection, State of Florida, or referenced to by Station Name for monuments established by the National Geodetic Survey (N.G.S.).

Commence at P.R.M. 48-84-A05, thence S 68 Deg. 33 min. 47 sec. W (all bearings in this description are grid) a distance of 671.348ꞌ feet to the point of beginning; Thence S 78 deg. 54 min. 57 sec. W. to the point of intersection with the Alabama and Florida state line, in Escambia County; Said point being the westerly terminus of the coastal construction control line for Escambia County; Thence N 78 deg. 54 min. 57 sec. E to the point of beginning.

Thence N 78 deg. 54 min. 56 sec. E a distance of 942.02ꞌ feet to a point;

Thence N 78 deg. 24 min. 15 sec. E a distance of 1,341.07ꞌ feet to a point;

Thence N 77 deg. 31 min. 00 sec. E a distance of 797.24ꞌ feet to a point;

Thence N 78 deg. 27 min. 16 sec. E a distance of 1,033.87ꞌ feet to a point;

Said point being S 15 deg. 39 min. 30 sec. W a distance of 151.330ꞌ feet from P.R.M. 48-84-A06.

Thence N 79 deg. 44 min. 21 sec. E a distance of 1,056.55ꞌ feet to a point;

Thence N 82 deg. 51 min. 09 sec. E a distance of 1,131.42ꞌ feet to a point;

Said point being S 10 deg. 48 min. 36 sec. E a distance of 139.204ꞌ feet from P.R.M. 48-84-A03.

Thence N 82 deg. 18 min. 13 sec. E. a distance of 924.38ꞌ feet to a point;

Said point being S 05 deg. 48 min. 24 sec. E a distance of 198.160ꞌ feet from P.R.M. 48-84-A07.

Thence N 79 deg. 02 min. 00 sec. E a distance of 1,151.56ꞌ feet to a point;

Thence N 78 deg. 20 min. 35 sec. E a distance of 921.32ꞌ feet to a point;

Said point being S 30 deg. 45 min. 04 sec. E a distance of 210.430ꞌ feet from P.R.M. 48-84-A08.

Thence N 75 deg. 10 min. 25 sec. E a distance of 1,425.83ꞌ feet to a point;

Thence N 77 deg. 08 min. 26 sec. E a distance of 823.29ꞌ feet to a point;

Thence N 76 deg. 31 min. 24 sec. E a distance of 1,218.57ꞌ feet to a point;

Said point being S 16 deg. 55 min. 37 sec. W a distance of 99.766ꞌ feet from P.R.M. 48-84-A09.

Thence N 81 deg. 51 min. 06 sec. E a distance of 859.41ꞌ feet to a point;

Thence N 83 deg. 44 min. 43 sec. E a distance of 834.42ꞌ feet to a point;

Thence N 78 deg. 41 min. 05 sec. E a distance of 932.39ꞌ feet to a point;

Said point being S 54 deg. 39 min. 12 sec. W a distance of 417.752ꞌ feet from P.R.M. 48-84-A01.

Thence N 78 deg. 47 min. 18 sec. E a distance of 1,161.49ꞌ feet to a point;

Thence N 79 deg. 24 min. 00 sec. E a distance of 858.26ꞌ feet to a point;

Thence N 77 deg. 10 min. 20 sec. E a distance of 1,019.66ꞌ feet to a point;

Said point being S 02 deg. 43 min. 33 sec. W a distance of 202.771ꞌ feet from P.R.M. 48-84-A10.

Thence N 80 deg. 41 min. 12 sec. E a distance of 1,048.12ꞌ feet to a point;

Thence N 80 deg. 45 min. 36 sec. E a distance of 985.52ꞌ feet to a point;

Thence N 83 deg. 42 min. 42 sec. E a distance of 991.39ꞌ feet to a point;

Said point being S 26 deg. 10 min. 13 sec. E a distance of 156.693ꞌ feet from P.R.M. 48-84-A11.

Thence N 82 deg. 59 min. 22 sec. E a distance of 867.48ꞌ feet to a point;

Thence N 83 deg. 18 min. 57 sec. E a distance of 1,092.39ꞌ feet to a point;

Thence N 82 deg. 04 min. 22 sec. E a distance of 1,151.19ꞌ feet to a point;

Said point being S 08 deg. 40 min. 46 sec. E a distance of 111.658ꞌ feet from P.R.M. 48-84-A12.

Thence N 82 deg. 35 min. 07 sec. E a distance of 882.65ꞌ feet to a point;

Thence N 81 deg. 46 min. 19 sec. E a distance of 1,004.95ꞌ feet to a point;

Thence N 82 deg. 21 min. 13 sec. E a distance of 1,125.03ꞌ feet to a point;

Said point being S 66 deg. 50 min. 26 sec. W a distance of 400.249ꞌ feet from P.R.M. 48-84-A13.

Thence N 82 deg. 15 min. 21 sec. E a distance of 1,054.13ꞌ feet to a point;

Thence N 81 deg. 05 min. 44 sec. E a distance of 1,149.49ꞌ feet to a point;

Thence N 79 deg. 45 min. 22 sec. E a distance of 1,054.26ꞌ feet to a point;

Said point being S 72 deg. 59 min. 42 sec. E a distance of 249.698ꞌ feet from P.R.M. 48-84-A14.

Thence N 79 deg. 39 min. 56 sec. E a distance of 968.73ꞌ feet to a point;

Said point being S 55 deg. 34 min. 07 sec. E a distance of 30.912ꞌ feet from P.R.M. 48-84-A15.

Thence N 78 deg. 32 min. 39 sec. E a distance of 995.74ꞌ feet to a point;

Thence N 77 deg. 57 min. 06 sec. E a distance of 1,291.64ꞌ feet to a point;

Thence N 76 deg. 24 min. 32 sec. E a distance of 1,189.62ꞌ feet to a point;

Thence N 76 deg. 27 min. 54 sec. E a distance of 1,011.23ꞌ feet to a point;

Said point being N 01 deg. 47 min. 31 sec. W a distance of 33.545ꞌ feet from P.R.M. 48-84-A16.

Thence N 76 deg. 36 min. 15 sec. E a distance of 871.42ꞌ feet to a point;

Thence N 74 deg. 29 min. 30 sec. E a distance of 1,043.11ꞌ feet to a point;

Thence N 74 deg. 05 min. 53 sec. E a distance of 979.05ꞌ feet to a point;

Thence N 73 deg. 59 min. 51 sec. E a distance of 1,147.28ꞌ feet to a point;

Said point being N 17 deg. 31 min. 50 sec. E a distance of 69.413ꞌ feet from P.R.M. 48-84-A17.

Thence N 73 deg. 11 min. 35 sec. E a distance of 1,089.52ꞌ feet to a point;

Thence N 74 deg. 49 min. 54 sec. E a distance of 1,007.60ꞌ feet to a point;

Thence N 74 deg. 30 min. 23 sec. E a distance of 1,113.17ꞌ feet to a point;

Thence N 76 deg. 29 min. 04 sec. E a distance of 927.01ꞌ feet to a point;

Said point being N 30 deg. 41 min. 19 sec. E a distance of 148.720ꞌ feet from P.R.M. 48-84-A18.

Thence N 76 deg. 46 min. 04 sec. E a distance of 1,074.26ꞌ feet to a point;

Thence N 76 deg. 38 min. 27 sec. E a distance of 860.15ꞌ feet to a point;

Thence N 76 deg. 45 min. 31 sec. E a distance of 1,139.56ꞌ feet to a point;

Thence N 75 deg. 59 min. 05 sec. E a distance of 970.73ꞌ feet to a point;

Said point being N 25 deg. 36 min. 43 sec. W a distance of 70.271ꞌ feet from P.R.M. 48-84-A19.

Thence N 75 deg. 50 min. 17 sec. E a distance of 1,018.02ꞌ feet to a point;

Thence N 78 deg. 26 min. 25 sec. E a distance of 1,068.04ꞌ feet to a point;

Thence N 78 deg. 01 min. 27 sec. E a distance of 1,132.47ꞌ feet to a point;

Said point being N 38 deg. 54 min. 30 sec. W a distance of 112.714ꞌ feet from P.R.M. 48-84-A20.

Thence N 78 deg. 26 min. 24 sec. E a distance of 1,161.38ꞌ feet to a point;

Thence N 78 deg. 25 min. 14 sec. E a distance of 830.47ꞌ feet to a point;

Thence N 78 deg. 52 min. 21 sec. E a distance of 1,078.88ꞌ feet to a point;

Thence N 79 deg. 18 min. 02 sec. E a distance of 1,170.03ꞌ feet to a point;

Said point being N 48 deg. 27 min. 39 sec. E a distance of 345.082ꞌ feet from P.R.M. 48-84-A21.

Thence N 78 deg. 47 min. 13 sec. E a distance of 992.02ꞌ feet to a point;

Thence N 78 deg. 37 min. 30 sec. E a distance of 1,031.38ꞌ feet to a point;

Said point being N 52 deg. 16 min. 46 sec. W a distance of 189.814ꞌ feet from P.R.M. 48-84-A22.

Thence N 79 deg. 52 min. 11 sec. E a distance of 1,017.57ꞌ feet to a point;

Thence N 79 deg. 31 min. 13 sec. E a distance of 1,008.68ꞌ feet to a point;

Thence N 89 deg. 14 min. 14 sec. E a distance of 500.00ꞌ feet to a point;

Said point being S 00 deg. 30 min. 20 sec. W a distance of 290.289ꞌ feet from P.R.M. 48-84-A23.

Thence N 89 deg. 14 min. 14 sec. E a distance of 507.74ꞌ feet to a point;

Thence N 84 deg. 22 min. 24 sec. E a distance of 981.54ꞌ feet to a point;

Thence N 84 deg. 27 min. 46 sec. E a distance of 1,026.52ꞌ feet to a point;

Thence N 83 deg. 43 min. 22 sec. E a distance of 975.97ꞌ feet to a point;

Thence N 83 deg. 46 min. 30 sec. E a distance of 846.06ꞌ feet to a point;

Thence N 53 deg. 05 min. 41 sec. E a distance of 680.47ꞌ feet to a point;

Thence N 18 deg. 45 min. 27 sec. E a distance of 979.76ꞌ feet to a point;

Thence N 19 deg. 04 min. 14 sec. E a distance of 989.73ꞌ feet to a point;

Said point being N 85 deg. 38 min. 27 sec. E a distance of 883.018ꞌ feet from P.R.M. 48-84-A24.

Thence N 19 deg. 04 min. 14 sec. E to the point of intersection with the mean high water line with the southwesterly bank of Pensacola Harbor entrance channel;

Thence S 19 deg. 04 min. 14 sec. W to the aforementioned point;

Said point being N 85 deg. 38 min. 27 sec. E a distance of 883.018ꞌ feet from P.R.M. 48-84-A24.

Recommence at N.G.S. Station Payne 1942, thence S 83 deg. 47 min. 48 sec. W a distance of 358.579ꞌ feet to a point on the coastal construction control line;

Thence N 52 deg. 31 min. 06 sec. W a distance of 572.76ꞌ feet to a point;

Thence North to the point of intersection with the mean high water line with the North bank of Pensacola Harbor entrance channel;

Thence South to the aforementioned point;

Thence S 52 deg. 31 min. 06 sec. E a distance of 572.76ꞌ feet to a point on the coastal construction control line;

Said point being S 83 deg. 47 min. 48 sec. W a distance of 358.579ꞌ feet from N.G.S. Station Payne 1942.

Thence S 52 deg. 12 min. 02 sec. E a distance of 1,193.33ꞌ feet to a point;

Said point being S 31 deg. 57 min. 04 sec. W a distance of 443.513ꞌ feet from N.G.S. Station Cullum 1942.

Thence S 52 deg. 33 min. 56 sec. E a distance of 1,065.06ꞌ feet to a point;

Thence S 64 deg. 43 min. 00 sec. E a distance of 801.74ꞌ feet to a point;

Thence S 61 deg. 28 min. 00 sec. E a distance of 795.97ꞌ feet to a point;

Thence S 60 deg. 47 min. 42 sec. E a distance of 927.48ꞌ feet to a point;

Said point being S 42 deg. 54 min. 04 sec. E a distance of 36.237ꞌ feet from P.R.M. 48-84-B01.

Thence S 76 deg. 24 min. 47 sec. E a distance of 985.01ꞌ feet to a point;

Said point being S 84 deg. 51 min. 58 sec. E a distance of 162.610ꞌ feet from N.G.S. Station Cooper 1942.

Thence S 80 deg. 29 min. 46 sec. E a distance of 841.85ꞌ feet to a point;

Thence S 74 deg. 16 min. 44 sec. E a distance of 1,154.52ꞌ feet to a point;

Thence S 66 deg. 57 min. 10 sec. E a distance of 1,014.21ꞌ feet to a point;

Thence S 66 deg. 04 min. 15 sec. E a distance of 930.79ꞌ feet to a point;

Thence S 81 deg. 23 min. 56 sec. E a distance of 971.90ꞌ feet to a point;

Thence N 85 deg. 06 min. 18 sec. E a distance of 995.14ꞌ feet to a point;

Said point being N 44 deg. 03 min. 10 sec. W a distance of 268.394ꞌ feet from P.R.M. 48-84-B02.

Thence N 86 deg. 03 min. 54 sec. E a distance of 978.61ꞌ feet to a point;

Thence S 89 deg. 50 min. 07 sec. E a distance of 953.01ꞌ feet to a point;

Said point being S 03 deg. 31 min. 34 sec. W a distance of 596.259ꞌ feet from N.G.S. Station Fixed 1942.

Thence N 89 deg. 31 min. 44 sec. E a distance of 910.18ꞌ feet to a point;

Thence N 84 deg. 07 min. 57 sec. E a distance of 965.49ꞌ feet to a point;

Said point being S 28 deg. 22 min. 07 sec. E a distance of 40.712ꞌ feet from P.R.M. 48-84-B03.

Thence N 82 deg. 13 min. 15 sec. E a distance of 945.54ꞌ feet to a point;

Thence N 81 deg. 35 min. 50 sec. E a distance of 1,139.20ꞌ feet to a point;

Thence N 86 deg. 28 min. 27 sec. E a distance of 965.54ꞌ feet to a point;

Thence N 85 deg. 59 min. 56 sec. E a distance of 1,029.58ꞌ feet to a point;

Said point being N 41 deg. 58 min. 09 sec. E a distance of 220.186ꞌ feet from P.R.M. 48-84-B04.

Thence S 87 deg. 08 min. 44 sec. E a distance of 1,067.20ꞌ feet to a point;

Thence N 85 deg. 41 min. 26 sec. E a distance of 959.48ꞌ feet to a point;

Thence N 85 deg. 02 min. 53 sec. E a distance of 1,003.37ꞌ feet to a point;

Said point being N 36 deg. 18 min. 58 sec. E a distance of 266.913ꞌ feet from P.R.M. 48-84-B05.

Thence N 82 deg. 49 min. 58 sec. E a distance of 1,016.88ꞌ feet to a point;

Thence N 82 deg. 20 min. 27 sec. E a distance of 1,018.08ꞌ feet to a point;

Thence N 79 deg. 21 min. 40 sec. E a distance of 980.65ꞌ feet to a point;

Said point being N 02 deg. 48 min. 13 sec. E a distance of 284.475ꞌ feet from P.R.M. 48-84-B06.

Thence N 83 deg. 50 min. 43 sec. E a distance of 939.20ꞌ feet to a point;

Thence N 84 deg. 41 min. 05 sec. E a distance of 1,005.73ꞌ feet to a point;

Thence N 82 deg. 11 min. 59 sec. E a distance of 1,075.72ꞌ feet to a point;

Thence N 82 deg. 27 min. 40 sec. E a distance of 977.27ꞌ feet to a point;

Said point being N 11 deg. 23 min. 04 sec. E a distance of 307.499ꞌ feet from P.R.M. 48-84-B07.

Thence N 84 deg. 41 min. 34 sec. E a distance of 1,016.38ꞌ feet to a point;

Thence S 89 deg. 58 min. 32 sec. E a distance of 942.46ꞌ feet to a point;

Thence N 81 deg. 55 min. 45 sec. E a distance of 1,100.71ꞌ feet to a point;

Said point being N 55 deg. 47 min. 35 sec. W a distance of 63.622ꞌ feet from P.R.M. 48-84-B08.

Thence N 81 deg. 15 min. 35 sec. E a distance of 924.97ꞌ feet to a point;

Thence N 82 deg. 18 min. 40 sec. E a distance of 1,012.19ꞌ feet to a point;

Thence N 75 deg. 08 min. 30 sec. E a distance of 997.85ꞌ feet to a point;

Said point being N 61 deg. 07 min. 23 sec. W a distance of 391.143ꞌ feet from P.R.M. 48-84-B09.

Thence N 82 deg. 34 min. 15 sec. E a distance of 1,099.35ꞌ feet to a point;

Thence N 82 deg. 39 min. 11 sec. E a distance of 904.47ꞌ feet to a point;

Thence N 82 deg. 29 min. 15 sec. E a distance of 918.17ꞌ feet to a point;

Thence S 84 deg. 14 min. 31 sec. E a distance of 943.27ꞌ feet to a point;

Said point being S 81 deg. 23 min. 33 sec. E a distance of 24.428ꞌ feet from P.R.M. 48-84-B10.

Thence N 82 deg. 46 min. 28 sec. E a distance of 952.25ꞌ feet to a point;

Thence N 82 deg. 59 min. 23 sec. E a distance of 1,017.77ꞌ feet to a point;

Thence N 87 deg. 19 min. 15 sec. E a distance of 931.61ꞌ feet to a point;

Said point being S 67 deg. 39 min. 17 sec. E a distance of 32.808ꞌ feet from P.R.M. 48-84-B11.

Thence N 87 deg. 21 min. 14 sec. E a distance of 816.62ꞌ feet to a point;

Thence N 83 deg. 07 min. 41 sec. E a distance of 1,062.16ꞌ feet to a point;

Said point being N 71 deg. 45 min. 46 sec. E a distance of 30.883ꞌ feet from P.R.M. 48-84-B12.

Thence N 80 deg. 56 min. 08 sec. E a distance of 954.93ꞌ feet to a point;

Thence N 81 deg. 12 min. 06 sec. E a distance of 951.03ꞌ feet to a point;

Said point being S 88 deg. 56 min. 40 sec. E a distance of 440.072ꞌ feet from P.R.M. 48-84-B13.

Thence N 79 deg. 55 min. 51 sec. E a distance of 1,108.41ꞌ feet to a point;

Thence N 80 deg. 16 min. 30 sec. E a distance of 769.67ꞌ feet to a point;

Said point being S 10 deg. 48 min. 31 sec. E a distance of 12.441ꞌ feet from P.R.M. 48-84-B14.

Thence N 80 deg. 14 min. 53 sec. E a distance of 978.36ꞌ feet to a point;

Thence N 78 deg. 47 min. 57 sec. E a distance of 1,040.72ꞌ feet to a point;

Said point being S 74 deg. 38 min. 59 sec. E a distance of 163.915ꞌ feet from P.R.M. 48-84-B15.

Thence N 78 deg. 43 min. 39 sec. E a distance of 987.37ꞌ feet to a point;

Said point being S 17 deg. 03 min. 48 sec. E a distance of 548.905ꞌ feet from P.R.M. 48-84-B16.

Thence N 78 deg. 08 min. 26 sec. E a distance of 982.19ꞌ feet to a point;

Thence N 79 deg. 24 min. 59 sec. E a distance of 1,078.45ꞌ feet to a point;

Thence N 79 deg. 06 min. 05 sec. E a distance of 283.41ꞌ feet to a point;

Said point being S 18 deg. 12 min. 25 sec. W a distance of 605.800ꞌ feet from P.R.M. 48-84-B17.

Thence N 79 deg. 06 min. 05 sec. E a distance of 615.00ꞌ feet to a point;

Thence N 80 deg. 13 min. 49 sec. E a distance of 939.94ꞌ feet to a point;

Thence N 80 deg. 20 min. 50 sec. E a distance of 500.00ꞌ feet to a point;

Said point being S 12 deg. 59 min. 04 sec. W distance of 385.492ꞌ feet from P.R.M. 48-84-B18.

Thence N 80 deg. 20 min. 50 sec. E a distance of 535.22ꞌ feet to a point;

Thence N 78 deg. 37 min. 18 sec. E a distance of 1,072.57ꞌ feet to a point;

Thence N 82 deg. 03 min. 57 sec. E a distance of 852.21ꞌ feet to a point;

Thence N 82 deg. 01 min. 34 sec. E a distance of 695.34ꞌ feet to a point;

Said point being S 11 deg. 44 min. 10 sec. E a distance of 572.190ꞌ feet from P.R.M. 48-84-B19.

Thence N 82 deg. 01 min. 34 sec. E a distance of 210.00ꞌ feet to a point;

Thence N 78 deg. 15 min. 55 sec. E a distance of 1,025.41ꞌ feet to a point;

Thence N 78 deg. 30 min. 37 sec. E a distance of 1,032.33ꞌ feet to a point;

Thence N 78 deg. 31 min. 16 sec. E a distance of 714.39ꞌ feet to a point;

Said point being S 10 deg. 22 min. 35 sec. E a distance of 608.184ꞌ feet from P.R.M. 48-84-B20.

Thence N 78 deg. 31 min. 16 sec. E a distance of 210.00ꞌ feet to a point;

Thence N 78 deg. 55 min. 00 sec. E a distance of 991.36ꞌ feet to a point;

Thence N 78 deg. 58 min. 52 sec. E a distance of 957.68ꞌ feet to a point;

Thence N 79 deg. 00 min. 54 sec. E a distance of 950.27ꞌ feet to a point;

Thence N 78 deg. 54 min. 01 sec. E a distance of 841.48ꞌ feet to a point;

Said point being S 10 deg. 49 min. 39 sec. E a distance of 622.286ꞌ feet from P.R.M. 48-84-B21.

Thence N 78 deg. 54 min. 01 sec. E a distance of 280.00ꞌ feet to a point;

Thence N 77 deg. 59 min. 38 sec. E a distance of 961.02ꞌ feet to a point;

Thence N 78 deg. 11 min. 31 sec. E a distance of 992.72ꞌ feet to a point;

Thence N 76 deg. 15 min. 59 sec. E a distance of 928.08ꞌ feet to a point;

Thence N 76 deg. 35 min. 15 sec. E a distance of 1,003.76ꞌ feet to a point;

Said point being N 66 deg. 58 min. 30 sec. E a distance of 215.269ꞌ feet from P.R.M. 48-84-B22.

Thence N 78 deg. 17 min. 26 sec. E a distance of 1,112.88ꞌ feet to a point;

Thence N 79 deg. 30 min. 14 sec. E a distance of 984.10ꞌ feet to a point;

Thence N 79 deg. 28 min. 46 sec. E a distance of 1,034.87ꞌ feet to a point;

Said point being N 66 deg. 01 min. 45 sec. E a distance of 45.952ꞌ feet from P.R.M. 48-84-B23.

Thence N 79 deg. 10 min. 51 sec. E a distance of 1,028.10ꞌ feet to a point;

Thence N 78 deg. 59 min. 55 sec. E a distance of 975.31ꞌ feet to a point;

Thence N 79 deg. 02 min. 09 E a distance of 1,021.68ꞌ feet to a point;

Said point being N 26 deg. 58 min. 56 sec. E a distance of 31.132ꞌ feet from P.R.M. 48-84-B24.

Thence N 79 deg. 02 min. 11 sec. E a distance of 983.16ꞌ feet to a point;

Thence N 79 deg. 50 min. 29 sec. E a distance of 1,042.63ꞌ feet to a point;

Thence N 78 deg. 29 min. 55 sec. E a distance of 1,002.59ꞌ feet to a point;

Thence N 78 deg. 01 min. 41 sec. E a distance of 973.40ꞌ feet to a point;

Said point being N 63 deg. 27 min. 09 sec. E a distance of 227.177ꞌ feet from P.R.M. 48-84-B25.

Thence N 79 deg. 43 min. 43 sec. E a distance of 1,098.74ꞌ feet to a point;

Thence N 81 deg. 20 min. 08 sec. E a distance of 961.21ꞌ feet to a point;

Thence N 81 deg. 30 min. 56 sec. E a distance of 1,004.40ꞌ feet to a point;

Said point being N 07 deg. 34 min. 04 sec. W a distance of 15.118ꞌ feet from P.R.M. 48-84-B26.

Thence N 80 deg. 07 min. 17 sec. E a distance of 1,002.80ꞌ feet to a point;

Thence N 80 deg. 08 min. 04 sec. E a distance of 993.27ꞌ feet to a point;

Thence N 78 deg. 15 min. 48 sec. E a distance of 1,056.55ꞌ feet to a point;

Said point being N 55 deg. 44 min. 24 sec. W a distance of 44.528ꞌ feet from P.R.M. 48-84-B27.

Thence N 78 deg. 32 min. 12 sec. E a distance of 981.74ꞌ feet to a point;

Thence N 78 deg. 53 min. 13 sec. E a distance of 1,006.05ꞌ feet to a point;

Thence N 78 deg. 39 min. 04 sec. E a distance of 977.59ꞌ feet to a point;

Said point being N 36 deg. 15 min. 13 sec. W a distance of 36.978ꞌ feet from P.R.M. 48-84-B28.

Thence N 78 deg. 11 min. 09 sec. E a distance of 1,041.77ꞌ feet to a point;

Thence N 79 deg. 06 min. 14 sec. E a distance of 1,021.08ꞌ feet to a point;

Thence N 81 deg. 20 min. 14 sec. E a distance of 984.90ꞌ feet to a point;

Said point being N 80 deg. 37 min. 54 sec. W a distance of 112.292ꞌ feet from P.R.M. 48-84-B29.

Thence N 80 deg. 26 min. 17 sec. E a distance of 1,046.50ꞌ feet to a point;

Thence N 80 deg. 32 min. 39 sec. E a distance of 862.06ꞌ feet to a point;

Thence N 81 deg. 43 min. 27 sec. E a distance of 1,063.60ꞌ feet to a point;

Said point being S 89 deg. 35 min. 53 sec. W a distance of 89.529ꞌ (feet from P.R.M. 48-84-B30.

Thence N 80 deg. 46 min. 57 sec. E a distance of 1,040.84ꞌ feet to a point;

Thence N 81 deg. 00 min. 26 sec. E a distance of 958.17ꞌ feet to a point;

Thence N 80 deg. 59 min. 47 sec. E a distance of 952.13ꞌ feet to a point;

Said point being N 79 deg. 43 min. 32 sec. W a distance of 65.489ꞌ feet from P.R.M. 48-84-B31.

Thence N 80 deg. 33 min. 17 sec. E a distance of 1,063.42ꞌ feet to a point;

Thence N 80 deg. 25 min. 33 sec. E a distance of 1,030.84ꞌ feet to a point;

Thence N 80 deg. 37 min. 44 sec. E a distance of 1,020.01ꞌ feet to a point;

Said point being N 26 deg. 17 min. 25 sec. W a distance of 52.125ꞌ feet from P.R.M. 48-84-B32.

Thence N 81 deg. 04 min. 30 sec. E a distance of 1,027.84ꞌ feet to a point;

Thence N 78 deg. 56 min. 56 sec. E a distance of 907.66ꞌ feet to a point;

Thence N 78 deg. 48 min. 30 sec. E a distance of 986.24ꞌ feet to a point;

Said point being N 30 deg. 06 min. 10 sec. E a distance of 160.763ꞌ feet from P.R.M. 48-84-B33.

Thence N 78 deg. 51 min. 06 sec. E a distance of 939.06ꞌ feet to a point;

Thence N 79 deg. 18 min. 55 sec. E a distance of 1,071.11ꞌ feet to a point;

Thence N 79 deg. 40 min. 13 sec. E a distance of 805.68ꞌ feet to a point;

Said point being S 44 deg. 59 min. 33 sec. E a distance of 642.256ꞌ feet from P.R.M. 48-84-B34.

Thence N 79 deg. 40 min. 13 sec. E a distance of 240.00ꞌ feet to a point;

Thence N 79 deg. 15 min. 56 sec. E a distance of 987.45ꞌ feet to a point;

Thence N 79 deg. 22 min. 33 sec. E a distance of 922.84ꞌ feet to a point;

Thence N 79 deg. 37 min. 34 sec. E a distance of 994.71ꞌ feet to a point;

Said point being N 84 deg. 47 min. 03 sec. E a distance of 127.667ꞌ feet from P.R.M. 48-84-B35.

Thence N 79 deg. 20 min. 54 sec. E a distance of 1,034.10ꞌ feet to a point;

Thence N 79 deg. 26 min. 07 sec. E a distance of 987.35ꞌ feet to a point;

Thence N 80 deg. 59 min. 21 sec. E a distance of 1,035.27ꞌ feet to a point;

Said point being N 75 deg. 29 min. 36 sec. W a distance of 68.374ꞌ feet from P.R.M. 48-84-B36.

Thence N 80 deg. 01 min. 30 sec. E a distance of 1,011.64ꞌ feet to a point;

Thence N 80 deg. 11 min. 19 sec. E a distance of 1,001.97ꞌ feet to a point;

Thence N 79 deg. 33 min. 57 sec. E a distance of 1,090.87ꞌ feet to a point;

Said point being N 54 deg. 12 min. 14 sec. E a distance of 69.877ꞌ feet from P.R.M. 48-84-B37.

Thence N 79 deg. 44 min. 03 sec. E a distance of 962.15ꞌ feet to a point;

Thence N 78 deg. 16 min. 57 sec. E a distance of 971.74ꞌ feet to a point;

Thence N 78 deg. 25 min. 48 sec. E a distance of 991.09ꞌ feet to a point;

Said point being N 54 deg. 24 min. 53 sec. W a distance of 39.774ꞌ feet from P.R.M. 48-84-B38.

Thence N 79 deg. 07 min. 29 sec. E a distance of 986.37ꞌ feet to a point;

Thence N 79 deg. 26 min. 52 sec. E a distance of 960.90ꞌ feet to a point;

Thence N 80 deg. 32 min. 27 sec. E a distance of 1,079.46ꞌ feet to a point;

Said point being N 22 deg. 45 min. 00 sec. W a distance of 08.872ꞌ feet from P.R.M. 48-84-B39.

Thence N 80 deg. 36 min. 31 sec. E a distance of 1,163.40ꞌ feet to a point;

Thence N 81 deg. 03 min. 29 sec. E a distance of 857.76ꞌ feet to a point;

Thence N 79 deg. 03 min. 24 sec. E a distance of 956.32ꞌ feet to a point;

Said point being N 07 deg. 47 min. 38 sec. W a distance of 70.069ꞌ feet from P.R.M. 48-84-B40.

Thence N 80 deg. 01 min. 18 sec. E a distance of 1,049.88ꞌ feet to a point;

Thence N 81 deg. 56 min. 05 sec. E a distance of 1,051.65ꞌ feet to a point;

Thence N 80 deg. 55 min. 02 sec. E a distance of 971.68ꞌ feet to a point;

Said point being N 33 deg. 29 min. 03 sec. E a distance of 49.421ꞌ feet from P.R.M. 48-84-B41.

Thence N 81 deg. 52 min. 49 sec. E a distance of 1,028.38ꞌ feet to a point;

Thence N 80 deg. 42 min. 55 sec. E a distance of 925.66ꞌ feet to a point;

Thence N 80 deg. 59 min. 08 sec. E a distance of 1,044.94ꞌ feet to a point;

Said point being S 12 deg. 35 min. 55 sec. E a distance of 28.719ꞌ feet from P.R.M. 48-84-B42.

Thence N 81 deg. 46 min. 52 sec. E a distance of 1,012.82ꞌ feet to a point;

Thence N 79 deg. 09 min. 14 sec. E distance of 1,002.73ꞌ feet to a point;

Thence N 80 deg. 29 min. 46 sec. E a distance of 1,012.77ꞌ feet to a point;

Thence N 83 deg. 03 min. 30 sec. E a distance of 905.07ꞌ feet to a point;

Said point being N 33 deg. 53 min. 16 sec. E a distance of 102.825ꞌ feet from P.R.M. 48-84-B43.

Thence N 82 deg. 31 min. 23 sec. E a distance of 1,156.98ꞌ feet to a point;

Said point being S 00 deg. 22 min. 30 sec. E a distance of 387.179ꞌ feet from P.R.M. 48-84-B44.

Thence N 79 deg. 59 min. 28 sec. E a distance of 1,035.74ꞌ feet to a point;

Thence N 82 deg. 03 min. 18 sec. E a distance of 1,089.22ꞌ feet to a point;

Thence N 87 deg. 12 min. 56 sec. E a distance of 955.05ꞌ feet to a point;

Said point being S 22 deg. 04 min. 03 sec. E a distance of 489.671ꞌ feet from P.R.M. 48-84-B45.

Thence N 83 deg. 11 min. 37 sec. E a distance of 1,101.82ꞌ feet to a point;

Thence N 81 deg. 36 min. 54 sec. E a distance of 1,034.91ꞌ feet to a point;

Said point being S 65 deg. 03 min. 37 sec. E a distance of 810.553ꞌ feet from P.R.M. 48-84-B46.

Thence N 81 deg. 32 min. 01 sec. E a distance of 1,044.71ꞌ feet to a point;

Thence N 76 deg. 01 min. 31 sec. E a distance of 707.42ꞌ feet to a point;

Thence N 10 deg. 00 min. 00 sec. W a distance of 380.00ꞌ feet to a point;

Thence N 83 deg. 52 min. 49 sec. E a distance of 1,275.91ꞌ feet to a point;

Thence N 83 deg. 52 min. 49 sec. E to the point of intersection with the Escambia County and Santa Rosa County line;

Said point being the easterly terminus of the coastal construction control line for Escambia County;

Thence S 83 deg. 52 min. 49 sec. W to the aforementioned point;

Thence S 83 deg. 52 min. 49 sec. W a distance of 1,275.91ꞌ feet to a point;

Thence S 10 deg. 00 min. 00 sec. E a distance of 380.00ꞌ feet to a point;

Thence S 76 deg. 01 min. 31 sec. W a distance of 707.42ꞌ feet to a point;

Thence S 81 deg. 32 min. 01 sec. W a distance of 1,044.71ꞌ feet to a point;

Said point being S 65 deg. 03 min. 37 sec. E a distance of 810.553ꞌ feet from P.R.M. 48-84-B46.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 8-12-75, Formerly 16B-26.02, Amended 6-19-86, Formerly 16B-26.002, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.003 Description of the Okaloosa County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Okaloosa County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule amendment shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Okaloosa County, Florida, together with each affected municipality.

(3) After this rule amendment becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE OKALOOSA COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S.

SAID CONTROL LINE LYING ALONG THE GULF OF MEXICO FROM THE EASTERLY BOUNDARY OF EGLIN AIR FORCE BASE AND THE WESTERLY BOUNDARY OF THE OKALOOSA ISLAND AUTHORITY LINE EASTERLY TO THE INTERSECTION WITH THE WESTERN BOUNDARY OF EGLIN AIR FORCE BASE. RECOMMENCING AT THE EASTERLY BOUNDARY OF EGLIN AIR FORCE BASE AND CONTINUING EASTERLY TO ITS TERMINUS AT THE INTERSECTION WITH THE OKALOOSA-WALTON COUNTY LINE.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “NARR 2 1973,” “57-81-A01,” “57-81-A02,” “57-89-A02 A,” “57-81-A03-2 1989,” “ARIUM-1956,” “57-89-A03A,” “57-81-A04,” “57-81-A05,” “CONTRAVES ONE 1956,” “57-81-A06 THROUGH 57-81-A10,” “57-81-A11-2 1989,” “57-89-A11 A,” “57-81-A12,” “57-89-A12 A,” “57-81-A13 THROUGH 57-81-A15,” “RENO 1934,” “57-81-A16 THROUGH 57-81-A20.”

FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.), SAID PERMANENT REFERENCE MONUMENTS ESTABLISHED ON THE NORTH ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON NORTH AMERICAN 1927 DATUM.

THE BEARING BASE FOR THIS DESCRIPTION WAS DETERMINED BY POLARIS OBSERVATIONS MADE AT PERMANENT REFERENCE MONUMENTS (P.R.M.) 57-81-A01, 57-81-A13.

METES AND BOUNDS DESCRIPTION FOR THE COASTAL CONSTRUCTION CONTROL LINE OKALOOSA COUNTY, FLORIDA

COMMENCE AT P.R.M. 57-81-A01; THENCE S 07 DEG. 01 MIN. 33 SEC. W A DISTANCE OF 319.18ꞌ FEET TO THE POINT OF BEGINNING; THENCE N 87 DEG. 33 MIN. 41 SEC. W A DISTANCE OF 1162.35ꞌ FEET TO A POINT; THENCE N 87 DEG. 31 MIN. 42 SEC. W TO THE POINT OF INTERSECTION WITH THE EASTERLY BOUNDARY OF EGLIN AIR FORCE BASE; SAID POINT BEING THE WESTERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR OKALOOSA COUNTY; THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING; SAID POINT BEING S 07 DEG. 01 MIN. 33 SEC. W A DISTANCE OF 319.18ꞌ FEET FROM P.R.M. 57-81-A01.

THENCE S 86 DEG. 37 MIN. 37 SEC. E A DISTANCE OF 1097.79ꞌ FEET TO A POINT; THENCE S 86 DEG. 33 MIN. 09 SEC. E A DISTANCE OF 1,100.47ꞌ FEET TO A POINT; THENCE S 85 DEG. 52 MIN. 36 SEC. E A DISTANCE OF 1,046.82ꞌ FEET TO A POINT; SAID POINT BEING S 18 DEG. 03 MIN. 53 SEC. W A DISTANCE OF 284.05 FEET FROM P.R.M. 57-81-A02.

THENCE S 82 DEG. 25 MIN. 22 SEC. E A DISTANCE OF 1,101.01ꞌ FEET TO A POINT; THENCE S 81 DEG. 33 MIN. 58 SEC. E A DISTANCE OF 1,067.93ꞌ FEET TO A POINT; SAID POINT BEING S 29 DEG. 28 MIN. 48 SEC. W A DISTANCE OF 411.06ꞌ FEET FROM P.R.M. 57-89-A02 A.

THENCE S 82 DEG. 03 MIN. 55 SEC. E A DISTANCE OF 1,102.50ꞌ FEET TO A POINT; THENCE S 80 DEG. 46 MIN. 52 SEC. E A DISTANCE OF 1,029.84ꞌ FEET TO A POINT; SAID POINT BEING S 04 DEG. 29 MIN. 33 SEC. E A DISTANCE OF 368.43ꞌ FEET FROM P.R.M. 57-81-A03-2 1989.

THENCE S 80 DEG. 49 MIN. 59 SEC. E A DISTANCE OF 1,016.95ꞌ FEET TO A POINT; SAID POINT BEING S 61 DEG. 30 MIN. 08 SEC. W A DISTANCE OF 887.86ꞌ FEET FROM P.R.M. ARIUM-1956.

THENCE S 81 DEG. 10 MIN. 58 SEC. E A DISTANCE OF 1,102.19ꞌ FEET TO A POINT; SAID POINT BEING S 03 DEG. 29 MIN. 59 SEC. W A DISTANCE OF 674.93ꞌ FEET FROM P.R.M. 57-89-A03A.

THENCE S 84 DEG. 37 MIN. 09 SEC. E A DISTANCE OF 1,089.49ꞌ FEET TO A POINT; SAID POINT BEING S 15 DEG. 23 MIN. 23 SEC. E A DISTANCE OF 761.81ꞌ FEET FROM P.R.M. 57-81-A04.

THENCE S 84 DEG. 24 MIN. 18 SEC. E A DISTANCE OF 1,058.22ꞌ FEET TO A POINT; THENCE S 85 DEG. 26 MIN. 40 SEC. E A DISTANCE OF 1,068.71ꞌ FEET TO A POINT; THENCE S 85 DEG. 06 MIN. 18 SEC. E A DISTANCE OF 870.44ꞌ FEET TO A POINT; SAID POINT BEING S 05 DEG. 54 MIN. 32 SEC. W A DISTANCE OF 583.84ꞌ FEET FROM P.R.M. 57-81-A05.

THENCE S 85 DEG. 06 MIN. 18 SEC. E TO THE POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF EGLIN AIR FORCE BASE; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING S 05 DEG. 54 MIN. 32 SEC. W A DISTANCE OF 583.84ꞌ FEET FROM P.R.M. 57-81-A05.

RECOMMENCE AT P.R.M. 57-81-A09; THENCE N 40 DEG. 59 MIN. 14 SEC. E A DISTANCE OF 105.92ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 68 DEG. 55 MIN. 47 SEC. W A DISTANCE OF 1,251.69ꞌ FEET TO A POINT; THENCE N 29 DEG. 55 MIN. 40 SEC. W A DISTANCE OF 815.78ꞌ FEET TO A POINT; THENCE N 64 DEG. 52 MIN. 47 SEC. W A DISTANCE OF 301.52ꞌ FEET TO A POINT; THENCE N 34 DEG. 21 MIN. 18 SEC. W A DISTANCE OF 1,075.64ꞌ FEET TO A POINT; THENCE N 81 DEG. 50 MIN. 20 SEC. W A DISTANCE OF 260.64ꞌ FEET TO A POINT; THENCE N 38 DEG. 59 MIN. 57 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE EAST SHORE OF EAST PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING N 40 DEG. 59 MIN. 14 SEC. E A DISTANCE OF 105.92ꞌ FEET FROM P.R.M. 57-81-A09.

THENCE S 25 DEG. 05 MIN. 12 SEC. W A DISTANCE OF 745.31ꞌ FEET TO A POINT; THENCE N 86 DEG. 32 MIN. 58 SEC. E A DISTANCE OF 721.74ꞌ FEET TO A POINT; THENCE N 87 DEG. 06 MIN. 09 SEC. E A DISTANCE OF 945.87ꞌ FEET TO A POINT; SAID POINT BEING S 13 DEG. 12 MIN. 47 SEC. W A DISTANCE OF 290.21ꞌ FEET FROM P.R.M. 57-81-A10.

THENCE N 86 DEG. 09 MIN. 19 SEC. E A DISTANCE OF 1,170.22ꞌ FEET TO A POINT; THENCE N 86 DEG. 14 MIN. 49 SEC. E A DISTANCE OF 1,004.87ꞌ FEET TO A POINT; THENCE N 89 DEG. 16 MIN. 51 SEC. E A DISTANCE OF 1,010.59ꞌ FEET TO A POINT; SAID POINT BEING S 73 DEG. 09 MIN. 04 SEC. E A DISTANCE OF 532.98 FEET FROM P.R.M. 57-81-A11-2 1989.

THENCE N 89 DEG. 14 MIN. 23 SEC. E A DISTANCE OF 865.58ꞌ FEET TO A POINT; SAID POINT BEING S 71 DEG. 15 MIN. 40 SEC. W A DISTANCE OF 419.44ꞌ FEET FROM P.R.M. 57-89-A11 A.

THENCE N 89 DEG. 10 MIN. 49 SEC. E A DISTANCE OF 1,284.38ꞌ FEET TO A POINT; SAID POINT BEING S 59 DEG. 42 MIN. 39 SEC. E A DISTANCE OF 699.27ꞌ FEET FROM P.R.M. 57-81-A12.

THENCE N 89 DEG. 34 MIN. 44 SEC. E A DISTANCE OF 1,013.81ꞌ FEET TO A POINT; SAID POINT BEING S 43 DEG. 31 MIN. 44 SEC. E A DISTANCE OF 1859.98ꞌ FEET FROM P.R.M. 57-89-A12 A.

THENCE N 89 DEG. 26 MIN. 02 SEC. E A DISTANCE OF 456.58ꞌ FEET TO A POINT; THENCE N 06 DEG. 20 MIN. 25 SEC. E A DISTANCE OF 181.11ꞌ FEET TO A POINT; THENCE S 89 DEG. 31 MIN. 34 SEC. E A DISTANCE OF 645.41ꞌ FEET TO A POINT; THENCE N 89 DEG. 41 MIN. 35 SEC. E A DISTANCE OF 72.60ꞌ FEET TO A POINT; THENCE S 18 DEG. 16 MIN. 11 SEC. E A DISTANCE OF 108.51ꞌ FEET TO A POINT; THENCE S 87 DEG. 38 MIN. 09 SEC. E A DISTANCE OF 961.57ꞌ FEET TO A POINT; THENCE S 87 DEG. 44 MIN. 13 SEC. E A DISTANCE OF 1,021.34ꞌ FEET TO A POINT; SAID POINT BEING S 17 DEG. 46 MIN. 12 SEC. E A DISTANCE OF 560.18ꞌ FEET FROM P.R.M. 57-81-A14.

THENCE S 87 DEG. 36 MIN. 50 SEC. E A DISTANCE OF 1,200.02ꞌ FEET TO A POINT; THENCE S 87 DEG. 23 MIN. 40 SEC. E A DISTANCE OF 1,056.72ꞌ FEET TO A POINT; THENCE S 85 DEG. 41 MIN. 11 SEC. E A DISTANCE OF 884.06ꞌ FEET TO A POINT; SAID POINT BEING N 21 DEG. 08 MIN. 50 SEC. W A DISTANCE OF 74.19ꞌ FEET FROM P.R.M. 57-81-A15.

THENCE S 85 DEG. 40 MIN. 05 SEC. E A DISTANCE OF 969.58ꞌ FEET TO A POINT; THENCE S 86 DEG. 15 MIN. 35 SEC. E A DISTANCE OF 1,060.34ꞌ FEET TO A POINT; THENCE S 85 DEG. 58 MIN. 53 SEC. E A DISTANCE OF 991.75ꞌ FEET TO A POINT; SAID POINT BEING S 67 DEG. 20 MIN. 35 SEC. E A DISTANCE OF 177.21ꞌ FEET FROM P.R.M. RENO 1934.

THENCE S 89 DEG. 00 MIN. 29 SEC. E A DISTANCE OF 940.21ꞌ FEET TO A POINT; SAID POINT BEING N 07 DEG. 24 MIN. 26 SEC. W A DISTANCE OF 64.88ꞌ FEET FROM P.R.M. 57-81-A16.

THENCE S 84 DEG. 56 MIN. 55 SEC. E A DISTANCE OF 1,119.43ꞌ FEET TO A POINT; THENCE S 85 DEG. 17 MIN. 36 SEC. E A DISTANCE OF 1,021.26ꞌ FEET TO A POINT; THENCE S 85 DEG. 04 MIN. 32 SEC. E A DISTANCE OF 971.22ꞌ FEET TO A POINT; THENCE S 82 DEG. 43 MIN. 50 SEC. E A DISTANCE OF 963.52ꞌ FEET TO A POINT; SAID POINT BEING S 88 DEG. 57 MIN. 47 SEC. E A DISTANCE OF 341.76ꞌ FEET FROM P.R.M. 57-81-A17.

THENCE S 82 DEG. 50 MIN. 58 SEC. E A DISTANCE OF 1,140.01ꞌ FEET TO A POINT; THENCE S 81 DEG. 38 MIN. 34 SEC. E A DISTANCE OF 992.97ꞌ FEET TO A POINT; SAID POINT BEING S 45 DEG. 34 MIN. 17 SEC. W A DISTANCE OF 193.72ꞌ FEET FROM P.R.M. 57-81-A18.

THENCE S 81 DEG. 44 MIN. 15 SEC. E A DISTANCE OF 952.37ꞌ FEET TO A POINT; THENCE S 83 DEG. 22 MIN. 32 SEC. E A DISTANCE OF 1,038.27ꞌ FEET TO A POINT; THENCE S 83 DEG. 14 MIN. 28 SEC. E A DISTANCE OF 986.58ꞌ FEET TO A POINT; THENCE S 83 DEG. 45 MIN. 21 SEC. E A DISTANCE OF 1,139.21ꞌ FEET TO A POINT; SAID POINT BEING S 89 DEG. 37 MIN. 40 SEC. E A DISTANCE OF 126.22ꞌ FEET FROM P.R.M. 57-81-A19.

THENCE S 83 DEG. 49 MIN. 34 SEC. E A DISTANCE OF 958.02ꞌ FEET TO A POINT; THENCE S 82 DEG. 00 MIN. 13 SEC. E A DISTANCE OF 1063.76ꞌ FEET TO A POINT; THENCE S 82 DEG. 04 MIN. 06 SEC. E A DISTANCE OF 961.59ꞌ FEET TO A POINT; SAID POINT BEING N 61 DEG. 44 MIN. 49 SEC. W A DISTANCE OF 71.92ꞌ FEET FROM P.R.M. 57-81-A20.

THENCE S 82 DEG. 03 MIN. 23 SEC. E A DISTANCE OF 1,003.99ꞌ FEET TO A POINT; THENCE S 78 DEG. 25 MIN. 52 SEC. E TO THE POINT OF INTERSECTION WITH THE OKALOOSA-WALTON COUNTY LINE AND THE TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR OKALOOSA COUNTY, FLORIDA.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 10-25-76, Amended 1-25-79, Formerly 16B-26.03, Amended 1-8-92, Formerly 16B-26.003, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.004 Description of the Duval County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Duval County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule amendment shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Duval County, Florida, together with each affected municipality.

(3) After this rule amendment becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE DUVAL COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053, OF THE F.S. SAID CONTROL LINE LYING ALONG THE COAST OF THE ATLANTIC OCEAN FROM THE MEAN HIGH WATER LINE OF THE NORTHWESTERN SHORE OF LITTLE TALBOT ISLAND SOUTHERLY TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF LITTLE TALBOT ISLAND. RECOMMENCING AT THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF FORT GEORGE ISLAND, CONTINUING SOUTHERLY TO THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF FORT GEORGE ISLAND. RECOMMENCING AT THE SOUTHERN BOUNDARY OF MAYPORT NAVAL STATION, CONTINUING SOUTHERLY TO ITS TERMINUS AT THE DUVAL-SAINT JOHNS COUNTY LINE.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “72-81-A01-2 1989,” “72-81-A02-2 1989 THROUGH 72-81-A06,” “72-81-A07-2 1989,” “72-81-A08,” “72-81-A09-2 1989,” “72-81-A12 THROUGH 72-81-A33,” AND “78-79-A09.”

FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY THE NATIONAL GEODETIC SURVEY (N.G.S.), SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED IN THE EAST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED UPON THE NORTH AMERICAN 1927 DATUM.

THE BEARING BASE FOR THIS DESCRIPTION WAS DETERMINED BY POLARIS OBSERVATIONS MADE AT PERMANENT REFERENCE MONUMENTS (P.R.M.) 72-81-A17, 74-81-A 27, AND 78-79-A08.

METES AND BOUNDS DESCRIPTION FOR THE COASTAL CONSTRUCTION CONTROL LINE DUVAL COUNTY, FLORIDA

COMMENCE AT “P.R.M.” 72-81-A01-2 1989; THENCE S 22 DEG. 07 MIN. 51 SEC. W A DISTANCE OF 445.50ꞌ FEET TO THE POINT OF BEGINNING; THENCE N 74 DEG. 40 MIN. 45 SEC. W A DISTANCE OF 884.39ꞌ FEET TO A POINT; THENCE N 74 DEG. 40 MIN. 45 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHWESTERN SHORE OF LITTLE TALBOT ISLAND, SAID POINT BEING THE NORTHWESTERN TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR DUVAL COUNTY; THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING; SAID POINT BEING S 22 DEG. 07 MIN. 51 SEC. W A DISTANCE OF 445.50ꞌ FEET FROM P.R.M. 72-81-A01-2 1989.

THENCE S 27 DEG. 04 MIN. 10 SEC. E A DISTANCE OF 298.35ꞌ FEET TO A POINT; THENCE S 14 DEG. 29 MIN. 34 SEC. E A DISTANCE OF 945.27ꞌ FEET TO A POINT; SAID POINT BEING S 87 DEG. 41 MIN. 59 SEC. W A DISTANCE OF 487.18ꞌ FEET FROM P.R.M. 72-81-A02-2 1989.

THENCE S 01 DEG. 50 MIN. 29 SEC. W A DISTANCE OF 1,016.06ꞌ FEET TO A POINT; THENCE S 01 DEG. 06 MIN. 07 SEC. W A DISTANCE OF 461.07ꞌ FEET TO A POINT; THENCE S 00 DEG. 28 MIN. 18 SEC. W A DISTANCE OF 989.81ꞌ FEET TO A POINT; THENCE S 01 DEG. 33 MIN. 20 SEC. E A DISTANCE OF 1188.16ꞌ FEET TO A POINT; SAID POINT BEING S 56 DEG. 14 MIN. 17 SEC. W A DISTANCE OF 679.80ꞌ FEET FROM P.R.M. 72-81-A03.

THENCE S 01 DEG. 54 MIN. 33 SEC. E A DISTANCE OF 1,010.21ꞌ FEET TO A POINT; THENCE S 00 DEG. 27 MIN. 59 SEC. W A DISTANCE OF 1021.06ꞌ FEET TO A POINT; THENCE S 00 DEG. 39 MIN. 45 SEC. W A DISTANCE OF 1,021.12ꞌ FEET TO A POINT; SAID POINT BEING S 38 DEG. 36 MIN. 34 SEC. W A DISTANCE OF 428.80ꞌ FEET FROM P.R.M. 72-81-A04.

THENCE S 01 DEG. 11 MIN. 29 SEC. E A DISTANCE OF 1,082.36ꞌ FEET TO A POINT; THENCE S 01 DEG. 14 MIN. 42 SEC. E A DISTANCE OF 1,047.71ꞌ FEET TO A POINT; THENCE S 03 DEG. 09 MIN. 37 SEC. E A DISTANCE OF 959.95ꞌ FEET TO A POINT; SAID POINT BEING S 86 DEG. 55 MIN. 17 SEC. W A DISTANCE OF 191.07ꞌ FEET FROM P.R.M. 72-81-A05.

THENCE S 02 DEG. 59 MIN. 34 SEC. E A DISTANCE OF 880.99ꞌ FEET TO A POINT; THENCE S 05 DEG. 49 MIN. 16 SEC. E A DISTANCE OF 1,154.89ꞌ FEET TO A POINT; THENCE S 06 DEG. 05 MIN. 19 SEC. E A DISTANCE OF 879.78ꞌ FEET TO A POINT; SAID POINT BEING N 68 DEG. 05 MIN. 24 SEC. W A DISTANCE OF 183.35ꞌ FEET FROM P.R.M. 72-81-A06.

THENCE S 09 DEG. 25 MIN. 41 SEC. E A DISTANCE OF 976.32ꞌ FEET TO A POINT; THENCE S 11 DEG. 13 MIN. 21 SEC. E A DISTANCE OF 890.83ꞌ FEET TO A POINT; THENCE S 10 DEG. 28 MIN. 50 SEC. E A DISTANCE OF 711.53ꞌ FEET TO A POINT; THENCE S 01 DEG. 30 MIN. 04 SEC. E A DISTANCE OF 268.32ꞌ FEET TO A POINT; THENCE S 02 DEG. 14 MIN. 08 SEC. E A DISTANCE OF 1,020.34ꞌ FEET TO A POINT; THENCE S 02 DEG. 04 MIN. 28 SEC. E A DISTANCE OF 936.39ꞌ FEET TO A POINT; SAID POINT BEING S 49 DEG. 49 MIN. 33 SEC. W A DISTANCE OF 566.72ꞌ FEET FROM P.R.M. 72-81-A07-2 1989.

THENCE S 15 DEG. 25 MIN. 45 SEC. W A DISTANCE OF 401.21ꞌ FEET TO A POINT; THENCE S 47 DEG. 32 MIN. 35 SEC. W A DISTANCE OF 1,276.62ꞌ FEET TO A POINT; THENCE S 47 DEG. 32 MIN. 35 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF LITTLE TALBOT ISLAND.

RECOMMENCE AT P.R.M. 72-81-A08; THENCE S 67 DEG. 34 MIN. 42 SEC. W A DISTANCE OF 698.06ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 18 DEG. 08 MIN. 28 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF FORT GEORGE ISLAND; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 67 DEG. 34 MIN. 42 SEC. W A DISTANCE OF 698.06ꞌ FEET FROM P.R.M. 72-81-A08.

THENCE S 24 DEG. 39 MIN. 14 SEC. E A DISTANCE OF 868.44ꞌ FEET TO A POINT; THENCE S 30 DEG. 03 MIN. 07 SEC. E A DISTANCE OF 899.06ꞌ FEET TO A POINT; THENCE S 60 DEG. 44 MIN. 11 SEC. E A DISTANCE OF 494.41ꞌ FEET TO A POINT; THENCE S 08 DEG. 59 MIN. 33 SEC. E A DISTANCE OF 300.70ꞌ FEET TO A POINT; THENCE S 17 DEG. 07 MIN. 24 SEC. W A DISTANCE OF 1,015.14ꞌ FEET TO A POINT; SAID POINT BEING S 86 DEG. 11 MIN. 12 SEC. W A DISTANCE OF 416.69ꞌ FEET FROM P.R.M. 72-81-A09-2 1989.

THENCE S 17 DEG. 07 MIN. 24 SEC. W TO THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF FORT GEORGE ISLAND.

RECOMMENCE AT P.R.M. 72-81-A12; THENCE N 53 DEG. 22 MIN. 46 SEC. E A DISTANCE OF 469.29ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 05 DEG. 20 MIN. 40 SEC. E TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF MAYPORT NAVAL STATION; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 53 DEG. 22 MIN. 46 SEC. E A DISTANCE OF 469.29ꞌ FEET FROM P.R.M. 72-81-A12.

THENCE S 05 DEG. 20 MIN. 40 SEC. W A DISTANCE OF 1,011.22ꞌ FEET TO A POINT; THENCE S 02 DEG. 38 MIN. 15 SEC. W A DISTANCE OF 923.12ꞌ FEET TO A POINT; THENCE S 04 DEG. 00 MIN. 47 SEC. W A DISTANCE OF 971.89ꞌ FEET TO A POINT; SAID POINT BEING N 27 DEG. 28 MIN. 49 SEC. E A DISTANCE OF 542.96ꞌ FEET FROM P.R.M. 72-81-A13.

THENCE S 01 DEG. 59 MIN. 04 SEC. W A DISTANCE OF 1,058.56ꞌ FEET TO A POINT; THENCE S 01 DEG. 13 MIN. 30 SEC. W A DISTANCE OF 917.21ꞌ FEET TO A POINT; THENCE S 00 DEG. 52 MIN. 37 SEC. W A DISTANCE OF 774.40ꞌ FEET TO A POINT; SAID POINT BEING S 64 DEG. 18 MIN. 19 SEC. E A DISTANCE OF 211.96ꞌ FEET FROM P.R.M. 72-81-A14.

THENCE S 05 DEG. 21 MIN. 06 SEC. E A DISTANCE OF 1,265.85ꞌ FEET TO A POINT; THENCE S 02 DEG. 49 MIN. 28 SEC. E A DISTANCE OF 850.72ꞌ FEET TO A POINT; SAID POINT BEING S 79 DEG. 00 MIN. 56 SEC. E A DISTANCE OF 321.68ꞌ FEET FROM P.R.M. 72-81-A15.

THENCE S 02 DEG. 03 MIN. 26 SEC. E A DISTANCE OF 975.99ꞌ FEET TO A POINT; THENCE S 01 DEG. 48 MIN. 53 SEC. E A DISTANCE OF 885.54ꞌ FEET TO A POINT; THENCE S 04 DEG. 20 MIN. 21 SEC. E A DISTANCE OF 1,048.95ꞌ FEET TO A POINT; SAID POINT BEING N 81 DEG. 57 MIN. 44 SEC. E A DISTANCE OF 476.58ꞌ FEET FROM P.R.M. 72-81-A16.

THENCE S 02 DEG. 52 MIN. 59 SEC. E A DISTANCE OF 815.80ꞌ FEET TO A POINT; THENCE S 03 DEG. 48 MIN. 40 SEC. E A DISTANCE OF 951.78ꞌ FEET TO A POINT; SAID POINT BEING N 58 DEG. 47 MIN. 23 SEC. E A DISTANCE OF 659.98ꞌ FEET FROM P.R.M. 72-81-A17.

THENCE S 04 DEG. 01 MIN. 52 SEC. E A DISTANCE OF 936.37ꞌ FEET TO A POINT; THENCE S 04 DEG. 05 MIN. 10 SEC. E A DISTANCE OF 980.48ꞌ FEET TO A POINT; SAID POINT BEING N 30 DEG. 26 MIN. 33 SEC. E A DISTANCE OF 1059.89ꞌ FEET FROM P.R.M. 72-81-A18.

THENCE S 05 DEG. 03 MIN. 57 SEC. E A DISTANCE OF 991.16ꞌ FEET TO A POINT; SAID POINT BEING S 54 DEG. 16 MIN. 41 SEC. W A DISTANCE OF 244.32ꞌ FEET FROM P.R.M. 72-81-A19.

THENCE S 04 DEG. 54 MIN. 47 SEC. E A DISTANCE OF 1046.23ꞌ FEET TO A POINT; THENCE S 04 DEG. 57 MIN. 14 SEC. E A DISTANCE OF 888.20ꞌ FEET TO A POINT; SAID POINT BEING N 87 DEG. 58 MIN. 28 SEC. W A DISTANCE OF 228.12ꞌ FEET FROM P.R.M. 72-81-A20.

THENCE S 05 DEG. 06 MIN. 58 SEC. E A DISTANCE OF 949.50ꞌ FEET TO A POINT; THENCE S 05 DEG. 04 MIN. 04 SEC. E A DISTANCE OF 934.80ꞌ FEET TO A POINT; THENCE S 06 DEG. 12 MIN. 17 SEC. E A DISTANCE OF 1,058.52ꞌ FEET TO A POINT; SAID POINT BEING N 38 DEG. 52 MIN. 22 SEC. W A DISTANCE OF 335.48ꞌ FEET FROM P.R.M. 72-81-A21.

THENCE S 06 DEG. 26 MIN. 53 SEC. E A DISTANCE OF 934.06ꞌ FEET TO A POINT; SAID POINT BEING S 30 DEG. 01 MIN. 25 SEC. E A DISTANCE OF 681.87ꞌ FEET FROM P.R.M. 72-81-A22.

THENCE S 06 DEG. 05 MIN. 17 SEC. E A DISTANCE OF 913.87 FEET TO A POINT; THENCE S 07 DEG. 05 MIN. 35 SEC. E A DISTANCE OF 941.41ꞌ FEET TO A POINT; SAID POINT BEING N 32 DEG. 36 MIN. 18 SEC. E A DISTANCE OF 368.56ꞌ FEET FROM P.R.M. 72-81-A23.

THENCE S 07 DEG. 14 MIN. 26 SEC. E A DISTANCE OF 933.21ꞌ FEET TO A POINT; THENCE S 06 DEG. 55 MIN. 36 SEC. E A DISTANCE OF 884.38ꞌ FEET TO A POINT; THENCE S 08 DEG. 00 MIN. 11 SEC. E A DISTANCE OF 991.25ꞌ FEET TO A POINT; THENCE S 07 DEG. 09 MIN. 18 SEC. E A DISTANCE OF 932.27ꞌ FEET TO A POINT; SAID POINT BEING S 80 DEG. 58 MIN. 33 SEC. E A DISTANCE OF 296.54ꞌ FEET FROM P.R.M. 72-81-A24.

THENCE S 07 DEG. 12 MIN. 07 SEC. E A DISTANCE OF 917.59ꞌ FEET TO A POINT; SAID POINT BEING N 63 DEG. 48 MIN. 50 SEC. E A DISTANCE OF 129.18ꞌ FEET FROM P.R.M. 72-81-A25.

THENCE S 08 DEG. 25 MIN. 11 SEC. E A DISTANCE OF 1087.65 FEET TO A POINT; THENCE S 08 DEG. 29 MIN. 35 SEC. E A DISTANCE OF 868.17ꞌ FEET TO A POINT; SAID POINT BEING N 06 DEG. 05 MIN. 28 SEC. E A DISTANCE OF 418.66ꞌ FEET FROM P.R.M. 72-81-A26.

THENCE S 08 DEG. 32 MIN. 55 SEC. E A DISTANCE OF 1,018.89ꞌ FEET TO A POINT; THENCE S 08 DEG. 19 MIN. 13 SEC. E A DISTANCE OF 895.06ꞌ FEET TO A POINT; THENCE S 10 DEG. 28 MIN. 06 SEC. E A DISTANCE OF 980.62ꞌ FEET TO A POINT; SAID POINT BEING N 04 DEG. 24 MIN. 50 SEC. W A DISTANCE OF 505.63ꞌ FEET FROM P.R.M. 72-81-A27.

THENCE S 10 DEG. 20 MIN. 44 SEC. E A DISTANCE OF 988.40ꞌ FEET TO A POINT; THENCE S 10 DEG. 07 MIN. 43 SEC. E A DISTANCE OF 990.01ꞌ FEET TO A POINT; THENCE S 09 DEG. 19 MIN. 17 SEC. E A DISTANCE OF 957.83ꞌ FEET TO A POINT; SAID POINT BEING S 66 DEG. 38 MIN. 53 SEC. E A DISTANCE OF 107.68ꞌ FEET FROM P.R.M. 72-81-A28.

THENCE S 09 DEG. 33 MIN. 54 SEC. E A DISTANCE OF 1049.53ꞌ FEET TO A POINT; THENCE S 09 DEG. 11 MIN. 09 SEC. E A DISTANCE OF 1025.77ꞌ FEET TO A POINT; SAID POINT BEING N 49 DEG. 26 MIN. 50 SEC. E A DISTANCE OF 45.05ꞌ FEET FROM P.R.M. 72-81-A29.

THENCE S 10 DEG. 37 MIN. 32 SEC. E A DISTANCE OF 924.89ꞌ FEET TO A POINT; THENCE S 10 DEG. 44 MIN. 10 SEC. E A DISTANCE OF 970.66ꞌ FEET TO A POINT; SAID POINT BEING S 26 DEG. 37 MIN. 52 SEC. E A DISTANCE OF 232.43ꞌ FEET FROM P.R.M. 72-81-A30.

THENCE S 10 DEG. 23 MIN. 26 SEC. E A DISTANCE OF 1,007.66ꞌ FEET TO A POINT; SAID POINT BEING S 42 DEG. 11 MIN. 34 SEC. E A DISTANCE OF 391.49ꞌ FEET FROM P.R.M. 72-81-A31.

THENCE S 11 DEG. 48 MIN. 18 SEC. E A DISTANCE OF 911.28ꞌ FEET TO A POINT; THENCE S 11 DEG. 46 MIN. 04 SEC. E A DISTANCE OF 972.09ꞌ FEET TO A POINT; SAID POINT BEING S 41 DEG. 25 MIN. 11 SEC. E A DISTANCE OF 357.60ꞌ FEET FROM P.R.M. 72-81-A32.

THENCE S 11 DEG. 04 MIN. 06 SEC. E A DISTANCE OF 1,057.09ꞌ FEET TO A POINT; SAID POINT BEING N 89 DEG. 58 MIN. 01 SEC. E A DISTANCE OF 240.26ꞌ FEET FROM P.R.M. 72-81-A33.

THENCE S 10 DEG. 55 MIN. 34 SEC. E A DISTANCE OF 919.70ꞌ FEET TO A POINT; THENCE S 11 DEG. 25 MIN. 47 SEC. E A DISTANCE OF 850.07ꞌ FEET TO A POINT; THENCE S 12 DEG. 38 MIN. 46 SEC. E A DISTANCE OF 1,028.71ꞌ FEET TO A POINT; SAID POINT BEING N 05 DEG. 18 MIN. 57 SEC. W A DISTANCE OF 1,263.89ꞌ FEET FROM P.R.M. 78-79-A09.

THENCE S 12 DEG. 31 MIN. 15 SEC. E TO THE POINT OF INTERSECTION WITH THE DUVAL-SAINT JOHNS COUNTY LINE. SAID POINT BEING THE SOUTHERN TERMINUS OF COASTAL CONSTRUCTION CONTROL LINE FOR DUVAL COUNTY.

Description of Coastal Construction Setback lines established in compliance with Section 161.053, F.S., said Setback line lying along the Atlantic Ocean Coast from the Duval County line and Nassau County line southerly to the Duval County and St. Johns County line.

Said Coastal Construction Setback line is related to a series of “Permanent Reference Monuments” (P.R.M.) designated and hereinafter referred to as “R-1” through “R-80” as established by the Department of Environmental Protection, State of Florida in 1973, said monuments are co-ordinated on the Florida State Plane co-ordinate system, East Zone and a table of said co-ordinates are attached hereto and made a part hereof, said “P.R.M.” R-1 is located near the Duval County and Nassau County line.

Commence at “P.R.M.” R-1 thence run S 16° 44' 00'' W a distance of 77.0ꞌ feet to the point of beginning:

Thence S 77° 32' 39'' E a distance of 931.53ꞌ feet to a point, said point being S 26° 44' 00'' W, 49.00ꞌ feet from “P.R.M.” R-2;

Thence S 32° 46' 51'' E a distance of 699.42ꞌ feet to a point, said point being S 76° 44' 00'' W, 92.00ꞌ feet from “P.R.M.” R-3

Thence S 19° 51' 01'' E a distance of 937.23ꞌ feet to a point, said point being S 76° 44' 00'' W, 107.00ꞌ feet from “P.R.M.” R-4;

Thence S 13° 55' 04'' E a distance of 1077.32ꞌ feet to a point, said point being S 81° 44' 00'' W, 118.00ꞌ feet from “P.R.M.” R-5;

Thence S 01° 30' 52'' W a distance of 808.69ꞌ feet to a point, said point being N 73° 16' 00'' W, 79.00ꞌ feet from “P.R.M.” R-6;

Thence S 06° 07' 04'' W a distance of 968.24ꞌ feet to a point, said point being N 73° 16' 00'' W, 112.00ꞌ feet from “P.R.M.” R-7;

Thence S 11° 07' 41'' W a distance of 1021.19ꞌ feet to a point, said point being N 88° 16' 00'' W, 53.00ꞌ feet from “P.R.M.” R-8;

Thence S 09° 50' 44'' W a distance of 1031.02ꞌ feet to a point, said point being N 88° 16' 00'' W, 52.00ꞌ feet from “P.R.M.” R-9;

Thence S 03° 56' 38'' W a distance of 1021.90ꞌ feet to a point, said point being N 88° 166' 00'' W, 103.00ꞌ feet from “P.R.M.” R-10;

Thence S 03° 40' 41'' W a distance of 1026.68ꞌ feet to a point, said point being S 88° 16' 00'' E, “W 13.00ꞌ feet from “P.R.M.” R-11;

Thence S 00° 52' 24'' W a distance of 1,081.13ꞌ feet to a point, said point being N 88° 16' 00'' W, 24.00ꞌ feet from “P.R.M.” R-12;

Thence S 03° 23' 21'' E a distance of 1,045.69ꞌ feet to a point, said point being N 88° 16' 00'' W, 143.00ꞌ feet from “P.R.M.” R-13;

Thence S 03° 24' 28'' E a distance of 962.48ꞌ feet to a point, said point being N 88° 16' 00'' W, 72.00ꞌ feet from “P.R.M.” R-14;

Thence S 02° 15' 25'' E a distance of 900.91ꞌ feet to a point, said point being N 88° 16' 00'' W, 68.00ꞌ feet from “P.R.M.” R-15;

Thence S 04° 20' 08'' E a distance of 1,129.18ꞌ feet to a point, said point being N 88° 16' 00'' W, 152.00ꞌ feet from “P.R.M.” R-16;

Thence S 03° 01' 20'' E a distance of 877.99ꞌ feet to a point, said point being N 88° 16' 00'' W, 96.00ꞌ feet from “P.R.M.” R-17;

Thence S 08° 58' 38'' E a distance of 973.75ꞌ feet to a point, said point being N 88° 16' 00'' W, 131.00ꞌ feet from “P.R.M.” R-18;

Thence S 09° 13' 56'' E a distance of 887.22ꞌ feet to a point, said point being N 88° 16' 00'' W, 67.00ꞌ feet from “P.R.M.” R-19;

Thence S 10° 21' 10'' E a distance of 974.26ꞌ feet to a point, said point being S 81° 44' 00'' W, 153.00ꞌ from “P.R.M.” R-20;

Thence S 10° 53' 38'' E a distance of 1,003.11ꞌ feet to a point, said point being N 76° 44' 00'' E, 142.00ꞌ feet from “P.R.M.” R-21;

Thence S 19° 02' 40'' E a distance of 910.00ꞌ feet to a point, said point being S 76° 44' 00'' W, 30.00ꞌ feet from “P.R.M.” R-22;

Thence S 16° 55' 22'' E a distance of 940.35ꞌ feet to a point, said point being N 88° 16' 00'' W, 190.00ꞌ feet from “P.R.M.” R-23;

Thence S 09° 13' 20'' E a distance of 543.67ꞌ feet to a point, said point being N 27° 16' 00'' W, 250.00ꞌ feet from “P.R.M.” R-24;

Thence S 47° 03' 48'' W a distance of 1,071.67ꞌ feet to a point, said point being N 43° 16' 00'' W, 151.00ꞌ feet from “P.R.M.” R-25;

Thence S 02° 28' 18'' E across Fort George Inlet a distance of 3,525.13ꞌ feet to a point, said point being S 21° 44' 00'' W, 447.00ꞌ feet from “P.R.M.” R-26;

Thence S 25° 05' 38'' E a distance of 799.36ꞌ feet to a point, said point being S 61° 44' 00'' W, 328.00ꞌ feet from “P.R.M.” R-27;

Thence S 30° 22' 37'' E a distance of 875.59ꞌ feet to a point, said point being S 71° 44' 00'' W, 519.00ꞌ feet from “P.R.M.” R-28;

Thence S 57° 56' 58'' E a distance of 526.00ꞌ feet to a point on the set back line;

Thence S 09° 18' 34'' E distance of 970.00ꞌ feet to a point, said point being S 86° 44' 00'' W, 162.00ꞌ feet from “P.R.M.” R-29;

Thence S 08 °32' 07'' E distance of 871.28ꞌ feet to a point, said point being N 63° 16' 00'' W, 194.00ꞌ feet from “P.R.M.” R-30;

Thence S 14° 08' 17'' E across another portion of Fort George Inlet a distance of 8,583.58ꞌ feet to a point, said point being N 83° 16' 00'' W, 98.00ꞌ feet from “P.R.M.” R-31;

Thence S 05° 56' 35'' W a distance of 1,092.84ꞌ feet to a point, said point being N 78° 16' 00'' W, 32.00ꞌ feet from “P.R.M.” R-32;

Thence S 02° 19' 13'' W a distance of 841.78ꞌ feet to a point, said point being N 83° 16' 00'' W, 68.00ꞌ feet from “P.R.M.” R-33;

Thence S 02° 25' 28'' W a distance of 958.57ꞌ feet to a point, said point being N 83° 16' 00'' W, 43.00ꞌ feet from “P.R.M.” R-34;

Thence S 01° 39' 03'' W a distance of 1,071.89ꞌ feet to a point, said point being N 83° 16' 00'' W, 67.00ꞌ feet from “P.R.M.” R-35;

Thence S 01° 51' 04'' W a distance of 918.97ꞌ feet to a point, said point being N 83° 16' 00'' W, 36.00ꞌ feet from “P.R.M.” R-36;

Thence S 01° 03' 49'' W a distance of 755.14ꞌ feet to a point, said point being N 83° 16' 00'' W, 76.00ꞌ feet from “P.R.M.” R-37;

Thence S 00° 10' 07'' W a distance of 1,267.00ꞌ feet to a point, said point being N 88° 16' 00'' W, 88.00ꞌ feet from “P.R.M.” R-38;

Thence S 02° 52' 58'' E a distance of 852.15ꞌ feet to a point, said point being N 88°16' 00'' W, 64.00ꞌ feet from “P.R.M.” R-39;

Thence S 01° 59' 54'' E a distance of 976.90ꞌ feet to a point, said point being N 88° 16' 00'' W, 11.00ꞌ feet from “P.R.M.” R-40;

Thence S 01° 52' 50'' E a distance of 884.32ꞌ feet to a point, said point being N 88° 16' 00'' W, 85.00ꞌ feet from “P.R.M.” R-41;

Thence S 08° 32' 55'' E a distance of 1,058.77ꞌ feet to a point, said point being N 88° 16' 00'' W, 17.00ꞌ feet from “P.R.M.” R-42;

Thence S 03° 18' 23'' E a distance of 815.61ꞌ feet to a point, said point being N 88° 16' 00'' W, 34.00ꞌ feet from “P.R.M.” R-43;

Thence S 05° 43' 59'' E a distance of 971.41ꞌ feet to a point, said point being S 88° 16' 00'' E, 100.00ꞌ feet from “P.R.M.” R-44;

Thence S 04° 51' 16'' E a distance of 921.94ꞌ feet to a point, said point being N 88° 16' 00'' W, 12.00ꞌ feet from “P.R.M.” R-45;

Thence S 04° 59' 41'' E a distance of 968.72ꞌ feet to a point, said point being N 86° 44' 00'' E, 7.00ꞌ feet from “P.R.M.” R-46;

Thence S 06° 16' 54'' E a distance of 990.18ꞌ feet to a point, said point being S 86° 44' 00'' W, 25.00ꞌ feet from “P.R.M.” R-47;

Thence S 05° 39' 54'' E a distance of 1,031.13ꞌ feet to a point, said point being S 81° 44' 00'' W, 40.00ꞌ feet from “P.R.M.” R-48;

Thence S 05° 05' 29'' E a distance of 920.49ꞌ feet to a point, said point being N 88° 16' 00'' W, 25.00ꞌ feet from “P.R.M.” R-49;

Thence S 04° 41' 39'' E a distance of 926.39ꞌ feet to a point, said point being S 84° 44' 00'' W, 29.00ꞌ feet from “P.R.M.” R-50;

Thence S 04° 26' 53'' E a distance of 942.22ꞌ feet to a point, said point being S 86° 44' 00'' W, 28.00ꞌ feet from “P.R.M.” R-51;

Thence S 04° 52' 59'' E a distance of 1,057.16ꞌ feet to a point, said point being S 86° 44' 00'' W, 33.00ꞌ feet from “P.R.M.” R-52;

Thence S 02° 48' 47'' E a distance of 934.64ꞌ feet to a point, said point being S 86° 44' 00'' W, 55.00ꞌ feet from “P.R.M.” R-53;

Thence S 06° 37' 34'' E a distance of 915.07ꞌ feet to a point, said point being S 86° 44' 00'' W, 16.00ꞌ feet from “P.R.M.” R-54;

Thence S 06° 28' 47'' E a distance of 918.80ꞌ feet to a point, said point being S 86° 44' 00'' W, 51.00ꞌ feet from “P.R.M.” R-55;

Thence S 06° 42' 58'' E a distance of 945.78ꞌ feet to a point, said point being S 81° 44' 00'' W, 56.00ꞌ feet from “P.R.M.” R-56;

Thence S 09° 22' 42'' E a distance of 892.96ꞌ feet to a point, said point being S 81° 44' 00'' W, 33.00ꞌ feet from “P.R.M.” R-57;

Thence S 07° 41' 46'' E a distance of 992.51ꞌ feet to a point, said point being S 86° 44' 00'' W, 33.00ꞌ feet from “P.R.M.” R-58;

Thence S 08° 23' 18'' E a distance of 938.49ꞌ feet to a point, said point being N 86° 44' 00'' E, 89.00ꞌ feet from “P.R.M.” R-59;

Thence S 08° 27' 43'' E a distance of 909.44ꞌ feet to a point, said point being S 81° 44' 00'' W, 47.00ꞌ feet from “P.R.M.” R-60;

Thence S 08° 11' 52'' E a distance of 1,079.11ꞌ feet to a point, said point being S 81° 44' 00'' W, 29.00ꞌ feet from “P.R.M.” R-61;

Thence S 08° 32' 21'' E a distance of 892.22ꞌ feet to a point, said point being S 81° 44' 00'' W, 27.00ꞌ feet from “P.R.M.” R-62;

Thence S 08° 20' 08'' E a distance of 994.62ꞌ feet to a point, said point being S 81° 44' 00'' W, 39.00ꞌ feet from “P.R.M.” R-63;

Thence S 08° 34' 35'' E a distance of 895.37ꞌ feet to a point, said point being S 81° 44' 00'' W, 25.00ꞌ feet from “P.R.M.” R-64;

Thence S 09° 29' 22'' E a distance of 981.70ꞌ feet to a point, said point being S 81° 44' 00'' W, 46.00ꞌ feet from “P.R.M.” R-65;

Thence S 09° 29' 53'' E a distance of 991.65ꞌ feet to a point, said point being N 81° 44' 00'' E, 149.00ꞌ feet from “P.R.M.” R-66;

Thence S 09° 32' 23'' E a distance of 976.50ꞌ feet to a point, said point being S 76° 44' 00'' W, 39.00ꞌ feet from “P.R.M.” R-67;

Thence S 09° 37' 35'' E a distance of 970.22ꞌ feet to a point, said point being S 81° 44' 00'' W, 21.00ꞌ feet from “P.R.M.” R-68;

Thence S 09° 41' 54'' E a distance of 1,046.25ꞌ feet to a point, said point being S 81° 44' 00'' W, 27.00ꞌ feet from “P.R.M.” R-69;

Thence S 09° 51' 24'' E a distance of 1,025.03ꞌ feet to a point, said point being S 81° 44' 00'' W, 48.00ꞌ feet from “P.R.M.” R-70;

Thence S 11° 06' 59'' E a distance of 970.51ꞌ feet to a point, said point being N 81° 44' 00'' E, 166.00ꞌ feet from “P.R.M.” R-71;

Thence S 11° 05' 37'' E a distance of 925.26ꞌ feet to a point, said point being S 81° 44' 00'' W, 48.00ꞌ feet from “P.R.M.” R-72;

Thence S 11° 36' 51'' E a distance of 1,011.65ꞌ feet to a point, said point being N 81° 44' 00'' E, 29.00ꞌ feet from “P.R.M.” R-73;

Thence S 12° 08' 23'' E a distance of 894.90ꞌ feet to a point, said point being S 76° 44' 00'' W, 12.00ꞌ feet from “P.R.M.” R-74;

Thence S 11° 01' 22'' E a distance of 999.63ꞌ feet to a point, said point being S 81° 44' 00'' W, 35.00ꞌ feet from “P.R.M.” R-75;

Thence S 10° 59' 33'' E a distance of 1,029.34ꞌ feet to a point, said point being S 76° 44' 00'' W, 48.00ꞌ feet from “P.R.M.” R-76;

Thence S 10° 45' 09'' E a distance of 924.87ꞌ feet to a point, said point being N 86° 44' 00'' E, 26.00ꞌ feet from “P.R.M.” R-77;

Thence S 09° 37' 24'' E a distance of 867.62ꞌ feet to a point, said point being S 86° 44' 00'' W, 48.00ꞌ feet from “P.R.M.” R-78;

Thence S 11° 03' 28'' E a distance of 1,018.31ꞌ feet to a point, said point being S 81° 44' 00'' W, 24.00ꞌ feet from “P.R.M.” R-79;

Thence S 11° 02' 57'' E a distance of 1,142.94ꞌ feet to a point, said point being S 76° 44' 00'' W, 48.00ꞌ feet from “P.R.M.” R-80; said point being the southerly terminus of said Coastal Construction Setback line, said point also being St. Johns Co. “P.R.M.” R-1 at the approximate location of the Duval County, St. Johns County line.

DUVAL COUNTY COASTAL SETBACK MONUMENTS COORDINATE LIST

STATION

NORTHING

EASTING

R-1

2,235,650.747

368,670.225

R-2

2,235,419.850

369,579.703

R-3

2,234,809.164

370,025.891

R-4

2,233,931.062

370,358.741

R-5

2,232,877.781

370,630.498

R-6

2,232,029.664

370,568.005

R-7

2,231,057.435

370,496.420

R-8

2,230,086.090

370,245.049

R-9

2,229.070.286

370,067.753

R-10

2,228,049.263

370,048.443

R-11

2,227,028.210

369,866.635

R-12

2,225,946.086

369,887.139

R-13

2,224,898.626

370,067.901

R-14

2,223,939.991

370,054.144

R-15

2,223,039.898

370,085.627

R-16

2,221,911.409

370,254.953

R-17

2,221,036.334

370,245.270

R-18

2,220,073.454

370,432.201

R-19

2,219,199.660

370,510.572

R-20

2,218,265.284

370,770.097

R-21

2,217,225.669

370,670.056

R-22

2,216,404.953

371,134.401

R-23

2,215,492.687

371,568.836

R-24

2,214,739.568

371,580.588

R-25

2,214,121.825

370,784.977

R-26

2,211,125.155

370,999.029

R-27

2,210,141.352

371,461.406

R-28

2,209,393.310

372,108.142

R-29

2,208,003.511

372,379.773

R-30

2,207,045.384

372,520.615

R-31

2,198,797.579

374,541.314

R-32

2,197,715.600

374,362.169

R-33

2,196,873.049

374,364.289

R-34

2,195,918.268

374,298.913

R-35

2,194,844.007

374,291.869

R-36

2,193,929.149

374,281.397

R-37

2,193,169.450

374,257.102

R-38

2,191,908.708

374,265.859

R-39

2,191,058.360

374,284.727

R-40

2,190,083.658

374,265.817

R-41

2,189,197.575

374,368.804

R-42

2,188,152.625

374,458.220

R-43

2,187,337.857

374,522.254

R-44

2,186,375.856

374,485.256

R-45

2,185,453.340

374,675.323

R-46

2,184,488.260

374,740.678

R-47

2,183,505.847

374,880.968

R-48

2,182,484.075

374,997.380

R-49

2,181,560.708

375,064.474

R-50

2,180,640.844

375,144.175

R-51

2,179,700.398

375,216.327

R-52

2,178,647.364

375,311.309

R-53

2,177,715.098

375,379.145

R-54

2,176,803.920

375,445.797

R-55

2,175,892.978

375,584.481

R-56

2,174,958.837

375,699.543

R-57

2,174,074.507

375,822.294

R-58

2,173,088.070

375,955.500

R-59

2,172,152.663

375,970.609

R-60

2,171,264.952

376,289.800

R-61

2,170,194.280

376,375.857

R-62

2,169,311.664

376,506.359

R-63

2,168,329.276

376,662.427

R-64

2,167,411.903

376,782.099

R-65

2,166,476.652

376,964.780

R-66

2,165,470.560

376,935.393

R-67

2,164,537.938

377.282.640

R-68

2,163,575.450

377,427.705

R-69

2,162,545.018

377,609.895

R-70

2,161,538.134

377,806.144

R-71

2,160,555.065

377,781.484

R-72

2,159,677.863

378,171.291

R-73

2,158,675.855

378,298.757

R-74

2,157,807.886

378,527.332

R-75

2,156,828.979

378,741.415

R-76

2,155,824.503

378,949.774

R-77

2,154,903.371

379,049.650

R-78

2,154,052.174

379,268.570

R-79

2,153,053.482

379,439.709

R-80

2,151,939.292

379,681.726

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 2-24-76, Formerly 16B-26.04, Amended 8-12-92, Formerly 16B-26.004, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.005 Description of the Nassau County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Nassau County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule amendment shall take effect 20 days after filing with the Florida Department of State or on the date that it is duly recorded in the public records in the office of the Clerk of the Circuit Court, in and for Nassau County, Florida, together with each affected municipality, whichever is later.

(3) After this rule amendment becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE NASSAU COUNTY, FLORIDA

Description of the coastal construction control line is established in compliance with Section 161.053, F.S., said control line lying along the Atlantic Coast from the mean high water line of the southern bank of Cumberland Sound southerly to the mean high water line of the northern bank of Nassau Sound.

Said coastal construction control line is related to a series of “Permanent Reference Monuments” (P.R.M.) designated and hereinafter referred to as “74-81-A01 through 74-81-A29” for monuments established by the Department of Environmental Protection, State of Florida or referred to by station name for monuments established by the National Geodetic Survey (N.G.S.) or by the U.S. Corps of Engineers (U.S.C.E.).

Commence at P.R.M. 74-81-A02; Thence S 62 deg. 59 min. 38 sec. E a distance of 901.314ꞌ feet to the point of beginning; Thence N 10 deg. 00 min. 00 sec. E. to the point of intersection with the mean high water line of the southern bank of Cumberland Sound; said point being the northerly terminus of the coastal construction control line in Nassau County; Thence return along the same course to the point of beginning.

Thence S 73 deg. 48 min. 45 sec. E a distance of 1,000.42ꞌ feet to a point; Thence S 73 deg. 36 min. 17 sec. E a distance of 903.20ꞌ feet to a point; Thence N 85 deg. 48 min. 53 sec. E a distance of 1,067.21ꞌ feet to a point; Thence N 80 deg. 42 min. 29 sec. E a distance of 969.22ꞌ feet to a point, said point being S 66 deg. 57 min. 20 sec. E a distance of 452.293ꞌ feet from P.R.M. 74-81-A03.

Thence S 87 deg. 06 min. 54 sec. E a distance of 835.05ꞌ feet to a point; Thence S 66 deg. 25 min. 28 sec. E a distance of 853.90ꞌ feet to a point; Thence S 42 deg. 50 min. 33 sec. E a distance of 823.26ꞌ feet to a point; Thence S 64 deg. 20 min. 04 sec. E a distance of 1,294.83ꞌ feet to a point, said point being S 62 deg. 39 min. 02 sec. E a distance of 451.992ꞌ feet from P.R.M. 74-81-A04.

Thence S 43 deg. 24 min. 55 sec. E a distance of 268.45ꞌ feet to a point; Thence S 10 deg. 31 min. 35 sec. W a distance of 1,021.74ꞌ feet to a point; Thence S 10 deg. 36 min. 24 sec. W a distance of 930.85ꞌ feet to a point; Thence S 02 deg. 49 min. 08 sec. W a distance of 1,148.90ꞌ feet to a point, said point being S 77 deg. 40 min. 40 sec. E a distance of 533.381ꞌ feet from P.R.M. 74-81-A06.

Thence S 06 deg. 00 min. 55 sec. W a distance of 949.95ꞌ feet to a point; Thence S 01 deg. 18 min. 47 sec. W a distance of 1,055.03ꞌ feet to a point, said point being N 03 deg. 12 min. 50 sec. W a distance of 404.207ꞌ feet from P.R.M. 74-81-A07.

Thence S 01 deg. 18 min. 44 sec. E a distance of 1,095.40ꞌ feet to a point; Thence S 05 deg. 58 min. 43 sec. W a distance of 891.18ꞌ feet to a point; Thence S 05 deg. 52 min. 56 sec. W a distance of 981.15ꞌ feet to a point, said point being N 13 deg. 59 min. 25 sec. E a distance of 328.512ꞌ feet from P.R.M. 74-81-A08.

Thence S 07 deg. 17 min. 59 sec. W a distance of 807.06ꞌ feet to a point; Thence S 07 deg. 14 min. 19 sec. W a distance of 967.15ꞌ feet to a point; Thence S 06 deg. 53 min. 03 sec. W a distance of 887.69ꞌ feet to a point, said point being N 79 deg. 06 min. 40 sec. E a distance of 92.486ꞌ feet from P.R.M. 74-81-A09.

Thence S 08 deg. 14 min. 08 sec. W a distance of 1,050.73ꞌ feet to a point; Thence S 08 deg. 20 min. 49 sec. W a distance of 1,034.41ꞌ feet to a point, said point being S 06 deg. 36 min. 55 sec. E a distance of 406.092ꞌ feet from P.R.M. 74-81-A10.

Thence S 08 deg. 21 min. 35 sec. W a distance of 843.68ꞌ feet to a point; Thence S 06 deg. 18 min. 18 sec. W a distance of 948.13ꞌ feet to a point, said point being S 22 deg. 43 min. 27 sec. W a distance of 296.392ꞌ feet from P.R.M. 74-81-A11.

Thence S 09 deg. 18 min. 10 sec. W a distance of 906.75ꞌ feet to a point; Thence S 09 deg. 52 min. 34 sec. W a distance of 854.58ꞌ feet to a point, said point being N 02 deg. 04 min. 03 sec. E a distance of 447.708ꞌ feet from P.R.M. 74-81-A12.

Thence S 09 deg. 55 min. 07 sec. W a distance of 1,100.59ꞌ feet to a point; Thence S 10 deg. 23 min. 03 sec. W a distance of 972.59ꞌ feet to a point; Thence S 09 deg. 27 min. 20 sec. W a distance of 1,018.24ꞌ feet to a point, said point being N 11 deg. 45 min. 14 sec. E a distance of 367.116ꞌ feet from P.R.M. 74-81-A13.

Thence S 09 deg. 46 min. 56 sec. W a distance of 975.04ꞌ feet to a point; Thence S 10 deg. 22 min. 05 sec. W a distance of 896.35ꞌ feet to a point; Thence S 10 deg. 13 min. 37 sec. W a distance of 1068.69ꞌ feet to a point; Thence S 10 deg. 11 min. 39 sec. W a distance of 998.71ꞌ feet to a point, said point being S 04 deg. 51 min. 53 sec. E a distance of 481.970ꞌ feet from P.R.M. 74-81-A14.

Thence S 10 deg. 17 min. 31 sec. W a distance of 1,014.66ꞌ feet to a point; Thence S 11 deg. 23 min. 07 sec. W a distance of 879.95ꞌ feet to a point; Thence S 09 deg. 22 min. 39 sec. W a distance of 955.22ꞌ feet to a point; Thence S 07 deg. 58 min. 02 sec. W a distance of 1,042.15ꞌ feet to a point, said point being N 80 deg. 47 min. 19 sec. E a distance of 170.510ꞌ feet from P.R.M. 74-81-A15.

Thence S 08 deg. 34 min. 17 sec. W a distance of 1,068.58ꞌ feet to a point; Thence S 10 deg. 49 min. 49 sec. W a distance of 969.93ꞌ feet to a point; Thence S 11 deg. 08 min. 14 sec. W a distance of 793.01ꞌ feet to a point, said point being S 25 deg. 24 min. 49 sec. E a distance of 319.300ꞌ feet from P.R.M. 74-81-A16.

Thence S 09 deg. 03 min. 02 sec. W a distance of 1,167.69ꞌ feet to a point; Thence S 05 deg. 48 min. 15 sec. W a distance of 888.37ꞌ feet to a point, said point being N 80 deg. 30 min. 30 sec. E a distance of 135.812ꞌ feet from P.R.M. 74-81-A17.

Thence S 07 deg. 13 min. 36 sec. W a distance of 815.99ꞌ feet to a point; Thence S 07 deg. 55 min. 38 sec. W a distance of 981.07ꞌ feet to a point; Thence S 08 deg. 07 min. 17 sec. W a distance of 1021.13ꞌ feet to a point; Thence S 06 deg. 06 min. 18 sec. W a distance of 993.57ꞌ feet to a point, said point being N 40 deg. 18 min. 22 sec. E a distance of 436.772ꞌ feet from P.R.M. 74-81-A18.

Thence S 04 deg. 41 min. 10 sec. W a distance of 922.90ꞌ feet to a point; Thence S 03 deg. 41 min. 34 sec. W a distance of 1,026.94ꞌ feet to a point; Thence S 02 deg. 35 min. 37 sec. W a distance of 886.47ꞌ feet to a point; Thence S 01 deg. 58 min. 12 sec. W a distance of 948.20ꞌ feet to a point; Thence S 01 deg. 54 min. 20 sec. W a distance of 1025.77ꞌ feet to a point, said point being S 85 deg. 13 min. 17 sec. E a distance of 95.000ꞌ feet from P.R.M. 74-81-A19.

Thence S 02 deg. 37 min. 28 sec. W a distance of 834.02ꞌ feet to a point; Thence S 02 deg. 05 min. 23 sec. W a distance of 901.65ꞌ feet to a point; Thence S 00 deg. 57 min. 45 sec. W a distance of 941.73ꞌ feet to a point; Thence S 02 deg. 49 min. 25 sec. W a distance of 1,175.39ꞌ feet to a point, said point being S 80 deg. 19 min. 01 sec. E a distance of 144.937ꞌ feet from P.R.M. 74-81-A20.

Thence S 00 deg. 07 min. 55 sec. E a distance of 1,012.78ꞌ feet to a point; Thence S 01 deg. 06 min. 52 sec. E a distance of 980.45ꞌ feet to a point; Thence S 02 deg. 42 min. 39 sec. E a distance of 962.08ꞌ feet to a point; Thence S 03 deg. 51 min. 36 sec. E a distance of 1,023.38ꞌ feet to a point, said point being S 10 deg. 35 min. 56 sec. W a distance of 181.740ꞌ feet from P.R.M. 74-81-A21.

Thence S 03 deg. 14 min. 39 sec. E a distance of 941.54ꞌ feet to a point; Thence S 03 deg. 29 min. 07 sec. E a distance of 1,027.09ꞌ feet to a point; Thence S 03 deg. 56 min. 45 sec. E a distance of 953.01ꞌ feet to a point; Thence S 05 deg. 13 min. 26 sec. E a distance of 948.28ꞌ feet to a point, said point being S 26 deg. 27 min. 21 sec. W a distance of 192.372ꞌ feet from P.R.M. 74-81-A22.

Thence S 06 deg. 36 min. 31 sec. E a distance of 938.87ꞌ feet to a point; Thence S 08 deg. 27 min. 03 sec. E a distance of 911.37ꞌ feet to a point; Thence S 08 deg. 58 min. 38 sec. E a distance of 935.68ꞌ feet to a point; Thence S 08 deg. 45 min. 27 sec. E a distance of 978.96ꞌ feet to point; Thence S 09 deg. 32 min. 09 sec. E a distance of 1038.84ꞌ feet to a point, said point being N 67 deg. 43 min. 44 sec. W a distance of 98.712ꞌ feet from P.R.M. 74-81-A23.

Thence S 10 deg. 59 min. 36 sec. E a distance of 972.92ꞌ feet to a point; Thence S 11 deg. 00 min. 37 sec. E a distance of 1,030.15ꞌ feet to a point; Thence S 13 deg. 02 min. 19 sec. E a distance of 889.30ꞌ feet to a point, said point being N 45 deg. 12 min. 02 sec. W a distance of 234.871ꞌ feet from P.R.M. 74-81-A24.

Thence S 12 deg 48 min. 27 sec. E a distance of 993.02ꞌ feet to a point; Thence S 15 deg. 08 min. 15 sec. E a distance of 1,044.80ꞌ feet to a point; Thence S 14 deg. 56 min. 45 sec. E a distance of 942.18ꞌ feet to a point; Thence S 12 deg. 01 min. 36 sec. E a distance of 735.68ꞌ feet to a point; Thence S 09 deg. 00 min. 11 sec. W a distance of 1045.09ꞌ feet to a point, said point being S 60 deg. 02 min. 58 sec. W a distance of 411.935ꞌ feet from P.R.M. 74-81-A26.

Thence S 19 deg 42 min. 54 sec. W a distance of 929.52ꞌ feet to a point; Thence S 27 deg. 16 min. 56 sec. W a distance of 955.63ꞌ feet to a point, said point being N 33 deg. 00 min. 38 sec. W a distance of 377.248ꞌ feet P.R.M. 74-81-A27.

Thence S 27 deg. 16 min. 56 sec. W to the point of intersection with the mean high water line of the northern bank of Nassau Sound; said point being the southerly terminus of the coastal construction control line in Nassau County.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 4-15-76, Amended 4-6-83, Formerly 16B-26.05, 16B-26.005, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.006 Description of the Charlotte County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Charlotte County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect 20 days after filing with the Florida Department of State or on the date that it is duly recorded in the public records in the office of the Clerk of the Circuit Court, in and for Charlotte County, Florida, together with each affected municipality, whichever is later.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE CHARLOTTE COUNTY, FLORIDA

Description of the coastal construction control line is established in compliance with Section 161.053, F.S., said control line lying along the Gulf of Mexico coast from the Sarasota County and Charlotte County line southeasterly to the Charlotte County and Lee County Line.

Said coastal construction control line is related to a series of “Permanent Reference Monuments” (P.R.M.) designated and hereinafter referred to as “01-82-A01 through 01-82-A28” and “12-81-A01 through 12-81-A08” for monuments established by the Department of Environmental Protection, State of Florida, or referenced to by station name for monuments established by the National Geodetic Survey (N.G.S.).

Commence at P.R.M. 01-82-A01, thence S 18 deg. 09 min. 56 sec. W (all bearings in this description are grid) a distance of 244.714ꞌ feet to the point of beginning; Thence N 27 deg. 16 min. 46 sec. W to the point of intersection with the Charlotte and Sarasota County line; Said point being the northwesterly terminus of the coastal construction control line for Charlotte County; Thence S 27 deg. 16 min. 46 sec. E to the point of beginning.

Thence S 27 deg. 16 min. 46 sec. E a distance of 579.02ꞌ feet to a point; Thence S 24 deg. 22 min. 33 sec. E a distance of 996.28ꞌ feet to a point; Thence S 27 deg. 55 min. 23 sec. E a distance of 1042.87ꞌ feet to a point; Thence S 27 deg. 41 min. 06 sec. E a distance of 986.50ꞌ feet to a point; Thence S 27 deg. 58 min. 21 sec. E a distance of 210.00ꞌ feet to a point; Said point being S 84 deg. 36 min. 26 sec. W a distance of 85.591ꞌ feet from P.R.M. 01-82-A02.

Thence S 27 deg. 58 min. 21 sec. E a distance of 778.97ꞌ feet to a point; Thence S 27 deg. 50 min. 18 sec. E a distance of 918.14ꞌ feet to a point; Thence S 29 deg. 12 min. 42 sec. E a distance of 900.16ꞌ feet to a point; Said point being N 86 deg. 13 min. 30 sec. W a distance of 165.953ꞌ feet from P.R.M. 01-82-A03.

Thence S 29 deg. 04 min. 27 sec. E a distance of 1011.63ꞌ feet to a point; Thence S 33 deg. 18 min. 11 sec. E a distance of 1,118.39ꞌ feet to a point; Said point being N 17 deg. 36 min. 58 sec. W a distance of 197.637ꞌ feet from P.R.M. 01-82-A04.

Thence S 25 deg. 47 min. 49 sec. E a distance of 681.80ꞌ feet to a point; Thence S 44 deg. 49 min. 51 sec. W a distance of 177.13ꞌ feet to a point; Said point being N 58 deg. 07 min. 31 sec. E a distance of 101.492ꞌ feet from P.R.M. 01-82-A05.

Thence S 27 deg. 50 min. 07 sec. E a distance of 237.06ꞌ feet to a point; Thence N 61 deg. 07 min. 47 sec. E a distance of 179.43ꞌ feet to a point; Thence S 29 deg. 12 min. 17 sec. E a distance of 106.28ꞌ feet to a point; Thence S 25 deg. 06 min. 34 sec. E a distance of 385.00ꞌ feet to a point; Said point being S 61 deg. 38 min. 19 sec. W a distance of 34.869ꞌ feet from P.R.M. 01-82-A06.

Thence S 25 deg. 06 min. 34 sec. E a distance of 586.14ꞌ feet to a point; Thence S 27 deg. 52 min. 01 sec. E a distance of 1023.15ꞌ feet to a point; Thence S 28 deg. 34 min. 04 sec. E a distance of 400.00ꞌ feet to a point; Said point being S 60 deg. 45 min. 01 sec. W a distance of 128.467ꞌ feet from P.R.M. 01-82-A07.

Thence S 28 deg. 34 min. 04 sec. E a distance of 679.99ꞌ feet to a point; Thence S 32 deg. 09 min. 26 sec. E a distance of 500.00ꞌ feet to a point; Said point being S 55 deg. 19 min. 34 sec. W a distance of 87.651ꞌ feet from P.R.M. 01-82-A08.

Thence S 32 deg. 09 min. 26 sec. E a distance of 482.77ꞌ feet to a point; Thence S 18 deg. 07 min. 32 sec. E a distance of 188.74ꞌ feet to a point; Thence S 14 deg. 06 min. 32 sec. W a distance of 195.90ꞌ feet to a point; Said point being N 26 deg. 23 min. 28 sec. E a distance of 126.003ꞌ feet from P.R.M. 01-82-A09.

Thence S 36 deg. 40 min. 09 sec. E a distance of 393.51ꞌ feet to a point; Thence S 20 deg. 39 min. 22 sec. E a distance of 251.36ꞌ feet to a point; Thence S 30 deg. 36 min. 47 sec. E a distance of 997.67ꞌ feet to a point; Said point being N 47 deg. 10 min. 30 sec. E a distance of 109.281ꞌ feet from P.R.M. 01-82-A10.

Thence S 37 deg. 35 min. 44 sec. E a distance of 1,001.42ꞌ feet to a point; Thence S 34 deg. 21 min. 12 sec. E a distance of 970.80ꞌ feet to a point; Thence S 46 deg. 00 min. 35 sec. E a distance of 920.35ꞌ feet to a point; Said point being S 89 deg. 45 min. 08 sec. E a distance of 577.825ꞌ feet from P.R.M. 01-82-A11.

Thence S 59 deg. 17 min. 53 sec. E a distance of 1,002.22ꞌ feet to a point; Said point being N 51 deg. 40 min. 18 sec. E a distance of 774.459ꞌ feet from P.R.M. 01-82-A12.

Thence S 18 deg. 20 min. 49 sec. E to the mean high water line on the northwesterly bank of Stump Pass; Thence N 18 deg. 20 min. 49 sec. W to the aforementioned point; Said point being 51 deg. 40 min. 18 sec. E a distance of 774.459ꞌ feet from P.R.M. 01-82-A12.

Recommence at P.R.M. 01-82-A13, thence N 54 deg. 58 min. 33 sec. E a distance of 391.928ꞌ feet to a point on the coastal construction control line; thence N 42 deg. 46 min. 20 sec. W to the mean high water line on the southeasterly bank of Stump Pass; Thence S 42 deg. 46 min. 20 sec. E to the aforementioned point; said point being N 54 deg. 58 min. 33 sec. E a distance of 391.928ꞌ feet from P.R.M. 01-82-A13.

Thence S 28 deg. 20 min. 01 sec. E a distance of 1,030.47ꞌ feet to a point; Thence S 43 deg. 11 min. 38 sec. E a distance of 1,091.70ꞌ feet to a point; Said point being N 25 deg. 16 min. 00 sec. E a distance of 516.646ꞌ feet from P.R.M. 01-82-A14.

Thence S 42 deg. 46 min. 52 sec. E a distance of 1,001.95ꞌ feet to a point; Thence S 43 deg. 59 min. 40 sec. E a distance of 921.40ꞌ feet to a point; Thence S 34 deg. 50 min. 42 sec. E a distance of 1,010.54ꞌ feet to a point; Said point being N 10 deg. 07 min. 07 sec. E a distance of 611.608ꞌ feet from P.R.M. 01-82-A15.

Thence S 33 deg. 21 min. 34 sec. E a distance of 1,058.73ꞌ feet to a point; Thence S 32 deg. 17 min. 54 sec. E a distance of 1,046.42ꞌ feet to a point; Said point being N 82 deg. 15 min. 34 sec. E a distance of 365.708ꞌ feet from P.R.M. 01-82-A16.

Thence S 31 deg. 15 min. 19 sec. E a distance of 999.98ꞌ feet to a point; Thence S 31 deg. 44 min. 38 sec. E a distance of 1,051.89ꞌ feet to a point; Thence S 29 deg. 26 min. 46 sec. E a distance of 883.97ꞌ feet to a point; Said point being S 83 deg. 00 min. 57 Sec. E a distance of 157.393ꞌ feet from P.R.M. 01-82-A18.

Thence S 30 deg. 52 min. 32 sec. E a distance of 460.10ꞌ feet to a point; Thence S 47 deg. 55 min. 01 sec. W a distance of 188.55ꞌ feet to a point; Thence S 20 deg. 40 min. 14 sec. E a distance of 94.19ꞌ feet to a point; Thence S 65 deg. 44 min. 54 sec. E a distance of 135.73ꞌ feet to a point; Thence S 07 deg. 09 min. 43 sec. W a distance of 188.97ꞌ feet to a point; Thence S 33 deg. 56 min. 47 sec. E a distance of 73.35ꞌ feet to a point; Thence S 61 deg. 11 min. 53 sec. E a distance of 480.55ꞌ feet to a point; Thence S 31 deg. 03 min. 20 sec. E a distance of 272.58ꞌ feet to a point; Said point being S 38 deg. 38 min. 58 sec. W a distance of 348.276ꞌ feet from P.R.M. 01-82-A20.

Thence S 08 deg. 40 min. 59 sec. E a distance of 283.46ꞌ feet to a point; Thence S 18 deg. 41 min. 08 sec. E a distance of 192.83ꞌ feet to a point; Thence S 32 deg. 19 min. 02 sec. E a distance of 167.87ꞌ feet to a point; Said point being S 79 deg. 24 min. 48 sec. E a distance of 47.435ꞌ feet from P.R.M. 01-82-A21.

Thence S 58 deg. 10 min. 24 sec. E a a distance of 326.16ꞌ feet to a point; Thence S 31 deg. 08 min. 30 sec. E a distance of 357.87ꞌ feet to a point; Thence S 32 deg. 26 min. 15 sec. E a distance of 973.59ꞌ feet to a point; Thence S 33 deg. 47 min. 47 sec. E a distance of 774.42ꞌ feet to a point; Thence S 33 deg. 44 min. 10 sec. E a distance of 942.25ꞌ feet to a point; Thence S 35 deg. 57 min. 56 sec. E a distance of 600.00ꞌ feet to a point; Said point being N 16 deg. 44 min. 20 sec. E a distance of 406.723ꞌ feet from P.R.M. 01-82-A22.

Thence S 35 deg. 57 min. 56 sec. E a distance of 404.98ꞌ feet to a point; Thence S 34 deg. 10 min. 32 sec. E a distance of 964.48ꞌ feet to a point; Thence S 32 deg. 46 min. 51 sec. E a distance of 1089.06ꞌ feet to a point; Thence S 35 deg. 04 min. 18 sec. E a distance of 1008.83ꞌ feet to a point; Said point being N 61 deg. 55 min. 11 sec. E a distance of 337.042ꞌ feet from P.R.M. 01-82-A23.

Thence S 33 deg. 15 min. 44 sec. E a distance of 1,090.26ꞌ feet to a point; Thence S 33 deg. 51 min. 10 sec. E a distance of 1,039.17ꞌ feet to a point; Thence S 29 deg. 27 min. 05 sec. E a distance of 968.00ꞌ feet to a point; Said point being N 04 deg. 27 min. 55 sec. E a distance of 309.045ꞌ feet from P.R.M. 01-82-A24.

Thence S 34 deg. 10 min. 52 sec. E a distance of 384.95ꞌ feet to a point; Thence S 20 deg. 19 min. 23 sec. W a distance of 237.54ꞌ feet to a point; Thence S 26 deg. 59 min. 36 sec. E a distance of 507.97ꞌ feet to a point; Thence N 69 deg. 51 min. 06 sec. E a distance of 279.43ꞌ feet to a point; Thence S 34 deg. 34 min. 39 sec. E a distance of 844.13ꞌ feet to a point; Said point being N 67 deg. 13 min. 23 sec. E a distance of 494.555ꞌ feet from P.R.M. 01-82-A25.

Thence S 30 deg. 55 min. 15 sec. E a distance of 1,041.47ꞌ feet to a point; Thence S 32 deg. 33 min. 46 sec. E a distance of 944.46ꞌ feet to a point; Thence S 36 deg. 12 min. 48 sec. E a distance of 425.00ꞌ feet to a point; Said point being N 53 deg. 36 min. 46 sec. E a distance of 365.872ꞌ feet from P.R.M. 01-82-A26.

Thence S 36 deg. 12 min. 48 sec. E a distance of 770.46ꞌ feet to a point; Thence S 36 deg. 38 min. 22 sec. E a distance of 1,103.56ꞌ feet to a point; Thence S 31 deg. 46 min. 14 sec. E a distance of 920.00ꞌ feet to a point; Said point being N 60 deg. 23 min. 02 sec. E a distance of 138.199 feet from P.R.M. 01-82-A27.

Thence S 31 deg. 46 min. 14 sec. E a distance of 179.38ꞌ feet to a point; Thence S 28 deg. 54 min. 24 sec. E a distance of 1,057.62ꞌ feet to a point; Thence S 28 deg. 04 min. 04 sec. E a distance of 1,032.37 feet to a point; Thence S 32 deg. 45 min. 36 sec. E a distance of 380.00ꞌ feet to a point; Said point being N 57 deg. 56 min. 32 sec. E a distance of 313.857ꞌ feet from P.R.M. 01-82-A28.

Thence S 32 deg. 45 min. 36 sec. E a distance of 603.81ꞌ feet to a point; Thence S 31 deg. 40 min. 17 sec. E a distance of 110.40ꞌ feet to a point; Thence S 13 deg. 27 min. 50 sec. E a distance of 173.39ꞌ feet to a point; Thence S 48 deg. 27 min. 30 sec. E a distance of 216.47ꞌ feet to a point; Thence S 32 deg. 39 min. 44 sec. E to the mean high water line on the northwesterly bank of Gasparilla Pass; Thence N 32 deg. 39 min. 44 sec. W to the aforementioned point;

Thence N 48 deg. 27 min. 30 sec. W a distance of 216.47ꞌ feet to a point; Thence N 13 deg. 27 min. 50 sec. W a distance of 173.39ꞌ feet to a point; Thence N 31 deg. 40 min. 17 sec. W a distance of 110.40ꞌ feet to a point; Thence N 32 deg. 45 min. 36 sec. W a distance of 603.81ꞌ feet to a point; Said point being N 57 deg. 56 min. 32 sec. E a distance of 313.857ꞌ feet from P.R.M. 01-82-A28.

Recommence at P.R.M. 12-81-A03, thence N 65 deg. 51 min. 26 sec. W a distance of 1524.386ꞌ feet to a point on the coastal construction control line; Thence N 68 deg. 23 min. 11 sec. E to the mean high water line on the southwesterly bank of Gasparilla Pass; Thence S 68 deg. 23 min. 11 sec. W to the aforementioned point; Said point being N 65 deg. 51 min. 26 sec. W a distance of 1524.386ꞌ feet from P.R.M. 12-81-A03.

Thence S 68 deg. 23 min. 11 sec. W a distance of 519.42ꞌ feet to a point; Thence S 34 deg. 22 min. 09 sec. W a distance of 471.68ꞌ feet to a point; Thence S 07 deg. 21 min. 28 sec. E a distance of 1,010.23ꞌ feet to a point; Thence S 33 deg. 21 min. 08 sec. E a distance of 1,069.06ꞌ feet to a point; Thence S 36 deg. 38 min. 57 sec. E a distance of 880.69ꞌ feet to a point; Said point being S 43 deg. 26 min. 41 sec. W a distance of 978.499ꞌ feet from P.R.M. 12-81-A05.

Thence S 31 deg. 06 min. 37 sec. E a distance of 1,090.22ꞌ feet to a point; Said point being S 32 deg. 56 min. 39 sec. W a distance of 813.187ꞌ feet from P.R.M. 12-81-A06.

Thence S 33 deg. 56 min. 35 sec. E a distance of 1,009.53ꞌ feet to a point; Thence S 33 deg. 58 min. 39 sec. E a distance of 985.22ꞌ feet to a point; Said point being S 80 deg. 50 min. 57 sec. W a distance of 324.244ꞌ feet from P.R.M. 12-81-A07.

Thence S 25 deg. 15 min. 33 sec. E a distance of 1,025.72ꞌ feet to a point; Thence S 25 deg. 38 min. 22 sec. E a distance of 542.95ꞌ feet to a point; Thence S 25 deg. 38 min. 22 sec. E a distance of 100.00ꞌ feet to a point; Said point being N 54 deg. 38 min. 49 sec. W a distance of 449.064ꞌ feet from P.R.M. 12-81-A08.

Thence S 25 deg. 38 min. 22 sec. E to the point of intersection with the Charlotte and Lee County line; Said point being the southeasterly terminus of the coastal construction control line for Charlotte County; Thence N 25 deg. 38 min. 22 sec. W to the aforementioned point; Said point being N 54 deg. 38 min. 49 sec. W a distance of 449.064ꞌ feet from P.R.M. 12-81-A08.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 2-14-77, Amended 4-28-78, 1-29-85, Formerly 16B-26.06, 16B-26.006, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.007 Description of the Lee County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Lee County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule amendment shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Lee County, Florida, together with each affected municipality.

(3) After this rule amendment becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE LEE COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S. SAID CONTROL LINE LYING ALONG THE COAST OF THE GULF OF MEXICO FROM CHARLOTTE-LEE COUNTY LINE SOUTHERLY TO THE LEE-COLLIER COUNTY LINE.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “12-81-A08 THROUGH 12-81-A09,” “12-81-A10-2 1988 THROUGH 12-81-A11-2 1988,” “12-81-A12 THROUGH 12-81-A18,” “12-81-A19-2 1988,” “12-81-A20 THROUGH 12-81-A30,” “12-81-A31-2 1988,” “12-81-A32 THROUGH 12-81-A35,” “12-81-A36-2 1988,” “12-81-A37 THROUGH 12-81-A43,” “12-81-A45,” “12-81-A46-2 1988 THROUGH 12-81-A48-2 1988,” “12-81-A49 THROUGH 12-81-A58-2 1988,” “12-81-A59-2 THROUGH 12-81-A60-2,” “12-81-A61-2 1988,” “12-81-A62 THROUGH 12-81-A65,” “12-81-A66-2 1988,” “12-81-A67 THROUGH 12-81-A68,” “12-81-A70,” “12-81-A69,” “GLASS-1955-1978,” “12-83-A01,” “12-83-A02-2 1988,” “12-83-A03,” “12-83-A04-2,” “12-83-A05,” “12-83-A06-2 1988,” “12-83-A07,” “12-83-A08-2 1988 THROUGH 12-83-A09-2 1988,” “12-83-A10 THROUGH 12-83-A11,” “12-83-A12-2 1988,” “12-83-A13 THROUGH 12-83-A24,” “12-83-A25-2 1988,” “12-88-A25A,” “12-83-A26 THROUGH 12-83-A33,” “12-83-A34-2 1988,” “12-88-A34A,” “12-83-A35-2 1988,” “12-83-A36,” “BOOB-2 1955,” “12-83-A37,” “12-88-A37A,” “12-83-A38-2 1988,” “12-83-A39,” “12-83-A40-2 1988,” “12-83-A41 THROUGH 12-83-A44,” “12-83-A44A,” “12-83-A45 THROUGH 12-83-A49.”

FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.), SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE WEST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON NORTH AMERICAN 1927 DATUM.

THE BEARING BASE FOR THIS DESCRIPTION WAS DETERMINED BY POLARIS OBSERVATIONS MADE AT PERMANENT REFERENCE MONUMENTS (P.R.M.) 12-81-A01, 12-81-A17, 12-81-A29, 12-81-A47, 12-81-A70, 12-83-A22, 12-83-A38, AND NATIONAL GEODETIC SURVEY (N.G.S.) STATION WIGGINS-1934-70.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE LEE COUNTY, FLORIDA

COMMENCE AT “P.R.M.” 12-81-A08; THENCE S 36 DEG. 42 MIN. 25 SEC. W A DISTANCE OF 291.57ꞌ FEET TO THE POINT OF BEGINNING; THENCE N 21 DEG. 58 MIN. 55 SEC. W TO THE POINT OF INTERSECTION WITH THE LEE-CHARLOTTE COUNTY LINE, SAID POINT BEING THE NORTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR LEE COUNTY; THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING. SAID POINT BEING S 36 DEG. 42 MIN. 25 SEC. W A DISTANCE OF 291.57 FEET FROM P.R.M. 12-81-A08.

THENCE S 21 DEG. 58 MIN. 55 SEC. E A DISTANCE OF 1,022.56ꞌ FEET TO A POINT; THENCE S 10 DEG. 39 MIN. 20 SEC. E A DISTANCE OF 991.75ꞌ FEET TO A POINT; THENCE S 14 DEG. 18 MIN. 58 SEC. E A DISTANCE OF 1,008.23ꞌ FEET TO A POINT; SAID POINT BEING N 86 DEG. 52 MIN. 35 SEC. W A DISTANCE OF 623.54ꞌ FEET FROM P.R.M. 12-81-A09.

THENCE S 14 DEG. 25 MIN. 59 SEC. E A DISTANCE OF 1018.10ꞌ FEET TO A POINT; THENCE S 09 DEG. 56 MIN. 53 SEC. E A DISTANCE OF 1044.63ꞌ FEET TO A POINT; THENCE S 06 DEG. 50 MIN. 39 SEC. E A DISTANCE OF 986.01ꞌ FEET TO A POINT; SAID POINT BEING N 45 DEG. 58 MIN. 36 SEC. W A DISTANCE OF 597.32ꞌ FEET FROM P.R.M. 12-81-A10-2 1988.

THENCE S 09 DEG. 36 MIN. 57 SEC. E A DISTANCE OF 1,004.76ꞌ FEET TO A POINT; THENCE S 09 DEG. 26 MIN. 13 SEC. E A DISTANCE OF 1,184.18ꞌ FEET TO A POINT; SAID POINT BEING N 26 DEG. 03 MIN. 00 SEC. W A DISTANCE OF 753.90ꞌ FEET FROM P.R.M. 12-81-A11-2 1988.

THENCE S 03 DEG. 20 MIN. 58 SEC. E A DISTANCE OF 1,289.28ꞌ FEET TO A POINT; THENCE S 09 DEG. 22 MIN. 38 SEC. E A DISTANCE OF 1,523.90ꞌ FEET TO A POINT; THENCE S 06 DEG. 24 MIN. 14 SEC. E A DISTANCE OF 1,193.16ꞌ FEET TO A POINT; SAID POINT BEING S 23 DEG. 57 MIN. 26 SEC. W A DISTANCE OF 393.73ꞌ FEET FROM P.R.M. 12-81-A12.

THENCE S 02 DEG. 56 MIN. 31 SEC. E A DISTANCE OF 1,019.18ꞌ FEET TO A POINT; SAID POINT BEING N 51 DEG. 22 MIN. 17 SEC. W A DISTANCE OF 713.99ꞌ FEET FROM P.R.M. 12-81-A13.

THENCE S 02 DEG. 52 MIN. 57 SEC. E A DISTANCE OF 1,002.59ꞌ FEET TO A POINT; SAID POINT BEING S 24 DEG. 38 MIN. 45 SEC. W A DISTANCE OF 409.65ꞌ FEET FROM P.R.M. 12-81-A14.

THENCE S 00 DEG. 46 MIN. 47 SEC. E A DISTANCE OF 1006.04ꞌ FEET TO A POINT; THENCE S 10 DEG. 35 MIN. 58 SEC. E A DISTANCE OF 1,120.07ꞌ FEET TO A POINT; SAID POINT BEING S 07 DEG. 01 MIN. 58 SEC. E A DISTANCE OF 415.10ꞌ FEET FROM P.R.M. 12-81-A15.

THENCE S 03 DEG. 18 MIN. 43 SEC. W A DISTANCE OF 1,019.74ꞌ FEET TO A POINT; THENCE S 00 DEG. 22 MIN. 07 SEC. W A DISTANCE OF 1,075.30ꞌ FEET TO A POINT; SAID POINT BEING S 05 DEG. 38 MIN. 31 SEC. W A DISTANCE OF 271.42ꞌ FEET FROM P.R.M. 12-81-A16.

THENCE S 01 DEG. 56 MIN. 26 SEC. E A DISTANCE OF 915.98ꞌ FEET TO A POINT; THENCE S 05 DEG. 41 MIN. 27 SEC. E A DISTANCE OF 1,083.91ꞌ FEET TO A POINT; THENCE S 03 DEG. 01 MIN. 58 SEC. E A DISTANCE OF 863.65ꞌ FEET TO A POINT; SAID POINT BEING S 77 DEG. 42 MIN. 34 SEC. W A DISTANCE OF 197.73ꞌ FEET FROM P.R.M. 12-81-A17.

THENCE S 03 DEG. 02 MIN. 05 SEC. E A DISTANCE OF 547.77ꞌ FEET TO A POINT; THENCE S 29 DEG. 33 MIN. 31 SEC. E A DISTANCE OF 617.84ꞌ FEET TO A POINT; SAID POINT BEING N 36 DEG. 50 MIN. 36 SEC. E A DISTANCE OF 290.10ꞌ FEET FROM P.R.M. 12-81-A18.

THENCE S 11 DEG. 59 MIN. 40 SEC. W A DISTANCE OF 861.52ꞌ FEET TO A POINT; THENCE S 08 DEG. 54 MIN. 43 SEC. W A DISTANCE OF 973.10ꞌ FEET TO A POINT; SAID POINT BEING S 10 DEG. 24 MIN. 14 SEC. E A DISTANCE OF 395.36ꞌ FEET FROM P.R.M. 12-81-A19-2 1988.

THENCE S 03 DEG. 47 MIN. 28 SEC. W A DISTANCE OF 990.67ꞌ FEET TO A POINT; THENCE S 47 DEG. 38 MIN. 19 SEC. E A DISTANCE OF 223.49ꞌ FEET TO A POINT; THENCE S 48 DEG. 11 MIN. 09 SEC. E A DISTANCE OF 503.76ꞌ FEET TO A POINT; SAID POINT BEING S 68 DEG. 59 MIN. 17 SEC. E A DISTANCE OF 545.47ꞌ FEET FROM P.R.M. 12-81-A20.

THENCE S 48 DEG. 05 MIN. 09 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF CHARLOTTE HARBOR; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 68 DEG. 59 MIN. 17 SEC. E A DISTANCE OF 545.47ꞌ FEET FROM P.R.M. 12-81-A20.

RECOMMENCE AT “P.R.M.” 12-81-A21; THENCE N 60 DEG. 43 MIN. 39 SEC. E A DISTANCE OF 485.45ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 16 DEG. 30 MIN. 31 SEC. E A DISTANCE OF 1105.35ꞌ FEET TO A POINT; THENCE N 21 DEG. 33 MIN. 12 SEC. E A DISTANCE OF 285.18ꞌ FEET TO A POINT; THENCE N 43 DEG. 13 MIN. 06 SEC. E A DISTANCE OF 1,005.30ꞌ FEET TO A POINT; THENCE N 43 DEG. 13 MIN. 06 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERLY SHORE OF LA COSTA ISLAND; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING N 60 DEG. 43 MIN. 39 SEC. E A DISTANCE OF 485.45ꞌ FEET FROM P.R.M. 12-81-A21.

THENCE S 02 DEG. 09 MIN. 22 SEC. E A DISTANCE OF 909.52ꞌ FEET TO A POINT; THENCE S 06 DEG. 44 MIN. 36 SEC. E A DISTANCE OF 653.92ꞌ FEET TO A POINT; SAID POINT BEING N 53 DEG. 36 MIN. 49 SEC. E A DISTANCE OF 561.91ꞌ FEET FROM P.R.M. 12-81-A22.

THENCE S 03 DEG. 59 MIN. 00 SEC. W A DISTANCE OF 1,265.23ꞌ FEET TO A POINT; THENCE S 04 DEG. 34 MIN. 53 SEC. W A DISTANCE OF 908.32ꞌ FEET TO A POINT; SAID POINT BEING S 19 DEG. 12 MIN. 18 SEC. E A DISTANCE OF 478.71ꞌ FEET FROM P.R.M. 12-81-A23.

THENCE S 09 DEG. 58 MIN. 15 SEC. W A DISTANCE OF 1073.13ꞌ FEET TO A POINT; SAID POINT BEING N 02 DEG. 04 MIN. 34 SEC. E A DISTANCE OF 325.11ꞌ FEET FROM P.R.M. 12-81-A24.

THENCE S 28 DEG. 29 MIN. 54 SEC. W A DISTANCE OF 797.24ꞌ FEET TO A POINT; THENCE S 20 DEG. 51 MIN. 41 SEC. E A DISTANCE OF 743.73ꞌ FEET TO A POINT; THENCE S 20 DEG. 25 MIN. 27 SEC. E A DISTANCE OF 954.46ꞌ FEET TO A POINT; SAID POINT BEING S 48 DEG. 52 MIN. 59 SEC. E A DISTANCE OF 488.10ꞌ FEET FROM P.R.M. 12-81-A25.

THENCE S 09 DEG. 13 MIN. 00 SEC. E A DISTANCE OF 1,135.13ꞌ FEET TO A POINT; THENCE S 29 DEG. 15 MIN. 17 SEC. E A DISTANCE OF 743.95ꞌ FEET TO A POINT; SAID POINT BEING N 15 DEG. 47 MIN. 33 SEC. W A DISTANCE OF 132.33ꞌ FEET FROM P.R.M. 12-81-A26.

THENCE S 26 DEG. 17 MIN. 37 SEC. E A DISTANCE OF 936.38ꞌ FEET TO A POINT; THENCE S 21 DEG. 31 MIN. 12 SEC. E A DISTANCE OF 758.51ꞌ FEET TO A POINT; SAID POINT BEING N 11 DEG. 56 MIN. 08 SEC. W A DISTANCE OF 188.53ꞌ FEET FROM P.R.M. 12-81-A27.

THENCE S 40 DEG. 39 MIN. 55 SEC. E A DISTANCE OF 1,150.81ꞌ FEET TO A POINT; THENCE S 22 DEG. 00 MIN. 10 SEC. E A DISTANCE OF 1,305.24ꞌ FEET TO A POINT; SAID POINT BEING N 87 DEG. 56 MIN. 15 SEC. E A DISTANCE OF 401.12ꞌ FEET FROM P.R.M. 12-81-A28.

THENCE S 16 DEG. 00 MIN. 19 SEC. E A DISTANCE OF 956.27ꞌ FEET TO A POINT; SAID POINT BEING N 32 DEG. 09 MIN. 50 SEC. E A DISTANCE OF 595.36ꞌ FEET FROM P.R.M. 12-81-A29.

THENCE S 15 DEG. 23 MIN. 56 SEC. E A DISTANCE OF 1048.88ꞌ FEET TO A POINT; SAID POINT BEING N 45 DEG. 53 MIN. 43 SEC. E A DISTANCE OF 606.71ꞌ FEET FROM P.R.M. 12-81-A30.

THENCE S 17 DEG. 32 MIN. 02 SEC. E A DISTANCE OF 811.01ꞌ FEET TO A POINT; THENCE S 38 DEG. 26 MIN. 09 SEC. E A DISTANCE OF 1250.19ꞌ FEET TO A POINT; THENCE S 18 DEG. 03 MIN. 03 SEC. E A DISTANCE OF 826.09ꞌ FEET TO A POINT; THENCE S 09 DEG. 28 MIN. 08 SEC. E A DISTANCE OF 1,064.54ꞌ FEET TO A POINT; THENCE S 24 DEG. 17 MIN. 34 SEC. E A DISTANCE OF 1,079.68ꞌ FEET TO A POINT; THENCE S 24 DEG. 47 MIN. 09 SEC. E A DISTANCE OF 864.21ꞌ FEET TO A POINT; SAID POINT BEING S 10 DEG. 27 MIN. 55 SEC. E A DISTANCE OF 92.83ꞌ FEET FROM P.R.M. 12-81-A31-2 1988.

THENCE S 39 DEG. 43 MIN. 14 SEC. E A DISTANCE OF 784.92ꞌ FEET TO A POINT; SAID POINT BEING N 37 DEG. 34 MIN. 20 SEC. E A DISTANCE OF 420.86ꞌ FEET FROM P.R.M. 12-81-A32.

THENCE S 49 DEG. 53 MIN. 19 SEC. E A DISTANCE OF 942.82ꞌ FEET TO A POINT; THENCE S 39 DEG. 29 MIN. 18 SEC. E A DISTANCE OF 995.00ꞌ FEET TO A POINT; THENCE S 29 DEG. 48 MIN. 54 SEC. E A DISTANCE OF 1,061.49ꞌ FEET TO A POINT; SAID POINT BEING N 07 DEG. 30 MIN. 01 SEC. E A DISTANCE OF 340.43ꞌ FEET FROM P.R.M. 12-81-A33.

THENCE S 28 DEG. 30 MIN. 26 SEC. E A DISTANCE OF 1070.63ꞌ FEET TO A POINT; THENCE S 26 DEG. 06 MIN. 40 SEC. E A DISTANCE OF 1,021.61ꞌ FEET TO A POINT; THENCE S 25 DEG. 25 MIN. 29 SEC. E A DISTANCE OF 1,038.71ꞌ FEET TO A POINT; SAID POINT BEING N 42 DEG. 13 MIN. 34 SEC. E A DISTANCE OF 446.78ꞌ FEET FROM P.R.M. 12-81-A34.

THENCE S 21 DEG. 03 MIN. 46 SEC. E A DISTANCE OF 989.49ꞌ FEET TO A POINT; THENCE S 12 DEG. 52 MIN. 10 SEC. E A DISTANCE OF 963.85ꞌ FEET TO A POINT; SAID POINT BEING N 37 DEG. 22 MIN. 11 SEC. E A DISTANCE OF 551.34ꞌ FEET FROM P.R.M. 12-81-A35.

THENCE S 13 DEG. 52 MIN. 26 SEC. E A DISTANCE OF 1,122.90ꞌ FEET TO A POINT; THENCE S 11 DEG. 15 MIN. 58 SEC. E A DISTANCE OF 981.62ꞌ FEET TO A POINT; THENCE S 13 DEG. 45 MIN. 03 SEC. E A DISTANCE OF 1289.59ꞌ FEET TO A POINT; THENCE S 35 DEG. 12 MIN. 59 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERLY SHORE OF LA COSTA ISLAND; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING N 37 DEG. 22 MIN. 11 SEC. E A DISTANCE OF 551.34ꞌ FEET FROM P.R.M. 12-81-A35.

RECOMMENCE AT “P.R.M.” 12-81-A36-2 1988 AZ MK; THENCE S 20 DEG. 36 MIN. 59 SEC. E A DISTANCE OF 1,115.09ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 36 DEG. 14 MIN. 20 SEC. E TO THE MEAN HIGH WATER LINE OF PINE SOUND.

THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING S 20 DEG. 36 MIN. 59 SEC. E A DISTANCE OF 1115.09ꞌ FEET FROM P.R.M. 12-81-A36-2 1988 AZ MK. THENCE N 36 DEG. 14 MIN. 20 SEC. W A DISTANCE OF 580.00ꞌ FEET TO A POINT; THENCE N 82 DEG. 37 MIN. 00 SEC. W A DISTANCE OF 607.55ꞌ FEET TO A POINT; THENCE N 30 DEG. 00 MIN. 00 SEC. W A DISTANCE OF 1,440.00ꞌ FEET TO A POINT; THENCE S 40 DEG. 53 MIN. 32 SEC. W A DISTANCE OF 635.81ꞌ FEET TO A POINT; SAID POINT BEING S 67 DEG. 26 MIN. 02 SEC. E A DISTANCE OF 475.24ꞌ FEET FROM P.R.M. 12-81-A36-2 1988.

THENCE S 40 DEG. 58 MIN. 57 SEC. W A DISTANCE OF 793.13ꞌ FEET TO A POINT; SAID POINT BEING N 85 DEG. 29 MIN. 39 SEC. W A DISTANCE OF 68.04ꞌ FEET FROM P.R.M. 12-81-A37.

THENCE S 00 DEG. 51 MIN. 56 SEC. W A DISTANCE OF 1074.80ꞌ FEET TO A POINT; SAID POINT BEING S 47 DEG. 02 MIN. 12 SEC. E A DISTANCE OF 191.28ꞌ FEET FROM P.R.M. 12-81-A38.

THENCE S 01 DEG. 06 MIN. 20 SEC. W A DISTANCE OF 952.27ꞌ FEET TO A POINT; SAID POINT BEING S 22 DEG. 11 MIN. 35 SEC. E A DISTANCE OF 411.03ꞌ FEET FROM P.R.M. 12-81-A39.

THENCE S 07 DEG. 45 MIN. 58 SEC. E A DISTANCE OF 1013.57ꞌ FEET TO A POINT; SAID POINT BEING S 12 DEG. 20 MIN. 56 SEC. E A DISTANCE OF 747.13ꞌ FEET FROM P.R.M. 12-81-A40.

THENCE S 21 DEG. 52 MIN. 51 SEC. E A DISTANCE OF 1406.56ꞌ FEET TO A POINT; SAID POINT BEING S 42 DEG. 37 MIN. 55 SEC. E A DISTANCE OF 1055.97ꞌ FEET FROM P.R.M. 12-81-A41.

THENCE S 39 DEG. 36 MIN. 44 SEC. E A DISTANCE OF 1406.45ꞌ FEET TO A POINT; SAID POINT BEING S 55 DEG. 10 MIN. 36 SEC. E A DISTANCE OF 993.54ꞌ FEET FROM P.R.M. 12-81-A42.

THENCE S 51 DEG. 38 MIN. 14 SEC. E A DISTANCE OF 1047.31ꞌ FEET TO A POINT; SAID POINT BEING N 72 DEG. 16 MIN. 20 SEC. E A DISTANCE OF 542.23ꞌ FEET FROM P.R.M. 12-81-A43.

THENCE S 40 DEG. 30 MIN. 07 SEC. E A DISTANCE OF 672.03ꞌ FEET TO A POINT; THENCE S 33 DEG. 10 MIN. 47 SEC. E A DISTANCE OF 602.78ꞌ FEET TO A POINT; THENCE S 33 DEG. 27 MIN. 41 SEC. E A DISTANCE OF 738.49ꞌ FEET TO A POINT; THENCE S 33 DEG. 19 MIN. 51 SEC. E A DISTANCE OF 934.14ꞌ FEET TO A POINT; THENCE S 34 DEG. 05 MIN. 17 SEC. E A DISTANCE OF 746.30ꞌ FEET TO A POINT; THENCE S 34 DEG. 36 MIN. 03 SEC. E A DISTANCE OF 627.27ꞌ FEET TO A POINT; THENCE S 52 DEG. 11 MIN. 22 SEC. E A DISTANCE OF 752.11ꞌ FEET TO A POINT; THENCE S 25 DEG. 28 MIN. 01 SEC. E A DISTANCE OF 1496.54ꞌ FEET TO A POINT; THENCE S 25 DEG. 31 MIN. 27 SEC. E A DISTANCE OF 1,413.54ꞌ FEET TO A POINT; THENCE S 09 DEG. 05 MIN. 28 SEC. E A DISTANCE OF 741.98ꞌ FEET TO A POINT; THENCE S 09 DEG. 02 MIN. 47 SEC. E A DISTANCE OF 741.25ꞌ FEET TO A POINT; THENCE S 09 DEG. 05 MIN. 35 SEC. E A DISTANCE OF 1,020.89ꞌ FEET TO A POINT; THENCE S 14 DEG. 29 MIN. 30 SEC. E A DISTANCE OF 928.06ꞌ FEET TO A POINT; SAID POINT BEING N 70 DEG. 37 MIN. 19 SEC. E A DISTANCE OF 619.94ꞌ FEET FROM P.R.M. 12-81-A45.

THENCE S 47 DEG. 59 MIN. 53 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERLY SHORE OF NORTH CAPTIVA ISLAND; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING N 70 DEG. 37 MIN. 19 SEC. E A DISTANCE OF 619.94ꞌ FEET FROM P.R.M. 12-81-A45.

RECOMMENCE AT “P.R.M.” 12-81-A46-2 1988; THENCE N 72 DEG. 46 MIN. 03 SEC. E A DISTANCE OF 624.25ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 59 DEG. 31 MIN. 46 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERLY SHORE OF CAPTIVA ISLAND; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING N 72 DEG. 46 MIN. 03 SEC. E A DISTANCE OF 624.25ꞌ FEET FROM P.R.M. 12-81-A46-2 1988.

THENCE S 28 DEG. 53 MIN. 59 SEC. E A DISTANCE OF 1,149.80ꞌ FEET TO A POINT; THENCE S 05 DEG. 56 MIN. 52 SEC. W A DISTANCE OF 875.28ꞌ FEET TO A POINT; THENCE S 20 DEG. 47 MIN. 15 SEC. E A DISTANCE OF 1,057.55ꞌ FEET TO A POINT; THENCE S 20 DEG. 06 MIN. 46 SEC. E A DISTANCE OF 940.79ꞌ FEET TO A POINT; SAID POINT BEING N 83 DEG. 08 MIN. 39 SEC. E A DISTANCE OF 283.51ꞌ FEET FROM P.R.M. 12-81-A47-2 1988.

THENCE S 10 DEG. 08 MIN. 27 SEC. E A DISTANCE OF 1005.52ꞌ FEET TO A POINT; THENCE S 10 DEG. 07 MIN. 43 SEC. E A DISTANCE OF 905.02ꞌ FEET TO A POINT; THENCE S 10 DEG. 11 MIN. 26 SEC. E A DISTANCE OF 964.12ꞌ FEET TO A POINT; THENCE S 07 DEG. 13 MIN. 26 SEC. E A DISTANCE OF 1121.19ꞌ FEET TO A POINT; THENCE S 09 DEG. 35 MIN. 28 SEC. E A DISTANCE OF 899.22ꞌ FEET TO A POINT; SAID POINT BEING N 13 DEG. 44 MIN. 15 SEC. E A DISTANCE OF 822.96ꞌ FEET FROM P.R.M. 12-81-A48-2 1988.

THENCE S 08 DEG. 24 MIN. 18 SEC. E A DISTANCE OF 1,547.59ꞌ FEET TO A POINT; SAID POINT BEING S 34 DEG. 10 MIN. 38 SEC. W A DISTANCE OF 657.57ꞌ FEET FROM P.R.M. 12-81-A49.

THENCE S 09 DEG. 56 MIN. 12 SEC. E A DISTANCE OF 908.79ꞌ FEET TO A POINT; THENCE S 10 DEG. 04 MIN. 05 SEC. E A DISTANCE OF 1006.06ꞌ FEET TO A POINT; SAID POINT BEING N 32 DEG. 08 MIN. 13 SEC. E A DISTANCE OF 377.81ꞌ FEET FROM P.R.M. 12-81-A50.

THENCE S 11 DEG. 34 MIN. 10 SEC. E A DISTANCE OF 892.78ꞌ FEET TO A POINT; THENCE S 10 DEG. 45 MIN. 47 SEC. E A DISTANCE OF 1102.41ꞌ FEET TO A POINT; THENCE S 10 DEG. 52 MIN. 38 SEC. E A DISTANCE OF 952.45ꞌ FEET TO A POINT; THENCE S 09 DEG. 42 MIN. 24 SEC. E A DISTANCE OF 1037.48ꞌ FEET TO A POINT; THENCE S 09 DEG. 39 MIN. 18 SEC. E A DISTANCE OF 983.72ꞌ FEET TO A POINT; SAID POINT BEING N 06 DEG. 47 MIN. 32 SEC. E A DISTANCE OF 322.64ꞌ FEET FROM P.R.M. 12-81-A51.

THENCE S 09 DEG. 21 MIN. 59 SEC. E A DISTANCE OF 1,209.37ꞌ FEET TO A POINT; SAID POINT BEING S 09 DEG. 05 MIN. 06 SEC. W A DISTANCE OF 875.70ꞌ FEET FROM P.R.M. 12-81-A52.

THENCE S 09 DEG. 28 MIN. 42 SEC. E A DISTANCE OF 784.72ꞌ FEET TO A POINT; SAID POINT BEING S 66 DEG. 40 MIN. 00 SEC. W A DISTANCE OF 377.58ꞌ FEET FROM P.R.M. 12-81-A53.

THENCE S 08 DEG. 39 MIN. 55 SEC. E A DISTANCE OF 1,060.53ꞌ FEET TO A POINT; SAID POINT BEING S 17 DEG. 18 MIN. 36 SEC. W A DISTANCE OF 701.25ꞌ FEET FROM P.R.M. 12-81-A54.

THENCE S 15 DEG. 13 MIN. 25 SEC. E A DISTANCE OF 1,136.44ꞌ FEET TO A POINT; THENCE S 12 DEG. 41 MIN. 33 SEC. E A DISTANCE OF 935.49ꞌ FEET TO A POINT; SAID POINT BEING N 42 DEG. 04 MIN. 10 SEC. W A DISTANCE OF 585.18ꞌ FEET FROM P.R.M. 12-81-A55.

THENCE S 12 DEG. 16 MIN. 04 SEC. E A DISTANCE OF 1,093.02ꞌ FEET TO A POINT; THENCE S 19 DEG. 59 MIN. 45 SEC. E A DISTANCE OF 1,298.44ꞌ FEET TO A POINT; SAID POINT BEING N 35 DEG. 19 MIN. 30 SEC. W A DISTANCE OF 222.07ꞌ FEET FROM P.R.M. 12-81-A56.

THENCE S 24 DEG. 52 MIN. 19 SEC. E A DISTANCE OF 685.63ꞌ FEET TO A POINT; THENCE S 75 DEG. 39 MIN. 36 SEC. E A DISTANCE OF 580.04ꞌ FEET TO A POINT; THENCE S 26 DEG. 56 MIN. 29 SEC. E A DISTANCE OF 195.00ꞌ FEET TO A POINT; THENCE S 26 DEG. 56 MIN. 26 SEC. E A DISTANCE OF 1,086.88ꞌ FEET TO A POINT; SAID POINT BEING N 47 DEG. 01 MIN. 01 SEC. E A DISTANCE OF 560.54ꞌ FEET FROM P.R.M. 12-81-A58-2 1988.

THENCE S 29 DEG. 32 MIN. 30 SEC. E A DISTANCE OF 676.07ꞌ FEET TO A POINT; THENCE S 51 DEG. 06 MIN. 27 SEC. E A DISTANCE OF 1292.13ꞌ FEET TO A POINT; SAID POINT BEING N 60 DEG. 14 MIN. 41 SEC. E A DISTANCE OF 825.99ꞌ FEET FROM P.R.M. 12-81-A59-2.

THENCE S 29 DEG. 50 MIN. 59 SEC. E A DISTANCE OF 816.01ꞌ FEET TO A POINT; THENCE S 29 DEG. 34 MIN. 09 SEC. E A DISTANCE OF 1,013.03ꞌ FEET TO A POINT; THENCE S 33 DEG. 29 MIN. 40 SEC. E A DISTANCE OF 1,136.91ꞌ FEET TO A POINT; SAID POINT BEING N 84 DEG. 36 MIN. 27 SEC. E A DISTANCE OF 793.84ꞌ FEET FROM P.R.M. 12-81-A60-2.

THENCE S 41 DEG. 16 MIN. 36 SEC. E A DISTANCE OF 1,074.66ꞌ FEET TO A POINT; SAID POINT BEING N 71 DEG. 48 MIN. 30 SEC. E A DISTANCE OF 480.39ꞌ FEET FROM P.R.M. 12-81-A61-2 1988.

THENCE S 58 DEG. 24 MIN. 28 SEC. E A DISTANCE OF 1,044.03ꞌ FEET TO A POINT; SAID POINT BEING N 00 DEG. 44 MIN. 30 SEC. W A DISTANCE OF 461.67ꞌ FEET FROM P.R.M. 12-81-A62.

THENCE S 61 DEG. 51 MIN. 00 SEC. E A DISTANCE OF 1,059.30ꞌ FEET TO A POINT; THENCE S 79 DEG. 39 MIN. 34 SEC. E A DISTANCE OF 1096.81ꞌ FEET TO A POINT; THENCE S 55 DEG. 45 MIN. 20 SEC. E A DISTANCE OF 1,006.83ꞌ FEET TO A POINT; THENCE S 57 DEG. 50 MIN. 16 SEC. E A DISTANCE OF 982.03ꞌ FEET TO A POINT; SAID POINT BEING N 61 DEG. 08 MIN. 53 SEC. E A DISTANCE OF 785.67ꞌ FEET FROM P.R.M. 12-81-A63.

THENCE S 57 DEG. 45 MIN. 24 SEC. E A DISTANCE OF 1,118.89ꞌ FEET TO A POINT; THENCE S 49 DEG. 16 MIN. 19 SEC. E A DISTANCE OF 1,056.95ꞌ FEET TO A POINT; THENCE S 52 DEG. 52 MIN. 09 SEC. E A DISTANCE OF 1,213.94ꞌ FEET TO A POINT; THENCE S 49 DEG. 55 MIN. 42 SEC. E A DISTANCE OF 1,043.00ꞌ FEET TO A POINT; SAID POINT BEING N 44 DEG. 07 MIN. 54 SEC. E A DISTANCE OF 355.48ꞌ FEET FROM P.R.M. 12-81-A64.

THENCE S 46 DEG. 27 MIN. 22 SEC. E A DISTANCE OF 1,082.88ꞌ FEET TO A POINT; THENCE S 48 DEG. 33 MIN. 23 SEC. E A DISTANCE OF 1,370.89ꞌ FEET TO A POINT; SAID POINT BEING N 49 DEG. 56 MIN. 08 SEC. E A DISTANCE OF 410.76ꞌ FEET FROM P.R.M. 12-81-A65.

THENCE S 38 DEG. 12 MIN. 04 SEC. E A DISTANCE OF 924.73ꞌ FEET TO A POINT; THENCE S 36 DEG. 45 MIN. 09 SEC. E A DISTANCE OF 1,172.75ꞌ FEET TO A POINT; THENCE S 44 DEG. 27 MIN. 40 SEC. E A DISTANCE OF 993.58ꞌ FEET TO A POINT; SAID POINT BEING N 10 DEG. 01 MIN. 07 SEC. W A DISTANCE OF 501.11ꞌ FEET FROM P.R.M. 12-81-A66-2 1988.

THENCE S 44 DEG. 18 MIN. 02 SEC. E A DISTANCE OF 1,019.92ꞌ FEET TO A POINT; THENCE S 50 DEG. 26 MIN. 39 SEC. E A DISTANCE OF 865.33ꞌ FEET TO A POINT; SAID POINT BEING N 85 DEG. 58 MIN. 05 SEC. E A DISTANCE OF 461.05ꞌ FEET FROM P.R.M. 12-81-A67.

THENCE S 52 DEG. 31 MIN. 53 SEC. E A DISTANCE OF 330.00ꞌ FEET TO A POINT; SAID POINT BEING N 30 DEG. 29 MIN. 07 SEC. E A DISTANCE OF 276.86ꞌ FEET FROM P.R.M. 12-81-A68.

THENCE S 52 DEG. 31 MIN. 53 SEC. E A DISTANCE OF 470.00ꞌ FEET TO A POINT; SAID POINT BEING S 25 DEG. 56 MIN. 41 SEC. W A DISTANCE OF 75.56ꞌ FEET FROM P.R.M. 12-81-A70.

THENCE S 52 DEG. 31 MIN. 52 SEC. E A DISTANCE OF 216.74ꞌ FEET TO A POINT; SAID POINT BEING N 34 DEG. 03 MIN. 20 SEC. E A DISTANCE OF 194.44ꞌ FEET FROM P.R.M. 12-81-A69.

THENCE S 64 DEG. 49 MIN. 20 SEC. E A DISTANCE OF 500.00ꞌ FEET TO A POINT; SAID POINT BEING S 37 DEG. 18 MIN. 16 SEC. W A DISTANCE OF 142.46ꞌ FEET FROM P.R.M. GLASS-1955-1978.

THENCE S 64 DEG. 49 MIN. 19 SEC. E A DISTANCE OF 494.59ꞌ FEET TO A POINT; SAID POINT BEING S 86 DEG. 30 MIN. 45 SEC. W A DISTANCE OF 211.10ꞌ FEET FROM P.R.M. 12-83-A01.

THENCE S 64 DEG. 45 MIN. 03 SEC. E A DISTANCE OF 863.94ꞌ FEET TO A POINT; SAID POINT BEING N 88 DEG. 28 MIN. 17 SEC. W A DISTANCE OF 543.38ꞌ FEET FROM P.R.M. 12-83-A02-2 1988.

THENCE S 64 DEG. 31 MIN. 53 SEC. E A DISTANCE OF 1,174.88ꞌ FEET TO A POINT; THENCE S 64 DEG. 26 MIN. 38 SEC. E A DISTANCE OF 863.29ꞌ FEET TO A POINT; THENCE S 67 DEG. 47 MIN. 03 SEC. E A DISTANCE OF 1,087.66ꞌ FEET TO A POINT; SAID POINT BEING S 47 DEG. 52 MIN. 27 SEC. E A DISTANCE OF 409.74ꞌ FEET FROM P.R.M. 12-83-A03.

THENCE S 67 DEG. 47 MIN. 04 SEC. E A DISTANCE OF 928.21ꞌ FEET TO A POINT; THENCE S 67 DEG. 42 MIN. 39 SEC. E A DISTANCE OF 980.70ꞌ FEET TO A POINT; THENCE S 67 DEG. 49 MIN. 42 SEC. E A DISTANCE OF 967.62ꞌ FEET TO A POINT; SAID POINT BEING S 01 DEG. 00 MIN. 01 SEC. W A DISTANCE OF 323.04ꞌ FEET FROM P.R.M. 12-83-A04-2.

THENCE S 73 DEG. 26 MIN. 54 SEC. E A DISTANCE OF 1,080.31ꞌ FEET TO A POINT; SAID POINT BEING S 21 DEG. 53 MIN. 50 SEC. E A DISTANCE OF 133.24ꞌ FEET FROM P.R.M. 12-83-A05.

THENCE S 67 DEG. 45 MIN. 12 SEC. E A DISTANCE OF 915.08ꞌ FEET TO A POINT; SAID POINT BEING S 16 DEG. 17 MIN. 09 SEC. W A DISTANCE OF 376.62ꞌ FEET FROM P.R.M. 12-83-A06-2 1988.

THENCE S 65 DEG. 00 MIN. 20 SEC. E A DISTANCE OF 975.24ꞌ FEET TO A POINT; THENCE S 75 DEG. 55 MIN. 54 SEC. E A DISTANCE OF 1,027.12ꞌ FEET TO A POINT; THENCE S 83 DEG. 13 MIN. 53 SEC. E A DISTANCE OF 998.13ꞌ FEET TO A POINT; SAID POINT BEING S 72 DEG. 36 MIN. 46 SEC. E A DISTANCE OF 318.52ꞌ FEET FROM P.R.M. 12-83-A07.

THENCE S 80 DEG. 35 MIN. 07 SEC. E A DISTANCE OF 1,037.28ꞌ FEET TO A POINT; SAID POINT BEING S 88 DEG. 26 MIN. 20 SEC. W A DISTANCE OF 471.10ꞌ FEET FROM P.R.M. 12-83-A08-2 1988.

THENCE S 75 DEG. 11 MIN. 48 SEC. E A DISTANCE OF 971.38ꞌ FEET TO A POINT; SAID POINT BEING S 78 DEG. 19 MIN. 31 SEC. W A DISTANCE OF 961.43ꞌ FEET FROM P.R.M. 12-83-A09-2 1988.

THENCE N 89 DEG. 16 MIN. 56 SEC. E A DISTANCE OF 949.34ꞌ FEET TO A POINT; SAID POINT BEING N 05 DEG. 50 MIN. 46 SEC. E A DISTANCE OF 322.16ꞌ FEET FROM P.R.M. 12-83-A10.

THENCE S 89 DEG. 32 MIN. 19 SEC. E A DISTANCE OF 1,099.40ꞌ FEET TO A POINT; SAID POINT BEING N 36 DEG. 58 MIN. 59 SEC. W A DISTANCE OF 295.02ꞌ FEET FROM P.R.M. 12-83-A11.

THENCE N 83 DEG. 21 MIN. 04 SEC. E A DISTANCE OF 822.22ꞌ FEET TO A POINT; SAID POINT BEING N 60 DEG. 26 MIN. 49 SEC. W A DISTANCE OF 459.54ꞌ FEET FROM P.R.M. 12-83-A12-2 1988.

THENCE N 73 DEG. 33 MIN. 12 SEC. E A DISTANCE OF 1,193.60ꞌ FEET TO A POINT; THENCE N 72 DEG. 08 MIN. 50 SEC. E A DISTANCE OF 838.18ꞌ FEET TO A POINT; SAID POINT BEING N 81 DEG. 10 MIN. 28 SEC. W A DISTANCE OF 533.71ꞌ FEET FROM P.R.M. 12-83-A13.

THENCE N 57 DEG. 49 MIN. 26 SEC. E A DISTANCE OF 955.01ꞌ FEET TO A POINT; THENCE N 67 DEG. 53 MIN. 25 SEC. E A DISTANCE OF 999.83ꞌ FEET TO A POINT; THENCE N 63 DEG. 40 MIN. 14 SEC. E A DISTANCE OF 986.15ꞌ FEET TO A POINT; SAID POINT BEING N 25 DEG. 05 MIN. 59 SEC. W A DISTANCE OF 472.15ꞌ FEET FROM P.R.M. 12-83-A14.

THENCE N 66 DEG. 29 MIN. 14 SEC. E A DISTANCE OF 933.67ꞌ FEET TO A POINT; THENCE N 66 DEG. 15 MIN. 10 SEC. E A DISTANCE OF 1,039.10ꞌ FEET TO A POINT; SAID POINT BEING N 36 DEG. 11 MIN. 12 SEC. W A DISTANCE OF 408.38ꞌ FEET FROM P.R.M. 12-83-A15.

THENCE N 66 DEG. 10 MIN. 56 SEC. E A DISTANCE OF 819.32ꞌ FEET TO A POINT; THENCE N 55 DEG. 01 MIN. 58 SEC. E A DISTANCE OF 1031.00ꞌ FEET TO A POINT; SAID POINT BEING N 05 DEG. 54 MIN. 20 SEC. W A DISTANCE OF 387.53ꞌ FEET FROM P.R.M. 12-83-A16.

THENCE N 54 DEG. 31 MIN. 54 SEC. E A DISTANCE OF 1,135.69ꞌ FEET TO A POINT; THENCE N 54 DEG. 48 MIN. 35 SEC. E A DISTANCE OF 714.40ꞌ FEET TO A POINT; SAID POINT BEING N 07 DEG. 07 MIN. 34 SEC. W A DISTANCE OF 538.77ꞌ FEET FROM P.R.M. 12-83-A17.

THENCE N 61 DEG. 17 MIN. 57 SEC. E A DISTANCE OF 1,276.53ꞌ FEET TO A POINT; THENCE N 61 DEG. 29 MIN. 27 SEC. E A DISTANCE OF 578.92ꞌ FEET TO A POINT; SAID POINT BEING N 71 DEG. 12 MIN. 03 SEC. W A DISTANCE OF 513.84ꞌ FEET FROM P.R.M. 12-83-A18.

THENCE N 60 DEG. 02 MIN. 01 SEC. E A DISTANCE OF 1,297.02ꞌ FEET TO A POINT; THENCE N 58 DEG. 51 MIN. 20 SEC. E A DISTANCE OF 953.79ꞌ FEET TO A POINT; THENCE N 58 DEG. 55 MIN. 00 SEC. E A DISTANCE OF 1,024.19ꞌ FEET TO A POINT; SAID POINT BEING N 21 DEG. 18 MIN. 36 SEC. E A DISTANCE OF 524.88ꞌ FEET FROM P.R.M. 12-83-A19.

THENCE N 46 DEG. 27 MIN. 49 SEC. E A DISTANCE OF 1,042.67ꞌ FEET TO A POINT; THENCE N 62 DEG. 11 MIN. 27 SEC. E A DISTANCE OF 1,035.25ꞌ FEET TO A POINT; SAID POINT BEING N 23 DEG. 39 MIN. 52 SEC. W A DISTANCE OF 533.33ꞌ FEET FROM P.R.M. 12-83-A20.

THENCE N 62 DEG. 44 MIN. 31 SEC. E A DISTANCE OF 1100.14ꞌ FEET TO A POINT; THENCE N 53 DEG. 25 MIN. 31 SEC. E A DISTANCE OF 968.48ꞌ FEET TO A POINT; SAID POINT BEING N 07 DEG. 07 MIN. 09 SEC. E A DISTANCE OF 648.61ꞌ FEET FROM P.R.M. 12-83-A21.

THENCE N 53 DEG. 33 MIN. 21 SEC. E A DISTANCE OF 783.48ꞌ FEET TO A POINT; THENCE N 56 DEG. 32 MIN. 06 SEC. E A DISTANCE OF 1,112.54ꞌ FEET TO A POINT; THENCE N 56 DEG. 29 MIN. 09 SEC. E A DISTANCE OF 558.74ꞌ FEET TO A POINT; SAID POINT BEING N 17 DEG. 32 MIN. 31 SEC. W A DISTANCE OF 497.81ꞌ FEET FROM P.R.M. 12-83-A22.

THENCE N 56 DEG. 29 MIN. 08 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERLY SHORE OF SANIBEL ISLAND; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING N 17 DEG. 32 MIN. 31 SEC. W A DISTANCE OF 497.81ꞌ FEET FROM P.R.M. 12-83-A22.

RECOMMENCE AT “P.R.M.” 12-83-A23; THENCE S 77 DEG. 50 MIN. 43 SEC. E A DISTANCE OF 152.22ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 03 DEG. 49 MIN. 57 SEC. W A DISTANCE OF 816.64ꞌ FEET TO A POINT; THENCE N 06 DEG. 45 MIN. 58 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERLY SHORE OF ESTERO ISLAND; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING S 77 DEG. 50 MIN. 43 SEC. E A DISTANCE OF 152.22ꞌ FEET FROM P.R.M. 12-83-A23.

THENCE S 26 DEG. 48 MIN. 29 SEC. E A DISTANCE OF 915.19ꞌ FEET TO A POINT; THENCE S 47 DEG. 12 MIN. 46 SEC. E A DISTANCE OF 1102.75ꞌ FEET TO A POINT; THENCE S 40 DEG. 42 MIN. 03 SEC. E A DISTANCE OF 808.95ꞌ FEET TO A POINT; SAID POINT BEING N 53 DEG. 23 MIN. 15 SEC. W A DISTANCE OF 244.41ꞌ FEET FROM P.R.M. 12-83-A24.

THENCE S 53 DEG. 05 MIN. 26 SEC. E A DISTANCE OF 541.22ꞌ FEET TO A POINT; THENCE S 72 DEG. 37 MIN. 25 SEC. E A DISTANCE OF 551.32ꞌ FEET TO A POINT; SAID POINT BEING N 48 DEG. 19 MIN. 02 SEC. W A DISTANCE OF 870.02ꞌ FEET FROM P.R.M. 12-83-A25-2 1988.

THENCE S 43 DEG. 47 MIN. 02 SEC. E A DISTANCE OF 999.19ꞌ FEET TO A POINT; SAID POINT BEING N 47 DEG. 59 MIN. 53 SEC. W A DISTANCE OF 27.80ꞌ FEET FROM P.R.M. 12-88-A25A.

THENCE S 67 DEG. 47 MIN. 54 SEC. E A DISTANCE OF 1,020.06ꞌ FEET TO A POINT; THENCE S 67 DEG. 48 MIN. 19 SEC. E A DISTANCE OF 863.58ꞌ FEET TO A POINT; THENCE S 74 DEG. 40 MIN. 08 SEC. E A DISTANCE OF 1,061.70ꞌ FEET TO A POINT; SAID POINT BEING N 67 DEG. 18 MIN. 13 SEC. W A DISTANCE OF 418.71ꞌ FEET FROM P.R.M. 12-83-A26.

THENCE S 61 DEG. 53 MIN. 52 SEC. E A DISTANCE OF 1,023.60ꞌ FEET TO A POINT; THENCE S 61 DEG. 43 MIN. 56 SEC. E A DISTANCE OF 937.38ꞌ FEET TO A POINT; THENCE S 77 DEG. 05 MIN. 21 SEC. E A DISTANCE OF 853.58ꞌ FEET TO A POINT; SAID POINT BEING S 50 DEG. 13 MIN. 15 SEC. W A DISTANCE OF 99.95ꞌ FEET FROM P.R.M. 12-83-A27.

THENCE S 55 DEG. 12 MIN. 42 SEC. E A DISTANCE OF 609.40ꞌ FEET TO A POINT; SAID POINT BEING N 10 DEG. 55 MIN. 47 SEC. W A DISTANCE OF 92.94ꞌ FEET FROM P.R.M. 12-83-A28.

THENCE S 59 DEG. 19 MIN. 43 SEC. E A DISTANCE OF 981.41ꞌ FEET TO A POINT; THENCE S 59 DEG. 17 MIN. 33 SEC. E A DISTANCE OF 694.83ꞌ FEET TO A POINT; SAID POINT BEING N 59 DEG. 26 MIN. 03 SEC. W A DISTANCE OF 239.23ꞌ FEET FROM P.R.M. 12-83-A29.

THENCE S 60 DEG. 21 MIN. 09 SEC. E A DISTANCE OF 1,035.98ꞌ FEET TO A POINT; THENCE S 60 DEG. 32 MIN. 12 SEC. E A DISTANCE OF 1,034.34ꞌ FEET TO A POINT; SAID POINT BEING N 45 DEG. 05 MIN. 00 SEC. W A DISTANCE OF 348.32ꞌ FEET FROM P.R.M. 12-83-A30.

THENCE S 56 DEG. 40 MIN. 49 SEC. E A DISTANCE OF 883.60ꞌ FEET TO A POINT; THENCE S 53 DEG. 16 MIN. 37 SEC. E A DISTANCE OF 1,089.17ꞌ FEET TO A POINT; SAID POINT BEING N 43 DEG. 30 MIN. 49 SEC. W A DISTANCE OF 252.47ꞌ FEET FROM P.R.M. 12-83-A31.

THENCE S 53 DEG. 27 MIN. 39 SEC. E A DISTANCE OF 850.32ꞌ FEET TO A POINT; THENCE S 47 DEG. 11 MIN. 00 SEC. E A DISTANCE OF 1,320.81ꞌ FEET TO A POINT; THENCE S 47 DEG. 01 MIN. 45 SEC. E A DISTANCE OF 945.29ꞌ FEET TO A POINT; SAID POINT BEING S 36 DEG. 43 MIN. 34 SEC. E A DISTANCE OF 261.95ꞌ FEET FROM P.R.M. 12-83-A32.

THENCE S 48 DEG. 14 MIN. 53 SEC. E A DISTANCE OF 904.47ꞌ FEET TO A POINT; THENCE S 45 DEG. 23 MIN. 38 SEC. E A DISTANCE OF 1,124.60ꞌ FEET TO A POINT; SAID POINT BEING S 49 DEG. 48 MIN. 31 SEC. E A DISTANCE OF 375.92ꞌ FEET FROM P.R.M. 12-83-A33.

THENCE S 43 DEG. 31 MIN. 06 SEC. E A DISTANCE OF 927.22ꞌ FEET TO A POINT; SAID POINT BEING N 25 DEG. 42 MIN. 11 SEC. W A DISTANCE OF 312.12ꞌ FEET FROM P.R.M. 12-83-A34-2 1988.

THENCE S 39 DEG. 09 MIN. 46 SEC. E A DISTANCE OF 1,099.56ꞌ FEET TO A POINT; SAID POINT BEING S 23 DEG. 19 MIN. 04 SEC. W A DISTANCE OF 385.51ꞌ FEET FROM P.R.M. 12-88-A34A.

THENCE S 53 DEG. 49 MIN. 22 SEC. E A DISTANCE OF 908.90ꞌ FEET TO A POINT; THENCE S 28 DEG. 02 MIN. 21 SEC. E A DISTANCE OF 1,142.40ꞌ FEET TO A POINT; SAID POINT BEING N 61 DEG. 29 MIN. 41 SEC. W A DISTANCE OF 241.84ꞌ FEET FROM P.R.M. 12-83-A35-2 1988.

THENCE S 18 DEG. 21 MIN. 00 SEC. E A DISTANCE OF 1063.12ꞌ FEET TO A POINT; THENCE S 10 DEG. 18 MIN. 49 SEC. E A DISTANCE OF 1,292.22ꞌ FEET TO A POINT; THENCE S 30 DEG. 03 MIN. 37 SEC. E A DISTANCE OF 1,181.94ꞌ FEET TO A POINT; SAID POINT BEING N 47 DEG. 03 MIN. 58 SEC. W A DISTANCE OF 189.47ꞌ FEET FROM P.R.M. 12-83-A36.

THENCE S 30 DEG. 01 MIN. 09 SEC. E A DISTANCE OF 623.26ꞌ FEET TO A POINT; SAID POINT BEING N 45 DEG. 43 MIN. 16 SEC. W A DISTANCE OF 1,133.31ꞌ FEET FROM P.R.M. BOOB-2-1955.

THENCE S 47 DEG. 22 MIN. 55 SEC. E A DISTANCE OF 1216.56ꞌ FEET TO A POINT; SAID POINT BEING N 13 DEG. 43 MIN. 48 SEC. W A DISTANCE OF 219.45ꞌ FEET FROM P.R.M. 12-83-A37.

THENCE S 45 DEG. 55 MIN. 38 SEC. E A DISTANCE OF 850.04ꞌ FEET TO A POINT; SAID POINT BEING S 75 DEG. 40 MIN. 07 SEC. E A DISTANCE OF 144.47ꞌ FEET FROM P.R.M. 12-88-A37A.

THENCE S 85 DEG. 00 MIN. 18 SEC. E A DISTANCE OF 1,045.55ꞌ FEET TO A POINT; SAID POINT BEING N 42 DEG. 34 MIN. 00 SEC. E A DISTANCE OF 329.59ꞌ FEET FROM P.R.M. 12-83-A38-2 1988.

THENCE N 89 DEG. 28 MIN. 31 SEC. E A DISTANCE OF 988.09ꞌ FEET TO A POINT; SAID POINT BEING N 47 DEG. 05 MIN. 01 SEC. W A DISTANCE OF 449.88ꞌ FEET FROM P.R.M. 12-83-A39.

THENCE N 89 DEG. 27 MIN. 36 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERLY SHORE OF ESTERO ISLAND; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING N 47 DEG. 05 MIN. 01 SEC. W A DISTANCE OF 449.88ꞌ FEET FROM P.R.M. 12-83-A39.

RECOMMENCE AT “P.R.M.” 12-83-A40-2 1988; THENCE S 76 DEG. 41 MIN. 23 SEC. E A DISTANCE OF 1,590.47ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 39 DEG. 51 MIN. 32 SEC. E A DISTANCE OF 312.12ꞌ FEET TO A POINT; THENCE N 40 DEG. 34 MIN. 08 SEC. E A DISTANCE OF 695.45ꞌ FEET TO A POINT; THENCE N 41 DEG. 54 MIN. 55 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERLY SHORE OF LOVERS KEY; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING S 76 DEG. 41 MIN. 23 SEC. E A DISTANCE OF 1,590.47ꞌ FEET FROM P.R.M. 12-83-A40-2 1988.

THENCE S 41 DEG. 58 MIN. 57 SEC. W A DISTANCE OF 564.03ꞌ FEET TO A POINT; THENCE S 46 DEG. 04 MIN. 05 SEC. E A DISTANCE OF 1,000.22ꞌ FEET TO A POINT; SAID POINT BEING N 64 DEG. 16 MIN. 34 SEC. E A DISTANCE OF 1,054.84ꞌ FEET FROM P.R.M. 12-83-A41.

THENCE S 42 DEG. 59 MIN. 45 SEC. E A DISTANCE OF 1258.42ꞌ FEET TO A POINT; THENCE S 42 DEG. 01 MIN. 32 SEC. E A DISTANCE OF 909.94ꞌ FEET TO A POINT; THENCE S 42 DEG. 10 MIN. 23 SEC. E A DISTANCE OF 1,075.14ꞌ FEET TO A POINT; SAID POINT BEING N 68 DEG. 10 MIN. 52 SEC. E A DISTANCE OF 786.27ꞌ FEET FROM P.R.M. 12-83-A42.

THENCE S 42 DEG. 00 MIN. 58 SEC. E A DISTANCE OF 946.33ꞌ FEET TO A POINT; THENCE S 30 DEG. 54 MIN. 32 SEC. E A DISTANCE OF 1,002.41ꞌ FEET TO A POINT; SAID POINT BEING N 31 DEG. 47 MIN. 26 SEC. E A DISTANCE OF 862.61ꞌ FEET FROM P.R.M. 12-83-A43.

THENCE S 59 DEG. 20 MIN. 48 SEC. E A DISTANCE OF 675.85ꞌ FEET TO A POINT; THENCE S 24 DEG. 54 MIN. 31 SEC. E A DISTANCE OF 2,534.62ꞌ FEET TO A POINT; THENCE S 24 DEG. 26 MIN. 42 SEC. E A DISTANCE OF 1,262.95ꞌ FEET TO A POINT; THENCE S 25 DEG 55 MIN. 23 SEC. E A DISTANCE OF 975.40ꞌ FEET TO A POINT; THENCE S 15 DEG. 06 MIN. 26 SEC. E A DISTANCE OF 1,522.92ꞌ FEET TO A POINT; SAID POINT BEING N 73 DEG. 42 MIN. 56 SEC. E A DISTANCE OF 989.82ꞌ FEET FROM P.R.M. 12-83-A44.

THENCE S 29 DEG. 22 MIN. 31 SEC. W A DISTANCE OF 819.21ꞌ FEET TO A POINT; SAID POINT BEING S 02 DEG. 17 MIN. 56 SEC. W A DISTANCE OF 405.16ꞌ FEET FROM P.R.M. 12-83-A44A.

THENCE S 27 DEG. 32 MIN. 41 SEC. E A DISTANCE OF 353.40ꞌ FEET TO A POINT; THENCE S 27 DEG. 38 MIN. 44 SEC. E A DISTANCE OF 1,125.88ꞌ FEET TO A POINT; SAID POINT BEING S 41 DEG. 32 MIN. 01 SEC. W A DISTANCE OF 779.57ꞌ FEET FROM P.R.M. 12-83-A45.

THENCE S 28 DEG. 52 MIN. 08 SEC. E A DISTANCE OF 782.21ꞌ FEET TO A POINT; SAID POINT BEING S 34 DEG. 53 MIN. 26 SEC. E A DISTANCE OF 296.17ꞌ FEET FROM P.R.M. 12-83-A46.

THENCE S 28 DEG. 54 MIN. 04 SEC. E A DISTANCE OF 1,065.68ꞌ FEET TO A POINT; THENCE S 28 DEG. 53 MIN. 10 SEC. E A DISTANCE OF 997.34ꞌ FEET TO A POINT; THENCE S 32 DEG. 47 MIN. 20 SEC. E A DISTANCE OF 1,166.39ꞌ FEET TO A POINT; SAID POINT BEING S 44 DEG. 32 MIN. 55 SEC. E A DISTANCE OF 432.18ꞌ FEET FROM P.R.M. 12-83-A47.

THENCE S 24 DEG. 27 MIN. 13 SEC. E A DISTANCE OF 924.33ꞌ FEET TO A POINT; THENCE S 24 DEG. 57 MIN. 48 SEC. E A DISTANCE OF 1,207.73ꞌ FEET TO A POINT; SAID POINT BEING N 51 DEG. 03 MIN. 21 SEC. E A DISTANCE OF 194.24ꞌ FEET FROM P.R.M. 12-83-A48.

THENCE S 23 DEG. 04 MIN. 26 SEC. E A DISTANCE OF 857.71ꞌ FEET TO A POINT; THENCE S 18 DEG. 32 MIN. 48 SEC. E A DISTANCE OF 1,166.12ꞌ FEET TO A POINT; THENCE S 18 DEG. 22 MIN. 27 SEC. E A DISTANCE OF 920.19ꞌ FEET TO A POINT; THENCE S 18 DEG. 49 MIN. 00 SEC. E A DISTANCE OF 1,159.50ꞌ FEET TO A POINT; SAID POINT BEING N 14 DEG. 56 MIN. 55 SEC. W A DISTANCE OF 453.57ꞌ FEET FROM P.R.M. 12-83-A49.

THENCE S 22 DEG. 26 MIN. 21 SEC. E A DISTANCE OF 439.02ꞌ FEET TO A POINT; THENCE S 64 DEG. 56 MIN. 31 SEC. E A DISTANCE OF 1,086.43ꞌ FEET TO A POINT; THENCE S 12 DEG. 39 MIN. 51 SEC. E TO THE POINT OF INTERSECTION WITH THE LEE-COLLIER COUNTY LINE; SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR LEE COUNTY.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 9-28-77, Formerly 16B-26.07, Amended 5-30-91, Formerly 16B-26.007, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.008 Description of the Manatee County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Manatee County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Manatee County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE MANATEE COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S. SAID CONTROL LINE LYING ALONG THE COAST OF THE GULF OF MEXICO FROM THE NORTHEAST END OF ANNA MARIA KEY SOUTHEASTERLY TO THE SOUTHEAST END OF ANNA MARIA KEY. THENCE RECOMMENCING AT THE NORTHWEST END OF LONGBOAT KEY EXTENDING SOUTHEASTERLY TO ITS TERMINUS AT THE MANATEE-SARASOTA COUNTY LINE.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “13-85-A01 THROUGH 13-85-A21,” “13-84-B01, LONGBOAT, THROUGH 13-84-B13,” AND “17-84-A01.” FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.) OR BY THE U.S. CORPS OF ENGINEERS (U.S.C.E.), SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE WEST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM, WHICH IS BASED ON NATIONAL GEODETIC SURVEY 1974 ADJUSTMENT OF STATIONS PALM 3 1924 AND MARIA 1934. STATIONS EGMONT KEY LIGHTHOUSE AND ROCKS 2 1935 ARE ON NATIONAL GEODETIC SURVEY (N.G.S.) 1979 ADJUSTMENT. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON NORTH AMERICAN 1927 DATUM.

THE BEARING BASE FOR THIS DESCRIPTION WAS DETERMINED BY UTILIZING THE GRID BEARING ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.) BETWEEN EGMONT KEY LIGHTHOUSE AND PALM 3 1924. ALSO POLARIS OBSERVATIONS WERE MADE AT 13-84-B01 AND 17-84-A01. ALL SAID BEARINGS IN THIS DESCRIPTION ARE GRID BEARINGS.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE FOR ANNA MARIA KEY MANATEE COUNTY, FLORIDA

COMMENCE AT P.R.M. 13-85-A01, THENCE N 58 DEG. 00 MIN. 45 SEC. W A DISTANCE OF 821.84ꞌ FEET TO THE POINT OF BEGINNING; THENCE S 87 DEG. 24 MIN. 58 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF PASSAGE KEY INLET AT THE NORTHEAST END OF ANNA MARIA KEY; SAID POINT BEING THE NORTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR MANATEE COUNTY. THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING.

THENCE N 87 DEG. 24 MIN. 58 SEC. W A DISTANCE OF 253.28ꞌ FEET TO A POINT; SAID POINT BEING S 51 DEG. 49 MIN. 41 SEC. E A DISTANCE OF 209.95ꞌ FEET FROM P.R.M. 13-85-A02.

THENCE S 34 DEG. 29 MIN. 56 SEC. W A DISTANCE OF 390.82ꞌ FEET TO A POINT; SAID POINT BEING N 04 DEG. 08 MIN. 51 SEC. W A DISTANCE OF 452.07ꞌ FEET FROM P.R.M. 13-85-A03.

THENCE S 18 DEG. 00 MIN. 24 SEC. E A DISTANCE OF 1,001.15ꞌ FEET TO A POINT; THENCE S 27 DEG. 55 MIN. 34 SEC. E A DISTANCE OF 830.18ꞌ FEET TO A POINT; SAID POINT BEING N 82 DEG. 42 MIN. 50 SEC. E A DISTANCE OF 172.73ꞌ FEET FROM P.R.M. 13-85-A04.

THENCE S 35 DEG. 40 MIN. 28 SEC. E A DISTANCE OF 842.85ꞌ FEET TO A POINT; SAID POINT BEING S 23 DEG. 02 MIN. 42 SEC. E A DISTANCE OF 216.12ꞌ FEET FROM P.R.M. 13-85-A05.

THENCE S 34 DEG. 05 MIN. 04 SEC. E A DISTANCE OF 1,227.68ꞌ FEET TO A POINT; SAID POINT BEING S 27 DEG. 46 MIN. 05 SEC. E A DISTANCE OF 995.72ꞌ FEET FROM P.R.M. 13-85-A06.

THENCE S 33 DEG. 53 MIN. 26 SEC. E A DISTANCE OF 887.82ꞌ FEET TO A POINT; SAID POINT BEING S 89 DEG. 35 MIN. 06 SEC. W A DISTANCE OF 1,253.72ꞌ FEET FROM P.R.M. 13-85-A07.

THENCE S 46 DEG. 23 MIN. 02 SEC. E A DISTANCE OF 1,091.92ꞌ FEET TO A POINT; SAID POINT BEING S 30 DEG. 19 MIN. 44 SEC. W A DISTANCE OF 337.32ꞌ FEET FROM P.R.M. 13-85-A08.

THENCE S 46 DEG. 20 MIN. 39 SEC. E A DISTANCE OF 904.46ꞌ FEET TO A POINT; THENCE S 44 DEG. 32 MIN. 54 SEC. E A DISTANCE OF 1,097.07ꞌ FEET TO A POINT; SAID POINT BEING S 67 DEG. 35 MIN. 17 SEC. W A DISTANCE OF 729.35ꞌ FEET FROM P.R.M. 13-85-A09.

THENCE S 42 DEG. 15 MIN. 46 SEC. E A DISTANCE OF 1073.48ꞌ FEET TO A POINT; SAID POINT BEING N 67 DEG. 03 MIN. 40 SEC. W A DISTANCE OF 418.06ꞌ FEET FROM P.R.M. 13-85-A10.

THENCE S 41 DEG. 11 MIN. 04 SEC. E A DISTANCE OF 1,047.24ꞌ FEET TO A POINT; THENCE S 37 DEG. 44 MIN. 22 SEC. E A DISTANCE OF 986.12ꞌ FEET TO A POINT; THENCE S 34 DEG. 57 MIN. 45 SEC. E A DISTANCE OF 1,343.46ꞌ FEET TO A POINT; SAID POINT BEING N 52 DEG. 03 MIN. 08 SEC. W A DISTANCE OF 394.02ꞌ FEET FROM P.R.M. 13-85-A11.

THENCE S 34 DEG. 43 MIN. 23 SEC. E A DISTANCE OF 846.99ꞌ FEET TO A POINT; SAID POINT BEING N 59 DEG. 43 MIN. 00 SEC. E A DISTANCE OF 71.64ꞌ FEET FROM P.R.M. 13-85-A12.

THENCE S 34 DEG. 28 MIN. 48 SEC. E A DISTANCE OF 932.16ꞌ FEET TO A POINT; SAID POINT BEING S 01 DEG. 12 MIN. 43 SEC. E A DISTANCE OF 649.90ꞌ FEET FROM P.R.M. 13-85-A13.

THENCE S 32 DEG. 07 MIN. 03 SEC. E A DISTANCE OF 947.64ꞌ FEET TO A POINT; SAID POINT BEING S 35 DEG. 29 MIN. 34 SEC. E A DISTANCE OF 794.78ꞌ FEET FROM P.R.M. 13-85-A14.

THENCE S 27 DEG. 41 MIN. 27 SEC. E A DISTANCE OF 1,048.94ꞌ FEET TO A POINT; SAID POINT BEING S 16 DEG. 26 MIN. 30 SEC. W A DISTANCE OF 1,679.19ꞌ FEET FROM P.R.M. 13-85-A15.

THENCE S 28 DEG. 04 MIN. 59 SEC. E A DISTANCE OF 943.48ꞌ FEET TO A POINT; SAID POINT BEING N 13 DEG. 59 MIN. 15 SEC. W A DISTANCE OF 348.15ꞌ FEET FROM P.R.M. 13-85-A16.

THENCE S 28 DEG. 01 MIN. 52 SEC. E A DISTANCE OF 1,144.73ꞌ FEET TO A POINT; SAID POINT BEING S 02 DEG. 04 MIN. 34 SEC. W A DISTANCE OF 216.19ꞌ FEET FROM P.R.M. 13-85-A17.

THENCE S 23 DEG. 18 MIN. 04 SEC. E A DISTANCE OF 963.59ꞌ FEET TO A POINT; SAID POINT BEING S 34 DEG. 30 MIN. 07 SEC. W A DISTANCE OF 1,360.69ꞌ FEET FROM P.R.M. 13-85-A18.

THENCE S 22 DEG. 40 MIN. 36 SEC. E A DISTANCE OF 958.20ꞌ FEET TO A POINT; SAID POINT BEING N 75 DEG. 38 MIN. 09 SEC. W A DISTANCE OF 463.29ꞌ FEET FROM P.R.M. 13-85-A19.

THENCE S 23 DEG. 29 MIN. 44 SEC. E A DISTANCE OF 1,009.20ꞌ FEET TO A POINT; THENCE S 21 DEG. 30 MIN. 41 SEC. E A DISTANCE OF 968.27ꞌ FEET TO A POINT; SAID POINT BEING N 59 DEG. 05 MIN. 03 SEC. W A DISTANCE OF 186.50ꞌ FEET FROM P.R.M. 13-85-A20.

THENCE S 21 DEG. 46 MIN. 35 SEC. E A DISTANCE OF 1,237.07ꞌ FEET TO A POINT; THENCE S 15 DEG. 22 MIN. 30 SEC. E A DISTANCE OF 802.40ꞌ FEET TO A POINT; SAID POINT BEING N 01 DEG. 54 MIN. 36 SEC. W A DISTANCE OF 600.03ꞌ FEET FROM P.R.M. 13-85-A21.

THENCE S 15 DEG. 07 MIN. 24 SEC. E A DISTANCE OF 993.77ꞌ FEET TO A POINT; SAID POINT BEING N 00 DEG. 52 MIN. 36 SEC. W A DISTANCE OF 353.05ꞌ FEET FROM N.G.S. MARIA 1934.

THENCE S 24 DEG. 03 MIN. 38 SEC. E A DISTANCE OF 1,413.35ꞌ FEET TO A POINT; SAID POINT BEING S 21 DEG. 47 MIN. 09 SEC. E A DISTANCE OF 950.72ꞌ FEET FROM P.R.M. 13-84-B01.

THENCE S 22 DEG. 31 MIN. 12 SEC. E A DISTANCE OF 919.07ꞌ FEET TO A POINT; THENCE S 16 DEG. 32 MIN. 18 SEC. E A DISTANCE OF 1,108.45ꞌ FEET TO A POINT; SAID POINT BEING N 19 DEG. 43 MIN. 42 SEC. E A DISTANCE OF 263.63ꞌ FEET FROM P.R.M. 13-84-B02.

THENCE S 15 DEG. 43 MIN. 46 SEC. E A DISTANCE OF 951.02ꞌ FEET TO A POINT; THENCE S 14 DEG. 50 MIN. 38 SEC. E A DISTANCE OF 954.57ꞌ FEET TO A POINT; THENCE S 16 DEG. 22 MIN. 58 SEC. E A DISTANCE OF 958.63ꞌ FEET TO A POINT; THENCE S 18 DEG. 54 MIN. 16 SEC. E A DISTANCE OF 1,000.32ꞌ FEET TO A POINT; SAID POINT BEING N 16 DEG. 25 MIN. 23 SEC. E A DISTANCE OF 383.42ꞌ FEET FROM P.R.M. 13-84-B03.

THENCE S 25 DEG. 57 MIN. 38 SEC. E A DISTANCE OF 927.10ꞌ FEET TO A POINT; THENCE S 35 DEG. 33 MIN. 17 SEC. E A DISTANCE OF 1,058.93ꞌ FEET TO A POINT; THENCE S 26 DEG. 57 MIN. 10 SEC. E A DISTANCE OF 914.78ꞌ FEET TO A POINT; SAID POINT BEING S 74 DEG. 59 MIN. 01 SEC. E A DISTANCE OF 316.39ꞌ FEET FROM P.R.M. 13-84-B04.

THENCE S 30 DEG. 09 MIN. 56 SEC. E A DISTANCE OF 926.95ꞌ FEET TO A POINT; THENCE S 25 DEG. 24 MIN. 18 SEC. E A DISTANCE OF 909.86ꞌ FEET TO A POINT; THENCE S 17 DEG. 18 MIN. 21 SEC. E A DISTANCE OF 958.89ꞌ FEET TO A POINT; SAID POINT BEING N 74 DEG. 33 MIN. 24 SEC. E A DISTANCE OF 112.83ꞌ FEET FROM P.R.M. 13-84-B05. THENCE S 17 DEG. 18 MIN. 23 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER OF THE NORTH SIDE OF LONGBOAT PASS, SAID POINT BEING THE SOUTHEASTERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR ANNA MARIA KEY, MANATEE COUNTY, FLORIDA.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE FOR LONGBOAT KEY MANATEE COUNTY, FLORIDA

COMMENCE AT LONGBOAT 1984 (U.S.C.E.) THENCE S 43 DEG. 00 MIN. 26 SEC. W A DISTANCE OF 1,122.75ꞌ FEET TO THE POINT OF BEGINNING; THENCE N 27 DEG. 03 MIN. 15 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER OF THE SOUTH SIDE OF LONGBOAT PASS AT THE NORTHWEST END OF LONGBOAT KEY, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THE

COASTAL CONSTRUCTION CONTROL LINE FOR LONGBOAT KEY; THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING.

THENCE S 27 DEG. 03 MIN. 15 SEC. W A DISTANCE OF 122.62ꞌ FEET TO A POINT; THENCE S 06 DEG. 51 MIN. 04 SEC. E A DISTANCE OF 280.35ꞌ FEET TO A POINT; SAID POINT BEING S 77 DEG. 53 MIN. 25 SEC. W A DISTANCE OF 1,194.68ꞌ FEET FROM P.R.M. 13-84-B06.

THENCE S 26 DEG. 12 MIN. 29 SEC. E A DISTANCE OF 1,157.07ꞌ FEET TO A POINT; THENCE S 54 DEG. 14 MIN. 33 SEC. E A DISTANCE OF 932.87ꞌ FEET TO A POINT; SAID POINT BEING S 39 DEG. 07 MIN. 20 SEC. E A DISTANCE OF 59.33ꞌ FEET FROM P.R.M. 13-84-B07.

THENCE S 47 DEG. 10 MIN. 21 SEC. E A DISTANCE OF 1,186.58ꞌ FEET TO A POINT; THENCE S 40 DEG. 55 MIN. 28 SEC. E A DISTANCE OF 862.99ꞌ FEET TO A POINT; SAID POINT BEING S 63 DEG. 04 MIN. 20 SEC. E A DISTANCE OF 458.94ꞌ FEET FROM P.R.M. 13-84-B08.

THENCE S 45 DEG. 42 MIN. 40 SEC. E A DISTANCE OF 1,036.47ꞌ FEET TO A POINT; SAID POINT BEING N 46 DEG. 50 MIN. 46 SEC. E A DISTANCE OF 61.72ꞌ FEET FROM P.R.M. 13-84-B09.

THENCE S 60 DEG. 21 MIN. 42 SEC. E A DISTANCE OF 363.40ꞌ FEET TO A POINT; THENCE S 49 DEG. 44 MIN. 53 SEC. E A DISTANCE OF 1,003.73ꞌ FEET TO A POINT; SAID POINT BEING N 73 DEG. 04 MIN. 24 SEC. W A DISTANCE OF 335.58ꞌ FEET FROM P.R.M. 13-84-B10.

THENCE S 58 DEG. 03 MIN. 14 SEC. E A DISTANCE OF 985.21ꞌ FEET TO A POINT; THENCE S 54 DEG. 52 MIN. 17 SEC. E A DISTANCE OF 926.99ꞌ FEET TO A POINT; THENCE S 46 DEG. 28 MIN. 26 SEC. E A DISTANCE OF 1,185.85ꞌ FEET TO A POINT; SAID POINT BEING S 16 DEG. 35 MIN. 23 SEC. W A DISTANCE OF 66.27ꞌ FEET FROM P.R.M. 13-84-B11.

THENCE S 38 DEG. 11 MIN. 35 SEC. E A DISTANCE OF 935.68ꞌ FEET TO A POINT; THENCE S 35 DEG. 57 MIN. 57 SEC. E A DISTANCE OF 775.94ꞌ FEET TO A POINT; THENCE S 41 DEG. 56 MIN. 06 SEC. E A DISTANCE OF 985.88ꞌ FEET TO A POINT; THENCE S 41 DEG. 35 MIN. 47 SEC. E A DISTANCE OF 980.48ꞌ FEET TO A POINT; SAID POINT BEING S 65 DEG. 50 MIN. 07 SEC. W A DISTANCE OF 128.78ꞌ FEET FROM P.R.M. 13-84-B12.

THENCE S 41 DEG. 26 MIN. 20 SEC. E A DISTANCE OF 918.77ꞌ FEET TO A POINT; THENCE S 37 DEG. 26 MIN. 20 SEC. E A DISTANCE OF 881.98ꞌ FEET TO A POINT; THENCE S 37 DEG. 40 MIN. 44 SEC. E A DISTANCE OF 1,096.27ꞌ FEET TO A POINT; THENCE S 37 DEG. 21 MIN. 12 SEC. E A DISTANCE OF 987.82ꞌ FEET TO A POINT; SAID POINT BEING N 75 DEG. 33 MIN. 20 SEC. W A DISTANCE OF 502.62ꞌ FEET FROM P.R.M. 13-84-B13.

THENCE S 36 DEG. 04 MIN. 46 SEC. E A DISTANCE OF 1,263.37ꞌ FEET TO A POINT; THENCE S 32 DEG. 53 MIN. 50 SEC. E A DISTANCE OF 962.20ꞌ FEET TO A POINT; THENCE S 32 DEG. 49 MIN. 10 SEC. E A DISTANCE OF 1,073.78ꞌ FEET TO A POINT THENCE S 32 DEG. 20 MIN. 32 SEC. E A DISTANCE OF 962.12ꞌ FEET TO A POINT; SAID POINT BEING S 16 DEG. 40 MIN. 25 SEC. W A DISTANCE OF 129.90ꞌ FEET FROM P.R.M. 13-84-B14.

THENCE S 34 DEG. 53 MIN. 53 SEC. E A DISTANCE OF 1,117.17ꞌ FEET TO A POINT; THENCE S 32 DEG. 59 MIN. 56 SEC E A DISTANCE OF 929.76ꞌ FEET TO A POINT; SAID POINT BEING N 37 DEG. 50 MIN. 32 SEC. W A DISTANCE 695.36ꞌ FEET FROM P.R.M. 17-84-A01.

THENCE S 32 DEG. 59 MIN. 56 SEC. E TO THE POINT OF INTERSECTION WITH THE MANATEE AND SARASOTA COUNTY LINE, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR MANATEE COUNTY.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 9-28-77, Formerly 16B-26.08, Amended 8-26-87, Formerly 16B-26.008, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.009 Description of the Sarasota County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Sarasota County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule amendment shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Sarasota County, Florida, together with each affected municipality.

(3) After this rule amendment becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE SARASOTA COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S. SAID CONTROL LINE LYING ALONG THE COAST OF THE GULF OF MEXICO FROM THE SARASOTA-MANATEE COUNTY LINE SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF NEW PASS. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF NEW PASS CONTINUING SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF BIG SARASOTA PASS. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF BIG SARASOTA PASS CONTINUING SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF VENICE INLET. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF VENICE INLET CONTINUING SOUTHERLY TO ITS TERMINUS AT THE SARASOTA-CHARLOTTE COUNTY LINE.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “17-84-A01 THROUGH 17-84-A35,” “ROCKS 2 1935,” “17-84-B01 THROUGH 17-84-B17,” “VENICE 1934,” “17-84-C01 THROUGH 17-84-C13,” “17-84-C13C AND 17-84-C13E,” “17-84-C14 THROUGH 17-84-C21.”

MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.), SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE WEST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON 1979 ADJUSTMENT OF NORTH AMERICAN 1927 DATUM. THE BEARING BASE FOR THIS DESCRIPTION WAS DETERMINED BY POLARIS OBSERVATIONS MADE AT PERMANENT REFERENCE MONUMENTS (P.R.M.) 17-84-A01, 17-84-A21, 17-84-B02, 17-84-B10, 17-84-C04 AND 17-84-C13.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE FOR SARASOTA COUNTY, FLORIDA

COMMENCE AT P.R.M. 17-84-A01 THENCE N 53 DEG. 31 MIN. 13 SEC. W A DISTANCE OF 156.72ꞌ FEET TO THE POINT OF BEGINNING; THENCE N 32 DEG. 59 MIN. 56 SEC. W TO THE INTERSECTION WITH THE SARASOTA-MANATEE COUNTY LINE, SAID POINT BEING THE NORTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR SARASOTA COUNTY; THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING. SAID POINT BEING N 53 DEG. 31 MIN. 13 SEC. W A DISTANCE OF 156.72ꞌ FEET FROM P.R.M. 17-84-A01.

THENCE S 31 DEG. 42 MIN. 26 SEC. E A DISTANCE OF 1,004.88ꞌ FEET TO A POINT, SAID POINT BEING N 54 DEG. 16 MIN. 49 SEC. E A DISTANCE OF 214.49ꞌ FEET FROM P.R.M. 17-84-A02.

THENCE S 29 DEG. 14 MIN. 45 SEC. E A DISTANCE OF 968.83ꞌ FEET TO A POINT, THENCE S 26 DEG. 32 MIN. 28 SEC. E A DISTANCE OF 961.15ꞌ FEET TO A POINT, THENCE S 23 DEG. 15 MIN. 07 SEC. E A DISTANCE OF 1,006.22ꞌ FEET TO A POINT, SAID POINT BEING S 48 DEG. 23 MIN. 36 SEC. E A DISTANCE OF 622.14ꞌ FEET FROM P.R.M. 17-84-A03.

THENCE S 31 DEG. 55 MIN. 10 SEC. E A DISTANCE OF 927.33ꞌ FEET TO A POINT, THENCE S 31 DEG. 46 MIN. 06 SEC. E A DISTANCE OF 1,044.64ꞌ FEET TO A POINT, SAID POINT BEING S 40 DEG. 32 MIN. 01 SEC. E A DISTANCE OF 287.34ꞌ FEET FROM P.R.M. 17-84-A04.

THENCE S 31 DEG. 34 MIN. 12 SEC. E A DISTANCE OF 961.59ꞌ FEET TO A POINT, THENCE S 34 DEG. 39 MIN. 48 SEC. E A DISTANCE OF 989.63ꞌ FEET TO A POINT, THENCE S 34 DEG. 54 MIN. 38 SEC. E A DISTANCE OF 1,006.02ꞌ FEET TO A POINT, THENCE S 34 DEG. 49 MIN. 16 SEC. E A DISTANCE OF 1,039.79ꞌ FEET TO A POINT, SAID POINT BEING S 50 DEG. 01 MIN. 22 SEC. E A DISTANCE OF 369.57ꞌ FEET FROM P.R.M. 17-84-A05.

THENCE S 35 DEG. 43 MIN. 46 SEC. E A DISTANCE OF 1,035.92ꞌ FEET TO A POINT, SAID POINT BEING S 85 DEG. 01 MIN. 00 SEC. W A DISTANCE OF 459.65ꞌ FEET FROM P.R.M. 17-84-A06.

THENCE S 35 DEG. 28 MIN. 14 SEC. E A DISTANCE OF 999.24ꞌ FEET TO A POINT, THENCE S 43 DEG. 51 MIN. 44 SEC. E A DISTANCE OF 995.59ꞌ FEET TO A POINT, THENCE S 40 DEG. 06 MIN. 41 SEC. E A DISTANCE OF 999.42ꞌ FEET TO A POINT, SAID POINT BEING S 01 DEG. 00 MIN. 50 SEC. W A DISTANCE OF 590.39ꞌ FEET FROM P.R.M. 17-84-A07.

THENCE S 39 DEG. 15 MIN. 00 SEC. E A DISTANCE OF 1,002.23ꞌ FEET TO A POINT, THENCE S 39 DEG. 20 MIN. 16 SEC. E A DISTANCE OF 1,253.17ꞌ FEET TO A POINT, THENCE S 48 DEG. 00 MIN. 21 SEC. E A DISTANCE OF 663.25ꞌ FEET TO A POINT, SAID POINT BEING S 66 DEG. 12 MIN. 00 SEC. W A DISTANCE OF 600.70ꞌ FEET FROM P.R.M. 17-84-A08.

THENCE S 47 DEG. 54 MIN. 19 SEC. E A DISTANCE OF 1,011.12ꞌ FEET TO A POINT, THENCE S 44 DEG. 34 MIN. 38 SEC. E A DISTANCE OF 1,012.92ꞌ FEET TO A POINT, THENCE S 36 DEG. 49 MIN. 05 SEC. E A DISTANCE OF 975.94ꞌ FEET TO A POINT, SAID POINT BEING S 74 DEG. 29 MIN. 17 SEC. W A DISTANCE OF 694.56ꞌ FEET FROM P.R.M. 17-84-A09.

THENCE S 41 DEG. 22 MIN. 26 SEC. E A DISTANCE OF 1,005.53ꞌ FEET TO A POINT, THENCE S 41 DEG. 28 MIN. 23 SEC. E A DISTANCE OF 1,041.14ꞌ FEET TO A POINT, THENCE S 38 DEG. 34 MIN. 53 SEC. E A DISTANCE OF 1,102.63ꞌ FEET TO A POINT, SAID POINT BEING S 50 DEG. 46 MIN. 40 SEC. W A DISTANCE OF 747.36ꞌ FEET FROM P.R.M. 17-84-A10.

THENCE S 38 DEG. 29 MIN. 03 SEC. E A DISTANCE OF 875.58ꞌ FEET TO A POINT, THENCE S 44 DEG. 14 MIN. 33 SEC. E A DISTANCE OF 958.68ꞌ FEET TO A POINT, THENCE S 42 DEG. 00 MIN. 01 SEC. E A DISTANCE OF 977.90ꞌ FEET TO A POINT, SAID POINT BEING S 65 DEG. 33 MIN. 04 SEC. W A DISTANCE OF 2,374.72ꞌ FEET FROM P.R.M. 17-84-A11.

THENCE S 41 DEG. 55 MIN. 59 SEC. E A DISTANCE OF 970.81ꞌ FEET TO A POINT, SAID POINT BEING S 57 DEG. 18 MIN. 59 SEC. W A DISTANCE OF 683.37ꞌ FEET FROM P.R.M. 17-84-A12.

THENCE S 61 DEG. 37 MIN. 30 SEC. E A DISTANCE OF 878.49ꞌ FEET TO A POINT, SAID POINT BEING N 55 DEG. 13 MIN. 07 SEC. W A DISTANCE OF 265.66ꞌ FEET FROM P.R.M. 17-84-A13.

THENCE S 61 DEG. 37 MIN. 30 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH SHORE OF NEW PASS, THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 55 DEG. 13 MIN. 07 SEC. W A DISTANCE OF 265.66ꞌ FEET FROM P.R.M. 17-84-A13.

RECOMMENCE AT P.R.M. 17-84-A14, THENCE N 40 DEG. 43 MIN. 23 SEC. E A DISTANCE OF 528.66ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 03 DEG. 02 MIN. 37 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTH SHORE OF NEW PASS, THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 40 DEG. 43 MIN. 23 SEC. E A DISTANCE OF 528.66ꞌ FEET FROM P.R.M. 17-84-A14.

THENCE S 03 DEG. 02 MIN. 37 SEC. E A DISTANCE OF 658.36ꞌ FEET TO A POINT, SAID POINT BEING N 09 DEG. 04 MIN. 28 SEC. W A DISTANCE OF 260.85ꞌ FEET FROM P.R.M. 17-84-A15.

THENCE S 09 DEG. 35 MIN. 34 SEC. E A DISTANCE OF 842.76ꞌ FEET TO A POINT, THENCE S 20 DEG. 20 MIN. 49 SEC. E A DISTANCE OF 682.01ꞌ FEET TO A POINT, THENCE S 42 DEG. 49 MIN. 05 SEC. E A DISTANCE OF 1,015.03ꞌ FEET TO A POINT, SAID POINT BEING S 46 DEG. 36 MIN. 13 SEC. W A DISTANCE OF 1,284.20ꞌ FEET FROM P.R.M. 17-84-A16.

THENCE S 66 DEG. 35 MIN. 36 SEC. E A DISTANCE OF 296.94ꞌ FEET TO A POINT, THENCE S 30 DEG. 24 MIN. 18 SEC. E A DISTANCE OF 760.00ꞌ FEET TO A POINT, SAID POINT BEING S 76 DEG. 42 MIN. 07 SEC. W A DISTANCE OF 1,146.44ꞌ FEET FROM P.R.M. 17-84-A17.

THENCE S 30 DEG. 24 MIN. 18 SEC. E A DISTANCE OF 967.25ꞌ FEET TO A POINT, SAID POINT BEING S 68 DEG. 13 MIN. 13 SEC. E A DISTANCE OF 548.61ꞌ FEET FROM P.R.M. 17-84-A18.

THENCE S 42 DEG. 03 MIN. 12 SEC. E A DISTANCE OF 945.87ꞌ FEET TO A POINT, SAID POINT BEING N 63 DEG. 27 MIN. 10 SEC. E A DISTANCE OF 281.44ꞌ FEET FROM P.R.M. 17-84-A19.

THENCE S 39 DEG. 55 MIN. 40 SEC. E A DISTANCE OF 947.74ꞌ FEET TO A POINT, THENCE S 32 DEG. 40 MIN. 49 SEC. E A DISTANCE OF 1,043.36ꞌ FEET TO A POINT, SAID POINT BEING S 04 DEG. 19 MIN. 30 SEC. W A DISTANCE OF 248.04ꞌ FEET FROM P.R.M. 17-84-A20.

THENCE S 31 DEG. 58 MIN. 11 SEC. E A DISTANCE OF 1,083.26ꞌ FEET TO A POINT, SAID POINT BEING N 75 DEG. 57 MIN. 17 SEC. W A DISTANCE OF 435.53ꞌ FEET FROM P.R.M. 17-84-A21.

THENCE S 23 DEG. 40 MIN. 28 SEC. E A DISTANCE OF 956.51ꞌ FEET TO A POINT, THENCE S 23 DEG. 54 MIN. 18 SEC. E A DISTANCE OF 936.87ꞌ FEET TO A POINT, SAID POINT BEING S 28 DEG. 32 MIN. 44 SEC. W A DISTANCE OF 109.57ꞌ FEET FROM P.R.M. 17-84-A22.

THENCE S 36 DEG. 53 MIN. 33 SEC. E A DISTANCE OF 945.31ꞌ FEET TO A POINT, THENCE S 54 DEG. 31 MIN. 16 SEC. E A DISTANCE OF 308.71ꞌ FEET TO A POINT, SAID POINT BEING N 72 DEG. 05 MIN. 06 SEC. W A DISTANCE OF 481.38ꞌ FEET FROM P.R.M. 17-84-A23.

THENCE S 54 DEG. 31 MIN. 15 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH SHORE OF BIG SARASOTA PASS, THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 72 DEG. 05 MIN. 06 SEC. W A DISTANCE OF 481.38 FEET FROM P.R.M. 17-84-A23.

RECOMMENCE AT P.R.M. 17-84-A25, THENCE N 71 DEG. 13 MIN. 43 SEC. W A DISTANCE OF 1,400.48ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 18 DEG. 03 MIN. 30 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTH SHORE OF BIG SARASOTA PASS, THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 71 DEG. 13 MIN. 43 SEC. W A DISTANCE OF 1,400.48ꞌ FEET FROM P.R.M. 17-84-A25.

THENCE S 18 DEG. 03 MIN. 30 SEC. E A DISTANCE OF 692.29ꞌ FEET TO A POINT, THENCE S 17 DEG. 50 MIN. 33 SEC. E A DISTANCE OF 767.53ꞌ FEET TO A POINT, THENCE S 47 DEG. 51 MIN. 21 SEC. E A DISTANCE OF 900.42ꞌ FEET TO A POINT, SAID POINT BEING N 30 DEG. 33 MIN. 47 SEC. W A DISTANCE OF 325.57ꞌ FEET FROM P.R.M. 17-84-A26.

THENCE S 57 DEG. 12 MIN. 13 SEC. E A DISTANCE OF 915.72ꞌ FEET TO A POINT, THENCE S 57 DEG. 25 MIN. 28 SEC. E A DISTANCE OF 1,097.68ꞌ FEET TO A POINT, SAID POINT BEING N 40 DEG. 56 MIN. 59 SEC. W A DISTANCE OF 328.14ꞌ FEET FROM P.R.M. 17-84-A27.

THENCE S 57 DEG. 27 MIN. 01 SEC. E A DISTANCE OF 999.21ꞌ FEET TO A POINT, THENCE S 57 DEG. 36 MIN. 12 SEC. E A DISTANCE OF 986.24ꞌ FEET TO A POINT, SAID POINT BEING N 85 DEG. 18 MIN. 53 SEC. E A DISTANCE OF 438.58ꞌ FEET FROM P.R.M. 17-84-A28.

THENCE S 74 DEG. 13 MIN. 11 SEC. E A DISTANCE OF 1,150.83ꞌ FEET TO A POINT, SAID POINT BEING S 85 DEG. 53 MIN. 12 SEC. E A DISTANCE OF 591.45ꞌ FEET FROM P.R.M. 17-84-A29.

THENCE S 56 DEG. 07 MIN. 49 SEC. E A DISTANCE OF 1,085.32ꞌ FEET TO A POINT, SAID POINT BEING S 50 DEG. 20 MIN. 25 SEC. W A DISTANCE OF 902.27ꞌ FEET FROM P.R.M. 17-84-A30.

THENCE S 46 DEG. 47 MIN. 53 SEC. E A DISTANCE OF 1,034.30ꞌ FEET TO A POINT, SAID POINT BEING S 52 DEG. 03 MIN. 58 SEC. W A DISTANCE OF 1,099.82ꞌ FEET FROM P.R.M. 17-84-A31.

THENCE S 46 DEG. 47 MIN. 40 SEC. E A DISTANCE OF 1,137.06ꞌ FEET TO A POINT, THENCE S 36 DEG. 58 MIN. 11 SEC. E A DISTANCE OF 1,067.14ꞌ FEET TO A POINT, SAID POINT BEING S 42 DEG. 23 MIN. 22 SEC. W A DISTANCE OF 823.97ꞌ FEET FROM P.R.M. 17-84-A32.

THENCE S 36 DEG. 51 MIN. 18 SEC. E A DISTANCE OF 949.82ꞌ FEET TO A POINT, THENCE S 29 DEG. 30 MIN. 17 SEC. E A DISTANCE OF 1,067.43ꞌ FEET TO A POINT, SAID POINT BEING S 21 DEG. 41 MIN. 40 SEC. W A DISTANCE OF 787.61ꞌ FEET FROM P.R.M. 17-84-A33.

THENCE S 29 DEG. 16 MIN. 31 SEC. E A DISTANCE OF 1,004.26ꞌ FEET TO A POINT, SAID POINT BEING N 69 DEG. 34 MIN. 55 SEC. W A DISTANCE OF 405.68ꞌ FEET FROM P.R.M. 17-84-A34.

THENCE S 25 DEG. 46 MIN. 23 SEC. E A DISTANCE OF 958.58 FEET TO A POINT, THENCE S 25 DEG. 37 MIN. 10 SEC. E A DISTANCE OF 584.77ꞌ FEET TO A POINT, THENCE S 06 DEG. 57 MIN. 32 SEC. W A DISTANCE OF 555.60ꞌ FEET TO A POINT, SAID POINT BEING N 84 DEG. 09 MIN. 09 SEC. W A DISTANCE OF 1,273.46ꞌ FEET FROM P.R.M. 17-84-A35.

THENCE S 06 DEG. 57 MIN. 32 SEC. W A DISTANCE OF 460.00ꞌ FEET TO A POINT, THENCE S 37 DEG. 37 MIN. 48 SEC. E A DISTANCE OF 599.00ꞌ FEET TO A POINT, SAID POINT BEING N 15 DEG. 56 MIN. 49 SEC. W A DISTANCE OF 736.28ꞌ FEET FROM P.R.M. ROCKS-2 1935.

THENCE S 37 DEG. 06 MIN. 58 SEC. E A DISTANCE OF 776.19ꞌ FEET TO A POINT, SAID POINT BEING N 03 DEG. 15 MIN. 12 SEC. E A DISTANCE OF 54.87ꞌ FEET FROM P.R.M. 17-84-B01.

THENCE S 52 DEG. 18 MIN. 17 SEC. E A DISTANCE OF 836.14ꞌ FEET TO A POINT, SAID POINT BEING S 82 DEG. 34 MIN. 44 SEC. E A DISTANCE OF 736.47ꞌ FEET FROM P.R.M. 17-84-B02.

THENCE S 37 DEG. 14 MIN. 27 SEC. E A DISTANCE OF 1,058.84ꞌ FEET TO A POINT, THENCE S 45 DEG. 05 MIN. 41 SEC. E A DISTANCE OF 1,128.06ꞌ FEET TO A POINT, THENCE S 33 DEG. 18 MIN. 12 SEC. E A DISTANCE OF 1,052.18ꞌ FEET TO A POINT, THENCE S 28 DEG. 02 MIN. 36 SEC. E A DISTANCE OF 1,016.21ꞌ FEET TO A POINT, THENCE S 12 DEG. 43 MIN. 14 SEC. E A DISTANCE OF 1,029.81ꞌ FEET TO A POINT, THENCE S 25 DEG. 17 MIN. 39 SEC. E A DISTANCE OF 975.91ꞌ FEET TO A POINT, THENCE S 37 DEG. 37 MIN. 58 SEC. E A DISTANCE OF 1,079.68ꞌ FEET TO A POINT, SAID POINT BEING N 69 DEG. 12 MIN. 00 SEC. E A DISTANCE OF 396.12ꞌ FEET FROM P.R.M. 17-84-B03.

THENCE S 23 DEG. 42 MIN. 46 SEC. E A DISTANCE OF 1,005.75ꞌ FEET TO A POINT, THENCE S 14 DEG. 58 MIN. 04 SEC. E A DISTANCE OF 987.57ꞌ FEET TO A POINT, SAID POINT BEING S 45 DEG. 39 MIN. 07 SEC. W A DISTANCE OF 455.90ꞌ FEET FROM P.R.M. 17-84-B04.

THENCE S 13 DEG. 46 MIN. 16 SEC. E A DISTANCE OF 1,031.41ꞌ FEET TO A POINT, THENCE S 25 DEG. 37 MIN. 07 SEC. E A DISTANCE OF 1,008.67ꞌ FEET TO A POINT, SAID POINT BEING N 48 DEG. 17 MIN. 29 SEC. W A DISTANCE OF 793.08ꞌ FEET FROM P.R.M. 17-84-B05.

THENCE S 30 DEG. 27 MIN. 12 SEC. E A DISTANCE OF 1,012.95ꞌ FEET TO A POINT, SAID POINT BEING N 52 DEG. 42 MIN. 23 SEC. W A DISTANCE OF 433.01ꞌ FEET FROM P.R.M. 17-84-B06.

THENCE S 30 DEG. 27 MIN. 12 SEC. E A DISTANCE OF 700.00ꞌ FEET TO A POINT, THENCE S 39 DEG. 09 MIN. 11 SEC. E A DISTANCE OF 1,437.56ꞌ FEET TO A POINT, THENCE S 21 DEG. 31 MIN. 34 SEC. E A DISTANCE OF 55.00ꞌ FEET TO A POINT, SAID POINT BEING N 75 DEG. 29 MIN. 52 SEC. E A DISTANCE OF 386.34ꞌ FEET FROM P.R.M. 17-84-B07.

THENCE S 21 DEG. 31 MIN. 36 SEC. E A DISTANCE OF 1,152.12ꞌ FEET TO A POINT, THENCE S 21 DEG. 36 MIN. 22 SEC. E A DISTANCE OF 997.22ꞌ FEET TO A POINT, THENCE S 21 DEG. 11 MIN. 50 SEC. E A DISTANCE OF 993.68ꞌ FEET TO A POINT, THENCE S 18 DEG. 50 MIN. 22 SEC. E A DISTANCE OF 999.91ꞌ FEET TO A POINT, SAID POINT BEING N 34 DEG. 13 MIN. 57 SEC. E A DISTANCE OF 487.97ꞌ FEET FROM P.R.M. 17-84-B08.

THENCE S 22 DEG. 34 MIN. 45 SEC. E A DISTANCE OF 935.09ꞌ FEET TO A POINT, THENCE S 22 DEG. 29 MIN. 17 SEC. E A DISTANCE OF 946.30ꞌ FEET TO A POINT, THENCE S 16 DEG. 28 MIN. 53 SEC. E A DISTANCE OF 1,062.02ꞌ FEET TO A POINT, SAID POINT BEING N 29 DEG. 10 MIN. 15 SEC. E A DISTANCE OF 412.94ꞌ FEET FROM P.R.M. 17-84-B09.

THENCE S 17 DEG. 41 MIN. 05 SEC. E A DISTANCE OF 1,030.53ꞌ FEET TO A POINT, THENCE S 17 DEG. 46 MIN. 09 SEC. E A DISTANCE OF 984.25ꞌ FEET TO A POINT, THENCE S 18 DEG. 34 MIN. 30 SEC. E A DISTANCE OF 1,059.18ꞌ FEET TO A POINT, THENCE S 18 DEG. 28 MIN. 36 SEC. E A DISTANCE OF 1,108.92ꞌ FEET TO A POINT, THENCE S 24 DEG. 21 MIN. 19 SEC. E A DISTANCE OF 1,131.46ꞌ FEET TO A POINT, THENCE S 24 DEG. 07 MIN. 32 SEC. E A DISTANCE OF 956.90ꞌ FEET TO A POINT, SAID POINT BEING S 72 DEG. 13 MIN. 39 SEC. E A DISTANCE OF 387.49ꞌ FEET FROM P.R.M. 17-84-B10.

THENCE S 28 DEG. 29 MIN. 03 SEC. E A DISTANCE OF 1,036.79ꞌ FEET TO A POINT, THENCE S 37 DEG. 56 MIN. 54 SEC. E A DISTANCE OF 1,045.45ꞌ FEET TO A POINT, THENCE S 28 DEG. 00 MIN. 42 SEC. E A DISTANCE OF 1,016.63ꞌ FEET TO A POINT, SAID POINT BEING S 67 DEG. 48 MIN. 15 SEC. E A DISTANCE OF 372.01ꞌ FEET FROM P.R.M. 17-84-B11.

THENCE S 27 DEG. 48 MIN 50 SEC. E A DISTANCE OF 1,088.76ꞌ FEET TO A POINT, THENCE S 29 DEG. 19 MIN. 56 SEC. E A DISTANCE OF 1,123.23ꞌ FEET TO A POINT, THENCE S 29 DEG. 27 MIN. 31 SEC. E A DISTANCE OF 991.47ꞌ FEET TO A POINT, THENCE S 26 DEG. 37 MIN. 46 SEC. E A DISTANCE OF 995.34ꞌ FEET TO A POINT, THENCE S 26 DEG. 25 MIN. 50 SEC. E A DISTANCE OF 942.09ꞌ FEET TO A POINT, SAID POINT BEING N 06 DEG. 03 MIN. 50 SEC. W A DISTANCE OF 354.08ꞌ FEET FROM P.R.M. 17-84-B12.

THENCE S 28 DEG. 21 MIN. 25 SEC. E A DISTANCE OF 1,040.08ꞌ FEET TO A POINT, SAID POINT BEING N 09 DEG. 01 MIN. 55 SEC. W A DISTANCE OF 473.01 FEET FROM P.R.M. 17-84-B13.

THENCE S 25 DEG. 15 MIN. 47 SEC. E A DISTANCE OF 983.14ꞌ FEET TO A POINT, THENCE S 24 DEG. 05 MIN. 57 SEC. E A DISTANCE OF 1,029.70ꞌ FEET TO A POINT, THENCE S 24 DEG. 12 MIN. 38 SEC. E A DISTANCE OF 1,019.34ꞌ FEET TO A POINT, THENCE S 23 DEG. 58 MIN. 02 SEC. E A DISTANCE OF 1,042.23ꞌ FEET TO A POINT, THENCE S 20 DEG. 41 MIN. 23 SEC. E A DISTANCE OF 1,063.35ꞌ FEET TO A POINT, THENCE S 00 DEG. 58 MIN. 05 SEC. E A DISTANCE OF 408.04ꞌ FEET TO A POINT, THENCE S 26 DEG. 39 MIN. 58 SEC. E A DISTANCE OF 629.64ꞌ FEET TO A POINT, SAID POINT BEING S 59 DEG. 30 MIN. 50 SEC. E A DISTANCE OF 217.27ꞌ FEET FROM P.R.M. 17-84-B14.

THENCE S 16 DEG. 20 MIN. 38 SEC. E A DISTANCE OF 1,097.15ꞌ FEET TO A POINT, THENCE S 13 DEG. 45 MIN. 52 SEC. E A DISTANCE OF 977.64ꞌ FEET TO A POINT, THENCE S 13 DEG. 39 MIN. 43 SEC. E A DISTANCE OF 970.07ꞌ FEET TO A POINT, THENCE S 13 DEG. 31 MIN. 49 SEC. E A DISTANCE OF 1,023.33ꞌ FEET TO A POINT, SAID POINT BEING N 74 DEG. 59 MIN. 58 SEC. E A DISTANCE OF 30.00ꞌ FEET FROM P.R.M. 17-84-B15.

THENCE S 15 DEG. 20 MIN. 02 SEC. E A DISTANCE OF 928.91ꞌ FEET TO A POINT, THENCE S 13 DEG. 30 MIN. 10 SEC. E A DISTANCE OF 890.19ꞌ FEET TO A POINT, THENCE S 13 DEG. 45 MIN. 05 SEC. E A DISTANCE OF 1,159.68ꞌ FEET TO A POINT, SAID POINT BEING N 37 DEG. 19 MIN. 25 SEC. E A DISTANCE OF 1,212.47ꞌ FEET FROM P.R.M. 17-84-B16.

THENCE S 13 DEG. 45 MIN. 05 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH SHORE OF VENICE INLET, THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 37 DEG. 19 MIN. 25 SEC. E A DISTANCE OF 1,212.47ꞌ FEET FROM P.R.M. 17-84-B16.

RECOMMENCE AT P.R.M. 17-84-B16, THENCE S 71 DEG. 44 MIN. 11 SEC. E A DISTANCE OF 1,812.04ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 27 DEG. 44 MIN. 19 SEC. W TO THE POINT OF INTERSECTION WITH THE SOUTH SHORE OF VENICE INLET, THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 71 DEG. 44 MIN. 11 SEC. E A DISTANCE OF 1,812.04ꞌ FEET FROM P.R.M. 17-84-B16.

THENCE S 27 DEG. 44 MIN. 19 SEC. E A DISTANCE OF 1,046.18ꞌ FEET TO A POINT, THENCE S 24 DEG. 47 MIN. 39 SEC. E A DISTANCE OF 930.19ꞌ FEET TO A POINT, THENCE S 02 DEG. 40 MIN. 50 SEC. E A DISTANCE OF 421.93ꞌ FEET TO A POINT, THENCE S 42 DEG. 29 MIN. 17 SEC. E A DISTANCE OF 760.05ꞌ FEET TO A POINT, SAID POINT BEING N 21 DEG. 06 MIN. 02 SEC. E A DISTANCE OF 759.68ꞌ FEET FROM P.R.M. 17-84-B17.

THENCE S 16 DEG. 18 MIN. 00 SEC. E A DISTANCE OF 948.70ꞌ FEET TO A POINT, SAID POINT BEING S 39 DEG. 26 MIN. 43 SEC. E A DISTANCE OF 214.84ꞌ FEET FROM P.R.M. VENICE 1934.

THENCE S 16 DEG. 13 MIN. 39 SEC. E A DISTANCE OF 1,078.58ꞌ FEET TO A POINT, THENCE S 15 DEG. 25 MIN. 45 SEC. E A DISTANCE OF 961.08ꞌ FEET TO A POINT, SAID POINT BEING N 56 DEG. 03 MIN. 13 SEC. E A DISTANCE OF 494.59ꞌ FEET FROM P.R.M. 17-84-C01.

THENCE S 15 DEG. 19 MIN. 05 SEC. E A DISTANCE OF 883.45ꞌ FEET TO A POINT, THENCE S 15 DEG. 13 MIN. 54 SEC. E A DISTANCE OF 964.90ꞌ FEET TO A POINT, THENCE S 14 DEG. 58 MIN. 27 SEC. E A DISTANCE OF 960.09ꞌ FEET TO A POINT, SAID POINT BEING S 59 DEG. 20 MIN. 35 SEC. E A DISTANCE OF 785.36ꞌ FEET FROM P.R.M. 17-84-C02.

THENCE S 23 DEG. 25 MIN. 13 SEC. E A DISTANCE OF 944.16ꞌ FEET TO A POINT, THENCE S 18 DEG. 19 MIN. 51 SEC. E A DISTANCE OF 1,006.39ꞌ FEET TO A POINT, THENCE S 17 DEG. 22 MIN. 19 SEC. E A DISTANCE OF 976.64ꞌ FEET TO A POINT, SAID POINT BEING N 89 DEG. 32 MIN. 27 SEC. E A DISTANCE OF 463.24ꞌ FEET FROM P.R.M. 17-84-C03.

THENCE S 17 DEG. 05 MIN. 19 SEC. E A DISTANCE OF 966.28ꞌ FEET TO A POINT, THENCE S 16 DEG. 59 MIN. 57 SEC. E A DISTANCE OF 1,016.41ꞌ FEET TO A POINT, THENCE S 18 DEG. 54 MIN. 39 SEC. E A DISTANCE OF 994.07ꞌ FEET TO A POINT, SAID POINT BEING N 85 DEG. 48 MIN. 57 SEC. E A DISTANCE OF 455.56ꞌ FEET FROM P.R.M. 17-84-C04.

THENCE S 19 DEG. 07 MIN. 48 SEC. E A DISTANCE OF 973.27 FEET TO A POINT, THENCE S 19 DEG. 01 MIN. 27 SEC. E A DISTANCE OF 1,021.43ꞌ FEET TO A POINT, THENCE S 21 DEG. 31 MIN. 45 SEC. E A DISTANCE OF 1,017.17ꞌ FEET TO A POINT, THENCE S 21 DEG. 31 MIN. 45 SEC. E A DISTANCE OF 563.00ꞌ FEET TO A POINT, THENCE S 70 DEG. 12 MIN. 56 SEC. W A DISTANCE OF 331.76ꞌ FEET TO A POINT, THENCE S 30 DEG. 15 MIN. 47 SEC. E A DISTANCE OF 449.00ꞌ FEET TO A POINT, SAID POINT BEING N 12 DEG. 24 MIN. 18 SEC. W A DISTANCE OF 726.84ꞌ FEET FROM P.R.M. 17-84-C05.

THENCE S 30 DEG. 15 MIN. 47 SEC. E A DISTANCE OF 1,014.57ꞌ FEET TO A POINT, THENCE S 27 DEG. 49 MIN. 52 SEC. E A DISTANCE OF 994.72ꞌ FEET TO A POINT, THENCE S 27 DEG. 52 MIN. 11 SEC. E A DISTANCE OF 1,009.87ꞌ FEET TO A POINT, SAID POINT BEING S 88 DEG. 41 MIN. 28 SEC. E A DISTANCE OF 233.18ꞌ FEET FROM P.R.M. 17-84-C06.

THENCE S 27 DEG. 52 MIN. 11 SEC. E A DISTANCE OF 267.00ꞌ FEET TO A POINT, THENCE S 57 DEG. 16 MIN. 07 SEC. E A DISTANCE OF 329.17ꞌ FEET TO A POINT, THENCE S 27 DEG. 29 MIN. 35 SEC. E A DISTANCE OF 445.00ꞌ FEET TO A POINT, THENCE S 27 DEG. 29 MIN. 35 SEC. E A DISTANCE OF 1,036.77ꞌ FEET TO A POINT, SAID POINT BEING S 77 DEG. 28 MIN. 03 SEC. E A DISTANCE OF 332.87ꞌ FEET FROM P.R.M. 17-84-C07.

THENCE S 27 DEG. 26 MIN. 50 SEC. E A DISTANCE OF 957.61ꞌ FEET TO A POINT, THENCE S 33 DEG. 06 MIN. 47 SEC. E A DISTANCE OF 986.75ꞌ FEET TO A POINT, SAID POINT BEING N 34 DEG. 16 MIN. 47 SEC. W A DISTANCE OF 233.01ꞌ FEET FROM P.R.M. 17-84-C08.

THENCE S 31 DEG. 52 MIN. 48 SEC. E A DISTANCE OF 267.32ꞌ FEET TO A POINT, THENCE S 45 DEG. 57 MIN. 35 SEC. W A DISTANCE OF 132.16ꞌ FEET TO A POINT, THENCE S 33 DEG. 23 MIN. 26 SEC. E A DISTANCE OF 715.31ꞌ FEET TO A POINT, SAID POINT BEING N 12 DEG. 56 MIN. 27 SEC. W A DISTANCE OF 315.22ꞌ FEET FROM P.R.M. 17-84-C09.

THENCE S 32 DEG. 07 MIN. 53 SEC. E A DISTANCE OF 256.56ꞌ FEET TO A POINT, THENCE N 71 DEG. 03 MIN. 40 SEC. E A DISTANCE OF 130.18ꞌ FEET TO A POINT, THENCE S 31 DEG. 35 MIN. 54 SEC. E A DISTANCE OF 723.08ꞌ FEET TO A POINT, THENCE S 31 DEG. 32 MIN. 29 SEC. E A DISTANCE OF 979.75ꞌ FEET TO A POINT, THENCE S 31 DEG. 32 MIN. 29 SEC. E A DISTANCE OF 440.00ꞌ FEET TO A POINT, THENCE S 52 DEG. 32 MIN. 51 SEC. W A DISTANCE OF 110.22ꞌ FEET TO A POINT, THENCE S 31 DEG. 53 MIN. 59 SEC. E A DISTANCE OF 550.00ꞌ FEET TO A POINT, SAID POINT BEING S 54 DEG. 52 MIN. 51 SEC. E A DISTANCE OF 193.81ꞌ FEET FROM P.R.M. 17-84-C10.

THENCE S 31 DEG. 53 MIN. 59 SEC. E A DISTANCE OF 1,024.53ꞌ FEET TO A POINT, THENCE S 31 DEG. 41 MIN. 56 SEC. E A DISTANCE OF 996.68ꞌ FEET TO A POINT, THENCE S 31 DEG. 01 MIN. 55 SEC. E A DISTANCE OF 1,013.01ꞌ FEET TO A POINT, SAID POINT BEING S 84 DEG. 01 MIN. 59 SEC. E A DISTANCE OF 170.86ꞌ FEET FROM P.R.M. 17-84-C11.

THENCE S 29 DEG. 44 MIN. 06 SEC. E A DISTANCE OF 999.77ꞌ FEET TO A POINT, THENCE S 29 DEG. 25 MIN. 03 SEC. E A DISTANCE OF 1,037.92ꞌ FEET TO A POINT, THENCE S 31 DEG. 04 MIN. 54 SEC. E A DISTANCE OF 983.62ꞌ FEET TO A POINT, SAID POINT BEING S 79 DEG. 13 MIN. 27 SEC. E A DISTANCE OF 207.77ꞌ FEET FROM P.R.M. 17-84-C12.

THENCE S 30 DEG. 57 MIN. 09 SEC. E A DISTANCE OF 981.05ꞌ FEET TO A POINT, THENCE S 30 DEG. 32 MIN. 18 SEC. E A DISTANCE OF 1,007.79ꞌ FEET TO A POINT, THENCE S 30 DEG. 43 MIN. 37 SEC. E A DISTANCE OF 1,027.18ꞌ FEET TO A POINT, THENCE S 27 DEG. 21 MIN. 05 SEC. E A DISTANCE OF 1,016.71ꞌ FEET TO A POINT, THENCE S 27 DEG. 08 MIN. 21 SEC. E A DISTANCE OF 1,006.09ꞌ FEET TO A POINT, SAID POINT BEING N 62 DEG. 25 MIN. 47 SEC. E A DISTANCE OF 255.56ꞌ FEET FROM P.R.M. 17-84-C13.

THENCE S 24 DEG. 47 MIN. 18 SEC. E A DISTANCE OF 953.53ꞌ FEET TO A POINT, THENCE S 24 DEG. 31 MIN. 17 SEC. E A DISTANCE OF 1,027.55ꞌ FEET TO A POINT, SAID POINT BEING N 28 DEG. 14 MIN. 16 SEC. W A DISTANCE OF 145.98ꞌ FEET FROM P.R.M. 17-84-C13C.

THENCE S 22 DEG. 10 MIN. 29 SEC. E A DISTANCE OF 906.53ꞌ FEET TO A POINT, THENCE S 22 DEG. 54 MIN. 05 SEC. E A DISTANCE OF 1,025.09ꞌ FEET TO A POINT, THENCE S 22 DEG. 52 MIN. 14 SEC. E A DISTANCE OF 991.82ꞌ FEET TO A POINT, SAID POINT BEING S 31 DEG. 42 MIN. 30 SEC. W A DISTANCE OF 58.17ꞌ FEET FROM P.R.M. 17-84-C13E.

THENCE S 24 DEG. 10 MIN. 37 SEC. E A DISTANCE OF 978.27ꞌ FEET TO A POINT, THENCE S 25 DEG. 21 MIN. 44 SEC. E A DISTANCE OF 993.22ꞌ FEET TO A POINT, SAID POINT BEING N 29 DEG. 23 MIN. 31 SEC. W A DISTANCE OF 244.13ꞌ FEET FROM P.R.M. 17-84-C14.

THENCE S 25 DEG. 33 MIN. 34 SEC. E A DISTANCE OF 1,002.81ꞌ FEET TO A POINT, THENCE S 25 DEG. 32 MIN. 09 SEC. E A DISTANCE OF 1,001.00ꞌ FEET TO A POINT, SAID POINT BEING S 88 DEG. 47 MIN. 05 SEC. W A DISTANCE OF 178.62ꞌ FEET FROM P.R.M. 17-84-C15.

THENCE S 24 DEG. 34 MIN. 48 SEC. E A DISTANCE OF 997.98ꞌ FEET TO A POINT, THENCE S 24 DEG. 49 MIN. 35 SEC. E A DISTANCE OF 994.06ꞌ FEET TO A POINT, THENCE S 26 DEG. 21 MIN. 04 SEC. E A DISTANCE OF 1,000.15ꞌ FEET TO A POINT, SAID POINT BEING N 23 DEG. 14 MIN. 52 SEC. W A DISTANCE OF 383.71ꞌ FEET FROM P.R.M. 17-84-C16.

THENCE S 26 DEG. 55 MIN. 00 SEC. E A DISTANCE OF 956.36ꞌ FEET TO A POINT, THENCE S 31 DEG. 30 MIN. 14 SEC. E A DISTANCE OF 1,020.44ꞌ FEET TO A POINT, SAID POINT BEING N 13 DEG. 25 MIN. 29 SEC. W A DISTANCE OF 245.23ꞌ FEET FROM P.R.M. 17-84-C17.

THENCE S 31 DEG. 14 MIN. 14 SEC. E A DISTANCE OF 923.32ꞌ FEET TO A POINT, THENCE S 32 DEG. 20 MIN. 21 SEC. E A DISTANCE OF 1,036.75ꞌ FEET TO A POINT, SAID POINT BEING S 34 DEG. 59 MIN. 11 SEC. E A DISTANCE OF 476.68ꞌ FEET FROM P.R.M. 17-84-C18.

THENCE S 32 DEG. 14 MIN. 37 SEC. E A DISTANCE OF 940.77ꞌ FEET TO A POINT, THENCE S 30 DEG. 08 MIN. 51 SEC. E A DISTANCE OF 973.18ꞌ FEET TO A POINT, THENCE S 29 DEG. 56 MIN. 04 SEC. E A DISTANCE OF 1,016.33ꞌ FEET TO A POINT, THENCE S 32 DEG. 33 MIN. 11 SEC. E A DISTANCE OF 981.74ꞌ FEET TO A POINT, THENCE S 32 DEG. 06 MIN. 29 SEC. E A DISTANCE OF 991.77ꞌ FEET TO A POINT, SAID POINT BEING N 36 DEG. 13 MIN. 56 SEC. E A DISTANCE OF 128.95ꞌ FEET FROM P.R.M. 17-84-C19.

THENCE S 32 DEG. 40 MIN. 02 SEC. E A DISTANCE OF 978.84ꞌ FEET TO A POINT, THENCE S 31 DEG. 03 MIN. 43 SEC. E A DISTANCE OF 987.70ꞌ FEET TO A POINT, SAID POINT BEING S 89 DEG. 02 MIN. 09 SEC. E A DISTANCE OF 222.45ꞌ FEET FROM P.R.M. 17-84-C20.

THENCE S 30 DEG. 41 MIN. 52 SEC. E A DISTANCE OF 955.93ꞌ FEET TO A POINT, THENCE S 29 DEG. 18 MIN. 51 SEC. E A DISTANCE OF 946.12ꞌ FEET TO A POINT, THENCE S 29 DEG. 04 MIN. 11 SEC. E A DISTANCE OF 1,038.14ꞌ FEET TO A POINT, SAID POINT BEING N 09 DEG. 01 MIN. 47 SEC. W A DISTANCE OF 761.79ꞌ FEET FROM P.R.M. 17-84-C21.

THENCE S 29 DEG. 04 MIN. 11 SEC. E TO THE POINT OF INTERSECTION WITH THE SARASOTA-CHARLOTTE COUNTY LINE, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 9-19-78, Formerly 16B-26.09, Amended 1-26-89, Formerly 16B-26.009, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.010 Description of the Palm Beach County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Palm Beach County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit under Section 161.053, F.S., and Chapter 62B-33, F.A.C., to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE PALM BEACH COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S. SAID CONTROL LINE LYING ALONG THE COAST OF THE ATLANTIC OCEAN FROM THE PALM BEACH-MARTIN COUNTY LINE SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF JUPITER INLET. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF JUPITER INLET AND CONTINUING SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF NORTH LAKE WORTH INLET. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF NORTH LAKE WORTH INLET AND CONTINUING SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF SOUTH LAKE WORTH INLET. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF SOUTH LAKE WORTH INLET AND CONTINUING SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF BOCA RATON INLET. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF BOCA RATON INLET AND CONTINUING SOUTHERLY TO ITS TERMINUS AT THE PALM BEACH-BROWARD COUNTY LINE.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “MART CO 124 1984,” “S305 1970,” “93 89 A03-A 1991,” “HYDRO 21 PM BH 1990,” “06 78 B03-2 1989,” “06 78 C01 1978,” “93 89 A05,” “06 78 C03-A 1991,” “93 89 A06-A 1991,” “93 89 A06-B 1991,” “93 89 A07,” “06 78 C05-2 1989,” “06 78 C06 1978,” “93 89 A08,” “93 89 A08-A 1991,” “06 78 D02 1978,” “06 78 D03-2 1989,” “06 78 D03-A 1991,” “06 78 D04 1978,” “06 78 D05-2 1991,” “06 78 D05A 1991,” “06 78 D06 1978,” “BREAKERS 1929,” “93 89 A11,” “06 78 E04A 1978,” “R-111 PM BH 1989,” “R-114 PM BH 1989,” “93 89 A12,” “06 78 E07,” “06 78 E08 1978,” “BRAY-A 1991,” “93 89 A14-A 1991,” “93 89 A16,” “93 89 A17-2 1991,” “HAULOVER 1929 NO3 1970,” “HAULOVER-A 1991,” “HAULOVER-B 1991,” “93 89 A20,” “06 78 G04 1978,” “06 78 G05 1978,” “06 78 G06 1978,” “06 78 G06-B 1991,” “06 78 G06-C 1991,” “DELRAY-A,” “06 78 H01 1978,” “PM BH R-192 1974,” “93 89 A21,” “ROCK 3 1970,” “93 89 A22-3,” “93 89 A2A,” “93 89 A26,” 93 89 A27,” “93 89 A28,” “86 92 DA01.”

FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.). SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE EAST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON NORTH AMERICAN 1983 DATUM ADJUSTMENT OF 1990.

THE BEARING BASE FOR THIS DESCRIPTION IS GRID NORTH, DETERMINED BY GLOBAL POSITIONING SYSTEM (G.P.S.) OBSERVATIONS MADE AT ALL PERMANENT REFERENCE MONUMENTS (P.R.M.).

COMMENCE AT P.R.M. MART CO 124 1984 THENCE S 24 DEG. 07 MIN. 50 SEC. E A DISTANCE OF 1,019.33ꞌ FEET TO THE POINT OF BEGINNING; THENCE N 19 DEG. 12 MIN. 39 SEC. W TO THE POINT OF INTERSECTION WITH THE PALM BEACH-MARTIN COUNTY LINE, SAID LINE BEING THE NORTHERN TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR PALM BEACH COUNTY; THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING; SAID POINT BEING S 24 DEG. 07 MIN. 50 SEC. E A DISTANCE OF 1,019.33ꞌ FEET FROM (P.R.M.) MART CO 124 1984.

THENCE S 16 DEG. 20 MIN. 17 SEC. E A DISTANCE OF 1083.40ꞌ FEET TO A POINT; THENCE S 18 DEG. 53 MIN. 35 SEC. E A DISTANCE OF 834.34ꞌ FEET TO A POINT; THENCE S 19 DEG. 41 MIN. 41 SEC. E A DISTANCE OF 382.98ꞌ FEET TO A POINT; THENCE S 11 DEG. 39 MIN. 08 SEC. E A DISTANCE OF 586.49ꞌ FEET TO A POINT; THENCE S 11 DEG. 47 MIN. 44 SEC. E A DISTANCE OF 942.98ꞌ FEET TO A POINT; THENCE S 19 DEG. 49 MIN. 20 SEC. E A DISTANCE OF 1,157.42ꞌ FEET TO A POINT; THENCE S 19 DEG. 43 MIN. 42 SEC. E A DISTANCE OF 1,350.69ꞌ FEET TO A POINT; THENCE S 19 DEG. 37 MIN. 52 SEC. E A DISTANCE OF 832.04ꞌ FEET TO A POINT; THENCE S 21 DEG. 42 MIN. 06 SEC. E A DISTANCE OF 832.65ꞌ FEET TO A POINT; SAID POINT BEING N 25 DEG. 40 MIN. 48 SEC. W A DISTANCE OF 1,375.15ꞌ FEET FROM P.R.M. S305 1970.

THENCE S 21 DEG. 36 MIN. 35 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF JUPITER INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 25 DEG. 40 MIN. 48 SEC. W A DISTANCE OF 1,375.15ꞌ FEET FROM P.R.M. S305 1970. RECOMMENCE AT P.R.M. S305 1970, THENCE S 37 DEG. 54 MIN. 48 SEC. W A DISTANCE OF 616.46ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 19 DEG. 17 MIN. 38 SEC. W TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF JUPITER INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 37 DEG. 54 MIN. 48 SEC. W A DISTANCE OF 616.46ꞌ FEET FROM P.R.M. S305 1970.

THENCE S 19 DEG. 12 MIN. 19 SEC. E A DISTANCE OF 899.51ꞌ FEET TO A POINT; THENCE S 18 DEG. 59 MIN. 40 SEC. E A DISTANCE OF 724.98ꞌ FEET TO A POINT; THENCE S 16 DEG. 27 MIN. 06 SEC. E A DISTANCE OF 856.65ꞌ FEET TO A POINT; THENCE S 12 DEG. 48 MIN. 13 SEC. E A DISTANCE OF 773.32ꞌ FEET TO A POINT; THENCE S 12 DEG. 29 MIN. 57 SEC. E A DISTANCE OF 937.45ꞌ FEET TO A POINT; SAID POINT BEING N 76 DEG. 39 MIN. 01 SEC. W A DISTANCE OF 129.28ꞌ FEET FROM P.R.M. 93 89 A03-A 1991.

THENCE S 06 DEG. 32 MIN. 31 SEC. E A DISTANCE OF 719.78ꞌ FEET TO A POINT; THENCE S 14 DEG. 12 MIN. 58 SEC. E A DISTANCE OF 622.07ꞌ FEET TO A POINT; THENCE S 14 DEG. 19 MIN. 31 SEC. E A DISTANCE OF 1,207.50ꞌ FEET TO A POINT; THENCE S 16 DEG. 18 MIN. 09 SEC. E A DISTANCE OF 1,300.39ꞌ FEET TO A POINT; SAID POINT BEING S 38 DEG. 31 MIN. 21 SEC. W A DISTANCE OF 307.20ꞌ FEET FROM P.R.M. HYDRO 21 PM BH 1990.

THENCE S 16 DEG. 48 MIN. 36 SEC. E A DISTANCE OF 1006.74ꞌ FEET TO A POINT; THENCE S 17 DEG. 56 MIN. 22 SEC. E A DISTANCE OF 1,055.19ꞌ FEET TO A POINT; SAID POINT BEING N 17 DEG. 03 MIN. 10 SEC. W A DISTANCE OF 332.78ꞌ FEET FROM P.R.M. 06 78 B03-2 1989.

THENCE S 15 DEG. 21 MIN. 05 SEC. E A DISTANCE OF 1,036.35ꞌ FEET TO A POINT; THENCE S 16 DEG. 39 MIN. 10 SEC. E A DISTANCE OF 1,114.50ꞌ FEET TO A POINT; THENCE S 18 DEG. 06 MIN. 58 SEC. E A DISTANCE OF 970.88ꞌ FEET TO A POINT; SAID POINT BEING S 13 DEG. 09 MIN. 56 SEC. E A DISTANCE OF 133.45ꞌ FEET FROM P.R.M. 06 78 C01 1978.

THENCE S 17 DEG. 49 MIN. 50 SEC. E A DISTANCE OF 979.66ꞌ FEET TO A POINT; THENCE S 16 DEG. 29 MIN. 35 SEC. E A DISTANCE OF 1,122.15ꞌ FEET TO A POINT; THENCE S 15 DEG. 41 MIN. 52 SEC. E A DISTANCE OF 974.33ꞌ FEET TO A POINT; THENCE S 13 DEG. 33 MIN. 42 SEC. E A DISTANCE OF 1,091.35ꞌ FEET TO A POINT; SAID POINT BEING S 78 DEG. 37 MIN. 10 SEC. E A DISTANCE OF 864.90ꞌ FEET FROM P.R.M. 93 89 A05.

THENCE S 15 DEG. 34 MIN. 00 SEC. E A DISTANCE OF 1,034.67ꞌ FEET TO A POINT; THENCE S 14 DEG. 03 MIN. 50 SEC. E A DISTANCE OF 995.97ꞌ FEET TO A POINT; THENCE S 17 DEG. 01 MIN. 18 SEC. E A DISTANCE OF 1,115.19ꞌ FEET TO A POINT; THENCE S 17 DEG. 54 MIN. 09 SEC. E A DISTANCE OF 976.81ꞌ FEET TO A POINT; THENCE S 17 DEG. 39 MIN. 34 SEC. E A DISTANCE OF 1,135.72ꞌ FEET TO A POINT; SAID POINT BEING N 10 DEG. 34 MIN. 31 SEC. W A DISTANCE OF 319.00ꞌ FEET FROM P.R.M. 06 78 C03-A 1991.

THENCE S 18 DEG. 05 MIN. 00 SEC. E A DISTANCE OF 1,010.32ꞌ FEET TO A POINT; THENCE S 17 DEG. 54 MIN. 14 SEC. E A DISTANCE OF 1,291.68ꞌ FEET TO A POINT; SAID POINT BEING N 15 DEG. 10 MIN. 40 SEC. E A DISTANCE OF 876.78ꞌ FEET FROM P.R.M. 93 89 A06-A 1991.

THENCE S 16 DEG. 03 MIN. 49 SEC. E A DISTANCE OF 1,069.86ꞌ FEET TO A POINT; THENCE S 15 DEG. 16 MIN. 07 SEC. E A DISTANCE OF 822.25ꞌ FEET TO A POINT; THENCE S 15 DEG. 31 MIN. 37 SEC. E A DISTANCE OF 1,083.33ꞌ FEET TO A POINT; SAID POINT BEING N 63 DEG. 51 MIN. 21 SEC. E A DISTANCE OF 375.25ꞌ FEET FROM P.R.M. 93 89 A06-B 1991.

THENCE S 16 DEG. 00 MIN. 56 SEC. E A DISTANCE OF 683.96ꞌ FEET TO A POINT; SAID POINT BEING N 58 DEG. 13 MIN. 58 SEC. W A DISTANCE OF 327.91ꞌ FEET FROM P.R.M. 93 89 A07.

THENCE S 12 DEG. 24 MIN. 32 SEC. E A DISTANCE OF 944.96ꞌ FEET TO A POINT; THENCE S 14 DEG. 28 MIN. 15 SEC. E A DISTANCE OF 993.07ꞌ FEET TO A POINT; THENCE S 14 DEG. 14 MIN. 34 SEC. E A DISTANCE OF 890.27ꞌ FEET TO A POINT; SAID POINT BEING N 44 DEG. 33 MIN. 04 SEC. W A DISTANCE OF 488.13ꞌ FEET FROM P.R.M. 06 78 C05-2 1989.

THENCE S 11 DEG. 13 MIN. 09 SEC. E A DISTANCE OF 871.62ꞌ FEET TO A POINT; THENCE S 08 DEG. 16 MIN. 43 SEC. E A DISTANCE OF 977.66ꞌ FEET TO A POINT; THENCE S 03 DEG. 40 MIN. 40 SEC. E A DISTANCE OF 629.35ꞌ FEET TO A POINT; THENCE S 12 DEG. 43 MIN. 59 SEC. E A DISTANCE OF 688.96ꞌ FEET TO A POINT; THENCE S 11 DEG. 57 MIN. 04 SEC. E A DISTANCE OF 1,357.82ꞌ FEET TO A POINT; THENCE S 13 DEG. 46 MIN. 42 SEC. E A DISTANCE OF 1,204.88ꞌ FEET TO A POINT; THENCE S 13 DEG. 19 MIN. 05 SEC. E A DISTANCE OF 1,021.60ꞌ FEET TO A POINT; SAID POINT BEING S 57 DEG. 55 MIN. 43 SEC. W A DISTANCE OF 130.77ꞌ FEET FROM P.R.M. 06 78 C06 1978.

THENCE S 13 DEG. 59 MIN. 48 SEC. E A DISTANCE OF 934.32ꞌ FEET TO A POINT; THENCE S 15 DEG. 35 MIN. 41 SEC. E A DISTANCE OF 887.58ꞌ FEET TO A POINT; THENCE S 17 DEG. 33 MIN. 21 SEC. E A DISTANCE OF 928.62ꞌ FEET TO A POINT; THENCE S 12 DEG. 47 MIN. 46 SEC. E A DISTANCE OF 777.03ꞌ FEET TO A POINT; THENCE S 07 DEG. 51 MIN. 16 SEC. E A DISTANCE OF 985.46ꞌ FEET TO A POINT; THENCE S 13 DEG. 15 MIN. 05 SEC. E A DISTANCE OF 861.23ꞌ FEET TO A POINT; THENCE S 10 DEG. 20 MIN. 32 SEC. E A DISTANCE OF 802.24ꞌ FEET TO A POINT; THENCE S 05 DEG. 11 MIN. 13 SEC. W A DISTANCE OF 282.89ꞌ FEET TO A POINT; THENCE S 08 DEG. 01 MIN. 42 SEC. E A DISTANCE OF 640.33ꞌ FEET TO A POINT; THENCE S 17 DEG. 22 MIN. 09 SEC. E A DISTANCE OF 956.42ꞌ FEET TO A POINT; THENCE S 17 DEG. 11 MIN. 55 SEC. E A DISTANCE OF 1035.94ꞌ FEET TO A POINT; THENCE S 17 DEG. 26 MIN. 10 SEC. E A DISTANCE OF 1,005.63ꞌ FEET TO A POINT; THENCE S 14 DEG. 07 MIN. 27 SEC. E A DISTANCE OF 318.28ꞌ FEET TO A POINT; THENCE S 13 DEG. 44 MIN. 59 SEC. E A DISTANCE OF 1,142.65ꞌ FEET TO A POINT; THENCE S 11 DEG. 49 MIN. 23 SEC. E A DISTANCE OF 1,161.10ꞌ FEET TO A POINT; THENCE S 11 DEG. 22 MIN. 23 SEC. E A DISTANCE OF 1,069.02ꞌ FEET TO A POINT; THENCE S 11 DEG. 06 MIN. 08 SEC. E A DISTANCE OF 1,055.61ꞌ FEET TO A POINT; SAID POINT BEING S 52 DEG. 37 MIN. 38 SEC. E A DISTANCE OF 403.28ꞌ FEET FROM P.R.M. 93 89 A08.

THENCE S 11 DEG. 28 MIN. 47 SEC. E A DISTANCE OF 1,095.26ꞌ FEET TO A POINT; THENCE S 10 DEG. 56 MIN. 22 SEC. E A DISTANCE OF 373.22ꞌ FEET TO A POINT; THENCE S 10 DEG. 55 MIN. 05 SEC. W A DISTANCE OF 722.99ꞌ FEET TO A POINT; THENCE S 03 DEG. 32 MIN. 17 SEC. W A DISTANCE OF 879.32ꞌ FEET TO A POINT; SAID POINT BEING S 78 DEG. 15 MIN. 45 SEC. E A DISTANCE OF 549.20ꞌ FEET FROM P.R.M. 93 89 A08-A 1991.

THENCE S 02 DEG. 31 MIN. 51 SEC. W A DISTANCE OF 1,160.76ꞌ FEET TO A POINT; THENCE S 00 DEG. 55 MIN. 08 SEC. W A DISTANCE OF 815.35ꞌ FEET TO A POINT; THENCE S 01 DEG. 30 MIN. 31 SEC. E A DISTANCE OF 1,208.16ꞌ FEET TO A POINT; SAID POINT BEING S 47 DEG. 36 MIN. 38 SEC. E A DISTANCE OF 860.60ꞌ FEET FROM P.R.M. 06 78 D02 1978.

THENCE S 03 DEG. 55 MIN. 13 SEC. E A DISTANCE OF 894.90ꞌ FEET TO A POINT; THENCE S 04 DEG. 06 MIN. 39 SEC. E A DISTANCE OF 1,093.00ꞌ FEET TO A POINT; THENCE S 01 DEG. 41 MIN. 53 SEC. E A DISTANCE OF 970.01ꞌ FEET TO A POINT; SAID POINT BEING N 15 DEG. 45 MIN. 40 SEC. E A DISTANCE OF 829.65ꞌ FEET FROM P.R.M. 06 78 D03-2 1989.

THENCE S 00 DEG. 00 MIN. 13 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF NORTH LAKE WORTH INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 15 DEG. 45 MIN. 40 SEC. E A DISTANCE OF 829.65ꞌ FEET FROM P.R.M. 06 78 D03-2 1989.

RECOMMENCE AT P.R.M. 06 78 D03-A 1991, THENCE S 21 DEG. 30 MIN. 17 SEC. E A DISTANCE OF 1,227.24ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 06 DEG. 39 MIN. 17 SEC. E TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF NORTH LAKE WORTH INLET; THENCE RETURN ALONG WITH SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 21 DEG. 30 MIN. 17 SEC. E A DISTANCE OF 1,227.24ꞌ FEET FROM P.R.M. 06 78 D03-A 1991.

THENCE S 06 DEG. 39 MIN. 17 SEC. W A DISTANCE OF 607.01ꞌ FEET TO A POINT; THENCE S 06 DEG. 15 MIN. 08 SEC. E A DISTANCE OF 615.37ꞌ FEET TO A POINT; SAID POINT BEING S 55 DEG. 38 MIN. 25 SEC. W A DISTANCE OF 74.12ꞌ FEET FROM P.R.M. 06 78 D04 1978.

THENCE S 02 DEG. 18 MIN. 12 SEC. E A DISTANCE OF 1,093.59ꞌ FEET TO A POINT; THENCE S 05 DEG. 59 MIN. 14 SEC. E A DISTANCE OF 994.62ꞌ FEET TO A POINT; THENCE S 05 DEG. 50 MIN. 23 SEC. E A DISTANCE OF 1,131.94ꞌ FEET TO A POINT; THENCE S 05 DEG. 31 MIN. 02 SEC. E A DISTANCE OF 1,369.08ꞌ FEET TO A POINT; SAID POINT BEING S 09 DEG. 05 MIN. 20 SEC. W A DISTANCE OF 523.82ꞌ FEET FROM P.R.M. 06 78 D05-2 1991.

THENCE S 04 DEG. 58 MIN. 27 SEC. E A DISTANCE OF 1,304.21ꞌ FEET TO A POINT; THENCE S 04 DEG. 44 MIN. 13 SEC. E A DISTANCE OF 1,225.21ꞌ FEET TO A POINT; SAID POINT BEING S 52 DEG. 38 MIN. 32 SEC. W A DISTANCE OF 277.40ꞌ FEET FROM P.R.M. 06 78 D05A 1991.

THENCE S 02 DEG. 02 MIN. 26 SEC. E A DISTANCE OF 992.43ꞌ FEET TO A POINT; THENCE S 04 DEG. 04 MIN. 05 SEC. E A DISTANCE OF 814.50ꞌ FEET TO A POINT; SAID POINT BEING S 30 DEG. 45 MIN. 33 SEC. W A DISTANCE OF 481.30ꞌ FEET FROM P.R.M. 06 78 D06 1978.

THENCE S 06 DEG. 23 MIN. 46 SEC. E A DISTANCE OF 1,322.90ꞌ FEET TO A POINT; THENCE S 01 DEG. 03 MIN. 05 SEC. W A DISTANCE OF 960.97ꞌ FEET TO A POINT; THENCE S 00 DEG. 45 MIN. 14 SEC. W A DISTANCE OF 940.25ꞌ FEET TO A POINT; THENCE S 01 DEG. 40 MIN. 57 SEC. E A DISTANCE OF 1,074.75ꞌ FEET TO A POINT; THENCE S 01 DEG. 47 MIN. 07 SEC. E A DISTANCE OF 1,122.70ꞌ FEET TO A POINT; THENCE S 04 DEG. 07 MIN. 09 SEC. E A DISTANCE OF 1,162.55ꞌ FEET TO A POINT; THENCE S 09 DEG. 16 MIN. 30 SEC. E A DISTANCE OF 1,142.21ꞌ FEET TO A POINT; THENCE S 09 DEG. 23 MIN. 31 SEC. E A DISTANCE OF 1,095.30ꞌ FEET TO A POINT; THENCE S 12 DEG. 43 MIN. 24 SEC. E A DISTANCE OF 216.02ꞌ FEET TO A POINT; THENCE S 00 DEG. 45 MIN. 42 SEC. E A DISTANCE OF 1,372.31ꞌ FEET TO A POINT; SAID POINT BEING S 15 DEG. 31 MIN. 12 SEC. W A DISTANCE OF 953.88ꞌ FEET FROM P.R.M. BREAKERS 1929.

THENCE S 00 DEG. 45 MIN. 28 SEC. E A DISTANCE OF 804.71ꞌ FEET TO A POINT; THENCE S 00 DEG. 45 MIN. 31 SEC. E A DISTANCE OF 1,302.15ꞌ FEET TO A POINT; THENCE S 00 DEG. 43 MIN. 22 SEC. E A DISTANCE OF 1205.28ꞌ FEET TO A POINT; SAID POINT BEING S 32 DEG. 16 MIN. 35 SEC. W A DISTANCE OF 458.78ꞌ FEET FROM P.R.M. 93 89 A11.

THENCE S 01 DEG. 17 MIN. 38 SEC. E A DISTANCE OF 1,151.07ꞌ FEET TO A POINT; THENCE S 00 DEG. 24 MIN. 38 SEC. E A DISTANCE OF 992.42ꞌ FEET TO A POINT; THENCE S 02 DEG. 51 MIN. 32 SEC. W A DISTANCE OF 1,169.88ꞌ FEET TO A POINT; THENCE S 06 DEG. 11 MIN. 44 SEC. W A DISTANCE OF 1,128.55ꞌ FEET TO A POINT; THENCE S 07 DEG. 33 MIN. 06 SEC. W A DISTANCE OF 1,075.62ꞌ FEET TO A POINT; SAID POINT BEING S 25 DEG. 07 MIN. 22 SEC. W A DISTANCE OF 735.25ꞌ FEET FROM P.R.M. 06 78 E04A 1978.

THENCE S 06 DEG. 51 MIN. 23 SEC. W A DISTANCE OF 1,070.59ꞌ FEET TO A POINT; THENCE S 06 DEG. 52 MIN. 25 SEC. W A DISTANCE OF 1,318.23ꞌ FEET TO A POINT; THENCE S 04 DEG. 24 MIN. 39 SEC. W A DISTANCE OF 1,214.77ꞌ FEET TO A POINT; THENCE S 04 DEG. 43 MIN. 51 SEC. W A DISTANCE OF 1,115.96ꞌ FEET TO A POINT; THENCE S 04 DEG. 57 MIN. 28 SEC. W A DISTANCE OF 831.59ꞌ FEET TO A POINT; THENCE S 03 DEG. 15 MIN. 12 SEC. W A DISTANCE OF 1,214.39ꞌ FEET TO A POINT; THENCE S 02 DEG. 53 MIN. 14 SEC. W A DISTANCE OF 1,320.29ꞌ FEET TO A POINT; THENCE S 02 DEG. 49 MIN. 03 SEC. W A DISTANCE OF 986.80ꞌ FEET TO A POINT; SAID POINT BEING S 89 DEG. 52 MIN. 05 SEC. W A DISTANCE OF 195.22ꞌ FEET FROM P.R.M. R-111 PM BH 1989.

THENCE S 01 DEG. 01 MIN. 33 SEC. W A DISTANCE OF 1,122.57ꞌ FEET TO A POINT; THENCE S 00 DEG. 53 MIN. 10 SEC. W A DISTANCE OF 1,040.76ꞌ FEET TO A POINT; THENCE S 01 DEG. 15 MIN. 03 SEC. W A DISTANCE OF 984.38ꞌ FEET TO A POINT; SAID POINT BEING S 89 DEG. 51 MIN. 18 SEC. W A DISTANCE OF 179.23ꞌ FEET FROM P.R.M. R-114 PM BH 1989.

THENCE S 01 DEG. 04 MIN. 39 SEC. W A DISTANCE OF 1,151.06ꞌ FEET TO A POINT; THENCE S 01 DEG. 28 MIN. 39 SEC. W A DISTANCE OF 975.78ꞌ FEET TO A POINT; THENCE S 01 DEG. 59 MIN. 59 SEC. W A DISTANCE OF 1,022.18ꞌ FEET TO A POINT; SAID POINT BEING S 19 DEG. 10 MIN. 26 SEC. W A DISTANCE OF 776.77ꞌ FEET FROM P.R.M. 93 89 A12.

THENCE S 01 DEG. 04 MIN. 10 SEC. W A DISTANCE OF 731.81ꞌ FEET TO A POINT; THENCE S 00 DEG. 10 MIN. 23 SEC. E A DISTANCE OF 1,176.57ꞌ FEET TO A POINT; THENCE S 00 DEG. 09 MIN. 02 SEC. E A DISTANCE OF 1,122.07ꞌ FEET TO A POINT; THENCE S 03 DEG. 52 MIN. 54 SEC. E A DISTANCE OF 723.84ꞌ FEET TO A POINT; THENCE S 02 DEG. 46 MIN. 06 SEC. E A DISTANCE OF 943.06ꞌ FEET TO A POINT; SAID POINT BEING N 66 DEG. 49 MIN. 38 SEC. W A DISTANCE OF 170.69ꞌ FEET FROM P.R.M. 06 78 E07.

THENCE S 02 DEG. 30 MIN. 39 SEC. E A DISTANCE OF 1,022.85ꞌ FEET TO A POINT; THENCE S 00 DEG. 26 MIN. 21 SEC. W A DISTANCE OF 895.19ꞌ FEET TO A POINT; THENCE S 02 DEG. 05 MIN. 03 SEC. E A DISTANCE OF 1,490.44ꞌ FEET TO A POINT; THENCE S 01 DEG. 38 MIN. 08 SEC. E A DISTANCE OF 1,055.55ꞌ FEET TO A POINT; THENCE S 01 DEG. 48 MIN. 26 SEC. E A DISTANCE OF 1,065.40ꞌ FEET TO A POINT; SAID POINT BEING N 48 DEG. 07 MIN. 26 SEC. W A DISTANCE OF 209.35ꞌ FEET FROM P.R.M. 06 78 E08 1978.

THENCE S 01 DEG. 18 MIN. 46 SEC. E A DISTANCE OF 1,030.91ꞌ FEET TO A POINT; THENCE S 02 DEG. 08 MIN. 23 SEC. E A DISTANCE OF 1,212.24ꞌ FEET TO A POINT; THENCE S 00 DEG. 06 MIN. 15 SEC. E A DISTANCE OF 1,326.16ꞌ FEET TO A POINT; THENCE S 00 DEG. 07 MIN. 55 SEC. W A DISTANCE OF 1,294.76ꞌ FEET TO A POINT; THENCE S 00 DEG. 29 MIN. 36 SEC. W A DISTANCE OF 1,148.04ꞌ FEET TO A POINT; SAID POINT BEING N 29 DEG. 03 MIN. 05 SEC. E A DISTANCE OF 712.16ꞌ FEET FROM P.R.M. BRAY-A 1991.

THENCE S 00 DEG. 20 MIN. 52 SEC. W A DISTANCE OF 1,220.75ꞌ FEET TO A POINT; THENCE S 03 DEG. 37 MIN. 13 SEC. W A DISTANCE OF 1,197.08ꞌ FEET TO A POINT; SAID POINT BEING S 53 DEG. 19 MIN. 04 SEC. E A DISTANCE OF 480.10ꞌ FEET FROM P.R.M. 93 89 A14-A 1991.

THENCE S 03 DEG. 19 MIN. 07 SEC. W A DISTANCE OF 1,318.50ꞌ FEET TO A POINT; THENCE S 00 DEG. 34 MIN. 13 SEC. W A DISTANCE OF 966.22ꞌ FEET TO A POINT; SAID POINT BEING N 37 DEG. 38 MIN. 03 SEC. E A DISTANCE OF 290.44ꞌ FEET FROM P.R.M. 93 89 A16.

THENCE S 00 DEG. 44 MIN. 01 SEC. W A DISTANCE OF 986.22ꞌ FEET TO A POINT; THENCE S 03 DEG. 11 MIN. 58 SEC. W A DISTANCE OF 689.32ꞌ FEET TO A POINT; SAID POINT BEING S 35 DEG. 25 MIN. 05 SEC. E A DISTANCE OF 429.80ꞌ FEET FROM P.R.M. 93 89 A17-2 1991.

THENCE S 03 DEG. 58 MIN. 13 SEC. W A DISTANCE OF 1243.82ꞌ FEET TO A POINT; THENCE S 04 DEG. 12 MIN. 39 SEC. W A DISTANCE OF 1,052.52ꞌ FEET TO A POINT; THENCE S 04 DEG. 22 MIN. 35 SEC. W A DISTANCE OF 1,045.80ꞌ FEET TO A POINT; THENCE S 04 DEG. 55 MIN. 21 SEC. W A DISTANCE OF 1,037.87ꞌ FEET TO A POINT; THENCE S 04 DEG. 59 MIN. 47 SEC. W A DISTANCE OF 1,010.07ꞌ FEET TO A POINT; THENCE S 12 DEG. 13 MIN. 10 SEC. W A DISTANCE OF 954.81ꞌ FEET TO A POINT; THENCE S 12 DEG. 21 MIN. 15 SEC. W A DISTANCE OF 1,129.05ꞌ FEET TO A POINT; THENCE S 08 DEG. 43 MIN. 37 SEC. W A DISTANCE OF 1,093.06ꞌ FEET TO A POINT; THENCE S 09 DEG. 04 MIN. 16 SEC. W A DISTANCE OF 1,010.59ꞌ FEET TO A POINT; THENCE S 06 DEG. 53 MIN. 04 SEC. W A DISTANCE OF 1,138.16ꞌ FEET TO A POINT; THENCE S 03 DEG. 21 MIN. 01 SEC. W A DISTANCE OF 962.06ꞌ FEET TO A POINT; THENCE S 03 DEG. 14 MIN. 38 SEC. W A DISTANCE OF 661.21ꞌ FEET TO A POINT; THENCE S 03 DEG. 38 MIN. 15 SEC. W A DISTANCE OF 1,092.43ꞌ FEET TO A POINT; SAID POINT BEING N 37 DEG. 25 MIN. 13 SEC. W A DISTANCE OF 459.21ꞌ FEET FROM P.R.M. HAULOVER 1929 NO3 1970.

THENCE S 03 DEG. 45 MIN. 44 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF SOUTH LAKE WORTH INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 37 DEG. 25 MIN. 13 SEC. W A DISTANCE OF 459.21ꞌ FEET FROM P.R.M. HAULOVER 1929 NO3 1970.

RECOMMENCE AT P.R.M. HAULOVER 1929 NO3 1970, THENCE S 54 DEG. 00 MIN. 37 SEC. W A DISTANCE OF 773.85ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 12 DEG. 02 MIN. 58 SEC. W TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF SOUTH LAKE WORTH INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 54 DEG. 00 MIN. 37 SEC. W A DISTANCE OF 773.85ꞌ FEET FROM P.R.M. HAULOVER 1929 NO3 1970.

THENCE S 12 DEG. 08 MIN. 13 SEC. W A DISTANCE OF 1,329.73ꞌ FEET TO A POINT; THENCE S 15 DEG. 38 MIN. 04 SEC. W A DISTANCE OF 1,028.62ꞌ FEET TO A POINT; SAID POINT BEING N 25 DEG. 54 MIN. 52 SEC. E A DISTANCE OF 933.14ꞌ FEET FROM P.R.M. HAULOVER-A 1991.

THENCE S 11 DEG. 31 MIN. 57 SEC. W A DISTANCE OF 1,045.52ꞌ FEET TO A POINT; THENCE S 09 DEG. 19 MIN. 37 SEC. W A DISTANCE OF 1,341.84ꞌ FEET TO A POINT; SAID POINT BEING S 32 DEG. 05 MIN. 25 SEC. E A DISTANCE OF 202.03 FEET FROM P.R.M. HAULOVER-B 1991.

THENCE S 10 DEG. 41 MIN. 43 SEC. W A DISTANCE OF 1,007.17ꞌ FEET TO A POINT; THENCE S 06 DEG. 33 MIN. 58 SEC. W A DISTANCE OF 706.54ꞌ FEET TO A POINT; THENCE S 06 DEG. 14 MIN. 00 SEC. W A DISTANCE OF 695.74ꞌ FEET TO A POINT; THENCE S 06 DEG. 22 MIN. 12 SEC. W A DISTANCE OF 1,192.56ꞌ FEET TO A POINT; THENCE S 07 DEG. 16 MIN. 19 SEC. W A DISTANCE OF 863.39ꞌ FEET TO A POINT; THENCE S 07 DEG. 07 MIN. 01 SEC. W A DISTANCE OF 1,151.69ꞌ FEET TO A POINT; THENCE S 13 DEG. 13 MIN. 35 SEC. W A DISTANCE OF 1,094.61ꞌ FEET TO A POINT; THENCE S 09 DEG. 30 MIN. 41 SEC. W A DISTANCE OF 1,128.22ꞌ FEET TO A POINT; THENCE S 08 DEG. 39 MIN. 59 SEC. W A DISTANCE OF 998.79ꞌ FEET TO A POINT; SAID POINT BEING N 88 DEG. 20 MIN. 16 SEC. W A DISTANCE OF 248.03ꞌ FEET FROM P.R.M. 93 89 A20.

THENCE S 07 DEG. 51 MIN. 06 SEC. W A DISTANCE OF 1,172.27ꞌ FEET TO A POINT; THENCE S 07 DEG. 54 MIN. 08 SEC. W A DISTANCE OF 917.91ꞌ FEET TO A POINT; THENCE S 06 DEG. 51 MIN. 52 SEC. W A DISTANCE OF 1,421.67ꞌ FEET TO A POINT; SAID POINT BEING S 42 DEG. 51 MIN. 36 SEC. W A DISTANCE OF 471.84ꞌ FEET FROM P.R.M. 06 78 G04 1978.

THENCE S 08 DEG. 42 MIN. 05 SEC. W A DISTANCE OF 1,056.85ꞌ FEET TO A POINT; THENCE S 03 DEG. 19 MIN. 57 SEC. W A DISTANCE OF 1,072.39ꞌ FEET TO A POINT; THENCE S 06 DEG. 33 MIN. 52 SEC. W A DISTANCE OF 1,093.35ꞌ FEET TO A POINT; SAID POINT BEING N 69 DEG. 20 MIN. 22 SEC. W A DISTANCE OF 189.14ꞌ FEET FROM P.R.M. 06 78 G05 1978.

THENCE S 06 DEG. 39 MIN. 05 SEC. W A DISTANCE OF 1,128.57ꞌ FEET TO A POINT; THENCE S 07 DEG. 41 MIN. 41 SEC. W A DISTANCE OF 1,096.24ꞌ FEET TO A POINT; THENCE S 07 DEG. 21 MIN. 56 SEC. W A DISTANCE OF 1,016.41ꞌ FEET TO A POINT; THENCE S 07 DEG. 38 MIN. 51 SEC. W A DISTANCE OF 1,327.83ꞌ FEET TO A POINT; SAID POINT BEING S 24 DEG. 30 MIN. 06 SEC. W A DISTANCE OF 518.97ꞌ FEET FROM P.R.M. 06 78 G06 1978.

THENCE S 09 DEG. 04 MIN. 36 SEC. W A DISTANCE OF 935.79ꞌ FEET TO A POINT; THENCE S 07 DEG. 46 MIN. 04 SEC. W A DISTANCE OF 1,246.33ꞌ FEET TO A POINT; THENCE S 05 DEG. 41 MIN. 06 SEC. W A DISTANCE OF 998.57ꞌ FEET TO A POINT; SAID POINT BEING S 16 DEG. 06 MIN. 36 SEC. W A DISTANCE OF 396.77ꞌ FEET FROM P.R.M. 06 78 G06-B 1991.

THENCE S 08 DEG. 08 MIN. 38 SEC. W A DISTANCE OF 1,141.24ꞌ FEET TO A POINT; THENCE S 08 DEG. 55 MIN. 21 SEC. W A DISTANCE OF 1,193.28ꞌ FEET TO A POINT; SAID POINT BEING S 32 DEG. 02 MIN. 51 SEC. W A DISTANCE OF 36.40ꞌ FEET FROM P.R.M. 06 78 G06-C 1991.

THENCE S 07 DEG. 38 MIN. 49 SEC. W A DISTANCE OF 1,068.89ꞌ FEET TO A POINT; THENCE S 06 DEG. 00 MIN. 50 SEC. W A DISTANCE OF 1,113.02ꞌ FEET TO A POINT; THENCE S 05 DEG. 43 MIN. 50 SEC. W A DISTANCE OF 1,009.69ꞌ FEET TO A POINT; SAID POINT BEING S 16 DEG. 26 MIN. 50 SEC. W A DISTANCE OF 505.57ꞌ FEET FROM P.R.M. DELRAY-A.

THENCE S 06 DEG. 41 MIN. 04 SEC. W A DISTANCE OF 1,143.24ꞌ FEET TO A POINT; THENCE S 06 DEG. 40 MIN. 29 SEC. W A DISTANCE OF 1,161.09ꞌ FEET TO A POINT; THENCE S 06 DEG. 55 MIN. 15 SEC. W A DISTANCE OF 880.44ꞌ FEET TO A POINT; SAID POINT BEING S 31 DEG. 08 MIN. 07 SEC. W A DISTANCE OF 420.97ꞌ FEET FROM P.R.M. 06 78 H01 1978.

THENCE S 06 DEG. 32 MIN. 18 SEC. W A DISTANCE OF 928.50ꞌ FEET TO A POINT; THENCE S 06 DEG. 29 MIN. 39 SEC. W A DISTANCE OF 1,412.37ꞌ FEET TO A POINT; THENCE S 05 DEG. 47 MIN. 02 SEC. W A DISTANCE OF 1,018.38ꞌ FEET TO A POINT; THENCE S 05 DEG. 52 MIN. 22 SEC. W A DISTANCE OF 889.39ꞌ FEET TO A POINT; THENCE S 06 DEG. 00 MIN. 27 SEC. W A DISTANCE OF 1,161.75ꞌ FEET TO A POINT; THENCE S 06 DEG. 28 MIN. 09 SEC. W A DISTANCE OF 1,208.24ꞌ FEET TO A POINT; SAID POINT BEING N 85 DEG. 10 MIN. 51 SEC. W A DISTANCE OF 137.29ꞌ FEET FROM P.R.M. PM BH R-192 1974.

THENCE S 05 DEG. 32 MIN. 56 SEC. W A DISTANCE OF 1,211.78ꞌ FEET TO A POINT; THENCE S 03 DEG. 56 MIN. 56 SEC. W A DISTANCE OF 806.53ꞌ FEET TO A POINT; THENCE S 04 DEG. 00 MIN. 24 SEC. W A DISTANCE OF 640.68ꞌ FEET TO A POINT; THENCE S 03 DEG. 56 MIN. 01 SEC. W A DISTANCE OF 1,341.16ꞌ FEET TO A POINT; THENCE S 03 DEG. 54 MIN. 43 SEC. W A DISTANCE OF 850.09ꞌ FEET TO A POINT; SAID POINT BEING S 43 DEG. 20 MIN. 44 SEC. W A DISTANCE OF 291.79ꞌ FEET FROM P.R.M. 93 89 A21.

THENCE S 04 DEG. 15 MIN. 49 SEC. W A DISTANCE OF 1,108.36ꞌ FEET TO A POINT; THENCE S 03 DEG. 20 MIN. 39 SEC. W A DISTANCE OF 1,087.89ꞌ FEET TO A POINT; THENCE S 04 DEG. 16 MIN. 13 SEC. W A DISTANCE OF 857.77ꞌ FEET TO A POINT; THENCE S 05 DEG. 37 MIN. 58 SEC. W A DISTANCE OF 1,103.46ꞌ FEET TO A POINT; THENCE S 04 DEG. 38 MIN. 46 SEC. W A DISTANCE OF 1,157.37ꞌ FEET TO A POINT; SAID POINT BEING N 32 DEG. 17 MIN. 57 SEC. W A DISTANCE OF 384.11ꞌ FEET FROM P.R.M. ROCK 3 1970.

THENCE S 04 DEG. 51 MIN. 44 SEC. W A DISTANCE OF 1,111.41ꞌ FEET TO A POINT; THENCE S 04 DEG. 51 MIN. 44 SEC. W A DISTANCE OF 1,025.01ꞌ FEET TO A POINT; THENCE S 30 DEG. 33 MIN. 11 SEC. W A DISTANCE OF 362.10ꞌ FEET TO A POINT; THENCE S 04 DEG. 33 MIN. 28 SEC. W A DISTANCE OF 809.35ꞌ FEET TO A POINT; THENCE S 01 DEG. 57 MIN. 41 SEC. W A DISTANCE OF 1,111.44ꞌ FEET TO A POINT; THENCE S 02 DEG. 02 MIN. 15 SEC. W A DISTANCE OF 873.57ꞌ FEET TO A POINT; THENCE S 02 DEG. 13 MIN. 14 SEC. W A DISTANCE OF 1,411.00ꞌ FEET TO A POINT; SAID POINT BEING S 19 DEG. 59 MIN. 34 SEC. W A DISTANCE OF 431.45ꞌ FEET FROM P.R.M. 93 89 A22-3.

THENCE S 02 DEG. 07 MIN. 42 SEC. W A DISTANCE OF 1,181.02ꞌ FEET TO A POINT; THENCE S 04 DEG. 06 MIN. 51 SEC. W A DISTANCE OF 962.50ꞌ FEET TO A POINT; THENCE S 03 DEG. 52 MIN. 40 SEC. W A DISTANCE OF 896.98ꞌ FEET TO A POINT; THENCE S 03 DEG. 51 MIN. 41 SEC. W A DISTANCE OF 1,045.90ꞌ FEET TO A POINT; THENCE S 03 DEG. 30 MIN. 11 SEC. W A DISTANCE OF 1,247.57ꞌ FEET TO A POINT; THENCE S 03 DEG. 47 MIN. 02 SEC. W A DISTANCE OF 1,046.64ꞌ FEET TO A POINT; THENCE S 10 DEG. 54 MIN. 20 SEC. W A DISTANCE OF 940.67ꞌ FEET TO A POINT; SAID POINT BEING N 89 DEG. 06 MIN. 45 SEC. E A DISTANCE OF 288.76ꞌ FEET FROM P.R.M. 93 89 A24.

THENCE S 10 DEG. 52 MIN. 51 SEC. W A DISTANCE OF 290.08ꞌ FEET TO A POINT; THENCE S 00 DEG. 27 MIN. 32 SEC. W A DISTANCE OF 658.65ꞌ FEET TO A POINT; THENCE S 02 DEG. 16 MIN. 47 SEC. W A DISTANCE OF 973.53ꞌ FEET TO A POINT; THENCE S 02 DEG. 22 MIN. 13 SEC. W A DISTANCE OF 1,589.08ꞌ FEET TO A POINT; THENCE S 03 DEG. 52 MIN. 02 SEC. W A DISTANCE OF 1,028.97ꞌ FEET TO A POINT; THENCE S 05 DEG. 12 MIN. 59 SEC. W A DISTANCE OF 1,366.36ꞌ FEET TO A POINT; THENCE S 04 DEG. 24 MIN. 42 SEC. W A DISTANCE OF 722.12ꞌ FEET TO A POINT; THENCE S 04 DEG. 31 MIN. 46 SEC. W A DISTANCE OF 1,029.90ꞌ FEET TO A POINT; SAID POINT BEING N 86 DEG. 27 MIN. 46 SEC. E A DISTANCE OF 468.65ꞌ FEET FROM P.R.M. 93 89 A26.

THENCE S 04 DEG. 31 MIN. 46 SEC. W A DISTANCE OF 768.00ꞌ FEET TO A POINT; THENCE S 11 DEG. 02 MIN. 41 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF BOCA RATON INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 86 DEG. 27 MIN. 46 SEC. E A DISTANCE OF 468.65ꞌ FEET FROM P.R.M. 93 89 A26.

RECOMMENCE AT P.R.M. 93 89 A27, THENCE N 89 DEG. 05 MIN. 14 SEC. W A DISTANCE OF 187.87ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 06 DEG. 35 MIN. 54 SEC. W TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF BOCA RATON INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 89 DEG. 05 MIN. 14 SEC. W A DISTANCE OF 187.87ꞌ FEET FROM P.R.M. 93 89 A27.

THENCE S 06 DEG. 38 MIN. 04 SEC. W A DISTANCE OF 1,375.45ꞌ FEET TO A POINT; SAID POINT BEING S 53 DEG. 04 MIN. 24 SEC. W A DISTANCE OF 329.86ꞌ FEET FROM P.R.M. 93 89 A28.

THENCE S 10 DEG. 22 MIN. 04 SEC. W A DISTANCE OF 1,050.72ꞌ FEET TO A POINT; THENCE S 10 DEG. 36 MIN. 06 SEC. W A DISTANCE OF 865.89ꞌ FEET TO A POINT; THENCE S 05 DEG. 59 MIN. 35 SEC. W A DISTANCE OF 1,032.22ꞌ FEET TO A POINT; SAID POINT BEING N 01 DEG. 12 MIN. 08 SEC. E A DISTANCE OF 2,616.16ꞌ FEET FROM P.R.M. 86 92 DA01.

THENCE S 06 DEG. 02 MIN. 46 SEC. W TO THE POINT OF INTERSECTION WITH THE PALM BEACH-BROWARD COUNTY LINE AND THE POINT OF TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR PALM BEACH COUNTY, FLORIDA.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 1-10-79, Formerly 16B-26.10, 16B-26.010, Amended 8-22-97, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.011 Description of the Pinellas County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Pinellas County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Pinellas County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit under Section 161.053, F.S., and Chapter 62B-33, F.A.C., to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE PINELLAS COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S. SAID CONTROL LINE LYING ALONG THE COAST OF THE GULF OF MEXICO FROM MEAN HIGH WATER LINE AT THE NORTHERN END OF HONEYMOON ISLAND SOUTHERLY TO THE MEAN HIGH WATER LINE AT THE SOUTHERN END OF HONEYMOON ISLAND. THENCE RECOMMENCING AT THE MEAN HIGH WATER LINE AT THE NORTHERN END OF CALADESI ISLAND SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF DUNEDIN PASS. THENCE RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF DUNEDIN PASS SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF LITTLE PASS. THENCE RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF LITTLE PASS SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF JOHNS PASS. THENCE RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF JOHNS PASS SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF BLIND PASS. THENCE RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF BLIND PASS SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF PASS-A-GRILLE CHANNEL. THENCE RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF BUNCES PASS ON MULLET KEY SOUTHERLY AND EASTERLY TO ITS TERMINUS AT THE MEAN HIGH WATER LINE OF TAMPA BAY.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “15-90-DA01 THRU 15-90-DA03,” “R001 PNLS 1990,” “R022 PNLS 1974,” “R032 PNLS 1974,” “15-99-DA08A,” “15-90-DA08,” “R036 PNLS 1974,” “15-99-DA07,” “15-90-DA09,” “15-99-DA10A,” “15-99-DA11A,” “NOS 6724 N,” “15-77-B09A,” “15-77-B09,” “15-90-DA12,” “15-90-DA12A,” “R050 PNLS 1974,” “15-99-DA13A,” “15-99-DA13B,” “15-90-DA14,” “15-99-DA15A THRU 15-99-DA15D,” “15-90-DA16,” “15-90-DA17,” “15-90-DA17A,” “NARROW-D,” “15-90-DA17B,” “NARROW 1973,” “NARROW-F,” “15-99-DA17D,” “15-99-DA17E,” “15-90-DA18,” “15-90-DA19,” “15-90-DA19A,” “REDINGTON-B THRU REDINGTON-D,” “15-90-DA20,” “15-99-DA21B,” “15-77-B08,” “15-90-DA22 THRU 15-90-DA25,” “RAINEY 1973,” “MADERIA,” “15-90-DA25A THRU 15-90-DA25C,” “15-90-DA26,” “15-90-DA27,” “15-90-DA27A,” “RAINEY-J,” “RAINEY-K,” “PBE 144 68,” “BLIND-D,” “15-90-DA27B,” “15-90-DA27D,” “15-90-DA28,” “15-90-DA29,” “COE BLIND PASS,” “PBE 133,” “BLIND-P,” “15-77-B04,” “NOAA-D,” “15-99-DA31,” “NOAA 1973,” “15-99-DA31A,” “15-99-DA32,” “NOAA-A,” “NOS 6430 J 1988,” “R170 PNLS 1974,” “R172 PNLS 1990,” “T174 PNLS 1977,” “T177 PNLS 1977,” “15-90-DA30,” “DESOTO 1973,” “15-90-B01-2,” “DESOTO-B.”

FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.), SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE WEST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON NORTH AMERICAN 1983 DATUM ADJUSTMENT OF 1990.

THE BEARING BASE FOR THIS DESCRIPTION IS GRID NORTH, DETERMINED BY GLOBAL POSITIONING SYSTEM (G.P.S.) OBSERVATIONS MADE AT ALL PERMANENT REFERENCE MONUMENTS (P.R.M.).

COMMENCE AT P.R.M. R001 PNLS 1990; THENCE S 34 DEG. 00 MIN. 00 SEC. E A DISTANCE OF 595.00ꞌ FEET TO THE POINT OF BEGINNING; THENCE N 16 DEG. 55 MIN. 07 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF SAINT JOSEPH SOUND, SAID POINT BEING THE NORTHERN TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR PINELLAS COUNTY; THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING; SAID POINT BEING S 34 DEG. 00 MIN. 00 SEC. E A DISTANCE OF 595.00ꞌ FEET FROM (P.R.M.) R001 PNLS 1990.

THENCE S 16 DEG. 55 MIN. 07 SEC. W A DISTANCE OF 370.11ꞌ FEET TO A POINT; THENCE S 05 DEG. 40 MIN. 31 SEC. W A DISTANCE OF 661.90ꞌ FEET TO A POINT; THENCE S 06 DEG. 12 MIN. 57 SEC. W A DISTANCE OF 945.06ꞌ FEET TO A POINT; THENCE S 01 DEG. 31 MIN. 21 SEC. W A DISTANCE OF 1,146.15ꞌ FEET TO A POINT; THENCE S 03 DEG. 42 MIN. 56 SEC. E A DISTANCE OF 763.91ꞌ FEET TO A POINT; THENCE S 00 DEG. 03 MIN. 53 SEC. E A DISTANCE OF 207.31ꞌ FEET TO A POINT; THENCE S 00 DEG. 37 MIN. 05 SEC. E A DISTANCE OF 1003.95ꞌ FEET TO A POINT; SAID POINT BEING N 44 DEG. 45 MIN. 09 SEC. E A DISTANCE OF 1,512.10ꞌ FEET FROM P.R.M. 15-90-DA-01.

THENCE S 27 DEG. 58 MIN. 45 SEC. E A DISTANCE OF 862.90ꞌ FEET TO A POINT; THENCE S 42 DEG. 09 MIN. 25 SEC. E A DISTANCE OF 1,075.26ꞌ FEET TO A POINT; SAID POINT BEING N 73 DEG. 07 MIN. 36 SEC. E A DISTANCE OF 1,429.70ꞌ FEET FROM P.R.M. 15-90-DA-02.

THENCE S 45 DEG. 42 MIN. 01 SEC. E A DISTANCE OF 1,024.55ꞌ FEET TO A POINT; THENCE S 56 DEG. 30 MIN. 30 SEC. E A DISTANCE OF 1,107.39ꞌ FEET TO A POINT; THENCE S 65 DEG. 18 MIN. 05 SEC. E A DISTANCE OF 663.85ꞌ FEET TO A POINT; SAID POINT BEING N 57 DEG. 18 MIN. 26 SEC. E A DISTANCE OF 1537.30ꞌ FEET FROM P.R.M. 15-90-DA-03.

THENCE S 65 DEG. 18 MIN. 09 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF HURRICANE PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 57 DEG. 18 MIN. 26 SEC. E A DISTANCE OF 1,537.30ꞌ FEET FROM P.R.M. 15-90-DA03.

RECOMMENCE AT P.R.M. R022 PNLS 1974, THENCE N 37 DEG. 56 MIN. 38 SEC. E A DISTANCE OF 1,031.43ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 09 DEG. 14 MIN. 01 SEC. E TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE WESTERN SHORE OF SAINT JOSEPH SOUND; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 37 DEG. 56 MIN. 38 SEC. E A DISTANCE OF 1,031.43ꞌ FEET FROM P.R.M. R022 PNLS 1974.

THENCE S 09 DEG. 06 MIN. 51 SEC. W A DISTANCE OF 954.86ꞌ FEET TO A POINT; THENCE S 33 DEG. 22 MIN. 48 SEC. W A DISTANCE OF 1092.11ꞌ FEET TO A POINT; THENCE S 19 DEG. 22 MIN. 56 SEC. W A DISTANCE OF 1,021.21ꞌ FEET TO A POINT; THENCE S 27 DEG. 16 MIN. 23 SEC. E A DISTANCE OF 1,588.30ꞌ FEET TO A POINT; THENCE S 13 DEG. 39 MIN. 47 SEC. W A DISTANCE OF 1,009.83ꞌ FEET TO A POINT; THENCE S 22 DEG. 29 MIN. 50 SEC. W A DISTANCE OF 1,005.17ꞌ FEET TO A POINT; THENCE S 22 DEG. 34 MIN. 25 SEC. W A DISTANCE OF 930.69ꞌ FEET TO A POINT; THENCE S 05 DEG. 06 MIN. 23 SEC. W A DISTANCE OF 940.49ꞌ FEET TO A POINT; THENCE S 03 DEG. 58 MIN. 35 SEC. W A DISTANCE OF 1,017.58ꞌ FEET TO A POINT; SAID POINT BEING N 52 DEG. 31 MIN. 51 SEC. E A DISTANCE OF 1,676.16 FEET FROM P.R.M. R032 PNLS 1974.

THENCE S 02 DEG. 38 MIN. 40 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF DUNEDIN PASS. THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 52 DEG. 31 MIN. 51 SEC. E A DISTANCE OF 1,676.16ꞌ FEET FROM P.R.M. R032 PNLS 1974.

RECOMMENCE AT P.R.M. 15-99-DA-08A, THENCE S 40 DEG. 09 MIN. 26 SEC. W A DISTANCE OF 230.05ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 08 DEG. 36 MIN. 11 SEC. E A DISTANCE OF 548.17ꞌ FEET TO A POINT; THENCE N 48 DEG. 00 MIN. 00 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF DUNEDIN PASS; THENCE RETURN ALONG THE SAME COURSES TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 40 DEG. 09 MIN. 26 SEC. W A DISTANCE OF 230.05ꞌ FEET FROM P.R.M. 15-99-DA-08A.

THENCE S 04 DEG. 45 MIN. 02 SEC. E A DISTANCE OF 362.24ꞌ FEET TO A POINT; THENCE S 07 DEG. 12 MIN. 57 SEC. E A DISTANCE OF 1,019.07ꞌ FEET TO A POINT; SAID POINT BEING N 70 DEG. 39 MIN. 14 SEC. W A DISTANCE OF 557.46ꞌ FEET FROM P.R.M. 15-90-DA-08.

THENCE S 01 DEG. 08 MIN. 11 SEC. E A DISTANCE OF 1,122.52ꞌ FEET TO A POINT; THENCE S 22 DEG. 35 MIN. 11 SEC. W A DISTANCE OF 445.90ꞌ FEET TO A POINT; THENCE S 14 DEG. 05 MIN. 54 SEC. W A DISTANCE OF 527.08ꞌ FEET TO A POINT; SAID POINT BEING N 82 DEG. 13 MIN. 07 SEC. W A DISTANCE OF 1,390.65ꞌ FEET FROM P.R.M. 15-99-DA-07.

THENCE S 04 DEG. 27 MIN. 42 SEC. W A DISTANCE OF 1,000.33ꞌ FEET TO A POINT; THENCE S 03 DEG. 17 MIN. 22 SEC. W A DISTANCE OF 658.59ꞌ FEET TO A POINT; THENCE S 00 DEG. 30 MIN. 04 SEC. E A DISTANCE OF 343.01ꞌ FEET TO A POINT; THENCE S 03 DEG. 09 MIN. 02 SEC. E A DISTANCE OF 994.20ꞌ FEET TO A POINT; SAID POINT BEING S 04 DEG. 55 MIN. 53 SEC. E A DISTANCE OF 151.73ꞌ FEET FROM P.R.M. 15-90-DA-09.

THENCE S 02 DEG. 52 MIN. 59 SEC. E A DISTANCE OF 543.99ꞌ FEET TO A POINT; THENCE S 01 DEG. 01 MIN. 04 SEC. E A DISTANCE OF 497.18ꞌ FEET TO A POINT; THENCE S 01 DEG. 36 MIN. 06 SEC. E A DISTANCE OF 1,115.34ꞌ FEET TO A POINT; THENCE S 03 DEG. 00 MIN. 13 SEC. W A DISTANCE OF 667.92ꞌ FEET TO A POINT; SAID POINT BEING S 39 DEG. 12 MIN. 37 SEC. E A DISTANCE OF 336.65ꞌ FEET FROM P.R.M. 15-99-DA-10A.

THENCE S 09 DEG. 54 MIN. 34 SEC. W A DISTANCE OF 505.54ꞌ FEET TO A POINT; THENCE S 07 DEG. 20 MIN. 11 SEC. W A DISTANCE OF 856.01ꞌ FEET TO A POINT; THENCE S 11 DEG. 31 MIN. 51 SEC. W A DISTANCE OF 988.96ꞌ FEET TO A POINT; SAID POINT BEING S 82 DEG. 03 MIN. 33 SEC. E A DISTANCE OF 169.16ꞌ FEET FROM P.R.M. 15-99-DA-11A.

THENCE S 06 DEG. 46 MIN. 49 SEC. W A DISTANCE OF 2016.58ꞌ FEET TO A POINT; SAID POINT BEING S 04 DEG. 59 MIN. 09 SEC. W A DISTANCE OF 1,217.58ꞌ FEET FROM P.R.M. 15-77-B09A.

THENCE S 06 DEG. 53 MIN. 19 SEC. W A DISTANCE OF 607.91ꞌ FEET TO A POINT; THENCE S 76 DEG. 36 MIN. 25 SEC. W A DISTANCE OF 302.22ꞌ FEET TO A POINT; SAID POINT BEING N 67 DEG. 46 MIN. 49 SEC. W A DISTANCE OF 441.92ꞌ FEET FROM P.R.M. 15-77-B-09.

THENCE S 22 DEG. 39 MIN. 10 SEC. E A DISTANCE OF 381.57ꞌ FEET TO A POINT; THENCE S 42 DEG. 45 MIN. 00 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF CLEARWATER PASS; THENCE RETURN ALONG THE SAME COURSES TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 67 DEG. 46 MIN. 49 SEC. W A DISTANCE OF 441.92ꞌ FEET FROM P.R.M. 15-77-B-09.

RECOMMENCE AT P.R.M. 15-99-DA-13A, THENCE N 16 DEG. 34 MIN. 08 SEC. E A DISTANCE OF 868.55ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 13 DEG. 00 MIN. 00 SEC. E TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF CLEARWATER PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 16 DEG. 34 MIN. 08 SEC. E A DISTANCE OF 868.55ꞌ FEET FROM P.R.M. 15-99-DA-13A.

THENCE S 49 DEG. 14 MIN. 18 SEC. W A DISTANCE OF 1,040.11ꞌ FEET TO A POINT; THENCE S 60 DEG. 49 MIN. 54 SEC. W A DISTANCE OF 1,351.12ꞌ FEET TO A POINT; THENCE S 20 DEG. 49 MIN. 30 SEC. W A DISTANCE OF 523.18ꞌ FEET TO A POINT; SAID POINT BEING N 79 DEG. 14 MIN. 29 SEC. W A DISTANCE OF 949.38ꞌ FEET FROM P.R.M. 15-99-DA-13B.

THENCE S 21 DEG. 26 MIN. 17 SEC. W A DISTANCE OF 1,201.10ꞌ FEET TO A POINT; THENCE S 36 DEG. 56 MIN. 07 SEC. W A DISTANCE OF 1,224.80ꞌ FEET TO A POINT; THENCE S 28 DEG. 04 MIN. 21 SEC. W A DISTANCE OF 731.00ꞌ FEET TO A POINT; THENCE S 31 DEG. 07 MIN. 36 SEC. W A DISTANCE OF 421.72ꞌ FEET TO A POINT; THENCE S 24 DEG. 38 MIN. 10 SEC. W A DISTANCE OF 869.40ꞌ FEET TO A POINT; THENCE S 24 DEG. 25 MIN. 05 SEC. W A DISTANCE OF 993.65ꞌ FEET TO A POINT; THENCE S 24 DEG. 59 MIN. 05 SEC. W A DISTANCE OF 1,027.08ꞌ FEET TO A POINT; THENCE S 21 DEG. 48 MIN. 35 SEC. W A DISTANCE OF 1,273.13ꞌ FEET TO A POINT; THENCE S 16 DEG. 03 MIN. 34 SEC. W A DISTANCE OF 2,524.52ꞌ FEET TO A POINT; THENCE S 13 DEG. 21 MIN. 39 SEC. W A DISTANCE OF 1,022.68ꞌ FEET TO A POINT; SAID POINT BEING N 78 DEG. 08 MIN. 09 SEC. W A DISTANCE OF 249.32ꞌ FEET FROM P.R.M. 15-99-DA-15A.

THENCE S 13 DEG. 19 MIN. 36 SEC. W A DISTANCE OF 1,056.96ꞌ FEET TO A POINT; THENCE S 10 DEG. 47 MIN. 56 SEC. W A DISTANCE OF 999.90ꞌ FEET TO A POINT; THENCE S 10 DEG. 55 MIN. 31 SEC. W A DISTANCE OF 921.53ꞌ FEET TO A POINT; SAID POINT BEING S 88 DEG. 16 MIN. 34 SEC. W A DISTANCE OF 246.90ꞌ FEET FROM P.R.M. 15-99-DA-15B.

THENCE S 12 DEG. 03 MIN. 17 SEC. W A DISTANCE OF 960.46ꞌ FEET TO A POINT; SAID POINT BEING N 05 DEG. 35 MIN. 22 SEC. W A DISTANCE OF 825.49ꞌ FEET FROM P.R.M. 15-99-DA-15C.

THENCE S 12 DEG. 11 MIN. 35 SEC. W A DISTANCE OF 2,023.54ꞌ FEET TO A POINT; THENCE S 11 DEG. 40 MIN. 36 SEC. W A DISTANCE OF 1,411.53ꞌ FEET TO A POINT; SAID POINT BEING N 69 DEG. 55 MIN. 36 SEC. W A DISTANCE OF 286.89ꞌ FEET FROM P.R.M. 15-99-DA-15D.

THENCE S 09 DEG. 14 MIN. 12 SEC. W A DISTANCE OF 710.21ꞌ FEET TO A POINT; THENCE S 08 DEG. 27 MIN. 38 SEC. W A DISTANCE OF 1,061.91ꞌ FEET TO A POINT; THENCE S 08 DEG. 15 MIN. 27 SEC. W A DISTANCE OF 931.30ꞌ FEET TO A POINT; SAID POINT BEING S 57 DEG. 46 MIN. 50 SEC. W A DISTANCE OF 423.67ꞌ FEET FROM P.R.M. 15-90-DA-16.

THENCE S 08 DEG. 42 MIN. 06 SEC. W A DISTANCE OF 931.94ꞌ FEET TO A POINT; THENCE S 08 DEG. 21 MIN. 39 SEC. W A DISTANCE OF 842.24ꞌ FEET TO A POINT; SAID POINT BEING S 84 DEG. 38 MIN. 44 SEC. W A DISTANCE OF 333.75ꞌ FEET FROM P.R.M. 15-90-DA-17.

THENCE S 08 DEG. 04 MIN. 38 SEC. W A DISTANCE OF 1,014.67ꞌ FEET TO A POINT; THENCE S 09 DEG. 32 MIN. 27 SEC. W A DISTANCE OF 992.17ꞌ FEET TO A POINT; THENCE S 08 DEG. 27 MIN. 57 SEC. W A DISTANCE OF 1,015.52ꞌ FEET TO A POINT; SAID POINT BEING S 63 DEG. 08 MIN. 59 SEC. W A DISTANCE OF 324.33ꞌ FEET FROM P.R.M. 15-90-DA-17A.

THENCE S 02 DEG. 36 MIN. 09 SEC. W A DISTANCE OF 946.98ꞌ FEET TO A POINT; SAID POINT BEING N 82 DEG. 56 MIN. 15 SEC. W A DISTANCE OF 220.24ꞌ FEET FROM P.R.M. NARROW-D.

THENCE S 03 DEG. 19 MIN. 45 SEC. E A DISTANCE OF 1,009.61ꞌ FEET TO A POINT; SAID POINT BEING S 68 DEG. 06 MIN. 54 SEC. W A DISTANCE OF 251.94ꞌ FEET FROM P.R.M. 15-90-DA-17B.

THENCE S 00 DEG. 49 MIN. 38 SEC. E A DISTANCE OF 995.20ꞌ FEET TO A POINT; THENCE S 01 DEG. 44 MIN. 50 SEC. E A DISTANCE OF 1,049.49ꞌ FEET TO A POINT; SAID POINT BEING N 62 DEG. 40 MIN. 18 SEC. W A DISTANCE OF 266.59ꞌ FEET FROM P.R.M. NARROW.

THENCE S 04 DEG. 20 MIN. 51 SEC. E A DISTANCE OF 1,028.96ꞌ FEET TO A POINT; THENCE S 07 DEG. 16 MIN. 26 SEC. E A DISTANCE OF 1,003.07ꞌ FEET TO A POINT; THENCE S 08 DEG. 09 MIN. 30 SEC. E A DISTANCE OF 1,003.51ꞌ FEET TO A POINT; THENCE S 08 DEG. 33 MIN. 38 SEC. E A DISTANCE OF 1,045.29ꞌ FEET TO A POINT; THENCE S 11 DEG. 01 MIN. 32 SEC. E A DISTANCE OF 1,856.26ꞌ FEET TO A POINT; SAID POINT BEING S 52 DEG. 27 MIN. 37 SEC. W A DISTANCE OF 252.42ꞌ FEET FROM P.R.M. NARROW-F.

THENCE S 14 DEG. 34 MIN. 49 SEC. E A DISTANCE OF 945.45ꞌ FEET TO A POINT; THENCE S 15 DEG. 02 MIN. 11 SEC. E A DISTANCE OF 1,056.16ꞌ FEET TO A POINT; THENCE S 16 DEG. 55 MIN. 48 SEC. E A DISTANCE OF 999.31ꞌ FEET TO A POINT; THENCE S 20 DEG. 48 MIN. 33 SEC. E A DISTANCE OF 954.25ꞌ FEET TO A POINT; THENCE S 22 DEG. 18 MIN. 56 SEC. E A DISTANCE OF 579.39ꞌ FEET TO A POINT; THENCE S 23 DEG. 21 MIN. 07 SEC. E A DISTANCE OF 638.28ꞌ FEET TO A POINT; SAID POINT BEING N 54 DEG. 37 MIN. 31 SEC. W A DISTANCE OF 276.05ꞌ FEET FROM P.R.M. 15-99-DA-17D.

THENCE S 25 DEG. 58 MIN. 36 SEC. E A DISTANCE OF 2,917.78ꞌ FEET TO A POINT; SAID POINT BEING S 57 DEG. 21 MIN. 08 SEC. W A DISTANCE OF 320.15ꞌ FEET FROM P.R.M. 15-90-DA-18.

THENCE S 30 DEG. 43 MIN. 26 SEC. E A DISTANCE OF 2,293.99ꞌ FEET TO A POINT; SAID POINT BEING S 59 DEG. 06 MIN. 15 SEC. W A DISTANCE OF 371.50ꞌ FEET FROM P.R.M. 15-90-DA-19A.

THENCE S 32 DEG. 04 MIN. 54 SEC. E A DISTANCE OF 1,195.57ꞌ FEET TO A POINT; SAID POINT BEING N 62 DEG. 59 MIN. 52 SEC. W A DISTANCE OF 921.02ꞌ FEET FROM P.R.M. REDINGTON-C.

THENCE S 26 DEG. 52 MIN. 58 SEC. E A DISTANCE OF 1,371.18ꞌ FEET TO A POINT; THENCE S 23 DEG. 30 MIN. 54 SEC. E A DISTANCE OF 1,117.83ꞌ FEET TO A POINT; SAID POINT BEING S 69 DEG. 17 MIN. 58 SEC. W A DISTANCE OF 380.98 FEET FROM P.R.M. REDINGTON-B.

THENCE S 31 DEG. 08 MIN. 12 SEC. E A DISTANCE OF 796.79ꞌ FEET TO A POINT; THENCE S 34 DEG. 49 MIN. 29 SEC. E A DISTANCE OF 896.57ꞌ FEET TO A POINT; SAID POINT BEING N 89 DEG. 03 MIN. 45 SEC. W A DISTANCE OF 323.16ꞌ FEET FROM P.R.M. REDINGTON-D.

THENCE S 37 DEG. 39 MIN. 57 SEC. E A DISTANCE OF 792.08ꞌ FEET TO A POINT; THENCE S 42 DEG. 36 MIN. 45 SEC. E A DISTANCE OF 1,035.40ꞌ FEET TO A POINT; SAID POINT BEING N 55 DEG. 59 MIN. 59 SEC. W A DISTANCE OF 1,174.56ꞌ FEET FROM P.R.M. 15-90-DA-19B.

THENCE S 43 DEG. 45 MIN. 25 SEC. E A DISTANCE OF 2,118.28ꞌ FEET TO A POINT; SAID POINT BEING N 74 DEG. 46 MIN. 20 SEC. W A DISTANCE OF 661.37ꞌ FEET FROM P.R.M. 15-90-DA-20.

THENCE S 51 DEG. 54 MIN. 09 SEC. E A DISTANCE OF 2,053.47ꞌ FEET TO A POINT; THENCE S 52 DEG. 27 MIN. 24 SEC. E A DISTANCE OF 1,939.73ꞌ FEET TO A POINT; THENCE S 49 DEG. 10 MIN. 09 SEC. E A DISTANCE OF 1,001.79ꞌ FEET TO A POINT; SAID POINT BEING S 26 DEG. 49 MIN. 28 SEC. W A DISTANCE OF 297.81ꞌ FEET FROM P.R.M. 15-99-DA-21B.

THENCE S 47 DEG. 56 MIN. 17 SEC. E A DISTANCE OF 910.54ꞌ FEET TO A POINT; THENCE S 49 DEG. 24 MIN. 18 SEC. E A DISTANCE OF 1,003.52ꞌ FEET TO A POINT; SAID POINT BEING S 37 DEG. 58 MIN. 47 SEC. W A DISTANCE OF 259.77ꞌ FEET FROM P.R.M. 15-77-B-08.

THENCE S 48 DEG. 48 MIN. 00 SEC. E A DISTANCE OF 1,141.66ꞌ FEET TO A POINT; THENCE S 48 DEG. 43 MIN. 25 SEC. E A DISTANCE OF 1,012.59ꞌ FEET TO A POINT; SAID POINT BEING S 04 DEG. 10 MIN. 26 SEC. E A DISTANCE OF 207.01ꞌ FEET FROM P.R.M. 15-90-DA-22.

THENCE S 48 DEG. 38 MIN. 43 SEC. E A DISTANCE OF 989.83ꞌ FEET TO A POINT; SAID POINT BEING N 83 DEG. 14 MIN. 02 SEC. W A DISTANCE OF 343.50ꞌ FEET FROM P.R.M. 15-90-DA-23.

THENCE S 48 DEG. 40 MIN. 58 SEC. E A DISTANCE OF 1,354.08ꞌ FEET TO A POINT; SAID POINT BEING N 67 DEG. 49 MIN. 25 SEC. W A DISTANCE OF 588.04ꞌ FEET FROM P.R.M. 15-90-DA-23A.

THENCE S 44 DEG. 07 MIN. 13 SEC. E A DISTANCE OF 736.89ꞌ FEET TO A POINT; THENCE S 43 DEG. 41 MIN. 19 SEC. E A DISTANCE OF 648.59ꞌ FEET TO A POINT; THENCE S 38 DEG. 39 MIN. 36 SEC. E A DISTANCE OF 448.22ꞌ FEET TO A POINT; SAID POINT BEING S 71 DEG. 50 MIN. 18 SEC. W A DISTANCE OF 309.87ꞌ FEET FROM P.R.M. 15-90-DA-24.

THENCE S 36 DEG. 40 MIN. 40 SEC. E A DISTANCE OF 894.00ꞌ FEET TO A POINT; THENCE S 32 DEG. 15 MIN. 06 SEC. E A DISTANCE OF 1,060.64ꞌ FEET TO A POINT; SAID POINT BEING S 34 DEG. 42 MIN. 03 SEC. W A DISTANCE OF 468.76ꞌ FEET FROM P.R.M. 15-90-DA-25.

THENCE S 36 DEG. 31 MIN. 19 SEC. E A DISTANCE OF 494.01ꞌ FEET TO A POINT; SAID POINT BEING N 26 DEG. 19 MIN. 05 SEC. W A DISTANCE OF 1,037.37ꞌ FEET FROM P.R.M. MADERIA.

THENCE S 37 DEG. 00 MIN. 00 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF JOHNS PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 26 DEG. 19 MIN. 05 SEC. W A DISTANCE OF 1,037.37ꞌ FEET FROM P.R.M. MADERIA.

RECOMMENCE AT P.R.M. MADERIA, THENCE N 78 DEG. 18 MIN. 44 SEC. W A DISTANCE OF 191.89ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 14 DEG. 38 MIN. 00 SEC. W TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF JOHNS PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 78 DEG. 18 MIN. 44 SEC. W A DISTANCE OF 191.88ꞌ FEET FROM P.R.M. MADERIA.

THENCE S 00 DEG. 40 MIN. 55 SEC. W A DISTANCE OF 168.01ꞌ FEET TO A POINT; THENCE S 24 DEG. 08 MIN. 44 SEC. E A DISTANCE OF 1,080.54ꞌ FEET TO A POINT; SAID POINT BEING S 89 DEG. 42 MIN. 47 SEC. W A DISTANCE OF 613.23ꞌ FEET FROM P.R.M. 15-90-DA-25A.

THENCE S 24 DEG. 08 MIN. 18 SEC. E A DISTANCE OF 496.41ꞌ FEET TO A POINT; SAID POINT BEING N 85 DEG. 42 MIN. 57 SEC. W A DISTANCE OF 646.15ꞌ FEET FROM P.R.M. 15-90-DA-25B.

THENCE S 32 DEG. 39 MIN. 19 SEC. E A DISTANCE OF 214.98ꞌ FEET TO A POINT; THENCE S 41 DEG. 16 MIN. 40 SEC. E A DISTANCE OF 294.07ꞌ FEET TO A POINT; THENCE S 51 DEG. 34 MIN. 19 SEC. E A DISTANCE OF 308.91ꞌ FEET TO A POINT; THENCE S 63 DEG. 55 MIN. 44 SEC. E A DISTANCE OF 259.39ꞌ FEET TO A POINT; THENCE S 73 DEG. 28 MIN. 56 SEC. E A DISTANCE OF 151.24ꞌ FEET TO A POINT; THENCE N 22 DEG. 16 MIN. 33 SEC. E A DISTANCE OF 179.39ꞌ FEET TO A POINT; SAID POINT BEING S 39 DEG. 25 MIN. 06 SEC. W A DISTANCE OF 391.53ꞌ FEET FROM P.R.M. 15-90-DA-25C.

THENCE S 65 DEG. 14 MIN. 26 SEC. E A DISTANCE OF 255.49ꞌ FEET TO A POINT; THENCE S 55 DEG. 12 MIN. 21 SEC. E A DISTANCE OF 474.91ꞌ FEET TO A POINT; SAID POINT BEING S 76 DEG. 20 MIN. 38 SEC. W A DISTANCE OF 330.99ꞌ FEET FROM P.R.M. 15-90-DA-26.

THENCE S 48 DEG. 18 MIN. 10 SEC. E A DISTANCE OF 1,116.96ꞌ FEET TO A POINT; SAID POINT BEING N 89 DEG. 26 MIN. 46 SEC. W A DISTANCE OF 313.15ꞌ FEET FROM P.R.M. 15-90-DA-27.

THENCE S 39 DEG. 44 MIN. 50 SEC. E A DISTANCE OF 502.03ꞌ FEET TO A POINT; THENCE S 40 DEG. 07 MIN. 33 SEC. E A DISTANCE OF 194.72ꞌ FEET TO A POINT; THENCE S 37 DEG. 33 MIN. 35 SEC. E A DISTANCE OF 194.39ꞌ FEET TO A POINT; THENCE S 32 DEG. 10 MIN. 43 SEC. E A DISTANCE OF 975.38ꞌ FEET TO A POINT; SAID POINT BEING S 07 DEG. 52 MIN. 49 SEC. W A DISTANCE OF 492.94ꞌ FEET FROM P.R.M. 15-90-DA-27A.

THENCE S 25 DEG. 20 MIN. 21 SEC. E A DISTANCE OF 947.61ꞌ FEET TO A POINT; THENCE N 87 DEG. 20 MIN. 14 SEC. W A DISTANCE OF 43.05ꞌ FEET TO A POINT; SAID POINT BEING N 77 DEG. 55 MIN. 14 SEC. W A DISTANCE OF 173.46ꞌ FEET FROM P.R.M. RAINEY-J.

THENCE S 23 DEG. 23 MIN. 38 SEC. E A DISTANCE OF 501.20ꞌ FEET TO A POINT; THENCE S 19 DEG. 41 MIN. 05 SEC. E A DISTANCE OF 623.43ꞌ FEET TO A POINT; SAID POINT BEING S 59 DEG. 59 MIN. 29 SEC. W A DISTANCE OF 195.50ꞌ FEET FROM P.R.M. RAINEY-K.

THENCE S 14 DEG. 07 MIN. 33 SEC. E A DISTANCE OF 133.54ꞌ FEET TO A POINT; THENCE S 16 DEG. 23 MIN. 10 SEC. E A DISTANCE OF 497.72ꞌ FEET TO A POINT; SAID POINT BEING S 64 DEG. 43 MIN. 26 SEC. W A DISTANCE OF 133.42ꞌ FEET FROM P.R.M. PBE 144 68.

THENCE S 12 DEG. 14 MIN. 33 SEC. E A DISTANCE OF 542.33ꞌ FEET TO A POINT; SAID POINT BEING N 28 DEG. 53 MIN. 02 SEC. W A DISTANCE OF 570.04ꞌ FEET FROM P.R.M. BLIND-D.

THENCE S 17 DEG. 16 MIN. 36 SEC. E A DISTANCE OF 1,075.16ꞌ FEET TO A POINT; THENCE S 14 DEG. 56 MIN. 53 SEC. E A DISTANCE OF 1,134.75ꞌ FEET TO A POINT; SAID POINT BEING S 09 DEG. 04 MIN. 32 SEC. W A DISTANCE OF 403.63ꞌ FEET FROM P.R.M. 15-90-DA-27B.

THENCE S 19 DEG. 50 MIN. 03 SEC. E A DISTANCE OF 1,839.10ꞌ FEET TO A POINT; SAID POINT BEING S 03 DEG. 24 MIN. 54 SEC. W A DISTANCE OF 339.84ꞌ FEET FROM P.R.M. 15-90-DA-28.

THENCE S 24 DEG. 43 MIN. 36 SEC. E A DISTANCE OF 1,728.47ꞌ FEET TO A POINT; SAID POINT BEING S 20 DEG. 17 MIN. 24 SEC. W A DISTANCE OF 170.76ꞌ FEET FROM P.R.M. 15-90-DA-29.

THENCE S 36 DEG. 14 MIN. 56 SEC. E A DISTANCE OF 948.64ꞌ FEET TO A POINT; THENCE S 42 DEG. 49 MIN. 13 SEC. E A DISTANCE OF 685.69ꞌ FEET TO A POINT; SAID POINT BEING N 30 DEG. 09 MIN. 42 SEC. W A DISTANCE OF 865.19ꞌ FEET FROM P.R.M. COE BLIND PASS.

THENCE S 34 DEG. 46 MIN. 42 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF BLIND PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 30 DEG. 09 MIN. 42 SEC. W A DISTANCE OF 865.19ꞌ FEET FROM P.R.M. COE BLIND PASS.

RECOMMENCE AT P.R.M. COE BLIND PASS, THENCE S 51 DEG. 23 MIN. 35 SEC. E A DISTANCE OF 605.70ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 43 DEG. 10 MIN. 23 SEC. W TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF BLIND PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 51 DEG. 23 MIN. 35 SEC. E A DISTANCE OF 605.70ꞌ FEET FROM P.R.M. COE BLIND PASS.

THENCE S 43 DEG. 10 MIN. 23 SEC. E A DISTANCE OF 887.16ꞌ FEET TO A POINT; THENCE S 45 DEG. 23 MIN. 22 SEC. E A DISTANCE OF 1,040.89ꞌ FEET TO A POINT; THENCE S 45 DEG. 48 MIN. 25 SEC. E A DISTANCE OF 803.35ꞌ FEET TO A POINT; SAID POINT BEING S 56 DEG. 26 MIN. 59 SEC. W A DISTANCE OF 754.49ꞌ FEET FROM P.R.M. PBE 133.

THENCE S 35 DEG. 16 MIN. 08 SEC. E A DISTANCE OF 966.38ꞌ FEET TO A POINT; SAID POINT BEING S 75 DEG. 19 MIN. 20 SEC. W A DISTANCE OF 762.85ꞌ FEET.

FROM P.R.M. BLIND-P.

THENCE S 30 DEG. 41 MIN. 09 SEC. E A DISTANCE OF 1,095.36ꞌ FEET TO A POINT; SAID POINT BEING N 59 DEG. 33 MIN. 03 SEC. W A DISTANCE OF 1,028.50ꞌ FEET FROM P.R.M. 15-77-B-04.

THENCE S 24 DEG. 45 MIN. 42 SEC. E A DISTANCE OF 2,046.11ꞌ FEET TO A POINT; SAID POINT BEING S 66 DEG. 53 MIN. 50 SEC. W A DISTANCE OF 445.94ꞌ FEET FROM P.R.M. NOAA D.

THENCE S 18 DEG. 36 MIN. 57 SEC. E A DISTANCE OF 1,076.66ꞌ FEET TO A POINT; THENCE S 15 DEG. 58 MIN. 55 SEC. E A DISTANCE OF 1,039.87ꞌ FEET TO A POINT; THENCE S 13 DEG. 38 MIN. 48 SEC. E A DISTANCE OF 1,034.20ꞌ FEET TO A POINT; SAID POINT BEING N 41 DEG. 47 MIN. 33 SEC. W A DISTANCE OF 581.09ꞌ FEET FROM P.R.M. 15-99 DA-31.

THENCE S 11 DEG. 55 MIN. 49 SEC. E A DISTANCE OF 996.52ꞌ FEET TO A POINT; THENCE S 07 DEG. 59 MIN. 08 SEC. E A DISTANCE OF 1,007.77ꞌ FEET TO A POINT; SAID POINT BEING N 24 DEG. 55 MIN. 59 SEC. W A DISTANCE OF 370.64ꞌ FEET FROM P.R.M. NOAA.

THENCE S 06 DEG. 01 MIN. 04 SEC. E A DISTANCE OF 1,039.73ꞌ FEET TO A POINT; SAID POINT BEING S 86 DEG. 56 MIN. 24 SEC. W A DISTANCE OF 440.54ꞌ FEET FROM P.R.M. 15-99-DA-31A.

THENCE S 03 DEG. 19 MIN. 04 SEC. E A DISTANCE OF 1,036.74ꞌ FEET TO A POINT; THENCE S 01 DEG. 01 MIN. 42 SEC. E A DISTANCE OF 1,003.16ꞌ FEET TO A POINT; SAID POINT BEING N 53 DEG. 50 MIN. 07 SEC. W A DISTANCE OF 503.73 FEET FROM P.R.M. 15-90-DA-32.

THENCE S 00 DEG. 15 MIN. 20 SEC. E A DISTANCE OF 1,020.52ꞌ FEET TO A POINT; THENCE S 03 DEG. 41 MIN. 06 SEC. W A DISTANCE OF 3,789.33ꞌ FEET TO A POINT; SAID POINT BEING S 06 DEG. 42 MIN. 31 SEC. E A DISTANCE OF 578.47 FEET FROM P.R.M. NOAA-A.

THENCE S 02 DEG. 00 MIN. 59 SEC. E A DISTANCE OF 1,615.50ꞌ FEET TO A POINT; SAID POINT BEING S 03 DEG. 45 MIN. 06 SEC. E A DISTANCE OF 5.06ꞌ FEET FROM P.R.M. NOS 6430 J 1988.

THENCE S 02 DEG. 00 MIN. 59 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTHERN SHORE OF PASS-A-GRILLE CHANNEL; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 03 DEG. 45 MIN.

RECOMMENCE AT P.R.M. R170 PNLS 1974, THENCE N 68 DEG. 46 MIN. 13 SEC. E A DISTANCE OF 2,327.41ꞌ FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 11 DEG. 17 MIN. 25 SEC. E TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN SHORE OF BUNCES PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 68 DEG. 46 MIN. 13 SEC. E A DISTANCE OF 2,327.41ꞌ FEET FROM P.R.M. R170 PNLS 1974.

THENCE S 16 DEG. 08 MIN. 36 SEC. W A DISTANCE OF 1,036.48ꞌ FEET TO A POINT; THENCE S 14 DEG. 26 MIN. 12 SEC. W A DISTANCE OF 619.62ꞌ FEET TO A POINT; THENCE S 70 DEG. 44 MIN. 02 SEC. W A DISTANCE OF 566.74ꞌ FEET TO A POINT; THENCE S 23 DEG. 22 MIN. 06 SEC. E A DISTANCE OF 739.95ꞌ FEET TO A POINT; SAID POINT BEING N 65 DEG. 00 MIN. 00 SEC. E A DISTANCE OF 410.00ꞌ FEET FROM P.R.M. R172 PNLS 1990.

THENCE S 16 DEG. 33 MIN. 13 SEC. E A DISTANCE OF 608.99ꞌ FEET TO A POINT; THENCE S 03 DEG. 23 MIN. 06 SEC. E A DISTANCE OF 831.97ꞌ FEET TO A POINT; THENCE S 05 DEG. 51 MIN. 59 SEC. W A DISTANCE OF 1,007.45ꞌ FEET TO A POINT; SAID POINT BEING N 85 DEG. 00 MIN. 00 SEC. E A DISTANCE OF 130.00ꞌ FEET FROM P.R.M. T174 PNLS 1977.

THENCE S 06 DEG. 22 MIN. 44 SEC. W A DISTANCE OF 1,068.28ꞌ FEET TO A POINT; THENCE S 01 DEG. 44 MIN. 54 SEC. W A DISTANCE OF 1,013.78ꞌ FEET TO A POINT; THENCE S 01 DEG. 16 MIN. 36 SEC. E A DISTANCE OF 1,027.75ꞌ FEET TO A POINT; SAID POINT BEING N 77 DEG. 13 MIN. 35 SEC. W A DISTANCE OF 23.74ꞌ FEET FROM P.R.M. T177 PNLS 1977.

THENCE S 07 DEG. 24 MIN. 14 SEC. W A DISTANCE OF 993.28ꞌ FEET TO A POINT; THENCE S 42 DEG. 09 MIN. 08 SEC. E A DISTANCE OF 1,037.55ꞌ FEET TO A POINT; THENCE S 78 DEG. 06 MIN. 46 SEC. E A DISTANCE OF 423.20ꞌ FEET TO A POINT; THENCE N 55 DEG. 36 MIN. 33 SEC. E A DISTANCE OF 811.86ꞌ FEET TO A POINT; THENCE N 60 DEG. 27 MIN. 43 SEC. E A DISTANCE OF 1,077.90ꞌ FEET TO A POINT; THENCE N 61 DEG. 06 MIN. 45 SEC. E A DISTANCE OF 943.54ꞌ FEET TO A POINT; THENCE N 69 DEG. 34 MIN. 48 SEC. E A DISTANCE OF 1,106.49ꞌ FEET TO A POINT; THENCE N 62 DEG. 48 MIN. 13 SEC. E A DISTANCE OF 942.77ꞌ FEET TO A POINT; THENCE N 62 DEG. 38 MIN. 22 SEC. E A DISTANCE OF 985.06ꞌ FEET TO A POINT; SAID POINT BEING S 80 DEG. 51 MIN. 05 SEC. W A DISTANCE OF 520.44ꞌ FEET FROM P.R.M. 15-90-DA-30.

THENCE N 62 DEG. 07 MIN. 42 SEC. E A DISTANCE OF 1,206.85ꞌ FEET TO A POINT; SAID POINT BEING N 34 DEG. 11 MIN. 57 SEC. E A DISTANCE OF 589.49ꞌ FEET FROM P.R.M. DESOTO 1973.

THENCE N 62 DEG. 25 MIN. 10 SEC. E A DISTANCE OF 996.75ꞌ FEET TO A POINT; THENCE N 66 DEG. 29 MIN. 17 SEC. E A DISTANCE OF 992.41ꞌ FEET TO A POINT; THENCE N 60 DEG. 09 MIN. 37 SEC. E A DISTANCE OF 855.64ꞌ FEET TO A POINT; SAID POINT BEING N 71 DEG. 52 MIN. 35 SEC. W A DISTANCE OF 165.70ꞌ FEET FROM P.R.M. 15-90-B01-2.

THENCE N 53 DEG. 04 MIN. 23 SEC. E A DISTANCE OF 686.16ꞌ FEET TO A POINT; THENCE N 29 DEG. 43 MIN. 08 SEC. E A DISTANCE OF 800.27ꞌ FEET TO A POINT; THENCE N 23 DEG. 47 MIN. 42 SEC. E A DISTANCE OF 2,362.79ꞌ FEET TO A POINT; SAID POINT BEING N 47 DEG. 13 MIN. 03 SEC. W A DISTANCE OF 198.20ꞌ FEET FROM P.R.M. DESOTO-B.

THENCE N 23 DEG. 47 MIN. 41 SEC. E; TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF TAMPA BAY, SAID POINT BEING THE SOUTHERN TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR PINELLAS COUNTY.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 1-10-79, Formerly 16B-26.11, 16B-26.011, Amended 12-31-01, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.012 Description of the Dade County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Dade County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect 20 days after filing with the Florida Department of State or on the date that it is duly recorded in the public records in the office of the Clerk of the Circuit Court, in and for Dade County, Florida, together with each affected municipality, whichever is later.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE DADE COUNTY, FLORIDA

Description of the Coastal Construction Control Line (CCCL) is established in compliance with Section 161.053, F.S. Said Control Line lying along the Atlantic Coast from the Dade and Broward County Line south to the Mean High Water Line of Biscayne Bay.

Said Coastal Construction Control Line is related to a series of “Permanent Reference Monuments” (P.R.M.) designated and hereinafter referred to as “87-78-A-01” through “87-78-A-20” for monuments established by the Department of Environmental Protection, State of Florida or referred to by station name for monuments established by the National Geodetic Survey (N.G.S.).

Commence at P.R.M. SPHERE (NGS) thence S 26 deg. 57 min. 54.1 sec. E (GN) a distance of 2028.93 feet to the point of beginning;

Thence N 2 deg. 06 min. 29.3 sec. E (GN) to the Dade and Broward County Line;

Thence return along same course to the point of beginning;

Thence S 2 deg. 06 min. 29.3 sec. W (GN) a distance of 1034.50ꞌ feet; Thence S 2 deg. 10 min. 24.1 sec. W (GN) a distance of 1104.45ꞌ feet to a point on the CCCL, said point being S 12 deg. 20 min. 49.7 sec. E (GN) a distance of 417.02ꞌ feet from P.R.M. 87-78-A-01 (DNR);

Thence S 1 deg. 49 min. 40.4 sec. W (GN) a distance of 1,068.36ꞌ feet; Thence S 2 deg. 07 min. 44.0 sec. W (GN) a distance of 1,077.45ꞌ feet; Thence S 1 deg. 22 min. 38.9 sec. W (GN) a distance of 1,018.50ꞌ feet; Thence S 1 deg. 15 min. 47.9 sec. E (GN) a distance of 1,199.00ꞌ feet; Thence S 1 deg. 55 min. 13.8 sec. W (GN) a distance of 910.92ꞌ feet to a point on the CCCL, said point being S 59 deg. 53 min. 10.8 sec. E (GN) a distance of 292.92ꞌ feet from P.R.M. 87-78-A-02 (DNR);

Thence S 4 deg. 10 min. 59.9 sec. W (GN) a distance of 789.33ꞌ feet; Thence S 1 deg. 36 min. 26.0 sec. W (GN) a distance of 1,493.85ꞌ feet; Thence S 2 deg. 42 min. 58.9 sec. W (GN) a distance of 1,061.11ꞌ feet to a point on the CCCL, said point being S 80 deg. 26. min. 35.8 sec. E (GN) a distance of 361.32ꞌ feet from P.R.M. 87-78-A-03 (DNR);

Thence S 2 deg. 26 min. 30.3 sec. W (GN) a distance of 1,090.49ꞌ feet; Thence S 2 deg. 59 min. 24.5 sec. W (GN) a distance of 1,021.92ꞌ feet; Thence S 6 deg. 04 min. 46.9 sec. W (GN) a distance of 1,117.56ꞌ feet; Thence S 6 deg. 01 min. 31.0 sec. W (GN) a distance of 909.08ꞌ feet; Thence S 2 deg. 27 min. 28.0 sec. W (GN) a distance of 1,106.59ꞌ feet to a point on the CCCL, said point being N 47 deg. 03 min. 56.5 sec. E (GN) a distance of 120.46ꞌ feet from P.R.M. NEWPORT (NGS);

Thence S 4 deg. 35 min. 09.4 sec. W (GN) a distance of 1,141.72ꞌ feet; Thence S 2 deg. 16 min. 33.5 sec. W (GN) a distance of 1,044.48ꞌ feet; Thence S 1 deg. 26 min. 38.1 sec. W (GN) a distance of 1,114.38ꞌ feet; Thence S 1 deg. 26 min. 38.1 sec. W (GN) a distance of 309.00ꞌ feet; Thence N 90 deg. 00 min. 00.0 sec. W (GN) a distance of 129.00ꞌ feet to a point on the CCCL, said point being N 87 deg. 46 min. 00.8 sec. E (GN) a distance of 45.43ꞌ feet from P.R.M. 87-78-A-04 (DNR);

Thence S 0 deg. 59 min. 13.2 sec. W (GN) a distance of 785.53ꞌ feet; Thence S 0 deg. 48 min. 03.3 sec. W (GN) a distance of 1,002.14ꞌ feet; Thence S 1 deg. 21 min. 09.8 sec. W (GN) a distance of 989.45ꞌ feet; Thence S 0 deg. 09 min. 22.1 sec. W (GN) a distance of 983.41ꞌ feet to a point on the CCCL, said point being N 10 deg. 31 min. 17.6 sec. E (GN) a distance of 517.54ꞌ feet from P.R.M. 87-78-A-05 (DNR);

Thence S 0 deg. 06 min. 23.9 sec. E (GN) a distance of 1,001.61ꞌ feet; Thence S 0 deg. 06 min. 23.9 sec. E (GN) a distance of 526.00ꞌ feet; Thence S 7 deg 34 min. 23.1 sec. W (GN) a distance of 452.01ꞌ feet; Thence S 7 deg. 41 min. 00.6 sec. W (GN) a distance of 1,077.58ꞌ feet to a point on the CCCL, said point being N 7 deg. 49 min. 01.0 sec. E (GN) a distance of 1,345.06ꞌ feet from P.R.M. HARBOUR (NGS);

Thence S 7 deg. 41 min. 00.6 sec. W (GN) to the Mean High Water Line of Bakers Haulover Cut.

Recommence at P.R.M. HARBOUR (NGS) thence N 40 deg. 40 min. 35.7 sec. E (GN) a distance of 254.97ꞌ feet to a point on the CCCL;

Thence N 4 deg. 51 min. 00.3 sec. W (GN) to the Mean High Water Line of Bakers Haulover Cut; Thence return along the same course to said point on the CCCL;

Thence S 4 deg. 51 min. 00.3 sec. E (GN) a distance of 1,024.56ꞌ feet; Thence S 4 deg. 40 min. 47.3 sec. E (GN) a distance of 1,014.06ꞌ feet; Thence S 5 deg. 08 min. 23.1 sec. E (GN) a distance of 972.34ꞌ feet; Thence S 4 deg. 53 min. 26.13 sec. E (GN) a distance of 1,155.01ꞌ feet to a point on the CCCL, said point being N 39 deg. 15 min. 05.1 sec. W (GN) a distance of 391.11ꞌ feet from P.R.M. 87-78-A-06 (DNR);

Thence S 2 deg. 54 min. 30.5 sec. E (GN) a distance of 1,014.37ꞌ feet; Thence S 4 deg. 19 min. 20.9 sec. E (GN) a distance of 971.64ꞌ feet; Thence S 4 deg. 31 min. 00.3 sec. E (GN) a distance of 1,012.78ꞌ feet; Thence S 5 deg. 50 min. 48.6 sec. E (GN) a distance of 1,235.60ꞌ feet; Thence S 8 deg. 09 min. 21.7 sec. E (GN) a distance of 1,142.94ꞌ feet to a point on the CCCL, said point being N 45 deg. 28 min. 02.0 sec. E (GN) a distance of 714.68ꞌ feet from P.R.M. 87-78-A-07 (DNR);

Thence S 2 deg. 38 min. 37.5 sec. E (GN) a distance of 1,050.59ꞌ feet; Thence S 2 deg. 31 min. 45.2 sec. E (GN) a distance of 1,094.90ꞌ feet; Thence S 2 deg. 15 min. 36.6 sec. E (GN) a distance of 1,145.21ꞌ feet; Thence S 3 deg. 01 min. 03.9 sec. E (GN) a distance of 1,110.10ꞌ feet to a point on the CCCL, said point being N 67 deg. 20 min. 10.7 sec. E (GN) a distance of 614.74ꞌ feet from P.R.M. 87-78-A-08 (DNR);

Thence S 3 deg. 31 min. 25.2 sec. E (GN) a distance of 1,006.6ꞌ feet; Thence S 3 deg. 29 min. 36.8 sec. E (GN) a distance of 1,133.44ꞌ feet to a point on the CCCL, said point being N 77 deg. 13 min. 59.8 sec. E (GN) a distance of 789.34ꞌ feet from P.R.M. 87-78-A-09 (DNR);

Thence S 3 deg. 09 min. 24.7 sec. E (GN) a distance of 1,113.90ꞌ feet; Thence S 2 deg. 19 min. 09.3 sec. E (GN) a distance of 893.92ꞌ feet; Thence S 0 deg. 44 min. 28.8 sec. W (GN) a distance of 992.26ꞌ feet; Thence S 1 deg. 23 min. 52.4 sec. W (GN) a distance of 876.90ꞌ feet; Thence S 10 deg. 08 min. 22.3 sec. W (GN) a distance of 1,033.31ꞌ feet; Thence S 0 deg. 01 min. 51.2 sec. E (GN) a distance of 2,043.30ꞌ feet to a point on the CCCL, said point being S 38 deg. 23 min. 51.2 sec. E (GN) a distance of 472.55ꞌ feet from P.R.M. FIFTY (NGS);

Thence S 3 deg. 21 min. 02.9 sec. E (GN) a distance of 961.34ꞌ feet; Thence S 6 deg. 01 min. 12.1 sec. W (GN) a distance of 971.88ꞌ feet; Thence S 2 deg. 07 min. 15.5 sec. W (GN) a distance of 1,151.88ꞌ feet; Thence S 5 deg. 04 min. 39.1 sec. W (GN) a distance of 1,151.19ꞌ feet; Thence S 5 deg. 40 min. 06.1 sec. W (GN) a distance of 1,224.10ꞌ feet to a point on the CCCL, said point being N 85 deg. 08 min. 54.4 sec. E (GN) a distance of 355.75ꞌ feet from P.R.M. 87-78-A-10 (DNR);

Thence S 1 deg. 47 min. 05.2 sec. W (GN) a distance of 1,082.06ꞌ feet; Thence S 7 deg. 16 min. 17.5 sec. W (GN) a distance of 1,097.22ꞌ feet; Thence S 9 deg. 51 min. 51.2 sec. W (GN) a distance of 1,059.08ꞌ feet to a point on the CCCL, said point being S 50 deg. 00 min. 32.1 sec. E (GN) a distance of 581.56ꞌ feet from P.R.M. 87-78-A-11 (DNR);

Thence S 8 deg. 04 min. 13.0 sec. W (GN) a distance of 980.02ꞌ feet; Thence S 5 deg. 08 min. 13.7 sec. W (GN) a distance of 1,016.32ꞌ feet; Thence S 18 deg. 29 min. 53.2 sec. W (GN) a distance of 909.56ꞌ feet; Thence S 19 deg. 44 min. 27.3 sec. W (GN) a distance of 953.94ꞌ feet; Thence S 20 deg. 42 min. 54.9 sec. W (GN) a distance of 903.94ꞌ feet; Thence S 20 deg. 23 min. 13.9 sec. W (GN) a distance of 993.61ꞌ feet to a point on the CCCL, said point being N 71 deg. 57 min. 48.8 sec. W (GN) a distance of 251.12ꞌ feet from P.R.M. 87-78-A-12 (DNR);

Thence S 15 deg. 15 min. 07.9 sec. W (GN) a distance of 783.47ꞌ feet; Thence S 10 deg. 22 min. 48.8 sec. W (GN) a distance of 1,081.16ꞌ feet; Thence S 9 deg. 56 min. 33.5 sec. W (GN) a distance of 1,174.84ꞌ feet; Thence S 9 deg. 45 min. 05.4 sec. W (GN) a distance of 938.90ꞌ feet; Thence S 9 deg. 43 min. 58.2 sec. W (GN) a distance 1,017.41ꞌ feet; Thence S 9 deg. 41 min. 18.5 sec. W (GN) a distance of 1,083.50ꞌ feet to a point on the CCCL, said point being S 61 deg. 25 min. 08.3 sec. W (GN) a distance of 441.68ꞌ feet from P.R.M. 87-78-A-13 (DNR);

Thence S 10 deg. 57 min. 25.9 sec. W (GN) a distance of 1,168.23ꞌ feet; Thence S 10 deg. 57 min. 31.3 sec. W (GN) a distance of 1,068.93ꞌ feet; Thence S 80 deg. 00 min. 00.0 sec E (GN) a distance of 163.00ꞌ feet; Thence S 10 deg. 55 min. 43.3 sec. W (GN) a distance of 997.39ꞌ feet; Thence S 10 deg. 56 min. 34.0 sec. W (GN) a distance of 1,106.35ꞌ feet; Thence S 10 deg. 23. min. 21.7 sec. W (GN) a distance of 1,045.47ꞌ feet to a point on the CCCL, said point being N 39 deg. 19 min. 05.7 sec. E (GN) a distance of 219.85ꞌ feet from P.R.M. DINO RM #1 (NGS);

Thence S 10 deg. 23 min. 21.7 sec. W (GN) to the Mean High Water Line of U. S. Government Cut.

Recommence at P.R.M. DINO RM #1 (NGS) thence S 15 deg. 36 min. 48.8 sec. W (GN) a distance of 1,125.70ꞌ feet to a point on the CCCL;

Thence N 38 deg. 07 min. 11.6 sec. E (GN) to the Mean High Water Line of U. S. Government Cut;

Thence return along the same course to said point on the CCCL;

Thence S 38 deg. 07 min. 11.6 sec. W (GN) a distance of 1,000.16ꞌ feet; Thence S 24 deg. 40 min. 30.0 sec. W (GN) a distance of 1,037.03ꞌ feet; Thence S 45 deg. 51 min. 37.1 sec. W (GN) a distance of 689.60ꞌ feet to a point on the CCCL, said point being N 19 deg. 34 min. 08.3 sec. E (GN) a distance of 2,787.26ꞌ feet from P.R.M. 86-78-A-14 (DNR);

Thence S 45 deg. 51 min. 37.1 sec. W (GN) to the Mean High Water Line of Norris Cut.

Recommence at P.R.M. 87-78-A-14 (DNR) thence S 78 Deg. 32 min. 28.1 sec. W (GN) a distance of 288.64ꞌ feet to a point on the CCCL;

Thence N 4 deg. 48 min. 11.6 sec. E (GN) to the Mean High Water Line of Norris Cut;

Thence return along the same course to said point on the CCCL;

Thence S 4 deg. 48 min. 11.6 sec. W (GN) a distance of 965.28ꞌ feet; Thence S 22 deg. 41 min. 55.9 sec. W (GN) a distance of 810.52ꞌ feet to a point on the CCCL, said point being N 14 deg. 18 min. 48.1 sec. W (GN) a distance of 625.63ꞌ feet from P.R.M. 87-78-A-15 (DNR);Thence S 24 deg. 32 min. 54.7 sec. W (GN) a distance of 974.16ꞌ feet; Thence S 41 deg. 41 min. 32.0 sec. W (GN) a distance of 843.66ꞌ feet; Thence S 53 deg. 10 min. 15.5 sec. W (GN) a distance of 938.24ꞌ feet; Thence S 62 deg. 45 min. 58.1 sec. W (GN) a distance of 947.08ꞌ feet; Thence S 62 deg. 29 min. 19.8 sec. W (GN) a distance of 1,019.97ꞌ feet; Thence S 54 deg. 59 min. 31.3 sec. W (GN) a distance of 1,108.36ꞌ feet to a point on the CCCL, said point being N 82 deg. 56 min. 40.7 sec. W (GN) a distance of 517.71ꞌ feet from P.R.M. 87-78-A-16 (DNR);

Thence S 62 deg. 43 min. 19.9 sec. W (GN) a distance of 1,322.46ꞌ feet to a point on the CCCL, said point being N 58 deg. 23 min. 27.3 sec. W (GN) a distance of 3,105.64ꞌ feet from P.R.M. 87-78-A-17 (DNR);

Thence S 41 deg. 30 min. 00.0 sec. E (GN) to the Mean High Water Line of Bear Cut.

Recommence at P.R.M. 87-78-A-17 (DNR) thence S 57 deg. 08 min. 00.7 sec. W (GN) a distance of 923.73ꞌ feet to a point on the CCCL;

Thence N 41 deg. 15 min. 00.0 sec. W (GN) to the Mean High Water Line of Bear Cut;

Thence return along same course to said point on the CCCL;

Thence N 78 deg. 39 min. 48.1 sec. E (GN) a distance of 994.28ꞌ feet; Thence S 61 deg. 59 min. 04.1 sec. E (GN) a distance of 1,538.46ꞌ feet; Thence S 7 deg. 15 min. 58.0 sec. E (GN) a distance of 1,117.33ꞌ feet; Thence S 9 deg. 25 min. 12.4 sec. W (GN) a distance of 929.65ꞌ feet; Thence S 16 deg. 20 min. 30.4 sec. W (GN) a distance of 1,040.06ꞌ feet; Thence S 26 deg. 15 min. 09.0 sec. W (GN) a distance of 1,042.09ꞌ feet to a point on the CCCL, said point being S 66 deg. 24 min. 29.7 sec. E (GN) a distance of 2522.69ꞌ feet from P.R.M. KEY BISCAYNE NORTH BASE (NGS);

Thence S 17 deg. 28 min. 10.4 sec. W (GN) a distance of 1,090.31ꞌ feet to a point of the CCCL, said point being S 3 deg. 14 min. 54.1 sec. W (GN) a distance of 394.77ꞌ feet from P.R.M. 87-78-A-18 (DNR);

Thence S 18 deg. 08 min. 27.6 sec. W (GN) a distance of 995.58ꞌ feet; Thence S 18 deg. 51 min. 29.6 sec. W (GN) a distance of 1,005.86ꞌ feet; Thence S 24 deg. 14 min. 54.0 sec. W (GN) a distance of 1,052.39ꞌ feet; Thence S 14 deg. 13 min. 13.5 sec. W (GN) a distance of 1,009.16ꞌ feet; Thence S 13 deg. 47 min. 29.9 sec. W (GN) a distance of 1,121.77ꞌ feet; Thence S 4 deg. 28 min. 05.6 sec. W (GN) a distance of 963.57ꞌ feet to a point on the CCCL, said point being S 86 deg. 54 min. 45.8 sec. W (GN) a distance of 311.17ꞌ feet from P.R.M. 87-78-A-19 (DNR);

Thence S 0 deg. 40 min. 42.2 sec. W (GN) a distance of 970.47ꞌ feet; Thence S 1 deg. 26 min. 38.9 sec. E (GN) a distance of 994.81ꞌ feet; Thence S 3 deg. 29 min. 20.6 sec. E (GN) a distance of 986.77ꞌ feet; Thence S 10 deg. 18 min. 57.6 sec. E (GN) a distance of 957.82ꞌ feet; Thence S 13 deg. 28 min. 24.9 sec. E (GN) a distance of 1,018.23ꞌ feet; Thence S 6 deg. 23 min. 53.9 sec. E (GN) a distance of 984.35ꞌ feet to a point on the CCCL, said point being S 72 deg. 15 min. 12.2 sec. W (GN) a distance of 269.58ꞌ feet from P.R.M. 87-78-A-20 (DNR);

Thence S 7 deg. 13 min. 59.9 sec. E (GN) a distance of 1,025.95ꞌ feet; Thence S 18 deg. 08 min. 23.8 sec. E (GN) a distance of 1,136.40ꞌ feet; Thence S 1 deg. 33 min. 30.1 sec. E (GN) a distance of 977.88ꞌ feet; Thence S 32 deg. 22 min. 05.1 sec. W (GN) a distance of 1,015.90ꞌ feet to a point on the CCCL, said point being N 20 deg. 17 min. 07.3 sec. E (GN) a distance of 1,062.59ꞌ feet from P.R.M. CAPE (NGS);

Thence S 32 deg. 22 min. 05.1 sec. W (GN) to the Mean High Water Line of Biscayne Bay and the point of terminus.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 2-9-82, Formerly 16B-26.12, 16B-26.012, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.013 Description of the Broward County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Broward County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect 20 days after filing with the Florida Department of State or on the date that it is duly recorded in the public records in the office of the Clerk of the Circuit Court, in and for Broward County, Florida, together with each affected municipality, whichever is later.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE BROWARD COUNTY, FLORIDA

Description of the Coastal Construction Control Line (CCCL) is established in compliance with Section 161.053 of the F.S. Said Control Line lying along the Atlantic coast from the Broward and Palm Beach County Line south to the Broward and Dade County Line.

Said Coastal Construction Control Line is related to a series of “Permanent Reference Monuments” (P.R.M.) designated and hereinafter referred to as “R-1” through “R-128” for monuments established by the Department of Environmental Protection, State of Florida or referred to by station name for monuments established by the National Geodetic Survey (NGS). In the case where an original monument or monuments established by the Department of Environmental Protection have been lost or destroyed and replaced at a later date with a new monument, there will be a “T” instead of an “R” designation.

Commence at P.R.M. N.G.S. Station Cloister, 1929;

Thence S 7 deg. 24 min. 47.0 sec. W (GN) a distance of 1,6352.62ꞌ feet to P.R.M. R-1;

Thence N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 70.00 feet to a point on the CCCL for the point of beginning;

Thence N 4 deg. 43 min. 46.9 sec. E (GN) to the Broward and Palm Beach County Line;

Thence return along same course to the point of beginning;

Thence S 4 deg. 43 min. 46.9 sec. W (Gn) a distance of 951.01 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 110.00ꞌ feet from P.R.M. R-2;

Thence S 4 deg. 29 min. 44.9 sec. W (GN) a distance of 1,016.87ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 131.00ꞌ feet from P.R.M. R-3;

Thence S 3 deg. 50 min. 50.0 sec. W (GN) a distance of 1,018.64ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 150.00ꞌ feet from P.R.M. R-4;

Thence S 1 deg. 48 min. 11.4 sec. W (GN) a distance of 899.51ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 159.00ꞌ feet from P.R.M. R-5;

Thence S 5 deg. 28 min. 24.2 sec. W (GN) a distance of 1,044.65ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 96.00ꞌ feet from P.R.M. R-6;

Thence S 4 deg. 08 min. 38.5 sec. W (GN) a distance of 1,063.86ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 110.00ꞌ feet from P.R.M. R-7;

Thence S 6 deg. 26 min. 55.3 sec. W (GN) a distance of 883.52ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 130.00ꞌ feet from P.R.M. R-8;

Thence S 8 deg. 14 min. 15.0 sec. W (GN) a distance of 1,047.11ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 80.00ꞌ feet from P.R.M. R-9;

Thence S 4 deg. 47 min. 56.1 sec. W (GN) a distance of 1,010.62ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 95.00ꞌ feet from P.R.M. R-10;

Thence S 3 deg. 28 min. 23.7 sec. W (GN) a distance of 1,000.14ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 65.00ꞌ feet from P.R.M. R-11;

Thence S 4 deg. 22 min. 33.0 sec. W (GN) a distance of 992.59ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 150.00ꞌ feet from P.R.M. R-12;

Thence S 5 deg. 30 min. 56.2 sec. W (GN) a distance of 1,005.70ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 150.00ꞌ feet from P.R.M. R-13;

Thence S 2 deg. 48 min. 33.9 sec. W (GN) a distance of 1,015.65ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 150.00ꞌ feet from P.R.M. R-14;

Thence S 3 deg. 01 min. 53.1 sec. W (GN) a distance of 973.19ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00ꞌ feet from P.R.M. R-15;

Thence S 4 deg. 14 min. 15.5 sec. W (GN) a distance of 1,013.49ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00ꞌ feet from P.R.M. R-16;

Thence S 4 deg. 29 min. 47.9 sec. W (GN) a distance of 980.20ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00ꞌ feet from P.R.M. R-17;

Thence S 2 deg. 17 min. 37.8 sec. W (GN) a distance of 1,006.86ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00ꞌ feet from P.R.M. R-18;

Thence S 3 deg. 14 min. 48.7 sec. W (GN) a distance of 1,015.76ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00ꞌ feet from P.R.M. R-19;

Thence S 2 deg. 05 min. 01.4 sec. W (GN) a distance of 1,012.27ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 90.00ꞌ feet from P.R.M. R-20;

Thence S 2 deg. 36 min. 13.1 sec. W (GN) a distance of 985.48ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 70.00ꞌ feet from P.R.M. T-21;

Thence S 2 deg. 46 min. 03.5 sec. W (GN) a distance of 1,378.88ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 45.00ꞌ feet from P.R.M. T-22;

Thence S 5 deg. 22 min. 50.6 sec. W (GN) a distance of 657.68ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 80.00ꞌ feet from P.R.M. R-23 and being N 1 deg. 04 min. 36.4 sec. E (GN) a distance of 561.27ꞌ feet from P.R.M. N.G.S Hillsboro Lighthouse Eccentric, 1934;

Thence S 5 deg. 52 min. 23.2 sec. W (GN) a distance of 594.97ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00ꞌ feet from P.R.M. R-24;

Thence S 70 deg. 00 min. 00.0 sec. W (GN) to the Mean High Water Line of Hillsboro Inlet.

Recommence at P.R.M. T-26, said P.R.M. T-26 being S 41 deg. 25 min. 29.1 sec. W (GN) a distance of 1,506.83ꞌ feet from P.R.M. R-24;

Thence N 70 deg. 00 min. 00.0 sec. W (GN) a distance of 290.00ꞌ feet to a point on the CCCL;

Thence N 32 deg. 54 min. 53.1 sec. E (GN) to the Mean High Water Line of Hillsboro Inlet; Thence return along the same course to said point on the CCCL;

Thence S 12 deg. 03 min. 53.7 sec. W (GN) a distance of 1,022.33ꞌ feet to a point on the CCCL, said point being N 70 deg. 00 min. 00.0 sec. W (GN) a distance of 232.00ꞌ feet from P.R.M. R-27;

Thence S 5 deg. 29 min. 59.8 sec. W (GN) a distance of 1104.69ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 90.00ꞌ feet from P.R.M. R-28;

Thence S 12 deg. 51 min. 11.3 sec. W (GN) a distance of 841.01ꞌ feet to a point on the CCCL, said point being N 75 deg. 00 min. 00.0 sec. W (GN) a distance of 101.00ꞌ feet from P.R.M. R-29.

Thence S 13 deg. 12 min. 16.0 sec. W (GN) a distance of 1,016.54ꞌ feet to a point on the CCCL, said point being N 75 deg. 00 min. 00.0 sec. W (GN) a distance of 104.00ꞌ feet from P.R.M. R-30;

Thence S 13 deg. 32 min. 54.1 sec. W (GN) a distance of 969.71ꞌ feet to a point on the CCCL, said point being N 75 deg. 00 min. 00.0 sec. W (GN) a distance of 94.00ꞌ feet from P.R.M. R-31;

Thence S 11 deg. 55 min. 12.8 sec. W (GN) a distance of 1,221.25ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 18.00ꞌ feet from P.R.M. R-32;

Thence S 9 deg. 47 min. 05.8 sec. W (GN) a distance of 784.89ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 25.00ꞌ feet from P.R.M. T-33;

Thence S 8 deg. 53 min. 20.5 sec. W (GN) a distance of 1,048.28ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 22.00ꞌ feet from P.R.M. R-34;

Thence S 8 deg. 56 min. 48.8 sec. W (GN) a distance of 1,008.10ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00ꞌ feet from P.R.M. R-35 and being N 62 deg. 18 min. 38.1 sec. W (GN) a distance of 86.55ꞌ feet from P.R.M. N.G.S. Pompano, 1928;

Thence S 2 deg. 39 min. 38.9 sec. W (GN) a distance of 1,154.36ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 101.00ꞌ feet P.R.M. R-36;

Thence S 3 deg. 01 min. 19.8 sec. W (GN) a distance of 889.63ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 97.00ꞌ feet from P.R.M. R-37;

Thence S 0 deg. 48 min. 54.4 sec. W (GN) a distance of 941.06ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 110.00ꞌ feet from P.R.M. R-38;

Thence S 4 deg. 18 min. 24.0 sec. W (GN) a distance of 943.91ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 129.00ꞌ feet from P.R.M. R-39;

Thence S 8 deg. 59 min. 40.1 sec. W (GN) a distance of 1,050.51ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 75.00ꞌ feet from P.R.M. R-40;

Thence S 8 deg. 41 min. 43.7 sec. W (GN) a distance of 890.21ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 107.00ꞌ feet from P.R.M. R-41;

Thence S 8 deg. 25 min. 56.3 sec. W (GN) a distance of 1,015.81ꞌ feet to a point on the CCCL, said point being N 90 deg. 00 min. 00.0 sec. W (GN) a distance of 105.00ꞌ feet from P.R.M. T-42;

Thence S 10 deg. 42 min. 14.4 sec. W (GN) a distance of 1,022.33ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 93.00ꞌ feet from P.R.M. R-43;

Thence S 10 deg. 53 min. 00.9 sec. W (GN) a distance of 826.07ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 95.00ꞌ feet from P.R.M. R-44;

Thence S 10 deg. 49 min. 01.2 sec. W (GN) a distance of 1,174.75ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 75.00ꞌ feet from P.R.M. R-45;

Thence S 7 deg. 04 min. 24.2 sec. W (GN) a distance of 903.45ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 161.00ꞌ feet from P.R.M. R-46;

Thence S 9 deg. 00 min. 05.0 sec. W (GN) a distance of 677.55ꞌ feet to a point on the CCCL, said point being N 90 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00ꞌ feet from P.R.M. R-47;

Thence S 6 deg. 48 min. 43.2 sec. W (GN) a distance of 1269.62ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00ꞌ feet from P.R.M. R-48;

Thence S 6 deg. 23 min. 28.8 sec. W (GN) a distance of 1,143.98ꞌ feet to a point on the CCCL, said point being N 90 deg. 00 min. 00.0 sec. W (GN) a distance of 128.00ꞌ feet from P.R.M. R-49;

Thence S 3 deg. 45 min. 42.5 sec. W (GN) a distance of 1,113.03ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 180.00ꞌ feet from P.R.M. R-50;

Thence S 4 deg. 53 min. 48.8 sec. W (GN) a distance of 872.12ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 197.00ꞌ feet from P.R.M. R-51;

Thence S 5 deg. 20 min. 59.8 sec. W (GN) a distance of 1,071.89ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 122.00ꞌ feet from P.R.M. T-52;

Thence S 5 deg. 14 min. 49.2 sec. W (GN) a distance of 861.48ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 138.00ꞌ feet from P.R.M. R-53;

Thence S 5 Deg. 08 min. 30.9 sec. W (GN) a distance of 1,071.01ꞌ feet to a point on the CCCL, said point being N 75 deg. 00 min. 00.0 sec. W (GN) a distance of 142.00ꞌ feet from P.R.M. R-54;

Thence S 7 deg. 48 min. 31.0 sec. W (GN) a distance of 1,022.55ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 140.00ꞌ feet from P.R.M. R-55;

Thence S 9 deg. 33 min. 44.8 sec. W (GN) a distance of 958.26ꞌ feet to a point on the CCCL, said point being N 90 deg. 00 min. 00.0 sec. W (GN) a distance of 122.00ꞌ feet from P.R.M. R-56;

Thence S 7 deg. 17 min. 02.7 sec. W (GN) a distance of 989.83ꞌ feet to a point on the CCCL, said point being N 90 deg. 00 min. 00.0 sec. W (GN) a distance of 122.00ꞌ feet from P.R.M. R-57;

Thence S 5 deg. 31 min. 20.7 sec. W (GN) a distance of 1,127.31ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 130.00ꞌ feet from P.R.M. R-58;

Thence S 5 deg. 48 min. 29.8 sec. W (GN) a distance of 876.27ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec W (GN) a distance of 145.00ꞌ feet from P.R.M. R-59;

Thence S 8 deg. 01 min. 49.3 sec. W (GN) a distance of 984.00ꞌ feet to a point on the CCCL, said point being N 75 deg. 00 min. 00.0 sec. W (GN) a distance of 161.00ꞌ feet from P.R.M. R-60;

Thence S 8 deg. 05 min. 52.3 sec. W (GN) a distance of 1,020.01ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 115.00ꞌ feet from P.R.M. R-61;

Thence S 8 deg. 16 min 52.6 sec. W (GN) a distance of 1,036.17ꞌ feet to a point on the CCCL, said point being N 75 deg. 00 min. 00.0 sec. W (GN) a distance of 20.00ꞌ feet from P.R.M. R-62;

Thence S 8 deg. 19 min. 21.8 sec. W (GN) a distance of 786.93ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 119.00ꞌ feet from P.R.M. T-63;

Thence S 8 deg. 32 min. 47.6 sec. W (GN) a distance of 1,221.54ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 150.00ꞌ feet from P.R.M. R-64;

Thence S 13 Deg. 25 Min. 04.6 sec. W (GN) a distance of 953.79ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 162.00ꞌ feet from P.R.M. T-65;

Thence S 3 deg. 08 min. 34.2 sec. W (GN) a distance of 996.16ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 87.00ꞌ feet from P.R.M. R-66;

Thence S 9 deg. 34 min. 05.7 sec. W (GN) a distance of 991.43ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 167.00ꞌ feet from P.R.M. R-67;

Thence S 9 deg. 14 min. 26.3 sec. W (GN) a distance of 1,083.37ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 88.00ꞌ feet from P.R.M. T-68;

Thence S 5 deg. 12 min. 40.8 sec. W (GN) a distance of 982.41ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 90.00ꞌ feet from P.R.M. T-69;

Thence S 5 deg. 00 min 10.9 sec. W (GN) a distance of 905.12ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 120.00ꞌ feet from P.R.M. R-70;

Thence S 2 deg. 56 min. 45.8 sec. W (GN) a distance of 1,147.02ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 106.00ꞌ feet from P.R.M. R-71;

Thence S 2 deg. 34 min. 11.7 sec. W (GN) a distance of 914.17ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 152.00ꞌ feet from P.R.M. R-72;

Thence S 1 deg. 14 min. 53.0 sec. W (GN) a distance of 1,149.02ꞌ feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 145.00ꞌ feet from P.R.M. R-73;

Thence S 2 deg. 02 min. 45.9 sec. W (GN) a distance of 878.39ꞌ feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 106.00ꞌ feet from P.R.M. R-74.

Thence S 7 deg. 34 min. 05.6 sec. W (GN) a distance of 1,106.30 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec W (GN) a distance of 136.00 feet from P.R.M. R-75.

Thence S 6 deg. 07 min. 26.5 sec. W (GN) a distance of 970.51 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 168.00 feet from P.R.M. R-76;

Thence S 2 deg. 37 min. 58.3 sec. W (GN) a distance of 1,183.22 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 165.00 feet from P.R.M. R-77;

Thence S 1 deg. 44 min. 06.4 sec. W (GN) a distance of 1,026.88 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 129.00 feet from P.R.M. R-78;

Thence S 3 deg. 18 min. 00.9 sec. W (GN) a distance of 1,073.83 feet to a point on the CCCL, said point being P.R.M. R-79;

Thence S 4 deg. 24 min. 44.2 sec. W (GN) a distance of 1,095.20 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec W (GN) a distance of 128.00 feet from P.R.M. R-80;

Thence S 4 deg. 08 min. 40.4 sec. W (GN) a distance of 1,096.23 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 118.00 feet from P.R.M. R-81;

Thence S 4 deg. 47 min. 42.8 sec. W (GN) a distance of 1,056.98 feet to a point on the CCCL, said point being N 90 deg. 00 min. 00.0 sec. W (GN) a distance of 165.00 feet from P.R.M. R-82;

Thence S 4 deg. 24 min. 21.2 sec W (GN) a distance of 1,022.16 feet to a point on the CCCL, said point being N 90 deg. 00 min. 00.0 sec. W (GN) a distance of 133.00 feet from P.R.M. R-83;

Thence S 0 deg. 36 min. 18.3 sec. W (GN) a distance of 889.83 feet to a point on the CCCL, said point being N 90 deg. 00 min. 00.0 sec. W (GN) a distance of 203.00 feet from P.R.M. R-84;

Thence S 6 deg. 45 min. 00.0 sec. W (GN) a distance to the Mean High Water Line of Port Everglades.

Recommence at P.R.M. R-86, said P.R.M. R-86 being S 23 deg. 33 min. 48.1 sec. W (GN) a distance of 1,954.55 feet from P.R.M. R-84 and being S 5 deg. 25 min. 52.0 sec. W (GN) a distance of 164.00 feet from P.R.M. N.G.S. U.S.N. North Range; Thence N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 402.00 feet to a point on the CCCL;

Thence N 13 deg. 46 min. 36.3 sec. E (GN) to the Mean high Water Line of Port Everglades; thence return along the same course to said point on the CCCL;

Thence S 13 deg. 46 min. 36.3 sec W (GN) a distance of 928.92 feet to a point on the CCCL, said point being N 75 deg. 00 min. 00.0 sec. W (GN) a distance of 248.00 feet from P.R.M. T-87;

Thence S 2 deg. 58 min. 12.9 sec. W (GN) a distance of 1,007.33 feet to a point on the CCCL, said point being P.R.M. T-88;

Thence S 1 deg. 48 min. 21.9 sec. E (GN) a distance of 1,043.06 feet to a point on the CCCL, said point being P.R.M. T-89;

Thence S 1 deg. 43 min. 06.7 sec. W (GN) a distance of 977.08 feet to a point on the CCCL, said point being P.R.M. T-90;

Thence S 1 deg. 31 min. 08.1 sec. W (GN) a distance of 1,017.93 feet to a point on the CCCL, said point being N 85 deg. 00 min 00.0 sec. W (GN) a distance of 53.00 feet from P.R.M. T-91;

Thence S 5 deg. 38 min. 50.5 sec W (GN) a distance of 1,034.03 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 118.00 feet from P.R.M. R-92;

Thence S 5 deg. 28 min. 17.4 sec. W (GN) a distance of 1,041.51 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 105.00 feet from P.R.M. R-93;

Thence S 7 deg. 38 min. 42.2 sec. W (GN) a distance of 968.47 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 153.00 feet from P.R.M. R-94;

Thence S 3 deg. 00 min. 53.8 sec. W (GN) a distance of 955.63 feet to a point on the CCCL, said point being N 85 deg 00 min. 00.0 sec. W (GN) a distance of 116.00 feet from P.R.M. R-95;

Thence S 4 deg. 03 min. 21.7 sec. W (GN) a distance of 986.95 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 160.00 feet from P.R.M. R-96;

Thence S 4 deg. 51 min. 27.5 sec. W (GN) a distance of 953.13 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 90.00 feet from P.R.M. T-97;

Thence S 0 deg. 22 min. 16.7 sec. E (GN) a distance of 1,074.04 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 108.00 feet from P.R.M. T-98;

Thence S 3 deg. 51 min. 07.3 sec. W (GN) a distance of 931.75 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 218.00 feet from P.R.M. R-99;

Thence S 6 deg. 19 min. 32.2 sec. W (GN) a distance of 990.27 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 255.00 feet from P.R.M. R-100;

Thence S 4 deg. 33 min. 00.8 sec. W (GN) a distance of 1,149.05 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 235.00 feet from P.R.M. T-101 and being S 13 deg. 21 min. 20.5 sec. W (GN) a distance of 485.85 feet from P.R.M. N.G.S. Dania 2,1934;

Thence S 6 deg. 00 min. 35.4 sec. W (GN) a distance of 1,008.88 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 182.00 feet from P.R.M. T-102;

Thence S 6 deg. 22 min. 10.9 sec. W (GN) a distance of 1,023.55 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 165.00 feet from P.R.M. R-103;

Thence S 2 deg. 41 min. 20.1 sec. W (GN) a distance of 1,033.29 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 118.00 feet from P.R.M. R-104;

Thence S 3 deg. 55 min. 34.2 sec. W (GN) a distance of 992.13 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 102.00 feet from P.R.M. R-105;

Thence S 4 deg. 10 min. 57.7 sec. W (GN) a distance of 988.16 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 143.00 feet from P.R.M. R-106;

Thence S 4 deg. 02 min. 04.8 sec. W (GN) a distance of 968.48 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 131.00 feet from P.R.M. R-107;

Thence S 0 deg. 09 min. 21.9 sec. E (GN) a distance of 1,036.69 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 95.00 feet from P.R.M. R-108;

Thence S 3 deg. 26 min. 22.5 sec. W (GN) a distance of 1,040.87 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 93.00 feet from P.R.M. R-109;

Thence S 3 deg. 27 min. 48.7 sec. W (GN) a distance of 1,068.63 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 93.00 feet from P.R.M. R-110;

Thence S 2 deg. 47 min. 57.4 sec. W (GN) a distance of 995.00 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 93.00 feet from P.R.M. T-111;

Thence S 2 deg. 39 min. 15.6 sec. W (GN) a distance of 1,028.85 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 91.00 feet from P.R.M. T-112;

Thence S 3 deg. 18 min. 26.3 sec. W (GN) a distance of 927.11 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 122.00 feet from P.R.M. R-113;

Thence S 3 deg. 25 min. 29.5 sec. W (GN) a distance of 975.46 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 108.00 feet from P.R.M. T-114;

Thence S 3 deg. 29 min. 20.7 sec. W (GN) a distance of 1,057.77 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 51.00 feet from P.R.M. T-115;

Thence S 2 deg. 57 min. 18.5 sec. W (GN) a distance of 1,009.92 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 115.00 feet from P.R.M. R-116;

Thence S 2 deg. 54 min. 14.8 sec. W (GN) a distance of 993.27 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 80.00 feet from P.R.M. R-117;

Thence S 3 deg. 17 min. 26.2 sec. W (GN) a distance of 1,081.97 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 52.00 feet from P.R.M. T-118;

Thence S 2 deg. 43 min. 03.0 sec. W (GN) a distance of 1,000.67 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 130.00 feet from P.R.M. R-119;

Thence S 3 deg. 13 min. 28.6 sec. W (GN) a distance of 1,103.21 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 118.00 feet from P.R.M. R-120;

Thence S 3 deg. 10 min. 02.0 sec. W (GN) a distance of 1,098.69 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 145.00 feet from P.R.M. R-121;

Thence S 3 deg. 34 min. 05.1 sec. W (GN) a distance of 1,002.40 feet to a point on the CCCL, said point being N 86 deg. 00 min. 00.0 sec. W (GN) a distance of 145.00 feet from P.R.M. R-122;

Thence S 4 deg. 28 min. 55.5 sec. W (GN) a distance of 1,019.13 feet to a point on the CCCL, said point being N 86 deg. 00 min. 00.0 sec. W (GN) a distance of 145.00 feet from P.R.M. R-123;

Thence S 9 deg. 00 min. 48.2 sec. W (GN) a distance of 1,119.57 feet to a point on the CCCL, said point being N 90 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00 feet from P.R.M. R-124 and being S 7 deg. 22 min. 52.0 sec. W (GN) a distance of 232.84 feet from P.R.M. N.G.S. Halland, 1928;

Thence S 5 deg. 36 min. 32.2 sec. W (GN) a distance of 1,075.78 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 23.00 feet from P.R.M. R-125;

Thence S 1 deg. 17 min. 00.9 sec. E (GN) a distance of 1,001.83 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 132.00 feet from P.R.M. T-126;

Thence S 2 deg. 21 min. 22.9 sec. W (GN) a distance of 1,026.46 feet to a point on the CCCL, said point being N 90 deg. 00 min. 00.0 sec. W (GN) a distance of 94.00 feet from P.R.M. R-127;

Thence S 3 deg. 10 min. 54.4 sec. W (GN) a distance of 923.85 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 114.00 feet from P.R.M. R-128;

Thence S 3 deg. 10 min. 54.4 sec. W (GN) to the Broward and Dade County line for the point of terminus.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 11-17-81, Formerly 16B-26.13, 16B-26.013, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.014 Description of the Franklin County Coastal Construction Control Line

(1) There is hereby established, pursuant to section 161.053, F.S., the revised Franklin County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Franklin County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit, under section 161.053, F.S., and chapter 62B-33, F.A.C., to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE FRANKLIN COUNTY, FLORIDA

Description of the coastal construction control line is established in compliance with section 161.053, F.S., said control line lying along the Gulf of Mexico coast from the mean high water line of the southeasterly bank of West Pass, easterly to the mean high water line of the southerly bank of Ochlockonee Bay.

Said coastal construction control line is related to a series of “Permanent Reference Monuments” (P.R.M.) designated and hereinafter referred to as “49-80-A01 through 49-80-A17,” “49-80-B01 through 49-80-B34,” “49-80-C01 through 49-80-C16” and “49-80-D01 through 49-80-D21” for monuments established by the Department of Environmental Protection, State of Florida, or referenced to by station name for monuments established by the National Geodetic Survey (N.G.S.) or by the U.S. Corps of Engineers (U.S.C.E.).

METES AND BOUNDS DESCRIPTION OF THE

COASTAL CONSTRUCTION CONTROL LINE FOR SAINT GEORGE ISLAND, FRANKLIN COUNTY, FLORIDA

Commence at P.R.M. 49-80-A01 thence S 22 deg. 55 min. 04 sec. E (all bearings in this description are grid) a distance of 211.502 feet to the point of beginning; Thence N 33 deg. 12 min. 30 sec. W to the point of intersection with the mean high water line of the southeasterly bank of West Pass, said point being the northwesterly terminus of the coastal construction control line for Saint George Island; Thence return along the same course to the point of beginning.

Thence S 33 deg. 12 min. 30 sec. E a distance of 910.37 feet to a point; said point being S 58 deg. 48 min. 36 sec. E a distance of 204.716 feet from P.R.M. 49-80-A02.

Thence S 44 deg. 08 min. 15 sec. E a distance of 1,012.98 feet to a point; Thence S 59 deg. 58 min. 48 sec. E a distance of 925.84 feet to a point; Thence S 61 deg. 26 min. 40 sec. E a distance of 1,087.15 feet to a point; said point being N 05 deg. 04 min. 09 sec. E a distance of 131.461 feet from P.R.M. 49-80-A03.

Thence S 61 deg. 08 min. 20 sec. E a distance of 952.31 feet to a point; Thence S 55 deg. 55 min. 38 sec. E a distance of 1065.66 feet to a point; Thence S 57 deg. 08 min. 50 sec. E a distance of 1,037.34 feet to a point; Thence S 53 deg. 17 min. 57 sec. E a distance of 934.80 feet to a point; Thence S 52 deg. 27 min. 15 sec. E a distance of 1,038.09 feet to a point; said point being N 45 deg. 14 min. 22 sec. W a distance of 94.267 feet from P.R.M. 49-80-A04.

Thence S 51 deg. 29 min. 58 sec. E a distance of 1,084.66 feet to a point; Thence S 48 deg. 34 min. 17 sec. E a distance of 982.77 feet to a point; Thence S 50 deg. 12 min. 15 sec. E a distance of 964.70 feet to a point; said point being N 47 deg. 51 min. 46 sec. E a distance of 117.926 feet from P.R.M. 49-80-A05.

Thence S 45 deg. 15 min. 21 sec. E a distance of 1,105.32 feet to a point; Thence S 41 deg. 29 min. 24 sec. E a distance of 990.46 feet to a point; Thence S 42 deg. 56 min. 07 sec. E a distance of 1,013.81 feet to a point; Thence S 39 deg. 43 min. 26 sec. E a distance of 975.59 feet to a point; said point being N 17 deg. 00 min. 17 sec. W a distance of 585.175 feet from P.R.M. 49-80-A06.

Thence S 42 deg. 44 min. 12 sec. E a distance of 1,008.69 feet to a point; said point being S 01 deg. 08 min. 46 sec. E a distance of 435.873 feet from P.R.M. 49-80-A07.

Thence S 42 deg. 40 min. 54 sec. E a distance of 1,025.86 feet to a point; said point being N 85 deg. 06 min. 15 sec. W a distance of 301.596 feet from P.R.M. 49-80-A08.

Thence S 42 deg. 58 min. 20 sec. E a distance of 1,145.80 feet to a point; said point being N 54 deg. 30 min. 10 sec. W a distance of 131.314 feet from P.R.M. 12 sec. E a distance of 1,063.34 feet to a point; said point 49-80-A09.

Thence S 29 deg. 29 min. 52 sec. E a distance of 682.32 feet to a point; Thence S 56 deg. 21 min. 16 sec. E a distance of 458.39 feet to a point; Thence N 76 deg. 56 min. 40 sec. E a distance of 978.57 feet to a point; Thence N 73 deg. 51 min. 31 sec. E a distance of 964.75 feet to a point; Thence N 74 deg. 24 min. 15 sec. E a distance of 987.24 feet to a point; said point being N 52 deg. 35 min. 35 sec. W a distance of 283.208 feet from P.R.M. 49-80-A10.

Thence N 73 deg. 27 min. 29 sec. E a distance of 1,040.30 feet to a point; Thence N 73 deg. 27 min. 52 sec. E a distance of 1012.75 feet to a point; Thence N 73 deg. 27 min. 54 sec. E a distance of 1043.41 feet to a point; said point being N 80 deg. 41 min. 15 sec. W a distance of 377.450 feet from P.R.M. 49-80-A11.

Thence N 69 deg. 33 min. 27 sec. E a distance of 1,001.60 feet to a point; Thence N 68 deg. 41 min. 19 sec. E a distance of 1,025.00 feet to a point; Thence N 72 deg. 27 min. 02 sec. E a distance of 1,024.12 feet to a point; said point being N 42 deg. 55 min. 28 sec. W a distance of 242.494 feet from P.R.M. 49-80-A12.

Thence N 72 deg. 27 min. 19 sec. E a distance of 998.59 feet to a point; Thence N 73 deg. 11 min. 57 sec. E a distance of 998.81 feet to a point; Thence N 71 deg. 27 min. 12 sec. E a distance of 1,063.34 feet to a point; said point being N 36 deg. 57 min. 11 sec. W a distance of 215.613 feet from P.R.M. 49-80-A13.

Thence N 72 deg. 26 min. 08 sec. E a distance of 992.97 feet to a point; Thence N 70 deg. 29 min. 33 sec. E a distance of 982.29 feet to a point; Thence N 70 deg. 49 min. 05 sec. E a distance of 1,071.50 feet to a point; Thence N 77 deg. 06 min. 24 sec. E a distance of 849.14 feet to a point; said point being N 10 deg. 13 min. 02 sec. W a distance of 301.811 feet from P.R.M. 49-80-A14.

Thence N 69 deg. 17 min. 54 sec. E a distance of 1149.69 feet to a point; Thence N 70 deg. 10 min. 47 sec. E a distance of 957.63 feet to a point; Thence N 70 deg. 59 min. 43 sec. E a distance of 973.19 feet to a point; said point being N 24 deg. 04 min. 41 sec. W a distance of 142.355 feet from P.R.M. 49-80-A15.

Thence N 70 deg. 42 min. 34 sec. E a distance of 1,096.24 feet to a point; Thence N 68 deg. 40 min. 00 sec. E a distance of 1,008.98 feet to a point; Thence N 69 deg. 00 min. 58 sec. E a distance of 1,009.50 feet to a point; Thence N 76 deg. 09 min. 16 sec. E a distance of 1,008.42 feet to a point; Thence N 69 deg. 19 min. 14 sec. E a distance of 1,021.63 feet to a point; said point being N 34 deg. 37 min. 57 sec. E a distance of 503.012 feet from P.R.M. 49-80-A16.

Thence N 68 deg. 51 min. 57 sec. E a distance of 1,021.34 feet to a point; Thence N 66 deg. 52 min. 29 sec. E a distance of 1,030.18 feet to a point; Thence N 65 deg. 49 min. 40 sec. E a distance of 994.33 feet to a point; Thence N 67 deg. 02 min. 22 sec. E a distance of 1,029.80 feet to a point; Thence N 64 deg. 51 min. 33 sec. E a distance of 770.08 feet to a point; said point being N 08 deg. 19 min. 46 sec. E a distance of 343.256 feet from P.R.M. 49-80-A17.

Thence N 64 deg. 51 min. 33 sec. E to the point of intersection with the mean high water line of the southwesterly bank of Saint George Island Channel (Bob Sikes Pass); Thence return along the same course to a point on the coastal construction control line, said point being N 08 deg. 19 min. 46 sec. E a distance of 343.256 feet from P.R.M. 49-80-A17.

Recommence at P.R.M. 49-80-B01 thence N 43 deg. 23 min. 46 sec. W a distance of 179.718 feet to a point on the coastal construction control line; Thence S 61 deg. 50 min. 23 sec. W to the point of intersection with the mean high water line of the northeasterly bank of Saint George Island Channel (Bob Sikes Pass); Thence return along the same course to a point on the coastal construction control line, said point being N 43 deg. 23 min. 46 sec. W a distance of 179.718 feet from P.R.M. 49-80-B01.

Thence N 61 deg. 50 min. 23 sec. E a distance of 1,076.98 feet to a point; Thence N 61 deg. 58 min. 39 sec. E a distance of 1,095.43 feet to a point; Thence N 62 deg. 00 min. 23 sec. E a distance of 1,113.25 feet to a point; said point being N 69 deg. 34 min. 16 sec. W a distance of 346.572 feet from P.R.M. 49-80-B02.

Thence N 64 deg. 07 min. 33 sec. E a distance of 1,115.30 feet to a point; Thence N 62 deg. 54 min. 49 sec. E a distance of 1,077.70 feet to a point; Thence N 61 deg. 20 min. 09 sec. E a distance of 1,101.49 feet to a point; Thence N 58 deg. 55 min. 45 sec. E a distance of 1,162.27 feet to a point; said point being N 45 deg. 49 min. 52 sec. W a distance of 246.608 feet from P.R.M. 49-80-B03.

Thence N 59 deg. 19 min. 00 sec. E a distance of 1,061.62 feet to a point; Thence N 57 deg. 21 min. 57 sec. E a distance of 1,061.00 feet to a point; Thence N 57 deg. 25 min. 08 sec. E a distance of 1,151.75 feet to a point; Thence N 59 deg. 00 min. 29 sec. E a distance of 1,045.79 feet to a point; said point being N 34 deg. 10 min. 25 sec. E a distance of 465.142 feet from P.R.M. 49-80-B04.

Thence N 59 deg. 45 min. 52 sec. E a distance of 1,133.73 feet to a point; Thence N 58 deg. 32 min. 07 sec. E a distance of 1,347.66 feet to a point; Thence N 57 deg. 38 min. 56 sec. E a distance of 850.51 feet to a point; Thence N 58 deg. 50 min. 32 sec. E a distance of 1,138.77 feet to a point; said point being S 88 deg. 19 min. 40 sec. W a distance of 62.506 feet from P.R.M. 49-80-B05.

Thence N 59 deg. 12 min. 58 sec. E a distance of 1,105.68 feet to a point; said point being N 34 deg. 10 min. 45 sec. W a distance of 110.274 feet from P.R.M. 49-80-B06.

Thence N 56 deg. 15 min. 46 sec. E a distance of 1,042.11 feet to a point; Thence N 56 deg. 30 min. 33 sec. E a distance of 1,149.32 feet to a point; Thence N 58 deg. 16 min. 03 sec. E a distance of 1,120.49 feet to a point; said point being N 69 deg. 59 min. 23 sec. E a distance of 319.047 feet from P.R.M. 49-80-B07.

Thence N 58 deg. 16 min. 09 sec. E a distance of 984.68 feet to a point; Thence N 58 deg. 09 min. 50 sec. E a distance of 1,237.11 feet to a point; said point being S 37 deg. 04 min. 08 sec. W a distance of 330.841 feet from P.R.M. 49-80-B08.

Thence N 59 deg. 23 min. 59 sec. E a distance of 935.82 feet to a point; Thence N 58 deg. 31 min. 06 sec. E a distance of 1,132.15 feet to a point; said point being N 86 deg. 18 min. 38 sec. E a distance of 756.574 feet from P.R.M. 49-80-B09.

Thence N 59 deg. 03 min. 15 sec. E a distance of 1,075.61 feet to a point; Thence N 59 deg. 30 min. 40 sec. E a distance of 992.77 feet to a point; said point being S 30 deg. 05 min. 25 sec. E a distance of 414.564 feet from P.R.M. 49-80-B10.

Thence N 62 deg. 06 min. 12 sec. E a distance of 992.31 feet to a point; Thence N 62 deg. 23 min. 42 sec. E a distance of 1,138.06 feet to a point; said point being S 10 deg. 33 min. 36 sec. W a distance of 367.090 feet from P.R.M. 49-80-B11.

Thence N 63 deg. 51 min. 56 sec. E a distance of 1,003.05 feet to a point; Thence N 63 deg. 35 min. 31 sec. E a distance of 1,073.52 feet to a point; Thence N 63 deg. 11 min. 07 sec. E a distance of 1,131.13 feet to a point; Thence N 63 deg. 42 min. 26 sec. E a distance of 1,066.32 feet to a point; said point being S 60 deg. 51 min. 46 sec. E a distance of 369.122 feet from P.R.M. 49-80-B12.

Thence N 64 deg. 42 min. 53 sec. E a distance of 968.27 feet to a point; Thence N 65 deg. 22 min. 40 sec. E a distance of 1,130.82 feet to a point; Thence N 67 deg. 33 min. 16 sec. E a distance of 1,090.62 feet to a point; said point being S 31 deg. 16 min. 54 sec. E a distance of 224.083 feet from P.R.M. 49-80-B13.

Thence N 67 deg. 51 min. 17 sec. E a distance of 1,022.63 feet to a point; Thence N 69 deg. 01 min. 38 sec. E a distance of 1,040.68 feet to a point; Thence N 69 deg. 45 min. 51 sec. E a distance of 1,067.95 feet to a point; said point being S 38 deg. 45 min. 35 sec. W a distance of 584.003 feet from P.R.M. 49-80-B14.

Thence N 70 deg. 46 min. 31 sec. E a distance of 1,024.25 feet to a point; Thence N 71 deg. 13 min. 04 sec. E a distance of 1,006.91 feet to a point; Thence N 72 deg. 07 min. 49 sec. E a distance of 1,045.85 feet to a point; Thence N 72 deg. 28 min. 03 sec. E a distance of 978.28 feet to a point; said point being S 17 deg. 01 min. 10 sec. W a distance of 403.148 feet from P.R.M. 49-80-B15.

Thence N 72 deg. 23 min. 21 sec. E a distance of 1,153.51 feet to a point; Thence N 74 deg. 00 min. 04 sec. E a distance of 1,039.10 feet to a point; Thence N 76 deg. 56 min. 26 sec. E a distance of 1,120.21 feet to a point; said point being S 42 deg. 07 min. 24 sec. E a distance of 382.147 feet from P.R.M. 49-80-B16.

Thence N 73 deg. 25 min. 08 sec. E a distance of 1,052.41 feet to a point; Thence N 68 deg. 25 min. 37 sec. E a distance of 1,127.80 feet to a point; said point being S 47 deg. 00 min. 43 sec. E a distance of 108.255 feet from P.R.M. 49-80-B17.

Thence N 70 deg. 22 min. 36 sec. E a distance of 1,208.83 feet to a point; Thence N 70 deg. 25 min. 08 sec. E a distance of 1,080.19 feet to a point; Thence N 69 deg. 31 min. 12 sec. E a distance of 1,020.05 feet to a point; said point being S 39 deg. 50 min. 55 sec. W a distance of 534.349 feet from P.R.M. 49-80-B18.

Thence N 67 deg. 42 min. 49 sec. E a distance of 1,077.07 feet to a point; Thence N 67 deg. 39 min. 03 sec. E a distance of 1,013.20 feet to a point; Thence N 64 deg. 54 min. 22 sec. E a distance of 1,032.67 feet to a point; Thence N 64 deg. 51 min. 26 sec. E a distance of 1,010.62 feet to a point; said point being S 37 deg. 45 min. 58 sec. W a distance of 98.942 feet from P.R.M. 49-80-B19.

Thence N 63 deg. 31 min. 04 sec. E a distance of 1,039.76 feet to a point; Thence N 59 deg. 24 min. 09 sec. E a distance of 917.16 feet to a point; Thence N 57 deg. 55 min. 30 sec. E a distance of 1,187.21 feet to a point; Thence N 59 deg. 22 min. 13 sec. E a distance of 1,012.83 feet to a point; said point being N 04 deg. 46 min. 03 sec. W a distance of 227.649 feet from P.R.M. 49-80-B20.

Thence N 60 deg. 09 min. 26 sec. E a distance of 1,179.83 feet to a point; Thence N 60 deg. 43 min. 43 sec. E a distance of 1,067.35 feet to a point; Thence N 60 deg. 48 min. 29 sec. E a distance of 1,056.66 feet to a point; Thence N 59 deg. 35 min. 12 sec. E a distance of 1,189.47 feet to a point; said point being S 88 deg. 46 min. 56 sec. W a distance of 463.297 feet from P.R.M. 49-80-B21.

Thence N 52 deg. 11 min. 12 sec. E a distance of 990.36 feet to a point; Thence N 51 deg. 15 min. 14 sec. E a distance of 1,092.41 feet to a point; said point being S 84 deg. 56 min. 43 sec. W a distance of 429.310 feet from P.R.M. 49-80-B22.

Thence N 50 deg. 45 min. 36 sec. E a distance of 1,007.51 feet to a point; Thence N 42 deg. 44 min. 26 sec. E a distance of 1,071.64 feet to a point; Thence N 44 deg. 35 min. 07 sec. E a distance of 1,051.51 feet to a point; said point being S 85 deg. 54 min. 23 sec. W a distance of 327.298 feet from P.R.M. 49-80-B23.

Thence N 44 deg. 31 min. 52 sec. E a distance of 1,103.67 feet to a point; Thence N 44 deg. 40 min. 31 sec. E a distance of 1,004.04 feet to a point; Thence N 44 deg. 25 min. 20 sec. E a distance of 1,013.96 feet to a point; said point being N 09 deg. 55 min. 29 sec. W a distance of 394.860 feet from P.R.M. 49-80-B24.

Thence N 44 deg. 34 min. 17 sec. E a distance of 1,100.81 feet to a point; Thence N 44 deg. 29 min. 58 sec. E a distance of 1,026.50 feet to a point; said point being N 43 deg. 11 min. 06 sec. W a distance of 334.506 feet from P.R.M. 49-80-B25.

Thence N 46 deg. 06 min. 40 sec. E a distance of 1,021.72 feet to a point; Thence N 46 deg. 18 min. 38 sec. E a distance of 1,027.73 feet to a point; Thence N 46 deg. 32 min. 44 sec. E a distance of 1,012.80 feet to a point; Thence N 46 deg. 26 min. 33 sec. E a distance of 1,054.55 feet to a point; Thence N 46 deg. 11 min. 03 sec. E a distance of 1,038.40 feet to a point; said point being N 23 deg. 10 min. 12 sec. E a distance of 609.897 feet from P.R.M. 49-80-B26.

Thence N 46 deg. 13 min. 47 sec. E a distance of 1,037.03 feet to a point; Thence N 46 deg. 12 min. 26 sec. E a distance of 1,234.04 feet to a point; Thence N 46 deg. 25 min. 40 sec. E a distance of 860.28 feet to a point; said point being N 04 deg. 46 min. 09 sec. E a distance of 531.017 feet from P.R.M. 49-80-B27.

Thence N 46 deg. 12 min. 21 sec. E a distance of 1,060.30 feet to a point; Thence N 46 deg. 43 min. 13 sec. E a distance of 1,011.36 feet to a point; said point being N 22 deg. 34 min. 09 sec. W a distance of 495.339 feet from P.R.M. 49-80-B28.

Thence N 46 deg. 22 min. 05 sec. E a distance of 998.81 feet to a point; Thence N 46 deg. 28 min. 06 sec. E a distance of 1,037.55 feet to a point; said point being N 55 deg. 30 min. 57 sec. W a distance of 349.368 feet from P.R.M. 49-80-B29.

Thence N 42 deg. 50 min. 53 sec. E a distance of 1,007.58 feet to a point; Thence N 41 deg. 58 min. 41 sec. E a distance of 997.87 feet to a point; Thence N 41 deg. 56 min. 31 sec. E a distance of 1,014.97 feet to a point; said point being N 30 deg. 11 min. 08 sec. W a distance of 318.187 feet from P.R.M. 49-80-B30.

Thence N 42 deg. 20 min. 48 sec. E a distance of 1,069.03 feet to a point; Thence N 42 deg. 18 min. 06 sec. E a distance of 1,033.07 feet to a point; said point being N 11 deg. 42 min. 23 sec. E a distance of 445.460 feet from P.R.M. 49-80-B31.

Thence N 37 deg. 46 min. 41 sec. E a distance of 987.10 feet to a point; Thence N 38 deg. 57 min. 59 sec. E a distance of 1,060.33 feet to a point; Thence N 45 deg. 21 min. 28 sec. E a distance of 1,010.92 feet to a point; said point being N 08 deg. 36 min. 41 sec. E a distance of 534.836 feet from P.R.M. 49-80-B32.

Thence N 45 deg. 37 min. 31 sec. E a distance of 1,018.99 feet to a point; Thence N 45 deg. 23 min. 12 sec. E a distance of 1,031.24 feet to a point; said point being N 26 deg. 08 min. 33 sec. W a distance of 384.675 feet from P.R.M. 49-80-B33.

Thence N 43 deg. 10 min. 56 sec. E a distance of 970.37 feet to a point; Thence N 27 deg. 47 min. 54 sec. E a distance of 987.28 feet to a point; Thence N 13 deg. 38 min. 35 sec. W a distance of 805.32 feet to a point; Thence N 13 deg. 27 min. 37 sec. W a distance of 388.28 feet to a point; said point being S 66 deg. 56 min. 12 sec. W a distance of 309.414 feet from P.R.M. 49-80-B34.

Thence N 13 deg. 27 min. 37 sec. W to the point of intersection with the mean high water line of the south bank of Saint George Sound, said point being the northeasterly terminus of the coastal construction control line for Saint George Island.

METES AND BOUNDS DESCRIPTION OF THE

COASTAL CONSTRUCTION CONTROL LINE FOR DOG ISLAND, FRANKLIN COUNTY, FLORIDA

Description of the Coastal Construction Control Line (CCCL) is established in compliance with section 161.053, F.S., said control line lying along the Gulf of Mexico coast from the mean high water line of the southeasterly bank of East Pass, easterly to the mean high water line of the southeast bank of Saint George Sound on Dog Island.

Said CCCL is related to a series of “Permanent Reference Monuments” (P.R.M.) designated and hereinafter referred to as “49-80-C01, 49-80-C10, 49-80-C13, and 49-80-C16” for monuments established by the Department of Environmental Protection, State of Florida, or referenced to by station name for monuments established by the National Geodetic Survey (N.G.S.). Said permanent reference monuments are established on the north zone of the State of Florida plane coordinate system. All stations in this description are based on North American 1983 Datum Adjustment of 1990.

The bearing base for this description is grid North, determined by Global Positioning (G.P.S.) Observations made at all Permanent Reference Monuments (P.R.M.).

Commence at P.R.M. 49-80-C01; thence N 81 deg. 05 min. 09 SEC. E a distance of 227.96 feet to the point of beginning; thence N 32 deg. 11 min. 26 sec. E to the point of intersection with the mean high water line of the southeasterly bank of East Pass. Said point being the northwesterly terminus of the coastal construction control line for Dog Island; thence return along the same course to the point of beginning.

Thence S 00 deg. 09 min. 30 sec. W a distance of 493.36 feet to a point; thence S 31 deg. 10 min. 27 sec. E a distance of 652.53 feet to a point; thence S 62 deg. 03 min. 08 sec. E a distance of 1,022.52 feet to a point; thence S 74 deg. 16 min. 48 sec. E a distance of 475.83 feet to a point; thence N 46 deg. 36 min. 12 sec. E a distance of 1,467.26 feet to a point; thence S 67 deg. 25 min. 30 sec. E a distance of 983.43 feet to a point; thence N 84 deg. 13 min. 52 sec. E a distance of 971.93 feet to a point; thence N 73 deg. 14 min. 24 sec. E a distance of 985.89 feet to a point; thence N 73 deg. 38 min. 43 sec. E a distance of 964.53 feet to a point; thence N 73 deg. 40 min. 37 sec. E a distance of 995.04 feet to a point; thence N 53 deg. 29 min. 19 sec. E a distance of 1,035.05 feet to a point; thence N 76 deg. 29 min. 10 sec. E a distance of 1,011.99 feet to a point; thence N 77 deg. 17 min. 44 sec. E a distance of 1020.56 feet to a point; thence N 76 deg. 46 min. 41 sec. E a distance of 992.14 feet to a point; thence N 76 deg. 59 min. 59 sec. E a distance of 900.63 feet to a point; thence N 71 deg. 13 min. 18 sec. E a distance of 1,046.57 feet to a point; thence N 70 deg. 18 min. 32 sec. E a distance of 894.54 feet to a point; thence N 70 deg. 26 min. 28 sec. E a distance of 1,013.12 feet to a point; thence N 70 deg. 12 min. 04 sec. E a distance of 892.01 feet to a point; thence N 79 deg. 11 min. 12 sec. E a distance of 993.94 feet to a point; thence N 72 deg. 51 min. 32 sec. E a distance of 963.30 feet to a point; thence N 64 deg. 01 min. 07 sec. E a distance of 1,096.44 feet to a point; thence N 62 deg. 31 min. 01 sec. E a distance of 966.56 feet to a point; thence N 62 deg. 16 min. 43 sec. E a distance of 200.00 feet to a point; thence N 35 deg. 42 min. 49 sec. E a distance of 279.51 feet to a point; thence N 58 deg. 02 min. 10 sec. E a distance of 504.49 feet to a point; thence N 73 deg. 47 min. 00 sec. E a distance of 984.55 feet to a point; thence N 66 deg. 48 min. 37 sec. E a distance of 1034.30 feet to a point; said point being N 88 deg. 15 min. 48 sec. E a distance of 612.20 feet from P.R.M. 49-80-C10.

Thence N 65 deg. 18 min. 10 sec. E a distance of 983.20 feet to a point; thence N 72 deg. 00 min. 36 sec. E a distance of 1,001.05 feet to a point; thence N 62 deg. 26 min. 21 sec. E a distance of 964.74 feet to a point; thence N 62 deg. 29 min. 47 sec. E a distance of 950.90 feet to a point; thence N 62 deg. 53 min. 26 sec. E a distance of 987.94 feet to a point; thence N 60 deg. 25 min. 23 sec. E a distance of 933.35 feet to a point; thence N 47 deg. 10 min. 53 sec. E a distance of 1,100.32 feet to a point; said point being N 30 deg. 43 min. 35 sec. W a distance of 498.01 feet from P.R.M. 49-80-C13.

Thence N 39 deg. 25 min. 27 sec. E a distance of 933.73 feet to a point; thence N 39 deg. 58 min. 46 sec. E a distance of 504.89 feet to a point; thence N 39 deg. 17 min. 28 sec. E a distance of 920.15 feet to a point; thence N 57 deg. 56 min. 00 sec. E a distance of 980.91 feet to a point; thence N 21 deg. 02 min. 31 sec. E a distance of 953.79 feet to a point; thence N 13 deg. 06 min. 53 sec. E a distance of 916.73 feet to a point; thence N 02 deg. 20 min. 26 sec. E a distance of 802.90 feet to a point; thence N 03 deg. 25 min. 49 sec. W a distance of 1006.80 feet to a point; said point being N 39 deg. 58 min. 00 sec. W a distance of 333.47 feet from P.R.M. 49-80-C16.

Thence N 10 deg. 19 min. 03 sec. W a distance of 751.30 feet to a point; thence N 27 deg. 31 min. 26 sec. W to the point of intersection with the mean high water line of the south bank of Saint George Sound, said point being the northeasterly terminus of the 2008 revised coastal construction control line for Dog Island.

METES AND BOUNDS DESCRIPTION OF THE

COASTAL CONSTRUCTION CONTROL LINE FOR ALLIGATOR POINT, FRANKLIN COUNTY, FLORIDA

Commence at P.R.M. 49-80-D01 thence N 61 deg. 11 min. 24 sec. W (all bearings in this description are grid) a distance of 321.812 feet to the point of beginning; Thence N 49 deg. 05 min. 26 sec. W a distance of 940.01 feet to a point; Thence N 63 deg. 14 min. 41 sec. W a distance of 1,248.46 feet to a point.

Thence N 80 deg. 27 min. 52 sec. W a distance of 1,349.73 feet to a point; Thence N 43 deg. 50 min. 58 sec. W to the point of intersection with the mean high water line of the south bank of Alligator Harbor, said point being the northwesterly terminus of the coastal construction control line for Alligator Point.

Recommence at P.R.M. 49-80-D01 thence N 61 deg. 11 min. 24 sec. W a distance of 321.812 feet to the point of beginning; Thence S 80 deg. 40 min. 20 sec. E a distance of 1,069.25 feet to a point; Thence S 86 deg. 13 min. 10 sec. E a distance of 1,085.25 feet to a point; said point being N 82 deg. 16 min. 42 sec. E a distance of 655.148 feet from P.R.M. 49-80-D02.

Thence S 86 deg. 30 min. 17 sec. E a distance of 945.20 feet to a point; Thence S 88 deg. 01 min. 3l sec. E a distance of 1,001.27 feet to a point; Thence S 76 deg. 05 min. 33 sec. E a distance of 904.85 feet to a point; said point being S 75 deg. 43 min. 29 sec. E a distance of 505.923 feet from P.R.M. 49-80-D03.

Thence S 68 deg. 19 min. 42 sec. E a distance of 1,062.99 feet to a point; said point being N 52 deg. 04 min. 02 sec. W a distance of 92.053 feet from P.R.M. 49-80-D04.

Thence S 76 deg. 04 min. 11 sec. E a distance of 938.34 feet to a point; said point being N 83 deg. 10 min. 49 sec. W a distance of 458.207 feet from P.R.M. 49-80-D05.

Thence S 65 deg. 39 min. 57 sec. E a distance of 1,042.64 feet to a point; said point being N 68 deg. 17 min. 52 sec. W a distance of 90.524 feet from P.R.M. 49-80-D06.

Thence S 66 deg. 17 min. 44 sec. E a distance of 1,011.15 feet to a point; Thence S 70 deg. 54 min. 36 sec. E a distance of 1,050.31 feet to a point; Thence S 75 deg. 27 min. 43 sec. E a distance of 988.30 feet to a point; Thence S 70 deg. 40 min. 45 sec. E a distance of 917.64 feet to a point; Thence S 68 deg. 07 min. 43 sec. E a distance of 1,137.07 feet to a point; said point being S 54 deg. 52 min. 35 sec. E a distance of 359.692 feet from P.R.M. 49-80-D07.

Thence S 68 deg. 10 min. 35 sec. E a distance of 829.35 feet to a point; said point being S 50 deg. 51 min. 21 sec. W a distance of 597.483 feet from P.R.M. 49-80-D08.

Thence N 88 deg. 06 min. 01 sec. E a distance of 1,238.99 feet to a point; said point being N 74 deg. 05 min. 26 sec. W a distance of 776.203 feet from P.R.M. 49-80-D09.

Thence N 79 deg. 35 min. 13 sec. E a distance of 847.39 feet to a point; Thence N 73 deg. 31 min. 57 sec. E a distance of 1,001.54 feet to a point; Thence N 71 deg. 46 min. 12 sec. E a distance of 920.22 feet to a point; Thence N 77 deg. 39 min. 04 sec. E a distance of 1,015.70 feet to a point; said point being N 51 deg. 21 min. 34 sec. E a distance of 331.288 feet from P.R.M. 49-80-D10.

Thence N 79 deg. 12 min. 48 sec. E a distance of 975.31 feet to a point; Thence N 81 deg. 42 min. 56 sec. E a distance of 986.37 feet to a point; said point being S 79 deg. 10 min. 35 sec. W a distance of 430.572 feet from P.R.M. 49-80-D11.

Thence N 86 deg. 29 min. 54 sec. E a distance of 972.74 feet to a point; Thence S 83 deg. 38 min. 20 sec. E a distance of 1,056.00 feet to a point; Thence N 81 deg. 58 min. 43 sec. E a distance of 912.16 feet to a point; said point being N 43 deg. 30 min. 32 sec. W a distance of 87.195 feet from P.R.M. 49-80-D12.

Thence N 67 deg. 09 min. 58 sec. E a distance of 990.52 feet to a point; said point being N 87 deg. 13 min. 38 sec. W a distance of 349.420 feet from P.R.M. 49-80-D13.

Thence N 45 deg. 06 min. 04 sec. E a distance of 924.03 feet to a point; said point being S 84 deg. 28 min. 57 sec. W a distance of 452.608 feet from P.R.M. 49-80-D14.

Thence N 33 deg. 23 min. 25 sec. E a distance of 962.26 feet to a point; said point being S 78 deg. 22 min. 36 sec. W a distance of 450.647 feet from P.R.M. 49-80-D15.

Thence N 21 deg. 51 min. 48 sec. E a distance of 904.73 feet to a point; Thence N 25 deg. 46 min. 04 sec. E a distance of 994.46 feet to a point; said point being N 67 deg. 15 min. 51 sec. W a distance of 257.619 feet from P.R.M. 49-80-D16.

Thence N 24 deg. 26 min. 30 sec. E a distance of 1,237.27 feet to a point; Thence N 19 deg. 52 min. 29 sec. E a distance of 829.12 feet to a point; Thence N 17 deg. 26 min. 52 sec. E a distance of 1,378.27 feet to a point; Thence N 08 deg. 49 min. 42 sec. E a distance of 1,153.56 feet to a point; said point being N 83 deg. 03 min. 49 sec. W a distance of 228.021 feet from P.R.M. 49-80-D17.

Thence N 13 deg. 14 min. 43 sec. E a distance of 1,192.63 feet to a point; Thence N 01 deg. 15 min. 41 sec. W a distance of 1,332.97 feet to a point; Thence N 07 deg. 51 min. 35 sec. W a distance of 1,029.16 feet to a point; said point being S 02 deg. 23 min. 07 sec. E a distance of 47.481 feet from P.R.M. 49-80-D18.

Thence N 11 deg. 23 min. 24 sec. W a distance of 974.38 feet to a point; Thence N 12 deg. 35 min. 14 sec. W a distance of 964.74 feet to a point; said point being S 59 deg. 13 min. 50 sec. E a distance of 46.133 feet from P.R.M. 49-80-D19.

Thence N 12 deg. 59 min. 05 sec. W a distance of 966.35 feet to a point; Thence N 12 deg. 34 min. 27 sec. W a distance of 1,028.57 feet to a point; said point being S 17 deg. 35 min. 42 sec. E a distance of 508.458 feet from P.R.M. 49-80-D20.

Thence N 17 deg. 19 min. 27 sec. W a distance of 1,064.08 feet to a point; Thence N 23 deg. 28 min. 40 sec. W a distance of 860.14 feet to a point; Thence N 41 deg. 30 min. 21 sec. W a distance of 642.84 feet to a point; said point being S 59 deg. 49 min. 22 sec. W a distance of 178.372 feet from P.R.M. 49-80-D21.

Thence N 41 deg. 30 min. 21 sec. W to the point of intersection with the mean high water line of the southerly bank of the Ochlockonee Bay, said point being the northeasterly terminus of the coastal construction control line for Alligator Point.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 4-30-84, Formerly 16B-26.14, 16B-26.014, Amended 5-15-09, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.015 Description of the Martin County Coastal Construction Control Line

(1) There is hereby established, pursuant to Section 161.053, F.S., the Martin County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect 20 days after filing with the Florida Department of State or on the date that it is duly recorded in the public records in the office of the Clerk of the Circuit Court, in and for Martin County, Florida, together with each affected municipality, whichever is later.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE MARTIN COUNTY, FLORIDA

Description of the coastal construction control line is established in compliance with section 161.053, F.S., said control line lying along the Atlantic Coast from the St. Lucie County and Martin County Line southeasterly to the Martin County and Palm Beach County Line.

Said coastal construction control line is related to a series of “Permanent Reference Monuments” (P.R.M.) designated and hereinafter referred to as “Martin County Station 101 through Martin County Station 108,” “National Geodetic Station Refuge 2 1934,” “Martin County Station PI 115C and 115D,” “89-84-A01 through 89-84-A07,” “89-84-A04 and 89-84-A06 Azimuth Marks,” “National Geodetic Station Royal 2 RM 4 1934” and “Martin County Stations 123 and 124” for monuments established by the Department of Environmental Protection, or referenced to by Station Name for monuments established by the National Geodetic Survey (N.G.S.).

Commence at P.R.M. Martin County Station 101 1976, thence N 64 deg. 43 min. 59 sec. E (all bearings in this description are grid) a distance of 241.37 feet the point of beginning; Thence N 22 deg. 30 min. 39 sec. W to the point of intersection with Martin and St. Lucie County line; Said point being the northwesterly terminus of the coastal construction control line for Martin County; Thence S 22 deg. 30 min. 39 sec. E to the point of beginning.

Thence S 22 deg. 30 min. 39 sec. E a distance of 900.45 feet to a point; Thence S 22 deg. 38 min. 59 sec. E a distance of 899.73 feet to a point; Thence S 22 deg. 54 min. 30 sec. E a distance of 900.21 feet to a point; Thence S 23 deg. 28 min. 01 sec. E a distance of 884.95 feet to a point; Thence S 24 deg. 03 min. 17 sec. E a distance of 723.88 feet to a point; Thence S 25 deg. 52 min. 00 sec. E a distance of 280.00 feet to a point; Said point being N 51 deg. 29 min. 57 sec. E a distance of 193.36 feet from P.R.M. Martin County Station 102 1976.

Thence S 25 deg. 52 min. 00 sec. E a distance of 808.59 feet to a point; Thence S 25 deg. 24 min. 48 sec. E a distance of 898.49 feet to a point; Thence S 28 deg. 08 min. 36 sec. E a distance of 903.14 feet to a point; Thence S 26 deg. 31 min. 53 sec. E a distance of 896.43 feet to a point; Thence S 25 deg. 05 min. 12 sec. E a distance of 901.82 feet to a point; Thence S 26 deg. 30 min. 03 sec. E a distance of 901.35 feet to a point; Thence S 26 deg. 12 min. 16 sec. E a distance of 520.00 feet to a point; Said point being N 73 deg. 11 min. 21 sec. E a distance of 93.65 feet from P.R.M. Martin County Station 103 Reset 1984.

Thence S 26 deg. 12 min. 16 sec. E a distance of 378.89 feet to a point; Thence S 26 deg. 11 min. 52 sec. E a distance of 900.73 feet to a point; Thence S 26 deg. 20 min. 25 sec. E a distance of 900.04 feet to a point; Thence S 25 deg. 53 min. 39 sec. E a distance of 899.27 feet to a point; Thence S 28 deg. 11 min. 39 sec. E a distance of 841.40 feet to a point; Thence S 24 deg. 44 min. 47 sec. E a distance of 959.53 feet to a point; Thence S 26 deg. 05 min. 01 sec. E a distance of 891.44 feet to a point; Said point being N 58 deg. 30 min. 09 sec. E a distance of 195.54 feet from P.R.M. Martin County Station 104 1976.

Thence S 25 deg. 53 min. 42 sec. E a distance of 908.09 feet to a point; Thence S 27 deg. 24 min. 28 sec. E a distance of 901.81 feet to a point; Thence S 25 deg. 21 min. 02 sec. E a distance of 898.91 feet to a point; Thence S 28 deg. 15 min. 29 sec. E a distance of 891.16 feet to a point; Thence S 28 deg. 45 min. 21 sec. E a distance of 907.08 feet to a point; Thence S 28 deg. 04 min. 49 sec. E a distance of 898.41 feet to a point; Thence S 30 deg. 25 min. 11 sec. E a distance of 903.55 feet to a point; Said point being S 64 deg. 51 min. 12 sec. E a distance of 300.12 feet from P.R.M. Martin County Station 105 1976.

Thence S 31 deg. 00 min. 36 sec. E a distance of 905.72 feet to a point; Thence S 28 deg. 39 min. 48 sec. E a distance of 899.18 feet to a point; Thence S 28 deg. 39 min. 10 sec. E a distance of 898.70 feet to a point; Thence S 28 deg. 39 min. 10 sec. E a distance of 365.00 feet to a point; Said point being S 00 deg. 30 min. 15 sec. E a distance of 165.77 feet from P.R.M. N.G.S. Refuge 2 1934.

Thence S 19 deg. 08 min. 30 sec. E a distance of 536.72 feet to a point; Thence S 29 deg. 13 min. 43 sec. E a distance of 909.58 feet to a point; Thence S 19 deg. 30 min. 34 sec. E a distance of 897.97 feet to a point; Thence S 24 deg. 41 min. 12 sec. E a distance of 843.87 feet to a point; Thence S 22 deg. 52 min. 49 sec. E a distance of 1,121.99 feet to a point; Thence S 21 deg. 03 min. 06 sec. W a distance of 343.56 feet to a point; Thence S 12 deg. 01 min. 37 sec. E a distance of 1,050.00 feet to a point; Said point being N 87 deg. 25 min. 04 sec. E a distance of 1,197.38 feet from P.R.M. Martin County Station 107 Reset 1984.

Thence S 12 deg. 01 min. 37 sec. E a distance of 269.75 feet to a point; Thence S 12 deg. 53 min. 10 sec. E a distance of 922.73 feet to a point; Thence S 22 deg. 22 min. 34 sec. E a distance of 1,102.19 feet to a point; Thence S 21 deg. 00 min. 33 sec. E a distance of 745.11 feet to a point; Thence S 21 deg. 16 min. 29 sec. E a distance of 852.12 feet to a point; Thence S 21 deg. 25 min. 17 sec. E a distance of 900.39 feet to a point; Thence S 20 deg. 54 min. 13 sec. E a distance of 899.99 feet to a point; Said point being N 28 deg. 15 min. 22 sec. E a distance of 500.09 feet from P.R.M. Martin County Station 108 1976.

Thence S 20 deg. 54 min. 13 sec. E to the mean high water line on the northwesterly bank of St. Lucie Inlet; Thence N 20 deg. 54 min. 13 sec. W to the aforementioned point; Said point being N 28 deg. 15 min. 22 sec. E a distance of 500.09 feet from P.R.M. Martin County Station 108 1976.

Recommence at P.R.M. 89-84-A01, Thence S 57 deg. 09 min. 10 sec. W a distance of 233.10 feet to a point on the coastal construction control line; Thence N 30 deg. 23 min. 10 sec. W a distance of 435.00 feet to a point; Thence N 29 deg. 12 min. 34 sec. W a distance of 932.82 feet to a point; Thence N 28 deg. 33 min. 35 sec. W a distance of 986.69 feet to a point; Said point being the northwesterly terminus of the coastal construction control line along Jupiter Island in Martin County.

Thence S 28 deg. 33 min. 35 sec. E a distance of 986.69 feet to a point; Thence S 29 deg. 12 min. 34 sec. E a distance of 932.82 feet to a point; Thence S 30 deg. 23 min. 10 sec. E a distance of 435.00 feet to a point; Said point being S 57 deg. 09 min. 10 sec. W a distance of 233.10 feet from P.R.M. 89-84-A01.

Thence S 30 deg. 23 min. 10 sec. E a distance of 405.49 feet to a point; Thence S 29 deg. 15 min. 40 sec. E a distance of 913.36 feet to a point; Thence S 28 deg. 51 min. 07 sec. E a distance of 908.06 feet to a point; Thence S 28 deg. 21 min. 12 sec. E a distance of 911.59 feet to a point; Thence S 28 deg. 04 min. 23 sec. E a distance of 893.90 feet to a point; Thence S 27 deg. 31 min. 13 sec. E a distance of 906.30 feet to a point; Said point being S 73 deg. 02 min. 18 sec. E a distance of 63.45 feet from P.R.M. N.G.S. Royal 2 RM 4.

Thence S 26 deg. 04 min. 52 sec. E a distance of 902.80 feet to a point; Thence S 21 deg. 59 min. 43 sec. E a distance of 1,140.67 feet to a point; Thence S 18 deg. 17 min. 43 sec. E a distance of 746.82 feet to a point; Thence S 15 deg. 07 min. 42 sec. E a distance of 1,086.72 feet to a point; Said point being N 13 deg. 23 min. 17 sec. E a distance of 126.11 feet from P.R.M. 89-84-A02.

Thence S 22 deg. 08 min. 57 sec. E a distance of 643.65 feet to a point; Thence S 28 deg. 12 min. 12 sec. E a distance of 794.54 feet to a point; Thence S 27 deg. 17 min. 47 sec. E a distance of 1017.15 feet to a point; Thence S 25 deg. 33 min. 09 sec. E a distance of 963.70 feet to a point; Thence S 24 deg. 10 min. 19 sec. E a distance of 833.50 feet to a point; Thence S 24 deg. 22 min. 32 sec. E a distance of 887.80 feet to a point; Thence S 22 deg. 09 min. 20 sec. E a distance of 900.37 feet to a point; Thence S 19 deg. 25 min. 58 sec. E a distance of 896.42 feet to a point; Thence S 20 deg. 32 min. 23 sec. E a distance of 135.00 feet to a point; Said point being N 58 deg. 54 min. 46 sec. E a distance of 159.39 feet from P.R.M. 89-84-A03.

Thence S 20 deg. 32 min. 23 sec. E a distance of 767.36 feet to a point; Thence S 19 deg. 22 min. 33 sec. E a distance of 870.46 feet to a point; Thence S 19 deg. 42 min. 48 sec. E a distance of 1,095.81 feet to a point; Thence S 22 deg. 45 min. 06 sec. E a distance of 698.27 feet to a point; Thence S 22 deg. 31 min. 41 sec. E a distance of 338.06 feet to a point; Said point being N 11 deg. 18 min. 14 sec. E a distance of 156.17 feet from P.R.M. 89-84-A04.

Thence S 22 deg. 31 min. 41 sec. E a distance of 562.94 feet to a point; Thence S 23 deg. 18 min. 49 sec. E a distance of 1,110.87 feet to a point; Thence S 22 deg. 50 min. 39 sec. E a distance of 828.68 feet to a point; Thence S 22 deg. 14 min. 50 sec. E a distance of 888.90 feet to a point; Thence S 19 deg. 53 min. 33 sec. E a distance of 868.38 feet to a point; Thence S 19 deg. 21 min. 04 sec. E a distance of 909.63 feet to a point; Thence S 18 deg. 28 min. 57 sec. E a distance of 909.67 feet to a point; Thence S 14 deg. 37 min. 58 sec. E a distance of 330.00 feet to a point; Said point being S 27 deg. 36 min. 19 sec. E a distance of 174.86 feet from P.R.M. 89-84-A05.

Thence S 14 deg. 37 min. 58 sec. E a distance of 576.05 feet to a point; Thence S 17 deg. 58 min. 15 sec. E a distance of 802.81 feet to a point; Thence S 17 deg. 37 min. 38 sec. E a distance of 938.06 feet to a point; Thence S 18 deg. 22 min. 34 sec. E a distance of 902.22 feet to a point; Thence S 16 deg. 22 min. 09 sec. E a distance of 881.63 feet to a point; Thence S 15 deg. 01 min. 40 sec. E a distance of 533.04 feet to a point; Said point being S 51 deg. 46 min. 34 sec. W a distance of 95.37 feet from P.R.M. 89-84-A06.

Thence S 15 deg. 01 min. 40 sec. E a distance of 313.13 feet to a point; Thence S 12 deg. 52 min. 21 sec. E a distance of 916.44 feet to a point; Thence S 14 deg. 01 min. 33 sec. E a distance of 894.45 feet to a point; Thence S 10 deg. 53 min. 42 sec. E a distance of 892.62 feet to a point; Thence S 10 deg. 42 min. 42 sec. E a distance of 898.10 feet to a point; Thence S 08 deg. 20 min. 34 sec. E a distance of 720.00 feet to a point; Said point being S 13 deg. 39 min. 17 sec. W a distance of 189.04 feet from P.R.M. 89-84-A07.

Thence S 08 deg. 20 min. 34 sec. E a distance of 169.18 feet to a point; Thence S 06 deg. 23 min. 01 sec. E a distance of 894.28 feet to a point; Thence S 07 deg. 17 min. 35 sec. E a distance of 892.72 feet to a point; Thence S 14 deg. 53 min. 05 sec. E a distance of 879.23 feet to a point; Thence S 19 deg. 52 min. 02 sec. E a distance of 897.45 feet to a point; Thence S 19 deg. 57 min. 25 sec. E a distance of 906.26 feet to a point; Thence S 21 deg. 57 min. 28 sec. E a distance of 892.59 feet to a point; Thence S 22 deg. 54 min. 55 sec. E a distance of 899.39 feet to a point; Said point being N 78 deg. 30 min. 25 sec. E a distance of 221.80 feet from P.R.M. Martin County Station 123 1976.

Thence S 20 deg. 13 min. 44 sec. E a distance of 918.87 feet to a point; Thence S 20 deg. 40 min. 01 sec. E a distance of 861.29 feet to a point; Thence S 11 deg. 27 min. 33 sec. E a distance of 896.15 feet to a point; Thence S 08 deg. 41 min. 50 sec. E a distance of 901.37 feet to a point; Thence S 08 deg. 41 min. 50 sec. E a distance of 200.00 feet to a point; Said point being N 32 deg. 22 min. 17 sec. E a distance of 126.86 feet from P.R.M. Martin County Station 124 1984.

Thence S 08 deg. 41 min. 50 sec. E to the point of intersection with the Martin and Palm Beach County Line; Said point being the southeasterly terminus of the coastal construction control line for Martin County; Thence N 08 deg. 41 min. 50 sec. W to the aforementioned point; Said point being N 32 deg. 22 min. 17 sec. E a distance of 126.86 feet from P.R.M. Martin County Station 124 1984.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 7-9-85, Formerly 16B-26.15, 16B-26.015, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.016 Description of the Gulf County Coastal Construction Control Line

(1) There is hereby established, pursuant to section 161.053, F.S., the revised Gulf County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Gulf County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit, under section 161.053, F.S., and chapter 62B-33, F.A.C., to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE GULF COUNTY, FLORIDA

Description of the coastal construction control line (CCCL) is established in compliance with section 161.053 of the Florida Statutes, said CCCL lying along the Saint Joseph Bay and the Gulf of Mexico coast from Bay County and Gulf County line, southerly and easterly to its terminus at the intersection with the Gulf County and Franklin County line.

Said CCCL is related to a series of “permanent reference monuments” (P.R.M.) designated and hereinafter referred to as “46-76-A04,” “46-76-A01,” “51-83-B01 RM1,” “51-83-B02 RM1,” “51-83-B04 RM2,” “51-83-B08,” “51-83-B09,” “51-83-B20,” “51-83-B21,” “51-83-B23 AZ MK,” “51-83-B25,” “51-83-B26,” “51-83-B28,” “51-83-B30,” “51-02-C02G,” “C-339-1977,” “51-83-B34-2,” “51-83-B35C,” “51-83-B36,” “51-93-B39 AZ MK,” “G-339-1977,” “51-83-B39 through “51-83-B41,” “51-83-B43,” “51-07-B44 RM1-2.” For monuments established by the Department of Environmental Protection, State of Florida, or referred to by station name for monuments established by National Geodetic Survey (N.G.S.) said P.R.M. are established on the north zone of the State of Florida Plane Coordinate System. All stations in this description are based on N.G.S. Ref. Frame: NAD 83 (CORS96) (epoch:2002.0000). The bearing base for this description is grid north, determined by Global Position System (G.P.S.) observation made at all P.R.M.

Commence at “46-76-A04”; thence S 46 Deg. 27 Min. 33 Sec. E a distance of 3704.60 feet to the point of beginning; thence N 42 Deg. 20 Min. 15 Sec. W to the point of intersection with the Gulf County and Bay County line, said line being the westerly terminus of the CCCL for Gulf County; thence S 42 Deg. 20 Min. 15 Sec. E to the point of beginning; said point being S 46 Deg. 27 Min. 33 Sec. E a distance 3704.60 feet from 46-76-A04.

Thence S 42 Deg. 20 Min. 14 Sec. E a distance of 1,000.00 feet to a point; thence S 42 Deg. 20 Min. 15 Sec. E a distance of 1,029.05 feet to a point; thence S 41 Deg. 23 Min. 41 Sec. E a distance of 1,019.57 feet to a point; thence S 41 Deg. 30 Min. 41 Sec. E a distance of 1,019.98 feet to a point; thence S 40 Deg. 22 Min. 56 Sec. E a distance of 1,005.59 feet to a point; thence S 38 Deg. 30 Min. 42 Sec. E a distance of 986.46 feet to a point; said point being N 39 Deg. 37 Min. 48 Sec. E a distance of 117.49 feet from “46-76-A01.”

Thence S 39 Deg. 44 Min. 38 Sec. E a distance of 1,080.80 feet to a point; thence S 39 Deg. 41 Min. 05 Sec. E a distance of 955.35 feet to a point; thence S 41 Deg. 07 Min. 59 Sec. E a distance of 998.10 feet to a point; said point being N 46 Deg. 23 Min. 34 Sec. E a distance of 70.32 feet from “51-83-B01 RM1.”

Thence S 38 Deg. 00 Min. 33 Sec. E a distance of 1,003.24 feet to a point; thence S 38 Deg. 52 Min. 46 Sec. E a distance of 973.71 feet to a point; thence S 36 Deg. 40 Min. 33 Sec. E a distance of 999.93 feet to a point; said point being N 08 Deg. 51 Min. 28 Sec. W a distance of 163.63 feet from “51-83-B02 RM1.”

Thence S 33 Deg. 14 Min. 00 Sec. E a distance of 1,009.74 feet to a point; thence S 32 Deg. 34 Min. 03 Sec. E a distance of 994.27 feet to a point; thence S 31 Deg. 05 Min. 44 Sec. E a distance of 1,038.66 feet to a point; thence S 27 Deg. 34 Min. 55 Sec. E a distance of 1,023.87 feet to a point; thence S 27 Deg. 44 Min. 49 Sec. E a distance of 990.95 feet to a point; thence S 27 Deg. 37 Min. 33 Sec. E a distance of 476.72 feet to a point; thence S 88 Deg. 28 Min. 18 Sec. E a distance of 138.30 feet to a point; thence S 27 Deg. 32 Min. 07 Sec. E a distance of 353.13 feet to a point; thence S 15 Deg. 35 Min. 08 Sec. W a distance of 165.91 feet to a point; thence S 25 Deg. 53 Min. 57 Sec. E a distance of 1,027.72 feet to a point; said point being S 22 Deg. 56 Min. 25 Sec. E a distance of 286.33 feet from “51-83-B04 RM2.”

Thence S 25 Deg. 27 Min. 48 Sec. E a distance of 661.58 feet to a point; thence S 89 Deg. 53 Min. 35 Sec. E a distance of 165.00 feet to a point; thence S 26 Deg. 01 Min. 09 Sec. E a distance of 210.26 feet to a point; thence S 24 Deg. 39 Min. 34 Sec. E a distance of 237.33 feet to a point; thence S 34 Deg. 30 Min. 48 Sec. W a distance of 164.14 feet to a point; thence S 26 Deg. 11 Min. 30 Sec. E a distance of 732.68 feet to a point; thence S 25 Deg. 15 Min. 31 Sec. E a distance of 981.95 feet to a point; thence S 24 Deg. 25 Min. 42 Sec. E a distance of 994.06 feet to a point; thence S 23 Deg. 55 Min. 49 Sec. E a distance of 994.01 feet to a point; thence S 17 Deg. 26 Min. 39 Sec. E a distance of 998.95 feet to a point; thence S 17 Deg. 42 Min. 09 Sec. E a distance of 999.87 feet to a point; thence S 19 Deg. 16 Min. 22 Sec. E a distance of 986.09 feet to a point; thence S 16 Deg. 37 Min. 42 Sec. E a distance of 1,011.36 feet to a point; thence S 19 Deg. 34 Min. 30 Sec. E a distance of 1,008.72 feet to a point; thence S 27 Deg. 01 Min. 20 Sec. E a distance of 1,004.91 feet to a point; said point being N 30 Deg. 22 Min. 48 Sec. E a distance of 247.67 feet from “51-83-B08.”

Thence S 31 Deg. 34 Min. 09 Sec. E a distance of 1,036.29 feet to a point; thence S 64 Deg. 59 Min. 58 Sec. W to the point of intersection with the mean high water line of the northeasterly bank of Saint Joseph Bay; said point being the southwesterly terminus of the CCCL along Saint Joseph Bay; thence N 64 Deg. 59 Min. 58 Sec. E to the aforementioned point; thence N 31 Deg. 34 Min. 09 Sec. W a distance of 1,036.29 feet to a point; said point being N 30 Deg. 22 Min. 48 Sec. E a distance of 247.67 feet from “51-83-B08.”

Recommence at “51-83-B09,” thence N 10 Deg. 31 Min. 47 Sec. E a distance of 229.71 feet to a point on the CCCL; thence S 40 Deg. 00 Min. 01 Sec. E to the point of intersection with the mean high water line of the southeasterly bank of Cape San Blas; thence N 40 Deg. 00 Min. 01 Sec. W to the aforementioned point; said point being N 10 Deg. 31 Min. 47 Sec. E a distance of 229.71 feet from “51-83-B09.”

Thence S 54 Deg. 40 Min. 06 Sec. W a distance of 1581.22 feet to a point; thence S 52 Deg. 12 Min. 28 Sec. W a distance of 907.33 feet to a point; thence S 24 Deg. 33 Min. 29 Sec. W a distance of 703.79 feet to a point; thence S 53 Deg. 24 Min. 19 Sec. W a distance of 534.87 feet to a point; thence S 53 Deg. 13 Min. 21 Sec. W a distance of 984.80 feet to a point; thence S 61 Deg. 20 Min. 18 Sec. W a distance of 989.00 feet to a point; thence S 35 Deg. 27 Min. 12 Sec. W a distance of 1,039.30 feet to a point; thence S 33 Deg. 16 Min. 13 Sec. W a distance of 1,044.47 feet to a point; thence S 27 Deg. 00 Min. 01 Sec. W a distance of 889.32 feet to a point; thence S 18 Deg. 19 Min. 46 Sec. W a distance of 1,089.53 feet to a point; thence S 13 Deg. 19 Min. 34 Sec. W a distance of 1,058.18 feet to a point; thence S 13 Deg. 45 Min. 55 Sec. W a distance of 978.67 feet to a point; thence S 11 Deg. 16 Min. 33 Sec. W a distance of 1,070.45 feet to a point; thence S 11 Deg. 43 Min. 07 Sec. W a distance of 986.57 feet to a point; thence S 03 Deg. 30 Min. 50 Sec. W a distance of 987.53 feet to a point; thence S 08 Deg. 49 Min. 46 Sec. W a distance of 1,067.62 feet to a point; thence S 09 Deg. 00 Min. 02 Sec. W a distance of 1,070.69 feet to a point; thence S 02 Deg. 44 Min. 38 Sec. W a distance of 940.09 feet to a point; thence S 02 Deg. 44 Min. 14 Sec. W a distance of 1,026.18 feet to a point; thence S 02 Deg. 56 Min. 29 Sec. E a distance of 1,021.15 feet to a point; thence S 02 Deg. 52 Min. 44 Sec. E a distance of 1,032.09 feet to a point; thence S 06 Deg. 27 Min. 26 Sec. E a distance of 1,027.97 feet to a point; thence S 04 Deg. 08 Min. 18 Sec. E a distance of 993.71 feet to a point; thence S 05 Deg. 36 Min. 04 Sec. E a distance of 1,053.65 feet to a point; thence S 05 Deg. 45 Min. 59 Sec. E a distance of 988.96 feet to a point; thence S 06 Deg. 26 Min. 20 Sec. E a distance of 1,037.10 feet to a point; thence S 08 Deg. 14 Min. 09 Sec. E a distance of 1,071.69 feet to a point; thence S 07 Deg. 36 Min. 06 Sec. E a distance of 956.43 feet to a point; thence S 10 Deg. 18 Min. 08 Sec. E a distance of 1,029.74 feet to a point; thence S 10 Deg. 19 Min. 12 Sec. E a distance of 1,056.51 feet to a point; thence S 10 Deg. 06 Min. 50 Sec. E a distance of 978.05 feet to a point; thence S 09 Deg. 53 Min. 18 Sec. E a distance of 1,059.30 feet to a point; thence S 10 Deg. 46 Min. 01 Sec. E a distance of 1,092.25 feet to a point; thence S 16 Deg. 09 Min. 07 Sec. E a distance of 1,024.55 feet to a point; thence S 16 Deg. 28 Min. 48 Sec. E a distance of 1,080.05 feet to a point; thence S 01 Deg. 22 Min. 11 Sec. W a distance of 1073.36 feet to a point; thence S 07 Deg. 37 Min. 13 Sec. E a distance of 1,043.97 feet to a point; thence S 13 Deg. 08 Min. 43 Sec. E a distance of 1,078.10 feet to a point; thence S 13 Deg. 18 Min. 26 Sec. E a distance of 1,093.98 feet to a point; thence S 13 Deg. 17 Min. 15 Sec. E a distance of 1,046.13 feet to a point; said point being N 10 Deg. 48 Min. 59 Sec. E a distance of 112.85 feet from “51-83-B20.”

Thence S 11 Deg. 57 Min. 26 Sec. E a distance of 1,072.42 feet to a point; thence S 15 Deg. 18 Min. 46 Sec. E a distance of 1,067.16 feet to a point; thence S 14 Deg. 52 Min. 29 Sec. E a distance of 1,055.19 feet to a point; said point being S 79 Deg. 11 Min. 09 Sec. W a distance of 175.19 feet from “51-83-B21.” Thence S 14 Deg. 42 Min. 16 Sec. E a distance of 1,046.86 feet to a point; thence S 14 Deg. 20 Min. 53 Sec. E a distance of 1,059.77 feet to a point; thence S 15 Deg. 52 Min. 03 Sec. E a distance of 1,033.91 feet to a point; thence S 14 Deg. 50 Min. 17 Sec. E a distance of 1,058.63 feet to a point; thence S 12 Deg. 26 Min. 44 Sec. E a distance of 600.01 feet to a point; said point being S 72 Deg. 43 Min. 31 Sec. W a distance of 1,267.32 feet from “51-83-B23 AZ MK.”

Thence S 12 Deg. 26 Min. 41 Sec. E a distance of 451.44 feet to a point; thence S 11 Deg. 55 Min. 05 Sec. E a distance of 1,030.69 feet to a point; thence S 17 Deg. 46 Min. 44 Sec. E a distance of 1,044.20 feet to a point; thence S 19 Deg. 26 Min. 02 Sec. E a distance of 1,054.92 feet to a point; thence S 19 Deg. 26 Min. 31 Sec. E a distance of 788.27 feet to a point; thence S 19 Deg. 15 Min. 17 Sec. E a distance of 1,195.46 feet to a point; thence S 18 Deg. 16 Min. 13 Sec. E a distance of 998.30 feet to a point; thence S 18 Deg. 43 Min. 09 Sec. E a distance of 700.00 feet to a point; thence S 18 Deg. 43 Min. 09 Sec. E a distance of 353.51 feet to a point; said point being S 43 Deg. 31 Min. 47 Sec. W a distance of 431.03 feet from “51-83-B25.” Thence S 21 Deg. 34 Min. 02 Sec. E a distance of 1,002.42 feet to a point; thence S 21 Deg. 28 Min. 18 Sec. E a distance of 1,034.28 feet to a point; thence S 19 Deg. 04 Min. 28 Sec. E a distance of 1,028.91 feet to a point; thence S 22 Deg. 02 Min. 51 Sec. E a distance of 1,034.05 feet to a point; said point being N 79 Deg. 43 Min. 01 Sec. W a distance of 610.35 feet from “51-83-B26.”

Thence S 21 Deg. 55 Min. 42 Sec. E a distance of 1,018.99 feet to a point; thence S 21 Deg. 22 Min. 57 Sec. E a distance of 1,023.82 feet to a point; thence S 21 Deg. 28 Min. 44 Sec. E a distance of 994.50 feet to a point; thence S 22 Deg. 08 Min. 47 Sec. E a distance of 1,019.65 feet to a point; thence S 22 Deg. 10 Min. 56 Sec. E a distance of 1,064.66 feet to a point; thence S 22 Deg. 39 Min. 03 Sec. E a distance of 1,044.81 feet to a point; thence S 22 Deg. 24 Min. 37 Sec. E a distance of 988.25 feet to a point; said point being S 28 Deg. 14 Min. 41 Sec. W a distance of 666.05 feet from “51-83-B28.”

Thence S 27 Deg. 53 Min. 39 Sec. E a distance of 996.17 feet to a point; thence S 25 Deg. 52 Min. 23 Sec. E a distance of 1,010.77 feet to a point; thence S 26 Deg. 18 Min. 08 Sec. E a distance of 925.35 feet to a point; thence S 27 Deg. 31 Min. 15 Sec. E a distance of 1,018.45 feet to a point; thence S 20 Deg. 30 Min. 52 Sec. E a distance of 937.70 feet to a point; thence S 42 Deg. 09 Min. 28 Sec. E a distance of 1,028.52 feet to a point; thence S 42 Deg. 00 Min. 26 Sec. E a distance of 1,150.05 feet to a point; said point being S 37 Deg. 14 Min. 48 Sec. E a distance of 396.36 feet from “51-83-B30.”

Thence S 35 Deg. 10 Min. 12 Sec. E a distance of 1,020.98 feet to a point; thence S 35 Deg. 25 Min. 39 Sec. E a distance of 1,033.50 feet to a point; thence S 35 Deg. 34 Min. 53 Sec. E a distance of 1,024.06 feet to a point; said point being S 88 Deg. 18 Min. 16 Sec. E a distance of 727.84 feet from “51-02-C02G.”

Thence S 58 Deg. 47 Min. 23 Sec. E a distance of 1,266.61 feet to a point; thence S 40 Deg. 38 Min. 40 Sec. E a distance of 3,740.79 feet to a point; thence N 24 Deg. 29 Min. 02 Sec. E a distance of 1,186.25 feet to a point; thence N 41 Deg. 40 Min. 55 Sec. E a distance of 1,167.30 feet to a point; thence N 57 Deg. 34 Min. 11 Sec. E a distance of 909.41 feet to a point; said point being S 57 Deg. 47 Min. 46 Sec. E a distance of 893.26 feet from “C-339-1977.”

Thence N 59 Deg. 17 Min. 34 Sec. E a distance of 1,034.58 feet to a point; thence N 59 Deg. 08 Min. 27 Sec. E a distance of 1,048.60 feet to a point; thence N 67 Deg. 01 Min. 55 Sec. E a distance of 998.69 feet to a point; thence N 66 Deg. 51 Min. 51 Sec. E a distance of 1,037.81 feet to a point; thence N 71 Deg. 48 Min. 28 Sec. E a distance of 1,125.10 feet to a point; thence N 71 Deg. 43 Min. 07 Sec. E a distance of 939.46 feet to a point; thence N 74 Deg. 20 Min. 14 Sec. E a distance of 996.93 feet to a point; said point being S 43 Deg. 25 Min. 22 Sec. E a distance of 984.90 feet from “51-83-B34-2.”

Thence N 77 Deg. 33 Min. 57 Sec. E a distance of 1,098.25 feet to a point; thence N 77 Deg. 38 Min. 33 Sec. E a distance of 1,068.63 feet to a point; thence N 81 Deg. 25 Min. 41 Sec. E a distance of 1,010.52 feet to a point; thence N 81 Deg. 49 Min. 55 Sec. E a distance of 450.00 feet to a point; thence N 81 Deg. 49 Min. 52 Sec. E a distance of 617.52 feet to a point; thence N 83 Deg. 38 Min. 14 Sec. E a distance of 1,017.17 feet to a point; thence N 83 Deg. 56 Min. 22 Sec. E a distance of 1,028.55 feet to a point; said point being S 40 Deg. 10 Min. 50 Sec. E a distance of 233.90 feet from “51-83-B35C.”

Thence N 85 Deg. 55 Min. 41 Sec. E a distance of 993.02 feet to a point; said point being S 00 Deg. 56 Min. 36 Sec. E a distance of 386.79 feet from “51-83-B36.”

Thence N 84 Deg. 57 Min. 16 Sec. E a distance of 1,057.61 feet to a point; thence N 89 Deg. 59 Min. 58 Sec. E a distance of 986.01 feet to a point; thence S 88 Deg. 49 Min. 10 Sec. E a distance of 1,018.73 feet to a point; thence S 88 Deg. 35 Min. 54 Sec. E a distance of 500.01 feet to a point; thence S 88 Deg. 35 Min. 54 Sec. E a distance of 460.29 feet to a point; thence S 88 Deg. 23 Min. 15 Sec. E a distance of 1,047.93 feet to a point; thence S 88 Deg. 08 Min. 18 Sec. E a distance of 1,061.57 feet to a point; said point being N 28 Deg. 59 Min. 16 Sec. E a distance of 206.93 feet from “51-93-B39 AZ MK.”

Thence S 86 Deg. 15 Min. 18 Sec. E a distance of 400.00 feet to a point; said point being S 23 Deg. 03 Min. 56 Sec. E a distance of 161.29 feet from “G-339-1977.”

Thence S 86 Deg. 15 Min. 17 Sec. E a distance of 549.04 feet to a point; thence S 85 Deg. 20 Min. 46 Sec. E a distance of 1,105.89 feet to a point; thence S 81 Deg. 51 Min. 37 Sec. E a distance of 986.73 feet to a point; thence S 82 Deg. 39 Min. 40 Sec. E a distance of 1,037.50 feet to a point; said point being N 54 Deg. 42 Min. 48 Sec. E a distance of 357.50 feet from “51-93-B39.”

Thence S 80 Deg. 44 Min. 04 Sec. E a distance of 912.92 feet to a point; thence S 79 Deg. 14 Min. 56 Sec. E a distance of 1,108.44 feet to a point; thence S 77 Deg. 21 Min. 49 Sec. E a distance of 1,038.74 feet to a point; thence S 78 Deg. 51 Min. 59 Sec. E a distance of 983.03 feet to a point; said point being N 31 Deg. 01 Min. 58 Sec. W a distance of 79.59 feet from "51-93-B40.”

Thence S 76 Deg. 18 Min. 12 Sec. E a distance of 1,062.18 feet to a point; thence S 74 Deg. 13 Min. 50 Sec. E a distance of 1,130.85 feet to a point; thence S 73 Deg. 38 Min. 52 Sec. E a distance of 1,011.67 feet to a point; said point being S 58 Deg. 27 Min. 22 Sec. E a distance of 224.00 feet from “51-93-B41.”

Thence S 70 Deg. 15 Min. 22 Sec. E a distance of 1,055.87 feet to a point; thence S 86 Deg. 17 Min. 30 Sec. E a distance of 994.44 feet to a point; thence N 87 Deg. 37 Min. 51 Sec. E a distance of 822.79 feet to a point; thence N 82 Deg. 51 Min. 30 Sec. E a distance of 1,046.39 feet to a point; thence N 86 Deg. 14 Min. 09 Sec. E a distance of 797.72 feet to a point; thence N 72 Deg. 03 Min. 16 Sec. E a distance of 978.11 feet to a point; thence N 52 Deg. 02 Min. 04 Sec. E a distance of 919.25 feet to a point; thence N 52 Deg. 31 Min. 43 Sec. E a distance of 895.95 feet to a point; said point being S 75 Deg. 09 Min. 27 Sec. E a distance of 162.11 feet from “51-93-B43.”

Thence N 52 Deg. 38 Min. 32 Sec. E a distance of 781.57 feet to a point; said point being N 08 Deg. 52 Min. 08 Sec. E a distance of 462.32 feet from “51-07-B44 RM1-2.”

Thence N 52 Deg. 38 Min. 32 Sec. E to the point of intersection with the mean high water line of the southwesterly bank of Indian Pass; said point being the northeasterly terminus of the CCCL for Gulf County; thence S 52 Deg. 38 Min. 33 Sec. W to the aforementioned point; said point being N 08 Deg. 52 Min. 08 Sec. E a distance of 462.32 feet from “51-07-B44 RM1-2.”

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 2-25-86, Formerly 16B-26.016, Amended 1-21-10, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.017 Description of the Brevard County Coastal Construction Control Line

(1) There is hereby established, pursuant to section 161.053, F.S., the Brevard County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Brevard County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE BREVARD COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053, F.S., SAID CONTROL LINE LYING ALONG THE ATLANTIC COAST FROM THE MEAN HIGH WATER LINE OF THE SOUTHERN BANK OF PORT CANAVERAL INLET SOUTHERLY TO THE MEAN HIGH WATER LINE OF THE NORTHERN BANK OF SEBASTIAN INLET.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “70-80-A01 THROUGH 70-80-A18,” “70-85-A19-2,” “70-80-A20,” “70-85-A21-2,” “70-80-A22 THROUGH 70-80-A26,” “70-80-A27 85,” “70-80-A28,” “70-80-A29 1985,” “70-80-A30 THROUGH 70-80-A31,” “70-80-A32 1985,” “70-80-A33 THROUGH 70-80-A38,” “70-85-A39-2,” “70-80-A40 THROUGH 70-80-A42,” “70-85-A43-2,” “70-80-A44,” “70-85-A45-2 THROUGH 70-85-A47-2,” “70-80-A48 THROUGH 70-80-A63” AND “88-78-A01 THROUGH 88-78-A03,” STATION JLR 532 1965 AND NATIONAL GEODETIC STATION TECH 1961, FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERENCED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY THE NATIONAL GEODETIC SURVEY (N.G.S.) OR BY PAN AMERICAN WORLD AIRWAYS (P.A.A.).

COMMENCE AT P.R.M. 70-80-A01 THENCE S 68 DEG. 11 MIN. 38 SEC. W (ALL BEARINGS IN THIS DESCRIPTION ARE GRID) A DISTANCE OF 226.639 FEET TO THE POINT OF BEGINNING; THENCE N 09 DEG. 52 MIN. 38 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN BANK OF PORT CANAVERAL INLET; SAID POINT BEING THE NORTHERN TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR BREVARD COUNTY; THENCE S 09 DEG. 52 MIN. 38 SEC. W TO THE POINT OF BEGINNING.

Thence S 09 deg. 52 min. 38 sec. W a distance of 851.12 feet to a point; Thence S 17 deg. 41 min. 13 sec. W a distance of 710.00 feet to a point; Said point being S 85 deg. 05 min. 22 sec. W a distance of 390.100 feet from P.R.M. 70-80-A02.

Thence S 17 deg. 41 min. 13 sec. W a distance of 404.17 feet to a point; Thence S 20 deg. 04 min. 35 sec. W a distance of 971.53 feet to a point; Thence S 17 deg. 40 min. 56 sec. W a distance of 963.00 feet to a point; Thence S 15 deg. 02 min. 19 sec. W a distance of 970.74 feet to a point; Thence S 14 deg. 30 min. 01 sec. W a distance of 943.04 feet to a point; Said point being S 45 deg. 21 min. 31 sec. W a distance of 417.775 feet from P.R.M. 70-80-A03.

Thence S 13 deg. 23 min. 54 sec. W a distance of 590.00 feet to a point; Said point being S 45 deg. 19 min. 26 sec. E a distance of 270.166 feet from P.R.M. 70-80-A04.

Thence S 13 deg. 23 min. 54 sec. W a distance of 314.11 feet to a point; Thence S 12 deg. 47 min. 14 sec. W a distance of 962.37 feet to a point; Thence S 14 deg. 27 min. 59 sec. W a distance of 936.69 feet to a point; Said point being N 57 deg. 26 min. 20 sec. E a distance of 503.330 feet from P.R.M. 70-80-A05.

Thence S 13 deg. 06 min. 01 sec. W a distance of 994.89 feet to a point; Thence S 13 deg. 04 min. 04 sec. W a distance of 968.58 feet to a point; Thence S 11 deg. 46 min. 06 sec. W a distance of 980.61 feet to a point; Thence S 11 deg. 38 min. 04 sec. W a distance of 934.71 feet to a point; Said point being S 88 deg. 08 min. 47 sec. E a distance of 415.978 feet from P.R.M. 70-80-A06.

Thence S 10 deg. 14 min. 35 sec. W a distance of 995.36 feet to a point; Thence S 09 deg. 49 min. 11 sec. W a distance of 1014.37 feet to a point; Said point being N 84 deg. 08 min. 12 sec. E a distance of 464.461 feet from P.R.M. 70-80-A07.

Thence S 10 deg. 48 min. 04 sec. W a distance of 949.83 feet to a point; Thence S 09 deg. 25 min. 21 sec. W a distance of 565.00 feet to a point; Said point being N 77 deg. 21 min. 45 sec. E a distance of 183.344 feet from P.R.M. 70-80-A08.

Thence S 09 deg. 25 min. 21 sec. W a distance of 262.67 feet to a point; Thence S 10 deg. 01 min. 05 sec. W a distance of 991.62 feet to a point; Thence S 08 deg. 17 min. 32 sec. W a distance of 974.18 feet to a point; Thence S 08 deg. 29 min. 33 sec. W a distance of 1039.40 feet to a point; Thence S 05 deg. 53 min. 33 sec. W a distance of 650.00 feet to a point; Said point being S 76 deg. 53 min. 55 sec. E a distance of 204.343 feet from P.R.M. 70-80-A09.

Thence S 05 deg. 53 min. 33 sec. W a distance of 160.76 feet to a point; Thence S 05 deg. 44 min. 35 sec. W a distance of 790.00 feet to a point; Said point being S 80 deg. 15 min. 16 sec. E a distance of 893.544 feet from P.R.M. 70-80-A10.

Thence S 05 deg. 44 min. 35 sec. W a distance of 144.72 feet to a point; Thence S 07 deg. 02 min. 55 sec. W a distance of 1036.84 feet to a point; Thence S 06 deg. 27 min. 24 sec. W a distance of 978.20 feet to a point; Thence S 04 deg. 37 min. 02 sec. W a distance of 1024.82 feet to a point; Thence S 06 deg. 40 min. 02 sec. W a distance of 200.00 feet to a point; Said point being S 83 deg. 02 min. 01 sec. E a distance of 896.249 feet from P.R.M. 70-80-A11.

Thence S 06 deg. 40 min. 02 sec. W a distance of 772.90 feet to a point; Thence S 03 deg. 51 min. 42 sec. W a distance of 958.36 feet to a point; Thence S 04 deg. 33 min. 18 sec. W a distance of 969.56 feet to a point; Thence S 04 deg. 13 min. 15 sec. W a distance of 1,012.24 feet to a point; Thence S 02 deg. 18 min. 55 sec. W a distance of 977.80 feet to a point; Said point being S 73 deg. 18 min. 17 sec. E a distance of 836.626 feet from P.R.M. 70-80-A12.

Thence S 02 deg. 32 min. 27 sec. W a distance of 992.48 feet to a point; Thence S 02 deg. 34 min. 00 sec. W a distance of 971.47 feet to a point; Said point being N 43 deg. 20 min. 49 sec. E a distance of 113.998 feet from P.R.M. 70-80-A13.

Thence S 01 deg. 18 min. 56 sec. W a distance of 805.71 feet to a point; Thence S 01 deg. 22 min. 50 sec. W a distance of 924.54 feet to a point; Thence S 01 deg. 25 min. 18 sec. W a distance of 916.01 feet to a point; Said point being N 17 deg. 53 min. 49 sec. E a distance of 260.714 feet from P.R.M. 70-80-A14.

Thence S 00 deg. 05 min. 55 sec. E a distance of 870.50 feet to a point; Thence S 00 deg. 17 min. 34 sec. W a distance of 1,076.01 feet to a point; Thence S 01 deg. 32 min. 14 sec. E a distance of 987.86 feet to a point; Thence S 01 deg. 15 min. 07 sec. E a distance of 961.23 feet to a point; Said point being S 56 deg. 43 min. 02 sec. E a distance of 27.235 feet from P.R.M. 70-80-A15.

Thence S 01 deg. 53 min. 39 sec. E a distance of 953.02 feet to a point; Thence S 02 deg. 33 min. 11 sec. E a distance of 998.99 feet to a point; Thence S 01 deg. 38 min. 53 sec. E a distance of 990.91 feet to a point; Thence S 00 deg. 44 min. 55 sec. E a distance of 958.96 feet to a point; Said point being N 09 deg. 23 min. 37 sec. E a distance of 59.277 feet from P.R.M. 70-80-A16.

Thence S 03 deg. 09 min. 25 sec. E a distance of 989.12 feet to a point; Thence S 01 deg. 50 min. 44 sec. E a distance of 962.50 feet to a point; Said point being N 03 deg. 37 min. 56 sec. E a distance of 470.221 feet from P.R.M. 70-80-A17.

Thence S 05 deg. 39 min. 23 sec. E a distance of 999.37 feet to a point; Thence S 04 deg. 08 min. 15 sec. E a distance of 942.46 feet to a point; Thence S 03 deg. 49 min. 21 sec. E a distance of 1,033.41 feet to a point; Said point being S 04 deg. 27 min. 43 sec. E a distance of 239.514 feet from P.R.M. 70-80-A18.

Thence S 03 deg. 29 min. 59 sec. E a distance of 1,148.53 feet to a point; Thence S 06 deg. 49 min. 20 sec. E a distance of 715.57 feet to a point; Thence S 03 deg. 02 min. 39 sec. E a distance of 960.36 feet to a point; Thence S 03 deg. 47 min. 59 sec. E a distance of 814.79 feet to a point; Said point being S 79 deg. 47 min. 01 sec. E a distance of 93.513 feet from P.R.M. 70-85-A19-2.

Thence S 05 deg. 15 min. 07 sec. E a distance of 994.17 feet to a point; Thence S 06 deg. 15 min. 15 sec. E a distance of 954.68 feet to a point; Thence S 05 deg. 06 min. 06 sec. E a distance of 1,006.49 feet to a point; Thence S 05 deg. 09 min. 09 sec. E a distance of 845.58 feet to a point; Said point being N 85 deg. 41 min. 23 sec. W a distance of 129.448 feet from P.R.M. 70-80-A20.

Thence S 07 deg. 56 min. 46 sec. E a distance of 987.82 feet to a point; Thence S 07 deg. 41 min. 09 sec. E a distance of 975.77 feet to a point; Thence S 07 deg. 14 min. 15 sec. E a distance of 1012.06 feet to a point; Thence S 08 deg. 21 min. 27 sec. E a distance of 997.60 feet to a point; Said point being S 33 deg. 13 min. 15 sec. W a distance of 280.437 feet from P.R.M. 70-85-A21-2.

Thence S 08 deg. 17 min. 33 sec. E a distance of 998.44 feet to a point; Thence S 08 deg. 43 min. 10 sec. E a distance of 976.28 feet to a point; Thence S 08 deg. 57 min. 32 sec. E a distance of 982.49 feet to a point; Thence S 10 deg. 00 min. 02 sec. E a distance of 989.06 feet to a point; Said point being N 79 deg. 26 min. 22 sec. W a distance of 135.054 feet from P.R.M. 70-80-A22.

Thence S 07 deg. 29 min. 06 sec. E a distance of 995.95 feet to a point; Thence S 08 deg. 32 min. 20 sec. E a distance of 872.17 feet to a point; Thence S 07 deg. 47 min. 31 sec. E a distance of 958.85 feet to a point; Thence S 07 deg. 52 min. 54 sec. E a distance of 1,010.04 feet to a point; Said point being S 10 deg. 44 min. 39 sec. E a distance of 381.954 feet from P.R.M. 70-80-A23.

Thence S 06 deg. 21 min. 38 sec. E a distance of 934.25 feet to a point; Said point being N 48 deg. 38 min. 06 sec. W a distance of 117.489 feet from N.G.S. Station Tech 1961.

Thence S 06 deg. 27 min. 28 sec. E a distance of 995.82 feet to a point; Thence S 08 deg. 19 min. 27 sec. E a distance of 894.99 feet to a point; Said point being N 17 deg. 29 min. 59 sec. W a distance of 349.403 feet from P.R.M. 70-80-A24.

Thence S 08 deg. 33 min. 49 sec. E a distance of 1,020.31 feet to a point; Thence S 07 deg. 30 min. 57 sec. E a distance of 863.92 feet to a point; Thence S 07 deg. 26 min. 14 sec. E a distance of 1,012.02 feet to a point; Said point being N 07 deg. 29 min. 47 sec. W a distance of 315.433 feet from P.R.M. 70-80-A25.

Thence S 06 deg. 55 min. 12 sec. E a distance of 1,091.45 feet to a point; Thence S 07 deg. 26 min. 11 sec. E a distance of 764.93 feet to a point; Thence S 09 deg. 38 min. 46 sec. E a distance of 999.63 feet to a point; Thence S 07 deg. 44 min. 30 sec. E a distance of 1,002.14 feet to a point; Said point being N 17 deg. 54 min. 36 sec. W a distance of 141.813 feet from P.R.M. 70-80-A26.

Thence S 08 deg. 48 min. 12 sec. E a distance of 1,029.12 feet to a point; Thence S 10 deg. 12 min. 28 sec. E a distance of 871.80 feet to a point; Thence S 10 deg. 15 min. 09 sec. E a distance of 977.61 feet to a point; Thence S 10 deg. 38 min. 00 sec. E a distance of 974.44 feet to a point; Said point being S 11 deg. 46 min. 12 sec. E a distance of 147.486 feet from Station JLR 532 1965.

Thence S 11 deg. 40 min. 10 sec. E a distance of 994.27 feet to a point; Thence S 11 deg. 33 min. 18 sec. E a distance of 734.25 feet to a point; Said point being N 13 deg. 45 min. 06 sec. W a distance of 480.095 feet from P.R.M. 70-80-A27 1985.

Thence S 13 deg. 10 min. 28 sec. E a distance of 993.25 feet to a point; Thence S 13 deg. 26 min. 36 sec. E a distance of 871.54 feet to a point; Thence S 12 deg. 22 min. 14 sec. E a distance of 1,125.52 feet to a point; Thence S 12 deg. 23 min. 59 sec. E a distance of 897.54 feet to a point; Said point being S 56 deg. 18 min. 51 sec. E a distance of 77.321 feet from P.R.M. 70-80-A28.

Thence S 11 deg. 35 min. 39 sec. E a distance of 623.46 feet to a point; Thence S 11 deg. 44 min. 58 sec. E a distance of 889.98 feet to a point; Thence S 14 deg. 02 min. 20 sec. E a distance of 882.74 feet to a point; Thence S 13 deg. 37 min. 11 sec. E a distance of 1012.77 feet to a point; Said point being S 05 deg. 48 min. 06 sec. E a distance of 356.366 feet from P.R.M. 70-80-A29 1985.

Thence S 12 deg. 37 min. 53 sec. E a distance of 996.40 feet to a point; Thence S 13 deg. 52 min. 54 sec. E a distance of 779.94 feet to a point; Thence S 12 deg. 53 Min. 19 sec. E a distance of 938.96 feet to a point; Thence S 11 deg. 50 min. 23 sec. E a distance of 927.73 feet to a point; Said point being S 19 deg. 56 min. 17 sec. E a distance of 297.170 feet from P.R.M. 70-80-A30.

Thence S 11 deg. 57 min. 44 sec. E a distance of 999.44 feet to a point; Thence S 14 deg. 38 min.. 33 sec E a distance of 962.83 feet to a point; Thence S 12 deg. 57 min. 23 sec. E a distance of 994.47 feet to a point; Thence S 12 deg. 39 min. 15 sec. E a distance of 997.20 feet to a point; Thence S 13 deg. 16 min. 04 sec. E a distance of 977.58 feet to a point; Said point being N 09 deg. 17 min. 55 sec. E a distance of 135.306 feet from P.R.M. 70-80-A31.

Thence S 13 deg. 04 min. 03 sec. E a distance of 996.87 feet to a point; Thence S 12 deg. 54 min. 41 sec. E a distance of 901.80 feet to a point; Thence S 13 deg. 55 min. 02 sec. E a distance of 644.42 feet to a point; Said point being N 07 deg. 04 min. 58 sec. W a distance of 681.854 feet from P.R.M. 70-80-A32 1985.

Thence S 14 deg. 41 min. 41 sec. E a distance of 1,328.49 feet to a point; Thence S 13 deg. 46 min. 41 sec. E a distance of 990.58 feet to a point; Thence S 13 deg. 21 min. 59 sec. E a distance of 881.88 feet to a point; Said point being N 01 deg. 40 min. 21 sec. E a distance of 626.343 feet from P.R.M. 70-80-A33.

Thence S 13 deg. 49 min. 08 sec. E a distance of 933.12 feet to a point; Thence S 13 deg. 24 min. 58 sec. E a distance of 1,167.93 feet to a point; Thence S 15 deg. 13 min. 08 sec. E a distance of 829.87 feet to a point; Thence S 14 deg. 38 min. 28 sec. E a distance of 1,000.14 feet to a point; Said point being S 78 deg. 41 min. 16 sec. E a distance of 167.918 feet from P.R.M. 70-80-A34.

Thence S 15 deg. 27 min. 16 sec. E a distance of 877.37 feet to a point; Thence S 15 deg. 00 min. 40 sec. E a distance of 931.59 feet to a point; Thence S 14 deg. 58 min. 03 sec. E a distance of 1,144.22 feet to a point; Said point being S 29 deg. 58 min. 02 sec. E a distance of 544.335 feet from P.R.M. 70-80-A35.

Thence S 15 deg. 57 min. 03 sec. E a distance of 756.99 feet to a point; Thence S 15 deg. 24 min. 26 sec. E a distance of 910.12 feet to a point; Thence S 15 deg. 04 min. 08 sec. E a distance of 1,013.27 feet to a point; Thence S 17 deg. 15 min. 35 sec. E a distance of 938.39 feet to a point; Said point being S 31 deg. 18 min. 38 sec. E a distance of 278.086 feet from P.R.M. 70-80-A36.

Thence S 16 deg. 01 min. 10 sec. E a distance of 923.20 feet to a point; Thence S 15 deg. 54 min. 41 sec. E a distance of 1,096.62 feet to a point; Thence S 18 deg. 14 min. 21 sec. E a distance of 807.57 feet to a point; Said point being S 25 deg. 20 min. 50 sec. E a distance of 320.999 feet from P.R.M. 70-80-A37.

Thence S 17 deg. 48 min. 15 sec. E a distance of 937.05 feet to a point; Said point being N 11 deg. 17 min. 01 sec. E a distance of 246.093 feet from P.R.M. 70-80-A38.

Thence S 17 deg. 29 min. 23 sec. E a distance of 1,002.53 feet to a point; Thence S 17 deg. 53 min. 17 sec. E a distance of 986.66 feet to a point; Thence S 17 deg. 12 min. 49 sec. E a distance of 996.03 feet to a point; Thence S 18 deg. 03 min. 43 sec. E a distance of 877.70 feet to a point; Said point being S 23 deg. 38 min. 40 sec. E a distance of 559.596 feet from P.R.M. 70-85-A39-2.

Thence S 19 deg. 10 min. 34 sec. E a distance of 839.97 feet to a point; Thence S 20 deg. 17 min. 16 sec. E a distance of 1,073.52 feet to a point; Said point being N 29 deg. 15 min. 52 sec. W a distance of 242.731 feet from P.R.M. 70-80-A40.

Thence S 20 deg. 01 min. 21 sec. E a distance of 983.42 feet to a point; Thence S 20 deg. 32 min. 26 sec. E a distance of 896.39 feet to a point; Thence S 20 deg. 32 min. 58 sec. E a distance of 786.47 feet to a point; Thence S 21 deg. 32 min. 56 sec. E a distance of 795.00 feet to a point; Said point being N 89 deg. 50 min. 38 sec. E a distance of 1,109.014 feet from P.R.M. 70-80-A41.

Thence S 21 deg. 32 min. 56 sec. E a distance of 287.11 feet to a point; Said point being S 02 deg. 07 min. 22 sec. W a distance of 264.440 feet from P.R.M. 70-80-A42.

Thence S 21 deg. 38 min. 30 sec. E a distance of 1,028.30 feet to a point; Thence S 21 deg. 20 min. 11 sec. E a distance of 966.28 feet to a point; Thence S 21 deg. 03 min. 09 sec. E a distance of 300.00 feet to a point; Said point being S 20 deg. 48 min. 00 sec. W a distance of 78.937 feet from P.R.M. 70-85-A43-2.

Thence S 21 deg. 03 min. 09 sec. E a distance of 718.68 feet to a point; Thence S 21 deg. 00 min. 16 sec. E a distance of 730.70 feet to a point; Thence S 23 deg. 17 min. 37 sec. E a distance of 1,186.17 feet to a point; Thence S 21 deg. 15 min. 19 sec. E a distance of 1,113.32 feet to a point; Thence S 21 deg. 18 min. 58 sec. E a distance of 756.26 feet to a point; Said point being S 06 deg. 22 min. 38 Sec. E a distance of 307.824 feet from P.R.M. 70-80-A44.

Thence S 22 deg. 46 min. 47 sec. E a distance of 1,021.95 feet to a point; Thence S 21 deg. 49 min. 28 sec. E a distance of 777.66 feet to a point; Said point being N 45 deg. 08 min. 42 sec. W a distance of 219.464 feet from P.R.M. 70-85-A45-2.

Thence S 21 deg. 53 min. 23 sec. E a distance of 984.14 feet to a point; Thence S 23 deg. 26 min. 26 sec. E a distance of 954.52 feet to a point; Thence S 22 deg. 49 min. 44 sec. E a distance of 885.19 feet to a point; Thence S 23 deg. 12 min. 44 sec. E a distance of 693.41 feet to a point; Thence S 24 deg. 42 min. 36 sec. E a distance of 1,279.71 feet to a point; Said point being S 23 deg. 30 min. 21 sec. E a distance of 718.106 feet from P.R.M. 70-85-A46-2.

Thence S 23 deg. 24 min. 33 sec. E a distance of 969.81 feet to a point; Thence S 22 deg. 24 min. 52 sec. E a distance of 918.50 feet to a point; Said point being N 24 deg. 07 min. 42 sec. W a distance of 398.804 feet from P.R.M. 70-85-A47-2.

Thence S 23 deg. 34 min. 13 sec. E a distance of 1,048.76 feet to a point; Thence S 23 deg. 17 min. 04 sec. E a distance of 711.82 feet to a point; Thence S 22 deg. 56 min. 07 sec. E a distance of 1,347.92 feet to a point; Thence S 23 deg. 53 min. 34 sec. E a distance of 915.52 feet to a point; Thence S 22 deg. 46 min. 39 sec. E a distance of 772.59 feet to a point; Said point being S 30 deg. 04 min. 37 sec. E a distance of 256.876 feet from P.R.M. 70-80-A48.

Thence S 23 deg. 31 min. 37 sec. E a distance of 1,339.25 feet to a point; Thence S 23 deg. 07 min. 29 sec. E a distance of 509.11 feet to a point; Thence S 23 deg. 43 min. 47 sec. E a distance of 1,164.88 feet to a point; Thence S 23 deg. 32 min. 01 sec. E a distance of 785.57 feet to a point; Said point being S 64 deg. 30 min. 21 sec. W a distance of 17.518 feet from P.R.M. 70-80-A49.

Thence S 23 deg. 26 min. 54 sec. E a distance of 930.46 feet to a point; Thence S 25 deg. 42 min. 02 sec. E a distance of 1,132.13 feet to a point; Thence S 25 deg. 40 min. 47 sec. E a distance of 826.91 feet to a point; Said point being S 57 deg. 26 min. 36 sec. E a distance of 150.121 feet from P.R.M. 70-80-A50.

Thence S 25 deg. 53 min. 50 sec. E a distance of 663.65 feet to a point; Thence S 25 deg. 56 min. 55 sec. E a distance of 1,220.19 feet to a point; Thence S 25 deg. 42 min. 40 sec. E a distance of 784.42 feet to a point; Thence S 24 deg. 47 min. 07 sec. E a distance of 971.37 feet to a point; Said point being S 24 deg. 18 min. 54 sec. E a distance of 198.459 feet from P.R.M. 70-80-A51.

Thence S 24 deg. 04 min. 50 sec. E a distance of 1,222.67 feet to a point; Said point being N 23 deg. 47 min. 09 sec. W a distance of 363.571 feet from P.R.M. 70-80-A52.

Thence S 24 deg. 09 min. 39 sec. E a distance of 952.40 feet to a point; Thence S 23 deg. 51 min. 22 sec. E a distance of 1,153.84 feet to a point; Thence S 24 deg. 17 min. 58 sec. E a distance of 845.29 feet to a point; Thence S 25 deg. 16 min. 43 sec. E a distance of 1,012.82 feet to a point; Said point being S 29 deg. 06 min. 03 sec. E a distance of 55.516 feet from P.R.M. 70-80-A53.

Thence S 23 deg. 47 min. 26 sec. E a distance of 926.89 feet to a point; Thence S 23 deg. 58 min. 37 sec. E a distance of 1,001.90 feet to a point; Said point being N 25 deg. 59 min. 46 sec. W a distance of 536.928 feet from P.R.M. 70-80-A54.

Thence S 26 deg. 19 min. 15 sec. E a distance of 1,045.95 feet to a point; Thence S 25 deg. 51 min. 01 sec. E a distance of 953.21 feet to a point; Said point being N 83 deg. 46 min. 48 sec. E a distance of 164.811 feet from P.R.M. 70-80-A55.

Thence S 26 deg. 04 min. 28 sec. E a distance of 784.73 feet to a point; Thence S 25 deg. 59 min. 22 sec. E a distance of 1,135.31 feet to a point; Thence S 27 deg. 32 min. 05 sec. E a distance of 1,021.61 feet to a point; Said point being N 06 deg. 35 min. 45 sec. E a distance of 299.676 feet from P.R.M. 70-80-A56.

Thence S 28 deg. 03 min. 44 sec. E a distance of 827.11 feet to a point; Thence S 26 deg. 02 min. 32 sec. E a distance of 876.34 feet to a point; Thence S 25 deg. 51 min. 38 sec. E a distance of 1,110.79 feet to a point; Thence S 26 deg. 41 min. 30 sec. E a distance of 1,060.95 feet to a point; Said point being S 44 deg. 16 min. 11 sec. E a distance of 460.106 feet from P.R.M. 70-80-A57.

Thence S 25 deg. 23 min. 03 sec. E a distance of 903.58 feet to a point; Thence S 26 deg. 21 min. 35 sec. E a distance of 927.25 feet to a point; Thence S 24 deg. 40 min. 56 sec. E a distance of 1,058.75 feet to a point; Said point being S 24 deg. 11 min. 30 sec. E a distance of 320.185 feet from P.R.M. 70-80-A58.

Thence S 26 deg. 20 min. 31 sec. E a distance of 992.92 feet to a point; Thence S 26 deg. 15 min. 09 sec. E a distance of 1,019.34 feet to a point; Thence S 28 deg. 17 min. 23 sec. E a distance of 685.96 feet to a point; Thence S 26 deg. 15 min. 40 sec. E a distance of 958.92 feet to a point; Thence S 25 deg. 56 min. 31 sec. E a distance of 997.42 feet to a point; Said point being S 18 deg. 38 min. 09 sec. E a distance of 372.602 feet from P.R.M. 70-80-A59.

Thence S 27 deg. 37 min. 50 sec. E a distance of 1,012.63 feet to a point; Thence S 26 deg. 13 min. 46 sec. E a distance of 943.07 feet to a point; Thence S 27 deg. 26 min. 45 sec. E a distance of 996.69 feet to a point; Said point being N 79 deg. 22 min. 33 sec. W a distance of 56.117 feet from P.R.M. 70-80-A60.

Thence S 27 deg. 26 min. 09 sec. E a distance of 1,037.43 feet to a point; Thence S 27 deg. 32 min. 32 sec. E a distance of 984.68 feet to a point; Thence S 27 deg. 19 min. 02 sec. E a distance of 999.49 feet to a point; Thence S 26 deg. 41 min. 50 sec. E a distance of 993.45 feet to a point; Thence S 28 deg. 07 min. 36 sec. E a distance of 1,041.57 feet to a point; Said point being S 19 deg. 43 min. 39 sec. E a distance of 326.468 feet from P.R.M. 70-80-A61.

Thence S 28 deg. 27 min. 32 sec. E a distance of 1,004.65 feet to a point; Thence S 27 deg. 07 min. 06 sec. E a distance of 909.26 feet to a point; Thence S 28 deg. 01 min. 47 sec. E a distance of 1,102.29 feet to a point; Thence S 28 deg. 16 min. 39 sec. E a distance of 830.57 feet to a point; Said point being N 55 deg. 55 min. 39 sec. E a distance of 95.603 feet from P.R.M. 70-80-A62.

Thence S 28 deg. 30 min. 55 sec. E a distance of 983.53 feet to a point; Thence S 28 deg. 26 min. 19 sec. E a distance of 1,133.09 feet to a point; Thence S 29 deg. 37 min. 59 sec. E a distance of 748.46 feet to a point; Thence S 28 deg. 05 min. 09 sec. E a distance of 1,028.42 feet to a point; Said point being S 50 deg. 16 min. 09 sec. E a distance of 377.455 feet from P.R.M. 70-80-A63.

Thence S 27 deg. 53 min. 42 sec. E a distance of 999.80 feet to a point; Thence S 27 deg. 02 min. 53 sec. E a distance of 996.40 feet to a point; Thence S 26 deg. 19 min. 40 sec. E a distance of 974.27 feet to a point; Said point being N 21 deg. 04 min. 48 sec. W a distance of 256.790 feet from P.R.M. 88-78-A01.

Thence S 26 deg. 14 in. 09 sec. E a distance of 962.23 feet to a point; Thence S 27 deg. 19 min. 50 sec. E a distance of 1,114.40 feet to a point; Thence S 24 deg. 50 min. 43 sec. E a distance of 1,015.60 feet to a point; Thence S 27 deg. 32 min. 14 sec. E a distance of 615.47 feet to a point; Thence S 26 deg. 18 min. 09 sec. E a distance of 609.79 feet to a point; Said point being N 01 deg. 41 min. 45 sec. W a distance of 92.716 feet from P.R.M. 88-78-A02.

Thence S 27 deg. 14 min. 39 sec. E a distance of 997.14 feet to a point; Thence S 24 deg. 39 min. 41 sec. E a distance of 982.71 feet to a point; Thence S 26 deg. 52 min. 47 sec. E a distance of 1,001.88 feet to a point; Thence S 25 deg. 41 min. 57 sec. E a distance of 998.45 feet to a point; Thence S 24 deg. 04 min. 04 sec. E a distance of 1,074.35 feet to a point; Thence S 25 deg. 50 min. 11 sec. E a distance of 921.47 feet to a point; Said point being S 43 deg. 51 min. 40 sec. E a distance of 549.953 feet from P.R.M. 88-78-A03.

Thence S 25 deg. 50 min. 11 sec. E to the point of intersection with the mean high water line on the northern bank of Sebastian Inlet; Said point being the southerly terminus of the coastal construction control line for Brevard County; Thence N 25 deg. 50 min. 11 sec. W to the aforementioned point; Said point being S 43 deg. 51 min. 40 sec. E a distance of 549.953 feet from P.R.M. 88-78-A03.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 12-4-86, Formerly 16B-26.017, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.018 Description of the Indian River County Coastal Construction Control Line

(1) There is hereby established, pursuant to section 161.053, F.S., the Indian River County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Indian River County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE INDIAN RIVER COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S. SAID CONTROL LINE LYING ALONG THE ATLANTIC COAST FROM THE MEAN HIGH WATER LINE OF THE SOUTHERN BANK OF SEBASTIAN INLET SOUTH TO THE INDIAN RIVER AND ST. LUCIE COUNTY LINE.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “88-78-A01 THROUGH 88-78-A38,” “94-77-A40 AND 94-77-A39” FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY THE NATIONAL GEODETIC SURVEY (N.G.S.), SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE EAST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM.

COMMENCE AT P.R.M. 88-78-A04, THENCE N 83 DEG. 16 MIN. 59 SEC. W (ALL BEARINGS IN THIS DESCRIPTION ARE GRID BEARINGS) A DISTANCE OF 29.09 FEET TO THE POINT OF BEGINNING; THENCE N 26 DEG. 57 MIN. 52 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTHERN BANK OF SEBASTIAN INLET; SAID POINT BEING THE NORTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR INDIAN RIVER COUNTY. THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING;

THENCE S 26 DEG. 57 MIN. 52 SEC. E A DISTANCE OF 987.32 FEET TO A POINT; THENCE S 26 DEG. 35 MIN. 28 SEC. E A DISTANCE OF 972.99 FEET TO A POINT; THENCE S 26 DEG. 13 MIN. 21 SEC. E A DISTANCE OF 992.12 FEET TO A POINT; THENCE S 26 DEG. 12 MIN. 21 SEC. E A DISTANCE OF 965.62 FEET TO A POINT; THENCE S 26 DEG. 17 MIN. 51 SEC. E A DISTANCE OF 1,044.31 FEET TO A POINT; SAID POINT BEING N 01 DEG. 43 MIN. 14 SEC. W A DISTANCE OF 321.91 FEET FROM P.R.M. 88-78-A05.

THENCE S 26 DEG. 07 MIN. 21 SEC. E A DISTANCE OF 941.60 FEET TO A POINT; THENCE S 26 DEG. 35 MIN. 45 SEC. E A DISTANCE OF 1,088.45 FEET TO A POINT; THENCE S 25 DEG. 32 MIN. 28 SEC. E A DISTANCE OF 250.00 FEET TO A POINT; THENCE S 28 DEG. 33 MIN. 15 SEC. W A DISTANCE OF 110.54 FEET TO A POINT; THENCE S 25 DEG. 32 MIN. 13 SEC. E A DISTANCE OF 600.00 FEET TO A POINT; THENCE S 25 DEG. 32 MIN. 12 SEC. E A DISTANCE OF 1,080.15 FEET TO A POINT; THENCE S 25 DEG. 32 MIN. 13 SEC. E A DISTANCE OF 120.00 FEET TO A POINT; THENCE S 66 DEG. 59 MIN. 19 SEC. E A DISTANCE OF 145.64 FEET TO A POINT; THENCE S 26 DEG. 01 MIN. 11 SEC. E A DISTANCE OF 867.92 FEET TO A POINT; SAID POINT BEING S 76 DEG. 45 MIN. 35 SEC. E A DISTANCE OF 174.21 FEET FROM P.R.M. 88-78-A06.

THENCE S 26 DEG. 04 MIN. 41 SEC. E A DISTANCE OF 807.23 FEET TO A POINT; THENCE S 25 DEG. 25 MIN. 55 SEC. E A DISTANCE OF 1,006.60 FEET TO A POINT; THENCE S 25 DEG. 21 MIN. 11 SEC. E A DISTANCE OF 981.43 FEET TO A POINT; THENCE S 22 DEG. 48 MIN. 22 SEC. E A DISTANCE OF 972.81 FEET TO A POINT; SAID POINT BEING N 15 DEG. 13 MIN. 20 SEC. W A DISTANCE OF 216.32 FEET FROM P.R.M. 88-78-A07.

THENCE S 22 DEG. 52 MIN. 02 SEC. E A DISTANCE OF 949.23 FEET TO A POINT; THENCE S 24 DEG. 09 MIN. 14 SEC. E A DISTANCE OF 1016.21 FEET TO A POINT; THENCE S 25 DEG. 41 MIN. 35 SEC. E A DISTANCE OF 989.66 FEET TO A POINT; THENCE S 25 DEG. 31 MIN. 10 SEC. E A DISTANCE OF 1032.66 FEET TO A POINT; SAID POINT BEING N 42 DEG. 27 MIN. 22 SEC. E A DISTANCE OF 560.80 FEET FROM P.R.M. 88-78-A08.

THENCE S 23 DEG. 06 MIN. 25 SEC. E A DISTANCE OF 954.55 FEET TO A POINT; THENCE S 22 DEG. 53 MIN. 47 SEC. E A DISTANCE OF 989.16 FEET TO A POINT; THENCE S 25 DEG. 38 MIN. 02 SEC. E A DISTANCE OF 1,018.88 FEET TO A POINT; THENCE S 25 DEG. 54 MIN. 53 SEC. E A DISTANCE OF 1029.73 FEET TO A POINT; THENCE S 25 DEG. 28 MIN. 28 SEC. E A DISTANCE OF 995.18 FEET TO A POINT; THENCE S 26 DEG. 11 MIN. 33 SEC. E A DISTANCE OF 1,120.60 FEET TO A POINT; SAID POINT BEING S 55 DEG. 30 MIN. 52 SEC. E A DISTANCE OF 624.87 FEET FROM P.R.M. 88-78-A09.

THENCE S 26 DEG. 08 MIN. 48 SEC. E A DISTANCE OF 965.14 FEET TO A POINT; THENCE S 28 DEG. 46 MIN. 08 SEC. E A DISTANCE OF 756.79 FEET TO A POINT; THENCE S 28 DEG. 56 MIN. 54 SEC. E A DISTANCE OF 1,046.64 FEET TO A POINT; THENCE S 28 DEG. 47 MIN. 54 SEC. E A DISTANCE OF 957.96 FEET TO A POINT; THENCE S 27 DEG. 12 MIN. 51 SEC. E A DISTANCE OF 1,019.53 FEET TO A POINT; SAID POINT BEING N 17 DEG. 03 MIN. 31 SEC. E A DISTANCE OF 536.03 FEET FROM P.R.M. 88-78-A10.

THENCE S 27 DEG. 07 MIN. 04 SEC. E A DISTANCE OF 939.55 FEET TO A POINT; THENCE S 26 DEG. 06 MIN. 48 SEC. E A DISTANCE OF 958.50 FEET TO A POINT; THENCE S 24 DEG. 26 MIN. 39 SEC. E A DISTANCE OF 989.65 FEET TO A POINT; THENCE S 24 DEG. 35 MIN. 09 SEC. E A DISTANCE OF 961.39 FEET TO A POINT; THENCE S 24 DEG. 19 MIN. 30 SEC. E A DISTANCE OF 1,054.89 FEET TO A POINT; SAID POINT BEING S 66 DEG. 16 MIN. 24 SEC. E A DISTANCE OF 643.38 FEET FROM P.R.M. 88-78-A11.

THENCE S 23 DEG. 36 MIN. 06 SEC. E A DISTANCE OF 862.35 FEET TO A POINT; THENCE S 23 DEG. 48 MIN. 15 SEC. E A DISTANCE OF 980.92 FEET TO A POINT; THENCE S 24 DEG. 14 MIN. 00 SEC. E A DISTANCE OF 972.92 FEET TO A POINT; SAID POINT BEING N 52 DEG. 27 MIN. 34 SEC. E A DISTANCE OF 423.48 FEET FROM P.R.M. 88-78-A12.

THENCE S 23 DEG. 10 MIN. 11 SEC. E A DISTANCE OF 959.31 FEET TO A POINT; THENCE S 24 DEG. 48 MIN. 28 SEC. E A DISTANCE OF 1,025.24 FEET TO A POINT; SAID POINT BEING N 07 DEG. 01 MIN. 15 SEC. E A DISTANCE OF 755.96 FEET FROM P.R.M. 88-86-A13-2.

THENCE S 24 DEG. 31 MIN. 00 SEC. E A DISTANCE OF 1,061.86 FEET TO A POINT; THENCE S 32 DEG. 34 MIN. 53 SEC. E A DISTANCE OF 1,002.72 FEET TO A POINT; THENCE S 27 DEG. 59 MIN. 25 SEC. E A DISTANCE OF 1,359.91 FEET TO A POINT; SAID POINT BEING N 12 DEG. 22 MIN. 12 SEC. E A DISTANCE OF 449.50 FEET FROM P.R.M. 88-86-A14-2.

THENCE S 28 DEG. 50 MIN. 42 SEC. E A DISTANCE OF 688.95 FEET TO A POINT; THENCE S 26 DEG. 40 MIN. 47 SEC. E A DISTANCE OF 1,012.58 FEET TO A POINT; THENCE S 23 DEG. 16 MIN. 08 SEC. E A DISTANCE OF 928.68 FEET TO A POINT; THENCE S 22 DEG. 07 MIN. 57 SEC. E A DISTANCE OF 972.50 FEET TO A POINT; THENCE S 26 DEG. 11 MIN. 40 SEC. E A DISTANCE OF 982.36 FEET TO A POINT; THENCE S 24 DEG. 32 MIN. 31 SEC. E A DISTANCE OF 995.81 FEET TO A POINT; SAID POINT BEING N 76 DEG. 54 MIN. 42 SEC. E A DISTANCE OF 265.38 FEET FROM P.R.M. 88-78-A15.

THENCE S 20 DEG. 16 MIN. 31 SEC. E A DISTANCE OF 1,033.97 FEET TO A POINT; THENCE S 20 DEG. 26 MIN. 25 SEC. E A DISTANCE OF 1,020.14 FEET TO A POINT; THENCE S 17 DEG. 32 MIN. 09 SEC. E A DISTANCE OF 985.20 FEET TO A POINT; THENCE S 17 DEG. 49 MIN. 23 SEC. E A DISTANCE OF 1,026.18 FEET TO A POINT; SAID POINT BEING N 47 DEG. 55 MIN. 25 SEC. E A DISTANCE OF 499.72 FEET FROM P.R.M. 88-78-A16.

THENCE S 12 DEG. 33 MIN. 25 SEC. E A DISTANCE OF 1,018.62 FEET TO A POINT; THENCE S 09 DEG 42 MIN. 00 SEC. E A DISTANCE OF 979.23 FEET TO A POINT; THENCE S 13 DEG. 37 MIN. 54 SEC. E A DISTANCE OF 998.34 FEET TO A POINT; THENCE S 16 DEG. 56 MIN. 30 SEC. E A DISTANCE OF 929.26 FEET TO A POINT; THENCE S 17 DEG. 03 MIN. 17 SEC. E A DISTANCE OF 983.83 FEET TO A POINT; SAID POINT BEING S 31 DEG. 08 MIN. 09 SEC. E A DISTANCE OF 644.07 FEET FROM P.R.M. 88-78-A17.

THENCE S 16 DEG. 50 MIN. 00 SEC. E A DISTANCE OF 990.46 FEET TO A POINT; THENCE S 18 DEG. 55 MIN. 11 SEC. E A DISTANCE OF 1,153.27 FEET TO A POINT; THENCE S 19 DEG. 56 MIN. 57 SEC. E A DISTANCE OF 969.67 FEET TO A POINT; THENCE S 16 DEG. 11 MIN. 30 SEC. E A DISTANCE OF 998.89 FEET TO A POINT; SAID POINT BEING S 59 DEG. 50 MIN. 28 SEC. E A DISTANCE OF 632.80 FEET FROM P.R.M. 88-78-A18-2.

THENCE S 15 DEG. 58 MIN. 37 SEC. E A DISTANCE OF 991.76 FEET TO A POINT; THENCE S 17 DEG. 10 MIN. 49 SEC. E A DISTANCE OF 1,450.085 FEET TO A POINT; SAID POINT BEING S 88 DEG. 29 MIN. 04 SEC. E A DISTANCE OF 1026.62 FEET FROM P.R.M. 88-78-A19-2.

THENCE S 20 DEG. 15 MIN. 45 SEC. E A DISTANCE OF 572.38 FEET TO A POINT; THENCE S 18 DEG. 16 MIN. 06 SEC. E A DISTANCE OF 1,026.02 FEET TO A POINT; THENCE S 18 DEG. 26 MIN. 23 SEC. E A DISTANCE OF 937.31 FEET TO A POINT; THENCE S 17 DEG. 58 MIN. 57 SEC. E A DISTANCE OF 965.48 FEET TO A POINT; THENCE S 17 DEG. 59 MIN. 43 SEC. E A DISTANCE OF 1,137.94 FEET TO A POINT; SAID POINT BEING IN 52 DEG. 32 MIN. 02 SEC. E A DISTANCE OF 720.24 FEET FROM P.R.M. 88-78-A20-2.

THENCE S 18 DEG. 17 MIN. 19 SEC. E A DISTANCE OF 1034.40 FEET TO A POINT; THENCE S 15 DEG. 42 MIN. 52 SEC. E A DISTANCE OF 1,092.53 FEET TO A POINT; THENCE S 13 DEG. 45 MIN. 03 SEC. E A DISTANCE OF 1,022.34 FEET TO A POINT; THENCE S 16 DEG. 08 MIN. 14 SEC. E A DISTANCE OF 946.18 FEET TO A POINT; SAID POINT BEING S 71 DEG. 49 MIN. 39 SEC. E A DISTANCE OF 724.40 FEET FROM P.R.M. 88-78-A21-2.

THENCE S 16 DEG. 09 MIN. 56 SEC. E A DISTANCE OF 1,031.83 FEET TO A POINT; SAID POINT BEING N 12 DEG. 07 MIN. 12 SEC. E A DISTANCE OF 264.51 FEET FROM P.R.M. 88-78-A22.

THENCE S 16 DEG. 23 MIN. 50 SEC. E A DISTANCE OF 1,149.68 FEET TO A POINT; SAID POINT BEING N 01 DEG. 50 MIN. 59 SEC. E A DISTANCE OF 496.40 FEET FROM P.R.M. 88-78-A22A.

THENCE S 17 DEG. 20 MIN. 32 SEC. E A DISTANCE OF 911.57 FEET TO A POINT; THENCE S 17 DEG. 27 MIN. 09 SEC. E A DISTANCE OF 969.87 FEET TO A POINT; SAID POINT BEING N 86 DEG. 32 MIN. 32 SEC. E A DISTANCE OF 173.81 FEET FROM P.R.M. 88-78-A23.

THENCE S 10 DEG. 21 MIN. 07 SEC. E A DISTANCE OF 1,031.15 FEET TO A POINT; SAID POINT BEING S 84 DEG. 24 MIN. 13 SEC. E A DISTANCE OF 913.49 FEET FROM P.R.M. 88-86-A24-2.

THENCE S 12 DEG. 01 MIN. 14 SEC. E A DISTANCE OF 934.61 FEET TO A POINT; THENCE S 17 DEG. 18 MIN. 16 SEC. E A DISTANCE OF 1,183.09 FEET TO A POINT; SAID POINT BEING N 70 DEG. 52 MIN. 08 SEC. E A DISTANCE OF 1,000.14 FEET FROM P.R.M. 88-78-A25.

THENCE S 17 DEG. 38 MIN. 56 SEC. E A DISTANCE OF 892.68 FEET TO A POINT; THENCE S 13 DEG. 06 MIN. 47 SEC. E A DISTANCE OF 988.16 FEET TO A POINT; THENCE S 16 DEG. 39 MIN. 28 SEC. E A DISTANCE OF 939.34 FEET TO A POINT; THENCE S 15 DEG. 08 MIN. 55 SEC. E A DISTANCE OF 1,136.95 FEET TO A POINT; THENCE S 15 DEG. 19 MIN. 10 SEC. E A DISTANCE OF 812.96 FEET TO A POINT; SAID POINT BEING N 87 DEG. 25 MIN. 02 SEC. E A DISTANCE OF 2,274.15 FEET FROM P.R.M. 88-86-A26-2.

THENCE S 15 DEG. 10 MIN. 52 SEC. E A DISTANCE OF 1,143.66 FEET TO A POINT; SAID POINT BEING N 82 DEG. 11 MIN. 17 SEC. E A DISTANCE OF 2,376.58 FEET FROM P.R.M. 88-78-A27.

THENCE S 10 DEG. 35 MIN. 37 SEC. E A DISTANCE OF 825.79 FEET TO A POINT; THENCE S 01 DEG. 43 MIN. 57 SEC. W A DISTANCE OF 1,074.00 FEET TO A POINT; THENCE S 03 DEG. 24 MIN. 09 SEC. E A DISTANCE OF 799.85 FEET TO A POINT; THENCE S 06 DEG. 44 MIN. 25 SEC. E A DISTANCE OF 876.86 FEET TO A POINT; SAID POINT BEING N 77 DEG. 44 MIN. 17 SEC. E A DISTANCE OF 1,559.34 FEET FROM P.R.M. 88-86-A28-2.

THENCE S 13 DEG. 41 MIN. 53 SEC. E A DISTANCE OF 979.16 FEET TO A POINT; THENCE S 16 DEG. 26 MIN. 14 SEC. E A DISTANCE OF 1,077.40 FEET TO A POINT; THENCE S 20 DEG. 00 MIN. 30 SEC. E A DISTANCE OF 973.61 FEET TO A POINT; THENCE S 22 DEG. 23 MIN. 50 SEC. E A DISTANCE OF 1,032.39 FEET TO A POINT; SAID POINT BEING N 78 DEG. 08 MIN. 10 SEC. E A DISTANCE OF 1,064.18 FEET FROM P.R.M. 88-86-A29-2.

THENCE S 24 DEG. 35 MIN. 58 SEC. E A DISTANCE OF 974.21 FEET TO A POINT; THENCE S 28 DEG. 13 MIN. 17 SEC. E A DISTANCE OF 961.67 FEET TO A POINT; SAID POINT BEING N 57 DEG. 06 MIN. 32 SEC. E A DISTANCE OF 1,004.72 FEET FROM P.R.M. 88-78-A30.

THENCE S 31 DEG. 43 MIN. 33 SEC. E A DISTANCE OF 1014.04 FEET TO A POINT; THENCE S 37 DEG. 05 MIN. 30 SEC. E A DISTANCE OF 886.43 FEET TO A POINT; SAID POINT BEING N 53 DEG. 01 MIN. 43 SEC. E A DISTANCE OF 1,537.78 FEET FROM P.R.M. 88-78-A31.

THENCE S 35 DEG. 14 MIN. 53 SEC. E A DISTANCE OF 1,064.79 FEET TO A POINT; SAID POINT BEING N 38 DEG. 56 MIN. 31 SEC. E A DISTANCE OF 1,506.10 FEET FROM P.R.M. 88-78-A32.

THENCE S 35 DEG. 34 MIN. 40 SEC. E A DISTANCE OF 1,123.78 FEET TO A POINT; THENCE S 35 DEG. 26 MIN. 22 SEC. E A DISTANCE OF 908.14 FEET TO A POINT; THENCE S 30 DEG. 44 MIN. 25 SEC. E A DISTANCE OF 1,006.60 FEET TO A POINT; SAID POINT BEING N 71 DEG. 39 MIN. 52 SEC. E A DISTANCE OF 1,018.59 FEET FROM P.R.M. 88-86-A33-2.

THENCE S 28 DEG. 01 MIN. 02 SEC. E A DISTANCE OF 888.72 FEET TO A POINT; SAID POINT BEING N 44 DEG. 02 MIN. 09 SEC. E A DISTANCE OF 995.23 FEET FROM P.R.M. 88-86-A34-2.

THENCE S 23 DEG. 30 MIN. 49 SEC. E A DISTANCE OF 1,113.25 FEET TO A POINT; THENCE S 16 DEG. 45 MIN. 38 SEC. E A DISTANCE OF 917.79 FEET TO A POINT; THENCE S 12 DEG. 35 MIN. 10 SEC. E A DISTANCE OF 1,218.68 FEET TO A POINT; THENCE S 10 DEG. 56 MIN. 22 SEC. E A DISTANCE OF 759.50 FEET TO A POINT; SAID POINT BEING S 75 DEG. 29 MIN. 13 SEC. E A DISTANCE OF 929.63 FEET FROM P.R.M. 88-78-A35.

THENCE S 10 DEG. 52 MIN. 56 SEC. E A DISTANCE OF 835.32 FEET TO A POINT; THENCE S 10 DEG. 41 MIN. 15 SEC. E A DISTANCE OF 943.75 FEET TO A POINT; SAID POINT BEING S 75 DEG. 49 MIN. 25 SEC. E A DISTANCE OF 1,008.15 FEET FROM P.R.M. 88-78-A36.

THENCE S 10 DEG. 38 MIN. 41 SEC. E A DISTANCE OF 886.30 FEET TO A POINT; SAID POINT BEING N 85 DEG. 07 MIN. 00 SEC. E A DISTANCE OF 743.08 FEET FROM P.R.M. 88-78-A37.

THENCE S 11 DEG. 06 MIN. 52 SEC. E A DISTANCE OF 1,100.48 FEET TO A POINT; THENCE S 10 DEG. 03 MIN. 04 SEC. E A DISTANCE OF 967.21 FEET TO A POINT; SAID POINT BEING S 79 DEG. 25 MIN. 31 SEC. E A DISTANCE OF 740.66 FEET FROM P.R.M. 88-78-A38.

THENCE S 10 DEG. 12 MIN. 49 SEC. E A DISTANCE OF 1,169.71 FEET TO A POINT; SAID POINT BEING S 74 DEG. 03 MIN. 06 SEC. E A DISTANCE OF 652.47 FEET FROM RIOMAR 2.

THENCE S 10 DEG. 42 MIN. 47 SEC. E A DISTANCE OF 698.49 FEET TO A POINT; THENCE S 11 DEG. 01 MIN. 08 SEC. E A DISTANCE OF 1,324.47 FEET TO A POINT; SAID POINT BEING N 38 DEG. 35 MIN. 32 SEC. E A DISTANCE OF 600.97 FEET FROM P.R.M. 94-77-A40.

THENCE S 14 DEG. 52 MIN. 11 SEC. E A DISTANCE OF 899.07 FEET TO A POINT; THENCE S 14 DEG. 06 MIN. 06 SEC. E A DISTANCE OF 918.29 FEET TO A POINT; THENCE S 15 DEG. 35 MIN. 19 SEC. E A DISTANCE OF 1,138.11 FEET TO A POINT; THENCE S 15 DEG. 20 MIN. 20 SEC. E A DISTANCE OF 934.47 FEET TO A POINT; SAID POINT BEING S 30 DEG. 58 MIN. 56 SEC. E A DISTANCE OF 920.08 FEET FROM P.R.M. 94-77-A39.

THENCE S 15 DEG. 20 MIN. 20 SEC. E TO THE POINT OF INTERSECTION WITH THE INDIAN RIVER AND ST. LUCIE COUNTY LINE, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR INDIAN RIVER COUNTY.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 3-5-87, Formerly 16B-26.018, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.019 Description of the St. Johns County Coastal Construction Control Line

(1) There is hereby established, pursuant to section 161.053, F.S., the St. Johns County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for St. Johns County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE ST. JOHNS COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S. SAID CONTROL LINE LYING ALONG THE COAST OF THE ATLANTIC OCEAN FROM THE ST. JOHNS-DUVAL COUNTY LINE SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF ST. AUGUSTINE INLET. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF ST. AUGUSTINE INLET, CONTINUING SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF MATANZAS INLET. RECOMMENCING AT THE SOUTH MEAN HIGH WATER

LINE OF MATANZAS INLET CONTINUING SOUTHERLY TO ITS TERMINUS AT THE ST. JOHNS-FLAGLER COUNTY LINE.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “78-79-A01 THROUGH 78-79-A11,” “78-86-A12-2,” “78-79-A13 THROUGH 78-79-A42,” “78-86-A43-2 THROUGH 78-86-A45-2,” “78-79-A45A,” “78-79-A46,” “78-79-A47 1980,” “78-79-A48,” “78-86-A49-2,” “78-79-A50 THROUGH 78-79-A56,” “78-79-A57 1986,” “78-79-A58 THROUGH 78-79-A60,” “78-79-A61 1986,” “73-77-A32,” “73-86-A31-2,” AND “73-77-A30.” FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.), SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE EAST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON NORTH AMERICAN 1927 DATUM.

THE BEARING BASE FOR THIS DESCRIPTION WAS DETERMINED BY POLARIS OBSERVATIONS MADE AT PERMANENT REFERENCE MONUMENTS (P.R.M.) 78-79-A01, 78-79-A24, 78-79-A51, 73-77-A31 AND NATIONAL GEODETIC SURVEY (N.G.S.) STATION VILANO 1962.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE FOR ST. JOHNS COUNTY, FLORIDA

COMMENCE AT P.R.M. 78-79-A09, THENCE N 44 DEG. 13 MIN. 44 SEC. E A DISTANCE OF 192.02 FEET TO THE POINT OF BEGINNING; THENCE N 12 DEG. 44 MIN. 03 SEC. W TO THE POINT OF INTERSECTION WITH ST. JOHNS-DUVAL COUNTY LINE, SAID POINT BEING THE NORTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR ST. JOHNS COUNTY; THENCE RETURNING ALONG THE SAME COURSE TO THE POINT OF BEGINNING.

THENCE S 12 DEG. 39 MIN. 07 SEC. E A DISTANCE OF 1,026.23 FEET TO A POINT, THENCE S 12 DEG. 34 MIN. 44 SEC. E A DISTANCE OF 1,000.53 FEET TO A POINT, THENCE S 11 DEG. 45 MIN. 08 SEC. E A DISTANCE OF 973.58 FEET TO A POINT, SAID POINT BEING N 16 DEG. 56 MIN. 47 SEC. E A DISTANCE OF 238.35 FEET FROM P.R.M. 78-79-A10.

THENCE S 11 DEG. 26 MIN. 37 SEC. E A DISTANCE OF 1,023.13 FEET TO A POINT, THENCE S 13 DEG. 20 MIN. 31 SEC. E A DISTANCE OF 1,009.31 FEET TO A POINT, THENCE S 13 DEG. 25 MIN. 35 SEC. E A DISTANCE OF 1,020.78 FEET TO A POINT, THENCE S 13 DEG. 23 MIN. 37 SEC. E A DISTANCE OF 1,011.39 FEET TO A POINT, THENCE S 13 DEG. 28 MIN. 54 SEC. E A DISTANCE OF 1,029.18 FEET TO A POINT, THENCE S 13 DEG. 11 MIN. 57 SEC. E A DISTANCE OF 1,077.84 FEET TO A POINT, SAID POINT BEING S 19 DEG. 13 MIN. 53 SEC. E A DISTANCE OF 479.02 FEET FROM P.R.M. 78-79-A11.

THENCE S 12 DEG. 52 MIN. 14 SEC. E A DISTANCE OF 1,044.06 FEET TO A POINT, THENCE S 13 DEG. 01 MIN. 47 SEC. E A DISTANCE OF 1,096.28 FEET TO A POINT, THENCE S 14 DEG. 03 MIN. 41 SEC. E A DISTANCE OF 1,073.26 FEET TO A POINT, THENCE S 14 DEG. 17 MIN. 05 SEC. E A DISTANCE OF 1,116.48 FEET TO A POINT, THENCE S 14 DEG. 44 MIN. 03 SEC. E A DISTANCE OF 1,085.61 FEET TO A POINT, SAID POINT BEING S 81 DEG. 35 MIN. 34 SEC. E A DISTANCE OF 115.94 FEET FROM P.R.M. 78-86-A12-2.

THENCE S 14 DEG. 27 MIN. 23 SEC. E A DISTANCE OF 1,128.04 FEET TO A POINT, THENCE S 14 DEG. 22 MIN. 48 SEC. E A DISTANCE OF 952.09 FEET TO A POINT, THENCE S 14 DEG. 40 MIN. 38 SEC. E A DISTANCE OF 1,024.79 FEET TO A POINT, THENCE S 13 DEG. 59 MIN. 06 SEC. E A DISTANCE OF 1,029.73 FEET TO A POINT, THENCE S 13 DEG. 20 MIN. 41 SEC. E A DISTANCE OF 1,018.14 FEET TO A POINT, SAID POINT BEING N 30 DEG. 21 MIN. 12 SEC. E A DISTANCE OF 207.89 FEET FROM P.R.M. 78-79-A13.

THENCE S 13 DEG. 26 MIN. 04 SEC. E A DISTANCE OF 1,038.87 FEET TO A POINT, SAID POINT BEING N 50 DEG. 26 MIN. 53 SEC. E A DISTANCE OF 679.50 FEET FROM P.R.M. 78-79-A14.

THENCE S 12 DEG. 53 MIN. 22 SEC. E A DISTANCE OF 1,020.43 FEET TO A POINT, SAID POINT BEING N 36 DEG. 08 MIN. 22 SEC. E A DISTANCE OF 801.59 FEET FROM P.R.M. 78-79-A15.

THENCE S 13 DEG. 22 MIN. 52 SEC. E A DISTANCE OF 1,027.58 FEET TO A POINT, SAID POINT BEING N 08 DEG. 54 MIN. 46 SEC. E A DISTANCE OF 560.84 FEET FROM P.R.M. 78-79-A16.

THENCE S 13 DEG. 11 MIN. 51 SEC. E A DISTANCE OF 1,025.32 FEET TO A POINT, THENCE S 12 DEG. 56 MIN. 07 SEC. E A DISTANCE OF 1,047.59 FEET TO A POINT, THENCE S 12 DEG. 23 MIN. 04 SEC. E A DISTANCE OF 1,027.46 FEET TO A POINT, THENCE S 12 DEG. 57 MIN. 21 SEC. E A DISTANCE OF 1,025.13 FEET TO A POINT, THENCE S 12 DEG. 43 MIN. 36 SEC. E A DISTANCE OF 1,055.65 FEET TO A POINT, THENCE S 13 DEG. 01 MIN. 37 SEC. E A DISTANCE OF 1,007.74 FEET TO A POINT, SAID POINT BEING S 62 DEG. 43 MIN. 43 SEC. E A DISTANCE OF 358.05 FEET FROM P.R.M. 78-79-A17.

THENCE S 13 DEG. 00 MIN. 25 SEC. E A DISTANCE OF 1,037.29 FEET TO A POINT, THENCE S 13 DEG. 28 MIN. 54 SEC. E A DISTANCE OF 1,039.75 FEET TO A POINT, SAID POINT BEING N 61 DEG. 17 MIN. 42 SEC. E A DISTANCE OF 307.69 FEET FROM P.R.M. 78-79-A18.

THENCE S 13 DEG. 22 MIN. 17 SEC. E A DISTANCE OF 1,063.81 FEET TO A POINT, THENCE S 12 DEG. 20 MIN. 05 SEC. E A DISTANCE OF 1,020.09 FEET TO A POINT, THENCE S 11 DEG. 00 MIN. 47 SEC. E A DISTANCE OF 1,036.32 FEET TO A POINT, SAID POINT BEING N 07 DEG. 59 MIN. 17 SEC. E A DISTANCE OF 785.88 FEET FROM P.R.M. 78-79-A19.

THENCE S 11 DEG. 28 MIN. 58 SEC. E A DISTANCE OF 989.04 FEET TO A POINT, THENCE S 12 DEG. 01 MIN. 21 SEC. E A DISTANCE OF 1,059.59 FEET TO A POINT, THENCE S 11 DEG. 38 MIN. 41 SEC. E A DISTANCE OF 1,060.79 FEET TO A POINT, SAID POINT BEING S 81 DEG. 05 MIN. 05 SEC. E A DISTANCE OF 280.86 FEET FROM P.R.M. 78-79-A20.

THENCE S 12 DEG. 10 MIN. 37 SEC. E A DISTANCE OF 1,041.54 FEET TO A POINT, THENCE S 12 DEG 22 MIN. 33 SEC. E A DISTANCE OF 1,060.36 FEET TO A POINT, THENCE S 12 DEG. 15 MIN. 31 SEC. E A DISTANCE OF 1,034.53 FEET TO A POINT, SAID POINT BEING N 08 DEG. 18 MIN. 39 SEC. E A DISTANCE OF 737.78 FEET FROM P.R.M. 78-79-A21.

THENCE S 11 DEG. 57 MIN. 35 SEC. E A DISTANCE OF 1,057.18 FEET TO A POINT, THENCE S 12 DEG. 09 MIN. 52 SEC. E A DISTANCE OF 1,042.54 FEET TO A POINT, THENCE S 12 DEG. 00 MIN. 19 SEC. E A DISTANCE OF 1,048.05 FEET TO A POINT, THENCE S 10 DEG. 27 MIN. 03 SEC. E A DISTANCE OF 1,044.25 FEET TO A POINT, SAID POINT BEING N 16 DEG. 50 MIN. 38 SEC. E A DISTANCE OF 496.32 FEET FROM P.R.M. 78-79-A22.

THENCE S 11 DEG. 27 MIN. 14 SEC. E A DISTANCE OF 1,034.84 FEET TO A POINT, THENCE S 11 DEG. 05 MIN. 25 SEC. E A DISTANCE OF 1,027.78 FEET TO A POINT, THENCE S 12 DEG. 36 MIN. 37 SEC. E A DISTANCE OF 1,028.05 FEET TO A POINT, SAID POINT BEING N 05 DEG. 35 MIN. 27 SEC. E A DISTANCE OF 561.66 FEET FROM P.R.M. 78-79-A23.

THENCE S 12 DEG. 28 MIN. 54 SEC. E A DISTANCE OF 1,028.01 FEET TO A POINT, THENCE S 11 DEG. 34 MIN. 01 SEC. E A DISTANCE OF 1,031.78 FEET TO A POINT, THENCE S 11 DEG. 14 MIN. 50 SEC. E A DISTANCE OF 1,045.96 FEET TO A POINT, THENCE S 12 DEG. 08 MIN. 11 SEC. E A DISTANCE OF 1,016.38 FEET TO A POINT, THENCE S 10 DEG. 30 MIN. 55 SEC. E A DISTANCE OF 1,099.14 FEET TO A POINT, SAID POINT BEING N 02 DEG. 41 MIN. 18 SEC. E A DISTANCE OF 568.68 FEET FROM P.R.M. 78-79-A24.

THENCE S 09 DEG. 55 MIN. 21 SEC. E A DISTANCE OF 997.47 FEET TO A POINT, SAID POINT BEING N 21 DEG. 10 MIN. 38 SEC. W A DISTANCE OF 167.06 FEET FROM N.G.S. JENKS 2.

THENCE S 12 DEG. 30 MIN. 32 SEC. E A DISTANCE OF 1,052.15 FEET TO A POINT, THENCE S 12 DEG. 46 MIN. 47 SEC. E A DISTANCE OF 1,032.71 FEET TO A POINT, THENCE S 11 DEG. 47 MIN. 31 SEC. E A DISTANCE OF 1,035.28 FEET TO A POINT, THENCE S 12 DEG. 02 MIN. 46 SEC. E A DISTANCE OF 1,132.83 FEET TO A POINT, SAID POINT BEING N 60 DEG. 31 MIN. 22 SEC. E A DISTANCE OF 88.51 FEET FROM P.R.M. 78-79-A25.

THENCE S 11 DEG. 42 MIN. 33 SEC. E A DISTANCE OF 984.50 FEET TO A POINT, THENCE S 11 DEG. 43 MIN. 52 SEC. E A DISTANCE OF 1,057.37 FEET TO A POINT, THENCE S 12 DEG. 02 MIN. 10 SEC. E A DISTANCE OF 1,070.80 FEET TO A POINT, THENCE S 11 DEG. 43 MIN. 00 SEC. E A DISTANCE OF 1,064.60 FEET TO A POINT, SAID POINT BEING S 61 DEG. 31 MIN. 18 SEC. E A DISTANCE OF 141.65 FEET FROM P.R.M. 78-79-A26.

THENCE S 11 DEG. 28 MIN. 54 SEC. E A DISTANCE OF 1,046.46 FEET TO A POINT, THENCE S 11 DEG. 53 MIN. 45 SEC. E A DISTANCE OF 1,069.33 FEET TO A POINT, THENCE S 11 DEG. 39 MIN. 10 SEC. E A DISTANCE OF 1,042.06 FEET TO A POINT, THENCE S 10 DEG. 26 MIN. 15 SEC. E A DISTANCE OF 1,084.65 FEET TO A POINT, SAID POINT BEING S 16 DEG. 25 MIN. 35 SEC. E A DISTANCE OF 291.14 FEET FROM P.R.M. 78-79-A27.

THENCE S 11 DEG. 44 MIN. 14 SEC. E A DISTANCE OF 1,055.33 FEET TO A POINT, THENCE S 11 DEG. 59 MIN. 27 SEC. E A DISTANCE OF 1,058.43 FEET TO A POINT, THENCE S 10 DEG. 28 MIN. 10 SEC. E A DISTANCE OF 1,044.36 FEET TO A POINT, THENCE S 09 DEG. 50 MIN. 24 SEC. E A DISTANCE OF 1,045.49 FEET TO A POINT, THENCE S 10 DEG. 15 MIN. 55 SEC. E A DISTANCE OF 1,124.51 FEET TO A POINT, SAID POINT BEING N 37 DEG. 30 MIN. 07 SEC. E A DISTANCE OF 186.72 FEET FROM P.R.M. 78-79-A28.

THENCE S 10 DEG. 22 MIN. 17 SEC. E A DISTANCE OF 939.46 FEET TO A POINT, THENCE S 09 DEG. 56 MIN. 55 SEC. E A DISTANCE OF 1,024.28 FEET TO A POINT, THENCE S 10 DEG. 18 MIN. 38 SEC. E A DISTANCE OF 1,055.70 FEET TO A POINT, THENCE S 09 DEG. 05 MIN. 50 SEC. E A DISTANCE OF 1,041.93 FEET TO A POINT, THENCE S 10 DEG. 01 MIN. 16 SEC. E A DISTANCE OF 1,044.21 FEET TO A POINT, SAID POINT BEING N 80 DEG. 02 MIN. 15 SEC. E A DISTANCE OF 118.07 FEET FROM P.R.M. 78-79-A29.

THENCE S 11 DEG. 38 MIN. 30 SEC. E A DISTANCE OF 1,044.09 FEET TO A POINT, THENCE S 11 DEG. 14 MIN. 17 SEC. E A DISTANCE OF 1,065.04 FEET TO A POINT, THENCE S 11 DEG. 18 MIN. 05 SEC. E A DISTANCE OF 1,063.60 FEET TO A POINT, THENCE S 11 DEG. 36 MIN. 38 SEC. E A DISTANCE OF 1,112.49 FEET TO A POINT, THENCE S 11 DEG. 37 MIN. 21 SEC. E A DISTANCE OF 1,026.56 FEET TO A POINT, SAID POINT BEING S 17 DEG. 42 MIN. 24 SEC. E A DISTANCE OF 416.43 FEET FROM P.R.M. 78-79-A30.

THENCE S 11 DEG. 19 MIN. 58 SEC. E A DISTANCE OF 1,110.02 FEET TO A POINT, THENCE S 10 DEG. 53 MIN. 33 SEC. E A DISTANCE OF 1,022.42 FEET TO A POINT, THENCE S 12 DEG. 09 MIN. 51 SEC. E A DISTANCE OF 1,064.53 FEET TO A POINT, THENCE S 12 DEG. 21 MIN. 56 SEC. E A DISTANCE OF 1,090.85 FEET TO A POINT, SAID POINT BEING S 29 DEG. 36 MIN. 21 SEC. W A DISTANCE OF 17.88 FEET FROM P.R.M. 78-79-A31.

THENCE S 14 DEG. 50 MIN. 34 SEC. E A DISTANCE OF 1,045.60 FEET TO A POINT, THENCE S 12 DEG. 08 MIN. 42 SEC. E A DISTANCE OF 1,014.44 FEET TO A POINT, THENCE S 12 DEG. 19 MIN. 01 SEC. E A DISTANCE OF 1,062.69 FEET TO A POINT, SAID POINT BEING N 04 DEG. 42 MIN. 10 SEC. W A DISTANCE OF 244.66 FEET FROM P.R.M. 78-79-A32.

THENCE S 12 DEG. 31 MIN. 28 SEC. E A DISTANCE OF 1,044.48 FEET TO A POINT, THENCE S 12 DEG. 38 MIN. 35 SEC. E A DISTANCE OF 955.06 FEET TO A POINT, THENCE S 12 DEG. 12 MIN. 14 SEC. E A DISTANCE OF 1,029.50 FEET TO A POINT, THENCE S 12 DEG. 28 MIN. 57 SEC. E A DISTANCE OF 1,044.28 FEET TO A POINT, THENCE S 11 DEG. 52 MIN. 29 SEC. E A DISTANCE OF 1,056.42 FEET TO A POINT, SAID POINT BEING N 05 DEG. 53 MIN. 53 SEC. E A DISTANCE OF 215.82 FEET FROM P.R.M. 78-79-A33.

THENCE S 12 DEG. 05 MIN. 30 SEC. E A DISTANCE OF 1,001.77 FEET TO A POINT, THENCE S 11 DEG. 57 MIN. 04 SEC. E A DISTANCE OF 1,021.46 FEET TO A POINT, THENCE S 12 DEG. 07 MIN. 01 SEC. E A DISTANCE OF 990.71 FEET TO A POINT, THENCE S 12 DEG. 57 MIN. 55 SEC. E A DISTANCE OF 1,043.65 FEET TO A POINT, THENCE S 13 DEG. 23 MIN. 49 SEC. E A DISTANCE OF 1,025.16 FEET TO A POINT, SAID POINT BEING S 42 DEG. 04 MIN. 07 SEC. E A DISTANCE OF 194.49 FEET FROM P.R.M. 78-79-A34.

THENCE S 12 DEG. 31 MIN. 49 SEC. E A DISTANCE OF 1,027.87 FEET TO A POINT, THENCE S 12 DEG. 26 MIN. 53 SEC. E A DISTANCE OF 1,037.88 FEET TO A POINT, THENCE S 12 DEG. 09 MIN. 07 SEC. E A DISTANCE OF 1,042.85 FEET TO A POINT, THENCE S 12 DEG. 55 MIN. 00 SEC. E A DISTANCE OF 1,039.27 FEET TO A POINT, THENCE S 12 DEG. 55 MIN. 37 SEC. E A DISTANCE OF 994.36 FEET TO A POINT, SAID POINT BEING S 26 DEG. 46 MIN. 49 SEC. E A DISTANCE OF 279.42 FEET FROM P.R.M. 78-79-A35.

THENCE S 13 DEG. 28 MIN. 14 SEC. E A DISTANCE OF 996.66 FEET TO A POINT, THENCE S 14 DEG. 24 MIN. 51 SEC. E A DISTANCE OF 989.73 FEET TO A POINT, THENCE S 14 DEG. 22 MIN. 00 SEC. E A DISTANCE OF 993.62 FEET TO A POINT, THENCE S 14 DEG. 17 MIN. 27 SEC. E A DISTANCE OF 981.81 FEET TO A POINT, THENCE S 14 DEG. 37 MIN. 15 SEC. E A DISTANCE OF 1,114.37 FEET TO A POINT, THENCE S 14 DEG. 34 MIN. 37 SEC. E A DISTANCE OF 1,063.02 FEET TO A POINT, SAID POINT BEING S 23 DEG. 30 MIN. 14 SEC. E A DISTANCE OF 390.64 FEET FROM P.R.M. 78-79-A36.

THENCE S 14 DEG. 58 MIN. 13 SEC. E A DISTANCE OF 1,027.28 FEET TO A POINT, THENCE S 15 DEG. 18 MIN. 33 SEC. E A DISTANCE OF 1,108.07 FEET TO A POINT, THENCE S 15 DEG. 51 MIN. 09 SEC. E A DISTANCE OF 1,063.73 FEET TO A POINT, THENCE S 16 DEG. 49 MIN. 07 SEC. E A DISTANCE OF 1,039.71 FEET TO A POINT, SAID POINT BEING S 25 DEG. 32 MIN. 44 SEC. E A DISTANCE OF 256.91 FEET FROM P.R.M. 78-79-A37.

THENCE S 15 DEG. 23 MIN. 38 SEC. E A DISTANCE OF 1,008.38 FEET TO A POINT, THENCE S 16 DEG. 47 MIN. 46 SEC. E A DISTANCE OF 975.68 FEET TO A POINT, THENCE S 15 DEG. 52 MIN. 53 SEC. E A DISTANCE OF 1,119.42 FEET TO A POINT, THENCE S 18 DEG. 00 MIN. 17 SEC. E A DISTANCE OF 1,063.73 FEET TO A POINT, THENCE S 20 DEG. 15 MIN. 11 SEC. E A DISTANCE OF 1,122.89 FEET TO A POINT, SAID POINT BEING S 23 DEG. 35 MIN. 12 SEC. E A DISTANCE OF 83.35 FEET FROM P.R.M. 78-79-A38.

THENCE S 18 DEG. 35 MIN. 05 SEC. E A DISTANCE OF 1,086.59 FEET TO A POINT, THENCE S 19 DEG. 20 MIN. 05 SEC. E A DISTANCE OF 1,103.67 FEET TO A POINT, THENCE S 19 DEG. 11 MIN. 13 SEC. E A DISTANCE OF 1,109.33 FEET TO A POINT, SAID POINT BEING N 52 DEG. 25 MIN. 56 SEC. E A DISTANCE OF 211.16 FEET FROM P.R.M. 78-79-A39.

THENCE S 19 DEG. 28 MIN. 50 SEC. E A DISTANCE OF 1,076.85 FEET TO A POINT, SAID POINT BEING N 13 DEG. 12 MIN. 26 SEC. E A DISTANCE OF 396.04 FEET FROM N.G.S. VILANO.

THENCE S 19 DEG. 16 MIN. 32 SEC. E A DISTANCE OF 1,210.34 FEET TO A POINT, SAID POINT BEING S 18 DEG. 58 MIN. 21 SEC. W A DISTANCE OF 585.22 FEET FROM P.R.M. 78-79-A40.

THENCE S 58 DEG. 45 MIN. 43 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH BANK OF ST. AUGUSTINE INLET, THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 18 DEG. 58 MIN. 21 SEC. W A DISTANCE OF 585.22 FEET FROM P.R.M. 78-79-A40.

RECOMMENCE AT P.R.M. 78-79-A41; THENCE S 12 DEG. 46 MIN. 29 SEC. W. A DISTANCE OF 783.75 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 33 DEG. 20 MIN. 06 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTH BANK OF ST. AUGUSTINE INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 12 DEG. 46 MIN. 29 SEC. W A DISTANCE OF 783.75 FEET FROM P.R.M. 78-79-A41.

THENCE S 33 DEG. 20 MIN. 06 SEC. E A DISTANCE OF 935.12 FEET TO A POINT, THENCE S 33 DEG. 42 MIN. 40 SEC. E A DISTANCE OF 1,188.26 FEET TO A POINT, THENCE S 23 DEG. 09 MIN. 59 SEC. E A DISTANCE OF 1,298.43 FEET TO A POINT, THENCE S 23 DEG. 28 MIN. 52 SEC. E A DISTANCE OF 828.13 FEET TO A POINT, THENCE S 16 DEG. 05 MIN. 34 SEC. E A DISTANCE OF 1,084.42 FEET TO A POINT, SAID POINT BEING S 40 DEG. 31 MIN. 21 SEC. W A DISTANCE OF 645.91 FEET FROM P.R.M. 78-79-A42.

THENCE S 14 DEG. 14 MIN. 15 SEC. E A DISTANCE OF 1,068.37 FEET TO A POINT, THENCE S 14 DEG. 36 MIN. 56 SEC. E A DISTANCE OF 1,028.91 FEET TO A POINT, THENCE S 13 DEG. 43 MIN. 35 SEC. E A DISTANCE OF 1,068.08 FEET TO A POINT, THENCE S 16 DEG. 58 MIN. 10 SEC. E A DISTANCE OF 992.02 FEET TO A POINT, THENCE S 15 DEG. 58 MIN. 07 SEC. E A DISTANCE OF 436.60 FEET TO A POINT, SAID POINT BEING S 39 DEG. 42 MIN. 15 SEC. W A DISTANCE OF 443.99 FEET FROM P.R.M. 78-86-A43-2.

THENCE S 16 DEG. 51 MIN. 12 SEC. E A DISTANCE OF 1,501.21 FEET TO A POINT, THENCE S 15 DEG. 22 MIN. 58 SEC. E A DISTANCE OF 1,031.38 FEET TO A POINT, THENCE S 16 DEG. 37 MIN. 46 SEC. E A DISTANCE OF 1,010.66 FEET TO A POINT, THENCE S 16 DEG. 49 MIN. 04 SEC. E A DISTANCE OF 1,110.73 FEET TO A POINT, THENCE S 16 DEG. 34 MIN. 31 SEC. E A DISTANCE OF 921.73 FEET TO A POINT, SAID POINT BEING S 06 DEG. 49 MIN. 34 SEC. W A DISTANCE OF 326.41 FEET FROM P.R.M. 78-86-A44-2.

THENCE S 15 DEG. 29 MIN. 00 SEC. E A DISTANCE OF 885.65 FEET TO A POINT, SAID POINT BEING N 05 DEG. 26 MIN. 35 SEC. W A DISTANCE OF 330.53 FEET FROM P.R.M. 78-86-A45-2.

THENCE S 11 DEG. 41 MIN. 56 SEC. E A DISTANCE OF 936.84 FEET TO A POINT, SAID POINT BEING IN 40 DEG. 10 MIN. 19 SEC. W A DISTANCE OF 189.59 FEET FROM P.R.M. 78-86-A45A.

THENCE S 11 DEG. 41 MIN. 56 SEC. E A DISTANCE OF 392.00 FEET TO A POINT, THENCE N 89 DEG. 45 MIN. 51 SEC. E A DISTANCE OF 227.02 FEET TO A POINT, THENCE S 01 DEG. 07 MIN. 40 SEC. E A DISTANCE OF 642.02 FEET TO A POINT, THENCE S 00 DEG. 52 MIN. 17 SEC. W A DISTANCE OF 1,016.06 FEET TO A POINT, THENCE S 00 DEG. 56 MIN. 31 SEC. W A DISTANCE OF 795.27 FEET TO A POINT, THENCE S 00 DEG. 32 MIN. 01 SEC. W A DISTANCE OF 197.06 FEET TO A POINT, THENCE S 00 DEG. 52 MIN. 32 SEC. E A DISTANCE OF 1,028.84 FEET TO A POINT, SAID POINT BEING S 82 DEG. 16 MIN. 04 SEC. E A DISTANCE OF 318.62 FEET FROM P.R.M. 78-79-A46.

THENCE S 01 DEG. 02 MIN. 57 SEC. E A DISTANCE OF 1,018.62 FEET TO A POINT, THENCE S 02 DEG. 14 MIN. 11 SEC. E A DISTANCE OF 1,001.09 FEET TO A POINT, THENCE S 06 DEG. 50 MIN. 15 SEC. E A DISTANCE OF 992.92 FEET TO A POINT, SAID POINT BEING N 40 DEG. 58 MIN. 24 SEC. E A DISTANCE OF 694.13 FEET FROM P.R.M. 78-79-A47.

THENCE S 06 DEG. 16 MIN. 37 SEC. E A DISTANCE OF 993.77 FEET TO A POINT, THENCE S 08 DEG. 01 MIN. 12 SEC. E A DISTANCE OF 992.93 FEET TO A POINT, THENCE S 03 DEG. 03 MIN. 13 SEC. E A DISTANCE OF 986.89 FEET TO A POINT, THENCE S 02 DEG. 22 MIN. 50 SEC. E A DISTANCE OF 992.99 FEET TO A POINT, THENCE S 03 DEG. 26 MIN. 55 SEC. E A DISTANCE OF 1,008.61 FEET TO A POINT, SAID POINT BEING N 83 DEG. 18 MIN. 48 SEC. E A DISTANCE OF 2,272.71 FEET FROM P.R.M. 78-79-A48.

THENCE S 03 DEG. 20 MIN. 05 SEC. E A DISTANCE OF 985.27 FEET TO A POINT, THENCE S 03 DEG. 21 MIN. 26 SEC. E A DISTANCE OF 1,013.32 FEET TO A POINT, THENCE S 03 DEG. 27 MIN. 56 SEC. E A DISTANCE OF 1,003.96 FEET TO A POINT, THENCE S 05 DEG. 08 MIN. 37 SEC. E A DISTANCE OF 933.70 FEET TO A POINT, THENCE S 07 DEG. 38 MIN. 39 SEC. E A DISTANCE OF 1,040.82 FEET TO A POINT, THENCE S 07 DEG. 13 MIN. 05 SEC. E A DISTANCE OF 1,036.23 FEET TO A POINT, SAID POINT BEING S 81 DEG. 43 MIN. 36 SEC. E A DISTANCE OF 1,333.73 FEET FROM P.R.M. 78-86-A49-2.

THENCE S 06 DEG. 38 MIN. 53 SEC. E A DISTANCE OF 1,101.10 FEET TO A POINT, THENCE S 08 DEG. 44 MIN. 32 SEC. E A DISTANCE OF 1,080.84 FEET TO A POINT, THENCE S 07 DEG. 25 MIN. 52 SEC. E A DISTANCE OF 917.50 FEET TO A POINT, THENCE S 10 DEG. 57 MIN. 37 SEC. E A DISTANCE OF 1,010.71 FEET TO A POINT, SAID POINT BEING S 85 DEG. 02 MIN. 21 SEC. E A DISTANCE OF 987.97 FEET FROM P.R.M. 78-79-A50.

THENCE S 10 DEG. 28 MIN. 01 SEC. E A DISTANCE OF 1,008.69 FEET TO A POINT, SAID POINT BEING N 56 DEG. 06 MIN. 40 SEC. E A DISTANCE OF 845.29 FEET FROM P.R.M. MICKLER.

THENCE S 11 DEG. 23 MIN. 34 SEC. E A DISTANCE OF 1,008.59 FEET TO A POINT, SAID POINT BEING N 66 DEG. 25 MIN. 37 SEC. E A DISTANCE OF 610.68 FEET FROM P.R.M. 78-79-A51.

THENCE S 10 DEG. 48 MIN. 46 SEC. E A DISTANCE OF 1,006.07 FEET TO A POINT, THENCE S 10 DEG. 58 MIN. 53 SEC. E A DISTANCE OF 1,001.01 FEET TO A POINT, THENCE S 16 DEG. 26 MIN. 09 SEC. E A DISTANCE OF 1,008.79 FEET TO A POINT, THENCE S 14 DEG. 16 MIN. 41 SEC. E A DISTANCE OF 1,006.75 FEET TO A POINT, SAID POINT BEING N 23 DEG. 35 MIN. 45 SEC. E A DISTANCE OF 638.79 FEET FROM P.R.M. 78-79-A52.

THENCE S 14 DEG. 35 MIN. 16 SEC. E A DISTANCE OF 916.91 FEET TO A POINT, THENCE S 14 DEG. 25 MIN. 37 SEC. E A DISTANCE OF 1,225.79 FEET TO A POINT, THENCE S 15 DEG. 05 MIN. 18 SEC. E A DISTANCE OF 891.62 FEET TO A POINT, SAID POINT BEING S 85 DEG. 01 MIN. 38 SEC. E A DISTANCE OF 582.81 FEET FROM P.R.M. 78-79-A53.

THENCE S 14 DEG. 15 MIN. 59 SEC. E A DISTANCE OF 1,052.99 FEET TO A POINT, THENCE S 16 DEG. 36 MIN. 33 SEC. E A DISTANCE OF 1,023.02 FEET TO A POINT, THENCE S 16 DEG. 44 MIN. 08 SEC. E A DISTANCE OF 1,009.47 FEET TO A POINT, SAID POINT BEING N 71 DEG. 51 MIN. 31 SEC. E A DISTANCE OF 252.72 FEET FROM P.R.M. 78-79-A54.

THENCE S 17 DEG. 12 MIN. 17 SEC. E A DISTANCE OF 1,015.87 FEET TO A POINT, THENCE S 17 DEG. 24 MIN. 39 SEC. E A DISTANCE OF 961.46 FEET TO A POINT, THENCE S 17 DEG. 55 MIN. 12 SEC. E A DISTANCE OF 1,008.32 FEET TO A POINT, THENCE S 17 DEG. 48 MIN. 53 SEC. E A DISTANCE OF 1,024.23 FEET TO A POINT, THENCE S 17 DEG. 20 MIN. 44 SEC. E A DISTANCE OF 962.26 FEET TO A POINT, SAID POINT BEING N 00 DEG. 31 MIN. 15 SEC. E A DISTANCE OF 544.39 FEET FROM P.R.M. 78-79-A55.

THENCE S 17 DEG. 56 MIN. 46 SEC. E A DISTANCE OF 932.63 FEET TO A POINT, THENCE S 18 DEG. 34 MIN. 06 SEC. E A DISTANCE OF 1,021.04 FEET TO A POINT, THENCE S 18 DEG. 48 MIN. 45 SEC. E A DISTANCE OF 1,002.08 FEET TO A POINT, THENCE S 17 DEG. 09 MIN. 43 SEC. E A DISTANCE OF 1,029.02 FEET TO A POINT, THENCE S 19 DEG. 20 MIN. 18 SEC. E A DISTANCE OF 960.10 FEET TO A POINT, THENCE S 18 DEG. 57 MIN. 02 SEC. E A DISTANCE OF 1,027.58 FEET TO A POINT, SAID POINT BEING N 85 DEG. 02 MIN. 44 SEC. E A DISTANCE OF 432.55 FEET FROM P.R.M. 78-79-A56.

THENCE S 18 DEG. 46 MIN. 59 SEC. E A DISTANCE OF 996.01 FEET TO A POINT, THENCE S 21 DEG. 43 MIN. 34 SEC. E A DISTANCE OF 1,066.21 FEET TO A POINT, SAID POINT BEING N 11 DEG. 31 MIN. 06 SEC. E A DISTANCE OF 782.73 FEET FROM N.G.S. NICK.

THENCE S 21 DEG. 31 MIN. 44 SEC. E A DISTANCE OF 1,038.85 FEET TO A POINT, SAID POINT BEING N 52 DEG. 44 MIN. 38 SEC. E A DISTANCE OF 547.49 FEET FROM P.R.M. 78-79-A57.

THENCE S 21 DEG. 17 MIN. 20 SEC. E A DISTANCE OF 1,019.17 FEET TO A POINT, THENCE S 23 DEG. 03 MIN. 32 SEC. E A DISTANCE OF 1,009.60 FEET TO A POINT, THENCE S 23 DEG. 17 MIN. 07 SEC. E A DISTANCE OF 1,013.37 FEET TO A POINT, SAID POINT BEING N 84 DEG. 42 MIN. 31 SEC. E A DISTANCE OF 716.67 FEET FROM P.R.M. 78-79-A58.

THENCE S 25 DEG. 15 MIN. 17 SEC. E A DISTANCE OF 1,020.31 FEET TO A POINT, THENCE S 24 DEG. 48 MIN. 10 SEC. E A DISTANCE OF 1,060.53 FEET TO A POINT, SAID POINT BEING S 78 DEG. 06 MIN. 31 SEC. E A DISTANCE OF 769.12 FEET FROM P.R.M. 78-79-A59.

THENCE S 26 DEG. 10 MIN. 58 SEC. E A DISTANCE OF 1,012.09 FEET TO A POINT, THENCE S 17 DEG. 21 MIN. 57 SEC. E A DISTANCE OF 970.30 FEET TO A POINT, THENCE S 75 DEG. 00 MIN. 00 SEC. W A DISTANCE OF 370.00 FEET TO A POINT, SAID POINT BEING S 25 DEG. 04 MIN. 33 SEC. E A DISTANCE OF 581.00 FEET FROM P.R.M. 78-79-A60.

THENCE S 13 DEG. 26 MIN. 10 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH BANK OF MATANZAS INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 25 DEG. 04 MIN. 33 SEC. E A DISTANCE OF 581.00 FEET FROM P.R.M. 78-79-A60.

RECOMMENCE AT P.R.M. 78-79-A61; THENCE S 80 DEG. 36 MIN. 47 SEC. E A DISTANCE OF 50.41 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 13 DEG. 26 MIN. 10 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTH BANK OF MATANZAS INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 80 DEG. 36 MIN. 47 SEC. E A DISTANCE OF 50.41 FEET FROM P.R.M. 78-79-A61.

THENCE S 37 DEG. 17 MIN. 06 SEC. E A DISTANCE OF 734.42 FEET TO A POINT, THENCE S 26 DEG. 23 MIN. 04 SEC. E A DISTANCE OF 489.64 FEET TO A POINT, THENCE S 26 DEG. 08 MIN. 22 SEC. E A DISTANCE OF 1,015.99 FEET TO A POINT, SAID POINT BEING N 53 DEG. 36 MIN. 08 SEC. E A DISTANCE OF 619.39 FEET FROM P.R.M. 73-77-A32.

THENCE S 20 DEG. 50 MIN. 08 SEC. E A DISTANCE OF 1,013.33 FEET TO A POINT, THENCE S 15 DEG. 08 MIN. 22 SEC. E A DISTANCE OF 1,020.20 FEET TO A POINT, THENCE S 13 DEG. 06 MIN. 02 SEC. E A DISTANCE OF 1,004.96 FEET TO A POINT, THENCE S 12 DEG. 28 MIN. 27 SEC. E A DISTANCE OF 1,027.79 FEET TO A POINT, THENCE S 23 DEG. 38 MIN. 15 SEC. E A DISTANCE OF 1,036.89 FEET TO A POINT, THENCE S 16 DEG. 10 MIN. 01 SEC. E A DISTANCE OF 1,029.19 FEET TO A POINT, SAID POINT BEING N 45 DEG. 12 MIN. 07 SEC. W A DISTANCE OF 262.50 FEET FROM P.R.M. 73-86-A31-2.

THENCE S 16 DEG. 58 MIN. 57 SEC. E A DISTANCE OF 1,022.38 FEET TO A POINT, THENCE S 18 DEG. 13 MIN. 56 SEC. E A DISTANCE OF 1,032.99 FEET TO A POINT, THENCE S 18 DEG. 28 MIN. 33 SEC. E A DISTANCE OF 1,016.90 FEET TO A POINT, THENCE S 17 DEG. 52 MIN. 47 SEC. E A DISTANCE OF 1,033.11 FEET TO A POINT, SAID POINT BEING S 06 DEG. 48 MIN. 20 SEC. E A DISTANCE OF 580.86 FEET FROM P.R.M. 73-77-A30.

THENCE S 22 DEG. 28 MIN. 50 SEC. E TO THE POINT OF INTERSECTION WITH ST. JOHNS-FLAGLER COUNTY LINE, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR ST. JOHNS COUNTY.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 1-28-88, Formerly 16B-26.019, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.020 Description of the Flagler County Coastal Construction Control Line

(1) There is hereby established, pursuant to section 161.053, F.S., the Flagler County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Flagler County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE FOR FLAGLER COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S. SAID CONTROL LINE LYING ALONG THE COAST OF THE ATLANTIC OCEAN FROM THE ST. JOHNS-FLAGLER COUNTY LINE SOUTHERLY TO ITS TERMINUS AT THE FLAGLER-VOLUSIA COUNTY LINE.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “73-77-A01 THROUGH 73-77-A05,” “73-86-A06-2 THROUGH 73-86-A07-2,” “73-77-A08 THROUGH 73-77-A20,” “73-86-A21-2 THROUGH 73-86-A25-2,” “73-77-A27 THROUGH 73-77-A29.” FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.), SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE EAST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON NORTH AMERICAN 1927 DATUM.

THE BEARING BASE FOR THIS DESCRIPTION WAS DETERMINED BY POLARIS OBSERVATIONS MADE AT N.G.S. STATION SMITH 1934, N.G.S. STATION CANAL 1934, P.R.M. 73-77-A09 AND P.R.M. 73-77-A31.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE FOR FLAGLER COUNTY, FLORIDA

COMMENCE AT P.R.M. 73-77-A29, THENCE N 17 DEG. 11 MIN. 01 SEC. W A DISTANCE OF 697.61 FEET TO THE POINT OF BEGINNING; THENCE N 22 DEG. 48 MIN. 39 SEC. W TO THE POINT OF INTERSECTION WITH FLAGLER-ST. JOHNS COUNTY LINE, SAID POINT BEING THE NORTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR FLAGLER COUNTY; THENCE RETURNING ALONG THE SAME COURSE TO THE POINT OF BEGINNING.

THENCE S 22 DEG. 48 MIN. 39 SEC. E A DISTANCE OF 983.58 FEET TO A POINT, SAID POINT BEING S 36 DEG. 06 MIN. 50 SEC. E A DISTANCE OF 297.30 FEET FROM P.R.M. 73-77-A29.

THENCE S 20 DEG. 11 MIN. 58 SEC. E A DISTANCE OF 1,251.40 FEET TO A POINT, THENCE S 20 DEG. 49 MIN. 15 SEC. E A DISTANCE OF 759.83 FEET TO A POINT, THENCE S 20 DEG. 31 MIN. 20 SEC. E A DISTANCE OF 945.85 FEET TO A POINT, THENCE S 20 DEG. 27 MIN. 44 SEC. E A DISTANCE OF 1,005.20 FEET TO A POINT, SAID POINT BEING N 18 DEG. 05 MIN. 20 SEC. E A DISTANCE OF 231.96 FEET FROM P.R.M. 73-77-A28 1986.

THENCE S 19 DEG. 23 MIN. 08 SEC. E A DISTANCE OF 964.80 FEET TO A POINT, THENCE S 19 DEG. 28 MIN. 21 SEC. E A DISTANCE OF 917.76 FEET TO A POINT, THENCE S 19 DEG. 51 MIN. 34 SEC. E A DISTANCE OF 1,086.71 FEET TO A POINT, THENCE S 19 DEG. 52 MIN. 01 SEC. E A DISTANCE OF 991.51 FEET TO A POINT, THENCE S 20 DEG. 08 MIN. 32 SEC. E A DISTANCE OF 930.65 FEET TO A POINT, SAID POINT BEING N 84 DEG. 23 MIN. 49 SEC. E A DISTANCE OF 114.82 FEET FROM P.R.M. 73-77-A27.

THENCE S 20 DEG. 02 MIN. 33 SEC. E A DISTANCE OF 976.61 FEET TO A POINT, THENCE S 19 DEG. 35 MIN. 19 SEC. E A DISTANCE OF 898.36 FEET TO A POINT, SAID POINT BEING N 50 DEG. 47 MIN. 33 SEC. W A DISTANCE OF 283.63 FEET FROM N.G.S. ROCK 1934.

THENCE S 19 DEG. 26 MIN. 21 SEC. E A DISTANCE OF 929.66 FEET TO A POINT, THENCE S 19 DEG. 38 MIN. 23 SEC. E A DISTANCE OF 1,078.03 FEET TO A POINT, THENCE S 18 DEG. 29 MIN. 55 SEC. E A DISTANCE OF 865.61 FEET TO A POINT, THENCE S 19 DEG. 42 MIN. 53 SEC. E A DISTANCE OF 989.47 FEET TO A POINT, THENCE S 22 DEG. 12 MIN. 48 SEC. E A DISTANCE OF 944.97 FEET TO A POINT, THENCE S 22 DEG. 18 MIN. 19 SEC. E A DISTANCE OF 1,004.11 FEET TO A POINT, THENCE S 20 DEG. 59 MIN. 42 SEC. E A DISTANCE OF 948.39 FEET TO A POINT, SAID POINT BEING S 03 DEG. 10 MIN. 14 SEC. E A DISTANCE OF 166.95 FEET FROM P.R.M. 73-86-A25-2.

THENCE S 22 DEG. 01 MIN. 56 SEC. E A DISTANCE OF 1,094.36 FEET TO A POINT, THENCE S 22 DEG. 20 MIN. 59 SEC. E A DISTANCE OF 1,129.37 FEET TO A POINT, SAID POINT BEING N 29 DEG. 22 MIN. 46 SEC. W A DISTANCE OF 397.03 FEET FROM P.R.M. 73-86-A24-2.

THENCE S 20 DEG. 18 MIN. 39 SEC. E A DISTANCE OF 815.58 FEET TO A POINT, THENCE S 20 DEG. 17 MIN. 47 SEC. E A DISTANCE OF 983.95 FEET TO A POINT, THENCE S 19 DEG. 32 MIN. 31 SEC. E A DISTANCE OF 1,239.99 FEET TO A POINT, THENCE S 19 DEG. 47 MIN. 03 SEC. E A DISTANCE OF 874.11 FEET TO A POINT, THENCE S 19 DEG. 32 MIN. 42 SEC. E A DISTANCE OF 836.44 FEET TO A POINT, SAID POINT BEING S 59 DEG. 59 MIN. 47 SEC. W A DISTANCE OF 41.82 FEET FROM P.R.M. 73-86-A23-2.

THENCE S 18 DEG. 27 MIN. 01 SEC. E A DISTANCE OF 878.59 FEET TO A POINT, THENCE S 19 DEG. 57 MIN. 58 SEC. E A DISTANCE OF 908.62 FEET TO A POINT, THENCE S 19 DEG. 56 MIN. 27 SEC. E A DISTANCE OF 1,228.74 FEET TO A POINT, THENCE S 17 DEG. 08 MIN. 58 SEC. E A DISTANCE OF 816.49 FEET TO A POINT, THENCE S 18 DEG. 47 MIN. 22 SEC. E A DISTANCE OF 997.66 FEET TO A POINT, SAID POINT BEING S 17 DEG. 43 MIN. 14 SEC. E A DISTANCE OF 213.62 FEET FROM P.R.M. 73-86-A22-2.

THENCE S 20 DEG. 09 MIN. 22 SEC. E A DISTANCE OF 997.48 FEET TO A POINT, THENCE S 20 DEG. 09 MIN. 01 SEC. E A DISTANCE OF 796.34 FEET TO A POINT, THENCE S 22 DEG. 10 MIN. 55 SEC. E A DISTANCE OF 1,247.88 FEET TO A POINT, SAID POINT BEING N 57 DEG. 27 MIN. 00 SEC. W A DISTANCE OF 148.21 FEET FROM P.R.M. 73-86-A21-2.

THENCE S 22 DEG. 13 MIN. 03 SEC. E A DISTANCE OF 936.02 FEET TO A POINT, THENCE S 19 DEG. 44 MIN. 18 SEC. E A DISTANCE OF 964.88 FEET TO A POINT, THENCE S 19 DEG. 45 MIN. 52 SEC. E A DISTANCE OF 947.31 FEET TO A POINT, SAID POINT BEING S 00 DEG. 35 MIN. 19 SEC. W A DISTANCE OF 444.71 FEET FROM P.R.M. 73-77-A20.

THENCE S 22 DEG. 16 MIN. 52 SEC. E A DISTANCE OF 885.57 FEET TO A POINT, THENCE S 19 DEG. 54 MIN. 19 SEC. E A DISTANCE OF 1,023.03 FEET TO A POINT, THENCE S 18 DEG. 57 MIN. 00 SEC. E A DISTANCE OF 912.02 FEET TO A POINT, THENCE S 20 DEG. 45 MIN. 29 SEC. E A DISTANCE OF 1,009.81 FEET TO A POINT, THENCE S 21 DEG. 54 MIN. 29 SEC. E A DISTANCE OF 917.70 FEET TO A POINT, THENCE S 21 DEG. 15 MIN. 21 SEC. E A DISTANCE OF 1,048.61 FEET TO A POINT, SAID POINT BEING S 28 DEG. 48 MIN. 59 SEC. W A DISTANCE OF 174.59 FEET FROM P.R.M. 73-77-A19.

THENCE S 21 DEG. 15 MIN. 22 SEC. E A DISTANCE OF 915.50 FEET TO A POINT, SAID POINT BEING S 27 DEG. 44 MIN. 04 SEC. E A DISTANCE OF 482.94 FEET FROM N.G.S. CANAL 1934.

THENCE S 22 DEG. 11 MIN. 36 SEC. E A DISTANCE OF 1,102.86 FEET TO A POINT, SAID POINT BEING N 13 DEG. 13 MIN. 05 SEC. W A DISTANCE OF 573.32 FEET FROM P.R.M. 73-77-A18.

THENCE S 22 DEG. 28 MIN. 12 SEC. E A DISTANCE OF 992.17 FEET TO A POINT, THENCE S 22 DEG. 12 MIN. 35 SEC. E A DISTANCE OF 965.05 FEET TO A POINT, THENCE S 22 DEG. 05 MIN. 38 SEC. E A DISTANCE OF 944.54 FEET TO A POINT, THENCE S 22 DEG. 22 MIN. 13 SEC. E A DISTANCE OF 1003.29 FEET TO A POINT, THENCE S 22 DEG. 30 MIN. 37 SEC. E A DISTANCE OF 917.71 FEET TO A POINT, SAID POINT BEING S 15 DEG. 25 MIN. 09 SEC. W A DISTANCE OF 86.42 FEET FROM P.R.M. 73-77-A17 1986.

THENCE S 24 DEG. 03 MIN. 00 SEC. E A DISTANCE OF 890.17 FEET TO A POINT, THENCE S 23 DEG. 49 MIN. 22 SEC. E A DISTANCE OF 450.75 FEET TO A POINT, THENCE S 23 DEG. 22 MIN. 16 SEC. E A DISTANCE OF 803.56 FEET TO A POINT, THENCE S 24 DEG. 28 MIN. 28 SEC. E A DISTANCE OF 1,028.86 FEET TO A POINT, SAID POINT BEING N 24 DEG. 46 MIN. 31 SEC. W A DISTANCE OF 294.55 FEET FROM P.R.M. 73-77-A16 1986.

THENCE S 24 DEG. 16 MIN. 57 SEC. E A DISTANCE OF 859.88 FEET TO A POINT, THENCE S 24 DEG. 04 MIN. 02 SEC. E A DISTANCE OF 725.91 FEET TO A POINT, THENCE S 22 DEG. 04 MIN. 42 SEC. E A DISTANCE OF 1,093.92 FEET TO A POINT, THENCE S 22 DEG. 11 MIN. 33 SEC. E A DISTANCE OF 1,100.04 FEET TO A POINT, SAID POINT BEING S 01 DEG. 39 MIN. 02 SEC. W A DISTANCE OF 93.18 FEET FROM P.R.M. 73-77-A15.

THENCE S 22 DEG. 43 MIN. 40 SEC. E A DISTANCE OF 784.01 FEET TO A POINT, SAID POINT BEING N 34 DEG. 23 MIN. 55 SEC. W A DISTANCE OF 533.51 FEET FROM N.G.S WEAVER 1934.

THENCE S 22 DEG. 48 MIN. 09 SEC. E A DISTANCE OF 924.67 FEET TO A POINT, SAID POINT BEING N 26 DEG. 21 MIN. 52 SEC. W A DISTANCE OF 186.22 FEET FROM P.R.M. 73-77-A14.

THENCE S 22 DEG. 48 MIN. 23 SEC. E A DISTANCE OF 994.25 FEET TO A POINT, THENCE S 24 DEG. 57 MIN. 46 SEC. E A DISTANCE OF 995.76 FEET TO A POINT, SAID POINT BEING N 23 DEG. 36 MIN. 50 SEC. W A DISTANCE OF 323.58 FEET FROM P.R.M. 73-77-A13.

THENCE S 24 DEG. 51 MIN. 17 SEC. E A DISTANCE OF 883.20 FEET TO A POINT, THENCE S 23 DEG. 35 MIN. 52 SEC. E A DISTANCE OF 1,002.49 FEET TO A POINT, SAID POINT BEING S 88 DEG. 55 MIN. 44 SEC. W A DISTANCE OF 106.13 FEET FROM P.R.M. 73-77-A12.

THENCE S 23 DEG. 32 MIN. 22 SEC. E A DISTANCE OF 938.49 FEET TO A POINT, THENCE S 23 DEG. 46 MIN. 49 SEC. E A DISTANCE OF 917.14 FEET TO A POINT, SAID POINT BEING N 40 DEG. 27 MIN. 09 SEC. W A DISTANCE OF 649.85 FEET FROM P.R.M. 73-77-A11.

THENCE S 23 DEG. 33 MIN. 36 SEC. E A DISTANCE OF 1,054.05 FEET TO A POINT, THENCE S 22 DEG. 56 MIN. 30 SEC. E A DISTANCE OF 880.74 FEET TO A POINT, THENCE S 23 DEG. 29 MIN. 26 SEC. E A DISTANCE OF 1,065.24 FEET TO A POINT, THENCE S 25 DEG. 54 MIN. 18 SEC. E A DISTANCE OF 965.29 FEET TO A POINT, SAID POINT BEING N 51 DEG. 31 MIN. 35 SEC. W A DISTANCE OF 265.42 FEET FROM P.R.M. 73-77-A10.

THENCE S 22 DEG. 48 MIN. 48 SEC. E A DISTANCE OF 940.42 FEET TO A POINT, THENCE S 22 DEG. 46 MIN. 20 SEC. E A DISTANCE OF 953.32 FEET TO A POINT, THENCE S 23 DEG. 12 MIN. 52 SEC. E A DISTANCE OF 947.58 FEET TO A POINT, SAID POINT BEING N 12 DEG. 13 MIN. 57 SEC. W A DISTANCE OF 826.77 FEET FROM N.G.S. FLAGLER 1934.

THENCE S 23 DEG. 07 MIN. 36 SEC. E A DISTANCE OF 945.91 FEET TO A POINT, SAID POINT BEING N 43 DEG. 32 MIN. 40 SEC. W A DISTANCE OF 189.05 FEET FROM P.R.M. 73-77-A09.

THENCE S 22 DEG. 53 MIN. 30 SEC. E A DISTANCE OF 966.16 FEET TO A POINT, THENCE S 22 DEG. 49 MIN. 21 SEC. E A DISTANCE OF 968.39 FEET TO A POINT, THENCE S 23 DEG. 00 MIN. 47 SEC. E A DISTANCE OF 970.41 FEET TO A POINT, SAID POINT BEING N 40 DEG. 14 MIN. 12 SEC. W A DISTANCE OF 446.91 FEET FROM P.R.M. 73-77-A08.

THENCE S 24 DEG. 09 MIN. 54 SEC. E A DISTANCE OF 959.83 FEET TO A POINT, THENCE S 22 DEG. 26 MIN. 05 SEC. E A DISTANCE OF 943.75 FEET TO A POINT, THENCE S 21 DEG. 44 MIN. 54 SEC. E A DISTANCE OF 947.55 FEET TO A POINT, THENCE S 21 DEG. 36 MIN. 58 SEC. E A DISTANCE OF 1,004.73 FEET TO A POINT, SAID POINT BEING N 34 DEG. 49 MIN. 20 SEC. W A DISTANCE OF 552.43 FEET FROM P.R.M. 73-86-A07-2.

THENCE S 22 DEG. 30 MIN. 19 SEC. E A DISTANCE OF 903.52 FEET TO A POINT, THENCE S 22 DEG. 43 MIN. 59 SEC. E A DISTANCE OF 1,048.87 FEET TO A POINT, THENCE S 22 DEG. 29 MIN. 05 SEC. E A DISTANCE OF 731.26 FEET TO A POINT, THENCE S 22 DEG. 40 MIN. 02 SEC. E A DISTANCE OF 962.72 FEET TO A POINT, THENCE S 22 DEG. 41 MIN. 51 SEC. E A DISTANCE OF 946.58 FEET TO A POINT, SAID POINT BEING S 08 DEG. 47 MIN. 42 SEC. E A DISTANCE OF 444.32 FEET FROM P.R.M. 73-86-A06-2.

THENCE S 21 DEG. 47 MIN 05 SEC. E A DISTANCE OF 885.38 FEET TO A POINT, THENCE S 21 DEG. 48 MIN. 43 SEC. E A DISTANCE OF 810.62 FEET TO A POINT, THENCE S 21 DEG. 47 MIN. 42 SEC. E A DISTANCE OF 953.06 FEET TO A POINT, THENCE S 20 DEG. 44 MIN. 15 SEC. E A DISTANCE OF 930.21 FEET TO A POINT, SAID POINT BEING S 06 DEG. 51 MIN. 46 SEC. E A DISTANCE OF 537.66 FEET FROM P.R.M. 73-77-A05.

THENCE S 21 DEG. 01 MIN. 11 SEC. E A DISTANCE OF 948.72 FEET TO A POINT, THENCE S 21 DEG. 50 MIN. 22 SEC. E A DISTANCE OF 955.70 FEET TO A POINT, THENCE S 21 DEG. 05 MIN. 06 SEC. E A DISTANCE OF 948.48 FEET TO A POINT, SAID POINT BEING N 59 DEG. 13 MIN. 44 SEC. W A DISTANCE OF 233.56 FEET FROM P.R.M. 73-77-A04.

THENCE S 21 DEG. 05 MIN. 45 SEC. E A DISTANCE OF 942.38 FEET TO A POINT, SAID POINT BEING N 06 DEG. 57 MIN. 14 SEC. W A DISTANCE OF 498.30 FEET FROM P.R.M. 73-77-A03.

THENCE S 20 DEG. 59 MIN. 34 SEC. E A DISTANCE OF 860.02 FEET TO A POINT, THENCE S 20 DEG. 55 MIN. 06 SEC. E A DISTANCE OF 969.37 FEET TO A POINT, SAID POINT BEING N 58 DEG. 27 MIN. 58 SEC. E A DISTANCE OF 96.31 FEET FROM P.R.M. 73-77-A02.

THENCE S 20 DEG. 51 MIN. 06 SEC. E A DISTANCE OF 976.94 FEET TO A POINT, SAID POINT BEING N 60 DEG. 34 MIN. 27 SEC. W A DISTANCE OF 263.25 FEET FROM P.R.M. 73-77-A01.

THENCE S 21 DEG. 54 MIN. 19 SEC. E A DISTANCE OF 949.66 FEET TO A POINT, THENCE S 21 DEG. 41 MIN. 56 SEC. E A DISTANCE OF 951.08 FEET TO A POINT, SAID POINT BEING N 25 DEG. 41 MIN. 00 SEC. W A DISTANCE OF 1324.52 FEET FROM N.G.S. SMITH 1934.

THENCE S 21 DEG. 41 MIN. 56 SEC. E TO THE POINT OF INTERSECTION WITH FLAGLER-VOLUSIA COUNTY LINE, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR FLAGLER COUNTY.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 5-4-88, Formerly 16B-26.020, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.021 Description of the St. Lucie County Coastal Construction Control Line

(1) There is hereby established, pursuant to section 161.053, F.S., the St. Lucie County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for St. Lucie County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE ST. LUCIE COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S. SAID CONTROL LINE LYING ALONG THE COAST OF THE ATLANTIC OCEAN FROM THE ST. LUCIE-INDIAN RIVER COUNTY LINE SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF FT. PIERCE INLET. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF FT. PIERCE INLET, CONTINUING SOUTHERLY TO ITS TERMINUS AT THE ST. LUCIE-MARTIN COUNTY LINE.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “94-77-A01 THROUGH 94-77-A04,” “94-77-A05-2 1987,” “94-77-A06 THROUGH 94-77-A20,” “Z 307 RESET 1987,” “94-77-A21 THROUGH 94-77-A24,” “94-77-A25-2 1987,” “94-77-A26 THROUGH 94-77-A32,” “94-77-A33-2 1987,” “94-77-A34 THROUGH 94-77-A35,” “94-77-A36-2 1987,” “94-77-A37 THROUGH 94-77-A40.” FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.), SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE EAST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON NORTH AMERICAN 1927 DATUM.

THE BEARING BASE FOR THIS DESCRIPTION WAS DETERMINED BY POLARIS OBSERVATIONS MADE AT PERMANENT REFERENCE MONUMENTS (P.R.M.) 94-77-A02, 94-77-A12, 94-77-A25 AND 94-77-A40.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE ST. LUCIE COUNTY, FLORIDA

COMMENCE AT P.R.M. 94-77-A39, THENCE S 24 DEG. 39 MIN. 06 SEC. E A DISTANCE OF 1,835.06 FEET TO THE POINT OF BEGINNING; THENCE N 19 DEG. 25 MIN. 31 SEC. W TO THE INTERSECTION WITH THE ST. LUCIE-INDIAN RIVER COUNTY LINE, SAID POINT BEING THE NORTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR ST. LUCIE COUNTY; THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING.

THENCE S 19 DEG. 25 MIN. 31 SEC. E A DISTANCE OF 981.62 FEET TO A POINT, THENCE S 16 DEG. 31 MIN. 29 SEC. E A DISTANCE OF 988.08 FEET TO A POINT, SAID POINT BEING S 77 DEG. 08 MIN. 36 SEC. E A DISTANCE OF 147.74 FEET FROM P.R.M. 94-77-A38.

THENCE S 16 DEG. 28 MIN. 27 SEC. E A DISTANCE OF 1,024.56 FEET TO A POINT, THENCE S 14 DEG. 34 MIN. 53 SEC. E A DISTANCE OF 970.80 FEET TO A POINT, THENCE S 14 DEG. 19 MIN. 37 SEC. E A DISTANCE OF 992.99 FEET TO A POINT, SAID POINT BEING S 59 DEG. 02 MIN. 19 SEC. E A DISTANCE OF 96.33 FEET FROM P.R.M. 94-77-A37.

THENCE S 14 DEG. 37 MIN. 40 SEC. E A DISTANCE OF 1,006.60 FEET TO A POINT, THENCE S 14 DEG. 13 MIN. 26 SEC. E A DISTANCE OF 998.28 FEET TO A POINT, THENCE S 16 DEG. 47 MIN. 34 SEC. E A DISTANCE OF 964.11 FEET TO A POINT, SAID POINT BEING S 06 DEG. 11 MIN. 10 SEC. E A DISTANCE OF 167.12 FEET FROM P.R.M. 94-77-A36-2 1987.

THENCE S 15 DEG. 37 MIN. 52 SEC. E A DISTANCE OF 979.80 FEET TO A POINT, THENCE S 15 DEG. 42 MIN. 34 SEC. E A DISTANCE OF 993.38 FEET TO A POINT, SAID POINT BEING N 28 DEG. 24 MIN. 57 SEC. W A DISTANCE OF 221.86 FEET FROM P.R.M. 94-77-A35.

THENCE S 15 DEG. 13 MIN. 42 SEC. E A DISTANCE OF 981.14 FEET TO A POINT, THENCE S 17 DEG. 44 MIN. 27 SEC. E A DISTANCE OF 997.39 FEET TO A POINT, SAID POINT BEING N 06 DEG. 00 MIN. 51 SEC. W A DISTANCE OF 401.04 FEET FROM P.R.M. 94-77-A34.

THENCE S 18 DEG. 52 MIN. 19 SEC. E A DISTANCE OF 989.71 FEET TO A POINT, THENCE S 21 DEG. 52 MIN. 39 SEC. E A DISTANCE OF 987.22 FEET TO A POINT, SAID POINT BEING IN 19 DEG. 10 MIN. 19 SEC. W A DISTANCE OF 454.33 FEET FROM P.R.M. 94-77-A33-2 1987.

THENCE S 22 DEG. 21 MIN. 47 SEC. E A DISTANCE OF 986.46 FEET TO A POINT, THENCE S 23 DEG. 08 MIN. 51 SEC. E A DISTANCE OF 991.55 FEET TO A POINT, THENCE S 22 DEG. 19 MIN. 40 SEC. E A DISTANCE OF 984.56 FEET TO A POINT, SAID POINT BEING S 37 DEG. 45 MIN. 58 SEC. E A DISTANCE OF 424.22 FEET FROM P.R.M. 94-77-A32.

THENCE S 23 DEG. 07 MIN. 22 SEC. E A DISTANCE OF 988.07 FEET TO A POINT, THENCE S 21 DEG. 17 MIN. 17 SEC. E A DISTANCE OF 966.94 FEET TO A POINT, THENCE S 20 DEG. 56 MIN. 43 SEC. E A DISTANCE OF 987.58 FEET TO A POINT, THENCE S 19 DEG. 21 MIN. 49 SEC. E A DISTANCE OF 984.41 FEET TO A POINT, SAID POINT BEING N 40 DEG. 39 MIN. 34 SEC. E A DISTANCE OF 482.67 FEET FROM P.R.M. 94-77-A31.

THENCE S 18 DEG. 14 MIN. 42 SEC. E A DISTANCE OF 993.40 FEET TO A POINT, THENCE S 18 DEG. 22 MIN. 21 SEC. E A DISTANCE OF 981.68 FEET TO A POINT, SAID POINT BEING N 32 DEG. 59 MIN. 32 SEC. E A DISTANCE OF 320.24 FEET FROM P.R.M. 94-77-A30.

THENCE S 15 DEG. 54 MIN. 46 SEC. E A DISTANCE OF 821.75 FEET TO A POINT, THENCE S 17 DEG. 32 MIN. 56 SEC. E A DISTANCE OF 1153.43 FEET TO A POINT, THENCE S 12 DEG. 47 MIN. 19 SEC. E A DISTANCE OF 1,007.76 FEET TO A POINT, SAID POINT BEING S 60 DEG. 16 MIN. 48 SEC. E A DISTANCE OF 368.55 FEET FROM P.R.M. 94-77-A29.

THENCE S 16 DEG. 15 MIN. 20 SEC. E A DISTANCE OF 969.62 FEET TO A POINT, THENCE S 18 DEG. 15 MIN. 51 SEC. E A DISTANCE OF 1,009.92 FEET TO A POINT, SAID POINT BEING N 87 DEG. 06 MIN. 38 SEC. E A DISTANCE OF 851.32 FEET FROM P.R.M. 94-77-A28.

THENCE S 20 DEG. 24 MIN. 12 SEC. E A DISTANCE OF 1,044.73 FEET TO A POINT, THENCE S 22 DEG. 44 MIN. 13 SEC. E A DISTANCE OF 981.18 FEET TO A POINT, SAID POINT BEING S 81 DEG. 48 MIN. 16 SEC. E A DISTANCE OF 664.45 FEET FROM P.R.M. 94-77-A27.

THENCE S 20 DEG. 07 MIN. 27 SEC. E A DISTANCE OF 1,016.63 FEET TO A POINT, THENCE S 22 DEG. 04 MIN. 57 SEC. E A DISTANCE OF 1001.88 FEET TO A POINT, SAID POINT BEING N 76 DEG. 53 MIN. 44 SEC. E A DISTANCE OF 583.79 FEET FROM P.R.M. 94-77-A26.

THENCE S 22 DEG. 04 MIN. 57 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH SHORE OF FORT PIERCE INLET, THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 76 DEG. 53 MIN. 44 SEC. E A DISTANCE OF 583.79 FEET FROM P.R.M. 94-77-A26.

RECOMMENCE AT P.R.M. PIERCE 2, THENCE S 70 DEG. 58 MIN. 41 SEC. W A DISTANCE OF 366.67 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 06 DEG. 34 MIN. 44 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTH SHORE OF FT. PIERCE INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 70 DEG. 58 MIN. 41 SEC. W A DISTANCE OF 366.67 FEET FROM P.R.M. PIERCE 2.

THENCE S 06 DEG. 34 MIN. 44 SEC. E A DISTANCE OF 981.67 FEET TO A POINT, THENCE S 15 DEG. 41 MIN. 33 SEC. E A DISTANCE OF 1,000.85 FEET TO A POINT, THENCE S 21 DEG. 23 MIN. 19 SEC. E A DISTANCE OF 981.64 FEET TO A POINT, SAID POINT BEING N 59 DEG. 45 MIN. 59 SEC. W A DISTANCE OF 536.70 FEET FROM P.R.M. 94-77-A25-2 1987.

THENCE S 21 DEG. 35 MIN. 14 SEC. E A DISTANCE OF 993.33 FEET TO A POINT, THENCE S 19 DEG. 22 MIN. 58 SEC. E A DISTANCE OF 986.57 FEET TO A POINT, THENCE S 19 DEG. 52 MIN. 10 SEC. E A DISTANCE OF 953.84 FEET TO A POINT, SAID POINT BEING N 55 DEG. 03 MIN. 47 SEC. W A DISTANCE OF 397.28 FEET FROM P.R.M. 94-77-A24.

THENCE S 19 DEG. 14 MIN. 27 SEC. E A DISTANCE OF 981.59 FEET TO A POINT, THENCE S 22 DEG. 39 MIN. 53 SEC. E A DISTANCE OF 1,002.39 FEET TO A POINT, THENCE S 22 DEG. 39 MIN. 40 SEC. E A DISTANCE OF 986.38 FEET TO A POINT, SAID POINT BEING N 71 DEG. 33 MIN. 51 SEC. E A DISTANCE OF 762.79 FEET FROM P.R.M. 94-77-A23.

THENCE S 20 DEG. 46 MIN. 01 SEC. E A DISTANCE OF 988.35 FEET TO A POINT, THENCE S 20 DEG. 06 MIN. 10 SEC. E A DISTANCE OF 1,035.37 FEET TO A POINT, THENCE S 17 DEG. 52 MIN. 49 SEC. E A DISTANCE OF 1,020.04 FEET TO A POINT, THENCE S 17 DEG. 55 MIN. 30 SEC. E A DISTANCE OF 968.02 FEET TO A POINT, THENCE S 20 DEG. 34 MIN. 26 SEC. E A DISTANCE OF 975.83 FEET TO A POINT, SAID POINT BEING S 66 DEG. 01 MIN. 41 SEC. E A DISTANCE OF 2,592.34 FEET FROM P.R.M. 94-77-A22.

THENCE S 17 DEG. 12 MIN. 22 SEC. E A DISTANCE OF 980.87 FEET TO A POINT, SAID POINT BEING S 71 DEG. 12 MIN. 17 SEC. E A DISTANCE OF 2574.02 FEET FROM P.R.M. 94-77-A21.

THENCE S 17 DEG. 24 MIN. 25 SEC. E A DISTANCE OF 1,021.32 FEET TO A POINT, SAID POINT BEING N 71 DEG. 12 MIN. 25 SEC. E A DISTANCE OF 887.48 FEET FROM P.R.M. Z 307 RESET 1987.

THENCE S 15 DEG. 55 MIN. 01 SEC. E A DISTANCE OF 986.86 FEET TO A POINT, THENCE S 19 DEG. 09 MIN. 00 SEC. E A DISTANCE OF 995.53 FEET TO A POINT, THENCE S 20 DEG. 58 MIN. 50 SEC. E A DISTANCE OF 996.53 FEET TO A POINT, THENCE S 21 DEG. 46 MIN. 40 SEC. E A DISTANCE OF 990.92 FEET TO A POINT, SAID POINT BEING S 77 DEG. 55 MIN. 37 SEC. E A DISTANCE OF 1,089.00 FEET FROM P.R.M. 94-77-A20.

THENCE S 22 DEG. 01 MIN. 04 SEC. E A DISTANCE OF 959.90 FEET TO A POINT, THENCE S 18 DEG. 51 MIN. 37 SEC. E A DISTANCE OF 974.41 FEET TO A POINT, THENCE S 19 DEG. 50 MIN. 21 SEC. E A DISTANCE OF 997.47 FEET TO A POINT, SAID POINT BEING N 74 DEG. 36 MIN. 13 SEC. E A DISTANCE OF 1,030.36 FEET FROM P.R.M. 94-77-A19.

THENCE S 20 DEG. 00 MIN. 14 SEC. E A DISTANCE OF 1,080.35 FEET TO A POINT, THENCE S 19 DEG. 39 MIN. 30 SEC. E A DISTANCE OF 862.82 FEET TO A POINT, THENCE S 20 DEG. 12 MIN. 09 SEC. E A DISTANCE OF 1,015.04 FEET TO A POINT, SAID POINT BEING N 52 DEG. 28 MIN. 57 SEC. E A DISTANCE OF 535.34 FEET FROM P.R.M. 94-77-A18.

THENCE S 21 DEG. 27 MIN. 16 SEC. E A DISTANCE OF 1,031.88 FEET TO A POINT, THENCE S 22 DEG. 10 MIN. 03 SEC. E A DISTANCE OF 1,082.79 FEET TO A POINT, THENCE S 22 DEG. 05 MIN. 33 SEC. E A DISTANCE OF 865.75 FEET TO A POINT, SAID POINT BEING N 88 DEG. 41 MIN. 45 SEC. E A DISTANCE OF 129.92 FEET FROM P.R.M. 94-77-A17.

THENCE S 21 DEG. 24 MIN. 08 SEC. E A DISTANCE OF 1,005.92 FEET TO A POINT, THENCE S 25 DEG. 34 MIN. 00 SEC. E A DISTANCE OF 978.74 FEET TO A POINT, SAID POINT BEING N 08 DEG. 54 MIN. 19 SEC. W A DISTANCE OF 589.77 FEET FROM P.R.M. 94-77-A16.

THENCE S 24 DEG. 20 MIN. 11 SEC. E A DISTANCE OF 996.45 FEET TO A POINT, THENCE S 25 DEG. 44 MIN. 08 SEC. E A DISTANCE OF 1,009.39 FEET TO A POINT, THENCE S 24 DEG. 58 MIN. 22 SEC. E A DISTANCE OF 968.17 FEET TO A POINT, THENCE S 27 DEG. 48 MIN. 39 SEC. E A DISTANCE OF 979.31 FEET TO A POINT, THENCE S 26 DEG. 44 MIN. 27 SEC. E A DISTANCE OF 1,008.44 FEET TO A POINT, SAID POINT BEING S 74 DEG. 47 MIN. 15 SEC. E A DISTANCE OF 534.41 FEET FROM P.R.M. 94-77-A15.

THENCE S 26 DEG. 44 MIN. 24 SEC. E A DISTANCE OF 1,046.33 FEET TO A POINT, THENCE S 25 DEG. 58 MIN. 19 SEC. E A DISTANCE OF 922.63 FEET TO A POINT, THENCE S 26 DEG. 51 MIN. 29 SEC. E A DISTANCE OF 990.07 FEET TO A POINT, THENCE S 28 DEG. 16 MIN. 16 SEC. E A DISTANCE OF 998.48 FEET TO A POINT, THENCE S 25 DEG. 43 MIN. 40 SEC. E A DISTANCE OF 991.88 FEET TO A POINT, THENCE S 26 DEG. 52 MIN. 04 SEC. E A DISTANCE OF 1005.56 FEET TO A POINT, SAID POINT BEING N 85 DEG. 39 MIN. 42 SEC. E A DISTANCE OF 948.06 FEET FROM P.R.M. 94-77-A14.

THENCE S 26 DEG. 00 MIN. 19 SEC. E A DISTANCE OF 990.78 FEET TO A POINT, THENCE S 25 DEG. 11 MIN. 03 SEC. E A DISTANCE OF 961.78 FEET TO A POINT, THENCE S 22 DEG. 55 MIN. 24 SEC. E A DISTANCE OF 971.82 FEET TO A POINT, SAID POINT BEING N 54 DEG. 03 MIN. 32 SEC. E A DISTANCE OF 1,420.98 FEET FROM P.R.M. 94-77-A13.

THENCE S 25 DEG. 14 MIN. 32 SEC. E A DISTANCE OF 985.91 FEET TO A POINT, THENCE S 25 DEG. 38 MIN. 25 SEC. E A DISTANCE OF 972.83 FEET TO A POINT, SAID POINT BEING N 74 DEG. 24 MIN. 06 SEC. E A DISTANCE OF 1375.16 FEET FROM P.R.M. 94-77-A12.

THENCE S 24 DEG. 19 MIN. 15 SEC. E A DISTANCE OF 983.89 FEET TO A POINT, THENCE S 22 DEG. 56 MIN. 20 SEC. E A DISTANCE OF 984.27 FEET TO A POINT, SAID POINT BEING N 61 DEG. 27 MIN. 37 SEC. E A DISTANCE OF 1,099.32 FEET FROM P.R.M. 94-77-A11.

THENCE S 22 DEG. 40 MIN. 14 SEC. E A DISTANCE OF 979.33 FEET TO A POINT, THENCE S 18 DEG. 38 MIN. 07 SEC. E A DISTANCE OF 968.92 FEET TO A POINT, THENCE S 20 DEG. 04 MIN. 47 SEC. E A DISTANCE OF 998.70 FEET TO A POINT, SAID POINT BEING N 76 DEG. 17 MIN. 32 SEC. E A DISTANCE OF 747.76 FEET FROM P.R.M. 94-77-A10.

THENCE S 15 DEG. 42 MIN. 10 SEC. E A DISTANCE OF 1,000.60 FEET TO A POINT, THENCE S 21 DEG. 26 MIN. 19 SEC. E A DISTANCE OF 983.31 FEET TO A POINT, THENCE S 22 DEG. 37 MIN. 35 SEC. E ADISTANCE OF 1,034.95 FEET TO A POINT, SAID POINT BEING N 40 DEG. 57 MIN. 13 SEC. E A DISTANCE OF 605.18 FEET FROM P.R.M. 94-77-A09.

THENCE S 17 DEG. 45 MIN. 44 SEC. E A DISTANCE OF 945.85 FEET TO A POINT, THENCE S 17 DEG. 37 MIN. 53 SEC. E A DISTANCE OF 1,004.86 FEET TO A POINT, THENCE S 20 DEG. 32 MIN. 25 SEC. E A DISTANCE OF 971.82 FEET TO A POINT, THENCE S 20 DEG. 59 MIN. 06 SEC. E A DISTANCE OF 962.24 FEET TO A POINT, SAID POINT BEING N 06 DEG. 15 MIN. 27 SEC. W A DISTANCE OF 363.94 FEET FROM P.R.M. 94-77-A08.

THENCE S 22 DEG. 42 MIN. 46 SEC. E A DISTANCE OF 973.90 FEET TO A POINT, THENCE S 22 DEG. 38 MIN. 14 SEC. E A DISTANCE OF 986.72 FEET TO A POINT, THENCE S 22 DEG. 29 MIN. 11 SEC. E A DISTANCE OF 999.80 FEET TO A POINT, THENCE S 21 DEG. 51 MIN. 16 SEC. E A DISTANCE OF 997.33 FEET TO A POINT, SAID POINT BEING N 07 DEG. 17 MIN. 01 SEC. W A DISTANCE OF 256.84 FEET FROM P.R.M. 94-77-A07.

THENCE S 22 DEG. 14 MIN. 04 SEC. E A DISTANCE OF 990.86 FEET TO A POINT, THENCE S 22 DEG. 08 MIN. 14 SEC. E A DISTANCE OF 972.35 FEET TO A POINT, THENCE S 22 DEG. 07 MIN. 51 SEC. E A DISTANCE OF 998.49 FEET TO A POINT, THENCE S 22 DEG. 14 MIN. 08 SEC. E A DISTANCE OF 988.33 FEET TO A POINT, SAID POINT BEING N 70 DEG. 23 MIN. 48 SEC. E A DISTANCE OF 213.36 FEET FROM P.R.M. 94-77-A06.

THENCE S 22 DEG. 04 MIN. 42 SEC. E A DISTANCE OF 980.19 FEET TO A POINT, THENCE S 20 DEG. 56 MIN. 38 SEC. E A DISTANCE OF 987.01 FEET TO A POINT, THENCE S 21 DEG. 31 MIN. 01 SEC. E A DISTANCE OF 972.11 FEET TO A POINT, THENCE S 21 DEG. 49 MIN. 32 SEC. E A DISTANCE OF 1,007.57 FEET TO A POINT, SAID POINT BEING N 81 DEG. 05 MIN. 03 SEC. E A DISTANCE OF 252.27 FEET FROM P.R.M. 94-77-A05-2 1987.

THENCE S 22 DEG. 04 MIN. 19 SEC. E A DISTANCE OF 941.39 FEET TO A POINT, THENCE S 21 DEG. 36 MIN. 54 SEC. E A DISTANCE OF 1,039.72 FEET TO A POINT, SAID POINT BEING N 06 DEG. 53 MIN. 13 SEC. E A DISTANCE OF 300.02 FEET FROM P.R.M. 94-77-A04.

THENCE S 23 DEG. 14 MIN. 08 SEC. E A DISTANCE OF 977.70 FEET TO A POINT, THENCE S 23 DEG. 08 MIN. 37 SEC. E A DISTANCE OF 1,103.09 FEET TO A POINT, THENCE S 25 DEG. 12 MIN. 51 SEC. E A DISTANCE OF 1,065.56 FEET TO A POINT, THENCE S 23 DEG. 36 MIN. 46 SEC. E A DISTANCE OF 820.65 FEET TO A POINT, SAID POINT BEING N 20 DEG. 43 MIN. 54 SEC. E A DISTANCE OF 352.97 FEET FROM P.R.M. 94-77-A03.

THENCE S 23 DEG. 43 MIN. 39 SEC. E A DISTANCE OF 1,130.37 FEET TO A POINT, THENCE S 23 DEG. 25 MIN. 48 SEC. E A DISTANCE OF 1,012.73 FEET TO A POINT, THENCE S 22 DEG. 56 MIN. 29 SEC. E A DISTANCE OF 786.79 FEET TO A POINT, THENCE S 22 DEG. 59 MIN. 26 SEC. E A DISTANCE OF 982.50 FEET TO A POINT, SAID POINT BEING S 32 DEG. 52 MIN. 30 SEC. E A DISTANCE OF 897.00 FEET FROM P.R.M. 94-77-A02.

THENCE S 24 DEG. 57 MIN. 04 SEC. E TO THE POINT OF INTERSECTION WITH THE ST. LUCIE-MARTIN COUNTY LINE, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 9-15-88, Formerly 16B-26.021, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.022 Description of the Collier County Coastal Construction Control Line

(1) There is hereby established, pursuant to section 161.053, F.S., the Collier County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Collier County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE COLLIER COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053, F.S. SAID CONTROL LINE LYING ALONG THE COAST OF THE GULF OF MEXICO FROM THE COLLIER-LEE COUNTY LINE SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF WIGGINS PASS. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF WIGGINS PASS CONTINUING SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF MOORINGS PASS (DOCTORS PASS). RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF MOORINGS PASS (DOCTORS PASS) CONTINUING SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF GORDON PASS. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF GORDON PASS CONTINUING SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF LITTLE MARCO PASS. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF BIG MARCO PASS CONTINUING SOUTHERLY TO ITS TERMINUS AT THE NORTH MEAN HIGH WATER LINE OF CAXAMBAS PASS.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “WIGGINS 1934,” “64-78-A01-2 1987” THROUGH “64-78-A02,” “64-78-A03-2 1987” THROUGH “VANDER 1955,” “64-78-A07,” “64-78-A08,” “64-78-A09-2 1987,” “64-78-A10” THROUGH “64-78-A15,” “64-78-A15-2 1978,” “64-78-A16” THROUGH “64-78-A17,” “64-78-A18-2 1987,” “64-78-A19-2 1987,” “64-78-A20” THROUGH “64-78-A21,” “COL 46 1986,” “64-78-A22-2 1987,” “64-78-A23” THROUGH “64-78-A24,” “64-78-A25-2 1987,” “64-78-A26” THROUGH “CAXAMBAS 1959.” FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.), SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE EAST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON 1974 ADJUSTMENT OF NORTH AMERICAN 1927 DATUM.

THE BEARING BASE FOR THIS DESCRIPTION WAS DETERMINED BY POLARIS OBSERVATIONS MADE AT PERMANENT REFERENCE MONUMENTS (P.R.M.) WIGGINS 1934 AND CAXAMBAS 1959.

COMMENCE AT P.R.M. WIGGINS 1934 THENCE S 75 DEG. 47 MIN. 04 SEC. E A DISTANCE OF 998.74 FEET TO THE POINT OF BEGINNING; THENCE N 14 DEG. 16 MIN. 51 SEC. E TO THE POINT OF INTERSECTION WITH THE COLLIER-LEE COUNTY LINE, SAID POINT BEING THE NORTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR COLLIER COUNTY; THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING SAID POINT BEING S 75 DEG. 47 MIN. 04 SEC. E A DISTANCE OF 998.74 FEET FROM P.R.M. WIGGINS 1934.

THENCE S 14 DEG. 16 MIN. 51 SEC. W A DISTANCE OF 971.04 FEET TO A POINT, THENCE S 23 DEG. 12 MIN. 40 SEC. E A DISTANCE OF 1,048.71 FEET TO A POINT, THENCE S 22 DEG. 43 MIN. 47 SEC. E A DISTANCE OF 1,044.21 FEET TO A POINT, THENCE S 21 DEG. 38 MIN. 26 SEC. E A DISTANCE OF 387.56 FEET TO A POINT, THENCE N 67 DEG. 48 MIN. 01 SEC. E A DISTANCE OF 324.56 FEET TO A POINT, THENCE S 08 DEG. 15 MIN. 20 SEC. E A DISTANCE OF 736.28 FEET TO A POINT, SAID POINT BEING N 89 DEG. 56 MIN. 25 SEC. E A DISTANCE OF 865.62 FEET FROM P.R.M. 64-78-A01-2 1987.

THENCE S 08 DEG. 09 MIN. 02 SEC. E A DISTANCE OF 950.59 FEET TO A POINT, THENCE S 17 DEG. 45 MIN. 07 SEC. E A DISTANCE OF 1,022.90 FEET TO A POINT, THENCE S 16 DEG. 18 MIN. 16 SEC. E A DISTANCE OF 1,055.42 FEET TO A POINT, THENCE S 16 DEG. 59 MIN. 35 SEC. E A DISTANCE OF 637.00 FEET TO A POINT, THENCE S 72 DEG. 20 MIN. 26 SEC. E A DISTANCE OF 174.31 FEET TO A POINT, THENCE S 15 DEG. 10 MIN. 19 SEC. E A DISTANCE OF 268.91 FEET TO A POINT, SAID POINT BEING N 87 DEG. 25 MIN. 06 SEC. E A DISTANCE OF 679.46 FEET FROM P.R.M. 64-78-A02.

THENCE S 15 DEG. 13 MIN. 36 SEC. E A DISTANCE OF 1005.09 FEET TO A POINT, THENCE S 13 DEG. 53 MIN. 56 SEC. E A DISTANCE OF 1,004.07 FEET TO A POINT, THENCE S 11 DEG. 04 MIN. 37 SEC. E A DISTANCE OF 1,021.98 FEET TO A POINT, THENCE S 12 DEG. 52 MIN. 39 SEC. E A DISTANCE OF 996.42 FEET TO A POINT, THENCE S 12 DEG. 53 MIN. 38 SEC. E A DISTANCE OF 996.22 FEET TO A POINT, THENCE S 14 DEG. 16 MIN. 23 SEC. E A DISTANCE OF 980.22 FEET TO A POINT, SAID POINT BEING N 43 DEG. 01 MIN. 17 SEC. E A DISTANCE OF 657.26 FEET FROM P.R.M. 64-78-A03-2 1987.

THENCE S 14 DEG. 19 MIN. 00 SEC. E A DISTANCE OF 680.00 FEET TO A POINT, SAID POINT BEING S 73 DEG. 52 MIN. 00 SEC. E A DISTANCE OF 641.86 FEET FROM P.R.M. 64-78-A03-2 1987.

THENCE S 14 DEG. 19 MIN. 00 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH SHORE OF WIGGINS PASS, THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 73 DEG. 52 MIN. 00 SEC. E A DISTANCE OF 641.86 FEET FROM P.R.M. 64-78-A03-2 1987.

RECOMMENCE AT P.R.M. 64-78-A03-2 1987; THENCE S 29 DEG. 02 MIN. 44 SEC. E A DISTANCE OF 1960.37 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 08 DEG. 50 MIN. 18 SEC. W TO THE MEAN HIGH WATER LINE OF THE SOUTH SHORE OF WIGGINS PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION LINE, SAID POINT BEING S 29 DEG. 02 MIN. 44 SEC. E A DISTANCE OF 1,960.37 FEET FROM P.R.M. 64-78-A03-2 1987.

THENCE S 42 DEG. 21 MIN. 11 SEC. W A DISTANCE OF 298.42 FEET TO A POINT, THENCE S 13 DEG. 21 MIN. 59 SEC. E A DISTANCE OF 508.53 FEET TO A POINT, THENCE S 38 DEG. 47 MIN. 39 SEC. E A DISTANCE OF 343.25 FEET TO A POINT, THENCE S 12 DEG. 26 MIN. 54 SEC. E A DISTANCE OF 1,053.46 FEET TO A POINT, THENCE S 08 DEG. 50 MIN. 54 SEC. E A DISTANCE OF 1,023.62 FEET TO A POINT, SAID POINT BEING N 45 DEG. 28 MIN. 14 SEC. E A DISTANCE OF 564.67 FEET FROM P.R.M. 64-78-A04.

THENCE S 10 DEG. 38 MIN. 21 SEC. E A DISTANCE OF 1,025.93 FEET TO A POINT, THENCE S 11 DEG. 32 MIN. 24 SEC. E A DISTANCE OF 1,039.81 FEET TO A POINT, THENCE S 09 DEG. 53 MIN. 26 SEC. E A DISTANCE OF 257.20 FEET TO A POINT, THENCE S 59 DEG. 47 MIN. 15 SEC. E A DISTANCE OF 762.11 FEET TO A POINT, THENCE S 08 DEG. 32 MIN. 54 SEC. W A DISTANCE OF 320.33 FEET TO A POINT, THENCE S 10 DEG. 42 MIN. 59 SEC. W A DISTANCE OF 369.80 FEET TO A POINT, THENCE S 21 DEG. 44 MIN. 46 SEC. W A DISTANCE OF 519.47 FEET TO A POINT, THENCE S 14 DEG. 47 MIN. 10 SEC. E A DISTANCE OF 108.40 FEET TO A POINT, THENCE S 13 DEG. 07 MIN. 08 SEC. E A DISTANCE OF 1,135.56 FEET TO A POINT, THENCE S 05 DEG. 01 MIN. 38 SEC. E A DISTANCE OF 982.52 FEET TO A POINT, SAID POINT BEING N 46 DEG. 48 MIN. 32 SEC. E A DISTANCE OF 354.70 FEET FROM P.R.M. 64-78-A05.

THENCE S 11 DEG. 14 MIN. 58 SEC. E A DISTANCE OF 946.10 FEET TO A POINT, THENCE S 08 DEG. 11 MIN. 34 SEC. E A DISTANCE OF 1,280.24 FEET TO A POINT, SAID POINT BEING N 29 DEG. 26 MIN. 29 SEC. E A DISTANCE OF 534.02 FEET FROM P.R.M. 64-78-A06.

THENCE S 08 DEG. 14 MIN. 20 SEC. E A DISTANCE OF 422.55 FEET TO A POINT, THENCE S 85 DEG. 04 MIN. 13 SEC. E A DISTANCE OF 466.88 FEET TO A POINT, THENCE S 06 DEG. 25 MIN. 02 SEC. E A DISTANCE OF 352.20 FEET TO A POINT, SAID POINT BEING N 81 DEG. 56 MIN. 34 SEC. E A DISTANCE OF 670.58 FEET FROM P.R.M. VANDER 1955.

THENCE S 07 DEG. 17 MIN. 06 SEC. E A DISTANCE OF 1,017.88 FEET TO A POINT, THENCE S 10 DEG. 26 MIN. 30 SEC. E A DISTANCE OF 1,041.03 FEET TO A POINT, THENCE S 37 DEG. 03 MIN. 38 SEC. E A DISTANCE OF 543.78 FEET TO A POINT, THENCE S 02 DEG. 41 MIN. 32 SEC. E A DISTANCE OF 555.78 FEET TO A POINT, THENCE S 02 DEG. 23 MIN. 24 SEC. E A DISTANCE OF 521.91 FEET TO A POINT, THENCE S 81 DEG. 55 MIN. 37 SEC. W A DISTANCE OF 315.09 FEET TO A POINT, THENCE S 09 DEG. 16 MIN. 40 SEC. E A DISTANCE OF 432.86 FEET TO A POINT, SAID POINT BEING S 66 DEG. 08 MIN. 27 SEC. E A DISTANCE OF 620.05 FEET FROM P.R.M. 64-78-A07.

THENCE S 09 DEG. 41 MIN. 16 SEC. E A DISTANCE OF 1,025.92 FEET TO A POINT, THENCE S 06 DEG. 25 MIN. 47 SEC. E A DISTANCE OF 998.79 FEET TO A POINT, THENCE S 07 DEG. 46 MIN. 13 SEC. E A DISTANCE OF 1,001.77 FEET TO A POINT, THENCE S 17 DEG. 47 MIN. 07 SEC. E A DISTANCE OF 1,098.58 FEET TO A POINT, SAID POINT BEING N 89 DEG. 58 MIN. 49 SEC. E A DISTANCE OF 669.45 FEET FROM P.R.M. 64-78-A08.

THENCE S 15 DEG. 11 MIN. 04 SEC. E A DISTANCE OF 86.63 FEET TO A POINT, THENCE S 39 DEG. 33 MIN. 12 SEC. W A DISTANCE OF 691.93 FEET TO A POINT, THENCE S 23 DEG. 50 MIN. 17 SEC. E A DISTANCE OF 386.92 FEET TO A POINT, THENCE S 36 DEG. 22 MIN. 39 SEC. E A DISTANCE OF 332.67 FEET TO A POINT, THENCE S 04 DEG. 05 MIN. 25 SEC. E A DISTANCE OF 752.64 FEET TO A POINT, THENCE S 04 DEG. 06 MIN. 10 SEC. E A DISTANCE OF 1,008.35 FEET TO A POINT, SAID POINT BEING N 50 DEG. 28 MIN. 15 SEC. E A DISTANCE OF 581.62 FEET FROM P.R.M. 64-78-A09-2 1987.

THENCE S 07 DEG. 03 MIN. 45 SEC. E A DISTANCE OF 1,004.93 FEET TO A POINT, THENCE S 20 DEG. 24 MIN. 56 SEC. E A DISTANCE OF 1,079.70 FEET TO A POINT, THENCE S 05 DEG. 29 MIN. 17 SEC. E A DISTANCE OF 980.06 FEET TO A POINT, THENCE S 79 DEG. 07 MIN. 02 SEC. W A DISTANCE OF 618.36 FEET TO A POINT, THENCE S 51 DEG. 14 MIN. 33 SEC. E A DISTANCE OF 430.31 FEET TO A POINT, THENCE S 39 DEG. 01 MIN. 28 SEC. W A DISTANCE OF 410.94 FEET TO A POINT, THENCE S 08 DEG. 43 MIN. 33 SEC. E A DISTANCE OF 406.87 FEET TO A POINT, THENCE S 03 DEG. 53 MIN. 02 SEC. E A DISTANCE OF 448.74 FEET TO A POINT, THENCE S 65 DEG. 52 MIN. 50 SEC. E A DISTANCE OF 776.06 FEET TO A POINT, THENCE S 03 DEG. 20 MIN. 06 SEC. E A DISTANCE OF 277.13 FEET TO A POINT, THENCE S 02 DEG. 47 MIN. 35 SEC. E A DISTANCE OF 760.11 FEET TO A POINT, THENCE S 56 DEG. 48 MIN. 12 SEC. W A DISTANCE OF 632.42 FEET TO A POINT, SAID POINT BEING S 38 DEG. 32 MIN. 00 SEC. E A DISTANCE OF 427.00 FEET FROM P.R.M. 64-78-A10.

THENCE S 02 DEG. 14 MIN. 11 SEC. E A DISTANCE OF 974.18 FEET TO A POINT, THENCE S 00 DEG. 47 MIN. 02 SEC. E A DISTANCE OF 933.07 FEET TO A POINT, THENCE S 00 DEG. 57 MIN. 13 SEC. E A DISTANCE OF 1,067.25 FEET TO A POINT, THENCE S 35 DEG. 02 MIN. 50 SEC. E A DISTANCE OF 1,326.21 FEET TO A POINT, THENCE S 01 DEG. 40 MIN. 43 SEC. W A DISTANCE OF 1,326.28 FEET TO A POINT, SAID POINT BEING S 71 DEG. 12 MIN. 27 SEC. E A DISTANCE OF 881.24 FEET FROM P.R.M. 64-78-A11.

THENCE S 25 DEG. 47 MIN. 39 SEC. W A DISTANCE OF 974.66 FEET TO A POINT, THENCE S 02 DEG. 59 MIN. 41 SEC. E A DISTANCE OF 1,045.50 FEET TO A POINT, THENCE S 03 DEG. 05 MIN. 26 SEC. E A DISTANCE OF 1,071.99 FEET TO A POINT, THENCE S 02 DEG. 54 MIN. 42 SEC. E A DISTANCE OF 1,047.64 FEET TO A POINT, THENCE S 05 DEG. 00 MIN. 33 SEC. E A DISTANCE OF 922.88 FEET TO A POINT, THENCE S 04 DEG. 28 MIN. 36 SEC. E A DISTANCE OF 766.49 FEET TO A POINT, SAID POINT BEING N 33 DEG. 38 MIN. 07 SEC. E A DISTANCE OF 664.29 FEET FROM P.R.M. 64-78-A12.

THENCE S 15 DEG. 49 MIN. 37 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH SHORE OF MOORINGS PASS (DOCTORS PASS), THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 33 DEG. 38 MIN. 07 SEC. E A DISTANCE OF 664.29 FEET FROM P.R.M. 64-78-A12.

RECOMMENCE AT P.R.M. 64-78-A12; THENCE S 36 DEG. 30 MIN. 58 SEC. E A DISTANCE OF 1,483.03 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 16 DEG. 04 MIN. 53 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTH SHORE OF MOORINGS PASS (DOCTORS PASS); THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 36 DEG. 30 MIN. 58 SEC. E A DISTANCE OF 1,483.03 FEET FROM P.R.M. 64-78-A12.

THENCE S 16 DEG. 04 MIN. 53 SEC. E A DISTANCE OF 1,013.41 FEET TO A POINT, THENCE S 09 DEG. 14 MIN. 45 SEC. E A DISTANCE OF 1,057.55 FEET TO A POINT, THENCE S 09 DEG. 20 MIN. 23 SEC. E A DISTANCE OF 466.83 FEET TO A POINT, THENCE S 82 DEG. 35 MIN. 58 SEC. E A DISTANCE OF 492.07 FEET TO A POINT, THENCE S 10 DEG. 17 MIN. 29 SEC. E A DISTANCE OF 520.97 FEET TO A POINT, THENCE S 00 DEG. 27 MIN. 39 SEC. W A DISTANCE OF 1,020.45 FEET TO A POINT, THENCE S 00 DEG. 15 MIN. 02 SEC. W A DISTANCE OF 984.09 FEET TO A POINT, SAID POINT BEING N 72 DEG. 41 MIN. 45 SEC. E A DISTANCE OF 405.51 FEET FROM P.R.M. 64-78-A13.

THENCE S 09 DEG. 17 MIN. 15 SEC. E A DISTANCE OF 867.29 FEET TO A POINT, THENCE S 09 DEG. 29 MIN. 59 SEC. E A DISTANCE OF 780.87 FEET TO A POINT, THENCE S 07 DEG. 12 MIN. 12 SEC. E A DISTANCE OF 825.82 FEET TO A POINT, THENCE S 07 DEG. 10 MIN. 30 SEC. E A DISTANCE OF 798.07 FEET TO A POINT, THENCE S 03 DEG. 23 MIN. 27 SEC. E A DISTANCE OF 811.51 FEET TO A POINT, THENCE S 03 DEG. 25 MIN. 29 SEC. E A DISTANCE OF 811.87 FEET TO A POINT, SAID POINT BEING N 36 DEG. 17 MIN. 18 SEC. E A DISTANCE OF 546.46 FEET FROM P.R.M. 64-78-A14.

THENCE S 03 DEG. 05 MIN. 44 SEC. E A DISTANCE OF 801.51 FEET TO A POINT, THENCE S 03 DEG. 21 MIN. 32 SEC. E A DISTANCE OF 807.96 FEET TO A POINT, THENCE S 05 DEG. 13 MIN. 24 SEC. E A DISTANCE OF 806.17 FEET TO A POINT, THENCE S 05 DEG. 10 MIN. 50 SEC. E A DISTANCE OF 799.46 FEET TO A POINT, THENCE S 06 DEG. 50 MIN. 50 SEC. E A DISTANCE OF 816.94 FEET TO A POINT, THENCE S 06 DEG. 37 MIN. 04 SEC. E A DISTANCE OF 791.17 FEET TO A POINT, THENCE S 08 DEG. 59 MIN. 40 SEC. E A DISTANCE OF 791.68 FEET TO A POINT, THENCE S 09 DEG. 01 MIN. 22 SEC. E A DISTANCE OF 797.99 FEET TO A POINT, SAID POINT BEING S 85 DEG. 52 MIN. 56 SEC. E A DISTANCE OF 247.27 FEET FROM P.R.M. 64-78-A15.

THENCE S 04 DEG. 56 MIN. 51 SEC. E A DISTANCE OF 762.13 FEET TO A POINT, THENCE S 03 DEG. 53 MIN. 20 SEC. E A DISTANCE OF 1,098.94 FEET TO A POINT, THENCE S 03 DEG. 49 MIN. 41 SEC. E A DISTANCE OF 1,153.51 FEET TO A POINT, THENCE S 06 DEG. 40 MIN. 02 SEC. E A DISTANCE OF 1,122.12 FEET TO A POINT, THENCE S 08 DEG. 17 MIN. 12 SEC. E A DISTANCE OF 864.61 FEET TO A POINT, THENCE S 05 DEG. 38 MIN. 14 SEC. E A DISTANCE OF 1,014.26 FEET TO A POINT, SAID POINT BEING N 64 DEG. 51 MIN. 31 SEC. E A DISTANCE OF 254.89 FEET FROM P.R.M. 64-78-A15-2 1978.

THENCE S 05 DEG. 32 MIN. 49 SEC. E A DISTANCE OF 954.81 FEET TO A POINT, THENCE S 11 DEG. 16 MIN. 33 SEC. E A DISTANCE OF 981.39 FEET TO A POINT, THENCE S 04 DEG. 27 MIN. 06 SEC. E A DISTANCE OF 887.01 FEET TO A POINT, SAID POINT BEING N 58 DEG. 04 MIN. 50 SEC. E A DISTANCE OF 353.09 FEET FROM P.R.M. 64-78-A16.

THENCE S 04 DEG. 35 MIN. 39 SEC. E A DISTANCE OF 1,030.08 FEET TO A POINT, THENCE S 05 DEG. 02 MIN. 08 SEC. E A DISTANCE OF 1,019.51 FEET TO A POINT, THENCE S 05 DEG. 05 MIN. 30 SEC. E A DISTANCE OF 375.74 FEET TO A POINT, THENCE S 36 DEG. 45 MIN. 00 SEC. E A DISTANCE OF 570.02 FEET TO A POINT, SAID POINT BEING N 34 DEG. 17 MIN. 08 SEC. E A DISTANCE OF 1,098.59 FEET FROM P.R.M. 64-78-A17.

THENCE S 36 DEG. 45 MIN. 00 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH SHORE OF GORDON PASS, THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 34 DEG. 17 MIN. 08 SEC. E A DISTANCE OF 1098.59 FEET FROM P.R.M. 64-78-A17.

RECOMMENCE AT P.R.M. 64-78-A17; THENCE N 85 DEG. 24 MIN. 59 SEC. E A DISTANCE OF 784.02 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 10 DEG. 34 MIN. 54 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTH SHORE OF GORDON PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 85 DEG. 24 MIN. 59 SEC. E A DISTANCE OF 784.02 FEET FROM P.R.M. 64-78-A17.

THENCE S 10 DEG. 34 MIN. 53 SEC. E A DISTANCE OF 218.32 FEET TO A POINT, THENCE S 31 DEG. 06 MIN. 39 SEC. W A DISTANCE OF 487.35 FEET TO A POINT, THENCE S 19 DEG. 30 MIN. 31 SEC. E A DISTANCE OF 164.04 FEET TO A POINT, THENCE S 83 DEG. 15 MIN. 22 SEC. E A DISTANCE OF 298.01 FEET TO A POINT, THENCE S 16 DEG. 24 MIN. 30 SEC. E A DISTANCE OF 965.76 FEET TO A POINT, SAID POINT BEING N 65 DEG. 52 MIN. 24 SEC. E A DISTANCE OF 632.39 FEET FROM P.R.M. 64-78-A18-2 1987.

THENCE S 26 DEG. 39 MIN. 19 SEC. E A DISTANCE OF 966.22 FEET TO A POINT, THENCE S 26 DEG. 29 MIN. 51 SEC. E A DISTANCE OF 999.06 FEET TO A POINT, THENCE S 24 DEG. 22 MIN. 48 SEC. E A DISTANCE OF 1,007.69 FEET TO A POINT, THENCE S 69 DEG. 59 MIN. 60 SEC. W A DISTANCE OF 314.00 FEET TO A POINT, THENCE S 18 DEG. 42 MIN. 02 SEC. E A DISTANCE OF 327.23 FEET TO A POINT, THENCE S 65 DEG. 05 MIN. 33 SEC. E A DISTANCE OF 244.28 FEET TO A POINT, THENCE S 19 DEG. 42 MIN. 08 SEC. E A DISTANCE OF 579.03 FEET TO A POINT, THENCE S 26 DEG. 29 MIN. 25 SEC. E A DISTANCE OF 1004.42 FEET TO A POINT, THENCE S 20 DEG. 23 MIN. 33 SEC. E A DISTANCE OF 943.47 FEET TO A POINT, THENCE S 23 DEG. 10 MIN. 15 SEC. E A DISTANCE OF 1,075.49 FEET TO A POINT, THENCE S 05 DEG. 02 MIN. 56 SEC. E A DISTANCE OF 843.42 FEET TO A POINT, THENCE S 23 DEG. 45 MIN. 58 SEC. E A DISTANCE OF 870.14 FEET TO A POINT, THENCE S 24 DEG. 02 MIN. 16 SEC. E A DISTANCE OF 887.39 FEET TO A POINT, THENCE S 18 DEG. 42 MIN. 37 SEC. E A DISTANCE OF 924.16 FEET TO A POINT, SAID POINT BEING N 65 DEG. 32 MIN. 31 SEC. E A DISTANCE OF 389.40 FEET FROM P.R.M. 64-78-A19-2 1987.

THENCE S 25 DEG. 31 MIN. 50 SEC. E A DISTANCE OF 956.12 FEET TO A POINT, THENCE S 25 DEG. 44 MIN. 46 SEC. E A DISTANCE OF 977.48 FEET TO A POINT, THENCE S 15 DEG. 12 MIN. 03 SEC. E A DISTANCE OF 956.27 FEET TO A POINT, THENCE S 25 DEG. 27 MIN. 01 SEC. E A DISTANCE OF 970.71 FEET TO A POINT, SAID POINT BEING N 57 DEG. 47 MIN. 10 SEC. E A DISTANCE OF 302.86 FEET FROM P.R.M. 64-78-A20.

THENCE S 25 DEG. 28 MIN. 57 SEC. E A DISTANCE OF 1019.73 FEET TO A POINT, THENCE S 26 DEG. 59 MIN. 42 SEC. E A DISTANCE OF 967.82 FEET TO A POINT, THENCE S 28 DEG. 58 MIN. 22 SEC. E A DISTANCE OF 1,093.76 FEET TO A POINT, THENCE S 28 DEG. 48 MIN. 04 SEC. E A DISTANCE OF 1,023.53 FEET TO A POINT, THENCE S 03 DEG. 22 MIN. 57 SEC. E A DISTANCE OF 355.36 FEET TO A POINT, THENCE S 34 DEG. 11 MIN. 52 SEC. E A DISTANCE OF 629.09 FEET TO A POINT, THENCE S 29 DEG. 04 MIN. 02 SEC. E A DISTANCE OF 1,026.13 FEET TO A POINT, THENCE S 33 DEG. 44 MIN. 07 SEC. E A DISTANCE OF 1,041.98 FEET TO A POINT, SAID POINT BEING N 69 DEG. 17 MIN. 25 SEC. E A DISTANCE OF 492.87 FEET FROM P.R.M. 64-78-A21.

THENCE S 27 DEG. 03 MIN. 38 SEC. E A DISTANCE OF 1,009.62 FEET TO A POINT, THENCE S 23 DEG. 10 MIN. 00 SEC. E A DISTANCE OF 991.08 FEET TO A POINT, THENCE S 18 DEG. 18 MIN. 43 SEC. E A DISTANCE OF 986.72 FEET TO A POINT, THENCE S 16 DEG. 09 MIN. 18 SEC. E A DISTANCE OF 1,027.21 FEET TO A POINT, SAID POINT BEING N 70 DEG. 34 MIN. 28 SEC. E A DISTANCE OF 540.17 FEET FROM P.R.M. COL 46 1986.

THENCE S 32 DEG. 10 MIN. 37 SEC. E A DISTANCE OF 1,063.29 FEET TO A POINT, THENCE S 30 DEG. 51 MIN. 58 SEC. E A DISTANCE OF 215.41 FEET TO A POINT, THENCE S 00 DEG. 40 MIN. 11 SEC. E A DISTANCE OF 796.32 FEET TO A POINT, THENCE S 06 DEG. 37 MIN. 59 SEC. E A DISTANCE OF 358.52 FEET TO A POINT, THENCE S 18 DEG. 00 MIN. 50 SEC. E A DISTANCE OF 638.12 FEET TO A POINT, SAID POINT BEING N 43 DEG. 44 MIN. 19 SEC. E A DISTANCE OF 559.92 FEET FROM P.R.M. 64-78-A22-2 1987.

THENCE S 17 DEG. 49 MIN. 46 SEC. E A DISTANCE OF 811.40 FEET TO A POINT, THENCE S 24 DEG. 34 MIN. 46 SEC. E A DISTANCE OF 1,004.42 FEET TO A POINT, THENCE S 08 DEG. 58 MIN. 16 SEC. E A DISTANCE OF 955.00 FEET TO A POINT, THENCE S 28 DEG. 26 MIN. 45 SEC. E A DISTANCE OF 913.02 FEET TO A POINT, THENCE S 30 DEG. 17 MIN. 06 SEC. E A DISTANCE OF 951.91 FEET TO A POINT, SAID POINT BEING N 88 DEG. 03 MIN. 07 SEC. E A DISTANCE OF 597.51 FEET FROM P.R.M. 64-78-A23.

THENCE S 39 DEG. 00 MIN. 12 SEC. E A DISTANCE OF 963.10 FEET TO A POINT, THENCE S 37 DEG. 55 MIN. 20 SEC. E A DISTANCE OF 1,127.31 FEET TO A POINT, SAID POINT BEING S 49 DEG. 32 MIN. 09 SEC. E A DISTANCE OF 2492.25 FEET FROM P.R.M. 64-78-A23.

THENCE S 32 DEG. 35 MIN. 23 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH SHORE OF LITTLE MARCO PASS, THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 49 DEG. 32 MIN. 09 SEC. E A DISTANCE OF 2,492.25 FEET FROM P.R.M. 64-78-A23.

RECOMMENCE AT P.R.M. 64-78-A24; THENCE N 11 DEG. 34 MIN. 07 SEC. W A DISTANCE OF 3,261.85 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 08 DEG. 31 MIN. 24 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTH SHORE OF BIG MARCO PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 11 DEG. 34 MIN. 07 SEC. W A DISTANCE OF 3,261.85 FEET FROM P.R.M. 64-78-A24.

THENCE S 19 DEG. 59 MIN. 36 SEC. E A DISTANCE OF 775.01 FEET TO A POINT, THENCE S 10 DEG. 11 MIN. 42 SEC. E A DISTANCE OF 1,071.33 FEET TO A POINT, THENCE S 30 DEG. 49 MIN. 04 SEC. E A DISTANCE OF 523.87 FEET TO A POINT, THENCE S 29 DEG. 36 MIN. 13 SEC. E A DISTANCE OF 228.30 FEET TO A POINT, THENCE S 57 DEG. 06 MIN. 22 SEC. E A DISTANCE OF 317.72 FEET TO A POINT, SAID POINT BEING N 37 DEG. 08 MIN. 48 SEC. E A DISTANCE OF 742.59 FEET FROM P.R.M. 64-78-A24.

THENCE S 57 DEG. 01 MIN. 29 SEC. E A DISTANCE OF 982.90 FEET TO A POINT, THENCE S 42 DEG. 27 MIN. 19 SEC. E A DISTANCE OF 1,370.39 FEET TO A POINT, THENCE S 28 DEG. 24 MIN. 51 SEC. E A DISTANCE OF 937.41 FEET TO A POINT, THENCE S 28 DEG. 26 MIN. 19 SEC. E A DISTANCE OF 993.64 FEET TO A POINT, SAID POINT BEING N 11 DEG. 59 MIN. 01 SEC. E A DISTANCE OF 437.19 FEET FROM P.R.M. 64-78-A25-2 1987.

THENCE S 30 DEG. 40 MIN. 53 SEC. E A DISTANCE OF 1,238.21 FEET TO A POINT, THENCE S 30 DEG. 28 MIN. 17 SEC. E A DISTANCE OF 199.18 FEET TO A POINT, THENCE S 51 DEG. 46 MIN. 12 SEC. E A DISTANCE OF 1,134.88 FEET TO A POINT, THENCE S 51 DEG. 09 MIN. 46 SEC. E A DISTANCE OF 359.13 FEET TO A POINT, THENCE S 27 DEG. 31 MIN. 23 SEC. E A DISTANCE OF 282.88 FEET TO A POINT, THENCE S 27 DEG. 18 MIN. 12 SEC. E A DISTANCE OF 303.16 FEET TO A POINT, THENCE S 53 DEG. 08 MIN. 05 SEC. W A DISTANCE OF 559.03 FEET TO A POINT, THENCE S 23 DEG. 23 MIN. 25 SEC. E A DISTANCE OF 444.97 FEET TO A POINT, THENCE S 23 DEG. 23 MIN. 55 SEC. E A DISTANCE OF 1,223.14 FEET TO A POINT, THENCE S 14 DEG. 50 MIN. 09 SEC. E A DISTANCE OF 975.28 FEET TO A POINT, SAID POINT BEING N 24 DEG. 04 MIN. 07 SEC. E A DISTANCE OF 577.37 FEET FROM P.R.M. 64-78-A26.

THENCE S 11 DEG. 40 MIN. 07 SEC. E A DISTANCE OF 1,174.39 FEET TO A POINT, THENCE S 02 DEG. 07 MIN. 59 SEC. E A DISTANCE OF 1,041.98 FEET TO A POINT, THENCE S 01 DEG. 48 MIN. 12 SEC. E A DISTANCE OF 1,045.11 FEET TO A POINT, THENCE S 00 DEG. 33 MIN. 54 SEC. W A DISTANCE OF 925.66 FEET TO A POINT, THENCE S 00 DEG. 16 MIN. 25 SEC. W A DISTANCE OF 990.24 FEET TO A POINT, THENCE S 17 DEG. 24 MIN. 30 SEC. E A DISTANCE OF 729.77 FEET TO A POINT, SAID POINT BEING N 35 DEG. 25 MIN. 31 SEC. E A DISTANCE OF 503.23 FEET FROM P.R.M. CAXAMBAS 1959.

THENCE S 17 DEG. 24 MIN. 31 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH SHORE OF CAXAMBAS PASS, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR COLLIER COUNTY.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 6-29-89, Formerly 16B-26.022, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.023 Description of the Volusia County Coastal Construction Control Line

(1) There is hereby established, pursuant to section 161.053, F.S., the Volusia County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Volusia County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE VOLUSIA COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S. SAID CONTROL LINE LYING ALONG THE COAST OF THE ATLANTIC OCEAN FROM VOLUSIA-FLAGLER COUNTY LINE SOUTHERLY TO THE NORTH MEAN HIGH WATER LINE OF PONCE DE LEON INLET. RECOMMENCING AT THE SOUTH MEAN HIGH WATER LINE OF PONCE DE LEON INLET AND CONTINUING SOUTHERLY TO ITS TERMINUS AT THE NORTHERLY BOUNDARY OF KENNEDY SPACE CENTER.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “SMITH 1934,” “79-78-A83,” “79-78-A82-2 1988,” “79-78-A81,” “79-78-A80-2 1988,” “79-78-A79,” “79-78-A78-2 1988 THROUGH 79-78-A77-2 1988,” “79-78-A76,” “79-78-A75-2 1988,” “79-78-A74 THROUGH 79-78-A73,” “79-78-A72-2 1988,” “79-78-A71,” “79-78-A70-2 1988 THROUGH 79-78-A69-2 1988,” “79-78-A68 THROUGH 79-78-A66,” “79-78-A65-2 1988,” “79-78-A64 THROUGH 79-78-A60,” “79-78-A59-2 1988,” “79-78-A58 THROUGH 79-78-A55,” “REVILO 1934,” “79-78-A54A,” “79-78-A54-2 1988,” “79-78-A53 THROUGH 79-78-A47,” “79-78-A46-2 1988,” “79-78-A45 THROUGH 79-78-A36,” “79-78-A35-2 1988 THROUGH 79-78-A34-2 1988,” “79-78-A33,” “ROSE 2 1970,” “79-78-A32,” “79-78-A31-2 1988,” “79-78-A30 THROUGH 79-78-A29,” “79-78-A28-2 1988,” “R-148 VOL 1987,” “GIMLET 1956,” “79-78-A25,” “79-78-A24-2 1988,” “79-78-A23,” “79-78-A22-2 1988 THROUGH 79-78-A21-2 1988,” “79-78-A20,” “79-78-A19-2 1988,” “79-78-A18 THROUGH 79-78-A09,” “79-78-A08-2 1988,” “79-78-A07,” “79-78-A06-2 1988,” “79-78-A05,” “ELDORA 1934,” “79-78-A04 THROUGH 79-78-A02,” “79-78-A01-2 1988,” “MOUNT 1934.”

FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.), SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE EAST ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON NORTH AMERICAN 1927 DATUM.

THE BEARING BASE FOR THIS DESCRIPTION WAS DETERMINED BY POLARIS OBSERVATIONS MADE AT PERMANENT REFERENCE MONUMENTS (P.R.M.) 79-78-A01, 79-78-A13, 79-78-A25, 79-78-A40, 79-78-A55, 79-78-A70 AND NATIONAL GEODETIC SURVEY (N.G.S.) STATION SMITH 1934.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE VOLUSIA COUNTY, FLORIDA

COMMENCE AT “P.R.M.” SMITH 1934; THENCE N 35 DEG. 19 MIN. 21 SEC. W A DISTANCE OF 361.56 FEET TO THE POINT OF BEGINNING; THENCE N 22 DEG. 18 MIN. 24 SEC. W TO THE POINT OF INTERSECTION WITH THE VOLUSIA-FLAGLER COUNTY LINE, SAID POINT BEING THE NORTHERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR VOLUSIA COUNTY; THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING. SAID POINT BEING N 35 DEG. 19 MIN. 21 SEC. W A DISTANCE OF 361.56 FEET FROM P.R.M. SMITH 1934.

THENCE S 22 DEG. 18 MIN. 24 SEC. E A DISTANCE OF 165.43 FEET TO A POINT; THENCE S 23 DEG. 31 MIN. 50 SEC. E A DISTANCE OF 939.66 FEET TO A POINT; THENCE S 23 DEG. 38 MIN. 05 SEC. E A DISTANCE OF 931.62 FEET TO A POINT; THENCE S 22 DEG. 01 MIN. 45 SEC. E A DISTANCE OF 946.23 FEET TO A POINT; SAID POINT BEING N 45 DEG. 18 MIN. 45 SEC. W A DISTANCE OF 229.94 FEET FROM P.R.M. 79-78-A83.

THENCE S 21 DEG. 44 MIN. 40 SEC. E A DISTANCE OF 944.29 FEET TO A POINT; THENCE S 21 DEG. 17 MIN. 36 SEC. E A DISTANCE OF 968.03 FEET TO A POINT; THENCE S 21 DEG. 31 MIN. 55 SEC. E A DISTANCE OF 957.45 FEET TO A POINT; THENCE S 21 DEG. 33 MIN. 26 SEC. E A DISTANCE OF 951.80 FEET TO A POINT; SAID POINT BEING S 07 DEG. 07 MIN. 37 SEC. E A DISTANCE OF 221.32 FEET FROM P.R.M. 79-78-A82-2 1988.

THENCE S 21 DEG. 32 MIN. 57 SEC. E A DISTANCE OF 960.47 FEET TO A POINT; THENCE S 21 DEG. 29 MIN. 10 SEC. E A DISTANCE OF 973.61 FEET TO A POINT; THENCE S 21 DEG. 13 MIN. 15 SEC. E A DISTANCE OF 967.73 FEET TO A POINT; SAID POINT BEING S 10 DEG. 12 MIN. 01 SEC. W A DISTANCE OF 125.67 FEET FROM P.R.M. 79-78-A81.

THENCE S 21 DEG. 28 MIN. 10 SEC. E A DISTANCE OF 960.38 FEET TO A POINT; THENCE S 22 DEG. 13 MIN. 60 SEC. E A DISTANCE OF 979.26 FEET TO A POINT; THENCE S 22 DEG. 11 MIN. 44 SEC. E A DISTANCE OF 963.10 FEET TO A POINT; SAID POINT BEING N 26 DEG. 43 MIN. 16 SEC. W A DISTANCE OF 576.87 FEET FROM P.R.M. 79-78-A80-2 1988.

THENCE S 21 DEG. 53 MIN. 37 SEC. E A DISTANCE OF 961.17 FEET TO A POINT; THENCE S 21 DEG. 56 MIN. 48 SEC. E A DISTANCE OF 950.59 FEET TO A POINT; THENCE S 21 DEG. 45 MIN. 20 SEC. E A DISTANCE OF 954.85 FEET TO A POINT; SAID POINT BEING N 40 DEG. 01 MIN. 13 SEC. W A DISTANCE OF 160.65 FEET FROM P.R.M. 79-78-A79.

THENCE S 21 DEG. 57 MIN. 01 SEC. E A DISTANCE OF 968.35 FEET TO A POINT; THENCE S 22 DEG. 00 MIN. 28 SEC. E A DISTANCE OF 941.47 FEET TO A POINT; THENCE S 22 DEG. 00 MIN. 13 SEC. E A DISTANCE OF 960.51 FEET TO A POINT; THENCE S 20 DEG. 42 MIN. 16 SEC. E A DISTANCE OF 912.90 FEET TO A POINT; SAID POINT BEING N 38 DEG. 25 MIN. 47 SEC. W A DISTANCE OF 215.81 FEET FROM P.R.M. 79-78-A78-2 1988.

THENCE S 21 DEG. 41 MIN. 19 SEC. E A DISTANCE OF 921.60 FEET TO A POINT; THENCE S 21 DEG. 48 MIN. 26 SEC. E A DISTANCE OF 942.38 FEET TO A POINT; THENCE S 22 DEG. 16 MIN. 03 SEC. E A DISTANCE OF 962.89 FEET TO A POINT; THENCE S 22 DEG. 31 MIN. 07 SEC. E A DISTANCE OF 979.93 FEET TO A POINT; SAID POINT BEING N 39 DEG. 59 MIN. 49 SEC. W A DISTANCE OF 251.06 FEET FROM P.R.M. 79-78-A77-2 1988.

THENCE S 23 DEG. 09 MIN. 45 SEC. E A DISTANCE OF 936.79 FEET TO A POINT; THENCE S 23 DEG. 03 MIN. 14 SEC. E A DISTANCE OF 944.38 FEET TO A POINT; THENCE S 23 DEG. 20 MIN. 56 SEC. E A DISTANCE OF 946.10 FEET TO A POINT; THENCE S 22 DEG. 22 MIN. 18 SEC. E A DISTANCE OF 951.84 FEET TO A POINT; THENCE S 22 DEG. 24 MIN. 18 SEC. E A DISTANCE OF 903.66 FEET TO A POINT; SAID POINT BEING S 36 DEG. 24 MIN. 35 SEC. W A DISTANCE OF 146.81 FEET FROM P.R.M. 79-78-A76.

THENCE S 22 DEG. 18 MIN. 24 SEC. E A DISTANCE OF 968.42 FEET TO A POINT; THENCE S 22 DEG. 05 MIN. 57 SEC. E A DISTANCE OF 947.00 FEET TO A POINT; THENCE S 22 DEG. 18 MIN. 51 SEC. E A DISTANCE OF 946.42 FEET TO A POINT; SAID POINT BEING S 00 DEG. 39 MIN. 06 SEC. W A DISTANCE OF 258.67 FEET FROM P.R.M. 79-78-A75-2 1988.

THENCE S 23 DEG. 09 MIN. 15 SEC. E A DISTANCE OF 957.39 FEET TO A POINT; THENCE S 22 DEG. 44 MIN. 10 SEC. E A DISTANCE OF 931.00 FEET TO A POINT; THENCE S 22 DEG. 01 MIN. 36 SEC. E A DISTANCE OF 949.34 FEET TO A POINT; SAID POINT BEING S 05 DEG. 55 MIN. 36 SEC. W A DISTANCE OF 314.45 FEET FROM P.R.M. 79-78-A74.

THENCE S 21 DEG. 52 MIN. 39 SEC. E A DISTANCE OF 929.94 FEET TO A POINT; THENCE S 23 DEG. 16 MIN. 56 SEC. E A DISTANCE OF 956.12 FEET TO A POINT; THENCE S 23 DEG. 06 MIN. 20 SEC. E A DISTANCE OF 936.35 FEET TO A POINT; SAID POINT BEING N 52 DEG. 27 MIN. 49 SEC. W A DISTANCE OF 204.90 FEET FROM P.R.M. 79-78-A73.

THENCE S 23 DEG. 23 MIN. 52 SEC. E A DISTANCE OF 937.12 FEET TO A POINT; THENCE S 21 DEG. 56 MIN. 14 SEC. E A DISTANCE OF 936.43 FEET TO A POINT; SAID POINT BEING S 62 DEG. 15 MIN. 17 SEC. E A DISTANCE OF 425.51 FEET FROM P.R.M. 79-78-A72-2 1988.

THENCE S 22 DEG. 02 MIN. 40 SEC. E A DISTANCE OF 1003.51 FEET TO A POINT; THENCE S 22 DEG. 26 MIN. 53 SEC. E A DISTANCE OF 900.08 FEET TO A POINT; SAID POINT BEING S 61 DEG. 29 MIN. 46 SEC. E A DISTANCE OF 432.01 FEET FROM P.R.M. 79-78-A71.

THENCE S 22 DEG. 26 MIN. 39 SEC. E A DISTANCE OF 953.79 FEET TO A POINT; THENCE S 22 DEG. 32 MIN. 06 SEC. E A DISTANCE OF 642.33 FEET TO A POINT; THENCE S 22 DEG. 04 MIN. 52 SEC. E A DISTANCE OF 1,074.23 FEET TO A POINT; SAID POINT BEING N 24 DEG. 32 MIN. 16 SEC. E A DISTANCE OF 250.61 FEET FROM P.R.M. 79-78-A70-2 1988.

THENCE S 22 DEG. 13 MIN. 09 SEC. E A DISTANCE OF 1,045.63 FEET TO A POINT; THENCE S 21 DEG. 56 MIN. 40 SEC. E A DISTANCE OF 999.28 FEET TO A POINT; THENCE S 22 DEG. 56 MIN. 34 SEC. E A DISTANCE OF 979.75 FEET TO A POINT; SAID POINT BEING N 20 DEG. 46 MIN. 44 SEC. E A DISTANCE OF 224.60 FEET FROM P.R.M. 79-78-A69-2 1988.

THENCE S 23 DEG. 06 MIN. 29 SEC. E A DISTANCE OF 952.30 FEET TO A POINT; THENCE S 23 DEG. 33 MIN. 48 SEC. E A DISTANCE OF 913.80 FEET TO A POINT; THENCE S 22 DEG. 54 MIN. 46 SEC. E A DISTANCE OF 978.16 FEET TO A POINT; THENCE S 22 DEG. 38 MIN. 52 SEC. E A DISTANCE OF 929.97 FEET TO A POINT; SAID POINT BEING S 70 DEG. 41 MIN. 37 SEC. E A DISTANCE OF 247.45 FEET FROM P.R.M. 79-78-A68.

THENCE S 23 DEG. 32 MIN. 52 SEC. E A DISTANCE OF 1,006.03 FEET TO A POINT; SAID POINT BEING N 04 DEG. 41 MIN. 44 SEC. W A DISTANCE OF 323.04 FEET FROM P.R.M. 79-78-A67.

THENCE S 23 DEG. 56 MIN. 02 SEC. E A DISTANCE OF 1,024.70 FEET TO A POINT; THENCE S 22 DEG. 37 MIN. 08 SEC. E A DISTANCE OF 813.58 FEET TO A POINT; SAID POINT BEING S 43 DEG. 30 MIN. 58 SEC. E A DISTANCE OF 406.76 FEET FROM P.R.M. 79-78-A66.

THENCE S 22 DEG. 41 MIN. 04 SEC. E A DISTANCE OF 950.77 FEET TO A POINT; SAID POINT BEING N 84 DEG. 50 MIN. 38 SEC. E A DISTANCE OF 221.80 FEET FROM P.R.M. 79-78-A65-2 1988.

THENCE S 22 DEG. 58 MIN. 60 SEC. E A DISTANCE OF 848.93 FEET TO A POINT; THENCE S 22 DEG. 49 MIN. 07 SEC. E A DISTANCE OF 1,106.53 FEET TO A POINT; THENCE S 24 DEG. 58 MIN. 41 SEC. E A DISTANCE OF 880.41 FEET TO A POINT; THENCE S 22 DEG. 36 MIN. 51 SEC. E A DISTANCE OF 892.27 FEET TO A POINT; SAID POINT BEING N 72 DEG. 25 MIN. 39 SEC. E A DISTANCE OF 114.45 FEET FROM P.R.M. 79-78-A64.

THENCE S 23 DEG. 06 MIN. 45 SEC. E A DISTANCE OF 1,064.87 FEET TO A POINT; THENCE S 23 DEG. 58 MIN. 46 SEC. E A DISTANCE OF 941.89 FEET TO A POINT; THENCE S 22 DEG. 39 MIN. 59 SEC. E A DISTANCE OF 945.01 FEET TO A POINT; THENCE S 22 DEG. 33 MIN. 37 SEC. E A DISTANCE OF 958.94 FEET TO A POINT; SAID POINT BEING N 00 DEG. 44 MIN. 16 SEC. E A DISTANCE OF 349.35 FEET FROM P.R.M. 79-78-A63.

THENCE S 23 DEG. 55 MIN. 10 SEC. E A DISTANCE OF 1,067.12 FEET TO A POINT; THENCE S 23 DEG. 50 MIN. 25 SEC. E A DISTANCE OF 879.51 FEET TO A POINT; SAID POINT BEING N 21 DEG. 29 MIN. 50 SEC. E A DISTANCE OF 429.67 FEET FROM P.R.M. 79-78-A62.

THENCE S 23 DEG. 09 MIN. 32 SEC. E A DISTANCE OF 959.57 FEET TO A POINT; THENCE S 23 DEG. 47 MIN. 26 SEC. E A DISTANCE OF 953.62 FEET TO A POINT; THENCE S 23 DEG. 56 MIN. 45 SEC. E A DISTANCE OF 843.32 FEET TO A POINT; SAID POINT BEING N 09 DEG. 59 MIN. 30 SEC. W A DISTANCE OF 245.74 FEET FROM P.R.M. 79-78-A61.

THENCE S 23 DEG. 52 MIN. 28 SEC. E A DISTANCE OF 955.10 FEET TO A POINT; THENCE S 22 DEG. 22 MIN. 38 SEC. E A DISTANCE OF 1,023.91 FEET TO A POINT; THENCE S 22 DEG. 26 MIN. 15 SEC. E A DISTANCE OF 915.47 FEET TO A POINT; SAID POINT BEING N 00 DEG. 40 MIN. 26 SEC. E A DISTANCE OF 489.20 FEET FROM P.R.M. 79-78-A60.

THENCE S 22 DEG. 32 MIN. 12 SEC. E A DISTANCE OF 915.15 FEET TO A POINT; THENCE S 23 DEG. 33 MIN. 51 SEC. E A DISTANCE OF 831.34 FEET TO A POINT; THENCE S 23 DEG. 25 MIN. 04 SEC. E A DISTANCE OF 1,122.90 FEET TO A POINT; THENCE S 23 DEG. 06 MIN. 29 SEC. E A DISTANCE OF 940.41 FEET TO A POINT; SAID POINT BEING S 45 DEG. 01 MIN. 14 SEC. E A DISTANCE OF 388.15 FEET FROM P.R.M. 79-78-A59-2 1988.

THENCE S 23 DEG. 16 MIN. 57 SEC. E A DISTANCE OF 1,000.14 FEET TO A POINT; THENCE S 22 DEG. 31 MIN. 21 SEC. E A DISTANCE OF 1,010.79 FEET TO A POINT; SAID POINT BEING N 09 DEG. 06 MIN. 17 SEC. E A DISTANCE OF 420.87 FEET FROM P.R.M. 79-78-A58.

THENCE S 22 DEG. 34 MIN. 46 SEC. E A DISTANCE OF 1,003.58 FEET TO A POINT; THENCE S 26 DEG. 11 MIN. 18 SEC. E A DISTANCE OF 957.82 FEET TO A POINT; THENCE S 23 DEG. 46 MIN. 12 SEC. E A DISTANCE OF 946.70 FEET TO A POINT; SAID POINT BEING N 79 DEG. 21 MIN. 49 SEC. E A DISTANCE OF 210.66 FEET FROM P.R.M. 79-78-A57.

THENCE S 24 DEG. 05 MIN. 59 SEC. E A DISTANCE OF 931.08 FEET TO A POINT; THENCE S 27 DEG. 18 MIN. 12 SEC. E A DISTANCE OF 1,036.50 FEET TO A POINT; SAID POINT BEING N 36 DEG. 31 MIN. 17 SEC. E A DISTANCE OF 427.82 FEET FROM P.R.M. 79-78-A56.

THENCE S 22 DEG. 49 MIN. 55 SEC. E A DISTANCE OF 859.85 FEET TO A POINT; THENCE S 20 DEG. 04 MIN. 53 SEC. E A DISTANCE OF 842.78 FEET TO A POINT; THENCE S 19 DEG. 59 MIN. 19 SEC. E A DISTANCE OF 918.77 FEET TO A POINT; SAID POINT BEING N 09 DEG. 02 MIN. 18 SEC. W A DISTANCE OF 618.11 FEET FROM P.R.M. 79-78-A55.

THENCE S 20 DEG. 24 MIN. 58 SEC. E A DISTANCE OF 1,052.27 FEET TO A POINT; SAID POINT BEING S 68 DEG. 36 MIN. 47 SEC. E A DISTANCE OF 759.22 FEET FROM P.R.M. REVILO 1934.

THENCE S 22 DEG. 06 MIN. 06 SEC. E A DISTANCE OF 969.03 FEET TO A POINT; SAID POINT BEING S 34 DEG. 04 MIN. 56 SEC. E A DISTANCE OF 623.75 FEET FROM P.R.M. 79-78-A54A.

THENCE S 22 DEG. 21 MIN. 55 SEC. E A DISTANCE OF 839.79 FEET TO A POINT; SAID POINT BEING S 42 DEG. 52 MIN. 22 SEC. E A DISTANCE OF 825.76 FEET FROM P.R.M. 79-78-A54-2 1988.

THENCE S 24 DEG. 03 MIN. 46 SEC. E A DISTANCE OF 949.82 FEET TO A POINT; SAID POINT BEING S 34 DEG. 54 MIN. 30 SEC. E A DISTANCE OF 890.41 FEET FROM P.R.M. 79-78-A53.

THENCE S 23 DEG. 34 MIN. 29 SEC. E A DISTANCE OF 788.14 FEET TO A POINT; SAID POINT BEING N 08 DEG. 35 MIN. 38 SEC. E A DISTANCE OF 192.84 FEET FROM P.R.M. 79-78-A52.

THENCE S 23 DEG. 11 MIN. 57 SEC. E A DISTANCE OF 904.27 FEET TO A POINT; THENCE S 22 DEG. 33 MIN. 27 SEC. E A DISTANCE OF 1,017.61 FEET TO A POINT; THENCE S 24 DEG. 25 MIN. 13 SEC. E A DISTANCE OF 983.27 FEET TO A POINT; SAID POINT BEING N 51 DEG. 40 MIN. 20 SEC. E A DISTANCE OF 194.48 FEET FROM P.R.M. 79-78-A51.

THENCE S 24 DEG. 29 MIN. 09 SEC. E A DISTANCE OF 951.32 FEET TO A POINT; THENCE S 24 DEG. 23 MIN. 46 SEC. E A DISTANCE OF 897.07 FEET TO A POINT; SAID POINT BEING N 05 DEG. 52 MIN. 44 SEC. W A DISTANCE OF 448.24 FEET FROM P.R.M. 79-78-A50.

THENCE S 24 DEG. 18 MIN. 33 SEC. E A DISTANCE OF 1011.49 FEET TO A POINT; THENCE S 24 DEG. 30 MIN. 32 SEC. E A DISTANCE OF 924.83 FEET TO A POINT; THENCE S 24 DEG. 17 MIN. 27 SEC. E A DISTANCE OF 940.26 FEET TO A POINT; SAID POINT BEING N 60 DEG. 40 MIN. 01 SEC. E A DISTANCE OF 227.53 FEET FROM P.R.M. 79-78-A49.

THENCE S 22 DEG. 39 MIN. 49 SEC. E A DISTANCE OF 855.05 FEET TO A POINT; THENCE S 23 DEG. 43 MIN. 55 SEC. E A DISTANCE OF 1,090.67 FEET TO A POINT; SAID POINT BEING N 06 DEG. 38 MIN. 08 SEC. W A DISTANCE OF 455.62 FEET FROM P.R.M. 79-78-A48.

THENCE S 24 DEG. 31 MIN. 52 SEC. E A DISTANCE OF 938.89 FEET TO A POINT; THENCE S 25 DEG. 09 MIN. 53 SEC. E A DISTANCE OF 1,051.84 FEET TO A POINT; THENCE S 25 DEG. 02 MIN. 33 SEC. E A DISTANCE OF 971.75 FEET TO A POINT; SAID POINT BEING N 82 DEG. 17 MIN. 06 SEC. E A DISTANCE OF 280.10 FEET FROM P.R.M. 79-78-A47.

THENCE S 24 DEG. 23 MIN. 09 SEC. E A DISTANCE OF 987.64 FEET TO A POINT; THENCE S 26 DEG. 02 MIN. 32 SEC. E A DISTANCE OF 956.46 FEET TO A POINT; SAID POINT BEING N 76 DEG. 32 MIN. 27 SEC. E A DISTANCE OF 132.71 FEET FROM P.R.M. 79-78-A46-2 1988.

THENCE S 26 DEG. 13 MIN. 10 SEC. E A DISTANCE OF 977.97 FEET TO A POINT; THENCE S 26 DEG. 55 MIN. 34 SEC. E A DISTANCE OF 980.02 FEET TO A POINT; THENCE S 26 DEG. 36 MIN. 08 SEC. E A DISTANCE OF 1,030.23 FEET TO A POINT; SAID POINT BEING N 40 DEG. 37 MIN. 32 SEC. E A DISTANCE OF 195.44 FEET FROM P.R.M. 79-78-A45.

THENCE S 24 DEG. 50 MIN. 43 SEC. E A DISTANCE OF 843.60 FEET TO A POINT; THENCE S 24 DEG. 58 MIN. 38 SEC. E A DISTANCE OF 901.98 FEET TO A POINT; THENCE S 24 DEG. 15 MIN. 58 SEC. E A DISTANCE OF 937.46 FEET TO A POINT; SAID POINT BEING S 63 DEG. 51 MIN. 34 SEC. E A DISTANCE OF 388.36 FEET FROM P.R.M. 79-78-A44.

THENCE S 24 DEG. 21 MIN. 14 SEC. E A DISTANCE OF 964.86 FEET TO A POINT; SAID POINT BEING S 41 DEG. 15 MIN. 53 SEC. E A DISTANCE OF 283.66 FEET FROM P.R.M. 79-78-A43.

THENCE S 26 DEG. 22 MIN. 20 SEC. E A DISTANCE OF 1,427.12 FEET TO A POINT; SAID POINT BEING N 12 DEG. 31 MIN. 49 SEC. E A DISTANCE OF 271.32 FEET FROM P.R.M. 79-78-A42.

THENCE S 26 DEG. 33 MIN. 19 SEC. E A DISTANCE OF 586.30 FEET TO A POINT; THENCE S 26 DEG. 21 MIN. 59 SEC. E A DISTANCE OF 890.60 FEET TO A POINT; THENCE S 26 DEG. 22 MIN. 02 SEC. E A DISTANCE OF 1,028.96 FEET TO A POINT; SAID POINT BEING N 19 DEG. 46 MIN. 31 SEC. E A DISTANCE OF 259.29 FEET FROM P.R.M. 79-78-A41.

THENCE S 22 DEG. 51 MIN. 11 SEC. E A DISTANCE OF 811.31 FEET TO A POINT; THENCE S 25 DEG. 29 MIN. 25 SEC. E A DISTANCE OF 1,089.72 FEET TO A POINT; THENCE S 24 DEG. 46 MIN. 29 SEC. E A DISTANCE OF 848.42 FEET TO A POINT; SAID POINT BEING N 09 DEG. 05 MIN. 17 SEC. E A DISTANCE OF 299.97 FEET FROM P.R.M. 79-78-A40.

THENCE S 25 DEG. 02 MIN. 42 SEC. E A DISTANCE OF 924.06 FEET TO A POINT; SAID POINT BEING N 29 DEG. 38 MIN. 04 SEC. W A DISTANCE OF 192.28 FEET FROM P.R.M. 79-78-A39.

THENCE S 25 DEG. 15 MIN. 41 SEC. E A DISTANCE OF 884.42 FEET TO A POINT; SAID POINT BEING N 24 DEG. 32 MIN. 44 SEC. W A DISTANCE OF 339.87 FEET FROM P.R.M. 79-78-A38.

THENCE S 27 DEG. 07 MIN. 22 SEC. E A DISTANCE OF 1,042.73 FEET TO A POINT; SAID POINT BEING N 35 DEG. 35 MIN. 19 SEC. W A DISTANCE OF 288.44 FEET FROM P.R.M. 79-78-A37.

THENCE S 27 DEG. 04 MIN. 52 SEC. E A DISTANCE OF 995.71 FEET TO A POINT; THENCE S 27 DEG. 17 MIN. 53 SEC. E A DISTANCE OF 955.81 FEET TO A POINT; THENCE S 28 DEG. 43 MIN. 36 SEC. E A DISTANCE OF 920.52 FEET TO A POINT; SAID POINT BEING S 47 DEG. 07 MIN. 46 SEC. E A DISTANCE OF 135.96 FEET FROM P.R.M. 79-78-A36.

THENCE S 28 DEG. 58 MIN. 55 SEC. E A DISTANCE OF 965.05 FEET TO A POINT; THENCE S 27 DEG. 13 MIN. 08 SEC. E A DISTANCE OF 944.87 FEET TO A POINT; SAID POINT BEING N 16 DEG. 11 MIN. 21 SEC. W A DISTANCE OF 298.42 FEET FROM P.R.M. 79-78-A35-2 1988.

THENCE S 27 DEG. 16 MIN. 34 SEC. E A DISTANCE OF 957.06 FEET TO A POINT; THENCE S 30 DEG. 11 MIN. 51 SEC. E A DISTANCE OF 1,003.55 FEET TO A POINT; THENCE S 30 DEG. 15 MIN. 11 SEC. E A DISTANCE OF 970.56 FEET TO A POINT; THENCE S 29 DEG. 19 MIN. 48 SEC. E A DISTANCE OF 930.03 FEET TO A POINT; SAID POINT BEING N 07 DEG. 32 MIN. 41 SEC. E A DISTANCE OF 123.91 FEET FROM P.R.M. 79-78-A34-2 1988.

THENCE S 29 DEG. 32 MIN. 05 SEC. E A DISTANCE OF 957.45 FEET TO A POINT; THENCE S 30 DEG. 26 MIN. 01 SEC. E. A DISTANCE OF 937.06 FEET TO A POINT; SAID POINT BEING N 27 DEG. 00 MIN. 49 SEC. W A DISTANCE OF 564.20 FEET FROM P.R.M. 79-78-A33.

THENCE S 30 DEG. 45 MIN. 31 SEC. E A DISTANCE OF 950.58 FEET TO A POINT; SAID POINT BEING S 25 DEG. 26 MIN. 49 SEC. E A DISTANCE OF 256.18 FEET FROM P.R.M. ROSE 2 1970.

THENCE S 31 DEG. 07 MIN. 30 SEC. E A DISTANCE OF 955.41 FEET TO A POINT; THENCE S 32 DEG. 44 MIN. 52 SEC. E A DISTANCE OF 913.78 FEET TO A POINT; THENCE S 32 DEG. 53 MIN. 10 SEC. E A DISTANCE OF 920.64 FEET TO A POINT; THENCE S 32 DEG. 34 MIN. 36 SEC. E A DISTANCE OF 808.06 FEET TO A POINT; SAID POINT BEING S 85 DEG. 53 MIN. 02 SEC. E A DISTANCE OF 19.43 FEET FROM P.R.M. 79-78-A32.

THENCE S 32 DEG. 33 MIN. 52 SEC. E A DISTANCE OF 932.10 FEET TO A POINT; SAID POINT BEING N 25 DEG. 43 MIN. 47 SEC. E A DISTANCE OF 57.43 FEET FROM P.R.M. 79-78-A31-2 1988.

THENCE S 35 DEG. 51 MIN. 28 SEC. E A DISTANCE OF 1,033.83 FEET TO A POINT; THENCE S 35 DEG. 52 MIN. 04 SEC. E. A DISTANCE OF 848.45 FEET TO A POINT; SAID POINT BEING N 05 DEG. 19 MIN. 35 SEC. W A DISTANCE OF 90.03 FEET FROM P.R.M. 79-78-A30.

THENCE S 34 DEG. 28 MIN. 53 SEC. E A DISTANCE OF 997.25 FEET TO A POINT; SAID POINT BEING N 30 DEG. 49 MIN. 39 SEC. W A DISTANCE OF 842.99 FEET FROM P.R.M. 79-78-A29.

THENCE S 35 DEG. 55 MIN. 33 SEC. E A DISTANCE OF 876.55 FEET TO A POINT; SAID POINT BEING S 13 DEG. 31 MIN. 32 SEC. W A DISTANCE OF 83.88 FEET FROM P.R.M. 79-78-A28-2 1988; SAID POINT IS ALSO N 80 DEG. 17 MIN. 42 SEC. E A DISTANCE OF 83.51 FEET FROM P.R.M. 79-78-A29.

THENCE S 36 DEG. 05 MIN. 40 SEC. E A DISTANCE OF 978.06 FEET TO A POINT; THENCE S 32 DEG. 35 MIN. 47 SEC. E A DISTANCE OF 957.75 FEET TO A POINT; THENCE S 32 DEG. 24 MIN. 04 SEC. E A DISTANCE OF 823.32 FEET TO A POINT; SAID POINT BEING S 60 DEG. 00 MIN. 00 SEC. W A DISTANCE OF 264.00 FEET FROM R-148 VOL 1987.

THENCE S 32 DEG. 24 MIN. 04 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE NORTH SHORE OF PONCE DE LEON INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING S 60 DEG. 00 MIN. 00 SEC. W A DISTANCE OF 264.00 FEET FROM R-148 VOL 1987. RECOMMENCE AT P.R.M. GIMLET 1956 THENCE N 22 DEG. 24 MIN. 25 SEC. W A DISTANCE OF 1743.26 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 41 DEG. 34 MIN. 31 SEC. W TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE SOUTH SHORE OF PONCE DE LEON INLET; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 22 DEG. 24 MIN. 25 SEC. W A DISTANCE OF 1,743.26 FEET FROM P.R.M. GIMLET 1956.

THENCE N 89 DEG. 15 MIN. 34 SEC. E A DISTANCE OF 827.00 FEET TO A POINT; THENCE S 30 DEG. 10 MIN. 12 SEC. E A DISTANCE OF 637.63 FEET TO A POINT; THENCE S 28 DEG. 07 MIN. 34 SEC. E A DISTANCE OF 960.96 FEET TO A POINT; SAID POINT BEING N 05 DEG. 51 MIN. 40 SEC. W A DISTANCE OF 193.65 FEET FROM P.R.M. 79-78-A25.

THENCE S 19 DEG. 58 MIN. 35 SEC. E A DISTANCE OF 1,071.75 FEET TO A POINT; THENCE S 20 DEG. 56 MIN. 51 SEC. E A DISTANCE OF 888.06 FEET TO A POINT; THENCE S 22 DEG. 02 MIN. 05 SEC. E A DISTANCE OF 1,002.66 FEET TO A POINT; THENCE S 22 DEG. 23 MIN. 53 SEC. E A DISTANCE OF 961.64 FEET TO A POINT; THENCE S 23 DEG. 05 MIN. 35 SEC. E A DISTANCE OF 919.29 FEET TO A POINT; THENCE S 23 DEG. 19 MIN. 31 SEC. E A DISTANCE OF 973.51 FEET TO A POINT; SAID POINT BEING N 41 DEG. 42 MIN. 40 SEC. W A DISTANCE OF 499.64 FEET FROM P.R.M. 79-78-A24-2 1988.

THENCE S 23 DEG. 01 MIN. 59 SEC. E A DISTANCE OF 974.01 FEET TO A POINT; THENCE S 25 DEG. 05 MIN. 47 SEC. E A DISTANCE OF 992.12 FEET TO A POINT; THENCE S 25 DEG. 05 MIN. 09 SEC. E A DISTANCE OF 965.10 FEET TO A POINT; THENCE S 26 DEG. 21 MIN. 49 SEC. E. A DISTANCE OF 956.96 FEET TO A POINT; THENCE S 26 DEG. 44 MIN. 31 SEC. E A DISTANCE OF 1,082.44 FEET TO A POINT; SAID POINT BEING N 76 DEG. 01 MIN. 58 SEC. W A DISTANCE OF 286.17 FEET FROM P.R.M. 79-78-A23.

THENCE S 25 DEG. 58 MIN. 22 SEC. E A DISTANCE OF 867.91 FEET TO A POINT; THENCE S 25 DEG. 49 MIN. 35 SEC. E A DISTANCE OF 965.25 FEET TO A POINT; THENCE S 26 DEG. 46 MIN. 36 SEC. E A DISTANCE OF 1,063.11 FEET TO A POINT; THENCE S 29 DEG. 04 MIN. 26 SEC. E A DISTANCE OF 976.51 FEET TO A POINT; THENCE S 26 DEG. 57 MIN. 50 SEC. E A DISTANCE OF 827.78 FEET TO A POINT; SAID POINT BEING S 07 DEG. 48 MIN. 36 SEC. E A DISTANCE OF 383.47 FEET FROM P.R.M. 79-78-A22-2 1988.

THENCE S 27 DEG. 05 MIN. 20 SEC. E A DISTANCE OF 971.06 FEET TO A POINT; THENCE S 27 DEG. 43 MIN. 38 SEC. E A DISTANCE OF 1,018.74 FEET TO A POINT; THENCE S 27 DEG. 17 MIN. 15 SEC. E A DISTANCE OF 938.90 FEET TO A POINT; THENCE S 27 DEG. 58 MIN. 53 SEC. E A DISTANCE OF 983.84 FEET TO A POINT; SAID POINT BEING N 55 DEG. 12 MIN. 57 SEC. W A DISTANCE OF 317.02 FEET FROM P.R.M. 79-78-A21-2 1988.

THENCE S 28 DEG. 13 MIN. 39 SEC. E A DISTANCE OF 871.77 FEET TO A POINT; THENCE S 28 DEG. 42 MIN. 10 SEC. E A DISTANCE OF 978.80 FEET TO A POINT; THENCE S 29 DEG. 14 MIN. 48 SEC. E A DISTANCE OF 942.91 FEET TO A POINT; THENCE S 29 DEG. 13 MIN. 40 SEC. E A DISTANCE OF 969.71 FEET TO A POINT; SAID POINT BEING N 55 DEG. 51 MIN. 58 SEC. W A DISTANCE OF 338.75 FEET FROM P.R.M. 79-78-A20.

THENCE S 29 DEG. 13 MIN. 14 SEC. E A DISTANCE OF 998.63 FEET TO A POINT; SAID POINT BEING S 52 DEG. 30 MIN. 52 SEC. E A DISTANCE OF 833.57 FEET FROM P.R.M. 79-78-A19-2 1988.

THENCE S 29 DEG. 01 MIN. 04 SEC. E A DISTANCE OF 1,075.80 FEET TO A POINT; THENCE S 28 DEG. 48 MIN. 27 SEC. E A DISTANCE OF 779.29 FEET TO A POINT; SAID POINT BEING S 88 DEG. 30 MIN. 27 SEC. E A DISTANCE OF 324.49 FEET FROM P.R.M. 79-78-A18.

THENCE S 28 DEG. 26 MIN. 19 SEC. E A DISTANCE OF 947.76 FEET TO A POINT; THENCE S 29 DEG. 51 MIN. 05 SEC. E A DISTANCE OF 927.42 FEET TO A POINT; THENCE S 29 DEG. 06 MIN. 05 SEC. E A DISTANCE OF 1,008.28 FEET TO A POINT; THENCE S 29 DEG. 11 MIN. 36 SEC. E A DISTANCE OF 954.69 FEET TO A POINT; SAID POINT BEING N 29 DEG. 23 MIN. 07 SEC. E A DISTANCE OF 350.74 FEET FROM P.R.M. 79-78-A17.

THENCE S 29 DEG. 19 MIN. 06 SEC. E A DISTANCE OF 1,102.33 FEET TO A POINT; THENCE S 29 DEG. 35 MIN. 55 SEC. E A DISTANCE OF 699.55 FEET TO A POINT; THENCE S 29 DEG. 34 MIN. 23 SEC. E A DISTANCE OF 900.15 FEET TO A POINT; THENCE S 29 DEG. 20 MIN. 21 SEC. E A DISTANCE OF 980.08 FEET TO A POINT; THENCE S 30 DEG. 21 MIN. 02 SEC. E A DISTANCE OF 961.30 FEET TO A POINT; SAID POINT BEING S 88 DEG. 06 MIN. 31 SEC. E A DISTANCE OF 416.23 FEET FROM P.R.M. 79-78-A16.

THENCE S 30 DEG. 12 MIN. 08 SEC. E A DISTANCE OF 890.77 FEET TO A POINT; THENCE S 30 DEG. 51 MIN. 08 SEC. E A DISTANCE OF 990.96 FEET TO A POINT; THENCE S 30 DEG. 39 MIN. 54 SEC. E A DISTANCE OF 529.95 FEET TO A POINT; THENCE S 30 DEG. 40 MIN. 51 SEC. E A DISTANCE OF 1,272.54 FEET TO A POINT; SAID POINT BEING S 49 DEG. 05 MIN. 50 SEC. E A DISTANCE OF 556.00 FEET FROM P.R.M. 79-78-A15.

THENCE S 28 DEG. 58 MIN. 32 SEC. E A DISTANCE OF 942.02 FEET TO A POINT; THENCE S 30 DEG. 04 MIN. 45 SEC. E A DISTANCE OF 996.02 FEET TO A POINT; THENCE S 33 DEG. 21 MIN. 20 SEC. E A DISTANCE OF 779.07 FEET TO A POINT; THENCE S 33 DEG. 18 MIN. 40 SEC. E A DISTANCE OF 993.24 FEET TO A POINT; SAID POINT BEING S 28 DEG. 06 MIN. 12 SEC. E A DISTANCE OF 213.21 FEET FROM P.R.M. 79-78-A14.

THENCE S 30 DEG. 00 MIN. 02 SEC. E A DISTANCE OF 939.58 FEET TO A POINT; SAID POINT BEING N 13 DEG. 03 MIN. 00 SEC. W A DISTANCE OF 404.94 FEET FROM P.R.M. 79-78-A13.

THENCE S 30 DEG. 11 MIN. 24 SEC. E A DISTANCE OF 941.87 FEET TO A POINT; THENCE S 31 DEG. 11 MIN. 36 SEC. E A DISTANCE OF 942.56 FEET TO A POINT; THENCE S 31 DEG. 21 MIN. 42 SEC. E A DISTANCE OF 994.92 FEET TO A POINT; THENCE S 30 DEG. 27 MIN. 34 SEC. E A DISTANCE OF 978.96 FEET TO A POINT; THENCE S 30 DEG. 48 MIN. 02 SEC. E A DISTANCE OF 949.02 FEET TO A POINT; SAID POINT BEING N 03 DEG. 53 MIN. 58 SEC. E A DISTANCE OF 88.68 FEET FROM P.R.M. 79-78-A12.

THENCE S 31 DEG. 08 MIN. 04 SEC. E A DISTANCE OF 798.12 FEET TO A POINT; THENCE S 31 DEG. 04 MIN. 33 SEC. E A DISTANCE OF 1,076.28 FEET TO A POINT; THENCE S 33 DEG. 31 MIN. 09 SEC. E A DISTANCE OF 877.37 FEET TO A POINT; THENCE S 33 DEG. 44 MIN. 56 SEC. E A DISTANCE OF 1,029.81 FEET TO A POINT; THENCE S 31 DEG. 14 MIN. 14 SEC. E A DISTANCE OF 959.39 FEET TO A POINT; THENCE S 31 DEG. 16 MIN. 10 SEC. E A DISTANCE OF 946.53 FEET TO A POINT; SAID POINT BEING S 44 DEG. 54 MIN. 13 SEC. E A DISTANCE OF 491.35 FEET FROM P.R.M. 79-78-A11.

THENCE S 31 DEG. 16 MIN. 04 SEC. E A DISTANCE OF 951.42 FEET TO A POINT; THENCE S 31 DEG. 28 MIN. 53 SEC. E A DISTANCE OF 947.27 FEET TO A POINT; THENCE S 31 DEG. 22 MIN. 17 SEC. E A DISTANCE OF 944.35 FEET TO A POINT; SAID POINT BEING N 49 DEG. 25 MIN. 23 SEC. W A DISTANCE OF 166.98 FEET FROM P.R.M. 79-78-A10.

THENCE S 31 DEG. 22 MIN. 06 SEC. E A DISTANCE OF 988.09 FEET TO A POINT; THENCE S 31 DEG. 00 MIN. 31 SEC. E A DISTANCE OF 958.01 FEET TO A POINT; THENCE S 30 DEG. 44 MIN. 16 SEC. E A DISTANCE OF 958.84 FEET TO A POINT; SAID POINT BEING S 63 DEG. 17 MIN. 60 SEC. W A DISTANCE OF 166.09 FEET FROM P.R.M. 79-78-A09.

THENCE S 30 DEG. 22 MIN. 26 SEC. E A DISTANCE OF 970.21 FEET TO A POINT; THENCE S 31 DEG. 32 MIN. 25 SEC. E A DISTANCE OF 976.60 FEET TO A POINT; SAID POINT BEING S 23 DEG. 59 MIN. 44 SEC. E A DISTANCE OF 283.03 FEET FROM P.R.M. 79-78-A08-2 1988. THENCE S 31 DEG. 50 MIN. 44 SEC. E A DISTANCE OF 973.78 FEET TO A POINT; SAID POINT BEING S 24 DEG. 08 MIN. 37 SEC. E A DISTANCE OF 407.59 FEET FROM P.R.M. 79-78-A07.

THENCE S 30 DEG. 08 MIN. 47 SEC. E A DISTANCE OF 992.75 FEET TO A POINT; THENCE S 30 DEG. 02 MIN. 05 SEC. E A DISTANCE OF 936.60 FEET TO A POINT; SAID POINT BEING N 42 DEG. 50 MIN. 53 SEC. W A DISTANCE OF 364.98 FEET FROM P.R.M. 79-78-A06-2 1988.

THENCE S 30 DEG. 45 MIN. 11 SEC. E A DISTANCE OF 949.94 FEET TO A POINT; THENCE S 30 DEG. 50 MIN. 34 SEC. E A DISTANCE OF 940.20 FEET TO A POINT; THENCE S 30 DEG. 54 MIN. 34 SEC. E A DISTANCE OF 769.91 FEET TO A POINT; SAID POINT BEING N 73 DEG. 40 MIN. 06 SEC. W A DISTANCE OF 203.34 FEET FROM P.R.M. 79-78-A05.

THENCE S 34 DEG. 12 MIN. 41 SEC. E A DISTANCE OF 835.64 FEET TO A POINT; SAID POINT BEING S 20 DEG. 52 MIN. 47 SEC. E A DISTANCE OF 677.29 FEET FROM P.R.M. ELDORA 1934.

THENCE S 31 DEG. 30 MIN. 17 SEC. E A DISTANCE OF 921.36 FEET TO A POINT; SAID POINT BEING S 78 DEG. 08 MIN. 55 SEC. W A DISTANCE OF 203.50 FEET FROM P.R.M. 79-78-A04.

THENCE S 29 DEG. 03 MIN. 44 SEC. E A DISTANCE OF 978.76 FEET TO A POINT; THENCE S 31 DEG. 15 MIN. 50 SEC. E A DISTANCE OF 989.26 FEET TO A POINT; SAID POINT BEING S 57 DEG. 43 MIN. 02 SEC. W A DISTANCE OF 251.08 FEET FROM P.R.M. 79-78-A03.

THENCE S 30 DEG. 05 MIN. 53 SEC. E A DISTANCE OF 955.86 FEET TO A POINT; THENCE S 30 DEG. 35 MIN. 09 SEC. E A DISTANCE OF 985.76 FEET TO A POINT; THENCE S 30 DEG. 41 MIN. 02 SEC. E A DISTANCE OF 995.94 FEET TO A POINT; SAID POINT BEING N 76 DEG. 06 MIN. 31 SEC. W A DISTANCE OF 238.19 FEET FROM P.R.M. 79-78-A02.

THENCE S 30 DEG. 38 MIN. 50 SEC. E A DISTANCE OF 984.88 FEET TO A POINT; THENCE S 33 DEG. 23 MIN. 33 SEC. E A DISTANCE OF 978.15 FEET TO A POINT; THENCE S 30 DEG. 11 MIN. 41 SEC. E A DISTANCE OF 962.33 FEET TO A POINT; THENCE S 30 DEG. 32 MIN. 19 SEC. E A DISTANCE OF 897.61 FEET TO A POINT; SAID POINT BEING S 09 DEG. 21 MIN. 27 SEC. E A DISTANCE OF 399.11 FEET FROM P.R.M. 79-78-A01-2 1988.

THENCE S 30 DEG. 09 MIN. 18 SEC. E A DISTANCE OF 942.59 FEET TO A POINT; SAID POINT BEING S 27 DEG. 02 MIN. 57 SEC. E A DISTANCE OF 924.58 FEET FROM P.R.M. MOUNT 1934.

THENCE TERMINATES AT THIS POINT OF THE AFOREMENTIONED COURSE AT THE NORTHERLY BOUNDARY OF KENNEDY SPACE CENTER.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 1-24-91, Formerly 16B-26.023, Reviewed 7-30-26.

Fla. Admin. Code R. 62B-26.024 Description of the Bay County Coastal Construction Control Line

(1) There is hereby established, pursuant to section 161.053, F.S., the Bay County Coastal Construction Control Line. The legal description of said line is attached hereto.

(2) This rule shall take effect on the date of filing with the Florida Department of State; and the rule shall be recorded in the public records in the office of the Clerk of the Circuit Court, in and for Bay County, Florida, together with each affected municipality.

(3) After this rule becomes effective, a permit, under section 161.053, F.S., and chapter 62B-33, F.A.C., to alter, excavate or construct on property seaward of the established control line is required from the Department of Environmental Protection.

METES AND BOUNDS DESCRIPTION FOR THE

COASTAL CONSTRUCTION CONTROL LINE BAY COUNTY, FLORIDA

DESCRIPTION OF THE COASTAL CONSTRUCTION CONTROL LINE (CCCL) IS ESTABLISHED IN COMPLIANCE WITH SECTION 161.053 OF THE F.S. SAID CONTROL LINE LYING ALONG THE GULF OF MEXICO COAST FROM WALTON-BAY COUNTY LINE EASTERLY TO THE WESTERN MEAN HIGH WATER LINE OF SAINT ANDREWS PASS. RECOMMENCING AT THE EASTERN MEAN HIGH WATER LINE OF SAINT ANDREWS PASS AND CONTINUING EASTERLY TO THE WESTERN BOUNDARY OF TYNDALL AIR FORCE BASE ON SHELL ISLAND. RECOMMENCING AT THE EASTERN BOUNDARY OF TYNDALL AIR FORCE BASE ON CROOKED ISLAND AND CONTINUING EASTERLY TO ITS TERMINUS AT THE INTERSECTION WITH THE BAY-GULF COUNTY LINE.

SAID COASTAL CONSTRUCTION CONTROL LINE IS RELATED TO A SERIES OF “PERMANENT REFERENCE MONUMENTS” (P.R.M.) DESIGNATED AND HEREINAFTER REFERRED TO AS “60-76-A37,” “46-76-B02 THROUGH 46-76-B04,” “46-91-DA16,” “46-76-B06 THROUGH 46-76-B08,” “46-91-DA15,” “46-91-DA14,” “46-76-B14-2 THROUGH 46-76-B19D 1991,” “46-76-B21,” “46-76-B23,” “46-76-B25,” “46-91-DA13 THROUGH 46-91-DA04,” “R98 BA 96,” “46-76-B36,” “46-76-B38,” “R121 BA 96,” “46-76-A11 THROUGH 46-76-A07,” “46-91-DA03,” “46-91-DA02,” “46-76-A04,” “46-91-DA01.”

FOR MONUMENTS ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, STATE OF FLORIDA, OR REFERRED TO BY STATION NAME FOR MONUMENTS ESTABLISHED BY NATIONAL GEODETIC SURVEY (N.G.S.). SAID PERMANENT REFERENCE MONUMENTS ARE ESTABLISHED ON THE NORTH ZONE OF THE STATE OF FLORIDA PLANE COORDINATE SYSTEM. ALL STATIONS IN THIS DESCRIPTION ARE BASED ON NORTH AMERICAN 1983 DATUM ADJUSTMENT OF 1990.

THE BEARING BASE FOR THIS DESCRIPTION IS GRID NORTH, DETERMINED BY GLOBAL POSITIONING SYSTEM (G.P.S.) OBSERVATIONS MADE AT ALL PERMANENT REFERENCE MONUMENTS (P.R.M.).

COMMENCE AT P.R.M. 60-76-A37; THENCE S 70 DEG. 48 MIN. 25 SEC. E A DISTANCE OF 5,267.73 FEET TO THE POINT OF BEGINNING; THENCE N 87 DEG. 38 MIN. 22 SEC. W TO THE POINT OF INTERSECTION WITH THE BAY-WALTON COUNTY LINE, SAID LINE BEING THE WESTERLY TERMINUS OF THE COASTAL CONSTRUCTION CONTROL LINE FOR BAY COUNTY; THENCE RETURN ALONG THE SAME COURSE TO THE POINT OF BEGINNING; SAID POINT BEING S 70 DEG. 48 MIN. 25 SEC. E A DISTANCE OF 5,267.73 FEET FROM P.R.M. 60-76-A37.

THENCE S 53 DEG. 46 MIN. 51 SEC. E A DISTANCE OF 1,832.84 FEET TO A POINT; THENCE S 50 DEG. 41 MIN. 04 SEC. E A DISTANCE OF 973.22 FEET TO A POINT; THENCE S 64 DEG. 11 MIN. 31 SEC. E A DISTANCE OF 998.36 FEET TO A POINT; THENCE S 64 DEG. 39 MIN. 31 SEC. E A DISTANCE OF 994.65 FEET TO A POINT; THENCE S 64 DEG. 48 MIN. 05 SEC. E A DISTANCE OF 1016.37 FEET TO A POINT; THENCE S 64 DEG. 48 MIN. 46 SEC. E A DISTANCE OF 881.63 FEET TO A POINT; THENCE S 64 DEG. 19 MIN. 17 SEC. E A DISTANCE OF 1,076.73 FEET TO A POINT; SAID POINT BEING N 71 DEG. 08 MIN. 56 SEC. W A DISTANCE OF 331.06 FEET FROM P.R.M. 46-76-B02.

THENCE S 64 DEG. 21 MIN. 32 SEC. E A DISTANCE OF 1,022.77 FEET TO A POINT; THENCE S 64 DEG. 00 MIN. 48 SEC. E A DISTANCE OF 969.86 FEET TO A POINT; THENCE S 63 DEG. 42 MIN. 18 SEC. E A DISTANCE OF 1,117.49 FEET TO A POINT; SAID POINT BEING N 51 DEG. 17 MIN. 40 SEC. E A DISTANCE OF 404.71 FEET FROM P.R.M. 46-76-B03.

THENCE S 63 DEG. 41 MIN. 31 SEC. E A DISTANCE OF 857.27 FEET TO A POINT; THENCE S 63 DEG. 38 MIN. 43 SEC. E A DISTANCE OF 994.78 FEET TO A POINT; SAID POINT BEING S 48 DEG. 21 MIN. 59 SEC. E A DISTANCE OF 423.00 FEET FROM P.R.M. 46-76-B04.

THENCE S 62 DEG. 47 MIN. 39 SEC. E A DISTANCE OF 994.77 FEET TO A POINT; THENCE S 62 DEG. 53 MIN. 39 SEC. E A DISTANCE OF 1,010.68 FEET TO A POINT; THENCE S 61 DEG. 48 MIN. 46 SEC. E A DISTANCE OF 993.60 FEET TO A POINT; THENCE S 61 DEG. 55 MIN. 57 SEC. E A DISTANCE OF 1,011.72 FEET TO A POINT; THENCE S 62 DEG. 05 MIN. 49 SEC. E A DISTANCE OF 979.18 FEET TO A POINT; THENCE S 61 DEG. 22 MIN. 35 SEC. E A DISTANCE OF 1,107.60 FEET TO A POINT; SAID POINT BEING S 60 DEG. 03 MIN. 31 SEC. E A DISTANCE OF 575.74 FEET FROM P.R.M. 46-91-DA16.

THENCE S 61 DEG. 43 MIN. 56 SEC. E A DISTANCE OF 907.73 FEET TO A POINT; THENCE S 62 DEG. 24 MIN. 20 SEC. E A DISTANCE OF 1029.18 FEET TO A POINT; THENCE S 62 DEG. 27 MIN. 53 SEC. E A DISTANCE OF 862.89 FEET TO A POINT; THENCE S 60 DEG. 11 MIN. 13 SEC. E A DISTANCE OF 1,160.08 FEET TO A POINT; THENCE S 61 DEG. 01 MIN. 33 SEC. E A DISTANCE OF 1,003.11 FEET TO A POINT; SAID POINT BEING S 55 DEG. 57 MIN. 51 SEC. E A DISTANCE OF 356.08 FEET FROM P.R.M. 46-76-B06.

THENCE S 61 DEG. 51 MIN. 33 SEC. E A DISTANCE OF 1,055.67 FEET TO A POINT; THENCE S 62 DEG. 09 MIN. 18 SEC. E A DISTANCE OF 891.51 FEET TO A POINT; THENCE S 61 DEG. 38 MIN. 35 SEC. E A DISTANCE OF 975.01 FEET TO A POINT; SAID POINT BEING S 56 DEG. 48 MIN. 54 SEC. E A DISTANCE OF 539.64 FEET FROM P.R.M. 46-76-B07.

THENCE S 60 DEG. 10 MIN. 49 SEC. E A DISTANCE OF 935.60 FEET TO A POINT; THENCE S 60 DEG. 29 MIN. 46 SEC. E A DISTANCE OF 1,104.11 FEET TO A POINT; THENCE S 59 DEG. 29 MIN. 08 SEC. E A DISTANCE OF 986.25 FEET TO A POINT; THENCE S 60 DEG. 08 MIN. 44 SEC. E A DISTANCE OF 958.51 FEET TO A POINT; SAID POINT BEING N 44 DEG. 10 MIN. 16 SEC. W A DISTANCE OF 273.45 FEET FROM P.R.M. 46-76-B08.

THENCE S 59 DEG. 47 MIN. 24 SEC. E A DISTANCE OF 1,039.05 FEET TO A POINT; THENCE S 59 DEG. 13 MIN. 33 SEC. E A DISTANCE OF 933.48 FEET TO A POINT; THENCE S 59 DEG. 14 MIN. 50 SEC. E A DISTANCE OF 1,055.98 FEET TO A POINT; THENCE S 58 DEG. 24 MIN. 14 SEC. E A DISTANCE OF 1,510.98 FEET TO A POINT; SAID POINT BEING N 76 DEG. 23 MIN. 42 SEC. W A DISTANCE OF 110.15 FEET FROM P.R.M. 46-91-DA15.

THENCE S 58 DEG. 25 MIN. 33 SEC. E A DISTANCE OF 1,081.83 FEET TO A POINT; THENCE S 59 DEG. 48 MIN. 57 SEC. E A DISTANCE OF 1,050.09 FEET TO A POINT; THENCE S 58 DEG. 46 MIN. 06 SEC. E A DISTANCE OF 824.69 FEET TO A POINT; THENCE S 58 DEG. 23 MIN. 48 SEC. E A DISTANCE OF 1,087.12 FEET TO A POINT; SAID POINT BEING N 68 DEG. 36 MIN. 06 SEC. W A DISTANCE OF 181.52 FEET FROM P.R.M. 46-91-DA14.

THENCE S 58 DEG. 19 MIN. 22 SEC. E A DISTANCE OF 976.45 FEET TO A POINT; THENCE S 57 DEG. 01 MIN. 43 SEC. E A DISTANCE OF 1,047.29 FEET TO A POINT; THENCE S 57 DEG. 01 MIN. 59 SEC. E A DISTANCE OF 982.38 FEET TO A POINT; THENCE S 58 DEG. 01 MIN. 53 SEC. E A DISTANCE OF 812.38 FEET TO A POINT; SAID POINT BEING N 58 DEG. 58 MIN. 59 SEC. W A DISTANCE OF 581.77 FEET FROM P.R.M. 46-76-B14-2.

THENCE S 59 DEG. 04 MIN. 56 SEC. E A DISTANCE OF 1,227.43 FEET TO A POINT; THENCE S 59 DEG. 10 MIN. 00 SEC. E A DISTANCE OF 740.04 FEET TO A POINT; THENCE S 57 DEG. 41 MIN. 02 SEC. E A DISTANCE OF 1,214.01 FEET TO A POINT; THENCE S 57 DEG. 28 MIN. 38 SEC. E A DISTANCE OF 1,035.94 FEET TO A POINT; SAID POINT BEING N 62 DEG. 22 MIN. 14 SEC. W A DISTANCE OF 481.89 FEET FROM P.R.M. 46-76-B15.

THENCE S 54 DEG. 49 MIN. 14 SEC. E A DISTANCE OF 849.09 FEET TO A POINT; THENCE S 57 DEG. 56 MIN. 30 SEC. E A DISTANCE OF 1,242.30 FEET TO A POINT; THENCE S 58 DEG. 02 MIN. 40 SEC. E A DISTANCE OF 935.06 FEET TO A POINT; THENCE S 56 DEG. 19 MIN. 46 SEC. E A DISTANCE OF 930.99 FEET TO A POINT; THENCE S 55 DEG. 41 MIN. 13 SEC. E A DISTANCE OF 1,021.58 FEET TO A POINT; SAID POINT BEING S 55 DEG. 45 MIN. 19 SEC. E A DISTANCE OF 615.75 FEET FROM P.R.M. 46-76-B16.

THENCE S 56 DEG. 25 MIN. 35 SEC. E A DISTANCE OF 1,042.34 FEET TO A POINT; THENCE S 56 DEG. 05 MIN. 18 SEC. E A DISTANCE OF 991.61 FEET TO A POINT; THENCE S 55 DEG. 24 MIN. 16 SEC. E A DISTANCE OF 1,002.44 FEET TO A POINT; SAID POINT BEING S 37 DEG. 29 MIN. 52 SEC. E A DISTANCE OF 351.53 FEET FROM P.R.M. 46-76-B17.

THENCE S 56 DEG. 34 MIN. 33 SEC. E A DISTANCE OF 1,357.26 FEET TO A POINT; THENCE S 56 DEG. 19 MIN. 09 SEC. E A DISTANCE OF 1,303.91 FEET TO A POINT; THENCE S 56 DEG. 36 MIN. 26 SEC. E A DISTANCE OF 397.82 FEET TO A POINT; SAID POINT BEING S 35 DEG. 26 MIN. 02 SEC. E A DISTANCE OF 343.75 FEET FROM P.R.M. 46-76-B18.

THENCE S 56 DEG. 22 MIN. 40 SEC. E A DISTANCE OF 864.91 FEET TO A POINT; THENCE S 57 DEG. 13 MIN. 23 SEC. E A DISTANCE OF 1,111.11 FEET TO A POINT; SAID POINT BEING S 07 DEG. 08 MIN. 42 SEC. E A DISTANCE OF 111.23 FEET FROM P.R.M. 46-76-B19.

THENCE S 55 DEG. 41 MIN. 13 SEC. E A DISTANCE OF 1,075.49 FEET TO A POINT; THENCE S 56 DEG. 32 MIN. 47 SEC. E A DISTANCE OF 855.86 FEET TO A POINT; SAID POINT BEING S 06 DEG. 07 MIN. 16 SEC. E A DISTANCE OF 515.96 FEET FROM P.R.M. 46-76-B19B 1991.

THENCE S 56 DEG. 45 MIN. 32 SEC. E A DISTANCE OF 995.74 FEET TO A POINT; SAID POINT BEING S 16 DEG. 59 MIN. 30 SEC. W A DISTANCE OF 422.79 FEET FROM P.R.M. 46-76-B19C 1991.

THENCE S 54 DEG. 20 MIN. 14 SEC. E A DISTANCE OF 935.95 FEET TO A POINT; SAID POINT BEING S 35 DEG. 28 MIN. 18 SEC. W A DISTANCE OF 65.41 FEET FROM P.R.M. 46-76-B19D 1991.

THENCE S 54 DEG. 28 MIN. 53 SEC. E A DISTANCE OF 986.86 FEET TO A POINT; THENCE S 54 DEG. 51 MIN. 49 SEC. E A DISTANCE OF 1,066.65 FEET TO A POINT; SAID POINT BEING S 78 DEG. 09 MIN. 53 SEC. W A DISTANCE OF 131.24 FEET FROM P.R.M. 46-76-B21.

THENCE S 55 DEG. 29 MIN. 55 SEC. E A DISTANCE OF 996.62 FEET TO A POINT; THENCE S 55 DEG. 16 MIN. 23 SEC. E A DISTANCE OF 1,111.92 FEET TO A POINT; SAID POINT BEING S 06 DEG. 12 MIN. 52 SEC. W A DISTANCE OF 236.84 FEET FROM P.R.M. 46-76-B23.

THENCE S 55 DEG. 07 MIN. 58 SEC. E A DISTANCE OF 893.84 FEET TO A POINT; THENCE S 54 DEG. 38 MIN. 26 SEC. E A DISTANCE OF 992.39 FEET TO A POINT; SAID POINT BEING S 50 DEG. 00 MIN. 34 SEC. W A DISTANCE OF 323.11 FEET FROM P.R.M. 46-76-B25.

THENCE S 56 DEG. 43 MIN. 54 SEC. E A DISTANCE OF 970.35 FEET TO A POINT; THENCE S 56 DEG. 46 MIN. 34 SEC. E A DISTANCE OF 930.42 FEET TO A POINT; SAID POINT BEING S 40 DEG. 30 MIN. 28 SEC. W A DISTANCE OF 587.69 FEET FROM P.R.M. 46-91-DA13.

THENCE S 53 DEG. 55 MIN. 35 SEC. E A DISTANCE OF 1,071.19 FEET TO A POINT; THENCE S 53 DEG. 51 MIN. 12 SEC. E A DISTANCE OF 1,012.43 FEET TO A POINT; SAID POINT BEING S 00 DEG. 02 MIN. 01 SEC. W A DISTANCE OF 578.03 FEET FROM P.R.M. 46-91-DA12.

THENCE S 53 DEG. 54 MIN. 23 SEC. E A DISTANCE OF 858.37 FEET TO A POINT; THENCE S 53 DEG. 01 MIN. 31 SEC. E A DISTANCE OF 1,138.60 FEET TO A POINT; THENCE S 52 DEG. 33 MIN. 38 SEC. E A DISTANCE OF 979.40 FEET TO A POINT; SAID POINT BEING S 47 DEG. 19 MIN. 24 SEC. W A DISTANCE OF 452.59 FEET FROM P.R.M. 46-91-DA11.

THENCE S 53 DEG. 49 MIN. 31 SEC. E A DISTANCE OF 924.44 FEET TO A POINT; THENCE S 51 DEG. 20 MIN. 29 SEC. E A DISTANCE OF 918.39 FEET TO A POINT; SAID POINT BEING S 03 DEG. 38 MIN. 56 SEC. E A DISTANCE OF 955.79 FEET FROM P.R.M. 46-91-DA10.

THENCE S 51 DEG. 26 MIN. 59 SEC. E A DISTANCE OF 1,122.82 FEET TO A POINT; THENCE S 51 DEG. 09 MIN. 08 SEC. E A DISTANCE OF 992.33 FEET TO A POINT; SAID POINT BEING S 88 DEG. 42 MIN. 41 SEC. W A DISTANCE OF 1181.49 FEET FROM P.R.M. 46-91-DA09.

THENCE S 49 DEG. 57 MIN. 48 SEC. E A DISTANCE OF 994.91 FEET TO A POINT; THENCE S 48 DEG. 43 MIN. 44 SEC. E A DISTANCE OF 1,027.75 FEET TO A POINT; THENCE S 46 DEG. 07 MIN. 35 SEC. E A DISTANCE OF 983.65 FEET TO A POINT; SAID POINT BEING S 02 DEG. 35 MIN. 15 SEC. W A DISTANCE OF 954.17 FEET FROM P.R.M. 46-91-DA08.

THENCE S 48 DEG. 16 MIN. 11 SEC. E A DISTANCE OF 970.47 FEET TO A POINT; THENCE S 47 DEG. 49 MIN. 30 SEC. E A DISTANCE OF 1,181.98 FEET TO A POINT; SAID POINT BEING S 87 DEG. 30 MIN. 41 SEC. W A DISTANCE OF 949.57 FEET FROM P.R.M. 46-91-DA07.

THENCE S 49 DEG. 06 MIN. 57 SEC. E A DISTANCE OF 797.94 FEET TO A POINT; THENCE S 47 DEG. 17 MIN. 59 SEC. E A DISTANCE OF 1,076.88 FEET TO A POINT; THENCE S 47 DEG. 46 MIN. 39 SEC. E A DISTANCE OF 853.62 FEET TO A POINT; SAID POINT BEING N 86 DEG. 49 MIN. 08 SEC. W A DISTANCE OF 905.14 FEET FROM P.R.M. 46-91-DA06A.

THENCE S 44 DEG. 57 MIN. 03 SEC. E A DISTANCE OF 1,062.43 FEET TO A POINT; SAID POINT BEING S 77 DEG. 58 MIN. 31 SEC. W A DISTANCE OF 436.42 FEET FROM P.R.M. 46-91-DA06.

THENCE S 46 DEG. 28 MIN. 08 SEC. E A DISTANCE OF 1,044.37 FEET TO A POINT; THENCE S 46 DEG. 27 MIN. 44 SEC. E A DISTANCE OF 947.39 FEET TO A POINT; SAID POINT BEING N 88 DEG. 14 MIN. 50 SEC. W A DISTANCE OF 545.71 FEET FROM P.R.M. 46-91-DA05.

THENCE S 46 DEG. 24 MIN. 57 SEC. E A DISTANCE OF 994.50 FEET TO A POINT; THENCE S 44 DEG. 51 MIN. 17 SEC. E A DISTANCE OF 980.58 FEET TO A POINT; SAID POINT BEING S 34 DEG. 55 MIN. 17 SEC. E A DISTANCE OF 744.55 FEET FROM P.R.M. 46-91-DA04A.

THENCE S 45 DEG. 02 MIN. 10 SEC. E A DISTANCE OF 1,072.91 FEET TO A POINT; THENCE S 45 DEG. 12 MIN. 23 SEC. E A DISTANCE OF 958.65 FEET TO A POINT; THENCE S 44 DEG. 43 MIN. 32 SEC. E A DISTANCE OF 1,010.29 FEET TO A POINT; THENCE S 44 DEG. 30 MIN. 24 SEC. E A DISTANCE OF 957.11 FEET TO A POINT; SAID POINT BEING S 48 DEG. 03 MIN. 13 SEC. E A DISTANCE OF 979.25 FEET FROM P.R.M. 46-91-DA04.

THENCE S 44 DEG. 30 MIN. 25 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE WESTERN SHORE OF SAINT ANDREWS PASS; THENCE RETURN ALONG THE SAME PATH TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 48 DEG. 03 MIN. 13 SEC. E A DISTANCE OF 979.25 FEET FROM P.R.M. 46-91-DA04.

RECOMMENCE AT P.R.M. R 98 BA 96, THENCE S 23 DEG. 29 MIN. 35 SEC. W A DISTANCE OF 74.46 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 52 DEG. 25 MIN. 16 SEC. W TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE EASTERN SHORE OF SAINT ANDREWS PASS; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 23 DEG. 29 MIN. 35 SEC. W A DISTANCE OF 74.46 FEET FROM P.R.M. R 98 BA 96.

THENCE S 52 DEG. 25 MIN. 16 SEC. E A DISTANCE OF 1,071.88 FEET TO A POINT; THENCE S 50 DEG. 11 MIN. 23 SEC. E A DISTANCE OF 982.92 FEET TO A POINT; THENCE S 51 DEG. 03 MIN. 19 SEC. E A DISTANCE OF 1,011.08 FEET TO A POINT; THENCE S 46 DEG. 15 MIN. 28 SEC. E A DISTANCE OF 1,019.71 FEET TO A POINT; THENCE S 49 DEG. 49 MIN. 27 SEC. E A DISTANCE OF 950.69 FEET TO A POINT; THENCE S 52 DEG. 41 MIN. 19 SEC. E A DISTANCE OF 1,065.54 FEET TO A POINT; THENCE S 52 DEG. 53 MIN. 18 SEC. E A DISTANCE OF 960.99 FEET TO A POINT; THENCE S 53 DEG. 49 MIN. 26 SEC. E A DISTANCE OF 990.06 FEET TO A POINT; THENCE S 53 DEG. 24 MIN. 18 SEC. E A DISTANCE OF 950.90 FEET TO A POINT; THENCE S 54 DEG. 30 MIN. 54 SEC. E A DISTANCE OF 992.78 FEET TO A POINT; THENCE S 55 DEG. 12 MIN. 02 SEC. E A DISTANCE OF 1,018.75 FEET TO A POINT; THENCE S 54 DEG. 42 MIN. 59 SEC. E A DISTANCE OF 988.52 FEET TO A POINT; SAID POINT BEING S 81 DEG. 43 MIN. 34 SEC. E A DISTANCE OF 144.72 FEET FROM P.R.M. 46-76-B36.

THENCE S 58 DEG. 42 MIN. 30 SEC. E A DISTANCE OF 965.32 FEET TO A POINT; THENCE S 60 DEG. 11 MIN. 15 SEC. E A DISTANCE OF 1,014.24 FEET TO A POINT; THENCE S 60 DEG. 59 MIN. 14 SEC. E A DISTANCE OF 989.83 FEET TO A POINT; THENCE S 61 DEG. 28 MIN. 31 SEC. E A DISTANCE OF 995.19 FEET TO A POINT; THENCE S 61 DEG. 27 MIN. 23 SEC. E A DISTANCE OF 957.15 FEET TO A POINT; THENCE S 64 DEG. 32 MIN. 34 SEC. E A DISTANCE OF 978.61 FEET TO A POINT; THENCE S 57 DEG. 57 MIN. 51 SEC. E A DISTANCE OF 988.79 FEET TO A POINT; THENCE S 60 DEG. 54 MIN. 26 SEC. E A DISTANCE OF 878.30 FEET TO A POINT; SAID POINT BEING S 33 DEG. 51 MIN. 02 SEC. E A DISTANCE OF 469.85 FEET FROM P.R.M. 46-76-B38.

THENCE S 63 DEG. 33 MIN. 18 SEC. E A DISTANCE OF 956.53 FEET TO A POINT; THENCE S 63 DEG. 08 MIN. 27 SEC. E A DISTANCE OF 981.72 FEET TO A POINT; THENCE S 64 DEG. 33 MIN. 34 SEC. E A DISTANCE OF 965.13 FEET TO A POINT; SAID POINT BEING S 62 DEG. 44 MIN. 45 SEC. W A DISTANCE OF 28.76 FEET FROM P.R.M. R121 BAY 96. THENCE S 64 DEG. 33 MIN. 34 SEC. E TO THE INTERSECTION WITH THE WESTERLY BOUNDARY OF TYNDALL AIR FORCE BASE ON SHELL ISLAND.

RECOMMENCE AT P.R.M. 46-76-A11 THENCE S 70 DEG. 44 MIN. 49 SEC. E A DISTANCE OF 60.70 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 66 DEG. 45 MIN. 53 SEC. W TO THE POINT OF INTERSECTION WITH THE EASTERLY BOUNDARY OF TYNDALL AIR FORCE BASE ON CROOKED ISLAND; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 70 DEG. 44 MIN. 49 SEC. E A DISTANCE OF 60.70 FEET FROM P.R.M. 46-76-A11.

THENCE S 66 DEG. 45 MIN. 53 SEC. E A DISTANCE OF 1,047.72 FEET TO A POINT; THENCE S 67 DEG. 12 MIN. 44 SEC. E A DISTANCE OF 1,054.73 FEET TO A POINT; SAID POINT BEING N 49 DEG. 16 MIN. 53 SEC. W A DISTANCE OF 628.05 FEET FROM P.R.M. 46-76-A10.

THENCE S 64 DEG. 02 MIN. 57 SEC. E A DISTANCE OF 983.47 FEET TO A POINT; THENCE S 74 DEG. 29 MIN. 01 SEC. E A DISTANCE OF 1,015.82 FEET TO A POINT; THENCE S 84 DEG. 57 MIN. 07 SEC. E A DISTANCE OF 990.90 FEET TO A POINT; SAID POINT BEING N 32 DEG. 41 MIN. 52 SEC. W A DISTANCE OF 494.98 FEET FROM P.R.M. 46-76-A09.

THENCE S 73 DEG. 50 MIN. 54 SEC. E TO THE POINT OF INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE WESTERN BANK OF A CANAL; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING N 32 DEG. 41 MIN. 52 SEC. W A DISTANCE OF 494.98 FEET FROM P.R.M. 46-76-A09.

RECOMMENCE AT P.R.M. 46-76-A09, THENCE S 89 DEG. 38 MIN. 56 SEC. E A DISTANCE OF 1,196.21 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 73 DEG. 50 MIN. 54 SEC. W TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE EASTERN SHORE OF A CANAL; THENCE RETURN ALONG THE SAME COURSE TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING S 89 DEG. 38 MIN. 56 SEC. E A DISTANCE OF 1196.21 FEET FROM P.R.M. 46-76-A09.

THENCE S 73 DEG. 32 MIN. 57 SEC. E A DISTANCE OF 1021.84 FEET TO A POINT; THENCE S 64 DEG. 09 MIN. 31 SEC. E A DISTANCE OF 1,060.54 FEET TO A POINT; THENCE S 63 DEG. 05 MIN. 33 SEC. E A DISTANCE OF 1,083.07 FEET TO A POINT; SAID POINT BEING S 12 DEG. 16 MIN. 16 SEC. W A DISTANCE OF 288.70 FEET FROM P.R.M. 46-76-A07.

THENCE S 57 DEG. 53 MIN. 43 SEC. E A DISTANCE OF 1,003.40 FEET TO A POINT; THENCE S 52 DEG. 20 MIN. 34 SEC. E A DISTANCE OF 1,028.00 FEET TO A POINT; THENCE S 58 DEG. 19 MIN. 21 SEC. E A DISTANCE OF 1,029.14 FEET TO A POINT; SAID POINT BEING S 65 DEG. 11 MIN. 45 SEC. E A DISTANCE OF 474.66 FEET FROM P.R.M. 46-91-DA03.

THENCE S 51 DEG. 10 MIN. 54 SEC. E A DISTANCE OF 1,186.07 FEET TO A POINT; THENCE S 51 DEG. 34 MIN. 45 SEC. E A DISTANCE OF 948.26 FEET TO A POINT; THENCE S 48 DEG. 55 MIN. 53 SEC. E A DISTANCE OF 1,034.27 FEET TO A POINT; SAID POINT BEING N 01 DEG. 19 MIN. 07 SEC. W A DISTANCE OF 82.25 FEET FROM P.R.M. 46-91-DA02.

THENCE S 45 DEG. 42 MIN. 24 SEC. E A DISTANCE OF 1,021.03 FEET TO A POINT; THENCE S 46 DEG. 19 MIN. 16 SEC. E A DISTANCE OF 984.06 FEET TO A POINT; THENCE S 45 DEG. 25 MIN. 00 SEC. E A DISTANCE OF 1,010.24 FEET TO A POINT; SAID POINT BEING S 62 DEG. 44 MIN. 50 SEC. E A DISTANCE OF 287.01 FEET FROM P.R.M. 46-76-A04.

THENCE S 44 DEG. 47 MIN. 00 SEC. E A DISTANCE OF 997.97 FEET TO A POINT; THENCE S 45 DEG. 26 MIN. 10 SEC. E A DISTANCE OF 1,000.02 FEET TO A POINT; THENCE S 45 DEG. 17 MIN. 55 SEC. E A DISTANCE OF 935.00 FEET TO A POINT; SAID POINT BEING N 31 DEG. 06 MIN. 37 SEC. W A DISTANCE OF 592.13 FEET FROM P.R.M. 46-91-DA01.

THENCE S 46 DEG. 01 MIN. 18 SEC. E TO THE POINT OF INTERSECTION WITH THE BAY-GULF COUNTY LINE AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED COASTAL CONSTRUCTION CONTROL LINE FOR BAY COUNTY, FLORIDA.

History

• Rulemaking Authority 161.053(2), 161.053(20) FS. Law Implemented 161.053 FS. History–New 2-7-97, Reviewed 7-30-26.

Chapter 62B-33 RULES AND PROCEDURES FOR COASTAL CONSTRUCTION AND EXCAVATION (PERMITS FOR CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE AND FIFTY-FOOT SETBACK)

Fla. Admin. Code R. 62B-33.001 Scope

History

• Rulemaking Authority 370.021(1) FS. Law Implemented 161.052, 161.053, 161.054, 161.071, 370.021(1) FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.01, 16B-33.001, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.002 Definitions

(1) “Agent” is any person with the written power or authority to act on behalf of the applicant for purposes of an application submitted under Chapter 161, F.S.

(2) “Applicant” is any person, firm, corporation, county, municipality, township, special district, or any public agency or their authorized agent having authority pursuant to Section 161.052 or 161.053, F.S., to request a permit to conduct construction seaward of the control line or fifty-foot setback. An applicant may include the owner of record, agent, leaseholder, or holder of any legal instrument which gives the holder legal authority to undertake the construction for which a permit is sought.

(3) “Armoring” is a manmade structure designed to either prevent erosion of the upland property or protect structures from the effects of coastal wave and current action, and anticipated relative sea level rise. Armoring includes certain rigid coastal structures such as geotextile bags or tubes, seawalls, revetments, bulkheads, retaining walls, or similar structures but does not include jetties, groins, or other construction whose purpose is to add sand to the beach and dune system, alter the natural coastal currents, or stabilize inlet shorelines.

(4) “Armoring Replacement” is the complete replacement, no further seaward or immediately seaward (when abutting the existing structure), of existing armoring that has deteriorated, has exceeded its design service life or has been significantly damaged, with new armoring of similar design.

(5) “Armoring Upgrade” is an improvement to existing functional and intact armoring. Examples may include addition or extension of return walls, and increasing the cap elevation of the existing armoring.

(6) “Beach” is the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation.

(7) “Beach and Dune System” is that portion of the coastal system where there has been or there is expected to be, over time and as a matter of natural occurrence, cyclical and dynamic emergence, destruction, and reemergence of beaches and dunes.

(8) “Coastal Construction Control Line” (CCCL) or “Control Line” is the line established pursuant to the provisions of Section 161.053, F.S., and recorded in the official records of the county, which defines that portion of the beach-dune system subject to severe fluctuations based on a 100-year storm surge, storm waves, or other predictable weather conditions.

(9) “Coastal System” is the beach and adjacent upland dune system and vegetation seaward of the CCCL; swash zone; surf zone; breaker zone; offshore and longshore shoals; reefs and bars; tidal, wind, and wave driven currents; longshore and onshore/offshore drift of sediment materials; inlets and their ebb and flood tide shoals and zones of primary tidal influence; and all other associated natural and manmade topographic features and coastal construction.

(10) “Construction” is any work or activity, including those activities specified in Sections 161.053(2) and 161.052, F.S., which may have an impact as defined in this rule.

(11) “Construction Debris” is the refuse, trash, or discarded material resulting from storm damage, or the construction or demolition of a structure. For the purpose of this Chapter, construction debris shall not include such material which has been sorted, cleaned, and otherwise processed such that it meets the suitability criteria for armoring materials set forth in this Chapter.

(12) “Department” is the Florida Department of Environmental Protection.

(13) “Dune” is a mound, bluff or ridge of loose sediment, usually sand-sized sediment, lying upland of the beach and deposited by any natural or artificial mechanism, which may be bare or covered with vegetation and is subject to fluctuations in configuration and location.

(a) “Significant dune” is a dune which has sufficient height and configuration or vegetation to offer protective value.

(b) “Primary dune” is a significant dune which has sufficient alongshore continuity to offer protective value to upland property. The primary dune may be separated from the frontal dune by an interdunal trough; however, the primary dune may be considered the frontal dune if located immediately landward of the beach.

(14) “Eligible Structures” are public infrastructure and private structures qualified for armoring as follows:

(a) Public infrastructure includes those roads designated as public evacuation routes, public emergency facilities, bridges, power facilities, water or wastewater facilities, other utilities, hospitals, or structures of local governmental, state, or national significance.

(b) Private structures, located partially or wholly seaward of the coastal construction control line, include:

1. Non-conforming habitable structures,

2. Major non-habitable structures which are not expendable,

3. Expendable major structures which are amenities necessary for occupation of the major structure; and,

4. Expendable major structures whose failure would cause an adjacent upland non-conforming habitable structure or major non-habitable structure, which is not expendable, to become vulnerable.

(c) Eligible structures do not include minor structures.

(15) “Emergency Protection” is the use of armoring or other measures such as sand fill or expedient foundation reinforcement to temporarily protect eligible structures which are threatened by erosion as a result of recent storm events.

(16) “Erosion” is the wearing away of land or the removal of consolidated or unconsolidated material from the beach and dune system by wind, water, or wave action. Erosion includes:

(a) Landward horizontal movement of the line of mean high water or beach and dune system profile.

(b) Vertical lowering or volumetric loss of sediment from the beach and dune system or the offshore profile.

(17) “Excavation” is any mechanical or manual removal or alteration of consolidated or unconsolidated soil or rock material from or within the beach and dune system.

(18) “Expendable Structure” means a structure that is subject to use or consumption, suitable for sacrifice, is not essential to preserve, or is not necessary for the occupation of a habitable structure.

(19) “Fifty (50)-foot Setback” or “Setback Line” is the line of jurisdiction established pursuant to the provisions of Section 161.052, F.S., in which construction is prohibited within 50 feet of the line of mean high water at any riparian coastal location fronting the Gulf of America or the Atlantic coast shoreline.

(20) “Fixed Coastal Cell” is a geomorphological component of the coastal system which is closely linked internally by active physical processes and is bounded by physical features which exercise a major control on refraction patterns or which compartmentalize or severely limit longshore sediment transport such as headlands or inlets.

(21) “Foundation” is the portion of a structure which transmits the associated dead and live loads of the structure to the ground and includes, but is not limited to, spread footings, foundation walls, posts, piers, piles, beams, girders, structural slabs, cross bracing, and all related connectors. For habitable major structures, the foundation includes all load bearing components below the first habitable floor. For pavements, the foundation includes the subbase and base course layers supporting the pavement layer.

(22) “Geotextile container” is a bag or tube, made of blanket-like synthetic fibers manufactured in a woven or loose nonwoven manner, used as an agent to hold together a large mass of sand forming a rigid tubular structure.

(23) “Global Positioning Systems (GPS)” is a passive, satellite-based, navigation system operated and maintained by the United States Department of Defense. Its primary mission is to provide passive global positioning/navigation for land, air, and sea-based activities.

(24) “Governmental Entity,” as used in Rule 62B-33.0051, F.A.C., Coastal Armoring and Related Structures, is defined as an agency, political subdivision, or municipality having jurisdiction over the proposed activities.

(25) “Hydrodynamic Loads” are those horizontal and vertical forces resulting from a mass of water in motion, such as the forces associated with the flow accompanying a storm surge. Hydrodynamic loads include the effects of turbulence resulting from the interaction of the flowing water mass with a rigid structure.

(26) “Hydrostatic Loads” are those horizontal and vertical forces resulting from a standing mass of water.

(27) “Immediately Adjacent Properties” are properties lying contiguous to a property proposed for construction including properties separated by a road, right-of-way, or accessway and those seaward and landward of the property.

(28) “Impacts” are those effects, whether direct or indirect, short or long term, which are expected to occur as a result of construction and are defined as follows:

(a) “Adverse Impacts” are impacts to the coastal system that may cause a measurable interference with the natural functioning of the coastal system.

(b) “Significant Adverse Impacts” are adverse impacts of such magnitude that they may:

1. Alter the coastal system by:

a. Measurably affecting the existing shoreline change rate,

b. Significantly interfering with its ability to recover from a coastal storm,

c. Disturbing topography or vegetation such that the dune system becomes unstable or suffers catastrophic failure or the protective value of the dune system is significantly lowered, or

2. Cause a take, as defined in Section 379.2431(1), F.S., unless the take is incidental pursuant to Section 379.2431(1)(h), F.S.

(c) “Minor Impacts” are impacts associated with construction which are not adverse impacts due to their magnitude or temporary nature.

(d) “Other Impacts” are impacts associated with construction which may result in damage to existing structures or property or interference with lateral beach access.

(29) “Major Reconstruction” is the complete or partial replacement or rebuilding, no further seaward or immediately seaward (when abutting the existing structure), to its original elevation, of a significant portion of an existing armoring structure which has failed or deteriorated or exceeded its service life.

(30) “Marine Turtle” is any turtle, including all life stages from egg to adult, of the species Caretta caretta (loggerhead), Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricata (hawksbill), and Lepidochelys kempi (Kemp’s ridley).

(31) “Marine Turtle Nesting Habitat” is all sandy beaches adjoining the waters of the Atlantic Ocean, the Gulf of America, and the Straits of Florida in all coastal counties and all inlet shorelines of those beaches. Nesting habitat includes all sandy beach and unvegetated or sparsely vegetated dunes immediately adjacent to the sandy beach and accessible to nesting female turtles.

(32) “Mean Tidal Range” is the difference in height between mean high water and mean low water.

(33) “Minor Reconstruction” is the routine repair of an existing, functional, and intact armoring which is necessary to maintain the structural and functional integrity of the structure as originally designed and includes: repair or replacement of caps, return walls, tiebacks, individual sheet piles, and armor stone.

(34) “Mitigation” is an action or series of actions taken by the applicant that will offset impacts caused by a proposed or existing construction project.

(35) “NAD 83/90” – is the North American Datum 1983 adjustment of 1990.

(36) “NAVD 88” is the North American Vertical Datum of 1988.

(37) “NGVD” is National Geodetic Vertical Datum, as established by the National Ocean Survey (formerly called “mean sea level datum, 1929”).

(38) “Native Vegetation” is a species of vegetation indigenous to the beach dune system in the project area.

(39) “Nesting Activity” is any activity by marine turtles associated with nesting including: beach selection, emergence from marine waters onto the beach, nest site selection, transit to and from the nest site, nest excavation, egg deposition, nest covering, incubation of eggs, hatching, hatchling emergence, orientation, and the transit of hatchlings into marine waters.

(40) “Nesting Season” is the nesting period for marine turtles from May 1 through October 31 of each year for all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward. Nesting season for these counties is the period from March 1 through October 31 of each year.

(41) “Nonconforming Structure” is any major habitable structure which was not constructed pursuant to a permit issued by the Department pursuant to Section 161.052 or 161.053, F.S., on or after March 17, 1985.

(42) “Notice to Proceed” is the formal notification from the Department authorizing all or portions of the permitted construction to commence.

(43) “One-hundred-year Storm” or “100-year Storm” is a shore-incident hurricane or any other storm with accompanying wind, wave, and storm surge intensity having a one percent chance of being equaled or exceeded in any given year.

(44) “Permit” is the authorization issued by the Department to conduct certain specified construction in a specified location seaward of a control line, upon issuance of a Notice to Proceed. Permit shall also include variances of the 50-foot setback requirements.

(45) “Permit Condition” is a statement or stipulation issued with, and appearing in or referenced in, a permit.

(46) “Protective Value” is the measurable protection level afforded by the dune system to upland property and structures from the predictable erosion and storm surge levels associated with coastal storm events.

(47) “Rebuilding” is a substantial improvement of the existing structure as defined in Section 161.54, F.S.

(48) “Registered Professional” means a professional registered or licensed by and in the State of Florida and practicing under Chapter 471, 472, 481, or 492, F.S.

(49) “Relative Sea Level Rise” is defined as sea level rise measured by professionally accepted and approved tide gauge consistent with Section 380.093(3)(d)3.d., F.S.

(50) “Reissued Permit” is a permit for the same structures and/or activities that were previously authorized by the Department but construction was not completed.

(51) “Repair” is the restoration of a portion of an existing structure, including the foundation of the structure, to its original design or an equivalent structural standard. Repair of a structure assumes that a significant portion of the structure, including its foundation, remains intact.

(52) “Revetment” is a sloped, facing structure made of an armoring material designed to protect an escarpment or embankment or an upland structure from erosion by wave or current action.

(53) “Scour” is erosion caused by the interaction of waves and currents with man-made structures or natural features.

(54) “Seawall” is a structure separating land from water areas, primarily designed to prevent erosion and other damage due to wave or current action.

(55) “Shoreline” is the intersection of a specified plane of water with the beach. For example, the mean high water shoreline is the intersection of the plane of mean high water with the beach.

(56) “Shoreline Change Rate” is the average annual horizontal shift of the intersection of the foreshore slope of the beach with the referenced water plane, based on recorded historical measurements.

(57) “Storm Surge” is the rise of water above normal water level on the open coast due to a number of factors, including the action of wind stress on the water surface and the rise in water level due to atmospheric pressure reduction.

(58) “Structure” is the composite result of putting together or building related components in an ordered scheme. Enumeration of types of structures in this rule subsection shall not be construed as excluding from the application of this rule chapter any other structure which by usage, design, dimensions, or structural configuration meets the general definition herein provided and requires engineering considerations similar to the following:

(a) “Rigid Coastal Structures” are characterized by their solid or highly impermeable design or construction. Typically included within this category are groins, breakwaters, mound structures, jetties, weirs, seawalls, bulkheads, and revetments.

(b) “Minor Structures” are designed to be expendable, and to minimize resistance to forces associated with high frequency storms and to break away when subjected to such forces, and which are of such size or design as to have a minor impact on the beach and dune system.

(c) “Major Structures” which, as a result of design, location, or size could cause an adverse impact to the beach and dune system. Major structures include:

1. “Nonhabitable Major Structures” which are designed primarily for uses other than human occupancy. Typically included within this category are roads, bridges, storm water outfalls, bathhouses, cabanas, swimming pools, and garages.

2. “Habitable Major Structures” which are designed primarily for human occupancy and are potential locations for shelter from storms. Typically included within this category are residences, hotels, and restaurants.

(59) “Thirty-year Erosion Projection” or “30-year Erosion Projection” is the projection of long-term shoreline recession occurring over a period of 30 years based on shoreline change information obtained from historical measurements.

(60) “Toe scour protection” is a supplemental structure or structural component of armoring designed to prevent waves from scouring and undermining the base of the armoring.

(61) “Understructure” is any wall, partition, or other solid fabrication not comprising a part of the structural support system and located below the first floor support structure.

(62) “Vulnerable” is when an eligible structure is subject to either direct wave attack or to erosion from a 25-year return interval storm which exposes any portion of the foundation, or otherwise renders the infrastructure non-functional. Vulnerability will be determined by using the methodologies referenced in subparagraph 62B-33.0051(1)(a)2., F.A.C., or the “SBEACH-32 Users Interface Manual “dated January 10, 1996 http://www.flrules.org/Gateway/reference.asp?No=Ref-12082, “SBEACH Report 1”dated July 1, 1989, http://www.flrules.org/Gateway/reference.asp?No=Ref-12083, “SBEACH Report 2” dated May 1 1990, http://www.flrules.org/Gateway/reference.asp?No=Ref-12084, “SBEACH Report 3” dated May 1,1993, http://www.flrules.org/Gateway/reference.asp?No=Ref-12085, “SBEACH Report 4” dated April 1, 1996, http://www.flrules.org/Gateway/reference.asp?No=Ref-12086, and “SBEACH Report 5” dated August 1,1998, http://www.flrules.org/Gateway/reference.asp?No=Ref-12087 by the U.S. Army Corps of Engineers, which is hereby adopted and incorporated by reference, and which may be obtained at the following web address: www.dep.state.fl.us/beaches. Storm surge hydrographs shall include the effects of relative sea level rise in modeling efforts.

History

• Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(1), (2), (3), (4), (5), (6), (7), 161.053(2), (4), (5), (6), (8), (9), (11), (12), (14), (17), (19), (21), 161.0535, 161.054(1), (2), (5), 161.085(1), (2), (3), (4), (6), (7), (8), (9) FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.02, Amended 5-12-92, Formerly 16B-33.002, Amended 9-12-96, 1-26-98, 8-27-00, 7-1-01, 12-31-01, 6-13-04, 5-31-07, 7-17-08, 11-28-18, 7-29-20, 7-7-26.

Fla. Admin. Code R. 62B-33.003 General Prohibitions

History

• Rulemaking Authority 370.021(1) FS. Law Implemented 161.052, 161.053(2) FS. History–New 11-18-80, Formerly 16B-33.03, 16B-33.003, Repealed 8-27-00.

Fla. Admin. Code R. 62B-33.004 Exemptions from Permit Requirements

(1) Any structures under construction prior to the establishment of a coastal construction control line (CCCL) in a particular county are exempt from the provisions of Section 161.053, F.S., and this rule chapter, except as noted in Sections 161.053(8) and (11), F.S.

(a) “Under construction” is the ongoing physical activity at the time of consideration of the exemption referenced in Section 161.053(9), F.S., of placing the foundation of, or continuation of construction above the foundation of, any structure seaward of the established CCCL or the setback line.

(b) A pile-supported structure shall be deemed “under construction” when placement of the permanent pile members for the foundation has begun. Driving of test piles and temporary placement of piles in preparation for driving shall not qualify a structure as “under construction.” For concrete footer, base, slab, or grade beam supported structures, a structure will be deemed “under construction” when the placement of concrete for the foundation has begun. For roads, parking lots, driveways, walkways, or similar paved structures, the structure will be considered “under construction” when placement of the base course, if used, or surface has been started.

(c) Whenever it is unclear under either paragraph 62B-33.004(1)(a) or (b), F.A.C., that a structure is “under construction,” the applicant shall provide to the Department the following documents demonstrating that the structure is under construction:

1. A copy of all required local government permits authorizing the structure;

2. A full set of construction plans for the structure approved by the local government in conjunction with the building permit; and,

3. Other documentation, including local building inspectors’ construction reports, construction contracts, or other information, substantiating that a bona fide construction process, which appears will be continuous in nature, has started.

(d) Exemptions granted under this rule subsection shall only apply to those individual structures or parts of such structures which are determined to be under construction and are also described in both the local permit and the building plans. Only those structures which are under construction as defined in this rule section may be exempted. Other proposed structures shown onsite plans, building permits, planned unit developments, or similar documents are not exempt. Any subsequent construction activity in addition to that so described and exempted shall require a permit, unless exempted under other provisions of this rule.

(e) Property owners may request a determination of exemption status within the period starting with the date of the first Public Hearing on reestablishing the CCCL held within the respective county and ending with the date of the establishment of the CCCL. The effective date of an exemption granted under this rule section shall be the date the CCCL is established.

(2) In addition to the exemptions provided in Section 161.053(11), F.S., the following are exempt from the provisions of Section 161.053, F.S., and this Chapter:

(a) Construction of offshore structures, such as drilling platforms, gas and oil rigs, towers, or navigation aides, located beyond the effective limits of littoral sediment transport.

(b) Construction, excavation, and damage or destruction of vegetation conducted by the United States Government on lands owned and maintained by the United States Government.

(c) Minor activities that are not part of a larger project or development, and do not cause a disturbance to any significant or primary dune, do not disturb marked or known marine turtle nests or interfere with nesting and hatchling sea turtles, damage existing native salt-tolerant vegetation, obstruct public access, or damage adjacent properties. Exempt minor activities include:

1. Beach or deck furniture and awnings that can be removed from the beach at night or stacked in a manner to reduce interference with sea turtle nesting.

2. Tie-downs, or anchors to existing minor structures or trees.

3. Portable public lifeguard stands.

4. Mono-post structures including umbrellas, antennas, or light posts provided there is minimal disturbance to the beach and dune system, no damage to vegetation, and the grade is restored.

5. Minor recreational diggings and other forms of art on the unvegetated beach provided there is no removal or filling of sand at the site.

6. The removal of windblown sand from paved roads and parking areas, beach access ramps, pools, patios, walkways, or decks not involving a change in the general grade and provided that any beach quality sand is returned to the beach and dune system seaward of the CCCL.

7. The minor maintenance of bulkheads and seawalls specifically involving scraping, chipping, sandblasting, guniting, and painting.

8. Minor structures, including but not limited to driveways, water wells, and irrigation wells which are either located within the landward shadow of existing habitable major structures, landward of the second line of development of major structures, or landward of public evacuation routes.

9. Maintenance or repair of the structures listed below. The structure(s) must be located a minimum of 30 feet landward of the frontal dune, escarpment, or coastal armoring structure, and the maintenance or repair must not expand or enlarge the existing structure(s).

a. Streets and roads, parking areas, and other paved areas not draining, discharging onto the beach, or changing grade.

b. Swimming pools, provided the activity does not involve excavation.

c. Swimming pool decks and spa decks.

d. Fences.

e. Replacement of deck planks, handrails, benches and stair treads, on walkovers, walkways, stairs or steps, and fishing or ocean piers.

f. Replacement of culverts, curbs, and other minor structures and performance of minor grading within road rights-of-way provided that any beach-dune vegetation removed is replaced and drainage patterns are not altered in a seaward direction.

g. Subgrade utilities located landward of an existing dwelling or other major structures within the right-of-way of paved roads, including minor and temporary excavation for the purpose of repairs to the utilities.

h. Replacement or repair of foundation piles for fishing or ocean piers.

10. Landscaping located a minimum of 30 feet landward of the frontal dune, escarpment, or coastal armoring structure which does not involve excavation of existing grade or destruction or removal of native salt-resistant vegetation.

11. Repairs to pile supported foundations which include replacing bolts, hurricane straps, secondary members, and shore-normal cross bracing.

12. Placement of temporary water pipes or hoses utilized for flood relief, provided that any such pipes or hoses are placed on the ground surface and do not damage dune topography or native vegetation, and provided that no discharge occurs landward of the shoreline.

13. Temporary excavation for the inspection of coastal armoring structures on the seaward side, provided that it is limited to non-vegetated areas, occurs outside of marine turtle nesting season, is limited to the minimum area and volume required for the inspection, and the site is restored after the inspection. Temporary excavation for the inspection of coastal armoring structures entirely landward of the bulkhead of the seawall is limited to the minimum area and volume required for the inspection, and the site is restored after the inspection.

(3) The Department shall issue a letter of exemption pursuant to the provisions of Section 161.053(11)(b), F.S., provided that the applicant fulfills the information requirements of subsection 62B-33.008(9), F.A.C., and provided that the Department determines that the proposed project will not cause a measurable interference with the natural functioning of the coastal system. Prior to commencement of work under the exemption, the applicant shall comply with the public notice requirements for the agency action of Chapter 120, F.S.

(4) If the Department determines the proposed minor construction is exempt from the provisions of Section 161.053(11)(c)9., F.S., the Department shall issue a notice of exemption. The exemption notice shall be posted on the project site for the duration of the activity. If the proposed activity is determined not to be exempt, a permit pursuant to Section 161.053, F.S., and this chapter is required.

(5) Major structures and additions to major structures proposed above existing patio slabs, decks, or similar unenclosed areas are considered as new structures separate and independent of the existing slab, deck, or other unenclosed area and shall comply with regulatory requirements set forth in this rule chapter.

History

• Rulemaking Authority 161.052(11), 161.053(20) FS. Law Implemented 161.052(3), (4), (6), 161.053(1), (2), (4), (9), (11) FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.04, Amended 5-12-92, 11-11-92, Formerly 16B-33.004, Amended 1-26-98, 8-27-00, 5-31-07, 11-28-18, 7-7-26.

Fla. Admin. Code R. 62B-33.005 General Criteria for Areawide and Individual Permits

(1) The beach and dune system is an integral part of the coastal system and represents one of the most valuable natural resources in Florida, providing protection to adjacent upland properties, recreational areas, and habitat for wildlife. The CCCL is intended to define that portion of the beach and dune system which is subject to severe fluctuations caused by a 100-year storm surge, storm waves, or other forces such as wind, wave, or water level changes. These fluctuations are a necessary part of the natural functioning of the coastal system and are essential to post-storm recovery, long term stability, and the preservation of the beach and dune system. The CCCL and 50-foot setback call attention to the special hazards and impacts associated with the use of such property, but do not preclude all development or alteration of coastal property seaward of such lines.

(2) In order to demonstrate that construction is eligible for a permit, the applicant shall provide the Department with sufficient information pertaining to the proposed project to show that adverse and other impacts associated with the construction have been minimized and that the construction will not result in a significant adverse impact.

(3) After reviewing all information required pursuant to this rule chapter, the Department shall:

(a) Deny any application for an activity which either individually or cumulatively would result in a significant adverse impact including potential cumulative effects. In assessing the cumulative effects of a proposed activity, the Department shall consider the short-term and long-term impacts and the direct and indirect impacts the activity would cause in combination with existing structures in the area and any other similar activities already permitted or for which a permit application is pending within the same fixed coastal cell. The impact assessment shall include the anticipated effects of the construction on the coastal system and marine turtles. Each application shall be evaluated on its own merits in making a permit decision; therefore, a decision by the Department to grant a permit shall not constitute a commitment to permit additional similar construction within the same fixed coastal cell.

(b) Deny any application for an activity where the project has not met the Department’s siting and design criteria; has not minimized adverse and other impacts, including stormwater runoff; or has not provided mitigation of adverse impacts.

(4) The Department shall issue a permit for construction which an applicant has shown to be clearly justified by demonstrating that all standards, guidelines, and other requirements set forth in the applicable provisions of Part I, Chapter 161, F.S., and this rule chapter are met, including the following:

(a) The construction will not result in removal or destruction of native vegetation which will either destabilize a frontal, primary, or significant dune or cause a significant adverse impact to the beach and dune system due to increased erosion by wind or water;

(b) The construction will not result in removal or disturbance of in situ sandy soils of the beach and dune system to such a degree that a significant adverse impact to the beach and dune system would result from either reducing the existing ability of the system to resist erosion during a storm or lowering existing levels of storm protection to upland properties and structures;

(c) The construction will not direct discharges of water or other fluids in a seaward direction and in a manner that would result in significant adverse impacts. For the purposes of this rule section, construction shall be designed so as to minimize erosion induced surface water runoff within the beach and dune system and to prevent additional seaward or off-site discharges associated with a coastal storm event.

(d) The construction will not result in the net excavation of the in situ sandy soils seaward of the control line or 50-foot setback;

(e) The construction will not cause an increase in structure-induced scour of such magnitude during a storm that the structure-induced scour would result in a significant adverse impact;

(f) The construction will minimize the potential for wind and waterborne missiles during a storm;

(g) The activity will not interfere with public access, as defined in Section 161.021, F.S.; and,

(h) The construction will not cause a significant adverse impact to marine turtles, or the coastal system.

(5) In order for a manmade frontal dune to be considered as a frontal dune defined under Section 161.053(5)(a)1., F.S., the manmade frontal dune shall be constructed to meet or exceed the protective value afforded by the natural frontal dune system in the immediate area of the subject shoreline. Prior to the issuance of a permit for a single-family dwelling meeting the criteria of Section 161.053(5)(c), F.S., the manmade frontal dune must be maintained for a minimum of 12 months and be demonstrated to be as stable and sustainable as the natural frontal dune system.

(6) Sandy material excavated seaward of the control line or 50-foot setback shall be maintained on site seaward of the control line or 50-foot setback and be placed in the immediate area of construction unless otherwise specifically authorized by the Department.

(7) Only beach compatible fill shall be placed on the beach or in any associated dune system. All fill material placed seaward of the CCCL shall be sand which is similar to that already existing in the same fixed coastal cell in coloration, grain size, and composition. Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system. Such material shall be predominately of carbonate, quartz or similar material with a particle size distribution ranging between 0.062mm (4.0) and 4.76mm (-2.25) (classified as sand by either the Unified Soils or the Wentworth classification), shall be similar in color and grain size distribution (sand grain frequency, mean and median grain size and sorting coefficient) to the material in the existing coastal system at the placement area and shall not contain:

(a) Greater than 5 percent, by weight, silt, clay or colloids passing the #230 sieve (4.0);

(b) Greater than 5 percent, by weight, fine gravel retained on the #4 sieve (-2.25);

(c) Coarse gravel, cobbles or material retained on the 3/4 inch sieve in a percentage or size greater than found at the placement area;

(d) Construction debris, clay balls or foreign matter; or,

(e) Material that results in cementation of the beach.

The Department reserves the right to approve deviations from the above criteria, if those deviations would not increase the potential for adverse impacts to the coastal system. When requesting such deviations, the applicant shall provide fully documented evidence that would justify the deviations.

(8) Swimming pools, wading pools, waterfalls, spas, or similar type water structures are expendable structures and shall be sited so that their failure does not have adverse impact on the beach and dune system, any adjoining major structures, or any coastal protection structure. Pools sited within close proximity to a significant dune shall be elevated either partially or totally above the original grade to minimize excavation and shall not cause a net loss of material from the immediate area of the pool. All pools shall be designed to minimize any permanent excavation seaward of the CCCL.

(9) All structures, except those required for public safety, beach access, and those associated with dune restoration and special events, shall be located landward of the beach and frontal dune. This distance landward shall be sufficient to allow natural shoreline fluctuations, to preserve and protect beach and dune system stability, and to allow natural recovery of the existing beach and seaward dune system to occur following storm-induced erosion. If such structure is proposed at a location where there is no frontal dune, but the project includes dune restoration to reestablish a frontal dune that is consistent with the frontal dune on adjacent properties, then the structure shall be located a sufficient distance landward of the beach and restored or reestablished frontal dune to permit natural shoreline fluctuations, to preserve and protect beach and dune system stability, and to allow natural recovery to occur following storm-induced erosion. Where a rigid coastal structure exists it must be certified by an engineer licensed in the State of Florida or determined by the Department to provide protective value from a 15-year or greater return interval storm event, and the proposed major structures shall be located a sufficient distance landward of the rigid coastal structure to allow for future maintenance or repair of the rigid coastal structure. Although fishing piers shall be exempt from this provision, their foundation piles shall be located so as to allow for the maintenance and repair of any rigid coastal structure that is located in close proximity to the pier.

(10) If in the immediate area a number of existing major structures have established a reasonably continuous and uniform construction line and if the existing structures have not been unduly affected by erosion, except where not allowed by the requirements of Section 161.053(5), F.S., and this rule chapter, the Department shall issue a permit for the construction of a similar structure up to that line.

(11) In considering applications for single-family dwellings proposed to be located seaward of the 30-year erosion projection pursuant to Section 161.053(5), F.S., the Department shall require structures to meet criteria in Section 161.053(5)(c), F.S., and all other siting and design criteria established in this rule chapter.

(12) In considering project impacts to native vegetation, the Department shall evaluate:

(a) The type and extent of native vegetation;

(b) The degree and extent of disturbance by invasive nuisance species and mechanical and other activities;

(c) The protective value to adjacent structures and natural plant communities;

(d) The protective value to the beach and dune system; and

(e) The impacts to marine turtle nesting and hatchlings including dune vegetation trimming that increases light visibility from the nesting habitat.

The Department shall restrict activities that lower the protective value of natural and intact beach and dune, coastal strand, and maritime hammock plant communities. Activities that result in the removal of protective root systems or reduce the vegetation’s sand trapping and stabilizing properties of vegetation are considered to lower its protective value. Construction shall be located, where practicable, in previously disturbed areas or areas with non-native vegetation in lieu of areas of native plant communities when the placement does not increase adverse impact to the beach and dune system. Planting of invasive nuisance plants will not be authorized if the planting will result in removal or destruction of existing dune-stabilizing native vegetation or if the planting is to occur on or seaward of the dune system. Special conditions relative to the nature, timing, and sequence of construction and the remediation of construction impacts shall be placed on permitted activities when necessary to protect native vegetation and native plant communities. A construction fence, a designated location for construction access or storage of equipment and materials, and a restoration plan shall be required if necessary for protection of existing native salt-tolerant vegetation during construction.

(13) Special conditions relative to the nature, timing, and sequence of construction shall be placed on permitted activities when necessary to protect marine turtles and their nests and nesting habitat. In marine turtle nesting areas, all forms of lighting shall be shielded, and utilize long wavelength light sources only (e.g. 560 nanometers (nm) or longer and absent wavelengths below 560 nm) with all lamps recessed within well shielded, full cut-off fixtures or otherwise designed so as not to disturb marine turtles. Tinted glass or similar light control measures shall be used for windows and doors which are visible from the nesting areas of the beach. Tinted glass shall be 45 percent or less Visible Light Transmittance (VLT) on all non-opaque doors, walls, and windows. Glass balcony and deck railings shall be tinted to 45 percent or less VLT when required to reduce visible lighting from the marine turtle nesting habitat, unless it is determined that not having tinted glass on balcony or deck railings will not adversely impact marine turtles or turtle nesting. Criteria that will be considered in making such a determination may include any of the following: absence of proposed exterior lights; whether the structure is located within the first line of construction landward of the primary dune or a coastal or shore protection structure; whether existing permanent structures block the direct line-of-sight of the proposed structure to the nesting habitat; or the height and configuration of the proposed structure. The Department shall suspend any permitted construction when the permittee has not provided the required protection for marine turtles and their nests and nesting habitat.

(14) Rebuilt pipelines and ocean outfalls crossing the beach and littoral zone, or the extension of existing pipelines or ocean outfalls, shall be designed to withstand at a minimum the erosion, scour, and loads accompanying a 20-year or greater storm event. Rebuilt pipelines and ocean outfalls shall be constructed below grade across the beach and littoral zone.

(15) Fishing or ocean piers or the extension of existing fishing or ocean piers shall be designed to withstand at a minimum the erosion, scour, and loads accompanying a 20-year storm event. Pile foundations shall not obstruct the longshore sediment transport and shall be designed to minimize any impact to the shoreline or coastal processes.

History

• Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(2), 161.053(2), (4), (5), (6), (12), (17), (18), 161.085(1), (2) FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.05, 16B-33.005, Amended 9-12-96, 1-26-98, 8-27-00, 6-13-04, 5-31-07, 11-28-18, 7-7-26.

Fla. Admin. Code R. 62B-33.0051 Coastal Armoring and Related Structures

(1) General Armoring Criteria. In determining the appropriate means to protect existing private structures and public infrastructure from damage from frequent coastal storms, applicants should be aware that armoring may not be the only option for providing protection. Applicants are encouraged to evaluate other protection methods such as foundation modification, structure relocation, and dune restoration. If armoring (other than through the use of geotextile containers as the core of a reconstructed dune, which are governed exclusively by Chapter 62B-56, F.A.C.), is the selected option, the following siting, design, and construction criteria shall apply in order to minimize potential adverse impacts to the beach and dune system:

(a) Construction of armoring shall be authorized under the following conditions:

1. The proposed armoring is for the protection of an eligible structure; and,

2. The structure to be protected is vulnerable. The determination of vulnerability will be made utilizing a dune erosion model that provides reasonable assurance that the structure to be protected is vulnerable. Examples of dune erosion models include the model contained in the report entitled “Erosion due to High Frequency Storm Events,” by the University of Florida, dated November 22, 1995, SBeach developed by the U.S. Army Corps of Engineers, or other models demonstrating reasonable assurance including calibration and verification for application in the project vicinity. Where direct application of the model shows that the structure to be protected is not vulnerable, but the construction otherwise meets the requirements of this rule chapter, an applicant may further demonstrate vulnerability by taking into account the effects of shoreline change rates, natural physical features, and existing manmade structures in accordance with the following circumstances:

a. If it is projected that the eligible structure will become vulnerable at some future date which falls within the authorized time limit of a permit, then the permit shall authorize the construction of armoring once the anticipated site condition changes occur and the structure becomes vulnerable. The permit shall allow additional time to allow for construction operations and appropriate timing to avoid construction during the marine turtle nesting season.

b. Where there are multiple eligible structures in close proximity to one another, but not all of the structures are vulnerable and shoreline trends indicate continued erosion stress on the shoreline, and the Department determines through the use of numerical modeling and engineering analysis that the construction of armoring for only the vulnerable structures would cause the adjacent structures to become vulnerable following installation of the armoring, then all the eligible structures are considered vulnerable.

c. Where an eligible structure is located on a dune or escarpment and the dune erosion model predicts that the erosion from a 25-year return interval storm would fall landward of the existing dune crest or escarpment and seaward of the eligible structure and where the applicant has provided the Department appropriate geotechnical analysis by a qualified professional engineer specialized in geotechnical or foundation engineering which demonstrates that the structure would be in danger of imminent collapse following the occurrence of erosion from a 25-year return interval storm. Imminent collapse means the structure’s foundation will fail due to its own weight under normal conditions, resulting in structural damage to the supported structure.

d. Where an applicant demonstrates to the Department that another site specific circumstance exists other than listed in sub-subparagraphs 62B-33.0051(1)(a)2.a. through c., F.A.C., such that the eligible structure is vulnerable; or

3. A gap exists, that does not exceed 250 feet, between a line of rigid coastal armoring that is continuous on both sides of the unarmored property. For the purposes of this subparagraph, continuous means a minimum of two consecutive armored properties, or twice the length of the proposed armoring. Such adjacent armoring shall not be deteriorated, dilapidated, or damaged to such a degree that it no longer provides adequate protection to the upland property, and of equivalent type of armoring as the proposed armoring. The top of the adjacent armoring must be at or above the still water level, including setup, for the design storm of a 15-year return interval storm plus the breaking wave calculated at its highest achievable level based on the maximum eroded beach profile and highest surge level combination. The adjacent armoring must be stable under the design storm of 15-year return interval storm, including maximum localized scour with adequate penetration. Such installation shall:

a. Be sited no farther seaward than the adjacent armoring;

b. Close the gap between the adjacent armoring;

c. Avoid significant adverse impacts to marine turtles;

d. Not exceed the highest elevation of the adjoining walls; and,

e. Comply with the requirements of Section 161.053, F.S.

4. The armoring shall not result in a loss of public access along the beach without providing alternative public access;

5. The construction will not result in a significant adverse impact.

(b) Where all permit criteria of this rule have been met, but a beach nourishment, beach restoration, sand transfer, or other project which would provide protection for the vulnerable structure is scheduled for construction within nine months and all permits and funding for the project are available, then no permit for armoring shall be issued.

(c) Minor and major reconstruction, armoring replacement and armoring upgrades are exempt from the conditions of paragraph 62B-33.0051(1)(a), F.A.C., provided that the proposed construction would not result in a significant adverse impact.

(2) Siting and Design. Armoring shall be sited and designed to minimize adverse impacts to the beach and dune system, marine turtles, native salt-tolerant vegetation, and existing upland and adjacent structures and to minimize interference with public beach access, in accordance with the following criteria:

(a) Siting. Armoring shall be sited as far landward as practicable to minimize adverse impacts. In determining the most landward practicable location, the following criteria apply:

1. Excavation shall be the minimum required to properly install the armoring and shall not result in the destabilization of the beach and dune system seaward of the armoring or have an adverse impact on upland structures.

2. If armoring must be located close to the dune escarpment in order to meet the criteria listed above and such siting would result in destabilization of the dune causing damage to the upland structure, the armoring shall be sited seaward of, and as close as practicable to, the dune escarpment.

3. Armoring, except that which adjoins adjacent existing armoring, shall be sited a sufficient distance inside the property boundaries to prevent destabilizing the beach and dune system on adjacent properties or increasing erosion of such properties during a storm event. Return walls, except those parts of proposed armoring that adjoins adjacent existing armoring, shall be sited as close to the building as practicable while ensuring the building is not damaged and space is allowed for maintenance.

4. Existing armoring in need of major reconstruction, whose alignment either interferes with movement of sediment material along the beach or causes significant adverse impacts, shall be relocated consistent with the siting requirements of subsection 62B-33.0051(2), F.A.C.

5. When construction of armoring interferes with public access along the beach, the permittee shall provide alternative access.

(b) Design. Armoring shall be designed to provide protection to vulnerable structures while minimizing adverse impacts and shall be designed consistent with generally accepted engineering practice. The following criteria apply:

1. Coastal armoring structures shall be designed for the anticipated wave runup, overtopping, erosion, scour, and anticipated loads of the design storm event. Design considerations shall consider anticipated relative sea level rise for the next 30 years. Armoring shall have a minimum design life of 30 years and designed to withstand a minimum 15 year return interval storm. Design procedures are available in the latest edition of the Department of the Army Corps of Engineers’ Coastal Engineering Manual (EM 1110-2-1100), or other similar professionally recognized publications.

2. To minimize adverse impacts to the beach and dune system, adjacent properties, and marine turtles, the shore-normal extent of armoring which protrudes seaward of the dune escarpment, vegetation line, or onto the active beach shall be limited to minimize encroachment on the beach. In areas with viable marine turtle habitat, the highest part of any toe scour protection shall be located to minimize encroachment into marine turtle nesting habitat.

3. All armoring shall be designed to remain stable under the hydrodynamic and hydrostatic conditions for which they are proposed. Armoring shall provide a level of protection generally compatible with existing topographyor adjacent armoring.

4. Armoring shall be designed to minimize interference with public access along the beach.

5. Armor stone, including that used for toe scour protection, shall have a minimum dry unit weight of 135 pounds per cubic foot. In locations where there is potential for adverse impacts on marine turtles and their habitat, armor stone, except that used for toe scour protection, shall have a minimum dry unit weight of 150 pounds per cubic foot to reduce the armoring footprint. Armor stone shall be durable, hard, and free from laminations and weak cleavages, and sound enough to avoid fracturing under the design storm forces.

6. Armoring which utilizes any construction material other than stone in the construction shall be designed to meet both the requirements outlined in subparagraph 62B-33.0051(2)(b)5., F.A.C., and the unit weight, strength, and durability requirements generally accepted by the engineering community for use in the marine environment.

7. Armoring, which utilizes sand-filled geotextile containers as the core of a reconstructed dune for dune stabilization or restoration activities is not authorized under this rule. These structures are governed under Chapter 62B-56, F.A.C.

(c) The applicant shall provide the Department with certification by a professional engineer licensed in the State of Florida that the design plans and specifications submitted as part of the permit application are in compliance with this rule chapter.

(3) Marine Turtle Protection. Construction of armoring shall not be conducted during the marine turtle nesting season if the Department determines that the proposed construction will result in a significant adverse impact, except as allowed under subsection 62B-33.0051(5), F.A.C., or unless under the provisions of Rule 62B-33.014, F.A.C., emergency permitting procedures are enacted. No additional armoring shall be permitted on public lands in the Archie Carr National Wildlife Refuge. For the purposes of this provision, public lands means lands owned by local, state, or federal governments, or any lands acquired for the specific purpose of allowing them to be managed as part of the refuge. This ban does not apply where armoring is necessary, and there is no reasonable alternative, to protect public infrastructure as that term is defined in Section 161.085, F.S.

(4) In addition to the requirements provided in this rule section, armoring shall meet all other applicable provisions of this rule chapter.

(5) Emergency Protection. Upon the occurrence of a coastal storm which causes erosion of the beach and dune system such that existing structures have either become damaged or vulnerable to damage from a subsequent frequent coastal storm, pursuant to Section 161.085, F.S., the governmental entity may take emergency protection measures to protect public infrastructure and private structures within its jurisdiction. Alternatively, upon declaring a shoreline emergency and providing notification to affected property owners and to the Department, the governmental entity may issue permits authorizing private property owners within their jurisdiction to protect their private structures. Local governments shall not authorize the use of geotextile containers. Emergency protection measures shall be subject to the following:

(a) If the Department has declared a shoreline emergency pursuant to this rule chapter and affected governmental entities do not provide for emergency protection permits, pursuant to Section 161.085, F.S., and this rule section, then private property owners must obtain such permits from the Department prior to construction.

(b) Emergency protection timelines shall be as follows:

1. If a governmental entity declares a localized emergency event and the Department does not issue an emergency final order, emergency protection measures shall be taken within 30 days after the initial erosion event. Delay in providing protection measures in excess of 30 days from the declaration of emergency shall result in a finding of no emergency, and emergency protection pursuant to this rule section shall no longer be authorized. Governmental entities may extend this period up to 30 additional days upon their revalidation of the emergency conditions.

2. If the state of Florida declares a shoreline emergency, emergency protection measure timelines for activities considered under section 161.085, F.S., shall be concurrent with the Department’s emergency final order timelines.

(c) Measures used for temporary protection shall be the minimum required as determined by the governmental entity pursuant to Section 161.085, F.S., to protect the structure from imminent collapse. Armoring or other measures shall be sited and designed to minimize excavation of the beach and frontal dune; impacts to existing native coastal vegetation, marine turtles, and adjacent properties; and encroachment onto the beach. Temporary protection shall be sited and designed to facilitate removal.

(d) Other measures used for temporary protection include the following:

1. Temporary reinforcement of foundations, placement of sandbags, and construction of protective sand berms. Sand used to fill sandbags or construct protective berms shall be beach compatible material and be obtained from an upland source. Excavation of the beach face or near shore area shall require a permit from the Department, pursuant to this rule chapter. Any excavation that occurs below the mean high water line on sovereignty lands is subject to the provision of Section 161.041 and Chapter 253, F.S. Sandfilled geotextile containers used as the core of a reconstructed dune for dune stabilization or restoration activities are not authorized under this rule. These structures are governed under Chapter 62B-56, F.A.C.

2. Construction of temporary wooden retaining walls, cantilever sheetpile walls (without concrete caps, tiebacks, or other reinforcement), or similar structures.

(e) Construction debris resulting from the coastal storm shall not be buried.

(f) Construction debris shall not be used for emergency protection. Any materials used for emergency protection shall either comply with the materials criteria in paragraph 62B-33.0051(2)(b), F.A.C., or shall be clean and easily removed or designed to assimilate into the natural environment without damage to the beach and dune system or marine turtles nesting habitat.

(g) Temporary structures shall be removed within 60 days of installation unless a complete application for a permit seeking authorization to retain the temporary structure or to provide alternative protection has been provided to the Department pursuant to Sections 161.053 and 161.085, F.S. In order for a temporary structure to remain in place, it must be permitted and meet all eligibility, siting, and design criteria for permanent armoring provided in this rule chapter.

(h) No activities shall result in a significant adverse impact.

(i) Under Section 161.085, F.S., if installation of a temporary emergency protection structure has caused, is causing, or has the reasonable potential to cause a significant adverse impact, the governmental entity that authorized the structure shall conduct or require appropriate action to eliminate any significant adverse impact.

(j) The Department shall require mitigation of any adverse impacts caused by emergency protection structures. In addition, the Department shall require removal of a temporary emergency protection structure if a significant adverse impact, as defined in Rule 62B-33.002, F.A.C., occurs.

(k) If installation of emergency protection structures occurs during the marine turtle nesting season, the following measures for the protection of marine turtles shall be implemented prior to siting and during installation of the emergency protection structure:

1. The Department shall be contacted for information on appropriate siting of the emergency structure to minimize impacts to marine turtles and provided with the location of any known marine turtle nests within the area of the proposed project.

2. Temporary emergency protection structures shall be sited and constructed in a manner that protects marine turtles.

3. Construction and storage of equipment or materials shall be conducted from or located at upland locations landward of the nesting habitat.

4. In order to be prepared for coastal emergencies, local governmental entities who anticipate installing or authorizing emergency coastal protection structures should obtain a federal Endangered Species Act, Section 10, Incidental Take authorization from the United States Fish and Wildlife Service through the development of a marine turtle habitat conservation plan.

(l) Governmental entities shall notify the Department’s Office of Resilience and Coastal Protection, within three (3) working days of installing or authorizing the installation of any armoring pursuant to this rule section (overnight delivery to Florida Department of Environmental Protection, Office of Resilience and Coastal Protection, 2600 Blair Stone Road, MS #3522, Tallahassee, Florida 32399, or facsimile copy to (850)245-2094)) or to the following address: CCCL@dep.state.fl.us. Notification shall include:

1. A description of the structure, including a sketch and location;

2. The name and address of the property owner; and,

3. The date of installation.

(m) Other authorizations under Chapters 253, 258, 373 and 379, F.S., are necessary to conduct activities below mean high water.

(6) The provisions of this rule section shall apply until the following measures to reduce the threat of erosion damage to upland property and structures within the specific fixed coastal cells of a coastal region have been taken:

(a) The shoreline has been restored such that private structures and public infrastructure are no longer vulnerable to frequent coastal storms; and,

(b) The shoreline restoration project provides authority for future nourishment to maintain the level of protection; or

(c) Where applicable, an inlet management plan has been adopted by the Department and implemented by the governmental entity having jurisdiction over the inlet.

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.053(2), (4), 161.085(1), (2), (3), (4), (6), (8) FS. History–New 9-12-96, Amended 1-26-98, 8-27-00, 7-1-01, 6-13-04, 7-3-05, 5-31-07, 7-17-08, 7-7-26.

Fla. Admin. Code R. 62B-33.006 Coastal Construction Control Line and 50-foot Setback

History

• Rulemaking Authority 370.02(5), 370.021(1) FS. Law Implemented 161.052(2), 161.053 FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.06, 16B-33.006, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.007 Structural and Other Requirements Necessary for Permit Approval

History

• Rulemaking Authority 161.052(11), 161.053(20) FS. Law Implemented 161.052(2), 161.053(2), (4) FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.07, Amended 5-12-92, Formerly 16B-33.007, Amended 9-12-96, 1-26-98, 8-27-00, 12-31-01, 6-13-04, 5-31-07, Repealed 2-16-12.

Fla. Admin. Code R. 62B-33.008 Application Requirements and Procedures for Areawide and Individual Permits

(1) Any person desiring to obtain a permit for construction seaward of the CCCL or 50-foot setback from the Department, except those persons applying pursuant to the emergency procedures in Rule 62B-33.014, F.A.C., shall submit a completed application form to the Department at the address below. The permit application form, which is entitled “Application for a Permit for Construction Seaward of the CCCL or 50 Foot Setback” – DEP Form #73-100, (7/2026), is hereby adopted and incorporated by reference, located at: http://flrules.org/Gateway/reference.asp?No=Ref-19551. Copies of the form can be obtained by contacting the Department of Environmental Protection, 2600 Blair Stone Road, MS #3522, Tallahassee, Florida 32399-2400; at https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms or by telephoning (850)245-2094. The application shall contain the following specific information:

(a) Name, mailing address, and telephone number of the property owner and of any duly authorized agent making the application on behalf of the owner, and the signature of the applicant.

(b) Sufficient evidence of ownership including the legal description of the property for which the permit is requested. Examples of evidence of ownership may include a copy of an executed warranty deed bearing evidence of appropriate recordation; a copy of a long term lease-purchase agreement, or contract for deed; a copy of a property tax receipt bearing the name and address of the current owner; articles of condominium bearing evidence of appropriate recordation (for condominiums); or the cooperative documents defined in Section 719.103(13)(a), F.S. (for residential cooperatives). Other documents submitted as evidence of ownership will be reviewed by the staff and shall be rejected if found not to be sufficient. A copy of a quit claim deed, a purchase contract, an affidavit from the owner, or a tax record obtained from an Internet website (unless obtained from an authenticated official county record) is not sufficient evidence of ownership. If the applicant is not the property owner, the applicant shall submit certification on the form provided by the Department as part of the permit application form, which is referenced in subsection 62B-33.008(3), F.A.C., authorizing the applicant to act as the owner’s agent for the purpose of applying for a permit and to act on behalf of the owner in other matters pertaining to the permit.

(c) Written evidence, provided by the appropriate local governmental entity having jurisdiction over the activity, that the proposed activity, as submitted to the Department, does not contravene local setback requirements or zoning codes.

(d) A statement describing the proposed work, activity, or construction.

(e) A signed and sealed survey of the subject property. The information depicted on the drawing shall be from a field survey conducted not more than six months prior to the date of the application. The survey shall comply with the requirements given in Rule 62B-33.0081, F.A.C.

(f) For structures with proposed permanent exterior lighting, a dimensioned marine turtle lighting plan that includes all exterior lighting drawn to an appropriate scale showing:

1. The location of all proposed permanent exterior lighting fixtures clearly marked by distinctive symbols for each model used, and

2. A table with the column headings shown below providing the specified information for each fixture model and light source used, and

Fixture Label

Fixture Quantity

Fixture

Mounting

Type

Fixture

Mounting

Height

Manufacturer and Catalog No.

Lamp type, color and

Structure Level1

Location of Fixture2

Drawing Sheet Number

Labeled Cut Sheet Provided (Y/N)

1Ground Level (Level 1) 2Landward side of structure

Second Level, Third Level, etc. Beachside of structure

3. A detailed description or manufacturer’s catalog sheet (cut sheet) for each fixture model used.

4. The specific tinting value on all non-opaque doors, walls, balcony railings, deck railings, windows, and

5. Photometric information for structures 7,000 square feet or larger with exterior lighting on parking lots, pools, and deck areas.

(g) For major habitable multifamily dwelling structures, detailed foundation plans and specifications. These documents shall be signed and sealed by a a registered professional.

(h) A dimensioned site plan. The drawings shall be signed and sealed by a registered professional. The site plan shall include:

1. The locations and exterior dimensions of all proposed structures, including foundations and other activities, and the bearings and distances measured perpendicularly from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of any coastal or shore-protection structure.

2. Dimensions and locations of the foundation outlines of any existing structures on adjacent properties and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any existing structures or the seaward limit of any coastal or shore-protection structure. These measurements shall include all structures that the applicant contends have established a reasonably continuous and uniform construction line for permits requested under the provisions of Section 161.052(2)(b) or 161.053(4)(b), F.S.

3. Dimensions and locations of the foundation outlines of any existing structures on the subject property and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of any coastal or shore-protection structure.

4. The horizontal location of the erosion control line (if one exists).

5. The contour lines corresponding to elevation 0.00 (NAVD).

6. The approximate contour of mean high water and the seasonal high water.

7. The horizontal location of the seaward line of vegetation and outlines of existing natural vegetation.

8. The horizontal location of the CCCL or the 50-foot setback (if no CCCL is established for the county in which the property is located) for the full width of the subject property, including the location and full stamping of the two nearest Department or published second order or higher horizontal control points.

9. The location and dimensions of the property boundary, rights of way, and easements, if any.

10. The property owner and project name, street address, scale, north arrow, sheet number, and date of drawings.

11. The location of work limits, construction fences, and dune features and vegetation to be protected during construction.

(i) A dimensioned grading plan. The drawings shall be signed and sealed by a registered professional. The grading plan shall include:

1. Existing and proposed elevations, contours and spot elevations; and

2. Proposed excavation and fill volumes seaward of the CCCL, including excavation and fill associated with swimming pools and other water retention structures, and site grading.

3. Certification from a registered professional that the fill material meets the specifications/criteria of subsection 62B-33.005(7), F.A.C.

4. For multifamily habitable and commercial structures only, the following information is required:

a. A table specifying all excavation and fill volumes seaward of the CCCL associated with the project, including excavation or fill associated with the construction of foundations, basements, swimming pools and other water retention structures, and site grading;

b. Samples of proposed fill material (either imported or excavated) shall be submitted to the Department if the fill material will be placed on the beach, within the dune system or coastal strand vegetation, or seaward of armoring; or if the fill material volume will be greater than 700 cubic yards and will be placed within 50 feet of a frontal dune, dune bluff or primary dune, whichever is more seaward;

c. The storage locations and description of handling methods for all temporary excavation and fill material; and

d. Geotechnical data sufficient to determine the fill material meets the standards of subsection 62B-33.005(7), F.A.C.

(j) Dimensioned cross-sections. The drawings shall be signed and sealed by a registered professional. The cross-sections shall include a typical view from the mean high water line (MHWL) to the CCCL depicting all structures and building elevations, proposed and existing grades, subgrade construction, excavation, fill, and elevations for any proposed or existing rigid coastal structures.

(k) For rigid coastal structures, engineering calculations for design anticipated wave runup, overtopping, erosion, scour, and anticipated loads of the design storm event, a dimensioned site plan and detailed final construction plans and specifications for all proposed structures or excavation. These documents shall be signed and sealed by an engineer licensed in the State of Florida and shall bear the certification specified in paragraph 62B-33.0051(2)(c), F.A.C., and the site plan shall include all information required in subsection 62B-33.0081(1), F.A.C.

(l) Details, including engineering design computations, for any proposed waste or storm water discharge onto, over, under, or across the beach and dune system, such as storm water runoff, swimming pool drainage, well discharge, domestic waste systems, or outfalls. For multi-family dwellings, commercial developments, paved roadways, parking lots, and any de-watering projects, the applicant shall provide a dimensioned storm water management plan or other drainage plan(s). These plans shall show all conveyance systems (pipes, swales, culverts, wells, catchbasins, outlets), retention areas, invert elevations, and surface runoff drainage arrows.

(m) An anticipated construction schedule.

(n) A detailed planting plan drawn to an appropriate scale. The planting plan shall include:

1. The location, typical sizes, and approximate spacing of proposed plants;

2. The proposed temporary or permanent irrigation systems;

3. Existing native vegetation and plants to be removed; and

4. A plant list with both scientific and common names.

(o) Planting and maintenance plans drawn to an appropriate scale shall be submitted if planting or removal of native vegetation is proposed as part of a proposed dune restoration or enhancement project, Such plans shall include specifications and schedules for the establishment of native plantings and the locations of:

1. The MHWL;

2. The seasonal high water line;

3. The seaward most vegetation line and existing stands of vegetation;

4. The dune crest(s);

5. The foundations of structures on the property;

6. Any proposed planting areas, including dimensions; and

7. Any dune protection elements such as construction fences, sand fences or signs.

(2) If the application proposes to repair or rebuild, improve, or add an addition to an existing structure, the applicant shall submit a statement from the local governmental agency having jurisdiction over the activity which clearly states whether or not the proposed construction is a substantial improvement as defined in Section 161.54(12), F.S. If a statement is not available, the applicant shall submit to the Department all documentation necessary for the Department to make such a determination. The documentation shall include the cost of the improvement or repair and a figure representing the cumulative total of 50 percent of the market value of the structure, either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.

(3) The staff shall require the applicant to provide other site specific information or calculations as is necessary for proper evaluation of the application. The dimensions for the plans referenced in this section shall be submitted in U.S. Customary System units. Structures shall be located with distances measured perpendicular to the control line, 50-foot setback line, or the mean high water line, as appropriate. All elevations in this rule shall be referenced to NAVD 88 (U.S. survey foot). Site, grading, drainage, and landscape plans as well as cross-sections shall be drawn to a scale no smaller than 1'' = 40' in the horizontal dimension.

(4) The Department recognizes that the requirements specified in paragraphs 62B-33.008(1)(e) through (o), and Rule 62B-33.0081, F.A.C., may not, due to the project specific circumstances, be applicable or necessary to ensure protection to the beach and dune system. In such cases, the applicant shall, as part of the application, identify those requirements and state the reason why they are inapplicable. The Department shall waive requirements that do not apply.

(5) The applicant shall have 180 days from the date the Department mails a timely request for additional information to submit that information to the Department. If an applicant requires more than 180 days in which to respond to a request for additional information, the applicant may notify the Department in writing of the circumstances, at which time the application shall be held in active status for a period of up to 90 days. Additional extensions shall be granted for good cause shown by the applicant. A showing that the applicant is making a diligent effort to obtain the requested additional information shall constitute good cause. Failure of an applicant to provide the timely requested information by the applicable deadline shall result in denial of the application.

(6) Permits for major structures and coastal armoring shall expire three years from the date of issuance unless the Department receives a written request for extension from the applicant demonstrating that the construction phase of the project cannot be completed within three years. In such case, permits for major structures and coastal armoring shall expire five years from the date of issuance. Permits for minor structures shall expire one year from the date of issuance. Permits for other structures shall expire two years from date of issuance. Once a permit has expired, all activity authorized must cease unless a new permit, a time extension, or a permit renewal is approved by the Department.

(7) Any substantial modification to a complete application shall require an additional processing fee determined pursuant to subsection 62B-33.0085(4), F.A.C., and shall restart the time requirements of Section 120.60, F.S. For purposes of this rule section, the term “substantial modification” shall mean a modification that is reasonably expected to lead to new or increased adverse impacts that require a detailed review.

(8) As an alternative to the above procedure, the Department issues field permits for certain minor structures and activities if the Department determines the activity has minor impacts. The field permit form that, is entitled “Field Permit Pursuant to Section 161.053 or 161.052, Florida Statutes,” DEP Form 73-122 (7/2026), is hereby adopted and incorporated by reference, located at http://flrules.org/Gateway/reference.asp?No=Ref-19552.

(9) Requests for the Department to determine that the proposed activity is exempt from permitting pursuant to the provisions of Section 161.053(11)(b), F.S., shall include, at a minimum, a survey meeting the requirements of Rule 62B-33.0081, F.A.C., and the information requirements of paragraphs 62B-33.008(1)(h), (i), (j), (l), (n) and (o), and subsection 62B-33.008(3), F.A.C. The Department recognizes that the requirements specified above may not be necessary to make an exemption determination. In such cases, the applicant shall, as part of the request for exemption, identify those requirements and state the reason why they are inapplicable. The Department shall waive requirements that do not apply.

(10) For reissued permits, the information specified under paragraphs 62B-33.008(1)(a) through (d), F.A.C., and the following are required:

(a) An updated signed and sealed survey of the subject property that meets the requirements of Rule 62B-33.0081, F.A.C.

(b) A copy of the previously approved plans, including any revisions to the approved plans to comply with current building code requirements.

History

• Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(2), 161.053(2), (4), 161.085(1), (2), (12) FS. History–New 11-18-80, Amended 7-7-81, 3-17-85, 11-10-85, Formerly 16B-33.08, Amended 8-7-86, Formerly 16B-33.008, Amended 1-26-98, 8-27-00, 12-31-01, 6-13-04, 5-31-07, 11-28-18, 7-7-26, Technical Change 7-21-26.

Fla. Admin. Code R. 62B-33.0081 Survey Requirements

(1) The certified survey of the subject property, which is required by paragraph 62B-33.008(1)(e), F.A.C., shall include the following information:

(a) The property owner’s name.

(b) All vertical data specified on the survey shall be referenced to NAVD 88 (U.S. survey foot).

(c) The location of the property in relation to bordering roads and streets.

(d) Property boundaries and right-of-ways.

(e) Legal description of the property.

(f) All horizontal coordinates, bearings, and distances referenced to the control provided upon the most recently recorded Map of Record for the CCCL in the county where the subject property is located.

(g) The recording date, book, and page of the Map of Record of the CCCL as recorded in the county public records where the subject property resides.

(h) The horizontal location of the CCCL or the fifty (50)-foot setback (if no CCCL is established for the county in which the property is located) for the full width of the subject property, including the location and full stamping of the two (2) nearest Department or published second order or higher horizontal control points.

(i) The horizontal location of the erosion control line, if one exists.

(j) The horizontal locations of the contour lines corresponding to elevation 0.00, the approximate contour of the mean high water, and the contour of the seasonal high water.

(k) The horizontal location of the seaward line of vegetation and outlines of existing natural vegetation. Each contiguous stand shall be circumscribed at the outermost edge of the vegetation or the drip line of a tree canopy and shall be identified as being one of the following categories:

1. Beach dune (grasses and groundcovers);

2. Coastal strand (saw palmetto and salt pruned shrubs);

3. Hammock (overhead forest canopy);

4. Wetland (mangrove, marsh, or swamp); or

5. Exotics (greater than 50 percent Australian pine, Brazilian pepper, Australian scaevola, or other invasive nuisance species).

(l) When the topographic contours of the subject property are uniform in nature in the shore-normal direction throughout the project area, show (1) a minimum of three transects, (2) one transect per lot line, and (3) one transect per 100ꞌ feet of shore-normal direction, with data points at 25-foot intervals and at one-foot or greater changes in elevation on each transect. In project areas that are irregular or not uniform in nature or where abnormal topographic entities exist in a dune system, provide sufficient transect data points and elevations to establish a one-foot contour interval throughout the dune system.

(m) Dimensions and locations of the foundation outlines of any existing structures on the subject property and the bearings and distances perpendicular from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of the crest or cap at the extremities of any coastal or shore protection structure.

(n) If the permit is requested under the provisions of Section 161.053(4)(b) or 161.052(2)(b), F.S., the survey shall show the dimensions and locations of the foundation outlines of any existing structures in the immediate contiguous or adjacent areas that the applicant contends have established a reasonably continuous and uniform construction line. The survey shall show bearings and distances perpendicular from the CCCL or fifty (50)-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of the crest or cap at the extremities of any coastal or shore protection structure, including the down line bearings and distances from the nearest point of intersection of the CCCL and the established perpendicular intersection.

(2) When conventional route surveying is used to locate the CCCL, the following information must be shown, reported, and become a part of the drawing:

(a) The location traverse showing all adjusted angles, distances, and directions shall be shown, reported, and become a part of the drawing.

(b) At least two (2) CCCL Map of Record control points or any two (2) published second order or higher horizontal control points shall be used in the location traverse. The bearing and distance from the nearest control monuments to the points of intersection on the CCCL shall be shown upon the survey.

(c) The survey shall provide the Florida State Plane Coordinates referenced to NAD 83/90 (U.S. survey foot) for two consecutive property corners on the subject property and the perpendicular bearings and distances to the most recently recorded CCCL or 50-foot setback, including the down-line bearing and distance from the nearest point of intersection of the CCCL and the established perpendicular intersection.

(3) When Global Positioning Systems are used, the following must be shown, reported, and become a part of the drawing:

(a) A tabular listing of all Geodetic Control Stations occupied and checked into, along with their latitude, longitude, State Plane Coordinate, zone, and specifications of units (U.S. survey foot).

(b) The software brand and version number used for the baseline or real-time processing and or adjustment.

(c) Identification of the Geodetic Control that was held fixed or used as Base Station installation. The Geodetic Control that was checked or allowed to take adjustment. When using real-time kinematic carrier phase processing, at least one additional control monument shall be occupied and a statistical comparison to the published values shall be provided.

(d) A general statement of accuracy for each newly established coordinate.

(e) A graphic representation of the final fixed position data depicting the three-dimensional vector baseline established between the control station and the newly established stations, including three-dimensional loop closure statistics on the checked monumentation.

(f) A tabular listing of all newly established positions obtained from the final fixed vectors which includes their latitude, longitude, State Plane Coordinate, zone, grid Azimuth (convergence angle), scale factor, and specification of units (U.S. survey foot). Newly established stations shall be identified as such. The number of decimal places displayed shall reflect the level of precision of the work performed.

(g) The survey drawings shall include the following notes or equivalent:

1. The procedures and or network design meet the Geodetic Accuracy Standards and Specifications for Using GPS Related Positioning as set forth by the Federal Geodetic Control Sub-Committee in their most current publication for 3rd order class 1 horizontal control survey or provide the horizontal accuracy for all new positions established as a positional tolerance.

2. Provide the vertical accuracy for all new positions established as a positional tolerance.

3. The survey shall provide the Florida State Plane Coordinates referenced to NAD 83/90 (U.S. survey foot) for two (2) consecutive property corners on the subject property and the perpendicular bearings and distances to the most recently recorded CCCL or fifty (50)-foot setback, including the down line bearing and distance from the nearest point of intersection of the CCCL and the established perpendicular intersection.

4. For general location purposes the survey shall provide a bearing and distance from the state plane coordinated property corners to the nearest Department range baseline monitoring location.

History

• Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(2), 161.053(2), (4), 161.085(1), (2) FS. History–New 6-13-04, Amended 5-31-07, 7-7-26.

Fla. Admin. Code R. 62B-33.0085 Application Fees

(1) Each application for a new permit or for a change in permit status to be considered by the Department pursuant to Section 161.053, F.S., or this chapter, except the applications listed in paragraphs 62B-33.0085(1)(a) through (f), F.A.C., shall be accompanied by a fee. Monies from fees assessed pursuant to this rule section shall be deposited into the Florida Permit Fee Trust Fund. A 10 percent discount to the fees in this chapter shall be applied to applications submitted electronically pursuant to Rule 62B-33.0086, F.A.C. No fee shall be assessed for:

(a) Applications pursuant to Rule 62B-33.014, F.A.C., Emergency Procedures;

(b) Applications filed by agencies of government of the executive branch of the State of Florida;

(c) Applications for permits pursuant to Section 161.052, F.S., for work to be conducted in counties where no CCCL has been established pursuant to Section 161.053, F.S.;

(d) Field permits;

(e) Determination of exemptions; or

(f) Requests for permit transfer.

(2) The appropriate fee is to be submitted to the Department at the time of application. No permit application will be considered complete until the required fee has been received by the Department.

(3) If an applicant has submitted a fee for an activity which is exempt from the fee provisions of this rule section, such fee shall be refunded to the applicant pursuant to the provisions of Section 120.60(2), F.S. Any fee payment in excess of the amount required by this rule section shall be refunded to the applicant. Fees submitted to the Department pursuant to this rule section shall not be refunded if the application is withdrawn, denied, or if separate application(s) to other governmental agencies are denied.

(4) The total permit application fee shall be the sum of the fees assessed for each individual major structure plus any additional fee for minor structure. The fees shall be assessed in accordance with the following schedule:

(a) Nonhabitable major structures: $1,000.00.

(b) Habitable major structures with a roof footprint less than 2,400ꞌ square feet for a single family dwelling: $2,000.00.

(c) Habitable major structures with a roof footprint equal to or greater than 2,400ꞌ square feet for a single family dwelling: $4,000.00.

(d) Habitable major structures with more than one dwelling unit (e.g., hotels, motels, apartment buildings, and condominiums): $5,000 plus $100.00 per dwelling unit for each dwelling unit in the structure.

(e) Other major habitable structures (e.g., commercial or public buildings, restaurants, and towers): $3,000.00.

(f) Additions to existing habitable structures for a single family dwelling: $1,000.00.

(g) Additions to existing habitable structures with more than one dwelling unit: $2,500.00 for the first unit and $100.00 for every additional dwelling unit in the structure.

(h) Minor structures and activities: $300.00 for a single minor structure, $500.00 for multiple minor structures, and $300.00 for one or more minor activities. Minor activities include but are not limited to dune construction and enhancement, placement of fill, and removal of debris. Minor structures and activities exclude minor structures and activities authorized by a field permit. There shall be no additional fee for minor activities in conjunction with a permit for a major structure.

(i) Experimental Projects: $3,000.00 for experimental projects permitted in accordance with Section 161.053, F.S., and Chapters 27, 89-175, Laws of Florida.

(j) Area Wide Permits pursuant to section 161.053(17), F.S.: $500.00.

(k) Coastal Armoring Structures: $3,000.00 for structures up to 100 feet in length, plus $500.00 for each additional 50 feet of length or portion thereof. For fee payment purposes, the length of the structure shall include return walls.

(l) Other Activities: $500.00. Other activities include, but are not limited to minor reconstruction of coastal protection structures, repairs to major structures, excavation, and large landscaping projects.

(m) Time Extension: $100 for minor structure permits, $200.00 for permits for major or armoring projects that are certified by a registered professional to be at least 75 percent complete, $500.00 for projects that are certified by a registered professional to be less than 75 percent complete and above the foundation, and $750.00 for projects in which the foundation is incomplete. In order to be eligible for a time extension, a request, pursuant to subsection 62B-33.013(3), F.A.C., must be filed with the Department at CCCL@dep.state.fl.us prior to the permit expiration date.

(n) Permit Renewal: $1,000.00 or 10 percent of the original permit fee whichever is greater for permits which expire without a request for time extension or in cases in which a request for a time extension is not received prior to the permit expiration date.

(o) Revisions or Modifications of Approved Permits.

1. For a modification to a permit for a minor structure or activity which adds a new minor structure or activity, the fee will be the amount assessed for the additional structure or activity under subsection 62B-33.0085(4), F.A.C. For a modification which includes revisions to a permitted minor structure or activity and does not include a new minor structure or activity, the fee will be $150.00.

2. For a modification to a permit for a major structure which adds a new major structure or dwelling unit, the fee will be $500.00 or the amount assessed for the structure or dwelling unit under subsection 62B-33.0085(4), F.A.C., whichever is greater. For a modification which includes revisions to a permitted major structure or dwelling unit and does not include a new major structure or dwelling unit, the fee will be $500.00.

(p) Fee Schedule for Reissued Individual Permits for Previously Permitted Major Structures: For major structures that were previously permitted but not completed and the applicant is now applying for a reissued permit, the application fee shall be assessed in accordance with the following schedule:

1. For projects located on a shoreline which has experienced significant change due to storm impact or erosion, the fee shall be assessed in accordance with paragraphs 62B-33.0085(4)(a) through (g), F.A.C.

2. For projects located on a shoreline which has not experienced significant change due to storm impact or erosion, the fee shall be asssessed in accordance with the following schedule:

a. Nonhabitable major structures: $500.

b. Habitable major structures with a roof footprint less than 2,400 square feet for a single family dwelling: $1,000.

c. Habitable major structures with a roof footprint equal to or greater than 2,400 square feet for a single family dwelling: $2,000.

d. Habitable major structures with more than one dwelling unit (e.g., hotels, motels, apartment buildings, and condominiums): $5,000.

e. Other major habitable structures (e.g., commercial or public buildings, and restaurants): $1,500.

f. Additions to existing habitable structures for a single family dwelling: $500.

g. Additions to existing habitable structures with more than one dwelling unit: $2,500.

(q) Fee Waiver: For projects which are cost shared under Section 161.101, F.S., with the state government, the local government may request a waiver of that portion of the fee above the local government pro rata share. (Example: local share 50%, computed total fee $5,000.00, waived fee is $2,500.00, local pro rata fee $2,500.00). In no case will the local pro rata share be less than $2,000.00.

(r) Development Agreements pursuant to Section 161.0531, F.S.: $2,000.00.

History

• Rulemaking Authority 161.052(11), 161.053(20), 161.0535 FS. Law Implemented 161.0535 FS. History–New 8-7-86, Formerly 16B-33.0085, Amended 6-16-97, 4-30-98, 8-27-00, 6-13-04, 10-4-18.

Fla. Admin. Code R. 62B-33.0086 Electronic Submittals

An electronic application (“Application for a Permit for Construction Seaward of the CCCL or 50-Foot Setback” – DEP Form 73-100), adopted and incorporated by reference in subsection 62B-33.008(1), F.A.C., must be submitted to the Department via email at CCCL@dep.state.fl.us, together with the appropriate fee listed in Rule 62B-33.0085, F.A.C., to obtain a CCCL permit. Information saved on an electronic storage device can be mailed to 2600 Blair Stone Road, MS #3522, Tallahassee, Florida 32399-2400. Unless otherwise specified herein, all files shall be in pdf format and shall not exceed 20 MBs in size per file submitted. If the applicant provides a written statement that the electronic submittal requirements pose a substantial technical or financial hardship, the electronic submittal requirements may be waived, and the documents may be submitted to the above address. When submitting the electronic information, the applicant shall use the following standards:

(1) Submit the “Application for a Permit for Construction Seaward of the CCCL or 50-Foot Setback” (DEP Form 73-100), adopted and incorporated by reference in subsection 62B-33.008(1), F.A.C., in a searchable electronic format. The Department encourages property owners to complete their application online at the link below and submit the completed application via email following the instructions given on the website; https://floridadep.gov/rcp/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms;

(2) Submit geotechnical data in electronic file format;

(3) Submit Geographic Information System (GIS) data (.shp, .dwg or .dxf or other GIS compatible format) that has been projected into the appropriate Florida State Plane coordinate system. Metadata shall be included using the Federal Geographic Data Committee (FGDC) standard. Metadata may be submitted in .xml format if included as part of the shapefile, in a .txt file if sent separately, or other convertible file;

(4) Use electronic signatures, pursuant to Chapter 668, F.S.;

(5) Use electronic professional certifications, pursuant to Section 471.025, F.S.;

(6) Appendices or attachments shall be indexed to the CCCL Application; and

(7) Submit the application and cover letter by email; or to a web page set up by the Department to receive electronic applications; or on an electronic storage device mailed to the Department of Environmental Protection, 2600 Blair Stone Road, MS #3522, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 20.255(8), 161.052(11), 161.053(20), 403.061(45) FS. Law Implemented 20.255(8), 161.052(2), 161.053(2), (4), 403.061(45) FS. History–New 11-28-18, Amended 7-7-26.

Fla. Admin. Code R. 62B-33.009 Procedures for Surveying the Coastal Construction Control or Setback Line

History

• Rulemaking Authority 370.021(1) FS. Law Implemented 161.052, 161.053, 370.02 FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.09, 16B-33.009, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.010 Policies and Procedures for Reviewing Established Coastal Construction Control Lines

History

• Rulemaking Authority 370.021(1) FS. Law Implemented 161.053(2) FS. History–New 11-18-80, Amended 3-17-85, Formerly 16B-33.10, 16B-33.010, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.011 Consultation

History

• Rulemaking Authority 370.02(5), 370.021(1) FS. Law Implemented 161.052, 161.053 FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.11, 16B-33.011, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.012 Processing Procedures

History

• Rulemaking Authority 370.021(7) FS. Law Implemented 161.052, 161.053, 370.02(5) FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.12, 16B-33.012, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.013 Permit Modifications, Time Extensions, and Renewals

(1) Requests for major changes or modifications including additions, revisions, or structural modifications of permitted projects or activities shall be reviewed in the same manner as the initial application. Changes considered major are those changes that will affect compliance with structural standards of this rule or which increase the potential for adverse impacts.

(2) A determination that minor changes or modifications, including minor additions, revisions, or structural modifications of permitted projects or activities that are within the scope of the permit, shall be made upon request of the applicant. Minor additions, revisions, or structural modifications are those changes which will not increase the risk of adverse impacts.

(3) The permittee or authorized agent may request an extension of the permit expiration date by filing a written request with the Department prior to the permit expiration date. If a request for a time extension is completed pursuant to paragraph 62B-33.013(3)(a), F.A.C., and received prior to the permit expiration date, the permit will be valid until the Department acts upon the extension request. If a timely but incomplete request for a time extension is received, construction must cease upon the expiration date of the permit and shall not resume until the request is complete or until the Department acts upon the request. Time extensions for major structures and coastal armoring can be issued for periods of up to three years, for other structures up to two years, and for permits for minor structures or activities for up to one year. The total time extensions for permits for major structures and coastal armoring shall not extend beyond three years from the permit’s original expiration date, beyond two years for other structures and activities, and beyond one year for minor structures or activities. The request shall be made using the time extension form entitled “Application for a Permit Time Extension Pursuant to Rule 62B-33.013, F.A.C.,” DEP Form 73-113 (7/2026), which is hereby adopted and incorporated by reference, located at http://flrules.org/Gateway/reference.asp?No=Ref-19558. A copy of the form can be obtained by contacting the Department of Environmental Protection, 2600 Blair Stone Road, MS #3522, Tallahassee, Florida 32399-2400, at https://floridadep.gov/rcp/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms.

(a) A written request for a permit time extension shall include the following items:

1. The permit number,

2. The length of time requested,

3. A copy of a valid building permit or current written evidence provided by the applicable county or municipality that the authorization previously provided under paragraph 62B-33.008(1)(c), F.A.C., shall remain in effect throughout the duration of the requested time extension,

4. Reasonable assurance that the activity can be completed within the time extension requested based on a schedule for completion included with the request, that no significant change in shoreline conditions has occurred since the original permit was issued, and that the nature of the work has not changed; and,

5. A fee pursuant to Rule 62B-33.0085, F.A.C.

(b) The Department shall deny a request for a time extension if:

1. Shoreline or other conditions have changed so that the project is no longer permittable under this rule chapter;

2. Application for a time extension is made after the expiration date of the permit;

3. Construction has not started within the five (5)-year period following the date of permit issuance for a major structure;

4. The permit has previously been extended to the limit allowed under this subsection or renewed pursuant to subsection 62B-33.013(4), F.A.C.; or

5. The time extension request would extend the expiration date beyond three years from the permit’s original expiration date.

(4) If a permit has expired before the work is complete, the applicant may apply in writing for a permit renewal provided the request is made within six months of the original permit expiration date. A permit renewal can be issued for periods of up to two years. Permit renewals are not available if a time extension, pursuant to subsection 62B-33.013(3), F.A.C., was previously issued. In order to obtain a renewal, the applicant must provide information required in subparagraphs 62B-33.013(3)(a)1. through 5., F.A.C. Time extensions are not authorized while a permit renewal is in effect.

(5) If construction is not complete after having been granted additional time by means of either a time extension or a permit renewal, the permittee must submit an application pursuant to Rule 62B-33.008, F.A.C., for a new or reissued permit.

History

• Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(2), 161.053(2), (4), 161.085(1), (2) FS. History–New 11-18-80, Amended 3-17-85, Formerly 16B-33.13, 16B-33.013, Amended 1-26-98, 8-27-00, 6-13-04, 5-31-07, 11-28-18, 7-7-26.

Fla. Admin. Code R. 62B-33.014 Emergency Procedures

(1) A “shoreline emergency” declared by the Governor or the Department is any unusual incident resulting from a hurricane, storm, or other violent coastal disturbance that has resulted in erosion, beach or coastal damage, sudden and unpredictable hazards to navigation, damage to upland structures, or any other unusual incident from natural or unnatural causes that endangers the coastal system or health, safety, welfare, or resources of the citizens of the state. Permits approved under the emergency procedures described in this rule section are intended to alleviate conditions resulting from a shoreline emergency and for purposes of this rule section shall be referred to as “emergency permits.”

(2) Once a state of emergency is declared by either Executive Order of the Governor, pursuant to Section 252.36, F.S., or by the Secretary, pursuant to Section 120.569(2)(n), F.S., the following emergency procedures shall be followed:

(a) Designated representatives of the Department shall process emergency permits upon the request for an emergency field permit or the submittal of an emergency permit application. All construction shall be reasonably expected to be completed within ninety (90) days of permit issuance;

(b) Emergency field permits that are processed pursuant to this chapter, may be issued for construction, including but not limited to:

1. Temporary or remedial activities to protect structures;

2. Repair or replace minor structures, including dune walkovers, retaining walls, decks, and gazebos;

3. Dune restoration with beach compatible sand; and

4. Repair or replacement of minor damages to coastal armoring structures, including bulkhead or seawall caps, return walls, tiebacks, individual sheet piles, and armor stone; and other similar activities.

(c) Emergency permit applications may be submitted for the following activities: permanent foundation repair to major structures, repair or reconstruction of major structures, or repair or reconstruction of major damages to coastal armoring structures. The request shall be submitted to the Department at CCCL@dep.state.fl.us using the form entitled “Emergency CCCL Permit Application” – DEP Form 73-303 (7/2026), which is hereby adopted and incorporated by reference, located at http://flrules.org/Gateway/reference.asp?No=Ref-19559;

(d) Processing fees for emergency permits shall be waived;

(e) Information requirements of this rule chapter shall be deferred if the delay necessary to gather and submit the information will compound the emergency; and,

(f) Public notice procedures shall be waived.

(3) Emergency permit processing procedures shall be designated for no longer than the period stated in the executive order. The Department shall authorize emergency permit processing extensions, of 30 days each, not to exceed three extensions, concurrent with an emergency final order. If the Department issues a timely request for additional information the applicant shall have 30 days from the request for additional information or expiration date of the emergency processing procedures, whichever occurs later, to submit that information to the Department. If an applicant requires more than 30 days in which to respond to a request for additional information, the applicant may notify the Department in writing of the circumstances, at which time the application shall be held in active status for a period of up to 30 additional days. An additional extension of no more than 30 days from the last extension shall be granted for good cause shown by the applicant. A showing that the applicant is making a diligent effort to obtain the requested additional information shall constitute good cause. Failure of an applicant to provide the timely requested information by the applicable deadline shall result in denial of the application.

(4) Emergency permits shall expire 90 days after the date of issuance unless an earlier date is specified in the permit. If the permittee demonstrates that the emergency conditions still exist and that failure to complete the project was beyond the permittee’s control, the Department shall grant an extension of no more than 90 days after the initial expiration date.

(5) When the proposed activity is not for the purpose of alleviating conditions resulting from the shoreline emergency, permitting and authorization procedures set forth in the other sections of this rule chapter shall be followed.

(6) Emergency permits shall not be issued for the creation of new lands or permanent structures that did not exist before the emergency.

History

• Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(2), 161.053(2), (4), 161.085(1), (2), (3), (4), (6), (8) FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.14, 16B-33.014, Amended 1-26-98, 5-31-07, 10-4-18, 7-7-26.

Fla. Admin. Code R. 62B-33.015 Permit Conditions

History

• Rulemaking Authority 370.021(1) FS. Law Implemented 161.052, 161.053, 370.02(5) FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.15, Amended 8-7-86, Formerly 16B-33.015, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.0155 General Permit Conditions

(1) The following general permit conditions shall apply, unless waived by the Department or modified by the permit:

(a) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications that were approved by the Department as part of the permit. Deviations therefrom, without written approval from the Department, shall be grounds for suspension of the work and revocation of the permit pursuant to Section 120.60(7), F.S., and shall result in assessment of civil fines or issuance of an order to alter or remove the unauthorized work, or both. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized without prior written approval from the Department. A copy of the notice to proceed shall be conspicuously displayed at the project site. Approved plans shall be made available for inspection by a Department representative.

(b) The permittee shall conduct the construction or activity authorized under the permit using extreme care to prevent any adverse impacts to the beach and dune system, marine turtles, their nests and habitat, or adjacent property and structures.

(c) The permittee shall allow any duly identified and authorized member of the Department to enter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department until all construction or activities authorized or required in the permit have been completed and all project performance reports, certifications, or other documents are received by the Department and determined to be consistent with the permit and approved plans.

(d) The permittee shall hold and save the State of Florida, the Department, and its officers and employees harmless from any damage, no matter how occasioned and no matter what the amount, to persons or property that might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damage.

(e) The permittee shall allow the Department to use all records, notes, monitoring data, and other information relating to construction or any activity under the permit, which are submitted, for any purpose necessary except where such use is otherwise specifically forbidden by law.

(f) Construction traffic shall not occur and building materials shall not be stored on vegetated areas seaward of the control line unless specifically authorized by the permit. If the Department determines that this requirement is not being met, positive control measures, such as temporary fencing, designated access roads, adjustment of construction sequence, or other requirements, shall be provided by the permittee at the direction of the Department. Temporary construction fencing shall not be sited within marine turtle nesting habitats.

(g) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the permit. Before the project is considered complete, any disturbed topography or vegetation shall be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune vegetation. When required for mitigation, dune vegetation will be considered successfully established if within 180 days of planting, a minimum of 80 percent of the planting units survive, a minimum of 80 percent of the planted area is covered with native species and the vegetation is continuous without gaps along the shoreline.

(h) All fill material placed seaward of the CCCL shall meet the requirements of subsection 62B-33.005(7), F.A.C. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter; and shall be obtained from a source landward of the CCCL.

(i) If surplus sand fill results from any approved excavation seaward of the control line, such material shall be distributed seaward of the control line on the site, as directed by the Department, unless otherwise specifically authorized by the permit. Sand fill placed seaward of the frontal dune, bluff or coastal armoring in marine turtle nesting habitat shall be configured such that it does not interfere with marine turtle nesting.

(j) Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the same species or, by authorization of the Department, with other native salt-tolerant vegetation suitable for beach and dune stabilization. Unless otherwise specifically authorized by the Department, all plants installed in beach and coastal areas – whether to replace vegetation displaced, damaged, or destroyed during construction or otherwise – shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine, and grown from stock indigenous to the region in which the project is located.

(k) All topographic restoration and revegetation work is subject to approval by the Department, and the status of restoration shall be reported as part of the final certification of the actual work performed.

(l) If not specifically authorized elsewhere in the permit, no operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle nesting season. The marine turtle nesting season is May 1 through October 31 in all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle nesting occurs during the period of March 1 through October 31.

(m) If not specifically authorized elsewhere in the permit, no temporary lighting of the construction area is authorized at any time during the marine turtle nesting season and no additional permanent exterior lighting is authorized.

(n) All non-opaque walls, balcony railings, deck railings, windows and doors visible from any point on the beach must be tinted to a transmittance value (light transmission from inside to outside) of 45 percent or less through the use of tinted glass or window film.

(o) The permit has been issued to a specified property owner and is not valid for any other person unless formally transferred. An applicant requesting transfer of the permit shall sign the permit transfer agreement form, agreeing to comply with all terms and conditions of the permit, and return it to the Department. The transfer request shall be provided on the form entitled “Permit Transfer Agreement” – DEP Form 73-103 (7/2026), which is hereby adopted and incorporated by reference, located at http://flrules.org/Gateway/reference.asp?No=Ref-19560. No work shall proceed under the permit until the new owner has received a copy of the transfer agreement approved by the Department. A copy of the transfer agreement shall be displayed on the construction site along with the permit. An expired permit shall not be transferred.

(p) The permittee shall immediately inform the Department of any change of mailing address of the permittee and any authorized agent until all requirements of the permit are met.

(q) For permits involving habitable major structures, all construction on the permitted structure shall stop when the foundation pilings have been installed. At that time the foundation location form shall be submitted to and accepted by the Department prior to proceeding with further vertical construction above the foundation. The form shall be signed by a professional surveyor, licensed pursuant to Chapter 472, F.S., and shall be based upon such surveys performed in accordance with Chapter 472, F.S., as are necessary to determine the actual configuration and dimensioned relationship of the installed pilings to the control line. The information shall be provided to the Department using the form entitled “Foundation Location Certification” – DEP Form 73-114B (7/2026), which is hereby adopted and incorporated by reference, located at http://flrules.org/Gateway/reference.asp?No=Ref-19561. Phasing of foundation certifications is acceptable. The Department shall notify the permittee of approval or rejection of the form within seven (7) working days after staff receipt of the form. All survey information upon which the form is based shall be made available to the Department upon request. Permits for repairs or additions to existing structures with nonconforming foundations are exempt from this condition.

(r) For permits involving major structures and exterior lighting on major structures, the permittee shall provide the Department with a report by a registered professional within 30 days following completion of the work. For permits involving armoring or other rigid coastal structures, the permittee shall provide the Department with a report by an engineer licensed in the State of Florida within 30 days following completion of the work. The report shall state that all locations specified by the permit have been verified and that other construction and activities authorized by the permit, including exterior lighting, have been performed in compliance with the plans and project description approved as a part of the permit and all conditions of the permit; or shall describe any deviations from the approved plans, project description, or permit conditions, and any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 62B-33.0155(1)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the Department in writing no later than 30 days following expiration of the permit. The report shall be provided on the form entitled “Final Certification” DEP Form 73-115B (7/2026), which is hereby adopted and incorporated by reference, located at http://flrules.org/Gateway/reference.asp?No=Ref-19562.

(s) Authorization for construction of armoring or other rigid coastal structures is based on an engineering review and assessment of the design and anticipated performance and impact of the structure as a complete unit. Construction of any less than the complete structure as approved by the Department is not authorized and shall result in the assessment of an administrative fine and the issuance of an order to remove the partially constructed structure. Modifications to the project size, location, or structural design shall be authorized by the Department in accordance with Rule 62B-33.013, F.A.C.

(2) The permittee shall not commence any excavation, construction, or other physical activity on or encroaching on the sovereignty land of Florida seaward of the mean high water line or, if established, the erosion control line until the permittee has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use.

(3) The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or municipal law.

(4) This permit does not authorize trespass onto other property.

(5) In the event of a conflict between a general permit condition and a special permit condition, the special permit condition shall prevail.

(6) Copies of any forms referenced above can be obtained by contacting the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, at https://floridadep.gov/rcp/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms.

History

• Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(2), 161.053(2), (4), (12), 161.085(1), (2) FS. History–New 6-13-04, Amended 5-31-07, 10-4-18, 7-7-26.

Fla. Admin. Code R. 62B-33.016 Transfer of Permits

History

• Rulemaking Authority 370.021(1) FS. Law Implemented 161.052, 161.053, 370.02(5) FS. History–New 11-18-80, Amended 3-17-85, Formerly 16B-33.16, 16B-33.016, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.017 Time Limits on Permits

History

• Rulemaking Authority 370.021(1) FS. Law Implemented 161.052, 161.053, 370.02(5) FS. History–New 11-18-80, Amended 3-17-85, Formerly 16B-33.17, Amended 8-7-86, Formerly 16B-33.017, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.019 Suspension and Revocation

History

• Rulemaking Authority 370.021(1) FS. Law Implemented 161.052, 161.053 FS. History–New 11-18-80, Amended 3-17-85, Formerly 16B-33.19, 16B-33.019, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.020 Violations

History

• Rulemaking Authority 370.021(1) FS. Law Implemented 161.052, 161.053, 161.071 FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.20, 16B-33.020, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.021 Civil Penalties

History

• Rulemaking Authority 370.021(1) FS. Law Implemented 161.054 FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.21, 16B-33.021, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.022 Control Line Program Administration to Counties or Municipalities

History

• Rulemaking Authority 370.02(5), 370.021(1) FS. Law Implemented 161.053(4), (6) FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.22, 16B-33.022, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.0225 Partial Control Line Program Administration to Counties or Municipalities

History

• Rulemaking Authority 370.02(5), 370.021(1) FS. Law Implemented 161.053(6), (15) FS. History–New 3-17-85, Amended 11-10-85, Formerly 16B-33.225, 16B-33.0225, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.023 Coastal County and Municipality Reporting Requirements

History

• Rulemaking Authority 370.02(5), 370.021(1) FS. Law Implemented 161.053(10), 161.053(5), (14), (15) FS. History–New 11-18-80, Amended 3-17-85, Formerly 16B-33.23, 16B-33.023, Repealed 2-14-96.

Fla. Admin. Code R. 62B-33.024 Thirty-Year Erosion Projection Procedures

(1) A 30-year erosion projection (30-YEP) is the projection of long-term shoreline recession occurring over a period of 30 years based on shoreline change information obtained from historical measurements. A 30-YEP of the location of the seasonal high water line (SHWL) shall be made by the Department on a site specific basis upon receipt of an application with the required topographic survey, pursuant to Rules 62B-33.008 and 62B-33.0081, F.A.C., for any activity affected by the requirements of Section 161.053(5), F.S., except applications for those structures located landward of a General Permit Line established under Chapter 62B-34, F.A.C. An applicant may submit a proposed 30-YEP for a property, certified by a professional engineer licensed in the state of Florida, to the Department for consideration.

(2) A 30-YEP shall be determined using one or more of the following procedures:

(a) The Department shall determine the 30-YEP for beaches where there is no beach nourishment or restoration project, and no coastal armoring, and the beaches that are not adjacent to an inlet, as follows: An average annual shoreline change rate (SCR) in the location of the MHWL at a Department reference survey monument shall be determined as set forth in subparagraphs 62B-33.024(2)(a)1. through 3., F.A.C., and multiplied by 30 years (Calculated Erosion Distance). The location of the 30-YEP is determined by projecting the location of the existing SHWL, as depicted on the application survey, landward by the Calculated Erosion Distance (SCR x 30 years). (see Figures 1 and 3):

1. The SCR shall be derived from historical shoreline data obtained from coastal topographic surveys and maps, controlled aerial photography, and similar sources approved by the Department. Data from periods of time that clearly do not represent current prevailing coastal processes acting on or likely to act on the site shall not be used.

2. The SCR shall include the zone spanned by three adjacent Department reference monuments on each side of the site. A lesser or greater number of reference monuments can be used as necessary to obtain a rate representative of the site, and a rationale for such use shall be provided.

3. In areas that the Department determines to be either stable or accreting, a minus one-foot per year SCR shall be applied as a conservative estimate.

(b) If coastal armoring is present at the site, the Department shall determine whether or not the 30-YEP shall stop at the armoring. The applicant shall provide scientific and engineering evidence, including a report with data and supporting analysis certified by a professional engineer licensed in the state of Florida, which verifies that the armoring has been designed, constructed, and maintained to survive the effects of a 30-year storm and has the ability to stop erosion of the MHWL for 30 years. The Department shall waive the requirement for the applicant to provide scientific and engineering evidence if the Department determines the information is not necessary in order to make the erosion projection determination.

(c) Some shoreline areas, such as those adjacent to or in the vicinity of inlets without jetty structures, can experience large-scale beach-width fluctuations with or without net erosional losses. Other beach areas can fluctuate greatly due to the observed longshore movement of large masses of sand, sometimes referred to as sand waves. In these areas, a 30-YEP shall be estimated from the available data at the SHWL landward limit of the large beach-width fluctuations within the last 100 years.

(d) Beach nourishment or restoration projects shall be considered as follows:

1. Future beach nourishment or restoration projects shall be considered as existing if all funding arrangements have been made and all permits have been issued at the time the application is submitted.

2. Existing beach nourishment or restoration projects shall be considered to be either a one-time beach construction event or a long-term series of related sand placement events along a given length of shoreline provided such projects have resulted in and will continue to result in the presence of sand seaward of the ECL. The Department shall make a determination of remaining project life for such existing beach nourishment or restoration projects based on the project performance, the likelihood of continuing nourishments, the funding arrangements, and consistency with the Strategic Beach Management Plan adopted by the Department for managing the state’s critically eroded shoreline and the related coastal system.

3. The pre-project SCR shall be calculated as set forth in subparagraphs 62B-33.024(2)(a)1. through 3., F.A.C., derived from historical shoreline data for the time period before the first restoration occured. The Department will use the following stepwise procedure to determine the 30-YEP on a beach with a beach restoration or nourishment project. (see Figures 2 and 3):

a. The Department shall determine the distance between the MHWL and the SHWL, using either a pre-project survey or current locations of these lines, as appropriate. That distance will be added landward to the location of either an established ECL or pre-project surveyed MHWL, as appropriate, to establish the pre-project SHWL (PSHWL).

b. The difference between 30 years and the expected remaining life (in years) of the existing beach nourishment project will be multiplied by the pre-project SCR to determine the projected distance of erosion. The projected distance of erosion will be added landward to the location of the PSHWL calculated under subparagraphs 62B-33.024(2)(a)1. through 3., F.A.C., and will represent the 30-YEP.

4. If the Department is unable to scientifically determine a pre-project erosion rate due to a lack of pre-project data, the Department shall set the 30-YEP along an existing, reasonably continuous, and uniform line of construction that has been shown to be not unduly affected by erosion.

FIGURE 1: 30-YEP Calculation for a Non-restored Beach

30-YEP = (Historical Erosion Rate feet/year) X (30 years) landward of the existing SHWL

FIGURE 2: 30-YEP for a Restored/Nourished Beach

30-YEP = (30 Project Credit years) X (Historical Erosion Rate feet/year) landward of the Pre-Project SHWL

FIGURE 3: Cross-Section of Figures 1 and 2.

(e) The 30-YEP shall extend no farther landward than the CCCL. In the event that the plane of the seasonal high water elevation does not intercept the upland terrain on the site, the 30-YEP shall stop at the CCCL, unless it is determined to be stopped by armoring as described in paragraph 62B-33.024(2)(b), F.A.C.

(f) When the Department approves a permit for new, repaired, or significantly modified coastal structures or activities that affect the lateral movement of sand along the shore, the change in site conditions can significantly affect the future shoreline location. In these areas, if the Department is unable to use historic data to determine a 30-YEP, the Department shall make a 30-YEP assessment based on the best available information and shall provide the rationale to all interested parties.

(g) If a specific SRC for a 30-YEP has not yet been determined for a given area, but the Department can determine that a proposed structure is sufficiently landward such that it will not likely be affected by a worst case erosion projection estimate, then the proposed structure shall be considered as being landward of the 30-YEP. Such an estimate shall be based on the topography, geomorphology, the erosion experienced at the site thus far, the sand supply situation, ongoing coastal processes and coastal management, and any other applicable coastal engineering factors.

(h) In the event the Department is unable to make a site specific 30-YEP following the procedures in this rule section, the Department shall make an assessment based on the best available information and shall provide the rationale to all interested parties.

(3) The Department shall continue to develop, maintain, and update a database of shoreline data for assistance in making 30-YEPs.

History

• Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(5) FS. History–New 11-10-85, Formerly 16B-33.24, 16B-33.024, Amended 1-26-98, 6-13-04, 5-31-07, 10-4-18.

Chapter 62B-34 GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE

Fla. Admin. Code R. 62B-34.010 Definitions

(1) “Bluff” is a steep cliff or slope, separating the beach from a generally flat upland area of higher elevation.

(2) “Bluff Height” is the vertical distance between the toe of bluff and the top of bluff.

(3) “Department” is the Department of Environmental Protection.

(4) “Certified Armoring” is a manmade structure designed, constructed and maintained to survive the effects of a thirty-year storm and provide protection to existing or proposed upland structures from erosion, wave attack, and current action associated with that event, and certified by a professional engineer registered in the state of Florida to meet the criteria specified in subparagraphs 62B-33.024(4)(a)1. through 4., F.A.C.

(5) “First Line of Construction” is a reasonably continuous and uniform line formed by the seaward limit of the foundations or exterior walls of habitable major structures in the immediate area, provided those structures have not been unduly affected by erosion. Decks, balconies, non-habitable major structures, minor structures, armoring and other similar structures shall not be used to determine the line of construction.

(6) “Footprint” is the area of the foundation supporting a structure.

(7) “General Permit (GP) Line” is the line that defines the seaward limit where General Permits can be issued for activities authorized by this rule chapter, is established pursuant to the provisions of Section 161.053(18), F.S., and is recorded in the official records of the county.

(8) “Limit of Construction” is the seaward limit of construction authorized by a General Permit.

(9) “Major Road” are paved roads designated as public evacuation routes, or meeting the definition of arterial or collector in the Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways (also referred to as the Florida Greenbook) Florida Department of Transportation 2007, which is incorporated by reference. Copies of this document may be obtained by writing to the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following web site: www.dep.state.fl.us/beaches.

(10) “Marine Turtle Nesting Habitat” is all sandy beaches adjoining the waters of the Atlantic Ocean, the Gulf of Mexico, and the Straits of Florida in all coastal counties and all inlet shorelines of those beaches. Nesting habitat includes all sandy beach and unvegetated or sparsely vegetated dunes immediately adjacent to the sandy beach and accessible to nesting female turtles.

(11) “Minor Structures” are designed to be expendable, and to minimize resistance to forces associated with high frequency storms and to break away when subjected to such forces, and which are of such size or design as to have a minor impact on the beach and dune system.

(12) “Non-habitable Major Structures” are structures designed primarily for uses other than human occupancy. Typically included within this category are roads, bridges, storm water outfalls, bathhouses, cabanas, decks, swimming pools, and garages.

(13) “Primary Dune” is a significant dune which has sufficient alongshore continuity to offer protective value to upland property. The primary dune may be separated from the frontal dune by an interdunal trough; however the primary dune may be considered the frontal dune if located immediately landward of the beach.

(14) “Registered Professional” means a professional registered or licensed by and in the State of Florida and practicing under Chapter 471, 472, 481, or 492, F.S.

(15) “Second Line of Construction” is a reasonably continuous and uniform line formed by the seaward limit of the foundations or exterior walls of habitable major structures situated landward of the structures forming the first line of construction.

(16) “Toe of Bluff” is the location where a distinct change in slope occurs between the beach or berm and the face of the bluff.

(17) “Top of Bluff” is the location where a distinct change in slope occurs between the face of the bluff and the upland area.

(18) “Total Footprint” is the combined area of the footprint of the single-family dwelling, the footprint of any non-habitable major structures and associated minor structures, and all cantilevered areas.

(19) “Vegetation Line” is the seaward most continuous line of native perennial grass or woody coastal grassland and coastal strand vegetation such as sea oats, Uniola paniculata, bitter panicum, Panicum amarum, saw palmetto, Serenoa repens, or sea grape, Coccoloba uvifera.

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.052, 161.053(4), (18), (21) FS. History–New 3-27-03, Amended 11-21-05, 4-7-10, 11-28-18.

Fla. Admin. Code R. 62B-34.020 Purpose

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(18) FS. History–New 3-27-03, Amended 11-21-05, Repealed 2-8-17.

Fla. Admin. Code R. 62B-34.030 Application Procedures

(1) Any person wishing to use a General Permit shall provide a notice of intent to engage in activities under the General Permit by submitting to the Department the appropriate application fee required by Rule 62B-34.040, F.A.C., along with a completed application, using DEP Form #73-101 entitled “Application for a General Permit for Construction or Other Activities Seaward of the Coastal Construction Control Line,” October 2018, which is hereby adopted and incorporated by reference, located here: http://www.flrules.org/Gateway/reference.asp?No=Ref-09947. The Department must receive the completed application at least 30 days before the applicant begins any work. Copies of the application form may be obtained by contacting the Department or by accessing the Department’s website at https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms or by telephoning (850)245-8336. The application can include one or more of the activities that qualify for a General Permit under this chapter.

(a) Each application must be accompanied by the appropriate processing fee. The fee shall be paid by check, payable to the Department of Environmental Protection. The fee is non-refundable except as provided in Section 120.60, F.S., and in this rule chapter. An application received without the required fee shall be returned to the applicant.

(b) Upon receipt of an application and the appropriate fee, the permit processing time, pursuant to the requirements of Section 161.053, F.S., and Chapter 62-4, F.A.C., shall begin.

(c) If an applicant submits an application fee in excess of the required fee, the Department shall refund to the applicant the amount received in excess of the required fee.

(2) Projects undertaken without proof of notice to the Department shall be considered as being undertaken without a permit and shall be subject to enforcement pursuant to Section 161.121, F.S.

(3) If the Department determines that the proposed activity does not qualify for the General Permit as set forth in this rule chapter, the Department shall deny the application within thirty (30) days of receiving notice of intent. If the Department does not deny the application within thirty (30) days, the applicant may conduct the activity authorized by the General Permit pursuant to the general conditions and other requirements contained in this rule chapter.

(4) Persons wishing to use a General Permit shall provide notice as required by the applicable local building code where the project will be located. If a building code requires no notice, any person wishing to use a General Permit shall, at a minimum, post on the property at least five (5) days prior to the commencement of construction a sign no smaller than 8 1/2 inches by 11 inches, with letters no smaller than one-quarter inch, describing the project.

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(18), 161.0535, 161.121 FS. History–New 3-27-03, Amended 11-21-05, 10-4-18.

Fla. Admin. Code R. 62B-34.040 Application Fees and Information Requirements

(1) Each application for a permit or for a change in permit status to be considered by the Department pursuant to Section 161.053, F.S., or this chapter shall be accompanied by a fee. Monies from fees assessed pursuant to this chapter shall be deposited into the Florida Permit Fee Trust Fund.

(a) For applications for one activity or structure the fee schedule shall be as assessed below:

1. Minor Structures: $100.

2. Dune Restoration: $100.

3. Non-habitable Major Structures: $300.

4. Swimming Pools: $300.

5. Single-Family Dwellings: $500.

6. Minor Reconstruction of Armoring: $300.

(b) For applications which include one or more of the general permit activities, the fee shall be the higher of the fees listed under subparagraphs 62B-34.040(1)(a)1. through 6., F.A.C., and shall not exceed $500.

(2) In order to demonstrate that the proposed project qualifies for the requested General Permit, the completed application required by Rule 62B-34.030, F.A.C., shall include the information below and any additional information specific to the type of General Permit requested as provided in part II of this chapter:

(a) The name, mailing address, and telephone number of the property owner and of any duly authorized agent making the application on behalf of the owner, and the signature of the applicant.

(b) An email address or a fax number of the property owner and of any duly authorized agent making the application on behalf of the owner so the Department can notify the applicant of the agency’s decision within thirty (30) days of receiving the notice.

(c) Evidence of ownership including the legal description of the property for which the permit is requested. Evidence of ownership may include a copy of an executed warranty deed bearing evidence of appropriate recordation or a copy of a property tax receipt bearing the name and address of the current owner. If the applicant is not the property owner, the applicant shall complete section 3 on the application form, authorizing the applicant to act as the owner’s agent for the purpose of applying for a permit, and to act on behalf of the owner in other matters pertaining to the permit.

(d) Written evidence from the appropriate local governmental agency having jurisdiction over the activity stating that the proposed activity, as submitted to the Department, does not contravene local setback requirements or zoning codes.

(e) A statement describing the proposed work, activity, or construction.

(f) A signed and sealed survey of the subject property performed within six (6) months of the permit application date, depicting the Coastal Construction Control Line, the General Permit Line (if established across the property), the nearest two Department reference monuments, and the remainder of the information required under paragraph 62B-33.008(1)(e), F.A.C., and Rule 62B-33.0081, F.A.C.

(g) A dimensioned site and grading plan and a cross sectional drawing drawn to a scale no smaller than 1'' = 30'. The drawings shall be signed and sealed by a registered professional, and shall show:

1. The location and dimensions of the property boundaries and rights of way.

2. Site topography, including the 0-foot contour, if applicable.

3. The location of the Coastal Construction Control Line and the General Permit Line (if established across the property).

4. Accurate dimensions and locations of the foundation outlines and exterior walls of any existing structures in the immediate contiguous or adjacent areas that the applicant contends have established a reasonably continuous and uniform first line of construction.

5. The locations of all potential and applicable limits of construction, including: major road, second line of construction, first line of construction, seasonal high water line, 30-year erosion projection, line of mean high water, erosion control line, certified armoring, landward limit of the primary dune structure, top of bluff greater than 15 feet high, and vegetation line.

6. The locations, dimensions, and square footage of any existing construction on the property.

7. The locations and perpendicular distances with respect to the Coastal Construction Control Line of any proposed construction, including the seaward most location of any foundation element, exterior wall, roofline, and deck, and the locations of any stairs providing building access or elevated walkovers to the beach.

8. The locations and volumes of any proposed excavation and fill.

9. All subgrade construction, including pile caps and grade beams, or excavation with elevations referenced to NAVD.

10. Plans for coastal armoring activities, which shall be signed and sealed by an engineer licensed in the State of Florida.

(h) If armoring is used to toll the thirty-year erosion projection, a certification by a professional engineer registered in the state of Florida shall be included with the application. The certification shall state that the armoring:

1. Has been designed, constructed, and maintained to survive the effects of a thirty-year storm,

2. Will provide protection to existing or proposed upland structures from erosion associated with the thirty-year storm event; and,

3. Will meet the criteria specified in paragraph 62B-33.024(2)(a), F.A.C.

(i) Detailed planting plans, including a plant list (with both scientific and common names), the location of proposed plant species, and the location of the existing plant species to be removed. Planting plans shall comply with the requirements set forth in subsection 62B-34.070(5), F.A.C.

(j) Where the proposed activities are landward of a General Permit Line, the applicant is not required to submit information required by subparagraphs 62B-34.040(2)(g)2., 4. and 5., F.A.C.

(k) The Department recognizes that all the informational requirements specified in paragraphs 62B-34.040(2)(f), (g), and (i), F.A.C., may not, due to the project specific circumstances, be applicable or necessary to ensure consistency with the siting or reconstruction criteria of subsections 62B-34.055(2), 62B-34.060(2), 62B-34.070(2), 62B-34.080(2), 62B-34.085(2), and 62B-34.090(2), F.A.C. In such cases, the applicant shall, as part of the application, identify those requirements and state the reason why they are inapplicable. The Department shall waive requirements that do not apply.

History

• Rulemaking Authority 161.053(18), (20), 161.0535 FS. Law Implemented 161.053(18), 161.0535 FS. History–New 3-27-03, Amended 11-21-05, 10-4-18.

Fla. Admin. Code R. 62B-34.050 General Conditions

(1) The terms, conditions, requirements, limitations, and restrictions set forth in this section are general conditions and are binding upon the permittee for all General Permits in this rule chapter. These conditions are enforceable under Chapter 161, F.S.

(2) Prior to commencing construction activities under this rule chapter, which are authorized by this Department, a formal notification from the Department must be received authorizing the proposed activity. The notice form, DEP Form 73-102 (Updated 7/05), entitled “General Permit Notice to Proceed” is hereby incorporated by reference.

(3) A copy of the Notice to Proceed and the approved plans shall be conspicuously displayed at the project site for the duration of the activity.

(4) A pre-construction conference shall be held at the site between the contractor, the owner or authorized agent, and a staff representative of the Department prior to the initiation of any work permitted under this rule chapter. The purpose of this conference is to establish the manner in which the proposed work will be performed to ensure adequate protection of the beach and dune system and native vegetation. The optimum siting of the construction fence and any walkover shall be determined during the pre-construction conference by the staff representative in order to provide maximum protection to the existing vegetation located on the site. The locations of the proposed structures shall be staked out for the pre-construction conference.

(5) A foundation location certification shall be completed by the applicant, signed by a surveyor licensed in the state of Florida, and submitted to the Department immediately following installation of the foundation piles for the most seaward major structure authorized by this General Permit. This certification shall be submitted using DEP Form 73-114B (Updated 9/05) entitled “Foundation Location Certification,” which is hereby incorporated by reference. The Department shall perform such verification within seven (7) working days of receipt of the certification. If the Department does not respond to the certification within seven (7) working days then construction may proceed. No further work may proceed until the Department has verified the foundation location information and authorized additional work to proceed.

(6) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications that were approved by the Department as part of the permit. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized.

(7) Permits shall be suspended or revoked for good cause, in accordance with Section 161.053(19), F.S. In addition, a permit shall be suspended, revoked or modified by the Department if shoreline changes occurring subsequent to issuance of the permit render the previously authorized activities inconsistent with Chapter 161, F.S., or Chapter 62B-34, F.A.C.

(8) The assessment of civil fines or issuance of an order to alter or remove any work, or both, may result from work performed that was not authorized in the permit, pursuant to Section 161.054, F.S., and Chapter 62B-54, F.A.C.

(9) The permittee shall conduct the construction or activity authorized under the permit using extreme care to prevent any adverse impacts to the beach and dune system, marine turtles and their nests and nesting habitat, and adjacent properties and structures.

(10) The permittee shall allow any duly authorized member of the staff to enter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department.

(11) The state of Florida, the Department, or its officers and employees shall in no way be liable for any damage, no matter how occasioned and no matter what the amount, to persons or property which might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damage.

(12) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in Part II of this rule chapter. Before the project is considered complete, any disturbed topography or vegetation shall be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune vegetation.

(13) No construction, operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure within marine turtle nesting habitat during marine turtle nesting season (May 1 through October 31 of each year for all counties except for Brevard, Indian River, St. Lucie, Martin, Palm Beach and Broward. Nesting season for these counties is the period from March 1 through October 31 of each year).

(14) All fill material placed seaward of the Coastal Construction Control Line shall meet the requirements of subsection 62B-33.005(7), F.A.C., and shall consist of sand that is similar to that already existing on the site in both coloration and grain size. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter, and shall be obtained from a source landward of the Coastal Construction Control Line.

(15) To ensure compliance with this rule, all topographic restoration and revegetation work is subject to the approval and acceptance by the Department staff.

(16) No temporary lighting of the construction area is authorized during the marine turtle-nesting season (May 1 through October 31 of each year for all counties except for Brevard, Indian River, St. Lucie, Martin, Palm Beach and Broward. Nesting season for these counties is the period from March 1 through October 31 of each year.).

(17) This permit is issued to a specified property owner and is not valid for any other person.

(18) This General Permit does not eliminate the necessity to obtain any required federal, state, local, and special district authorizations prior to the start of activity authorized by Part II of this rule chapter.

(19) Elevated walkovers that provide access to the beach shall meet the following design criteria:

(a) The decking of the walkover structure shall be elevated a sufficient distance above the existing vegetation to allow for sand build-up and clearance above the vegetation and not exceed 4 feet in width.

(b) The piles for the walkover structure shall not be greater that 4-inch by 4-inch posts and shall not be encased in concrete.

(c) The walkover shall extend at least up to the existing line of vegetation but not farther than 10 feet seaward of the vegetation.

(d) Where armoring exists and no vegetation line exists seaward of the armoring, the walkover shall extend a maximum of 5 feet seaward of the armoring.

(e) The optimum siting of the walkover structure shall be determined by the staff representative during the pre-construction conference to provide maximum protection to the existing dune topography and vegetation located on the site and to avoid interference with public beach access and nesting sea turtles.

(20) Sand fencing used in dune restoration projects shall be located no farther seaward than the toe of the restored dune and shall consist of either wooden slats wired together with space between the slats or woven fabric fencing. The fencing must contain a 40 percent to 60 percent open space to closed space ratio. Sand fencing shall be

a minimum of two feet to a maximum of four feet high. Sand fencing located seaward of the crest of the primary dune shall not be placed in a shore-parallel configuration and shall be designed and installed as follows: a maximum of 10-foot long spurs of sand fencing spaced at a minimum of seven feet on a diagonal alignment (facing the predominate wind direction) for the shore-parallel coverage of the subject property as shown in the diagram below. Fallen or derelict sand fencing shall be removed from the beach when replacing with new fencing.

(21) Final certification, by a a registered professional, shall be provided to the Department within 30 days following completion of the work on major structures or projects requiring a Sediment QA/QC Plan. Final certification, by an engineer licensed in the State of Florida, shall be provided to the Department within 30 days of completion of the work on armoring. This certification shall state that all locations and elevations specified by the permit have been verified, all major structures, including exterior lighting, are specifically constructed in accordance with Chapter 62B-34, F.A.C., other construction and activities authorized by the permit have been performed in compliance with the plans and project description approved as a part of the permit, and all conditions of the permit, or shall describe any deviations from the approved plans, project description or permit conditions, and any work not performed. Such certification shall not relieve the permittee of the provision contained in subsection 62B-34.050(6), F.A.C. The final certification shall be submitted using DEP Form 73-115B (Updated 7/05), entitled “Final Certification,” which is hereby incorporated by reference.

History

• Rulemaking Authority 161.053(18), (20), 161.054 FS. Law Implemented 161.052, 161.053(4), (18), (21) FS. History–New 3-27-03, Amended 11-21-05, 11-28-18.

Fla. Admin. Code R. 62B-34.055 Minor Structures

(1) Applicability. Minor structures shall qualify for a General Permit, subject to the criteria and conditions set forth in this chapter.

(2) Siting. The seaward limit of construction for minor structures allowed under this rule shall be as follows:

(a) Dune walkover structures, beach stairs, and flexible on-grade walkways required to provide beach access shall extend no more than 10 feet seaward of the vegetation line, the toe of the frontal dune, or coastal armoring, whichever is most seaward. Unroofed decks attached to and cantilevered no more than two feet from the walkover structure shall be located landward of the frontal dune crest or bluff, or coastal armoring, whichever is most landward. Single family residential dune walkover structures shall not exceed four feet in overall width and the support posts shall not be greater than four-inch wide posts. Multi-family development, commercial and public dune walkover structures shall not exceed six feet in overall width and the support posts shall not be greater than six-inch wide posts. Support posts shall not be encased in concrete nor installed into dune slopes that are steeper than approximately 30 degrees.

(b) Lifeguard stations shall be located as far landward as practicable and shall be allowed seaward of the vegetation line, the toe of the frontal dune, or coastal armoring, whichever is most seaward, provided that the following conditions are met: The structure is no larger than 144 square feet in floor area with support posts no larger than eight inches by eight inches that are not encased in concrete, the structure has three feet of vertical clearance beneath the lowest level platform and at least seven feet of horizontal clearance between the supports where they meet the beach, and the area below the platform is not enclosed.

(c) Single-level decks or similar unenclosed and unroofed, elevated, wooden, or other lightweight structures shall be sited a minimum distance of 30 feet landward of the frontal dune crest or bluff or coastal armoring, whichever is most landward, and shall not exceed 144 square feet in floor area. The support posts shall not be greater than six-inch wide posts. Support posts shall not be encased in concrete nor installed into dune slopes that are steeper than approximately 30 degrees.

(d) The following minor structures shall be sited either landward of a major road or no farther than 20 feet seaward of the General Permit Line: viewing platforms, gazebos, boardwalks, sidewalks, single-family dwelling driveways, equipment pads, privacy fences and other frangible walls no more than six feet in height, other ornamental construction, and unroofed wooden or other lightweight decks attached to existing buildings. Support posts for viewing platforms, gazebos, boardwalks, fences, frangible walls, and similar structures shall not be greater than six-inches in diameter and shall not be encased in concrete. Detached platforms, gazebos, decks, and similar structures not sited landward of a major road shall not be greater than 400 square feet. Attached platforms, gazebos, decks, and similar structures not sited landward of a major road shall not be greater than 600 square feet. Concrete footers for structures not sited landward of a major road shall be designed to fail in segments no longer than 5 feet. Concrete pads, sidewalks, driveways, and similar structures not sited landward of a major road shall be designed to fail in segments no greater than 25 square feet.

(e) Except for the minor structures described in paragraphs 62B-34.055(2)(a) through (d), F.A.C., minor structures shall be sited no farther seaward than the General Permit line, major road, second line of construction, or the seaward limits allowed under Rule 62B-34.080, F.A.C.

(3) Prohibitions and Limitations. Minor structures authorized by this General Permit shall be subject to the following prohibitions and limitations:

(a) Construction activities and structures shall not:

1. Interfere with public access as defined in Section 161.021(1), F.S.

2. Direct storm water discharges onto the beach or into dunes.

3. Result in net excavation of sandy material on the site. Only minor temporary excavation, including that required for the installation of foundations, shall be allowed, provided such excavation does not result in the lowering of the average existing grade elevation in the immediate project area.

4. Result in more than two feet of vertical fill placement.

5. Result in more than 200 cubic yards of fill placement.

(b) No work constructed under this General Permit may be part of a phased development or combined with other general permits or exemptions where the combination of activities to be conducted exceed the thresholds in this chapter.

(c) Unless the structure is constructed landward of the General Permit Line, a major road, or second line of construction, no construction, alteration, operation, maintenance, removal, or abandonment of any new structure under this General Permit, by itself or in combination with any other activity conducted pursuant to this chapter and Chapter 62B-33, F.A.C., may cumulatively result in any of the following:

1. Damage to more than 600 square feet of dune vegetation; or

2. A total of more than 1,000 square feet of impervious and semi-impervious surface areas.

(d) No walls are allowed in the shore-parallel direction.

(4) All lighting associated with minor structures shall follow the standards set forth in the Department of Environmental Protection Marine Turtle Lighting Standards under subsection 62B-34.070(4), F.A.C.

(5) All planting and vegetation removal activities associated with the construction of a minor structure pursuant to this General Permit shall follow the standards set forth in the Coastal Construction Control Line Planting Standards under subsection 62B-34.070(5), F.A.C.

(6) The General Permit for minor structures are valid for one year from date of issuance. No time extensions are available for this permit.

PART II GENERAL PERMITS

History

• Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(2), (4), (18) FS. History–New 11-28-18.

Fla. Admin. Code R. 62B-34.060 Non-Habitable Major Structures Including Swimming Pools at Single-Family Dwellings

(1) Applicability. The following activities shall qualify for a General Permit subject to the criteria and conditions set forth in this rule:

(a) New construction of non-habitable major structures including a swimming pool associated with a single-family dwelling.

(b) Additions to an existing non-habitable major structure.

(c) Repair or rebuilding of an existing non-habitable major structure.

(2) Seaward Limit of Construction. Activities in paragraphs 62B-34.060(1)(a) through (c), F.A.C., shall be sited landward of the 30-year erosion projection as determined in accordance with the methodology established in Rule 62B-33.024, F.A.C., and landward of any of the following:

(a) The General Permit Line shall establish the seaward limit of construction if the line is defined in Part III of this chapter, or

(b) The proposed construction activities shall be sited landward of a major road or the second line of construction, or

(c) The proposed construction activities shall be sited landward of the seaward limits of construction allowed under paragraphs 62B-34.080(2)(a) through (d), F.A.C.

(3) Prohibitions and Limitations. Activities in paragraphs 62B-34.060(1)(a) through (c), F.A.C., shall be subject to the following prohibitions and limitations:

(a) New, rebuilt, or additions to existing garages and swimming pools associated with multifamily dwellings are not eligible for this General Permit.

(b) Excavation shall be limited to the installation of, or repairs to, subgrade residential service utilities (e.g., water and sewer lines, septic tanks and drainfields, gas lines, and electrical, cable television and telephone cables). Minor and temporary excavation shall be allowed under this General Permit that would not result in the lowering of existing general ground elevations. This does not preclude temporary excavation for the installation of foundations.

(c) The total volume of fill material shall not exceed 700 cubic yards.

(d) Swimming pools shall be elevated either fully above the existing grade or the bottom of the pool shall be no more than two feet below existing grade to minimize excavation.

1. There shall be no net excavation of sandy soils in the immediate vicnity of the pool. All excavated sandy soils shall remain seaward of the control line underneath the pool deck and within the immediate area of the pool.

2. Fill below pool decks shall be placed on a stable angle of repose to avoid the need for retaining walls.

(e) All structures authorized under this General Permit that are sited in accordance with paragraph 62B-34.060(2)(c), F.A.C., shall comply with the size limitations set forth in subsection 62B-34.080(3), F.A.C.

(f) All work authorized under this General Permit shall comply with the turtle protection requirements of subsection 62B-34.070(4), F.A.C.

(g) All landscape work authorized under this General Permit shall comply with the native vegetation protection requirements of subsection 62B-34.070(5), F.A.C.

(4) The General Permit shall be valid for two years from date of issuance. No time extension is available for this permit.

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.052, 161.053(4), (18), (21) FS. History–New 3-27-03, Amended 11-21-05, 4-7-10, 11-28-18.

Fla. Admin. Code R. 62B-34.070 Single Family Dwellings

(1) Applicability. The following activities qualify for a General Permit, subject to the criteria and conditions set forth in Chapter 62B-34, F.A.C.:

(a) New construction of a single-family dwelling.

(b) Rebuilding, as defined by Rule 62B-33.002, F.A.C., of a single family dwelling.

(c) Additions to an existing single family dwelling in the landward or shore-parallel direction, provided the additions do not cause the footprint area and shore-parallel coverage of the combined existing structure and additions to exceed those dimensional limitations set forth in subsection 62B-34.080(3), F.A.C.

(d) Additions to an existing single family dwelling in the seaward direction, provided:

1. The seaward most part of the addition shall be sited at or landward of the seaward limit of construction established by subsection 62B-34.070(2), F.A.C.; and,

2. The additions do not cause the footprint area and shore-parallel coverage of the combined existing structure and additions to exceed those dimensional limitations set forth in this rule subsections 62B-34.070(3) and 62B-34.080(3), F.A.C.

(2) Seaward Limit of Construction. Activities in paragraphs 62B-34.070(1)(a) through (d), F.A.C., shall be sited landward of the 30-year erosion projection as determined in accordance with the methodology established in the Rule 62B-33.024, F.A.C., and landward of any of the following:

(a) The General Permit Line shall establish the seaward limit of construction if the line is defined in Part III of this chapter, or

(b) The proposed construction activities shall be sited landward of a major road or the second line of construction, or

(c) The proposed construction activities shall be sited landward of the seaward limits of construction allowed under paragraphs 62B-34.080(2)(a) through (d), F.A.C.

(3) Prohibitions and Limitations. Activities in paragraphs 62B-34.070(1)(a) through (d), F.A.C., shall be subject to the following prohibitions and limitations:

(a) Excavation shall be limited to the installation of or repairs to subgrade residential service utilities (e.g., water and sewer lines, septic tanks and drainfields, gas and electrical lines, cable television and telephone cables). Minor and temporary excavation shall be allowed that does not result in the lowering of existing general ground elevations. This does not preclude temporary excavation for the installation of foundations.

(b) The total volume of fill material shall not exceed 700 cubic yards.

(c) All structures authorized under this General Permit that are sited in accordance with paragraph 62B-34.070(2)(c), F.A.C., shall comply with the size limitations set forth in subsection 62B-34.080(3), F.A.C.

(4) Turtle Protection Requirements. All work authorized by this General Permit shall meet the following turtle protection requirements:

(a) All non-opaque walls, balcony railings, deck railings, windows and doors on the seaward and shore-perpendicular sides of any new dwellings or additions shall be tinted to a transmittance value (light transmission from inside to outside) of 45 percent or less through the use of tinted glass or window film or screens.

(b) The following types of lighting are authorized under this General Permit. Any departure or deviation from these lighting requirements shall constitute a violation of this General Permit. All exterior lights shall be recessed or otherwise designed and located so as not to be directly or indirectly visible from the beach. All exterior lights shall be lamped with a long wavelength light source greater than 560 nanometers and absent short wavelengths below 560 nanometers such as red or amber LED with a maximum output of 480 lumens each.

1. Lights at ingress/egress shall be wall mounted cylinder down-light fixtures or louvered wall lights that adhere to the following standards:

a. Cylinder down-light fixtures shall be equipped with interior black baffles, shall be mounted at a maximum height of eight feet above the floor and shall be limited to the ground and first habitable floor levels.

b. Louvered wall lights shall be mounted 12 inches or less above the adjacent floor or deck, shall be equipped with downward directed louvers that completely hide the light source, and shall be limited to no more than one fixture per egress.

2. Underhouse lights for unenclosed or partially enclosed parking and building access areas shall be limited to no more than one fixture per 100 square feet of parking or building access area and consist of either:

a. Cylinder downlight fixtures equipped with interior black baffles, and mounted either with a wall mount on piles or walls or a surface mount to the ceiling, or

b. Recessed ceiling fixtures with black baffles and hex cell louvers.

3. Landscape and pathway lights shall be low profile, full cut-off type fixtures, shall extend no more than 12 inches above the ground, shall extend no farther seaward than the house, and shall be limited to one fixture per 8 feet of path length or 1 fixture per 100 square feet of ground area.

(c) No lights shall be permitted on dune walkovers or elevated walkovers to the beach.

(d) All pool lighting shall utilize amber or red LED lamps.

(e) No additional lighting shall be authorized.

(f) No temporary lighting of the construction area is authorized at any time during the marine turtle-nesting season.

(5) Native Vegetation Protection Requirements. All work authorized by this General Permit shall meet the following native vegetation protection requirements:

(a) The applicant shall install landscape plants in a way that minimizes impacts to existing native salt-tolerant vegetation.

(b) Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the same species or with other native salt-tolerant vegetation suitable for beach and dune stabilization.

(c) All plants installed in beach and coastal areas used to replace vegetation displaced, damaged, or destroyed during construction or otherwise shall be of species native to Florida beaches and dunes in that part of the state, such as sea oats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine.

(d) Except where situated landward of a major road or within the limits of the second line of construction, landscaping activities shall be limited to 10 feet seaward of the authorized structure. No landscaping activity or other removal of native vegetation shall occur seaward of this point under this rule.

(e) Planting of invasive nuisance plants, such as listed in the Florida Exotic Pest Plant Council’s 2007 List of Invasive Plant Species (published Fall 2007), shall not occur if the planting will result in removal or destruction of existing dune-stabilizing native vegetation or if the planting is to occur on or seaward of the dune system. The 2007 List of Invasive Plant Species (published Fall 2007) is incorporated by reference. Copies of this document may be obtained by writing to the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

(6) The General Permit for single-family dwellings shall be valid for two years from date of issuance. No time extension is available for this permit.

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.052, 161.053(4), (18), (21) FS. History–New 3-27-03, Amended 11-21-05, 4-7-10, 10-4-18.

Fla. Admin. Code R. 62B-34.080 Siting Criteria for Non-Habitable Major Structures, Swimming Pools and Single-Family Dwellings Independent of a General Permit Line, or Second Line of Construction or Major Road

(1) Applicability. The activities described in subsections 62B-34.060(1) and 62B-34.070(1), F.A.C., qualify for a General Permit, subject to the criteria and conditions set forth in this Chapter. In addition to the criteria below, proposed structures and activities shall meet all other applicable provisions of Chapter 62B-34, F.A.C.

(2) The seaward limit of construction activities allowed under this section shall be determined by satisfying all of the following criteria:

(a) The proposed structures shall remain landward of the first line of construction.

(b) The proposed structures shall remain landward of the 30-year erosion projection as determined in accordance with the methodology established in the Rule 62B-33.024, F.A.C.

(c) If there is no armoring on the parcel where the structure is proposed, the seaward limits of construction shall be:

1. A minimum of 25 feet landward of the primary dune feature.

2. A minimum of 50 feet landward of the top of the bluff, with a bluff height greater than 15 feet.

3. A minimum of 100 feet landward of the vegetation line, where the profile does not have certified armoring, a primary dune, or a bluff greater than 15 feet high.

4. A minimum of 250 feet landward of the Erosion Control Line or a minimum of 250 feet landward of the Mean High Water Line, whichever is more landward, where conditions contained in subparagraphs 62B-34.080(2)(c)1. through 3., F.A.C., do not exist.

(d) If there is armoring on the parcel where the structure is proposed:

1. The proposed structures shall be sited landward of any existing tie-back or anchoring system of the armoring, or a sufficient distance landward of the armoring to allow for future maintenance or repair of the armoring structure, whichever is more landward, if the armoring is certified by an engineer licensed in the State of Florida or where the Department determines to provide protective value from a 15-year or greater return interval storm event; or

2. The proposed structures shall be sited to meet the criteria specified under subparagraphs 62B-34.080(2)(c)1. through 4., F.A.C., if the armoring does not provide protective value from a 15-year or greater return interval storm event.

(3) The total dimensions and coverage of structures sited using the siting criteria of this section shall be limited to the following:

(a) New structures and the combined dimensions of other major structures and decks shall be limited to:

1. A total footprint area of 6,300 square feet, and

2. A total shore-parallel coverage of 65 percent of the shore-parallel dimension of the parcel, measured at the maximum shore-parallel coverage of the construction authorized under this General Permit.

(b) Rebuilt structures and the combined dimensions of other major structures and decks shall be limited to:

1. A total footprint area less than or equal to the existing footprint area, or a total footprint area of 6,300 square feet, and

2. A total shore-parallel coverage equal to or less than the existing coverage, or up to a total shore-parallel coverage of 65 percent of the shore-parallel dimension of the parcel, measured at the seaward limit of the construction authorized under this General Permit.

(c) Additions to existing structures shall not exceed the limitations set forth in paragraph 62B-34.080(3)(a), F.A.C.

(d) New construction of decks associated with new or existing single-family dwellings shall be limited by this General Permit to a total area of 1,500 square feet.

(4) Other prohibitions and limitations using siting criteria for activities listed under subsection 62B-34.060(1), F.A.C., are set forth in paragraphs 62B-34.060(3)(a) through (g), F.A.C.

(5) Other prohibitions and limitations using the siting criteria for activities listed under subsection 62B-34.070(1), F.A.C., are set forth in subsections 62B-34.070(3), (4), and (5), F.A.C.

History

• Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(2), (4), (18) FS. History–New 11-28-18.

Fla. Admin. Code R. 62B-34.085 Minor Reconstruction of Existing Coastal Armoring Structures

(1) Applicability. Minor reconstruction of existing coastal armoring structures qualifies for a General Permit subject to the criteria and conditions set forth in this chapter.

(2) Minor reconstruction shall be limited to the repair of an existing functional, and intact armoring structure which is necessary to maintain the structural and functional integrity of the structure as originally constructed and includes the following:

(a) The repair or replacement of caps.

(b) The repair or replacement of anchoring systems landward of the armoring.

(c) The repair or replacement of return walls.

(d) The repair or replacement of individual sheet piles, walers, posts, and planks.

(e) The replacement of individual armor or chink stones over sloping rock revetments.

(f) The placement of sand landward of existing armoring meeting the requirements of Chapter 62B-33, F.A.C.

(3) Prohibitions and Limitations. Activities in paragraphs 62B-34.085(2)(a) through (e), F.A.C., shall be subject to the following prohibitions and limitations:

(a) The minor reconstruction shall not result in a seaward advancement or increase the level of protection of the existing armoring as originally constructed.

(b) Cap repairs and replacement shall not result in an increase of the elevation of the top of the structure as originally constructed.

(c) The minor reconstruction shall not result in net excavation of sandy material on the site.

(d) The unit weight of armor stone placed on rock revetments shall be no less than 135 pounds per cubic foot.

(e) The minor reconstruction of a rock revetment shall not result in an increase of the footprint of the revetment as originally constructed. Scattered or dislodged rocks shall be removed or restacked within the footprint of the existing structure. The seaward slope shall be no steeper than 1V:2H, and the crest elevation shall not be increased over the original construction.

(4) The General Permit for minor reconstruction of existing armoring shall be valid for one year from date of issuance. No time extensions are available for this permit.

History

• Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(2), (4), (18) FS. History–New 10-4-18.

Fla. Admin. Code R. 62B-34.090 Dune Restoration

(1) Applicability. The following dune restoration activities qualify for a General Permit subject to the criteria and conditions set forth in this rule:

(a) Placement of sand on an eroded or damaged dune or dune bluff;

(b) Planting native vegetation on the dune; and

(c) Installation of sand fencing.

(2) Siting. The seaward limit of dune restoration activities shall be as follows:

(a) Dune restoration shall be aligned with the seaward limits of the dune system present within the immediate project vicinity.

(b) If there is no dune system, then the dune restoration shall be landward of the vegetation line in the project vicinity.

(c) If conditions (a) and (b), above, do not exist or cannot be met, an individual permit is required under Chapter 62B-33, F.A.C.

(3) Prohibitions and Limitations. Activities in paragraphs 62B-34.090(1)(a) through (c), F.A.C., shall be subject to the following prohibitions and limitations:

(a) Dune restoration shall be limited to the one-time placement of sand and shall not be part of a larger restoration plan seaward of the Coastal Construction Control Line that requires authorization under Chapter 62B-33, F.A.C.

(b) Proposed sand shall be similar to the existing or native sand on the beach and dune system and shall meet the criteria specified in Chapter 62B-33, F.A.C.

(c) Proposed sand shall be obtained from a source landward of the Coastal Construction Control Line.

(d) No excavation is authorized seaward of the Coastal Construction Control Line.

(e) The fill quantity shall not exceed seven cubic yards per linear foot. Total fill quantity is limited to no more than 700 cubic yards.

(f) Dune height shall not exceed the approximate crest elevation of the existing or pre-damaged dune system in the immediate area.

(g) The seaward slope of a restored frontal dune shall not be steeper than three horizontal feet to one vertical foot.

(h) This General Permit does not authorize the creation of new beach access points. The construction site must be accessed through an established beach access point or through an approved upland property, taking special care to avoid damaging vegetated areas seaward of the Coastal Construction Control Line. Construction shall not obstruct or interfere with any existing public beach access.

(i) Planting under this General Permit shall consist of a minimum of three species of salt tolerant beach dune vegetation native to the plant communities of the area. Plantings must comply with the requirements in subsection 62B-34.070(5), F.A.C.

(j) Sand fencing that exceeds 500 feet in length in the shore-parallel direction is not allowed under this General Permit.

(k) Sand fencing on sandy beaches in Brevard County through Monroe County (Southeast Coast) and Manatee County through Collier County (Southwest Coast) is not allowed under this General Permit.

(l) Dune restoration activities as set forth in Chapter 62B-56, F.A.C, are not allowed under this General Permit.

(4) The General Permit for dune restoration shall be valid for one year from date of issuance. No time extension is available for this permit.

History

• Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(2), (4), (6), (18) FS. History–New 11-28-18.

Fla. Admin. Code R. 62B-34.100 Nassau County

The legal description for the Nassau County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded April 6, 1983 in the “Setback Line Book,” pages 10 through 16, of the Public Records of Nassau County, Florida, said General Permit Line being more particularly described as follows:

COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (P.R.M.) 74-81-A06 AND RUN THENCE S 77 DEG. 40 MIN. 40 SEC. E A DISTANCE OF 533.381 FEET TO A POINT LOCATED ON THE ABOVE REFERENCED CCCL; THENCE ALONG SAID CCCL S 06 DEG. 00 MIN. 55 SEC. W A DISTANCE OF 746.37 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, THENCE LEAVING SAID CCCL RUN:

THENCE S 83 DEG. 59 MIN. 05 SEC. E A DISTANCE OF 56.55 FEET TO A POINT,

THENCE S 04 DEG. 58 MIN. 11 SEC. W A DISTANCE OF 207.78 FEET TO A POINT,

THENCE S 01 DEG. 11 MIN. 16 SEC. W A DISTANCE OF 1,061.23 FEET TO A POINT,

THENCE S 01 DEG. 35 MIN. 18 SEC. E A DISTANCE OF 577.22 FEET TO A POINT,

THENCE S 21 DEG. 10 MIN. 53 SEC. E A DISTANCE OF 171.59 FEET TO A POINT,

THENCE S 05 DEG. 54 MIN. 39 SEC. W A DISTANCE OF 1,252.66 FEET TO A POINT,

THENCE S 06 DEG. 37 MIN. 04 SEC. W A DISTANCE OF 980.53 FEET TO A POINT,

THENCE S 06 DEG. 57 MIN. 29 SEC. W A DISTANCE OF 808.96 FEET TO A POINT,

THENCE S 07 DEG. 23 MIN. 06 SEC. W A DISTANCE OF 956.94 FEET TO A POINT,

THENCE S 06 DEG. 51 MIN. 39 SEC. W A DISTANCE OF 887.35 FEET TO A POINT,

THENCE S 07 DEG. 54 MIN. 31 SEC. W A DISTANCE OF 1,061.09 FEET TO A POINT,

THENCE S 08 DEG. 42 MIN. 12 SEC. W A DISTANCE OF 1,017.72 FEET TO A POINT,

THENCE S 08 DEG. 51 MIN. 44 SEC. W A DISTANCE OF 863.31 FEET TO A POINT,

THENCE S 06 DEG. 43 MIN. 27 SEC. W A DISTANCE OF 939.46 FEET TO A POINT,

THENCE S 10 DEG. 13 MIN. 12 SEC. W A DISTANCE OF 907.40 FEET TO A POINT,

THENCE S 09 DEG. 37 MIN. 39 SEC. W A DISTANCE OF 855.04 FEET TO A POINT,

THENCE S 09 DEG. 33 MIN. 36 SEC. W A DISTANCE OF 385.35 FEET TO A POINT,

THENCE S 09 DEG. 19 MIN. 38 SEC. W A DISTANCE OF 906.99 FEET TO A POINT,

THENCE S 06 DEG. 37 MIN. 03 SEC. W A DISTANCE OF 616.10 FEET TO A POINT,

THENCE S 05 DEG. 30 MIN. 20 SEC. W A DISTANCE OF 166.77 FEET TO A POINT,

THENCE S 11 DEG. 07 MIN. 29 SEC. W A DISTANCE OF 1,031.38 FEET TO A POINT,

THENCE S 10 DEG. 24 MIN. 19 SEC. W A DISTANCE OF 968.93 FEET TO A POINT,

THENCE S 11 DEG. 04 MIN. 18 SEC. W A DISTANCE OF 895.67 FEET TO A POINT,

THENCE S 10 DEG. 57 MIN. 15 SEC. W A DISTANCE OF 694.66 FEET TO A POINT,

THENCE N 79 DEG. 46 MIN. 23 SEC. W A DISTANCE OF 52.24 FEET TO A POINT,

SAID POINT BEING LOCATED ON THE AFOREMENTIONED CCCL AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE.

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21), 161.054 FS. History–New 11-21-05.

Fla. Admin. Code R. 62B-34.110 Duval County

The legal description for the Duval County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded July 23, 1992 in “Map Book C,” pages 72 through 72H, of the Public Records of Duval County, Florida, said General Permit Line being more particularly described as follows:

COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 72-81-A15 AND RUN THENCE S 79 DEG. 00 MIN. 56 SEC. E A DISTANCE OF 321.68 FEET TO A POINT ON THE CCCL; THENCE ALONG SAID CCCL S 02 DEG. 03 MIN. 26 SEC. E A DISTANCE OF 975.99 FEET TO A POINT; THENCE S 01 DEG. 48 MIN. 53 SEC. E A DISTANCE OF 885.54 FEET TO A POINT; THENCE S 04 DEG. 20 MIN. 21 SEC. E A DISTANCE OF 794.20 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID CCCL RUN:

THENCE N 85 DEG. 39 MIN. 37 SEC. E A DISTANCE OF 33.00 FEET TO A POINT;

THENCE S 08 DEG. 33 MIN. 48 SEC. E A DISTANCE OF 261.92 FEET TO A POINT;

THENCE S 03 DEG. 18 MIN. 31 SEC. E A DISTANCE OF 814.36 FEET TO A POINT;

THENCE S 05 DEG. 43 MIN. 41 SEC. E A DISTANCE OF 971.85 FEET TO A POINT;

THENCE S 04 DEG. 51 MIN. 24 SEC. E A DISTANCE OF 921.31 FEET TO A POINT;

THENCE S 05 DEG. 01 MIN. 43 SEC. E A DISTANCE OF 969.73 FEET TO A POINT;

THENCE S 06 DEG. 15 MIN. 49 SEC. E A DISTANCE OF 989.91 FEET TO A POINT;

THENCE S 05 DEG. 40 MIN. 39 SEC. E A DISTANCE OF 1,031.06 FEET TO A POINT;

THENCE S 05 DEG. 02 MIN. 53 SEC. E A DISTANCE OF 920.57 FEET TO A POINT;

THENCE S 04 DEG. 42 MIN. 26 SEC. E A DISTANCE OF 926.12 FEET TO A POINT;

THENCE S 04 DEG. 26 MIN. 43 SEC. E A DISTANCE OF 941.83 FEET TO A POINT;

THENCE S 04 DEG. 53 MIN. 07 SEC. E A DISTANCE OF 1,056.84 FEET TO A POINT;

THENCE S 02 DEG. 49 MIN. 10 SEC. E A DISTANCE OF 935.13 FEET TO A POINT;

THENCE S 06 DEG. 38 MIN. 39 SEC. E A DISTANCE OF 916.15 FEET TO A POINT;

THENCE S 06 DEG. 29 MIN. 55 SEC. E A DISTANCE OF 918.90 FEET TO A POINT;

THENCE S 06 DEG. 40 MIN. 28 SEC. E A DISTANCE OF 946.41 FEET TO A POINT;

THENCE N 80 DEG. 54 MIN. 35 SEC. E A DISTANCE OF 25.32 FEET TO A POINT;

THENCE S 09 DEG. 23 MIN. 57 SEC. E A DISTANCE OF 894.00 FEET TO A POINT;

THENCE S 07 DEG. 42 MIN. 19 SEC. E A DISTANCE OF 991.96 FEET TO A POINT;

THENCE S 08 DEG. 23 MIN. 20 SEC. E A DISTANCE OF 939.05 FEET TO A POINT;

THENCE S 08 DEG. 24 MIN. 56 SEC. E A DISTANCE OF 908.78 FEET TO A POINT;

THENCE S 08 DEG. 12 MIN. 19 SEC. E A DISTANCE OF 1,079.05 FEET TO A POINT;

THENCE S 08 DEG. 33 MIN. 56 SEC. E A DISTANCE OF 892.96 FEET TO A POINT;

THENCE S 08 DEG. 19 MIN. 32 SEC. E A DISTANCE OF 994.48 FEET TO A POINT;

THENCE S 08 DEG. 32 MIN. 48 SEC. E A DISTANCE OF 894.94 FEET TO A POINT;

THENCE S 09 DEG. 30 MIN. 03 SEC. E A DISTANCE OF 981.46 FEET TO A POINT;

THENCE S 09 DEG. 31 MIN. 10 SEC. E A DISTANCE OF 991.66 FEET TO A POINT;

THENCE S 09 DEG. 32 MIN. 22 SEC. E A DISTANCE OF 977.52 FEET TO A POINT;

THENCE S 09 DEG. 37 MIN. 04 SEC. E A DISTANCE OF 969.63 FEET TO A POINT;

THENCE S 09 DEG. 41 MIN. 15 SEC. E A DISTANCE OF 1,045.91 FEET TO A POINT;

THENCE S 09 DEG. 53 MIN. 06 SEC. E A DISTANCE OF 1,025.22 FEET TO A POINT;

THENCE S 11 DEG. 06 MIN. 06 SEC. E A DISTANCE OF 971.17 FEET TO A POINT;

THENCE S 11 DEG. 05 MIN. 29 SEC. E A DISTANCE OF 925.28 FEET TO A POINT;

THENCE S 11 DEG. 37 MIN. 55 SEC. E A DISTANCE OF 1,011.78 FEET TO A POINT;

THENCE S 12 DEG. 07 MIN. 34 SEC. E A DISTANCE OF 894.97 FEET TO A POINT;

THENCE S 11 DEG. 01 MIN. 03 SEC. E A DISTANCE OF 999.42 FEET TO A POINT;

THENCE S 10 DEG. 58 MIN. 56 SEC. E A DISTANCE OF 1,028.84 FEET TO A POINT;

THENCE S 10 DEG. 46 MIN. 32 SEC. E A DISTANCE OF 925.32 FEET TO A POINT;

THENCE S 09 DEG. 34 MIN. 00 SEC. E A DISTANCE OF 270.77 FEET TO A POINT;

THENCE S 80 DEG. 32 MIN. 16 SEC. W A DISTANCE OF 24.33 FEET TO A POINT;

THENCE S 09 DEG. 32 MIN. 28 SEC. E A DISTANCE OF 597.26 FEET TO A POINT;

THENCE S 11 DEG. 05 MIN. 22 SEC. E A DISTANCE OF 1,019.03 FEET TO A POINT;

THENCE S 11 DEG. 03 MIN. 15 SEC. E TO A POINT LYING ON THE DUVAL- ST. JOHNS COUNTY LINE; THENCE RUN WESTERLY ALONG SAID DUVAL- ST. JOHNS COUNTY LINE TO A POINT LOCATED ON THE AFOREMENTIONED CCCL, SAID POINT BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE.

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21), 161.054 FS. History–New 11-21-05.

Fla. Admin. Code R. 62B-34.120 St. Johns County

The legal description for the St. Johns County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with section 161.053, F.S., and recorded January 28, 1988 in the “CCCL Book 13B,” pages 1 through 15, of the Public Records of St. Johns County, Florida, said General Permit Line being more particularly described as follows:

NORTH SEGMENT:

COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (P.R.M.) 78-79-A38 AND RUN THENCE S 23 DEG. 35 MIN. 12 SEC. E A DISTANCE OF 83.35 FEET TO A POINT LOCATED ON THE ABOVE REFERENCED CCCL; THENCE ALONG SAID CCCL RUN S 18 DEG. 35 MIN. 05 SEC. E A DISTANCE OF 1,086.59 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, THENCE LEAVING SAID CCCL RUN:

THENCE N 70 DEG. 39 MIN. 52 SEC. E A DISTANCE OF 36.41 FEET,

THENCE S 22 DEG. 32 MIN. 25 SEC. E A DISTANCE OF 1,118.48 FEET,

THENCE S 21 DEG. 49 MIN. 14 SEC. E A DISTANCE OF 1,113.80 FEET,

THENCE S 21 DEG. 13 MIN. 13 SEC. E A DISTANCE OF 1,080.25 FEET,

THENCE S 21 DEG. 12 MIN. 28 SEC. E A DISTANCE OF 1,111.26 FEET,

THENCE S 21 DEG. 05 MIN. 48 SEC. E A DISTANCE OF 347.28 FEET,

THENCE S 59 DEG. 04 MIN. 06 SEC. W TO THE MEAN HIGH WATER OF ST. AUGUSTINE INLET AND POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE.

SOUTH SEGMENT:

COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (P.R.M.) 78-86-A45A AND RUN THENCE N 40 DEG. 10 MIN. 19 SEC. W A DISTANCE OF 189.59 FEET TO A POINT LOCATED ON THE ABOVE REFERENCED CCCL; THENCE ALONG SAID CCCL RUN S 11 DEG. 41 MIN. 56 SEC. E A DISTANCE OF 184.02 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, THENCE LEAVING SAID CCCL RUN:

THENCE S 89 DEG. 54 MIN. 17 SEC. E A DISTANCE OF 458.75 FEET TO A POINT,

THENCE S 00 DEG. 05 MIN. 43 SEC. W A DISTANCE OF 1,802.00 FEET TO A POINT,

THENCE S 02 DEG. 13 MIN. 57 SEC. W A DISTANCE OF 1,026.78 FEET TO A POINT,

THENCE S 02 DEG. 00 MIN. 27 SEC. E A DISTANCE OF 1,027.63 FEET TO A POINT,

THENCE S 00 DEG. 55 MIN. 50 SEC. E A DISTANCE OF 985.13 FEET TO A POINT,

THENCE S 01 DEG. 10 MIN. 42 SEC. W A DISTANCE OF 1,021.22 FEET TO A POINT,

THENCE S 05 DEG. 57 MIN. 06 SEC. E A DISTANCE OF 993.35 FEET TO A POINT,

THENCE S 05 DEG. 13 MIN. 32 SEC. E A DISTANCE OF 1,018.64 FEET TO A POINT,

THENCE S 83 DEG. 43 MIN. 19 SEC. W A DISTANCE OF 91.14 FEET TO A POINT,

SAID POINT BEING LOCATED ON THE AFOREMENTIONED CCCL AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE.

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21), 161.054 FS. History–New 11-21-05.

Fla. Admin. Code R. 62B-34.130 Flagler County

The legal description for the Flagler County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded April 14, 1988 in the “CCCL Book 28,” pages 5 through 12, of the Public Records of Flagler County, Florida, said General Permit Line being more particularly described as follows:

COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (P.R.M.) 73-77-A18 AND RUN THENCE N 13 DEG. 13 MIN. 05 SEC. W A DISTANCE OF 573.32 FEET TO A POINT LOCATED ON THE ABOVE REFERENCED CCCL; THENCE ALONG SAID CCCL S 22 DEG. 28 MIN. 12 SEC. E A DISTANCE OF 992.17 FEET, THENCE S 22 DEG. 12 MIN. 35 SEC. E A DISTANCE OF 965.05 FEET TO A POINT, THENCE S 22 DEG. 05 MIN. 38 SEC. E A DISTANCE OF 944.54 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, THENCE LEAVING SAID CCCL RUN:

THENCE N 67 DEG. 37 MIN. 45 SEC. E A DISTANCE OF 95.27 FEET TO A POINT,

THENCE S 23 DEG. 01 MIN. 08 SEC. E A DISTANCE OF 1,009.27 FEET TO A POINT,

THENCE S 23 DEG. 42 MIN. 55 SEC. E A DISTANCE OF 917.48 FEET TO A POINT,

THENCE S 23 DEG. 16 MIN. 59 SEC. E A DISTANCE OF 890.52 FEET TO A POINT,

THENCE S 23 DEG. 50 MIN. 00 SEC. E A DISTANCE OF 450.41 FEET TO A POINT,

THENCE S 22 DEG. 24 MIN. 40 SEC. E A DISTANCE OF 802.62 FEET TO A POINT,

THENCE S 23 DEG. 55 MIN. 22 SEC. E A DISTANCE OF 1,028.34 FEET TO A POINT,

THENCE S 23 DEG. 52 MIN. 53 SEC. E A DISTANCE OF 859.59 FEET TO A POINT,

THENCE S 23 DEG. 12 MIN. 32 SEC. E A DISTANCE OF 725.73 FEET TO A POINT,

THENCE S 23 DEG. 14 MIN. 23 SEC. E A DISTANCE OF 1,094.83 FEET TO A POINT,

THENCE S 22 DEG. 55 MIN. 56 SEC. E A DISTANCE OF 1,101.02 FEET TO A POINT,

THENCE S 23 DEG. 45 MIN. 17 SEC. E A DISTANCE OF 784.46 FEET TO A POINT,

THENCE S 23 DEG. 52 MIN. 51 SEC. E A DISTANCE OF 926.30 FEET TO A POINT,

THENCE S 23 DEG. 39 MIN. 09 SEC. E A DISTANCE OF 994.55 FEET TO A POINT,

THENCE S 24 DEG. 26 MIN. 38 SEC. E A DISTANCE OF 882.06 FEET TO A POINT,

THENCE S 23 DEG. 11 MIN. 28 SEC. E A DISTANCE OF 1,003.05 FEET TO A POINT,

THENCE S 27 DEG. 26 MIN. 01 SEC. E A DISTANCE OF 944.18 FEET TO A POINT,

THENCE S 23 DEG. 39 MIN. 29 SEC. E A DISTANCE OF 917.07 FEET TO A POINT,

THENCE S 23 DEG. 13 MIN. 38 SEC. E A DISTANCE OF 1,052.29 FEET TO A POINT,

THENCE S 23 DEG. 09 MIN. 52 SEC. E A DISTANCE OF 882.12 FEET TO A POINT,

THENCE S 23 DEG. 03 MIN. 01 SEC. E A DISTANCE OF 1,065.03 FEET TO A POINT,

THENCE S 23 DEG. 12 MIN. 23 SEC. E A DISTANCE OF 961.82 FEET TO A POINT,

THENCE S 22 DEG. 08 MIN. 28 SEC. E A DISTANCE OF 939.26 FEET TO A POINT,

THENCE S 22 DEG. 15 MIN. 33 SEC. E A DISTANCE OF 953.02 FEET TO A POINT,

THENCE S 22 DEG. 46 MIN. 41 SEC. E A DISTANCE OF 947.93 FEET TO A POINT,

THENCE S 23 DEG. 36 MIN. 43 SEC. E A DISTANCE OF 946.22 FEET TO A POINT,

THENCE S 24 DEG. 12 MIN. 32 SEC. E A DISTANCE OF 968.14 FEET TO A POINT,

THENCE S 23 DEG. 17 MIN. 02 SEC. E A DISTANCE OF 968.91 FEET TO A POINT,

THENCE S 22 DEG. 50 MIN. 01 SEC. E A DISTANCE OF 968.93 FEET TO A POINT,

THENCE S 23 DEG. 02 MIN. 01 SEC. E A DISTANCE OF 958.41 FEET TO A POINT,

THENCE S 22 DEG. 59 MIN. 56 SEC. E A DISTANCE OF 941.87 FEET TO A POINT,

THENCE S 23 DEG. 08 MIN. 36 SEC. E A DISTANCE OF 951.58 FEET TO A POINT,

THENCE S 22 DEG. 38 MIN. 15 SEC. E A DISTANCE OF 1,005.46 FEET TO A POINT,

THENCE S 22 DEG. 26 MIN. 57 SEC. E A DISTANCE OF 903.47 FEET TO A POINT,

THENCE S 22 DEG. 09 MIN. 25 SEC. E A DISTANCE OF 1,047.34 FEET TO A POINT,

THENCE S 22 DEG. 33 MIN. 14 SEC. E A DISTANCE OF 735.23 FEET TO A POINT,

THENCE S 22 DEG. 38 MIN. 18 SEC. E A DISTANCE OF 953.46 FEET TO A POINT,

THENCE S 22 DEG. 10 MIN. 14 SEC. E A DISTANCE OF 951.34 FEET TO A POINT,

THENCE S 21 DEG. 47 MIN. 22 SEC. E A DISTANCE OF 886.32 FEET TO A POINT,

THENCE S 20 DEG. 59 MIN. 12 SEC. E A DISTANCE OF 809.71 FEET TO A POINT,

THENCE S 20 DEG. 54 MIN. 29 SEC. E A DISTANCE OF 952.73 FEET TO A POINT,

THENCE S 21 DEG. 14 MIN. 27 SEC. E A DISTANCE OF 930.19 FEET TO A POINT,

THENCE S 21 DEG. 21 MIN. 13 SEC. E A DISTANCE OF 950.23 FEET TO A POINT,

THENCE S 21 DEG. 18 MIN. 01 SEC. E A DISTANCE OF 955.25 FEET TO A POINT,

THENCE S 20 DEG. 31 MIN. 14 SEC. E A DISTANCE OF 947.10 FEET TO A POINT,

THENCE S 18 DEG. 39 MIN. 55 SEC. E A DISTANCE OF 943.63 FEET TO A POINT,

THENCE S 21 DEG. 36 MIN. 57 SEC. E A DISTANCE OF 860.52 FEET TO A POINT,

THENCE S 21 DEG. 05 MIN. 18 SEC. E A DISTANCE OF 969.96 FEET TO A POINT,

THENCE S 23 DEG. 47 MIN. 02 SEC. E A DISTANCE OF 976.97 FEET TO A POINT,

THENCE S 22 DEG. 26 MIN. 21 SEC. E A DISTANCE OF 951.00 FEET TO A POINT,

THENCE S 22 DEG. 02 MIN. 10 SEC. E A DISTANCE OF 951.51 FEET TO A POINT,

THENCE S 21 DEG. 45 MIN. 26 SEC. E TO THE INTERSECTION OF THE FLAGLER-VOLUSIA COUNTY LINE, THENCE RUN WESTERLY ALONG THE FLAGLER-VOLUSIA COUNTY LINE TO A POINT LOCATED ON THE CCCL, SAID POINT BEING THE TERMINUS POINT OF THE HEREIN DESCRIBED GENERAL PERMIT LINE.

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21), 161.054 FS. History–New 11-21-05.

Fla. Admin. Code R. 62B-34.140 Volusia County

The legal description for the Volusia County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded January 24, 1991 in “Map of Record CCCL Book 30,” page 20, of the Public Records of Volusia County, Florida, said General Permit Line being more particularly described as follows:

NORTH SEGMENT:

COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (P.R.M.) 79-78-A80-2 (1988) AND RUN THENCE N 26 DEG. 43 MIN. 16 SEC. W A DISTANCE OF 576.87 FEET TO A POINT LOCATED ON THE ABOVE REFERENCED CCCL; THENCE ALONG SAID CCCL RUN S 21 DEG. 53 MIN. 37 SEC. E A DISTANCE OF 961.17 FEET TO A POINT, THENCE S 21 DEG. 56 MIN. 48 SEC. E 950.59 FEET TO A POINT, THENCE S 21 DEG. 45 MIN. 20 SEC. E 98.90 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, THENCE LEAVING SAID CCCL RUN:

THENCE N 68 DEG. 14 MIN. 40 SEC. E A DISTANCE OF 78.47 FEET TO A POINT,

THENCE S 21 DEG. 42 MIN. 04 SEC. E A DISTANCE OF 839.96 FEET TO A POINT,

THENCE S 21 DEG. 37 MIN. 31 SEC. E A DISTANCE OF 419.48 FEET TO A POINT,

THENCE S 21 DEG. 58 MIN. 01 SEC. E A DISTANCE OF 549.35 FEET TO A POINT,

THENCE S 21 DEG. 58 MIN. 01 SEC. E A DISTANCE OF 941.58 FEET TO A POINT,

THENCE S 21 DEG. 58 MIN. 01 SEC. E A DISTANCE OF 960.61 FEET TO A POINT,

THENCE S 21 DEG. 58 MIN. 01 SEC. E A DISTANCE OF 909.85 FEET TO A POINT,

THENCE S 21 DEG. 58 MIN. 01 SEC. E A DISTANCE OF 920.99 FEET TO A POINT,

THENCE S 21 DEG. 58 MIN. 01 SEC. E A DISTANCE OF 942.00 FEET TO A POINT,

THENCE S 21 DEG. 58 MIN. 00 SEC. E A DISTANCE OF 963.61 FEET TO A POINT,

THENCE S 21 DEG. 58 MIN. 01 SEC. E A DISTANCE OF 166.86 FEET TO A POINT,

THENCE S 23 DEG. 14 MIN. 00 SEC. E A DISTANCE OF 812.59 FEET TO A POINT,

THENCE S 23 DEG. 14 MIN. 00 SEC. E A DISTANCE OF 936.66 FEET TO A POINT,

THENCE S 23 DEG. 14 MIN. 00 SEC. E A DISTANCE OF 944.05 FEET TO A POINT,

THENCE S 23 DEG. 14 MIN. 00 SEC. E A DISTANCE OF 946.33 FEET TO A POINT,

THENCE S 23 DEG. 14 MIN. 00 SEC. E A DISTANCE OF 402.53 FEET TO A POINT,

THENCE S 22 DEG. 39 MIN. 20 SEC. E A DISTANCE OF 547.96 FEET TO A POINT,

THENCE S 22 DEG. 39 MIN. 20 SEC. E A DISTANCE OF 903.15 FEET TO A POINT,

THENCE S 22 DEG. 39 MIN. 21 SEC. E A DISTANCE OF 970.78 FEET TO A POINT,

THENCE S 22 DEG. 39 MIN. 20 SEC. E A DISTANCE OF 942.66 FEET TO A POINT,

THENCE S 22 DEG. 39 MIN. 20 SEC. E A DISTANCE OF 945.69 FEET TO A POINT,

THENCE S 22 DEG. 39 MIN. 20 SEC. E A DISTANCE OF 958.45 FEET TO A POINT,

THENCE S 22 DEG. 39 MIN. 20 SEC. E A DISTANCE OF 931.19 FEET TO A POINT,

THENCE S 22 DEG. 39 MIN. 20 SEC. E A DISTANCE OF 947.79 FEET TO A POINT,

THENCE S 21 DEG. 56 MIN. 25 SEC. E A DISTANCE OF 929.63 FEET TO A POINT,

THENCE S 21 DEG. 52 MIN. 20 SEC. E A DISTANCE OF 959.19 FEET TO A POINT,

THENCE S 21 DEG. 52 MIN. 20 SEC. E A DISTANCE OF 941.86 FEET TO A POINT,

THENCE S 20 DEG. 02 MIN. 59 SEC. E A DISTANCE OF 941.64 FEET TO A POINT,

THENCE S 20 DEG. 43 MIN. 46 SEC. E A DISTANCE OF 940.04 FEET TO A POINT,

THENCE S 22 DEG. 40 MIN. 02 SEC. E A DISTANCE OF 1,002.45 FEET TO A POINT,

THENCE S 22 DEG. 30 MIN. 41 SEC. E A DISTANCE OF 899.90 FEET TO A POINT,

THENCE S 22 DEG. 23 MIN. 04 SEC. E A DISTANCE OF 953.86 FEET TO A POINT,

THENCE S 22 DEG. 10 MIN. 54 SEC. E A DISTANCE OF 642.78 FEET TO A POINT,

THENCE S 21 DEG. 57 MIN. 02 SEC. E A DISTANCE OF 1,075.84 FEET TO A POINT,

THENCE S 21 DEG. 39 MIN. 02 SEC. E A DISTANCE OF 424.06 FEET TO A POINT,

THENCE S 21 DEG. 33 MIN. 19 SEC. E A DISTANCE OF 608.32 FEET TO A POINT,

THENCE N 89 DEG. 37 MIN. 04 SEC. E A DISTANCE OF 41.36 FEET TO A POINT,

THENCE S 23 DEG. 02 MIN. 55 SEC. E A DISTANCE OF 989.50 FEET TO A POINT,

THENCE S 23 DEG. 02 MIN. 55 SEC. E A DISTANCE OF 461.26 FEET TO A POINT,

THENCE S 65 DEG. 56 MIN. 27 SEC. W A DISTANCE OF 24.00 FEET TO A POINT,

THENCE S 22 DEG. 56 MIN. 46 SEC. E A DISTANCE OF 520.28 FEET TO A POINT,

THENCE S 22 DEG. 54 MIN. 46 SEC. E A DISTANCE OF 547.65 FEET TO A POINT,

THENCE S 23 DEG. 18 MIN. 39 SEC. E A DISTANCE OF 408.14 FEET TO A POINT,

THENCE S 23 DEG. 05 MIN. 44 SEC. E A DISTANCE OF 544.65 FEET TO A POINT,

THENCE S 23 DEG. 06 MIN. 40 SEC. E A DISTANCE OF 371.94 FEET TO A POINT,

THENCE S 23 DEG. 05 MIN. 40 SEC. E A DISTANCE OF 610.37 FEET TO A POINT,

THENCE S 23 DEG. 28 MIN. 41 SEC. E A DISTANCE OF 368.18 FEET TO A POINT,

THENCE S 23 DEG. 16 MIN. 35 SEC. E A DISTANCE OF 928.85 FEET TO A POINT,

THENCE S 24 DEG. 30 MIN. 54 SEC. E A DISTANCE OF 585.09 FEET TO A POINT,

THENCE S 24 DEG. 09 MIN. 44 SEC. E A DISTANCE OF 417.32 FEET TO A POINT,

THENCE S 21 DEG. 47 MIN. 36 SEC. E A DISTANCE OF 653.48 FEET TO A POINT,

THENCE S 21 DEG. 56 MIN. 50 SEC. E A DISTANCE OF 376.86 FEET TO A POINT,

THENCE S 23 DEG. 33 MIN. 37 SEC. E A DISTANCE OF 438.93 FEET TO A POINT,

THENCE S 23 DEG. 26 MIN. 21 SEC. E A DISTANCE OF 373.49 FEET TO A POINT,

THENCE S 22 DEG. 35 MIN. 24 SEC. E A DISTANCE OF 560.94 FEET TO A POINT,

THENCE S 22 DEG. 37 MIN. 16 SEC. E A DISTANCE OF 390.13 FEET TO A POINT,

THENCE S 24 DEG. 08 MIN. 37 SEC. E A DISTANCE OF 846.61 FEET TO A POINT,

THENCE S 23 DEG. 45 MIN. 56 SEC. E A DISTANCE OF 1,105.66 FEET TO A POINT,

THENCE S 21 DEG. 16 MIN. 41 SEC. E A DISTANCE OF 886.24 FEET TO A POINT,

THENCE S 24 DEG. 07 MIN. 40 SEC. E A DISTANCE OF 889.60 FEET TO A POINT,

THENCE S 24 DEG. 13 MIN. 50 SEC. E A DISTANCE OF 1,062.39 FEET TO A POINT,

THENCE S 23 DEG. 39 MIN. 15 SEC. E A DISTANCE OF 942.65 FEET TO A POINT,

THENCE S 22 DEG. 47 MIN. 14 SEC. E A DISTANCE OF 944.73 FEET TO A POINT,

THENCE S 22 DEG. 52 MIN. 43 SEC. E A DISTANCE OF 958.14 FEET TO A POINT,

THENCE S 24 DEG. 05 MIN. 08 SEC. E A DISTANCE OF 1,066.79 FEET TO A POINT,

THENCE S 22 DEG. 53 MIN. 50 SEC. E A DISTANCE OF 881.56 FEET TO A POINT,

THENCE S 23 DEG. 35 MIN. 31 SEC. E A DISTANCE OF 957.77 FEET TO A POINT,

THENCE S 23 DEG. 51 MIN. 37 SEC. E A DISTANCE OF 951.41 FEET TO A POINT,

THENCE S 23 DEG. 09 MIN. 21 SEC. E A DISTANCE OF 849.06 FEET TO A POINT,

THENCE S 23 DEG. 33 MIN. 25 SEC. E A DISTANCE OF 550.71 FEET TO A POINT,

THENCE S 23 DEG. 22 MIN. 27 SEC. E A DISTANCE OF 402.42 FEET TO A POINT,

THENCE S 22 DEG. 49 MIN. 20 SEC. E A DISTANCE OF 1,023.96 FEET TO A POINT,

THENCE S 23 DEG. 33 MIN. 20 SEC. E A DISTANCE OF 913.89 FEET TO A POINT,

THENCE S 22 DEG. 58 MIN. 50 SEC. E A DISTANCE OF 913.65 FEET TO A POINT,

THENCE S 24 DEG. 32 MIN. 55 SEC. E A DISTANCE OF 71.53 FEET TO A POINT,

THENCE S 24 DEG. 30 MIN. 30 SEC. E A DISTANCE OF 759.45 FEET TO A POINT,

THENCE S 22 DEG. 58 MIN. 06 SEC. E A DISTANCE OF 1,121.56 FEET TO A POINT,

THENCE S 23 DEG. 07 MIN. 06 SEC. E A DISTANCE OF 941.66 FEET TO A POINT,

THENCE S 23 DEG. 25 MIN. 50 SEC. E A DISTANCE OF 1,000.01 FEET TO A POINT,

THENCE S 20 DEG. 46 MIN. 37 SEC. E A DISTANCE OF 1,015.25 FEET TO A POINT,

THENCE S 24 DEG. 38 MIN. 05 SEC. E A DISTANCE OF 1,002.64 FEET TO A POINT,

THENCE S 26 DEG. 36 MIN. 13 SEC. E A DISTANCE OF 231.15 FEET TO A POINT,

THENCE S 22 DEG. 30 MIN. 06 SEC. E A DISTANCE OF 732.70 FEET TO A POINT,

THENCE S 26 DEG. 27 MIN. 15 SEC. E A DISTANCE OF 939.76 FEET TO A POINT,

THENCE S 25 DEG. 02 MIN. 49 SEC. E A DISTANCE OF 1,208.95 FEET TO A POINT,

THENCE S 21 DEG. 38 MIN. 02 SEC. E A DISTANCE OF 762.29 FEET TO A POINT,

THENCE S 23 DEG. 49 MIN. 25 SEC. E A DISTANCE OF 859.53 FEET TO A POINT,

THENCE S 22 DEG. 12 MIN. 41 SEC. E A DISTANCE OF 840.08 FEET TO A POINT,

THENCE S 21 DEG. 26 MIN. 36 SEC. E A DISTANCE OF 912.37 FEET TO A POINT,

THENCE S 22 DEG. 05 MIN. 28 SEC. E A DISTANCE OF 1,046.16 FEET TO A POINT,

THENCE S 22 DEG. 50 MIN. 33 SEC. E A DISTANCE OF 968.86 FEET TO A POINT,

THENCE S 20 DEG. 48 MIN. 29 SEC. E A DISTANCE OF 843.61 FEET TO A POINT,

THENCE S 23 DEG. 27 MIN. 53 SEC. E A DISTANCE OF 950.17 FEET TO A POINT,

THENCE S 23 DEG. 16 MIN. 44 SEC. E A DISTANCE OF 787.67 FEET TO A POINT,

THENCE S 23 DEG. 31 MIN. 52 SEC. E A DISTANCE OF 905.59 FEET TO A POINT,

THENCE S 23 DEG. 50 MIN. 45 SEC. E A DISTANCE OF 1,014.88 FEET TO A POINT,

THENCE S 24 DEG. 43 MIN. 28 SEC. E A DISTANCE OF 977.67 FEET TO A POINT,

THENCE S 23 DEG. 55 MIN. 26 SEC. E A DISTANCE OF 959.55 FEET TO A POINT,

THENCE S 24 DEG. 56 MIN. 22 SEC. E A DISTANCE OF 892.74 FEET TO A POINT,

THENCE S 24 DEG. 37 MIN. 20 SEC. E A DISTANCE OF 1,005.94 FEET TO A POINT,

THENCE S 24 DEG. 36 MIN. 07 SEC. E A DISTANCE OF 929.64 FEET TO A POINT,

THENCE S 24 DEG. 02 MIN. 22 SEC. E A DISTANCE OF 940.79 FEET TO A POINT,

THENCE S 23 DEG. 45 MIN. 43 SEC. E A DISTANCE OF 847.73 FEET TO A POINT,

THENCE S 23 DEG. 28 MIN. 09 SEC. E A DISTANCE OF 1,099.63 FEET TO A POINT,

THENCE S 23 DEG. 02 MIN. 46 SEC. E A DISTANCE OF 932.78 FEET TO A POINT,

THENCE S 24 DEG. 39 MIN. 31 SEC. E A DISTANCE OF 648.40 FEET TO A POINT,

THENCE S 63 DEG. 44 MIN. 26 SEC. W A DISTANCE OF 44.27 FEET TO A POINT,

THENCE S 24 DEG. 34 MIN. 46 SEC. E A DISTANCE OF 410.63 FEET TO A POINT,

THENCE S 25 DEG. 16 MIN. 06 SEC. E A DISTANCE OF 966.86 FEET TO A POINT,

THENCE S 24 DEG. 21 MIN. 29 SEC. E A DISTANCE OF 996.09 FEET TO A POINT,

THENCE S 25 DEG. 06 MIN. 33 SEC. E A DISTANCE OF 231.32 FEET TO A POINT,

THENCE N 62 DEG. 17 MIN. 57 SEC. E A DISTANCE OF 79.48 FEET TO A POINT,

THENCE S 24 DEG. 09 MIN. 50 SEC. E A DISTANCE OF 722.11 FEET TO A POINT,

THENCE S 25 DEG. 48 MIN. 07 SEC. E A DISTANCE OF 966.19 FEET TO A POINT,

THENCE S 25 DEG. 09 MIN. 48 SEC. E A DISTANCE OF 993.55 FEET TO A POINT,

THENCE S 24 DEG. 32 MIN. 41 SEC. E A DISTANCE OF 1,037.42 FEET TO A POINT,

THENCE S 25 DEG. 56 MIN. 04 SEC. E A DISTANCE OF 841.94 FEET TO A POINT,

THENCE S 25 DEG. 14 MIN. 47 SEC. E A DISTANCE OF 899.62 FEET TO A POINT,

THENCE S 25 DEG. 24 MIN. 36 SEC. E A DISTANCE OF 936.80 FEET TO A POINT,

THENCE S 24 DEG. 38 MIN. 09 SEC. E A DISTANCE OF 963.79 FEET TO A POINT,

THENCE S 26 DEG. 03 MIN. 21 SEC. E A DISTANCE OF 1,426.34 FEET TO A POINT,

THENCE S 25 DEG. 43 MIN. 49 SEC. E A DISTANCE OF 593.13 FEET TO A POINT,

THENCE S 26 DEG. 02 MIN. 54 SEC. E A DISTANCE OF 886.66 FEET TO A POINT,

THENCE S 25 DEG. 12 MIN. 34 SEC. E A DISTANCE OF 1,030.27 FEET TO A POINT,

THENCE S 26 DEG. 37 MIN. 47 SEC. E A DISTANCE OF 805.38 FEET TO A POINT,

THENCE S 24 DEG. 57 MIN. 43 SEC. E A DISTANCE OF 1,092.17 FEET TO A POINT,

THENCE S 24 DEG. 08 MIN. 25 SEC. E A DISTANCE OF 848.60 FEET TO A POINT,

THENCE S 25 DEG. 51 MIN. 01 SEC. E A DISTANCE OF 923.68 FEET TO A POINT,

THENCE S 26 DEG. 34 MIN. 10 SEC. E A DISTANCE OF 886.07 FEET TO A POINT,

THENCE S 26 DEG. 57 MIN. 21 SEC. E A DISTANCE OF 1,039.29 FEET TO A POINT,

THENCE S 27 DEG. 20 MIN. 02 SEC. E A DISTANCE OF 995.02 FEET TO A POINT,

THENCE S 26 DEG. 32 MIN. 13 SEC. E A DISTANCE OF 957.04 FEET TO A POINT,

THENCE S 28 DEG. 06 MIN. 32 SEC. E A DISTANCE OF 920.78 FEET TO A POINT,

THENCE S 28 DEG. 35 MIN. 07 SEC. E A DISTANCE OF 963.46 FEET TO A POINT,

THENCE S 28 DEG. 18 MIN. 30 SEC. E A DISTANCE OF 946.63 FEET TO A POINT,

THENCE S 28 DEG. 27 MIN. 13 SEC. E A DISTANCE OF 955.71 FEET TO A POINT,

THENCE S 28 DEG. 30 MIN. 55 SEC. E A DISTANCE OF 51.24 FEET TO A POINT,

THENCE S 63 DEG. 26 MIN. 06 SEC. W A DISTANCE OF 77.82 FEET TO A POINT,

THENCE S 30 DEG. 04 MIN. 00 SEC. E A DISTANCE OF 1,082.48 FEET TO A POINT,

THENCE N 64 DEG. 34 MIN. 04 SEC. E A DISTANCE OF 62.07 FEET TO A POINT,

THENCE S 28 DEG. 08 MIN. 14 SEC. E A DISTANCE OF 841.08 FEET TO A POINT,

THENCE S 29 DEG. 01 MIN. 16 SEC. E A DISTANCE OF 929.71 FEET TO A POINT,

THENCE S 29 DEG. 49 MIN. 53 SEC. E A DISTANCE OF 956.45 FEET TO A POINT,

THENCE S 29 DEG. 43 MIN. 18 SEC. E A DISTANCE OF 937.83 FEET TO A POINT,

THENCE S 32 DEG. 19 MIN. 34 SEC. E A DISTANCE OF 950.37 FEET TO A POINT,

THENCE S 31 DEG. 28 MIN. 42 SEC. E A DISTANCE OF 956.36 FEET TO A POINT,

THENCE S 32 DEG. 45 MIN. 52 SEC. E A DISTANCE OF 913.76 FEET TO A POINT,

THENCE S 32 DEG. 29 MIN. 52 SEC. E A DISTANCE OF 922.28 FEET TO A POINT,

THENCE S 33 DEG. 43 MIN. 42 SEC. E A DISTANCE OF 807.79 FEET TO A POINT,

THENCE S 34 DEG. 08 MIN. 53 SEC. E A DISTANCE OF 935.91 FEET TO A POINT,

THENCE S 33 DEG. 18 MIN. 59 SEC. E A DISTANCE OF 1,027.84 FEET TO A POINT,

THENCE S 33 DEG. 50 MIN. 03 SEC. E A DISTANCE OF 840.32 FEET TO A POINT,

THENCE S 33 DEG. 45 MIN. 27 SEC. E A DISTANCE OF 1,002.43 FEET TO A POINT,

THENCE S 36 DEG. 43 MIN. 07 SEC. E A DISTANCE OF 878.70 FEET TO A POINT,

THENCE S 37 DEG. 44 MIN. 39 SEC. E A DISTANCE OF 970.41 FEET TO A POINT,

THENCE S 53 DEG. 54 MIN. 21 SEC. W A DISTANCE OF 86.10 FEET TO A POINT,

SAID POINT BEING LOCATED ON THE CCCL AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE (NORTH SEGMENT).

SOUTH SEGMENT

COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (P.R.M.) 79-78-A17 AND RUN THENCE N 29 DEG. 23 MIN. 07 SEC. E A DISTANCE OF 350.74 FEET TO A POINT LOCATED ON THE ABOVE REFERENCED CCCL; THENCE ALONG SAID CCCL RUN S 29 DEG. 19 MIN. 06 SEC. E A DISTANCE OF 1,102.33 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, THENCE LEAVING SAID CCCL RUN:

THENCE N 60 DEG. 24 MIN. 06 SEC. E A DISTANCE OF 70.18 FEET TO A POINT,

THENCE S 29 DEG. 17 MIN. 41 SEC. E A DISTANCE OF 697.93 FEET TO A POINT,

THENCE S 30 DEG. 31 MIN. 39 SEC. E A DISTANCE OF 900.14 FEET TO A POINT,

THENCE S 29 DEG. 13 MIN. 19 SEC. E A DISTANCE OF 980.44 FEET TO A POINT,

THENCE S 31 DEG. 08 MIN. 36 SEC. E A DISTANCE OF 962.78 FEET TO A POINT,

THENCE S 30 DEG. 57 MIN. 13 SEC. E A DISTANCE OF 889.94 FEET TO A POINT,

THENCE S 30 DEG. 26 MIN. 50 SEC. E A DISTANCE OF 990.55 FEET TO A POINT,

THENCE S 30 DEG. 02 MIN. 28 SEC. E A DISTANCE OF 536.50 FEET TO A POINT,

THENCE S 30 DEG. 03 MIN. 37 SEC. E A DISTANCE OF 1,281.75 FEET TO A POINT,

THENCE S 30 DEG. 49 MIN. 16 SEC. E A DISTANCE OF 944.31 FEET TO A POINT,

THENCE S 31 DEG. 37 MIN. 44 SEC. E A DISTANCE OF 979.80 FEET TO A POINT,

THENCE N 58 DEG. 20 MIN. 31 SEC. E A DISTANCE OF 14.15 FEET TO A POINT,

THENCE S 31 DEG. 51 MIN. 04 SEC. E A DISTANCE OF 777.37 FEET TO A POINT,

THENCE S 31 DEG. 30 MIN. 21 SEC. E A DISTANCE OF 993.30 FEET TO A POINT,

THENCE S 28 DEG. 36 MIN. 12 SEC. E A DISTANCE OF 934.82 FEET TO A POINT,

THENCE S 31 DEG. 45 MIN. 28 SEC. E A DISTANCE OF 946.20 FEET TO A POINT,

THENCE S 31 DEG. 44 MIN. 06 SEC. E A DISTANCE OF 942.61 FEET TO A POINT,

THENCE S 31 DEG. 19 MIN. 36 SEC. E A DISTANCE OF 998.47 FEET TO A POINT,

THENCE S 31 DEG. 20 MIN. 53 SEC. E A DISTANCE OF 976.11 FEET TO A POINT,

THENCE S 31 DEG. 02 MIN. 25 SEC. E A DISTANCE OF 956.83 FEET TO A POINT,

THENCE S 36 DEG. 20 MIN. 53 SEC. E A DISTANCE OF 351.60 FEET TO A POINT,

THENCE S 32 DEG. 12 MIN. 31 SEC. E A DISTANCE OF 668.77 FEET TO A POINT,

THENCE S 30 DEG. 29 MIN. 32 SEC. E A DISTANCE OF 847.84 FEET TO A POINT,

THENCE S 30 DEG. 29 MIN. 32 SEC. E A DISTANCE OF 957.18 FEET TO A POINT,

THENCE S 32 DEG. 48 MIN. 27 SEC. E A DISTANCE OF 948.09 FEET TO A POINT,

THENCE S 31 DEG. 35 MIN. 42 SEC. E A DISTANCE OF 959.47 FEET TO A POINT,

THENCE S 32 DEG. 25 MIN. 06 SEC. E A DISTANCE OF 772.17 FEET TO A POINT,

THENCE S 58 DEG. 43 MIN. 52 SEC. W A DISTANCE OF 118.89 FEET TO A POINT,

SAID POINT BEING LOCATED ON THE AFOREMENTIONED CCCL AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE (SOUTH SEGMENT).

PART III LEGAL DESCRIPTIONS OF GENERAL PERMIT LINE

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21), 161.054 FS. History–New 11-21-05.

Fla. Admin. Code R. 62B-34.150 Lee County

The legal description for the Lee County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded May 30, 1991 in “O.R. book 2224, Pages 10 through 1041” and in “Plat book 48, Pages 15 through 34” of the public records of Lee County, Florida, said General Permit Line being more particularly described as follows:

SEGMENT 1:COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT(PRM) 12-81-A11-2 1988 AND RUN THENCE N 26 DEG. 03 MIN. 00 SEC. W A DISTANCE OF 753.90 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 03 DEG. 20 MIN. 58 SEC. E A DISTANCE OF 1,289.28 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 85 DEG. 15 MIN. 20 SEC. W A DISTANCE OF 46.68 FEET TO A POINT, THENCE S 01 DEG. 51 MIN. 32 SEC. W A DISTANCE OF 230.87 FEET TO A POINT, THENCE S 07 DEG. 48 MIN. 09 SEC. E A DISTANCE OF 1,869.62 FEET TO A POINT, THENCE S 09 DEG. 37 MIN. 17 SEC. E A DISTANCE OF 789.82 FEET TO A POINT, THENCE S 00 DEG. 43 MIN. 17 SEC. E A DISTANCE OF 1,544.72 FEET TO A POINT, THENCE S 04 DEG. 13 MIN. 59 SEC. E A DISTANCE OF 446.38 FEET TO A POINT, THENCE S 00 DEG. 29 MIN. 02 SEC. E A DISTANCE OF 1,371.57 FEET TO A POINT, THENCE S 33 DEG. 44 MIN. 23 SEC. E A DISTANCE OF 244.52 FEET TO A POINT THENCE N 85 DEG. 00 MIN. 00 SEC. E A DISTANCE OF 98.89 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 1 (LEE COUNTY). SEGMENT 2: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 12-81-A49 AND RUN THENCE S 34 DEG. 10 MIN. 38 SEC. W A DISTANCE OF 657.57 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 87 DEG. 16 MIN. 30 SEC. W A DISTANCE OF 162.96 FEET TO A POINT, THENCE S 10 DEG. 49 MIN. 30 SEC. E A DISTANCE OF 928.30 FEET TO A POINT, THENCE S 10 DEG. 01 MIN. 02 SEC. E A DISTANCE OF 1,025.12 FEET TO A POINT, THENCE S 12 DEG. 14 MIN. 05 SEC. E A DISTANCE OF 907.85 FEET TO A POINT, THENCE S 11 DEG. 14 MIN. 00 SEC. E A DISTANCE OF 1,068.52 FEET TO A POINT, THENCE S 11 DEG. 52 MIN. 18 SEC. E A DISTANCE OF 916.62 FEET TO A POINT, THENCE S 10 DEG. 05 MIN. 06 SEC. E A DISTANCE OF 1,074.96 FEET TO A POINT, THENCE S 10 DEG. 51 MIN. 58 SEC. E A DISTANCE OF 1,294.71 FEET TO A POINT, THENCE S 88 DEG. 10 MIN. 24 SEC. E A DISTANCE OF 79.16 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 2 (LEE COUNTY). SEGMENT 3: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 12-81-A63 AND RUN THENCE N 61 DEG. 08 MIN. 53 SEC. E A DISTANCE OF 785.67 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 57 DEG. 45 MIN. 24 SEC. E A DISTANCE OF 1118.89 FEET TO A POINT, THENCE S 49 DEG. 16 MIN. 19 SEC. E A DISTANCE OF 552.97 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 34 DEG. 52 MIN. 07 SEC. W A DISTANCE OF 202.00 FEET TO A POINT, THENCE S 59 DEG. 22 MIN. 19 SEC. E A DISTANCE OF 472.48 FEET TO A POINT, THENCE S 54 DEG. 55 MIN. 29 SEC. E A DISTANCE OF 1,349.02 FEET TO A POINT, THENCE S 47 DEG. 31 MIN. 32 SEC. E A DISTANCE OF 1,044.08 FEET TO A POINT, THENCE S 44 DEG. 18 MIN. 39 SEC. E A DISTANCE OF 961.19 FEET TO A POINT, THENCE S 43 DEG. 36 MIN. 54 SEC. E A DISTANCE OF 699.87 FEET TO A POINT, THENCE S 45 DEG. 00 MIN. 00 SEC. W A DISTANCE OF 15.00 FEET TO A POINT, THENCE S 43 DEG. 36 MIN. 54 SEC. E A DISTANCE OF 669.70 FEET TO A POINT, THENCE S 42 DEG. 42 MIN. 25 SEC. E A DISTANCE OF 428.11 FEET TO A POINT, THENCE N 40 DEG. 00 MIN. 00 SEC. E A DISTANCE OF 15.12 FEET TO A POINT, THENCE S 42 DEG. 42 MIN. 25 SEC. E A DISTANCE OF 504.22 FEET TO A POINT, THENCE S 41 DEG. 11 MIN. 51 SEC. E A DISTANCE OF 1,155.85 FEET TO A POINT, THENCE S 41 DEG. 41 MIN. 17 SEC. E A DISTANCE OF 1,074.46 FEET TO A POINT, THENCE S 44 DEG. 49 MIN. 54 SEC. E A DISTANCE OF 920.56 FEET TO A POINT, THENCE S 47 DEG. 33 MIN. 48 SEC. E A DISTANCE OF 922.82 FEET TO A POINT, THENCE S 58 DEG. 43 MIN. 21 SEC. E A DISTANCE OF 997.04 FEET TO A POINT, THENCE S 62 DEG. 54 MIN. 06 SEC. E A DISTANCE OF 986.27 FEET TO A POINT, THENCE S 65 DEG. 32 MIN. 15 SEC. E A DISTANCE OF 883.15 FEET TO A POINT, THENCE S 64 DEG. 02 MIN. 27 SEC. E A DISTANCE OF 1,176.98 FEET TO A POINT, THENCE S 65 DEG. 12 MIN. 05 SEC. E A DISTANCE OF 854.14 FEET TO A POINT, THENCE S 67 DEG. 03 MIN. 10 SEC. E A DISTANCE OF 1094.91 FEET TO A POINT, THENCE S 67 DEG. 16 MIN. 01 SEC. E A DISTANCE OF 938.93 FEET TO A POINT, THENCE S 68 DEG. 38 MIN. 28 SEC. E A DISTANCE OF 978.72 FEET TO A POINT, THENCE S 68 DEG. 32 MIN. 42 SEC. E A DISTANCE OF 1,039.71 FEET TO A POINT, THENCE S 68 DEG. 13 MIN. 53 SEC. E A DISTANCE OF 1,007.18 FEET TO A POINT, THENCE S 67 DEG. 19 MIN. 12 SEC. E A DISTANCE OF 898.43 FEET TO A POINT, THENCE S 71 DEG. 29 MIN. 59 SEC. E A DISTANCE OF 987.57 FEET TO A POINT, THENCE S 71 DEG. 59 MIN. 02 SEC. E A DISTANCE OF 1,021.65 FEET TO A POINT, THENCE S 76 DEG. 16 MIN. 52 SEC. E A DISTANCE OF 1,046.82 FEET TO A POINT, THENCE S 76 DEG. 55 MIN. 57 SEC. E A DISTANCE OF 1,034.29 FEET TO A POINT, THENCE S 88 DEG. 19 MIN. 25 SEC. E A DISTANCE OF 967.57 FEET TO A POINT, THENCE S 88 DEG. 58 MIN. 11 SEC. E A DISTANCE OF 946.25 FEET TO A POINT, THENCE N 87 DEG. 41 MIN. 58 SEC. E A DISTANCE OF 1,094.52 FEET TO A POINT, THENCE N 85 DEG. 29 MIN. 03 SEC. E A DISTANCE OF 836.29 FEET TO A POINT, THENCE N 77 DEG. 02 MIN. 45 SEC. E A DISTANCE OF 1,128.01 FEET TO A POINT, THENCE N 71 DEG. 34 MIN. 15 SEC. E A DISTANCE OF 321.81 FEET TO A POINT, THENCE N 01 DEG. 53 MIN. 19 SEC. W A DISTANCE OF 178.04 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 3 (LEE COUNTY). SEGMENT 4: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 12-83-A13 AND RUN THENCE N 81 DEG. 10 MIN. 28 SEC. W A DISTANCE OF 533.71 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 57 DEG. 49 MIN. 26 SEC. E A DISTANCE OF 955.01 FEET TO A POINT, THENCE N 67 DEG. 53 MIN. 25 SEC. E A DISTANCE OF 999.83 FEET TO A POINT, THENCE N 63 DEG. 40 MIN. 14 SEC. E A DISTANCE OF 754.81 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 26 DEG. 19 MIN. 46 SEC. E A DISTANCE OF 260.51 FEET TO A POINT, THENCE N 66 DEG. 22 MIN. 10 SEC. E A DISTANCE OF 189.94 FEET TO A POINT, THENCE N 67 DEG. 09 MIN. 16 SEC. E A DISTANCE OF 957.65 FEET TO A POINT, THENCE N 65 DEG. 27 MIN. 08 SEC. E A DISTANCE OF 1,033.81 FEET TO A POINT, THENCE N 60 DEG. 44 MIN. 10 SEC. E A DISTANCE OF 860.18 FEET TO A POINT, THENCE N 58 DEG. 19 MIN. 27 SEC. E A DISTANCE OF 1,033.83 FEET TO A POINT, THENCE N 58 DEG. 09 MIN. 48 SEC. E A DISTANCE OF 1,019.60 FEET TO A POINT, THENCE N 55 DEG. 36 MIN. 20 SEC. E A DISTANCE OF 752.96 FEET TO A POINT, THENCE N 58 DEG. 36 MIN. 12 SEC. E A DISTANCE OF 1,223.92 FEET TO A POINT, THENCE N 58 DEG. 35 MIN. 51 SEC. E A DISTANCE OF 749.52 FEET TO A POINT, THENCE N 58 DEG. 05 MIN. 56 SEC. E A DISTANCE OF 1,221.47 FEET TO A POINT, THENCE N 58 DEG. 24 MIN. 25 SEC. E A DISTANCE OF 978.34 FEET TO A POINT, THENCE N 59 DEG. 25 MIN. 29 SEC. E A DISTANCE OF 983.30 FEET TO A POINT, THENCE N 60 DEG. 22 MIN. 06 SEC. E A DISTANCE OF 995.94 FEET TO A POINT, THENCE N 55 DEG. 53 MIN. 32 SEC. E DISTANCE OF 1,077.25 FEET TO A POINT, THENCE N 56 DEG. 26 MIN. 53 SEC. E A DISTANCE OF 1,106.81 FEET TO A POINT, THENCE N 56 DEG. 44 MIN. 04 SEC. E A DISTANCE OF 876.55 FEET TO A POINT, THENCE N 54 DEG. 24 MIN. 10 SEC. E A DISTANCE OF 272.84 FEET TO A POINT, THENCE N 30 DEG. 00 MIN. 00 SEC. W A DISTANCE OF 264.15 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 4 (LEE COUNTY). SEGMENT 5: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 12-83-A23 AND RUN THENCE S 77 DEG. 50 MIN. 42 SEC. E A DISTANCE OF 152.22 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 3 DEG. 49 MIN. 56 SEC. W DISTANCE OF 93.22 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 72 DEG. 46 MIN. 19 SEC. W A DISTANCE OF 181.99 FEET TO A POINT, THENCE S 19 DEG. 20 MIN. 29 SEC. E A DISTANCE OF 640.15 FEET TO A POINT, THENCE S 40 DEG. 26 MIN. 45 SEC. E A DISTANCE OF 951.41 FEET TO A POINT, THENCE S 51 DEG. 46 MIN. 12 SEC. E A DISTANCE OF 602.67 FEET TO A POINT, THENCE S 44 DEG. 07 MIN. 43 SEC. E A DISTANCE OF 804.31 FEET TO A POINT,THENCE S 51 DEG. 14 MIN. 24 SEC. E A DISTANCE OF 1,115.72 FEET TO A POINT, THENCE S 56 DEG. 25 MIN. 43 SEC. E A DISTANCE OF 985.65 FEET TO A POINT, THENCE S 65 DEG. 54 MIN. 10 SEC. E A DISTANCE OF 1,004.61 FEET TO A POINT, THENCE S 68 DEG. 27 MIN. 03 SEC. E A DISTANCE OF 844.38 FEET TO A POINT, THENCE S 67 DEG. 38 MIN. 48 SEC. E A DISTANCE OF 520.08 FEET TO A POINT, THENCE S 67 DEG. 38 MIN. 48 SEC. E A DISTANCE OF 800.90 FEET TO A POINT, THENCE S 66 DEG. 16 MIN. 39 SEC. E A DISTANCE OF 1,457.00 FEET TO A POINT, THENCE S 66 DEG. 07 MIN. 47 SEC. E A DISTANCE OF 1,403.11 FEET TO A POINT, THENCE S 61 DEG. 00 MIN. 39 SEC. E A DISTANCE OF 1,060.83 FEET TO A POINT, THENCE S 60 DEG. 14 MIN. 34 SEC. E A DISTANCE OF 880.10 FEET TO A POINT, THENCE S 58 DEG. 50 MIN. 33 SEC. E A DISTANCE OF 1,009.56 FEET TO A POINT, THENCE S 58 DEG. 04 MIN. 04 SEC. E A DISTANCE OF 1,008.87 FEET TO A POINT, THENCE S 55 DEG. 18 MIN. 39 SEC. E A DISTANCE OF 382.94 FEET TO A POINT, THENCE S 56 DEG. 54 MIN. 54 SEC. E A DISTANCE OF 594.24 FEET TO A POINT, THENCE S 53 DEG. 46 MIN. 54 SEC. E A DISTANCE OF 1,058.44 FEET TO A POINT, THENCE S 50 DEG. 58 MIN. 03 SEC. E A DISTANCE OF 804.56 FEET TO A POINT, THENCE S 50 DEG. 41 MIN. 17 SEC. E A DISTANCE OF 1,306.51 FEET TO A POINT, THENCE S 48 DEG. 28 MIN. 33 SEC. E A DISTANCE OF 949.33 FEET TO A POINT, THENCE S 49 DEG. 57 MIN. 50 SEC. E A DISTANCE OF 914.13 FEET TO A POINT, THENCE S 39 DEG. 44 MIN. 19 SEC. E A DISTANCE OF 914.80 FEET TO A POINT, THENCE S 43 DEG. 33 MIN. 54 SEC. E A DISTANCE OF 593.85 FEET TO A POINT THENCE S 45 DEG. 11 MIN. 48 SEC. E A DISTANCE OF 447.46 FEET TO A POINT, THENCE S 43 DEG. 26 MIN. 32 SEC. E A DISTANCE OF 780.56 FEET TO A POINT, THENCE S 39 DEG. 14 MIN. 12 SEC. E A DISTANCE OF 1,281.62 FEET TO A POINT, THENCE S 29 DEG. 22 MIN. 44 SEC. E A DISTANCE OF 1,109.45 FEET TO A POINT, THENCE S 27 DEG. 33 MIN. 26 SEC. E A DISTANCE OF 918.53 FEET TO A POINT, THENCE S 13 DEG. 32 MIN. 40 SEC. E A DISTANCE OF 670.84 FEET TO A POINT, THENCE S 08 DEG. 05 MIN. 44 SEC. E A DISTANCE OF 676.86 FEET TO A POINT, THENCE S 13 DEG. 58 MIN. 51 SEC. E A DISTANCE OF 1,012.95 FEET TO A POINT, THENCE S 49 DEG. 47 MIN. 45 SEC. E A DISTANCE OF 1,003.61 FEET TO A POINT, THENCE S 40 DEG. 19 MIN. 08 SEC. E A DISTANCE OF 1,842.60 FEET TO A POINT, THENCE S 77 DEG. 43 MIN. 42 SEC. E A DISTANCE OF 1,365.50 FEET TO A POINT, THENCE S 86 DEG. 10 MIN. 53 SEC. E A DISTANCE OF 1,009.50 FEET TO A POINT, THENCE N 88 DEG. 43 MIN. 47 SEC. E A DISTANCE OF 919.75 FEET TO A POINT, THENCE N 68 DEG. 39 MIN. 47 SEC. E A DISTANCE OF 597.68 FEET TO A POINT, THENCE N 00 DEG. 32 MIN. 23 SEC. W A DISTANCE OF 155.80 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 5 (LEE COUNTY). SEGMENT 6: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 12-83-A45 AND RUN THENCE S 41 DEG. 32 MIN. 01 SEC. W A DISTANCE OF 779.57 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 64 DEG. 28 MIN. 32 SEC. W A DISTANCE OF 206.22 FEET TO A POINT, THENCE S 30 DEG. 41 MIN. 00 SEC. E A DISTANCE OF 303.65 FEET TO A POINT,THENCE S 30 DEG. 41 MIN. 00 SEC. E A DISTANCE OF 478.35 FEET TO A POINT, THENCE S 29 DEG. 07 MIN. 15 SEC. E A DISTANCE OF 539.82 FEET TO A POINT, THENCE S 29 DEG. 06 MIN. 47 SEC. E A DISTANCE OF 541.64 FEET TO A POINT, THENCE S 26 DEG. 08 MIN. 05 SEC. E A DISTANCE OF 347.63 FEET TO A POINT, THENCE S 30 DEG. 19 MIN. 18 SEC. E A DISTANCE OF 407.71 FEET TO A POINT, THENCE S 27 DEG. 06 MIN. 31 SEC. E A DISTANCE OF 1,005.15 FEET TO A POINT, THENCE S 24 DEG. 52 MIN. 13 SEC. E A DISTANCE OF 1,355.66 FEET TO A POINT, THENCE S 23 DEG. 19 MIN. 50 SEC. E A DISTANCE OF 458.65 FEET TO A POINT, THENCE S 19 DEG. 59 MIN. 06 SEC. E A DISTANCE OF 494.59 FEET TO A POINT, THENCE S 24 DEG. 31 MIN. 16 SEC. E A DISTANCE OF 137.13 FEET TO A POINT, THENCE S 22 DEG. 34 MIN. 13 SEC. E A DISTANCE OF 894.45 FEET TO A POINT, THENCE S 22 DEG. 10 MIN. 30 SEC. E A DISTANCE OF 1,155.99 FEET TO A POINT, THENCE S 21 DEG. 09 MIN. 25 SEC. E A DISTANCE OF 940.06 FEET TO A POINT, THENCE S 20 DEG. 55 MIN. 29 SEC. E A DISTANCE OF 987.94 FEET TO A POINT, THENCE S 22 DEG. 55 MIN. 29 SEC. E A DISTANCE OF 751.08 FEET TO A POINT, THENCE S 22 DEG. 55 MIN. 49 SEC. E TO THE INTERSECTION OF THE LEE-COLLIER COUNTY LINE, THENCE RUN EASTERLY ALONG THE LEE-COLLIER COUNTY LINE TO A POINT LOCATED ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING THE TERMINUS POINT OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 6 (LEE COUNTY).

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.160 Collier County

The legal description for the Collier County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded June 29, 1989 in “Construction Setback Line book 1, Pages 26 through 36” and in “O.R. Book 1452, Pages 258 through 275 Doc. #01293533, Map reference Page 276, Doc. 1293534” of the public records of Collier County, Florida, said General Permit Line being more particularly described as follows:

SEGMENT 1: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) WIGGINS AND RUN THENCE S 75 DEG. 47 MIN. 04 SEC. E A DISTANCE OF 998.74 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 89 DEG. 07 MIN. 25 SEC. W A DISTANCE OF 832.13 FEET TO A POINT, THENCE S 16 DEG. 06 MIN. 23 SEC. E A DISTANCE OF 979.83 FEET TO A POINT, THENCE S 19 DEG. 05 MIN. 23 SEC. E A DISTANCE OF 1,023.63 FEET TO A POINT, THENCE S 19 DEG. 21 MIN. 34 SEC. E A DISTANCE OF 1,019.69 FEET TO A POINT, THENCE S 18 DEG. 55 MIN. 58 SEC. E A DISTANCE OF 1,020.25 FEET TO A POINT, THENCE S 19 DEG. 06 MIN. 23 SEC. E A DISTANCE OF 149.89 FEET TO A POINT, THENCE N 78 DEG. 22 MIN. 10 SEC. E A DISTANCE OF 647.04 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 1 (COLLIER COUNTY). SEGMENT 2: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 64-78-A04 AND RUN THENCE N 45 DEG. 28 MIN. 08 SEC. E A DISTANCE OF 564.67 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 10 DEG. 38 MIN. 21 SEC. E A DISTANCE OF 1,025.93 FEET TO A POINT, THENCE S 11 DEG. 32 MIN. 24 SEC. E A DISTANCE OF 1,039.81 FEET TO A POINT, THENCE S 09 DEG. 53 MIN. 26 SEC. E A DISTANCE OF 257.20 FEET TO A POINT, THENCE S 59 DEG. 47 MIN. 14 SEC. E A DISTANCE OF 115.37 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 88 DEG. 58 MIN. 02 SEC. W A DISTANCE OF 273.84 FEET TO A POINT, THENCE S 12 DEG. 07 MIN. 22 SEC. E A DISTANCE OF 672.47 FEET TO A POINT, THENCE S 12 DEG. 09 MIN. 03 SEC. E A DISTANCE OF 1,002.44 FEET TO A POINT, THENCE S 77 DEG. 50 MIN. 57 SEC. W A DISTANCE OF 100.00 FEET TO A POINT, THENCE S 13 DEG. 23 MIN. 53 SEC. E A DISTANCE OF 1,044.42 FEET TO A POINT, THENCE S 11 DEG. 39 MIN. 00 SEC. E A DISTANCE OF 1,025.12 FEET TO A POINT, THENCE S 10 DEG. 51 MIN. 15 SEC. E A DISTANCE OF 961.21 FEET TO A POINT, THENCE S 08 DEG. 11 MIN. 33 SEC. E A DISTANCE OF 1,045.67 FEET TO A POINT, THENCE S 08 DEG. 49 MIN. 48 SEC. E A DISTANCE OF 1,042.35 FEET TO A POINT, THENCE S 80 DEG. 53 MIN. 00 SEC. E A DISTANCE OF 655.74 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 2 (COLLIER COUNTY). SEGMENT 3: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 64-78-A11 AND RUN THENCE S 71 DEG. 12 MIN. 27 SEC. E A DISTANCE OF 881.24 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 25 DEG. 47 MIN. 39 SEC. W A DISTANCE OF 974.66 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 89 DEG. 30 MIN. 45 SEC. W A DISTANCE OF 223.34 FEET TO A POINT, THENCE S 05 DEG. 44 MIN. 36 SEC. E A DISTANCE OF 1,049.39 FEET TO A POINT, THENCE S 05 DEG. 11 MIN. 58 SEC. E A DISTANCE OF 1,071.42 FEET TO A POINT, THENCE S 01 DEG. 03 MIN. 18 SEC. E A DISTANCE OF 1,032.67 FEET TO A POINT, THENCE S 02 DEG. 53 MIN. 21 SEC. E A DISTANCE OF 971.05 FEET TO A POINT, THENCE S 06 DEG. 29 MIN. 48 SEC. E A DISTANCE OF 737.48 FEET TO A POINT, THENCE S 89 DEG. 59 MIN. 55 SEC. E A DISTANCE OF 175.87 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 3 (COLLIER COUNTY). SEGMENT 4: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 67-78-A12 AND RUN THENCE S 83 DEG. 33 MIN. 23 SEC. E A DISTANCE OF 560.55 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 71 DEG. 34 MIN. 12 SEC. W A DISTANCE OF 268.50 FEET TO A POINT THENCE S 17 DEG. 42 MIN. 00 SEC. E A DISTANCE OF 1,085.64 FEET TO A POINT, THENCE S 16 DEG. 59 MIN. 55 SEC. E A DISTANCE OF 1,009.69 FEET TO A POINT, THENCE S 13 DEG. 40 MIN. 11 SEC. E A DISTANCE OF 1,074.90 FEET TO A POINT, THENCE S 10 DEG. 06 MIN. 42 SEC. E A DISTANCE OF 1,059.46 FEET TO A POINT, THENCE S 08 DEG. 22 MIN. 31 SEC. E A DISTANCE OF 1,039.93 FEET TO A POINT, THENCE S 09 DEG. 35 MIN. 13 SEC. E A DISTANCE OF 984.07 FEET TO A POINT, THENCE S 11 DEG. 09 MIN. 16 SEC. E A DISTANCE OF 935.79 FEET TO A POINT, THENCE S 09 DEG. 18 MIN. 32 SEC. E A DISTANCE OF 798.21 FEET TO A POINT, THENCE S 09 DEG. 31 MIN. 57 SEC. E A DISTANCE OF 809.98 FEET TO A POINT, THENCE S 07 DEG. 26 MIN. 50 SEC. E A DISTANCE OF 797.48 FEET TO A POINT, THENCE S 03 DEG. 09 MIN. 38 SEC. E A DISTANCE OF 818.41 FEET TO A POINT, THENCE S 02 DEG. 29 MIN. 01 SEC. E A DISTANCE OF 805.89 FEET TO A POINT, THENCE S 07 DEG. 26 MIN. 17 SEC. E A DISTANCE OF 793.71 FEET TO A POINT, THENCE S 07 DEG. 01 MIN. 43 SEC. E A DISTANCE OF 809.44 FEET TO A POINT, THENCE S 06 DEG. 36 MIN. 05 SEC. E A DISTANCE OF 800.30 FEET TO A POINT, THENCE S 07 DEG. 02 MIN. 43 SEC. E A DISTANCE OF 799.03 FEET TO A POINT, THENCE S 06 DEG. 35 MIN. 44 SEC. E A DISTANCE OF 818.47 FEET TO A POINT, THENCE S 06 DEG. 56 MIN. 15 SEC. E A DISTANCE OF 794.43 FEET TO A POINT, THENCE S 07 DEG. 29 MIN. 26 SEC. E A DISTANCE OF 797.00 FEET TO A POINT, THENCE S 08 DEG. 47 MIN. 27 SEC. E A DISTANCE OF 787.32 FEET TO A POINT, THENCE S 02 DEG. 40 MIN. 50 SEC. E A DISTANCE OF 771.30 FEET TO A POINT, THENCE S 05 DEG. 27 MIN. 20 SEC. E A DISTANCE OF 1,092.74 FEET TO A POINT, THENCE S 05 DEG. 19 MIN. 37 SEC. E A DISTANCE OF 1,572.76 FEET TO A POINT, THENCE S 05 DEG. 18 MIN. 30 SEC. E A DISTANCE OF 665.63 FEET TO A POINT, THENCE S 09 DEG. 12 MIN. 47 SEC. E A DISTANCE OF 869.76 FEET TO A POINT, THENCE S 05 DEG. 39 MIN. 03 SEC. E A DISTANCE OF 1,047.72 FEET TO A POINT, THENCE S 05 DEG. 26 MIN. 55 SEC. E A DISTANCE OF 1,021.32 FEET TO A POINT, THENCE S 06 DEG. 19 MIN. 36 SEC. E A DISTANCE OF 916.41 FEET TO A POINT, THENCE S 05 DEG. 50 MIN. 47 SEC. E A DISTANCE OF 884.64 FEET TO A POINT, THENCE S 03 DEG. 55 MIN. 47 SEC. E A DISTANCE OF 2,013.49 FEET TO A POINT, THENCE S 06 DEG. 23 MIN. 27 SEC. E A DISTANCE OF 365.57 FEET TO A POINT, THENCE S 30 DEG. 32 MIN. 03 SEC. E A DISTANCE OF 583.74 FEET TO A POINT, THENCE N 53 DEG. 14 MIN. 59 SEC. E A DISTANCE OF 196.90 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 4 (COLLIER COUNTY). SEGMENT 5: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 67-78-A24 AND RUN THENCE N 37 DEG. 08 MIN. 48 SEC. E A DISTANCE OF 742.59 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 57 DEG. 01 MIN. 28 SEC. E A DISTANCE OF 982.92 FEET TO A POINT, THENCE S 42 DEG. 27 MIN. 19 SEC. E A DISTANCE OF 1,370.41 FEET TO A POINT, THENCE S 28 DEG. 24 MIN. 52 SEC. E A DISTANCE OF 937.42 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 61 DEG. 33 MIN. 39 SEC. W A DISTANCE OF 100.00 FEET TO A POINT, THENCE S 28 DEG. 26 MIN. 21 SEC. E A DISTANCE OF 995.61 FEET TO A POINT, THENCE S 30 DEG. 40 MIN. 54 SEC. E A DISTANCE OF 1,240.00 FEET TO A POINT, THENCE S 30 DEG. 28 MIN. 19 SEC. E A DISTANCE OF 217.80 FEET TO A POINT, THENCE S 29 DEG. 06 MIN. 03 SEC. E A DISTANCE OF 2,021.34 FEET TO A POINT, THENCE S 23 DEG. 23 MIN. 26 SEC. E A DISTANCE OF 433.81 FEET TO A POINT, THENCE S 18 DEG. 32 MIN. 10 SEC. E A DISTANCE OF 1,179.69 FEET TO A POINT, THENCE S 20 DEG. 52 MIN. 01 SEC. E A DISTANCE OF 997.26 FEET TO A POINT, THENCE S 11 DEG. 40 MIN. 08 SEC. E A DISTANCE OF 1,161.47 FEET TO A POINT, THENCE S 02 DEG. 08 MIN. 00 SEC. E A DISTANCE OF 1,033.35 FEET TO A POINT, THENCE S 01 DEG. 48 MIN. 13 SEC. E A DISTANCE OF 1,042.75 FEET TO A POINT, THENCE S 00 DEG. 33 MIN. 53 SEC. W A DISTANCE OF 923.84 FEET TO A POINT, THENCE S 00 DEG. 16 MIN. 24 SEC. W A DISTANCE OF 1,006.04 FEET TO A POINT, THENCE S 17 DEG. 24 MIN. 32 SEC. E A DISTANCE OF 745.33 FEET TO A POINT, THENCE N 72 DEG. 35 MIN. 28 SEC. E A DISTANCE OF 100.00 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 5 (COLLIER COUNTY).

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.170 Sarasota County

The legal description for the Sarasota County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded March 2, 1989 in “O.R. Book 2102, Pages 2632 through 2650” and in “Control Line Book 2” of the public records of Sarasota County, Florida, said General Permit Line being more particularly described as follows:

SEGMENT 1: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 17-84-A01 AND RUN THENCE N 53 DEG. 31 MIN. 14 SEC. W A DISTANCE OF 156.72 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 58 DEG. 27 MIN. 09 SEC. W A DISTANCE OF 149.81 FEET TO A POINT, THENCE S 29 DEG. 55 MIN. 24 SEC. E A DISTANCE OF 947.44 FEET TO A POINT, THENCE S 29 DEG. 24 MIN. 12 SEC. E A DISTANCE OF 951.80 FEET TO A POINT, THENCE S 26 DEG. 07 MIN. 18 SEC. E A DISTANCE OF 1,032.71 FEET TO A POINT, THENCE S 28 DEG. 44 MIN. 42 SEC. E A DISTANCE OF 1,004.82 FEET TO A POINT, THENCE S 30 DEG. 11 MIN. 08 SEC. E A DISTANCE OF 762.66 FEET TO A POINT, THENCE S 31 DEG. 42 MIN. 48 SEC. E A DISTANCE OF 1,176.05 FEET TO A POINT, THENCE S 34 DEG. 25 MIN. 39 SEC. E A DISTANCE OF 937.89 FEET TO A POINT, THENCE S 34 DEG. 43 MIN. 45 SEC. E A DISTANCE OF 1,050.43 FEET TO A POINT, THENCE S 34 DEG. 20 MIN. 30 SEC. E A DISTANCE OF 977.97 FEET TO A POINT,THENCE S 34 DEG. 17 MIN. 55 SEC. E A DISTANCE OF 1,072.69 FEET TO A POINT, THENCE S 33 DEG. 23 MIN. 27 SEC. E A DISTANCE OF 998.29 FEET TO A POINT, THENCE S 32 DEG. 52 MIN. 54 SEC. E A DISTANCE OF 1,037.83 FEET TO A POINT, THENCE S 40 DEG. 29 MIN. 08 SEC. E A DISTANCE OF 565.13 FEET TO A POINT, THENCE S 54 DEG. 07 MIN. 51 SEC. E A DISTANCE OF 421.78 FEET TO A POINT, THENCE S 41 DEG. 34 MIN. 38 SEC. E A DISTANCE OF 1,001.86 FEET TO A POINT, THENCE S 38 DEG. 49 MIN. 05 SEC. E A DISTANCE OF 1,034.88 FEET TO A POINT, THENCE S 38 DEG. 47 MIN. 30 SEC. E A DISTANCE OF 1,236.22 FEET TO A POINT, THENCE S 38 DEG. 30 MIN. 09 SEC. E A DISTANCE OF 677.11 FEET TO A POINT, THENCE S 46 DEG. 39 MIN. 47 SEC. E A DISTANCE OF 1,000.03 FEET TO A POINT, THENCE S 40 DEG. 50 MIN. 34 SEC. E A DISTANCE OF 722.32 FEET TO A POINT, THENCE N 47 DEG. 15 MIN. 25 SEC. E A DISTANCE OF 25.01 FEET TO A POINT, THENCE S 40 DEG. 55 MIN. 08 SEC. E A DISTANCE OF 287.66 FEET TO A POINT, THENCE S 41 DEG. 31 MIN. 03 SEC. E A DISTANCE OF 915.60 FEET TO A POINT, THENCE S 42 DEG. 05 MIN. 07 SEC. E A DISTANCE OF 1,146.74 FEET TO A POINT, THENCE S 43 DEG. 22 MIN. 54 SEC. E A DISTANCE OF 932.97 FEET TO A POINT, THENCE S 40 DEG. 14 MIN. 55 SEC. E A DISTANCE OF 1,217.55 FEET TO A POINT, THENCE S 39 DEG. 31 MIN. 16 SEC. E A DISTANCE OF 771.48 FEET TO A POINT, THENCE S 39 DEG. 17 MIN. 49 SEC. E A DISTANCE OF 971.96 FEET TO A POINT, THENCE N 47 DEG. 07 MIN. 19 SEC. E A DISTANCE OF 25.08 FEET TO A POINT, THENCE S 38 DEG. 32 MIN. 22 SEC. E A DISTANCE OF 976.35 FEET TO A POINT, THENCE S 43 DEG. 29 MIN. 59 SEC. E A DISTANCE OF 968.83 FEET TO A POINT, THENCE S 50 DEG. 47 MIN. 36 SEC. E A DISTANCE OF 826.18 FEET TO A POINT, THENCE N 28 DEG. 22 MIN. 29 SEC. E A DISTANCE OF 356.77 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 1 (SARASOTA COUNTY). SEGMENT 2: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 17-84-A16 AND RUN THENCE S 46 DEG. 36 MIN. 13 SEC. W A DISTANCE OF 1,284.21 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 66 DEG. 35 MIN. 38 SEC. E A DISTANCE OF 296.94 FEET TO A POINT, THENCE S 30 DEG. 24 MIN. 18 SEC. E A DISTANCE OF 112.10 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 59 DEG. 35 MIN. 42 SEC. W A DISTANCE OF 200.88 FEET TO A POINT, THENCE S 30 DEG. 24 MIN. 18 SEC. E A DISTANCE OF 604.24 FEET TO A POINT, THENCE S 30 DEG. 24 MIN. 18 SEC. E A DISTANCE OF 1,013.44 FEET TO A POINT, THENCE S 41 DEG. 49 MIN. 28 SEC. E A DISTANCE OF 992.42 FEET TO A POINT, THENCE S 39 DEG. 39 MIN. 59 SEC. E A DISTANCE OF 952.57 FEET TO A POINT, THENCE S 32 DEG. 39 MIN. 40 SEC. E A DISTANCE OF 1,022.68 FEET TO A POINT, THENCE S 29 DEG. 09 MIN. 51 SEC. E A DISTANCE OF 1,021.56 FEET TO A POINT, THENCE S 23 DEG. 48 MIN. 54 SEC. E A DISTANCE OF 989.01 FEET TO A POINT, THENCE S 23 DEG. 54 MIN. 18 SEC. E A DISTANCE OF 924.34 FEET TO A POINT, THENCE S 36 DEG. 47 MIN. 58 SEC. E A DISTANCE OF 975.05 FEET TO A POINT, THENCE S 49 DEG. 01 MIN. 56 SEC. E A DISTANCE OF 140.41 FEET TO A POINT, THENCE N 51 DEG. 37 MIN. 15 SEC. E A DISTANCE OF 260.86 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 2 (SARASOTA COUNTY). SEGMENT 3: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 17-84-A25 AND RUN THENCE N 71 DEG. 13 MIN. 43 SEC. W A DISTANCE OF 1,400.48 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 18 DEG. 03 MIN. 30 SEC. E A DISTANCE OF 692.29 FEET TO A POINT, THENCE S 17 DEG. 50 MIN. 33 SEC. E A DISTANCE OF 767.53 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 44 DEG. 47 MIN. 41 SEC. W A DISTANCE OF 273.41 FEET TO A POINT, THENCE S 53 DEG. 47 MIN. 24 SEC. E A DISTANCE OF 930.55 FEET TO A POINT, THENCE S 53 DEG. 39 MIN. 40 SEC. E A DISTANCE OF 925.63 FEET TO A POINT, THENCE S 58 DEG. 04 MIN. 34 SEC. E A DISTANCE OF 1,126.54 FEET TO A POINT, THENCE S 62 DEG. 13 MIN. 32 SEC. E A DISTANCE OF 966.32 FEET TO A POINT, THENCE S 59 DEG. 18 MIN. 20 SEC. E A DISTANCE OF 1,006.29 FEET TO A POINT, THENCE S 69 DEG. 13 MIN. 06 SEC. E A DISTANCE OF 1,073.29 FEET TO A POINT, THENCE S 74 DEG. 13 MIN. 13 SEC. E A DISTANCE OF 71.44 FEET TO A POINT, THENCE S 56 DEG. 14 MIN. 40 SEC. E A DISTANCE OF 1,023.08 FEET TO A POINT, THENCE S 46 DEG. 58 MIN. 50 SEC. E A DISTANCE OF 1,034.95 FEET TO A POINT, THENCE S 46 DEG. 47 MIN. 41 SEC. E A DISTANCE OF 1,101.37 FEET TO A POINT, THENCE S 37 DEG. 26 MIN. 00 SEC. E A DISTANCE OF 454.10 FEET TO A POINT, THENCE S 43 DEG. 47 MIN. 59 SEC. E A DISTANCE OF 586.90 FEET TO A POINT, THENCE S 36 DEG. 27 MIN. 50 SEC. E A DISTANCE OF 961.51 FEET TO A POINT, THENCE S 34 DEG. 19 MIN. 42 SEC. E A DISTANCE OF 102.58 FEET TO A POINT, THENCE S 29 DEG. 28 MIN. 37 SEC. E A DISTANCE OF 902.27 FEET TO A POINT, THENCE S 29 DEG. 37 MIN. 32 SEC. E A DISTANCE OF 1,083.05 FEET TO A POINT, THENCE S 23 DEG. 35 MIN. 26 SEC. E A DISTANCE OF 590.03 FEET TO A POINT, THENCE S 22 DEG. 54 MIN. 26 SEC. E A DISTANCE OF 498.83 FEET TO A POINT, THENCE S 21 DEG. 02 MIN. 22 SEC. E A DISTANCE OF 437.94 FEET TO A POINT, THENCE S 21 DEG. 02 MIN. 23 SEC. E A DISTANCE OF 54.21 FEET TO A POINT, THENCE S 06 DEG. 19 MIN. 17 SEC. W A DISTANCE OF 707.48 FEET TO A POINT, THENCE S 72 DEG. 48 MIN. 34 SEC. W A DISTANCE OF 167.36 FEET TO A POINT, THENCE S 31 DEG. 43 MIN. 40 SEC. E A DISTANCE OF 835.48 FEET TO A POINT, THENCE S 36 DEG. 36 MIN. 53 SEC. E A DISTANCE OF 930.52 FEET TO A POINT, THENCE S 77 DEG. 35 MIN. 24 SEC. E A DISTANCE OF 377.21 FEET TO A POINT, THENCE S 47 DEG. 02 MIN. 46 SEC. E A DISTANCE OF 390.27 FEET TO A POINT, THENCE S 46 DEG. 27 MIN. 43 SEC. E A DISTANCE OF 221.08 FEET TO A POINT, THENCE S 30 DEG. 57 MIN. 16 SEC. E A DISTANCE OF 878.52 FEET TO A POINT, THENCE S 48 DEG. 39 MIN. 12 SEC. E A DISTANCE OF 1,095.15 FEET TO A POINT, THENCE N 60 DEG. 56 MIN. 40 SEC. E A DISTANCE OF 152.92 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 3 (SARASOTA COUNTY) SEGMENT 4: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 17-84-B07 AND RUN THENCE N 75 DEG. 29 MIN. 50 SEC. E A DISTANCE OF 386.34 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 21 DEG. 31 MIN. 36 SEC. E A DISTANCE OF 771.57 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 68 DEG. 28 MIN. 24 SEC. W A DISTANCE OF 41.52 FEET TO A POINT, THENCE S 21 DEG. 51 MIN. 51 SEC. E A DISTANCE OF 393.15 FEET TO A POINT, THENCE S 15 DEG. 41 MIN. 16 SEC. E A DISTANCE OF 968.29 FEET TO A POINT, THENCE S 20 DEG. 31 MIN. 21 SEC. E A DISTANCE OF 997.77 FEET TO A POINT, THENCE S 18 DEG. 53 MIN. 07 SEC. E A DISTANCE OF 1,019.08 FEET TO A POINT, THENCE S 22 DEG. 34 MIN. 45 SEC. E A DISTANCE OF 844.05 FEET TO A POINT, THENCE S 22 DEG. 29 MIN. 46 SEC. E A DISTANCE OF 1,019.82 FEET TO A POINT, THENCE S 16 DEG. 34 MIN. 37 SEC. E A DISTANCE OF 1,103.32 FEET TO A POINT, THENCE S 17 DEG. 41 MIN. 04 SEC. E A DISTANCE OF 812.56 FEET TO A POINT, THENCE S 17 DEG. 45 MIN. 20 SEC. E A DISTANCE OF 1,150.93 FEET TO A POINT, THENCE S 11 DEG. 40 MIN. 25 SEC. W A DISTANCE OF 204.89 FEET TO A POINT, THENCE S 18 DEG. 41 MIN. 26 SEC. E A DISTANCE OF 813.06 FEET TO A POINT, THENCE S 21 DEG. 27 MIN. 45 SEC. E A DISTANCE OF 1,127.11 FEET TO A POINT, THENCE S 23 DEG. 58 MIN. 18 SEC. E A DISTANCE OF 1,186.60 FEET TO A POINT, THENCE S 28 DEG. 24 MIN. 42 SEC. E A DISTANCE OF 941.34 FEET TO A POINT, THENCE S 29 DEG. 05 MIN. 00 SEC. E A DISTANCE OF 1,093.03 FEET TO A POINT, THENCE S 29 DEG. 27 MIN. 19 SEC. E A DISTANCE OF 780.51 FEET TO A POINT, THENCE N 65 DEG. 53 MIN. 07 SEC. E A DISTANCE OF 50.22 FEET TO A POINT, THENCE S 29 DEG. 39 MIN. 21 SEC. E A DISTANCE OF 487.20 FEET TO A POINT, THENCE S 29 DEG. 48 MIN. 17 SEC. E A DISTANCE OF 706.82 FEET TO A POINT, THENCE S 28 DEG. 52 MIN. 04 SEC. E A DISTANCE OF 972.81 FEET TO A POINT, THENCE S 28 DEG. 36 MIN. 54 SEC. E A DISTANCE OF 1,120.17 FEET TO A POINT, THENCE S 29 DEG. 40 MIN. 36 SEC. E A DISTANCE OF 1,120.60 FEET TO A POINT, THENCE S 29 DEG. 36 MIN. 28 SEC. E A DISTANCE OF 1,042.69 FEET TO A POINT, THENCE S 26 DEG. 51 MIN. 38 SEC. E A DISTANCE OF 2,440.71 FEET TO A POINT, THENCE S 25 DEG. 05 MIN. 36 SEC. E A DISTANCE OF 1,613.64 FEET TO A POINT, THENCE S 21 DEG. 48 MIN. 49 SEC. E A DISTANCE OF 787.70 FEET TO A POINT, THENCE S 21 DEG. 36 MIN. 52 SEC. E A DISTANCE OF 1,208.51 FEET TO A POINT, THENCE S 19 DEG. 04 MIN. 43 SEC. E A DISTANCE OF 1,039.12 FEET TO A POINT, THENCE S 17 DEG. 00 MIN. 06 SEC. E A DISTANCE OF 1,074.59 FEET TO A POINT, THENCE S 16 DEG. 23 MIN. 13 SEC. E A DISTANCE OF 1,030.38 FEET TO A POINT, THENCE S 14 DEG. 31 MIN. 39 SEC. E A DISTANCE OF 1,319.98 FEET TO A POINT, THENCE S 15 DEG. 09 MIN. 38 SEC. E A DISTANCE OF 487.83 FEET TO A POINT, THENCE S 14 DEG. 31 MIN. 40 SEC. E A DISTANCE OF 1,029.82 FEET TO A POINT, THENCE S 13 DEG. 52 MIN. 00 SEC. E A DISTANCE OF 733.64 FEET TO A POINT, THENCE S 13 DEG. 38 MIN. 14 SEC. E A DISTANCE OF 1,285.82 FEET TO A POINT, THENCE S 12 DEG. 54 MIN. 36 SEC. E A DISTANCE OF 1,086.54 FEET TO A POINT, THENCE N 79 DEG. 49 MIN. 57 SEC. E A DISTANCE OF 204.87 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 4 (SARASOTA COUNTY). SEGMENT 5 COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 17-84-B16 AND RUN THENCE S 71 DEG. 44 MIN. 11 SEC. E A DISTANCE OF 1,812.04 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 27 DEG. 44 MIN. 19 SEC. W A DISTANCE OF 126.28 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 66 DEG. 52 MIN. 49 SEC. W A DISTANCE OF 438.08 FEET TO A POINT, THENCE S 35 DEG. 50 MIN. 45 SEC. E A DISTANCE OF 482.64 FEET TO A POINT, THENCE S 30 DEG. 37 MIN. 02 SEC. E A DISTANCE OF 1,016.77 FEET TO A POINT, THENCE S 23 DEG. 52 MIN. 14 SEC. E A DISTANCE OF 838.51 FEET TO A POINT, THENCE S 21 DEG. 24 MIN. 41 SEC. E A DISTANCE OF 805.62 FEET TO A POINT, THENCE S 20 DEG. 10 MIN. 55 SEC. E A DISTANCE OF 617.30 FEET TO A POINT, THENCE S 19 DEG. 10 MIN. 53 SEC. E A DISTANCE OF 659.49 FEET TO A POINT, THENCE S 18 DEG. 53 MIN. 24 SEC. E A DISTANCE OF 977.87 FEET TO A POINT, THENCE S 36 DEG. 33 MIN. 23 SEC. W A DISTANCE OF 89.29 FEET TO A POINT, THENCE S 08 DEG. 58 MIN. 42 SEC. E A DISTANCE OF 89.61 FEET TO A POINT, THENCE S 15 DEG. 21 MIN. 09 SEC. E A DISTANCE OF 943.16 FEET TO A POINT, THENCE S 17 DEG. 01 MIN. 02 SEC. E A DISTANCE OF 890.63 FEET TO A POINT, THENCE S 16 DEG. 43 MIN. 48 SEC. E A DISTANCE OF 935.16 FEET TO A POINT, THENCE S 15 DEG. 21 MIN. 46 SEC. E A DISTANCE OF 960.35 FEET TO A POINT, THENCE S 28 DEG. 20 MIN. 33 SEC. E A DISTANCE OF 1,000.94 FEET TO A POINT, THENCE S 15 DEG. 48 MIN. 50 SEC. E A DISTANCE OF 988.24 FEET TO A POINT, THENCE S 15 DEG. 14 MIN. 30 SEC. E A DISTANCE OF 1,009.54 FEET TO A POINT, THENCE N 69 DEG. 20 MIN. 11 SEC. E A DISTANCE OF 244.38 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 5 (SARASOTA COUNTY). SEGMENT 6: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 17-84-C10 AND RUN THENCE S 54 DEG. 52 MIN. 51 SEC. E A DISTANCE OF 193.81 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 31 DEG. 53 MIN. 59 SEC. E A DISTANCE OF 1,024.53 FEET TO A POINT, THENCE S 31 DEG. 41 MIN. 56 SEC. E A DISTANCE OF 996.69 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 60 DEG. 54 MIN. 05 SEC. W A DISTANCE OF 60.01 FEET TO A POINT, THENCE S 30 DEG. 00 MIN. 45 SEC. E A DISTANCE OF 1,012.93 FEET TO A POINT, THENCE S 30 DEG. 38 MIN. 01 SEC. E A DISTANCE OF 867.38 FEET TO A POINT, THENCE S 29 DEG. 46 MIN. 23 SEC. E A DISTANCE OF 1,132.40 FEET TO A POINT, THENCE S 28 DEG. 30 MIN. 01 SEC. E A DISTANCE OF 1,021.00 FEET TO A POINT, THENCE S 29 DEG. 40 MIN. 50 SEC. E A DISTANCE OF 923.02 FEET TO A POINT, THENCE S 30 DEG. 01 MIN. 15 SEC. E A DISTANCE OF 945.96 FEET TO A POINT, THENCE S 29 DEG. 01 MIN. 04 SEC. E A DISTANCE OF 1,134.82 FEET TO A POINT, THENCE S 28 DEG. 06 MIN. 07 SEC. E A DISTANCE OF 1,018.48 FEET TO A POINT, THENCE S 25 DEG. 55 MIN. 17 SEC. E A DISTANCE OF 983.50 FEET TO A POINT, THENCE S 26 DEG. 35 MIN. 58 SEC. E A DISTANCE OF 972.71 FEET TO A POINT, THENCE S 25 DEG. 58 MIN. 43 SEC. E A DISTANCE OF 1,029.98 FEET TO A POINT, THENCE S 24 DEG. 18 MIN. 34 SEC. E A DISTANCE OF 903.55 FEET TO A POINT, THENCE S 22 DEG. 40 MIN. 38 SEC. E A DISTANCE OF 979.82 FEET TO A POINT, THENCE S 22 DEG. 52 MIN. 25 SEC. E A DISTANCE OF 997.60 FEET TO A POINT, THENCE S 23 DEG. 37 MIN. 14 SEC. E A DISTANCE OF 1,017.71 FEET TO A POINT, THENCE S 24 DEG. 28 MIN. 23 SEC. E A DISTANCE OF 994.42 FEET TO A POINT, THENCE S 23 DEG. 47 MIN. 56 SEC. E A DISTANCE OF 901.23 FEET TO A POINT, THENCE S 23 DEG. 09 MIN. 55 SEC. E A DISTANCE OF 1,045.38 FEET TO A POINT, THENCE S 24 DEG. 33 MIN. 22 SEC. E A DISTANCE OF 1,053.41 FEET TO A POINT, THENCE S 25 DEG. 13 MIN. 05 SEC. E A DISTANCE OF 995.98 FEET TO A POINT, THENCE S 27 DEG. 01 MIN. 43 SEC. E A DISTANCE OF 999.37 FEET TO A POINT, THENCE S 29 DEG. 47 MIN. 03 SEC. E A DISTANCE OF 937.06 FEET TO A POINT, THENCE S 32 DEG. 31 MIN. 29 SEC. E A DISTANCE OF 1060.01 FEET TO A POINT, THENCE S 28 DEG. 13 MIN. 54 SEC. E A DISTANCE OF 924.83 FEET TO A POINT, THENCE S 35 DEG. 57 MIN. 40 SEC. E A DISTANCE OF 1,023.67 FEET TO A POINT, THENCE S 31 DEG. 56 MIN. 29 SEC. E A DISTANCE OF 961.50 FEET TO A POINT, THENCE S 33 DEG. 20 MIN. 51 SEC. E A DISTANCE OF 960.68 FEET TO A POINT, THENCE S 31 DEG. 48 MIN. 49 SEC. E A DISTANCE OF 912.00 FEET TO A POINT, THENCE S 30 DEG. 46 MIN. 14 SEC. E A DISTANCE OF 1,114.75 FEET TO A POINT, THENCE S 30 DEG. 27 MIN. 27 SEC. E A DISTANCE OF 916.92 FEET TO A POINT, THENCE S 31 DEG. 27 MIN. 39 SEC. E A DISTANCE OF 1,017.82 FEET TO A POINT, THENCE S 30 DEG. 03 MIN. 54 SEC. E A DISTANCE OF 989.78 FEET TO A POINT, THENCE S 29 DEG. 24 MIN. 10 SEC. E A DISTANCE OF 897.84 FEET TO A POINT, THENCE S 29 DEG. 25 MIN. 50 SEC. E A DISTANCE OF 1,009.15 FEET TO A POINT, THENCE S 29 DEG. 13 MIN. 26 SEC. E A DISTANCE OF 1,034.13 FEET TO A POINT, THENCE S 27 DEG. 28 MIN. 59 SEC. E A DISTANCE OF 757.84 FEET TO A POINT, THENCE S 27 DEG. 28 MIN. 59 SEC. E TO THE INTERSECTION OF THE SARASOTA-CHARLOTTE COUNTY LINE, THENCE RUN EASTERLY ALONG THE SARASOTA-CHARLOTTE COUNTY LINE TO APOINT LOCATED ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING THE TERMINUS POINT OF THE HEREIN DESCRIBED GENERAL PERMIT LINESEGMENT 6 (SARASOTA COUNTY).

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.180 Manatee County

The legal description for the Manatee County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded August 6, 1987 in “record Plat Book #10, Pages 1 through 7,” of the public records of Manatee County, Florida, said General Permit Line being more particularly described as follows:

NORTH SEGMENT: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 13-85-A04 AND RUN THENCE N 82 DEG. 42 MIN. 50 SEC. E A DISTANCE OF 172.73 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 70 DEG. 25 MIN. 06 SEC. W A DISTANCE OF 109.47 FEET TO A POINT, THENCE S 35 DEG. 30 MIN. 32 SEC. E A DISTANCE OF 898.30 FEET TO A POINT, THENCE S 39 DEG. 32 MIN. 58 SEC. W A DISTANCE OF 52.11 FEET TO A POINT, THENCE S 35 DEG. 25 MIN. 46 SEC. E A DISTANCE OF 1,186.59 FEET TO A POINT, THENCE S 54 DEG. 33 MIN. 19 SEC. W A DISTANCE OF 25.09 FEET TO A POINT, THENCE S 35 DEG. 25 MIN. 08 SEC. E A DISTANCE OF 913.10 FEET TO A POINT, THENCE S 48 DEG. 16 MIN. 03 SEC. E A DISTANCE OF 1,078.28 FEET TO A POINT, THENCE N 58 DEG. 14 MIN. 42 SEC. E A DISTANCE OF 25.71 FEET TO A POINT, THENCE S 44 DEG. 09 MIN. 33 SEC. E A DISTANCE OF 922.18 FEET TO A POINT, THENCE S 45 DEG. 39 MIN. 10 SEC. E A DISTANCE OF 1,070.64 FEET TO A POINT, THENCE S 42 DEG. 19 MIN. 51 SEC. E A DISTANCE OF 1,102.52 FEET TO A POINT, THENCE S 34 DEG. 04 MIN. 22 SEC. W A DISTANCE OF 25.74 FEET TO A POINT, THENCE S 41 DEG. 56 MIN. 56 SEC. E A DISTANCE OF 1,009.28 FEET TO A POINT, THENCE S 37 DEG. 12 MIN. 02 SEC. E A DISTANCE OF 992.41 FEET TO A POINT, THENCE S 35 DEG. 57 MIN. 02 SEC. E A DISTANCE OF 1,228.76 FEET TO A POINT, THENCE S 35 DEG. 37 MIN. 39 SEC. E A DISTANCE OF 842.57 FEET TO A POINT, THENCE S 32 DEG. 18 MIN. 51 SEC. E A DISTANCE OF 1,039.25 FEET TO A POINT, THENCE S 33 DEG. 22 MIN. 49 SEC. E A DISTANCE OF 922.22 FEET TO A POINT, THENCE S 28 DEG. 05 MIN. 57 SEC. E A DISTANCE OF 1059.36 FEET TO A POINT, THENCE S 28 DEG. 23 MIN. 32 SEC. E A DISTANCE OF 955.03 FEET TO A POINT, THENCE S 27 DEG. 53 MIN. 20 SEC. E A DISTANCE OF 1,134.66 FEET TO A POINT, THENCE S 23 DEG. 42 MIN. 57 SEC. E A DISTANCE OF 967.80 FEET TO A POINT, THENCE S 21 DEG. 13 MIN. 29 SEC. E A DISTANCE OF 935.82 FEET TO A POINT, THENCE S 24 DEG. 44 MIN. 56 SEC. E A DISTANCE OF 1,028.07 FEET TO A POINT, THENCE S 69 DEG. 34 MIN. 32 SEC. W A DISTANCE OF 24.96 FEET TO A POINT, THENCE S 22 DEG. 35 MIN. 35 SEC. E A DISTANCE OF 965.92 FEET TO A POINT, THENCE S 20 DEG. 23 MIN. 50 SEC. E A DISTANCE OF 1,221.69 FEET TO A POINT, THENCE S 16 DEG. 21 MIN. 48 SEC. E A DISTANCE OF 805.42 FEET TO A POINT, THENCE S 15 DEG. 01 MIN. 26 SEC. E A DISTANCE OF 997.14 FEET TO A POINT, THENCE S 23 DEG. 17 MIN. 15 SEC. E A DISTANCE OF 1,410.18 FEET TO A POINT, THENCE S 19 DEG. 27 MIN. 57 SEC. E A DISTANCE OF 882.78 FEET TO A POINT, THENCE S 17 DEG. 23 MIN. 22 SEC. E A DISTANCE OF 1,110.86 FEET TO A POINT, THENCE S 16 DEG. 17 MIN. 49 SEC. E A DISTANCE OF 928.75 FEET TO A POINT, THENCE S 16 DEG. 32 MIN. 40 SEC. E A DISTANCE OF 920.64 FEET TO A POINT, THENCE S 17 DEG. 07 MIN. 20 SEC. E A DISTANCE OF 1,095.23 FEET TO A POINT, THENCE S 17 DEG. 56 MIN. 48 SEC. E A DISTANCE OF 961.83 FEET TO A POINT, THENCE S 12 DEG. 47 MIN. 39 SEC. E A DISTANCE OF 492.34 FEET TO A POINT, THENCE S 29 DEG. 51 MIN. 05 SEC. E A DISTANCE OF 439.05 FEET TO A POINT, THENCE N 69 DEG. 47 MIN. 42 SEC. E A DISTANCE OF 207.15 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE (SOUTH SEGMENT). SOUTH SEGMENT: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 13-84-B06 AND RUN THENCE S 77 DEG. 53 MIN. 23 SEC. W A DISTANCE OF 1,194.68 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 26 DEG. 12 MIN. 28 SEC. E A DISTANCE OF 1,157.06 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 29 DEG. 52 MIN. 36 SEC. W A DISTANCE OF 190.04 FEET TO A POINT, THENCE S 55 DEG. 12 MIN. 01 SEC. E A DISTANCE OF 914.35 FEET TO A POINT, THENCE S 46 DEG. 58 MIN. 54 SEC. E A DISTANCE OF 1,096.50 FEET TO A POINT, THENCE S 41 DEG. 04 MIN. 55 SEC. E A DISTANCE OF 833.80 FEET TO A POINT, THENCE S 44 DEG. 58 MIN. 27 SEC. E A DISTANCE OF 1,556.75 FEET TO A POINT, THENCE S 52 DEG. 08 MIN. 20 SEC. E A DISTANCE OF 955.55 FEET TO A POINT, THENCE S 60 DEG. 47 MIN. 52 SEC. E A DISTANCE OF 996.98 FEET TO A POINT, THENCE S 54 DEG. 43 MIN. 19 SEC. E A DISTANCE OF 916.23 FEET TO A POINT, THENCE S 46 DEG. 38 MIN. 23 SEC. E A DISTANCE OF 1,156.33 FEET TO A POINT, THENCE S 38 DEG. 11 MIN. 30 SEC. E A DISTANCE OF 927.87 FEET TO A POINT, THENCE S 36 DEG. 04 MIN. 22 SEC. E A DISTANCE OF 472.39 FEET TO A POINT, THENCE S 43 DEG. 34 MIN. 08 SEC. E A DISTANCE OF 1,490.35 FEET TO A POINT, THENCE S 41 DEG. 46 MIN. 26 SEC. E A DISTANCE OF 782.64 FEET TO A POINT, THENCE S 41 DEG. 45 MIN. 32 SEC. E A DISTANCE OF 985.17 FEET TO A POINT, THENCE S 39 DEG. 45 MIN. 28 SEC. E A DISTANCE OF 917.80 FEET TO A POINT, THENCE S 38 DEG. 26 MIN. 33 SEC. E A DISTANCE OF 991.54 FEET TO A POINT, THENCE S 34 DEG. 38 MIN. 54 SEC. E A DISTANCE OF 1,017.28 FEET TO A POINT, THENCE S 32 DEG. 57 MIN. 07 SEC. E A DISTANCE OF 1,221.01 FEET TO A POINT, THENCE S 31 DEG. 26 MIN. 48 SEC. E A DISTANCE OF 944.75 FEET TO A POINT, THENCE S 34 DEG. 15 MIN. 18 SEC. E A DISTANCE OF 1,087.07 FEET TO A POINT, THENCE S 35 DEG. 31 MIN. 29 SEC. E A DISTANCE OF 975.52 FEET TO A POINT, THENCE S 34 DEG. 03 MIN. 58 SEC. E A DISTANCE OF 1,090.87 FEET TO A POINT, THENCE S 33 DEG. 39 MIN. 59 SEC. E A DISTANCE OF 861.93 FEET TO A POINT, THENCE S 31 DEG. 18 MIN. 06 SEC. E A DISTANCE OF 544.61 FEET TO A POINT, THENCE S 31 DEG. 18 MIN. 06 SEC. E TO THE INTERSECTION OF THE MANATEE-SARASOTA COUNTY LINE, THENCE RUN EASTERLY ALONG THE MANATEE-SARASOTA COUNTY LINE TO A POINT LOCATED ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING THE TERMINUS POINT OF THE HEREIN DESCRIBED GENERAL PERMIT LINE (NORTH SEGMENT).

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.190 Charlotte County

The legal description for the Charlotte County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded January 29, 1985 in “setback Book 1, Pages 1A through 1G” of the public records of Charlotte County, Florida, said General Permit Line being more particularly described as follows:

COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 01-82-A01 AND RUN THENCE S 18 DEG. 09 MIN. 56 SEC. W A DISTANCE OF 244.71 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 27 DEG. 16 MIN. 46 SEC. W TO THE INTERSECTION OF THE CHARLOTTE-SARASOTA COUNTY LINE, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: WESTERLY ALONG THE CHARLOTTE-SARASOTA COUNTYLINE TO A POINT, THENCE S 26 DEG. 18 MIN. 22 SEC. E TO A POINT, SAID POINT BEING S 03 DEG. 38 MIN. 55 SEC. E A DISTANCE OF 823.63 FEET FROM PRM 01-82-A01. THENCE S 68 DEG. 12 MIN. 52 SEC. W A DISTANCE OF 25.06 FEET TO A POINT, THENCE S 25 DEG. 35 MIN. 18 SEC. E A DISTANCE OF 1,009.86 FEET TO A POINT, THENCE S 28 DEG. 30 MIN. 19 SEC. E A DISTANCE OF 1,022.79 FEET TO A POINT, THENCE S 27 DEG. 28 MIN. 19 SEC. E A DISTANCE OF 982.43 FEET TO A POINT, THENCE N 65 DEG. 51 MIN. 08 SEC. E A DISTANCE OF 25.04 FEET TO A POINT, THENCE S 27 DEG. 49 MIN. 58 SEC. E A DISTANCE OF 960.27 FEET TO A POINT, THENCE S 27 DEG. 57 MIN. 03 SEC. E A DISTANCE OF 946.03 FEET TO A POINT, THENCE S 29 DEG. 11 MIN. 15 SEC. E A DISTANCE OF 1016.05 FEET TO A POINT, THENCE S 29 DEG. 09 MIN. 25 SEC. E A DISTANCE OF 877.72 FEET TO A POINT, THENCE S 29 DEG. 52 MIN. 38 SEC. E A DISTANCE OF 1130.05 FEET TO A POINT, THENCE S 26 DEG. 41 MIN. 55 SEC. E A DISTANCE OF 991.32 FEET TO A POINT, THENCE S 27 DEG. 43 MIN. 00 SEC. E A DISTANCE OF 1,070.94 FEET TO A POINT, THENCE S 26 DEG. 51 MIN. 45 SEC. E A DISTANCE OF 1,024.00 FEET TO A POINT, THENCE S 29 DEG. 32 MIN. 19 SEC. E A DISTANCE OF 1,080.49 FEET TO A POINT, THENCE N 63 DEG. 02 MIN. 33 SEC. E A DISTANCE OF 77.87 FEET TO A POINT, THENCE S 22 DEG. 43 MIN. 00 SEC. E A DISTANCE OF 986.10 FEET TO A POINT, THENCE S 38 DEG. 38 MIN. 23 SEC. E A DISTANCE OF 327.67 FEET TO A POINT, THENCE N 58 DEG. 59 MIN. 32 SEC. E A DISTANCE OF 18.53 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE (CHARLOTTE COUNTY).

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.200 Bay County

The legal description for the Bay County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded February 7, 1997 in “O.R. book 1687, Pages 1048 through 1065,” and in “Coastal Construction Control Line Book 2, Pages 1 through 12,” of the public records of Bay County, Florida, said General Permit Line being more particularly described as follows:

SEGMENT 1: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 46-76-B03 AND RUN THENCE S 51 DEG. 17 MIN. 40 SEC. E A DISTANCE OF 404.71 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 63 DEG. 42 MIN. 18 SEC. W A DISTANCE OF 500.53 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 26 DEG. 17 MIN. 42 SEC. W A DISTANCE OF 28.83 FEET TO A POINT, THENCE S 63 DEG. 23 MIN. 14 SEC. E A DISTANCE OF 493.90 FEET TO A POINT, THENCE S 61 DEG. 04 MIN. 12 SEC. E A DISTANCE OF 860.30 FEET TO A POINT, THENCE S 65 DEG. 01 MIN. 52 SEC. E A DISTANCE OF 993.55 FEET TO A POINT, THENCE S 62 DEG. 41 MIN. 01 SEC. E A DISTANCE OF 996.14 FEET TO A POINT, THENCE S 63 DEG. 44 MIN. 00 SEC. E A DISTANCE OF 436.13 FEET TO A POINT, THENCE N 27 DEG. 06 MIN. 21 SEC. E A DISTANCE OF 42.51 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 1 (BAY COUNTY). SEGMENT 2: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 46-91-DA16 AND RUN THENCE S 60 DEG. 03 MIN. 31 SEC. E A DISTANCE OF 575.74 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 61 DEG. 22 MIN. 35 SEC. W A DISTANCE OF 673.00 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 28 DEG. 37 MIN. 25 SEC. W A DISTANCE OF 102.13 FEET TO A POINT, THENCE S 61 DEG. 57 MIN. 41 SEC. E A DISTANCE OF 668.59 FEET TO A POINT, THENCE S 61 DEG. 22 MIN. 14 SEC. E A DISTANCE OF 911.20 FEET TO A POINT, THENCE S 62 DEG. 58 MIN. 23 SEC. E A DISTANCE OF 1,006.41 FEET TO A POINT, THENCE S 60 DEG. 42 MIN. 07 SEC. E A DISTANCE OF 762.07 FEET TO A POINT, THENCE N 27 DEG. 32 MIN. 07 SEC. E A DISTANCE OF 114.45 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, SEGMENT 2 (BAY COUNTY). SEGMENT 3: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 46-91-DA14 AND RUN THENCE N 68 DEG. 36 MIN. 06 SEC. W A DISTANCE OF 118.52 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 58 DEG. 23 MIN. 48 SEC. W A DISTANCE OF 64.06 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 31 DEG. 36 MIN. 12 SEC. W A DISTANCE OF 94.05 FEET TO A POINT, THENCE S 58 DEG. 04 MIN. 48 SEC. E A DISTANCE OF 1,036.71 FEET TO A POINT, THENCE S 57 DEG. 54 MIN. 03 SEC. E A DISTANCE OF 650.15 FEET TO A POINT, THENCE N 32 DEG. 58 MIN. 17 SEC. E A DISTANCE OF 88.70 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, SEGMENT 3 (BAY COUNTY). SEGMENT 4: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 46-76-B16 AND RUN THENCE S 55 DEG. 45 MIN. 19 SEC. E A DISTANCE OF 615.75 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 56 DEG. 25 MIN. 35 SEC. E A DISTANCE OF 1,042.34 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 36 DEG. 07 MIN. 15 SEC. W A DISTANCE OF 105.07 FEET TO A POINT, THENCE S 57 DEG. 06 MIN. 51 SEC. E A DISTANCE OF 1,000.02 FEET TO A POINT, THENCE S 56 DEG. 30 MIN. 43 SEC. E A DISTANCE OF 1,000.63 FEET TO A POINT, THENCE N 31 DEG. 51 MIN. 14 SEC. E A DISTANCE OF 67.76 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, SEGMENT 4 (BAY COUNTY). SEGMENT 5: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 46-76-B23 AND RUN THENCE S 06 DEG. 12 MIN. 52 SEC. W A DISTANCE OF 236.84 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 55 DEG. 07 MIN. 58 SEC. E A DISTANCE OF 771.85 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 34 DEG. 52 MIN. 02 SEC. W A DISTANCE OF 61.33 FEET TO A POINT, THENCE S 55 DEG. 13 MIN. 31 SEC. E A DISTANCE OF 1097.33 FEET TO A POINT, THENCE N 53 DEG. 18 MIN. 32 SEC. E A DISTANCE OF 53.80 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, SEGMENT 5, (BAY COUNTY). SEGMENT 6: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 46-91-DA12 AND RUN THENCE S 00 DEG. 02 MIN. 01 SEC. W A DISTANCE OF 78.03 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 53 DEG. 54 MIN. 23 SEC. E A DISTANCE OF 858.37 FEET TO A POINT, THENCE S 53 DEG. 01 MIN. 32 SEC. E A DISTANCE OF 317.30 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 36 DEG. 58 MIN. 28 SEC. W A DISTANCE OF 60.32 FEET TO A POINT, THENCE S 52 DEG. 06 MIN. 52 SEC. E A DISTANCE OF 842.76 FEET TO A POINT, THENCE S 52 DEG. 20 MIN. 04 SEC. E A DISTANCE OF 406.06 FEET TO A POINT, THENCE N 37 DEG. 26 MIN. 22 SEC. E A DISTANCE OF 75.15 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 6 (BAY COUNTY). SEGMENT 7: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 46-91-DA09 AND RUN THENCE S 88 DEG. 42 MIN. 41 SEC. W A DISTANCE OF 1,181.49 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 51 DEG. 09 MIN. 08 SEC. W A DISTANCE OF 68.71 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 38 DEG. 50 MIN. 52 SEC. W A DISTANCE OF 114.18 FEET TO A POINT, THENCE S 51 DEG. 43 MIN. 32 SEC. E A DISTANCE OF 84.36 FEET TO A POINT, THENCE S 48 DEG. 59 MIN. 08 SEC. E A DISTANCE OF 918.97 FEET TO A POINT, THENCE N 40 DEG. 02 MIN. 12 SEC. E A DISTANCE OF 128.67 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, SEGMENT 7 (BAY COUNTY). SEGMENT 8: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 46-91-DA07 AND RUN THENCE S 87 DEG. 30 MIN. 41 SEC. W A DISTANCE OF 949.57 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 49 DEG. 06 MIN. 57 SEC. E A DISTANCE OF 283.80 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 40 DEG. 53 MIN. 03 SEC. W A DISTANCE OF 61.10 FEET TO A POINT, THENCE S 47 DEG. 46 MIN. 24 SEC. E A DISTANCE OF 530.34 FEET TO A POINT THENCE S 46 DEG. 59 MIN. 54 SEC. E A DISTANCE OF 1,066.87 FEET TO A POINT, THENCE S 47 DEG. 02 MIN. 07 SEC. E A DISTANCE OF 863.22 FEET TO A POINT, THENCE S 46 DEG. 14 MIN. 07 SEC. E A DISTANCE OF 1,860.34 FEET TO A POINT, THENCE N 43 DEG. 31 MIN. 52 SEC. E A DISTANCE OF 68.87 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, SEGMENT 8 (BAY COUNTY). SEGMENT 9: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 46-76-A09 AND RUN THENCE N 32 DEG. 41 MIN. 52 SEC. W A DISTANCE OF 494.98 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 73 DEG. 50 MIN. 54 SEC. E A DISTANCE OF 828.60 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 16 DEG. 09 MIN. 06 SEC. W A DISTANCE OF 129.75 FEET TO A POINT, THENCE S 76 DEG. 55 MIN. 51 SEC. E A DISTANCE OF 694.76 FEET TO A POINT, THENCE S 70 DEG. 27 MIN. 41 SEC. E A DISTANCE OF 1,007.84 FEET TO A POINT, THENCE S 63 DEG. 38 MIN. 27 SEC. E A DISTANCE OF 1,060.55 FEET TO A POINT, THENCE S 63 DEG. 38 MIN. 27 SEC. E A DISTANCE OF 261.00 FEET TO A POINT, THENCE S 59 DEG. 13 MIN. 25 SEC. E A DISTANCE OF 769.54 FEET TO A POINT, THENCE S 56 DEG. 37 MIN. 10 SEC. E A DISTANCE OF 1,016.66 FEET TO A POINT, THENCE S 56 DEG. 51 MIN. 40 SEC. E A DISTANCE OF 1027.45 FEET TO A POINT, THENCE S 55 DEG. 35 MIN. 00 SEC. E A DISTANCE OF 51.83 FEET TO A POINT, THENCE N 34 DEG. 19 MIN. 25 SEC. E A DISTANCE OF 24.70 FEET TO A POINT, THENCE S 55 DEG. 32 MIN. 13 SEC. E A DISTANCE OF 955.81 FEET TO A POINT, THENCE S 36 DEG. 08 MIN. 38 SEC. W A DISTANCE OF 25.01 FEET TO A POINT, THENCE S 52 DEG. 10 MIN. 02 SEC. E A DISTANCE OF 1,187.53 FEET TO A POINT, THENCE S 52 DEG. 20 MIN. 24 SEC. E A DISTANCE OF 949.44 FEET TO A POINT, THENCE S 50 DEG. 09 MIN. 07 SEC. E A DISTANCE OF 1,034.47 FEET TO A POINT, THENCE S 48 DEG. 20 MIN. 33 SEC. E A DISTANCE OF 995.57 FEET TO A POINT, THENCE S 46 DEG. 51 MIN. 16 SEC. E A DISTANCE OF 992.54 FEET TO A POINT, THENCE S 46 DEG. 02 MIN. 31 SEC. E A DISTANCE OF 1,010.53 FEET TO A POINT, THENCE S 45 DEG. 45 MIN. 57 SEC. E A DISTANCE OF 998.22 FEET TO A POINT, THENCE S 44 DEG. 20 MIN. 13 SEC. E A DISTANCE OF 1005.10 FEET TO A POINT, THENCE S 43 DEG. 09 MIN. 24 SEC. E A DISTANCE OF 935.59 FEET TO A POINT, THENCE S 42 DEG. 52 MIN. 00 SEC. E A DISTANCE OF 492.61 FEET TO A POINT, THENCE S 42 DEG. 52 MIN. 00 SEC. E TO THE INTERSECTION OF THE BAY-GULF COUNTY LINE, THENCE RUN NORTHERLY ALONG THE BAY-GULF COUNTY LINE TO A POINT LOCATED ON THE COASTAL CONSTRUCTION CONTROL LINE, SAID POINT BEING THE TERMINUS POINT OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, SEGMENT 9 (BAY COUNTY).

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.210 Escambia County

The legal description for the Escambia County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded June 19, 1986 in “Plat book 13, Page 23, sheets A through O, inclusive,” of the public records of Escambia County, Florida, said General Permit Line being more particularly described as follows:

COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 48-84-B17 AND RUN THENCE S 18 DEG. 12 MIN. 25 SEC. W A DISTANCE OF 605.80 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 79 DEG. 06 MIN. 05 SEC. E A DISTANCE OF 615.00 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 09 DEG. 44 MIN. 27 SEC. E A DISTANCE OF 101.78 FEET TO A POINT, THENCE N 79 DEG. 40 MIN. 33 SEC. E A DISTANCE OF 1,977.20 FEET TO A POINT, THENCE S 10 DEG. 11 MIN. 35 SEC. E A DISTANCE OF 25.00 FEET TO A POINT, THENCE N 79 DEG. 23 MIN. 06 SEC. E A DISTANCE OF 1,069.52 FEET TO A POINT, THENCE N 82 DEG. 23 MIN. 25 SEC. E A DISTANCE OF 853.09 FEET TO A POINT, THENCE N 80 DEG. 05 MIN. 29 SEC. E A DISTANCE OF 950.36 FEET TO A POINT, THENCE N 79 DEG. 25 MIN. 53 SEC. E A DISTANCE OF 1,984.01 FEET TO A POINT, THENCE N 76 DEG. 37 MIN. 33 SEC. E A DISTANCE OF 944.05 FEET TO A POINT, THENCE N 79 DEG. 12 MIN. 36 SEC. E A DISTANCE OF 1,013.13 FEET TO A POINT, THENCE N 79 DEG. 08 MIN. 06 SEC. E A DISTANCE OF 1693.07 FEET TO A POINT, THENCE N 08 DEG. 49 MIN. 00 SEC. W A DISTANCE OF 25.02 FEET TO A POINT, THENCE N 79 DEG. 01 MIN. 38 SEC. E A DISTANCE OF 200.66 FEET TO A POINT, THENCE N 79 DEG. 04 MIN. 30 SEC. E A DISTANCE OF 1,122.57 FEET TO A POINT, THENCE N 78 DEG. 05 MIN. 53 SEC. E A DISTANCE OF 755.95 FEET TO A POINT, THENCE S 14 DEG. 16 MIN. 06 SEC. E A DISTANCE OF 25.02 FEET TO A POINT, THENCE N 78 DEG. 05 MIN. 53 SEC. E A DISTANCE OF 175.73 FEET TO A POINT, THENCE N 78 DEG. 11 MIN. 47 SEC. E A DISTANCE OF 1,018.19 FEET TO A POINT, THENCE N 78 DEG. 00 MIN. 31 SEC. E A DISTANCE OF 925.54 FEET TO A POINT, THENCE N 08 DEG. 40 MIN. 43 SEC. W A DISTANCE OF 143.47 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE.

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.220 Franklin County

The legal description for the Franklin County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded April 30, 1984 in the “CCCL Book,” Pages 1 through 10, of the public records of Franklin County, Florida, said General Permit Line being more particularly described as follows:

COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 49-80-B12 AND RUN THENCE S 60 DEG. 51 MIN. 46 SEC. E A DISTANCE OF 369.12 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 64 DEG. 42 MIN. 53 SEC. E A DISTANCE OF 968.27 FEET TO A POINT, THENCE N 65 DEG. 22 MIN. 40 SEC. E A DISTANCE OF 1,130.82 FEET TO A POINT, THENCE N 67 DEG. 33 MIN. 16 SEC. E A DISTANCE OF 530.25 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 22 DEG. 26 MIN. 46 SEC. E A DISTANCE OF 139.40 FEET TO A POINT, THENCE N 67 DEG. 19 MIN. 01 SEC. E A DISTANCE OF 585.74 FEET TO A POINT, THENCE N 67 DEG. 45 MIN. 25 SEC. E A DISTANCE OF 991.53 FEET TO A POINT, THENCE N 68 DEG. 31 MIN. 40 SEC. E A DISTANCE OF 1,042.20 FEET TO A POINT, THENCE N 70 DEG. 38 MIN. 56 SEC. E A DISTANCE OF 1,065.53 FEET TO A POINT, THENCE N 70 DEG. 07 MIN. 00 SEC. E A DISTANCE OF 1,021.05 FEET TO A POINT, THENCE N 72 DEG. 04 MIN. 17 SEC. E A DISTANCE OF 1,017.10 FEET TO A POINT, THENCE N 72 DEG. 38 MIN. 48 SEC. E A DISTANCE OF 1,040.36 FEET TO A POINT, THENCE N 70 DEG. 42 MIN. 49 SEC. E A DISTANCE OF 980.46 FEET TO A POINT, THENCE N 72 DEG. 27 MIN. 48 SEC. E A DISTANCE OF 715.05 FEET TO A POINT, THENCE N 17 DEG. 36 MIN. 40 SEC. W A DISTANCE OF 126.20 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE.

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.230 Gulf County

The legal description for the Gulf County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded February 5, 1986 in the “Misc. Plat Book 1, Pp 12, Pages 1 through 13,” of the public records of Gulf County, Florida, said General Permit Line being more particularly described as follows:

NORTH SEGMENT: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 46-76-A03 AND RUN THENCE N 46 DEG. 32 MIN. 52 SEC. E A DISTANCE OF 139.81 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 42 DEG. 20 MIN. 13 SEC. W TO THE GULF-BAY COUNTY LINE; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE SOUTHERLY ALONG THE GULF-BAY COUNTY LINE TO A POINT, THENCE S 42 DEG. 38 MIN. 14 SEC. E TO A POINT, SAID POINT BEING S 42 DEG. 54 MIN. 32 SEC. E A DISTANCE OF 995.98 FEET FROM P.R.M. 46-76-A03, THENCE S 43 DEG. 03 MIN. 17 SEC. E A DISTANCE OF 1,021.95 FEET TO A POINT, THENCE S 41 DEG. 33 MIN. 12 SEC. E A DISTANCE OF 1,018.28 FEET TO A POINT, THENCE S 39 DEG. 58 MIN. 58 SEC. E A DISTANCE OF 1,022.51 FEET TO A POINT, THENCE S 40 DEG. 11 MIN. 01 SEC. E A DISTANCE OF 1,005.36 FEET TO A POINT, THENCE S 40 DEG. 09 MIN. 04 SEC. E A DISTANCE OF 986.56 FEET TO A POINT, THENCE S 39 DEG. 15 MIN. 27 SEC. E A DISTANCE OF 1,020.99 FEET TO A POINT, THENCE S 39 DEG. 33 MIN. 44 SEC. E A DISTANCE OF 1,016.62 FEET TO A POINT, THENCE S 39 DEG. 17 MIN. 50 SEC. E A DISTANCE OF 997.29 FEET TO A POINT, THENCE S 38 DEG. 26 MIN. 59 SEC. E A DISTANCE OF 1,003.32 FEET TO A POINT, THENCE S 36 DEG. 26 MIN. 40 SEC. E A DISTANCE OF 977.19 FEET TO A POINT, THENCE S 35 DEG. 46 MIN. 08 SEC. E A DISTANCE OF 1000.45 FEET TO A POINT, THENCE S 36 DEG. 50 MIN. 13 SEC. E A DISTANCE OF 1,004.02 FEET TO A POINT, THENCE S 32 DEG. 06 MIN. 44 SEC. E A DISTANCE OF 996.49 FEET TO A POINT, THENCE S 31 DEG. 11 MIN. 16 SEC. E A DISTANCE OF 911.37 FEET TO A POINT, THENCE N 58 DEG. 54 MIN. 17 SEC. E A DISTANCE OF 150.50 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE, NORTH SEGMENT (GULF COUNTY). SOUTH SEGMENT: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 51-83-B33 AND RUN THENCE S 10 DEG. 31 MIN. 17 SEC. E A DISTANCE OF 770.35 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 59 DEG. 08 MIN. 27 SEC. E A DISTANCE OF 1,048.58 FEET TO A POINT, THENCE N 67 DEG. 01 MIN. 56 SEC. E A DISTANCE OF 998.66 FEET TO A POINT, THENCE N 66 DEG. 51 MIN. 52 SEC. E A DISTANCE OF 1,037.78 FEET TO A POINT, THENCE N 71 DEG. 48 MIN. 29 SEC. E A DISTANCE OF 391.80 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 18 DEG. 11 MIN. 31 SEC. E A DISTANCE OF 73.43 FEET TO A POINT, THENCE N 71 DEG. 21 MIN. 19 SEC. E A DISTANCE OF 736.39 FEET TO A POINT, THENCE N 72 DEG. 33 MIN. 59 SEC. E A DISTANCE OF 939.41 FEET TO A POINT, THENCE N 76 DEG. 13 MIN. 16 SEC. E A DISTANCE OF 1,001.91 FEET TO A POINT, THENCE N 77 DEG. 04 MIN. 17 SEC. E A DISTANCE OF 1,072.96 FEET TO A POINT, THENCE N 78 DEG. 39 MIN. 10 SEC. E A DISTANCE OF 1,069.79 FEET TO A POINT, THENCE N 80 DEG. 08 MIN. 04 SEC. E A DISTANCE OF 1,009.83 FEET TO A POINT, THENCE N 82 DEG. 54 MIN. 01 SEC. E A DISTANCE OF 131.45 FEET TO A POINT, THENCE N 08 DEG. 10 MIN. 02 SEC. W A DISTANCE OF 102.82 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE , SOUTH SEGMENT (GULF COUNTY).

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.240 Brevard County

The legal description for the Brevard County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded December 4, 1986 in “Survey Book 2A, Pages 29 through 42.” Of the public records of Brevard County, Florida, said General Permit Line being more particularly described as follows:

SEGMENT 1: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 70-80-A03 AND RUN THENCE S 45 DEG. 21 MIN. 31 SEC. W A DISTANCE OF 417.78 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 13 DEG. 23 MIN. 54 SEC. W A DISTANCE OF 387.82 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 76 DEG. 36 MIN. 06 SEC. E A DISTANCE OF 109.79 FEET TO A POINT, THENCE S 13 DEG. 27 MIN. 05 SEC. W A DISTANCE OF 487.57 FEET TO A POINT, THENCE S 13 DEG. 02 MIN. 37 SEC. W A DISTANCE OF 959.33 FEET TO A POINT, THENCE S 14 DEG. 18 MIN. 03 SEC. W A DISTANCE OF 939.49 FEET TO A POINT, THENCE S 13 DEG. 35 MIN. 24 SEC. W A DISTANCE OF 993.71 FEET TO A POINT, THENCE S 12 DEG. 29 MIN. 25 SEC. W A DISTANCE OF 966.67 FEET TO A POINT, THENCE S 12 DEG. 10 MIN. 05 SEC. W A DISTANCE OF 982.29 FEET TO A POINT, THENCE S 11 DEG. 27 MIN. 15 SEC. W A DISTANCE OF 934.49 FEET TO A POINT, THENCE S 10 DEG. 22 MIN. 30 SEC. W A DISTANCE OF 996.11 FEET TO A POINT, THENCE S 10 DEG. 28 MIN. 05 SEC. W A DISTANCE OF 1,016.11 FEET TO A POINT, THENCE S 11 DEG. 14 MIN. 16 SEC. W A DISTANCE OF 957.15 FEET TO A POINT, THENCE S 09 DEG. 14 MIN. 47 SEC. W A DISTANCE OF 822.08 FEET TO A POINT, THENCE S 09 DEG. 09 MIN. 44 SEC. W A DISTANCE OF 989.25 FEET TO A POINT, THENCE S 08 DEG. 38 MIN. 28 SEC. W A DISTANCE OF 975.21 FEET TO A POINT, THENCE S 08 DEG. 29 MIN. 33 SEC. W A DISTANCE OF 1,040.29 FEET TO A POINT, THENCE S 04 DEG. 39 MIN. 43 SEC. W A DISTANCE OF 885.87 FEET TO A POINT, THENCE S 06 DEG. 43 MIN. 56 SEC. W A DISTANCE OF 859.33 FEET TO A POINT, THENCE S 88 DEG. 00 MIN. 13 SEC. W A DISTANCE OF 103.03 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 1 (BREVARD COUNTY). SEGMENT 2: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 70-80-A11 AND RUN THENCE S 83 DEG. 02 MIN. 01 SEC. E A DISTANCE OF 896.25 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 06 DEG. 40 MIN. 02 SEC. W A DISTANCE OF 772.90 FEET TO A POINT, THENCE S 03 DEG. 51 MIN. 42 SEC. W A DISTANCE OF 958.36 FEET TO A POINT, THENCE S 04 DEG. 33 MIN. 18 SEC. W A DISTANCE OF 969.56 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 87 DEG. 53 MIN. 19 SEC. E A DISTANCE OF 102.13 FEET TO A POINT, THENCE S 04 DEG. 14 MIN. 39 SEC. W A DISTANCE OF 1,019.51 FEET TO A POINT, THENCE S 02 DEG. 34 MIN. 51 SEC. W A DISTANCE OF 973.06 FEET TO A POINT, THENCE S 01 DEG. 26 MIN. 40 SEC. W A DISTANCE OF 991.81 FEET TO A POINT, THENCE S 02 DEG. 37 MIN. 31 SEC. W A DISTANCE OF 971.62 FEET TO A POINT, THENCE S 00 DEG. 57 MIN. 37 SEC. W A DISTANCE OF 805.57 FEET TO A POINT, THENCE S 02 DEG. 46 MIN. 56 SEC. W A DISTANCE OF 930.29 FEET TO A POINT, THENCE S 01 DEG. 08 MIN. 08 SEC. W A DISTANCE OF 905.31 FEET TO A POINT, THENCE S 00 DEG. 17 MIN. 50 SEC. E A DISTANCE OF 877.53 FEET TO A POINT, THENCE S 00 DEG. 07 MIN. 52 SEC. W A DISTANCE OF 1,075.89 FEET TO A POINT, THENCE S 02 DEG. 03 MIN. 20 SEC. E A DISTANCE OF 1,007.95 FEET TO A POINT, THENCE S 01 DEG. 21 MIN. 38 SEC. E A DISTANCE OF 941.70 FEET TO A POINT, THENCE S 01 DEG. 37 MIN. 42 SEC. E A DISTANCE OF 954.02 FEET TO A POINT, THENCE S 02 DEG. 51 MIN. 53 SEC. E A DISTANCE OF 998.51 FEET TO A POINT, THENCE S 01 DEG. 54 MIN. 19 SEC. E A DISTANCE OF 962.35 FEET TO A POINT, THENCE S 01 DEG. 02 MIN. 45 SEC. E A DISTANCE OF 987.45 FEET TO A POINT, THENCE S 02 DEG. 30 MIN. 44 SEC. E A DISTANCE OF 991.91 FEET TO A POINT, THENCE S 02 DEG. 01 MIN. 51 SEC. E A DISTANCE OF 960.29 FEET TO A POINT, THENCE S 06 DEG. 17 MIN. 00 SEC. E A DISTANCE OF 1,000.77 FEET TO A POINT, THENCE S 03 DEG. 13 MIN. 38 SEC. E A DISTANCE OF 940.96 FEET TO A POINT, THENCE S 03 DEG. 53 MIN. 15 SEC. E A DISTANCE OF 1028.50 FEET TO A POINT, THENCE S 04 DEG. 00 MIN. 36 SEC. E A DISTANCE OF 954.23 FEET TO A POINT, THENCE S 05 DEG. 14 MIN. 43 SEC. E A DISTANCE OF 912.64 FEET TO A POINT, THENCE S 03 DEG. 09 MIN. 48 SEC. E A DISTANCE OF 945.63 FEET TO A POINT, THENCE S 03 DEG. 56 MIN. 01 SEC. E A DISTANCE OF 720.06 FEET TO A POINT, THENCE S 86 DEG. 12 MIN. 00 SEC. W A DISTANCE OF 116.31 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 2 (BREVARD COUNTY). SEGMENT 3: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 70-80-A25 AND RUN THENCE N 7 DEG. 29 MIN. 47 SEC. W A DISTANCE OF 315.43 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 06 DEG. 55 MIN. 12 SEC. E A DISTANCE OF 369.26 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 89 DEG. 49 MIN. 38 SEC. E A DISTANCE OF 231.16 FEET TO A POINT, THENCE S 06 DEG. 51 MIN. 31 SEC. E A DISTANCE OF 635.87 FEET TO A POINT, THENCE S 06 DEG. 53 MIN. 49 SEC. E A DISTANCE OF 847.78 FEET TO A POINT, THENCE S 08 DEG. 04 MIN. 36 SEC. E A DISTANCE OF 1,007.33 FEET TO A POINT, THENCE S 07 DEG. 06 MIN. 16 SEC. E A DISTANCE OF 994.76 FEET TO A POINT, THENCE S 08 DEG. 21 MIN. 20 SEC. E A DISTANCE OF 1,021.59 FEET TO A POINT, THENCE S 09 DEG. 41 MIN. 11 SEC. E A DISTANCE OF 877.69 FEET TO A POINT, THENCE N 88 DEG. 44 MIN. 33 SEC. W A DISTANCE OF 169.16 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 3 (BREVARD COUNTY). SEGMENT 4: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) JLR 532 1965 AND RUN THENCE S 11 DEG. 46 MIN. 12 SEC. E A DISTANCE OF 147.49 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 11 DEG. 40 MIN. 10 SEC. E A DISTANCE OF 994.27 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 81 DEG. 10 MIN. 36 SEC. E A DISTANCE OF 177.55 FEET TO A POINT, THENCE S 11 DEG. 56 MIN. 40 SEC. E A DISTANCE OF 734.60 FEET TO A POINT, THENCE S 12 DEG. 29 MIN. 40 SEC. E A DISTANCE OF 991.72 FEET TO A POINT, THENCE S 13 DEG. 29 MIN. 36 SEC. E A DISTANCE OF 872.88 FEET TO A POINT, THENCE S 12 DEG. 28 MIN. 50 SEC. E A DISTANCE OF 1,134.17 FEET TO A POINT, THENCE S 12 DEG. 54 MIN. 39 SEC. E A DISTANCE OF 886.13 FEET TO A POINT, THENCE S 10 DEG. 49 MIN. 39 SEC. E A DISTANCE OF 623.18 FEET TO A POINT, THENCE S 11 DEG. 56 MIN. 22 SEC. E A DISTANCE OF 893.94 FEET TO A POINT, THENCE S 13 DEG. 44 MIN. 06 SEC. E A DISTANCE OF 893.98 FEET TO A POINT, THENCE S 13 DEG. 32 MIN. 12 SEC. E A DISTANCE OF 997.00 FEET TO A POINT, THENCE S 12 DEG. 44 MIN. 09 SEC. E A DISTANCE OF 997.21 FEET TO A POINT, THENCE S 15 DEG. 14 MIN. 04 SEC. E A DISTANCE OF 772.10 FEET TO A POINT, THENCE S 12 DEG. 21 MIN. 24 SEC. E A DISTANCE OF 940.77 FEET TO A POINT, THENCE S 13 DEG. 18 MIN. 47 SEC. E A DISTANCE OF 931.99 FEET TO A POINT, THENCE S 12 DEG. 45 MIN. 23 SEC. E A DISTANCE OF 1,002.85 FEET TO A POINT, THENCE S 11 DEG. 57 MIN. 54 SEC. E A DISTANCE OF 960.21 FEET TO A POINT, THENCE S 12 DEG. 40 MIN. 04 SEC. E A DISTANCE OF 994.45 FEET TO A POINT, THENCE S 12 DEG. 59 MIN. 52 SEC. E A DISTANCE OF 997.53 FEET TO A POINT, THENCE S 12 DEG. 47 MIN. 56 SEC. E A DISTANCE OF 977.41 FEET TO A POINT, THENCE S 14 DEG. 09 MIN. 22 SEC. E A DISTANCE OF 998.28 FEET TO A POINT, THENCE S 13 DEG. 45 MIN. 37 SEC. E A DISTANCE OF 902.76 FEET TO A POINT, THENCE S 13 DEG. 10 MIN. 13 SEC. E A DISTANCE OF 672.64 FEET TO A POINT, THENCE S 13 DEG. 16 MIN. 32 SEC. E A DISTANCE OF 1,297.01 FEET TO A POINT, THENCE S 13 DEG. 24 MIN. 57 SEC. E A DISTANCE OF 955.41 FEET TO A POINT, THENCE S 13 DEG. 30 MIN. 32 SEC. E A DISTANCE OF 917.03 FEET TO A POINT, THENCE S 14 DEG. 20 MIN. 06 SEC. E A DISTANCE OF 2,082.05 FEET TO A POINT, THENCE S 14 DEG. 33 MIN. 34 SEC. E A DISTANCE OF 836.12 FEET TO A POINT, THENCE S 13 DEG. 13 MIN. 37 SEC. E A DISTANCE OF 1,017.14 FEET TO A POINT, THENCE S 15 DEG. 43 MIN. 05 SEC. E A DISTANCE OF 894.60 FEET TO A POINT, THENCE S 15 DEG. 38 MIN. 40 SEC. E A DISTANCE OF 897.43 FEET TO A POINT, THENCE S 15 DEG. 09 MIN. 50 SEC. E A DISTANCE OF 1,146.42 FEET TO A POINT, THENCE S 15 DEG. 17 MIN. 23 SEC. E A DISTANCE OF 753.36 FEET TO A POINT, THENCE S 16 DEG. 02 MIN. 49 SEC. E A DISTANCE OF 939.80 FEET TO A POINT, THENCE S 16 DEG. 13 MIN. 34 SEC. E A DISTANCE OF 970.24 FEET TO A POINT, THENCE S 16 DEG. 04 MIN. 07 SEC. E A DISTANCE OF 964.56 FEET TO A POINT, THENCE S 16 DEG. 38 MIN. 52 SEC. E A DISTANCE OF 910.01 FEET TO A POINT, THENCE S 17 DEG. 15 MIN. 38 SEC. E A DISTANCE OF 1055.90 FEET TO A POINT, THENCE S 17 DEG. 08 MIN. 21 SEC. E A DISTANCE OF 834.76 FEET TO A POINT, THENCE S 16 DEG. 09 MIN. 04 SEC. E A DISTANCE OF 945.26 FEET TO A POINT, THENCE S 16 DEG. 45 MIN. 15 SEC. E A DISTANCE OF 1,020.29 FEET TO A POINT, THENCE S 17 DEG. 36 MIN. 43 SEC. E A DISTANCE OF 996.32 FEET TO A POINT, THENCE S 18 DEG. 18 MIN. 38 SEC. E A DISTANCE OF 994.26 FEET TO A POINT, THENCE S 18 DEG. 39 MIN. 27 SEC. E A DISTANCE OF 841.17 FEET TO A POINT, THENCE S 19 DEG. 33 MIN. 53 SEC. E A DISTANCE OF 843.76 FEET TO A POINT, THENCE S 19 DEG. 33 MIN. 15 SEC. E A DISTANCE OF 1,067.27 FEET TO A POINT, THENCE S 19 DEG. 26 MIN. 58 SEC. E A DISTANCE OF 984.44 FEET TO A POINT, THENCE S 20 DEG. 08 MIN. 16 SEC. E A DISTANCE OF 895.95 FEET TO A POINT, THENCE S 20 DEG. 13 MIN. 41 SEC. E A DISTANCE OF 780.98 FEET TO A POINT, THENCE S 21 DEG. 55 MIN. 34 SEC. E A DISTANCE OF 1,096.69 FEET TO A POINT, THENCE S 21 DEG. 09 MIN. 03 SEC. E A DISTANCE OF 1,031.42 FEET TO A POINT, THENCE S 21 DEG. 26 MIN. 16 SEC. E A DISTANCE OF 968.97 FEET TO A POINT, THENCE S 21 DEG. 45 MIN. 15 SEC. E A DISTANCE OF 1,009.44 FEET TO A POINT, THENCE S 22 DEG. 09 MIN. 00 SEC. E A DISTANCE OF 734.96 FEET TO A POINT, THENCE S 22 DEG. 23 MIN. 01 SEC. E A DISTANCE OF 1,175.38 FEET TO A POINT, THENCE S 22 DEG. 23 MIN. 17 SEC. E A DISTANCE OF 1,117.72 FEET TO A POINT, THENCE S 21 DEG. 23 MIN. 29 SEC. E A DISTANCE OF 756.24 FEET TO A POINT, THENCE S 22 DEG. 13 MIN. 08 SEC. E A DISTANCE OF 1,021.45 FEET TO A POINT, THENCE S 21 DEG. 05 MIN. 15 SEC. E A DISTANCE OF 777.41 FEET TO A POINT, THENCE S 22 DEG. 17 MIN. 09 SEC. E A DISTANCE OF 987.92 FEET TO A POINT, THENCE S 23 DEG. 20 MIN. 12 SEC. E A DISTANCE OF 947.71 FEET TO A POINT, THENCE S 23 DEG. 08 MIN. 38 SEC. E A DISTANCE OF 875.26 FEET TO A POINT, THENCE S 22 DEG. 43 MIN. 21 SEC. E A DISTANCE OF 992.73 FEET TO A POINT, THENCE S 25 DEG. 32 MIN. 02 SEC. E A DISTANCE OF 985.76 FEET TO A POINT, THENCE S 23 DEG. 28 MIN. 01 SEC. E A DISTANCE OF 1,127.34 FEET TO A POINT, THENCE S 67 DEG. 35 MIN. 10 SEC. W A DISTANCE OF 163.53 FEET TO A POINT, CCCL SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 4 (BREVARD COUNTY). SEGMENT 5: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 70 80 A51 AND RUN THENCE S 24 DEG. 18 MIN. 54 SEC. E A DISTANCE OF 198.46 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 24 DEG. 04 MIN. 50 SEC. E A DISTANCE OF 1,222.67 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 67 DEG. 34 MIN. 58 SEC. E A DISTANCE OF 144.60 FEET TO A POINT, THENCE S 23 DEG. 40 MIN. 52 SEC. E A DISTANCE OF 956.48 FEET TO A POINT, THENCE S 24 DEG. 06 MIN. 12 SEC. E A DISTANCE OF 1,150.53 FEET TO A POINT, THENCE S 24 DEG. 45 MIN. 16 SEC. E A DISTANCE OF 825.97 FEET TO A POINT, THENCE S 24 DEG. 38 MIN. 04 SEC. E A DISTANCE OF 1,021.71 FEET TO A POINT, THENCE S 23 DEG. 46 MIN. 56 SEC. E A DISTANCE OF 941.31 FEET TO A POINT, THENCE S 24 DEG. 49 MIN. 21 SEC. E A DISTANCE OF 1006.33 FEET TO A POINT, THENCE S 25 DEG. 34 MIN. 05 SEC. E A DISTANCE OF 1,025.52 FEET TO A POINT, THENCE S 25 DEG. 37 MIN. 51 SEC. E A DISTANCE OF 924.78 FEET TO A POINT, THENCE S 25 DEG. 50 MIN. 35 SEC. E A DISTANCE OF 918.63 FEET TO A POINT, THENCE S 27 DEG. 20 MIN. 29 SEC. E A DISTANCE OF 1,050.72 FEET TO A POINT, THENCE S 27 DEG. 34 MIN. 00 SEC. E A DISTANCE OF 989.36 FEET TO A POINT, THENCE S 27 DEG. 32 MIN. 31 SEC. E A DISTANCE OF 205.85 FEET TO A POINT, THENCE S 61 DEG. 56 MIN. 17 SEC. W A DISTANCE OF 153.27 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 5 (BREVARD COUNTY). SEGMENT 6: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 70-80-A57 AND RUN THENCE S 44 DEG. 16 MIN. 12 SEC. E A DISTANCE OF 460.11 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 26 DEG. 41 MIN. 30 SEC. W A DISTANCE OF 1,060.95 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 70 DEG. 40 MIN. 25 SEC. E A DISTANCE OF 154.10 FEET TO A POINT, THENCE S 26 DEG. 30 MIN. 35 SEC. E A DISTANCE OF 1,037.46 FEET TO A POINT, THENCE S 25 DEG. 37 MIN. 15 SEC. E A DISTANCE OF 926.75 FEET TO A POINT,THENCE S 25 DEG. 53 MIN. 18 SEC. E A DISTANCE OF 922.93 FEET TO A POINT,THENCE S 25 DEG. 38 MIN. 53 SEC. E A DISTANCE OF 1,061.18 FEET TO A POINT, THENCE S 26 DEG. 16 MIN. 7 SEC. E A DISTANCE OF 995.69 FEET TO A POINT, THENCE S 26 DEG. 18 MIN. 29 SEC. E A DISTANCE OF 1,019.75 FEET TO A POINT, THENCE S 27 DEG. 39 MIN. 0 SEC. E A DISTANCE OF 704.20 FEET TO A POINT, THENCE S 26 DEG. 45 MIN. 41 SEC. E A DISTANCE OF 940.50 FEET TO A POINT, THENCE S 26 DEG. 42 MIN. 13 SEC. E A DISTANCE OF 982.49 FEET TO A POINT, THENCE S 27 DEG. 22 MIN. 50 SEC. E A DISTANCE OF 1,026.15 FEET TO A POINT, THENCE S 25 DEG. 59 MIN. 8 SEC. E A DISTANCE OF 944.95 FEET TO A POINT, THENCE S 27 DEG. 34 MIN. 14 SEC. E A DISTANCE OF 995.75 FEET TO A POINT, THENCE S 27 DEG. 36 MIN. 38 SEC. E A DISTANCE OF 1,039.09 FEET TO A POINT, THENCE S 27 DEG. 17 MIN. 58 SEC. E A DISTANCE OF 982.87 FEET TO A POINT, THENCE S 27 DEG. 28 MIN. 37 SEC. E A DISTANCE OF 979.11 FEET TO A POINT, THENCE S 27 DEG. 7 MIN. 1 SEC. E A DISTANCE OF 1,014.91 FEET TO A POINT, THENCE S 27 DEG. 39 MIN. 37 SEC. E A DISTANCE OF 1,016.40 FEET TO A POINT, THENCE S 28 DEG. 4 MIN. 55 SEC. E A DISTANCE OF 1,062.69 FEET TO A POINT, THENCE S 27 DEG. 17 MIN. 11 SEC. E A DISTANCE OF 863.69 FEET TO A POINT, THENCE S 28 DEG. 21 MIN. 20 SEC. E A DISTANCE OF 1,100.18 FEET TO A POINT, THENCE S 28 DEG. 30 MIN. 50 SEC. E A DISTANCE OF 604.49 FEET TO A POINT, THENCE S 61 DEG. 43 MIN. 21 SEC. W A DISTANCE OF 176.33 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 6 (BREVARD COUNTY). SEGMENT 7: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 70-80-A63 AND RUN THENCE S 50 DEG. 16 MIN. 08 SEC. E A DISTANCE OF 377.45 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 28 DEG. 05 MIN. 09 SEC. W A DISTANCE OF 701.63 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 61 DEG. 54 MIN. 51 SEC. E A DISTANCE OF 142.58 FEET TO A POINT, THENCE S 27 DEG. 33 MIN. 51 SEC. E A DISTANCE OF 677.26 FEET TO A POINT, THENCE S 27 DEG. 20 MIN. 59 SEC. E A DISTANCE OF 1,021.50 FEET TO A POINT, THENCE S 27 DEG. 37 MIN. 10 SEC. E A DISTANCE OF 984.19 FEET TO A POINT, THENCE S 26 DEG. 26 MIN. 50 SEC. E A DISTANCE OF 1,009.82 FEET TO A POINT, THENCE S 26 DEG. 50 MIN. 27 SEC. E A DISTANCE OF 936.55 FEET TO A POINT, THENCE S 26 DEG. 53 MIN. 48 SEC. E A DISTANCE OF 1,123.70 FEET TO A POINT, THENCE S 25 DEG. 19 MIN. 44 SEC. E A DISTANCE OF 1,033.42 FEET TO A POINT, THENCE S 27 DEG. 10 MIN. 35 SEC. E A DISTANCE OF 614.61 FEET TO A POINT, THENCE S 26 DEG. 21 MIN. 43 SEC. E A DISTANCE OF 604.47 FEET TO A POINT, THENCE S 68 DEG. 27 MIN. 29 SEC. W A DISTANCE OF 145.33 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 7 (BREVARD COUNTY).

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.250 Indian River County

The legal description for the Indian River County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded March 5, 1987 in “Plat Book 12, pages 32 through 32H,” of the public records of Indian River County, Florida, said General Permit Line being more particularly described as follows:

SEGMENT 1: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 88-78-A06 AND RUN THENCE S 76 DEG. 45 MIN. 35 SEC. E A DISTANCE OF 174.25 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 26 DEG. 04 MIN. 41 SEC. E A DISTANCE OF 312.85 FEET TO A POINT SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 63 DEG. 55 MIN. 19 SEC. E A DISTANCE OF 54.05 FEET TO A POINT, THENCE S 25 DEG. 33 MIN. 52 SEC. E A DISTANCE OF 501.02 FEET TO A POINT, THENCE S 24 DEG. 53 MIN. 45 SEC. E A DISTANCE OF 998.91 FEET TO A POINT, THENCE S 25 DEG. 15 MIN. 38 SEC. E A DISTANCE OF 987.87 FEET TO A POINT, THENCE S 24 DEG. 05 MIN. 55 SEC. E A DISTANCE OF 973.78 FEET TO A POINT, THENCE S 23 DEG. 38 MIN. 48 SEC. E A DISTANCE OF 1,012.33 FEET TO A POINT, THENCE S 24 DEG. 38 MIN. 11 SEC. E A DISTANCE OF 915.92 FEET TO A POINT, THENCE S 44 DEG. 18 MIN. 56 SEC. W A DISTANCE OF 86.84 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 1 (INDIAN RIVER COUNTY). SEGMENT 2: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 88-78-A15 AND RUN THENCE N 76 DEG. 54 MIN. 42 SEC. E A DISTANCE OF 265.38 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 20 DEG. 16 MIN. 31 SEC. E A DISTANCE OF 1,033.97 FEET TO A POINT, THENCE S 20 DEG. 26 MIN. 25SEC. E A DISTANCE OF 342.99 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 69 DEG. 33 MIN 36 SEC. E A DISTANCE OF 90.16 FEET TO A POINT, THENCE S 19 DEG. 49 MIN. 20 SEC. E A DISTANCE OF 676.02 FEET TO POINT,THENCE S 18 DEG. 10 MIN. 30 SEC. E A DISTANCE OF 983.64 FEET TO A POINT THENCE S 17 DEG. 12 MIN. 18 SEC. E A DISTANCE OF 1036.45 FEET TO A POINT, THENCE S 11 DEG. 32 MIN. 42 SEC. E A DISTANCE OF 1006.61 FEET TO A POINT, THENCE S 13 DEG. 14 MIN. 48 SEC. E A DISTANCE OF 971.92 FEET TO A POINT, THENCE S 15 DEG. 31 MIN. 11 SEC. E A DISTANCE OF 997.22 FEET TO A POINT, THENCE S 17 DEG. 48 MIN. 15 SEC. E A DISTANCE OF 928.23 FEET TO A POINT, THENCE S 14 DEG. 37 MIN. 08 SEC. E A DISTANCE OF 985.71 FEET TO A POINT, THENCE S 15 DEG. 06 MIN. 52 SEC. E A DISTANCE OF 991.77 FEET TO A POINT, THENCE S 18 DEG. 50 MIN. 41 SEC. E A DISTANCE OF 1,159.82 FEET TO A POINT, THENCE S 21 DEG. 18 MIN. 22 SEC. E A DISTANCE OF 961.40 FEET TO A POINT, THENCE S 16 DEG. 51 MIN. 46 SEC. E A DISTANCE OF 1,002.21 FEET TO A POINT, THENCE S 15 DEG. 36 MIN. 30 SEC. E A DISTANCE OF 982.26 FEET TO A POINT, THENCE S 16 DEG. 08 MIN. 21 SEC. E A DISTANCE OF 1,103.92 FEET TO A POINT, THENCE S 18 DEG. 46 MIN. 40 SEC. E A DISTANCE OF 495.74 FEET TO A POINT, THENCE S 18 DEG. 46 MIN. 40 SEC. E A DISTANCE OF 436.34 FEET TO A POINT, THENCE S 18 DEG. 02 MIN. 41 SEC. E A DISTANCE OF 1026.61 FEET TO A POINT, THENCE S 19 DEG. 48 MIN. 40 SEC. E A DISTANCE OF 922.91 FEET TO A POINT, THENCE S 17 DEG. 48 MIN. 27 SEC. E A DISTANCE OF 979.34 FEET TO A POINT, THENCE S 19 DEG. 18 MIN. 16 SEC. E A DISTANCE OF 1,138.25 FEET TO A POINT, THENCE S 19 DEG. 53 MIN. 42 SEC. E A DISTANCE OF 1,031.58 FEET TO A POINT, THENCE S 13 DEG. 54 MIN. 00 SEC. E A DISTANCE OF 1,102.98 FEET TO A POINT, THENCE S 12 DEG. 01 MIN. 21 SEC. E A DISTANCE OF 986.38 FEET TO A POINT, THENCE S 16 DEG. 22 MIN. 57 SEC. E A DISTANCE OF 942.41 FEET TO A POINT, THENCE S 15 DEG. 32 MIN. 29 SEC. E A DISTANCE OF 1,066.92 FEET TO A POINT, THENCE S 14 DEG. 46 MIN. 13 SEC. E A DISTANCE OF 649.06 FEET TO A POINT, THENCE N 78 DEG. 46 MIN. 28 SEC. E A DISTANCE OF 25.38 FEET TO A POINT, THENCE S 14 DEG. 43 MIN. 58 SEC. E A DISTANCE OF 500.19 FEET TO A POINT, THENCE S 17 DEG. 39 MIN. 15 SEC. E A DISTANCE OF 888.60 FEET TO A POINT, THENCE S 18 DEG. 14 MIN. 52 SEC. E A DISTANCE OF 992.95 FEET TO A POINT, THENCE S 10 DEG. 21 MIN. 07 SEC. E A DISTANCE OF 1,029.75 FEET TO A POINT, THENCE S 11 DEG. 50 MIN. 19 SEC. E A DISTANCE OF 936.75 FEET TO A POINT, THENCE S 18 DEG. 13 MIN. 27 SEC. E A DISTANCE OF 1,183.42 FEET TO A POINT, THENCE S 16 DEG. 41 MIN. 16 SEC. E A DISTANCE OF 892.59 FEET TO A POINT, THENCE S 14 DEG. 20 MIN. 12 SEC. E A DISTANCE OF 979.55 FEET TO A POINT, THENCE S 15 DEG. 00 MIN. 01 SEC. E A DISTANCE OF 947.30 FEET TO A POINT, THENCE S 14 DEG. 32 MIN. 48 SEC. E A DISTANCE OF 1,138.23 FEET TO A POINT, THENCE S 15 DEG. 52 MIN. 55 SEC. E A DISTANCE OF 812.58 FEET TO A POINT, THENCE S 15 DEG. 34 MIN. 51 SEC. E A DISTANCE OF 994.58 FEET TO A POINT, THENCE N 89 DEG. 52 MIN. 39 SEC. W A DISTANCE OF 115.31 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 2 (INDIAN RIVER COUNTY). SEGMENT 3: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 88-86-A28-2 AND RUN THENCE N 77 DEG. 44 MIN. 17 SEC. E A DISTANCE OF 1,559.34 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 13 DEG. 41 MIN. 53 SEC. E A DISTANCE OF 32.87 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 80 DEG. 50 MIN. 54 SEC. E A DISTANCE OF 83.63 FEET TO A POINT, THENCE S 12 DEG. 56 MIN. 35 SEC. E A DISTANCE OF 928.70 FEET TO A POINT, THENCE S 16 DEG. 58 MIN. 05 SEC. E A DISTANCE OF 1,078.52 FEET TO A POINT, THENCE S 20 DEG. 42 MIN. 52 SEC. E A DISTANCE OF 974.91 FEET TO A POINT, THENCE S 22 DEG. 33 MIN. 49 SEC. E A DISTANCE OF 1,033.31 FEET TO A POINT, THENCE S 24 DEG. 18 MIN. 55 SEC. E A DISTANCE OF 974.49 FEET TO A POINT, THENCE S 28 DEG. 01 MIN. 09 SEC. E A DISTANCE OF 963.61 FEET TO A POINT, THENCE S 33 DEG. 41 MIN. 27 SEC. E A DISTANCE OF 392.17 FEET TO A POINT, THENCE S 58 DEG. 16 MIN. 27 SEC. W A DISTANCE OF 99.85 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 3 (INDIAN RIVER COUNTY). SEGMENT 4: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 88-78-A37 AND RUN THENCE N 85 DEG. 07 MIN. 00 SEC. E A DISTANCE OF 743.08 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 88 DEG. 00 MIN. 52 SEC. E A DISTANCE OF 196.88 FEET TO A POINT, THENCE S 10 DEG. 44 MIN. 51 SEC. E A DISTANCE OF 1,020.90 FEET TO A POINT, THENCE S 11 DEG. 09 MIN. 24 SEC. E A DISTANCE OF 964.88 FEET TO A POINT, THENCE S 09 DEG. 20 MIN. 49 SEC. E A DISTANCE OF 1,172.84 FEET TO A POINT, THENCE S 10 DEG. 52 MIN. 29 SEC. E A DISTANCE OF 698.61 FEET TO A POINT,THENCE S 11 DEG. 21 MIN. 40 SEC. E A DISTANCE OF 1,324.00 FEET TO A POINT, THENCE S 14 DEG. 21 MIN. 44 SEC. E A DISTANCE OF 413.41 FEET TO A POINT, THENCE S 89 DEG. 07 MIN. 41 SEC. W A DISTANCE OF 200.12 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 4 (INDIAN RIVER COUNTY).

History

• Rulemaking Authority 161.053(18), (20) F.S. Law Implemented 161.053(4), (18), (21) F.S. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.260 Martin County

The legal description for the Martin County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded July 9, 1985 in “Plat Book 9, Page 99” of the public records of Martin County, Florida, said General Permit Line being more particularly described as follows:

NORTH SEGMENT: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT(PRM) MI 103 1984 AND RUN THENCE N 73 DEG. 11 MIN. 19 SEC. E A DISTANCE OF 93.65 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 26 DEG. 12 MIN. 17 SEC. W A DISTANCE OF 163.34 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 63 DEG. 47 MIN. 43 SEC. E A DISTANCE OF 56.13 FEET TO A POINT, THENCE S 26 DEG. 36 MIN. 56 SEC. E A DISTANCE OF 512.75 FEET TO A POINT, THENCE S 26 DEG. 16 MIN. 27 SEC. E A DISTANCE OF 900.38 FEET TO A POINT, THENCE S 26 DEG. 12 MIN. 11 SEC. E A DISTANCE OF 899.83 FEET TO A POINT, THENCE S 27 DEG. 35 MIN. 10 SEC. E A DISTANCE OF 368.21 FEET TO A POINT, THENCE S 26 DEG. 45 MIN. 04 SEC. E A DISTANCE OF 568.86 FEET TO A POINT, THENCE S 26 DEG. 51 MIN. 35 SEC. E A DISTANCE OF 838.68 FEET TO A POINT, THENCE S 26 DEG. 19 MIN. 52 SEC. E A DISTANCE OF 935.81 FEET TO A POINT, THENCE S 25 DEG. 33 MIN. 48 SEC. E A DISTANCE OF 917.00 FEET TO A POINT, THENCE S 27 DEG. 13 MIN. 42 SEC. E A DISTANCE OF 910.22 FEET TO A POINT, THENCE S 24 DEG. 43 MIN. 27 SEC. E A DISTANCE OF 906.48 FEET TO A POINT, THENCE S 27 DEG. 14 MIN. 37 SEC. E A DISTANCE OF 894.50 FEET TO A POINT, THENCE S 29 DEG. 37 MIN. 07 SEC. E A DISTANCE OF 911.52 FEET TO A POINT, THENCE S 27 DEG. 37 MIN. 40 SEC. E A DISTANCE OF 897.62 FEET TO A POINT, THENCE S 28 DEG. 23 MIN. 02 SEC. E A DISTANCE OF 887.47 FEET TO A POINT, THENCE S 28 DEG. 55 MIN. 59 SEC. E A DISTANCE OF 555.31 FEET TO A POINT, THENCE S 59 DEG. 34 MIN. 47 SEC. W A DISTANCE OF 78.15 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE NORTH SEGMENT (MARTIN COUNTY). SOUTH SEGMENT: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 89-84-A01 AND RUN THENCE S 57 DEG. 09 MIN. 10 SEC. W A DISTANCE OF 233.10 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 30 DEG. 23 MIN. 10 SEC. E A DISTANCE OF 405.49 FEET TO A POINT, THENCE S 29 DEG. 15 MIN. 40 SEC. E A DISTANCE OF 267.55 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 60 DEG. 44 MIN. 18 SEC. E A DISTANCE OF 168.35 FEET TO A POINT, THENCE S 28 DEG. 32 MIN. 51 SEC. E A DISTANCE OF 674.90 FEET TO A POINT, THENCE S 28 DEG. 24 MIN. 5 SEC. E A DISTANCE OF 899.88 FEET TO A POINT, THENCE S 27 DEG. 42 MIN. 26 SEC. E A DISTANCE OF 904.63 FEET TO A POINT, THENCE S 27 DEG. 34 MIN. 31 SEC. E A DISTANCE OF 904.87 FEET TO A POINT, THENCE S 26 DEG. 51 MIN. 43 SEC. E A DISTANCE OF 902.79 FEET TO A POINT, THENCE S 24 DEG. 34 MIN. 25 SEC. E A DISTANCE OF 898.99 FEET TO A POINT, THENCE S 20 DEG. 35 MIN. 37 SEC. E A DISTANCE OF 1,138.67 FEET TO A POINT, THENCE S 19 DEG. 43 MIN. 1 SEC. E A DISTANCE OF 743.84 FEET TO A POINT, THENCE S 15 DEG. 46 MIN. 38 SEC. E A DISTANCE OF 1,089.05 FEET TO A POINT, THENCE S 20 DEG. 51 MIN. 38 SEC. E A DISTANCE OF 638.63 FEET TO A POINT, THENCE S 28 DEG. 59 MIN. 8 SEC. E A DISTANCE OF 793.67 FEET TO A POINT, THENCE S 25 DEG. 19 MIN. 47 SEC. E A DISTANCE OF 1,017.71 FEET TO A POINT, THENCE S 25 DEG. 25 MIN. 56 SEC. E A DISTANCE OF 971.04 FEET TO A POINT, THENCE S 24 DEG. 5 MIN. 38 SEC. E A DISTANCE OF 430.42 FEET TO A POINT, THENCE S 68 DEG. 59 MIN. 58 SEC. W A DISTANCE OF 24.91 FEET TO A POINT, THENCE S 23 DEG. 56 MIN. 50 SEC. E A DISTANCE OF 401.75 FEET TO A POINT, THENCE S 24 DEG. 15 MIN. 43 SEC. E A DISTANCE OF 886.51 FEET TO A POINT, THENCE S 21 DEG. 47 MIN. 12 SEC. E A DISTANCE OF 897.61 FEET TO A POINT, THENCE S 20 DEG. 33 MIN. 11 SEC. E A DISTANCE OF 896.17 FEET TO A POINT, THENCE S 20 DEG. 54 MIN. 47 SEC. E A DISTANCE OF 901.65 FEET TO A POINT, THENCE S 19 DEG. 59 MIN. 56 SEC. E A DISTANCE OF 869.39 FEET TO A POINT, THENCE S 20 DEG. 46 MIN. 14 SEC. E A DISTANCE OF 1097.90 FEET TO A POINT, THENCE S 22 DEG. 37 MIN. 10 SEC. E A DISTANCE OF 698.89 FEET TO A POINT, THENCE S 21 DEG. 14 MIN. 23 SEC. E A DISTANCE OF 900.82 FEET TO A POINT, THENCE S 23 DEG. 3 MIN. 7 SEC. E A DISTANCE OF 1,144.10 FEET TO A POINT, THENCE S 21 DEG. 52 MIN. 1 SEC. E A DISTANCE OF 795.52 FEET TO A POINT, THENCE S 23 DEG. 9 MIN. 24 SEC. E A DISTANCE OF 888.84 FEET TO A POINT, THENCE S 21 DEG. 0 MIN. 34 SEC. E A DISTANCE OF 890.24 FEET TO A POINT, THENCE S 19 DEG. 26 MIN. 54 SEC. E A DISTANCE OF 883.24 FEET TO A POINT, THENCE S 18 DEG. 58 MIN. 39 SEC. E A DISTANCE OF 896.21 FEET TO A POINT, THENCE S 17 DEG. 42 MIN. 7 SEC. E A DISTANCE OF 517.06 FEET TO A POINT, THENCE S 17 DEG. 46 MIN. 13 SEC. E A DISTANCE OF 402.34 FEET TO A POINT, THENCE S 18 DEG. 31 MIN. 37 SEC. E A DISTANCE OF 851.10 FEET TO A POINT, THENCE S 16 DEG. 55 MIN. 29 SEC. E A DISTANCE OF 889.76 FEET TO A POINT, THENCE S 17 DEG. 56 MIN. 33 SEC. E A DISTANCE OF 893.76 FEET TO A POINT, THENCE S 16 DEG. 34 MIN. 46 SEC. E A DISTANCE OF 863.49 FEET TO A POINT, THENCE S 12 DEG. 28 MIN. 50 SEC. E A DISTANCE OF 1,784.22 FEET TO A POINT, THENCE S 13 DEG. 26 MIN. 8 SEC. E A DISTANCE OF 894.42 FEET TO A POINT, THENCE S 11 DEG. 28 MIN. 16 SEC. E A DISTANCE OF 889.86 FEET TO A POINT, THENCE S 11 DEG. 34 MIN. 41 SEC. E A DISTANCE OF 892.98 FEET TO A POINT, THENCE S 7 DEG. 20 MIN. 36 SEC. E A DISTANCE OF 888.41 FEET TO A POINT, THENCE S 5 DEG. 17 MIN. 32 SEC. E A DISTANCE OF 897.38 FEET TO A POINT, THENCE S 5 DEG. 24 MIN. 10 SEC. E A DISTANCE OF 904.22 FEET TO A POINT, THENCE S 16 DEG. 43 MIN. 9 SEC. E A DISTANCE OF 902.88 FEET TO A POINT, THENCE S 19 DEG. 13 MIN. 20 SEC. E A DISTANCE OF 886.16 FEET TO A POINT, THENCE S 20 DEG. 22 MIN. 8 SEC. E A DISTANCE OF 501.40 FEET TO A POINT, THENCE S 88 DEG. 8 MIN. 7 SEC. W A DISTANCE OF 55.02 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SOUTH SEGMENT (MARTIN COUNTY).

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Fla. Admin. Code R. 62B-34.270 Palm Beach County

The legal description for the Palm Beach County General Permit Line is based on the Official Map of Record of the Coastal Construction Control Line (CCCL), previously established in compliance with Section 161.053, F.S., and recorded August 22, 1997 in “CCCL Book 80 Pages 137 through 155” and in “O.R. Book 9951 Pages 85 through 108” of the public records of Palm Beach County, Florida, said General Permit Line being more particularly described as follows:

SEGMENT 1: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 06 78 C05-2 AND RUN THENCE N 44 DEG. 33 MIN. 04 SEC. W A DISTANCE OF 488.13 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 74 DEG. 18 MIN. 44 SEC. E A DISTANCE OF 74.49 FEET TO A POINT, THENCE S 10 DEG. 13 MIN. 28 SEC. E A DISTANCE OF 877.21 FEET TO A POINT, THENCE S 8 DEG. 57 MIN. 26 SEC. E A DISTANCE OF 968.54 FEET TO A POINT, THENCE S 4 DEG. 16 MIN. 18 SEC. E A DISTANCE OF 658.92 FEET TO A POINT, THENCE S 13 DEG. 54 MIN. 42 SEC. E A DISTANCE OF 671.08 FEET TO A POINT, THENCE S 10 DEG. 48 MIN. 36 SEC. E A DISTANCE OF 1,348.64 FEET TO A POINT, THENCE S 12 DEG. 28 MIN. 1 SEC. E A DISTANCE OF 1,205.11 FEET TO A POINT, THENCE S 13 DEG. 59 MIN. 14 SEC. E A DISTANCE OF 1,022.74 FEET TO A POINT, THENCE S 13 DEG. 56 MIN. 58 SEC. E A DISTANCE OF 1,585.63 FEET TO A POINT, THENCE S 74 DEG. 24 MIN. 19 SEC. W A DISTANCE OF 25.36 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 1 (PALM BEACH COUNTY). SEGMENT 2: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 06 78 D04 AND RUN THENCE S 55 DEG. 38 MIN. 25 SEC. W A DISTANCE OF 74.12 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMITLINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 78 DEG. 18 MIN. 38 SEC. E A DISTANCE OF 32.42 FEET TO A POINT, THENCE S 06 DEG. 25 MIN. 43 SEC. E A DISTANCE OF 1,082.60 FEET TO A POINT, THENCE S 06 DEG. 36 MIN. 07 SEC. E A DISTANCE OF 1,010.80 FEET TO A POINT, THENCE S 05 DEG. 39 MIN. 50 SEC. E A DISTANCE OF 1,121.84 FEET TO A POINT, THENCE S 06 DEG. 35 MIN. 07 SEC. E A DISTANCE OF 1,344.13 FEET TO A POINT, THENCE S 04 DEG. 34 MIN. 08 SEC. E A DISTANCE OF 1,311.24 FEET TO A POINT, THENCE S 06 DEG. 25 MIN. 06 SEC. E A DISTANCE OF 1,206.72 FEET TO A POINT, THENCE S 03 DEG. 26 MIN. 30 SEC. E A DISTANCE OF 972.17 FEET TO A POINT, THENCE S 02 DEG. 48 MIN. 39 SEC. E A DISTANCE OF 898.91 FEET TO A POINT, THENCE S 02 DEG. 34 MIN. 15 SEC. E A DISTANCE OF 1,298.03 FEET TO A POINT, THENCE S 00 DEG. 18 MIN. 26 SEC. W A DISTANCE OF 977.51 FEET TO A POINT, THENCE S 02 DEG. 01 MIN. 15 SEC. W A DISTANCE OF 937.59 FEET TO A POINT, THENCE S 00 DEG. 06 MIN. 39 SEC. E A DISTANCE OF 1,048.83 FEET TO A POINT, THENCE S 04 DEG. 22 MIN. 33 SEC. E A DISTANCE OF 1,131.17 FEET TO A POINT, THENCE S 06 DEG. 01 MIN. 04 SEC. E A DISTANCE OF 1,255.67 FEET TO A POINT, THENCE S 06 DEG. 55 MIN. 54 SEC. E A DISTANCE OF 1,081.42 FEET TO A POINT, THENCE S 09 DEG. 13 MIN. 24 SEC. E A DISTANCE OF 1,100.10 FEET TO A POINT, THENCE S 01 DEG. 48 MIN. 34 SEC. E A DISTANCE OF 1,618.79 FEET TO A POINT, THENCE S 00 DEG. 45 MIN. 28 SEC. E A DISTANCE OF 744.33 FEET TO A POINT, THENCE S 04 DEG. 06 MIN. 05 SEC. E A DISTANCE OF 1,279.02 FEET TO A POINT, THENCE S 02 DEG. 11 MIN. 19 SEC. E A DISTANCE OF 1,206.22 FEET TO A POINT, THENCE S 02 DEG. 33 MIN. 49 SEC. W A DISTANCE OF 1,167.70 FEET TO A POINT, THENCE S 02 DEG. 49 MIN. 23 SEC. W A DISTANCE OF 989.12 FEET TO A POINT, THENCE S 02 DEG. 23 MIN. 21 SEC. W A DISTANCE OF 1,198.04 FEET TO A POINT, THENCE S 02 DEG. 51 MIN. 50 SEC. W A DISTANCE OF 1,099.09 FEET TO A POINT, THENCE S 03 DEG. 00 MIN. 46 SEC. W A DISTANCE OF 246.69 FEET TO A POINT, THENCE S 15 DEG. 47 MIN. 19 SEC. W A DISTANCE OF 346.17 FEET TO A POINT, THENCE S 07 DEG. 28 MIN. 52 SEC. W A DISTANCE OF 467.40 FEET TO A POINT, THENCE S 06 DEG. 45 MIN. 49 SEC. W A DISTANCE OF 1,264.70 FEET TO A POINT, THENCE S 06 DEG. 47 MIN. 56 SEC. W A DISTANCE OF 1,218.60 FEET TO A POINT, THENCE S 03 DEG. 41 MIN. 06 SEC. W A DISTANCE OF 1,158.82 FEET TO A POINT, THENCE N 89 DEG. 27 MIN. 49 SEC. W A DISTANCE OF 105.94 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 2 (PALM BEACH COUNTY). SEGMENT 3: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) R-111 PM BH 1989 AND RUN THENCE S 89 DEG. 52 MIN. 05 SEC. W ADISTANCE OF 195.22 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 02 DEG. 49 MIN. 03 SEC. E A DISTANCE OF 605.38 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMITLINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 87 DEG. 10 MIN. 57 SEC. E A DISTANCE OF 144.39 FEET TO A POINT, THENCE S 04 DEG. 13 MIN. 23 SEC. W A DISTANCE OF 599.69 FEET TO A POINT, THENCE S 00 DEG. 03 MIN. 21 SEC. E A DISTANCE OF 1,138.24 FEET TO A POINT, THENCE S 02 DEG. 21 MIN. 39 SEC. W A DISTANCE OF 1,038.85 FEET TO A POINT, THENCE S 03 DEG. 06 MIN. 59 SEC. W A DISTANCE OF 427.53 FEET TO A POINT, THENCE S 02 DEG. 13 MIN. 57 SEC. E A DISTANCE OF 590.86 FEET TO A POINT, THENCE S 01 DEG. 20 MIN. 22 SEC. W A DISTANCE OF 1,108.00 FEET TO A POINT, THENCE S 02 DEG. 25 MIN. 49 SEC. W A DISTANCE OF 965.13 FEET TO A POINT, THENCE S 04 DEG. 51 MIN. 26 SEC. W A DISTANCE OF 489.99 FEET TO A POINT, THENCE N 88 DEG. 00 MIN. 01 SEC. W A DISTANCE OF 100.80 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 3 (PALM BEACH COUNTY). SEGMENT 4: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 06 78 E07 AND RUN THENCE N 66 DEG. 49 MIN. 38 SEC. W A DISTANCE OF 170.69 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 02 DEG. 30 MIN. 39 SEC. E A DISTANCE OF 1,022.85 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE N 85 DEG. 07 MIN. 43 SEC. E A DISTANCE OF 42.30 FEET TO A POINT, THENCE S 01 DEG. 54 MIN. 22 SEC. E A DISTANCE OF 1,009.56 FEET TO A POINT, THENCE S 03 DEG. 08 MIN. 57 SEC. E A DISTANCE OF 1,260.79 FEET TO A POINT, THENCE S 01 DEG. 57 MIN. 44 SEC. E A DISTANCE OF 1,182.31 FEET TO A POINT, THENCE S 00 DEG. 29 MIN. 42 SEC. E A DISTANCE OF 1,142.02 FEET TO A POINT, THENCE S 01 DEG. 13 MIN. 05 SEC. E A DISTANCE OF 923.70 FEET TO A POINT, THENCE S 00 DEG. 33 MIN. 58 SEC. E A DISTANCE OF 1,175.26 FEET TO A POINT, THENCE S 00 DEG. 07 MIN. 41 SEC. W A DISTANCE OF 1,390.13 FEET TO A POINT, THENCE S 00 DEG. 38 MIN. 01 SEC. W A DISTANCE OF 1,311.24 FEET TO A POINT, THENCE S 00 DEG. 48 MIN. 01 SEC. E A DISTANCE OF 1,080.49 FEET TO A POINT, THENCE S 00 DEG. 41 MIN. 30 SEC. E A DISTANCE OF 1,311.34 FEET TO A POINT, THENCE S 01 DEG. 31 MIN. 49 SEC. W A DISTANCE OF 1,173.10 FEET TO A POINT, THENCE S 03 DEG. 02 MIN. 40 SEC. W A DISTANCE OF 1,310.62 FEET TO A POINT, THENCE S 01 DEG. 07 MIN. 07 SEC. W A DISTANCE OF 965.42 FEET TO A POINT, THENCE S 03 DEG. 13 MIN. 06 SEC. W A DISTANCE OF 981.99 FEET TO A POINT, THENCE S 03 DEG. 20 MIN. 36 SEC. W A DISTANCE OF 609.70 FEET TO A POINT, THENCE S 03 DEG. 23 MIN. 54 SEC. W A DISTANCE OF 1,308.31 FEET TO A POINT, THENCE S 03 DEG. 20 MIN. 00 SEC. W A DISTANCE OF 1,064.70 FEET TO A POINT, THENCE S 03 DEG. 52 MIN. 45 SEC. W A DISTANCE OF 1,038.92 FEET TO A POINT, THENCE S 05 DEG. 15 MIN. 30 SEC. W A DISTANCE OF 1,036.20 FEET TO A POINT, THENCE S 05 DEG. 52 MIN. 33 SEC. W A DISTANCE OF 1,018.70 FEET TO A POINT, THENCE S 11 DEG. 16 MIN. 28 SEC. W A DISTANCE OF 973.49 FEET TO A POINT, THENCE S 13 DEG. 25 MIN. 39 SEC. W A DISTANCE OF 1,130.48 FEET TO A POINT, THENCE S 12 DEG. 02 MIN. 00 SEC. W A DISTANCE OF 1,085.69 FEET TO A POINT, THENCE N 78 DEG. 52 MIN. 15 SEC. W A DISTANCE OF 21.94 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 4 (PALM BEACH COUNTY). SEGMENT 5: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) HAULOVER 1929 NO3 1970 AND RUN THENCE N 37 DEG. 25 MIN. 13 SEC. W ADISTANCE OF 459.21 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 03 DEG. 45 MIN. 44 SEC. W A DISTANCE OF 400.95 FEET TO A POINT, THENCE N 84 DEG. 57 MIN. 53 SEC. W A DISTANCE OF 227.88 FEET TO A POINT, THENCE S 12 DEG. 02 MIN. 58 SEC. W A DISTANCE OF 41.87 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 80 DEG. 14 MIN. 49 SEC. E A DISTANCE OF 172.01 FEET TO A POINT, THENCE S 12 DEG. 30 MIN. 00 SEC. W A DISTANCE OF 425.55 FEET TO A POINT, THENCE S 15 DEG. 6 MIN. 03 SEC. W A DISTANCE OF 1,325.34 FEET TO A POINT, THENCE S 14 DEG. 29 MIN. 39 SEC. W A DISTANCE OF 1,014.72 FEET TO A POINT, THENCE S 12 DEG. 40 MIN. 58 SEC. W A DISTANCE OF 1,047.75 FEET TO A POINT, THENCE S 89 DEG. 38 MIN. 27 SEC. W A DISTANCE OF 101.63 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 5 (PALM BEACH COUNTY). SEGMENT 6: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) HAULOVER-B 1991 AND RUN THENCE S 32 DEG. 05 MIN. 25 SEC. E A DISTANCE OF 202.03 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 86 DEG. 36 MIN. 25 SEC. E A DISTANCE OF 86.30 FEET TO A POINT, THENCE S 08 DEG. 09 MIN. 07 SEC. W A DISTANCE OF 1,005.24 FEET TO A POINT, THENCE S 05 DEG. 14 MIN. 51 SEC. W A DISTANCE OF 706.38 FEET TO A POINT, THENCE S 06 DEG. 18 MIN. 54 SEC. W A DISTANCE OF 695.34 FEET TO A POINT, THENCE S 07 DEG. 13 MIN. 10 SEC. W A DISTANCE OF 1,192.02 FEET TO A POINT, THENCE S 08 DEG. 05 MIN. 15 SEC. W A DISTANCE OF 864.33 FEET TO A POINT, THENCE S 08 DEG. 36 MIN. 51 SEC. W A DISTANCE OF 1,151.85 FEET TO A POINT, THENCE S 10 DEG. 46 MIN. 00 SEC. W A DISTANCE OF 1,089.08 FEET TO A POINT, THENCE S 10 DEG. 52 MIN. 36 SEC. W A DISTANCE OF 1,131.10 FEET TO A POINT, THENCE S 09 DEG. 59 MIN. 40 SEC. W A DISTANCE OF 991.73 FEET TO A POINT, THENCE S 07 DEG. 43 MIN. 57 SEC. W A DISTANCE OF 1,182.55 FEET TO A POINT, THENCE S 06 DEG. 20 MIN. 40 SEC. W A DISTANCE OF 917.39 FEET TO A POINT, THENCE S 04 DEG. 38 MIN. 14 SEC. W A DISTANCE OF 1,036.36 FEET TO A POINT, THENCE S 08 DEG. 52 MIN. 50 SEC. W A DISTANCE OF 341.20 FEET TO A POINT, THENCE S 10 DEG. 32 MIN. 33 SEC. W A DISTANCE OF 776.97 FEET TO A POINT, THENCE S 04 DEG. 56 MIN. 21 SEC. W A DISTANCE OF 326.93 FEET TO A POINT,THENCE S 02 DEG. 40 MIN. 42 SEC. W A DISTANCE OF 1,071.68 FEET TO A POINT, THENCE S 08 DEG. 27 MIN. 58 SEC. W A DISTANCE OF 1,124.46 FEET TO A POINT, THENCE S 07 DEG. 32 MIN. 10 SEC. W A DISTANCE OF 1,006.99 FEET TO A POINT, THENCE S 07 DEG. 36 MIN. 08 SEC. W A DISTANCE OF 1,187.58 FEET TO A POINT, THENCE S 07 DEG. 28 MIN. 05 SEC. W A DISTANCE OF 1,015.95 FEET TO A POINT, THENCE S 08 DEG. 00 MIN. 08 SEC. W A DISTANCE OF 1,328.30 FEET TO A POINT, THENCE S 09 DEG. 06 MIN. 00 SEC. W A DISTANCE OF 935.91 FEET TO A POINT, THENCE S 07 DEG. 58 MIN. 27 SEC. W A DISTANCE OF 1,247.13 FEET TO A POINT, THENCE N 85 DEG. 59 MIN. 36 SEC. W A DISTANCE OF 78.71 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 6 (PALM BEACH COUNTY). SEGMENT 7: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 93 89 A21 AND RUN THENCE S 43 DEG. 20 MIN. 44 SEC. W A DISTANCE OF 291.79 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 03 DEG. 54 MIN. 43 SEC. E A DISTANCE OF 850.09 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 85 DEG. 20 MIN. 02 SEC. E A DISTANCE OF 50.03 FEET TO A POINT, THENCE S 03 DEG. 20 MIN. 30 SEC. W A DISTANCE OF 832.98 FEET TO A POINT, THENCE S 03 DEG. 38 MIN. 23 SEC. W A DISTANCE OF 1,123.15 FEET TO A POINT, THENCE S 02 DEG. 47 MIN. 20 SEC. W A DISTANCE OF 906.36 FEET TO A POINT, THENCE S 04 DEG. 38 MIN. 27 SEC. W A DISTANCE OF 1,024.54 FEET TO A POINT, THENCE S 04 DEG. 45 MIN. 57 SEC. W A DISTANCE OF 1,114.45 FEET TO A POINT, THENCE S 05 DEG. 32 MIN. 12 SEC. W A DISTANCE OF 1,173.28 FEET TO A POINT, THENCE S 03 DEG. 45 MIN. 31 SEC. W A DISTANCE OF 1,103.36 FEET TO A POINT, THENCE S 04 DEG. 59 MIN. 53 SEC. W A DISTANCE OF 841.88 FEET TO A POINT, THENCE S 88 DEG. 25 MIN. 35 SEC. W A DISTANCE OF 87.83 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 7 (PALM BEACH COUNTY). SEGMENT 8: COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE MONUMENT (PRM) 93 89 A27 AND RUN THENCE N 89 DEG. 05 MIN. 14 SEC. W A DISTANCE OF 187.87 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE S 06 DEG. 38 MIN. 04 SEC. W A DISTANCE OF 727.00 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 83 DEG. 21 MIN. 56 SEC. E A DISTANCE OF 113.74 FEET TO A POINT, THENCE S 08 DEG. 52 MIN. 37 SEC. W A DISTANCE OF 653.69 FEET TO A POINT, THENCE S 11 DEG. 43 MIN. 41 SEC. W A DISTANCE OF 1,007.53 FEET TO A POINT, THENCE S 11 DEG. 13 MIN. 38 SEC. W A DISTANCE OF 910.17 FEET TO A POINT, THENCE S 06 DEG. 50 MIN. 48 SEC. W A DISTANCE OF 1,031.91 FEET TO A POINT, THENCE S 06 DEG. 37 MIN. 08 SEC. W A DISTANCE OF 970.79 FEET TO A POINT, THENCE S 88 DEG. 00 MIN. 32 SEC. W A DISTANCE OF 29.33 FEET TO A POINT, SAID POINT BEING LOCATED ON THE AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE SEGMENT 8 (PALM BEACH COUNTY).

History

• Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(4), (18), (21) FS. History–New 4-7-10.

Chapter 62B-36 BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM

Fla. Admin. Code R. 62B-36.001 Purpose

The Beach Management Funding Assistance Program works in concert with local sponsors to achieve protection, preservation, restoration, and nourishment of the sandy beaches fronting the Atlantic Ocean, the Gulf of Mexico and the Straits of Florida, and for the management of inlets to replicate the natural drift of sand interrupted by improved, modified, or altered inlets. Annually, the Department requests funding from the Legislature to implement the program and when appropriations are made by the legislature, enters into cost sharing agreements with local sponsors for the implementation of beach and inlet management projects. This rule chapter establishes funding request procedures, project ranking criteria, cost sharing procedures and project agreement requirements pursuant to sections 161.088, 161.091, 161.101, 161.142, 161.143, and 161.161, F.S.

History

• Rulemaking Authority 161.101(21), 161.143(6) 161.161(7) FS. Law Implemented 161.088, 161.091(1), 161.101(1),(2), (8), (9), (11), (12), (14), (15), (16), (17), (18), (19), (20), 161.142(1), (2), (4), (5), (6), (7), 161.143(1), (2), (3), (4), (5), 161.161(1), (2), (6 )FS. History–New 6-10-83, Formerly 16B-36.01, 16B-36.001, Amended 12-25-03, 8-5-13.

Fla. Admin. Code R. 62B-36.002 Definitions

(1) “Annual Funding Request” is the document submitted by a local sponsor which includes a detailed description for the next fiscal year’s funding request and a schedule for the disbursement of funds to be requested for beach or inlet management projects or related activities over a given period of time. Only projects consistent with the Strategic Beach Management Plan will be considered for funding. These projects will be ranked and placed on either the beach or inlet management list submitted to the Legislature for funding consideration.

(2) “Area of Inlet Influence” is the distance along the adjacent sandy shorelines where sediment transfer and shoreline location are physically altered due to the presence of the inlet and any associated structures or improvements which alter the natural functioning of the inlet. The area of inlet influence will be determined using a feasibility or an inlet management study.

(3) “Beach Management” is protecting, maintaining, preserving, or enhancing Florida’s beaches. Activities included are restoring or nourishing beach and dune systems, dune protection and restoration, restoration of natural shoreline processes, removal of derelict structures and obstacles to natural shoreline process in conjunction with restoration or nourishment, and construction of erosion control structures. These activities include feasibility, engineering, design and environmental studies, post-construction monitoring and mitigation to support such activities.

(4) “Contractual Services” are the provision of engineering, professional, or scientific services for eligible activities as otherwise described in this chapter. Such activities may be performed by a private company or individual, or, if approved by the Department, pursuant to subsection 62B-36.007(6), F.A.C., the local sponsor.

(5) “Critically Eroded Shoreline” is a segment of shoreline where natural processes or human activities have caused, or contributed to, erosion and recession of the beach and dune system to such a degree that upland development, recreational interests, wildlife habitat or important cultural resources are threatened or lost. Critically eroded shoreline may also include adjacent segments or gaps between identified critical erosion areas which, although they may be stable or slightly erosional now, their inclusion is necessary for continuity of management of the coastal system or for the design integrity of adjacent beach management projects.

(6) “Department” is the Department of Environmental Protection.

(7) “Inlet” is a coastal barrier waterway connecting a bay, lagoon, or similar body of water with the Gulf of Mexico, the Straits of Florida, or the Atlantic Ocean and all related flood and ebb tidal shoals and the inlet shorelines. Improved, altered or modified inlets are those where stabilizing rigid coastal structures have been constructed, or where inlet related structures or features such as channels have been constructed or are actively maintained and the channel depth is greater than the inlet system would support in a natural state.

(8) “Inlet Management” is comprised of actions taken to minimize, eliminate, or mitigate the effects of the inlet on the adjacent shorelines including feasibility, engineering, design, environmental studies, construction, and post-construction monitoring to support such activities.

(9) “Local Sponsor” is any state, county, municipality, township, or special district created pursuant to part II, chapter 161, F.S., having authority and responsibility for preserving and protecting the coastal system, and any state, county, municipality, township, and inlet and navigational districts having authority and responsibility for management of an inlet. The local sponsor is responsible for the balance of the non-state cost share.

(10) “Local Long Range Budget Plan” is a document that projects the ten-year planning needs for federal, state, and local governments necessary to implement the strategies outlined in the Strategic Beach Management Plan for a specific project. The document lists five years of anticipated project costs followed by the next five years of anticipated planning phases. The document is submitted by local sponsors to the Department along with annual funding requests.

(11) “Project Agreement” is a contract executed between the Department and the local sponsor that explicitly defines the terms and conditions under which the project shall be conducted.

(12) “Project Boundary”for ranking purposes, means the sandy shoreline fronting the Atlantic Ocean, Gulf of Mexico, or the Straits of Florida, of the beach management project and the first row of residential or commercial development immediately landward of the beach vegetation line or beach erosion control line (ECL), whichever is further landward. The first row of development may be separated from the shoreline by recreational amenities, roadways or parking areas as long as there is dedicated public access. The area of inlet influence shall be the project boundary for inlet projects.

(13) “Project Length” is the along-shore length of shoreline in the project design, including tapers, or as otherwise delineated by the ECL.

(14) “Project Phase” is a step required in developing and implementing a project. The following phases will be considered for funding:

(a) “Feasibility” – is the characterization of the erosion problem and constraints on remediation alternatives, development and analysis of alternatives to address the problem, including taking no action, data collection in support of the analysis, and selection of the cost-effective, environmentally sound alternative that avoids or minimizes adverse impacts.

(b) “Design” – is the development of design studies, data collection, plans, specifications, permit applications, and financial planning for the project.

(c) “Construction” – is the execution of the selected project, including contractor services, contract management, construction oversight, and construction-related monitoring required by permit or contract.

(d) “Post-Construction Monitoring” – is the collection and analysis of physical and biological data required by state or federal permits on an annual or periodic basis following the completion of the construction phase.

(15) “Public Beach Access” is an entry zone and associated parking under public ownership or control which is specifically used for providing access to the adjacent sandy beach for the general public. The access must be signed, maintained and clearly visible from the adjacent roadway. The parking spaces counted for eligibility must be within one-quarter mile walking distance of a lateral entry zone and available to the general public. The types of public beach access sites are:

(a) “Primary Beach Access” is a site with at least 100 units, as defined in subsection 62B-36.007(1), F.A.C., and public restrooms;

(b) “Secondary Beach Access” is a site that may have parking and amenities, but does not qualify as a primary beach access.

(16) “Public Lodging Establishment” is any business currently licensed by the Department of Business and Professional Regulation in the classification of “hotel,” “motel,” or “vacation rental condominium” with six or more units as designated by the Department of Business and Professional Regulation, or campgrounds. Public Lodging Establishments must be located on the beachfront or within one-quarter mile walking distance of a public access.

(17) “Rank Score” is calculated by dividing a project’s rank (ni), or position of its value in a sequential list of all project values, by the total number of values included in the evaluation (N), then multiplying by the maximum points available for the metric, such that:

The list of values shall be in an order (e.g., ascending or descending, depending on the metric) that assigns the value worth the most points as N. If two or more projects have an equal value, these projects will receive the same score.

(18) “Sediment Budget” is the mass balance between inputs and outputs of sediment in the inlet system, including all related flood and ebb tidal shoals, inlet shorelines and inland waterways, and the adjacent open coast beaches within the area of inlet influence.

(19) “Statewide Long Range Budget Plan” is the document produced by the Department that projects the ten-year planning needs for federal, state, and local governments necessary to implement the Strategic Beach Management Plan. The document lists five years of anticipated project costs followed by the next five years of anticipated planning phases for all beach and inlet management projects statewide. It is developed in coordination with local sponsors based on their Local Long Range Budget Plans and is submitted to the Legislature annually as a companion document to the Local Government Funding Request.

(20) “Strategic Beach Management Plan” is the Department’s adopted plan for management of the critically eroded shoreline of the state and those components of feasibility or inlet management studies that minimize the erosive effects of inlets.

(21) “Threatened or endangered species” is an animal species that is identified as threatened or endangered by the United States Fish and Wildlife Service or National Marine Fisheries Service.

History

• Rulemaking Authority 161.101(21), 161.143(6), 161.161(7) FS. Law Implemented 161.088, 161.091(1), 161.101(1), (2), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), 161.142(1), (2), (4), (5), (6), (7), 161.143(1), (2), (3), (4), (5), 161.161(1), (2), (6) FS. History–New 6-10-83, Formerly 16B-36.02, 16B-36.002, Amended 12-25-03, 8-5-13, 8-26-20.

Fla. Admin. Code R. 62B-36.003 General

(1) The Beach Management Program is established to develop and execute a comprehensive, long range, statewide beach management plan for erosion control, beach preservation, restoration, nourishment and storm protection for the critically eroded shoreline of the State of Florida. This comprehensive program includes the Strategic Beach Management Plan, the Critical Erosion Report, shoreline change reports, inlet management studies, state and federal feasibility and design studies, the Statewide Long Range Budget Plan, and other reports as the Department may find necessary for a multiyear maintenance and repair strategy. The comprehensive program is implemented through projects consistent with the Strategic Beach Management Plan and included in the Statewide Long Range Budget Plan.

(2) The Department shall annually review available information and revise the designations of critically eroded shoreline in the Critical Erosion Report. Local sponsors shall be notified of any proposed changes and be given an opportunity to submit additional information to justify or refute proposed revisions.

(3) Beach and inlet management projects funded by the Department shall be conducted in a manner that encourages cost-savings, fosters regional coordination of projects, optimizes management of sediments and project performance, protects the environment, and provides long-term solutions. Appropriate feasibility studies or analyses shall be required before design or construction of new projects.

(4) Beach and dune restoration and nourishment projects funded by the Department shall be accessible to the general public and access used to calculate eligibility shall be maintained for at least ten years following completion of each construction event. Shoreline segments shall be evaluated for public access as set forth in subsection 62B-36.007(1), F.A.C.

(5) Beach management projects will be evaluated on a case by case basis and may be cost shared, pursuant to Rules 62B-36.006 and 62B-36.007, F.A.C., when determined to avoid or minimize adverse impacts and be cost effective as demonstrated by feasibility and design studies.

(6) The goal of inlet management projects is to balance the sediment budget of the inlet system and the adjacent shorelines within the area of inlet influence. Inlet management projects will be evaluated based upon the criteria in Rules 62B-36.006 and 62B-36.007, F.A.C., and may be cost-shared with the local sponsor for up to 75 percent of the non-federal share.

(7) Activities primarily related to navigation or other infrastructure improvements at inlets are, generally, not eligible for cost sharing. However, components of projects which mitigate critically eroded shoreline caused by alterations, modifications or improvements to inlets, implement components of the Strategic Beach Management Plan, and which do not increase impacts, are eligible for cost sharing for those components which:

(a) Are designed to minimize the erosive effects to the downdrift shoreline caused by the inlet by improving or facilitating the efficiency of sand bypassing, such as the construction of sand bypassing facilities, sand traps and jetty alterations, or

(b) Cost effectively place beach quality sand on the adjacent eroded beaches, such as the incremental cost of placing sand on the beach rather than in an offshore disposal area. The Department will cost share only in the incremental cost of placement of the material. The Department will not cost share in activities normal to the operation and maintenance of the inlet, such as mobilization of equipment and design studies.

(8) Local sponsors are encouraged to consider existing inlet navigation maintenance activities as potential sources of sand when developing beach restoration or nourishment projects.

(9) Non-federal beach management projects shall be cost shared up to 50 percent of the total project cost. Projects authorized by Congress for federal financial participation in the Civil Works program of the United States Army Corps of Engineers shall be cost shared up to 50 percent of the non-federal share. Beach management projects approved to receive Federal Emergency Management Agency Public Assistance funding (Category G or equivalent subsequent program for designed, constructed and routinely maintained beaches) shall be cost-shared up to 50 percent of the local share after state and federal emergency funds are applied. Local sponsors shall pursue federal appropriations to the maximum extent possible in order to proportionally reduce state and local project costs.

(10) Upon notification from the Department of the 60-day submittal period, local sponsors shall submit an updated Annual Funding Request and Local Long Range Budget Plan. Annual funding shall only be requested for projects expected to be initiated or continued in that fiscal year.

(11) The Department shall annually review and rank all projects requested by local sponsors for the next fiscal year on either the beach management or inlet management project lists, and maintain current project listings in priority order. As part of the review, the Department shall seek formal input from local coastal governments, beach and general government associations, and other coastal interest groups, and university experts. The project listings shall also identify funds needed for statewide and regional management activities, state sponsored or co-sponsored demonstration projects, new feasibility and design studies, and a consolidated category for post-construction monitoring required by state and federal permits. Funding that may become available due to savings or scheduling changes shall be made available to projects on approved inlet management lists and for emergency situations as determined by the Governor pursuant to Section 161.111, F.S.

(12) Local sponsors may design and construct beach management projects prior to the receipt of funding from the state and may subsequently apply for reimbursement from the Department pursuant to the procedure in subsection 62B-36.009(3), F.A.C.

History

• Rulemaking Authority 161.101(13), (21), 161.143(6), 161.161(7) FS. Law Implemented 161.088, 161.091(1), 161.101(1), (2), (8), (9), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), 161.111, 161.142(1), (2), (4), (5), (6), (7), 161.143(1), (2), (3), (4), (5), 161.161(1), (2), (6), 216.181 FS. History–New 6-10-83, Formerly 16B-36.03, Amended 4-27-86, Formerly 16B-36.003, Amended 12-25-03, 8-5-13.

Fla. Admin. Code R. 62B-36.005 Annual Funding Requests

(1) Annual funding requests for cost sharing of beach management projects shall be submitted by the local sponsor to the Department. Projects previously submitted, but not funded, and projects with cost overruns may be included. Local sponsors who have received funding for projects in past fiscal years and who anticipate requesting funding in subsequent years shall update the Local Long Range Budget Plan as to costs and scheduling. The Local Long Range Budget Plan shall be consistent with the Strategic Beach Management Plan and have a 10-year minimum time frame. The annual funding request submittal shall be in electronic format and include:

(a) A detailed project description, including project boundaries by Department range monuments, methods used in conducting the project, and data or analysis to apply the ranking criteria required by Rule 62B-36.006, F.A.C.

(b) A map of the project area depicting the public beach access, public parking within one quarter mile of each beach access, public restroom facilities, public lodging establishments, comprehensive plan designations for current land use of commercial and recreational properties within the project boundary, and the one-quarter mile buffer and the values of properties that are enclosed or intersected by the buffer.

(c) Current license documentation on public lodging establishments within the project boundaries, including the number of units available, if used to document public access.

(d) A current or updated resolution from the local sponsor’s governing board which includes statements of their support of the project, willingness to serve as the local sponsor, and a statement of the extent of their ability and willingness to provide the necessary local funding share to implement the project. For projects proposing regionalization, local sponsors must provide an executed interlocal agreement, or comparable documentation, outlining the nature of regionalization.

(e) A schedule of activities by project phase.

(f) The annual project cost estimates indicating the federal, state, and local cost share, with sufficient supporting detail depicting costs of project phases. For projects with federal involvement, documentation to verify authorization, cost share, and funding status must be provided. For projects proposing cost-effectiveness, a project design analysis must be provided.

(g) The estimated volume of advanced nourishment lost since the last sand placement event of a beach restoration or nourishment project as measured landward of the Mean High Water Line (MHWL), and for construction projects, the proposed volume of beach fill placement.

(2) Annual funding requests for cost sharing of inlet management projects shall be submitted by the local sponsor to the Department. Projects previously submitted, but not funded, and projects with cost overruns may be included. Local sponsors who have received funding for projects in past fiscal years and who anticipate requesting funding in subsequent years shall update the Local Long Range Budget Plan as to costs and scheduling. The Local Long Range Budget Plan shall be consistent with the Strategic Beach Management Plan and have a 10-year minimum time frame. The annual funding request submittal shall be in electronic format and include:

(a) A map depicting the inlet.

(b) A description of the sediment budget and area of inlet influence from an adopted Inlet Management Plan or feasibility-level study.

(c) A detailed project description, including project boundaries by Department range monuments, methods used in conducting the project, and data or analysis to apply the ranking criteria required by Rule 62B-36.006, F.A.C.

(d) A current or updated resolution from the local sponsor’s governing board which includes statements of their support of the project, willingness to serve as the local sponsor, and a statement of the extent of their ability and willingness to provide the necessary local funding share to implement the project.

(e) A schedule of activities by project phase.

(f) The annual project cost estimates indicating the federal, state, and local cost share, with sufficient supporting detail depicting costs of project phases. For projects with federal involvement, documentation to verify funding status must be provided.

(g) For projects that propose cost-effectiveness for increased bypassing, a project design analysis to demonstrate the anticipated increase in bypassing must be provided. For projects that propose cost-effectiveness of using inlet sand, an opinion of probable cost per unit volume of the inlet and all other sand sources, certified by a licensed professional engineer must be provided.

(3) The Department shall evaluate projects submitted to determine consistency with the Strategic Beach Management Plan project ranking, and the extent of cost sharing. Upon completion of the evaluation process, all eligible projects will be incorporated into the Department’s Statewide Long Range Budget Plan, which will be submitted to the Legislature along with the Department’s Local Government Funding Request that annually prioritizes projects according to the criteria in Rule 62B-36.006, F.A.C.

(4) Funding requests shall be evaluated and ranked on the basis of information provided by the eligible governmental entity, except where such data is superseded by better quality information obtained by the Department. Local sponsors will be provided 21 days to review the project’s proposed ranking and provide clarification to support their requested award of scores. Failure to provide all required information and documentation relating to eligibility and ranking criteria will result in the request being declared ineligible or receiving reduced ranking points. Failure to provide accurate information will lead to termination of the project’s eligibility for funding for the requested fiscal year.

History

• Rulemaking Authority 161.101(21), 161.143(6), 161.161(7) FS. Law Implemented 161.088, 161.091(1), 161.101(1), (2), (8), (9), (11), (12), (14), (15), (16), (17), (18), (19), (20), 161.142(1), (2), (4), (5), (6), (7), 161.143(1), (2), (3), (4), (5) 161.161(1), (2), (6) FS. History–New 6-10-83, Formerly 16B-36.05, Amended 4-27-86, Formerly 16B-36.005, Amended 12-25-03, 8-5-13, 8-26-20.

Fla. Admin. Code R. 62B-36.006 Project Ranking Procedure

(1) Beach Management Projects. Eligible projects will receive a total point score by the Department based on the following criteria, equally weighted within the following specified tiers:

(a) Tier 1 accounts for 20 percent of the total score and consists of the tourism-related return on investment and the economic impact of the project.

1. Return on investment. This criteria consists of the ratio of the sum of the county-wide tourist development tax and tourism-related sales tax revenue for the most recent calendar year to the amount of state funding requested for the proposed construction project. Tourist development tax and tourism-related sales tax data will be derived from the Department of Revenue for the county that has jurisdiction over the project area. Tourism-related sales tax revenue is defined as taxes on hotel/motel accommodations, rooming houses, camps, and other lodging places. The calculation includes the amount of state funds requested for the construction and first year post-construction monitoring phases of the project. If the proposed project does not request construction funds, then the project is not eligible for points. The rank score shall be calculated using the ratios of all projects, for a maximum score of 10 points, with greater return on investment ratios receiving a higher score.

2. Economic impact. This criteria consists of the ratio of the sum of the county-wide tourist development tax and tourism-related sales tax revenue for the most recent calendar year to all county-wide sales tax revenues for the most recent calendar year. Tax data will be derived from the Department of Revenue for the county that has jurisdiction over the project area. Tourism-related sales tax revenue is defined as the taxes on hotel/motel accommodations, rooming houses, camps, and other lodging places. The rank score shall be calculated using the ratios of all projects, for a maximum score of 10 points, with greater economic impact ratios receiving a higher score.

(b) Tier 2 accounts for 45 percent of the total score and consists of the following criteria:

1. The availability of federal matching dollars, considering federal authorization, the federal cost-share percentage, and the status of the funding award.

a. Federal authorization. Projects with a United States Army Corps of Engineers (USACE) Civil Works congressional authorization for the requested project phase shall receive five points. Projects with a signed USACE Chief’s report for authorization of the requested project phase shall receive three points.

b. Federal cost share. Projects with a federal cost share percentage by the USACE for the proposed project phase(s). The federal cost share percentage for each project shall be divided by the highest cost share percentage of all projects, and multiplied by five, for a maximum score of five points. Federal cost share percentages from the Flood Control and Coastal Emergency funds or Federal Emergency Management Agency (FEMA) funds are not included.

c. Federal funds available. Projects with a current USACE project agreement executed for the requested project phase, projects listed in a USACE work plan, or FEMA projects with an approved Project Worksheet shall receive five points. Projects that are included in the Congressional Appropriations Act shall receive two points.

2. The storm damage reduction benefits of the project based on the following considerations:

a. Current conditions. Projects where the volume of advanced nourishment lost since the most recent beach nourishment, as measured above the mean high water elevation, shall receive a score equal to the following: , where L = the fraction of advance fill loss, for a maximum score of eight points. If the project area has not been restored, the Department will use historical mean high water data files contained in the Department’s Historic Shoreline Database to calculate the average rate of erosion during a representative period after 1972, but prior to any beach fill placement in the project area. Projects shall receive four points for one foot-per-year of erosion and one point for each additional half-foot of annual erosion up to a maximum score of eight points.

b. Threat to upland development. Projects where existing upland development is at or seaward of the projected erosion limit of a 25-year return interval storm event shall receive points based on the percentage of threatened properties within the project boundaries, multiplied by 10, for a maximum score of two points. Upland development on properties where the mean high water shoreline is seaward of the project design template, or where coastal armoring exists on a property, shall not be deemed threatened.

c. Value of upland property. The total value of all upland properties within one-quarter mile landward of the project’s ECL or, if not available, the MHWL, or a proposed project boundary alternative. The values of properties that are enclosed or intersected by the one-quarter mile buffer shall be retrieved from the Department of Revenue’s most current statewide database and the total value will be calculated in ArcGIS. Property values to be used are established by the property appraiser for ad valorem purposes (i.e., market value). The rank score shall be calculated using the total values of all projects, for a maximum score of five points, with greater total property value receiving a higher score.

3. The cost-effectiveness of the project based on the following considerations:

a. Cost-effectiveness as a function of cost per volume per mile per year. Cost calculations for the proposed construction event will include the construction phase costs of beach restoration or beach nourishment. Associated project mitigation and post-construction monitoring costs will not be included. The rank score shall be calculated using the costs for all projects requesting construction funds for the current funding year, for a maximum score of 10 points, with lower costs receiving a higher score.

b. Cost-effectiveness as a function of enhanced longevity; dune addition; innovative technology; and regionalization. Projects that have one of the following shall receive three points and projects that have two or more of the following shall receive five points: 1. propose structural or design components that could extend the beach nourishment interval; 2. incorporate new or enhanced dune structures or new or existing dune restoration and revegetation projects that reduce upland storm damage costs; 3. propose innovative technologies designed to reduce project costs; or 4. two or more local sponsors manage their projects together to conserve sand resources or reduce contracting cost, or projects that propose regional sediment management strategies and coordinate to conserve sand source resources and reduce project costs for scheduled beach nourishment purposes. Projects permitted under Rule 62B-41.0075, F.A.C., for Experimental Coastal Construction will qualify for innovative technology points.

(c) Tier 3 accounts for 20 percent of the total score and consists of the following criteria:

1. Previous state commitment and involvement in the project:

a. Previously funded phases. Projects where the Department has previously cost shared, reviewed, and approved a feasibility or design phase shall receive one point.

b. Total amount of previous funding. The total amount of state funding appropriated for projects from the Department’s Beach Management Funding Assistance Program through annual legislative and hurricane appropriations shall be summed for the previous 10 years. The rank score shall be calculated using the total amounts for all projects, for a maximum score of three points, with greater amounts of previous funding receiving a higher score.

c. Previous partial appropriation. Projects that have received a partial appropriation for the proposed project phase(s) within three years of completion shall receive one point.

2. The recreational benefits of the project based on the accessible beach area added by the project and public accessibility:

a. Accessible beach area. The accessible beach area (square feet) added or maintained by the project shall be defined as the alongshore length and cross-shore width, which are bound by the ECL along the landward edge and the MHWL contour along the seaward edge of the design profile. If the project does not incorporate a design profile, then the cross-shore width of accessible beach area shall be bound by the ECL along the landward edge and the historic pre-construction MHWL contour along the seaward edge. If an ECL does not exist, the pre-project MHWL used in the engineering and design of the beach restoration will be used as an alternative. Project area shall be divided by the average for all projects in their region (Gulf coast or Atlantic coast), multiplied by two, for a maximum score of two points.

b. Recreational benefits. The percentage of linear footage of property within the total project boundary that is zoned as recreational or open space, for commercial use, or to allow for public lodging establishment, or the equivalent, in the current local government land use map. Only properties fronting the project shoreline will be considered. Un-designated properties will be considered designated or zoned the same as the adjacent property designations. Street ends will be considered recreational if they provide access to the beach, in accordance with subsection 62B-36.002(15), F.A.C. The percentage shall be multiplied by three, for a maximum score of three points.

3. The extent to which the project mitigates the adverse impact of improved, modified, or altered inlets on adjacent beaches: Projects that provide supplemental nourishment to adjacent beaches needed to mitigate deficiencies in the annual target inlet sand bypassing quantity supplied by inlet management activities shall receive points based on the percent of the target quantity to be achieved by the supplemental nourishment, multiplied by five, for a maximum score of five points.

4. The degree to which the project addresses the state’s most significant beach erosion problems as a function of the linear footage of the project shoreline and the cubic yards of sand placed per mile per year: The volume per mile per year for projects requesting construction funds in a given year shall be compared by project region (Gulf coast or Atlantic coast). The calculation includes the volume of sand placement for the proposed project, the project length, and nourishment interval. The rank score shall be calculated using all project values within a given region, for a maximum score of five points, with greater volume per mile per year receiving a higher score.

(d) Tier 4 accounts for 15 percent of the total score and consists of the following criteria:

1. Increased prioritization of projects that have been on the Department’s ranked project list for successive years and that have not previously secured state funding for project implementation: Projects requesting funds for the same project phase(s) as the previous year, in which the request did not secure state funding, shall be awarded three points for the first successive request and five points for two or more years of successive requests, respectively. If the successive request adds the construction phase, then only one point shall be awarded.

2. Environmental habitat enhancement: Projects within designated critical habitat areas for threatened or endangered species that are subject to extensive shoreline armoring or non-designated areas where extensive armoring threatens the habitat of such species shall receive three points. Critical habitat areas shall include Endangered Species Act federally-designated critical habitat (including critical habitat units excluded from federal designation due to inclusion in a Habitat Conservation Plan) for threatened and endangered species pursuant to subsection 62B-36.002(21), F.A.C. Armoring along projects within designated critical habitat areas shall be considered extensive if existing armoring and shoreline that is subject to armoring based on a 25-year storm threat is at least 30 percent of the project’s length. Armoring along projects within non-designated areas shall be considered extensive if at least 50 percent of the project’s length has existing armoring that threatens the habitat of such species. Projects that are eligible for three points as defined above may be eligible for an additional two points if the project exceeds best management practices to incorporate turtle-friendly designs and management strategies to protect resources or benefit critical habitat preservation.

3. The overall readiness of the project to proceed in a timely manner based on the following considerations:

a. Readiness to construct. Projects that have all of the following shall receive one point: active state and federal permits, acquired necessary easements, secured local funding, and an established ECL.

b. Active permits. Projects that have active state and federal permits as required for the proposed project phase(s) shall receive one point.

c. Easements acquired. Projects that have acquired all necessary easements for construction of the project shall receive one point.

d. Secured local funds. Projects that have secured the local funding necessary for the project shall receive one point.

e. Established ECL. Projects that have an established ECL shall receive one point.

If more than one project qualifies equally under the provisions of this subsection, the Department shall assign funding priority to those projects shown to be most ready to proceed.

(2) Inlet Management Projects. Local sponsors requesting funding for inlet management projects for the upcoming fiscal year will be ranked in priority order for the Department’s Local Government Funding Request. Eligible projects will be assigned a total point score by the Department based on the following criteria:

a. Sand reaching the inlet. Estimate of the annual quantity of beach-compatible sand reaching the updrift boundary of the improved jetty or inlet channel, quantified at the rate of one point per 20,000 cubic yards per year for the Atlantic coast inlets and one point per 10,000 cubic yards per year for the Gulf coast inlets, for a maximum score of 10 points.

b. Severity of erosion. The target inlet sand bypassing quantity, as adopted in an Inlet Management Plan (IMP) or an inlet component of the statewide Strategic Beach Management Plan, is a volumetric estimate of the severity of erosion to the adjacent beaches caused by the inlet. Projects shall receive one point per 10,000 cubic yards per year of the target inlet sand bypassing quantity for Atlantic coast inlets and one point per 5,000 cubic yards for Gulf coast inlets, for a maximum score of 10 points.

c. Balancing the sediment budget. Annual average bypassing volume to be placed on the adjacent eroding shorelines, divided by the annual bypassing objective, as determined by the IMP or a Department-approved study, will be multiplied by 10, for a maximum score of 10 points.

d. Increased bypassing improvements. The proposed annualized increase in bypassing of material from within the inlet system divided by the unmet annual bypassing objective, will be multiplied by 10, for a maximum score of 10 points. The unmet annual bypassing objective is equal to the volume of the annual bypassing objective less the current annualized bypassing volume using material from within the inlet system. Projects requesting construction phase funds for modest, cost-effective improvements are eligible for points in this category.

e. Cost-effectiveness of a proposed project using inlet sand. Cost-effectiveness is the difference in the cost per unit volume of sand made available by a proposed inlet management project versus an alternative source (such as an offshore source, or an inland source, whichever costs less). The cost-effectiveness is equal to one minus the unit cost of the proposed project divided by the alternate source, multiplied by 15, for a maximum score of 10 points. Projects requesting construction phase funds for a major inlet management project component are eligible for points in this category.

f. Inlet Management Plan.

1. Existing IMP. Projects that have an existing IMP or a Department-approved local-government-sponsored inlet study addressing the mitigation of an inlet’s erosive effects on adjacent beaches shall receive five points.

2. Updated IMP. Projects that have an updated IMP or Department-approved local-government-sponsored inlet study addressing the mitigation of an inlet's erosive effects on adjacent beaches within the last five years shall receive five points.

3. New IMP. Projects proposing to develop a new inlet management study to be submitted to the Department for adoption of an IMP shall receive 10 points.

g. Enhanced longevity of proximate beach projects. Projects that enhance and maintain the performance and longevity of proximate beach nourishment projects within the area of inlet influence shall receive points based on the percentage of the annualized beach nourishment volume supplied by the average annual volume of inlet sand bypassing, multiplied by 10, for a maximum score of 10 points.

h. Criteria in 161.101(14) applicable to inlets.

1. Projects that have active state and federal permits as required for the proposed project activity shall receive one point.

2. Projects that have federal funds available for the proposed activities pursuant to the IMP shall receive three points.

3. The total amount of state funding appropriated for projects from the Department’s Beach Management Funding Assistance Program through annual legislative appropriations shall be summed for the previous 10 years. The rank score shall be calculated using the total amounts for all projects, for a maximum score of four points, with greater amounts of previous funding receiving a higher score.

4. Projects that have secured the local funding necessary for the project shall receive two points.

i. Inlet management studies will be ranked using only the criteria listed in subsections (a), (f), and (h). Ranking of inlet management studies will be a normalization based on the total point value of the above referenced criteria.

History

• Rulemaking Authority 161.101(21), 161.143(6), 161.161(7) FS. Law Implemented 161.088, 161.091(1), 161.101(1), (2), (8), (9), (11), (12), (14), (15), (16), (17), (18), (19), (20), 161.142(1), (2), (4), (5), (6), (7), 161.143(1), (2), (3), (4), (5), 161.161(1), (2), (6) FS. History–New 6-10-83, Formerly 16B-36.06, 16B-36.006, Amended 12-25-03, 8-5-13, 8-26-20.

Fla. Admin. Code R. 62B-36.007 Project Cost Sharing

(1) Until the unsatisfied demand for restoring and repairing Florida’s beaches is met, the Department intends to share in the costs of beach management projects with local sponsors. Cost sharing will only be applied to the portion of the project necessary to benefit shoreline designated by the Department as critically eroded. The Department shall cost share up to 50 percent of the total costs for non-federal beach management projects. The Department shall cost share up to 50 percent of the non-federal share of U.S. Army Corps of Engineers Civil Works projects. The Department shall cost share up to 50 percent of the non-federal and state emergency fund share for projects approved to receive Federal Emergency Management Agency Public Assistance funding (Category G or equivalent subsequent program for designed, constructed and routinely maintained beaches). State cost share is subject to adjustment for the level of public accessibility calculated for beach management projects. Project shoreline lengths eligible for cost sharing are quantified at the rate of 100 units of eligibility per mile (5,280 feet) or 52.8 feet per unit. A unit is defined as one automobile parking space, one rental unit in a Public Lodging Establishment, one mass transit stop, or 4 bicycle parking spots. Eligible shoreline lengths are calculated using the following criteria:

(a) Primary beach access sites shall be granted eligibility for the shoreline length of the access site. Additional eligibility shall be granted at a rate of 52.8 linear feet per unit for one-half mile in each shore parallel direction for the following units;

1. Automobile parking spaces located within one quarter mile of a primary access site may be granted eligibility for that public access site at the rate of one unit, or 52.8 feet, per parking space.

2. Bicycle parking located within one quarter mile of a primary access site may be granted eligibility at the rate of one-quarter of a unit, or 13.2 feet, per designated bicycle parking spot. Bicycle parking spots used for eligibility may not exceed 211.2 feet per public access site.

3. Mass transit, such as buses or trolleys, may be granted eligibility at the rate of one unit, or 52.8 feet, per bus stop located within one quarter mile of the public access site. Bus stops used for eligibility may not exceed 211.2 feet per public access. In order to qualify, mass transit must be accessible to the general public and operational year round.

(b) Beachfront public lodging establishments shall be granted eligibility based upon 52.8 feet of shoreline eligibility per unit available to the public. Maximum eligibility may not exceed the beach front width of the property.

(c) Secondary beach access sites shall be granted eligibility for the shoreline length of the access site. Additional eligibility shall be granted at a rate of 52.8 linear feet per unit for up to one-quarter mile in either shore parallel direction, for the following units:

1. Public lodging establishments not located on the beach front but located within one quarter mile of a secondary public access point may contribute to the eligibility for that public access site at the rate of 52.8 feet of shoreline eligibility per rental unit available to the public. Maximum eligibility may not exceed the street-side frontal width of the property.

2. Bicycle parking located within one quarter mile of a secondary access site may be granted eligibility at the rate of 13.2 feet per designated bicycle parking spot. Bicycle parking spots used for eligibility may not exceed 211.2 feet per public access site.

3. Mass transit, such as buses or trolleys, may be granted eligibility for that public access site at the rate of one unit, or 52.8 feet, per bus stop located within one quarter mile of the public access site. Bus stops used for eligibility may not exceed 211.2 feet per public access. In order to qualify, mass transit must be accessible to the general public and operational year round.

4. Automobile parking spaces located within one quarter mile of a secondary access site may be granted eligibility for that public access site at the rate of one unit, or 52.8 feet, per parking space.

(d) Eligible shoreline lengths cannot overlap.

(e) The sum of the eligible shoreline lengths, as defined above, is divided by the total project length to determine the percentage of the total project that is eligible for cost sharing.

(f) The Department shall pay up to 100 percent of the costs of approved beach management projects when construction and maintenance are on lands with public beach access of which the state is the upland riparian owner and such lands are managed by the state.

(2) For inlet management projects, the Department shall cost-share 75 percent of the non-federal cost with the local sponsor for eligible components, pursuant to section 161.143(3), F.S.

(3) Cost savings which occur due to the planned geographic coordination or sequencing of two or more projects between local sponsors, may qualify for additional reimbursement. Geographic sequencing means combining two projects together for the purpose of contracting. In order to determine the increase in the state’s cost share the projects shall demonstrate the cost savings of combining the projects and request reimbursement for the demonstrated cost savings following completion of the project phase. The cost share shall be adjusted not to exceed the state’s maximum cost share amount of 75 percent of the eligible costs.

(4) All costs of physical and biological monitoring required by state and federal permits are eligible for cost sharing.

(5) A local sponsor may voluntarily agree at any time that an appropriation cannot be used and provide the Department with written agreement that such funds shall be available for reallocation.

(6) The Department will cost share for private contractual services necessary to conduct the project. Services may be contracted to a local sponsor if the Department is shown evidence that the local sponsor’s proposal is cost effective, of sufficient professional quality, and otherwise in the general public interest. In determining whether contractual services are cost effective, the Department shall consider cost estimates provided by the local sponsor from fully qualified private companies or individuals. Specific contractual services performed by or for local governments shall be subject to specific accountability measures and audit requirements and be consistent with the principles of chapter 287, F.S., for competitive bidding and opportunity.

History

• Rulemaking Authority 161.101(21), 161.143(6), 161.161(7) FS. Law Implemented 161.088, 161.091(1), 161.101(1), (2), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), 161.142(1), (2), (4), (5), (6), (7), 161.143(1)-(5), 161.161(1), (2), (6) FS. History–New 6-10-83, Formerly 16B-36.07, Amended 4-27-86, Formerly 16B-36.007, Amended 12-25-03, 8-5-13.

Fla. Admin. Code R. 62B-36.009 Project Agreements

(1) The Department and the local sponsor will execute a project agreement when funds are available and the project is ready to proceed. The project agreement shall include the following:

(a) The estimated costs for each eligible project item, including the amount of the local sponsor’s share, the Department’s share, and when applicable, the federal share;

(b) A scope of work and estimated date of completion for each eligible project item; and,

(c) A periodic reporting and billing schedule.

(2) The Department’s annual financial obligation under the agreement shall be contingent upon a legislative appropriation and continued availability of funds. Funds not expended in a timely manner are subject to reversion or re-appropriation.

(3) Local sponsors may design and construct beach management projects which are consistent with this rule and chapter 161, F.S., prior to the receipt of funding from the state pursuant to sections 161.101 and 161.161, F.S., and may subsequently apply for reimbursement from the state within three years of the completion of the project pursuant to section 161.101, F.S., provided that:

(a) The local sponsor has obtained from the Department approval for cost-sharing for all scopes of work related to the project and has established the basis for reimbursement before the project phase commences. No reimbursement shall be granted for work accomplished prior to the date of the agreement unless specifically set forth in the agreement;

(b) The project has been subject to review by the Department in the design or construction phases and the project has been found to be consistent with the intent of chapter 161, F.S., for project eligibility and cost effectiveness;

(c) Reimbursement shall be limited to eligible project costs as specified in the written agreement referenced in paragraph (a), above, and this rule;

(d) The project has been prioritized as required in sections 161.101(14) and 161.143(2), F.S., and is subject to legislative appropriation; and,

(e) Documentation of costs are provided to the Department, pursuant to the requirements of the State’s Auditor General.

History

• Rulemaking Authority 161.101(21), 161.143(6), 161.161(7) FS. Law Implemented 161.088, 161.091(1), 161.101(1), (2), (8), (9), (10), (11), (12), (14), (15), (16), (17), (18), (19), (20), 161.143(2), (3), (4), 161.161(1), (2), (6), 216.181, 287.057 FS. History–New 6-10-83, Formerly 16B-36.09, 16B-36.009, Amended 12-25-03, 8-5-13.

Chapter 62B-41 RULES AND PROCEDURES FOR APPLICATION FOR COASTAL CONSTRUCTION PERMITS

Fla. Admin. Code R. 62B-41.002 Definitions

(1) “Accretion” is the buildup of land or accumulation of unconsolidated material within the coastal system caused by wind and wave action, storm surge, or tidal or littoral currents. Accretion includes:

(a) Waterward horizontal movement of the mean high-water line or beach profile.

(b) Volumetric gain of sediment to the coastal system.

(2) “Agent” is any person with the written power or authority to act on behalf of the applicant for purposes of an application submitted under chapter 161, F.S.

(3) “Applicant” is any person, firm, corporation, county, municipality, township, special district, any public agency, or their agent, having authority pursuant to section 161.041, F.S., to request a permit to conduct any coastal construction activities upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the State.

(4) “Armoring” is a manmade structure designed to either prevent erosion of the upland property or protect eligible structures from the effects of coastal wave and current action. Armoring includes certain rigid coastal structures such as geotextile bags or tubes, seawalls, revetments, bulkheads, retaining walls, or similar structures but does not include jetties, groins or other construction whose purpose is to add sand to the coastal system, alter the natural coastal currents or stablilize the mouths of inlets.

(5) “Beach” is the zone of unconsolidated material that extends landward from the mean low-water line to the place where there is marked change in material or physiographic form, or to the line of vegetation.

(6) “Breakwater” is a structure which has the effect of protecting shoreline areas, harbors, inlets or basins from the forces of currents and wave action.

(7) “Bulkhead” is a structure or vertical partition designed primarily to retain or prevent slumping of the upland soil mass. A bulkhead may also provide a level of protection against erosion by wave or current action.

(8) “Coastal Construction” includes any work or activity on or encroaching upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the state, which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes.

(9) “Coastal System” is the beach and adjacent upland dune system and vegetation; swash zone; surf zone; breaker zone; offshore and longshore shoals; reefs and bars; tidal, wind and wave driven currents; longshore and onshore/offshore drift of sediment materials; inlets and their ebb and flood tide shoals and zones of primary tidal influence, and all other associated natural and manmade topographic features and structures.

(10) “Comparable Alternative Access” is public access provided by the applicant that is similar in size and functionality to the public access being replaced. Such access proposed by the applicant shall be within walking distance from the public access that was permanently lost due to the coastal construction project. Comparable alternative access must not expose the user to unsafe conditions, must be clearly identified, and must include authorization from the upland property owner.

(11) “Department” is the Florida Department of Environmental Protection. The head of the Department is the Secretary.

(12) “Eligible Structures” are public infrastructure and private structures qualified for armoring as follows:

(a) Public infrastructure includes those roads designated as public evacuation routes, public emergency facilities, bridges, power facilities, water or wastewater facilities, other utilities, hospitals, or structures of local governmental, state, or national significance.

(b) Private structures include:

1. Non-conforming habitable structures;

2. Major non-habitable structures, which are not expendable;

3. Expendable major structures which are amenities necessary for occupation of the major structure; and,

4. Expendable major structures whose failure would cause an adjacent upland non-conforming habitable structure or major non-habitable structure, which is not expendable, to become vulnerable to damage from frequent coastal storms.

(c) Eligible structures do not include minor structures.

(13) “Environmentally Sensitive Area” is a part of the coastal system which the Department of Environmental Protection, in consultation with the Florida Fish and Wildlife Conservation Commission, according to section 379.2431, F.S., has determined to be of such significance that application of a proposed new technology poses an unacceptable risk to the ecology.

(14) “Erosion” is the wearing away of land or the removal of consolidated or unconsolidated material from the coastal system by wind or wave action, storm surge, tidal or littoral currents or surface water runoff. Erosion includes:

(a) Landward horizontal movement of the mean high-water line or beach profile.

(b) The vertical lowering or volumetric loss of sediment from the beach and dune or the offshore profile.

(15) “Erosion Control Line” is the line determined in accordance with the provisions of sections 161.141-.211, F.S., and recorded pursuant to section 161.181, F.S., in connection with beach restoration projects. Where established, an erosion control line represents the landward extent of the claims of the state in its capacity as sovereign title holder of the submerged bottoms and shores of the Atlantic Ocean, the Gulf of Mexico, the Straits of Florida, and the bays, lagoons, and other tidal reaches thereof.

(16) “Excavation” is any mechanical or manual removal of consolidated or unconsolidated soil or rock material from the coastal system.

(17) “Groin” is a structure built (usually perpendicular to the shoreline) to trap or alter alongshore movement of sediment or to retard erosion of the coastal system.

(18) “Impacts” are defined as follows:

(a) “Adverse Impacts” are those impacts caused by coastal construction that have a reasonable potential of causing a measurable interference with the natural functioning of the coastal system, damage to existing structures or properties, or denial or restriction of lateral beach access. The active portion of the coastal system extends offshore to the seaward limit of sediment transport and includes ebb tidal shoals and offshore bars.

(b) “Cumulative Impacts” are impacts resulting from the short-term and long-term impacts and the direct and indirect impacts the activity would cause in combination with existing structures in the area and any other similar activities already permitted or for which a permit application is pending within the same fixed coastal cell. The impact assessment shall include the anticipated effects of the construction on the coastal system and marine turtles. Each application shall be evaluated on its own merits in making a permit decision, therefore, a decision by the Department to grant a permit shall not constitute a commitment to permit additional similar construction within the same fixed coastal cell.

(c) “De Minimis Impacts” are impacts that are insignificant and do not have a measurable adverse impact either individually or cumulatively.

(d) “Significant Adverse Impacts” are adverse impacts of such magnitude that they are expected to alter the coastal system in a manner that results in either:

1. An increase in the rate of erosion;

2. Rendering the coastal system unstable or vulnerable to the effects of coastal storms or interfere with its ability to recover from the effects of a coastal storm; or

3. A take, as defined in subsection 62B-41.002(47), F.A.C., unless, as provided for by the provisions of section 379.2431(1)(h), F.S.

(19) “Inlet,” also referred to as “Pass,” is a short narrow waterway including all related flood and ebb tidal shoals and the inlet shorelines, connecting a bay, lagoon, or similar body of water with a large parent body of water such as the Gulf of Mexico, Straits of Florida, or the Atlantic Ocean. Inlets for the purposes of this chapter are classified as follows:

(a) “Altered Inlets” also referred to as modified or improved inlets, are those where stabilizing rigid coastal structures have been constructed; or, unstabilized inlets, where inlet related structures have been constructed and maintained and the channel depth or width is greater than the inlet system would support in a natural condition.

(b) “Natural Inlets” are those which are not altered or maintained, and are shaped by natural coastal processes.

(c) “Intermittent Inlets” are natural inlets that may be closed, but are subject to periodic opening under coastal processes and are inherently unstable and can be expected to close again when conditions change.

(d) “Flushing Outlets” release water from water bodies inland of the beach, and function to preserve or restore water quality by conducting the flow of water from fresh water and estuarine systems into marine systems, although during times of tidal flood, water may move from marine systems into estuarine or fresh water systems.

(20) “Landward” is the direction away from the sovereignty submerged lands of Florida toward the land above the mean high-water line.

(21) “Major Reconstruction” is the repair, replacement, or rebuilding, of an existing rigid coastal structure which is no longer capable of providing its original level of protection or which would change the alignment, design or level of protection provided by the original structure.

(22) “Marine Turtle” is any turtle, including all life stages from egg to adult, found in Florida waters or using the beach as nesting habitat, including the following species: loggerhead (Caretta caretta), green (Chelonia Mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), and Kemp’s ridley (Lepidochelys kempi).

(23) “Mean High-Water” is the average height of the high-waters over a 19-year period. For shorter periods of observation, “mean high-water” is the average height of the high-waters after corrections are applied to eliminate known variations and to reduce the results to the equivalent of a mean 19-year value.

(24) “Mean High-Water Line” is the intersection of the tidal plane of mean high-water with the beach.

(25) “Minor Reconstruction” is the repair or routine maintenance of an existing rigid coastal structure necessary to retain the structural and functional integrity of the structure against the storm forces for which it was designed, including; cap repair, tie back replacement, landward extensions of return walls and replacement of armor stone, none of which change the original alignment, design, or level of protection.

(26) “Mitigation” is an action or series of actions taken by the applicant that will offset adverse impacts caused by a proposed or existing coastal construction project.

(27) “N.A.V.D.” is the North American Vertical Datum of 1988, established by the National Ocean Survey.

(28) “Nesting Activity” is nesting beach selection, emergence of adult marine turtles from marine waters onto the beach, nest site selection, transit to and from the nest site, nest excavation, egg deposition, nest covering, incubation of eggs, hatching, hatchling emergence, orientation and the transit of hatchlings into marine waters.

(29) “New Technology” is applied science proposed to solve a specific coastal erosion or related problem in Florida, about which the staff and professional engineering community have insufficient available information to predict the performance reliability for general applications under a range of anticipated operational conditions and potential impacts to the coastal system.

(30) “N.G.V.D.” is the National Geodetic Vertical Datum, as established by the National Ocean Survey (formerly called “mean sea level datum, 1929”).

(31) “Nonconforming Structure” is any major habitable structure which was not constructed pursuant to a permit issued by the Department, in accordance with section 161.052 or 161.053, F.S., on or after March 17, 1985.

(32) “Notice to Proceed” is the formal notification from the Department authorizing permitted coastal construction to commence.

(33) “Permit” is the authorization issued by the Department to conduct certain specified construction, excavation or alteration activities at a specified location on state sovereignty land seaward of the mean high-water line of any tidal water.

(34) “Permit Condition” is a statement or stipulation issued with, and appearing on or referenced in, a coastal construction permit with which compliance is necessary for continued validity of the permit.

(35) “Revetment” is a sloped facing structure made of an armoring material designed to protect an escarpment or embankment, or upland structure, from erosion by wave or current action.

(36) “Riparian Owner” is an owner of land along, bordering upon, bounded by, fronting upon, abutting or adjacent and contiguous to and in contact with the waters of the State of Florida.

(37) “Sand Bypassing” is the mechanical or natural movement of sand from one beach adjacent to an inlet or from within an inlet system, to another beach adjacent to the same inlet.

(38) “Scour” is erosion caused by waves and currents or by the interaction of waves and currents with man-made structures or natural features.

(39) “Seawall” is a structure separating land from water areas, primarily designed to prevent erosion and other damage due to wave or current action.

(40) “Seaward” is a direction toward the sovereignty submerged lands of Florida from the land above the mean high-water line.

(41) “Shoreline” is the intersection of a specified plane of water with the shore or beach.

(42) “Staff” is the staff of the Division of Water Resource Management.

(43) “Storm Surge” is the rise of water above normal water level on the open coast due to a number of factors, including the action of wind stress on the water surface and the rise in water level due to atmospheric pressure reduction.

(44) “Strategic Beach Management Plan” is the adopted plan for management of the sandy beach and the related coastal system pursuant to section 161.161, F.S.

(45) “Structure” is the composite result of putting together or building related components in an ordered scheme. For purposes of this chapter, “structure” includes:

(a) “Rigid Coastal Structures” which are structures characterized by their solid or highly impermeable design or construction. Typically included within this category are groins, breakwaters, mound structures, jetties, weirs, seawalls, bulkheads and revetments.

(b) “Flexible Coastal Structures” which are structures characterized by their frangible design or construction and ability to become freely assimilated into the coastal system by natural coastal processes. Typically included within this category are beach restoration and beach nourishment, dune restoration and revegetation.

(c) “Inlet-Related Structures” are structures typically constructed within an inlet, such as inlet bypassing systems, dredged channels, and sand traps.

(d) “Minor Coastal Structures” are structures designed to be expendable and to minimize resistance to water forces associated with high frequency coastal storms, and to break away when subjected to such forces and are of such size or design that they have a de minimis impact on the coastal system.

(e) “Major Coastal Structures” are structures whose design, location or size have the potential to cause an adverse impact to the coastal system. Major structures include:

1. “Nonhabitable Major Structures” which are designed primarily for uses other than human occupancy and have limited potential for use as shelters. Typically included within this category are roads, bridges, storm water outfalls, bathhouses, cabanas, swimming pools and garages.

2. “Habitable Major Structures” which are designed primarily for human occupancy and are potential locations for shelter from coastal storms. Typically included within this category are residences, hotels, commercial buildings, stores and restaurants.

(f) Enumeration of the types of structures in this subsection shall not be construed as excluding from the application of this chapter any other structure which by its usage, design, dimensions, or structural configuration meet the general definition herein provided and would require engineering considerations similar to the above listed structures.

(46) “Take” is an act that actually kills or injures marine turtles, and includes significant habitat modification or degradation that kills or injures marine turtles by significantly impairing essential behavior patterns, such as breeding, feeding, or sheltering, as defined in paragraph 379.2431(1)(c), F.S.

(47) “Toe Scour Protection” is supplemental armoring to protect the bottom surface in front of seawall or bulkhead from scour due to wave or current action.

History

• Rulemaking Authority 161.041(1), 161.055(1), (2), 161.085(5) FS. Law Implemented 161.021(1), (6), (7), (9), 161.041(1), 161.051, 161.085(1), (2), 161.142(1), (2), (5), 161.143(1), 161.151(3), 161.161(1), 161.163, 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.002, Amended 10-23-01, 11-17-11, 1-11-17.

Fla. Admin. Code R. 62B-41.003 General Prohibitions

(1) No coastal construction shall be conducted without a permit issued by the Department under this chapter, unless it is determined that the coastal construction does not fall within the requirements of section 161.041, F.S., or unless the interior tidal water body is exempted by the Department pursuant to section 161.041(1), F.S.

(2) The Department shall deny any application for a coastal construction project if, after considering any proposed mitigation plan, the proposed project as a whole will result in a significant adverse impact.

(3) No coastal construction shall interfere, except during construction, with the use by the public of any area of a beach seaward of the mean high-water line (or an established erosion control line) unless the Department determines such interference is unavoidable for purposes of protecting the beach or any endangered upland structure determined to be eligible pursuant to the criteria listed in subsection 62B-41.005(6), F.A.C. If interference with public access is unavoidable, the applicant shall provide comparable alternative access.

(4) The Department shall deny any application for a coastal construction project that would result in a take of marine turtles, as defined in subsection 62B-41.002(47), F.A.C., unless and incidental take is authorized, as provided for by the provisions of section 379.2431(1)(h), F.S. However, if the Department issues a permit pursuant to section 161.041(5), F.S., in advance of the issuance of an incidental take authorization, construction of permitted activities shall not begin until an incidental take authorization, as provided for in the Endangered Species Act, is effective.

History

• Rulemaking Authority 161.041(1), 161.055(1), (2) FS. Law Implemented 161.021(1), 161.041(1), (2), 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.003, Amended 10-23-01, 11-17-11, 1-11-17.

Fla. Admin. Code R. 62B-41.004 Exemptions from Permit Requirements

(1) The deepwater ports identified in section 403.021(9)(b), F.S., are exempt from the requirements contained in sections 161.142(1) and (2), F.S.

(2) The following coastal construction shall be exempt from the provisions of this chapter when it is determined by the Department that it will not have an adverse impact:

(a) Coastal construction in the interior tidal waters of the state not fronting the sandy beaches along the Atlantic Ocean, Gulf of Mexico or Straits of Florida, excluding inlets, passes, their associated ebb and flood tidal shoals and channels.

(b) Structures which do not fall within the definition of coastal construction as defined in subsection 62B-41.002(8), F.A.C.

(c) Structures having de minimus impacts as defined in paragraph 62B-41.002(19)(c), F.A.C.

History

• Rulemaking Authority 161.041(1), 161.055(1), (2) FS. Law Implemented 161.021(6), 161.041(1), (2), 161.051, 161.142, 161.143, 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.004, Amended 10-23-01.

Fla. Admin. Code R. 62B-41.005 Policy and Eligibility Criteria for Coastal Construction Permits

(1) In keeping with the intent of Chapter 161, F.S., it is the Department’s policy to prevent further degradation of, and to promote restoration of existing degraded portions of, the coastal system by means of the regulation of coastal construction.

(2) Coastal construction authorized by the Department pursuant to Chapter 62B-41, F.A.C., shall have a net positive benefit to the coastal system resulting from the project’s impacts, as demonstrated by the applicant, taking into account the considerations and requirements of Section 161.041, F.S., and when proposing inlet construction and maintenance, the considerations and requirements of Section 161.142, F.S.

(3) The Department will determine whether to authorize coastal construction at any coastal location upon receipt of an application, pursuant to subsection 62B-49.005(1), F.A.C., from a property or riparian owner and upon consideration of the facts or circumstances, including:

(a) Adequate engineering data concerning the existing coastal system, including topography, bathymetry; wave and current data; coastal processes, conditions and morphological trends;

(b) Design features of the proposed structures or activities;

(c) Such other specific information or calculations as are necessary for the evaluation of the application.

(4) Flexible coastal structures will be used whenever practicable to achieve coastal protection objectives.

(5) Structures which interfere with the natural longshore and onshore/offshore movement of sediments shall not be allowed unless a net positive benefit to the coastal system can reasonably be expected to occur and mitigation is provided for any adverse impacts which may occur to the coastal system.

(6) The Department shall not issue permits, pursuant to Section 161.041, F.S., for coastal armoring except as a last resort to provide protection to eligible structures. Construction of coastal armoring will only be considered in accordance with the following:

(a) The armoring is for the protection of an eligible structure;

(b) The structure to be protected is vulnerable to erosion from a five (5) year return interval storm event as determined by the Department based on an analysis of general and site specific physiographic features or conditions such as: storm surge hydrograph and duration, bathymetry and topography, sediment and wave characteristics, and manmade and natural structures;

(c) All other alternatives, including dune enhancement, beach restoration, structure relocation, and modification of the structure’s foundation to make it no longer vulnerable to the erosion impacts of at least a five year return interval storm event, are determined not to be economically and physically practicable;

(d) Such armoring does not result in a net reduction or restriction to public access along the beach below the mean high-water line. If interference with public access is unavoidable, the applicant shall provide comparable alternative access; and,

(e) It is demonstrated that after considering any proposed mitigation plan, the proposed project as a whole will not cause a significant adverse impact.

(7) In the review of applications for armoring, Department staff shall consider the following:

(a) The existence, design and condition of armoring on either side of the proposed armoring site;

(b) The location of the structure to be protected relative to the mean high-water line, the vegetation line and the crest of the frontal dune or escarpment;

(c) The geomorphology of the coastline and active coastal processes, including historic erosion rates and sea level rise; and,

(d) Whether a permit for a beach restoration or nourishment project or other erosion prevention project has been applied for, which may reduce the vulnerability of the structure to be protected by the armoring.

(8) Minor reconstruction of existing rigid coastal structures is exempt from the provisions of subsections (6) and (7), above.

(9) An existing rigid structure whose alignment has been determined by the Department to interfere with onshore/offshore or longshore movement of sand, resulting in a significant adverse impact to the coastal system or adjacent properties as described in Section 161.041, F.S., is subject to redesign or relocation landward if in need of reconstruction, or shall be ordered removed if it is determined to be dangerous to human life, health or welfare, in accordance with Section 161.061, F.S.

(10) Where any coastal construction is authorized, any interference with the use by the public of any area of beach seaward of the mean high-water line, other than temporary interference during construction, shall be prohibited unless determined by the Department to be unavoidable to protect the beach or any upland structure. Where such interference is unavoidable, the permittee shall provide alternate access along the shoreline. The width of such alternate access may not be required to exceed the width of the access that will be obstructed as a result of the permit being granted.

(11) In addition to the other requirements of this chapter, opening of previously existing inlets that have been recently closed due to human activity, alteration or maintenance of natural inlets, intermittent inlets and flushing outlets and stabilization of natural shorelines of existing unstabilized altered inlets will be approved upon a showing that:

(a) All impacts are avoided or minimized to the greatest extent practicable, including consideration of less impactive alternatives; and,

(b) After avoidance and minimization, any adverse impacts that are reasonably likely to occur will be offset by a proposed mitigation plan. When evaluating the mitigation plan, the Department will consider the benefits of the long term sand management plan and the overall public benefit of the inlet activity including:

1. Meeting a recognized public need contained in the approved local comprehensive plan of the local government with jurisdiction over the inlet;

2. Conservation and enhancement of the supply of sand to adjacent beaches;

3. Preservation or enhancement of the natural functioning of the inlet system;

4. Protection and enhancement of the marine and beach habitat; and,

5. Being consistent with the statewide strategic beach management plan, where applicable.

(c) For the purposes of subsection 62B-41.005(11), F.A.C., previously existing inlets that have been recently closed due to human activity are areas of the coastal system that continue to exhibit geomorphic feautres of an inlet such as an ebb or tidal shoal, at the time an application for permit is submitted to the Department.

(12) Creation of new inlets have the potential to significantly impact the surrounding coastal system by interrupting or altering the natural drift of beach compatible sand resources, which often results in these sand resources being deposited in nearshore areas, in the inlet channel, or in the inland waterway adjacent to the inlet, instead of providing natural nourishment to the adjacent beaches. There is also a growing demand for beach compatible sand and a limited supply of such sand resources. Therefore, in addition to the criteria in subsection 62B-41.005(11) F.A.C., for projects proposing the creation of new inlets the applicant must also demonstrate that:

(a) The inlet will be hydraulically stable under normal conditions; and,

(b) The inlet will balance the sediment budget such that beach restoration and nourishment of the adjacent beaches, or other forms of shoreline stabilization, including jetties, are not required.

(13) Maintenance of existing altered inlets and modification of existing unstabilized altered inlets are not subject to the requirements of subsections 62B-41.005(11) and 62B-41.005(12), F.A.C. Except for ports listed in Section 403.021(9)(b), F.S., which must comply with Section 161.142(4), F.S., maintenance of inlets shall require on an average annual basis, placement of a quantity of beach-quality sand on adjacent eroding beaches that is equal to natural net annual longshore sediment transport.

(14) All sandy sediment excavated from the coastal system shall be deposited on the adjacent eroding beach in a location approved by the Department, as established in applicable permit(s).

(15) Any permit application for construction, excavation or maintenance of a coastal inlet and related shoals shall be consistent with the statewide strategic beach management plan for long term management of the inlet pursuant to Sections 161.142 and 161.161, F.S. Any permit issued shall be conditioned on continued bypassing of the sand in sufficient quantity to insure that net long term erosion or accretion rates on both sides of the inlet remain equal except in cases where unequal erosion and accretion rates can be shown to be a result of natural processes and not caused by human activities. In all cases, mitigation shall be provided for any erosion effects to the adjacent coastal system attributable to alteration of the inlet. The mitigation shall include the placement of supplemental beach compatible material as needed.

(16) Monitoring programs shall be required for any coastal construction permitted under this chapter that is determined to have an adverse impact. Such programs shall include preconstruction, construction phase and post construction topographic, hydrographic, biological and other data collection as deemed necessary and appropriate by the Department to monitor the performance of the coastal construction and determine its impacts to the coastal system and marine turtles. Such data shall be analyzed by a qualified professional engineer or coastal geologist registered in the State of Florida and a report provided to the Department on the performance of the project and its impacts on the coastal system. Biological data shall be analyzed by a qualified biologist. Monitoring programs shall include sufficient pre-project data to establish an adequate baseline for project construction and post construction comparison.

(17) If the proposed coastal construction is reasonably likely to have adverse impacts to the coastal system, then the applicant shall revise the project design to avoid or minimize those impacts to the greatest extent practicable. After all practicable revisions have been made to avoid and minimize impacts; any remaining adverse impacts shall be offset by a mitigation plan that has been proposed the applicant.

(18) Projects which may have an impact on marine turtles, nests or their habitat shall also be subject to the provisions of Section 379.2431, F.S., and to section 6(c), of the federal Endangered Species Act.

History

• Rulemaking Authority 161.041(1), 161.055(1), (2), 161.085(5) FS. Law Implemented 161.041, 161.042, 161.051, 161.055(1), (2), 161.061(1), (2), 161.085(1), (2), 161.091, 161.142(1), (2), (4), (5), (6), (7), 161.143(1), 161.144, 161.163, 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.005, Amended 10-23-01, 11-17-11, 1-11-17, 10-17-19.

Fla. Admin. Code R. 62B-41.0055 Protection of Marine Turtles

(1) Any application for a permit under this chapter for coastal construction that affects marine turtles shall be subject to conditions and requirements for marine turtle protection as part of the permitting process, pursuant to section 379.2431, F.S.

(2) Beach restoration, nourishment and mechanical sand bypassing projects shall be designed to provide habitat which is suitable for successful marine turtle nesting activity.

(3) The Department shall require appropriate measures to protect marine turtles and their habitat such as: nest surveys, nest relocation, nest marking, modification of coastal construction, measures to reduce sand compaction, and short and long term monitoring to assess the impacts of the permitted coastal construction on marine turtles and their habitat.

(4) In order to provide protection to marine turtles and their habitat, beach restoration, nourishment and mechanical sand bypassing activities which are in compliance with other provisions of this chapter may be constructed during the main portion of the marine turtle nesting season (15 May through 15 October) if:

(a) The Department determines that appropriate measures to protect marine turtles and their habitat, such as nest surveys, nest relocation, nest marking, modification of coastal construction and measures to reduce sand compaction are to be used; and,

(b) The Department determines that sufficient justification to conduct the coastal construction during the main portion of the marine turtle nesting season has been provided. Such justification for purposes of this rule includes:

1. Economic, technological, environmental, and public health, safety and welfare factors; or

2. A determination that the habitat within the area of the coastal construction does not support successful marine turtle nesting activity due to beach profile and substrate characteristics; or

3. A nest relocation program exists within the area of the coastal construction permitted by the Department for marine turtle protection reasons unrelated to the proposed coastal construction pursuant to the provisions of chapter 62R-1, F.A.C.

(5) If the marine turtle protection conditions of an incidental take authorization granted after the issuance of a permit are inconsistent with the Department’s permit, the Department shall amend the permit to be consistent with the incidental take authorization and FWC’s authority under the Coastal Zone Management program.

(6) All coastal construction other than beach restoration, beach nourishment and mechanical sand bypassing, which is in compliance with other provisions of this chapter, shall not be conducted during the main portion of the marine turtle nesting season (15 May through 31 October) if the Department determines that the proposed coastal construction will result in a significant adverse impact.

History

• Rulemaking Authority 161.041(1), 161.055(1), (2) FS. Law Implemented 161.041(1), (2), (4), (5), 161.163, 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.0055, Amended 10-23-01, 1-11-17.

Fla. Admin. Code R. 62B-41.007 Design, Siting and Other Requirements

(1) The following requirements must be met before a permit will be approved by the Department:

(a) All coastal construction shall be sited and designed so as to minimize any expected adverse impact to the coastal system, marine turtles and adjacent property and structures and be consistent with this chapter.

(b) New coastal armoring structures and major reconstruction of existing structures shall be sited and designed to:

1. Provide only that level of protection authorized herein. For nonconforming habitable major structures, protection may be provided for the erosion impacts of up to a 10-year return interval storm event. When closing the gap in a line of existing armoring of 250 feet or less, protection may be provided for the erosion impacts of the lesser of the strengths of the adjacent armoring structures or a 15-year event, whichever is less. For other eligible structures, protection may be provided from the erosion impacts of up to a 25-year return interval storm event. Designated hurricane evacuation routes, public safety facilities and historical sites of national significance may be provided protection of up to a 50-year return interval storm event, if feasible;

2. Be located as close to the structure to be protected as possible, considering available construction techniques and engineering practices;

3. Be located so its construction and presence will not cause adverse impacts on the adjacent property, as a result of normal tide, wave and sediment processes;

4. Be the least impactive siting and design possible which provides the authorized level of protection; and,

5. Not result in the loss of lateral public beach access.

(2) Coastal construction shall be designed in accordance with established engineering and scientific practice, and the following special guidelines:

(a) Rigid coastal structures shall be designed to withstand the hydrostatic and hydrodynamic forces associated with the design storm for which they are justified.

(b) The seaward face of rock revetments shall normally be no steeper than one foot vertical to two feet horizontal.

(c) Revetments, rubble mounds and similarly-designed structures shall utilize a filter medium consistent with sound engineering practices beneath and, if appropriate, behind them to prevent settlement and the loss of unconsolidated material through and under the structure.

(d) Armor stone used in revetments and as toe scour protection shall have a minimum dry unit weight of 140 pounds per cubic foot, except under circumstances where a potential adverse impact on marine turtles may exist. In such cases armor stone shall have a minimum dry unit weight of 150 pounds per cubic foot. Armor stone units shall not be of greater size or weight than appropriate for the design wave conditions.

(e) If concrete is used as a construction material in a rigid structure, it will be designed to meet unit weight, individual component and durability requirements, as well as strength and corrosion standards appropriate for the coastal environment.

(f) Armor and bedding stone will be durable, hard, free from laminations, weak cleavages, and sound enough to avoid fracturing.

(g) Toe scour protection for seawalls and bulkheads shall be designed to meet both geotechnical and hydraulic criteria.

(h) Toe penetration elevations for revetments, bulkheads and seawalls shall account for the effects of wave-induced scour associated with the design storm event. However, when designing armoring there shall be no additional safety factor applied in determining the depth of penetration of the structure.

(i) Seawalls, bulkheads, revetments and toe scour protection shall be designed so as not to increase the potential for flooding impacts to upland structures from wave run up and overtopping of the structure during the authorized design storm.

(j) To protect the environmental functions of Florida’s beaches, only beach compatible fill shall be placed on the beach or in any associated dune system. Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system. Where adequate geotechnical data is available to establish the characteristics of native beach sediment at the placement site, fill material shall be similar to the characteristics of native beach sediment. Native beach sediment refers to the material within the coastal system at the fill placement site prior to the original beach restoration. Such material shall be predominately of carbonate, quartz or similar material with a particle size distribution ranging between 0.062mm (4.0) and 4.76mm (-2.25) (classified as sand by either the Unified Soils or the Wentworth classification), shall be similar in color and grain size distribution (sand grain frequency, mean and median grain size and sorting coefficient) to the native beach sediment or to the material in the existing coastal system at the disposal site and shall not contain:

1. Greater than 5 percent, by weight, silt, clay or colloids passing the #230 sieve (4.0);

2. Greater than 5 percent, by weight, fine gravel retained on the #4 sieve (-2.25);

3. Coarse gravel, cobbles or material retained on the 3/4 inch sieve in a percentage or size greater than found on the native beach;

4. Construction debris, toxic material or other foreign matter; and,

5. Not result in cementation of the beach.

If rocks or other non-specified materials appear on the surface of the filled beach in excess of 50% of background in any 10,000 square foot area, then surface rock should be removed from those areas. These areas shall also be tested for subsurface rock percentage and remediated as required. If the natural beach exceeds any of the limiting parameters listed above, then the fill material shall not exceed the naturally occurring level for that parameter.

(k) Pursuant to subsection 62B-41.005(15), F.A.C., sandy sediment derived from the maintenance of coastal navigation channels shall be deemed suitable for beach placement with up to 10% fine material passing the #230 sieve, provided that it meets the criteria contained in subparagraphs (j)2. through 5., above, and water quality standards. If this material contains between 10% and 20% fine material passing the #230 sieve by weight, and it meets all other sediment and water quality standards, it shall be considered suitable for placement in the nearshore portion of the beach.

(l) Beach/dune vegetation shall be native salt-resistant vegetation suitable for beach and dune stabilization.

(m) Altered inlets may be designed for a maximum allowable depth determined by inlet stability, water quality or navigation needs plus advanced maintenance. Minimum water depths will be determined after adequate analysis of inlet hydraulics by the applicant. The minimum water depth and cross section will be selected which also insures that the inlet will remain stable under normal conditions.

(n) The beach fill template shall be designed to account for naturally occurring variables that are reasonably expected to occur, such as the waves and tides of significant winter weather events and impacts to the beach fill from the occurrence of high frequency storm events at the project site.

(3) The Department reserves the right to approve deviations from the special guidelines outlined in subsection (2), above, if those deviations would not increase the potential for adverse impacts to the coastal system or marine turtles. When requesting such deviations, the applicant shall provide fully documented evidence that would justify the deviations.

(4) The applicant shall provide the Department with certification by a professional engineer registered in the State of Florida that the design plans and specifications, studies and other coastal process analyses submitted as part of the permit application are in compliance with the standards established in this chapter.

(5) For maintenance activities of previously permitted and constructed beach nourishment and inlet management projects for which there are no substantial changes in project scope, the applicant will submit monitoring data and analyses that demonstrate that the project has performed according to design expectations.

History

• Rulemaking Authority 161.041(1), 161.055(1), (2), 161.085(5) FS. Law Implemented 161.041(1), (2), (3), (4), (7)(b), (8), 161.042, 161.051, 161.085(1), (2), 161.091, 161.142(1), (2), 161.163, 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.007, Amended 10-23-01, 1-11-17.

Fla. Admin. Code R. 62B-41.0075 Experimental Coastal Construction

(1) Permit applications for experimental coastal construction involving new technologies shall be reviewed in accordance with all applicable provisions of this chapter and the following special criteria:

(a) The proposed location must be in an erosion area as identified in the Department’s Beach Restoration Management Plan.

(b) The proposed location must be properly suited for a non-biased comprehensive analysis of the results of the proposed coastal construction and must include sufficient control sites where comparative monitoring data can be obtained which is not influenced by the proposed new technology.

(c) The proposed location must be situated in an area which is not considered to be an environmentally sensitive area by the Department.

(d) The project must be supported by adequate scientific, engineering and design theory or experimental data demonstrating that it has the potential to provide a positive benefit to the coastal system and is not expected to result in a significant adverse impact. The size and scope of the field test shall not exceed that necessary to adequately address the test plan objective. The requirement for supporting experimental data shall be waived by the Department if it finds that the proposed project has minimal potential for adverse impact.

(e) Requests for permits under this rule must be presented by a riparian property owner or governmental entity.

(2) The Department may confer with a special scientific third party consultant to assist in the review of such proposed projects, oversee the experiments, ensure the adequacy of the experimental test plan, and provide an assessment of results and appropriate recommendations, including the extent to which the experiment achieved the objectives of the test plan and the need for further tests of the technology. Once the performance of a new technology has been evaluated under an experimental coastal construction process, the technology would no longer be eligible for an experimental Joint Coastal Permit.

(3) The applicant shall present a test plan to the Department for review. Such plan shall include a periodic monitoring schedule and periodic progress reporting schedule with, at a minimum, annual reporting after the test phase begins. The periodic reporting shall include project performance monitoring assessments and survey data and analyses. The test plan shall also include:

(a) The objectives and nature of the experiment;

(b) The effectiveness measures;

(c) The measures of impacts to the coastal system, marine turtles, nests and their habitat, and such other measures as may be required to assess attainment of the objectives;

(d) The procedures to be followed;

(e) The time sequence;

(f) The data to be collected;

(g) The test equipment to be used;

(h) The names and technical qualifications of the individuals performing the tests and analyzing the results;

(i) Contingency plans; and,

(j) Such other components as may be necessary to assess the impacts and performance of the project as determined by the Department.

(k) An economic comparison (to include the costs of design, construction, monitoring, maintenance, and mitigation) of the experimental project to traditional projects with similar performance objectives.

(4) The Department shall require assurances such as a mitigation program, financial instrument or contractual agreement to assure compliance with the permit conditions.

(5) Following initiation of the test phase and the submittal of the first year of progress reporting and monitoring data, and then annually thereafter, the Department shall make a determination based upon observed performance data and the permittee’s periodic reports that:

(a) The project as constructed has not caused a significant adverse impact and may proceed; or

(b) The project as constructed has caused a significant adverse impact and must be either removed or modified by the applicant to eliminate the significant adverse impact at no cost to the Department.

(6) Experimental projects will be issued for no more than a period of (3) years, including preparation of the final report. After (3) years the project shall be evaluated by the Department to determine the feasibility of continued implementation of the project. Upon receipt of the final report the Department will review the report and make a written determination as to:

(a) The effectiveness of the experiment in addressing a coastal erosion problem;

(b) The feasibility of continued implementation of the pilot project; and,

(c) Any adverse impacts caused by the experiment.

(7) If the experiment is determined to be ineffective in addressing a coastal erosion problem, or is expected to cause a significant adverse impact, all structures shall be removed. Removal or modification may also be ordered pursuant to section 161.061, F.S., if the project becomes unnecessary or obsolete due to the scheduled construction of a beach nourishment, beach restoration, sand transfer, or other project, or interferes with such projects.

(8) Any time the Department determines that the project must be removed under the provisions of this chapter, the permittee shall also be responsible for restoring the area of installation and any adversely affected areas to pre-project conditions. Acceptance of the permit commits the permittee to remove any structure, object or installation relating to the project, in addition to the restoration of all affected areas, should it be determined that removal is necessary, as provided for in subsection (7), above. All costs of removal and restoration shall be borne by the permittee.

(9) All new technologies shall be designed to be stable and durable in the coastal environment when subject to the erosion, scour and loads accompanying a twenty (20)-year return interval storm event. Should the experimental project become dislocated or in disrepair, during or after the initial three year period, it shall be the responsibility of the permittee to have the structures repaired or removed. If the permittee fails to repair or relocate the project within 90 days from receipt of notification of the need for such from the Department, the permittee shall be ordered to remove the project.

(10) If the Department issues a notice under subsection (7), (8), or (9), the Department will provide the permit holder with notice of the agency action and rights under sections 120.569 and 120.57, F.S.

History

• Rulemaking Authority 161.041(1), 161.055(1), (2) FS. Law Implemented 161.041, 161.042, 161.051, 161.061, 161.082, 161.161, 161.163, 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.0075, Amended 10-23-01, 1-11-17.

Fla. Admin. Code R. 62B-41.008 Information Regarding Permit Application Requirements and Procedures

(1) A Joint Coastal Permit, pursuant to subsection 62B-49.005(1), F.A.C., is required in order to conduct any coastal construction activities in Florida. All information in conjunction with an application shall only be submitted by the applicant or the duly authorized agent. The information listed below provides specific details for application requirements related to this chapter:

(a) A topographic and bathymetric survey drawing of the proposed project site. The drawing shall be submitted in a Geographical Information System format (.shp, .dwg, .dxf., or other GIS compatible format) using layers for the specific information listed below. The topographic and bathymetric information depicted in the drawing shall be from a survey performed within six months prior to the date of application. A more recent survey will be required in the event conditions have significantly changed. The survey drawings shall include the following specific information:

1. Topographic and bathymetric data, which shall be provided as offshore and onshore cross-sectional profiles in ASCII files containing raw x, y, and z profile data points, and as a contour map. Profiles shall extend from the crest of the first dune, dune escarpment or rigid coastal structure to at least 1,000 feet seaward of the seaward extent of the proposed project or to the distance of the depth of closure, whichever is more seaward, unless a more seaward limit is specified by the Department to determine the active zone of influence of the proposed project. Profiles shall be taken at least every 500 feet along the proposed project site and for a distance up to at least 1,000 feet laterally along the shoreline adjacent to both ends of the proposed project site. If the topography and bathymetry are varied and complex, profile lines of a higher density, or which are longer than otherwise required shall be provided. The contour map shall include 1 foot contour intervals. A bathymetric survey including a one foot contour map or a contour map of sufficient resolution to adequately describe the area shall be provided for all borrow sources or areas to be excavated and extending at least one hundred feet beyond the limits of the area to be excavated.

2. All elevations, referenced to N.A.V.D.

3. Survey control information with all survey data, including coordinates of all survey reference monuments given in Florida state plane coordinates and azimuths for all profile lines.

4. The location, including coordinates, of all Department survey reference monuments within the project limits, including the nearest adjacent monument on either side of the project.

5. The mean high-water line, and, if applicable, the erosion control line.

6. The seaward limit of vegetation.

7. The location and areal extent of any subsurface or beach and nearshore rock outcrops or any hard bottom or reef tract which may be impacted by the proposed project.

8. All existing structures on, or adjacent to, the project area, including sufficient descriptive identification and accurate location references.

9. The scale of the drawings.

10. Designation of north direction.

11. The dates of the field surveys.

12. The signature and seal of the professional surveyor, duly registered pursuant to Chapter 472, F.S., who performed the survey, accompanied by a certification that the submitted drawing accurately reflects a field survey which complies with the requirements of this section.

13. Projects involving or impacting inlets shall include an accurate survey of all affected ebb and flood tidal shoals.

(b) If the proposed work is associated with an inlet, the applicant will provide the following information in order to demonstrate that the proposed activity will not have a significant adverse impact on adjacent beaches or the inlet system:

1. A description of the physical characteristics of the inlet;

2. A sediment budget for the inlet and an inlet sand bypassing objective that balances the sediment budget between the inlet and the adjacent eroding beaches within the area of inlet influence;

3. An analysis of the stability and hydraulic characteristics of the inlet including current velocities, tidal prism and current patterns of the flood and ebb tides;

4. A description of the wind and wave climate in the area of inlet influence;

5. A description of the sediment characteristics of the inlet and its related shoals;

6. The influence of existing manmade structures on coastal littoral processes;

7. The current and historic shoreline erosion and accretion trends;

8. A statement of performance objectives and an analysis of the expected affect of proposed coastal construction on the coastal system and marine turtles within the inlet area of influence;

9. An analysis of available alternatives to the proposed coastal construction, including the no action alternative, on meeting the stated performance objective and any related affects on the coastal system or marine turtles; and,

10. A description of the anticipated public benefits of the coastal construction.

(c) Any additional information, including topographic, bathymetric, wave and current data; coastal processes, conditions and morphological trends; and existing manmade and natural features, found by staff to be reasonably necessary for proper evaluation of the application under applicable statutory and rule criteria.

(2) Any of the requirements contained in paragraph 62B-41.008(1)(a) or (b), F.A.C., will be waived if, the Department determines that the information is unnecessary for a proper evaluation of the proposed work.

(3) If the processing of the application is prolonged, or if a storm event is known to have altered the shoreline such that the staff determines that the topographic and bathymetric survey data is no longer adequate to complete its analysis, then an updated survey shall be required as specified in paragraph (1)(h), above. In the event that an updated survey is required, the application shall be treated as an amended application pursuant to subsection 62B-41.0085(3), F.A.C., and as a substantial revision, pursuant to subsection 62B-49.005(5), F.A.C.

History

• Rulemaking Authority 20.255, 161.041(1), 161.055(1), (2) FS. Law Implemented 20.255, 161.041(1), (2), (3), (4), (7)(b), 161.042, 161.051, 161.055(1), (2), 161.142, 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.008, Amended 10-23-01, 1-11-17, 10-17-19.

Fla. Admin. Code R. 62B-41.0085 Permit Processing and Administration Fees

(1) Each application for a permit to be considered by the Department pursuant to Section 161.041, F.S., except those applications filed by agencies of government of the executive branch of the State of Florida, shall be accompanied by a fee. Monies from fees assessed pursuant to this chapter shall be deposited into the Beach Management Trust Fund. Fees assessed pursuant to this chapter are generally not refundable. However, if a fee for an activity which is exempt from the provisions of this chapter has been received, then such fee shall be refunded to the applicant pursuant to the provisions of Section 120.60, F.S. Any fee payment in excess of the amount required by this chapter shall also be refunded to the applicant. All such refunds shall be requested by the applicant on the Department’s Refund Claim Form (DEP Form 14-081, effective 8-23-92), hereby incorporated by reference. Copies of the form may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3544, Tallahassee, Florida 32399-2400.

(2) The appropriate fee is to be submitted to the Department of Environmental Protection at the time of application. No permit application will be considered to be complete until the required fee has been paid.

(3) Applications for construction and major modifications to existing structures, any part of which are sited seaward of mean high-water on sovereignty submerged lands, shall be assessed a fee in accordance with the following schedule:

(a) Rigid coastal structures: $2,000.00 for structures up to 100 feet in length, plus $500.00 for each additional 50 feet of length or portion thereof. For fee payment purposes, the length of the structure shall include return walls.

(b) Beach restoration: $2,000.00 for the first 50,000 cubic yards of fill, plus $500.00 for each additional 50,000 cubic yards of fill or portion thereof.

(c) Construction and maintenance dredging of inlets: $2,000.00 for the first 10,000 cubic yards of dredged material plus $250.00 for each additional 10,000 cubic yards of dredged material or portion thereof if such material is placed in an upland or offshore disposal site. If such material is to be placed on the beach or in an approved nearshore area, the fee schedule shall be calculated using paragraph (b), above, for the amount proposed to be placed on the beach.

(d) Inlet-related structures, major reconstruction and other major structures and activities: $1,000.00 per structure.

(e) Minor structures and activities, minor reconstruction of existing structures, amended applications, and administrative approval of each subsequent nourishment or maintenance dredging operation shall be assessed a fee of $500.00.

(f) Requests for renewal reviews for long term inlet maintenance dredging permits shall be assessed a fee of $750.00.

(g) Requests for time extensions or transfer of existing permits shall be assessed a fee of $100.00.

(4) Permit fees for each individual structure, except minor structures, shall be added together for each application.

(5) The cost for special public notice incident to issuing permits under this chapter shall be borne by the applicant. If the Department of Environmental Protection incurs any expense, notice to proceed shall not be issued until such costs are reimbursed.

(6) For projects which are cost-shared under Chapter 62B-36, F.A.C., with the state government, the local government may request waiver of that portion of the fee above the local government pro rata share. (Example: Local share 25%, computed total fee $10,000.00, waived fee is $7,500.00, local pro rata share permit fee $2,500.00). In no case will the local pro rata share be less than $2,000.00.

(7) Experimental projects permitted under Rule 62B-41.0075, F.A.C., shall be assessed a fee of $5,000.00, or the permit fee specified in the appropriate fee schedule above, whichever is larger, not to exceed $20,000.00.

(8) The Department is authorized to waive the permit application fees for removal, without replacement, of existing derelict coastal structures if a determination is made that they serve no public purpose, endanger human life, health or welfare, or are unnecessary or undesirable.

History

• Rulemaking Authority 161.041(1), 161.0535, 161.055(1), (2) FS. Law Implemented 161.041(1), (2), (3), (4), 161.101(15), 161.0535, 161.055(1), (2) FS. History–New 8-23-92, Formerly 16B-41.0085, Amended 10-23-01.

Fla. Admin. Code R. 62B-41.013 Revisions or Modifications of Approved Permits

(1) Applications for revisions or modifications to existing permits shall be processed in the same manner as a new permit except that items required by rule 62B-41.008, F.A.C., which have already been furnished to the Department shall be waived unless the staff determines the data to be out-of-date or inadequate to complete the assessment.

(2) Revisions or modifications to existing permits will not result in a change to the authorized time limit of the permit.

(3) Major revisions or modifications are those which are of such magnitude or nature that they are expected to increase the potential for adverse impact and include:

(a) Changes in project purpose, construction materials, design concept, size or siting of the permitted structures or activities;

(b) Addition or elimination of permitted structures or activities;

(c) Removal of existing structures; and,

(d) A seaward advancement of the project.

(4) Minor revisions or modifications are those which are determined by the Department to not increase the potential for adverse impact.

(5) If the staff determines that the request is for a major revision or modification to a project, then the request shall be considered to be a new application and all other provisions of this chapter shall be met.

(6) Applications for major revisions shall be accompanied by a processing fee as set forth in this chapter.

History

• Rulemaking Authority 161.041(1), 161.055(1), (2) FS. Law Implemented 161.041(1), (2), (3), (4), 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.013, Amended 10-23-01.

Chapter 62B-49 JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS

Fla. Admin. Code R. 62B-49.001 Scope

This chapter implements the provisions of sections 161.055 and 373.427, F.S., by combining the regulatory requirements of the coastal construction program (section 161.041, F.S.) with the environmental resource permit program (part IV of chapter 373, F.S.) to establish the joint coastal permit program. Activities that would have required both a coastal construction permit and an environmental resource permit are now authorized by a single joint coastal permit. In addition, this chapter provides for concurrent review of any activity requiring a joint coastal permit that also requires a proprietary authorization for use of sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund. This chapter also establishes procedures for processing applications for joint coastal permits and the linked proprietary authorizations. When applying for a joint coastal permit, in the event that there is a conflict between the procedural requirements of this chapter and other procedural rules promulgated pursuant to the referenced statutes, then this chapter shall govern. The standards and criteria for issuance of joint coastal permits include the criteria for an environmental resource permit pursuant to chapter 62-330, F.A.C., the coastal construction criteria pursuant to chapter 62B-41, F.A.C., and any specific criteria for issuance of a joint coastal permit listed in this chapter. The criteria for the associated proprietary authorizations are found in chapters 18-18, 18-20, and 18-21, F.A.C.

History

• Rulemaking Authority 161.055(1), (2), 373.427(1) FS. Law Implemented 161.055(1), (2), (3), 373.427(1), (2), (3), (4) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15.

Fla. Admin. Code R. 62B-49.002 Definitions

For purposes of this chapter, the following definitions shall apply:

(1) “Activity” is any construction, dredge and fill, or other action that requires a permit pursuant to section 161.041, F.S., an environmental resource permit pursuant to part IV of chapter 373, F.S., and a proprietary authorization to use sovereignty submerged lands pursuant to chapter 253 or 258, F.S.

(2) “Advance Nourishment” (fill) is the material placed seaward of the permitted design profile to allow for erosion between nourishment events.

(3) “Agent” is any person with the written power or authority to act for the applicant for purposes of an application submitted pursuant to section 161.041, F.S., part IV of chapter 373, F.S., and chapter 253 or 258, F.S.

(4) “Applicant” is any person, firm, corporation, county, municipality, township, special district, or any public agency having authority, pursuant to section 161.041, chapter 253 or 258 and part IV of chapter 373, F.S., to request a permit and authorization to conduct activities upon sovereignty submerged lands of Florida.

(5) “Board of Trustees” or “Trustees” is the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund.

(6) “Coastal System” is the beach and adjacent upland dune system and vegetation; swash zone; surf zone; breaker zone; offshore and longshore shoals; reefs and bars; tidal, wind and wave driven currents; longshore and onshore/offshore drift of sediment materials; inlets and their ebb and flood tide shoals; all other associated flora and fauna, and natural and manmade topographic features and structures.

(7) “Department” is the Florida Department of Environmental Protection. The head of the Department is the Secretary.

(8) “Joint Coastal Permit” (JCP) or “Permit” is a document authorizing an applicant to conduct an activity pursuant to section 161.041, F.S., part IV of chapter 373, F.S., and authorization to use a soverign submerged land pursuant to chapter 253, F.S.

(9) “Mean High-Water Line” is the intersection of the tidal plane of mean high-water (as defined in chapter 177, F.S.) with the beach.

(10) “Notice to Proceed” is the formal notification from the Department authorizing a permitted activity to commence.

(11) “Proprietary Authorization” or “Authorization” is the necessary instrument providing authorization to conduct activities on sovereignty submerged land pursuant to chapter 253, F.S. and, if applicable, chapter 258, F.S.

(12) “Request for Additional Information” or “RAI” is a written document from the Department to an applicant identifying errors, omissions or clarifications in the application information that must be corrected or provided by the applicant to complete the application.

(13) “Substantial Revision” is a request by the applicant to revise a pending permit application such that the proposed changes would alter the nature or extent of a proposed activity to such a degree that the Department would need additional time to reevaluate the expected performance or impacts of the project. Requested revisions that only decrease the degree or extent of impacts at the same sites, and do not require a reanalysis to confirm this decrease, would not be considered Substantial Revisions.

History

• Rulemaking Authority 161.055(1), (2), 373.427(1) FS. Law Implemented 161.055(1), (2), (3), 373.427(1), (2), (3), (4), (6) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15.

Fla. Admin. Code R. 62B-49.003 Policy

History

• Rulemaking Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, Repealed 2-16-12.

Fla. Admin. Code R. 62B-49.004 Consultation

History

• Rulemaking Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, Repealed 11-19-15.

Fla. Admin. Code R. 62B-49.005 Application Requirements and Processing Procedures

(1) To apply for a joint coastal permit, the applicant shall submit the Joint Application for Joint Coastal Permit/Authorization to Use Sovereignty Submerged Lands/Federal Dredge and Fill Permit (DEP Form 73-500, Effective September 2019) (“JCP Application Form”), which is hereby incorprated by reference, along with supporting documents, all in searchable electronic format. Copies of the form may be obtained by downloading from the Department’s web page at: http://www.dep.state.fl.us/beaches/publications/forms/enabled/73-500-JCPApplication.pdf or from the Department of State’s webpage at http://www.flrules.org/Gateway/reference.asp?No=Ref-11119. When submitting the digital information, the applicant shall use the following standards:

(a) Submit geotechnical data in electronic file format suitable for input to the Department’s Regional Offshore Sand Source Inventory (ROSSI) database. The data may be submitted in Excel, Access, or gINT files;

(b) Submit Geographic Information System (GIS) data (.shp, .dwg, .dxf, or other GIS compatible format) that has been projected into the appropriate Florida State Plane coordinate system. Metadata shall be included using the Federal Geographic Data Committee (FGDC) standard. Metadata may be submitted in .xml format if included as part of the shapefile, in a .txt file if sent separately, or other convertible file;

(c) Use electronic signatures;

(d) Use electronic professional certifications;

(e) Provide appendices or attachments as separate electronic files. Each individual appendix or attachment file shall be indexed to and labeled with the corresponding item number from the JCP Application Form and with the subject of the contents; and,

(f) Submit the application by email to BIPP@dep.state.fl.us. For documents and/or plans that are too large to send via email (greater than 20 MB), upload documents to the Department’s external JCP FTP site at ftp://ftp.dep.state.fl.us/pub/incoming/beaches_jcp/. When submitting an application on an electronic storage device, mail the package to the Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3544, Tallahassee, Florida 32399.

(g) If the applicant provides a written statement that the electronic submittal requirements pose a substantial technical or financial hardship, those requirements are waived, and documents may be submitted, along with the statement, to the above address.

(h) Paper and electronic applications and notices must be filed with the Department during normal business hours. Paper and electronic applications and notices received after 5:00 p.m. (Eastern Standard Time) shall be deemed as filed as of 8:00 a.m. on the next regular business day.

(2) The applicant shall provide the specific information required by this chapter, section 161.041, chapter 253, and part IV of chapter 373, F.S., and chapters 18-18, 18-20, and 18-21, F.A.C., as well as chapters 62B-41, 62-330, and 62-4, F.A.C.

(3) Within 30 days of receipt of an application for a JCP, the Department shall determine whether the application includes all information needed for a complete evaluation of the proposed project. If the application is incomplete, the Department shall send an RAI within 30 days after receipt of the application. Within 30 days after receipt of each submittal of additional information, the Department shall determine whether the application is complete, and if it is not complete, shall request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. The applicant may waive the 30 day time limit specified under section 120.60(1), F.S.

(4) An application shall be denied if the applicant fails to provide all the information requested in the RAI to the Department within six months after a written request for such information has been sent to the applicant. However, if the applicant can demonstrate that he or she has been actively working on collecting or developing the requested information, and that additional time will be required to complete the response to the RAI, the applicant may request up to six additional months to submit their complete response. If an applicant withdraws an application for a joint coastal permit prior to agency action, any processing fee submitted with that application shall be applied to the processing fee for a new application or notice received from the same applicant if done within 365 days from when the previous application was withdrawn, provided the activity is located within all or part of the same project area. In such a case, additional processing fees will be required only to collect the balance due for the activities proposed in the revised application or notice. Processing fees previously paid for an application or notice that was denied by the agency shall not be applied to a new or revised application or notice.

(5) If a substantial revision to a complete application is received, the Department shall notify the applicant that an amended application cannot be accepted unless the applicant agrees, in writing, to restart the time periods of section 120.60(2), F.S., and to submit a complete additional processing fee required for the project, as amended, pursuant to this chapter.

(6) When the authority to take final action on a request for proprietary authorization has been delegated to the Department without the need for separate action by the Board of Trustees, the Department shall issue a consolidated notice of denial or intent to issue within 90 days of receiving a complete application under this chapter. The applicant may waive the 90 day time limit specified under section 120.60(1), F.S., at any time.

(7) When the authority to take final action on a request for proprietary authorization has not been delegated to the Department, the Department shall review the application, issue a recommended consolidated notice of denial or recommended consolidated notice of intent to issue, and take final agency action in accordance with the procedures in sections 373.427(2)(a) through (c), F.S.

(8) The applicant and persons who have requested a copy of the intended agency action for a specific application shall be notified of the Department’s consolidated notice of denial or intent to issue and their rights under sections 120.569 and 120.57, F.S.

(9) Upon issuance of the consolidated notice of denial or consolidated notice of intent to issue or upon issuance of the recommended consolidated notice of denial or recommended consolidated notice of intent to issue pursuant to subsection (7), the Department shall be deemed to be in compliance with the timeframes for approval or denial in section 120.60(2), F.S. Failure to satisfy these timeframes shall not result in approval by default of the request for proprietary authorization.

(10) The Department shall require an applicant to publish, in a newspaper of general circulation in the area affected by the proposed activity, a notice of intended agency action on the application for those activities, which because of their size, potential effect on the environment or the public, controversial nature, or location, are reasonably expected by the Department to result in a heightened public concern or likelihood of request for administrative proceedings. The notice of intended agency action shall include a notice of all interested party’s rights under section 120.57, F.S. If the applicant fails to publish the notice of intended agency action required by the Department within 30 days of the issuance of the consolidated notice of intent to issue as provided in this chapter, and to provide proof of publication (in the form required by sections 50.041 and 50.051, F.S.) within 21 days of publication, the Department shall deny the application.

(11) Once the challenge period has passed (as specified in the notice of rights), the Department’s consolidated intent becomes final, the Department shall prepare and mail the final agency action to the applicant, affected local governments, and all persons who requested, in writing, such notification. The permit shall include specific conditions necessary to help define the project or provide reasonable assurance that the project will meet applicable rules and statutes.

History

• Rulemaking Authority 20.255(8), 161.055(1), (2), 373.427(1) FS. Law Implemented 20.255(8), 161.041, 161.0535, 161.055(1), (2), 373.427(1), (2), (3), (4), (5), (6), 403.061(44) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15, 9-12-19.

Fla. Admin. Code R. 62B-49.0055 Expedited Permitting Process for Maintenance Projects

(1) Beach nourishment and inlet management projects that are constructed and maintained with no substantial changes in project scope are eligible for a simplified and expedited permitting process under the following criteria:

(a) Physical and biological site conditions have not changed since the previously permitted construction of the proposed project such that the project, permitted pursuant to this section, would not result in a violation of water quality standards or additional adverse impacts greater than those anticipated by the previous permitted project;

(b) Physical monitoring data and analysis have shown the project has performed according to design expectations;

(c) The project has met performance expectations, with due regard for storm impacts, by maintaining the beach restoration or inlet management project through the design nourishment interval or inlet maintenance cycle;

(d) The advance nourishment fill volume for the proposed project is not greater than the advanced nourishment fill volume authorized in the preceding permit;

(e) Biological monitoring data and analysis have detected no additional adverse impacts which have resulted in a compliance and enforcement action; and,

(f) The applicant has conducted and submitted to the Department all the physical and biological monitoring data and analysis, as well as mitigation required by permits for the preceding project.

(2) The following application process is available for maintenance projects that are eligible for expedited review:

(a) The applicant shall submit the Joint Coastal Permit application and request processing of the permit application in accordance with rule 62B-49.0055, F.A.C.;

(b) The Department shall process and review the application within the time requirements specified by sections 120.60, 161.055, and 373.427, F.S.;

(c) If the Department determines the application is not eligible for processing in accordance with rule 62B-49.0055, F.A.C., the Department will cite the specific criterion for eligibility under this rule and the related facts and circumstances, which do not justify an expedited permitting process under this rule. In such cases, the Department will include a request for any additional information necessary for a detailed review of the proposed activity.

(3) The applicant will not be required to submit to the Department the following information for projects eligible for expedited permitting as numbered on the Joint Application for Joint Coastal Permit: item numbers 6, 7, 8, 9, 10, 11, 12, 13, 14d, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25.

(4) The use of a new sand source that was not included in the permit for the preceding beach nourishment project will be eligible for expedited permit processing under this rule, if no additional adverse impacts, greater than those anticipated by the original permitted project, are expected. The applicant will submit the information required by item numbers 11, 12, 16, 17, and 20 on the Joint Application for Joint Coastal Permit for the proposed sand source.

(5) The Department shall include additional specific conditions or revisions to conditions contained in the permit for the preceding project, including monitoring and measures used to minimize adverse effects to water quality, that are necessary to provide reasonable assurance that the maintenance project will meet applicable rules and statutes.

History

• Rulemaking Authority 161.041(8), 161.055(1), (2), 373.427(1) FS. Law Implemented 161.041(8), 161.0535, 161.055(1), (2), 373.427(1), (2), (3), (4), (5) FS. History–New 11-19-15.

Fla. Admin. Code R. 62B-49.006 Fees

(1) Each application for a joint coastal permit, except those applications filed by the U.S. Army Corps of Engineers and the Department, shall be accompanied by the full application fee which is based on the sum of fees required in rules 62-4.050, 62B-41.0085, 18-21.008, 18-21.009, and 18-21.010, F.A.C. Fees assessed pursuant to these rules are not refundable, except fees received for an activity that is exempt and fee payments in excess of the amount required by these chapters. If an applicant withdraws an application for a joint coastal permit prior to agency action, any processing fee submitted with that application shall be applied to the processing fee for a new application or notice received from the same applicant if done within 365 days from when the previous application was withdrawn, provided the activity is located within all or part of the same project area. In such a case, additional processing fees will be required only to collect the balance due for the activities proposed in the revised application or notice. Processing fees previously paid for an application or notice that was denied by the agency shall not be applied to a new or revised application or notice. All fees submitted will be verified for accuracy by Department staff.

(2) When an application is received without the required fee, or with a fee that is less than the amount required, the Department shall begin processing the application. The Department shall calculate the full application fee based upon the information submitted, and notify the applicant of the calculated fee in a RAI. If the applicant fails to remit the calculated processing fee within 45 days of the subsequent response (or partial response) to the RAI, the Department shall deny the application pursuant to section 373.109, F.S.

(3) The cost for publishing public notice of receipt of the application and public notice of intended agency action, as described in subsection 62B-49.005(8), F.A.C., shall be borne by the applicant.

(4) In addition to application fees, severance fees, private easement fees and lease fees shall be paid prior to receipt of notice to proceed.

History

• Rulemaking Authority 161.0535, 161.055(1), (2), 373.427(1) FS. Law Implemented 161.0535, 161.055(1), (2), 373.109, 373.427(5) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15.

Fla. Admin. Code R. 62B-49.007 After-the-Fact Permits and Authorizations

History

• Rulemaking Authority 161.054, 161.055, 161.061, 373.427 FS. Law Implemented 161.041, 161.0535, 161.055, 161.061, 373.427 FS. History–New 10-12-95, Amended 2-19-98, Repealed 5-17-07.

Fla. Admin. Code R. 62B-49.008 Permit Modifications

(1) Applications for major modifications to activities authorized under existing permits shall be processed in the same manner as new permits. The applicant shall submit a new application form, any changes to the permit drawings, and information demonstrating that the activity continues to meet the permitting requirements in this chapter, including physical or biological surveys that reflect the current conditions (if those surveys are pertinent to the proposed modification). The applicant may rely on information previously submitted to the Department in the original application if that information still reflects the current conditions.

(2) Major modifications are design changes that are of such size or nature that they are expected to either increase the potential for adverse impact, have a significantly different type of environmental impact, or impact resources at new locations.

(3) Minor modifications are design changes that are not expected to either increase the potential for adverse impact or have a significantly different environmental impact than the authorized activity.

(4) Applications for major and minor modifications shall be accompanied by the full application fee, calculated and submitted according to rule 62B-49.006, F.A.C.

(5) Permit modifications shall include additional specific conditions or revisions to existing conditions that are necessary to provide reasonable assurance that the modified project will meet applicable rules and statutes.

(6) The Department shall, for good cause and after notice to potentially affected parties, require the permittee to conform to new or revised conditions. An application from the permittee to modify the permit is not required for the Department to initiate such action, known as an administrative modification. Upon a showing by the permittee that a specific period of time is required to comply with the new or additional conditions, the Department shall allow the permittee such time to conform to the new or additional conditions. For the purpose of this rule, good cause shall include any of the following:

(a) A showing of any change in the environment or surrounding conditions that would result in a violation of water quality standards pursuant to rule 62-302.530, F.A.C., or would result in a significant adverse impact to the coastal system;

(b) A record of non-compliance with Department permits by the permittee, the authorized agent or the contractor;

(c) Adoption or revision of Florida Statutes or Department rules/standards that necessitate the modification of a permit condition to bring the permit into compliance with the statute, rule or standard;

(d) Errors or omissions in the permit with the consent of the permittee;

(e) Submittal of incorrect, inaccurate, or incomplete information in the application;

(f) The activity or structure has become a danger to the public health or safety;

(g) Issuance of a new or revised Biological Opinion by the U.S. Fish & Wildlife Service or the National Marine Fisheries Service, or

(h) A change in the classification of the waterbody.

(7) Issuance of the modification shall require notice to potentially affected parties.

History

• Rulemaking Authority 161.055(2), 373.427(1) FS. Law Implemented 161.0535, 161.055(1), (2), (3), 373.427(1), (2), (4), (5) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15.

Fla. Admin. Code R. 62B-49.009 Emergency Permitting Procedures

History

• Rulemaking Authority 161.055, 373.427 FS. Law Implemented 120.569, 161.041, 161.055, 373.427 FS. History–New 10-12-95, Amended 2-19-98, Repealed 5-17-07.

Fla. Admin. Code R. 62B-49.010 Transfer of Permits and Authorizations

(1) A permit and proprietary authorization are issued to a specified applicant and are not valid for any other person unless formally transferred. A permittee must make application to the Department for a transfer of the permit and sovereignty submerged lands authorization upon the transfer of ownership or control of the real property or the sale or legal transfer of a permitted facility to a new party. Payment of a fee as set forth in rule 62B-49.006, F.A.C., shall be required. Until such transfer takes place the original permittee remains responsible for the terms and conditions of the permit and the authorization, if applicable. An application for transfer shall include a signed written request for the transfer by the transferor. The application shall also include a signed written request for the transfer by the transferee, which includes the name, address and phone number of the transferee along with proof of ownership or authorization to use the property, and a signed certificate by the transferee acknowledging acceptance of responsibility as provided in this chapter. A permit and an authorization shall not be transferred after expiration.

(2) The transferee shall comply with all the terms and conditions specified in the permit and the authorization as referenced in this chapter.

(3) If a financial assurance was previously required, the Department will release the financial assurance instrument from the previous permittee once it has received a new financial assurance instrument from the new permittee.

(4) If the conditions of subsections (1)-(3), above, are satisfied, the Department shall approve the transfer. The Department must approve a transfer before the transferee may commence or continue any work.

History

• Rulemaking Authority 161.055(2), 373.427(1) FS. Law Implemented 161.055(1), (2), (3), 373.427(1), (2), (4), (5) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15.

Fla. Admin. Code R. 62B-49.011 Time Limits on Permits and Authorizations

(1) Joint coastal permits shall be issued with the following durations:

(a) Unless a shorter duration is requested by an applicant, a joint coastal permit issued for activities authorized by section 161.041(9), F.S., and part IV of chapter 373, F.S., will allow for two maintenance or dredging disposal events or a permit life of 15 years, whichever is greater, subject to the requirements of this chapter. The Department shall grant an extension of the permit expiration date to the extent necessary for completion of the second maintenance or dredging disposal event upon request by the applicant. The extension would be documented through an administrative modification.

(b) Three (3) years for experimental coastal construction, pursuant to chapter 62B-41, F.A.C.; and,

(c) Five (5) years for the construction phase and perpetual operation and maintenance phase, pursuant to section 373.416, F.S., for sand transfer plants, ocean fishing piers, and mitigation for erosion from erosion control structures that require long-term operation and maintenance.

(2) Permits and authorizations shall be effective until expiration, unless suspended, revoked, or surrendered according to section 120.60, F.S., and rule 62B-49.012, F.A.C.

(3) Sovereignty submerged lands authorizations shall expire upon expiration of the permit unless otherwise noted in the authorization.

(4) Once a permit or an authorization has expired, all construction activity authorized must cease unless a new permit and authorization are approved.

(5) The permittee or authorized agent may apply for a minor permit modification to extend the expiration date of a permit issued for less than 15 years by filing a written application with the Department before the permit expires and paying any fees required in rule 62B-49.006, F.A.C. An application will not be considered filed until the application is received by the Department. A new joint coastal permit is required to continue maintenance of a project beyond the expiration of the permit.

(6) In order to be eligible for a time extension the permittee must provide:

(a) Documentation that the authorized construction could not be completed within the allotted period;

(b) Reasonable assurance that the activity can be completed within the time extension requested (based on a schedule for completion included with the request);

(c) Reasonable assurance that no significant change in shoreline conditions, including biological habitat, has occurred since the original permit was issued; and,

(d) The extended permit duration shall not exceed 15 years unless the on-going construction could not be completed within the allotted period.

(7) Prior to issuing a modification for a time extension, the Department shall determine that the proposed activity is consistent with the statutes and rules in effect at the time the Department takes final agency action on the requested modification. The Department shall deny an application for a time extension modification if shoreline, habitat or other conditions have changed so that the project is no longer permittable under this chapter.

(8) If the application for a permit modification to extend the permit expiration date is received prior to permit expiration, then the permit is still valid until the Department acts upon the extension request.

(9) When the Department takes final agency action on the application for a permit modification to extend the permit expiration date, the Department shall notify, by mail, the applicant, affected local governments and all persons who requested in writing notification pursuant to section 373.413(3), F.S., and subsection 62B-49.005(8), F.A.C.

(10) The expiration date of a permit shall not be extended if application is made after expiration of the permit. No changes in the nature of the work will be considered in requests for time extensions.

(11) If a permit has expired and the permitted project is incomplete the permittee may apply for a new permit. A reapplication shall be treated as a new application.

(12) The permittee shall comply with all conditions of the permit, such as financial assurance or monitoring as specified in the permit, including those that extend past the expiration date of the permit.

History

• Rulemaking Authority 161.041(8), 161.055(2), 373.427(1) FS. Law Implemented 161.041(9), 161.055, 373.427 FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15.

Fla. Admin. Code R. 62B-49.012 Suspension and Revocation

(1) The following shall be grounds for suspension or revocation of a permit:

(a) False, misleading or inaccurate information on the application, reports or other documentation has been submitted to the Department, or

(b) Section 161.041, chapter 253, or part IV of chapter 373, F.S., or chapters 18-18, 18-20, 18-21, 62-302, 62-330, 62-4, or 62B-41, F.A.C., as applicable, have been violated.

(2) A permit shall be summarily suspended, revoked or modified by the Department if shoreline conditions change such that the activity could result in a significant adverse impact as defined in rule 62B-41.002, F.A.C., or violation of state water quality standards pursuant to chapter 62-302, F.A.C., or if the activity is determined to be inconsistent with section 379.2431, F.S., to cause or have caused conditions which endanger the public health, safety or welfare, or to render the previously authorized activity inconsistent with sections 161.041, 161.055, chapter 253, and part IV of chapter 373, F.S., chapters 18-18, 18-20, 18-21, 62-330, 62-4, or 62B-41, F.A.C., or this chapter.

(3) All suspensions and revocations will be processed according to Section 120.60, F.S. and all Uniform rules as referenced in chapter 120.54, F.S.

History

• Rulemaking Authority 161.055(1), (2), 373.427(1) FS. Law Implemented 161.055(1), (2), 373.427(1), (2), (3), (4) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15.

Fla. Admin. Code R. 62B-49.013 General Conditions

The following permit conditions shall apply to all permits issued pursuant to this chapter:

(1) All activities authorized by this permit shall be implemented as set forth in the project description, permit drawings, plans and specifications approved as a part of this permit, and all conditions and requirements of this permit. The permittee shall notify the Department in writing of any anticipated deviation from the permit prior to implementation so that the Department can determine whether a modification of the permit is required pursuant to rule 62B-49.008, F.A.C.

(2) If, for any reason, the permittee does not comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department and the appropriate District office of the Department with a written report containing the following information: a description of and cause of noncompliance; and the period of noncompliance, including dates and times; and, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

(3) This permit does not eliminate the necessity to obtain any other applicable licenses or permits that may be required by federal, state, local or special district laws and regulations. This permit is not a waiver or approval of any other Department permit or authorization that may be required for other aspects of the total project that are not addressed in this permit.

(4) Pursuant to sections 253.77 and 373.422, F.S., prior to conducting any works or other activities on state-owned submerged lands, or other lands of the state, title to which is vested in the Board of Trustees, the permittee must receive all necessary approvals and authorizations under chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees shall not be considered received until it has been fully executed.

(5) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise.

(6) This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee. The issuance of this permit does not convey any vested rights or any exclusive privileges.

(7) This permit or a copy thereof, complete with all conditions, attachments, plans and specifications, modifications, and time extensions shall be kept at the work site of the permitted activity. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

(8) The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel with proper identification and at reasonable times, access to the premises where the permitted activity is located or conducted for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department and to have access to and copy any records that must be kept under conditions of the permit; to inspect the facility, equipment, practices, or operations regulated or required under this permit; and to sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules.

(9) At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall electronically submit to the Department, by email at JCPCompliance@dep.state.fl.us, and the appropriate District office of the Department a written notice of commencement of construction indicating the actual start date and the expected completion date and an affirmative statement that the permittee and the contractor, if one is to be used, have read the general and specific conditions of the permit and understand them.

(10) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, shipwreck remains or anchors, dugout canoes or other physical remains that could be associated with Native American cultures, or early Colonial or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section at (850)245-6333 or (800)847-7278, as well as the appropriate permitting agency office. Project activities shall not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with section 872.05, F.S.

(11) Within 30 days after completion of construction or completion of a subsequent maintenance event authorized by this permit, the permittee shall electronically submit to the Department, by email at JCPCompliance@dep.state.fl.us, and the appropriate District office of the Department a written statement of completion and certification by a registered professional engineer. This certification shall state that all locations and elevations specified by the permit have been verified; the activities authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the plans and specifications, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on as-built drawings electronically submitted to the Department, by email at JCPCompliance@dep.state.fl.us.

History

• Rulemaking Authority 20.255(8), 161.041(8), 161.055(1), (2), 373.427(1) FS. Law Implemented 20.255(8), 161.041(3), (8), 161.055(1), (2), 373.427(1), (2), (3), (4), 872.02 FS. History–New 2-19-98, Amended 5-17-07, 11-19-15.

Chapter 62B-54 ADMINISTRATIVE FINES AND DAMAGE LIABILITY

Fla. Admin. Code R. 62B-54.001 Definitions

(1) “Department” is the Florida Department of Environmental Protection. The head of the Department is the Secretary.

(2) “Grossly negligent” violations are acts or omissions characterized by the failure to perform a manifest duty in reckless disregard of the consequences.

(3) “Harm to Resource” is an actual or potential impact, whether direct or indirect, short or long term, which is expected to occur as a result of construction and is defined as follows:

(a) “Minor Harm to Resource” is an impact associated with construction which is not an adverse impact due to its magnitude or temporary nature. Minor impacts include all administrative infractions.

(b) “Moderate Harm to Resource” is characterized by adverse impacts and other impacts as defined in Chapters 62B-33 and 62B-41, F.A.C., as appropriate.

(c) “Major Harm to Resource” is characterized by significant adverse impacts and other impacts as defined in Chapters 62B-33 and 62B-41, F.A.C., as appropriate.

(4) “Knowing” violation is an act or omission done with awareness of the nature of the conduct.

(5) “Willful violation” is an act or omission which is voluntary, intentional and with the specific intent to do something the law forbids, or fail to do something the law requires to be done.

History

• Rulemaking Authority 161.052, 161.053, 161.054 FS. Law Implemented 161.052, 161.053, 161.054 FS. History-New 3-20-00.

Fla. Admin. Code R. 62B-54.002 Determination of Fines

(1) The Department shall assess fines for willful violations of, or refusing to comply with, Sections 161.041, 161.052, and 161.053, F.S., or any rule or order prescribed by the Department thereunder. The fine amount shall be sufficient to ensure immediate and continued compliance with the provisions of Sections 161.041, 161.052, and 161.053, F.S., and be consistent with the following table:

HARM TO RESOURCE or POTENTIAL FOR HARM

FINE RANGE

Major

$5,000.00 – $10,000.00

Moderate

$1,000.00 – $5,000.00

Minor

0 – $1,000.00

(2) Each day during any portion of which a violation occurs or continues to occur hereunder constitutes a separate offense. Multi-day fines will compound beginning on the date of receipt of the Department’s warning notice.

(3) In determining the actual fine within the range, the Department shall consider the offender’s past violations, if any, and other aggravating or mitigating circumstances. Aggravating circumstances include but are not limited to prior knowledge of rules, or willful or knowing violation of department orders; while mitigating circumstance include but are not limited to events during an emergency situation in which activities are performed to alleviate imminent collapse or undermining of a structure without obtaining a permit, or obtaining a local permit for activities and not a department permit.

History

• Rulemaking Authority 161.052, 161.053, 161.054 FS. Law Implemented 161.052, 161.053, 161.054 FS. History-New 3-20-00, Amended 4-30-12.

Fla. Admin. Code R. 62B-54.003 Determination of Damages

(1) The Department shall assess damages for grossly negligent or knowing violations of Sections 161.041, 161.052, or 161.053, F.S., or any rule or order prescribed by the Department thereunder, which result in harm to sovereignty lands seaward of mean high water or to beaches, shores, or coastal or beach-dune system(s), including animal, plant, or aquatic life thereon. In accordance with Section 161.054(4), F.S., the damage amount shall be sufficient to ensure immediate and continued compliance with the provisions of Sections 161.041, 161.052, and 161.053, F.S., and be consistent with the following table:

CULPABILITY

HARM TO RESOURCE

Gross Negligence

Knowing

Major

$1,000.00 minimum

$5,000.00 minimum

Moderate

$500.00 minimum

$1,000.00 minimum

Minor

$250.00 minimum

$250.00 minimum

(2) Damages in amounts greater than the minimum amounts provided above may be assessed. When determining the amount of damages sufficient to ensure the immediate and continued compliance with the provisions of Sections 161.041, 161.052, and 161.053, F.S., the Department shall consider:

(a) The lost or diminished ability to protect upland structures and property from wind and water damage resulting from storms;

(b) The lost or diminished opportunities for recreational use;

(c) The need for restoration; and,

(d) The damaged ecological resource.

(3) The Department does not hereby waive any right to assess fines pursuant to Administrative Fines for Damaging State Lands or Products Thereof, Chapter 18-14, F.A.C.

History

• Rulemaking Authority 161.052, 161.053, 161.054 FS. Law Implemented 161.052, 161.053, 161.054 FS. History-New 3-20-00.

Fla. Admin. Code R. 62B-54.004 Imposition and Collection of Fines and Damages

(1) The provisions of Rules 62B-54.002 and 62B-54.003, F.A.C., are not mutually exclusive and may be utilized concurrently.

(2) Fines and damages shall be imposed and collected by the Department pursuant to Sections 161.052, 161.053, and 161.054, F.S., and the Florida Administrative Procedures Act, Chapter 120, F.S. Nothing in this rule chapter shall be construed to preclude the Department from bringing suits or taking action as is otherwise lawfully authorized including directing appropriate restoration activities against any person or the agent of any person who has been found to have violated the provisions of Chapter 161, F.S.

(3) Upon discovery of a violation, the Secretary of the Department or his/her designee shall issue a notice to suspected and known violators giving notice of the violation. Such notice shall be served on the violator by certified mail, return receipt requested; actual delivery; or by personal service; and shall identify the provision of law or rule alleged to have been violated. The notice shall include a brief statement of the facts constituting the alleged violation.

(4) Upon determination that the violation is considered a minor violation pursuant to Section 120.695(2)(b), F.S., the Department shall issue a notice of noncompliance as a first response to that minor violation.

(5) Upon determination that a fine or assessment of damage is warranted, the Secretary of the Department or his/her designee shall issue a final order to the violator demanding payment to the Ecosystem Management and Restoration Trust Fund within 21 days of receipt. If payment is not received by the Department within such 21 day period the fine shall become a lien upon the real and personal property of the violator, enforceable by the Department as a statutory lien pursuant to Section 161.054, F.S.

History

• Rulemaking Authority 161.052, 161.053, 161.054 FS. Law Implemented 161.052, 161.053, 161.054 FS. History-New 3-20-00.

Chapter 62B-55 MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION

Fla. Admin. Code R. 62B-55.001 Purpose and Intent

History

• Rulemaking Authority 161.163 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.001, Repealed 11-26-15.

Fla. Admin. Code R. 62B-55.002 Definitions

(1) “Artificial light” or “artificial lighting” means the light emanating from any human-made device.

(2) “Beach” means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves.

(3) “Local government” means any county listed in Rule 62B-55.003, F.A.C., and any municipality, community development district, or special taxing district within those counties.

(4) “Marine turtle” is any turtle, including all life stages from egg to adult, of the species Caretta caretta (loggerhead), Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricata (hawksbill), and Lepidochelys kempi (Kemp’s ridley). For purposes of this rule, marine turtle is synonymous with sea turtle.

History

• Rulemaking Authority 161.163 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.002, Amended 12-15-20.

Fla. Admin. Code R. 62B-55.003 Marine Turtle Nesting Areas

Scientific investigations have demonstrated that marine turtles can nest along the entire coastline of the state. Historical data are not sufficient to exclude any county as an area utilized by marine turtles for nesting. For the purposes of this rule, however, the coastal areas of the state utilized, or likely to be utilized, by marine turtles for nesting include all beaches adjoining the waters of the Atlantic Ocean, the Gulf of Mexico, and the Straits of Florida and located within Bay, Brevard, Broward, Charlotte, Collier, Dade, Duval, Escambia, Flagler, Franklin, Gulf, Indian River, Lee, Manatee, Martin, Monroe, Nassau, Okaloosa, Palm Beach, Pinellas, St. Johns, St. Lucie, Santa Rosa, Sarasota, Volusia, and Walton Counties; and all inlet shorelines of those beaches.

History

• Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.003.

Fla. Admin. Code R. 62B-55.004 General Guidance to Local Governments

The State of Florida Model Lighting Ordinance for Sea Turtle Protection effective December 15, 2020, which is hereby adopted and incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12398 and https://floridadep.gov/rcp/beaches, provides guidelines for local government regulations that control artificial lighting to protect sea turtles.

History

• Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.004, Amended 12-15-20.

Fla. Admin. Code R. 62B-55.005 Prohibition of Activities Disruptive to Marine Turtles

History

• Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.005, Repealed 12-15-20.

Fla. Admin. Code R. 62B-55.006 Model Standards for New Beachfront Lighting

History

• Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.006, Repealed 12-15-20.

Fla. Admin. Code R. 62B-55.007 Model Standards For Existing Beachfront Lighting

History

• Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.007, Repealed 12-15-20.

Fla. Admin. Code R. 62B-55.008 Proposed Enforcement and Penalties

History

• Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.008, Repealed 12-15-20.

Fla. Admin. Code R. 62B-55.009 Monitoring and Reporting Guidance

History

• Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History–New 3-30-93, Formerly 16B-55.009, Repealed 11-26-15.

Chapter 62B-56 BUREAU OF BEACHES AND COASTAL SYSTEMS – RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE)

Fla. Admin. Code R. 62B-56.010 Scope

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.053(2), (4), 161.085(9) FS. History–New 6-22-09, Repealed 11-26-15.

Fla. Admin. Code R. 62B-56.020 Definitions

(1) “Access” or “public access” as used in section 161.053, F.S., means the public’s right to laterally traverse the sandy beaches of this state where such access exists on or after July 1, 1987, or where the public has established a shore normal accessway through private lands to lands seaward of the mean high tide or water line by prescription, prescriptive easement, or any other legal means.

(2) “Adjacent properties” are properties next to the property where the construction activity is to take place, including those properties separated by a road, right-of-way, or access way, in all directions.

(3) “Agent” is any person with the written power or authority to act on behalf of the responsible entity for purposes of an application submitted under chapter 161, F.S.

(4) “Applicant” is any person, firm, corporation, county, municipality, township, special district, homeowners association, or public agency, requesting a permit to reconstruct a dune system seaward of the CCCL. The applicant must be a responsible entity and the owner of record, leaseholder, or holder of any legal instrument which gives the holder legal authority to undertake the construction for which a permit is sought.

(5) “Beach” is the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation.

(6) “Beach-dune System” is that portion of the coastal system where there has been or there is expected to be, over time and as a matter of natural occurrence, cyclical and dynamic emergence, destruction, and reemergence of beaches and dunes.

(7) “Beach quality sand” means sand that maintains the general appearance, and the engineering and ecological functions of the native sand occurring on the beach and in the adjacent dune and coastal system. Such sand shall be predominately of carbonate, quartz or similar material with a particle size distribution ranging between 0.062mm (4.0phi) and 4.76mm (-2.25phi) (classified as sand by either the Unified Soils or the Wentworth classification), shall be similar in color and grain size distribution (sand grain frequency, mean and median grain size and sorting coefficient) to the material present on the beach berm seaward of the project site and shall not contain:

(a) Greater than five percent by weight of silt, clay or colloids passing the #230-sieve (4.0phi);

(b) Greater than five percent by weight of fine gravel retained on the #4-sieve (-2.25phi);

(c) Coarse gravel, cobbles or material retained on the three-quarter inch sieve in a percentage or size greater than found on the native beach, or

(d) Construction debris, toxic material or other foreign matter; and shall not result in cementation of the beach.

(8) “Beach scraping” is the process of excavating or relocating sand from the foreshore or below mean high water and placing it on the beach berm to facilitate dune recovery.

(9) “Bureau” is the Bureau of Beaches and Coastal Systems of the Department of Environmental Protection.

(10) “Coastal Construction Control Line” (CCCL) is the line established pursuant to the provisions of section 161.053, F.S., and recorded in the official records of the county, which defines that portion of the beach-dune system subject to severe fluctuations based on a one-hundred-year storm surge, storm waves, or other predictable weather conditions.

(11) “Coastal system” includes: the beach and adjacent upland dune system and vegetation seaward of the CCCL; swash zone; surf zone; breaker zone; offshore and longshore shoals; reefs and bars; tidal, wind, and wave driven currents; longshore and onshore/offshore drift of sediment materials; inlets and their ebb and flood tide shoals and zones of primary tidal influence; and all other associated natural and manmade topographic features and coastal construction.

(12) “Construction” is any work or activity, including those activities specified in section 161.085(9), F.S., that may have an impact as defined in this rule.

(13) “Construction debris” is discarded material resulting from the installation of a reconstructed dune or demolition of a structure.

(14) “Core of a reconstructed dune” is a sand-filled geotextile container used as the base structural component of a reconstructed dune project.

(15) “Department” is the Florida Department of Environmental Protection.

(16) “Dune” is a mound, bluff or ridge of unconsolidated sediment, usually sand-sized sediment, lying upland of the beach and deposited by any natural or artificial mechanism, which may be bare or covered with vegetation and is subject to fluctuations in configuration and location. Types of dunes include:

(a) “Primary dune” is a significant dune which has sufficient alongshore continuity to offer protective value to upland property. The primary dune may be separated from the frontal dune by an interdunal trough; however, the primary dune may be considered the frontal dune if located immediately landward of the beach.

(b) “Reconstructed dune” is a man-made dune feature that has a sand filled geotextile container as its core that is continuously covered with a minimum of three feet of sand, meets the specific design and siting criteria of this chapter, is contoured to minimize erosive effects, and is vegetated with native beach-dune plants.

(c) “Significant dune” is a dune that has sufficient height and configuration or vegetation to offer a level of protection to the beach-dune system.

(17) “Erosion” is the wearing away of land or the removal of consolidated or unconsolidated material from the beach-dune system by wind, water, or wave action. Erosion includes:

(a) Landward horizontal movement of the line of mean high water or beach-dune system profile; and,

(b) Vertical lowering or volumetric loss of sediment from the beach-dune system or the offshore profile.

(18) “Excavation” is any mechanical or manual removal or alteration of consolidated or unconsolidated soil or rock material from or within the beach-dune system.

(19) “Financial assurance” is defined as a fully funded trust account for the benefit of the Department, a surety payment bond or performance bond issued to the Department by a licensed bonding company and accompanied by a standby trust agreement, or a letter of credit to the Department issued by a financial institution authorized to do business in the State of Florida and accompanied by a standby trust agreement.

(20) “Fixed coastal cell” is a geomorphological component of the coastal system that is closely linked internally by active physical processes and is bounded by physical features which exercise a major control on refraction patterns or which compartmentalize or severely limit longshore sediment transport such as headlands or inlets.

(21) “Foundation” is the portion of a structure that transmits the associated dead and live loads of the structure to the ground and includes, but is not limited to, spread footings, foundation walls, posts, piers, piles, beams, girders, structural slabs, cross bracing, and all related connectors. For pavements, the foundation includes the subbase and base course layers supporting the pavement layer.

(22) “Frequent coastal storm” is defined as a storm event having a return period of less than or equal to 25 years.

(23) “Frontal dune” means the first natural or manmade mound or bluff of sand which is located landward of the beach and which has sufficient vegetation, height, continuity, and configuration to offer protective value.

(24) “Geotextile container” is a bag or tube, made of blanket-like synthetic fibers manufactured in a woven or loose nonwoven manner, used as an agent to hold together a large mass of sand forming a rigid tubular structure.

(25) “Impacts” are those effects, whether direct or indirect, short or long term, which are expected to occur as a result of construction and are defined as follows:

(a) “Adverse impacts” are impacts to the coastal system that may cause a measurable interference with the natural functioning of the coastal system.

(b) “Significant adverse impacts” are adverse impacts of such magnitude that they alter the coastal system by:

1. Measurably affecting the existing shoreline change rate.

2. Significantly interfering with its ability to recover from a coastal storm.

3. Disturbing topography or vegetation such that the dune system becomes unstable or suffers catastrophic failure or the protective level of the dune system is significantly lowered, or

4. Causing a take of nesting state or federally threatened or endangered species, unless an incidental take permit has been issued, pursuant to the Endangered Species Act, 16 U.S.C. Sections 1532, 1536, 1538, and 1539, and section 379.2431(1)(h), F.S.

(c) “Minor impacts” are impacts associated with construction that are not considered adverse impacts due to their magnitude or temporary nature.

(d) “Other impacts” are impacts associated with construction that may result in damage to existing structures or property or interference with public beach access.

(26) “Incidental Take Permit” is a permit issued by the United States Fish and Wildlife Services.

(27) “Irreparable damage” is deterioration, destruction or impairment of the sand-filled geotextile container system that results in the failure of the structure to provide adequate protection to upland properties based on the need for repair costs exceeding 50% of the original construction cost.

(28) “Major Structures” are structures that, as a result of design, location, or size could cause an adverse impact to the beach and dune system. Major structures include:

(a) Habitable major structures that are houses, apartment buildings, condominiums, motels, hotels, restaurants, towers, other types of residential, commercial, or public buildings, or other structures designed primarily for human occupancy;

(b) Nonhabitable major structures which are designed primarily for uses other than human occupancy, but are necessary for occupancy of a major habitable structure; and,

(c) Nonhabitable major structures which are designed primarily for uses other than human occupancy, but whose failure would cause an adjacent upland habitable major structure, public infrastructure or a nonhabitable major structure necessary for occupancy of a habitable major structure, to become subject to damage from frequent coastal storm events.

(29) “Marine turtle” is any turtle, including all life stages from egg to adult, of the species Caretta caretta (loggerhead), Chelonia mydas (green), Dermochelys coriacea (leatherback), Eretmochelys imbricata (hawksbill), and Lepidochelys kempi (Kemp’s ridley).

(30) “Marine turtle nesting season” is the nesting period for marine turtles from May 1 through October 31 of each year for all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward. Nesting season for these counties is the period from March 1 through October 31 of each year.

(31) “Mitigation” is an action or series of actions taken by the responsible entity that will offset impacts caused by a proposed or existing construction project.

(32) “Major modifications” are changes that will affect the engineering performance of the structure or that will increase the potential for adverse or other impacts.

(33) “Minor modifications” are changes that will not affect the engineering performance of the structure and will not increase the potential for adverse and other impacts.

(34) “Nesting state” means animals (including mammals, birds, reptiles and invertebrates) listed by the Florida Fish and Wildlife Conservation Commission as threatened or endangered and that nest, breed, den or otherwise reside for the purposes of inhabiting or raising their offspring within beach-dune, coastal berm, coastal grassland, coastal strand, hammock, or other natural communities located seaward of the CCCL. Nesting refers neither to loafing, migratory, or other casual occurrences in these communities, nor to plants (See Table 1 provided in rule 62B-56.030, F.A.C).

(35) “Notice to Proceed” is the formal notification from the Department authorizing all or portions of the permitted construction to commence.

(36) “One-hundred-year storm” is a shore-incident hurricane or any other storm with accompanying wind, wave, and storm surge intensity having a one percent chance of being equaled or exceeded in any given year.

(37) “One-time deferred removal cost” refers to the cost of covering a dune with three feet of sand for the duration of the marine turtle nesting season, and commencing removal and restoration after the nesting season, where it has been determined that the geotextile container shall be removed and the dune restored, but such removal and restoration coincides with the marine turtle nesting season.

(38) “Permit” is the authorization issued by the Department to conduct certain specified construction and maintenance in a specified location.

(39) “Permit condition” is a statement or stipulation issued with, and appearing in or referenced in, a permit.

(40) “Protective value” is the measurable protection level afforded by the dune system to upland property and structures from the predictable erosion and storm surge levels associated with coastal storm events.

(41) “Public infrastructure” means public evacuation routes, public emergency facilities, bridges, power facilities, water or wastewater facilities, other utilities, hospitals, or structures of local governmental, state or national significance.

(42) “Repair” is the restoration of a portion of an existing structure, including the foundation of the structure, to its original design or an equivalent structural standard. Repair of a structure assumes that a significant portion of the structure and its foundation remains intact.

(43) “Responsible entity” is defined as a single entity with financial and legal authority to perform construction, maintenance, or other activities required by this chapter and is responsible for verifying that information in the application is accurate. These entities are:

(a) The property owner.

(b) Local governmental units including counties, municipalities, and Municipal Service Taxing Units.

(c) State or federal agencies, or

(d) Profit or non-profit corporations such as homeowners associations, property owners associations, condominium owners associations, or master associations.

(44) “Scour” is erosion caused by the interaction of waves and currents with man-made structures or natural features.

(45) “Shoreline” is the intersection of a specified plane of water with the beach. For example, the mean high water shoreline is the intersection of the plane of mean high water with the beach.

(46) “Shore-normal” is a directional reference meaning approximately perpendicular to the shoreline.

(47) “Significant beach erosion” is major erosion to the beach-dune system causing recession that significantly interferes with the beach-dune system’s ability to recover, and is:

(a) A measurable alteration in the shoreline change rate, or

(b) A disturbance to topography or vegetation such that the beach-dune system becomes unstable or suffers catastrophic failure.

(48) “Storm surge” is the rise of water above normal water level on the open coast due to a number of factors, including the action of wind stress on the water surface and the rise in water level due to atmospheric pressure reduction.

(49) “Vulnerable structure” is an existing major structure or public infrastructure located seaward of the CCCL, that is subject to damage from frequent coastal storm events.

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.021, 161.053(2), (4), 161.085(7), (9) FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.030 Permit Criteria for Construction

(1) The Department shall issue a permit for a reconstructed dune after it determines the applicant meets the following conditions:

(a) The proposed reconstructed dune must provide for the protection of an existing vulnerable structure or a structure that is upland of a beach-dune system that has experienced significant beach erosion.

1. Vulnerability shall be certified by a professional engineer licensed in the State of Florida through one of the following methods:

a. Frequent coastal storm vulnerability test using:

(i) The report entitled “Erosion Due to High Frequency Storm Events,” by the University of Florida, dated November 22, 1995, which is incorporated herein by reference. A copy of this document may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following web site: www.dep.state.fl.us/beaches, or

(ii) Application of the SBEACH (Storm-induced BEAch CHange), a numerical simulation model for predicting dune erosion or other similar models recognized by the coastal engineering profession, using the storm surge elevations of a 25-year storm event, as determined by the Department and provided in the above referenced report entitled “Erosion Due to High Frequency Storm Events.”

b. Geotechnical analysis: The applicant may provide the Department an appropriate geotechnical analysis demonstrating that the major structure’s foundation will be subject to damage from a frequent coastal storm.

c. Adjacent structure vulnerability test: The applicant may demonstrate that its major structure or public infrastructure is in close proximity to a vulnerable major structure or public infrastructure and the neighboring property’s proposed reconstructed dune would cause the applicant’s major structure or public infrastructure to become vulnerable. The demonstration shall be provided by a professional engineer and must be based on the results of numerical modeling and engineering analysis that clearly demonstrate to the Department that the proposed reconstructed dune would cause the applicant’s adjacent major structure or public infrastructure to become vulnerable.

d. Site specific vulnerability analysis: The applicant can demonstrate to the Department, through engineering analysis, that another site specific circumstance exists which makes the structure to be protected vulnerable as defined in subsection 62B-56.020(49), F.A.C.

2. If vulnerability cannot be established then the proposed reconstructed dune shall protect an existing major structure or public infrastructure located seaward of the Coastal Construction Control Line (CCCL) that is upland of a beach-dune system that has experienced significant beach erosion from a frequent coastal storm. The applicant may provide the Department for consideration an analysis certified by a professional engineer licensed in the State of Florida demonstrating that the beach-dune system has experienced significant beach erosion. The analysis and supporting data shall be based upon a detailed assessment of the impact of storm events along the subject shoreline. The applicant may provide the following types of quantitative data and analyses for consideration by the Department: beach and offshore profiles, upland topography, nearshore and offshore bathymetry, historical shoreline position changes, storm tide frequency, beach and dune erosion, the effectiveness of previous or existing sand placement efforts in preventing a recurrence of significant beach erosion, post storm assessments of the beach and dune systems, and similar coastal scientific data necessary to demonstrate significant beach erosion. In the event a beach-dune system does not currently experience significant beach erosion, but sand has been placed at the site within five years of the Department’s receipt of a permit application for a reconstructed dune under this rule, then the requirements of this paragraph are met provided that:

a. The sand placement was designed solely for that portion of the beach-dune system that is landward of the shoreline that existed at the time of commencement of the sand placement; and,

b. The beach-dune system experienced significant beach erosion immediately prior to the commencement of the sand placement.

3. Alternatively, if the applicant would otherwise meet the requirements of subparagraph 62B-56.030(1)(a)1. or 62B-56.030(1)(a)2., F.A.C., but the existing major structure or public infrastructure to be protected is not located seaward of the CCCL, the applicant may provide engineering data that shows the existing major structure or public infrastructure in need of protection will be impacted by the storm surge with dynamic wave setup of a one-hundred-year storm or the anticipated erosion of a one-hundred-year storm.

(b) Siting and design requirements:

1. The reconstructed dune shall be sited as far landward as practicable, balancing the need to minimize excavation of the beach-dune system, impacts to nesting marine turtles and other nesting state or federally threatened or endangered species, and impacts to adjacent properties.

2. The reconstructed dune shall be sited in a sustainable location so that the core of the reconstructed dune is located no farther seaward than the frontal dune that existed prior to recent storm events or that would naturally develop under similar shoreline locations and conditions, whichever is farther landward.

3. The reconstructed dune core shall be designed, sited, and placed at an elevation so that the dune core is continuously covered with a minimum of three feet of native or beach-quality sand and shall be stabilized with native beach-dune vegetation.

4. The reconstructed dune core shall be designed, sited and elevated to minimize interference with movement of sediment along the beach.

5. The reconstructed dune shall be designed to facilitate easy removal of the geotextile containers.

6. The reconstructed dune shall be designed as a frontal dune having similar crest elevations, side slopes, configuration and continuity to the frontal dune that existed prior to recent storm events or that would occur under similar shoreline locations and conditions.

7. The proposed reconstructed dune shall not result in removal or disturbance of sandy soils of the beach-dune system to such a degree that a significant adverse impact to the beach-dune system would result from either reducing the existing ability of the system to resist erosion during a storm or lowering existing levels of storm protection to upland properties and structures.

8. The proposed reconstructed dune shall minimize impacts to adjacent properties.

9. The proposed reconstructed dune shall not cause an increase in structure-induced scour of such magnitude during a storm that the structure-induced scour would result in a significant adverse impact.

10. The proposed reconstructed dune shall be sited and constructed in a manner to minimize removal or destruction of native vegetation.

11. The proposed reconstructed dune shall not direct discharges of fluids that would result in significant adverse impact.

12. The proposed reconstructed dune shall not cause a significant adverse impact to nesting state or federally threatened or endangered species, and nesting marine turtles; and,

13. The proposed reconstructed dune shall not interfere with public access as defined in section 161.021, F.S.

(c) All fill shall be beach quality sand. Sand excavated seaward of the CCCL shall be the minimum amount required to fill the core of the reconstructed dune and shall be obtained from the footprint of the core of the reconstructed dune, not from beach scraping. Any additional sand necessary to construct the project shall come from upland of the CCCL. Organic or peat material shall not be considered beach compatible material suitable for placement atop the reconstructed dune.

(d) Sandy material excavated seaward of the CCCL shall be maintained on-site seaward of the CCCL and be placed in the immediate area of construction unless otherwise specifically authorized by the Department based upon sediment suitability, site constraints, and construction practices.

(e) In considering project impacts to native beach-dune vegetation, the Department shall evaluate the following:

1. Type and extent of native beach-dune vegetation.

2. The degree and extent of disturbance by invasive nuisance species.

3. The degree and extent of disturbance by other construction activities; and,

4. The protection afforded by natural plant communities.

(f) In considering project impacts, the Department shall evaluate and minimize the impacts to nesting state or federally threatened or endangered species, including nesting marine turtles and hatchlings. A list of the nesting state species that may be affected by activities regulated under the CCCL Program in the State of Florida are provided in Table 1, below. For a list of federally threatened or endangered species visit the U.S. Fish and Wildlife Service web site at: http://www.fws.gov/endangered/policy/index.html.

TABLE 1

Nesting State Species

Endangered – E, Threatened – T, Critical – C

Scientific Name

Common Name

Classification

Nesting Dates

Reptiles

Drymarchon corais

Eastern Indigo Snake

T

Resident Population

Gopherus polyphemus

Gopher tortoise

T

Resident Population

Caretta caretta

Loggerhead Turtle

T

Mar 1, thru. Oct 31

(Brevard thru. Broward)

May 1 thru. Oct 31

(All Other Counties)

Chelonia mydas

Green Turtle

E

Dermochelys coriaca

Leatherback Turtle

E

Eretmochelys imbricata

Hawksbill Turtle

E

Lepidochelys kempii

Kemp’s Ridley Turtle

E

Birds

Aphelecoma coerulescens

Florida Scrub Jay

T

Resident

Charadrius alexandrinus

Snowy Plover

T

Feb 1 – Sept 1

Sternula antillarum

Least Tern

T

Apr 1 – Sept 1

Sterna dougallii

Roseate Tern

T

Apr 1 – Sept 1

Mammals

Peromyscus polionotus allophrys

Choctawhatchee Beach Mouse

E

Resident Populations

Peromyscus polionotus niveiventris

Southeastern Beach Mouse

T

Peromyscus polionotus peninsularis

St. Andrews Beach Mouse

E

Peromyscus polionotus phasma

Anastasia Beach Mouse

E

Peromyscus polionotus trissyllepsis

Perdido Key Beach Mouse

E

Insects

Cyclargus [=Hermiargus] thomasi bethunebakeri

Miami blue butterfly

C/E

Resident Population

(g) The Department shall restrict activities that lower the protective value of natural and intact beach-dune, coastal strand, and maritime hammock plant communities. Activities that result in the removal of protective root systems or reduce the vegetation’s sand trapping and stabilizing properties of native beach-dune vegetation are considered to lower its protective value. Any such vegetation removal must be temporary in nature and must be replaced with native dune vegetation that will result in an overall increase in the protective value of the root system or the sand trapping and stabilization properties of the existing native beach vegetation. Construction activities shall be located, where practicable, in previously disturbed areas or areas with nonnative vegetation in lieu of areas of native plant communities when the placement does not increase adverse impacts to the beach-dune system; and,

(h) Special conditions relative to the nature, timing, and sequence of construction shall be placed on permitted activities when necessary to protect nesting state or federally threatened or endangered species and marine turtles, their nests and nesting habitat. Sand placement must be undertaken in conformity with a federal incidental take authorization, if an Incidental Take Permit is required.

(2) After reviewing all information required pursuant to this chapter, the Department shall:

(a) Grant the permit provided the applicant has demonstrated the project will comply with the requirements of this chapter. A decision by the Department to grant a permit shall not constitute a commitment to permit additional similar construction within the same fixed coastal cell.

(b) Deny any application for an activity that either individually or cumulatively would result in a significant adverse impact including potential cumulative effects. In assessing the cumulative effects of a proposed activity, the Department shall consider the short-term and long-term impacts and the direct and indirect impacts the activity would cause in combination with existing structures in the area and any other similar activities already permitted or for which a permit application is pending within the same fixed coastal cell, or

(c) Deny any application for an activity where the project has not met the requirements of this chapter.

(3) No permit shall be issued under this rule where all permit criteria have been met, but a publicly funded beach nourishment, beach restoration, sand transfer, or other project which would provide protection to the structure is scheduled for construction within nine months, all permits have been issued, and funding for the project is available.

(4) The requirements set forth in chapter 62B-56, F.A.C., and the permit shall be controlling, unless a more stringent requirement is contained in an associated Incidental Take Permit, in which case the more stringent requirements shall be controlling.

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 120.60, 161.053(2), (4), 161.085(9), 379.2431(1)(h) FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.040 Consultations

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.085(9) FS. History–New 6-22-09, Repealed 11-26-15.

Fla. Admin. Code R. 62B-56.050 Permit Application Requirements and Procedures

(1) To apply for a construction and maintenance permit under this chapter, the applicant shall submit the application form and supporting documents to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400, using Form 62B-56.900(1), entitled “Permit Application for Construction and Maintenance of a Reconstructed Dune” (effective 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

(2) Upon receipt of an application the Department shall notify the applicant or agent of all the statutory provisions of section 161.085(9), F.S.

(3) The applicant shall provide the specific information set forth below:

(a) Name, mailing address, and telephone number of the property owner and of any duly authorized agent making the application on behalf of the owner, and the signature of the applicant.

(b) A statement describing the proposed project and providing the street address.

(c) The name and mailing address of the owners of the adjacent properties, exclusive of street-ends or easements.

(d) A Construction and Maintenance Permit application fee as set forth in rule 62B-56.130, F.A.C.

(e) Sufficient evidence of ownership including the legal description of the property for which the permit is requested. Examples of evidence of ownership may include a copy of an executed warranty deed bearing evidence of appropriate recordation; a copy of a long term lease-purchase agreement, or contract for deed; a copy of a property tax receipt bearing the name and address of the current owner; articles of condominium bearing evidence of appropriate recordation (for condominiums); or, the cooperative documents defined in section 719.103(13)(a), F.S. (for residential cooperatives). Other documents submitted as evidence of ownership shall be reviewed by the staff and shall be rejected if found not to be sufficient. A copy of a quitclaim deed, a purchase contract, an affidavit from the owner, or a tax record obtained from an Internet website (unless obtained from an authenticated official county record) is not sufficient evidence of ownership. Ownership information shall include a copy of the recorded property deed, using business or person’s name, the year that it was recorded, document number, and the official record book, page and parcel number.

(f) Written evidence provided by the appropriate local governmental entity, political subdivision, or municipality having jurisdiction over the activity, that the proposed activity as submitted to the Bureau does not contravene local setback requirements or zoning codes.

(g) Information concerning impacts to natural plant communities and nesting state or federally threatened or endangered species, including:

1. A biological assessment of habitat quality of natural plant communities and potential nesting state or federally threatened or endangered species whose range includes the subject property, using Form 62B-56.900(4), entitled “Biological Assessment” (effective 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, MS 300, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000; or at the following website: www.dep.state.fl.us/beaches.

2. Any existing Incidental Take Permit from the U.S. Fish and Wildlife Service.

(h) Written commitment from financial institution or insurance company demonstrating that financial assurance can be obtained, and a completed copy of Form 62B-56.900(2), entitled “Financial Assurance Worksheet” (effective date 6-22-09), pursuant to rule 62B-56.090, F.A.C. This form is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

(i) A signed and sealed survey of the subject property. The information depicted on the drawing shall be from a field survey conducted not more than six months prior to the date of the application. The survey shall comply with the requirements given in rule 62B-56.080, F.A.C.

(j) A dimensioned site plan. The drawings shall be signed and sealed by a professional engineer licensed in the State of Florida. The site plan shall include:

1. The locations and exterior dimensions of the reconstructed dune, including the location of the dune core and all activities, and the perpendicular distances from the Coastal Construction Control Line (CCCL) to the seaward limits of the dune core, the dune toes and the reconstructed dune.

2. Dimensions and locations of the foundation outlines of any existing structures on adjacent properties and distances from the CCCL to the seaward corners of the foundations of any existing structures and the seaward limit of any coastal or shore-protection structure.

3. Dimensions and locations of the foundation outlines of any existing structures on the subject property and distances from the CCCL to the seaward corners of the foundations of any major structures, public infrastructure and the seaward limit of any coastal or shore-protection structure.

4. The horizontal location of the erosion control line (if one exists), any contour lines corresponding to elevation 0.00, the approximate contour of mean high water and seasonal high water, and horizontal location of the seaward line of vegetation and outlines of existing native beach-dune vegetation.

5. The horizontal location of the CCCL for the full width of the subject property, including the location and full stamping of the two nearest Department or published second order or higher horizontal control points.

6. The location of the two nearest Department Range Monuments (DNR R-Monument).

7. The location and dimensions of the property boundary, rights of way, and easements, if any.

8. The property owner and project name, street address, scale, north arrow, sheet number, and date of drawings; and,

9. The location of work limits, construction fences, and dune features and vegetation to be protected during construction.

(k) A dimensioned grading plan including any dune and vegetation protection, clearing, demolition, grading, excavation, and fill activities. The drawings shall be signed and sealed by a professional engineer licensed in the State of Florida. The grading plan shall include the location and distances of all proposed structures on the subject and adjacent properties, and the following:

1. Existing and proposed elevations, contours and spot elevations, including the mean high water line, seasonal high water line, vegetation, seaward toe of dune, dune crest, and landward toe of dune.

2. Volumes (in cubic yards), locations and dimensions and distances (in feet) seaward of the CCCL for all permanent and temporary excavation, storage or fill and other site use or disturbance including construction limits and access.

3. A table of all permanent, temporary, and net excavation and fill volumes seaward of the CCCL.

4. Soil and geotechnical data for beach compatible imported or excavated sand proposed for placement on the project site.

5. Proposed drainage plans and dewatering activities.

6. Form 62B-56.900(3), F.A.C., entitled “Sand Quality Assurance/Quality Control (QA/QC) Plan” (effective 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, Bureau of 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches. The QA/QC plan shall detail measures for testing, screening, handling, monitoring and remediation of all excavated or filled material and shall include mechanisms to ensure that only beach compatible sand is placed on the project site; and,

7. Surface area measurements (in square feet) of existing native beach-dune vegetation within the project limits, native beach-dune vegetation to be disturbed, and native beach-dune vegetation to be preserved or planted.

(l) Dimensioned cross-sections. The drawings shall be signed and sealed by a professional engineer licensed in the State of Florida. The cross-sections shall include a typical view from the mean high water line to the CCCL depicting all structures and elevations, proposed and existing grades, subgrade construction, excavation, and fill.

(m) Detailed final construction plans and specifications for the reconstructed dune and fill material. These documents shall be signed and sealed by a professional engineer licensed in the State of Florida.

(n) An anticipated construction schedule.

(o) Detailed dune planting and maintenance plans, including the plant species and locations of existing native beach-dune vegetation, plants to be removed and proposed plants. Plans shall include a plant list with both scientific and common names. Plans shall include any structures to be constructed within the dune area, including sand fences, irrigation systems and beach access.

(p) Dimensioned site plan drawn to an appropriate scale, in 8 1/2 by 11 inch size format showing property boundaries, the location of the proposed structure(s), the proposed construction limits, the location and volume of any proposed excavation or fill, and the locations of roads, adjacent dwellings, the vegetation line, and the approximate mean high water line; and,

(q) Dimensioned cross-sections drawn to an appropriate scale, in 8 1/2 by 11 inch format, showing:

1. All subgrade construction or excavation with elevations referenced to NAVD 88 (U.S. survey foot).

2. Typical cross-sections of the reconstructed dune depicting geotextile core and elevations.

3. Location of the CCCL or, if not established, the mean high water line.

4. Typical profile of existing and proposed grade at the site; and,

5. The location of the contour line corresponding to elevation 0.0 NAVD 88 (U.S. survey foot).

(4) The applicant shall provide other site-specific information or calculations as determined necessary by staff to ensure that the criteria of this chapter are met. The dimensions for the plans referenced in this section shall be submitted in U.S. Customary System units. Structures shall be located with distances measured perpendicular to the CCCL, or the mean high water line, as appropriate. All elevations in this rule shall be referenced to NAVD 88 (U.S. survey foot). Site, grading, drainage, and landscape plans as well as cross-sections shall be drawn to an appropriate engineering scale in the horizontal dimension.

(5) The Department recognizes that certain requirements specified in subparagraphs and paragraphs 62B-56.050(3)(k)3. through 7., (o), (p) and (q), F.A.C., may not, due to the project specific circumstances, be applicable or necessary to ensure protection to the beach-dune system. In such cases, the applicant shall, as part of the application, identify those requirements and state the reason why they are inapplicable.

(6) The applicant shall have 180 days from the date the Department mails a timely request for additional information to submit that information to the Department. If the applicant requires additional time in which to respond to a request for additional information, the applicant may notify the Department in writing of the circumstances justifying the need for additional time. Upon receipt of such notice providing good cause, the application shall be held in active status for a period of up to 90 days. A showing that the applicant is making a diligent effort to obtain the requested additional information shall constitute good cause. Failure of the applicant to provide the timely requested information by the applicable deadline shall result in denial of the application.

(7) If a substantial revision or major modification is made to a pending application, the application shall be deemed amended and shall be treated in all respects as a new application; and the time limits for processing applications shall be restarted, as set out in Section 120.60, F.S., following payment by the applicant of an additional processing fee, pursuant to this chapter.

(8) If site conditions change during the processing of an application to such an extent that the data already provided can no longer be used to determine consistency as provided in this chapter, then the application shall be denied unless the applicant agrees to waive the 90 day time requirements of section 120.60, F.S., and provides the additional information required to reanalyze the application.

(9) All permit application requirements must be met and the application approved by the Department prior to the Department granting the Notice to Proceed.

History

• Rulemaking Authority 161.053(20), 161.0535, 161.085(5) FS. Law Implemented 120.60, 161.053(2), (3), (5), 161.085(9) FS. History–New 6-22-09, Amended 5-9-13.

Fla. Admin. Code R. 62B-56.060 Electronic Submittals

(1) The Department requests that:

(a) Complete permit applications be submitted on writeable CD media, clearly labeled and protected within a case or sleeve.

(b) Digital files be submitted in Adobe Acrobat Portable Document Format (PDF), Version 7.0 or higher.

(c) No single electronic document exceed five megabytes in file size.

(d) The CD include an index of file contents, referenced to the items on the permit application and given a distinct, identifiable name.

(2) E-mails must not exceed 10 megabytes. E-mailed documents will not be considered as formal submittals for engineering evaluation and assessment purposes.

History

• Rulemaking Authority 120.60, 161.053(20), 161.085(5) FS. Law Implemented 161.053(2), (4), 161.085(9) FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.070 Public Comment and Noticing Requirements and Procedures

(1) Within fourteen days of the Department receiving an application for a reconstructed dune permit, the applicant shall publish a notice requesting public comment in a newspaper of general circulation in the area affected by the proposed reconstructed dune. The public comment request shall include the file number, the name of the applicant, the address where the proposed project is located, a description of the project, and a statement directing comments to the Florida Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400. A copy of an example notice can be obtained by contacting the Bureau at the above address.

(2) Within fourteen days of the Department taking action to issue or deny the permit, the applicant shall publish a notice of the agency’s action in a newspaper of general circulation in the area affected by the proposed reconstructed dune. The public notice shall include the permit number, the name of the applicant, the address where the proposed project is located, and shall include rights under section 120.57, F.S.

(3) Proof of all publications must be provided to the Bureau in the form of a “tear sheet” (not a photocopy), i.e., the entire page must be torn from the newspaper showing the masthead of the newspaper along with the notice.

(4) Failure to publish any notice of application, or agency action required by the Department shall be an independent basis for the denial of the permit or other pertinent approval or authorization. The applicant shall submit proof of notice of agency action to the Department prior to issuance of the Notice to Proceed with construction authorized under the permit.

(5) Following issuance of the approved permit, the applicant shall record the permit and all conditions in the public record of the county where the permitted activity is located. The permit shall cross reference the recorded property deed, using business or person’s name, the year that it was recorded, document number, and the official record book, page and parcel number.

(6) The applicant shall submit proof of recording of the permit and permit conditions to the Department prior to issuance of the Notice to Proceed with construction authorized under the permit.

History

• Rulemaking Authority 161.053(20), 161.0535, 161.085(5) FS. Law Implemented 120.60, 161.0535 FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.080 Survey Requirements

(1) The certified survey of the subject property, which is required by paragraph 62B-56.050(3)(i), F.A.C., shall include the following information:

(a) The property owner’s name.

(b) All vertical data specified on the survey shall be referenced to NAVD 88 (U.S. survey foot). A note clearly identifying the control monument, the setting agency, stamping, and NAVD 88 elevation shall be provided on the survey or in the surveyor’s report.

(c) The location of the property in relation to bordering roads and streets.

(d) The location of the two nearest Department Range Monuments (DNR R-Monument). Refer to the Department’s Bureau of Beaches and Coastal Systems web page to view maps that provide the Range Monuments at: http://www.dep.state.fl.us/beaches/data/coastmon.htm.

(e) Property boundaries and right-of-ways.

(f) Legal description of the property.

(g) All horizontal coordinates, bearings, and distances referenced to the control provided upon the most recently recorded Map of Record for the Coastal Construction Control Line (CCCL) in the county where the subject property is located. Data should include a minimum of one benchmark as a source of horizontal measurement or any published second order or higher horizontal control point.

(h) The recording date, book, and page of the Map of Record of the CCCL as recorded in the county public records where the subject property resides.

(i) The horizontal location of the CCCL for the full width of the subject property, including the location and full stamping of the two nearest Department or published second order or higher horizontal control points.

(j) The horizontal location of the erosion control line, if one exists.

(k) The horizontal locations of the contour lines corresponding to elevation 0.00, the approximate contour of the mean high water line, and the contour of the seasonal high water line.

(l) The horizontal location of the seaward line of vegetation and outlines of existing native beach-dune vegetation. Each contiguous stand shall be circumscribed at the outermost edge of the vegetation or the drip line of a tree canopy and shall be identified as being one of the following categories:

1. Beach-dune (grasses and groundcovers).

2. Coastal strand (saw palmetto and salt pruned shrubs).

3. Hammock (overhead forest canopy).

4. Wetland (mangrove, marsh, or swamp).

5. Exotics (greater than fifty percent Australian pine, Brazilian pepper, Australian scaevola, or other invasive nuisance species).

(m) When the topographic contours of the subject property are uniform in nature in the shore-normal direction throughout the project area show; a minimum of three transects; one transect per lot line; and one transect per 100 feet of shore-normal direction, with data points at 25-foot intervals and at one-foot or greater changes in elevation on each transect. In project areas that are irregular or not uniform in nature or where abnormal topographic entities exist in a beach-dune system, provide sufficient transect data points and elevations to establish a two-foot contour interval throughout the beach-dune system.

(n) Dimensions and locations of the foundation outlines of any existing structures on the subject property and the bearings and distances perpendicular from the CCCL to the seaward corners of the foundations of any major structures and public infrastructure or the seaward limit of the crest or cap at the extremities of any coastal or shore protection structure; and,

(o) Dimensions and locations of the foundation outlines of any existing structures on adjacent properties and distances from the CCCL to the seaward corners of the foundations of any existing structures or the seaward limit of any coastal or shore-protection structure.

(2) When conventional route surveying is used to locate the CCCL the following information shall be shown, reported, and become a part of the drawing:

(a) The location traverse showing all adjusted angles, distances, and directions.

(b) At least two CCCL Map of Record control points or any two published second order or higher horizontal control points shall be used in the location traverse. The bearing and distance from the nearest control monuments to the points of intersection on the CCCL; and,

(c) The survey shall provide the Florida State Plane Coordinates referenced to NAD 83/90 (U.S. survey foot) for two consecutive property corners on the subject property and the perpendicular bearings and distances to the most recently recorded CCCL, including the down-line bearing and distance from the nearest point of intersection of the CCCL and the established perpendicular intersection.

(3) When Global Positioning Systems (GPS) are used, the following must be shown, reported, and become a part of the drawing:

(a) A tabular listing of all Geodetic Control Stations occupied and checked into, along with their latitude, longitude, State Plane Coordinate, zone, and specifications of units (U.S. survey foot).

(b) The software brand and version number used for the baseline or real-time processing and or adjustment.

(c) Identification of the Geodetic Control that was held fixed or used as Base Station installation. The Geodetic Control that was checked or allowed to take adjustment. When using real-time kinematic carrier phase processing, at least one additional control monument shall be occupied and a statistical comparison to the published values.

(d) A general statement of accuracy for each newly established coordinate.

(e) A graphic representation of the final fixed position data depicting the three-dimensional vector baseline established between the control station and the newly established stations, including three-dimensional loop closure statistics on the checked monumentation.

(f) A tabular listing of all newly established positions obtained from the final fixed vectors which includes their latitude, longitude, State Plane Coordinate, zone, grid Azimuth (convergence angle), scale factor, and specification of units (U.S. survey foot). Newly established stations shall be identified as such. The number of decimal places displayed shall reflect the level of precision of the work performed; and,

(g) The survey drawings shall include the following notes or equivalent:

1. The procedures and or network design meet the Geodetic Accuracy Standards and Specifications for using GPS Related Positioning as set forth by the Federal Geodetic Control Subcommittee in their most current publication for 3rd order class 1 horizontal control survey or provide the horizontal accuracy for all new positions established as a positional tolerance.

2. The vertical accuracy for all new positions established as a positional tolerance.

3. The survey shall provide the Florida State Plane Coordinates referenced to NAD 83/90 (U.S. survey foot) for two consecutive property corners on the subject property and the perpendicular bearings and distances to the most recently recorded CCCL, including the down line bearing and distance from the nearest point of intersection of the CCCL and the established perpendicular intersection; and,

4. For general location purposes, the survey shall provide a bearing and distance from the State Plane Coordinated property corners to the nearest Department range baseline monitoring location.

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.053(2), (4), 161.085(9) FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.090 Financial Assurances

(1) Prior to issuance of a Notice to Proceed, the responsible entity shall provide the Department with financial assurance, as defined in rule 62B-56.020, F.A.C., in an amount sufficient to cover the cost of dune core removal and restoration of the project site, including topography and native beach-dune vegetation, and a one-time deferred removal cost, as defined in rule 62B-56.020, F.A.C. In the event the responsible entity fails to remove and restore pursuant to rule 62B-56.160, F.A.C., the financial assurance shall be used to conduct such removal and restoration.

(2) Proof of financial assurance shall be submitted on either Form 62B-56.900(10) “Trust Fund Agreement” (effective date 6-22-09); Form 62B-56.900(11), “Payment Bond” (effective date 6-22-09); Form 62B-56.900(12), “Performance Bond” (effective date 6-22-09); Form 62B-56.900(13), “Letter of Credit” (effective date 6-22-09); or, Form 62B-56.900(14) “Standby Trust Agreement” (effective date 6-22-09), as appropriate. These forms are incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches. A standby trust agreement must accompany any surety payment bond or performance bond or letter of credit.

(3) The amount of the financial assurance shall be based on a cost estimate provided by an individual qualified to make such an estimate who is not the applicant or an employee of the applicant, or associated with the sale, installation, or contract for removal, of the geotextile container to be permitted under this chapter. The individual providing the estimate may be a professional engineer or general contractor licensed in the State of Florida or other person who has demonstrated similar qualifications to the Department. The estimate shall include the costs associated with removal of the geotextile container and restoration of the project site, including topography and native beach-dune vegetation, and the cost of a one-time deferred removal, consistent with subsection 62B-56.160(6), F.A.C., and based on the engineering documents submitted with the application. The costs shall be estimated on a per unit basis, with the description of the estimates indicated, and shall be submitted on Form 62B-56.900(2), “Financial Assurance Worksheet” (effective date 6-22-09), as part of the permit application. This form is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

(4) As part of the permit application, the applicant must also submit a written commitment from the financial institution or insurance company providing or acting as Trustee of the financial assurance that such funds or instruments in the amount estimated on Form 62B-56.900(2), “Financial Assurance Worksheet” (effective date 6-22-09), will be made available to the responsible entity prior to the issuance of the Notice to Proceed. This form is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

(5) The responsible entity shall revise and resubmit the cost estimate, Form 62B-56.900(2), “Financial Assurance Worksheet” (effective date 6-22-09), every five years from the date of permit issuance to adjust for inflation or other changes in costs, and shall provide the revised financial assurance to the Department. This form is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

(6) Prior to any transfer of the permit, the new responsible entity (transferee) must provide the Department with proof of financial assurance to cover the cost of dune core removal and restoration of the project site, including topography and native beach-dune vegetation, and the one-time deferred removal cost. The new responsible entity’s (transferee’s) financial assurance may be satisfied by proof of the continuation of the existing financial assurance.

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.053(4), 161.085(9) FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.100 Duration of Permit

(1) Unless revoked or otherwise modified, the duration of the construction and maintenance phases of this permit are as follows:

(a) The construction phase shall be no more than two years after issuance of permit.

(b) The maintenance phase shall be perpetual for the life of the permitted structure.

(2) If a permit expires without construction activity having been completed, all construction activity must cease and the site must be restored, including topography and native beach-dune vegetation. Failure to restore the site shall result in an order by the Department. Failure to comply with the terms of the order will provide grounds for the Department to use the financial assurance.

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 120.60, 161.053(2), (4), 161.085(9) FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.110 Permit Modifications

(1) Requests for major permit modifications, including additions, revisions, or structural modifications of the permitted project or activities, shall be reviewed and processed in the same manner as the initial application.

(2) Minor modifications shall be reviewed and shall meet the requirements of chapter 62B-56, F.A.C., applicable to the modification request; however they shall not be subject to the noticing requirements contained in rule 62B-56.070, F.A.C., and they will not restart the 90 day period as described in subsection 62B-56.050(7), F.A.C.

(3) Modifications shall be charged a fee pursuant to rule 62B-56.130, F.A.C., and subject to rule 62B-56.090, F.A.C.

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 120.60, 161.053(4), 161.085(9) FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.120 Permit Transfers

(1) Permits issued to the applicant are not valid for any other person unless transferred.

(2) At least 30 days prior to any transfer of ownership or control of the land on which the reconstructed dune is located or where any permitted activity is located, the responsible entity shall submit an executed Form 62B-56.900(5), entitled “Permit Transfer Agreement” (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches. This form must contain original signatures of both the current and the proposed responsible entity. The submittal must include the permit transfer fee specified in rule 62B-56.130, F.A.C.

(3) The proposed responsible entity must meet the definition of a responsible entity, as provided in rules 62B-56.020 and 62B-56.050, F.A.C.

(4) The Department shall approve a request for transfer of a permit after it determines that the proposed responsible entity meets the requirements of chapter 62B-56, F.A.C., and if applicable, the terms and conditions of the existing permit, including the financial assurances required under rule 62B-56.090, F.A.C. If the Department proposes to deny the transfer, it shall provide both the current and proposed responsible entities a written notice of denial of such transfer, which will include the reasons for the denial.

(5) Until a transfer is approved by the Department, the permitee is the responsible entity and shall be liable for compliance with the terms and conditions of the permit, and shall be liable for any corrective actions required because of any violations of the permit prior to the approval of the transfer by the Department.

(6) Once the request to transfer the permit has been approved by the Department, the new responsible entity shall be liable for compliance with all the terms and conditions of the permit.

(7) A copy of the transfer notification shall be displayed on the construction site along with the permit where construction has not been completed. An expired construction permit shall not be transferred.

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 120.60, 161.053(2), (4), 161.085(9) FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.130 Construction and Maintenance Permit Fees

(1) Each application for a new permit, major modification, or transfer to be considered by the Department pursuant to Section 161.085(9), F.S., and this chapter, shall be accompanied by a processing fee. Monies from fees assessed pursuant to this chapter shall be deposited into the Florida Permit Fee Trust Fund.

(2) The appropriate fee is to be submitted to the Department at the time of application. No permit application shall be considered complete until the required fee has been received by the Department. The fee schedule is as follows:

(a) Reconstructed dune: $5,000.00 each for structures up to 100 feet in length, plus $500.00 for each additional 50 feet of length or portion thereof. For fee payment purposes, the length of the structure shall include returns. Note that $1,500.00 of the $5,000.00 is included for maintenance which will be refunded if the application is denied.

(b) Major Modifications of Approved Permits: The fee for a major modification to a permit, which does not affect the length of a reconstructed dune feature, is $500.00.

(c) Major modifications to a permit, which affect the length of a reconstructed dune, are $500.00 for each additional 50 feet of length or portion thereof.

(d) Minor Modifications of Approved Permits: The fee for a minor modification to a permit is $250.00.

(e) Permit Transfer Fee: $500.00.

History

• Rulemaking Authority 161.053(20), 161.0535, 161.085(5) FS. Law Implemented 161.0535 FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.140 Conversion to Maintenance Phase

(1) Upon completion of construction of a reconstructed dune authorized under this chapter, the permit must be converted from the construction phase to the maintenance phase.

(2) Completion of construction shall be certified as follows:

(a) Within 30 days after completion of construction in conformance with an individual permit issued under this chapter, the responsible entity shall submit two copies of a signed and sealed as-built survey of the reconstructed dune. The information depicted on the drawing shall be from a field survey conducted not more than fourteen days following completion of construction. The survey shall comply with the requirements given in rule 62B-56.080, F.A.C.; and,

(b) Within 30 days after completion of construction, the responsible entity shall submit a completed Form 62B-56.900(6), entitled “Final Construction Certification of Reconstructed Dune” (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/ beaches.

(3) Within 30 days after completion of construction, the responsible entity shall also submit Form 62B-56.900(7), entitled “Conversion of Permit for a Reconstructed Dune from Construction Phase to Maintenance Phase” (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches. Such submittal shall include confirmation of financial assurances, and plans for annual maintenance and monitoring. Upon receipt and review of the information, the Department shall determine compliance with the terms and conditions of the permit and this chapter and notify the responsible entity whether the conversion to the maintenance phase will become effective.

(4) The maintenance phase of an individual permit shall not become effective if the Department determines that the activity authorized by the permit is not in substantial compliance with all the plans, specifications, terms, and conditions of the permit. In such case, the responsible entity shall be responsible for any necessary modifications, alterations, maintenance or repairs to bring the system into such compliance.

(5) Once the maintenance phase of the project has been initiated, the responsible entity shall provide an annual inspection report to the Department on Form 62B-56.900(8), entitled “Maintenance Inspection Report” (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches. This report shall be filed with the Department within 30 days after the inspection. The inspection shall be conducted as specified in the permit and include the following:

(a) The depth of sand cover over the geotextile core of the reconstructed dune shall be surveyed no earlier than 30 days before the start of the marine turtle nesting season and in consideration of other protected species. The sand depth shall be measured at 50-foot intervals along the seaward edge of the reconstructed dune and at 10-foot intervals along each profile line at 50-foot intervals from the seaward edge of the reconstructed dune to its landward limit, unless the responsible entity can otherwise demonstrate to the Department that sand coverage over the dune exceeds three feet. If there is less than three feet of sand cover over the core structure, the responsible entity shall place beach compatible sand over the core structure to reestablish the three feet of sand cover prior to the start of the marine turtle nesting season. The sand placement shall be in accordance with the terms and conditions of the approved permit; and,

(b) A vegetation survey including the species, coverage and condition of native beach-dune vegetation and the degree and extent of disturbance of the vegetation. The responsible entity shall replant damaged or lost vegetation in accordance with the terms and conditions of the permit.

(6) If the responsible entity demonstrates that the core of the reconstructed dune does not require continued maintenance in order to maintain a minimum of three feet of continuous sand coverage, and established beach-dune vegetation, then the Department shall eliminate the annual inspection requirement.

(7) If a coastal storm, an act of vandalism, or other event, damages or uncovers the geotextile container, the responsible entity shall submit a report within 14 days of the occurrence. The report shall identify all corrective actions that are needed to bring the system back into compliance, including a proposed construction schedule. No corrective actions shall be taken by the responsible entity until the Department provides them with written authorization to proceed with the required maintenance.

(8) The reporting activities described above shall be filed with the Department using Form 62B-56.900(8), entitled “Maintenance Inspection Report” (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.085(9) FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.150 General Conditions for Reconstructed Dune Permit

(1) The following general permit conditions shall apply, unless superseded by the Department or modified by the permit as a special permit condition:

(a) The responsible entity shall perform all construction activities in accordance with the plans and specifications that were approved by the Department. Any deviations without written approval from the Department shall be grounds for suspension of the work or revocation of the permit pursuant to section 120.60(5), F.S., and rule 62B-56.160, F.A.C., and shall result in assessment of administrative fines, as described in rule 62B-54.002, F.A.C., or issuance of an order to alter or remove the unauthorized work, or both. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized without prior written approval from the Department. A copy of the Notice to Proceed shall be conspicuously displayed at the project site. Approved plans shall be available for inspection by a Department representative.

(b) The responsible entity shall use extreme care during construction to prevent any adverse impacts to the beach-dune system, native coastal vegetation, nesting state or federally threatened or endangered species, and nesting marine turtles and their hatchlings, or adjacent property and structures.

(c) The responsible entity shall allow any duly identified and authorized member of the Department to access the project site to document compliance with the terms of the permit and with the rules of the Department.

(d) The responsible entity shall hold and save the State of Florida, the Department, and its officers and employees harmless from any damages, no matter how occasioned and no matter what the amount, to persons or property that might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damages.

(e) Construction activity authorized by this permit shall not begin until:

1. The time provided in the public notice for the public to exercise any rights, given under chapter 120, F.S., has expired, or if a hearing is requested, final disposition of the hearing request has been made.

2. A Notice to Proceed placard has been issued by the Department. The issuance of the placard acknowledges that the permit holder has met the permit conditions and rule requirements applicable prior to the pre-construction conference described below. Prior to issuance of a notice to proceed with construction, the permit holder must submit, where applicable, and the Department must accept the following documents: proof of publication of the public notice pursuant to subsection 62B-56.070(3), F.A.C.; proof of the recording of the permit and the permit conditions with the clerk of the county court pursuant to subsection 62B-56.070(6), F.A.C.; executed financial assurance forms pursuant to rule 62B-56.090, F.A.C.; incidental take permit(s), as defined in rule 62B-56.020, F.A.C.; and other permits, licenses, agreements or approvals specified in the special permit conditions.

3. A preconstruction conference has been held on site with the contractor, the responsible entity, or agent and a field representative of the Department to establish a mutual understanding of the items specified in the special and general conditions of the permit. The locations of all proposed structures and construction limits shall be staked out prior to the conference; and,

4. Measures have been taken that provide maximum protection to the coastal system, native coastal vegetation, nesting state or federally threatened or endangered species, and nesting marine turtles and their hatchlings, public access, and adjacent properties, including installation of temporary construction fencing, and designation of access and vehicle/equipment storage areas, as required.

(f) All imported sand shall meet the definition of beach quality sand in rule 62B-56.020, F.A.C., and be obtained from a source landward of the Coastal Construction Control Line (CCCL). Prior to the sand placement authorized by this permit, the permittee shall provide the Department's field representative with three benchmark samples of sand used in completing Form 62B-56.900(3), entitled “Sand Quality Assurance/Quality Control Plan” (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches. One sample shall be retained by the Department’s field representative, one by the permittee and one will remain on site, for permit compliance.

(g) Sand excavated seaward of the CCCL shall remain on site seaward of the CCCL and be placed in the immediate area of construction unless otherwise specifically authorized by the Department. Beach scraping is prohibited.

(h) All construction debris shall be removed and disposed at a location landward of the CCCL.

(i) Extreme care is to be exercised to ensure minimal disturbance of existing vegetation during construction. Protection of existing native vegetation, planting of reconstructed dunes and revegetation during maintenance of a reconstructed dune or following the removal of a dune core shall meet the following requirements:

1. Prior to construction, a Department representative shall determine, using best horticultural practices, the feasibility of transplanting disturbed native vegetation to suitable bare areas seaward of the CCCL. All transplanted vegetation shall be maintained, irrigated and/or fertilized to ensure a seventy-five percent survival rate for a minimum of one growing season.

2. Disturbed vegetated areas, seaward of the CCCL are to be stabilized by planting a minimum of eighty percent of the area with native salt-tolerant, sand-stabilizing perennial grasses indigenous to the native plant communities existing on or near the site. Plantings shall include a mix of a minimum of three plant species indigenous to the project shoreline, including; perennial grasses such as sea oats (Uniola paniculata); beach panicum (Panicum amarum); marsh hay cordgrass (Spartina patens); or other sand stabilizing native species approved by the Department and grown from stock indigenous to the region in which the project is located.

3. Soil stabilizing native grasses are to be spaced throughout the project area in staggered rows a maximum distance of 18 inches on center for four inch wide root balls or smaller plugs, or up to 36 inches on center for one-gallon size planting units. Grass planting units are to be planted a minimum of six inches deep with slow-release pelletized fertilizer in the planting holes. All planting units shall be fertilized and watered-in at the time of installation and thereafter irrigated and fertilized as necessary to meet the following survival criteria. Within 180 days, a minimum eighty percent overall survival rate of the planting units must be established, eighty percent of the planted area covered with the grass species and no shore parallel gaps present. Plants shall be considered to be healthy and surviving if they show clearly vigorous rhizomes and white, turgid roots. Survival rates shall be determined by observing a minimum of 24 healthy out of 30 randomly selected, planting units. All deficient areas shall be replanted and the plantings maintained until the above success criterion are met.

4. Irrigation systems are to be designed, installed and maintained to avoid interference with nesting species. Irrigation pipes shall be buried and maintained a minimum of three inches below the surface. Irrigation shall be directed away from nesting species. Irrigation systems and other structures placed during plant installation shall be removed after the plantings are established.

5. The reconstructed dunes are to be protected from foot traffic or other encroachments. Signs, rope and bollard barriers, or sand fencing shall be constructed and maintained as necessary to prevent trampling of vegetation, erosion of the dune feature, and to protect nesting state and federal endangered and threatened species. Such signs, ropes, barriers, and sand fencing shall not interfere with established public access.

(j) If not specifically authorized elsewhere in the permit, no construction activities including the installation of construction fences, and no operation, transportation, or storage of equipment or materials are authorized within or seaward of nesting species habitats during the nesting seasons of state and federally threatened or endangered species.

(k) If not specifically authorized in the permit, no temporary lighting of the construction area is authorized at any time during the marine turtle nesting season.

(l) The responsible entity shall immediately inform the Bureau of any change of mailing address of the responsible entity and any authorized agent.

(m) The responsible entity shall submit to the Bureau monthly periodic progress reports beginning at the start of construction and continuing until all construction and restoration work has been completed. Reports shall be certified by a professional engineer licensed in the State of Florida. The engineer shall certify that as of the date of each report all construction has been performed in compliance with the plans and project description approved as a part of the permit and with all conditions of the permit, or shall specify any deviation from the plans, project description, or conditions of the permit. The report shall include photographic documentation of site conditions and state the percent of completion of the project and each major individual component. The reports shall be provided to the Bureau using Form 62B-56.900(9) entitled “Periodic Progress Report” (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

(n) Within 30 days of construction completion, the responsible entity shall submit two copies of a signed and sealed as-built survey and a completed Form 62B-56.900(6), entitled “Final Construction Certification of Reconstructed Dune” (effective date 6-22-09), both prepared pursuant to rule 62B-56.140, F.A.C., of this chapter. This form is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

(o) Continuous sand coverage of at least three feet of sand shall be maintained over the dune core and stabilized with native beach-dune vegetation unless otherwise specified by state or federal habitat protection requirements.

(p) Following conversion to the maintenance phase, the responsible entity shall submit to the Bureau annual reports, as required by the permit or by chapter 62B-56, F.A.C. The completed reports shall be provided to the Bureau using Form 62B-56.900(8), entitled “Maintenance Inspection Report” (effective date 6-22-09), which is incorporated by reference. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

(q) Authorization for construction is based on an engineering review and assessment of the design and anticipated performance and impact of the structure as a complete unit. Construction of anything less than the complete structure, as approved by the Department, is not authorized and may result in the issuance of an order to remove the partially constructed structure. Modifications to the project size, location, or structural design will be processed by the Department in accordance with rule 62B-56.110, F.A.C., and shall require payment of the major modification fee.

(2) This permit does not authorize excavation, construction, or other physical activity on or encroaching on the sovereignty land of Florida. Authorization may be obtained from the Board of Trustees of the Internal Improvement Trust Fund.

(3) The responsible entity shall inform the Bureau of any impending change in its legal status pursuant to subsection 62B-56.050(4), F.A.C., and within 30 days prior to the effect of the change, present documentation of how its legal responsibilities for the permit will be maintained.

(4) The requirements set forth in this chapter, and the permit shall apply, unless a more stringent requirement is contained in any associated Incidental Take Permit.

(5) Any permit issued under this rule does not exempt any party from complying with the applicable requirements of federal, state, county, or municipal law.

(6) This permit does not authorize trespass onto other property.

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.053(2), (4), 161.085(9) FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.160 Revocations, Suspensions and Removal

(1) Subject to the provisions of subsection (3), below, and in accordance with sections 161.085, and 120.60, F.S., the Department shall order the revocation of the permit and removal of the structure and restoration of the project site in accordance with subsection (6), below, upon its determination that one or more of the following permit conditions have been violated:

(a) Financial assurances are invalid or inadequate as submitted, updated, or provided by the new responsible entity (transferee) under rule 62B-56.090 F.A.C.

(b) Responsible entity has failed to maintain continuous cover of at least three feet of sand over the dune core stabilized with native beach-dune vegetation.

(c) Project has suffered irreparable damage or fails to perform as the core of a frontal dune feature.

(d) Project has caused a significant adverse impact to the beach-dune system, or

(e) The Incidental Take Permit has been revoked.

(2) Subject to the provisions of subsection (3), below, the Department shall order the suspension of the permit upon its determination that the responsible entity failed to meet any of the requirements under rule 62B-56.030, F.A.C. Upon receipt of an order of suspension, the responsible entity shall immediately cease all construction activities unless otherwise directed by the Department.

(3) The following factors shall be considered in determining whether to suspend or revoke a permit or other authorization:

(a) The severity of the conduct;

(b) The danger to the public created or caused by the conduct; and,

(c) Attempts by the responsible entity to correct or prevent violations, or the refusal or failure of the responsible entity to take reasonable measures to correct or prevent violations.

(4) Responsible entities whose permits have been suspended shall have up to 60 days to submit a written plan to correct the deficiencies that resulted in the suspension. The Department shall review the deficiency plan within 60 days of receipt and advise the responsible entity of whether it is acceptable and take action as follows:

(a) If the Department determines that the plan for corrective action is adequate, the Department will withdraw the suspension and direct the responsible entity to proceed with the construction, or

(b) If the Department determines that the plan for corrective action is inadequate, the Department shall revoke the permit.

(5) Before revoking or suspending a permit, the Department shall give written notice to the responsible entity. The notice shall specify the provision of the law, or rule or permit condition alleged to be violated, and the facts alleged to constitute a violation thereof. Within 21 days of receipt of notification, the responsible entity may petition for an administrative hearing under sections 120.569 and 120.57, F.S.

(6) Following the Department’s final order upholding revocation, the responsible entity shall remove the structure. All removals, mandated or voluntary, shall be conducted pursuant to the following:

(a) The responsible entity shall remove all debris and structural material, including fabric from geotextile containers, from the site and deposit offsite, as determined by the Department. To the extent possible, removal of failed structures will take place outside the nesting season for nesting state or federally threatened or endangered species, and nesting marine turtles, unless it is determined by the Department to be less harmful to the species to remove the structures and debris during nesting season.

(b) The responsible entity shall restore beach-dune contours to a condition appropriate to the beach-dune system.

(c) The responsible entity shall revegetate the area disturbed by removal of the dune core structure by reestablishing native beach-dune vegetation indigenous to the area consistent with other siting and design criteria of rule 62B-56.030, F.A.C.; and,

(d) The responsible entity shall notify the Department within 14 days of the completion of removal, restoration and revegetation activities.

(7) Permits that have been revoked shall be returned to the Department within 30 days after the official notification.

History

• Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 120.60, 161.053(6), 161.085(9) FS. History–New 6-22-09.

Fla. Admin. Code R. 62B-56.900 Forms

The forms used by the Department in the Coastal Construction Control Line program are adopted and incorporated by reference in this chapter. Each form is listed by rule number, which is also the form number, and with the subject, title, and effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

(1) Form 62B-56.900(1), Permit Application for Construction and Maintenance of a Reconstructed Dune (effective date 6-22-09).

(2) Form 62B-56.900(2), Financial Assurance Worksheet (effective date 6-22-09).

(3) Form 62B-56.900(3), Sand Quality Assurance/Quality Control (QA/QC) Plan (effective date 6-22-09).

(4) Form 62B-56.900(4), Biological Assessment (effective date 6-22-09).

(5) Form 62B-56.900(5), Permit Transfer Agreement (effective date 6-22-09).

(6) Form 62B-56.900(6), Final Construction Certification of Reconstructed Dune (effective date 6-22-09).

(7) Form 62B-56.900(7), Conversion of Permit for a Reconstructed Dune from Construction Phase to Maintenance Phase (effective date 6-22-09).

(8) Form 62B-56.900(8), Maintenance Inspection Report (effective date 6-22-09).

(9) Form 62B-56.900(9), Periodic Progress Report (effective date 6-22-09).

(10) Form 62B-56.900(10), Trust Fund Agreement (effective date 6-22-09).

(11) Form 62B-56.900(11), Payment Bond (effective date 6-22-09).

(12) Form 62B-56.900(12), Performance Bond (effective date 6-22-09).

(13) Form 62B-56.900(13), Letter of Credit (effective date 6-22-09).

(14) Form 62B-56.900(14), Standby Trust Agreement (effective date 6-22-09).

History

• Rulemaking Authority 120.60, 161.053(20), 161.085(5) FS. Law Implemented 161.085 FS. History–New 6-22-09.

Division 62 Departmental

Chapter 62-1 FORMS

Fla. Admin. Code R. 62-1.003 Forms and Instructions Used by the Department of Environmental Protection

History

• Rulemaking Authority 20.25 FS. Law Implemented 120.53 FS. History–New 3-8-82, Formerly 16-7.01, 16-7.02, 16-7.002, Repealed 2-16-12.

Chapter 62-4 PERMITS

Fla. Admin. Code R. 62-4.001 Scope of Part I

This part sets forth procedures on how to obtain a permit from the State of Florida Department of Environmental Protection. This part also provides requirements and procedures for the issuance, denial, renewal, extension, transfer, modification, suspension, and revocation of any permit required by the Department of Environmental Protection. Except as otherwise provided in Chapter 62-330, F.A.C., or in the rules adopted by reference thereunder, this part shall not apply to activities regulated under Part IV of Chapter 373, F.S. However, this part shall continue to apply to those activities grandfathered under Sections 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), (16), and 373.4145(6), F.S. This part shall not preclude the application of any other permit requirements or procedures for certain types of facilities as contained in other chapters of Title 62, F.A.C.

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.109, 373.113, 373.4131, 373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.088 FS. Law Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 373.421, 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.01, Amended 8-31-88, Formerly 17-4.001, Amended 7-4-95, 10-1-07, 10-1-13.

Fla. Admin. Code R. 62-4.020 Definitions

When used in this chapter, unless the context clearly indicates otherwise, the following words shall mean:

(1) “Annual Average Flow” is the long-term harmonic mean flow of the receiving water, or an equivalent flow based on generally accepted scientific procedures in waters for which such a mean cannot be calculated. For waters for which flow records have been kept for at least the last three years, “long-term” shall mean the period of record. For all other waters, “long-term” shall mean three years (unless the Department finds the data from that period not representative of present flow conditions, based on evidence of land use or other changes affecting the flow) or the period of records sufficient to show a variation of flow of at least three orders of magnitude, whichever period is less. For nontidal portions of rivers and streams, the harmonic mean (Qhm) shall be calculated as:

Qhm

=

n

---

1

1

1

1

1

...

1

Q1

Q2

Q3

Q4

Q5

Qn

in which each Q is an individual flow record and n is the total number of records. In lakes and reservoirs, the annual average flow shall be based on the hydraulic residence time, which shall be calculated according to generally accepted scientific procedures, using the harmonic mean flows for the inflow sources. In tidal estuaries and coastal systems or tidal portions of rivers and streams, the annual average flow shall be determined using methods described in EPA publication no. 600/6-85/002b pages 142-227, incorporated by reference in paragraph 62-4.246(9)(k), F.A.C., or by other generally accepted scientific procedures, using the harmonic mean flow for any freshwater inflow. If there are insufficient data to determine the harmonic mean then the harmonic mean shall be estimated by methods as set forth in the EPA publication Technical Support Document for Water Quality-Based Toxics Control (March 1991), incorporated by reference in paragraph 62-4.246(9)(d), F.A.C., or other generally accepted scientific procedures. In situations with seasonably variable effluent discharge rates, hold-and-release treatment systems, and effluent-dominated sites, annual average flow shall mean modeling techniques that calculate long-term average daily concentrations from long-term individual daily flows and concentrations in accordance with generally accepted scientific procedures.

(2) “Approved Analytical Method” shall mean any of the analytical methods approved under Chapter 62-160, F.A.C.

(3) “Commission” is the State of Florida Environmental Regulation Commission.

(4) “Construction permit” is the legal authorization granted by the Department to construct, expand, modify, or make alterations to any installation and to temporarily operate and test such new or modified installations.

(5) “Department” is the State of Florida Department of Environmental Regulation or its delegatee as provided in the Operating Agreements Concerning Management and Storage of Surface Water Regulation and Wetland Resource Regulation adopted by reference in Rule 62-101.040, F.A.C.

(6) “Environmental restoration and enhancement” means activities, other than those proposed as mitigation for a permit required under Part IV of Chapter 373, F.S., conducted by government, research, education or charitable entities that are either not-for-profit or non-profit, that have the sole objective of restoring or enhancing water resources, including water quality and the functions wetlands and other surface waters provide to fish and wildlife, through measures such as: restoring hydrology and water circulation; re-establishing native vegetation; or otherwise restoring more desirable natural conditions that existed prior to human-induced disturbances.

(7) “Installation” is any structure, equipment, facility, or appurtenances thereto, operation or activity which is or may be a source of pollution as defined in Chapter 403, F.S. Installation includes dredging and filling as these terms are defined in Section 403.911, F.S.

(8) “Method Detection Limit (MDL)” is the smallest concentration of an analyte of interest that can be measured and reported with 99% confidence that the concentration will be greater than zero. The MDLs are determined from the analysis of a given matrix containing the analyte at a specified level. Determination of MDLs shall follow procedures determined in Appendix B to part 136 of 40 CFR, 1990, incorporated here by reference, or equivalent procedures complying with Chapter 62-160, F.A.C.

(9) “Operation permit” is the legal authorization granted by the Department to operate or maintain any installation for a specified period of time.

(10) “Permit condition” is a statement or stipulation which is issued with a permit and which must be complied with.

(11) “Permit” is the legal authorization to engage in or conduct any construction, operation, modification, or expansion of any installation, structure, equipment, facility, or appurtenances thereto, operation, or activity which will reasonably be expected to be a source of pollution.

(12) “Practical Quantification Limit (PQL)” is the lowest level that can be reliably achieved during routine laboratory operating conditions within specified limits of precision and accuracy, as reflected in the Department’s list of PQLs under subsection 62-4.246(4), F.A.C., or an alternative level established through equivalent procedures complying with Chapter 62-160, F.A.C.

(13) “Secretary” is the Secretary of the Department.

(14) “Temporary operation permit” is the legal authorization limited to a specified time granted by the Department to operate, maintain, construct, modify, expand, or make alterations to any installation in accordance with Section 403.088, F.S.

(15) “Equivalent Clean Closure” is available for interim status land disposal units that certified clean closure under 40 CFR Part 265 standards prior to March 19, 1987. These facilities must make an equivalency demonstration to meet 40 CFR Part 264 closure standards or the facility must obtain a closure permit containing post closure requirements.

History

• Rulemaking Authority 373.026, 373.043, 373.414, 373.418, 403.061, 403.805 FS. Law Implemented 373.109, 373.413, 373.414, 373.4145, 403.021, 403.031, 403.061, 403.087, 403.088, 403.802, 403.817 FS. History–New 3-4-72, Revised 5-17-72, Amended 6-10-75; Joint Administrative Procedures Committee Objection Filed – See FAR Vol. 1, No. 28, 1-12-76; Joint Administrative Procedures Committee Objection Withdrawn – See FAR Vol. 3, No. 30, 7-29-77, Amended 3-11-81, 10-16-84, 12-10-84, Formerly 17-4.02, Amended 3-18-86, 8-31-88, 6-4-92, 11-16-92, 7-11-93, Formerly 17-4.020, Amended 4-3-03.

Fla. Admin. Code R. 62-4.021 Transferability of Definitions

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 3-1-79, Amended 8-31-88, Formerly 17-4.021, Repealed 12-7-15.

Fla. Admin. Code R. 62-4.030 General Prohibition

Any stationary installation which will reasonably be expected to be a source of pollution shall not be operated, maintained, constructed, expanded, or modified without the appropriate and valid permits issued by the Department, unless the source is exempted by Department rule. The Department may issue a permit only after it receives reasonable assurance that the installation will not cause pollution in violation of any of the provisions of Chapter 403, F.S., or the rules promulgated thereunder. A permitted installation may only be operated, maintained, constructed, expanded or modified in a manner that is consistent with the terms of the permit.

History

• Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 3-4-70, Revised 5-17-72, Formerly 17-4.03, Amended 8-31-88, Formerly 17-4.030.

Fla. Admin. Code R. 62-4.040 Exemptions

(1) The following installations are exempted from the permit requirements of this chapter. The following exemptions do not relieve any installation from any other requirements of Chapter 403, F.S., or rules of the Department. Other installations may be exempted under other chapters of Title 62.

(a) Structural changes which will not change the quality, nature or quantity of air and water contaminant emissions or discharges or which will not cause pollution.

(b) Any existing or proposed installation which the Department shall determine does not or will not cause the issuance of air or water contaminants in sufficient quantity, with respect to its character, quality or content, and the circumstances surrounding its location, use and operation, as to contribute significantly to the pollution problems within the State, so that the regulation thereof is not reasonably justified. Such a determination is agency action and is subject to Chapter 120, F.S. Such determination shall be made in writing and filed by the Department as a public record. Such determination may be revoked if the installation is substantially modified or the basis for the exemption is determined to be materially incorrect.

(2) These exemptions do not apply to the discharge to waters of the state from any article, machine, equipment, contrivance or their exhaust system, which contains water-borne radioactive material in concentrations above the natural radioactive background concentration in the receiving water.

History

• Rulemaking Authority 403.061, 403.805 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088, 403.802, 403.805, 403.813 FS. History–New 3-4-72, Formerly 17-4.03(2), Amended 5-17-72, 8-7-73, 6-10-75; Joint Administrative Procedures Committee Objection filed – See FAR Vol. 1, No. 28, 7-18-75, Amended 10-26-75, 7-8-76; Joint Administrative Procedures Objection withdrawn – See FAR Vol. 3, No. 30, 7-29-77, Amended 7-13-78, 3-1-79, 3-11-81, 7-8-82, 3-31-83, 3-15-84, 12-10-84; Joint Administrative Procedures Committee Objection filed – See FAR Vol. 11, No. 11, 3-15-85, Amended 5-8-85; Amendments effective 6-24-85 – See Chapter 85-334, Laws of Florida; Joint Administrative Procedures Committee Objection withdrawn – See FAR Vol. 11, No. 51, 12-20-85, Formerly 17-4.04, Amended 3-17-86, 8-31-88, Formerly 17-4.040.

Fla. Admin. Code R. 62-4.050 Procedures to Obtain Permits and Other Authorizations; Applications

(1) Any person desiring to obtain a permit from the Department shall apply on forms prescribed by the Department and shall submit such additional information as the Department by law may require.

(2) All applications and supporting documents shall be filed with the Department.

(3) To ensure protection of public health, safety, and welfare, any construction, modification, or operation of an installation which may be a source of pollution, or of a public drinking water supply, shall be in accordance with sound professional engineering practices pursuant to Chapter 471, F.S.; and all final geological papers or documents involving the practice of the profession of geology shall be in accordance with sound professional geological practices pursuant to Chapter 492, F.S. All applications for a Department permit shall be certified by a professional engineer registered in the State of Florida except, when the application is for renewal of an air pollution operation permit at a non-Title V source as defined in Rule 62-210.200, F.A.C., or where professional engineering is not required by Chapter 471, F.S. Where required by Chapter 471 or 492, F.S., applicable portions of permit applications and supporting documents which are submitted to the Department for public record shall be signed and sealed by the professional(s) who prepared or approved them.

(4) Processing fees are as follows:

(a) Air Pollution Permits.

1. Construction Permit Fee for an Emissions Unit Requiring Prevention of Significant Deterioration or Nonattainment Area Preconstruction Review. The processing fee for a construction permit for an emissions unit requiring a Prevention of Significant Deterioration (PSD) or Nonattainment Area (NAA) preconstruction review pursuant to Rule 62-212.400 or 62-212.500, F.A.C., respectively, shall be $7,500.00.

2. Construction Permit Fee for an Emissions Unit Not Requiring Prevention of Significant Deterioration or Nonattainment Area Preconstruction Review. No processing fee shall be required for a construction permit for an emissions unit not requiring Prevention of Significant Deterioration (PSD) or Nonattainment Area (NAA) preconstruction review, if the facility containing the emissions unit holds an air operation permit issued pursuant to Chapter 62-213, F.A.C. For any such emissions unit at a facility not holding a Chapter 62-213, F.A.C., air operation permit, the processing fee shall be as follows:

a. Construction permit for an emissions unit having potential emissions of 100 or more tons per year of any single pollutant.

$5,000.00

b. Construction permit for an emissions unit having potential emissions of 50 or more tons per year, but less than 100 tons per year, of any single pollutant.

$4,500.00

c. Construction permit for an emissions unit having potential emissions of 25 or more tons per year, but less than 50 tons per year, of any single pollutant.

$2,000.00

d. Construction permit for an emissions unit having potential emissions of 5 or more tons per year, but less than 25 tons per year, of any single pollutant.

$1,000.00

e. Construction permit for an emissions unit having potential emissions of less than 5 tons per year of each pollutant.

$250.00

3. Operation Permit Fee for an Emissions Unit at a Non-Title V Source.

a. Operation permit for an emissions unit required to measure actual emissions by stack sampling.

$1,500.00

b. Operation permit for an emissions unit required to measure actual emissions by any method other than stack sampling (such as visible emissions observation or continuous emissions monitoring).

$1,000.00

c. Operation permit for an emissions unit not required to measure actual emissions.

$750.00

4. Similar Emissions Unit Fee. Where new or existing multiple emissions units located at the same facility are substantially similar in nature, the applicant may submit a single application and any required permit fee for construction or operation of the emissions units at the facility. To be considered substantially similar each of the emissions units must be substantially similar in regard to each of the following: nominal description or type of emissions unit; type of fuel burned; type of material processed, stored, or handled; type of air pollution control equipment; regulated pollutants emitted; applicable emissions standards; and applicable regulatory control criteria. For a construction permit, the single application fee shall be the fee that would apply for a single emissions unit with emissions that equal the total of the potential emissions of all of the substantially similar emissions units at the facility. The fee for an operation permit for a group of similar emissions units at the same facility, submitted under the same application and with the same emissions testing or monitoring requirements, shall be the fee that would apply to any emissions unit in the group if each emissions unit were being permitted singly.

5. Multiple Emissions Unit Fee. If the Department issues a single construction or operation permit covering multiple emissions units or groups of similar emissions units at a facility, the permit processing fee shall be the sum of the fees applicable to each emissions unit and group of similar emissions units covered by the permit.

(b) Domestic Wastewater Facility Permits.

1. Preliminary Design Report reviews for Types I, II, and III domestic wastewater facilities as defined in Rule 62-600.200, F.A.C. For new domestic wastewater facilities, the fee for review of a preliminary design report shall be in addition to the application processing fee.

Type II

Type III

a. Treatment plant with or without reuse/disposal system.

$5,000.00

$3,750.00

$1,200.00

b. Reuse/land application system and associated transmission/distribution facilities, when applied for separately from the treatment facility.

$5,000.00

$3,750.00

$1,200.00

c. Residuals/septage management facility.

$7,500.00

$4,000.00

$1,200.00

d. Limited wet weather discharge.

$1,000.00

$800.00

$600.00

2. Wastewater permits for Types I, II, and III domestic wastewater facilities as defined in Rule 62-600.200, F.A.C.

Type I

Type II

Type III

a. Treatment plant with or without reuse/disposal system.

$5,000.00

$3,000.00

$1,000.00

b. Reuse/land application system and associated transmission/distribution facilities, when applied for separately from the treatment facility.

$5,000.00

$3,000.00

$1,000.00

c. Residuals/septage management facility.

$7,500.00

$4,000.00

$1,000.00

d. Limited wet weather discharge.

$1,000.00

$800.00

$600.00

e. Wastewater permits for Type III facilities having a permitted capacity of less than 10,000 gallons per day shall be $600.

3. Wastewater Permit for a surface water discharge, when applied for separately from the treatment facility.

a. Type I facility.

$2,000.00

b. Type II facility.

$1000.00

c. Type III facility.

$500.00

4. Minor revisions, as defined in Rule 62-620.200, F.A.C., to wastewater permits for domestic wastewater facilities other than minor modifications of permits listed in paragraph 62-4.050(4)(s), F.A.C.

a. Type I facility.

$500.00

b. Type II facility.

$300.00

c. Type III facility.

$100.00

5. Substantial revisions, as defined in Rule 62-620.200, F.A.C., to wastewater permits for domestic wastewater facilities shall require a new wastewater permit application and applicable fee. The applicable application fee shall be:

a. For substantial revisions resulting from substantial modifications to the facility which require an antidegradation determination as specified in Rule 62-4.242, F.A.C., or which increase the permitted capacity of the treatment, reuse, or disposal system, the preliminary design report fee specified in subparagraph (4)(b)1.

b. For substantial revisions resulting from substantial modifications to the facility, but which do not require an antidegradation determination as specified in Rule 62-4.242, F.A.C., and which do not increase the permitted capacity of the treatment, reuse, or disposal system, 50 percent of the preliminary design report fee specified in subparagraph (4)(b)1.

c. For substantial revisions not associated with substantial modifications to the facility, 20 percent of the applicable application fee specified in subparagraph (4)(b)2.

6. Generic Permit for domestic wastewater treatment facilities.

a. Treatment facility with permitted capacity of 10,000 gallons per day up to 100,000 gallons per day shall be:

$1,000.00

b. Treatment facility with permitted capacity less than 10,000 gallons per day shall be:

$600.00

7. Construction Permit for domestic wastewater collection/transmission system.

a. Domestic wastewater collection/transmission system serving 10 or more.

$500.00

Equivalent Dwelling Units (EDUs). An EDU is equal to 3.5 persons.

b. Domestic wastewater collection/transmission system serving less than 10 EDUs.

$300.00

(c) Industrial Wastewater Facility Permits.

1. Wastewater permits for Group 1 industrial wastewater treatment facilities which discharge process wastewater, as defined in Rule 62-620.200, F.A.C., from the following industry categories: Citrus Processing; Textiles; Organic Chemicals, Plastics, and Synthetic Fibers; Inorganic Chemicals; Soaps and Detergents; Fertilizer Manufacturing; Petroleum Refining; Iron and Steel Manufacturing; Nonferrous Metals; Phosphate Manufacturing; Steam Electric Power Generating; Asbestos Manufacturing; Pulp, Paper, and Paper Board; Builders Paper and Board Mills; Coal Mining; Phosphate Mining and Beneficiation; Ore Mining and Dressing; Paint Formulating; Ink Formulating; Gum and Wood Chemicals Manufacturing; Pesticides Chemicals Manufacturing; Explosives Manufacturing; Battery Manufacturing; Mechanized Scallop Processing; Distilled, Rectified, and Blended Liquors; Sugar Cane Processing.

a. Surface water discharges.

$7,500.00

b. Non-surface water discharges only.

$6,000.00

2. Wastewater permits for Group 2 industrial wastewater treatment facilities which discharge process wastewater, as defined in Rule 62-620.200, F.A.C., from the following industry categories: Cement Manufacturing; Leather Tanning and Finishing; Glass Manufacturing; Rubber Processing; Carbon Black Manufacturing; Metal Molding and Casting; Coil Coating; Porcelain Enameling; Aluminum Forming; Copper Forming; Electrical and Electronic Components; Nonferrous Metals Forming and Metal Powders.

a. Surface water discharges.

$5,000.00

b. Non-surface water discharges only.

$4,000.00

3. Wastewater permits for Group 3 industrial wastewater treatment facilities which discharge process wastewater, as defined in Rule 62-620.200, F.A.C., from the following industry categories: Bulk Oil Terminals, Drawdown and Loading Rack Discharges; Dairy Products; Canned and Preserved Fruits and Vegetables; Canned and Preserved Seafood; Concrete Batch Plants; Timber Products; Mineral Mining and Processing; Peat Mining; Plastic Molding and Forming; Aquaculture Facilities.

a. Surface water discharges.

$2,500.00

b. Non-surface water discharges only.

$2,000.00

4. Wastewater permits for Group 4 industrial wastewater treatment facilities which discharge industrial wastewater from the following: Animal Feeding Operations, Feedlots, Egg Production Facilities.

a. Feedlots with greater than the number of animals listed in subsection 62-670.200(3), or Rule 62-620.435, F.A.C.

$2,500.00

b. Feedlots, Other

$1,500.00

c. Egg Production Facility, Major.

$2,500.00

d. Egg Production Facility, Other.

$1,500.00

5. Wastewater permits for Group 5 industrial wastewater treatment facilities which discharge concentrate and regenerant from Reverse Osmosis, Membrane Softening, Ultrafiltration, Ion Exchange Units, and similar processes at Drinking Water Treatment Facilities.

$6,000.00

a. Design daily discharge flow of greater than 500,000 gpd.

b. Design daily discharge flow of greater than 100,000 gpd up to 500,000 gpd.

$4,000.00

c. Design daily discharge flow of greater than 10,000 gpd up to 100,000 gpd.

$2,000.00

d. Design daily discharge flow of 10,000 gpd or less.

$750.00

6. Wastewater permits for Group 6 industrial wastewater treatment facilities which discharge once-through non-contact cooling water.

a. Greater than 100 million BTU/hour heat loss.

$6,000.00

b. Greater than 20 million BTU/hour, up to 100 million BTU/hour.

$3,000.00

c. Greater than 1 million BTU/hour, up to 20 million BTU/hour heat loss.

$1,500.00

d. 1 million BTU/hour, or less, heat loss.

$500.00

7. Wastewater permits for industrial wastewater treatment facilities in industry categories not specified in Groups 1 through 3 which discharge process wastewater to surface waters, or industrial wastewater treatment facilities which discharge non-process wastewater, as defined in Rule 62-620.200, F.A.C., but excluding once-through non-contact cooling water, to surface waters.

a. Design daily flow of greater than 500,000 gpd.

$5,000.00

b. Design daily flow of greater than 100,000 gpd up to 500,000 gpd.

$3,000.00

c. Design daily flow of greater than 50,000 gpd up to 100,000 gpd.

$2,000.00

d. Design daily flow of 50,000 gpd or less.

$1,000.00

8. Wastewater permits for industrial wastewater treatment facilities in industry categories not specified in Groups 1 through 3 which discharge process wastewater to other than surface waters, or industrial wastewater treatment facilities which discharge non-process wastewater, as defined in Rule 62-620.200, F.A.C., but excluding once-through non-contact cooling water, to other than surface waters.

a. Design daily flow of greater than 500,000 gpd.

$4,000.00

b. Design daily flow of greater than 100,000 gpd up to 500,000 gpd.

$2,500.00

c. Design daily flow of greater than 50,000 gpd up to 100,000 gpd.

$1,500.00

d. Design daily flow of 50,000 gpd or less.

$750.00

9. Wastewater permits for industrial wastewater treatment facilities which recycle the wastewater and have no discharge to surface or ground waters, and are not otherwise exempt from permitting.

a. Facilities recycling greater than 10,000 gpd.

$500.00

b. Facilities recycling 10,000 gpd or less.

$100.00

10. Minor revisions, as defined in subsection 62-620.200(24), F.A.C., to wastewater permits for industrial wastewater facilities other than minor modifications of permits listed in paragraph 62-4.050(4)(q), F.A.C.

a. Facilities which have no discharge to surface or ground waters.

$100.00

b. All others.

$250.00

11. Substantial revisions, as defined in subsection 62-620.200(45), F.A.C., to wastewater permits for existing industrial wastewater facilities shall require a new wastewater permit application and applicable fee. The applicable fee shall be:

a. For substantial revisions resulting from substantial modifications to the facility which require an antidegradation determination as specified in Rule 62-4.242, F.A.C., or which increase the permitted capacity of the treatment or disposal system, the full applicable application fee.

b. For substantial revisions resulting from substantial modifications to the facility, but which do not require an antidegradation determination as specified in Rule 62-4.242, F.A.C., and which do not increase the permitted capacity of the treatment or disposal system, 50 percent of the applicable application fee.

c. For substantial revisions not associated with substantial modifications to the facility, 20 percent of the applicable application fee or $250.00, whichever is greater.

12. The fee for review of engineering reports for new industrial facilities shall be in the same amount as the applicable application processing fee for the facility and shall be in addition to the application processing fee.

13. Industrial wastewater general and generic permits.

a. General and generic permits requiring Professional Engineer or Professional Geologist certification.

$500.00

b. General and generic permits not requiring Professional Engineer or Professional Geologist certification.

$100.00

14. Collection systems for industrial wastewater treatment facilities.

$500.00

15. A permitted facility which falls in more than one of the fee categories in subparagraphs (4)(c)1. through 8., shall not be subject to multiple fees, but shall pay the larger of the fees.

(d) Stormwater facilities or activities regulated under Section 403.0885, F.S.

1. Generic Permit for Stormwater Discharge from Large and Small Construction Activities.

a. Activities disturbing 5 or more acres (large).

$400.00

b. Activities disturbing 1 acre of land or greater and less than 5 acres (small).

$250.00

2. Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity.

$500.00

3. No Exposure Certification for Exclusion from NPDES Stormwater Permitting.

$200.00

4. Stormwater discharge associated with industrial activity permitted under Chapter 62-620, F.A.C.

$1,000.00

5. Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems (MS4s):

a. Phase II MS4s in jurisdiction with a population of 50,000 or greater as determined by the 2000 Decennial Census by the U.S. Bureau of Census.

$11,700.00

b. Phase II MS4s in a jurisdiction with a population of greater than 10,000 but less than 50,000 as determined by the 2000 Decennial Census by the U.S. Bureau of Census.

$7,988.00

c. Phase II MS4s in a jurisdiction with a population of 10,000 or less as determined by the 2,000 Decennial Census by the U.S. Bureau of Census; Florida Department of Transportation facilities.

$5,625.00

(e) Wetland Resource Management (Dredge and Fill) Permits. This paragraph pertains to projects that have been grandfathered according to Sections 373.414(11) (1994 Supp.), (12)(a) (1994 Supp.), (13), (14), (15) or (16), F.S., and projects, or portions thereof, located in the Northwest Florida Water Management District.

1. Dredge and fill construction projects up to and including 5 years:

a. Standard form projects including dredge and fill activities that affect 10 or more acres of jurisdictional area pursuant to subsection 62-312.070(2), F.A.C.

$4,000.00

b. Standard form construction projects that involve the construction of new docking facilities pursuant to Rule 62-312.070, F.A.C., that provide:

(I) 50 or more new boat slips.

$4,000.00

(II) 25 to 49 new boat slips.

$4,000.00

(III) 10 to 24 new boat slips.

$2,480.00

(IV) 3 to 9 new boat slips.

$830.00

(V) 0 to 2 new boat slips.

$500.00

c. Short form construction projects involving dredging or filling of 9.99 acres or less of jurisdictional area, pursuant to subsection 62-312.070(2), F.A.C.

$830.00

d. Short form construction projects involving the construction of new docking or boardwalk facilities, pursuant to Rule 62-312.070, F.A.C., that provide:

(I) 0 to 2 new boat slips.

$500.00

(II) 3 to 9 new boat slips.

$830.00

(III) The addition of 3 to 20 docking slips to existing functional docking facilities where the total facility will not exceed 50 slips and the existing and proposed slips are not associated with commercial facilities or facilities which provide supplies or services required for boating activities.

$760.00

e. Short form and standard form projects solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S.

$250.00

2. Dredge and fill construction permits in excess of 5 years:

a. Short form permits from 6 years up to and including 10 years.

$4,950.00

b. Standard form permits for 6 years.

$10,650.00

c. Standard form permits for 7 years.

$12,430.00

d. Standard form permits for 8 years.

$14,200.00

e. Standard form permits for 9 years.

$15,980.00

f. Standard form permits for 10 years.

$17,750.00

g. Standard form permits for 11 years.

$19,530.00

h. Standard form permits for 12 years.

$21,300.00

i. Standard form permits for 13 years.

$23,080.00

j. Standard form permits for 14 years.

$24,850.00

k. Standard form permits for 15 years.

$25,000.00

l. Standard form permits for 16 years.

$25,000.00

m. Standard form permits for 17 years.

$25,000.00

n. Standard form permits for 18 years.

$25,000.00

o. Standard form permits for 19 years.

$25,000.00

p. Standard form permits for 20 years.

$25,000.00

q. Standard form permits for 21 years.

$25,000.00

r. Standard form permits for 22 years.

$25,000.00

s. Standard form permits for 23 years.

$25,000.00

t. Standard form permits for 24 years.

$25,000.00

u. Standard form permits for 25 years.

$25,000.00

v. 6 to 10-year permits for beach restoration projects approved pursuant to Chapter 161, F.S., and to maintenance dredge navigation channels, port harbors, turning basins and harbor berths located within deepwater ports, pursuant to Section 403.816, F.S.

$5,000.00

w. Permits for phosphate and attapulgite mines with a duration of greater than 25 years pursuant to the provisions of Section 373.414(15), F.S.

$25,000.00

x. Modifications involving permits issued pursuant to Section 403.816, F.S., or Chapter 62-45, F.A.C.

$1,000.00

y. 6 to 25-year permits pursuant to Chapter 62-45, F.A.C., and all permits under Section 403.816, F.S.

$5,000.00

z. Short form and standard form projects solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S.

$250.00

3. Mitigation Banks:

a. Mitigation Bank Permit, other than Conceptual Approval Permit.

$6,050.00

b. Credit Release (credit available for sale).

$330.00

c. Credit Withdrawal (actual use of credit).

$0.00

d. Mitigation Bank Conceptual Approval Permit.

$6,050.00

e. Major modifications involving changes to one or more of the following components: service area; credit assessment; success or release criteria; hydrologic structures or alterations; construction or mitigation design that does not increase the project area; elimination of lands; or monitoring or management plans:

(I) Affecting one of the above components.

$1,340.00

(II) Affecting two of the above components.

$2,680.00

(III) Affecting three of the above components.

$4,020.00

4. Modifications:

a. Major modifications of Standard Form and Short Form Permits, as determined by Rule 62-312.100, F.A.C., and mitigation banks under Chapter 62-342, F.A.C., that increase the project area or involve four or more of the components listed in sub-subparagraph 62-4.050(4)(e)3.e., F.A.C., other than for Class I solid waste disposal facilities or as otherwise specified above

Same fee as for a new application for the activity

b. Minor modifications of Standard Form and Short Form Permits, including mitigation banks, where the modification will not require substantial technical evaluation by the Department, will not lead to substantially different environmental impacts or will lessen the impacts of the original permit, and as further determined by Rule 62-312.100, F.A.C., other than for Class I solid waste disposal facilities or as otherwise specified above:

(I) To correct minor errors or typographical mistakes and that do not involve technical review.

$0.00

(II) To incorporate changes requested by the Department or required through permits issued by other regulatory agencies, and to change due dates for reporting or performance deadlines when such changes in the due date do not involve any new work, any new work locations, or any new activities, and will not alter, replace, or otherwise eliminate the requirements for otherwise performing the work required by the permit.

$0.00

(III) That consist of transfers of permits or time extensions.

$80.00

(IV) That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is less than $300, except for modifications to permits issued pursuant to Section 403.816, F.S.

$250.00

(V) That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is more than or equal to $300, except for permits issued pursuant to Section 403.816, F.S.

$420.00

(VI) For minor modifications for Class I solid waste disposal facilities.

$2,110.00

5. For the purposes of determining the fee for wetlands resource management permits, the term of duration for the permit shall be reduced by the period of time (in yearly increments) during which no dredging or filling activity occurs or no reclamation, restoration, or mitigation occurs and only minor monitoring and maintenance activities are required. The fee for the full term shall be submitted with the application. After the Department determines the period of time that the term of the permit can be reduced, the excess fee shall be returned.

6. For permit applications which involve a combination of the project fee categories listed above, the highest fee that applies to the appropriate standard form or short form project, pursuant to Rule 62-312.070, F.A.C., shall be charged.

7. Variances from permitting standards, permit conditions, or water quality standards associated with a wetland resource or mangrove alteration permit application:

a. Under Section 403.812, F.S.

(I) From the prohibition of subsection 62-312.080(7), F.A.C.

$170.00

(II) Other variances.

$830.00

b. Under Section 120.542, F.S.

$0.00

8. Verification of qualification to use a general permit, except:

$250.00

a. Paving of existing municipally owned roads under Rule 62-312.824, F.A.C.

$0.00

b. Environmental enhancement and restoration activities conducted by the U.S. Army Corps of Engineers under Rule 62-312.825, F.A.C.

$0.00

9. Verification that an activity is exempt from regulation under Section 403.813, F.S., or Part IV of Chapter 373, F.S.

$100.00

(f) Mangrove Alteration and Trimming.

1. Alteration of less than 20 mangroves under Section 403.9328, F.S.

$420.00

2. Alteration of 20 or more mangroves under Section 403.9328, F.S.

$830.00

3. General Permit under Section 403.9327, F.S.

$250.00

4. Verification of an exemption for trimming or alteration.

$0.00

5. Minor modification, other than transfer & time extensions.

$250.00

6. Transfer of ownership or permit.

$90.00

7. Time extension.

$90.00

8. Variance under Section 403.9333, F.S.

$170.00

(g) Stormwater Permits under Chapter 62-25, F.A.C.

1. Notice to use stormwater general permit per paragraphs 62-25.801(1)(a) through (d), F.A.C.

$420.00

2. Conversion of construction permit to operation.

$100.00

(h) Environmental Resource Permits. Processing fees required by the Department and the Northwest Florida Water Management District (NWFWMD) for activities regulated under Chapter 62-330, F.A.C., are listed below. For purposes of determining the applicable processing fee, the terms “activity,” “project,” “project area,” and “works” are as defined in Section 2.0 of the Applicant’s Handbook Volume I incorporated by reference in paragraph 62-330.010(4)(a), F.A.C.

1. Activities qualifying for an Agency’s electronic self-certification:

a. Self-certification in accordance with the general permit under Section 403.814(12), F.S.

$0.00

b. Self-certification for activities other than those under Section 403.814(12), F.S.

$0.00

2. Determination of qualification for an activity exemption:

a. Under Rules 62-330.050 and 62-330.051, F.A.C.

$100.00

b. Under Rule 62-330.0511, F.A.C.

$0

3. Determination of qualification to use a general permit.

$250.00

4. Individual or conceptual approval permit, excluding permits for a mitigation bank:

a. New application – the processing fee for a new permit application shall be as determined from the categories below:

(I) Total project area of less than 10 acres and less than 1 acre of works in, on, or over wetlands and other surface waters, and less than 10 new boat slips.

$420.00

(II) Project exceeds any of the thresholds in 4.a.(I), above, but involves a total project area of less than 40 acres, less than 3 acres of works in, on, or over wetlands and other surface waters, and less than 30 new boat slips.

$1,500.00

(III) Project exceeds any of the thresholds in 4.a.(II), above, but involves a total project area of less than 100 acres, less than 10 acres of works in, on, or over wetlands and other surface waters, and less than 50 new boat slips.

$5,000.00

(IV) Project exceeds any of the thresholds in 4.a.(III), above, but involves a total project area of less than 640 acres, and less than 50 acres of works in, on, or over wetlands and other surface waters.

$9,000.00

(V) Project exceeds any of the thresholds in 4.a.(IV), above.

$14,000.00

(VI) Project exclusively for agricultural or silvicultural purposes; the fee for projects that are solely for agricultural or silvicultural purposes shall be the same as that required by the Water Management District in which the majority of the project area is located, in accordance with Rule 40A-44.201, F.A.C, (7-1-98) incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-02680), and Rules 40B-1.706, 40C-1.603, 40D-1.607, or 40E-1.607, F.A.C., as applicable, as incorporated by reference in Rule 62-330.071, F.A.C.

The fee shall be the same as that required by the Water Management District in which the majority of the project area is located.

(VII) Individual or conceptual approval permit solely for environmental restoration or enhancement, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S. For purposes of this provision, the term “environmental restoration or enhancement” means an action or actions designed and implemented solely to convert degraded or altered uplands, wetlands, or other surface waters to intact communities typical of those historically present, or to improve the quality and condition of currently degraded wetlands or other surface waters to a more healthy, functional, and sustaining condition for fish, wildlife, and listed species.

$250.00

(VIII) Individual or conceptual approval permit solely to retrofit an existing stormwater management system or to add treatment to and reduce stormwater pollutant loadings from an existing stormwater management system.

$250.00

(IX) Individual permit to construct, alter, maintain or operate a project that is consistent with a valid conceptual approval permit.

50% of the fee otherwise required for an individual permit under sub-sub-subparagraphs 4.a.(I) through (VIII), above, but not below the minimum required processing fee of $250.00.

b. Major modification exceeding any of the thresholds in subsection 62-330.315(3), F.A.C.

Same fee as for new permit for the same activity under sub-sub-subparagraphs 4.a.(I) through (IX), above.

5. Individual or conceptual approval permit for a mitigation bank:

a. New application.

$6,050.00

b. Major modification exceeding any of the thresholds in subsection 62-330.315(3), F.A.C.:

(I) Major modification affecting one of the following: the service area, credit assessment, success or release criteria, hydrologic structures or alterations, elimination of lands, monitoring or management plans, or construction or mitigation design that does not increase the project area.

$1,340.00

(II) Affecting two of the components in sub-sub-subparagraph 5.b.(I), above.

$2,680.00

(III) Affecting three of the components in sub-sub-subparagraph 5.b.(I), above.

$4,020.00

(IV) All other major modifications.

$6,050.00

c. Mitigation bank credit release.

$330.00

d. Mitigation bank credit withdrawal.

$0.00

6. Minor modification of an individual or conceptual approval permit, including a permit for a mitigation bank, that does not exceed any of the thresholds in subsection 62-330.315(3), F.A.C.:

a. Extension of permit duration, where not exempt from payment of fees under Florida Statutes.

$80.00

b. To correct minor errors that do not involve technical review.

$0.00

c. To transfer ownership of a permit or to transfer the permit to an operation and maintenance entity.

$0.00

d. All other minor modifications.

$250.00

7. Variance or waiver:

a. Under Section 120.542, F.S.

$0.00

b. Under Section 373.414(17), F.S.

$170.00

8. Fee reductions:

a. Applications for an individual or conceptual approval permit or modification thereof submitted using the Agency’s electronic application system where the processing fee in subparagraph (h)4. or 5., above, exceeds $250.00.

Fee shall be reduced by $100.00, but not below the minimum required processing fee of $250.00.

b. Applications for any activity by an entity qualifying under Section 218.075, F.S. when the fee under paragraph (h), exceeds $100.00.

$100.00

c. Applications for any activity when submitted by the U.S. Department of Defense.

$0.00

(i) Determinations of the Landward Extent of Wetlands and Other Surface Waters:

1. Informal determination ‒ fees shall be based on the acreage of the entire property for which the request applies, as follows:

a. Total area to be included in the determination is up to 1 acre.

$100.00

b. Additional fee per acre (or portion thereof) beyond the first acre; total fee not to exceed $500.00.

$50.00

2. Petitions for formal determination ‒ fees shall be based on the acreage of the entire property for which the petition is filed, as follows:

a. Total area to be included in the determination is less than 10 acres.

$780.00

b. Total area to be included in the determination is at least 10, but less than 40 acres.

$1,060.00

c. Total area to be included in the determination is at least 40, but no more than 100 acres.

$2,110.00

d. Additional fee per 100 acres (or portion thereof) beyond the first 100 acres.

$290.00

3. Reissuance of a formal determination, in accordance with section 7.2.4 of Applicant’s Handbook Volume I.

$350.00

(j) Solid Waste Permits.

1. Construction permit for a Class I facility.

$10,000.00

2. Construction permit for a Class II facility.

$10,000.00

3. Construction permit for a Class III facility.

$6,000.00

4. Construction permit for a waste-to-energy facility not covered by the Electric Power Plant Siting Act.

$10,000.00

5. Construction permit for other resource recovery facilities.

$2,000.00

6. Construction permit for an incinerator.

$3,000.00

7. Construction permit for a yard trash composting facility.

$2,000.00

8. Construction permit for a manure composting facility.

$2,000.00

9. Construction permit for a solid waste composting facility.

$5,000.00

10. Construction/operation permit for a waste tire processing facility.

$1,250.00

11. Construction permit for all other solid waste facilities.

$1,000.00

12. Construction permit for an off-site Biohazardous Waste Treatment

$2,000.00

Facility other than a biohazardous waste incinerator.

13. Construction permit and/or an operation permit for a facility which has multiple solid waste management components which normally would require individual solid waste permits. A single application may be submitted and the permit fee will be the sum of each individual permit; however, the total permit fees for the facility shall not exceed $25,000, exclusive of modifications and renewals.

14. Operation permit for a Class I facility.

$10,000.00

15. Operation permit for a Class II facility.

$10,000.00

16. Operation permit for a Class III facility.

$4,000.00

17. Operation permit for a waste-to-energy facility not covered by the Electric Power Plant Siting Act.

$10,000.00

18. Operation permit for other resource recovery facilities.

$1,000.00

19. Operation permit for an incinerator.

$1,000.00

20. Operation permit for a yard trash composting facility.

$1,000.00

21. Operation permit for a manure composting facility.

$1,000.00

22. Operation permit for a solid waste composting facility.

$3,000.00

23. Operation permit for an offsite Biohazardous Waste Treatment Facility other than a biohazardous waste incinerator.

$1,000.00

24. Operation permit for all other solid waste facilities.

$500.00

25. Request for an Alternate Procedure.

a. Landfill

$2,000.00

b. Other

$500.00

26. Research, Development and Demonstration permits (one year permit).

$1,000.00

27. Closure permit for a Class I facility.

$7,500.00

28. Closure permit for a Class II facility.

$7,500.00

29. Closure permit for a Class III facility.

$4,000.00

30. Closure permit for all other solid waste facilities.

$1,000.00

31. Renewal of Closure permit for landfills which address only long term care.

$1,000.00

32. Construction or Operation permits for Materials Recovery Facility.

$2,000.00

33. Ground Water Monitoring Plan Approvals for solid waste landfills with no other Department permit.

$500.00

(k) Petroleum Cleanup General Permits.

1. Soil thermal treatment – mobile.

$500.00

2. Soil thermal treatment – stationary.

$500.00

(l) Hazardous Waste Permits.

1. Construction of container and/or tank hazardous waste storage facilities.

$15,000.00

2. Construction of container and/or tank hazardous waste storage and treatment facilities.

$20,000.00

3. Construction of landfill, surface impoundment, waste pile, land treatment, and miscellaneous unit facilities.

$25,000.00

4. Construction of hazardous waste storage, treatment and/or disposal facilities with an incinerator, boiler or industrial furnace for treatment of hazardous wastes generated onsite.

$25,000.00

5. Construction of commercial treatment, storage, and/or disposal facility with a commercial incinerator, boiler or industrial furnace managing hazardous wastes generated off-site.

$32,500.00

6. Operation of container and/or tank hazardous waste storage facilities.

$10,000.00

7. Operation of container and/or tank hazardous waste storage and treatment facilities.

$10,000.00

8. Operation of landfill, surface impoundment, waste pile, land treatment, and miscellaneous unit facilities.

$15,000.00

9. Operation of hazardous waste storage, treatment and/or disposal facilities with an incinerator, boiler or industrial furnace for treatment of hazardous wastes generated on-site.

$15,000.00

10. Operation of commercial treatment, storage, and/or disposal facilities with a commercial incinerator, boiler or industrial furnace managing hazardous wastes generated off-site.

$32,500.00

11. Closure of container and/or tank hazardous waste storage facilities.

$10,000.00

12. Closure of container and/or tank hazardous waste storage and treatment facilities.

$10,000.00

13. Closure of landfill, surface impoundment, waste pile, land treatment, previously closed units required to demonstrate equivalent clean closure, and miscellaneous unit facilities.

$20,000.00

14. Closure of hazardous waste storage, treatment and/or disposal facilities with an incinerator, boiler or industrial furnace for treatment of hazardous wastes generated on-site.

$15,000.00

15. Closure of commercial treatment, storage, and/or disposal facilities with a commercial incinerator, boiler or industrial furnace managing hazardous wastes generated off-site.

$32,500.00

16. Hazardous waste research, development and demonstration facilities.

$4,000.00

17. Fees for modifications to hazardous waste permits proposed by the permittee or required by Department rules shall be determined as stated below. All modifications listed below require public notice. Contact the appropriate District Office for guidance on how to determine which fee applies before submitting the required information.

a. Substantial modifications that require significant changes to the existing permit and require an extensive evaluation by the Department. These shall require the same fee as a new application. Examples in this category include alteration of the existing facility, change in the facility plan, ground water monitoring program assessment or remediation/engineering design or other general facility standard. The fee schedule for new permit applications is listed above.

b. Substantial modifications that require a moderate technical evaluation by the Department. Examples in this category include alterations of the existing facility or its operation which will require additional site-specific evaluation.

$10,000.00

c. Moderate modifications that require moderate technical evaluation by the Department. These require a new site inspection, lead to different environmental impacts, or lessen the impacts of the original permit.

$5,000.00

d. Minor modifications, as defined in this subsection, that are not otherwise specified, including common or frequently occurring changes needed to maintain a facility’s capacity to manage wastes safely, minor changes in ground water monitoring plans, or modifications to conform to new requirements.

$1,000.00

18. Department variance from federal regulations under 40 C.F.R. 260.30.

$32,500.00

19. All other hazardous waste facility permits or authorizations for which a specific fee is not specified.

$32,500.00

(m) Underground Injection Control Permits.

1. Construction permit for each Class I test/injection well.

$12,500.00

2. Construction permit for each Class I exploratory well.

$5,000.00

3. Construction permit for each monitoring well associated with a Class I injection facility when not permitted under a Class I exploratory well or Class I test/injection well permit.

$1,000.00 per well not to exceed $10,000.00 for the facility.

4. Permit to convert each well from a Class I to a Class V well.

$10,000.00

5. Operation permit for each Class I well.

$10,000.00

6. Permit to convert a Class I injection well or exploratory well to a monitoring well when not proposed under a construction permit.

$500.00

7. Abandonment permit for each Class I well.

$100.00

8. Construction permit for each Class III well.

$1,000.00

9. Operation permit for each Class III well.

$1,000.00

10. Abandonment permit for each Class III well.

$100.00

11. Construction permit for each Class V well.

$750.00

12. Operation permit for each Class V well.

$750.00

13. Abandonment permit for each Class V well.

$25.00

14. General permit for each Class V well.

a. General permits requiring Professional Engineer or Professional Geologist certification.

$250.00

b. General permits not requiring Professional Engineer or Professional Geologist certification.

$25.00

15. Major modifications are modifications to an injection facility requiring substantial technical evaluation by the Department, and which will not lead to substantially different environmental impacts (unless those impacts will lessen the impacts of the original permit).

a. Major modification to a Class I injection facility.

$1,000.00

b. Major modification to a Class III injection facility.

$500.00

c. Major modification to a Class V injection facility.

$250.00

16. Minor modifications are modifications to an injection facility that do not require a substantial technical evaluation by the Department, will not result in increased capacity of the injection system, do not require a new site inspection by the Department, and will not lead to substantially different environmental impacts or will lessen the impacts of the original permit.

a. Minor modification to a Class I or Class III injection facility.

$250.00

b. Minor modification to a Class V injection facility.

$100.00

17. Rerating of the permitted capacity of a Class I injection well to the maximum injection velocity allowed under paragraph 62-28.230(1)(e), F.A.C.

$250.00

(n) Drinking Water (Public Water Supply) Permits.

1. Construction permit for each Category I through III treatment plant, as defined in Rule 62-699.310, F.A.C.

a. Treatment plant – 5 MGD and above.

$12,500.00

b. Treatment plant – 1 MGD up to 5 MGD.

$10,000.00

c. Treatment plant – 0.25 MGD up to 1 MGD.

$7,000.00

d. Treatment plant – 0.1 MGD up to 0.25 MGD.

$4,000.00

e. Treatment plant – up to 0.1 MGD.

$2,000.00

2. Construction permit for each Category IV treatment plant, as defined in Rule 62-699.310, F.A.C.

a. Treatment plant – 5 MGD and above.

$12,500.00

b. Treatment plant – 1 MGD up to 5 MGD.

$10,000.00

c. Treatment plant – 0.25 MGD up to 1 MGD.

$7,000.00

d. Treatment plant – 0.1 MGD up to 0.25 MGD.

$4,000.00

e. Treatment plant – .01 MGD up to 0.1 MGD.

$2,000.00

f. Treatment plant – up to 0.01 MGD.

$800.00

3. Construction permit for each Category V treatment plant, as defined in Rule 62-699.310, F.A.C.

a. Treatment plant – 5 MGD and above.

$10,000.00

b. Treatment plant – 1 MGD up to 5 MGD.

$6,000.00

c. Treatment plant – 0.25 MGD up to 1 MGD.

$2,000.00

d. Treatment plant – up to 0.25 MGD.

$1,000.00

e. Treatment plant – up to 0.1 MGD.

$600.00

4. Distribution and transmission systems, including raw water lines into the plant, except those under general permit.

a. Serving a community public water system.

$900.00

b. Serving a non-transient non-community public water system.

$700.00

c. Serving a non-community public water system.

$500.00

5. Construction permit for each public water supply well.

a. Well located in a delineated area pursuant to Chapter 62-524, F.A.C.

$1,000.00

b. Any other public water supply well.

$500.00

6. Major modifications to systems that alter the existing treatment without expanding the capacity of the system and are not considered substantial changes pursuant to subsection 62-4.050(7), F.A.C., below.

a. 1 MGD and above.

$4,000.00

b. 0.1 MGD up to 1 MGD.

$2,000.00

c. 0.01 MGD up to 0.1 MGD.

$1,000.00

d. Up to 0.01 MGD.

$500.00

7. Minor modifications to systems that result in no change in the treatment or capacity.

a. 0.1 MGD and above.

$1,000.00

b. Up to 0.1 MGD.

$500.00

8. General Permit fee for any General Permit not specifically in subparagraphs 1. through 7. above:

a. General permits requiring Professional Engineer or Professional Geologist certification.

$650.00

b. General permits not requiring Professional Engineer or Professional Geologist certificaiton.

$500.00

(o) Temporary operation permits shall be 20 percent over the fee for the operation permit for the activity to be permitted.

(p) General Permit fee for any General Permit not specifically listed in paragraphs (a) through (l).

1. General permits requiring Professional Engineer or Professional Geologist certification.

$250.00

2. General permits not requiring Professional Engineer or Professional Geologist certification.

$100.00

(q) Unless otherwise specified in this rule, the fee for applications for relief mechanisms shall be as follows:

1. Site specific alternative criteria for each application.

$15,000.00

2. Variance or exemption for each water quality criteria.

$6,000.00

3. Variance or exemption for public water system from maximum contaminant level/treatment techniques.

$1,000.00

4. Variance from other permitting standards or conditions.

$2,000.00

5. Aquifer exemption – major.

$15,000.00

6. Aquifer exemption – minor.

$7,500.00

(r) Permits to construct or operate any other type of facility or stationary installation not specifically listed in paragraphs (a) through (n).

$100.00

(s) Minor modifications of permits that do not require substantial technical evaluation by the Department, do not require a new site inspection by the Department, and will not lead to substantially different environmental impacts or will lessen the impacts of the original permit:

1. To correct minor errors or typographical mistakes and that do not involve technical review.

$0.00

2. To incorporate changes requested by the Department or required through permits issued by other regulatory agencies, and to change due dates for reporting or performance deadlines when such changes in the due date do not involve any new work, any new work locations, or any new activities, and will not alter, replace, or otherwise eliminate the requirements for otherwise performing the work required by the permit.

$0.00

3. That consist of transfers of permits or time extensions.

$50.00

4. That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is less than $300, except for modifications to permits issued pursuant to Section 403.816, F.S.

$50.00

5. That consist of minor technical changes which involve new work, new work locations, new activities, or any other change which alters, replaces, or otherwise eliminates the work authorized by the permit when the original permit fee of the issued permit is more than or equal to $300, except for Domestic Wastewater Facility Permits, Industrial Wastewater Facility Permits, Drinking Water (Public Water Supply) Permits, Underground Injection Control Permits and permits issued pursuant to Section 403.816, F.S.

$250.00

(t) For purposes of requiring a permit application and fee for the following facility types, each non-contiguous project shall be considered a stationary installation and shall require a separate application and fee.

1. Domestic wastewater collection system.

2. Drinking water distribution system.

(u) All fees shall be deposited in the Florida Permit Fee Trust Fund created pursuant to Section 403.087(5), F.S.

(v) If the department requires by rule or permit condition that any specific permit be renewed more frequently than once every five years, the permit fee shall be prorated based upon the permit fee schedule in effect at the time of permit renewal. Upon issuance of such a permit, a prorated refund of the fee shall be returned to the applicant. This provision does not apply to permits issued for less than five years which could be extended to five years without the filing of an application for renewal. However, applications for permits to continue operation of a facility where an existing permit has or is about to expire in accordance with Section 403.087(1), F.S., shall be accompanied by the appropriate processing fee.

(w) This fee schedule does not apply to applications for certification pursuant to Sections 288.501-.518, F.S., Florida Industrial Siting Act; Sections 341.321-.386, F.S., the High Speed Rail Transportation Commission, except that fees may be assessed for the permitting of Ancillary Facilities under the Act for which a master plan approval was granted under the Act; to Sections 403.501-.519, F.S., Florida Electrical Power Plant Siting Act; or to sections 403.52-.539, F.S., the Transmission Line Siting Act.

(x) This fee schedule will supersede all other references to fees in Department rules or forms, where in conflict except as noted in paragraph 62-4.050(4)(n), F.A.C.

(y) In the jurisdiction of an approved local program which in accordance with an interagency agreement assists the Department in the processing of permits the fee paid to the Department shall be reduced by the amount specified in the agreement. That amount shall be commensurate with the savings to the Department resulting from the assistance of the local program.

(z) The fees in paragraphs (e) through (i), and (n), shall be increased March 1, 2013, and at subsequent 5-year intervals, to adjust the fees for inflation using the percentage change in the Consumer Price Index for the “CPI-U, U.S. City Average, All Items” established by the Bureau of Labor Statistics (BLS) (www.bls.gov/cpi/), computed as provided in the BLS publication “Handbook of Methods,” Chapter 17 (www.bls.gov/opub/hom/pdf/homch17.pdf). The Department shall use the percentage change in the Consumer Price Index from March 2008 to December 2012 for the 2013 fee calculations and the percentage change in the rates from March to December for subsequent five-year periods. The Department shall round any increased fees to the next highest whole ten dollar increment. In the event of deflation during the 5-year interval, the Department shall consult with the Executive Office of the Governor and the Legislature to determine whether downward fee adjustments are appropriate based on the current budget and appropriation considerations.

(5)(a) To be considered by the Department, each application must be accompanied by the proper processing fee. The fee shall be paid by check, payable to the Department of Environmental Protection. The fee is non-refundable except as provided in Section 120.60, F.S., and in this section.

(b) When an application is received without the required fee, the Department shall acknowledge receipt of the application and shall immediately notify the applicant by certified mail that the required fee was not received and advise the applicant of the correct fee. The Department shall take no further action until the correct fee is received. If a fee was received by the Department which is less than the amount required, the Department shall return the fee along with the written notification.

(c) Upon receipt of the proper application fee, the permit processing time requirements of Sections 120.60(1) and 403.0876, F.S., shall begin.

(d) If the applicant does not submit the required fee within ten days of receipt of written notification, the Department shall either return the unprocessed application or arrange with the applicant for the pick up of the application.

(e) If an applicant submits an application fee in excess of the required fee, the permit processing time requirements of Sections 120.60(1) and 403.0876, F.S., shall begin upon receipt, and the Department shall refund to the applicant the amount received in excess of the required fee.

(6) Any substantial modification to a complete application shall require an additional processing fee determined pursuant to the schedule set forth in Rule 62-4.050, F.A.C., and shall restart the time requirements of Sections 120.60 and 403.0876, F.S. For purposes of this subsection, the term “substantial modification” shall mean a modification which is reasonably expected to lead to substantially different environmental impacts which require a detailed review.

(7) Modifications to existing permits proposed by the permittee which require substantial changes in the existing permit or require substantial evaluation by the Department of potential impacts of the proposed modifications shall require the same fee as a new application for the same time duration except for modification under Chapter 62-45, F.A.C.

(8) The difference between the processing fee for applications for individual permits and the processing fee for general permits shall be refunded only for those applications that qualify for a general permit solely as a result of a change in Department rules while the application is being processed. Processing fees for applications for individual permits shall not be refunded in whole or in part where an applicant modifies a project to qualify for a general permit when the project did not qualify for a general permit when processing commenced.

History

• Rulemaking Authority 373.026, 373.043, 373.109, 373.4131, 373.414, 373.418, 373.421, 403.061, 403.087, 403.704(30), 403.805 FS. Law Implemented 373.109, 373.309, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 373.421, 403.061, 403.087, 403.0877, 403.088, 403.0885, 403.722, 403.861(7) FS. History–New 5-17-72, Amended 6-19-74, 7-8-82, Formerly 17-4.05, Amended 11-15-87, 8-31-88, 10-3-88, 4-4-89, 3-19-90, 6-11-90, 3-7-91, 3-18-91, 5-30-91, 10-30-91, 11-16-92, 12-21-92, 7-11-93, 2-2-94, Formerly 17-4.050, Amended 11-23-94, 4-30-95, 7-4-95, 12-15-98, 10-22-00, 6-1-01, 1-30-03, 2-19-03, 4-3-03, 5-1-03, 2-7-06, 10-31-07, 4-21-09, 5-9-13, 10-1-13, 2-17-16.

Fla. Admin. Code R. 62-4.052 Regulatory Program and Surveillance Fees for Wastewater Facilities or Activities Discharging to Surface Waters

(1) Scope and Intent. As authorized in Section 403.087(6), F.S., this rule implements annual regulatory program and surveillance fees (annual fees) for wastewater and stormwater permits. These fees are in addition to the application fees described in Rule 62-4.050, F.A.C., and effect the legislative intent that the Department’s costs for administering the National Pollutant Discharge Elimination System (NPDES) be borne by regulated parties. As such, the annual fees are applicable only to facilities and activities subject to regulation under Chapters 62-620, 62-621 and 62-624, F.A.C., pursuant to Section 403.0885, F.S., and the NPDES program.

(2) Annual fees for the regulatory program and surveillance of wastewater and stormwater facilities are not refundable and shall be due and payable as follows:

(a) In the initial year the Department administers a new component of the NPDES program, annual fees shall be required for all facilities which have an NPDES permit for which the Department is granted administrative authority. The amount due shall be the applicable annual fee described in subsection (5), (6), (8), (9), (10), (11) or (13), of this rule, pro-rated to the portion of the calendar year from October 22, 2000 to the end of the calendar year, and are due and payable no later than 60 days after October 22, 2000.

(b) In all subsequent years, the entire annual fee shall be due and payable no later than January 15 each year for all facilities that are subject to regulation under Section 403.0885, F.S., on that date.

(c) When a new wastewater facility or activity is issued a permit under either Chapter 62-620, 62-621, or 62-624, F.A.C., pursuant to Section 403.0885, F.S., the first annual fee shall be due no later than 60 days after permit issuance. The amount due shall be the applicable annual fee described in subsection (5), (6), (8), (9), (10), (11), or (13), of this rule, pro-rated to the remaining portion of the calendar year in which the permit is issued. Thereafter, the fee shall be due and payable pursuant to paragraph (b), above.

(d) When a new wastewater facility or activity is provided notice of coverage by the Department under a generic permit, the first annual fee shall be due no later than 60 days after notice of coverage is received by the permittee. The amount due shall be the applicable annual fee under this section, pro-rated to the remaining portion of the calendar year in which generic permit coverage is obtained. Thereafter, the fee shall be due and payable pursuant to paragraph (b), above.

(3) Non-payment or late payment of an annual fee shall be grounds for enforcement action pursuant to Sections 403.121, 403.141 and 403.161, F.S. Non-payment of an annual fee shall be grounds for revocation of the wastewater or stormwater permit or denial of an application for renewal of the wastewater or stormwater permit.

(4) When a permit is revised in a manner which places the facility in a different annual fee category, the fee shall be changed as appropriate and the new fee shall be due no later than the January 15 following permit revision.

(5) The annual fees for domestic wastewater facilities authorized to discharge to surface waters shall be based on the permitted capacity of the discharge to surface waters except for discharges to surface waters which serve as backup discharges for permitted reuse systems. The annual fees for permits to discharge to surface waters which serve as backup discharges for permitted reuse systems, including limited wet weather discharges, shall be based on an adjusted surface water discharge permitted capacity. This adjusted capacity shall be used only for the purpose of establishing the annual fee under this section. The adjusted surface water discharge permitted capacity shall be equal to the actual permitted capacity of the discharge to surface waters minus 70 percent of that portion of the discharge to surface waters which serves as a backup:

(a) 20 mgd and above

$7,000.00

(b) 10 mgd up to, but less than, 20 mgd

$6,750.00

(c) 5 mgd up to, but less than, 10 mgd

$6,500.00

(d) 2 mgd up to, but less than, 5 mgd

$6,250.00

(e) 1 mgd up to, but less than, 2 mgd

$6,000.00

(f) 0.5 mgd up, but less than, 1 mgd

$5,625.00

(g) 0.1 mgd up to, but less than, 0.5 mgd

$3,375.00

(h) 0.025 mgd up to, but less than, 0.1 mgd

$1,125.00

(i) 0.010 mgd up to, but less than, 0.025 mgd

$300.00

(j) Less than 0.010 mgd

$200.00

(6) The annual fees for industrial wastewater facilities or activities permitted to discharge to surface waters are based, using only their discharges to surface waters, on the group classifications used in subparagraphs 62-4.050(4)(c)1. through 7., F.A.C., and the classification of Minor or Major as defined in subsection 62-620.200(22), F.A.C., and are as follows:

Major

Minor

(a) Group 1:

$11,500.00

$8,600.00

(b) Group 2:

$7,700.00

$5,800.00

(c) Group 3:

$3,800.00

$2,900.00

(d) Group 4:

$3,800.00

$2,900.00

(e) Group 5A:

$9,200.00

$6,900.00

(f) Group 5B:

$6,100.00

$4,600.00

(g) Group 5C:

$3,100.00

$2,300.00

(h) Group 5D:

$1,150.00

$850.00

(i) Group 6A:

$9,200.00

$6,900.00

(j) Group 6B:

$4,600.00

$3,500.00

(k) Group 6C:

$2,300.00

$1,700.00

(l) Group 6D:

$800.00

$600.00

(m) Group 7A:

$7,700.00

$5,800.00

(n) Group 7B:

$4,600.00

$3,500.00

(o) Group 7C:

$3,100.00

$2,300.00

(p) Group 7D:

$1,500.00

$1,100.00

(7) The following provisions apply in specific circumstances:

(a) A permitted facility which falls in more than one of the fee categories in subsection (5) or (6), shall not be subject to multiple fees, but shall pay the larger of the fees. However, multiple wastewater permits issued pursuant to Chapter 62-620, F.A.C., authorizing discharges to surface waters through a common outfall shall be subject to individual fees; and

(b) When the discharge to surface waters consists of both stormwater and wastewater, the annual fee for categories which vary according to the flow of the facility shall be based on the volume of the wastewater permitted to be discharged. However, facilities with stormwater-only discharges regulated in its wastewater permit pursuant to Section 62-620.445, F.A.C., shall pay an additional $200.00 per outfall per year, up to the maximum amount set forth in Section 403.087(6), F.S. The additional fee for stormwater-only discharges does not apply to internal stormwater streams.

(8) The annual fee for domestic or industrial wastewater facilities or activities which fall in one of the categories below shall be as follows:

(a) Facilities which use an underground injection well for effluent disposal and are permitted to discharge to surface water only during mechanical integrity tests.

$200.00

(b) Facilities which use evaporation/percolation ponds or holding ponds and land application as their primary means of disposal and are permitted to discharge to surface waters only after storm events or during control structure testing, as specified in the permit:

1. That do not include effluent limitations on internal waste streams.

$200.00

established to protect surface water quality.

2. That include effluent limitations on internal waste streams established to protect surface water quality.

$2400.00

(c) Facilities which are permitted to discharge to surface waters only for emergencies, as specified in the permit.

$200.00

(d) The annual fees described in paragraphs (a) through (c) of this subsection shall be the only annual fee for such facilities, except as provided in subsections 62-4.052(10) and 62-4.052(11), F.A.C., and shall be due and payable regardless of whether a discharge actually occurs during the year.

(9) The annual fee for petroleum contaminated ground water clean up projects authorized to discharge to surface waters for more than 30 days under the generic permit for petroleum fuel contaminated ground water clean up is $2,850.00 annually. There shall be no annual fee for projects authorized to discharge to surface water for less than 30 days or for discharges of uncontaminated produced ground water.

(10) The annual fee for Phase I municipal stormwater facilities, and Phase II facilities subject to an individual permit, as regulated under Chapter 62-624, F.A.C., shall be as follows:

(a) Fees for each Municipal Separate Storm Sewer System (MS4) permit shall cover the cost of surveillance and the regulatory program, including processing of annual reports, revisions, and permit applications and re-applications. Annual fees for MS4s shall be based on the total MS4 permit population. The total MS4 permit population is equal to the sum of the populations of each of the named co-permittees to a MS4 permit. Populations used for all MS4 fee determinations shall be the 2005 estimates as listed in the 2006 edition of the Florida Statistical Abstract, published by the Bureau of Economic and Business Research, University of Florida. Fees are calculated using the formulas established in paragraph 62-4.052(10)(d), F.A.C. Total permit populations and associated fees are indicated for each permit below:

Permit

Total Population

Fee

Bradenton

54,303

$4,340.00

Broward

1,410,561

$48,264.00

Escambia

303,623

$20,591.00

Ft. Lauderdale

171,344

$17,284.00

Hialeah

230,407

$18,760.00

Hillsborough

783,007

$32,575.00

Hollywood

143,025

$16,576.00

Jacksonville

837,983

$33,950.00

Jacksonville Beach

21,531

$2,702.00

Lee

549,442

$26,736.00

Leon

96,330

$6,442.00

Manatee

247,471

$19,187.00

Miami

386,882

$22,672.00

Miami-Dade County

1,720,800

$56,020.00

Orange

821,519

$33,538.00

Orlando

217,567

$18,439.00

Palm Beach County

1,262,520

$44,563.00

Pasco

404,930

$23,123.00

Pinellas

691,971

$30,299.00

Polk

541,840

$26,546.00

Reedy Creek District

82,300

$5,740.00

St. Petersburg

253,902

$19,348.00

Sarasota

367,867

$22,197.00

Seminole

411,744

$23,294.00

Tallahassee

174,781

$17,370.00

Tampa

326,519

$21,163.00

Temple Terrace

22,020

$2,726.00

(b) Except as provided in paragraph 62-4.052(10)(c), F.A.C., permittees and co-permittees to each permit will be invoiced individually for their respective share of the annual fee. The individual fee shall be pro-rated based on the percentage of each co-permittee’s population as compared to the total permit population listed above. Additional fees apply as follows:

1. Invoices under this subsection shall be a minimum of $100.00 to cover processing costs.

2. For co-permittees that do not have associated populations, such as Florida Department of Transportation Districts and Drainage Districts, other than existing state water management districts, the fee shall be $1,875.00.

(c) For convenience, co-permittees of any one permit may choose to receive only one invoice to cover the entire annual fee. In order to receive one invoice, co-permittees to any one permit shall:

1. Mutually agree to share the cost of the annual fee and be party to an executed interlocal agreement for cost sharing among all co-permittees.

2. Designate a specific co-permittee to act as representative for all co-permittees regarding the annual fee. The fee designee shall notify the Department in writing, not less than 120 days prior to the end of a calendar year, that only one invoice will be required for the annual fee for the forthcoming calendar year.

3. The above notification shall identify the co-permittee responsible for the fee transaction and shall specify the name and address of the contact person for invoicing. The identified co-permittee is responsible for paying the entire annual fee to the Department.

4. After the initial annual fee billing cycle, one invoice shall continue to be sent to the fee designee established by the above process until a change is requested in accordance with subparagraph 62-4.052(10)(c)5., F.A.C., below.

5. To effect a change regarding the fee designee, the Department must be notified in writing, not less than 120 days prior to the end of a calendar year, that the co-permittee responsible for the fee transaction has changed, or that fees should be invoiced individually in accordance with paragraph 62-4.052(10)(b), F.A.C. Notification of such changes shall be in accordance with the requirements of this subsection.

(d) Annual fees for Phase 1 MS4s and Phase 11 MS4s permitted individually and not under a generic permit, that have an initial permit issuance occurring after October 1, 2000, shall be based on the following formulas:

1. For MS4 permits with total populations less than 19,999: $800.00 plus $0.05 times the total permitted population.

2. For MS4 permits with total populations greater than 20,000 but less than 99,999: $1,625.00 plus $0.05 times the total permitted population.

3. For MS4 permits with total populations greater than 100,000: $13,000.00 plus $0.025 times the total permitted population.

(11) Stormwater discharge associated with industrial activity permitted under Chapter 62-620, F.A.C., shall pay an additional $200 per outfall per year, up to the maximum amount set forth in Section 403.087(6), F.S., unless the activity is already subject to the fee provisions of paragraph 62-4.052(7)(b), F.A.C.

(12) There shall be no annual fee for use of the general permits in Chapter 62-660, F.A.C.

(13) In addition to any annual fees described in subsections (5) and (8), of this rule, a municipality which has an approved pretreatment program shall pay an additional $500.00 annually.

History

• Rulemaking Authority 403.061, 403.087(6) FS. Law Implemented 403.087(6), 403.0885 FS. History–New 4-30-95, Amended 10-22-00, 7-8-02, 10-31-07.

Fla. Admin. Code R. 62-4.053 Annual Operating License Fees for Public Water Systems

(1) Scope and Intent. As authorized in Section 403.087(6), F.S., this rule implements annual regulatory program and surveillance fees (operating license fees) for public drinking water systems. These fees effect the legislative intent that the Department’s costs for administering the Florida Safe Drinking Water Act be borne by regulated parties. As such, the annual operating license fees are applicable only to public water systems subject to regulation under Chapters 62-550, 62-555 and 62-560, F.A.C.

(2) The license fees described in paragraphs (a) through (c), of this subsection, shall be the annual operating license fees for such facilities.

(a) Annual operating license fees shall be based on the type of public water system, or the population served, or the sum of permitted capacities of the treatment provided under their unique PWS ID Number, as set forth in subsections (3) through (6), below.

(b) Annual operating license fees are applicable for the period from July 1 to June 30 of the following year.

(c) Annual operating license fees for drinking water systems are not refundable and shall be due and payable as follows:

1. The annual operating license fees set forth in this section shall be required for all public water systems for which the Department is granted administrative authority. The amount due shall be the applicable annual operating license fee described in subsection (3), (4), (5), or (6), of this rule, and is due and payable no later than 45 days after receipt of an operating license fee invoice from the Department for public water systems that are subject to regulation under Section 403.861, F.S., on that date.

2. When a new public water system is issued a permit and is cleared for operation to be put in service under Chapter 62-555, F.A.C., pursuant to Section 403.861, F.S., the first annual operating license fee shall be due no later than 45 days after receipt of an operating license fee invoice from the Department. The amount due shall be the applicable annual operating license fee described in subsection (3), (4), (5), or (6), of this rule. The operating license fee shall be due and payable pursuant to paragraph 62-4.053(2)(b), F.A.C., above.

3. Non-payment or late payment of an annual operating license fee shall be grounds for enforcement action pursuant to Sections 403.121, 403.141, and 403.161, F.S. Non-payment of an annual operating license fee shall be grounds for revocation or denial of an application for a drinking water construction permit.

4. When a public water system changes in a manner which places the facility in a different annual operating license fee category:

a. The operating license fee shall be changed as appropriate and be in effect for the next operating year (July 1-June 30),

b. The new operating license fee shall be due no later than 45 days after receipt of an operating license fee invoice from the Department following the change; and,

c. No operating license fee is due for an inactive system.

(3) The annual operating license fees for community public water systems are based on the system’s permitted design capacity, and are as follows:

Design Capacity

Fee

(a) 10 MGD and above

$6,000.00

(b) 5 MGD up to 10 MGD

$4,000.00

(c) 1 MGD up to 5 MGD

$2,000.00

(d) .33 MGD up to 1 MGD

$1,000.00

(e) .05 MGD up to 0.33 MGD

$500.00

(f) Less than 0.05 MGD

$100.00

(4) The annual operating license fee for consecutive community public water systems shall be based on their population served as reported by the system during their most recent Sanitary Survey as follows:

Population Served

Fee

(a) 25-500

$50.00

(b) 501-3,300

$100.00

(c) 3,301-10,000

$500.00

(d) 10,001-50,000

$1,000.00

(e) 50,001-100,000

$2,000.00

(f) >100,000

$4,000.00

(5) The annual operating license fee for non-transient, non-community public water systems shall be $100.00.

(6) The annual operating license fee for transient, non-community public water systems shall be $50.00.

(7) Public water systems will be invoiced individually for the annual operating license fee.

(8) The annual operating license fee in this Section shall be adjusted for inflation using the methodology in paragraph 62-4.050(4)(z), F.A.C.

History

• Rulemaking Authority 403.061, 403.861(7), 403.861(8) FS. Law Implemented 403.087(6) FS. History–New 4-21-09.

Fla. Admin. Code R. 62-4.055 Permit Processing

(1) Within thirty days after receipt of an application for a permit and the correct processing fee the Department shall review the application and shall request submittal of additional information the Department is authorized by law to request. The applicant shall have ninety days after the Department mails a timely request for additional information to submit that information to the Department. If an applicant requires more than ninety days in which to respond to a request for additional information, the applicant may notify the Department in writing of the circumstances, at which time the application shall be held in active status for one additional period of up to ninety days. Additional extensions shall be granted for good cause shown by the applicant. A showing that the applicant is making a diligent effort to obtain the requested additional information shall constitute good cause. Failure of an applicant to provide the timely requested information by the applicable deadline shall result in denial of the application.

(2) If the applicant believes any Department request for additional information is not authorized by law or rule, the applicant may request a hearing pursuant to Section 120.57, F.S.

(3) Within 30 days after receipt of such additional information, the Department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information.

(4) If the applicant believes the request of the Department for such additional information is not authorized by law or rule, the Department, at the applicant’s request, shall begin to process the permit application. Such a request by the applicant shall be in writing and shall be clearly labelled as a request for the Department to process the application. The applicant’s request shall state the reasons why the applicant believes the Department’s request for additional information is not authorized by law or rule. The applicant shall clearly state that the applicant requests the Department to process the application without that information. The applicant’s request shall be submitted to the Department office which made the request.

(5) Permits shall be approved or denied within 90 days after receipt of the original application, the last item of timely requested additional material, or the applicant’s written request to begin processing the permit application, whichever occurs last.

(6) The procedures in this section do not apply to hazardous waste facility permitting under rule Chapter 62-730, F.A.C., or to other permitting for which there are other specific procedures.

History

• Rulemaking Authority 120.54(5), 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.0876 FS. History–New 12-3-84, Amended 8-31-88, 7-11-93, Formerly 17-4.055, Amended 8-16-98.

Fla. Admin. Code R. 62-4.060 Consultation

History

• Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.06, Amended 8-31-88, Formerly 17-4.060, Repealed 2-16-12.

Fla. Admin. Code R. 62-4.070 Standards for Issuing or Denying Permits; Issuance; Denial

(1) A permit shall be issued to the applicant upon such conditions as the Department may direct, only if the applicant affirmatively provides the Department with reasonable assurance based on plans, test results, installation of pollution control equipment, or other information, that the construction, expansion, modification, operation, or activity of the installation will not discharge, emit, or cause pollution in contravention of Department standards or rules. However, for discharges of wastes to water, the Department may issue temporary operation permits under the criteria set forth in Section 403.088(3), F.S.

(2) If, after review of the application and all the information, the Department determines that the applicant has not provided reasonable assurance that the construction, modification, expansion, or operation of the installation will be in accord with applicable laws or rules, including rules of approved local programs, the Department shall deny the permit.

(3) The Department may issue any permit with specific conditions necessary to provide reasonable assurance that Department rules can be met.

(4) No Department permits shall be issued for a term of more than five (5) years unless otherwise specified by statute, rule, or order of the Department. However, construction permits for air pollution sources may be issued for a period of time as necessary.

(5) The Department shall take into consideration a permit applicant’s violation of any Department rules at any installation when determining whether the applicant has provided reasonable assurances that Department standards will be met.

(6) The applicant shall be promptly notified if the Department intends to deny the application, and shall be informed of the reasons for the intended denial, and of the right to request an administrative hearing.

(7) The issuance of a permit does not relieve any person from complying with the requirements of Chapter 403, F.S., or Department rules.

History

• Rulemaking Authority 403.021, 403.031, 403.061, 403.087, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History– New 5-17-72, Amended 7-8-82, 2-1-83, 12-3-84, Formerly 17-4.07, Amended 8-31-88, 3-28-91, Formerly 17-4.070.

Fla. Admin. Code R. 62-4.080 Modification of Permit Conditions

(1) For good cause and after notice and an administrative hearing, if requested, the Department may require the permittee to conform to new or additional conditions. The Department shall allow the permittee a reasonable time to conform to the new or additional conditions and on application of the permittee the Department may grant additional time.

For the purpose of this section, good cause shall include, but not be limited to, any of the following:

(a) A showing that an improvement in effluent or emission quality or quantity can be accomplished because of technological advances without unreasonable hardship.

(b) A showing that a higher degree of treatment is necessary to effect the intent and purpose of Chapter 403, F.S.

(c) A showing of any change in the environment or surrounding conditions that requires a modification to conform to applicable air or water quality standards.

(d) For discharges into State waters, a showing that new or changed classification of the water requires a modification of the discharge.

(e) Adoption or revision of Florida Statutes, rules, or standards which require the modification of a permit condition for compliance.

(2) A permittee may request a modification of a permit by applying to the Department.

(3) A permittee may request that a permit be extended as a modification of the permit. Such a request must be submitted to the Department in writing before the expiration of the permit. Upon timely submittal of a request for extension, unless the permit automatically expires by statute or rule, the permit will remain in effect until final agency action is taken on the request. For construction permits, an extension shall be granted if the applicant can demonstrate reasonable assurances that, upon completion, the extended permit will comply with the standards and conditions required by applicable regulation. For all other permits, an extension shall be granted if the applicant can demonstrate reasonable assurances that the extended permit will comply with the standards and conditions applicable to the original permit. A permit for which the permit application fee was prorated in accordance with paragraph 62-4.050(4)(l), F.A.C., shall not be extended. In no event shall a permit be extended or remain in effect longer than the time limits established by statute or rule.

History

• Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.08, Amended 8-31-88, 3-19-90, Formerly 17-4.080.

Fla. Admin. Code R. 62-4.090 Renewals

Renewals. Prior to 135 days before the expiration of a hazardous waste operation permit, 180 days before the expiration of a hazardous waste closure permit, or sixty days before the expiration of any other Department operation permit except a permit issued pursuant to Chapter 62-213, F.A.C., the permittee shall apply for a renewal of a permit using forms incorporated by reference in the specific rule chapter for that kind of permit. Renewals of permits issued pursuant to Chapter 62-213, F.A.C., shall be processed in accordance with the chapter and not with this rule. A renewal application shall be timely and sufficient. If the application is submitted prior to the days specified above before expiration of the permit, it will be considered timely and sufficient. If the renewal application is submitted at a later date, it will not be considered timely and sufficient unless it is submitted and made complete prior to the expiration of the operation permit. When the application for renewal is timely and sufficient, the existing permit shall remain in effect until the renewal application has been finally acted upon by the Department or, if there is court review of the Department’s final agency action, until a later date is required by Section 120.60, F.S.

History

• Rulemaking Authority 120.60, 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 120.60, 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.09, Amended 8-31-88, 3-19-90, 7-11-93, Formerly 17-4.090, Amended 4-18-95, 3-16-08.

Fla. Admin. Code R. 62-4.100 Suspension and Revocation

(1) Permits shall be effective until suspended, revoked, surrendered, or expired and shall be subject to the provisions of chapter 403, F.S., and rules of the Department.

(2) Failure to comply with pollution control laws and rules shall be grounds for suspension or revocation.

(3) A permit issued pursuant to this chapter shall not become a vested property right in the permittee. The Department may revoke any permit issued by it if it finds that the permit holder or his agent:

(a) Submitted false or inaccurate information in his application or operational reports.

(b) Has violated law, Department orders, rules or permit conditions.

(c) Has failed to submit operational reports or other information required by Department rules.

(d) Has refused lawful inspection under Section 403.091, F.S.

(4) No revocation shall become effective except after notice is served by personal service, certified mail, or newspaper notice pursuant to Section 120.60(5), F.S., upon the person or persons named therein and a hearing held if requested within the time specified in the notice. The notice shall specify the provision of the law, or rule alleged to be violated, or the permit condition or Department order alleged to be violated, and the facts alleged to constitute a violation thereof.

History

• Rulemaking Authority 120.60, 403.061(7) FS. Law Implemented 120.60, 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–Formerly 17-4.07, FAC, New 3-4-70, Revised 5-17-72, Amended 8-7-73, Formerly 17-4.10, Amended 8-31-88, Formerly 17-4.100.

Fla. Admin. Code R. 62-4.110 Financial Responsibility

History

• Rulemaking Authority 403.061(7) FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Amended 8-7-73, Formerly 17-4.11, Amended 8-31-88, Formerly 17-4.110, Repealed 2-16-12.

Fla. Admin. Code R. 62-4.120 Transfer of Permits

(1) Within 30 days after the sale or legal transfer of a permitted facility, an “Application for Transfer of Permit” (DEP Form 62-1.201(1)) must be submitted to the Department. This form must be completed with the notarized signatures of both the permittee and the proposed new permittee. For air permits, an “Application for Transfer of Air Permit” (DEP Form 62-210.900(7)) shall be submitted.

(2) The Department shall approve the transfer of a permit unless it determines that the proposed new permittee cannot provide reasonable assurances that conditions of the permit will be met. The determination shall be limited solely to the ability of the new permittee to comply with the conditions of the existing permit, and it shall not concern the adequacy of these permit conditions. If the Department proposes to deny the transfer, it shall provide both the permittee and the proposed new permittee a written objection to such transfer together with notice of a right to request a Chapter 120, F.S., proceeding on such determination.

(3) Within 30 days of receiving a properly completed Application for Transfer of Permit form, the Department shall issue a final determination. The Department may toll the time for making a determination on the transfer by notifying both the permittee and the proposed new permittee that additional information is required to adequately review the transfer request. Such notification shall be served within 30 days of receipt of an Application for Transfer of Permit form, completed pursuant to subsection (1). If the Department fails to take action to approve or deny the transfer within 30 days of receipt of the completed Application for Transfer of Permit form, or within 30 days of receipt of the last item of timely requested additional information, the transfer shall be deemed approved.

(4) The permittee is encouraged to apply for a permit transfer prior to the sale or legal transfer of a permitted facility. However, the transfer shall not be effective prior to the sale or legal transfer.

(5) Until this transfer is approved by the Department, the permittee and any other person constructing, operating, or maintaining the permitted facility shall be liable for compliance with the terms of the permit. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations occurring prior to the sale or legal transfer of the facility.

History

• Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 3-4-70, Revised 5-17-72, Formerly 17-4.12, Amended 3-19-90, Formerly 17-4.120, Amended 4-16-01.

Fla. Admin. Code R. 62-4.130 Plant Operation – Problems

If the permittee is temporarily unable to comply with any of the conditions of the permit due to breakdown of equipment or destruction by hazard of fire, wind or by other cause, the permittee shall immediately notify the Department. Notification shall include pertinent information as to the cause of the problem, and what steps are being taken to correct the problem and to prevent its recurrence, and where applicable, the owner’s intent toward reconstruction of destroyed facilities. Such notification does not release the permittee from any liability for failure to comply with Department rules.

History

• Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 3-4-70, Revised 5-17-72, Formerly 17-4.13, Amended 8-31-88, Formerly 17-4.130.

Fla. Admin. Code R. 62-4.150 Review

History

• Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.15, Amended 8-31-88, Formerly 17-4.150, Repealed 2-16-12.

Fla. Admin. Code R. 62-4.160 Permit Conditions

All permits issued by the Department shall include the following general conditions:

(1) The terms, conditions, requirements, limitations and restrictions set forth in this permit, are “permit conditions” and are binding and enforceable pursuant to Sections 403.141, 403.727, or 403.859 through 403.861, F.S. The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions.

(2) This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department.

(3) As provided in Sections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other department permit that may be required for other aspects of the total project which are not addressed in this permit.

(4) This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

(5) This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department.

(6) The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules.

(7) The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to:

(a) Have access to and copy any records that must be kept under conditions of the permit;

(b) Inspect the facility, equipment, practices, or operations regulated or required under this permit; and,

(c) Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules.

Reasonable time may depend on the nature of the concern being investigated.

(8) If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information:

(a) A description of and cause of noncompliance; and,

(b) The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit.

(9) In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Sections 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.

(10) The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard.

(11) This permit is transferable only upon Department approval in accordance with Rules 62-4.120 and 62-730.300, F.A.C., as applicable. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Department.

(12) This permit or a copy thereof shall be kept at the work site of the permitted activity.

(13) This permit also constitutes:

(a) Determination of Best Available Control Technology (BACT)

(b) Determination of Prevention of Significant Deterioration (PSD)

(c) Certification of compliance with State Water Quality Standards (Section 401, PL 92-500)

(d) Compliance with New Source Performance Standards

(14) The permittee shall comply with the following:

(a) Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department.

(b) The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule.

(c) Records of monitoring information shall include:

1. The date, exact place, and time of sampling or measurements,

2. The person responsible for performing the sampling or measurements,

3. The dates analyses were performed,

4. The person responsible for performing the analyses,

5. The analytical techniques or methods used,

6. The results of such analyses.

(15) When requested by the Department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly.

(16) In the case of an underground injection control permit, the following permit conditions also shall apply:

(a) All reports or information required by the Department shall be certified as being true, accurate and complete.

(b) Reports of compliance or noncompliance with, or any progress reports on, requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

(c) Notification of any noncompliance which may endanger health or the environment shall be reported verbally to the Department within 24 hours and again within 72 hours, and a final written report provided within two weeks.

1. The verbal reports shall contain any monitoring or other information which indicate that any contaminant may endanger an underground source of drinking water and any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water.

2. The written submission shall contain a description of and a discussion of the cause of the noncompliance and, if it has not been corrected, the anticipated time the noncompliance is expected to continue, the steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance, and all information required by paragraph 62-528.415(4)(b), F.A.C.

(d) The Department shall be notified at least 180 days before conversion or abandonment of an injection well, unless abandonment within a lesser period of time is necessary to protect waters of the State.

(17) The following conditions also shall apply to a hazardous waste facility permit.

(a) The following reports shall be submitted to the Department:

1. Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, the permittee shall attempt to rectify the discrepancy. If not resolved within 15 days after the waste is received, the permittee shall immediately submit a letter report, including a copy of the manifest, to the Department.

2. Unmanifested waste report. The permittee shall submit an unmanifested waste report to the Department within 15 days of receipt of unmanifested waste.

3. Biennial report. A biennial report covering facility activities during the previous calendar year shall be submitted by March 1 of each even numbered year pursuant to Chapter 62-730, F.A.C.

(b) Notification of any noncompliance which may endanger health or the environment, including the release of any hazardous waste that may endanger public drinking water supplies or the occurrence of a fire or explosion from the facility which could threaten the environment or human health outside the facility, shall be reported verbally to the Department within 24 hours, and a written report shall be provided within 5 days. The verbal report shall include the name, address, I.D. number, and telephone number of the facility, its owner or operator, the name and quantity of materials involved, the extent of any injuries, an assessment of actual or potential hazards, and the estimated quantity and disposition of recovered material. The written submission shall contain:

1. A description and cause of the noncompliance.

2. If not corrected, the expected time of correction, and the steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

(c) Reports of compliance or noncompliance with, or any progress reports on, requirements in any compliance schedule shall be submitted no later than 14 days after each schedule date.

(d) All reports or information required by the department by a hazardous waste permittee shall be signed by a person authorized to sign a permit application.

History

• Rulemaking Authority 403.061, 403.087, 403.088 FS. Law Implemented 403.061, 403.087, 403.088 FS. History–New 8-31-88, Amended 10-4-89, 7-11-93, Formerly 17-4.160.

Fla. Admin. Code R. 62-4.200 Scope of Part II

This Part sets forth additional requirements for certain Department permits, exemptions from permitting, requirements for mixing zones and zones of discharge, and related requirements. Except as otherwise provided in Chapter 62-330, F.A.C., or in the rules adopted by reference thereunder, this Part shall not apply to activities regulated under Part IV of Chapter 373, F.S. However, this Part shall continue to apply to those activities grandfathered under Sections 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), (16) and 373.4145(6), F.S.

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.109, 373.113, 373.4131, 373.4145, 373.418, 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.20, Amended 8-31-88, Formerly 17-4.200, Amended 7-4-95, 10-1-07, 10-1-13.

Fla. Admin. Code R. 62-4.210 Construction Permits

History

• Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–New 5-17-72, Formerly 17-4.21, Amended 8-31-88, Formerly 17-4.210, Repealed 2-16-12.

Fla. Admin. Code R. 62-4.220 Operation Permit for New Sources

History

• Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088 FS. History–Formerly 17-4.05, New 3-4-70, Revised 5-17-72, Formerly 17-4.22, Amended 8-31-88, Formerly 17-4.220, Repealed 2-16-12.

Fla. Admin. Code R. 62-4.240 Operation Permits for Water Pollution Sources

History

• Rulemaking Authority 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088, 403.101 FS. History–New 5-17-72, Formerly 17-4.23, Amended 8-31-88, 10-4-89, Formerly 17-4.240, Repealed 2-16-12.

Fla. Admin. Code R. 62-4.241 Whole Effluent Toxicity Limits

(1) Facilities subject to whole effluent toxicity testing as identified in subsection 62-620.620(3), F.A.C., shall meet the following whole effluent toxicity limitations unless a mixing zone as specified in paragraphs 62-4.244(3)(a) through (d), F.A.C., or a variance has been approved by the Department.

(a) For acute whole effluent toxicity, the LC50, as defined in subsection 62-302.200(1), F.A.C., shall not be less than 100% effluent; and

(b) For chronic whole effluent toxicity, the IC25, as defined in subsection 62-302.200(14), F.A.C., shall not be less than 100% effluent.

(2) Facilities granted a chronic toxicity mixing zone in accordance with paragraph 62-4.244(3)(a), F.A.C., shall meet the following whole effluent toxicity limitations.

(a) For acute whole effluent toxicity, the LC50, as defined in subsection 62-302.200(1), F.A.C., shall not be less than 100% effluent; and

(b) For chronic whole effluent toxicity, the IC25, as defined in subsection 62-302.200(14), F.A.C., shall not be less than the effluent concentration allowed by the mixing zone.

(3) Facilities with high rate dilution permitted under paragraph 62-4.244(3)(b), F.A.C., shall meet the following whole effluent toxicity limitations.

(a) For acute whole effluent toxicity, the LC50, as defined in subsection 62-302.200(1), F.A.C., shall not be less than 30% effluent; and

(b) For chronic whole effluent toxicity, the IC25, as defined in subsection 62-302.200(14), F.A.C., shall not be less than 10% effluent.

(4) Facilities permitted as open ocean discharges under paragraph 62-4.244(3)(c), F.A.C., shall meet the following whole effluent toxicity limitations.

(a) For acute whole effluent toxicity, the LC50, as defined in subsection 62-302.200(1), F.A.C., shall not be less than 30% effluent; and

(b) For chronic whole effluent toxicity, the IC25, as defined in subsection 62-302.200(14), F.A.C., shall not be less than 10% effluent.

(5) Water Treatment facilities granted a mixing zone for demineralization concentrate in accordance with paragraph 62-4.244(3)(d), F.A.C., shall meet the following whole effluent toxicity limitations.

(a) For small water utility businesses, as defined in Section 403.0882(2)(b), F.S., the acute whole effluent toxicity LC50, as defined in subsection 62-302.200(1), F.A.C., shall not be less than 20% effluent. For demineralization concentrate discharges other than small water utility businesses, the LC50 shall not be less than the effluent concentration allowed by the mixing zone and shall not be less than 20% effluent; and,

(b) For small water utility businesses, the chronic whole effluent toxicity IC25, as defined in subsection 62-302.200(14), F.A.C., shall not be less than 20% effluent. For demineralization concentrate discharges other than small water utility businesses, the IC25 shall not be less than the effluent concentration allowed by the mixing zone.

History

• Rulemaking Authority 403.061, 403.087, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.121, 403.131, 403.141, 403.161 FS. History–New 4-2-08.

Fla. Admin. Code R. 62-4.242 Antidegradation Permitting Requirements; Outstanding Florida Waters; Outstanding National Resource Waters

(1) Antidegradation Permitting Requirements.

(a) Permits shall be issued when consistent with the antidegradation policy set forth in Rule 62-302.300, F.A.C., and, if applicable, Rule 62-302.700, F.A.C.

(b) In determining whether a proposed discharge which results in water quality degradation is necessary or desirable under federal standards and under circumstances which are clearly in the public interest, the department shall consider and balance the following factors:

1. Whether the proposed project is important to and is beneficial to the public health, safety, or welfare (taking into account the policies set forth in Rule 62-302.300, F.A.C., and, if applicable, Rule 62-302.700, F.A.C.); and,

2. Whether the proposed discharge will adversely affect conservation of fish and wildlife, including endangered or threatened species, or their habitats; and,

3. Whether the proposed discharge will adversely affect the fishing or water-based recreational values or marine productivity in the vicinity of the proposed discharge; and,

4. Whether the proposed discharge is consistent with any applicable Surface Water Improvement and Management Plan that has been adopted by a Water Management District and approved by the Department.

(c) For domestic wastewater facilities, in addition to paragraph (b), above, in order for a proposed discharge to be necessary or desirable under federal standards and under circumstances which are clearly in the public interest, the permit applicant must demonstrate that none of the following is economically and technologically reasonable:

1. Implementation of water conservation measures to reduce the flow of domestic wastewater. The engineering report shall include an assessment of the feasibility of implementation of water conservation programs within the area served by the collection system. This paragraph shall apply only to utilities, municipalities, or other entities that have responsibility for both wastewater and water supply,

2. Implementation of infiltration/inflow reduction measures for expansions of domestic wastewater facilities. The engineering report shall include an assessment of an infiltration/inflow reduction program within the area served by the collection system,

3. Reuse of reclaimed water; and,

4. Use of other discharge locations, which would reduce adverse impacts on water quality.

(d) For industrial wastewater facilities proposing new or expanded surface water discharges, in addition to paragraph (b), above, in order for the new or expanded industrial wastewater discharge to be necessary or desirable under federal standards and under circumstances which are clearly in the public interest, the permit applicant:

1. Must demonstrate that use of other discharge locations, land application, or recycling at offsite locations that would avoid the degradation of water quality is not economically and technologically reasonable; and,

2. Shall submit a signed statement under penalty of law that a waste minimization and source reduction analysis was completed consistent with best management practices appropriate for the type of facility or discharge proposed, as identified in paragraph 62-620.100(3)(m), F.A.C., 40 C.F.R. 122.44(k), and Guidance Manual for Developing Best Management Practices (BMP), U.S. Environmental Protection Agency, Office of Water, Washington, DC, EPA 833-B-93-004, October, 1993.

(2) Standards Applying to Outstanding Florida Waters.

(a) No Department permit or water quality certification shall be issued for any proposed activity or discharge within an Outstanding Florida Waters, or which significantly degrades, either alone or in combination with other stationary installations, any Outstanding Florida Waters, unless the applicant affirmatively demonstrates that:

1. With respect to blowdown from a recirculated cooling water system of a steam electrical generating plant, that the discharge:

a. Meets the applicable limitations of subsection 62-302.520(4), F.A.C., at the point of discharge, or

b. Has a mixing zone established pursuant to paragraph 62-302.520(6)(b), F.A.C., which assures the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife in and on the Outstanding Florida Water, and which is established taking into account the recreational or ecological significance of such water; and,

c. Meets the temperature limits of subsection 62-302.520(4), F.A.C., at the boundary of the mixing zone established pursuant to paragraph 62-302.520(6)(b), F.A.C., or

2. The proposed activity of discharge is clearly in the public interest, and either:

a. A Department permit for the activity has been issued or an application for such permit was complete on the effective date of the Outstanding Florida Water designation, or

b. The existing ambient water quality within Outstanding Florida Waters will not be lowered as a result of the proposed activity or discharge, except on a temporary basis during construction for a period not to exceed thirty days; lowered water quality would occur only within a restricted mixing zone approved by the Department; and, water quality criteria would not be violated outside the restricted mixing zone. The Department may allow an extension of the thirty-day time limit on a construction-caused degradation for a period demonstrated by the applicant to be unavoidable and where suitable management practices and technology approved by the Department are employed to minimize any degradation of water quality, or

c. The discharge or activity is part of an environmental restoration and enhancement project and meets all other applicable anti-degradation requirements in subsection (1) above.

(b) The Department recognizes that it may be necessary to permit limited activities or discharges in Outstanding Florida Waters to allow for or enhance public use or to maintain facilities that existed prior to the effective date of the Outstanding Florida Water designation, or facilities permitted after adoption of the Outstanding Florida Water designation. However, such activities or discharges will only be permitted if:

1. The discharge or activity is in compliance with the provisions specified in subparagraph (2)(a)2., of this rule, or

2. For dredging beach-quality sand from inlets and related channels, or restoration/nourishment of beaches and the use of offshore borrow areas, the applicant demonstrates that:

a. Turbidity has been minimized for both magnitude and duration to the maximum extent practicable,

b. Turbidity at the edge of the approved mixing zone does not exceed natural background levels by more than the range in natural background turbidity levels measured throughout a normal tidal cycle for the applicable sand dredging or beach restoration/nourishment site; and in no case shall it exceed 29 NTUs above natural background; and,

c. Turbidity levels, both inside and outside of the mixing zone, are not expected to have an adverse impact on marine resources, recreational value or public safety, or

3. Management practices and suitable technology approved by the Department are implemented for all stationary installations including those created for drainage, flood control, or by dredging or filling; and there is no alternative to the proposed activity, including the alternative of not undertaking any change, except at an unreasonably higher cost.

(c) For the purpose of this section the term “existing ambient water quality” shall mean (based on the best scientific information available) the better water quality of either (1) that which could reasonably be expected to have existed for the baseline year of an Outstanding Florida Water designation or (2) that which existed during the year prior to the date of a permit application. It shall include daily, seasonal, and other cyclic fluctuations, taking into consideration the effects of allowable discharges for which Department permits were issued or applications for such permits were filed and complete on the effective date of designation.

(d) Subsection 62-4.242(2), F.A.C., shall not apply to any dredge or fill activity or any discharge to an Outstanding Florida Water permitted by the Department on, or for which a complete permit application was filed on, the effective date of an Outstanding Florida Water designation; nor shall it apply to any renewal of a Department permit where there is no modification in the dredge or fill activity or discharge which would necessitate a permit review.

(e) Any activity that is exempted from permit programs administered by the Department is not subject to the requirements of Rule 62-4.242, F.A.C.

(f) For the Apalachicola River north of Gulf County, this section shall not apply in the federally-authorized nine-foot navigation project, as follows:

1. Maintenance dredging and disposal and snag removal by the Army Corps of Engineers as presently performed pursuant to existing permits and its continuation under renewals thereof, or

2. Class A and B emergencies as defined in subsection 62-312.150(5), F.A.C., or

3. Exemptions to permitting specified in Section 403.813, F.S., and Department rules, or

4. Any other permittable project of the Army Corps of Engineers deemed necessary by the Department pursuant to the considerations referenced in paragraph 62-302.100(10)(c), F.A.C.

(3) Standards Applying to Outstanding National Resource Waters:

(a) All discharges or activities that may cause degradation of water quality in Outstanding National Resource Waters are prohibited, other than:

1. Discharges or activities that are exempted by statute from Department permitting or regulation,

2. Those discharges or activities described in sub-subparagraphs 62-4.242(2)(a)1.b., 62-4.242(2)(a)1.c., and 62-4.242(2)(a)2.b., F.A.C.

(b) Discharges or activities that would have the result of clearly enhancing the water quality of Outstanding National Resource Waters are not prohibited.

(c) In addition, the following restrictions apply on Outstanding National Resource Waters. Each is listed below, followed by a reference to DEP rules or Florida Statutes:

1. Water quality reclassification to a class with less stringent criteria is not allowed (Rule 62-302.400, F.A.C.).

2. New or expanded mixing zones cannot be issued other than those for thermal discharges as allowed in subparagraph 62-4.242(1)(a)1., F.A.C.

3. Temporary Operation Permits cannot be renewed (Rule 62-4.250, F.A.C.).

4. General Permits cannot be used.

5. Exemptions from water quality criteria cannot be issued (Rule 62-4.243; subsections 62-6.020(5), (6), and (7); 62-25.030(3); and Rule 62-528.300, F.A.C.).

6. Variances shall not be issued (Sections 403.201 and 403.938, F.S.).

7. Any special restrictions for water quality protection in Outstanding Florida Waters, whether in Department rules or Florida Statutes, also apply in Outstanding National Resource Waters.

(d) This subsection shall not apply to any existing activity permitted, exempted, or for which a completed application for permit was filed, on or before the effective date of the Outstanding National Resource Water designation; nor shall it apply to any renewal of a Department permit where there is no modification of the activity which would necessitate a permit review.

(e) Paragraph 62-4.242(3)(d), F.A.C., shall not apply to any activity which contributes to the degradation of water quality in an Outstanding National Resource Water beyond those levels established for the baseline year.

History

• Rulemaking Authority 373.016, 373.171, 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 373.016, 373.171, 403.021, 403.061, 403.087, 403.088, 403.101, 403.111, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702 FS. History–New 3-1-79, Amended 5-14-81, 9-30-82, 3-31-83, 4-9-84, 11-29-84, 12-11-84, 5-8-85, 7-22-85, 8-31-88, 9-13-89, 10-4-89, Formerly 17-4.242, Amended 1-23-95, 5-15-02, 8-1-13, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-4.243 Exemptions from Water Quality Criteria

(1) Exemptions for Artificial Water Bodies Classified for Agricultural Water Supplies.

(a) The Secretary shall upon the petition of an affected person or permit applicant, and after public notice in the Florida Administrative Register and in a newspaper of general circulation in the area of the waters affected, and after opportunity for public hearing pursuant to Chapter 120, F.S., issue an Order for the duration of the permit specifically exempting a source of pollution from the Class IV water quality criteria contained in Rule 62-3.131, F.A.C., for wholly artificial bodies of water upon affirmative demonstration by the Petitioner of the following:

1. Granting the exemption is in the public interest; and,

2. The public has limited access to the waters under consideration; and,

3. The waters are not used for recreation; and,

4. Compliance with presently specified criteria is unnecessary for the protection of potable water supplies and animals, plants, or aquatic life using the waters; and,

5. Granting the exemption will not interfere with existing uses or the designated use of the waters or contiguous waters; and,

6. The economic, environmental and social costs of compliance with the existing criteria outweigh the social, environmental, economic and social benefits of compliance; and additionally,

7. The presently specified water quality criteria cannot be met with currently available technology, or

8. The costs of compliance with the presently specified criteria involved are so high that they must be spread over a considerable period of time, or

9. Some other type of hardship will occur.

(b) The Petitioner shall affirmatively demonstrate those criteria which the petitioner believes more appropriately apply to the waters for which the exemption is sought.

(c) The Secretary shall specify, by Order, only those criteria which the Secretary determines to have been demonstrated by the preponderance of competent substantial evidence to be more appropriate.

(d) The Department shall modify the Petitioner’s permit consistent with the Secretary’s Order.

(2) Exemptions for Water Bodies Classified for Navigation, Utility and Industrial Use.

(a) The Secretary shall, upon the petition of an affected person or permit applicant, and after public notice in the Florida Administrative Register and in a newspaper of general circulation in the area of the waters affected, and after opportunity for public hearing pursuant to Chapter 120, F.S., issue an Order for the duration of the permit specifically exempting sources of pollution from the Class V water quality criteria contained in Rule 62-3.141, F.A.C., upon affirmative demonstration by the petitioner of the following:

1. Granting the exemption is in the public interest; and,

2. Compliance with presently specified criteria is unnecessary for the protection of potable water supplies and animals, plants, or aquatic life utilizing the waters; and,

3. Granting the exemption will not interfere with existing uses or the designated use of the waters, or of contiguous waters; and,

4. The economic, environmental and social costs of compliance with the existing criteria outweigh the social, environmental and economic benefits of compliance; and additionally,

5. The present specific water quality criteria cannot be met with currently available technology, or

6. The costs of compliance with the presently specified criteria involved are so high that they must be spread over a considerable period of time, or

7. Some other type of hardship will occur.

(b) The Petitioner shall affirmatively demonstrate those criteria which the Petitioner believes more appropriately apply to the waters for which the exemption is sought.

(c) The Secretary shall specify, by Order, only those criteria which the Secretary determines to have been demonstrated by the preponderance of competent substantial evidence to be more appropriate.

(d) The Department shall modify the Petitioner’s permit consistent with the Secretary’s Order.

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.101, 403.121, 403.141, 403.161, 403.182, 403.201, 403.502, 403.702, 403.708 FS. History–New 3-1-79, Amended 1-1-83, 2-1-83, 8-31-88, Formerly 17-4.243.

Fla. Admin. Code R. 62-4.244 Mixing Zones: Surface Waters

(1) Zones of mixing for non-thermal components of discharges.

(a) The Department may allow the water quality adjacent to a point of discharge to be degraded to the extent that only the minimum conditions described in subsection 62-302.500(1), F.A.C., apply within a limited, defined region known as the mixing zone. Under the circumstances defined elsewhere in this section, a mixing zone may be allowed to provide an opportunity for mixing and thus to reduce the costs of treatment. However, no mixing zone or combination of mixing zones shall be allowed to significantly impair any of the designated uses of the receiving body of water.

(b) A zone of mixing shall be determined based on the following:

1. The condition of the receiving body of water including present and future flow conditions and present and future sources of pollutants.

2. The nature, volume and frequency of the proposed discharge including any possible synergistic effects with other pollutants or substances which may be present in the receiving body of water.

3. The cumulative effect of the proposed mixing zone and other mixing zones in the vicinity.

(c) Except for the thermal components of discharges and nitrogen and phosphorus acting as nutrients, mixing zones which do not adhere to all of provisions paragraphs (1)(d) through (j), shall be presumed to constitute a significant impairment of the designated uses of surface waters of Classes I, II and III. An applicant for a mixing zone may obtain an exemption from these limitations as follows:

1. The applicant shall provide public notice, which shall be prepared or approved by the Department, in a newspaper of general circulation in the area in which the mixing zone is proposed. The notice shall identify the specific exemption it is seeking and notice the time, date and place of a public meeting at which, if the meeting is requested, the Department will consider comments to the requested exemption. The notice shall allow a person to request such a public meeting by contacting the Department within 14 days of the publication of the notice. If there is no such request, a public meeting is not required.

2. The applicant shall arrange for a public meeting which will be held if requested at which the Department will consider public comments on the exemption that is being sought. The Department shall also provide for public notice of the meeting in the Florida Administrative Register.

3. The applicant shall affirmatively demonstrate to the Department that the mixing zone exemption will not produce a significant adverse effect on the established community of organisms in the receiving body of water or otherwise significantly impair any of the designated uses of the receiving body of water.

4. The applicant shall affirmatively demonstrate to the Department that the requirements of paragraph (5)(c), of this rule, will be met.

(d) A mixing zone shall not include an existing drinking water supply intake or any other existing water supply intake if the constituents of such mixing zone would significantly impair the purposes for which the supply is used.

(e) A mixing zone shall not include a nursery area of indigenous aquatic life or any area approved by the Department of Environmental Protection for shellfish harvesting.

(f) In canals, rivers, streams, and other similar water bodies, the maximum length of a mixing zone shall be no more than 800 meters. In no case shall a mixing zone be larger than is necessary for the discharge to completely mix with the receiving water to meet water quality standards, and in no case shall a mixing zone significantly impair the designated use of the water body other than within the boundaries of the mixing zone.

(g) In lakes, estuaries, bays, lagoons, bayous, sounds, and coastal waters, the area of mixing zone shall be 125,600 square meters unless a lesser area is necessary to prevent significant impairment of a designated use. In no case shall a mixing zone be larger than is necessary to meet water quality standards.

(h) In open ocean waters, the area of a mixing zone shall be 502,655 square meters unless a lesser area is necessary to prevent significant impairment of a designated use. In no case shall a mixing zone be larger than is necessary to meet water quality standards.

(i) The mixing zones in a given water body shall not cumulatively exceed the limits described below:

1. In rivers, canals, and streams, and tributaries thereto and other similar water bodies: 10% of the total length,

2. In lakes, estuaries, bays, lagoons, bayous and sounds: 10% of the total area.

(j) Within mixing zones in Class I, Class II, and Class III waters, the turbidity shall not average greater than 41 Nephelometric Turbidity Units above natural background.

(k) Mixing zones in Class IV and V waters are subject only to the provisions of paragraph (d), above, and of Rule 62-302.500, F.A.C., and shall not significantly impair the designated uses of the receiving body of water.

(2) There shall be no mixing zone for any component of any discharge unless a Department permit containing a description of its boundaries has been issued for that component of the discharge.

(3)(a) Waters within mixing zones shall not be degraded below the minimum standards prescribed for all waters at all times in Rule 62-302.500, F.A.C. In determining compliance with the provisions of subsection 62-302.500(1), F.A.C., the average concentration of wastes in the mixing zone shall be measured or computed using generally accepted scientific techniques; provided that, the maximum concentration of wastes in the mixing zone shall not exceed the amount lethal to 50% of the test organisms in 96 hours (96 hr. LC50) for a species significant to the indigenous aquatic community, except as provided in paragraph (b), (c) or (d), below. The dissolved oxygen value within any mixing zone shall not be less than 1.5 milligrams per liter at any time or place, except for an open ocean discharge, which must be above 1.5 milligrams per liter within 20 feet of the outfall structure.

(b) Except for open ocean discharges described in paragraph (c), and ionic imbalanced demineralization concentrate discharges, described in paragraph (d), below, the maximum concentration of wastes in the mixing zone may exceed the 96 hr. LC50 only when all of the following conditions are satisfied.

1. Dilution ratio of the effluent exceeds 100:1 under critical conditions. That is, flow in the receiving waters exceeds 100 units for every unit of effluent flow under critical conditions. Critical conditions are defined as those under which least dilution of the effluent is expected, e.g., maximum effluent flow and minimum receiving stream flow.

2. High rate diffusers or other similar means are used to induce rapid initial mixing of the effluent with the receiving waters such that exposure of organisms to lethal concentrations is minimized.

3. Toxicity must be less than acute [as defined in subsection 62-302.200(1), F.A.C.] no more than a distance of 50 times the discharge length scale in any spatial direction. The discharge length scale is defined as the square root of the cross-sectional area of any discharge outlet. In the case of a multiport diffuser, this requirement must be met for each port, using the appropriate discharge length scale for that port. This restriction will ensure a dilution factor of at least 10 within this distance under all possible circumstances, including situations of severe bottom interaction, surface interaction, or lateral merging.

4. The effluent when diluted to 30% of full strength, shall not cause more than 50% mortality in 96 hours (96 hr. LC50) in a species significant to the indigenous aquatic community.

5. If the following pollutants are present in the effluent, their concentrations (in the effluent) shall not exceed the values listed:

Acrylonitrile 65 ug/l

Aldrin 7.5 ng/l

Dieldrin 7.5 ng/l

Benzene 4 mg/l

Benzidine 53 ng/l

Beryllium 6.4 ug/l

Cadmium 100 ug/l

Carbon Tetrachloride 694 ug/l

Chlordane 48 ng/l

Chlorinated ethanes:

1,2-dichloroethane 24.3 mg/l

1,1,2-trichloroethane 4.2 mg/l

1,1,2,2-tetrachloroethane 1 mg/l

Hexachloroethane 874 ug/l

Chloroalkyl Ethers:

bis(chloromethyl) ether 184 ng/l

bis(2-chloroethyl) ether 136 ug/l

Chloroform 1.57 mg/l

Chromium (hexavalent) 0.5 mg/l

DDT 2.4 ug/l

Dichlorobenzidine 2 ug/l

1,1-Dichloroethylene 185 ug/l

Dinitrotoluene 11 ug/l

Diphenylydrazine 56 ug/l

Ethylbenzene 33 mg/l

Fluoranthene 540 ug/l

Halomethanes 1.6 mg/l

Heptachlor 29 ng/l

Hexachlorobenzene 74 ng/l

Hexachlorocyclohexane

Hexachlorocyclohexane 310 ng/l

Hexachlorocyclohexane 547 ng/l

Hexachlorocyclohexane 625 ng/l

Lead 0.5 mg/l

Mercury 1.5 ug/l

Nickel 1 mg/l

Nitrosamines 124 ug/l

Polynuclear aromatic hydrocarbons 3 ug/l

Polychlorinated biphenyls (PCBs) 8 ng/l

Selenium 100 ug/l

Tetrachloroethylene 885 ug/l

Thallium 480 ug/l

Toxaphene 73 ng/l

Trichloroethylene 8 mg/l

Vinyl Chloride 52 mg/l

(c) For open ocean discharges:

1. The effluent, when diluted to 30% full strength with water having a salinity representative of the average receiving-water’s salinity, shall not cause more than 50% mortality in 96 hours (96 hr. LC50) in a species significant to the indigenous aquatic community.

2. Rapid dilution shall be ensured by the use of multiport diffusers, or a single port outfall designed (by a professional engineer registered in Florida) to achieve a minimum of 20:1 dilution of the effluent prior to reaching the surface. This dilution shall be determined using the appropriate plume model described in the EPA document, “Initial Mixing Characteristics of Municipal Ocean Discharges: Volume 1. Procedures and Applications,” using the “Single plume, stagnant ambient” procedures or current speeds as established by field measurements. Miami-Dade Central District, Miami-Dade North District, City of Hollywood, and Broward County may use 12.3 cm/sec as a default value for ambient current speed at the present location of their respective outfalls. Alternatively, dilution studies for facilities not using the “Single plume, stagnant ambient” procedures or the 12.3 cm/sec default ambient current speed (as appropriate) shall be conducted in accordance with a site-specific Department approved Plan of Study. The Plan of Study shall be approved upon a demonstration by the applicant that the plan will produce data to characterize the daily, seasonal, and annual fluctuations in current speed and direction. The discharge shall otherwise comply with federal law.

3. For open ocean dischargers that comply with the requirements of subparagraphs 62-4.244(3)(c)1. and 2., F.A.C., compliance with applicable water quality criteria specified in Rule 62-302.530, F.A.C. (criteria), must be achieved by the point the discharge attains 20:1 dilution rather than at the point of discharge. Mixing zones shall not be necessary for any parameter that requires 20:1 dilution or less to attain criteria. However, effluent limitations will be set by permit, and dilutions will be granted up to 20:1 in these limitations, for parameters that exceed criteria at the end-of-pipe.

a. The demonstration of required dilution shall be determined by the ratio of the worst case effluent concentration (WCEC) minus the worst case background concentration to the criterion minus the worst case background concentration, i.e.:

(Worst case effluent concentration – Worst case background concentration)

---

(Criterion – Worst case background concentration)

b. The WCEC for parameters that exceed criteria in the effluent shall be the 95th percentile effluent concentration (of DMR or other data collected in accordance with the sampling requirements of the permit measured for the most recent 3-year monitoring period, at the time of permit renewal) for each such parameter and not based on the maximum amount of dilution available. The WCEC used to demonstrate the required dilution for a parameter shall also be used as a facility performance check for each such parameter. Any exceedance of the WCEC shall provide sufficient cause for the Department to re-evaluate the applicability of this section and revise the permit. Additionally, any measured value(s) of sufficient concentration to require greater than 20:1 dilution to attain criteria shall be considered as a violation of the permit.

4. Subparagraph 62-4.244(3)(c)3., F.A.C., does not apply to bacterial criteria or silver in marine waters.

(d) Discharges of demineralization concentrate, as defined in Section 403.0882(2)(a), F.S., for which ionic imbalance is demonstrated, may exceed the 96 hr. LC50 in a mixing zone no greater than the area defined in sub-subparagraphs 62-4.244(3)(d)1.b. and 2.a., F.A.C. Ionic imbalance is defined as the failure of whole effluent toxicity tests caused predominantly by the presence of major ionic constituents naturally occurring in the source water (limited to calcium, potassium, sodium, magnesium, chloride, bromide, and other constituents designated by the Department). Ionic imbalance is shown using the protocols contained in “Technical Guidance Document for Conducting the Florida Department of Environmental Protection’s Protocols for Determining Major-Seawater-Ion Imbalance Toxicity (MSIIT) in Membrane-Technology Water-Treatment Concentrate” (FDEP, Bureau of Laboratories, May 4, 2004), which is adopted and incorporated by reference herein. Mixing zones for toxicity caused by ionic imbalance, as described in this paragraph, are allowed under the following conditions:

1. For all demineralization concentrate discharges defined in Section 403.0882(2)(a), F.S., except for small water utility businesses defined in Section 403.0882(2)(b), F.S.:

a. The effluent, when diluted to 20% full strength with laboratory pure water having a salinity representative of the receiving water’s salinity, shall not cause more than 50% mortality in 96 hours (96 hr. LC50) in a species significant to the indigenous aquatic community; and,

b. Under all ambient receiving water flow conditions, the effluent, mixed with receiving waters, must meet water quality standards within a distance not in excess of two times the natural water depth at the point of discharge. The natural water depth is defined as either the depth at Mean Lower Low Water (MLLW) Level in tidally affected waters or the depth at the seven-day, ten-year low flow (7Q10) conditions for non-tidal rivers, streams, canals, or ship channels. In no case shall the depth be artificially changed from its existing depth for the purpose of extending the area for complying with water quality standards and the acute toxicity requirements of paragraph 62-4.244(3)(d), F.A.C.

2. For small water utility businesses, as defined in Section 403.0882(2)(b), F.S.;

a. The discharge must achieve a minimum of 4-to-1 dilution within a distance not in excess of two times the natural water depth, as described in subparagraph 62-4.244(3)(d)1.b., F.A.C., at the point of discharge; and,

b. The effluent, when diluted to 20% full strength with laboratory pure water having a salinity representative of the receiving water’s salinity, shall not cause more than 50% mortality in 96 hours (96 hr. LC50) in a species significant to the indigenous aquatic community.

(4) Except for the minimum conditions of waters as specified in Rule 62-302.500, F.A.C., and the provisions of Rule 62-4.244, F.A.C., no other water quality criteria apply within a mixing zone.

(5) Mixing zones for dredge and fill permits shall not be subject to the provisions in paragraphs (1)(c) through (j), subsection (2), (3), or (4) of this rule, provided that applicable water quality standards are met at the boundary and outside the mixing zone.

(a) The dimensions of dredge and fill mixing zones shall be proposed by the applicant and approved, modified or denied by the Department.

(b) Criteria for departmental evaluation of a proposed mixing zone shall include site-specific biological and hydrographic or hydrological considerations.

(c) In no case shall the boundary of a Joint Coastal Permit mixing zone be more than 1000 meters from the point of discharge into the waterbody or the boundary of a dredge and fill mixing zone be more than 150 meters downstream in flowing streams or 150 meters in radius in other bodies of water, where these distances are measured from the cutterhead, return flow, discharge, or other points of generation of turbidity or other pollutants.

(d) When determining the appropriate size of a turbidity mixing zone for a Joint Coastal Permit, the Department shall also use the following criteria:

1. Measures will be implemented to minimize the magnitude and duration of turbidity to the maximum extent practicable;

2. Mixing zones shall be kept to the minimum size necessary to meet the turbidity standard; and,

3. Mixing zones shall not encompass hardbottom communities, coral resources, or submerged aquatic vegetation beds outside of the authorized impact sites unless those areas are also evaluated as impact sites.

(6) Where a receiving body of water fails to meet a water quality standard for pollutants set forth in department rules, a steam electric generating plant discharge of pollutants that existed or was licensed on July 1, 1984, may be granted a mixing zone, provided that:

(a) The standard would not be met in the water body in the absence of the discharge; and,

(b) The discharge is in compliance with all applicable technology-based effluent limitations; and,

(c) The discharge does not cause a measurable increase in the degree of noncompliance with the standard at the boundary of the mixing zone; and,

(d) The discharge otherwise complies with the mixing zone provisions specified in this section.

(7) Additional relief from mixing zone restrictions necessary to prevent significant impairment of a designated use is through:

(a) Reclassification of the water body pursuant to Rule 62-302.400, F.A.C.;

(b) Variance granted pursuant to Section 403.201, F.S., and Rule 62-103.100, F.A.C.

(c) Modification of the requirements of this section for specific criteria by the Secretary upon compliance with the notice and hearing requirements for mixing zones set forth in paragraph (1)(c), above, and upon affirmative demonstration by an applicant that the applicant’s discharge from a source existing on the effective date of this rule complies with best technology economically achievable, best management practices, or other requirements set forth in Chapter 62-600, F.A.C., and the economic, environmental and social costs of compliance with the existing criteria outweigh the social, environmental, and economic benefits of compliance with more stringent discharge limitations necessary to comply with mixing zone requirements of subsection 62-4.244(1), F.A.C., and the provisions relating to dissolved oxygen in Rule 62-4.244, F.A.C.

1. No discharger may be issued more than one permit or permit modification or renewal which allows a modification pursuant to this subsection unless the applicant affirmatively demonstrates that it has undertaken a continuing program, approved by the Department, designed to consider water quality conditions and review or develop any reasonable means of achieving compliance with the water quality criteria from which relief has been granted pursuant to this subsection.

2. With respect to paragraphs 62-4.244(1)(c) and 62-4.244(7)(c), F.A.C., the applicant must affirmatively demonstrate the minimum area of the water body necessary to achieve compliance with either subsection. Within a minimum area determined by the Secretary to be necessary to achieve compliance, the discharger shall be exempt from the criterion for which a demonstration has been made.

(d) Whenever site specific alternative criteria are established pursuant to Rule 62-302.800 or paragraph 62-302.510(2)(g), F.A.C., a mixing zone may be issued for dissolved oxygen if all provisions of Rule 62-4.244, F.A.C., are met with the exception of subparagraph 62-4.244(1)(j)1., F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.0882, 403.804, 403.805 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0882, 403.101, 403.121, 403.141, 403.161, 403.182, 403.201, 403.502, 403.702, 403.708 FS. History–Formerly part of 17-3.05, Revised and Renumbered 3-1-79, Amended 10-2-80, 1-1-83, 2-1-83, 2-19-84, 4-26-87, 8-31-88, 10-17-90, Formerly 17-4.244, Amended 3-26-00, 12-13-05, 8-1-13, 2-17-16.

Fla. Admin. Code R. 62-4.246 Sampling, Testing Methods, and Method Detection Limits for Water Pollution Sources

(1) The Department shall require monitoring and sampling for pollutants reasonably expected to be contained in the discharge and to violate the water quality criteria in Chapter 62-302, F.A.C.

(2) Field testing, sample collection and preservation, laboratory testing, including quality control procedures, and all record keeping shall comply with Chapter 62-160, F.A.C.

(3) Subsections (4)-(11), of this rule, apply only to permit applications, permits, monitoring reports, and other sources of data relating to discharges to surface waters.

(4) Using generally accepted scientific procedures, the Department shall establish and publish a method detection limit (MDL) and practical quantification limit (PQL) for each approved analytical method for a parameter (including any pollutant). On request, the Department shall make available a list of all current established MDLs and PQLs. The permittee may request and the Department shall consider approval for alternative methods or for alternative MDLs and PQLs for any approved analytical method, in accordance with the criteria of Rules 62-160.520 (New Methods, Validation Requirements) and 62-160.530 (Approval of Alternate Test Procedures), F.A.C. Permit applications, permits, and monitoring reports shall specify the applicable MDL and PQL established by the Department for each pertinent parameter.

(5) When establishing effluent limits in accordance with Rule 62-650, F.A.C., for pollutants for which MDLs are higher than the established water quality criteria, the Department shall base the limits on concentrations in the receiving waters computed in accordance with generally accepted scientific procedures and with subsections (8), (10) and (11), of this rule. Permit applications and monitoring reports shall identify results below the MDL. Except as specified in subsections (8) and (10), below, such results shall demonstrate compliance for that pollutant.

(6) All results submitted to the Department for permit applications and monitoring shall be reported as follows.

(a) The approved analytical method and corresponding Department-established MDL and PQL levels shall be reported for each pollutant. The MDLs and PQLs incorporated in the permit shall constitute the minimum reporting levels for each parameter for the life of the permit. The Department shall not accept results for which the laboratory’s MDLs or PQLs are greater than those incorporated in the permit. All results with laboratory MDLs and PQLs lower than those established in the permit shall be reported to the Department. Unless otherwise specified, all subsequent references to MDL and PQL pertain to the MDLs and PQLs incorporated in the permit.

(b) Results greater than or equal to the PQL shall be reported as the measured quantity.

(c) Results less than the PQL and greater than or equal to the MDL shall be reported as less than the PQL and deemed to be equal to the MDL.

(d) Results less than the MDL shall be reported as less than the MDL.

(e) The following table is intended as a guide in the use of paragraphs (6)(b)-(d), for determining compliance with permit limits. Common abbreviations used in this table are as follows:

PQL means practical quantification limit

MDL means method detection limit

means greater than

means less than

= means equal to.

Table 1 COMPLIANCE DETERMINATION

PERMIT LIMIT

DATA

COMPLIANCE

NONCOMPLIANCE

(6)(b)

Greater than or

Permit Limit

Equal to PQL

---

or =

Permit Limit

(6)(c)

or =

Less Than PQL But

PQL

Greater Than or

---

Equal to MDL

PQL

(6)(d)

or =

Less Than MDL

MDL

MDL

(7) When all the results or projected concentrations for the effluent and the receiving water are below the MDL for a particular parameter, the Department shall deem the permittee to be in compliance with the applicable criterion or permit limit, subject to the provisions of subsections (8) and (10), below, when applicable.

(8) The presence of toxicity (as established through biomonitoring), data from analysis of plant or animal tissue, contamination of sediment in the vicinity of the installation, intermittent violations of effluent limits or water quality standards, or other similar kinds of evidence reasonably related to the installation may indicate that a pollutant in the effluent may cause or contribute to violations of water quality criteria. If there is such evidence of possible water quality violations, then (unless the permittee has complied with subsection (9), below) in reviewing reports and applications to establish permit conditions and determine compliance with permits and water quality criteria, the Department shall treat any result less than the MDL of the method required in the permit or the method as required under subsection (10), below, or any lower MDL reported by the permittee’s laboratory as being one half the MDL (if the criterion equals or exceeds the MDL) or one half the criterion (if the criterion is less than the MDL), for any pollutant. Without the permission of the applicant, the Department shall not use any values determined under this subsection or subsection (9) below for results obtained under a MDL superseded later by a lower MDL.

(9) As an alternative to the procedure described in subsection (8), above, for determining the value of any result, the permittee may select and follow any procedure if set forth in any of the sources listed in this subsection below or shown by the permittee to provide equivalent reasonable assurance of accuracy and reliability, and if applicable to the particular discharge. Such equivalency of reasonable assurance and the applicability of each such procedure shall be determined in accordance with generally accepted methods of statistical analysis for that procedure. The following sources are incorporated here by reference.

(a) Gilbert, O.R., 1987. Statistical Methods For Environmental Pollution Monitoring, Van Nostrand Reinhold Company.

(b) Hollander, M., and D.A. Wolfe, 1973. Nonparametric Statistical Methods. Wiley, New York.

(c) USEPA. 1989. Draft Technical Guidance Manual for Performing Wasteload Allocations. Book III: Estuaries. Part 1: Estuaries and WLA Models. Center for Exposure Assessment Modeling. Athens, Ga.

(d) USEPA. 1991. Technical Support Document for Water Quality-Based Toxics Control. Office of Water Regulations and Standards. Washington, DC. EPA/505/2-90-001.

(e) USEPA. 1983. Technical Guidance Manual for Performing Wasteload Allocations. Book II: Streams and Rivers. Chapter 1: Biochemical Oxygen Demand/Dissolved Oxygen. Office of Water Regulations and Standards. Washington, DC. EPA/440/4-84/020.

(f) USEPA. 1983. Technical Guidance Manual for Performing Wasteload Allocations. Book II: Streams and Rivers. Chapter 2: Nutrient/Eutrophication Impact. Office of Water Regulations and Standards. Washington, DC. EPA/440/4-84/021.

(g) USEPA. 1984. Technical Guidance Manual for Performing Wasteload Allocations. Book II: Streams and Rivers. Chapter 3: Toxic Substances. Office of Water Regulations and Standards. Washington, DC. EPA/440/4-84/022.

(h) USEPA. 1983. Technical Guidance Manual for Performing Wasteload Allocations. Book IV: Lakes and Impoundments. Chapter 2: Nutrient/Eutrophication Impacts. Office of Water Regulations and Standards. Washington, DC. EPA/440/4-84/019.

(i) USEPA. 1986. Technical Guidance Manual for Performing Wasteload Allocations. Book IV: Lakes and Impoundments. Chapter 3: Toxic Substances. Office of Water Regulations and Standards. Washington, DC. EPA/440/4-87/002.

(j) USEPA. 1986. Technical Guidance Manual for Performing Wasteload Allocations. Book VI: Stream Design Flow for Steady-State Modeling. Office of Water Regulations and Standards. Washington, DC. EPA/440/4-87/004.

(k) USEPA. 1985. Water Quality Assessment: A Screening Procedure for Toxic and Conventional Pollutants. Office of Research and Development. Athens, Ga. EPA/600/6-85/002 a and b.

(10) If there is evidence of possible water quality violations as set forth in subsection (8), above, and if the water quality criterion for the pollutant is lower than the MDL, the Department shall require the permittee to use the approved analytical method with the lowest MDL from those published by the Department or established by the permittee’s laboratory for each such pollutant, for all reports and applications, to establish permit conditions and determine compliance. The Department shall not require the permittee to use an MDL lower than necessary to demonstrate compliance.

(11) If there is evidence that a pollutant in the effluent is reasonably expected to cause or contribute to water quality violations but there is no evidence of the presence of that pollutant in the ambient background receiving water, the Department shall treat the ambient background value of that pollutant in the receiving water as zero in establishing the pertinent effluent limit.

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.091, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–Formerly 17-3.03, Amended and Renumbered 3-1-79, Amended 4-26-87, 8-31-88, 6-4-92, 6-13-93, Formerly 17-4.246.

Fla. Admin. Code R. 62-4.249 Preservation of Rights

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.091, 403.101, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702, 402.708 FS. History–New 3-1-79, Amended 8-31-88, Formerly 17-4.249, Repealed 2-16-12.

Fla. Admin. Code R. 62-4.250 Water Pollution Temporary Operation Permits; Conditions

History

• Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088(5)(c) FS. History– New 5-17-72, Amended 3-26-74, Formerly 17-4.25, Amended 8-31-88, 9-13-89, Formerly 17-4.250, Repealed 2-16-12.

Fla. Admin. Code R. 62-4.510 Scope of Part III

This Part defines general permits and establishes the procedures for persons who may wish to use a general permit, except that the procedures for any person who may wish to use a general permit for a source of air pollutant emissions, and all conditions of such a general permit, are established at Chapters 62-210 and 62-213, F.A.C. The provisions of this Part shall not apply to activities regulated under Part IV of Chapter 373, F.S. However, this Part shall continue to apply to those activities grandfathered under Sections 373.414(11), (12)(a), (13), (14), (15), (16) and 373.4145(6), F.S.

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.109, 373.113, 373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.814(1) FS. Law Implemented 373.026, 373.044, 373.109, 373.409, 373.413, 373.4135, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.418, 403.021, 403.031, 403.061, 403.087, 403.088, 403.814, 403.702-.73, 403.851-.864 FS. History–New 7-8-82, Formerly 17-4.51, Amended 8-31-88, Formerly 17-4.510, Amended 4-18-95, 7-4-95, 10-16-95, 4-16-01, 10-1-07.

Fla. Admin. Code R. 62-4.520 Definition

A general permit is a permit issued by rule of the Department pursuant to Section 403.814, F.S., which authorizes persons to undertake certain activities which cause minimal adverse environmental impact when performed in accordance with specific requirements and practices set forth in the general permit. A general permit also constitutes water quality certification pursuant to Section 401, Public Law 92-500, 33 USC Section 1341, for the activity described in the general permit when the activity is performed in accordance with all applicable rules of the Department.

History

• Rulemaking Authority 403.814 FS. Law Implemented 403.061, 403.087, 403.088, 403.814, 403.702-.73, 403.851-.864, 403.91-.938 FS. History–New 7-8-82, Formerly 17-4.52, Amended 8-31-88, 7-11-90, Formerly 17-4.520.

Fla. Admin. Code R. 62-4.530 Procedures

(1) Persons wishing to use one or more of the general permits set forth in the Department’s rules shall, at least 30 days before beginning any work, notify the Department in writing or on forms adopted by the department. They shall describe the proposed project, and include supporting documents depicting the proposed project, its location, and other pertinent information as required by rule to demonstrate that they qualify for the requested general permit. Persons wishing to use a general permit shall notify the appropriate office of the Department in writing. Persons wishing to use a general permit are hereby placed on notice that projects undertaken without proof of notice to the Department shall be considered as being undertaken without a permit and shall be subject to enforcement pursuant to Section 403.161, F.S.

(2) A proposed project which may be reasonably expected to violate air quality standards, water quality standards, or drinking water standards or which will not meet the public interest requirements set forth in Chapter 403, F.S., shall not be entitled to use of a general permit.

(3) Pursuant to Section 258.397, F.S., no project which is located in the Biscayne Bay Aquatic Preserve is eligible for a general permit.

(4) Suspension or revocation of the use of a general permit shall be in accordance with Chapter 120, F.S. Good cause for the suspension or revocation shall include:

(a) Submission of false or inaccurate information in the notification for use of a general permit or in the required reports;

(b) Violation of law, Department orders, rules or permit conditions;

(c) Refusal of lawful inspection under Section 403.091, F.S., or

(d) Any other act on the part of the permittee in the use of the general permit which results or may result in harm or injury to human health or welfare, or which causes harm or injury to animal, plant or aquatic life, or to property.

(5) Unless otherwise required as part of a specific category of general permit, persons qualifying for the use of a general permit are not required to, but may, publish in a newspaper of general circulation in the area affected by the proposed project a notice of intent to use a general permit. The notice, if published, shall follow substantially the format in Rule 62-103.150, F.A.C., and shall be published within 14 days of the date when the department receives notification pursuant to subsection 62-4.530(1), F.A.C. No person who has published notice shall begin work until after the 21 days for requesting a hearing has passed or a hearing is held and a decision is rendered.

(6) Any person complying with the requirements of a general permit may use the permit 30 days after giving notice to the Department without any agency action. When no agency action is taken, unless the Department or the applicant publishes notice of the application, the provisions of Chapter 120, F.S., granting to affected parties the right to an administrative hearing do not apply.

History

• Rulemaking Authority 403.814(1) FS. Law Implemented 258.397, 403.061, 403.087, 403.088, 403.702-.73, 403.814, 403.851-.864 FS. History–New 7-8-82, Amended 6-16-84, Formerly 17-4.53, Amended 8-31-88, 3-19-90, Formerly 17-4.530.

Fla. Admin. Code R. 62-4.540 General Conditions for All General Permits

(1) The terms, conditions, requirements, limitations, and restrictions set forth in this Part are “general permit conditions” and are binding upon the permittee. The conditions are enforceable under Chapter 403, F.S.

(2) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. The permittee is placed on notice that violation of the permit may result in suspension or revocation of the permittee’s use of the general permit and may cause the Department to begin legal proceedings.

(3) The general permit does not convey any vested rights or any exclusive privileges. It does not authorize any injury to public or private property nor any invasion of personal rights. It does not authorize any infringement of federal, state or local laws or regulations. It does not eliminate the necessity for obtaining any other federal, state or local permits that may be required, or allow the permittee to violate any more stringent standards established by federal or local law.

(4) The general permit does not relieve the permittee from liability and penalties when the construction or operation of the permitted activity causes harm or injury to human health or welfare; causes harm or injury to animal, plant or aquatic life; or causes harm or injury to property. It does not allow the permittee to cause pollution in contravention of Florida Statutes and Department rules.

(5) The general permit conveys no title to land or water, nor does it constitute State recognition or acknowledgment of title. It does not constitute authority for reclamation of submerged lands. Only the Board of Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

(6) No general permit shall authorize the use of state owned land without the prior consent of the Board of Trustees of the Internal Improvement Trust Fund pursuant to Section 253.77, F.S.

(7) The general permit may be modified, suspended or revoked in accordance with Chapter 120, F.S., if the Secretary determines that there has been a violation of any of the terms or conditions of the permit, there has been a violation of state water quality standards or state air quality standards, or the permittee has submitted false, incomplete or inaccurate data or information.

(8) The general permit shall not be transferred to a third party except pursuant to Rule 62-4.120, F.A.C.

(9) The general permit authorizes construction and, where applicable, operation of the permitted facility.

(10) The permittee agrees in using the general permit to make every reasonable effort to conduct the specific activity or construction authorized by the general permit in a manner that will minimize any adverse effects on the adjacent property or on public use of the adjacent property, where applicable, and on the environment, including fish, wildlife, natural resources of the area, water quality or air quality.

(11) The permittee agrees in using the general permit to allow a duly authorized representative of the Department access to the permitted facility or activity at reasonable times to inspect and test upon presentation of credentials or other documents as may be required by law to determine compliance with the permit and the department rules.

(12) The permittee agrees to maintain any permitted facility, or activity in good condition and in accordance with the plans submitted to the department under subsection 62-4.530(1), F.A.C.

(13) A permittee’s use of a general permit is limited to five years. However, the permittee may request continued use of the general permit by notifying the department pursuant to subsection 62-4.530(1), F.A.C. However, the permittee shall give notice of continued use of a general permit thirty days before it expires.

History

• Rulemaking Authority 403.814(1) FS. Law Implemented 253.123, 253.124, 403.061, 403.087, 403.088, 403.702-.73, 403.814, 403.851-.864 FS. History–New 7-8-82, Formerly 17-4.54, Amended 8-31-88, Formerly 17-4.540.

Chapter 62-6 STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS

Fla. Admin. Code R. 62-6.001 General

(1) The provisions of Part I (Rules 62-6.001 through 62-6.016, F.A.C.) of this chapter apply to all areas of the state except where specific provisions in Part II (Rules 62-6.017 through 62-6.0182, F.A.C.), addressing the Florida Keys, or specific provisions in Part IV (Rules 62-6.025 through 62-6.0295, F.A.C.), addressing performance-based treatment systems, exempt or modify compliance with Part I. Part III (Rules 62-6.019 through 62-6.024, F.A.C.) addresses the qualifications and registration of septic tank contractors and private provider inspectors, and the authorization of partnerships and corporations. Part V (Rule 62-6.030, F.A.C.) addresses fees for services throughout the chapter. The provisions of this chapter must be used in conjunction with Chapter 381, Chapter 403, and Part III of Chapter 489, F.S.

(2) Structures used or intended for human occupancy, employment or service to the public and locations where people congregate, such as construction sites, fairs, and field locations for agricultural workers shall provide approved wastewater treatment and disposal systems. Except for the provisions of Rule 62-6.0101, F.A.C., permanent structures shall not rely upon the use of holding tanks and portable toilets for wastewater treatment and disposal.

(3) Combination of commercial and domestic sewage into a single system shall require that all the sewage be treated as commercial sewage.

(4) Except as provided for in Section 381.00655, F.S., any existing and prior approved system which has been placed into use and which remains in satisfactory operating condition shall remain valid for use under the terms of the rule and permit under which it was approved. Alterations that change the conditions under which the system was permitted and approved, sewage characteristics or increase sewage flow will require that the owner, or their authorized representative, apply for and receive reapproval of the system by the Department, prior to any alteration of the structure, or system. If an applicant requests that the Department consider the previous structure’s or establishment’s most recent approved occupancy, the applicant must provide written documentation that the onsite sewage treatment and disposal system was approved by the Department for that previous occupancy.

(a) An applicant will be required to complete an application, and provide a site plan in accordance with rule 62-6.004, F.A.C., to provide information of the site conditions under which the system is currently in use and conditions under which it will be used.

(b) The applicant shall have all system tanks pumped by a permitted septage disposal service. A registered septic tank contractor, state-licensed plumber, person certified under Section 381.0101, F.S., or master septic tank contractor shall determine the tank volume and shall perform a visual inspection of the tank when the tank is empty to detect any observable defects or leaks in the tank. The tank volume shall be obtained from the tank legend or shall be calculated from measured internal tank dimensions for length, width and depth to the liquid level line or from the measured outside dimensions for length and width minus the wall thickness and depth to the liquid level line. For odd shaped tanks and tanks without a legend, metered water flows from the refilling of the tank may be used in lieu of measured inside or outside tank dimensions. The person performing the inspection shall submit the results to the Department as part of the application in accordance with rule 62-6.004, F.A.C.

(c) If a prior approved existing system has been approved within the preceding five years, and the system was determined to be in satisfactory operating condition at that time, a new inspection is not required unless there is a record of failure of the system. If it is determined that a new inspection is not required, only the application fee shall be charged for this application and approval.

(d) If the use of a building is changed or if additions or alterations to a building are made which will increase domestic sewage flow, change sewage characteristics, or compromise the integrity or function of the system, the onsite sewage treatment and disposal system serving such building shall be brought into full compliance with the provisions and requirements of these rules.

1. Proper well setbacks shall be maintained.

2. Prior to any modification of the system, the owner shall apply for and obtain a permit for modification of the system from the Department in accordance with Rule 62-6.004, F.A.C. The permit shall be valid for 18 months from the date of issue. Where building construction has commenced, it shall be valid for an additional 90 days.

3. Necessary site investigations and tests shall be performed at the expense of the owner by either an engineer with soils training who is licensed in the state of Florida pursuant to Chapter 471, F.S., registered septic tank contractors, master septic tank contractors, or persons certified under Section 381.0101, F.S., or Department personnel for the appropriate fee specified in Section 381.0066, F.S.

(e) For residences, flows shall be calculated using new system criteria for bedrooms and building area, including existing structures and any proposed additions. Table I and footnotes shall apply. No part of the existing structure, or the addition to the structure shall be allowed to cover any part of the system. Non-load bearing structures, such as a concrete patio floor, are allowed to cover the septic tank, provided that access to the tank is provided for maintenance. The structure above the septic tank shall have a minimum opening of 225 square inches at each end of the septic tank for access into the tank. The structure shall not be in direct contact with the tank. A barrier of soil or plastic shall be used between the tank and non-load bearing structure. A modification, replacement, or upgrade of an onsite sewage treatment and disposal system is not required for a remodeling addition if a bedroom is not added. For those residences that add sewage flow, the system shall be required to be altered to meet the following criteria:

1. The septic tank need not be replaced if it is structurally sound and is within one tank size of the required specifications found in Table II, for the proposed structure. An approved outlet filter shall be installed if one is currently not in place. If existing tanks are not within one tank size of the required specifications found in Table II, for the proposed structure, they shall be replaced or supplemented to meet current sizing requirements. If a new tank is installed in series, the resulting configuration must meet the sizing requirements for tanks-in-series in Rule 62-6.013, F.A.C.

2. The Department shall require the existing drainfield to be increased to current rule drainfield size requirements for the proposed estimated sewage flow using the appropriate soil loading rate and sizing criteria for new systems. Where the existing elevation of the bottom surface of the drainfield is less than 24 inches above the wet season high water table, the bottom of the drainfield shall be maintained at the existing separation or a minimum of 12 inches above the wet season high water table, whichever is greater.

3. Where the bottom of the drainfield is less than 12 inches above the wet season high water table, the drainfield shall be brought into full compliance with all new system standards, as long as it is the intent of the applicant to proceed with the addition to the residence.

(f) For commercial establishments, the system shall not be required to be altered if domestic sewage flow is not expected to increase by more than 20% of original design flow or require more than one tank size adjustment. A Department approved outlet filter device shall be installed. Any system which is used to treat and dispose of commercial wastewater shall be brought into full compliance with the provisions and requirements of current rules when there is any increase in sewage flow or increase in waste strength.

(g) These requirements do not authorize a residence or establishment to exceed the lot flow allowances authorized under paragraph 62-6.005(7)(c), F.A.C. Establishments that currently exceed lot flow allowances shall not be allowed to increase sewage flow.

(h) The installation of a laundry system, a gray water system, a grease interceptor, or additional drainfield as a precautionary measure to prolong system functioning of an existing system is considered a modification to the system. Such installation is not a modification if it is associated with an increase in estimated sewage flow or change in sewage characteristics, if the system is in failure or if the existing system is in non-compliance with the terms of the original permit, in which case it will be considered a new system.

(i) If an existing system is disconnected from a structure that was made unusable or destroyed following a disaster, the system may be reconnected to a rebuilt structure per the provisions of Section 381.0065(4)(x), F.S.

(5) The Department Procedure for Voluntary Inspection and Assessment of Existing Systems, May, 2000, herein incorporated by reference (formerly from Department of Health) shall be applied except in situations pertaining to an increase in sewage flow or change in sewage characteristics, or failure of the system. The inspection is designed to assess the condition of a system at a particular moment in time. The inspection will identify obviously substandard systems, for example systems without drainfields. The inspection is not designed to determine precise code compliance, nor provide information to demonstrate that the system will adequately serve the use to be placed upon it by this or any subsequent owner. Nothing in this section shall be construed to limit the amount of detail an inspector may provide at their professional discretion. Persons allowed to perform work under this section shall be master septic tank contractors, registered septic tank contractors, state-licensed plumbers, and persons certified under Section 381.0101, F.S. Department employees are excluded from performing these evaluations. Aerobic treatment units and performance-based treatment systems shall not be evaluated using this criteria, but shall be evaluated by the approved maintenance entity which maintains the unit or system. Nothing in this section restricts the person having ownership of, control of, or use of an onsite sewage treatment and disposal system from requesting a partial inspection. The inspector shall provide the person requesting the inspection a copy of the Department Procedure for Voluntary Inspection and Assessment of Existing Systems and written notice of their right to request an inspection based on part or all of the standards.

(6) In accordance with subsection 381.0065(4), F.S., a municipality or political subdivision of the state may not issue a building or plumbing permit for any building that requires the use of an onsite sewage treatment and disposal system unless the owner or builder has received a construction permit for such system from the Department.

(7) Where the Department has adopted a basin management action plan for nutrient total maximum daily loads that includes an onsite sewage treatment and disposal system remediation plan, pursuant to applicable Florida law, the following requirements apply:

(a) Onsite sewage treatment and disposal system permits must incorporate the applicable remediation plan requirements or the requirements of this chapter, whichever are more stringent. The remediation plan requirements of the onsite sewage treatment and disposal system and requirements of this chapter, whichever are more stringent, are projected to not cause or contribute to the exceedance of the nutrient total maximum daily load established as of the date of the permit application.

(b) The permit application must identify the lot as being subject to a basin management action plan, onsite sewage treatment and disposal system remediation plan. Unless otherwise specified in the remediation plan, a lot is subject to these requirements when the boundary of a delineated area for an onsite sewage treatment and disposal system remediation plan encompasses or intersects the lot, or if the remediation plan otherwise identifies the lot as subject to its requirements. The permit application must specifically identify additional stringent requirements of an onsite sewage treatment and disposal system remediation plan and how the more stringent requirements will be met.

(c) If the onsite sewage treatment and disposal system remediation plan has provisions that exempt or otherwise allow for relief from total compliance with the remediation plan requirements, the permit applicant must provide documentation affirmatively demonstrating that the thresholds for the exemption or other relief are met.

(8) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

Editorial Note: Ratified by Ch. 2023-308, LOF.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(4)(e), 381.0065(8)(h), 403.061, 489.553(3), 489.557(1) FS. Law Implemented 381.0065, 381.0067, 386.041, 489.553 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.41, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.041, Amended 11-19-97, 2-3-98, 3-22-00, 9-5-00, 5-24-04, 11-26-06, 6-25-09, 4-28-10, 7-16-13, Formerly 64E-6.001, Amended 6-28-23, 7-9-25.

Fla. Admin. Code R. 62-6.002 Definitions

For the purposes of this chapter, words and phrases have the following meanings:

(1) Absorption surface – the total surface area of soil at the bottom of the drainfield.

(2) Accelerated certification training – a training program established by the Department regarding general onsite sewage treatment and disposal system regulations, including permitting, and inspection topics such as site evaluation, system design, system material and construction standards, regulatory requirements, and soil morphology. The training program requires a minimum of 24 hours of pre-certification coursework which is presented in several parts. Satisfactory completion of the accelerated certification training requires an individual examination and a passing score for each part of the training program.

(3) Aerobic treatment unit – a sewage treatment unit which introduces air into sewage to provide aerobic biochemical stabilization within a treatment receptacle.

(4) Alternative system – any approved onsite sewage treatment and disposal system used in lieu of, including modifications to, a standard subsurface system.

(5) American National Standards Institute, hereafter referred to as ANSI – an organization comprised of trade associations, technical societies, professional groups, consumer organizations, and individual companies with headquarters located at 1430 Broadway, New York, New York 10018. This organization acts as a clearinghouse and coordinating body for voluntary standards activities in the United States, and approves as American National Standards those standards that have been developed according to its principles of openness, due process and consensus. Among its activities is accreditation of third-party certification programs.

(6) American Society for Testing Materials hereafter referred to as ASTM – a technical society with headquarters located at 1916 Race Street, Philadelphia, Pennsylvania 19103, which develops and publishes national standards for the testing and quality assurance of construction materials.

(7) Approved or approval – where a permitted onsite sewage treatment and disposal system is constructed and installed subject to the standards and requirements of this chapter, and the following types of approval:

(a) Construction approval – the Department or a private provider inspector will grant construction approval following a satisfactory construction inspection of the construction and installation of the system. The Department or a private provider inspector, or authorized representative of the private provider inspector, must conduct the construction inspection. The construction approval of the system or a component of the system is only a partial or preliminary approval based on the compliant status of the system at the time of inspection.

(b) Final installation approval – the Department will grant final installation approval after the complete construction and installation of the system and after confirmation that the system complies with the statutory requirements and this chapter’s applicable rules, standards, and requirements. “Approved” or “approval” of a final installation does not imply that a system will perform satisfactorily for a specific period of time.

(8) Approved maintenance entity – any person or business entity which has been issued a written permit by the Department to provide maintenance services associated with approved onsite aerobic treatment units or performance-based treatment systems.

(9) Aquifer – a geological formation, group of formations, or part of a formation that is capable of yielding potentially usable quantities of potable water from wells or springs.

(10) Available publicly owned or investor-owned sewerage system – as defined by Section 381.0065(2), F.S.

(11) Base flood – the flood having a one percent chance of being equaled or exceeded in any given year.

(12) Bedroom – as defined by Section 381.0065(2), F.S.

(13) Building Area – that enclosed habitable area of a dwelling unit, excluding the garage, carport, exterior storage shed, or open or screened patios or decks. Calculations of building area shall be made by measurements of the outside building dimensions. Building area of each additional story of the structure shall be added to determine the total building area.

(14) Commercial Sewage Waste – Non-toxic, non-hazardous wastewater from commercial facilities. Examples of establishments included in this definition are commercial and institutional food operations, commercial laundry facilities with no more than 4 machines, and animal holding facilities.

(15) Construction inspection – critical assessment and evaluation of the construction, installation, modification, abandonment, or repair of an onsite sewage treatment and disposal system performed by an individual qualified under Florida statute or rule to perform the inspection. Each construction inspection does not extend beyond one calendar day.

(16) Department – the Department of Environmental Protection including authorized agents of the individual district offices.

(17) Domestic sewage waste – as defined by Section 381.0065(2), F.S. Domestic sewage is further categorized as:

(a) Blackwater – as defined by Section 381.0065(2), F.S.

(b) Graywater – as defined by Section 381.0065(2), F.S.

(c) Domestic sewage waste ranges:

1. Carbonaceous Biochemical Oxygen Demand (CBOD5), maximum 300 mg/l,

2. Total Suspended Solids (TSS), maximum 200 mg/l,

3. pH, 6 – 8; or within 1 pH unit of the water supply pH; and,

4. Nitrogen (Total Kjeldahl Nitrogen, TKN) maximum 100 mg/l.

(18) Dosing Tank – See Pump Tank.

(19) Drainage Ditch – a trench dug for the purpose of draining water from the land or for transporting water for use on the land. Swales are excluded from this definition.

(20) Drainfield – a system of open-jointed or perforated piping, approved alternative distribution units, or other treatment facilities designed to distribute effluent for filtration, oxidation and absorption by the soil within the zone of aeration.

(21) Dwelling unit – a residence for the housing of a single family whether such residence is a detached structure or a unit of a multiple family building.

(22) Effective capacity – the liquid volume of a tank contained below the liquid level line.

(23) Effective soil depth – the depth of slightly or moderately limited soil material at an onsite sewage treatment and disposal system drainfield site.

(24) Establishment – a multi-family housing, apartment, condominium or townhouse complex, a mobile home park or recreational vehicle park, a non-residential commercial or institutional development or places of business or assembly. An establishment includes all buildings or structures, and the land appertaining thereto and shall have an owners association or other legal entity which is responsible for maintenance and operation of the development’s sewage treatment and disposal facilities.

(25) Failure – a condition existing within an onsite sewage treatment and disposal system which prohibits the system from functioning in a sanitary manner and which results in the discharge of untreated or partially treated wastewater onto ground surface, into surface water, into ground water, or which results in the failure of building plumbing to discharge properly.

(26) Filled System – a drainfield system where a portion, but not all, of the drainfield sidewalls are located at an elevation above the elevations of undisturbed native soil on the site.

(27) Flooding – a covering of soil surface by water from any source, such as streams overflowing their banks, runoff from adjacent or surrounding slopes, elevation of the ground water table exceeding that of the soil surface, or combinations of these. Terms also associated with flooding and used elsewhere in this chapter are:

(a) Frequent – flooding which occurs more than once every two years on the average;

(b) Ten year flood elevation – that flood elevation which has a 10 in 100 probability of being equaled or exceeded in any calendar year.

(28) Florida Keys – as defined by Section 381.0065(2), F.S.

(29) Food Establishment Sludge – oils, fats, greases, food scraps and other grease interceptor contents generated by a food operation or institutional food preparation facility using an onsite sewage treatment and disposal system.

(30) Impermeable – when used in reference to Section 381.0065(2), F.S., shall mean a condition where the maximum hydraulic conductivity is less than or equal to 1 x 10-7 centimeters per second.

(31) Industrial, hazardous or toxic sewage waste – wastewater not otherwise defined as domestic sewage waste or commercial sewage waste. Wastewater carried off by floor drains, utility sinks and equipment drains located in buildings in industrial or manufacturing areas, estimated volumes of commercial sewage wastes exceeding 5,000 gallons per day, wastewater from commercial laundry facilities with more than 4 self-service machines, and wastewater from car and truck washes are included in this definition.

(32) Innovative system – as defined by Section 381.0065(2), F.S.

(33) Installer – a registered septic tank contractor, master septic tank contractor, contractor as defined by paragraph 489.105(3)(m), F.S., or a person who is under the supervision and control of such contractors during the construction, installation, repair, modification, or abandonment of an onsite sewage treatment and disposal system.

(34) Limitation ratings – Soil classification ratings which describe the relative suitability of soils to properly assimilate sewage effluent. The three rating categories for the purpose of this rule are:

(a) Slightly limited – soil materials with favorable properties for the use of a drainfield.

(b) Moderately limited – soil materials that have properties moderately favorable for the use of a drainfield.

(c) Severely limited – soil materials which have one or more properties unsuitable for the use of a drainfield.

(35) Lot – as defined by Section 381.0065(2), F.S.

(36) Mean annual flood line – as defined by Section 381.0065(2), F.S.

(37) Mean annual flood line indicators– as used in Section 381.0065(2), F.S. means:

(a) Water stains – shall mean the same as the hydrologic indicator used in the Florida Wetlands Delineation Manual, under the definition of “Water marks”;

(b) Hydric adventitious roots – shall mean the same as the hydrologic indicator used in the Florida Wetlands Delineation Manual, under the definition of “Morphological plant adaptations”;

(c) Drift lines – shall mean the same as the hydrologic indicator used in the Florida Wetlands Delineation Manual, under the definition of “Drift lines and rafted debris”;

(d) Rafted debris – shall mean the same as the hydrologic indicator used in the Florida Wetlands Delineation Manual, under the definition of “Drift lines and rafted debris”;

(e) Aquatic mosses and liverworts – shall mean the same as the hydrologic indicator used in the Florida Wetlands Delineation Manual, under the definition of “Aquatic mosses and liverworts”;

(f) Moss collars – a proliferation of terrestrial mosses and liverworts that mark the upper limits of the mean annual flood line;

(g) Lichen lines – shall mean the same as the hydrologic indicator used in the Florida Wetlands Delineation Manual, under the definition of “Elevated lichen lines.”

(38) Mean high water – the average height of tidal high waters over a 19-year period.

(39) Mean high water line – the intersection of the tidal plane of mean high water with the shore.

(40) Mound system – a drainfield constructed at a prescribed elevation in a prepared area of fill material. All drainfields where any part of the bottom surface of the drainfield is located at or above the elevation of undisturbed native soil in the drainfield area is a mound system.

(41) National Sanitation Foundation International, hereafter referred to as NSF – a not for profit research, education and service organization located at 3475 Plymouth Road, Ann Arbor, Michigan 48106, that develops standards and criteria for equipment, products and services that bear upon health.

(42) Non-potable water well – a well intended exclusively for irrigation purposes, or for supplying water to a heat pump system or a well for receiving discharge water from a heat pump system.

(43) “O” Horizon – the layer of organic matter on the surface of a mineral soil. This soil layer consists of decaying plant residues.

(44) Obstructed land – those areas on a lot or property used for such purposes as pools, concrete slabs, buildings, driveways, parking and similar areas which prohibit, hinder, or affect the installation, operation or maintenance of an onsite sewage treatment and disposal system.

(45) Onsite sewage treatment and disposal system, also referred to as system – as defined by Section 381.0065(2), F.S. Appurtenances installed within the building sewer prior to a treatment receptacle shall not be included in this definition. Systems covered by Chapter 403, F.S., are not included in this definition.

(46) Potable water line – as defined by Section 381.0065(2), F.S.

(47) Potable water well – a source of water used for drinking, culinary or domestic purposes. The following classifications of potable wells are used in this chapter.

(a) Private potable well – a well used only by one or two residences, one of which may be a rental residence.

(b) Public drinking water well – a well serving any drinking water system other than a private water system. Public systems are classified in the following manner:

1. Community public water system – as defined in Section 403.852, F.S., such water system serves a year-round residential population of at least 25 people per day or has a minimum of 15 year-round residential service connections.

2. Non-community public water system – as defined in Section 403.852, F.S., such water system serves a transient population of at least 25 people per day at least 60 days per year or has a minimum of 15 non-residential service connections.

3. Non-transient non-community public water system – as defined in Section 403.852, F.S., such water system is not a community water system, but is a system that regularly serves at least 25 of the same people for over 6 months of the year.

4. Limited use public water system – a public water system not regulated by the Florida Safe Drinking Water Act or Chapter 62-550, 62-555, or 62-560 of the F.A.C., and further specified as limited use commercial public water system which provides piped potable water to one or more non-residential establishments and limited use community public water system which provides piped potable water to five or more private residences or two or more rental residences.

(c) Multi-family water well – a well that is used by three or four residences, one of which may be a rental residence.

(48) Private provider inspector – a person who meets the requirements of subsection 381.0065(8), F.S., who is hired by the owner of the system, or by a contractor with the owner’s written authorization, to perform construction inspections pursuant to the applicable regulatory requirements for an onsite sewage treatment and disposal system inspection.

(49) Pump tank – a tank, or dedicated section of a multi-compartment tank used to locate a pump that is used to distribute effluent to a drainfield, or other part of an onsite sewage treatment and disposal system.

(50) Regulatory floodway – means the channel of a river or other water course and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

(51) Repair – replacement of or modifications or additions to a failing system which are necessary to allow the system to function in accordance with its design or must be made to eliminate a public health or pollution hazard. Servicing or replacing with like kind mechanical or electrical parts of an approved onsite sewage treatment and disposal system; or making minor structural corrections to a tank, or distribution box, does not constitute a repair. The use of any treatment method that is intended to improve the functioning of any part of the system, or to prolong or sustain the length of time the system functions, shall be considered a repair. The use of any non-prohibited additive by the system owner, through the building plumbing, shall not be considered a repair. Removal of the contents of any tank or the installation of an approved outlet filter device, where the drainfield is not disturbed, shall not be considered a repair. Replacement of a broken lid to any tank shall not be considered a repair. Splicing a drip emitter line where no emitter is eliminated shall not be considered a repair.

(52) Septage – as defined by Section 381.0065(2), F.S. Excluded from this definition are the contents of portable toilets, holding tanks, and grease interceptors.

(53) Septic tank – a watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal into a drainfield.

(54) Spoil material – any part of the existing drainfield, any adjacent soil material within 24 inches vertically and 12 inches horizontally of the drainfield, and any soil that has visible signs of effluent that has been removed as part of a repair, modification or abandonment of an onsite sewage treatment and disposal system.

(55) Standard subsurface drainfield system – an onsite sewage treatment and disposal system drainfield consisting of a distribution box or header pipe and a drain trench or absorption bed with all portions of the drainfield sidewalls installed below the elevation of undisturbed native soil.

(56) Subdivision – as defined by Section 381.0065(2), F.S.

(57) Surface water bodies – are classified as.

(a) Permanent nontidal surface water body – as defined by Section 381.0065(2), F.S.

(b) Tidally influenced surface water body-as defined by Section 381.0065(2), F.S.

(58) Swale – a manmade, vegetatively-stabilized trench which contains contiguous areas of standing or flowing water for less than 72 hours following a rainfall event. A swale has a top width-to-depth ratio of the cross-section equal to or greater than 6:1, or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical.

(59) Temporary – a single period or an accumulation of periods not exceeding 120 total days in any 365-day period.

(60) Toxic or hazardous chemical – as defined by Section 381.0065(2), F.S.

(61) Undisturbed native soil – soil which has been deposited onto a site by the actions of nature and which has not been disturbed or altered by the activities of man.

(62) Water table elevation – the upper surface of the groundwater or that level below which the soil or underlying rock material is wholly saturated with water. Water table elevation is measured from the soil surface downward to the upper level of saturated soil or up to the free water level.

(63) Wettest season – that period of time each year in which the ground water table elevation can normally be expected to be at its highest elevation.

History

• Rulemaking Authority 381.0064, 381.0065(3)(a), 381.0065(3)(c), 381.0065(8)(h) FS. Law Implemented 381.0064, 381.0065 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.42, Amended 3-17-92, 1-3-95, Formerly 10D-6.042, Amended 11-19-97, 3-22-00, 11-26-06, 7-16-13, Formerly 64E-6.002, Amended 7-9-25.

Fla. Admin. Code R. 62-6.003 Permits and Inspections

(1) System Construction Permit. A person may not construct, repair, modify, or abandon an onsite sewage treatment and disposal system without first obtaining a system construction permit approved in accordance with this chapter. The Department issues the system construction permit on Form DEP 4016, effective date 07-09-2025, Construction Permit and Inspection, herein adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-18173. Copies of this document are available as provided in subsection (7) below.

(a) Amended System Construction Permit. The Department shall only require the permittee to conform to new or additional permit conditions for good cause and after notice and, if requested, an administrative hearing pursuant to section 120.57, F.S. The Department shall allow the permittee time to conform to the new or additional conditions by extending the expiration date of any amended system construction permit by 180 days and any amended repair system construction permit by 90 days from the prior expiration date.

(b) For the purpose of this paragraph, good cause shall include any of the following:

1. A showing of any change or difference in the environment, including site conditions, or surrounding conditions that requires a revision to conform to applicable requirements pursuant to this chapter.

2. Adoption or revision of statutes, rules, or standards, which require the revision of a permit condition for compliance.

3. A showing that there are material and substantial alterations or additions to the permitted onsite sewage treatment and disposal system, which occurred after permit issuance which justify the application of permit conditions that are different in or absent from the existing permit.

4. The Department’s receipt of new information which was not available at the time of permit issuance and would have justified the application of different permit conditions at the time of issuance.

5. A showing that there is a technical mistake in a permit condition which needs to be corrected.

(c) If amendments to a system construction permit are made at an applicant’s request, the applicant must pay a permit application amendment fee.

(d) If building construction has commenced, the system construction permit shall be valid for an additional 90 days beyond the eighteen month expiration date. A fee shall not be charged for a repair system construction permit issued within 12 months from the date of final installation approval of the onsite sewage treatment and disposal system.

(e) If a system construction permit for an onsite sewage treatment and disposal system is transferred to another person the date of the system construction permit shall not be amended, but shall run from the date of original issuance prior to the transfer. Rule 62-6.002, F.A.C., defines what is and what is not considered a repair. All repairs require a system construction permit.

(2) Construction Inspection. Before sealing manhole covers or covering with fill material, a person installing, repairing, modifying, replacing, abandoning, or constructing any portion of an onsite sewage treatment and disposal system must notify the Department or an authorized private provider inspector to schedule and complete a construction inspection. The construction inspection must meet the following requirements:

(a) The construction inspection must be performed onsite in person by an individual qualified to perform an inspection of the system in accordance with statutory and rule requirements.

(b) The construction inspection results must be recorded on Part 2 of Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C. Copies of this document are available as provided in subsection (7) below. A separate inspection form is required for each site visit to assess and record conditions of the system construction at the time of inspection.

(c) At each construction inspection, the inspector must assess and record all items listed on the inspection form and must document the observations and status on the day and time of the inspection. A construction inspection is not complete unless, during the inspection, each item on the inspection form is observed and the condition of the system is recorded.

(d) The construction inspection must confirm compliance with the appropriate statutory and regulatory requirements, this chapter and the information on the system construction permit.

(e) The inspector must document the inspection with photographs of the system being inspected, which shall include information about time and location of the photograph through electronic metadata or included in the notes of the report. A minimum of one photograph should clearly depict the overall layout of the system in relation to the associated structure, including the system's placement and orientation. Such photographs must show an overview of the system installation relative to the structure, the number of drainlines, and extent of drainfield. Any components or aspects of the installation that do not meet regulatory standards must be documented with detailed photographs highlighting the specific areas of concern. Photographs must be in an acceptable digital format (JPEG or PNG) and submitted electronically along with the inspection report.

(f) All construction inspections for a system construction permit must be performed before the system construction permit expires, including any authorized extension. If the construction inspections are not completed prior to the system construction permit expiration, a construction permit application must be resubmitted for review and issuance from the Department on Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., which is available as provided in subsection (7) below.

(g) If the observed portion of the system construction is approved after an inspection by the Department or private provider inspector, the Department or private provider inspector must notify the installer of the inspection results recorded on the inspection form, Part 2 of Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., by providing a copy of all the inspection forms involved in inspecting the system. Part 2 of Form DEP 4016 is available as provided in subsection (7) below. The inspection form, Part 2 of Form DEP 4016, must record the items that are in compliance, the items that are not applicable for the particular system construction permit involved, the items that were unobserved and need to be addressed before a final installation approval, and specify which inspection items were out of compliance and must be addressed before a final installation approval will be granted by the Department.

(h) When the Department or private provider inspector disapproves the inspected portion of the system construction due to noncompliance, the inspector must record the disapproval and notify the installer of the inspection results by providing a copy of the disapproved inspection report, documented on the inspection form (Part 2 of Form DEP 4016), which is adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., and is available as outlined in subsection (7) below. The disapproved inspection report on Part 2 of Form DEP 4016 must list the items in compliance, the items not applicable to the specific system construction permit, the unobserved items requiring resolution before final installation approval, and the inspection items found which are out of compliance. The report must also specify the corrective actions needed for final installation approval by the Department. Upon disapproval, the following actions are required to address the noncompliant items:

1. The installer shall make all required corrections and notify the Department or private provider inspector conducting the inspection of the completion of the work prior to the required reinspection of the system. A reinspection fee shall be charged to the installer for each additional Department inspection conducted until the final installation approval is issued by the Department.

2. If the inspection records identify a need for a permit amendment per subsection 62-6.003(1), F.A.C., the system construction inspection must be disapproved. The Department will notify the applicant or authorized agent listed on Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., when the Department re-issues or denies the amended system construction permit.

(i) The Department will not grant final installation approval until the Department has confirmed that all requirements in statute, this chapter, and the system construction permit are met, including confirmation that the building construction and lot grading comply with the plans and specifications in the permit as issued. The Department will issue a final installation approval notice in writing to the applicant or authorized agent listed on Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., by providing a copy of the Department’s final installation approval recorded on Part 2 of Form DEP 4016. The following are required prior to final installation approval:

1. If subsection 62-6.004(4), F.A.C., and paragraph 62-6.009(7)(a), F.A.C., require the system to be designed by a Florida-licensed engineer, the Department requires the design engineer or their designee, who must also be a Florida-licensed engineer, to inspect the installed system and certify its compliance with the approved design and installation requirements. The certification must state: “I certify that the engineering features of this onsite sewage treatment and disposal system as installed have been examined by me and found to comply with all specifications contained in the engineering design that was the basis for issuance of the construction permit. I certify that the required components are installed for the system to function as permitted and designed. I certify that there is reasonable assurance, in my professional judgment, that the system, when properly operated and maintained, will comply with all applicable statutory requirements and rules of the Department.” Single-family residences are excluded from this requirement; however, performance-based treatment systems must comply with subsection 62-6.027(5), F.A.C., for all installations. The design engineer must approve all changes to the engineering specifications.

2. A reinspection fee is required for each system construction inspection performed by the Department prior to the Department granting final installation approval.

3. When an operating permit is required for the onsite sewage treatment and disposal system, the final installation approval shall not be granted until the operating permit application, a copy of any maintenance agreement required pursuant to this chapter, and fee have been received by the Department.

4. The written notice by the property owner that confirms the execution and recording of the notice in the public property records at the county courthouse which informs subsequent property owners as required by paragraphs 62-6.009(7)(g) and 62-6.027(5)(d), F.A.C., or a recorded easement complying with these requirements.

5. Pumpout receipts for abandonments of tanks as required by paragraph 62-6.011(2)(b), F.A.C.

6. Other documentation, bills of lading or invoices required by rule, permit or product approval.

(j) Where an establishment is serviced by an onsite sewage treatment and disposal system, subsection 381.0065(4), F.S., governs when occupancy of a building can be allowed. The Department must first authorize and issue a final installation approval notice before a system can be placed into service or a building occupied. “Approved” or “approval” of installation does not imply that a system will perform satisfactorily for a specific period of time.

(3) Construction Inspection by a Private Provider Inspector. A private provider inspector must physically inspect and evaluate the installation of an onsite sewage treatment and disposal system to determine compliance with statutory requirements, this chapter, and the system construction permit. This responsibility begins when the inspector receives authorization from the owner or an authorized contractor under paragraph 381.0065(8)(d), F.S., and notice from the installer that the system is ready for inspection. The private provider inspector must also obtain a complete copy of the approved system construction permit and applicable application documents. All construction iInspections must comply with the requirements of subsection 62-6.003(2), F.A.C., and the following:

(a) Authorization requirement. The owner’s written acknowledgement electing to use a private provider inspector must be completed using Form DEP 4015A, effective date 07-09-2025, Property Owner’s Notice Authorizing Private Provider Inspector, herein adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-18172. Copies of this document are available as provided in subsection (7) below. An owner or an authorized contractor’s use of a private provider inspector is subject to the following requirements:

1. The owner or an authorized contractor or their agent must submit Form DEP 4015A to the Department at the time of the permit application or by 2 p.m. local time, two business days before the first scheduled inspection by the Department. Form DEP 4015A, including the owner’s written acknowledgment, must be signed, dated, and submitted to the Department prior to the first inspection performed by the private provider inspector. The private provider inspector must confirm that Form DEP 4015A is effective and timely submitted to the Department.

2. If an owner or authorized contractor makes any changes to the listed private provider inspector or the service to be performed by the private provider inspector, or requests that the Department perform the system construction inspection, the owner or authorized contractor must update and submit to the Department an amended Form DEP 4015A within one business day after the change.

(b) Submittal of inspection reports and fees.

1. The private provider inspector must complete an inspection report on Part 2 of Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C., for each construction inspection and provide all completed inspection reports and records to the owner or authorized contractor and the Department by end of the seventh calendar day after completion of each construction inspection.

2. Private provider inspectors must submit their inspection reports electronically through the Department's specified portal. The Department cannot accept private provider inspections performed by individuals who do not meet the requirements of subsection 381.0065(8), F.S.

3. Private provider inspections must be conducted by a private provider inspector meeting the requirements of subsection 381.0065(8), F.S.

4. All reports and records must bear the written or electronic signature of the private provider inspector who performed the inspection. If subsequent inspections are performed by a different private provider inspector, each private provider inspector must obtain all previous construction inspection reports and records from the owner or authorized contractor for auditing purposes by the Department and for use in completion of the system construction inspection. All inspection reports and records submitted by a private provider inspector qualified pursuant to subparagraph 381.0065(8)(c)4., F.S., must also be signed, dated, and sealed by the engineer supervising that private provider inspector.

5. Payment of an inspection report review fee is required for the review and processing of each private provider inspector report that results in a construction approval.

(c) Documents required for final installation approval from the Department. The owner, or authorized contractor, or their agent, and the private provider inspector must submit the documentation required by paragraph 62-6.003(2)(i), F.A.C., as applicable, for Department review. The Department shall not grant final installation approval until the Department reviews the documentation submitted and confirms compliance with the requirements of this chapter and the system construction permit.

(d) The private provider inspector must retain all records for each inspection and all supporting documentation for a minimum of three years from the date of the inspection. These documents must be maintained in hardcopy or electronic format and provided to the Department or property owner upon request.

(4) Voiding a permit – After an onsite sewage treatment and disposal system has received final installation approval from the Department, if the building is modified in such a way that a larger system would be required, if any portion of the required drainfield unobstructed area is covered by impervious material, if the property is subdivided into a smaller lot or lots whereby the permitted system would not have been originally approved, if a well is installed on the property which violates the setbacks to the approved system, or if the system is improperly modified or damaged, the Department shall undertake administrative action to revoke the permit. The Department shall prohibit the further or continued use of a system when the permit has become void by injunction or other procedure authorized by law.

(5) Operating Permits. No business or facility shall occupy a building served by an onsite sewage treatment and disposal system if the building is located in an area zoned or used for industrial or manufacturing purposes or its equivalent; or where a business will generate commercial sewage waste; and no structure shall be occupied where an aerobic treatment unit or performance-based treatment system is used until an “Application for Onsite Sewage Treatment and Disposal System Operating Permit” and appropriate fee has been received and approved by the Department. Applications shall be submitted using Form DEP 4081, effective date 07-09-2025, “Application for Onsite Sewage Treatment and Disposal System Operating Permit,” herein adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-18174.

(a) Property owners or their authorized agents are required to obtain an annual operating permit for systems located in an area zoned or used for industrial or manufacturing purposes or its equivalent or where a business will generate commercial sewage waste, subject to all of the following:

1. The annual operating permit must designate:

a. The person or entity responsible for the operation and maintenance of the system.

b. The type of activity proposed on the site.

c. Persons or businesses which will use the system.

d. Equipment and types and quantities of chemical compounds which will be used by the building occupants which are likely to be discharged into the onsite sewage treatment and disposal system.

2. At a minimum, the owner or person responsible for maintenance of the system must test, or cause to be tested, the onsite sewage treatment and disposal system effluent in a qualitative and quantitative manner for any chemical compounds associated with the particular industrial or manufacturing operations conducted in that establishment, as directed by the Department. The frequency of testing shall be specified on the annual operating permit.

(b) Operating permits are not transferable. If the owner of the system remains the same but the tenancy of the building changes, Form DEP 4081A, effective date 07-09-2025, Business Survey, herein adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-18175 must be completed and submitted to the Department for review. Changes in building occupancy shall be reviewed per subsection 381.0065(4), F.S.

(c) Property owners or their authorized agents are required to obtain a biennial operating permit from the Department for aerobic treatment systems and performance-based treatment systems. Persons operating an aerobic treatment unit or performance-based treatment system shall permit Department personnel right of entry to the property during normal working hours to allow for effluent sampling or evaluating the general state of repair or function of the system. Persons required to obtain an annual operating permit for an onsite sewage treatment and disposal system in an industrial or manufacturing zone or its equivalent, or where the system receives commercial sewage, shall not be required to obtain another operating permit for an aerobic treatment unit or performance-based treatment system at that site. Performance-based treatment systems that also include an aerobic treatment unit require only one biennial operating permit for the system.

(d) The Department shall inspect onsite sewage treatment and disposal systems which are required to have an annual or biennial operating permit and the structures which they serve at least once per year during the term of the permit to determine compliance with the terms of the operating permit.

(6) Expired Permits. Any new construction, repair, or modification permit issued by the Department, that has received construction approval within the previous five years but has not received final installation approval may be approved provided all of the following conditions are met:

(a) The applicant or agent provides a written statement that there have been no changes in application or site conditions from the original permit. The statement must specifically address any changes on adjacent lots.

(b) A site re-evaluation confirms that site conditions have not changed sufficiently to place the system in violation of the rules under which it was permitted and received construction approval.

(c) Fees for a new construction permit and the research/training surcharge are paid. A site re-evaluation fee is paid, if applicable. A new permit shall be issued under the rules under which the original permit was issued.

(d) One or more construction inspections are performed showing compliance with all rules under which the original permit was issued. If applicable, a system re-inspection fee is paid.

(7) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(3)(c), 381.0065(8)(h), 403.061, 489.553(3), 489.557(1) FS. Law Implemented 381.0065, 381.0067, 386.041 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.43, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.043, Amended 3-22-00, 4-21-02, 5-24-04, 11-26-06, 6-25-09, 4-1-10, 4-28-10, 7-16-13, Formerly 64E-6.003, Amended 7-9-25, Reviewed 8-3-26.

Fla. Admin. Code R. 62-6.004 Application for System Construction Permit

(1) No person must cause or allow construction of a system without first applying for and obtaining a system construction permit. Form DEP 4015, effective date June 2026, Application for Construction Permit, herein adopted and incorporated by reference at https://flrules.org/Gateway/reference.asp?No=Ref-19501 must be used for recording system construction permit application information. Copies of this document are available as provided in subsection (9) below.

(2) An application for a system construction permit must be completed in full, signed by the owner or the owner’s authorized representative, or a contractor licensed in accordance with Chapter 489, F.S., and must be accompanied by all required exhibits and fees. If the owner of a property uses an authorized representative to obtain a new system construction permit, a signed statement from the owner of the property assigning authority for the representative to act on the owner’s behalf must accompany the system construction permit application. This statement must include specific information allowing the representative to act on the owner’s behalf in all aspects of a system construction permit application for an onsite sewage treatment and disposal system.

(3) The suitability of a lot, property, subdivision or building for the use of an onsite sewage treatment and disposal system must be determined from an evaluation of lot size, anticipated sewage flow into the proposed system, the anticipated sewage waste strength, soil and water table conditions, soil drainage and site topography and other related criteria. Necessary site investigations and tests must be performed at the expense of the owner by an engineer with soils training who is licensed in the State of Florida pursuant to Chapter 471, F.S., by Department personnel, by a Master Septic Tank Contractor, by a professional soil scientist certified and registered by the Florida Association of Environmental Soil Scientists, or by a person certified under Section 381.0101, F.S. Registered Septic Tank Contractors can only perform these necessary site investigations and tests for existing system evaluations and repairs, not for new systems. When determining that the necessary site investigations and tests be performed by an engineer licensed in the State of Florida, the Department must consider the criteria listed in subsection 62-6.004(4), F.A.C. Results of site investigations must be entered on, or attached to, the system construction permit application form for consideration by the Department. Site evaluations must occur not earlier than 180 days prior to the date the Department receives the system construction permit application. Site evaluations remain valid for the life of the system construction permit. The system construction permit application must also include the following data:

(a) A plan or plat of the lot or total site ownership. The site plan must be drawn to scale and for the property where the system will be installed.

1. The site plan shall show boundaries with dimensions and any of the following features that exist or that are proposed:

a. Structures,

b. Swimming pools,

c. Recorded easements,

d. Onsite sewage treatment and disposal system components,

e. Slope of the property,

f. Wells,

g. Potable and non-potable water lines and valves,

h. Drainage features,

i. Filled areas,

j. Excavated areas for onsite sewage systems,

k. Obstructed areas,

l. Surface water bodies; and,

m. Location of the reference point for system elevation.

2. If the Department is responsible for performing the site evaluation, the applicant or applicant’s authorized representative must indicate the approximate location of wells, onsite sewage treatment and disposal systems, surface water bodies and other pertinent facilities or features on contiguous or adjacent property. If the features are within 75 feet of the applicant lot, the estimated distance to the feature must be shown but need not be drawn to scale.

3. If the Department will not be performing the site evaluation, the applicant or authorized agent is responsible for the measurements to all features, including the pertinent features within 75 feet of the applicant lot. The location of any public drinking water well, as defined in Rule 62-6.002, F.A.C., within 200 feet of the applicant’s lot must also be shown, with the distance indicated from the system to the well.

4. If an individual lot is two acres or greater, the applicant may draw a minimum one acre parcel to scale showing all required features, or the minimum size drawing necessary to properly exhibit all required features, whichever is larger. The applicant must also show the location of that one acre or larger parcel inside the total site ownership.

5. All information that is necessary to determine the total sewage flow and proper setbacks on the site ownership must be submitted with the system construction permit application. The applicant lot must be clearly identified. A copy of the legal description or survey must accompany the system construction permit application.

(b) For residences, a floor plan drawn to scale or showing the total building area of the structure, at the applicants’ option, and showing the number of bedrooms and the building area of each dwelling unit. Non-residential establishments must submit a floor plan drawn to scale showing the square footage of the establishment, all plumbing drains and fixture types, and any other features necessary to determine the composition and quantity of wastewater to be generated. Plumbing fixtures located at a non-residential establishment must be included on the floor plan, but need not be drawn to scale.

(c) At least two soil profile descriptions within the proposed system soil absorption area to a minimum depth of 6 feet or to refusal, for which the minimum information provided is the upper and lower horizon boundaries, Munsell color of the horizon and its components and USDA soil texture; using USDA Soil Classification methodology as described in Chapter 3 of the Soil Survey Manual, United States Department of Agriculture, Handbook No. 18, Issued March 2017, herein adopted and incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14360. Copies of this document are available as provided in subsection (9) below. At a minimum, a soil profile must be provided at the beginning and end of the proposed drainfield site. Where the replacement of severely limited soil is proposed, soil profiles must be performed to a minimum depth of 6 feet or to the depth of the slightly or moderately limited soil layer lying below the replaced layer, whichever is greater. The evaluator must document the locations of all soil profiles on the site plan.

(d) Water table elevations which exist at the time of the site evaluation and estimated water table elevation during the wettest season of the year. Water table elevations must be established from a benchmark or other fixed point of reference located on the property or within reasonable proximity to it. The existing property elevation at the site of each soil profile must also be recorded relative to the benchmark or fixed point of reference.

(e) Subdivisions platted and recorded or unrecorded prior to January 1, 1972, will be considered on the basis of an evaluation of soil characteristics, water table elevations, history of flooding and records of service of existing installations in the same general area.

(f) A Coastal Construction Control Line Permit or an exemption notice from the Department if any component of the onsite sewage treatment and disposal system or the shoulders or slopes of the system mound will be seaward of the Coastal Construction Control Line, established under Section 161.053, F.S. Should the location of the proposed onsite system relative to the control line not be able to be definitively determined based on the site plan and the online products available on the Department website, the applicant must provide a survey prepared by a certified professional surveyor and mapper showing the location of the control line on the subject property.

(g) Documentation of sewer availability.

(4) All plans and forms submitted by a licensed engineer must be dated, signed and sealed. As provided for in subsection 62-6.003(2), F.A.C., the design engineer must certify that the installed system complies with the approved design and installation requirements. Under the following circumstances, the Department requires for review and approval the submission of detailed system construction plans prepared by an engineer who is licensed in the State of Florida:

(a) Systems serving establishments with proposed domestic sewage flow rates of 2,500 or more gallons per day.

(b) Systems serving establishments with proposed commercial sewage flow rates of 1,000 or more gallons per day.

(c) Systems where the total required drainfield area is 1,500 square feet or greater.

(d) The applicant proposes to split the flow from any residence or establishment in a method other than that provided for by rule.

(e) The repair or modification of an engineer-designed system that meets these criteria for requiring an engineered design and that alters the original engineered design.

(f) All performance-based treatment systems.

(g) All innovative systems.

(h) All sites where the seasonal high water table has or will be altered by physical or mechanical means.

(i) All sites requiring engineer designs as a condition of a variance or waiver approval.

(j) All drip irrigation systems.

(5) System Construction Permit Application Processing. The applicant is the permit holder and is held responsible for all information supplied to the Department. The applicant is responsible for providing timely requested information to the Department. The signed system construction permit application, site evaluation, and system design plans, when required, serve as the basis by which the Department determines the issuance of a sytem construction permit. This subsection does not apply to other permit application processing for which there are other specific timeframes.

(a) Within thirty days after receipt of a system construction permit application and payment of the correct processing fee, the Department will review the system construction permit application and request any additional information that is required by law or rule. The applicant has ninety days after the Department issues a request for additional information to submit to the Department the additional information requested. If an applicant requires more than ninety days to respond to a request for additional information, the applicant must notify the Department in writing of the circumstances prior to the ninety-day deadline, at which time the system construction permit application is held in incomplete but active status for one additional period of up to ninety days. Additional extensions will be granted by the Department at its discretion when the applicant timely requests an extension and provides facts demonstrating good cause exists to grant another extension. Failure of an applicant to provide the requested information or be granted an extension by the applicable deadline will result in denial of the system construction permit application. Within 30 days after receipt of the additional information, the Department will review the system construction permit application and will request information needed to clarify the additional information or to answer new questions raised by or directly related to the additional information. If the applicant considers any request for additional information to be unauthorized by law or rule, the Department, at the applicant’s request, will process the system construction permit application without the additional information. Such a request by the applicant must be in writing and clearly labelled as a request for the Department to process the system construction permit application as submitted. The applicant’s request must state the reasons why the applicant considers the Department’s request for additional information to be unauthorized by law or rule and clearly state that the applicant requests the Department process the system construction permit application without the additional information. A system construction permit application will be approved or denied within 90 days after receipt of a complete application, including receipt of all supporting data, and the processing fee, or receipt of the last item of requested additional information, or at the applicant’s written request to begin processing the system construction permit application as submitted, whichever occurs last.

(b) In the event of a change in any information given in the system construction permit application which served as basis for issuing a system construction permit, the permit holder will immediately file an amended system construction permit application detailing the changed conditions. If the new conditions are determined to be in compliance with the standards in this chapter, the system construction permit will be amended. If the new conditions are determined to be in non-compliance with the standards of this chapter, the system construction permit will be revoked subject to the provisions of Chapter 120, F.S.

(c) A system construction permit application is valid for one year. Any time during that year the applicant may amend the system construction permit application or request that the Department deem it complete by certifying that the information contained in the system construction permit application is accurate and has not changed. Once deemed complete, the Department will review the system construction permit application for compliance with this chapter and will not charge the applicant a re-evaluation fee unless the Department determines a site visit by the Department is necessary. If the system construction permit application is incomplete and beyond the one-year deadline, the Department will deny the system construction permit application.

(d) If the rules under which the system construction permit application was accepted have changed, and an onsite sewage treatment and disposal system construction permit has not been issued, a new system construction permit application is required.

(6) Requests for variance must be made on Form DEP 4057, effective date 06-21-2022, Application for Variance from Rule 62-6.004, F.A.C., herein adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-14361. Copies of this document are available as provided in subsection (9) below.

(7) Where a property owner proposes to build or has built multiple residences or multiple businesses on a single lot, and the entire area of the lot is required to accommodate the designed sewage flow from the multiple residences or multiple businesses to the onsite sewage treatment and disposal system, the property owner must submit, prior to issuance of a construction permit, a written utility easement which has been executed and recorded in the public property records at the county courthouse. The utility easement must bind the property together so that the original lot size is retained for purposes of compliance with all the requirements of Chapter 62-6, F.A.C., and must include provisions for maintaining the onsite sewage treatment and disposal system. For example, a duplex built on a single lot with a single onsite sewage treatment and disposal system serving both halves of the duplex must have a written utility easement executed and recorded in the public property records before an onsite sewage treatment and disposal system construction permit is issued. In order to obtain a repair permit, the property owner must submit a copy of the recorded utility easement demonstrating the retention of the original lot size for purposes of the onsite sewage treatment and disposal system and a method for maintaining the system. For example, each half of a duplex built on a single lot with a single onsite sewage treatment and disposal system serving both halves of the duplex is sold to separate persons. If, when the onsite sewage treatment disposal system fails, and a written utility easement was not executed and recorded in the public property records before the sales, it must be done before an onsite sewage treatment and disposal system repair permit is issued.

(a) Where a property owner proposes to build or has built a single residence or a single business or multiple residences or businesses on multiple lots, and the residence’s or business’s authorized sewage flow requires the use of multiple lots, or parts thereof, for the onsite sewage treatment and disposal system, the property owner must submit, prior to issuance of a permit, a written utility easement executed and recorded in the public property records at the county courthouse. The utility easement must bind the required property together so that the original lots and their collective size, or part thereof, is retained for purposes of the onsite sewage treatment and disposal system, and must include provisions for maintaining the onsite sewage treatment and disposal system. For example, a residence or business built on three lots with a sewage flow which is large enough to require the land from all three lots must have a written utility easement executed and recorded in the public property records before an onsite sewage treatment and disposal system construction permit may be issued. In order to obtain a repair permit, the property owner must submit a copy of the recorded utility easement demonstrating the retention of the original lots and their collective size for purposes of the onsite sewage treatment and disposal system and a method for maintaining the system.

(b) Where a property owner, through inadvertent error or mistake, has built multiple residences or multiple businesses on a series of lots and each residence or business has its own onsite sewage treatment and disposal system or the sewage flow from the residence or business exceeds the allowable limits established for the area of land upon which the residence or business is located, the property owner must execute and record in the public property records, a written utility easement, for the remaining undeveloped lots in the subdivision, which informs the public of the amount of sewage flow which will be generated or the number of onsite sewage treatment and disposal systems which will be installed in that subdivision. It must also state that when the maximum amount of sewage flow or maximum number of onsite sewage treatment and disposal systems has been reached for the subdivision, no further development can occur until sewer is available.

(8) Innovative Systems approval for onsite sewage treatment and disposal systems must be initiated by submittal to the Department of an application for permit using Form DEP 3143, effective date 06-21-2022, Innovative Onsite Sewage Treatment and Disposal System Permit Application, hereby adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-14362. After an innovative system permit has been issued, the Department is authorized to issue individual system construction permits that conform to the innovative system permit. Form DEP 3144, effective date 06-21-2022, Owner acknowledgment Form, herein adopted and incorporated by reference and Form DEP 3145, effective date 06-21-2022, Innovative Onsite Sewage Treatment and Disposal System Review Form herein adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-14395, must be used to record information that describes notification requirements between the permit applicant, and the Department. Copies of these documents are available as provided in subsection (9) below.

(9) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(4)(e), 403.061(7), 489.553(3) FS. Law Implemented 381.0065, 403.087, 489.553 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.44, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.044, Amended 11-19-97, 3-22-00, 11-26-06, 6-25-09, 4-28-10, Formerly 64E-6.004, Amended 6-21-22, 6-8-26.

Fla. Admin. Code R. 62-6.005 Location and Installation

All onsite sewage treatment and disposal systems must be located and installed so that with proper maintenance the onsite sewage treatment and disposal systems function in a sanitary manner, do not create sanitary nuisances or health hazards and do not endanger the safety of any domestic water supply, groundwater or surface water. Sewage waste and effluent from onsite sewage treatment and disposal systems must not be discharged onto the ground surface or directly or indirectly discharged into ditches, drainage structures, ground waters, surface waters, or aquifers. To prevent such discharge or health hazards:

(1) Onsite sewage treatment and disposal systems established after the effective date of the rule must be placed no closer than the minimum distances indicated for the following:

(a) Seventy-five feet from a private potable well as defined in Rule 62-6.002, F.A.C., or a multi-family water well as defined in Rule 62-6.002, F.A.C.

(b) One-hundred feet from a public drinking water well as defined in Rule 62-6.002, F.A.C., if such a well serves a facility with an estimated sewage flow of 2,000 gallons or less per day.

(c) Two-hundred feet from a public drinking water well as defined in Rule 62-6.002, F.A.C., if such a well serves a facility with an estimated sewage flow of more than 2,000 gallons per day.

(d) Fifty feet from a non-potable water well as defined in Rule 62-6.002, F.A.C.

(e) Ten feet from any storm sewer pipe, to the maximum extent possible, but in every instance the setback must not be less than 5 feet.

(f) Fifteen feet from the design high-water line of retention areas, detention areas, or swales designed to contain standing or flowing water for less than 72 hours after a rainfall or the design high-water level of normally dry drainage ditches or normally dry individual-lot stormwater retention areas.

(2) Onsite sewage treatment and disposal systems must not be located under buildings or within 5 feet of building foundations, including pilings for elevated structures, or within 5 feet of mobile home walls, swimming pool walls, or within 5 feet of property lines except where property lines abut utility easements which do not contain underground utilities, or where recorded easements are specifically provided for the installation of onsite sewage treatment and disposal systems for service to more than one lot or property owner.

(a) Sidewalks, decks and patios are not subject to the 5 foot setback, however, drainfields must not be installed beneath such structures. Any tank located beneath a driveway must have traffic lids as specified in paragraph 62-6.013(1)(f), F.A.C. Concrete structures, which are intended to be placed over a septic tank, must have a barrier of soil or plastic material placed between the structure and the tank so as to preclude adhesion of the structure to the tank.

(b) Onsite sewage treatment and disposal systems must not be located within 10 feet of water storage tanks in contact with the ground or potable water lines unless such lines are sealed with a water proof sealant within a sleeve of similar material pipe to a distance of at least 10 feet from the nearest portion of the onsite sewage treatment and disposal system or the water lines themselves consist of schedule 40 PVC or stronger. The water line must not be located within 24 inches of the onsite sewage treatment and disposal system. Potable water lines within 5 feet of the drainfield must not be located at an elevation lower than the drainfield absorption surface. Irrigation lines as referred to in Section 381.0065(2)(o), F.S., and water lines connected to a non-potable water supply must not be located within 24 inches of the onsite sewage treatment and disposal system without backflow devices per Section 381.0065(2)(o)1. and 2., F.S., being installed on the water line to preclude contamination of the water system.

(c) Onsite sewage treatment and disposal systems must be setback a minimum of 15 feet from groundwater interceptor drains.

(3) Except for the provisions of Sections 381.0065(4)(g)1. and 2., F.S., onsite sewage treatment and disposal systems must not be located laterally within 75 feet of the boundaries of surface water bodies. Onsite sewage treatment and disposal systems must be located a minimum of 15 feet from the design high water line of a swale, retention or detention area designed to contain standing or flowing water for less than 72 hours after a rainfall, or the design high water level of normally dry drainage ditches or normally dry individual lot storm water retention areas.

(4) Suitable, unobstructed land must be available for the installation and proper functioning of the onsite sewage treatment and disposal system. The minimum unobstructed area must:

(a) Be at least 1.5 times as large as the drainfield absorption area required by rule. For example, if a 200 square feet drainfield is required, the total unobstructed area required, inclusive of the 200 square feet drainfield area, would be 300 square feet. Unobstructed soil area between drain trenches is included in the unobstructed area calculation.

(b) Be contiguous to the drainfield.

(c) Be in addition to the setbacks required in subsections (1), (2), and (3) above.

(5) Onsite sewage treatment and disposal systems if installed in fill material, the fill must be required to settle for a period of at least 6 months, or has been compacted to a density comparable to the surrounding natural soil. The fill material must be of a suitable, slightly limited soil material.

(6) To prevent soil smear and excessive soil compaction, drainfields must not be installed in soils with textures finer than sand, loamy sand, or sandy loam when the soil moisture content is above the point at which the soil changes from semi-solid to plastic.

(7) Onsite sewage treatment and disposal systems must be installed where a sewerage system is not available and when conditions in Section 381.0065(4), F.S., are met. Onsite graywater tank and drainfield systems may, at the homeowners’ discretion, be utilized provided blackwater is disposed into a sanitary sewerage system when such sewerage system is available. Graywater systems may, at the homeowners’ discretion, be utilized in conjunction with an onsite blackwater system where a sewerage system is not available for blackwater disposal. To establish compliance with Sections 381.0065(4)(a)-(g), F.S., the following are required:

(a) The lot area under Section 381.0065(4)(a), F.S., must consist of at least 1/2 acre (21,780 square feet). Contiguous area outside of the lot must not be included in the determination of the lot area. Residential lots platted and recorded or approved on or after January 1, 1972, but before January 1, 1983, that do not meet the lot area or dimension requirements of Section 381.0065(4)(a), F.S., must install one of the following to address this deficiency and comply with current rules to the maximum extent possible as required pursuant to Section 381.0065(4)(g)1., F.S.:

1. An enhanced nutrient-reducing onsite sewage treatment and disposal system defined in Section 381.0065(2)(f), F.S., provided the authorized daily sewage flow allowance pursuant to paragraph 62-6.005(7)(c), F.A.C., and all required setbacks are met, or

2. A performance-based treatment system that is designed to meet, at minimum, Advanced Secondary Treatment Standards pursuant to Table IXb, found in paragraph 62-6.025(11)(d), F.A.C., and will maintain a 24-inch separation between the bottom of the drainfield and the water table elevation during the wettest season pursuant to subsection 62-6.006(2), F.A.C., provided that:

a. The estimated daily sewage flow does not exceed what is allowed by subsection 62-6.028(2), F.A.C.,

b. The system must maintain the maximum practicable setback, up to the setback in accordance with paragraph 62-6.005(1)(a), F.A.C., to private potable wells, and in no case will the setback to a private potable well be reduced below 50 feet, and

c. All other setback reductions must comply with paragraph 62-6.028(1)(b), F.A.C.

(b) The determination of lot densities under Section 381.0065(4)(b), F.S., must be made on the basis of the net acreage of the subdivision which must exclude from the gross acreage all paved areas and prepared road beds within public or private rights-of-way or easements and must also exclude surface water bodies. Residential lots platted and recorded or approved on or after January 1, 1972, but before January 1, 1983, that do not meet the lot density requirements of Section 381.0065(4)(b), F.S., must install one of the following to comply with current rules to the maximum extent possible as required pursuant to Section 381.0065(4)(g)1., F.S.:

1. An enhanced nutrient-reducing onsite sewage treatment and disposal system defined in Section 381.0065(2)(f), F.S., provided the authorized daily sewage flow allowance pursuant to paragraph 62-6.005(7)(c), F.A.C., is met, and all required setbacks are met, or

2. A performance-based treatment system that is designed to meet, at minimum, Advanced Secondary Treatment Standards pursuant to Table IXb, found in paragraph 62-6.025(11)(d), F.A.C., and will maintain a 24-inch separation between the bottom of the drainfield and the water table elevation during the wettest season pursuant to subsection 62-6.006(2), F.A.C., provided that:

a. The estimated daily sewage flow does not exceed what is allowed by subsection 62-6.028(2), F.A.C.,

b. The system must maintain the maximum practicable setback, up to the setback in accordance with paragraph 62-6.005(1)(a), F.A.C., to private potable wells, and in no case will the setback to a private potable well be reduced below 50 feet, and

c. All other setback reductions comply with paragraph 62-6.028(1)(b), F.A.C.

(c) Authorized daily sewage flow allowances specified in Sections 381.0065(4)(a), (b) and (g), F.S., are calculated on an individual lot by lot or parcel of land basis based on its net usable area in acres. The net usable area of each lot or parcel of land does not include paved areas and prepared road beds within public rights-of-way or easements and does not include surface water bodies. At the option of the permit applicant and with approval of the Department, contiguous unpaved and non-compacted road rights-of-way and easements with no subsurface obstructions that would affect the operation of drainfield systems may be included in determining the net usable area. Where an unobstructed easement is contiguous to two or more lots, each lot will receive a pro rata share of the area contained in the easement. The authorized daily sewage flow allowed equals the net usable area multiplied by 2,500 gallons per acre per day if a public drinking water system as defined in subparagraphs 62-6.002(47)(b)1., 2., or 3., F.A.C., is utilized, or multiplied by 1,500 gallons per acre per day if a limited use public water system as defined in subparagraph 62-6.002(47)(b)4., F.A.C., or a private potable well, multi-family water well, cistern, or other private or certain public water systems regulated under Section 381.0062, F.S., is utilized. Subsection 62-6.008(1), F.A.C., must be used for determining estimated daily sewage flows.

(d) Platted residential lots are subject to the requirements set forth in Sections 381.0065(4)(g)1. and 2., F.S.

(e) When portions of a lot or lots which were platted prior to January 1, 1972, are combined in such a manner that will decrease the total density of the subdivision, pre-1972 lot provisions apply. However, the maximum setback possible to surface water bodies must be maintained with a minimum setback of 50 feet.

(8) Notwithstanding the requirements of this section, where an effluent transmission line consists of schedule 40 PVC, the transmission line must be set back from private potable wells, irrigation wells or surface water bodies by not less than 25 feet when installed. Effluent transmission lines constructed of schedule 40 PVC must be set back from property lines and building foundations by not less than 2 feet. Schedule 40 PVC effluent transmission lines must be set back from potable water lines and storm water lines by no less than 5 feet unless all portions of the potable water line or storm water line within 5 feet of the effluent transmission line are:

(a) A minimum of 12 inches above the top of the effluent transmission line; and,

(b) Sealed with a waterproof sealant within a sleeve of schedule 40 PVC or stronger pipe or the water line itself consists of schedule 40 PVC or stronger pipe.

(9) Onsite sewage treatment and disposal systems for estimated establishment domestic sewage flows exceeding 5,000 gallons per day but not exceeding 10,000 gallons per day must be located and installed under the following conditions.

(a) The estimated daily sewage flow from the establishment will be divided by the net usable area associated with the establishment. The resulting number must not exceed 2,500 gallons per acre per day for establishments which use a public water system, as defined in subparagraphs 62-6.002(47)(b)1., 2. and 3., F.A.C.

(b) No more than 5,000 gallons of wastewater will be discharged into any single onsite sewage treatment and disposal system serving the establishment.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(4)(e) FS. Law Implemented 381.0065 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.46, Amended 3-17-92, 1-3-95, Formerly 10D-6.046, Amended 11-19-97, 2-3-98, 3-22-00, 5-24-04, 6-25-09, Formerly 64E-6.005, Amended 6-21-22, 6-8-26, Reviewed 8-3-26.

Fla. Admin. Code R. 62-6.006 Site Evaluation Criteria

Onsite sewage treatment and disposal systems may be utilized where lot sizes are in compliance with requirements of subsection 62-6.005(7), F.A.C., and all of the following criteria are met:

(1) The effective soil depth throughout the drainfield installation site extends 42ꞌꞌ inches or more below the bottom surface of the drainfield. Paragraphs (a), (b) and (c), list soil texture classes with their respective limitation ratings.

(a) Coarse sand not associated with an estimated wet season high water table within 48ꞌꞌ inches below the absorption surface, sand, fine sand, loamy coarse sand, coarse sandy loam, loamy sand, and sandy loam are considered to be slightly limited soil materials.

(b) Very fine sand, loamy fine sand, loamy very fine sand, silt loam, silt, loam, fine sandy loam, very fine sandy loam, sandy clay loam, clay loam, silty clay loam, sandy clay and silty clay soil are considered to be moderately limited soil materials and are subject to evaluation with other influencing factors and local conditions.

(c) Clay, bedrock, oolitic limestone, fractured rock, hardpan, organic soil, gravel and coarse sand, when coarse sand is associated with an estimated wet season high water table within 48ꞌꞌ inches of the absorption surface are severely limited soil materials. If severely limited soil material can be replaced with slightly limited soil material, see Footnotes 3 and 4 of Table III for minimum requirements. Where limestone is found to be discontinuous along the horizontal plane and is dispersed among slightly or moderately limited soils, the Department Policy for Drainfield Sizing in Areas With Discontinuous Limestone, August 1999, (formerly from Department of Health), herein incorporated by reference, shall be used.

(2) The water table elevation at the wettest season of the year is at least 24ꞌꞌ inches below the bottom surface of the drainfield. In addition, systems shall not be located where the undrained, naturally occurring wet season water table elevation in the area of the proposed system installation is determined to be at or above the elevation of the existing ground surface. However, when sufficient slightly limited fill material is permitted to be placed on the property to construct a properly designed onsite sewage treatment and disposal system, the Department shall authorize construction based on the final lot elevation. This provision does not authorize a property owner to fill or modify the site without first obtaining necessary permits for site preparation work from other agencies of government having jurisdiction. The following information shall be used in determining the wet season water table elevation:

(a) U.S. Department of Agriculture Soil Conservation Service soils maps and soil interpretation records.

(b) Evaluation of soil color and the presence or absence of mottling.

(c) Evaluation of impermeable or semi-permeable soil layers.

(d) Evaluation of onsite vegetation.

(e) An onsite evaluation of the property which has used the above referenced sources of information and which has considered the season of the year when the evaluation was performed, historic weather patterns, and recent rainfall events.

(3) Setbacks in subsections 62-6.005(1), (2), (3) and (4), F.A.C., are met.

(4) The site of the installation and the additional required unobstructed land referred to in subsection 62-6.005(4), F.A.C., shall not be covered with asphalt or concrete, or be subject to vehicular traffic or other activity as defined in subsection 62-6.002(41), F.A.C., which would adversely affect the soil, or the operation of the system.

(5) The site of the installation and the additional required unobstructed land referred to in subsection 62-6.005(4), F.A.C., is not subject to saturation from sources such as artificial drainage of ground surfaces, driveways, roads or roof drains.

(6) The existing lot elevation at the site of the proposed system installation and any contiguous land referred to in subsection 62-6.005(4), F.A.C., shall not be subject to frequent flooding. Except for areas affected by Section 381.0065(4)(s), F.S., fill material, if permitted, shall be placed in the area for the system and contiguous unobstructed area to raise the lot elevation above the 2 year flood.

(7) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 381.0011(4), (13), 381.0065(3)(a) FS. Law Implemented 381.0065, 381.00655 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.47, Amended 3-17-92, 4-16-92, 1-3-95, Formerly 10D-6.047, Amended 3-22-00, 11-26-06, Formerly 64E-6.006.

Fla. Admin. Code R. 62-6.008 System Size Determinations

(1) Minimum design flows for systems serving any structure, building or group of buildings shall be based on the estimated daily sewage flow as determined from Table I or the following:

(a) The Department shall accept, for other than residences and food operations, metered water use data in lieu of the estimated sewage flows set forth in Table I. For metered flow consideration, the applicant shall provide authenticated monthly water use data documenting water consumption for the most recent 12 month period for at least six similar establishments. Similar establishments are those like size operations engaged in the same type of business or service, which are located in the same type of geographic environment, and which have approximately the same operating hours. Metered flow values will not be considered to be a reliable indicator of typical water use where one or more of the establishments utilized in the sample has exceeded the monthly flow average for all six establishments by more than 25 percent or where the different establishments demonstrate wide variations in monthly flow totals. When metered flow data is accepted in lieu of estimated flows found in Table I, the highest flow which occurred in any month for any of the six similar establishments shall be used for system sizing purposes. Except for food operations which exceed domestic sewage waste quality parameters as defined in subsection 62-6.002(15), F.A.C., where an existing establishment which has been in continuous operation for the previous 24 months seeks to utilize its own metered flows, the applicant shall provide authenticated monthly water use data documenting water consumption for the most recent 24 month period. The highest monthly metered flow value for an existing establishment shall be used for system sizing purposes.

(b) When onsite systems use multiple strategies to reduce the total estimated sewage flow or the drainfield size, only one reduction method shall be credited.

TABLE I

FOR SYSTEM DESIGN

ESTIMATED SEWAGE FLOWS

TYPE OF ESTABLISHMENT

GALLONS PER DAY

COMMERCIAL:

Airports, Bus Terminals, Train Stations, Port & Dock Facilities, Bathroom Waste Only

(a) Per passenger

4

(b) Add per employee per 8 hour shift

15

Barber & beauty shops per service chair

75

Bowling alley bathroom waste only per lane

50

Country Club

(a) Per resident

100

(b) Add per member or patron

25

(c) Add per employee per 8 hour shift

15

Doctor and Dentist Offices

(a) Per practitioner

250

(b) Add per employee per 8 hour shift

15

Factories, Exclusive of Industrial Wastes Gallons Per Employee Per 8 Hour Shift

(a) No showers provided

15

(b) Showers provided

25

Flea Market Open 3 or Less Days Per Week

(a) Per non-food service vendor space

15

(b) Add per food service establishment using single service articles only per 100ꞌ Square feet of floor space

50

(c) Per limited food service establishment

25

(d) For flea markets open more than 3 days per week estimated flows shall be doubled

Food Operations

(a) Restaurant operating 16 hours or less per day per seat

40

(b) Restaurant operating more than 16 hours per day per seat

60

(c) Restaurant using single service articles only and operating 16 hours or less per day per seat

20

(d) Restaurant using single service articles only and operating more than 16 hours per day per seat

35

(e) Bar and cocktail lounge per seat

20

Add per pool table or video game

15

(f) Drive-in restaurant per car space

50

(g) Carry out only, including caterers

1. Per 100ꞌ square feet of floor space

50

2. Add per employee per 8 hour shift

15

(h) Institutions per meal

5

(i) Food Outlets excluding deli’s, bakery, or meat department per 100ꞌ square feet of floor space

10

1. Add for deli per 100ꞌ square feet of deli floor space

40

2. Add for bakery per 100ꞌ square feet of bakery floor space

40

3. Add for meat department per 100ꞌ square feet of meat department floor space

75

4. Add per water closet

200

Hotels & Motels

(a) Regular per room

100

(b) Resort hotels, camps, cottages per room

200

(c) Add for establishments with self service laundry facilities per machine

750

Mobile Home Park

(a) Per single wide mobile home space, less than 4 single wide spaces connected to a shared onsite system

250

(b) Per single wide mobile home space, 4 or more single wide spaces are connected to a shared onsite system

225

(c) Per double wide mobile home space, less than 4 double wide mobile home spaces connected to a shared onsite system

300

(d) Per double wide mobile home space, 4 or more double wide mobile home spaces connected to a shared onsite system

275

Office Building

Per employee per 8 hour shift, or

15

Per 100ꞌ square feet of floor space, whichever is greater

15

Transient Recreational Vehicle Park

(a) Recreational vehicle space for overnight stay, without water and sewer hookup per vehicle space

50

(b) Recreational vehicle space for overnight stay, with water and sewer hookup per vehicle space

75

Service Stations Per Water Closet

(a) Open 16 hours per day or less

250

(b) Open more than 16 hours per day

325

Shopping centers without food or laundry per square foot of floor space

0.1

Stadiums, race tracks, ball parks per seat

4

Stores per bathroom

200

Swimming and bathing facilities, public per person

10

Theatres and Auditoriums, per seat

4

Veterinary Clinic

(a) Per practitioner

250

(b) Add per employee per 8 hour shift

15

(c) Add per kennel, stall or cage

20

Warehouse

(a) Add per employee per 8 hour shift

15

(b) Add per loading bay

100

(c) Self-storage, per unit (up to 200 units)

1

Add 1 gallon for each 2 units or fraction thereof, for over 200 units, and shall be in addition to employees, offices or living quarters flow rates.

INSTITUTIONAL:

Churches per seat which includes kitchen wastewater flows unless meals prepared on a routine basis

3

If meals served on a regular basis add per meal prepared

5

Hospitals per bed which does not include kitchen wastewater flows

200

Add per meal prepared

5

Nursing, rest homes, adult congregate living facilities per bed which does not include kitchen wastewater flows

100

Add per meal prepared

5

Parks, Public Picnic

(a) With toilets only per person

4

(b) With bathhouse, showers & toilets per person

10

Public institutions other than schools and hospitals per person which does not include kitchen wastewater flows

100

Add per meal prepared

5

Schools Per Student

(a) Day-type

10

(b) Add for showers

4

(c) Add for cafeteria

4

(d) Add for day school workers

15

(e) Boarding-type

75

Work/construction camps, semi-permanent per worker

50

RESIDENTIAL:

Residences

(a) Single or multiple family per dwelling unit

1 Bedroom with 750ꞌ square feet or less of building area

100

2 Bedrooms with 751-1,200ꞌ square feet of building area

200

3 Bedrooms with 1,201-2,250ꞌ square feet of building area

300

4 Bedrooms with 2,251-3,300ꞌ square feet of building area

400

For each additional bedroom or each additional 750ꞌ square feet of building area or fraction thereof in a dwelling unit, system sizing shall be increased by 60 gallons per dwelling unit.

(b) Other per occupant

50

Footnotes to Table I:

1. For food operations, kitchen wastewater flows shall normally be calculated as 66 percent of the total establishment wastewater flow.

2. Systems serving high volume establishments, such as restaurants, convenience stores and service stations located near interstate type highways and similar high-traffic areas, require special sizing consideration due to expected above average sewage volume. Minimum estimated flows for these facilities shall be 3.0 times the volumes determined from the Table I figures.

3. For residences, the volume of wastewater shall be calculated as 50 percent blackwater and 50 percent graywater.

4. Where the number of bedrooms indicated on the floor plan and the corresponding building area of a dwelling unit in Table I do not coincide, the criteria which will result in the greatest estimated sewage flow shall apply.

5. Convenience store estimated sewage flows shall be determined by adding flows for food outlets and service stations as appropriate to the products and services offered.

6. Estimated flows for residential systems assumes a maximum occupancy of two persons per bedroom. Where residential care facilities will house more than two persons in any bedroom, estimated flows shall be increased by 50 gallons per each additional occupant.

(2) Minimum effective septic tank capacity and total dosing tank capacity shall be determined from Table II. However, where multiple family dwelling units are jointly connected to a septic tank system, minimum effective septic tank capacities specified in the table shall be increased 75 gallons for each dwelling unit connected to the system. With the exception noted in paragraph 62-6.013(2)(a), F.A.C., all septic tanks shall be multiple chambered or shall be placed in series to achieve the required effective capacity. The use of an approved outlet filter device shall be required. Outlet filters shall be installed within or following the last septic tank or septic tank compartment before distribution to the drainfield. The outlet filter device requirement includes blackwater tanks, but does not include graywater tanks or grease interceptors or laundry tanks. Outlet filter devices shall be placed to allow accessibility for routine maintenance. Utilization and sizing of outlet filter devices shall be in accordance with the manufacturers’ recommendations. The approved outlet filter device shall be installed in accordance with the manufacturers’ recommendations. The Division of Water Resource Management, Onsite Sewage Program shall approve outlet filter devices per the Department’s Policy on Approval Standards For Onsite Sewage Treatment And Disposal Systems Outlet Filter Devices, November 2008, (formerly from Department of Health) which is herein incorporated by reference.

TABLE II

SEPTIC TANK AND PUMP TANK CAPACITY

AVERAGE

SEWAGE FLOW

SEPTIC TANK

MINIMUM EFFECTIVE CAPACITY

GALLONS

PUMP TANK

MINIMUM TOTAL CAPACITY

GALLONS

GALLONS/DAY

Residential

Commercial

0-200

900

150

225

201-300

900

225

375

301-400

1,050

300

450

401-500

1,200

375

600

501-600

1,350

450

600

601-700

1,500

525

750

701-800

1,650

600

900

801-1,000

1,900

750

1,050

1,001-1,250

2,200

900

1,200

1,251-1,750

2,700

1,350

1,900

1,751-2,500

3,200

1,650

2,700

2,501-3,000

3,700

1,900

3,000

3,001-3,500

4,300

2,200

3,000

3,501-4,000

4,800

2,700

3,000

4,001-4,500

5,300

2,700

3,000

4,501-5,000

5,800

3,000

3,000

(3) Where a separate graywater tank and drainfield system is used, the minimum effective capacity of the graywater tank shall be 250 gallons with such system receiving not more than 75 gallons of flow per day. For graywater systems receiving flows greater than 75 gallons per day, minimum effective tank capacity shall be based on the average daily sewage flow plus 200 gallons for sludge storage. Design requirements for graywater tanks are described in subsection 62-6.013(2), F.A.C. Where separate graywater and blackwater systems are utilized, the size of the blackwater system can be reduced, but in no case shall the blackwater system be reduced by more than 25 percent. However, the minimum capacity for septic tanks disposing of blackwater shall be 900 gallons.

(4) Where building codes allow separation of discharge pipes of the residence to separate stubouts and where lot sizes and setbacks allow system construction, the applicant may request a separate laundry waste tank and drainfield system. Where an aerobic treatment unit is used, all blackwater, graywater and laundry waste flows shall be consolidated and treated by the aerobic treatment unit. Where a residential laundry waste tank and drainfield system is used:

(a) The minimum laundry waste trench drainfield absorption area for slightly limited soil shall be 75 square feet for a one or two bedroom residence with an additional 25 square feet for each additional bedroom. If an absorption bed drainfield is used the minimum drainfield area shall be 100 square feet with an additional 50 square feet for each additional bedroom over two bedrooms. The Department shall require additional drainfield area based on moderately limited soils and other site specific conditions, which shall not exceed twice the required amount of drainfield for a slightly limited soil.

(b) The laundry waste interceptor shall meet requirements of subsections 62-6.013(2) and (8), F.A.C.

(c) The drainfield absorption area serving the remaining wastewater fixtures in the residence shall be reduced by 25 percent.

(5) The minimum absorption area for standard subsurface drainfield systems, graywater drainfield systems, and filled systems shall be based on estimated sewage flows and Table III so long as estimated sewage flows are 200 gallons per day or higher. When estimated sewage flows are less than 200 gallons per day, system size shall be based on a minimum of 200 gallons per day.

TABLE III

FOR SIZING OF DRAINFIELDS OTHER THAN MOUNDS

U.S. DEPARTMENT OF AGRICULTURE SOIL TEXTURAL

SOIL TEXTURE LIMITATION

MAXIMUM SEWAGE LOADING RATE TO TRENCH & BED ABSORPTION SURFACE INGALLONS PER SQUARE FOOT PER DAY

CLASSIFICATION

(PERCOLATION RATE)

TRENCH

BED

Sand; Coarse Sand not associated with a seasonal water table of less than 48 inches; and Loamy Coarse Sand

Slightly limited

(Less than 2 min/inch)

0.80

0.60

Loamy Sand; Sandy Loam; Coarse Sandy Loam; and Fine Sand;

Slightly limited

(2-4 min/inch)

0.80

0.60

Loam; Fine Sandy Loam; Silt Loam; Very Fine Sand; Very Fine Sandy Loam; Loamy Fine Sand; Loamy Very Fine Sand; and Sandy Clay Loam

Moderately limited

(5-10 min/inch)

0.65

0.35

Clay Loam; Silty Clay Loam; Sandy Clay; Silty Clay; and Silt

Moderately limited (Greater than 15 min/inch but not exceeding 30 min/inch)

0.35

0.20

Clay; Organic Soils; Hardpan; and Bedrock

Severely limited (Greater than 30 min/inch)

Unsatisfactory for standard subsurface system

Coarse Sand with an estimated wet season high water table within 48 inches of the bottom of the proposed drainfield; Gravel or Fractured Rock or Oolitic Limestone

Severely limited (Less than 1 min/inch and a water table less than 4 feet below the drainfield)

Unsatisfactory for standard subsurface system

Footnotes to Table III:

1. U.S. Department of Agriculture major soil textural classification groupings and methods of field identification are explained in Chapter 3 of the Soil Survey Manual, United States Department of Agriculture, Handbook No. 18, Issued March 2017, herein adopted and incorporated by reference in paragraph 62-6.004(3)(c), F.A.C. Laboratory sieve analysis of soil samples may be necessary to confirm field evaluation of specific soil textural classifications. The USDA Soil Conservation Service “Soil Textural Triangle” shall be used to classify soil groupings based on the proportion of sand, silt and clay size particles.

2. The permeability or percolation rate of a soil within a specific textural classification may be affected by such factors as soil structure, cementation and mineralogy. Where a percolation rate is determined using the falling head percolation test procedure described in the United States Environmental Protection Agency Design Manual for Onsite Wastewater Treatment and Disposal Systems, October, 1980, incorporated by reference into this rule, the calculated percolation test rate shall be used with Table III and evaluated by the Department with other factors such as history of performance of systems in the area in determining the minimum sizing for the drainfield area.

3. When all other site conditions are favorable, horizons or strata of moderately or severely limited soil may be replaced with slightly limited soil or soil of the same texture as the satisfactory slightly limited permeable layer lying below the replaced layer. The slightly limited permeable layer below the replaced layer shall be identified within the soil profile which was submitted as part of the permit application. The resulting soil profile must show complete removal of the moderately or severely limited soil layer being replaced and must be satisfactory to a minimum depth of 54ꞌꞌ inches beneath the bottom surface of the proposed drainfield. The width of the replacement area shall be at least 2ꞌ feet wider and longer than the drain trench and for absorption beds shall include an area at least 2ꞌ feet wider and longer than the proposed bed. Drainfields shall be centered in the replaced area. Where at least 33 percent of the moderately limited soils at depths greater than 54ꞌꞌ inches below the bottom of the drainfield have been removed to the depth of slightly limited soil, drainfield sizing shall be based on the following sewage loading rates. Where severely limited soils are being removed at depths greater than 54ꞌꞌ inches below the bottom of the drainfield, 100 percent of the severely limited soils at depths greater than 54 inches shall be removed down to the depth of an underlying slightly limited soil. Maximum sewage loading rates for standard subsurface systems installed in replacement areas shall be 0.80 gallons per square foot per day for trench systems and 0.60 gallons per square foot per day for absorption beds in slightly limited soil textures. Where moderately limited soil materials are found beneath the proposed drainfield, and where system sizing is based on that moderately limited soil, soil replacements of less than 33% may be permitted.

4. Where coarse sand, gravel, or oolitic limestone directly underlies the drainfield area, the site shall be approved provided a minimum depth of 42ꞌꞌ inches of the rapidly percolating soil beneath the bottom absorption surface of the drainfield and a minimum 12ꞌꞌ inches of rapidly percolating soil contiguous to the drainfield sidewall absorption surfaces, is replaced with slightly limited soil material. Where such replacement method is utilized, the drainfield size shall be determined using a maximum sewage application rate of 0.80 gallons per square foot per day of drainfield in trenches and 0.60 gallon per square foot per day for drainfield absorption beds.

5. Where more than one soil texture classification is encountered within a soil profile and it is not removed as part of a replacement, drainfield sizing for standard subsurface drainfield systems and fill drainfield systems shall be based on the most restrictive soil texture encountered within 24 inches of the bottom of the drainfield absorption surface.

(6) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 381.0065(3)(a) FS. Law Implemented 381.0065 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.48, Amended 3-17-92, 1-3-95, Formerly 10D-6.048, Amended 11-19-97, 3-22-00, 9-5-00, 11-26-06, 6-25-09, 7-16-13, Formerly 64E-6.008.

Fla. Admin. Code R. 62-6.009 Alternative Systems

When approved by the Department, alternative systems may, at the discretion of the applicant, be utilized in circumstances where standard subsurface systems are not suitable or where alternative systems are more feasible. Unless otherwise noted, all rules pertaining to siting, construction, and maintenance of standard subsurface systems must apply to alternative systems. In addition, the Department may, using the criteria in subsection 62-6.004(4), F.A.C., require the submission of plans prepared by an engineer licensed in the State of Florida, prior to considering the use of any alternative system.

(1) Waterless, incinerating or organic waste composting toilets – may be approved for use if found in compliance with standards for Wastewater Recycle/Reuse and Water Conservation Systems as defined by ANSI/NSF International Standard Number 41-2018 “Non-liquid Saturated Treatment Systems” (September 2018) or NSF International Protocol P157-2019 “Incinerating Toilet Systems-Health and Sanitation” (January 2019) hereby adopted and incorporated by reference, and provided that graywater and any other liquid and solid waste is properly collected and disposed of in accordance with standards established in this chapter. These standards have been deemed copyright protected and are available from the publisher at NSF International, 789 North Dixboro Road Ann Arbor, Michigan 48105, or at publisher’s website at www.nsf.org, and are available for inspection as provided in subsection (11) below. For residences, the required drainfield absorption surface and unobstructed area of the system treating the remaining sewage flow must be reduced by 25% when waterless, incinerating or organic waste composting toilets are used exclusively for all toilet wastes. Solids removed from waterless, incinerating or organic waste composting toilets must be mixed with lime, containerized, and disposed of with the solid waste from the establishment. Liquids discharging from waterless, incinerating or organic waste composting toilets must be plumbed into the onsite system serving the establishment.

(2) Sanitary pit privy – shall not be permitted except at remote locations where electrical service is unavailable. In no case shall such installations be permitted for permanent residences.

(3) Mound systems – are used to overcome certain limiting site conditions such as an elevated seasonal high water table, shallow permeable soil overlying slowly permeable soil and shallow permeable soil located over creviced or porous bedrock. Special installation instructions or design techniques to suit a particular site shall, using the criteria in subsection 62-6.004(4), F.A.C., be specified on the construction permit in addition to the following general requirements.

(a) Site preparation must render the site in compliance with requirements of subsections 62-6.006(1)-(6), F.A.C.

(b) Prior to the construction of a mound system, the applicant may fill all or a portion of a lot utilizing slightly limited soil.

(c) The O horizon of original topsoil and vegetation must be removed from beneath the drainfield, shoulder and slope area and the exposed underlying soil plowed or roughened to prevent formation of an impervious barrier between the fill and natural soil. Moderately limited soil material may be used in the construction of mound systems, but shall only be used in the construction of mound slopes and the soil cap. If moderately or severely limited soil is to be replaced beneath the mound, Rule 62-6.008, F.A.C., Table III, footnote 3. shall be followed.

(d) Where the soil material underlying a mound system is of a similar textural material as that used in system construction, the mound drainfield size shall be based on estimated sewage flows as specified in Rule 62-6.008, F.A.C., Table I and upon the quality of fill material utilized in the mound system. When estimated sewage flows are calculated to be less than 200 gallons per day, specifications for system design shall be based on a minimum flow of 200 gallons per day. Maximum sewage loading rates for soils used in mound construction shall be in compliance with the following:

Fill Material

Maximum Sewage Loading Rate to Mound Drain Trench Bottom Surface in gallons per square foot per day

Maximum Sewage Loading Rate to Mound Absorption Bed Bottom Surface in gallons per square foot per day

Sand; Coarse Sand; and Loamy Coarse Sand

0.80

0.60

Fine Sand;

0.80

0.60

Sandy Loam; Coarse Sandy Loam; and Loamy Sand

0.65

0.40

Fine Sandy Loam; Very Fine Sand; Loamy Fine Sand; and Loamy Very Fine Sand

0.35

0.25

(e) Where moderately limited soils underlie the mound within 36ꞌꞌ inches of the bottom of the drainfield, drainfield sizing shall be based on the most restrictive soil texture existing in the profile to a depth of 36ꞌꞌ inches below the bottom of the drainfield, using Table III for soil loading rates.

(f) There shall be a minimum 4ꞌ feet separation between the shoulder of the fill and the nearest trench or absorption bed sidewall. Where a portion of the mound slope will be placed adjacent to building foundations, pilings or supports for elevated structures, mobile home walls, swimming pool walls, retaining walls, or similar obstructions there shall be a minimum 5ꞌ foot separation between the sidewall of the absorption area and the obstruction. Such obstructions shall impact the slope on no more than 50 percent of the shoulder perimeter. Retaining walls must be designed by a professional engineer licensed in the State of Florida to withstand the lateral earth forces under saturated conditions and to prevent seepage. Where mounds are placed on slopes exceeding 2 percent, the toe of the slope on the downslope side of the mound shall extend an additional 4ꞌꞌ inches for each additional 1 percent of slope. To taper the maximum elevation of the mound at the outer perimeter of the shoulder down to the toe of the slope, additional moderately or slightly limited fill shall be placed at a minimum 2ꞌ foot horizontal to 1ꞌ foot vertical grade where mound height does not exceed 36ꞌꞌ inches. Mound heights which exceed 36ꞌꞌ inches shall have a slope not steeper than 3ꞌ foot horizontal to 1ꞌ foot vertical. The entire mound including slopes, shoulders and the soil cap shall be stabilized with vegetation. Slopes steeper than 5:1 shall be sodded or hydroseeded. Soil caps and unsodded slopes must, at a minimum, be hydroseeded or seeded with grass and a layer of hay or similar cover. Where fill material is present in the amount so as to provide a level surface from the top of the required cover over the system over the area where the slopes would normally be located, no slopes shall be required. For example, if the neighboring lot has been permanently filled to the same level as the applicant’s lot, a five-foot separation from the property line to the system will be required, as opposed to requiring the slope area. Stabilization of a mound shall be the responsibility of the septic tank contractor who constructed the mound system unless the written agreement for system construction clearly states the system owner is responsible. Mound slopes which do not conform to permit requirements shall at a minimum be restored to permit specifications prior to stabilizing. Other synthetic or vegetative covers providing protection from mound erosion equal to or better than sod shall be approved by the Department. Final installation approval shall not be granted until sodding, hydroseeding, seeding and haying or other approved stabilization of the mound has occurred. No portion of the drainfield or shoulder area shall be covered with asphalt or a concrete driveway or be subject to vehicular traffic. Landscaping features such as boulders or trees which obstruct drainfield or fill shoulder area shall not be used. Hydroseeding shall be performed in accordance with the product manufacturer’s instructions and Section 7.5, Permanent Seeding, of the Florida Erosion and Sedimentation Control Inspector’s Manual, July 2008, herein incorporated by reference.

(g) There shall be a soil cap of slightly or moderately limited soil material over the drainfield and shoulder area. The soil cap shall be no less than 6ꞌꞌ inches thick at the outer perimeter of the shoulder. Additional soil cap material shall be placed over the mound and graded to provide drainage off and away from the mound. The maximum depth from the bottom of the drainfield to the finished ground surface shall not exceed 30 inches after natural settling.

(h) The site shall be landscaped according to permit specifications and shall be protected from automotive traffic or other activity that could damage the system. Swales or other surface drainage structures shall be utilized to prevent water shed from mounds draining onto neighboring property.

(i) All fill material used in the construction of systems shall be free of extraneous non-soil material such as grass, roots and any other debris. Shell fragments less than 2.0 mm in diameter are excluded from the classification of extraneous non-soil materials and are considered to be soil particles. Severely limited soil material shall not be used in system construction. Fill material consisting of mechanically crushed and sieved rock shall not be used in system construction.

(j) Where moderately limited soil is used to construct a mound system, a low pressure distribution network is required.

(4) Filled systems – filled systems shall be constructed in accordance with the minimum requirements for mounds, except as provided for in footnote 5., Table III, and that sewage loading rates to trench or absorption bed bottom areas shall be based on values found in Table III.

(5) Drip irrigation systems – Drip irrigation systems may, at the option of the applicant, be used in lieu of a mineral aggregate drainfield. Drip irrigation systems must meet all requirements of this chapter except as noted below.

(a) Drip irrigation systems must receive effluent from an approved aerobic treatment unit or a performance-based treatment system designed to meet at least secondary treatment standards for CBOD5 and TSS, and must meet the following requirements:

1. Drip irrigation systems shall be designed by an engineer licensed in the State of Florida.

2. The infiltrative area required shall be the same as the area required for a mineral aggregate drainfield with reductions allowed for the reduction of CBOD5 and TSS as noted in this chapter for aerobic treatment units.

3. In an absorption bed configuration, the drainfield area shall be calculated as extending one foot beyond the sides of the outermost emitter lines. Notwithstanding the provision of paragraph 62-6.014(5)(b), F.A.C., the individual bed size limitation of 1500 square feet does not apply to drip emitter systems.

4. In a trench containing a single emitter line, the drainfield area shall be calculated as 2ꞌ feet multiplied by the emitter spacing in feet multiplied by the number of emitters.

5. Drip effluent disposal systems shall be considered pressure distribution systems. Head loss calculations shall be provided to insure proper hydraulic pressure at the emitter. Pump selection shall be indicated in the design specifications. Pump performance curves shall be included in the permit application.

6. Recirculation rates shall be in the design specifications.

7. Check valves, petcocks, inline filters, and vacuum breaking device locations shall be shown on the design drawings.

8. Drip irrigation systems shall be time-dosed over the 24-hour period. Demand control dosing shall override timed-dosing in periods of flow where timed dosing cannot accommodate the excessive flow.

9. Emitter lines shall be designed as a continuous loop circuit with no dead-ends.

10. Emitter lines shall be drawn to scale and emitter spacing shall be indicated on the drawings.

11. Vacuum release valves shall be installed at the highpoint of the emitter lines.

12. The maximum emitter longitudinal spacing on an emitter line shall be 2ꞌ feet. The maximum spacing between adjacent emitter lines in an absorption bed configuration shall be 2ꞌ feet. The 24ꞌꞌ-inch separation from the seasonal high water table shall be measured from the emitter orifice. Setbacks shall be measured from the drip emitter lines.

13. The setback from drip emitter lines to building foundations and property lines shall be no less than two feet.

14. The definition of a filled system in Rule 62-6.002, F.A.C., is not applicable to drip effluent disposal systems. A drip effluent disposal system is considered to be a mound system when any part of the bottom surface of any drip emitter line is located at or above the elevation of undisturbed native soil in the drainfield area. A drip effluent disposal system is considered a standard subsurface drainfield system when the entire bottom surface of every drip emitter line is installed below the elevation of undisturbed native soil in the drainfield area.

15. For mound systems there shall be a minimum 18ꞌꞌ-inch separation between the shoulder of the fill and the nearest drip emitter line. Mound system slopes shall be in accordance with paragraph 62-6.009(3)(f), F.A.C., except that a minimum 2ꞌ foot separation is required between the nearest drip emitter line and a building foundation, retaining wall, or similar obstruction. Mound systems shall be stabilized in accordance with paragraph 62-6.009(3)(f), F.A.C.

16. For standard subsurface systems, the elevation of any fill covering the drainfield shall extend no less than 18 inches away from all emitter lines before tapering down to natural grade.

17. Minimum cover on the emitter lines shall be 6ꞌꞌ inches for all drip irrigation systems. The maximum cover for all drip irrigation systems shall be no greater than 12ꞌꞌ inches.

18. The system shall include a petcock on the dosing pump discharge line for effluent sampling.

19. All systems shall incorporate an automatic mechanism for backwashing or flushing the drip lines and filters.

20. All onsite sewage treatment and disposal systems that include a drip effluent disposal system and aerobic treatment unit or performance-based treatment system shall have a biennial operating permit, a maintenance contract with an approved maintenance entity, and shall be inspected in accordance with the requirements of this chapter.

21. Drip irrigation systems shall be designed to have a minimum operating pressure at the emitter head of 10 PSI, a maximum operating pressure at the emitter head of 45 PSI, a maximum system operating pressure of 60 PSI, and a maximum discharge rate per emitter of 1.5 gallons per hour.

22. The hydraulic surge storage requirement of Rule 62-6.028, F.A.C., does not apply to drip irrigation systems.

23. Drip irrigation systems must only use components approved by the Onsite Sewage Program.

24. Unobstructed area for drip irrigation systems may be located anywhere on the establishment property that meets the setbacks for unobstructed area and can be accessed via transmission lines, supply lines and return lines installed in accordance with this chapter. The land containing only transmission lines, supply lines and return lines shall not be included in the calculation of unobstructed area.

25. Supply lines and return lines shall be considered as transmission lines for determining setbacks not specified in this section.

26. Except for slopes required to meet the stabilization requirements of paragraph 62-6.009(3)(f), F.A.C., the area over the drip irrigation drainfield shall be stabilized in the same way or vegetated with plant species specified by the design engineer. The species specified shall not include trees.

27. For drip emitter lines using non-pressure-compensating emitters, the maximum elevation difference shall be four inches between the highest and the lowest emitter in any individual line segment between the supply and the return line. For drip emitter lines using pressure-compensating emitters, there shall be no more than 18ꞌꞌ inches of elevation difference between the highest and lowest emitter in any line. Neither property slope nor drip emitter line slope shall result in the depth of cover over the drip emitter lines to be outside of the range permitted in subparagraph 62-6.009(5)(a)17., F.A.C.

28. The minimum effective soil depth below drip emitter lines shall be 42ꞌꞌ inches; however, spodic layers greater than 24ꞌꞌ inches below the drip emitter lines may remain in place at the discretion of the design engineer.

(b) Drip irrigation systems shall be monitored during required maintenance visits by visual inspection of the ground surface above the emitter lines for evidence of soil saturation at the ground surface.

(6) Tire chip aggregate systems – tire chip aggregate may be used as a substitute for mineral aggregate in onsite sewage treatment and disposal system drainfields under the following conditions:

(a) The tire chips meet the specifications for mineral aggregate found in this chapter: Mixed tire and mineral aggregate shall be approved where each type of aggregate meets its respective standard and the combined mixture meets the gradation requirements in paragraph 62-6.014(5)(c), F.A.C.

(b) Exposed wire protrudes no more than one-half (1/2) inch from 90% of the chips.

(c) At least 80% of the bead wire has been removed from the tires to be chipped.

(d) The system receives domestic wastewater only.

(e) Tire chip aggregate shall not be used where the seasonal high water table is less than 12ꞌꞌ inches below the bottom of the drainfield at the wettest season of the year.

(f) In all other respects tire chip aggregates and mixed tire-mineral aggregates shall be installed with identical site restrictions and construction requirements as approved mineral aggregates.

(7) In-ground Nitrogen-reducing Biofilters (INRB) – As described in this subsection, are defined as an arrangement of materials installed in layers underneath a drainfield for the purpose of reducing the mean total nitrogen (TN) by acting as a biological filter. INRB layers, also referred to as media layers, may be placed beneath the drainfield provided the resulting system meets all requirements of this chapter except as noted in this subsection. All repairs or modifications to existing INRB systems will be required to meet the standards of this subsection. The target removal effectiveness for mean TN is a minimum of 65% for all INRB.

(a) Where a liner is used as part of the INRB design, the INRB must be designed by a professional engineer, and must be installed per paragraph (c) or (d) below. For INRBs using liners, the engineer must inspect the liner and Media Layer 2 of the system prior to the Department’s construction inspection. Final system approval will not be granted until the engineer has supplied the following in a report to the Department: liner and Media Layer 2 inspection report; an as-built cross section with elevations; a dimensioned plan view of the installed INRB system; and a statement indicating that the system has been installed in conformance with permitting requirements. The engineer’s liner and Media Layer 2 inspection report satisfy the Media Layer 2 inspection requirements of paragraph (e) below. Where paragraph (c) or (d) does not modify a standard found in paragraph (b), the standard found in paragraph (b) will apply.

(b) INRB layers must be installed as follows:

1. The drainfield must be installed centered over sand fill material (Media Layer 1) that is at least 18ꞌꞌ inches thick and conforms to the textures and colors in subparagraph 10. below. Media Layer 1 must extend beneath the entire drainfield absorption surface and to a point at least one foot beyond the perimeter of any portion of the drainfield absorption surface.

2. Below Media Layer 1 there must be a layer of nitrogen-reducing media and fine aggregate mix (Media Layer 2) that is at least 12 inches thick and extends beneath the entire drainfield absorption surface and extends at least 24ꞌꞌ inches beyond the perimeter of any portion of the drainfield absorption surface. Media Layer 2 must also extend upward along the boundary of Media Layer 1 to a point four to six inches below the bottom of the drainfield. Media Layer 1 must be centered above Media Layer 2. Media Layer 2 must conform with subparagraphs 8. and 11. below.

3. The bottom of Media Layer 2 must be at least 6ꞌꞌ inches above the wet-season water table.

Figure 1. In-ground Nitrogen-reducing Biofilter media layer system

4. Media longevity and nutrient reduction may be enhanced by the use of low-pressure distribution. Any Department-approved drainfield effluent distribution method may be used.

5. The existing soil profile throughout the area of the drainfield and the area where the INRB will be placed must indicate slightly limited soils extending from the existing ground surface to at least 36ꞌꞌ inches below existing ground surface in addition to compliance with the effective soil depth requirements of subsection 62-6.006(1), F.A.C., for the installation of the drainfield.

6. Only drainfield materials approved per Rule 62-6.014 or 62-6.009, F.A.C., can be used.

7. As measured vertically, no portion of Media Layer 2 can be within 18ꞌꞌ inches of the absorption surface of the drainfield.

8. An example of nitrogen-reducing media is lignocellulosic material such as chips or shavings of lumber, wood mulch, yellow pine sawdust, or 2ꞌꞌ-inch to 3ꞌꞌ-inch wood chips. All sources of lignocellulosic material must be untreated by preservatives. Lignocellulosic material must be free of extraneous non-woody materials such as plastic, metal, grass, leaves, and any other debris. The nitrogen-reducing media must be demonstrated in Florida-based domestic wastewater studies as innovative systems to be effective at providing a substrate for denitrification.

9. The nitrogen-reducing media must comply with the provisions of Rule 62-6.0151, F.A.C.

10. Media Layer 1 must consist of fine aggregate having a texture of sand or fine sand but excluding:

a. Those having color values less than or equal to 4 with chromas less than or equal to 3; or

b. Those with colors on the gley charts.

11. Media Layer 2 must be composed of 40-60% nitrogen-reducing media by volume, with the remainder to be fine aggregate and must not be installed when the observed water table at time of construction is at or above the lowest depth of Media Layer 2. The fine aggregate to be mixed with the nitrogen-reducing media must be one or more of the following textures: sand, fine sand, coarse sandy loam, sandy loam, loamy sand, fine sandy loam, very fine sand, loamy fine sand, and loamy very fine sand; and must conform to the colors in subparagraph 10., above. Media Layer 2 must shall be thoroughly mixed while the soil is in a non-plastic state, with the constituents uniformly distributed when installed.

12. Where the system has a total required drainfield size over 1,500ꞌ square feet, the design engineer must address the potential for mounding of the effluent between the drainfield and the bottom of Media Layer 2 at the estimated sewage flow and will increase the separation between the drainfield and Media Layer 2, to ensure Media Layer 1 maintains no less than 18 inches of unsaturated soil beneath the drainfield. A four-inch diameter observation port in the center of the drainfield must be installed to monitor this parameter. The observation port must be capped and lockable and installed within a protective surface cover. A toilet flange must be securely attached to the bottom of the observation port to prevent the port from being inadvertently raised from its installed position. The observation port, including the flange, must be perforated at the lowest elevation possible to allow accurate measurements. If installed within three feet of the sidewall of a bed or trench, the port must be grouted to prevent effluent from flowing down the outer surface of the port to the media.

13. Drainfield repair will not necessitate Media Layer 2 replacement provided the media has been in use for less than 10 years or if sampling within the previous 12 months shows denitrification at or above the target level for mean TN removal effectiveness which must be a minimum 65%.

14. Setback distances to the Media Layers 1 and 2 extending to the absorption surface of the drainfield will be reduced as follows:

a. Except for building foundations, vertical obstructions and pilings for elevated structures, where the required setback is ≤5 feet, the setback must be reduced to one foot.

b. Where the required setback is ≥10 feet, the setback must be reduced by five feet.

c. Setbacks to all other parts of the system must comply with the requirements in this chapter and Section 381.0065, F.S.

(c) INRB layers with liner, no underdrain, must be installed in accordance with paragraph (b) above with the following variations:

1. The system drainfield must be low-pressure dosed unless the professional engineer chooses another method to provide nitrification. Lift-dosing may be used provided the design calculations show that the entire distribution network will be charged with each dose.

2. Media Layer 2 must be enclosed beneath, and on the lower 6-8ꞌꞌ inches of all sides, by an impermeable liner composed of polyvinyl chloride (PVC), high-density polyethylene (HDPE), ethylene propylene diene methylene (EPDM) or other material having a thickness of at least 30 mils and being certified by the manufacturer for a minimum lifetime of 30 years buried in contact with sewage. If a manufacturer will not certify the liner for a minimum of 30 years, the engineer of record must choose a liner based on the manufacturer’s product information regarding resistance to physical and chemical substances to which it will be subject over the thirty-year period. EPA-approved landfill liners may be considered by the engineer of record.

3. No portion of the liner or Media Layer 2 can be within 18ꞌꞌ inches of the absorption surface of the drainfield.

4. The lowest point of the liner or Media Layer 2 must be no less than 6ꞌꞌ inches above the wet-season water table. There must be at least 6ꞌꞌ inches of unsaturated slightly limited soil between the bottom of the liner and the wet-season water table.

5. Media Layers 1 and 2 must extend beneath the entire drainfield absorption surface to a point at least 3.5ꞌ feet beyond the perimeter of any portion of the drainfield absorption surface. For repairs, the 3.5ꞌ feet dimension may be reduced incrementally to not less than 1.0ꞌ feet if necessary, to comply with a setback or if physical room is unavailable. Maintaining the 3.5 feet dimension will have a protection factor of 5 in determining the relative priority of competing factors in the application of Rule 62-6.015, F.A.C., Table V. No part of the liner can be placed within 12ꞌꞌ inches of the pump or treatment tank.

6. Media Layer 1 must comply with subparagraph (b)10. above.

7. Media Layer 2 must comply with subparagraph (b)11. above, be at least 12ꞌꞌ inches thick, and extend beneath the entire area below Media Layer 1.

8. The Department will not require sampling. Sampling may be required by the professional engineer, municipality or other state agency as necessary to comply with applicable regulatory requirements.

9. Where the system has a total required drainfield size over 1,500ꞌ square feet, the design engineer must address the potential for mounding of the effluent between the drainfield and the liner at the estimated sewage flow and will increase the separation between the drainfield and Media Layer 2 to ensure Media Layer 1 maintains no less than 18 inches of unsaturated soil beneath the drainfield. A four-inch diameter observation port must be installed in the center of the liner to allow the liquid level of effluent contained within the bottom of the media liner to be monitored. The observation port must be capped and lockable and installed within a protective surface cover. A toilet flange must be securely attached to the bottom of the observation port to prevent the port from being inadvertently raised from its installed position. The observation port, including the flange, must be perforated at the lowest elevation possible to allow accurate measurements. If installed within three feet of the sidewall of a bed or trench, the port must be grouted to prevent effluent from flowing down the outer surface of the port to the media.

10. The perimeter of the liner, in linear feet, multiplied by the perimeter loading rate must not be less than the estimated daily sewage flow for the system. The most restrictive soil texture between the elevation of the bottom of the drainfield and the elevation six inches below the bottom of the liner throughout the area of the installation and 24ꞌꞌ inches beyond the perimeter of the liner will be used to determine the media layer perimeter loading rate.

PERIMETER LOADING RATE

Soil Texture

Gallons/Linear Feet/Day

Coarse sand; sand; and loamy coarse sand

5

Fine sand

4

Loamy sand; coarse sandy loam; and sandy loam

3

11. The professional engineer may specify methods to replenish media and remove spent media if the continued presence of such spent media reduces the efficacy of the process and the methods do not compromise the efficacy of the system.

12. Any seams or penetrations through the liner must be sealed in accordance with the liner manufacturer’s instructions to prevent leakage for the life of the liner.

13. Setback distances to the liner, or to Media Layers 1 and 2 extending to the absorption surface of the drainfield will be reduced as follows:

a. Except for building foundations, vertical obstructions and pilings for elevated structures, where the required setback is ≤5 feet, the setback will be reduced to one foot.

b. Where the required setback is ≥10 feet, the setback will be reduced by five feet.

c. Setbacks to all other parts of the system will comply with the requirements in this chapter and Section 381.0065, FS.

Figure 2. INRB with Liner without underdrain

(d) INRB layers with liner and underdrain, must be installed in accordance with paragraphs (a) and (b) above with the following variations:

1. The system drainfield must be low-pressure dosed unless the professional engineer chooses another method to provide nitrification. Lift-dosing may be used provided the design calculations show that the entire distribution network will be charged with each dose.

2. The drainfield must be installed and centered over Media Layer 1 which conforms to the textures and colors in subparagraph (b)10. Media Layer 1 must extend at least 18ꞌꞌ inches past the perimeter of the drainfield.

3. Below Media Layer 1, Media Layer 2 must be installed and must extend at least 18 inches past the perimeter of the drainfield. Media Layer 2 must conform with subparagraphs (b)8., 9. and 11. above.

4. An impermeable liner meeting the construction standards of subparagraphs (c)2.-4., (c)9., and (c)12.-13. above, must be installed below Media Layer 2. The liner’s interior surface must extend to a point at least 18ꞌꞌ inches past the perimeter of the drainfield, at which point the liner must be directed upwards toward the ground surface maintaining contact with Media Layers 1 and 2, stopping at a point four to six inches below the level of the bottom of the drainfield. No portion of Media Layer 2 can be less than 18ꞌꞌ inches below the absorption surface of the drainfield. Media Layer 2 with liner will extend beneath the entire drainfield absorption surface and extend at least 18ꞌꞌ inches beyond the perimeter of any portion of the drainfield absorption surface. No part of the liner can be placed within 12ꞌꞌ inches of the pump or treatment tank.

5. An underdrain must be installed on top of and in contact with the interior surface of the bottom of the liner within Media Layer 2 and must disperse to a separately sized, located and installed drainfield. The underdrain must be designed to maximize effluent movement through Media Layer 2 into the underdrain. The transmission line from the underdrain to the separate drainfield must be set to maintain saturation to the top of Media Layer 2. For gravity flow, in order to maintain distribution as high as possible above the wet-season water table and to maintain the shallowest depth to finished grade, the transmission line must have a slope between zero and 1/8ꞌꞌ inch per foot when distributing the effluent to the separate drainfield.

6. Provided the effluent has passed vertically without pressure through Media Layer 1, the professional engineer may specify the separate drainfield that is separated from the wet-season water table by no less than 6ꞌꞌ inches and the separate drainfield may be installed no more than 48ꞌꞌ inches below final grade, provided there is slightly limited soils to a depth of 12ꞌꞌ inches below the separate drainfield’s absorption surface.

7. The minimum thickness of Media Layer 2 must be 12ꞌꞌ inches from the top of the liner to the bottom of Media Layer 1. Media Layer 2 thickness, as measured between the top of the underdrain and the top of Media Layer 2, must be 7 inches.

8. Compliance with subparagraph 62-6.009(7)(b)8.-14., F.A.C., is required.

9. The department will not require sampling. Sampling may be required by the professional engineer, municipality or other state agency as necessary to comply with applicable regulatory requirements.

10. The lowest point of the liner or media layer must be no less than 6 inches above the wet-season water table. There must be at least 6 inches of unsaturated slightly limited soil between the bottom of the liner and the wet-season water table.

11. Where the system has a total required drainfield size over 1,500ꞌ square feet, the design engineer must address the potential for mounding of the effluent between the drainfield and the liner at the estimated sewage flow and will increase the separation between the drainfield and Media Layer 2 to ensure Media Layer 1 maintains no less than 18ꞌꞌ inches of unsaturated soil beneath the drainfield. A four-inch diameter observation port must be installed in the center of the liner to allow the liquid level of effluent contained within the bottom of the media liner to be monitored. The observation port must be capped and lockable and installed within a protective surface cover. A toilet flange must be securely attached to the bottom of the observation port to prevent the port from being inadvertently raised from its installed position. The observation port, including the flange, must be perforated at the lowest elevation possible to allow accurate measurements. If installed within three feet of the sidewall of a bed or trench, the port must be grouted to prevent effluent from flowing down the outer surface of the port to the media.

12. The professional engineer may specify methods to replenish media and remove spent media if the continued presence of such spent media reduces the efficacy of the process and the methods do not compromise the efficacy of the system.

13. Setback distances to the liner, or Media Layers 1 and 2 extending to the absorption surface of the drainfield will be reduced as follows:

a. Except for building foundations, vertical obstructions, and pilings for elevated structures, where the required setback is ≤5 feet, the setback will be reduced to one foot.

b. Where the required setback is ≥10 feet, the setback will be reduced by five feet.

c. Setbacks to all other parts of the system will comply with the requirements in this chapter and Section 381.0065, F.S.

Figure 3 – INRB with liner and underdrain

(e) Prior to covering Media Layer 2, in addition to the inspections required in Rule 62-6.003, F.A.C., upon completion of the installation of Media Layer 2, a person installing or constructing the system must notify the Department that Media Layer 2 has been installed and must have that portion of the system inspected by the Department. If the inspection of Media Layer 2 is the initial inspection of the system, the initial inspection fee in paragraph 62-6.030(1)(i), F.A.C., must be paid. If an initial inspection occurred before the Media Layer 2 inspection, the reinspection fee in paragraph 62-6.030(1)(j), F.A.C., must be paid.

(f) Repairs of systems incorporating media layers must meet the current standard for nitrogen reduction. The provisions of subsection 62-6.003(3), F.A.C., do not apply to repair of systems that include media layers, nor will repairs be allowed per subsection 62-6.015(3), F.A.C.

(g) Final installation approval must not be granted until the Department has confirmed that the property owner has executed and recorded in the public property records at the county courthouse, a written notice that informs all subsequent property owners of the use of the nitrogen-reducing media onsite system that may require special repair or maintenance procedures. The notice must include the Department’s construction permit number for the system, and that additional information may be obtained by contacting the Department.

(8) Alternative system component and design approval – After innovative system testing is completed, requests for approval of system components and designs which are not specifically addressed in this chapter shall be submitted to the Department’s Onsite Sewage Program.

(a) Requests for alternative system component material and design approval shall include:

1. Detailed system design and construction plans by an engineer licensed in the State of Florida,

2. Certification of the performance capabilities of the product submitted by an engineer licensed in the State of Florida,

3. Research supporting the proposed system materials,

4. Empirical data showing results of innovative system testing in the State of Florida; and,

5. A design, installation and maintenance manual showing how to design and install the system in accordance with this chapter for standard, filled, mounded, gravity-fed, dosed, bed and trench configurations.

(b) In addition to those items listed in paragraph 62-6.009(7)(a), F.A.C., manufacturers of drip effluent disposal system distribution lines, emitters, and components shall apply for and obtain approval from the Department’s Onsite Sewage Program for specific model numbers or part numbers prior to inclusion of the components on any site specific permit application. Manufacturer’s of drip effluent disposal system components shall provide design and installation manuals for engineering and construction guidance. Design manuals shall include tables that detail flow rates vs. pressure and pressure loss per length(s) of distribution pipe.

(c) The detailed plans and information submitted with the approval request shall be reviewed by the Department’s Onsite Sewage Program to determine whether or not there is a reasonable certainty of the effectiveness and reliability of the proposed alternative system component. If the Department is not satisfied that the information provided provides reasonable evidence of the effectiveness and reliability of the alternative system component and designs, the Department shall deny the approval. Department approval of any alternative system component does not guarantee or imply that any individual system installation will perform satisfactorily for a specific period of time. Upon Department approval of the material and design, the manufacturer shall list the Department approval date in the installation and design manual. Proposals to amend the approved installation and design manual shall be submitted to the Department for approval. The date of amendment approval shall be included in the manual.

(d) Except as provided for in Part IV of this chapter, alternative drainfield materials and designs shall not be approved which would result in a reduction in drainfield size using the mineral aggregate drainfield system as described in Rule 62-6.014, F.A.C., and the total surface area of soil at the bottom of the drainfield as the criteria for drainfield sizing comparisons. Alternative system component and design approvals shall not be granted for the following items:

1. Those which, in whole or in part, are used to achieve a more advanced level of treatment than the baseline treatment level specified in Part IV of this chapter,

2. Aerobic treatment units,

3. Septic tank designs, filters, seals, and sealants,

4. Additives,

5. Header and drainfield pipe, including their layout; and,

6. Water table separation and setback requirements.

(e) Unless determined unnecessary or impractical by the Department at the time of component approval, effective January 1, 2010, all components shall be labeled with the name of the manufacturer and the model identification of the component. The design, installation and maintenance manual shall show the location of the label and shall include an illustration of a typical label. The label shall be in a location where it will be visible or easily exposed at the time of system inspection. All identifying marks shall be inscribed or affixed at the point of manufacture.

(9) Other alternative systems – systems such as low pressure distribution networks, small diameter gravity sewers, low pressure sewer systems, alternating absorption fields, and sand filters designed and submitted by an engineer who is licensed in the State of Florida, meeting the general requirements of this chapter, shall be approved by the Department where evidence exists that use of such systems will not create sanitary nuisance conditions, health hazards or pollute receiving waters. Use of an alternative system may require the establishment of procedures for routine maintenance, operational surveillance, and environmental monitoring to assure the system continues to function properly.

(10) Use of a system to serve more than one residence or commercial building under separate ownership and when located on separate lots shall require the establishment of a local sewer district, maintenance franchise, or other legally binding arrangement for the operation and maintenance of such system.

(11) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400 or Florida Department of State, Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. Reference materials deemed copyright protected are available for inspection at the same address.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(4)(e) FS. Law Implemented 381.0065 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.49, Amended 3-17-92, 1-3-95, Formerly 10D-6.049, Amended 11-19-97, 2-3-98, 3-22-00, 4-21-02, 6-18-03, 11-26-06, 6-25-09, 7-31-18, Formerly 64E-6.009, Amended 6-21-22.

Fla. Admin. Code R. 62-6.010 Septage and Food Establishment Sludge

(1) No septic tank, grease interceptor, privy, or other tank associated with an onsite sewage treatment and disposal system can be cleaned or have its contents removed until the service person has obtained an annual operating permit from the Department in the county in which the service company is located. Permits issued under this section authorize the disposal service to handle liquid waste associated with food operations, domestic waste, or domestic septage. Such authorization applies to all septage produced in the State of Florida, and food establishment sludge which is collected for disposal from onsite sewage treatment and disposal systems.

(2) Application for a service permit must be made to the Department on Form DEP 4012, effective date 06-21-2022, “Application for Septage Disposal Service Permit, Temporary System Service Permit, Septic Tank Manufacturing Approval” herein incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-14364. Any change to the permit conditions requires a permit amendment using form DEP 4012. Permit amendments do not alter the permit issue or expiration date. Copies of this document are available as provided in subsection (10) below. The following must be provided for the evaluation prior to issuance of a service permit:

(a) Evidence that the applicant possesses adequate equipment such as a tank truck with a liquid capacity of at least 1,500 gallons, pumps, as well as other appurtenances and tools necessary to perform the work intended. Equipment may be placed into service only after it has been inspected and approved by the Department. Tanks used for the storage of septage and food service sludges must be constructed, sized, and operated in accordance with the following provisions:

1. Septage storage tanks must be constructed of concrete, fiberglass, corrosion-resistant steel, polyethylene, or polypropylene. Tanks must be watertight and must be water tested during the inspection by the Department for leaks prior to placing into service. Storage tanks installed after the effective date of this rule must meet the setback requirements of paragraph 62-6.0101(7)(a), F.A.C.

2. Construction of concrete tanks must be at a minimum equal to that required of concrete septic tanks in Rule 62-6.013, F.A.C. Fiberglass tanks and tanks of similar materials must be constructed in accordance with standards found in Rule 62-6.013, F.A.C.

(b) The proposed disposal method and the site to be used for disposing of onsite sewage treatment and disposal system septage.

(c) The contractor registration number and certificate of authorization number, if applicable.

(3) When a permit is issued, the number of said permit along with the name of the company, its phone number, and the gallon capacity of the waste storage tank shall be prominently and permanently displayed on the service truck in contrasting colors with 3 inch or larger letters. Use of removable magnetic signs shall not be considered permanent display of vehicle identification information. A septage disposal service permit shall be suspended, revoked or denied by the Department in accordance with Chapter 120, F.S., for failure to comply with requirements of this chapter.

(4) After septage or food establishment sludge is removed from an onsite sewage treatment and disposal system, the original lid of the tank shall be put back in place, or be replaced with a new lid if the original lid is broken. The tank lid shall be completely sealed and secured as per paragraph 62-6.013(2)(i), F.A.C., and the ground backfilled and compacted so that the site is left in a nuisance free condition.

(a) Contents of any treatment tank, including all chambers of a multi-chambered tank, or pump tank shall be removed in their entirety when pumped. Where in the opinion of the person pumping any onsite sewage treatment and disposal system waste receptacle or pump tank, the complete removal of all tank contents may create an unintended problem in regards to the continued use of the system, a complete pumpout is not required. The pumper must document, in writing, to the system owner the reason for the partial pumpout, the gallonage pumped from the system, and what material was left in the tank.

(b) The access to pump a tank must be through the lid of the tank, through the manhole or by moving a sectional lid. Where the tank is chambered, separate chambers must be accessed through the manholes or sectional lid for the chamber being pumped. Pumping shall not be accomplished by entering the tank through inlets or outlets. Where the lid of the tank must be broken in order to gain access for the removal of tank contents, or at anytime when the lid is broken, the lid shall be replaced.

(5) Untreated food establishment sludges, and septage shall be transported to an approved treatment facility in such a manner as to preclude leakage, spillage or the creation of a sanitary nuisance.

(6) Septage and sludges must be transported in such a manner to preclude leakage, spillage or the creation of a sanitary nuisance.

(7) The food establishment sludge and contents from onsite waste disposal systems must be disposed of at a site and by a disposal method approved by the Department. Untreated domestic septage or food establishment sludges must not be applied to the land.

(a) Land application of domestic septage and sludges is not permitted under this chapter.

(b) All septage and food establishment sludge haulers regulated by Chapter 62-6, F.A.C., are to maintain a collection and hauling log at the main business location which provides the information listed below. Records must be retained for five (5) years.

1. Date of septage or waste collection,

2. Address of collection,

3. Indicate whether the point of collection is a residence or business and if a business, the type of business,

4. Estimated volume, in gallons, of septage or waste transported,

5. Location of the approved treatment facility,

6. Date and time of discharge to the treatment facility; and,

7. Acknowledgement from treatment facility of receipt of septage or waste.

(c) Septage which contains toxic or hazardous waste must be disposed of in accordance with the rules of the Department.

(d) Food establishment sludges may be discharged into permitted domestic wastewater treatment facilities pursuant to the requirements of Chapter 62-600, F.A.C.

(8) Septage and food establishment sludge storage tanks may be located at sites owned or leased by the disposal service. Where leased, a copy of the complete lease agreement must be provided as part of the application. The lease must provide for the final disposition of all tanks and designate the party to be held responsible for final disposition of any tank on a leased facility. Whenever locations or tanks are modified, added, or removed, the applicant must amend their service permit application using Form DEP 4012 and provide all current information to the Department prior to any changes being made. All changes must be noted on an amended permit and will not alter the issue date of the permit. All alterations must be inspected by the Department at the time of installation as well as after removal of any tank.

(9) Potable water supplies located at septage and food establishment sludge storage tank site must be provided with back flow prevention devices to prevent potential contamination of water supplies.

(10) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(4)(e), 489.553(3) FS. Law Implemented 381.0065, 386.041, 373.4595 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.52, Amended 3-17-92, 1-3-95, 5-14-96, Formerly 10D-6.052, Amended 3-22-00, 5-24-04, 11-26-06, 6-25-09, 4-28-10, 7-16-13, Formerly 64E-6.010, Amended 6-21-22.

Fla. Admin. Code R. 62-6.0101 Portable Restrooms and Portable or Stationary Holding Tanks

(1) Persons servicing portable restrooms, portable hand washing facilities and portable or stationary holding tanks shall obtain an annual permit on Form DEP 4013 from the Department for the county in which the service company has an office or storage yard. The service company need not be permitted in neighboring counties in which the service company operates but does not have an office or storage yard. Service persons shall carry proof of possession of a current annual operating permit and vehicle inspection for review by Department personnel in neighboring counties. Permits issued under this rule authorize the disposal service to handle liquid waste associated with portable restrooms, portable hand washing facilities, restroom trailers, shower trailers and portable or stationary holding tanks containing domestic wastewater produced in the State of Florida.

(2) Application for a service permit must be made to the Department on Form DEP 4012, effective date 06-21-2022, “Application for Septage Disposal Service Permit, Temporary System Service Permit, Septic Tank Manufacturing Approval”, adopted and incorporated by reference in subsection 62-6.010(2), F.A.C., at https://www.flrules.org/Gateway/reference.asp?No=Ref-14364 and is available as provided in subsection (8) below. Any change to the permit conditions will require a permit amendment using Form DEP 4012. Adding storage tanks to hold the liquid waste associated with portable restrooms, portable hand washing facilities, restroom trailers, shower trailers and portable or stationary holding tanks containing domestic wastewater may be located at sites owned or leased by the service. The tanks must comply with the construction standards found in paragraph 62-6.010(2)(a), F.A.C. Where leased, a copy of the complete lease agreement must be provided as part of the application. The lease must provide for the final disposition of all tanks and designate the party to be held responsible for final disposition of any tank on a leased facility. Whenever locations or tanks are modified, added or removed, the applicant must amend their current service permit application using Form DEP 4012 and provide all current information to the department prior to any changes being made. All changes must be noted on an amended permit, which will not alter the issue or expiration date of the permit. All alterations must be inspected by the department at time of installation, as well as after removal of any tank. The following must be provided for the evaluation prior to issuance of a service permit:

(a) Evidence that the applicant possesses adequate equipment such as a tank truck, pumps, as well as other appurtenances and tools necessary to perform the work intended. Equipment may be placed into service only after it has been inspected and approved by the Department. Tanks used for the storage of portable or stationary holding tank waste and portable restroom waste must be constructed, sized, and operated in accordance with the provisions of subparagraphs 62-6.010(2)(a)1. and 2., F.A.C.

(b) The proposed disposal method and the site to be used for disposing of the waste from portable restrooms or portable or stationary holding tanks.

(c) The contractor registration number and certificate of authorization number, if applicable.

(3) When a permit is issued, the number of said permit along with the name of the company, its phone number, and the gallon capacity of the waste storage tank shall be prominently and permanently displayed on the service truck in contrasting colors with 3 inch or larger letters. Use of removable magnetic signs shall not be considered permanent display of vehicle identification information.

(4) After waste is removed from a portable or stationary holding tank, the original cap or lid of the tank shall be put back in place, or be replaced with a new cap or lid if the original one is broken. Tank lids shall be completely sealed and secured as per paragraph 62-6.013(2)(i), F.A.C. The site shall be left in a nuisance-free condition.

(5) Waste from portable or stationary holding tanks or portable restrooms shall be transported to an approved treatment facility in such a manner as to preclude leakage, spillage or the creation of a sanitary nuisance.

(6) All portable restroom and portable or stationary holding tank waste haulers regulated by Chapter 62-6, F.A.C., are to maintain a collection and hauling log at the main business location which provides the information listed below. Records must be retained for five (5) years.

(a) Date of septage or waste collection;

(b) Estimated volume, in gallons, of waste transported;

(c) Location of the approved treatment facility;

(d) Date and time of discharge to the treatment facility;

(e) Acknowledgement from treatment facility of receipt of waste; and,

(f) The location and the installation or placement date of all portable holding tanks placed into service. When the Department requests to see the list of holding tank installation locations, only those locations within the Department’s jurisdiction need to be provided.

(7) Portable Restrooms, Portable Holding Tanks, Stationary Holding Tanks, Mobile Restroom Trailers, Mobile Shower Trailers, and Portable Sinks.

(a) The Department shall allow, on a temporary basis, portable restrooms, mobile restrooms, mobile shower trailers, and portable or stationary holding tanks for fairs, carnivals, revivals, field locations, encampments and other locations which lack permanent structures where people congregate for short periods of time, provided the construction, maintenance, and utilization of such systems conform to the general provisions of this chapter. Portable restrooms, portable or stationary holding tanks or other restroom facilities shall be provided at commercial and residential building sites for the duration of construction any time workers are present, and shall not be bound by the definition of temporary. All required restroom facilities shall remain accessible whenever the intended users are present. Where the Department determines that no health hazard will result, portable restrooms, portable holding tanks, stationary holding tanks, mobile restroom trailers, mobile shower trailers, and portable sinks shall be permitted meeting setbacks that are 50% of the setback requirements of subsections 62-6.005(1) through (3), F.A.C., provided portable or stationary holding tanks shall be placed within secondary containment structures with a containment capacity of no less than 110% of the total waste capacity of the holding tank. For purposes of this rule, a holding tank is any sealed, water tight fixture for receiving and storing domestic wastewater from plumbing fixtures in remote locations or at building sites or special events. For purposes of this rule, a portable restroom is a transportable, self contained static or flush-type toilet constructed to promote a sanitary environment at remote locations, building sites or special events, comprised of at least a waste storage receptacle, a riser and toilet seat and a protective enclosure. Portable restrooms, mobile restrooms, and mobile shower trailers at building sites or at a location for a temporary period of time do not require a permit from the Department but must comply with the provisions of this rule. A construction permit (DEP 4016) shall be obtained before placing or installing any stationary holding tanks.

(b) The Department shall approve, for permanent use or placement, portable restrooms or stationary holding tanks at continually used locations where restroom facilities are desirable for the promotion of public health and where conventional facilities are neither available nor practical. Examples of such locations would be boat ramps, remote areas of golf courses, office or sales trailers, or other places where people congregate which meet the above criteria. A construction permit (DEP 4016) shall be obtained before placing or installing any portable restroom or stationary holding tank for permanent use. The portable restroom service company providing portable restrooms or stationary holding tanks shall be responsible for maintenance of the unit and removal if conventional facilities are made available.

(c) Portable restrooms shall be self-contained, have self closing doors and shall be designed and maintained so that insects are excluded from the waste container.

(d) Portable restroom service company operators shall use Table PR I to determine the required number of facilities for special events for use in situations where no local or state codes provide a minimum number of toilet facilities. Table PR I assumes that the portable restrooms are serviced only once per day. If the restrooms are serviced twice per day, the value from the table shall be divided by two. If they are pumped three or more times per day, the value shall be divided by three. All resulting fractional numbers of restrooms required shall be rounded up to the next higher whole number of restrooms. If permanent restroom facilities are available for use by the attendees, the number of portable restrooms may be reduced based on the number of attendees the permanent facilities are designed to accommodate. At least one working day prior to the special event, special event organizers shall provide to the Department a signed contract, or facsimile copy thereof, with the portable restroom service company specifying the dates the facilities will be on the event site, the number of restroom facilities to be provided, the servicing frequency and the removal date for the units.

(e) Table PR II shall be used to determine the number of required facilities at remote locations and commercial and residential building sites.

1. Table PR II assumes that the portable restrooms are serviced only once per week. If the restrooms are serviced twice per week, the value from the table shall be divided by two. If they are pumped three or more times per week, the value shall be divided by three. All resulting fractional numbers of restrooms required shall be rounded up to the next higher whole number of restrooms.

2. Where a contractor has multiple building sites, the individual sites shall be considered a single site for purpose of determining the number of facilities. Portable restrooms serving multiple individual building sites may be shared between sites provided they are no more than 300 feet from any individual building site served.

(f) Waste receptacles shall be watertight and made of non-absorbent, acid resistant, corrosion-resistant and easily cleanable material.

(g) The floors and interior walls shall have a non-absorbent finish and be easily cleanable.

(h) Portable restrooms shall be serviced at least weekly and the inside of the structure housing the storage compartment shall be cleaned on each service visit. The waste storage compartment shall be charged with a sanitizer-deodorizer solution prepared in accordance with the sanitizer-deodorizer manufacturer’s instructions.

(i) Each portable restroom shall have listed in a conspicuous place the name and telephone number of the servicing company.

(j) Portable restrooms shall be maintained in a sanitary condition. Portable restrooms at special events shall be serviced at least daily.

TABLE PR I

NUMBER OF PORTABLE RESTROOMS REQUIRED FOR SPECIAL EVENTS

(ASSUMES SERVICING ONCE PER DAY)

NUMBER OF PEOPLE PER DAY

NUMBER OF HOURS FOR EVENT PER DAY

1

2

3

4

5

6

7

8

9

10

250

2

2

2

2

2

3

3

3

3

3

500

2

3

4

4

4

4

4

4

4

4

1,000

4

5

6

7

7

8

8

8

8

8

2,000

6

10

12

13

14

14

14

15

15

15

3,000

9

14

17

19

20

21

21

21

21

22

4,000

12

19

23

25

28

28

28

30

30

30

5,000

15

23

30

32

34

36

36

36

36

36

6,000

17

28

34

38

40

42

42

42

44

44

7,000

20

32

40

44

46

48

50

50

50

50

8,000

23

38

46

50

54

57

57

58

58

58

9,000

26

42

52

56

60

62

62

62

64

64

10,000

30

46

57

63

66

70

70

72

72

72

12,500

36

58

72

80

84

88

88

88

88

92

15,000

44

70

84

96

100

105

105

110

110

110

17,500

50

80

100

110

115

120

125

125

126

126

20,000

57

92

115

125

132

138

138

144

144

150

25,000

72

115

144

154

168

175

175

176

176

184

30,000

88

138

168

192

200

208

208

216

216

216

TABLE PR II

PORTABLE RESTROOMS REQUIRED FOR REMOTE LOCATIONS AND COMMERCIAL AND RESIDENTIAL BUILDING SITES

PER SITE OR LOCATION (ASSUMES SERVICING ONCE PER WEEK)

NUMBER OF PEOPLE PER SITE 8 HOURS PER DAY – 40 HOURS PER WEEK

NUMBER OF RESTROOMS REQUIRED

1-10

1

11-20

2

21-30

3

31-40

4

41-50

5

over 50

Add 1 restroom for every 10 additional people or fraction thereof

TABLE PR III

HOLDING TANK CAPACITY REQUIRED FOR REMOTE LOCATIONS, AND SPECIAL EVENTS PER SITE OR LOCATION (ASSUMES SERVICING TWICE PER WEEK)

NUMBER OF PEOPLE PER SITE 8 HOURS PER DAY – 40 HOURS PER WEEK

MINIMUM HOLDING TANK CAPACITY (IN GALLONS)

1

125

2-3

250

4-5

500

6-7

750

over 7

Add 125 gallons for each additional person

(k) Portable hand washing facilities shall be self-contained and have access to a fresh water compartment and a wastewater compartment. A sign shall be posted near the hand washing apparatus to advise users that the water is not for drinking.

(l) Portable hand washing facilities shall be provided in a proportion of one hand wash facility to every ten portable restrooms required, and shall be provided at special events and remote locations where food is served or picnic areas are provided. With the exception of locations where food is served, hand sanitizers may be used in lieu of hand washing facilities, at the option of the applicant.

(m) The number and location of portable restroom and hand washing facilities for food handlers at special events shall be based on this section or applicable local or state food hygiene requirements, whichever is greater.

(n) An applicant for a stationary holding tank installation permit shall provide to the Department a copy of a contract with a permitted disposal company that states the holding tank capacity and the scheduled pumping frequency.

(o) All stationary holding tanks shall be constructed in compliance with the construction standards for treatment receptacles in Rule 62-6.013, F.A.C.

(p) Portable holding tanks must meet the following requirements:

1. The total effective capacity of the portable holding tank must not exceed 300 gallons,

2. No portion of the portable holding tank must be more than 12ꞌꞌ inches below the surface of the ground,

3. The portable holding tank must be used for a construction site or temporary use,

4. The portable holding tank must be rigid, water-tight, impervious,

5. Polyethylene holding tanks must meet the requirements of International Association of Plumbing and Mechanical Officials (IAPMO)/American National Standards Institute (ANSI) Z1000-2019 Paragraph 7.1 “Blow Molded and Single-Layer Rotationally-Molded Polyethylene Septic Tanks” and 7.2 “Multi-Layer Rotationally-Molded Polyethylene Septic Tanks” herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at IAPMO, 4755 East Philadelphia Street, Ontario, California 91761, or at publisher’s website at www.iapmo.org/, and is available for inspection as provided in subsection (8) below. Where the requirements of IAPMO/American National Standards Institute (ANSI) Z1000-2019, Paragraphs 7.1 and 7.2 conflict with the standards in this section, the standards in this section must apply,

6. Multiple portable holding tanks, if used, shall be connected in such a manner that leakage from one tank will not result in the loss of any liquid from any other tanks,

7. Each portable holding tank shall have listed in a conspicuous place the name and telephone number of the servicing company; and,

8. The portable holding tank shall be removed from the site when no longer needed,

9. The portable holding tank servicing company shall maintain a list of the location and the installation or placement date of all portable holding tanks placed into service. The list shall be made available to the Department upon request.

(q) Portable or stationary holding tanks shall be serviced at least weekly to prevent insanitary conditions.

(r) Table PR III shall be used to determine the required total capacity of portable or stationary holding tanks serving a remote location, construction site, or special event. The values from table PR III shall be adjusted proportionately to the number of times per week the holding tank will be emptied.

(s) Application for a service permit shall be made to the Department on Form DEP 4012, “Application for Septage Disposal Service Permit, Temporary System Service Permit, Septage Treatment and Disposal Facility, Septic Tank Manufacturing Approval.” The following must be provided for the evaluation prior to issuance of a service permit:

1. The permanent location and address of the business where operations will originate and where equipment is to be stored when it is not in use.

2. The proposed disposal method and the site to be used for disposing of the waste.

(t) The following equipment, maintenance and service requirements shall be complied with:

1. Vehicles used for servicing portable restrooms shall be provided with two separate tanks or a dual compartment tank. One compartment or tank shall be used for receiving and removing wastes and the other shall be used for clean water storage and shall have adequate capacity to allow proper cleaning of each serviced unit. The waste tank on all vehicles servicing portable restrooms or portable or stationary holding tanks shall be equipped with a suction hose having a cut-off valve not more than 36ꞌꞌ inches from the intake end.

2. Standby portable restroom and holding tank service equipment shall be available for use during breakdowns or emergencies. If equipment from another approved service is to be used for stand-by purposes, a written agreement between the services must be provided to the Department.

3. The waste storage compartment of a tank truck shall be maintained as necessary to prevent the creation of sanitary nuisance conditions.

(u) Portable or stationary holding tank, portable restroom, and portable hand sink wastes must be disposed of into a treatment facility approved or permitted for such disposal by the Department. These wastes must be disposed of at a Department approved treatment facility. Companies which service portable or stationary holding tanks or portable restrooms which use quaternary ammonium sanitizing and deodorizing compounds are prohibited from having the wastes treated or disposed of at lime stabilization facilities.

(v) Contents of portable restrooms and portable or stationary holding tanks shall be removed in their entirety when pumped.

(w) Persons who own portable restrooms but are not a permitted service company shall maintain a service contract with a permitted service company for every portable restroom in use. The name and telephone number of the owner shall be displayed on every portable restroom in use.

(8) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400 or Florida Department of State, Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. Reference materials deemed copyright protected are available for inspection at the same address.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(4)(e), 489.553(3) FS. Law Implemented 381.0065, 386.041 FS. History–New 5-24-04, Amended 11-26-06, 6-25-09, 4-28-10, Formerly 64E-6.0101, Amended 6-21-22.

Fla. Admin. Code R. 62-6.011 Abandonment of Systems

(1) Whenever the use of an onsite sewage treatment and disposal system or stationary holding tank is discontinued following connection to a system permitted under Chapter 403, F.S., or discontinuing the use of a septic tank(s) or other onsite sewage tank(s) and replacement with another onsite sewage tank(s), the system must be abandoned within 90 days and any further use of the system or tank(s) for any purpose is prohibited. However, if the Department or its designee approves the use of the retention tank where the tank is to become an integral part of a system permitted under Chapter 403, F.S., or stormwater management system, the onsite sewage tank(s) need not be abandoned.

(2) Abandonment of an onsite sewage treatment and disposal system or stationary holding tank must be conducted pursuant to a general permit or a system construction permit, unless excepted in this rule, subject to full compliance with this rule.

(a) General Permit. To obtain a general permit for the abandonment of an onsite sewage treatment and disposal system the following steps must be taken in the order listed:

1. Notice of Intent. The contractor performing the abandonment must provide their notice of intent to abandon the onsite sewage treatment and disposal system under a general permit as agent for the applicant, submit the required fee for an abandonment permit with the Department, and provide the following information:

a. Property owner name and contact information.

b. Contractor’s name and license information, business name and business license information, business telephone and website contact information and e-mail.

c. Property street address, parcel number, city, state, zip code.

d. County where the onsite sewage treatment and disposal system to be abandoned is located.

e. Existing permit numbers, if applicable and known.

f. Description of system to be abandoned.

2. The Department will review the notice of intent information submitted and issue the General Permit on Form DEP 4011, effective June 2026, General Permit for System Abandonment, herein adopted and incorporated by reference at https://flrules.org/Gateway/reference.asp?No=Ref-19500. The General Permit is valid for 18 months from date of issuance.

3. The tank(s) must be pumped out by a permitted septage disposal company who must provide a receipt or a written certification to the contractor performing the abandonment. Alternatively, if the tank(s) is/are empty and dry at the commencement of the abandonment, a written statement to that effect by the septage disposal company or the licensed contractor performing the abandonment must be provided to the Department.

4. The bottom of the tank(s) must be opened or ruptured, or the entirety of each tank collapsed to prevent the tank from retaining water; and,

5. The tank(s) must be filled with clean sand or other suitable material, and completely covered with soil. If the tank(s) cannot be ruptured or collapsed the fill material must be flowable fill concrete.

6. Alternative to the procedures in subparagraphs 62-6.011(2)(a)4. and 5., F.A.C., the tank(s) may be removed from the site, following the procedures in subsection 62-6.015(6), F.A.C., for spoil material. The removed tank(s) must be scrapped and not used in other onsite sewage treatment and disposal systems.

7. After completion of the abandonment, the contractor performing the abandonment must complete the certification to confirm that the system was properly abandoned in accordance with this rule and in compliance with the General Permit, Form DEP 4011, herein adopted and incorporated by reference in subparagraph 62-6.011(2)(a)2., F.A.C.

8. The contractor must provide a receipt or a written certification of the pump-out and photographic documentation of the abandonment process to the Department. Photographs must be submitted in a generally accepted digital format with metadata attached, including the date, time, and location of the tank and property. Photographs must identify the following information:

a. A photograph of the empty tank(s) with either the bottom ruptured, the tank(s) collapsed, or removed from the site;

b. A photograph showing the clean sand or other suitable material placed inside the ruptured or collapsed tank(s);

c. A photograph showing the tank location completely filled with clean sand or other suitable material; and

d. At least one photograph that includes the structure or a clearly identifiable landmark to confirm the location on the property.

9. Upon receipt of complete documentation from the contractor performing the abandonment the Department will acknowledge completion of the abandonment procedure under the general permit. No onsite inspection by the Department will be performed unless the Form DEP 4011, General Permit for System Abandonment, herein adopted and incorporated by reference in subparagraph 62-6.011(2)(a)2., F.A.C., and supporting documentation is incomplete or otherwise indicates potential noncompliance with this rule.

(b) System Construction Permit. The following actions must be taken, in the order listed, to abandon an onsite sewage treatment and disposal system under a system construction permit, as issued on Form DEP 4016, incorporated by reference in subsection 62-6.003(1), F.A.C.:

1. The property owner or agent must apply for a system construction permit from the Department to abandon the existing onsite sewage treatment and disposal system using DEP Form 4015, incorporated by reference in subsection 62-6.004(1), F.A.C., and submit the required fee. Site Evaluation and System Specifications and Existing System and Repair Evaluation of DEP Form 4015 are not required. Upon receiving a system construction permit:

2. The tank(s) must be pumped out by a permitted septage disposal company who must provide a receipt or a written certification to the contractor performing the abandonment. Alternatively, if the tank(s) is/are empty and dry at the commencement of the abandonment, a written statement to that effect by the septage disposal company or the contractor performing the abandonment must be provided to the Department.

3. The bottom of the tank(s) must be opened or ruptured, or the entirety of each tank collapsed to prevent the tank from retaining water.

4. An inspection of the system abandonment must be conducted by the Department or a private provider inspector, who must provide an inspection report to the Department. The inspection report must include photographs as specified in subparagraph 62-6.011(2)(a)8., F.A.C.

5. The tank(s) must be filled with clean sand or other suitable material and completely covered with soil. If the tank(s) cannot be ruptured or collapsed the fill material must be flowable fill concrete.

6. Alternative to the procedures in subparagraphs 62-6.011(2)(b)3. and 5., F.A.C., the tank(s) may be removed from the site by a septage disposal service, which is required to follow the procedures in subsection 62-6.015(6), F.A.C., for spoil material. Reuse and installation of a tank at another site is only permissible if all of the following are met:

a. The abandoned tank has a valid tank legend indicating current tank approval.

b. The installing contractor certifies the structural integrity of the tank and provides the permit number under which the tank had been abandoned.

c. After installation at another site, the tank must be tested and pass the water tightness test pursuant to paragraph 62-6.013(11)(d), F.A.C., and inspected by the Department or a private provider inspector for water tightness. A test report by the person conducting the water tightness test must identify who inspected the water tightness test, and must be included as part of the other construction inspection documentation as stated in subparagraph 62-6.003(2)(i)6., F.A.C.

d. The tank passes construction inspection by the Department or private provider inspector.

(3) Exceptions. The permitting provisions of subparagraphs 62-6.011(2)(a)1. and 2., F.A.C., or subparagraph 62-6.011(2)(b)1., F.A.C., are not required if one of the following applies:

(a) If a local utility or local plumbing authority performs a system abandonment program which requires the completion of those steps listed in subparagraphs 62-6.011(2)(a)3.-5., F.A.C., and an inspection by the local utility or local plumbing authority, the local utility or local plumbing authority performing the abandonment program must maintain a log of all inspections performed and forward the log to the Department on a monthly basis.

(b) If a replacement with another onsite sewage tank is performed at the property under another system construction permit, the system construction permit application must specify information regarding the onsite sewage tank(s) that will be abandoned as part of the permitted construction. An applicant is not required to have such a tank pumped out and inspected as otherwise required by paragraph 62-6.001(4)(b), F.A.C, but must have the tank volume determined for a system construction permit application.

(4) A septic tank serving a single family residence may, at the owner’s discretion, be converted into a cistern pursuant to the following procedures:

(a) The applicant must obtain a system abandonment construction permit from the Department.

(b) The permit application must specify the intended use of the abandoned septic tank.

(c) The activities related to abandoning the onsite sewage treatment and disposal system must not create a sanitary nuisance.

(d) The septic tank must be disconnected from the drainfield and from the building sewer pipe.

(e) All work to disconnect, clean and sanitize the septic tank must be conducted by a registered septic tank contractor, master septic tank contractor, or a state-licensed plumber or by the owner of the owner-occupied single family residence being served by the septic tank.

(f) All septage, wash water, and other liquids removed from the tank must be removed and handled as septage (Rule 62-6.010, F.A.C.) by a licensed septage disposal service and disposed of at a Department-regulated wastewater treatment facility.

(g) The Department must inspect the tank once it is disconnected, emptied, cleaned, disinfected and filled with water. The inspection must determine whether all of the following conditions have been met:

1. The tank has been disconnected from the drainfield and the building sewer.

2. The tank is full of water within 12 inches of the top of the tank.

3. The clarity of the water is such that a Secchi disk is visible at the bottom of the tank.

4. The pH of the water in the tank is between 6.0 and 8.0.

5. The free chlorine residual of the water in the tank is ≤ 1.0 ppm.

6. The total coliform count is ≤ 1000 per 100 ml.

7. The fecal coliform count is ≤ 200 per 100 ml.

8. No sanitary nuisance condition exists on the property related to the abandonment activities.

(h) One inspection is included in the abandonment permit fee. The applicant must pay a reinspection fee for any additional inspection visits necessary until all of the criteria in subparagraphs 62-6.011(4)(g)1. through 8., F.A.C., are met and final approval of the abandonment is granted by the Department.

(i) The applicant is responsible for all required laboratory fees. All sampling must be conducted by Department staff during the final inspection.

(j) The septic tank must be converted and inspected within 90 days after connection of the building plumbing to the sanitary sewer.

(k) The tank must not be connected to any irrigation components nor can the water be used for irrigation purposes until final approval of the abandonment has been granted by the Department.

(l) Upon final approval of the abandonment, use of the tank or the drainfield for sewage storage, treatment or disposal is prohibited and constitutes a nuisance injurious to health as defined by Section 386.041, F.S.

(m) Upon final approval of the abandonment, the water collected in the tank must be utilized for non-potable, irrigation purposes only.

History

• Rulemaking Authority 381.0065 FS. Law Implemented 381.0065, 381.0066, 386.041 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.53, Amended 3-17-92, 1-3-95, Formerly 10D-6.053, Amended 6-18-03, 6-25-09, 7-16-13, Formerly 64E-6.011, Amended 6-8-26.

Fla. Admin. Code R. 62-6.012 Standards for the Construction, Operation, and Maintenance of Aerobic Treatment Units

When aerobic treatment units are used for treating domestic and commercial sewage waste, each unit must be installed, operated and maintained in conformance with the following provisions:

(1) Aerobic treatment units designed to treat up to 1,500 gallons of sewage waste per day must be listed by a third party certifying program approved by the Department. Aerobic treatment units must be in compliance with at least one of the following standards: Class I systems as defined by NSF International Standard/American National Standard (NSF/ANSI) 40-2020, “Residential Wastewater Treatment Systems” (November 2020); nitrogen reduction as defined by NSF/ANSI 245-2020, “Wastewater Treatment Systems – Nitrogen Reduction” (November 2020); or onsite residential and commercial water reuse treatment systems as defined by NSF/ANSI 350-2020, “Onsite Residential and Commercial Water Reuse Treatment Systems” (April 2020). These NSF/ANSI standards are hereby adopted and incorporated by reference, have been deemed copyright protected, and are available for inspection as provided in subsection (6) below. An approved third party certifying program must comply with the following provisions in order for units which it has certified to be approved for use in Florida:

(a) Be accredited by the American National Standards Institute.

(b) Have established procedures which send representatives to distributors in Florida on a recurring basis to conduct evaluations to assure that distributors of certified aerobic units are providing proper maintenance, have sufficient replacement parts available, and are maintaining service records.

(c) Notify the Department of the results of monitoring visits to manufacturers and distributors annually, within 60 days of the conclusion of the calendar year. Approved distributors must be reported by the manufacturer to the certifying agency.

(d) Submit completion reports on testing for review by the Department.

(e) Provide a registered certification mark or seal which must be affixed in a conspicuous location on the units it has certified. This mark or seal will alert persons evaluating or maintaining the unit that the unit is in compliance with the NSF/ANSI standard appropriate for the application.

(2) The following additional requirements must also apply to the construction, design, and operation of aerobic treatment units treating up to 1,500 gallons per day:

(a) An appropriate mechanism must be provided to make access ports vandal, tamper, and child resistant as specified by the manufacturer and accepted by the certifying program.

(b) A minimum of a 4-inch diameter sampling access port located between the treatment unit outlet and the drainfield.

(c) A visual and audio warning device must be installed in a conspicuous location so that activation of such warning device will alert property occupants of aerobic unit malfunction or failure. The visual and auditory signals must continue to be functional in the event of an electrical, mechanical, or hydraulic malfunction of the system provided power is available to the system and must resume once power is restarted following the power outage. This does not mandate a battery back-up for the alarm system. If installed outside, the alarm must be waterproof.

(d) Each unit must be designed or equipped so that regardless of unusual patterns or frequencies of sewage flow into the system effluent discharged to the drainfield will be in compliance with the applicable standards of subsection (1), above.

(e) Minimum required treatment capacities for systems serving any structure, building or group of buildings must be based on estimated daily sewage flows as determined from Table IV.

TABLE IV

AEROBIC SYSTEMS

PLANT SIZING

RESIDENTIAL:

Number of Bedrooms

Building Area in square feet

Minimum Required Treatment Capacity Gallons Per Day

1 or 2

Up to 1200

400

3

1201-2250

400

4

2251-3300

500

NON-RESIDENTIAL:

Estimated Sewage Flow in Gallons Per Day

Minimum Required Treatment Capacity in Gallons Per Day

0-400

400

401-500

500

501-600

600

601-700

700

701-750

750

751-800

800

801-1,000

1,000

1,001-1,200

1,200

1,201-1,500

1,500

Footnotes to Table IV

1. Where the number of bedrooms and the corresponding building area in Table IV do not coincide, the criteria which results in the greatest required treatment capacity must apply. For each additional bedroom or each additional 750ꞌ square feet of building area, or fraction thereof in a dwelling unit, treatment capacity must be increased by 60 gallons. For aerobic treatment units treating sewage from more than one dwelling unit or from residential establishments sized as other per occupant or those exceeding 2 occupants per bedroom, the minimum required treatment capacity must be 100 gallons greater than the combined estimated sewage flow from Table I.

2. These figures assume that the aerobic system will be treating domestic strength sewage with CBOD5 and suspended solids values typically not exceeding 300 and 200 milligrams per liter, respectively. For wastewaters with higher CBOD5, higher suspended solids values, or for facilities that exhibit short-term hydraulic surge conditions, additional treatment or pre-treatment facilities are required when specified by design engineers, plant manufacturers, or by the Department.

(f) There must be no bypass capability designed into the system which will allow waste to be discharged to the drainfield without undergoing all the treatment processes necessary to achieve the desired effluent quality. Bypassing, removing, or excluding any component or components of a system after the system has received final installation approval is prohibited.

(g) Effluent from an aerobic treatment unit must be disposed of on the owner’s property in conformance with other requirements of this chapter.

(h) Where slightly limited soil textures exist on a site, the required drainfield size may be reduced by 25 percent from the requirements in subsection 62-6.008(5), or paragraph 62-6.009(3)(d), F.A.C. This must apply to all aerobic treatment units permitted under Rule 62-6.012, F.A.C.

(i) To apply for approval of aerobic treatment unit models, a manufacturer, distributor or seller of aerobic treatment units must furnish, to the Department a written request for approval, a copy of the completion reports, owner manual, part list, and engineering drawings showing the design and construction details of all models of approved aerobic treatment units to be constructed or installed under the provisions of this rule in Portable Document Format (PDF) or other electronic format accepted by the Department. The documentation submitted must demonstrate for each unit model, the treatment unit tank in which it will be installed, and its installation and operation, complies with all provisions of this chapter. The applicant must respond to requests for additional information about their application for aerobic treatment unit approval from the Onsite Sewage Program within 60 calendar days after receipt of a request for additional information. The Department will forward these reports and drawings to Division and District offices. No aerobic unit will receive final installation approval until the unit is found to be in compliance with all provisions of this rule, including compliance with design and construction details shown on the engineering plans filed with the Department.

(j) Manufacturers must provide to the Onsite Sewage Program a listing of approved maintenance entities they have authorized to provide service in the state and must demonstrate that the entire state is covered by at least one maintenance entity. A system using a manufacturer’s unit must not be approved in the state if the manufacturer cannot demonstrate that there are maintenance entities to service it.

(k) A manufacturer of a specific brand or model of an approved aerobic treatment unit must provide to the Department written assurance that spare mechanical and structural parts, as well as the mechanisms used to make the access ports vandal, tamper, and child resistant, are available, upon request, for purchase, to all approved maintenance entities.

(l) Where an aerobic treatment unit is used, a current, unexpired aerobic treatment unit maintenance contract between the property owner or lessee and an approved maintenance entity must be one of the required conditions of system approval.

(m) A copy of the signed maintenance agreement between the property owner or property lessee and an approved maintenance entity must be provided to the Department by the maintenance entity. The maintenance agreement must:

1. Initially be for a period of at least 2 years and subsequent maintenance agreement renewals must be for at least 1 year periods for the life of the system.

2. Provide that a maintenance entity which desires to discontinue the provision of maintenance services, notify in writing, the property owners and lessees and the Department at least 30 days prior to discontinuance of service.

3. Provide that, if a private maintenance entity discontinues business, property owners who have previously contracted with the discontinued maintenance service must, within 30 days of the service termination date, contract with an approved maintenance service and provide the Department a copy of the newly signed maintenance agreement.

4. Provide that each aerobic unit is inspected by an approved maintenance entity at least two times each year. Aerobic treatment units serving commercial establishments must be inspected four times per year. The maintenance entity must furnish to the Department a listing of all aerobic units inspected or serviced during the respective reporting period. As a minimum, reports must indicate the system owner or building lessee, the street address of the system, the date of system inspection or service and a statement as to the maintenance or service performed. The maintenance entity must also include a list of the owners who have refused to renew their maintenance agreement.

(n) The maintenance entity must furnish to the Department of Health, county health department a report of all aerobic treatment units inspected or serviced during the respective reporting period. As a minimum, reports must indicate the operating permit, system owner or building lessee, the street address of the system, the date of system inspection or service and a statement as to the maintenance or service performed. The maintenance entity must also include a list of the owners who have refused to renew their maintenance agreement.

(o) The Department must, at least annually, inspect the maintenance and performance of aerobic treatment units. The Department must also inspect each authorized maintenance entity, including review of their service records and maintenance agreements.

(3) An aerobic treatment unit used for treating domestic or commercial sewage flows in excess of 1,500 gallons per day, or a combination of aerobic treatment units treating flows according to paragraph 62-6.004(4)(a) or (b), F.A.C., must be designed and certified by an engineer licensed in the State of Florida. The design must include an assessment of wastewater strength. The certification must state that the unit is capable of consistently meeting, at minimum, secondary treatment standards for CBOD5 and TSS established in paragraph 62-6.025(11)(d), F.A.C., Table IXb. In addition, the following requirements must also be met:

(a) The owner or lessee of a system must comply with the applicable safety, maintenance and operational requirements of subsection (2), above. Unless the system owner or lessee is a state licensed wastewater treatment plant operator, the owner or lessee is required to have a system maintenance agreement with a permitted aerobic unit maintenance entity which has at least a Class D state certified operator who has been certified under the provisions of Chapter 62-602, F.A.C.

(b) A permitted aerobic unit maintenance entity must collect effluent quality samples and submit the sample analysis reports to the Department. Effluent quality samples for CBOD5 and suspended solids must be collected at least semi-annually and such samples must be analyzed by a Department-approved laboratory.

(c) Written sample analysis reports must be submitted to the Department by no later than the 15th of the next month following the semi-annual sampling period. However, if the sample analysis for CBOD5 or suspended solids exceeds secondary treatment standards by more than 100 percent, the maintenance entity or certified operator must notify the Department by telephone or in person within 24 hours after receipt of sample analysis results.

(d) The Department must monitor the maintenance and performance of aerobic treatments units as required by paragraph (m), above.

(4) No aerobic treatment unit must be serviced or repaired by a person or entity engaged in an aerobic treatment unit maintenance service until the service entity has obtained an annual written permit issued on Form DEP 4013 effective 06-21-2022, Operating Permit, adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-14365, from the Department in the county where the service company is located. Each service entity must employ at least one plumbing contractor licensed under Section 489.105(3)(m), F.S., septic tank contractor registered under Part III of Chapter 489, F.S., or a state-licensed wastewater treatment plant operator, who is responsible for maintenance and repair of all systems under contract. Application for a Maintenance Service Permit, Form DEP 4066, effective 06-21-2022, herein adopted and incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-14366, must be made to the Department. Copies of these documents are available as provided in subsection (6), below. The application must contain the following information:

(a) Evidence that the maintenance entity possesses a manufacturer’s maintenance and operations manual and has received training from the manufacturer in proper installation and service of the unit and has received written approval from the manufacturer to perform service on their units. The manual must contain detailed instructions on proper operation and maintenance procedures, a replacement parts list for all models being installed and maintained, a statement giving the capabilities of each unit, instructions on how to detect a malfunctioning unit and what to expect from a properly functioning unit.

(b) A signed statement from the applicant attesting that the applicant has adequate staff, possesses proper equipment and has sufficient spare structural and mechanical parts and components to perform routine system monitoring and servicing and is able to make a service response within 36 hours after notification of the need for emergency repairs.

(c) Payment of $25.00 to the Department per annum for the aerobic treatment unit maintenance service permit.

(5) Emergency service necessary to prevent or eliminate an imminent sanitary nuisance condition caused by failure of a mechanical component of any aerobic treatment unit must be reported by the approved aerobic unit maintenance entity, in writing, to the Department no later than 5 working days after the date of the emergency service.

(6) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400 or Florida Department of State, Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. Reference materials deemed copyright protected are available for inspection at the same address.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(4)(e), 489.553(3) FS. Law Implemented 381.0065, Part I 386 FS. History–New 3-17-92, Amended 1-3-95, Formerly 10D-6.0541, Amended 11-19-97, 4-21-02, 6-18-03, 5-24-04, 11-26-06, 6-25-09, 4-28-10, 7-31-18, Formerly 64E-6.012, Amended 6-21-22.

Fla. Admin. Code R. 62-6.013 Construction Materials and Standards for Tanks

(1) Onsite sewage tank design. The following requirements must apply to all onsite sewage tanks manufactured for use in Florida unless specifically exempted by other provisions of these rules:

(a) Onsite sewage tanks include: septic tanks, graywater tanks, laundry tanks, grease interceptors, pump tanks, aerobic treatment unit tanks, tanks containing treatment media and stationary holding tanks not described in paragraph 62-6.0101(7)(p), F.A.C. Tanks must be constructed of concrete, fiberglass or polyethylene.

(b) Design and testing of concrete treatment tanks:

1. Structural design of tanks must be by calculation or by performance.

2. Structural design must be verified by actual vacuum load or hydrostatic test in accordance with the Department’s policy for Test Requirements for Structural Proofing, February 28, 2022, herein adopted and incorporated by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-14367. Copies of this policy are available as provided in subsection (14) below. The vacuum test must be followed by a flow and water tightness test.

3. Tanks must be watertight as defined in ASTM C1227-20, Standard Specification for Precast Concrete Septic Tanks, paragraph 9.2., (2020) herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700 West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and is available for inspection as provided in subsection (14) below. ASTM C1227-20, paragraph 9.2.2, must be modified to read as follows: Water tightness testing – Fill the tank with water to the invert of the outlet and let stand for 24 hours. Refill the tank. The tank is approved as water tight if the water level is held for one hour.

4. Manufacturers may use calculations provided by the design engineer in lieu of proof testing for tanks using reinforcement bars for structural strength and having a wall thickness of 5 inches or greater. Design by calculation must be completed using the Strength Design Method outlined in Chapters 4, 5 and 6 of the American Concrete Institute (ACI) publication ACI 318-19, Building Code Requirements for Structural Concrete and Commentary (2019), herein adopted and incorporated by reference. This document has been deemed copyright protected and is available from the publisher at American Concrete Institute, 38800 Country Club Drive, Farmington Hills, MI 48331-3439, or at publisher’s website at www.concrete.org/, and is available for inspection as provided in subsection (14) below. For the design strength a strength reduction factor will be applied per ACI 318-19 Chapter 21.

(c) Design and testing of fiberglass and polyethylene tanks:

1. Vacuum testing must be conducted in accordance with the Department’s policy for Test Requirements for Structural Proofing, February 28, 2022, herein adopted and incorporated by reference in subparagraph 62-6.013(1)(b)2., F.A.C. Copies of this policy are available as provided in subsection (14), below and at http://www.flrules.org/Gateway/reference.asp?No=Ref-14367. The vacuum test will be followed by a water-tightness test.

2. Vacuum testing must demonstrate a distortion of volume of no more than 1% at a safety factor of 1.0 and 2% at a safety value of 1.4 followed by passing a water-tightness test to be considered satisfactory. To determine the vacuum at a 1.0 safety factor, divide the required total vacuum values by 1.4. There must be no distortion of the access hatch perimeters at the full vacuum load and the access hatch must be able to be removed and reinstalled at the conclusion of the test.

3. Flow and water-tightness testing must be performed as follows: Fill the tank with water to the invert of the outlet. The tank is approved as water tight if the water level is held for one hour.

(d) Testing must be performed by or witnessed by an engineer licensed in the state of Florida, or by an employee of the Department that has been authorized to perform or witness tank testing. Test results must be certified by the witnessing engineer or Department employee.

(e) Tank lids for non-traffic residential installations must be designed for a dead load of 12 inch earth cover with a dry soil density of 100 pounds per cubic foot or a live load of two concentrated loads of 1,750 pounds at a 60 inch spacing or a concentrated load of 1,750 pounds located at the center of the lid, whichever provides the greater shear and moment stresses to the lid. The required strength must be per ACI 318-19, Chapter 5, incorporated by reference in subparagraph 62-6.013(1)(b)4., F.A.C., effective 06-21-2022. Structural integrity proof test or calculations for the 12 inch overburden earth load and the 1,750 pound concentrated loading must be provided. Designs sealed by an engineer licensed in the state of Florida will be acceptable for design proof of tank lid designs.

(f) Tanks and tank lids for traffic installations must be designed, signed and sealed by an engineer licensed in the state of Florida. Whenever vehicular traffic is anticipated to cross over the tank, traffic lids must be installed with manhole covers to finished grade. Traffic tanks and lids must be designed in accordance with ASTM C 890-21, Standard Practice for Minimum Structural Design Loading for Monolithic or Sectional Precast Concrete Water and Wastewater Structures (2021), herein adopted and incorporated by reference, for the appropriate loading. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700 West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org, and is available for inspection as provided in subsection (14) below. Application of paragraph 5.2.4 of ASTM C 890-21, will be at the discretion of the design engineer.

(2) Onsite sewage tank design requirements.

(a) Septic tanks and graywater tanks must have multiple compartments, or single compartment tanks must be placed in series to achieve the required effective capacity. Grease interceptors, laundry tanks, pump tanks and aerobic treatment unit tanks must be either multi-compartment or single compartment tanks. All tank stiffening members such as ribs must be a homogeneous integral part of the structure. When slide-in type compartment walls are proposed, the structural testing for such tanks must be conducted without the slide-in wall in place. There must be a maximum of two horizontal seams between the topside of the bottom of the tank and the underside of the lid. There must be no vertical seams. Except as noted in this paragraph, the first chamber of a dual compartment septic or graywater tank or the first tank of single compartment tanks in series must have a minimum effective capacity of at least 2/3 of the total required effective capacity. The second single compartment tank or chamber of a multi-compartment tank must have a minimum effective capacity of at least 1/5 of the total required effective capacity. The combined effective capacities of the first and second chambers or the first and second single-compartment tanks must equal or exceed the total required effective capacity. Systems with daily flows in excess of 3,500 gallons per day may utilize two tanks to achieve the total required effective capacity, provided that the first tank provides no less than 1/2 of the total required effective capacity. The second tank must provide no less than 1/5 of the total required effective capacity and the total effective capacities of the two tanks combined must be no less than the total required effective capacity.

(b) The liquid depth of compartments for septic tanks and grease interceptors must be at least 40 inches. The liquid depth of compartments for graywater tanks, laundry tanks and pump tanks must be at least 30 inches. Liquid depths greater than 84 inches must not be considered in determining the effective capacity.

(c) A minimum free board or airspace of 15 percent by volume of the effective capacity of all blackwater, graywater and laundry tanks must be provided. The volume of risers above the liquid level line cast as an integral part of the tank may be included as free board or airspace.

(d) The inlet invert of septic tanks, graywater tanks and laundry tanks must enter the tank 1 to 3 inches above the liquid level of the tank. A vented inlet tee, vented sweep or a baffle may be provided at the discretion of the manufacturer to divert the incoming sewage. The inlet device, if utilized, must have a minimum diameter of 4 inches and must not extend below the liquid surface more than 33 percent of the liquid depth.

(e) In septic tanks, graywater tanks and laundry tanks, a minimum 4 inch diameter vented outlet tee, sweep or baffle must extend below the liquid level of the tank so that the invert level of the outlet device is a distance not less than 30 percent nor greater than 40 percent of the liquid depth. The outlet device must extend at least 4 inches above the liquid level. The submerged intake orifice of any outlet fixture not incorporating an approved outlet filter device must be provided with an approved solids deflection device to reduce, by a minimum of 90 percent, the intake area of the outlet fixture exposed to the vertical rise and fall of solid particles within the tank. Turning the intake orifice of an outlet tee or sweep 90 degrees from the vertical will satisfy the solids deflection device requirement.

(f) The inlet and outlet devices must be located at opposite ends of the tank so as to be separated by the maximum distance practical and must be in accordance with ASTM C-923/C-923M-20, Standard Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Laterals (2020), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700 West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and is available for inspection as provided in subsection (14) below. Inlets and outlets on the sides of any tank must be located no more than 12 inches from the end of the tank.

(g) Compartment walls must be designed to withstand the stresses induced by pumping out either of the compartments. There must be no relief holes. However, the compartment walls may be inserted in grooves without grouting, fiberglassing or otherwise permanently attaching in place, unless such attachment is required for proving structural integrity of either the tank or compartment wall.

(h) Sewage flow between the first and second chamber of a multi-chamber tank must interconnect utilizing either a minimum 4 inch diameter hole or equivalent size slot in the wall or with a minimum 4 inch diameter vented and inverted U-fitting or a tee. Receptacles in series must interconnect utilizing a minimum 4 inch diameter vented, inverted U-fitting or a tee. For septic, graywater and laundry tanks, the outlet device or slot must extend below the liquid level of the tank so that the invert level is located not less than 30 percent nor greater than 40 percent of the liquid depth.

(i) Joints of tanks, including mid-seams, risers, and lids must be sealed using a bonding compound that meets ASTM C-990-09R19, Standard Specification for Joints for Concrete Pipe, Manholes, and Precast Box Sections using Preformed Flexible Joint Sealants (2019), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700 West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and is available for inspection as provided in subsection (14) below.

(j) The tank legend is the Department’s designated approval number for the tank, and the effective capacity of the tank in gallons. The tank legend must be cast or stamped into the wall or permanently stenciled or decaled onto the wall at the inlet end, to begin within 6 inches of the top of the wall. Tank legend lettering must be a minimum of two inches high.

1. Revisions. All tank legends must be inscribed or affixed at the place of manufacture and can only be revised outside the place of manufacture prior to construction approval by a manufacturer-authorized representative when one or more of the following conditions occur:

a. The legend on the tank does not match the tank that it is affixed to, and the tank is manufactured according to specifications approved under an alternate legend;

b. The legend is illegible, damaged or otherwise compromised; or

c. The legend is improperly positioned on the tank.

2. Manufacturers must inform the Department in writing that they allow tank legend revisions outside the place of manufacture prior to tank legend revisions taking place. The Department will maintain a list of the manufacturer’s pre-approval(s) on the Department’s website.

3. The revised tank legend must be clearly marked and must be permanently affixed onto the tank wall in compliance with paragraph 62-6.013(2)(j), F.A.C. The legend or the portion of the legend that needs to be revised must be covered.

4. When a tank legend is revised, the Department holds the manufacturer responsible for training, authorizing and ensuring that their authorized representatives comply with tank legend revision requirements in this rule. Upon request from the Department, the manufacturer must provide a list of trained representatives who are authorized to revise tank legends.

5. For each tank legend revision, the manufacturer or the manufacturer’s representative must submit to the Department the following information within seven calendar days of the revision:

a. Tank manufacturer name;

b. Construction permit number;

c. Installation site address;

d. Name of authorized representative who revised the legend;

e. Date of revision;

f. Reason for revision per subparagraph 62-6.013(2)(j)1., F.A.C.;

g. Verification the tank was not modified, and that the tank legend as revised is correct;

h. Photograph of the tank legend before and after the revision which identifies information regarding the time and location of the photograph through electronic metadata or included in the notes of the report;

i. The original tank legend and the revised tank legend;

j. A signed and dated statement by the manufacturer or the manufacturer’s representative that states: “I verify that the condition requiring a tank revision outside the place of manufacture complies with subparagraph 62-6.013(2)(j)1., F.A.C., and that the documents and all attachments, to the best of my knowledge and belief, are true, accurate and complete.”

6. The Department will request from the manufacturer or the manufacturer’s representative any additional information needed to confirm compliance with statutory and rule requirements regarding standards for tanks and the tank legend.

7. A summary report of the manufacturer’s tank legend revisions under this subsection must be submitted from the manufacturer to the Department annually by December 31st of each year. The Department will review the summary report to confirm compliance with the standards for tanks and the tank legend. The summary report must include the following:

a. A list of all authorized representatives who revised the Department’s designated approval number for the tank legend;

b. The total number of tank legend revisions performed during the annual cycle;

c. For each tank legend revision, indicate in what county the tank legend revision occurred and the date it occurred.

(k) Each compartment must have access using manholes, with each manhole having a minimum area of 225 square inches. Manholes must be located so as to allow access to the inlet and outlet devices. A minimum 6-inch diameter opening must be placed at the inlet and outlet ends of the lid if a minimum 225 square inch access port is placed in the middle of the lid. A riser is a pipe or conduit surrounding an access manhole and facilitating access to the inside of an onsite sewage tank. Access manhole and riser must be closed by a riser access lid or manhole cover. Risers must be watertight. The access manhole over the inlet and outlet must extend to within 8 inches of finished grade. If a riser is used, and if the riser access lid opens directly to the tank interior, joints around the riser and tank must be sealed and made watertight as specified in paragraph 62-6.013(2)(i), F.A.C., to prohibit intrusion of ground water into the tank. For multi-compartment tanks or tanks in series, manholes must extend to within 8 inches of finished grade over the first compartment inlet and the last compartment outlet. An appropriate mechanism must be provided to make access manholes vandal, tamper, and child resistant. Acceptable protection of openings must consist of one or more of the following methods as specified by the manufacturer:

1. A padlock.

2. A twist lock cover requiring special tools for removal.

3. Covers weighing 58 pounds or more, net weight.

4. A hinge and hasp mechanism which uses stainless steel or other corrosion resistant fasteners to fasten the hinge and hasp to the lid and tank for fiberglass, metal or plastic lids.

(l) Tank designs that specify a monolithic compartment wall from the bottom of the tank up to the invert of the pass-through orifice and a drop-in section for the upper portion of the wall must be approved for both single and multi-compartment use.

(m) Tanks must have a one-piece lid or a lid with a maximum of three sections. All lids must be designed by Licensed Engineers in accordance with paragraphs 62-6.013(1)(e) and (f), F.A.C., and approved by the Department.

(3) Onsite sewage tank design approval. All onsite sewage tanks distributed in the state must be approved for use by the Department prior to being offered for sale or installed. Such approval must not be obtained until the manufacturer of a specific tank model has submitted the following:

(a) Detailed design drawings of the tank and lid showing:

1. Design calculations or proof testing results in accordance with subsection 62-6.013(1), F.A.C.

2. Dimensions, including location and size of all inlets, outlets, access hatches, manholes and pass through orifices.

3. Effective capacity in gallons.

4. Freeboard or air space in gallons.

5. Production materials. For concrete tanks include 28 day compressive strength, in pounds per square inch (psi).

6. Reinforcing materials. For concrete tanks, include size and location of all rebar, if any; and fiber reinforcing material size and quantity (in pounds) per cubic yard, if any.

(b) For concrete tanks – see subsection 62-6.013(5), F.A.C.

(c) For fiberglass and polyethylene tanks – see subsection 62-6.013(6), F.A.C.

(d) Certification that the tank has undergone flow testing to confirm the effective capacity, airspace, and water tightness. Flow testing must be conducted by an engineer licensed in the state of Florida or a Department employee. Test results must be certified by the engineer or Department employee.

(e) Designs must be submitted to the Department, Onsite Sewage Program.

(f) There must be two tank design classifications. The following criteria must be used for each category:

1. Category 3 tanks must be designed for saturated soil with the saturation at finished grade. The design must provide for a maximum of 18 inches of saturated soil cover over the top of the tank. Soil density must be 100 pounds per cubic foot. The lateral earth pressure coefficient (K) must be no less than 0.33.

2. Category 4 tanks must be designed for saturated soil with the saturation at finished grade. The design must provide for a maximum of 48 inches of saturated soil cover over the top of the tank. Soil density must be 100 pounds per cubic foot. The lateral earth pressure coefficient (K) must be no less than 0.33. Where a tank will be placed with greater than 48 inches of soil over the top of the tank, an engineer licensed in the state of Florida must design the tank for the specific conditions anticipated at the site.

(g) A series of tanks may be approved by successful demonstration of the largest in a series of tanks. Approval for inclusion of the tanks to be considered in a series must be obtained from the Department prior to testing the tanks. A series is either where only one dimension, this being height, length, or width, is changed or where two dimensions change in the same proportion to offer a different capacity of tank.

(h) The manufacturer must notify the Department in writing, stipulating the date, time and location of the test, no less than ten working days prior to the tank proof testing. The notice must include the tanks to be tested. Approval must not be granted until after successfully passing the required tests, and submitting the testing results.

(i) The Department will issue an approval number to the manufacturer. Form DEP 4012, “Application for Septage Disposal Service Permit, Temporary System Service Permit, Septic Tank Manufacturing Approval,” adopted and incorporated by reference in subsection 62-6.010(2), F.A.C., and available as provided in subsection (14) below, must be used to apply for manufacturing approval. The form can be obtained from the Department.

(4) Onsite sewage tank manufacturer’s yearly inspection – Yearly inspection of the manufacturer’s facility must consist of the following:

(a) Verify that the manufacturer has the design mix recorded and in a readily accessible location for the plant operators.

(b) Verify that the production process is recorded and that the operators are following the process.

(c) Verify that the necessary tests are being conducted by a certified testing lab or by a technician certified by the ACI. The preparation of the test specimens must be performed by certified third party testing laboratory personnel; or manufacturers, or their employees, that have successfully passed the ACI certification program. Each manufacturer must submit a minimum of three cylinders per year. The specimens must be taken from a production mix.

(d) Verify that the manufacturer has the proper number of tests for the year and that the results are recorded. Review the results for compliance with the design.

(e) Examine the material stockpiles to ensure that the materials are free from deleterious materials.

(f) Examine the measuring equipment to ensure that the equipment has been calibrated within the last year.

(g) Examine conveyors to insure that material is transported as measured.

(h) Inspect a minimum of five tanks in the manufacturers’ inventory. For different series, a minimum of one tank must be inspected from each series. Report the following unacceptable defects:

1. Cracks in all interior and exterior surfaces of the tanks.

2. Cold joint lines. This is an indication of non-monolithic pours. Examine both the interior and exterior of the tank for confirmation of a cold joint that extends across the thickness of the wall.

3. Evidence of improper steel cover. Rebar and wire mesh must not be exposed.

4. Watertight inlets and outlets must be provided per rule.

(i) Where cold-joint lines that appear to extend through the wall, or cracks in any surface of the tank exist, conduct a watertightness test on a maximum of two tanks as follows: Fill the tank with water to the invert of the outlet. The tank is approved as watertight if the water level is held for one hour. For concrete tanks, if the test fails within the first 24 hours after filling, it may be repeated after 24 hours. The tanks must not be tested until they have cured for 28 days. If there are no indications of cold-joint lines that appear to extend through the wall, or cracking of tank surfaces, two tanks must be tested at random. Record all data and submit results to the Department.

(j) Verify that the manufacturer is not relocating the tanks prior to the tank achieving 75% of the design compressive strength. Record how this is accomplished.

(k) Conduct impact hammer tests-record data.

(l) Examination of the manufacturer’s receipts for material used during the previous year. Tank manufacturers must retain all receipts from the previous year for material used in the manufacture of tanks and make them available for inspection.

(5) Concrete tanks must be built of precast or poured in place concrete in accordance with ACI 318-19, Building Code Requirements for Structural Concrete and Commentary incorporated by reference in subparagraph 62-6.013(1)(b)4., F.A.C., effective 06-21-2022, or ASTM C-1227-20, Standard Specification for Precast Concrete Septic Tanks, incorporated by reference in subparagraph 62-6.013(1)(b)3., F.A.C., effective 06-21-2022, except as revised herein.

(a) For design and analysis of concrete septic tanks, the publication “Rectangular Concrete Tanks” revised 5th edition (1998), as published by the Portland Cement Association may be used at the designer’s discretion, herein incorporated by reference. When computing length to height and width to height ratios the designer may interpolate between tables for intermediate ratios and values or may use the table and values for the higher ratios.

(b) Temperature and shrinkage crack control in concrete tanks must be accomplished by use of steel reinforcing in accordance with ACI 318-19 Chapter 11, incorporated by reference in subparagraph 62-6.013(1)(b)4., F.A.C., effective 06-21-2022 or by use of fiber reinforcement. Minimum ratio of vertical and horizontal reinforcement area to gross concrete area must be 0.0010 for deformed bars or welded wire fabric. Fiber reinforcing materials may be used by the manufacturer to achieve crack control equivalent to the use of deformed bars or welded wire fabric. To be considered equivalent, acceptable fibers must at least meet or exceed ACI recommendations regarding materials, fiber sizing, and required fiber quantities. Any current or future revisions to the ACI recommendations may be used by the manufacturer, at their option. Materials other than materials recognized by ACI for crack control use will not be acceptable. Minimum reinforcement must be as outlined in the document entitled Reinforcement Required to Meet paragraph 62-6.013(5)(b), F.A.C., dated February 28, 2022, herein adopted and incorporated by reference. Copies of this document are available as provided in subsection (14), below and at http://www.flrules.org/Gateway/reference.asp?No=Ref-14805.

(c) Concrete mixes must be in accordance with the Portland Cement Association (PCA) publication entitled PCA Design and Control of Concrete Mixtures, Seventeenth Edition (2021), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at the Portland Concrete Association, 5420 Old Orchard Road, Skokie Illinois 60077-1083 or at the publisher’s website at www.concrete.org/, and is available for inspection as provided in subsection (14) below.

(d) Terminology relating to concrete and concrete aggregates must be in accordance with ASTM C-125-21a, Standard Terminology Relating to Concrete and Concrete Aggregates (2021), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and is available for inspection as provided in subsection (14) below.

(e) Concrete aggregates used in the manufacturing of all precast or poured-in-place concrete tanks for use in onsite sewage treatment and disposal systems must conform to ASTM C 33-/33M-18, Standard Specification for Concrete Aggregates (2018), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and is available for inspection as provided in subsection (14) below.

(f) Minimum concrete cover over structural steel reinforcing must be 3/4 inches. The minimum bend radius for structural reinforcing must be three times the reinforcing bar diameter.

(g) Temperature and shrinkage crack control steel must not be exposed. Exposure of fiber reinforcing is acceptable.

(h) Minimum 28-day compressive strength must be 4000 psi.

(i) Three compressive test cylinders must be prepared, cured, and tested in accordance with ASTM C 31/C31M-21a, Standard Practice for Making and Curing Concrete Test Specimens in the Field (2021), herein adopted and incorporated by reference, and ASTM C-39/C-39M-21, Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens (2021), herein adopted and incorporated by reference, at least one time every year, or whenever the manufacturer changes the design mix or the manufacturing process. These standards have been deemed copyright protected and are available from the publisher at ASTM International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and are available for inspection as provided in subsection (14) below.

(j) The bottoms of concrete tanks must be monolithic and must either be an integral part of the walls or must be sealed to the walls using water-stops cast into the wall and bottom. Tank bottoms must not contain openings for any purpose, for example, to facilitate the removal of rainwater.

(k) Approval of new designs must not be granted until the following has been completed and submitted as part of the application:

1. Establish a design mix and production process. Record the aggregate material, size and gradation; type and strength of cement; cement to aggregate ratios; water to cement ratio; and any other pertinent design data. Record the production process, for example; measuring equipment, batch sizes, mixing sequence, transportation techniques from mixer to mold, pouring techniques with consolidation of concrete methods detailed.

2. Construct three tanks using the design mix.

3. Test two sets of cylinders from the design mix at 7 days and 28 days.

4. Structural proof test three tanks to the design strength in accordance with paragraph 62-6.013(1)(b), F.A.C., for tanks having an effective capacity of 1,350 gallons or less.

5. Structural proof test one tank to the design strength in accordance with paragraph 62-6.013(1)(b), F.A.C., for tanks having an effective capacity greater than 1,350 gallons but not more than 1,500 gallons.

6. Structural proof test one tank or provide tank strength calculations in accordance with paragraph 62-6.013(1)(b), F.A.C., for tanks having an effective capacity exceeding 1,500 gallons.

7. Verify that the manufacturer is not removing tanks from the producer’s facility prior to the tank achieving 75% of the design compressive strength. Record how this is accomplished.

(6) The following structural requirements are applicable to fiberglass and polyethylene tanks:

(a) Materials and sealants used in the tank manufacturing process must be capable of effectively resisting the corrosive influences of the liquid components of sewage, sewage gases and soil burial. Materials used must be formulated to withstand shock, vibration, normal household chemicals, deterioration from sunlight and other environmental factors.

(b) Fiberglass tanks must be constructed so that all parts of the tank meet the following mechanical requirements. A test report from an independent testing laboratory is required to substantiate that individual tank designs and material formulations meet these requirements.

1. Ultimate tensile strength – minimum 12,000 psi when tested in accordance with ASTM D-638-14, Standard Test Method for Tensile Properties of Plastics (2014), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and is available for inspection as provided in subsection (14) below.

2. Flexural strength – minimum 19,000 psi when tested in accordance with ASTM D-790-17, Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials (2017), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and is available for inspection as provided in subsection (14) below.

3. Flexural modulus of elasticity – minimum 800,000 psi when tested in accordance with ASTM D-790-17 Standard Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials, incorporated by reference in subparagraph 62-6.013(6)(b)2., F.A.C., effective 06-21-2022.

4. Not less than 30 percent of the total weight of the fiberglass tank must be fiberglass reinforcement.

5. Internal surfaces must be coated with an appropriate gel coating or resin to provide a smooth, pore-free, watertight surface.

(c) Polyethylene tanks must meet the requirements of International Association of Plumbing and Mechanical Officials (IAPMO)/American National Standards Institute (ANSI) Z1000-2019 Paragraph 7.1 “Blow Molded and Single-Layer Rotationally-Molded Polyethylene Septic Tanks” and 7.2 “Multi-Layer Rotationally-Molded Polyethylene Septic Tanks” (2019) herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at IAPMO, 4755 East Philadelphia Street, Ontario, California 91761, or at publisher’s website at www.iapmo.org/, and is available for inspection as provided in subsection (14) below. Where the requirements of IAPMO/American National Standards Institute (ANSI) Z1000-2019, Paragraphs 7.1 and 7.2 conflict with the standards in this section, the standards in this section must apply. A test report from an independent testing laboratory is required to substantiate that individual tank designs and material formulations meet these requirements.

(d) Approval of new designs must not be granted until the following has been completed and submitted as part of the application:

1. Establish a design mix and production process. Record the material specifications and other pertinent design data. Record the production process, for example; measuring equipment, batch sizes, mixing sequence, transportation techniques from mixer to mold, and spraying techniques.

2. Construct three tanks using the design mix.

3. Test two sets of test strips from the design mix.

4. Structural proof test three tanks to the design strength per paragraph 62-6.013(1)(c), F.A.C., for tanks having an effective capacity of 1,350 gallons or less.

5. Structural proof test one tank to the design strength in accordance with paragraph 62-6.013(1)(c), F.A.C., for tanks having an effective capacity greater than 1,350 gallons.

6. Verify that the manufacturer is not planning to relocate the tanks prior to the tanks achieving 75% of the design compressive strength. Record how this is accomplished.

(7) Grease interceptors are not required for a residence. However, one or more grease interceptors are required where grease waste is produced in quantities that could otherwise cause line stoppage or hinder sewage disposal. The design of grease interceptors must be based on standards found in paragraph (a) below. In addition, the following general requirements found in paragraphs (b), (c), and (d), apply when determining the proper use and installation of a grease interceptor used as a component of an onsite sewage treatment and disposal system.

(a) The inlet invert must discharge a minimum 2 1/2 inches above the liquid level line and the outlet pipe must have a tee with a minimum diameter of 4 inches that extends to within 8 inches of the bottom of the tank.

(b) Interceptors must be located so as to provide easy access for routine inspection, cleaning and maintenance. Manholes must be provided over the inlet and outlet of each interceptor and be brought to finished grade.

(c) Where a grease interceptor is required or used, only kitchen wastewater must first pass through the interceptor and then be discharged into the first compartment of a septic tank or other approved system.

(d) Sizing of grease interceptors must be based on the equations below. The minimum volume of any grease interceptor must be 750 gallons and the maximum volume of an individual single grease interceptor chamber must be 1,250 gallons. When the required effective capacity of the grease interceptor is greater than 1,250 gallons, installation of multi-chambered grease interceptors or grease interceptors in series is required.

1. Restaurants: (S) X (GS) X (HR/12) X (LF) = effective capacity of grease interceptor in gallons.

S = number of seats in the dining area.

GS = gallons of wastewater per seat; use 25 gallons for ordinary restaurant, use 10 gallons for single service article restaurants.

HR = number of hours establishment is open.

LF = loading factor: use 2.0 interstate highways, 1.5 other freeways, 1.25 recreational areas,

1.0 main highways, and 0.75 other roads.

2. Other type establishments with commercial kitchens: (M) X (GM) X (LF) = effective capacity of grease interceptor in gallons.

M = meals prepared per day.

GM = gallons of wastewater per meal: use 5 gallons.

LF = loading factor: use 1.00 with dishwashing and 0.75 without dishwashing.

(8) Laundry tank or laundry waste interceptor – when a separate system is installed to accept effluent from a single home washing machine only, the laundry tank or laundry waste interceptor for such system must meet the following minimum standards:

(a) The minimum effective capacity must be 225 gallons for establishments with an estimated sewage flow of up to 300 gallons per day and must be increased by 50 gallons for every 100 gallons of additional daily sewage flow.

(b) The laundry waste interceptor must be provided with a vented inlet tee, vented sweep, or a baffle.

(c) The laundry waste interceptor must not receive waste flow from kitchen fixtures or be used as a grease trap.

(9) Pump tanks and pumps – when used as part of an onsite sewage treatment and disposal system, the following requirements must apply to all pump tanks manufactured for use in Florida unless specifically exempted by other provisions of these rules:

(a) Pump tanks must have a minimum total capacity measured from the bottom of the tank to the top of the tank in accordance with Table II. At least 80% of the required total capacity must be contained below the invert of the inlet. Pump levels must be set as low as practical to preserve as much reserve capacity as possible in the event of pump failure.

(b) When the top of the pump tank is placed more than 8 inches below the finished grade, risers must be used to provide access within 8 inches of the finished grade. Where risers are used, risers must be attached to the tank in accordance with paragraph 62-6.013(2)(i), F.A.C. Any unused and open tank outlet must be sealed with a length of capped PVC pipe installed in accordance with paragraph 62-6.013(2)(f), F.A.C.

(c) When a pump is used as part of a system, the following conditions must apply.

1. Pumps used to distribute sewage effluent must be certified by the manufacturer to be suitable for such purpose or pumps must be designed in accordance with the Sump and Sewage Pump Manufacturers Association’s Recommended Standards for Sump, Effluent and Sewage Pumps (2019 Revision) for the purpose intended, herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at the Sump and Sewage Pump Manufacturers Association, P.O. Box 44071, Indianapolis, Indiana, 46244, or at publisher’s website at www.sspma.org/, and is available for inspection as provided in subsection (14) below. The use of a timer as part of any pump system is not allowed unless it is part of a design submitted by an engineer, or Master Septic Tank Contractor, and is approved by the Department.

2. An audio and visual high water alarm must be provided in a conspicuous location visible by system users to warn of pump failures. If the alarm is located outdoors, the alarm must be waterproof and specified by the manufacturer for outdoor use.

3. A pump must be placed in a separate compartment or tank, except when using a pump chamber insert. Except as noted below, any compartment or tank in which a pump is located must not be considered when determining total effective capacity of a septic tank.

4. A pump chamber insert may, at the applicant’s discretion, be used to house a pump inside a septic tank. If a pump chamber insert is used, it must be approved for use by the Department. Approval must be based on the ability of the pump chamber insert to effectively filter solids from the effluent prior to intake by the pump. The efficiency of solids removal by the pump chamber insert must be at least equal to a currently approved outlet filter device. Pump chamber inserts that do not meet these criteria must not be approved and must not be used. The filter device used as part of the pump chamber insert must be considered to meet the requirement of using an outlet filter device for purposes of subsection 62-6.008(2), F.A.C. The tank or compartment used to house the pump chamber insert must be included in calculating the minimum effective capacity of the tank, subject to the following conditions:

a. When placed in a compartmentalized tank or tanks in series, the pump chamber insert must be placed in the last chamber or tank. When placed in a single compartment tank, the pump chamber insert must be placed as close to the outlet side of the tank as possible. In no case must the insert be placed farther than 1/2 the distance to the inlet as measured from the outlet of the tank. The pump chamber insert and filter must be accessible for routine maintenance. The manufacturer must provide instructions on how to maintain the filter unit and the insert device.

b. Pump levels must be set so that the high water alarm is activated when the liquid level of the tank will exceed the height of the inlet invert of the tank. The pump-on switch must be set to maintain the greatest possible effective capacity of the tank, and in no case must it be set higher than 1 inch below the inlet invert. Floats used for operation of the pump must be allowed outside the pump chamber insert.

c. The intake openings of the pump chamber insert must not be located within 12 inches of the bottom of the tank, or within 12 inches of the liquid level line of the tank.

d. The volume discharged by the pump must not exceed 1/4 of the average daily sewage flow in any dose.

e. A pump chamber insert must not be used when the total absorption area for the system is greater than 1,000ꞌ square feet, or when automatic dosing is required.

f. For new system installations, in addition to the requirements above, the total septic tank capacity must include the required minimum septic tank effective capacity, which must be contained below the pump-off switch level, plus the pumping tank capacity per Table II, plus the required 15% airspace.

g. For repair installations, in addition to the requirements of subparagraphs a. through e. above, pump chamber inserts must not be used in an existing septic tank of less than 750 gallons effective capacity. In addition, the minimum tank liquid depth must be 36 inches below the pump-off switch level and the minimum effective capacity contained below the pump-off switch level must be within two tank sizes of that required in Rule 62-6.008, F.A.C., Table II. The total septic tank capacity must include the minimum effective capacity within two tank sizes of required tank size, plus dosing capacity, plus dosing reserve capacity equal to the dosing capacity, plus freeboard or air space capacity which is equal to 15% of the minimum effective capacity.

(10) Electrical conduit, effluent dosing pipe, aeration lines, and vent pipe requirements:

(a) Electrical conduit is rigid or flexible tubing used to enclose and protect electrical wiring. All electrical wiring exiting a tank or riser must be enclosed in conduit. Electrical conduit must be sealed on both sides to prevent venting of gases or transfer of water into the tank.

(b) Electrical conduit, effluent dosing pipe, aeration lines, and vent pipes must exit or enter the onsite sewage tank using one of the following methods:

1. Through a tank outlet using plumbing fittings and reducers to produce a watertight seal,

2. Through a hole drilled or cut through an attached riser or a notch cut into the bottom of the attached riser and above the top of the tank. All such penetrations must be sealed water-tight.

3. Through a maximum four-inch access port installed in the tank lid or top of the tank, or the wall of the tank above the liquid level by the manufacturer as approved by the Department. After installation the port must be sealed watertight with a bonding compound per paragraph 62-6.013(2)(i), F.A.C., or a seal meeting the requirements for outlet devices per paragraph 62-6.013(2)(f), F.A.C. Unused ports must be made watertight.

4. Through a 2 to 4 inch notch installed at the top of a tank immediately beneath the lid by the manufacturer as approved by the Department. After installation, the notch must be sealed watertight with a bonding compound per paragraph 62-6.013(2)(i), F.A.C.

(c) Vents must not allow water to enter the tank under normal operating conditions.

(11) Transportation and installation.

(a) Onsite sewage tanks must not be removed from the manufacturer’s facility until the compressive strength of the concrete has reached 75% of the design strength. Use of concrete industry published graphs or tables indicating compressive strength vs. concrete age for the design mix are satisfactory proof of strength.

(b) Tanks must be installed level from end to end and side to side. As used in this context, level includes a slope from the inlet end to the outlet end or from side to side of the tank not exceeding one-half inch over the entire length or width of the tank. The tank must not be approved with any pitch upward from the inlet end to the outlet end of the tank.

(c) If a pumping device has been placed in the building sewer, an inlet device must be used.

(d) Cast in place tanks or tanks manufactured with water stops below the invert of the outlet, and tanks with seams below the invert of the outlet must be watertightness tested in accordance with ASTM C-1227-20, Standard Specification for Precast Concrete Septic Tanks, paragraph 9.2.2, after installation in the field. This standard is incorporated by reference in subparagraph 62-6.013(1)(b)3., F.A.C., effective 06-21-2022.

(e) The excavation for the installation of a tank must be level and free of debris and rocks that could damage the tank or prevent proper leveling, backfilling or compaction. Backfill material must be free of rocks and debris. The installer must refer to the tank manufacturer’s installation instructions to prevent the tank from settling or floating or from being damaged or distorted.

(12) Repair of tanks – Repairs are allowed for tanks prior to shipment per ASTM, ACI, PCA standards and publications and National Precast Concrete Association (NPCA), Septic Tank Manufacturing Best Practices Manual (2010), herein adopted and incorporated by reference. This document has been deemed copyright protected and is available from the publisher at the National Precast Concrete Association, 1320 City Centre Drive, Suite 200, Carmel, Indiana 46032, or at publisher’s website at www.precast.org/, and is available for inspection as provided in subsection (14) below. Tanks damaged after they leave the manufacturer’s facility may be repaired for the following defects:

(a) Chips that do not penetrate more than 1/3 of the wall thickness and cracks that occur above the invert of the outlet. For fiberglass, polyethylene, or polypropylene tanks, holes above the invert of the outlet with a maximum dimension of up to one inch for fiberglass and half an inch for polyethylene or polypropylene, using procedures established by the manufacturer to restore watertightness by a person authorized by the manufacturer.

(b) Damaged or missing inlet and outlet seals may be replaced using the procedure of the document entitled “Repair of Tank Inlet and Outlet Seals”, effective 06-21-2022, herein adopted and incorporated by reference. Copies of this document are available as provided in subsection (14), below and at http://www.flrules.org/Gateway/reference.asp?No=Ref-14368.

(c) Chips that occur below the invert of the outlet, provided that such chips do not penetrate more than 1/3 of the wall or bottom thickness.

(13) Removal of removable compartment walls from installed tanks. Removal of an existing tank compartment wall is permissible if all of the following conditions are met:

(a) The existing multi-compartment tank is part of an onsite sewage treatment and disposal system that has received final installation approval;

(b) The removal is required to supplement the size of an existing tank in lieu of replacement requirements stated in subparagraph 62-6.001(4)(e)1. or paragraph 62-6.015(6)(f), F.A.C.;

(c) The compartment wall is a slide-in type compartment wall installed in grooves, not permanently attached to the tank using grouting, fiberglassing or other bonding material, and has not been used to proof the structural integrity of the tank;

(d) The configuration of the tank without the compartment wall is also an approved tank;

(e) Removal of the compartment wall is applied for as part of the system construction application;

(f) Removal does not affect the structural soundness nor functioning of the tank and installation;

(g) The compartment wall is properly removed and disposed of outside the tank;

(h) After removal of the compartment wall, a new tank certification is required. The procedure for tank certification is stated in paragraph 62-6.001(4)(b), F.A.C. Revision of the legend is not required.

(14) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400 or Florida Department of State, Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. Reference materials deemed copyright protected are available for inspection at the same address.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(4)(e) FS. Law Implemented 381.0065 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.55, Amended 3-17-92, 1-3-95, Formerly 10D-6.055, Amended 11-19-97, 2-3-98, 3-22-00, 4-21-02, 5-24-04, 11-26-06, 6-25-09, 4-28-10, Formerly 64E-6.013, Amended 6-21-22, 6-8-26.

Fla. Admin. Code R. 62-6.014 Construction Standards for Drainfield Systems

(1) Distribution box – where distribution boxes are used for distributing sewage from the septic tank or other onsite sewage tank to the drainfield lines, the following requirements must be adhered to:

(a) Distribution boxes must be watertight, constructed of durable materials, have adequate structural strength, and be of sufficient size to accommodate the required number of drainfield lines.

(b) Each drainfield line must be connected individually to the box.

(c) The invert of inlets to the box must be at least 1ꞌꞌ inch above the invert of the outlets. The invert of all outlets must be level with respect to each other.

(d) The distribution box must be built as a separate unit from the septic tank and must be set level on solid ground or in mineral aggregate.

(2) Header pipe – header pipe, when used, must be installed in compliance with the following requirements:

(a) Header pipe must meet one or more of the following requirements:

1. ASTM D-3034-21, Standard Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings (2021), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and is available for inspection as provided in subsection (6) below.

2. ASTM D-2729-21 Standard Specification for Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings (2021), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and is available for inspection as provided in subsection (6) below.

3. AASHTO M252-18 Standard Specification for Corrugated Polyethylene Drainage Pipe (2018), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at American Association of State Highway and Transportation Officials, 444 North Capitol Street N.W., Suite 249, Washington D.C. 20001, and is available for inspection as provided in subsection (6) below.

4. ASTM F-667/667M-16R21, Standard Specification for 3 through 24 in. Corrugated Polyethylene Pipe and Fittings (2021), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and is available for inspection as provided in subsection (6) below.

5. ASTM F-810-12R18, Standard Specification for Smoothwall Polyethylene (PE) Pipe for Use in Drainage and Waste Disposal Absorption Fields (2018), herein adopted and incorporated by reference. This standard has been deemed copyright protected and is available from the publisher at ASTM International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and is available for inspection as provided in subsection (6) below.

(b) Corrugated or smooth wall fittings (elbows, tees and crosses) shall be acceptable for gravity flow headers. Header pipe interior must be smooth. Header pipe must have a minimum inside diameter of 4ꞌꞌ inches for gravity flow applications. Header pipe must not be perforated.

(c) The header pipe must be laid level with direct, connections to each drainfield line and the septic tank outlet pipe. When installed in a drainfield which uses mineral aggregate, the header pipe must be encased in mineral aggregate, and must be included as part of the drainfield area. Gravity flow header pipes, when installed within the mineral aggregate drainfield, may be non-watertight but must be soil tight. Snap connections are acceptable. On non-mineral aggregate systems, header pipe must be supported by soil. All connections must be such that all joints or fittings are firmly connected to pipes. When a drainfield system is a pumped system, the header pipe and fittings must be smooth-walled and watertight. Where the header pipe is not within the absorption surface area it must not be included in drainfield size calculations, but must be considered part of the system. The header pipe must be designed to distribute effluent as equally as practical to each individual drain line and must be supported so that the header is laid level.

(d) Pipe which connects the septic tank outlet to the header pipe or a distribution box must comply with the strength and material standards for header pipe as specified in this subsection.

(3) Low-Pressure dosing – where the total required area of drainfield is greater than 1,000 square feet or where the applicant proposes to use low-pressure dosing, an automatic dosing device discharging into a low pressure distribution network consisting of 2ꞌꞌ inch or smaller diameter schedule 40 PVC or equal pipe with 1/2ꞌꞌ inch or smaller diameter drilled holes must be used. All piping must use solvent welded connections or equal throughout to prevent dislocation of connections under pressure. The network must be designed for equal distribution of effluent. For the purposes of this section, equal distribution means that the flow from the least effective hole in the network must deliver no less than 75% of the flow from the most effective hole. The selected pump capacity (as measured in Gallons Per Minute) versus total dynamic head must be indicated on a pump curve and must be shown by calculation to achieve an effluent velocity through the network of at least 2ꞌ ft. per second to the first exit hole on each lateral. Each line of the pressure network must individually connect to a pressure manifold and be sealed on their distal ends and must not be looped with other lines regardless of whether the drainfield is a bed or a trench or whether it is in a mound, filled subsurface installation. Plans and equipment specifications for low-pressure dosing systems must be approved by the Department prior to construction or installation.

(a) Where the total drainfield area is greater than 1,000ꞌ square feet but not more than 2,000ꞌ square feet, the applicant may, in lieu of low-pressure dosing, choose to split the drainfield into two drainfields, equal in size, each having no more than 1,000ꞌ square feet, with each drainfield being lift-dosed alternately.

(b) Dosing systems with 2,000ꞌ square feet of drainfield or less must consist of a pump tank that receives the flow from a septic tank or other onsite sewage tank. Two pumps must be required for commercial use where dosing is required due to drainfield size or where gravity flow into the drainfield is not possible, and estimated establishment sewage flows exceed 500 gallons per day. Where more than one pump is used, the pumps must dose alternately. Where dosing is required for a commercial system for flows of 500 gallons or less per day, only one pump is required if the drainfield does not exceed 2,000ꞌ square feet.

(c) Systems having more than 2,000ꞌ square feet of drainfield must have a minimum of two dosing pumps, with each pump serving a proportionate amount of the total required absorption area. The pumps must dose alternately.

(d) The volume dosed between the pump operating levels must be adequate to assure that the entire drain pipe network is filled at least four times each cycle.

(e) When a drainfield is installed in slightly limited soil, operating levels must be adjusted to dose the drainfield a maximum of six times in a 24 hour period. For moderately limited soils the drainfield must be dosed no more than four times in a 24 hour period. More frequent dosing may be allowed with systems designed by engineers licensed in the state of Florida.

(f) The distribution network for drainfields having an absorption area less than 1,500ꞌ square feet must be designed by a Florida licensed professional engineer or a master septic tank contractor. The network for drainfields having an absorption area of 1,500ꞌ square feet or larger must be designed by a Florida licensed professional engineer.

(g) Drip emitter systems must be designed in accordance with subsection 62-6.009(5), F.A.C.

(4) Lift dosing – Where a septic tank or sewage waste receptacle is placed too low to permit gravity flow into a properly designed, constructed and located drainfield, a pump tank with a pump or similar type device must be used to lift the effluent to a properly constructed header pipe or distribution box for effluent distribution by gravity to the drainfield. This provision must apply only to drainfields of 1,000 square feet or less of total absorption area. Tank size and pumps with effluent level controls and alarms must be set in accordance with the requirements set forth in subsection 62-6.013(9), F.A.C.

(5) Drain trenches and absorption beds – drain trenches and absorption beds are the standard subsurface drainfield systems used for disposing of effluent from septic tanks or other sewage tanks. When used, these systems must be constructed as specified below.

(a) When utilizing the standard drain trench method, the width of the trench at the bottom must not exceed 36ꞌꞌ inches. For trenches of 12ꞌꞌ inches or less, there must be a minimum separation distance of 12ꞌꞌ inches between the sidewalls of adjacent trenches; trenches greater than 12 inches require a minimum 24ꞌꞌ inch separation between the sidewalls of adjacent trenches.

(b) The trench method must be the preferred method. Absorption beds may be used in lieu of the standard drain trench method. An absorption bed consists of an area in which the entire earth content of the required absorption area is removed and replaced with aggregate and distribution pipe or other approved alternative drainfield components. The distance between the centers of distribution lines in standard beds must be a maximum of 36ꞌꞌ inches. The distance between the sidewall of the bed and the center of the outside drain line must be no more than 18 inches, but must not be less than six inches. Where header pipe is used in lieu of a distribution box, the header must extend to within 18 inches of the bed sidewalls. In no case must the bottom surface of an absorption bed exceed a total of 1,500ꞌ square feet. Where two or more beds are used to obtain the necessary absorption area, there must be a minimum 10 foot separation between the sidewalls of adjacent absorption beds. Absorption beds must be designed to achieve the maximum length to width ratio practical.

(c) When installing a drainfield system that uses mineral aggregate, all portions of the header pipe and perforated drain pipe must be installed in aggregate conforming to ASTM C33/C33M-18, Standard Specification for Concrete Aggregates (2018) or lightweight aggregate conforming to ASTM C330/C330M-17a Standard Specification for Lightweight Aggregates for Structural Concrete (2017), herein adopted and incorporated by reference. These standards have been deemed copyright protected and are available from the publisher at ASTM International, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at publisher’s website at www.astm.org/, and are available for inspection as provided in subsection (6) below.  Aggregate must meet State of Florida Department of Transportation (FDOT) specifications under Section 901, “Standard Specifications for Road and Bridge Construction, January 2019” herein adopted and incorporated by reference. Copies of this document are available as provided in subsection (6) below and at http://www.flrules.org/Gateway/reference.asp?No=Ref-14369. Aggregate must also meet the following gradation requirements.

Sieve size

2 IN.

1 1/2 IN.

1 IN.

3/4 IN.

1/2 IN.

3/8 IN.

No. 4

Percent passing

90-100

35-100

15-100

0-70

0-50

0-30

0-5

In addition, not more than 3.75% by weight of the aggregate material at the point of use must pass a #200 sieve.

1. Approved materials for drainfield mineral aggregate must be limestone, slag, quartz rock, granite, river gravel, recycled crushed concrete, lightweight aggregate and other equally durable materials.

2. The aggregate must be labeled as drainfield aggregate on the freight bill-of-lading. Effective March 1, 1995, a copy of the freight bill-of-lading must be part of the documentation of aggregate size and quality and records must be available for Department review for a period of two years from the date of purchase. This bill-of-lading must clearly certify that the material meets the requirements for drainfield use.

(d) Mineral aggregate material must have a total depth of at least 12ꞌꞌ inches extending throughout the width of the trench or absorption bed. The distribution pipe must have a minimum of six inches of aggregate under the pipe, but must not exceed 10ꞌꞌ inches under the pipe when the total depth of aggregate is 12ꞌꞌ inches.

(e) The drainfield in place must be protected from infiltration of earth backfill by a barrier of polyester bonded filament. The barrier must be placed on top of the drainfield only. For alternative drainfield systems any required earth backfill barrier must be as specified by the alternative system manufacturer, which must be approved by the Department at the time of the initial alternative drainfield approval.

(f) Providing the requirements of subsections 62-6.006(1), (2) and (6), F.A.C., are met, the maximum depth from the bottom of the drainfield to the finished ground surface must not exceed 30 inches after natural settling. The minimum earth cover over the top of the drainfield, distribution box or header pipe in standard subsurface drainfields must be 6 inches after natural settling.

(g) The inside diameter of the drain pipe used in drainfields must be determined based on the type and design of the proposed absorption system. However, for standard gravity aggregate drainfield systems, inside pipe diameter must not be less than 4 inches. Perforated pipe must have two rows of holes, and a minimum perforated area of 1 1/2ꞌꞌ square inches per linear foot. Perforations must be located not less than 30º or more than 60º from the vertical on either side of the center line of the bottom of the pipe. However, for drainfield systems designed by an engineer, drain pipe perforation area and hole configuration must assure that effluent is distributed as equally as possible throughout the drainfield area. All plastic pipe must conform to the standards of ASTM D-3034-21, Standard Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings (2021), incorporated by reference in subparagraph 62-6.014(2)(a)1., F.A.C. ASTM F 667/667M-16R21, Standard Specification for 3 through 24 in. Corrugated Polyethylene Pipe and Fittings (2021), incorporated in subparagraph 62-6.014(2)(a)4., F.A.C., or ASTM F-810-12R18, Standard Specification for Smoothwall Polyethylene (PE) Pipe for Use in Drainage and Waste Disposal Absorption Fields as incorporated by reference in subparagraph 62-6.014(2)(a)5., F.A.C.

(h) Depending on the type of drainfield system being utilized, the drainfield absorption surface must be constructed level or with a downward slope not exceeding one inch per 10ꞌ feet. Drain lines must be placed at the same slope as the drainfield absorption surface.

(i) The maximum length of drain lines must not exceed 100ꞌ feet for all gravity-fed and lift-dosed drainfields, and where two or more drain lines are used, they must be, as near as practical, the same length. The ends of two or more drain lines in bed and mound systems must be connected to produce a continuous circuit. A continuous circuit arrangement is also recommended but not required for standard drain trench systems. However, when a continuous circuit arrangement is not used, the distal ends of the drain lines must be capped or sealed.

(j) No part of a drainfield must be placed within 18ꞌꞌ inches of the treatment or pump tank.

(k) If lots are encountered whereby a standard drainfield system cannot meet drainfield slope or soil cover requirements, a drop box configuration for sloping lots as per Section 7.2.8.1, Chapter 7, EPA 625/1-80-012, Design Manual for Onsite Wastewater Treatment and Disposal Systems, such section hereby incorporated by reference, may be used at the installer’s discretion for drainfield construction.

(6) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400 or Florida Department of State, Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. Reference materials deemed copyright protected are available for inspection at the same address.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(4)(e) FS. Law Implemented 381.0065 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.56, Amended 3-17-92, 1-3-95, Formerly 10D-6.056, Amended 2-3-98, 3-22-00, 5-24-04, 11-26-06, 6-25-09, 7-16-13, Formerly 64E-6.014, Amended 6-21-22.

Fla. Admin. Code R. 62-6.015 Permitting and Construction of Repairs

All repairs made to a failing onsite sewage treatment and disposal system shall be made only with prior knowledge and written approval from the Department having jurisdiction over the system. Approval shall be granted only if all of the following conditions are met:

(1) Any property owner or lessee who has an onsite sewage treatment and disposal system which is improperly constructed or maintained, or which fails to function in a safe or sanitary manner shall request from the Department, either directly or through their agent, a permit to repair the system prior to initiating repair of the system. A permit shall be issued on Form DEP 4016 only after the submission of an application accompanied by the necessary exhibits and fees. Form DEP 4015 shall be used for this purpose, and can be obtained from the Department. Applications shall contain the following information:

(a) A site plan showing property dimensions, the existing and proposed system configuration and location on the property, the building location, potable and non-potable water lines, within the existing and proposed drainfield repair area, the general slope of the property, property lines and easements, any obstructed areas, any private or public wells, or any surface water bodies and stormwater systems in proximity to the onsite sewage system which restricts replacement or relocation of the drainfield system. The existing drainfield type shall be described. For example, mineral aggregate, non-mineral aggregate, chambers, or other.

(b) The size of the septic tank or other treatment tank currently in use and the approximate square footage and elevation of the drainfield existing on the site.

(c) The quantity and type of waste being discharged to the system. Where water use records cannot be obtained, estimates shall be made from values found in Rule 62-6.008, Table I, F.A.C.

(d) The soil textures encountered within the existing and proposed drainfield areas, and the estimated water table during the wettest season of the year.

(e) Any unusual site conditions which may influence the system design or function such as sloping property, drainage structures such as roof drains or curtain drains, and any obstructions such as patios, decks, swimming pools or parking areas.

(f) The person performing the site evaluation shall provide a brief description of the nature of the failure which is occurring.

(2) Site evaluations necessary to obtain the above referenced information shall be conducted at the expense of the owner or lessee by Department personnel, by an engineer who is licensed in the State of Florida or by other qualified persons as per subsection 62-6.004(3), F.A.C. Site specific information may be obtained by the applicant through examination of Department records of permits previously issued for the site.

(3) When a repair is to be performed on a failing system in which the contractor will be using any method other than drainfield addition or replacement, the following additional permit application information shall be submitted to the Department by the contractor in addition to the information required in subsections 62-6.015(1) and (2), F.A.C.

(a) The process used to repair the system. Examples include high-pressure water jetting of drainlines and high-pressure injection of air alongside the drainfield. Such information shall include the manner in which the proposed repair will take place. The manufacturers recommended method for product use, quantities and concentration of product, shall be included in this information.

(b) Any chemical compound to be introduced into the system in an effort to repair the system shall be identified by chemical composition or trade name, including the concentration and quantity of product used. The method of product introduction shall be stated. For example, product introduced through the distribution box.

(c) Any repair method proposed which intends to physically disrupt the absorption surface shall include a drawing of the drainfield system that includes a diagram of the sites where the absorption surface will be disrupted. The depth of each disruption shall be recorded at each site.

(4) Where the absorption surface of the drainfield is within 6ꞌꞌ inches of the wet season high water table, an alternative repair method addressed in subsection 62-6.015(3), F.A.C., shall not be used. The existing drainfield shall be removed and a replacement drainfield shall be installed in accordance with all other repair criteria, including separation from seasonal high water table and drainfield sizing. Paragraph 62-6.015(6)(f), F.A.C., shall be used to determine septic tank conformance.

(5) The Department shall make every effort to issue a permit within 2 working days after receiving the application for system repair. Repair permits shall be valid for 90 days from the date of issuance. However, if the system is maintained to not create a sanitary nuisance, a repair permit shall be extended for one 90 day period.

(6) Construction materials used in system repairs shall be of the same quality as those required for new system construction. Aggregate and soil in spoil material from drainfield repairs shall not be used in system repair in any manner. Undamaged infiltration units, pipes and mechanical components may be reused on the original site. Any spoil material taken off site shall be disposed of in a permitted landfill or shall be limed and stockpiled for at least 30 days to prevent a sanitary nuisance. Offsite spoil material stockpile areas shall meet the prohibition requirements of subsection 62-701.300(2), F.A.C. The resulting lime-treated material shall not be used for drainfield repair, or construction of any onsite sewage treatment and disposal system. Any use of the lime treated material shall not cause a violation of Chapter 386 F.S., and shall not impair groundwater or surface water. Mineral aggregate and soil in spoil material may, at the option of the septic tank contractor and the property owner, be buried on site if limed before burial. Lime amount must be sufficient to preclude a sanitary nuisance. Depth of seasonal high water table to the spoil material must be at least six inches. Setbacks for buried spoil material shall be the same as for onsite sewage treatment and disposal system drainfields. A minimum of six inches of slightly or moderately limited soil shall cover the spoil material and shall extend to at least five feet around the perimeter of the burial site. Any failing system shall, at a minimum, be repaired in accordance with the following criteria:

(a) System repairs shall comply with minimum setbacks and separations as specified in Rule 62-6.005, F.A.C. If current required setbacks and separations cannot be met, lesser setbacks as specified in Table V shall be maintained. For repairs only, if current required setbacks given below cannot be attained, absolute minimum setbacks shall be met. When site conditions exist which allow either absolute or current required setbacks to various features, current required setbacks shall be maintained from features with the highest protection factor. Setbacks to features with lower protection factors shall be reduced to the maximum setback or separation attainable, with no less than the absolute minimum setback allowed. A standard gravity flow system is to be used when possible to achieve the appropriate separations of absorption surface to seasonal high water and effective soil depth.

TABLE V

Repair System Setback Requirements

Permit Date of Original System

Description of Setback (Separation)

Protection Factor

Current Required Setback

Absolute Minimum Setback

Prior to 1-1-72

System to a Private Potable Well

6

75ꞌ feet

Greatest of the Following:

(a) Maximum Setback (≤75 feet

(b) Original Setback (if ≥50 feet)

(c) 50 feet

Bottom of Drainfield Absorption Surface to Wet Season Water Table

5

24ꞌꞌ inches

Greatest of the Following:

(a) Maximum Separation (≥6 inches)

(b) Original Separation (if ≥6 inches)

(c) 6 inches

Effective Soil Depth

5

42ꞌꞌ inches

Greatest of the Following:

(a) 24 inches

(b) Maximum Separation (≥12 inches)

(c) 12 inches

System to Surface Water

4

50ꞌ feet

Greatest of the Following:

(a) Maximum Setback (≥25 feet and ≤50 feet)

(b) Original Setback (if ≥25 feet)

(c) 25 feet

System to Non-Potable Well

3

50ꞌ feet

Greatest of the Following:

(a) Maximum Setback (≥25 feet and ≤50 feet)

(b) Original Setback (if ≥25 feet)

(c) 25 feet

Drainfield Sidewall to Start of Slope

2

4ꞌ feet

Greatest of the Following:

(a) Maximum Setback (≥2.5 feet)

(b) 2.5 feet

System to Property Line or Building Foundation

1

5ꞌ feet

Greatest of the Following:

(a) Maximum Setback (≥2 feet)

(b) 2 feet

1-1-72 to

12-31-82

System to a Private Potable Well

6

75ꞌ feet

Greatest of the Following:

(a) Maximum Setback (≤75 feet and ≥50 feet)

(b) Original Setback (if ≥50 feet)

(c) 50 feet

Bottom of Drainfield Absorption Surface to Wet Season Water Table

5

24ꞌꞌ inches

Greatest of the Following:

(a) Maximum Separation (≤24 inches and ≥6 inches)

(b) Original Separation (if ≥6 inches)

(c) 6 inches

Effective Soil Depth

5

42ꞌꞌ inches

Greatest of the Following:

(a) 36 inches

(b) Maximum Separation (≥ 24 inches)

(c) 24 inches

System to Surface Water

4

75ꞌ feet

Greatest of the Following:

(a) Maximum Setback (≤75 feet and ≥50 feet)

(b) Original Setback (if ≥50 feet)

(c) 50 feet

System to Non-Potable Well

3

50ꞌ feet

Greatest of the Following:

(a) Maximum Setback (≤50 feet and ≥25 feet)

(b) Original Setback (if ≥25 feet)

(c) 25 feet

Drainfield Sidewall to Start of Slope

2

4ꞌ feet

Greatest of the Following:

(a) Maximum Separation (>3 feet)

(b) 3 feet

System to Property Line or Building Foundation

1

5ꞌ feet

Greatest of the Following:

(a) Maximum Setback (≥2 feet)

(b) 2 feet

1-1-83 to Present

System to a Private Potable Well

6

75ꞌ feet

75 feet

Bottom of Drainfield Absorption Surface to Wet Season Water Table

5

24ꞌꞌ inches

Greatest of the Following:

(a) Existing elevation (≥12 inches)

(b) 12 inches

Effective Soil Depth

5

42ꞌꞌ inches

Greatest of the Following:

(a) Maximum Separation (≥36 inches)

(b) 36 inches

System to Surface Water

4

75ꞌ feet

Greatest of the Following:

(a) Maximum Setback (if >50 feet)

(b) 50 feet

System to Non-Potable Well

3

50ꞌ feet

50 feet

Drainfield Sidewall to Start of Slope

2

4ꞌ feet

4 feet

System to Property Line or Building Foundation

1

5ꞌ feet

Greatest of the Following:

(a) Maximum Setback (if ≥2 feet)

(b) 2 feet

Footnotes to Table V:

1. For sites which contain oolitic limestone, the minimum effective soil depth shall be 12ꞌꞌ inches regardless of the date the original system was installed provided that the wet season water table is a minimum of 4ꞌ feet below the bottom surface of the drainfield.

2. Where severely limited soil underlies the drainfield, soil removal and replacement shall be performed as per Footnote 3. to Table III.

(b) For systems permitted on or after January 1, 1983, if system failure is due to excessive hydraulic loading, the original permitted drainfield shall be allowed to remain in service but shall have additional drainfield added to it. The resulting system drainfield size shall be 50 percent larger than the drainfield originally permitted, or shall be in compliance with drainfield sizing criteria specified in Rules 62-6.008 and 62-6.009, F.A.C., whichever is larger.

(c) Minimum sizing of drainfield repairs for residential systems installed prior to 1983 shall be based on the criteria specified below. Failed drainfields shall be replaced with drainfields meeting, at a minimum, the sizing criteria specified below.

1. If sufficient area is available, the existing drainfield can be left in place and used as part of the system. A new drainfield equal in size to, and separate from, the existing drainfield shall be added and flow directed to both the old and new drainfield.

2. Table VI and VII values are for subsurface and filled systems if the existing drainfield cannot be used as part of the repair. Mound trench systems shall be sized 10 percent larger than the values below and 20 percent larger if absorption beds are installed in the mound. The amount of drainfield installed during the repair shall not be less than the amount the system had prior to the repair.

TABLE VI

Residential Sizing for Slightly Limited Soil Textures

Number of

Square Feet of

Square Feet of

Bedrooms

Trench Area

Absorption Bed

1

75

100

2

150

200

3

225

300

4

300

400

Add per bedroom

75

100

TABLE VII

Residential Sizing for Moderately Limited Soil Textures

Number of

Square Feet of

Square Feet of

Bedrooms

Trench Area

Absorption Bed

1

100

125

2

200

250

3

300

375

4

400

500

Add per bedroom

100

125

(d) Repairs of commercial systems installed prior to 1983 shall be based on the following criteria:

1. Sewage flows shall be determined from values found in Table I of Rule 62-6.008, F.A.C., or on the highest monthly flow for the previous 18 month period from documented water use records, whichever is higher.

2. Failed drainfields shall at a minimum, meet the sizing criteria specified below.

a. If sufficient room is available, the existing drainfield can be left in place and used as part of the system. A new drainfield equal in size to, and separate from, the existing failed drainfield shall be added.

b. Sewage loading rates to trench or absorption bed bottom areas shall be in accordance with the values in Table VIII which are applicable to subsurface and filled drainfield systems if the existing drainfield is replaced with a new drainfield. Mound trench systems shall be sized 10 percent larger than the values below and 20 percent larger if absorption beds are installed in the mound.

TABLE VIII

Drainfield Sizing for Commercial Systems Installed

Prior to 1983

in gallons/square foot/day

Trenches

Absorption Beds

Slightly limited textures

1.00

0.80

Moderately limited textures

0.65

0.50

(e) Where the cause of system failure is determined to be from root clogging of the distribution box or drainfield line of a system, and where removal of the root mass and replacement of damaged drainfield material will restore the system to its original design function, upon inspection and verification of the repair work by the health unit, permit satisfaction will be considered to be achieved.

(f) A tank need not be replaced as part of the repair if the health unit determines the tank to be structurally sound, constructed of approved materials, and if such tank has an effective capacity within two tank sizes of the capacities required by Table II. In addition, the tank shall be pumped and a solids deflection device shall be installed as a part of the outlet of the tank if one is not currently in place.

(g) Repairs to a system shall not be located within 2ꞌ feet of a sleeved and sealed potable water line or 2ꞌ feet from non-potable water lines.

(h) If the total drainfield area exceeds 1,000ꞌ square feet, or if the tank is too low to permit gravity flow into the drainfield, the drainfield shall be dosed. The requirements of subsections 62-6.014(3) and (4), F.A.C., shall be used for dosing requirements.

(i) Setbacks from an existing system to a public well shall not be decreased from existing setbacks, but shall be increased where practical to achieve the required setbacks as per paragraphs 62-6.005(1)(b) and (c), F.A.C.

(7) If a repair cannot be made utilizing the standards in subsection (6) above, all available area for drainfield repair shall be assessed and the repair permit shall allow for the maximum size drainfield that can be accommodated in the available area while allowing for the system to be installed above the wet season water table. Total removal of the existing drainfield and replacement of the drainfield in its original location shall be authorized if there is no additional area to enlarge the system. Setbacks to wells, surface water bodies, and other pertinent features which are less than the setbacks in subsection (6) above, shall not be reduced below existing setbacks. Nothing in this section shall be construed to allow a drainfield to remain in the wet season water table. The appropriate requirements for bottom of drainfield absorption surface to wet season water table separation in Table V shall be adhered to in all repairs.

(8) If soil replacement is to be performed on any repair, the requirements of Footnote 3., Table III, shall be adhered to.

(9) System repairs shall be performed by persons who are qualified to do so as set forth in Part III of this rule.

(10) Except as provided for in subsection (7) above, the amount of drainfield installed during the repair shall not be less than the amount the system had prior to the repair.

(11) Subsection 62-6.004(7), F.A.C., shall be used in conjunction with this section when permitting a repair in which the property has been divided after the original permit was issued.

(12) For inspection purposes when a drainfield is repaired using a physical disruption method, such as air injection, the contractor shall mark the location of each injection site in an easily identifiable manner.

The Department shall inspect repairs to determine that the absorption surface of the repaired drainfield is at least six inches above the wet season high water table, to determine the repair process was completed according to the information provided with the repair permit application and to determine the repair site is free of sanitary nuisance conditions.

History

• Rulemaking Authority 381.0065(3)(a) FS. Law Implemented 381.0065, 386.041 FS. History–New 3-17-92, Amended 1-3-95, 2-13-97, Formerly 10D-6.0571, Amended 2-3-98, 3-22-00, 5-24-04, 11-26-06, 6-25-09, 4-28-10, Formerly 64E-6.015.

Fla. Admin. Code R. 62-6.0151 Product Composition

(1) Any product sold or used in the state for use in an onsite sewage treatment and disposal system shall be in compliance with the requirements of Section 381.0065(4)(m), F.S. The following criteria shall be used in determining product compliance.

(a) Use of the product shall not result in violations of Surface Water Quality Rule 62-302.500, F.A.C., effective 5-15-2002, or Groundwater Quality Rules 62-520.400 and 62-520.420, F.A.C., effective 12-9-1996.

(b) The product’s formula itself shall not exceed water quality contaminant concentrations in Rule 62-302.500, F.A.C., effective 5-15-2002, or Rules 62-520.400 and 62-520.420, F.A.C., effective 12-9-1996.

(c) The product shall contain no substance in concentrations or amounts that would interfere with or prevent the successful operation of an onsite sewage treatment and disposal system.

(2) If the Department determines an onsite sewage treatment and disposal system product is not in compliance with the criteria in Rule 62-6.0151, F.A.C., the Department shall notify the product manufacturer of the items in non-compliance. The product shall be allowed to be continued for sale and use in Florida for a maximum of 90 days from date of receipt of notification of violation. This is to allow the manufacturer an opportunity to exhibit to the Department that the product satisfactorily complies with the conditions of Section 381.0065(4)(m), F.S. and this rule. In attempting to demonstrate compliance with Section 381.0065(4)(m), F.S. and this rule, the manufacturer shall provide at a minimum the following information:

(a) A listing of all physical, chemical, biological or other agents which make up the product and provide toxicity information for each component. This information shall include trade names, chemical names, and concentrations of all individual or complexed components and the Material Safety Data Sheet (MSDS) for the product. Any trade secret will be treated according to Section 381.83, F.S.

(b) A list of all known, expected, or possible reactions and by-products resulting from use of the product including the effect on bacteria, all standard contents of the tank, including sludge layer; scum layer; fats, oils and greases, and the effects on currently approved drainfield distribution systems.

(c) Test results from a State or EPA-certified laboratory demonstrating that use of the product will not result in violations of surface water or groundwater standards in Rule 62-6.0151, F.A.C. Tests shall be conducted on the product as sold and the test results shall include:

1. Acute Definitive Toxicity test [96 hour LC50] according to EPA Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms (EPA-821-R-02-012), October 2002, herein incorporated by reference, for Pimephales promelas (fathead minnow) or any of the following species: Ceriodaphnia dubia (daphnid), Cyprinella leedsi (bannerfin shiner), Daphnia pulex and Daphnia magna (daphnids). The 96-hour LC50 shall be reported as a concentration in mg/l or ml/l, and;

2. Chemical analysis showing the concentrations of Volatile Organic Compounds [EPA 8260] to a minimum detection level of 0.5 ug/L (ppb).

(d) A description of the anticipated use of the product in onsite sewage treatment and disposal systems. Where and how the product is to be applied, any exceptions to application guidelines, the frequency of applications, who is allowed to perform the applications, and the amount and concentration of product per application shall be included in the product description. When the product should not be used shall also be included in the description. The information provided shall include the manufacturer’s recommended application rate of the product as it appears on the product label. Unless the product label provides other specifications, the Department, for purposes of this evaluation, assumes that the application rate will be applied to a flow of 300 gallons per day into a 1,000-gallon septic tank.

(e) All studies done on the use of the product which support or disputes the information required in Rule 62-6.0151, F.A.C., and which demonstrates the product will not harm public health or the environment and will not impair system components and functioning. Monitoring reports and data from systems in use shall be provided if available.

(f) A signed and dated certification by the manufacturer that states: “I certify under penalty of law that these documents and all attachments, to the best of my knowledge and belief, are true, accurate and complete, and represent all available data for [name of product or products].”

(g) Scientific documentation demonstrating claimed benefits occurring due to the use of the product.

(3) If the Department determines that the product does not comply with the provisions of Section 381.0065(4)(m), F.S., the Department shall stop the sale of the product or take other actions deemed necessary to preclude the sale and use of the non-compliant product.

History

• Rulemaking Authority 381.0065(4)(m) FS. Law Implemented 381.0065(4)(m), 381.0066 FS. History–New 3-22-00, Amended 5-24-04, 6-25-09, Formerly 64E-6.0151.

Fla. Admin. Code R. 62-6.016 U.S. Department of Agriculture Soil Textural Classification System

Part II

Florida Keys

History

• Rulemaking Authority 381.0011(4), (13), 381.0065(3)(a) FS. Law Implemented 381.0065, 381.00655 FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.58, Amended 3-17-92, 1-3-95, Formerly 10D-6.058, Repealed 12-29-16.

Fla. Admin. Code R. 62-6.017 Definitions

Definitions in Chapter 62-6, Parts I and III, F.A.C., are also applicable to Chapter 62-6, Part II, F.A.C.

(1) Building Area – that enclosed area of a dwelling unit, excluding the garage, carport, exterior storage shed, or open or screened patios or decks. Calculations of building area shall be made by measurements of the outside building dimensions. Building area of each additional story of the structure shall be added to determine the total building area.

(2) Cesspit – a pit, with or without a cover, that receives untreated sewage from a building and discharges the sewage, either untreated or improperly treated, directly to the surrounding soil or limestone. A septic tank that functions as a cesspit shall be considered a cesspit.

(3) Injection well – an open vertical hole at least 90 feet in depth, fully cased and grouted to at least 60 feet in depth which is used to dispose of onsite sewage treatment and disposal system effluent.

(4) Minimum level of waste treatment – a treatment which will provide a recovered water product that contains not more, on a permitted annual average basis, than the following concentrations from a sampling point located following the final design treatment step of the onsite sewage treatment and disposal system:

(a) Biochemical Oxygen Demand (CBOD5)

10 mg/1

(b) Suspended Solids

10 mg/1

(c) Total Nitrogen, expressed as N

10 mg/1

(d) Total Phosphorus, expressed as P

1 mg/1

(5) Salt Marsh and Buttonwood Associations – two plant associations that are sometimes collectively or individually referred to as the “transitional zone.”

(a) The salt marsh community is a wetland area subject to tidal influence wherein the dominant vegetation includes the following:

1. Batis maritima Saltwort,

2. Distichilis spicata Salt grass,

3. Fimbristylis castanea Chestnut sedge,

4. Monanthochloe littoralis Key grass,

5. Salicornia spp. Glasswort,

6. Sesuvium portulacastrum Sea purslane; and,

7. Spartina spp. Cordgrass.

The woody vegetation that may be present includes red, white and black mangroves, as well as buttonwood (Conocarpus erectus); the salt marsh community is distinguished by the dominance of non-woody plants, and the woody species have a coverage of less than 40 percent. The salt marsh community may be associated and intermixed with areas of almost bare ground on which the vegetation may be limited to mats of algae.

(b) The buttonwood association is an association that is usually present in the more landward zone, and may intermix with more upland communities. The vegetation may include, but is not limited to, the following species:

1. Borrichia spp. Sea oxeye daisy,

2. Bumelia celastrina Saffron plum,

3. Coccoloba uvifera Sea grape,

4. Conocarpus erectus Buttonwood,

5. Erithalis fruticosa Black torch,

6. Fimbristylis castanea Chestnut sedge,

7. Jacquinia keyensis Joewood,

8. Lycium carolinianum Christmas berry,

9. Maytenus phyllanthoides Mayten; and,

10. Spartina spp. Cordgrass.

The buttonwood association is distinguished from the salt marsh association by the dominance of buttonwood trees, usually occurring as an open stand that permits the growth of an under-story of groundcovers and shrubs.

(6) Nutrient reducing material – material which is used in the final treatment stage of an onsite sewage treatment and disposal system to reduce effluent nutrient levels to the minimum level of waste treatment.

(7) Undocumented system – an onsite sewage treatment and disposal system that does not have a record of installation and approval.

History

• Rulemaking Authority 381.0011(4), (13), 381.006, 381.0065(3)(a), (4)(k) FS., Ch. 99-395, LOF. Law Implemented 154.01, 381.001(2), 381.0011(4), 381.006(7), 381.0061, 381.0065, 381.00655, 386.041 FS., Ch. 99-395, LOF. History–New 7-15-86, Amended 3-17-92, 1-3-95, Formerly 10D-6.062, Amended 3-3-98, 3-22-00, Formerly 64E-6.017.

Fla. Admin. Code R. 62-6.018 System Location, Design and Maintenance Criteria

Table III of Chapter 62-6, Part I, F.A.C., and other subsections of Part I pertaining to soil texture, soil depth, and maximum sewage loading rates for specific soils shall not apply to areas subject to the provisions of this part except for Table III, Footnote 2., as it relates to the falling head percolation test procedure. However, approved system design criteria, system location, operation, maintenance and monitoring requirements of subsections 62-6.018(1), (2), (3), and (4), F.A.C., shall apply. A minimum of one soil profile and one percolation test per application shall be required for site evaluations performed in the Florida Keys. However, a soil profile and percolation test is not required when the system design engineer chooses the use of an injection well for effluent disposal. All new onsite sewage treatment and disposal systems shall be performance-based treatment systems designed by an engineer licensed in the State of Florida and shall meet the minimum level of waste treatment as defined in Rule 62-6.017, F.A.C. All receptacles subject to a positive buoyancy exposure shall be anchored or otherwise weighted to prevent flotation during flooding periods. The receptacles shall be evaluated for buoyancy while in their normal operating condition.

(1) An onsite sewage treatment and disposal system which meets the location, construction, maintenance and operational requirements of paragraph 62-6.018(1)(a) or (b), F.A.C., shall be approved, provided that if an aerobic treatment unit is a component of the system design, the certification, construction, operational and maintenance requirements of Rule 62-6.012, F.A.C., shall also be met.

(a) When final effluent disposal is into a nutrient reducing material-lined drainfield system, the following general requirements shall apply:

1. The Department shall require the installer of a nutrient reducing material lined drainfield system to provide certification from the installer’s nutrient reducing material supplier that the material supplied for such type of installations meets the requirements of this subsection.

2. No part of the system shall be within 25ꞌ feet of the boundaries of surface water bodies or salt marsh and Buttonwood Association habitat areas where the dominant vegetation species are those typical of salt marsh communities.

3. The bottom surface of the nutrient reducing material layer shall be at least 12ꞌꞌ inches above mean high water.

4. Appropriate shallow root vegetative cover shall be established over drainfield systems to maximize the beneficial effects of evapotranspiration.

5. Nutrient reducing material has a finite life span. The nutrient reducing material shall be replaced as necessary to ensure that the system continues to meet the minimum level of waste treatment.

(b) An injection well shall be approved for final effluent disposal provided setbacks from salt marsh/buttonwood habitats and other surface water bodies cannot be met by another effluent disposal system noted above, and provided the installation is in compliance with the following:

1. An injection well shall not be permitted or installed under the provisions of this part in any area designated by the United States Environmental Protection Agency or the Florida Department of Environmental Protection as having a single or sole source aquifer. Single source aquifer is defined in subsection 62-520.200(14), F.A.C.

2. In areas where injection wells are approved for use, the Monroe County Health Department shall be the permitting authority for the engineer designed onsite sewage treatment unit and the injection well, where the estimated daily domestic sewage flow will not exceed 2,000 gallons per day. For establishments having a total daily sewage flow greater than 2,000 gallons per day but not greater than 10,000 gallons per day, the Monroe County Health Department shall be the permitting authority for the engineer designed treatment unit and DEP is the permitting authority for the injection well and any additional associated effluent treatment device.

3. The ground surface within a distance of at least 10ꞌ feet in all directions around the injection well and any portion of the onsite sewage treatment and disposal system shall not be subject to surface or ground water flooding. In addition, the invert of the effluent inlet pipe to the injection well shall be a minimum 18ꞌꞌ inches above the estimated seasonal high water level.

4. If there is adequate vertical and horizontal clearance to allow for proper maintenance, repair or replacement of the treatment unit and injection well, such components of the onsite sewage treatment and disposal system shall be allowed to be placed beneath an elevated building.

5. Prior to discharge into an injection well, effluent shall be disinfected by chlorination or other disinfection method approved by the Department. A minimum disinfection level equivalent to a free chlorine residual of 0.5 milligrams per liter measured at the point of effluent discharge after a minimum chlorine contact time of 15 minutes into the injection well, shall be maintained in the effluent at all times.

6. An injection well to receive an estimated daily domestic sewage flow not exceeding 2,000 gallons per day shall meet minimum construction criteria of this sub-subparagraphs a., b., and c. The Monroe County Health Department shall be notified by the well driller the time when the well will be drilled so the Department can schedule observation of well construction. The Monroe County Health Department shall not approve an injection well for use until the well driller has certified, in writing to the Monroe County Health Department, that the well has been installed in compliance with the provisions of this subparagraph. The inspection fee for the construction of an injection well shall be $125.00.

a. An injection well as defined in subsection 62-6.017(3), F.A.C., shall be constructed, in part, utilizing a casing of polyvinyl chloride, commonly referred to as PVC. The minimum PVC casing weight and strength classification shall be schedule 40 and the minimum outside diameter of the casing shall be 4ꞌꞌ inches. Other casing materials having strength and corrosion resistance properties equal to or greater than PVC schedule 40 pipe shall also be approved.

b. An open hole having a minimum diameter of 6ꞌꞌ inches shall extend to a depth of not less than 30 feet below the bottom of the casing.

c. The annular space between the casing and the natural rock wall of the borehole shall be grouted the full length of the casing.

7. A minimum of one maintenance visit every four months shall be made to those systems using injection wells for effluent disposal. The visit shall include an inspection of the chlorination unit and any filter units. When an aerobic treatment unit is a component of the onsite sewage treatment and disposal system, documents and reports required in Rule 62-6.012, F.A.C., shall also include the results of aerobic treatment unit inspections and shall include information on chlorine residuals to assess compliance with the disinfection requirements of this rule.

8. If an injection well is discontinued for effluent disposal the injection well shall be properly abandoned and plugged by filling the injection well from bottom to top with cement grout.

(2) For an aerobic treatment unit treating domestic sewage flows in excess of 1,500 gallons per day but not exceeding 10,000 gallons per day, where effluent from the treatment unit will be discharged to an engineer designed soil absorption drainfield system, the following requirements shall be met:

(a) The soil absorption drainfield system shall be set back from surface water bodies by the greatest distance attainable, but shall meet at least minimum setback and elevation requirements specified in subsection 62-6.018(1), F.A.C.

(b) The owner or lessee of a system shall comply with the general maintenance and operational requirements of subsections 62-6.012(2) and (3), F.A.C., and any additional operation and maintenance requirements specified by the system design engineer.

(3) The owner or lessee of a performance-based treatment system shall obtain and maintain a maintenance contract with an approved maintenance entity.

(a) All new onsite sewage treatment and disposal systems shall be inspected by an approved maintenance entity at least two times each year.

(b) A maintenance report shall be kept by the maintenance entity. A copy of all maintenance reports shall be provided to the Department. The report shall include the following information:

1. The address of the system.

2. Date and time of inspection.

3. Sample collection time and date, and person who collected sample.

4. Results of all sampling.

5. Volume of effluent treated, to include total monthly and daily average.

6. Maintenance performed.

7. Problems noted with the treatment system and actions taken or proposed to overcome them.

(4) In conjunction with the systems specified in subsections 62-6.018(1) and (2), F.A.C., an applicant may use the alternative systems described in subsection 62-6.009(1), (3), (4), (5) or (6), F.A.C. An alternative system shall meet the general intent of Part I and Part II of this rule.

History

• Rulemaking Authority 381.0011(4), (13), 381.006, 381.0065(3)(a) FS., Ch. 99-395, LOF. Law Implemented 381.0065, 381.00655 FS., Ch. 99-395, LOF. History–New 7-15-86, Amended 3-17-92, 1-3-95, Formerly 10D-6.063, Amended 3-3-98, 3-22-00, 4-21-02, 11-26-06, Formerly 64E-6.018.

Fla. Admin. Code R. 62-6.0181 System Repair and Cesspit and Undocumented System Replacement

(1) Where a property is determined to have a cesspit or an undocumented system, the cesspit or undocumented system shall be required to be replaced with an onsite sewage treatment and disposal system complying with Rule 62-6.018, F.A.C.

(2) In areas that are scheduled to be served by a central sewer by December 31, 2015, where there is documentation from the sewer utility that the property is scheduled to be served by December 31, 2015, and there is documentation from the sewer utility or from the county tax collector’s office that the property owner has paid or has signed an agreement to pay for connection to the central sewer system, an onsite sewage treatment and disposal system requiring repair shall be repaired to the standards in subsection 62-6.0181(3), F.A.C.

(3) Systems shall be repaired to the following standards provided no system shall be repaired to meet a lower standard of treatment than the treatment standard permitted or required to be met prior to the repair.

(a) A Class I aerobic treatment unit which meets the location, construction, maintenance and operational requirements of subparagraph 62-6.0181(3)(a)1. or 2., F.A.C., and the certification, construction, operational and maintenance requirements of Rule 62-6.012, F.A.C.

1. Where a Class I aerobic treatment unit is utilized, and where final effluent disposal is into a sand lined drainfield system, the following general requirements shall apply:

a. For a sand-lined drainfield, a minimum 12ꞌꞌ inch thick layer of quartz sand shall be placed beneath the bottom of the drainfield absorption surface and a minimum 12ꞌꞌ inch wide and minimum 24ꞌꞌ inch thick layer of quartz sand shall be placed contiguous to the drainfield sidewall absorption surfaces in order to provide an additional level of effluent treatment prior to effluent passing into the surrounding natural limestone rock. Sand material shall have either an effective grain size in the range of 0.25 millimeter to 1.00 millimeter and shall have a uniformity coefficient of less than 3.5, or the material shall be of such size whereby at least 90 percent of the sand particles pass a U.S. Standard Number 18 sieve and less than 10 percent pass a number 60 sieve. These materials are in the USDA soil texture classes known as medium sand and coarse sand. The Department shall require the installer of a sand-lined drainfield system to provide certification from the installer’s sand supplier that the sand supplied for such type of installation meets the requirements of this subsection.

b. No part of the system shall be within 25ꞌ feet of the mean high water line of tidal surface water bodies or within 25ꞌ feet of the ordinary high water line of lakes, ponds or other non-tidal surface waters or salt marsh and Buttonwood Association habitat areas where the dominant vegetation species are those typical of salt marsh communities.

c. The bottom surface of the sand layer shall be at least 12ꞌꞌ inches above mean high water.

d. The maximum sewage loading rate to an aerobic treatment unit absorption bed drainfield with underlying sand liner shall be 1.1 gallons per square foot per day.

e. Appropriate shallow root vegetative cover shall be established over drainfield systems to maximize the beneficial effects of evapotranspiration.

2. Provided a Class I aerobic treatment unit is utilized and provided effluent from the treatment unit, prior to discharge into an injection well, is passed through a mineral aggregate filter unit as described in subparagraph 62-6.0181(3)(a)2., F.A.C., or where effluent is passed through a filter unit of another design which has been determined by the Department to be at least equal to the mineral aggregate filter unit with regard to sewage treatment capability, an injection well shall be approved in compliance with the following:

a. An injection well shall not be permitted or installed under the provisions of this part in any area designated by the United States Environmental Protection Agency or the Florida Department of Environmental Protection as having a single or sole source aquifer. Single source aquifer is defined in subsection 62-520.200(14), F.A.C.

b. In areas where injection wells are approved for use, the Monroe County Health Department shall be the permitting agent for the aerobic treatment unit, the filter unit and the injection well, where the estimated daily domestic sewage flow will not exceed 2,000 gallons per day. For establishments having a total daily sewage flow greater than 2,000 gallons per day but not greater than 10,000 gallons per day, the Monroe County Health Department shall be the permitting authority for the aerobic treatment unit and the filter unit and DEP is the permitting agent for the injection well and any additional associated effluent treatment device. The effluent from the treatment unit permitted by the Monroe County Health Department shall not exceed 20 mg/l CBOD5 or 20 mg/l suspended solids on a permitted annual average basis and shall have disinfection in accordance with sub-subparagraph 62-6.0181(3)(a)2.h., F.A.C., prior to discharge into any injection well.

c. The interior of the aerobic treatment unit, the top surface of the mineral aggregate filter soil cover, and the ground surface within a distance of at least 10 feet in all directions around the injection well, filter unit and aerobic treatment unit shall not be subject to surface or ground water flooding. In addition, the invert of the effluent inlet pipe to the injection well shall be a minimum 18 inches above the estimated seasonal high water level.

d. If there is adequate vertical and horizontal clearance to allow for proper maintenance, repair or replacement of the aerobic treatment unit, filter unit and injection well, such components of the onsite sewage treatment and disposal system shall be allowed to be placed beneath an elevated building.

e. If a mineral aggregate filter as referred to in subparagraph 62-6.0181(3)(a)2., F.A.C., is utilized, effluent discharge from the aerobic unit shall be by gravity or pressure distribution to a perforated pipe distribution system as specified in Part I, Rule 62-6.014, F.A.C. Such distribution system shall be placed within the walls of the mineral aggregate filter and shall be placed above a mineral aggregate filter layer which shall be at least 24 inches thick. Mineral aggregate filter material shall have either an effective size in the range of 2.36 millimeters to 4.75 millimeters and shall have a uniformity coefficient of less than 3.5 or the material shall be equivalent in size to Florida Department of Transportation aggregate classification number eight or nine. The system designer may specify additional layers of filter material above or below the required 24ꞌꞌ-inch layer of filter material. The Monroe County Health Department shall require the installer of mineral aggregate filter systems to provide certification from the installer’s mineral aggregate supplier that the aggregate supplied meets requirements of this sub-paragraph. If the filter is not sealed with a lid meeting the requirements of paragraph 62-6.013(1)(e), F.A.C., the filter shall be capped with a layer of slightly limited soil no less than 6 nor more than 12 inches thick.

f. The maximum sewage loading rate to the mineral aggregate filter shall be 5.5 gallons per square foot per day based upon the top surface area of the filter layer. The maximum sewage loading rate to an approved filter unit other than a mineral aggregate filter as described in this section shall be evaluated by the Department based on unit design, size, filter media characteristics and expected functional life of the unit.

g. Effluent having passed through a mineral aggregate filter shall collect in an underdrain for gravity or mechanical discharge into an injection well. The underdrain shall consist of minimum 4 inch diameter perforated drainpipe which is encased within a minimum 8 inch depth of 1/2 to 2ꞌꞌ inch diameter washed and durable aggregate. The walls and bottom of the filter unit shall be reinforced concrete or other material of adequate strength and durability to withstand hydrostatic and earth stresses to which the unit will be subjected. The walls and bottom of the unit shall be made waterproof so that the total volume of effluent passed through the mineral aggregate filter will be collected in the filter underdrain for discharge into the injection well.

h. Prior to discharge into an injection well, effluent from the filter unit shall be disinfected by chlorination or other disinfection method approved by the Department. A minimum disinfection level equivalent to a free chlorine residual of 0.5 milligram per liter measured at the point of effluent discharge after a minimum chlorine contact time of 15 minutes into the injection well, shall be maintained in the effluent at all times.

i. An injection well to receive an estimated daily domestic sewage flow not exceeding 2000 gallons per day shall meet minimum construction criteria of this sub-sub-subparagraphs (I), (II) and (III). The Monroe County Health Department shall not approve an injection well for use until the well driller has certified, in writing to the Monroe County Health Department, that the well has been installed in compliance with the provisions of this sub-paragraph. The inspection fee for the construction of an injection well shall be $125.00.

(I) An injection well as defined in subsection 62-6.017(3), F.A.C., shall be constructed, in part, utilizing a casing of polyvinyl chloride, commonly referred to as PVC. The minimum PVC casing weight and strength classification shall be schedule 40 and the minimum outside diameter of the casing shall be 4 inches. Other casing materials having strength and corrosion resistance properties equal to or greater than PVC schedule 40 pipe shall also be approved.

(II) An open hole having a minimum diameter of 6ꞌꞌ inches shall extend to a depth of not less than 30 feet below the bottom of the casing.

(III) The annular space between the casing and the natural rock wall of the borehole shall be grouted the full length of the casing.

j. A minimum of one maintenance visit every four months shall be made to those systems using injection wells for effluent disposal. In addition to the standard aerobic treatment unit maintenance visit, the visit shall include an inspection of the chlorination and filter units. Documents and reports required in Rule 62-6.012, F.A.C., shall also include the results of these inspections and shall include information on chlorine residuals to assess compliance with the disinfection requirements of this rule.

k. If an injection well is discontinued for effluent disposal use such injection well shall be properly abandoned and plugged by filling the injection well from bottom to top with cement grout.

(b) The following general requirements apply for the repair of a septic tank system:

1. The existing tanks shall meet the requirements of paragraph 62-6.015(6)(f), F.A.C., or, if the tanks need to be replaced as part of the repair, they shall be replaced with tanks meeting the requirements of Table II and Rule 62-6.013, F.A.C.

2. Effluent from the septic tank shall discharge to a drainfield over a sand liner meeting the standards in sub-subparagraph 62-6.0181(3)(a)1.a., F.A.C.

3. No part of a septic tank and sand-lined drainfield system shall be located within 50 feet of the mean high water line of tidally influenced surface water bodies or within 50 feet of the mean annual flood line of permanent non-tidal surface water bodies.

4. The drainfield component of the system must be located a minimum distance of 50 feet from salt marsh and buttonwood association habitat areas where the dominant vegetation species are those typical of salt marsh communities.

5. The maximum sewage loading rate to the drainfield shall be 0.9 gallons per square foot per day.

(c) A performance-based treatment system designed and certified by a professional engineer, licensed in the state, as producing an effluent meeting at a minimum the treatment standards for a system designed in accordance with subsection 62-6.017(4), F.A.C., and permitted, constructed and monitored in accordance with Part IV.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(4)(l) FS. Law Implemented 381.0065 FS. History–New 3-3-98, Amended 3-22-00, 4-21-02, 5-24-04, 11-26-06, 7-16-13, Formerly 64E-6.0181.

Fla. Admin. Code R. 62-6.0182 Coordinated Permitting

Chapter 28-20, F.A.C., and the Memorandum Of Understanding (MOU) between Monroe County, the Department of Community Affairs, the Department of Environmental Protection, and the Department of Health, including the Monroe County Health Department, dated July 25, 1997, are herein incorporated by reference, and is available by contacting the Department. Chapter 28-20, F.A.C., and the MOU establish a permit allocation system for development and a coordinated permit review process. Chapter 28-20, F.A.C., and the MOU prohibit new system construction permits to serve new residential development that would allow development in excess of the number of permits that Monroe County may issue under its policy.

Part III

Qualifications and Registration of Septic Tank Contractors, Private Provider Inspectors, and Authorization of Partnerships and Corporations

History

• Rulemaking Authority 381.0011(4), (13), 381.006, 381.0065(3)(a), (4)(k) FS., Ch. 99-395, LOF. Law Implemented 154.01, 381.0011(4), 381.006(7), 381.0065, 381.00655, 386.01, 386.03, 386.041 FS., Ch. 99-395, LOF. History–New 3-3-98, Amended 3-22-00, Formerly 64E-6.0182.

Fla. Admin. Code R. 62-6.019 Requirements for Registration

(1) Persons subject to registration. A person is subject to the requirements of this Chapter and must be registered as a septic tank contractor, Master Septic Tank Contractor, or licensed as defined in Section 489.105(3)(m), F.S., if he or she contracts or advertises to provide services to the public or holds himself or herself out as being capable of performing services related to any of the following activities in the onsite sewage treatment and disposal industry regulated by the Department:

(a) Installation of onsite sewage treatment and disposal systems;

(b) Repair of onsite sewage treatment and disposal systems;

(c) Modification of onsite sewage treatment and disposal systems;

(d) Maintenance of onsite sewage treatment and disposal systems, except when performed by a permitted maintenance service entity for aerobic treatment units or performance-based treatment systems qualified by a wastewater treatment plant operator and permitted in accordance with subsection 62-6.012(4) or paragraph 62-6.027(6)(e), F.A.C.;

(e) Septic tank pumping and septage disposal services, excluding companies which only provide portable toilet or temporary holding tank services;

(f) Abandonment of an onsite sewage treatment and disposal system.

(2) Examination. Applications for the septic tank contractor examination must be made on Form DEP 4074, effective date June 2026, Application for Registered or Master Septic Tank Contractor Examination, herein adopted and incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-19502. Copies of this form are available as provided in subsection (5) below from the Department. In order for the application to be considered complete, the applicant for a Septic Tank Contractor registration examination or reexamination must provide all information on the application in the appropriate spaces, sign the application, include the correct payment of the applicable fees as stated in subsection 62-6.030(2), F.A.C., in the correct amount, and include all supporting documentation required with the Form DEP 4074. The applicant has ninety days after the Department issues a request for additional information to submit the requested information to the Department. If the applicant does not respond within ninety days, the application will be denied.

(3) Registration. Persons seeking registration as a septic tank contractor, who successfully passed the examination as provided in subsection 62-6.019(4), F.A.C., can apply for registration as a Registered Septic Tank Contractor. The application for registration as a Registered Septic Tank Contractor must be made on Form DEP 4075, effective date June 2026, Application for Septic Tank Contractor Registration, adopted and incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-19503. In order for the application to be considered complete, the applicant must provide all information on the application in the appropriate spaces, the application must be signed by the applicant, and include the correct payment of the applicable fees as stated in subsection 62-6.030(2), F.A.C. The application must include all supporting documentation required with the Form DEP 4075. The supporting documentation that must be provided include:

(a) Verification of at least three years of experience, as required under Section 489.553(4)(d), F.S., and demonstrated by a total of 6,000 hours of experience received from one or a combination of experience stated in subparagraphs 62-6.019(3)(a)1. through 5., F.A.C. The sum of related experience and educational experience stated within subparagraphs 62-6.019(3)(a)2., 3., and 5., F.A.C., may substitute for a maximum of two years (4,000 hours) of experience.

1. Experience verification signed by a Registered Septic Tank Contractor, Master Septic Tank Contractor, or plumbing contractor as defined in Section 489.105(3)(m), F.S., certifying the applicant’s active experience serving an apprenticeship as a skilled worker under the supervision and control of a Registered Septic Tank Contractor, Master Septic Tank Contractor, or plumbing contractor as defined in Section 489.105(3)(m), F.S., providing septic tank contracting services. The experience verification must specifically identify the applicant’s supervisor, company and dates of work experience, work responsibilities, and work hours engaged in the construction or maintenance of onsite sewage treatment and disposal systems.

2. Certification by the applicant demonstrating related work experience which must, at a minimum, include information regarding the extent of experience in onsite sewage treatment and disposal system design, inspection, installation, regulation, environmental health professional certification in onsite sewage, site evaluation, underground utility contracting, and wastewater treatment plant maintenance and operation. Related work experience does not include clerical, purchasing or estimating work. The certification must identify the applicant’s supervisor, company, dates of work experience, work responsibilities, and hours worked. The experience of a person employed by and under the supervision of a contractor licensed in another state for septic tank contracting is considered related work experience. The experience of a person self-employed as a private site evaluator or private provider inspector is considered related work experience. No more than two years (maximum 4,000 hours) of related work experience will be accepted and the certification must account for the hours of related work.

3. Certification by the applicant’s employer or supervisor demonstrating related work experience which must, at a minimum, include information regarding the extent of experience in onsite sewage treatment and disposal system design, inspection, installation, regulation, environmental health professional certification in onsite sewage, site evaluation, underground utility contracting and wastewater treatment plant maintenance and operation. Related work experience does not include clerical, purchasing or estimating. The certification must identify the applicant’s supervisor, company and dates of work experience, work responsibilities, and hours worked. Employment under the supervision of a contractor licensed in another state for septic tank contracting is considered related work experience. No more than two years (maximum 4,000 hours) of related work experience will be accepted and the certification must account for the hours of related work.

4. Certification from a regulatory agency of another state demonstrating the applicant held a statewide license for septic tank contracting in their jurisdiction, length of time the license has been held, verification of compliance with continuing education requirements consistent with Florida’s requirements, and verification of the passing of an examination that at a minimum included the following topics: system location and installation, site evaluation criteria, system size determinations, disposal of septage, construction standards for drainfield systems, and U.S. Department of Agriculture’s soil textural classification system. Out of state experience will be prorated as 2000 hours per 365 days of license holding.

5. Certification of completion of Department approved coursework, which will be counted at a ratio of 33 work hours per hour of coursework up to a maximum of 4000 hours.

(b) A certified State of Florida Criminal History Record Check, reviewed and provided by the Florida Department of Law Enforcement, sent by the Florida Department of Law Enforcement directly to the Department of Environmental Protection, Finance and Accounting, Post Office Box 3070, Tallahassee, Florida 32315. Applicants indicating work experience required by paragraph 62-6.019(3)(a), F.A.C., which occurred outside of the State of Florida must submit a certified criminal history check equivalent to the Florida Department of Law Enforcement Criminal History Record Check for each out of state jurisdiction. The Department will evaluate the applicant’s good moral character pursuant to the requirements stated in Section 489.553(4)(a), F.S.

(c) The applicant must not:

1. Have a final agency enforcement action against the applicant under Chapter 381, F.S., 403, F.S., part III of Chapter 489, F.S., or Chapter 62-6, F.A.C., in the three years immediately preceding the date of application.

2. Have a civil or administrative penalty assessed pursuant to a Department final order under Chapter 62-6, F.A.C., which has not been paid.

(d) The applicant is responsible for all information supplied to the Department. The applicant has ninety days after the Department issues a request for additional information to submit the requested information to the Department. If the applicant does not respond within ninety days, the application will be denied.

(e) The applicant must identify how they will comply with Section 489.555(2), F.S., by indicating if, after registration, they:

1. Will offer septic tank contracting services under an existing authorized business,

2. Will apply for a new certificate of authorization before offering septic tank contracting services,

3. Will offer septic tank contracting services under their own legal name, which is exempt from the requirement for a certificate of authorization, or

4. Are not currently planning to offer septic tank contracting services in Florida.

(4) Eligible applicants must successfully complete an examination administered by the Department. Minimum passing score for the examination is a 75 percent correct response to all questions comprising the examination. A passing score is valid to issue a registration for five years from the date of the examination and expires on the fifth anniversary date. An applicant who was a Master Septic Tank Contractor within the previous three annual cycles and had previously been a Registered Septic Tank Contractor with the Department is exempt from the examination requirement to become a Registered Septic Tank Contractor. All other requirements for registration apply.

(5) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 489.553(3), 489.557(1) FS. Law Implemented 489.552, 489.553 FS. History–New 10-25-88, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.072, Amended 2-3-98, 4-21-02, 6-18-03, 11-26-06, 4-28-10, Formerly 64E-6.019, Amended 6-8-26, Reviewed 8-3-26.

Fla. Admin. Code R. 62-6.020 Registration to Become a Master Septic Tank Contractor

(1) Examination. A septic tank contractor or a plumbing contractor certified under Section 489.105(3)(m), F.S., who is eligible under Sections 489.553(5)(a) and (b), F.S., may apply to the Department to take the Master Septic Tank Contractor registration examination on Form DEP 4074, effective date June 2026, Application for Registered or Master Septic Tank Contractor Examination, incorporated by reference in subsection 62-6.019(2), F.A.C. In order for the application to be considered complete, the applicant for a Master Septic Tank Contractor registration examination or reexamination must:

(a) Provide all information on the application in the appropriate spaces, sign the application, include the correct payment of the applicable fees as stated in subsection 62-6.030(2), F.A.C., in the correct amount, and include all supporting documentation required with the Form DEP 4074, incorporated by reference in subsection 62-6.019(2), F.A.C. The applicant has ninety days after the Department issues a request for additional information to submit the requested information to the Department. If the applicant does not respond within ninety days, the application will be denied.

(b) Provide to the Department confirmation that they satisfactorily completed the accelerated certification training, as defined in subsection 62-6.002(2), F.A.C., and completed a Department approved course on low-pressure dosing design. In order to complete the accelerated certification training the applicant must do the following:

1. Prior to participating in the pre-certification coursework and taking the associated examinations, a person requesting authorization to take the examinations as part of their qualifications must submit the following to the Department:

a. Examination fees and account creation fee.

b. Contact information:

(I) Name (first name, middle, last name, generational suffix if applicable).

(II) Firm or business name, if applicable.

(III) Mailing address (street address, city, state, zip).

(IV) Email address.

(V) Date of birth.

(VI) Telephone number.

2. After submitting a complete application, applicants must register for participation in and complete the pre-certification coursework.

3. After completing the pre-certification coursework eligible applicants must successfully complete each part of the accelerated certification training examination administered by the Department. The minimum passing score for each part of the examination must be a 70 percent correct response to all questions.

a. Applicants not achieving a passing score on any part of the examination for any part or failing to take a scheduled examination are required to submit an additional examination fee before being authorized to take that part of the examination again.

b. If the applicant is unable to pass any part of the examination within two attempts, the applicant must reregister for the respective pre-certification coursework and examination pursuant to subparagraphs 62-6.020(1)(b)2. and 3., F.A.C.

(2) Registration. Applicants who successfully passed the examination as provided for in subsection 62-6.020(3), F.A.C., can apply for registration as a Master Septic Tank Contractor. The application must be made on Form DEP 4075, effective date June 2026, Application for Septic Tank Contractor Registration, adopted and incorporated by reference in subsection 62-6.019(3), F.A.C. In order to be complete, the application for a Master Septic Tank Contractor registration must have all appropriate spaces filled, be signed by the applicant, and include payment of all fees in the correct amount and contain all necessary supporting documentation. The applicant has ninety days after the Department issues a request for additional information to submit the requested information to the Department. If the applicant does not respond within ninety days, the application will be denied. For registration as a Master Septic Tank Contractor the applicant must:

(a) Have been a Registered Septic Tank Contractor or state-licensed plumbing contractor doing septic tank contracting services for the three years immediately preceding the date of application. This time period may not be interrupted by more than 60 accumulated days of an expired registration or suspension imposed by the licensing agency through administrative action.

(b) Have not been the subject of any final agency enforcement action under Chapter 381, F.S., 403, F.S., part III of Chapter 489, F.S., or Chapter 62-6, F.A.C. in the three years immediately preceding the date of application.

(c) Does not have an outstanding fine assessed pursuant to Chapter 62-6, F.A.C., which is in final order status and judicial reviews are exhausted.

(d) Have successfully resolved any disciplinary action involving septic tank contracting where an administrative action was commenced by the licensing agency prior to the filing of the application.

(e) Have not been convicted of, found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which is related to the practice of contracting for the three years immediately preceding the date of application.

(f) Provide a certified State of Florida Criminal History Record Check, reviewed and provided by the Florida Department of Law Enforcement sent by the Florida Department of Law Enforcement directly to the Department of Environmental Protection, Finance and Accounting, Post Office Box 3070, Tallahassee, Florida 32315. The Department will evaluate the applicant’s good moral character pursuant to the requirements stated in Section 489.553(4)(a), F.S.

(3) Eligible applicants must successfully complete a comprehensive examination administered by the Department. Minimum passing score for the examination is a 70 percent correct response to the examination questions. A passing examination score is valid for up to five years to complete initial registration.

(4) Master Septic Tank Contractor reversion to Septic Tank Contractor.

(a) A Master Septic Tank Contractor who previously met the requirements of Rule 62-6.019, F.A.C., may revert to a Registered Septic Tank Contractor at any time during the registration period by submitting a request in writing to the Department. The Department will not charge a fees to process this reversion request.

(b) A Registered Septic Tank Contractor who reverted from a Master Septic Tank Contractor and still meets the requirements pursuant to Rule 62-6.021, F.A.C., may renew as a Master Septic Tank Contractor within five years of their reversion to a Registered Septic Tank Contractor.

(c) After the expiration of a suspended license, a registrant has the option to renew as a Registered Septic Tank Contractor or as a Master Septic Tank Contractor, as long as the requirements set forth in Rules 62-6.019 and 62-6.020, F.A.C., are met, respectively.

(d) A Registered Septic Tank Contractor who reverts from a Master Septic Tank Contractor registration to a Registered Septic Tank Contractor must update their advertising information that is released to the general public within 30 days of the reversion to reflect the change in registration status.

(5) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 489.553(3), 489.557(1) FS. Law Implemented 489.552, 489.553, 489.554 FS. History–New 2-13-97, Formerly 10D-6.0725, Amended 2-3-98, 4-21-02, 6-18-03, 11-26-06, Formerly 64E-6.020, Amended 6-8-26, Reviewed 8-3-26.

Fla. Admin. Code R. 62-6.021 Issuance and Renewal of Annual Registration

(1) Certificates of registration remain active until the end of the annual cycle as indicated on the registration certificate, except as specified in Rule 62-6.022, F.A.C. For new registrants the effective date of the registration is the date the applicant is notified by the Department, and the registration expires at the end of the next annual cycle. The effective date of an active registration is the first day of the current annual cycle or the date all information in subsection 62-6.021(2), F.A.C., is received, whichever is later. Subsequent renewals expire at the end of each annual cycle. Each annual cycle starts on October 1st and extends through the September 30th of the following year.

(2) A certificate of registration must be renewed only after the applicant has provided to the Department a complete Form DEP 4076, effective date June 2026, Application for Septic Tank Contractor Registration Renewal, herein adopted and incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-19504, the required fee payment, and any necessary supporting documentation showing that the contractor has successfully completed the necessary number of classroom contact hours of Department-approved instruction within the previous annual cycle for their registration type as follows:

(a) 12 hours for Registered Septic Tank Contractors or

(b) 18 hours for Master Septic Tank Contractors, of which at least 6 hours must be successfully completed in an approved master level course. Instructional time spent by a Master Septic Tank Contractor in providing Department approved continuing education training will receive credit as master contractor classroom contact hours. A Master Septic Tank Contractor who only completes 12 classroom contact hours of approved instruction during the annual cycle may request to be renewed as a Registered Septic Tank Contractor, instead of their registration status becoming inactive. Such a contractor may renew as a Master Septic Tank Contractor upon submittal of documentation of the remaining required hours of continuing education during the current annual cycle.

(c) For both registration types no more than one third of the total hours submitted to meet the requirement can be on business practice or office management topics.

(d) The applicant has ninety days after the Department issues a request for additional information to submit the requested information to the Department. If the applicant does not respond within ninety days, the application will be denied.

(3) If a Registered or Master Septic Tank Contractor successfully completes more hours of approved instruction than are required for registration renewal during the previous annual cycle, a maximum of 6 unused hours can be rolled over to renew their next year’s certificate of registration. Such information must be accompanied by necessary renewal fees and a completed renewal application on Form DEP 4076, Application for Septic Tank Contractor Registration Renewal, adopted and incorporated by reference in subsection 62-6.021(2), F.A.C.

(4) Any registration renewal application which is not submitted in a timely and complete manner will revert to inactive status after expiration until renewed. Each application for renewal will be considered filed in a timely manner if the application has been postmarked or delivered to the Department physically or electronically, as provided for on Form DEP 4076, herein adopted and incorporated by reference in subsection 62-6.021(2), F.A.C., prior to the close of business 30 days before the date of expiration of the registration. If the renewal application due date falls on a weekend or legal holiday, the renewal application due date is the first working day after the renewal application due date.

(5) A Master Septic Tank Contractor may not have been the subject of more than one final agency enforcement action under Chapter 381, 403, or part III of Chapter 489, F.S., or Chapter 62-6, F.A.C., in the three years immediately preceding the date of renewal.

(6) A Registered or Master Septic Tank Contractor must maintain good moral character as required by Section 489.553(4)(a), F.S.

(7) A Registered Septic Tank Contractor or Master Septic Tank Contractor may request inactive status. Persons wishing to reactivate an inactive registration must complete and submit Form DEP 4076, incorporated by reference in subsection 62-6.021(2), F.A.C., and substantiate the required number of classroom contact hours of approved instruction for their registration type according to subsection 62-6.021(2), F.A.C., for the previous cycle during which the registration was considered inactive. Application must be accompanied by necessary exhibits and renewal fees. Persons holding inactive registrations for more than five annual cycles from the date of inactivation who wish to become active may not reactivate the inactive registration but must seek new registration under Rule 62-6.019, F.A.C., for Registered Septic Tank Contractors or Rule 62-6.020, F.A.C., for Master Septic Tank Contractors.

(8) The Department will deny an application for renewal if there is any outstanding administrative penalty with the Department where the penalty is final agency action and all judicial reviews are exhausted.

(9) Approval of continuing education courses and course providers will be in accordance with the Department Requirements for Continuing Education Courses and Course Providers, April 2026, herein adopted and incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-19508. A person seeking approval for a course or as course provider must provide Form DEP 4115, effective date June 2026, Application for Septic Tank Contracting Course Approval, herein adopted and incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-19506, or Form DEP 4116, effective date June 2026, Application for Septic Tank Contracting Course Provider, herein adopted and incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-19507, respectively, with payment of required fees specified in subsection 62-6.030(3), F.A.C. The applicant is responsible for all information supplied to the Department. The applicant has ninety days after the Department issues a request for additional information to submit the requested information to the Department. If the applicant does not respond within ninety days, the application will be denied.

(10) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 489.553(3), 489.557(1) FS. Law Implemented 489.552, 489.553, 489.554 FS. History–New 10-25-88, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.073, Amended 3-22-00, 4-21-02, 6-18-03, 5-24-04, 11-26-06, Formerly 64E-6.021, Amended 6-8-26, Reviewed 8-3-26.

Fla. Admin. Code R. 62-6.022 Disciplinary Standards

(1) This rule applies to administrative remedies as described under Section 403.121. F.S. This rule does not apply to or preclude judicial remedies as authorized under Section 403.121(1) and Section 403.141, F.S.

(2) It is the responsibility of persons registered under this Chapter to see that work for which they have contracted or which has been performed by them or under their supervision is carried out in conformance with the requirements of all applicable Florida Statutes and Chapter 62-6, F.A.C. The following actions by a person subject to this Chapter are deemed unethical and subject to penalties as set forth within Florida Statutes and rules of the Department. The penalties listed are used as guidelines in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this Chapter and Part I of Chapter 403, F.S.

(a) Providing contracted services or advertising to provide services without obtaining registration from the Department as required in Rule 62-6.019, F.A.C., failure to obtain a certificate of authorization for a business organization which provides contracted services as required in Rule 62-6.023, F.A.C., acting under a name not registered or authorized by the Department. First violation: letter of warning or penalty of $2,000.00; repeat violation: penalty of $2,000.00 or revocation.

(b) Permit violations.

1. Contractor initiates work to install, modify, or repair a system when no permit has been issued by the Department. A permit is issued after construction is started but prior to completion of the contracted work. No inspections are missed. First violation: letter of warning or penalty of $2,000.00; repeat violation: penalty of $2,000.00 and 90 day suspension or revocation.

2. Contracted work is completed without a permit having been issued, or no permit application is received until after contracted work was completed, resulting in missed inspection or inspections. First violation: letter of warning or penalty of $2,000.00; repeat violation: revocation.

(c) Contracting with a delinquent registration. Delinquent registration includes suspended, revoked, void and inactive registrations. First violation: letter of warning or penalty of $2,000.00; repeat violation: penalty of $2,000.00 or revocation.

(d) Failure to call for required inspections. First violation: letter of warning or penalty of $2,000.00; repeat violation: letter of warning or penalty of $2,000.00 and 90 day suspension or revocation.

(e) False payment statements which are the result of assessing charges to a customer for work not performed. First violation: letter of warning or penalty of $2,000.00; repeat violation: penalty of $2,000.00 and one year suspension or revocation.

(f) Abandoning for 30 consecutive days, without good cause, a project in which the contractor, or person, is engaged or under contractual obligation to perform. First violation: letter of warning or penalty of $2,000.00; repeat violation: revocation.

(g) Aiding or abetting evasion of Chapter 489, F.S., or Chapter 381, F.S. First violation: letter of warning or penalty of $2,000.00; repeat violation: penalty of $2,000.00 and one year suspension or revocation.

(h) Obtaining registration through fraud or misrepresentation. Revocation and penalty of $2,000.00.

(i) Practicing fraud or deceit, making misleading or untrue representations. First violation: letter of warning or penalty of $2,000; repeat violation: revocation.

(j) Gross negligence, incompetence, or misconduct which:

1. Causes no monetary or other harm to a customer, or physical harm to any person. First violation: letter of warning or penalty of $2,000.00; repeat violation: penalty of $2,000.00 and 90 day suspension or revocation.

2. Causes monetary or other harm to a customer, or physical harm to any person. First violation: letter of warning or penalty of $2,000.00 and 90 day suspension; repeat violation: penalty of $2,000.00 and revocation.

(k) Operating a septage disposal service without a valid Department service permit. First violation: letter of warning or penalty of $2,000.00; repeat violation: revocation.

(l) Failure to properly treat or properly dispose of septage, holding tank waste, portable restroom waste, or food service sludge. First violation: letter of warning or penalty of $2,000.00 per violation of Rule 62-6.010, F.A.C.; repeat violation: revocation.

(m) Failure to maintain completed records of septage treatment and disposal activities. First violation: letter of warning or penalty of $2,000.00; repeat violation: penalty of $2,000.00 and 90 day suspension or revocation.

(n) Installation, modification, or repair of an onsite sewage treatment and disposal system in violation of the standards of Section 381.0065 or 381.00655, F.S., or Chapter 62-6, F.A.C. First violation: letter of warning or penalty of $2,000.00 per specific standard violated; repeat violation: 90 day suspension or revocation.

(o) Creation or maintenance of a sanitary nuisance as defined by Section 386.01, F.S., and described in Section 386.041, F.S. First violation: letter of warning or penalty of $2,000.00; repeat violation: 90 day suspension or revocation.

(p) Falsifying an inspection report as a private provider inspector in violation of the standards of Rule 62-6.003, F.A.C. First violation: letter of warning or penalty of $2,000.00; repeat violation: 90 day suspension of private provider inspector privileges or revocation.

(q) Falsifying a site evaluation report or an existing system and system repair evaluation form. First violation: letter of warning or penalty of $2,000.00; repeat violation: 90 day suspension or revocation.

(r) Falsifying any maintenance service report(s) or report(s) about work performed. First violation: letter of warning or penalty of $2,000.00; repeat violation: 90 day suspension or revocation.

(s) Performing service on an onsite sewage disposal system that is clearly not necessary to improve the function or design of the system without notifying the property owner that such work is optional. First violation: letter of warning or penalty of $2,000.00; repeat violation: penalty of $2,000.00 and one year suspension or revocation.

(t) The absence of any violation from this subsection is viewed as an oversight, and is not an indication that no penalty is to be assessed.

(3) Circumstances which will be considered for the purposes of mitigation or aggravation of penalty include the following:

(a) Monetary or other damage to the registrant’s customer, in any way associated with the violation, which damage the registrant has not relieved, as of the time the penalty is to be assessed.

(b) Actual job-site violations of this rule or conditions exhibiting gross negligence, incompetence or misconduct by the contractor, which have not been corrected as of the time the penalty is being assessed.

(c) The severity of the offense.

(d) The danger to the public.

(e) The number of repetitions of the offense.

(f) The number of complaints filed against the contractor.

(g) The length of time the contractor has practiced and registration category.

(h) The actual damage, physical or otherwise, to the customer.

(i) The effect of the penalty upon the registrant’s livelihood.

(j) Any efforts at rehabilitation.

(k) Any other mitigating or aggravating circumstances.

(4) As used in this rule, a repeat violation is any violation on which disciplinary action is being taken where the same registrant had previously had disciplinary action taken against them or received a letter of warning in a prior case that was finalized within the preceding five years. This definition applies regardless of the chronological relationship of the violations and regardless of whether the violations are of the same or different subsections of this rule. The penalty given in the above list for repeat violations is intended to apply only to situations where the repeat violation is of a different subsection of this rule than the first violation. Where the repeat violation is the very same type of violation as the first violation, the penalty set out above will generally be increased over what is shown for repeat violations.

(5) Where several of the above violations occur in one or more cases being considered together, the penalties will be cumulative and consecutive.

(6) The provisions of this section must not be construed so as to prohibit civil action or criminal prosecution as provided in Part I of Chapter 403, F.S., Part III of Chapter 489, F.S., and Section 381.0065, F.S., or for a violation of any provision of Part I of Chapter 386, F.S.

(7) No provision of this rule will be construed as to limit the ability of the Department to enter into binding stipulation with the accused party per Section 120.57(4), F.S.

(8) If a person registered under Part III of Chapter 489, F.S., fails to maintain good moral character as required by Section 489.553(4), F.S., or is convicted of, found guilty of, or enters a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting, the Department can revoke or suspend their registration.

History

• Rulemaking Authority 381.0065(3)(a), 403.061(7), 489.553(2), (3), 489.556, 489.557 FS. Law Implemented 403.121, 403.161, Part III 489 FS. History–New 3-17-92, Amended 1-3-95, 2-13-97, Formerly 10D-6.0751, Amended 2-3-98, 5-24-04, Formerly 64E-6.022, Amended 6-8-26.

Fla. Admin. Code R. 62-6.023 Certification of Septic Tank Contracting, Partnerships, and Corporations

(1) Authorization of a business organization, as defined in Section 489.105(13), F.S., is only effective as to that business organization. Subsidiaries or parents of authorized business organizations must be separately authorized by the same process.

(a) Application for a certificate of authorization must be made to the Department on Form DEP 4077, effective date June 2026, Application for Certificate of Authorization, herein adopted and incorporated by reference at http://flrules.org/Gateway/reference.asp?No=Ref-19505, and must be accompanied by all necessary exhibits and fees. A business that applies for a certificate of authorization after the mid point of the biennial authorization cycle must pay half the fee required in Rule 62-6.030, F.A.C. The applicant has ninety days after the Department issues a request for additional information to submit the requested information to the Department. If the applicant does not respond within ninety days, the application will be denied.

(b) Any certificate of authorization not renewed in a timely manner will become inactive after expiration until renewed. Applications for renewal are considered timely filed if the application has been post marked or has been delivered to the Department physically or electronically, as provided for on Form DEP 4077, incorporated by reference in paragraph 62-6.023(1)(a), F.A.C., prior to the close of business 30 days before the date of expiration of the certificate. If that date falls on a weekend or legal holiday, the day of expiration is the first working day after the expiration date of the certificate.

(2) A Registered Septic Tank Contractor or Master Septic Tank Contractor may not be the qualifying contractor for more than one business organization required to have a certificate of authorization. Per Section 489.555, F.S., a Registered Septic Tank Contractor or Master Septic Tank Contractor practicing under their own name and exempt from the requirement to obtain a certificate of authorization may not also be the sole qualifying contractor for a business organization.

(3) A business organization which loses its qualifying contractor has sixty (60) days from the date the qualifier terminated their affiliation within which to obtain another qualifying contractor. This period will be extended by the Department for a period of 30 days pending the outcome of the examination for a new qualifying contractor if the applicant has provided a completed application and all required exhibits and fees. During this period, the business organization may complete any existing contracts or continuing contracts, but may not undertake new contracts.

(4) A business organization must provide written notification to the Department within 30 days of any change in the ownership of the business organization or change in the registration status of the qualifying contractor.

(5) Authorized business organizations may conduct business under fictitious names which are registered with the Department of State, Division of Corporations, and with the Department’s Onsite Sewage Program. Additionally, a business organization must apply for a new certificate of authorization within 30 days of a name change for any of the following reasons:

(a) when the business organization changes its legal name,

(b) if the business organization begins conducting business under a new fictitious name,

(c) if the business organization stops using or loses the right to use its fictitious name as registered with the Department of State, Division of Corporations, or as registered with the Department’s Onsite Sewage Program.

(6) A business organization registered under a fictitious name must display that fictitious name as the name of the company in compliance with this Chapter or as stated in subsections 62-6.010(3), 62-6.0101(3), paragraph 62-6.0101(7)(i), or paragraph 62-6.023(1)(a), F.A.C., or must clearly identify and display the legal name and fictitious name in combination, separated by “dba.”

(7) A business organization which conducts business under multiple fictitious names must obtain a separate certificate of authorization for each fictitious name, with a separate qualifying contractor for each.

(8) All materials incorporated herein may be obtained from the Onsite Sewage Program at www.floridadep.gov or Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 381.0065, 489.553, 489.554, 489.557 FS. Law Implemented 381.0065, Part III 489 FS. History–New 10-25-88, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.076, Amended 4-21-02, 5-24-04, 6-25-09, 4-28-10, Formerly 64E-6.023, Amended 6-8-26, Reviewed 8-3-26.

Fla. Admin. Code R. 62-6.024 Private Provider Inspectors

(1) Accelerated certification training for private provider inspectors. In order to pass the accelerated certification training a person must successfully complete the pre-certification coursework and achieve a passing score on each of the examinations.

(a) Prior to participating in the pre-certification coursework and taking the associated examinations, a person requesting authorization to take the examinations as part of their qualifications must submit the following to the Department:

1. Account creation and examination fees, for other than Department employees.

2. Contact information:

a. Name (first name, middle, last name, generational suffix if applicable).

b. Firm or business name, if applicable.

c. Mailing address (street address, city, state, zip).

d. Email address.

e. Date of birth.

f. Telephone number.

3. Confirmation of at least one of the following prequalifications, as applicable:

a. Applicants qualifying under subparagraph 381.0065(8)(c)1., F.S., and section 381.0101, F.S., as an environmental health professional certified in the onsite sewage program must submit proof of their determination of eligibility to take part in the accelerated certification training in accordance with subsection 64E-18.003(6), F.A.C.

b. Applicants qualifying under subparagraph 381.0065(8)(c)3., F.S., must submit proof of their active license issued under Chapter 471, F.S., as an engineer in Florida.

c. Applicants qualifying under subparagraph 381.0065(8)(c)4., F.S., or paragraph 381.0101(2)(b), F.S., must submit a signed, sealed, and dated statement from the engineer under whose supervision they work confirming supervisory oversight.

(b) After submitting a complete application, applicants must register for participation in and complete the pre-certification coursework.

(c) After completing the pre-certification coursework eligible applicants must successfully complete each part of the accelerated certification training examination administered by the Department. The minimum passing score for each part of the examination must be a 70 percent correct response to all questions.

1. Examination results for applicants achieving a passing score on each part of their examination will be reported to the appropriate licensing or registration entity and to the private provider inspector registry.

2. Applicants not achieving a passing score on any part of the examination for any part or failing to take a scheduled examination are required to submit an additional examination fee before being authorized to take that part of the examination again.

3. If the applicant is unable to pass any part of the examination within two attempts, the applicant must reregister for the respective pre-certification coursework and examination pursuant to paragraphs 62-6.024(1)(b) and (c), F.A.C.

(d) Examination results are valid for a period of 2 years from the date of examination.

(2) Prohibited inspections. Private provider inspectors are prohibited from conducting an inspection in any of the following conditions:

(a) An onsite sewage treatment and disposal system must not be inspected by the private provider inspector or authorized representative of the private provider inspector who was the installer for that system.

(b) Engineers licensed in Florida and qualified pursuant to subparagraph 381.0065(8)(c)3., F.S., or persons working under the supervison of the engineer and qualified pursuant to subparagraph 381.0065(8)(c)4., F.S., are prohibited from acting as the private provider inspector on a system when the engineer also serves as the engineer certifying completion for the installation of the onsite sewage treatment and disposal system according to subsection 62-6.003(2), F.A.C., or paragraph 62-6.027(5)(a), F.A.C.

(3) Complaints and Enforcement. A private provider inspector must perform the inspection in compliance with the requirements of this chapter and section 381.0065, F.S.

(a) A private provider inspector who violates the requirements of this chapter, section 381.0065, F.S., Part III of Chapter 489, F.S., or other Department requirements is subject to enforcement pursuant to section 381.0065, F.S. and Part I of Chapter 403, F.S.

(b) A private provider inspector must comply with the requirements of the applicable authority with jurisdiction over their license or certification under Chapter 381, F.S., Chapter 471, F.S., or Chapter 489, F.S. For private provider inspectors who are qualified pursuant to subparagraph 381.0065(8)(c)4., F.S., and who may not have an established professional licensing board regulating their profession, enforcement action will include the licensed professional engineer licensed under Chapter 471, F.S., who supervised the private provider inspector. The Department may refer cases for further investigation to the applicable authority with jurisdication over the license or certification.

(4) A private provider inspector hired to perform a construction inspection is authorized to perform one or more construction inspections of an onsite sewage treatment and disposal system during the construction and installation of the system prior to final installation approval by the Department, and shall be subject to the following registration and auditing requirements:

(a) Prior to submitting a construction inspection report for a construction inspection conducted on or after {effective date + 90 days}, a private provider inspector must submit the following registration information to the Department:

1. Private provider inspector name (first name, middle, last name, generational suffix if applicable).

2. Private provider inspector firm or business name, if applicable.

3. Business address (street address, city, state, zip).

4. Business email address unique to private provider inspector.

5. Business telephone number.

6. Qualification statement or resume pursuant to sub-subparagraph 381.0065(8)(d)1.c., F.S.

7. Qualifying professional license or certification number pursuant to paragraph 381.0065(8)(c), F.S.

8. If the private provider inspector is working under the supervision of an engineer pursuant to subparagraph 381.0065(8)(c)4., F.S., a dated, signed, and sealed statement from the engineer which attests to their supervisory oversight.

(b) Upon receiving the registry information required by paragraph 62-6.024(4)(a), F.A.C., the Department will review and verify compliance with subsection 381.0065(8), F.S. If the registry information submitted does not meet the requirements of subsection 381.0065(8), F.S., the Department will notify the private provider inspector within 30 days of such determination. Once the Department confirms the registry information, the Department will assign the private provider inspector an active registry number for identification purposes. To remain active in the registry the private provider inspector must confirm or update their information in writing to the Department by October 31 of each year. However, any change to license, registration, or certification required by paragraph 381.0065(8)(c), F.S., to qualify as a private provider inspector, shall be reported to the Department within seven days of the effective date of the change.

(c) The Department may audit up to 25 percent of the private provider inspectors each year in accordance with the provisions of paragraph 381.0065(8)(e), F.S. The private provider inspector shall provide the required inspection records and documentation during the Department’s normal business hours within 21 days of an audit request. An audit performed pursuant to paragraph 381.0065(8)(e), F.S. will:

1. Consist of an assessment of the tools, methods, and reporting used by a private provider inspector. The private provider inspectors will be audited to confirm compliance with requirements of this chapter, Chapter 381, F.S., Form DEP 4015A, herein adopted and incorporated by reference in subsection 62-6.003(3), F.A.C., and Part 2 of Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C.

2. Include a field compliance component, during which a Department inspector observes the private provider inspector performing a construction inspection. If the Department inspector identifies deficiencies in the private provider’s inspection, the private provider inspector must not issue a construction inspection approval until the applicable requirements under this chapter have been met.

3. Include a component to assess the completeness, timeliness, and accuracy of submitted inspection records and registry information.

4. Generate an audit report that will include an assessment of the performance of the private provider inspector, and requirements for training or other measures to address deficiencies found. The audit report will be given to the private provider inspector within 30 days of completion of the audit. Subject to sections 120.57 and 120.569, F.S., the private provider inspector, after receiving the results of the audit report, shall have 30 days to respond to the audit report and provide a corrective action plan to address any deficiencies that the Department may have identified.

(d) The Department will create and maintain a publicly accessible portal for the public to locate information on a registered private provider inspector.

(5) Private provider inspectors conducting inspections under subsection 381.0065(8), F.S., are responsible for ensuring that their inspections are conducted in accordance with the requirements of this chapter and the system construction permit. Private provider inspectors must determine whether the onsite sewage treatment and disposal system complies with all applicable standards. Failure to properly conduct inspections or determine compliance may result in enforcement action upon the private provider inspector by the Department.

Part IV

Performance-based Treatment Systems

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(3)(c), 381.0065(8)(h), 489.553 FS. Law Implemented 381.0065, Part I 386, 489.552 FS. History–New 7-9-25.

Fla. Admin. Code R. 62-6.025 Definitions

Definitions in Chapter 62-6, Parts I and II, F.A.C., are also applicable to Chapter 62-6, Part IV, F.A.C.

(1) Composite sample – a defined mixture of grab samples of wastewater or effluent taken in proportion to either time or flow.

(2) Disposal component – arrangement of equipment and/or materials that distributes effluent within a drainfield.

(3) Effluent – the recovered water product from a sampling point following the final design treatment step.

(4) Failure – as in subsection 62-6.002(23), F.A.C., including non-compliance with applicable treatment performance standards as defined in paragraph 62-6.025(11)(e), F.A.C., unless the maintenance entity performs and documents maintenance after a sampling event, undertakes a second sampling event within 30 days of the first, and the results of which meet the applicable treatment performance standard.

(5) Grab sample – a sample which is taken from wastewater or effluent over a period of time not to exceed fifteen minutes.

(6) Effective storage volume – fillable volume in the drainfield material within the vertical distance from the bottom of the drainfield to the invert of the distribution pipe.

(7) Performance-based treatment system – a specialized onsite sewage treatment and disposal system designed by a professional engineer with a background in wastewater engineering, licensed in the state of Florida, using appropriate application of sound engineering principles to achieve specified levels of CBOD5 (carbonaceous biochemical oxygen demand after five days), TSS (total suspended solids), TN (total nitrogen), TP (total phosphorus), or fecal coliform found in domestic or commercial sewage waste, to a specific and measurable established performance standard.

(a) Treatment components which have already been approved as meeting the requirements of subsection 62-6.012(1), F.A.C., are not required to obtain an Innovative System Permit to be approved as a component of a performance-based treatment system. The manufacturer must request such approval from the Onsite Sewage Program in writing. When proposed as part of a performance-based treatment system, the treatment component’s proposed performance must not exceed the following:

1. For CBOD5 and TSS, the average effluent concentration as reported by the applicable NSF 40 standard testing completion report, or corresponding results of an NSF 245 or NSF 350 testing completion report.

2. For TN, the average performance expressed as percent removal reported in the applicable NSF 245 standard testing completion report.

3. For fecal coliform, the performance expressed as percent removal for E. coli based on average influent and effluent concentrations reported in the applicable NSF 350 testing completion report.

(8) Performance-based treatment system maintenance entity – any person or business entity which has obtained an annual permit issued on Form DEP 4013, effective 06-21-2022, Operating Permit, adopted and incorporated by reference in subsection 62-6.012(4), F.A.C., at https://www.flrules.org/Gateway/reference.asp?No=Ref-14365 from the Department of Health, county health department in the county where the maintenance entity is located.

(9) Total storage volume – the fillable volume from the bottom of the drainfield material to the top of the drainfield.

(10) Treatment component – any arrangement of equipment and/or material that treats sewage. A treatment component may coexist within or after a disposal component.

(11) Treatment performance standards.

(a) Applications for performance-based treatment system construction permits after the effective date of this rule must include performance standards consisting of the following three criteria:

1. Annual average concentration is the arithmetic mean of the results of all effluent samples taken within the previous 365 days, expressed as a concentration.

2. Individual sample – result of analysis of one effluent sample, whether grab sample or composite sample, expressed as a concentration. If samples are taken from multiple sample points at the same sampling event, the highest concentration sample must be used.

3. Percent removal – removal of a pollutant from the discharge of the treatment system compared to the influent from the establishment based on annual averages of both. The calculation percent removal = (1- annual average effluent concentration/annual average influent concentration) *100.

(b) Treatment performance standards are established for five pollutants.

1. Carbonaceous biochemical oxygen demand after five days (CBOD5), measured in mg oxygen per liter

2. Total suspended solids (TSS), measured in mg per liter

3. Total nitrogen (TN), the sum of nitrite, nitrate and total Kjeldahl nitrogen, measured in mg nitrogen per liter

4. Total phosphorus (TP), measured in mg phosphorus per liter

5. Fecal coliform, measured in colony forming units (cfu) or most probable number (MPN) per 100 mL

(c) For treatment performance standards other than domestic baseline treatment standards, in lieu of measured influent values, the following annual average design influent values may be assumed: 200 mg/L for CBOD5, 200 mg/L for TSS, 60 mg/L for TN, 10 mg/L for TP, 2,000,000 CFU/100 mL for fecal coliform.

(d) Numerical values for domestic sewage waste, domestic baseline septic tank effluent and several levels of common treatment performance standards for the five pollutants are defined in Table IXa and IXb. In the system construction application, the engineer must design the system to meet average annual concentrations for all applicable pollutants except for total nitrogen, for which percent removal must be used. The site-specific application may propose to use soil or a disposal component as part of the treatment system for secondary and advanced secondary treatment systems, in which case treatment concentration standards must be decreased by 90 percent for CBOD5, and TSS, by 99% for fecal coliform, and by 30% for TN, and TP, as shown in Table IXb.

(e) Compliance during monitoring must consist of meeting at least two of the three criteria. To achieve compliance the values determined from samples of the system must be equal to or better than the treatment standards listed. For concentrations, better means lower, for percent removal, better means higher.

TABLE IXa

BASELINE TREATMENT STANDARDS

POLLUTANT

Domestic Sewage Waste Range

Domestic Baseline Septic Tank Effluent Standards

Domestic Baseline Soil Treatment Standard 24" Below Absorption Surface

CBOD5 (mg/L)

-annual average

300

240

10

-individual sample

500

360

20

-removal

NA*

NA

95%

TSS (mg/L)

-annual average

200

100

10

-individual sample

500

150

15

-removal

NA

NA

90%

TN (mg/L)

-annual average

100

100

70

-individual sample

150

150

100

-removal

NA

NA

30%

TP (mg/L)

-annual average

18

18

12

-individual sample

25

25

18

-removal

NA

NA

30%

Fecal coliform (cfu or MPN/100ml)

-annual average

2.00E+06

2.00E+06

20

-individual sample

2.00E+07

2.00E+07

200

-percent reduction

NA

NA

99.999%

TABLE IXb

PERFORMANCE-BASED TREATMENT SYSTEM STANDARDS

POLLUTANT

Design Influent Value

Aerobic Treatment Unit Standards

NSF40

Aerobic Treatment Unit Standards

NSF245

Secondary Treatment Standards

Secondary Treatment Standards with Soil Treatment

Advanced Secondary Treatment Standards

Advanced Secondary Treatment Standards with Soil Treatment

Florida Keys Nutrient Reduction Standards

Advanced Wastewater Treatment Standards

CBOD5 (mg/L)

-annual average

200

20

20

20

2

10

1

10

5

-individual sample

60

60

60

6

30

3

30

10

-removal

90%

90%

90%

99%

95%

99.5%

95%

97%

TSS (mg/L)

-annual average

200

20

20

20

2

10

1

10

5

-individual sample

60

60

60

6

30

3

30

10

-removal

90%

90%

90%

99%

95%

99.5%

95%

97%

TN (mg/L)

-annual average

60

NR**

30

NR

30

21

10

3

-individual sample

50

50

35

40

6

-removal

50%

50%

65%

70%

95%

TP (mg/L)

-annual average

10

NR

NR

NR

10

7

1

1

-individual sample

20

14

4

2

-removal

0

30%

80%

90%

Fecal coliform (cfu or MPN/100ml)

-annual average

2.00E+06

NR

NR

200

2

200

2

NR (Footnote 3)

1

-individual sample

800

8

800

8

25

-percent reduction

99.99%

99.9999%

99.99%

99.9999%

99.9999%

• NA = Not applicable

** NR = No requirement

Footnote 1. Where chlorine is used for disinfection in a system designed to meet advanced wastewater treatment standard for fecal coliform the design must include provisions for rapid and uniform mixing; and the total chlorine residual of at least 1.0 mg/l must be maintained at all times. The minimum acceptable contact time must be 15 minutes at the peak hourly flow. No individual sample must exceed 5 mg/L TSS after the last treatment step before application of the disinfectant.

Footnote 2. Where chlorine is used for disinfection in a system designed to meet either the secondary treatment standard or the advanced secondary treatment standard for fecal coliform, the design must include provisions for rapid and uniform mixing and a total chlorine residual of at least 0.5 mg/l must be maintained after at least 15 minutes contact time at the peak hourly flow.

Footnote 3. Where discharge is to an injection well, disinfection must meet the requirements for advanced secondary treatment standards.

Footnote 4. Performance-based treatment systems (PBTS) designed to meet Aerobic Treatment Unit (ATU) standards may be permitted where ATUs are required, for example by county or city ordinance. An ATU not permitted as a component of a PBTS must comply with Rule 62-6.012, F.A.C.

(12)Wastewater strength ‒ the sum of the CBOD5 and TSS concentrations.

History

• Rulemaking Authority 381.0011(4), (13), 381.0065(3)(a), 381.0065(4)(e) FS. Law Implemented 381.0065, 381.0067, 386.041 FS. History–New 2-3-98, Amended 3-22-00, 6-18-03, 11-26-06, Formerly 64E-6.025, Amended 6-21-22.

Fla. Admin. Code R. 62-6.026 Applications for Innovative System Permits and System Construction Permits

(1) Applications for innovative system permits – Applications for innovative system permits shall be made using form DEP 3143. The application and all supporting information shall be signed, dated and sealed by an engineer, licensed in the State of Florida. Except as provided for in subsection 62-6.028(3), F.A.C., alternative drainfield materials and designs shall not be approved which would result in a reduction in drainfield size using the mineral aggregate drainfield system as described in Rule 62-6.014, F.A.C., and the total surface area of soil at the bottom of the drainfield as the criteria for drainfield sizing comparisons. Applications shall include:

(a) A monitoring protocol designed to validate that the system will perform to the engineer’s design specifications.

(b) Compelling evidence that the system will function properly and reliably to meet the requirements of this chapter and Section 381.0065, F.S. Such compelling evidence shall include one or more of the following from a third-party testing organization approved through the NSF Environmental Technology Verification Program:

1. Side stream testing, where effluent is discharged into a system regulated pursuant to Chapter 403, F.S.

2. Testing of systems in other states with similar soils and climates.

3. Laboratory testing.

(2) Applications for system construction permits – All information required in Part I for an application for system construction permit shall be included as part of the application for a performance-based treatment system. Two copies of all information shall be dated, signed and sealed by the registered engineer who designed the system, and provided to the Department. Upon any change to the design, two copies of any revisions shall be provided to the Department. Additional information shall include the following:

(a) System design criteria, to include performance levels for the performance-based system and monitoring requirements and monitoring locations, and method of monitoring flow through the system. Performance levels shall be indicated in the design as secondary treatment standards, advanced secondary treatment standards, or advanced wastewater treatment standards, or baseline treatment.

(b) System design calculations for the performance-based system.

(c) System design plans and drawings for the performance-based treatment system, to include all components and method of installation to be used in construction. A detailed installation drawing shall be included. The site plan required in paragraph 62-6.004(3)(a), F.A.C., shall be drawn to scale.

(d) Where soil is used as part of the treatment system, a site plan showing the direction of groundwater movement, the locations of all effluent plume monitoring wells or devices, and the anticipated extent of the effluent plume.

(e) Contingency plan for effluent to be collected and disposed of, or treated, in the event of system failure.

(f) Certification of design. The design engineer shall certify the design of the system to meet all applicable performance standards. The certification shall be as follows: “I certify that the engineering features of this performance-based treatment system have been designed or specified by me and conform to engineering principles applicable to such projects. In my professional judgment, this system, when properly constructed, operated and maintained, will achieve the established performance standard and comply with all applicable statutes of the State of Florida and rules of the Department.”

(g) An operation and maintenance manual shall be prepared by the design engineer and provided as part of the original design.

(h) All changes to the engineering specifications shall be approved and certified by the design engineer. A copy of any changes shall be provided to the Department for review for compliance with performance-based system standards and approval or disapproval.

(i) All changes to the operation and maintenance manual shall be approved and certified by the design engineer. A copy of any changes shall be provided to the Department for review and approval or disapproval.

(j) A cover letter addressed to the Department stating that the applicant wishes to apply for a performance-based treatment system.

(3) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 381.0011(4), (13), 381.0065(3)(a) FS. Law Implemented 381.0065, 381.0067, Part I 386 FS. History–New 2-3-98, Amended 6-18-03, 11-26-06, 4-28-10, Formerly 64E-6.026.

Fla. Admin. Code R. 62-6.027 Permits and Inspections

(1) Innovative System Permit – An application for system construction permit for an innovative system cannot be reviewed until the innovative system permit has been approved specifying the number of systems and time limits. The Department’s decision to grant or deny the innovative system permit shall be based on the presence or absence of compelling evidence that the innovative systems will function properly and reliably to meet the requirements of this chapter and Section 381.0065, F.S.

(2) System Construction Permit. No portion of a performance-based treatment system shall be installed, repaired, altered, modified, abandoned or replaced until a construction permit has been issued on Form DEP 4016, herein adopted and incorporated by reference in subsection 62-6.003(1), F.A.C. If building construction has commenced, the system construction permit shall be valid for an additional 90 days beyond the eighteen month expiration date. A fee shall be charged for a repair permit issued within 12 months from the date of final authorization of the performance-based treatment system. If a construction or repair permit for a performance-based treatment system is transferred to another person, the date of the construction or repair permit shall not be amended, but shall run from the date of original issuance prior to the transfer. Servicing or replacing with like kind mechanical or electrical parts of a performance-based treatment system; pumping of septage from a system; or making minor structural corrections to a tank, or distribution box, does not constitute a repair, however, all services must be performed by the performance system maintenance entity. Any proposed change from the original design, including increasing or decreasing changes in flow rate, shall require that the system be re-engineered to achieve the desired performance standard under the altered conditions.

(3) Within 15 working days after the Department receives a completed application for a performance-based treatment system, the Department must either issue a permit for the system or shall notify the applicant that the system does not comply with the performance criteria, and refer the application to the Onsite Sewage Program, who shall review the application for a determination whether the system should be approved, disapproved, or approved with modifications. The determination of the engineer for the Onsite Sewage Program shall prevail over the action of the local county health department. All applications for a construction permit for an innovative system shall be reviewed for completeness by the Department and referred to the Onsite Sewage Program for review and approval, disapproval or approval with modifications.

(4) The applicant shall be notified of the Department’s determination. If the permit is denied, the applicant shall be notified of their right to pursue a variance or seek review under the provisions of Chapter 120, F.S.

(5) Construction inspection. Construction inspections of a performance-based treatment system must comply with the requirements of subsections 62-6.003(2) and (3), F.A.C., with the following additional requirements:

(a) Prior to or concurrent with the last construction inspection by the Department or a private provider inspector, the professional engineer who designed the system, or the design engineer’s designee, shall inspect the entire installation and the engineer shall certify in writing that the installed system complies with the approved design and installation requirements. This certification shall read as follows: “I certify that the engineering features of this performance-based treatment system as installed have been examined by me and found to comply with all specifications contained in the engineering design that was the basis for issuance of the construction permit. I certify that the required components are installed for the system to function as permitted and designed. I certify that the operation and maintenance manual for this performance-based treatment system has been prepared or examined by me or by an individual(s) under my direct supervision and that there is reasonable assurance, in my professional judgment, that the system, when properly operated and maintained in accordance with this manual, will achieve the established performance standard and comply with all applicable statutory requirements and rules of the Department.”

(b) The design engineer must provide a signed, sealed, and dated detailed installation drawing, to depict the installation as built, to the Department prior to final installation approval.

(c) In addition to the requirements of paragraph 62-6.003(2)(b), F.A.C., the Department or private provider inspector performing a construction inspection must also notify the design engineer of inspection results.

(d) Final installation approval will not be issued until the Department has confirmed:

1. Receipt of the engineer’s certification as required in paragraph 62-6.027(5)(a), F.A.C., and the as-built drawing as required in paragraph 62-6.027(5)(b), F.A.C., indicating that all requirements for installation of the performance-based treatment system have been completed in compliance with the system construction permit,

2. Other system construction requirements, as reviewed during a construction inspection, are in compliance with the permit, and the plans and specifications provided with the permit application, including building construction and lot grading,

3. The system maintenance entity has been identified to the Department, and

4. That the property owner has executed and recorded in the public property records at the county courthouse, a written notice that informs all subsequent property owners of the use of the performance-based treatment system, and of the requirement for the system to be maintained, in perpetuity, in compliance with all lawful requirements.

(e) Issuance of a final installation approval does not imply that a system will perform satisfactorily for a specific period of time.

(6) Operating permits – No residence or establishment served by a performance-based treatment system shall be occupied until Form DEP 4081, “Application for Onsite Sewage Treatment and Disposal System Operating Permit” has been received and approved by the Department. Where a performance-based treatment system is used, only one operating permit shall be required for the system.

(a) Maintenance entities contracting to service performance-based treatment systems shall obtain a biennial operating permit from the Department for the system. Persons operating a performance-based treatment system shall permit Department personnel right of entry to the property during normal working hours to allow for effluent sampling or evaluating the general state of repair or function of the system.

(b) The permit shall designate the performance system maintenance entity responsible for the operation and maintenance of the system. At a minimum, the performance system maintenance entity responsible for maintenance of the system shall test, or cause to be tested, the performance-based treatment system in accordance with Part IV of this rule. The frequency of testing shall be specified on the biennial operating permit. The operating permit shall also specify the observation interval to assess the operation of the system without taking monitoring samples.

(c) Systems and the structures which they serve shall be inspected by the Department at least once annually during the term of the biennial operating permit to determine compliance with the terms of the operating permit.

(d) A copy of the signed maintenance agreement between the property owner or property lessee and an engineer-designed performance-based system maintenance entity shall be provided to the Department by the maintenance entity. The maintenance agreement shall:

1. Initially be for a period of at least 2 years and subsequent maintenance agreement renewals shall be for at least 1 year periods for the life of the system.

2. Provide that a maintenance entity which desires to discontinue the provision of maintenance services, notify in writing, the property owners and lessees and the Department at least 60 days prior to discontinuance of service.

3. Provide that, if a private maintenance entity discontinues business, property owners who have previously contracted with the discontinued maintenance service shall, within 60 days of the service termination date, contract with an approved maintenance service and provide the Department a copy of the newly signed maintenance agreement.

4. Provide that each performance-based treatment system is inspected by an engineer-designed performance-based system maintenance entity at least two times each year. The maintenance entity shall furnish to the Department a listing of all performance-based treatment systems inspected or serviced during the respective reporting period. As a minimum, reports shall indicate the system owner or building lessee, the street address of the system, the date of system inspection or service and a statement as to the maintenance or service performed. The maintenance entity shall also include a list of the owners who have refused to renew their maintenance agreement.

(e) No performance-based treatment system shall be serviced or repaired by a person or entity engaged in a performance-based treatment system maintenance service until the service entity has obtained an annual written permit issued on Form DEP 4013 from the Department in the county where the service company is located. Each service entity shall employ at least one plumbing contractor licensed under Section 489.105(3)(m), F.S., septic tank contractor registered under Part III of Chapter 489, F.S., or a state-licensed wastewater treatment plant operator, who is responsible for maintenance and repair of all systems under contract. Application for a Maintenance Service Permit, Form DEP 4066, shall be made to the Department and shall contain the following information:

1. Evidence that the maintenance entity possesses a manufacturer’s maintenance and operations manual and has received training from the manufacturer in proper installation and service of the performance-based treatment system components and has received written approval from the components’ manufacturers to perform service on their components. The manual shall contain detailed instructions on proper operation and maintenance procedures, a replacement parts list for all components being installed and maintained, a statement giving the capabilities of each system, instructions on how to detect a malfunctioning system and what to expect from a properly functioning system.

2. A signed statement from the applicant attesting that the applicant has adequate staff, possesses proper equipment and has sufficient spare structural and mechanical parts and components to perform routine system monitoring and servicing and is able to make a service response within 36 hours after notification of the need for emergency repairs.

3. Payment of $25.00 to the Department per annum for the performance-based treatment system maintenance service permit.

(7) All materials incorporated herein may be obtained from the Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 381.0065(3)(a), 381.0065(3)(c), 381.0065(8)(h) FS. Law Implemented 381.0065, Part I 386 FS. History–New 2-3-98, Amended 4-21-02, 6-18-03, 6-25-09, 4-28-10, Formerly 64E-6.027, Amended 8-27-24, 7-9-25.

Fla. Admin. Code R. 62-6.028 Location and Installation

Performance-based treatment systems shall be installed in compliance with the following.

(1) Systems shall receive the following setbacks to the listed feature. If no setback is specified for a specific feature, Part I requirements shall apply unless the performance-based treatment system is located in the Florida Keys. If located in the Florida Keys, Part II shall be used for all setbacks.

(a) Secondary Treatment Standards. The system shall be a minimum of 65 feet from any surface water bodies or wet retention or detention area if the lot was platted on or after January 1, 1972.

(b) Advanced Secondary Treatment Standards.

1. Surface water bodies: The system shall be a minimum of 50 feet from any surface water bodies or wet retention or detention area if the lot was platted on or after January 1, 1972.

2. Groundwater interceptor drain: 10 feet.

3. Dry retention area and swales: 10 feet.

4. Where a performance-based treatment system is placed adjacent to Class II waters, setbacks that are applied to secondary treatment levels shall be applicable. Alternatively, where the fecal coliform complies with the following levels, reduced setbacks in subparagraphs 62-6.028(1)(b)1. through 3., F.A.C., above, shall be allowed.

a. System operation shall result in not more than 14 fecal coliform colonies per 100 ml of effluent sample. Where chlorine is used for disinfection, the design shall include provisions for rapid and uniform mixing and a total chlorine residual of at least 1.0 mg/l shall be maintained after at least 15 minutes contact time at the peak hourly flow. To determine compliance of a system, the following operational criteria (using either MF or MPN methods) are applicable.

b. The arithmetic mean of the fecal coliform colonies collected during the annual period shall not exceed 14 per 100 ml of effluent.

c. The median value of the fecal coliform colonies for a minimum number of 10 samples of effluent, each collected on a separate day during a period of 30 days (monthly) shall not exceed 14 per 100 ml of sample.

d. No more than 10% of the samples collected during the period of 30 consecutive days shall exceed 43 fecal coliform colonies per 100 ml of sample.

e. Any one sample shall not exceed 86 fecal coliform colonies per 100 ml of sample.

(c) Advanced Wastewater Treatment Standards.

1. Surface water bodies: The drainfield shall be a minimum of 25ꞌ feet from any surface water bodies or wet retention or detention area. The treatment unit or process containers shall be a minimum of 50ꞌ feet from any surface water bodies or wet retention or detention area.

2. Groundwater interceptor drain: 10ꞌ feet.

3. Dry retention area and swales: 10ꞌ feet.

4. Seasonal high water table to bottom of drainfield: 12ꞌꞌ inches.

(2) Systems designed to meet secondary treatment standards shall be allowed to exceed their authorized lot sewage flow allowances by up to 25%. Systems designed to meet advanced secondary treatment standards shall be allowed to exceed their authorized lot sewage flow allowances by up to 50%. Systems designed to meet advanced wastewater treatment standards shall be allowed to exceed their authorized lot sewage flow allowance by up to 100%. For example, if authorized lot flow is 200 gallons per day, a total of 300 gallons per day lot flow will be allowed for systems designed to meet advanced secondary treatment standards.

(3) Hydraulic surge storage – the design shall protect the residence from backflow into the treatment tank. For gravity and pumped systems, the following shall apply:

(a) For aggregate systems, the porosity shall be calculated at 33%.

(b) The effective storage volume of the drainfield shall be equal to or greater than 1.5 times the design daily flow.

(c) The total storage volume of the drainfield shall be equal to or greater than 1.8 times the design daily flow.

(4) Infiltrative surface area reductions shall be allowed for systems designed to reduce the wastewater strength of the effluent where the drainfield is sized based on slightly limited soils. The baseline system shall be used for comparison with a typical average CBOD5 of 140 mg/l and TSS of 105 mg/l. The maximum reduction in infiltrative surface area shall not exceed the following standards.

(a) Secondary treatment standards: 25% reduction.

(b) Advanced secondary treatment standards: 40%.

(c) Advanced wastewater treatment standards: 40%.

History

• Rulemaking Authority 381.0065(3)(a) FS. Law Implemented 381.0065, 386.041 FS. History–New 2-3-98, Amended 3-22-00, 6-25-09, 7-16-13, Formerly 64E-6.028.

Fla. Admin. Code R. 62-6.029 Monitoring

Monitoring requirements – All performance-based treatment systems shall be monitored in compliance with the requirements in this section. If soil is considered part of the treatment system in any performance-based standard, monitoring points in the effluent plume within the boundaries of the property must be in compliance with the minimum criteria for total nitrogen, total phosphorous and fecal coliform.

(1) Advanced wastewater treatment systems.

(a) A maintenance report shall be kept by the performance system maintenance entity. A copy of all maintenance reports shall be provided to the Department on monthly intervals, to begin one month after system operation has started. After the first six reports are provided to the Department, reports shall be provided once every three months. All reports must be legible. The report shall include the following information:

1. Address of performance-based treatment system.

2. Date and time of inspection.

3. Sample collection time and date, and person who collected sample.

4. Results of all sampling.

5. Volume of effluent treated, to include total monthly and daily average.

6. Maintenance performed.

7. Problems noted with performance-based treatment system and actions taken or proposed to overcome them.

8. During the first six months of system operation, or after the system has failed, systems shall be monitored a minimum of once every two weeks. Monitoring shall include sampling for CBOD5, TSS, TN, TP and fecal coliform. Monitoring shall occur at the time the system is expected to be at capacity, or as close to capacity as possible. Re-sampling within 48 hours of receipt of laboratory results shall be allowed on all samples that exceed design parameters in order to evaluate the validity of the original sample results. If the re-sample is in compliance with the appropriate performance-based standard, the original result shall be disregarded. Laboratories must be approved by the Department for all analyses performed. All results shall be certified by the laboratory.

a. If any two consecutive samples exceed design treatment standards by more than 100%, the system design and operation shall be inspected by the design engineer for conformance with permitting requirements, and shall be adjusted to bring the effluent quality into compliance with permitting requirements. Monitoring shall be increased to once per week, or more if the design engineer specifies such, until such time the violation is corrected. When two consecutive samples are within 100% of the design parameters, monitoring shall be reduced to once every two weeks. For example, if the design parameter is 10 mg/l CBOD5, a reading of 20 mg/l CBOD5 exceeds the standard by 100%.

b. After a six month period of compliance with all applicable performance standards, sampling shall be performed quarterly.

c. When an applicant installs a system designed to meet advanced wastewater treatment standards, the monitoring frequency shall be reduced by 50% if only one of the following three location and installation requirements is used and the other two remain at the standards required of prescriptive systems. The three requirements are:

(I) Setbacks required in paragraphs 62-6.028(1)(a)-(c), F.A.C.

(II) Seasonal high water table subparagraph 62-6.028(1)(c)4., F.A.C.

(III) Authorized lot flow subsection 62-6.028(2), F.A.C.

(b) When four consecutive once every two week samples from a system are at or below the applicable standard, sampling frequency shall be reduced to quarterly.

(c) When eight consecutive quarterly samples from a system are below the applicable standard, sampling frequency shall be reduced to once every six months.

(d) All reports of operating permit violations shall be reported to the Department within five working days.

(e) If the system cannot be brought into compliance with design parameters, the contingency plan must be enforced.

(f) All failures of the performance-based treatment system shall be reported to the Department by the maintenance entity within one working day from discovery of failure. The testing laboratory shall mail copies of all results to the Department.

(g) Testing performed during periods of system non-use that exceed one week, shall not qualify as legitimate samples for purposes of compliance with any provisions of this rule.

(2) Secondary treatment systems and advanced secondary treatment systems.

(a) A maintenance report shall be kept by the performance system maintenance entity. A copy of all maintenance reports shall be provided to the Department on quarterly intervals. All reports must be legible. The report shall include the items required in subparagraphs 62-6.029(1)(a)1., 2., 5., 6. and 7., F.A.C., in addition to the following information:

1. Ponding depth observed through drainfield observation ports or, when the drainfield design prevents direct measurement of ponding depth, CBOD5 and TSS results for samples collected at a point prior to the discharge to the drainfield.

2. If system performance is necessitated by setback reductions or lot flow allowances:

a. Sampling results for Fecal Coliform from Secondary Treatment Systems.

b. Sampling results for Nitrogen, Phosphorous and Fecal Coliform from Advanced Secondary Treatment Systems.

c. Collection time and date of all samples.

d. Name of the person who collected samples.

(b) All reports of operating permit violations shall be reported to the Department within five working days.

(c) If the system cannot be brought into compliance with design parameters, the contingency plan must be implemented by the system owner.

(d) All failures of the performance-based treatment system shall be reported to the Department by the maintenance entity within one working day from discovery of failure. The testing laboratory shall mail copies of all results to the Department.

(3) Florida Keys nutrient reduction treatment systems shall be monitored and sampled in accordance with Part II of this chapter.

(4) All systems with drainfields designed under subsections 62-6.028(3)-(5), F.A.C., shall be monitored via placing a minimum of two observation ports in the drainfield. Monitoring will consist of recording depth of effluent ponding in the drainfield in at least two places on a quarterly basis.

(5) If soil is considered part of the treatment system in any performance-based standard, two monitoring points in the effluent plume within the boundaries of the property must be in compliance with the performance level specified by the design engineer.

(6) Any performance-based treatment system that is out of compliance with the terms of the operating permit shall be re-engineered by an engineer registered in the State of Florida. The system shall be brought into compliance with treatment standards required at the time of system permitting.

(7) Innovative systems shall be monitored in accordance with the design engineer’s protocol submitted with the application as approved by the Department. All monitoring and sampling shall be performed at the expense of the applicant. At a minimum, the monitoring protocol shall:

(a) Determine if baseline standards are being met.

(b) Address the monitoring for any contaminant being reduced.

(c) Address the monitoring of any site condition being modified.

(8) The following shall be considered as violations of the performance-based treatment system operating permit:

(a) The failure to maintain equipment in a condition which will enable the intended function.

(b) The submission, by the owner, manager or maintenance entity of a performance-based treatment system, or agent or employee thereof, of misleading, false, or inaccurate information or operational reports to the Department, either knowingly or through neglect.

(c) The submission of fraudulent data produced with an intention to deceive including the following:

1. Apparent measurement results for which no measurement or test results were actually made as determined by the absence of the supporting records which are usually made.

2. Measurements or test results obtained by deliberately and knowingly making measurements or collecting samples at places and times other than as specified in this chapter.

3. Test results obtained through use of unapproved and erroneous sampling, preservation, storage, or analysis procedures.

4. Computational errors, misunderstandings of required procedures and other common errors are excluded.

History

• Rulemaking Authority 381.0011(13), 381.006, 381.0065(3)(a) FS. Law Implemented 381.0065, 381.0067, 386.041 FS. History–New 2-3-98, Amended 3-22-00, 6-18-03, Formerly 64E-6.029.

Fla. Admin. Code R. 62-6.0295 Innovative System Reclassification

(1) Following the installation and monitoring of the number of systems allowed by the innovative system permit, the applicant may request reclassification of their innovative system by the Onsite Sewage Program. Requests for reclassification as an alternative system component and design shall be made in accordance with subsection 62-6.009(7), F.A.C. Requests for reclassification as a performance-based treatment system shall include the following:

(a) Results and analysis of monitoring of the systems installed.

(b) Observations of system performance.

(c) Maintenance, repairs or modifications performed on any systems.

(d) Comments from the system operators or users.

(e) Comments from the design engineers who designed the individual system designs.

(f) Comments from the Department in the counties where the systems were installed.

(g) Specification of the proposed classification as performance-based.

(h) Rationale for the proposed type of classification desired.

(i) Proposed monitoring protocol.

(j) A sample manual addressing the siting, design, installation, inspection, operation, maintenance and abandonment procedures.

(2) The Onsite Sewage Program shall process the request in accordance with Chapter 120, F.S. The Department shall approve the request only if the Department is satisfied that the system will reliably perform to the standards desired under normal operating conditions as demonstrated by the information provided.

Part V

Fees for Services

History

• Rulemaking Authority 381.0011(13), 381.006, 381.0065(3)(a) FS. Law Implemented 381.0065, 381.0067, 386.041 FS. History–New 6-18-03, Formerly 64E-6.0295.

Fla. Admin. Code R. 62-6.030 Fees

(1) The following fees are required for services provided by the Department.

(a) Application and plan review for system construction permit for new system.

$100.00

(b) Application and approval for existing system, if system inspection is not required.

$35.00

(c) Application and Existing System and System Repair Evaluation.

$50.00

(d) Application for permitting of a new performance-based treatment system.

$125.00

(e) Site evaluation.

$115.00

(f) Site re-evaluation.

$50.00

(g) Permit or permit application amendment for new system, modification, or repair to system.

$55.00

(h) Research/Training surcharge, new and repair permits.

$5.00

(i) Initial system inspection.

$75.00

(j) System reinspection (stabilization, non-compliance or other inspection after the initial inspection).

$50.00

(k) Application for system abandonment permit, includes permit issuance and inspection, or review of the first inspection report by a private provider inspector.

$50.00

(l) Annual operating permit industrial/manufacturing zoning or commercial sewage waste.

$150.00

(m) Biennial operating permit for aerobic treatment unit or performance-based treatment system.

$100.00

(n) Amendment to operating permit.

$50.00

(o) Tank Manufacturer’s Inspection per annum.

$100.00

(p) Septage Disposal Service permit per annum.

$75.00

(q) Portable or Temporary Toilet Service permit per annum.

$75.00

(r) Additional charge per pumpout vehicle, septage disposal service or portable toilet service.

$35.00

(s) Septage stabilization facility inspection fee per annum per facility.

$150.00

(t) Septage disposal site evaluation fee per annum.

$200.00

(u) Aerobic treatment unit maintenance entity permit per annum.

$25.00

(v) Variance Application for a single family residence per each lot or building site.

$200.00

(w) Variance Application for a multi-family or commercial building per each building site.

$300.00

(x) Application for innovative product approval.

$2,500.00

(y) Review of each private provider inspector’s construction approval inspection report.

$35.00

(2) The following fees are required to accompany applications for registration of individuals for septic tank contractor or master septic tank contractor, for a certificate of authorization for partnerships and corporations, or for private provider inspectors and site evaluators, as specified.

(a) Account creation.

$25.00

(b) Contractor examination or reexamination.

$75.00

(c) Application review for contractor registration and renewal.

$100.00

(d) Certificate of authorization each two-year period.

$250.00

(e) Accelerated certification training course examination or reexamination, Part I.

$50.00

(f) Accelerated certification training course examination or reexamination, Part II.

$50.00

(g) Accelerated certification training course examination or reexamination, Part III.

$50.00

(3) The following fees are required to accompany applications for registration as a course provider or for approval of a continuing education course for septic tank contractor continuing education, as specified.

(a) Course provider application fee.

$250.00

(b) Continuing education course approval: per classroom contact hour up to 6 classroom contact hours.

$25.00 per hour

(c) Continuing education course approval: for course more than 6 classroom contact hours.

$150.00

History

• Rulemaking Authority 381.0065(3)(c), 381.0065(8)(h), 381.0066, 489.554, 489.557 FS. Law Implemented 381.0064, 381.0065, 381.0066, 489.557 FS. History–New 2-3-98, Amended 3-22-00, 4-21-02, 5-24-04, 11-26-06, 9-24-07, Formerly 64E-6.030, Amended 7-9-25, 6-8-26.

Chapter 62-8 AD VALOREM TAX ASSESSMENT RULES - GUIDELINES FOR TAX ASSESSORS

Fla. Admin. Code R. 62-8.001 Intent

History

• Rulemaking Authority 193.621(6) FS. Law Implemented 403.021(7), 193.621 FS. History–Formerly 28-8.01, 17-8.01, 17-8.001, Repealed 11-26-15.

Fla. Admin. Code R. 62-8.020 Definitions

In construing this chapter, the words, phrases or terms shall have the following meaning:

(1) “Used primarily” – that the use of a facility in the control or abatement of pollution or contaminants which outweighs its use for any other purpose;

(2) “Salvage value” – the estimated fair market value, if any, which may be realized upon the sale or other disposition of a pollution control facility when it can no longer be used for the purpose for which it was designed;

(3) “Pollution control facilities” – devices, fixtures or machinery which are used to remove, decrease, stop or mitigate, by physical or chemical action, pollutants or contaminants which are a part or entirely of liquid, solid or gases released to the ambient air and water.

History

• Rulemaking Authority 193.621(6) FS. Law Implemented 403.021(7), 193.621 FS. History–Formerly 28-8.02, 17-8.02, 17-8.020.

Fla. Admin. Code R. 62-8.030 Request for Assistance

(1) The several tax assessors may, prior to assessing pollution control facilities or devices for ad valorem taxes, request the Florida Department of Environmental Protection to evaluate applications and advise the assessor as to the validity of the request for an assessment under the provisions of section 193.621, F.S.

(2) Prior to approving an assessment for ad valorem taxes under the provisions of section 193.621, F.S., a tax assessor should require the applicant to submit with his applications a detailed list of pollution control devices being utilized by a facility; the cost of these devices; the function of the facility as it relates to pollution control and production. This information should be certified as being correct by a professional engineer registered in the State of Florida.

History

• Rulemaking Authority 193.621(6) FS. Law Implemented 403.021(7), 193.621 FS. History–Formerly 28-8.03, 17-8.03, 17-8.030.

Fla. Admin. Code R. 62-8.040 Procedures

In considering an assessment for ad valorem taxes under section 193.621, F.S., the tax assessor may utilize the following guidelines in determining whether the facilities claimed are used primarily for pollution control purposes and subject to assessment under chapter 193, F.S.:

(1) If the person owning or responsible for operation of the facility secured approval of such equipment prior to its installation, in accordance with the rules and regulations of the Board.

(2) Upon written request by a tax assessor, the Department of Environmental Protection will determine the applicable use of a facility with respect to section 193.621(1), F.S. For this purpose the applicant must submit to the assessor, for submission to the Department, the following information prepared by a professional engineer registered in the State of Florida:

(a) Plans and specifications and related documents describing the equipment alleged to be used for pollution control. Plans or other information relative to the process which is controlled, adequate in scope to validate the claim for the proposed control equipment.

(b) A list of pollution control equipment which the applicant declares subject to assessment under chapter 193, F.S., certified as to its true primary use by the engineer. The assessor may require on the equipment list the salvage value of each item.

(3) Prior to demolition and reconstruction of a plant or installation the owner should have such demolition and reconstruction approved by the Department as necessary for the control of industrial contaminants in order to comply with phrase “in the necessary control of industrial contaminants.” Such approval will be given by the Department only after review of information relative to the specific plant submitted by a professional engineer registered in the State of Florida. Such information shall be adequate in scope to determine the necessity for demolition in the control of contaminants, and shall include plans and specifications for the reconstruction. The Department of Environmental Protection will provide advice and consultation to the several tax assessors upon request concerning the phrases “increase the capacity of efficiency” and “decrease the unit cost of production.”

History

• Rulemaking Authority 193.621(6) FS. Law Implemented 403.021(7), 193.621 FS. History–Formerly 28-8.04, 17-8.04, 17-8.040.

Chapter 62-11 AQUATIC ANIMAL DAMAGE VALUATION

Fla. Admin. Code R. 62-11.001 Aquatic Animal Damage Valuation

In assessing damages for aquatic animals killed, the value of the aquatic animals is to be determined by adding the replacement, recreational and commercial values if these are listed separately in accordance with the following table of values:

(1) Marine Species.

COMMON NAME

SCIENTIFIC NAME

VALUES ($)

Amberjack (Greater)

Seriola dumerili

10.10 each

Anchovies

Engraulidae

0.20 each

Angelfish

Chaetodontidae

67.20 each

Butterflyfish

Chaetodontidae

67.20 each

Ballyhoo

Hemiramphus brasiliensis

0.85 each

Barracuda

Sphyraena barracuda

10.10 each

Beaugregory

Pomacentrus leucostictus 3.40 each

Bluefish

Pomatomus saltatrix

16.80 each

Bonefish

Albula vulpes

100.00 each

Bonito

Sarda sarda 10.10 each

Catfish

Gafftopsail

Bagre marinus

10.10 each

Sea

Arius felis 0.85 each

Cobia

Rachycentron canadum

33.60 each

Croaker (Atlantic)

Micropogon undulatus

10.10 each

Dolphin

Coryphaena hippurus

23.50 each

Drum (Black)

Pogonius cromis

10.10 each

Flounder (Southern)

Paralichthys lethostigma

16.80 each

Grouper

Black

Mycteroperca bonaci

16.80 each

Coney

Cephalopholis fulva

16.80 each

Gag

Mycteroperca microlepis

16.80 each

Jewfish

Epinephelus itajara

84.00 each

Nassau

Epinephelus straitus 16.80 each

Red

Epinephelus morio

16.80 each

Rock hind

Epinephelus adscensionis

16.80 each

Scamp

Mycteroperca phenax

33.60 each

Warsaw

Epinephelus nigritus

33.60 each

Yellowfin

Mycteroperca venenosa

16.80 each

Grunt

Black margate

Anisotremus surinamensis

3.50 each

Bluestriped

Haemulon sciurus

3.35 each

French

Haemulon flavolineatum

3.35 each

Gray, Sailors choice

Haemulon parrai

3.35 each

Margate

Haemulon album

3.35 each

Pigfish, Perch

Orthopristis chrysoptera

3.35 each

Porkfish

Anisotremus virginicus

3.35 each

White

Haemulon plumieri

3.35 each

Herring (Atlantic thread)

Opisthonema oglinum

0.20 each

Jack

African pompano

Alectis cranitus

33.60 each

Bar

Caranx ruber

10.10 each

Crevalle

Caranx hippos

10.10 each

Horse-eye

Caranx latus

10.10 each

Ladyfish

Elops saurus

10.10 each

Lookdown

Selene vomer

10.10 each

Mackerel

Cero Scomberomorus regalis

16.80 each

King (Kingfish)

Scomberomorus cavalla

33.60 each

Spanish

Scomberomorus maculatus

16.80 each

Marlin

Blue Makaira nigricans

672.00 each

White

Tetrapturus albidus

672.00 each

Menhaden

Brevoortia sp.

0.20 each

Mojarra

Gerreidae

3.35 each

Moonfish (Atlantic)

Vomer setapinnis

10.10 each

Mullet

Black, Striped

Mugil cephalus

6.70 each

Silver, White

Mugil curema

6.70 each

Parrotfish

Scaridae

16.80 each

Permit

Trachinotus falcatus

50.40 each

Pinfish

Lagodon rhomboides

0.85 each

Pompano

Trachinotus carolinus

33.60 each

Puffer, Blowfish

Sphoeroides nephelus

3.35 each

Redfish, Channel bass

Sciaenops ocellata

33.60 each

Sailfish

Istiophorus platypterus

672.00 each

Sardine

Harengula sp.

0.20 each

Sergeant major

Abudefduf saxatilis

3.35 each

Shad

Alewife

Alosa pseudoharengus

1.00 each

American

Alosa sapidissima

23.50 each

Sheepshead

Archosargus probatocephalus

16.80 each

Silver perch

Bairdiella chrysura

0.85 each

Snapper

Dog

Lutjanus jocu

16.80 each

Gray, Mangrove

Lutjanus griseus

16.80 each

Lane

Lutjanus synagris

16.80 each

Mutton

Lutjanus analis

33.60 each

Red

Lutjanus campechanus

50.40 each

Schoolmaster

Lutjanus apodus

16.80 each

Vermilion

Rhomboplites aurorubens

23.50 each

Yellowtail

Ocyurus chrysurus

16.80 each

Snook

Centropomidae

100.00 each

Spadefish

Chaetodipterus faber

10.10 each

Spot

Leiostomus xanthurus

10.10 each

Sturgeon (except Shortnose)

Acipenseridae (except Acipenser brevirostrum

168.00 lb.

Tarpon

Megalops atlantica

168.00 each

Tang (Blue)

Acanthurus coeruleus

16.80 each

Tilefish

Lopholatilus chamaeleonticeps

33.60 each

Triggerfish, Filefish

Balistidae

3.35 each

Tripletail

Lobotes surinamensis

10.10 each

Trout (Sea)

Gray, Weakfish

Cynoscion regalis

10.10 each

Silver

Cynoscion nothus

10.10 each

Spotted

Cynoscion nebulosus

23.50 each

Tuna

Albacore

Thunnus alalunga

16.80 each

Bigeye

Thunnus abesus

16.80 each

Blackfin

Thunnus atlanticus

16.80 each

Yellowfin

Thunnus albacares

84.00 each

Wahoo

Acanthocybium solanderi

84.00 each

Whiting

Menticirrhus sp.

10.10 each

ALL FISH NOT SPECIFIED.

.34 each

EXCEPT ENDANGERED OR THREATENED SPECIES

(2) Fresh Water Species.

COMMON NAME

SCIENTIFIC NAME

SIZE

REPLACEMENT

VALUE ( $ )

RECREATIONAL

VALUE ( $ )

COMMERCIAL VALUE ($)

Bait Fish (except Blackmouth Shiner)

Cyprinidae (except Notropis melanostomus)

ALL

.10 each

–

Cyprinodontidae

ALL

–

Engraulidae

ALL

.10 each

–

Poeciliidae

ALL

.10 each

–

Umbridae

ALL

.10 each

–

Bass

.10 each

–

Shoal

Micropterus sp.

6"

–

6"–10"

1.68 each

–

–

10" but 3 lb.

5.88 each

–

–

3 lb.

8.40 lb.

13.79 each

–

Largemouth

Micropterus

6"

34.00 lb.

11.80 lb.

–

salmoides

1.68 each

–

–

6"–10"

5.88 each

–

–

10" but 8 lb.

8.40 each

13.79 each

–

8 lb, 10 lb.

33.60 lb.

23.64 lb.

–

10 lb

42.00 lb.

189.09 lb.

–

Redeye

Micropterus coosae

6"

1.68 each

–

–

6"–10"

5.88 each

–

–

10" but 3 lb.

8.40 lb.

13.79 each

–

3 lb.

34.00 lb.

11.80 lb.

–

Shadow

Ambloplites ariommus

6"

1.01 each

–

6"–9"

3.50 each

–

9" but 3 lb.

8.40 lb.

3.81 each

–

2 lb.

16.80 lb.

8.60 lb.

–

Spotted

Micropterus

0–6"

1.68 each

–

punctulatus

5.88 each

–

6.1–10"

8.40 lb.

13.79 each

–

Over 10"

34.00 lb.

11.80 lb.

–

Over 3 lb.

2.80 each

–

–

Striped

Morone saxatilis

0–6"

5.77 each

–

–

6.1–10"

11.89 lb.

3.81 each

–

10.1–13"

17.80 lb.

3.81 each

–

Over 13"

33.60 lb.

3.80 lb.

–

Over 6 lb.

50.40 lb.

9.60 lb.

–

Over 9.9 lb.

1.13 each

–

–

Sunshine Bass

Morone saxatillis x

0-6"

2.20 each

–

–

(Hybrid)

M. chrysops

5.37 each

7.33 each

–

6.1-10"

8.10 lb.

7.33 each

–

10.1-13"

24.20 lb.

7.20 each

–

Over 13"

1.13 each

–

–

Over 6 lb.

2.20 each

–

–

Palmetto Bass

Morone chrysops x

0-6"

5.37 each

7.33 each

–

(Hybrid)

Morone saxatilis

8.10 lb.

7.33 each

–

6.1-10"

24.20 lb.

7.20 lb.

–

10.1-13"

1.68 each

–

–

Over 13"

5.88 each

–

–

Over 6 lb.

8.40 lb.

13.79 each

–

Suwannee

Micropterus notius

0-6"

34.00 lb.

11.80 each

–

6.1-10"

1.01 each

–

–

Over 10"

3.50 each

–

–

Over 3 lb.

8.40 lb.

3.81 each

–

White

Morone chrysops

0-6"

16.80 lb.

8.60 lb.

–

6.1-9"

.10 each

–

–

Over 9"

.34 each

4.69 each

–

Over 2 lb.

.84 lb.

4.69 each

–

Bowfin, Mudfish

Amia calva

0-6"

–

6.1-13"

.34 each

–

–

Over 13"

1.18 each

6.09 each

.51 lb.

Bullhead

1.30 lb.

6.09 each

.51 lb.

Black

Ameiurus melas

0-6"

.34 each

–

–

6.1-12"

1.18 each

6.09 each

.51 lb.

Over 12"

1.30 lb.

6.09 each

.51 lb.

Brown, Speckled

Ameiurus nebulosus

0-6"

.34 each

–

–

6.1-12"

1.18 each

6.09 each

.51 lb.

Over 12"

1.30 lb.

6.09 each

.51 lb.

Yellow (Cat)

Ameiurus natalis

0-6"

.34 each

–

–

6.1-12"

1.18 each

6.09 each

.51 lb.

Over 12"

1.30 lb.

6.09 each

.51 lb.

Spotted

Ameiurus serracanthus

0-6"

.34 each

–

–

6.1-12"

1.18 each

6.09 each

.51 lb.

Over 12"

1.30 lb.

6.09 each

.51 lb.

Carp

Cyprinus carpio

0-6"

.84 each

–

–

Over 6"

1.68 each

4.69 each

.11 lb.

Grass

Ctenopharyngodon idella

0-12"

4.00 each

–

–

12.1-20"

5.25 each

–

–

Over 20"

4.80 lb.

–

–

Over 10 lb.

9.50 lb.

–

–

Catfish

Channel

Ictalurus punctatus

0-7"

.34 each

–

–

7.1-14"

1.68 each

6.09 each

.51 lb.

Over 14"

3.40 lb.

6.09 each

.51 lb.

Blue

Ictalurus furcatus

0-7"

.34 each

–

–

7.1-14"

1.68 each

6.09 each

.51 lb.

Over 14"

3.40 lb.

6.09 each

.51 lb.

Flathead

Pylodictis olivaris

0-7"

.34 each

–

–

7.1-14"

1.68 each

6.09 each

.51 lb.

Over 14"

3.40 lb.

6.09 each

.51 lb.

White

Ameiurus catus

0-7"

.34 each

–

–

7.1-14"

1.68 each

6.09 each

.51 lb.

Over 14"

3.40 lb.

6.09 each

.51 lb.

Darter (except Okaloosa and Crystal)

Percidae (except Etheostoma Okloosae and Ammocrypta asprella)

ALL

.34 each

–

–

Eel (American)

Anguilla rostrata

ALL

.84 each

–

2.6 lb.

Gar

Lepisosteidae

–

–

–

–

Alligator Gar

Lepisosteus spatula

0-6"

.84 lb.

–

–

Over 6"

.6.70 lb.

4.69 each

–

Florida Spotted Gar

Lepisosteus platyrhincus

0-6"

.10 ach

–

–

6.1-13"

.34 each

4.69 each

–

Over 13"

.84 each

4.69 each

–

Longnose Gar

Lepisosteus osseus

0-8"

.17 each

–

1.00 each

8.1-16"

.50 each

4.69 each

.99 lb.

Over 16"

.84 each

4.69 each

.99 lb.

Golden Shiner

Notemigonus crysoleucas

ALL

.10 each

–

1.00 lb.

Madtoms

Ictaluridae

ALL

.34 each

–

–

Oscar

Astronotus ocellatus

0-6"

.84 each

–

–

Over 6"

1.68 each

2.35 each

–

Peacock Bass

Cichla sp.

0-6"

2.02 each

–

–

6.1-10"

7.06 each

5.52 each

–

Over 10"

10.10 each

5.52 each

–

Over 8.0 lb.

40.30 each

26.60 lb.

–

Pickerel

Chain, Jack fish

Esox niger

0-7"

.84 each

–

–

7.1-14"

3.36 each

4.69 each

–

Over 14"

11.8 lb.

4.69 each

–

Over 4 lb.

16.8 lb.

4.69 each

–

Redfin

Esox americanus

0-7"

.84 each

–

–

Over 7"

3.36 each

4.69 each

–

Pirate perch

Aphredoderus sayanus

ALL

.34 each

–

–

Shad

Gizzard

Dorosoma

ALL

.17 each

–

.15 lb

cepedianum

Threadfin

Dorosoma petenense

ALL

.17 each

–

.15 lb.

Sucker

Catostomidae

0-6"

.67 each

–

–

Over 6"

1.34 each

4.69 each

.13 lb.

Sunfish (Panfish)

Banded

Enneacanthus obesus

ALL

.84 each

–

–

Banded pigmy

Elassoma zonatum

ALL

.84 each

–

–

Blackbanded

Enneacanthus chaetodon

ALL

.84 each

–

–

Black Crappie

Pomoxis nigromaculatus

0-6"

1.01 each

–

6.1-9"

3.50 each

–

–

Over 9"

8.40 lb.

3.81 each

–

Over 2 lb.

16.80 lb.

8.60 lb.

–

Bluegill, Bream

Lepomis macrochirus

0-6"

.84 each

–

–

6.1-10"

4.20 each

2.62 each

–

Over 10"

10.00 lb.

13.10 each

–

Over 1.5 lb.

17.00 lb.

8.50 lb.

–

Bluespotted

Enneacanthus gloriosus

ALL

.84 each

–

–

Dollar

Lepomis marginatus

ALL

.84 each

–

–

Everglades pygmy

Elassoma evergladei

ALL

.84 each

–

–

Flier

Centrachus macropterus

0-6"

.84 each

–

–

6.1-10"

4.20 each

2.62 each

–

Over 10"

10.00 lb.

13.10 each

–

Over 1.5 lb.

17.00 lb.

8.50 lb.

–

Longear

Lepomis megalotis

0-6"

.84 each

–

–

6.1-10"

4.20 each

2.62 each

–

Over 10"

10.00 lb.

13.10 each

–

Over 1.5 lb.

17.00 lb.

8.50 lb.

–

Mud (Perch)

Acantharchus pomotis

0-6"

.84 each

–

–

6.1-10"

4.20 each

2.62 each

–

Over 10"

10.00 lb.

13.10 each

–

Over 1.5 lb.

17.00 lb.

8.50 lb.

–

Redbreast

Lepomis auritus

0-6"

.84 each

–

–

6.1-10"

4.20 each

2.62 each

–

Over 10"

10.00 lb.

13.10 each

–

Over 1.5 lb.

17.00 lb.

8.50 lb.

–

Shellcracker

Lepomis microlophus

0-6"

.84 each

–

–

(Redear)

6.1-10"

4.20 each

2.62 each

–

Over 10"

10.00 lb.

13.10 each

Over 1.5 lb.

17.00 lb.

8.50 lb.

Southern rock

Spotted Sunfish

Lepomis punctatus

0-6"

.84 each

–

–

6.1-10"

4.20 each

2.62 each

–

Over 10"

10.00 lb.

13.10 each

–

Over 1.5 lb.

17.00 lb.

8.50 lb.

–

Warmouth

Lepomis gulosus

0-6"

.84 each

–

6.1-10"

4.20 each

2.62 each

Over 10"

10.00 lb.

13.10 each

Over 1.5 lb.

17.00 lb.

8.50 lb.

Tilapia

Blue

Oreochromis aurea

0-6"

.84 each

–

–

Over 6"

1.68 each

.33 each

.25 lb.

Spotted

Tilapia mariae

0-6"

.84 each

–

–

Over 6"

1.68 each

4.94 each

–

ALL FISH NOT SPECIFIED

EXCEPT ENDANGERED OR THREATENED SPECIES

.34 each

(3) Other Aquatic Species.

COMMON NAME

SCIENTIFIC NAME

VALUES ($)

Marine Mammal

Porpoise

Tursiops truncatus

672.00 each

Turtle

Alabama sawback

Graptemys pulchra

16.80 each

Alligator snapping

Macrochelys temincki

3.35 each

Barbour’s sawback

Graptemys barbouri

16.80 each

Coastal plain, Mobile

Peninsular, Suwannee

Pseudemys floridana

16.80 each

Florida (Red Bellied)

Pseudemys nelsoni

16.80 each

Mud

Kinosternon sp. (except Kinosternon bauri in lower keys)

0.85 each

Musk

Sternotherus sp.

0.85 each

Snapping (Common, Fla.)

Chelydra serpentina

1.70 lb.

Soft-shelled

Amyda ferox

1.70 lb.

Yellow-bellied

Pseudemys scripta

16.80 each

ALL TURTLES NOT

3.35 each

SPECIFIED

Crustacean

Crab

Blue

Callinectes sapidus

1.70 each

Stone

Menippe mercenaria

33.60 each

Lobster (spiny)

Palinurus argus

33.60 each

Shrimp

Panulirus

Marine

Penaeus sp.

0.85 each

Fresh water

Palaemonetes sp.

0.05 each

Macrobrachium sp.

16.80 each

Shellfish

Clam (hard)

Mercenaria sp.

0.70 each

Conch (Queen)

Strombus gigas

33.60 each

Oyster

Crassostrea virginica

0.85 each

Scallop

Pectenidae

0.85 each

Salamander, Newt

Salamandridae

0.35 each

Siren

Sirenidae

0.35 each

EXCEPT ENDANGERED OR THREATENED SPECIES

History

• Rulemaking Authority 403.061(7) FS. Law Implemented 403.141 FS. History–New 5-15-71, Formerly 17-11.01, Amended 2-16-93, Formerly 17-11.001.

Fla. Admin. Code R. 62-11.002 Threatened and Endangered Fish Species

The values for the threatened and endangered fish species, as listed in Rules 39-27.003 and 39-27.004, F.A.C., shall be assessed at a minimum value of $10,000.00 per fish for endangered species and at a minimum value of $5,000.00 per fish for threatened species.

History

• Rulemaking Authority 403.061, 403.141 FS. Law Implemented 403.061, 403.141, 403.161, FS., Chapter 92-113, Laws of Florida. History–New 2-16-93, Formerly 17-11.002.

Fla. Admin. Code R. 62-11.003 Damages to Other Resources, Flora or Fauna

History

• Rulemaking Authority 403.061, 403.141 FS. Law Implemented 403.061, 403.141, 403.161 FS. History–New 2-16-93, Formerly 17-11.003, Repealed 2-16-12.

Chapter 62-16 RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY

Fla. Admin. Code R. 62-16.100 General

History

• Specific Authority 377.804(3), 377.806(7), 220.192(3) FS. Law Implemented 377.801, 377.802, 377.803, 377.804, 377.806, 220.192 FS. History–New 10-22-07, Transferred to 27N-1.100.

Fla. Admin. Code R. 62-16.200 Definitions

History

• Specific Authority 377.804(3), 377.806(7), 220.192(3) FS. Law Implemented 377.802, 377.804, 377.806, 220.192 FS. History–New 10-22-07, Transferred to 27N-1.200.

Fla. Admin. Code R. 62-16.300 Renewable Energy Technologies Grants Program

History

• Specific Authority 377.804(3) FS. Law Implemented 377.802, 377.804 FS. History–New 10-22-07, Transferred to 27N-1.300.

Fla. Admin. Code R. 62-16.500 Solar Energy Systems Incentives Program

History

• Specific Authority 377.806(7) FS. Law Implemented 377.801, 377.802, 377.803, 377.806 FS. History–New 10-22-07, Transferred to 27N-1.500.

Fla. Admin. Code R. 62-16.600 Renewable Energy Technologies Investment Tax Credit

History

• Specific Authority 220.192(3) FS. Law Implemented 220.192 FS. History–New 10-22-07, Transferred to 27N-1.600.

Fla. Admin. Code R. 62-16.900 Forms

History

• Specific Authority 220.192(3), 377.804(3), 377.806(7) FS. Law Implemented 377.804, 377.806, 220.192 FS. History–New 10-22-07, Transferred to 27N-1.900.

Chapter 62-17 ELECTRICAL POWER PLANT SITING

Fla. Admin. Code R. 62-17.011 General

History

• Rulemaking Authority 403.504(1), 403.517(1)(a) FS. Law Implemented 403.504(2), (3), (5), 403.517, 403.5175 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.01, Amended 5-9-83, Formerly 17-17.011, Amended 2-1-99, Repealed 2-16-12.

Fla. Admin. Code R. 62-17.021 Definitions

The words, terms and phrases used in Chapter 62-17, F.A.C., unless otherwise indicated, shall have the meaning set forth in section 403.503, F.S. In addition, the following words when used in Chapter 62-17, F.A.C., shall have the indicated meanings:

(1) “Clerk of the Siting Board” means the person designated as the clerk of the department pursuant to Section 403.504(10), F.S.

(2) “Construction” means any clearing of land, excavation or other action which would alter the physical environment or ecology of the site, but does not include those activities essential for surveying, preliminary site evaluation or environmental studies.

(3) “Electronic Copies” means documentation submitted by the applicant which is stored on electronic media (for example, compact disc) in a manner suitable for ease of copying and pasting text or graphics into word processing software. Acceptable formats for electronic copies include Microsoft Word for Windows Versions 5.0 or higher; Rich Text Format, and portable document format (.pdf). Any portable document format (.pdf) files must be of a version that all narrative and tables can be readily converted to text.

(4) “Expansion” means any increase in maximum steam or solar gross electrical generating capacity of electrical power plants existing in 1973 as defined by Section 403.506(1), F.S.

(5) “Filing” means actual receipt by the department’s Siting Coordination Office, unless otherwise specified herein.

(6) “Postcertification amendment” means a material change in the information provided in the application, by the licensee as certified, that does not require a modification to the conditions of certification.

(7) “Precertification amendment” means any amendment to the application made prior to certification. It does not include information supplied by the applicant to make the application complete.

(8) “Public notice” means the notices required by Rule 62-17.281, F.A.C.

(9) “Secretary” means the Secretary of the Department of Environmental Protection.

(10) “Supplemental Application” means an application for certification for the construction and operation of an additional steam or solar electrical power plant and associated facilities to be located at a site which has been previously certified for an ultimate site capacity.

History

• Rulemaking Authority 403.504(1), 403.517(1) FS. Law Implemented 403.503, 403.504(1), 403.5115, 403.517 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.02, Amended 5-9-83, Formerly 17-17.021, Amended 2-1-99, 2-13-08, 4-8-21.

Fla. Admin. Code R. 62-17.031 Prohibitions, Exceptions, and Applicability

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.504, 403.506 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.03, Amended 5-9-83, Formerly 17-17.031, Amended 2-1-99, 2-13-08, Repealed 2-16-12.

Fla. Admin. Code R. 62-17.041 Notice of Intent, Binding Written Agreements

(1)(a) Any person intending to submit an application for certification may file a Notice of Intent with the Department. If this option is exercised, the Notice shall be filed with the department at least six months prior to the expected date of application.

(b) The Notice of Intent shall describe, at a minimum:

1. The type of power plant and proposed size,

2. The proposed or existing site location, together with a general map of the site, including the location if known of any proposed associated facilities or transmission line corridors,

3. A general description of the designated zoning and land use plan for the areas listed in subparagraph 2.,

4. A list of all state environmental licenses currently held for pre-application work at the site, such as for monitoring facilities,

5. The anticipated date of filing of the application.

(c) Within seven days after the filing of a Notice of Intent, the department shall notify all affected agencies.

(2)(a) After the filing of a Notice of Intent by an applicant, the department, other affected agencies, and the applicant may enter into binding written agreements as to the scope, quantity, and specificity of information to be provided in the application.

(b) Within 21 days of the filing of the proposed binding written agreement, notice of the filing of a Proposed Binding Written Agreement shall be published by the applicant as specified in Rule 62-17.281, F.A.C., and by the department in the Florida Administrative Register. Comments will be accepted for 30 days following publication of the notice. Copies of any public comments concerning the proposed binding agreement shall be forwarded to the appropriate affected agencies and the applicant by the department.

(c) Any proposed binding written agreement shall be reviewed by the department and the affected agencies within forty-five days of the publication of newspaper notice regarding the filing provided pursuant to subsection 62-17.281(2), F.A.C. The department and the affected agencies shall indicate all changes which are deemed necessary for the proposed agreement to become acceptable to the agency. All such changes which the applicant agrees to shall be included in the agreement. The agreement shall take effect upon signature of the agency heads or their designees for the participating affected agencies.

(3) The notice of the filing of a Proposed Binding Written Agreement may be combined with a Notice of Intent if an applicant has furnished such an agreement to the department with the Notice of Intent.

History

• Rulemaking Authority 403.504(1), (2), 403.5063(2) FS. Law Implemented 403.504(2), (9), 403.5063 FS. History–New 5-9-83, Formerly 17-17.041, Amended 2-1-99, 2-13-08.

Fla. Admin. Code R. 62-17.051 Application for Site Certification

(1)(a) Applications for certification shall be supported by applicable information and technical studies.

(b) The applicant may substitute the United States Nuclear Regulatory Commission’s or its successor’s format for an application for a nuclear power plant as outlined in 10 CFR, Part 50 and 10 CFR, Part 51, January 1, 2007, in lieu of the department’s format for a new application or a supplemental application.

(2)(a) A separate application shall be made for each expansion in steam or solar electrical generating capacity of an electrical power plant, or new electrical power plant site.

(b) Any supplemental application for certification shall follow the format allowed under paragraph (1)(a) above, or the format allowed under paragraph (1)(b) above. The applicant for supplemental certification should meet with the department to determine what previously filed information is still sufficient for agency use, and what new data must be filed. Supplemental applications shall show that the additional unit or units conform to the current non-procedural standards of affected agencies in force at the time the supplemental application is submitted, and demonstrate the extent to which the expansion falls within the environmental impacts addressed in the initial certification proceedings.

(c) An application for a power plant site which was permitted prior to the passage of the Act shall include the information required in Section 403.5175, F.S., utilizing the applicable portions of the application form cited under subsection (1) above.

(3) Applications shall also include the following:

(a) Information supporting any request for a variance, exception, exemption or other relief from the non-procedural standards or rules of the department or from the standards or rules of any other agency, including the reasons justifying such relief, and the condition which the applicant seeks to have included in the certification on this issue.

(b) Information describing the works or properties of any agency that the applicant seeks to use, connect to, or cross over, and the intended use.

(c) As required by Section 403.50665(1), F.S., a statement on the consistency of the site including associated facilities with existing land use plans and zoning ordinances in effect on the date the application was filed. Such a statement shall be supported in an appendix by copies of the applicable portions of ordinances, regulations, or land use plans involved.

(d) For sites which may have units or facilities that, due to their size, age, or other factors, were not constructed under the provisions of the Power Plant Siting Act, detailed site plans shall be submitted which delineate those specific parts of the plant and site that are to be evaluated for compliance purposes under certification and those specific parts that will continue under the original permits.

(4)(a) The application will not be deemed filed unless accompanied by the appropriate application fee as described in Rule 62-17.293, F.A.C., and the application has been distributed to all agencies identified in Section 403.507(2)(a), F.S.

(b) The applicant shall consult with the department to determine the number of copies of the certification application or supplemental application and any supplements or precertification amendments thereto to be submitted to the department for its own use. The applicant shall submit the number of hard copies and electronic copies the department determines it needs. The department’s determination of how many copies it needs shall be based upon the number of district offices, divisions, or programs required to review the application, plus one for the department to provide to the Division of Administrative Hearings. The applicant shall send copies directly to the applicable district office, division, or program personnel at the addresses provided by the department. A copy of the transmittal letter shall be provided to the Siting Coordination Office.

(c) The applicant shall consult with each agency identified in Sections 403.507(2)(a) and 403.5064(2), F.S., to determine the number of printed and electronic copies needed for that agency to conduct its review. A copy of the transmittal letter shall be provided to the Siting Coordination Office.

(d) The applicant shall also submit at least one copy of any supplements or precertification amendments thereto to all agencies and parties which have received a copy of the application.

(e) The applicant shall submit one copy of the application and any supplements thereto to the main public library for the county of the site, and for each county in which any associated facility will be located.

History

• Rulemaking Authority 403.504(1), (2), 403.517(1)(a), 403.5175(1) FS. Law Implemented 403.504, 403.5064, 403.517, 403.5175 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.04, Amended 5-9-83, 4-14-86, 1-22-91, 1-26-93, Formerly 17-17.051, Amended 2-1-99, 2-13-08.

Fla. Admin. Code R. 62-17.061 Hearing Officer Appointment, Duties and Powers

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.504(5), 403.508(6), 403.5065, 403.5095 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.12, Amended 5-9-83, Formerly 17-17.061, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.071 Completeness of Application

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.504(2), (5), 403.5065(2) FS. History–New 10-1-76, Amended 12-27-77, Formerly 17-17.19, Amended 5-9-83, Formerly 17-17.071, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.081 Supplementary Information – Cost Responsibility, Determination of Completeness of Application

History

• Rulemaking Authority 403.504(1), (2), 403.5063(2) FS. Law Implemented 403.504(2), (3), 403.5063(2) FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.04(2), 17-17.20, Amended 5-9-83, Formerly 17-17.081, Amended 2-1-99, 2-13-08, Repealed 2-16-12.

Fla. Admin. Code R. 62-17.091 Conduct of Studies

History

• Rulemaking Authority 403.504(2) FS. Law Implemented 403.507(2), (3) FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.05, Amended 5-9-83, Formerly 17-17.091, Amended 2-1-99, 2-13-08, Repealed 11-26-15.

Fla. Admin. Code R. 62-17.093 Preliminary Statements of Issues

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.507(1), (2)(d) FS. History–New 2-1-99, Amended 2-13-08, Repealed 2-16-12.

Fla. Admin. Code R. 62-17.101 Analysis by the Department

History

• Rulemaking Authority 403.504(1), (8) FS. Law Implemented 403.509 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.14(1), Amended 5-9-83, Formerly 17-17.101, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.111 Hearings Generally – Conduct

History

• Rulemaking Authority 403.506 FS. Law Implemented 403.504(2), (5) FS. History–New 5-31-77, Amended 12-27-77, Formerly 17-17.08, Amended 5-9-83, Formerly 17-17.111, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.115 Informational Public Meetings

(1) Any local government or regional planning council intending to conduct an informational public meeting pursuant to Section 403.50663, F.S., shall coordinate with the Department and the applicant in the scheduling of that meeting, to assure availability of the Department and the applicant.

(2) In the informational public meetings, the applicant and any other participating parties are encouraged to design their presentations to inform the public of the details of the proposed power plant.

(3) The format of the meeting is at the discretion of the local government or regional planning council. The local government or regional planning council is not required to take votes or take a position on the proposed facility.

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.50663, FS. History–New 2-13-08.

Fla. Admin. Code R. 62-17.121 Local Government Land Use and Zoning Consistency Determination

(1) Consistency determinations made pursuant to Section 403.50665, F.S., must include a statement of whether the proposed project is consistent or not with local land use plans and zoning ordinances.

(2) Determinations finding the proposed site inconsistent with local land use plans or zoning ordinances must also include a statement of what would need to be done to make the proposed project consistent with local land use plans or zoning ordinances.

(3) Failure of a local government to issue a determination of consistency with local land use plans or zoning ordinances within the time periods under the Act shall result in an automatic finding of consistency.

(4) If a proceeding is held by a local government for the purpose of issuing a revised local land use or zoning approval, pursuant to Section 403.50665(3), F.S., then the revised determination issued by the local government must include a statement of whether the proposed project is consistent or not with local land use plans and zoning ordinances, and a statement of what would need to be done to make the proposed project consistent with local land use requirements if it is determined to be inconsistent.

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.504(5), 403.50665, 403.508 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.09, Amended 5-9-83, Formerly 17-17.121, Amended 2-1-99, 2-13-08.

Fla. Admin. Code R. 62-17.131 Appeal from Denial of Rezoning or Variance from Local Zoning or Amendment of Land Use Plans, Hearing, Board Action

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.504(5), (7), 403.508(2) FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.10, Amended 5-9-83, Formerly 17-17.131, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.133 Agency Reports

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.507, 403.511(5)(b) FS. History–New 2-1-99, Amended 2-13-08, Repealed 11-26-15.

Fla. Admin. Code R. 62-17.135 Coordination of Federally Approved or Delegated Programs with State Certification Application Review Procedures

(1) To the extent possible, in order to facilitate coordination of the procedures for federally approved or delegated permit programs with the state certification application review procedures, where conflicts with federal time schedules occur, the federal time schedules shall prevail. If any other application for a department permit to be issued pursuant to a federally approved or delegated permit program is determined to be complete before the certification application is determined complete, then the department shall proceed to review that permit in accordance with adopted department rules and schedules for review and issuance of proposed agency action on such permits under the requirements of that program.

(2) Pursuant to Sections 403.507(5)(e) and 403.5055(2), F.S., the Project Analysis may contain a copy of any draft license for a National Pollutant Discharge Elimination System permit, a Prevention of Significant Deterioration permit, and an Underground Injection Control test well permit. Delays in the issuance of a related federally delegated or approved draft permit are good cause for an alteration of the deadline for the issuance of the department’s Project Analysis.

(3) Coastal Zone Management (CZM). The Department of Community Affairs is the lead coordination agency for matters pertaining to CZM. When federally designated review schedules do not conflict, the Department of Community Affairs shall include in its agency report to the Department of Environmental Protection an assessment or summary of CZM issues raised in the CZM review process, if any.

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.5055, 403.507(3), (4), 403.508(3), (8), 403.0872, 403.0885, 403.511(7) FS. History–New 2-1-99, Amended 2-13-08.

Fla. Admin. Code R. 62-17.137 Proprietary Interest In State-owned Lands

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.509(5) FS. History–New 2-13-08, Repealed 2-16-12.

Fla. Admin. Code R. 62-17.141 Certification Hearings – Subject Matter, Procedure, Participants, Stipulations

(1) The certification hearing, if held, and any Recommended Order issued thereupon shall address the extent to which the project comports with the provisions, as applicable, of Section 403.509(3), F.S.

(2) In the certification hearing, the applicant, the Department and any other participating parties are encouraged to design their presentations to inform the public of the details of the proposed power plant, but the question of compliance with this paragraph shall not be the basis for review.

(3) Each party shall make available for public inspection at least five days prior to the certification hearing, if held, at a place specified in the public notice any written direct testimony which it intends to submit at the hearing.

(4) Delays in the issuance of a related federally delegated or approved draft permit are good cause for the continuance of the certification hearing, or any other time frame.

(5) In regard to the properties and works of any agency which is a party to the certification hearing, any stipulation filed pursuant to Section 403.508(6)(a), F.S., must include a stipulation regarding issues relating to the use, the connection thereto, or the crossing thereof, for the electrical power plant and directly associated facilities. Any agency stipulating to the use, connection to, or crossing of its property must agree to execute, within 30 days after the entry of certification, the necessary license or easement for such use, connection, or crossing, subject only to the conditions set forth in such certification.

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.502, 403.504(5), 403.508, 403.5175(4) FS. History–New 10-1-76, Amended 12-27-77, Formerly 17-17.11, Amended 5-9-83, Formerly 17-17.131, Amended 2-1-99, 2-13-08.

Fla. Admin. Code R. 62-17.143 Recommended Orders, Exceptions

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.508(3), 403.508(7)(d), 403.509 FS. History–New 2-1-99, Amended 2-13-08, Repealed 2-16-12.

Fla. Admin. Code R. 62-17.147 Certified Corridor Notice

History

• Rulemaking Authority 403.504(1), (8), 403.523(1), (8) FS. Law Implemented 403.504(8), 403.523(8), 403.5312 FS. History–New 2-1-99, Repealed 2-13-08.

Fla. Admin. Code R. 62-17.151 Public Notice

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.504(2), (3), (5), 403.508, 403.517, 403.5065 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.06, Amended 5-9-83, 4-14-86, Formerly 17-17.151, Repealed 3-1-99.

Fla. Admin. Code R. 62-17.161 Evidence of Notice, Additional Notice

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.504(5), (9), 403.508 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.07, Amended 5-9-83, Formerly 17-17.161, Repealed 3-16-99.

Fla. Admin. Code R. 62-17.171 Department Conditions of Certification under Section 403.511(5)(a), (b), F.S

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.511(5)(b) FS. History–New 5-9-83, Formerly 17-17.171, Amended 2-1-99, Repealed 2-13-08.

Fla. Admin. Code R. 62-17.181 Retention and Availability of Certification and Application, Copying Fees

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.515 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.15, Amended 5-9-83, Formerly 17-17.181, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.191 Postcertification Compliance Review, Monitoring

(1) Pursuant to specific conditions of certification, a licensee may be required to file site-specific technical data to allow the review by the department and any other affected agency of the licensee’s compliance with the conditions of certification. This is considered postcertification review (PCR).

(a) Any submittal of information or determination of compliance pursuant to PCR does not provide a point of entry for a third party.

(b) Data required for PCR shall be equivalent to that which would be submitted for permits required in the absence of certification except where the conditions of certification specify a different requirement.

(c) The procedures for postcertification submittal processing, if not otherwise specified in the conditions, are as follows:

1. All postcertification submittals of information by the licensee, and all completeness findings and determinations of compliance by affected agencies, are to be filed with the department. Copies of each submittal shall also be submitted to the agency requiring the postcertification submittal and any other agency indicated in a specific condition requiring a postcertification submittal.

2. The department, and each affected agency receiving a copy of the postcertification submittal pursuant to subparagraph 62-17.191(1)(c)1., F.A.C., shall review each postcertification submittal for completeness. For the purposes of postcertification reviews, completeness shall mean that the information submitted is both complete and sufficient. The department will consult with the other agencies receiving the submittal, as appropriate, regarding completeness. If the submittal is found by the department, or affected agency, to be incomplete, the license shall be so notified. Subsequent findings of incompleteness, by an affected agency, must be made in consultation with the department. Failure of the department or affected agency, to issue such a notice within 30 days after filing of the submittal shall constitute a finding of completeness. If a situation arises in which mutual agreement between either the department and the licensee, or, the licensee and an agency with substantive regulatory jurisdiction over a matter cannot be reached, the department may act as a facilitator in an attempt to resolve the issue.

3. Within 90 days after complete information is submitted, the department, or affected agency, shall give written notification to the licensee and other agencies to which the postcertification information was submitted of its assessment of whether there is reasonable assurance of compliance with the conditions of certification. If it is determined that compliance with the conditions will not be achieved, the licensee shall be notified with particularity and possible corrective measures suggested. Failure of the department, or affected agency, to notify the licensee in writing within 90 days of receipt of a complete postcertification submittal shall constitute a finding of compliance.

4. If the department, or affected agency, does not give notification of compliance within the time period specified in subparagraph 62-17.191(1)(c)3., F.A.C., the licensee may begin construction pursuant to the terms of the conditions of certification and the subsequently submitted construction details.

(d) Postcertification compliance reviews shall be limited to the technical merits of whether the postcertification submittals demonstrate compliance with the conditions of certification. However, a postcertification compliance review may be the basis for initiating modifications to the relevant condition or to other related conditions.

(2) The licensee shall conduct monitoring as indicated in the conditions of certification, of the environmental effects arising from construction and operation of the licensee’s electrical power plant, in order to assure continued compliance with the terms and conditions of certification. The monitoring shall be carried out in the manner prescribed in the conditions of certification, and at no expense to the department or affected agencies.

(3) The licensee shall provide within 90 days after certification a complete summary of those submittals identified in the Conditions of Certification where due-dates for information required of the licensee are identified. Such submittals shall include, but are not limited to, monitoring reports, management plans, wildlife surveys, etc. The summary shall be provided to the Siting Coordination Office and any affected agency or agency subunit to whom the submittal is required to be provided, in a sortable spreadsheet, in the format identified below.

Condition Number

Requirement and timeframe

Due Date

Name of Agency or agency subunit to whom the submittal is required to be provided

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.504(8), 403.511 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.13, Amended 5-9-83, Formerly 17-17.191, Amended 2-1-99, 2-13-08, 4-8-21.

Fla. Admin. Code R. 62-17.201 Review and Evaluation

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.512, 403.514 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.16, Amended 5-9-83, Formerly 17-17.201, Amended 2-1-99, Repealed 2-13-08.

Fla. Admin. Code R. 62-17.205 Postcertification Amendments or Clarifications

(1) Amendments. Any postcertification amendments to an application must include appropriate revisions to the application text, figures, and photographs, to reflect the changes. Such post-certification amendments shall be processed in accordance with Section 403.5113, F.S. The Department shall perform a review for completeness of information, including a review of whether there is sufficient information in order to make a determination on the post-certification amendment.

(2) Clarifications. For certified sites which have other units or facilities that, due to their size, age, or other factors, were not constructed under the provisions of the Power Plant Siting Act, the licensee shall submit within 12 months after receipt of written notice from the department detailed site plans which delineate those specific parts of the plant and site that are to be evaluated for compliance purposes under certification and those specific parts that will continue under the original permits. However, if such information has been previously submitted in conjunction with a modification which has occurred within the preceding two years, then this provision shall not apply.

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.511, 403.5113, 403.516 FS. History–New 2-1-99, Amended 2-13-08.

Fla. Admin. Code R. 62-17.211 Modification of Certification, Transfer of Certification

A certification can be modified in accordance with Section 403.516, F.S., and this rule; or in accordance with Section 403.511(5), F.S.; or, as a transfer of certification to a new licensee.

(1) For modifications under the provisions of Section 403.516(1)(c), F.S., the following shall apply:

(a) The department may initiate the modification upon its own initiative. If the department initates a modification, the following shall apply;

1. A Notice of Intent to Modify shall be sent to parties to the original certification proceedings and any subsequent modification proceedings, at the last address on record for the party. All parties have an on-going duty to notify the department of changes to their relevant contact information.

2. The department shall publish a notice in the Florida Administrative Register (F.A.R.), stating that the deadline for filing objections with the department for parties to the original proceeding, and for parties to any subsequent modification proceedings, is 45 days after issuance of the notice by mail; and the deadline for other persons whose substantial interest may be affected is 30 days after publication of the F.A.R. notice. Objections shall be limited to the portion of the certification that is proposed to be modified.

3. If no timely objections are filed with the department, a final order approving the modification shall be issued by the department.

4. If written objections are filed with the department, the licensee or department may file a request for a hearing concerning the modification with the department. If written objections are filed that address only a portion of the proposed modification, the department shall issue a final order approving the portion of the proposed modification to which no objections were filed, unless that portion of the proposed modification is substantially related to or necessary to implement the portion to which written objections were filed.

(b) The licensee may file a petition for modification with the department’s Siting Coordination Office. If the licensee files a petition for modification, the following shall apply:

1. The petition shall contain a concise statement of the proposed modification; the factual reasons asserted for the modification, including the changes in circumstance which justify the modification; and, a statement of whether, and if so, how the proposed modification if approved would affect the conditions of certification, the site layout or design as depicted in the current version of the application, and the anticipated affects of the proposed modification on the environment.

2. The Siting Coordination Office will forward the petition to all reviewing agencies.

3. The department may require notice of the petition for modification to be published, based on the criteria in Section 403.5115(1)(h), F.S. Any such notice shall comply with Rule 62-17.281, F.A.C.

4. The petition shall be reviewed for completeness. Within 25 days of the filing of the petition with the department, agencies with jurisdictional matters affected by the proposal shall file completeness recommendations with the department. Within 30 days of the filing of the petition with the department, the department shall issue a completeness determination. Any subsequent information filings intended to render the petition complete shall be reviewed by the agencies and the department under these same deadlines.

5. If the department intends to modify the conditions of certification based on the licensee’s petition, the process outlined in subparagraphs 62-17.211(1)(a)1. through 3., F.A.C., shall be followed.

6. If written objections are filed which address only a portion of the proposed modification, then the department shall issue a final order approving the portion of the proposed modification to which no objections were filed, unless that portion of the proposed modification is substantially related to or necessary to implement the portion to which written objections are filed.

7. If written objections are filed, or the department denies the request, the licensee or department may file a request for a hearing on the modifiation with the department.

(c) In accordance with Section 403.516(1)(c)4., F.S., requests for a hearing on a modification shall be disposed of in the same manner as an application, but with time periods established by the administrative law judge commensurate with the significance of the modification. The hearing on the modification shall be conducted in the same manner as a certification hearing, and notice of hearing shall be provided as prescribed in Rule 62-17.281, F.A.C. At least 30 days prior to the date set for the hearing the parties shall file their statement of issues with the administrative law judge and the department. The request for a hearing shall contain the information required under Chapter 120, F.S. and Rule 28-106.201(1) and (2), F.A.C.

(2) For transfer of a certification, the following shall apply:

(a) A transfer of certification of all or part of a certified facility shall be initiated by the licensee’s filing written notification, including a completed Notice of Intent to Transfer Certification Form (DEP Form No. 62-17.211(1)), adopted and incoporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12946), effective May, 2021, with the department and each agency listed in Section 403.507(2)(a) and (b), F.S., of its intent to transfer the certification to a new licensee. The licensee’s written notification shall identify the time period for objections specified in paragraph 62-17.211(2)(b), F.A.C.

(b) The agencies identified in paragraph 62-17.211(2)(a), F.A.C., shall have 30 days to file any written objections with the department upon receipt of the written notification and form.

(c) The transfer shall be approved unless the department objects to the transfer on the grounds of the inability of the new licensee to comply with the conditions of certification, specifies in writing its reasons therefore, and gives notice and opportunity to petition for a Section 120.57, F.S., administrative hearing. A copy of the department’s action on the transfer of certification shall be sent to all agencies identified in paragraph 62-17.211(2)(a), F.A.C.

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.511(5), 403.516 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.17, Amended 5-9-83, Formerly 17-17.211, Amended 2-1-99, 2-13-08, 5-9-13, 5-4-21.

Fla. Admin. Code R. 62-17.221 Revocation or Suspension of Certification

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 120, 403.512 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.18, Amended 5-9-83, Formerly 17-17.221, Amended 2-1-99, Repealed 2-16-12.

Fla. Admin. Code R. 62-17.231 Supplemental Applications

History

• Rulemaking Authority 403.504(1), (6), (9) FS. Law Implemented 403.517 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.21, Amended 5-9-83, Formerly 17-17.231, Amended 2-1-99, 2-13-08, Repealed 2-16-12.

Fla. Admin. Code R. 62-17.241 Abandonment

History

• Rulemaking Authority 403.504(1), (8) FS. Law Implemented 403.509 FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.14(2), Amended 5-9-83, Formerly 17-17.241, Amended 2-1-99, Repealed 5-8-19.

Fla. Admin. Code R. 62-17.251 Processing of Application for Certification of an Existing Power Plant Site

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.5175 FS. History–New 2-1-99, Repealed 2-13-08.

Fla. Admin. Code R. 62-17.280 Florida Administrative Weekly

History

• Rulemaking Authority 403.504(1), (2), 403.5063(2), 403.517(1)(a), 403.517(4) FS. Law Implemented 403.504(2), (5), (9), 403.5063, 403.5115(4), 403.516(1), 403.517, 403.5175 FS. History–New 2-1-99, Repealed 2-13-08.

Fla. Admin. Code R. 62-17.281 Newspaper Notice

(1) The applicant shall provide and publish newspaper notices as required by, and in accordance with, Section 403.5115, F.S., using the templates and procedures listed below. Templates may be obtained from the Department of Envirionmental Protection, Siting Coordination Office, or at the hyperlinks provided below. The map required under Section 403.5115(2), F.S., should occupy approximately one-quarter of the notice space. The content of any notice shall be approved by the Department and may differ from the content in this rule so long as the deviation does not materially and substantially alter the substance of such notice. All notice headings shall be in bold letters not less than three-eighths (3/8) inches high.

(a) Notice of the Filing of a Notice of Intent, DEP Template 62-17.281(1), effective September 27, 2017, adopted and incorporated herein and available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-08668). This notice shall be published within 21 days after the filing of the notice with the Department.

(b) Notice of Proposed Binding Written Agreements, DEP Template 62-17.281(2), effective September 27, 2017, adopted and incorporated herein and available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-08669). This notice shall be published in the newspapers required for other notices under Section 403.5115(2), F.S., within 21 days after the filing of the proposed agreement. The notice shall be 1/4 page in size.

(c) Notice of Filing of Application, DEP Template 62-17.281(3), effective September 27, 2017, adopted and incorporated herein and available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-08670). The notice be published within 21 days after the filing of the application with the Department.

(d) Notice of Land Use Consistency Determination, DEP Template 62-17.281(4), effective September 27, 2017, adopted and incorporated herein and available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-08671). The notice shall be published within 21 days after the deadline for filing of the determination.

(e) Notice of Land Use Hearing Before the Administrative Law Judge, DEP Template 62-17.281(5), effective September 27, 2017, adopted and incorporated herein and available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-08672). This notice shall be published at least 15 days before the hearing on land use and zoning issues.

(f) Notice of Certification Hearing, DEP Template 62-17.281(6), effective September 27, 2017, adopted and incorporated herein and available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-08673). This notice shall be published at least 65 days before any scheduled certification hearing.

(g) Notice of Cancellation of Certification Hearing, DEP Template 62-17.281(7), effective September 27, 2017 adopted and incorporated herein and available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-08674). This notice shall be published no later than 3 days before the date of the originally scheduled certification hearing.

(h) Modifications Notices.

1. Notice of Request for Modification of the Certification, DEP Template 62-17.281(8), effective September 27, 2017, adopted and incorporated herein and available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-08675). If required by the Department, the applicant shall publish this notice within 21 days after the filing of a request for modification.

2. Notice of Hearing for Modification of the Certification, DEP Template 62-17.281(9), effective September 27, 2017, adopted and incorporated herein and available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-08676). This notice shall be published no later than 30 days before the hearing.

(i) Notices for a Supplemental Application.

1. Notice of Filing of a Supplemental Application, DEP Template 62-17.281(10), effective September 27, 2017, adopted and incorporated herein and available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-08677). The notice shall be published within 21 days after filing of the notice with the Department.

2. Notice of Certification Hearing for a Supplemental Application, DEP Template 62-17.281(11), effective September 27, 2017, adopted and incorporated herein and available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-08678). The notice of certification hearing for a supplemental application shall be published at least 65 days before any scheduled certification hearing.

(j) Notices for Certification of an Existing Power Plant Site.

The same notices as specified in paragraphs (a) through (g), above, shall be published, as applicable, with text tailored to fit the specific project.

(2) Proof of Publication.

The applicant must provide proof of publication of each newspaper notice published in accordance with the above to the Siting Coordination Office within seven (7) days of the applicant’s receipt of the proof of publication.

History

• Rulemaking Authority 403.504, 403.517 FS. Law Implemented 403.504, 403.5063, 403.507, 403.5115, 403.516, 403.517, 403.5175 FS. History–New 2-1-99, Amended 2-13-08, 9-27-17.

Fla. Admin. Code R. 62-17.282 Other Notifications

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.504(2) FS. History–New 2-1-99, Repealed 2-13-08.

Fla. Admin. Code R. 62-17.283 Cure of Defective Notice

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.504(5), (9), 403.5065, 403.508 FS. History–New 2-1-99, Repealed 11-26-15.

Fla. Admin. Code R. 62-17.293 Fees, Disbursement of Funds, Contracts

(1) The Department will take no action on any notice-of-intent, application, or petition for modification until it has received the appropriate fee described below. All fees shall be paid by check made payable to the “Department of Environmental Protection.”

(a) Notice of Intent: $2,500.

(b) Application fee, comprised of the amounts in subparagraphs 1. and 2., as applicable:

1. Fuel, site type, and net generating capacity and fuel:

TYPE/CAPACITY

FEE

Nuclear

$200,000.00

Fossil fuel (coal, oil or emulsified bitumen, except gas) 500 MW or larger

$200,000.00

Fossil fuel (coal, oil, or emulsified bitumen, except gas) less than 500 MW

$175,000.00 plus subparagraph (b)2., F.A.C.

Gas-fired, 100 MW or larger

$150,000.00 plus subparagraph (b)2., F.A.C.

Waste-To-Energy, 100 MW or larger

$150,000.00 plus subparagraph (b)2., F.A.C.

Gas-fired or Waste-To-Energy less than 100 MW; Solar or other, any size

$125,000.00 plus subparagraph (b)2., F.A.C.

Combined Cycle fueled by associated coal gasification facilities or oil heavier than #2

$150,000.00 plus subparagraph (b)2., F.A.C.

Combined Cycle fueled by gas or distillate oil, 350 MW or larger

$125,000.00 plus subparagraph (b)2., F.A.C.

Combined Cycle fueled by gas or distillate oil, less than 350 MW

$100,000.00 plus subparagraph (b)2., F.A.C.

2. Associated linear facilites.

For associated linear facilities such as transmission lines, rail lines, or gas or oil pipelines which are proposed to be certified, a fee of $500 per mile of linear facility, as measured from the edge of the powerblock to the offsite terminus of the linear facility, is required in addition to the specified application fee, up to a maximum total fee of $200,000.00.

(c) Modifications.

1. No fee is required for modifications pursuant to Section 403.516(1)(a) or (b), F.S.

2. The fee for any other modification shall be based on the number of agencies whose review is required in order to modify the Conditions of Certification due to the proposed equipment redesign, change in site size, type, increase in generating capacity proposed, or change in an associated linear facility location. The number of agencies whose review is required shall be determined by the Department based on the changes proposed to the Conditions of Certification. The fee shall be:

a. One agency

$10,000.00

b. Two agencies

$20,000.00

c. Three or more agencies

$30,000.00

3. If the licensee files a request for a hearing pursuant to Section 403.516(1)(c)3., F.S., the amount of the fee to be transferred to the Division of Administrative Hearings shall be remitted to the Division by the Department within 60 days after the referral of the request to the Division.

(d) Supplemental applications. A supplemental application fee comprised of the amounts in subparagraphs 1. and 2., as applicable:

1. Supplemental generating capacity to be added and fuel:

TYPE/CAPACITY OF

SUPPLEMENTAL UNITS

FEE

Nuclear

$75,000.00

Fossil fuel (coal, oil, or emulsified bitumen, except gas) 500 MW or larger

$75,000.00

Fossil fuel (coal, oil, or emulsified bitumen, except gas) less than 500 MW

$65,000.00

Gas-fired, 100 MW or larger

$65,000.00

Waste-To-Energy, 100 MW or larger

$60,000.00

Gas-fired or Waste-To-Energy, less than 100 MW; solar or other, any size

$50,000.00

Combined Cycle fueled by associated coal gasification facilities or oil heavier than #2

$75,000.00

Combined Cycle fueled by gas or distillate oil

$50,000.00

2. Additional associated linear facilities.

For associated linear facilities such as transmission lines, rail lines, or gas or oil pipelines which are proposed to be certified in addition to those previously certified, a fee of $500 per mile of linear facility, as measured from the edge of the powerblock to the offsite terminus of the linear facility, is required in addition to the specified application fee, up to a maximum total fee of $75,000.00.

(2) The following applies to management of the fees:

(a) The department shall retain the percentages specified in Sections 403.518(2)(a) and (d), F.S.

(b) The portion of the fee to be transferred to the Division of Administrative Hearings shall be remitted within 60 days after the following events:

1. Assignment of an administrative law judge to conduct the initial exercise of duties, pursuant to Section 403.518(2)(b)1., F.S.

2. The issuance of the recommended order on land use, pursuant to Section 403.508(1)(d), F.S.

3. The issuance of the recommended order on certification, pursuant to Section 403.508(2)(a), F.S.

(c) In order to receive reimbursement for participation in the proceedings, the affected agencies must submit invoices for reimbursement to the Department’s Siting Coordination Office for a validity review prior to processing by the Department’s Bureau of Finance & Accounting. The invoices must be submitted no later than 45 days after final action by the Siting Board or after notification of withdrawal of the application. Invoices received after the deadline shall not be deemed eligible for reimbursement unless good cause is demonstrated to the department. Each invoice must be accompanied by an itemization of the time and expenses incurred in accordance with state auditing procedures.

(d) Authorized agency expenses for affected agencies may only include direct costs for those items identified in Section 403.518(2)(c)1., F.S.

(e) All contracts must be directly related to the evaluation of the application. Any agency intending to incur an expense for a contract for studies pursuant to Section 403.507, F.S., must first obtain approval from the department for the amount and purpose of such expenditure. All such studies must be related to the jurisdiction of the agencies and must be directly related to the evaluation of the application. Any such contract must specify that:

1. Receipt of the final results must be available in time for agency report submittals.

2. The studies shall be finalized in writing.

3. Final reimbursement to the contractor shall not occur unless complete results are submitted such that the schedule of subparagraph 1., can be met.

4. The contractor agrees to be available to act as a witness in certification proceedings.

History

• Rulemaking Authority 403.504 FS. Law Implemented 403.518 FS. History–New 1-22-91, Amended 1-26-93, Formerly 17-17.293, Amended 2-1-99, 2-13-08.

Fla. Admin. Code R. 62-17.510 General

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.521 FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.51, 17-17.510, Amended 5-24-10, Repealed 2-16-12.

Fla. Admin. Code R. 62-17.520 Definitions

Words, terms and phrases used in this chapter, unless otherwise indicated, shall have the meaning set forth in Section 403.522, F.S. In addition, the following words when used in this part shall have the indicated meanings:

(1) “Access road” means a road within the corridor which is proposed to be used to gain access to the rights-of-way, transmission towers, or other utility property or facilities, including those roads used for maintenance purposes.

(2) “Alternate corridors” means corridors proposed by the applicant in the application that are secondary in preference to its preferred corridor or corridors proposed by parties to the certification proceeding other than the applicant pursuant to the provisions of Section 403.5271, F.S.

(3) “Clerk of the Siting Board” means the person designated as the clerk of the Department pursuant to Rule 62-103.050, F.A.C.

(4) “Construction” means any clearing of land, erection of structures, excavation or other action by the applicant that would alter the physical environment or ecology of a right-of-way for the tranmission line, but does not include those activities essential for surveying, preliminary corridor evaluation, environmental studies, or trimming of vegetation, or activities on the right-of-way not associated with the certified transmission line.

(5) “Electronic Copies” means documentation submitted by the applicant that is stored on electronic media (for example, compact disc) in a manner suitable for ease of copying and pasting text or graphics into word processing software. Acceptable formats for electronic copies include Microsoft Word for Windows Versions 5.0 or higher; Rich Text Format, and portable document format (pdf). Any portable document format (.pdf) files must be of a version that allows all narrative and tables to be readily converted to text.

(6) “Established” means, when referring to an established right-of-way, a right of use created by purchase, grant, reservation, dedication, condemnation, permit, license, or any other procedure authorized by law.

(7) “Life of the facility” means the duration of construction and operational life of the certified transmission line, including any appurtenant structures, until the removal and abandonment of the entire facility.

(8) “Maintenance” means the act of physically maintaining the transmission line including the right-of-way.

(9) “Precertification amendments” means documentation submitted by the applicant during the application review period pursuant to Section 403.5275, F.S., that reflects changes proposed by the applicant to the designs or plans contained in its previously submitted application. It does not mean responses to requests for additional information to make the application complete as determined by reviewing agencies.

(10) “Primary corridor” shall mean the preferred original corridor which the applicant seeks to have certified.

(11) “Postcertification amendments” means documentation that reflects changes in the certified project under the provisions of Section 403.5317(1), F.S.

(12) “Secretary” means the Secretary of the Department of Environmental Protection, or the duly authorized designee.

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.522 FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.52, 17-17.520, Amended 5-24-10.

Fla. Admin. Code R. 62-17.530 Prohibitions

History

• Rulemaking Authority 403.504(1) FS. Law Implemented 403.524 FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.53, 17-17.530, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.535 Notification of Construction of Transmission Lines Not Subject to the Act

The notification required pursuant to Section 403.524(4), F.S., shall provide the following information:

(1) Location of the line in terms of county, or sections/townships/ranges;

(2) Names or identifiers of connection points, e.g. “X” switchyard to “Y” substation;

(3) Line size and total length; and,

(4) If the basis of the exemption from the Act under Section 403.524, F.S., is construction of any portion of the transmission line within one or more established transmission line rights-of-way, documentation of the date each such right-of-way was established by means of a deed, grant, permit, license or reservation of easement, final judgment of condemnation or other legal instrument. If documentation of the date of establishment for such a right-of-way is not specifically available, the utility shall consult with the Department as to an acceptable substitute for demonstrating the establishment of the transmission line right-of-way at least five years prior to the start of construction.

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.524(4) FS. History–New 5-24-10.

Fla. Admin. Code R. 62-17.540 Application for Corridor Certification and Precertification Amendments

(1) Applications for certification shall follow the format and shall be supported by information and technical studies, as prescribed by Section 403.5251, F.S.

(a) The applicant shall consult with the Department to determine the number of copies of the certification application or precertification amendments thereto to be submitted to the Department for its own use. The applicant shall submit the number of hard copies and electronic copies the Department determines it needs. The Department’s determination of how many copies it needs shall be based upon the number of district offices, divisions, or programs required to review the application, plus one for the Department to provide to the Division of Administrative Hearings. The applicant shall send copies directly to the applicable district office, division, or program personnel at the addresses provided by the Department. A copy of the transmittal letter shall be provided to the Siting Coordination Office.

(b) The applicant shall consult with each agency identified in Section 403.527(2)(a), F.S., and any newly affected agencies under Section 403.5271, F.S., to determine the number of printed and electronic copies of the application needed for those agencies to conduct their reviews. A copy of the transmittal letter shall be provided to the Siting Coordination Office.

(c) The applicant shall submit one copy of the application and any amendments thereto to a main public library in each county within which the corridor is located. The proximity of the library to the corridor may also be considered by the applicant in selection of the library.

(2) Prior to application filing, upon request from applicant the Department shall grant a meeting between the applicant, the Department and any potentially interested statutory parties which are known to determine whether specified informational requirements required by the application guide may be waived, modified, or reduced in scope for a particular application.

(3) Applications shall also include:

(a) Information supporting any request for a variance, exception, exemption or other relief from the non-procedural standards or rules of the Department or from the standards or rules of any other agency, as provided by Section 403.526(2)(b)1., F.S., including the reasons justifying such relief, and the condition which the applicant seeks to have included in the certification on this issue.

(b) Information describing the works or properties of any agency that the applicant seeks to use, connect to, or cross over, and the intended use.

(4)(a) Any precertification amendments to an application shall be sent by the applicant to the administrative law judge and to all parties to the proceeding as well as to all agencies and persons who received a copy of the application. Such amendments shall be sent at the same time the amendments are sent to the Department.

(b) Precertification amendments to an application shall follow the format and shall be supported by information as prescribed in the Application Guide form 62-1.212(1), F.A.C. Appropriate revisions to the application text, figures, and photographs are required to be made to reflect the changes. Amendments may be submitted initially as correspondence, but formal revisions to the application, either in the form of amended application pages or an errata sheet listing all necessary changes to application pages, are required to be distributed within 15 days of correspondence submittal to all agencies, parties and persons previously receiving an application.

History

• Rulemaking Authority 403.523(1), 403.531(2)(b) FS. Law Implemented 403.523(1), (2), (3), (5), (6), 403.5251, 403.5275 FS. History–New 11-20-80, Amended 6-26-84, 17-17.54(4), Transferred to 17-17.545(1), Formerly 17-17.54, Amended 1-26-93, Formerly 17-17.540, Amended 5-24-10.

Fla. Admin. Code R. 62-17.543 Alternate Corridor Information

Information submittals for Alternate Corridor proposals must address all portions of the application guide applicable to transmission lines. The level of detail therein shall be commensurate with the scale of change in comparison to the applicant’s original proposal. Failure to file and serve the information as provided in Sections 403.5271(1)(a)-(e), F.S., shall constitute a voluntary withdrawal of the proposed alternate corridor and the alternate corridor shall not be a corridor proper for certification at the certification hearing.

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.523(1), (2), (3), (5), (6), 403.5271(1) FS. History–New 6-26-84, Formerly 17-17.543, Amended 5-24-10.

Fla. Admin. Code R. 62-17.545 Fees, Disbursement of Funds, Contracts

(1) The Department will take no action on any application, modification request, or precertification corridor alignment change amendment, until it has received the appropriate fee. All fees shall be paid by check made payable to the Department. The fee shall be determined by measuring along the centerline of the corridor. Portions of a mile shall be computed on a decimal basis.

(2) Application fee. The application fee shall be as prescribed in Section 403.5365(1), F.S. When an applicant proposes alternate corridors as well as a primary one for consideration for certification, the application fee shall be computed on the basis of the total of all corridor lengths submitted by the applicant.

(a) Any agency intending to seek reimbursement from the fee for a contract for studies to support its report pursuant to Section 403.526, F.S., shall first obtain prior written approval from the Department for the amount and purpose of the expenditure. Except as provided in Section 403.523(4), F.S., all such studies shall be related to the jurisdiction of the requesting agency and shall be directly related to the evaluation of the certification application. The applicant shall be furnished with a copy of any request for approval of a contract for studies, as well as the report or results from any approved studies, within 10 days of receipt by the Department.

(b) Any contract must specify that:

1. Receipt of the preliminary results will be available in time for agency report submittals with final results available at least 30 days prior to the certification hearing,

2. The studies shall be finalized in writing,

3. Final reimbursement to the agency and thus to the contractor shall not occur unless complete results are submitted such that the schedule of paragraph 1., above, can be met; and,

4. The contractor will be available to act as a witness in certification proceedings.

(c) The breach of any provision of a contract for studies shall not be grounds for the alteration of any time limitation in the Act pursuant to Section 403.528, F.S.

(3) Modification fee.

Where a modification is proposed by the licensee that requires a corridor alignment change, the fee shall include the per-mile amount prescribed by Section 403.5365(3)(b), F.S., plus the following:

(a) 230 kV and higher, but less than 500 kV, transmission line: $7,000.00.

(b) 500 kV or higher transmission line: $10,000.00.

(4) Amendment fee.

A fee of $2,000.00 plus $750.00 per mile of the total realigned portion(s) of the corridor is required whenever an amendment is proposed by the applicant which includes one or more corridor alignment changes. Portions of a mile shall be computed on a decimal basis. No additional fee is required from an applicant for corridor changes initiated by other parties even if the applicant either does not object to or supports such a change.

History

• Rulemaking Authority 403.523 FS. Law Implemented 403.523, 403.5275, 403.5365 FS. History–New 11-20-80, Formerly 17-17.54(4), Amended 6-26-84, 4-14-86, 1-22-91, 1-26-93, Formerly 17-17.545, Amended 5-24-10.

Fla. Admin. Code R. 62-17.560 Completeness of Application, Resolution Procedures

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.523(2), (5), 403.525(2) FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.56, 17-17.560, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.570 Insufficiency of Application, Resolution Procedures

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.523(3), (5), 403.525(3) FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.57, 17-17.570, Repealed 5-24-10.

Fla. Admin. Code R. 62-17.580 Conduct of Studies

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.523(2), (4), (14), 403.526(2), (7), (8), 403.527(5) FS. History–New 11-20-80, Amended 6-26-84, 4-15-85, Formerly 17-17.58, 17-17.580, Repealed 5-24-10.

Fla. Admin. Code R. 62-17.590 Agency Reports, Project Analysis

(1) The agency reports shall contain:

(a) A report as to the impacts of the project related to matters within the agency’s jurisdiction as required by Section 403.526(2), F.S.;

(b) Expected compliance with agency standards and an identification of any nonprocedural requirements not specifically listed in the application from which a variance or exemption is needed in order for the board to certify the corridor, including a statement of the agency’s position on each variance exception, exemption, or other relief within the agency’s jurisdiction needed by the project;

(c) A summary of potential impacts the proposed project may have on any proposed use of, connection to, or crossing over of properties or works of the agency, inclusive of the agency’s position on the request (i.e., support or opposition of the request) and any standards which the agency proposes the applicant should satisfy in order for the applicant to use, connect, or cross over the agency’s properties or works.

(d) Conclusions and recommendations regarding certification including reasons for recommendations and legal basis of denial, if the agency recommends denial of certification;

(e) Proposed Conditions of Certification, if the agency intends to recommend certification, on matters within the agency’s jurisdiction, listing the specific statute, rule, or ordinance, as applicable, that authorizes the proposed condition and including:

1. Any impact monitoring or postcertification review that needs to be conducted including reasons and legal basis; and,

2. Applicable conditions that may be necessary in the event the Siting Board or Secretary determines that the project should be certified.

(2) The Project Analysis prepared by the Department shall contain a statement of whether the proposed transmission line meets the electric and magnetic field standards adopted in Chapter 62-814, F.A.C.

History

• Rulemaking Authority 403.523(2), (3), (4), (5), (6), (7), (8), (9), (10) FS. Law Implemented 403.523(7), 403.526 FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.59, 17-17.590, Amended 5-24-10.

Fla. Admin. Code R. 62-17.600 Conditions of Certification

Any submittal of information pursuant to a requirement contained in a condition of certification is for the purpose of monitoring for compliance with the issued certification pursuant to Section 403.5317(2), F.S., and does not provide a point of entry for a person other than the applicant to an administrative determination on the adequacy of the submittal.

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.531, 403.523(8) FS. History–New 11-20-80, Amended 6-24-84, 4-15-85, Formerly 17-17.60, Amended 5-24-10.

Fla. Admin. Code R. 62-17.610 Proprietary Interest In State-owned Lands

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.531(3)(b) FS. History–New 5-24-10, Repealed 2-16-12.

Fla. Admin. Code R. 62-17.625 Alternate Corridor Processing

(1) The Department shall reject a proposed alternate corridor if one or more of the following criteria is met:

(a) The alternate does not have appropriate end points which connect to the remainder of the transmission line;

(b) The quality of the filing is so poor as to make it difficult for the Department to evaluate the proposal, or

(c) The information required by Section 403.5271(1)(a), F.S., has not been submitted; however, this shall be without prejudice to refile within the timeframes set forth in Section 403.5271(1), F.S.

(2) Acceptance by the Department of an alternate corridor proposed for consideration pursuant to Section 403.5271(1), F.S., above shall not require the Department to support or oppose certification of such alternate corridor.

(3) Acceptance by the applicant of an alternate corridor proposed for certification shall not require the applicant to support or oppose certification of such alternate corridor.

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.5271 FS. History–New 6-26-84, Formerly 17-17.625, Amended 5-24-10.

Fla. Admin. Code R. 62-17.630 Hearings Generally – Conduct, Public Service Commission’s Determination of Need

History

• Rulemaking Authority 403.523(1), (2) FS. Law Implemented 403.527(1), 403.537 FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.63, 17-17.630, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.640 Certification Hearings – Subject Matter, Procedure, Participants

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.527(2), (4), (5), (6), 403.529(3) FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.64, 17-17.640, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.650 Retention and Availability of Certification and Application, Copying Fees

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.527 FS. History–New 11-20-80, Amended 6-26-84, 4-15-85, Formerly 17-17.65, 17-17.650, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.660 Post-Certification Monitoring and Reporting

(1) At its own expense, the licensee shall conduct such postcertification monitoring and reporting required by the final order of certification of the effects arising from the location of the transmission line corridor, the construction of the transmission line or lines and the maintenance of the transmission line right-of-way pursuant to the conditions to assure continued compliance with the terms of certification. The monitoring and reporting shall be carried out in the manner prescribed in the conditions of certification established under Section 403.529(4), F.S. and this rule.

(2) Within 90 days after certification, the licensee shall provide a complete summary of those submittals where due dates are identified in the Conditions of Certification. Such submittals include monitoring reports, management plans, and wildlife surveys. The summary shall be provided to the Siting Coordination Office and any affected agency to which the submittal is required to be provided, in both electronic and paper form, using a sortable spreadsheet in a format substantially similar to the following.

Condition number

Requirement

Due date or timeframe

Name of agency to which the submittal is required to be provided

History

• Rulemaking Authority 403.532(1) FS. Law Implemented 403.523(10) FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.66, 17-17.660, Amended 5-24-10.

Fla. Admin. Code R. 62-17.665 Management and Storage of Surface Waters, Activities in Surface Waters and Wetlands, and Water Quality Postcertification Review

The requirements of this section apply to the construction, alteration, operation, maintenance, or repair (excluding custodial maintenance), abandonment, and removal of the transmission line, including access roads and structure pads, pursuant to the non-procedural requirements of Part IV of Chapter 373, F.S.

(1) The applicant must demonstrate compliance with the Department’s non-procedural requirements set forth in Chapter 62-330, F.A.C., and may, at its option, elect to do so:

(a) As part of the certification application and prior to the conduct of any construction activities within the landward extent of waters of the state, or

(b) As part of a postcertification review process for monitoring compliance with the conditions of certification and prior to the conduct of any construction activities within the landward extent of wetlands and other surface waters.

(2) Unless a project qualifies for an exemption under Section 373.406 or 403.813, F.S., authorization must be obtained from the Department or Siting Board prior to construction, alteration, operation, maintenance or repair (excluding routine custodial maintenance), abandonment, or removal of any surface water management system required for the certified project within a certified corridor or prior to any wetland vegetation management for the certified project within a certified corridor other than that considered to be routine custodial maintenance.

(3) The information submitted as part of subsection (1) of this rule, shall be in accordance with Section 403.5251, F.S., and the following. Regardless of the type of drawings submitted, water quality assurance information must be submitted. When information is to be submitted after certification, the applicant may choose to submit the postcertification review of the transmission line in segments.

(a) Generic drawings will be acceptable:

1. Where there is a defined bed or channel in which water flows (incised streams, rivers, etc., with little or no associated floodplain),

2. Where there are unchannelized wetlands or floodplains where the vegetation is predominantly herbaceous such as in a Cladium or Juncus marsh or grass prairie,

3. Where the forested wetlands which are only comprised of isolated cypress domes, isolated bayheads, cypress sloughs, or forested wetlands not covered under subparagraph (b)1. of this subsection,

4. Where there is any combination of subparagraph 1., 2., or 3. of this paragraph, or

5. In other areas if approved by the Department.

(b) Specific information will be required for construction located in the following areas unless otherwise agreed to between the Department and the applicant or as provided for in paragraph (a) of this subsection:

1. In forested wetlands, consisting of unchannelized wetlands or multiple watercourses in riverine floodplains, other than the isolated cypress domes, isolated bayheads, or cypress sloughs listed above,

2. In lakes; and,

3. In waters in which construction has the potential to interfere with navigation.

(c) Applicants must describe impacts and mitigation, if any, that provide reasonable assurance of compliance with the non-procedural requirements of Section 373.414, F.S., and applicable provisions of the appropriate water management district’s rules as well as the applicable interjurisdictional rule for where the line is being cited.

(d) The names and addresses of adjoining property owners will not be required as part of an application unless that owner is the Trustee of the Internal Improvement Trust Fund. Notification of the project will be given as part of the certification notice published in accordance with Section 403.5363, F.S., and Rule 62-17.750, F.A.C., and no further individual notice will be given by the Department.

(e) If upon ground truthing by the Department it is discovered that the site is of a different type of general contour or vegetation type other than the type provided or if the information provided is not accurate, the applicant shall submit a revised drawings or information, as applicable, to the Department. Such revised generic drawings or information shall be in accordance with the above requirements.

(4)(a) Where the certification is issued requiring the Department’s ministerial issuance of an easement or other interest in state lands the applicant shall provide to the Department’s Division of State Lands for each required easement or other interest in state lands information required in an application for such an interest. The applicant shall send a copy of the information submittal to the Departments Siting Coordination Office.

(b) In the event the applicant files information relating to activities in waters of the State as part of the application rather than after certification, the Department’s position on compliance with permitting standards shall be stated in the Department’s report required by paragraph 62-17.590(5)(b), F.A.C.

(5) The licensee shall apply directly to the U.S. Army Corps of Engineers (COE) for permits required by the COE for construction of the transmission line. A copy of the final COE permit shall be sent to the Siting Coordination Office and Environmental Resource Permitting program of the applicable District Office of the Department by the applicant.

(6) If the material is submitted after certification pursuant to this section, the following procedures shall be used by the Department for monitoring of compliance with the conditions of certification:

(a) The Department’s Siting Coordination Office shall coordinate the processing of reviews.

(b) Submittals of the non-procedural environmental resource-program (ERP) information typically provided in an ERP application shall be sent by the Department’s Siting Coordination Office to the applicable Water Management District, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, and any other agency that is identified in the conditions of certification. Copies will not be sent to adjacent landowners unless a landowner within or immediately adjacent to the corridor requests copies in writing.

(c) The Department shall promptly review the postcertification non-procedural ERP submittal for completeness. If found to be incomplete the licensee shall be so notified within 30 days of receipt; failure to notify the licensee accordingly shall constitute a finding of completeness. The provisions of Section 403.5317(2), F.S., govern the review completion deadlines.

(d) Within 90 days of filing of complete information, the department shall determine whether there is reasonable assurance of compliance with substantive agency regulations as required by the conditions of certification.

(e) If the reviewing agencies and offices determine, as a result of their monitoring review, that reasonable assurance of compliance with the conditions of certification has not been provided, the Department’s Siting Coordination Office shall notify the licensee with particularity and provide suggestions for possible corrective measures; however, this will not bar the Department from taking enforcement action in appropriate cases. Failure to notify the permittee in writing within 90 days of receipt of a complete information submittal shall constitute a compliance verification.

(f) For those areas where the Department has joint jurisdiction with the U.S. Army Corps of Engineers, the Department’s Siting Coordination Office shall provide to the Corps of Engineers and the licensee a letter stating that the application has met the requirements for 33 USC 1341 certification if:

1. The Department has notified the licensee that the monitoring review shows that the activities proposed are in compliance with the requirements of the Conditions of Certification, or

2. The Department has not made a determination whether the activities proposed are in compliance within 90 days of the licensee’s submission of complete information.

(7) If the Department has not notified the licensee within 90 days as specified in Section 403.5317(2), F.S., on the grounds of noncompliance with the requirements of the conditions of certification, the licensee may begin construction in such waters of the state pursuant to the terms of the conditions of certification and the subsequently submitted construction details. In such a case, the licensee shall notify the Department’s Siting Coordination Office and the applicable Department District’s Submerged Lands and Environmental Resource Office, or as otherwise indicated in the conditions of certification, of the place and anticipated starting date, i.e., county and month, of the construction activities in wetlands and other surface waters of the state no later than 10 working days prior to initiating any such activity.

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.531(2), (3) FS. History–New 4-15-85, Formerly 17-17.665, Amended 5-24-10.

Fla. Admin. Code R. 62-17.670 Review and Evaluation

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.532, 403.533 FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.67, 17-17.670, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.680 Modification of Certification

(1)(a) Except as otherwise provided in the conditions of certification, the licensee shall petition to modify certification for all changes in transmission line corridor alignment.

(b) Except as otherwise provided in the conditions of certification, expansions in right-of-way width following the narrowing of the certified area pursuant to Section. 403.522(10), F.S., will be considered modifications pursuant to Section 403.5315, F.S.

(c) Once all property interests required for the right-of-way have been acquired by the licensee, the area of the corridor certified narrows to only that land within the boundaries of the right-of-way, unless specified otherwise by the conditions of certification. Under the provisions of Section 403.522(10), F.S., this shall not be construed to require a modification or further agency review.

(2) Modifications requested by a licensee shall be processed in accordance with Section 403.5315(2), F.S.

(a) To be deemed properly filed, the licensee shall submit the petition for modification as determined below.

1. The licensee shall consult with the Department to determine the appropriate department and agency contacts needed to support the modification review. At a minimum, the request shall be submitted to the Department’s Siting Coordination program and to all parties to the original proceedings and any previous modification proceedings, at the last address on record for the party.

2. The licensee shall consult with the Department and parties to determine the number of electronic copies needed to support the modification review, and shall submit the number of electronic copies as determined.

(b) If the applicant is required by the Department to publish newspaper notice of the petition for modification pursuant to Section 403.5363(1)(b)6., F.S., such publication shall comply with Rule 62-17.750, F.A.C.

(c) The petition shall be reviewed for completeness. Within 25 days of the filing of the petition with the Department, agencies with jurisdictional matters affected by the proposal shall file completeness recommendations with the Department. Within 30 days of the filing of the petition with the Department, the Department shall issue a completeness determination. Any subsequent information filings intended to render the petition complete shall be reviewed by the agencies and the Department under these same deadlines.

(d) If no objections are received from the parties to the prior certification proceedings within 45 days after issuance of the notice by mail, or from other persons whose substantial interests will be affected by the modification within 30 days after publication of the newspaper notice specified in paragraph (2)(c), above, if such notice is required by the Department pursuant to Section 403.5363(1)(b)6., F.S., or within 30 days after publication of notice by the Department pursuant to Section 403.5363(3)(f), F.S., then the Department shall issue a Final Order on the modification consistent with the noticed proposed order. If written objections are filed that address only a portion of the proposed order on a modification, then the Department shall issue a Final Order on the portion of the modification to which no objections were timely filed, unless that portion of the requested modification is substantially related to or necessary to implement the portion to which written objections are timely filed.

(e) If objections are filed, the provisions of Chapter 120, F.S., shall govern.

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.5315 FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.68, 17-17.680, Amended 5-24-10, 5-9-13.

Fla. Admin. Code R. 62-17.682 Exceptions

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.527(3) FS. History–New 6-26-84, Formerly 17-17.682, Repealed 1-9-97.

Fla. Admin. Code R. 62-17.695 Emergency Replacement

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.531(2), 403.5315 FS. History–New 6-26-84, Formerly 17-17.695, Repealed 5-24-10.

Fla. Admin. Code R. 62-17.700 Revocation or Suspension of Certification

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.532 FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.70, 17-17.700, Repealed 5-24-10.

Fla. Admin. Code R. 62-17.710 Termination of Certification

History

• Rulemaking Authority 403.523(1), (8) FS. Law Implemented 403.529 FS. History–New 11-20-80, Amended 6-26-84, Formerly 17-17.71, 17-17.710, Repealed 5-24-10.

Fla. Admin. Code R. 62-17.750 Public Noticing Requirements

(1) The following forms used by the Department of Environmental Protection are adopted and incorporated by reference as outlined below. The forms are listed by rule number which is also the form number, with the subject, title and effective date. Copies of forms may be obtained from the Department of Environmental Protection, Siting Coordination Office, MS #48, 3900 Commonwealth Blvd., Tallahassee, FL 32399 or by accessing the Office’s web site at http://www.dep.state.fl.us/siting.

(a) The applicant shall provided newspaper notice as required by Section 403.5363, F.S., using the forms and procedures listed below.

1. Notice of Filing an Application – DEP Form 62-17.750(1) effective as of 5-24-10. This notice shall:

a. Be published within 21 days after filing with the department,

b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor,

c. Be no less than one half page in size (one full page in a tabloid size newspaper),

d. Contain a map, which occupies a minimum of one quarter of the display advertisement, clearly showing the corridors proper for certification inclusive of Selected Townships and Ranges, and where possible, Sections, with all patterns or other graphics used to indicate special features bold enough to register legibly on newsprint.

2. Notice of Certification Hearing – DEP Form 62-17.750(2) effective as of 5-24-10. This notice shall:

a. Be published not less than 65 days prior to scheduled certification hearing,

b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor not less than 65 days prior to any scheduled certification hearing,

c. Be no less than one half page in size (one full page in a tabloid size newspaper),

d. Have a heading in bold letters not less than 3/8ꞌꞌ inch high,

e. Include a map of the proposed corridor(s) location.

3. Notice of Cancellation of Certification Hearing – DEP Form 62-17.750(3) effective as of 5-24-10. This notice shall;

a. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor at least 3 days prior to any scheduled certification hearing,

b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper,

c. Have a heading in bold letters not less than 3/8ꞌꞌ inch high.

4. Notice of Deferment of Certification Hearing due to the Acceptance of Alternate Corridor(s) – DEP Form 62-17.750(4) effective as of 5-24-10. This notice shall:

a. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor,

b. Be published at least 7 days before the date of the originally scheduled certification hearing,

c. At a minimum, be one-eighth page in size in a standard size newspaper or one-fourth page in a tabloid size newspaper,

d. Not require a map to be included,

e. In the event that the certification hearing is deferred and dates of rescheduling are available, this notice may be combined with the notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5).

5. Notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5) effective as of 5-24-10. This notice is required to be provided by the applicant in those counties which are traversed by the corridor proposed in the application, but not by an accepted alternate corridor for which a hearing is being rescheduled. The notice shall:

a. Be published in the same newspapers the Notice of Filing of Application and Notice of Certification Hearing were published in for those particular counties,

b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper,

c. Have a heading in bold letters not less than 3/8 inch high,

d. Have a copy of a map or maps showing the location of all corridors proper for certification,

e. Be published at least 30 days prior to the rescheduled certification hearing.

6. Notice of Modification of Certified Transmission Line Corridor – DEP Form 62-17.750(6), effective as of 5-24-10. This notice shall:

a. Be published in a newspaper of general circulation in each county affected by any proposed modification,

b. Be one-half page in size in a standard size newspaper or one full page in a tabloid size newspaper,

c. Have a heading in bold letters not less than 3/8ꞌꞌ inch high,

d. Have a copy of a map showing modification location.

(b) The proponent of an alternate corridor shall provide newspaper notice as required by Section 403.5363, F.S., using the form and procedures listed below.

1. Notice of Filing an Alternate Corridor – DEP Form 62-17.750(8) effective as of 5-24-10. This notice shall:

a. Be published not less than 45 days before the rescheduled certification hearing,

b. Be published in a newspaper of general circulation within each county crossed by a transmission line corridor,

c. Be no less than one half page in size (one full page in a tabloid size newspaper),

d. Contain a map, which occupies a minimum of one quarter of the display advertisement, clearly showing the corridors proper for certification inclusive of Selected Townships and Ranges, and where possible, Sections, with all patterns or other graphics used to indicate special features bold enough to register legibly on newsprint.

2. Notice of Rescheduled Certification Hearing – DEP Form 62-17.750(5) effective as of 5-24-10. This notice is required to be provided by the proponent of an alternate corridor in those counties traversed by the proponent’s accepted alternate corridor, pursuant to Section 403.5363(2), F.S. The notice shall:

a. Be published in the same newspapers the Notice of Filing of Application and Notice of Certification Hearing were published in for those particular counties,

b. Be one-fourth page in size in a standard size newspaper or one-half page in a tabloid size newspaper,

c. Have a heading in bold letters not less than 3/8ꞌꞌ inch high,

d. Have a copy of a map or maps showing the location of all corridors proper for certification.

(c) A local government or regional planning council whose jurisdiction is to be crossed by a proposed transmission line corridor who proposes to conduct an Informational Public Meeting shall provide newspaper notice as required by Section 403.5363, F.S., using the form and procedures listed below.

1. Notice of Informational Public Meeting – DEP Form 62-17.750(7), effective as of 5-24-10. This notice shall be published by a local government or regional planning council in a newspaper of general circulation within whose jurisdiction is to be crossed by a proposed transmission line corridor and be published no later than 7 days prior to the date of the meeting.

2. The Applicant or alternate proponent shall provide direct notice to property owners located within one-quarter mile of the proposed boundaries of the proposed transmission line corridor(s) in accordance with Section 403.5363(5)(a) or 403.5363(6)(a), F.S. A copy of the direct notice provided by the applicant or the proponent of an alternate corridor and a list of all persons to whom the notice was delivered shall be provided to the Department’s Siting Coordination Office in electronic format by the applicant or the proponent of an alternate corridor, as applicable.

(2) Notice of Receipt of Application.

(3) Evidence of Notice Pursuant to Chapter 403, F.S.

(a) The applicant or alternate proponent, whichever is responsible for the publication of a newspaper notice, shall provide to the Siting Coordination Office:

1. A newspaper clipping of the actual notice, or a portable document format file of a copy of the actual notice, either of which includes the date of publication and the name of the newspaper in addition to a depiction of the full notice, within five (5) days of actual publication.

2. Proof of publication of each newspaper notice, within seven (7) days of the applicant’s or alternate proponent’s receipt of the proof of publication.

(b) Evidence of any notices shall be filed with the Administrative Law Judge.

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.527(6)(c), 403.5271(1), 403.5271(1)(c), 403.5315(2), 403.5363 FS. History–New 11-20-80, Formerly 17-17.61, Amended 6-26-84, Formerly 17-17.75, 17-17.750, Amended 5-24-10.

Fla. Admin. Code R. 62-17.760 Evidence of Notice, Additional Notice

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.523(6), (9), 403.527(1), (5), 403.5315 FS. History–New 11-20-80, Formerly 17-17.62, Amended 6-26-84, Formerly 17-17.76, 17-17.760, Repealed 5-24-10.

Fla. Admin. Code R. 62-14.610 Proprietary Interest In State-owned Lands

History

• Rulemaking Authority 403.523(1) FS. Law Implemented 403.531(3)(b) FS. History–New 5-24-10, Repealed 2-16-12.

Chapter 62-18 VEHICLE SOUND MEASUREMENT

Fla. Admin. Code R. 62-18.001 General

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5), 316.293(3) FS. History–New 11-27-74, Formerly 17-18.01, 17-18.001, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.020 Definitions

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5), 316.293(3) FS. History–New 11-27-74, Formerly 17-18.02, 17-18.020, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.030 Instrumentation

History

• Rulemaking Authority 316.293(3), 403.061(7) FS. Law Implemented 316.293, 316.293(3), 403.061, 403.415(5), (9) FS. History–New 1-27-74, Amended 7-19-77, Formerly 17-18.03, 17-18.030, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.040 Equipment Operators

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5), 316.293(3) FS. History–New 11-27-74, Formerly 17-18.04, 17-18.040, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.050 Location of Microphone

History

• Rulemaking Authority 403.061 FS. Law Implemented 316.293(3), 403.061, 403.415(5), (7) FS. History–New 11-27-74, Formerly 17-18.05, 17-18.050, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.060 Meter Operation

The sound level meter shall be operated in accordance with the instrument manufacturer’s instructions and as follows:

(1) Microphone Orientation. The microphone shall be oriented in relation to the source of the sound in accordance with instrument manufacturer’s instructions. Where the instruction manual is vague or does not include adequate information, a specific recommendation shall be obtained from the manufacturer.

(2) Meter Setting. The meter shall be set for the A-weighted network and fast response.

(3) Calibration Check. An external calibration check shall be made before and after each period of use and at intervals not exceeding 2 hours when the instrument is used longer than a 2 hour period.

(4) Meter Reading. The recorded reading shall be the highest sound level obtained as the vehicle passes by, disregarding unrelated peaks due to extraneous ambient noises.

(5) Ambient Sound. Measurements shall be made only when the A-weighted ambient sound level, including wind effects and all sources other than the vehicle being measured, is at least 10 dB lower than the sound level of the vehicle.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(9), 316.293(3) FS. History–New 11-27-74, Formerly 17-18.06, 17-18.060, Reviewed 8-26-26.

Fla. Admin. Code R. 62-18.070 Highway Measurement Sites

Sites for measuring sound from vehicles operated on highways shall meet the following requirements:

(1) Standard Sites. Standard measuring sites shall be open and free of sound-reflecting surfaces within a 100ꞌ foot radius of the microphone and a 100ꞌ foot radius of the microphone point as shown in Figure 1.

(2) Restricted Sites. Restricted measuring sites which do not meet standard site requirements because of large sound-reflecting surfaces within the clear area (see Figure 2) may be used by applying correction factors determined from the following procedure.

(a) Distance from sound-reflecting surfaces. The distances between the microphone line and its nearest sound-reflecting surface and between the centerline of the lane of travel and its nearest sound-reflecting surface shall be measured. These distances shall be located on the nomogram in Figure 3 on their respective axes, and the two marks shall be connected by a straight line. The point on the central axis that is intersected by the straight line indicates the dB correction factor that shall be applied to the sound level reading obtained from each vehicle passing through the site. (The dotted line in Figure 3 illustrates a - 2dB correction for sound-reflecting surfaces at 52ꞌ feet from the center of the lane of travel and 25ꞌ feet from the microphone line.)

1. The correction factors determined by the nomogram in Figure 3 shall be used only for sound-reflecting surfaces that are parallel to the lane of travel.

2. Basically parallel surfaces may have irregularities or projections of not more than 2 feet, measured perpendicular to the lane of travel, with the distance shown in Figures 2 and 3 measured from the nearest projecting surfaces.

3. Sound-reflecting surfaces not basically parallel to the lane of travel shall be 100 feet or more from the microphone and microphone point. This restriction does not apply to surfaces that are perpendicular to the lane of travel and behind the parallel surface for which corrections are made, such as a fence, or the side walls of a building.

(b) Distance from Embankments. Distance measurements from smooth embankments covered with vegetation, concrete, asphalt, dirt, or other relatively smooth cover shall be made from the point where the slope begins to exceed 45 degrees above horizontal. Measurements from non-smooth embankments shall be made from the point where the irregularity begins.

(c) Restrictions. Selection of sites shall be subject to the following restrictions:

1. Sound measurements shall not be made within 100ꞌ feet of a tunnel or overpass through which the roadway passes.

2. The microphone line and the center of the lane of travel shall not be within 50 feet of any overhang exceeding 2ꞌ feet, measured perpendicular to the lane of travel.

3. Sound measurements shall not be made when either the microphone line or the center of the lane of travel is within 10 feet of any sound-reflecting surface.

(d) Change in Sound Measuring Distance. When the distance from the microphone to the center of the lane of travel differs from the 50ꞌ foot standard at a restricted measuring site (see Figure 1), the dB correction for distance shall be algebraically added to the correction for reflections to obtain the total correction.

(3) Non-reflecting Surfaces. The following objects shall not be considered sound-reflecting surfaces:

(a) Any object such as a telephone booth or tree trunk less than 8 feet wide (measured in a direction parallel to the vehicle path, regardless of height). Such objects shall be either on the opposite side of the vehicle path from the microphone or more than 10ꞌ feet from a line passing through the microphone and microphone point.

(b) Any surface less than 1ꞌ foot in height, regardless of length, such as a curb or guard rail.

(c) Any vertical surface, such as a billboard, with the lower edge more than 15ꞌ feet above the roadway.

(d) Any uniformly smooth slanting surface with less than a 45 degree slope above horizontal.

(e) Any slanting surface with a 45 to 90 degree slope above horizontal where the point at which the slope begins to exceed 45 degrees is more than 15ꞌ feet above the roadway.

(f) Chain link fences or any vegetation such as trees, bushes, shrubs, hedges, and grass.

(4) Roadway Surface. The surface over which the vehicle travels shall be dry and relatively smooth concrete or asphalt pavement.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(9), 316.293(3) FS. History–New 11-27-74, Formerly 17-18.07, 17-18.070, Reviewed 8-26-26.

Fla. Admin. Code R. 62-18.080 Procedure for Reporting

History

• Rulemaking Authority 403.061 FS. Law Implemented 316.293(3), 403.061, 403.415(5) FS. History–New 11-27-74, Formerly 17-18.08, 17-18.080, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.090 Reference

PART II NEW VEHICLE TEST PROCEDURE

History

• Rulemaking Authority 403.061 FS. Law Implemented 316.293(3), 403.061, 403.415(5) FS. History–New 11-27-74, Formerly 17-18.09, 17-18.090, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.500 General

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5) FS. History–New 11-27-74, Formerly 17-18.50, 17-18.500, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.510 Definitions

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5) FS. History–New 11-27-74, Formerly 17-18.51, 17-18.510, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.520 Instrumentation

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5) FS. History–New 11-27-74, Formerly 17-18.52, 17-18.520, Repealed 11-26-15.

Fla. Admin. Code R. 62-18.530 Personnel

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5) FS. History–New 11-27-74, Formerly 17-18.53, 17-18.530, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.540 Meter Operation

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5) FS. History–New 11-27-74, Formerly 17-18.54, 17-18.540, Repealed 11-26-15.

Fla. Admin. Code R. 62-18.550 Measurement Sites for New Motor Vehicles

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5) FS. History–New 11-27-74, Formerly 17-18.55, 17-18.550, Repealed 11-26-15.

Fla. Admin. Code R. 62-18.560 New Motor Vehicle Tests

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5) FS. History–New 11-27-74, Formerly 17-18.56, 17-18.560, Repealed 11-26-15.

Fla. Admin. Code R. 62-18.570 Vehicle Sound Level

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5) FS. History–New 11-27-74, Formerly 17-18.57, 17-18.570, Repealed 11-26-15.

Fla. Admin. Code R. 62-18.580 Reference

PART III EXHAUST SYSTEM CERTIFICATION

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.415(5) FS. History–New 11-27-74, Formerly 17-18.58, 17-18.580, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.700 General

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.70, 17-18.700, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.710 Definitions

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.71, 17-18.710, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.720 Instrumentation

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.72, 17-18.720, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.730 Instrument Calibration

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.73, 17-18.730, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.740 Personnel

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.74, 17-18.740, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.750 Meter Operation

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.75, 17-18.750, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.760 Light Trucks, Buses and Passenger Cars

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.76, 17-18.760, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.770 Heavy Trucks, Truck Tractors, and Buses

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.77, 17-18.770, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.780 Motorcycles and Motor-driven Cycles

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.78, 17-18.780, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.790 Exception

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.79, 17-18.790, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.800 Certification

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.80, 17-18.800, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.810 Data

History

• Rulemaking Authority 403.061(7), 403.061(13), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.81, 17-18.810, Repealed 2-16-12.

Fla. Admin. Code R. 62-18.820 Effective Date

History

• Rulemaking Authority 403.061(7), 403.061(11), 403.415 FS. Law Implemented 403.415, 403.415(8) FS. History–New 7-19-77, Formerly 17-18.82, 17-18.820, Repealed 2-16-12.

Chapter 62-25 REGULATIONS OF STORMWATER DISCHARGE

Fla. Admin. Code R. 62-25.001 Scope

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 1-26-84, Formerly 17-25.01, 17-25.001, Repealed 2-8-17.

Fla. Admin. Code R. 62-25.020 Definitions

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 3-30-82, 1-26-84, 5-8-85, Formerly 17-25.02, 17-25.020, Repealed 2-8-17.

Fla. Admin. Code R. 62-25.025 Design and Performance Standards

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–New 1-26-84, Amended 3-28-84, 5-8-85, Formerly 17-25.025, Repealed 2-8-17.

Fla. Admin. Code R. 62-25.027 Legal Operation/Maintenance Entity Requirements

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–New 10-1-85, Formerly 17-25.027, Repealed 2-8-17.

Fla. Admin. Code R. 62-25.030 Exemptions

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 3-30-82, 1-26-84, 3-28-84, 5-8-85, Formerly 17-25.03, Amended 8-30-88, Formerly 17-25.030, Repealed 2-8-17.

Fla. Admin. Code R. 62-25.035 Stormwater General Permits

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–New 5-8-85, Formerly 17-25.035, Repealed 2-8-17.

Fla. Admin. Code R. 62-25.040 Construction Permit Requirements for New Stormwater Discharge Facilities

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 3-30-82, 1-26-84, 3-28-84, 5-8-85, Formerly 17-25.04, 17-25.040, Repealed 2-8-17.

Fla. Admin. Code R. 62-25.042 Permit Requirements for Wetland Stormwater Discharge Facilities

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–New 5-8-85, Formerly 17-25.042, Repealed 2-16-12.

Fla. Admin. Code R. 62-25.050 Delegation

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 1-26-84, 5-8-85, Formerly 17-25.05, 17-25.050, Repealed 2-16-12.

Fla. Admin. Code R. 62-25.060 Relationship to Other Permitting Requirements

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 1-26-84, 5-8-85, Formerly 17-25.06, 17-25.060, Repealed 2-8-17.

Fla. Admin. Code R. 62-25.080 General Provisions

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–Formerly 17-4.248, Amended and Renumbered 1-20-82, Formerly 17-25.08, 17-25.080, Repealed 2-16-12.

Fla. Admin. Code R. 62-25.801 General Permit for New Stormwater Discharge Facilities

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. History–New 5-8-85, Formerly 17-4.71, 17-4.710, 17-25.801, Repealed 2-8-17.

Fla. Admin. Code R. 62-25.900 Stormwater

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.4145 FS. Amended 3-31-84, 5-8-85, Formerly 17-1.215, Formerly 62-1.215, Repealed 2-8-17.

Chapter 62-29 CONCEPTUAL AGENCY REVIEW

Fla. Admin. Code R. 62-29.001 Intent

History

• Rulemaking Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.001, Amended 7-4-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-29.020 Definitions

History

• Rulemaking Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.020, Amended 7-4-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-29.030 Application for Conceptual Agency Review

History

• Rulemaking Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.109, 373.4145, 380.06(9), 403.0877 FS. History–New 8-13-86, Formerly 17-29.030, Amended 7-4-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-29.040 Permit Processing

History

• Rulemaking Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.413(4), 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.040, Amended 7-4-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-29.050 Standards for Issuance or Denial of Conceptual Agency Review

History

• Rulemaking Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.050, Amended 7-4-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-29.060 Effect of Approval or Denial

History

• Rulemaking Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.060, Repealed 2-16-12.

Fla. Admin. Code R. 62-29.070 Duration of Permits; Renewal

History

• Rulemaking Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.070, Repealed 2-16-12.

Fla. Admin. Code R. 62-29.080 Modification or Revocation

History

• Rulemaking Authority 373.026, 373.043, 373.044, 380.06(9) FS. Law Implemented 373.4145, 380.06(9) FS. History–New 8-13-86, Formerly 17-29.080, Repealed 2-16-12.

Chapter 62-40 WATER RESOURCE IMPLEMENTATION RULE

Fla. Admin. Code R. 62-40.110 Declaration and Intent

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.046, 373.0831, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS., Ch. 2002-296, s. 38, Laws of Florida. History–New 5-5-81, Formerly 17-40.01, Amended 12-5-88, Formerly 17-40.001, Amended 8-14-90, 12-17-91, Formerly 17-40.110, Amended 7-20-95, 5-7-05, Repealed 9-15-26.

Fla. Admin. Code R. 62-40.120 Department Rules

The water resource implementation rule shall also include the following Department rules:

(1) Surface Water Quality Standards, Chapter 62-302 and Rule 62-4.242, F.A.C.

(2) Ground Water Classes, Standards, and Exemptions, Chapter 62-520, F.A.C.

(3) Drinking Water Standards, Monitoring, and Reporting, Chapter 62-550, F.A.C.

History

• Rulemaking Authority 373.026(6), 373.036(1)(d), 373.043, 373.171, 403.061, 403.0615(3) FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.042, 373.046, 373.087, 373.103, 373.106, 373.171, 373.175, 373.223, 373.227, 373.246, 373.250, 373.418, 373.451, 373.453, 373.701, 373.703, 373.705, 373.707, 373.709, 373.711, 403.061,403.0615(3), 403.064, 403.0891 FS. History–New 8-14-90, Formerly 17-40.120, Amended 7-20-95, 5-7-05, Technical Change 3-6-26.

Fla. Admin. Code R. 62-40.210 Definitions

When used in this chapter and in the review of rules of the Districts pursuant to Section 373.114(2), F.S., unless the context or content of such District rule requires a narrower, more specific meaning, the following words shall mean:

(1) “Aquifer” shall mean a geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield useful quantities of ground water to wells, springs or surface water.

(2) “Basin Management Action Plan” means the document that sets forth the activities, schedule, and funding sources by which point and nonpoint dischargers will reduce pollutants discharged to impaired waters and meet the total maximum daily load established for those waters.

(3) “Conservation rate structure” means a schedule of utility water rates designed to promote efficient use of water by providing economic incentives.

(4) “Consumptive use means any use of water which reduces the supply from which it is withdrawn or diverted.

(5) “Department” means the Department of Environmental Protection.

(6) “Designated use” means the present and future most beneficial use of a body of water pursuant to the water quality classification system in Rule 62-302.400, F.A.C.

(7) “Detention” means the delay of stormwater runoff prior to its discharge.

(8) “District” means a water management district created pursuant to Section 373.069, F.S.

(9) “District Water Management Plan” is defined in Section 373.019, F.S.

(10) “Drought rate structure” means an element of a utility rate structure intended to provide an economic incentive to reduce water use during times of drought.

(11) “Floodplain” means land area subject to inundation by flood waters from a river, watercourse, lake, or coastal waters. Floodplains are delineated according to their estimated frequency of flooding.

(12) “Florida Water Plan” is defined in Section 373.019, F.S.

(13) “Governing Board” means the governing board of a water management district created under Section 373.069, F.S.

(14) “Ground water” means water beneath the surface of the ground, whether or not flowing through known and definite channels.

(15) “Ground water basin” means a ground water flow system that has defined boundaries and may include permeable materials that are capable of storing or furnishing a significant water supply. The basin includes both the surface area and the permeable materials beneath it.

(16) “High recharge areas” means areas contributing significant volumes of water which add to the storage and flow of an aquifer through vertical movement from the land surface. The term significant will vary geographically depending on the hydrologic characteristics of that aquifer.

(17) “Informative billing” means a system of providing water utility customers with useful information on the relationship between the amount of water they use and the cost associated with that use. Examples of the information include the utility’s rate structure, amount of water used in the current month, amount of water used in the previous month, amount of water used in the same month of the previous year, information on the average usage of all customers in the same customer class, seasonal rates and applicable months, drought rates, information on conserving water, or other information deemed appropriate by the utility.

(18) “Impact Offset” is defined in Section 373.250, F.S.

(19) “Impaired water” means a water body or water body segment that does not meet one or more of its designated uses due in whole or in part to discharges of pollutants, and has been listed as impaired by order of the Secretary in accordance with the procedures set forth in Chapter 62-303, F.A.C.

(20) “Natural systems” for the purpose of this rule means an ecological system supporting aquatic and wetland-dependent natural resources, including fish and aquatic and wetland-dependent wildlife habitat.

(21) “Pollutant load reduction goal,” or PLRG, means estimated numeric reductions in pollutant loadings, usually established in a Surface Water Improvement and Management or other watershed management plan, that are needed to preserve or restore designated uses of receiving bodies of water and maintain water quality consistent with applicable state water quality standards. In some cases, PLRGs may provide the scientific basis for the development of a Total Maximum Daily Load.

(22) “Potable quality water offset” means the amount of potable quality water (Class F-I, G-I, or G-II ground water or water meeting drinking water standards) saved through the use of reclaimed water expressed as a percentage of the total reclaimed water used. The potable quality water offset is calculated by dividing the amount of potable water saved by the amount of reclaimed water used and multiplying the quotient by 100.

(23) “Prime recharge areas” means areas that are generally within high recharge areas and are significant to present and future ground water uses including protection and maintenance of natural systems and water supply.

(24) “Reasonable-beneficial use” is defined in Section 373.019, F.S.

(25) “Recharge fraction” means the portion of reclaimed water used in a reuse system that recharges an underlying potable quality ground water (Class F-I, G-I, or G-II ground water) that is used for potable supply, or augments a Class I surface water, expressed as a percentage of the total reclaimed water used.

(26) “Reclaimed water,” except as specifically provided in Chapter 62-610, F.A.C., means water that has received at least secondary treatment and basic disinfection, and is reused after flowing out of a domestic wastewater treatment facility.

(27) “Regional water supply plan” is defined in Section 373.019, F.S.

(28) “Retention” means the prevention of stormwater runoff from direct discharge.

(29) “Reuse” means the deliberate application of reclaimed water, in compliance with Department and District rules, for a beneficial purpose.

(30) “Reuse Utility” means a utility that produces reclaimed water or distributes reclaimed water to end users.

(31) “Seasonal rate structure” means a utility water rate structure in which the amount charged per unit of water increases during the peak demand season.

(32) “Secretary” means the Secretary of the Department of Environmental Protection.

(33) “State water quality standards” means water quality standards adopted by the Environmental Regulation Commission pursuant to Chapter 403, F.S., including standards composed of designated most beneficial uses (classification of waters), the numerical and narrative criteria applied to the specific water use or classification, the Florida anti-degradation policy (Rules 62-4.242 and 62-302.300, F.A.C.), and the moderating provisions contained in Chapters 62-4, 62-302, 62-520, and 62-550, F.A.C.

(34) “Stormwater” means the water that results from a rainfall event.

(35) “Stormwater management program” is defined in Section 403.031, F.S.

(36) “Stormwater management system” is defined in Section 373.403, F.S.

(37) “Stormwater recycling” means capturing stormwater for irrigation or other beneficial use.

(38) “Stormwater utility” is defined in Section 403.031, F.S.

(39) “Substitution credit” means the use of reclaimed water to replace all or a portion of an existing permitted use of resource-limited surface water or groundwater, allowing a different user or use to initiate a withdrawal or increase its withdrawal from the same resource-limited surface water or groundwater source provided that the withdrawal creates no net adverse impact on the limited water resource or creates a net positive impact if required by district rule as part of a strategy to protect or recover a water resource.

(40) “Supplementation of a reclaimed water system” or “supplementation” means the addition of water by a reuse utility from another source to reclaimed water supplies.

(41) “Surface water” is defined in Section 373.019, F.S.

(42) “Total maximum daily load,” or TMDL, is defined in Section 403.031, F.S.

(43) “Water resource caution area” means a geographic area identified by a District as having existing water resource problems or an area in which water resource problems are projected to develop during the next twenty years.

(44) “Water” or “waters in the state” is defined in Section 373.019, F.S.

(45) “Watershed” is defined in Section 373.403, F.S.

(46) “Watershed management goal” means an overall goal for the management of water resources within a watershed.

History

• Rulemaking Authority 373.026(6), 373.036, 373.043, 373.171, 403.061, 403.0615(3) FS. Law Implemented 373.019, 373.023, 373.026, 373.036, 373.042, 373.0421, 373.046, 373.047, 373.087, 373.103, 373.106, 373.114, 373.145, 373.171, 373.175, 373.203, 373.223, 373.227, 373.246, 373.250, 373.403, 373.418, 373.451, 373.453, 373.701, 373.703, 373.705, 373.707, 373.709, 373.711, 403.031, 403.061, 403.0615, 403.064, 403.067, 403.0891 FS. History–New 5-5-81, Formerly 17-40.02, Amended 12-5-88, Formerly 17-40.020, Amended 8-14-90, 12-17-91, Formerly 17-40.210, Amended 7-20-95, 5-7-05, 5-6-13, 5-3-14, Technical Change 3-6-26.

Fla. Admin. Code R. 62-40.310 General Policies

The following statement of general water resource implementation policy shall guide Department review of water management programs, rules, and plans. Water management programs, rules and plans, where economically and environmentally feasible, not contrary to the public interest, and consistent with Florida law, shall seek to:

(1) Water Supply.

(a) Promote the availability of sufficient water for natural systems, and sufficient and affordable water for all existing and future reasonable-beneficial uses. Uses of water authorized by a permit shall be limited to reasonable-beneficial uses.

(b) Promote water resource development and water supply development pursuant to Sections 373.0361 and 373.0831, F.S.

(c) Reserve, by rule, water from use by permit applicants, in such locations and quantities, and for such seasons of the year, as in the judgment of the District or Department, may be required for the protection of fish and wildlife, or the public health and safety. Such reservations shall be subject to periodic review and revision in light of changed conditions. However, all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest.

(d) Champion and develop sound water conservation practices and public information programs.

(e) Advocate and direct the reuse of reclaimed water as an integral part of water and wastewater management programs, rules, and plans consistent with protection of the public health and surface and ground water quality.

(f) Improve the efficiency and effectiveness of reuse of reclaimed water by encouraging those uses that increase potable quality water offsets or recharge fractions, where consistent with water quality protection.

(g) Encourage the use of water of the lowest acceptable quality for the purpose intended.

(h) Encourage the development of local and regional surface and ground water supplies within districts rather than transfer water across District boundaries.

(i) Encourage the use of water from sources nearest the area of use or application whenever practical, in accordance with and subject to the limitations of Sections 373.016(4)(a) and (b), and 373.1962(9), 373.1963, 373.223(3), 373.229(3), F.S.

(j) Encourage demand management and the development of alternative water supplies, including water conservation, reuse of reclaimed water, desalination, stormwater and industrial wastewater recycling, recharge, and aquifer storage and recovery.

(k) Protect aquifers and surface waters from depletion through water conservation, use of alternative water supplies, implementation of water shortage plans, and preservation of the functions of high recharge areas.

(2) Water Quality Protection and Management.

(a) Restore and protect the quality of ground and surface water by solving current problems and ensuring high quality treatment for stormwater and wastewater.

(b) Identify existing and future public water supply areas and protect them from contamination.

(3) Flood Protection and Floodplain Protection.

(a) Encourage nonstructural solutions to water resource problems and consider nonstructural alternatives whenever structural works are proposed.

(b) Manage the construction and operation of facilities that dam, divert, or otherwise alter the flow of surface waters to minimize damage from flooding, soil erosion or excessive drainage.

(c) Encourage the management of floodplains and other flood hazard areas to prevent or reduce flood damage, consistent with establishment and maintenance of desirable hydrologic characteristics and associated natural systems.

(d) Encourage the development and implementation of a strict floodplain management program by state, regional, and local governments designed to preserve floodplain functions and associated natural systems.

(e) Avoid the expenditure of public funds that encourage or subsidize incompatible new development or significant expansion of existing development in high-hazard flood areas.

(f) Minimize flood-related emergencies, human disasters, loss of property, and other associated impacts.

(4) Natural Systems Protection and Management.

(a) Establish minimum flows and levels to protect water resources and the environmental values associated with marine, estuarine, freshwater, and wetlands ecology.

(b) Mitigate adverse impacts resulting from prior alteration of natural hydrologic patterns and fluctuations in surface and ground water levels.

(c) Utilize, preserve, restore, and enhance natural water management systems and discourage the channelization or other alteration of natural rivers, streams and lakes.

(5) Management Policies.

(a) Protect the water storage and water quality enhancement functions of wetlands, floodplains, and aquifer recharge areas through acquisition, enforcement of laws, and the application of land and water management practices that provide for compatible uses.

(b) Emphasize the prevention of pollution and other water resource problems.

(c) Develop interstate agreements and undertake cooperative programs with Alabama and Georgia to provide for coordinated management of surface and ground waters.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.0361, 373.0391, 373.0391, 373.0395, 373.042 373.0421, 373.046, 373.0831, 373.103, 373.171, 373.175, 373.1961, 373.1962(9), 373.1963, 373.223, 373.229, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS. History–New 7-1-81, Formerly 17-40.03, Amended 12-5-88, Formerly 17-40.030, Amended 8-13-90, 12-17-91, Formerly 17-40.310, Amended 7-20-95, 5-7-05.

Fla. Admin. Code R. 62-40.410 Water Supply Protection and Management

The following shall apply when the use of water is regulated pursuant to Part II of Chapter 373, F.S.:

(1) No permit shall be granted to authorize the use of water unless the applicant establishes that the proposed use is a reasonable-beneficial use, will not interfere with presently existing legal uses of water, and is consistent with the public interest.

(2) In determining whether a water use is a reasonable-beneficial use, the following factors will be considered:

(a) The quantity of water requested for the use;

(b) The demonstrated need for the use;

(c) The suitability of the use to the source of water;

(d) The purpose and value of the use;

(e) The extent and amount of harm caused;

(f) The practicality of mitigating any harm by adjusting the quantity or method of use;

(g) Whether the impact of the withdrawal extends to land not owned or legally controlled by the user;

(h) The method and efficiency of use;

(i) Water conservation measures taken and available to be taken;

(j) The feasibility of alternative sources such as reclaimed water, stormwater, aquifer storage and recovery, brackish water and salt water;

(k) The present and projected demand for the source of water;

(l) The long-term yield available from the source of water;

(m) The extent of water quality degradation caused;

(n) Whether the proposed use would cause or contribute to flood damage;

(o) Whether the proposed use would significantly induce or increase saltwater intrusion;

(p) The amount of water which can be withdrawn without causing harm to the resource;

(q) Whether the proposed use would adversely affect public health; and,

(r) Whether the proposed use would significantly affect natural systems.

(3) Water may be reserved from permit use in such locations and quantities, and for such seasons of the year, as is required for the protection of fish and wildlife or the public health or safety. Such reservations shall be subject to periodic review and revision in light of changed conditions. However, all presently existing legal users of water shall be protected so long as such use is not contrary to the public interest. Reservations shall be established in accordance with Rule 62-40.474, F.A.C.

(4) In implementing consumptive use permitting programs, the Department and the Districts shall recognize the rights of property owners, as limited by law, to make consumptive uses of water from their land, and the rights of other users, as limited by law, to make consumptive uses of water, for reasonable-beneficial uses in a manner consistent with the public interest that will not interfere with any presently existing legal use of water.

(5) Permits authorizing consumptive uses of water which cause unanticipated significant adverse impacts on off-site land uses existing at the time of permit application, or on legal uses of water existing at the time of permit application, shall be considered for modification, to curtail or abate the adverse impacts, unless the impacts can be mitigated by the permittee.

(6) In implementing consumptive use permitting programs, the Department and Districts shall strive to prevent harm to natural systems without the need for artificial maintenance of natural systems by pumped groundwater augmentation. If groundwater augmentation is authorized, reasonable assurance must be provided that such augmentation will not cause harm to natural systems.

(a) In the adoption and implementation of consumptive use permitting rules regarding use of pumped ground water to artificially maintain natural systems that otherwise would be adversely affected by withdrawals for water supply, consideration shall be given to the following factors:

1. Whether there are other economically, environmentally, and technically feasible means to avoid the impacts, including the use of alternative water sources, that would reduce or eliminate the impact. In determining economic feasibility, the Department and Districts shall consider costs and benefits;

2. The current condition of the natural system, and whether the system would be enhanced over the current condition through augmentation;

3. The geographic extent of the system to be augmented; and,

4. The amount of water made available for water supply compared to the amount required for augmentation.

(b) The use of reclaimed water and recycled stormwater is encouraged in situations when the augmentation of wetlands is conducted, where practical and consistent with water quality protection.

(c) This paragraph is not intended to exclude other means to avoid or mitigate adverse impacts to natural systems.

(7) The Districts shall determine whether Section 373.233, F.S., entitled “Competing Applications,” and implementing rules, are applicable to pending applications.

(8) For all water use classes, when economic conditions or population growth rates result in the actual water use being lower than permitted water use, a modification to reduce the permitted allocation shall only be made by the District when there is no reasonable likelihood that the allocation will be needed during the permit term. For agricultural consumptive use permits for irrigation, reductions in actual use compared to permitted consumptive use that are due to weather events, crop diseases, nursery stock availability, or changes in crop type shall not result in a permit modification by the District to reduce the permitted allocation during the term of the permit. Nothing in this subsection shall be construed to alter the Districts’ authority to reduce permitted consumptive use under circumstances not addressed by this subsection, nor be construed to alter the water conservation requirements of the permit for the duration of the permit.

(9) Any reallocation of an existing permitted quantity of water shall be reviewed by the District and shall be subject to full compliance with the applicable permitting criteria of the District.

History

• Rulemaking Authority 373.016, 373.019, 373.026(7), 373.036, 373.043, 373.171, 373.219, 373.223, 373.236 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.036, 373.042, 373.0421, 373.103, 373.171, 373.175, 373.219, 373.223, 373.233, 373.236, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.703, 403.064, 403.0891 FS. History–New 7-20-95, Amended 5-7-05, 5-7-06, 5-6-13.

Fla. Admin. Code R. 62-40.411 Water Shortage

(1) To the extent practical, the Districts shall seek to achieve a consistent approach to water shortage phases and related restrictions, particularly where political jurisdictions fall within more than one District.

(2) Except when an emergency order is issued under Sections 373.175 and 373.246, F.S., when a District declares a phased water shortage, it will impose water use restrictions in a minimum of three and a maximum of four phases depending upon the severity of the shortage. The phases are as follows:

(a) A “moderate” water shortage shall result in the imposition of Phase 1 water restrictions.

(b) A “severe” water shortage shall result in the imposition of Phase 2 water restrictions.

(c) An “extreme” water shortage shall result in the imposition of Phase 3 water restrictions.

(d) A “critical” water shortage shall result in the imposition of Phase 4 water restrictions.

(3) In implementing the phased water use restrictions, the factors the District shall consider include:

(a) The source of the water supply experiencing the shortage;

(b) The relative impact of the various categories of water users on the water body for which the shortage is declared;

(c) The availability and practicality of alternative sources;

(d) The economic impacts that the restrictions are likely to have on each category of user. To the degree practical, the governing board shall impose water use restrictions in a manner that distributes the burden of the restrictions equitably among water users, relative to their impact on the sources experiencing the shortage;

(e) The potential for harm to natural systems;

(f) Water shortage plans of regional water supply authorities and local governments;

(g) The appropriate geographic scope of the restrictions;

(h) The effectiveness of the restriction imposed in terms of reducing water use and protecting the relevant water supply source; and,

(i) The impact of the restriction on the public health, safety and welfare.

(4) Use classifications to be used when implementing water use restrictions shall include the following:

(a) Indoor uses, which include water used for indoor personal and household needs, and similar needs at businesses;

(b) Essential uses such as fire fighting, sanitation, health and medical use;

(c) Agricultural uses, such as production of vegetable and other crops, citrus and fruit trees, nursery plants, pasture, sod, aquaculture, soil flooding, and freeze protection;

(d) Commercial and industrial uses in which water is integral to the production of goods and services, including power generation;

(e) Water utility use, which may include both water used for potable supply and water used for maintaining and operating the supply system;

(f) Landscape irrigation, which is the outdoor irrigation of grass, trees and other plants in places such as residences, businesses, golf courses, parks, recreational areas, cemeteries, and public buildings; and,

(g) Other uses such as aesthetic ponds, fountains and water features, environmental restoration or enhancement, cooling and air conditioning, and navigation.

(5) The District may expand upon or further subdivide the use classifications in paragraphs (a) through (g), above, for purposes of issuing restrictions on specific uses.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.103, 373.171, 373.175, 373.1961, 373.223, 373.246, 373.250, 373.418, 403.064 FS. History–New 5-7-05.

Fla. Admin. Code R. 62-40.412 Water Conservation

(1) The overall water conservation goal of the state shall be to prevent and reduce wasteful, uneconomical, impractical, or unreasonable use of water resources. Conservation of water shall be required unless not economically, environmentally, or technically feasible.

(2) The Districts shall seek to accomplish this goal by:

(a) Assisting local governments, water supply utilities, regional water supply authorities, and other parties in designing and implementing plans and programs to conserve water. Such programs may include analyzing the effectiveness of particular water conservation measures.

(b) Coordinating with the Florida Department of Agriculture and Consumer Services in the development of agricultural water conservation programs and best management practices pursuant to Section 570.085, F.S.

(c) Requiring efficient use of water. In determining efficiency requirements, the Districts shall consider the effectiveness of efficiency measures already being implemented, including whether a public water supply utility has achieved the per capita water use goal if such a goal is adopted by rule by the appropriate District, and the need for and feasibility of additional measures. Efficiency measures that shall be considered, but not necessarily required of each water user, include the following:

1. Programs and measures that promote or require efficient irrigation practices,

2. Imposition of year-round restrictions, which may include variances or exemptions, on particular irrigation activities or irrigation sources. If time of day watering restrictions are implemented, watering shall be restricted from 10:00 a.m. to 4:00 p.m. to the extent practical,

3. Minimization of unaccounted-for water losses,

4. The use of conservaton rate structures wherever practical. A District shall afford a utility wide latitude in adopting a rate structure, and shall limit its review to whether the utility has provided reasonable assurance that the rate structure contains a schedule of rates designed to promote efficient use of water by providing economic incentives. The District shall not fix or revise rates or rate structures. Such rates may be phased in over time,

5. The use of informative billing practices for utilities. Such practices may be phased in over time,

6. Accurate measurement and reporting of water use, including metering; and,

7. Promotion of water-conserving plumbing fixtures and appliances, water-efficient landscaping, and automatic rain sensors or soil moisture sensors.

(d) Considering incentives, such as longer term permits, greater certainty of supply during water shortages, and permit extensions, for permittees that implement conservation measures significantly beyond those required in the permitting process;

(e) Striving to achieve consistent water conservation requirements for water users in cities, counties or other political jurisdictions that fall within more than one District;

(f) Maintaining public information and education programs for long- and short-term water conservation goals;

(g) Including water conservation in regional water supply planning; and,

(h) Promoting the efficient and effective reuse of reclaimed water and recycling of stormwater and industrial wastewater through measures including regulation, incentives, public education, and technical assistance consistent with the provisions of Rule 62-40.416, F.A.C.

(3) To demonstrate compliance with the efficiency requirement in paragraph (2)(c), a public water supply utility may propose a goal-based water conservation plan or program in lieu of the measures in subparagraphs 62-40.412(2)(c)1. through 7., F.A.C., above, or other standard requirements of a District. Such a plan or program shall allow flexibility in choosing water conservation measures to be implemented, and be affordable. The goal-based water conservation plan or program may include any of the measures in subparagraphs 62-40.412(2)(c)1. through 7., F.A.C., above, efficient and effective use of reclaimed or recycled water, educational or incentive programs, or other effective measures proposed by the water supply utility. Progress toward goals must be measurable. If a public water supply utility proposing a water conservation plan or program provides reasonable assurance that the plan or program will achieve effective water conservation at least as well as the standard water conservation requirements adopted by the appropriate District, then the District shall approve the plan or program, and the plan or program shall satisfy water conservation requirements imposed as a condition to obtaining a consumptive use permit. For purposes of this subsection, the term “public water supply utility” shall include both publicly-owned and privately-owned public water supply utilities.

(4) In order to incentivize conservation of water, if actual water use is less than permitted water use due to documented implementation of water conservation measures, the permitted allocation shall not be modified by the District due to these circumstances during the term of the permit. Nothing in this subsection shall be construed to alter the Districts’ authority to reduce permitted consumptive use under circumstances not addressed by this subsection.

History

• Rulemaking Authority 373.016, 373.019, 373.026, 373.036, 373.043, 373.171, 373.219, 373.223, 373.236 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.036, 373.103, 373.145, 373.171, 373.175, 373.219, 373.223, 373.227, 373.236, 373.246, 373.250, 373.418, 373.621, 373.703, 373.711, 403.064, 403.0891 FS. History– New 7-20-95, Amended 1-7-97, 5-7-05, 5-6-13.

Fla. Admin. Code R. 62-40.416 Water Reuse and Recycling

(1) The reuse of reclaimed water, the recycling of stormwater for irrigation and other beneficial uses, and the recycling of industrial wastewater, shall be promoted. In the adoption and implementation of consumptive use permitting rules, the reuse or recycling of water shall be required of water users unless objective evidence demonstrates that such reuse or recycling is not economically, environmentally, or technically feasible. In determining economic feasibility, the consideration shall include costs and benefits of the recycled or reclaimed water use, including the amount of reclaimed or recycled water that can be produced or used relative to the cost, and, in the case of a reclaimed water provider, the likelihood that potential end users will utilize the reclaimed water. The data included in the applicable reuse feasibility study performed pursuant to Section 403.064, F.S., and the study’s conclusions shall be considered by the District in making its determination of feasibility. A public water supply utility may develop a reuse or recycling plan and include that plan as part of its goal-based water conservation plan allowed by subsection 62-40.412(3), F.A.C., but inclusion of a reuse or recycling plan into a goal-based water conservation plan shall not alleviate any requirement to implement reuse when feasible.

(2) The Department encourages local governments to implement programs for reuse of reclaimed water, recycling of stormwater for irrigation and other beneficial uses, and recycling of industrial wastewater. The Districts are encouraged to establish incentives, such as longer permit duration and cost-sharing, for local governments and other interested parties to implement programs for reuse of reclaimed water and the recycling of stormwater. These rules shall not be deemed to pre-empt any such local reuse programs.

(3) Metering of reclaimed water use and implementation of volume-based charges, where a user of reclaimed water pays for service based, at least in part, on the actual metered volume of reclaimed water used, are encouraged for new reclaimed water facilities and programs to effectively manage reclaimed water supplies, when expected to result in more efficient and effective water use. The Districts are encouraged to develop incentives, including funding programs, for the installation of meters on reclaimed water.

(4) The Department and the Districts shall encourage reuse that is efficient and effective and will increase potable quality water offset or recharge fraction, where consistent with water quality protection.

(5) Reclaimed water may be presumed available to a consumptive use permit applicant when a reuse utility exists, which has determined it has uncommitted reclaimed water capacity, and that has distribution facilities, that are initially provided by the utility at its cost, to the site of affected applicant’s proposed use.

(6) Wastewater utilities located within, serving a population located within, or discharging within a water resource caution area shall perform the reuse feasibility analysis pursuant to Section 403.064, F.S. A reuse feasibility study prepared under section 403.064(6), F.S., satisfies a District requirement to prepare a reuse feasibility study.

(7) An applicant may propose an impact offset derived from the use of reclaimed water as part of a permit application.

(a) The portion of a surface water or groundwater allocation made available by an impact offset will be based on the beneficial water resource impact provided by the impact offset project. In evaluating the impact offset proposed and supported by analyses provided by the applicant, the District shall consider the degree to which the reclaimed water offsets harmful impacts otherwise caused by the withdrawal, including:

1. Saltwater intrusion,

2. Wetland or other surface water impacts,

3. Groundwater impacts,

4. Impacts to existing legal uses,

5. Harm to existing offsite land uses,

6. Other water resource impacts.

(b) If an applicant meets the conditions for permit issuance after consideration of the impact offset, the District shall incorporate the impact offset into the permit. The duration of an impact offset shall be limited to the duration of the consumptive use permit in which it is incorporated.

(c) For permits containing an impact offset, if a permittee proposes to decrease the amount of reclaimed water provided, change the location of the reclaimed water use, or change the location or amount of the surface water or groundwater withdrawal, the permittee shall apply for a permit modification for review by the District to determine the resource impacts associated with the change and determine if the conditions for permit issuance are met.

(d) When reviewing an application for renewal of a consumptive use permit containing an impact offset, the District shall renew the allocation based on the continuation of the impact offset, provided the conditions for permit issuance are met.

(e) Impact offsets shall not be granted for past actions or actions taken under existing permits unless the offsets are already authorized in a permit. This limitation shall not restrict the district’s consideration of the effect of past actions when considering the potential impacts of a permit application, or consideration of a permittee’s request to modify an existing permit to quantify the portion of the surface or groundwater allocation made and remaining available by an impact offset.

(8) In areas where withdrawals are unable to meet the conditions for permit issuance due to resource limitations, an applicant may propose the use of a substitution credit derived from the use of reclaimed water as part of a permit application. Such resource-limited areas include, but are not limited to, areas where a District has adopted rules limiting withdrawals from a specified water resource within a geographic area, and areas where withdrawals are limited by an adopted minimum flow or level or the associated recovery or prevention strategy.

(a) The proposed withdrawal, after application of the substitution credit, must result in no net adverse impact on the limited water resource or create a net positive impact if required by District rule as part of a strategy to protect or recover a water resource.

(b) The amount of the substitution credit may be the same as, more than, or less than the permitted withdrawal to be terminated, and is dependent on the following factors:

1. The specific timing, location, and amount of the existing permitted withdrawal to be terminated,

2. The specific timing and location of the desired withdrawal by the applicant,

3. The particular hydrogeology of the area; and,

4. Whether the District’s rule establishes a requirement for no net adverse impact or a net positive impact on the water resource.

(c) If an applicant meets the conditions for permit issuance after consideration of the substitution credit, the District shall incorporate the substitution credit into the permit. The duration of a substitution credit shall be limited to the duration of the consumptive use permit in which it is incorporated.

(d) The benefit of a substitution credit, or a portion thereof, shall accrue to the reuse utility providing the reclaimed water, or one or more entities designated by the reuse utility, provided the reuse utility or designated entity demonstrates a demand for the water and meets the conditions for permit issuance. If the reuse utility or designated entity cannot demonstrate a demand for all of the water made available by the reduction in the permitted withdrawal, any remaining water shall be available for use in accordance with District rules.

(e) For permits containing a substitution credit, if a permittee proposes to decrease the amount of reclaimed water provided, change the location of the reclaimed water use, or change the location or amount of the surface water or groundwater withdrawal, the permittee shall apply for a permit modification for review by the District to determine the resource impacts associated with the change and determine if the conditions for permit issuance are met.

(f) When reviewing an application for renewal of a consumptive use permit containing a substitution credit, the District shall renew the allocation based on the continuation of the substitution credit provided the conditions for permit issuance are met.

(g) Substitution credits shall not be granted for past actions or actions taken under existing permits, unless the credits are already authorized in a permit. This limitation shall not restrict the District’s consideration of the effect of past actions when considering the potential impacts of a permit application, or consideration of a permittee’s request to modify an existing permit to quantify the amount of any substitution credit remaining available.

(h) Substitution credits recognized in a consumptive use permit cannot be transferred to other users, except in the same manner as the permit itself and in compliance with applicable water management district rules.

(9) Supplementation of reclaimed water systems is a strategy that can benefit Florida’s water resources by reducing reliance on traditional water supplies and maximizing the use of reclaimed water.

(a) When use of water for supplementation is requested, as part of the permit application review, the District shall require that an applicant provide reasonable assurance that:

1. The use of water for supplementation will increase the amount of reuse, thereby resulting in a reduction in the overall use of higher quality sources for non-potable purposes, and, if applicable, reduce the amount of reclaimed water disposal to the extent practicable; and,

2. The quantity of water requested for supplementation to achieve the requirements in subparagraph 62-40.416(9)(a)1., F.A.C., has been minimized to the extent environmentally, technically, and economically feasible. When using stormwater for supplementation, environmental feasibility may include a consideration of water quality benefits achieved by reducing stormwater discharges.

(b) To meet the requirements of subparagraph 62-40.416(9)(a)2., F.A.C., the District shall require a plan from the applicant for the use of supplemental water in the reclaimed water system. The plan shall demonstrate why the requested quantity of water is needed to reasonably meet demands, how it will be used efficiently in the system, and, if applicable, how it will be used to expand the system. The plan shall consider the following elements to the extent applicable to the utility’s requested use of supplemental water in the reclaimed water system:

1. Use of lower quality water sources,

2. The appropriate level of certainty to be provided to end users during drought conditions,

3. Reclaimed water interconnects with other reuse utilities,

4. Providing customers with information explaining the need to conservatively use reclaimed water,

5. Regulatory constraints or requirements on discharges,

6. Demand management when using the supplemental water, which can include financial incentives for voluntary use reductions,

7. Creation of additional storage; and,

8. Any other measures identified by the applicant to demonstrate the efficient use of supplemental water.

History

• Rulemaking Authority 373.016, 373.019, 373.026(7), 373.036, 373.043, 373.171, 373.223, 373.236 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.036, 373.039, 373.042, 373.0421, 373.103, 373.171, 373.175, 373.223, 373.233, 373.236, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.703, 403.0615(3), 403.064, 403.0891 FS. History–New 7-20-95, Amended 1-7-97, 5-7-05, 5-6-13, 5-3-14.

Fla. Admin. Code R. 62-40.422 Interdistrict Transfer

The following shall apply to the transfers of surface and ground water where such transfers are regulated pursuant to Part II of Chapter 373, F.S.:

(1) The transfer or use of surface water across District boundaries shall require approval of each involved District. The transfer or use of ground water across District boundaries shall require approval of the District where the withdrawal of ground water occurs.

(2) In deciding whether the transfer and use of surface water across District boundaries is consistent with the public interest pursuant to Section 373.223, F.S., the Districts shall consider the extent to which:

(a) Comprehensive water conservation and reuse programs are implemented and enforced in the area of need;

(b) The major costs, benefits, and environmental impacts have been adequately determined including the impact on both the supplying and receiving areas;

(c) The transfer is an environmentally and economically acceptable method to supply water for the given purpose;

(d) The present and projected water needs of the supplying area are reasonably determined and can be satisfied even if the transfer takes place;

(e) The transfer plan incorporates a regional approach to water supply and distribution including, where appropriate, plans for eventual interconnection of water supply sources; and,

(f) The transfer is otherwise consistent with the public interest based upon evidence presented.

(3) The interdistrict transfer and use of ground water must meet the requirements of Section 373.2295, F.S.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.103, 373.171, 373.1961, 373.223, 373.2295, 373.246, 373.250, 373.418, 403.064, 403.0891 FS. History–New 5-5-81, Formerly 17-40.05, 17-40.050, 17-40.402, 17-40.422, Amended 7-20-95, 5-7-05.

Fla. Admin. Code R. 62-40.425 Watershed Management

(1)A comprehensive watershed approach provides an important tool for managing the cumulative impacts of human activities. Where possible, the Department and Districts shall promote a watershed management approach for addressing water quality, water supply, natural systems, and floodplain management and flood protection issues, and shall encourage the development of comprehensive watershed management plans.

(2) It shall be a goal of watershed management programs to protect, preserve and restore the quality, quantity, and environmental values of surface and ground water resources; to prevent existing environmental, water quantity, and water quality problems from becoming worse; to reduce existing flooding problems; improve existing water quality; promote and protect the availability of sufficient water for all existing and future reasonable-beneficial uses and natural systems, and preserve or restore natural systems.

(3) As part of SWIM plans or other watershed management plans, programs, or rules, the Department, water management districts, Department of Agriculture and Consumer Services, and local governments are encouraged to implement protection measures as appropriate to enhance or preserve surface water resources. Protection measures shall be based on scientific evaluations of targeted surface waters and the need for enhancement or preservation of these surface water resources. Protection measures shall include a combination of nonstructural pollution prevention best management practices and structural best management practices.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.171, 373.1961, 373.223, 373.418, 373.451, 373.453, 403.064, 403.067, 403.0891 FS. History–New 5-7-05.

Fla. Admin. Code R. 62-40.430 Water Quality

(1) Standards.

(a) Water quality standards shall be enforced pursuant to Chapters 403 and 373, F.S., to protect waters of the State from point and nonpoint sources of pollution.

(b) State water quality standards adopted by Department rule shall be a part of the Florida Water Plan.

(2) Impaired Waters.

(a) The Department shall use a watershed management approach to develop and implement Total Maximum Daily Loads (TMDLs) for impaired waters. It shall be a goal of the TMDL watershed management program to increase coordination, cooperation, and communication between state, regional, and local government agencies, the private sector, and all watershed stakeholders. The Department’s TMDL watershed management program shall strive to maximize the use of existing plans, data, and information developed for the watershed by the Districts and others.

(b) The TMDL watershed management program is based on a rotating basin approach throughout Florida’s fifty-two major watersheds. To implement this approach, thirty groups of watersheds, or basins, have been specified in which a five-phase cycle will be conducted, as applicable. The five phases are:

1. Preliminary basin status evaluation leading to the development of a planning list of potentially impaired waters pursuant to Chapter 62-303, F.A.C.,

2. Strategic monitoring to collect additional information to be used in the development of a basin assessment, the development of a revised planning list of potentially impaired waters, and a verified list of impaired waters to be adopted by the Secretary and submitted to the United States Environmental Protection Agency as the state’s basin specific 303(d) list of impaired waters,

3. The development of TMDLs for waters on the verified (and subsequently adopted 303(d)) list of impaired waters,

4. The development by DEP, in cooperation with the Districts and basin stakeholders, of a basin management action plan for waters with TMDLs that specifies the equitable allocation of needed pollutant load reductions, and the specific activities to be undertaken to reduce pollutant loadings to achieve the TMDLs and to restore the designated uses of the impaired waters. The basin management action plan shall include, where applicable, any written agreements among stakeholders expressing their commitment to implement the plan; and,

5. The implementation of the basin management action plan and the monitoring of results.

(c) In the development of a basin management action plan, the Department shall consider regulatory and non-regulatory alternatives to reduce basin-specific nonpoint source loadings, including programs developed by the Florida Department of Agriculture and Consumer Services pursuant to Section 403.067, F.S., and the need for the adoption of basin-specific criteria for stormwater management systems. When determined by the Department, in consultation with the Districts, to be necessary to achieve a TMDL, the Department and Districts shall adopt such criteria for permitting stormwater management systems.

(d) In cooperation and coordination with the Department, the Districts shall establish pollutant load reduction goals for SWIM and other water bodies, and include them as part of a SWIM plan, other watershed management plan, or District-wide or basin-specific rules.

(e) To accelerate the restoration of impaired waters, the Districts and local governments, in cooperation and coordination with the Department, are encouraged to give priority to the development of watershed management plans for waters on the verified (and subsequently adopted 303(d)) list of impaired waters. Watershed management goals, which may include pollutant load reduction goals, shall be included in watershed management plans developed by the Districts and are encouraged in watershed management plans developed by local governments. These plans and goals shall be coordinated with the Surface Water Improvement and Management (SWIM) program, the Department’s TMDL watershed management program, the National Estuary Program, and the National Pollutant Discharge Elimination System (NPDES) program.

(f) The Department and the Districts shall consider economic, environmental, and technical factors in implementing programs to achieve total maximum daily loads or pollutant load reduction goals. These goals shall be considered in local comprehensive plans submitted or updated in accordance with Section 403.0891(3)(a), F.S.

(g) Waters on the state’s verified (and subsequently adopted 303(d)) list of impaired waters shall receive priority consideration for water quality restoration activities undertaken by federal agencies, state agencies, and water management districts. Local governments shall be encouraged to give similar priority consideration to waters on the list.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1), 373.103, 373.171, 373.418, FS. History–New 5-5-81, Formerly 17-40.06, 17-40.060, 17-40.403, 17-40.430, Amended 5-7-05.

Fla. Admin. Code R. 62-40.431 Stormwater Management Program

(1) Effective stormwater management is essential to reduce existing nonpoint source pollution problems and to protect surface water resources from stormwater pollution from existing and new land uses.

(2) The following goals are established to provide guidance for Department, District and local government stormwater management programs:

(a) The primary goals of the state’s stormwater management program are to maintain, to the maximum extent practical, during and after construction and development, the pre-development stormwater characteristics of a site; to reduce stream channel erosion, pollution, siltation, sedimentation and flooding; to reduce stormwater pollutant loadings discharged to waters to preserve or restore designated uses; to reduce the loss of fresh water resources by encouraging the recycling of stormwater; to enhance ground water recharge by promoting infiltration of stormwater in areas with appropriate soils and geology; to maintain the appropriate salinity regimes in estuaries needed to support the natural flora and fauna; and to address stormwater management on a watershed basis to provide cost effective water quality and water quantity solutions to specific watershed problems.

(b) Inadequate management of stormwater throughout a watershed increases stormwater flows and velocities, contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and other conveyances, disrupts the functions of natural systems, undermines floodplain management and flood control efforts in downstream communities, reduces ground water recharge, threatens public health and safety, and is the primary source of pollutant loading entering Florida’s rivers, lakes and estuaries, thus causing degradation of water quality and a loss of designated uses. Accordingly, it is a goal to eliminate the discharge of inadequately managed stormwater into waters and to minimize other adverse impacts on natural systems, property and public health, safety and welfare caused by improperly managed stormwater.

(c) It shall be a goal of stormwater management programs to reduce unacceptable pollutant loadings from older stormwater management systems, constructed before the adoption of Chapter 62-25, F.A.C., (February 1, 1982), by developing and implementing watershed management and stormwater master plans, or District-wide or basin-specific rules, or by implementing basin management action plans.

(3) Stormwater Management Program Implementation – As required by Section 403.0891, F.S., the Department, Districts and local governments shall cooperatively implement on a watershed basis a comprehensive stormwater management program designed to minimize the adverse effects of stormwater on land and water resources. Stormwater management programs shall use a combination of nonstructural and structural best management practices as needed to protect, maintain and restore the functions of natural systems and the designated uses of waters. The stormwater management program shall be implemented through the regulation of new surface water management systems under Part IV of Chapter 373, F.S., the regulation of existing stormwater management systems under the National Pollutant Discharge Elimination System stormwater program pursuant to Section 403.0885, F.S., and through watershed management programs. All such programs shall be mutually compatible with the State Comprehensive Plan (Chapter 187, F.S.), the Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163, F.S.), the Surface Water Improvement and Management Act (Sections 373.451-.4595, F.S.), the Florida Watershed Restoration Act (Section 403.067, F.S.), Chapters 373 and 403, F.S., and this chapter. Programs shall be implemented in a manner that will improve and restore the quality of waters that do not meet their designated uses, and maintain the water quality of those waters that meet them.

(a) The Department shall be the lead agency responsible for coordinating the statewide stormwater management program by establishing goals, objectives and guidance for the development and implementation of stormwater management programs by the Districts and local governments.

(b) The Districts that have implemented a comprehensive surface water management program under Part IV of Chapter 373, F.S., shall be the chief administrators of the state stormwater management program. The Department shall implement the state’s stormwater management program in Districts that do not have the economic and technical resources to implement a comprehensive surface water management program.

(c) The Department shall adopt TMDLs and the Department or the Districts, as appropriate to their responsibilities, shall set regional stormwater management goals and policies on a watershed basis, including stormwater pollutant load reduction goals necessary to preserve or restore designated uses of receiving waters. For water bodies that fully attain their designated use and meet the applicable state water quality standards, the pollutant load reduction goal shall be zero. Such goals and policies shall be implemented through District SWIM plans, through TMDLs adopted by the Department and their associated basin management action plans, through preparation of watershed management plans in other designated priority watersheds, and through appropriate regulations.

(d) Local governments shall establish stormwater management programs that are in accordance with the state and District stormwater quality and quantity goals. Local governments may establish a stormwater utility or other dedicated source of funding to implement a local stormwater management program which shall include the development and implementation of a stormwater master plan and provisions, such as an operating permit system, to ensure that stormwater systems are properly operated and maintained.

(e) Section 189.4155, F.S., requires that special districts, such as water control districts created under Chapter 298, F.S., must be consistent with the applicable local government comprehensive plan adopted under Part II, Chapter 163, F.S., in the construction and expansion of public facilities, or in a major alteration which affects the quantity or quality of the level of service of a public facility. In order to be consistent with the goals and objectives of the water resource implementation rule, water control districts created pursuant to Chapter 298, F.S., or special act, and other special districts as defined in Section 189.403(1), F.S., which have water management powers are encouraged to:

1. Be consistent with Department and district stormwater quality and quantity goals for the construction and expansion of water control and related facilities.

2. Operate existing water control and related facilities consistent with applicable Department and district stormwater quality and quantity goals. Any modification or alteration of existing water control and related facilities shall be consistent with Department and district stormwater quality and quantity goals.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.046, 373.103, 373.171, 373.1961, 373.223, 373.413, 373.418, 373.451, 373.453, 403.064, 403.067, 403.0885, 403.0891, 403.0893 FS. History–New 5-7-05.

Fla. Admin. Code R. 62-40.432 Surface Water Management Regulation

(1) The following shall apply to the regulation of surface water pursuant to Part IV, Chapter 373, F.S.

(a) The construction and operation of facilities which manage or store surface waters, or other facilities which drain, divert, impound, discharge into, or otherwise impact waters in the state, and the improvements served by such facilities, shall not be harmful to water resources or inconsistent with the objectives of the Department or District.

(b) In determining the harm to water resources and consistency with the objectives of the Department or District, consideration shall be given to:

1. The impact of the facilities on:

a. Water quality,

b. Fish and wildlife,

c. Wetlands, floodplains, estuaries, and other water resources,

d. Reasonable-beneficial uses of water,

e. Recreation,

f. Navigation,

g. Saltwater or pollution intrusion, including any barrier line established pursuant to Section 373.033, F.S.,

h. Minimum flows and levels established pursuant to Sections 373.042 and 373.0421, F.S.; and,

i. Other factors relating to the public health, safety, and welfare.

2. Whether the facilities meet applicable design or performance standards,

3. Whether adequate provisions exist for the continued satisfactory operation and maintenance of the facilities; and,

4. The ability of the facilities and related improvements to avoid increased damage to off-site property, water resources, natural systems or the public caused by:

a. Floodplain development, encroachment or other alteration,

b. Retardance, acceleration or diversion of flowing water,

c. Reduction of natural water storage capacity,

d. Facility failure, or

e. Other actions adversely affecting off-site water flows or levels.

(2) Minimum Stormwater Treatment Performance Standards.

(a) When a stormwater management system complies with rules establishing the design and performance criteria for such systems, there shall be a rebuttable presumption that the discharge from such systems will comply with state water quality standards. The Department and the Districts, pursuant to Section 373.418, F.S., shall, when adopting rules pertaining to stormwater management systems, specify design and performance criteria for new stormwater management systems which:

1. Achieve at least 80 percent reduction of the average annual load of pollutants that would cause or contribute to violations of state water quality standards.

2. Achieve at least 95 percent reduction of the average annual load of pollutants that would cause or contribute to violations of state water quality standards in Outstanding Florida Waters.

3. If a District or the Department adopts basin-specific design and performance criteria in order to achieve an adopted TMDL or the pollutant load reduction goals established in a watershed management plan, such design and performance criteria shall replace those specified in subparagraphs 1. and 2., above.

(b) Erosion and sediment control plans detailing appropriate methods to retain sediment on-site shall be required for land disturbing activities.

(c) The pollutant loading from older stormwater management systems shall be reduced as necessary to restore or maintain the designated uses of waters.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.042, 373.0421, 373.103, 373.171, 373.1961, 373.223, 373.250, 373.413, 373.414, 373.416, 373.418, 373.451, 373.453, 403.064, 403.067, 403.0891 FS. History– New 2-20-91, Formerly 17-40.420, 17-40.432, Amended 7-20-95, 1-7-97, 5-7-05.

Fla. Admin. Code R. 62-40.450 Flood Protection

Flood protection shall be implemented within the context of other interrelated water management responsibilities. Florida will continue to be dependent on some structural water control facilities constructed in the past, and new structural facilities may sometimes be unavoidable in addressing existing and future flooding or other water-related problems. However, the Department and the Districts shall promote nonstructural flood protection strategies.

(1) Flood Protection Responsibilities.

(a) Local governments have the primary responsibility for regulating land use, enforcing construction criteria for flood prone areas, establishing local stormwater management levels of service, constructing and maintaining local flood control facilities, and otherwise preventing flood damages to new and existing development.

(b) District flood protection responsibilities relate primarily to serving regional water conveyance and storage needs. Districts have the authority to plan, construct, and operate water control facilities, as well as regulate discharges into works of the District or facilities controlled by the District.

(c) Rules adopted under Part IV of Chapter 373, F.S., shall require that appropriate precautions be taken to protect public health and safety in the event of failure of any water control structures, such as pumps and levees.

(d) Department and District programs shall discourage siting of incompatible public facilities in floodplains and flood prone areas wherever possible. Where no feasible alternative exists to siting an incompatible public facility in a floodplain or flood prone area, the facility shall be designed to minimize flood damage risks and adverse impacts on natural flood detention and conveyance capabilities.

(e) Each District shall clearly define in its District Water Management Plan, in basin specific plans, or rules, the District’s responsibilities related to flood emergencies, including its mechanisms for coordinating with emergency response agencies.

(2) District Facilities.

(a) District water control facilities shall be operated and maintained in accordance with established plans or schedules.

(b) Districts shall assess the design characteristics and operational practices of existing District water control facilities to ascertain opportunities for minimizing adverse impacts on water resources and associated natural systems. Where feasible, facility design modifications or operational changes shall be implemented to enhance natural systems or fulfill other water management responsibilities.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.086, 373.103, 373.171, 373.413, 373.414, 373.416, 373.418, 403.0891 FS. History–New 7-20-95, Amended 5-7-05.

Fla. Admin. Code R. 62-40.458 Floodplain Protection

(1) The Department and the Districts shall provide leadership to protect and enhance the beneficial values of floodplains. This shall include active coordination with local governments, special districts, and related programs of federal agencies, the Department of Community Affairs, and the Department of Health. Nothing in this section is intended to diminish the Department’s and District’s responsibilities regarding flood protection.

(a) The Department and the Districts shall pursue development of adequate floodplain protection information, including:

1. District determination of flood levels for priority floodplains. At a minimum, this shall include the 100-year flood level, with other flood levels to be determined where needed for watershed-specific management purposes. Districts are encouraged to determine the 10-year flood level for the purpose of assisting the Department of Health to regulate septic tanks in floodplains pursuant to Rule 64E-6.007, F.A.C.

2. Identification of floodplains with valuable natural systems for potential acquisition.

3. Identification of floodplain areas having potential for restoration of natural flow regimes.

(b) The Department and the Districts shall develop jointly a comprehensive system of coordinated planning, management, and acquisition to protect and, where feasible, enhance floodplain functions and associated natural systems in floodplains. This system shall include implementation of policies and programs to:

1. Acquire and maintain valuable natural systems in floodplains.

2. Protect the natural water storage and water conveyance capabilities of floodplains.

3. Where feasible, enhance or restore natural flow regimes of rivers and watercourses that have been altered for water control purposes.

(c) District regulatory programs shall minimize incompatible activities in floodplains. For regulated floodplains, each District, at a minimum, shall ensure that such activities:

1. Will not result in significant adverse effects on surface and ground water levels and surface water flows.

2. Will not result in significant adverse impacts to existing surface water storage and conveyance capabilities of the floodplain.

3. Will not result in significant adverse impacts to the operation of District facilities.

4. Will assure that any surface water management facilities associated with the proposed activity will be capable of being effectively operated and maintained.

5. Will not cause violations of water quality standards in receiving waters.

6. Will not otherwise be harmful to water resources.

(2) Each District shall provide to local governments and water control districts available information regarding floodplain delineation and floodplain functions and associated natural systems, and assist in developing effective measures to manage floodplains consistently with this chapter.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.103, 373.171, 373.413, 373.414, 373.416, 373.418 FS. History–New 7-20-95, Amended 5-7-05.

Fla. Admin. Code R. 62-40.470 Natural Systems Protection and Management

Programs, plans, and rules to accomplish natural systems protection and management shall include rules to address adverse cumulative impacts, the establishment of minimum flows and levels (Rule 62-40.473, F.A.C.) and may include reservations and other protection measures for surface water resources (Rules 62-40.425, 62-40.430, and 62-40.431, F.A.C.).

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.042, 373.0421, 373.103, 373.171, 373.1961, 373.223, 373.246, 373.418, 403.0891 FS. History–New 7-20-95, Amended 5-7-05.

Fla. Admin. Code R. 62-40.473 Minimum Flows and Levels

(1) In establishing minimum flows and levels pursuant to Sections 373.042 and 373.0421, F.S., consideration shall be given to natural seasonal fluctuations in water flows or levels, nonconsumptive uses, and environmental values associated with coastal, estuarine, riverine, spring, aquatic, and wetlands ecology, including:

(a) Recreation in and on the water;

(b) Fish and wildlife habitats and the passage of fish;

(c) Estuarine resources;

(d) Transfer of detrital material;

(e) Maintenance of freshwater storage and supply;

(f) Aesthetic and scenic attributes;

(g) Filtration and absorption of nutrients and other pollutants;

(h) Sediment loads;

(i) Water quality; and,

(j) Navigation.

(2) Water bodies experience variations in water flows and levels that often contribute to significant functions of the system, such as those described in subsection 62-40.473(1), F.A.C. Minimum flows and levels should be expressed as multiple flows or levels defining a minimum hydrologic regime, to the extent practical and necessary to establish the limit beyond which further withdrawals would be significantly harmful to the water resources or the ecology of the area as provided in Section 373.042(1), F.S. However, a minimum flow or level need not be expressed as multiple flows or levels if other resource protection tools, such as reservations implemented to protect fish and wildlife or public health and safety, that provide equivalent or greater protection of the hydrologic regime of the water body, are developed and adopted in coordination with the minimum flow or level.

(3) Established minimum flows and levels shall be protected during the construction and operation of water resource projects and, where relevant, to the issuance of permits pursuant to Section 373.086 and Parts II and IV of Chapter 373, F.S.

(4) Established minimum flows and levels shall be protected during declaration of a water shortage pursuant to Section 373.175 or 373.246, F.S., except when the drought is of a severity that such protection would compromise public health and safety, or such protection would otherwise be inconsistent with the public interest as determined by the governing board.

(5) After the effective date of this rule, recovery and prevention strategies shall be developed as follows:

(a) At the time the minimum flow or level is initially adopted, if the water body is below or is projected to fall within 20 years below, the initial minimum flow or level, the District shall simultaneously approve the recovery or prevention strategy required by Section 373.0421(2), F.S.

(b) After the initial adoption, when a minimum flow or level is revised, if the water body is below or is projected to fall within 20 years below, the revised minimum flow or level, the District shall simultaneously approve the recovery or prevention strategy required by Section 373.0421(2), F.S. or modify an existing recovery or prevention strategy. The District may adopt the revised minimum flow and level prior to the approval of the recovery or prevention strategy if the revised minimum flow and level is less constraining on existing or projected future consumptive uses.

(c) For water bodies without a prevention or recovery strategy, when the District determines the water body has fallen below, or is projected to fall within 20 years below, the adopted minimum flow or level, the District shall expeditiously approve a recovery or prevention strategy.

(6) A minimum flow or level recovery or prevention strategy shall include phasing or a timetable which will allow for the provision of sufficient water supplies for all existing and projected reasonable-beneficial uses, including development of additional water supplies and implementation of conservation and other efficiency measures concurrent with, to the extent practical, and to offset, reductions in permitted withdrawals. In the development of a recovery or prevention strategy, the District shall consider the need for water resource or water supply development, additional regulatory measures, and implementation of additional water conservation measures.

(7) All approved applicable recovery or prevention strategies shall be expeditiously implemented.

(8) For water bodies that are below their established minimum flow or level, renewals of existing consumptive use permits, increased allocations, or new withdrawals shall be allowed only if they meet applicable District rules, including those implementing the recovery or prevention strategy.

(9) A minimum flow and level priority list and schedule, meeting the requirements of Section 373.042(2), F.S. shall be submitted to the Department annually. At a minimum, the schedule shall include the minimum flows and levels planned for establishment in the next three years. The priority list shall also identify whether or not voluntary scientific peer review will be undertaken for those water bodies and the basis for the decision. The District shall identify any water bodies included on the list which may be affected by withdrawals occurring in other Districts.

(10) In determining whether to conduct voluntary independent scientific peer review of all scientific or technical data, methodologies, and models, including all scientific and technical assumptions employed in each model, used to establish a minimum flow or level pursuant to Section 373.042(4), F.S., the District shall consider:

(a) Whether or not the minimum flow or level is based on a previously peer-reviewed methodology;

(b) The level of complexity of the minimum flow and level;

(c) Whether or not the water body for which the minimum flow and level is being developed includes water resource characteristics that are substantially different than previously peer reviewed minimum flows or levels; and,

(d) The degree of public concern regarding the minimum flow and level.

History

• Rulemaking Authority 373.026(7), 373.036, 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.042, 373.0421, 373.086, 373.103, 373.171, 373.175, 373.223, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.451, 373.453, 373.703, 403.064, 403.0891 FS. History–New 5-5-81, Formerly 17-40.08, Amended 12-5-88, Formerly 17-40.080, 17-40.405, Formerly 17-40.473, Amended 7-20-95, 5-7-05, 5-6-13.

Fla. Admin. Code R. 62-40.474 Reservations

(1) The governing board or the department, by rule, may reserve water from use by permit applicants, pursuant to Section 373.223(4), F.S., in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlife or the public health and safety. Such reservations shall be subject to periodic review at least every five years, and revised if necessary in light of changed conditions. However, all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest.

(a) Reservations may be used for the protection of fish and wildlife to:

1. Aid in a recovery or prevention strategy for a water resource with an established minimum flow or level,

2. Aid in the restoration of natural systems which provide fish and wildlife habitat,

3. Protect flows or levels that support fish and wildlife before harm occurs,

4. Protect fish and wildlife within an Outstanding Florida Water, an Aquatic Preserve, a state park, or other publicly owned conservation land with significant ecological value, or

5. Prevent withdrawals in any other circumstance required to protect fish and wildlife.

(b) Reservations may be used for the protection of public health and safety to:

1. Prevent sinkhole formation,

2. Prevent or decrease saltwater intrusion,

3. Prevent the movement or withdrawal of groundwater pollutants, or

4. Prevent withdrawals in any other circumstance required to protect public health and safety.

(2) Reservations shall, to the extent practical, clearly describe the location, quantity, timing, and distribution of the water reserved.

(3) Reservations can be adopted prospectively for water quantities anticipated to be made available. When water is reserved prospectively, the reservation rule shall state when the quantities are anticipated to become available and how the reserved quantities will be adjusted if the actual water made available is different than the quantity anticipated.

(4) The District shall conduct an independent scientific peer review of all scientific or technical data, methodologies, and models, including all scientific and technical assumptions employed in each model, used to establish a reservation if the District determines such a review is needed. In determining whether to conduct an independent scientific peer review the District should include consideration of:

(a) Whether or not the reservation is based on a previously peer-reviewed methodology;

(b) The level of complexity of the reservation;

(c) Whether or not the water body for which the reservation is being developed includes water resource characteristics that are substantially different than previously peer reviewed reservations; and,

(d) The degree of public concern regarding the reservation.

(5) During the annual development and submittal of the minimum flow and level priority list, required by Section 373.042, F.S., the District shall identify any water bodies for which a reservation of water is proposed under Section 373.223(4), F.S., and whether the reservation is proposed for the protection of fish and wildlife or the public health and safety.

History

• Rulemaking Authority 373.026(7), 373.036, 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036, 373.042, 373.046, 373.103, 373.106, 373.171, 373.175, 373.223, 373.246, 373.418, 373.451, 373.453, 373.703, 403.0891 FS. History–New 5-7-06, Amended 5-6-13.

Fla. Admin. Code R. 62-40.475 Protection Measures for Surface Water Resources

History

• Rulemaking Authority 373.026(7), 373.043, 373.036(1)(d), 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0.0395, 373.042, 373.046, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.413, 373.4135, 373.414, 373.416, 373.418, 373.423, 373.429, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS. History–New 7-20-95, Repealed 5-7-05.

Fla. Admin. Code R. 62-40.510 Florida Water Plan

(1) In cooperation with the water management districts, regional water supply authorities, and others, the Department shall develop the Florida Water Plan pursuant to Section 373.036, F.S. The Florida Water Plan shall include:

(a) The programs and activities of the Department related to water supply, water quality, flood protection and floodplain management, and natural systems;

(b) The water quality standards of the Department;

(c) The District Water Management Plans or District Strategic Plan;

(d) Performance measures; and,

(e) This chapter.

(2) At a minimum, the Florida Water Plan shall be made available on the Department’s website and updated annually.

History

• Rulemaking Authority 373.026(7), 373.036(1), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1), 373.042, 373.0421 373.046, 373.103, 373.171, 373.175, 373.185, 373.223, 373.246, 373.250, 373.413, 373.4135, 373.414, 373.416, 373.418, 373.423, 373.429, 373.451, 373.453, 373.703, 373.711, 403.0615(3), 403.064, 403.0891 FS. History–New 7-20-95, Amended 5-7-05, 5-6-13.

Fla. Admin. Code R. 62-40.520 District Water Management Plans

(1) Each District shall develop a comprehensive water management plan, based on at least a 20-year planning period, which is consistent with the provisions of this chapter and Section 373.036(2), F.S. District Water Management Plans are comprehensive guides to the Districts in carrying out all their water resource management responsibilities, including water supply, flood protection, water quality management, and protection of natural systems. The plans shall provide general directions and strategies for District activities, programs, and rules. They will be implemented by a schedule of specific actions of the District, which may include program development, water resource projects, land acquisition, funding, technical assistance, facility operations, and rule development.

(2) Districtwide water supply assessments shall be developed in accordance with the provisions of Section 373.036(2)(b)4., F.S. The assessment shall determine whether sources of water are adequate to supply water for all existing and projected reasonable-beneficial uses and to sustain the water resources and related natural systems. If it is determined that sources of water are not adequate, the affected area shall have a regional water supply plan developed in accordance with Section 373.0361, F.S., and Rule 62-40.531, F.A.C. The determinations shall be updated at least every 5 years. Within one year of the determination that a regional water supply plan is needed for a water supply planning region, the region shall also be designated as a water resource caution area. Domestic wastewater treatment facilities which are located within, or serve a population located within, or discharge within water resource caution areas shall be subject to the reuse requirements of Section 403.064, F.S.

(3) Based on economic, environmental, and technical analyses, a course of remedial or preventive action shall be specified for each current and anticipated future water resource problem that is identified in the District Plan.

(4) Remedial or preventive measures shall include consideration of measures such as: water supply development projects; water resource development projects; water resource restoration projects pursuant to Section 403.0615, F.S.; purchase of lands; conservation of water; development of alternative supplies such as desalination, aquifer storage and recovery, reuse of reclaimed water and recycling of stormwater and industrial wastewater; enforcement of Department or District rules; and actions taken by local government pursuant to a local government comprehensive plan, local ordinance, or zoning regulation.

(5) District Plans shall also for identify areas where collection of data, water resource investigations, water resource development or conservation projects, or the implementation of regulatory programs are necessary to address water resource problems.

(6) District plans shall address, at a minimum, the following subjects:

(a) District overview;

(b) Water management goals;

(c) Water management responsibilities, including:

1. Water supply protection and management, to include source protection and regional water supply planning,

2. Flood protection and floodplain management. This shall include the District’s strategies and priorities for managing facilities and floodplains, and a schedule for District mapping of floodplains,

3. Water quality protection and management for both surface water and ground water. This shall include the District’s strategies, priorities, and schedules to develop pollutant load reduction goals and any basin-specific rules as needed to assure that a TMDL is met; and,

4. Natural systems protection and management. This shall reflect the schedule for establishing minimum flows and levels required by Section 373.0421, F.S.

(d) For each water management responsibility, the following shall be included:

1. Resource assessments, including identification of regionally significant water resource issues and problems within the District,

2. Water management policies for identified issues and problems; and,

3. Implementation strategies for each issue and problem, including tasks, schedules, responsible entities, and measurable benchmarks.

(e) Integrated plan, describing how the water problems of each county in the District are identified and addressed;

(f) Intergovernmental coordination, including measures to implement the plan through coordination with the plans and programs of local, regional, state and federal agencies and governments; and,

(g) Procedures for plan development, including definitions and public participation.

(7) A District Water Management Plan is intended to be a planning document and is not self-executing.

(8) At a minimum, District Plans shall be updated and progress assessed every five years. Each District shall include in the Plan a procedure for evaluation of the District’s progress towards implementing the Plan. Such procedure shall occur at least annually and a copy of the evaluation shall be provided to the Department each year by November 15 for review and comment.

(9) Plan development shall include adequate opportunity for participation by the public and governments. Districts shall be deemed to have afforded adequate opportunity for participation to the public and governments, by holding public workshops with advance notice by publication as required by law. Districts shall hold public workshops at least 90 days before Plan acceptance or amendment by the Governing Board. At the workshops, a preliminary list of schedules to be included in the Plan shall be presented.

History

• Rulemaking Authority 373.026(7), 373.036, 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036, 373.361, 373.0391, 373.0395, 373.042, 373.0421, 373.046, 373.086, 373.103, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.250, 373.413, 373.414, 373.416, 373.418, 373.423, 373.429, 373.451, 373.453, 403.0615, 403.064, 403.067, 403.0891 FS. History–New 5-5-81, Formerly 17-40.09, Amended 12-5-88, Formerly 17-40.090, Amended 8-14-90, 12-17-91, Formerly 17-40.501, 17-40.520, Amended 7-20-95, 1-7-97, 5-7-05.

Fla. Admin. Code R. 62-40.530 Department Review of District Water Management Plans

(1) After acceptance by the District Governing Board, District Water Management Plans shall be submitted to the Department.

(2) Within sixty days after receipt of a Plan for review, the Department shall review each Plan for consistency with this chapter and recommend any changes to the Governing Board.

(3) After consideration of the comments and recommendations of the Department, the Governing Board shall, within sixty days, either incorporate the recommended changes into the Plan or state in the Plan, with specificity, the reasons for not incorporating the changes.

(4) Plan amendments shall follow the same process as for initial Plan acceptance.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.046, 373.086, 373.103, 373.106, 373.171, 373.175, 373.185, 373.1961, 373.223, 373.246, 373.413, 373.4135, 373.414, 373.416, 373.418, 373.423, 373.429, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS. History–New 7-20-95.

Fla. Admin. Code R. 62-40.531 Regional Water Supply Plans

(1) As part of the District Water Management Plans, each governing board shall develop a regional water supply plan for each water supply planning region for which the districtwide water supply assessment determines that sources of water are not adequate to supply water for all existing and projected reasonable-beneficial uses and to sustain the surface and ground water resources and related natural systems. The planning shall be conducted in an open public process, in coordination and cooperation with local governments, regional water supply authorities, government-owned and privately owned water utilities, self-suppliers, and other affected and interested parties. As part of meeting the requirements of Section 373.0361, F.S., for regional water supply plans:

(a) The planning horizon shall be at least 20 years and shall include intermediate water use projections for every 5 year interval.

(b) Water use estimates and projections shall be provided for the following use classes:

1. Public Supply,

2. Domestic Self Supply,

3. Agriculture,

4. Recreational Irrigation,

5. Industrial/Commercial/Institutional,

6. Thermoelectric.

(c) The University of Florida’s Bureau of Economic and Business Research (BEBR) medium population projections shall be considered for population projections. Any adjustment or deviation from the BEBR projections shall be fully described and the original BEBR data shall be presented along with the adjusted data.

(2) Each plan shall fully evaluate water resource and water supply development options, including the potential for water conservation, and alternative sources such as desalination, aquifer storage and recovery, use of surface water reservoirs, and reuse of reclaimed water, to meet the regional demands.

(3) Conservation and reuse shall be evaluated to the same degree as other options.

(4) Each plan shall include water supply development projects as defined in Section 373.019(21), F.S. Water supply development projects generally include activities intended to benefit specific individual utilities or other users. Examples include the following types of projects when they provide a localized benefit: wellfields, aquifer storage and recovery wells, desalination facilities, water storage reservoirs, conservation programs to improve water use efficiency, and reuse facilities.

(5) Each plan shall provide a list of water resource development projects as defined in Section 373.019(19), F.S. Water resource development projects generally include those intended to provide regional benefits as opposed to utility-specific or localized benefits. A project that benefits a specific utility may be classified as a water resource development project if that project provides a regional benefit. Examples include the following types of projects when they provide regional benefits: aquifer recharge, aquifer storage and recovery systems, water storage reservoirs, reuse of reclaimed water projects, and water conservation programs to improve water use efficiency. Water resource development may also include studies that match reclaimed water generators with users, feasibility studies, pilot projects, demonstration projects, and mobile irrigation labs.

(6) The Regional Water Supply Plan shall include any recovery or prevention strategy developed for an adopted minimum flow or level, and account for any existing reservations of water.

(7) At the time a district updates its regional water supply plan, if the district intends to establish water reservations, it shall include in its plan a priority list and schedule for the establishment of the proposed reservations. However, nothing in this subsection shall preclude a district from adopting a rule establishing a water reservation not identified on the priority list or schedule.

(8) Each plan, or the determination of the need for a plan, shall be updated at least every 5 years.

History

• Rulemaking Authority 373.026(7), 373.036(1), (2), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.0395, 373.042, 373.046, 373.103, 373.106, 373.171, 373.1961, 373.223, 373.246, 373.418, 373.451, 373.453, 403.0615(3), 403.064, 403.0891 FS. History–New 5-7-05.

Fla. Admin. Code R. 62-40.540 Water Data

(1) All local governments, water management districts, and state agencies are directed by Section 373.026(2), F.S., to cooperate with the Department in making available to the Department such scientific or factual data as they may possess. The Department shall prescribe the format and ensure the quality control for all water quality data collected or submitted.

(2) The Department is the state’s lead water quality monitoring agency and central repository for surface water and ground water information. The Department shall coordinate Department, District, state agency, and local government water quality monitoring activities to improve data and reduce costs.

(3) The Department’s FLORIDA STORET water quality data base shall be the central repository of the state’s water quality data. To assure that it is readily available to the public and for use in the Department’s watershed management program, all appropriate water quality data collected by the Department, Districts, local governments, and state agencies shall be placed in the FLORIDA STORET system within one year of collection.

(4) The Department’s biennial state water quality assessment (the “305(b) Report”) shall be the state’s general guide to water quality assessment and should be used as the basis for assessments unless more recent, more accurate, or more detailed information is available. The 305(b) report shall be based, in part, on the assessment methodology set forth in Chapter 62-303, F.A.C.

(5) Appropriate monitoring of water quality and water withdrawal shall be required of permittees.

(6) The Districts shall implement a strategy for measuring, estimating, and reporting withdrawal and use of water by permitted and exempted users. Thresholds for measurement requirements and reporting applicable to permittees shall be established and adopted by rule; however, all water use permits for more than an annual average of 100,000 gallons per day shall require that the use be measured by a cost-effective method. This information shall be reported to the Districts at reasonable intervals. The Districts are encouraged to summarize and analyze water use in the District at least annually.

(7) The Department and the Districts shall coordinate in the development and implementation of a standardized computerized statewide data base and methodology to track activities authorized by environmental resource permits in wetlands and waters of the state. The data base will be designed to provide for the rapid exchange of information between the Department and the Districts. The Department will serve as the central repository for environmental resource permit data and shall specify the data base organization and electronic format in which the data are to be provided by the Districts.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.036(1)(d), 373.103, 373.171, 373.413, 373.414, 373.418, FS. History–New 7-20-95, Amended 5-7-05.

Fla. Admin. Code R. 62-40.610 Review and Application

(1) This chapter shall be reviewed periodically, but in no case less frequently than once every four years.

(2) Within 12 months after adoption or revision of this chapter, the Districts shall have revised their rules and reviewed their programs to be consistent with the provisions contained herein.

(3) District rules adopted after this chapter takes effect shall be reviewed by the Department for consistency with this chapter.

(4) At the request of the Department, each District shall initiate rulemaking pursuant to Chapter 120, F.S., to consider changes the Department determines to be necessary to assure consistency with this chapter. The Department shall be made a party to the proceeding.

(5) District water policies may be adopted which are consistent with this chapter, but which take into account differing regional water resource characteristics and needs.

(6) A District shall initiate rulemaking or program review to consider implementation of programs pursuant to Sections 373.033, 373.042, 373.106, Part II, Part III, or Part IV of Chapter 373, F.S., where the Department or District determines that present or projected conditions of water shortages, saltwater intrusion, flooding, drainage, or other water resource problems, prevent or threaten to prevent the achievement of reasonable-beneficial uses, the protection of fish and wildlife, or the attainment of other water resource implementation rule directives.

(7) The Department and Districts shall assist other governmental entities in the development of plans, ordinances, or other programs to promote consistency with this chapter and District water management plans.

History

• Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.0421, 373.103, 373.106, 373.114, 373.171, 373.1961, 373.223, 373.246, 373.250, 373.418, 403.064, 403.0891 FS. History–New 5-5-81, Formerly 17-40.10, 17-40.100, Amended 12-17-91, Formerly 17-40.601, Formerly 17-40.610, Amended 7-20-95, 5-7-05.

Chapter 62-41 REGULATION OF THE CONSUMPTIVE USES OF WATER

Fla. Admin. Code R. 62-41.300 Central Florida Water Initiative Area, Scope of Rules

(1) Rules 62-41.300 through 62-41.305, F.A.C., and the Central Florida Water Initiative Area Supplemental Applicant’s Handbook (Supplemental Applicant’s Handbook), incorporated by reference in subsection 62-41.302(1), F.A.C., implements Section 373.0465(2)(d), F.S. These rules apply to consumptive use permit applicants and permittees with withdrawal points within the Central Florida Water Initiative (CFWI) Area as defined in Section 373.0465(2)(a), F.S, and supersede those portions of Chapters 40C-2, 40D-2 and 40E-2, F.A.C., regulating the consumptive use of water in the CFWI area explicitly identified in this chapter. These rules only supersede the rules of the St. Johns River Water Management District (SJRWMD), Southwest Florida Water Management District (SWFWMD) or South Florida Water Management District (SFWMD) (collectively, the “Districts”) when explicitly provided in Rules 62-41.300 through 62-41.305, F.A.C., or the Supplemental Applicant’s Handbook.

(2) The SJRWMD shall implement this chapter and the provisions of the Supplemental Applicant’s Handbook in conjunction with provisions of Chapter 40C-2, F.A.C., and the SJRWMD Applicant’s Handbook for the Consumptive Uses of Water, which is incorporated in paragraph 40C-2.101(1)(a), F.A.C., (https://www.flrules.org/gateway/reference.asp?No=Ref-09818).

(3) The SWFWMD shall implement this chapter and the provisions of the Supplemental Applicant’s Handbook in conjunction with provisions of Chapter 40D-2, F.A.C., and the SWFWMD Water Use Permit Applicant’s Handbook, Part B, which is incorporated in paragraph 40D-2.091(1)(a), F.A.C., (https://www.flrules.org/Gateway/reference.asp?No=Ref-11553).

(4) The SFWMD shall implement this chapter and the provisions of the Supplemental Applicant’s Handbook in conjunction with provisions of Chapter 40E-2, F.A.C., and the Applicant’s Handbook for Water Use Permit Applications, which is incorporated in subsection 40E-2.091(1), F.A.C., (http://www.flrules.org/Gateway/reference.asp?No=Ref-05791).

(5) Paragraph 373.0465(2)(e), F.S., directs the Districts to implement these rules within the CFWI Area without the need for further rulemaking.

(6) The phrases “Consumptive Use Permit,” “Consumptive Use Permitting,” or “Consumptive Use Applicants” are synonymous with “Water Use Permit,” “Water Use Permitting,” or “Water Use Applicants,” respectively, as used by the Districts.

(7) The Central Florida Water Initiative region is a water resource caution area for purposes of Chapters 403 and 62-40, F.A.C.

(8) The water management districts shall develop and execute a memorandum of agreement providing for the procedural requirements of a coordinated review of permits within the CFWI Area.

History

• Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.016, 373.019, 373.026, 373.036, 373.0363, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.233, 373.229, 373.709 FS. History–New 6-21-21.

Fla. Admin. Code R. 62-41.301 Central Florida Water Initiative Area, Uniform Conditions for Issuance of Permits

For consumptive use applicants with withdrawal points within the CFWI Area, this rule supersedes in their entirety subsections 40C-2.301(1) and (2); 40D-2.301(1) and (2); and 40E-2.301(1), F.A.C.

(1) To obtain a consumptive use permit, renewal, or modification within the CFWI Area, an applicant must provide reasonable assurance that the proposed consumptive use of water, on an individual and cumulative basis:

(a) Is a reasonable-beneficial use;

(b) Will not interfere with any presently existing legal use of water; and

(c) Is consistent with the public interest.

(2) In order to provide reasonable assurances that the consumptive use is reasonable-beneficial, an applicant shall demonstrate that the consumptive use:

(a) Is a quantity that is necessary for economic and efficient use;

(b) Is for a purpose and occurs in a manner that is both reasonable and consistent with the public interest;

(c) Will utilize a water source that is suitable for the consumptive use;

(d) Will utilize a water source that is capable of producing the requested amount;

(e) Will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible, except for those agricultural uses outlined in Section 2.9 of the Central Florida Water Initiative Area Supplemental Applicant’s Handbook, incorporated in subsection 62-41.302(1), F.A.C.;

(f) Will not cause harm to existing offsite land uses resulting from hydrologic alterations;

(g) Will not cause harm to the water resources of the area in any of the following ways:

1. Will not cause harmful water quality impacts to the water source resulting from the withdrawal or diversion;

2. Will not cause harmful water quality impacts from dewatering discharge to receiving waters;

3. Will not cause harmful saline water intrusion or harmful upconing;

4. Will not cause harmful hydrologic alterations to natural systems, including wetlands or other surface waters; and

5. Will not otherwise cause harmful hydrologic alterations to the water resources of the area.

(h) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and

(i) Will not use water reserved pursuant to Section 373.223(4), F.S.

(3) The standards, criteria, and conditions in the Applicant’s Handbooks identified in subsections 62-41.300(2)-(4), F.A.C., and the Supplemental Applicant’s Handbook incorporated by reference in subsection 62-41.302(1), F.A.C., shall be used to determine whether the requirements of subsections (1) and (2) are met.

(4) Nothing in these rules shall create a presumption with regards to modification of any existing Consumptive Use Permit within the CFWI pursuant to Section 1.2 of the Supplemental Applicant’s Handbook. Following the effective date of these rules, each District shall modify all applicable existing Consumptive Use Permits with withdrawal points within the CFWI to be consistent with Rules 62-41.301 through 62-41.305, F.A.C., and applicable permit conditions specified in Section 5.0, of the Supplemental Applicant’s Handbook, incorporated by reference in Rule 62-41.302, F.A.C., are incorporated into all CUPs within the CFWI pursuant to Section 1.2 of the Supplemental Applicant’s Handbook.

History

• Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.016, 373.019, 373.026, 373.036, 373.0363, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.233, 373.229, 373.709 FS. History–New 6-21-21.

Fla. Admin. Code R. 62-41.302 Central Florida Water Initiative Area, Supplemental Applicant’s Handbook

(1) Rules 62-41.302 through 62-41.305, F.A.C., shall be used in conjunction with the Central Florida Water Initiative Area Supplemental Applicant’s Handbook (Supplemental Applicant’s Handbook), effective January 5, 2022, which is hereby adopted and incorporated by reference herein, (https://www.flrules.org/Gateway/reference.asp?No=Ref-13963). Materials adopted by reference in this chapter are available from the Department of Environmental Protection’s Internet Site https://floridadep.gov/water-policy, or by contacting the Office of Water Policy, Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 46, Tallahassee, Florida 32399, (850)245-3150. Design Aids referenced within the Supplemental Applicant’s Handbook are not incorporated by reference and are for information purposes only.

(2) Each chapter of the Supplemental Applicant’s Handbook includes a statement indicating what section(s) of the Districts’ Applicant’s Handbooks, the Supplemental Applicant’s Handbook supersedes and replaces. Any section of a Districts’ Applicant’s Handbooks that is not explicitly superseded and replaced by the Supplemental Applicant’s Handbook shall remain in full force and effect for all users within that Districts’ jurisdiction, including the CFWI Area.

History

• Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.016, 373.019, 373.026, 373.036, 373.0363, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.233, 373.229, 373.709 FS. History–New 6-21-21, Amended 1-5-22.

Fla. Admin. Code R. 62-41.303 Central Florida Water Initiative Area, Variances to the Uniform Rules

(1) Scope. Applicants may seek a variance from Rules 62-41.301 and 62-41.302, F.A.C., and the provisions of the Supplemental Applicant’s Handbook if there are unique circumstances or hydrogeological factors that make application of the uniform rules unrealistic or impractical. A variance under this rule is as defined in Section 120.52(21), F.S. Variances under this rule shall not be granted for any requirements relating to the Southern Water Use Caution Area or the Dover/Plant City Water Use Caution Area, provisions of which are incorporated by reference in Rule 62-41.305, F.A.C. Nothing in this rule shall preclude a petitioner from applying for variances or other relief mechanisms under other provisions of law.

(2) Delegation. The Department hereby delegates to the South Florida, Southwest Florida, and St. Johns River Water Management Districts the authority to grant or deny variances under this section to applicants/permittees within their district. At least 15 days prior to granting a request for variance, a district must notify the Executive Director of the other two Water Management Districts and the Director of the Department’s Office of Water Policy and Ecosystem Restoration that it intends to grant the variance.

(3) An applicant seeking a variance under Section 373.0465, F.S., from the provisions of Rule 62-41.301 or 62-41.302, F.A.C., or the provisions of the Supplemental Applicant’s Handbook must demonstrate that there are unique circumstances or hydrogeological factors that make application of the uniform rules unrealistic or impractical. For the purposes of this rule, unrealistic or impractical shall mean compliance with the rule will create a substantial hardship or would violate the principles of fairness. For purposes of this section, “substantial hardship” means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, “principles of fairness” are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

(4) Applicants for a variance may not claim that compliance with another Department or District statute or rule justifies the need for a variance. Applicants may seek variances from those statutes or rule through the applicable variance procedures.

(5) The Districts shall only grant variances when the applicant demonstrates that it has achieved or will achieve the purpose of the underlying statute by other means.

(6) Petitions for variance must include the following information:

(a) A caption, which shall read:

Petition for Variance from Rule (Citation)

(b) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner, if the party is not represented by an attorney or a qualified representative;

(c) The name, address, e-mail address, telephone number, and any facsimile number of the attorney or qualified representative of the petitioner, if any;

(d) The applicable rule or portion of the rule or handbook;

(e) The citation to the statute the rule is implementing;

(f) The type of action requested;

(g) The specific facts that demonstrate there are unique circumstances or hydrogeological factors that make application of the uniform rules unrealistic or impractical;

(h) The reason why the variance requested would serve the purposes of the underlying statute; and

(i) A statement whether the variance is permanent or temporary. If the variance is temporary, the petition shall include the dates indicating the duration of the requested variance.

(7) The District shall review a petition for a variance under Section 373.0465(2)(d), F.S., within 30 days after receipt to determine if the application is complete. If the petition is incomplete, the District shall request additional information and cite the applicable paragraph or subparagraph in this rule upon which it is making such request. Within 30 days after receipt of such additional information, the District shall review the additional information and may request any other information needed to clarify the additional information or to answer new questions raised by, or directly related to, the additional information. If the petitioner asserts that any request for additional information is not authorized by law or by rule, the petitioner may direct the District to process the petition without the requested information. Upon the receipt of such direction, the District shall process the petition without the requested information.

(8) The District shall publish in the Florida Administrative Register a notice of availability of the intended agency action on the petition for a variance under Section 373.0465(2)(d), F.S. The petitioner shall publish notice of intended agency action on the petition once, at his own expense, in a newspaper of general circulation (as defined in Section 50.031, F.S.) in the county or counties in which its withdrawal is located.

(9) If granted, a variance will be issued to run concurrently with the corresponding permit.

(10) Renewals of variances shall be applied for and reviewed in the same manner as set forth in Rule 62-41.303, F.A.C.

History

• Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.016, 373.019, 373.026, 373.036, 373.0363, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.233, 373.229, 373.709 FS. History–New 6-21-21.

Fla. Admin. Code R. 62-41.304 Central Florida Water Initiative Area, Uniform Process for Setting Minimum Flows and Minimum Water Levels and Water Reservations

(1) Priority List. Prior to submittal to the Department for approval pursuant to Section 373.042(3), F.S., each District proposing a Minimum Flow or Minimum Water Level (MFL) or Reservation in the Central Florida Water Initiative (CFWI) Area shall:

(a) Hold a meeting among staff of the Department, and the St. Johns River Water Management District, the Southwest Florida Water Management District, and the South Florida Water Management District (the “Districts”) to discuss the CFWI waterbodies proposed for inclusion on the Priority List;

(b) Notice and hold at least one joint public workshop within the CFWI Area with the Districts to discuss each district’s proposed priority list applicable to the CFWI. Such notice shall affirmatively state that the Districts and the Department have held the meeting required by paragraph (1)(a), above.

(c) Priority Lists shall conform with the requirements set forth in Section 373.042(3), F.S., and subsection 62-40.473(9), F.A.C. In addition to those requirements, if there is an impact potential across Water Management District boundaries from withdrawals in the CFWI, the priority list shall specifically identify the cross-boundary impact potential as being from within the CFWI.

(2) Consistent Method for Establishing MFLs.

(a) When establishing or re-evaluating an MFL, the Districts shall comply with the requirements of Sections 373.042 and 373.0421, F.S., and Rule 62-40.473, F.A.C.

(b) When establishing or re-evaluating an MFL, the adopting District shall consider the unique characteristics of the waterbody and basin as determined using the best available information. The adopting District shall provide the technical information supporting any proposed MFL to the non-adopting Districts and the Department. Sharing of information shall take place prior to seeking independent scientific peer review or prior to publishing a Notice of Proposed Rule, whichever comes first.

(3) Status of the MFL Waterbody. When determining whether the flow(s) and/or level(s) of a specific MFL water body are below or projected to fall below the adopted MFL criteria, the District within which the MFL is located shall use the status assessment approach that includes a screening level analysis and a causation analysis, when applicable pursuant to the paragraphs 62-41.304(3)(a)-(c), F.A.C. This status assessment is independent from and not a determination of consumptive use permit compliance or environmental resource permit compliance. Permit compliance is a regulatory function that is not within the scope of this subsection.

(a) A screening level analysis, which includes the incorporation of changes in rainfall trends, must be performed for waterbodies in the CFWI area periodically following adoption to monitor the status of an adopted MFL.

(b) If the screening level analysis shows that the MFL is being met based on the flows or levels adjusted by rainfall trends, then no further actions are required beyond continued monitoring.

(c) If the screening level analysis indicates that the MFL is not being met, or is trending toward not being met based on the flows and levels adjusted by rainfall trends, the District will conduct a causation analysis to independently evaluate the potential impacts of various stressors on the MFL water body being assessed.

1. Factors other than consumptive uses of water (e.g., long-term drought) can cause the flow or level of a surface watercourse, aquifer, surface water, or spring to drop below an adopted minimum flow or level. The factors to be considered in the determination of causation shall be based on the use of best professional judgment and may include:

a. Rainfall or other climatic variables;

b. Consumptive use;

c. Land use changes or development;

d. Surface water drainage;

e. Changes in hydrology and hydraulics;

f. Geology/hydromorphology (e.g., sinkhole formation);

g. Water levels/flows in other appropriate water resources (e.g., nearby wells, lakes, streams, wetlands);

h. Ecological assessment information; and,

i. Other factors that can be reasonably shown to cause a change in the flow or level.

2. The tools used in the causation analysis shall be based on the use of best professional judgment and may include:

a. Double-mass analyses;

b. Statistical analysis of climate variables and flow and/or water level;

c. Stage and/or flow duration and frequency analysis;

d. Modeling (groundwater/surface water, ecological or water budget models);

e. Ecological tools;

f. Distribution of groundwater use and withdrawal rate history;

g. Aquifer water level trend analysis; and

h. Degree of aquifer confinement.

3. Based on the causation analysis, the District shall develop or amend a recovery or prevention strategy including any applicable rulemaking, as appropriate, consistent with the provisions of Section 373.0421(2), F.S.

(4) Development of MFL Recovery and Prevention Strategies.

(a) Recovery and Prevention Strategies shall be developed when required pursuant to and consistent with Section 373.0421, F.S., and Rule 62-40.473, F.A.C.

(b) When required, Recovery and Prevention Strategies shall either be developed for individual waterbodies or regionally.

(c) Recovery and Prevention Strategies may contain regulatory and non-regulatory provisions, as appropriate.

(d) The Recovery or Prevention Strategy must address existing uses, renewals or modifications of existing uses, and new uses that may impact the subject MFL.

(5) Consistent Method to Set Reservations.

(a) Water reserved from use shall comply with the requirements of Section 373.223(4), F.S., and Rule 62-40.474, F.S.

(b) A reservation adopted after the effective date of this rule shall specifically state, as applicable, whether the reservation is being used for the protection of fish and wildlife or public health and safety.

History

• Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.016, 373.019, 373.026, 373.036, 373.0363, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.233, 373.229, 373.709 FS. History–New 6-21-21.

Fla. Admin. Code R. 62-41.305 Central Florida Water Initiative Area, Applicability of the Dover/Plant City and Southern Water Use Caution Area Recovery Strategies

(1) Pursuant to Section 373.0465(d), F.S., this rule includes existing recovery strategies within the Central Florida Water Initiative (CFWI) Area adopted before July 1, 2016. This includes only the Southern Water Use Caution Area (SWUCA) and the Dover/Plant City Water Use Caution Area (Dover/Plant City WUCA) Recovery Strategies.

(2) By inclusion, the Department ensures that these recovery strategies remain in effect in the areas currently covered by these strategies within the Southwest Florida Water Management District (SWFWMD). Nothing in this rule shall be interpreted to apply these recovery strategies to other areas within the CFWI Area.

(3) The Department hereby adopts and incorporates by reference herein the following provisions of Chapters 40D-2 and 40D-80, F.A.C., which shall apply to all applicants located within the SWUCA or Dover/Plant City WUCA, as applicable:

(a) Paragraph 40D-2.801(3)(b), F.A.C., effective May 19, 2014, including all subparts, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12432);

(b) Paragraph 40D-2.801(3)(c), F.A.C., effective May 19, 2014, including all subparts (https://www.flrules.org/Gateway/reference.asp?No=Ref-12438);

(c) Rule 40D-80.074, F.A.C., effective May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12433), entitled “Regulatory Portion of Recovery Strategy for the Southern Water Use Caution Area”;

(d) Rule 40D-80.075, F.A.C., effective May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12434), entitled “Regulatory Portion of Recovery Strategy for the Dover/Plant City Water Use Caution Area”;

(e) Paragraph 40D-2.331(2)(b), F.A.C., effective September 29, 2015, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12435), relating to all requests to self-relocate or to increase withdrawals that impact or are projected to impact a water body with an established Minimum Flow or Level;

(f) Rule 40D-2.621, F.A.C., effective date May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12436), relating to individual consumptive use permits for irrigation;

(4) The Department hereby adopts and incorporates by reference the following provisions of the Southwest Florida Water Management District’s Applicant’s Handbook, Part B, effective date February 18, 2020, (https://www.flrules.org/Gateway/reference.asp?No=Ref-11553), which shall apply to all applicants located within the SWUCA or Dover/Plant City WUCA, as applicable, and shall be used in addition to provisions of the Supplemental Applicant’s Handbook, incorporated by reference in subsection 62-41.302(1), F.A.C., (https://www.flrules.org/Gateway/reference.asp?No=Ref-13145) where notated:

(a) Section 2.1, relating to the demonstration of water need,

(b) Section 2.1.1.4, inclusive of all subsections, relating to Water Use Permits with alternative water supplies in the SWUCA or Dover/Plant City WUCA”;

(c) Section 2.2.4, regarding the loss of alternative water supplies;

(d) Sections 2.3.7, inclusive of all subsections and 2.4.8.4 inclusive of all subsections, relating to public supply use demand. For the purposes of implementing this Section, the Department hereby also incorporates by reference SWFWMD’s Applicant’s Handbook, Part D, effective date January 20, 2009, (https://www.flrules.org/Gateway/reference.asp?No=Ref-03840);

(e) Section 2.4.3.1.1 and 2.4.3.1.7, providing for the calculation of allocation. For the purposes of implementing this section, the Department hereby also incorporates by reference SWFWMD’s Agricultural Water Allotment Form, Form No. LEG-R.042.00, effective date May 19, 2014, (https://www.flrules.org/Gateway/reference.asp?No=Ref-13082);

(f) Section 2.4.7.1.5, inclusive of all subsections, relating to golf course conservation requirements;

(g) Section 2.4.8.5, applicable to all wholesale public supply applicants located within the SWUCA;

(h) Section 3.9.2, inclusive of all subsections, providing regulatory requirements in the SWUCA;

(i) Section 3.9.4, inclusive of all subsections, providing regulatory requirements in the Dover/Plant City WUCA;

(j) Section 4.1.1, relating to water flow monitoring and calibration as applicable within the Dover/Plant City WUCA and SWUCA;

(k) Section 4.3.1, relating to groundwater level monitoring requirements within the SWUCA;

(l) Section 4.4.1, inclusive of all subsections; relating to irrigation crop reports within the SWUCA;

(m) Section 4.4.2, relating to irrigation pumpage compliance within the SWUCA; and

(n) Section 4.4.13, regarding reporting requirements for landscape/recreation irrigation water use within the SWUCA.

(5) Application forms promulgated by the SWFWMD to implement this strategy are hereby incorporated by reference as below. These forms shall be in addition to the application and forms otherwise provided as part of a consumptive use permit application.

(a) Within the SWUCA, an Applicant shall submit the forms required by subsection 40D-2.101(5), F.A.C., effective date May 19, 2014, adopted and incorporated by reference herein, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12430).

(b) Within the Dover/Plant City WUCA, an Applicant shall submit the forms required by subsection 40D-2.101(6), F.A.C., effective date May 19, 2014, adopted and incorporated by reference herein, (https://www.flrules.org/Gateway/reference.asp?No=Ref-12431).

History

• Rulemaking Authority 373.043, 373.0465, 373.171 FS. Law Implemented 373.016, 373.019, 373.026, 373.036, 373.0363, 373.042, 373.0421, 373.0465, 373.171, 373.219, 373.223, 373.233, 373.229, 373.709 FS. History–New 6-21-21.

Fla. Admin. Code R. 62-41.400 Outstanding Florida Springs, Scope of Rules and Definitions

(1) Rules 62-41.400 through 62-41.402, F.A.C., implement section 373.219, F.S. These supplemental rules provide the basis for the evaluation of consumptive uses of water to ensure they are not harmful to an Outstanding Florida Spring or its spring run as defined in subsections 373.802(5) and 373.802(8), F.S.

(2) The phrases “Consumptive Use Permit,” “Consumptive Use Permitting,” and “Consumptive Use Applicants” are synonymous with “Water Use Permit,” “Water Use Permitting,” and “Water Use Applicants,” respectively, as used by agencies implementing Part II of Chapter 373, F.S.

(3) "Agency" or “agencies” means the Department of Environmental Protection and the water management districts as entities with the authority to implement Part II of Chapter 373, F.S.

(4) These supplemental rules shall be utilized as minimum standards in the evaluation of consumptive use permits to ensure they are not harmful to an Outstanding Florida Spring or its spring run. The agencies shall implement these supplemental rules in conjunction with their consumptive use permitting or water use permitting rules upon determination that a proposed water use potentially impacts an Outstanding Florida Spring. The agencies shall update their rules as necessary to be consistent with these minimum standards.

(5) These supplemental rules do not prohibit an agency from adopting a definition of the term “harmful to the water resources” that is more protective of the water resources consistent with local or regional conditions and objectives.

History

• Rulemaking Authority 373.016, 373.026, 373.0421, 373.043, 373.171, 373.216, 373.217, 373.219, 373.223, 373.2234, 373.801, 373.802, 373.813 FS. Law Implemented 373.219, 373.802 FS. History–New 6-12-25, Reviewed 7-27-26.

Fla. Admin. Code R. 62-41.401 Outstanding Florida Springs, Uniform Definition of Harmful to the Water Resources

(1) Harmful to the Water Resources for Outstanding Florida Springs means a consumptive use that adversely impacts an Outstanding Florida Spring or its spring run in one or more of the following ways:

(a) Causing harmful water quality impacts to the Outstanding Florida Spring or its spring run resulting from the withdrawal or diversion;

(b) Causing harmful water quality impacts from dewatering discharge to the Outstanding Florida Spring or its spring run;

(c) Causing harmful saline water intrusion or harmful upconing to the Outstanding Florida Spring or its spring run;

(d) Causing harmful hydrologic alterations to natural systems associated with an Outstanding Florida Spring or its spring run, including wetlands or other surface waters; and

(e) Otherwise causing harmful hydrologic alterations to the water resources of the Outstanding Florida Spring or its spring run.

(2) Consistent with subsection (1), the applicant shall provide reasonable assurance, using the best available information, that there are no adverse impacts caused by the withdrawal or diversion, on an individual or cumulative basis, to the extent that:

(a) The withdrawal or diversion does not induce movement of a contamination plume or alter the rate or direction of the movement of a contamination plume towards an Outstanding Florida Spring or its spring run such that the alteration causes harmful water quality impacts as evidenced by the predicted influence the water withdrawals would have on inducing movement of the contamination plume or as indicated by a sustained increase in background levels in contaminant concentrations.

(b) Dewatering discharges do not cause harmful water quality impacts to the Outstanding Florida Spring or its spring run. Dewatering water must be retained onsite unless the applicant demonstrates it is not technically or environmentally feasible to retain the dewatering water onsite. Applicants who have obtained and are in compliance with a National Pollutant Discharge Elimination System (NPDES) or Environmental Resource Permit (ERP) for dewatering shall be considered to not cause harmful water quality impacts from dewatering discharge to receiving waters.

(c) Withdrawals do not cause an increase in total dissolved solids (TDS) or chloride concentrations that adversely affects the Outstanding Florida Spring or its spring run. The agencies will not consider saline water intrusion as harmful if it is the result of seasonal fluctuations; climatic conditions; or operation of the Central and Southern Flood Control Project, secondary canals, or stormwater systems. As part of the consideration of whether the use will cause harmful saline water intrusion or upconing, the following factors must be considered, as applicable:

1. Whether there is a sustained amount and rate of increase of TDS or chloride concentrations in the Outstanding Florida Spring;

2. Whether there would be adverse impacts to values or functions of wetlands or other surface waters associated with an Outstanding Florida Spring or its spring run.

(d) Hydrologic alterations to the spring resulting from withdrawals do not cause adverse impacts to the aquatic or wetland dependent flora or fauna in the spring or its spring run.

(3) To provide reasonable assurance that harm to the water resources will not occur due to the proposed water withdrawal or diversion, the following information shall be submitted as applicable:

(a) An assessment inclusive of any predicted hydrologic alterations to an Outstanding Florida Spring or its spring run caused by the withdrawal or diversion. The assessment will include any predicted changes in hydrology, or changes in aquatic or wetland flora or fauna at an Outstanding Florida Spring or its spring run. An applicant shall only be required to address its relative contribution of harm to the Outstanding Florida Spring or its spring run associated with its water withdrawal.

(b) A summary of any monitoring or modeling analysis performed and electronic copies of any modeling files.

(c) Any additional materials utilized in the analysis to provide reasonable assurance that harm, as defined above, will not occur due to the withdrawal or diversion, including aerial photographs, topographic maps, hydrologic data, environmental assessments, or other relevant information.

History

• Rulemaking Authority 373.016, 373.026, 373.0421, 373.043, 373.171, 373.216, 373.217, 373.219, 373.223, 373.2234, 373.801, 373.802, 373.813 FS. Law Implemented 373.219 FS. History–New 6-12-25, Reviewed 7-27-26.

Fla. Admin. Code R. 62-41.402 Outstanding Florida Springs, Uniform Conditions for Issuance of Permits

(1) No permit issued by the agencies for the consumptive use of water shall authorize groundwater withdrawals that are harmful to the water resources as provided in paragraph (3)(g), and each permittee shall meet the criteria established in Rule 62-41.401, F.A.C.

(2) In order to prevent groundwater withdrawals that are harmful to an Outstanding Florida Spring, an applicant seeking a consumptive use permit, renewal, or modification, whose withdrawal potentially impacts an Outstanding Florida Spring or its spring run must provide reasonable assurance that the proposed consumptive use of water, on an individual and cumulative basis:

(a) Is a reasonable-beneficial use;

(b) Will not interfere with any presently existing legal use of water; and

(c) Is consistent with the public interest.

(3) In order to provide reasonable assurances that the consumptive use is reasonable-beneficial, an applicant shall demonstrate that the consumptive use:

(a) Is a quantity that is necessary for economic and efficient use;

(b) Is for a purpose and occurs in a manner that is both reasonable and consistent with the public interest;

(c) Will utilize a water source that is suitable for the consumptive use;

(d) Will utilize a water source that is capable of producing the requested amount;

(e) Will utilize the lowest quality water source that is suitable for the purpose and is technically, environmentally, and economically feasible, except for the following agricultural water uses:

1. Water used for washing hands during and after harvest activities;

2. Water that is applied in any manner that directly contacts produce during or after harvest activities (for example, water applied for washing or cooling); and

3. Water used to make ice that directly contacts produce during or after harvest activities.

(f) Will not cause harm to existing offsite land uses resulting from hydrologic alterations;

(g) Will not cause harm to an Outstanding Florida Spring or its spring run a in any of the following ways:

1. Will not cause harmful water quality impacts to an Outstanding Florida Spring or its spring run resulting from the withdrawal or diversion;

2. Will not cause harmful water quality impacts from dewatering discharge to an Outstanding Florida Spring or its spring run;

3. Will not cause harmful saline water intrusion or harmful upconing to an Outstanding Florida Spring or its spring run;

4. Will not cause harmful hydrologic alterations to an Outstanding Florida Spring or its spring run; and

5. Will not otherwise cause harmful hydrologic alterations to an Outstanding Florida Spring or its spring run;

(h) Is in accordance with any minimum flow or level and implementation strategy established pursuant to Sections 373.042 and 373.0421, F.S.; and

(i) Will not use water reserved pursuant to subsection 373.223(4), F.S.

History

• Rulemaking Authority 373.016, 373.026, 373.0421, 373.043, 373.171, 373.216, 373.217, 373.219, 373.223, 373.2234, 373.801, 373.802, 373.813 FS. Law Implemented 373.219, 373.223 FS. History–New 6-12-25, Reviewed 7-27-26.

Chapter 62-42 MINIMUM FLOWS AND LEVELS

Fla. Admin. Code R. 62-42.100 Scope

(1) The purpose of this chapter is to set forth Department-adopted minimum flows and levels (MFLs) and the regulatory provisions of any required related recovery or prevention strategy as provided in Section 373.042(4), F.S.

(2) The Department recognizes that recovery and prevention strategies may contain both regulatory and non-regulatory provisions. The non-regulatory provisions are not included in this rule, and will be included in the applicable regional water supply plans approved by the appropriate districts pursuant to Sections 373.0421(2) and 373.709, F.S.

History

• Rulemaking Authority 373.026(6), 373.043, 373.171, 373.227, 373.250, 373.805, 373.813 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.042, 373.0421, 373.086, 373.103, 373.106, 373.113, 373.116, 373.118, 373.171, 373.175, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.246, 373.250, 373.418, 373.451, 373.453, 373.62, 373.703, 373.705, 373.707, 373.709, 373.802, 373.805, 373.813, 403.064 FS., Section 38, Chapter 2002-296, Laws of Florida. History–New 11-26-14, Technical Change 3-25-26, Reviewed 7-29-26.

Fla. Admin. Code R. 62-42.200 Definitions

When used in this chapter, including materials incorporated by reference, the following words shall have the indicated meanings unless the rule indicates otherwise:

(1) Agency or Agencies: The Department and applicable water management districts acting under the authorities afforded by Part II of Chapter 373, F.S., as applicable.

(2) Authorized uses: Uses of water authorized by a consumptive use permit issued by the applicable District or Department, any general permit by rule of the Districts, or by statute.

(3) Consumptive use permit (CUP): a permit that authorizes the consumptive use of particular quantities of ground or surface water. The phrases “Consumptive Use Permit,” “Consumptive Use Permitting,” and “Consumptive Use Applicants” are synonymous with “Water Use Permit,” “Water Use Permitting,” and “Water Use Applicants,” respectively, as used by agencies implementing Part II of Chapter 373, F.S.

(4) District(s): A water management district established pursuant to Ch. 373, F.S.

(5) Domestic Use: Exempt water uses as defined in section 373.019(6), F.S. (2025). See also section 373.219(1), F.S. (2025).

(6) Implementation Strategy: A strategy designed to ensure that a minimum flow or minimum water level (MFL) Compliance Point meets its MFL in accordance with sections 373.042, 373.0421, and 373.805, F.S., as applicable.

(7) MFL Compliance Point: The gage at which an MFL is established in this Chapter.

(8) Outstanding Florida Spring (OFS): Springs as defined in Section 373.802(5), F.S.

(9) P50 flow: The flow of the spring or surface water that is equaled or exceeded 50 percent of the time as determined from the expressed long-term flow time series.

History

• Rulemaking Authority 373.026(6), 373.043, 373.171, 373.227, 373.250, 373.805, 373.813 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.042, 373.0421, 373.046, 373.086, 373.103, 373.106, 373.113, 373.116, 373.118, 373.171, 373.175, 373.216, 373.217, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.246, 373.250, 373.418, 373.451, 373.453, 373.62, 373.802, 373.805, 373.813, 403.064 FS. History–New 11-26-14, Amended 1-20-26, Reviewed 7-29-26.

Fla. Admin. Code R. 62-42.300 The Lower Santa Fe and Ichetucknee Rivers and Priority Springs

(1) Minimum Flows for Lower Santa Fe and Ichetucknee Rivers and Priority Springs (LSFIR)

(a) For purposes of this rule, the Lower Santa Fe River includes the watercourse from the Santa Fe River Rise to the confluence with the Suwannee River including the Lower Santa Fe River Priority Springs and associated spring runs; the Ichetucknee River includes the watercourse from the Ichetucknee Headspring to the confluence with the Lower Santa Fe River including the Ichetucknee River Priority Springs and associated spring runs. The Lower Santa Fe River and Ichetucknee River Priority Springs are set forth in Table 1-1 below.

Table 1-1. Lower Santa Fe and Ichetucknee River Priority Springs

River

Spring Name

Lower Santa Fe

Treehouse Spring (OFS)

Lower Santa Fe

COL101974

Lower Santa Fe

Columbia Spring (OFS)

Lower Santa Fe

Gilchrist Blue Spring

Lower Santa Fe

Devil's Ear Spring (OFS)

Lower Santa Fe

Siphon Creek Rise

Lower Santa Fe

Hornsby Spring (OFS)

Lower Santa Fe

July Spring

Lower Santa Fe

Poe Spring (OFS)

Lower Santa Fe

Rum Island Spring

Lower Santa Fe

Santa Fe River Rise

Ichetucknee

Ichetucknee Springs Group (OFS)

(b) Minimum Flows for the Lower Santa Fe and Ichetucknee Rivers and Priority Springs are as set forth in Table 1-2 below.

Table 1-2. Minimum Flows for the Lower Santa Fe and Ichetucknee Rivers and Priority Springs

Watercourse

MFL Compliance Point

Minimum P50 Flow in cubic feet per second (cfs)

Lower Santa Fe River and Santa Fe River Rise, Treehouse Spring, Hornsby Spring and Columbia Spring

Lower Santa Fe River at the HWY 441 gage/USGS Gage No. 02321975

502

Lower Santa Fe River and Poe Spring, COL101974 Spring, Rum Island Spring, Gilchrist Blue Spring, Devil’s Ear Spring, July Spring, and Siphon Creek Rise

Lower Santa Fe River at the Ft. White, FL gage/USGS Gage No. 02322500

1,167

Ichetucknee River and Ichetucknee Springs Group

Ichetucknee River at the HWY 27 gage/USGS Gage No. 02322700

346

(c) The Agencies shall assess the MFL status as described in section 373.0421, F.S., of the Lower Santa Fe and Ichetucknee Rivers and Priority Springs concurrently with the approval of each Regional Water Supply Plan (RWSP). The assessment shall include a review wherein (1) the current flows at the MFL Compliance Point(s) are compared to the adopted MFLs, and (2) reasonably projected future flows are compared to the adopted MFLs. For reasonably projected future flows, the Agencies will consider impacts from all projected water withdrawals within 20 years. Based on an analysis of the various stressors on the MFL Compliance Points, including but not limited to rainfall and water withdrawals, if the existing flow in a water body falls below, or is projected within 20 years to fall below, the MFL due to water withdrawals the Agencies shall review the Implementation Strategy in accordance with the requirements of sections 373.0421 and 373.805(4), F.S., and the Implementation Strategy shall be updated as necessary to achieve the MFL within 20 years of the effective date of this rule.

(2) Pursuant to Sections 373.0421 and 373.805, F.S., the regulatory measures in this rule are adopted as part of the Implementation Strategy for the Lower Santa Fe and Ichetucknee River. In accordance with Section 373.042(5), F.S., each district shall implement this rule without the district’s adoption by rule. These regulatory measures apply to all consumptive uses of water with withdrawal points within the North Florida Regional Water Supply Partnership (Partnership) area, which includes all of Alachua, Baker, Bradford, Clay, Columbia, Duval, Flagler, Gilchrist, Hamilton, Nassau, Putnam, St. Johns, Suwannee, and Union counties. Unless otherwise stated, these regulatory measures supplement the rules of the Suwannee River Water Management District (SRWMD) and the St. Johns River Water Management District (SJRWMD) for regulating consumptive uses of water in the Partnership area. Where explicitly stated, these rules supersede specifically identified rules of the Districts regulating the consumptive use of water in the Partnership area.

(3) Allocations of Water

(a) All Authorized Uses shall be considered consistent with the Implementation Strategy and will not be subject to revocation in whole or in part on the basis of this rule where the permittee is in compliance with this rule. Permits that do not meet the requirements within this rule will be subject to revocation in whole or in part. Nothing in this rule shall be construed to alter an Agency’s authority to enforce or modify a permit under circumstances not addressed in this rule.

(b) When necessary to provide reasonable assurance that the proposed use will be in accordance with the MFL or Implementation Strategy, quantities of water will be authorized in incremental amounts by year(s) based upon the projected need. For example, a stepped allocation may be provided in conjunction with implementation of an alternative water supply project that will make more water available for use. In such a case, as more water becomes available for use (and is needed) the annual allocation will increase.

(4) Where a residence is supplied potable water by a public supplier and such water is available for residential irrigation, no general permit by rule shall be authorized for private residential irrigation water use from a Floridan aquifer private well constructed after July 1, 2026 within the Partnership area. This subsection shall not apply to wells constructed prior to July 1, 2026. An applicant may seek a No-Fee Noticed General Consumptive Use Permit, Form 62-42.300(4), incorporated by reference herein, effective July 1, 2026, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18920, or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum, from the applicable District where the conditions in the No-Fee Noticed General Consumptive Use Permit are met. “Available” means that a point of connection is at or immediately adjacent to the property boundary, and water for the use is able to be provided by a public supplier in sufficient volume and frequency to maintain the landscape. The No-Fee Noticed General Consumptive Use Permit shall have a duration of 10 years, is automatically authorized for the permittee and subsequent owners for the duration of the authorization, and is renewable. To continue using the permit after 10 years, the user must apply for renewal using Form 62-42.300(4).

(5) Upon July 1, 2026, unless otherwise provided by law, each permittee shall comply with the Monitoring and Reporting Requirements: Implementation Strategy for the LSFIR MFLs, adopted and incorporated by reference herein, effective July 1, 2026. Copies of the Monitoring and Reporting Requirements are available at http://flrules.org/Gateway/reference.asp?No=Ref-18921, or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum. As referenced in the Monitoring and Reporting Requirements: Implementation Strategy for LSFIR MFLs in this subsection, the following forms are incorporated:

(a) Water Use/Pumpage Report Form (EN-50), Form 62-42.300(5)(a), is hereby incorporated by reference, effective July 1, 2026, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18922 or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum.

(b) Annual Statement of Continuing Use, Form 62-42.300(5)(b), is hereby incorporated by reference, effective July 1, 2026, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18923 or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum.

(c) Flow Meter Accuracy Report Form (EN-51), Form 62-42.300(5)(c), is hereby incorporated by reference, effective July 1, 2026, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18924 or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum.

(d) Alternative Method Flow Verification Report Form, Form 62-42.300(5)(d), is hereby incorporated by reference, effective July 1, 2026, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18925 or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum.

(6) Upon July 1, 2026, unless otherwise provided by law, each Permittee shall comply with the applicable Water Conservation Requirements: Implementation Strategy for LSFIR MFLs, adopted and incorporated by reference herein, effective July 1, 2026. Copies of the Water Conservation Requirements are available at http://flrules.org/Gateway/reference.asp?No=Ref-18933, or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum. As referenced in the Water Conservation Requirements: Implementation Strategy for LSFIR MFLs in this paragraph, the following forms are incorporated:

(a) The Public Supply Annual Report, Form 62-42.300(6)(a), is hereby incorporated by reference, effective July 1, 2026, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18934 or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum.

(b) The Public Supply Five-Year Water Conservation Report, Form 62-42.300(6)(b), is hereby incorporated by reference, effective July 1, 2026, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18926 or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum.

(c) The Agricultural Water Conservation Report, Form 62-42.300(6)(c), is hereby incorporated by reference, effective July 1, 2026, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18927 or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum.

(d) For all other use types, the CII/MD/LR Water Conservation Report, Form 62-42.300(6)(d), is hereby incorporated by reference, effective July 1, 2026, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18928 or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum.

(7) Upon the effective date of this rule, unless otherwise provided by law, each Permittee shall comply with the Offset Requirements: Implementation Strategy for LSFIR MFLs, adopted and incorporated by reference herein, effective July 1, 2026, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18929 or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum.

(a) Section 2.2 of the St. Johns River Water Management District Applicant’s Handbook: Consumptive Uses of Water, as incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C., is incorporated by reference here, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18930 or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum. This document describes the calculation of Demonstrated 2025 Demand for permittees and applicants within the SJRWMD.

(b) Section 2.3 of the Suwannee River Water Management District Water Use Permit Applicant’s Handbook, as incorporated by reference in subsection 40B-2.301(3), F.A.C., is incorporated by reference here, and available at http://flrules.org/Gateway/reference.asp?No=Ref-18931 or on the Department’s website at https://floridadep.gov/owper/water-policy/content/lower-santa-fe-and-ichetucknee-rivers-lsfir-and-priority-springs-minimum. This document describes the calculation of Demonstrated 2025 Demand for permittees and applicants within the SRWMD.

(8) The Department delegates to each District the authority to accept and grant, where conditions have been met, applications for extension pursuant to section 373.805(5), F.S.

History

• Rulemaking Authority 373.026(6), 373.043, 373.171, 373.227, 373.250, 373.805, 373.813 FS. Law Implemented 373.016, 373.019, 373.023, 373.026, 373.042, 373.0421, 373.046, 373.086, 373.103, 373.106, 373.113, 373.116, 373.118, 373.171, 373.175, 373.216, 373.217, 373.219, 373.227, 373.228, 373.229, 373.236, 373.239, 373.243, 373.246, 373.250, 373.418, 373.451, 373.453, 373.62, 373.703, 373.705, 373.707, 373.709, 373.802, 373.805, 373.813, 403.064 FS. History–New 6-10-15, Amended 7-1-26, Technical Change 7-1-26, Reviewed 7-29-26.

Chapter 62-43 SURFACE WATER IMPROVEMENT AND MANAGEMENT ACT

Fla. Admin. Code R. 62-43.010 Intent

History

• Rulemaking Authority 373.043 FS. Law Implemented 373.026, 373.453, 373.455, 373.456 FS. History–New 12-7-87, Amended 2-21-90, Formerly 17-43.010, Repealed 2-28-12.

Fla. Admin. Code R. 62-43.020 Definitions

(1) “Department” means the Department of Environmental Protection.

(2) “Secretary” means the Secretary of the Department of Environmental Protection.

(3) “District” means any one of the five water management districts created by Section 373.069, F.S.

(4) “Fund” means the Surface Water Improvement and Management Trust Fund.

(5) “Procedures Manual” means the Department’s SWIM Review Procedures Manual dated March 20, 1990 which is hereby incorporated by reference.

(6) “Approved Surface Water Priority List” means the list adopted by the governing board of a District and approved by the Department based on criteria adopted by this rule.

(7) “Adopted Plan” means the written strategies for a specific priority water body or bodies, which have completed the full process of approval, review, and adoption pursuant to Sections 373.455 and 373.456, F.S.

(8) “Uniform Format” means the plan format outlined in the Procedures Manual.

(9) “Priority Planning” means District activity directed toward developing an Approved Surface Water Priority List or an Adopted Plan for the restoration or protection of surface waters.

(10) “State Water Policy” means the comprehensive statewide policy as adopted by the Department pursuant to Sections 373.026 and 403.061, F.S., setting forth goals, objectives, and guidance for the development and review of programs, rules, and plans relating to water resources.

(11) “State Comprehensive Plan” means the plan adopted pursuant to Chapter 187, F.S.

History

• Rulemaking Authority 373.043, 373.453 FS. Law Implemented 373.026, 373.451, 373.453, 373.455, 373.456 FS. History–New 12-7-87, Amended 2-21-90, 5-3-90, Formerly 17-43.020.

Fla. Admin. Code R. 62-43.030 Preparation, Submittal, and Review of Surface Water Priority Lists

(1) Each District, in cooperation with the Department, the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and local governments, shall develop and maintain a list in priority order of surface waters of regional or statewide significance which require restoration or protection. Each District shall consider the following criteria in preparing the list and priority ranking:

(a) The degree to which state water quality standards are violated. In reviewing this criterion, each District shall consider the following factors:

1. The status and trends of water quality in the water body, including the nature and extent of pollution loading from point and nonpoint sources and the extent to which uses are impaired,

2. Whether the water body can reasonably be expected to meet or maintain water quality standards without action to control point or nonpoint sources; and,

3. The nature and extent of sources of point and nonpoint pollution which contribute to the waters not meeting standards.

(b) An evaluation of the nature and extent of conditions that adversely affect the water body, including, but not limited to:

1. Nutrient balance of the water body,

2. Trophic state of the water body,

3. Existence or need for continuous aquatic weed control,

4. Biological condition of the water body,

5. Physical conditions; and,

6. Reduced fish and wildlife values.

(c) Threats to water supplies, especially agricultural and urban supplies, and public recreational opportunities. In reviewing this criterion, each District shall consider the following factors:

1. Whether uses of the water body are impaired, including whether the water body does not meet state water quality standards or requires control programs to maintain compliance with standards; and,

2. Whether conditions intermittently or frequently prevent a beneficial use.

(d) Threats to or need for long-term protection of those exceptional or outstanding water bodies which are currently in good condition.

(e) The extent to which the plans, ordinances, and policies of local governmental units with jurisdiction over the water body are consistent with a District’s efforts to restore or protect the water body.

(f) The feasibility of monitoring the success of restoration or protection efforts in the water body.

(g) The economic and environmental feasibility of accomplishing the restoration or protection goals.

(2) Using the criteria established by subsection 62-43.030(1), F.A.C., each District shall prepare and submit to the Department a surface water priority list. The list shall include supporting documentation explaining the use of the specified criteria in development of the list and of the selected priority order.

(3) Within 30 days after receipt of the District’s proposed priority list, the Department shall notify the District in writing whether the list is approved as consistent with the intent and provisions of this rule and Section 373.453, F.S. If the list is not approved, the notification shall include recommendations for modifications necessary to obtain Department approval of the final list.

(4) The Approved Surface Water Priority List shall be reviewed and updated by the District as necessary, but in no event later than every 3 years. The revised list shall be submitted to the Department for approval as specified by subsections 62-43.030(2) and (3), F.A.C.

History

• Rulemaking Authority 373.043, 373.453 FS. Law Implemented 373.026, 373.451, 373.453 FS. History–New 12-7-87, Amended 2-21-90, Formerly 17-43.030.

Fla. Admin. Code R. 62-43.035 Preparation, Submittal, and Review of Surface Water Plans

(1) Each District, in cooperation with the Department, the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and local governments shall prepare and submit to the Department a plan, composed of one or more strategies, for the management of the specific water bodies in the order in which they appear on the Approved Surface Water Priority List. These plans shall be developed using the Uniform Format. Each plan shall include at least:

(a) A description of the water body system, its historical and current uses, its hydrology, and a history of the conditions which have led to the need for restoration or protection;

(b) An identification of all governmental units that have jurisdiction over the water body and its drainage basin within the plan area, including local, regional, state and federal units;

(c) A description of land uses within the plan area and those of important tributaries, point and non-point sources of pollution, and permitted discharge activities;

(d) A list of the owners of point and non-point sources of pollution that discharge into each water body and tributary thereto and that adversely affect the public interest (by causing or significantly contributing to violations of water quality standards). This list shall include separate lists of those sources that are operating without a permit, operating with a temporary operating permit, and those presently violating effluent limits or water quality standards, and include recommendations and schedules for bringing all sources into compliance with state standards when not contrary to the public interest;

(e) A description of strategies for restoring or protecting the water body sufficient to meet Class III standards or better;

(f) A list of studies that are being or have been prepared for the water body;

(g) A list and current status of active restoration or protection projects for the water body;

(h) A description of the research and feasibility studies which will be performed to determine the particular strategy or strategies to restore or protect the water body;

(i) A description of the measures needed to manage and maintain the water body once it has been restored and to prevent future degradation;

(j) A schedule for restoration or protection of the water body; and,

(k) An estimate of the funding needed to carry out the restoration or protection strategies.

(2) The District shall hold at least one public hearing, and at least one public workshop in the vicinity of the water body, for which a plan is being developed, in order to obtain public input before completing a plan.

(3) The proposed plan shall be submitted to the Department, the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and local governments for their review, no later than 60 days before consideration of plan approval by the District governing board. Using the criteria set forth in Section 373.455(2)(a), F.S., the Department shall evaluate each proposed plan. Within 45 days after receipt of the District’s proposed plan, the Department shall notify the District in writing whether the District’s plan is consistent with the intent and provisions of this rule and Section 373.455(2)(a), F.S. If the plan is not consistent, the notification shall include recommendations for modifications necessary to obtain the Department’s concurrence with the final plan.

(4) Within 15 days after approval of a plan by the District governing board the plan shall be transmitted to the Department. As provided in Section 373.456(2), F.S., and this rule, the Department shall conduct a final review of the plan to determine its consistency with the State Water Policy and the State Comprehensive Plan. In this review the Department shall consider the actions taken by the District governing board in response to any concerns expressed by the Department and the other reviewing agencies. Within 30 days after receipt of the plan approved by the governing board, the Department shall notify the District in writing whether the District’s plan is consistent with the intent and provisions of the State Water Policy and the State Comprehensive Plan. This determination shall not constitute a Department rule or order.

(a) If the Department determines the plan is consistent, the District shall publish notice of adoption of the approved plan in the Florida Administrative Register. This shall constitute final District action on the Adopted Plan and is subject to review pursuant to Section 373.114, F.S.

(b) If the Department determines the plan is inconsistent, the Secretary shall notify the District of the changes recommended by the Department to make the plan consistent. The District governing board shall review the recommended changes at its next scheduled meeting and shall either adopt them or state why the recommended changes are not adopted. After this meeting the District shall publish notice of adoption of the approved plan in the Florida Administrative Register. Such publication shall constitute final District action on the Adopted Plan and is subject to review pursuant to Section 373.114, F.S.

(5) Adopted Plans shall be updated by the Districts as necessary, but in no event later than every 3 years. A regular schedule of review of updated plans, pursuant to Sections 373.455 and 373.456, F.S., shall begin July 1, 1990. Plans shall be reviewed on an annual cycle with a Section 373.455, F.S., review period of 2 months per year per District with the order to be Northwest Florida, Suwannee River, St. Johns River, South Florida, and Southwest Florida Water Management District. The schedule may be adjusted as needed to use the remaining two months of the annual review cycle to address other necessary plan revisions. Each District shall, in consultation with the Department, select those plans to be updated during a specific review cycle.

(6) Substantially revised plans shall be submitted for review as specified by subsections 62-43.035(3) and (4), F.A.C. Departmental review of revised plans shall be required when the revisions significantly impact the completion of any portion of an Adopted Plan or where the revisions include the addition of new plan strategies.

History

• Rulemaking Authority 373.043, 373.453 FS. Law Implemented 373.026, 373.451, 373.453, 373.455, 373.456 FS. History–New 12-7-87, Joint Administrative Procedures Committee Objection Filed – See FAW Vol. 14, No. 21; Modified – Chapter 89-279, Laws of Florida; Amended 2-21-90, Formerly 17-43.035.

Fla. Admin. Code R. 62-43.050 Release of Funds

(1) The Department shall release money from the Fund to each District for the development of priority lists or plans or for implementation of Adopted Plans. Implementation funds, including matching funds, are only to be used for new activities or the expansion of current activities, and not to continue previously funded District activities.

(2) A District requesting release of money from the Fund shall submit to the Department a request from the District governing board. The District governing board may delegate funding request authority for implementing Adopted Plans to the District Executive Director by resolution. Requests from the District governing board shall bear the District seal. Requests from the District Executive Director shall be notarized and shall cite the delegation authority. The request shall certify that the money is needed to reimburse the District for expenditures during a specified time period or to meet the reasonably expected cash needs of the District within the next 90 days and that the money was or will be used for either Priority Planning or implementation of an Adopted Plan and shall specifically include:

(a) The amount of money being requested;

(b) The total cost of the activity for which funds are requested;

(c) A statement that the District has deposited and presently made available in the District’s separate Surface Water Improvement and Management Fund 20 percent of the amount identified in paragraph (b), above;

(d) Selected technical project designs and other scopes-of-work and descriptions for verification of the achievement of the original purposes of the Adopted Plan or portion thereof for which the money is requested including reference to the specific portion of the Adopted Plan being addressed; and,

(e) A statement that the proposed use of requested money is consistent with the Adopted Plan; Chapter 187, F.S. (the State Comprehensive Plan); and Chapter 62-40, F.A.C. (the State Water Policy).

(f) The quarterly report required in subsection 62-43.070(2), F.A.C.

(3) The Department shall review the request for money using the criteria specified in the Procedures Manual. Within 30 days after receipt of the certifying resolution, the Secretary shall authorize the release of the requested money or shall notify the District in writing why the money cannot be released.

(4) District expenditures, for purposes set out in subsection (1), above, made after July 1, 1987, to implement the provisions of Sections 373.451 through 373.459, F.S., and this rule shall be eligible for reimbursement from the Fund. Only upon written approval of the Secretary may projects which were initiated prior to July 1, 1987 be eligible for reimbursement of expenditures incurred after July 1, 1987 or be applied to the District’s 20 percent match requirement.

(5) Any money released from the Fund shall be accounted for in a separate District fund together with the District’s 20 percent match requirement to provide for segregated accountability. Any District fund money shall be continuously invested, and any accrued interest shall be credited to the District fund.

History

• Rulemaking Authority 373.043 FS. Law Implemented 373.026, 373.451, 373.457, 373.459 FS. History–New 12-7-87, Amended 2-21-90, 5-3-90, Formerly 17-43.050.

Fla. Admin. Code R. 62-43.060 District Share of Fund

(1) Each September 1 each District shall submit to the Department a funding proposal for the next state fiscal year for review and approval. Each proposal shall be based on the Adopted Plan funding estimates which shall be revised to reflect actual and projected progress toward meeting Plan goals. Each proposal shall specify the Adopted Plan and portion thereof which needs state funding and the amount of funding and shall describe those activities for which funds are requested. The department shall consider these proposals, as approved, in developing its annual budget request.

(2) The Department shall not release more than 80 percent of the amount of money specified by a District as necessary for Priority Planning or implementing the Adopted Plans. A District shall provide at least 20 percent of the amount of money necessary for Priority Planning or for implementing the Adopted Plans from District ad valorem revenues, operations funds, or cash grants accepted for the purposes of the implementation of the Adopted Plan.

(3) Any one District may not receive more than 50 percent of the moneys in the Fund in any year unless otherwise authorized by law.

(4) Beginning in state fiscal year 1990-1991 each District shall receive the amount requested pursuant to Section 373.453(4), F.S., and subsection 62-43.060(1), F.A.C., or 10 percent of the money in the appropriation, which ever is less. The balance of the appropriation shall be allocated annually by the Department based on the specific needs of the Districts as specified in the Adopted Plans and funding requests. The Department shall review each District’s needs and may grant a District’s request to retain for the District’s future application any money in the Fund which was allocated to the District but which remains unencumbered by the District at the end of the state fiscal year. District retention of such money shall be contingent on the ability of the requesting District to make timely and effective use of the money.

History

• Rulemaking Authority 373.043 FS. Law Implemented 373.026, 373.451, 373.453, 373.457, 373.459 FS. History–New 12-7-87, Amended 2-21-90, Formerly 17-43.060.

Fla. Admin. Code R. 62-43.070 Reports

(1) On July 1 of each year and each quarter thereafter or as soon thereafter as possible, the Department shall prepare and furnish to each District a financial statement providing the current unobligated cash balance in the Fund for each District.

(2) On July 1 of each year and each quarter thereafter, each District shall submit to the Secretary a certified report of activities conducted with Fund money during the preceding quarter, including, at least, a brief description of projects being implemented, a listing of receipts, disbursements, District match, and account status for each project for each water body with an Adopted Plan.

(3) Any Fund money and related accrued interest remaining with the Districts on completion of an Adopted Plan or portion thereof shall be credited to the Fund or, upon the approval of the Secretary, transferred to implement another of the District’s Adopted Plans or portions thereof for which money was requested.

(4) In January of each year, each District shall submit to the Secretary a progress report of all activities conducted toward completing the strategies contained in an Adopted Plan during the preceding year.

(5) The financial audit as required by Section 11.45(3), F.S., shall include a statement regarding the District’s compliance with all applicable rules.

History

• Rulemaking Authority 373.043 FS. Law Implemented 373.026, 373.451, 373.457, 373.459 FS. History–New 12-7-87, Amended 2-21-90, Formerly 17-43.070.

Fla. Admin. Code R. 62-43.100 Advisory Table of Approval Surface Water Priority Lists

History

• Rulemaking Authority 373.043, 373.453 FS. Law Implemented 373.026, 373.451, 373.453 FS. History–New 2-21-90, Formerly 17-43.100, Repealed 2-28-12.

Chapter 62-45 25-YEAR PERMITS FOR MAINTENANCE DREDGING IN DEEPWATER PORTS

Fla. Admin. Code R. 62-45.001 Authority, Intent and Policy

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.01, 17-45.001, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.020 Scope

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Amended 10-16-84, Formerly 17-45.02, 17-45.020, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.030 Prohibitions

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.088, 403.816 FS. History–New 3-28-84, Formerly 17-45.03, 17-45.030, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.040 Definitions

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.04, 17-45.040, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.050 Permit Requirement

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.05, 17-45.050, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.060 Procedure to Obtain Permit

History

• Rulemaking Authority 403.061(7), 403.087(6), 403.805(1) FS. Law Implemented 403.087(6), 403.816 FS. History–New 3-28-84, Amended 10-16-84, 8-28-85, Formerly 17-45.06, 17-45.060, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.070 Phase I

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Amended 10-16-84, Formerly 17-45.07, 17-45.070, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.080 Phase II

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.08, 17-45.080, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.090 Malfunctions or Emergencies

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.09, 17-45.090, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.100 Suspension and Revocation

History

• Rulemaking Authority 403.061, 403.087, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.151, 403.161, 403.816, 403.901-403.915 FS. History–New 3-28-84, Formerly 17-45.10, 17-45.100, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.110 Modifications

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Amended 10-16-84, Formerly 17-45.11, 17-45.110, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.120 Renewals

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.12, 17-45.120, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.130 Liabilities

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.13, 17-45.130, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.140 Transfer of Permit

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.14, 17-45.140, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.150 General Technical Guidance

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.15, 17-45.150, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.160 Standards for Issuance or Denial of a Permit

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Amended 10-16-84, Formerly 17-45.16, 17-45.160, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.170 Sediment Criteria and Management Practices

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.17, 17-45.170, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.180 Mixing Zones

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.061(11), 403.816 FS. History–New 3-28-84, Formerly 17-45.18, 17-45.180, Repealed 11-26-15.

Fla. Admin. Code R. 62-45.190 Port-Wide Long-Term Maintenance Dredged Material Management Plan

History

• Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History–New 3-28-84, Formerly 17-45.19, 17-45.190, Repealed 11-26-15.

Chapter 62-104 ADMINISTRATIVE PROCEDURES FOR THE WATER RESOURCES RESTORATION AND PRESERVATION PROGRAM

Fla. Admin. Code R. 62-104.040 General; Application of Funds and Criteria for Selection of Proposals and Allocation of Funds

History

• Rulemaking Authority 403.061(28) FS. Law Implemented 403.0615 FS. History–New 5-29-78, Formerly 17-1.126, Amended 6-1-84, Formerly 17-104.040, Amended 11-28-96, Repealed 2-23-12.

Chapter 62-107 SHORT-TERM EMERGENCY RESPONSE

Fla. Admin. Code R. 62-107.030 Expenditure of Funds from the Water Quality Assurance Trust Fund

(1) In responding to short-term emergencies, the Department may use monies from the Water Quality Assurance Trust Fund for, among other things, the following purposes:

(a) Contracting with independent contractors for the assessment and taking of remedial action to alleviate a short-term emergency.

(b) For the purchase or rental of equipment needed to relieve a short-term emergency.

(c) For the temporary repair of structures or facilities as necessary to relieve a short-term emergency.

(d) To provide a temporary alternate source of drinking water where a community water system (as defined in Rule 62-22.103, F.A.C.), or a private well that provides water to residential dwellings has been contaminated to such an extent as to result in a short-term emergency.

(2) Generally, trust fund monies shall not be used for the following purposes:

(a) Routine maintenance and normal repair of structures or facilities.

(b) Permanent or long-term replacement of structures or facilities, unless such repair or replacement is the only feasible means of preventing or abating a short-term emergency.

(c) Administrative costs of other governmental agencies involved in cleanup operations.

History

• Rulemaking Authority 403.1655 FS. Law Implemented 403.1655 FS. History–New 2-16-84, Formerly 17-107.030.

Chapter 62-109 CONTRACT BIDDING NOTICE AND PROTEST PROCEDURES

Fla. Admin. Code R. 62-109.010 Definitions

History

• Rulemaking Authority 120.53, 403.061 FS. Law Implemented 120.53 FS. History–New 6-30-86, Formerly 17-109.010, Repealed 1-11-11.

Fla. Admin. Code R. 62-109.020 Notification

History

• Rulemaking Authority 120.53(5), 403.061 FS. Law Implemented 120.53 FS. History–New 6-30-86, Formerly 17-109.020, Repealed 1-11-11.

Fla. Admin. Code R. 62-109.030 Protests

History

• Rulemaking Authority 120.53(5), 403.061 FS. Law Implemented 120.53 FS. History–New 6-30-86, Formerly 17-109.030, Repealed 1-11-11.

Fla. Admin. Code R. 62-109.040 Agency Action

History

• Rulemaking Authority 120.53(5), 403.061 FS. Law Implemented 120.53 FS. History–New 6-30-86, Formerly 17-109.040, Repealed 1-11-11.

Chapter 62-110 EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE

Fla. Admin. Code R. 62-110.103 Rulemaking Procedures

(1) Notice.

(a) In addition to complying with the notice provisions of Rule Chapter 28-103 of the Uniform Rules of Procedure, notice of the Department’s intent to adopt, amend, or repeal a rule shall be given in accordance with any applicable federal regulations, and a copy of the notice for any rulemaking hearing before the Environmental Regulation Commission shall be mailed to each Commissioner on the same day the notice is submitted to the Florida Administrative Register.

(b) When a proposed rule is directed toward a particular class of persons, the notice published in the Florida Administrative Register is the prescribed notice unless a statute requires additional notice.

(2) Public Participation.

(a) In conducting the hearing, the Commission or Secretary shall swear all witnesses and shall follow Robert’s Rules of Order Newly Revised (9th ed. 1990) when necessary to resolve procedural questions not covered by either the Department’s rules or the Uniform Rules of Procedure.

(b) After publication of the notice of proposed rulemaking under Section 120.54(3)(a), F.S., any proposed amendments to the rule as noticed or other comments or objections should be submitted in writing no later than fifteen days before the hearing to the Commission and the Secretary, to allow sufficient time to evaluate the proposed amendments and facilitate greater public participation. Nothing in this paragraph shall be considered to abridge the right of any affected person to participate at a hearing conducted by the Commission or Secretary. Proposed amendments submitted in accordance with this paragraph shall:

1. Be submitted on opaque, unglossed white paper measuring 8 1/2 by 11 inches, with numbered lines, and clearly identify the portion of the rule proposed to be amended,

2. Indicate deletions from the rule as noticed by double struck-through type and additions by double underlining; and,

3. Include an explanation of the reasons for the proposed amendment and objections to the language of the rule as noticed.

(3) Rulemaking proceedings before the Commission shall be recorded. The Department shall make appropriate arrangements to ensure that the Commission rulemaking proceedings are recorded and preserved. A written transcript of the rulemaking proceeding shall be prepared, if requested, at the cost of the requesting party. Rulemaking proceedings before the Secretary shall be mechanically recorded and preserved. If requested, a written transcript of the recording shall be prepared, or a copy of the recording provided, at the cost of the requesting person.

History

• Rulemaking Authority 120.54(5) FS. Law Implemented 120.52(7), 120.54(3)(a),(c),(5)(b), 120.569, 120.57, 373.026, 373.044, 403.804, 403.805 FS. History–New 7-1-98.

Fla. Admin. Code R. 62-110.104 Variances or Waivers

(1) Although a person seeking a variance under Section 120.542F.S., must comply with Rule Chapter 28-104, F.A.C., a person seeking a variance under Section 373.414(17) or 403.201, F.S., must demonstrate that any hardship asserted as a basis of the need for a variance is peculiar to the affected property and not self-imposed and that the grant of a variance will be consistent with the general intent and purpose of Section 373.414 or Chapter 403, F.S., as applicable. Any person seeking such a variance shall file a petition containing the following information:

(a) The petitioner’s name and signature.

(b) The statute or rule from which the variance is sought.

(c) Facts showing that a variance should be granted for one of the reasons set forth in Section 403.201, F.S.

(d) The time period for which the variance is sought, including the reasons and facts supporting the time period.

(e) The requirements that the petitioner can meet, including the date or time when the requirements will be met.

(f) The steps or measures that the petitioner is taking to meet the requirement from which the variance is sought. If the request is pursuant to Section 403.201(1)(b), F.S., the petitioner shall include a schedule when compliance will be achieved.

(g) The social, economic, and environmental impacts on the applicant and on residents of the area and of the state if the variance is granted.

(h) The social, economic, and environmental impacts on the applicant and on residents of the area and of the state if the variance is denied.

(2) The Department shall review a petition for a variance under Section 373.414(17) or 403.201, F.S., within thirty days after receipt to determine if the application is complete. If the petition is determined to be incomplete, the petitioner shall be afforded an opportunity to supply additional information before the Department evaluates the merits of the request.

(3) The Department shall prepare a notice of intended agency action on the petition for a variance under Section 373.414(17) or 403.201, F.S. The Department shall publish this notice once in the Florida Administrative Register, and the petitioner shall publish notice of intended agency action on the petition once, at his own expense, in a newspaper of general circulation (as defined in Section 50.031, F.S.) in the county in which the property for which the variance is sought is located.

(4) Renewals of variances shall be applied for in the same manner as the initial variance.

(5) Requests for variances from the permitting requirements for air operations shall be governed by subparagraph 62-212.400(4)(a)3.-6., F.A.C., drinking water variances shall be governed by Rule 62-560.510, F.A.C., those for variances for wastewater facilities discharging to surface waters shall be governed by paragraph 62-620.100(3)(p), F.A.C., (incorporating The Department of Environmental Protection Guide to Wastewater Permitting), and those for phosphate land reclamation variances under Section 378.212, F.S., shall be governed by Rule 62C-16.0045, F.A.C.

(6) Requests for waivers of chlorination requirements for public drinking water systems shall be governed by Rule 62-560.530, F.A.C., those for waivers of requirements for certified operators for such systems shall be governed by Rule 62-560.540, F.A.C., those for waivers of monitoring requirements for such systems shall be governed by Rule 62-560.545, F.A.C., and those for waivers of monitoring requirements for asbestos, dioxin, or butachlor in such systems shall be governed by Rule 62-560.546, F.A.C.

(7) Rule 62-620.800, F.A.C., shall govern requests for variances for discharges regulated under Section 403.0885, F.S., authorizing the federally approved state National Pollutant Discharge Elimination System (NPDES) Program for discharges of pollutants into waters of the state.

(8) Subsections 62-160.400(6)-(8), F.A.C., shall govern applications for approval of alternative procedures to the laboratory and field analytical and quality control requirements otherwise imposed by Rule 62-160.400, F.A.C.

(9) Rule 62-297.620, F.A.C., shall govern requests for approval of alternative procedures or requirements for any air pollution “emissions unit” as defined in subsection 62-210.200(111), F.A.C.

(10) Paragraph 62-601.400(1)(b), F.A.C., shall govern requests for approval of alternative methods for sampling and testing for wastewater facilities.

(11) Rule 62-701.310, F.A.C., shall govern requests for approval of alternative procedures and requirements for solid waste management facilities.

(12) For approval of variances and waivers for technical and financial audits under Section 376.3071(12)(k)5.a., F.S., a petitioner shall comply with Rule 28-104, F.A.C., except that the petition need not show why the variance or waiver requested would serve the purposes of the underlying statute.

History

• Rulemaking Authority 120.54(5), 373.044, 373.113, 373.414(9),(17), 378.212, 403.061(7), 403.087, 403.088, 403.0885, 403.08851, 403.853(3), 403.861(9) FS. Law Implemented 373.414(9),(17), 376.3071, 378.212, 403.031, 403.061, 403.0877, 403.088, 403.0885, 403.201, 403.852(12),(13), 403.853, 403.854(1),(4), 403.857 FS. History–New 7-1-98.

Fla. Admin. Code R. 62-110.105 Formal Determinations of the Landward Extent of Wetlands and Surface Waters

Requests for formal determinations of the landward extent of wetlands and surface waters shall be governed by Rule 62-343.040, F.A.C.

History

• Rulemaking Authority 120.54(5), 373.026, 373.043, 373.044, 373.421 FS. Law Implemented 120.60, 373.026, 373.117, 373.421 FS. History–New 7-1-98.

Fla. Admin. Code R. 62-110.106 Decisions Determining Substantial Interests

(1) Service. Service of any document shall be deemed complete upon being properly addressed, stamped, and deposited in the United States Mail, or upon receipt of the complete document by the clerk of the Department or any other party to whom a document is sent by facsimile transmission or hand delivery (including express or courier services such as Federal Express).

(2) “Receipt of Notice of Agency Action” Defined. As an exception to subsection 28-106.111(2), F.A.C., for the purpose of determining the time for filing a petition for hearing on any actual or proposed action of the Department as set forth below in this rule, “receipt of notice of agency action” means either receipt of written notice or publication of the notice in a newspaper of general circulation in the county or counties in which the activity is to take place, whichever first occurs, except for persons entitled to written notice personally or by mail under Section 120.60(3), F.S., or any other statute. For purposes of this section, “publication of the notice” for hazardous waste permits shall mean the publication of the notice in a newspaper or the broadcast of the notice over a local radio station (both of which are required) in accordance with subsection 62-730.220(9), F.A.C., whichever is later. “Notice of agency action” shall include notice of intended agency action as well as actual agency action. For applications reviewed concurrently under Section 373.427, F.S., “notice of agency action” shall mean only the consolidated notice of intent to grant or deny. Except where otherwise provided by statute or this rule chapter, a timely petition requesting an administrative hearing shall be filed within twenty-one days of such receipt of notice of agency action.

(3) Time for Filing Petition.

(a) A petition shall be in the form required by Rule 28-106.201 or 28-106.301, F.A.C., and must be filed (received) in the office of General Counsel of the Department within the following number of days after receipt of notice of agency action, as defined in subsection (2), of this rule above:

1. Petitions concerning Department action or proposed action on applications for permits under Chapter 403, F.S., and related authorizations under Section 373.427, F.S., (except permits for hazardous waste facilities): fourteen days,

2. Petitions concerning Department action or proposed action on applications for hazardous waste facility permits: forty-five days,

3. Petitions concerning notices of violation: twenty days after receipt of the notice of violation,

4. Petitions concerning Department action or proposed action on applications for permits under statutes other than Chapter 403 or Section 373.427, F.S., or concerning other Department actions or proposed actions: twenty-one days.

The petitioner shall also serve a copy of the petition on all other parties to the proceeding, as identified in the notice, at the time of filing.

(b) Failure to file a petition within the applicable time period after receiving notice of agency action shall constitute a waiver of any right to request an administrative proceeding under Chapter 120, F.S.

(4) Enlargement of Time. For good cause shown, the Secretary of the Department (or the Secretary’s designee) may grant an enlargement of time for the doing of any act required or allowed to be done under an order of the Department, the Uniform Rules of Procedure, or any rule of the Department or notice given under such a rule, if the request for such enlargement is made before the expiration of the period to be enlarged, or may allow the act to be done even if the period has expired, upon motion showing that the failure to act was the result of excusable neglect.

(5) Notices: General Requirements. Each person who files an application for a Department permit or other approval may publish or be required to publish a notice of application or other notice as set forth below in this section. Except as specifically provided otherwise in this paragraph, each person publishing such a notice under this section shall do so at his own expense in the legal advertisements section of a newspaper of general circulation (i.e., one that meets the requirements of Sections 50.011 and 50.031, F.S.) in the county or counties in which the activity will take place or the effects of the Department’s proposed action will occur, and shall provide proof of the publication to the Department within seven days of the publication. For federally enforceable general permits approved by the Department for air operations, however, notice of a draft permit shall be published in the Florida Administrative Register, in accordance with 40 C.F.R. sec. 70.7(h)(1). In addition to the provisions of this section, other specific requirements for notices are as follows: notices for variances and waivers are governed by Rule 62-110.104, F.A.C., notices for federally enforceable air operation permits are governed by Rule 62-210.350, F.A.C., notices for exemptions from water quality criteria are governed by paragraph 62-4.243(1)(a), F.A.C., those for exemptions for water bodies classified for navigation, utility, and industrial use are governed by paragraph 62-4.243(2)(a), F.A.C., notices for exemptions from the limitations imposed on mixing zones are governed by paragraph 62-4.244(1)(c), F.A.C., notices for general permits are generally governed by subsection 62-4.530(5), F.A.C., notices on site-specific alternative criteria are governed by subparagraph 62-302.800(4)(c)7., F.A.C., notices for “noticed general permits” in the environmental resource permitting program are governed by paragraphs 62-343.090(1)(d)-(e), (2)(c), and (2)(h)-(j), F.A.C., notices on permits for underground injection wells are governed by Rule 62-528.315, F.A.C., notices on wastewater facility permits are governed by Rule 62-620.550, F.A.C., notices for general permits for solid waste transfer stations are governed by subsection 62-701.801(7), F.A.C., and notices (including the federal requirement for such notice to be broadcast over one or more local radio stations) for hazardous waste permits are governed by subsections 62-730.220(9) and (11), F.A.C.

(6) Notice of Application. Publication of a notice of application shall be required for those projects that, because of their size, potential effect on the environment or natural resources, controversial nature, or location, are reasonably expected by the Department to result in a heightened public concern or likelihood of request for administrative proceedings. If required, the notice shall be published by the applicant one time only within fourteen days after a complete application is filed and shall contain the name of the applicant, a brief description of the project and its location, the location of the application file, and the times when it is available for public inspection. The notice shall be prepared by the Department and shall comply with the following format:

Notice of Application

The Department of Environmental Protection announces receipt of an application for permit from [name of applicant] to [brief description of project]. This proposed project will be located at [location] in [city, if applicable] in [county]. This application is being processed and is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at [name and address of office].

A notice of application for an environmental resource permit shall also contain the information required by Sections 373.413(3)-(4), F.S.

(7) Notice of Proposed Agency Action on Permit Application. After processing a permit application, the Department shall give the applicant either a notice of permit issuance (or denial) or a notice of the Department’s intent to issue (or deny). Each such notice shall comply with the requirements for format, content, and publication as set forth below in this subsection.

(a) The Department shall require publication of notice of the Department’s proposed action on an application in the following circumstances:

1. The Department shall require applicants to publish an intent to issue for all construction permits for domestic wastewater treatment plants, industrial wastewater treatment plants, Class I, Class III, or major Class V underground injection control wells, solid waste disposal facilities, hazardous waste facilities, and air pollution sources, as well as any other project (including any environmental resource or wetland resource project) that the Department finds is reasonably expected to result in a heightened public concern or likelihood of a request for administrative proceedings because of its size, potential effect on the environment or natural resources, controversial nature, or location. In addition, all applicants shall publish a notice of intent to issue under Rule 62-210.350, F.A.C., for federally enforceable air operation permits, permit revisions, and permit renewals, including those processed under the provisions of Chapter 62-213 of the F.A.C., but not for permit revisions meeting the requirements of subsection 62-213.412(1), F.A.C.

2. Applicants for construction permits for drinking water treatment plants whose facilities will discharge to surface or ground water and will be required to obtain a permit to discharge or any other permit from the Department shall publish a notice of intent to issue a permit.

3. Applicants for construction or expansion of solid waste facilities shall publish a notice of intent to deny a permit.

4. After publication of a notice of intent to issue or intent to deny a permit application, the applicant shall publish an additional notice if the subject activity or project is substantially modified by the applicant and the Department proposes to issue the permit with the modification. The additional notice shall not be required for applications for which a notice of administrative proceeding on a permit application has been published under paragraph (7)(e), below. For the purposes of this subparagraph, the phrase “substantially modified” means a relocation or modification of the activity or project that is reasonably expected to cause new or significantly greater adverse environmental impacts.

(b) The applicant shall cause the notice to be published as soon as possible after notification by the Department of its intended action. The provisions of Section 120.60(1), F.S., shall be tolled by the request of the Department for publication of the notice and shall resume fourteen days after receipt of proof of publication, at the address specified by the Department in its request for publication.

(c) The notice shall be prepared by the Department and shall contain the following:

1. The name of the applicant and a brief description of the proposed activity and its location,

2. The location of the application file and the times when it is available for public inspection,

3. A statement of the Department’s intended action; and,

4. A notification of the opportunity to request an administrative hearing and mediation (if available) that reads substantially as set forth in paragraph (12), of this rule, below.

(d) The notice required by this subsection shall read substantially as follows:

Notice of Intent to [insert “Issue” or “Deny” as appropriate] Permit

The Department of Environmental Protection gives notice of its intent to [issue] [deny] a permit to [name and address of applicant] to [brief description of project or activity]. The application is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at [name and address of office].

[Insert the language setting forth the notice of rights, as provided in paragraph (12), of this rule, below.]

(e) Notice of Administrative Proceeding. If the applicant initiates an administrative proceeding on a permit denial or an intent to deny and the project or activity is one for which publication of a notice of intent to issue would have been required under subparagraph (7)(a)1., above, the applicant shall publish a notice of administrative proceeding on permit application.

1. The notice shall be published at the applicant’s expense either:

a. Within fifteen days after the applicant’s petition for administrative proceeding has been forwarded to the Division of Administrative Hearing (DOAH) or within fifteen days after the initiation of an administrative proceeding before the Department under Section 120.569, F.S.; or, at the applicant’s option,

b. Within fifteen days after the applicant has filed a request for an extension of time in which to file a petition for an administrative proceeding.

2. The notice shall read substantially as follows:

Notice of Administrative Proceeding on Permit Application

The Department of Environmental Protection gives notice of receipt of a [insert “request for an extension of time in which to file a” if appropriate] petition for an administrative proceeding (hearing) on the Department’s [intent to deny] [denial of] a permit to [name and address of applicant, application number, OGC file number, and DOAH case number, if applicable] to [brief description of activity or project and of location].

The administrative hearing process is designed to formulate agency action. Accordingly, the Department’s final action may be different from the proposed agency action and may result in the issuance of a permit as requested by the applicant or as modified in the course of the proceeding or by settlement.

[Insert the language setting forth the notice of rights, as provided in paragraph (12), of this rule, below.]

(f) Notices of intent to issue a permit for hazardous waste facilities shall be in the format set forth above but shall include the time frames and meet the federal requirements set forth in subsection 62-730.220(9) of the F.A.C.

(8) Notice of Proposed Agency Action (Non-permitting). On a matter other than a permit application, the Department or any applicant, petitioner for a variance or waiver, party to a consent order, or person seeking the Department’s authorization or approval of a report, plan, proposal, or other request (excluding any request for hearing) may publish or be required to publish notice of the proposed action in substantially the following format:

State of Florida Department of Environmental Protection Notice of Proposed Agency Action

The Department of Environmental Protection gives notice that it proposes [insert phrase describing the agency action proposed (e.g., to approve a consent order)] in reference to [a description and location of the subject matter or activity covered by the action, the Department’s identification number, and the name and address of any person to whom the action is directed]. Complete copies [of any document and accompanying material expressing the proposed agency action] are available for public inspection during normal business hours 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at [name and address of office].

[Insert the language setting forth the notice of rights, as provided in paragraph (12), of this rule, below, except that references in that notice to deadlines of fourteen days shall be replaced by references to twenty-one days.]

(9) Proof of Publication. Notice to substantially affected persons on applications for Department permits or other authorizations is an essential and integral part of the state environmental permitting process. Therefore, no application for a permit or other authorization for which published notice is required shall be granted until proof of publication of notice is made by furnishing a uniform affidavit in substantially the form prescribed in Section 50.051 of the Florida Statutes, to the office of the Department issuing the permit or other authorization. Applicants for hazardous waste permits must also comply with subsection 62-730.220(11), F.A.C.

(10)(a) Any applicant or person benefiting from the Department’s action may elect to publish notice of the Department’s intended or proposed action (or notice of a proceeding on such intended action) in the manner provided by subsection (7) or (8), above. Upon presentation of proof of publication to the Department before final agency action, any person who has elected to publish such notice shall be entitled to the same benefits under this rule as a person who is required to publish notice. Since persons whose substantial interests are affected by a Department decision may petition for an administrative proceeding within the time provided in this rule (at subsection (3), above) after receipt of notice of agency action, and since receipt of such notice can occur at any time unless notice is given or published as prescribed in this rule, the applicant or other person requesting a particular action by the Department cannot justifiably rely on the finality of the Department’s decision unless the notice has been duly published or otherwise provided to all persons substantially affected by the decision.

(b) The notices required by this rule may be combined with other notices required by the Department under Chapter 373, 376, 378, or 403, F.S., or Title 62 of the Florida Administrative Code. For applications concurrently reviewed under Section 373.427, F.S., the provisions of that statute shall govern.

(c) The provisions of this section shall also apply to the permitting and regulation of hazardous waste facilities, except that subsections 62-730.220(9), 62-730.220(11), and 62-730.310(6), F.A.C., shall govern to the extent that they provide for a different time or notice procedure than that set forth in this section.

(d) In issuing notices on permits or administrative orders under a federally delegated or approved program, the Department shall follow the procedures approved by the federal government for the Department’s implementation of the program: Rule 62-210.350 of the F.A.C., for air quality programs, Rule 62-528.315, F.A.C., for the underground injection control program, Rule 62-620.550, F.A.C., for the National Pollutant Discharge Elimination System program, and subsection 62-730.220(9) and 62-730.220(11), F.A.C., for the program regulating hazardous wastes. In general, those rules require that the Department or the applicant give public notice that a draft permit (or an order that is not the result of a hearing under Section 120.569, F.S.) has been prepared, including a statement whether a public meeting has been scheduled on the permit or order. Public notice of such a permit or order shall allow at least thirty days for public comment for air, underground injection control, and national pollution discharge elimination system permits, and forty-five days for such public comment on hazardous waste permits. If a public meeting on such a permit or order is scheduled, public notice of the meeting shall be given at least thirty days before the meeting. The two notices may be combined.

(11) Failure to publish any notice of application, notice of intent to issue permit, or notice of agency action required by the Department shall be an independent basis for the denial of the permit or other pertinent approval or authorization.

(12) Notice of Right to Hearing and to Mediation. Every notice under this section required to include a notice of the right to an administrative hearing and to mediation (when available) shall read substantially as follows, in pertinent part:

[Insert either “The Department will issue the permit with the attached conditions” or “The Department’s proposed agency action shall become final”] unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. [If mediation is available, insert: “Persons who have filed such a petition may seek to mediate the dispute, and choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement.”] The procedures for petitioning for a hearing are set forth below [if mediation is available, insert, “followed by the procedures for pursuing mediation”].

A person whose substantial interests are affected by the Department’s proposed [insert either “permitting decision” or “agency action”] may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.

[For written notice, insert the following: “Petitions by the applicant or any of the parties listed below must be filed within [insert “fourteen,” “twenty,” or “twenty-one,” or “forty-five,” as specified for the kind of agency action under subsection (3), of this rule, above] days of receipt of this written notice. Petitions filed by other persons.”]

[For published notice related to a permit, insert the following: “Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), F.S.”] must be filed within [insert “fourteen,” “twenty,” or “twenty-one,” or “forty-five,” as specified for the kind of agency action under subsection (3), of this rule, above] days of publication of the notice or receipt of the written notice, whichever occurs first. [For written notice, insert the following: “Under Section 120.60(3), F.S., however, any person who asked the Department for notice of agency action may file a petition within fourteen days of receipt of such notice, regardless of the date of publication.”] The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person’s right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

A petition that disputes the material facts on which the Department’s action is based must contain the following information: [insert the categories of required information listed in subsection 28-106.201(2), F.A.C.]. A petition that does not dispute the material facts on which the Department’s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301, F.A.C.

Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department’s final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.

[Insert either the statement that “Mediation is not available in this proceeding,” or the following statement:

In addition to requesting an administrative hearing, any petitioner may elect to pursue mediation. The election may be accomplished by filing with the Department a mediation agreement with all parties to the proceeding (i.e., the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing). The agreement must contain all the information required by Rule 28-106.404, F.A.C. The agreement must be received by the clerk in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within ten days after the deadline for filing a petition, as set forth above. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement.

As provided in Section 120.573, F.S., the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, F.S., for holding an administrative hearing and issuing a final order. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons seeking to protect their substantial interests that would be affected by such a modified final decision must file their petitions within [insert “fourteen,” “twenty,” or “twenty-one,” or “forty-five,” as specified for the kind of agency action under subsection (3), of this rule, above] days of receipt of this notice, or they shall be deemed to have waived their right to a proceeding under Sections 120.569 and 120.57, F.S. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, F.S., are resumed.]

Any party to this order has the right to seek judicial review of it under Section 120.68, F.S., by filing a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this order if filed with the clerk of the Department.

History

• Rulemaking Authority 120.54(5), 403.061, 403.0876, 403.722(7), 403.815 FS. Law Implemented 120.54(5), 120.569, 120.57, 120.60, 161.0535, 373.413(4), 373.4145, 373.427, 403.0872(4)-(5), 403.0876, 403.121(2)(c), 403.201(3), 403.722, 403.814, 403.815 FS. History–New 7-1-98.

Fla. Admin. Code R. 62-110.107 Licensing

(1) In addition to the requirements for the processing of applications under subsections 28-107.002(2), 62-4.055(1), 62-312.006(5), paragraph 62-343.090(2)(f), and Rules 62-343.040, and 62-620.510, F.A.C., govern the processing of applications by the Department, providing that an applicant or petitioner must respond to a request for additional information within a specified time period or the application or petition will be denied or dismissed. For hazardous waste permits, subsection 62-730.220(9), F.A.C., governs, providing in accordance with federal requirements and Section 403.722(10)(c), F.S., that the Department must give notice of its intent to issue or deny such a pemit within 135 days (instead of the ninety-day period provided by Section 120.60(1), F.S.) after receipt of the original permit application, the last item of timely requested additional information, or the applicant’s written request to begin processing the application. For Title V permits for air operations, paragraph 62-213.420(1)(b), F.A.C., governs, in accordance with federal requirements.

(2) When the Department has determined that immediate action is necessary to abate an imminent or currently existing serious threat to the public health, safety, welfare, or the environment, the Department shall issue an emergency order authorizing or directing activities necessary to abate the emergency. When such an order is issued in whole or part under the authority of Section 373.119(2), F.S., it may also be based on a serious threat to reasonable recreational, commercial, industrial, or agricultural uses. Such an order shall recite the factual basis for it in accordance with Section 120.569(2)(1), F.S., and include all conditions (including a limitation on the duration of the emergency authorization) required to ensure that the activity authorized or directed does not exceed that which is necessary to abate the threat. When the activity conducted under such an order has an operational or maintenance aspect that continues beyond the emergency, any necessary permits shall be applied for as soon as practicable. Rule 62-210.700, F.A.C., shall govern the authorization of excess emissions of air contaminants because of startup, shutdown, or malfunction, subsection 62-256.450(4), F.A.C., shall govern authorization of otherwise unapproved devices and fuels for outdoor heating in the event of prolonged cold weather and shortage of approved fuels, subsections 62-256.500(4), 62-256.600(1), and paragraph 62-296.320(3)(b), F.A.C., shall govern the emergency authorization of open burning, and subparagraph 62-296.404(3)(a)3., F.A.C., shall govern the approval of contingency plans for emergency threats to air quality at pulp and paper mills. For the authorization of anticipated bypasses of wastewater discharges (intentionally diverted from any portion of a treatment works), subsection 62-620.610(22), F.A.C., shall govern. Rule 62-730.161, F.A.C., governs the procedures for obtaining an emergency identification number required before offering hazardous wastes for transport under specified special circumstances and emergency situations, and Rule 62-730.320, F.A.C., governs the procedures for emergency detonation or thermal treatment of reactive hazardous wastes.

(3) For certain minor activities related to dredging and filling, Rules 62-4.530, 62-312.800, and paragraph 62-343.090(1)(d), F.A.C., shall govern, providing an expedited procedure that allows the undertaking of an activity thirty days after submission of an application for a general permit, unless the Department has given notice before expiration of the thirty-day period that the proposed activity does not qualify for the general permit. For stormwater permitting within the geographical jurisdiction of the Northwest Florida Water Management District, subsection 62-25.801(1), F.A.C., shall govern, as authorized by Section 373.4145, F.S.

(4) In addition to the provisions of Rules 28-107.004 and 62-531.450, F.A.C., governs the discipline of water well contractors.

(5) Subsection 62-312.210(2), F.A.C., governs the Department’s processing of applications for long-term wetland resource permits under Sections 373.414 and 373.4145, F.S., providing that the Department must act on such an application within 135 days of receipt of the original completed application, instead of the ninety days that otherwise would be required by Section 120.60(1), F.S. Subsection 62-730.220(9), F.A.C., governs the processing of applications for hazardous waste permits, likewise providing a deadline of 135 days in which the Department must approve or deny such a permit.

(6) If the Department determines that an applicant has submitted a substantial revision to a complete application, the Department shall notify the applicant of that determination and inform the applicant that the original application cannot be revised unless the applicant agrees in writing to waive the ninety-day deadline of Section 120.60(1), F.S., and restart the time for processing the application under that statute, and submits a complete, additional processing fee determined pursuant to the schedule set forth in Rule 62-4.050, F.A.C. For purposes of this subsection, the term “substantial revision” shall mean a revision reasonably expected to lead to significantly different environmental impacts and requiring a detailed review by the Department.

(7) For wetland resource permits within the geographical territory of the Northwest Florida Water Management District, and for grandfathered wetland resource permits in the rest of the state, the ninety-day period for action on a completed application shall be tolled by a request for a soils assessment.

History

• Rulemaking Authority 120.54(5), 373.026, 373.043, 373.044, 373.414, 373.418, 403.061, 403.087, 403.0877, 403.0885, 403.704, 403.72, 403.721, 403.726, 403.727, 403.8055, 403.814, 403.9328 FS. Law Implemented 120.54(5), 120.569(2),(1), 120.60, 373.026, 373.109, 373.117, 373.118, 373.119, 373.333, 373.409, 373.413, 373.414, 373.4145, 373.416, 373.417, 373.418, 373.419, 373.423, 373.426, 373.439, 376.13, 376.3078(6)(h), 403.031, 403.061, 403.087, 403.0877, 403.0872, 403.0885, 403.704, 403.721, 403.722(10),(12), 403.726, 403.813, 403.814 FS. History–New 7-1-98.

Chapter 62-112 PROJECT CERTIFICATION PROCEDURES FOR COORDINATED AGENCY REVIEW IN THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN

Fla. Admin. Code R. 62-112.030 Procedures for Certification and Agency Review

History

• Rulemaking Authority 380.051 FS. Law Implemented 380.051 FS. History–New 9-21-87, Formerly 17-112.030, Amended 11-13-96, Repealed 3-8-12.

Chapter 62-113 DELEGATIONS

Fla. Admin. Code R. 62-113.100 Purpose

This rule chapter lists the delegation agreements which have been entered into by the Department with another state agency, political subdivision or water management district, and which delegate any of the Department’s duties and responsibilities under Chapters 253, 373, 376 and 403, F.S., and Title 62, F.A.C. This rule chapter additionally lists the agreements with water management districts which specify that the Department is exercising any of its independent regulatory authorities pursuant to Chapter 373, F.S. For purposes of Title 62, F.A.C., wherever the term “Department” appears, it shall mean the Florida Department of Environmental Protection or its delegatee as provided in the agreements listed in Chapter 62-113, F.A.C. These delegation agreements are hereby incorporated by reference and are available for public inspection and copying during normal business hours at the Department’s Office of General Counsel, 3900 Commonwealth Blvd., Tallahassee, Florida.

(1) Delegations to state agencies.

(a) #74-2: Interagency Agreement between Department of Pollution Control and Department of Agriculture and Consumer Services delegating permitting and enforcement authority relating to open burning and frost protection fires to administer chapter 62-5, F.A.C., January 31, 1974.

(b) #81-21: Interagency Agreement between Department of Environmental Protection and Department of Agriculture and Consumer Services delegating enforcement and permitting of open burning rules. October 12, 1981.

(c) #74-1: Interagency Agreement between Dept. of Pollution Control and Florida Game and Freshwater Fish Commission to delegate Chapter 403 enforcement duties to the Commission. December, 1973.

(d) #92-1: Interagency Agreement between Department of Environmental Protection and Department of Health and Rehabilitative Services for Implementation of the Florida Safe Drinking Water Act. – delegates to the County Public Health Units of Lee, Broward, Dade, Duval, Hillsborough, Manatee, Palm Beach, Pinellas, Polk and Sarasota counties the authority pursuant to Section 403.862(1)(c), F.S., to administer the public water system program. February 28, 1992.

(2) Delegations to political subdivisions.

(a) #76-4: Local program delegation to Broward County – Delegates Department of Environmental Protection permitting to Broward County for domestic waste, solid waste, industrial waste, and air pollution (excludes Power Plant Siting), and enforcement/compliance monitoring duties. June 18, 1976.

(b) #81-1: Delegation to Broward County Environmental Quality Control Board to issue permits for domestic waste, and general permits for certain dredge and fill and solid waste and domestic waste facilities. January 10, 1984.

(c) #84-2: Operating Agreement with Broward County Environmental Quality Control Board to issue certain permits for sewage collection systems, domestic waste facilities, and certain dredge and fill general permits. March 1, 1984.

(d) #86-10: Agreement between Collier County and Department of Environmental Protection – delegates inspections of certain package sewage treatment plants to Collier County. April 29, 1986.

(e) #83-9: Delegation to Dade County Department of Environmental Resources Management to issue domestic wastewater/ sewage system construction and certain general permits. May 26, 1983.

(f) #86-14: Delegation to Duval County of Domestic/Industrial, Solid Waste and Air Permitting. June 3, 1982.

(g) #85-5: First Amendment to Hillsborough County Environmental Protection Commission General Operating Agreement: delegates partial permitting authority for domestic wastewater program, domestic sludge program, solid waste program and industrial waste program. April 23, 1985.

(h) #86-11: Addendum to Operating Agreement with Lake County – delegates permitting to Lake County for domestic sludge landspreading. December 22, 1986.

(i) #95-1: Order of Delegation and Operating Agreement Between the Florida Department of Environmental Protection and Palm Beach County Department of Environmental Resources Management Regarding Environmental Resource Noticed General Permits for Single Family Residential Lots Within the Indian Trail Water Control District.

(j) #84-2: Delegation Order #OGC 84-0077 to Palm Beach County Health Department to issue certain permits (sewage systems, domestic waste, certain general permits) February 24, 1984.

(k) #84-8: Operating Agreement with Palm Beach County Health Department to process and issue certain permits entered into pursuant to Delegation Order #OGC 84-0077. March 28, 1984.

(l) #91-1: Agreement with Palm Beach County Public Health Unit for delegation of domestic wastewater activities. January 8, 1991.

(m) #89-12: Addendum to Operating Agreement with Volusia County to administer permitting program for landspreading of domestic sludge. July 20, 1989.

(n) #92-4: Air Pollution Control Specific Operating Agreement Between the State of Florida Department of Environmental Protection and the Hillsborough County Environmental Protection Commission: delegates certain air permitting responsibilities to Hillsborough County Environmental Protection Commission. November 20, 1992.

(o) #01-1: Delegation Agreement Between the Florida Department of Environmental Protection, the South Florida Water Management District, and Broward County Regarding Implementation of Environmental Resource Permitting, Compliance, and Enforcement, under Part IV, Chapter 373, F.S., dated May 22, 2001.

(p) #11-1: Delegation Agreement Between the Florida Department of Environmental Protection and the Environmental Protection Commission, Hillsborough County, Regarding Implementation of Environmental Resource Permitting, Compliance, and Enforcement, under Part IV, Chapter 373, F.S., effective date December 13, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00943).

(3) Delegations to water management districts and agreements with water management districts specifying areas in which the Department is exercising any of its independent regulatory authorities pursuant to Chapter 373, F.S.

(a) #77-4: Delegation from Department of Environmental Protection to the South Florida Water Management District of Department of Environmental Protection of permitting authority for construction or operation of works which discharge into waters of the State. May 10, 1977.

(b) #82-2: Order Authorizing South Florida Water Management District to Administer, Enforce and Defend Chapter 62-25, F.A.C., – delegates authority to South Florida Water Management District to regulate water quality impacts of stormwater discharges. February 3, 1982.

(c) #84-15: Interagency Agreement between Department of Environmental Protection and South Florida Water Management District concerning Authority to Certify Water Quality Standards under the Clean Water Act – delegates water quality certification for agricultural dredge and fill activities. September 28, 1984.

(d) #89-17: Order of Delegation Authorizing the South Florida Water Management District to Administer, Enforce and Defend Part IV of Chapter 373, F.S. – delegates MSSW permitting to the South Florida Water Management District. July 20, 1989; amended December 29, 1989.

(e) #98-2: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between South Florida Water Management District and Department of Environmental Protection – provides a division of responsibility between the South Florida Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under Part IV, Chapter 373, F.S., and a division of responsibility between the South Florida Water Management District and the Department regarding formal wetland determinations pursuant to Sections 373.421(2) through (5), F.S., October 27, 1998.

(f) #07-1: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between South Florida Water Management District and Department of Environmental Protection – provides a division of responsibility between the South Florida Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under Part IV, Chapter 373, F.S., and a division of responsibility between the South Florida Water Management District and the Department regarding formal wetland determinations pursuant to Sections 373.421(2) through (5), F.S., July 1, 2007.

(g) #78-5: Memorandum of Understanding between Department of Environmental Protection and Suwannee River Water Management District delegating permitting of wells under Chapter 373, F.S., and Chapter 62-532, F.A.C., August 17, 1978.

(h) #81-12: Memorandum of Understanding between Department of Environmental Protection and Suwannee River Water Management District regarding delegation for permitting of drinking wells, applications for permits involving construction and operation of artificial recharge facilities, and applications for permits involving land disposal of treated wastewater. June 18, 1981.

(i) #84-18: Operating Agreement between Department of Environmental Protection and Suwannee River Water Management District concerning Certification of Water Quality Standards under The Federal Clean Water Act – delegates water quality certification for agricultural dredge and fill activities. December 19, 1984.

(j) #86-3: Order of Delegation to Suwannee River Water Management District to Administer, Defend, and Enforce Chapter 62-25, F.A.C. – delegates regulation of stormwater discharges. March 21, 1986.

(k) #89-16: Order of Delegation Authorizing Suwannee River Water Management District to Administer, Enforce and Defend Part IV of Chapter 373, F.S. – delegates MSSW permitting to the Suwannee River Water Management District. July 20, 1989; amended December 29, 1989.

(l) #98-3: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between Suwannee River Water Management District and Department of Environmental Protection – provides a division of responsibility between the Suwannee River Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, pursuant to Part IV, Chapter 373, F.S., and a division of responsibility between the District and the Department regarding formal wetland determinations pursuant to Sections 373.421(2) through (5), F.S., October 27, 1998.

(m) #07-2: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between Suwannee River Water Management District and Department of Environmental Protection – provides a division of responsibility between the Suwannee River Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under Part IV, Chapter 373, F.S., and a division of responsibility between the Suwannee River Water Management District and the Department regarding formal wetland determinations pursuant to Sections 373.421(2) through (5), F.S., July 1, 2007.

(n) #82-18: Order on Authorization to Southwest Florida Water Management District to Administer, Enforce and Defend specified parts of Chapter 62-550, F.A.C. – Delegates water supply well construction permitting to Southwest Florida Water Management District. September 17, 1982.

(o) #84-19: Operating Agreement between Department of Environmental Protection and Southwest Florida Water Management District concerning Certification of Water Quality Standards under The Federal Clean Water Act – delegates water quality certification for agricultural dredge and fill activities. November 7, 1984.

(p) #89-13: Order of Delegation Authorizing Southwest Florida Water Management District to Administer, Enforce and Defend Part IV of Chapter 373, F.S. – delegates MSSW permitting to Southwest Florida Water Management District. July 20, 1989; amended December 29, 1989.

(q) #91-8: Memorandum of Agreement between the Department of Environmental Protection and Southwest Florida Water Management District Regarding Delegation of Permitting Authority for Aquaculture Facilities – delegates permitting for certain aquaculture activities to the Southwest Florida Water Management District. August 23, 1991.

(r) #98-4: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between Southwest Florida Water Management District and Department of Environmental Protection – provides a division of responsibility between the Southwest Florida Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, pursuant to Part IV, Chapter 373, F.S., and a division of responsibility between the District and the Department regarding formal wetland determinations pursuant to Sections 373.421(2) through (5), F.S., October 27, 1998.

(s) #07-3: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between Southwest Florida Water Management District and Department of Environmental Protection – provides a division of responsibility between the Southwest Florida Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under Part IV, Chapter 373, F.S., and a division of responsibility between the Southwest Florida Water Management District and the Department regarding formal wetland determinations pursuant to Sections 373.421(2) through (5), F.S., July 1, 2007.

(t) #84-16: Operating Agreement between Department of Environmental Protection and St. Johns River Water Management District concerning Certification of Water Quality Standards under The Federal Clean Water Act – delegates water quality certification for agricultural dredge and fill activities. November 14, 1984.

(u) #88-1: Operating Agreement concerning Stormwater Discharge Regulation and Dredge and Fill Regulation between St. Johns River Water Management District and Department of Environmental Protection – provides that the Department shall process certain MSSW permits and delegates certain dredge and fill permitting to the District. January 4, 1988.

(v) #89-15: Order of Delegation Authorizing St. Johns River Water Management District to Administer, Enforce and Defend Part IV of Chapter 373, F.S. – delegates MSSW permitting to the St. Johns River Water Management District. July 20, 1989; amended December 29, 1989.

(w) #98-5: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., and Aquaculture General Permits Under Section 403.814, F.S., between St. Johns River Water Management District and Department of Environmental Protection – provides a division of responsibility between the St. Johns River Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, pursuant to Part IV, Chapter 373, F.S., and a division of responsibility between the District and the Department regarding formal wetland determinations pursuant to Sections 373.421(2) through (5), F.S., October 27, 1998.

(x) #07-4: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection – provides a division of responsibility between the St. Johns River Water Management District and the Department for the exercise of their authority to implement environmental resource permitting, compliance, and enforcement, under Part IV, Chapter 373, F.S., and a division of responsibility between the St. Johns River Water Management District and the Department regarding formal wetland determinations pursuant to Sections 373.421(2) through (5), F.S., July 1, 2007.

(y) #84-17: Operating Agreement between Department of Environmental Protection and Northwest Florida Water Management District concerning Certification of Water Quality Standards under The Federal Clean Water Act – delegates water quality certification for agricultural dredge and fill activities. December 19, 1984.

(z) #81-8: Order of delegation of the Department of Environmental Regulation to the Northwest Florida Water Management District, St. Johns River Water Management District, Suwannee River Water Management District, Southwest Florida Water Management District, and South Florida Water Management District to administer and enforce certain provisions of Chapter 373, F.S. April 27, 1981.

(aa) #10-1: Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., Between Northwest Florida Water Management District and Department of Environmental Protection,” effective (10-1-13) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02985).

History

• Rulemaking Authority 373.043, 373.046, 373.4145, 373.418, 373.441, 403.061 FS. Law Implemented 373.026, 373.046, 373.109, 373.4145, 373.441, 403.061, 403.182 FS. History–New 1-5-93, Amended 11-16-93, 3-14-94, Formerly 17-113.100, Amended 7-4-95, 4-3-96, 3-24-98, 12-3-98, 7-16-01, 7-1-07, 12-26-07, 2-9-12, 10-1-13.

Fla. Admin. Code R. 62-113.200 Delegation of Authority by Secretary

The Secretary, as head of the Department, has delegated authority as follows:

(1) To the Assistant Secretary of the Department to act on behalf of the Secretary in all matters during the absence of the Secretary, including the signing of contracts, and in the absence of both the Secretary and Assistant Secretary to a designated Division Director to act in the Secretary's behalf on all matters.

(2) To the Director, Division of Administrative Services, to act on behalf of the Secretary on all purchasing, office space leasing, personnel, and budget matters, and to execute contracts.

(3) To the General Counsel:

(a) To accept service of process in lawsuits filed against the agency;

(b) To make the determination within ten days of receipt of a petition for an administrative determination of whether or not to refer the petition to DOAH for the assignment of the proceeding to a Hearing Officer, or whether or not to commence informal proceedings pursuant to Section 120.57(2), F.S.; and,

(c) To execute orders granting requests for extension of time to file petitions for administrative proceedings filed with the Department pursuant to Rule 62-103.070, F.A.C.,

(d) To execute final orders entered after a petition for administrative proceedings has been filed pursuant to Section 120.57, F.S., where the petition has been withdrawn or all parties have entered into a settlement resolving the issues set forth in the petition.

(4) To the Directors of District Management and, in the absence of the Directors of District Management, to the person designated by the Directors of District Management in writing to act in behalf of the Directors of District Management, authority to take the following agency actions:

(a) To complete, sign and submit to the appropriate authority applications and all other necessary documents relating to the laboratory use of alcohol by the District Offices pursuant to Section 6 of Chapter 75-22, Laws of Florida, and Section 20.05, F.S. This authority is also delegated to the Chief of the biological section, relating to the use of alcohol by the biological laboratory.

(b) To approve or deny engineering plans and related documents covering proposed public water supply improvement projects, e.g., new water treatment plants or modifications, distribution system extensions, and water well installations. Sections 403.850 through 403.864, F.S.

(c) To approve or deny permits, including execution of notices of intent to approve or deny such permits, to construct public water supply wells. Sections 403.850 through 403.864, F.S.

(d) With regard to domestic wastewater treatment and industrial wastewater treatment facilities, air pollution sources, sanitary landfills, hazardous waste facilities, sources of groundwater contamination, and underground injection control, the following authority is delegated:

1. To approve and deny construction, operation and temporary operation permits under Chapter 403, F.S., including execution of notices of intent to approve or deny such permits,

2. To approve and deny requests for extensions of expiration dates of construction permits, including execution of notices of intent to take such action,

3. To approve and deny requests for the issuance or renewal of operation permits where the subject facility or operation is meeting Department standards and requirements, including execution of notices of intent to take such action,

4. To approve, deny and order modifications of operation permits, including execution of notices of intent to take such actions,

5. To approve and deny requests for the extension or revision of compliance dates and conditions in temporary operation permits after public notice, where a good faith effort has been made by the applicant to meet the deadlines and requirements in the temporary operation permit, including execution of notices of intent to take such action; and,

6. To issue the appropriate public notice for all of the types of permits delegated to the districts.

(e) To issue notices of intent to deny, or approve and to issue final orders of denial when no administrative hearing has been requested for short form dredge and fill applications, and other applications described in subsection 62-101.040(4), F.A.C.

(f) Upon approval by the Office of General Counsel, to execute consent orders, notices of violation, orders for corrective action, and final orders on matters for which no request for hearing has been timely filed.

(g) To act on authorizations for restoration pursuant to DEP Form 62-1.203(3).

(h) To conduct permitting, compliance and enforcement activities under Chapter 373, Part IV, F.S., as set forth in those Operating Agreements entered into with the Suwannee River Water Management District, the St. Johns River Water Management District, the South Florida Water Management District and the Southwest Florida Water Management District as specified in Rule 62-113.100, F.A.C.

(5) To the Director, Division of Air Resources Management or, at the Director’s discretion, to the Chief of the Bureau of Air Regulation, authority to issue notices of agency action on construction permit applications for major air facilities pursuant to Chapter 403, F.S., and Chapter 62-2, F.A.C.

(6) To the Directors of District Management and to the Director, Division of Environmental Resource Permitting, or, at the Director’s discretion, to the Assistant Director or the Chief of the Bureau of Submerged Lands and Environmental Resources, the following authority:

(a) To review and take agency action on Environmental Resource Permit applications under Part IV of Chapter 373, F.S., including applications for wetland resource activities within the Northwest Florida Water Management District and applications for grandfathered activities under Sections 373.414(11), (12)(a), (13), (14), (15), and (16), F.S.;

(b) To approve or deny requests for alternate procedures and requirements for sanitary landfills pursuant to Rule 62-701.310, F.A.C.;

(c) To approve or deny requests for alternate procedures and requirements for stationary tank facilities pursuant to Rule 17-61.080, F.A.C.

(7) To the Director, Division of Water Facilities or, at his/her discretion, the Deputy Director, certification of NPDES permits pursuant to Public Law 92-500, Section 401.

(8) To the Chief, Bureau of Local Government Wastewater Financial Assistance, the following authority:

(a) To take all actions to administer the federal wastewater treatment grants program which are designated as the responsibility of the Secretary of the Department in paragraph 62-501.300(2)(c), F.A.C., with the exception of the following sections of Title 40 of the Code of Federal Regulations (40 CFR) which have been adopted by reference in Rule 62-501.310, F.A.C.:

1. Application for federal grants pursuant to 40 CFR 35 Subpart P, 35.2023 and 35.2040(d);

2. Authorization for advance allowance payments pursuant to 40 CFR 35.2025(b).

(b) To take all actions to administer the state wastewater treatment grants program which are designated as the responsibility of the Secretary in paragraph 62-501.300(3)(b), F.A.C., with the exception of grant offers, amendments involving changes in the grant amount, revocation, termination, or annulment pursuant to 40 C.F.R. 30.305, 30.700(c), 30.900, 30.903, 30.904, and 35.2042(b)(2)(i), which have been adopted by reference in Rule 62-501.310, F.A.C.

(9) To the following for their respective organizational unit, the authority to take final agency action, pursuant to Chapter 60K-9, F.A.C., for disciplinary actions and for personnel actions against employees in their unit whose performance is less than satisfactory, including actions to reduce the employee’s pay, suspension, demotion, transfer, and dismissal, or who have violated the Department’s Personnel Rules, Chapter 62-130, F.A.C.:

(a) The Director of the Division of Administrative and Technical Services or, at his/her discretion, the appropriate Deputy Director within the Division;

(b) The Director of the Division of Water Management or, at his/her discretion, the Deputy Director;

(c) The Director of the Division of Water Facilities or, at his/her discretion, the Deputy Director;

(d) The Director of the Division of Air Resources Management or, at his/her discretion, the Deputy Director;

(e) The Director of the Division of Waste Management or, at his/her discretion, the Deputy Director;

(f) The Assistant Secretary of the Department for the Office of the Secretary;

(g) The General Counsel for the Office of General Counsel; and,

(h) The Deputy Assistant Secretaries for the district offices.

(10) To the Bureau Chiefs or their organizational equivalent, the authority to dismiss, suspend, demote, transfer, or reassign any employee who does not have permanent status in the career service in their respective organizational unit.

(11) To the approved local programs, the Water Management Districts, and other state agencies according to specific agreements, to function as agents for the Department in those activities designated by the Department which, in the judgment of the Department, may be performed individually by each program, district or agency at a level required by applicable statutes or rules relating to these activities. These specific operating agreements are on file with the Department and available for public inspection.

(12)(a) To the South Florida Water Management District, the Southwest Florida Water Management District, the St. Johns River Water Management District, the Suwannee River Water Management District, and the Northwest Florida Water Management District the authority to administer and enforce those provisions of Chapter 373, F.S., water quality and other functions of the Department, and the rules of the Department as have been delegated from time to time to the Districts by order of the Secretary, after fourteen (14) days notice to the Governing Board and publication in the Florida Administrative Register. Authority delegated shall be listed in this rule subsequent to delegation. The following Districts are authorized to administer and enforce the following laws and rules, including Section 373.103(1), F.S., to the extent necessary to fully implement authority specifically delegated.

1. South Florida Water Management District: Sections 373.026(1) through (5), and 373.026(6), F.S., to the extent necessary to conduct or participate in laboratory research; Sections 373.033; 373.042; 373.046; 373.103(2) through (7), F.S.; Chapter 373.191, F.S.; Part II, Chapter 373; 373.309; 373.313; 373.316; 373.319; 373.323, F.S., except that license examinations shall be prepared through a combined effort with the other Water Management Districts in consultation with the Department; Section 373.326; 373.329; 373.333, F.S.; Chapter 403, F.S., to the extent necessary to adopt, implement, and enforce Part IV, Chapter 373, F.S.; Chapter 62-532, F.A.C.; Chapter 62-25, F.A.C., in accordance with subsection 62-25.090(1), F.A.C.; Chapter 403, F.S., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for those agricultural activity permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act; and Chapter 62-531, F.A.C.

2. Southwest Florida Water Management District: Sections 373.026(1) through (5), and 373.026(6), F.S., to the extent necessary to conduct or participate in laboratory research; Sections 373.033; 373.042; 373.046; 373.103(2) through (7); 373.191, F.S.; Part II, Chapter 373, F.S.; Chapter 373.309, F.S.; Chapter 373.313, F.S.; Chapter 373.316, F.S.; Chapter 373.319, F.S.; Chapter 373.323(6), F.S., except that license examinations shall be prepared through a combined effort with the other Water Management Districts in consultation with the Department; Section 373.326, F.S.; Section 373.329, F.S.; Section 373.333, F.S.; Part IV, Chapter 373, F.S.; Chapter 62-532, F.A.C.; Chapter 62-25, F.A.C., in accordance with subsection 62-25.090(2), F.A.C.; Chapter 403 to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for those agricultural activity permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act; and Chapter 62-602, F.A.C.; Section 373.309(5), F.S., and Chapter 62-524, F.A.C., in accordance with Rule 62-524.800, F.A.C., to the extent necessary to conduct new potable water well permitting in delineated areas, and to coordinate with the Department of Health and Rehabilitative Services in accordance with paragraph 62-101.040(15)(c), F.A.C.

3. St. Johns River Water Management District: Sections 373.026(1) through (5), and 373.026(6), F.S., to the extent necessary to conduct or participate in laboratory research; Sections 373.033, F.S.; Section 373.042, F.S.; Section 373.046, F.S.; Section 373.103(2) through (7), F.S.; Section 373.191, F.S.; Part II, Chapter 373, F.S.; Section 373.309, F.S.; Section 373.313, F.S.; Section 373.316, F.S.; Section 373.319, F.S.; Section 373.323, F.S., except that license examinations shall be prepared through a combined effort with the other Water Management Districts in consultation with the Department; Section 373.326, F.S.; Section 373.329, F.S.; Section 373.333, F.S.; Part IV, Chapter 373, F.S.; Chapter 62-532, F.A.C.; Chapter 403, F.S., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act; Chapter 62-531, F.A.C.; and Chapter 403, F.S., and Chapters 62-3, 62-4, 62-301, 62-302, 62-312, 62-321, and 62-340, F.A.C., to the extent necessary to conduct permitting, compliance and enforcement activities as specified in the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between St. Johns River Water Management District and Department of Environmental Protection, August 25, 1994, as referenced in Rule 62-113.100, F.A.C., which agreement supersedes the Operating Agreement concerning Management and Storage of Surface Water Regulation and Wetland Resource Regulation between the St. Johns River Water Management District and Department of Environmental Regulation, August 28, 1992, which is adopted and incorporated by reference, and as amended December 21, 1993, which delineates permitting responsibilities concerning permitting of mitigation banks by the Department and the District within the territory of the District.

4. South Florida Water Management District: Chapter 403, F.S., and Chapters 62-3, 62-4, 62-301, 62-302, 62-312, 62-321, and 62-340, F.A.C., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act, and to the extent necessary to conduct permitting, compliance and enforcement activities as specified in the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between South Florida Water Management District and Department of Environmental Protection, August 11, 1994, as referenced in Rule 62-113.100, F.A.C., which agreement supersedes the Operating Agreement concerning Management and Storage of Surface Water Regulation and Wetland Resource Regulation between the South Florida Water Management District and Department of Environmental Protection, October 27, 1992, which is adopted and incorporated by reference, and as amended January 18, 1994, which delineates permitting responsibilities concerning permitting of mitigation banks by the Department and the District within the territory of the District.

5. Southwest Florida Water Management District: Chapter 403, F.S., and Chapters 62-3, 62-4, 62-301, 62-302, 62-312, 62-321, and 62-340, F.A.C., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act, and to the extent necessary to conduct permitting, compliance and enforcement activities as specified in the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between Southwest Florida Water Management District and Department of Environmental Protection, September 27, 1994, as referenced in Rule 62-113.100, F.A.C., which agreement supersedes the Operating Agreement concerning Management and Storage of Surface Water Regulation and Wetland Resource Regulation between the Southwest Florida Water Management District and Department of Environmental Protection, August 10, 1992, which is adopted and incorporated by reference, and as amended February 17, 1994, which delineates permitting responsibilities concerning permitting of mitigation banks by the Department and the District within the territory of the District.

6. Suwannee River Water Management District: Sections 373.026(1) through (5), and 373.026(6), F.S., to the extent necessary to conduct or participate in laboratory research; Section 373.033, F.S.; Section 373.042, F.S.; Section 373.046, F.S.; Sections 373.103(2) through (7), F.S.; Section 373.191, F.S.; Part II, Chapter 373, F.S.; Sections 373.309, F.S.; Section 373.313, F.S.; Section 373.316, F.S.; Section 373.319, F.S.; Section 373.323, F.S., except that license examinations shall be prepared through a combined effort with the other Water Management Districts in consultation with the Department; Section 373.326, F.S.; Section 373.329, F.S.; Section 373.333, F.S.; Part IV, Chapter 373, F.S.; Chapter 62-532, F.A.C.; Chapter 403, F.S., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act; and Chapter 62-531, F.A.C.; and Chapter 403, F.S., and Chapters 62-3, 62-4, 62-301, 62-302, 62-312, 62-321, and 62-340, F.A.C., to the extent necessary to conduct permitting, compliance and enforcement activities as specified in the Operating Agreement Concerning Regulation Under Part IV, Chapter 373, F.S., between Suwannee River Water Management District and Department of Environmental Protection, September 22, 1994, as referenced in Rule 62-113.100, F.A.C.

7. Northwest Florida Water Management District: Sections 373.026(1) through (5), and 373.026(6), F.S., to the extent necessary to conduct or participate in laboratory research; Section 373.033, F.S.; Section 373.042, F.S.; Section 373.046, F.S.; Section 373.103(2) through (7), F.S.; Section 373.191, F.S.; Part II, Chapter 373, F.S.; Section 373.309, F.S.; Section 373.313, F.S.; Section 373.316, F.S.; Section 373.319, F.S.; Section 373.323, F.S., except that license examinations shall be prepared through a combined effort with the other Water Management Districts in consultation with the Department; Section 373.326, F.S.; Section 373.329, F.S.; Section 373.333, F.S.; Part IV, Chapter 373, F.S.; Chapter 62-532, F.A.C.; Chapter 403, F.S., to the extent necessary to implement water quality certifications as required of the state in Section 401 of the Federal Clean Water Act for those agricultural activity permits issued by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act; and Chapter 62-699, F.A.C.; Section 373.309(5), F.S., and Chapter 62-524, F.A.C., in accordance with Rule 62-524.800, F.A.C., to the extent necessary to conduct new potable water well permitting in delineated areas, and to coordinate with the Department of Health and Rehabilitative Services in accordance with paragraph 62-101.040(15)(c), F.A.C.

8. Northwest Florida Water Management District, Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District, and South Florida Water Management District (Districts): in conformance with the language of Section 18 of Chapter 2008-150, Laws of Florida, which mandates that the Department initiate rulemaking to adopt new and increased fees under Part IV of Chapter 373, F.S., the Districts are delegated the following authorities: (1) to charge, upon the effective date of this rule, the minimum fees as set forth in Sections 373.109(1)(b) and (d), F.S.; (2) to adopt rules to increase these minimum fees and each application fee authorized under Part IV of Chapter 373, F.S., in accordance with paragraph 62-4.050(4)(z), F.A.C., to reflect adjustments since the original fee was established or most recently revised; and (3) at subsequent 5-year intervals starting March 1, 2013, to adopt rules to adjust the fees for inflation in accordance with paragraph 62-4.050(4)(z), F.A.C.

(b) In making the foregoing delegations of authority, the Department continues to retain and exercise general supervisory authority over the water management districts, and no delegation is intended to divest the Department or the Districts of the authority to take action pursuant to those provisions of Chapter 373, F.S., which provide independent authority to the Districts or the Department.

Applications for permits to construct and operate injection wells involve provisions of Chapter 373, F.S., administered by the various water management districts, and Chapter 403, F.S., administered by the Department. Efforts have been made by the Department and Districts to coordinate this permit review process, and applicants should contact the District and Department offices for specific information on the permit coordination procedures.

(13) To those counties or municipalities, pursuant to Section 403.1815, F.S., the authority to regulate the construction of water distribution mains and sewage collection laterals of ten inches (10'') or less which may be connected to any water system or sewerage system owned by the county or municipality, as has been delegated from time to time by order of the Secretary, after fourteen (14) days public notice in the Florida Administrative Register and in a newspaper of general circulation in the county or municipality to whom delegation is proposed. Any authority delegated shall be listed in this rule subsequent to delegation.

(14) To the Department of Natural Resources:

(a) Aquatic Weed Control Discharge Permitting. Pursuant to Section 403.061(27), F.S., the Department of Environmental Regulation delegates to the Department of Natural Resources (DNR) the authority to issue, deny, modify, revoke, and suspend permits authorizing persons to discharge into waters, in accordance with Section 403.088(1), F.S., chemicals, biological agents and other substances for the purpose of the control of aquatic weeds or algae, provided:

1. The discharge is in accordance with a program approved by DNR pursuant to Chapter 62C-20, F.A.C.; and,

2. DNR conforms to the requirements of Chapter 120, F.S., and Chapters 62-103 and 28-106, F.A.C., the processing of all permit applications; and,

3. The Department is allowed to intervene as of right in any DNR licensing proceeding involving this delegation.

(b) To authorize the application of chemicals to marine waters of the state for the purpose of capturing live marine species.

(15) To the Department of Health and Rehabilitative Services:

(a) The authority to issue permits for individual domestic wastewater disposal facilities;

(b) The authority to grant written authorizations for the application of pesticides to waters of the state for the purpose of insect control is in accordance with Section 403.088(1), F.S., and Rule 5E-13.046, F.A.C.;

(c) The authority to implement water quality testing requirements of Chapter 62-524, F.A.C., for new potable water wells permitted for construction in delineated areas in accordance with Section 373.309(5), F.S., and Rule 62-524.800, F.A.C., and to coordinate with water management districts pursuant to their delegated activities under Chapter 62-524, F.A.C., contained in paragraph 62-101.040(12)(a), F.A.C.

(16) To the Department of Agriculture and Consumer Services:

(a) Regulation of certain open burning activities in accordance with Rule 62-256.700, F.A.C.;

(b) Testing and certifying gasoline tank trucks in accordance with Rule 62-297.440, F.A.C., and gasoline storage tanks in accordance with Rule 62-2.650, F.A.C.

History

• Rulemaking Authority 110.201, 120.53(1)(a), 373.046, 373.103, 373.109, 373.309, 376.303, 403.061, 403.1815, 403.1823, 403.1832, 403.1838, 403.704, 403.805 FS., Chapter 2008-150, Laws of Florida. Law Implemented 110.227, 120.53(1)(a), 373.016(5), 373.046, 373.103, 373.109, 373.308, 373.309, 373.4135, 403.088, 403.1821 through 403.1838, 403.805 FS., Chapter 2008-150, Laws of Florida. History–New 2-6-78, Amended 4-28-81, Revised 6-30-81, Amended 6-3-82, Formerly 17-1.04, Amended 6-1-84, 10-9-84, 7-22-85, 11-26-86, 3-3-87, 5-25-88, 8-31-89, 6-19-91, 4-26-92, 11-16-92, 3-14-94, Formerly 17-101.040, Amended 7-4-95, Formerly 62-101.040, Amended 4-21-09.

Chapter 62-133 VOLUNTEER RULE

Fla. Admin. Code R. 62-133.100 Policy and Purpose

History

• Rulemaking Authority 110.503(2) FS. Law Implemented 110.503 FS. History–New 8-28-95, Repealed 2-21-12.

Fla. Admin. Code R. 62-133.200 Definitions

History

• Rulemaking Authority 110.503(2) FS. Law Implemented 110.501, 110.503 FS. History–New 8-28-95, Repealed 2-21-12.

Fla. Admin. Code R. 62-133.300 Recruitment, Screening, Training, Supervision, and Responsibility of Volunteers

History

• Rulemaking Authority 110.503(2) FS. Law Implemented 110.502, 110.503 FS. History–New 8-28-95, Repealed 2-21-12.

Fla. Admin. Code R. 62-133.400 Volunteer Services Agreements

History

• Rulemaking Authority 110.503(2) FS. Law Implemented 110.502, 110.503 FS. History–New 8-28-95, Repealed 2-21-12.

Fla. Admin. Code R. 62-133.500 Administrative Requirements

History

• Rulemaking Authority 110.503(2) FS. Law Implemented 110.503, 110.505 FS. History–New 8-28-95, Repealed 2-21-12.

Fla. Admin. Code R. 62-133.600 Standards of Conduct for Volunteers

History

• Rulemaking Authority 110.503(2) FS. Law Implemented 110.502, 110.503 FS. History–New 8-28-95, Repealed 2-21-12.

Fla. Admin. Code R. 62-133.700 Termination of Volunteer Service

History

• Rulemaking Authority 110.503(2) FS. Law Implemented 110.503 FS. History–New 8-28-95, Repealed 2-21-12.

Fla. Admin. Code R. 62-133.800 Volunteer Benefits

History

• Rulemaking Authority 110.503(2) FS. Law Implemented 110.503, 110.504 FS. History–New 8-28-95, Repealed 2-21-12.

Chapter 62-150 HAZARDOUS SUBSTANCE RELEASE NOTIFICATION

Fla. Admin. Code R. 62-150.200 Definitions

As used in this chapter the following terms shall have the following meanings. These definitions are substantially equivalent to those set forth for these terms in 42 USC §9601 (1986).

(1) “Facility” means (a) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (b) any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any vessel.

(2) “Hazardous substance” means any substance which is defined as a hazardous substance in 42 USC §9601(14) and which is designated as a hazardous substance in 40 CFR §302.4 (1987).

(3) “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant), but excludes (a) any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons; (b) emissions from the engine exhaust of a motor vehicle rolling stock, aircraft, vessel, or pipeline pumping station engine; (c) release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954 [42 USCS §§2011 et seq.]; (d) the normal application of fertilizer or pesticide; (e) any release which is specifically authorized pursuant to a state or federal permit; and (f) any other release which is exempt from reporting requirements established under 42 U.S.C. §9603(a).

(4) “Reportable quantity” means that quantity, as set forth in Table 302.4 at 40 CFR §302.4, the release of which requires notification pursuant to this chapter.

History

• Rulemaking Authority 403.061(11), 403.161(1)(d) FS. Law Implemented 403.161(1)(d) FS. History–New 11-27-88, Formerly 17-150.200.

Fla. Admin. Code R. 62-150.300 Notification Requirements

(1) Any owner or operator of a facility who has knowledge of any release of a hazardous substance from a facility in a quantity equal to or exceeding the reportable quantity in any 24-hour period shall notify the Department by calling the State Warning Point Number, (850)488-1320, within one working day of discovery of the release.

(2) Releases of mixtures and solutions are subject to these notification requirements only where a component hazardous substance of the mixture or solution is released in a quantity equal to or greater than its reportable quantity.

(3) Notification of the release of a reportable quantity of solid particles of antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, or zinc is not required if the mean diameter of the particles released is larger than 100 micrometers (0.004 inches).

History

• Rulemaking Authority 403.061(11), 403.161(1)(d) FS. Law Implemented 403.161(1)(d) FS. History–New 11-27-88, Formerly 17-150.300.

Chapter 62-160 QUALITY ASSURANCE

Fla. Admin. Code R. 62-160.110 Purpose, Scope and Applicability

(1) The purpose of this chapter is to assure that chemical, physical, biological, microbiological and toxicological data used by the Department are appropriate and reliable, and are collected and analyzed by scientifically sound procedures. To this end, this chapter defines the minimum field and laboratory quality assurance, methodological and reporting requirements of the Department.

(2) Except as provided in subsection (3) of this rule, this chapter shall apply to all programs, projects, studies or other activities that are required by the Department, and that involve the measurement, use or submission of environmental data or reports to the Department. This chapter shall apply to all entities that participate in the process of generating environmental data. This process includes, but is not limited to: field activities (sample collection, sample preservation, field measurements, and site evaluation); sample handling, storage and/or transport (except common carriers); laboratory activities (e.g., sample receipt, analysis, data review and data validation); additional data review, summaries or data presentation activities; and all activities that impact data quality such as providing sample containers, instrument calibration services, or reagents and standards (except commercial vendors).

(3) Programs, projects, studies or activities pertaining to air quality, meteorology, atmospheric radiation, atmospheric noise, electric and magnetic fields or air pollutant emissions, and having no requirements for monitoring contamination of soil, water, or tissue are excluded from the scope of this chapter. These excluded activities include those specified in Chapters 62-204, 62-210, 62-212, 62-213, 62-214, 62-252, 62-296 and 62-297 (Air Resources Management), F.A.C.

(4) The provisions of this chapter shall take precedence over quality assurance requirements in any other Department rule except as otherwise specifically provided for elsewhere in this chapter. However, nothing in this subsection shall be construed to prevent additional or more stringent requirements imposed by any specific contract, order, permit, or Title 62 rules. When used in this chapter, “contract” includes purchase requisitions and grants.

(5) All local and state programs or other organizations with delegated responsibility for Department activities shall assure that the Quality Assurance requirements of this chapter are met for the specified activities.

(6) If specifically required by the United States Environmental Protection Agency (EPA) for activities conducted for or funded by the EPA, Quality Assurance Project Plans (QAPPs) shall be prepared in accordance with Quality Assurance Project Plan Standard, EPA CIO 2105-S-02.1, incorporated by reference in subsection 62-160.800(4), F.A.C. These QAPPs will be reviewed and approved by the appropriate EPA office or the Department, when delegated to the Department by EPA for specific activities.

(7) This chapter supports the DEP Quality Management Plan required by the EPA for any environmental programs funded in part or in whole by the EPA.

(8) Quality assurance requirements in Department contracts, orders or permits shall remain in effect until such contracts, orders or permits are modified or renewed.

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 1-1-91, Amended 2-4-93, 2-27-94, Formerly 17-160.110, Amended 3-24-96, 4-9-02, 6-8-04, 12-3-08, 7-30-14, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.120 Definitions and Standards

For purposes of this chapter:

(1) “Alternative method” is a field procedure or analytical laboratory method that is intended to be used in place of an existing Department-approved laboratory method or field procedure that is specified in a Department rule, permit, order, or contract, as further discussed in Rules 62-160.220 and 62-160.330, F.A.C.

(2) “Audit” is a systematic review of laboratory and field protocols to determine if proper procedures are being used and supporting documentation is present. An audit shall consist of an on-site assessment of sample collection, field sampling procedures, laboratory procedures and/or a review, assessment and/or validation of data associated with a Department program activity. If necessary, an audit shall include the submission of performance samples (for example, blind, split and/or performance check samples) to an organization for subsequent use in the evaluation of that organization’s technical performance associated with a specific Department project or program activity.

(3) “Commercial Vendor” is a retail or wholesale company whose business is to sell commodities to customers and who is not a part of the process that generates environmental data. These businesses do not include organizations that purchase commodities with the intent of providing the commodities as a service to clients.

(4) “Common Carrier” is a business or agency that is available to the general public for the transportation of goods over a definite route and according to a regular schedule.

(5) “Data quality objectives” are a set of qualitative and quantitative statements derived from a systematic planning process that clarify the purpose of the study, define the most appropriate type of information to collect, determine the most appropriate conditions from which to collect that information, and specify tolerable levels of potential decision errors.

(6) “Data validation” is an evaluation of the technical usability of the verified data with respect to the planned objectives or intention of a project.

(7) “Data verification” is a consistent, systematic process that determines whether the data have been collected in accordance with project specifications with respect to compliance, correctness, consistency and completeness as compared to a method standard or contract specification.

(8) “Department (DEP or FDEP)” is the Florida Department of Environmental Protection.

(9) “Department-approved method” is a field procedure or laboratory analytical method specified as acceptable for use in this chapter and in any other Department contract, order, permit or Title 62 rules.

(10) “Department of Health (DOH) Environmental Laboratory Certification Program (ELCP)” is the state of Florida’s environmental laboratory certification program, authorized by Section 381.00591, F.S., and recognized by the National Environmental Laboratory Accreditation Program (NELAP) Acceditation Council as an authority with responsibility and accountability for granting accreditation for specified fields of laboratory testing through Chapter 64E-1, F.A.C., incorporated by reference in subsection 62-160.800(15), F.A.C.

(11) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(12) “Holding time” is the maximum storage time allowed between sample collection and sample preparation, between sample preparation and analysis, or between sample collection and analysis, as specified by regulatory requirements or by the field sample collection protocol or laboratory method.

(13) “Limited-use method” is an alternative or modified field or laboratory procedure that is approved by the Department for the collection or testing of environmental samples by a single field sampling organization or analytical laboratory for purposes specified in the scope of the approval (e.g., for specified analytes, facility or site locations or types, or sample matrices, such as effluent, groundwater, drinking water, fresh or marine surface waters, soils, sediments, or chemical wastes). A limited-use method that is validated and approved by the Department for a field sampling organization or analytical laboratory may not be used by another field sampling organization or analytical laboratory. The criteria for the validation and approval of a limited-use method are further outlined in subparts FA 2100 and FA 2200 of DEP SOP FA 1000, Regulatory Scope and Administrative Procedures for Use of DEP SOPs, incorporated by reference in subparagraph 62-160.800(1)(a)1., F.A.C., and outlined in Alternative and Modified Analytical Laboratory Methods, DEP-QA-001/01, incorporated by reference in subsection 62-160.800(5), F.A.C. Requirements for limited-use methods are further discussed in Rules 62-160.220 and 62-160.330, F.A.C., and must be met for Department approval.

(14) “Matrix” is the predominant material in which an analyte of interest is contained. For example, soil, groundwater and drinking water are three environmental matrices.

(15) “Method-defined analyte” is defined by the U.S. Environmental Protection Agency as an analyte whose result is totally dependent on how the measurement is made. Any changes or modifications in the preparation or determinative techniques of these methods have the potential of changing the result, and are not approved by the Department, as indicated in paragraph 62-160.330(2)(a), F.A.C. Examples are: Carbonaceous Biological Oxygen Demand, Oil and Grease, and Toxicity Characteristic Leaching Procedure (TCLP).

(16) “Method detection limit (MDL)” is an estimate of the minimum amount of a substance that an analytical process can reliably detect, the minimum measured concentration of a substance that can be reported with 99% confidence that the measured concentration is distinguishable from method blank results, or the minimum result that can be reliably discriminated from a blank with a predetermined confidence level (Limit of Detection [LOD] as defined in the 2016 TNI Standards, which are incorporated by reference in paragraph 62-160.800(3)(b), F.A.C.). The Department accepts any of the preceding definitions of the MDL. An MDL is analyte-specific and matrix-specific and is laboratory-dependent. The MDL for an analyte is determined from the preparation and analysis of a sample in a given matrix containing the analyte. MDLs shall be determined for each matrix/analytical technology/analyte combination reported by the laboratory, except for those tests where determination of the MDL is not appropriate for the analytical technique, such as biochemical oxygen demand, chlorophyll or microbiological tests. When required according to Department rules, MDLs shall be calculated following the procedure specified in those rules. If not specified in Department rules, MDLs may be determined and verified by any technically justifiable and scientifically sound method appropriate for the test. For the purposes of data usability evaluation, the DEP-defined MDL is equivalent to the Limit of Detection (LOD) as defined in the 2016 TNI Standards, which are incorporated by reference in paragraph 62-160.800(3)(b), F.A.C.

(17) “Method modification” is any change that alters the scope, applicability, specifications, steps, performance criteria, or any other requirements described in a published field procedure or laboratory analytical method, as further specified in subsections 62-160.220(3) and 62-160.330(3), F.A.C. The resultant method is defined by the Department as a “modified method.”

(18) “Field of Accreditation Matrix” is defined in the Glossary of the 2003 NELAC Standards, which is incorporated by reference in paragraph 62-160.800(3)(a), F.A.C., and shall be used to determine matrices under which a laboratory must be certified by the DOH ELCP for reporting data to be used by the Department:

(a) Drinking Water: any aqueous sample that has been collected from a water source designated by the Department as a potable or potential potable water source.

(b) Non-potable Water: any aqueous sample excluded from the definition of drinking water matrix including surface water, groundwater, effluents, water treatment chemicals, or samples derived from synthetic precipitation leaching procedures (SPLP), toxicity characteristic leaching procedures (TCLP) or other extracts. To be considered as non-potable water, water treatment chemicals must be in an aqueous solution. If the laboratory receives the original environmental sample as a solid or chemical material for SPLP or TCLP extraction, the laboratory must be certified for the SPLP or TCLP extraction in the Solid and Chemical Material matrix. For the analytical tests to be performed on the SPLP or TCLP extract, the laboratory must be certified in the non-potable water matrix for at least one method for each analytical technology/analyte combination for each reported analyte.

(c) Solid and Chemical Materials: includes soils, sediments, sludges, products and by-products of an industrial process that results in a matrix not previously defined. For purposes of accreditation, biosolids are considered a solid, unless the sample matrix comprises liquid biosolids as defined in Chapter 62-640, F.A.C. All other sample matrices not previously defined and comprising ≤ 15% settleable solids are liquids, and may require laboratory certification for analysis using techniques for non-potable water or liquid chemical materials.

(d) Biological Tissue: any sample of a biological origin, such as fish, shellfish, macroinvertebrates, algae, or plant material.

(19) “National Environmental Laboratory Accreditation Program (NELAP)” is a program that implements standards that have been found to be acceptable to the NELAP Accreditation Council.

(20) “NELAP accreditation” is an accreditation status applied to a laboratory’s field(s) of testing upon satisfying all requirements for certification as provided in Chapter 64E-1, F.A.C., incorporated by reference in subsection 62-160.800(15), F.A.C.

(21) “Percent relative standard deviation (% RSD)” is a calculated measure of precision from results of replicate sample analyses. It is calculated as specified in Alternative and Modified Analytical Laboratory Methods, DEP-QA-001/01, incorporated by reference in subsection 62-160.800(5), F.A.C.

(22) “Permit” is any permit or license issued by the Department pursuant to its lawful authority, or by another government agency under delegation of authority from the Department.

(23) “Practical quantitation limit (PQL)” is the lowest level of measurement that can be reliably achieved during routine laboratory operating conditions within specified limits of precision and accuracy. The value of the PQL shall be greater that the MDL value except when analytical quality control problems necessitate raising the MDL value equal to or above the PQL value for a specific sample, or when determination of the MDL is not appropriate for an analytical technique, as indicated below. A laboratory may determine and verify the PQL by any technically justifiable scientifically sound method appropriate for the test, unless otherwise required by Department rule, contract, order, or permit. For Departmental use, if a laboratory fails to report a PQL, the PQL shall be calculated as four times the MDL, except for those tests where determination of the MDL is not appropriate for the analytical technique (e.g., biochemical oxygen demand, chlorophyll or microbiological tests). In such cases, the Department shall use all available information about the technique to determine the PQL. For the purposes of data usability evaluation, the DEP-defined PQL is equivalent to the Limit of Quantitation (LOQ) as defined in the 2016 TNI Standard, incorporated by reference in paragraph 62-160.800(3)(b), F.A.C.

(24) “Quality assurance” is an integrated system of management activities involving planning, implementation, documentation, assessment, reporting and quality improvement to ensure that a process, product or service meets defined standards of quality.

(25) “Quality assurance project plan (QAPP)” is a document required by the EPA for certain activities conducted for or funded by the EPA. The plan outlines the quality assurance criteria, as well as all protocols and quality control measures needed to meet the project data quality objectives. These plans are prepared in accordance with Quality Assurance Project Plan Standard, EPA CIO 2105-S-02.1, incorporated by reference in subsection 62-160.800(4), F.A.C.

(26) “Quality control” is the overall system of technical activities that measures the attributes and performance of a process, product or service against defined standards to verify that they meet the established data quality objectives.

(27) “Relative percent difference (RPD)” is a calculated measure used to compare results from duplicate sample analyses. It is calculated as specified in Alternative and Modified Analytical Laboratory Methods, DEP-QA-001/01, incorporated by reference in subsection 62-160.800(5), F.A.C.

(28) “Research method” is a field procedure or analytical laboratory method that involves the evaluation or use of a new, innovative technology, or as otherwise defined in Rule 62-160.600, F.A.C., and approved by the Department for research purposes.

(29) “Secondary Use Data” means data that are being considered for use by the Department for purposes other than that for which the data were originally generated.

(30) “Spike” is an environmental or analyte-free quality control sample that has been fortified with a known chemical of interest, at a known concentration. The purpose of a spike is to determine the method recovery efficiency for the chemical of interest, at the fortified concentration level, in the particular environmental sample of interest or in the laboratory.

(31) “Statewide-use method” is a modified or alternative field or laboratory procedure or method that is submitted to and approved by the Department for the collection or testing of environmental samples by any field sampling organization or laboratory, as applicable, according to Rules 62-160.220 and 62-160.330, F.A.C. The criteria for the validation and approval of a statewide-use method are further outlined in subparts FA 2100 and FA 2200 of DEP SOP FA 1000, Regulatory Scope and Administrative Procedures for Use of DEP SOPs, incorporated by reference in subparagraph 62-160.800(1)(a)1., F.A.C., and outlined in Alternative and Modified Analytical Laboratory Methods, DEP-QA-001/01, incorporated by reference in subsection 62-160.800(5), F.A.C.

(32) “Surrogate spikes” are samples fortified at known concentration(s) with one or more compounds having similar chemical characteristics to the compounds of interest, but which are not normally found in environmental samples.

PART II

FIELD PROCEDURES

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 1-1-91, Amended 2-4-93, 2-27-94, Formerly 17-160.120, Amended 3-24-96, 4-9-02, 6-8-04, 12-3-08, 7-30-14, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.210 Approved Field Procedures

(1) All persons that conduct or support field activities and field measurements shall follow the applicable procedures and requirements described in the DEP SOP collections titled Standard Operating Procedures for Field Activities, DEP-SOP-001/01, and Standard Operating Procedures for Selected Bioassessment Activities, DEP-SOP-003/11, incorporated by reference in paragraphs 62-160.800(1)(a) and 62-160.800(1)(c), F.A.C., respectively.

(2) Additionally, all persons performing sampling for the Stream Condition Index (SCI), the Lake Vegetation Index or a Rapid Bioassessment (BioRecon) determination shall follow the procedures and satisfy the data quality objectives discussed in the following documents, which are incorporated by reference in paragraphs 62-160.800(2)(e) and 62-160.800(2)(f), F.A.C.

(a) Department of Environmental Protection, Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11); and,

(b) Department of Environmental Protection, Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11).

(3) All persons that conduct or support activities for the determination of flow (discharge) in surface waters, including for purposes of computing water quantity, shall follow the applicable procedures and requirements in Field Measurement of Stage, Surface Water Velocity, and Discharge (Flow) and Computations of Streamflow, DEP SOP FT 1800, incorporated by reference in subparagraph 62-160.800(1)(a)27., F.A.C. The requirements of this subsection shall apply to those waters meeting the definition of “surface waters” in Rule 62-302.200, F.A.C., and the definition of “waters” in Section 403.031, F.S.

(4) Any person that wishes to apply for approval of alternative or modified field procedures in place of the approved procedures specified in Standard Operating Procedures for Field Activities, DEP-SOP-001/01, incorporated by reference in paragraph 62-160.800(1)(a), F.A.C.; in place of field procedures specified or required in Department rules, contracts, orders, or permits; or in place of a laboratory procedure, shall follow the requirements provided in Rule 62-160.220, F.A.C.

(5) If field procedures for an activity are not specified in the DEP SOP collections titled Standard Operating Procedures for Field Activities, DEP-SOP-001/01, or Standard Operating Procedures for Selected Bioassessment Activities, DEP-SOP-003/11, incorporated by reference in paragraphs 62-160.800(1)(a) and (c), F.A.C., procedures specified or required in Department rules, permits, contracts, or orders shall be used, if applicable. If field procedures for an activity are not specified or required in Department rules, permits, contracts, or orders, and field procedures for an activity are not included in the DEP SOP collections, any method that satisfies data quality objectives established for the Department project may be used.

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 1-1-91, Amended 2-4-93, 2-27-94, Formerly 17-160.210, Amended 3-24-96, 10-15-96, 4-9-02, 6-8-04, 12-3-08, 7-30-14, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.220 Approval of Alternative or Modified Field Procedures

(1) Any person may apply for use of a field procedure in place of the approved procedures specified in the DEP SOP collection titled Standard Operating Procedures for Field Activities, DEP-SOP-001/01, incorporated by reference in paragraph 62-160.800(1)(a), F.A.C.; in place of field procedures that are specified or required in Department rules, contracts, orders, or permits; or in place of a laboratory procedure. Any field procedure proposed for use in place of those specified in DEP-SOP-001/01; specified or required in Department rules, contracts, orders, or permits; or in place of a laboratory procedure must be approved by the Department prior to use, according to requirements as further described in this rule (Rule 62-160.220, F.A.C.). Field procedures previously approved for use by a contract, order, or permit issued or entered into by the Department shall remain approved while the contract, order, or permit remains in effect. In such cases, the documentation that approved the use of the procedure must be retained for at least five years after expiration of the contract, order, or permit. Modified or alternative field procedures approved by the Department, but not specified in a contract, order, or permit issued by the Department shall remain approved indefinitely, unless revoked, as provided in subsection 62-160.220(9), F.A.C.

(2) Field procedures used in place of those specified in Standard Operating Procedures for Field Activities, DEP-SOP-001/01, incorporated by reference in paragraph 62-160.800(1)(a), F.A.C.; in place of field procedures specified or required by Department rules, contracts, orders, or permits; or in place of a laboratory procedure are designated by the Department as alternative field procedures. Alternative field procedures cannot be approved for any of the following:

(a) The procedures in Aquatic Habitat Characterization, DEP SOP FT 3000, incorporated by reference in subparagraph 62-160.800(1)(a)31., F.A.C.;

(b) The procedures in Biological Reconnaissance Field Method, DEP SOP BRN 1000, incorporated by reference in subparagraph 62-160.800(1)(c)1., F.A.C., Lake Vegetation Index Methods, DEP SOP LVI 1000, incorporated by reference in subparagraph 62-160.800(1)(c)2., F.A.C., and Stream Condition Index Methods, DEP SOP SCI 1000, incorporated by reference in subparagraph 62-160.800(1)(c)3., F.A.C.; and,

(c) The procedures for sampling and the description of data quality objectives and criteria for data usability assessments for the Stream Condition Index (SCI) or a BioRecon determination, as discussed in Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer, DEP-SAS-001/11, incorporated by reference in paragraph 62-160.800(2)(e), F.A.C., and the Lake Vegetation Index (LVI), as discussed in Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer, DEP-SAS-002/11, incorporated by reference in paragraph 62-160.800(2)(f), F.A.C.

(3) The Department defines a modification to a field procedure as any change that alters the scope, applicability, specifications, steps, performance criteria, or any other requirements described in a published procedure, and includes those changes described in subparts FA 2100 and FA 2210 of DEP SOP FA 1000, incorporated by reference in subparagraph 62-160.800(1)(a)1., F.A.C. A published procedure is a DEP SOP, a field procedure specified in another Department rule, or other procedures in the scientific or technical literature. Modifications to field procedures are approved by the Department according to the following:

(a) A modification to a procedure that is specifically allowed by instructions in the published procedure is pre-approved by the Department. Any constraints or limits to modifications specified in the original procedure, and any required performance criteria for allowed modifications specified in the procedure shall apply to all pre-approved modifications. The person or organization performing the modified field procedure shall retain all data and documentation demonstrating that the modification produces results that meet data quality objectives established by the Department for a specific use of data. These records shall be retained for at least five years after the last use of the modification for the specific sample(s) affected.

(b) Except for those modifications described in paragraph 62-160.220(3)(a), F.A.C., above, the Department shall determine whether any modifications to a DEP SOP or to a field procedure specified in any other Department rule, contract, order, or permit, constitute an alternative field procedure, as described in subsections 62-160.220(2), and subparts FA 2100 and FA 2210 of DEP SOP FA 1000, incorporated by reference in subparagraph 62-160.800(1)(a)1., F.A.C. The Department shall evaluate and approve or disapprove the request according to subsection 62-160.220(4), F.A.C.

(c) The Department shall evaluate and approve or disapprove any modifications to published procedures not pre-approved in paragraph 62-160.220(3)(a), F.A.C., according to the criteria in subsection 62-160.220(4), F.A.C.

(d) The procedures in the DEP SOPs and supporting documents listed in paragraphs 62-160.220(2)(a)-(c), F.A.C., may not be modified, except where allowed according to paragraphs 62-160.220(3)(a) and 62-160.330(3)(a), F.A.C.

(4) A modified or alternative field procedure, as described in subsection 62-160.220(2) or 62-160.220(3), F.A.C., shall be evaluated and approved or disapproved by the Department according to the requirements in Regulatory Scope and Administrative Procedures for Use of DEP SOPs, subparts FA 2100 and FA 2200 of DEP SOP FA 1000, incorporated by reference in subparagraph 62-160.800(1)(a)1., F.A.C. As further described in the DEP SOP subparts cited above, when evaluating or approving the proposed alternative field procedure, the Department shall consider the following factors and requirements for review of the proposed procedure:

(a) Whether procedural steps, use of equipment, use of reagents, use of technology, or other elements of the field procedure that are proposed are different than those procedures required in the DEP SOPs or different than other procedures required by rules of the Department;

(b) Whether the use of the alternative or modified field procedure generates data that meet data quality objectives established by the Department for the data;

(c) Whether the alternative or modified field procedure is demonstrated to be equivalent to or exceeds the performance of the unmodified or replaced DEP SOP or other field procedure specified by a Department rule, contract, order or permit;

(d) Whether the Department cannot grant approval of the alternative or modified field procedure, because use of the alternative procedure will produce data that are unusable by the Department for a specified purpose, or, if the data will not be comparable to, or are otherwise incompatible for use with, existing data generated by other approved field procedures, or, if the data would be invalid according to any applicable requirements described in Rule 62-160.670, F.A.C., below; and,

(e) Whether the proposed procedures were developed by consensus or standardization organizations, such as ASTM International, the United States Environmental Protection Agency, or the United States Geological Survey, or developed by manufacturers or vendors from collaborative studies.

(5) Validation documentation shall be submitted to the Department for all proposed alternative field procedures and for all proposed modified field procedures not pre-approved by the Department. All submittals of information for alternative field procedures or modifications to published procedures shall at a minimum be evaluted according to the requirements in subsection 62-160.220(4), F.A.C., above.

(a) The Department’s approval of the alternative field procedure or modified published procedure shall be limited to the specific scope and applications that have been identified and validated by the submitted documentation.

(b) The Department shall require documentation as necessary to demonstrate that the modified or alternative procedure produces results that are equivalent to or superior to the originally published procedure when applied to affected samples collected or tested for a specific use of the data generated by the procedure, except where the Department has determined that such performance comparison with the original procedure is not needed for the Department’s data quality objectives.

(c) Complete submittals of information supporting requests for alternative field procedures or modifications to published procedures shall be approved if the Department determines that the circumstances for approving the alternative field procedure or modifications to a published procedure are justified, based on the technical merits of the procedure, the adequacy of demonstration or validation data and other supporting information, and the applicability of the alternative field procedure or modified procedure to specific environmental conditions or field sampling designs. In addition, any alternative field procedure or modified procedure must be demonstrated to meet or exceed the data quality objectives established for a specific field application or data use. This demonstration shall take into account specific conditions, such as type of field site, environmental conditions, facility location, specified permit(s), sample collection or field-testing matrix, type of waste stream, and the specific uses of data generated by use of the procedure.

(6) An alternative or modified field procedure shall be evaluated based on its intended use, and designated as either limited-use or statewide-use, if approved:

(a) For limited-use methods, the Department shall limit the approval of the modified or alternative field procedure solely for use by the person or organization submitting the request based on the information and data provided to the Department in support of the request for approval. If the submitter is different than the person or organization that performed the validation, then the approval for limited use shall only apply to the person or organization that performed the validation.

(b) For statewide-use methods, the Department shall approve the modified or alternative field procedure for use by all persons and organizations based on the information and data provided to the Department in support of the request for approval. The Department shall require the design of a collaborative study conducted by two or more independent persons or organizations to investigate the efficacy of the proposed statewide-use alternative or modified field procedure for specified site or environmental conditions, sample types, or other specifications applicable to the scope of approval requested. An evaluation of the proposed procedure on multiple sites representing different environmental conditions shall also be required to demonstrate the applicability and efficacy of the procedure. The number of independent persons or organizations required to participate and the number of environmental test sites required for the study shall depend on the statistical robustness determined by the Department to be necessary for the study design, in collaboration with the requestor. Each application for statewide use will be considered on a case-by-case basis by the Department. Approval for statewide use does not guarantee applicability of the procedure for all potential uses.

(7) The approval or disapproval of any submitted alternative field procedure or modified published field procedure shall be noticed as follows:

(a) For limited-use methods, the Department shall issue an order of approval or disapproval of the alternative or modified field procedure to the person or organization who submitted the procedure. Any additional administrative or scientific information pertinent to the approval or disapproval of the procedure shall be included or incorporated by reference in the order. The order and the alternative or modified field procedure shall be posted on the Department’s website and provided to all persons enrolled to receive the Department’s Quality of Science electronic newsletter.

(b) For statewide-use methods, the Department shall issue an order of approval or disapproval of the alternative or modified field procedure to the person or organization who submitted the procedure. Any additional administrative or scientific information pertinent to the approval or disapproval of the procedure shall be included or incorporated by reference in the order. A notice of the order approving or disapproving the procedure shall be published in the Florida Administrative Register. For informational purposes only, the order and the alternative or modified field procedure shall be posted on the Department’s website and provided to all persons enrolled to receive the Department’s Quality of Science electronic newsletter.

(c) Any person substantially affected by the approval or disapproval of a limited-use alternative or modified field procedure may request an administrative hearing as provided in Chapter 120, F.S. Any person substantially affected by the approval or disapproval of a statewide-use alternative or modified field procedure may request an administrative hearing as provided in Chapter 120, F.S., within 21 days of publishing the notice in the Florida Administrative Register, or within 21 days of receipt of the written notice, whichever occurs first.

(8) Any alternative or modified field procedure approved for statewide use shall be incorporated into updates of the Department’s field sampling procedures in Standard Operating Procedures for Field Activities, (DEP-SOP-001/01), incorporated by reference in paragraph 62-160.800(1)(a), F.A.C. Alternative or modified field procedures approved for limited use shall not be incorporated into DEP-SOP-001/01.

(9) Approval of a field procedure shall be revoked by the Department if new technical, scientific or regulatory information justifies its revocation. The Department shall use the best scientific and technical information, methods and data in its possession in making the determination to revoke an approved procedure.

(a) For a field procedure that was approved for a limited use, the Department shall issue an order revoking approval of the field procedure to the person or organization who submitted the procedure. Any additional administrative or scientific information pertinent to the revocation of approval of the procedure shall be included or incorporated by reference in the order. The order of revocation shall be posted on the Department’s website and provided to all persons enrolled to receive the Department’s Quality of Science electronic newsletter. Any person substantially affected by the revocation of approval of a limited-use field procedure may request an administrative hearing as provided in Chapter 120, F.S.

(b) For a field procedure that was approved for statewide use, the Department shall issue an order revoking approval of the field procedure to the person or organization who submitted the procedure. Any additional administrative or scientific information pertinent to the revocation of approval of the procedure shall be included or incorporated by reference in the order. A notice of the order revoking approval of the procedure shall be published in the Florida Administrative Register. For informational purposes only, the order shall also be posted on the Department’s website and provided to all persons enrolled to receive the Department’s Quality of Science electronic newsletter. Any person substantially affected by the revocation of approval of a statewide-use field procedure may request an administrative hearing as provided in Chapter 120, F.S., within 21 days of publishing the notice in the Florida Administrative Register, or within 21 days of receipt of the written notice, whichever occurs first.

(10) Research field procedures shall be submitted for review and approval according to the requirements in Rule 62-160.600, F.A.C. If a method is initially developed for research purposes but will subsequently be used for compliance or other regulatory activities, the procedure(s) shall be submitted for review and approval according to applicable requirements in Rule 62-160.220, F.A.C.

(11) Any person that wishes to use a field procedure in place of a laboratory procedure shall follow the requirements provided in this rule, Regulatory Scope and Administrative Procedures for Use of DEP SOPs, part FA 2000 of DEP SOP FA 1000, incorporated by reference in subparagraph 62-160.800(1)(a)1., F.A.C., and Alternative and Modified Analytical Laboratory Methods, DEP-QA-001/01, incorporated by reference in subsection 62-160.800(5), F.A.C.

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 1-1-91, Amended 2-4-93, Formerly 17-160.220, Amended 3-24-96, 10-15-96, 4-9-02, 6-8-04, 12-3-08, 7-30-14, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.240 Record Keeping and Reporting Requirements for Field Procedures

(1) The record keeping requirements for entities that conduct or support field activities and field measurements are specified in the DEP SOPs contained in the following collections: Standard Operating Procedures for Field Activities, DEP-SOP-001/01, incorporated by reference in paragraph 62-160.800(1)(a), F.A.C., and Standard Operating Procedures for Selected Bioassessment Activities, DEP-SOP-003/11, incorporated by reference in paragraph 62-160.800(1)(c), F.A.C. The specified records shall contain sufficient information to allow independent reconstruction of all activities related to generating data that are submitted to the Department. These records shall be kept by the generator of the records for a minimum of five years after the date of generation or completion of the records unless otherwise specified in a Department contract, order, permit or Title 62 rules.

(2) Electronic records shall be acceptable as documentation and shall be considered as equivalent in status and function to paper records or documents, unless otherwise specified in a Department contract, order, permit or Title 62 rules.

(a) All documentation requirements in this chapter shall apply equally to paper and electronic records.

(b) Electronic copies intended to replace original records shall contain the same information as the original records, regardless of whether the electronic copies are designated as master or duplicate records.

(3) When requested by the Department, the following field sampling information shall be provided to the Department for each site, facility, or sampling location, as applicable:

(a) Project information including:

1. Project and/or program identification or name; and,

2. Site and/or facility name, address and phone number.

(b) Site or facility locational information to include:

1. Latitude measure in degrees-minutes-seconds (seconds may contain up to four decimal places),

2. Longitude measure in degrees-minutes-seconds (seconds may contain up to four decimal places),

3. Datum – the horizontal reference for measuring locations on the Earth’s surface, and

4. Geolocational collection information:

a. Collection method – the method or mechanism used to derive the measurements,

b. Collector name – name of individual who collected the locational data,

c. Collector affiliation – collector’s agency or entity affiliation,

d. Collection date – date locational data were collected,

e. Coordinate accuracy level – the measured, estimated or deduced degree of correctness of the measurement; and,

f. Verification information including name of the person verifying the measurement, the date and the time when verification was performed.

(c) Information about the collected samples:

1. Name(s) and affiliation of individual(s) collecting samples,

2. Sampling method(s) used,

3. Sample description such as sample type, sample matrix, and sample treatments (preservation, filtration, etc.),

4. Client or field identification number for each sample,

5. Date and time of sample collection, including date and time sample collection ended (if collecting a composite sample),

6. Sample collection depth,

7. Unambiguous identification of all field-generated quality control samples such as field or equipment blanks, replicate samples or split samples; and,

8. Any additional information from the field documentation records specified in the DEP SOPs contained in the collections Standard Operating Procedures for Field Activities, DEP-SOP-001/01, and Standard Operating Procedures for Selected Bioassessment Activities, DEP-SOP-003/11, incorporated by reference in paragraphs 62-160.800(1)(a) and 62-160.800(1)(c), F.A.C., respectively.

(d) Information about field measurement activities:

1. Method(s) used to make field measurement,

2. Name of field parameter,

3. Result, result units and associated data qualifier code(s); and,

4. Any additional information from the field documentation records specified in the DEP SOPs contained in the collection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, incorporated by reference in paragraph 62-160.800(1)(a), F.A.C.

(e) Information about site conditions:

1. Weather,

2. Flow (including units); and,

3. Any additional information from the field documentation records specified in the DEP SOPs contained in the collection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, incorporated by reference in paragraph 62-160.800(1)(a), F.A.C.

(f) Any additional information specified by the Department in contracts, orders, permits, title 62 rules or Department-approved planning documents such as quality assurance plans, sampling and analysis plans, and monitoring plans.

(g) All documentation for new or alternative field procedures as required in Rule 62-160.220, F.A.C.

(4) Field sampling data issued to a client(s) for Department-related work or directly to the Department shall be provided to the Department in an electronic format consistent with requirements for importing into Department databases, as specified by the Department in applicable contracts, orders, permits or Title 62 rules. In addition, certain Department programs specify the submission of paper reports. Field sampling information may be incorporated into laboratory reports specified in Rule 62-160.340, F.A.C. Specific electronic and paper report format requirements shall be as specified by the Department in the applicable contract, order, permit or Title 62 rules.

(5) When data are provided to the Department in a report that is a summary, a re-published format, or in a reduced form (e.g., report, table, report form), the report shall not change the original data, or delete any data qualifiers reported by the originating field organization unless specified by Department contract, order, permit, or Title 62 rules. Copies (electronic or paper) of the original field report(s) shall be submitted with all such reports unless directed to do otherwise by the Department.

(6) When data qualifiers are added through a validation or review process that is independent of the field reporting process, the reason for the addition, the date of the addition, and the person adding the qualifier(s) shall be included. These qualifiers shall be included in any documents that are summaries or re-published formats, as described in subsection (5) above.

PART III

LABORATORY CERTIFICATION AND PROCEDURES

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 4-9-02, Amended 6-8-04, 12-3-08, 7-30-14, 5-20-26.

Fla. Admin. Code R. 62-160.300 Laboratory Certification

(1) Except as provided in subsections 62-160.300(2) through (8), F.A.C., all laboratories generating environmental data for submission to the Department or for use in Department-regulated or Department-sponsored activities shall hold certification from the Florida Department of Health, Environmental Laboratory Certification Program (DOH ELCP). Such certification shall be for all matrix/test method/analyte(s) combinations being measured. Notwithstanding the definition in Rule 62-160.120, F.A.C., and solely for purposes of this rule, “matrix” means the condition under which the laboratory originally receives the sample, and shall be classified according to the Field of Accreditation Matrix groups defined by subsection 62-160.120(18), F.A.C.

(a) Certification shall be based on the matrix of the sample.

(b) For laboratories reporting data for drinking water compliance, certification shall be for all matrix/test method/analyte(s) combinations being reported.

(c) For the non-potable water matrix, laboratories shall apply for and receive DOH ELCP certification in at least one method for each analytical technology/analyte combination being measured. The Department will accept any of the combinations certified by the DOH ELCP, according to Rule 64E-1.102, F.A.C., incorporated by reference in subsection 62-160.800(15), F.A.C.

1. When a Department contract, order, permit or title 62 rules requires a specific method to be reported, laboratories shall report only that method. Laboratories may report additional analytes not published in the reported method, if the applicable requirements in Rule 62-160.330, F.A.C. are met, and the laboratory is certified according to paragraph 62-160.300(1)(c), F.A.C.

2. Except as noted in subparagraph 62-160.300(1)(c)1., F.A.C., above, laboratories may report results by any method that is equivalent in technology to the method for which they hold certification, provided they are certified according to paragraph 62-160.300(1)(c), F.A.C., for the analyte that is reported. When laboratories report a method for which they do not hold certification, the laboratory shall document that all requirements of the reported method are met.

3. If a laboratory is required to provide data for an analyte for which, according to subsection 62-160.320(1), F.A.C., no method is published for the non-potable water matrix, or the published method for the non-potable water matrix does not meet required data quality objectives established by the Department for a project, but a method is published for the drinking water matrix, and the Department has recognized that the published drinking water method meets the data quality objectives for the Department project for which the method will be used according to subsection 62-160.320(1), F.A.C., the laboratory is not required to obtain certification for the analytical technology/analyte combination in the non-potable water matrix. However, the laboratory must be certified in the drinking water matrix for the reported test method/analyte combination.

(d) For all other matrices, laboratories shall apply for and receive certification for all matrix/test method/analyte combinations that are reported to the Department.

(2) To the extent possible, a laboratory must be certified as specified in subsection 62-160.300(1), F.A.C., before reporting results for a given matrix/analytical technology or test method/analyte combination. However, if a laboratory makes a written request to the Department to use a method that is not certified, the Department will allow a laboratory to begin using a method before the certification process is complete if the following requirements are met.

(a) The laboratory must have met all the requirements for certification except for the on-site visit by DOH ELCP inspectors. The laboratory must be prepared to provide to the Department copies of the relevant application, applicable performance test sample results and the initial demonstration of capability.

(b) The precision, accuracy and method detection limits generated by the laboratory must meet or exceed the project specific data quality objectives.

(c) The laboratory shall notify the Department of the status of its certification application within 5 business days of receiving notification by DOH ELCP of the certification granted for the specific matrix/analytical technology or test method/analyte combination requested.

(3) Laboratory certification by the DOH ELCP is not required for the following test procedures identified in subsections 62-550.550(1) and (2), F.A.C., when conducted by an operator licensed under Chapter 62-602, F.A.C., or by persons under the direct supervision of a licensed operator, for the purposes of drinking water compliance:

(a) Alkalinity;

(b) Bromide;

(c) Calcium;

(d) Chlorite (only at entrances to distribution systems);

(e) Specific conductance;

(f) Disinfectant residual (includes residual chlorine);

(g) Orthophosphate;

(h) pH;

(i) Silica;

(j) Specific ultraviolet absorbance;

(k) Temperature;

(l) Total organic carbon;

(m) Turbidity, or

(n) Any analytes in addition to those listed in paragraphs 62-160.300(3)(a) through 62-160.300(3)(m), F.A.C., above that are exempted from laboratory certification according to subsections 62-550.550(1) and 62-550.550(2), F.A.C., for the specific compliance applications described therein.

(o) The analytes exempted in paragraphs 62-160.300(3)(a) through 62-160.300(3)(n), F.A.C., above shall be analyzed according to all applicable requirements for analyses according to subsections 62-550.550(1) and 62-550.550(2), F.A.C., for the specific compliance applications described therein.

(p) In cases where the Department has a specific field testing method standard operating procedure in Standard Operating Procedures for Field Activities, DEP-SOP-001/01, incorporated by reference in paragraph 62-160.800(1)(a), F.A.C., the laboratory or authorized person, as described in Rule 62-550.550, F.A.C., shall follow the Department’s procedures. For all other analytes, a laboratory or authorized person, as described in Rule 62-550.550, F.A.C., shall only use test methods that are acceptable for drinking water compliance, as specified in Rule 62-550.550, F.A.C., and shall follow all requirements for calibration verification according to General Field Testing and Measurement, DEP SOP FT 1000, incorporated by reference in subparagraph 62-160.800(1)(a)18., F.A.C.

(4) Certification by the DOH ELCP is not required when conducting the test procedures for the analytes listed in paragraphs 62-160.300(4)(a) through (h), F.A.C., because the Department’s SOPs are more stringent than the corresponding laboratory test methods certified by DOH ELCP. When conducting these test procedures, laboratories shall follow the applicable DEP SOPs in Standard Operating Procedures for Field Activities, DEP-SOP-001/01, incorporated by reference in paragraph 62-160.800(1)(a), F.A.C.

(a) pH;

(b) Dissolved oxygen;

(c) Specific conductance;

(d) Temperature;

(e) Total residual chlorine (including free available chlorine);

(f) Salinity;

(g) Turbidity; and,

(h) Any other test with a specified holding time of fifteen minutes or less when performed as a field procedure.

(5) Certification is not required for the following tests or analyses:

(a) Any analyses related solely to internal process control, unless the test data are reported to the Department to meet compliance monitoring requirements for a Department-issued permit;

(b) Laboratory tests conducted for research projects, as described in Rule 62-160.600, F.A.C., or

(c) Methods used by statutorily created volunteer monitoring organizations, when the Department has reviewed and concluded that the organization’s Standard Operating Procedures provide sufficient quality assurance requirements for Department purposes.

(6) Certification by the DOH ELCP is not required for methods and procedures required to perform the Specific Oxygen Uptake Rate (SOUR) test, when performed by an operator certified in accordance with Chapter 62-602, F.A.C., or persons under the direction of a certified operator, as authorized by Chapter 62-640, F.A.C.

(7) Certification is not required for any test in which the reported result is a calculation from the results of other tests for which the laboratory holds certification by the DOH ELCP.

(8) Certification is not required for those matrix/method/analyte combinations (such as taxonomic identification) that are not included in the DOH ELCP scope of accreditation.

(9) If certification is not required (see subsections 62-160.300(3) through (8), F.A.C.), laboratory organizations shall follow the relevant Department-approved methods as provided in Rule 62-160.320, F.A.C., and shall meet all other requirements for laboratories as provided in this chapter.

History

• Rulemaking Authority 403.061, 403.0623, 403.0625 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.803, 403.853, 403.863 FS. History–New 1-1-91, Amended 2-4-93, 2-27-94, Formerly 17-160.300, Amended 3-24-96, 4-9-02, 6-8-04, 12-3-08, 7-30-14, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.320 Approved Laboratory Methods

(1) Approved laboratory methods are specified in the Department’s rules, contracts, orders or permits. When methods are specified by a Department rule, contract, order or permit, only those methods shall be used. For informational purposes, the Department maintains lists of methods, method compendiums and publication sources that have been recognized by the Department. When laboratory methods are not specified in Department rules, contracts, orders or permits, applicable methods from the list of recognized methods are approved, where the methods are determined by the Department to satisfy data quality objectives established for the Department project. However, these lists shall not supersede or limit the use of other methods that are required by contract, order, permit or Title 62 rules. Links for the lists of methods are posted on the Department’s webpage at https://floridadep.gov/dear/quality-assurance/content/analytical-method-source.

(2) Except as specified in subsections (3) and (4) below, laboratories performing taxonomic identification for periphyton or benthic macroinvertebrates shall use the procedures in the following DEP SOPs:

(a) For taxonomic identification of periphyton, part LQ 7000 and subparts LQ 7100 through LQ 7140 in Laboratory Quality Control, DEP SOP LQ 1000, incorporated by reference in subparagraph 62-160.800(1)(b)2., shall be used;

(b) For taxonomic identification of benthic macroinvertebrates, part LQ 7000 and subparts LQ 7400 through LQ 7420 in Laboratory Quality Control, DEP SOP LQ 1000, incorporated by reference in subparagraph 62-160.800(1)(b)2., F.A.C., shall be used.

(3) Laboratories performing taxonomic identifications or calculations for the Stream Condition Index (SCI), the Lake Vegetation Index, or making a Biorecon determination shall use the procedures in the following DEP SOPs:

(a) For the Stream Condition Index, Stream Condition Index Methods, DEP SOP SCI 1000, incorporated by reference in subparagraph 62-160.800(1)(c)3., F.A.C., shall be used;

(b) For the Lake Vegetation Index, Lake Vegetation Index Methods, DEP SOP LVI 1000, incorporated by reference in subparagraph 62-160.800(1)(c)2., F.A.C., shall be used;

(c) For the BioRecon determination, Biological Reconnaissance Field Method, DEP SOP BRN 1000, incorporated by reference in subparagraph 62-160.800(1)(c)1., F.A.C., shall be used.

(4) Additionally, laboratories or persons performing taxonomic identifications, calculations or data usability assessments for the Stream Condition Index (SCI), the Lake Vegetation Index or a BioRecon determination shall follow the procedures and satisfy the data quality objectives discussed in Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer, DEP-SAS-001/11, and Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer, DEP-SAS-002/11, incorporated by reference in paragraphs 62-160.800(2)(e) and 62-160.800(2)(f), F.A.C., respectively.

(5) Laboratories calculating the Lake Condition Index (LCI) shall use the procedures in Determination of Biological Indices, DEP SOP LT 7000, parts LT 7010, LT 7020, LT 7030, LT 7040, LT 7300 and LT 7900, incorporated by reference in subparagraph 62-160.800(1)(b)3., F.A.C.

(6) Laboratories calculating the Wetland Condition Indices (WCI) shall use the procedures in the following subparts of Determination of Biological Indices, DEP SOP LT 7000, part LT 7600, incorporated by reference in subparagraph 62-160.800(1)(b)3., F.A.C.:

(a) For the determination of Wetland Condition Index for freshwater isolated herbaceous wetlands, DEP SOP subpart LT 7610 shall be used (including subparts LT 7611 and LT 7612).

(b) For the determination of Wetland Condition Index for freshwater isolated forested wetlands, DEP SOP subpart LT 7620 shall be used (including subparts LT 7621 and LT 7622).

(7) Laboratories analyzing for chlorophyll a shall use methods included in Applicability of Chlorophyll a Methods, DEP-SAS-002/10, incorporated by reference in subsection 62-160.800(14), F.A.C., unless otherwise specified in a Department rule, contract, order, or permit.

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 4-9-02, Amended 12-3-08, 7-30-14, 5-20-26.

Fla. Admin. Code R. 62-160.330 Approval of Alternative or Modified Laboratory Methods

(1) Any person may apply for use of a laboratory method in place of the approved methods described in subsection 62-160.320(1), F.A.C. Any laboratory method proposed for use in place of those described in subsection 62-160.320(1), F.A.C., or in place of laboratory methods specified or required in other rules of the Department must be approved by the Department prior to use, as further required below. Laboratory methods that have been previously approved for use in a Department rule, contract, order, or permit shall remain approved while such documents remain in effect. In such cases, the documentation that approved the use of the method must be retained for at least five years after the last use of the method for the specific samples analyzed by the approved method. Laboratory methods approved by the Department to meet established data quality objectives according to subsection 62-160.320(1), F.A.C., and alternative or modified laboratory methods previously approved by the Department shall remain approved, except as provided in subsection 62-160.330(9), F.A.C.

(2) Laboratory methods used in place of those specified or required in Department rules, contracts, orders, or permits are designated by the Department as alternative laboratory methods. Alternative laboratory methods that support a Department rule, contract, order, or permit must be approved by the Department prior to use. Alternative laboratory methods cannot be approved for the following:

(a) Any method that the United States Environmental Protection Agency has designated for analysis of a “method-defined analyte;”

(b) The following methods from Determination of Biological Indices, DEP SOP LT 7000, incorporated by reference in subparagraph 62-160.800(1)(b)3., F.A.C.:

1. Part LT 7300 of LT 7000, Lake Condition Index (LCI) Determination; and,

2. Part LT 7600 of LT 7000, Determination of Wetland Condition Indices; and,

(c) The laboratory methods described in the Biological Reconnaissance Field Method, DEP SOP BRN 1000, incorporated by reference in subparagraph 62-160.800(1)(c)1., F.A.C., Stream Condition Index Methods, DEP SOP SCI 1000, incorporated by reference in subparagraph 62-160.800(1)(c)3., F.A.C., and Lake Vegetation Index Methods, DEP SOP LVI 1000, incorporated by reference in subparagraph 62-160.800(1)(c)2., F.A.C.

(3) The Department defines a laboratory method modification as any change to a published analytical laboratory method that alters the scope and applicability, specifications, procedures, steps, performance criteria, or any other requirements described in the published method, as applicable to the analytes and matrices for which the method was originally published. A published method is any analytical laboratory method specified, recognized or approved by the Department according to subsection 62-160.320(1), F.A.C., or other procedures in scientific journals or other technical literature.

(a) A modified method must satisfy the data quality objectives established by the Department project, permit, rule, contract, order, or data use for which the modifed method will be performed; and the laboratory shall retain all data that demonstrate that the modification meets the Department’s data quality objectives. Additionally, validation of the modified method shall demonstrate that the modified method produces equivalent or superior analytical performance, as compared to the unmodified method, when applicable to the analyte and matrix for which the modifed method will be used. These demonstration records shall be retained for at least five years after the last use of the modification for the specific laboratory sample(s) analyzed by the modified method. The Department’s approval of the modified method shall be limited to the specific method scope and modifications validated by the laboratory.

(b) Upon review of any request to use a modified method, the Department shall determine whether the proposed modified method constitutes an alternative method according to subsection 62-160.330(2), F.A.C. All proposals to use modified methods as alternative methods shall include the submittal of method validation documentation to the Department according to the requirements in subsection 62-160.330(4), F.A.C.

(c) Methods listed in paragraphs 62-160.330(2)(a) – 62-160.330(2)(c), F.A.C., shall not be modified.

(d) When method modifications are specifically allowed as indicated in subparagraphs 62-160.330(3)(d)1. – 62-160.330(3)(d)3., F.A.C., below, submittal of method validation documentation to the Department prior to use is not required, and such modifications are pre-approved by the Department. When laboratory certification is required according to Rule 62-160.300, F.A.C., applicable requirements for method validation, and applicable initial and ongoing demonstrations of capability for use of the modified method shall be performed as required in the applicable testing module of the 2016 TNI Standard, which is incorporated by reference in paragraph 62-160.800(3)(b), F.A.C. In addition, all applicable requirements for the use of non-standard methods, such as validation of methods, as discussed in Module 2 of the 2016 TNI Standard, shall be met for the use of any modified methods requiring laboratory certification.

1. Modifications specifically allowed according to descriptions or discussions in the original, unmodified method are pre-approved by the Department. Any constraints or limits to modifications specified in the original method and any required performance criteria for allowed modifications specified in the method shall apply to all pre-approved modifications.

2. Allowable modifications described by the Environmental Protection Agency (EPA) at 40 CFR, Part 136.6, which is incorporated by reference in subsection 62-160.800(9), F.A.C., apply to the methods listed at 40 CFR, Part 136.3, which is incorporated by reference in subsection 62-160.800(6), F.A.C., and are pre-approved by the Department. In accordance with 40 CFR, Part 136.6, a facility shall notify the Department’s permit processor of any specific use of a modified method for analysis of compliance samples associated with a permitted facility.

a. The Department shall consider all interpretations of 40 CFR Part 136.6 as published by the EPA on its webpages or in applicable EPA memoranda when responding to requests from any person for assistance in clarifying whether a modification to a method listed at 40 CFR, Part 136.3 is allowed. When such a determination is uncertain or controversial, the Department shall refer the request to the EPA Region 4 Regional Administrator for determination. However, this determination shall not supersede any requirements in Department rules, contracts, orders, or permits to use specific methods.

b. Allowable modifications described in 40 CFR, Part 136.6 shall apply to other approved methods that are not listed in 40 CFR, Part 136.3, which is incorporated by reference in subsection 62-160.800(6), F.A.C., and shall be considered for pre-approval by the Department upon request. The Department shall consider the applicability of allowable modifications as described in 40 CFR, Part 136.6, which is incorporated by reference in subsection 62-160.800(9), F.A.C., to other methods according to sub-subparagraph 62-160.330(3)(d)2.a., F.A.C., above. If the Department determines that the requested modifications meet Department data quality objectives according to 40 CFR Part 136.6 requirements for the specific use(s) of the method requested and are pre-approved, then the submission of method validation documentation to the Department is not required.

3. The Department has determined that methods published by the Environmental Protection Agency (EPA) in the collection titled “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846)” may be modified to achieve Department data quality objectives when such modifications are made according to the information and requirements for implementing flexibility in the use of SW-846 methods, alternative methods, or modified methods, as discussed in Chapter Two, Section 2.1, in SW-846, which is incorporated by reference in subsection 62-160.800(11), F.A.C. However, this determination shall not supersede any requirements in Department rules, contracts, orders, or permits to use specific methods.

a. Allowable modifications as discussed in Chapter Two, Section 2.1, in SW-846, shall apply to other approved methods that are not included in the SW-846 collection, and shall be considered for pre-approval by the Department upon request. The Department shall consider the applicability of allowable modifications to other methods according to the information and requirements for implementing flexibility in the use of alternative or modified methods, as discussed in Chapter Two, Section 2.1 of SW-846. If the Department determines that the requested modifications meet Department data quality objectives according to the requirements in Chapter Two, Section 2.1 of SW-846 for the specific use(s) of the method requested and are pre-approved, then the submission of method validation documentation to the Department is not required.

b. The provisions for use of modified methods in sub-subparagraph 62-160.330(3)(d)3.a., F.A.C., above, shall not supersede requirements in subparagraph 62-160.330(3)(d)2., F.A.C., above.

(4) Validation documentation shall be submitted to the Department for all proposed alternative methods and for all proposed modified methods not pre-approved by the Department.

(a) Validation information must demonstrate that the alternative or modified method produces equivalent or superior analytical performance in meeting the data quality objectives established for the Department project or specified data use, as compared to the original, unmodified method or to the method for which it is proposed as an alternative.

(b) When validation documentation must be submitted to the Department, alternative laboratory methods and modifications to published laboratory methods shall be demonstrated as appropriate for use according to the requirements in Alternative and Modified Analytical Laboratory Methods, DEP-QA-001/01, incorporated by reference in subsection 62-160.800(5), F.A.C. Alternative and modified methods shall be evaluated according to criteria for demonstrations of initial and ongoing performance as required by the original unmodified method or published alternative method. When laboratory certification is required according to Rule 62-160.300, F.A.C., applicable requirements for method validation and applicable initial and ongoing demonstrations of capability shall be performed as required in the applicable testing module of the 2016 TNI Standard, incorporated by reference in paragraph 62-160.800(3)(b), F.A.C. In addition, all applicable requirements for the use of non-standard methods, such as validation of methods, as discussed in Module 2 of the 2016 TNI Standard, incorporated by reference in paragraph 62-160.800(3)(b), F.A.C., shall be met for the use of any alternative or modified methods requiring laboratory certification.

(5) When evaluating or approving a proposed alternative or modified laboratory method, the Department shall consider the following factors and requirements for review of the proposed method, in addition to those factors and requirements described in Alternative and Modified Analytical Laboratory Methods, DEP-QA-001/01, incorporated by reference in subsection 62-160.800(5), F.A.C.:

(a) Whether procedural steps, use of equipment, use of reagents, use of technology, or other elements of the laboratory method that are proposed are different than those required in the approved laboratory method, as described in subsection 62-160.320(1), F.A.C;

(b) Whether the use of the alternative or modified laboratory method generates data that meet data quality objectives established by the Department for the data;

(c) Whether the alternative or modified laboratory method is demonstrated to be equivalent to or exceeds the performance of the approved laboratory method that the proposed method or modification is intended to replace;

(d) Whether the Department cannot grant approval of the alternative or modifed method, because use of the proposed method will produce data that are unusable by the Department for a specified purpose, or, if the data will not be comparable to, or are otherwise incompatible for use with existing data generated by other approved laboratory methods, or, if the data would be invalid according to any applicable requirements described in Rule 62-160.670, F.A.C., below; and,

(e) Whether the laboratory methods were developed by consensus or standardization organizations, such as AOAC International, ASTM International, the United States Environmental Protection Agency, or the United States Geological Survey, or developed by manufacturers or vendors using collaborative interlaboratory studies.

(6) The submitted method validation documentation for an alternative laboratory method or modification of a published method shall be evaluated based on its intended use, and designated as either limited-use or statewide-use, if approved:

(a) For limited-use methods, the Department shall limit the approval of the alternative or modified laboratory method solely for use by the person or organization submitting the request, based on the information and data provided to the Department in support of the request for proposed method approval. A limited-use method is validated by a single laboratory and shall only be used by that laboratory at that location or branch. If the submitter is different than the laboratory that performed the method validation, then the approval for limited use shall only apply to the performing laboratory. Typically, the limited-use method is intended only for testing environmental samples from a particular site, waste stream, facility location, or sample matrix (such as effluent, surface water, groundwater, drinking water, or soil). However, the Department shall approve the proposed limited-use method for any scope that is proposed with the request for approval if the scope of use has been validated by the supporting information submitted with the request, according to all applicable requirements of this rule (Rule 62-160.330, F.A.C.).

(b) For statewide-use methods, the Department shall evaluate and approve the alternative or modified laboratory method for use by laboratories based on the information and data provided to the Department in support of the request for the alternative or modified method approval. Each application for statewide use will be considered on a case-by-case basis by the Department. Approval for statewide use does not guarantee applicability of the procedure for all potential uses. The Department shall require the design of a collaborative study conducted by multiple independent laboratories to investigate the efficacy and robustness of the proposed statewide-use alternative or modified method for specified site or environmental conditions, sample types, sample matrices, waste streams, analytes, or other specifications applicable to the scope of approval requested, according to the following:

1. An inter-laboratory collaborative study following the specifications in Appendix D, Official Methods of Analysis of the AOAC INTERNATIONAL, 19th edition (2012), which is incorporated by reference in subsection 62-160.800(12), F.A.C., or

2. Alternatively, an inter-laboratory collaborative study that is developed and validated based on procedures published by a nationally recognized, consensus-based standards organization (for example, ASTM International).

3. Further description and specifications for these studies are provided in Alternative and Modified Analytical Laboratory Methods, DEP-QA-001/01, incorporated by reference in subsection 62-160.800(5), F.A.C.

(7) Research methods shall be submitted for review and approval according to the requirements provided in Rule 62-160.600, F.A.C. If a method is initially developed for research purposes but will subsequently be used for compliance or other regulatory activities, the method shall be submitted for review and approval according to requirements provided in this rule.

(8) The approval or disapproval of any submitted alternative or modified laboratory method shall be noticed as follows:

(a) For limited-use methods, the Department shall issue an order of approval or disapproval of the alternative or modified laboratory method to the person who submitted the method. Any additional administrative or scientific information pertinent to the approval or disapproval of the method shall be included or incorporated by reference in the order. The order and the alternative or modified laboratory method shall also be posted on the Department’s website and provided to all persons enrolled to receive the Department’s Quality of Science electronic newsletter.

(b) For statewide-use methods, the Department shall issue an order of approval or disapproval of the alternative or modified laboratory method to the person who submitted the method. Any additional administrative or scientific information pertinent to the approval or disapproval of the method shall be included or incorporated by reference in the order. A notice of the order approving or disapproving the method shall be published in the Florida Administrative Register. For informational purposes only, the order and the alternative or modified laboratory method shall also be posted on the Department’s website and provided to all persons enrolled to receive the Department’s Quality of Science electronic newsletter.

(c) Any person substantially affected by the approval or disapproval of a limited-use method may request an administrative hearing as provided in Chapter 120, F.S. Any person substantially affected by the approval or disapproval of a statewide-use method may request an administrative hearing as provided in Chapter 120. F.S., within 21 days of publishing the notice in the Florida Administrative Register, or within 21 days of receipt of the written notice, whichever occurs first.

(9) For requests for the approval of proposed alternative or modified laboratory methods, applicants who are analyzing discharges regulated under the National Pollutant Discharge Elimination System (NPDES) permit program shall comply with applicable regulations in 40 CFR Part 136 sections 136.4, 136.5 and 136.6, which are incorporated by reference in subsections 62-160.800(7)-(9), F.A.C., respectively. If requested by the applicant, the Department shall assist the applicant in determining whether an application for approval is required for modifications to methods listed at 40 CFR, Part 136.3, according to sub-subparagraph 62-160.330(3)(d)2.a., F.A.C.

(10) For requests for the approval of proposed alternative or modified laboratory methods, applicants who are analyzing compliance samples under the Safe Drinking Water Act shall comply with the applicable provisions in 40 CFR Part 141, section 141.27, which is incorporated by reference in subsection 62-160.800(10), F.A.C., and Rule 62-550.550, F.A.C.

(11) Except for methods promulgated by the United States Environmental Protection Agency in the Federal Register, approval of a laboratory method shall be revoked by the Department if new technical, scientific or regulatory information justifies its revocation. The Department shall use the best scientific and technical information, methods and data in its possession in making the determination to revoke an approved laboratory method.

(a) For a laboratory method that was approved for limited use, the Department shall issue an order revoking approval of the laboratory method to the person who submitted the method. Any additional administrative or scientific information pertinent to the revocation of approval of the method shall be included or incorporated by reference in the order. The order shall be posted on the Department’s website and provided to all persons enrolled to receive the Department’s Quality of Science electronic newsletter. Any person substantially affected by the revocation of approval of the limited-use laboratory method may request an administrative hearing as provided in Chapter 120, F.S.

(b) For a laboratory method that was approved for statewide use, the Department shall issue an order of revoking approval of the laboratory method to the person who submitted the method. Any additional administrative or scientific information pertinent to the revocation of approval of the method shall be included or incorporated by reference in the order. A notice of the order revoking approval of the method shall be published in the Florida Administrative Register. For informational purposes only, the order shall also be posted on the Department’s website and provided to all persons enrolled to receive the Department’s Quality of Science electronic newsletter. Any person substantially affected by the revocation of approval of the statewide-use laboratory method may request an administrative hearing as provided in Chapter 120, F.S., within 21 days of publishing the notice in the Florida Administrative Register, or within 21 days of receipt of the written notice, whichever occurs first.

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 4-9-02, Amended 6-8-04, 12-3-08, 7-30-14, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.340 Record Keeping and Reporting Requirements for Laboratory Procedures

(1) Laboratory record keeping requirements shall follow those specified by the DOH ELCP in Rule 64E-1.005, F.A.C., incorporated by reference in subsection 62-160.800(15), F.A.C., and this chapter.

(a) The laboratory records shall contain sufficient information to allow independent reconstruction of all activities related to generating data that are submitted to the Department.

(b) In addition, the laboratory shall ensure that its records include all information necessary to support the analytical report (subsection 62-160.340(3), F.A.C.).

(c) Records shall be retained for a minimum of five years after the date of generation or completion of the records unless otherwise specified in a Department contract, order, permit or Title 62 rules.

(d) Electronic records shall be acceptable as documentation and shall be considered as equivalent in status and function to paper records or documents, unless otherwise specified in a Department contract, order, permit or Title 62 rules.

1. All documentation requirements in this chapter shall apply equally to paper and electronic records.

2. Electronic copies intended to replace original records shall contain the same information as the original records, regardless of whether the electronic copies are designated as master or duplicate records.

(2) When requested by the Department, the laboratory shall provide to the Department any of the following records or copies of the records needed to reconstruct analyses:

(a) Laboratory and project information including:

1. Signed and dated final report (laboratory analytical report) as specified in subsection (3) below;

2. Project information such as client name, site name, client project number, or client project name;

3. When applicable, the quality assurance project plan associated with the project;

4. Client or field identification number for each sample;

5. Date and time of sample collection;

6. Sample matrix (e.g., groundwater, effluent, waste, soil);

7. Sample type (e.g., environmental sample, field blank, matrix spike); and,

8. Identification of all laboratories providing analytical results in the report and the appropriate laboratory certification numbers from the DOH ELCP (if applicable) for each laboratory.

(b) Sample receipt, preparation and analysis information including:

1. Laboratory identification number for each sample fraction;

2. Sample receipt conditions such as proper and intact custody seals;

3. Positive verification of chemical and/or physical sample preservation during sample receipt and/or before sample analysis. The information shall include the preservation acceptance criteria, an indication of acceptability, and the value(s) if the criteria are not met;

4. Sample preparation information, if applicable, including method, date of sample preparation and time of sample preparation;

5. Sample analysis information including analytical method, date of sample analysis, and time of sample analysis; and,

6. Analysis records of original data. Original data is information generated at the time of or as the result of performing laboratory procedures or tests; e.g., “raw” data automatically reported or logged from analytical instrumentation, such as strip chart recordings or chromatograms; handwritten laboratory notes, laboratory notebooks or drawings; completed laboratory forms or bench sheets; and photographs.

(c) Sample result information including:

1. Analyte or organism name as applicable;

2. Test result with all applicable data qualifiers, as specified in Table 1: Data Qualifier Codes;

3. Test result units;

4. Other sample characteristics such as percent moisture or fraction (i.e., total or dissolved); and,

5. Textual comments, if applicable, that specify any deviations (such as failed quality control), additions to, or exclusions from, the analytical method, and any non-standard conditions (such as sample matrix or environmental conditions) that have affected the quality of results.

(d) Laboratory quality control information, such as:

1. Identification that unambiguously links groups of samples to a specified set of activities such as preparation, analysis, shipping, reporting, or quality control;

2. Laboratory blank results (results for any laboratory blank analysis as required by the DOH ELCP certification or the analytical method); and,

3. Information pertaining to replicate sample analysis including an unambiguous designation of the replicate sample (e.g., sample duplicate, sample matrix spike duplicate, or laboratory control spike duplicate); result of laboratory replicate analysis; replicate precision expressed in terms required by the reported method or as relative percent difference or percent relative standard deviation; and acceptance limits for controlling replicate precision (in-house control limits used by the data generator when control limits are not specified by the reported method or data quality objectives identified by the Department).

(e) Instrument Calibration/Verification including:

1. Number of standards;

2. Acceptability requirements for initial calibration, and initial and continuing calibration verifications; and,

3. Origin, and preparation (if applicable) for all standards used for calibration.

(f) For chemical testing:

1. When applicable, indication that a sample was filtered in the laboratory;

2. For each analyte, records to support:

a. When applicable, determination of method detection limit(s) and practical quantitation limit(s) including the method by which each are determined; the raw and processed data supporting the determination(s); and effective dates; and,

b. Dilution factor (if applicable).

3. Matrix or laboratory control spike information including concentration level (level of analyte added to a spiked sample), matrix or laboratory control spike recovery (results for matrix spike/duplicate sample analysis including those required by methods) and matrix or laboratory control spike recovery limits (in-house recovery limits used by the data generator when control limits are not specified by the reported method or data quality objectives identified by the Department); and,

4. When performed, surrogate spike information including concentration level (level of analyte added to the sample), surrogate spike recovery, and surrogate recovery limits (in-house recovery limits used by the data generator when control limits are not specified by the reported method or data quality objectives identified by the Department).

(g) For microbiological testing:

1. Results of all applicable reagent or dilution water quality or suitability test associated with samples;

2. Results of all media quality control tests; and,

3. Sample ID of sample used to verify positive results and results of such verifications.

(h) For toxicity (bioassay) testing:

1. Test type (acute or chronic);

2. Test organism(s) used;

3. Age(s) of test organism(s);

4. Test result(s);

5. Statistical method used to generate the result(s);

6. Control data (e.g., mortality/weight/reproduction) as appropriate to test type;

7. Test end points and confidence intervals;

8. Standard reference toxicant data associated with batch of test organisms; and,

9. Physical and chemical measures that are associated with the test (e.g., pH, temperature, dissolved oxygen).

(i) For benthic invertebrate taxonomic identification:

1. Sorting efficiency, as percent (%);

2. Number and identity of taxa in sample;

3. Percent agreement between or among identifications performed by two or more independent taxonomists associated with the period when results were generated;

4. Indication of which organisms were verified against standard reference collection; and,

5. Indication of whether the organism range includes Florida.

(j) For algal taxonomic identification:

1. Percent agreement between or among identifications performed by two or more independent taxonomists associated with the period when results were generated;

2. Number and identity of taxa in the sample;

3. Microscope magnification;

4. Dilution factor;

5. Surface area sampled (periphyton) or volume sampled (phytoplankton);

6. Number of fields counted; and,

7. Counting chamber dimensions.

(k) Field quality control results including trip blanks, field blanks, equipment blanks, and field replicates as required by individual DEP SOPs in Standard Operating Procedures for Field Activities, DEP-SOP-001/01, incorporated by reference in paragraph 62-160.800(1)(a), F.A.C., or the applicable contract, order, permit, or Title 62 rules;

(l) Any additional elements specified by the Department in contracts, orders, permits, Title 62 rules, or Department-approved planning documents such as quality assurance plans, sampling and analysis plans, and monitoring plans;

(m) All documentation for alternative and modified methods, as required in Rule 62-160.330, F.A.C.; and,

(n) Any additional records required in individual DEP SOPs in Standard Operating Procedures for Laboratory Activities, DEP-SOP-002/01, incorporated by reference in paragraph 62-160.800(1)(b), F.A.C., and, any additional records required in individual DEP SOPs in Standard Operating Procedures for Selected Bioassessment Activities, DEP-SOP-003/11, incorporated by reference in paragraph 62-160.800(1)(c), F.A.C., as applicable to the documentation of bioassessment activities.

(3) Except as noted in subsection (4) below, a laboratory shall generate an analytical report that meets the requirements of the DOH ELCP, as specified in Rule 64E-1.005, F.A.C., incorporated by reference in subsection 62-160.800(15), and the 2016 TNI Standard, incorporated by reference in paragraph 62-160.800(3)(b), F.A.C. The report shall contain all applicable reporting elements specified in and shall otherwise comply with requirements specified in Sections 5.10 through 5.10.11 of Module 2 of the 2016 TNI Standard, incorporated by reference in paragraph 62-160.800(3)(b), F.A.C., and shall use the applicable qualifiers as defined in Table 1: Data Qualifier Codes (Rule 62-160.700, F.A.C.). In addition to the stated requirements, laboratories shall ensure that the following requirements are met or reported:

(a) All results that are less than the laboratory’s practical quantitation limit shall be reported using the applicable data qualifiers.

(b) Except for tests in which a method detection limit is not required, non-detected analytes shall be indicated by the method detection limit value, followed by the code “U.”

(c) For tests that do not require a method detection limit study (e.g., biochemical oxygen demand, chlorophyll or microbiological tests), values below the reporting limit attributed to the test shall be reported as the reporting limit value followed by the code “U.”

(d) When the holding time for a preparation step is specified, the date and time of sample preparation shall be reported.

(e) Any additional information specified by the Department in contracts, orders, permits or Title 62 rules shall be reported.

(4) Laboratories that are operated by a facility and whose sole function is to provide data to the facility management for compliance purposes (i.e., in-house or captive laboratories) as described in section 5.10.10 of Module 2 of the 2016 TNI Standard, incorporated by reference in paragraph 62-160.800(3)(b), F.A.C., shall meet the requirements specified in that standard.

(5) If required by the Department in an applicable contract, order, permit or Title 62 rules, or requested by a Department program, laboratory data issued to a client(s) for Department-related work or directly to the Department shall be provided in the Department-specified paper format or in an electronic format meeting Department requirements for importing into Department databases or for other electronic submission requirements.

(6) Once issued, a laboratory report is considered final and shall not be amended. Amendments or corrections to a final laboratory report shall be made in accordance with the requirements of section 5.10.9 of Module 2 of the 2016 TNI Standard (Quality Systems General Requirements), which is incorporated by reference in paragraph 62-160.800(3)(b), F.A.C.

(7) When data are provided to the Department in a document that is a summary, a re-published format or in a reduced form (e.g., report, table, report form), the document shall not change the original data, or delete any data qualifiers reported by the originating laboratory unless specified by Department contract, order, permit, or Title 62 rules. Copies of the original laboratory report(s) shall be submitted with all such reports unless directed to do otherwise by the Department.

(8) When data qualifiers are added through a validation or review process that is independent of the laboratory reporting process, the reason for the addition, the date of the addition, and the person adding the qualifier(s) shall be included. These qualifiers shall be included in any documents that are summaries or re-published formats, as described in subsection (7) above.

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 4-9-02, Amended 6-8-04, 12-3-08, 7-30-14, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.400 Sample Preservation and Holding Times

(1) Except as noted in subsection (2) below, or as otherwise provided in the rules of a specific Department program, sample preservation methods, container types and holding times shall follow those requirements specified in part FS 1006 in General Sampling Procedures, DEP SOP FS 1000, incorporated by reference in subparagraph 62-160.800(1)(a)6., F.A.C.

(2) Sample preservation procedures, container material and maximum allowable holding times for analytes not specified in Standard Operating Procedures for Field Activities, DEP-SOP-001/01, incorporated by reference in paragraph 62-160.800(1)(a), F.A.C., shall follow the preservation, container and holding time requirements specified in the selected analytical method. If no method-specified requirements exist, the best available scientific knowledge shall be used as guidance for determining the appropriate procedures for use.

(3) Requests for approval of alternative or modified sample preservation methods, container types, or holding times shall be submitted to the Department and shall be reviewed and approved or disapproved by the Department according to requirements in Rules 62-160.220 and 62-160.330, F.A.C., for the affected field procedures and laboratory methods. Requests for approval of alternative or modified field procedures for sample preservation, container types, or holding times shall also meet the requirements of subsections 62-160.330(9) and (10), F.A.C., if applicable to the use of the specific sample test results.

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 1-1-91, Amended 2-4-93, Formerly 17-160.400, Amended 3-24-96, 10-15-96, 4-9-02, 6-8-04, 12-3-08, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.405 Electronic Signatures

Laboratory and field documents signed with an electronic signature are acceptable as written signatures when:

(1) The integrity of the electronic signature can be assured;

(2) The signature is unique to the individual;

(3) The organization using electronic signatures has written policies for the generation and use of electronic signatures; and

(4) The organization using electronic signatures has written procedures for ensuring the security, confidentiality, integrity and auditability of each signature.

PART IV

MISCELLANEOUS

History

• Rulemaking Authority 403.061, 403.0623, 668.006 FS. Law Implemented 668.006, 668.50 FS. History–New 12-3-08.

Fla. Admin. Code R. 62-160.600 Research Field and Laboratory Procedures

(1) Research field sampling and laboratory procedures involve one or more of the following:

(a) Evaluation, development or use of new, innovative technologies not yet approved by the Department;

(b) Evaluation, development or use of innovative field sampling or analytical laboratory methods not yet approved by the Department;

(c) Evaluation of new methodology or technology to be used in lieu of a Department-approved method described in subsection 62-160.320(1), F.A.C.; and,

(d) Other projects not included in the above areas but designated as research by the relevant Department project or contract manager.

(2) If a research field sampling or laboratory method is being developed for subsequent use in compliance or other regulatory activities, the method shall be reviewed and approved according to the requirements provided in Rules 62-160.220 and 62-160.330, F.A.C.

(3) All research field sampling and laboratory procedures shall be described in a Department-approved work or study plan or in direct contract language. The following minimum elements shall be addressed, as applicable:

(a) Project purpose and intended end use of the data, such as specific hypotheses and topics to be investigated;

(b) Brief historical overview or literature searches;

(c) Statement of anticipated results or effects of the research project;

(d) Description of work to be conducted, including the types of analyses to be performed to monitor the effectiveness of the research;

(e) The information and records to be included in the data report package and the reporting format for hard copy and electronic reports, such as all documentation to be delivered to the Department as work product as required by a grant or contract. Minimum requirements for record keeping shall follow those specified in Rules 62-160.240 and 62-160.340, F.A.C., as applicable;

(f) Identification of any specialized training or certification needed by personnel in order to successfully complete the project or task.

(g) All aspects of data generation and acquisition to ensure appropriate methods for sampling, sample preservation, sample storage conditions and maximum holding (storage) time limits, measurement and analysis, data collection or generation, data handling and data storage procedures, and quality assurance and quality control activities are employed and documented;

(h) The experimental data generation or data collection design for the project, such as:

1. Types and numbers of samples required;

2. Design of the sampling network;

3. Sample matrices, sampling locations, and sampling frequencies or schedules;

4. Field or laboratory sample testing or analyses frequencies or schedules;

5. Topics to be investigated by the research, such as analytes, organisms, and populations of interest;

6. Rationale for the experimental or research project design;

7. Procedures for collecting samples, such as sample handling, preservation and custody in the field and laboratory, sample transport, sampling equipment specifications, and equipment decontamination procedures;

8. Sample preparation (if applicable) and field or laboratory testing and analytical methods used;

9. Quality control activities needed for sampling and analysis, such as all quality control measurements, control (acceptance) criteria, and procedures for the assessment of the quality control results; and, quality control activities for the field and the laboratory, such as the use of blanks, duplicates, replicates, matrix spikes, laboratory control samples and surrogates;

10. Quality assurance activities that occur after the data collection or generation phase of the project, such as data verification validation, and field and laboratory audits;

11. Criteria to be used to objectively and consistently review, verify and validate project data, including the chain of custody for data throughout the life of the project or task;

12. Proposed methods to analyze the data to evaluate the experimental or research design and determine possible anomalies or departures from assumptions established in the planning phase of data collection that may affect attainment of the research objectives;

13. Statistical and/or other procedures and criteria that will be used to evaluate the experimental data produced by the research to test hypotheses and evaluate endpoints, conclusions or other topics for the research project objectives; and,

14. Any additional elements specifically required by the Department project manager.

(4) The Department shall conduct a technical review of the project work plan prior to the project’s initiation in order to assess its technical and scientific merit and appropriateness.

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 1-1-91, Amended 2-4-93, Formerly 17-160.600, Amended 3-24-96, 10-15-96, 4-9-02, 7-30-14, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.650 Field and Laboratory Audits

(1) The Department and agencies or individuals with delegated authority from the Department shall conduct audits of field and laboratory procedures or records to determine if approved protocols are being followed as required and to ensure data are being generated in compliance with the requirements of this chapter.

(2) An audit shall consist of one or more of the following:

(a) An on-site assessment of field sampling or laboratory procedures;

(b) A review, assessment, or validation of data associated with a Department program activity;

(c) The submission of performance samples (e.g., blind, split, or performance check samples) to an organization for subsequent use in the evaluation of that organization’s technical performance associated with a specific Department project or program activity; or

(d) Other relevant information as specified in a Department contract, order, permit or Title 62 rules.

(3) When requested by the Department, the audited field sampling organization, individual consultant, or responding party shall provide copies of all applicable records as specified in Rule 62-160.240, F.A.C. Information to enable the auditor to independently reconstruct all field procedures related to the project shall be provided. Failure to provide requested records within six months after receipt of the Department’s request shall result in a recommendation that affected Department programs not use data produced by the audited party.

(4) When requested by the Department, the audited laboratory, individual consultant, or responding party shall provide copies of those applicable records as specified in Rule 62-160.340, F.A.C. Information to enable the auditor to independently reconstruct all laboratory procedures related to the project shall be provided. Failure to provide requested records within six months after receipt of the Department’s request shall result in a recommendation that affected Department programs not use data produced by the audited party.

(5) Within ninety (90) days of the audit, the Department shall provide a preliminary audit report to the audited field sampling or laboratory organization, individual, consultant or responding party (“audited party”). The audited party shall have forty-five (45) days thereafter to respond with a detailed plan of corrective actions and an implementation schedule for the deficiencies that were noted in the preliminary audit report; justification for noted deficiencies that will not be addressed or corrected; and any corrections or rebuttals to the audit findings. If different than the above, the Department shall specify in rules, contracts, orders or permits any alternative schedules and procedures for the distribution of preliminary audit reports to designated recipients and for any required corrective action plans or other responses from designated respondents.

(6) Failure to respond with a plan of corrective action or to additional requests by the Department for a plan of corrective action shall result in a recommendation to the affected program that the data not be used.

(7) Once a response has been received, the Department shall evaluate the response for technical applicability and completeness. The Department will issue a final response to the audited party and any affected organization or individual that specifies acceptance or rejection of the audited party’s plan of corrective actions, provides recommendations concerning the usability of the audited data, and includes a statement of any substantially affected person’s rights under Chapter 120, F.S. If different than the above, the Department shall specify in rules, contracts, orders or permits any alternative schedules and procedures for the distribution of the Department’s final response to designated recipients, to include acceptance or rejection of the audited party’s plan of corrective actions, recommendations concerning the usability of the audited data and any other relevant information. Any substantially affected organization or person (e.g., field sampling or laboratory organization, individual, consultant, responding party, permittee, or facility owner/operator) may request an administrative hearing as provided in Chapter 120, F.S., within 21 days of receipt of the final response.

(8) The requirements in subsections 62-160.650(4) through 62-160.650(7), F.A.C., shall not apply to field proficiency audits of organizations or persons conducting field bioassessment procedures according to Biological Reconnaissance Field Method, DEP SOP BRN 1000, Lake Vegetation Index Methods, DEP SOP LVI 1000, Stream Condition Index Methods, DEP SOP SCI 1000, subpart FS 7460 in General Biological Community Sampling, DEP SOP FS 7000, or Aquatic Habitat Characterization, DEP SOP FT 3000, incorporated by reference in subparagraphs 62-160.800(1)(c)1.-3., 62-160.800(1)(a)16., and 62-160.800(1)(a)31., F.A.C., respectively. However, subsections 62-160.650(4) through 62-160.650(7), F.A.C., shall apply to audits of laboratory macroinvertebrate taxonomy procedures and documentation.

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 1-1-91, Formerly 17-160.650, Amended 3-24-96, 4-9-02, 12-3-08, 7-30-14, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.670 Data Validation by the Department

(1) All data generated for Department activities are subject to data verification and data validation to determine if the data are suitable and usable for a specified purpose. Data shall be verified and validated based on the assessment of the following:

(a) Completeness of the Department requested data package(s) and the response of involved parties to any Department requests for additional data;

(b) Integrity of samples as determined by complete and proper sample transmittal documentation, and records that demonstrate adherence to proper preservation, transport or other sample handling protocols, as applicable;

(c) Proper use of sample collection methods;

(d) Proper selection and use of analysis methods;

(e) Sufficient use and routine evaluation of quality control measures to establish the precision, accuracy, sensitivity, selectivity, and potential bias associated with the analytical system and associated results;

(f) Proper instrument calibration and verification procedures;

(g) Documentation of all generated data as provided in Rules 62-160.240 and 62-160.340, F.A.C.;

(h) Ability to reconstruct all field sampling and laboratory procedures through the documentation and records of the laboratory or field sampling organization as provided in Rules 62-160.240 and 62-160.340, F.A.C.;

(i) Ability to trace data in the final report to a specific sampling site, date and time;

(j) Status of the laboratory’s certification through the DOH ELCP as provided in Chapter 64E-1, F.A.C., incorporated by reference in subsection 62-160.800(15), F.A.C., for any given analyte or category of analytes; and,

(k) Appropriateness of the collected data as related to the specific data quality objectives of the Department program activity or project for which they were collected including those data being considered for secondary use.

(2) The Department will evaluate data according to the criteria in paragraphs (a) through (k) above, and determine if the data are usable.

(3) In addition to subsection (2) above, the Department shall also evaluate data according to the following:

(a) The process outlined in the Department’s document “Department of Environmental Protection Process for Assessing Data Usability (DEP-EA-001/07),” incorporated by reference in subsection 62-160.800(13), F.A.C.

(b) The description of data quality objectives and criteria for data usability assessments for the Stream Condition Index (SCI) or a BioRecon determination, as discussed in Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer, DEP-SAS-001/11, incorporated by reference in paragraph 62-160.800(2)(e), F.A.C., and for the Lake Vegetation Index (LVI), as discussed in Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer, DEP-SAS-002/11, incorporated by reference in paragraph 62-160.800(2)(f), F.A.C.

(4) If the audited data were originally generated for a specific purpose but are being considered for a secondary use for another purpose (secondary use), and the Department determines from the evaluation process, as described in subsections 62-160.670(2) and 62-160.670(3), F.A.C. above, that the data do not meet the data quality objectives for the secondary use, the Department will recommend that the data not be used by the program that is considering the secondary use. The recommendation not to use secondary data does not impact the usability or validity of the data for the program for which the data were originally intended.

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 1-1-91, Amended 2-4-93, 2-27-94, Formerly 17-160.670, Amended 3-24-96, 4-9-02, 12-3-08, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.700 Tables

The following table has been referenced in this chapter and is identified by this Title:

Table 1: Data Qualifier Codes.

Table 1

DATA QUALIFIER CODES

The following codes shall be used by laboratories or field organizations when reporting sample data values that either meet the specified descriptions outlined below or do not meet the applicable quality control criteria specified for the laboratory or field result. Data qualifier codes listed in summary reports or other presentations comprising information that has been reformatted from original reports generated by field or laboratory organizations or individuals shall meet the requirements of subsections 62-160.240(5) and 62-160.340(7), F.A.C. Data qualifier codes added to sample results during data review procedures conducted by organizations or individuals other than the generators of original reports shall meet the requirements of subsections 62-160.240(6) and 62-160.340(8), F.A.C. The Lab/Field designation in the “Applied By” column indicates whether the data qualifier code is applied by laboratory or field personnel.

CODE

APPLIED BY

DEFINITION

A

Lab

Value reported is the arithmetic mean (average) of two or more determinations. This code shall be used if the reported value is the average of results for two or more discrete and separate samples. These samples shall have been processed and analyzed independently. Do not use this code if the data are the result of replicate analysis on the same sample aliquot, extract or digestate (for example, for Stream Condition Index, biochemical oxygen demand or bacteriological analyses, or instrumental analyses such as Inductively Coupled Plasma).

B

Lab

Results based upon colony counts outside the acceptable range. This code applies to microbiological tests and specifically to membrane filter colony counts. The code is to be used if the colony count is generated from a plate in which the total number of coliform colonies is outside the method indicated ideal range. This code is not to be used if a 100 mL sample has been filtered and the colony count is less than the lower value of the ideal range.

C

Field

Data were corrected for estimated effects of instrument drift or fouling. This code applies to continuously collected field testing data collected per part FT 1920 of Continuous Monitoring Meters, DEP SOP FT 1900, incorporated by reference in subparagraph 62-160.800(1)(a)28., F.A.C.

D

Field

Measurement was made in the field (i.e., in situ). This code applies to any value (except field measurements of pH, specific conductance, dissolved oxygen, temperature, total residual chlorine, transparency, turbidity, salinity, or Secchi depth) that was obtained under field conditions using approved analytical methods.

E

Field

Indicates that extra samples were taken at composite stations.

F

Lab

When reporting species: F indicates the female sex.

G

Field

A “G” ‒ qualified sample value indicates that the analyte was detected at or above the method detection limit in both the sample and the associated field blank, equipment blank, or trip blank, and the blank value was greater than 10% of the associated sample value. The value in the blank shall not be subtracted from the associated samples.

H

Field

Value based on field kit determination or unapproved field testing procedure used in place of a laboratory procedure; results may not be accurate. This code shall be used if a field screening test (e.g., field gas chromatograph data, immunoassay, or vendor-supplied field kit) or probe was used to generate the value and the field kit, probe, or method has not been recognized by the Department as equivalent to laboratory methods.

I

Lab

The reported value is greater than or equal to the laboratory method detection limit but less than the laboratory practical quantitation limit.

J

Lab or Field

Estimated value. A “J” – qualified sample value shall be accompanied by a detailed explanation to justify the reason(s) for designating the value as estimated. Where possible, the organization shall report whether the actual sample value is estimated to be less than or greater than the reported value, to assist data users in any evaluation of the usability of the sample value. A “J” data qualifier code shall not be used as a substitute for G, K, L, M, S, T, V, or Y; however, if additional reasons exist for identifying the value as an estimate (e.g., laboratory control spike or matrix spiked failed to meet acceptance criteria), the “J” code may be added to a G, K, L, M, T, U, V, or Y qualifier. The following are examples of when a “J” code must be reported: instances where a quality control item associated with the reported value failed to meet the established quality control criteria (the specific failure must be identified); instances when the sample matrix interfered with the ability to make any accurate determination; instances when data are questionable because of improper laboratory or field protocols (e.g., sample bottle compromised in transit or container made of unapproved material, a guard is not properly attached to a field meter during continuous deployment); instances when the analyte was detected at or above the method detection limit in an analytical laboratory blank other than the method blank (such as a calibration blank) and, the blank value is greater than 10% of the associated sample value; instances when the field or laboratory calibrations or calibration verifications did not meet calibration acceptance criteria, including quantitative or chronological bracketing requirements for field testing data or instances of suspected sensor drift or fouling during continuous field meter deployment.

K

Lab

Off-scale low. Actual value is known to be less than the value given. This code shall not be used for microbiological tests or for biochemical oxygen demand. This code shall not be used for field-testing measurements where quantitative bracketing is required. This code shall only be used for those tests using a calibration curve if:

1. The value is less than the lowest calibration standard and the calibration curve is known to be non-linear; or

2. The value is known to be less than the reported value based on sample size, dilution.

This code shall not be used to report values that are less than the laboratory practical quantitation limit or laboratory method detection limit.

L

Lab

Off-scale high. Actual value is known to be greater than value given. This code shall not be used for microbiological tests or biochemical oxygen demand. This code shall not be used for field-testing measurements where quantitative bracketing is required. To be used when the concentration of the analyte is above the acceptable level for quantitation (exceeds the linear range or highest calibration standard).

M

Lab

When reporting chemical analyses: presence of material is verified but not quantified; the actual value is less than the value given. The reported value shall be the laboratory practical quantitation limit. This code shall be used if the level is too low to permit accurate quantification, but the estimated concentration is greater than or equal to the method detection limit.

N

Lab

Presumptive evidence of presence of material. This qualifier shall be used if:

1. The component has been tentatively identified based on mass spectral library search; or

2. There is an indication that the analyte is present, but quality control requirements for confirmation were not met (i.e., presence of analyte was not confirmed by alternative procedures).

O

Lab

Sampled, but analysis lost or not performed.

Q

Lab

Sample held beyond the accepted holding time. This code shall be used if the value is derived from a sample that was prepared or analyzed after the maximum holding time for sample preparation or analysis. This code shall be reported with sample results calculated from two or more component analyses if one or more component sample preparations or analyses were performed out of holding time.

R

Field

Significant rain in the past 48 hours. (Significant rain typically involves rain in excess of 1/2 inch within the past 48 hours.) This code shall be used when the rainfall might contribute to a lower or higher than normal value.

S

Field

Secchi disk visible to bottom of waterbody. The value reported is the depth of the waterbody at the location of the Secchi disk measurement.

T

Lab

Value reported is less than the laboratory method detection limit. The value is reported for informational purposes only and shall not be used in statistical analysis. Use of the “T” qualifier is only acceptable under rare circumstances and only if requested by the client; it should not be used for routine reporting of results.

U

Lab

Indicates that the compound was analyzed for but not detected. This symbol shall be used to indicate that the specified component was not detected. The value associated with the qualifier shall be the laboratory method detection limit. This code shall also be used to indicate the laboratory reporting limit, where applicable to the specific test, according to paragraph 62-160.340(3)(c), F.A.C. (e.g., biochemical oxygen demand, chlorophyll or microbiological tests). Unless requested by the client, values less than the method detection limit shall not be reported (see “T” above).

V

Lab

A “V” ‒ qualified sample value indicates that the analyte was detected at or above the method detection limit in both the sample and the associated method blank and the blank value was greater than 10% of the associated sample value. The 10% criterion shall not apply to blank results for biochemical oxygen demand (BOD) or microbiological tests. For BOD tests, the “V” code shall be used for all sample results where the associated method blank result exceeds the maximum blank DO depletion specified in the analytical method. For microbiological tests, the “V” code shall be used for all samples where growth of the target organism is indicated in both the sample and the associated method blank. Note: unless specified by the method, the value in the blank shall not be subtracted from associated samples.

X

Lab

Indicates, when reporting results from a Stream Condition Index analysis in accordance with DEP SOP SCI 1000, incorporated by reference in subparagraph 62-160.800(1)(c)3., F.A.C., that insufficient individuals were present in the sample to achieve a minimum of 280 organisms for identification (the method calls for two aliquots of 140-160 organisms), suggesting either extreme environmental stress or a sampling error.

Y

Lab

The laboratory analysis was from an improperly preserved sample. The data may not be accurate.

Z

Lab

Too many colonies were present for accurate reporting. Report this qualifier code and the dilution factor when:

1. The total number of colonies of all types is more than 200 in all dilutions of the sample tested using a membrane filtration method. When applicable to the observed test results, a numeric value for the colony count for the target microorganism tested may be estimated by a laboratory from the highest dilution factor (smallest sample volume) and the upper limit of the ideal colony count range indicated in the method used for the test, and reported with the qualifier code. Atypical, non-target, spreading colonies or other interferences may prevent estimation of typical target organism counts, and reporting a numerical result may not be possible. Report “No Result” along with the qualifier code when this condition is observed, or when more than 200 non-target colonies are observed. Additional comments such as “confluent growth” may be reported with the “Z” code. When required by Chapter 62-550, F.A.C., the samples with verified, positive colonies must be reported as detections.

2. Enzymatic substrate methods show a positive result for all wells of the tray in all dilutions of the sample tested. Result must be reported as the upper limit of the tray multiplied by the highest dilution tested with the “Z” qualifier code.

?

Lab or Field

Data are rejected and should not be used. For a lab test, some or all of the quality control data for the analyte were outside criteria, and the presence or absence of the analyte cannot be determined from the data. For continuous monitoring with field meters, this qualifier may be used when the probe multifunctioned, was out of the water, or when the probe was otherwise not operating properly. A “?” – qualified sample value shall be accompanied by a detailed explanation to justify the reason(s) for designating the value as rejected.

!

Lab or Field

Data deviate from historically established concentration ranges.

Lab

Not reported due to interference.

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 1-1-91, Amended 2-4-93, 2-27-94, Formerly 17-160.700, Amended 3-24-96, 4-9-02, 6-8-04, 12-3-08, 7-30-14, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.800 Documents Incorporated by Reference

The following documents, collections and forms are incorporated herein by reference for use in complying with the requirements of this chapter. Except as otherwise indicated below, copies of incorporated documents and forms are available for review during normal business hours at the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or may be obtained from the Department’s website at https://floridadep.gov/dear/quality-assurance, or by writing to the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, Florida 32399-2400.

(1) Department of Environmental Protection Standard Operating Procedures (DEP SOPs) are organized into the three numbered collections designated below. The DEP SOPs contained in each collection are listed following the title and number of the indicated collection. References in this chapter to the alphanumeric designation for each individual DEP SOP as listed below include reference to all parts, subparts and sections of the cited DEP SOP, unless otherwise cited in a specific rule.

(a) Standard Operating Procedures for Field Activities, DEP-SOP-001/01, effective date May 2026:

1. FA 1000, Regulatory Scope and Administrative Procedures for Use of DEP SOPs, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19286);

2. FC 1000, Cleaning/Decontamination Procedures, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19287);

3. FD 1000, Documentation Procedures, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19288);

4. FM 1000, Field Planning and Mobilization, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19289);

5. FQ 1000, Field Quality Control Requirements, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19290);

6. FS 1000, General Sampling Procedures, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19291);

7. FS 2000, General Aqueous Sampling, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19292);

8. FS 2100, Surface Water Sampling, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19293);

9. FS 2200, Groundwater Sampling, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19294);

10. FS 2300, Drinking Water Sampling, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19295);

11. FS 2400, Wastewater Sampling, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19296);

12. FS 3000, Soil Sampling, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19297);

13. FS 4000, Sediment Sampling, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19298);

14. FS 5000, Waste Sampling, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19299);

15. FS 6000, General Biological Tissue Sampling, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19300);

16. FS 7000, General Biological Community Sampling, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19301);

17. FS 8100, Contaminated Surface Sampling, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19302);

18. FS 8200, Clean Sampling for Ultratrace Metals in Surface Waters, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19303);

19. FT 1000, General Field Testing and Measurement, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19304);

20. FT 1100, Field Measurement of Hydrogen Ion Activity (pH), effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19305);

21. FT 1200, Field Measurement of Specific Conductance and Conductivity, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19306);

22. FT 1300, Field Measurement of Salinity, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19307);

23. FT 1400, Field Measurement of Temperature, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19308);

24. FT 1500, Field Measurement of Dissolved Oxygen, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19309);

25. FT 1600, Field Measurement of Turbidity and Total Suspended Solids (TSS), effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19310);

26. FT 1700, Field Measurement of Light Penetration (Secchi Depth and Transparency), effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19311);

27. FT 1800, Field Measurement of Stage, Surface Water Velocity, and Discharge (Flow) and Computations of Streamflow, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19312);

28. FT 1900, Continuous Monitoring Meters, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19313)

29. FT 2000, Field Measurement of Residual Chlorine, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19314);

30. FT 2100, Field Measurement of Nitrate Using Ultraviolet Optical Sensors, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19315); and,

31. FT 3000, Aquatic Habitat Characterization, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19316).

(b) Standard Operating Procedures for Laboratory Activities, DEP-SOP-002/01, effective date May 2026:

1. LD 1000, Laboratory Documentation, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19317);

2. LQ 1000, Laboratory Quality Control, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19318); and,

3. LT 7000, Determination of Biological Indices, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19319).

(c) Standard Operating Procedures for Selected Bioassessment Activities, DEP-SOP-003/11, effective date May 2026:

1. BRN 1000, Biological Reconnaissance Field Method, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19320);

2. LVI 1000, Lake Vegetation Index Methods, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19321); and,

3. SCI 1000, Stream Condition Index Methods, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19322).

(2) The following documents and DEP forms are cited in certain DEP SOPs included in the numbered collections DEP-SOP-001/01, DEP-SOP-002/01 or DEP-SOP-003/11 (citation locations in parentheses).

(a) Methods and other documents published by the United States Environmental Protection Agency (EPA), as listed below.

1. EPA Method 5035A, Revision 1, July 2002, in SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (DEP-SOP-001/01) (http://www.flrules.org/Gateway/reference.asp?No=Ref-07984);

2. EPA Method 1623.1, Cryptosporidium and Giardia in Water by Filtration/IMS/FA, EPA 816-R-12-001, January 2012 (DEP-SOP-001/01) (http://www.flrules.org/Gateway/reference.asp?No=Ref-07985); and,

3. U.S. EPA ICR Microbial Laboratory Manual, EPA/600/R-95/178, April 1996, Section VII, Part 9, Sampling (DEP-SOP-001/01) (http://www.flrules.org/Gateway/reference.asp?No=Ref-04338).

(b) Code of Federal Regulations (CFR):

1. Table II, Required Containers, Preservation Techniques, and Holding Times, 40 CFR 136.3(e), revised as of July 1, 2024, effective date May 2026, including all footnotes (DEP-SOP-001/01) (https://flrules.org/Gateway/reference.asp?No=Ref-19323); and,

2. 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response, revised as of July 1, 2024, effective date May 2026 (DEP-SOP-001/01) (https://flrules.org/Gateway/reference.asp?No=Ref-19324).

(c) Methods and sections included in Standard Methods for the Examination of Water and Wastewater, published by American Public Health Association (APHA), as listed below. These documents are copyright protected. Copies of these documents are available for review during normal business hours at the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, or from the publisher at APHA, 800 I Street NW, Washington, DC 20001-3710, or from the publisher at https://www.standardmethods.org/.

1. Section 1060, Collection and Preservation of Samples, subsection 1060 A.2., Safety Considerations 2011 (DEP-SOP-001/01);

2. Section 9060, Samples, subsection 9060 A.3.a., Potable Water, 2013 (DEP-SOP-001/01), effective date May 2026;

3. Method 2130 B, Turbidity, section 3., Reagents, 2011 (DEP-SOP-001/01);

4. Method 2510, Conductivity, 2011 (DEP-SOP-001/01);

5. Method 2520, Salinity, 2011 (DEP-SOP-001/01);

6. Methods 4500-Cl B, C, D, E, F, and G, 2011 (DEP-SOP-001/01);

7. Methods 4500-O B, C, H, and G, Oxygen (Dissolved), 2016 (DEP-SOP-001/01), effective date May 2026;

8. Table 4500-H+:2, Preparation of pH Standard Solutions, in method 4500-H+-B, (2021) (DEP-SOP-001/01), effective date May 2026; and,

9. Method 4500-NO3-B, Nitrogen (Nitrate) Ultraviolet Spectrophotometric Screening Method, 2016 (DEP-SOP-001/01), effective date May 2026.

(d) ASTM E1391-03 (2008), Standard Guide for Collection, Storage, Characterization, and Manipulation of Sediments for Toxicological Testing and for Selection of Samplers Used to Collect Benthic Invertebrates, 2003, ASTM International (DEP-SOP-001/01), effective date May 2026. This document is copyright protected. A copy of this document is available for review during normal business hours at the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, or from the publisher at ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, or from the publisher’s website at http://www.astm.org/Standard/index.html.

(e) Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer, DEP-SAS-001/11, effective date May 2026 (DEP-SOP-003/11) (https://flrules.org/Gateway/reference.asp?No=Ref-19325).

(f) Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer, DEP-SAS-002/11, effective date May 2026 (DEP-SOP-003/11) (https://flrules.org/Gateway/reference.asp?No=Ref-19326).

(g) United States Geological Survey, Temperature: U.S. Geological Survey Techniques and Methods, book 9, chap. A6.1, 14 p., 2024, effective date May 2026 (DEP-SOP-001/01) (https://flrules.org/Gateway/reference.asp?No=Ref-19327).

(h) DEP Forms cited:

1. Form FD 9000-5, Stream/River Habitat Assessment Field Sheet, effective date May 2026 (DEP-SOP-001/01, DEP-SOP-003/11) (https://flrules.org/Gateway/reference.asp?No=Ref-19328);

2. Form FD 9000-6, Lake Habitat Assessment Field Sheet, effective date May 2026 (DEP-SOP-001/01) (https://flrules.org/Gateway/reference.asp?No=Ref-19329);

3. Form FD 9000-34, Stream Habitat Assessment Training and Evaluation Checklist and Event Log, effective date May 2026 (DEP-SOP-001/01) (https://flrules.org/Gateway/reference.asp?No=Ref-19330); and,

4. Form FD 9000-35, Stream Condition Index and BioRecon Training Checklist and Event Log, effective date May 2026 (DEP-SOP-003/11) (https://flrules.org/Gateway/reference.asp?No=Ref-19331).

(i) United States Geological Survey (USGS) references included in DEP SOP FT 1800, Field Measurement of Stage, Surface Water Velocity, and Discharge (Flow) and Computations of Streamflow, incorporated by reference in subparagraph 62-160.800(1)(a)27., F.A.C., effective date May 2026, (DEP-SOP-001/01). Copies of these documents may be obtained from the United States Geological Survey, 12201 Sunrise Valley Drive, Reston, VA 20192, or through USGS’s website at https://pubs.usgs.gov/.

1. United States Geological Survey, Techniques of Water-Resources Investigations, Book 3, https://pubs.usgs.gov/twri/index090905.html:

a. Chapter A2, Dalrymple, Tate, and Benson, M.A., 1968, Measurement of peak discharge by the slope-area method, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19354);

b. Chapter A3, Bodhaine, G.L, 1968, Measurement of peak discharge at culverts by indirect methods, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19355);

c. Chapter A4, Muttahai, H.F. 1967, Measurement of peak discharge at width contractions by indirect methods, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19356);

d. Chapter A5, Hulsing, Harry, 1967, Measurement of peak discharge at dams by indirect method, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19357);

e. Chapter A6, Carter, R.W., and Davidian, Jacob, 1968, General procedure for gaging streams, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19358);

f. Chapter A10, Kennedy, E.J., 1984, Discharge ratings at gaging stations, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19359);

g. Chapter A11, Smoot, G.F., and Novack, C.E., 1969, Measurement of discharge by the moving-boat method, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19360);

h. Chapter A13, Kennedy, E.J., 1983, Computation of continuous records of streamflow, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19361);

i. Chapter A14, Kilpatrick, F.A. and Schneider, V.R., 1983, Use of flumes in measuring discharge, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19362); and,

j. Chapter A21, Wagner, C. Russell, 1995, Stream-gaging cableways, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19363).

2. United States Geological Survey, Techniques and Methods, Book 3, https://pubs.usgs.gov/browse/Report/USGS%20Numbered%20Series/Techniques%20and%20Methods/:

a. Chapter A7, Sauer, V.B., and Turnipseed, D.P., 2010, Stage measurement at gaging stations, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19364);

b. Chapter A8, Turnipseed, D.P., and Sauer, V.B., 2010, Discharge measurements at gaging stations, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19365);

c. Chapter A22, Mueller, D.S., Wagner, C.R., Rimmel, M.S., Oberg, K.A., and Rainville, Francois, 2013, Measuring discharge with acoustic Doppler current profilers from a moving boat, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19366); and,

d. Chapter A23, Levesque, V.A., and Oberg, K.A., 2012, Computing discharge using the index velocity method, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19367).

(3) NELAC and TNI Standards, as listed below. These documents are copyright protected. Copies of these documents are available for review during normal business hours at the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, or from the publisher at The NELAC Institute, P.O. Box 2439, Weatherford, TX 76086, or the publisher’s website at http://www.nelac-institute.org/index.php.

(a) Glossary, Appendix A to Chapter 1, Program Policy and Structure, 2003 NELAC Standards, Approved June 5th, 2003, EPA/600/R-04/003 (http://www.flrules.org/Gateway/reference.asp?No=Ref-04357); and,

(b) The NELAC Institute (TNI), EL-V1-ISO-2016-Rev. 2.1, Environmental Laboratory Sector, Vol. 1, Modules 1-7, Management and Technical Requirements for Laboratories Performing Environmental Analysis (2016), effective date May 2026. Referred to as “2016 TNI Standard” in this chapter and incorporated documents.

(4) Quality Assurance Project Plan Standard, EPA CIO 2105-S-02.1, Form Rev. 08/21/2023, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19333).

(5) Alternative and Modified Analytical Laboratory Methods, DEP-QA-001/01, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19334) and the following documents cited therein:

(a) Definition and Procedure for the Determination of the Method Detection Limit – Revision 2, 40 CFR Part 136, Appendix B, revised as of July 1, 2024, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19335);

(b) IUPAC – Nomenclature in Evaluation of Analytical Methods including Detection and Quantification Capabilities, Pure & Appl. Chem., Vol. 67, No. 10, pp. 1699-1723, ©1995 (http://www.flrules.org/Gateway/reference.asp?No=Ref-04361); available for download at http://www.iupac.org/publications/pac/index/ or available for review during normal business hours at the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and,

(c) Hubaux, A., G. Vos, Decision and Detection Limits for Linear Calibration Curves, Analytical Chemistry, Vol. 42. No. 8, pp. 849-855, July 1970; available for download at http://pubs.acs.org/journal/ancham or available for review during normal business hours at the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(6) 40 CFR 136.3, Identification of test procedures, revised as of July 1, 2024, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19336).

(7) 40 CFR 136.4, Application for and approval of alternate test procedures for nationwide use, revised as of July 1, 2024, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19337).

(8) 40 CFR 136.5, Approval of alternate test procedures for limited use, revised as of July 1, 2024, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19340).

(9) 40 CFR 136.6, Method modifications and analytical requirements, revised as of July 1, 2024 (https://flrules.org/Gateway/reference.asp?No=Ref-19338), effective date May 2026.

(10) 40 CFR 141.27, Alternate analytical techniques, revised as of July 1, 2024, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19339).

(11) Chapter Two, Choosing the Correct Procedure, Section 2.1, Guidance Regarding Flexibility Inherent to SW-846 Methods and the Precedence of SW-846 Quality Control Criteria (July 2014), in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846), effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19341). This publication may be viewed at https://www.epa.gov/hw-sw846/sw-846-compendium, where it may also be downloaded. A printed copy may be obtained from the National Technical Information Service, U.S. Department of Commerce, 5301 Shawnee Road, Alexandria, VA. 22312.

(12) Guidelines for Collaborative Study Procedures to Validate Characteristics of a Method of Analysis, Appendix D, Official Methods of Analysis of AOAC INTERNATIONAL, 19th edition (2012). A copy of this document is available for review during normal business hours at the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the publisher at AOAC INTERNATIONAL, 481 N. Frederick Ave., Suite 500, Gaithersburg, MD 20877, or from the publisher’s website at http://www.aoac.org.

(13) Process for Assessing Data Usability (DEP-EA-001/07), effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19342).

(14) Applicability of Chlorophyll a Methods (DEP-SAS-002/10), effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19343), and the following documents cited therein:

(a) Standard Methods for the Examination of Water and Wastewater, Method 10150, Determination of Chlorophyll A, Sections B, C, and D, 2022, published by APHA, effective date May 2026. This document is copyright protected. A copy of this document is available for review during normal business hours at the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, or from the publisher at APHA, 800 I Street NW, Washington, DC 20001-3710, or from the publisher at https://www.standardmethods.org/buy/.

(b) EPA 445.0, In Vitro Determination of Chlorophyll a and pheophytin a in Marine and Freshwater Algae by Fluorescence, Rev. 1.2, September 1997, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19344).

(c) EPA 446.0, In Vitro Determination of Chlorophylls a, b, c1 + c2 and Pheopigments in Marine and Freshwater Algae by Visible Spectrophotometry, Rev. 1.2, September 1997, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19345).

(d) EPA 447.0, Determination of Chlorophylls a and b and Identification of Other Pigments of Interest in Marine and Freshwater Algae Using High Performance Liquid Chromatography with Visible Wavelength Detection, Version 1.0, September 1997, effective date May 2026 (https://flrules.org/Gateway/reference.asp?No=Ref-19346).

(e) Standard Methods for the Examination of Water and Wastewater, Method 10200 H., Determination of Chlorophyll A, Sections 2, 3, and 4, 2011, published by APHA, effective date May 2026. This document is copyright protected. A copy of this document is available for review during normal business hours at the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or at the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, or from the publisher at APHA, 800 I Street NW, Washington, DC 20001-3710, or from the publisher at https://www.standardmethods.org/buy/.

(15) Chapter 64E-1, F.A.C., “Certification of Environmental Testing Laboratories,” effective September 26, 2018, (https://flrules.org/Gateway/reference.asp?No=Ref-19347).

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 4-9-02, Amended 6-8-04, 12-3-08, 7-30-14, 4-16-18, 5-20-26.

Fla. Admin. Code R. 62-160.900 Forms

History

• Rulemaking Authority 403.061, 403.0623 FS. Law Implemented 373.026, 373.309, 373.409, 373.413, 373.414, 373.416, 373.4592, 376.303, 376.305, 376.3071, 403.0623, 403.0625, 403.087, 403.088, 403.0881, 403.504, 403.704, 403.707, 403.722, 403.853 FS. History–New 1-1-91, Amended 2-4-93, Formerly 17-160.900, Amended 3-24-96, 10-15-96, 4-9-02, Repealed 2-23-12.

Chapter 62-204 AIR POLLUTION CONTROL - GENERAL PROVISIONS

Fla. Admin. Code R. 62-204.100 Purpose and Scope

History

• Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.8055 FS. History–New 11-30-94, Amended 3-13-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-204.200 Definitions

History

• Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.8055 FS. History–New 11-30-94, Amended 3-13-96, 2-12-06, 10-6-08, Repealed 2-16-12.

Fla. Admin. Code R. 62-204.220 Ambient Air Quality Protection

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-204.240 Ambient Air Quality Standards

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-204.260 Prevention of Significant Deterioration Maximum Allowable Increases (PSD Increments)

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 3-13-96, Amended 2-12-06, Repealed 2-16-12.

Fla. Admin. Code R. 62-204.320 Procedures for Designation and Redesignation of Areas

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-204.340 Designation of Attainment, Nonattainment, Unclassifiable, and Maintenance Areas

All area designations in Florida under the Clean Air Act are specified in 40 C.F.R. §81.310, as adopted and incorporated in reference in Rule 62-204.800, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96, Amended 10-23-16, 4-2-20.

Fla. Admin. Code R. 62-204.360 Designation of Prevention of Significant Deterioration Areas

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 3-13-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-204.400 Public Notice and Hearing Requirements for State Implementation Plan Revisions

History

• Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.8055 FS. History–New 11-30-94, Amended 10-6-08, Repealed 2-16-12.

Fla. Admin. Code R. 62-204.500 Conformity

(1) General Conformity. The provisions of this rule apply to state review of all federal general conformity determinations submitted to the state pursuant to 40 C.F.R. Part 93, Subpart B, adopted and incorporated by reference at Rule 62-204.800, F.A.C. Pursuant to 40 C.F.R. Part 93, Subpart B, federal agencies are required to make conformity determinations to ensure that certain federal actions are consistent with the State Implementation Plan.

(a) Definitions. The definitions used in reviewing federal general conformity determinations shall be the definitions in 40 C.F.R. Part 93, §93.152, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) Criteria. The criteria for reviewing federal general conformity determinations shall be the criteria in 40 C.F.R. Part 93, §93.158, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(c) Procedures. The procedures for reviewing federal general conformity determinations shall be the procedures in 40 C.F.R. Part 93, §93.159, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(d) Mitigation of Air Quality Impacts.

1. A federal general conformity determination submitted to the Department for review must contain, at a minimum, the following before the Department can make a positive finding of conformity in its review.

a. Any measures that are intended to mitigate air quality impacts must be identified, and the process for implementation and enforcement of such measures must be described including an implementation schedule containing explicit timelines for implementation.

b. Written commitments to take any mitigation measures from all persons or agencies committing to such measures.

2. A positive finding of conformity by the Department in any review of a federal general conformity determination is expressly based, in part, on reliance that all written commitments for mitigation measures shall be fulfilled by the timelines set out in such written commitments. Failure to fulfill such mitigation measures by the explicit timelines expressed in the written commitments shall nullify a positive Department review finding of conformity as of midnight of the date of the unfulfilled expressed timeline.

(2) Transportation Conformity. Pursuant to 40 C.F.R. 93.105, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the Department has certain consultation and conflict resolution responsibilities in the transportation conformity process. The Department will carry out these responsibilities for transportation conformity pursuant to the interagency memorandum of agreement as revised in 1998 and hereby adopted and incorporated by reference.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New 11-30-94, Amended 3-13-96, 3-23-97, 9-1-98, 10-23-16.

Fla. Admin. Code R. 62-204.600 Transportation Conformity

History

• Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.8055 FS. History–New 11-30-94, Repealed 3-13-96.

Fla. Admin. Code R. 62-204.800 Federal Regulations Adopted by Reference

All federal regulations cited throughout the air pollution rules of the Department are adopted and incorporated by reference in this rule. The purpose and effect of each such federal regulation is determined by the context in which it is cited. Procedural and substantive requirements in the incorporated federal regulations are binding as a matter of state law only where the context so provides. Copies of the reference materials may be obtained by writing to the Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or by calling (850)717-9000.

(1) Title 40, Code of Federal Regulations, Part 50, National Primary and Secondary Ambient Air Quality Standards.

(a) The provisions of 40 C.F.R. Part 50, §§50.1 through 50.19, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15546), are adopted and incorporated by reference.

(b) Appendices A-1 through U of 40 C.F.R. Part 50, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15546), are adopted and incorporated by reference.

(2) Title 40, Code of Federal Regulations, Part 51, Requirements for Preparation, Adoption, and Submittal of Implementation Plans. The following subparts and appendices of 40 C.F.R. Part 51, are adopted and incorporated by reference:

(a) Subparts F, I, P, T, and W of 40 C.F.R. Part 51, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15547); amended July 19, 2021, at 86 FR 37918 (https://www.flrules.org/Gateway/reference.asp?No=Ref-13575).

(b) Appendices M, P, W, and Y of 40 C.F.R. Part 51, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15548), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566).

(3) Title 40, Code of Federal Regulations, Part 52, Approval and Promulgation of Implementation Plans. The following subparts of 40 C.F.R. Part 52, are adopted and incorporated by reference:

(a) 40 C.F.R. Part 52, Subpart A, General Provisions; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15549); amended July 19, 2021, at 86 FR 37918 (https://www.flrules.org/Gateway/reference.asp?No=Ref-13575).

(b) 40 C.F.R. Part 52, Subpart K, Florida; revised as of July 1, 2023 (https://www.flrules.org/gateway/reference.asp?No=Ref-17647), amended August 4, 2023, at 88 FR 51702 (https://www.flrules.org/gateway/reference.asp?No=Ref-17578), amended October 3, 2023, at 88 FR 67963 (https://www.flrules.org/gateway/reference.asp?No=Ref-17581), amended November 6, 2023, at 88 FR 76137 (https://www.flrules.org/gateway/reference.asp?No=Ref-17582), amended January 22, 2024, at 89 FR 3886 (https://www.flrules.org/gateway/reference.asp?No=Ref-17583), amended March 28, 2024, at 89 FR 21437 (https://www.flrules.org/gateway/reference.asp?No=Ref-17587), amended July 16, 2024 at 89 FR 57734 (https://www.flrules.org/gateway/reference.asp?No=Ref-17589).

(4) Title 40, Code of Federal Regulations, Part 53, Ambient Air Monitoring Reference and Equivalent Methods. Subparts A through F of 40 C.F.R. Part 53, revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08868), are adopted and incorporated by reference.

(5) Title 40, Code of Federal Regulations, Part 55, Outer Continental Shelf Air Regulations, revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08869), is adopted and incorporated by reference.

(6) Title 40, Code of Federal Regulations, Part 58, Ambient Air Quality Surveillance.

(a) Subparts A through G of 40 C.F.R. Part 58, revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08871), are adopted and incorporated by reference; amended January 8, 2020, at 85 FR 834 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11961).

(b) Appendices A, C, D, E, and G of 40 C.F.R. Part 58, revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08870), are adopted and incorporated by reference.

(7) Title 40, Code of Federal Regulations, Part 59, National Volatile Organic Compound Emission Standards for Consumer and Commercial Products, Standards Adopted. Subparts B, C and D, of 40 C.F.R. Part 59, revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08872), are adopted and incorporated by reference.

(8) Title 40, Code of Federal Regulations, Part 60, Standards of Performance for New Stationary Sources.

(a) Definitions. For the purposes of subsection 62-204.800(8), F.A.C., the definitions contained in the various provisions of 40 C.F.R. Part 60 adopted herein shall apply, except that the term “Administrator,” when used in any provision of 40 C.F.R. Part 60 that is delegated to the Department by the U.S. Environmental Protection Agency, shall mean the Secretary or the Secretary’s designee.

(b) Standards Adopted. The following Standards of Performance for New Stationary Sources contained in 40 C.F.R. Part 60, revised as of July 1, 2017, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 C.F.R. Part 60, Subpart D, Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09721).

2. 40 C.F.R. Part 60, Subpart Da, Electric Utility Steam Generators for Which Construction is Commenced After September 18, 1978; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09722).

3. 40 C.F.R. Part 60, Subpart Db, Industrial-Commercial-Institutional Steam Generating Units; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09723).

4. 40 C.F.R. Part 60, Subpart Dc, Small Industrial-Commercial-Institutional Steam Generating Unit; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09724).

5. 40 C.F.R. Part 60, Subpart E, Incinerators; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09727).

6. 40 C.F.R. Part 60, Subpart Ea, Municipal Waste Combustors for Which Construction is Commenced After December 20, 1989, and on or Before September 20, 1994; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09728).

7. 40 C.F.R. Part 60, Subpart Eb, Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994, or for Which Modification or Reconstruction is Commenced After June 19, 1996; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09729).

8. 40 C.F.R. Part 60, Subpart Ec, Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09730).

9. 40 C.F.R. Part 60, Subpart F, Portland Cement Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09733).

10. 40 C.F.R. Part 60, Subpart G, Nitric Acid Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09735).

11. 40 C.F.R. Part 60, Subpart Ga, Nitric Acid Plants for Which Construction, Reconstruction or Modification Commenced After October 14, 2011, revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09736).

12. 40 C.F.R. Part 60, Subpart H, Sulfuric Acid Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09740).

13. 40 C.F.R. Part 60, Subpart I, Hot Mix Asphalt Facilities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09743).

14. 40 C.F.R. Part 60, Subpart J, Petroleum Refineries; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09746).

15. 40 C.F.R. Part 60, Subpart Ja, Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15553).

16. 40 C.F.R. Part 60, Subpart K, Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978; revised as of July 1, 2017 (http://www.flrules.org/Gateway/reference.asp?No=Ref-09750).

17. 40 C.F.R. Part 60, Subpart Ka, Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09751).

18. 40 C.F.R. Part 60, Subpart Kb, Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15554).

19. 40 C.F.R. Part 60, Subpart L, Secondary Lead Smelters for which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and On or Before December 1, 2022; revised as of July 1, 2023 (https://www.flrules.org/gateway/reference.asp?No=Ref-17653), amended November 20, 2023, at 88 FR 80594 (https://www.flrules.org/gateway/reference.asp?No=Ref-17615).

20. 40 C.F.R. Part 60, Subpart La, Secondary Lead Smelters for which Construction, Reconstruction, or Modification Commenced After December 1, 2022, promulgated November 20, 2023, at 88 FR 80594 (https://www.flrules.org/gateway/reference.asp?No=Ref-17615).

21. 40 C.F.R. Part 60, Subpart M, Secondary Brass & Bronze Production Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09760).

22. 40 C.F.R. Part 60, Subpart N, Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09762).

23. 40 C.F.R. Part 60, Subpart Na, Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09763).

24. 40 C.F.R. Part 60, Subpart O, Sewage Treatment Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09766).

25. 40 C.F.R. Part 60, Subpart P, Primary Copper Smelters; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09770).

26. 40 C.F.R. Part 60, Subpart Q, Primary Zinc Smelters; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09773).

27. 40 C.F.R. Part 60, Subpart R, Primary Lead Smelters; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09776).

28. 40 C.F.R. Part 60, Subpart S, Primary Aluminum Reduction Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09779).

29. 40 C.F.R. Part 60, Subpart T, Phosphate Fertilizer Industry: Wet Process Phosphoric Acid Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09782).

30. 40 C.F.R. Part 60, Subpart U, Phosphate Fertilizer Industry: Superphosphoric Acid Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09786).

31. 40 C.F.R. Part 60, Subpart V, Phosphate Fertilizer Industry: Diammonium Phosphate Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09789).

32. 40 C.F.R. Part 60, Subpart W, Phosphate Fertilizer Industry: Triple Superphosphate Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09793).

33. 40 C.F.R. Part 60, Subpart X, Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09796).

34. 40 C.F.R. Part 60, Subpart Y, Coal Preparation Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09799).

35. 40 C.F.R. Part 60, Subpart Z, Ferroalloy Production Facilities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09800).

36. 40 C.F.R. Part 60, Subpart AA, Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and on or Before August 17, 1983; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09714), amended August 25, 2023, at 88 FR 58442 (https://www.flrules.org/gateway/reference.asp?No=Ref-17598), amended February 14, 2024, at 89 FR 11198 (https://www.flrules.org/gateway/reference.asp?No=Ref-17601).

37. 40 C.F.R. Part 60, Subpart AAa, Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09715, amended August 25, 2023, at 88 FR 58442 (https://www.flrules.org/gateway/reference.asp?No=Ref-17598), amended February 14, 2024, at 89 FR 11198 (https://www.flrules.org/gateway/reference.asp?No=Ref-17601).

38. 40 C.F.R. Part 60, Subpart AAb, Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After May 16, 2022; promulgated August 25, 2023, at 88 FR 58442 (https://www.flrules.org/gateway/reference.asp?No=Ref-17598), amended February 14, 2024, at 89 FR 11198 (https://www.flrules.org/gateway/reference.asp?No=Ref-17601).

39. 40 C.F.R. Part 60, Subpart BB, Kraft Pulp Mills; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09717).

40. 40 C.F.R., Part 60, Subpart BBa, Standards of Performance for Kraft Pulp Mill Affected Sources for which Construction, Reconstruction, or Modification Commenced After May 23, 2013; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15555).

41. 40 C.F.R. Part 60, Subpart CC, Glass Manufacturing Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09719).

42. 40 C.F.R. Part 60, Subpart DD, Grain Elevators; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09725).

43. 40 C.F.R. Part 60, Subpart EE, Surface Coating of Metal Furniture; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09731).

44. 40 C.F.R. Part 60, Subpart GG, Stationary Gas Turbines; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09737).43. 40 C.F.R. Part 60, Subpart HH, Lime Manufacturing Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09741).

45. 40 C.F.R. Part 60, Subpart KK, Lead-Acid Battery Manufacturing Plants for Which Construction, Reconstruction, or Modification Commenced After January 14, 1980, and On or Before February 23, 2022; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09753), amended February 23, 2023, at 88 FR 11556 (https://www.flrules.org/gateway/reference.asp?No=Ref-17707).

46. 40 C.F.R. Part 60, Subpart KKa, Lead-Acid Battery Manufacturing Plants for Which Construction, Modification or Reconstruction Commenced After February 23, 2022, promulgated February 23, 2023, at 88 FR 11556 (https://www.flrules.org/gateway/reference.asp?No=Ref-17707).

47. 40 C.F.R. Part 60, Subpart LL, Metallic Mineral Processing Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09757).

48. 40 C.F.R. Part 60, Subpart MM, Automobile and Light-Duty Truck Surface Coating Operations for which Construction, Modification or Reconstruction Commenced After October 5, 1979, and On or Before May 18, 2022; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09761), amended May 9, 2023, at 88 FR 29978 (https://www.flrules.org/gateway/reference.asp?No=Ref-17610).

49. 40 C.F.R. Part 60, Subpart MMa, Automobile and Light-Duty Truck Surface Coating Operations for which Construction, Modification or Reconstruction Commenced After May 18, 2022; promulgated May 9, 2023, at 88 FR 29978 (https://www.flrules.org/gateway/reference.asp?No=Ref-17610).

50. 40 C.F.R. Part 60, Subpart NN, Phosphate Rock Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09764).

51. 40 C.F.R. Part 60, Subpart PP, Ammonium Sulfate Manufacturing; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09771).

52. 40 C.F.R. Part 60, Subpart QQ, Graphic Arts Industry: Publication Rotogravure Printing; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09774).

53. 40 C.F.R. Part 60, Subpart RR, Pressure Sensitive Tape and Label Surface Coating Operations; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09777).

54. 40 C.F.R. Part 60, Subpart SS, Industrial Surface Coating: Large Appliances; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09780).

55. 40 C.F.R. Part 60, Subpart TT, Metal Coil Surface Coating; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09783).

56. 40 C.F.R. Part 60, Subpart UU, Asphalt Processing and Asphalt Roofing Manufacture; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09787).

57. 40 C.F.R. Part 60, Subpart VV, Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09790), amended July 5, 2024, at 89 FR 55522 (https://www.flrules.org/gateway/reference.asp?No=Ref-17619).

58. 40 C.F.R. Part 60, Subpart VVa, Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry; for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09791).

59. 40 C.F.R. Part 60, Subpart VVb, Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After April 25, 2023, promulgated May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

60. 40 C.F.R. Part 60, Subpart WW, Beverage Can Surface Coating Industry; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09794).

61. 40 C.F.R. Part 60, Subpart XX, Bulk Gasoline Terminals That Commenced Construction, Modification, or Reconstruction After December 17, 1980, and On or Before June 10, 2022; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09797), amended May 8, 2024 at 89 FR 39304 (https://www.flrules.org/gateway/reference.asp?No=Ref-17616).

62. 40 C.F.R. Part 60, Subpart XXa, Bulk Gasoline Terminals that Commenced Construction, Modification, or Reconstruction After June 10, 2022, promulgated May 8, 2024, at 89 FR 39304 (https://www.flrules.org/gateway/reference.asp?No=Ref-17616).

63. 40 C.F.R. Part 60, Subpart BBB, Rubber Tire Manufacturing Industry; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09718).

64. 40 C.F.R. Part 60, Subpart DDD, Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09726).

65. 40 C.F.R. Part 60, Subpart FFF, Flexible Vinyl and Urethane Coating and Printing; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09734).

66. 40 C.F.R. Part 60, Subpart GGG, Equipment Leaks of VOC in Petroleum Refineries; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09738).

67. 40 C.F.R. Part 60, Subpart GGGa, Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After November 7, 2006; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09739).

68. 40 C.F.R. Part 60, Subpart HHH, Synthetic Fiber Production Facilities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09742).

69. 40 C.F.R. Part 60, Subpart III, Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes After October 21, 1983, and on or Before April 25, 2023; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09744), amended May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

70. 40 C.F.R. Part 60, Subpart IIIa, Standards of Performance for Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes for Which Construction, Reconstruction, or Modification Commenced After April 25, 2023, promulgated May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

71. 40 C.F.R. Part 60, Subpart JJJ, Petroleum Dry Cleaners; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09748).

72. 40 C.F.R. Part 60, Subpart KKK, Equipment Leaks of VOC From Onshore Natural Gas Processing Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09754).

73. 40 C.F.R. Part 60, Subpart LLL, Onshore Natural Gas Processing SO2 Emissions; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09758).

74. 40 C.F.R. Part 60, Subpart NNN, Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations After December 30, 1983, and on or Before April 25, 2023; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09765), amended May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

75. 40 C.F.R. Part 60, Subpart NNNa, Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations for Which Construction, Reconstruction, or Modification Commenced After April 25, 2023, promulgated May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

76. 40 C.F.R. Part 60, Subpart OOO, Nonmetallic Mineral Processing Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09767).

77. 40 C.F.R. Part 60, Subpart PPP, Wool Fiberglass Insulation Manufacturing Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09772).

78. 40 C.F.R. Part 60, Subpart QQQ, VOC Emissions From Petroleum Refinery Wastewater Systems; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09775).

79. 40 C.F.R. Part 60, Subpart RRR, Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes After June 29, 1990, and on or Before April 25, 2023; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09778), amended May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

80. 40 C.F.R. Part 60, Subpart RRRa, Standards of Performance for Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes for Which Construction, Reconstruction, or Modification Commenced After April 25, 2023, promulgated May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

81. 40 C.F.R. Part 60, Subpart SSS, Magnetic Tape Coating Facilities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09781).

82. 40 C.F.R. Part 60, Subpart TTT, Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09784), amended March 27, 2023, at 88 FR 18056 (https://flrules.org/gateway/reference.asp?NO=Ref-17729).

83. 40 C.F.R. Part 60, Subpart TTTa, Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines for Which Construction, Reconstruction, or Modification Commenced After June 21, 2022, promulgated March 27, 2023, at 88 FR 18056 (https://flrules.org/gateway/reference.asp?NO=Ref-17729).

84. 40 C.F.R. Part 60, Subpart UUU, Calciners and Dryers in Mineral Industries; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09788).

85. 40 C.F.R. Part 60, Subpart VVV, Polymeric Coating of Supporting Substrates Facilities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09792).

86. 40 C.F.R. Part 60, Subpart WWW, Municipal Solid Waste Landfills; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15556).

87. 40 CFR Part 60, Subpart XXX, Municipal Solid Waste Landfills; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15557); amended February 14, 2022, at 87 FR 8197 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15560).

88. 40 C.F.R. Part 60, Subpart AAAA, New Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After July 6, 2001; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09716).

89. 40 C.F.R. Part 60, Subpart CCCC, Commercial and Industrial Solid Waste Incineration Units; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15561), amended March 20, 2023, at 88 FR 16732 (https://www.flrules.org/gateway/reference.asp?No=Ref-17604).

90. 40 C.F.R. Part 60, Subpart EEEE, Other Solid Waste Incineration Units for Which Construction Is Commenced After December 9, 2004, or for Which Modification of Reconstruction Is Commenced on or After June 16, 2006; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09732), amended April 17, 2024, at 89 FR 27392 (https://www.flrules.org/gateway/reference.asp?No=Ref-17607).

91. 40 C.F.R. Part 60, Subpart IIII, Standards of Performance for Stationary Compression Ignition Internal Combustion Engines; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15562); amended August 10, 2022, at 87 FR 48603 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15563).

92. 40 C.F.R. Part 60, Subpart JJJJ, Standards of Performance for Stationary Spark Ignition Internal Combustion Engines; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15564); amended August 10, 2022, at 87 FR 48603 (https://www.flrules.org/gateway/reference.asp?No=Ref-15563).

93. 40 C.F.R. Part 60, Subpart KKKK, Standards for Stationary Combustion Turbines; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15565).

94. 40 C.F.R. Part 60, Subpart LLLL, Standards of Performance for New Sewage Sludge Incineration Units; promulgated March 21, 2011, at 76 FR 15372; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09759).

95. 40 C.F.R. Part 60, Subpart OOOO, Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15566).

96. 40 C.F.R. Part 60, Subpart OOOOa, Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15567).

97. 40 C.F.R. Part 60, Subpart TTTT, Standards of Performance for Greenhouse Gas Emissions for Electric Generating Units; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09785).

(c) General Provisions Adopted. The general provisions of 40 C.F.R. Part 60, Subpart A, revised as of July 1, 2023 https://www.flrules.org/gateway/reference.asp?No=Ref-17650), amended August 25, 2023, at 88 FR 58442 (https://www.flrules.org/gateway/reference.asp?No=Ref-17598), amended November 20, 2023, at 88 FR 80594 (https://www.flrules.org/gateway/reference.asp?No=Ref-17615), amended May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617), amended July 5, 2024, at 89 FR 55521 (https://www.flrules.org/gateway/reference.asp?No=Ref-17618).

(d) Appendices Adopted. The following appendices of 40 C.F.R. Part 60, revised as of July 1, 2017, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 C.F.R. Part 60, Appendix A-1, Test Methods 1 through 2F; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15569), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566).

2. 40 C.F.R. Part 60, Appendix A-2, Test Methods 2G through 3C; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09704).

3. 40 C.F.R. Part 60, Appendix A-3, Test Methods 4 through 5I; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15570), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566).

4. 40 C.F.R. Part 60, Appendix A-4, Test Methods 6 through 10B; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15571), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566).

5. 40 C.F.R. Part 60, Appendix A-5, Test Methods 11 through 15A; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15572).

6. 40 C.F.R. Part 60, Appendix A-6, Test Methods 16 through 18; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15573).

7. 40 C.F.R. Part 60, Appendix A-7, Test Methods 19 through 25E; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15574), amended March 20, 2023, at 88 FR 16732 (https://www.flrules.org/gateway/reference.asp?No=Ref-17604), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566); except that in Method 23, the toluene rinse concentrate may be added to the acetone and methylene chloride concentrate, the filter, and the resin in the Soxhlet apparatus specified at section 5.1.4 of the method prior to analysis, in lieu of separate analysis of the toluene rinse extract pursuant to section 5.1.6 of the method.

8. 40 C.F.R. Part 60, Appendix A-8, Test Methods 26 through 30B; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15575), amended March 29, 2023, at 88 FR 18396 http://www.flrules.org/Gateway/reference.asp?No=Ref-17566).

9. 40 C.F.R. Part 60, Appendix B, Performance Specifications; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15576), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566), amended June 28, 2023, at 88 FR 41833 (https://www.flrules.org/gateway/reference.asp?No=Ref-17592), amended April 5, 2024, at 89 FR 24090 (https://www.flrules.org/gateway/reference.asp?No=Ref-17595).

10. 40 C.F.R. Part 60, Appendix C, Determination of Emission Rate Change; revised as of July 1, 2017 (http://www.flrules.org/Gateway/reference.asp?No=Ref-09712).

11. 40 C.F.R. Part 60, Appendix D, Required Emission Inventory Information; revised as of July 1, 2017 (http://www.flrules.org/Gateway/reference.asp?No=Ref-09713).

12. 40 C.F.R. Part 60, Appendix F, Quality Assurance Procedures; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15577), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566), amended April 5, 2024, at 89 FR 24090 (https://www.flrules.org/gateway/reference.asp?No=Ref-17595).

(9) Title 40, Code of Federal Regulations, Part 60, Emission Guidelines and Compliance Times. This subsection contains regulatory language that implements EPA’s Emission Guidelines for various source categories. These regulations have been submitted to EPA as Clean Air Act Section 111(d) State Plans. EPA’s approvals of Florida’s 111(d) State Plans are codified at 40 C.F.R. Part 62, Subpart K which are hereby adopted and incorporated by reference, revised as of July 1, 2023 (https://www.flrules.org/gateway/reference.asp?No=Ref-17656).

(a) General Applicability and Definitions.

1. The purpose and effect of each subpart of 40 C.F.R Part 60 or portion thereof adopted and incorporated by reference in this subsection is determined by the context in which it is cited within this subsection. The Emission Guidelines for Existing Sources adopted by reference in this rule shall be controlling over other standards in the air pollution rules of the Department except that any emissions limiting standard contained in or determined pursuant to the air pollution rules of the Department which is more stringent than one contained in an Emission Guideline, or which regulates emissions of pollutants or emissions units not regulated by an applicable Emission Guideline, shall apply.

2. For the purposes of subsection 62-204.800(9), F.A.C., the definitions contained in the various provisions of 40 C.F.R. Part 60 adopted herein shall apply, except that the term “Administrator,” when used in any provision of 40 C.F.R. Part 60 that is delegated to the Department by the U.S. Environmental Protection Agency, shall mean the Secretary or the Secretary’s designee.

(b) Municipal Waste Combustors. 40 C.F.R. 60, Subpart Cb, Emission Guidelines and Compliance Times for Large Municipal Waste Combustors That Are Constructed on or Before September 20, 1994, revised as of July 1, 2009, is hereby adopted and incorporated by reference, subject to the following provisions:

1. Applicability. The applicability of paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40 C.F.R. §60.32b.

2. Definitions. For purposes of paragraph 62-204.800(9)(b), F.A.C., the definitions in 40 C.F.R. §60.31b shall apply.

3. Emission Limiting Standards.

a. The emission limit for particulate matter shall be the same as set forth in 40 C.F.R. §60.33b(a)(1)(i).

b. The opacity limit shall be the same as set forth in 40 C.F.R. §60.33b(a)(1)(iii).

c. The emission limits for cadmium and lead shall be the same as set forth in 40 C.F.R. §60.33b(a)(2)(i) and (a)(4).

d. The emission limit for mercury shall be the same as set forth in 40 C.F.R. §60.33b(a)(3) except that, where applicable, the emission limiting standards of Rule 62-296.416, F.A.C., also shall apply.

e. The emission limit for sulfur dioxide shall be the same as set forth in 40 C.F.R. §60.33b(b)(1)(i) and (b)(3)(i).

f. The emission limit for hydrogen chloride shall be the same as set forth in 40 C.F.R. §60.33b(b)(2)(i) and (b)(3)(ii).

g. The emission limit for total mass dioxin/furans (tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) shall be the same as set forth in 40 C.F.R. §60.33b(c)(1)(i), (c)(1)(ii), and (c)(1)(iii).

h. The emission limit for nitrogen oxides shall be the same as set forth in 40 C.F.R. 60 Subpart Cb, Table 1, or 40 C.F.R. §60.33b(d)(3) as applicable. Emissions averaging pursuant to 40 C.F.R. §60.33b(d)(1) shall be allowed. 40 C.F.R. §60.33b(d)(2) shall not apply.

i. The emission limit for carbon monoxide shall be the same as set forth in 40 C.F.R. 60, Subpart Cb, Table 3.

4. Operating Practices. The operating practices applicable to each municipal waste combustor unit subject to paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40 C.F.R. §60.53b(b) and (c).

5. Operator Training. The operator training and certification requirements of 40 C.F.R. §60.54b shall apply to all municipal waste combustor units subject to paragraph 62-204.800(9)(b), F.A.C. Compliance with these requirements shall be conducted according to the schedule specified in 40 C.F.R. §60.39b(c)(4).

6. Fugitive Ash Emissions. The fugitive ash emissions requirements applicable to each municipal waste combustor unit subject to paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40 C.F.R. §60.55b.

7. Compliance and Performance Testing.

a. The compliance and performance testing requirements applicable to each municipal waste combustor unit subject to paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40 C.F.R. §60.58b, except as provided for under 40 C.F.R. §60.24(b)(2) and subparagraph 62-204.800(9)(b)7.b., F.A.C.

b. The alternative performance testing schedule for dioxins/furans specified in 40 C.F.R. §60.58b(g)(5)(iii) shall apply to municipal waste combustor plants that achieve a dioxin/furan emission level less than or equal to 15 nanograms per dry standard cubic meter, corrected to 7 percent oxygen.

8. Reporting and Recordkeeping. The reporting and recordkeeping requirements applicable to each municipal waste combustor unit subject to paragraph 62-204.800(9)(b), F.A.C., shall be the same as set forth in 40 C.F.R. §60.59b, except for the siting requirements under 40 C.F.R. §60.59b(a), (b)(5) and (d)(11).

(c) Municipal Solid Waste Landfills. 40 C.F.R. 60, Subpart Cc, Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, revised as of July 1, 2009, is hereby adopted and incorporated by reference, subject to the following provisions:

1. Applicability.

a. The facility to which paragraph 62-204.800(9)(c), F.A.C., applies is each existing municipal solid waste (MSW) landfill:

(I) For which construction, reconstruction or modification was commenced before May 30, 1991; and,

(II) Which has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition.

b. Physical or operational changes made to an existing MSW landfill solely to comply with the provisions of paragraph 62-204.800(9)(c), F.A.C., are not considered a modification or reconstruction and would not subject an existing MSW landfill to the requirements of 40 C.F.R. 60, Subpart WWW (see 40 C.F.R. §60.750).

2. Definitions. The terms used but not defined in 40 C.F.R. 60, Subpart Cc, have the meaning given to them in the Act and in Subparts A, B, and WWW of 40 C.F.R. §60.

3. Standards for Air Emissions from MSW Landfills.

a. Each owner or operator of an MSW landfill subject to paragraph 62-204.800(9)(c), F.A.C., and which also meets the following conditions as of December 31, 1996, shall comply with the provisions of 40 C.F.R. §60.752(b)(2)(i) through (v) commencing from December 31, 1996.

(I) The landfill has a design capacity greater than or equal to 2.5 million Megagrams and 2.5 million cubic meters. The landfill may calculate design capacity in either Megagrams or cubic meters for comparison with the exemption values. Any density conversions shall be documented and submitted with the initial design capacity report and any application for a solid waste permit; and,

(II) The landfill has a nonmethane organic compound (NMOC) emission rate of 50 Megagrams per year or more.

b. Any MSW landfill which has a design capacity greater than or equal to 2.5 million Megagrams and 2.5 million cubic meters but whose NMOC emission rate as of December 31, 1996, is less than 50 Megagrams per year shall comply with the provisions of 40 C.F.R. §60.752(b)(2)(i) through (v) commencing from December 31 of the first year after 1996 for which the nonmethane organic compound emission rate equals or exceeds 50 Megagrams per year.

4. Compliance Procedures. Each owner or operator of an MSW landfill subject to the air emissions standards of subparagraph 62-204.800(9)(c)3., F.A.C., shall:

a. Comply with the operational standards in 40 C.F.R. §60.753;

b. Comply with the compliance provisions in 40 C.F.R. §60.755; and,

c. Comply with the monitoring provisions in 40 C.F.R. §60.756.

5. Reporting and Recordkeeping. Each owner or operator of an MSW landfill to which paragraph 62-204.800(9)(c), F.A.C., applies shall comply with the reporting and recordkeeping provisions of 40 C.F.R. §60.757 and.758, as applicable, except that the initial design capacity report and NMOC emission rate report described in 40 C.F.R. §60.757 shall be submitted to the Department no later than December 31, 1996. The provisions of 40 C.F.R. §60.754, as applicable, shall be used to calculate the landfill NMOC emission rate for the purposes of the submittal of NMOC emission rate reports and determining whether the landfill has a nonmethane organic compound (NMOC) emission rate of 50 Megagrams per year or more.

6. Permit Application Deadline. Each existing MSW landfill that is subject to paragraph 62-204.800(9)(c), F.A.C., and has a design capacity greater than or equal to 2.5 million Megagrams and 2.5 million cubic meters is subject to the permitting requirements of Chapter 62-213, F.A.C. Any existing MSW landfill subject to the requirements of Chapter 62-213, F.A.C., solely because it is subject to paragraph 62-204.800(9)(c), F.A.C., shall file an application for an operation permit under the requirements of Chapter 62-213, F.A.C., no later than December 31, 1997.

7. Effective Date of State Emission Standards for MSW Landfills. The provisions of paragraph 62-204.800(9)(c), F.A.C., shall become effective on December 31, 1996.

(d) Reserved.

(e) Small Municipal Waste Combustion Units. 40 C.F.R. Part 60, Subpart BBBB, Emission Guidelines and Compliance Times for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999, revised as of July 1, 2009, is hereby adopted and incorporated by reference subject to the following provisions:

1. Applicability. The applicability of paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.

2. Increments of Progress. The requirements for meeting increments of progress and achieving final compliance applicable to each existing small municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB, provided that the final control plan shall be submitted no later than September 30, 2001.

3. Good Combustion Practices.

a. Operator Training. The operator training requirements applicable to each small municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.

b. Operator Certification. The operator certification requirements applicable to each small municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.

c. Operating Requirements. The operating requirements applicable to each small municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.

4. Emission Limits. The emission limits on eleven pollutants applicable to each small municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.

5. Continuous Emission Monitoring. The continuous emission monitoring requirements applicable to each small municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.

6. Stack Testing. The stack testing requirements applicable to each small municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.

7. Other Monitoring Requirements. Other monitoring requirements applicable to each small municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.

8. Recordkeeping Requirements. The recordkeeping requirements applicable to each small municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.

9. Reporting Requirements. The reporting requirements applicable to each small municipal waste combustion unit subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.

10. Title V Operating Permits. Any small municipal waste combustion unit subject to the permitting requirements of Chapter 62-213, F.A.C., solely because it is subject to 40 C.F.R. Part 60, Subpart BBBB, shall file an application for an operation permit under the requirements of Chapter 62-213, F.A.C., no later than December 1, 2002.

11. Air Curtain Incinerators. Requirements applicable to each Air Curtain Incinerator subject to paragraph 62-204.800(9)(e), F.A.C., shall be the same as set forth in 40 C.F.R. Part 60, Subpart BBBB.

12. Definitions. The terms used but not defined in 40 C.F.R. Part 60, Subpart BBBB, have the meaning given to them in the Clean Air Act and in 40 C.F.R. Part 60, Subparts A, B, and AAAA.

(f) Commercial and Industrial Solid Waste Incineration (CISWI) Units. 40 C.F.R. Part 60, Subpart DDDD, Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or Before June 4, 2010, revised as of July 1, 2021, (https://www.flrules.org/Gateway/reference.asp?No=Ref-15578), amended March 20, 2023, at 88 FR 16732 (https://www.flrules.org/gateway/reference.asp?No=Ref-17604), is hereby adopted and incorporated by reference subject to the following provisions (all cross-references to 40 C.F.R. 63 Subpart LLL [40 C.F.R. §§63.1340 through 1359], are adopted and incorporated by reference at paragraph 62-204.800(11)(b), F.A.C.):

1. Applicability. The applicability of paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §60.2550. Units exempted from the applicability of paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §60.2555. For the purposes of 40 C.F.R. §60.2550, units that begin combusting solid waste that are not subject to 40 C.F.R. 60 Subpart CCCC are considered existing sources and must comply with paragraph 62-204.800(9)(f), F.A.C.

2. Increments of Progress. The requirements for meeting increments of progress and achieving final compliance applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2575 through 60.2615, provided that the final control plan shall be submitted no later than August 7, 2015, and the final compliance date is no later than February 7, 2018.

3. Waste Management Plan. The waste management plan requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2620 through 60.2630.

4. Operator Training and Qualification. The operator training and qualification requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2635 through 60.2665.

5. Emission Limitations and Operating Limits. The emission limitations and operating limits applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2670 through 60.2680, except that a unit in the waste-burning kiln subcategory may instead comply with one or more of the following production-based emission limits:

a. Mercury emission limit of 58 pounds of mercury per million tons of clinker as specified in Table 4 as published February 7, 2013 at 78 FR 9112, 9122 (https://www.flrules.org/Gateway/reference.asp?No=Ref-03695).

b. Particulate matter emission limit of 0.07 pounds per ton of clinker, as specified in specified in 40 C.F.R. §63.1343(b)(a), Table 1.

6. Performance Testing. The performance testing requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2690 and 60.2695, except that a unit in the waste-burning kiln subcategory complying with the production-based particulate matter emission limit in sub-subparagraph 62-204.800(9)(f)5.b., F.A.C., shall demonstrate compliance annually pursuant to 40 C.F.R. 63.1349(b)(1).

7. Initial Compliance Requirements. The initial compliance requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2700 through 60.2706, except that:

a. A waste-burning kiln complying with the production-based mercury emission limit in sub-subparagraph 62-204.800(9)(f)5.a., F.A.C., must demonstrate initial compliance pursuant to 40 C.F.R. §63.1348(a)(5). The initial compliance test must begin on the first operating day following completion of the field testing and data collection that demonstrates that the continuous emissions monitoring system has satisfied the relevant performance acceptance criteria of Performance Specifications 12A or 12B in 40 C.F.R. Part 60 Appendix B.

b. A waste-burning kiln complying with the production-based particulate matter emission limit in sub-subparagraph 62-204.800(9)(f)5.b., F.A.C., must demonstrate initial compliance pursuant to 40 C.F.R. §63.1348(a)(1). The waste burning kilns shall demonstrate initial compliance with the production-based particulate matter limit within 180 days of providing the notification required by sub-subparagraph 62-204.800(9)(f)7.c., F.A.C.

c. The notification required by 40 C.F.R. §60.2760 shall also include notification of whether an owner or operator of a unit in the waste-burning kiln subcategory intends to comply with one or more of the production-based emission limits in sub-subparagraphs 62-204.800(9)(f)5.a. and b., F.A.C.

8. Continuous Compliance Requirements. The continuous compliance requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2710 through 60.2725, except that:

a. A waste-burning kiln complying with the production-based mercury emission limit in sub-subparagraph 62-204.800(9)(f)5.a., F.A.C., must demonstrate continuous compliance with this production-based limit pursuant to the procedures of 40 C.F.R. §63.1348(b)(7), and 40 C.F.R. §63.1349(b)(5).

b. A waste-burning kiln complying with the production-based particulate matter emission limit in sub-subparagraph 62-204.800(9)(f)5.b., F.A.C., must demonstrate continuous compliance with this production-based limit pursuant to the procedures of 40 C.F.R. §63.1348(b)(2) and 40 C.F.R. §63.1349(b)(1).

9. Monitoring. The monitoring requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2730 and 60.2735. A unit in the waste-burning kiln subcategory complying with one or more of the production-based emission limits in sub-subparagraphs 62-204.800(9)(f)5.a. and b., F.A.C., must also monitor the clinker production rate pursuant to 40 C.F.R. §63.1350(d), and the flow rate pursuant to 40 C.F.R. §63.1350(n), and the following:

a. For mercury, the owner or operator shall monitor emissions pursuant to 40 C.F.R. § 63.1350(k).

b. For particulate matter, the owner or operator shall monitor emissions pursuant to 40 C.F.R. § 63.1350(b).

c. An owner of a waste burning kiln is not required to develop an emissions monitoring plan pursuant to 40 C.F.R. §63.1350(p)(1) through (p)(4), if the owner prepares the emissions monitoring plan required pursuant to 40 C.F.R. §60.2710(k) and (l).

10. Recordkeeping and Reporting Requirements. The recordkeeping and reporting requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2740 through 60.2800. Units in the waste-burning kiln subcategory complying with one or more of the production-based emission limits in sub-subparagraphs 62-204.800(9)(f)5.a. and b., F.A.C., must also keep records of all data collected from the continuous flow rate monitoring system required by 40 C.F.R. §63.1350(n), all data collected from the clinker production monitoring system required by 40 C.F.R. §63.1350(d), and all calculated 30-operating day rolling average values derived from the mercury and particulate matter monitoring system. Units in the waste-burning kiln subcategory complying with one or more of the production-based emission limits in sub-subparagraph 62-204.800(9)(f)5.a. and b., F.A.C., must also report all deviations from the production-based limits in accordance with 40 C.F.R. §§60.2740 through 60.2800.

11. Title V Operating Permits. The Title V operating permit requirements applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §60.2805.

12. Air Curtain Incinerators. Requirements applicable to each Air Curtain Incinerator subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §§60.2810 through 60.2870.

13. Definitions. The definitions applicable to each CISWI unit subject to paragraph 62-204.800(9)(f), F.A.C., shall be the same as set forth in 40 C.F.R. §60.2875. For purposes of paragraph 62-204.800(9)(f), F.A.C., the definition of the term administrator means the department, except that the EPA is the administrator for purposes of 40 C.F.R. §60.2030(c). The terms used but not defined in 40 C.F.R. Part 60, Subpart DDDD, have the meaning given to them in the Clean Air Act and in 40 C.F.R. Part 60, Subparts A, B, and CCCC. For units in the waste-burning kiln subcategory complying with one or more of the production-based emission limits in sub-subparagraphs 62-204.800(9)(f)5.a. and b., F.A.C., the term operating day in 40 C.F.R. §63.1348, 40 C.F.R. §63.1349, 40 C.F.R. §63.1350 and 40 C.F.R. §63.1354 means any 24-hour period beginning at 12:00 midnight, during which the kiln produces any amount of clinker.

(g) Hospital/Medical/Infectious Waste Incinerators. 40 C.F.R. Part 60, Subpart Ce, Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators, revised as of July 1, 2009; amended October 6, 2009, at 74 FR 51368; amended April 4, 2011, at 76 FR 18407 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01720); is hereby adopted and incorporated by reference, subject to the following provisions:

1. Applicability. The applicability of paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. §60.32e, where the applicable compliance date at 40 C.F.R. §60.32e(j) shall be the later of June 1, 2012, or such date as established pursuant to the provisions of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C.

2. Definitions. The terms used but not defined in 40 C.F.R. 60, Subpart Ce, shall have the meaning given them at 40 C.F.R. 60, Subparts A, B and Ec.

3. Emission Limiting Standards.

a. The emission limits applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as the emission limits set forth at 40 C.F.R. §60.33e(a)(2) or (3).

b. The opacity limit applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as the opacity limit set forth at 40 C.F.R. §60.52c(b)(2).

4. Operator Training and Qualification. The operator training and qualification requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. §60.53c.

5. Waste Management. The waste management plan requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. §60.55c.

6. Inspection. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the inspection requirements as set forth at 40 C.F.R. §60.36e.

7. Compliance, Performance Testing, and Monitoring Provisions.

a. The compliance and performance testing requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. §60.56c, excluding the annual fugitive emissions testing requirements under §60.56c(c)(3), the CO CEMS requirements under §60.56c(c)(4), and the compliance requirements for monitoring listed in §§60.56c(c)(5)(ii) through (v), (c)(6), (c)(7), (e)(6) through (10), (f)(7) through (10), and (g)(6) through (10). Hospital/medical/infectious waste incinerators subject to the emission limits under §60.33e(a)(2) and (a)(3) may, however, elect to use CO CEMS as specified under §60.56c(c)(4) or bag leak detection systems as specified under §60.57c(h).

b. The monitoring requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. §60.57c.

c. The use of previous emissions test results applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 CFR §60.37e(f).

d. On or after June 1, 2012, any time the owner or operator of any hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., conducts a performance test for any reason for particulate matter (PM), the owner or operator shall also conduct a performance test for mercury (Hg), cadmium (Cd), and lead (Pb). Testing shall be conducted in accordance with the applicable test procedures and methods set forth at 40 C.F.R. §60.56c(b), and test data shall be reported to the Department in accordance with the provisions of 40 C.F.R. §60.58c(c). This requirement for supplemental metals testing shall not apply if the owner or operator continuously monitors or samples Hg emissions in accordance with the provisions of 40 C.F.R. §60.56c(c)(5) or 40 C.F.R §60.56c(c)(7).

8. Reporting and Recordkeeping.

a. The reporting and recordkeeping requirements applicable to each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall be the same as set forth at 40 C.F.R. §§60.58c(b) through (g), excluding §§60.58c(b)(2)(xviii) (bag leak detection system alarms), (b)(2)(xix) (CO CEMS data), and (b)(7) (siting documentation).

b. In addition, each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the reporting and recordkeeping requirements of 40 C.F.R.§60.38e(b).

9. Compliance Times.

a. Each hospital/medical infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the operator training and qualification requirements of subparagraph 62-204.800(9)(g)4., F.A.C., by June 1, 2012.

b. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with the inspection requirements of subparagraph 62-204.800(9)(g)6., F.A.C., by June 1, 2012.

c. Except as provided for under sub-subparagraph 62-204.800(9)(g)9.d., F.A.C., each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall comply with all remaining requirements of paragraph 62-204.800(9)(g), F.A.C., by June 1, 2012.

d. Any hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., that chooses to comply with the alternate schedule set forth at 40 C.F.R. §60.39e(c), shall submit to the Department the information specified at 40 C.F.R. §60.39e(d)(1)(i) and (ii) as part of the permit application required pursuant to subparagraph 62-204.800(9)(g)10., F.A.C. The alternate schedule must provide for compliance with the remaining requirements of sub-subparagraph 62-204.800(9)(g)9.d., F.A.C., no later than June 1, 2014.

10. Permit Application Deadline. Any hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall file an application for Title V permit revision no later than June 1, 2011.

11. Related Provisions. Each hospital/medical/infectious waste incinerator subject to paragraph 62-204.800(9)(g), F.A.C., shall also comply with all requirements of paragraph 62-296.401(4), F.A.C., to the extent that such requirements are stricter than, or supplemental to, the requirements of paragraph 62-204.800(9)(g), F.A.C.

(h) Municipal Solid Waste Landfills. 40 C.F.R. Part 60, Subpart Cf, Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills that commenced construction, reconstruction, or modification on or before July 17, 2014, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15579), is hereby adopted and incorporated by reference subject to the following provisions:

1. Designated Facilities. The applicable requirements of paragraph 62-204.800(9)(h), F.A.C., shall apply to all designated facilities as set forth in 40 C.F.R. §60.31f.

2. Compliance Times. The requirements for planning, awarding of contracts, installing, and starting up of Municipal Solid Waste Landfill air emission collection and control equipment applicable to each designated facility subject to paragraph 62-204.800(9)(h), F.A.C., shall be the same as set forth in 40 C.F.R. § 60.32f.

3. Emission Guidelines for Municipal Solid Waste Landfill Emissions. The emission limitations and operating limits applicable to each Municipal Solid Waste Landfill subject to paragraph 62-204.800(9)(h), F.A.C., shall be the same as set forth in 40 C.F.R. §60.33f(a)(1) through (4), §60.33f(b)(1) through (3), §60.33f(c)(1) through (4), §60.33f(d)(1) and (2), and §60.33f(e)(1) through (3), and §60.33f(f).

4. Operational Standards for Collection and Control Systems. The operational standards for landfill gas collection and control systems used to comply with 40 C.F.R. §60.33f(b) and (c) at designated facilities subject to paragraph 62-204.800(9)(h), F.A.C., shall be the same as set forth in 40 C.F.R. §60.34f(a) through (g).

5. Test Methods and Procedures. The test methods and procedures for determining the non-methane organic compunds (NMOC) emission rate or conducting surface emission monitoring demonstration at designated facilities subject to paragraph 62-204.800(9)(h), F.A.C., shall be the same as set forth in 40 C.F.R. §60.35f(a) through (e).

6. Compliance Provisions. Owners and operators of designated facilities subject to paragraph 62-204.800(9)(h), F.A.C., must demonstrate compliance with the standards of 40 C.F.R. §60.33f as set forth in 40 C.F.R. §60.36f(a) through (e).

7. Monitoring of Operations. The monitoring requirements for owners and operators of designated facilities subject to paragraph 62-204.800(9)(h), F.A.C., shall be the same as set forth in 40 C.F.R. §60.37f(a) through (h).

8. Reporting Guidelines. The reporting requirements for owners and operators of designated facilities subject to paragraph 62-204.800(9)(h), F.A.C., shall be the same as set forth in 40 C.F.R. §60.38f(a) through (m), except the initial design capacity report requirements specified in 40 C.F.R. 60.38f(a) and the initial NMOC report requirements specified in 40 C.F.R. 60.38f(c).

9. Recordkeeping Guidelines. The recordkeeping requirements for owners and operators of designated facilities subject to paragraph 62-204.800(9)(h), F.A.C., shall be the same as set forth in 40 C.F.R. §60.39f(a) through (j).

10. Specification for Active Collection Systems. The specifications for active collection systems at designated facilities subject to paragraph 62-204.800(9)(h), F.A.C., shall be the same as set forth in 40 C.F.R. §60.40f(a) through (c).

11. Definitions. The definitions applicable to designated facilities subject to paragraph 62-204.800(9)(h), F.A.C., shall be the same as set forth in 40 C.F.R. §60.41f. For purposes of paragraph 62-204.800(9)(h), F.A.C., the definition of the term administrator means the department. The terms used but not defined in 40 C.F.R. Part 60, Subpart Cf, have the meaning given to them in the Clean Air Act and in 40 C.F.R. Part 60, Subparts A, B, and XXX.

12. 40 C.F.R. 60 Subparts WWW and Cc. When a designated facility comes into compliance with the Operational Standards for Collection and Control Systems in 40 C.F.R. Part 60, Subpart Cf, adopted and incorporated by reference in subparagraph 62-204.800(9)(h)4., F.A.C., the designated facility is no longer subject to the requirements of paragraph 62-204.800(9)(c), F.A.C. (adopting 40 C.F.R. Part 60, Subpart Cc by reference), and 40 C.F.R. Part 60, Subpart WWW, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(10) Title 40, Code of Federal Regulations, Part 61, National Emission Standards for Hazardous Air Pollutants.

(a) Definitions. For purposes of subsection 62-204.800(10), F.A.C., the definitions contained in the various provisions of 40 C.F.R. Part 61 adopted herein shall apply, except that the term “Administrator,” when used in any provision of 40 C.F.R. Part 61 that is delegated to the Department by the U.S. Environmental Protection Agency, shall mean the Secretary or the Secretary’s designee.

(b) Standards Adopted. The following National Emission Standards for Hazardous Air Pollutants contained in 40 C.F.R. Part 61, revised as of July 1, 2017, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 C.F.R. Part 61, Subpart C, Beryllium; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10927).

2. 40 C.F.R. Part 61, Subpart D, Beryllium Rocket Motor Firing; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10928).

3. 40 C.F.R. Part 61, Subpart E, Mercury; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10929).

4. 40 C.F.R. Part 61, Subpart F, Vinyl Chloride; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10930).

5. 40 C.F.R. Part 61, Subpart J, Equipment Leaks (Fugitive Emission Sources) of Benzene; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10932).

6. 40 C.F.R. Part 61, Subpart K, Radionuclide Emissions From Elemental Phosphorous Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10933).

7. 40 C.F.R. Part 61, Subpart L, Benzene Emissions from Coke By-Product Recovery Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10934).

8. 40 C.F.R. Part 61, Subpart M, Asbestos; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10935); except that DEP Form Number 62-257.900(1) shall be used in lieu of the form identified as Figure 3 in 40 C.F.R. §61.145.

9. 40 C.F.R. Part 61, Subpart N, Inorganic Arsenic Emission From Glass Manufacturing Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10936).

10. 40 C.F.R. Part 61, Subpart O, Inorganic Arsenic Emissions From Primary Copper Smelters; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10937).

11. 40 C.F.R. Part 61, Subpart P, Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10938).

12. 40 C.F.R. Part 61, Subpart V, Equipment Leaks (Fugitive Emissions Sources); revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10939).

13. 40 C.F.R. Part 61, Subpart Y, Benzene Emissions From Benzene Storage Vessels; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10940).

14. 40 C.F.R. Part 61, Subpart BB, Benzene Emissions From Benzene Transfer Operations; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10941).

15. 40 C.F.R. Part 61, Subpart FF, Benzene Waste Operations; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10942).

(c) The National Emission Standards for Hazardous Air Pollutants adopted by reference in this rule shall be controlling over other standards in the air pollution rules of the Department, except that any emissions limiting standard contained in or determined pursuant to the air pollution rules of the Department which is more stringent than one contained in a National Emission Standard, or which regulates pollutants or emissions units not regulated by an applicable National Emission Standard, shall apply.

(d) General Provisions Adopted. The general provisions of 40 C.F.R. Part 61, Subpart A, revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10943); are adopted and incorporated by reference; except for 40 C.F.R. §61.08. In lieu of the process set forth in 40 C.F.R. §61.08, the Department will follow the permit processing procedures of Rule 62-4.055, F.A.C.

(e) Appendices Adopted. Appendices A, B and C of 40 C.F.R. Part 61, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15580), or later as specifically indicated are adopted and incorporated by reference:

(11) Title 40, Code of Federal Regulations, Part 63, National Emission Standards for Hazardous Air Pollutants for Source 87 FR 50269 Categories.

(a) Definitions. For the purposes of subsection 62-204.800(11), F.A.C., the definitions contained in the various provisions of 40 C.F.R. Part 63 adopted herein shall apply, except that the term, “Administrator,” when used in any provisions of 40 C.F.R. Part 63 that is delegated to the Department by the U.S. Environmental Protection Agency, shall mean the Secretary or the Secretary’s designee.

(b) Standards Adopted. The following National Emission Standards for Hazardous Air Pollutants contained in 40 C.F.R. Part 63, revised as of July 1, 2017, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 C.F.R. Part 63, Subpart F, Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10947), amended May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

2. 40 C.F.R. Part 63, Subpart G, Organic Hazardous Air Pollutants From the Synthetic Organic Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10948), amended May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

3. 40 C.F.R. Part 63, Subpart H, Organic Hazardous Air Pollutants for Equipment Leaks; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10949), amended May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

4. 40 C.F.R. Part 63, Subpart I, Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10950), amended May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

5. 40 C.F.R. Part 63, Subpart J, Polyvinyl Chloride and Copolymers Production; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10951).

6. 40 C.F.R. Part 63, Subpart L, Coke Oven Batteries; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10952), amended July 5, 2024, at 89 FR 55684 (https://www.flrules.org/gateway/reference.asp?No=Ref-17621).

7. 40 C.F.R. Part 63, Subpart M, Perchloroethylene Dry Cleaning Facilities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10953).

8. 40 C.F.R. Part 63, Subpart N, Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10954).

9. 40 C.F.R. Part 63, Subpart O, Ethylene Oxide Emissions Standards for Sterilization Facilities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10955), amended April 5, 2024, at 89 FR 24090 (https://www.flrules.org/gateway/reference.asp?No=Ref-17595).

10. 40 C.F.R. Part 63, Subpart Q, Industrial Process Cooling Towers; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10956).

11. 40 C.F.R. Part 63, Subpart R, Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations); revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15581), amended May 8, 2024 at 89 FR 39304 (https://www.flrules.org/gateway/reference.asp?No=Ref-17616).

12. 40 C.F.R. Part 63, Subpart S, Pulp and Paper Industry; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10958), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566).

13. 40 C.F.R. Part 63, Subpart T, Halogenated Solvent Cleaning; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10959).

14. 40 C.F.R. Part 63, Subpart U, Group I Polymers and Resins; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10960), amended May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617).

15. 40 C.F.R. Part 63, Subpart W, Epoxy Resins Production and Non-Nylon Polyamides Production; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10962).

16. 40 C.F.R. Part 63, Subpart X, Secondary Lead Smelters; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10963).

17. 40 C.F.R. Part 63, Subpart Y, Marine Tank Vessel Loading Operations; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10964).

18. 40 C.F.R. Part 63, Subpart AA, Phosphoric Acid Manufacturing Plants; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15582).

19. 40 C.F.R. Part 63, Subpart BB, Phosphate Fertilizers Production Plants; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15583).

20. 40 C.F.R. Part 63, Subpart CC, Petroleum Refineries; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15584), amended April 4, 2024, at 89 FR 23840 (https://www.flrules.org/gateway/reference.asp?No=Ref-17632).

21. 40 C.F.R. Part 63, Subpart DD, Off-Site Waste and Recovery Operations; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15585).

22. 40 C.F.R. Part 63, Subpart EE, Magnetic Tape Manufacturing Operations; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15586).

23. 40 C.F.R. Part 63, Subpart GG, Aerospace Manufacturing and Rework Facilities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10968).

24. 40 C.F.R. Part 63, Subpart HH, Oil and Natural Gas Production Facilities (Includes Appendix to Subpart HH); revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10969).

25. 40 C.F.R. Part 63, Subpart II, Shipbuilding and Ship Repair (Surface Coating); revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10970).

26. 40 C.F.R. Part 63, Subpart JJ, Wood Furniture Manufacturing Operations; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10971).

27. 40 C.F.R. Part 63, Subpart KK, Printing and Publishing Industry; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10972).

28. 40 C.F.R. Part 63, Subpart LL, Primary Aluminum Reduction Plants; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10973), amended March 20, 2023, at 88 FR 16732 (https://www.flrules.org/gateway/reference.asp?No=Ref-17604).

29. 40 C.F.R. Part 63, Subpart MM, Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15587).

30. 40 C.F.R. Part 63, Subpart OO, Tanks-Level 1; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10975).

31. 40 C.F.R. Part 63, Subpart PP, Containers; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10976).

32. 40 C.F.R. Part 63, Subpart QQ, Surface Impoundments; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10977).

33. 40 C.F.R. Part 63, Subpart RR, Individual Drain Systems; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10978).

34. 40 C.F.R. Part 63, Subpart SS, Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15589).

35. 40 C.F.R. Part 63, Subpart TT, Equipment Leaks – Control Level 1; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10980).

36. 40 C.F.R. Part 63, Subpart UU, Equipment Leaks – Control Level 2 Standards; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10981).

37. 40 C.F.R. Part 63, Subpart VV, Oil-Water Separators and Organic-Water Separators; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10982).

38. 40 C.F.R. Part 63, Subpart WW, Storage Vessels (Tanks) – Control Level 2; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10983).

39. 40 C.F.R. Part 63, Subpart XX, Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15588).

40. 40 C.F.R. Part 63, Subpart YY, Generic Maximum Achievable Control Technology Standards; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15590); amended November 19, 2021, at 86 FR 66096 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15591), amended April 4, 2024, at 89 FR 23840 (https://www.flrules.org/gateway/reference.asp?No=Ref-17632).

41. 40 C.F.R. Part 63, Subpart CCC, Steel Pickling – HCL Process Facilities and Hydrochloric Acid Regeneration Plants; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15592).

42. 40 C.F.R. Part 63, Subpart DDD, Mineral Wool Production; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15593).

43. 40 C.F.R. Part 63, Subpart EEE, Hazardous Waste Combustors; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15594), amended March 20, 2023, at 88 FR 16732 (https://www.flrules.org/gateway/reference.asp?No=Ref-17604), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566).

44. 40 C.F.R. Part 63, Subpart GGG, Pharmaceuticals Production; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15595).

45. 40 C.F.R. Part 63, Subpart HHH, Natural Gas Transmission and Storage Facilities; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15597).

46. 40 C.F.R. Part 63, Subpart III, Flexible Polyurethane Foam Production; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15598).

47. 40 C.F.R. Part 63, Subpart JJJ, Group IV Polymers and Resins; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15599).

48. 40 C.F.R. Part 63, Subpart LLL, Portland Cement Manufacturing Industry; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15600).

49. 40 C.F.R. Part 63, Subpart MMM, Pesticide Active Ingredient Production; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10993).

50. 40 C.F.R. Part 63, Subpart NNN, Wool Fiberglass Manufacturing; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15601).

51. 40 C.F.R. Part 63, Subpart OOO, Manufacture of Amino/Phenolic Resins; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15602).

52. 40 C.F.R. Part 63, Subpart PPP, Polyether Polyols Production; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10995).

53. 40 C.F.R. Part 63, Subpart QQQ, Primary Copper Smelting; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10996), amended May 13, 2024, at 89 FR 41648 (https://www.flrules.org/gateway/reference.asp?No=Ref-17638).

54. 40 C.F.R. Part 63, Subpart RRR, Secondary Aluminum Production; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10997).

55. 40 C.F.R. Part 63, Subpart TTT, Primary Lead Smelting; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10998).

56. 40 C.F.R. Part 63, Subpart UUU, Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15603).

57. 40 C.F.R. Part 63, Subpart VVV, Publicly Owned Treatment Works; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15604).

58. 40 C.F.R. Part 63, Subpart XXX, Ferroalloys Production: Ferromanganese and Silicomanganese; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11000), amended March 20, 2023, at 88 FR 16732 (https://www.flrules.org/gateway/reference.asp?No=Ref-17604).

59. 40 C.F.R. Part 63, Subpart AAAA, Municipal Solid Waste Landfills; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15605); amended February 14, 2022, at 87 FR 8197 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15560).

60. 40 C.F.R. Part 63, Subpart CCCC, Manufacturing of Nutritional Yeast; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15606).

61. 40 C.F.R. Part 63, Subpart DDDD, Plywood and Composite Wood Products; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15607).

62. 40 C.F.R. Part 63, Subpart EEEE, Organic Liquids Distribution (Non-Gasoline); revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15608), amended April 4, 2024, at 89 FR 23840 (https://www.flrules.org/gateway/reference.asp?No=Ref-17632).

63. 40 C.F.R. Part 63, Subpart FFFF, Miscellaneous Organic Chemical Manufacturing; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15609), amended April 4, 2024, at 89 FR 23840 (https://www.flrules.org/gateway/reference.asp?No=Ref-17632).

64. 40 C.F.R. Part 63, Subpart GGGG, Solvent Extraction for Vegetable Oil Production; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15610).

65. 40 C.F.R. Part 63, Subpart HHHH, Wet-Formed Fiberglass Mat Productions; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15611).

66. 40 C.F.R. Part 63, Subpart IIII, Surface Coating of Automobiles and Light-Duty Trucks; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15562); amended November 19, 2021, at 86 FR 66038 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15614).

67. 40 C.F.R. Part 63, Subpart JJJJ, Paper and Other Web Coating; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15615), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566).

68. 40 C.F.R. Part 63, Subpart KKKK, Surface Coating of Metal Cans; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15616); amended November 19, 2021, at 85 FR 66038 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15614).

69. 40 C.F.R. Part 63, Subpart MMMM, Surface Coating of Miscellaneous Metal Parts and Products; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15617).

70. 40 C.F.R. Part 63, Subpart NNNN, Surface Coating of Large Appliances; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15618).

71. 40 C.F.R. Part 63, Subpart OOOO, Printing, Coating, and Dyeing of Fabrics and Other Textiles; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15619).

72. 40 C.F.R. Part 63, Subpart PPPP, Surface Coating of Plastic Parts and Products; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15620).

73. 40 C.F.R. Part 63, Subpart QQQQ, Surface Coating of Wood Building Products; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15621).

74. 40 C.F.R. Part 63, Subpart RRRR, Surface Coating of Metal Furniture; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15622).

75. 40 C.F.R. Part 63, Subpart SSSS, Surface Coating of Metal Coil; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15623).

76. 40 C.F.R. Part 63, Subpart TTTT, Leather Finishing Operations, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15624).

77. 40 C.F.R. Part 63, Subpart UUUU, Cellulose Products Manufacturing; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15625).

78. 40 C.F.R. Part 63, Subpart VVVV, Boat Manufacturing, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15626); amended November 19, 2021, at 86 FR 66038 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15614).

79. 40 C.F.R. Part 63, Subpart WWWW, Reinforced Plastic Composites Production; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15627).

80. 40 C.F.R. Part 63, Subpart XXXX, Rubber Tire Manufacturing; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15628).

81. 40 C.F.R. Part 63, Subpart YYYY, Stationary Combustion Turbines; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15629); amended March 9, 2022, at 87 FR 13183 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15630).

82. 40 C.F.R. Part 63, Subpart ZZZZ, Stationary Reciprocating Internal Combustion Engines; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15631); amended August 10, 2022, at 87 FR 48603 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15563), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566).

83. 40 C.F.R. Part 63, Subpart AAAAA, Lime Manufacturing Plants; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15632), amended July 16, 2024, at 89 FR 57738 (https://www.flrules.org/gateway/reference.asp?No=Ref-17623).

84. 40 C.F.R. Part 63, Subpart BBBBB, Semiconductor Manufacturing; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15633).

85. 40 C.F.R. Part 63, Subpart CCCCC, Coke Ovens: Pushing, Quenching, and Battery Stacks; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15634), amended July 5, 2024, at 89 FR 55684 (https://www.flrules.org/gateway/reference.asp?No=Ref-17621).

86. 40 C.F.R. Part 63, Subpart DDDDD, Industrial, Commercial, and Institutional Boilers and Process Heaters; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15635); amended October 6, 2022, at 87 FR 60816 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15636).

87. 40 C.F.R. Part 63, Subpart EEEEE, Iron and Steel Foundries; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15637).

88. 40 C.F.R. Part 63, Subpart FFFFF, Integrated Iron and Steel Manufacturing Facilities; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15638), amended April 3, 2024, at 89 FR 23294 (https://www.flrules.org/gateway/reference.asp?No=Ref-17629).

89. 40 C.F.R. Part 63, Subpart GGGGG, Site Remediation; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15639).

90. 40 C.F.R. Part 63, Subpart HHHHH, Miscellaneous Coating Manufacturing; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15640), amended February 22, 2023, at 88 FR 10842 (https://www.flrules.org/gateway/reference.asp?No=Ref-17626).

91. 40 C.F.R. Part 63, Subpart IIIII, Mercury Emissions from Mercury Cell Chlor-Alkali Plants; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15641); amended November 19, 2021, at 86 FR 66038 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15614); amended May 6, 2022, at 87 FR 27002 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15642).

92. 40 C.F.R. Part 63, Subpart JJJJJ, Brick and Structural Clay Products Manufacturing; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15643).

93. 40 C.F.R. Part 63, Subpart KKKKK, Clay Ceramics Manufacturing; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15644); amended November 19, 2021, at 86 FR 66038 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15614).

94. 40 C.F.R. Part 63, Subpart LLLLL, Asphalt Processing and Asphalt Roofing Manufacturing; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15645).

95. 40 C.F.R. Part 63, Subpart MMMMM, Flexible Polyurethane Foam Fabrication Operations; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15646); amended November 18, 2021, at FR 64385 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15648).

96. 40 C.F.R. Part 63, Subpart NNNNN, Hydrochloric Acid Production; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15647).

97. 40 C.F.R. Part 63, Subpart PPPPP, Engine Test Cells/Stands; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15649), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566).

98. 40 C.F.R. Part 63, Subpart QQQQQ, Friction Materials Manufacturing Facilities; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15650).

99. 40 C.F.R. Part 63, Subpart RRRRR, Taconite Iron Ore Processing; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15651), amended March 6, 2024, at 89 FR 16408 (https://www.flrules.org/gateway/reference.asp?No=Ref-17624).

100. 40 C.F.R. Part 63, Subpart SSSSS, Refractory Products Manufacturing; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11041); amended November 19, 2021, at 86 FR 66045 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15652).

101. 40 C.F.R. Part 63, Subpart TTTTT, Primary Magnesium Refining; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11042); amended November 19, 2021, at 86 FR 66045 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15652).

102. 40 C.F.R. Part 63, Subpart UUUUU, Coal and Oil-Fired Electric Utility Steam Generating Units; revised as of July 1, 2023 (https://www.flrules.org/gateway/reference.asp?No=Ref-17662), amended May 7, 2024, at 89 FR 38508 (https://www.flrules.org/gateway/reference.asp?No=Ref-17636).

103. 40 C.F.R. Part 63, Subpart YYYYY, Area Sources: Electric Arc Furnace Steelmaking Facilities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11044).

104. 40 C.F.R. Part 63, Subpart ZZZZZ, Iron and Steel Foundries Area Sources; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15654).

105. 40 C.F.R. Part 63, Subpart DDDDDD, Polyvinyl Chloride and Copolymers Production Area Sources; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11046).

106. 40 C.F.R. Part 63, Subpart EEEEEE, Primary Copper Smelting Area Sources; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11047).

107. 40 C.F.R. Part 63, Subpart FFFFFF, Secondary Copper Smelting Area Sources; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11048).

108. 40 C.F.R. Part 63, Subpart GGGGGG, Primary Nonferrous Metals Area Sources-Zinc, Cadmium, and Beryllium; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11049).

109. 40 C.F.R. Part 63, Subpart JJJJJJ, Industrial, Commercial, and Institutional Boilers, revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11050).

110. 40 C.F.R. Part 63, Subpart LLLLLL, Acrylic and Modacrylic Fibers Production Area Sources; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11051).

111. 40 C.F.R. Part 63, Subpart MMMMMM, Carbon Black Production Area Sources; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11052).

112. 40 C.F.R. Part 63, Subpart NNNNNN, Chemical Manufacturing Area Sources: Chromium Compounds; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11053).

113. 40 C.F.R. Part 63, Subpart OOOOOO, Flexible Polyurethane Foam Production and Fabrication Area Sources; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15655); amended November 18, 2021, at 86 FR 64385 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15648).

114. 40 C.F.R. Part 63, Subpart PPPPPP, Lead Acid Battery Manufacturing Area Sources; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15656), amended February 23, 2023, at 88 FR 11556 (https://www.flrules.org/gateway/reference.asp?No=Ref-17707).

115. 40 C.F.R. Part 63, Subpart QQQQQQ, Wood Preserving Area Sources; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15657).

116. 40 C.F.R. Part 63, Subpart RRRRRR, Clay Ceramics Manufacturing Area Sources; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15658).

117. 40 C.F.R. Part 63, Subpart SSSSSS, Glass Manufacturing Area Sources; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11058).

118. 40 C.F.R. Part 63, Subpart TTTTTT, Secondary Nonferrous Metals Processing Area Sources; revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15659).

(c) The National Emission Standards for Hazardous Air Pollutants adopted by reference in this rule shall be controlling over other standards in the air pollution rules of the Department, except that any emissions limiting standard contained in or determined pursuant to the air pollution rules of the Department which is more stringent than one contained in a National Emission Standard, or which regulates pollutants or emissions units not regulated by an applicable National Emission Standard, shall apply.

(d) General Subparts Adopted. The following general subparts of 40 C.F.R. Part 63, revised as of July 1, 2017, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 C.F.R. Part 63, Subpart A, General Provisions; revised as of July 1, 2023 (https://www.flrules.org/gateway/reference.asp?No=Ref-17659), amended March 6, 2024, at 89 FR 16408 (https://www.flrules.org/gateway/reference.asp?No=Ref-17624), amended April 3, 2024, at 89 FR 23294 (https://www.flrules.org/gateway/reference.asp?No=Ref-17629), amended April 5, 2024, at 89 FR 24090 (https://www.flrules.org/gateway/reference.asp?No=Ref-17595), amended May 7, 2024, at 89 FR 38508 (https://www.flrules.org/gateway/reference.asp?No=Ref-17636), amended May 13, 2024, at 89 FR 41648 (https://www.flrules.org/gateway/reference.asp?No=Ref-17638), amended May 16, 2024, at 89 FR 42932 (https://www.flrules.org/gateway/reference.asp?No=Ref-17617), amended July 5, 2024, at 89 FR 55684 (https://www.flrules.org/gateway/reference.asp?No=Ref-17621), amended July 16, 2024, at 89 FR 57738 (https://www.flrules.org/gateway/reference.asp?No=Ref-17623.

2. 40 C.F.R. Part 63, Subpart B, Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, §§112(g) and 112(j); revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11060), subject to the following provisions:

a. The “effective date of Section 112(g)(2)(B)” as defined in 40 C.F.R. §63.41 shall be July 1, 1997.

b. The “Notice of MACT Approval” as defined in 40 C.F.R. §63.41 shall be the air construction permit.

c. The “permitting authority” as defined in 40 C.F.R. §63.41 shall be the Department.

d. In lieu of the administrative procedures for review of the Notice of MACT Approval as set forth in 40 C.F.R. §63.43(f)(1) through (5), the Department will follow the permit processing procedures of Rule 62-4.055, F.A.C.

e. In lieu of the opportunity for public comment on the Notice of MACT Approval as set forth in 40 C.F.R. §63.43(h), the Department will provide opportunity for public comment on the Notice of MACT Approval pursuant to Rule 62-210.350, F.A.C.

f. The Notice of MACT Approval shall become effective upon issuance of the air construction permit by the Department.

3. 40 C.F.R. Part 63, Subpart C, List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity Designations, Source Category List; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11061); amended January 5, 2022, at 87 FR 396 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15661).

4. 40 C.F.R. Part 63, Subpart D, Compliance Extensions for Early Reductions of Hazardous Air Pollutants, revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11062); except any notice required to be published by the Department shall be prepared by the Department and published by the applicant with proof of publication submitted to the Department.

5. 40 C.F.R. Part 63, Subpart E, Approval of State Programs and Delegation of Federal Authorities; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11063).

(e) Appendices Adopted. The following appendices of 40 C.F.R. Part 63, revised as of July 1, 2017, or later as specifically indicated, are adopted and incorporated by reference:

1. Appendix A, Test Methods; revised as of July 1. 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15662), amended March 29, 2023, at 88 FR 18396 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17566).

2. Appendix B, Sources Defined for Early Reduction Provisions; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11064).

3. Appendix C, Determination of the Fraction Biodegraded (Fbio) in a Biological Treatment Unit; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11065).

4. Appendix D, Alternative Validation Procedure for EPA Waste and Wastewater Methods; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11066).

5. Appendix E, Monitoring Procedure for Nonthoroughly Mixed Open Biological Treatment Systems at Kraft Pulp Mills Under Unsafe Sampling Conditions; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11067).

(12) Title 40, Code of Federal Regulations, Part 64, Compliance Assurance Monitoring; revised as of July 1, 2017 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11068).

(13) Title 40, Code of Federal Regulations, Part 65, Consolidated Federal Air Rule. Subparts A through G of 40 C.F.R. Part 65, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15663), are adopted and incorporated by reference.

(14) (Reserved).

(15) Title 40, Code of Federal Regulations, Part 70, State Operating Permit Programs. The provisions of 40 C.F.R. Part 70, §§70.1 through 70.11, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15664), amended July 21, 2023, at 88 FR 47029 (https://www.flrules.org/gateway/reference.asp?No=Ref-17644), are adopted and incorporated by reference.

(16) Title 40, Code of Federal Regulations, Part 72, Permits Regulation.

(a) Subparts A through I of 40 C.F.R. Part 72, revised as of July 1, 2016 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08884), are adopted and incorporated by reference.

(b) Appendices A through D of 40 C.F.R. Part 72, revised as of July 1, 2016 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08884), are adopted and incorporated by reference.

(17) Title 40, Code of Federal Regulations, Part 73, Sulfur Dioxide Allowance System. Subparts A through G of 40 C.F.R. Part 73, revised as of July 1, 2016 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08885), are adopted and incorporated by reference.

(18) Title 40, Code of Federal Regulations, Part 74, Sulfur Dioxide Opt-Ins. Subparts A through F of 40 C.F.R. Part 74, revised as of July 1, 2016 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08886), are adopted and incorporated by reference.

(19) Title 40, Code of Federal Regulations, Part 75, Continuous Emission Monitoring.

(a) Subparts A through H of 40 C.F.R. Part 75, revised as of July 1, 2016 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08887), are adopted and incorporated by reference.

(b) Appendices of A through J of 40 C.F.R. Part 75, revised as of July 1, 2016 (http://www.flrules.org/Gateway/reference.asp?No=Ref-08887), are adopted and incorporated by reference.

(20) Title 40, Code of Federal Regulations, Part 76, Acid Rain Nitrogen Oxides Emission Reduction Program, revised as of July 1, 2016 (http://www.flrules.org/Gateway/reference.asp?No=Ref-08888), is adopted and incorporated by reference.

(21) Title 40, Code of Federal Regulations, Part 77, Excess Emissions, revised as of July 1, 2016 (http://www.flrules.org/Gateway/reference.asp?No=Ref-08889), is adopted and incorporated by reference.

(22) Title 40, Code of Federal Regulations, Part 78, Appeal Procedures for Acid Rain Program, revised as of July 1, 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15665), is adopted and incorporated by reference.

(23) Title 40, Code of Federal Regulations, Part 81, Designation of Areas for Air Quality Planning Purposes.

(a) The provisions of 40 C.F.R., §81.49, §81.68, §81.91, §81.95, §81.96, and §81.97, revised as of July 1, 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11069), are adopted and incorporated by reference.

(b) The provisions of 40 C.F.R. Part 81, §81.310, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15666), are adopted and incorporated by reference.

(c) The provisions of 40 C.F.R. Part 81, Subpart D, revised as of July 1, 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-11071), are adopted and incorporated by reference.

(24) Title 40, Code of Federal Regulations, Part 82, Protection of Stratospheric Ozone. Subpart A of 40 C.F.R. Part 82, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15667), or later as specifically indicated, is adopted and incorporated by reference.

(25) Title 40, Code of Federal Regulations, Part 89, Control of Emissions From New and In-Use Nonroad Compression-Ignition Engines. Subparts A and B of 40 C.F.R. Part 89, revised as of July 1, 2021 (https://www.flrules.org/Gateway/reference.asp?No=Ref-15668), are adopted and incorporated by reference.

(26) Title 40, Code of Federal Regulations, Part 93, Determining Conformity of Federal Actions to State or Federal Implementation Plans. Subparts A and B of 40 C.F.R. Part 93, revised as of July 1, 2021 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15669).

History

• Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872, 403.8055 FS. History–New 3-13-96, Amended 6-25-96, 10-7-96, 10-17-96, 12-20-96, 4-18-97, 6-18-97, 7-7-97, 10-3-97, 12-10-97, 3-2-98, 4-7-98, 5-20-98, 6-8-98, 10-19-98, 4-1-99, 7-1-99, 9-1-99, 10-1-99, 4-1-00, 10-1-00, 1-1-01, 8-1-01, 10-1-01, 4-1-02, 7-1-02, 10-1-02, 1-1-03, 4-1-03, 10-1-03, 1-1-04, 4-1-04, 7-1-04, 10-1-04, 1-1-05, 4-1-05, 7-1-05, 10-1-05, 1-1-06, 4-1-06, 7-1-06, 9-4-06, 9-6-06, 1-8-07, 1-31-07, 4-2-07, 5-31-07, 7-2-07, 10-1-07, 2-1-08, 7-1-08, 10-1-08, 10-6-08, 12-1-08, 11-18-09, 6-11-10, 7-1-10, 10-1-10, 12-30-10, 12-1-11, 12-1-12, 5-22-13, 12-17-13, 1-24-14, 1-14-15, 1-7-16, 10-23-16, 1-13-17, 12-21-17, 9-25-18, 8-12-19, 4-2-20, 6-15-20, 10-8-21, 7-14-23, 1-21-25.

Chapter 62-210 STATIONARY SOURCES - GENERAL REQUIREMENTS

Fla. Admin. Code R. 62-210.100 Purpose and Scope

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-9-93, Formerly 17-210.100, Amended 11-23-94, 1-10-07, Repealed 2-16-12.

Fla. Admin. Code R. 62-210.200 Definitions

The following words and phrases when used in this chapter and in Chapters 62-204, 62-212, 62-213, 62-214, 62-296, and 62-297, F.A.C., shall, unless the context clearly indicates otherwise, have the following meanings:

(1) “Acid Mist” – Liquid drops of any size of any acid including sulfuric acid, sulfur dioxide and sulfur trioxide as measured by EPA test method 8, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(2) “Acid Rain Compliance Option” – A method of compliance available to an Acid Rain unit under the Federal Acid Rain Program.

(3) “Acid Rain Compliance Plan” – That portion of an Acid Rain Part application submitted by the designated representative of an Acid Rain source which specifies the methods, or compliance options, by which each Acid Rain unit at the source will meet the applicable Acid Rain emissions limitation and Acid Rain emissions reduction requirements.

(4) “Acid Rain Part” – That separate portion of the Title V source permit specifying the Federal Acid Rain Program requirements for an Acid Rain source, and for the owners, operators and the designated representative of the Acid Rain source or the Acid Rain unit.

(5) “Acid Rain Program or Federal Acid Rain Program” – The national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established pursuant to 42 U.S.C. sections 7651-7651o and 40 C.F.R. Parts 72, 73, 75, 76, 77, and 78, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(6) “Acid Rain Source” – A Title V source with one or more Acid Rain units.

(7) “Acid Rain Unit” – A fossil fuel-fired combustion device listed as subject to any Acid Rain emissions reduction requirement or Acid Rain emissions limitation at 40 C.F.R. 72.6 or 79.2, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(8) “Actual Emissions” – The actual rate of emission of a pollutant from an emissions unit as determined in accordance with the following provisions:

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of the normal operation of the emissions unit. The Department shall allow the use of a different time period upon a determination that it is more representative of the normal operation of the emissions unit. Actual emissions shall be calculated using the emissions unit’s actual operating hours, production rates and types of materials processed, stored, or combusted during the selected time period.

(b) The Department may presume that unit-specific allowable emissions for an emissions unit are equivalent to the actual emissions of the emissions unit provided that such unit-specific allowable emissions limits are federally enforceable.

(c) For any emissions unit that has not begun normal operations on a particular date, actual emissions shall equal the potential emissions of the emissions unit on that date.

(9) “Administrator” – The Administrator of the United States Environmental Protection Agency or the Administrator’s designee.

(10) “Affected Pollutant” – In a nonattainment area or area of influence for any pollutant other than ozone, the pollutant for which the area is designated nonattainment. In the case of an ozone nonattainment area classified as marginal or higher, the affected pollutants are volatile organic compounds (VOC) and nitrogen oxides (NOx). For a transitional ozone nonattainment area, the affected pollutant is VOC only. A pollutant is no longer an affected pollutant upon redesignation of the nonattainment area to an attainment area by the U.S. Environmental Protection Agency.

(11) “Affected States” – All states, specifically, Alabama, Georgia, or Mississippi or any combination thereof, whose air quality may be affected by the operation of, or that are within 50 miles of, a Title V source for which a permit, permit revision, or permit renewal is being proposed under Chapter 62-213, F.A.C.

(12) “Air Curtain Incinerator” – A portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain.

(13) “Air Dried Coating” – Coatings which are dried by the use of air or forced warm air at temperatures up to 194 degrees Fahrenheit (90 degrees Celsius).

(14) “Air General Permit” – An authorization by rule as described in subsection 62-210.300(4), F.A.C., to construct or operate an air pollutant emitting facility. Use of such authorization by any individual facility does not require agency action.

(15) “Air Pollutant” – Any substance (particulate, liquid, gaseous, organic or inorganic) which if released, allowed to escape, or emitted, whether intentionally or unintentionally, into the outdoor atmosphere may result in or contribute to air pollution.

(16) “Air Pollution” – The presence in the outdoor atmosphere of the state of any one or more substances or pollutants in quantities which are or may be harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

(17) “Air Quality Control Region” – Any air quality control region designated pursuant to Section 107 of the Clean Air Act. The boundaries of the air quality control regions in Florida are set forth in 40 C.F.R. Part 81, Sections 81.49, 81.68, 81.91, 81.95, 81.96 and 81.97, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(18) “Air Quality Maintenance Area” – Any area that was designated as “Nonattainment” for a specific National Ambient Air Quality Standard (NAAQS) and was redesignated as “Attainment” for that NAAQS and subject to a maintenance plan as required by Clean Air Act section 175A. Air Quality Maintenance Areas have a duration of 20 years from their initial approval. Initial approval dates are specified in 40 C.F.R. Part 52, Subpart K, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(19) “Allowable Emissions” – The emission rate calculated using the maximum rated capacity of the emissions unit, as limited or modified by any state or federally enforceable restrictions on the operating rate or hours of operation, or both, and the most stringent state or federal emission limiting standard applicable to the emissions unit; or the maximum allowable emission rate specified by any state or federally enforceable permit conditions.

(20) “Ambient Air Quality Standard” or “Ambient Standard” – A restriction specified at 40 C.F.R. Part 50, and monitored by the Department pursuant to 40 C.F.R. Part 53 and 58, all adopted and incorporated by reference at Rule 62-204.800, F.A.C., to limit the quantity or concentration of an air pollutant that may be allowed to exist in the ambient air for any specific period of time.

(21) “Animal Crematory” – Any combustion apparatus used solely for the cremation of animal remains.

(22) “Applicable Requirement” – For purposes of the permitting requirements of Chapter 62-213, F.A.C., applicable requirement means all of the following as they apply to a Title V source or any emissions unit at such source:

(a) Any standard or other requirement provided for in the State Implementation Plan or Designated Facility Plan.

(b) Any term or condition of any preconstruction permit issued by the Environmental Protection Agency pursuant to 40 C.F.R. §52.21 or by the Department pursuant to subparagraph 62-204.800(11)(d)2., F.A.C. (formerly subparagraph 62-204.800(10)(d)2.); Rule 62-212.300, F.A.C. (formerly Rule 17-212.300, formerly Rule 17-2.520); Rule 62-212.400, F.A.C. (formerly Rule 17-212.400, formerly Rule 17-2.500); Rule 62-212.500, F.A.C. (formerly Rule 17-212.500, formerly Rule 17-2.510); Rule 62-212.720, F.A.C.; Rule 17-2.17, F.A.C. (repealed); or Rule 62-4.210, F.A.C. (formerly Rule 17-4.210, formerly Rule 17-4.21).

(c) Any term or condition of any air operation permit issued pursuant to paragraph 62-210.300(2)(b), F.A.C.

(d) Any standard or other requirement under Chapter 62-4, 62-204, 62-210, 62-212, 62-213, 62-214, 62-252, 62-256, 62-257, 62-281, 62-296, or 62-297, F.A.C.

(e) Any standard or other requirement pursuant to the definition of “applicable requirement” in 40 C.F.R. §70.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(f) If incorporated into the Specific Operating Agreement with the Department, any standard or other requirement adopted by a local air pollution control program having geographical jurisdiction over the emission unit, unless such standard or requirement conflicts with the provisions of the Federal Acid Rain Program or the Florida Electrical Power Plant Siting Act.

(23) “Application Area” – The area where a coating is applied by spraying, dipping, or flowcoating techniques.

(24) “Approved Conditional Compliance Option” – A conditional compliance option which has been incorporated into the Acid Rain Part.

(25) “Area of Influence” – An area which is outside the boundary of a nonattainment or air quality maintenance area but within the locus of all points that are fifty kilometers outside of the boundary of the nonattainment or air quality maintenance area.

(26) “Asphalt” – A dark brown to black cementitious material (solid, semi-solid, or liquid in consistency) in which the predominating constituents are bitumens which occur in nature as such or which are obtained as a residue in refining petroleum.

(27) “Asphalt Concrete Plant” or “Hot Mix Asphalt Plant” – Any facility that produces hot mix asphalt by heating and drying aggregate and mixing with asphalt cements.

(28) “Attainment Area” – Any area attaining a National Ambient Air Quality Standard for a particular pollutant and designated as “Attainment” in 40 C.F.R. Part 81, §81.310, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(29) “Base Emission Limit” – The maximum emission offset that any emissions unit is eligible to provide to another emissions unit. In an ozone nonattainment area classified as marginal or higher, the base emission limit is defined separately for emissions of volatile organic compounds (VOC) and nitrogen oxides (NOx).

(30) “Baseline Actual Emissions” and “Baseline Actual Emissions for PAL” – The rate of emissions, in tons per year, of a PSD pollutant, as follows:

(a) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding the date a complete permit application is received by the Department. The Department shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups and shutdowns.

2. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.

3. For a PSD pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each PSD pollutant.

4. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subparagraph (a)2., above.

(b) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding the date a complete permit application is received by the Department, except that the 10-year period shall not include any period earlier than November 15, 1990.

1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups and shutdowns.

2. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

3. The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period.

4. For a PSD pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each PSD pollutant.

5. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subparagraphs (b)2. and 3., above.

(c) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s potential to emit.

(31) “Baseline Area” –

(a) The baseline area for sulfur dioxide is all of the state.

(b) The baseline area for nitrogen dioxide is all of the state.

(c) The baseline area for PM10 is all of the state.

(d) The baseline area for PM2.5 is all of the state.

(32) “Baseline Concentration” – For each pollutant for which a minor source baseline date is established and for each averaging time for which a maximum allowable increase is established, the ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date.

(a) The baseline concentration shall include the concentration attributable to:

1. The actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided at paragraph (b), below; and,

2. The federally enforceable allowable emissions of major stationary sources on which construction commenced on or before the major source baseline date but which were not in operation by the applicable minor source baseline date.

(b) The baseline concentration shall not include the concentration attributable to the following emissions; rather, such emissions shall affect the amount of any applicable allowable increase remaining available:

1. The actual emissions from any major stationary source on which construction commenced after the major source baseline date; and,

2. Any increase or decrease in the actual emissions of facilities occurring after the applicable minor source baseline date.

(c) For purposes of this definition, “construction” means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, shutdown or modification of an emissions unit) that would result in a change in emissions, and “commence construction” has the meaning given at Rule 62-210.200, F.A.C., provided, however, that in the case of demolition or shutdown of an emissions unit, “commence construction” means that the owner or operator has permanently ceased all operations of the unit.

(d) Notwithstanding the provisions of paragraph (b) above:

1. The change in concentration attributable to any decrease in the actual emissions of a facility on which the Department has relied in demonstrating attainment, defining reasonable further progress, or issuing a permit under the provisions of Rule 17-2.17 (repealed), 17-2.510 (transferred), 17-2.650 (transferred), 62-212.500, 62-296.500 through 62-296.570, or 62-296.700 through 62-296.712, F.A.C., shall be included in the baseline concentration and not be considered in determining the amount of any maximum allowable increase remaining available; and,

2. Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified facilities shall be excluded in determining compliance with any maximum allowable increase.

(33) “Batch Process” – A process which takes in the basic raw materials at the beginning of a cycle and processes them in accordance with a predetermined scheme during which no more basic raw materials are added to the process. Two variations include:

(a) Processes where some of the reactants (materials) are added at the beginning with the remainder added as the reaction progresses.

(b) Processes where once the materials are added, one or more products are continuously removed as the reaction progresses.

Such processes include production of super phosphate, basic oxygen furnaces, and concrete batching plants.

(34) “Best Available Control Technology” or “BACT” –

(a) An emission limitation, including a visible emissions standard, based on the maximum degree of reduction of each pollutant emitted which the Department, on a case by case basis, determines is achievable through application of production processes and available methods, systems and techniques (including fuel cleaning or treatment or innovative fuel combustion techniques) for control of each such pollutant, taking into account:

1. Energy, environmental and economic impacts, and other costs,

2. All scientific, engineering, and technical material and other information available to the Department; and,

3. The emission limiting standards or BACT determinations of Florida and any other state.

(b) If the Department determines that technological or economic limitations on the application of measurement methodology to a particular part of an emissions unit or facility would make the imposition of an emission standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reductions achievable by implementation of such design, equipment, work practice or operation.

(c) Each BACT determination shall include applicable test methods or shall provide for determining compliance with the standard(s) by means which achieve equivalent results.

(d) In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63.

(35) “Biological Waste” – Solid waste that causes or has the capability of causing disease or infection and which includes biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals.

(36) “Biological Waste Incinerator” – Any incinerator operated or utilized for the disposal or treatment of biological waste. The term does not include any air curtain incinerator used or authorized by the Department of Agriculture and Consumer Services for the emergency destruction of animal carcasses.

(37) “Biomass” – Vegetative matter and untreated wood.

(38) “Biomedical Waste” – Any solid or liquid waste which may present a threat of infection to humans, including nonliquid tissue, body parts, blood, blood products, and body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease-causing agents; and discarded sharps. The following are also included:

(a) Used absorbent materials saturated with blood, blood products, body fluids, or excretions or secretions contaminated with visible blood; and absorbent materials saturated with blood or blood products that have dried.

(b) Non-absorbent, disposable devices that have been contaminated with blood, body fluids, or secretions or excretions visibly contaminated with blood, but have not been treated by a method listed in Section 381.0098, F.S., or a method approved pursuant to Chapter 64E-16, F.A.C.

(39) “Black Liquor Solids” – The dry weight of the solids which enter the kraft recovery furnace in the black liquor.

(40) “Building Enclosure” – A building or room enclosure that contains an activity, process, or emissions unit that emits an air pollutant.

(41) “Bulk Gasoline Plant” – Any gasoline storage and distribution facility that receives gasoline from bulk terminals by pipeline, ship, barge, or gasoline cargo tank, stores it in tanks, and subsequently delivers it to resellers, farms, businesses, service stations, or other end users, and that has an annual average daily throughput of less than 20,000 gallons (75,700 liters), calculated on the basis of the number of calendar days that the facility receives or distributes gasoline.

(42) “Bulk Gasoline Terminal” – Any gasoline storage and distribution facility that receives gasoline from its supply sources primarily by pipeline, ship, barge, or gasoline cargo tank and delivers gasoline to bulk gasoline plants or to commercial or retail accounts primarily by tanker truck or trailer, and that has an annual average daily throughput of equal to or more than 20,000 gallons (75,700 liters) of gasoline, calculated on the basis of the number of calendar days that the facility receives or distributes gasoline.

(43) “Calciner” – A device used to calcine lime mud, consisting primarily of calcium carbonate, into quicklime (calcium oxide), by using a fluidized bed to burn or reburn the lime mud in suspension.

(44) “Capacity Factor” – The ratio of the average load on or output of a machine or unit operation to the permitted capacity rating of the machine or unit operation for a normal operation period or cycle. The “capacity factor” shall be expressed as a percent of rating.

(45) “Capture” – The containment or recovery of emissions from an activity, process, or emissions unit for direction into a duct which may be exhausted through a stack or sent to a destructive or nondestructive control device.

(46) “Capture Efficiency” – The weight per unit time of an air pollutant entering a capture system and delivered to a control device divided by the weight per unit time of the total amount of the same air pollutant which was generated by the emissions unit or emissions units served by the capture system, expressed as a percentage.

(47) “Capture System” – All equipment, including hoods, ducts, fans, booths, ovens, dryers, etc., used to contain, collect, capture, or transport a pollutant to a control device.

(48) “Carbon Adsorption System” – A device containing adsorbent material (e.g., activated carbon, aluminum, silica gel); an inlet and outlet for exhaust gases; and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all VOC adsorbed.

(49) “Carbonaceous Fuel” – Solid materials composed primarily of vegetative matter such as tree bark, wood waste, or bagasse.

(50) “Carbonaceous Fuel Burning Equipment” – A firebox, furnace or combustion device which burns only carbonaceous fuel or carbonaceous fuel along with fossil fuels for the primary purpose of producing steam or to heat other liquids or gases. The term includes bagasse burners, bark burners, and waste wood burners, but does not include teepee or conical wood burners or incinerators.

(51) “Cast Polymer Operation” – An operation where gel coat resin is sprayed or otherwise applied to a mold, after which a casting resin is applied without spraying. A cast polymer operation does not incorporate the spray lay-up of fiber reinforcement.

(52) “Cause or Contribute” – With respect to a violation of an ambient air quality standard, to have a significant impact on the ambient air concentration of a pollutant at any locality that does not or would not meet the applicable standard.

(53) “C.F.R.” or “CFR” – Code of Federal Regulations

(54) “Class I Area” – The following areas are designated as Class I areas.

(a) Areas designated at 40 C.F.R. Part 81, Subpart D, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) Bradwell Bay National Wilderness Area.

(55) “Class II Area” – All areas of the state are designated Class II except for those areas designated Class I.

(56) “Clean Air Act (CAA)” or “Act” – The Federal Clean Air Act (42 U.S.C. s. 7401 et seq.)

(57) “Clean Coal Technology” – Any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.

(58) “Clean Coal Technology Demonstration Project” – A project using funds appropriated under the heading “Department of Energy – Clean Coal Technology,” up to a total amount of $2,500,000,000.00 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project. A temporary clean coal technology demonstration project is a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the state implementation plans for the state in which the project is located and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

(59) “Clear Coat ” – A coating which lacks color and opacity or is transparent and uses the undercoat as a reflectant base or undertone color.

(60) “Coating” – The application of a protective, decorative, or functional film to a surface.

(61) “Coating Application System” – Any operations and equipment which apply, convey, and dry a surface coating, including spray booths, flow coaters, conveyors, flashoff areas, air dryers and ovens.

(62) “Coating Applicator” – An apparatus used to apply a surface coating to a surface.

(63) “Coating Line” – One or more apparatus or operations which include a coating applicator, flashoff area, and oven wherein a surface coating is applied, dried and/or cured.

(64) “Coil Coating” – The coating of any flat metal sheet or strip that comes in rolls or coils.

(65) “Cold Cleaning” – The batch process of cleaning and removing soils from metal surfaces by brushing, flushing or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this definition.

(66) “Cold Mixed Asphaltic Concrete Patching Material” – A mixture of asphalt cement, stone aggregate, and mineral filler blended together with a small amount of petroleum solvent (diluent). The diluent prevents the material from hardening after the heat of mixing has dissipated, thereby allowing stockpile storage of the material for use in pavement repairs when the use of hot asphaltic concrete is impractical.

(67) “Commence Construction” – As applied to the construction or modification of a facility, means that the owner has all preconstruction permits and approvals required under federal air pollution control laws and regulations and those air pollution control laws and regulations which are part of the State Implementation Plan (SIP) or which are part of Chapter 62-210 or 62-212, F.A.C., to the extent that the provisions of these laws and regulations specify conditions or requirements for obtaining a state construction permit for an emissions unit, and:

(a) Begins a continuous program of actual onsite construction or physical modification of the facility, to be completed within a time commensurate with the nature of the construction project; or

(b) Enters into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction or physical modification of the facility to be completed within a time commensurate with the nature of the construction project; or

(c) Begins those onsite activities, other than preparatory activities, which mark the initiation of a change in the method of operation of the facility.

(68) “Commence Operation” –

(a) For purposes of the Acid Rain Program, to begin any mechanical, chemical, or electronic process, including start-up of an emissions control technology or emissions monitor or of an emissions unit’s combustion chamber.

(b) Otherwise, to set into operation any emissions unit for any purpose.

(69) “Complete” – In reference to an application for a permit, means that the application contains all of the information necessary for processing the application, except as otherwise provided in Rule 62-213.420, F.A.C.

(70) “Condensable Particulate Matter” or “Condensable PM” or “CPM” – Gaseous emissions from a source or activity which condense at ambient temperatures to form particulate matter.

(71) “Condensate” – Hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature and/or pressure and remains liquid at standard conditions.

(72) “Condensate Stripper System” – A column and associated condensers, used to strip, with air or steam, total reduced sulfur (TRS) compounds from contaminated condensate streams.

(73) “Conditional Compliance Option” – A compliance option submitted as part of an Acid Rain compliance plan which is not intended to be immediately active, but which may be activated at a later date during the term of the permit.

(74) “Construction” –

(a) The act of performing onsite fabrication, erection, installation or modification of an emissions unit or facility of a permanent nature, including installation of foundations or building supports; laying of underground pipe work or electrical conduit; and fabrication or installation of permanent storage structures, component parts of an emissions unit or facility, associated support equipment, or utility connections. Land clearing and other site preparation activities are not a part of the construction activities.

(b) For the purposes of Rules 62-212.300, 62-212.400, 62-212.500, and 62-212.720, F.A.C., construction means any physical change or change in the method of operation (including fabrication, erection, installation, or modification of an emissions unit) that would result in a change in emissions.

(c) For the purposes of the provisions of 40 C.F.R. Parts 60 and 61, adopted by reference in Rule 62-204.800, F.A.C., construction means fabrication, erection, or installation of an affected facility.

(d) For the purposes of the provisions of 40 C.F.R. Part 63, adopted by reference in Rule 62-204.800, F.A.C., construction means the onsite fabrication, erection, or installation of an affected source. Construction does not include the removal of all equipment comprising an affected source from an existing location and reinstallation of such equipment at a new location. The owner or operator of an existing affected source that is relocated may elect not to reinstall minor ancillary equipment including piping, ductwork, and valves. However, removal and reinstallation of an affected source will be construed as reconstruction if it satisfies the criteria for reconstruction as defined in this section. The costs of replacing minor ancillary equipment must be considered in determining whether the existing affected source is reconstructed.

(75) “Continuous Emissions Monitoring System” or “CEMS” – All of the equipment that may be required to meet the data acquisition and availability requirements to sample, condition or analyze; and provide a record of emissions on a continuous basis.

(76) “Continuous Monitoring System” – All equipment, required under applicable rules, used to calibrate, sample, condition (if applicable), and analyze air pollutant emissions, or used to provide a permanent record of emissions or process parameters.

(77) “Continuous Parameter Monitoring System” or “CPMS” – All of the equipment necessary to meet the data acquisition and availability requirements of 40 C.F.R. 52.21, adopted by reference in Rule 62-204.800, F.A.C., to monitor process and control device operational parameters including control device secondary voltages and electric currents; and other information including gas flow rate, oxygen or carbon dioxide concentrations; and to record average operational parameter value (s) on a continuous basis.

(78) “Control Device” or “Control Equipment” –Device or equipment, including that used to separate entrained particulate matter or organic vapors from gases, gas separation equipment, thermal oxidation equipment, and chemical reaction/conversion equipment, which is designed and used to reduce the discharge of a specific air pollutant to the atmosphere.

(a) “Destructive Control Device” – Any device intended and designed for the reduction of VOC pollutant emissions from an emissions unit which alters the chemical composition of the pollutant flowing through the device.

(b) “Non-Destructive Control Device” – Any device intended and designed for the reduction of VOC pollutant emissions from an emissions unit which does not alter the chemical composition of the pollutant flowing through the device.

(79) “Control System” – A combination of one or more capture systems and control devices working in concert to reduce the discharges of an air pollutant to the ambient air.

(80) “Conveyorized Degreasing” – The continuous process of cleaning and removing soils from metal surfaces by operating with either cold or vaporized solvents.

(81) “Cross Recovery Furnace” – A furnace used to recover chemicals consisting primarily of sodium and sulfur compounds by burning black liquor which on a quarterly basis contains more than 7 weight percent of the total pulp solids from the neutral sulfite semichemical (NSSC) process and has a green liquor sulfidity of more than 28 percent.

(82) “Crude Oil” – A naturally occurring mixture which consists of hydrocarbons and/or sulfur, nitrogen and/or oxygen derivatives of hydrocarbons and which is liquid at standard conditions.

(83) “Cutback Asphalt” – Asphalt cement which has been liquefied by blending with petroleum solvents (diluents). Upon exposure to atmospheric conditions the diluents evaporate, leaving the asphalt cement to perform its function.

(84) “Department” – The State of Florida Department of Environmental Protection.

(85) “Designated Facility Plan” – Collectively, all plans and plan revisions of a state approved by the Administrator pursuant to Section 111(d) of the Clean Air Act. Unless otherwise stated, the term refers specifically to the Designated Facility Plan for the State of Florida, identified in 40 C.F.R. Part 62, Subpart K, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(86) “Designated Representative” –

For the purposes of the Acid Rain Program, a responsible natural person authorized, by the owners and operators of an Acid Rain source and of all Acid Rain units at the source, in accordance with 40 C.F.R. Part 72, Subpart B, adopted and incorporated by reference in Rule 62-204.800, F.A.C., to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program.

(87) “Destruction or Removal Efficiency” – The weight per unit time of an air pollutant entering a control device or set of control devices minus the weight per unit time of that air pollutant exiting the control device(s), divided by the weight per unit time of that air pollutant entering the control device(s), expressed as a percentage.

(88) “Digester System” – Each continuous digester or each batch digester used for the cooking of wood in white liquor, and associated flash tank(s), blow tank(s), chip steamer(s) and condenser(s).

(89) “Digital Printing” – The transfer of electronic files directly from the computer to an electronically driven output device that prints the image directly on the selected media (substrate).

(90) “Draft Permit” – The version of a Title V permit for which the Department offers public participation under subsection 62-210.350(3), F.A.C., or affected state review under subsection 62-213.450(2), F.A.C.

(91) “Dry Cleaning Facility” – A facility engaged in the cleaning of fabrics in a nonaqueous solvent by means of one or more washes in solvent, extraction of excess solvent by spinning, and drying by tumbling in an airstream. The facility includes washer, dryer, filter and purification systems; emission control equipment; waste disposal systems; holding tanks; pumps and attendant piping and valves.

(92) “Electric Utility” – Cities and towns, counties, public utility districts, regulated electric companies, electric cooperatives, and joint operating agencies, or combinations thereof, engaged in, or authorized to engage in, the business of generating, transmitting, or distributing electric energy.

(93) “Electron Beam-Cured” – An ink and coating drying process by which monomers, oligomers, and other components polymerize to form a film when exposed to an electron beam radiation.

(94) “Electric Utility Steam Generating Unit” – Any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the unit.

(95) “Emission” – The discharge or release into the atmosphere of one or more air pollutants.

(96) “Emission Limiting Standard” or “Emission Standard” or “Emission Limitation” or “Performance Standard” – Any restriction established in or pursuant to a regulation adopted by the Department which limits the quantity, rate, concentration or opacity of any pollutant released, allowed to escape or emitted, whether intentionally or unintentionally, into the atmosphere, including any restriction which prescribes equipment, sets fuel specifications, or prescribes operation or maintenance procedures for an emissions unit to assure emission reduction or control.

(97) “Emission Offset” or “Offset” – A compensating reduction in the emissions of an affected pollutant from a permitted emissions unit to provide an emission allowance for a new or modified emissions unit.

(98) “Emission Point” or “Discharge Point” – The point at which an air pollutant first enters the atmosphere.

(99) “Emissions Unit” – Any part or activity of a facility that emits or has the potential to emit any air pollutant.

(100) “End Sealing Compound” – A synthetic rubber compound which when coated on a can end functions as a gasket when the end is assembled on the can.

(101) “Environmental Protection Agency” or “EPA” – The United States Environmental Protection Agency.

(102) “Existing Emissions Unit” – For the purposes of Chapter 62-212, F.A.C., an “existing emissions unit” shall mean an emissions unit which is not a new emissions unit.

(103) “Exterior Base Coating” – A coating applied to the exterior of a can to provide exterior protection to the metal and background for the lithographic or printing operation.

(104) “External Floating Roof” – A storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

(105) “Extreme Performance Coating” – Coating designed to withstand exposure to harsh conditions such as continuous weather exposure and temperatures consistently above 203 degrees Fahrenheit (95 degrees Celsius), or abrasive and scouring agents.

(106) “Fabric Coating” – The coating of a textile substrate with a knife, roll, or rotogravure coater to impart properties that are not initially present, such as strength, stability, water or acid repellency, or appearance.

(107) “Facility” – All of the emissions units which are located on one or more contiguous or adjacent properties, and which are under the control of the same person (or persons under common control).

(108) “Federal Land Manager” – With respect to any lands in the United States, the Secretary of the department with authority over such lands.

(109) “Federally-Enforceable” – Pertaining to limitations and conditions which are enforceable by the Administrator, including any requirements developed pursuant to Title 40 of the Code of Federal Regulations, any requirements within the State Implementation Plan, and any requirements established pursuant to permits issued under:

(a) The state’s Title V operation permit program, consistent with 40 C.F.R. Part 70.

(b) Paragraph 62-210.300(2)(b), F.A.C.;

(c) 40 C.F.R. 52.21; or

(d) Subparagraph 62-204.800(11)(d)2., F.A.C. (formerly subparagraph 62-204.800(10)(d)2.); Rule 62-212.300, F.A.C. (formerly Rule 17-212.300, formerly Rule 17-2.520); Rule 62-212.400, F.A.C. (formerly Rule 17-212.400, formerly Rule 17-2.500); Rule 62-212.500, F.A.C. (formerly Rule 17-212.500, formerly Rule 17-2.510); Rule 17-2.17, F.A.C. (repealed); or Rule 62-4.210, F.A.C. (formerly Rule 17-4.210, formerly 17-4.21).

(110) “Final Permit” – The version of a Title V source permit issued by the Department for which all review procedures required by Rule 62-213.450, F.A.C., have been completed.

(111) “Firebox” – The chamber or compartment of a boiler or furnace in which materials are burned but does not mean the combustion chamber of an incinerator.

(112) “Flashoff Area” – The space between the application area and the oven.

(113) “Flexographic Printing” – The application of words, designs and pictures to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastomeric materials.

(114) “Fossil Fuel” – Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.

(115) “Fossil Fuel Steam Generators” – A furnace or boiler which produces steam by combustion of oil, coal, or gas of fossil origin.

(116) “Fountain Solution” – A mixture of water and other volatile and non-volatile chemicals and additives that maintains the quality of the printing plate and reduces the surface tension of the water so that it spreads easily across the printing plate surface. The fountain solution wets the non-image area so that the ink is maintained within the image areas. Non-volatile additives include mineral salts and hydrophilic gums.

(117) “Fountain Solution Additives” – Wetting additives that include alcohol and alcohol substitutes, including isopropyl alcohol, glycol ethers and ethylene glycol, which are used to reduce the surface tension of the fountain solution.

(118) “Freeboard Height” –

(a) For heated vapor degreasers is the distance from the top of the vapor zone to the top of the degreaser tank.

(b) For cold cleaning degreasers is the distance from the solvent to the top edge of the cold cleaner.

(119) “Freeboard Ratio” – The freeboard height divided by the width of the degreaser.

(120) “Fugitive Emissions” – Those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.

(121) “Gasoline” – Any petroleum distillate having a Reid vapor pressure of 4 psia (27.6 kilopascals) or greater.

(122) “Gasoline Cargo Tank” – A delivery tanker truck, trailer, or railcar that is loading or unloading gasoline.

(123) “Gasoline Dispensing Facility” – Any stationary facility that dispenses gasoline directly into the fuel tank of a motor vehicle.

(124) “Green Liquor Sulfidity” – The sulfidity of the liquor which leaves the smelt dissolving tank.

(125) “Hardboard” – A panel manufactured primarily from inter-felted lignocellulosic fibers which are consolidated under heat and pressure in a hot press.

(126) “Hardwood Plywood” – Plywood whose surface layer is a veneer or hardwood.

(127) “Hazardous Air Pollutant (HAP)” – An air pollutant:

(a) Identified by the CAS number or chemical name from the following list:

CAS Number

Chemical Name

75070

Acetaldehyde

60355

Acetamide

75058

Acetonitrile

98862

Acetophenone

53963

2-Acetylaminofluorene

107028

Acrolein

79061

Acrylamide

79107

Acrylic acid

107131

Acrylonitrile

107051

Allyl chloride

92671

4-Aminobiphenyl

62533

Aniline

90040

o-Anisidine

0

Antimony Compounds

0

Arsenic Compounds (inorganic including arsine)

1332214

Asbestos

71432

Benzene (including benzene from gasoline)

92875

Benzidine

98077

Benzotrichloride

100447

Benzyl chloride

0

Beryllium Compounds

92524

Biphenyl

117817

Bis (2-ethylhexyl) phthalate (DEHP)

542881

Bis (chloromethyl) ether

75252

Bromoform

106990

1, 3-Butadiene

0

Cadmium Compounds

156627

Calcium cyanamide

Reserved

133062

Captan

63252

Carbaryl

75150

Carbon disulfide

56235

Carbon tetrachloride

463581

Carbonyl sulfide

120809

Catechol

133904

Chloramben

57749

Chlordane

7782505

Chlorine

79118

Chloroacetic acid

532274

2-Chloroacetophenone

108907

Chlorobenzene

510156

Chlorobenzilate

67663

Chloroform

107302

Chloromethyl methyl ether

126998

Chloroprene

0

Chromium Compounds

0

Cobalt Compounds

0

Coke Oven Emissions

1319773

Cresols/Cresylic acid (isomers and mixture)

95487

o-Cresol

108394

m-Cresol

106445

p-Cresol

98828

Cumene

0

Cyanide Compounds (X´ CN where X = H´ or any other group

where

a formal dissociation may occur. For example KCN or Ca (CN) 2.)

94757

2, 4-D, salts and esters

3547044

DDE

334883

Diazomethane

132649

Dibenzofurans

96128

1, 2-Dibromo-3-chloropropane

84742

Dibutylphthalate

106467

1, 4-Dichlorobenzene (p)

91941

3, 3-Dichlorobenzidene

111444

Dichloroethyl ether (Bis (2-chloroethyl) ether)

542756

1, 3-Dichloropropene

62737

Dichlorvos

111422

Diethanolamine

121697

N, N-Diethyl aniline (N, N-Dimethylaniline)

64675

Diethyl sulfate

119904

3, 3-Dimethoxybenzidine

60117

Dimethyl aminoazobenzene

119937

3, 3-Dimethyl benzidine

79447

Dimethyl carbamoyl chloride

68122

Dimethyl formamide

57147

1, 1-Dimethyl hydrazine

131113

Dimethyl phthalate

77781

Dimethyl sulfate

534521

4, 6-Dinitro-o-cresol, and salts

51285

2, 4-Dinitrophenol

121142

2, 4-Dinitrotoluene

123911

1, 4-Dioxane (1, 4-Diethyleneoxide)

122667

1, 2-Diphenylhydrazine

106898

Epichlorohydrin (1-Chloro-2, 3-epoxypropane)

106887

1, 2-Epoxybutane

140885

Ethyl acrylate

100414

Ethyl benzene

51796

Ethyl carbamate (Urethane)

75003

Ethyl chloride (Chloroethane)

106934

Ethylene dibromide (Dibromoethane)

107062

Ethylene dichloride (1, 2-Dichloroethane)

107211

Ethylene glycol

151564

Ethylene imine (Aziridine)

75218

Ethylene oxide

96457

Ethylene thiourea

75343

Ethylidene dichloride (1, 1-Dichloroethane)

50000

Formaldehyde

0

Glycol ethers (Includes mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2) n -OR' where n =1, 2, or 3; R = alkyl C7 or less; or R = phenyl or alkyl substituted phenyl; R' = H or alkyl C7 or less; or OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate. Excludes ethylene glycol monobutyl ether (EGBE, 2 ‒ Butoxyethanol ‒ CAS Number 111-76-2).

76448

Heptachlor

118741

Hexachlorobenzene

87683

Hexachlorobutadiene

77474

Hexachlorocyclopentadiene

67721

Hexachloroethane

822060

Hexamethylene-1, 6-diisocyanate

680319

Hexamethylphosphoramide

110543

Hexane

302012

Hydrazine

7647010

Hydrochloric acid

7664393

Hydrogen fluoride (Hydrofluoric acid)

123319

Hydroquinone

78591

Isophorone

0

Lead Compounds

58899

Lindane (all isomers)

108316

Maleic anhydride

0

Manganese Compounds

0

Mercury Compounds

67561

Methanol

72435

Methoxychlor

74839

Methyl bromide (Bromomethane)

74873

Methyl chloride (Chloromethane)

71556

Methyl chloroform (1, 1, 1-Trichloroethane)

Reserved

60344

Methyl hydrazine

74884

Methyl iodide (Iodomethane)

108101

Methyl isobutyl ketone (Hexone)

624839

Methyl isocyanate

80626

Methyl methacrylate

1634044

Methyl tert butyl ether

101144

4, 4-Methylene bis (2-chloroaniline)

75092

Methylene chloride (Dichloromethane)

101688

Methylene diphenyl diisocyanate (MDI)

101779

4, 4-Methylenedianiline

0

Mineral fibers (fine), includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter 1 micrometer or less.

91203

Naphthalene

0

Nickel Compounds

98953

Nitrobenzene

92933

4-Nitrobiphenyl

100027

4-Nitrophenol

79469

2-Nitropropane

684935

N-Nitroso-N-methylurea

62759

N-Nitrosodimethylamine

59892

N-Nitrosomorpholine

56382

Parathion

82688

Pentachloronitrobenzene (Quintobenzene)

87865

Pentachlorophenol

108952

Phenol

106503

p-Phenylenediamine

75445

Phosgene

7803512

Phosphine

7723140

Phosphorus

85449

Phthalic anhydride

1336363

Polychlorinated biphenyls (Aroclors)

0

Polycyclic organic matter (includes organic compounds with more than one benzene ring, and which have a boiling point greater than or equal to 100º C)

1120714

1, 3-Propane sultone

57578

beta-Propiolactone

123386

Propionaldehyde

114261

Propoxur (Baygon)

78875

Propylene dichloride (1, 2-Dichloropropane)

75569

Propylene oxide

75558

1, 2-Propylenimine (2-Methyl aziridine)

91225

Quinoline

106514

Quinone

0

Radionuclides (including radon), a type of atom which spontaneously undergoes radioactive decay

0

Selenium Compounds

100425

Styrene

96093

Styrene oxide

1746016

2, 3, 7, 8- Tetrachlorodibenzo-p-dioxin

79345

1, 1, 2, 2- Tetrachloroethane

127184

Tetrachloroethylene (Perchloroethylene)

7550450

Titanium tetrachloride

108883

Toluene

95807

2, 4-Toluene diamine

584849

2, 4-Toluene diisocyanate

95534

o-Toluidine

8001352

Toxaphene (chlorinated camphene)

120821

1, 2, 4-Trichlorobenzene

79005

1, 1, 2-Trichloroethane

79016

Trichloroethylene

95954

2, 4, 5-Trichlorophenol

88062

2, 4, 6-Trichlorophenol

121448

Triethylamine

1582098

Trifluralin

540841

2, 2, 4-Trimethylpentane

108054

Vinyl acetate

593602

Vinyl bromide

75014

Vinyl chloride

75354

Vinylidene chloride (1, 1-Dichloroethylene)

1330207

Xylenes (isomers and mixtures)

95476

o-Xylenes

108383

m-Xylenes

106423

p-Xylenes

(b) For all listings above which contain the word “compounds” and for glycol ethers, the following applies: unless otherwise specified, these listings are defined as including the named chemical and any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical’s infrastructure.

(128) “Heatset” – A lithographic web printing process where heat is used to evaporate ink oils from the printing ink. Heatset dryers (typically hot air) are used to deliver the heat to the printed web.

(129) “Hood” – A partial enclosure or canopy for capturing and exhausting, by means of a draft, an air pollutant rising from an activity, process, or source of the air pollutant.

(130) “Human Crematory” – Any combustion apparatus used solely for the cremation of either human or fetal remains.

(131) “Hydrocarbon” – Any organic compound of carbon and hydrogen only.

(132) “Incinerator” – A combustion apparatus designed for the ignition and burning of solid, semi-solid, liquid or gaseous combustible wastes.

(133) “Indian Governing Body” – The governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

(134) “Interior Base Coating” – A coating applied by roller coater or spray to the interior of a can to provide a protective lining between the can metal and product.

(135) “Interior Body Spray” – A coating sprayed on the interior of the can body to provide a protective film between the product and the can.

(136) “Internal Floating Roof” – A cover or roof in a fixed roof tank which rests upon or is floated upon the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

(137) “Knife Coating” – The application of a coating material to a substrate by means of drawing the substrate beneath a knife that spreads the coating evenly over the full width of the substrate.

(138) “Kraft (Sulfate) Pulp Mill” – Any facility that produces cellulose or cellulosic materials by chemically cooking (digesting) wood chips or other cellulosic raw materials in an alkaline solution containing water, sodium hydroxide, and sodium sulfide under conditions of elevated temperature and pressure. The regeneration of the cooking chemicals through a recovery process also constitutes part of the kraft (sulfate) pulp mill.

(139) “Kraft Recovery Furnace” – Any straight kraft recovery furnace or cross recovery furnace used to recover chemicals consisting primarily of sodium and sulfur by burning black liquor. If the kraft recovery furnace is equipped with a direct contact evaporator or wet-bottom electrostatic precipitator, this equipment shall be considered part of the kraft recovery furnace.

(140) “Land Clearing Debris” – Uprooted or cleared vegetation resulting from a land clearing operation, including any untreated wood generated by the land clearing operation (e.g., untreated fence posts).

(141) “Land Clearing Operation” – The uprooting or clearing of vegetation in connection with construction for buildings and rights-of-way; land development; or mineral operations. It does not include landscaping and yard maintenance operations or other such routine property clean-up activities.

(142) “Large Appliances” – For purposes of the Reasonably Available Control Technology rules of Chapter 62-296, F.A.C., doors, cases, lids, panels, and interior support parts of residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners and other similar products.

(143) “Lead Processing Operation” – Any facility that emits or has the potential to emit greater than 100 pounds per year of lead, lead alloys or lead compounds in its lead alloys or lead compounds in its operation. These operations include primary lead smelters, secondary lead smelters, primary lead-acid battery manufacturing operations, lead oxide and lead compound manufacturing or handling operations, pot furnaces that melt lead, lead-based paint pigment storage and handling operations, electric arc furnace equipped secondary steel manufacturing operations, secondary steel manufacturing slag handling operations, and all other lead-containing slag processing or handling operations where the lead content of the slag is greater than 0.25 percent by weight. Lead processing operations do not include indoor or outdoor firearm ranges unless recovered spent lead materials are melted onsite, waste-to-energy facilities, fossil fuel-fired steam generators, and facilities that use waste oil as fuel.

(144) “Lease Custody Transfer” – The transfer of produced crude oil and/or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.

(145) “Letterpress Printing” – A printing system in which the image area is raised relative to the non-image area and the ink is transferred to the substrate directly from the image surface.

(146) “Lime Kiln” – An inclined rotary drum device used to calcine lime mud, which consists primarily of calcium carbonate, into quicklime, which is calcium oxide.

(147) “Liquid Mounted Seal” – A primary seal mounted in continuous contact with the liquid between the tank wall and the floating roof around the circumference of the tank.

(148) “Lithographic Printing” – A planographic printing system where the image and non-image areas are chemically differentiated. The image area is oil receptive and non-image area is water receptive. Ink film from the lithographic plate is transferred to an intermediary surface (blanket), which, in turn, transfers the ink film to the substrate. Fountain solution is applied to maintain the hydrophilic properties of the non-image area. Ink drying is divided into heatset and non-heatset.

(149) “Loading Rack” – An aggregation or combination of loading equipment arranged so that all loading outlets in the combination can be connected to a tank truck or trailer.

(150) “Low Solvent Coating” – Coatings which contain less organic solvent than the conventional coatings used by the industry. Low solvent coatings include water-borne, higher solids, electrodeposition and powder coatings.

(151) “Lowest Achievable Emission Rate” or “LAER” – An allowable emission rate determined in accordance with the provisions of Rule 62-212.500, F.A.C. This term applied to a modification means the lowest achievable emission rate for that portion of the facility which is modified.

(152) “Magnet Wire Coating” – The process of applying a coating of electrically insulating varnish or enamel to aluminum or copper wire for use in electrical machinery.

(153) “Major Modification” –

(a) Any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a PSD pollutant and a significant net emissions increase of that pollutant from the major stationary source.

(b) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.

(c) A physical change or change in the method of operation shall not include:

1. Routine maintenance, repair and replacement.

2. Use of an alternative fuel or raw material by reason of an order under Sections 2 (a) and (b), of the Energy Supply and Environmental Coordination Act of 1974, or any superseding legislation, or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.

3. Use of an alternative fuel by reason of an order or rule under Section 125 of the Clean Air Act.

4. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.

5. Use of an alternative fuel or raw material by a stationary source which:

a. The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, or

b. The source is approved to use under any federally enforceable permit condition issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166.

6. An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975.

7. Any change in ownership at a stationary source.

8. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

a. The State Implementation Plan; and,

b. Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

9. The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.

10. The reactivation of a very clean coal-fired electric utility steam generating unit.

(d) This definition shall not apply with respect to a particular PSD pollutant when the major stationary source is complying with the requirements under Rule 62-212.720, F.A.C., for a PAL for that pollutant. Instead, the definition at 40 C.F.R. 52.21(aa)(2)(viii), adopted by reference in Rule 62-204.800, F.A.C., shall apply.

(154) “Major Source Baseline Date” – Pursuant to 40 C.F.R. 51.166(b)(14)(i), adopted and incorporated by reference at Rule 62-204.800, F.A.C.:

(a) In the case of PM10 and sulfur dioxide, January 6, 1975;

(b) In the case of nitrogen dioxide, February 8, 1988; and,

(c) In the case of PM2.5, October 20, 2010.

(155) “Major Source of Air Pollution,” “Major Source,” or “Title V Source” – A facility containing an emissions unit, or any group of emissions units, which is or includes any of the following:

(a) For pollutants other than radionuclides, any emissions unit or group of emissions units that emits or has the potential to emit, in the aggregate, 10 tons per year or more of any one hazardous air pollutant (HAP), 25 tons per year or more of any combination of HAPs, or any lesser quantity of a HAP as established through EPA rulemaking. Notwithstanding the preceding sentence, HAP emissions from any oil or gas exploration or production well (with its associated equipment) and HAP emissions from any pipeline compressor or pump station shall not be aggregated with HAP emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are Title V sources.

(b) An emissions unit or group of emissions units, all belonging to the same two-digit Major Group as described in the Standard Industrial Classification Manual, 1987, that directly emits or has the potential to emit, 100 tons per year or more, except as otherwise provided for in 40 C.F.R. 70 as adopted and incorporated by reference at Rule 62-204.800, F.A.C., of any regulated air pollutant. The fugitive emissions of an emissions unit or group of emissions units shall not be considered in determining whether it is a Title V source for purposes of this paragraph unless the emissions unit or group of emissions units belongs to one of the following categories:

1. Coal cleaning plants (with thermal dryers),

2. Kraft pulp mills,

3. Portland cement plants,

4. Primary zinc smelters,

5. Iron and steel mills,

6. Primary aluminum ore reduction plants,

7. Primary copper smelters,

8. Municipal incinerators capable of charging more than 250 tons of refuse per day,

9. Hydrofluoric, sulfuric, or nitric acid plants,

10. Petroleum refineries,

11. Lime plants,

12. Phosphate rock processing plants,

13. Coke oven batteries,

14. Sulfur recovery plants,

15. Carbon black plants (furnace process),

16. Primary lead smelters,

17. Fuel conversion plant,

18. Sintering plants,

19. Secondary metal production plants,

20. Chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140),

21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input,

22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels,

23. Taconite ore processing plants,

24. Glass fiber processing plants,

25. Charcoal production plants,

26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input,

27. Any other stationary source category, which as of August 7, 1980, is being regulated under Section 111 or 112 of the Act,

(c) A major stationary source.

(d) A major stationary source as described in Part D of Title I of the Federal Clean Air Act which includes:

1. For ozone nonattainment areas, an emissions unit or group of emissions units, all belonging to the same two (2) digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit 100 tons per year or more of volatile organic compounds or oxides of nitrogen in areas classified as “marginal” or “moderate,” fifty (50) tons per year or more in areas classified as “serious,” twenty-five (25) tons per year or more in areas classified as “severe,” and ten (10) tons per year or more in areas classified as “extreme,” except that the references in the clause of 100, fifty (50), twenty-five (25), and ten (10) tons per year of nitrogen oxides shall not apply with respect to any source for which EPA has made in finding, under 42 U.S.C.§7511a(f)(a) or (2), that requirements under 42 U.S.C. §7511a(f) do not apply,

2. For ozone transport regions established pursuant to 42 U.S.C. §7511c, an emissions unit or group of emissions units, all belonging to the same two (2) digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit fifty (50) tons per year or more of volatile organic compounds (VOCs),

3. For carbon monoxide nonattainment areas (i) that are classified as “serious,” and (ii) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by EPA, an emissions unit or group of emissions units, all belonging to the same two (2) digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit fifty (50) tons per year or more of carbon monoxide,

4. For particulate matter (PM10) nonattainment areas classified as “serious,” an emissions unit or group of emissions units, all belonging to the same two (2) digit Major Group as described in the Standard Industrial Classification Manual, 1987, with the potential to emit seventy (70) tons or more per year of PM10,

(e) An emissions unit or group of emissions units, all belonging to the same two (2) digit Major Group as described in the Standard Industrial Classification Manual, 1987, that emits or has the potential to emit five (5) tons per year or more of lead or lead compounds, measured as elemental lead;

(f) An emissions unit or group of emissions units with one (1) or more emissions units subject to standards or regulations promulgated under 40 C.F.R. Part 60, 61 or 63, adopted and incorporated by reference at Rule 62-204.800, F.A.C., however, such emissions unit or group of emissions units is not a Title V source solely because:

1. It is subject to a reporting requirement,

2. It is subject to 40 C.F.R. Part 61, Subpart M – National Emission Standard for Asbestos Section 61.145, Standard for Demolition and Renovation, adopted and incorporated by reference at Rule 62-204.800, F.A.C.,

3. It is subject to a standard or regulation promulgated under 40 C.F.R. Part 60, adopted and incorporated by reference at Rule 62-204.800, F.A.C., unless such standard or regulation specifies that the emission unit or group of emissions units requires a Title V permit, or

4. It is subject to an area source standard or regulation promulgated under 40 C.F.R. Part 61 or 63, adopted and incorporated by reference at Rule 62-204.800, F.A.C., unless such standard or regulation specifies that the emission unit or group of emissions units requires a Title V permit.

(g) One (1) or more acid rain units, or

(h) An emissions unit or group of emission units designated as a Part 70 source under 40 C.F.R. 70.3(a)(5), adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(156) “Major Stationary Source” –

(a) A major stationary source is:

1. Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any PSD pollutant: Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140), fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants,

2. Any stationary source which emits, or has the potential to emit, 250 tons per year or more of a PSD pollutant, or

3. Any physical change that would occur at a stationary source not otherwise qualifying as a major stationary source, if the change would constitute a major stationary source by itself.

(b) A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.

(c) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this definition whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

1. Coal cleaning plants (with thermal dryers),

2. Kraft pulp mills,

3. Portland cement plants,

4. Primary zinc smelters,

5. Iron and steel mills,

6. Primary aluminum ore reduction plants,

7. Primary copper smelters,

8. Municipal incinerators capable of charging more than 250 tons of refuse per day,

9. Hydrofluoric, sulfuric, or nitric acid plants,

10. Petroleum refineries,

11. Lime plants,

12. Phosphate rock processing plants,

13. Coke oven batteries,

14. Sulfur recovery plants,

15. Carbon black plants (furnace process),

16. Primary lead smelters,

17. Fuel conversion plants,

18. Sintering plants,

19. Secondary metal production plants,

20. Chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140),

21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input,

22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels,

23. Taconite ore processing plants,

24. Glass fiber processing plants,

25. Charcoal production plants,

26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and,

27. Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Clean Air Act.

(d) For purposes of this definition, a stationary source is all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control, except the activities of any vessel; which emit or may emit a PSD pollutant. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same Major Group, or have the same first two digit code, as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

(157) “Malfunction” – Any unavoidable mechanical and/or electrical failure of air pollution control equipment or process equipment or of a process resulting in operation in an abnormal or unusual manner.

(158) “Maximum Achievable Control Technology” or “MACT” – Maximum achievable control technology as defined in 40 C.F.R. Part 63, Subpart B, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(159) “Maximum Allowable Increase” or “PSD Increment” – A maximum allowable increase over the baseline concentration as set forth at 40 C.F.R. §52.21(c), adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(160) “Metal Furniture Coating” – The surface coating of any furniture made of metal or any metal part which will be assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece.

(161) “Method of Operation” – For purposes of the Title V source permitting program, a procedure to operate one or more specific emissions units within a Title V source in a particular manner which may affect air pollutant emissions.

(162) “Minor Betterment of Public Roads” – Improvements to existing public roads intended to increase their safety and serviceability as the need is dictated by increased traffic levels, or other changes in their use. These improvements include the extension or construction of acceleration lanes, deceleration lanes, turning storage lanes, or median crossovers.

(163) “Minor Source Baseline Date” – Pursuant to 40 C.F.R. 51.166(b)(14)(ii), adopted and incorporated by reference at Rule 62-204.800, F.A.C., the minor source baseline date for each pollutant for which maximum allowable increases have been established is as follows:

(a) The sulfur dioxide minor source baseline date for the sulfur dioxide baseline area is December 27, 1977;

(b) The nitrogen dioxide minor source baseline date for the nitrogen dioxide baseline area is March 28, 1988;

(c) The PM10 minor source baseline date for the PM10 baseline area is December 27, 1977; and,

(d) The PM2.5 minor source baseline date for the PM2.5 baseline area is October 21, 2011.

(164) “Mode of Operation” – For purposes of the Title V source permitting program, a method of operation that involves two or more specific air emissions units in emissions trading pursuant to Rule 62-213.415, F.A.C.

(165) “Modification” – Any physical change in, change in the method of operation of, or addition to a facility which would result in an increase in the actual emissions of any air pollutant subject to regulation under the Act, including any not previously emitted, from any emissions unit or facility.

(a) A physical change or change in the method of operation shall not include:

1. Routine maintenance, repair, or replacement of component parts of an emissions unit, or

2. A change in ownership of an emissions unit or facility.

(b) For any pollutant that is specifically regulated by the EPA under the Clean Air Act, a change in the method of operation shall not include an increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975.

(c) For any pollutant that is not specifically regulated by the EPA under the Clean Air Act, a change in the method of operation shall not include an increase in the hours of operation or in the production rate, unless such change would exceed any restriction on hours of operation or production rate included in any applicable Department air construction or air operation permit.

(166) “Multiple Effect Evaporator System” – The multiple effect evaporators and concentrators and associated condenser(s) and hotwell(s) used to concentrate the spent cooking liquor (black liquor) that is separated from the pulp.

(167) “Natural Finish Hardwood Plywood Panels” – Panels whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented by fillers and toners.

(168) “Net Emissions Increase” –

(a) With respect to any PSD pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero (0):

1. The increase in emissions from a particular physical change or change in the method of operation as calculated pursuant to paragraph 62-212.400(2)(a), F.A.C.; and,

2. Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are creditable. Baseline actual emissions for calculating increases and decreases under this subparagraph shall be determined as provided by the definition of “baseline actual emissions,” except that subparagraphs (a)3. and (b)4., of such definition shall not apply.

(b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:

1. The date five years before construction on the particular change commences; and,

2. The date that the increase from the particular change occurs.

(c) An increase or decrease in actual emissions is creditable only if the Department has not relied on it in issuing a permit for the source pursuant to Rule 62-212.400 or 62-212.500, F.A.C., which permit is in effect when the increase in actual emissions from the particular change occurs.

(d) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.

(e) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(f) A decrease in actual emissions is creditable only to the extent that:

1. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions,

2. It is federally enforceable as a practical matter at and after the time that actual construction on the particular change begins; and,

3. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(g) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(h) Paragraph (a) of the definition of “actual emissions” shall not apply for determining creditable increases and decreases.

(169) “Neutral Sulfite Semichemical (NSSC) Pulping Operation” – Any series of unit operations in which pulp is produced from wood by cooking (digesting) wood chips in a solution of sodium sulfite and sodium bicarbonate, followed by mechanical defibrating (grinding).

(170) “New Design Direct-Fired Kraft Recovery Furnace” – Any new design kraft recovery furnace which was initially designed and constructed to burn black liquor received from a multiple effect evaporator system using a noncontact evaporator or concentrator to achieve the final level of solids concentration rather than a direct contact evaporator system connected to the kraft recovery furnace duct work.

(171) “New Design Direct-Fired Suspension-Burning Kraft Recovery Furnace” – Any new design direct-fired kraft recovery furnace designed to evaporate remaining water from and burn the organic content of a spray of finely divided concentrated black liquor droplets while the droplets are in suspension. Such a furnace will have only two levels of air introduction (primary and secondary) and a flat hearth with the smelt spouts located above the hearth.

(172) “New Design Kraft Recovery Furnace” – Any straight kraft recovery furnace which is of “membrane wall” construction to minimize air in-leakage and has an adjustable air introduction system to deliver an adequate quantity of air while providing both effective air distribution and penetration into the furnace. The air induction system on “new design” Babcock & Wilcox furnaces will consist of primary, secondary, and tertiary ports. In Combustion Engineering units the secondary air (introduced above the black liquor gun elevation) will be introduced tangentially.

(173) “New Emissions Unit” –For the purposes of Chapter 62-212, F.A.C., a new emissions unit is any emission unit that is or will be newly constructed and that has existed for less than 2 years from the date such emissions unit first operated.

(174) “Nitric Acid Plant” – Any facility producing weak nitric acid by employing either the pressure or atmospheric pressure process.

(175) “Nitrogen Oxides” – All oxides of nitrogen, except nitrous oxide, as measured by test methods set forth in 40 C.F.R. Part 60, adopted and incorporated by reference at Rule 62-204.800, F.A.C., and expressed as nitrogen dioxide.

(176) “Nonattainment Area” – Any area not attaining a National Ambient Air Quality Standard for a particular pollutant and designated as “Nonattainment” in 40 C.F.R. Part 81, §81.310, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(177) “Non-heatset” – A lithographic printing process where the printing inks are set without the use of heat. Traditional non-heatset inks set and dry by absorption and/or oxidation of the ink oils. Ultraviolet-cured, thermography and electron beam-cured inks are considered non-heatset although radiant energy is required to cure these inks.

(178) “North American Industry Classification System” or “NAICS” – A federal system of classifying business establishments according to similarity in the processes used to produce goods or services, as described in the 2007 NAICS definition file (available free of cost at http://www.census.gov/eos/www/naics/ or available in CD ROM or book form at a cost from the U.S. Department of Commerce at 1(800)553-6847), hereby adopted and incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-00705).

(179) “Objectionable Odor” – Any odor present in the outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or injurious to human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or property, or which creates a nuisance.

(180) “Odor” – A sensation resulting from stimulation of the human olfactory organ.

(181) “Old Design Kraft Recovery Furnace” – Any straight kraft recovery furnace which is not of “membrane wall” construction to minimize air in-leakage.

(182) “Opacity” – A condition which renders material partially or wholly impervious to rays of light causing obstruction of observer’s view.

(183) “Open Burning” – The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney.

(184) “Open Top Vapor Degreasing” – The batch process of cleaning and removing soils from metal surfaces by condensing hot solvent vapor on the colder metal parts.

(185) “Operating Change” – For purposes of the Title V source permitting program, any physical change to, or change to the operation of, any Title V source or any emissions unit within any Title V source which contravenes a permit term or condition, other than one described at paragraphs 62-213.400(2)(a)-(j), F.A.C., but which does not constitute a modification and does not otherwise subject the source to a requirement for permit revision pursuant to Rule 62-213.400, F.A.C.

(186) “Organic Compounds” – Any substance that contains the element carbon, except carbon oxides and various carbonates.

(187) “Oven” – A chamber within which heat is used to bake, cure, polymerize, and/or dry a surface coating.

(188) “Overall Emission Reduction Efficiency” – The product of the capture efficiency and the control equipment destruction or removal efficiency, divided by 100, expressed as a percentage.

(189) “Overvarnish” – A coating applied directly over ink to reduce the coefficient of friction, to provide a gloss, and to protect the finish against abrasion and corrosion.

(190) “Owner” or “Operator” – Any person or entity who or which owns, leases, operates, controls or supervises an emissions unit or facility.

(191) “Packaging Rotogravure Printing” – Rotogravure printing upon paper, paper board, metal foil, plastic film, and other substrates, which are, in subsequent operations, formed into packing products and labels for articles to be sold.

(192) “Paper Coating” – Coatings put on paper and pressure sensitive tapes regardless of substrate. Related web coating processes on plastic film and decorative coatings on metal foil are included in this definition.

(193) “Particulate Matter” –

(a) With respect to concentrations in the atmosphere, particulate matter means any airborne finely divided solid or liquid material.

(b) With respect to emissions, particulate matter means all finely divided solid or liquid material, other than uncombined water, emitted to the atmosphere as measured by applicable reference methods, or an equivalent or alternative method, specified in 40 C.F.R. Part 60, Appendix A, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(194) “Penetrating Prime Coat” – An application of low viscosity liquid asphalt to an absorbent surface. It is used to prepare an untreated base for an asphalt surface. The prime penetrates the base and plugs the voids, hardens the top, and helps bind to the overlying asphalt course. It also reduces the necessity of maintaining an untreated base course prior to placing the asphalt pavement.

(195) “Permanent Total Enclosure” – With respect to VOC emissions, a permanent total enclosure is an enclosure which contains an activity, process, or emissions unit that emits VOC and meets the specifications given in Procedure T which is adopted by reference in Rule 62-204.800, F.A.C.

(196) “Permit Revision” or “Permit Modification” – Any alteration to a permit term or condition except an administrative permit correction or amendment described at Rule 62-210.360, F.A.C.

(197) “Petroleum Liquids” – Petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean No. 2 through No. 6 fuel oils, gas turbine fuel oils No. 2-GT through No. 4-GT, or diesel fuel oils No. 2-D and No. 4-D.

(198) “Plant Section” – A part of a plant consisting of one or more unit operations including auxiliary equipment which provides the complete processing of input (raw) materials to produce a marketable product, including granular triple super phosphate, phosphoric acid, run-of-pile triple super phosphate, and diammonium phosphate, or one or more unit operations including auxiliary equipment or structures which are used for the functions such as: storage, shipping, loading, unloading, or bagging.

(199) “PM10” –

(a) PM10 means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers.

(b) Compliance with PM10 emissions limitations originating in a permit issued pursuant to Rule 62-212.400 or 62-212.500, F.A.C., and issued prior to January 1, 2011, shall not be based on the inclusion of condensable PM unless required by the terms and conditions of the permit.

(200) “PM2.5” –

(a) PM2.5 means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers.

(b) Compliance with PM2.5 emissions limitations originating in a permit issued pursuant to Rule 62-212.400 or 62-212.500, F.A.C., and issued prior to January 1, 2011, shall not be based on the inclusion of condensable PM unless required by the terms and conditions of the permit.

(201) “Pollution Control Project” – Any activity or project undertaken at an existing electric utility steam generating unit for purposes of reducing emissions from such unit. Such activities or projects are limited to:

(a) A permanent clean coal technology demonstration project conducted under Title II, section 101(d) of the Further Continuing Appropriations Act of 1985 (sec. 5903(d) of title 42 of the United States Code), or subsequent appropriations, up to a total amount of $2,500,000,000.00 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency, or

(b) A permanent clean coal technology demonstration project that constitutes a repowering project.

(202) “Polyester Resin Material” – Materials used in polyester resin operations which include isophthalic, orthophthalic, halogenated, bisphenol-A, vinyl-ester or furan resins; cross-linking agents; catalysts, gel coats, inhibitors, accelerators, promoters, and any other VOC containing materials.

(203) “Potential to Emit” – The maximum capacity of an emission unit or facility to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the emissions unit or facility to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of an emission unit or facility.

(204) “Predictive Emissions Monitoring System” or “PEMS” – All of the equipment necessary to monitor process and control device operational parameters including control device secondary voltages and electric currents; and other information including gas flow rate, oxygen or carbon dioxide concentrations; and calculate and record the mass emissions rate such as 1b/hr on a continuous basis.

(205) “Prime Coat” – The first film of coating applied in a multi-coat operation.

(206) “Printed Interior Panels” – Panels whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed.

(207) “Printing Line” – A printing production assembly composed of one or more units used to produce a printed substrate including any associated coating, spray powder application, or infrared, natural gas, or electric heating units or dryers.

(208) “Projected Actual Emissions” – The maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a PSD pollutant in any one of the 5 years following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that PSD pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. One year is one 12-month period. In determining the projected actual emissions, the Department:

(a) Shall consider all relevant information, including historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the State or Federal regulatory authorities, and compliance plans or orders, including consent orders; and,

(b) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups and shutdowns; and,

(c) Shall exclude that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project including any increased utilization due to product demand growth, or

(d) In lieu of using the method set out in paragraphs (a) through (c), above, may be directed by the owner or operator to use the emissions unit’s potential to emit, in tons per year.

(209) “Process Weight” – The total weight of all materials introduced into any process. Solid fuels and recycled materials are included in the determination of process weights; but uncombined water, liquid and gaseous fuels, combustion air, or excess air are not included.

(210) “Proposed Acid Rain Part” – The version of an Acid Rain Part of a Title V source permit that the Department submits to EPA pursuant to Rule 62-213.450, F.A.C., after the public comment period.

(211) “Proposed Permit” – The version of a Title V source permit that the Department proposes to issue and forwards to EPA in compliance with subsection 62-213.450(1), F.A.C.

(212) “PSD Pollutant” –

(a) Any pollutant listed as having a significant emission rate as defined in Rule 62-210.200, F.A.C.; and,

(b) Any “Regulated NSR Pollutant” as defined at 40 CFR 52.21(b)(50) and as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(213) “Publication Rotogravure” – Rotogravure printing upon paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements and other types of printed materials.

(214) “Quench Area” – A chamber where the hot metal exiting the oven is cooled by either a spray of water or a blast of air followed by water cooling.

(215) “Reasonable Further Progress” – A level of annual incremental reductions in emissions of affected air pollutants such as may be required for ensuring attainment of the applicable national ambient air quality standards by the applicable date.

(216) “Reasonably Available Control Technology” or “RACT” – The lowest emission limit that a particular emissions unit is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. It may require technology that has been applied to similar, but not necessarily identical, source categories.

(217) “Reconstruction” – For the purposes of Rule 62-212.400, F.A.C., the replacement of components of an existing emissions unit to such an extent that the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new emissions unit.

(218) “Regulated Air Pollutant” –

(a) Nitrogen oxides or volatile organic compounds;

(b) Any pollutant regulated under 42 U.S.C. s. 7411 – Standards of Performance for New Stationary Sources, or 42 U.S.C. s. 7412 – Hazardous Air Pollutants, or

(c) Any pollutant for which a national primary ambient air quality standard has been specified at 40 C.F.R. Part 50, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(d) Any pollutant listed at 40 CFR Part 82, Subpart A, Appendix A or B, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(219) “Reid Vapor Pressure” – The absolute vapor pressure of volatile crude oil and volatile non-viscous petroleum liquids except liquefied petroleum gases as determined by American Society for Testing and Materials, Part 17, 1973, D-323-72 (reapproved 1977).

(220) “Reinforced Polyester Resin Operations” – An operation that entails saturating a reinforcing material such as glass fiber with a polyester resin material. Such operations include the production or rework of product by mixing, pouring, hand laying-up, impregnating, injecting, forming, spraying, and/or curing unsaturated polyester materials with fiberglass, fillers, or any other reinforcement materials and associated cleanup.

(221) “Relocatable Facility” – A stationary facility such as, but not limited to, an asphalt concrete plant, portable power generator, nonmetallic mineral processing plant, air curtain incinerator, or concrete batching plant, which is designed to be physically moved to, and operated on, different sites by being wholly or partially dismantled and re-erected in essentially the same configuration. It shall not be operable while in transit.

(222) “Removal Efficiency” – See “Destruction or Removal Efficiency” above.

(223) “Repowering” – For the purposes of Rule 62-212.400, F.A.C., replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy.

(224) “Responsible Official” – One of the following:

(a) For a corporation, the president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit under Chapter 62-213, F.A.C.;

(b) For a partnership or sole proprietorship, a general partner or the proprietor, respectively;

(c) For a municipality, county, state, federal, or other public agency, either a principal executive officer or ranking elected official, or

(d) For implementation of the Federal Acid Rain Program at an Acid Rain source: The designated representative. For other purposes at an Acid Rain source: Either the designated representative or any person that would qualify as a responsible official under paragraphs (a) through (c), of this definition.

(225) “Roll Coating” – The application of a coating material to a substrate by means of hard rubber or steel rolls.

(226) “Roll Printing” – The application of words, designs, and pictures to a substrate usually by means of a series of hard rubber or steel rolls each with only partial coverage.

(227) “Rotogravure Coating” – The application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is etched on the coating roll. The coating material is picked up in these recessed areas and is transferred to the substrate.

(228) “Rotogravure Printing” – The application of words, designs, and pictures to a substrate by means of a roll printing technique which involves an intaglio or recessed image areas in the form of cells.

(229) “Routine Maintenance of Public Roads” – Those activities necessary to maintain the public highway system in as near original condition as is practical, not to include large scale resurfacing, or reconstruction.

(230) “Sand Seal Coat” – A thin asphalt surface treatment designed to seal surface cracks in existing pavements for the purpose of preventing the intrusion of water into the pavement base. The sand seal coat consists of a light application of liquid asphalt covered with fine aggregate.

(231) “Screen Printing” – A printing system where the printing ink passes through a web or fabric to which a refined form of stencil has been applied. The stencil openings determine the form and dimensions of the imprint.

(232) “Secondary Emissions” – The emissions which occur as a result of the construction or operation of a facility or a modification to a facility, but which are not discharged into the atmosphere from the facility itself. Secondary emissions may include but are not limited to emissions from ships or trains coming to or leaving a new or modified facility and emissions from any off-site support facility which would not otherwise be constructed or increase its emissions except as a result of the construction or operation of the new or modified facility. Secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the facility or modification which causes the secondary emissions.

(233) “Secretary” – The Secretary of the Department.

(234) “Sharps” – Devices with physical characteristics capable of puncturing, lacerating, or otherwise penetrating the skin. These devices include needles, intact or broken glass, and intact or broken hard plastic.

(235) “Shutdown” – The cessation of the operation of an emissions unit for any purpose.

(236) “Significant Emissions Rate” –

(a) With respect to any emissions increase or any net emissions increase, or the potential of a facility to emit any of the following pollutants, significant emissions rate means a rate of pollutant emissions that would equal or exceed:

1. A rate listed at 40 CFR 52.21(b)(23)(i), adopted and incorporated by reference at Rule 62-204.800, F.A.C.; specifically, any of the following rates:

a. Carbon monoxide: 100 tons per year (tpy),

b. Nitrogen oxides: 40 tpy,

c. Sulfur dioxide: 40 tpy,

d. Particulate matter: 25 tpy,

e. PM10: 15 tpy,

f. PM2.5: 10 tpy of direct PM2.5 emissions, 40 tpy of sulfur dioxide emissions, or 40 tpy of nitrogen oxides emissions,

g. Ozone: 40 tpy of volatile organic compounds or nitrogen oxides,

h. Lead: 0.6 tpy,

i. Fluorides: 3 tpy,

j. Sulfuric acid mist: 7 tpy,

k. Hydrogen sulfide (H2S): 10 tpy,

l. Total reduced sulfur (including H2S): 10 tpy,

m. Reduced sulfur compounds (including H2S): 10 tpy,

n. Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 × 10-6 megagrams per year (3.5 × 10-6 tons per year),

o. Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons per year),

p. Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year),

q. Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year), or

2. A rate previously listed at Table 62-212.400-2; specifically, Mercury: 0.1 tpy.

(b) Significant emissions rate also means, for the pollutants listed above in paragraph (a), any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 kilometers of a Class I area and have an impact on such area equal to or greater than 1 microgram per cubic meter, 24-hour average.

(c) For purposes of substances listed in paragraph (d) of the definition of “Regulated Air Pollutant” that do not otherwise have a threshold at paragraph (a) or (b), above, or for which 40 C.F.R. 52.21(b)(50)(iv) prohibits regulation under the prevention of significant deterioration program, “Significant Emissions Rate” shall have the rate specified at 40 C.F.R. 52.21(b)(23)(ii), adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(237) “Significant Impact” – An impact of emissions on ambient air quality in excess of any of the following pollutant-specific concentration values:

(a) Sulfur Dioxide.

1. Maximum three-hour concentration not to be exceeded more than once per year – 25.0 micrograms per cubic meter.

2. Maximum 24-hour concentration not to be exceeded more than once per year – 1.0 microgram per cubic meter for Class I areas; 5.0 micrograms per cubic meter for all other areas.

3. Annual arithmetic mean – 1.0 microgram per cubic meter.

(b) PM10.

1. Maximum 24-hour concentration not to be exceeded more than once per year – 1.0 microgram per cubic meter for Class I areas; 5.0 micrograms per cubic meter for all other areas.

2. Annual arithmetic mean – 1.0 microgram per cubic meter.

(c) PM2.5.

1. Maximum 24-hour concentration not to be exceeded more than once per year – 0.07 micrograms per cubic meter for Class I areas; 1.2 micrograms per cubic meter for all other areas.

2. Annual arithmetic mean – 0.06 micrograms per cubic meter for Class I areas; 0.3 micrograms per cubic meter for all other areas.

(d) Nitrogen Dioxide.

Annual arithmetic mean – 1.0 microgram per cubic meter.

(e) Carbon Monoxide.

1. Maximum one-hour concentration not to be exceeded more than once per year – 2.0 milligrams per cubic meter.

2. Maximum eight-hour concentration not to be exceeded more than once per year – 0.5 milligram per cubic meter.

(f) Lead. Maximum quarterly arithmetic mean – 0.03 microgram per cubic meter.

(238) “Single Coat” – Single film of coating applied directly to the metal substrate omitting the primer application.

(239) “Small Business Stationary Source” – Either paragraph (a) or (b), as follows:

(a) A facility which:

1. Is owned or operated by a person who employs 100 or fewer individuals,

2. Is a small business concern as defined in 15 U.S.C. s. 632,

3. Is other than a major stationary source within the meaning of 42 U.S.C. s. 7602(j), and is other than a major emitting facility within the meaning of 42 U.S.C. s. 7479, and is other than a major stationary source within the meaning of 42 U.S.C. s. 7503,

4. Emits less than 50 tons per year of any regulated pollutant; and,

5. Emits less than 75 tons per year of all regulated pollutants, or

(b) A facility which:

1. Is owned or operated by a person that employs 100 or fewer individuals,

2. Is a small business concern as defined in 15 U.S.C. s. 632; and,

3. Emits not more than 100 tons per year of all regulated air pollutants and demonstrates compliance with the requirements of paragraph 62-210.220(2)(b), F.A.C., including all the requirements of subparagraphs 62-210.220(2)(b)1. through 9., F.A.C.

(240) “Smelt Dissolving Tank” – A vessel used for dissolving the smelt collected from the recovery furnace.

(241) “Soil Thermal Treatment Facility” – Either a stationary or relocatable facility system designed, constructed, or utilized, and permitted by the Department to handle, store, and thermally treat or process petroleum contaminated soils. “Soil thermal treatment facility” does not include electrical power plants in which thermal treatment of contaminated soils from their own property results in ash which is disposed of in accordance with Chapter 62-701 or 62-702, F.A.C., or facilities that treat RCRA and hazardous waste or hazardous substances.

(242) “Solid Waste” – Includes garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, sludge, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

(243) “Solvent” – Organic materials which are liquid at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents.

(244) “Solvent Metal Cleaning” – The process of cleaning soil from metal surfaces by cold cleaning or open top vapor degreasing or conveyorized degreasing.

(245) “Special Waste” – Solid wastes that can require special handling and management, including white goods, whole tires, used oil, mattresses, furniture, lead-acid batteries, and biological wastes.

(246) “Stack” – A pipe, duct, chimney, or other functionally equivalent device that confines and conveys air pollutants from an emissions unit or group of emissions units into the atmosphere through an emission point designed to discharge air pollutants into the atmosphere, but not including flares.

(247) “Standard Conditions” – A temperature of 68 degrees Fahrenheit (20 degrees Celsius) and a pressure of 14.7 pounds per square inch absolute (760 mm Hg).

(248) “Startup” – The commencement of operation of any emissions unit which has shut down or ceased operation for a period of time sufficient to cause temperature, pressure, chemical or pollution control device imbalances.

(249) “State Implementation Plan (SIP)” or “Implementation Plan” – Collectively, all plans and plan revisions of a state approved by the Administrator pursuant to Section 110 of the Clean Air Act. Unless otherwise stated, the term refers specifically to the State Implementation Plan for the State of Florida, identified in 40 C.F.R. Part 52, Subpart K, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(250) “Straight Kraft Recovery Furnace” – A furnace used to recover chemicals consisting primarily of sodium and sulfur compounds by burning black liquor which on a quarterly basis contains 7 weight percent or less of the total pulp solids from the neutral sulfite semichemical (NSSC) process or has a green liquor sulfidity of 28 percent or less.

(251) “Submerged Filling” – The filling of a gasoline cargo tank or a stationary storage tank through an internal fill pipe whose discharge is no more than six (6) inches from the bottom of the tank. Bottom filling of gasoline cargo tanks or stationary storage tanks is included in this definition.

(252) “Sulfur Recovery Plant” – Any plant that recovers sulfur from crude (unrefined) petroleum materials.

(253) “Sulfuric Acid Plant” – Any installation producing sulfuric acid by burning elemental sulfur, alkylation acid, hydrogen sulfides, organic sulfides, mercaptans, or acid sludge.

(254) “Synthetic Minor – 80 Source (SM-80)” - A facility that is classified as a synthetic non-Title V source with a potential to emit of equal to or greater than 80 percent of Title V thresholds.

(255) “Synthetic Non-Title V Source” – A facility that would be classified as a Title V source, but for a physical or operational limitation assumed by the owner or operator on the capacity of the facility to emit a pollutant, including any air pollution control equipment and any restriction on hours of operation or on the type or amount of material combusted, stored, or processed, provided that such physical or operational limitation is federally enforceable.

(256) “Tack Coat” – A light application of liquid asphalt to an existing asphalt pavement or base to insure a bond between the surface being paved, or repaired, and the overlying paving or patching material.

(257) “Tall Oil Plant” – A plant which recovers the crude tall oil fraction from the spent kraft cooking liquor (black liquor) used in the kraft process. Included are all associated tanks and vents from which reduced sulfur compounds are emitted to the atmosphere.

(258) “Temporary Total Enclosure” – With respect to VOC emissions, a temporary total enclosure is an enclosure which is built around an activity, process, or emissions unit that emits VOC and meets the specifications given in Procedure T which is adopted by reference in Rule 62-204.800, F.A.C.

(259) “Thermography” – The process of spreading thermal powders on the wet ink of a print application and heating it in order to melt the powder into a single solid mass which creates a raised printing effect. The heating is accomplished with a natural gas or electric oven.

(260) “Thin Particleboard” – A manufactured board 1/2 inch or less in thickness made of individual wood particles which have been coated with binder and formed into flat sheets by pressure.

(261) “Three-Piece Can Side-Seam Spray” – A coating sprayed on the exterior and interior of a welded, cemented or soldered seam to protect the exposed metal.

(262) “Tileboard” – Paneling that has a colored waterproof surface coating.

(263) “Title V Operation Permit Program” – The EPA-approved operation permit program which Title V of the Act requires a state to submit to the Administrator.

(264) “Title V Source” – A major source of air pollution as defined above.

(265) “Title V Source Permit” – A permit issued pursuant to Chapter 62-213, F.A.C.

(266) “Topcoat” – The final film of coating applied in a multiple coat operation.

(267) “Total Reduced Sulfur (TRS)” – The sum of the sulfur compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide that are released during the kraft pulping process and measured by Reference Method 16 or a designated alternate method.

(268) “True Vapor Pressure” – The equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, “Evaporation Loss from External Floating Roof Tanks,” 1980. The above reference is available from American Petroleum Institute, 2101 L. Street, Northwest, Washington, D.C., and may be inspected at the Department’s Tallahassee office.

(269) “Two-Piece Can Exterior End Coating” – A coating applied by roller coating or spraying to the exterior end of a can to provide protection to the metal.

(270) “Ultraviolet-Cured” – An ink and coating drying process by which monomers, oligomers, and other components polymerize to form a film when exposed to ultraviolet radiation.

(271) “Unclassifiable Area” – Any area which cannot, on the basis of available information, be classified as an attainment area or a nonattainment area for a particular pollutant and designated as “Unclassifiable” in 40 C.F.R. Part 81, §81.310, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(272) “Unconfined Emissions” – Emissions which escape and become airborne from unenclosed operations or which are emitted into the atmosphere without being conducted through a stack.

(273) “Unit-Specific Applicable Requirement” – For purposes of the permitting requirements of Chapter 62-213, F.A.C., a unit-specific applicable requirement means any applicable requirement that applies specifically to a given emissions unit; however, applicable requirements which are not considered unit-specific applicable requirements include the following:

(a) Any subpart of 40 C.F.R. Part 60, 61, or 63 that imposes nothing more than a recordkeeping or reporting requirement on an emissions unit;

(b) 40 C.F.R. Part 61, Subpart M – National Emission Standard for Asbestos, Section 61.145, Standard for Demolition and Renovation;

(c) Subsection 62-296.320(2), F.A.C., Objectionable Odor Prohibited;

(d) Paragraph 62-296.320(4)(b), F.A.C., General Visible Emissions Standard, except subparagraph 62-296.320(4)(b)2., F.A.C.;

(e) Paragraph 62-296.320(4)(c), F.A.C., Unconfined Emissions of Particulate Matter;

(f) Rule 62-4.160, F.A.C., except subsection 62-4.160(13), F.A.C.; and,

(g) Any standard or other requirement under Chapters 62-252, 62-256, 62-257, and 62-281, F.A.C.

(274) “Unit-Specific Limitation or Requirement” – For purposes of the air construction and air operation permitting requirements of Chapters 62-210 and 62-212, F.A.C., and for purposes of the air general permit provisions and air permitting exemption criteria of Chapter 62-210, F.A.C., a unit-specific limitation or requirement means any limitation or requirement that applies specifically to a given emissions unit, including a PAL; however, limitations and requirements which are not considered unit-specific limitations or requirements for these purposes include the following:

(a) Any limitation or requirement under any subpart of 40 C.F.R. Part 60, 61, or 63 that has not been adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) Any limitation or requirement under any of the following EPA regulations adopted and incorporated by reference at Rule 62-204.800, F.A.C.

1. 40 CFR Part 61, Subpart M – National Emission Standard for Asbestos, Section 61.145, Standard for Demolition and Renovation.

2. Any subpart of 40 C.F.R. Part 60, 61, or 63 that imposes nothing more than a recordkeeping or reporting requirement on an emissions unit.

(c) Subsection 62-296.320(2), F.A.C., Objectionable Odor Prohibited.

(d) Paragraph 62-296.320(4)(b), F.A.C., General Visible Emissions Standard, except subparagraph 62-296.320(4)(b)2., F.A.C.

(e) Paragraph 62-296.320(4)(c), F.A.C., Unconfined Emissions of Particulate Matter.

(f) Rule 62-4.160, F.A.C.

(g) Any standard or other requirement under Chapter 62-252, 62-256, 62-257 or 62-281, F.A.C.

(275) “Untreated Wood” – Wood (including lighter pine, tree trunks, limbs and stumps, shrubs, and lumber) which is free of paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate (CCA), and other wood preservatives or treatments.

(276) “Vapor Collection System” – A vapor transport system which uses direct displacement by the liquid loaded to force vapors from the tank into a vapor control system.

(277) “Vapor Control System” – A system that will not allow emissions of volatile organic compounds in the displaced vapor at a rate greater than 80 milligrams per liter (4.7 grains/gallon (gr./gal.)) of gasoline transferred.

(278) “Vapor-mounted Seal” – A primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the liquid surface, and the floating roof.

(279) “Vinyl Coating” – Applying a decorative or protective topcoat, or printing on vinyl-coated fabric or vinyl sheets. VOC emission reduction credit is not allowed when plastisols are used in emission averaging involving vinyl printing and topcoating.

(280) “Volatile Organic Compounds (VOC)” – Any one or more volatile organic compounds as defined at 40 C.F.R. 51.100, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(281) “Waste-to-Energy Facility” – A facility that uses an enclosed device using controlled combustion to thermally break down solid, liquid or gaseous combustible solid waste to an ash residue that contains little or no combustible material, and that produces electricity, steam, or other energy as a result. The term does not include facilities that primarily burn fuels other than solid waste, even if the facilities also burn some solid waste as a fuel supplement. The term also does not include facilities that burn vegetative, agricultural, or silvicultural wastes, bagasse, clean dry wood, methane or other landfill gas, wood fuel derived from construction or demolition debris, or waste tires, alone or in combination with fossil fuel. For the purposes of Rule 62-296.416, F.A.C., the term does not include facilities that primarily burn biohazardous or hazardous waste and industrial boilers that burn pelletized paper waste as a supplemental fuel.

(282) “Water-based Ink/Coating/Adhesive” – An ink, coating or adhesive with a VOC content less than or equal to 25 percent by weight as applied.

(283) “Waxy, Heavy Pour Crude Oil” – A crude oil with a pour point of 50 degrees or higher.

History

• Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872, 403.8055 FS. History–Formerly 17-2.100, Amended 2-9-93, 11-28-93, Formerly 17-210.200, Amended 11-23-94, 4-18-95, 1-2-96, 3-13-96, 3-21-96, 8-15-96, 10-7-96, 10-15-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 2-19-03, 4-1-05, 7-6-05, 2-2-06, 4-1-06, 9-4-06, 9-6-06, 1-10-07, 5-9-07, 7-16-07, 3-16-08, 10-12-08, 6-29-09, 3-11-10, 6-29-11, 12-4-11, 3-28-12, 10-23-13, 8-25-14, 4-26-17, 7-3-18, 9-29-20, 7-19-26.

Fla. Admin. Code R. 62-210.220 Small Business Assistance Program

A “Small Business Stationary Source Technical and Environmental Compliance Assistance Program,” or “Small Business Assistance Program,” is established as an organizational unit of the Department’s Division of Air Resources Management. The purpose of this rule is to establish procedures for notifying small business stationary sources of their rights and to assure an opportunity for public comment on any petition filed by any facility seeking inclusion on the list of small business stationary sources maintained by the Small Business Assistance Program.

(1) Notification of Rights. The Department shall provide, at a minimum, notice to small business stationary sources as identified pursuant to subsection 62-210.220(2), F.A.C., of state requirements.

(a) The Small Business Assistance Program shall provide notice of those rules related to air pollution which have been proposed by the Department and published in the Florida Administrative Register. Each notice shall contain:

1. The subject matter of the rule,

2. The publication date,

3. Any published effective date,

4. The Florida Administrative Register location, by volume and page number; and,

5. The Small Business Assistance Program Hotline telephone number.

(b) The Department shall provide those small business stationary sources identified pursuant to subsection 62-210.220(2), F.A.C., which are also Title V sources with notice of any requirements of Chapter 62-213, F.A.C., in accordance with the provisions of Chapter 62-213, F.A.C.

(2) Public Notice and Comment. The Small Business Assistance Program shall create and maintain a list of interested entities to receive the notices identified in subsection 62-210.220(1), F.A.C.

(a) The Small Business Assistance Program shall create a list of small business stationary sources as follows:

1. The program shall identify, using existing Department air pollutant emitting facility computerized records, all permitted facilities that have the potential to emit not more than 100 tons per year of all regulated air pollutants. The program shall request of each such facility:

a. The total number of full-time and part-time employees, including temporary employees, employed by the person, corporation or partnership which owns or operates the facility,

b. The type of business in which the facility is engaged; and,

c. The total amount of annual receipts for the most recently completed fiscal year.

2. Each facility desiring consideration as a small business stationary source shall provide the information listed in subparagraph 62-210.220(2)(a)1., F.A.C. The Small Business Assistance Program shall review the information and determine, based upon the information submitted by the facility and upon the air pollutant emission information contained in the Department’s computerized air facility records, whether the facility is a “small business stationary source” as defined in subsection 62-210.200, F.A.C.

(b) Any facility may petition for inclusion on the list described at paragraph 62-210.220(2)(a), F.A.C. Each petitioning facility must publish notice of such petition in a newspaper of general circulation in each county in which the facility operates. No less than 30 days after receipt of both the notice of publication and a petition meeting the requirements of this paragraph, the Small Business Assistance Program shall add to the list the name and address of any such facility which conforms to the requirements of paragraph (b), of the definition of “small business stationary source” at Rule 62-210.200, F.A.C. Each petition for inclusion must provide factual data showing:

1. Name,

2. Mail address,

3. Facility address,

4. County,

5. Standard Industrial Classification (SIC) code,

6. Description of operation,

7. Data showing the facility is owned or operated by an individual person, a corporate entity or a partnership entity employing no more than 100 employees including full and part-time employees and permanent and temporary employees during any pay period of the past 12 calendar months preceding application,

8. Data showing the facility does not exceed the size standards, as expressed in dollars, established in 13 C.F.R. 121.601, hereby adopted and incorporated by reference; and,

9. Data showing the facility does not emit more than 100 tons per year, in the aggregate, of all regulated air pollutants.

(c) The Small Business Assistance Program shall notify each facility responding pursuant to subparagraph 62-210.220(2)(a)2., F.A.C., or petitioning pursuant to paragraph 62-210.220(2)(b), F.A.C., that the responding facility does or does not conform to the definition of “small business stationary source” at Rule 62-210.200, F.A.C., or that the petitioning facility does or does not conform to the requirements of paragraph (b), of the definition of “small business stationary source” at Rule 62-210.200, F.A.C. The determination shall constitute agency action for purposes of Chapter 28-106, F.A.C. Any person who has provided comments to the Small Business Assistance Program in response to the published notice described at paragraph 62-210.220(2)(b), F.A.C., shall be provided written notice of the determination. The facility shall be considered an applicant for purposes of Chapter 28-106, F.A.C.

(d) The Department shall include on the list described at paragraph 62-210.220(1)(a), F.A.C., each facility that has submitted a petition pursuant to paragraph 62-210.220(2)(b), F.A.C., and which the Department has determined conforms to the definition of “small business stationary source” at Rule 62-210.200, F.A.C.

(e) The Department shall maintain the list described at paragraph 62-210.220(1)(a), F.A.C., annually. The Department shall delete from the list the name and address of any facility which has requested deletion or from which the Department’s notice has been returned as not deliverable.

History

• Rulemaking Authority 403.8052 FS. Law Implemented 403.8052 FS. History–New 10-15-96, Amended 2-11-99.

Fla. Admin. Code R. 62-210.300 Permits Required

(1) Air Construction Permits.

(a) Unless exempt from permitting pursuant to this rule or Rule 62-4.040, F.A.C., or the facility has submitted an off-permit change or a Section 502(b)(10) change that meets the requirements of Rule 62-213.410, F.A.C., or a minor air operation permit change that meets the requirements of paragraph 62-210.300(2)(d), F.A.C., the owner or operator of any facility or emissions unit which emits or can reasonably be expected to emit any air pollutant shall obtain appropriate authorization from the Department prior to undertaking any activity at the facility or emissions unit for which such authorization is required. An air construction permit shall be obtained by the owner or operator of any proposed new, reconstructed, or modified facility or emissions unit, or any new pollution control equipment prior to the beginning of construction, reconstruction pursuant to 40 C.F.R. 60.15 or 63.2, or modification of the facility or emissions unit or addition of the air pollution control equipment; or to establish a PAL; in accordance with all applicable provisions of this chapter, Chapters 62-212, and 62-4, F.A.C. The construction permit shall be issued for a period of time sufficient to allow construction, reconstruction or modification of the facility or emissions unit or addition of the air pollution control equipment; and operation while the owner or operator of the new, reconstructed or modified facility or emissions unit or the new pollution control equipment is conducting tests or otherwise demonstrating initial compliance with the conditions of the construction permit. All emission limitations, controls, and other requirements imposed by any individual air permit shall be at least as stringent as any limitations and requirements contained in or enforceable under the State Implementation Plan (SIP) or Designated Facility Plan. Except as provided at Rule 62-213.460, F.A.C., being authorized to construct, operate, or undertake any other activity by individual air permit or air general permit does not relieve the owner or operator of a facility or emissions unit from complying with any emission limiting standards or other requirements of the air pollution rules of the Department or any other such requirements under federal, state, or local law.

(b) Notwithstanding the expiration of an air construction permit, all limitations and requirements of such permit that are applicable to the design and operation of the permitted facility or emissions unit shall remain in effect until the facility or emissions unit is permanently shut down, except for any such limitation or requirement that is obsolete by its nature (such as a requirement for initial compliance testing) or any such limitation or requirement that is changed in accordance with the provisions of subparagraph 62-210.300(1)(b)1., F.A.C. Either the applicant or the Department can propose that certain conditions be considered obsolete. Any conditions or language in an air construction permit that are included for informational purposes only, if they are transferred to the air operation permit, shall be transferred for informational purposes only and shall not become enforceable conditions unless voluntarily agreed to by the permittee or otherwise required under Department rules.

1. Except for those limitations or requirements that are obsolete, all limitations and requirements of an air construction permit shall be included and identified in any air operation permit for the facility or emissions unit. The limitations and requirements included in the air operation permit can be changed, and thereby superseded, through the issuance of an air construction permit, federally enforceable state air operation permit, federally enforceable air general permit, or Title V air operation permit; provided, however, that:

a. Any change that would constitute an administrative correction may be made pursuant to Rule 62-210.360, F.A.C.,

b. Any change that would constitute a modification, as defined at Rule 62-210.200, F.A.C., shall be accomplished only through the issuance of an air construction permit; and,

c. Any change in a permit limitation or requirement that originates from a permit issued by the Environmental Protection Agency pursuant to 40 C.F.R. 52.21, or by the Department pursuant to subparagraph 62-204.800(11)(d)2., Rules 62-212.400, 62-212.500, F.A.C., or any former codification of Rule 62-212.400 or 62-212.500, F.A.C., shall be accomplished only through the issuance of a new or revised air construction permit under subparagraph 62-204.800(11)(d)2., Rule 62-212.400 or 62-212.500, F.A.C., as appropriate.

2. The force and effect of any change in a permit limitation or requirement made in accordance with the provisions of subparagraph 62-210.300(1)(b)1., F.A.C., shall be the same as if such change were made to the original air construction permit.

3. Nothing in paragraph 62-210.300(1)(b), F.A.C., shall be construed as to allow operation of a facility or emissions unit without a valid air operation permit.

(c) Notwithstanding the provisions of paragraph 62-210.200(1)(a), F.A.C., the owner or operator of any eligible facility who registers to use an air general permit under Rule 62-210.310, F.A.C., who is not denied use of the air general permit, and who constructs the facility in compliance with the terms and conditions of the air general permit shall not be required to obtain an air construction permit pursuant to this subsection, provided, however, that any proposed new major stationary source, major modification, or modification that would be a major modification but for the provisions of paragraph 62-212.400(2)(a), F.A.C., shall require authorization by air construction permit.

(2) Air Operation Permits. Unless exempted from permitting pursuant to this rule or Rule 62-4.040, F.A.C., the owner or operator of any facility or emissions unit which emits or can reasonably be expected to emit any air pollutant shall obtain appropriate authorization from the Department prior to undertaking any activity at the facility or emissions unit for which such authorization is required. Upon expiration of the air operation permit for any existing facility or emissions unit; subsequent to any construction, reconstruction or modification of a facility or emissions unit authorized by an air construction permit, and demonstration of compliance with the conditions of such air construction permit; subsequent to the establishment of a PAL by air construction permit; or as otherwise provided in this chapter or Chapter 62-213, F.A.C.; the owner or operator of such facility or emissions unit shall obtain a renewal air operation permit, an initial air operation permit, or revision of an existing air operation permit, whichever is appropriate, in accordance with all applicable provisions of this chapter, Chapters 62-213 (if the facility is a Title V source), and 62-4, F.A.C. All emission limitations, controls, and other requirements imposed by any individual air permit shall be at least as stringent as any limitations and requirements contained in or enforceable under the State Implementation Plan (SIP) or Designated Facility Plan. Except as provided at Rule 62-213.460, F.A.C., being authorized to construct, operate, or undertake any other activity by individual air permit or air general permit does not relieve the owner or operator of a facility or emissions unit from complying with any emission limiting standards or other requirements of the air pollution rules of the Department or any other such requirements under federal, state, or local law.

(a) Minimum Requirements for All Air Operation Permits. At a minimum, a permit issued pursuant to this subsection shall:

1. Specify the manner, nature, volume and frequency of the emissions permitted, and the applicable emission limiting standards or performance standards, if any.

2. Require proper operation and maintenance of any pollution control equipment by qualified personnel, where applicable in accordance with the provisions of any operation and maintenance plan required by the air pollution rules of the Department.

3. Contain an effective date stated in the permit which shall not be earlier than the date final action is taken on the application and be issued for a period, beginning on the effective date, as provided below.

a. The operation permit for an emissions unit which is in compliance with all applicable rules and in operational condition, and which the owner or operator intends to continue operating, shall be issued or renewed for a five-year period.

b. Except as provided in sub-subparagraph 62-210.300(2)(a)3.d., F.A.C., the operation permit for an emissions unit which has been shut down for six months or more prior to the expiration date of the current operation permit, shall be renewed for a period not to exceed five years from the date of shutdown, even if the emissions unit is not maintained in operational condition, provided:

(I) The owner or operator of the emissions unit demonstrates to the Department that the emissions unit may need to be reactivated and used, or that it is the owner’s or operator’s intent to apply to the Department for a permit to construct a new emissions unit at the facility before the end of the extension period; and,

(II) The owner or operator of the emissions unit agrees to and is legally prohibited from providing the allowable emission permitted by the renewed permit as an emissions offset to any other person under Rule 62-212.500, F.A.C.; and,

(III) The emissions unit was operating in compliance with all applicable rules as of the time the source was shut down.

c. Except as provided in sub-subparagraph 62-210.300(2)(a)3.d., F.A.C., the operation permit for an emissions unit which has been shut down for five years or more prior to the expiration date of the current operation permit shall be renewed for a maximum period not to exceed ten years from the date of shutdown, even if the emissions unit is not maintained in operational condition, provided the conditions given in sub-subparagraph 62-210.300(2)(a)3.b., F.A.C., are met and the owner or operator demonstrates to the Department that failure to renew the permit would constitute a hardship, which may include economic hardship.

d. The operation permit for an electric utility generating unit on cold standby or long-term reserve shutdown shall be renewed for a five-year period, and additional five-year periods, even if the unit is not maintained in operational condition, provided the conditions given in sub-sub-subparagraphs 62-210.300(2)(a)3.b.(I) through (III), F.A.C., are met.

4. In the case of an emissions unit permitted pursuant to sub-subparagraphs 62-210.300(2)(a)3.b., c., and d., F.A.C., include reasonable notification and compliance testing requirements for reactivation of such emissions unit and provide that the owner or operator demonstrate to the Department prior to reactivation that such reactivation would not constitute a major modification, modification, or reconstruction pursuant to this chapter or any federal regulation adopted by reference at Rule 62-204.800, F.A.C.

(b) Additional Requirements for Federally Enforceable State Operation Permits (FESOPs) for Non-Title V Sources.

1. An operation permit for a non-Title V source, including a synthetic non-Title V source, shall be considered federally enforceable only if it is issued, renewed, or revised in accordance with the following provisions:

a. At the time of initial application for the permit, the applicant requests that the permit be made federally enforceable.

b. A notice of proposed agency action on the initial application, any renewal application involving material changes from the existing permit, and any application for permit revision is published in accordance with the provisions of subsections 62-210.350(1) and (4), F.A.C., except as provided in subparagraph 62-210.300(2)(b)3., F.A.C.

c. The permit is a facility-wide permit.

d. The permit is conditioned such that the owner or operator is legally obligated to adhere to the terms and limitations of such permit, including any condition or limitation assumed by the owner or operator upon acceptance of such permit.

e. The permit is conditioned such that any emissions limitation, control requirement, or other requirement assumed by the owner or operator upon acceptance of such permit shall be quantifiable and enforceable as a practical matter.

2. Once a synthetic non-Title V source has been issued a federally enforceable state operation permit (FESOP), it shall remain subject to the requirements of paragraph 62-210.300(2)(b), F.A.C., unless:

a. The owner or operator accepts a higher limit and the facility becomes a Title V source, or

b. The owner or operator demonstrates to the Department that it no longer needs a federally enforceable operation permit to be classified as a non-Title V source (i.e., the facility is naturally “minor” without any federally enforceable limits) and specifically requests exemption from these requirements.

3. If all of the permitted emissions units within a facility have been issued one or more air construction permits which have undergone public notice in accordance with procedures at least as stringent as those provided in subsection 62-210.350(4), F.A.C., and the applicant requests that the conditions of such construction permit(s) be transferred without material change to a federally enforceable state operation permit (FESOP), the Department shall waive the requirements of sub-subparagraph 62-210.300(2)(b)1.b. and subparagraph 62-210.350(4)(a)3., F.A.C., for publication of a notice of proposed agency action; provided, however, that the remaining provisions of subsection 62-210.350(4), F.A.C., shall apply, including the requirement that notice be given to the U.S. Environmental Protection Agency and any local air pollution control program.

4. If an applicant requests that existing, multiple air operation permits for a facility be consolidated into a single federally enforceable state operation permit (FESOP), the Department shall reduce the permit processing fee required pursuant to Rule 62-4.050, F.A.C., by an amount equal to the sum of the processing fees paid for the existing permits prorated by the number of years remaining until expiration of each such permit.

(c) Notwithstanding the provisions of subsection 62-210.300(2), F.A.C., the owner or operator of any eligible facility who registers to use an air general permit under Rule 62-210.310, F.A.C., or Rule 62-213.300, F.A.C., who is not denied use of the air general permit, and who operates the facility in compliance with the terms and conditions of the air general permit shall not be required to obtain an air operation permit pursuant to this subsection or Rule 62-213.400, F.A.C.

(d) Minor air operation permit changes. A permitted source operating under a minor Air Operation Permit, may implement operating changes at the source that contravene an express permit term or condition if the changes are not physical changes in, or changes in the method of operation of, the facility which increase the amount of any air pollutant emitted by the facility or which result in the emission of any air pollutant not previously emitted by the facility, and the changes do not exceed allowable emission under the permit (whether expressed as a rate of emissions or in terms of total emissions), as defined in Rule 62-210.200, F.A.C., if the source provides the Department with written notice at least 7 days prior to implementing any such operating change.

(3) Exemptions from Permitting. Except as otherwise provided herein, an owner or operator shall not be required to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., for any facility, emissions unit, or pollutant-emitting activity that satisfies the applicable permitting exemption criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., or has been exempted from permitting pursuant to Rule 62-4.040, F.A.C. Failure of a facility, emissions unit, or activity to satisfy the exemption criteria of paragraph 62-210.300(3)(a) or (b), F.A.C., does not preclude such facility, emissions unit, or activity from being considered for exemption pursuant to Rule 62-4.040, F.A.C. Notwithstanding the above, no emissions unit or activity shall be exempt from the requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., if it would be subject to any unit-specific limitation or requirement, unless compliance with such limitation or requirement is specifically listed as a condition of exemption. Furthermore, no new, reconstructed, or modified emissions unit or activity shall be exempt from the requirement to obtain an air construction permit if its emissions would contribute to a major modification or to any modification that would be a major modification but for the use, in whole or in part, of the baseline actual-to-projected actual applicability test in Rule 62-212.400, F.A.C. An emissions unit or pollutant-emitting activity exempt from the requirement to obtain an air construction permit shall not be exempt from the permitting requirements of Chapter 62-213, F.A.C., if it is contained within a Title V source or if its emissions, in combination with the emissions of other emission units and activities at the facility, would cause the facility to be classified as a Title V source. Exemption from the requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., does not relieve the owner or operator of a facility or emissions unit from complying with any limitation or requirement applicable to such facility or emissions unit.

(a) Categorical and Conditional Exemptions. Except as otherwise provided at subsection 62-210.300(3), F.A.C., above, the following facilities, emissions units, and pollutant-emitting activities shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C.

1. Home heating and comfort heating with a gross maximum heat output of less than one million Btu per hour.

2. Internal combustion engines in boats, aircraft and vehicles used for transportation of passengers or freight.

3. Incinerators in one or two family dwellings or in multi-family dwellings containing four or less family units, one of which is owner-occupied.

4. Noncommercial and nonindustrial vacuum cleaning systems used exclusively for residential housekeeping purposes.

5. Cold storage refrigeration equipment, except for any such equipment located at a Title V source using an ozone-depleting substance regulated under 40 C.F.R. Part 82.

6. Vacuum pumps in laboratory operations.

7. Equipment used for steam cleaning.

8. Belt or drum sanders having a total sanding surface of five square feet or less and other equipment used exclusively on wood or plastics or their products having a density of 20 pounds per cubic foot or more.

9. Equipment used exclusively for space heating, other than boilers.

10. Noncommercial smoke houses used exclusively for smoking food products.

11. Bakery ovens located at any retail bakery facility which derives at least fifty percent of its revenues from retail sales on premises. Also, bakery ovens located at any commercial bakery facility utilizing only non-conveyor belt ovens operating on a single baking cycle in which a determinate amount of product is cooked at one baking (i.e., batch ovens).

12. Laboratory equipment used exclusively for chemical or physical analyses.

13. Brazing, soldering or welding equipment.

14. Laundry dryers, extractors, or tumblers for fabrics cleaned with only water solutions of bleach or detergents.

15. Fire and safety equipment.

16. Petroleum lubrication systems.

17. Application of fungicide, herbicide, or pesticide.

18. Asbestos renovation and demolition activities.

19. Vehicle refueling operations and associated fuel storage.

20. Restaurants.

21. Incineration of drugs seized by law enforcement, agricultural food products that cannot be transported into the country or across state lines to prevent biocontamination, or animal carcasses may be conducted in an air-permitted incinerator regulated under 40 CFR Part 60, Subparts Cb, Eb, AAAA, BBBB, CCCC, or DDDD, adopted and incorporated by reference in Rule 62-204.800, F.A.C., or as follows:

a. A government agency may own and operate an incinerator that is designed for animal carcass disposal associated with the study, surveillance, or mitigation of animal disease spread, odor control, or related health impacts. An incinerator being used for these purposes shall be equipped with a secondary chamber to ensure complete combustion.

b. A government agency may own and operate an incinerator to dispose of drugs seized by law enforcement, agricultural food products that cannot be transported into the country or across state lines to prevent biocontamination. An incinerator being used for these purposes shall be equipped with a secondary chamber to ensure complete combustion or be a cyclonic burn barrel as defined in 40 CFR 60.2875, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

c. A government agency using an incinerator under sub-subparagraphs 62-210.300(3)(a)21.a. or b., F.A.C., shall also meet the following requirements:

(I) The incinerator shall not exceed a charging rate of 300 pounds per hour of material;

(II) The owner or operator shall keep records of the amount and type of materials being combusted; and

(III) The incinerator shall comply with the opacity requirements of paragraph 62-296.401(1)(a), F.A.C.

22. Phosphogypsum cooling ponds and inactive phosphogypsum stacks which have demonstrated compliance with the requirements of 40 CFR Part 61, Subpart R, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

23. Degreasing units using heavier-than-air vapors exclusively, provided that such units shall not use any substance containing any hazardous air pollutant.

24. Non-halogenated solvent storage and cleaning operations, provided that such operations shall not use any solvent containing any hazardous air pollutant and the operation is not subject to the requirements of Rule 62-296.511, F.A.C.

25. Petroleum dry cleaning facilities, provided the solvent consumption shall be less than 3,250 gallons per year.

26. Portable air curtain incinerators, provided the following conditions are met.

a. Except as provided at sub-subparagraph c., only land clearing debris and appropriate starting fuel shall be burned in the air curtain incinerator. The air curtain incinerator shall not be used to burn any material prohibited to be open-burned as set forth at subsection 62-256.300(3), F.A.C. Only kerosene, diesel fuel, drip torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas or liquefied petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited.

b. The air curtain incinerator, alone or in combination with any other air curtain incinerator(s) claiming this exemption from air permitting, shall not be located at a single site for more than six (6) months in any consecutive twelve (12) months and, except as provided at sub-subparagraph c., shall not burn any material other than land clearing debris generated at the site or at any other site under control of the same person (or persons under common control). For purposes of this provision, a site is any and all locations on one (1) or more contiguous or adjacent properties which are under the control of the same person (or persons under common control), except that, in the case of a linear right-of-way, a site is any and all locations within any one-mile span of right-of-way. Any deployment of one (1) or more air curtain incinerators at a single site for more than six (6) months in any consecutive twelve (12) months, and, except as provided at sub-subparagraph c., any use of an air curtain incinerator at a site to burn material other than land clearing debris generated at the site or any other site under control of the same person (or persons under common control), shall require an appropriate air permit.

c. Notwithstanding the provisions of sub-subparagraphs a. and b., the air curtain incinerator may be used for up to six (6) months in any consecutive twelve (12) months at any location for the destruction of animal carcasses in accordance with the provisions of subsection 62-256.700(6), F.A.C., or the destruction of insect or disease-infested vegetation in accordance with the provisions of subsection 62-256.700(9), F.A.C. When using an air curtain incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion. An air curtain incinerator may be used for burning of storm-generated vegetative debris in accordance with the provisions of subsection 62-256.700(8), F.A.C., so long as:

(I) The air curtain incinerator is used in a disaster declaration area;

(II) The air curtain incinerator is used for a period not to exceed eight (8) weeks from the date the unit began operation. If the unit will operate for more than eight (8) weeks, the operator must notify the Department by the end of the eighth week and the notification must identify the start date, a description of the material being burned, a description of the size and design of the unit, and the reasons why the incinerator must be operated for more than eight weeks.

(III) If the operator of the unit submits the required notification as specified in sub-sub-subparagraph 62-210.300(3)(a)26.c.(II), F.A.C., the unit may be operated for an additional eight (8) weeks, for a total of sixteen (16) weeks.

(IV) If the Department has approved in writing an operator’s request to continue operation beyond sixteen (16) weeks, then the operator may continue to operate the incinerator or air curtain incinerator until the date specified in the written approval.

d. If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of emissions. Pit width shall not exceed twelve (12) feet.

e. Material shall not be loaded into the air curtain incinerator such that it protrudes above the level of the air curtain in the pit.

f. Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than 1/3 the pit depth or to the point where the ash begins to impede combustion, whichever occurs first.

g. Visible emissions from the air curtain incinerator shall not exceed ten percent (10%) opacity, six (6) minute average, except for up to thirty (30) minutes during periods of startup when visible emissions up to thirty-five percent (35) opacity, six (6) minute average, shall be allowed. For purposes of this exemption, these visible emissions limitations shall not be considered unit-specific applicable requirements.

h. The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator.

i. The air curtain incinerator shall be located at least 50 feet away from any wildlands, brush, combustible structure, or paved public roadway and 300 feet away from any occupied building.

j. If the air curtain incinerator is equipped with refractory-lined walls, charging shall begin no earlier than sunrise and must end no later than one hour after sunset. If the air curtain incinerator is not equipped with refractory-lined walls, charging shall begin no earlier than 8:00 a.m. (Central Time) or 9:00 a.m. (Eastern Time), and must end no later than one hour after sunset. After charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained onsite that documents daily beginning and ending times of charging.

k. Prior to any period of operation of the air curtain incinerator, the owner or operator shall contact the Florida Forest Service regarding the planned burning activity.

l. If the owner of the air curtain incinerator, by lease or other means, grants authority to operate the incinerator to a person not in the employ of the owner, the owner shall provide such person with a copy of the conditions of this exemption.

m. If the air curtain incinerator is operated in compliance with all conditions of this exemption, it shall not be subject to the requirements of subsection 62-296.401(7), F.A.C.

27. Surface coating operations within a single facility, provided all the following conditions are met.

a. The surface coating operation shall use only coatings containing 5.0 percent or less VOC, by volume, or the total quantity of coatings containing greater than 5.0 percent VOC, by volume, used at the facility shall not exceed 6.0 gallons per day, averaged monthly, where the quantity of coatings used includes all solvents and thinners used in the process or for cleanup.

b. Such operations are not subject to any unit-specific limitation or requirement.

c. The surface coating operation is not subject to any of the requirements of Rules 62-296.501 through 62-296.515, F.A.C.

28. Volume reduction processes as defined in Rule 62-296.417, F.A.C., provided the owner or operator shall manage only spent mercury-containing lamps removed from the facility where the volume reduction process is located.

29. Mercury recovery processes as defined in Rule 62-296.417, F.A.C., provided the owner or operator shall manage only spent mercury-containing devices temporarily or permanently removed from service from the owner or operator’s own facilities or installations.

30. Bulk gasoline plants, provided all the following conditions are met.

a. The facility receives and distributes only petroleum-based lubricants, gasoline, diesel fuel, mineral spirits and kerosene.

b. The total storage capacity for gasoline at the facility does not exceed 100,000 gallons.

c. The facility shall not distribute more than 1.3 million gallons of gasoline in any consecutive twelve (12) months.

d. The facility is not subject to Rule 62-296.418, F.A.C.

e. The facility is not subject to any of the requirements of Rule 62-296.510 or 62-296.516, F.A.C.

31. Relocatable wet screening-only operations, provided:

a. The screening operation is not connected to a nonmetallic mineral processing plant subject to 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C.,

b. No hazardous waste, as defined in Section 403.703, F.S., shall be processed; and,

c. The operation shall not operate at a single site for more than six (6) months in any consecutive twelve (12) months. For purposes of this provision, a site is any and all locations on one or more contiguous or adjacent properties which are under the control of the same person (or persons under common control).

32. Contaminated Site Cleanup, as described at Rule 62-780.700, F.A.C., provided that the total volatile organic compounds in the air emissions from all onsite remediation equipment shall not exceed 13.7 pounds per day.

33. Fossil fuel steam generators, hot water generators, and other external combustion heating units with heat input capacity equal to or less than 10 million Btu per hour, provided all the following conditions are met with respect to each such unit.

a. The unit is not subject to the Acid Rain Program or any other unit-specific limitation or requirement.

b. The rated heat input capacity of the unit is equal to or less than 10 million Btu per hour and, collectively, the total rated heat input capacity of all units claiming this exemption at the same facility is less than 10 million Btu per hour.

c. The unit is a gas-fired boiler, which, for the purposes of this exemption, is defined as any boiler that burns gaseous fuels not combined with any solid fuels and burns liquid fuel only during periods of gas curtailment, gas supply interruption, startups, or periodic testing of liquid fuel. Periodic testing of liquid fuel shall not exceed a combined total of 48 hours during any calendar year.

34. Fossil fuel steam generators, hot water generators, and other external combustion heating units with heat input capacity less than 100 million Btu per hour, provided all the following conditions are met with respect to each such unit.

a. The unit is not subject to the Acid Rain Program, or any other unit-specific limitation or requirement other than any such limitation or requirement that may apply pursuant to 40 C.F.R. Part 63, Subparts DDDDD and JJJJJJ, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

b. The rated heat input capacity of the unit is less than 100 million Btu per hour and, collectively, the total rated heat input capacity of all units claiming this exemption at the same facility is less than 250 million Btu per hour.

c. The unit shall not burn more than the maximum annual amount of a single fuel, as given in sub-subparagraph e., or equivalent maximum annual amounts of multiple fuels, as addressed in sub-subparagraph f.

d. Collectively, all units claiming this exemption at the same facility shall not burn more than the collective maximum annual amount of a single fuel, as given in sub-subparagraph g., or equivalent collective maximum annual amounts of multiple fuels, as addressed in sub-subparagraph h.

e. If burning only one (1) type of fuel, the annual amount of fuel burned by the unit shall not exceed 150 million standard cubic feet of natural gas, one million gallons of propane, one million gallons of fuel oil with a sulfur content not exceeding 0.05 percent, by weight, 290,000 gallons of fuel oil with a sulfur content not exceeding 0.5 percent, by weight, or 145,000 gallons of fuel oil with a sulfur content not exceeding 1.0 percent, by weight.

f. If burning more than one (1) type of fuel, the equivalent annual amount of each fuel burned by the unit shall not exceed the maximum annual amount of such fuel, as given in sub-subparagraph e., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the total annual amount of the fuel burned by the unit to the total annual amount of such fuel allowed to be burned by the unit pursuant to sub-subparagraph e. The sum of the fuel percentages for all fuels burned by the unit must be less than or equal to 100 percent.

g. If burning only one (1) type of fuel, the collective annual amount of fuel burned by all units claiming this exemption at the same facility shall not exceed 375 million standard cubic feet of natural gas, 2.5 million gallons of propane, 2.5 million gallons of fuel oil with a sulfur content not exceeding 0.05 percent, by weight, 290,000 gallons of fuel oil with a sulfur content not exceeding 0.5 percent, by weight, or 145,000 gallons of fuel oil with a sulfur content not exceeding 1.0 percent, by weight.

h. If burning more than one (1) type of fuel, the equivalent collective annual amount of each fuel burned by the units claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such fuel, as given in sub-subparagraph g., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the total annual amount of the fuel burned by all units claiming this exemption at the same facility to the total annual amount of such fuel allowed to be burned by all units claiming this exemption at the same facility pursuant to sub-subparagraph g. The sum of the fuel percentages for all fuels burned by the units claiming this exemption at the same facility must be less than or equal to 100 percent.

i. If the unit is subject to 40 C.F.R. Part 63, Subpart DDDDD or JJJJJJ, the owner shall comply with all limitations and requirements of Subpart DDDDD or JJJJJJ that apply to the unit.

35. Stationary Reciprocating Internal Combustion Engines, provided all the following conditions are met with respect to each such engine.

a. The engine is not subject to the Acid Rain Program, CAIR Program, or any other unit-specific limitation or requirement other than any such limitation or requirement that may apply pursuant to 40 C.F.R. Part 60, Subpart IIII or JJJJ, or 40 C.F.R Part 63, Subpart ZZZZ, all adopted and incorporated by reference at Rule 62-204.800, F.A.C.

b. The engine shall not burn used oil or any fuels other than natural gas, propane, gasoline, and diesel fuel.

c. Collectively, all engines claiming this exemption at the same facility shall not burn more than the collective maximum annual amount of a single fuel, as given in sub-subparagraph d., or equivalent collective maximum annual amounts of multiple fuels, as addressed in sub-subparagraph e.

d. If burning only one type of fuel, the collective annual amount of fuel burned by all engines claiming this exemption at the same facility shall not exceed 53,000 gallons of gasoline, 64,000 gallons of diesel fuel, 288,000 gallons of propane, or 8.8 million standard cubic feet of natural gas.

e. If burning more than one type of fuel, the equivalent collective annual amount of each fuel burned by the engines claiming this exemption at the same facility shall not exceed the collective maximum annual amount of such fuel, as given in sub-subparagraph d., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the total amount of the fuel burned by all engines claiming this exemption at the same facility to the total amount of such fuel allowed to be burned by all engines claiming this exemption at the same facility pursuant to sub-subparagraph d. The sum of the fuel percentages for all fuels burned by the engines claiming this exemption at the same facility must be less than or equal to 100 percent.

f. If the engine is a stationary compression ignition reciprocating internal combustion engine that is subject to 40 C.F.R. Part 60, Subpart IIII, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or by virtue of modification or reconstruction becomes subject to such subpart, the owner or operator shall comply with all limitations and requirements of Subpart IIII that apply to the engine.

g. If the engine is a stationary spark ignition reciprocating internal combustion engine that is subject to 40 C.F.R. Part 60, Subpart JJJJ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or by virtue of modification or reconstruction becomes subject to such subpart, the owner or operator shall comply with all limitations and requirements of Subpart JJJJ that apply to the engine.

h. If the engine is a stationary reciprocating internal combustion engine subject to 40 C.F.R. Part 63, Subpart ZZZZ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the owner or operator shall comply with all limitations and requirements of Subpart ZZZZ that apply to the engine. If emissions testing is required pursuant to Subpart ZZZZ, all reports and notifications, including notifications of upcoming tests, shall be submitted to the Department in accordance with the provisions of Subpart ZZZZ.

36. Printing operations, provided:

a. The facility is not subject to any unit-specific limitation or requirement,

b. The printing operation is not subject to any of the requirements of Rule 62-296.515, F.A.C.

c. The facility shall use less than 667 gallons of materials containing any hazardous air pollutants in any consecutive twelve (12) months; and,

d. The facility shall:

(I) Operate only heatset offset lithographic printing lines and use less than 20,000 pounds, combined, of inks, cleaning solvents, fountain solution concentrate and fountain solution additives in any consecutive twelve (12) months,

(II) Operate only non-heatset offset lithographic printing lines and use less than 2,850 gallons, combined of cleaning solvents, fountain solution concentrate and fountain solution additives in any consecutive twelve (12) months,

(III) Operate only digital printing lines and use less than 2,425 gallons, combined, of solvent based inks, clean-up solutions, and other solvent-containing materials in any consecutive twelve (12) months,

(IV) Operate only screen or letterpress printing lines and use less than 2,850 gallons, combined, of solvent based inks, clean-up solutions, and other solvent-containing materials in any consecutive twelve (12) months,

(V) Operate only water-based or ultraviolet-cured-material flexographic or rotogravure printing lines and use less than 80,000 pounds, combined, of water-based inks, coatings, and adhesives in any consecutive twelve (12) months, or

(VI) Operate only solvent-based material flexographic or rotogravure printing lines and use less than 20,000 pounds, combined, of inks, dilution solvents, coatings, cleaning solutions, and adhesives in any consecutive twelve (12) months.

37. Yard Trash Processing and Recycling facilities, provided that:

a. The facility maintains its Registration and Annual Report for a Yard Trash Transfer Station or Solid Waste Recycling Facility pursuant to Chapter 62-709, F.A.C.;

b. The facility complies with the general particulate emissions limiting standards pursuant to subsection 62-296.320(4), F.A.C.; and

c. Open burning is prohibited at the facility.

(b) Generic Exemptions.

1. Generic Emissions Unit or Activity Exemption. Except as otherwise provided at subsection 62-210.300(3), F.A.C., above, an emissions unit or pollutant-emitting activity that is not entitled to a categorical or conditional exemption pursuant to paragraph 62-210.300(3)(a), F.A.C., shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., if it meets all of the following criteria.

a. It would not be subject to any unit-specific limitation or requirement.

b. Its emissions, in combination with the emissions of other units and activities at the facility, would not cause the facility to emit or have the potential to emit any pollutant in such amount as to create a Title V source.

c. It would neither emit nor have the potential to emit 500 pounds per year or more of lead and lead compounds expressed as lead, 1,000 pounds per year or more of any hazardous air pollutant, 2,500 pounds per year or more of total hazardous air pollutants, or 5.0 tons per year or more of any other regulated air pollutant as defined at Rule 62-210.200, F.A.C.

d. In the case of a proposed new emissions unit at an existing facility, the emissions of such unit, in combination with the emissions of any other proposed new or modified units and activities at the facility, would not result in a modification subject to the preconstruction review requirements of subparagraph 62-204.800(11)(d)2., Rule 62-212.400 or 62-212.500, F.A.C.

e. In the case of a proposed new pollutant-emitting activity, such activity would not constitute a modification of any existing non-exempt emissions unit at a non-Title V source or any existing non-insignificant emissions unit at a Title V source.

2. Generic Facility Exemption. Except as otherwise provided at subsection 62-210.300(3), F.A.C., a facility that is not entitled to a categorical or conditional exemption pursuant to paragraph 62-210.300(3)(a), F.A.C., shall be exempt from any requirement to obtain an air construction permit or non-Title V air operation permit, or to use an air general permit pursuant to Rule 62-210.310, F.A.C., if all of the emissions units and pollutant-emitting activities within the facility, including any proposed new emissions units and activities, individually meet the exemption criteria of paragraph 62-210.300(3)(a), F.A.C., or subparagraph 62-210.300(3)(b)1., F.A.C., or if none of the emissions units and pollutant-emitting activities within the facility, including any proposed new emissions units and activities, is subject to any unit-specific limitation or requirement and the facility meets all of the following criteria.

a. The facility would neither emit nor have the potential to emit 1,000 pounds per year or more of lead and lead compounds expressed as lead, 1.0 ton per year or more of any hazardous air pollutant, 2.5 tons per year or more of total hazardous air pollutants, 25 tons per year or more of carbon monoxide, nitrogen oxides and sulfur dioxide, or 10 tons per year or more of any other regulated air pollutant as defined at Rule 62-210.200, F.A.C.

b. The facility would neither emit nor have the potential to emit any pollutant in such amount as to create a Title V source, nor would the facility be a Title V source for any other reason.

c. A unit that does not qualify for the Generic Emissions Unit or Activity Exemption in subparagraph 62-210.300(3)(b)1., F.A.C., may still be eligble for the Generic Facility Exemption if it meets the criteria specified in sub-subparagraphs 62-210.300(3)(b)2.a., and 62-210.300(3)(b)2.b., F.A.C.

3. Temporary Phosphogypsum Exemption. Until permitted pursuant to Chapter 62-213, F.A.C., phosphogypsum disposal areas are exempt from the requirement to obtain an air operation permit.

(c) Conditional Exemptions from Title V Air Permitting. Except as otherwise provided herein, the following facilities shall be exempt from the requirement to obtain a Title V air operation permit under the provisions of Chapter 62-213, F.A.C., provided the conditions of exemption for each such facility are met. Facilities exempt from Title V air permitting pursuant to subparagraph 62-210.300(3)(c)2., F.A.C., are not exempt from the requirement to obtain an air construction permit or non-Title V air operation permit. A facility shall not be entitled to an exemption from Title V air permitting under this rule if it is a Title V source pursuant to paragraph (f), (g), or (h) of the definition of “major source of air pollution” or the facility would be classified as a Title V source as a result of the combined potential to emit regulated pollutants of all emissions units at the facility.

1. Facilities authorized to operate under any of the air general permits provided at subsection 62-210.310(4), F.A.C.

2. Facilities comprising asphalt concrete plants, provided the following conditions are met.

a. The production rate of asphaltic concrete shall not exceed 500,000 tons in any consecutive twelve-month period.

b. Fuel oil consumption shall not exceed 1.2 million gallons in any consecutive twelve-month period.

c. Fuel oil shall not exceed 1.0 percent sulfur content, by weight. The owner shall maintain records to demonstrate that each shipment of fuel oil has 1.0 percent or less.

d. Particulate matter (PM) emissions shall not exceed 0.04 grains per dry standard cubic foot averaged over a three-hour period, if the facility is subject to 40 C.F.R. 60.90, Subpart I. If the facility is not subject to Subpart I, it shall not exceed the applicable particulate emission limiting standard pursuant to paragraph 62-296.320(4)(a), F.A.C., and its hours of operation shall not exceed 4,000 hours in any consecutive twelve-month period.

e. Fugitive PM emissions shall be controlled in accordance with the requirements of paragraph 62-296.320(4)(c), F.A.C.

f. Visible emissions (VE) shall not be equal to or greater than 20 percent opacity.

g. The owner or operator shall maintain records to document the monthly and the twelve-month rolling totals of tons of asphaltic concrete produced, the gallons of fuel oil consumed, and the hours of operation. Such records shall be retained for five years.

h. The owner or operator shall submit an Annual Operating Report for Air Pollutant Emitting Facility (DEP Form No. 62-210.900(5)) to the Department annually pursuant to subsection 62-210.370(3), F.A.C.

i. The owner or operator shall submit a stack test using EPA Reference Method 5 or 5A and a visible emission (VE) test using EPA Reference Method 9, incorporated and adopted by reference in Rule 62-204.800, F.A.C., that demonstrate compliance with the applicable PM and VE standards, respectively, to the Department annually during each calendar year (January 1 – December 31).

j. The owner or operator of any facility claiming this exemption must have authorization to operate by a non-Title V air operation permit that implements the requirements of sub-subparagraphs 62-210.300(3)(c)2.a. through j., F.A.C.

(4) Authorization by Air General Permit. At the option of the owner or operator, certain facilities may use an air general permit pursuant to the procedures and conditions of Rule 62-210.310, F.A.C., Air General Permits, or Rule 62-213.300, F.A.C., Title V Air General Permits. The owner or operator of any eligible facility who registers to use an air general permit under either of these rules, and who has not been notified by the department of ineligibility to use the air general permit, shall not be required to obtain an air construction permit pursuant to subsection 62-210.300(1), F.A.C., or an air operation permit pursuant to subsection 62-210.300(2), F.A.C., or Rule 62-213.400, F.A.C., as applicable.

(5) Notification of Startup. The owners or operator of any emissions unit or facility which has a valid air operation permit which has been shut down more than one year, shall notify the Department in writing of the intent to start up such emissions unit or facility, a minimum of 60 days prior to the intended startup date.

(a) The notification shall include information as to the startup date, anticipated emission rates or pollutants released, changes to processes or control devices which will result in changes to emission rates, and any other conditions which may differ from the valid outstanding operation permit.

(b) If, due to an emergency, a startup date is not known 60 days prior thereto, the owner shall notify the Department as soon as possible after the date of such startup is ascertained.

(6) Emissions Unit Reclassification.

(a) Any emissions unit whose shutdown generated emission offsets shall be deemed permanently shut down for purposes of Rule 62-212.500, F.A.C.

(b) If the owner or operator of an emissions unit which is so permanently shut down, applies to the Department for a permit to reactivate or operate such emissions unit, the emissions unit will be reviewed and permitted as a new emissions unit.

(7) Transfer of Air Permits.

(a) An air permit is transferable only after submission of an Application for Transfer of Air Permit (DEP Form 62-210.900(7)) and Department approval in accordance with Rule 62-4.120, F.A.C. For Title V permit transfers only, a complete application for transfer of air permit shall include the requirements of 40 CFR 70.7(d)(1)(iv), adopted and incorporated by reference at Rule 62-204.800, F.A.C. Within 30 days after approval of the transfer of permit, the Department shall update the permit by an administrative permit correction pursuant to Rule 62-210.360, F.A.C.

(b) For an air general permit, the provisions of paragraph 62-210.300(7)(a) and Rule 62-4.120, F.A.C., do not apply. Thirty (30) days before using an air general permit, the new owner must submit a registration to the Department in accordance with subsection 62-210.310(2), F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–Formerly 17-2.210, Amended 11-28-93, Formerly 17-210.300, Amended 11-23-94, 4-2-95, 4-18-95, 10-16-95, 1-2-96, 3-13-96, 3-21-96, 5-13-96, 8-15-96, 10-7-96, 5-20-97, 11-13-97, 2-5-98, 2-11-99, 4-16-01, 6-21-01, 7-6-05, 2-2-06, 1-10-07, 5-9-07, 3-16-08, 10-12-08, 6-29-11, 4-26-17, 7-3-18, 9-29-20, 6-16-21, 6-1-23, 7-19-26.

Fla. Admin. Code R. 62-210.310 Air General Permits

(1) Air General Permits Established.

(a) The Department has established air general permits for various types of facilities at subsections 62-210.310(4) and (5), F.A.C.

1. The air general permits provided at subsection 62-210.310(4), F.A.C., are available to specific types of facilities that elect to comply with process limitations to escape being classified as Title V sources. A facility using one (1) of the air general permits at subsection 62-210.310(4), F.A.C., shall not be entitled to use more than one (1) such air general permit for any single facility, except where all air general permits used at the facility specifically allow the use of one another at the same facility.

2. The air general permits provided at subsection 62-210.310(5), F.A.C., are available to specific types of facilities that are subject to limitations or requirements under other state or federal rules. A facility must comply with such limitations and requirements, whether it elects to use an air general permit under this subsection, or obtain an air construction or air operation permit. A facility using one (1) of the air general permits at subsection 62-210.310(5), F.A.C., shall not be entitled to use more than one (1) such air general permit for any single facility, except where all air general permits used at the facility specifically allow the use of one another at the same facility.

(b) The owner or operator of a proposed new or existing facility who registers to use an air general permit in accordance with the procedures of this rule, and who has not been notified by the Department of ineligibility to use the air general permit, is authorized to construct or operate the facility in accordance with the terms and conditions of the specific rule paragraph which constitutes the air general permit for the type of facility involved.

(2) General Procedures. This subsection sets forth general procedures for use of any of the air general permits provided at subsections 62-210.310(4) and (5), F.A.C.

(a) Determination of Eligibility. A facility is eligible to use an air general permit under this rule if it meets all specific eligibility criteria given in the applicable air general permit at subsection 62-210.310(4) or (5), F.A.C., and the following general criteria.

1. The facility shall not contain any emissions units or pollutant-emitting activities not covered by the applicable air general permit, except:

a. Units and activities that are exempt from permitting pursuant to subsection 62-210.300(3), F.A.C., or Rule 62-4.040, F.A.C.; and,

b. Units and activities that are authorized by another air general permit where such other air general permit and the air general permit of interest specifically allow the use of one another at the same facility.

2. The facility as a whole, including any emissions units or pollutant-emitting activities that are exempt from air permitting and any units or activities that are authorized under another air general permit, shall not emit nor have the potential to emit ten (10) tons per year or more of any hazardous air pollutant, twenty-five (25) tons per year or more of any combination of hazardous air pollutants, or one hundred (100) tons per year or more of any other regulated air pollutant.

3. The owner or operator of any facility shall register to use the air general permit pursuant to paragraph 62-210.310(2)(b), F.A.C.

4. The owner or operator of any facility shall re-register to use the air general permit pursuant to paragraph 62-210.310(2)(b), F.A.C., in the following cases: impending expiration of the term for air general permit use; change of ownership of all or part of the facility; proposed new construction, modification, or other equipment change that requires registration pursuant to paragraph 62-210.310(2)(e), F.A.C.; and any other change not considered an administrative correction under paragraph 62-210.310(2)(d), F.A.C.

(b) Registration. The owner or operator who intends to construct or operate an eligible facility under the authority of an air general permit shall submit a registration to the Department. The registration shall be accompanied by the appropriate air general permit processing fee pursuant to Rule 62-4.050, F.A.C. The fee and any hard copy registrations shall be sent via mail or hand delivery or courier to the Department of Environmental Protection, Attn: FDEP Air General Permits, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida, 32399-2400. The registration shall include the following information.

1. The specific air general permit to be used.

2. Whether the registration is an initial registration (registration of a facility that is not currently authorized to construct or operate under the terms and conditions of an air general permit) or a re-registration (registration of a facility that is currently authorized to operate under the terms and conditions of an air general permit).

3. For initial registrations, a statement that the owner or operator surrenders all existing air operation permits for the facility upon the effective date of the air general permit, and a list of the specific permit numbers of the permits to be surrendered, if any.

4. For re-registrations, the facility identification number (if known) and the reason for re-registration (one or more of the following: impending expiration of the term for air general permit use; change of ownership of all or part of the facility; proposed new construction, modification, or other equipment change that requires registration pursuant to paragraph 62-210.310(2)(e), F.A.C.; or any other change not considered an administrative correction under paragraph 62-210.310(2)(d), F.A.C.).

5. The following general facility information: facility owner/company name (name of corporation, agency, or individual owner who or which owns, leases, operates, controls, or supervises the facility); site name (name, if any, of the facility site); facility location (physical location of the facility, not necessarily the mailing address); and, for a proposed new facility, the estimated start-up date.

6. The following information about the facility contact (plant manager or person to be contacted regarding day-to-day operations at the facility): name and position title; contact numbers (all of the following that apply: telephone number, cell phone number, fax number, and email address); and mailing address.

7. If the owner or operator requests that the Department send correspondence regarding the facility to any other person, the following information about each such person: name and position title; contact numbers (all of the following that apply: telephone number, cell phone number, fax number, and email address); and mailing address.

8. A description of the operations at the facility in sufficient detail to demonstrate the facility’s eligibility for use of the air general permit and to provide a basis for tracking any future equipment or process changes at the facility. Describe all air pollutant-emitting processes and equipment at the facility, and identify any air pollution control measures or equipment used.

9. Other information required to be included in the registration by the specific air general permit, pursuant to subsection 62-210.310(4) or (5), F.A.C.

(c) Use of Air General Permit.

1. Unless the owner or operator of a facility has been notified by the Department of ineligibility to use the air general permit, the owner or operator may use the air general permit for such facility thirty (30) days after giving notice to the Department. The first day of the thirty (30) day time frame, day one, is the date the Department receives the proper registration and processing fee. The last day of the thirty (30) day time frame, day thirty (30), is the date the owner or operator may use the air general permit, provided there is no agency action to notify the owner or operator of ineligibility to use the air general permit.

2. To avoid lapse of authority to operate, an owner or operator intending to use, or continue to use, an air general permit must submit the proper registration and processing fee at least thirty (30) days prior to expiration of the facility’s existing air operation permit or air general permit.

(d) Administrative Corrections. Within thirty (30) days of any minor changes requiring corrections to information contained in the registration, the owner or operator shall notify the Department in writing. Such changes shall include:

1. Any change in the name, address, or phone number of the facility or authorized representative not associated with a change in ownership or with a physical relocation of the facility or any emissions units or operations comprising the facility, or

2. Any other similar minor administrative change at the facility.

(e) Equipment Changes. The owner or operator shall maintain records of all equipment changes. In the case of installation of new process or air pollution control equipment, alteration of existing process or control equipment without replacement, or replacement of existing process or control equipment with equipment that is substantially different in terms of capacity, control efficiency, method of operation, material processed, or intended use than that noted on the most recent registration, the owner or operator shall submit a new and complete air general permit registration for the facility with the appropriate fee pursuant to Rule 62-4.050, F.A.C., to the Department at least 30 days prior to the change; provided however, that any change that would constitute a new major stationary source, major modification, or modification that would be a major modification but for the provisions of paragraph 62-212.400(2)(a), F.A.C., shall require authorization by air construction permit.

(f) Enforcement of Ineligibility. If a facility using an air general permit at any time becomes ineligible for the use of the air general permit, or if any facility using an air general permit is determined to have been initially ineligible for use of the air general permit, it shall be subject to enforcement action for constructing or operating without an air permit under subsection 62-210.300(1) or (2), F.A.C., or Chapter 62-213, F.A.C., as appropriate.

(3) General Conditions. All terms, conditions, requirements, limitations, and restrictions set forth in this subsection are “general permit conditions” and are binding upon the owner or operator of any facility using an air general permit provided at subsection 62-210.310(4) or (5), F.A.C.

(a) The owner or operator’s use of an air general permit is limited to five (5) years. Prior to the end of the five (5) year term, the owner or operator who intends to continue using the air general permit for the facility shall re-register with the Department pursuant to paragraph 62-210.310(2)(b), F.A.C. To avoid lapse of authority to operate, the owner or operator must submit the proper registration and processing fee at least thirty (30) days prior to expiration of the facility’s existing air general permit. The air general permit re-registration shall contain all current information regarding the facility.

(b) Use of an air general permit is not transferable and does not follow a change in ownership of the facility. Prior to any sale, other change of ownership, or permanent shutdown of the facility, the owner or operator is encouraged to notify the Department of the pending action. The new owner or operator who intends to continue using the air general permit for the facility shall re-register with the Department pursuant to paragraph 62-210.310(2)(b), F.A.C.

(c) The air general permit is valid only for the specific type of facility and associated emissions units and pollutant-emitting activities indicated.

(d) The air general permit does not authorize any demolition or renovation of the facility which involves asbestos removal. The air general permit does not constitute a waiver of any of the requirements of Chapter 62-257, F.A.C., or 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(e) The general permit does not authorize any open burning.

(f) The owner or operator shall not circumvent any air pollution control device or allow the emission of air pollutants without the proper operation of all applicable air pollution control devices.

(g) The owner or operator shall maintain and operate the authorized facility consistent with manufacturer recommendations and good air pollution control practices necessary to achieve compliance. Throughout the term of air general permit use, the owner or operator shall ensure that the facility maintains its eligibility to use the air general permit and complies with all terms and conditions of the air general permit.

(h) The owner or operator shall allow a duly authorized representative of the Department access to the facility at reasonable times to inspect and test, upon presentation of credentials or other documents as may be required by law, to determine compliance with the air general permit and Department rules.

(i) If, for any reason, the owner or operator of any facility operating under an air general permit does not comply with or will be unable to comply with any condition or limitation of the air general permit, the owner or operator shall immediately provide the Department with the following information as soon as possible, but no later than one (1) business day following discovery:

1. A description of and cause of noncompliance; and,

2. The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

(j) Use of an air general permit does not relieve the owner or operator of the facility from liability and penalties when the construction or operation of the authorized facility causes harm or injury to human health or welfare; causes harm or injury to animal, plant or aquatic life; or causes harm or injury to property. It does not allow the owner or operator to cause pollution in contravention of Florida law.

(k) The air general permit conveys no title to land or water, nor does it constitute state recognition or acknowledgment of title.

(l) The air general permit does not convey any vested rights or exclusive privileges, nor does it authorize any injury to public or private property or any invasion of personal rights. It does not authorize any infringement of federal, state, or local laws or regulations.

(m) Use of the air general permit shall be effective until suspended, revoked, surrendered, expired, or nullified pursuant to this rule and Chapter 120, F.S.

(n) Use of the air general permit does not eliminate the necessity for the owner or operator to obtain any other federal, state or local permits that may be required, or relieve the owner or operator from the duty to comply with any federal, state or local requirements that may apply.

(o) Annual emissions tests required by air general permit rules.

1. An annual emissions test shall not be required for any emissions unit that operated for 400 hours or less (including during startup and shutdown) during the calendar year. If an emission unit operates for more than 400 hours during the calendar year, an emissions test shall be completed no later than 60 days after the emissions unit’s annual operation exceeds 400 hours, or by the end of the calendar year, whichever is later.

2. An emissions unit shall not be required to start up for the sole purpose of conducting an emissions test. In such a case, an emissions test shall be completed no later than 60 days after the emissions unit next starts up.

3. Facilities claiming exemptions under paragraph 62-210.310(3)(o), F.A.C. shall maintain records of operational hours to demonstrate exemption eligibility.

(p) Use of an air general permit shall not preclude the Department from requiring a special compliance test pursuant to paragraph 62-297.310(8)(c), F.A.C.

(4) Air General Permits for Facilities Claiming Conditional Exemption from Title V Air Permitting.

(a) Air General Permit for Facilities Comprising a Bulk Gasoline Plant.

1. A facility comprising a bulk gasoline plant shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific limitation or requirement other than any applicable provisions of Rule 62-296.418 or 62-296.516, F.A.C.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The facility shall receive and distribute only petroleum-based lubricants, gasoline, diesel fuel, mineral spirits and kerosene.

b. The total storage capacity for gasoline at the facility shall not exceed 150,000 gallons.

c. The facility shall not exceed a throughput rate (distribute) of 6.0 million gallons of gasoline in any consecutive twelve (12) months.

d. The owner or operator shall maintain records to document the throughput rate of gasoline on a monthly basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

e. The facility shall comply with all applicable provisions of Rules 62-296.418 and 62-296.516, F.A.C.

3. The registration for this air general permit shall include all the following information.

a. For initial registrations, an estimate of the facility’s expected gasoline throughput rate (amount distributed) over a 12-month period.

b. For re-registrations, the highest 12-month gasoline throughput rate for the facility for the previous five years, and the 12-month period over which this usage occurred.

c. The county in which the facility is located.

d. The annual average daily throughput (gallons) of the facility.

e. The date the facility began (or is expected to begin) operation.

f. The capacity (gallons) of each gasoline storage tank at the facility.

g. For each gasoline storage tank, whether the tank is equipped for submerged filling (yes or no); whether the tank is equipped with a loading rack (yes or no); and whether the loading rack is equipped with a vapor collection and control system (yes or no).

h. A description of the loading racks and vapor collection and control system.

(b) Air General Permit for Facilities Comprising Stationary Reciprocating Internal Combustion Engines.

1. A facility comprising one (1) or more stationary reciprocating internal combustion engines shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific limitation or requirement other than any such limitation or requirement set forth in this air general permit.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. Total fuel consumption by all stationary reciprocating internal combustion engines at the facility shall not exceed 428,000 gallons per year of gasoline, 250,000 gallons per year of diesel fuel, 1.15 million gallons per year of propane, 40 million standard cubic feet per year of natural gas, or an equivalent prorated amount if multiple fuels are used.

b. If multiple fuels are used, the equivalent prorated amount of each fuel burned shall not exceed the total amount of such fuel allowed to be burned, as given in sub-subparagraph a., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the amount of the fuel burned at the facility to the total amount of such fuel allowed to be burned at the facility pursuant to sub-subparagraph a. The sum of the fuel percentages for all fuels burned by the facility shall not exceed 100 percent.

c. The owner or operator shall maintain records to document the fuel consumption, by type, on an annual basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

d. If the stationary compression ignition reciprocating internal combustion engine is subject to 40 C.F.R. Part 60, Subpart IIII, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or by modification or reconstruction becomes subject to such subpart, the owner or operator shall comply with all limitations and requirements of Subpart IIII that apply to the engine.

e. If the stationary spark ignition reciprocating internal combustion engine is subject to 40 C.F.R. Part 60, Subpart JJJJ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or by modification or reconstruction becomes subject to such subpart, the owner or operator shall comply with all limitations and requirements of Subpart JJJJ that apply to the engine.

f. If the stationary reciprocating internal combustion engine is subject to 40 C.F.R. Part 63, Subpart ZZZZ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the owner or operator shall comply with all limitations and requirements of Subpart ZZZZ that apply to the engine. If emissions testing is required pursuant to Subpart ZZZZ, all notifications of upcoming tests and reports shall be submitted to the Department in accordance with the provisions of Subpart ZZZZ.

3. The registration for this air general permit shall include all the following information.

a. For initial registrations, an estimate of the total amount of fuel expected to be consumed over a 12-month period.

b. For re-registrations, the highest 12-month total fuel consumption amount for the last five years, and the 12-month period over which this consumption occurred.

c. For each compression ignition reciprocating internal combustion engine subject to 40 C.F.R. Part 60, Subpart IIII, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the engine manufacturer; model number; whether it is an emergency engine as per the definition at 40 C.F.R. Part 60, Subpart IIII, adopted and incorporated by reference at Rule 62-204.800, F.A.C. (yes or no); whether there is a manufacturer certification for the engine (yes or no); and the displacement (liters per cylinder).

d. For each spark ignition reciprocating internal combustion engine subject to 40 C.F.R. Part 60, Subpart JJJJ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the engine manufacturer; model number; whether it is an emergency engine as per the definition at 40 C.F.R. Part 60, Subpart JJJJ, adopted and incorporated by reference at Rule 62-204.800, F.A.C. (yes or no); whether there is a manufacturer certification for the engine (yes or no); and the rated capacity (horsepower).

e. For each compression ignition reciprocating internal combustion engine subject to 40 C.F.R. Part 63, Subpart ZZZZ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., but not subject to 40 C.F.R. Part 60, Subpart IIII, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the engine manufacturer; model number; whether it is an emergency engine or limited use engine as per the definitions at 40 C.F.R. Part 63, Subpart ZZZZ, adopted and incorporated by reference at Rule 62-204.800, F.A.C. (yes or no); engine displacement (liters per cylinder); and rated capacity (horsepower).

f. For each spark ignition internal reciprocating combustion engine subject to 40 C.F.R. Part 63, Subpart ZZZZ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., but not subject to 40 C.F.R. Part 60, Subpart JJJJ, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the engine manufacturer; model number; whether it is an emergency engine or limited use engine as per the definitions at 40 C.F.R. Part 63, Subpart ZZZZ, adopted and incorporated by reference at Rule 62-204.800, F.A.C. (yes or no); engine type (two stroke lean burn, four stroke lean burn, or four stroke rich burn); and rated capacity (horsepower).

(c) Air General Permit for Facilities Comprising Surface Coating Operations.

1. A facility comprising one (1) or more surface coating operations shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific limitation or requirement other than any such limitation or requirement set forth in this air general permit.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The total quantity of volatile organic compounds in all coatings used shall not exceed forty-four (44) pounds per day, averaged monthly, where coatings used shall include all solvents and thinners used in the process or for cleanup.

b. The owner or operator shall maintain records to document the VOC content and the quantity of coatings used. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

c. If the facility is subject to Rules 62-296.501 through 62-296.515, F.A.C., the facility shall comply with all applicable provisions of those rules.

3. The registration for this air general permit shall include all the following information.

a. For initial registrations, an estimate of the average quantity of volatile organic compounds in all coatings (solvents and thinners) expected to be used on a daily basis.

b. For re-registrations, the highest monthly average of the daily quantity of volatile organic compounds in all coatings (solvents and thinners) used in the last five years, and the month and year during which this usage occurred.

(d) Air General Permit for Facilities Comprising Reinforced Polyester Resin Operations.

1. A facility comprising one or more reinforced polyester resin operations shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific limitation or requirement other than any such limitation or requirement set forth in this air general permit.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The combined quantity of styrene-containing resin and gelcoat used shall not exceed 76,000 pounds (thirty-eight (38) tons) in any consecutive twelve (12) months.

b. The facility shall comply with the objectionable odor prohibition of subsection 62-296.320(2), F.A.C.

c. The owner or operator shall maintain records to document the quantity of resin and gelcoat used on a monthly basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

3. The registration for this air general permit shall include all the following information.

a. For initial registrations, an estimate of the total quantity, in pounds, of styrene-containing materials (resin and gelcoat) expected to be used over a 12-month period.

b. For re-registrations, the highest 12-month total quantity, in pounds, of styrene-containing materials (resin and gelcoat) used in the last five years, and the 12-month period over which this usage occurred.

(e) Air General Permit for Facilities Comprising Cast Polymer Operations.

1. A facility comprising one (1) or more cast polymer operations shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific limitation or requirement other than any such limitation or requirement set forth in this air general permit.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The combined quantity of styrene-containing resin and gel coat used shall not exceed 284,000 pounds (142 tons) in any consecutive twelve (12) months.

b. The facility shall comply with the objectionable odor prohibition of subsection 62-296.320(2), F.A.C.

c. The owner or operator shall maintain records to document the quantity of resin and gel coat used on a monthly basis. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years.

3. The registration for this air general permit shall include all the following information.

a. For initial registrations, an estimate, in pounds, of the total quantity of styrene-containing materials (resin and gelcoat) expected to be used over a 12-month period.

b. For re-registrations, the highest 12-month total quantity, in pounds, of styrene-containing materials (resin and gelcoat) used in the last five years, and the 12-month period over which this usage occurred.

(f) Air General Permit for Facilities Comprising Printing Operations.

1. A facility comprising one (1) or more printing operations shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and the following specific criteria.

a. The facility shall use no other air general permit.

b. The facility shall not be subject to any unit-specific limitation or requirement other than any such limitation or requirement set forth in this air general permit.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions, provided, however, that the facility shall comply with the limitations of either sub-subparagraph 62-210.310(4)(f)2.a. or b., F.A.C. The facility may change method of compliance between sub-subparagraphs 62-210.310(4)(f)2.a. and b., F.A.C., provided the owner or operator maintains records to demonstrate compliance with the appropriate requirement at the time of change and thereafter.

a. The facility shall not emit eighty (80) tons or more of volatile organic compounds, eight (8) tons or more of any individual hazardous air pollutant, or twenty (20) tons or more of any combination of hazardous air pollutants in any consecutive twelve (12) months. The facility shall not rely upon add-on controls to meet these limitations. The owner or operator shall keep records of material usage and calculate, using a mass balance approach, for each calendar month and each consecutive twelve (12) months, the emissions of volatile organic compounds, individual hazardous air pollutants and total combined hazardous air pollutants. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years, or

b. The facility shall use less than 1,333 gallons of materials containing any hazardous air pollutants and not exceed the following material usage limitations in any consecutive twelve (12) months. The owner or operator shall keep records of material usage for each calendar month and each consecutive twelve (12) months to demonstrate compliance with such limitations. The owner or operator shall retain these records, available for Department inspection, for a period of at least five (5) years. Specifically, the facility shall:

(I) Operate only heatset offset lithographic printing lines and use less than 100,000 pounds, combined, of inks, cleaning solvents, fountain solution concentrate and fountain solution additives,

(II) Operate only non-heatset offset lithographic printing lines and use less than 14,250 gallons, combined, of cleaning solvents, fountain solution concentrate and fountain solution additives,

(III) Operate only digital printing lines and use less than 12,100 gallons, combined, of solvent based inks, clean-up solutions and other solvent-containing materials,

(IV) Operate only screen or letterpress printing lines and use less than 14,250 gallons, combined, of solvent based inks, clean-up solutions and other solvent-containing materials,

(V) Operate only water-based or ultraviolet-cured material flexographic or rotogravure printing lines and use less than 400,000 pounds, combined, of water-based inks, coatings and adhesives,

(VI) Operate only solvent-based material flexographic or rotogravure printing lines and use less than 100,000 pounds, combined, of inks, dilution solvents, coatings, cleaning solutions and adhesives, or

(VII) Operate any combination of heatset lithographic, non-heatset lithographic, digital, screen or letterpress, rotogravure or flexographic printing lines and use no more than the most stringent of the material usage limitations contained in sub-sub-subparagraphs 62-210.310(4)(f)2.b.(I) through (VI), F.A.C., for the type of printing lines at the facility. For purposes of determining which limit is the most stringent, the pounds of materials used for heatset offset lithographic lines and flexographic lines shall be converted to the equivalent gallons by dividing by 8.5 pounds per gallon and shall be compared with the limits for non-heatset offset lithographic, digital, screen and letterpress lines, as applicable, for the type of printing lines at the facility. The most stringent limit shall apply to the total of all solvent-containing material used.

c. The facility shall comply with the objectionable odor prohibition of subsection 62-296.320(2), F.A.C.

d. If the facility is subject to Rule 62-296.515, F.A.C., the facility shall comply with all applicable provisions of that rule.

3. The registration for this air general permit shall include all the following information.

a. For initial registrations, the method (mass balance or material usage rates) expected to be used to demonstrate compliance with subparagraph 62-210.310(4)(f)2., F.A.C., and the estimated amount of materials containing hazardous air pollutants and solvent-containing materials expected to be used over a 12-month period.

b. For re-registrations of facilities where compliance is demonstrated through mass balance, the calculations to show compliance with sub-subparagraph 62-210.310(4)(f)2.a., F.A.C.

c. For re-registrations of facilities where compliance is demonstrated through material usage rates, the highest 12-month total quantity of materials containing hazardous air pollutants and the highest 12-month total quantity of solvent-containing materials used in the last five years to show compliance with sub-subparagraph 62-210.310(4)(f)2.b., F.A.C.

d. For re-registrations of facilities where compliance is demonstrated through both mass balance and material usage rates, the information specified above in sub-subparagraphs 62-210.310(4)(f)3.a. and 62-210.320(4)(f)3.b., F.A.C.

e. A description of the number and types of printing processes, presses, and ink systems being used at the facility (one or more of the following: heatset offset lithographic; screen or letterpress; flexographic; non-heatset offset lithographic; water based; rotogravure; digital; or ultraviolet cured).

(g) Air General Permit for Facilities Comprising Asphalt Concrete Plants.

1. For purposes of this air general permit, the terms “asphalt” and “asphalt concrete plant” shall have the meaning given at Rule 62-210.200, F.A.C., and the term “site” shall mean one or more contiguous or adjacent properties under control of the same person (or persons under common control).

2. A facility comprising one relocatable asphalt concrete plant or one or more stationary asphalt concrete plants shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions:

a. The production rate of asphaltic concrete shall not exceed 600,000 tons in any consecutive twelve-month period for a drum mix process or 300,000 tons in any consecutive twelve-month period for a batch mix process or an equivalent prorated amount if multiple processes are used.

b. Fuel oil or on-specification used oil shall not exceed 0.5 percent sulfur content, by weight. The owner shall maintain records to demonstrate that each shipment of fuel oil or on-specification used oil contains 0.5 sulfur percent or less. The on-specification used oil shall meet the standards and requirements in 40 CFR 279.10, and, 40 CFR 761.20, as adopted and incorporated by reference in Rule 62-710.210, F.A.C. The owner shall document that the used oil meets the specifications in these regulations. Records of these documents shall be kept onsite and made available if requested by the Department. All records shall be maintained for at least 5 years.

c. The particulate matter (PM) emissions shall not exceed 0.04 grains per dry standard cubic foot averaged over a three-hour period.

d. If the facility is subject to 40 CFR Part 60, Subpart I, as adopted and incorporated by reference in Rule 62-204.800, F.A.C., the owner or operator shall comply with all limitations and requirements of 40 CFR Part 60, Subpart I.

e. Fugitive PM emissions shall be controlled in accordance with the requirements of paragraph 62-296.320(4)(c), F.A.C.

f. Visible emissions (VE) shall not be equal to or greater than 20 percent opacity.

g. The owner or operator shall maintain records to document the monthly and the twelve-month rolling totals of tons of asphaltic concrete produced, the gallons of fuel oil and on-specification used oil consumed, and the hours of operation. Such records shall be retained for five years.

h. The owner or operator shall conduct a stack test using EPA Reference Method 5 or 5A and a visible emission (VE) test using EPA Reference Method 9, adopted and incorporated by reference in Rule 62-204.800, F.A.C., to demonstrate compliance with the applicable PM and VE standards, respectively, no later than 60 days after the facility commences initial operation. The owner or operator shall conduct PM and VE tests annually thereafter, unless exempted pursuant to paragraph 62-210.310(3)(o), F.A.C.. All annual compliance tests and initial tests for facilities not subject to 40 CFR Part 60, Subpart I shall be noticed, conducted, and reported to the Department in accordance with the requirements of Rule 62-297.310, F.A.C.

i. At least one (1) business day prior to relocation, the owner or operator of any relocatable asphalt concrete plant proposing to change location shall submit to the Department a Facility Relocation Notification Form (DEP Form No. 62-210.900(6)), adopted and incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-09535).

4. A facility using this air general permit may collocate with other facilities that separately registered for, and are also using an asphalt concrete plant, concrete batching plant, or nonmetallic mineral processing plant air general permits at paragraph 62-210.310(5)(b) or (e), F.A.C., even if under the control of different persons, provided the following conditions are met.

a. The collocation site does not contain any emissions units and pollutant-emitting activities other than asphalt concrete plants, concrete batching plants, and nonmetallic mineral processing plants using air general permits, and other emissions units and pollutant-emitting activities exempted from permitting pursuant to subsection 62-210.300(3), F.A.C., or Rule 62-4.040, F.A.C.

b. The total production of asphalt concrete of collocated asphalt concrete plants shall not exceed 600,000 tons in any consecutive twelve-month period for a drum mix process or 300,000 tons in any consecutive twelve-month period for a batch mix process or an equivalent prorated amount if multiple processes are used.

c. The total fuel consumption by any collocated concrete batching plant and nonmetallic mineral processing plants shall not exceed 350,000 gallons per year of gasoline, 200,000 gallons per year of diesel fuel, 900,000 gallons per year of propane, 32 million standard cubic feet per year of natural gas, or an equivalent prorated amount if multiple fuels are used.

d. If multiple fuels are used by any of the collocated concrete batching plant and nonmetallic mineral processing plants, the equivalent prorated amount of each fuel burned shall not exceed the total amount of such fuel allowed to be burned, as given in sub-subparagraph c., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the amount of the fuel burned at the facility to the total amount of such fuel allowed to be burned at the facility pursuant to sub-subparagraph c. The sum of the fuel percentages for all fuels burned by the facility shall not exceed 100 percent.

e. The owners or operators of all collocated asphalt concrete plants, concrete batching plants and nonmetallic mineral processing plants shall maintain records to account for site-wide asphalt concrete production and fuel consumption for each collocated unit for each calendar month and each consecutive twelve months. The owners or operators shall retain these records, available for Department inspection, for a period of at least five years.

5. Under the authority of this air general permit, a relocatable asphalt concrete plant may perform a non-routine task, such as making asphalt concrete for a construction project, at a facility with authorization by individual air construction or air operation permit, without revision to the facility’s individual air permit. The owner or operator of such asphalt concrete plant shall keep records to indicate how long the plant has been at the permitted facility.

6. The registration for this air general permit shall include all the following information.

a. The type of facility (stationary or relocatable).

b. The type of registration (initial or re-registration).

c. For initial registrations, an estimate of the total production rate of asphaltic concrete, in tons, expected for the initial 12-month period.

d. For re-registrations, the highest 12-month total production rate of asphaltic concrete, in tons, in the last five years, and the 12-month period over which this production occurred.

e. If the asphalt concrete plant was at any time a collocated facility, include fuel consumption by any other asphalt concrete plant, concrete batching or nonmetallic mineral processing plants.

f. The precautions to be used to prevent unconfined emissions of particulate matter from roads, parking areas, stock piles, and yards (one or more of the following: pave roads; pave parking areas; pave yards; maintain roads/parking/yards; use water application; use dust suppressant; remove particulate matter; reduce stock pile height; or install wind breaks).

g. The precautions to be used to prevent unconfined emissions of particulate matter from drop points to trucks (one or more of the following: spray bar; chute; enclosure; or partial enclosure).

h. For each silo, weigh hopper, batcher, and other enclosed storage and conveying equipment at the facility, provide the process equipment type (silo, weigh hopper, batcher, or other); an identifier specific to each piece of equipment (location, numeric designation, capacity, product, or other); control device (baghouse, vent filter, or other); and control device manufacturer and model number.

i. For each asphalt concrete plant, identify if the plant is subject to 40 C.F.R. Part 60, Subpart I, adopted and incorporated by reference at Rule 62-204.800, F.A.C. (yes or no.)

j. For each asphalt concrete plant, identify if the plant is subject to Rule 62-296.704, F.A.C. (yes or no.)

(5) Air General Permits for Miscellaneous Facilities.

(a) Air General Permit for Facilities Comprising Volume Reduction, Mercury Recovery, and Mercury Reclamation Processes.

1. For purposes of this air general permit, the terms “volume reduction process,” “mercury recovery process,” and “mercury reclamation process” have the meanings given at Rule 62-296.417, F.A.C.

2. A facility comprising one (1) or more volume reduction, mercury recovery, and mercury reclamation processes shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and all applicable provisions of Rule 62-296.417, F.A.C.

4. The registration for this air general permit shall include all the following information.

a. The type of process (one or more of the following: volume reduction, mercury recovery, or mercury reclamation).

b. For facilities with dual air handling systems pursuant to paragraph 62-296.417(1)(c), F.A.C., a description of the air pollution control equipment on the primary and secondary air handling systems; the number, type, and capacity of the filters; the make and model numbers of the air pollution control equipment on the primary and secondary air handling systems; and the type of adsorbent used, the number and location of filters, and the filter capacity and replacement frequency.

c. For facilities with a single air handling system with redundant mercury controls pursuant to paragraph 62-296.417(1)(d), F.A.C., a description of the redundant air pollution control equipment; the number, type, and capacity of filters; the make and model numbers of the air pollution control equipment; and the type of adsorbent used, the number and location of filters, and the filter capacity and replacement frequency.

(b) Air General Permit for Facilities Comprising Concrete Batching Plants.

1. For purposes of this air general permit, the term “concrete batching plant” shall have the meaning given at Rule 62-296.414, F.A.C., and the term “site” shall mean one or more contiguous or adjacent properties under control of the same person (or persons under common control).

2. A facility comprising one (1) or more stationary or relocatable concrete batching plants shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The facility shall comply with all applicable provisions of Rule 62-296.414, F.A.C.

b. At least one (1) business day prior to relocation, the owner or operator of any relocatable concrete batching plant or equipment used to mix cement and soil for onsite soil augmentation or stabilization proposing to change location shall submit to the Department a Facility Relocation Notification Form (DEP Form No. 62-210.900(6)), adopted and incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-09535).

4. A facility using this air general permit may collocate with other facilities that separately registered for, and are also using, the concrete batching plant air general permit, with facilities using the nonmetallic mineral processing plant air general permit at paragraph 62-210.310(5)(e), F.A.C., and with facilities using the asphalt concrete plant air general permit at paragraph 62-210.310(4)(g), F.A.C., even if under the control of different persons, provided the following conditions are met.

a. The collocation site does not contain any emissions units and pollutant-emitting activities other than concrete batching plants using air general permits, nonmetallic mineral processing and asphalt concrete plants using air general permits, and nonmetallic mineral processing plants or other emissions units and pollutant-emitting activities exempted from permitting pursuant to subsection 62-210.300(3) or Rule 62-4.040, F.A.C.

b. The total fuel consumption by all emissions units authorized by the air general permit at the collocation site shall not exceed 275,000 gallons of diesel fuel, 428,000 gallons per year of gasoline, 44 million standard cubic feet per year of natural gas, or 1.3 million gallons per year of propane, or an equivalent prorated amount if multiple fuels are used. If the collocation site includes an asphalt concrete plant using an air general permit, the fuel usage limitation of sub-subparagraph 62-210.310(4)(g)4.c., F.A.C., shall apply.

c. If multiple fuels are used, the equivalent prorated amount of each fuel burned shall not exceed the total amount of such fuel allowed to be burned, as given in sub-subparagraph b., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the amount of the fuel burned at the facility to the total amount of such fuel allowed to be burned at the facility pursuant to sub-subparagraph b. The sum of the fuel percentages for all fuels burned by the facility shall not exceed one hundred percent (100%).

d. The owners or operators of all collocated concrete batching plants, asphalt concrete plants, and nonmetallic mineral processing plants shall maintain records to account for site-wide fuel consumption for each calendar month and each consecutive twelve (12) months. The owners or operators shall retain these records, available for Department inspection, for a period of at least five (5) years.

5. Under the authority of this air general permit, a relocatable concrete batching plant may perform a non-routine task, such as making concrete for a construction project, at a facility with authorization by individual air construction or air operation permit, without revision to the facility’s individual air permit. The owner or operator of such concrete batching plant shall keep records to indicate how long the plant has been at the permitted facility.

6. The registration for this air general permit shall include all the following information.

a. The type of facility (stationary or relocatable).

b. The precautions to be used to prevent unconfined emissions of particulate matter from roads, parking areas, stock piles, and yards (one or more of the following: pave roads; pave parking areas; pave yards; maintain roads/parking/yards; use water application; use dust suppressant; remove particulate matter; reduce stock pile height; or install wind breaks).

c. The precautions to be used to prevent unconfined emissions of particulate matter from drop points to trucks (one or more of the following: spray bar; chute; enclosure; or partial enclosure).

d. For each silo, weigh hopper, batcher, and other enclosed storage and conveying equipment that is limited to a visible emissions of 5 percent opacity pursuant to subsection 62-296.414(1), F.A.C., the process equipment type (silo, weigh hopper, batcher, or other); an identifier specific to each piece of equipment (location, numeric designation, capacity, product, or other); control device (baghouse, vent filter, or other); and control device manufacturer and model number.

(c) Air General Permit for Facilities Comprising Human Crematories.

1. A facility comprising one (1) or more human crematories shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The facility shall comply with all applicable provisions of subsection 62-296.401(5), F.A.C.

b. The owner or operator may use a human crematory air general permit and an animal crematory air general permit at the same facility, provided all human crematory units operate under a single human crematory air general permit and all animal crematory units operate under a single animal crematory air general permit.

3. The registration for this air general permit shall include all the following information.

a. For an initial registration for a proposed new human crematory unit, design calculations to confirm a sufficient volume in the secondary chamber combustion zone to provide for at least a 1.0 second gas residence time at 1800 degrees F.

b. For each crematory unit, the manufacturer, model number, serial number, and rated capacity.

(d) Air General Permit for Facilities Comprising Animal Crematories.

1. A facility comprising one (1) or more animal crematories shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C., and no animal crematory unit at the facility exceeds a design capacity of 500 pounds per hour cremated.

2. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The facility shall comply with all applicable provisions of subsection 62-296.401(6), F.A.C.

b. The owner or operator may use an animal crematory air general permit and a human crematory air general permit at the same facility, provided all animal crematory units operate under a single animal crematory air general permit and all human crematory units operate under a single human crematory air general permit.

3. The registration for this air general permit shall include all the following information.

a. For an initial registration for a proposed new animal crematory unit, design calculations to confirm a sufficient volume in the secondary chamber combustion zone to provide for at least a 1.0 second gas residence time at 1,800 degrees F.

b. For each crematory unit, the manufacturer, model number, serial number, and rated capacity.

(e) Air General Permit for Facilities Comprising Nonmetallic Mineral Processing Plants (Crushing Operations).

1. For purposes of this air general permit, the definitions at 40 CFR Part 60, Subpart OOO, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall apply, and the term “site” shall mean one or more contiguous or adjacent properties under control of the same person (or persons under common control). A facility need not be subject to 40 CFR Part 60, Subpart OOO, to be eligible for use of this air general permit. If a facility using this air general permit later becomes subject to 40 CFR Part 60, Subpart OOO, the owner or operator shall re-register with the Department.

2. A stationary or relocatable facility comprising one (1) or more nonmetallic mineral processing plants shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and the following specific conditions.

a. The total fuel consumption by the facility shall not exceed 428,000 gallons per year of gasoline, 275,000 gallons per year of diesel fuel, 1.3 million gallons per year of propane, 44 million standard cubic feet per year of natural gas, or an equivalent prorated amount if multiple fuels are used.

b. If multiple fuels are used, the equivalent prorated amount of each fuel burned shall not exceed the total amount of such fuel allowed to be burned, as given in sub-subparagraph a., multiplied by a fuel percentage. The fuel percentage is the percentage ratio of the amount of the fuel burned at the facility to the total amount of such fuel allowed to be burned at the facility pursuant to sub-subparagraph a. The sum of the fuel percentages for all fuels burned by the facility shall not exceed 100 percent.

c. Pursuant to Rule 62-296.320, F.A.C., the following reasonable precautions shall be employed to control unconfined emissions of particulate matter.

(I) Unconfined emissions from all relocatable nonmetallic mineral processing plants, except those located at mines or quarries and processing only material from onsite natural deposits, and all stationary nonmetallic mineral processing plants that process dry material shall be controlled by using a water suppression system with spray bars located wherever unconfined emissions occur at the feeder(s), the entrance and exit of the crusher(s), the classifier screens, and the conveyor drop points.

(II) Unconfined emissions generated by vehicular traffic or wind shall be controlled by applying water (by water trucks equipped with spray bars) or effective dust suppressant(s) on a regular basis to all stockpiles, roadways and work yards where the nonmetallic mineral processing plant is located.

d. Visible emissions from any crusher, grinding mill, screening operation, bucket elevator, transfer point on belt conveyors, bagging operation, storage bin, enclosed truck or railcar loading station, or any other affected emission point at a nonmetallic mineral processing plant not subject to 40 CFR Part 60, Subpart OOO, shall be less than twenty percent (20%) opacity, pursuant to Rule 62-296.320, F.A.C.

e. Nonmetallic mineral processing plants subject to 40 CFR Part 60, Subpart OOO, shall comply with all applicable standards, limitations, and requirements of Subpart OOO. Such facilities shall conduct initial performance tests for particulate matter and visible emissions in accordance with all requirements of Subpart OOO and 40 CFR Part 60, Subpart A, adopted and incorporated by reference at Rule 62-204.800, F.A.C. Thereafter, such facilities shall conduct performance tests for visible emissions annually, in accordance with the test methods and procedures set forth in 40 CFR Part 60, Subpart OOO, unless exempted pursuant to paragraph 62-210.310(3)(o), F.A.C. All annual visible emissions performance tests shall be noticed and reported to the Department in accordance with the requirements of Rule 62-297.310, F.A.C.

f. At least one (1) business day prior to relocation, the owner or operator of any relocatable nonmetallic mineral processing plant proposing to change location shall submit to the Department a Facility Relocation Notification Form (DEP Form No. 62-210.900(6), adopted and incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-09535).

4. A facility using this air general permit may collocate with other facilities that separately registered for, and are also using, the nonmetallic mineral processing plant air general permit, with facilities using the concrete batching plant air general permit at paragraph 62-210.310(5)(b), F.A.C., and with facilities using the asphalt concrete plant air general permit at paragraph 62-210.310(4)(g), F.A.C., even if under the control of different persons, provided the following conditions are met.

a. The collocation site shall not contain any emissions units and pollutant-emitting activities other than concrete batching plants using air general permits, nonmetallic mineral processing plants using air general permits, and nonmetallic mineral processing plants or other emissions units and pollutant-emitting activities exempted from permitting pursuant to subsection 62-210.300(3), F.A.C., or Rule 62-4.040, F.A.C.

b. The fuel usage limitations of sub-subparagraphs 62-210.310(5)(e)3.a. and b., F.A.C., shall apply to the collocation site, unless the collocation site includes an asphalt concrete plant using an air general permit, in which case the fuel usage limitation of sub-subparagraph 62-210.310(4)(g)4.c., F.A.C., shall apply. The owners or operators of all collocated concrete batching, asphalt concrete, and nonmetallic mineral processing plants shall maintain records to account for site-wide fuel consumption for each calendar month and each consecutive twelve (12) months. The owners or operators shall retain these records, available for Department inspection, for a period of at least five (5) years.

5. Under the authority of this air general permit, a relocatable nonmetallic mineral processing plant may perform a non-routine task, such as crushing concrete for a demolition project, at a facility with authorization by individual air construction or air operation permit, without revision to the facility’s individual air permit. The owner or operator of such nonmetallic mineral processing plant shall keep records to indicate how long the plant has been at the permitted facility. No nonmetallic mineral processing plant using this air general permit shall perform a task routinely done at the individually permitted facility, such as crushing recycled asphalt pavement (rap) at an asphalt plant, unless operation of the nonmetallic mineral processing plant is authorized by the air construction or air operation permit, as applicable, for the permitted facility.

6. The registration for this air general permit shall include all the following information.

a. The type of facility (stationary or relocatable).

b. The precautions to be used to prevent unconfined emissions of particulate matter from roads, parking areas, stock piles, and yards (one or more of the following: pave roads; pave parking areas; pave yards; maintain roads/parking/yards; use water application; use dust suppressant; remove particulate matter; reduce stock pile height; or install wind breaks).

c. The location of spray bars (one or more of the following: feeders; entrance to crushing operation; exit of crushing operation; classifier screens; or conveyor drop points).

d. For each emission unit, component description (primary crusher, secondary crusher, screener, conveyor, reciprocating internal combustion engine, or other fuel burning equipment), manufacturer, date of manufacture, model number, serial number, and rated capacity (tons per hour material throughput or horsepower).

e. A diagram with a list and description of each emission point subject to a visible emissions test pursuant to Rule 62-210.310(5)(e)3.e., F.A.C.

(f) Air General Permit for Facilities Comprising Perchloroethylene Dry Cleaning Systems.

1. For the purposes of this air general permit, the definitions at 40 C.F.R. Part 63, Subparts A and M, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall apply.

2. A facility comprising one or more perchloroethylene dry cleaning systems shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the general conditions given at subsection 62-210.310(3), F.A.C., and with all requirements of 40 C.F.R. Part 63, Subparts A and M, adopted and incorporated by reference at Rule 62-204.800, F.A.C., as applicable, except as follows.

a. In lieu of the provisions of 40 C.F.R. §63.6(e)(3) and 40 C.F.R. §63.10(d)(5), the owner or operator shall maintain onsite a startup, shutdown, malfunction plan for the facility that describes, in detail, procedures for operating and maintaining the equipment during periods of startup, shutdown, and malfunction. The plan may be in the form of an equipment operation manual and shall also specify corrective action for malfunctioning process and air pollution control equipment.

b. During periods of startup, shutdown, and malfunction, the owner or operator shall operate and maintain equipment in accordance with the procedures specified in the plan. Records of compliance with the plan shall be kept onsite for a minimum of five years and shall contain a certification statement signed by the owner or operator that the documentation is true, accurate, and complete, based upon information and belief formed after reasonable inquiry.

c. If any action is taken which is inconsistent with the plan, the owner or operator shall record and report the actions taken to the Department during facility inspections. The record shall explain the circumstances of the event, the reason for not following the startup, shutdown, and malfunction plan, and whether any excess emissions or parameter monitoring exceedances are believed to have occurred. Taking actions inconsistent with those in the plan constitutes a violation of a general permit condition.

4. The registration for this air general permit shall include all the following information.

a. The number of dry-to-dry machines onsite, and for each onsite dry-to-dry machine, the date the machine was installed, whether the machine is new or existing as defined at 40 C.F.R. Part 63, Subpart M, whether the control device is refrigerated condenser or carbon adsorber, and the date the control device was installed.

b. Whether the facility is a co-residential dry cleaning facility as defined at 40 C.F.R. Part 63, Subpart M.

c. For each dry-to-dry machine at a co-residential dry cleaning facility, whether the machine is a perchloroethylene dry cleaning machine (yes or no), and whether the machine has a vapor barrier enclosure (yes or no).

d. Gallons of perchloroethylene used within the most recent 12 months.

e. The horsepower and fuel type (propane, no. 2 fuel oil, no. 4 fuel oil, no. 6 fuel oil, natural gas, electric, or other) for all steam and hot water generating units (boilers) onsite, or a statement that there are no boilers onsite.

(g) Air General Permit for Facilities Comprising Ethylene Oxide Sterilizers. Effective July 1, 2023, authorizations under the Air General Permit for Facilities Comprising Ethylene Oxide Sterilizers will no longer be available. Ethylene Oxide Sterilizer facilities operating under the authorization of an existing air general permit may continue to operate until the expiration of the facility’s existing air general permit, or, if the facility applies for an air construction permit prior to the expiration of its existing air general permit, until the Department issues an air construction permit to the facility. After July 1, 2023, any modification at a facility to expand operations, capture fugitive emissions, or install air pollution control equipment will require authorization through a facility-specific air construction permit and air operation permit. The owner or operator of a facility operating under the authority of this air general permit shall apply for an air operation permit at least 180 days prior to the expiration of the facility’s existing air general permit.

1. For the purposes of this air general permit, the definitions at 40 C.F.R. Part 63, Subparts A and O, as applicable, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall apply.

2. A facility comprising one or more ethylene oxide sterilizers shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the requirements of 40 C.F.R. Part 63, Subparts A, and O, adopted and incorporated by reference in Rule 62-204.800, F.A.C., as applicable, and the general conditions given at subsection 62-210.310(3), F.A.C.

4. The registration for this air general permit shall include all the following information.

a. The number of ethylene oxide sterilization units onsite.

b. For each unit onsite, the following information: vent type (sterilization chamber, chamber exhaust, or aeration room); date initially purchased from manufacturer; status (new or existing as defined at 40 C.F.R. Part 63, Subpart O); control device required (yes or no); and date control installed, if applicable.

c. The total amount of ethylene oxide purchased in the most recent 12 months, in tons.

d. Indicate all control technologies that are required for sterilization units pursuant to this air general permit (one or more of the following: acid-water scrubber, catalytic oxidation unit, thermal oxidation unit, other, or none required).

(h) Air General Permit for Facilities Comprising Halogenated Solvent Degreasers.

1. For the purposes of this air general permit, the definitions at 40 C.F.R. Part 63, Subparts A and T, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall apply.

2. A facility comprising one or more halogenated solvent degreasers shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the requirements of 40 C.F.R. Part 63, Subparts A and T, adopted and incorporated by reference in Rule 62-204.800, F.A.C., as applicable, and the general conditions given at subsection 62-210.310(3), F.A.C.

4. The registration for this air general permit shall include all the following information.

a. For each halogenated solvent degreaser, the type of machine (batch vapor solvent; batch cold; or in-line); the date initially purchased from the manufacturer; whether the machine is new or existing as defined at 40 C.F.R. Part 63, Subpart T; and the date the control device was installed, if applicable.

b. The total amount of halogenated solvents used in the most recent 12 months, in gallons.

c. The halogenated solvents used at the facility (one or more of the following: perchloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, carbon tetrachloride, or chloroform).

d. The method of compliance (complying with an alternative solvent emission limit; implementing a control device combination/work practice standards; meeting an idling emission limit/work practice standards; or meeting the requirements for batch cold cleaning machines).

e. If implementing a control device combination, the controls that apply to the facility (one or more of the following: 1.0 freeboard ratio; carbon adsorber; dwell time; reduced room draft; working mode cover; super-heated vapor; or freeboard refrigeration device).

(i) Air General Permit for Facilities Comprising Chromium Electroplaters and Anodizers.

1. For the purposes of this air general permit, the definitions at 40 C.F.R. Part 63, Subparts A and N, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall apply.

2. A facility comprising one or more chromium electroplaters and anodizers shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the requirements of 40 C.F.R. Part 63, Subparts A and N, adopted and incorporated by reference in Rule 62-204.800, F.A.C., as applicable, and the general conditions given at subsection 62-210.310(3), F.A.C.

4. The registration for this air general permit shall include all the following information.

a. For each hard chromium electroplating tank, whether the tank is existing or new as defined at 40 C.F.R. Part 63, Subpart N; whether the tank is open surface or enclosed as defined at 40 C.F.R. Part 63, Subpart N; date of purchase; date of control device installation; type of control device (packed-bed scrubber, composite mesh pad, packed-bed scrubber and composite mesh pad, fume suppressant, fume suppressant with a wetting agent, fiber-bed mist eliminator, or wetting agent); applicable 40 C.F.R. Part 63, Subpart N standard or an alternative emission rate as determined in 40 C.F.R. 63.344; and whether the facility’s cumulative potential rectifier capacity is greater than or equal to 60 million ampere-hours per year (yes or no).

b. For each decorative chromium electroplating or chromium anodizing tank, whether the tank is existing or new as defined at 40 C.F.R. Part 63, Subpart N; date of purchase; date of control device installation; type of control device (packed-bed scrubber, composite mesh pad, packed-bed scrubber and composite mesh pad, fume suppressant, fume suppressant with a wetting agent, fiber-bed mist eliminator, or wetting agent); and applicable 40 C.F.R. Part 63, Subpart N standard or, for trivalent chromium bath decorative electroplating tanks only, records of bath components.

c. The compliance demonstration method (initial performance test, use of a wetting agent to reduce emissions so as to meet the existing surface tension limit, or, for trivalent chromium bath decorative electroplating tanks only, records of bath components).

(j) Air General Permit for Facilities Comprising Asbestos Manufacturers and Fabricators.

1. For the purposes of this air general permit, the definitions at 40 C.F.R. Part 61, Subparts A and M, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall apply.

2. A facility comprising one or more asbestos manufacturers or fabricators shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the requirements of 40 C.F.R. Part 61, Subparts A and M adopted and incorporated by reference in Rule 62-204.800, F.A.C., as applicable, and the general conditions given at subsection 62-210.310(3), F.A.C.

4. The registration for this air general permit shall indicate whether the facility is classified as asbestos manufacturing, asbestos fabrication, or both.

(k) Air General Permit for Facilities Comprising Secondary Aluminum Sweat Furnaces.

1. For the purposes of this air general permit, the definitions at 40 C.F.R. Part 63, Subparts A and RRR, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall apply.

2. A facility comprising one or more secondary aluminum sweat furnaces shall be eligible to use this air general permit provided it meets the general eligibility criteria of paragraph 62-210.310(2)(a), F.A.C.

3. A facility using this air general permit shall comply with the requirements of the general conditions given at subsection 62-210.310(3), F.A.C., and 40 C.F.R. Part 63, Subparts A and RRR, adopted and incorporated by reference in Rule 62-204.800, F.A.C., as applicable, except that:

a. In lieu of conducting a performance test to demonstrate compliance with the emission standard of 40 C.F.R. §63.1505(f)(2), the owner or operator shall comply with the residence time and operating temperature requirements of 40 C.F.R. §63.1505(f)(1); and,

b. In lieu of submitting a written operation, maintenance, and monitoring plan to the Department, the owner or operator shall prepare and implement a plan that meets the criteria of 40 C.F.R. §63.1510(b), operate the sweat furnaces(s) in compliance with the operation, maintenance and monitoring plan at all times, and maintain the plan onsite and available for inspection by the Department.

4. The registration for this air general permit shall include all the following information.

a. The number of secondary aluminum sweat furnaces, scrap shredders, degreasers, paint shops, boilers, and emergency generators onsite.

b. A description of any other process operations at the site that may emit air pollutants.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–New 1-10-07, Amended 5-9-07, 10-12-08, 6-29-11, 4-26-17, 7-3-18, 9-29-20, 3-27-22, 6-1-23.

Fla. Admin. Code R. 62-210.340 Citrus Juice Processing Facilities

History

• Rulemaking Authority 403.08725 FS. Law Implemented 403.08725 FS. History–New 12-17-02, Amended 11-1-04, Repealed 2-16-12.

Fla. Admin. Code R. 62-210.350 Public Notice and Comment

(1) Public Notice of Proposed Agency Action.

(a) A notice of proposed agency action on permit application, where the proposed agency action is to issue the permit, shall be published by any applicant for:

1. An air construction permit,

2. An air operation permit, permit renewal or permit revision subject to paragraph 62-210.300(2)(b), F.A.C., (i.e., a FESOP), except as provided in sub-subparagraph 62-210.300(2)(b)1.b., F.A.C., or

3. An air operation permit, permit renewal, or permit revision subject to Chapter 62-213, F.A.C., except Title V air general permits and those permit revisions meeting the requirements of subsection 62-213.412(1), F.A.C.

(b) The notice required by paragraph 62-210.350(1)(a), F.A.C., shall be published in accordance with all otherwise applicable provisions of Rule 62-110.106, F.A.C. A public notice under subparagraph 62-210.350(1)(a)1., F.A.C., for an air construction permit may be combined with any required public notice under sub-subparagraph 62-210.350(1)(a)2. or 3., F.A.C., for air operation permits. If such notices are combined, the public notice must comply with the requirements for both notices.

(c) Except as otherwise provided at subsections 62-210.350(2), (5), and (6), F.A.C., each notice of intent to issue an air construction permit shall provide a 14-day period for submittal of public comments.

(d) An opportunity for administrative hearing shall be provided in accordance with Chapter 120, F.S., and Rule 62-110.106, F.A.C.

(2) Additional Public Notice Requirements for Emissions Units Subject to Prevention of Significant Deterioration or Nonattainment-Area Preconstruction Review.

(a) Before taking final agency action on a construction permit application for any proposed new or modified facility or emissions unit subject to the preconstruction review requirements of Rule 62-212.400 or 62-212.500, F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include as a minimum the following:

1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S., and the Department’s analysis of the effect of the proposed construction or modification on ambient air quality, including the Department’s preliminary determination of whether the permit should be approved or disapproved,

2. A 30-day period for submittal of public comments; and,

3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the proposed facility or emissions unit, whether BACT or LAER has been determined, the degree of PSD increment consumption expected, if applicable, and the location of the information specified in subparagraph 1., above; and notifying the public of the opportunity for submitting comments and requesting a public hearing.

(b) The notice provided for in subparagraph 62-210.350(2)(a)3., F.A.C., shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action.

(c) A copy of the notice provided for in subparagraph 62-210.350(2)(a)3., F.A.C., shall also be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency and to all other state and local officials or agencies having cognizance over the location of such new or modified facility or emissions unit, including local air pollution control agencies, chief executives of city or county government, regional land use planning agencies, and any other state, Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions from the new or modified facility or emissions unit.

(d) A copy of the notice provided for in subparagraph 62-210.350(2)(a)3., F.A.C., shall be displayed in the appropriate district, branch and local program offices.

(e) The time and place of any hearing (public meeting) that may be held, including a statement of procedure to request a hearing (unless a hearing has already been scheduled).

(f) Any public comments received shall be made available for public inspection in the location where the information specified in subparagraph 62-210.350(2)(a)1., F.A.C., is available and shall be considered by the Department in making a final determination to approve or deny the permit.

(g) The final determination shall be made available for public inspection at the same location where the information specified in subparagraph 62-210.350(2)(a)1., F.A.C., was made available.

(h) For a proposed new or modified emissions unit which would be located within 100 kilometers of any Federal Class I area or whose emissions may affect any Federal Class I area, and which would be subject to the preconstruction review requirements of Rule 62-212.400 or 62-212.500, F.A.C.:

1. The Department shall mail or transmit to the Administrator a copy of the initial application for an air construction permit and notice of every action related to the consideration of the permit application.

2. The Department shall mail or transmit to the Federal Land Manager of each affected Class I area a copy of any written notice of intent to apply for an air construction permit; the initial application for an air construction permit, including all required analyses and demonstrations; any subsequently submitted information related to the application; the preliminary determination and notice of proposed agency action on the permit application; and any petition for an administrative hearing regarding the application or the Department’s proposed action. Each such document shall be mailed or transmitted to the Federal Land Manager within fourteen (14) days after its receipt by the Department.

(3) Additional Public Notice Requirements for Facilities Subject to Operation Permits for Title V Sources.

(a) Before taking final agency action to issue a new, renewed, or revised air operation permit subject to Chapter 62-213, F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include as a minimum the following:

1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S.; and,

2. A 30-day period for submittal of public comments.

(b) The notice provided for in paragraph 62-210.350(3)(a), F.A.C., shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action. If written comments received during the 30-day comment period on a draft permit result in the Department’s issuance of a revised draft permit in accordance with subsection 62-213.430(1), F.A.C., the Department shall require the applicant to publish another public notice in accordance with paragraph 62-210.350(1)(a), F.A.C.

(c) The notice shall identify:

1. The facility,

2. The name and address of the office at which processing of the permit occurs,

3. The activity or activities involved in the permit action,

4. The emissions change involved in any permit revision,

5. The name, address, and telephone number of a Department representative from whom interested persons may obtain additional information, including copies of the permit draft, the application, and all relevant supporting materials, including any permit application, compliance plan, permit, monitoring report, and compliance statement required pursuant to Chapter 62-213, F.A.C., (except for information entitled to confidential treatment pursuant to Section 403.111, F.S.), and all other materials available to the Department that are relevant to the permit decision,

6. A brief description of the comment procedures required by subsection 62-210.350(3), F.A.C.,

7. The time and place of any hearing (public meeting) that may be held, including a statement of procedure to request a hearing (unless a hearing has already been scheduled); and,

8. The procedures by which persons may petition the Administrator to object to the issuance of the proposed permit after expiration of the Administrator’s 45-day review period.

(4) Additional Public Notice Requirements for Facilities Subject to Federally Enforceable State Operation Permits (FESOPs) for Non-Title V Sources.

(a) Before taking final agency action to issue a new, renewed (if materially changed), or revised air operation permit pursuant to paragraph 62-210.300(2)(b), F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include as a minimum the following:

1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S.,

2. A 14-day period for submittal of public comments; and,

3. A notice, by advertisement in a newspaper of general circulation in the county affected, containing the information specified in paragraph 62-210.350(4)(c), F.A.C., except as provided in subparagraph 62-210.300(2)(b)3., F.A.C.

(b) The notice provided for in paragraph 62-210.350(4)(a), F.A.C., shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than fourteen (14) days prior to final agency action.

(c) The notice shall identify:

1. The facility,

2. The name and address of the office at which processing of the permit occurs,

3. The activity or activities involved in the permit action,

4. The emissions change involved in any permit revision,

5. The name, address, and telephone number of a Department representative from whom interested persons may obtain additional information, including copies of the permit draft, the application, and all relevant supporting materials, including any permit application (except for information entitled to confidential treatment pursuant to Section 403.111, F.S.), and all other materials available to the Department that are relevant to the permit decision,

6. A brief description of the comment procedures required by subsection 62-210.350(4), F.A.C.; and,

7. The time and place of any hearing that may be held, including a statement of procedure to request a hearing (unless a hearing has already been scheduled).

(d) A copy of the notice provided for in subparagraph 62-210.350(4)(a)3., F.A.C., along with the Department’s proposed permit shall be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency, if requested by the regional office, and to any approved local air pollution control program having cognizance over the county in which the facility is located.

(e) A copy of the notice provided for in subparagraph 62-210.350(4)(a)3., F.A.C., shall be displayed in the appropriate district, branch, and local program offices.

(f) Any public comments received shall be made available for public inspection in the location where the information specified in subparagraph 62-210.350(4)(a)1., F.A.C., is available and shall be considered by the Department in making a final determination to approve or deny the permit.

(g) The final permit shall be made available for public inspection at the same location where the information specified in subparagraph 62-210.350(4)(a)1., F.A.C., was made available and shall be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency, if requested by the regional office, and to any local air pollution control program having geographical jurisdiction over the county in which the facility is located.

(5) Additional Public Notice Requirements for Emissions Units Subject to the Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act section 112(g).

(a) Before taking final agency action on any air construction permit application for a proposed new or reconstructed facility or emissions unit subject to the preconstruction review requirements of subparagraph 62-204.800(11)(d)2., F.A.C., the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include at a minimum the following:

1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S., including the Department’s proposed MACT determination and preliminary determination of whether the permit should be approved or disapproved;

2. A 30-day period for submittal of public comments; and,

3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the proposed facility or emissions unit, and the location of the information specified in paragraph 1. above; and notifying the public of the opportunity for submitting comments and requesting a public hearing.

(b) The notice provided for in subparagraph 62-210.350(5)(a)3., F.A.C., shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action.

(c) A copy of the notice provided for in subparagraph 62-210.350(5)(a)3., F.A.C., along with the Department’s proposed permit shall be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency and to any approved local air pollution control program having cognizance over the county in which the facility is located.

(d) A copy of the notice provided for in subparagraph 62-210.350(5)(a)3., F.A.C., shall be displayed in the appropriate district, branch, and local program offices.

(e) Any public comments received shall be made available for public inspection in the location where the information specified in subparagraph 62-210.350(5)(a)1., F.A.C., is available and shall be considered by the Department in making a final determination to approve or deny the permit.

(f) The final permit shall be made available for public inspection at the same location where the information specified in subparagraph 62-210.350(5)(a)1., F.A.C., was made available and shall be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency and to any local air pollution control program having geographical jurisdiction over the county in which the facility is located.

(6) Additional Public Notice Requirements for Actuals Plantwide Applicability Limits (PALs).

(a) Before taking final agency action on any air construction permit application to establish, renew, or revise a PAL, the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and provide an opportunity for public comment which shall include at a minimum the following:

1. A complete file available for public inspection in at least one location in the district affected which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S., including the Department’s preliminary determination of whether the permit should be approved or disapproved;

2. A 30-day period for submittal of public comments; and,

3. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the proposed PAL, and the location of the information specified in subparagraph 1., above; and notifying the public of the opportunity for submitting comments.

(b) The notice provided for in subparagraph 62-210.350(6)(a)3., F.A.C., shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action.

(c) A copy of the notice provided for in subparagraph 62-210.350(6)(a)3., F.A.C., along with the Department’s proposed permit shall be sent by the Department to the Regional Office of the U.S. Environmental Protection Agency and to any approved local air pollution control program having cognizance over the county in which the facility is located.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.815 FS. History–Formerly 17-2.220, Amended 11-28-93, Formerly 17-210.350, Amended 11-23-94, 1-2-96, 11-13-97, 2-11-99, 2-2-06, 10-12-08, 9-29-20.

Fla. Admin. Code R. 62-210.360 Administrative Permit Corrections and Amendments

(1) A facility owner shall notify the Department in writing of minor corrections or amendments to information contained in a permit. Such minor corrections or amendments shall include:

(a) Typographical errors noted in the permit;

(b) Name, address or phone number change from that in the permit;

(c) A change requiring more frequent monitoring or reporting by the permittee;

(d) A change in ownership or operational control of a facility, subject to the following provisions:

1. The Department determines that no other change in the permit is necessary;

2. The permittee and proposed new permittee have submitted an Application for Transfer of Air Permit, and the Department has approved the transfer pursuant to subsection 62-210.300(7), F.A.C.; and,

3. The new permittee has notified the Department of the effective date of sale or legal transfer.

(e) A change to a minor operating permit that incorporates requirements established pursuant to a minor air construction permit authorized by Rule 62-212, F.A.C., provided that any such minor air construction permit was publicly noticed as required by Rule 62-210.350, F.A.C.

(f) A change to a Title V operating permit that incorporates requirements established pursuant to a minor air construction permit authorized by Rule 62-212, F.A.C., provided that any such minor air construction permit was publicly noticed consistent with the requirements for Title V permits in Rule 62-210.350, F.A.C., the minor air construction permit was provided to EPA for review consistent with the requirements of Rule 62-213.450, F.A.C., and the minor air construction permit contains compliance provisions consistent with the requirements of Rule 62-213.440, F.A.C.

(g) Changes listed at 40 C.F.R. 72.83(a)(1), (2), (6), (9) and (10), adopted and incorporated by reference at Rule 62-204.800, F.A.C., and changes made pursuant to subsections 62-214.340(1) and (2), F.A.C., to Title V sources subject to emissions limitations or reductions pursuant to 42 USC ss. 7651-7651o;

(h) Changes listed at 40 C.F.R. 72.83(a)(11) and (12), adopted and incorporated by reference at Rule 62-204.800, F.A.C., to Title V sources subject to emissions limitations or reductions pursuant to 42 USC ss. 7651-7651o, provided the notification is accompanied by a copy of any EPA determination concerning the similarity of the change to those listed at paragraph 62-210.360(1)(e), F.A.C.; and,

(i) Any other similar minor administrative change at the source.

(2) Upon receipt of any such notification, the Department shall within 60 days correct or amend the permit and provide a copy of the correction or amendment to the owner.

(3) After first notifying the owner, the Department shall correct any permit in which it discovers errors of the types listed at paragraphs 62-210.360(1)(a) and (b), F.A.C., and provide a corrected copy to the owner.

(4) For Title V source permits corrected or amended by the Department a copy of the correction or amendment shall be provided to any approved local air program in the county where the facility or any part of the facility is located.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History–New 11-28-93, Formerly 17-210.360, Amended 11-23-94, 2-11-99, 4-16-01, 6-2-02, 3-16-08, 6-1-23.

Fla. Admin. Code R. 62-210.370 Emissions Computation and Reporting

(1) Applicability. This rule sets forth required methodologies to be used by the owner or operator of a facility for computing actual emissions, baseline actual emissions, and net emissions increase, as defined at Rule 62-210.200, F.A.C., and for computing emissions for purposes of the reporting requirements of subsection 62-210.370(3), paragraph 62-212.300(1)(e) and Rule 62-213.205, F.A.C., or of any permit condition that requires emissions be computed in accordance with this rule. This rule is not intended to establish methodologies for determining compliance with the emission limitations of any air permit.

(2) Computation of Emissions. For any of the purposes set forth in subsection 62-210.370(1), F.A.C., the owner or operator of a facility shall compute emissions in accordance with the requirements set forth in this subsection.

(a) Basic Approach. The owner or operator shall employ, on a pollutant-specific basis, the most accurate of the approaches set forth below to compute the emissions of a pollutant from an emissions unit; provided, however, that nothing in this rule shall be construed to require installation and operation of any continuous emissions monitoring system (CEMS), continuous parameter monitoring system (CPMS), or predictive emissions monitoring system (PEMS) not otherwise required by rule or permit, nor shall anything in this rule be construed to require performance of any stack testing not otherwise required by rule or permit.

1. If the emissions unit is equipped with a CEMS meeting the requirements of paragraph 62-210.370(2)(b), F.A.C., the owner or operator shall use such CEMS to compute the emissions of the pollutant, unless the owner or operator demonstrates to the department that an alternative approach is more accurate because the CEMS represents still-emerging technology.

2. If a CEMS is not available or does not meet the requirements of paragraph 62-210.370(2)(b), F.A.C, but emissions of the pollutant can be computed pursuant to the mass balance methodology of paragraph 62-210.370(2)(c), F.A.C., the owner or operator shall use such methodology, unless the owner or operator demonstrates to the department that an alternative approach is more accurate.

3. If a CEMS is not available or does not meet the requirements of paragraph 62-210.370(2)(b), F.A.C., and emissions cannot be computed pursuant to the mass balance methodology, the owner or operator shall use an emission factor meeting the requirements of paragraph 62-210.370(2)(d), F.A.C., unless the owner or operator demonstrates to the department that an alternative approach is more accurate.

(b) Continuous Emissions Monitoring System (CEMS).

1. An owner or operator may use a CEMS to compute emissions of a pollutant for purposes of this rule provided:

a. The CEMS complies with the applicable certification and quality assurance requirements of 40 CFR Part 60, Appendices B and F, or, for an acid rain unit, the certification and quality assurance requirements of 40 CFR Part 75, all adopted by reference at Rule 62-204.800, F.A.C.; or

b. The owner or operator demonstrates that the CEMS otherwise represents the most accurate means of computing emissions for purposes of this rule.

2. Stack gas volumetric flow rates used with the CEMS to compute emissions shall be obtained by the most accurate of the following methods as demonstrated by the owner or operator:

a. A calibrated flowmeter that records data on a continuous basis, if available; or

b. The average flow rate of all valid stack tests conducted during a five-year period encompassing the period over which the emissions are being computed, provided all stack tests used shall represent the same operational and physical configuration of the unit.

3. The owner or operator may use CEMS data in combination with an appropriate f-factor, heat input data, and any other necessary parameters to compute emissions if such method is demonstrated by the owner or operator to be more accurate than using a stack gas volumetric flow rate as set forth at subparagraph 62-210.370(2)(b)2., F.A.C., above.

(c) Mass Balance Calculations.

1. An owner or operator may use mass balance calculations to compute emissions of a pollutant for purposes of this rule provided the owner or operator:

a. Demonstrates a means of validating the content of the pollutant that is contained in or created by all materials or fuels used in or at the emissions unit; and,

b. Assumes that the emissions unit emits all of the pollutant that is contained in or created by any material or fuel used in or at the emissions unit if it cannot otherwise be accounted for in the process or in the capture and destruction of the pollutant by the unit’s air pollution control equipment.

2. Where the vendor of a raw material or fuel which is used in or at the emissions unit publishes a range of pollutant content from such material or fuel, the owner or operator shall use the highest value of the range to compute the emissions, unless the owner or operator demonstrates using site-specific data that another content within the range is more accurate.

3. In the case of an emissions unit using coatings or solvents, the owner or operator shall document, through purchase receipts, records and sales receipts, the beginning and ending VOC inventories, the amount of VOC purchased during the computational period, and the amount of VOC disposed of in the liquid phase during such period.

(d) Emission Factors.

1. An owner or operator may use an emission factor to compute emissions of a pollutant for purposes of this rule provided the emission factor is based on site-specific data such as stack test data, where available, unless the owner or operator demonstrates to the department that an alternative emission factor is more accurate. An owner or operator using site-specific data to derive an emission factor, or set of factors, shall meet the following requirements.

a. If stack test data are used, the emission factor shall be based on the average emissions per unit of input, output, or gas volume, whichever is appropriate, of all valid stack tests conducted during at least a five-year period encompassing the period over which the emissions are being computed, provided all stack tests used shall represent the same operational and physical configuration of the unit.

b. Multiple emission factors shall be used as necessary to account for variations in emission rate associated with variations in the emissions unit’s operating rate or operating conditions during the period over which emissions are computed.

c. The owner or operator shall compute emissions by multiplying the appropriate emission factor by the appropriate input, output or gas volume value for the period over which the emissions are computed. The owner or operator shall not compute emissions by converting an emission factor to pounds per hour and then multiplying by hours of operation, unless the owner or operator demonstrates that such computation is the most accurate method available.

2. If site-specific data are not available to derive an emission factor, the owner or operator may use a published emission factor directly applicable to the process for which emissions are computed. If no directly-applicable emission factor is available, the owner or operator may use a factor based on a similar, but different, process.

(e) Accounting for Emissions During Periods of Missing Data from CEMS, PEMS, or CPMS. In computing the emissions of a pollutant, the owner or operator shall account for the emissions during periods of missing data from CEMS, PEMS, or CPMS using other site-specific data to generate a reasonable estimate of such emissions.

(f) Accounting for Emissions During Periods of Startup and Shutdown. In computing the emissions of a pollutant, the owner or operator shall account for the emissions during periods of startup and shutdown of the emissions unit.

(g) Fugitive Emissions. In computing the emissions of a pollutant from a facility or emissions unit, the owner or operator shall account for the fugitive emissions of the pollutant, to the extent quantifiable, associated with such facility or emissions unit.

(h) Recordkeeping. The owner or operator shall retain a copy of all records used to compute emissions pursuant to this rule for a period of five years from the date on which such emissions information is submitted to the department for any regulatory purpose.

(3) Annual Operating Report (AOR) for Air Pollutant Emitting Facility.

(a) The Annual Operating Report for Air Pollutant Emitting Facility [Including Title V Source Emissions Fee Calculation] (DEP Form No. 62-210.900(5)) shall be completed each year for the following facilities:

1. All Title V sources.

2. All synthetic minor-80 sources (SM-80), as defined in Rule 62-210.200, F.A.C.

(b) Notwithstanding paragraph 62-210.370(3)(a), F.A.C., no annual operating report shall be required for any facility operating under an air general permit.

(c) By April 1 of the year following each calendar year, an annual operating report shall be submitted to the appropriate Department of Environmental Protection (DEP) division, district or DEP-approved local air pollution control program office. However, if the annual operating report is submitted using the DEP’s electronic annual operating report software, there is no requirement to submit DEP Form No. 62-210.900(5) to any DEP or local air program office. Each Title V Source shall submit the annual operating report using the DEP’s electronic annual operating report software, unless the Title V source claims a technical or financial hardship. A technical or financial hardship is claimed by submitting DEP Form No. 62-210.900(5) to the DEP Division of Air Resource Management at:

AOR and Major Air Pollution Source Annual Emissions Fee

P.O. Box 3070

Tallahassee, Florida 32315-3070.

(See http://www.dep.state.fl.us/air/emission/eaor/ for information regarding annual operating reports.)

(d) Emissions shall be computed in accordance with the provisions of subsection 62-210.370(2), F.A.C., for purposes of the annual operating report.

(4) Facility Relocation. Unless otherwise provided by rule or more stringent permit condition, the owner or operator of a relocatable facility must submit a Facility Relocation Notification Form (DEP Form No. 62-210.900(6)) to the Department at least thirty (30) days prior to the relocation. A separate form shall be submitted for each facility in the case of the relocation of multiple facilities which are jointly owned or operated.

History

• Rulemaking Authority 403.061 FS. Law Implemented 20.255(8), 403.031, 403.061, 403.087, 403.0872 FS. History–New 2-9-93, Formerly 17-210.370, Amended 11-23-94, 3-21-96, 2-11-99, 6-21-01, 2-2-06, 7-3-08, Amended 12-31-13, 8-25-14, 7-19-26.

Fla. Admin. Code R. 62-210.400 Emission Estimates

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-23-94, Formerly 17-2.215, 17-210.400, Repealed 3-13-96.

Fla. Admin. Code R. 62-210.500 Air Quality Models

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-23-94, Formerly 17-2.260, 17-210.500, Repealed 3-13-96.

Fla. Admin. Code R. 62-210.550 Stack Height Policy

The degree of emission limitation required of any emissions unit for control of any air pollutant on a continuous basis shall not be affected by so much of any emissions unit’s stack height that exceeds good engineering practice, as provided in 40 C.F.R. 51.100(ii), as adopted and incorporated by reference in Rule 62-204.800, F.A.C., or by any other dispersion technique, as provided in 40 C.F.R. 51.100(hh), as adopted and incorporated by reference in Rule 62-204.800, F.A.C. This provision shall not apply to those stacks in existence, or dispersion techniques implemented, on or before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by emissions units, as defined in section 111(a)(3) of the Clean Air Act, which were constructed, or reconstructed, or for which modifications under Rules 62-212.400 and 62-212.500, F.A.C., or 40 C.F.R. 52.21, were carried out after December 31, 1970. This provision shall not restrict in any manner the actual stack height of any emissions unit.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.270, 17-210.550, Amended 11-23-94, 7-3-18.

Fla. Admin. Code R. 62-210.650 Circumvention

No person shall circumvent any air pollution control device, or allow the emission of air pollutants without the applicable air pollution control device operating properly.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.240, 17-210.650.

Fla. Admin. Code R. 62-210.700 Excess Emissions

(1) Excess emissions resulting from startup, shutdown or malfunction of any emissions unit shall be permitted provided (1) best practices to minimize emissions are adhered to and (2) the duration of excess emissions shall be minimized but in no case exceed two hours in any 24-hour period unless specifically authorized by the Department for longer duration. Excess emissions that are caused entirely or in part by poor maintenance, poor operation, or any other equipment or process failure that may reasonably be prevented during startup, shutdown or malfunction shall be prohibited.

(2) Excess emissions from existing fossil fuel steam generators resulting from startup or shutdown shall be permitted provided that best practices to minimize emissions are adhered to and the duration of excess emissions shall be minimized. Excess emissions that are caused entirely or in part by poor maintenance, poor operation, or any other equipment or process failure that may reasonably be prevented during startup, shutdown or malfunction shall be prohibited.

(3) Visible emissions from existing fossil fuel steam generators resulting from boiler cleaning (soot blowing) and load change may be up to 60 percent opacity, based upon a six-minute average, for a period of up to 3 hours in any 24-hour period provided (1) best practices to minimize visible emissions are adhered to and (2) the duration of elevated opacity is minimized. Particulate matter emissions from existing fossil fuel steam generators during periods of boiler cleaning (soot blowing) and load change may average up to 0.3 pounds per million BTU heat input for a period of up to 3 hours in any 24-hour period provided (1) best practices to minimize particulate matter emissions are adhered to and (2) the duration of elevated particulate matter emissions is minimized. A load change, other than startup or shutdown, occurs when a fossil fuel steam generating unit is operating in the range of 10 percent to 100 percent of rated capacity, the change in operation exceeds 10 percent of the unit’s rated capacity, and change in operation occurs at a rate of 0.5 percent or more per minute.

(4) Considering operational variations in types of industrial equipment operations affected by this rule, the Department may adjust maximum and minimum factors to provide reasonable and practical regulatory controls consistent with the public interest.

(5) In case of excess emissions resulting from malfunctions, each owner or operator shall notify the Department or the appropriate Local Program in accordance with Rule 62-4.130, F.A.C. A full written report on the malfunctions shall be submitted in a quarterly report, if requested by the Department.

(6) After November 22, 2023, subsections 62-210.700(1) and (2), F.A.C., shall not apply to:

(a) Emission limits in Chapter 62-296, F.A.C., that have been or that become incorporated into the State Implementation Plan for the State of Florida, identified in 40 C.F.R. §52.520; and,

(b) Unit-specific emission limits that have been or that become incorporated into the State Implementation Plan for the State of Florida, identified in 40 C.F.R. §52.520.

(7) Subsections 62-210.700(1) and (2), F.A.C., shall not apply to unit-specific emission limits established after October 23, 2016, pursuant to Rules 62-212.400 and 62-212.500, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.250, 17-210.700, Amended 11-23-94, 10-23-16, 4-4-18, 4-30-20, 3-27-22.

Fla. Admin. Code R. 62-210.710 Emission Limits during Transient Modes of Operation

(1) A facility may request that the Department establish by permit one or more unit-specific secondary emission limits to apply during a specified transient mode of operation in lieu of the unit’s primary emission limit in Chapter 62-296, F.A.C., or the State Implementation Plan of the State of Florida, identified in 40 C.F.R. §52.520. Transient modes of operation include, but are not limited to, periods of startup, shutdown, or fuel switching. In order to be eligible for a secondary emission limit applicable during a specified transient mode of operation, the facility must provide to the Department data and documentation sufficient to:

(a) Describe the specific operating conditions that mark the commencement and completion of the transient mode of operation, the duration of those operating conditions, and the operational variations in the process and control equipment and operations being permitted that could affect the frequency or duration of the transient mode of operation; and,

(b) Demonstrate that the frequency and duration of the transient mode of operation will be limited to the greatest extent practicable; and,

(c) Demonstrate that the unit’s emission control strategy for compliance with the otherwise applicable category-specific primary emission limit or unit-specific primary emission limit contained in the State Implementation Plan of the State of Florida, identified in 40 C.F.R. §52.520, is technically infeasible during the transient mode of operation; and,

(d) Demonstrate that the unit is unable to comply with the otherwise applicable category-specific primary emission limit or unit-specific primary emission limit contained in the State Implementation Plan of the State of Florida, identified in 40 C.F.R. §52.520; and,

(e) Define best practices for the unit for limiting the extent and duration of emissions of the regulated air pollutant during the transient mode of operation; and,

(f) Determine a secondary emission limit that (1) reflects best practices and (2) minimizes the extent and duration of emissions of the regulated air pollutant during the transient mode of operation to the greatest extent practicable; and,

(g) Demonstrate that the facility has implemented or will implement recordkeeping practices (e.g. continuous emissions monitoring, parametric data collection and storage, contemporaneous operating logs) sufficient to demonstrate compliance with the unit-specific secondary emission limit.

(2) A unit-specific secondary emission limit established pursuant to subsection 62-210.710(1), F.A.C., may be in a different form than the category-specific primary emission limit or unit-specific primary emission limit contained in the State Implementation Plan of the State of Florida, identified in 40 C.F.R. §52.520. Any secondary emission limit applicable during a transient mode of operation must be in one of the following forms:

(a) A unit-specific numerical emission limit equivalent to emissions levels during the transient mode of operation under best practices for the unit;

(b) A unit-specific numerical emission limit established under a federal New Source Performance Standard (NSPS) or National Emission Standards for Hazardous Air Pollutant (NESHAP) that applies during a transient mode of operation and is representative of best practices for the unit;

(c) A unit-specific federal NSPS- or NESHAP-based work practice standard that applies during a transient mode of operation and is representative of best practices for the unit, or

(d) A unit-specific work practice standard representative of best practices for the unit.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History‒New 10-23-16.

Fla. Admin. Code R. 62-210.900 Forms and Instructions

The forms used by the Department in the stationary source control program are adopted and incorporated by reference in this section. The forms are listed by rule number, which is also the form number, with the subject, title and effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or by accessing the Division’s website at www.dep.state.fl.us/air. The requirement of subsection 62-4.050(2), F.A.C., to file application forms in quadruplicate is waived if an air permit application is submitted using the Department’s electronic application form.

(1) Application for Air Permit – Long Form, Form and Instructions (DEP Form No. 62-210.900(1), Effective 6-22-17 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08309).

(a) Acid Rain Part Application, Form and Instructions (DEP Form No. 62-210.900(1)(a), Effective 3-16-08 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08310).

1. Phase II NOX Averaging Plan, Form (DEP Form No. 62-210.900(1)(a)1., Effective 3-16-08 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08311).

2. Acid Rain New Unit Exemption, Form and Instructions (DEP Form No. 62-210.900(1)(a)2., Effective 3-16-08 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08312).

3. Phase II NOX Compliance Plan, Form and Instructions (DEP Form No. 62-210.900(1)(a)3., Effective 3-11-10 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08313).

(b) [Reserved].

(c) Acid Rain Retired Unit Exemption, Form and Instructions (DEP Form No. 62-210.900(1)(c), Effective 7-3-18 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09534).

(2) Application for Title V Air Permit Renewal. (Reserved)

(3) Application for Air Permit – Non-Title V Source, Form and Instructions (DEP Form No. 62-210.900(3), Effective 6-22-17 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08316).

(4) Application for Non-Title V Air Permit Renewal, Form and Instructions (DEP Form No. 62-210.900(4), Effective 2-11-99 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08317).

(5) Annual Operating Report for Air Pollutant Emitting Facility [Including Title V Source Emission Fee Calculation], Form and Instructions (DEP Form No. 62-210.900(5), Effective 6-22-17, https://www.flrules.org/Gateway/reference.asp?No=Ref-08318)).

(6) Facility Relocation Notification Form (DEP Form No. 62-210.900(6), Effective 7-3-18 (https://www.flrules.org/Gateway/reference.asp?No=Ref-09535).

(7) Application for Transfer of Air Permit – Title V and Non-Title V Source (DEP Form No. 62-210.900(7), Effective 10-12-08 (https://www.flrules.org/Gateway/reference.asp?No=Ref-08320).

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.061, 403.087, 403.0872, 403.815 FS. History–New 2-9-93, Amended 7-20-94, Formerly 17-210.900, Amended 11-23-94, 7-6-95, 3-21-96, 1-6-98, 2-11-99, 4-16-01, 6-21-01, 6-16-03, 2-2-06, 3-16-08, 7-3-08, 10-12-08, 3-11-10, 12-31-13, 8-25-14, 6-22-17, 7-3-18.

Fla. Admin. Code R. 62-210.920 Registration Forms for Air General Permits

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.814 FS. History–New 10-16-95, Amended 1-2-96, 3-21-96, 5-13-96, 8-15-96, 11-13-97, 5-25-98, 2-11-99, 6-21-01, 1-10-07, 5-9-07, Repealed 6-29-11.

Fla. Admin. Code R. 62-210.980 Severability

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-1-84, Amended 8-26-81, Formerly 17-2.24, 17-2.280, 17-210.980, Repealed 1-2-96.

Fla. Admin. Code R. 62-210.990 Effective Date

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-1-81, Amended 8-26-81, Formerly 17-2.290, 17-210.990, Repealed 11-23-94.

Chapter 62-212 STATIONARY SOURCES - PRECONSTRUCTION REVIEW

Fla. Admin. Code R. 62-212.100 Purpose and Scope

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.0875 FS. History–New 2-2-93, Formerly 17-212.100, Amended 11-23-94, 3-13-96, 5-20-97, Repealed 2-16-12.

Fla. Admin. Code R. 62-212.200 Definitions

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 2-2-93, Formerly 17-2.100, 17-212.200, Amended 11-23-94, Repealed 3-13-96.

Fla. Admin. Code R. 62-212.300 General Preconstruction Review Requirements

This rule shall apply to the proposed construction or modification of all emissions units and facilities for which an air construction permit is required pursuant to subsection 62-210.300(1), F.A.C.

(1) General Prohibitions.

(a) The owner or operator of any emissions unit or facility shall not undertake any activity listed at paragraph 62-210.300(1)(a), FA.C., without first obtaining an air construction permit from the Department.

(b) Except as provided in Rule 62-212.500, F.A.C., the Department shall not permit the construction or modification of any emissions unit or facility that would cause or contribute to a violation of any ambient air quality standard. The Department shall not permit the construction or modification of any emissions unit which would be located in a nonattainment area or area of influence if the proposed construction or modification would interfere with reasonable further progress toward attaining the ambient air quality standards.

(c) The Department shall not permit the construction or modification of any emissions unit or facility that would cause or contribute to an ambient concentration at any point within a baseline area that exceeds either the appropriate baseline concentration for the point plus the appropriate maximum allowable increase or the appropriate ambient air quality standard, whichever is less.

(d) The Department shall not establish, renew, or change any plantwide applicability limits at any existing major stationary source except through the air construction permit process and the public participation process required at Rule 62-212.720, F.A.C.

(e) If the Department issues any construction permit which avoids the requirements of subsections 62-212.400(4) through (12), F.A.C., based in whole or in part on projected actual emissions calculations, the permit shall contain the following monitoring, reporting and recordkeeping provisions:

1. The permittee shall monitor the emissions of any PSD pollutant that the Department identifies could increase as a result of the construction or modification and that is emitted by any emissions unit that could be affected; and, using the most reliable information available, calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations if the change increases the design capacity of that emissions unit or its potential to emit that PSD pollutant. Emissions shall be computed in accordance with Rule 62-210.370, F.A.C.

2. The permittee shall report to the Department within 60 days after the end of each year during which records must be generated under subparagraph 62-212.300(1)(e)1., F.A.C., setting out the unit's annual emissions during the calendar year that preceded submission of the report. The report shall contain the following:

a. The name, address and telephone number of the owner or operator of the major stationary source,

b. The annual emissions as calculated pursuant to subparagraph 62-212.300(1)(e)1., F.A.C.,

c. If the emissions differ from the preconstruction projection, an explanation as to why there is a difference; and,

d. Any other information that the owner or operator wishes to include in the report.

3. The information required to be documented and maintained pursuant to subparagraphs 62-212.300(1)(e)1. and 2., F.A.C., shall be submitted to the Department, which shall make it available for review to the general public.

(f) The Department shall account for condensable PM10 and condensable PM2.5 in applicability determinations and in establishing emissions limitations for PM10 and PM2.5 in permits issued pursuant to Rule 62-212.400 or 62-212.500, F.A.C., and in permits issued to establish limitations to avoid applicability of Rule 62-212.400 or 62-212.500, F.A.C.

(2) Applicability. The requirements of subparagraph 62-204.800(11)(d)2. and Rules 62-212.400, 62-212.500, and 62-212.600, F.A.C., shall apply in addition to any other preconstruction review requirements under Rule 62-212.300, F.A.C.

(3) Permitting Requirements.

(a) Each applicant for an air construction permit for an emissions unit subject to this rule shall provide the Department, at a minimum, the following information:

1. The nature and amounts of emissions from the emissions unit, including baseline actual emissions and projected actual emissions, and any netting calculations, if applicable, when used to determine PSD applicability pursuant to paragraph 62-212.400(2)(a), F.A.C., and when used to establish a PAL pursuant to Rule 62-212.720, F.A.C. When used to determine PSD applicability pursuant to subparagraph 62-212.400(2)(a)1. or 3., F.A.C., the applicant shall also provide a record of the amount of excluded emissions, and an explanation as to why these emissions were excluded, for any projected actual emissions calculations that exclude that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project including any increased utilization due to product demand growth.

2. The location, design, construction, and operation of the emissions unit to the extent necessary to allow the Department to determine whether construction or modification of the emissions unit would result in violations of any applicable provisions of chapter 403, Florida Statutes, or Department air pollution rules, or whether the construction or modification would interfere with the attainment and maintenance of any state or national ambient air quality standard.

(b) Each applicant for an air construction permit for an emissions unit subject to subparagraph 62-204.800(11)(d)2., F.A.C., shall provide the Department with the information required by 40 C.F.R. 63.43(e), adopted by reference in Rule 62-204.800, F.A.C.

(c) The Department shall include conditions in each permit issued to insure that the provisions of this rule are not violated.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.520, 17-212.300, Amended 11-23-94, 1-1-96, 10-28-97, 2-2-06, 10-6-08, 6-29-09, 3-28-12.

Fla. Admin. Code R. 62-212.400 Prevention of Significant Deterioration (PSD)

(1) General Provisions.

(a) No person shall construct any new major stationary source or undertake any major modification except in compliance with the provisions of this rule and, where applicable, Rule 62-212.500, F.A.C. Emissions of an affected pollutant from a new major stationary source or major modification which is located in or proposed to be located in any nonattainment area are not subject to this rule.

(b) The Department shall include conditions in each permit issued to insure that the provisions of this rule are not violated.

(c) For purposes of this rule, the term “Administrator,” wherever it appears in any provision of 40 CFR 52.21 cited herein, shall mean “Department.”

(2) Applicability.

(a) The requirements of subsections 62-212.400(4) through (12), F.A.C., apply to the construction of any new major stationary source or the major modification of any existing major stationary source. The Department shall determine whether a major modification will occur for each PSD pollutant as follows:

1. Baseline Actual-to-Projected Actual Applicability Test for Modifications at Existing Emissions Units. A significant emissions increase of a PSD pollutant will occur if the difference, or the sum of the differences if more than one emissions unit is involved, between the projected actual emissions and the baseline actual emissions equals or exceeds the significant emissions rate for that pollutant. If a combination of new and existing emissions units is involved, then the major modification shall be determined by the hybrid test for multiple types of emissions units pursuant to subparagraph 62-212.400(2)(a)3., F.A.C.

2. Baseline Actual-to-Potential Applicability Test for Construction of New Emissions Units. A significant emissions increase of a PSD pollutant will occur if the difference, or the sum of the differences if more than one emissions unit is involved, between the potential to emit from each new emissions unit following completion of the construction and the baseline actual emissions of these units before the construction equals or exceeds the significant emissions rate for that pollutant. If a combination of new and existing emissions units is involved, then the major modification shall be determined by the hybrid test for multiple types of emissions units pursuant to subparagraph 62-212.400(2)(a)3., F.A.C.

3. Hybrid Test for Multiple Types of Emissions Units. A significant emissions increase of a PSD pollutant will occur if the sum of the emissions increases for all emissions units, using the method specified above for each type of emissions unit equals or exceeds the significant emissions rate for that pollutant.

(b) Any owner or operator of any existing major stationary source seeking to establish or change a plantwide applicability limitation (PAL) for a PSD pollutant shall comply with the requirements under Rule 62-212.720, F.A.C.

(3) Exemptions.

(a) The requirements of subsections 62-212.400(4) through (12), F.A.C., shall not apply to a major stationary source or major modification if the source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution.

(b) The requirements of subsections 62-212.400(4) through (12), F.A.C., shall not apply to a major stationary source or major modification if the source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:

1. Coal cleaning plants (with thermal dryers),

2. Kraft pulp mills,

3. Portland cement plants,

4. Primary zinc smelters,

5. Iron and steel mills,

6. Primary aluminum ore reduction plants,

7. Primary copper smelters,

8. Municipal incinerators capable of charging more than 250 tons of refuse per day,

9. Hydrofluoric, sulfuric, or nitric acid plants,

10. Petroleum refineries,

11. Lime plants,

12. Phosphate rock processing plants,

13. Coke oven batteries,

14. Sulfur recovery plants,

15. Carbon black plants (furnace process),

16. Primary lead smelters,

17. Fuel conversion plants,

18. Sintering plants,

19. Secondary metal production plants,

20. Chemical process plants (the term “chemical process plants” shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System (NAICS) codes 325193 or 312140),

21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input,

22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels,

23. Taconite ore processing plants,

24. Glass fiber processing plants,

25. Charcoal production plants,

26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input,

27. Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act.

(c) The requirements of subsections 62-212.400(5), (7), and (8), F.A.C., shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the applicant demonstrates that the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification:

1. Would impact no Class I area and no area where an applicable increment is known to be violated; and,

2. Would not exceed two years in duration.

(d) The requirements of subsections 62-212.400(5), (7), and (8), F.A.C., as they relate to any maximum allowable increase for a Class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each PSD pollutant from the modification after the application of best available control technology would be less than 50 tons per year.

(e) The requirements of subsection 62-212.400(7), F.A.C., as they relate to monitoring for a particular pollutant shall not apply if:

1. The emissions increase of the pollutant from the new major stationary source or the net emissions increase of the pollutant from the major modification would cause, in any area, air quality impacts less than the amounts listed at 40 CFR 52.21 (i)(5), adopted and incorporated by reference at Rule 62-204.800, F.A.C., specifically the following amounts:

a. Carbon monoxide – 575 micrograms per cubic meter, 8-hour average,

b. Nitrogen dioxide – 14 micrograms per cubic meter, annual average,

c. PM2.5 – 4 micrograms per cubic meter, 24-hour average,

d. PM10 – 10 micrograms per cubic meter, 24-hour average,

e. Sulfur dioxide – 13 micrograms per cubic meter, 24-hour average,

f. Ozone – No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis including the gathering of ambient air quality data,

g. Lead – 0.1 micrograms per cubic meter, 3-month average,

h. Fluorides – 0.25 micrograms per cubic meter, 24-hour average,

i. Total reduced sulfur – 10 micrograms per cubic meter, 1-hour average,

j. Hydrogen sulfide – 0.2 micrograms per cubic meter, 1-hour average,

k. Reduced sulfur compounds – 10 micrograms per cubic meter, 1-hour average; and,

l. Any concentration previously listed at the table at Rule 62-212.400-3, F.A.C.; specifically, Mercury – 0.25 micrograms per cubic meter, 24-hour average, or

2. The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in subparagraph 62-212.400(3)(e)1., F.A.C., above, or the pollutant is not listed above.

(4) Source Information. The owner or operator of a proposed source or modification shall submit all information necessary to perform any analysis or make any determination required under this section. Such information shall include:

(a) A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout;

(b) A detailed schedule for construction of the source or modification;

(c) A detailed description as to what system of continuous emission reduction is planned for the source or modification, emission estimates, and any other information necessary to determine best available control technology (BACT) including a proposed BACT;

(d) The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact and an analysis of “good engineering practice” stack height; and,

(e) The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.

(5) Source Impact Analysis.

(a) Required Demonstration. The owner or operator of the proposed major stationary source or major modification shall demonstrate that allowable emission increases from the proposed major stationary source or major modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:

1. Any ambient air quality standard in any air quality control region, or

2. Any applicable maximum allowable increase over the baseline concentration in any area.

(b) Significant Impact Levels. For purposes of PM2.5, the demonstration required in paragraph 62-212.400(5)(a), F.A.C., is deemed to have been made if the emissions increase from the new major stationary source alone or from the major modification alone would cause, in all areas, air quality impacts less than the following amounts:

1. Annual averaging time – 0.06 micrograms per cubic meter in a Class I area, and 0.3 micrograms per cubic meter in all other areas.

2. 24-hour averaging time – 0.07 micrograms per cubic meter in a Class I area, and 1.2 micrograms per cubic meter in all other areas.

(6) Air Quality Models. Air quality models shall meet the requirements provided in 40 C.F.R. 52.21(l), adopted by reference in Rule 62-204.800, F.A.C.

(7) Air Quality Analysis. The owner or operator of a major stationary source or major modification shall provide any required monitoring and analysis as required in 40 C.F.R. 52.21(m), adopted by reference in Rule 62-204.800, F.A.C.

(8) Additional Impact Analyses.

(a) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.

(b) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the source or modification.

(c) Visibility Monitoring. The owner or operator shall provide visibility monitoring as required in 40 C.F.R. 52.21(o)(3), adopted by reference in Rule 62-204.800, F.A.C.

(9) Sources Impacting Federal Class I Areas. Sources impacting Federal Class I areas are subject to the additional requirements provided in 40 C.F.R. 52.21(p), adopted by reference in Rule 62-204.800, F.A.C.

(10) Control Technology Review. The Department shall not issue any permit unless it determines that:

(a) The owner or operator of a major stationary source or major modification shall meet each applicable emissions limitation under the State Implementation Plan and each applicable emissions standard and standard of performance under 40 C.F.R. Parts 60, 61, and 63.

(b) The owner or operator of a new major stationary source shall apply best available control technology for each PSD pollutant that the source would have the potential to emit in significant amounts.

(c) The owner or operator of a major modification shall apply best available control technology for each PSD pollutant which would result in a significant net emissions increase at the source. (This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.)

(d) The owner or operator of a phased construction project shall adhere to the procedures provided in 40 C.F.R. 52.21(j)(4), adopted by reference in Rule 62-204.800, F.A.C.

(11) Public Participation. No permit shall be issued until the applicant and Department have complied with all applicable public notice and participation provisions of Rules 62-210.350 and 62-110.106, F.A.C.

(12) Source Obligation.

(a) Authorization to construct shall expire if construction is not commenced within 18 months after receipt of the permit, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. This provision does not apply to the time period between construction of the approved phases of a phased construction project except that each phase must commence construction within 18 months of the commencement date established by the Department in the permit.

(b) At such time that a particular source or modification becomes a major stationary source or major modification (as these terms were defined at the time the source obtained the enforceable limitation) solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of subsections 62-212.400(4) through (12), F.A.C., shall apply to the source or modification as though construction had not yet commenced on the source or modification.

(c) At such time that a particular source or modification becomes a major stationary source or major modification (as these terms were defined at the time the source obtained the enforceable limitation) solely by exceeding its projected actual emissions, then the requirements of subsections 62-212.400(4) through (12), F.A.C., shall apply to the source or modification as though construction had not yet commenced on the source or modification.

(13) Innovative Control Technology. The Department shall allow use of innovative control technology only as provided in 40 C.F.R. 52.21(v), incorporated by reference at Rule 62-204.800, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.500, Amended 2-2-93, Formerly 17-212.400, Amended 11-23-94, 1-1-96, 3-13-96, 2-5-98, 8-15-99, 2-2-06, 7-16-07, 10-6-08, 12-4-11, 3-28-12.

Fla. Admin. Code R. 62-212.410 Best Available Control Technology (BACT)

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-23-94, Formerly 17-2.630, 17-212.410, Amended 1-1-96, Repealed 3-13-96.

Fla. Admin. Code R. 62-212.500 Preconstruction Review for Nonattainment Areas

(1) General Prohibitions.

(a) Except as provided in this rule, the Department shall not permit the construction or modification of any emissions unit or facility that would cause or contribute to a violation of any ambient air quality standard. The Department shall ensure that the combined impact of new emissions, emissions offsets, temporary emissions and existing emissions within any nonattainment area or area of influence shall not interfere with reasonable further progress (RFP) toward attainment of ambient air quality standards.

(b) In an area designated nonattainment pursuant to subsection 62-204.340(2), F.A.C., without an approved State Implementation Plan (SIP) which defines RFP, the Department shall require sufficient emissions offsets to provide a significant net air quality improvement in the affected area pursuant to subparagraph 62-212.500(4)(d)2., F.A.C.

(c) The Department shall include conditions in each permit issued to insure that the provisions of this rule are not violated.

(2) Applicability.

(a) Project Exemptions.

1. Pollution Control Project Exemption. A pollution control project that is being added, replaced, or used at an existing electric utility steam generating unit and that meets the requirements of 40 C.F.R. 52.24(f)(5)(iii)(h) shall not be subject to the preconstruction review requirements of this rule.

2. Temporary Clean Coal Technology Demonstration Project Exemption. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration that meets the requirements of 40 C.F.R. 52.24(f)(5)(iii)(i) shall not be subject to the preconstruction review requirements of this rule.

(b) Fugitive Emissions Exemption. A proposed new facility or modification shall not be subject to the requirements of subsection 62-212.500(4), F.A.C., if:

1. The affected facility would not belong to any of the facility categories listed in the definition of “Major Stationary Source” in Rule 62-210.200, F.A.C., or any other facility category which, as of August 7, 1980, is being regulated under 40 C.F.R. 60 or 40 C.F.R. 61; and,

2. The facility or modification would be subject to the provisions of subsection 62-212.500(4), F.A.C., only if fugitive emissions, to the extent quantifiable, are considered in determining whether the affected facility would be subject to the provisions of subsection 62-212.500(4), F.A.C., pursuant to subparagraph 62-212.500(2)(d)2., F.A.C., if it is or were itself a proposed new facility.

(c) Alternative Fuel or Raw Material Exemption. A modification that is to occur for any of the following reasons shall not be subject to the provisions of subsection 62-212.500(4), F.A.C.:

1. Use of an alternative fuel or raw material by reason of any order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, or the Power Plant and Industrial Fuel Use Act of 1978, or by reason of a natural gas curtailment plan pursuant to the Federal Power Act, or

2. Use of an alternative fuel by reason of an order or rule under Section 125 of the Act, or

3. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste, or

4. Use of an alternative fuel or raw material which the facility was capable of accommodating before December 21, 1976 unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976, or

5. Use of an alternative fuel or raw material which the facility is approved to use under any permit issued under Rule 17-2.510 (transferred), 17-2.17 (repealed), or 62-212.500, F.A.C.

(d) New and Modified Facilities.

1. New Minor Facilities. A proposed new minor facility shall not be subject to the provisions of subsection 62-212.500(4), F.A.C.

2. New Major Facilities. Unless exempted under paragraph 62-212.500(2)(a) or (b), F.A.C., a proposed new major facility shall be subject to the provisions of subsection 62-212.500(4), F.A.C., if:

a. For the affected pollutant, except lead, the sum of the quantifiable fugitive emissions and the potential emissions of all emissions units at the facility which have the same “Major Group” Standard Industrial Classification (SIC) Code would be equal to or greater than 100 tons per year, or

b. For lead or lead compounds, measured as elemental lead, the sum of the quantifiable fugitive emissions and the potential emissions of all emissions units at the facility which have the same “Major Group” Standard Industrial Classification (SIC) Code would be equal to or greater than 5 tons per year.

3. Modifications to Minor Facilities. Unless exempted under paragraph 62-212.500(2)(a), (b) or (c), F.A.C., a proposed modification to a minor facility shall be subject to the provisions of subsection 62-212.500(4), F.A.C., only if the modification would be a physical change which in and of itself would constitute a new major facility subject to the provisions of subsection 62-212.500(4), F.A.C., pursuant to subparagraph 62-212.500(2)(d)2., F.A.C.

4. Modifications to Major Facilities. Unless exempted under paragraph 62-212.500(2)(a), (b) or (c), F.A.C., a proposed modification to a major facility shall be subject to the provisions of:

a. Subsection 62-212.500(4), F.A.C., if the facility to be modified would be subject to those provisions pursuant to subparagraph 62-212.500(2)(d)2., F.A.C., if it were itself a proposed new facility and the modification would result in a significant net emissions increase (as set forth in subparagraph 62-212.500(2)(e)2., F.A.C.) of the affected pollutant, or

b. Subparagraph 62-212.500(2)(d)3., F.A.C., if the facility to be modified would not be subject to the provisions of subsection 62-212.500(4), F.A.C., pursuant to subparagraph 62-212.500(2)(d)2., F.A.C., if it were itself a proposed new facility.

5. Relaxations of Restrictions on Pollutant Emitting Capacity. If a previously permitted facility or modification becomes a facility or modification which would be subject to the provisions of subsection 62-212.500(4), F.A.C., if it were a proposed new facility or modification, solely by virtue of a relaxation in any federally enforceable limitation on the capacity of the facility or modification to emit a pollutant (such as a restriction on hours of operation), which limitation was established after August 7, 1980, then at the time of such relaxation, the provisions of subsection 62-212.500(4), F.A.C., shall apply to the facility or modification as though construction had not yet commenced on it.

(e) Emissions Changes.

1. Net Emissions Increase. A modification to a facility results in a net emissions increase when, for the affected pollutant, the sum of all the contemporaneous, creditable increases and decreases in the actual emissions of the facility, including the increase in emissions of the modification itself, and any increases or decreases in quantifiable fugitive emissions, is greater than zero.

2. Significant Net Emissions Increase. A significant net emissions increase of the affected pollutant is a net emissions increase equal to or greater than the applicable significant emissions rate.

3. Contemporaneous Emissions Changes. An increase or decrease in the actual emissions, or in the quantifiable fugitive emissions, of a facility is contemporaneous with a particular modification if it occurs within the period beginning five years prior to the date on which the owner or operator of the facility submits a complete application for a permit to modify the facility, and ending on the date on which the owner or operator of the modified facility projects the new or modified facility to begin operation. The date on which any increase in the actual emissions, or in the quantifiable fugitive emissions, of the facility occurs is the date on which the owner or operator of the facility begins, or projects to begin, operation of the emissions unit(s) resulting in the increase. The date on which any decrease in the actual emissions, or in the quantifiable fugitive emissions, of the facility occurs is the date on which the owner or operator of the facility completes, or is committed to complete through a federally enforceable permit condition, a physical change in or change in the method of operation of the facility resulting in the decrease.

4. Creditable Emissions Changes. An increase or decrease in the actual emissions, or in the quantifiable fugitive emissions, of a facility is creditable if the Department has not relied on it in demonstrating attainment, defining reasonable further progress, or issuing a permit under the provisions of this rule, which permit is in effect when the increase in emissions of the modification occurs. In addition, a decrease in the actual emissions, or in the quantifiable fugitive emissions, of a facility is creditable only if:

a. The old level of actual emissions, the old level of federally enforceable allowance emissions, or the old level of allowable emissions under Rules 62-296.500 through 62-296.516, 62-296.570, 62-296.600 through 62-296.605, or 62-296.700 through 62-296.712, F.A.C., whichever is lower, exceeds the new level of actual emissions;

b. It is federally enforceable on and after the date that the owner or operator obtains from the Department a permit for the modification; and,

c. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase in emissions of the modification.

(f) Pollutants Subject to Nonattainment-Area Preconstruction Review. Except for the statewide compliance provisions of paragraph 62-212.500(4)(c), F.A.C., the provisions of this rule apply only to the emissions of the affected pollutant. For ozone nonattainment areas classified as marginal or higher, the provisions of Rule 62-212.500, F.A.C., apply individually to the emissions of both volatile organic compounds (VOC) and nitrogen oxides (NOx).

1. Nonattainment Areas. The provisions of this rule apply to all new or modified emissions units or facilities which are located in or are proposed to be located in any nonattainment area, and which emit or may emit the affected air pollutant, unless specifically exempted by a provision of this rule.

2. Areas of Influence of Nonattainment Areas. The provisions of this rule apply to any new or modified emissions unit or facility which is located in or is proposed to be located in the area of influence of any nonattainment area, and which emits or may emit the affected air pollutant, as though it were physically located in the nonattainment area, except as provided under sub-subparagraph 62-212.500(2)(a)2.a. or b., below.

a. All VOC and NOx emissions units which are located within the area of influence of an ozone nonattainment area are exempt from the provisions of Rule 62-212.500, F.A.C., and shall be permitted in accordance with Rule 62-212.400, or 62-212.300, F.A.C.

b. All other new or modified emissions units or facilities located in or proposed to be located in an area of influence which would be subject to the provisions of Rule 62-212.500, F.A.C., if they were to be located within the nonattainment area, shall be subject to those provisions unless the owner or operator demonstrates to the Department that the maximum allowable emissions or the significant net increase in emissions of the proposed new or modified facility (not taking into account any emission offsets) will not have a significant impact within the nonattainment area.

(3) Limited Exemptions and Special Provisions.

(a) Temporary Emissions. A proposed temporary new or modified emissions unit or facility subject to the provisions of subsection 62-212.500(4), F.A.C., shall be exempt from the requirements of paragraphs 62-212.500(4)(c) and (4)(d), F.A.C., provided that:

1. Total operating time of the emissions unit or facility shall not exceed two years; and,

2. The owner or operator has provided the Department with reasonable assurance that the emissions will not interfere with attainment of ambient air quality standards.

(b) Relocatable Facilities. A relocatable facility may be permitted in accordance with paragraph 62-212.500(3)(a), F.A.C., and be permitted to relocate within the nonattainment area or area of influence by amendment to the facility’s operating permit provided that:

1. The owner or operator obtains an amendment to the operating permit prior to moving to the new location, identifying the new location and duration of operation at the new location; and,

2. The federally enforceable allowable emissions would not be increased at the new location.

(c) Resource Recovery Projects. A resource recovery facility which processes municipal solid waste for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse, and which utilizes solid waste to provide more than 50 percent of the heat input needed to operate the facility shall be exempt from the provisions of subparagraph 62-212.500(8)(d)1., F.A.C., provided that:

1. The applicant demonstrates to the Department that the applicant has made its best effort to obtain the full emission offsets required and such efforts were unsuccessful; and,

2. The applicant commits to continuing to seek the required emission offsets and to apply them when they become available; and,

3. The applicant has secured all available offsets.

(d) Voluntary Fuel Conversions. (Reserved)

(e) (Reserved)

(f) Open Burning. Open burning in or near a nonattainment area shall be permitted in accordance with the provisions of Chapter 62-256, F.A.C., Open Burning and Frost Protection Fires.

(4) Preconstruction Review Requirements. Except as provided in subsections 62-212.500(1) through (3), F.A.C., the Department shall not issue a permit to construct a new facility or to make a modification to a facility in a nonattainment area or an area of influence unless the following requirements have been met:

(a) LAER Requirement. The owner or operator of the proposed new or modified facility may limit the emissions of the affected air pollutant from the facility or modification through the application and employment of LAER. The procedure for determining LAER is set forth in subsection 62-212.500(7), F.A.C.

(b) Statewide Compliance Requirement for Multiple Facility Ownership. The owner or operator of the proposed new or modified facility shall demonstrate to the Department that all major facilities owned or operated by such person(s) or by any entity controlling, controlled by, or under common control with such person within the State of Florida have all required air permits and are in compliance with all applicable emission limitations or other permit conditions, or are on a schedule approved by the Department for compliance with such requirements.

(c) Emissions Offset Requirements. The Department shall not issue any permit to construct any new facility or to make any modification to a facility unless sufficient, creditable emission offsets are obtained in accordance with subsection 62-212.500(5), F.A.C.

(d) Net Air Quality Improvement Requirement.

1. Nonattainment Areas with Approved SIP.

a. The committed VOC or NOx offsets must exceed the increase of VOC or NOx emissions, respectively, from the proposed new facility or modification by a ratio of at least 1.1:1 for marginal ozone nonattainment areas and 1.15:1 for moderate ozone nonattainment areas. For transitional ozone nonattainment areas, the committed VOC offsets must equal or exceed the increase of VOC emissions from the proposed new facility or modification, and NOx offsets are not required.

b. All VOC or NOx offsets that meet the requirements of subsection 62-212.500(4), F.A.C., shall be considered to be consistent with the achievement of reasonable further progress.

c. The applicant must demonstrate that the committed offsets for emissions units of PM10 , sulfur dioxide, carbon monoxide, or lead would equal or exceed the increase of emissions from the proposed new facility or modification and would provide a net air quality improvement in accordance with paragraph 62-212.500(6)(a), F.A.C.

2. Nonattainment Areas without Approved SIP.

a. The committed VOC or NOx offsets must exceed the increase of VOC or NOx emissions, respectively, from the proposed new facility or modification by a ratio of at least 1.1:1 for marginal ozone nonattainment areas and 1.15:1 for moderate ozone nonattainment areas. For transitional ozone nonattainment areas, the committed VOC offsets must equal or exceed the increase of VOC emissions from the proposed new facility or modification, and NOx offsets are not required.

b. All VOC or NOx offsets that meet the requirements of subsection 62-212.500(4), F.A.C., shall be considered to be consistent with the achievement of reasonable further progress.

c. The applicant must demonstrate that the committed offsets for emissions units of PM10 , sulfur dioxide, carbon monoxide, or lead would exceed the increase of emissions from the new facility or modification and would provide a significant net air quality improvement in accordance with paragraph 62-212.500(6)(b), F.A.C.

(e) Visibility Protection for Class I Areas.

1. Visibility Analysis and Monitoring. If the proposed new or modified facility would be subject to the preconstruction review requirements of Rule 62-212.400, F.A.C., for the affected pollutant but for the designation of the location of the facility as a nonattainment area, the following provisions apply:

a. The owner or operator of the proposed new or modified facility shall provide the Department with an analysis of the impairment to visibility, if any, which would occur in any Federal Class I area within 100 kilometers of the facility or modification, with the exception of the Bradwell Bay National Wilderness Area, as a result of emissions from the facility or modification. (Federal Class I areas are designated in paragraph 62-204.360(4)(b), F.A.C.)

b. The analysis required under sub-subparagraph 62-212.500(4)(e)1.a., F.A.C., shall be carried out using EPA-approved methods, if available.

c. The Department may require the owner or operator of a proposed facility or modification subject to the provisions of sub-subparagraph 62-212.500(4)(e)1.a., F.A.C., to include as part of the required analysis such visibility monitoring data as are available from Federal or State visibility monitoring programs in the affected Class I area. If such data are not available or are demonstrated to be inadequate for a visibility analysis, the Department may require the applicant to collect up to one year of preconstruction visibility monitoring data and such postconstruction visibility monitoring data as are necessary to analyze the effect that emissions from the facility or modification may have, or are having, on visibility in the affected Class I area.

2. Federal Land Manager Participation.

a. The Federal Land Manager of any lands contained in a Class I area which may be affected by emissions from the proposed facility or modification, with the exception of the Bradwell Bay National Wilderness Area, may demonstrate to the Department that the emissions from the proposed facility or modification would have an adverse impact on visibility in the Federal Class I area.

b. If this demonstration is received by the Department within thirty (30) days after the Department has mailed or transmitted to the Federal Land Manager a complete application pursuant to paragraph 62-210.350(2)(b), F.A.C., it shall be considered in the Department’s preliminary determination and proposed agency action on the permit application. If this demonstration is received within the public comment period on the Department’s proposed agency action, it shall be considered in the Department’s final determination and final agency action on the permit application.

c. If the Department finds that the Federal Land Manager’s analysis does not demonstrate to the Department’s satisfaction that an adverse impact on visibility would occur in the Class I area, a written explanation of the reasons for such finding shall be included in the Department’s preliminary or final determination as provided in sub-subparagraph 62-212.500(4)(e)2.b., F.A.C. In making the decision to issue or deny the permit, the Department may take into account the Federal Land Manager’s demonstration, the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental impacts of compliance and the useful life of the emissions unit. The Department shall not issue permits over the Federal Land Manager’s demonstration of adverse impact to those emissions units whose emissions will be consistent with making reasonable progress toward the national goal of preventing any future, and remedying any existing, impairment of visibility in visibility protection areas, which impairment results from manmade air pollution.

(f) Stack Height Policy Requirement. The owner or operator of the proposed new or modified facility shall provide to the Department a good-engineering-practice stack height, or other dispersion techniques, analysis to demonstrate compliance with Rule 62-212.550, F.A.C.

(g) Alternative Analysis Requirement. The owner or operator of the proposed new or modified facility shall provide an analysis of alternative sites, sizes, production processes, and environmental control techniques. The owner or operator shall demonstrate to the Department that the benefits of the proposed new or modified facility outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

(5) Emission Offsets.

(a) Emission Offsets Required. If a proposed new facility or modification is subject to the requirements of subsection 62-212.500(4), F.A.C., the owner or operator of such facility shall obtain sufficient, creditable emission offsets. Emission offsets shall be considered sufficient if they provide for a net air quality improvement in accordance with paragraph 62-212.500(4)(d), F.A.C. The creditability of emission offsets is determined by applying the criteria set forth below in pargraph 62-212.500(5)(b), F.A.C.

(b) Creditable Emission Offsets.

1. Emissions of an air pollutant shall only be offset by emissions of the same air pollutant.

2. An emissions offset shall be computed on a mass emission basis and shall not exceed the base emission limit of the emissions unit providing the offset.

3. An emission offset may be obtained by the curtailment of production or operation hours of an offsetting emissions unit provided such curtailment is included as an enforceable provision in the operating permit that is issued to the offsetting emissions unit.

4. Emission offsets for PM10 , sulfur dioxide, carbon monoxide, or lead shall be provided only by emissions units located within the nonattainment area or area of influence within which the proposed new or modified emissions unit would be located.

5. Emission offsets for VOC or NOx shall be provided by emissions units located within the ozone nonattainment area in which the proposed new or modified emissions unit would be located or within another ozone nonattainment area provided:

a. The other area has an equal or higher nonattainment classification than the area in which the proposed new or modified emissions unit would be located; and,

b. Emissions from such other area contribute to violations of the ozone ambient air quality standard in the nonattainment area in which the proposed new or modified emissions unit would be located.

6. For an existing fuel combustion emissions unit, credit shall be based on the emissions for the type of fuel being burned at the time the application to construct is filed for the emissions unit to which an emission offset will be provided. If the existing emissions unit commits to switch to a cleaner fuel to provide the offset, emission offset credit based on the difference in actual emissions for the fuels involved shall not be creditable unless the existing emissions unit’s permit is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the emissions unit switch back to a dirtier fuel at some later date.

7. Emissions reductions achieved by shutting down an existing emissions unit or permanently curtailing production or operating hours below base emission limit levels may be creditable for offsets. Curtailments in production or operating hours occurring prior to the date the new emissions unit application is filed may be used for emission offset credit where an applicant can establish that the emissions unit shut down or curtailed production after December 31, 1990, and the proposed new emissions unit is a replacement for the shutdown or curtailment.

8. All emission reductions providing offset credit shall be federally enforceable.

9. An emission offset shall be creditable only to the extent that the Department has not relied on it in issuing any permit under Rule 17-2.510 (transferred), 17-2.520 (transferred), 17-2.17 (repealed), 62-212.300, 62-212.400, or 62-212.500, F.A.C., or in demonstrating attainment or reasonable further progress.

(c) Base Emission Limit Adjustments. Any emissions unit which has its permit modified to provide offsets to another emissions unit or facility shall have its base emission limit reduced accordingly.

(6) Net Air Quality Improvement.

(a) Net Air Quality Improvement. A net air quality improvement shall be presumed if:

1. Over an acceptable uniform grid of receptor points, considering only the impacts of the proposed new or modified facility, the emissions unit(s) providing the emissions offset and all other emissions units contributing to the availability of new emissions unit allowance, the sum of the maximum increases subtracted from the sum of the absolute values of the maximum decreases in the predicted ambient concentration of the affected pollutant within the nonattainment area, divided by the total number of receptor points within the nonattainment area, would be greater than zero annual average; and,

2. No increase in ambient concentration resulting from the combined impacts of the emissions units considered in subparagraph 62-212.500(7)(a)1., F.A.C., would exceed the numerical value of any Class II maximum allowable increase established under Rule 62-204.260, F.A.C., provided that such values that have an averaging time of less than one year may be exceeded once per year at any receptor point.

(b) Significant Net Air Quality Improvement. A significant net air quality improvement shall be presumed if:

1. Over an acceptable uniform grid of receptor points, considering only the impacts of the proposed new or modified facility and the emissions unit(s) providing the emissions offset, the sum of the maximum increases subtracted from the sum of the absolute values of the maximum decreases in the predicted ambient concentration of the affected pollutant within the nonattainment area, divided by the total number of receptor points within the nonattainment area, would be greater than one microgram per cubic meter annual average; and,

2. No increase in ambient concentration resulting from the combined impacts of the emissions units considered in subparagraph 62-212.500(7)(b)1., F.A.C., would exceed the numerical value of any Class II maximum allowable increase established under Rule 62-204.260, F.A.C., provided that such values that have an averaging time of less than one year may be exceeded once per year at any receptor point.

(7) Lowest Achievable Emission Rate (LAER).

(a) Basis of Determination. Except as provided in subsections 62-212.500(1) through (4), F.A.C., any person who proposes to construct a new emissions unit or to make a modification in a nonattainment area or area of influence shall, in its construction permit application, apply to the Department for a determination of the Lowest Achievable Emission Rate (LAER) that is applicable to the affected pollutant emission that would result from the operation of the proposed new or modified emissions unit. In such application, the applicant shall recommend a determination of LAER setting forth the basis for such determination. In making the LAER determination, the Department shall give consideration to and make a determination that reflects:

1. Any information published by the U.S. Environmental Protection Agency pursuant to Section 108 of the Clean Air Act, as required by Section 178 of the Act concerning determinations of LAER.

2. The most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of emissions unit, unless the owner or operator of the proposed emissions unit demonstrates that such limitation is not achievable, or the most stringent emissions limitation which is achieved in practice by such class or category of emissions unit, whichever is more stringent.

3. All scientific, engineering, technical material, or other relevant information available to the Department.

(b) Limitation Regarding Environmental Protection Agency Standards of Performance for New Stationary Sources. In no event shall the determination of LAER allow the proposed new or modified emissions unit to emit any affected pollutant in excess of the amount allowable under any applicable Environmental Protection Agency Standard of Performance for New Stationary Sources, promulgated pursuant to 40 CFR Part 60, and adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(c) Phased Construction Projects. For phased construction projects, the determination of LAER shall be reviewed and modified as necessary, through the permitting process, at the latest reasonable time not later than 18 months prior to commencement of construction of each independent phase of the project. At that time, the owner or operator of the facility shall be required to demonstrate the adequacy of any previous Department demonstration of LAER or propose a revision to such previous determination.

(8) Construction/Operation Permit Requirement.

(a) Permit Application Information Required. At a minimum, the owner or operator of the facility or modification shall provide the following information to the Department:

1. A description of the nature, location, design capacity and typical operating schedule of the facility or modification, including specifications and drawings showing its design and plant layout,

2. A detailed schedule for construction of the facility or modification,

3. A detailed description of the system of continuous emissions reductions proposed by the facility as LAER, emissions estimates, and any other information as necessary to determine that LAER would be applied to the facility or modification,

4. Information relating to the air quality impact of the facility or modification, including meteorological and topographical data necessary to estimate such impact.

(b) Permit Offset Identification.

1. If the proposed new facility or modification is required to have emission offsets, any construction or operation permit issued for such facility or modification shall specifically identify and quantify the amount of offset required and identify the emissions unit(s) providing the required emissions offset. Such identification shall include ownership, unit designation, location, effective date of offset, and other permit identification data.

2. Before any permit is issued for the new or modified facility, the operation permit of each offsetting emissions unit shall be revised to specifically identify and quantify the new maximum allowable emission limits for each such emissions unit, the amount of offset provided, and the facility or modification to which such emissions offset is provided. The identification of the facility or modification to which an emissions offset is provided shall include ownership, unit designation, location, effective date of offset, and other permit identification data.

(c) Construction Permits. Any construction permit issued pursuant to this rule shall contain all conditions and provisions necessary to insure that the construction and operation of the facility or modification shall be in accordance with the requirements of this rule.

(d) Operation Permits.

1. All required emission offsets shall have occurred prior to the issuance of any operation permit.

2. Any operation permit issued for a facility or modification shall include all operating conditions and provisions required under Rule 17-2.17 (repealed) or paragraph 62-212.500(8)(c), F.A.C., and set forth in the original or amended construction permit. This provision shall apply as long as the nonattainment area for which the original or amended construction permit was issued is designated as a nonattainment area under subsection 62-204.340(2), F.A.C., or as an air quality maintenance area under subsection 62-204.340(4), F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.510, Amended 2-2-93, Formerly 17-212.500, Amended 11-23-94, 1-1-96, 3-13-96, 2-2-06.

Fla. Admin. Code R. 62-212.510 Lowest Achievable Emission Rate (LAER)

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-23-94, Formerly 17-2.640, 17-212.510, Amended 1-1-96, Repealed 3-13-96.

Fla. Admin. Code R. 62-212.600 Sulfur Storage and Handling Facilities

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.540, 17-212.600, Amended 11-23-94, 1-1-96, 3-13-96, 8-17-00, Repealed 2-16-12.

Fla. Admin. Code R. 62-212.700 Emissions Unit Reclassification

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-23-94, Formerly 17-2.530, 17-212.700, Repealed 3-13-96.

Fla. Admin. Code R. 62-212.710 Air Emissions Bubble

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.08735 FS. History–New 5-20-97, Repealed 2-16-12.

Fla. Admin. Code R. 62-212.720 Actuals Plantwide Applicability Limits (PALs)

(1) PAL Permits. Any existing facility intending to use any Plantwide Applicability Limit (PAL) shall first obtain a PAL permit issued in accordance with the requirements of this section. For purposes of this rule an existing facility shall mean a facility that contains one or more existing emissions units, as defined at Rule 62-210.200, F.A.C. PAL permits shall be based on “actuals PAL” emissions as that term is described at 40 C.F.R. 52.21(aa)(2), adopted by reference in Rule 62-204.800, F.A.C. PAL permits shall be considered construction permits for purposes of rule Chapters 62-4, 62-210, 62-212, 62-213 and 62-110, F.A.C., but PAL permits shall not authorize any physical change that constitutes a modification under Rule 62-210.200 F.A.C., or any modification or reconstruction under 40 C.F.R. Part 60, 61 or 63, adopted by reference at Rule 62-204.800, F.A.C., to any existing emissions unit, or any addition of any new emissions unit to the facility with the PAL permit. The Department shall authorize such modification or addition through separate normal construction permit processes. If the addition or modification will likely cause an increase in emissions above that authorized in the PAL permit, the Department shall authorize such an increase only through the PAL permit revision requirements of this rule, but the applicant may submit a single application for the construction permit and for any necessary PAL permit revision and, if practicable, the Department shall require a single public notice for both permitting actions. Each PAL shall be pollutant-specific but a single PAL permit may include multiple PALs. All PAL permit applications shall include information regarding all emissions which the facility has the potential to emit, including startup, shut down and malfunction emissions, for each pollutant for which a PAL is sought, and all PAL permits shall include in the limitation(s) all PAL pollutant emissions which the facility has the potential to emit, including emissions from startup, shut down and malfunctions. Fugitive emissions shall be included in the application and in the PAL to the extent quantifiable.

(2) Definitions. The definitions of 40 C.F.R. 52.21(aa)(2), adopted by reference in Rule 62-204.800, F.A.C., shall apply to PAL permitting processes and PAL permits except the “PAL permit” shall mean the permit specified in subsection 62-212.720(1), F.A.C., and except that “significant” and “emissions unit” shall mean “significant emissions rate” and “emissions unit” as defined in Rule 62-210.200, F.A.C. For purposes of this rule, the term “Administrator,” wherever it appears in any provision of 40 C.F.R. 52.21 cited herein, shall mean “Department.”

(3) Application. Application for any PAL permit shall be made on the forms established for permit applications at Rule 62-210.900, F.A.C. In addition to the information required by rule Chapters 62-4 and 62-210, F.A.C., and any other information required by this chapter, all applications for PAL permits shall provide the information described at 40 C.F.R. 52.21 (aa)(3), adopted by reference at Rule 62-204.800, F.A.C.

(4) Permit Processing. The Department shall establish the PAL using the processes described at 40 C.F.R. 52.21 (aa)(4) and (6), adopted by reference at Rule 62-204.800, F.A.C. No PAL permit shall be issued until all processes have been completed and the public participation requirements of 40 C.F.R. 52.21(aa)(5), adopted by reference at Rule 62-204.800, F.A.C., and Rule 62-210.350, F.A.C., have been accomplished. The Department shall also consider all other applicable requirements, as defined at Rule 62-210.200, F.A.C., and the requirements of rule Chapter 62-4, F.A.C., in establishing a PAL.

(5) Permit Content. All PAL permits shall include the provisions described at 40 C.F.R. 52.21(aa)(7), adopted by reference in Rule 62-204.800, F.A.C., in addition to any other permit terms the Department deems necessary to provide reasonable assurances of compliance with Department rule and permit requirements. The excess emissions provisions of subsections 62-210.700(1)-(5), F.A.C., shall not apply to PAL permits, and the permit shall contain a statement specifying that these rule provisions do not apply. Excess emissions are not allowed. The notification requirements of subsection 62-210.700(6), F.A.C., shall still apply. The Department shall also establish monitoring requirements in accordance with 40 CFR 52.21(aa)(12), adopted by reference in Rule 62-204.800, F.A.C., and shall include such monitoring, and the recordkeeping and reporting requirements of 40 C.F.R. 52.21(aa)(13) and (14), adopted by reference in Rule 62-204.800, F.A.C., in the PAL permit.

(6) PAL Permit Revision, Renewal, Expiration. PAL permits shall be issued for a term of ten years. Any revision to any PAL permit shall be accomplished in accordance with the permitting provisions of this rule and the provisions of 40 C.F.R. 52.21(aa)(8), adopted by reference in Rule 62-204.800, F.A.C. All renewals of PAL permits shall be accomplished in accordance with the requirements of this rule and the provisions of 40 C.F.R. 52.21(aa)(11), adopted by reference in Rule 62-204.800, F.A.C. Any PAL permit that is not renewed in strict accordance with the provisions of 40 C.F.R. 52.21(aa)(10), adopted by reference in Rule 62-204.800, F.A.C., shall expire. All expirations of PAL permits shall be governed by the provisions of 40 C.F.R. 52.21(aa)(9), adopted by reference in Rule 62-204.800, F.A.C.

(7) Notwithstanding any other provision of this rule, any emissions unit subject to any emissions limit or other requirement established under any provision of Title 40 of the Code of Federal Regulations, adopted by reference at Rule 62-204.800, F.A.C., or under any applicable requirement as defined at Rule 62-210.200, F.A.C., shall continue to comply with such requirement except that the provisions of paragraph 62-212.400(12)(b), F.A.C., shall not apply to emissions units at a facility with a PAL permit.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-2-06, Amended 7-16-07, 10-6-08.

Chapter 62-213 OPERATION PERMITS FOR MAJOR SOURCES OF AIR POLLUTION

Fla. Admin. Code R. 62-213.100 Purpose and Scope

History

• Rulemaking Authority 403.061, 403.0872 FS. Law Implemented 403.061, 403.0872 FS. History–New 11-28-93, Formerly 17-213.010, Amended 3-13-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-213.200 Definitions

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.031, 403.087, 403.0872, 403.0873 FS. History–New 12-21-92, Amended 11-28-93, Formerly 17-213.100, Amended 11-23-94, 1-3-95, 4-18-95, 1-1-96, Repealed 3-13-96.

Fla. Admin. Code R. 62-213.202 Responsible Official

(1) Each Title V source must identify a responsible official on each application for Title V permit, permit revision, and permit renewal. For Title V sources with only one responsible official, the permit application form may be used to designate the responsible official. However, when a change in responsible official is needed other than at the time of permit application, a Title V Source with only one responsible official shall submit the Responsible Office Notification (DEP Form No. 62-213.202), herein adopted and incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-12776), effective April, 2021, to change the responsible official.

(2) Each Title V source may designate more than one responsible official, provided a primary responsible official is designated on the Responsible Office Notification (DEP Form No. 62-213.202), herein adopted and incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-12776), effective April, 2021, as responsible for the certifications of all other designated responsible officials. Any action taken by the primary responsible official shall take precedence over any action taken by any other designated responsible official.

(3) Any facility initially designating more than one responsible official or changing the list of responsible officials must submit to the permitting authority a Responsible Official Notification (DEP Form No. 62-213.202), herein adopted and incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-12776), effective April, 2021, designating all responsible officials for a Title V source, stating which responsible official is the primary responsible official, and providing an effective date for any changes to the list of responsible officials and reason(s) for any replacements. Any previously-designated responsible official that is not included in the most recently submitted form will no longer be considered by the permitting authority or compliance authority to be a responsible official.

(4) Each individual listed on the Responsible Official Notification (DEP Form No. 62-213.202), herein adopted and incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-12776), effective April, 2021, must meet at least one of the responsible official qualifications listed on the form. The qualifications are based on the definition of “Responsible Official” given at Rule 62-210.200, F.A.C.

(5) No person shall take any action as a responsible official at a Title V source unless designated a responsible official as required by this rule.

(6) The completed Responsible Official Notification (DEP Form No. 62-213.202), herein adopted and incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-12776), effective April, 2021, may be submitted electronically, but must be submitted to the department’s district office or contracted local program office that is the identified permitting authority for the Title V source.

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.061, 403.0872 FS. History–New 6-2-02, Amended 6-29-11, 4-8-21.

Fla. Admin. Code R. 62-213.205 Annual Emissions Fee

(1) Emissions Fee Calculation and Payment. Each Title V source permitted to operate in this state must pay between January 15 and April 1 of each year, upon written notice as provided in the Title V permit, an annual emissions fee in an amount determined as set forth in subsection 62-213.205(1), F.A.C. Each Title V source must calculate the annual fee, based upon the source’s previous year’s emissions, by multiplying the applicable annual emissions fee factor times the tons of each regulated air pollutant actually emitted, as calculated in accordance with the department’s emissions computation and reporting rules. The annual fee shall only apply to those regulated pollutants, except carbon monoxide and greenhouse gases, for which an allowable numeric emission-limiting standard is specified in the source’s most recent construction permit or operation permit. The emissions fee factor is $30.00. Provided, however, that:

(a) The amount of each regulated air pollutant in excess of 4,000 tons per year allowed to be emitted, in total, by any Title V source will not be included in the calculation of the fee.

(b) If the Department has not received the fee by March 1 of the year following the calendar year for which the fee is calculated, the Department will send the primary responsible official of the Title V source a written warning of the consequences for failing to pay the fee by April 1. If the fee is not postmarked or electronically submitted by April 1 of the year due, the Department shall impose, in addition to the fee, a penalty of 50 percent of the amount of the fee unpaid plus interest on such amount computed in accordance with Section 220.807, F.S. If the Department determines that a submitted fee was inaccurately calculated, the Department shall either refund to the permittee any amount overpaid or notify the permittee of any amount underpaid. The Department shall not impose a penalty or interest on any amount underpaid, provided that the permittee has timely remitted payment of at least 90 percent of the amount determined to be due and remits full payment within 60 days after receipt of notice of the amount underpaid. The Department shall waive the collection of underpayment and shall not refund overpayment of the fee, if the amount is less than one percent of the fee due, up to $50.00. The Department shall make every effort to provide a timely assessment of the adequacy of the submitted fee. Failure to pay timely any required annual emissions fee, penalty, or interest constitutes grounds for permit revocation pursuant to Rule 62-4.100, F.A.C.

(c) Notwithstanding any other provisions of this rule, the annual emissions fee for any Title V source shall not be less than $250.00.

(d) Any documentation of actual hours of operation, actual material or heat input, actual production amount, or actual emissions used to calculate the annual emissions fee shall be retained by the owner for a minimum of five years and shall be made available to the Department upon request.

(2) Permit Fees Waived. No permit application processing fee, renewal fee, modification fee or amendment fee is required for an operation permit for a Title V source.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History–New 12-21-92, Amended 11-25-93, Formerly 17-213.200, Amended 11-23-94, 1-1-96, 3-13-96, 6-25-96, 2-11-99, 1-3-01, 4-16-01, 6-2-02, 1-9-08, 3-16-08, 3-11-10, 4-1-13, 12-31-13, 1-28-25.

Fla. Admin. Code R. 62-213.210 Permit Application Processing Fee

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History–New 12-21-92, Amended 11-25-93, Formerly 17-213.210, Repealed 1-1-96.

Fla. Admin. Code R. 62-213.220 Florida Air-Operation License Fee Account

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.0872, 403.0873 FS. History–New 12-21-92, Amended 11-25-93, Formerly 17-213.220, Amended 11-23-94, Repealed 1-1-96.

Fla. Admin. Code R. 62-213.300 Title V Air General Permits

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872, 403.814 FS. History–New 3-13-96, Amended 6-25-96, 10-7-96, 7-7-97, 11-13-97, 2-24-99, 1-3-01, 4-16-01, 4-14-03, 6-29-11, Repealed 1-28-25.

Fla. Admin. Code R. 62-213.400 Permits and Permit Revisions Required

(1) No Title V source may operate except in compliance with this chapter.

(2) Except as provided in Rule 62-213.410, F.A.C., no source with a permit issued under the provisions of this chapter shall make any changes in its operation without first applying for and receiving a permit revision if the change meets any of the following:

(a) Constitutes a modification;

(b) Violates any applicable requirement;

(c) Exceeds the allowable emissions of any air pollutant from any unit within the source;

(d) Contravenes any permit term or condition for monitoring, testing, recordkeeping, reporting or of a compliance certification requirement;

(e) Requires a case-by-case determination of an emission limitation or other standard or a source specific determination of ambient impacts, or a visibility or increment analysis under the provisions of Chapter 62-212 or 62-296, F.A.C.;

(f) Violates a permit term or condition which the source has assumed for which there is no corresponding underlying applicable requirement to which the source would otherwise be subject;

(g) Results in the change of location of any relocatable facility identified as a Title V source pursuant to paragraph (a)-(e), (g) or (h), of the definition of “major source of air pollution” at Rule 62-210.200, F.A.C.

(h) Constitutes a change at an Acid Rain Source under the provisions of 40 C.F.R. 72.81(a)(1), (2) or (3), (b)(1) or (b)(3), adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(i) Constitutes a change in a repowering plan, nitrogen oxides averaging plan, or nitrogen oxides compliance deadline extension at an Acid Rain Source.

(3) A Title V source may amend its Title V permit through an administrative permit amendment, pursuant to Rule 62-210.360, F.A.C.

(4) A Title V source that has submitted a timely Title V renewal permit application pursuant to Rule 62-213.420, F.A.C., may continue to operate in compliance with its existing air permit while the Department is processing the Title V source’s renewal permit application under Rule 62-213.400, F.A.C., consistent with 40 C.F.R. 70.7(b), adopted and incorporated by reference in Rule 62-204.800, F.A.C., provided that the applicant timely responds to any requests for additional information.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History–New 11-28-93, Amended 4-17-94, Formerly 17-213.400, Amended 11-23-94, 1-3-95, 4-18-95, 3-13-96, 2-11-99, 1-3-01, 6-2-02, 3-16-08, 1-28-25.

Fla. Admin. Code R. 62-213.405 Concurrent Processing of Permit Applications

(1) If requested by the applicant, the Department shall concurrently process the applications for air construction permit and Title V permit revision or permit renewal, provided:

(a) The application for air construction permit complies with the requirements of subsections 62-213.420(3) and (4), F.A.C.;

(b) The application for air construction permit is subject to federally enforceable preconstruction review pursuant to Chapter 62-212, F.A.C.; and,

(c) A source’s responsible official waives the processing time requirements for the air construction permit to accommodate the processing time frames of the Title V permit, and the Department complies with all requirements of subsection 62-213.430(1), F.A.C., prior to taking final action on the applications for air construction permit and Title V permit revision or permit renewal.

(2) The applicant may use the same application form and set of any required copies (DEP Form No. 62-210.900(1)) for both the air construction and air operation permits.

(3) The Department will create a single public notice for both the air construction and air operation permits.

(4) The Department will issue separate air construction and air operation permits.

(5) The Title V air operation permit must contain a compliance plan in accordance with the provisions of subsection 62-213.440(2), F.A.C., for each emissions unit covered by the air construction permit, reflecting the terms of the construction permit.

(6) If concurrent application processing is not requested, nothing precludes the Department from combining the public notice for air construction and revision or renewal of air operation permits and acting on the air construction permit and air operation permit separately, at applicant request, provided the processing time frames accommodate concurrent notice or the applicant waives the processing time requirements to accommodate concurrent notice.

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.061, 403.0872 FS. History–New 6-2-02.

Fla. Admin. Code R. 62-213.410 Changes Without Permit Revisions

Title V sources having a valid permit issued pursuant to this chapter may make the following changes without permit revision, provided that sources shall maintain source logs or records to verify periods of operation:

(1) Title V sources having a valid permit issued pursuant to this chapter may change among authorized alternative methods of operation without permit revision, provided that sources maintain source logs or records to verify periods of operation under each authorized alternative method.

(2) A permitted source may implement changes at the source that contravene an express permit term or condition pursuant to the definition of Section 502(b)(10) changes, as defined in 40 CFR Part 70.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C., if the changes are not physical changes in, or changes in the method of operation of, the facility which increase the amount of any air pollutant emitted by the facility or which result in the emission of any air pollutant not previously emitted by the facility, and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions). The source must submit any forms required by any applicable requirement and provide the Department and EPA with at least 7 days written notice prior to implementation. The source and the Department shall attach each notice to the relevant permit:

(a) The written notice shall include the date on which the change will occur, and a description of the change within the permitted source, the pollutants emitted and any change in emissions, and any term or condition becoming applicable or no longer applicable as a result of the change;

(b) The permit shield described in Rule 62-213.460, F.A.C., shall not apply to such changes;

(3) A permitted source may implement changes at the source that are not addressed within or prohibited by the permit without a permit revision provided:

(a) Each such change shall meet all applicable requirements and shall not violate any existing permit term or condition.

(b) The changes are not physical changes in, or changes in the method of operation of, the facility which increase the amount of any air pollutant emitted by the facility or which result in the emission of any air pollutant not previously emitted by the facility, and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions).

(c) The source provides the Department with at least 7 days written notice prior to implementation of any such change. Such prior written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirement that would apply as a result of the change.

(d) The permittee keeps a record describing changes made at the source that result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes.

(4) Changes made pursuant to subsections 62-213.410(2) and (3), F.A.C., do not qualify for the permit shield under Rule 62-213.460, F.A.C.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History–New 11-28-93, Formerly 17-213.410, Amended 11-23-94, 4-16-01, 6-2-02, 1-28-25.

Fla. Admin. Code R. 62-213.412 Immediate Implementation Pending Revision Process

(1) Those permitted Title V sources making any change that constitutes a modification pursuant to the definition of modification at Rule 62-210.200, F.A.C., but which would not constitute a modification pursuant to 42 U.S.C. 7412(a) or to 40 C.F.R. 52.01, 60.2, or 61.15, adopted and incorporated by reference at Rule 62-204.800, F.A.C., may implement such change prior to final issuance of a Title V permit revision, provided the change:

(a) Does not violate any applicable requirement;

(b) Does not contravene any permit term or condition for monitoring, testing, recordkeeping or reporting, or any compliance certification requirement;

(c) Does not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination of ambient impacts, or a visibility or increment analysis under the provisions of Chapter 62-212 or 62-296, F.A.C.;

(d) Does not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and which the source has assumed to avoid an applicable requirement to which the source would otherwise be subject including any federally enforceable emissions cap or federally enforceable alternative emissions limit.

(2) A Title V source may immediately implement such changes after they have been incorporated into the terms and conditions of a new or revised construction permit issued pursuant to Chapter 62-212, F.A.C., and after the source provides to EPA, the Department, each affected state and any approved local air program having geographic jurisdiction over the source, a copy of the source’s application for operation permit revision. The Title V source may conform its application for construction permit to include all information required by Rule 62-213.420, F.A.C., in lieu of submitting separate application forms.

(3) The Department shall issue a draft permit revision or a determination to deny the revision within 60 days of receipt of a complete application for operation permit revision or, if the Title V source has submitted a construction permit application conforming to the requirements of Rule 62-213.420, F.A.C., the Department shall issue a draft permit or a determination to deny the revision at the same time the Department issues its determination on issuance or denial of the construction permit application.

(4) Pending final action on the operation permit revision application, the source shall implement the changes in accordance with the terms and conditions of the source’s new or revised construction permit. If any terms and conditions of the new or revised construction permit have not been complied with prior to issuance of the draft operation permit revision, the operation permit shall include a compliance plan in accordance with the provisions of subsection 62-213.440(2), F.A.C.

(5) The permit shield described in Rule 62-213.460, F.A.C., shall not apply to such changes until after the Department takes final action to issue the operation permit revision.

(6) If the Department denies the source’s application for operation permit revision, the source shall cease implementation of the proposed changes.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History–New 11-28-93, Amended 4-17-94, Formerly 17-213.412, Amended 11-23-94, 1-1-96, 3-13-96, 2-11-99, 6-2-02, 1-28-25.

Fla. Admin. Code R. 62-213.413 Fast-Track Revisions of Acid Rain Parts

(1) The designated representative of any Acid Rain Source making a change described at subsection 62-214.370(4), F.A.C., shall make application for permit revision to the Department using DEP Form No. 62-210.900(1)(a);

(2) Within five (5) business days after submittal of the application to the Department, the designated representative shall provide a copy of the application to EPA, any affected state, any approved local air program having geographical jurisdiction and any person who has requested a copy;

(3) Within five (5) business days after serving the copy of the application upon EPA, the designated representative shall publish notice of the application. The notice shall require that comments be submitted in writing within 30 days of publication and shall identify the designated representative and the Department as parties to receive comment. The notice shall also contain the following statement:

“The Department shall take action on the application for permit revision within 40 days after publication of this notice. Any person desiring actual notice of the proposed agency action may request such notice pursuant to Section 120.60, F.S.”;

(4) The Department shall issue a draft permit revision or an intent to deny within forty (40) days after publication of the notice described at subsection 62-213.413(3), F.A.C. If the Department has received a request for actual notice of the agency action, the Department shall issue a proposed permit revision or denial only after the Department has provided all persons making such request with actual notice, and has provided opportunity for petition for administrative hearing;

(5) If the Department has received no petition for administrative hearing, the Department shall issue a proposed permit revision within 60 days after the publication of the notice described at subsection 62-213.413(3), F.A.C. The Department shall take final action to issue or deny the proposed permit revision immediately after complying with subsection 62-213.430(1), F.A.C.

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.087, 403.0872, 403.0873 FS. History–New 1-3-95, Amended 7-6-95, 6-2-02, 1-28-25.

Fla. Admin. Code R. 62-213.415 Trading of Emissions Within a Source

(1) The Department shall allow trading of emissions increases and decreases among emissions units in a Title V source permitted pursuant to this chapter. This trading of emissions shall be permitted solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements.

(2) No permit revision shall be required provided the permitted source complies with the notice and recordkeeping provisions of this section and provided the permitted source had submitted with its last Title V permit application:

(a) A listing of all emission units which will be subject to trading of emissions;

(b) A description of each mode of operation that will be used at any given time and all of the necessary permit application data required by Rule 62-213.420, and subsection 62-210.900(1), F.A.C., to evaluate the application in each mode of operation;

(c) A plan for quantifying emissions trading increases and decreases of each regulated air pollutant for each unit and for demonstrating the continuous compliance in each mode of operation. The following procedures apply to pollutants which are subject to the federally enforceable emissions cap described in subsection 62-213.415(1), F.A.C.:

1. For a source with sulfur dioxide generated by the fuel, the source shall quantify increases or decreases of sulfur dioxide or nitrogen oxides emissions by the use of continuous emissions monitors which have been installed, performance tested, calibrated, operated and maintained as specified in paragraph 62-213.205(1)(e), F.A.C. The source shall determine stack gas volumetric flow rates using flowmeters with recorders, if available at the source, or the average gas flow rates from the three most recent stack tests conducted in accordance with the requirements of Rule 62-297.310, F.A.C., at an operation rate of 90 to 100 percent of the maximum operating level approved for the unit in its mode of operation. If three such tests have not been conducted, the source shall determine flow rates from the two latest such tests, if available, or by a single such test;

2. For sulfur dioxide generated from non-fuel sources, the Department shall approve alternative methods of determining actual SO2 emissions on a case-by-case basis, if requested by the permittee, provided all of the sulfur used in the process is quantified and analyzed for sulfur content using methods approved in Chapter 62-297, F.A.C., on an as delivered basis, records are maintained to document the quantity and sulfur content of the sulfur containing material, and the method assumes that all of the sulfur is converted to SO2 and released to the atmosphere;

3. For pollutants other than sulfur dioxide and nitrogen oxides the Department shall not approve the trading of emissions unless the source demonstrates the capability of quantifying emissions and verifying that emissions do not exceed permitted allowable emissions for each unit involved;

4. The Department shall accept inventory balance, as described in paragraph 62-213.205(1)(e), F.A.C., as a means of quantification of volatile organic compounds if no credit is taken for any incineration that takes place.

(d) Replicable procedures to demonstrate compliance with any trading provisions requested and with applicable requirements for each mode of operation. As a minimum, the source shall maintain source logs or records to verify the periods of operation within each mode of operation.

(3) The source shall provide written notice to the Department and EPA at least thirty days before implementation of each mode of operation. The notice shall identify the mode of operation, and the date upon which the change will occur.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History–New 11-28-93, Amended 4-17-94, Formerly 17-213.415, Amended 11-23-94, 3-13-96, 4-16-01.

Fla. Admin. Code R. 62-213.420 Permit Applications

(1) Duty to Apply. For each Title V source, the owner or operator shall submit a timely and complete permit application in compliance with the requirements of this section and Rule 62-4.050, F.A.C.

(a) Timely Application.

1. A facility that commences operation as a Title V source or that otherwise becomes subject to the permitting requirements of Chapter 62-213, F.A.C., must file an application for an operation permit under this chapter at least ninety days before expiration of the source’s air construction permit, but no later than 180 days after commencing operation as a Title V source, unless a different application due date is provided at Rule 62-204.800, F.A.C., or an earlier date is provided in the air construction permit. A source that applied for an Electrical Power Plant Siting Certification prior to October 26, 1995, but was not issued the certification as of that date, or a source that was issued an Electrical Power Plant Siting Certification prior to October 26, 1995, but did not commence operation by that date, shall file an application for an operation permit under this chapter no later than 180 days after commencing operation.

2. For purposes of permit renewal, a timely application is one that is submitted 225 days before the expiration of a permit.

3. A Title V source which contains an emissions unit that commences operation or is modified shall submit an application for a permit revision, or a supplement to a pending application, at least ninety days prior to expiration of the unit’s air construction permit, but no later than 180 days after the emissions unit commences operation or commences operation as modified. Any source that contains an emissions unit that has not commenced operation or which has not demonstrated initial compliance with all applicable requirements by the time that the source submits its application for a Title V permit, permit revision, or permit renewal may include such emissions unit in the application, provided the source submits a compliance schedule and methodology, in accordance with paragraph 62-213.420(3)(l), F.A.C.

(b) Complete Application.

1. Any applicant for a Title V permit, permit revision or permit renewal must submit an application on DEP form number 62-210.900(1), which must include all the information specified by subsection 62-213.420(3), F.A.C., except that an application for permit revision must contain only that information related to the proposed change(s) from the currently effective Title V permit and any other requirements that become applicable at the time of application. The applicant shall include information concerning fugitive emissions and stack emissions in the application. Each application for permit, permit revision or permit renewal shall be certified by a responsible official in accordance with subsection 62-213.420(4), F.A.C.

2. The application shall be deemed complete sixty days after receipt, unless the Department, within sixty days after receipt of a certified application for permit, permit revision or permit renewal, requests additional documentation or information needed to process the application. Failure of the Department to request additional information within sixty days of receipt of a properly signed application shall not impair the Department’s ability to request additional information pursuant to subparagraph 62-213.420(1)(b)3., F.A.C.

3. Should the Department become aware, during processing of any application that the application contains incorrect information, or should the Department become aware, as a result of comment from an affected State, an approved local air program, EPA, or the public that additional information is needed to evaluate the application, the Department shall notify the applicant within 30 days. When an applicant becomes aware that an application contains incorrect or incomplete information, the applicant shall submit the corrected or supplementary information to the Department, and the Department’s completeness review clock shall be restarted upon the Department’s receipt of the information. If the Department notifies an applicant that corrected or supplementary information is necessary to process the permit application, and requests a response, the applicant shall provide the information to the Department within ninety days of the Department request unless the applicant has requested and been granted additional time to submit the information or, the applicant shall, within ninety days, submit a written request that the Department process the application without the information. Failure of an applicant to submit corrected or supplementary information requested by the Department within ninety days, or such additional time as requested and granted, or to demand in writing within ninety days that the application be processed without the information shall render the application incomplete. Nothing in this section shall limit any other remedies available to the Department.

4. All Department requests for additional information shall conform to the requirements of subsections 62-4.055(2), (3) and (4), F.A.C.

5. The Department shall grant requests for additional time to submit supplemental or corrected information as follows:

a. Each source requesting additional time must make a written request prior to the due date for receipt of the information and must specify the number of additional days requested,

b. The Department shall grant up to sixty additional days to any source operating in compliance with the terms and conditions of the source’s existing valid permit without the need to show cause,

c. The Department shall grant additional time beyond sixty days or to sources not operating in compliance with existing valid permits only after the source demonstrates good cause. Good cause shall mean any unforeseen situation outside the control of the source such as labor strikes, acts of war, extraordinary or sudden and unexpected acts of nature or accidents beyond the control of the source. If the Department has required, in the request for additional or corrected information, that the source undertake specific testing or investigation, good cause shall also include the requirement to complete any required tests or investigation that cannot be completed within 150 days, so long as the source specifies the expected date of completion in its demonstration of good cause and so long as the estimated time requested is for the work required.

(2) Confidential Information. Whenever an applicant submits information under a claim of confidentiality pursuant to Section 403.111, F.S., the applicant shall also submit a copy of all such information and claim directly to EPA.

(3) Standard Application Form and Required Information. Applications shall be submitted under this chapter on forms provided by the Department and adopted by reference in subsection 62-210.900(1), F.A.C. The information as described on the forms in subsection 62-210.900(1), F.A.C., shall be included for the Title V source and each emissions unit. An application must include information sufficient to determine all applicable requirements for the Title V source and each emissions unit and to evaluate a fee amount pursuant to Rule 62-213.205, F.A.C. The application shall specifically include the following information, as detailed in the application form (DEP form number 62-210.900(1)); provided, however, that the information required by paragraphs (g) through (m), below, shall not be required for any emissions unit which is not subject to any unit-specific applicable requirements, except as needed to determine that no applicable requirements exist:

(a) Identifying information;

(b) Description of source’s processes and products;

(c) Information, as set forth in this subsection and in the application form number 62-210.900(1), on the emissions of all regulated pollutants which the applicant knows or has reason to believe are being emitted from a source in amounts as set forth in subparagraphs 62-213.420(3)(c)1. through 6., F.A.C. The applicant shall report pollutants for each emissions unit and for source-wide emissions such as fugitive emissions. When pollutants must be quantified, for those pollutants for which no standard test method or published emissions factor is available to the applicant, the applicant shall estimate the emissions and include the basis for the estimate with the emissions information. For purposes of this subsection, regulated pollutant means any pollutant to which an emissions limitation applies in accordance with subparagraph 62-213.420(3)(c)2., F.A.C.; any hazardous air pollutant; and any other regulated air pollutant as specified in Rule 62-210.200, F.A.C., except any pollutant that is regulated solely under 42 U.S.C. s.7412(r). Except as provided in Chapter 62-297, F.A.C., for submittal of compliance test data, nothing in this section shall be construed to require testing of actual emissions for determining estimated or potential emissions for a permit application. All applicants shall report regulated pollutants as set forth in subparagraphs 62-213.420(3)(c)1. through 6., F.A.C.

1. Each Title V source shall identify each regulated pollutant which the applicant knows or has reason to believe the facility emits or has the potential to emit in a major amount. Major source thresholds are as follows:

a. 100 tons per year for carbon monoxide, nitrogen oxides, particulate matter, sulfur dioxide, and volatile organic compounds,

b. 5 tons per year for lead and lead compounds expressed as lead,

c. 10 tons per year for any hazardous air pollutant,

d. 25 tons per year for total hazardous air pollutants; and,

e. 100 tons per year for any other regulated pollutant.

2. Those Title V sources which are subject to a numerical emissions limitation under any applicable requirement, or for which a numerical emissions limitation is included in the source’s most recent operation permit, shall report and quantify, for each emissions unit subject to the emissions limitation, all emissions of any pollutant to which the limitation applies. The provisions of this rule, subparagraph 62-213.420(3)(c)2., F.A.C., shall not apply to the reporting of radionuclides emissions or asbestos emissions resulting from asbestos removal.

3. Each Title V source that emits or has the potential to emit any pollutant described in paragraphs (a) and (c), of the definition of regulated air pollutant in Rule 62-210.200, F.A.C., shall identify, for each emissions unit, each such pollutant which the applicant knows or has reason to believe would be emitted in an amount equal to or greater than:

a. 5.0 tons per year for carbon monoxide, nitrogen oxides, particulate matter, sulfur dioxide, and volatile organic compounds, or

b. 500 pounds per year for lead and lead compounds expressed as lead.

4. Each Title V source that emits or has the potential to emit any hazardous air pollutant or total hazardous air pollutants in a major amount as set forth in subparagraph 62-213.420(3)(c)1., F.A.C., or in an amount that would be a major amount but for a limitation on emissions being requested for the first time by the applicant, shall identify, for each emissions unit, each such pollutant which the applicant knows or has reason to believe would be emitted in an amount equal to or greater than:

a. 1,000 pounds per year for each individual hazardous air pollutant, or

b. 2,500 pound per year for total hazardous air pollutants.

5. Title V sources which are also subject to the Federal Acid Rain Program shall report all emissions of sulfur dioxide and nitrogen oxides from any affected acid rain unit in accordance with this subsection or the reporting requirements of the Federal Acid Rain Program, whichever are more stringent.

6. Each Title V source that emits or has the potential to emit ammonia in an amount greater than 250 tons per year shall identify each emissions unit that emits or has the potential to emit ammonia in an amount equal to or greater than 12.5 tons per year.

(d) Process and operating information;

(e) Control equipment information;

(f) If requested by the Department, information concerning operations and methodology for the development of periodic monitoring in accordance with subsection 62-213.440(4), F.A.C. Such request must be made within 60 days of the date the application was submitted, except as required by subparagraph 62-213.420(1)(b)3., F.A.C.;

(g) Calculations;

(h) Identification of all applicable requirements and test methods;

(i) Limitations on source operations affecting emissions;

(j) Proposed alternate methods of operation;

(k) Compliance statement;

(l) Compliance schedule and methodology, if applicable;

(m) Reporting and recordkeeping requirements;

(n) A list of emissions units or activities for which a determination of insignificance is requested pursuant to subsection 62-213.430(6), F.A.C., because of size or production rate and any information needed to demonstrate that the units or activities qualify as insignificant under the provisions of subsection 62-213.430(6), F.A.C.

(4) Certification by Responsible Official. In addition to the professional engineering certification required for applications by subsection 62-4.050(3), F.A.C., any application form, report, compliance statement, compliance plan and compliance schedule submitted pursuant to this chapter shall contain a certification signed by a responsible official that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. Any responsible official who fails to submit any required information or who has submitted incorrect information shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary information or corrected information.

(5) Acid Rain Part. For those facilities subject to the Federal Acid Rain Program, any applicant that wishes separate processing of the Acid Rain Part of a Title V permit shall request this by application. In such case, the Department shall process separate permit parts for the Acid Rain Part and for the remaining Title V requirements, provided that the expiration dates of both permit parts coincide for the duration of operation of the facility. The Department shall adjust the expiration date of the permit parts to assure that the dates coincide, but in no case shall either permit part duration exceed five years, per the provisions of paragraph 62-213.440(1)(a), F.A.C. There shall be only one Acid Rain Part for each facility. Each such permit part shall be processed as a Title V permit for purposes and requirements of this chapter.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.061, 403.0872 FS. History–New 11-28-93, Amended 4-17-94, Formerly 17-213.420, Amended 11-23-94, 4-2-95, 10-11-95, 3-13-96, 3-20-96, 6-25-96, 10-7-96, 11-13-97, 2-11-99, 7-15-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08, 3-11-10, 4-8-21, 1-28-25.

Fla. Admin. Code R. 62-213.430 Permit Issuance, Renewal, and Revision

(1) Action on Application. The Department shall issue a draft permit or a determination that the requested permit be denied within 90 days after receipt of the latest of: the application; the last item of information requested pursuant to paragraph 62-213.420(1)(b), F.A.C.; or, a written request to process the application without the requested information. If written comments received during the 30-day comment period result in a substantial change in this draft permit, the Department shall issue a revised draft permit within 45 days after the end of the 30-day public comment period, unless a different time period is agreed to between the applicant and the Department. A substantial change in a draft permit has the same meaning as “substantially modified” under subparagraph 62-110.106(7)(a)4., F.A.C. The Department shall issue a permit, permit revision or renewal only after all of the following conditions have been met:

(a) The applicant has submitted a complete application, properly certified by a responsible official as required by subsection 62-213.420(4), F.A.C., and either all corrected and supplemental information requested or a written request to process the application without such information pursuant to subparagraph 62-213.420(1)(b)3., F.A.C.;

(b) The Department and the applicant have complied with the requirements for notice and public participation described in Rule 62-210.350, F.A.C.;

(c) The Department has complied with the requirements for notifying and responding to affected states and approved local air programs pursuant to subsections 62-213.450(2) and (3), F.A.C.;

(d) The Department has provided EPA with a copy of the draft permit, proposed permit and any notices required under subsections 62-213.450(1) and (2), F.A.C., and has not received written EPA objection to issuance of the permit within the time period specified in subsection 62-213.450(4), F.A.C. If the Department receives timely EPA objection, the Department shall not take final action until the Department receives written notice that the objection is resolved or withdrawn;

(e) The Department has provided a statement to EPA setting forth the basis for the draft permit conditions, including references to the applicable statutory or regulatory provisions.

(2) Permit Denial. If the Department proposes to deny the permit application, the Department shall provide the applicant an explanation of the denial in accordance with subsection 62-4.070(6), F.A.C.

(3) Permit Renewal and Expiration. Permits being renewed are subject to the same requirements that apply to permit issuance at the time of application for renewal. Permit renewal applications shall contain that information identified in subsections 62-210.900(1), 62-213.420(3), 62-213.420(6), and 62-213.420(7), F.A.C. Unless a Title V source submits a timely and complete application for permit renewal in accordance with the requirements of this rule, the existing permit shall expire and the source’s right to operate shall terminate. No Title V permit will be issued for a new term except through the renewal process.

(4) Permit Revision Procedures. Permit revisions shall meet all requirements of this chapter, including those for content of applications, public participation, review by approved local air programs and affected States, and review by EPA, as they apply to permit issuance and permit renewal, except that permit revisions for those activities implemented pursuant to Rule 62-213.412, F.A.C., need not meet the requirements of paragraph 62-213.430(1)(b), F.A.C. The Department shall require permit revision in accordance with the provisions of Rule 62-4.080, F.A.C., and 40 C.F.R. 70.7(f), adopted and incorporated by reference in Rule 62-204.800, F.A.C., whenever any source becomes subject to any condition listed at 40 C.F.R. 70.7(f)(1), adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(5) EPA Recommended Actions. Within 90 days after receipt of notification from EPA that cause exists to modify, suspend, or revoke a permit, the Department shall investigate and determine whether cause exists pursuant to 40 C.F.R. 70.7(f)(1), adopted and incorporated by reference in Rule 62-204.800, F.A.C, and shall forward the determination to EPA. If cause exists, the Department shall proceed according to the requirements of Rules 62-4.080 or 62-4.100, F.A.C., and 40 C.F.R. 70.7(f) to modify, suspend, or revoke the permit.

(6) Insignificant Emissions Units or Pollutant-Emitting Activities.

(a) All requests for determination of insignificant emissions units or activities made pursuant to paragraph 62-213.420(3)(n), F.A.C., shall be processed in conjunction with the permit, permit renewal or permit revision application submitted pursuant to this chapter. Insignificant emissions units or activities shall be approved by the Department consistent with the provisions of paragraph 62-4.040(1)(b), F.A.C. Emissions units or activities which are added to a Title V source after issuance of a permit under this chapter shall be incorporated into the permit at its next renewal, provided such emissions units or activities have been exempted from the requirement to obtain an air construction permit and also qualify as insignificant pursuant to this rule.

(b) An emissions unit or activity shall be considered insignificant if all of the following criteria are met:

1. Such unit or activity would be subject to no unit-specific applicable requirement.

2. Such unit or activity, in combination with other units and activities proposed as insignificant, would not cause the facility to exceed any major source threshold(s) as defined in subparagraph 62-213.420(3)(c)1., F.A.C., unless it is acknowledged in the permit application that such units or activities would cause the facility to exceed such threshold(s).

3. Such unit or activity would neither emit nor have the potential to emit:

a. 500 pounds per year or more of lead and lead compounds expressed as lead,

b. 1,000 pounds per year or more of any hazardous air pollutant,

c. 2,500 pounds per year or more of total hazardous air pollutants, or

d. 5.0 tons per year or more of any other regulated pollutant.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History–New 11-28-93, Formerly 17-213.430, Amended 11-23-94, 3-20-96, 11-13-97, 2-11-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08, 1-28-25.

Fla. Admin. Code R. 62-213.440 Permit Content

(1) Standard Permit Requirements. Each permit issued under this chapter shall incorporate all applicable requirements for the Title V source and for each method of operation proposed by the applicant and approved by the Department. Each such permit shall include all emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements, with citation to the Department’s rule authority for each term or condition, and identification of any difference in form from the applicable requirement upon which the term or condition is based. However, when there are multiple, redundant, or conflicting applicable requirements, these provisions can be reduced to a single streamlined term or condition that is the most stringent of the multiple applicable requirements. In addition, the Department shall label permit terms or conditions “not federally enforceable” consistent with 40 C.F.R. 70.6(b)(2), adopted and incorporated by reference at Rule 62-204.800, F.A.C. Emissions units or pollutant-emitting activities within a Title V source determined to be insignificant pursuant to subsection 62-213.430(6), F.A.C., shall be identified. Whenever any condition or requirement of a Title V permit is added, changed, or deleted during the term of the permit, any such previous condition shall be documented with the permit for the duration of the term and any such new or changed condition shall include a condition effective date.

(a) Permit Duration. Permits for sources subject to the Federal Acid Rain Program shall be issued for terms of five years, provided that the initial Acid Rain Part may be issued for a term less than five years where necessary to coordinate the term of such part with the term of a Title V permit to be issued to the source. Operation permits for Title V sources may not be extended as provided in subsection 62-4.080(3), F.A.C., if such extension will result in a permit term greater than five years.

(b) Monitoring and Related Recordkeeping and Reporting Requirements.

1. Each permit shall specify the following requirements with respect to monitoring:

a. Emissions monitoring and analysis procedures or test methods specified by applicable requirements including 40 C.F.R. 64, Compliance Assurance Monitoring, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

b. Periodic monitoring sufficient to yield reliable data from the relevant time period and that are representative of the source’s compliance with the permit, as required by 40 C.F.R. 70.6(a)(3)(i)(B), adopted and incorporated by reference at Rule 62-204.800, F.A.C. Periodic monitoring shall assure use of recordkeeping terms, test methods, units, averaging periods, or other statistical conventions consistent with the applicable requirement, as specified in subsection 62-213.440(4), F.A.C.; and,

c. Requirements concerning the use, maintenance, and installation of monitoring equipment or methods.

2. The permit shall incorporate all applicable recordkeeping requirements including:

a. Records of monitoring information that specify the date, place, and time of sampling or measurement and the operating conditions at the time of sampling or measurement, the date(s) analyses were performed, the company or entity that performed the analyses, the analytical techniques or methods used, and the results of such analyses,

b. Retention of records of all monitoring data and support information for a period of at least 5 years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.

3. Each permit shall incorporate reporting requirements as follows:

a. The permittee shall monitor compliance with the terms and conditions of this permit and shall submit reports at least every 6 months. Each semi-annual report shall cover the 6-month periods of January 1 – June 30 and July 1 – December 31. The reports shall be submitted by the 60th day following the end of each calendar half (i.e., March 1st and August 29th of every year). All instances of deviations from permit requirements (including conditions in the referenced Appendices) must be clearly identified in such reports. If there are no deviations during the reporting period, the report shall indicate no deviation.

b. Reporting, in accordance with requirements of subsection 62-210.700(5), and Rule 62-4.130, F.A.C., of deviations from permit requirements, including those attributable to upset conditions as defined in the permit. Reports shall include the probable cause of such deviations, and any corrective actions or preventive measures taken.

c. All reports shall be accompanied by a certification by a responsible official, pursuant to subsection 62-213.420(4), F.A.C.

(c) Emission Allowances. The Acid Rain Part of a Title V permit shall include a permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under the Federal Acid Rain Program. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.

1. No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the Federal Acid Rain Program, provided that such increases do not require a permit revision pursuant to Rule 62-213.400, F.A.C.

2. No limit shall be placed on the number of allowances held by the source under the Federal Acid Rain Program.

3. Allowances shall be accounted for under the Federal Acid Rain Program.

(d) In addition to the requirements stated above, each Title V permit shall include all of the following:

1. A statement that if any portion of the final permit is invalidated, the remainder of the permit shall remain in effect,

2. Identification of fugitive emissions and source-wide emissions in the same manner as stack emissions, regardless of whether or not the Title V source is specifically listed in paragraph (b), of the definition of major source of air pollution at Rule 62-210.200, F.A.C.,

3. A statement that it shall not be a defense for a permittee in an enforcement action that maintaining compliance with any permit condition would necessitate halting of or reduction of the source activity,

4. A statement that any Title V source shall comply with all the terms and conditions of the existing permit until the Department has taken final action on any permit renewal or any requested permit revision, except as provided at subsection 62-213.412(2), F.A.C.,

5. A statement that any permittee may claim confidentiality of any data or other information by complying with subsection 62-213.420(2), F.A.C.

(2) Compliance Requirements. For each applicable requirement for which one or more units within a source is not in compliance at the time of application for any permit, permit renewal or permit revision, and for which that unit has not come into compliance at the date of issuance of the draft permit, the draft permit shall contain:

(a) A provision that the source shall meet measurable and enforceable milestones on no less than a semiannual basis until compliance is achieved and demonstrated to the Department. Each source shall notify the Department in writing, within 15 days after the date specified for completion of each milestone, to include the achievement of compliance, of progress achieved, requirements met, requirements not met, corrective measures adopted and an explanation of any measures not met by the completion date for the milestone or for compliance. All reports shall be accompanied by a certification, signed by a responsible official, in accordance with subsection 62-213.420(4), F.A.C.

(b) A provision requiring the source to be in compliance by the date specified in the permit.

(3) Statement of Compliance.

(a) For each applicable requirement, the permit shall contain:

1. A provision for assessing or monitoring compliance for each unit within the source,

2. A requirement that the source submit a Statement of Compliance with all terms and conditions of the permit that includes all the provisions of 40 C.F.R. 70.6(c)(5)(iii), adopted and incorporated by reference at Rule 62-204.800, F.A.C. Such statements shall be accompanied by certification in accordance with subsection 62-213.420(4), F.A.C., for Title V requirements, and with Rule 62-214.350, F.A.C., for Acid Rain requirements. Such statement shall be submitted (postmarked) to the Department and EPA:

a. Annually, within 60 days after the end of each calendar year during which the Title V permit was effective, or more frequently if specified by subsection 62-213.440(2), F.A.C., or by any other applicable requirement; and,

b. Within 60 days after submittal of a written agreement for transfer of responsibility as required pursuant to 40 C.F.R. 70.7(d)(1)(iv), adopted and incorporated by reference at Rule 62-204.800, F.A.C., or within 60 days after permanent shutdown of a facility permitted under this chapter; provided that, in either such case, the reporting period shall be the portion of the calendar year the permit was effective up to the date of transfer of responsibility or permanent facility shutdown, as applicable,

3. In lieu of requiring a responsible official to individually identify all applicable requirements and specify times of compliance with, noncompliance with, and deviation from each, a provision that a responsible official may use the Statement of Compliance Form (DEP Form No 62-213.440), herein adopted and incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-12777), effective April, 2021, as such statement of compliance so long as the responsible official specifically identifies all reportable deviations from and all instances of non-compliance with any applicable requirements and includes all information required by the federal regulation relating to each reportable deviation and instance of non-compliance.

(b) For purposes of the Statement of Compliance required at paragraph 62-213.440(3)(a), F.A.C., a responsible official may treat compliance with all other applicable requirements as a surrogate for compliance with subsection 62-296.320(2), F.A.C., Objectionable Odor Prohibited.

(4) Periodic Monitoring.

(a) Periodic monitoring sufficient to satisfy the requirements of sub-subparagraph 62-213.440(1)(b)1.b., F.A.C., shall assure the use of recordkeeping terms, test methods, units, averaging periods, or other statistical conventions which yield reliable data and are consistent with the applicable requirement, representative of the emissions unit’s actual performance, and sufficient to indicate whether the unit remains in compliance. All periodic monitoring data must be retained in accordance with sub-subparagraph 62-213.440(1)(b)2.b., F.A.C. When existing reporting, recordkeeping and testing requirements yield reliable data that are both representative of the unit’s actual performance and sufficient to indicate whether the unit remains in compliance with an applicable requirement, additional periodic monitoring shall not be required for that applicable requirement.

(b) Monitoring performed pursuant to any of the following satisfies periodic monitoring for that applicable requirement:

1. Emission limitations or standards proposed and promulgated by the U.S. Environmental Protection Agency after November 15, 1990, pursuant to section 111 or 112 of the Clean Air Act. The emission limitations or standards include:

a. 40 C.F.R. 60 (New Source Performance Standards and Emission Guidelines for Existing Sources),

b. 40 C.F.R. 61 (National Emission Standards for Hazardous Air Pollutants); and,

c. 40 C.F.R. 63 (National Emission Standards for Hazardous Air Pollutants),

2. Acid Rain Program requirements pursuant to sections 404, 405, 406, 407(a), 407(b), or 410 of the Clean Air Act. The requirements include continuous monitoring system requirements established pursuant to 40 C.F.R. 75;

3. Emission limits or standards for which monitoring requirements are established pursuant to 40 C.F.R. 64 (Compliance Assurance Monitoring);

4. Emission limitations or standards for which a Title V permit specifies a continuous compliance determination method, as defined in 40 C.F.R. 64.1, adopted and incorporated by reference at Rule 62-204.800, F.A.C., unless such compliance method includes an assumed control device emission reduction factor that could be affected by the actual operation and maintenance of the control device.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.0872 FS. History–New 11-28-93, Amended 4-17-94, Formerly 17-213.440, Amended 11-23-94, 4-18-95, 3-13-96, 3-20-96, 11-13-97, 4-7-98, 2-11-99, 7-15-99, 1-3-01, 4-16-01, 6-2-02, 3-16-08, 3-11-10, 6-29-11, 4-8-21, 1-28-25.

Fla. Admin. Code R. 62-213.450 Permit Review by EPA and Affected States

(1) Transmission of Information to EPA. Unless waived by EPA, the Department shall provide to EPA a copy of each permit application, including any application for permit revision or permit renewal, each draft permit, each proposed permit, and each final permit. Unless a different time frame is agreed to between the applicant and the Department, the Department shall issue and forward the proposed permit to EPA for its 45-day review within 30 days after the conclusion of the comment period on the last draft permit; or, if the draft permit is the subject of an administrative hearing under Sections 120.569 and 120.57, F.S. The Department shall issue and forward the proposed permit to EPA no later than 30 days after the date the final order is required to be filed under Section 120.57(1)(k), F.S., the Department shall also provide notice to the applicant of the date that the Department forwards the proposed permit to EPA, within 10 days of forwarding the proposed permit.

(2) Review by Affected States and Approved Local Air Programs. At the time that the Department provides the notice to the public under Chapter 62-210, F.A.C., the Department shall give notice of each draft permit to any affected state and any approved local air program having geographical jurisdiction of the source. The Department shall also provide the approved local air program and affected state a copy of each proposed and final permit at the time the information is forwarded to EPA.

(3) The Department shall notify, in writing, EPA and any affected state of any refusal by the Department to accept all recommendations for the draft permit that the affected state submitted during the public or affected state review period. The notice shall include the Department’s reasons for not accepting any such recommendation.

(4) EPA Objection. The Department shall not issue any permit, permit revision or permit renewal if EPA objects to issuance, in writing, within 45 days of receipt of the proposed permit.

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.087, 403.0872 FS. History–New 11-28-93, Formerly 17-213.450, Amended 2-11-99, 1-3-01, 1-28-25.

Fla. Admin. Code R. 62-213.460 Permit Shield

(1) Except as provided in this chapter, compliance with the terms and conditions of a permit issued pursuant to this chapter shall, as of the effective date of the permit, be deemed compliance with any applicable requirements in effect, provided that the source included such applicable requirements in the permit application.

(2) Nothing in this section or in any permit shall alter or affect the ability of EPA or the Department to deal with an emergency, the liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance, or the requirements of the Federal Acid Rain Program.

History

• Rulemaking Authority 403.061, 403.0872 FS. Law Implemented 403.087, 403.0872 FS. History–New 11-28-93, Formerly 17-213.460, Amended 11-23-94, 1-3-01, 3-16-08, 3-11-10, 1-28-25.

Fla. Admin. Code R. 62-213.900 Forms and Instructions

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.0872 FS. History–New 12-21-92, Amended 11-25-93, Formerly 17-213.900, Amended 11-23-94, 1-1-96, 3-13-96, 6-25-96, 2-11-99, 2-24-99, 1-3-01, 6-2-02, 4-14-03, 10-12-08, 6-29-11, 12-31-13, Repealed 4-8-21.

Chapter 62-214 REQUIREMENTS FOR SOURCES SUBJECT TO THE FEDERAL ACID RAIN PROGRAM

Fla. Admin. Code R. 62-214.100 Purpose and Scope

This chapter outlines the additional permitting requirements for Title V sources that are subject to the Federal Acid Rain Program. The rules under this chapter set forth requirements for the Acid Rain Part of an operation permit for a Title V source which is subject to the Federal Acid Rain Program. The Department intends that this chapter shall implement and be consistent with the federal requirements of 40 C.F.R. Part 72. Words and phrases used in this chapter, unless clearly indicated otherwise, are defined at either 40 C.F.R. 72.2 or 76.2, or Rule 62-210.200, F.A.C. The provisions of 40 C.F.R. Parts 72, 73, 74, 75, and 76 referenced in this rule are adopted and incorporated by reference at Rule 62-204.800, F.A.C.

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 3-13-96, 1-3-01, 3-16-08.

Fla. Admin. Code R. 62-214.200 Definitions

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, Repealed 3-13-96.

Fla. Admin. Code R. 62-214.300 Applicability

Owners and operators of a Title V source that contains an Acid Rain unit shall operate the source and each Acid Rain unit in compliance with Chapter 62-213, F.A.C., and shall comply with the applicable requirements of this chapter.

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 3-16-08.

Fla. Admin. Code R. 62-214.320 Applications

The designated representative of any Title V source containing an Acid Rain unit shall submit to the Department a complete Acid Rain Part application no later than the applicable deadline of this section. The Acid Rain Part application shall be submitted pursuant to this chapter and to Rule 62-213.420, F.A.C. The designated representative of an Acid Rain Source has the option of filing the Acid Rain Part application as a separate document from the Title V Air Operation Permit application and requesting separate processing. The Department shall process the Acid Rain Part application pursuant to Chapter 62-213, F.A.C. The owners and operators of such source and any Acid Rain unit at the source shall not operate the source or unit without a Title V permit which includes an Acid Rain Part, except that a source having a valid air construction or operation permit or a site certification pursuant to the Florida Electrical Power Plant Siting Act and for which the designated representative has submitted a timely and complete initial Acid Rain Part application shall be deemed in compliance with the Federal Acid Rain Program requirements provided that the designated representative submits all timely supplemental information as provided at Rule 62-213.420, F.A.C., and provided the source operates in compliance with the terms and conditions of the Acid Rain Part application during the Department’s processing of the application.

(1) Timeliness. The designated representative shall submit a complete Acid Rain Part application as set forth below and at each renewal:

(a) For any new unit, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department at least 24 months before the date on which the unit commences operation.

(b) For any unit that did not serve a generator with a nameplate capacity greater than 25 megawatts-electrical (MWe) on November 15, 1990, but serves such a generator after November 15, 1990, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department at least 24 months before the date on which the unit begins to serve a generator with a nameplate capacity greater than 25 MWe.

(c) For any unit which was a simple combustion turbine on November 15, 1990, but which adds or uses auxiliary firing after November 15, 1990, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department at least 24 months before the date on which the auxiliary firing device commences operation.

(d) For any unit that was an exempt cogeneration unit pursuant to 40 C.F.R. 72.6(b)(4), adopted and incorporated by reference at Rule 62-204.800, F.A.C., but which during any three calendar year period after November 15, 1990, sold to a utility power distribution system, as defined at 40 C.F.R. 72.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C., an annual average of more than one third of its potential electrical output capacity, as defined at 40 C.F.R. 72.2, and more than 219,000 megawatts-electrical hours (MWe hrs) output, on a gross basis, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before March 1 of the year following the three calendar year period in which the unit sold to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output on a gross basis.

(e) For any unit which was exempt pursuant to 40 C.F.R. 72.6(b)(5), adopted and incorporated by reference at Rule 62-204.800, F.A.C., but which at any time after the date of November 15, 1990, or the date the source containing the unit commences commercial operation, fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(5), the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before March 1 of the year following the calendar year in which the source fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(5).

(f) For any unit which was exempt pursuant to 40 C.F.R. 72.6(b)(6), adopted and incorporated by reference at Rule 62-204.800, F.A.C., but which at any time after the later of November 15, 1990, or the date the source containing the unit commences commercial operation, fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(6), the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before March 1 of the year following the calendar year in which the source fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(6).

(g) For any unit which was a solid waste incinerator, burning less than 20 percent fossil fuel as described in 40 C.F.R. 72.6(b)(7), adopted and incorporated by reference at Rule 62-204.800, F.A.C., the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before March 1 of the year following the three calendar year period in which the incinerator consumed 20 percent or more fossil fuel on a British thermal unit (Btu) basis.

(h) For any unit that would opt-in to the Acid Rain program as described in 40 C.F.R. Part 74, Sulfur Dioxide Opt-Ins, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the designated representative of the source containing the unit may submit a complete Acid Rain Part application with monitoring plan governing such unit at any time to the Department.

(i) Pursuant to subparagraph 62-213.420(1)(a)2. and subsection 62-213.430(3), F.A.C., the designated representative of any Title V source having a Title V permit with an Acid Rain Part shall submit a complete application for renewal of the Title V permit with an Acid Rain Part for each Acid Rain unit at the source, and the designated representative of a Title V source having a separate Acid Rain Part shall submit a complete application for renewal of the separate Acid Rain Part for each Acid Rain unit at the source.

(2) Information Requirements for Applications. The designated representative shall submit a complete Acid Rain Part application using DEP Form No. 62-210.900(1)(a) and DEP Form Nos. 62-210.900(1)(a)1., 2., and 3., as appropriate, and including the following:

(a) Identification of the Acid Rain source;

(b) Identification of each Acid Rain unit at the source;

(c) A complete Acid Rain compliance plan for each unit, in accordance with Rule 62-214.330, F.A.C.;

(d) If the unit is a new unit or opt-in souce, the date that the unit commenced or will commence operation and the deadline for monitor certification, pursuant to 40 C.F.R. Part 75, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(e) If the unit is an opt-in combustion source, the information required pursuant to 40 C.F.R. 74.16, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(f) Notification for any exemptions of Acid Rain units if the designated representative indicates such exemption in accordance with Rule 62-214.340, F.A.C.; and,

(g) Certification, in accordance with Rule 62-214.350, F.A.C., that the data submitted are true and correct and that the Acid Rain source and each Acid Rain unit shall operate in accordance with the terms and conditions of the Acid Rain Part application (DEP Form No. 62-210.900(1)(a)).

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 4-16-01, 6-2-02, 3-16-08, 3-11-10.

Fla. Admin. Code R. 62-214.330 Acid Rain Compliance Plan and Compliance Options

(1) The designated representative shall submit to the Department a complete Acid Rain compliance plan for each Acid Rain unit included in an Acid Rain Part application, including:

(a) For sulfur dioxide emissions, a certification that, the designated representative will hold allowances, as defined at 40 C.F.R. 72.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C., as of the allowance transfer deadline, as defined at 40 C.F.R. 72.2, not less than the total annual emissions of sulfur dioxide from the unit for the previous calendar year and shall comply with the unit’s elected compliance options, if any. Such requirement shall become effective on:

1. January 1, 2000, for an Acid Rain unit that is an existing unit pursuant to 40 C.F.R. 72.6(2), adopted and incorporated by reference at Rule 62-204.800, F.A.C.,

2. The deadline for monitor certification pursuant to 40 C.F.R. Part 75, adopted and incorporated by reference at Rule 62-204.800, F.A.C., for an Acid Rain unit that is a new unit as defined at 40 C.F.R. 72.6(3), adopted and incorporated by reference at Rule 62-204.800, F.A.C.,

3. The deadline for monitor certification pursuant to 40 C.F.R. Part 75, adopted and incorporated by reference at Rule 62-204.800, F.A.C., for an Acid Rain unit that is an opt-in source as defined at 40 C.F.R. 72.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) For nitrogen oxides emissions, a certification that the unit will comply with any applicable limitation established by the EPA pursuant to 40 C.F.R. Part 76.5, 76.6, or 76.7, adopted and incorporated by reference at rule 62-204.800, F.A.C., or will elect and comply with one or more Acid Rain compliance options in accordance with the provisions of 40 C.F.R. Part 76.10 and 76.11, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(2) The designated representative may include in the Acid Rain compliance plan a multi-unit compliance option pursuant to the requirements of 40 C.F.R. 76.11, adopted and incorporated by reference at Rule 62-204.800, F.A.C., provided that:

(a) A plan for a compliance option that includes units at more than one Acid Rain source shall be complete only if:

1. Such plan is signed and certified in accordance with Rule 62-214.350, F.A.C., by the designated representative for each source with an Acid Rain unit governed by such plan; and,

2. A complete Title V permit application including an Acid Rain Part application is submitted covering each unit governed by such plan.

(b) The designated representative of the source containing the unit or units covered by the Acid Rain Part application certifies that every permitting authority (as defined at 40 C.F.R. 70.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C.) with jurisdiction over any other units included in the multi-unit compliance option has approved the Acid Rain compliance plan with the same modifications or conditions, if any, stated in the proposed Acid Rain Part of the permit or submits a schedule in the form of a Title V compliance plan for providing such certifications.

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 3-16-08.

Fla. Admin. Code R. 62-214.340 Exemptions

(1) New Units Exemption.

(a) Any new utility unit that meets all the criteria of 40 C.F.R. 72.7(a)(1) through (3); which has not previously lost a new unit exemption; which is not allocated any allowances pursuant to 40 C.F.R. Part 73, Subpart B; and which has timely and sufficiently supplied notice to the Department and the EPA shall be exempt from the Federal Acid Rain Program and Chapter 62-214, F.A.C., except for the requirements of this section and those provisions of 40 C.F.R. 72.2 through 72.7 and 72.10 through 72.13, beginning January 1 of the first full calendar year for which the unit meets all the criteria of 40 C.F.R. 72.7(a)(1) through (3) and paragraph 62-214.340(1)(a), F.A.C.

1. For purposes of this section, timely and sufficient notice is a statement meeting all of the criteria of 40 C.F.R. 72.7(b)(2), certified as required by Rule 62-214.350, F.A.C., using DEP Form No. 62-210.900(1)(a)2. and submitted to the Department no later than December 31 of the first calendar year for which the exemption shall be effective, except that the notice need not be provided if the unit has already received a written new unit exemption and the unit shall be subject to the requirements of 40 C.F.R. 72.7(a), (d), (e)(2), and (f).

2. Upon receipt of a timely and sufficient notice, the Department shall amend the applicable Acid Rain Part and any other affected portion of the Title V permit issued for the facility of which the unit is a part pursuant to Rule 62-210.360, F.A.C., to add the provisions and requirements of the exemption under 40 C.F.R. 72.7(a), (b), (d), and (f).

3. Compliance with the requirements of 40 C.F.R. 72.7(a)(3) shall be determined as specified by 40 C.F.R. 72.7(d).

(b) The new unit exemption shall be lost and the unit shall be fully subject to Chapter 62-214, F.A.C., and the Federal Acid Rain Program in accordance with the provisions of 40 C.F.R. 72.7(f)(4). The unit shall be subject to the monitoring requirements of 40 C.F.R. Part 75 on the date the exemption is lost, and the designated representative must submit a completed Acid Rain Part application no later than 60 days after the unit has lost the exemption.

(c) A unit otherwise meeting the criteria of 40 C.F.R. 72.7(a)(1) through (3), but which has been allocated allowances under 40 C.F.R. Part 73, Subpart B, may qualify for the new unit exemption if it is in compliance with all other requirements of paragraph 62-214.340(1)(a), F.A.C., and the allowances are surrendered as provided at 40 C.F.R. 72.7(c). For such units, timely and sufficient notice shall include all information required by 40 C.F.R. 72.7(c)(1)(i). The exemption shall be effective January 1 of the first full calendar year for which all requirements of 40 C.F.R. 72.7(a) and (c)(1) are met, including notification from EPA of the allowances surrender, as described at 40 C.F.R. 72.7(c)(1)(i)(D). Following receipt of such notification, the Department shall amend the Acid Rain Part and any other affected portion of the Title V permit issued for the facility of which the unit is a part in accordance with subparagraph 62-214.340(1)(a)2., F.A.C. The provisions of subparagraphs 62-214.340(1)(a)3. and (b), F.A.C., shall apply to the unit.

(d) All records demonstrating that the requirements of 40 C.F.R. 72.7(a) are met must be maintained at the facility for a period of 5 years, as specified at 40 C.F.R. 72.7(f)(3).

(2) Retired Units Exemption.

(a) Any permanently retired utility unit (except for an opt-in source, as defined in 40 C.F.R. 72.2) which has timely and sufficiently supplied notice to the Department and the EPA shall be exempt from the Federal Acid Rain Program and Chapter 62-214, F.A.C., except for the requirements of this section and except for those provisions of 40 C.F.R. 72.2 through 72.6, 72.8, 72.10 through 72.13, and 40 C.F.R. 73, Subpart B, beginning January 1 of the first full calendar year during which the unit is permanently retired. The unit shall not emit any sulfur dioxide and nitrogen oxides beginning the date the exemption takes effect.

1. For purposes of this section, timely and sufficient notice is a statement meeting all of the criteria of 40 C.F.R. 72.8(b)(2), certified as required by Rule 62-214.350, F.A.C., using DEP Form No. 62-210.900(1)(c) and submitted to the Department no later than December 31 of the first calendar year for which the exemption shall be effective, except that the notice need not be provided if the unit has already received a written retired unit exemption and the unit shall be subject to the requirements of 40 C.F.R. 72.8(d).

2. Upon receipt of a timely and sufficient notice, the Department shall amend the applicable Acid Rain Part and any other affected portion of the Title V permit issued for the facility of which the unit is a part pursuant to Rule 62-210.360, F.A.C., to add the provisions and requirements of the exemption under 40 C.F.R. 72.8(b)(1) and (d).

(b) The retired unit exemption shall be lost and the unit shall be fully subject to Chapter 62-214, F.A.C., and the Federal Acid Rain Program in accordance with the provisions of 40 C.F.R. 72.8(d)(6). The unit shall be subject to the monitoring requirements of 40 C.F.R. Part 75 on the date the exemption is lost, and the designated representative must submit a completed Acid Rain Part application no later than 24 months prior to the date the exemption will be lost.

(c) All records demonstrating that the requirements of 40 C.F.R. 72.8(a) are met must be maintained at the facility for a period of 5 years, as specified at 40 C.F.R. 72.8(d)(5).

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 6-2-02, 3-16-08.

Fla. Admin. Code R. 62-214.350 Certification

(1) The Department shall accept or act on a submission made on behalf of owners and operators of an Acid Rain source and an Acid Rain unit only if the submission has been made, signed, and certified in accordance with the provisions of this section.

(2) The designated representative shall submit to the Department a copy of the Certificate of Representation submitted to EPA pursuant to 40 C.F.R. 72 subpart B, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(3) The designated representative shall sign and certify each submission with the following:

(a) “I am authorized to make this submission on behalf of the owners and operators of the Acid Rain source or Acid Rain units for which the submission is made.”

(b) “I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.”

(4) The Department shall make no determination concerning any private legal dispute related to authorization of any designated representative or any private legal disputes concerning the proceeds of allowance transfers. The Department shall not stay any submission or the effect of any action of the designated representative based upon any communication or objection concerning the authorization of the designated representative to make any submission, to take any action or to determine not to take action.

(5) The designated representative shall certify that each unit for which any initial Acid Rain Part application is submitted shall be operated and the source containing the unit shall be operated in compliance with all the terms and conditions of the application until the Department takes final action on the application.

(6) The designated representative shall serve notice on each owner and operator of any Acid Rain unit of each Acid Rain Program submittal made by the designated representative and of each EPA or Department determination received by the designated representative, provided that the submittal or determination covers the source or the unit and provided that the owner or operator has not waived the right to receive the copy. The timing of such notice shall be:

(a) For submittals, the date submitted;

(b) For determinations, within 10 business days of receipt;

History

• Rulemaking Authority 403.061, 403.087, 403.0872, 403.8055 FS. Law Implemented 403.061, 403.0872 FS. History–New 1-3-95, Amended 12-10-97.

Fla. Admin. Code R. 62-214.360 Department Action on Applications

Any application submitted pursuant to this chapter, including any proposal for NOx alternative emission limitation, shall be processed by the Department under the provisions of Rules 62-213.420 and 62-213.430, F.A.C., with the following additional limitations.

(1) The Department shall not approve any Acid Rain compliance plan described at subsection 62-214.330(2), F.A.C., until the Department receives, in addition to the information required by paragraph 62-210.900(1)(a), rules 62-214.320 and 62-214.330, F.A.C., certification from the designated representative that the proposed Acid Rain compliance plan technology has received any necessary EPA approvals, pursuant to 40 C.F.R. 72.44(f), adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(2) The Department shall take no final action on any permit application for revision submitted by a designated representative to alter or terminate any Acid Rain compliance plan described at subsection 62-214.330(2), F.A.C., until the Department receives notice from EPA that the proposed revision has received necessary EPA approvals.

(3) The Department shall consider notice from EPA that an Acid Rain compliance plan described at Rule 62-214.330(2), F.A.C., has failed or for other reason no longer has necessary EPA approval to be cause for permit revision pursuant to Rule 62-4.080, F.A.C.

(4) The Department shall not allocate allowances.

(5) A NOx alternative emission limitation must meet the substantive and procedural criteria of 40 C.F.R. 76.10.

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 4-16-01, 6-2-02, 3-16-08.

Fla. Admin. Code R. 62-214.370 Revisions and Administrative Corrections

Except as specifically provided in this section, all revisions of and administrative corrections to a final Acid Rain Part shall be processed in accordance with the provisions of Chapters 62-213 and 62-210, F.A.C., respectively.

(1) An Acid Rain Part revision may be submitted for approval at any time. No revision shall affect the expiration date of the Acid Rain Part of final Title V source permit to be revised. No revision shall excuse any violation of an Acid Rain Program requirement that occurred prior to the effective date of the revision. An Acid Rain unit shall comply with its existing Acid Rain Part while a revision is pending.

(2) The Department shall not change or void, through a permit revision, the standard requirements of 40 C.F.R. 72.9, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(3) The designated representative shall comply with the additional requirements of Rule 62-214.330, F.A.C., when applying for revisions that:

(a) Involve incorporation of a compliance option that was not submitted for approval and comment during the issuance process, or

(b) Involve a change in a compliance option that was previously submitted.

(4) The designated representative, may opt to submit the revisions described at 40 C.F.R. 72.81(b)(1) and (3), adopted and incorporated by reference at Rule 62-204.800, F.A.C., and those described at paragraph 62-213.400(2)(j), F.A.C., as revisions that may be requested, processed, and implemented pursuant to Rule 62-213.413, F.A.C.

(5) The Department shall revise an Acid Rain Part for cause in accordance with the procedures in subsection 62-213.430(4), F.A.C.

(6) Acid Rain Part changes listed in 40 C.F.R. 72.83(a)(1), (2), (6), (9) and (10), which are adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall be made as administrative permit corrections pursuant to Rule 62-210.360, F.A.C. Incorporation of changes approved by EPA under 40 C.F.R. 72.83(a)(11) and (12) shall also be accomplished as administrative permit corrections. The Department shall submit the revised portion of the Acid Rain Part to EPA.

(7) The following revisions shall be deemed to amend automatically and become incorporated in the unit’s Acid Rain Part by operation of law without any further action by the Department:

(a) All EPA approved allowance allocations, transfers to and deductions from an Acid Rain unit’s Allowance Tracking System account; and,

(b) EPA approved offset plans under 40 C.F.R. Part 77, incorporated by reference at Rule 62-204.800, F.A.C.

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 4-16-01.

Fla. Admin. Code R. 62-214.420 Acid Rain Part Content

In addition to the requirements of Chapter 62-213, F.A.C., any draft, proposed or final Acid Rain Part, shall contain the following:

(1) All of the information required for application at subsection 62-214.320(2), F.A.C.;

(2) The applicable Acid Rain emissions limitation for sulfur dioxide as defined in 40 C.F.R. 72.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(3) The applicable Acid Rain emissions limitation for nitrogen oxides as defined by 40 C.F.R. 72.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(4) A statement of basis containing factual information on the reasons and supporting legal authority for approval or disapproval of the Acid Rain Part and any compliance options requested in the permit application, including references to applicable statutory or regulatory provisions;

(5) A statement that the owners and operators and designated representative of each Acid Rain source and each Acid Rain unit at the source shall comply with the provisions of 40 C.F.R. Parts 75 and 76, each adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(6) A statement that the designated representative of an Acid Rain source and each Acid Rain unit at the source shall submit all compliance certifications required by the Federal Acid Rain Program;

(7) A statement that the designated representative of a source shall comply with the requirements of subsection 62-214.350(5), F.A.C.;

(8) A statement that an Acid Rain Part shall be binding on any new owner or operator or the new designated representative of any Acid Rain source or Acid Rain unit governed by the permit;

(9) A statement that the annual statement of compliance pursuant to subsection 62-213.440(3), F.A.C., be submitted within 60 days after the end of the calendar year;

(10) A statement that an Acid Rain source shall comply with the recordkeeping and reporting requirements of 40 C.F.R. 72.9(f), adopted and incorporated by reference at Rule 62-204.800, F.A.C. Such recordkeeping and reporting requirements are in addition to those requirements of Chapter 62-213, F.A.C.; and,

(11) For opt-in sources, the requirements of 40 C.F.R. 74.12, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 3-16-08.

Fla. Admin. Code R. 62-214.430 Implementation and Termination of Compliance Options

(1) Activation. The designated representative shall not activate an approved conditional compliance option except by providing notice to the Department that the option will actually be pursued beginning January 1 of a specified year. An approved conditional compliance option must be activated, if at all, before the date of any enforceable milestone applicable to the option. The option becomes binding on the owners and operators of any unit governed by the option at the time the designated representative submits the notice. The notice shall:

(a) Specify the first calendar year and the last calendar year for which the approved conditional compliance option is to be active; and

(b) Certify that the source has obtained all necessary EPA approvals of the technology pursuant to Subpart D of 40 C.F.R. Parts 72, 74, and 76, each adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(2) Termination of Approved Conditional Compliance Options. The designated representative shall not terminate an approved conditional compliance option after activation except by providing notice to the Department that the termination will occur on January 1 of a specified year. The termination becomes binding on the owners and operators and the designated representative of any unit governed by the option at the time the designated representative submits the notice. The notice of termination shall:

(a) Specify the calendar year for which the approved conditional compliance option is to be terminated; and,

(b) Certify that the source has obtained any necessary EPA approvals of the termination pursuant to Subpart D of 40 C.F.R. Parts 72, 74, and 76, each adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(3) The date of activation of the compliance option shall not be a defense against failure to meet the requirements applicable to that compliance option during each calendar year for which the compliance option is activated.

(4) Upon receipt of a notice described at subsection 62-214.430(1) or 62-214.430(2), F.A.C., the Department shall correct the source’s permit pursuant to Rule 62-210.360, and subsection 62-214.370(6), F.A.C.

History

• Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 3-16-08.

Chapter 62-242 MOTOR VEHICLE EMISSIONS STANDARDS AND TEST PROCEDURES

Fla. Admin. Code R. 62-242.100 Purpose and Scope

History

• Rulemaking Authority 325.206, 325.209, 325.212, 325.213, 403.061 FS. Law Implemented 325.206, 325.209, 325.212, 325.213, 403.021, 403.031, 403.061 FS. History–New 2-20-89, Amended 3-21-91, Formerly 17-242.100, Repealed 2-16-12.

Fla. Admin. Code R. 62-242.200 Definitions

History

• Rulemaking Authority 325.206, 325.209, 325.212, 325.213, 403.061 FS. Law Implemented 325.202, 325.206, 325.209, 325.212, 325.213, 403.021, 403.031, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.200, Amended 3-13-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-242.400 Standards and Procedures for Inspection of Gasoline-Fueled Vehicles; Pass/Fail Criteria

History

• Rulemaking Authority 325.206, 403.061 FS. Law Implemented 325.203, 325.206, 403.021, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.400, Repealed 2-16-12.

Fla. Admin. Code R. 62-242.500 Standards and Procedures for Inspection of Diesel Fueled Vehicles; Pass/Fail Criteria

History

• Rulemaking Authority 325.206, 325.212, 403.061 FS. Law Implemented 325.203, 325.206, 325.212, 403.021, 403.031, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.500, Repealed 2-16-12.

Fla. Admin. Code R. 62-242.600 Equipment Performance Specifications

History

• Rulemaking Authority 325.206, 325.212, 403.061 FS. Law Implemented 325.206, 325.212, 325.213, 403.031, 403.061 FS. History–New 2-20-89, Amended 2-14-91, 2-2-93, Formerly 17-242.600, Repealed 2-16-12.

Fla. Admin. Code R. 62-242.700 Tampering Inspection

History

• Rulemaking Authority 325.206, 325.209, 403.061 FS. Law Implemented 325.206, 325.209, 403.021, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.700, Repealed 2-16-12.

Fla. Admin. Code R. 62-242.800 Low Emissions Adjustment

History

• Rulemaking Authority 325.206, 325.209, 403.061 FS. Law Implemented 325.206, 325.209, 403.021, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.800, Repealed 2-16-12.

Fla. Admin. Code R. 62-242.900 Training Criteria for Motor Vehicle Emissions Inspection Personnel

History

• Rulemaking Authority 325.212, 325.213, 403.061 FS. Law Implemented 325.202, 325.212, 325.213, 403.021, 403.031, 403.061 FS. History–New 2-20-89, Amended 3-21-91, 2-2-93, Formerly 17-242.900, Repealed 2-16-12.

Chapter 62-243 TAMPERING WITH MOTOR VEHICLE AIR POLLUTION CONTROL EQUIPMENT

Fla. Admin. Code R. 62-243.100 Purpose and Scope

History

• Rulemaking Authority 316.2935 FS. Law Implemented 316.2935, 316.6105, 318.18, 325.209 FS. History–New 2-21-90, Amended 5-29-90, Formerly 17-243.100, Repealed 2-16-12.

Fla. Admin. Code R. 62-243.200 Definitions

History

• Rulemaking Authority 316.2935 FS. Law Implemented 316.2935 FS. History–New 2-21-90, Amended 5-29-90, 1-2-91, Formerly 17-243.200, Repealed 2-16-12.

Fla. Admin. Code R. 62-243.300 Exemptions

History

• Rulemaking Authority 316.2935 FS. Law Implemented 316.2935, 325.209 FS. History–New 2-21-90, Amended 5-29-90, 1-2-91, Formerly 17-243.300, Repealed 7-13-17.

Fla. Admin. Code R. 62-243.400 Prohibitions

History

• Rulemaking Authority 316.2935 FS. Law Implemented 316.2935 FS. History–New 2-21-90, Amended 5-29-90, 1-2-91, Formerly 17-243.400, Repealed 2-16-12.

Fla. Admin. Code R. 62-243.500 Certification

(1) Certification Statement.

(a) Except as provided in subsection 62-243.500(2), F.A.C., on and after January 1, 1991, at the time of sale, lease, or transfer of title of a nonexempt motor vehicle, the seller, lessor, or person transferring title shall provide a written certification to the purchaser, lessee, or transferee that the air pollution control equipment of the motor vehicle has not been tampered with by the seller, lessor, transferor, or by his or her agents, employees, or other representatives.

(b) Except as provided in subsection 62-243.500(2), F.A.C., a licensed motor vehicle dealer shall also visually observe and certify in writing that specific air pollution devices and systems are in place and appear properly connected and undamaged.

(c) For sales, leases, or transfers of title by private parties, the certification shall read as follows:

1. Florida law prohibits the operation, sale, lease, or transfer of title of any automobile or light-duty truck (1975 or newer, 10,000 pounds gross vehicle weight or less) that has been tampered with. “Tampering” means the dismantling, removal, or rendering ineffective of any air pollution control device or system which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle (Section 316.2935, F.S.).

2. As the owner of this motor vehicle, or on behalf of the owner which is an organization, firm, or other such entity, I hereby certify that the following air pollution emission control devices and systems of this vehicle, if installed by the vehicle manufacturer or importer, have not been tampered with by me or with my permission, or by or with the permission of the owner of said vehicle: catalytic converter, fuel inlet restrictor, unvented fuel cap, exhaust gas recirculation system (EGR), air pump and/or air injection system (AIS), and fuel evaporative emissions system (EVP)* (*1981 and newer vehicles only).

3. This certification shall not be deemed or construed as a warranty that any air pollution control device or system of the vehicle is in functional condition, nor does the execution or delivery of this certification create by itself grounds for a cause of action between the parties to this transaction.

(d) For sales, leases, or transfers of title by licensed motor vehicle dealers to private parties, the certification shall read as follows:

1. Florida law prohibits the operation, sale, lease, or transfer of title of any automobile or light-duty truck (1975 or newer, 10,000 pounds gross vehicle weight or less) that has been tampered with. “Tampering” means the dismantling, removal, or rendering ineffective of any air pollution control device or system which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle (Section 316.2935, F.S.).

2. As a motor vehicle dealer licensed to conduct business in the State of Florida, I hereby certify that the following air pollution emission control devices and systems of this vehicle, if installed by the vehicle manufacturer or importer, have not been tampered with by me or by my agents, employees, or other representatives: catalytic converter, fuel inlet restrictor, unvented fuel cap, exhaust gas recirculation system (EGR),* air pump and/or air injection system (AIS),* and fuel evaporative emissions system (EVP)* (*1981 and newer vehicles only). I also hereby certify that I or persons under my supervision have inspected this motor vehicle and, based on said inspection, have determined that the above-listed air pollution control devices and systems, if installed by the vehicle manufacturer or importer, are in place and appear properly connected and undamaged as determined by visual observation.

3. This certification shall not be deemed or construed as a warranty that any air pollution control device or system of the vehicle is in functional condition, nor does the execution or delivery of this certification create by itself grounds for a cause of action between the parties to this transaction.

(e) The certification statement shall be provided on the bill of sale, lease agreement, or other document furnished by the seller, lessor, or person transferring title. The make, model, year, and vehicle identification number of the motor vehicle being sold, leased, or transferred shall be included on the document containing the certification statement.

(2) Exemptions from the certification requirements of subsection 62-243.500(1), F.A.C.

(a) The following motor vehicle transactions are exempt from the certification requirements of subsection 62-243.500(1), F.A.C.:

1. Sales, reassignments, or transfers of motor vehicles by endorsement or delivery of a manufacturer’s or distributor’s statement of origin to a motor vehicle dealer holding a franchise agreement from the manufacturer or distributor issuing the statement of origin.

2. First-time retail sales or leases of new motor vehicles subject to certification under Section 207, Clean Air Act, 42 U.S.C., 7541.

3. Sales, reassignments, and trades to licensed motor vehicle dealers, where the dealer elects not to request the certification from the seller or person reassigning title.

4. Sales, reassignments, and trades by licensed motor vehicle dealers to licensed motor vehicle dealers.

5. Lease agreements for 30 days or less.

6. Sales of motor vehicles for salvage purposes only.

(b) The following motor vehicles are exempt from the certification requirements of subsection 62-243.500(1), F.A.C.:

1. Transactions involving motor vehicles which have net vehicle weights greater than 5,000 pounds or gross vehicle weights greater than 10,000 pounds.

2. Transactions involving motor vehicles which are designated as model year 1974 or older.

3. Transactions involving motorcycles, mopeds, scooters, and golf carts, as defined in Section 320.01, F.S.

4. Transactions involving farm vehicles, as defined in Section 320.51, F.S.

5. Transactions involving imported nonconforming motor vehicles which are documented to be exempt from federal emission control requirements by the U.S. Environmental Protection Agency under 40 CFR Part 85, Subpart P, as adopted and incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-19353).

History

• Rulemaking Authority 316.2935 FS. Law Implemented 316.2935 FS. History–New 5-29-90, Amended 1-2-91, Formerly 17-243.500, Amended 7-13-17, 9-1-26.

Fla. Admin. Code R. 62-243.600 Enforcement

History

• Rulemaking Authority 316.2935 FS. Law Implemented 316.2935 FS. History–New 2-21-90, Amended 5-29-90, 1-2-91, Formerly 17-243.600, Repealed 2-16-12.

Fla. Admin. Code R. 62-243.700 Penalties

History

• Rulemaking Authority 316.2935 FS. Law Implemented 316.2935, 316.6105, 318.18 FS. History–New 2-21-90, Amended 5-29-90, Formerly 17-243.700, Repealed 12-31-95.

Chapter 62-252 GASOLINE VAPOR CONTROL

Fla. Admin. Code R. 62-252.100 Purpose and Scope

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 2-2-93, Formerly 17-252.100, Repealed 2-16-12.

Fla. Admin. Code R. 62-252.200 Definitions

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.100, Amended 2-2-93, Formerly 17-252.200, Amended 5-9-07, Repealed 2-16-12.

Fla. Admin. Code R. 62-252.300 Gasoline Dispensing Facilities - Stage I Vapor Recovery

(1) Applicability. The requirements of this rule section shall apply to:

(a) All gasoline dispensing facilities with a monthly gasoline throughput of 20,000 gallons (75,700 liters) or more located in any area designated as a nonattainment area or air quality maintenance area for ozone under Rule 62-204.340, F.A.C.;

(b) All gasoline dispensing facilities in the state with a monthly throughput of 10,000 gallons (37,850 liters) or more that begin operation on or after August 1, 2007;

(c) All gasoline dispensing facilities in the state with a monthly throughput of 10,000 gallons (37,850 liters) or more that are not otherwise subject to this rule pursuant to paragraph 62-252.300(1)(a) or (b), F.A.C., and whose storage tanks are upgraded or replaced to meet the secondary containment requirements for integral piping in Rule 62-761.510, F.A.C., and are returned to operation on or after August 1, 2007; and,

(d) All gasoline dispensing facilities in the state with a monthly throughput of 10,000 gallons (37,850 liters) or more that are not otherwise subject to this rule pursuant to paragraph 62-252.300(1)(a), (b) or (c), F.A.C.

(2) Prohibition. No owner or operator of a gasoline dispensing facility subject to the provisions of this section shall transfer or cause or allow the transfer of gasoline from any gasoline cargo tank into any stationary storage tank located at any such gasoline dispensing facility unless the stationary storage tank is equipped for submerged filling and the vapors displaced from the storage tank during filling are processed by a Stage I vapor recovery system in accordance with subsection 62-252.300(3), F.A.C.

(3) Control Technology Requirements.

(a) The Stage I vapor recovery system required by this rule section shall conform with the equipment specifications of the U.S. Environmental Protection Agency document, “Design Criteria for Stage I Vapor Control Systems – Gasoline Service Stations,” dated November 1975, with the exception of Attachment A, hereby adopted and incorporated by reference (https://flrules.org/Gateway/reference.asp?No=Ref-19884).

(b) The Stage I vapor recovery system piping shall include pressure-vacuum vents and be leak-tight.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)11., Amended 2-2-93, Formerly 17-252.300, Amended 5-9-07, 9-24-13, Reviewed 9-2-26.

Fla. Admin. Code R. 62-252.400 Gasoline Dispensing Facilities - Stage II Vapor Recovery

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-2-93, Formerly 17-252.400, Amended 11-23-94, 5-9-07, Repealed 2-16-12.

Fla. Admin. Code R. 62-252.500 Gasoline Tanker Trucks or Trailers

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(c)3., 17-2.700(6)(c)2.d., Amended 2-2-93, Formerly 17-252.500, Amended 9-10-96, 5-9-07, Repealed 2-16-12.

Fla. Admin. Code R. 62-252.800 Penalties

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.141, 403.161 FS. History–New 2-2-93, Formerly 17-252.800, Repealed 12-31-95.

Fla. Admin. Code R. 62-252.900 Form

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-2-93, Formerly 17-252.900, Amended 11-23-94, 9-10-96, 5-9-07, Repealed 2-16-12.

Chapter 62-256 OPEN BURNING

Fla. Admin. Code R. 62-256.200 Definitions

The following words, phrases, or terms when used in this chapter shall, unless the content otherwise indicates, have the following meanings:

(1) “Air curtain incinerator” is a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain. An air curtain incinerator is considered open burning for purposes of this chapter and Rule 62-701.300, F.A.C.

(2) “Air pollution episode” is any day on which generally unhealthy air (an Air Quality Index value of 151 or greater) occurs or is forecast to occur by the Department.

(3) “Department” is the Department of Environmental Protection.

(4) “Extinguished” means the absence of any visible flames, smoke or emissions.

(5) “Garbage” means all kitchen and table food waste, animal or vegetative waste that is attendant with or results from the storage, packaging, preparation, cooking or handling of food materials.

(6) “Group I containers” means combustible containers which formerly contained organic or metallo-organic pesticides, except organic mercury, lead, cadmium, or arsenic compounds.

(7) “Land clearing debris” is uprooted or cleared vegetation resulting from a land clearing operation, including any untreated wood generated by the land clearing operation (e.g., untreated fence posts).

(8) “Land clearing operation” means the uprooting or clearing of vegetation in connection with construction for buildings and rights-of-way; land development; or mineral operations. It does not include landscaping and yard maintenance operations or other such routine property clean-up activities.

(9) “National Weather Service air stagnation advisory” is an advisory issued by the National Weather Service to caution local and regional agencies of meteorological conditions which are conducive to poor dispersion and that are expected to persist for at least 36 hours.

(10) “Open burning” means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the outdoor atmosphere without passing through a stack or chimney.

(11) “Open field” means any location in a well ventilated cleared area that is at least 200 feet in all directions from any wooded area or occupied building(s), and 100 feet from any public road.

(12) “Pesticide” means any substance or mixture substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses or fungi on or in living man or other animals, which the Department of Agriculture and Consumer Services shall declare to be a pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(13) “Sunset” is the official time the sun will set as set forth by the U.S. Naval Observatory (tables are available at National Weather Service offices and on the internet at www.usno.navy.mil).

(14) “Trash” means materials resulting from the construction, renovation or demolition of a structure, and other debris such as paper, cardboard, packing material, cloth, glass, street sweepings, vehicle tires and other like matter. The term does not include untreated wood or vegetative debris.

(15) “Treated wood” means wood coated or infused with paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate (CCA), or other wood preservatives or treatments.

(16) “Tree cutting debris” is debris consisting of trees, tree stumps, and tree limbs resulting from a tree removal or tree trimming operation.

(17) “Untreated wood” means wood (including lighter pine, tree trunks, limbs and stumps, shrubs, and lumber) which is free of paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate (CCA), and other wood preservatives or treatments.

(18) “Waste pesticide containers” means any containers made of combustible materials, including but not limited to paper, plastic, or burlap, which formerly contained pesticides and which the manufacturer or formulator provided as an end user conveyance for the specified product.

(19) “Yard waste” means vegetative matter resulting from landscaping and yard maintenance operations and other such routine property clean-up activities. It includes materials such as leaves, shrub trimmings, grass clippings, palm fronds, and brush. It does not include land clearing debris or tree cutting debris.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New 7-1-71, Amended 1-11-82, 7-30-85, Formerly 17-5.02, Amended 10-20-86, Formerly 17-5.020, 17-256.200, Amended 11-30-94, 7-6-05.

Fla. Admin. Code R. 62-256.300 Prohibitions

(1) General Prohibition. No person shall ignite, cause to be ignited, or permit to be ignited, any material which will result in any prohibited open burning as regulated by this chapter; nor shall any person suffer, allow, conduct or maintain any prohibited open burning.

(2) Prohibition on the Open Burning of Certain Materials.

(a) Except as provided at paragraph 62-256.300(2)(b), F.A.C., the open burning of biological waste, hazardous waste, asbestos-containing materials, mercury-containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, or trash is prohibited.

(b) Notwithstanding the provisions of paragraph 62-256.300(2)(a), F.A.C., certain otherwise prohibited materials may be burned for the training of firefighters in accordance with subsection 62-256.700(4), F.A.C.; waste pesticide containers may be burned in accordance with subsection 62-256.700(5), F.A.C.; animal carcasses may be burned in accordance with subsection 62-256.700(6), F.A.C.; and polyethylene agricultural plastic, untreated wood pallets, and packing material used in agriculture may be burned in accordance with subsection 62-256.700(7), F.A.C.

(c) Open burning of vegetative debris and untreated wood is prohibited except as provided at subsections 62-256.700(1), (2), (3), (8), (9), and (10), F.A.C., or subsection 62-296.320(3), F.A.C.

(3) Prohibition on Open Burning During Adverse Conditions. No open burning, including use of any air curtain incinerator exempted from permitting pursuant to Rule 62-210.300, F.A.C., shall be conducted during a National Weather Service Air Stagnation Advisory or Air Pollution Episode, or if the Department of Agriculture and Consumer Services, Florida Forest Service, has determined that weather conditions are unfavorable for safe burning.

(4) Applicability of Other Laws, Rules and Ordinances. Nothing in this chapter shall relieve any person from complying with any other applicable laws, rules, or ordinances, including Chapter 590, F.S.; rules of the Department of Agriculture and Consumer Services, Florida Forest Service; and ordinances of any local, county, or municipal government.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New 7-1-71, Amended 1-11-82, 7-30-85, Formerly 17-5.03, Amended 10-20-86, 8-26-87, Formerly 17-5.030, 17-256.300, Amended 11-30-94, 7-6-05, 10-6-08.

Fla. Admin. Code R. 62-256.700 Open Burning Allowed

(1) Open Burning of Yard Waste.

(a) Open burning of yard waste is allowed provided:

1. The yard waste was generated on residential premises of not more than two family units,

2. The open burning is conducted on the premises where the material was generated,

3. The fire is ignited after 8:00 a.m. Central time or 9:00 a.m. Eastern time and extinguished no later than one hour before sunset, provided however that no burning shall be conducted during windy conditions,

4. The fire is enclosed in a noncombustible container or is restricted to a pile no greater than eight feet in diameter built upon ground cleared of all combustible material,

5. The fire is set back at least 25 feet from any wildlands, brush, or combustible structure, 50 feet from any paved public roadway, and 150 feet from any occupied building other than that owned or leased by the individual doing the burning,

6. The fire is attended and adequate fire extinguishing equipment is readily available at all times; and,

7. The moisture content and composition of material to be burned is favorable to good burning which will minimize smoke.

(b) Except as provided above and at subsections 62-256.700(8) and (9), F.A.C., any other open burning of yard waste is allowed only if such burning is conducted using a Department-permitted air curtain incinerator operated in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit’s air permit.

(2) Open Burning of Tree Cutting Debris.

(a) Open burning of tree cutting debris is allowed provided:

1. The tree cutting debris was generated on residential premises of not more than two family units,

2. The open burning is restricted to the site where the tree cutting debris was generated,

3. The fire is ignited after 8:00 a.m. Central time or 9:00 a.m. Eastern Time) and shall have no visible flame one hour before sunset or anytime thereafter, except in smoke sensitive areas as determined by the Florida Forest Service, where the fire must be extinguished no later than one hour before sunset,

4. The fire is attended, and adequate fire extinguishing equipment is readily available at all times,

5. The moisture content and composition of material to be burned is favorable to good burning which will minimize smoke; and,

6. Prior to conducting the open burning, the person responsible for the burn contacts the Florida Forest Service regarding the planned burning activity.

(b) Except as provided above and at subsections 62-256.700(8) and (9), F.A.C., any other open burning of tree cutting debris shall be conducted using a Department-permitted air curtain incinerator operated in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit’s air permit.

(3) Open Burning of Land Clearing Debris.

(a) Open burning of land clearing debris is allowed provided:

1. The open burning is restricted to the site where the land clearing debris was generated,

2. The fire is ignited after 8:00 a.m. Central time or 9:00 a.m. (Eastern Time) and shall have no visible flame one hour before sunset or anytime thereafter, except in smoke sensitive areas as determined by the Florida Forest Service, where the fire must be extinguished no later than one hour before sunset,

3. The fire is attended, and adequate fire extinguishing equipment is readily available at all times,

4. The moisture content and composition of material to be burned is favorable to good burning which will minimize smoke; and,

5. Prior to conducting the open burning, the person responsible for the burn contacts the Florida Forest Service regarding the planned burning activity.

(b) Except as provided above, any other open burning of land clearing debris shall be conducted using an air curtain incinerator operated in compliance with the terms of the exemption from air permitting at Rule 62-210.300, F.A.C., if such exemption applies, or if such exemption does not apply, in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit’s air permit.

(4) Open Burning for the Training of Firefighters.

(a) Except as provided at paragraph 62-256.700(4)(b), F.A.C., open burning is allowed for the instruction and training of organized firefighters or industrial employees under the supervision of the appropriate public fire control official provided that all such burning is conducted at a fire training center certified by the Department of Financial Services, Division of State Fire Marshal, and does not involve the burning of any asbestos-containing materials, mercury-containing devices, or hazardous waste.

(b) A structure not on the premises of a certified fire training center may be burned for the instruction and training of organized firefighters provided the following conditions are met.

1. The burning activities shall be conducted under the auspices of a certified training center or by an organized fire department recognized by the Division of State Fire Marshal. Said activities shall be supervised by a fire training instructor certified by the Division of State Fire Marshal,

2. The burning shall be conducted in accordance with the National Fire Protection Association document, “Standard on Live Fire Training Evolutions, 2002 Edition (NFPA 1403),” hereby adopted and incorporated by reference, and available from the National Fire Protection Association, P.O. Box 9101, Quincy, MA 02269-9101,

3. The burning of the structure and disposal of the waste products shall be conducted in compliance with all applicable provisions of 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos, adopted and incorporated by reference at Rule 62-204.800, F.A.C.,

4. Prior to the structure being burned, all hazardous waste, mercury-containing devices, and vinyl siding shall be removed; and,

5. The Florida Forest Service and the Department shall be notified at least 10 business days in advance of the time and place of the burning exercise.

(5) Open Burning of Waste Pesticide Containers. Subject to all of the following conditions, waste pesticide containers may be burned in open fields by the owner of the crops, the owner’s authorized employee or caretaker, or by commercial pesticide applicators hired by the owner or caretaker.

(a) Plastic containers must be the original container provided by the pesticide manufacturer or formulator as end user conveyance for the specific product, and not reused containers designed for other products.

(b) Containers must be classified as Group I Containers and bear label instructions stating that small quantities of the containers may be burned in open fields by the user of the pesticide when such open burning is permitted by State and local regulations.

(c) The quantity of containers to be burned each day per parcel treated shall not exceed the amount accumulated during one day’s use of pesticide. No more than 500 pounds of pesticide containers shall be burned per day at any specific location. If more than one fire is to be set in any area each specific burning location shall be at least 1,000 yards from each other location at which burning will occur concurrently.

(d) All Group I Containers which are to be disposed by open burning shall be completely empty and free of residual material pursuant to the following criteria:

1. Plastic containers including inner liners shall be triple rinsed with the same kind of solvent used to dilute the spray mixture in the field. The rinse liquids from the containers shall be added to the spray mixture in the field.

2. Paper containers shall be emptied by a final shaking and tapping of the sides and bottom to remove clinging particles. All loosened particles shall be added to the spray mixture or application in the field.

(e) The open burning shall meet the following conditions:

1. The open burning is two hundred feet or more away from any farm workers or occupied buildings and is one hundred feet or more away from any public road.

2. The fire is ignited after 9:00 a.m. and is extinguished one hour before sunset of the same day.

3. The person responsible for the burning is in attendance at an upwind location from the fire for the entire period of the burn (until all flame and smoke have dissipated).

4. The open burning is enclosed in a noncombustible container or ground excavation covered by a metal grill.

(6) Open Burning of Animal Carcasses. Open burning of animal carcasses is allowed provided:

(a) The Department of Agriculture and Consumer Services has determined that the need for destruction of such carcasses constitutes an emergency requiring the use of open burning; and,

(b) Such burning is conducted using an air curtain incinerator operated in compliance with the terms of the exemption from air permitting at Rule 62-210.300, F.A.C., if such exemption applies, or if such exemption does not apply, in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit’s air permit.

(7) Open Burning Related to Agricultural Operations.

(a) Open burning of the following materials used in agricultural operations related to the growing, harvesting or maintenance of crops is allowed provided such burning is conducted in accordance with the provisions of Section 403.707(2)(e), F.S.

1. Polyethylene agricultural plastic,

2. Damaged, nonsalvageable, untreated wood pallets; and,

3. Packing material that cannot feasibly be recycled.

(b) Agricultural burning conducted under the authority of the Department of Agriculture and Consumer Services is not regulated under this chapter.

(8) Open Burning of Storm-Generated Debris. Open burning of storm-generated debris consisting only of vegetative debris and untreated wood is allowed provided:

(a) The open burning is conducted by or under the authority of the municipal or county government responsible for clean-up activities following a storm;

(b) Such burning is conducted using an air curtain incinerator operated in compliance with the terms of the exemption from air permitting at Rule 62-210.300, F.A.C., if such exemption applies, or if such exemption does not apply, in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit’s air permit; or such burning is pile burning conducted under the authority of the Florida Forest Service; and,

(c) By no later than 10 days after the start of the open burning, the local government or its agent provides a written notice to the Department describing the general nature of the materials being burned, the location of the burning activity, the method of burning being used, and the name, address, and telephone number of the local government representative to contact regarding the burning activity.

(9) Open Burning of Insect or Disease-Infested Vegetation. Open burning of insect or disease-infested vegetation is allowed provided:

(a) The Director of the Florida Forest Service has determined that the need for destruction of such vegetation constitutes an emergency requiring the use of open burning; and,

(b) Such burning is conducted using an air curtain incinerator operated in compliance with the terms of the exemption from air permitting at Rule 62-210.300, F.A.C., if such exemption applies, or if such exemption does not apply, in compliance with the provisions of Rule 62-296.401, F.A.C., and any other terms of the unit’s air permit; or such burning is pile burning conducted under the authority of the Florida Forest Service.

(10) Recreational Open Burning. Nothing in this chapter shall be construed to prohibit the open burning of vegetative debris and untreated wood in a campfire, ceremonial bonfire, outdoor fireplace, or other contained outdoor heating or cooking device, or on cold days for warming of outdoor workers.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.707 FS. History–New 7-1-71, Amended 1-11-82, 10-10-82, 7-30-85, Formerly 17-5.09, Amended 10-20-86, 8-26-87, 11-23-88, Formerly 17-5.090, 17-256.700, Amended 11-30-94, 7-6-05, 10-6-08.

Chapter 62-257 ASBESTOS PROGRAM

Fla. Admin. Code R. 62-257.100 Purpose and Scope

History

• Rulemaking Authority 376.60, 403.061 FS. Law Implemented 376.60, 403.061 FS. History–New 3-31-94, Formerly 17-257.100, Amended 11-23-94, 3-24-96, 2-9-99, Repealed 2-16-12.

Fla. Admin. Code R. 62-257.200 Definitions

The following definitions are used to implement Chapter 62-257, F.A.C. Definitions that reference 40 C.F.R. Part 61, Subpart M, are adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(1) “Asbestos” means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite and includes trade acronyms products such as amosite.

(2) “Asbestos Consultant” means a person licensed as an asbestos consultant in the state of Florida, who offers to, undertakes to, submits a bid to, or does, individually or by employing others, conduct surveys for asbestos-containing materials, develop operation and maintenance plans, monitor and evaluate asbestos abatement, prepare asbestos abatement specifications, or perform related tasks.

(3) “Asbestos Contractor” means a person licensed as an asbestos contractor in the state of Florida who is qualified and responsible for the contracted project and who offers to, undertakes to, submits a bid to, or does, individually or by employing others, remove, encapsulate, or enclose asbestos-containing materials or dispose of asbestos-containing waste in the course of activities including, but not limited to, construction, renovation, maintenance, or demolition.

(4) “Asbestos-containing materials” means Regulated Asbestos-Containing Material, Category I Nonfriable Asbestos-Containing Material, or Category II Nonfriable Asbestos-Containing Material.

(5) “Asbestos removal project” means a renovation or demolition operation in a facility that involves the removal of a threshold amount of regulated asbestos-containing material.

(6) “Category I Nonfriable Asbestos-Containing Material (ACM)” means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in Appendix A, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy.

(7) “Category II Nonfriable ACM” means any material, excluding Category I Nonfriable ACM, containing more than 1 percent asbestos as determined using the methods specified in Appendix A, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

(8) “Department” means the Florida Department of Environmental Protection.

(9) “Demolition” means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility.

(10) “Emergency renovation operation” means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment.

(11) “Facility” means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to 40 C.F.R. 61, Subpart M, is not excluded, regardless of its current use or function.

(12) “Facility component” means any part of a facility including equipment.

(13) “Friable Asbestos Material” means any material containing more than 1 percent asbestos as determined using the method specified in Appendix A, Subpart E, 40 C.F.R. Part 763 Section 1, Polarized Light Microscopy that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by Polarized Light Microscopy (PLM), verify the asbestos content by point counting using PLM.

(14) “Installation” means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control).

(15) “Local Air Program,” for purposes of Chapter 62-257, F.A.C., only, means a county air pollution control program which meets the criteria of Section 403.182(1), F.S.

(16) “Nonscheduled renovation operation” means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted.

(17) “Notification” or Notice” means Notice of Renovation or Demolition Form, DEP Form Number 62-257.900(1) as adopted and incorporated in Rule 62-257.301, F.A.C.

(18) “Ordered demolition” means a demolition under an order of a State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse.

(19) “Owner or operator” means any person or entity who owns, leases, operates, controls, or supervises either the renovation or demolition operation or the site of the renovation or demolition operation.

(20) “Planned renovation operation” means a renovation operation, or a number of such operations, in which regulated asbestos-containing material will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.

(21) “Renovation” means the alteration in any way of a facility or of one or more facility components. Operations in which load-supporting structural members are wrecked or taken out are demolitions.

(22) “Regulated Asbestos-Containing Material (RACM)” means:

(a) Friable asbestos material;

(b) Category I nonfriable ACM that has become friable;

(c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or

(d) Category II nonfriable ACM that has become crumbled, pulverized, or reduced to powder or has a high probability of becoming crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by 40 C.F.R. Part 61, Subpart M, as adopted in Rule 62-204.800, F.A.C.

(23) “Residential exemption” means an asbestos removal, renovation, or demolition project exempt from the survey and notification requirements of this chapter. This exemption applies to a residential building having no more than four dwelling units. This exemption does not apply to

(a) any institutional, commercial, public, or industrial structure;

(b) any installation;

(c) any structure or building (including a residential building) demolished as part of a larger project;

(d) any structure or building used partly for residential purposes and partly for commercial, public, or industrial use;

(e) any structure or building containing condominiums or individual dwelling units operated as a residential cooperative (since this meets the definition of “facility”); or

(f) any structure or building that previously met the definition of a “facility,” regardless of its present use.

(24) "Resilient floor covering" means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined using polarized light microscopy (PLM) according to the method specified in Appendix E, Subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy.

(25) “State Asbestos Coordinator” means the person designated by the Director of the Department’s Division of Air Resources Management to serve as the statewide coordinator for the asbestos program.

(26) “Survey” means the process of inspecting a facility or installation for the presence of asbestos-containing materials to determine the amount, location, and condition of asbestos-containing materials prior to transfer of property, renovation, demolition, or maintenance projects which may disturb asbestos-containing materials.

(27) “Threshold amount of regulated asbestos-containing material” means at least 260 linear feet (80 linear meters) on pipes, or at least 160 square feet (15 square meters) on other facility components, or at least 35 cubic feet (1 cubic meter) of facility components where the length or area could not be measured previously.

(28) “Working day” means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.

History

• Rulemaking Authority 376.60, 403.061 FS. Law Implemented 376.60, 403.061 FS. History–New 3-31-94, Formerly 17-257.200, Amended 11-23-94, 2-9-99, 3-23-25.

Fla. Admin. Code R. 62-257.300 Applicability

History

• Rulemaking Authority 376.60 FS. Law Implemented 376.60 FS. History–New 3-31-94, Formerly 17-257.300, Amended 11-23-94, Repealed 3-24-96.

Fla. Admin. Code R. 62-257.301 Notification Procedure and Fee

(1) Survey Required. The owner or operator of a renovation or a demolition at a facility must complete a survey of the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos before commencing the planned renovation or demolition. The asbestos survey must be conducted by a licensed asbestos consultant, except as provided at Section 469.002, F.S.

(2) Survey not Required. The owner or operator of a renovation or demolition is not required to conduct a survey if:

(a) The total project size is less than:

1. Two hundred sixty (260) linear feet (eighty (80) linear meters) on pipes;

2. One hundred sixty (160) square feet (Fifteen (15) square meters) of other facility components; or

3. Thirty-five (35) cubic feet (One (1) cubic meter) of facility components where the length or area could not be measured previously.

(b) The renovation or demolition project qualifies for the “residential exemption” defined in 62-257.200, F.A.C.

(3) Notification Required. The owner or operator of a renovation or demolition at a facility is required to submit the “Notice of Renovation or Demolition Form” (Form 62-257.900(1)), electronically through the Department’s Business Portal at http://www.fldepportal.com/go, effective March 2025, or by hardcopy, herein adopted and incorporated by reference, effective March 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-17896), to the Local Air Program or where there is no delegated Local Air Program, to the Department’s District Office having jurisdiction over the facility. Copies of the form and instructions may be obtained by writing to the State Asbestos Coordinator, Division of Air Resource Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The form is also available on the internet at www.floridadep.gov/air or at the Department’s District Offices or at Local Air Program offices.

(a) The notice will be complete when the owner or operator legibly provides all the information requested on the Department’s form, and must include a copy of the survey required by subsection 62-257.301(1), F.A.C. If applicable, the additional information required by 40 C.F.R. 61.145(b), adopted and incorporated by reference in Rule 62-204.800, F.A.C., for ordered demolitions or emergency renovation operations must also be attached.

(b) The notice will be timely when the owner or operator mails it or delivers it to the Local Air Program or, where there is no Local Air Program, to the Department’s District Office having jurisdiction over the site of the renovation or demolition operation, so that it is postmarked or received:

1. At least 10 working days prior to the start of the renovation or demolition operation, or

2. No later than the following working day after an emergency renovation operation or ordered demolition, or

3. At least 10 working days prior to the end of the calendar year preceding the year for which a planned renovation operation notice is being given.

(c) The owner or operator who submits a single planned renovation operation notification involving small individual nonscheduled operations shall indicate on the notice form the total amount of regulated asbestos-containing material predicted to be removed during the calendar year based on operating experience.

(d) If after the start of the project it is determined that at least 20 percent more regulated asbestos-containing material than originally reported to the Department is to be removed, the owner or operator shall submit a revised notification according to Rule 62-257.301, F.A.C.

(e) This notification form, when complete and timely submitted, will satisfy the notification requirements of the EPA’s National Emission Standards for Asbestos, 40 CFR 61.145(b).

(f) Notification Exemptions. The owner or operator of a renovation or demolition is not required to submit a “Notice of Renovation or Demolition Form” if:

1. The renovation or demolition project meets the definition of “residential exemption”; or

2. The renovation involves less than the threshold amount of regulated asbestos-containing material.

(g) Fee Required. Except as noted in paragraph 62-257.301(3)(h), F.A.C., each asbestos removal project fee shall be calculated in accordance with the following fee schedule

1. Electronic Submittal through the Department’s Business Portal with concurrent electronic payment: $100.00 Flat Fee

2. Electronic Submittal through the Department’s Business Portal with no concurrent electronic payment: $200.00 Flat Fee

3. Hard Copy Submittal of Florida DEP Asbestos Notification Form, DEP Form 62-257.900(1): $200.00 Flat Fee

(h) Fee Exemptions. The owner or operator of an asbestos removal project is not required to pay a fee to the Department under the following circumstances.

1. The asbestos removal project involves schools, colleges, or universities.

2. The asbestos removal project is located in Broward, Hillsborough, Miami-Dade, Orange, Palm Beach, Pinellas, or Sarasota counties; and is not at a county-owned facility. In this circumstance, the owner or operator will be invoiced by the local program office according to their local fee schedule.

History

• Rulemaking Authority 376.60, 403.061 FS. Law Implemented 376.60, 403.061 FS. History–New 3-31-94, Formerly 17-257.301, Amended 11-23-94, 3-24-96, 2-9-99, 10-12-08, 3-23-25.

Fla. Admin. Code R. 62-257.350 National Emission Standard for Asbestos

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 10-23-94, Repealed 3-24-96.

Fla. Admin. Code R. 62-257.400 Fee Schedule

History

• Rulemaking Authority 376.60 FS. Law Implemented 376.60 FS. History–New 3-31-94, Formerly 17-257.400, Amended 11-23-94, 2-9-99, Repealed 3-23-25.

Fla. Admin. Code R. 62-257.401 Enforcement

History

• Rulemaking Authority 376.60, 403.161 FS. Law Implemented 376.60, 403.161 FS. History–New 3-31-94, Formerly 17-257.401, Repealed 12-31-95.

Fla. Admin. Code R. 62-257.900 Form

History

• Rulemaking Authority 376.60, 403.061 FS. Law Implemented 376.60, 403.061 FS. History–New 3-31-94, Formerly 17-257.900, Amended 11-23-94, 2-9-99, 10-12-08, Repealed 3-23-25.

Chapter 62-281 MOTOR VEHICLE AIR CONDITIONING REFRIGERANT RECOVERY AND RECYCLING

Fla. Admin. Code R. 62-281.100 Purpose, Scope, and Compliance Requirements for Affected Establishments

History

• Rulemaking Authority 325.223, 403.061 FS. Law Implemented 325.223 FS. History–New 5-1-91, Amended 4-16-92, Formerly 17-281.100, Amended 12-26-95, 9-10-96, Repealed 2-16-12.

Chapter 62-285 GREENHOUSE GAS EMISSIONS REDUCTION

Fla. Admin. Code R. 62-285.400 Adoption of California Motor Vehicle Emission Standards

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New 2-15-09, Repealed 2-16-12.

Fla. Admin. Code R. 62-285.420 Heavy-Duty Vehicle Idling Reduction

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New 12-15-08, Repealed 2-16-12.

Fla. Admin. Code R. 62-285.421 Clean Diesel Rebate Program

(1) Rebates Available. The Department of Environmental Protection (Department) makes available Clean Diesel Rebates in an amount equal to $1,500.00 per qualifying vehicle for eligible applicants that equip their vehicles with auxiliary power units (APUs). Funding for the Clean Diesel Rebate program is limited and will be awarded on a first-come, first-served basis starting March 15, 2009, and continuing while rebate funds are still available. If more eligible applications than remaining funds can cover are postmarked on the same day, rebates will be awarded to such applicants, as funds allow, on the basis of earliest APU installation date. Availability of rebate funds may be checked online at https://floridadep.gov/air/air-business-planning/documents/clean-diesel-rebate-form.

(2) Eligibility.

(a) The eligible applicant for a Clean Diesel Rebate must be an individual or corporate owner of a qualifying vehicle.

(b) The APU must be purchased and professionally installed on the qualifying vehicle in 2009 or later.

(c) The total invoice price of the APU and installation less taxes must be greater than or equal to $1,500.00.

(d) The Department shall not award multiple rebates for a single qualifying vehicle or rebates for more than three separate qualifying vehicles to any one applicant.

(e) For the purposes of this rule:

1. A qualifying vehicle is a 2006 or older Florida-registered Class 8 on-road commercial diesel vehicle equipped with a sleeper berth and a 2006 or older vehicle engine.

2. A Class 8 vehicle means a vehicle with a manufacturer’s gross vehicle weight rating greater than 33,001 pounds.

3. An auxiliary power unit (APU) means:

a. A manufactured device that contains an engine certified under 40 C.F.R. Part 89, as adopted and incorporated by reference at Rule 62-204.800, F.A.C., designed to eliminate the need for the vehicle’s main drive engine to supply cooling, heating and electrical power to the Class 8 diesel truck upon which it is installed, or

b. A manufactured device that contains a battery powered system designed to eliminate the need for the vehicle’s main drive engine to supply cooling, heating and electrical power to the Class 8 diesel truck upon which it is installed.

(3) Application.

(a) The applicant for a Clean Diesel Rebate must submit a completed Clean Diesel Rebate Application form (DEP Form 62-285.421(1), effective March 15, 2009, hereby adopted and incorporated by reference (https://flrules.org/Gateway/reference.asp?No=Ref-19885)) to the Department after purchase and professional installation of the APU. The form is available from the Department of Environmental Protection, Division of Air Resource Management, 2600 Blair Stone Road, MS #5510, Tallahassee, FL 32399-2400, and on the internet at https://floridadep.gov/air/air-business-planning/documents/clean-diesel-rebate-form.

(b) The applicant must also submit a photocopy of the Florida vehicle registration; a photocopy of the signed original APU purchase invoice showing installation date, equipment and labor cost, and payment received; and a photograph of the diesel vehicle and installed APU. Failure to provide all required information and supporting documentation, or submission of false or incorrect information, will result in a delay or denial of the rebate.

(c) The signed and dated original application form and the required supporting documentation must be mailed on or after March 15, 2009 to:

airresource@dep.state.fl.us, or

Department of Environmental Protection

Division of Air Resource Management

2600 Blair Stone Road, MS #5510

Tallahassee, FL 32399-2400

ATTN: Clean Diesel Rebate Program

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New 3-15-09, Reviewed 9-2-26.

Chapter 62-296 STATIONARY SOURCES - EMISSION STANDARDS

Fla. Admin. Code R. 62-296.100 Purpose and Scope

(1) The Department of Environmental Protection adopts this chapter to establish emission limiting standards and compliance requirements for stationary sources of air pollutant emissions.

(2) The chapter includes emission limitations for specific categories of facilities and emissions units, and it establishes reasonably available control technology requirements. Where work practice standards, including requirements for specific types of pollution control equipment, are provided for in this chapter, such standards shall be of the same force and effect as emission limiting standards. The emission limiting and work practice standards of Rule 62-296.320, F.A.C., and Rules 62-296.401 through 62-296.480, F.A.C., are applicable statewide. The reasonably available control technology requirements are established for specific areas of the state as set forth in Rules 62-296.500, 62-296.600, and 62-296.700, F.A.C.

(3) A facility or emissions unit subject to any standard or requirement of 40 CFR. Part 60, 61, 63 or 65, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall comply with such standard or requirement. Nothing in this chapter shall relieve a facility or emissions unit from complying with such standard or requirement, provided, however, that where a facility or emissions unit is subject to a standard established in this chapter, such standard shall also apply.

(4) Words and phrases used in this chapter, unless clearly indicated otherwise, are defined at Rule 62-210.200, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 11-23-94, Amended 3-13-96, 10-6-08.

Fla. Admin. Code R. 62-296.200 Definitions

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.025, 403.031, 403.061, 403.087 FS. History–New 11-17-92, Formerly 17-2.100, Amended 12-2-92, 2-2-93, 6-11-93, 10-5-93, 8-8-94, Formerly 17-296.200, Amended 11-23-94, 4-18-95, 1-1-96, Repealed 3-13-96.

Fla. Admin. Code R. 62-296.310 General Particulate Emission Limiting Standards

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-23-94, Formerly 17-2.610, 17-296.310, Amended 1-1-96, Repealed 3-13-96.

Fla. Admin. Code R. 62-296.320 General Pollutant Emission Limiting Standards

(1) Volatile organic compounds emissions or organic solvents emissions – No person shall store, pump, handle, process, load, unload or use in any process or installation, volatile organic compounds or organic solvents without applying known and existing vapor emission control devices or systems deemed necessary and ordered by the Department.

(2) Objectionable Odor Prohibited – No person shall cause, suffer, allow or permit the discharge of air pollutants which cause or contribute to an objectionable odor.

(3) Permitted Open Burning. Open burning in connection with industrial, commercial, institutional, or governmental operations is allowed only as provided at Chapter 62-256, F.A.C., or when:

(a) Open burning is determined by the Department to be the only available method of disposal and is authorized by an air permit; and

(b) Such open burning does not involve any material prohibited from being burned at Rule 62-256.300, F.A.C.

(4) General Particulate Emission Limiting Standards. The following emission limiting standards shall apply to emissions units of particulate matter not subject to a particulate emission limit or opacity limit set forth in or established elsewhere in this chapter.

(a) Process Weight Table.

1. Applicability. The emission limitations set forth in subparagraph 62-296.320(4)(a)2., F.A.C., below, shall apply to any emissions unit which processes raw materials to produce a finished product through a chemical or physical change, except emissions units which:

a. Burn fuel to produce heat or power by indirect heating where the products of combustion do not come in contact with the process materials.

b. Burn refuse.

c. Salvage materials by burning.

2. Particulate Matter Emissions Standard – No person shall cause, let, permit, suffer or allow the emission of particulate matter through a stack or vent, from any emissions unit subject to this rule in total quantities in excess of the amount shown in Table 296.320-1. Interpolation of the data in Table 296.320-1 for the process weight rates up to 30 tons per hour shall be accomplished by use of the equation: E = 3.59P 0.62 , where P is less than or equal to 30 tons per hour. Interpolation and extrapolation of the data for process weight rates in excess of 30 tons per hour shall be accomplished by use of the equation: E = 17.31P 0.16 , where P is greater than 30 tons per hour. In both equations: E = emissions in pounds per hour and P = process weight rate in tons per hour.

PROCESS WEIGHT TABLE TABLE 296.320-1

Process Rate

Emission Rate

(Tons Per Hour)

(Pounds Per Hour)

.025

0.36

.050

0.56

.250

1.52

.50

2.34

2.50

6.34

5

9.74

10

14.97

30

29.57

40

31.23

60

33.33

80

34.90

100

36.17

200

40.41

500

46.79

3. Particulate Matter Emissions Test Method and procedures. All particulate matter emissions tests performed pursuant to the requirements of this rule shall comply with the following provisions.

a. Emissions units incorporating a scrubber for control of particulate matter shall use the following test methods.

(I) Citrus Plants. The test method for particulate emissions shall be EPA Method 5, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C. An acetone wash shall be used. The minimum sample volume shall be 32 dry standard cubic feet.

(II) All Others. The test method for particulate emissions shall be EPA Method 5, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C. An acetone wash shall be used.

b. Emissions units incorporating dry controls for control of particulate matter shall use the following test methods.

(I) Phosphate Processing. The test method for particulate emissions shall be EPA Method 5, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C. An acetone wash shall be used. The minimum sample volume shall be 30 dry standard cubic feet.

(II) All Others. The test method for particulate emissions shall be EPA Method 17, with an acetone wash and an average stack temperature below 275 degrees Fahrenheit, or EPA Method 5 with an acetone wash. EPA Method 17 is described at 40 C.F.R. Part 60, Appendix A-6; and EPA Method 5 is described at 40 C.F.R. Part 60, Appendix A-3. These test methods are adopted and incorporated by reference at Rule 62-204.800, F.A.C.

c. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

(b) General Visible Emissions Standard.

1. No person shall cause, let, permit, suffer or allow to be discharged into the atmosphere the emissions of air pollutants from any activity, the density of which is equal to or greater than 20 percent opacity.

2. Notwithstanding subparagraph 62-296.320(4)(b)1., F.A.C. above, the owner or operator of an emissions unit subject to the general visible emission standard may request the Department to establish a higher visible emissions standard for that emissions unit. The owner or operator may request that a visible emissions standard be established at that level at which the emissions unit will be able, as indicated by compliance tests, to meet the opacity standard at all times during which the emissions unit is meeting the applicable particulate matter standard. The Department shall establish such a standard, through the permitting process, if it finds that:

a. The emissions unit was in compliance with the applicable particulate emission standard while a compliance test was being conducted but failed to comply with the general visible emissions standard during the test,

b. The emissions unit and associated air pollution control equipment were operated and maintained in a manner to minimize the opacity emissions during the compliance test; and,

c. The emissions unit and associated air pollution control equipment were incapable of being adjusted or operated in such a manner as to meet the opacity standard.

3. If the presence of uncombined water is the only reason for failure to meet visible emission standards given in this rule, such failure shall not be a violation of this rule.

4. All visible emissions tests performed pursuant to the requirements of this rule shall comply with the following provisions.

a. The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

b. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

(c) Unconfined Emissions of Particulate Matter.

1. No person shall cause, let, permit, suffer or allow the emissions of unconfined particulate matter from any activity, including vehicular movement; transportation of materials; construction, alteration, demolition or wrecking; or industrially related activities such as loading, unloading, storing or handling; without taking reasonable precautions to prevent such emissions.

2. Any permit issued to a facility with emissions of unconfined particulate matter shall specify the reasonable precautions to be taken by that facility to control the emissions of unconfined particulate matter.

3. Reasonable precautions include the following:

a. Paving and maintenance of roads, parking areas and yards.

b. Application of water or chemicals to control emissions from such activities as demolition of buildings, grading roads, construction, and land clearing.

c. Application of asphalt, water, oil, chemicals or other dust suppressants to unpaved roads, yards, open stock piles and similar activities.

d. Removal of particulate matter from roads and other paved areas under the control of the owner or operator of the facility to prevent reentrainment, and from buildings or work areas to prevent particulate from becoming airborne.

e. Landscaping or planting of vegetation.

f. Use of hoods, fans, filters, and similar equipment to contain, capture and/or vent particulate matter.

g. Confining abrasive blasting where possible.

h. Enclosure or covering of conveyor systems.

4. In determining what constitutes reasonable precautions for a particular facility, the Department shall consider the cost of the control technique or work practice, the environmental impacts of the technique or practice, and the degree of reduction of emissions expected from a particular technique or practice.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.620, 17-296.320, Amended 1-1-96, Amended 3-13-96, 10-6-08, 7-10-14.

Fla. Admin. Code R. 62-296.330 Best Available Control Technology (BACT)

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-23-94, Formerly 17-2.630, 17-296.330, Amended 1-1-96, Repealed 3-13-96.

Fla. Admin. Code R. 62-296.340 Best Available Retrofit Technology

(1) Applicability. This rule applies to all BART-eligible sources as defined at 40 C.F.R. 51.301, adopted and incorporated by reference at Rule 62-204.800, F.A.C. Failure of the Department to include a particular BART-eligible source on any list of BART-eligible sources it produces does not relieve the owner or operator of such source from responsibility to comply with the requirements of this rule.

(2) Definitions. For the purposes of this rule:

(a) All definitions at 40 C.F.R. 51.301 shall apply, including the definition of “Best Available Retrofit Technology (BART)” contained therein.

(b) The term “CAIR Program” shall mean the requirements of 40 C.F.R. 52.540 and 52.541, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or it shall have the meaning given at Rule 62-210.200, F.A.C., whichever is applicable.

(c) The term “Class I area” shall mean any mandatory Class I federal area where visibility is an important value, as set forth at 40 C.F.R. Part 81, Subpart D, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(3) Requirements.

(a) Unless exempted under subsection 62-296.340(5), F.A.C., the owner or operator of a BART-eligible source shall install, operate, and maintain BART, as determined by the Department, for each emissions unit and each pollutant for which a BART determination is required.

1. The Department shall determine BART for all BART-eligible sources in accordance with the criteria of 40 C.F.R. 51.308(e) and the procedures and guidelines contained in 40 C.F.R. Part 51, Appendix Y, each adopted and incorporated by reference at Rule 62-204.800, F.A.C.

2. The pollutants for which a BART determination is required are those pollutants identified as visibility-impairing pollutants in 40 C.F.R. Part 51, Appendix Y, excluding volatile organic compounds, ammonia, and ammonia compounds, except that:

a. A BART determination shall not be required for sulfur dioxide or for nitrogen oxides if the BART-eligible source has the potential to emit less than 40 tons per year of such pollutant(s), or for PM10 if the BART-eligible source has the potential to emit less than 15 tons per year of such pollutant.

b. A BART determination shall not be required for sulfur dioxide or for nitrogen oxides for any electric generating unit at a BART-eligible source that is subject to the CAIR Program.

(b) The Department shall articulate the basis for its BART determination(s) in an air construction permit.

1. The owner or operator of a BART-eligible source subject to the requirement for BART determination under paragraph 62-296.340(3)(a), F.A.C., shall perform a BART evaluation for each emissions unit comprising the BART-eligible source and for each pollutant for which a BART determination is required. The BART evaluation shall be performed in accordance with the criteria of 40 C.F.R. 51.308(e) and the procedures and guidelines contained in 40 C.F.R. Part 51, Appendix Y. The BART evaluation and proposed BART determination(s) shall be submitted to the Department in an application for an air construction permit not later than January 31, 2007.

2. The air construction permit issued by the Department shall require the owner or operator of the BART-eligible source to comply with BART as expeditiously as practicable, but not later than December 31, 2013. Such permit shall also require an operation and maintenance plan for any control equipment required by the BART determination.

3. Before taking final agency action on any air construction permit application to establish its BART determination(s), the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and, in its intent to issue, provide an opportunity for public comment which shall include at a minimum the following:

a. Pursuant to Chapter 119, F.S., a complete file available for public inspection at its Tallahassee offices which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S., and the Department’s preliminary BART determination(s);

b. A 30-day period for submittal of public comments; and,

c. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the BART-eligible source and the location of the information specified in sub-subparagraph 62-296.340(3)(b)3.a., F.A.C., and notifying the public of the opportunity for submitting comments. The notice shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action.

(4) Optional Reasonable Progress Evaluation. An electric generating unit that is part of a BART-eligible source and also subject to the CAIR Program shall not be subject to further emissions reductions to meet Florida’s reasonable progress goal for 2018 for any Class I area pursuant to the requirements of 40 C.F.R. 51.308(d)(1), provided that the owner or operator:

(a) Performs a unit-specific BART evaluation for sulfur dioxide and nitrogen oxides in accordance with the criteria of 40 C.F.R. 51.308(e) and the procedures and guidelines contained in 40 C.F.R. Part 51, Appendix Y, and submits such evaluation and proposed BART-equivalent emission limitations for sulfur dioxide and nitrogen oxides to the Department in an application for an air construction permit; and,

(b) Accepts an air construction permit wherein the Department establishes BART-equivalent emission limitations for sulfur dioxide and nitrogen oxides for the unit.

(c) In establishing BART-equivalent emission limitations pursuant to this subsection, the Department shall use the criteria of 40 C.F.R. 51.308(e) and the procedures and guidelines contained in 40 C.F.R. Part 51, Appendix Y, each adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(d) The air construction permit issued by the Department shall require the owner or operator of the unit to comply with the BART-equivalent emission limitations as expeditiously as practicable, but not later than December 31, 2013, if the permit is issued on or before December 31, 2008; or the earlier of December 31, 2017, or the date five years after permit issuance, if the permit is issued after December 31, 2008.

(e) Before taking final agency action on any air construction permit application to establish its BART-equivalent emission limitations, the Department shall provide opportunity for public comment in accordance with the provisions of subparagraph 62-296.340(3)(b)3., F.A.C.

(f) BART-equivalent emission limitations for sulfur dioxide and nitrogen oxides established pursuant to this subsection are separate and distinct from the BART requirements of subsection 62-296.340(3), F.A.C. Noncompliance with a BART-equivalent emission limitation established pursuant to this subsection shall not constitute noncompliance with BART.

(5) Exemptions.

(a) A BART-eligible source may demonstrate that it is exempt from the requirement for BART determination for all pollutants by documenting that:

1. The sum of its potential emissions of sulfur dioxide, nitrogen oxides, and particulate matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides in terms of its light extinction efficiency) is less than 500 tons per year and the source is located greater than 50 kilometers from all Class I areas, or

2. The sum of its potential emissions of sulfur dioxide, nitrogen oxides, and particulate matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides in terms of its light extinction efficiency) is less than 1,000 tons per year and the source is located greater than 100 kilometers from all Class I areas.

(b) A BART-eligible source comprising only electric generating units that are subject to the CAIR Program and other emissions units that emit no visibility-impairing pollutants other than particulate matter may demonstrate that it is exempt from the requirement for BART determination for all pollutants by documenting that:

1. Its potential emissions of particulate matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides in terms of its light extinction efficiency) are less than 500 tons per year and the source is located greater than 50 kilometers from all Class I areas, or

2. Its potential emissions of particulate matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides in terms of its light extinction efficiency) are less than 1,000 tons per year and the source is located greater than 100 kilometers from all Class I areas.

(c) If unable to claim exemption pursuant to paragraph 62-296.340(5)(a) or (b), F.A.C., a BART-eligible source may demonstrate that it is exempt from the requirement for BART determination for all pollutants by performing an individual source attribution analysis in accordance with the procedures contained in 40 C.F.R. Part 51, Appendix Y. A BART-eligible source is exempt from BART determination requirements if its contribution to visibility impairment, as determined below, does not exceed 0.5 deciviews above natural conditions in any Class I area.

1. For electric generating units subject to the CAIR Program, the source attribution analysis need only consider particulate matter emissions (including primary sulfate) for comparison with the contribution threshold.

2. For all other units, the source attribution analysis shall consider sulfur dioxide, nitrogen oxides, and particulate matter emissions collectively for comparison with the contribution threshold.

(d) If the owner or operator of a BART-eligible source requests exemption from the requirement for BART determination for all pollutants by submitting its source attribution analysis or other supporting documentation to the Department not later than January 31, 2007, and the Department ultimately grants such exemption, the requirement for submission of an air construction permit application pursuant to subparagraph 62-296.340(3)(b)1., F.A.C., shall not apply. If the Department denies such exemption, the owner or operator shall submit an application for air construction permit containing a BART evaluation and proposed BART determination(s) to the Department not later than January 31, 2007, or thirty (30) days after receipt of the Department’s denial, whichever is later.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 1-31-07.

Fla. Admin. Code R. 62-296.341 Regional Haze – Reasonable Progress Control Technology

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-7-08, Repealed 3-28-12.

Fla. Admin. Code R. 62-296.400 Specific Emission Limiting and Performance Standards

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 10-5-93, Formerly 17-2.600, 17-296.400, Amended 10-23-94, Repealed 3-13-96.

Fla. Admin. Code R. 62-296.401 Incinerators

(1) Small Incinerators. Any incinerator, other than a biological waste incinerator, human or animal crematory, or air curtain incinerator, with a charging rate of less than 50 tons per day shall comply with the following requirements.

(a) Emission Limiting Standards. Visible emissions shall not exceed 5% opacity except that visible emissions not exceeding 15% opacity are allowed for one six-minute period in any one-hour period.

(b) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection shall comply with the following requirements.

1. The reference test method for visible emissions shall be EPA Method 9, as described at 40 CFR, Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

2. Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

(c) Frequency of Testing. The owner or operator of an incinerator subject to this subsection shall have a performance test conducted for visible emissions prior to submitting the application for an initial air operation permit, and annually thereafter.

(2) Existing incinerators, other than those which are operated or utilized for the disposal or treatment of biological waste, with a charging rate equal to or greater than 50 tons per day shall comply with the following requirements. For the purposes of this subsection, an “existing incinerator” is an incinerator which was in existence, in operation, or under construction, or had received a permit to begin construction prior to January 18, 1972.

(a) Particulate matter – 0.1 grains per standard cubic foot dry gas corrected to 50 percent excess air.

(b) No objectionable odor allowed.

(c) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

1. The test method for particulate emissions shall be EPA Method 5, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at rule 62-204.800, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. EPA Method 3 or 3A, using Orsat analysis is required for percent excess air correction. EPA Methods 3 and 3A, are described at 40 C.F.R. Part 60, Appendix A-2, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

2. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

(d) Calculations Correcting Concentrations to 50% Excess Air (EA), EPA Method 3, Section 1.2. When correcting a pollutant emission concentration to 50% excess air, pursuant to this rule, the following equation shall be used:

Cs50 = Cs (100 + %EA)

150

Equation 296.401-1

where: Cs50 is the pollutant concentration at 50% excess air;

Cs is the pollutant concentration computed at standard conditions on a dry basis; and %EA is calculated by equation 296.401-2:

%EA = (%O2 - 0.5%CO) × 100

0.264%N2 - (%O2 - 0.5%CO)

Equation 296.401-2

(3) New incinerators, other than those which are operated or utilized for the disposal or treatment of biological waste, with a charging rate equal to or greater than 50 tons per day shall comply with the following requirements. For the purposes of this subsection, a “new incinerator” is any incinerator other than an “existing incinerator” as described for the purposes of subsection 62-296.401(2), F.A.C.

(a) Particulate matter – .08 grains per standard cubic foot dry gas corrected to 50 percent excess air.

(b) No objectionable odor allowed.

(c) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

1. The test method for particulate emissions shall be EPA Method 5, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. EPA Method 3 or 3A, using Orsat analysis is required for percent excess air correction. EPA Methods 3 and 3A, are described at 40 C.F.R. Part 60, Appendix A-2, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

2. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

(d) Calculations Correcting Concentrations to 50% Excess Air (EA), EPA Method 3, Section 1.2. When correcting a pollutant emission concentration to 50% excess air, pursuant to this rule, the following equation shall be used:

Cs50 = Cs (100 + %EA)

150

Equation 296.401-1

where: Cs50 is the pollutant concentration at 50% excess air;

Cs is the pollutant concentration computed at standard conditions on a dry basis; and %EA is calculated by equation 296.401-2:

%EA = (%O2 - 0.5%CO) × 100

0.264%N2 - (%O2 - 0.5%CO

Equation 296.401-2

(4) Biological Waste Incinerators.

(a) Applicability. The requirements of this subsection apply to all biological waste incinerator units.

1. Any biological waste incinerator unit that is also regulated as a hospital/medical/infectious waste incinerator under 40 C.F.R. Part 60, Subpart Ec or Ce, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall be constructed and operated so as to comply with all standards, limitations, and requirements of the applicable Subpart, and with the requirements of paragraphs 62-296.401(4)(b)-(f), F.A.C., to the extent that such requirements are stricter than, or supplemental to, the requirements of the applicable Subpart.

2. Any biological waste incinerator unit that is not regulated as a hospital/medical/infectious waste incinerator under 40 C.F.R. Part 60, Subpart Ec or Ce, shall be constructed and operated so as to comply with all requirements of paragraphs 62-296.401(4)(b)-(f), F.A.C.

3. This subsection does not apply to human or animal crematories.

(b) Emission Limiting Standards.

1. For any biological waste incinerator unit with a capacity less than 50 tons per day, visible emissions shall not exceed 5% opacity, except that visible emissions not exceeding 15% opacity shall be allowed for one six-minute period in any one-hour period.

2. For any unit with a capacity equal to or less than 500 pounds per hour:

a. Particulate matter emissions shall not exceed 0.100 grains per dry standard cubic foot of flue gas, corrected to 7% O2.

b. Hydrochloric acid (HCl) emissions shall not exceed 4.0 pounds per hour.

3. For any unit with a capacity greater than 500 pounds per hour, but less than or equal to 2,000 pounds per hour:

a. Particulate matter emissions shall not exceed 0.030 grains per dry standard cubic foot of flue gas, corrected to 7% O2.

b. Hydrochloric acid (HCl) emissions shall not exceed 4.0 pounds per hour; or shall be reduced by 90% by weight on an hourly average basis.

4. For any unit with a capacity greater than 2000 pounds per hour:

a. Particulate matter emissions shall not exceed 0.020 grains per dry standard cubic foot of flue gas, corrected to 7% O2.

b. Hydrochloric acid (HCl) emissions shall not exceed fifty (50) parts per million by volume, dry basis, corrected to seven percent (7%) O2 on a three (3) hour average basis. As an alternative to this HC1 limit, the HC1 emission produced by the unit shall be reduced, by its air pollution control equipment, by at least ninety percent (90%) by weight on an hourly average basis.

5. For any unit, carbon monoxide emissions (CO) shall not exceed 100 parts per million by volume, dry basis, corrected to 7% O2 on an hourly average basis.

(c) Design and Operating Requirements. All biological waste incineration units, shall be constructed and operated so as to comply with the following design, operating, monitoring and operator training requirements.

1. The unit shall operate with a combustion zone design temperature of no less than 1,800 degrees Fahrenheit for at least a 1.0 second gas residence time in the secondary (or last) combustion chamber. The primary chamber and stack volumes shall not be utilized in calculating this residence time.

2. Mechanically fed units shall incorporate an air lock system to prevent opening the incinerator to the room environment. The volume of the loading system shall be designed to prevent overcharging, thereby assuring complete combustion of the waste.

3. Incineration or ignition of waste shall not begin until the secondary (or last) combustion chamber temperature requirement is attained. All air pollution control and continuous emission monitoring equipment shall be operational and functioning properly prior to the incineration or ignition of waste and until all the wastes are incinerated. The secondary (or last) combustion chamber temperature requirement shall be maintained until the wastes are completely combusted.

4. The owner or operator is advised to contact the Department of Health regarding requirements that may apply to any proposed burning of radioactive waste.

5. The owner or operator is advised to contact the Department’s Division of Waste Management regarding requirements that may apply to any proposed burning of hazardous waste.

6. Each operator of the unit shall successfully complete a training program meeting the requirements of 40 C.F.R. 60.53c(c) and the annual refresher training course requirements of 40 C.F.R. 60.53c(f), adopted and incorporated by reference at Rule 62-204.800, F.A.C.

a. If the incinerator is modified to the extent that a Department construction permit is required, the operators shall be retrained to operate the modified incinerator.

b. An operator’s training certificate must be kept on file at the facility for the duration of the operator’s employment and for an additional two (2) years after termination of employment. The owner shall not allow the incinerator to be operated unless it is operated by an operator who has satisfactorily completed the required training program.

(d) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection shall comply with the following requirements. All EPA reference test methods are described in 40 C.F.R. Part 60, Appendices A-2 through A-8, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

1. The reference test method for visible emissions shall be EPA Method 9.

2. The reference test method for carbon monoxide shall be EPA Method 10.

3. The reference test method for oxygen shall be EPA Method 3 or 3A.

4. The reference test method for particulate emissions shall be EPA Method 5 or 26A. The minimum sample volume shall be thirty (30) dry standard cubic feet.

5. The reference test method for hydrochloric acid shall be EPA Method 26 or 26A.

6. Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

(e) Frequency of Testing.

1. The owner or operator of any biological waste incineration unit with a capacity equal to or less than 500 pounds per hour shall:

a. Have a performance test conducted for visible emissions prior to submitting the application for an initial air operation permit, and annually thereafter.

b. Have performance tests conducted for particulate matter and hydrochloric acid prior to submitting the application for an initial or renewal air operation permit.

2. The owner or operator of any biological waste incineration unit with a capacity greater than 500 pounds per hour shall:

a. Have a performance test conducted for visible emissions prior to submitting the application for an initial air operation permit, and annually thereafter.

b. Have performance tests conducted for particulate matter and hydrochloric acid prior to submitting the application for an initial air operation permit, and annually thereafter.

(f) Continuous Emissions Monitoring Requirements. Each owner or operator of a biological waste incinerator unit shall install, operate, and maintain, in accordance with the manufacturer’s instructions, continuous emission monitoring equipment at the exit of the secondary (or last) combustion chamber.

1. The monitors shall record the following operating parameters:

a. Temperature.

b. Oxygen (for facilities with a capacity greater than 500 pounds per hour).

2. The owner or operator shall maintain a complete file of all measurements, including continuous emissions monitoring system, monitoring device, and performance testing measurements; all continuous emissions monitoring system performance evaluations; all continuous emissions monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required, recorded in a permanent legible form available for inspection. The file shall be retained for at least two (2) years following the date of such measurements, maintenance, reports and records.

(5) Human Crematories.

(a) Applicability. The requirements of this subsection apply to all human crematory units.

(b) Emission Limiting Standards.

1. Visible emissions shall not exceed 5% opacity, except that visible emissions not exceeding 15% opacity shall be allowed for one six-minute period in any one-hour period.

2. Particulate matter emissions shall not exceed 0.080 grains per dry standard cubic foot of flue gas, corrected to 7% O2.

3. Carbon monoxide (CO) emissions shall not exceed 100 parts per million by volume, dry basis, corrected to 7% O2 on an hourly average basis.

(c) Operating Temperatures.

1. New Units. The owner or operator of any proposed new crematory unit which submits either a complete application for a permit to construct the new unit or an initial air general permit registration for the new unit to the Department on or after August 30, 1989, shall provide design calculations to confirm a sufficient volume in the secondary chamber combustion zone to provide for at least a 1.0 second gas residence time at 1800 degrees Fahrenheit. This information shall be provided to the Department with the air construction permit application or air general permit registration form for the proposed new unit.

a. The actual operating temperature of the secondary chamber combustion zone shall be no less than 1,600 degrees Fahrenheit throughout the combustion process in the primary chamber. The primary chamber and stack volumes shall not be used in calculating this residence time.

b. Remains shall not be loaded into the primary chamber until the secondary chamber combustion zone temperature is equal to or greater than 1,600 degrees Fahrenheit.

2. Existing Units. The owner or operator of any crematory unit for which construction began or for which a complete application for a permit to construct was received by the Department prior to August 30, 1989, shall maintain the actual operating temperature of the secondary chamber combustion zone at no less than 1,400 degrees Fahrenheit throughout the combustion process in the primary chamber. Remains shall not be loaded into the primary chamber until the secondary chamber combustion zone temperature is equal to or greater than 1,400 degrees Fahrenheit.

(d) Allowed Materials. Human crematory units shall cremate only human or fetal remains with appropriate containers. The remains may be clothed. The containers shall contain no more than 0.5 percent by weight chlorinated plastics as demonstrated by the manufacturer’s data sheet. If containers are incinerated, documentation from the manufacturer certifying that they are composed of 0.5 percent or less by weight chlorinated plastics shall be kept on-file at the site for the duration of their use and for at least five (5) years after their use. No other material, including biomedical waste as defined in rule 62-210.200, F.A.C., shall be incinerated.

(e) Equipment Maintenance. All human crematory units shall be maintained in proper working order in accordance with the manufacturer’s specifications to ensure the integrity and efficiency of the equipment.

1. If a crematory unit contains a defect that affects the integrity or efficiency of the unit, the unit shall be taken out of service.

2. No person shall use or permit the use of that unit until it has been repaired or adjusted.

3. A written plan with operating procedures for startup, shutdown and malfunction of each crematory unit shall be maintained and followed during those events.

4. Each unit’s burners shall be operated with a proper air-to-fuel ratio. If the unit so allows, the burners’ flame characteristics shall be visually checked at least once during each operating shift and adjusted when warranted by the visual checks.

5. Repair records on all crematory units shall be maintained onsite for at least five (5) years.

(f) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection shall comply with the following requirements. All EPA reference test methods are described in 40 CFR Part 60, Appendices A-2 through A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

1. The reference test method for visible emissions shall be EPA Method 9.

2. The reference test method for carbon monoxide shall be EPA Method 10.

3. The reference test method for oxygen shall be EPA Method 3.

4. The reference test method for particulate matter emissions shall be EPA Method 5. The minimum sample volume shall be thirty (30) dry standard cubic feet.

5. Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

(g) Operation During Emissions Test. Testing of emissions shall be conducted with the unit operating at a capacity of one (1) adult-sized cadaver.

(h) Frequency of Testing.

1. The owner or operator of any human crematory unit using an air general permit shall have a visible emissions test conducted no later than sixty (60) days after the unit commences initial operation, and annually thereafter.

2. The owner or operator of any human crematory unit operating under the authority of an air construction permit or air operation permit shall have a performance test conducted for visible emissions prior to submitting the application for an initial air operation permit, and annually thereafter.

3. The owner or operator of any human crematory unit shall not be required to have performance tests conducted for carbon monoxide and particulate matter, except as provided at paragraph 62-297.310(8)(c), F.A.C.

(i) Continuous Monitoring Requirements. Each crematory unit shall be equipped and operated with a continuous monitor to record temperature at the point or beyond where 1.0 second gas residence time is obtained in the secondary chamber combustion zone in accordance with the manufacturer’s instructions.

1. Each crematory unit installed after February 1, 2007, shall be equipped and operated with a pollutant monitoring system to automatically control combustion based on continuous in-stack opacity measurement. Such system shall be calibrated to restrict combustion in the primary chamber whenever any opacity exceeding 15% opacity is occurring.

2. The following records shall be recorded and maintained on-site readily available for review at the request of the Department. The file shall be retained for at least five (5) years following the recording of such measurements, maintenance, reports, and records.

a. All temperature measurements, including indication of when cremation in the primary chamber commenced, temperature markings, the date and time, and the name of the operator;

b. All continuous monitoring systems, monitoring devices, and performance testing measurements;

c. All continuous monitoring system performance evaluations;

d. All continuous monitoring system or monitoring device calibration checks; and

e. All adjustments, preventive maintenance, and corrective maintenance performed on these systems or devices shall be recorded in a permanent legible form available for inspection, including indication of when the opacity measurement system was cleaned and checked for proper operation in accordance with the manufacturer’s recommended maintenance schedule.

(6) Animal Crematories.

(a) Applicability. The requirements of this subsection apply to all animal crematory units.

(b) Emission Limiting Standards.

1. Visible emissions shall not exceed 5% opacity, except that visible emissions not exceeding 15% opacity shall be allowed for one six-minute period in any one-hour period.

2. Particulate matter emissions shall not exceed 0.080 grains per dry standard cubic foot of flue gas, corrected to 7% O2 .

3. Carbon Monoxide (CO) emissions shall not exceed 100 parts per million by volume, dry basis, corrected to 7% O2 on an hourly average basis.

(c) Operating Temperatures.

1. New Units. The owner or operator of any proposed new crematory unit which submits either a complete application for a permit to construct the new unit or an initial air general permit registration for the new unit to the Department on or after August 30, 1989, shall provide design calculations to confirm a sufficient volume in the secondary chamber combustion zone to provide for at least a 1.0 second gas residence time at 1,800 degrees Fahrenheit. This information shall be provided to the Department with the air construction permit application or air general permit registration form for the proposed new unit.

a. The actual operating temperature of the secondary chamber combustion zone shall be no less than 1,600 degrees Fahrenheit throughout the combustion process in the primary chamber. The primary chamber and stack volumes shall not be used in calculating this residence time.

b. Animal remains shall not be loaded into the primary chamber until the secondary chamber combustion zone temperature is equal to or greater than 1,600 degrees Fahrenheit. If an animal crematory cannot commence operation without first loading the primary chamber, then loading before commencing operation is allowed; however, firing of the primary chamber burners shall not begin until the secondary chamber zone temperature is equal to or greater than 1,600 degrees Fahrenheit.

2. Existing Units. The owner or operator of any crematory unit for which construction began or for which a complete application for a permit to construct was received by the Department prior to August 30, 1989, shall maintain the actual operating temperature of the secondary chamber combustion zone at no less than 1,400 degrees Fahrenheit throughout the combustion process in the primary chamber. Animal remains shall not be loaded into the primary chamber until the seconary chamber combustion zone temperature is equal to or greater than 1,400 degrees Fahrenheit. If an animal crematory cannot commence operation without first loading the primary chamber, then loading before commencing operation is allowed; however, firing of the primary chamber burners shall not begin until the secondary chamber zone temperature is equial to or greater than 1,400 degrees Fahrenheit.

(d) Allowed Materials. Animal crematory units shall cremate only animal remains and, if applicable, the bedding associated with the animals and appropriate containers. Containers shall contain no more than 0.5 percent by weight chlorinated plastics as demonstrated by the manufacturer’s data sheet. If containers are incinerated, documentation from the manufacturers certifying that they are composed of 0.5 percent or less by weight chlorinated plastics shall be kept on-file at the site for the duration of their use and for at least five (5) years after their use. Animal crematory units shall not cremate dead animals which were used for medical or commercial experimentation. No other material, including biomedical waste as defined in Rule 62-210.200, F.A.C., shall be incinerated.

(e) Equipment Maintenance. All animal crematory units shall be maintained in proper working order in accordance with the manufacturer’s specifications to ensure the integrity and efficiency of the equipment.

1. If a crematory unit contains a defect that affects the integrity of the unit, the unit shall be taken out of service.

2. No person shall use or permit the use of that unit until it has been repaired or adjusted.

3. A written plan with operating procedures for startup, shutdown and malfunction of each crematory unit shall be maintained and followed during those events.

4. Each unit’s burners shall be operated with a proper air-to-fuel ratio. If the unit so allows, the burners’ flame characteristics shall be visually checked at least once during each operating shift and adjusted when warranted by the visual checks.

5. Repair records on all crematory units shall be maintained onsite for at least five (5) years.

(f) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection shall comply with the following requirements. All EPA reference test methods are described in 40 C.F.R. Part 60, Appendices A-2 through A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

1. The reference test method for visible emissions shall be EPA Method 9.

2. The reference test method for carbon monoxide shall be EPA Method 10.

3. The reference test method for oxygen shall be EPA Method 3.

4. The reference test method for particulate matter emissions shall be EPA Method 5. The minimum sample volume shall be thirty (30) dry standard cubic feet.

5. Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

(g) Operation During Emissions Test. Testing of emissions shall be conducted with the unit operating at a capacity that is representative of normal operations and is not greater than the manufacturer’s recommended capacity. The operating capacity shall be a batch load, in pounds, for a batch animal crematory unit and a charging rate, in pounds per hour, for a ram-charged animal crematory unit.

(h) Frequency of Testing.

1. The owner or operator of any animal crematory unit using an air general permit shall have a visible emissions test conducted no later than sixty (60) days after the unit commences initial operation, and annually thereafter.

2. The owner or operator of any animal crematory unit with a capacity of less than 500 pounds per hour and operating under the authority of an air construction permit or air operation permit shall have a performance test conducted for visible emissions prior to submitting the application for an initial air operation permit, and annually thereafter.

3. The owner or operator of any animal crematory unit with a capacity of less than 500 pounds per hour shall not be required to have performance tests conducted for carbon monoxide and particulate matter, except as provided at paragraph 62-297.310(8)(c), F.A.C.

4. The owner or operator of any animal crematory unit with a capacity of 500 pounds per hour or more shall have performance tests conducted for visible emissions, carbon monoxide, and particulate matter prior to submitting the application for an initial air operation permit, and annually thereafter.

(i) Continuous Monitoring Requirements. Each animal crematory unit shall be equipped and operated with a continuous monitor to record temperature at the point or beyond where 1.0 second gas residence time is obtained in the secondary chamber combustion zone in accordance with the manufacturer’s instructions.

1. Each crematory unit installed after February 1, 2007, shall be equipped and operated with a pollutant monitoring system to automatically control combustion based on continuous in-stack opacity measurement. Such system shall be calibrated to restrict combustion in the primary chamber whenever any opacity exceeding fifteen percent (15%) opacity is occurring.

2. The following records shall be recorded and maintained on-site readily available for review at the request of the Department. The file shall be retained for at least five (5) years following the recording of such measurements, maintenance, reports, and records.

a. All temperature measurements, including indication of when cremation in the primary chamber commenced, temperature markings, the date and time, and the name of the operator;

b. All continuous monitoring systems, monitoring devices, and performance testing measurements;

c. All continuous monitoring system performance evaluations;

d. All continuous monitoring system or monitoring device calibration checks; and

e. All adjustments, preventive maintenance, and corrective maintenance performed on these systems or devices shall be recorded in a permanent legible form available for inspection, including indication of when the opacity measurement system was cleaned and checked for proper operation in accordance with the manufacturer’s recommended maintenance schedule.

(7) Air Curtain Incinerators.

(a) Applicability.

1. Any air curtain incinerator subject to 40 CFR Part 60, Subpart AAAA, BBBB, CCCC, DDDD or EEEE, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall be constructed and operated so as to comply with all standards, limitations, and requirements of the applicable subpart, and with the requirements of paragraph 62-296.401(7)(b), F.A.C., to the extent that those requirements are stricter than, or supplemental to, the requirements of the applicable subpart.

2. Any air curtain incinerator not subject to any subpart of 40 CFR Part 60 and not claiming the exemption from air permitting at subsection 62-210.300(3), F.A.C., shall be constructed and operated so as to comply with the requirements of paragraph 62-296.401(7)(b), F.A.C.

(b) Operating Requirements.

1. Outside of startup periods, visible emissions shall not exceed 10% opacity. During startup periods, which shall not exceed the first 30 minutes of operation, an opacity of up to 35% shall be allowed. The general excess emissions rule, Rule 62-210.700, F.A.C., shall not apply.

2. If the air curtain incinerator employs an earthen trench, the pit walls (width and length) shall be vertical, and maintained as such, so that combustion of the waste within the pit is maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for proper combustion and control of emission. The following dimensions for the pit must be strictly adhered to: no more than twelve feet (12') wide, between eight feet (8') and fifteen (15') feet deep, and no longer than the length of the manifold. The pit shall not be dug within a previously active portion of a landfill.

3. Except as provided herein and at subparagraph 4., the only materials that shall be burned in the air curtain incinerator are vegetative material and untreated wood, excluding sawdust. The air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos-containing materials, mercury-containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, trash or other material prohibited to be open burned as set forth in subsection 62-256.300(2), F.A.C. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquefied petroleum gas shall be used to start the fire in the air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited.

4. Notwithstanding the provisions of subparagraph 3., the air curtain incinerator may be used for the destruction of animal carcasses in accordance with the provisions of subsection 62-256.700(6), F.A.C. When using an air curtain incinerator to burn animal carcasses, untreated wood may also be burned to maintain good combustion.

5. In no case shall the air curtain incinerator be started before sunrise. All charging shall end no later than one (1) hour after sunset. After charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained onsite that documents daily beginning and ending times of charging.

6. The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator.

7. The air curtain incinerator shall be located at least fifty (50) feet from any wildlands, brush, combustible structure, or paved public roadway.

8. The material shall not be loaded into the air curtain incinerator such that it protrudes above the air curtain.

9. Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than one third (1/3) the pit depth or to the point where the ash begins to impede combustion, whichever occurs first.

10. An operation and maintenance guide shall be available to the operators of the air curtain incinerator at all times, and the owner shall provide training to all operators before they work at the incinerator. This guide shall be made available to the Department or for an inspector’s onsite review upon request.

(c) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection shall comply with the following requirements.

1. The reference test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

2. Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

3. Records of the results of all initial and annual visible emissions tests shall be kept by the owner or operator in either paper copy or electronic format for at least five (5) years. These records shall be made available to the Department or for an inspector’s onsite review upon request.

(d) Frequency of Testing.

1. The owner or operator of any air curtain incinerator subject to this subsection shall have a performance test conducted for visible emissions prior to submitting the application for an initial air operation permit, and, except as provided at subparagraph 62-296.401(7)(d)2., F.A.C., annually thereafter.

2. The owner or operator of any air curtain incinerator subject to this subsection and using an earthen trench shall have a performance test conducted for visible emissions no later than thirty (30) days after it commences operation at any new trench location, and annually thereafter. However, if the air curtain incinerator will be operated for less than thirty (30) days at the new trench location, and the owner or operator has demonstrated compliance with the emissions limiting standards of paragraph 62-296.401(7)(b), F.A.C., through a visible emissions test conducted and submitted to the Department within the previous twelve (12) months, the requirement for testing within thirty (30) days of commencing operation at the new trench location shall not apply.

History

• Rulemaking Authority 403.061, 403.716 FS. Law Implemented 403.031, 403.061, 403.087, 403.716, 497.606 FS. History–Formerly 17-2.600(1), Amended 12-2-92, Formerly 17-296.401, Amended 11-23-94, 1-1-96, 3-13-96, 11-13-97, 1-10-07, 7-10-14, 11-5-20.

Fla. Admin. Code R. 62-296.402 Sulfuric Acid Plants

(1) Applicability. Rule 62-296.402, F.A.C., applies to new and existing Sulfuric Acid Plants, defined as any installation producing sulfuric acid by burning elemental sulfur, alkylation acid, hydrogen sulfides, organic sulfides, mercaptans, or acid sludge. For the purposes of this rule, “existing” means the emission unit was in existence, in operation, or under construction, or had received a permit to begin construction prior to January 18, 1972. Sulfuric Acid Plants that are required to meet the sulfur dioxide limits in 40 C.F.R. Part 60, Subpart H, adopted and incorporated by reference in subparagraph 62-204.800(8)(b)12., F.A.C., are not subject to the corresponding sulfur dioxide emission limits, testing requirements, and reporting requirements specified in this rule. All new and existing Sulfuric Acid Plants must meet the continuous emissions monitoring requirements of this rule.

(2) Existing Plants.

(a) Florida portion of the Jacksonville, Florida – Brunswick, Georgia, Interstate Air Quality Control Region as defined in 40 C.F.R. Section 81.91.

1. Visible Emissions – ten percent opacity.

2. Sulfur Dioxide – 29 pounds per ton of 100 percent acid produced.

3. Acid Mist – 0.5 pounds per ton of 100 percent acid produced.

(b) All other areas of the State of Florida.

1. Visible Emissions – ten percent opacity.

2. Sulfur Dioxide – 10 pounds per ton of 100 percent acid produced.

3. Acid Mist – 0.3 pounds per ton of 100 percent acid produced.

(3) New Plants.

(a) Visible emissions – ten percent opacity.

(b) Sulfur Dioxide – four pounds per ton of 100 percent acid produced.

(c) Acid Mist – 0.15 pounds per ton of 100 percent acid produced.

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test method for acid mist/sulfur dioxide shall be EPA Method 8, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C. The minimum sample volume shall be 40 dry standard cubic feet.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

(5) Continuous Emissions Monitoring Requirements. Each owner or operator of a sulfuric acid plant shall install, calibrate, operate and maintain a continuous monitoring system for continuously monitoring the pollutants specified in this subsection. Performance specifications, location of monitor, data requirements, data reduction and reporting requirements, shall conform with the requirements of 40 C.F.R. Part 51, Appendix P and 40 C.F.R. Part 60, Appendix B, adopted and incorporated by reference in Rule 62-204.800, F.A.C., provided, however, any alternative procedure (as specified in Section 3.9, 40 C.F.R. Part 51, Appendix P) or special consideration (as specified in Section 6.0, 40 C.F.R. Part 51, Appendix P) shall be incorporated in the Department’s air permit for the emissions unit and submitted to the U.S. Environmental Protection Agency as a proposed revision to the State Implementation Plan.

(a) Facilities greater than 300 tons per day production capacity, expressed as 100% acid, shall install continuous monitoring systems for the measurement of sulfur dioxide emissions for each sulfuric acid emission source.

(b) Where two or more emissions units emit through a common stack, continuous monitoring systems, if required, shall be installed on each emissions unit prior to combination of the emission.

(6) Semi-annual Reporting Requirements. The owners or operators of facilities for which monitoring is required shall submit to the Department a written report of emissions in excess of emission limiting standards as set forth in Rule 62-296.402, F.A.C., for each semi-annual period. Each semi-annual report shall cover the 6-month periods of January 1 – June 30 and July 1 – December 31. The reports shall be submitted by the 60th day following the end of each calendar half (i.e., March 1st and August 29th of every year). The nature and cause of the excessive emissions shall be explained. This report does not relieve the owner or operator of the legal liability for violations. All recorded data shall be maintained on file by the owner or operator for a period of two years.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(2), 17-296.402, Amended 11-23-94, 1-1-96, 3-13-96, 7-10-14, 6-23-22.

Fla. Admin. Code R. 62-296.403 Phosphate Processing Fluorides Limits

Fluorides (water soluble or gaseous atomic weight 19) expressed as pounds of fluoride per ton of phosphate materials input to the system expressed as tons of P2O5.

(1) New Plants or Plant Sections. For the purposes of this subsection, a “new plant or plant section” is any plant or plant section other than an “existing plant or plant section” as described for the purposes of subsection 62-296.403(2), F.A.C.

(a) Wet process phosphoric acid production and auxiliary equipment – 0.02 pounds.

(b) Run-of-pile triple super phosphate (TSP) mixing belt and den and auxiliary equipment – 0.05 pounds.

(c) Run-of-pile TSP curing or storage process and auxiliary equipment – 0.12 pounds.

(d) Granular triple super phosphate (GTSP) production and auxiliary equipment.

1. GTSP made by granulating run-of-pile TSP – 0.06 pounds.

2. GTSP made from phosphoric acid and phosphate rock slurry – 0.15 pounds.

(e) GTSP storage and auxiliary equipment – 0.05 pounds.

(f) Diammonium phosphate production and auxiliary equipment – 0.06 pounds.

(g) Calcining or other thermal phosphate rock processing and auxiliary equipment excepting phosphate rock drying and defluorinating – 0.05 pounds.

(h) Defluorinating phosphate rock by thermal processing and auxiliary equipment – 0.37 pounds.

(i) All plants, plant sections or unit operations and auxiliary equipment not listed in paragraphs (a) through (h), above, must use the best available control technology.

(2) Existing plants or plant sections shall comply with subsection 62-296.403(1), F.A.C., no later than July 1, 1975; or existing plant complexes with an operating wet process phosphoric acid section (including any items in paragraphs 62-296.403(1)(a) through (f), F.A.C.) and other plant sections processing or handling phosphoric acid or products of phosphoric acid processing, total emissions from the entire complex shall not exceed 0.4 pounds per ton of P2O5 input to the wet process phosphoric acid section. For the purposes of this subsection, an “existing plant, plant section, or plant complex” is any plant, plant section, or plant complex which was in existence, in operation, or under construction, or had received a permit to begin construction prior to January 18, 1972.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for fluoride emissions shall be EPA Method 13A or EPA Method 13B, as described at 40 C.F.R. Part 60, Appendix A-5, adopted and incorporated by reference at Rule 62-204.800, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet.

(b) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(3), 17-296.403, Amended 11-23-94, 1-1-96, 3-13-96, 7-10-14, 11-5-20.

Fla. Admin. Code R. 62-296.404 Tall Oil Plants and Kraft (Sulfate) Pulp Mills

(1) Visible Emissions. Subsection 62-296.404(1), F.A.C., applies to Kraft Recovery Furnaces, defined as any straight kraft recovery furnace or cross recovery furnace used to recover chemicals consisting primarily of sodium and sulfur by burning black liquor. Kraft Recovery Furnaces that are subject to the opacity emission limits in 40 C.F.R. Part 63, Subpart MM, adopted and incorporated by reference at Rule 62-204.800, F.A.C., are not subject to the opacity limits specified in this rule.

(a) Kraft Recovery Furnaces Equipped with Dry Collectors – 45 percent opacity, except:

1. Visible emissions of up to 60 percent opacity shall be allowed for one six-minute period during any one-hour period, or

2. If the emissions unit is equipped with a certified continuous emission monitoring device for measuring opacity, then the monitoring results shall be reported to the Department semi-annually in the form of an excess emissions report, and visible emissions in excess of 45 percent opacity shall be allowed for up to six percent of the total number of possible contiguous periods of excess emissions in a semi-annual (excluding periods of startup, shutdown, or malfunction and periods when the emissions unit is not operating). Each semi-annual report shall cover the 6-month periods of January 1 – June 30 and July 1 – December 31. The reports shall be submitted by the 60th day following the end of each calendar half (i.e., March 1st and August 29th of every year). The continuous emission monitoring device shall be certified, calibrated, and operated according to the procedures for opacity monitors contained in 40 C.F.R. Part 60, Subpart A, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) (Reserved).

(c) (Reserved).

(2) Particulate Matter. Subsection 62-296.404(2), F.A.C., applies to Kraft Recovery Furnaces. Kraft Recovery Furnaces that are subject to the particulate matter emission limits in 40 C.F.R. Part 63, Subpart MM, adopted and incorporated by reference at Rule 62-204.800, F.A.C., are not subject to the particulate matter emission limits specified in this rule.

(a) Kraft Recovery Furnaces – three pounds per each 3000 pounds of black liquor solids fed.

(b) Visible emission limits for kraft pulp mill emissions units equipped with wet scrubbers shall be effective only if the visible emission measurement can be made without being substantially affected by plume mixing or moisture condensation.

(3) Total Reduced Sulfur (TRS). The following TRS emission limits do not apply where an emissions unit is subject to TRS limits established pursuant to 40 C.F.R. Part 60, Subparts BB or BBa, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(a) Digester Systems, Multiple Effect Evaporator Systems, Condensate Stripper Systems.

1. Gaseous emissions from these units shall be collected and incinerated in a combustion device meeting the requirements of either this rule or 40 C.F.R. Part 60, Subparts BB or BBa, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

2. 5 ppm by volume on a dry basis at standard conditions corrected to the actual oxygen content of the untreated flue gas stream as a 12-hour average if a means other than incineration in a combustion device pursuant to subparagraph 62-296.404(3)(a)1., F.A.C., is used to control gaseous emissions of total reduced sulfur.

3. Total reduced sulfur emissions shall not be vented to the atmosphere at any point connected to or between the emissions unit and the control device except as allowed by 40 C.F.R. Part 63, Subpart S, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

If venting of uncontrolled total reduced sulfur emissions occurs due to a malfunction of a combustion device, the owner or operator shall notify the Department using the contact information identified in the permit by the close of the Department’s next working day. The owner shall also provide the Department with a written report that shall be included in the next semi-annual report, as required by subsection 62-296.404(6), F.A.C.

(b) Tall Oil Plants. Gaseous emissions shall be collected and incinerated in a lime kiln, a kraft recovery furnace or a combustion device meeting the requirements of subsection 62-296.404(3), F.A.C., or 40 C.F.R. Part 60, Subparts BB or BBa, adopted and incorporated by reference in Rule 62-204.800, F.A.C., or

1. 0.05 pound per ton of crude tall oil produced as a 12-hour average.

2. Emissions units subject to this rule shall also comply with applicable continuous emissions monitoring requirements of subsection 62-296.404(5), F.A.C.

(c) Kraft Recovery Furnaces.

1. Straight kraft recovery furnaces.

a. Old design kraft recovery furnaces, new design kraft recovery furnaces that are not direct-fired, and new design direct-fired suspension-burning kraft recovery furnaces – 17.5 ppm by volume on a dry basis at standard conditions corrected to 8 percent oxygen as a 12-hour average.

b. New design direct-fired kraft recovery furnaces that are not direct-fired suspension-burning kraft recovery furnaces – 5 ppm by volume on a dry basis at standard conditions corrected to 8 percent oxygen as a 12-hour average.

c. Any straight kraft recovery furnace shall comply with the total reduced sulfur emissions limit for cross recovery furnaces whenever the green liquor sulfidity exceeds 28 percent and the black liquor being burned contains an average of more than 7 weight percent solids originating from the neutral sulfite semichemical (NSSC) process, based on the average of all previous 12-hour averages during the quarter.

2. Cross recovery furnaces – 25 ppm by volume on a dry basis at standard conditions corrected to 8 percent oxygen as a 12-hour average. Any cross recovery furnace shall comply with the total reduced sulfur emissions limit for straight kraft recovery furnaces whenever the green liquor sulfidity is less than or equal to 28 percent or the black liquor being burned contains an average of 7 weight percent or less solids originating from the neutral sulfite semichemical (NSSC) process, based on the average of all previous 12-hour averages during the quarter.

3. Emissions units subject to this rule shall also comply with applicable continuous emissions monitoring requirements of subsection 62-296.404(5), F.A.C.

(d) Smelt Dissolving Tank Vents.

1. 0.0480 pound per each 3,000 pounds black liquor solids as hydrogen sulfide (H2S).

2. Emissions units subject to this rule shall also comply with applicable continuous emissions monitoring requirements of subsection 62-296.404(5), F.A.C.

(e) Lime Kilns.

1. 20 ppm by volume on a dry basis at standard conditions corrected to 10 percent oxygen as a 12-hour average.

2. Emissions units subject to this rule shall also comply with applicable continuous emissions monitoring requirements of subsection 62-296.404(5), F.A.C.

(f) Other Combustion Devices Used to Incinerate Total Reduced Sulfur Emissions.

1. 5 ppm by volume on a dry basis at standard conditions corrected to 10 percent oxygen as a 12-hour average.

2. Emissions units subject to this provision may include but shall not be limited to power boilers, carbonaceous fuel burning equipment and incinerators.

3. Emissions units subject to this rule shall also comply with applicable continuous emissions monitoring requirements of subsection 62-296.404(5), F.A.C.

(4) Test Methods and Procedures.

(a) The test method for TRS for an emission unit subject to subsection 62-296.404(3), F.A.C., shall be EPA Method 16 or EPA Method 16A or EPA Method 16B or EPA Method 16C, as described at 40 C.F.R. Part 60, Appendix A-6, adopted and incorporated by reference at Rule 62-204.800, F.A.C. EPA Method 16 or EPA Method 16A or EPA Method 16B or EPA Method 16C shall also be required for instrument certification.

(b) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

(5) Continuous Emissions Monitoring Requirements. Each owner or operator of a tall oil plant or kraft (sulfate) pulp mill subject to the TRS emission limits in subsection 62-296.404(3), F.A.C., shall install continuous monitoring systems for monitoring total reduced sulfur (TRS) emissions, or the performance of total reduced sulfur air pollution control systems as specified in this subsection.

(a) Straight kraft recovery furnaces, whether new or old design, cross recovery furnaces, lime kilns and other combustion devices used to incinerate TRS emissions, shall be equipped with total reduced sulfur continuous emissions monitoring systems as specified in paragraph 62-296.404(5)(b), F.A.C.

(b) Continuous determination of total reduced sulfur emissions.

1. A total reduced sulfur continuous emissions monitoring system shall be installed, calibrated, certified and operated pursuant to all of the following provisions:

a. The continuous emissions monitoring system shall monitor and record the concentration of total reduced sulfur (TRS) emissions on a dry basis and the percentage of oxygen by volume on a dry basis.

b. The continuous emissions monitoring system shall be located, installed and certified pursuant to the provisions of 40 C.F.R. Part 60, Appendix B, Performance Specification 2 and Performance Specification 3, and 40 C.F.R. Part 60, Appendix B, Performance Specification 5, which are adopted and incorporated by reference at Rule 62-204.800, F.A.C. The exception is that the phrase “or other approved alternative” in Section 3.2 of Performance Specification 5 is not adopted. For the purposes of emissions testing and certification of continuous emissions monitoring systems, EPA Method 16, EPA Method 16A, EPA Method 16B, or EPA Method 16C as described at 40 C.F.R. Part 60, Appendix A-6, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall be used.

c. The continuous emissions monitoring system shall be in continuous operation, except when the emissions unit is not operating, or during system breakdowns, repairs, calibration checks, and zero and span adjustments.

d. The continuous emissions monitoring system shall have a maximum span value not to exceed:

(I) A total reduced sulfur concentration of 30 ppm for the total reduced sulfur continuous emissions monitoring system on any new design direct-fired kraft recovery furnace that is not direct-fired, new design suspension-burning kraft recovery furnace, incinerator, digester system or multiple effect evaporator system.

(II) A total reduced sulfur concentration of 50 ppm for the total reduced sulfur continuous emissions monitoring system on any old design kraft recovery furnace, new design kraft recovery furnace that is not direct-fired, new design direct-fired suspension-burning kraft recovery furnace, cross recovery furnace, lime kiln or calciner.

(III) 25 percent oxygen for the continuous oxygen monitoring system.

e. The continuous emissions monitoring system shall be checked by the owner or operator in accordance with a written procedure at least once daily and after any maintenance to the system. The owner or operator shall check the zero (or low level value between 0 and 20 percent of span value) and span (90 to 100 percent of span value) calibration drifts. The zero and span shall be adjusted, as a minimum, whenever the 24-hour zero drift or 24-hour span drift exceeds two times the limits of the applicable performance specifications referenced in sub-subpargraph 62-296.404(5)(b)1.d., F.A.C. The system must allow the amount of excess zero and span drift measured at the 24-hour interval checks to be recorded and quantified.

2. The owner or operator of any total reduced sulfur emissions unit who is required to install a total reduced sulfur continuous emissions monitoring system pursuant to paragraph 62-296.404(5)(a), F.A.C., shall:

a. Reduce all data to one-hour averages for each 60-minute period beginning on the hour. One-hour averages shall be computed from a minimum of four data points equally spaced over each one-hour period. Data recorded during periods of system breakdowns, repairs, calibration checks, and zero and span adjustments shall not be included in the computation. Either an arithmetic or integrated average shall be used.

b. Calculate and record on a daily basis the 12-hour average total reduced sulfur and oxygen concentrations for two consecutive 12-hour periods of each operating day using the equations and procedures in 40 CFR 60.284(c) as adopted and incorporated by reference in Rule 62-204.800, F.A.C. Each 12-hour average shall be determined as the arithmetic mean of the appropriate 12 contiguous one-hour average total reduced sulfur concentrations corrected to the specified oxygen concentration as required by the applicable standard and rounded to the same number of significant digits as the standard.

(c) Other combustion devices subject to paragraph 62-296.404(3)(f), F.A.C., shall be equipped with devices to continuously monitor temperature at the point of combustion and oxygen. The temperature devices shall be certified by the manufacturer to be accurate to within + 1 percent of the temperature being measured. The oxygen monitors shall be certified by the manufacturer to be accurate to within 0.1 percent oxygen by volume.

(6) Semi-annual Reporting Requirements. The owner or operator of an emissions unit subject to the provisions of subsection 62-296.404(5), F.A.C. (Continuous Monitoring Requirements), shall submit a written total reduced sulfur emissions data report to the Department or local program. Each semi-annual report shall cover the 6-month periods of January 1 – June 30 and July 1 – December 31. The reports shall be submitted by the 60th day following the end of each calendar half (i.e., March 1st and August 29th of every year).

(a) The report shall include the following information:

1. The magnitude of excess emissions and the date and time of commencement and completion of each time period in which excess emissions occurred.

2. Specific identification of each period of excess emissions that occurs including startups, shutdowns, and malfunctions of the affected emissions unit. An explanation of the cause of each period of excess emissions, and any corrective action taken or preventive measures adopted. Excess emissions shall be all 12-hour periods for which the appropriate surrogate parameter data or total reduced sulfur continuous emissions monitoring data indicates that an applicable 12-hour average total reduced sulfur emission limiting standard for the emissions unit was exceeded.

3. The date and time identifying each period during which each continuous emissions monitoring system used to measure total reduced sulfur emissions or surrogate parameters was inoperative except for zero and span checks, and the nature of the system repairs or adjustments.

4. When no excess emissions have occurred or the continuous emissions monitoring system(s) have not been operative, or have been repaired or adjusted, such information shall be stated in the report.

(b) Any owner or operator subject to the provisions of subsections 62-296.404(5) and (6), F.A.C., shall maintain a complete file of any measurements, including continuous emissions monitoring system, monitoring device, and performance testing measurements; any continuous emissions monitoring system performance evaluations; any continuous emissions monitoring system or monitoring device calibration checks; any adjustments and maintenance performed on these systems or devices; and any other information required, recorded in a permanent legible form available for inspection. The file shall be retained for at least three years following the date of such measurements, maintenance, reports and records.

(c) Evaluation of Excess Emissions. The Department shall consider periods of excess emissions from any kraft recovery furnace, lime kiln, or any other regulated TRS emissions unit to be evidence of improper operation and maintenance of the monitored emissions unit provided that:

1. For kraft recovery furnaces subject to the emissions limits of paragraph 62-296.404(3)(c), F.A.C., the excess emissions occur during more than one percent of the total number of possible contiguous 12-hour periods of excess emissions in a calendar quarter rounded to the nearest whole number (excluding only the actual 12-hour periods during which a startup, shutdown or malfunction of the kraft recovery furnace occurred and only the actual 12-hour periods when the kraft recovery furnace was not operating), or

2. For lime kilns and calciners subject to the emissions limits of paragraph 62-296.404(3)(e), F.A.C., the excess emissions occur during more than two percent of the total number of possible contiguous 12-hour periods of excess emissions in a calendar quarter rounded to the nearest whole number (excluding only the actual 12-hour periods during which a startup, shutdown or malfunction of the lime kiln, calciner, or their control equipment occurred and only the actual 12-hour periods when the lime kiln or calciner was not operating), or

3. For other regulated non-NSPS total reduced sulfur emissions units, the excess emissions as indicated by the appropriate surrogate parameters occur during more than one percent of the total number of possible contiguous 12-hour periods of excess emissions in a calendar quarter rounded to the nearest whole number (excluding only the actual 12-hour periods during which a startup, shutdown, or malfunction of the emissions unit or its control equipment occurred and only the actual 12-hour periods when the source was not operating); and,

4. The Department determines that the affected emissions unit, including air pollution control equipment, is not maintained and operated in a manner which is consistent with good air pollution control practices for minimizing emissions. Such determination shall be based on the failure of the owner or operator of the facility to provide records of maintenance and operation of the emissions unit and related equipment showing operation consistent with good air pollution control practices. Good air pollution control practices shall include:

a. Operation of all equipment within permit limits for loading rates and other process parameters,

b. An adequate preventive maintenance program based on manufacturer’s recommendations or other accepted industry practices,

c. Training of personnel in the operation and maintenance of equipment,

d. Visual and instrument inspections of equipment on a regular basis; and,

e. Maintenance of an adequate on-site, or readily available, supply of equipment for routine repairs.

(d) The owner or operator of any tall oil plant or kraft pulp mill shall notify the Department or local program, as specified in the facility’s permit, in writing within fourteen days of the date on which periods of excess emissions exceed the percentages allowed by subparagraphs 62-296.404(6)(c)1. through 3., F.A.C. The notification may be submitted electronically.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(4), 17-296.404, Amended 11-23-94, 1-1-96, 3-13-96, 7-10-14, 6-23-22.

Fla. Admin. Code R. 62-296.405 Existing Fossil Fuel Steam Generators with Greater than or Equal to 250 Million Btu Per Hour Heat Input

(1) Applicability. Rule 62-296.405, F.A.C., applies to existing fossil fuel steam generators with greater than or equal to 250 MMBtu per hour heat input. For the purposes of this rule, “existing” means the emission unit was in existence, in operation, or under construction, or had received a permit to begin construction prior to January 18, 1972.

(2) Visible emissions – 20 percent opacity except for one six-minute period per one-hour period during which opacity shall not exceed 27 percent. Emissions units governed by this visible emissions limit shall test for particulate emissions annually and as otherwise required by Chapter 62-297, F.A.C. Emissions units electing to test for particulate matter emissions quarterly or emissions units equipped with a continuous emissions monitoring system for particulate matter that meets the requirements of paragraph 62-296.405(4)(b), F.A.C., shall be allowed visible emissions of 40 percent opacity. The results of such tests shall be submitted to the Department or local program, as specified in the facility’s permit. Upon demonstration that the particulate standard has been regularly complied with, the Secretary, upon petition by the applicant, shall reduce the frequency of particulate testing to no less than once annually.

(3) Particulate Matter – 0.1 pound per million Btu heat input, as measured by stack test. If compliance is demonstrated with a particulate matter continuous emission monitoring system, then compliance shall be determined on a heat-input weighted 30-operating day rolling average basis, including all periods of operation. Compliance is determined by first summing the total pounds of the pollutant in question emitted from the Unit during an operating day and the previous 29 operating days; second, sum the total heat-input to the Unit in MMBtu during the operating day and the previous 29 operating days; and third, divide the total number of pounds of the pollutant emitted during the 30 operating days by the total heat input during the 30 operating days. An operating day is defined as any day (midnight to midnight) when fuel is fired.

(4) Sulfur Dioxide, as measured by fuel sampling. If compliance is demonstrated with a sulfur dioxide continuous emission monitoring system, then compliance shall be determined on a 24-hour block average, including all periods of operation, unless a different averaging period is specified below. Compliance is determined by calculating the arithmetic average of all valid hourly averages occuring within that day.

(a) Emissions units burning liquid fuel.

1. Emissions units in Duval County with a nameplate generating capacity of greater than 250 MW which commenced operation prior to August 1, 1977 – 1.98 pounds per million Btu heat input.

2. Emissions units in Duval County with a nameplate generating capacity of less than 160 MW which commenced operation prior to October 1, 1964 – 1.10 pounds per million Btu heat input.

3. All other emissions units in Duval County – 1.65 pounds per million Btu heat input.

4. Hillsborough County, emissions units south of State Highway 60 with a nameplate generating capacity of less than 100 MW which commenced operation prior to June 1, 1955 – 1.1 pounds per million Btu heat input.

5. Escambia County, emissions units north of Interstate 10 with a nameplate generating capacity of less than 50 MW which commenced operation prior to October 1, 1952 – 1.98 pounds per million Btu heat input.

6. Escambia County, no emissions unit north of Interstate 10 with a rated heat input of 515 million Btu per hour or less for which a valid Department operating permit was issued prior to September 30, 1972 shall emit in the aggregate more than 57.5 tons per any 24 hour period.

7. Manatee County, emissions units with a nameplate generating capacity of greater than 700 MW for which a valid Department operating permit was issued prior to January 1, 1979 – 1.1 pounds per million Btu heat input.

8. Leon and Wakulla Counties, emissions units with a nameplate generating capacity of less than 260 MW for which a valid Department operating permit was issued prior to November 1, 1977 – 1.87 pounds per million Btu heat input.

9. Dade, Broward, and Palm Beach Counties, emissions units with a nameplate generating capacity of less than 170 MW which commenced operation prior to May 1, 1958 – 1.1 pounds per million Btu heat input, except in the event of a fuel or energy crisis declared by the Governor of Florida or the President of the United States – 2.75 pounds per million Btu heat input. Notification concerning the quantity and estimated duration of the increase in emissions shall be given to the Department prior to burning the higher sulfur fuel.

10. All other areas of the State – 2.75 pounds per million Btu heat input.

(b) Emissions units burning solid fuel.

1. Hillsborough County, no emissions unit with a nameplate generating capacity of greater than 120 MW which commenced operation prior to November 1, 1967, shall emit more than 2.4 pounds of sulfur dioxide per million Btu heat input on a weekly average nor shall a group of such emissions units located on one or more contiguous or adjacent properties and which are under common control emit more than 10.6 tons per hour of sulfur dioxide on a weekly average. A plan for assuring compliance with Florida Ambient Air Quality Standards will be incorporated into the revised operating permit for such emissions units.

2. Hillsborough County, no emissions unit with a nameplate generating capacity of greater than 400 MW which commenced operation after November 1, 1967, and prior to June 1, 1976, shall emit in total more than 6.5 pounds of sulfur dioxide per million Btu heat input on a two hour average nor shall a group of such emissions units located on one or more contiguous or adjacent properties and which are under common control emit more than 31.5 tons per hour of sulfur dioxide on a three hour average and 25 tons per hour of sulfur dioxide on a 24 hour average.

3. Escambia County, emissions units north of Interstate 10 with a nameplate generating capacity of more than 50 MW which commenced operation prior to September 1, 1973 – 5.90 pounds per million Btu heat input.

4. All other areas of the State – 6.17 pounds per million Btu heat input.

(5) Nitrogen Oxides (expressed as NO2) – as measured by stack test. If compliance is demonstrated with a nitrogen oxides continuous emission monitoring system, then compliance shall be based on a heat-input weighted 30-operating day rolling average basis, including all periods of operation. Compliance is determined by first summing the total pounds of the pollutant in question emitted from the Unit during an operating day and the previous 29 operating days; second, sum the total heat-input to the Unit in MMBtu during the operating day and the previous 29 operating days; and third, divide the total number of pounds of the pollutant emitted during the 30 operating days by the total heat input during the 30 operating days. An operating day is defined as any day (midnight to midnight) when fuel is fired.

(a) Duval County, emissions units with a nameplate generating capacity of greater than 450 MW which commenced operation prior to August 1, 1977 – 0.30 pounds per million Btu heat input.

(b) Manatee County, emissions units with a nameplate generating capacity of greater than 700 MW for which a valid Department operating permit was issued prior to January 1, 1979 – 0.30 pounds per million Btu heat input.

(c) Leon County, emissions units with a nameplate generating capacity of greater than 200 MW for which a valid Department operating permit was issued prior to November 1, 1977 – 0.30 pounds per million Btu heat input.

(d) Hillsborough County, emissions units with a nameplate generating capacity of greater than 400 MW which commenced operation after January 1, 1976 and prior to January 1, 1985 – 0.70 pounds per million Btu heat input.

(6) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C. In lieu of Method 9 testing, a transmissometer utilizing a six-minute block average for opacity measurement may be used, provided such transmissometer is installed, certified, calibrated, operated and maintained in accordance with the provisions of 40 C.F.R. Part 75, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test methods for particulate emissions shall be EPA Methods 17, 5, 5B, or 5F. The minimum sample volume shall be 30 dry standard cubic feet. EPA Method 5 may be used with filter temperature at no more than 320 degrees Fahrenheit. For EPA Method 17, stack temperature shall be less than 375 degrees Fahrenheit. EPA Method 3 or 3A with Orsat analysis shall be used when the oxygen base F-factor computed according to EPA Method 19 is used in lieu of heat input. Acetone wash shall be used with EPA Method 5 or 17. Methods 3 and 3A are described at 40 C.F.R. Part 60, Appendix A-2; EPA Methods 5, 5B, and 5F are described at 40 C.F.R. Part 60, Appendix A-3; EPA Method 17 is described at 40 C.F.R. Part 60, Appendix A-6; and EPA Method 19 is described at 40 C.F.R. Part 60, Appendix A-7; adopted and incorporated by reference at Rule 62-204.800, F.A.C. In lieu of EPA Method 17, 5, 5B, or 5F, an emissions unit may demonstrate compliance using a particulate matter continuous emissions monitoring system that meet the requirements of Performance Specification 11, adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(c) The test methods for sulfur dioxide emissions shall be EPA Methods 6, 6A, 6B or 6C, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C. Fuel sampling and analysis may be used as an alternate sampling procedure if such a procedure was incorporated in the operation permit for the emissions unit prior to April 23, 1985. Otherwise, fuel sampling and analysis may be used if the emissions unit obtains an alternate procedure under the provisions of Rule 62-297.620, F.A.C. Such alternate procedure shall become a condition of the emissions unit's permit. The Department will retain the authority to require EPA Method 6 or 6C if it has reason to believe that exceedances of the sulfur dioxide emissions limiting standard are occurring. Results of an approved fuel sampling and analysis program or continuous emissions monitoring program shall have the same effect as EPA Method 6 test results for purposes of demonstrating compliance or noncompliance with sulfur dioxide standards.

(d) The test method for nitrogen oxides shall be a nitrogen oxides continuous emissions monitor meeting the requirements of 40 C.F.R. Part 75, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(e) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

(7) Continuous Emissions Monitoring Requirements. Each owner or operator of an emissions unit subject to Rule 62-296.405, F.A.C., shall install, calibrate, operate and maintain a continuous monitoring system for continuously monitoring the pollutants specified in this subsection. Performance specifications, location of monitor, data requirements, data reduction and reporting requirements shall conform with the requirements of 40 C.F.R. Part 51, Appendix P, and 40 C.F.R. Part 60, Appendix B, adopted and incorporated by reference in Rule 62-204.800, F.A.C., for existing and new emissions units provided, however, any alternative procedure (as specified in Section 3.9, 40 C.F.R. Part 51, Appendix P) or special consideration (as specified in Section 6.0, 40 C.F.R. Part 51, Appendix P) shall be incorporated in the Department’s air permit for the emissions unit and submitted to the U.S. Environmental Protection Agency as a proposed revision to the State Implementation Plan.

(a) Existing fossil fuel steam generators with more than 250 million BTU per hour heat input and with a capacity factor of greater than 30 percent for the latest year of record or as otherwise documented to the Department by the owner or operator, shall install continuous monitoring systems as set forth in this subparagraph. Any reactivated or previously exempted unit whose operated capacity factor for the previous six months is greater than 30 percent must install continuous monitoring systems as set forth in this subparagraph no later than twelve months following the previous six month period of achieving a capacity factor greater than 30 percent.

1. Opacity. All emissions units as set forth in paragraph 62-296.405(7)(a), F.A.C., shall install continuous monitoring systems for monitoring opacity. Exempted are:

a. Emissions units burning only gas, oil, or gas and oil which comply with the applicable state visible emission limiting standard without the use of emission control equipment.

b. Any emissions unit using a wet scrubber.

2. Sulfur dioxide. All emissions units as set forth in paragraph 62-296.405(7)(a), F.A.C., shall install sulfur dioxide continuous monitoring equipment on units which have installed sulfur dioxide control equipment. Those emissions units not having an operating flue gas desulfurization device may monitor sulfur dioxide emissions by fuel sampling and analysis according to methods approved by EPA.

3. Nitrogen Oxides. All new emissions units as set forth in paragraph 62-296.405(7)(a), F.A.C., with more than 1000 million BTU per hour heat input shall, during construction, install continuous monitoring systems for monitoring nitrogen oxides.

4. Oxygen or Carbon Dioxide. A continuous monitoring system shall be installed at each emissions unit, as set forth in paragraph 62-296.405(7)(a), F.A.C., where measurements of oxygen or carbon dioxide in the flue gas are utilized to convert either sulfur dioxide or nitrogen oxides continuous emission monitoring data to units of the emission limiting standards for proof of compliance as set forth in Rule 62-296.405, F.A.C.

(b) The exemption from opacity monitoring under sub-subparagraph 62-296.405(7)(a)1.a., F.A.C., shall not apply to any emissions unit which has been found to be in violation of the visible emission limiting standard pursuant to administrative proceedings conducted under Chapter 120, F.S., or judicial proceedings after January 1, 1978. No later than ninety days following the date an order establishing such violation becomes final, the owner or operator of such emissions unit shall submit to the Department a proposed compliance schedule for installing a continuous opacity monitoring system. Following incorporation of a compliance schedule into the emission unit's air permit, the owner or operator shall install the continuous monitoring system in accordance with the schedule.

(8) Semi-annual Reporting Requirements. The owners or operators of facilities for which monitoring is required shall submit to the Department a written report of emissions in excess of emission limiting standards as set forth in Rule 62-296.405, F.A.C., for each semi-annual period. Each semi-annual report shall cover the 6-month periods of January 1 – June 30 and July 1 – December 31. The reports shall be submitted by the 60th day following the end of each calendar half (i.e., March 1st and August 29th of every year). The nature and cause of the excessive emissions shall be explained. This report does not relieve the owner or operator of the legal liability for violations. All recorded data shall be maintained on file by the Source for a period of two years.

(9) For the purposes of this rule, nameplate generating capacity means the manufacturer's capacity rating of electrical generating output (expressed in MWe) as designed.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(5), Amended 6-29-93, Formerly 17-296.405, Amended 11-23-94, 1-1-96, 3-13-96, 3-2-99, 7-10-14, 6-23-22.

Fla. Admin. Code R. 62-296.406 Fossil Fuel Steam Generators with Less Than 250 Million Btu Per Hour Heat Input

The following standards apply to emissions units, except for emissions units that would otherwise be exempt from permitting pursuant to subsection 62-210.300(3), F.A.C., and emissions units that would otherwise be considered insignificant pursuant to subparagraph 62-213.300(2)(a)1., or paragraph 62-213.430(6)(b), F.A.C. These standards apply unless otherwise specified by rule, or by order or permit issued by the Department prior to July 15, 1989.

(1) Visible Emissions – shall not exceed 20 percent opacity except for one six-minute period per one-hour period during which opacity shall not exceed 27 percent. An opacity of 30 percent shall be allowed for emissions units rated at 241 million Btu per hour heat input for which a valid Department operating permit was issued prior to October 1, 1972 in Escambia County, while burning fuel oil in conjunction with waste material derived from waste streams previously discharged into underground wells.

(2) Particulate Matter – Best available control technology.

(3) Sulfur Dioxide – Best available control technology.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(6), Amended 6-29-93, Formerly 17-296.406, Amended 11-23-94, 3-13-96, 3-2-99, 7-10-14, 11-5-20.

Fla. Admin. Code R. 62-296.407 Portland Cement Plants

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(7), 17-296.407, Amended 11-23-94, 1-1-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-296.408 Nitric Acid Plants

These limits are applicable to emissions units producing weak nitric acid (50 to 70 percent) by pressure or atmospheric pressure process.

(1) Visible emissions – shall not exceed 10 percent opacity.

(2) Nitrogen Oxides – emissions shall not exceed 3 pounds per ton of acid produced (100 percent basis).

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test methods for nitrogen oxides emissions shall be EPA Methods 7, 7A, 7B, 7C, or 7D, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at rule 62-204.800, F.A.C. The minimum sample volume shall be as specified in EPA Method 7. Four grab samples at 15 minute intervals (±2 minutes) per run required.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(8), 17-296.408, Amended 11-23-94, 1-1-96, 7-10-14, 11-5-20.

Fla. Admin. Code R. 62-296.409 Sulfur Recovery Plants

(1) New Plants recovering sulfur from crude oil gas – emissions shall not exceed 0.004 pounds of sulfur dioxide per pound of sulfur input to the recovery system or 0.004 pounds of sulfur dioxide per pound of sulfur removed from an oil well. “New Plants” are those plants which did not receive an air construction permit from the department prior to July 1, 1973.

(2) Existing Plants (for which a valid Department Construction permit was issued prior to July 1, 1973) recovering sulfur from crude oil gas – emissions shall not exceed 0.08 pounds of sulfur dioxide per pound of sulfur input to the recovery system or 0.08 pounds of sulfur dioxide per pound of sulfur removed from crude oil or gas processed.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for sulfur dioxide shall be EPA Method 6, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at rule 62-204.800, F.A.C. The minimum sample volume shall be 0.71 dry standard cubic feet. Two 20-minute samples (+ or – five minutes) per run required.

(b) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(9), 17-296.409, Amended 11-23-94, 1-1-96, 7-10-14, 11-5-20.

Fla. Admin. Code R. 62-296.410 Carbonaceous Fuel Burning Equipment

(1) Emissions units for which a valid Department operation or construction permit was issued prior to July 1, 1974.

(a) Burners with a capacity less than 30 million Btu per hour heat input – Visible emissions shall not exceed 20 percent opacity except that visible emissions not exceeding 27 percent opacity shall be allowed for one six-minute period in any one-hour period.

(b) Burners with a capacity equal to or greater than 30 million Btu per hour heat input.

1. Visible Emissions – shall not exceed 30 percent opacity except that visible emissions not exceeding 33 percent opacity shall be allowed for one six-minute period in any one-hour period.

2. Particulate Matter – shall not exceed 0.3 pounds per million Btu of heat input of carbonaceous fuel plus 0.1 pounds per million Btu heat input of fossil fuel.

(2) New Emissions Units. “New Emissions Units” are those emissions units which did not receive an operation or air construction permit from the department prior to July 1, 1974.

(a) Burners of capacity less than 30 million Btu per hour total heat input – Visible emissions shall not exceed 20 percent opacity except that visible emissions not exceeding 27 percent opacity shall be allowed for one-six minute period in any one-hour period.

(b) Burners of capacity equal to or greater than 30 million Btu per hour total heat input.

1. Visible Emissions – shall not exceed 30 percent opacity except that visible emissions not exceeding 33 percent opacity shall be allowed for one six-minute period in any one-hour period.

2. Particulate Matter – shall not exceed 0.2 pounds per million Btu of heat input of carbonaceous fuel plus 0.1 pounds per million Btu heat input of fossil fuel.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test method for particulate emissions shall be EPA Method 5, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(10), 17-296.410, Amended 11-23-94, 1-1-96, 7-10-14, 11-5-20.

Fla. Admin. Code R. 62-296.411 Sulfur Storage and Handling Facilities

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(11), 17-296.411, Amended 11-23-94, 1-1-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-296.412 Petroleum Solvent Dry Cleaning Facilities

(1) Applicability. The requirements of subsections (2) through (5), below, apply to the following:

(a) Petroleum solvent dry cleaning facilities located in Broward, Duval, Hillsborough, Miami-Dade, Orange, Palm Beach, or Pinellas County, with solvent consumption equal to or greater than 9,750 gallons per year; and

(b) Petroleum solvent dry cleaning facilities in all other areas of the state with solvent consumption equal to or greater than 15,000 gallons per year.

(2) Each affected petroleum solvent dry cleaning dryer that is installed at a petroleum dry cleaning plant shall be a solvent recovery dryer. The solvent recovery dryer(s) shall be properly installed, operated, and maintained.

(3) Each affected petroleum solvent filter that is installed at a petroleum dry cleaning plant shall be a cartridge filter. Cartridge filters shall be drained in their sealed housings for at least eight hours prior to their removal.

(4) Each owner or operator of an affected petroleum solvent dryer shall include leak inspection and leak repair cycle information in the operating manual and on a clearly visible label posted on each affected facility. Such information should state: “To protect against fire hazards, loss of valuable solvents and emissions of solvent to the atmosphere, periodic inspection of this equipment for evidence of leaks and prompt repair of any leaks is required. The equipment must be inspected every 15 days and all vapor or liquid leaks be repaired within the subsequent 15 day period.”

(5) Keep records of equipment inspections and monthly solvent consumption.

History

• Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(12), 17-296.412, Amended 11-23-94, 4-18-95, 1-1-96, 3-13-96, 6-25-96, 10-7-96, 3-11-10, 7-10-14, 8-14-19.

Fla. Admin. Code R. 62-296.413 Synthetic Organic Fiber Production

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(13), 17-296.413, Amended 11-23-94, 1-1-96, 3-13-96, 2-12-06, Repealed 2-16-12.

Fla. Admin. Code R. 62-296.414 Concrete Batching Plants

The following requirements apply to emissions units producing concrete and concrete products by batching or mixing cement and other materials. This rule also applies to facilities processing cement and other materials for the purposes of producing concrete, and to equipment used to mix cement and soil for onsite soil augmentation or stabilization.

(1) Stack Emissions. Emissions from silos, weigh hoppers (batchers), and other enclosed storage and conveying equipment shall be controlled to the extent necessary to limit visible emissions to 5 percent opacity.

(2) Unconfined Emissions. The owner or operator shall take reasonable precautions to control unconfined emissions from hoppers, storage and conveying equipment, conveyor drop points, truck loading and unloading, roads, parking areas, stock piles, and yards as required by paragraph 62-296.320(4)(c), F.A.C. For concrete batching plants the following shall constitute reasonable precautions:

(a) Management of roads, parking areas, stock piles, and yards, which shall include one or more of the following:

1. Paving and maintenance of roads, parking areas, and yards.

2. Application of water or environmentally safe dust-suppressant chemicals when necessary to control emissions.

3. Removal of particulate matter from roads and other paved areas under control of the owner or operator to mitigate reentrainment, and from building or work areas to reduce airborne particulate matter.

4. Reduction of stock pile height or installation of wind breaks to mitigate wind entrainment of particulate matter from stock piles.

(b) Use of spray bar, chute, or partial enclosure to mitigate emissions at the drop point to the truck.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this subsection shall comply with the following requirements.

(a) The reference test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R., Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) Test procedures shall conform to the procedures specified in Rule 62-297.310, F.A.C. All test results shall be reported to the Department in accordance with the provisions of Rule 62-297.310, F.A.C.

(c) Visible emissions tests of silo dust collector exhaust points shall be conducted while loading the silo at a rate that is representative of the normal silo loading rate. The minimum loading rate shall be 25 tons per hour unless such rate is unachievable in practice. If emissions from the weigh hopper (batcher) operation are also controlled by the silo dust collector, the batching operation shall be in operation during the visible emissions test. The batching rate during the emissions test shall be representative of the normal batching rate and duration. Each test report shall state the actual silo loading rate during emissions testing and, if applicable, whether or not batching occurred during emissions testing.

(d) If emissions from the weigh hopper (batcher) operation are controlled by a dust collector which is separate from the silo dust collector, visible emissions tests of the weigh hopper (batcher) dust collector exhaust point shall be conducted while batching at a rate that is representative of the normal batching rate and duration. Each test report shall state the actual batching rate during emissions testing.

(4) Frequency of Testing.

(a) The owner or operator of any concrete batching plant using an air general permit shall have a visible emissions test conducted for stack emissions referenced in subsection 62-296.414(1), F.A.C., no later than sixty (60) days after commencing initial operation, and annually thereafter.

(b) The owner or operator of any concrete batching plant operating under the authority of an air construction permit or air operation permit shall have a visible emissions test conducted for stack emissions referenced in subsection 62-296.414(1), F.A.C., prior to submitting the application for an initial air operation permit, and annually thereafter.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.600(14), 17-296.414, Amended 11-23-94, 1-1-96, 11-13-97, 1-10-07, 7-10-14, 11-5-20.

Fla. Admin. Code R. 62-296.415 Soil Thermal Treatment Facilities

This rule prescribes air pollution control requirements for soil thermal treatment facilities. Soil thermal treatment facilities are only authorized to treat petroleum contaminated soil as defined in chapter 62-775, F.A.C., Soil Thermal Treatment Facilities. The following requirements apply to all soil thermal treatment facilities.

(1) Volatile Organic Compounds (VOC).

(a) A soil thermal treatment facility shall be designed and operated to expose the organic vapors from the soil during thermal treatment to one of the following combinations:

Minimum Temperature

Minimum Time

(Fahrenheit)

(Seconds)

1,500

and

1.0

1,600

and

0.5

1,800

and

0.3

The minimum temperature shall be determined by a continuous temperature monitor pursuant to the applicable continuous emissions monitoring requirements of subsection 62-296.415(6), F.A.C. When soil is being treated, the minimum temperature shall be met or exceeded at all times except for 4 minutes in any 60 minute period, provided that the temperature does not fall below 100 degrees Fahrenheit of the required minimum temperature for the corresponding residence time. The minimum residence time shall be met or exceeded at all times while soil is being treated.

(b) The average carbon monoxide (CO) emissions shall not exceed 100 parts per million (ppm) by volume, dry basis, during all 60-consecutive-minute periods of plant operation. The average CO emissions is the arithmetic mean of all CO concentration measurements during any consecutive 60 minutes of plant operation that were recorded by the continuous emissions monitor required pursuant to subsection 62-296.415(6), F.A.C.

(c) A soil thermal treatment facility shall continually monitor the temperature and carbon monoxide content of the flue gases leaving the high temperature zone pursuant to the applicable continuous emissions monitoring requirements of subsection 62-296.415(6), F.A.C. Temperature and carbon monoxide monitors shall be co-located unless otherwise approved by the Department.

(d) Soil thermal treatment facilities must possess an air permit authorizing the processing of soils containing polychlorinated biphenyls (PCBs), if soil contaminated with PCBs is to be thermally treated.

(2) Visible Emissions. Visible emissions (VE) from a stack shall not exceed 5% opacity as determined by the test method specified in subsection 62-296.415(5), F.A.C., when thermally treating soil.

(3) Particulate Matter Emissions. The particulate matter emissions shall not exceed 0.04 grains per dry standard cubic foot (gr/dscf) as determined by the test method specified in subsection 62-296.415(5), F.A.C.

(4) Unconfined Emissions. A soil thermal treatment facility is subject to Rule 62-296.320, F.A.C., Unconfined Emissions of Particulate Matter. As a minimum, before and after thermal soil treatment is accomplished, unconfined emissions of particulate matter from the soil shall be controlled by application of water or containment.

(5) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test method for particulate emissions shall be EPA Method 5, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet.

(c) The test method for carbon monoxide shall be EPA Method 10, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(d) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

(6) Continuous Emissions Monitoring Requirements. Any facility subject to this rule shall be equipped with instruments to continuously monitor and record the temperature and the carbon monoxide concentration of the flue gases leaving the high temperature zone, but before any dilution air is mixed with the flue gases. The temperature monitor shall be certified by the manufacturer to be accurate to within 1% of the temperature being measured. The temperature monitoring system shall be calibrated at least annually by the procedure recommended by the manufacturer. The calibration shall be at a minimum of three temperatures and over a range from 10% below to 10% above the designed flue gas hot zone temperature of the soil thermal treatment facility. Calibration records shall be kept for a minimum of three years. The carbon monoxide monitor shall be certified by the manufacturer to be accurate to within 10% of the carbon monoxide concentration by volume, mean value, or 5% of the applicable standard of 100 ppm, whichever is greater, as determined by EPA Test Method 10, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference in Rule 62-204.800, F.A.C. The carbon monoxide continuous emission monitoring device shall be certified, calibrated, and operated according to Performance Specification 4 of 40 C.F.R. Part 60, Appendix B, adopted and incorporated by reference in Rule 62-204.800, F.A.C., excluding Section 5.2, Calibration Drift Test Period, of Performance Specification 2.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 11-17-92, Formerly 17-296.415, Amended 11-23-94, 1-1-96, 3-13-96, 7-10-14, 11-5-20.

Fla. Admin. Code R. 62-296.416 Waste-to-Energy Facilities

(1) Applicability. The requirements of this rule apply to all waste-to-energy facilities with charging rates of 40 tons per day or more. For those facilities subject to this rule and paragraph 62-204.800(9)(b), F.A.C., the mercury emissions limiting standards in this rule shall apply in place of the less restrictive mercury emission limiting standard set forth at paragraph 62-204.800(9)(b), F.A.C. However, the mercury percent reduction standard (85 percent) in paragraph 62-204.800(9)(b), F.A.C., shall apply in place of the less restrictive mercury percent reduction standard (80 percent) set forth in this rule.

(2) Relationship to Best Available Control Technology. The emission limitations in this rule supersede any less stringent emission limitations including those based on a best available control technology (BACT) determination made pursuant to Rule 62-212.400, F.A.C., or 40 C.F.R. 52.21. The application of BACT shall not result in emissions of any air contaminant which exceeds the emission limits set forth in this rule.

(3) Mercury Emissions Limiting Standards. Waste-to-energy facilities subject to the requirements of this rule shall comply with the mercury emission limiting standards of paragraph 62-296.416(3)(a) or (b), F.A.C., depending on whether the facility chooses to control mercury emissions through the use of post-combustion control equipment designed to remove mercury from flue gases or mercury waste separation, respectively. Facilities choosing to control mercury emissions through the use of mercury control equipment must also comply with the flue gas temperature standard of subsection 62-296.416(4), F.A.C.

(a) Emissions Standard for Facilities Using Mercury Control Equipment.

1. Mercury emissions from facilities using post-combustion control equipment designed to remove mercury from flue gases shall not exceed 70 micrograms per dry standard cubic meter of flue gas, corrected to 7 percent 02, or 20 percent by weight of the mercury in the flue gas upstream of the mercury control device (80 percent reduction by weight), whichever occurs first.

2. Facilities with sulfur dioxide and hydrogen chloride control equipment in place or under construction as of July 1, 1993, and which choose to control mercury emissions through the use of mercury control equipment, shall comply with the mercury emissions limiting standard of subparagraph 62-296.416(3)(a)1., F.A.C., by July 1, 1995. All other facilities choosing to control mercury emissions through the use of mercury control equipment shall comply with the mercury emissions limiting standard of subparagraph 62-296.416(3)(a)1., F.A.C., by the date that the facility is required to demonstrate compliance with sulfur dioxide and hydrogen chloride emission limits, which limits are established at paragraph 62-204.800(9)(b), F.A.C.

3. Facilities subject to the mercury emissions limiting standard of subparagraph 62-296.416(3)(a)1., F.A.C., shall demonstrate individual emissions unit compliance by the compliance date specified in subparagraph 62-296.416(3)(a)2., F.A.C., and annually thereafter.

(b) Emissions Standards for Facilities Using Waste Separation. The Department recognizes that reduction of mercury emissions from waste-to-energy facilities may be achieved by implementation of mercury waste separation programs. Such programs would require removal of objects containing mercury from the waste stream before the waste is used as a fuel.

1. Facilities with sulfur dioxide and hydrogen chloride control equipment in place or under construction as of July 1, 1993, and which choose to control mercury emissions exclusively through the use of a waste separation program, shall submit a program plan to the Department by March 1, 1994, and shall comply with the following emissions limiting schedule.

a. After July 1, 1995, mercury emissions shall not exceed 140 micrograms per dry standard cubic meter of flue gas, corrected to 7 percent O2.

b. After July 1, 1997, mercury emissions shall not exceed 70 micrograms per dry standard cubic meter of flue gas, corrected to 7 percent O2.

2. Beginning no later than July 1, 1994, facilities subject to subparagraph 62-296.416(3)(b)1., F.A.C., shall perform semiannual individual emissions unit mercury emissions tests. Facilities shall stagger the semiannual testing of individual emissions units such that at least one test is performed quarterly. All tests conducted after July 1, 1995, shall be used to demonstrate compliance with the mercury emissions limiting standards of subparagraph 62-296.416(3)(b)1., F.A.C.

3. Facilities which do not have sulfur dioxide and hydrogen chloride control equipment in place or under construction as of July 1, 1993, and which choose to control mercury emissions exclusively through the use of a waste separation program, shall comply with a mercury emission limitation of 70 micrograms per dry standard cubic meter of flue gas, corrected to 7 percent O2, by the later of July 1, 1997, or the date that the facility is required to demonstrate compliance with sulfur dioxide and hydrogen chloride emission limits, which limits are established after July 1, 1993. If the facility is required to demonstrate compliance with sulfur dioxide and hydrogen chloride emission limits by a date prior to July 1, 1997, it shall comply with a mercury emission limitation of 140 micrograms per dry standard cubic meter of flue gas, corrected to 7 percent O2, by that date and until July 1, 1997.

4. Facilities subject to subparagraph 62-296.416(3)(b)3., F.A.C., shall demonstrate individual emissions unit compliance with the mercury emission limiting standard by the date specified therein and semiannually thereafter. Facilities shall stagger the semiannual testing of individual emissions units such that at least one test is performed quarterly.

(c) Mercury Emissions Inventory. For emissions inventory purposes, all waste-to-energy facilities with charging rates of 40 tons or more per day shall perform annual individual emissions unit mercury emissions tests and report the results to the Department. This testing shall begin during calendar year 1993 and end upon initiation of mercury testing pursuant to paragraph 62-296.416(3)(a) or (b), F.A.C.

(d) Mercury Emissions Test Method and Procedures. All mercury emissions tests performed pursuant to the requirements of this rule shall comply with the following provisions.

1. The test method for mercury shall be EPA Method 29, as described at 40 C.F.R. Part 60, Appendix A-8, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

2. Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

(4) Flue Gas Temperature Standard. Waste-to-energy facilities choosing to control mercury emissions through the use of post-combustion control equipment designed to remove mercury from flue gases shall comply with the flue gas temperature standard of paragraph 62-296.416(4)(a), F.A.C.

(a) Temperature Standard. The flue gas temperature standard set forth in 40 C.F.R. 60.53b(c), incorporated by reference in Rule 62.204.800, F.A.C., shall apply.

(b) Temperature Monitoring. The temperature monitoring requirements set forth in 40 C.F.R. 60.58b(i), incorporated by reference in Rule 62-204.800, F.A.C., shall apply.

(5) Carbon Usage Rate. The carbon injection rate operating standard and monitoring requirements set forth in 40 C.F.R. 60.58b(m), incorporated by reference in Rule 62-204.800, F.A.C., shall apply.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 10-5-93, Formerly 17-296.416, Amended 11-23-94, 1-1-96, 10-20-96, 7-10-14.

Fla. Admin. Code R. 62-296.417 Volume Reduction, Mercury Recovery and Mercury Reclamation

The terms “mercury recovery process” and “mercury reclamation process” are intended to have the same meanings as “mercury recovery facility” and “mercury reclamation facility,” respectively, as defined in Rule 62-737.200, F.A.C. The term “volume reduction process” means a facility where operations or processes are performed or equipment is used to receive and process spent mercury-containing lamps or devices in a manner such as crushing, grinding, compacting, or physically altering the state of the lamps or devices and which does not produce separation of the residuals, and is used for the size or volume reduction of lamps or mercury-containing devices. The term “facility” as used in this rule is intended to have the meaning as defined in Rule 62-210.200, F.A.C. The following standards apply to all volume reduction, mercury recovery and mercury reclamation processes except those exempted in paragraph 62-210.300(3)(a), F.A.C.

(1) Operating Requirements. Facilities subject to this rule shall meet all operating requirements set forth herein, except that a facility may choose to control mercury emissions through the use of dual air handling systems or a single air handling system with redundant mercury controls, pursuant to either paragraph 62-296.417(1)(c) or (d), F.A.C., respectively.

(a) Permissible Exposure Limit. The United States Occupational Safety and Health Administration (OSHA) permissible exposure limit for mercury vapor, set forth in 29 C.F.R. 1910.1000, is hereby adopted and incorporated by reference.

(b) Negative Pressure Requirement for Processing Area. The area in which the processing equipment is located shall be fully enclosed and kept under negative pressure while processing mercury-containing lamps or devices. The term processing equipment is intended to have the meaning as defined in Rule 62-737.200, F.A.C.

(c) Facilities with Dual Air Handling Systems.

1. The owner or operator shall install a primary air handling system with air pollution control equipment in order to reduce the mercury content of the air collected during the volume reduction and mercury recovery and reclamation processes.

2. The air collected by the primary system shall be vented within a fully enclosed area of the facility after the air is filtered through the air pollution control equipment.

3. Once each day the facility processes any mercury-containing lamps or devices and while mercury-containing lamps or devices are being processed, a sample of air shall be collected within the fully enclosed area of the facility in which the air collected by the primary air handling system is vented. The mercury content of the sample shall be determined for comparison with the OSHA permissible exposure limit. The terms mercury-containing lamps and mercury-containing devices are intended to have the meanings as defined in Rule 62-737.200, F.A.C.

4. The owner or operator shall operate, monitor and maintain the primary system air pollution control equipment in such a manner as not to exceed the OSHA permissible exposure limit for mercury vapor within the fully enclosed area of the facility in which the air collected by the primary air handling system is vented.

5. The owner or operator shall install a secondary air handling system in order to maintain negative pressure in the fully enclosed area of the facility in which the air collected by the primary system is vented.

6. The owner or operator shall install, operate, monitor and maintain air pollution control equipment in order to reduce the mercury content of the air collected by the secondary air handling system.

7. The primary system with air pollution controls shall be independent and separate from the secondary system with air pollution controls. The primary and secondary system air pollution controls shall incorporate carbon filters or equivalent technology.

(d) Facilities Using a Single Air Handling System with Redundant Mercury Controls.

1. The owner or operator shall operate, monitor and maintain an air handling system with redundant air pollution control equipment in order to reduce the mercury content of the air collected during the volume reduction and mercury recovery and reclamation processes.

2. Redundant air pollution control equipment shall incorporate at least two carbon filters or equivalent technology arranged in series so that the air passes through both filters before being released. Each filter shall be designed as to ensure compliance with the OSHA permissible exposure limit for mercury vapor at the emission point in the event of a single filter failure.

3. Once each day the facility processes any mercury-containing lamps or devices and while mercury-containing lamps or devices are being processed, a sample of air shall be collected downstream of the first carbon filter (or equivalent technology) and upstream of the second. The mercury content of the sample shall be determined for comparison with the OSHA permissible exposure limit.

4. The owner or operator shall operate, monitor and maintain the air pollution control equipment in such a manner as not to exceed the OSHA permissible exposure limit for mercury vapor downstream of the first carbon filter (or equivalent technology) and upstream of the second.

(2) Recordkeeping Requirements. The owner or operator of a facility subject to this rule shall maintain records of monitoring information that specify the date, place, and time of measurement; the methodology used; and the analytical results. These shall include all calibration and maintenance records of monitoring equipment. The owner or operator shall retain records of all monitoring data and supporting information, available for Department inspection, for a period of at least five years from the date of collection.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 10-16-95, Amended 3-13-96, 3-2-99, 11-5-20.

Fla. Admin. Code R. 62-296.418 Bulk Gasoline Plants

(1) The owner or operator of a bulk gasoline plant that has begun operation prior to August 1, 2007, is located in Broward, Duval, Hillsborough, Miami-Dade, Orange, Palm Beach, or Pinellas County, and has an average annual daily throughput of more than 2,000 gallons (7,570 liters) shall comply with the following requirements.

(a) Gasoline shall not be loaded into a stationary storage tank at the bulk gasoline plant unless the storage tank is equipped for submerged filling, and such equipment is used as designed.

(b) Gasoline shall not be loaded into a gasoline cargo tank at the bulk gasoline plant unless the gasoline cargo tank is equipped for submerged filling, and such equipment is used as designed.

(2) The owner or operator of a bulk gasoline plant that begins operation on or after August 1, 2007, at any location in the state and with any throughput rate shall comply with the following requirements.

(a) Gasoline shall not be loaded into a stationary storage tank at the bulk gasoline plant unless the storage tank is equipped for submerged filling, and such equipment is used as designed.

(b) Gasoline shall not be loaded into a gasoline cargo tank at the bulk gasoline plant unless:

1. The gasoline cargo tank is equipped for submerged filling, and such equipment is used as designed,

2. The loading rack is equipped with a vapor collection and control system designed to minimize emissions of vapors displaced from the gasoline cargo tank during product loading; and,

3. The loading rack vapor collection and control system is designed and operated to prevent any vapors collected at the loading rack from passing to another loading rack.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 5-9-07, Amended 3-11-10, 8-14-19.

Fla. Admin. Code R. 62-296.470 Implementation of Federal Clean Air Interstate Rule

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 9-4-06, Amended 4-1-07, 10-6-08, Repealed 8-14-19.

Fla. Admin. Code R. 62-296.480 Implementation of Federal Clean Air Mercury Rule

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 9-6-06, Repealed 1-7-10.

Fla. Admin. Code R. 62-296.500 Reasonably Available Control Technology (RACT) – Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOx) Emitting Facilities

(1) Applicability.

(a) The specific emission limiting standards and other requirements of Rules 62-296.500 through 62-296.516, F.A.C., shall apply to each stationary VOC-emitting stationary emissions unit in Broward, Duval, Hillsborough, Miami-Dade, Orange, Palm Beach, or Pinellas County, except for any emission unit which has been or would be subject to Prevention of Significant Deterioration review or Preconstruction Review for Nonattainment Areas, pursuant to 40 C.F.R. 52.21, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.; or Rules 17-2.17 (repealed), 17-2.500 (transferred), 17-2.510 (transferred); Rules 62-212.400 or 62-212.500, F.A.C.

(b) In addition to the applicable requirements of this rule, the specific emission limiting standards and other requirements of Rule 62-296.570, F.A.C., shall apply in Broward, Dade, and Palm Beach counties to major VOC-emitting facilities not regulated in whole under Rules 62-296.501 through 62-296.516, F.A.C., and major NOx-emitting facilities, except those new and modified major VOC- and NOx-emitting facilities which have been or would be subject to Prevention of Significant Deterioration review or Preconstruction Review for Nonattainment Areas, pursuant to 40 C.F.R. 52.21, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.; or Rule 17-2.17 (repealed), 17-2.500 (transferred), 17-2.510 (transferred); Rules 62-212.400, or 62-212.500, F.A.C.

(2) Permit, Recordkeeping, and Compliance Reporting Requirements.

(a) Permits – Special Considerations.

1. Permits to construct or operate are required for all emissions units subject to a specific emission limiting standard or other requirement of Rules 62-296.501 through 62-296.516, or 62-296.570, F.A.C., except those emissions units subject to Rule 62-296.512, F.A.C., Cutback Asphalt, or emissions units operating under an Air General Permit pursuant to Rule 62-210.310, F.A.C.

2. Permits to operate shall contain conditions relating to operation, emission levels, control equipment, use of low solvent technology or other resource characteristics necessary to insure compliance with the applicable rules.

(b) Recordkeeping.

1. An owner or operator of a stationary emissions unit using adhesives, coating, solvents, and/or graphic arts materials and subject to a specific emission limiting standard or other requirement of Rules 62-296.501 through 62-296.516, or 62-296.570, F.A.C., shall maintain daily records of operations for the most recent two year period. The records shall be made available to the local, state, or federal air pollution agency upon request. The records shall include, but not be limited to, the following:

a. The rule number applicable to the operation for which the records are being maintained.

b. The application method and substrate type (metal, plastic, paper, etc.).

c. The amount and type of adhesive, coatings (including catalyst and reducer for multicomponent coatings), solvent, and/or graphic arts material used at each point of application, including exempt compounds.

d. The VOC content as applied in each adhesive coating, solvent, and/or graphic arts material.

e. The date for each application of adhesive coating, solvent, and/or graphic arts material.

f. The amount of surface preparation, clean-up, wash-up of solvent (including exempt compounds) used and the VOC content of each.

g. Oven temperature (where applicable).

2. VOC content shall be calculated using a percent solids basis (less water and exempt solvents) for adhesives, coating, and inks, using EPA Reference Method 24.

3. VOC content and density of rotogravure publication inks shall be determined by EPA Reference Method 24A.

4. The Department may accept, instead of the coating analysis methods required under paragraphs 62-296.500(2)(b)2. and 3., F.A.C., a certification by the coating manufacturer of the composition of the coating if it is supported by actual batch formulation records. The manufacturer’s certification shall be consistent with EPA’s document number 450/3-84-019, titled, “Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings,” effective December 1984, herein adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-10762).

5. When an emissions unit utilizes add-on controls to achieve compliance, documentation will be necessary to assure proper operation. Examples of some controls and related information are:

a. Thermal incinerator – combustion temperature, inlet and outlet VOC concentration from emission tests, how and when these concentrations were determined, destruction or removal efficiency, and manufacturer data.

b. Catalytic incinerator – exhaust gas temperature, change in temperature across catalyst bed, date of last change of catalyst bed, inlet and outlet VOC concentration from emission tests, how and when these concentrations were determined, destruction or removal efficiency, and manufacturer data.

c. Condenser – inlet temperature of cooling medium, outlet temperature of cooling medium, inlet and outlet VOC concentration from emission tests, how and when these concentrations were determined, removal efficiency, and manufacturer data.

(c) Reporting. Annually, in accordance with a schedule and reporting format provided by the Department, the owner or operator of any emissions unit having a Department air operation permit and subject to a specific emission limitation under Rules 62-296.501 through 62-296.516, F.A.C., shall provide the Department with proof of compliance with such limitation. Compliance with the requirements of Rule 62-296.570, F.A.C., shall be demonstrated in accordance with the provisions of that rule.

(3) Exceptions.

(a) Emissions units which in combination with all other emissions units at the facility subject to the same specific emission limitation under Rules 62-296.501 through 62-296.516, F.A.C., emit VOC at rates of not more than 15 pounds (6.8 kilograms) in any one day and not more than 3 pounds (1.4 kilograms) in any one hour.

(b) Emissions units used exclusively for chemical or physical analysis, or for the determination of product quality and commercial acceptance, provided:

1. The operation of the emissions unit is not an integral part of any production process; and,

2. The emissions from the emissions unit do not exceed 800 pounds (363 kilograms) in any one calendar month.

(4) Consideration of Exempt Solvents – Compliance calculations for coatings containing solvents exempted under the definition of VOC shall be determined as follows:

Given the mass of VOC and mass of exempt solvent per unit volume of coating, determine the mass of VOC per unit volume of coating less exempt solvent.

Let

x = mass of exempt solvent per unit volume of coating

y = mass of VOC per unit volume of coating

d = density of exempt solvent

z = mass of VOC per unit volume of coating less exempt solvent.

Then

z = [y/ (1 - x/d)] or

If more than one solvent is present and the individual volumes and densities are known, use:

d = d1 V1 + d2 V2 + . . . dn Vn

---

V1 + V2 + . . . Vn

where

V = volume of each component solvent

(5) Compliance may be demonstrated for surface coating and graphic arts facilities on a 24-hour weighted average basis for a single emissions unit point with a single emission limit.

(6) Specific Emission Limitations. The specific volatile organic compounds emission limiting standards set forth in Rules 62-296.401 through 62-296.416, F.A.C., have been found to represent the application of RACT for each emissions unit category listed in those rules except for those emissions unit categories listed in Rules 62-296.501 through 62-296.516, and 62-296.570, F.A.C. For those emissions unit categories the volatile organic compounds emission standards of Rules 62-296.501 through 62-296.516, and 62-296.570, F.A.C., have been found to represent the application of RACT. Emission limitations for surface coating operations shall be expressed in units of pounds VOC/gallon of solids as applied rather than pounds VOC/gallon of coating (less water and exempt solvents) when crossline averaging or compliance using add-on control equipment such as incineration is involved. The method of calculating pounds VOC/gallon of solids as applied from the pounds VOC/gallon of coating is shown in Table 296.500-1.

TABLE 296.500-1 CALCULATION OF POUNDS VOC/GALLON OF SOLIDS

FROM POUNDS VOC/GALLON OF COATING

These calculations shall be determined as follows:

EXAMPLE CONVERSION

GIVEN: COATING OF 3 POUNDS VOC/GALLON OF COATING (LESS WATER AND EXEMPT SOLVENTS) AND

VOC DENSITY OF 7.36 POUNDS VOC/GALLON.

PROBLEM: CONVERT POUNDS VOC/GALLON OF COATING TO POUNDS VOC/GALLON OF SOLIDS.

STEP 1 – WHAT IS THE VOLUME OF VOC IN 1 GALLON OF COATING?

3 POUNDS VOC × 1 GALLON VOC = 0.408 GALLON VOC

GALLON COATING 7.36 POUNDS VOC GALLON COATING

STEP 2 – WHAT IS THE VOLUME OF SOLIDS IN 1 GALLON COATING?

1 GALLON COATING – VOLUME VOC = VOLUME SOLIDS

1 – 0.408 = 0.592 GALLON SOLIDS

STEP 3 – HOW MANY GALLONS OF COATING DOES IT TAKE TO GET A GALLON OF SOLIDS? (INVERSE OF STEP 2)

1 GALLON COATING = 1.689 GALLON COATING

0.592 GALLON SOLIDS GALLON SOLIDS

STEP 4 – CONVERT 3 POUNDS VOC/GALLON OF COATING TO POUNDS VOC/GALLON OF SOLIDS

3 POUNDS VOC × 1.689 GALLON COATING = 5.07 POUNDS VOC

GALLON COATING GALLON SOLIDS GALLON SOLIDS

ANSWER: 3 POUNDS VOC/GALLON OF COATING (LESS WATER AND EXEMPT SOLVENTS) = 5.07 POUNDS VOC/GALLON OF SOLIDS

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1) – (1)(f), Amended 2-2-93, 3-17-94, Formerly 17-296.500, Amended 11-23-94, 1-1-96, 3-11-10, 8-14-19.

Fla. Admin. Code R. 62-296.501 Can Coating

(1) Applicability. The emission limiting standards set forth in Rule 62-296.501, F.A.C., will apply to:

(a) Coating applicators and ovens of sheet, can, or end coating lines involved in sheet basecoat (exterior and interior) and overvarnish;

(b) Two-piece can exterior (basecoat and overvarnish);

(c) Two- and three-piece can interior body spray;

(d) Two-piece can exterior end (spray or roll coat);

(e) Three-piece can side-seam and end sealing compound operation.

(2) Emission Limiting Standards. No owner or operator of can coating lines subject to Rule 62-296.501, F.A.C., may cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds in excess of the total discharge that would occur if each coating line complied with the emission limitations contained in paragraphs 62-296.501(2)(a) through (d), F.A.C. below. Compliance with these limitations for any given day’s operation shall be determined by using the method contained in 45 FR80824. A copy of the above referenced document is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D. C., and may be inspected at the Department's Tallahassee office.

(a) 2.8 pounds per gallon of coating (0.34 kilograms per liter), excluding water, delivered to the coating applicator of:

1. Sheet basecoat (exterior and interior) and overvarnish, or

2. Two-piece can exterior (basecoat and overvarnish) operation.

(b) 4.2 pounds per gallon of coating (0.50 kilograms per liter), excluding water delivered to the coating applicator from two- and three-piece can interior body spray and two-piece can exterior end (spray or roll coat) operations.

(c) 5.5 pounds per gallon of coating (0.66 kilograms per liter), excluding water, delivered to the coating applicator from three-piece can side-seam spray operations.

(d) 3.7 pounds per gallon of coating (0.44 kilograms per liter) excluding water delivered to the coating applicator from can side-seams and end sealing compound operations.

(3) Control Technology. The emission limits in subsection 62-296.501(2), F.A.C., shall be achieved by:

(a) The application of low solvent content coating technology, or

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water.

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or EPA 450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by reference.

(b) Add-on Control Device.

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer adopted and incorporated by reference in Chapter 62-297, F.A.C.

2. Non-destructive. The test method for volatile organic compounds shall be VOC Capture Efficiency Test Procedures as described at Rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)1., 17-296.501, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.502 Coil Coating

(1) Applicability. The emission limiting standard set forth in Rule 62-296.502, F.A.C., will apply to coating applicators, coating lines with or without ovens, and quench areas of coil coating lines involved in prime and topcoat or single-coat operations.

(2) Emission Limiting Standard. No owner or operator of a coil coating line subject to Rule 62-296.502, F.A.C., may cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds in excess of 2.6 pounds per gallon of coating (0.31 kilograms per liter), excluding water delivered to a coating applicator from prime and topcoat or single-coat operations.

(3) Control Technology. The emission limit under subsection 62-296.502(2), F.A.C., shall be achieved by:

(a) The application of low solvent content coating technology, or

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as a total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water.

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or EPA 450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by reference.

(b) Add-on Control Device.

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyszer, adopted and incorporated by reference in Chapter 62-297, F.A.C.

2. Non-destructive. The test method for volatile organic compounds shall be VOC Capture Efficiency Test Procedures as described in Rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)2., 17-296.502, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.503 Paper Coating

(1) Applicability. The emission limiting standards set forth in Rule 62-296.503, F.A.C., will apply to roll, knife, or rotogravure coaters and drying ovens of paper coating lines. The following standards shall also apply to saturation operations.

(2) Emission Limiting Standards. No owner or operator of a paper coating line subject to Rule 62-296.503, F.A.C., may cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds in excess of 2.9 pounds per gallon of coating (0.35 kilograms per liter), excluding water, delivered to the coating applicator from a paper coating line.

(3) Control Technology. The emission limit under subsection 62-296.503(2), F.A.C., shall be achieved by:

(a) The application of low solvent content coating technology, or

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water.

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or EPA 450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by reference.

(b) Add-on Control Device.

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/ 2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer, adopted and incorporated by reference in Chapter 62-297, F.A.C.

2. Non-destructive. The test method for volatile organic compounds shall be VOC Capture Efficiency Test Procedures as described at rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)3., 17-296.503, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.504 Fabric and Vinyl Coating

(1) Applicability. The emission limiting standards set forth in Rule 62-296.504, F.A.C., will apply to roll, knife, or rotogravure coaters and drying ovens of fabric and vinyl coating lines. The following standards shall also apply to saturation operations.

(2) Emission Limiting Standards.

(a) No owner or operator of a fabric coating line or a vinyl coating line subject to Rule 62-296.504, F.A.C., may cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds in excess of:

1. 2.9 pounds per gallon of coating (0.35 kilograms per liter), excluding water, delivered to a coating applicator from a fabric coating line.

2. 3.8 pounds per gallon of coating (0.46 kilograms per liter), excluding water, delivered to a coating applicator from a vinyl coating line.

(3) Control Technology.

The emission limits under subsection 62-296.504(2), F.A.C., shall be achieved by:

(a) The application of low solvent content coating technology, or

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water.

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or EPA 450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by reference.

(b) Add-on Control Device.

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25 as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/ 2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer, adopted and incorporated by reference in Chapter 62-297, F.A.C.

2. Non-destructive. The test method for volatile organic compounds shall be VOC Capture Efficiency Test Procedures as described at Rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)4., 17-296.504, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.505 Metal Furniture Coating

(1) Applicability. The emission limiting standards set forth in Rule 62-296.505, F.A.C., will apply to the application areas, flash-off areas, and ovens of metal furniture coating lines involved in prime and topcoat or single-coating operations.

(2) Emissions Limiting Standards. No owner or operator of a metal furniture coating line subject to Rule 62-296.505, F.A.C., may cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds in excess of 3.0 pounds per gallon of coating (0.36 kilograms per liter), excluding water, delivered to the coating applicator from prime and topcoat or single-coat operations. Credit for transfer efficiency above the baseline of 60% for spray coating operations can be granted according to the following formula:

X = (te) (z) (y)

---

Y + (TE) (Z)

where

X = allowable maximum VOC content (kg VOC/liter of coating less

water)

Y = density of the VOC in the maximum VOC content coating

(kg/liter)

Z = applicable emission limit (kg VOC/liter of coating solids

deposited)

TE = transfer efficiency

An EPA and state approved test method for determination of transfer efficiency above the baseline is required.

(3) Control Technology. The emission limit under subsection 62-296.505(2), F.A.C., shall be achieved by:

(a) The application of low solvent content coating technology, or

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water.

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or EPA 450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by reference.

(b) Add-on Control Device.

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer, adopted and incorporated by reference in Chapter 62-297, F.A.C.

2. Non-destructive. The test method for volatile organic compounds shall be VOC Capture Efficiency Test Procedures as described at Rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)5., 17-296.505, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.506 Surface Coating of Large Appliances

(1) Applicability.

(a) The emission limiting standards set forth in Rule 62-296.506, F.A.C., shall apply to application areas, flash-off areas, and ovens of large appliance coating lines involved in prime, single, or topcoat coating operations. Credit for transfer efficiency above the baseline of 60% for spray coating operations can be granted according to the following formula:

X = (te) (z) (y)

---

Y + (TE) (Z)

where

X = allowable maximum VOC content (kg VOC/liter of coating less

water)

Y = density of the VOC in the maximum VOC content coating

(kg/liter)

Z = applicable emission limit (kg VOC/liter of coating solids

deposited)

TE = transfer efficiency

An EPA and state approved test method for determination of transfer efficiency above the baseline is required.

(b) Rule 62-296.506, F.A.C., does not apply to the use of quick-drying lacquers for repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed one quart (0.95 liters) in any one 8-hour period.

(2) Emission Limiting Standard. No owner or operator of a large appliance coating line subject to Rule 62-296.506, F.A.C., may cause, allow or permit the discharge into the atmosphere of any volatile organic compounds in excess of 0.34 kilograms per liter of coating (2.8 pounds per gallon), excluding water, delivered to the coating applicator from prime, single, or topcoat coating operations.

(3) Control Technology. The emission limit under subsection 62-296.506(2), F.A.C., shall be achieved by:

(a) The application of low solvent content coating technology, or

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water.

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or EPA 450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by reference.

(b) Add-on Control Device.

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer, adopted and incorporated by reference in Chapter 62-297, F.A.C.

2. Non-destructive. The test method for volatile organic compounds shall be VOC Capture Efficiency Test Procedures as described at Rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)6., 17-296.506, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.507 Magnet Wire Coating

(1) Applicability. The emission limiting standard set forth in Rule 62-296.507, F.A.C., shall apply to the ovens of magnet wire coating operations.

(2) Emission Limiting Standards. No owner or operator of a magnet wire coating oven subject to Rule 62-296.507, F.A.C., may cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds in excess of 1.7 pounds per gallon of coating (0.20 kilograms per liter), excluding water, delivered to the coating applicator from magnet wire coating operations.

(3) Control Technology. The emission limit under subsection 62-296.507(2), F.A.C., shall be achieved by:

(a) The application of low solvent content coating technology, or

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water.

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or EPA 450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by reference.

(b) Add-on Control Device.

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer, adopted and incorporated by reference in Chapter 62-297, F.A.C.

2. Non-destructive. The test method for volatile organic compounds shall be VOC Capture Efficiency Test Procedures as described at Rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)7., 17-296.507, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.508 Petroleum Liquid Storage

(1) Applicability.

(a) The control technology set forth in Rule 62-296.508, F.A.C., shall apply to all fixed roof storage vessels with capacities equal to or greater than 42,000 gallons (159,000 liters; nominal design 1,000 barrels (bbls.)) containing petroleum liquids whose true vapor pressure is greater than 1.50 psia (10.3 kilopascals) but shall not be used if the petroleum liquid has a true vapor pressure of 11.0 psia (76 kilopascals) or greater under actual storage conditions.

(b) Rule 62-296.508, F.A.C., shall not apply to volatile petroleum liquid storage vessels:

1. Equipped with external floating roofs before the effective date of this rule, or

2. Having capacities equal to or less than 420,000 gallons (1,590,000 liters; nominal design 10,000 bbls.) located at oil field production sites and used to store produced oil and condensate prior to lease custody transfer.

(2) Control Technology. Except as provided under paragraph 62-296.508(1)(b), F.A.C., no owner or operator of an affected emissions unit under paragraph 62-296.508(1)(a), F.A.C., shall permit the use of such emissions unit unless:

(a) The emissions unit has been retrofitted with an internal floating roof equipped with a closure seal, or seals, to close the space between the roof edge and tank wall, or the emissions unit has been retrofitted with an equally effective alternative control; and,

(b) The emissions unit is maintained such that there are no visible holes, tears, or other openings in the seal or any seal fabric or materials; and,

(c) All openings, except stub drains are equipped with covers, lids, or seals such that:

1. The cover, lid, or seal is in the closed position at all times except on demand for sampling, maintenance, repair, or necessary operational practices; and,

2. Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports; and,

3. Rim vents, if provided, are set to open when the roof is being floated off the roof leg supports or at the manufacturer’s recommended setting.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Internal Floating Roof and Roof Seals. The test method for volatile organic compounds shall be p. 6-2 of EPA 450/2-77-036, incorporated and adopted by reference in Chapter 62-297, F.A.C.

(b) Add-on Control Device.

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer, adopted and incorporated by reference in Chapter 62-297, F.A.C.

2. Non-destructive. The test method for volatile organic compounds shall be VOC Capture Efficiency Test Procedures as described at Rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)8., 17-296.508, Amended 11-23-94, 1-1-96, 10-6-08, 7-10-14.

Fla. Admin. Code R. 62-296.509 Bulk Gasoline Plants

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)9., 17-296.509, Repealed 5-9-07.

Fla. Admin. Code R. 62-296.510 Bulk Gasoline Terminals

(1) Applicability. The emission limiting standards or control technology set forth in Rule 62-296.510, F.A.C., applies to bulk gasoline terminals and the appurtenant equipment necessary to load the tank truck or trailer compartments.

(2) Emission Limiting Standards. Emissions units affected under subsection 62-296.510(1), F.A.C., shall not allow mass emissions of volatile organic compounds from control equipment to exceed 4.7 grains per gallon (80 milligrams per liter) of gasoline loaded.

(3) Control Technology. No person shall load gasoline into any tank, trucks or trailers from any bulk gasoline terminal unless:

(a) Displaced vapors are vented only to the vapor control system; and,

(b) A means is provided to prevent liquid waste from the loading device to exceed the quantity specified for the self sealing coupler or adapter according to API regulation RP 1004 (or equivalent) upon the loading device being disconnected or when it is not in use (the above referenced are available from the American Petroleum Institute, 2101 “L” Street N.W., Washington, D.C. 20037); and,

(c) All loading and vapor lines equipped with fittings are vapor tight; and,

(d) The bulk gasoline terminal is equipped with a properly installed and operated vapor control system complying with rule 62-296.510, F.A.C., and which recovers vapors from the equipment being controlled or which directs all vapors to a combustion or incineration system.

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Vapor Control Emissions. The test methods for volatile organic compounds shall be EPA Methods 2A and 2B, as described at 40 C.F.R. Part 60, Appendix A-1; and EPA Methods 25A and 25B, as described at 40 C.F.R. Part 60, Appendix A-7; adopted and incorporated by reference at Rule 62-204.800, F.A.C. Sub-subpargraph 62-297.440(2)(b)1.a., F.A.C., shall also apply.

(b) Equipment Vapor-Leak Detection. The test methods for volatile organic compounds shall be EPA Methods 21, as described at 40 C.F.R. Part 60, Appendix A-7; and EPA Method 27, as described at 40 C.F.R. Part 60, Appendix A-8; adopted and incorporated by reference at Rule 62-204.800, F.A.C. Sub-subparagraph 62-297.440(2)(b)2.a., F.A.C., shall also apply.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)10., 17-296.510, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.511 Solvent Metal Cleaning

(1) Applicability.

(a) The emission limiting standards and control technology set forth in Rule 62-296.511, F.A.C., shall apply to cold cleaning, open-top vapor degreasing, and conveyorized degreasing operations. All degreasing facilities using the following halogenated solvents are subject to the requirements (including compliance deadlines) of the national emission standard for halogenated solvent degreasers at 40 C.F.R. Part 63, Subpart T, adopted and incorporated by reference in Rule 62-204.800, F.A.C.: carbon tetrachloride, chloroform, tetrachloroethylene, 1,1,1-trichloroethane, trichloroethylene, and methylene chloride. Until compliance is achieved with the requirements of 40 C.F.R. Part 63, Subpart T, existing (as of November 29, 1993) halogenated solvent degreasing facilities must also comply with the requirements of this rule. The requirements of this rule shall not apply to any halogenated solvent degreasing facility after it has achieved compliance with the requirements of 40 C.F.R. Part 63, Subpart T.

(b) The provisions of Rule 62-296.511, F.A.C., shall apply with the following exceptions:

1. Open-top vapor degreasers with an open area smaller than 10.8 square feet (one square meter) shall be exempt from paragraph 62-296.511(3)(c), F.A.C.,

2. Conveyorized degreasers with an air/vapor interface smaller than 21.5 square feet (2.0 square meters) shall be exempt from paragraph 62-296.511(4)(b), F.A.C.

(2) Cold Cleaning Control Technology. Except as provided under subsection 62-296.511(1), F.A.C., the owner or operator of a cold cleaning facility shall comply with each of the following requirements:

(a) Equip the cleaner with a cover. The cover shall be so designed that it can be easily operated with one hand if:

1. The solvent volatility is greater than 0.3 pounds per square inch (15 millimeters of mercury or 2 kilopascals) measured at 100 degrees Fahrenheit (38 degrees Celsius),

2. The solvent is agitated,

3. The solvent is heated.

(b) Equip the cleaner with a facility for draining cleaned parts. The drainage facility shall be constructed internally so that parts are enclosed under the cover while draining if the solvent volatility is greater than 0.6 pounds per square inch (31 millimeters of mercury or 4.1 kilopascals) measured at 100 degrees Fahrenheit (38 degrees Celsius), except that the drainage facility may be external for the applications where an internal type cannot fit into the cleaning system.

(c) Install one of the following control devices if the solvent volatility is greater than 0.6 pounds per square inch (31 millimeters of mercury or 4.1 kilopascals) measured at 100 degrees Fahrenheit (38 degrees Celsius), or if the solvent is heated above 120 degrees Fahrenheit (50 degrees Celsius):

1. Freeboard that gives a freeboard ratio greater than or equal to 0.7, or

2. Water cover (solvent must be insoluble in and heavier than water), or

3. Other systems of equivalent control such as refrigerated chiller or carbon absorption.

(d) Provided a permanent, conspicuous label summarizing the operating requirements.

(e) Store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere.

(f) Close the cover whenever parts are not being handled in the cleaner.

(g) Drain the cleaned parts for at least 15 seconds or until dripping ceases.

(h) If used, supply a solvent spray that is a solid fluid stream (not a fine, atomized, or shower-type spray) at a pressure which does not cause excessive splashing.

(3) Open Top Vapor Degreaser Control Technology. Except as provided under Rule 62-296.511, F.A.C., the owner or operator of an open top vapor degreaser shall comply with each of the following requirements:

(a) Equip the vapor degreaser with a cover that can be opened and closed easily without disturbing the vapor zone.

(b) Provide the following safety switches:

1. A condenser flow switch and thermostat which shut off the heat if the condenser coolant is either not circulating or too warm; and,

2. A spray safety switch which shuts off the spray pump if the vapor level drops more than 4 inches (10 centimeters) below the bottom condenser coil; and,

3. A vapor level control thermostat which shuts off the heat when the vapor level rises too high.

(c) Install one of the following control devices:

1. A freeboard ratio greater than or equal to 0.75, and a powered or mechanically assisted cover if the degreaser opening is greater than 10.8 square feet (1.0 square meter), or

2. Refrigerated chiller, or

3. An enclosed design (cover or door opens only when the dry part is actually entering or exiting the degreaser), or

4. A carbon adsorption system, with ventilation greater than or equal to 50 cubic feet per minute per square foot (15 cubic meters per minute per square meter) of air/vapor area (when cover is open), and exhausting less than 25 parts per million of solvent averaged over one complete adsorption cycle.

(d) Keep the cover closed at all times except when processing work loads through the degreaser.

(e) Minimize solvent carryout by:

1. Racking parts to allow complete drainage; and,

2. Moving parts in and out of the degreaser at less than 11 feet per minute (3.3 meters per minute); and,

3. Holding the parts in the vapor zone at least 30 seconds or until condensation ceases; and,

4. Decanting any pools of solvent on the cleaned parts before removal from the vapor zone; and,

5. Allowing parts to dry within the degreaser for at least 15 seconds or until visually dry.

(f) Not degrease porous or absorbent materials, such as cloth, leather, wood, or rope.

(g) Not occupy more than half of the degreaser’s open-top area with a workload.

(h) Not load the degreaser to the point where the vapor level would drop more than 4 inches (10 centimeters) below the bottom condenser coil when the workload is removed from the vapor zone.

(i) Always spray below the vapor level.

(j) Repair solvent leaks immediately, or shut down the degreaser.

(k) Store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere.

(l) Not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator.

(m) Not use ventilation fans near the degreaser opening, nor provide exhaust ventilation exceeding 66 cubic feet per minute per square foot (20 cubic meters per minute per square meter) of degreaser open area, unless necessary to meet OSHA requirements.

(n) Provide a permanent, conspicuous label, summarizing the operating procedure of paragraphs 62-296.511(3)(d) through (l), F.A.C.

(4) Conveyorized Degreaser Control Technology. Except as provided under subsection 62-296.511(1), F.A.C., the owner or operator of a conveyorized degreaser shall comply with the following requirements:

(a) Not use work-place fans near the degreaser opening, nor provide exhaust ventilation exceeding 66 cubic feet per minute per square foot (20 cubic meters per minute per square meter) of degreaser opening, unless necessary to meet Occupational Safety and Health Administration (OSHA) requirements. OSHA regulations are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., and may be inspected at the Department’s Tallahassee office.

(b) Install one of the following control devices:

1. Refrigerated chiller, or

2. Carbon absorption system, with ventilation greater than or equal to 49 cubic feet per minute per square foot (15 cubic meters per square meter) of air/vapor area (when downtime covers are open), and exhausting less than 25 parts per million of solvent by volume averaged over a complete absorption cycle.

(c) Equip the cleaner with equipment, such as a drying tunnel or rotating (tumbling) basket, sufficient to prevent cleaned parts from carrying out solvent or liquid vapor.

(d) Provide the following safety switches:

1. A condenser flow switch and thermostat which shut off the sump heat if the condenser coolant is either not circulating or too warm; and,

2. A spray safety switch which shuts off the spray pump or the conveyor if the vapor level drops more than 4 inches (10 centimeters) below the bottom condenser coil; and,

3. A vapor level control thermostat which shuts off the heat when the vapor level rises too high.

(e) Minimize openings during operation so that entrances and exits will silhouette workloads with an average clearance between the parts and the edge of the degreaser opening of less than 4 inches (10 centimeters) or less than 10 percent of the width of the opening.

(f) Provide downtime covers for closing off the entrance and exit during shutdown hours.

(g) Minimize carryout emissions by:

1. Racking parts for best drainage; and,

2. Maintaining the vertical conveyor speed at less than 11 feet per minute (3.3 meters per minute).

(h) Store waste solvent only in covered containers and not dispose of waste solvent or transfer it to another party, such that greater than 20 percent of the waste solvent (by weight) can evaporate into the atmosphere.

(i) Repair solvent leaks immediately, or shut down the degreaser.

(j) Not operate the cleaner so as to allow water to be visually detectable in solvent exiting the water separator.

(k) Place downtime covers over entrances and exits of conveyorized degreasers immediately after the conveyors and exhausts are shutdown and do not remove them until just before a startup.

(5) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for volatile organic compound emissions from the specified equipment shall be EPA Method 21, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test method for non-halogenated organic solvent emissions from a destructive add-on control device shall be EPA Method 25, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer, adopted and incorporated by reference in Chapter 62-297, F.A.C.

(c) The test method for organic solvent emissions from a non-destructive add-on control device shall be VOC Capture Efficiency Test Procedures as described at Rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(d) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)12., 17-296.511, Amended 11-23-94, 1-1-96, 6-25-96, 10-7-96, 7-10-14, 11-5-20.

Fla. Admin. Code R. 62-296.512 Cutback Asphalt

(1) Applicability. The emission limiting control standards set forth in subsection 62-296.512(2), F.A.C., shall apply to the manufacture and use of cutback asphalts for paving or maintaining roads, streets, highways, and parking lots.

(2) Control Standards. No person shall cause, allow, or permit the manufacture, mixing, storage, use, or application of cutback asphalts except where:

(a) Long-life storage of liquid asphalt is necessary, or

(b) Stockpile storage of cold mixed asphaltic concrete patching material is necessary, or

(c) The use or application at ambient temperature less than 50 degrees Fahrenheit (10 degrees Celsius) as determined by the nearest National Weather Service Station is necessary, or

(d) The cutback asphalt is to be used solely as a penetrating prime coat, or

(e) The cutback asphalt is to be used in a sand seal coat, or

(f) The cutback asphalt is to be used as a tack coat in the routine maintenance of public roads, or the minor betterment of public roads.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)13., 17-296.512, Amended 11-23-94, 1-1-96, 7-10-14, 8-14-19.

Fla. Admin. Code R. 62-296.513 Surface Coating of Miscellaneous Metal Parts and Products

(1) Applicability.

(a) The emission limiting standards set forth in subsection 62-296.513(2), F.A.C., shall apply to surface coating of the following metal parts and products:

1. Large farm machinery, such as harvesting, fertilizing and planting machines, tractors and combines,

2. Small farm machinery, such as lawn and garden tractors, lawn mowers and rototillers,

3. Small appliances, such as fans, mixers, blenders, crock pots, dehumidifiers and vacuum cleaners,

4. Commercial machinery, such as office equipment, computers and auxiliary equipment, typewriters, calculators and vending machines,

5. Industrial machinery, such as pumps, compressors, conveyor components, fans, blowers and transformers,

6. Fabricated metal products, such as metal covered doors, frames, etc.; and,

7. Any other industrial category which coats metal parts or products under the Standard Industrial Classification Code of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (nonelectric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportation equipment), Major Group 38 (miscellaneous instruments), and Major Group 39 (miscellaneous manufacturing industries). The Standard Industrial Classification Code is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 20402, and may be examined at the Department of Environmental Protection, Tallahassee.

(b) The provisions of Rule 62-296.513, F.A.C., shall not apply to the surface coating of the following metal parts and products:

1. Automobiles and light-duty trucks,

2. Metal cans,

3. Flat metal sheets and strips in the form of rolls or coils,

4. Magnet wire for use in electrical machinery,

5. Metal furniture,

6. Large appliances,

7. Exterior of airplanes,

8. Automobile refinishing,

9. Customized top coating of automobiles and trucks if production is less than 35 vehicles per day;

10. Exterior of marine vessels; and,

11. Aerospace parts and products coating operations that are either:

a. Facilities classified as area sources that comply with primer, topcoat, and specialty coating VOC control requirements of 40 CFR Part 63, Subpart GG, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.; or

b. Facilities classified as major sources that are subject to 40 CFR Part 63, Subpart GG, as adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(c) The provisions of Rule 62-296.513, F.A.C., apply to the application area(s), flashoff area(s), air and forced air dryer(s), and oven(s) used in the surface coating of the metal parts and products listed in paragraph 62-296.513(1)(a), F.A.C. These provisions also apply to prime coat, top coat, and single coat operations. Credit for transfer efficiency above the baseline of 60% for spray coating operations can be granted according to the following formula:

X = (TE) (Z) (Y)

---

Y + (TE) (Z)

where

X = allowable maximum VOC content (kg VOC/liter of coating less

water)

Y = density of the VOC in the maximum VOC content coating

(kg/liter)

Z = applicable emission limit (kg VOC/liter of coating solids

deposited)

TE = transfer efficiency

An EPA and state approved test method for determination of transfer efficiency above the baseline is required.

(2) Emission Limiting Standards.

(a) No owner or operator of a coating line for miscellaneous metal parts and products shall cause, allow, or permit the discharge into the atmosphere of any volatile organic compounds in excess of:

1. 4.3 pounds per gallon of coating (0.52 kilograms per liter), excluding water, delivered to a coating applicator that applies clear coatings,

2. 3.5 pounds per gallon of coating (0.42 kilograms per liter), excluding water, delivered to a coating applicator in a coating application system that is air dried or forced warm air dried at temperatures up to 194 degrees Fahrenheit (90 degrees Celsius),

3. 3.5 pounds per gallon of coating (0.42 kilograms per liter), excluding water, delivered to a coating applicator that applies extreme performance coatings, or

4. 3.0 pounds per gallon of coating (0.36 kilograms per liter), excluding water, delivered to a coating applicator for all other coatings and coating application systems.

(b) If more than one emission limitation in paragraph 62-296.513(2)(a), F.A.C., applies to a specific coating, then the least stringent emission limitation shall be applied.

(c) All volatile organic compound emissions from solvent washings shall be considered in the emission limitations in paragraph 62-296.513(2)(a), F.A.C., unless the solvent is directed into containers that prevent evaporation into the atmosphere.

(3) Control Technology. The emission limits in paragraph 62-296.513(2)(a), F.A.C., shall be achieved by:

(a) The application of low solvent coating technology, or

(b) Incineration, provided that 90 percent of the volatile organic compounds (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water.

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or EPA 450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by reference.

(b) Add-on Control Device.

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer, adopted and incorporated by reference in Chapter 62-297, F.A.C.

2. Non-destructive. The test method for volatile organic compounds shall be VOC Capture Efficiency Test Procedures as described at Rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.8055 FS. History–New 11-1-82, Formerly 17-2.650(1)(f)14., 17-296.513, Amended 11-23-94, 1-1-96, 7-10-14, 6-16-22.

Fla. Admin. Code R. 62-296.514 Surface Coating of Flat Wood Paneling

(1) Applicability.

(a) The emission limiting standards set forth in subsection 62-296.514(2), F.A.C., shall apply to all flat wood manufacturing and surface finishing facilities that manufacture the following products:

1. Printed interior panels made of hardwood, plywood and thin particle board,

2. Natural finish hardwood plywood panels, or

3. Hardboard paneling with Class II finishes.

(b) The provisions stated in subsection 62-296.514(2), F.A.C., do not apply to the manufacture of exterior siding, tileboard, or particle board used as a furniture component.

(2) Emission Limiting Standards. No owner or operator of a flat wood coating line subject to Rule 62-296.514, F.A.C., may cause, allow or permit the discharge into the atmosphere of any volatile organic compounds in excess of:

(a) 6.0 pounds per 1,000 square feet of coated finished product (2.9 kilograms per 100 square meters) from the coating of printed interior panels, regardless of the number of coats applied;

(b) 12.0 pounds per 1,000 square feet of coated finished product (5.8 kilograms per 100 square meters) from the coating of natural finish hardwood plywood panels, regardless of the number of coats applied, or

(c) 10.0 pounds per 1,000 square feet of coated finished product (4.8 kilograms per 100 square meters) from the coating of Class II finishes on hardboard panels, regardless of the number of coats applied.

(3) Control Technology. The emission limits in subsection 62-296.514(2), F.A.C., shall be achieved by:

(a) The application of low solvent coating technology, or

(b) Incineration, provided that 90% of the volatile organic compounds (VOC measured as total combustible carbon) which enter the incinerator are oxidized to carbon dioxide and water.

(4) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or EPA 450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by reference.

(b) Add-on Control Device.

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer, adopted and incorporated by reference in Chapter 62-297, F.A.C.

2. Non-destructive. The test method for volatile organic compounds shall be VOC Capture Efficiency Test Procedures as described at Rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)15., 17-296.514, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.515 Graphic Arts Systems

(1) Applicability. The control technology and provisions set forth in subsection 62-296.515(2), F.A.C., shall apply to all packaging rotogravure, publication rotogravure, or flexographic printing operations whose prior to control potential to emit volatile organic compounds is equal to or more than 100 tons per year (90 megagrams per year).

(2) Control Technology.

(a) No owner or operator of a packaging rotogravure, publication rotogravure, or flexographic printing operation subject to Rule 62-296.515, F.A.C., and employing solvent containing ink shall cause, allow or permit the operation of the facility unless:

1. The volatile fraction of ink as it is applied to the substrate, contains 25 percent by volume or less of organic solvent and 75 percent by volume or more of water, or

2. The ink as it is applied to the substrate, less water, contains 60 percent by volume or more nonvolatile material, or

3. An incineration system is employed which oxidizes at least 90 percent of the volatile organic compounds (VOC measured as total combustible carbon) to carbon dioxide and water.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) Low Solvent Technology. The test method for volatile organic compounds shall be EPA Method 24 or 24A, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or EPA 450/3-84-019, Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings (http://www.flrules.org/Gateway/reference.asp?No=Ref-04298), hereby adopted and incorporated by reference.

(b) Add-on Control Device.

1. Destructive. The test method for volatile organic compounds shall be EPA Method 25, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or Attachment 3 of EPA 450/2-78-041, Alternate Test Method for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer, adopted with equipment specifications per Industrial Ventilation Manual, and incorporated by reference in Chapter 62-297, F.A.C.

2. Non-destructive. The test method for volatile organic compounds shall be VOC Capture Efficiency Test Procedures as described at Rule 62-297.450, F.A.C. The sampling time for each capture efficiency test run shall be at least 8 hours, unless otherwise approved by the Department pursuant to Rule 62-297.620, F.A.C.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)16., 17-296.515, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.516 Petroleum Liquid Storage Tanks with External Floating Roofs

(1) Applicability.

(a) The control technology and provisions set forth in subsection 62-296.516(2), F.A.C., shall apply to all petroleum liquid storage vessels equipped with external floating roofs, having capacities equal to or greater than 42,000 gallons (159,000 liters, nominal design 1,000 barrels);

(b) Subsection 62-296.516(2), F.A.C., shall not apply to petroleum liquid storage vessels which:

1. Are used to store waxy, heavy pour crude oil, or

2. Have capacities equal to or less than 420,000 gallons (1,590,000 liters, nominal 10,000 barrels) and are used to store crude oil and condensate prior to lease custody transfer, or

3. Contain a petroleum liquid with a true vapor pressure of less than 1.5 psia (10.15 kPa), or

4. Contain a petroleum liquid with a true vapor pressure of less than 4.0 psia (27.6 kPa) if such vessel is of welded construction and presently possesses a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted liquid-filled type of seal, or other closure device of demonstrated equivalence approved by the Department, or

5. Are of welded construction, equipped with a metallic-type shoe primary seal and with a secondary seal from the top of the shoe seal to the tank wall (shoe-mounted secondary seal).

(2) Control Technology.

(a) No owner or operator of a petroleum liquid storage vessel subject to Rule 62-296.516, F.A.C., shall store a petroleum liquid in that vessel unless:

1. The vessel has been fitted with a continuous secondary seal extending from the floating roof to the tank wall (rim-mounted secondary seal); or another closure or device, approved by the Department, which is equally effective in controlling emissions; and,

2. All seal closure devices meet the following requirements:

a. The seal(s) are intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall; and,

b. There are no visible holes, tears, or other openings in the seal(s) or seal fabric; and,

c. For vapor mounted (primary) seals, the accumulated area of gaps exceeding 1/8 inch (0.32 cm) in width between the secondary seal and the tank wall shall not exceed 1.0 square inch per foot of tank diameter (21.2 square centimeters per meter of tank diameter); and,

3. All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, are:

a. Equipped with covers, seals, or lids in the closed position except when the openings are in actual use; and,

b. Equipped with projections in the tank which remain below the liquid surface at all times; and,

4. Automatic bleeder vents are closed at all times except when the roof is floating off or landed on the roof leg supports; and,

5. Rim vents are set to open when the roof is being floated off the leg supports or at the manufacturer’s recommended setting; and,

6. Emergency roof drains are provided with slotted membrane fabric covers or equivalent covers which cover at least 90 percent of the area of the opening.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for volatile organic compounds shall be EPA Method 21, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C.; and as described in section 5.2 on p. 5-3 of EPA 450/2-78-047, adopted and incorporated by reference in Chapter 62-297, F.A.C.

(b) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)17., 17-296.516, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.570 Reasonably Available Control Technology (RACT) ‒ Requirements for Major VOC- and NOx-Emitting Facilities

(1) Applicability.

(a) The requirements of this rule shall apply to those major VOC- and NOx-emitting facilities in Broward, Miami-Dade, and Palm Beach counties, as specified in paragraph 62-296.500(1)(b), F.A.C.; specifically, to those VOC emissions units within such facilities which are not regulated for VOC under Rules 62-296.501 through 62-296.516, F.A.C., and those VOC and NOx emissions units which have not been exempted pursuant to paragraph 62-296.500(1)(b), F.A.C., or by a specific provision of Rules 62-296.500 through 62-296.516, F.A.C.

(b) The requirements of this rule shall not apply to emissions units that would otherwise be exempt from the air permitting requirements of the Department pursuant to subsection 62-210.300(3), F.A.C., or that would otherwise be considered insignificant pursuant to subparagraph 62-213.300(2)(a)1., or paragraph 62-213.430(6)(b), F.A.C.

(2) Compliance Requirements. If, pursuant to an air operation or construction permit, the owner or operator of a emissions unit subject to the requirements of this rule assumes (or has assumed) a more stringent NOx or VOC emissions limit than the RACT emissions limit established in subsection 62-296.570(3), F.A.C., for the applicable emissions unit category, compliance with the emissions unit’s NOx or VOC emissions limit in its air operation or construction permit shall be considered compliance with RACT for purposes of this rule.

(3) RACT Emission Limiting Standards.

(a) Emissions Monitoring.

1. For units that are not equipped with a continuous emission monitoring system (CEMS) for NOx or VOCs, annual emissions testing is required in accordance with applicable EPA Reference Methods as described in 40 C.F.R. Part 60, Appendices A-1 through A-8, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or other methods approved by the Department in accordance with the requirements of Rule 62-297.620, F.A.C., except as otherwise provided in paragraph 62-296.570(3)(b), F.A.C. If required, such annual emission testing shall be conducted during each federal fiscal year (October 1 – September 30). Annual emissions testing while firing oil is unnecessary for units operating on oil for less than 400 hours in the current federal fiscal year.

2. For units that are equipped with a CEMs, compliance shall be demonstrated based on a 30-day rolling average. The CEMs must meet the performance specifications contained in 40 Code of Federal Regulations Part 60, Appendix B, or 40 Code of Federal Regulations Part 75, hereby adopted and incorporated by reference.

(b) Emission Limiting Standards.

1. Emissions of NOx from any rear wall fired, forced circulation, 16-burner, compact furnace shall not exceed 0.20 lb/million BTU while firing natural gas and 0.36 lb/million BTU while firing oil.

2. Emissions of NOx from any front wall fired, natural circulation, 18-burner, compact furnace shall not exceed 0.40 lb/million BTU while firing natural gas and 0.53 lb/million BTU of NOx while firing oil.

3. Emissions of NOx from any front wall fired, natural circulation, 24-burner, compact furnace shall not exceed 0.50 lb/million BTU while firing natural gas and 0.62 lb/million BTU of NOx while firing oil.

4. Emissions of NOx from any tangentially fired, low heat release, large furnace shall not exceed 0.20 lb/million BTU while firing natural gas.

5. Emissions of NOx from any gas turbine shall not exceed 0.50 lb/million BTU while firing natural gas and 0.90 lb/million BTU while firing oil. Unless compliance is demonstrated using a CEMs, compliance shall be demonstrated by a stack test on one representative turbine unit within a facility if the turbines are substantially similar.

6. Emissions of VOC and NOx from carbonaceous fuel burning facilities, other than waste-to-energy facilities, shall not exceed 5.0 lbs/million BTU and 0.9 lb/million BTU, respectively.

7. Emissions of NOx from any oil-fired diesel generator shall not exceed 4.75 lb/million BTU.

8. Emissions of NOx from any cement plant shall not exceed 2.0 lb/million BTU.

9. Emissions of NOx from any other external combustion emissions unit subject to the requirements of this rule, and not covered in subparagraph 62-296.570(4)(b)1. through 8., F.A.C., shall not exceed 0.50 lb/million BTU. Emissions shall be determined annually in accordance with the applicable EPA Method from 40 C.F.R. Part 60, Appendices A-1 through A-8, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or other method approved by the Department in accordance with the requirements of Rule 62-297.620, F.A.C.

10. Emissions of VOC from resin coating operations shall be limited by the use of low-VOC resin or thermal oxidation of emissions from the purge cycle.

11. Emissions of VOC from any emissions unit subject to this rule but specifically exempted from any of the control technology requirements of Rules 62-296.501, through 62-296.516, F.A.C., shall not exceed the applicable exemption criteria.

(c) Startup, Shutdown, or Malfunction. The emission limits in this rule shall apply during periods of startup, shutdown, or malfunction as provided by Rule 62-210.700, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 2-2-93, Amended 4-17-94, Formerly 17-296.570, Amended 11-23-94, 1-1-96, 3-2-99, 7-10-14, 6-23-22.

Fla. Admin. Code R. 62-296.600 Reasonably Available Control Technology (RACT) ‒ Lead

(1) Applicability. Any lead processing operation that is located in the area of Hillsborough County encompassed within a radius of 5 kilometers centered at UTM coordinates 364.0 East, 3093.5 North, zone 17 (in city of Tampa), designated as unclassifiable for the 1978 Lead National Ambient Air Quality Standard (NAAQS) in 40 C.F.R., Part 81, §81.310, as adopted and incorporated by reference in Rule 62-204.800, F.A.C., or within 50 kilometers outside the boundary of such an area, shall limit the emission of lead through the application of reasonably available control technology (RACT) as specified in Rules 62-296.601 through 62-296.605, F.A.C.

(2) Compliance Requirements. Lead processing operations subject to the requirements of this rule shall comply with the permit requirements, operation and maintenance plan requirements, recordkeeping and reporting requirements, and compliance demonstration requirements of subsections 62-296.600(3) through 62-296.600(6), F.A.C., respectively, the general requirements of Rule 62-296.601, F.A.C., and the specific emission limiting standards of Rules 62-296.602 through 62-296.605, F.A.C. For existing facilities, compliance with these requirements shall be achieved as expeditiously as possible, in accordance with a schedule of compliance established in the permit required pursuant to this rule.

(3) Permit Requirements. By September 30, 1994, the owner or operator of any existing facility subject to the requirements of this rule shall apply for a new or revised federally enforceable, as defined in Rule 62-210.200, F.A.C., air permit, pursuant to Chapter 62-4, F.A.C., addressing the requirements of this rule.

(4) Operation and Maintenance Plan. In any application for a permit, the owner or operator of any facility subject to the requirements of this rule shall submit to the Department an operation and maintenance plan for the lead emissions control devices, collection systems, and processing systems. The operation and maintenance plan shall include quarterly inspection methods for the lead emissions control devices, including black light leak detection tests or broken bag detectors in the baghouses, to prevent reduced lead collection efficiency. Lead oxide handling operations with the potential to emit 200 pounds or less of lead per year shall be exempt from this operation and maintenance plan provision.

(5) Recordkeeping and Reporting. The owner or operator of any facility subject to the requirements of this rule shall keep the following records for a minimum of two years, and make them available to any representative of the Department or an approved local air program upon request:

(a) Records of control equipment operating parameters.

(b) Maintenance records on the control equipment, including black-light tests, bag replacements, structural repairs, and motor replacements.

(c) Records of control system malfunctions or failures and corrective actions taken.

(6) Emissions Determination. The owner or operator of any facility subject to an emissions limiting standard pursuant to Rules 62-296.602 through 62-296.605, F.A.C., shall determine emissions by the initial compliance date established in the permit required pursuant to this rule, or in accordance with the terms of any construction permit addressing the requirements of this rule, and every five years thereafter unless a more frequent schedule is specified in the permit. Emissions shall be determined as follows:

(a) Lead emissions shall be determined by EPA Method 12, as described at 40 C.F.R. Part 60, Appendix A-5, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) Opacity shall be determined by EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-296.600, Amended 1-1-96, 3-13-96, 7-10-14, 8-14-19.

Fla. Admin. Code R. 62-296.601 Lead Processing Operations in General

(1) Applicability. The provisions of this rule shall apply to all lead processing operations as specified in subsection 62-296.600(1), F.A.C.

(2) Prohibition.

(a) No owner or operator of a lead processing operation shall cause, allow, or permit the emissions of lead, including emissions of lead from vehicular movement, transportation of materials, construction, alteration, demolition or wrecking, or industrially-related activities such as loading, unloading, charging, melting, tapping, casting, storing or handling, unless reasonably available control technology is employed to control such lead emissions.

(b) Examples of measures that constitute RACT are:

1. Paving, curbing, and maintaining roads, parking areas and yards which are routinely used by vehicular traffic.

2. Applying water or chemicals to control emissions from such activities as demolition of buildings, grading roads, construction, and land clearing.

3. Installing a permanent sprinkler system to continuously moisten open stock piles.

4. Vacuuming the roads and other paved areas under the control of the owner or operator of the facility to prevent lead from becoming airborne.

5. Landscaping or vegetating unpaved roads, parking areas and yards.

6. Using hoods, fans, filters, and similar equipment to capture, contain, and control lead emissions.

7. Enclosing or covering conveyor systems.

8. Using walls or windbreaks to contain lead-bearing scrap, products, or raw materials.

(c) As part of any application for a permit, the owner or operator of any facility subject to the requirements of this rule shall submit to the Department a description of the reasonably available control technology that will be employed to meet the requirements of this rule.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-296.601, Amended 1-1-96.

Fla. Admin. Code R. 62-296.602 Primary Lead-Acid Battery Manufacturing Operations

(1) Emission Limiting Standards. No owner or operator of a primary lead-acid battery manufacturing operation subject to Rule 62-296.600, F.A.C., shall cause, allow, or permit the discharge into the atmosphere of lead in excess of the following emission standards, in grains of lead per dry standard cubic foot, nor shall visible emissions exceed the following standards, in percent opacity:

(a) Grid casting sources: 0.000176 grains and 0% opacity.

(b) Paste mixing sources: 0.00044 grains and 0% opacity.

(c) Three-process operation sources: 0.00044 grains and 0% opacity.

(d) Lead oxide manufacturing sources: 0.0005 grains and 0% opacity.

(e) Lead reclamation sources: 0.00198 grains and 5% opacity.

(f) Any other lead sources: 0.00044 grains and 0% opacity.

(2) Collection Systems. Collection systems representing RACT shall be installed and operated to capture, contain, and control lead emissions resulting from all lead-emitting processes including charging, melting, tapping, and casting. No lead emissions shall be vented to the outside of any enclosed or partially enclosed process unless RACT is employed to control such emission.

(3) Attainment Demonstration. As part of the initial application for the permit required pursuant to subsection 62-296.600(3), F.A.C., the owner or operator of a facility subject to the requirements of this rule shall demonstrate to the Department that, after the application of RACT, the facility shall not cause or contribute to a violation of the national ambient air quality standard for lead. The demonstration shall be made using air quality models as provided in 40 C.F.R. Part 51, Appendix W, adopted and incorporated by reference at Rule 62-204.800, F.A.C., and shall address both stack and fugitive emissions.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-296.602, Amended 1-1-96, 3-13-96, 7-10-14.

Fla. Admin. Code R. 62-296.603 Secondary Lead Smelting Operations

(1) Emission Limiting Standards. No owner or operator of a secondary lead smelting operation subject to Rule 62-296.600, F.A.C., shall cause, allow, or permit the discharge into the atmosphere of lead in excess of the following emission standards, in grains of lead per dry standard cubic foot, nor shall visible emissions exceed the following standards, in percent opacity:

(a) Blast and slag furnaces: 0.010 grains and 3% opacity at the exit point of the emissions control device.

(b) Blast furnace charging: 0.002 grains and 3% opacity at the exit point of the emissions control device.

1. Visible emissions from the closed charge doors on the blast furnace shall not exceed 3% opacity during furnace operation.

2. Visible emissions from the charge doors on the blast furnace shall not exceed 6% opacity during charging operation.

(c) Blast and slag furnaces, slag and product tapping: 0.002 grains and 3% opacity at the exit point of the emissions control device.

(d) Melt kettles and pot furnaces: 0.0002 grains and 3% opacity.

(e) Battery cracking operations: 3% opacity.

(f) Slag handling and processing operations: 0.0000333 grains and 3% opacity.

(2) Collection Systems. Collection systems representing RACT shall be installed and operated to capture, contain, and control lead emissions resulting from the storage, transport, and processing of all lead-bearing materials and products at secondary lead smelting operations. No lead emissions shall be vented to the outside of any enclosed or partially enclosed process unless RACT is employed to control such emissions.

(3) Attainment Demonstration. As part of the initial application for the permit required pursuant to subsection 62-296.600(3), F.A.C., the owner or operator of a facility subject to the requirements of this rule shall demonstrate to the Department that, after the application of RACT, the facility shall not cause or contribute to a violation of the national ambient air quality standard for lead. The demonstration shall be made using air quality models as provided 40 C.F.R. Part 51, Appendix W, adopted and incorporated by reference at Rule 62-204.800, F.A.C., and shall address both stack and fugitive emissions.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-296.603, Amended 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.604 Electric Arc Furnace Equipped Secondary Steel Manufacturing Operations

(1) Emission Limiting Standards. No owner or operator of a secondary steel manufacturing operation subject to Rule 62-296.600, F.A.C., shall cause, allow or permit the discharge of lead into the atmosphere in excess of the following emission standards, in grains of lead per dry standard cubic foot as a weighted average of the exhaust from the entire control equipment system, nor shall visible emissions exceed the following standards, in percent opacity:

(a) Electric arc furnace control device: 0.0002 grains and 3% opacity.

(b) Melt shop building roof ventilators: 6% opacity.

(2) Collection Systems. Collection systems representing RACT shall be installed and operated to capture, contain, and control lead emissions resulting from all lead-emitting processes including charging, melting, tapping, and casting. No lead emissions shall be vented to the outside of any enclosed or partially enclosed process unless RACT is employed to control such emission.

(3) Attainment Demonstration. As part of the initial application for the permit required pursuant to subsection 62-296.600(3), F.A.C., the owner or operator of a facility subject to the requirements of this rule shall demonstrate to the Department that, after the application of RACT, the facility shall not cause or contribute to a violation of the national ambient air quality standard for lead. The demonstration shall be made using air quality models as provided in 40 C.F.R. Part 51, Appendix W, adopted and incorporated by reference at Rule 62-204.800, F.A.C., and shall address both stack and fugitive emissions.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-296.604, Amended 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.605 Lead Oxide Handling Operations

No owner or operator of a lead oxide handling operation subject to Rule 62-296.600, F.A.C., shall cause, allow, or permit visible emissions in excess of 3% opacity.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 8-8-94, Formerly 17-296.605.

Fla. Admin. Code R. 62-296.700 Reasonably Available Control Technology (RACT) Particulate Matter

(1) Applicability.

(a) Emissions of particulate matter shall be limited through the application of Reasonably Available Control Technology (RACT) for any emissions unit, issued an air permit on or before May 30, 1988, that emits particulate matter and is located in:

1. That portion of Hillsborough County which falls within the area of the circle having a centerpoint at the intersection of US 41 South and State Road 60 and a radius of 12 kilometers;

2. The downtown Jacksonville area in Duval County located within the following boundary lines: south and then west along the St. Johns River from its confluence with Long Branch Creek, to Main Street; north along Main Street to Eighth Street; east along Eighth Street to Evergreen Avenue; north along Evergreen Avenue to Long Branch Creek; and east along Long Branch Creek to the St. Johns River; or

3. An area within 50 kilometers outside the boundary of such an area as described in subparagraph 62-296.700(1)(a)1. or 2., F.A.C., above.

(b) [Reserved].

(2) Exemptions. The following facilities and emissions units are exempt from the provisions of this rule:

(a) Any facility with total maximum allowable emissions of particulate matter of less than 15 tons per year and 5 pounds per hour.

(b) Any facility whose owner or operator demonstrates to the Department that the impact within an area as described in subparagraph 62-296.700(1)(a)1. or 2., F.A.C., above, that the total maximum allowable particulate matter emissions from such facility will not exceed 1 ug/m3, annual average, and 5 ug/m3, 24-hour average.

(c) Any emissions unit which has total allowable emissions of particulate matter of less than one ton per year.

(d) Any emissions unit of unconfined particulate matter which is located more than five kilometers outside the boundary of an area as described in subparagraph 62-296.700(1)(a)1. or 2., F.A.C., above.

(e) Any emissions unit of unconfined particulate matter from open stockpiling of materials, vehicular traffic and other emissions from roads and plant grounds, or construction activities.

(f) Any moveable drop transfer point where the discharge point and receiving point of the materials being handled must be moved in relationship to each other, either continuously or intermittently, such that enclosure of the drop transfer point with a device to control emissions of particulate matter is not practicable.

(g) Any emissions unit which has received a determination of Best Available Control Technology pursuant to Rule 17-2.630 (repealed) or 62-296.330 (repealed), F.A.C., or received a permit in connection with Rule 17-2.500 (transferred), 17-2.510 (transferred), 62-212.400 (Prevention of Significant Deterioration) or 62-212.500 (Preconstruction Review of Nonattainment Areas), F.A.C.

(3) Specific RACT Emission Limiting Standards for Stationary Emissions Units. The specific particulate matter emission limiting standards set forth in Rules 62-296.401 through 62-296.414, F.A.C., have been found to represent the application of RACT for each emissions unit category listed in those rules, except for those emissions unit categories listed in Rules 62-296.701 through 62-296.712, F.A.C. For those emissions unit categories the particulate matter emission standards in Rules 62-296.701 through 62-296.712, F.A.C., have been found to represent the application of RACT.

(4) Maximum Allowable Emission Rates.

(a) Emissions Unit Data. The new or revised operating permit for each emissions unit subject to the provisions of this rule shall specify:

1. The maximum heat input rate, charging rate, production rate, through-put rate, and/or materials handling rate, as appropriate. The maximum heat input rate, charging rate, production rate, through-put rate, or materials handling rate shall be the maximum rate at which the emissions unit is capable of being operated on a continuous basis.

2. The maximum dry standard volumetric flow rate for each emission point, when applicable:

The maximum dry standard volumetric flow rate for each emissions unit or component emissions unit operation shall be the minimum dry standard volumetric flow rate that is necessary to safely and properly vent or operate the emissions unit when it is operated at its maximum continuous operating rate.

3. The control device through which each gas stream is vented and the emission point from which each gas stream is discharged to the open air,

4. The height above ground, exit diameter, UTM coordinates, and nature of each emission point through which particulate is or may be vented,

5. The exit gas temperature, actual volumetric flow rate and moisture content of each particulate bearing gas stream that is or may be vented to the open air,

6. Pertinent operating or control equipment parameters, such as pH of scrubber solution, pressure drop in scrubber, pressure on spray nozzle, etc., when such information is needed to confirm the control device is operating normally,

7. The permitted operating schedule (hrs./day, days/wk., wk./yr.).

(b) Maximum Emission Rates. The new or revised operating permit for each emissions unit shall specify the maximum allowable emission rate for each emissions unit or group of commonly vented emissions units sources in accordance with the following provisions:

1. The maximum allowable emission rate expressed in lbs/hr, lbs/day and tons/yr (or other equivalent units) shall be determined for each emissions unit (for example, each drop transfer point, screening operation, kiln, or dryer) by applying the appropriate emission limitation contained in Rules 62-296.401 through 62-296.414, F.A.C., or rules 62-296.701 through 62-296.712, F.A.C., to the maximum applicable emissions unit operation rate or dry standard volumetric flow rate and the permitted operating schedule as specified in the operating permit pursuant to the provisions of paragraph 62-296.700(4)(a), F.A.C.

2. If several emissions units are vented through a common control device or emission point, the maximum allowable emission rate for the common emission point shall be the sum of the individual maximum allowable emission rates for each emissions unit vented by the emission point.

3. The owner or operator of an emissions unit or a group of emissions units that is subject to an emission limitation set forth in Rules 62-296.701 through 62-296.712, F.A.C., and that is vented through more than one emission point, shall, subject to the approval of the Department, prorate the total allowable emission for such emissions unit among all emission points that vent the affected emissions unit such that a specific maximum allowable emission rate is assigned to each emission point. The operating permits for emissions units shall be revised in accordance with subsection 62-296.700(4), F.A.C., to reflect the maximum allowable emission rates for each emission point.

4. The operating permit shall specify whether compliance shall be determined by measuring the emissions vented from each individual emissions unit or by measuring the emissions from the common emission point. In determining whether compliance shall be determined for each emissions unit individually or for a group of commonly vented emissions units at the common emission point, the department shall consider the following factors:

a. If all emissions units that are vented through a common emission point are subject to the same type of emission limiting standard (i.e., grains per dry standard cubic foot (gr/dscf)) and are all part of the same system of unit operations such that when one emissions unit is in operation the other emissions units will also normally be in operation, the Department may specify that compliance be determined at the common point of emission.

b. If the various emissions units that are vented through a common emission point are parts of different operating systems or are subject to different types of emission limiting standards (i.e., gr/dscf, lbs/ton of feed, lbs/MMBTU, percent opacity, etc.). The Department may specify that compliance with the various emission standards be determined separately for each emissions unit operation.

(5) Circumvention. No owner or operator of an emissions unit subject to the requirements of Rules 62-296.401 through 62-296.414 or rules 62-296.701 through 62-296.712, F.A.C., establishing maximum concentrations of emissions of particulate matter in the exhaust gas from the emissions unit shall circumvent the provisions of an applicable emission limitation by increasing the volume of gas in any exhaust or group of exhausts for the purpose of reducing the stack gas concentration. This includes allowing dilution air to enter the system through leaks, open vents, or similar means.

(6) Operation and Maintenance Plan. The new or revised operating permit for each emissions unit subject to the provisions of this rule shall specify an operation and maintenance plan for the particulate control devices, the collection systems and the processing systems.

(a) Air Pollution Control Devices and Collection Systems. The plan shall include a schedule for the maintenance and inspection of each control device and collection system and a schedule for recording performance parameters of the control devices, collection systems and auxiliary equipment. Records of inspections, maintenance and performance data of control devices and auxiliary equipment shall be retained by the emissions unit for a minimum of two years and shall be made available to the Department upon request. The performance parameters shall include such physical, chemical or electrical characteristics as are applicable to the particular emissions unit and which are indicators of the condition, operating rates and efficiencies. Such parameters may include, but shall not be limited to, the following indicators for:

1. Scrubbers

Pressure drop, total

Pressure drop, scrubber

Pressure drop, mist eliminator

Liquor feed rate

Liquor feed composition and pH

Liquor feed solids and undissolved solids contents

Water makeup rate

Fan(s) current at rated voltage

Pump(s) current at rated voltage

Gas flowrate

Gas temperatures, inlet and outlet (minimum)

2. Baghouses

Bag pressure drop

Gas flowrate: direct method preferred; indirect method acceptable

Air to cloth ratio

Bag Weave

Bag material

Gas temperature, inlet and outlet

Bag cleaning conditions:

Pulse: Air pressure

Shake: shaker motor current

Reverse: reverse air fan current

Bag cleaning cycle:

Shake: duration, frequency, and delay periods

Reverse: duration, frequency, and delay periods

3. Electrostatic Precipitators

The following information shall be recorded unless otherwise agreed to by the Department:

Primary voltage

Primary current

Secondary current

Spark rate

Additional information, including but not limited to the following, may be required to be included as descriptive information in the operation and maintenance plan, but shall not be required to be recorded routinely unless the Department determines that a precipitator’s ability to achieve compliance with applicable emission limiting standards is questionable:

Secondary voltage

Rapper frequency, plate

Rapper Vibrator frequency, wire

Rapper duration, plate

Rapper Vibrator duration, wire

Gas temperature, inlet and outlet

Estimated gas flowrate

Static pressure

(b) Control Equipment Data. The Operation and Maintenance plan shall include identification of control device(s) for each emissions unit subject to provisions of this rule including but not limited to the following appropriate design specifications and other descriptive data:

1. Manufacturer,

2. Model name and number,

3. Type: scrubber, baghouse, electrostatic precipitator, dry scrubber, etc.,

4. Design flow rate (liquid and/or gas),

5. For EPS's: primary and secondary voltage and current,

6. Efficiency rating at design capacity,

7. Pressure drop,

8. Liquid to gas ratio,

9. Scrubbing liquor composition.

(c) Processing or Materials Handling Systems.

1. Appropriate parameters of processing or materials handling systems provide a measure of the rate of operations. The operation and maintenance plan shall include performance parameters which indicate the rate of operation, process weight through-put, the fuel or other energy source, the materials being processed or other physical or chemical characteristics, as applicable. Such parameters may include, but shall not be limited to the following:

a. Weight per unit time of raw materials input,

b. Process temperature or pressure,

c. Fuel or fuel mixture,

d. Chemical or physical data on product or raw materials,

e. Air to fuel ratio or percent excess oxygen,

f. Electrical power use rate by auxiliary equipment.

2. The plan shall contain inspection and maintenance schedules including periodic assessments of the condition of manholes, ducting, breaching, hoods, conveyor and elevator housing, loading sheds and other equipment, and a schedule for recording of performance parameter data.

(d) Fossil Fuel Steam Generators. The operation and maintenance plan for fossil fuel steam generators may include, but shall not be limited to, the following:

Steam flow

Fuel type (e.g., gas, oil, coal, or mixtures thereof)

Consumption rate for type(s) of fuel(s) burned

Fuel oil temperature (if applicable)

(e) Records of inspection, maintenance and performance parameter data shall be retained for a minimum of two years and shall be made available to the Department upon request.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. Formerly 17-2.650(2)(a)-(g), 17-296.700, Amended 11-23-94, 1-1-96, 8-14-19.

Fla. Admin. Code R. 62-296.701 Portland Cement Plants

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)1., Amended 6-29-93, Formerly 17-296.701, Amended 11-23-94, 1-1-96, 7-10-14, Repealed 2-8-17.

Fla. Admin. Code R. 62-296.702 Fossil Fuel Steam Generators

(1) Applicability. The emission limitations set forth in Rule 62-296.702, F.A.C., shall apply to fossil fuel steam generating facilities including one or more boilers which individually or in combination have a heat input greater than or equal to 30 million British thermal units per hour.

(2) Emission Limitations.

(a) Particulate Matter. No owner or operator of a fossil fuel steam generator shall cause, permit, or allow the emission of particulate matter in excess of 0.10 pounds per million BTU except as provided for in Rule 62-296.405 or 62-296.406 and 62-210.700, F.A.C.

(b) Visible Emissions. No owner or operator of a fossil fuel fired steam generator shall allow visible emissions the density of which is greater than 20 percent opacity except as provided for in Rule 62-210.700, F.A.C., Excess Emissions, and in Rule 62-296.405, F.A.C., for fossil-fuel steam generators with a heat input of greater than 250 million BTU per hour.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C. A transmissometer may be used and calibrated in accordance with 40 C.F.R. Part 60, Appendix B.

(b) The test method for particulate matter emissions shall be EPA Method 17, as described at 40 C.F.R. Part 60, Appendix A-6, EPA Method 5B as described at 40 C.F.R. Part 60, Appendix A-3; or EPA Method 5F, as described at 40 C.F.R. Part 60, Appendix A-3; adopted and incorporated by reference at Rule 62-204.800, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet. EPA Method 5, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C., may be used with the filter temperature at no more than 320 degrees Fahrenheit. For EPA Method 17, stack temperature shall be less than 375 degrees Fahrenheit. EPA Method 3 or 3A with Orsat analysis, as described at 40 C.F.R. Part 60, Appendix A-2, adopted and incorporated by reference at Rule 62-204.800, F.A.C., shall be used when oxygen based F factor computed according to EPA Method 19, as described at 40 C.F.R. Part 60, Appendix A-7, adopted and incorporated by reference at Rule 62-204.800, F.A.C., is used in lieu of heat input. Use Acetone wash with Method 5 or 17.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. Formerly 17-2.650(2)(c)2., 17-296.702, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.703 Carbonaceous Fuel Burners

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)3., 17-296.703, Amended 11-23-94, 1-1-96, 7-10-14, Repealed 2-8-17.

Fla. Admin. Code R. 62-296.704 Asphalt Concrete Plants

(1) Applicability. The emission limitations set forth in Rule 62-296.704, F.A.C., shall apply to any facility used to manufacture asphalt concrete by heating and drying aggregate and mixing with asphalt cements, excluding unloading and storage of raw materials.

(2) Emission Limitations. No owner or operator of an asphalt concrete plant shall cause, permit, or allow the emission of particulate matter in excess of 0.06 gr/dscf, or visible emissions the density of which is greater than 20 percent opacity.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test method for particulate matter emissions shall be EPA Method 5 or EPA Method 5A, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)4., 17-296.704, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.705 Phosphate Processing Operations

(1) Applicability. The emission limitations set forth in Rule 62-296.705, F.A.C., shall apply to all unit operations and auxiliary equipment which are an integral part of the process used to manufacture the finished products specified in paragraphs (a) through (f), below, including reactors, dryers, coolers, concentrators, screens, elevators, conveyor belts, grinders, and other unit operations, which exist as part of the manufacturing system from the point of introduction of raw materials feed into the process to the point of discharge of the finished product to the storage materials handling system;

(a) Diammonium phosphate (DAP);

(b) Run of pile triple super phosphate (ROPTSP);

(c) Granular triple super phosphate (GTSP);

(d) Normal super phosphate (NSP);

(e) Monoammonium phosphate (MAP);

(f) Phosphate animal feed ingredient (AFI).

(2) Emission Limitations.

(a) No owner or operator of a phosphate processing facility shall cause, permit or allow total emissions of particulate matter from the affected unit operations and auxiliary equipment in excess of 0.30 pounds per ton of product or visible emissions the density of which is greater than 20 percent opacity from the above listed operations (paragraphs (a) through (f)).

(b) No owner or operator of a phosphate rock dryer or phosphate rock grinding operation which is not an integral part of the operations described in paragraphs 62-296.705(1)(a) through (f), F.A.C., shall cause, permit or allow total emissions of particulate matter from the dryer or grinder in excess of 0.20 lb/ton of products or visible emissions the density of which is greater than 20 percent opacity.

(c) No owner or operator of a concentrator which is part of a phosphate processing facility shall cause, permit or allow total emissions of particulate matter from the concentrator in excess of 15 pounds per hour or visible emissions the density of which is greater than 20 percent opacity.

(d) No owner or operator of a Diammonium Phosphate cooler producing less than 50 tons per hour of product shall cause, permit, or allow total emissions of particulate matter in excess of 0.60 pound per ton of product or visible emissions the density of which is greater than 20 percent opacity.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test method for particulate matter emissions shall be EPA Method 5 or EPA Method 5A, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)5., 17-296.705, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.706 Glass Manufacturing Process

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)6., 17-296.706, Amended 11-23-94, 1-1-96, 7-10-14, Repealed 2-8-17.

Fla. Admin. Code R. 62-296.707 Electric Arc Furnaces

(1) Applicability. The emission limitations set forth in Rule 62-296.707, F.A.C., shall apply to all furnaces that heat materials with electric arcs from carbon electrodes, including phosphorus electric arc furnaces.

(2) Emission Limitations. No owner or operator of an electric arc furnace shall cause, permit, or allow emissions of particulate matter in excess of the following standards:

(a) Phosphorus electric arc furnaces – 0.035 gr/dscf or any visible emissions (greater than five percent opacity) from a control device, except during tapping periods. No visible emissions greater than 60 percent opacity shall be allowed during the tapping period.

(b) All other electric arc furnaces – 0.010 gr/dscf or any visible emissions (greater than five percent opacity) from a control device, except during charging and tapping periods. No visible emissions greater than 20 percent opacity shall be allowed from the shop during charging periods. No visible emissions greater than 40 percent opacity shall be allowed during tapping periods.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test method for particulate matter emissions shall be EPA Method 5 or EPA Method 5D, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)7., 17-296.707, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.708 Sweat or Pot Furnaces

(1) Applicability. The emission limitations set forth in Rule 62-296.708, F.A.C., shall apply to indirectly heated furnaces which are temperature controlled for the differential melting of scrap or combined metal products or which melt metals for coating or reclamation.

(2) Emission Limitations. No owner or operator of a sweat or pot furnace shall cause, permit, or allow emissions of particulate matter in excess of 0.05 gr/dscf, or visible emissions greater than 10 percent opacity.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test method for particulate matter emissions shall be EPA Method 5, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet.

(c) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)8., 17-296.708, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.709 Lime Kilns

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)9., 17-296.709, Amended 11-23-94, 1-1-96, 7-10-14, Repealed 2-8-17.

Fla. Admin. Code R. 62-296.710 Smelt Dissolving Tanks

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)10., 17-296.710, Amended 11-23-94, 1-1-96, 7-10-14, Repealed 2-8-17.

Fla. Admin. Code R. 62-296.711 Materials Handling, Sizing, Screening, Crushing and Grinding Operations

(1) Applicability. The emission limitations set forth in Rule 62-296.711, F.A.C., shall apply to the handling, sizing, screening, crushing, or grinding of the materials such as, but not limited to, cement, clinker, fly ash, coke, gypsum, shale, lime, sulfur, phosphatic materials, slag, and grain or grain products, including but not limited to the following types of operations:

(a) Loading or unloading of materials to or from such containers as railcars, trucks, ships, and storage structures;

(b) Conveyor systems other than portable conveyor systems;

(c) Storage of materials in storage structures, such as silos or enclosed bins, which have a storage capacity of fifty cubic yards or more;

(d) Crushing and/or grinding operations;

(e) Sizing and/or rescreening operations;

(f) Static drop transfer points where the discharge point and receiving point of the materials being handled are not moving in relationship to one another.

The emission limitations set forth in Rule 62-296.711, F.A.C., shall not apply to emissions from materials handling, sizing, screening, crushing and grinding operations governed by Rule 62-296.705, F.A.C., Phosphate Process Operations or Rule 62-296.704, F.A.C., Asphalt Concrete Plants.

(2) Emission Limitations.

(a) No owner or operator of an emissions unit governed by Rule 62-296.711, F.A.C., shall cause, permit, or allow any visible emissions (five percent opacity) from such emissions unit except that at the point where material is being discharged to the hold of a ship from a conveyor system. When the conveyor and/or hatch covering is moved, an opacity of 10 percent will be allowed.

(b) If, in order to comply with the requirements of paragraph (a), above, it is necessary to totally or partially enclose an operation and exhaust particulate laden gases through a vent or stack, emissions of particulate from such vent or stack shall not exceed 0.03 gr/dscf.

(c) An owner or operator may request the Department to determine that the emission standards of paragraphs 62-296.711(2)(a) and (b), F.A.C., do not constitute RACT for a facility. If the Department finds that the emission standards do not represent RACT, the Department shall make a determination of RACT for that facility.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test method for particulate matter emissions shall be EPA Method 5, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet.

(c) A visible emissions test indicating no visible emissions (5 percent opacity) may be submitted in lieu of a particulate stack test for materials handling emissions units subject to this rule, where the emissions unit is equipped with a baghouse.

(d) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)11., 17-296.711, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.712 Miscellaneous Manufacturing Process Operations

(1) Applicability. The emission limitations and other requirements of Rule 62-296.712, F.A.C., shall apply to miscellaneous manufacturing process operations for which a specific RACT emission limitation has not been established in Rules 62-296.401 through 62-296.415, F.A.C., or 62-296.701 through 62-296.711, F.A.C., including but not limited to such operations as heat treating furnaces, waste heat evaporators, corebaking ovens, mixing kettles, blast furnaces, puddling furnaces, dryers, stills, roasters, and all other methods or forms of manufacturing or processing which emit particulate matter.

(2) Emission Limitations. No owner or operator of a miscellaneous manufacturing process operation shall cause, permit, or allow emissions of particulate matter in excess of 0.03 gr/dscf, or any visible emissions greater than 5 percent opacity. However the owner or operator may exceed these emission limits if he utilizes a pollution control device or system for control of particulate matter which has an actual particulate matter collection efficiency of at least 98 percent.

If Rule 62-296.712, F.A.C., is the least restrictive standard, the opacity standard for the emissions unit shall be the average opacity level achieved during the initial compliance test which establishes compliance with the standard, plus 5 percent opacity.

(3) Test Methods and Procedures. All emissions tests performed pursuant to the requirements of this rule shall comply with the following requirements.

(a) The test method for visible emissions shall be EPA Method 9, as described at 40 C.F.R. Part 60, Appendix A-4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

(b) The test method for particulate matter emissions shall be EPA Method 5, as described at 40 C.F.R. Part 60, Appendix A-3, adopted and incorporated by reference at Rule 62-204.800, F.A.C. The minimum sample volume shall be 30 dry standard cubic feet.

(c) A visible emissions test indicating no visible emissions (5 percent opacity) may be submitted in lieu of a particular stack test for materials handling emissions subject to this rule, where the emissions unit is equipped with a baghouse.

(d) Test procedures shall meet all applicable requirements of Chapter 62-297, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(2)(c)12., 17-296.712, Amended 11-23-94, 1-1-96, 7-10-14.

Fla. Admin. Code R. 62-296.800 Standards of Performance for New Stationary Sources (NSPS)

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 6-11-93, Formerly 17-2.660, 17-296.800, Amended 1-1-96, Repealed 3-13-96.

Fla. Admin. Code R. 62-296.810 National Emission Standards for Hazardous Air Pollutants (NESHAP) – Part 61

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 6-11-93, Formerly 17-2.670, 17-296.810, Amended 1-1-96, Repealed 3-13-96.

Fla. Admin. Code R. 62-296.820 National Emission Standards for Hazardous Air Pollutants (NESHAP) – Part 63

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 6-11-93, Formerly 17-2.660, 17-296.800, Amended 1-1-96, Repealed 3-13-96.

Chapter 62-297 STATIONARY SOURCES - EMISSIONS MONITORING

Fla. Admin. Code R. 62-297.100 Purpose and Scope

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.700(1)(a), 17-297.100, Amended 11-23-94, 3-13-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-297.310 General Emissions Test Requirements

(1) Applicability. Unless otherwise stated in a specific rule, permit, or other order, the general requirements set forth in subsections 62-297.310(2) through (10), F.A.C., shall be used for regulated stationary sources’ emissions tests for comparison with air pollution emission-limiting standards that are enforceable under state law. An emissions test is an emissions rate test, a concentration test, or an opacity test.

(2) Required Number of Test Runs. For emission rate or concentration limitations, an emissions test shall consist of three valid test runs to determine the total air pollutant emission rate or concentration through the test section of the stack or duct. A valid test run is a test run that meets all requirements of the applicable test method. An emissions test shall also consist of three distinct determinations of any applicable process parameters corresponding to the three distinct test run time periods during which the emission rate or concentration was measured when such data are needed in conjunction with emissions data to compare the emissions test results with the applicable emission limiting standards. Such data shall be obtained pursuant to subsection 62-297.310(6), F.A.C. The three required test runs shall be completed within one consecutive five-day period. In the event that a sample is lost or one of the three runs must be discontinued because of circumstances beyond the control of the owner or operator, and a valid third run cannot be obtained within the five day period allowed for the test, results of the two valid runs shall be accepted, provided that the arithmetic mean of the results of the two valid runs is at least 20% below the allowable emission limiting standard.

(3) Operating Conditions during Emissions Testing. Testing of emissions shall be conducted with the emissions unit operating at the testing capacity as defined below. If it is impracticable to test at the testing capacity, an emissions unit may be tested at less than the testing capacity. If an emissions unit is tested at less than the testing capacity, another emissions test shall be conducted and completed no later than 60 days after the emissions unit operation exceeds 110% of the capacity at which its most recent emissions test was conducted.

(a) Combustion Turbines. (Reserved)

(b) All Other Sources. Testing capacity is defined as at least 90 percent of the maximum operation rate specified by the permit.

(4) Calculation of Emission Rate or Concentration. The emission rate or concentration used for comparison with the relevant standard shall be the arithmetic average of the emission rate or concentration determined by each of the three valid test runs unless otherwise specified in an applicable rule or test method. Data collected during periods of soot blowing shall not be excluded from any calculation of emission rate or concentration.

(5) Required Sampling Times and Observation Periods. Unless otherwise specified in an applicable test method, rule, permit, or other order, the owner or operator shall conduct emissions tests in accordance with the following procedures:

(a) Emission Rate or Concentration Tests. The required sampling time for each test run shall be no less than one hour and no greater than four hours, and the sampling time at each sampling point shall be of equal intervals of at least two minutes, except that for operations that are typically completed within less than the minimum required sampling time, the duration of each test run shall include each occurrence of the operation during the minimum required sampling time. The test period shall include the period of typical operation during which the highest representative emissions are expected to occur.

(b) Opacity Tests. When EPA Method 9 is specified as the applicable opacity test method, the required minimum period of observation for a visible emissions test shall be 60 minutes for emissions units that are subject to a multiple-valued opacity standard and 30 minutes for all other emissions units, except that for batch, cyclical processes, or other operations that are typically completed within less than the minimum observation period, the period of observation shall include each occurrence of the operation during the minimum observation period. The opacity test observation period shall include the period during which the highest opacity emissions can reasonably be expected to occur.

(6) Determination of Process Parameters.

(a) Required Process Equipment. The owner or operator of an emissions unit for which emissions tests are required shall install, operate, and maintain equipment or instruments necessary to determine process parameters, when such data are needed in conjunction with emissions data to compare emissions test results with applicable emission limiting standards.

(b) Accuracy of Process Measurement Equipment. Equipment or instruments used to directly or indirectly determine process parameters shall be calibrated and adjusted so as to determine the value of the process parameter to within 10 percent of its true value.

(7) Required Emissions Testing Facilities.

(a) The owner or operator of an emissions unit, for which an emissions test other than a visible emissions test is required, shall provide emissions testing facilities that meet the requirements of 40 CFR 60.8(e), adopted and incorporated in Rule 62-204.800, F.A.C.

(b) Permanent Emissions Testing Facilities. The owner or operator of an emissions unit, for which an emissions test other than a visible emissions test is required on at least an annual basis, shall install and maintain permanent emissions testing facilities.

(c) Temporary Emissions Testing Facilities. The owner or operator of an emissions unit that is not required to conduct an emissions test on at least an annual basis may use permanent or temporary emissions testing facilities. If the owner or operator chooses to use temporary emissions testing facilities on an emissions unit, and the Department elects to test the unit, such temporary facilities shall be installed on the emissions unit within 5 days of a request by the Department and remain on the emissions unit until the test is completed.

(8) Frequency of Emissions Tests. The following provisions apply only to those emissions units that are subject to an emissions-limiting standard for which emissions testing is required.

(a) Annual Emissions Tests Required.

1. Where used in Rules 62-210.310, 62-297.310, or Chapter 62-296, F.A.C., to refer to frequency of required emissions tests, the terms “annual,” “annually,” and “annually thereafter” shall mean no less frequently than once every calendar year (January 1 – December 31).

2. Unless exempted by subparagraph 62-297.310(8)(a)5., F.A.C., the owner or operator shall have an emissions unit tested annually for each of the following pollutants that has an emissions-limiting standard for which emissions testing is required:

a. Each hazardous air pollutant regulated by 40 C.F.R. Part 61, adopted and incorporated by reference at Rule 62-204.800, F.A.C.; and,

b. Any other regulated air pollutant, as defined at Rule 62-210.200, F.A.C., or a pollutant designated as a surrogate to a regulated air pollutant by an applicable rule or order, if allowable emissions equal or exceed 100 tons per year.

3. Unless exempted by subparagraph 62-297.310(8)(a)5., F.A.C., the owner or operator shall have an emissions unit tested annually for visible emissions, if there is an applicable standard other than the general opacity standard of subparagraph 62-296.320(4)(b)1., F.A.C.

4. Unless exempted by subparagraph 62-297.310(8)(a)5., F.A.C., the owner or operator shall have an emissions unit tested annually if a rule, permit or other order issued after March 9, 2015, requires an initial emissions test but is silent as to the frequency of additional testing. A rule, permit, or other order that states that no further testing is required after an initial test, or which expressly lists or describes the tests that shall be conducted annually, is not considered silent as to the frequency of additional testing. Annual testing is not required where a permit or other order issued prior to March 9, 2015, is silent as to the frequency of additional testing.

5. Exemptions from subparagraphs 62-297.310(8)(a)2., 3., and 4., F.A.C.

a. An annual emissions test shall not be required for any pollutant for which a rule, permit, or other order requires emissions testing at some other specific frequency. If multiple applicable rules, permits, or other orders, other than subparagraphs 62-297.310(8)(a)2., 3., and 4., F.A.C., require different testing frequencies, testing must comply with the frequency requirements of each such rule, permit, or order.

b. An annual emissions test shall not be required for any pollutant for which a rule, permit, or other order requires that the pollutant emissions be measured by a continuous emission monitoring system and, either that system meets the performance specifications and quality assurance and quality control measures of 40 CFR part 60, adopted and incorporated in Rule 62-204.800, F.A.C., or that system meets the performance specifications and quality assurance and quality control measures of 40 C.F.R. part 75, adopted and incorporated in Rule 62-204.800, F.A.C.

c. An annual emissions test shall not be required for visible emissions for which a rule, permit, or other order requires that emissions be measured by a continuous opacity monitoring system, and that system meets the performance specifications and quality assurance and quality control measures of 40 C.F.R. part 60, adopted and incorporated in Rule 62-204.800, F.A.C., and the manufacturer’s recommended quality assurance and quality control measures.

d. An annual emissions test shall not be required for any emissions unit that operated for 400 hours or less (including during startup and shutdown) during the calendar year. If an emission unit operates for more than 400 hours during the calendar year, an emissions test shall be completed no later than 60 days after the emissions unit’s annual operation exceeds 400 hours, or by the end of the calendar year, whichever is later.

e. An annual emissions test shall not be required for any emissions unit with emissions generated solely from the combustion of fuel, provided that the emissions unit does not burn any liquid fuel or solid fuel or fuel blend for more than 400 hours combined, other than during startup, during the calendar year. If an emissions unit’s liquid fuel or solid fuel or fuel blend burning exceeds 400 hours combined during the calendar year, other than during startup, an emissions test shall be completed no later than 60 days after the emissions unit’s liquid fuel or solid fuel or fuel blend burning exceeds 400 hours combined, or by the end of the calendar year, whichever is later.

f. An annual emissions test shall not be required for each fuel-specific emissions limit, provided the fuel or fuel blend subject to a fuel-specific limit was not burned for more than 400 hours, other than during startup, during the calendar year. If an emissions unit burns a fuel or fuel blend subject to a fuel-specific emission limit for more than 400 hours, other than during startup, during the calendar year, an emissions test for that fuel or fuel blend shall be completed no later than 60 days after the unit’s burning of that fuel or fuel blend exceeds 400 hours, or by the end of the calendar year, whichever is later.

g. An emissions unit shall not be required to start up for the sole purpose of conducting an emissions test to meet the frequency requirements of subsection 62-297.310(8), F.A.C. In such a case, an emissions test shall be completed no later than 60 days after the emissions unit next starts up.

h. An emissions unit permitted to burn multiple fuels or fuel blends shall not be required to switch fuels for the sole purpose of conducting an annual emissions test to meet the frequency requirements of subsection 62-297.310(8), F.A.C. In such a case, an emissions test shall be completed no later than 60 days after a switch is made to burn the fuel or fuel blend for which testing is required.

i. An annual emissions test for visible emissions shall not be required for emissions units exempted from air permitting pursuant to paragraph 62-210.300(3)(a) or (b), F.A.C.; emissions units determined to be insignificant pursuant to paragraph 62-213.430(6)(b), F.A.C.; or emissions units authorized pursuant to the general permit provisions in subsection 62-210.300(4), F.A.C., unless the general permit specifically requires such testing.

(b) Emissions Tests Prior to Obtaining an Air Operation Permit.

1. Unless exempted by subparagraph 62-297.310(8)(b)3., F.A.C., prior to obtaining an initial or renewal air operation permit for any emissions unit that is subject to any emission-limiting standard, the owner or operator shall have an emissions test conducted for each such standard to assist in providing reasonable assurance, per Rule 62-4.070, F.A.C., that the emission-limiting standard can be met and shall submit the test report as specified in subsection 62-297.310(10), F.A.C. For an emissions unit at a Title V source, such prior emissions testing is not required provided that an emissions testing compliance plan is included in the Title V permit.

2. For the purpose of renewal of an air operation permit, the owner or operator may satisfy the requirements of subparagraph 62-297.310(8)(b)1., F.A.C., for any emissions unit by submitting the most recent emissions test, as specified in subsection 62-297.310(10), F.A.C., provided such test occurred within the term of the current operating permit.

3. Exemptions from subparagraph 62-297.310(8)(b)1., F.A.C.

a. An emissions test shall not be required for any pollutant for which a rule, permit, or other order requires that the emissions be measured by a continuous emission monitoring system and, either that system meets the performance specifications and quality assurance and quality control measures of 40 C.F.R. part 60, adopted and incorporated in Rule 62-204.800, F.A.C., or that system meets the performance specifications and quality assurance and quality control measures of 40 C.F.R. part 75, adopted and incorporated in Rule 62-204.800, F.A.C.

b. An emissions test shall not be required for visible emissions for which a rule, permit, or other order requires that emissions be measured by a continuous opacity monitoring system, and that system meets the performance specifications and quality assurance and quality control measures of 40 C.F.R. part 60, adopted and incorporated in Rule 62-204.800, F.A.C., and the manufacturer’s recommended quality assurance and quality control measures.

c. For the purpose of renewal of an air operation permit, an emissions test shall not be required for any emissions unit that, in the previous five-year period of permitted operation, operated for 400 hours or less (including during startup and shutdown) during each calendar year included in the five-year period of permitted operation. The first time an emissions unit subsequently exceeds 400 hours of operation during a calendar year, emissions must be tested no later than 60 days after 400 hours of operation is exceeded in that calendar year, or by the end of that calendar year, whichever is later.

d. For the purpose of renewal of an air operation permit, an emissions test shall not be required for any emissions unit with emissions generated solely from the combustion of fuel provided that, in the previous five-year period of permitted operation, the emissions unit did not burn any liquid fuel or solid fuel or fuel blend for more than 400 hours combined, other than during startup, during each calendar year included in the five-year period of permitted operation. The first time an emissions unit subsequently burns any liquid fuel or solid fuel or fuel blend for more than 400 hours combined during a calendar year, emissions must be tested no later than 60 days after the emissions unit’s combined burning of any liquid fuel or solid fuel or fuel blend exceeds 400 hours in that calendar year, or by the end of that calendar year, whichever is later.

e. An emissions test shall not be required for each fuel-specific emissions limit prior to the renewal of an air operation permit for an emissions unit provided that, in the previous five-year period of permitted operation, the fuel or fuel blend subject to a fuel-specific limit was not burned for more than 400 hours, other than during startup, during each calendar year included in the five-year period of permitted operation. The first time an emissions unit subsequently burns a fuel or fuel blend subject to a fuel-specific emission limit for more than 400 hours, other than during startup, during any calendar year, an emissions test for that fuel or fuel blend must be completed no later than 60 days after the emissions unit’s burning of that fuel or fuel blend exceeds 400 hours in that calendar year, or by the end of that calendar year, whichever is later.

f. An emissions unit shall not be required to start up for the sole purpose of conducting an emissions test to meet the frequency requirements of subsection 62-297.310(8), F.A.C. In such a case, an emissions test shall be completed no later than 60 days after the emissions unit starts up.

g. An emissions unit permitted to burn multiple fuels or fuel blends shall not be required to switch fuels for the sole purpose of conducting the emissions test to meet the frequency requirements of subsection 62-297.310(8), F.A.C. In such a case, an emissions test shall be completed no later than 60 days after a switch is made to burn the fuel or fuel blend for which testing is required.

h. An emissions test for visible emissions shall not be required for emissions units exempted from air permitting pursuant to paragraph 62-210.300(3)(a) or (b), F.A.C.; emissions units determined to be insignificant pursuant to paragraph 62-213.430(6)(b), F.A.C.; or emissions units authorized pursuant to the general permit provisions in subsection 62-210.300(4), F.A.C., unless the general permit specifically requires such testing.

(c) Special Compliance Tests. When the Department, after investigation, has good reason (such as complaints, increased visible emissions or questionable maintenance of control equipment) to believe that any applicable emission standard contained in a Department rule or in a permit issued pursuant to those rules is being violated, it shall require the owner or operator of the emissions unit to conduct compliance tests which identify the nature and quantity of pollutant emissions from the emissions unit, unless the Department obtains other information sufficient to demonstrate compliance. The owner or operator of the emissions unit shall provide a report on the results of said tests to the Department in accordance with the provisions of subsection 62-297.310(10), F.A.C.

(9) Scheduling and Notification. At least 15 days prior to the date on which each required emissions test is to begin, the owner or operator shall notify the air compliance program identified by permit, unless shorter notice is agreed to by the appropriate air compliance program. The notification shall include the date, time, place of each such test, Facility ID Number, Emission Unit ID Number(s) and description(s), Emission Point Number(s) and description(s), test method(s), pollutant(s) to be tested, along with the name and telephone number of the person who will be responsible for conducting such test(s) for the owner or operator. If a scheduled emissions test needs to be re-scheduled, the owner or operator shall submit to the appropriate air compliance program a revised notification at least seven days prior to the re-scheduled emissions test date or arrange a re-scheduled test date with the appropriate air compliance program by mutual agreement.

(10) Test Reports.

(a) The owner or owner’s authorized agent of an emissions unit for which an emissions test is required shall submit a written test report to the compliance authority specified by permit, on the results of each such test as soon as practicable but no later than 45 days after the last run of each test is completed. Test reports may be submitted electronically.

(b) If the owner or owner’s authorized agent of an emissions unit for which an emissions test is required submits the results of each such test electronically using the EPA Electronic Reporting Tool (ERT), the written report specified in paragraph 62-297.310(10)(a), F.A.C., need not be submitted, provided the conditions of subparagraphs 62-297.310(10)(b)1. through 3., F.A.C., are met:

1. The owner or owner’s authorized agent shall submit the test information using the ERT as soon as practicable but no later than 45 days after the last run of each test is completed,

2. The test information shall provide, as a minimum, the information specified in subparagraphs 62-297.310(10)(c)1. through 24., F.A.C.; and,

3. The compliance authority specified by permit must receive written notification, no later than 45 days after the last run of each test is completed, of the date that the test data was submitted using the ERT.

(c) The test report shall provide sufficient detail on the emissions unit tested and the test procedures used to allow the Department to determine if the test was properly conducted and the test results properly computed. As a minimum, the test report, other than for an EPA Method 9 test, shall provide the following information:

1. The type, location, and identification number of the emissions unit tested.

2. The facility at which the emissions unit is located.

3. The owner and, if other than the owner, operator of the emissions unit.

4. The type and amount of fuels and materials typically used and processed, and the actual types and amounts of fuels used and material processed during each test run.

5. If necessary in order to compare the emissions test results with an applicable emission limiting standard, the means, raw data, and computations used to determine the amount of fuels used and materials processed.

6. The type of air pollution control devices installed on the emissions unit, their general condition, their typical operating parameters, and their actual operating parameters during each test run.

7. A diagram of the sampling location, including the distance to any upstream and downstream bends or other flow disturbances.

8. The date, starting time, and duration of each sampling run.

9. The test procedures, including any authorized alternative procedures, used.

10. The number of points sampled, and the configuration and location of the sampling plane.

11. For each sampling point for each run, the dry gas meter reading, velocity head, pressure drop across the stack or duct, temperatures, average meter temperatures, and sample time per point.

12. The type, manufacturer, and configuration of the sampling equipment used.

13. Data related to the required calibration of the test equipment.

14. Data on the identification, processing, and weights of all filters used.

15. Data on the types and amounts of any chemical solutions used.

16. For each sampling run, data on the amount of pollutant collected from each sampling probe.

17. For each sampling run, data on the amount of pollutant collected from the filters.

18. For each sampling run, data on the amount of pollutant collected from the impingers.

19. The names of individuals who furnished the process variable data, conducted the test, analyzed the samples and prepared the report.

20. All measured and calculated data required to be determined by each applicable test procedure for each run.

21. The detailed calculations for one run that relate the collected data to the calculated emission rate or concentration, as applicable.

22. The applicable emission standard, and the resulting maximum allowable emission rate or concentration for the emissions unit, as applicable, plus the test result in the same form and unit of measure.

23. When an emissions test is conducted for the Department or its agent, the person who conducts the test shall provide the certification with respect to the test procedures used. The owner or owner’s authorized agent shall certify that all data required and provided to the person conducting the test are true and correct to his or her knowledge.

24. For non-Title V sources, a certification by the owner or owner’s authorized agent that, to his or her knowledge, all data submitted are true and correct.

25. Any report submitted for a Title V source shall contain certification by a responsible official. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087, 403.0872 FS. History–Formerly 17-2.700(1)(b), 17-297.310, Amended 11-23-94, 3-13-96, 10-28-97, 3-2-99, 3-9-15.

Fla. Admin. Code R. 62-297.320 Standards for Persons Engaged in Visible Emissions Observations

(1) Training and Certification Required. All persons engaged in determining the opacity of visible emissions in Florida shall attend training and be certified by a training provider in accordance with the procedures and requirements set forth below.

(a) Certification shall consist of satisfactory attendance and completion of a classroom lecture and a field qualification. For certification purposes, the classroom lecture and field qualification are separate and independent requirements.

(b) Attendance at the classroom lecture is required no less frequently than every three years. Successful completion of the field qualification is required no less frequently than every six months.

(c) Proof of certification shall be made by including copies of the signed and dated certificates or cards issued by the training providers with documentation of visible emissions observations submitted to the department, or otherwise upon request of the department.

(2) Requirements for Training Providers. All persons providing training leading to the certification of persons engaged in determining the opacity of visible emissions in Florida shall meet the requirements of subsections 62-297.320(2)-(8), F.A.C.

(a) For certification purposes, the classroom lecture and field certification are separate and independent requirements. For each course scheduled, each training provider shall offer a classroom lecture and one or more days of field qualification.

(b) Copies of quality assurance documentation, attendance records and field data sheets shall be maintained for a period of no less than three years after the conclusion of each course and shall be made available to the department upon request.

(c) Each training provider shall arrange for suitable locations for the classroom lecture and field qualification sessions that facilitate learning and reduce the impact of the smoke on passersby.

(d) To assure that cigar, pipe or cigarette smoke does not interfere with the observations of the trainees, each training provider shall enforce a policy of no smoking within the field qualification area.

(3) Classroom Lecture.

(a) The classroom lecture shall include the following topics and exercises:

1. Sources and causes of visible emissions.

2. Common types of emission control equipment and their effects on visible emissions observations.

3. History of opacity measurement.

4. Principles and theory of opacity.

5. Plume types and characteristics.

6. Legal aspects of visible emissions observations and legal defensibility of Method 9.

7. Basic meteorological conditions that influence plume behavior.

8. Proper procedures for conducting field observations under a variety of conditions.

9. A demonstration of commonly used measurement devices including a compass, a wind speed measurement device, and an inclinometer.

10. A written exercise demonstrating the proper procedure for documentation of observations.

(b) Training providers shall issue a signed and dated certificate or card to all persons attending the classroom lecture.

(4) Field Qualification.

(a) The field qualification shall be conducted in accordance with the requirements set forth in 40 CFR Part 60, Subpart A, EPA Method 9, adopted and incorporated by reference at Rule 62-204.800, F.A.C.; EPA Quality Assurance Handbook for Air Pollution Measurement Systems: Volume III, Section 3.12, hereby adopted and incorporated by reference; and EPA Guidelines for Evaluation of Visible Emissions (EPA 340/1-75-007, April 1975), hereby adopted and incorporated by reference.

(b) Each training provider shall meet requirements for quality assurance at least as stringent as those outlined in EPA Method 9.

(c) Each training provider shall monitor the attendees so that conferring or copying results during field qualification does not occur.

(d) Each training provider shall not provide hints of any kind or demonstrate the smoke standards during the field qualification sessions, except during familiarization runs prior to each test.

(e) Training providers shall issue a signed and dated certificate or card to all persons who successfully complete the field qualification.

(5) Notification to Department of Training Course Offerings. Each training provider shall notify the department of all visible emissions training courses such provider offers in Florida at least 30 days prior to the start of each course.

(6) Notification to Department of Persons Receiving Certification. Each training provider shall provide a list of the names of attendees receiving certification at its courses to the department no later than 30 days after the conclusion of each course.

(7) Audit by the Department. For auditing purposes, each training provider shall allow one or more persons from the department or a local air pollution control agency to observe each visible emissions training course offered in Florida without advance notice to the training provider. The training provider shall not issue a certificate or card to the observers, and shall not charge a fee for their attendance.

(8) Invalidation of Certificates. After investigation by the department, should any training provider’s course be found by the department to not meet the requirements of this section, the certificates or cards offered by such provider for such course shall not be considered valid for visible emissions observations in Florida.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New 2-12-04.

Fla. Admin. Code R. 62-297.401 Compliance Test Methods

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.700(6)(b), Amended 6-11-93, Formerly 17-297.401, Amended 11-23-94, 1-1-96, 3-13-96, 10-7-96, 3-2-99, Repealed 7-10-14.

Fla. Admin. Code R. 62-297.440 Supplementary Test Procedures

The following test procedures are adopted by reference. Copies of these documents are available from the sources set forth below. Copies may also be inspected at the Department’s Tallahassee Office.

(1) [Reserved].

(2) EPA Reports – EPA occasionally publishes test methods and emission control guidelines in a report format. These documents are available (unless otherwise stated) from the National Technical Information Services, 5286 Port Royal Road, Springfield, Virginia 22216, and may be inspected at the Department’s Tallahassee Office.

(a) Petroleum Liquid Storage.

1. Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks, EPA 450/2-78-047, p. 5-3.

2. Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks, EPA 450/2-77-036, p. 6-2.

(b) Gasoline Bulk Terminals.

1. Vapor Control System Test.

a. VOC emissions from the vapor control system shall be determined by the method given in Appendix A of EPA 450/2-77-026, except that an adequate sampling time shall be at least six (6) hours of operation. For continuous vapor processing systems at least 80,000 gallons (302,800 liters) of gasoline shall be loaded during the test. For intermittent vapor processing systems, at least 80,000 gallons (302,800 liters) of gasoline shall be loaded during the test and at least two full cycles of operation of the vapor processing system shall occur. This test shall be performed prior to the date of compliance and annually thereafter. Test results records shall be maintained at the terminal until the subsequent annual test shall be made available to the department upon request.

b. Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals, EPA 450/2-77-026, Appendix A. Emission Test Procedure for Tank Truck Gasoline Loading Terminals.

2. Vapor Leak Detection.

a. During loading or unloading operations at bulk terminals, there shall be no reading greater than or equal to 100 percent of the lower explosive level (LEL), measured as propane at 1 in. (2.5 centimeters) around the perimeter of a potential leak source as detected by a combustible gas detector using the procedure described in Appendix B of EPA 450/2-78-051.

b. Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems, EPA 450/2-78-051, Appendix B, Gasoline Vapor Leak Detection Procedures by Combustible Gas Detector.

(c) Gasoline Service Stations.

1. Design Criteria for Stage I Vapor Control: Gasoline Service Stations, USEPA, OAQPS, ESED, November, 1975.

2. [Reserved].

(d) Non-destructive Control Devices.

1. Measurement of Volatile Organic Compounds, EPA 450/2-78-041, Attachment 3, Alternate Test for Direct Measurement of Total Gaseous Organic Compounds Using a Flame Ionization Analyzer.

2. [Reserved].

(e) Perchloroethylene Dry Cleaning Systems.

1. Control of Volatile Organic Emissions from Perchloroethylene Dry Cleaning Systems, EPA 450/2-78-050, p. 6-3, Compliance Procedures, Liquid Leakage.

2. RACT Compliance Guidance for Carbon Absorbers on Perchloroethylene Dry Cleaners. Task No. 119, Contract No. 68-01-4147. EPA, DSSE, May, 1980, pp. 8 – 21, Appendices A and B.

(f) Cross Recovery Determination. When determining if a kraft recovery furnace is a straight kraft or cross recovery furnace the procedure in 40 CFR 60.285(d)(3) of Subpart BB shall be used.

(3) [Reserved].

(4) American Petroleum Institute (API) Recommended Practices – These are available from the API, 2101 L Street, Northwest, Washington, D.C. 20037

(a) API Standard 650, Welded Steel Tanks for Oil Storage, Sixth Edition, Revision 1, May 15, 1978.

(b) API Publication 2517, Evaporation Loss from External Floating Roof Tanks, Second Edition, February, 1980.

(c) API 1004, Bottom Loading and Vapor Recovery for MC-306 Tank Motor Vehicles, Fourth Edition, September 1, 1977.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.700(6)(c), Amended 6-11-93, Formerly 17-297.440, Amended 11-23-94, 1-1-96, 3-2-99, 10-22-02, 7-10-14.

Fla. Admin. Code R. 62-297.450 EPA VOC Capture Efficiency Test Procedures

(1) Applicability. The requirements set forth in subsections 62-297.450(2) and (3), F.A.C., shall apply to all regulated VOC-emitting emissions units employing a control system pursuant to Rules 62-296.501 through 62-296.516, and 62-296.800, F.A.C.

(2) Capture Efficiency Determination. The owner or operator shall determine the capture efficiency of a VOC capture system by using the EPA Emission Measurement Technical Information Center Guideline Document GD-035, “Guidelines for Determining Capture Efficiency,” January 9, 1995 (http://www.flrules.org/Gateway/reference.asp?No=Ref-04299), hereby adopted and incorporated by reference; and one or more of the following EPA test methods, adopted and incorporated by reference at Rule 62-204.800, F.A.C., as applicable to the capture system:

(a) Method 204, Criteria for and Verification of a Permanent or Temporary Total Enclosure;

(b) Method 204A, Volatile Organic Compounds Content in Liquid Input Stream;

(c) Method 204B, Volatile Organic Compounds Emissions in Captured Stream;

(d) Method 204C, Volatile Organic Compounds Emissions in Captured Stream, (Dilution Technique);

(e) Method 204D, Volatile Organic Compounds Emissions in Uncaptured Stream from Temporary Total Enclosure;

(f) Method 204E, Volatile Organic Compounds Emissions in Uncaptured Stream from Building Enclosure, or

(g) Method 204F, Volatile Organic Compounds Content in Liquid Input Stream (Distillation Approach).

(3) In lieu of determining the capture efficiency of a capture system, the owner or operator of an affected activity, process, or emissions unit may determine the overall emission reduction efficiency of the system by dividing the recovered liquid VOC by the input liquid VOC using the procedure given in 40 C.F.R. §60.433, adopted and incorporated by reference at Rule 62-204.800, F.A.C., if all of the following criteria are met:

(a) The owner or operator uses a nondestructive control device designed to collect and recover VOC; and,

(b) The owner or operator is able to equate solvent usage with solvent recovery on a 24-hour (daily) basis, rather than a 20-day weighted average; and,

(c) The owner or operator can equate solvent usage with solvent recovery within 72 hours following each 24-hour period; and,

(d) The solvent recovery system (i.e., capture and control system) is dedicated to a single activity, process line, or emissions unit; or the solvent recovery system controls multiple activities, process lines, or emissions units, and the owner or operator is able to demonstrate that the overall control (i.e., the total recovered solvent VOC divided by the sum of liquid VOC input to all activities, process lines, or emissions units venting of the control system) meets or exceeds the most stringent emission standard applicable for any activity, process line, or emissions unit venting to the control system.

(4) Recordkeeping and Reporting.

(a) The owner or operator of an affected activity, process, or emissions unit shall submit to the department a list of the procedures that will be used for the capture efficiency tests at the owner or operator’s facility. A copy of the list shall be kept on file at the affected facility.

(b) Required test reports shall be submitted to the department within forty-five (45) days of the test date. A copy of the results shall be kept on file at the facility.

(c) If any physical or operational change is made to a control system, the owner or operator of the affected facility shall notify the department of the change within ten (10) working days after making such change. The department shall require the owner or operator of the affected activity, process, or emissions unit to conduct a new capture efficiency test if the department has reason to believe (based on engineering calculations or empirical evidence) that a physical or operational change made to the capture system has decreased the overall emissions reduction efficiency of the system.

(d) The owner or operator of an affected activity, process, or emissions unit shall notify the department thirty (30) days prior to performing any capture efficiency and/or control efficiency tests.

(e) The owner or operator of an affected activity, process, or emissions unit using a Permanent Total Enclosure shall demonstrate that this enclosure meets the requirement given in Method 204 for a Permanent Total Enclosure during any required control device efficiency test.

(f) The owner or operator of an affected activity, process, or emissions unit using a Temporary Total Enclosure shall demonstrate that this enclosure meets the requirements given in Method 204 for a Temporary Total Enclosure during any required control device efficiency test.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–Formerly 17-2.700(7), Amended 6-11-93, Formerly 17-297.450, Amended 11-23-94, 1-1-96, 3-2-99, 7-10-14.

Fla. Admin. Code R. 62-297.520 EPA Continuous Monitor Performance Specifications

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 6-29-93, Formerly 17-297.520, Amended 11-23-94, 3-13-96, 3-2-99, Repealed 2-16-12.

Fla. Admin. Code R. 62-297.620 Exceptions and Approval of Alternate Procedures and Requirements

(1) The owner or operator of any emissions unit subject to the provisions of this chapter may request in writing a determination by the Secretary or his/her designee that any requirement of this chapter (except for any continuous monitoring requirements) relating to emissions test procedures, methodology, equipment, or test facilities shall not apply to such emissions unit, and shall request approval of an alternate procedure or requirement.

(2) The request shall set forth the following information, at a minimum:

(a) Specific emissions unit and permit number, if any, for which exception is requested.

(b) The specific provision(s) of this chapter from which an exception is sought.

(c) The basis for the exception, including but not limited to any hardship which would result from compliance with the provisions of this chapter.

(d) The alternate procedure(s) or requirement(s) for which approval is sought and a demonstration that such alternate procedure(s) or requirement(s) shall be adequate to demonstrate compliance with applicable emission limiting standards contained in the rules of the department or any permit issued pursuant to those rules.

(3) The Secretary or his/her designee shall specify by order each alternate procedure or requirement approved for an individual emissions unit in accordance with this section or shall issue an order denying the request for such approval. The department’s order shall be final agency action, reviewable in accordance with Section 120.57, F.S.

(4) In the case of an emissions unit which has the potential to emit less than 100 tons per year of particulate matter and is equipped with a baghouse, the Secretary or the appropriate Director of District Management may waive any particulate matter compliance test requirements for such emissions unit specified in any otherwise applicable rule, and specify an alternative standard of 5% opacity. The waiver of compliance test requirements for a particulate emissions unit equipped with a baghouse, and the substitution of the visible emissions standard, shall be specified in the permit issued to the emissions unit. If the department has reason to believe that the particulate weight emission standard applicable to such an emissions unit is not being met, it shall require that compliance be demonstrated by the test method specified in the applicable rule.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.700(3), Amended 6-11-93, Formerly 17-297.620, Amended 11-23-94.

Chapter 62-301 SURFACE WATERS OF THE STATE

Fla. Admin. Code R. 62-301.100 Findings, Declaration and Intent

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.085, 403.086, 403.087, 403.088, 403.101, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708, 403.802 FS. History–New 5-29-90, Formerly 17-301.100, Repealed 2-16-12.

Fla. Admin. Code R. 62-301.200 Definitions

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.031, 403.061, 403.085, 403.086, 403.087, 403.088, 403.502, 403.802 FS. History–New 5-29-90, Formerly 17-301.200, Repealed 2-16-12.

Fla. Admin. Code R. 62-301.400 Determination of the Landward Extent of Surface Waters of the State

History

• Rulemaking Authority 403.061, 403.805 FS. Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088, 403.802, 403.817 FS. History–Formerly 17-4.02(17), Amended 10-1-84, 10-16-84, Formerly 17-4.022, 17-3.022, 17-301.400, Amended 1-8-96, Repealed 2-16-12.

Chapter 62-302 SURFACE WATER QUALITY STANDARDS

Fla. Admin. Code R. 62-302.100 Findings, Declaration and Intent

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.085, 403.086, 403.087, 403.088, 403.101, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708, 403.802 FS. History–New 5-29-90, Formerly 17-302.100, Repealed 12-26-96.

Fla. Admin. Code R. 62-302.200 Definitions

As used in this chapter:

(1) “Acute toxicity” shall mean a concentration greater than one-third (1/3) of the amount lethal to 50% of the test organisms in 96 hours (96 hr LC50) for a species protective of the indigenous aquatic community for a substance not identified in paragraph 62-302.500(1)(c) or (d), F.A.C., or for mixtures of substances, including effluents.

(2) “Annual average flow” is the long-term harmonic mean flow of the receiving water, or an equivalent flow based on generally accepted scientific procedures in waters for which such a mean cannot be calculated. For waters for which flow records have been kept for at least the last three years, “long-term” shall mean the period of record. For all other waters, “long-term” shall mean three years (unless the Department finds the data from that period not representative of present flow conditions, based on evidence of land use or other changes affecting the flow) or the period of records sufficient to show a variation of flow of at least three orders of magnitude, whichever period is less. For nontidal portions of rivers and streams, the harmonic mean (Qhm) shall be calculated as

n

Qhm = ____________________________

1 + 1 + 1 + 1 + . . . + 1

Q1 Q2 Q3 Q4 Qn

in which each Q is an individual flow record and n is the total number of records. In lakes and reservoirs, the annual average flow shall be based on the hydraulic residence time, which shall be calculated according to generally accepted scientific procedures, using the harmonic mean flows for the inflow sources. In tidal estuaries and coastal systems or tidal portions of rivers and streams, the annual average flow shall be determined using methods described in EPA publication no. 600/6-85/002b pages 142-227, incorporated by reference in paragraph 62-4.246(9)(k), F.A.C., or by other generally accepted scientific procedures, using the harmonic mean flow for any freshwater inflow. If there are insufficient data to determine the harmonic mean then the harmonic mean shall be estimated by methods as set forth in the EPA publication Technical Support Document for Water Quality-Based Toxics Control (March 1991), incorporated by reference in paragraph 62-4.246(9)(d), F.A.C., or other generally accepted scientific procedures. In situations with seasonably variable effluent discharge rates, hold-and-release treatment systems, and effluent-dominated sites, annual average flow shall mean modeling techniques that calculate long-term average daily concentrations from long-term individual daily flows and concentrations in accordance with generally accepted scientific procedures.

(3) “Background” shall mean the condition of waters in the absence of the activity or discharge under consideration, based on the best scientific information available to the Department.

(4) “Biological Health Assessment” shall mean one of the following aquatic community-based biological evaluations: Stream Condition Index (SCI), Lake Vegetation Index (LVI), or Shannon-Weaver Diversity Index.

(5) “Chronic Toxicity.”

(a) For a substance without an aquatic life-based criterion in Rule 62-302.530, F.A.C., and where chronic toxicity studies evaluating the toxicity of the substance are available, or for mixtures of substances, including effluents, chronic toxicity shall mean the concentration that equals or exceeds the IC25 on species protective of the indigenous aquatic community, or

(b) For a substance without an aquatic life-based criterion in Rule 62-302.530, F.A.C., and where chronic toxicity studies evaluating the toxicity of the substance on species protective of the indigenous aquatic community are not available, the chronic toxicity of a substance shall be established as a concentration greater than one-twentieth (1/20) of the amount lethal to 50% of the test organisms in 96 hours (96 hr LC 50) for a species protective of the indigenous aquatic community.

(6) “Commission” shall mean the Environmental Regulation Commission.

(7) “Compensation point for photosynthetic activity” shall mean the depth within the water column at which one percent of the surface Photosynthetically Active Radiation remains unabsorbed. The light intensities immediately below the surface and at depth shall be measured by irradiance meters that measure the total irradiance of light between 400 and 700 nm.

(8) “Department” shall mean the Department of Environmental Protection.

(9) “Designated use” shall mean the present and future most beneficial use of a body of water as designated by the Environmental Regulation Commission by means of the Classification system contained in this chapter.

(10) “Dissolved metal” shall mean the metal fraction that passes through a 0.45 micron filter.

(11) “Effluent limitation” shall mean any restriction established by the Department on quantities, rates or concentrations of chemical, physical, biological or other constituents which are discharged from sources into waters of the State.

(12) “Exceptional ecological significance” shall mean that a waterbody is a part of an ecosystem of unusual value. The exceptional significance may be in unusual species, productivity, diversity, ecological relationships, ambient water quality, scientific or educational interest, or in other aspects of the ecosystem’s setting or processes.

(13) “Exceptional recreational significance” shall mean unusual value as a resource for outdoor recreation activities. Outdoor recreation activities include, but are not limited to, fishing, boating, canoeing, water skiing, swimming, scuba diving, or nature observation. The exceptional significance may be in the intensity of present recreational usage, in an unusual quality of recreational experience, or in the potential for unusual future recreational use or experience.

(14) “Existing uses” shall mean any actual beneficial use of the waterbody on or after November 28, 1975.

(15) “IC25”or “Inhibition Concentration 25%” shall mean the concentration of toxicant that causes a 25% reduction in a biological response such as biomass, growth, fecundity, or reproduction in the test population when compared to the control population response.

(16) “Lake” shall mean, for purposes of interpreting the narrative nutrient criterion in paragraph 62-302.530(48)(b), F.A.C., a lentic fresh waterbody with a relatively long water residence time and an open water area that is free from emergent vegetation under typical hydrologic and climatic conditions. Aquatic plants, as defined in subsection 62-340.200(1), F.A.C., may be present in the open water. Lakes do not include springs, wetlands, or streams (except portions of streams that exhibit lake-like characteristics, such as long water residence time, increased width, or predominance of biological taxa typically found in non-flowing conditions).

(17) “Lake Vegetation Index (LVI)” shall mean a Biological Health Assessment that measures lake biological health in predominantly freshwaters using aquatic and wetland plants, performed and calculated in accordance with the requirements as set forth in Rule 62-160.210, F.A.C.

(18) “Man-induced conditions which cannot be controlled or abated” shall mean conditions that have been influenced by human activities; and,

(a) Would remain after removal of all point sources;

(b) Would remain after imposition of best management practices for non-point sources; and,

(c) Cannot be restored or abated by physical alteration of the waterbody, or there is no reasonable relationship between the economic, social and environmental costs and the benefits of restoration or physical alteration.

(19) “Natural background” shall mean the condition of waters in the absence of man-induced alterations based on the best scientific information available to the Department. The establishment of natural background for an altered waterbody may be based upon a similar unaltered waterbody, historical pre-alteration data, paleolimnological examination of sediment cores, or examination of geology and soils. When determining natural background conditions for a lake, the lake’s location and regional characteristics as described and depicted in the U.S. Environmental Protection Agency document titled Lake Regions of Florida (EPA/R-97/127, dated 1997, U.S. Environmental Protection Agency, National Health and Environmental Effects Research Laboratory, Corvallis, OR) (http://www.flrules.org/Gateway/reference.asp?No=Ref-06267), which is incorporated by reference herein, shall also be considered. The lake regions in this document are grouped according to ambient total phosphorus and total nitrogen concentrations in the following lake zones:

(a) The TP1 phosphorus zone consists of the USEPA Lake Regions 65-03, and 65-05.

(b) The TP2 phosphorus zone consists of the USEPA Lake Regions 75-04, 75-09, 75-14, 75-15 and 75-33.

(c) The TP3 phosphorus zone consists of the USEPA Lake Regions 65-01, 65-02, 75-01, 75-03, 75-05, 75-11, 75-12, 75-16, 75-19, 75-20, 75-23, 75-24, 75-27, 75-32 and 76-03.

(d) The TP4 phosphorus zone consists of the USEPA Lake Regions 65-04, 75-02, 75-06, 75-08, 75-10, 75-13, 75-17, 75-21, 75-22, 75-26, 75-29, 75-31, 75-34, 76-01and 76-02.

(e) The TP5 phosphorus zone consists of the USEPA Lake Regions 75-18, 75-25, 75-35, 75-36 and 76-04.

(f) The TP6 phosphorus zone consists of the USEPA Lake Regions 65-06, 75-07, 75-28, 75-30 and 75-37.

(g) The TN1 nitrogen zone consists of the USEPA Lake Region 65-03.

(h) The TN2 nitrogen zone consists of the USEPA Lake Regions 65-05 and 75-04.

(i) The TN3 nitrogen zone consists of the USEPA Lake Regions 65-01, 65-02, 65-04, 75-01, 75-02, 75-03, 75-09, 75-11, 75-15, 75-20, 75-23, 75-33 and 76-03.

(j) The TN4 nitrogen zone consists of the USEPA Lake Regions 65-06, 75-05, 75-06, 75-10, 75-12, 75-13, 75-14, 75-16, 75-17, 75-18, 75-19, 75-21, 75-22, 75-24, 75-26, 75-27 and 75-29, 75-31, 75-32, 75-34 and 76-02.

(k) The TN5 nitrogen zone consists of the USEPA Lake Regions 75-07,75-08, 75-25, 75-28, 75-30, 75-35, 75-36, 75-37, 76-01 and 76-04.

The Lake Regions document may be obtained from the website above or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(20) “Nuisance species” shall mean species of flora or fauna whose noxious characteristics or presence in sufficient number, biomass, or areal extent may reasonably be expected to prevent, or unreasonably interfere with, a designated use of those waters.

(21) “Nursery area of indigenous aquatic life” shall mean any bed of the following aquatic plants, either in monoculture or mixed: Halodule wrightii, Halophila spp., Potamogeton spp. (pondweed), Ruppia maritima (widgeon-grass), Sagittaria spp. (arrowhead), Syringodium filiforme (manatee-grass), Thalassia testudinum (turtle grass), or Vallisneria spp. (eel-grass), or any area used by the early-life stages, larvae and post-larvae, of aquatic life during the period of rapid growth and development into the juvenile states.

(22) “Nutrient” shall mean nitrogen or phosphorus, including totals and their organic or inorganic components.

(23) “Nutrient response variable” shall mean a biological variable, such as chlorophyll a, biomass, or structure of the phytoplankton, periphyton or vascular plant community, that responds to nutrient load or concentration in a predictable and measurable manner. For purposes of interpreting paragraph 62-302.530(48)(b), F.A.C., dissolved oxygen (DO) shall also be considered a nutrient response variable if it is demonstrated for the waterbody that DO conditions result in biological imbalance and the DO responds to a nutrient load or concentration in a predictable and measurable manner.

(24) “Nutrient Threshold” shall mean a concentration of nutrients that applies to a Nutrient Watershed Region and is derived from a statistical distribution of data from reference or benchmark sites. Nutrient Thresholds are only applied to streams as specified in paragraph 62-302.531(2)(c), F.A.C.

(25) “Nutrient Watershed Region” shall mean a drainage area over which the nutrient thresholds in paragraph 62-302.531(2)(c), F.A.C., apply.

(a) The Panhandle West region consists of the Perdido Bay Watershed, Pensacola Bay Watershed, Choctawhatchee Bay Watershed, St. Andrew Bay Watershed, and Apalachicola Bay Watershed.

(b) The Panhandle East region consists of the Apalachee Bay Watershed, and Econfina/Steinhatchee Coastal Drainage Area.

(c) The North Central region consists of the Suwannee River Watershed and the “stream to sink” region in Alachua, Marion and Levy Counties that is affected by the Hawthorne Formation.

(d) The West Central region consists of the Peace, Myakka, Hillsborough, Alafia, Manatee, Little Manatee River Watersheds, Sarasota/Lemon Bay Watershed and small, direct Tampa Bay tributary watersheds south of the Hillsborough River Watershed.

(e) The Peninsula region consists of the Waccasassa Coastal Drainage Area, Withlacoochee Coastal Drainage Area, Crystal/Pithlachascotee Coastal Drainage Area, small, direct Tampa Bay tributary watersheds west of the Hillsborough River Watershed, small, direct Charlotte Harbor tributary watersheds south of the Peace River Watershed, Caloosahatchee River Watershed, Estero Bay Watershed, Imperial River Watershed, Kissimmee River/Lake Okeechobee Drainage Area, Loxahatchee/St. Lucie Watershed, Indian River Watershed, Daytona/St. Augustine Coastal Drainage Area, St. John’s River Watershed, Nassau Coastal Drainage Area, and St. Mary’s River Watershed.

(f) The South Florida region consists of those areas south of the Peninsula region, such as the Cocohatchee River Watershed, Naples Bay Watershed, Rookery Bay Watershed, Ten Thousand Islands Watershed, Lake Worth Lagoon Watershed, Southeast Coast – Biscayne Bay Watershed, Everglades Watershed, Florida Bay Watershed, and the Florida Keys.

A map of the Nutrient Watershed Regions, dated September 2025, effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18677), is incorporated by reference herein and may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(26) “Outstanding Florida Waters” shall mean waters designated by the Environmental Regulation Commission as worthy of special protection because of their natural attributes.

(27) “Outstanding National Resources Waters” shall mean waters designated by the Environmental Regulation Commission that are of such exceptional recreational or ecological significance that water quality should be maintained and protected under all circumstances, other than temporary lowering and the lowering allowed under Section 316 of the Federal Clean Water Act.

(28) “Pollution” shall mean the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or man-made or human-induced impairment of air or waters or alteration of the chemical, physical, biological or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law.

(29) “Predominantly fresh waters” shall mean surface waters in which the chloride concentration is less than 1,500 milligrams per liter or specific conductance is less than 4,580 µmhos/cm. Measurements for making this determination shall be taken within the bottom half of the water column.

(30) “Predominantly marine waters” shall mean surface waters in which the chloride concentration is greater than or equal to 1,500 milligrams per liter or specific conductance is greater than or equal to 4,580 µmhos/cm. Measurements for making this determination shall be taken within the bottom half of the water column.

(31) “Propagation” shall mean reproduction sufficient to maintain the species’ role in its respective ecological community.

(32) “Secretary” shall mean the Secretary of the Department of Environmental Protection.

(33) “Shannon-Weaver Diversity Index” shall mean: negative summation (from i = 1 to s) of (ni/N) log2 (ni/N) where s is the number of species in a sample, N is the total number of individuals in a sample, and ni is the total number of individuals in species i.

(34) “Special Waters” shall mean water bodies designated in accordance with Rule 62-302.700, F.A.C., by the Environmental Regulation Commission for inclusion in the Special Waters Category of Outstanding Florida Waters, as contained in Rule 62-302.700, F.A.C. A Special Water may include all or part of any waterbody.

(35) “Spring vent” shall mean a location where groundwater flows out of a natural, discernable opening in the ground onto the land surface or into a predominantly fresh surface water.

(36) “Stream” shall mean, for purposes of interpreting the narrative nutrient criterion in paragraph 62-302.530(48)(b), F.A.C., under paragraph 62-302.531(2)(c), F.A.C., a predominantly fresh surface waterbody with perennial flow in a defined channel with banks during typical climatic and hydrologic conditions for its region within the state. During periods of drought, portions of a stream channel may exhibit a dry bed, but wetted pools are typically still present during these conditions. For a flowing waterbody or waterbody segment to be considered perennial it must exhibit measurable flow for at least 180 consecutive days in greater than 50% of years. Flowing waterbodies or segments of flowing waterbodies that exhibit lesser flow duration shall be considered non-perennial unless there is site-specific bioassessment information based on the resident flora or fauna that an aquatic community is present that would require perennial flow. Evaluation of waters considered streams shall be consistent with the “Implementation of Florida’s Numeric Nutrient Standard for Streams, June 2025”, effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18131), which is incorporated by reference herein. Copies of the implementation document may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400. Streams do not include:

(a) Non-perennial waterbody segments where site specific bioassessment information or flow data indicate periods of desiccation; typically result in the dominance of wetland and/or terrestrial taxa (and corresponding reduction in obligate fluvial or lotic taxa); wetlands; portions of streams that exhibit lake characteristics (e.g., long water residence time, increased width, or predominance of biological taxa typically found in non-flowing conditions); or tidally influenced segments that routinely reverse the direction of flows or fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions, or

(b) Ditches, canals and other conveyances, or segments of conveyances, that are man-made, or predominantly channelized or predominantly physically altered; and,

1. Are primarily used for water management purposes, such as flood protection, stormwater management, irrigation, or water supply; and,

2. Have marginal or poor stream habitat or habitat components, such as a lack of habitat or substrate that is biologically limited, because the conveyance has cross sections that are predominantly trapezoidal, has armored banks, or is maintained primarily for water conveyance.

(37) “Stream Condition Index (SCI)” shall mean a Biological Health Assessment that measures stream biological health in predominantly freshwaters using benthic macroinvertebrates, performed and calculated in accordance with the requirements as set forth in Rule 62-160.210, F.A.C. For water quality standards purposes, the Stream Condition Index shall not apply in the South Florida Nutrient Watershed Region.

(38) “Surface Water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.

(39) “Total Maximum Daily Load” (TMDL) for an impaired waterbody or waterbody segment shall mean the sum of the individual wasteload allocations for point sources and the load allocations for nonpoint sources and natural background. Prior to determining individual wasteload allocations and load allocations, the maximum amount of a pollutant that a waterbody or water segment can assimilate from all sources without exceeding water quality standards must first be calculated. A TMDL shall include either an implicit or explicit margin of safety and a consideration of seasonal variations.

(40) “Total recoverable metal” shall mean the concentration of metal in an unfiltered sample following treatment with hot dilute mineral acid.

(41) “Water quality criteria” shall mean elements of State water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports the present and future most beneficial uses.

(42) “Water quality standards” shall mean standards composed of designated present and future most beneficial uses (classification of waters), the numerical and narrative criteria, including Site Specific Alternative Criteria, applied to the specific water uses or classification, the Florida anti-degradation policy, and the moderating provisions, such a variances, mixing zone rule provisions, or exemptions.

(43) “Waters” shall be as defined in Section 403.031, F.S.

(44) “Zone of mixing” or “mixing zone” shall mean a volume of surface water containing the point or area of discharge and within which an opportunity for the mixture of wastes with receiving surface waters has been afforded.

History

• Rulemaking Authority 403.061, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021(11), 403.031, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.502, 403.802 FS. History–New 5-29-90, Amended 2-13-92, Formerly 17-302.200, Amended 1-23-95, 5-15-02, 4-2-08, 7-3-12, 8-1-13, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-302.300 Findings, Intent, and Antidegradation Policy for Surface Water Quality

(1) Article II, Section 7 of the Florida Constitution requires abatement of water pollution and conservation and protection of Florida’s natural resources and scenic beauty.

(2) Congress, in Section 101(a)(2) of the Federal Water Pollution Control Act, as amended, declares that achievement by July 1, 1983, of water quality sufficient for the protection and propogation of fish, shellfish, and wildlife, as well as for recreation in and on the water, is an interim goal to be sought whenever attainable. Congress further states in Section 101(a)(3), that it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited.

(3) The present and future most beneficial uses of all waters of the State have been designated by the Department by means of the classification system set forth in this chapter pursuant to Section 403.061(10), F.S. Water quality standards are established by the Department to protect these designated uses.

(4) Because activities outside the State sometimes cause pollution of Florida’s waters, the Department will make every reasonable effort to have such pollution abated.

(5) Water quality standards apply equally to and shall be uniformly enforced in both the public and private sector.

(6) Public interest shall not be construed to mean only those activities conducted solely to provide facilities or benefits to the general public. Private activities conducted for private purposes may also be in the public interest.

(7) The Commission, recognizing the complexity of water quality management and the necessity to temper regulatory actions with the technological progress and the social and economic well-being of people, urges, however, that there be no compromise where discharges of pollutants constitute a valid hazard to human health.

(8) The Commission requests that the Secretary seek and use the best environmental information available when making decisions on the effects of chronically and acutely toxic substances and carcinogenic, mutagenic, and teratogenic substances. Additionally, the Secretary is requested to seek and encourage innovative research and developments in waste treatment alternatives that might better preserve environmental quality or at the same time reduce the energy and dollar costs of operation.

(9) The criteria set forth in this chapter are minimum levels which are necessary to protect the designated uses of a water body. It is the intent of this Commission that permit applicants should not be penalized due to a low detection limit associated with any specific criteria.

(10)(a) The Department’s rules that were adopted on March 1, 1979, regarding water quality standards are designed to protect the public health or welfare and to enhance the quality of waters of the State. They have been established taking into consideration the use and value of waters of the State for public water supplies, propogation of fish and wildlife, recreational purposes, and agricultural, industrial, and other purposes, and also taking into consideration their use and value for navigation.

(b) Under the approach taken in the formulation of the rules adopted in this proceeding:

1. The Department’s rules that were adopted on March 1, 1979, regarding water quality standards are based upon the best scientific knowledge related to the protection of the various designated uses of waters of the State; and,

2. The mixing zone, zone of discharge, site specific alternative criteria, exemption, and equitable allocation provisions are designed to provide an opportunity for the future consideration of factors relating to localized situations which could not adequately be addressed in this proceeding, including economic and social consequences, attainability, irretrievable conditions, natural background, and detectability.

(c) This is an even-handed and balanced approach to attainment of water quality objectives. The Commission has specifically recognized that the social, economic and environmental costs may, under certain special circumstances, outweigh the social, economic and environmental benefits if the numerical criteria are enforced statewide. It is for that reason that the Commission has provided for mixing zones, zones of discharge, site specific alternative criteria, exemptions and other provisions in Chapters 62-302, 62-4, 62-600, and 62-660, F.A.C. Furthermore, the continued availability of the moderating provisions is a vital factor providing a basis for the Commission’s determination that water quality standards applicable to water classes in the rule are attainable taking into consideration environmental, technological, social, economic and institutional factors. The companion provisions of Chapters 62-4, 62-600, 62-660, F.A.C., approved simultaneously with these Water Quality Standards are incorporated herein by reference as a substantive part of the State’s comprehensive program for the control, abatement and prevention of water pollution.

(d) Without the moderating provisions described in subparagraph (b)2., above, the Commission would not have adopted the revisions described in subparagraph (b)1. above, nor determined that they are attainable as generally applicable water quality standards.

(11) Section 403.021(11), F.S., declares that the public policy of the State is to conserve the waters of the State to protect, maintain, and improve the quality thereof for public water supplies, for the propagation of wildlife, fish and other aquatic life, and for domestic, agricultural, industrial, recreational, and other beneficial uses. It also prohibits the discharge of wastes into Florida waters without treatment necessary to protect those beneficial uses of the waters.

(12) The Department shall assure that there shall be achieved the highest statutory and regulatory requirements for all new and existing point sources, and all cost-effective and reasonable best management practices for nonpoint source control. For the purposes of this rule, highest statutory and regulatory requirements for new and existing point sources are those which can be achieved through imposition of effluent limits required under Sections 301(b) and 306 of the Federal Clean Water Act (as amended in 1987) and Chapter 403. For the purposes of this rule, cost-effective and reasonable best management practices for nonpoint source control are those nonpoint source controls authorized under Chapters 373 and 403, F.S., and Department rules.

(13) The Department finds that excessive nutrients (total nitrogen and total phosphorus) constitute one of the most severe water quality problems facing the State. It shall be the Department’s policy to limit the introduction of man-induced nutrients into waters of the State. Particular consideration shall be given to the protection from further nutrient enrichment of waters which are presently high in nutrient concentrations or sensitive to further nutrient concentrations and sensitive to further nutrient loadings. Also, particular consideration shall be given to the protection from nutrient enrichment of those waters presently containing very low nutrient concentrations: less than 0.3 milligrams per liter total nitrogen or less than 0.04 milligrams per liter total phosphorus.

(14) Existing uses and the level of water quality necessary to protect the existing uses shall be fully maintained and protected. Such uses may be different or more extensive than the designated use.

(15) Pollution which causes or contributes to new violations of water quality standards or to continuation of existing violations is harmful to the waters of this State and shall not be allowed. Waters having water quality below the criteria established for them shall be protected and enhanced. However, the Department shall not strive to abate natural conditions.

(16) If the Department finds that a new or existing discharge will reduce the quality of the receiving waters below the classification established for them or violate any Department rule or standard, it shall refuse to permit the discharge.

(17) If the Department finds that a proposed new discharge or expansion of an existing discharge will not reduce the quality of the receiving waters below the classification established for them, it shall permit the discharge if such degradation is necessary or desirable under federal standards and under circumstances which are clearly in the public interest, and if all other Department requirements are met. Projects permitted under Part IV of Chapter 373, F.S., shall be considered in compliance with this subsection if those projects comply with the requirements of Section 373.414(1), F.S.; also projects permitted under the grandfather provisions of Sections 373.414(11) through (16), F.S., or permitted under Section 373.414(5), F.S., shall be considered in compliance with this subsection if those projects comply with the requirements of subsection 62-330.060(2), F.A.C.

(18)(a) Except as provided in paragraphs (b) and (c), of this subsection, an applicant for either a general or generic permit or renewal of an existing permit for which no expansion of the discharge is proposed is not required to show that any degradation from the discharge is necessary or desirable under federal standards and under circumstances which are clearly in the public interest.

(b) If the Department determines that the applicant has caused degradation of water quality over and above that allowed through previous permits issued to the applicant, then the applicant shall demonstrate that this lowering of water quality is necessary or desirable under federal standards and under circumstances which are clearly in the public interest. These circumstances are limited to cases where it has been demonstrated that degradation of water quality is occurring due to the discharge.

(c) If the new or expanded discharge was initially permitted by the Department on or after October 4, 1989, and the Department determines that an antidegradation analysis was not conducted, then the applicant seeking renewal of the existing permit shall demonstrate that degradation from the discharge is necessary or desirable under federal standards and under circumstances which are clearly in the public interest.

(19) As authorized under section 403.088, Florida Statutes, schedules of compliance for NPDES permits shall be consistent with the requirements of subsections 62-4.160(10), 62-620.610(12), and 62-620.620(6), F.A.C.

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 373.414, 403.021(11), 403.061, 403.085, 403.086, 403.087, 403.088, 403.101, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708, 403.802 FS. History–Formerly 17-3.041, Amended 1-28-90, Formerly 17-3.042, 17-302.300, Amended 12-19-94, 1-23-95, 12-26-96, 5-15-02, 12-7-06, 7-17-13, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-302.400 Classification of Surface Waters, Usage, Reclassification, Classified Waters

(1) All surface waters of the State have been classified according to designated uses as follows:

CLASS I

Potable Water Supplies

CLASS I-Treated

Treated Potable Water Supplies

CLASS II

Shellfish Propagation or Harvesting

CLASS III

Fish Consumption; Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife

CLASS III-Limited

Fish Consumption; Recreation or Limited Recreation; and/or Propagation and Maintenance of a Limited Population of Fish and Wildlife

CLASS IV

Agricultural Water Supplies

CLASS V

Navigation, Utility and Industrial Use

(2) Classification of a waterbody according to a particular designated use or uses does not preclude use of the water for other purposes.

(3) The specific water quality criteria corresponding to each surface water classification are listed in Rules 62-302.500 through 62-302.540, and 62-302.800, F.A.C.

(4) Water quality classifications are arranged in order of the degree of protection required, with Class I water having generally the most stringent water quality criteria and Class V the least. However, Class I, II, and III surface waters share water quality criteria established to protect fish consumption, recreation and the propagation and maintenance of a healthy, well-balanced population of fish and wildlife. For manmade lakes, canals or ditches, or streams converted to canals before November 28, 1975, considered under subsections (5) and (11) below, the Department shall evaluate the limited aquatic life support and habitat limitations of such waters, recognizing the physical and hydrologic characteristics and water management uses for which they were constructed.

(5) In addition to meeting applicable water quality criteria in Chapter 62-302, F.A.C., Class I-Treated Potable Water Supplies (Class I-Treated) waters shall also meet the requirements for discharged substances in Section 403.061(30)(b), F.S. Interested parties may provide the Department with documentation demonstrating that a Class I-Treated water would not attain the requirements of Section 403.061(30)(b), F.S., in accordance with Rule 62-620.555, F.A.C.

(6) Class III-Limited surface waters share the same water quality criteria as Class III except for any site specific alternative criteria that have been established for the waterbody under Rule 62-302.800, F.A.C. Class III-Limited waters are restricted to waters with human-induced physical or habitat conditions that prevent attainment of Class III uses and do not include waterbodies that were created for mitigation purposes. “Limited recreation” means opportunities for recreation in the water are reduced due to physical conditions. “Limited population of fish and wildlife” means the aquatic biological community does not fully resemble that of a natural system in the types, tolerance and diversity of species present. Class III-Limited waters are restricted to:

(a) Wholly artificial waterbodies that were constructed consistent with regulatory requirements under part I or Part IV of Chapter 373, part I or Part III of Chapter 378, or Part V of Chapter 403, F.S., or

(b) Altered waterbodies that were dredged or filled prior to November 28, 1975. For purposes of this section, “altered waterbodies” are those portions of natural surface waters that were dredged or filled prior to November 28, 1975, to such an extent that they exhibit separate and distinct hydrologic and environmental conditions from any waters to which they are connected.

(7) Criteria applicable to a classification are designed to maintain the minimum conditions necessary to assure the suitability of water for the designated use of the classification. In addition, applicable criteria are generally adequate to maintain minimum conditions required for the designated uses of less stringently regulated classifications. Therefore, unless clearly inconsistent with the criteria applicable, the designated uses of less stringently regulated classifications shall be deemed to be included within the designated uses of more stringently regulated classifications.

(8) Any person regulated by the Department or having a substantial interest in a surface waterbody may seek reclassification of waters of the State by filing a petition with the Department in accordance with Rule 28-103.006, F.A.C.

(9) A petition for reclassification shall reference and be accompanied by the information necessary to support the affirmative findings required in this section, as described in the DEP document titled, “Process for Reclassifying the Designated Uses of Florida Surface Waters” (DEP-SAS-001/10), dated June 2010 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02960), incorporated by reference herein. Copies of the Process document may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(10) All reclassifications of waters of the State shall be adopted, after public notice (including notification to affected local and regional governments and sovereign American Indian tribes) and public hearing, only upon affirmative findings by the Environmental Regulation Commission that:

(a) The proposed reclassification will establish the present and future most beneficial use of the waters;

(b) Such a reclassification is clearly in the public interest after considering public input, including consideration of input submitted by local and regional governing bodies and sovereign American Indian tribes, who represent the public interest where the waters, and affected upstream and downstream waters, are located;

(c) The proposed reclassification will not allow for the nonattainment of water quality standards in downstream waters;

(d) The demonstrations required under subsections (10)-(12), below, are met as applicable; and,

(e) The requirements contained in Rule 62-302.400, F.A.C., are satisfied.

(11) Reclassification of waters of the State which establishes more stringent criteria than presently established by this chapter shall be adopted, only upon additional affirmative finding by the Environmental Regulation Commission that the proposed designated use is attainable, upon consideration of environmental, technological, social, economic, and institutional factors. The assessment of attainability shall address upstream effects of reclassification.

(12) If rulemaking is initiated to reclassify a water to a less stringent classification, the petitioner or the Department shall include in the reclassification documentation appropriate and scientifically defensible water quality, biological, hydrological, and habitat studies and analyses, as well as environmental, technological, social, and economic studies, including costs to small businesses and local governments, as necessary to establish the present and future most beneficial use by demonstrating that:

(a) No existing uses are being removed and the less stringent criteria associated with the designation will not result in the nonattainment of water quality standards in downstream waters;

(b) The designated uses being removed cannot be attained by implementing effluent limits required by sections 301(b) and 306 of the Federal Clean Water Act in conjunction with implementation of cost-effective and reasonable best management requirements for nonpoint source pollution control; and,

(c) One or more of the following situations occur:

1. Naturally occurring concentrations of substances prevent the attainment of the use,

2. Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met,

3. Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place,

4. Dams, diversions, or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the waterbody to its original condition or to operate such modification in a way that would result in the attainment of the use,

5. Physical conditions related to the natural features of the waterbody, such as the lack of a proper substrate, cover, flow, depth, pool, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses, or

6. Controls more stringent than those required by sections 301(b) and 306 of the Federal Clean Water Act would result in substantial and widespread economic and social impact.

(13) The petition for a Class III-Limited classification shall include appropriate Site Specific Alternative Criteria proposals that are protective of the most beneficial use as determined by the demonstration in subsection (9), above. Site Specific Alternative Criteria established to support the Class III-Limited designated use are restricted to numeric criteria for any or all of the following parameters: nutrients (including nutrient response variables), bacteria, dissolved oxygen, alkalinity, specific conductance, transparency, turbidity, biological integrity, or pH. Site Specific Alternative Criteria for these parameters shall not be set at levels less stringent than water quality conditions at the time of reclassification and shall not be subject to the limitations in paragraph 62-302.800(2)(d), F.A.C. Proposed site specific alternative criteria for other parameters must fully protect Class III uses.

(14) Nothing contained in subsections (8) through (12) above, shall be deemed to pre-empt or prohibit the regulatory implementation, adoption, continuation or enforcement of more stringent criteria that are established by a local government through a local pollution control program.

(15) The surface waters of the State of Florida are classified as Class III – Fish Consumption; Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife, except for certain waters which are described in subsection 62-302.400(16), F.A.C. A waterbody may also be designated as an Outstanding Florida Water or an Outstanding National Resource Water. Outstanding Florida Waters and Outstanding National Resource Waters are not designated use classifications. A waterbody may also have special standards applied to it. However, notwithstanding any provision of this section, no classification action or change in designated use shall result in degradation of water quality in Outstanding Florida Waters or Outstanding National Resource Waters. Outstanding Florida Waters and Outstanding National Resource Waters are listed in Rule 62-302.700, F.A.C.

(16) Unless otherwise specified, the following shall apply:

(a) The landward extent of a classification shall coincide with the landward extent of waters of the state, as defined in Rule 62-340.600, F.A.C.

(b) Water quality classifications shall be interpreted to include associated water bodies such as tidal creeks, coves, bays and bayous. Notwithstanding paragraph 62-302.400(16)(a), F.A.C., above the boundaries of Class II waters shall be limited to “Predominantly Marine Waters” as defined in subsection 62-302.200(30), F.A.C.

(17) Exceptions to Class III:

(a) All secondary and tertiary canals wholly within agricultural areas are classified as Class IV and are not individually listed as exceptions to Class III. “Secondary and tertiary canals” shall mean any wholly artificial canal or ditch which is behind a control structure and which is part of a water control system that is connected to the works (set forth in Section 373.086, F.S.) of a water management district created under Section 373.069, F.S., and that is permitted by such water management district pursuant to Section 373.103, 373.413 or 373.416, F.S. Agricultural areas shall generally include lands actively used solely for the production of food and fiber which are zoned for agricultural use where county zoning is in effect. Agricultural areas exclude lands which are platted and subdivided or in a transition phase to residential use;

(b) The following listed waterbodies are classified as Class I, Class I-Treated, Class II, Class III-Limited, or Class V. Waters listed as Class I-Treated have not been submitted to or appoved by the U.S. Environmental Protection Agency and will remain Class III until the reclassification is approved by EPA. Copies of the maps referenced below may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400. The written waterbody descriptions are to be read in conjunction with the incorporated maps; however, the maps will take precedence if any conflict is identified between the written descriptions and the maps.

1. Alachua County – none.

2. Baker County – none.

3. Bay County

Class I

Bayou George and Creek – Impoundment to source.

Bear Creek – Impoundment to source.

Big Cedar Creek – Impoundment to source.

Deer Point Impoundment – Dam to source.

Econfina Creek – Upstream of Deer Point Impoundment.

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Bay County, May 2021” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18158), which is incorporated by reference herein:

East Bay and Tributaries – East of U.S. Highway 98 (Dupont Bridge) to, but excluding, Wetappo Creek.

North Bay and Tributaries – North of U.S. Highway 98 to Deer Point Dam (CR 2321 / 77A), excluding Alligator Bayou and Fanning (Fannin) Bayou north of an east-west line through Channel Marker 3.

West Bay and Tributaries – West of North Bay (line from West Bay Point on the north to Shell Point on the south), except West Bay Creek (northwest of Channel Marker 27C off Goose Point), Crooked Creek (north of a line from Crooked Creek Point to Doyle Point), and Burnt Mill Creek (north of a line from Graze Point to Cedar Point).

4. Bradford County – none.

5. Brevard County

Class I

St. Johns River and Tributaries – Lake Washington Dam south through and including Sawgrass Lake, Lake Hellen Blazes, to Indian River County Line.

Class II

All or portions of the Mosquito Lagoon, Banana River, Newfound Harbor, Indian River, and Goat, Kid and Trout Creeks, as shown on the maps titled “Class II waters in Brevard County, November 2015,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-06390) which are incorporated by reference herein.

6. Broward County – none.

7. Calhoun County

Class I

Bear Creek.

Econfina Creek.

8. Charlotte County

Class I

Alligator Creek – North and South Prongs from headwaters to the water control structure downstream of SR 765-A.

Port Charlotte Canal System – Surface waters lying upstream of, or directly connected to, Fordham Waterway upstream of Conway Boulevard.

Prairie Creek – DeSoto County Line and headwaters to Shell Creek.

Shell Creek – Headwaters to Hendrickson Dam (east of Myrtle Slough, in Section 20, T40S, R24E).

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Charlotte County, April 2022” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18136), which is incorporated by reference herein:

Lemon Bay, Placida Harbor, and Tributaries – from the north Charlotte County Line south to Gasparilla Sound and bounded on the east by SR 775.

Charlotte Harbor, Myakka River, and Gasparilla Sound – Waters except Peace River upstream from the northeastern point of Myakka Cutoff to the boat ramp in Ponce de Leon Park in south Punta Gorda, Catfish Creek north of N. Lat. 26º50'56'', and Whidden Creek north of N. Lat. 26º 51'15''.

9. Citrus County

Class II

All coastal waters and tidal creeks within the county, excluding (a) waters landward of the mouths of Bungalou Pass, East Pass, Johns Creek, Trout Creek, and the Cross Florida Barge Canal entrance next to Trout Creek, (b) Crystal River, (c) a portion of the Salt River south of the northern juncture of Salt Creek, and (d) the St. Martins River from its mouth to Greenleaf Bay, all as shown on the map titled “Class II Waters in Citrus County, November 2015,” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18671) which is incorporated by reference herein.

10. Clay County – none.

11. Collier County

Class I-Treated

Marco Lakes, as shown on the map titled “Class I and Class I-Treated Waters in Collier County, June 2016,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07077) which is incorporated by reference herein.

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Collier County (1-2), June 2020” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18137), which is incorporated by reference herein:

Little Hickory Bay, Wiggins Pass, and the Cocohatchee River.

Connecting Waterways – From Little Hickory Bay south through Inner and Outer Clam Bay, Inner and Outer Doctors Bay, Moorings Bay, and Doctors Pass to Banyon Blvd.

All or portions of the following waters, as shown on the map titled “Class II Waters in Collier County (2-2), September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18138), which is incorporated by reference herein:

Tidal Bays and Passes – Naples Bay and south and easterly through Dollar Bay, Rookery Bay and the Ten Thousand Islands to the Monroe County Line.

12. Columbia County – none.

13. Dade County – none.

14. DeSoto County

Class I

Horse Creek – From the northern border of Section 14, Township 38 South, Range 23 East, southward to Peace River, as shown on the map titled “Class I and Class I-Treated Waters in DeSoto County, June 2016,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07078) which is incorporated by reference herein.

Prairie Creek – From the headwaters of Prairie Creek to the Charlotte County line, as shown on the map titled “Class I and Class I-Treated Waters in DeSoto County, June 2016,” which is incorporated by reference herein.

Class I-Treated

Peace River Segment – From the confluence with Horse Creek southward to the southern line of Section 15, Township 39 South, Range 23 East, as shown on the map titled “Class I and Class I-Treated Waters in DeSoto County, June 2016,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07078) which is incorporated by reference herein.

15. Dixie County

Class II

All coastal waters within the county, excluding the mouth of the Suwannee River and its passes, as shown on the map titled “Class II Waters in Dixie County, November 2015,” effective date November 2025 (https://flrules.org/Gateway/reference.asp?No=Ref-18672) which is incorporated by reference herein.

16. Duval County

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Nassau County and Duval County, September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18139), which is incorporated by reference herein:

Ft. George River and Simpson Creek – Ft. George Inlet north to Nassau Sound.

Intracoastal Waterway and Tributaries – Confluence of Nassau and Amelia Rivers south to Flashing Marker 73 thence eastward along Ft. George River to Ft. George Inlet and includes Garden Creek.

Nassau River and Creek – From the mouth of Nassau Sound, (with the mouth starting at a line connecting the northeasternmost point of Little Talbot Island to the southeasternmost tip of Amelia Island), westerly to a north-south line through Seymore Point.

Pumpkinhill Creek.

17. Escambia County

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Escambia County and Santa Rosa County, September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18140), which is incorporated by reference herein:

Escambia Bay – From the Louisville and Nashville Railroad Trestle south to Pensacola Bay (Line from Emanuel Point east northeasterly to Garcon Point).

Pensacola Bay – East of a line connecting Emanuel Point on the north to the south end of the Pensacola Bay Bridge (U.S. Highway 98).

Santa Rosa Sound – East of a line connecting the northern approach of the Pensacola Beach Bridge (CR399) and Sharp Point, with the exception of the Navarre Beach area from a north-south line through Channel Marker 106 to Navarre Bridge (Navarre Beach Road).

18. Flagler County

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Flagler County, September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18141), which is incorporated by reference herein:

Matanzas River (Intracoastal Waterway) – From the N. Flagler County Line south to an east-west line through Fl. Marker 109.

Pellicer Creek.

19. Franklin

Class II

All or portions of Alligator Harbor, Apalachicola Bay, East Bay and its tributaries, the coastal waters north of a line from Peninsula Point on Alligator Point to the southeastern tip of Dog Island, Ochlockonee Bay, St. George Sound, and St. Vincent Sound, as shown on the maps titled “Class II Waters in Franklin County (1-2), November 2015,” effective date November 2025 (https://flrules.org/Gateway/reference.asp?No=Ref-18673) and “Class II Waters in Franklin County (2-2), November 2015,” effective date November 2025 (https://flrules.org/Gateway/reference.asp?No=Ref-18674), which are incorporated by reference herein.

20. Gadsden County

Class I

Holman Branch – SR 270-A to source.

Mosquito Creek – U.S. Highway 90 north to Florida State Line.

Quincy Creek – SR 65 to source.

21. Gilchrist County – none.

22. Glades County

Class I

Lake Okeechobee.

23. Gulf County

Class I-Treated

Port St. Joe Canal, as shown on the map titled “Class I and Class I-Treated Waters in Gulf County, June 2016,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07079) which is incorporated by reference herein.

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Gulf County, September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18142), which is incorporated by reference herein:

Indian Lagoon – West of Indian Pass and St. Vincent Sound.

St. Joseph Bay – South of a line from St. Joseph Point due east to U.S. Highway 98, excluding an area that is both within an arc 2.9 miles from the center of the mouth of Gulf County Canal and east of a line from St. Joseph Point to the northwest corner of Section 13, Township 8 South, Range 11 West.

24. Hamilton County – none.

25. Hardee County – none.

26. Hendry County

Class I

Lake Okeechobee, as shown on the map titled “Class I and Class I-Treated Waters in Hendry County, June 2016,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07080) which is incorporated by reference herein.

Class I-Treated

Caloosahatchee River Segment – From State Road 29 (Bridge Street) westward to the Lee County line, as shown on the map titled “Class I and Class I-Treataed Waters in Hendry County, June 2016,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07080) which is incorporated by reference herein.

27. Hernando County – none.

28. Highlands County – none.

29. Hillsborough County

Class I

Cow House Creek – Hillsborough River to source, as shown on the map titled “Class I and Class I-Treated Waters in Hillsborough County, June 2016,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07081) which is incorporated by reference herein.

Hillsborough River – City of Tampa Water Treatment Plant Dam to Flint Creek, as shown on the map titled “Class I and Class I-Treated Waters in Hillsborough County, June 2016,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07081) which is incorporated by reference herein.

Class I-Treated

Alafia River Segment – From Lithia Pinecrest Road (County Road 640) westward to Bell Shoals Road, as shown on the map titled “Class I and Class I-Treated Waters in Hillsborough County, June 2016,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07081) which is incorporated by reference herein.

Tampa By-Pass Canal Segment – From the control structure S-163 at Cow House Creek to the control structure S-160 (north of State Road 60), and Harney Canal west to Harney Road, as shown on the map titled “Class I and Class I-Treated Waters in Hillsborough County, June 2016,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07081) which is incorporated by reference herein.

Class II

All or portions of Tampa Bay, Old Tampa Bay, and Mobbly Bay, excluding waters in the Tampa Harbor Channel and waters north of SR 580 in Rocky and Double Branch Creeks, as shown on the map titled “Class II waters in Pinellas County and Hillsborough County, February 2022” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18143), which is incorporated by reference herein.

30. Holmes County – none.

31. Indian River County

Class I

St. Johns River and Tributaries – Brevard County Line south through and including Blue Cypress Lake to SR 60.

Class II

Portions of Indian River, as shown on the maps titled “Class II waters in Indian River County, November 2015,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-06395) which are incorporated by reference herein.

32. Jackson County.

Class I

Econfina Creek – Bay County to source.

33. Jefferson County

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Jefferson County, September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18144), which is incorporated by reference herein:

Coastal Waters – Within the county, excluding the Aucilla River.

34. Lafayette County – none.

35. Lake County – none.

36. Lee County

Class I

Caloosahatchee River – E. Lee County Line to South Florida Water Management District Structure 79.

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Lee County, September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18145), which is incorporated by reference herein:

Charlotte Harbor.

Matanzas Pass, Hurricane Bay, and Hell Peckish (Peckney) Bay – From San Carlos Bay southeast through Matanzas Pass, Hurricane Bay, and Hell Peckish Bay to a line from Estero Island through the southernmost tip of the unnamed island south of Julies Island, to the southernmost point of land in section 27, T46S, R24E.

Matlacha Pass – From Charlotte Harbor to San Carlos Bay.

Pine Island Sound – From Charlotte Harbor to San Carlos Bay.

San Carlos Bay – From a line from point Ybel Point through Bodwitch Point to Estero Pass, northward along the coast to the southern point of Big Shell Island, then north to the eastern point at the mouth of Punta Blanca Creek and westward to Pine Island Sound.

37. Leon County – none.

38. Levy County

Class II

All coastal waters and tidal creeks in the county, excluding the mouth of the Suwannee River and its passes, portions of Alligator Pass and Cedar Key, and the mouth of the Withlacoochee River, as shown on a map titled “Class II Waters in Levy County, November 2015,” effective date November 2025 (https://flrules.org/Gateway/reference.asp?No=Ref-18675) which is incorporated by reference herein.

39. Liberty County – none.

40. Madison County – none.

41. Manatee County

Class I

Manatee River – From Rye Bridge Road to the sources thereof, including but not limited to the following tributaries: the East Fork of the Manatee River, the North Fork of the Manatee River, Boggy Creek, Gilley Creek, Poley Branch, Corbit Branch, Little Deep Branch, Fisher Branch, Ft. Crawford Creek, Webb Branch, Clearwater Branch, Craig Branch, and Guthrey Branch.

Lake Evers (Ward Lake) and Braden River – City of Bradenton Water Treatment Dam to SR 675, excluding upland cut irrigation or drainage ditches and including the following tributaries:

Tributary

Upstream Limit(s)

a. Rattlesnake Slough

Lockwood Ridge Road in Section 28, Township 35 South, Range 18 East.

b. Cedar Creek

West Branch

Whitfield Avenue in Section 27, Township 35 South, Range 18 East.

Central Branch

Country Club Way in Section 34, Township 35 South, Range 18 East.

East Branch

To a point where an east-west line lying 1,200 feet south of the section line between Sections 23 and 26 (Township 35 South, Range 18 East) crosses the tributary.

c. Cooper Creek

West Branch

(Foley Branch) South Boundary of Section 1, Township 36 South, Range 18 East.

East Branch

East Boundary of Section 31, Township 35 South, Range 19 East.

d. Nonsense Creek

To a point where an east-west line lying 800 feet North of the section line between Sections 14 and 23 (Township 35 South, Range 18 East) crosses the creek.

e. Hickory Hamock

To a point where an east-west line lying 1,000 feet South of the section line between Sections 17 and 20 (Township 35 South, Range 19 East) crosses the creek.

f. Wolf Slough

East Boundary of Section 16, Township 35 South, Range 19 East.

g. Unnamed Tributary 1

To a point where an east-west line lying 2,300 feet south of the section line between Sections 21 and 28 (Township 35 South, Range 19 East) crosses the tributary.

h. Unnamed Tributary 2

East Boundary of Section 14, Township 35 South, Range 19 East.

i. Unnamed Tributary 3

West Boundary of Section 25, Township 35 South, Range 19 East.

j. Unnamed Tributary 4

To a point where a north-south line lying 200 feet East of the section line between Sections 23 and 24 (Township 35 South, Range 19 East) crosses the tributary.

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Manatee County, March 2021” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18146), which is incorporated by reference herein:

Gulf and Coastal Waters of Tampa Bay – Including, but not limited to, Terra Ceia Bay, Perico Bayou, Palma Sola Bay, and Sarasota Bay, excluding waters east of a line from the southern shore of the mouth of Redfish Creek to the nearest point of the spoil island west of Port Manatee continuing along the western shore of the island to the Hillsborough County line excluding Manatee River upstream of a line from Emerson Pt. to Mead Pt.

Gulf Waters – North of 27º31' N. Lat.

42. Marion County – none.

43. Martin County

Class I

Lake Okeechobee.

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Martin County, September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18147), which is incorporated by reference herein:

Great Pocket – St. Lucie River to Peck’s Lake.

Indian River – N. Martin County Line south to the mouth of St. Lucie Inlet, east of the Intracoastal Waterway Channel centerline.

Loxahatchee River – North of Palm Beach County Line.

44. Monroe County

Class II

All or portions of the following waters, as shown in the map titled “Class II Waters in Monroe County (1-2), September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18148) and the map titled “Class II Waters in Monroe County (2-2), September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18149), which are incorporated by reference herein:

Monroe County Coastline – From the Collier County Line southward to Cape Sabel.

Florida Bay – Those portions within Everglades National Park.

45. Nassau County

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Nassau County and Duval County, September 2019” (incorporated by reference in subparagraph 62-302.400(17)(b)16., F.A.C.):

Alligator Creek.

Nassau River and Creek – From the mouth of Nassau Sound (with the mouth starting at a line connecting the northeasternmost point of Little Talbot Island to the southeasternmost point of Amelia Island), westerly to Seymore (Seymore) Point.

South Amelia River – Nassau River north to a line from the northern shore of the mouth of Alligator Creek to the northernmost shore of Harrison Creek.

Waters between South Amelia River and Alligator Creek.

46. Okaloosa County

Class II

All or portions of the following waters, as shown in the map titled “Class II Waters in Okaloosa County, September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18150), which is incorporated by reference herein:

Choctawhatchee Bay and Tributaries – From a line from White Point southwesterly through Fl. Light Marker 1 of the Intracoastal Waterway, eastward to the county line, including East Pass.

Rocky Bayou – North of a line extending east from Shirk Point to the north end of Windward Circle, excluding Rocky Creek and other tributaries.

Santa Rosa Sound – From a north-south line through Manatee Point west to the Santa Rosa County Line.

47. Okeechobee County

Class I

Lake Okeechobee.

48. Orange County – none.

49. Osceola County – none.

50. Palm Beach County

Class I

Canal C-18 (freshwater portion).

City of West Palm Beach Water Catchment Area.

Clear Lake, Lake Mangonia, and the waterway connecting them.

Lake Okeechobee.

M-Canal – L-8 to Lake Mangonia.

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Palm Beach County, September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18151), which is incorporated by reference herein:

Canal C-18 – From the Salinity barrier to the Loxahatchee River.

Loxahatchee River – Upstream of Florida East Coast railroad bridge including Southwest, Northwest, and North Forks.

51. Pasco County – none.

52. Pinellas County

Class II

All or portions of the following waters, as shown in the map titled “Class II Waters in Pinellas County and Hillsborough County, February 2022” (incorporated by reference in subparagraph 62-302.400(17)(b)29., F.A.C.):

Old Tampa Bay, Mobbly Bay and Tampa Bay – South and westward to Sunshine Skyway (SR 55), except Safety Harbor north of an east-west line through Philippe Point.

Tampa Bay and Gulf waters – West of Sunshine Skyway (SR 55), excluding waters north of SR 682 and waters that are both west of Pinellas Bayway and north of an east-west line through the southernmost point of Pine Key.

53. Polk County – none.

54. Putnam County – none.

55. St. Johns County

Class II

All or portions of the following waters, as shown in the map titled “Class II Waters in St. Johns County (1-2), September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18152), which is incorporated by reference herein:

Matanzas River, Intracoastal Waterway and Tributaries – From Intracoastal Waterway Marker number 29, south to Flagler County Line, excluding Treasure Beach Canal System.

Pellicer Creek.

All or portions of the following waters, as shown in the map titled “Class II Waters in St. Johns County (2-2), September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18153), which is incorporated by reference herein:

Guano River and Tributaries – From Guano Lake Dam south to Tolomato River.

Salt Run – Waters south of an east-west line connecting Lighthouse Park boat ramp with Conch Island.

Tolomato River (North River) and Tributaries – From a line connecting Spanish Landing to Booth Landing, south to an east-west line through Intracoastal Waterway Marker number 55.

56. St. Lucie County

Class II

Portions of Indian River, as shown on the map titled “Class II waters in St. Lucie County, November 2015,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-06397) which is incorporated by reference herein.

57. Santa Rosa County

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Escambia County and Santa Rosa County, September 2019” (incorporated by reference in subparagraph 62-302.400(17)(b)17., F.A.C.):

Blackwater Bay – From a line connecting Robinson’s Point to Broad River south to East Bay (line due west from Escribano Point).

East Bay and Tributaries – From Blackwater Bay (line due west from Escribano Point) southerly to Pensacola Bay (line from Garcon Point on the north to Redfish Point on the south).

Escambia Bay – From the Louisville and Nashville Railroad Trestle south to Pensacola Bay (Line from Emanuel Point east northeasterly to Garcon Point).

Pensacola Bay – East of a line connecting Emanuel Point on the north to the south end of the Pensacola Bay Bridge (U.S. Highway 98).

Santa Rosa Sound – From a line connecting the northern approach of the Pensacola Beach Bridge (CR399) and Sharp Point, east to Santa Rosa/Okaloosa County line with exception of the Navarre Beach area from a north-south line through Channel Marker 106 eastward to Navarre Beach Toll Road.

58. Sarasota County

Class I

Big Slough Canal – South to U.S. 41.

Cooper Creek (Foley Branch) upstream to the South boundary of Section 1, Township 36 South, Range 18 East.

Myakka River – From the Manatee County line southwesterly through Upper and Lower Myakka Lakes to Manhattan Farms (north line of Section 6 T39S, R20E).

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Sarasota County Lemon Bay, January 2022” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18154), which is incorporated by reference herein:

Lemon Bay – From a line from the northern shore of the mouth of Forked Creek due east to Manasota Key south to the Charlotte County Line.

All or portions of the following waters, as shown on the map titled “Class II Waters in Sarasota County Myakka River, January 2022” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18155), which is incorporated by reference herein:

Myakka River – From the western line of section 35, T39S, R20E south to the Charlotte County Line.

All or portions of the following waters, as shown on the map titled “Class II Waters in Sarasota County Sarasota Bay, January 2022” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18156), which is incorporated by reference herein:Sarasota Bay – West of the Intracoastal Waterway Channel centerline.

59. Seminole County – none.

60. Sumter County – none.

61. Suwannee County – none.

62. Taylor County

Class V

Fenholloway River. Repealed effective December 31, 1997.

63. Union County – none.

64. Volusia County

Class II

All or portions of Indian River North, Indian River Lagoon, and Mosquito Lagoon, as shown on the map titled “Class II waters in Volusia County, November 2015,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-06398) which is incorporated by reference herein.

65. Wakulla County

Class II

All or portions of the following waters, as shown on the map titled “Class II Waters in Wakulla County, September 2019” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18157) which are incorporated by reference herein:

Coastal Waters and Tributaries – From the Jefferson County Line westward, with the exception of Spring Creek and the portion of King Bay (Dickerson Bay) west and north of a line from the westernmost tip of Porter Island south to Hungry Point, and Walker Creek north of a line from Live Oak Point southwest across the Creek to the closest tip of Shell Point.

66. Walton County

Class II

Portions of Choctawhatchee Bay and its tributaries, as shown on the map titled “Class II Waters in Walton County, November 2015,” effective date November 2025 (https://flrules.org/Gateway/reference.asp?No=Ref-18676) which is incorporated by reference herein.

67. Washington County

Class I

Econfina Creek.

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.504, 403.702, 403.708 FS. History–Formerly 28-5.06, 17-3.06, Amended and Renumbered 3-1-79, Amended 1-1-83, 2-1-83, Formerly 17-3.081, Amended 4-25-93, Formerly 17-302.400, Amended 12-26-96, 8-24-00, 12-7-06, 8-5-10, 8-1-13, 2-17-16, 11-17-16, 11-25-25.

Fla. Admin. Code R. 62-302.500 Surface Waters: Minimum Criteria, General Criteria

(1) Minimum Criteria. All surface waters of the State shall at all places and at all times be free from:

(a) Domestic, industrial, agricultural, or other man-induced non-thermal components of discharges which, alone or in combination with other substances or in combination with other components of discharges (whether thermal or non-thermal):

1. Settle to form putrescent deposits or otherwise create a nuisance, or

2. Float as debris, scum, oil, or other matter in such amounts as to form nuisances, or

3. Produce color, odor, taste, turbidity, or other conditions in such degree as to create a nuisance, or

4. Are acutely toxic, or

5. Are present in concentrations which are carcinogenic, mutagenic, or teratogenic to human beings or to significant, locally occurring, wildlife or aquatic species, unless specific standards are established for such components in subsection 62-302.500(2) or rule 62-302.530, F.A.C., or

6. Pose a serious danger to the public health, safety, or welfare.

(b) Thermal components of discharges which, alone, or in combination with other discharges or components of discharges (whether thermal or non-thermal):

1. Produce conditions so as to create a nuisance, or

2. Do not comply with applicable provisions of Rule 62-302.520, F.A.C.

(c) Silver in concentrations above 2.3 micrograms/liter in predominently marine waters.

(d) Lindane (g-ben-zene hexachloride) in concentrations above 0.16 micrograms/liter in predominantly marine waters or in concentrations above 0.95 micrograms/liter in predominantly fresh waters.

(2) General Criteria.

(a) The criteria of surface water quality provided in subsection 62-302.500(2) and Rule 62-302.530, F.A.C., shall apply to all surface waters outside zones of mixing except:

1. Where inconsistent with the limitations of Section 403.061(7), F.S., or

2. Where relief from such criteria has been granted pursuant to other applicable rules of the Department.

(b) The Department may establish a Technical Advisory Committee on request or on its own initiative, to review and advise the Department about the sufficiency and validity of data or methodologies and the need for revision of numerical surface water quality criteria established in this rule chapter. The committee shall be appointed by the Secretary and consist of professionals knowledgeable about the specific criteria to be reviewed. The committee shall be chaired by a representative of the Department and shall meet at the call of the chair. Any findings, conclusions, or recommendations of the commmittee shall be conveyed to the Secretary and to the chair of the Commission but shall not bind the Department.

(c) Effluent limits may be established for pollutants for which analytical detection limits are higher than the established water quality criteria based upon computation of concentrations in the receiving waters. Effluent limits will be established on site-specific conditions in the context of a Department permit. Monitoring reports and permit applications shall specify the detection limits and indicate non-detectable results in such cases. Unless otherwise specified, such non-detectable results shall be accepted as demonstrating compliance for that pollutant as long as specified effluent limits are met.

(d) Criteria for metals in Rule 62-302.530 and paragraph 62-302.500(1)(c), F.A.C., are measured as total recoverable metal. However, cadmium, chromium, copper, lead, nickel, silver, and zinc may be applied as dissolved metals when, as part of a permit application, a dissolved metals translator has been established according to the procedures described in the document, “Guidance for Establishing a Metals Translator,” Florida Department of Environmental Protection, December 17, 2001.

(e) A violation of any surface water quality criterion as set forth in this chapter constitutes pollution. For certain pollutants, numeric criteria have been established to protect human health from an unacceptable risk of additional cancer caused by the consumption of water or aquatic organisms. These numeric criteria are based on annual average flow conditions. However, this allowable annual average does not relieve any activity from complying with subsection 62-302.500(1), Rule 62-302.530, F.A.C., or any other provision of water quality standards.

(f) Notwithstanding the specific numerical criteria applicable to individual classes of water, dissolved oxygen levels that are attributable to natural background conditions or man-induced conditions which cannot be controlled or abated may be established as alternative dissolved oxygen criteria for a water body or portion of a water body. Alternative dissolved oxygen criteria may be established by the Secretary or a Director of District Management in conjunction with the issuance of a permit or other Department action only after public notice and opportunity for public hearing. The determination of alternative criteria shall be based on consideration of the factors described in subparagraphs 62-302.800(1)(a)1.-4., and subsections 62-302.533(3)-(4), F.A.C. Alternative criteria shall not result in a lowering of dissolved oxygen levels in the water body, water body segment or any adjacent waters, and shall not violate the minimum criteria specified in subsection 62-302.500(1), F.A.C. Daily and seasonal fluctuations in dissolved oxygen levels shall be maintained.

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–Formerly 28-5.02, 17-3.02, Amended 10-28-78, Amended and Renumbered 3-1-79, Amended 1-1-83, 10-4-89, Formerly 17-3.051, Amended 4-25-93, Formerly 17-302.500, Amended 1-15-96, 12-26-96, 5-15-02, 12-7-06, 8-1-13.

Fla. Admin. Code R. 62-302.510 Surface Waters; General Criteria

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 2-12-80, Formerly 17-3.05(1), (2), Amended 8-26-75, 6-10-76, 3-1-79, 10-2-80, 2-1-83, 4-26-87, Formerly 17-3.061, Amended 2-13-92, 6-17-92, 4-25-93, Formerly 17-302.510, Repealed 12-26-96.

Fla. Admin. Code R. 62-302.520 Thermal Surface Water Criteria

All discharges or proposed discharges of heated water into receiving bodies of water (RBW) which are controlled by the State shall be subjected to a thorough study to assess the consequences of the discharge upon the environment. The State shall be divided into two general climatological zones: Peninsular Florida, which varies from tropical in nature to temperate but is modified by the peninsular configuration and is the area south of latitude 30º N (excluding Gulf and Franklin Counties): and Northern Florida which is temperate and continental and is the area above latitude 30º N plus the portions of Gulf and Franklin Counties which lie below 30º N.

(1) Heated water discharges existing on July 1, 1972:

(a) Shall not increase the temperature of the RBW so as to cause substantial damage or harm to the aquatic life or vegetation therein or interfere with beneficial uses assigned to the RBW;

(b) Shall be monitored by the discharger to ensure compliance with this rule; and,

(c) If the Department, pursuant to notice and opportunity for hearing, finds by a preponderance of the evidence that a discharge has caused substantial damage, it may require conversion of such discharge to offstream cooling or approved alternate methods. In making determinations regarding such conversions, the Department may consider:

1. The nature and extent of the existing damage,

2. The projected lifetime of the existing discharge,

3. Any adverse economic and environmental (including non-water quality) impacts which would result from such conversion; and,

4. Such other factors as may be appropriate.

(2) Heated water sources proposed for future discharges into RBW controlled by the State shall not increase the water temperature by more than the monthly temperature limits prescribed for the particular type and location of the RBW. New sources shall include all expansions, modifications, alterations, replacements, or repairs which result in an increased output of ten percent (10%) or more of the level of energy production which existed on the date this rule became effective. Water temperatures shall be measured by procedures approved by the Florida Department of Environmental Protection (DEP). In all cases where a temperature rise above ambient is allowed and a maximum RBW temperature is also prescribed, the lower of the two limitations shall be the control temperature.

(3) Definitions.

(a) Ambient (natural) temperature of a RBW shall mean the existing temperature of the receiving water at a location which is unaffected by man-made thermal discharges and a location which is also of a depth and exposure to winds and currents which typify the most environmentally stable portions of the RBW.

(b) Coastal waters shall be all waters in the State which are not classified as fresh waters or as open waters.

(c) A cooling pond is a body of water enclosed by natural or constructed restraints which has been approved by the Florida DEP for purposes of controlling heat dissipation from thermal discharges.

(d) An existing heat source is any thermal discharge (a) which is presently taking place, or (b) which is under construction or for which a construction or operation permit has been issued prior to the effective date of this rule.

(e) Fresh waters shall be all waters of the State which are contained in lakes and ponds, or are in flowing streams above the zone in which tidal actions influence the salinity of the water and where the concentration of chloride ions is normally less than 1,500 milligrams per liter.

(f) Open water shall be all waters in the State extending seaward from the most seaward 18ꞌ-foot depth contour line (three-fathom bottom depth contour) which is offshore from any island; exposed or submerged bar or reef; or mouth of any embayment or estuary which is narrowed by headlands. Contour lines shall be determined from Coast and Geodetic Survey Charts.

(g) The point of discharge (POD) for a heated water discharge shall be primarily that point at which the effluent physically leaves its carrying conduit (open or closed), and discharges into the waters of the state, or, in the event it is not practicable to measure temperature at the end of the discharge conduit, a specific point designated by the Florida DEP for that particular thermal discharge.

(h) Heated water discharges are the effluents from commercial or industrial activities or processes in which water is used for the purpose of transporting waste heat, and which constitute heat sources of one million British Thermal Units per hour (1,000,000 BTU/HR.), or greater.

(i) Blowdown shall mean the minimum discharge of recirculating cooling water for the purpose of discharging materials contained in the water, the further buildup of which could cause concentrations in amounts exceeding limits established by best engineering practice.

(j) Recirculating cooling water shall mean water which is used for the purpose of removing waste heat and then passed through a cooling system for the purpose of removing such heat from the water and then, except for blowdown, is used again to remove waste heat.

(4) Monthly and Maximum Temperature Limits.

(a) Fresh Waters – Heated water with a temperature at the POD more than 5º F higher than the ambient (natural) temperature of any stream shall not be discharged into such stream. At all times under all conditions of stream flow the discharge temperature shall be controlled so that at least two-thirds (2/3) of the width of the stream’s surface remains at ambient (natural) temperature. Further, no more than one-fourth (1/4) of the cross-section of the stream at a traverse perpendicular to the flow shall be heated by the discharge. Heated water with a temperature at the POD more than 3º F higher than the ambient (natural) temperature of any lake or reservoir shall not be discharged into such lake or reservoir. Further, no heated water with a temperature above 90º F shall be discharged into any fresh waters in Northern Florida regardless of the ambient temperature of the RBW. In Peninsular Florida, heated waters above 92º F shall not be discharged into fresh waters.

(b) Coastal Waters – Heated water with a temperature at the POD more than 2º F higher than the ambient (natural) temperature of the RBW shall not be discharged into coastal waters in any zone during the months of June, July, August, and September. During the remainder of the year, heated water with a temperature at the POD more than 4º F higher than the ambient (natural) temperature of the RBW shall not be discharged into coastal waters in any zone. In addition, during June, July, August, and September, no heated water with a temperature above 92º F shall be discharged into coastal waters. Further, no heated water with a temperature above 90º F shall be discharged into coastal waters during the period October thru May.

(c) Open Waters – Heated water with a temperature at the POD up to 17º F above ambient (natural) temperature of the RBW may be discharged from an open or closed conduit into open waters under the following restraints: The surface temperature of the RBW shall not be raised to more than 97º F and the POD must be sufficient distance offshore to ensure that the adjacent coastal waters are not heated beyond the temperatures permitted in such waters.

(d) Cooling Ponds – The temperature for heated water discharged from a cooling pond shall be measured at the POD from the pond, and the temperature limitation shall be that specified for the RBW.

(5) General.

(a) Daily and seasonal temperature variations that were normal to the RBW before the addition of heat from other than natural causes shall be maintained.

(b) Recapitulation of temperature limitations prescribed above:

COASTAL

ZONE

STREAMS

LAKES

SUMMER

REMAINDER

OPEN

NORTH.

90º F Max

90º F Max.

92º F Max.

90º F Max.

97º F Max.

AM + 5º F

AM + 3º F

AM + 2º F

AM + 4º F

AM + 17º F

PENIN.

92º F Max.

92º F Max.

92º F Max.

90º F Max.

97º F Max.

AM + 5º F

AM + 3º F

AM + 2º F

AM + 4º F

AM + 17º F

(6) Upon application on a case-by-case basis, the Department may establish a zone of mixing beyond the POD to afford a reasonable opportunity for dilution and mixture of heated water discharges with the RBW, in the following manner:

(a) Zones of mixing for thermal discharges from non-recirculated cooling water systems and process water systems of new sources shall be allowed if supported by a demonstration, as provided in Section 316(a), Public Law 92-500 and regulations promulgated thereunder, including 40 C.F.R. Part 122, by an applicant that the proposed mixing zone will assure the protection and propagation of a balanced, indigenous population of shellfish, fish and wildlife in and on the body of water into which the discharge is to be made and such demonstration has not been rebutted. It is the intent of the Commission that to the extent practicable, proceedings under this provision should be conducted jointly with proceedings before the federal government under Section 316(a), Public Law 92-500.

(b) Zones of mixing for blowdown discharges from recirculated cooling water systems, and for discharges from non-recirculated cooling water systems of existing sources, shall be established on the basis of the physical and biological characteristics of the RBW.

(c) When a zone of mixing is established pursuant to this subsection 62-302.520(6), F.A.C., any otherwise applicable temperature limitations contained in Rule 62-302.520, F.A.C., shall be met at its boundary; however, the Department may also establish maximum numerical temperature limits to be measured at the POD and to be used in lieu of the general temperature limits in Rule 62-302.520, F.A.C., to determine compliance by the discharge with the established mixing zone and the temperature limits in Rule 62-302.520, F.A.C.

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–Formerly 28-5.02, 17-3.02, Amended 10-28-70, Amended and Renumbered 3-1-79, Formerly 17-3.05, 17-3.050, 17-302.520.

Fla. Admin. Code R. 62-302.530 Table: Surface Water Quality Criteria

The following table contains both numeric and narrative surface water quality criteria to be applied except within zones of mixing. The left-hand column of the Table is a list of constituents for which a surface water criterion exists. The headings for the water quality classifications are found at the top of the Table, and the classification descriptions for the headings are specified in subsection 62-302.400(1), F.A.C. Applicable criteria lie within the Table. The individual criteria should be read in conjunction with other provisions in water quality standards, including Rule 62-302.500, F.A.C. The criteria contained in Rule 62-302.500, F.A.C., also apply to all waters unless alternative or more stringent criteria are specified in Rule 62-302.530, F.A.C. Unless otherwise stated, all criteria express the maximum not to be exceeded at any time except within established mixing zones or in accordance with site-specific effluent limitations developed pursuant to Rule 62-620.620, F.A.C. In some cases, there are separate or additional limits, which apply independently of the maximum not to be exceeded at any time. For example, the criteria for carcinogens, which are expressed as an annual average (denoted as “annual avg.” in the Table), are applied as the maximum allowable annual average concentration at the long-term harmonic mean flow (see subsection 62-302.200(2), F.A.C.). Numeric interpretations of the narrative nutrient criterion in paragraph 62-302.530(48)(b), F.A.C., shall be expressed as spatial averages and applied over a spatial area consistent with their derivation. In applying the water quality standards, the Department shall take into account the variability occurring in nature and shall recognize the statistical variability inherent in sampling and testing procedures. The Department’s assessment methodology, set forth in Chapter 62-303, F.A.C., accounts for such natural and statistical variability when used to assess ambient waters pursuant to sections 305(b) and 303(d) of the Federal Clean Water Act.

Criteria for Surface Water Quality Classifications

Parameter

Units

Class I

Class II

Class III and Class III-Limited

(see Note 4)

Predominantly Fresh Waters

Class III and Class III-Limited

(see Note 4)

Predominantly Marine Waters

Class IV

Class V

(1) Alkalinity

Milligrams/L as CaCO3

Shall not be depressed below 20. In waterbodies with natural alkalinity levels below 20 mg/L, alkalinity shall not be reduced by more than 25%.

Shall not be depressed below 20. In waterbodies with natural alkalinity levels below 20 mg/L, alkalinity shall not be reduced by more than 25%.

< 600

(2) Aluminum

Milligrams/L

< 1.5

< 1.5

(3) Ammonia (Total Ammonia Nitrogen)

(Class I, Class III fresh water, and Class III-Limited fresh water)

Milligrams/L as Total Ammonia Nitrogen

(TAN = NH4+ + NH3)

The 30-day average TAN value shall not exceed the average of the values calculated from the following equation, with no single value exceeding 2.5 times the value from the equation:

T and pH are defined as the paired field temperature (°C) and pH associated with the TAN sample. For purposes of total ammonia nitrogen criterion calculations, pH is subject to the range of 6.5 to 9.0. The pH shall be set at 6.5 if measured pH is < 6.5 and set at 9.0 if the measured pH is > 9.0. The temperature (T) shall be constrained to values greater than or equal to 7° C. Temperature values less than 7° C shall be set to 7° C for purposes of calculating the TAN criteria.

(4) Antimony

Micrograms/L

< 14.0

< 4,300

< 4,300

< 4,300

(5)(a) Arsenic (total)

Micrograms/L

≤ 10

< 50

< 50

< 50

< 50

< 50

(b) Arsenic (trivalent)

Micrograms/L

measured as total recoverable Arsenic

< 36

< 36

(6)(a) Bacteriological Quality (Fecal Coliform Bacteria)

Number per 100 ml (Most Probable Number (MPN) or Membrane Filter (MF))

MPN or MF counts shall not exceed a median value of 14 with not more than 10% of the samples exceeding 43 (for MPN) or 31 (for MF). To determine the percentage of samples exceeding the criteria when there are both MPN and MF samples for a waterbody, the percent shall be calculated as 100*(nmpn+nmf)/N, where nmpn is the number of MPN samples greater than 43, nmf is the number of MF samples greater than 31, and N is the total number of MPN and MF samples.

(b) Bacteriological Quality (Escherichia coli Bacteria)

Number per 100 ml (Most Probable Number (MPN) or Membrane Filter (MF))

MPN or MF counts shall not exceed a monthly geometric mean of 126 nor exceed the Ten Percent Threshold Value (TPTV) of 410 in 10% or more of the samples during any 30-day period. Monthly geometric means shall be based on a minimum of 5 samples taken on five different days over a 30-day period. If there are fewer than 5 samples in a month for a given location, the TPTV is assessed as a single sample maximum.

MPN or MF counts shall not exceed a monthly geometric mean of 126 nor exceed the Ten Percent Threshold Value (TPTV) of 410 in 10% or more of the samples during any 30-day period. Monthly geometric means shall be based on a minimum of 10 samples taken on ten different days over a 30-day period. If there are fewer than 10 samples in a month for a given location, the TPTV is assessed as a single sample maximum.

(c) Bacteriological Quality (Enterococci Bacteria)

Number per 100 ml (Most Probable Number (MPN) or Membrane Filter (MF))

MPN or MF counts shall not exceed a monthly geometric mean of 35 nor exceed the Ten Percent Threshold Value (TPTV) of 130 in 10% or more of the samples during any 30-day period. Monthly geometric means shall be based on a minimum of 10 samples taken on ten different days over a 30-day period. If there are fewer than 10 samples in a month for a given location, the TPTV is assessed as a single sample maximum.

MPN or MF counts shall not exceed a monthly geometric mean of 35 nor exceed the Ten Percent Threshold Value (TPTV) of 130 in 10% or more of the samples during any 30-day period. Monthly geometric means shall be based on a minimum of 10 samples taken on ten different days over a 30-day period. If there are fewer than 10 samples in a month for a given location, the TPTV is assessed as a single sample maximum.

(7) Barium

Milligrams/L

< 1

(8) Benzene

Micrograms/L

< 1.18

< 71.28 annual avg.

< 71.28 annual avg.

< 71.28 annual avg.

(9) Beryllium

Micrograms/L

< 0.0077 annual avg.

< 0.13 annual avg.

< 0.13 annual avg.

< 0.13 annual avg.

< 100 in waters with a hardness in mg/L of CaCO3 of less than 250 and shall not exceed 500 in harder waters

(10)(a) Biological Health (Shannon-Weaver Diversity Index using Hester-Dendy type samplers)

Per cent reduction of Shannon-Weaver Diversity Index

The Index for benthic macroinvert-ebrates shall not be reduced to less than 75% of background levels as measured using organisms retained by a U.S. Standard No. 30 sieve and collected and composited from a minimum of three Hester-Dendy type artificial substrate samplers of 0.10 to 0.15 m2 area each, incubated for a period of four weeks.

The Index for benthic macroinvert-ebrates shall not be reduced to less than 75% of established background levels as measured using organisms retained by a U.S. Standard No. 30 sieve and collected and composited from a minimum of three Hester-Dendy type artificial substrate samplers of 0.10 to 0.15 m2 area each, incubated for a period of four weeks.

(b) Biological Health (Shannon-Weaver Diversity Index using Ekman or Ponar type samplers)

Percent reduction of Shannon-Weaver Diversity Index

In lakes, the Index for benthic macroinvert-ebrates shall not be reduced to less than 75% of established background levels as measured using organisms retained by a U.S. Standard No. 30 sieve and collected and composited from a minimum of three natural substrate samples, taken with Ekman or Ponar type samplers with minimum sampling area of 225 cm2.

The Index for benthic macroinvert-ebrates shall not be reduced to less than 75% of established background levels as measured using organisms retained by a U.S. Standard No. 30 sieve and collected and composited from a minimum of three natural substrate samples, taken with Ponar type samplers with minimum sampling area of 225 cm2.

In lakes, the Index for benthic macroinvert-ebrates shall not be reduced to less than 75% of established background levels as measured using organisms retained by a U.S. Standard No. 30 sieve and collected and composited from a minimum of three natural substrate samples, taken with Ekman or Ponar type samplers with minimum sampling area of 225 cm2.

The Index for benthic macroinvert-ebrates shall not be reduced to less than 75% of established background levels as measured using organisms retained by a U.S. Standard No. 30 sieve and collected and composited from a minimum of three natural substrate samples, taken with Ponar type samplers with minimum sampling area of 225 cm2.

(11) BOD (Biochemical Oxygen Demand)

Shall not be increased to exceed values which would cause dissolved oxygen to be depressed below the limit established for each class and, in no case, shall it be great enough to produce nuisance conditions.

(12) Boron

Milligrams/L

< 0.75

(13) Bromates

Milligrams/L

< 100

< 100

(14) Bromine (free molecular)

Milligrams/L

< 0.1

< 0.1

(15) Cadmium

Micrograms/L

See Notes (1) and (3).

Cd <

e(0.7409[lnH]-4.719);

< 8.8

Cd <

e(0.7409[lnH]-4.719);

< 8.8

(16) Carbon tetrachloride

Micrograms/L

< 0.25 annual avg.; 3.0 max

< 4.42 annual avg.

< 4.42 annual avg.

< 4.42 annual avg.

(17) Chlorides

Milligrams/L

< 250

Not increased more than 10% above normal background. Normal daily and seasonal fluctuations shall be maintained.

Not increased more than 10% above normal background. Normal daily and seasonal fluctuations shall be maintained.

In predominantly marine waters, not increased more than 10% above normal background. Normal daily and seasonal fluctuations shall be maintained.

(18) Chlorine (total residual)

Milligrams/L

< 0.01

< 0.01

< 0.01

< 0.01

(19)(a) Chromium (trivalent)

Micrograms/L

measured as total recoverable Chromium

See Notes (1) and (3).

Cr (III) ( e(0.819[lnH]+0.6848)

Cr (III) ( e(0.819[lnH]+0.6848)

Cr (III) ( e(0.819[lnH]+0.6848)

In predominantly fresh waters, ( e(0.819[lnH]+0.6848)

(b) Chromium

(hexavalent)

Micrograms/L

See Note (3)

< 11

< 50

< 11

< 50

< 11

In predominantly fresh waters, < 11. In predominantly marine waters,

< 50

(20) Chronic Toxicity (see definition in subsection 62-302.200(5), F.A.C. and also see below, “Substances in concentrations which...”)

(21) Color, etc. (see also Minimum Criteria, Odor, Phenols, etc.)

Color, odor, and taste producing substances and other deleterious substances, including other chemical compounds attributable to domestic wastes, industrial wastes, and other wastes

Only such amounts as will not render the waters unsuitable for agricultural irrigation, livestock watering, industrial cooling, industrial process water supply purposes, or fish survival.

(22) Conductance, Specific

Micromhos (μmho/cm) or Microsiemans (μS/cm)

Shall not be increased more than 50% above background or to 1275, whichever is greater.

Shall not be increased more than 50% above background or to 1275, whichever is greater.

Shall not be increased more than 50% above background or to 1275, whichever is greater.

Shall not exceed 4,000

(23) Copper

Micrograms/L

See Notes (1) and (3).

Cu ( e(0.8545[lnH]-1.702)

( 3.7

Cu (

e(0.8545[lnH]-1.702)

( 3.7

< 500

< 500

(24) Cyanide

Micrograms/L

< 5.2

< 1.0

< 5.2

< 1.0

< 5.0

< 5.0

(25) Definitions (see section 62-302.200, F.A.C.)

(26) Detergents

Milligrams/L

< 0.5

< 0.5

< 0.5

< 0.5

< 0.5

< 0.5

(27) 1,1-Dichloroethylene (1,1-dichloroethene)

Micrograms/L

< 0.057 annual avg.; < 7.0 max

< 3.2 annual avg.

< 3.2 annual avg.

< 3.2 annual avg.

(28) Dichloromethane (methylene chloride)

Micrograms/L

< 4.65 annual avg.

< 1,580 annual avg.

< 1,580 annual avg.

< 1,580 annual avg.

(29) 2,4-Dinitrotoluene

Micrograms/L

< 0.11 annual avg.

< 9.1 annual avg.

< 9.1 annual avg.

< 9.1 annual avg.

(30) Dissolved Oxygen

Milligrams/L

See Rule 62-302.533, F.A.C.

Shall not average less than 4.0 in a 24-hour period and shall never be less than 3.0.

Shall not be less than 0.3, fifty percent of the time on an annual basis for flows greater than or equal to 250 cubic feet per second and shall never be less than 0.1. Normal daily and seasonal fluctuations above these levels shall be maintained.

(31) Dissolved Solids

Milligrams/L

< 500 as a monthly avg.; < 1,000 max

(32) Fluorides

Milligrams/L

< 1.5

< 1.5

< 10.0

< 5.0

< 10.0

< 10.0

(33) “Free Froms” (see Minimum Criteria in Rule 62-302.500, F.A.C.)

(34) “General Criteria” (see Rule 62-302.500, F.A.C., and individual criteria)

(35)(a) Halomethanes (Total trihalomethanes) (total of bromoform, chlorodibromo-methane, dichlorobromome-thane, and chloroform). Individual halomethanes shall not exceed subparagraphs (b)1. to (b)5., below.

Micrograms/L

< 80

(b)1. Halomethanes (individual): Bromoform

Micrograms/L

< 4.3 annual avg.

< 360 annual avg.

< 360 annual avg.

< 360 annual avg.

2. Halomethanes (individual): Chlorodibromo-methane

Micrograms/L

< 0.41 annual avg.

< 34 annual avg.

< 34 annual avg.

< 34 annual avg.

3. Halomethanes (individual): Chloroform

Micrograms/L

< 5.67 annual avg.

< 470.8 annual avg.

< 470.8 annual avg.

< 470.8 annual avg.

4. Halomethanes (individual): Chloromethane (methyl chloride)

Micrograms/L

< 5.67 annual avg.

< 470.8 annual avg.

< 470.8 annual avg.

< 470.8 annual avg.

5. Halomethanes (individual): Dichlorobromomethane

Micrograms/L

< 0.27 annual avg.

< 22 annual avg.

< 22 annual avg.

< 22 annual avg.

(36) Hexachlorobutadiene

Micrograms/L

< 0.45 annual avg.

< 49.7 annual avg.

< 49.7 annual avg.

< 49.7 annual avg.

(37) Imbalance (see Nutrients)

(38) Iron

Milligrams/L

< 1.0

< 0.3

< 1.0

< 0.3

< 1.0

(39) Lead

Micrograms/L

See Notes (1) and (3).

Pb < e(1.273[lnH] - 4.705)

( 8.5

Pb < e(1.273 [lnH] - 4.705)

( 8.5

< 50

< 50

(40) Manganese

Milligrams/L

< 0.1

(41) Mercury

Micrograms/L

(0.012

(0.025

(0.012

(0.025

< 0.2

< 0.2

(42) Minimum Criteria (see Rule 62-302.500, F.A.C.)

(43) Mixing Zones (See Rule 62-4.244, F.A.C.)

(44) Nickel

Micrograms/L

See Notes (1) and (3).

Ni ( e(0.846[lnH]+0.0584)

< 8.3

Ni ( e(0.846[lnH]+0.0584)

< 8.3

< 100

(45) Nitrate

Milligrams/L as N

< 10 or that concentration that exceeds the nutrient criteria

(46) Nonylphenol (4-nonylphenol)

Micrograms/L

< 6.6

< 1.7

< 6.6

< 1.7

(47) Nuisance Species

Substances in concentrations which result in the dominance of nuisance species: none shall be present.

(48)(a) Nutrients

The discharge of nutrients shall continue to be limited as needed to prevent violations of other standards contained in this chapter. Man-induced nutrient enrichment (total nitrogen or total phosphorus) shall be considered degradation in relation to the provisions of Rules 62-302.300, 62-302.700 and 62-4.242, F.A.C.

(b) Nutrients

In no case shall nutrient concentrations of a body of water be altered so as to cause an imbalance in natural populations of aquatic flora or fauna (see Rules 62-302.531, 62-302.532, and 62-302.540, F.A.C., for numeric interpretations of this criterion).

(49) Odor (also see Color, Minimum Criteria, Phenolic Compounds, etc.)

Threshold odor number

Shall not exceed 24 at 60 degrees C as a daily average.

Odor producing substances: only in such amounts as will not unreasonably interfere with use of the water for the designated purpose of this classification.

(50)(a) Oils and Greases

Milligrams/L

Dissolved or emulsified oils and greases shall not exceed 5.0

Dissolved or emulsified oils and greases shall not exceed 5.0

Dissolved or emulsified oils and greases shall not exceed 5.0

Dissolved or emulsified oils and greases shall not exceed 5.0

Dissolved or emulsified oils and greases shall not exceed 5.0

Dissolved or emulsified oils and greases shall not exceed 10.0

(b) Oils and Greases

No undissolved oil, or visible oil defined as iridescence, shall be present so as to cause taste or odor, or otherwise interfere with the beneficial use of waters.

(51) Pesticides and Herbicides

(a) 2,4,5-TP

Micrograms/L

< 10

(b) 2-4-D

Micrograms/L

< 100

(c) Aldrin

Micrograms/L

< .00013 annual avg.; 3.0 max

< .00014 annual avg.; 1.3 max

< .00014 annual avg.; 3.0 max

< .00014 annual avg.; 1.3 max

(d) Beta-hexachlorocyclohexane (b-BHC)

Micrograms/L

< 0.014 annual avg.

< 0.046 annual avg.

< 0.046 annual avg.

< 0.046 annual avg.

(e) Carbaryl

Micrograms/L

< 2.1

< 2.1

(f) Chlordane

Micrograms/L

< 0.00058 annual avg.; 0.0043 max

< 0.00059 annual avg.; 0.004 max

< 0.00059 annual avg.; 0.0043 max

< 0.00059 annual avg.; 0.004 max

(g) Chlorpyrifos

Micrograms/L

< 0.041

< 0.0056

< 0.041

< 0.0056

(h) DDT

Micrograms/L

< 0.00059 annual avg.; 0.001 max

< 0.00059 annual avg.; 0.001 max

< 0.00059 annual avg.; 0.001 max

< 0.00059 annual avg.; 0.001 max

(i) Demeton

Micrograms/L

< 0.1

< 0.1

< 0.1

< 0.1

(j) Diazinon

Micrograms/L

< 0.17

< 0.82

< 0.17

< 0.82

(k) Dieldrin

Micrograms/L

< 0.00014 annual avg.; 0.0019 max

< 0.00014 annual avg.; 0.0019 max

< 0.00014 annual avg.; 0.0019 max

< 0.00014 annual avg.; 0.0019 max

(l) Endosulfan

Micrograms/L

< 0.056

< 0.0087

< 0.056

< 0.0087

(m) Endrin

Micrograms/L

< 0.0023

< 0.0023

< 0.0023

< 0.0023

(n) Guthion

Micrograms/L

< 0.01

< 0.01

< 0.01

< 0.01

(o) Heptachlor

Micrograms/L

< 0.00021 annual avg.; 0.0038 max

< 0.00021 annual avg.; 0.0036 max

< 0.00021 annual avg.; 0.0038 max

< 0.00021 annual avg.; 0.0036 max

(p) Lindane

(g-benzene hexachloride)

Micrograms/L

See Minimum criteria in paragraph 62-302.500(1)

(d), F.A.C.

See Minimum criteria in paragraph 62-302.500(1)(d), F.A.C.

See Minimum criteria in paragraph 62-302.500(1)(d), F.A.C.

See Minimum criteria in paragraph 62-302.500(1)(d), F.A.C.

(q) Malathion

Micrograms/L

< 0.1

< 0.1

< 0.1

< 0.1

(r) Methoxychlor

Micrograms/L

< 0.03

< 0.03

< 0.03

< 0.03

(s) Mirex

Micrograms/L

< 0.001

< 0.001

< 0.001

< 0.001

(t) Parathion

Micrograms/L

< 0.04

< 0.04

< 0.04

< 0.04

(u) Toxaphene

Micrograms/L

< 0.0002

< 0.0002

< 0.0002

< 0.0002

(52)(a) pH (Class I and Class IV Waters)

Standard Units

Shall not vary more than one unit above or below natural background provided that the pH is not lowered to less than 6 units or raised above 8.5 units. If natural background is less than 6 units, the pH shall not vary below natural background or vary more than one unit above natural background. If natural background is higher than 8.5 units, the pH shall not vary above natural background or vary more than one unit below background.

(b) pH (Class II Waters)

Standard Units

Shall not vary more than one unit above or below natural background of coastal waters as defined in paragraph 62-302.520(3)(b), F.A.C., or more than two-tenths unit above or below natural background of open waters as defined in paragraph 62-302.520(3)(f), F.A.C., provided that the pH is not lowered to less than 6.5 units or raised above 8.5 units. If natural background is less than 6.5 units, the pH shall not vary below natural background or vary more than one unit above natural background for coastal waters or more than two-tenths unit above natural background for open waters. If natural background is higher than 8.5 units, the pH shall not vary above natural background or vary more than one unit below natural background of coastal waters or more than two-tenths unit below natural background of open waters.

(c) pH (Class III Waters)

Standard Units

Shall not vary more than one unit above or below natural background of predominantly fresh waters and coastal waters as defined in paragraph 62-302.520(3)(b), F.A.C. or more than two-tenths unit above or below natural background of open waters as defined in paragraph 62-302.520(3)(f), F.A.C., provided that the pH is not lowered to less than 6 units in predominantly fresh waters, or less than 6.5 units in predominantly marine waters, or raised above 8.5 units. If natural background is less than 6 units, in predominantly fresh waters or 6.5 units in predominantly marine waters, the pH shall not vary below natural background or vary more than one unit above natural background of predominantly fresh waters and coastal waters, or more than two-tenths unit above natural background of open waters. If natural background is higher than 8.5 units, the pH shall not vary above natural background or vary more than one unit below natural background of predominantly fresh waters and coastal waters, or more than two-tenths unit below natural background of open waters.

(d) pH (Class V Waters)

Standard Units

Not lower than 5.0 nor greater than 9.5 except certain swamp waters which may be as low as 4.5.

(53)(a) Phenolic Compounds: Total

Phenolic compounds other than those produced by the natural decay of plant material, listed or unlisted, shall not taint the flesh of edible fish or shellfish or produce objectionable taste or odor in a drinking water supply.

(b) Total Chlorinated Phenols and Chlorinated Cresols

Micrograms/L

1. The total of all chlorinated phenols, and chlorinated cresols, except as set forth in subparagraphs (c)1. to (c)4., below, shall not exceed 1.0 unless higher values are shown not to be chronically toxic. Such higher values shall be approved in writing by the Secretary.

2. The compounds listed in subparagraphs (c)1. to (c)6., below, shall not exceed the limits specified for each compound.

3. The total of the following Phenolic compounds shall not exceed 50:

a) Chlorinated phenols;

b) Chlorinated cresols; and

c) 2,4-dinitrophenol.

(c)1. Phenolic Compound: 2-chlorophenol

Micrograms/L

< 120

< 400

See Note (2).

< 400

See Note (2).

< 400

See Note (2).

< 400

See Note (2).

2. Phenolic Compound: 2,4-dichlorophenol

Micrograms/L

< 93

See Note (2).

< 790

See Note (2).

< 790

See Note (2).

< 790

See Note (2).

< 790

See Note (2).

3. Phenolic Compound: Pentachlorophenol

Micrograms/L

< 30 max;

< 0.28 annual avg;

< e(1.005[pH]-5.29)

< 7.9

< 30 max;

< 8.2 annual avg;

< e(1.005[pH]-5.29)

< 7.9

< 30

4. Phenolic Compound: 2,4,6-trichlorophenol

Micrograms/L

< 2.1 annual avg.

< 6.5 annual avg.

< 6.5 annual avg.

< 6.5 annual avg.

< 6.5 annual avg.

5. Phenolic Compound: 2,4-dinitrophenol

Milligrams/L

< 0.0697

See Note (2).

< 14.26

See Note (2).

< 14.26

See Note (2).

< 14.26

See Note (2).

< 14.26

See Note (2).

6. Phenolic Compound: Phenol

Milligrams/L

< 0.3

< 0.3

< 0.3

< 0.3

< 0.3

< 0.3

(54) Phosphorus (Elemental)

Micrograms/L

< 0.1

< 0.1

(55) Phthalate Esters

Micrograms/L

< 3.0

< 3.0

(56) Polychlorinated Biphenyls (PCBs)

Micrograms/L

< 0.000044 annual avg.; 0.014 max

< 0.000045 annual avg.; 0.03 max

< 0.000045 annual avg.; 0.014 max

< 0.000045 annual avg.; 0.03 max

(57)(a) Polycyclic Aromatic Hydrocarbons (PAHs). Total of: Acenaphthylene; Benzo(a)anthracene; Benzo(a)pyrene; Benzo(b)fluoran-thene; Benzo-(ghi)perylene; Benzo(k)fluoranthene; Chrysene; Dibenzo-(a,h)anthracene; Indeno(1,2,3-cd)pyrene; and Phenanthrene

Micrograms/L

< 0.0028 annual avg.

< 0.031 annual avg.

< 0.031annual avg.

< 0.031 annual avg.

(b)1. (Individual PAHs): Acenaphthene

Milligrams/L

< 1.2

See Note (2).

< 2.7

See Note (2).

< 2.7

See Note (2).

< 2.7

See Note (2).

2. (Individual PAHs): Anthracene

Milligrams/L

< 9.6

See Note (2).

< 110

See Note (2).

< 110

See Note (2).

< 110

See Note (2).

3. (Individual PAHs): Fluoranthene

Milligrams/L

< 0.3

See Note (2).

< 0.370

See Note (2).

< 0.370

See Note (2).

< 0.370

See Note (2).

4. (Individual PAHs): Fluorene

Milligrams/L

< 1.3

See Note (2).

< 14

See Note (2).

< 14

See Note (2).

< 14

See Note (2).

5. (Individual PAHs): Pyrene

Milligrams/L

< 0.96

See Note (2).

< 11

See Note (2).

< 11

See Note (2).

< 11

See Note (2).

(58)(a) Radioactive substances (Combined radium 226 and 228)

Picocuries/L

< 5

< 5

< 5

< 5

< 5

< 5

(b) Radioactive substances (Gross alpha particle activity including radium 226, but excluding radon and uranium)

Picocuries/L

< 15

< 15

< 15

< 15

< 15

< 15

(59) Selenium

Micrograms/L

< 5.0

< 71

< 5.0

< 71

(60) Silver

Micrograms/L

See Note (3).

< 0.07

See Minimum criteria in paragraph 62-302.500(1)(c), F.A.C.

< 0.07

See Minimum criteria in paragraph 62-302.500(1)(c), F.A.C.

(61) Specific Conductance (see Conductance, Specific, above)

(62) Substances in concentrations which injure, are chronically toxic to, or produce adverse physiological or behavioral response in humans, plants, or animals

None shall be present.

(63) 1,1,2,2-Tetrachloroethane

Micrograms/L

< 0.17 annual avg.

< 10.8 annual avg.

< 10.8 annual avg.

< 10.8 annual avg.

(64) Tetrachloroethylene (1,1,2,2-tetrachloroethene)

Micrograms/L

< 0.8 annual avg.,

< 3.0 max

< 8.85 annual avg.

< 8.85 annual avg.

< 8.85 annual avg.

(65) Thallium

Micrograms/L

< 1.7

< 6.3

< 6.3

< 6.3

(66) Thermal Criteria (See Rule 62-302.520, F.A.C.)

(67) Total Dissolved Gases

Percent of the saturation value for gases at the existing atmospheric and hydrostatic pressures

< 110% of saturation value

< 110% of saturation value

< 110% of saturation value

< 110% of saturation value

(68) Transparency

Depth of the compensation point within the water column for photosynthetic activity

The annual average value shall not be reduced by more than 10% as compared to the natural background value. Annual average values shall be based on a minimum of three samples, with each sample collected at least three months apart.

The annual average value shall not be reduced by more than 10% as compared to the natural background value. Annual average values shall be based on a minimum of three samples, with each sample collected at least three months apart.

The annual average value shall not be reduced by more than 10% as compared to the natural background value. Annual average values shall be based on a minimum of three samples, with each sample collected at least three months apart.

The annual average value shall not be reduced by more than 10% as compared to the natural background value. Annual average values shall be based on a minimum of three samples, with each sample collected at least three months apart.

(69) Trichloroethylene (trichloroethene)

Micrograms/L

< 2.7 annual avg., < 3.0 max

< 80.7 annual avg.

< 80.7 annual avg.

< 80.7 annual avg.

(70) Turbidity

Nephelometric Turbidity Units (NTU)

< 29 above natural background conditions

< 29 above natural background conditions

< 29 above natural background conditions

< 29 above natural background conditions

< 29 above natural background conditions

< 29 above natural background conditions

(71) Zinc

Micrograms/L

See Notes (1) and (3).

Zn ( e(0.8473[lnH]+0.884)

< 86

Zn ( e(0.8473[lnH]+0.884)

< 86

< 1,000

< 1,000

Notes: (1) “ln H” means the natural logarithm of total hardness expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set at 25 mg/L if actual hardness is < 25 mg/L and set at 400 mg/L if actual hardness is > 400 mg/L. (2) This criterion is protective of human health not of aquatic life. (3) For application of dissolved metals criteria see paragraph 62-302.500(2)(d), F.A.C. (4) Class III-Limited waters have at least one Site Specific Alternative Criterion as established under Rule 62-302.800, F.A.C.

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 1-28-90, Formerly 17-3.065, Amended 2-13-92, 6-17-92, Formerly 17-302.540, 17-302.550, 17-302.560, 17-302.570, 17-302.580, Amended 4-25-93, Formerly 17-302.530, Amended 1-23-95, 1-15-96, 5-15-02, 7-19-04, 12-7-06, 8-5-10, 7-3-12, 8-1-13, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-302.531 Numeric Interpretations of Narrative Nutrient Criteria

(1) The narrative water quality criteria for nutrients in paragraphs 62-302.530(48)(a) and (b), F.A.C., applies to all Class I, Class II, and Class III waters.

(2) The narrative water quality criterion for nutrients in paragraph 62-302.530(48)(b), F.A.C., shall be numerically interpreted for both nutrients and nutrient response variables in a hierarchical manner as follows:

(a) Where a site specific numeric interpretation of the criterion in paragraph 62-302.530(48)(b), F.A.C., has been established by the Department, this numeric interpretation shall be the primary interpretation. If there are multiple interpretations of the narrative criterion for a waterbody, the most recent interpretation established by the Department shall apply. A list of the site specific numeric interpretations of paragraph 62-302.530(48)(b), F.A.C., may be obtained from the Department’s internet site at https://floridadep.gov/dear/water-quality-standards/content/numeric-nutrient-criteria-development or by writing to the Florida Department of Environmental Protection, Water Quality Standards and Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

1. The primary site specific interpretations are as follows:

a. Nutrient Total Maximum Daily Loads (TMDLs) adopted under Chapter 62-304, F.A.C., that are different from existing applicable numeric nutrient criteria in subsection 62-302.531(2), F.A.C., and future notices of proposed rulemaking state that the Department intends for the proposed TMDL rule to also establish a site-specific interpretation of the narrative water quality criterion for nutrients in paragraph 62-302.530(48)(b), F.A.C., for the waterbody for one or more nutrients or nutrient response variables,

b. Site specific alternative criteria (SSAC) for one or more nutrients or nutrient response variables as established under Rule 62-302.800, F.A.C.,

c. Estuary-specific numeric interpretations of the narrative nutrient criterion established in Rule 62-302.532, F.A.C., or

d. Other site specific interpretations for one or more nutrients or nutrient response variables that are formally established by rule or final order by the Department, such as a Reasonable Assurance Demonstration pursuant to Rule 62-303.600, F.A.C., or Level II Water Quality Based Effluent Limitations (WQBEL) established pursuant to Rule 62-650.500, F.A.C. To be recognized as the applicable site specific numeric interpretation of the narrative nutrient criterion, the interpretation must establish the total allowable load or ambient concentration for at least one nutrient that results in attainment of the applicable nutrient response variable that represents achievement of the narrative nutrient criterion for the waterbody. A site specific interpretation is also allowable where there are documented adverse biological effects using one or more Biological Health Assessments, if information on chlorophyll a levels, algal mats or blooms, nuisance macrophyte growth, and changes in algal species composition indicate there are no imbalances in flora and a stressor identification study demonstrates that the adverse biological effects are not due to nutrients.

2. For the primary site specific interpretations in subparagraph 62-302.531(2)(a)1., F.A.C., the notice of rulemaking or other public notice shall state that the Department is establishing a site specific interpretation for the receiving waterbody, and offer an opportunity for a public meeting and public comment.

(b) If site specific numeric interpretations, as described in paragraph 62-302.531(2)(a), F.A.C., above, have not been established for a waterbody, but there is an established, quantifiable cause-and-effect relationship between one or more nutrients and nutrient response variables linked to a value that protects against an imbalance in the natural populations of the aquatic flora or fauna, then the numeric values for the nutrients or nutrient response variables, set forth in this paragraph (2)(b), shall be the applicable interpretations. Absent a numeric interpretation as established in paragraph 62-302.531(2)(a), F.A.C., site specific numeric interpretations are established as follows:

1. For lakes, the applicable numeric interpretations of the narrative nutrient criterion in paragraph 62-302.530(48)(b), F.A.C., for chlorophyll a are shown in the table below. The applicable interpretations for TN and TP will vary on an annual basis, depending on the availability of chlorophyll a data and the concentrations of nutrients and chlorophyll a in the lake, as described below. The applicable numeric interpretations for TN, TP, and chlorophyll a shall not be exceeded more than once in any consecutive three year period.

a. If there are sufficient data to calculate the annual geometric mean chlorophyll a and the mean does not exceed the chlorophyll a value for the lake type in the table below, then the TN and TP numeric interpretations for that calendar year shall be the annual geometric means of lake TN and TP samples, subject to the minimum and maximum limits in the table below. However, for lakes with color ≥ 40 PCU in the West Central Nutrient Watershed Region, the maximum TP limit shall be the 0.49 mg/L TP streams threshold for the region; or

b. If there are insufficient data to calculate the annual geometric mean chlorophyll a for a given year or the annual geometric mean chlorophyll a exceeds the values in the table below for the lake type, then the applicable numeric interpretations for TN and TP shall be the minimum values in the table below.

Long Term Geometric Mean Lake Color and Alkalinity

Annual Geometric Mean Chlorophyll a

Minimum calculated numeric interpretation

Maximum calculated numeric interpretation

Annual Geometric Mean Total

Phosphorus

Annual Geometric Mean Total

Nitrogen

Annual Geometric Mean Total

Phosphorus

Annual Geometric Mean Total

Nitrogen

40 Platinum Cobalt Units

20 µg/L

0.05 mg/L

1.27 mg/L

0.16 mg/L1

2.23 mg/L

≤ 40 Platinum Cobalt Units and > 20 mg/L CaCO3

20 µg/L

0.03 mg/L

1.05 mg/L

0.09 mg/L

1.91 mg/L

≤ 40 Platinum Cobalt Units and ≤ 20 mg/L CaCO3

6 µg/L

0.01 mg/L

0.51 mg/L

0.03 mg/L

0.93 mg/L

1For lakes with color ≥ 40 PCU in the West Central Nutrient Watershed Region, the maximum TP limit shall be the 0.49 mg/L TP streams threshold for the region.

c. For the purpose of subparagraph 62-302.531(2)(b)1., F.A.C., color shall be assessed as true color and shall be free from turbidity. Lake color and alkalinity shall be the long-term geometric mean of all of the data for the period of record, based on a minimum of ten data points over at least three years with at least one data point in each year. If insufficient alkalinity data are available, long-term geometric mean specific conductance values of all of the data for the period of record shall be used, with a value of ≤100 micromhos/cm used to estimate the 20 mg/L CaCO3 alkalinity concentration until such time that alkalinity data are available. Long-term geometric mean specific conductance shall be based on a minimum of ten data points over at least three years with at least one data point in each year.

2. For spring vents, the applicable numeric interpretation of the narrative nutrient criterion in paragraph 62-302.530(48)(b), F.A.C., is 0.35 mg/L of nitrate-nitrite (NO3 + NO2) as an annual geometric mean, not to be exceeded more than once in any three calendar year period.

(c) For streams, if a site specific interpretation pursuant to paragraph 62-302.531(2)(a) or (2)(b), F.A.C., has not been established, biological information shall be used to interpret the narrative nutrient criterion in combination with Nutrient Thresholds. The narrative nutrient criterion in paragraph 62-302.530(48)(b), F.A.C., shall be interpreted as being achieved in a stream segment where information on chlorophyll a levels, algal mats or blooms, nuisance macrophyte growth, and changes in algal species composition indicates there are no imbalances in flora or fauna as described in the document titled “Implementation of Florida’s Numeric Nutrient Standard for Streams, June 2025” (incorporated by reference in subsection 62-302.200(36), F.A.C.), and either:

1. The average score of at least two temporally independent SCIs performed at representative locations and times is 40 or higher, with neither of the two most recent SCI scores less than 35, or

2. The nutrient thresholds set forth in the table below are achieved.

Nutrient Watershed Region

Total Phosphorus Nutrient Threshold1

Total Nitrogen Nutrient Threshold1

Panhandle West

0.06 mg/L

0.67 mg/L

Panhandle East

0.18 mg/L

1.03 mg/L

North Central

0.30 mg/L

1.87 mg/L

Peninsula

0.12 mg/L

1.54 mg/L

West Central

0.49 mg/L

1.65 mg/L

South Florida

No numeric nutrient threshold. The narrative criterion in paragraph 62-302.530(48)(b), F.A.C., applies.

No numeric nutrient threshold. The narrative criterion in paragraph 62-302.530(48)(b), F.A.C., applies.

1These values are annual geometric mean concentrations not to be exceeded more than once in any three calendar year period.

(3) Except for data used to establish historical chlorophyll a levels and estuary-specific numeric interpretations of the narrative nutrient criterion for estuaries in subparagraphs 62-302.532(1)(b)1.-7., F.A.C., chlorophyll a data assessed under this chapter shall be measured according to the requirements as set forth in Chapter 62-160, F.A.C. Chlorophyll a data collected after [7-3-12] shall be corrected for or free from the interference of pheophytin.

(4) The loading of nutrients from a waterbody shall be limited as necessary to provide for the attainment and maintenance of water quality standards in downstream waters.

(5) To qualify as temporally independent samples, each SCI shall be conducted at least three months apart. SCIs collected at the same location less than three months apart shall be considered one sample, with the mean value used to represent the sampling period.

(6) To calculate an annual geometric mean for TN, TP, chlorophyll a, or nitrate-nitrite, there shall be at least four temporally-independent samples per year with at least one sample taken between May 1 and September 30 and at least one sample taken during the other months of the calendar year. To be treated as temporally-independent, samples must be taken at least one week apart.

(7) The numeric interpretation of the narrative nutrient criterion shall be applied over a spatial area consistent with its derivation.

(a) For numeric interpretations based on paragraph 62-302.531(2)(a), F.A.C., the spatial application of the numeric interpretation is as defined in the associated order or rule.

(b) For lakes covered under subparagraph 62-302.531(2)(b)1., F.A.C., the numeric interpretation shall be applied as a lake-wide or lake segment-wide average.

(c) For spring vents covered under subparagraph 62-302.531(2)(b)2., F.A.C., the numeric interpretation shall be applied in the surface water at or above the spring vent.

(d) For streams covered under paragraph 62-302.531(2)(c), F.A.C., the spatial application of the numeric interpretation shall be determined by relative stream homogeneity and shall be applied to waterbody segments or aggregations of segments as determined by the site-specific considerations.

(8) Load-based or percent reduction-based nutrient TMDLs or Level II Water Quality Based Effluent Limitations (WQBELs) pursuant to Chapter 62-650, F.A.C., do not need to be converted into concentration-based nutrient TMDLs or WQBELs to be used as the basis for the numeric interpretation of the narrative criterion. For percent reduction-based nutrient TMDLs, the associated allowable load or concentration is the numeric interpretation of the narrative criterion for the waterbody.

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021, 403.061, 403.067, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 7-3-12, Amended 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-302.532 Estuary-Specific Numeric Interpretations of the Narrative Nutrient Criterion

(1) Estuary-specific numeric interpretations of the narrative nutrient criterion in paragraph 62-302.530(48)(b), F.A.C., are in the table below. The concentration-based estuary interpretations are open water, area-wide averages. Numeric values listed below for nutrient and nutrient response values do not apply to wetlands or to tidal tributaries that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions unless specifically provided by name below. The interpretations expressed as load per million cubic meters of freshwater inflow are the total load of that nutrient to the estuary divided by the total volume of freshwater inflow to that estuary. The numeric values listed below will be superseded if, pursuant to subsection 62-302.531(2), F.A.C., a more recent numeric interpretation of the narrative nutrient criterion in paragraph 62-302.530(48)(b), F.A.C., such as a Level II Water Quality Based Effluent Limitation (WQBEL), Site Specific Alternative Criterion (SSAC), Total Maximum Daily Load (TMDL), or Reasonable Assurance Demonstration, is established by the Department.

Estuary

Total Phosphorus

Total Nitrogen

Chlorophyll a

(a) Clearwater Harbor/St. Joseph Sound

Criteria expressed as annual geometric mean (AGM) values are not to be exceeded more than once in a three year period. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.

1. St. Joseph Sound

0.05 mg/L as AGM

0.66 mg/L as AGM

3.1 µg/L as AGM

2. Clearwater North

0.05 mg/L as AGM

0.61 mg/L as AGM

5.4 µg/L as AGM

3. Clearwater South

0.06 mg/L as AGM

0.58 mg/L as AGM

7.6 µg/L as AGM

(b) Tampa Bay

Criteria expressed as ton/million cubic meters of water are annual totals and are not to be exceeded more than once in a three year period. Criteria expressed as annual means are arithmetic means and are not to be exceeded more than once in a three year period. For criteria expressed as the long-term average of annual means, the long-term average shall be based on data from the most recent seven-year period and shall not be exceeded. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions. The chlorophyll criterion for the segments in subparagraphs 62-302.532(1)(b)1.-7., F.A.C., are assessed using uncorrected chlorophyll a data consistent with the criteria derivation.

1. Old Tampa Bay

0.23 tons/million cubic meters of water

1.08 tons/million cubic meters of water

9.3 µg/L as annual mean

2. Hillsborough Bay

1.28 tons/million cubic meters of water

1.62 tons/million cubic meters of water

15.0 µg/L as annual mean

3. Middle Tampa Bay

0.24 tons/million cubic meters of water

1.24 tons/million cubic meters of water

8.5 µg/L as annual mean

4. Lower Tampa Bay

0.14 tons/million cubic meters of water

0.97 tons/million cubic meters of water

5.1 µg/L as annual mean

5. Boca Ciega North

0.18 tons/million cubic meters of water

1.54 tons/million cubic meters of water

8.3 µg/L as annual mean

6. Boca Ciega South

0.06 tons/million cubic meters of water

0.97 tons/million cubic meters of water

6.3 µg/L as annual mean

7. Terra Ceia Bay

0.14 tons/million cubic meters of water

1.10 tons/million cubic meters of water

8.7 µg/L as annual mean

8. Manatee River Estuary

0.37 tons/million cubic meters of water

1.80 tons/million cubic meters of water

8.8 µg/L as annual mean

9. Alafia River Estuary

0.86 mg/L as long-term average of annual means

See subsection 62-304.605(2), F.A.C.

15.0 µg/L as annual mean

(c) Sarasota Bay

Criteria expressed as annual geometric mean (AGM) values for nutrients and annual arithmetic means for chlorophyll a are not to be exceeded more than once in a three year period. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.

1. Palma Sola Bay

0.26 mg/L as AGM

0.93 mg/L as AGM

11.8 µg/L as annual mean

2. Sarasota Bay (Total Phosphorus and Chlorophyll a)

0.19 mg/L as AGM

See paragraph 62-302.532(1)(i), F.A.C.

6.1 µg/L as annual mean

3. Roberts Bay

0.23 mg/L as AGM

0.54 mg/L as AGM

11.0 µg/L as annual mean

4. Little Sarasota Bay

0.21 mg/L as AGM

0.60 mg/L as AGM

10.4 µg/L as annual mean

5. Blackburn Bay

0.21 mg/L as AGM

0.43 mg/L as AGM

8.2 µg/L as annual mean

(d) Charlotte Harbor/Estero Bay

Criteria expressed as annual means are arithmetic means and are not to be exceeded more than once in a three year period. For criteria expressed as long-term averages, the long-term average shall be based on data from the most recent seven-year period and shall not be exceeded. Criteria expressed as annual geometric means (AGM) are not be exceeded more than once in a three year period. For criteria expressed as not to be exceeded in more than 10 percent of the samples, the criteria shall be assessed over the most recent seven year period. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.

1. Dona and Roberts Bay

0.18 mg/L as annual mean

0.42 mg/L as annual mean

4.9 µg/L as annual mean

2. Upper Lemon Bay

0.26 mg/L as annual mean

0.56 mg/L as annual mean

8.9 µg/L as annual mean

3. Lower Lemon Bay

0.17 mg/L as annual mean

0.62 mg/L as annual mean

6.1 µg/L as annual mean

4. Charlotte Harbor Proper

0.19 mg/L as annual mean

0.67 mg/L as annual mean

6.1 µg/L as annual mean

5. Pine Island Sound

0.06 mg/L as annual mean

0.57 mg/L as annual mean

6.5 µg/L as annual mean

6. San Carlos Bay

0.045 mg/L as long-term average

0.44 mg/L as long-term average

3.7 µg/L as long-term average

7. Tidal Myakka River

0.31 mg/L as annual mean

1.02 mg/L as annual mean

11.7 µg/L as annual mean

8. Tidal Peace River

0.50 mg/L as annual mean

1.08 mg/L as annual mean

12.6 µg/L as annual mean

9. Matlacha Pass

0.08 mg/L as annual mean

0.58 mg/L as annual mean

6.1 µg/L as annual mean

10. Estero Bay (including Tidal Imperial River)

0.07 mg/L as annual mean

0.63 mg/L as annual mean

5.9 µg/L as annual mean

11. Little Hickory Bay

0.070 mg/L as AGM

0.63 mg/L as AGM

5.9 µg/L as AGM

12. Water Turkey Bay

0.057 mg/L as AGM

0.47 mg/L as AGM

5.8 µg/L as AGM

13. Moorings Bay

0.040 mg/L, not to be exceeded in more than ten percent of the samples

0.85 mg/L, not to be exceeded in more than ten percent of the samples

8.1 µg/L as AGM

14. Upper Caloosahatchee River Estuary

0.086 mg/L as long-term average

See subsection 62-304.800(2), F.A.C.

4.2 µg/L as long-term average

15. Middle Caloosahatchee River Estuary

0.055 mg/L as long-term average

See subsection 62-304.800(2), F.A.C.

6.5 µg/L as long-term average

16. Lower Caloosahatchee River Estuary

0.040 mg/L as long-term average

See subsection 62-304.800(2), F.A.C.

5.6 µg/L as long-term average

(e) Tidal Cocohatchee River/Ten Thousand Islands

Criteria expressed as annual geometric means (AGM) not to be exceeded more than once in a three year period.

1. Tidal Cocohatchee River

0.057 mg/L as AGM

0.47 mg/L as AGM

5.8 µg/L as AGM

2. Collier Inshore

0.032 mg/L as AGM

0.25 mg/L as AGM

3.1 µg/L as AGM

3. Rookery Bay/Marco Island

0.046 mg/L as AGM

0.30 mg/L as AGM

4.9 µg/L as AGM

4. Naples Bay

0.045 mg/L as AGM

0.57 mg/L as AGM

4.3 µg/L as AGM

5. Inner Gulf Shelf

0.018 mg/L as AGM

0.29 mg/L as AGM

1.6 µg/L as AGM

6. Middle Gulf Shelf

0.016 mg/L as AGM

0.26 mg/L as AGM

1.4 µg/L as AGM

7. Outer Gulf Shelf

0.013 mg/L as AGM

0.22 mg/L as AGM

1.0 µg/L as AGM

8. Blackwater River

0.053 mg/L as AGM

0.41 mg/L as AGM

4.1 µg/L as AGM

9. Coastal Transition Zone

0.034 mg/L as AGM

0.61 mg/L as AGM

3.9 µg/L as AGM

10. Gulf Islands

0.038 mg/L as AGM

0.44 mg/L as AGM

3.4 µg/L as AGM

11. Inner Waterway

0.033 mg/L as AGM

0.69 mg/L as AGM

5.2 µg/L as AGM

12. Mangrove Rivers

0.021 mg/L as AGM

0.71 mg/L as AGM

3.7 µg/L as AGM

13. Ponce de Leon

0.024 mg/L as AGM

0.52 mg/L as AGM

3.0 µg/L as AGM

14. Shark River Mouth

0.022 mg/L as AGM

0.75 mg/L as AGM

2.2 µg/L as AGM

15. Whitewater Bay

0.026 mg/L as AGM

0.82 mg/L as AGM

4.1 µg/L as AGM

(f) Florida Bay

Criteria expressed as annual geometric means (AGM) are not to be exceeded more than once in a three year period.

1. Central Florida Bay

0.019 mg/L as AGM

0.99 mg/L as AGM

2.2 µg/L as AGM

2. Coastal Lakes

0.045 mg/L as AGM

1.29 mg/L as AGM

9.3 µg/L as AGM

3. East Central Florida Bay

0.007 mg/L as AGM

0.65 mg/L as AGM

0.4 µg/L as AGM

4. Northern Florida Bay

0.010 mg/L as AGM

0.68 mg/L as AGM

0.8 µg/L as AGM

5. Southern Florida Bay

0.009 mg/L as AGM

0.64 mg/L as AGM

0.8 µg/L as AGM

6. Western Florida Bay

0.015 mg/L as AGM

0.37 mg/L as AGM

1.4 µg/L as AGM

(g) Florida Keys

Criteria expressed as annual geometric means (AGM) are not to be exceeded more than once in a three year period.

1. Back Bay

0.009 mg/L as AGM

0.25 mg/L as AGM

0.3 µg/L as AGM

2. Backshelf

0.011 mg/L as AGM

0.23 mg/L as AGM

0.7 µg/L as AGM

3. Lower Keys

0.008 mg/L as AGM

0.21 mg/L as AGM

0.3 µg/L as AGM

4. Marquesas

0.008 mg/L as AGM

0.21 mg/L as AGM

0.6 µg/L as AGM

5. Middle Keys

0.007 mg/L as AGM

0.22 mg/L as AGM

0.3 µg/L as AGM

6. Oceanside

0.007 mg/L as AGM

0.17 mg/L as AGM

0.3 µg/L as AGM

7. Upper Keys

0.007 mg/L as AGM

0.18 mg/L as AGM

0.2 µg/L as AGM

(h) Biscayne Bay

Criteria expressed as annual geometric means (AGM) are not to be exceeded more than once in a three year period.

1. Card Sound

0.008 mg/L as AGM

0.33 mg/L as AGM

0.5 µg/L as AGM

2. Manatee Bay – Barnes Sound

0.007 mg/L as AGM

0.58 mg/L as AGM

0.4 µg/L as AGM

3. North Central Inshore

0.007 mg/L as AGM

0.31 mg/L as AGM

0.5 µg/L as AGM

4. North Central Outer-Bay

0.008 mg/L as AGM

0.28 mg/L as AGM

0.7 µg/L as AGM

5. Northern North Bay

0.012 mg/L as AGM

0.30 mg/L as AGM

1.7 µg/L as AGM

6. South Central Inshore

0.007 mg/L as AGM

0.48 mg/L as AGM

0.4 µg/L as AGM

7. South Central Mid-Bay

0.007 mg/L

0.35 mg/L as AGM

0.2 µg/L as AGM

8. South Central Outer-Bay

0.006 mg/L as AGM

0.24 mg/L as AGM

0.2 µg/L as AGM

9. Southern North Bay

0.010 mg/L as AGM

0.29 mg/L as AGM

1.1 µg/L as AGM

(i) Sarasota Bay

For TN, the annual geometric mean target is calculated from monthly arithmetic mean color by region and season. Annual geometric means shall not be exceeded more than once in a three year period. The Sarasota Bay regions are defined as north (Manatee County) and south (Sarasota County). The wet season for Sarasota Bay is defined as July through October and the dry season is defined as all other months of the year. The seasonal region values used to calculate the annual geometric mean target are calculated using monthly color data and shall be calculated as follows:

NWi=Ln[(13.35-(0.32*CNi))/3.58]

NDi=Ln[(10.39-(0.32*CNi))/3.58]

SWi=Ln[(8.51-(0.32*CSi))/3.58]

SDi=Ln[(5.55-(0.32*CSi))/3.58]

Where,

NWi is the TN value for ith month calculated for the north region during the wet season

NDi is the TN value for ith month calculated for the north region during the dry season

SWi is the TN value for ith month calculated for the south region during the wet season

SDi is the TN value for ith month calculated for the south region during the dry season

CNi is the arithmetic mean color during the ith month within the north region

During the wet season, CNi shall be set to 41 PCU if the monthly arithmetic mean color is greater than 41 PCU

During the dry season, CNi shall be set to 32 PCU if the monthly arithmetic mean color is greater than 32 PCU

CSi is the arithmetic mean color during the ith month within the south region

During the wet season, CSi shall be set to 26 PCU if the monthly arithmetic mean color is greater than 26 PCU

During the dry season, CSi shall be set to 16 PCU if the monthly arithmetic mean color is greater than 16 PCU

The annual TN target is calculated as the geometric mean of all monthly regional and season values as follows:

Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.

(j) Clam Bay (Collier County)

No more than 10 percent of the individual Total Phosphorus (TP) or Total Nitrogen (TN) measurements shall exceed the respective TP Upper Limit or TN Upper Limit.

TP Upper Limit (mg/L) = e(-1.06256- 0.0000328465*specific conductance (µS/cm))

TN Upper Limit (mg/L) = 2.3601 – 0.0000268325*specific conductance (µS/cm)

(k) Perdido Bay

Criteria expressed as annual geometric means (AGM) are not to be exceeded more than once in a three year period. For all other bay segments, the criteria shall not be exceeded in more than 10 percent of the measurements and shall be assessed over the most recent seven year period. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.

1. Big Lagoon

0.036 mg/L as AGM

0.61 mg/L as AGM

6.4 µg/L

2. Upper Perdido Bay

0.102 mg/L

1.27 mg/L

11.5 µg/L

3. Central Perdido Bay

0.103 mg/L

0.97 mg/L

7.5 µg/L

4. Lower Perdido Bay

0.110 mg/L

0.78 mg/L

6.9 µg/L

(l) Pensacola Bay

For bay segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For criteria expressed as the long-term average of annual means, the long-term average shall be based on data from the most recent seven-year period and shall not be exceeded. For all other bay segments, the criteria shall not be exceeded in more than 10 percent of the measurements. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.

1. Lower Escambia Bay

0.076 mg/L

0.56 mg/L as AGM

6.8 µg/L as AGM

2. East Bay

0.084 mg/L

0.83 mg/L

4.0 µg/L as AGM

3. Upper Pensacola Bay

0.084 mg/L

0.77 mg/L

6.0 µg/L as AGM

4. Lower Pensacola Bay

0.024 mg/L as AGM

0.48 mg/L as AGM

3.9 µg/L as AGM

5. Santa Rosa Sound

0.022 mg/L as AGM

0.41 mg/L as AGM

3.4 µg/L as AGM

6. Blackwater Bay

0.082 mg/L

0.61 mg/L

11.3 µg/L

7. Upper Escambia Bay and Judges Bayou

See subsection 62-304.330(10), F.A.C.

See subsection 62-304.330(10), F.A.C.

7.4 µg/L as long-term average of annual means

(m) Choctawhatchee Bay

For bay segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other bay segments, the criteria shall not be exceeded in more than 10 percent of the measurements. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.

1. Alaqua Bayou

0.027 mg/L as AGM

0.41 mg/L as AGM

4.0 µg/L as AGM

2. Basin Bayou

0.019 mg/L as AGM

0.31 mg/L as AGM

4.7 µg/L

3. Boggy Bayou

0.015 mg/L as AGM

0.33 mg/L as AGM

3.0 µg/L as AGM

4. East Bay

0.027 mg/L as AGM

0.46 mg/L as AGM

4.4 µg/L as AGM

5. Garnier Bayou

0.017 mg/L as AGM

0.91 mg/L as AGM

4.0 µg/L as AGM

6. LaGrange Bayou

0.029 mg/L as AGM

0.58 mg/L as AGM

5.1 µg/L as AGM

7. Middle Bay

0.020 mg/L as AGM

0.36 mg/L as AGM

3.1 µg/L as AGM

8. Rocky Bayou

0.016 mg/L as AGM

0.33 mg/L as AGM

3.1 µg/L as AGM

9. West Bay

0.049 mg/L as AGM

0.54 mg/L as AGM

4.1 µg/L as AGM

(n) St. Andrew Bay

Criteria for all bay segments are expressed as annual geometric mean (AGM) values not to be exceeded more than once in a three year period. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.

1. East Bay

0.016 mg/L as AGM

0.33 mg/L as AGM

3.9 µg/L as AGM

2. North Bay

0.014 mg/L as AGM

0.28 mg/L as AGM

3.1 µg/L as AGM

3. St. Andrew Bay

0.019 mg/L as AGM

0.34 mg/L as AGM

3.7 µg/L as AGM

4. West Bay

0.017 mg/L as AGM

0.35 mg/L as AGM

3.8 µg/L as AGM

5. Crooked Island Sound

0.019 mg/L as AGM

0.34 mg/L as AGM

3.7 µg/L as AGM

(o) St. Joseph Bay

Criteria for all bay segments are expressed as annual geometric mean (AGM) values not to be exceeded more than once in a three year period. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.

St. Joseph Bay

0.021 mg/L as AGM

0.34 mg/L as AGM

3.8 µg/L as AGM

(p) Apalachicola Bay and Alligator Harbor

For bay segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other bay segments, the criteria shall not be exceeded in more than 10 percent of the measurements and shall be assessed over the most recent seven year period. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.

1. Apalachicola Bay

0.063 mg/L as AGM

0.84 mg/L as AGM

8.4 µg/L as AGM

2. St. George Sound

0.083 mg/L

0.92 mg/L

6.1 µg/L as AGM

3. East Bay

0.101 mg/L

1.12 mg/L

9.7 µg/L as AGM

4. St. Vincent Sound

0.116 mg/L

1.10 mg/L

17.4 µg/L

5. Apalachicola Offshore

0.032 mg/L

0.57 mg/L

8.2 µg/L

6. Alligator Habor

0.028 mg/L as AGM

0.42 mg/L as AGM

6.0 µg/L as AGM

Estuary

Total Phosphorus

Total Nitrogen

Chlorophyll a

(q) Loxahatchee River Estuary

For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other estuary segments, the criteria shall not be exceeded in more than 10 percent of the measurements and shall be assessed over the most recent seven year period.

1. Lower Loxahatchee

0.032 mg/L as AGM

0.63 mg/L as AGM

1.8 μg/L as AGM

2. Middle Loxahatchee

0.030 mg/L as AGM

0.80 mg/L as AGM

4.0 μg/L as AGM

3. Upper Loxahatchee

0.075 mg/L as AGM

1.26 mg/L as AGM

5.5 μg/L as AGM

4. Loxahatchee River Estuary (Southwest Fork)

0.075 mg/L as AGM

1.26 mg/L as AGM

5.5 μg/L as AGM

(r) Lake Worth Lagoon

For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other estuary segments, the criteria shall not be exceeded in more than 10 percent of the measurements.

1. Northern Lake Worth Lagoon

0.044 mg/L as AGM

0.54 mg/L as AGM

2.9 μg/L as AGM

2. Central Lake Worth Lagoon

0.049 mg/L as AGM

0.66 mg/L as AGM

10.2 μg/L

3. Southern Lake Worth Lagoon

0.050 mg/L as AGM

0.59 mg/L as AGM

5.7 μg/L as AGM

(s) Halifax River Estuary and Tomoka River Estuary

For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. Criteria expressed as annual means are not to be exceeded in any year.

1. Lower Halifax River Estuary

0.142 mg/L as AGM

0.72 mg/L as AGM

6.2 µg/L as AGM

2. Upper Halifax River Estuary

See subsection 62-304.435(5), F.A.C.

See subsection 62-304.435(5), F.A.C.

9.0 µg/L as annual mean

3. Tomoka River Estuary

0.132 mg/L as AGM

1.24 mg/L as AGM

7.2 µg/L as AGM

4. Tomoka Basin

0.105 mg/L as AGM

1.20 mg/L as AGM

7.1 µg/L as AGM

(t) Guana River/Tolomato River/Matanzas River (GTM) Estuary

Criteria for all estuary segments are expressed as annual geometric mean values (AGM) not to be exceeded more than once in a three year period.

1. Tolomato

0.105 mg/L as AGM

0.65 mg/L as AGM

6.6 μg/L as AGM

2. North Matanzas

0.110 mg/L as AGM

0.55 mg/L as AGM

4.0 μg/L as AGM

3. South Matanzas

0.111 mg/L as AGM

0.53 mg/L as AGM

5.5 μg/L as AGM

4. Pellicer Creek Estuary

0.123 mg/L as AGM

1.10 mg/L as AGM

4.3 µg/L as AGM

(u) Nassau River Estuary

For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other estuary segments, the criteria shall not be exceeded in more than 10 percent of the measurements.

1. Ft. George River Estuary

0.107 mg/L as AGM

0.60 mg/L as AGM

5.9 μg/L as AGM

2. Lower Nassau

0.107 mg/L as AGM

0.80mg/L as AGM

17.5 μg/L

3. Middle Nassau

0.137 mg/L as AGM

0.83 mg/L as AGM

17.1 μg/L

4. Upper Nassau

0.191 mg/L as AGM

1.29 mg/L as AGM

4.7 μg/L as AGM

(v) Suwannee, Waccasassa, and Withlacoochee River Estuaries

For estuary segments with criteria expressed as single value annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For estuary segments with criteria expressed as a salinity dependent equation, the annual nutrient criteria are expressed as annual geometric means applied to individual monitoring stations by solving the applicable equation below using the annual arithmetic average salinity (AASal) in parts per thousand (ppt) for the station. The AASal shall be calculated as the annual mean of the salinity measurements for each station made in conjunction with the collection of the nutrient samples. For criteria expressed as a salinity dependent equation, no more than 10 percent of the monitoring stations within the segment shall exceed the limit (expressed as AGM) on an annual basis, more than once in a three year period.

1. Suwannee Offshore

TP as AGM =

-0.0035*AASal + 0.1402

TN as AGM =

-0.0328*AASal + 1.4177

5.7 µg/L as AGM

2. Waccasassa Offshore

0.063 mg/L as AGM

0.69 mg/L as AGM

5.6 µg/L as AGM

3. Withlacoochee Offshore

TP as AGM =

-0.0021*AASal + 0.0942

TN as AGM =

-0.0183*AASal + 0.9720

4.9 µg/L as AGM

(w) Springs Coast (Crystal River to Anclote River)

For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period.

1. Anclote Offshore

0.014 mg/L as AGM

0.42 mg/L as AGM

1.7 μg/L as AGM

2. Anclote River Estuary

0.063 mg/L as AGM

0.65 mg/L as AGM

3.8 μg/L as AGM

3. Aripeka and Hudson Offshore

0.008 mg/L as AGM

0.45 mg/L as AGM

0.8 μg/L as AGM

4. Chassahowitzka NWR

0.015 mg/L as AGM

0.55 mg/L as AGM

2.0 μg/L as AGM

5. Chassahowitzka Offshore

0.011 mg/L as AGM

0.46 mg/L as AGM

1.5 μg/L as AGM

6. Chassahowitzka River Estuary

0.021 mg/L as AGM

0.44 mg/L as AGM

3.9 μg/L as AGM

7. Crystal Offshore

0.034 mg/L as AGM

0.40 mg/L as AGM

2.4 μg/L as AGM

8. Crystal River Estuary

0.047 mg/L as AGM

0.37 mg/L as AGM

4.4 μg/L as AGM

9. Homosassa Offshore

0.012 mg/L as AGM

0.46 mg/L as AGM

1.3 μg/L as AGM

10. Homosassa River Estuary

0.028 mg/L as AGM

0.51 mg/L as AGM

7.7 μg/L as AGM

11. Pithlachascotee Offshore

0.010 mg/L as AGM

0.47 mg/L as AGM

1.0 μg/L as AGM

12. Pithlachascotee River Estuary

0.034 mg/L as AGM

0.65 mg/L as AGM

4.0 μg/L as AGM

13. St. Martins Marsh

0.031 mg/L as AGM

0.51 mg/L as AGM

3.2 μg/L as AGM

14. Weeki Wachee Offshore

0.017 mg/L as AGM

0.54 mg/L as AGM

1.2 μg/L as AGM

15. Weeki Wachee River Estuary

0.019 mg/L as AGM

0.60 mg/L as AGM

1.9 μg/L as AGM

16. Anclote Bayou

0.063 mg/L as AGM

0.65 mg/L as AGM

3.8 µg/L as AGM

17. Kings Bay

See subsection 62-304.645(17), F.A.C.

See subsection 62-304.645(17), F.A.C.

5.7 µg/L as AGM

(x) Big Bend and Apalachee Bay

For bay segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other bay segments, the criteria shall not be exceeded in more than 10 percent of the measurements and shall be assessed over the most recent seven year period. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.

1. Ochlockonee River Estuary

0.067 mg/L

0.86 mg/L

9.2 µg/L

2. Ochlockonee/Alligator Harbor Offshore

0.032 mg/L

0.57 mg/L

8.2 µg/L

3. St. Marks River Estuary

0.044 mg/L

0.70 mg/L

6.0 µg/L

4. St. Marks Offshore (includes Oyster and Dickerson Bays)

0.045 mg/L

0.63 mg/L

8.0 µg/L

5. Aucilla River Estuary

0.080 mg/L

0.89 mg/L

2.2 µg/L

6. Aucilla Offshore

0.025 mg/L

0.60 mg/L

9.5 µg/L

7. Econfina River Estuary

0.101 mg/L as AGM

1.14 mg/L as AGM

4.9 µg/L as AGM

8. Econfina Offshore

0.042 mg/L as AGM

0.65 mg/L as AGM

3.7 µg/L as AGM

9. Fenholloway River Estuary

839 lbs/day, as an annual average, based on Level II WQBEL

5,573 lbs/day, as an annual average, based on Level II WQBEL

4.6 µg/L as AGM

10. Fenholloway Offshore

0.059 mg/L as AGM

0.68 mg/L as AGM

4.1 µg/L as AGM

11. Spring Warrior Offshore

0.047 mg/L

0.67 mg/L

8.3 µg/L

12. Steinhatchee River Estuary

0.062 mg/L as AGM

0.86 mg/L as AGM

3.9 µg/L as AGM

13. Steinhatchee Offshore

0.021 mg/L as AGM

0.45 mg/L as AGM

3.3 µg/L as AGM

14. Horseshoe Beach Offshore

0.021 mg/L as AGM

0.45 mg/L as AGM

3.3 µg/L as AGM

15. Cedar Key

0.060 mg/L as AGM

0.79 mg/L as AGM

10.9 µg/L as AGM

(y) Intracoastal Waterway (ICWW)

For ICWW segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. Criteria expressed as kg/year and annual means are not to be exceeded in any year. For all other ICWW segments, the criteria shall not be exceeded in more than 10 percent of the measurements and shall be assessed over the most recent seven year period.

1. Gulf ICWW between Choctawhatchee Bay and St. Andrew Bay

0.108 mg/L

1.13 mg/L

6.6 µg/L

2. Gulf ICWW between St. Andrew Bay and St. Joseph Bay

0.108 mg/L

1.13 mg/L

6.6 µg/L

3. ICWW between Roberts Bay and Lemon Bay

0.253 mg/L as AGM

0.59 mg/L as AGM

4.0 µg/L as AGM

4. Central Broward County ICWW

0.045 mg/L as AGM

0.80 mg/L as AGM

2.7 µg/L as AGM

5. North Broward County ICWW

0.059 mg/L as AGM

0.79 mg/L as AGM

3.0 µg/L as AGM

6. North Central Broward County ICWW

0.048 mg/L as AGM

0.88 mg/L as AGM

3.3 µg/L as AGM

7. South Broward County ICWW

0.043 mg/L as AGM

0.70 mg/L as AGM

2.0 µg/L as AGM

8. Palm Beach County ICWW

0.146 mg/L

1.17 mg/L

13.4 µg/L

9. ICWW between North Lake Worth Lagoon and Lower Loxahatchee River

0.035 mg/L as AGM

0.66 mg/L as AGM

4.7 µg/L as AGM

10. ICWW Palm Coast

73,142 kg/year

798,913 kg/year

4.5 µg/L as annual mean

11. ICWW from North Tolomato River to St. Johns River

0.191 mg/L as AGM

1.27 mg/L

10.2 µg/L

(z) St. Lucie Estuary

For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For criteria expressed as long-term averages, the long-term average shall be based on data from the most recent seven-year period and shall not be exceeded.

1. St. Lucie Estuary

See subsection 62-304.705(1), F.A.C.

See subsection 62-304.705(1), F.A.C.

5.9 µg/L as AGM

2. Upper North Fork St. Lucie River

See subsection 62-304.705(2), F.A.C.

See subsection 62-304.705(2), F.A.C.

6.7 µg/L as AGM

3. Lower North Fork St. Lucie River

See subsection 62-304.705(3), F.A.C.

See subsection 62-304.705(3), F.A.C.

7.4 µg/L as AGM

4. Lower South Fork St. Lucie River

See subsection 62-304.705(6), F.A.C.

See subsection 62-304.705(6), F.A.C.

6.7 µg/L as AGM

5. Upper South Fork St. Lucie River

See subsection 62-304.705(7), F.A.C.

See subsection 62-304.705(7), F.A.C.

5.0 µg/L as AGM

6. Manatee Creek

0.081 mg/L as long-term average

0.72 mg/L as long-term average

5.9 µg/L as AGM

(aa) Indian River Lagoon, Banana River Lagoon, and Mosquito Lagoon

For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other estuary segments, the criteria shall not be exceeded in more than 10 percent of the measurements and shall be assessed over the most recent seven year period.

1. Indian River Lagoon between Loxahatchee River up to and including Hobe Sound

0.021 mg/L as AGM

0.49 mg/L as AGM

2.0 µg/L as AGM

2. Indian River Lagoon between Hobe Sound and St. Lucie

0.060 mg/L as AGM

0.63 mg/L as AGM

6.9 µg/L

3. Indian River Lagoon from St. Lucie Estuary to Ft. Pierce Inlet

0.070 mg/L as AGM

0.72 mg/L as AGM

4.7 µg/L as AGM

4. Indian River Lagoon from Ft. Pierce Inlet to Indian River County Line

0.070 mg/L as AGM

0.72 mg/L as AGM

4.7 µg/L as AGM

5. Central Indian River Lagoon

See subsections 62-304.520(7) and (8), F.A.C.

See subsections 62-304.520(7) and (8), F.A.C.

5.9 µg/L as AGM

6. North Indian River Lagoon

See subsections 62-304.520(3)-(6), F.A.C.

See subsections 62-304.520(3)-(6), F.A.C.

6.4 µg/L as AGM

7. Sebastian River Estuary

63,991 pounds/year, not to be exceeded in any year

323,382 pounds/year, not to be exceeded in any year

5.9 µg/L as AGM

8. Banana River Lagoon

See subsections 62-304.520(9) and (10), F.A.C.

See subsections 62-304.520(9) and (10), F.A.C.

7.3 µg/L as AGM

9. Newfound Harbor

See subsection 62-304.520(11), F.A.C.

See subsection 62-304.520(11), F.A.C.

7.3 µg/L as AGM

10. Sykes Creek Estuary

See subsection 62-304.520(13), F.A.C.

See subsection 62-304.520(13), F.A.C.

7.3 µg/L as AGM

11. Mosquito Lagoon: Oak Hill to the Southern Terminus

0.034 mg/L as AGM

1.14 mg/L as AGM

2.5 µg/L as AGM

12. Mosquito Lagoon: Edgewater to Oak Hill

0.048 mg/L as AGM

0.65 mg/L as AGM

3.4 µg/L as AGM

13. Mosquito Lagoon: Ponce de Leon to Edgewater

0.049 mg/L as AGM

0.51 mg/L as AGM

4.0 µg/L as AGM

(bb) Lower St. Johns River and Tributaries (predominantly marine)

For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For criteria expressed as the long-term average of annual means, the long-term average shall be based on data from the most recent seven-year period and shall not be exceeded.

Lower St. Johns River and Tributaries (predominantly marine)

722,834 kilograms/year

See subsection 62-304.415(2), F.A.C.

5.4 µg/L as long-term average of annual means

(cc) St. Marys River

For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other estuary segments, the criteria shall not be exceeded in more than 10 percent of the measurements and shall be assessed over the most recent seven year period.

1. Lower St. Marys River

0.181 mg/L

0.77 mg/L as AGM

12.9 µg/L

2. Middle St. Marys River

0.113 mg/L as AGM

1.12 mg/L as AGM

8.0 µg/L

3. Upper St. Marys River

0.093 mg/L as AGM

1.35 mg/L as AGM

3.0 µg/L as AGM

(2) Criteria for chlorophyll a in open ocean coastal waters, derived from satellite remote sensing techniques, are provided in the table below. In each coastal segment specified in the “Map of Florida Coastal Segments, November 2018,” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18132), which is incorporated by reference herein, the Annual Geometric Mean remotely sensed chlorophyll a value, calculated excluding Karenia brevis blooms (≥50,000 cells/L), shall not be exceeded more than once in a three year period. Copies of the map may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400. The annual geometric means provided in the table below are based on measurements using the SeaWiFS satellite. Achievement of these criteria shall be assessed only by using satellite remote sensing data that are processed in a manner consistent with the derivation of the criteria. Data selection and preparation shall be consistent with the process described in Section 1.4.3 and Section 1.4.4, pages 14 through 17, in the report titled “Technical Support Document for U.S. EPA’s Proposed Rule for Numeric Nutrient Criteria for Florida’s Estuaries, Coastal Waters, and South Florida Inland Flowing Waters, Volume 2: Coastal Waters,” U.S. Environmental Protection Agency, November 30, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03018), the specified pages of which are incorporated by reference herein. If MODIS or MERIS satellite data are used, the data shall be normalized using the standardization factors provided in the table below, consistent with the process described in Section 1.6.3, pages 26 through 33 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03019), in the above referenced EPA document, the specified pages of which are incorporated herein. A copy of the Map of Florida Coastal Segments and the referenced pages from EPA’s document above are available by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

Coastal Segment

Annual Geometric Mean Remotely Sensed Chlorophyll a

MODIS Standardization Factor

MERIS Standardization Factor

1

2.45

0.54

-0.71

2

2.65

0.99

-0.07

3

1.48

0.41

-0.22

4

1.20

0.26

-0.30

5

1.09

0.15

-0.28

6

1.07

0.29

-0.01

7

1.17

0.33

-0.02

8

1.27

0.38

-0.05

9

1.09

0.20

-0.07

10

1.13

0.41

-0.07

11

1.14

0.31

-0.05

12

1.21

0.41

-0.05

13

1.53

0.50

-0.13

14

1.80

0.69

0.01

15

2.80

0.68

0.58

16

2.49

-0.14

0.27

17

3.57

0.08

1.41

18

5.62

0.50

0.03

19

4.90

0.50

0.31

20

4.33

-0.02

-0.69

21

4.06

-0.63

-1.09

22

4.54

-0.46

-0.17

23

3.40

-1.21

-0.67

24

3.41

-2.37

0.01

25

3.11

-2.84

0.05

26

3.00

-4.16

-0.36

27

3.05

-1.77

-0.81

28

3.41

-2.13

-0.61

29

4.55

-0.83

-0.74

30

4.32

-0.74

-0.04

31

3.77

-0.29

-0.90

32

4.30

0.17

-0.47

33

5.98

0.10

0.80

34

4.63

-0.77

-0.32

35

4.14

0.42

-0.83

37

1.01

0.39

0.59

38

0.26

-0.04

-0.03

39

0.27

-0.02

0.00

40

0.25

-0.03

-0.01

41

0.21

-0.06

-0.01

42

0.21

-0.03

0.03

43

0.21

-0.02

0.04

44

0.20

-0.02

0.01

45

0.21

-0.04

0.02

46

0.26

-0.05

-0.01

47

0.58

-0.10

0.03

48

1.09

0.03

0.09

49

1.48

0.39

0.36

50

1.85

0.21

0.32

51

1.72

0.23

0.31

52

1.73

0.05

0.58

53

1.87

0.00

0.47

54

1.66

-0.13

0.31

55

1.60

0.18

0.71

56

2.12

0.11

0.39

57

2.83

0.44

0.84

58

2.63

0.09

0.40

59

2.34

0.06

0.33

60

2.17

0.07

0.29

61

2.01

-0.20

-0.06

62

1.93

0.18

-0.11

63

1.90

-0.69

-0.20

64

2.13

-0.79

-0.20

65

1.96

-0.72

-0.13

66

1.95

-0.85

-0.40

67

2.06

-0.33

-0.53

68

2.51

-0.47

-0.08

69

2.86

-0.60

-0.22

70

2.88

-1.39

-0.32

71

3.62

-2.00

-0.38

72

3.80

-1.38

-0.40

73

3.94

-0.28

-0.49

74

4.36

-0.16

-1.17

(3) Estuarine and marine areas for the estuaries listed in subsection 62-302.532(1), F.A.C., are delineated in the “Maps of the Florida Estuary Nutrient Regions, dated October 2014, October 2015, July 2019, June 2021, October 2021, March 2023, and June 2024,” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18134), which are incorporated by reference herein. Copies of these maps may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(4) To calculate an annual geometric or arithmetic mean for TN, TP, or chlorophyll a, there shall be at least four temporally-independent samples per year with at least one sample taken between May 1 and September 30 and at least one sample taken during the other months of the calendar year. To be treated as temporally-independent, samples must be taken at least one week apart.

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 7-3-12, Amended 12-20-12, 8-1-13, 8-20-13, 6-7-15, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-302.533 Dissolved Oxygen Criteria for Class I, Class II, Class III, and Class III-Limited Waters

(1) Class I, Class III predominantly freshwaters, and Class III-Limited predominantly freshwaters.

(a) No more than 10 percent of the daily average percent dissolved oxygen (DO) saturation values shall be below the following values:

1. 67 percent in the Panhandle West bioregion,

2. 38 percent in the Peninsula and Everglades bioregions, or

3. 34 percent in the Northeast and Big Bend bioregions. A map of the bioregions is contained in SCI 1000: Stream Condition Index Methods (DEP-SOP-003/11 SCI 1000) incorporated by reference in Rule 62-160.210, F.A.C.). When assessing ambient surface water samples, the freshwater DO criteria shall be assessed preferentially using daily average values calculated from full days of diel monitoring data consisting of 24 hours of measurements collected at a regular time interval of no longer than one hour. If diel monitoring data are not available, instantaneous surface water samples may be used to assess the DO criterion by comparing the instantaneous value with a time-of-day-specific translation of the daily average criterion using the procedure described in subsection 62-303.320(4), F.A.C.

(b) For lakes, the daily average DO level shall be calculated as the average of measurements collected in the upper two meters of the water column at the same location on the same day. For all other freshwaters, the daily average freshwater DO level shall be calculated as the average of all measurements collected in the water column at the same location and on the same day.

(c) In the portions of the Suwannee, Withlacoochee (North), and Santa Fe Rivers utilized by the Gulf Sturgeon, and in the portions of the Santa Fe and New Rivers utilized by the Oval Pigtoe Mussel, DO levels shall not be lowered below the baseline distribution such that there is 90 percent confidence that more than 50 percent of daily average values are below the median of the baseline distribution or more than 10 percent of the daily average values are below the 10th percentile of the baseline distribution for the applicable waterbody.

(d) In the portions of the St. Johns River utilized by the Shortnose or Atlantic Sturgeon, the DO shall not be below 53 percent saturation during February and March. During other times of the year, the criteria specified in paragraph 62-302.533(1)(a), F.A.C., shall apply.

(e) The baseline distributions and maps showing the specific areas utilized by the Gulf Sturgeon and the Oval Pigtoe Mussel are provided in Appendix I of the “Technical Support Document for the Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters, June 2025” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18135), which is incorporated by reference herein. Copies of Appendix I may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(2) Class II, Class III predominantly marine waters, and Class III-Limited predominantly marine waters.

(a) Minimum DO saturation levels shall be as follows:

1. The daily average percent DO saturation shall not be below 42 percent saturation in more than 10 percent of the values,

2. The seven-day average DO percent saturation shall not be below 51 percent more than once in any twelve week period; and,

3. The 30-day average DO percent saturation shall not be below 56 percent more than once per year.

(b) To calculate a seven-day average DO percent saturation, there shall be a minimum of three full days of diel data collected within the seven-day period, or a minimum of ten grab samples collected over at least three days within that seven-day period, with each sample measured at least four hours apart.

(c) To calculate a 30-day average DO percent saturation, there shall be a minimum of three full days of diel data with at least one day of data collected in three different weeks of the 30-day period, or grab samples collected from a minimum of ten different days of the 30-day period.

(d) A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour.

(3) If it is determined that the natural background DO saturation in the waterbody (including values that are naturally low due to vertical stratification) is less than the applicable criteria stated above, the applicable criteria shall be 0.1 mg/l below the DO concentration associated with the natural background DO saturation level.

(4) For predominately marine waters, a decrease in magnitude of up to 10 percent from the natural background condition is allowed if it is demonstrated that sensitive resident aquatic species will not be adversely affected using the procedure described in the DEP document titled Appendix H of the “Technical Support Document for the Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters: Determination of Acceptable Deviation from Natural Background Dissolved Oxygen Levels in Fresh and Marine Waters” (DEP-SAS-001/13), dated March 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02956), which is incorporated by reference herein. Copies of Appendix H may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(5) Ambient DO levels above the minimum criteria specified in subsections 62-302.533(1) and (2), F.A.C., shall be maintained in accordance with and subject to Rules 62-302.300 and 62-4.242, F.A.C. Ambient DO levels will be considered to have declined, for purposes of this subsection if, after controlling for or removing the effects of confounding variables, such as climatic and hydrologic cycles, quality assurance issues, and changes in analytical methods, a waterbody segment is shown to have a statistically significant decreasing trend in DO percent saturation or an increasing trend in the range of daily DO fluctuations at the 95 percent confidence level using the one-sided Seasonal Kendall test for trend, as described in Helsel, D.R. and R.M. Hirsch, 2002, Statistical Methods in Water Resources, USGS, pages 338 through 340 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02957), which is incorporated by reference herein, or an alternative statistically valid trend at a one-sided confidence level of 95 percent. It must be demonstrated that the data satisfy all statistical assumptions of any alternative method used, including residual distribution, variance, and shape of relationship.

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 8-1-13, Amended 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-302.540 Water Quality Standards for Phosphorus Within the Everglades Protection Area

(1) Purpose and Scope. The water quality standards adopted by this rule include all of the following elements:

(a) A numerical interpretation of the Class III narrative nutrient criterion for phosphorus;

(b) A method for determining achievement of the numeric phosphorus criterion, which takes into consideration spatial and temporal variability, natural background conditions and confidence in laboratory results.

(2) Findings.

(a) The Legislature, in adopting the Everglades Forever Act, recognized that the EPA must be restored both in terms of water quantity and water quality.

(b) The Comprehensive Everglades Restoration Plan (CERP) contains projects that will affect the flows and phosphorus levels entering the EPA. Achievement of water quality standards for water quality projects required under the Everglades Forever Act can be most effectively and efficiently attained when integrated with CERP projects.

(c) It is the intent of the Commission that implementation of this rule will fulfill commitments made by the State of Florida to restore and maintain water quality in the EPA, while, at the same time, fulfill the States obligations under the Settlement Agreement to achieve the long-term phosphorus concentration levels and discharge limits established in that Agreement for the Loxahatchee National Wildlife Refuge (Refuge) and the Everglades National Park (Park).

(d) Establishment of the numeric phosphorus criterion, based upon analyses conducted primarily in freshwater open water slough systems, assumed that preservation of the balance of the native flora and fauna in these open water slough systems would protect other communities of native vegetation in the EPA. Further research should be conducted in other habitat types to further evaluate the natural variability in those habitat types.

(e) The Commission has received substantial testimony regarding mercury and its impact on the EPA. The Commission encourages all interested parties to continue research efforts on the effects of mercury.

(3) Definitions.

(a) The “Everglades Protection Area” or “EPA” shall mean Water Conservation Areas 1 (Refuge), 2A, 2B, 3A and 3B, and the Everglades National Park.

(b) “Impacted Areas” shall mean areas of the EPA where total phosphorus concentrations in the upper 10 centimeters of the soils are greater than 500 mg/kg.

(c) “District” shall mean the South Florida Water Management District.

(d) “Settlement Agreement” shall mean the Settlement Agreement entered in Case No. 88-1886-Civ-Hoeveler, United States District Court for the Southern District of Florida, as modified by the Omnibus Order entered in the case on April 27, 2001.

(e) “Unimpacted Areas” shall mean those areas which are not “Impacted Areas.”

(4) Phosphorus Criterion.

(a) The numeric phosphorus criterion for Class III waters in the EPA shall be a long-term geometric mean of 10 ppb, but shall not be lower than the natural conditions of the EPA, and shall take into account spatial and temporal variability. Achievement of the criterion shall be determined by the methods in this subsection. Exceedences of the provisions of this subsection shall not be considered deviations from the criterion if they are attributable to the full range of natural spatial and temporal variability, statistical variability inherent in sampling and testing procedures or higher natural background conditions.

(b) Water Bodies. Achievement of the phosphorus criterion for waters in the EPA shall be determined separately in impacted and unimpacted areas in each of the following water bodies: Water Conservation Areas 1, 2 and 3, and the Everglades National Park.

(c) Achievement of Criterion in Everglades National Park. Achievement of the phosphorus criterion in the Park shall be based on the methods as set forth in Appendix A of the Settlement Agreement unless the Settlement Agreement is rescinded or terminated. If the Settlement Agreement is no longer in force, achievement of the criterion shall be determined based on the method provided for the remaining EPA. For the Park, the Department shall review data from inflows into the Park at locations established pursuant to Appendix A of the Settlement Agreement and shall determine that compliance is achieved if the Department concludes that phosphorus concentration limits for inflows into the Park do not result in a violation of the limits established in Appendix A.

(d) Achievement of the Criterion in WCA-1, WCA-2 and WCA-3.

1. Achievement of the criterion in unimpacted areas in each WCA shall be determined based upon data from stations that are evenly distributed and located in freshwater open water sloughs similar to the areas from which data were obtained to derive the phosphorus criterion. Achievement of the criterion shall be determined based on data collected monthly from the network of monitoring stations in the unimpacted area. The water body will have achieved the criterion if the five year geometric mean averaged across all stations is less than or equal to 10 ppb. In order to provide protection against imbalances of aquatic flora or fauna, the following provisions must also be met:

a. The annual geometric mean averaged across all stations is less than or equal to 10 ppb for three of five years,

b. The annual geometric mean averaged across all stations is less than or equal to 11 ppb; and,

c. The annual geometric mean at all individual stations is less than or equal to 15 ppb. Individual station analyses are representative of only that station.

2. Achievement of the criterion shall be determined based on data collected monthly from the network of monitoring stations in the impacted area. Impacted Areas of the water body will have achieved the criterion if the five year geometric mean averaged across all stations is less than or equal to 10 ppb. In order to provide protection against imbalances of aquatic flora or fauna, the following provisions must also be met:

a. The annual geometric mean averaged across all stations is less than or equal to 10 ppb for three of five years,

b. The annual geometric mean averaged across all stations is less than or equal to 11 ppb; and,

c. The annual geometric mean at all individual stations is less than or equal to 15 ppb. Individual station analyses are representative of only that station.

Notwithstanding the definition of Impacted Area in subsection (3), individual stations in the network shall be deemed to be unimpacted for purposes of this rule if the five-year geometric mean is less than or equal to 10 ppb and the annual geometric mean is less than or equal to 15 ppb.

(e) Adjustment of Achievement Methods. The Department shall complete a technical review of the achievement methods set forth in this subsection at a minimum of five year intervals and will report to the ERC on changes as needed. Data will be collected as necessary at stations that are evenly distributed and representative of major natural habitat types to further define the natural spatial and temporal variability and natural background of phosphorus concentrations in the EPA. As a part of the review, the Department may propose amendments to the achievement method provisions of this rule to include:

1. A hydrologic variability algorithm in a manner similar to the Settlement Agreement; and,

2. Implementing adjustment factors that take into account water body specific variability, including the effect of habitat types.

The hydrologic variability evaluation shall be based on data from at least one climatic drought cycle and data reflecting the average interior stage of the water body on the dates of sample collection.

(f) Data Screening. Data from each monitoring station shall be evaluated prior to being used for the purposes of determining achievement of the criterion. Data shall be excluded from calculations for the purpose of determining achievement of the criterion if such data:

1. Do not comply with the requirements of Chapter 62-160, F.A.C., or

2. Are excluded through the screening protocol set forth in the Data Quality Screening Protocol, or

3. Were collected from sites affected by extreme events such as fire, flood, drought or hurricanes, until normal conditions are restored, or

4. Were affected by localized activities caused by temporary human or natural disturbances such as airboat traffic, authorized (permitted or exempt) restoration activities, alligator holes, or bird rookeries.

5. Were sampled in years where hydrologic conditions (e.g., rainfall amount, water levels and water deliveries) were outside the range that occurred during the period (calendar years 1978 – 2001) used to set the phosphorus criterion.

(5) Long-Term Compliance Permit Requirements for Phosphorus Discharges into the EPA.

(a) Phosphorus discharge levels into the EPA shall be deemed in compliance with this rule upon a demonstration that those levels in the discharges will be at or below a water quality based effluent limit calculated pursuant to Chapter 62-650, F.A.C., to achieve the phosphorus criterion set forth in this rule.

(b) Discharges into the Park must not result in a violation of the concentration limits established for the Park in Appendix A of the Settlement Agreement as determined through the methodology set forth in subsection (4).

(6) Document Incorporated by Reference. The following document is referenced elsewhere in this section and is hereby incorporated by reference:

Data Quality Screening Protocol, dated 7-15-04.

(7) Contingencies. In the event any provision of this rule is challenged in any proceeding, the Commission shall immediately be notified. In the event any provision of this rule:

(a) Is determined to be invalid under applicable laws, or

(b) Is disapproved by the U.S. Environmental Protection Agency under the Clean Water Act, the Department shall bring the matter back before the Commission at the earliest practicable date for reconsideration.

History

• Rulemaking Authority 373.043, 373.4592, 403.061 FS. Law Implemented 373.016, 373.026, 373.4592, 403.021(11), 403.061, 403.201 FS. History– New 7-15-04, Amended 5-25-05, 3-28-17.

Fla. Admin. Code R. 62-302.600 Classified Waters

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 3-2-68, Formerly 28-5.21, Amended 3-4-71, 7-13-78, 3-5-80, 7-26-81, 1-1-83, 2-1-83, 3-22-84, 9-12-85, 4-26-87, 4-26-89, 1-28-90, Formerly 17-3.161, Amended 3-31-91, 9-26-91, 4-25-93, Formerly 17-302.600, Amended 1-23-95, 2-27-95, Repealed 12-26-96.

Fla. Admin. Code R. 62-302.700 Special Protection, Outstanding Florida Waters, Outstanding National Resource Waters

(1) It shall be the Department policy to afford the highest protection to Outstanding Florida Waters and Outstanding National Resource Waters. No degradation of water quality, other than that allowed in subsections 62-4.242(2) and (3), F.A.C., is to be permitted in Outstanding Florida Waters and Outstanding National Resource Waters, respectively, notwithstanding any other Department rules that allow water quality lowering.

(2) A complete listing of Outstanding Florida Waters and Outstanding National Resource Waters is provided in subsections (9) and (10). Outstanding Florida Waters generally include the following surface waters (unless named as Outstanding National Resource Waters):

(a) Waters in National Parks, Preserves, Memorials, Wildlife Refuges and Wilderness Areas;

(b) Waters in the State Park System and Wilderness Areas;

(c) Waters within areas acquired through donation, trade, or purchased under the Environmentally Endangered Lands Bond Program, Conservation and Recreation Lands Program, Land Acquisition Trust Fund Program, and Save Our Coast Program;

(d) Rivers designated under the Florida Scenic and Wild Rivers Program, federal Wild and Scenic Rivers Act of 1968 as amended, and Myakka River Wild and Scenic Designation and Preservation Act;

(e) Waters within National Seashores, National Marine Sanctuaries, National Estuarine Research Reserves, and certain National Monuments;

(f) Waters in Aquatic Preserves created under the provisions of Chapter 258, F.S.;

(g) Waters within the Big Cypress National Preserve;

(h) Special Waters as listed in paragraph 62-302.700(9)(i), F.A.C.; and,

(i) Certain Waters within the Boundaries of the National Forests.

(3) Each water body demonstrated to be of exceptional recreational or ecological significance may be designated as a Special Water.

(4) The following procedure shall be used in designating an Outstanding National Resource Water as well as any Special Water:

(a) Rulemaking procedures pursuant to Chapter 120, F.S., shall be followed;

(b) At least one fact-finding workshop shall be held in the affected area;

(c) All local county or municipal governments and state legislators whose districts or jurisdictions include all or part of the water shall be notified at least 60 days prior to the workshop in writing by the Secretary;

(d) A prominent public notice shall be placed in a newspaper of general circulation in the area of the proposed water at least 60 days prior to the workshop; and,

(e) An economic impact analysis, consistent with Chapter 120, F.S., shall be prepared which provides a general analysis of the impact on growth and development including such factors as impacts on planned or potential industrial, agricultural, or other development or expansion.

(5) The Commission may designate a water of the State as a Special Water after making a finding that the waters are of exceptional recreational or ecological significance and a finding that the environmental, social, and economic benefits of the designation outweigh the environmental, social, and economic costs.

(6) The Commission may designate a water as an Outstanding National Resource Water after making all of the following findings:

(a) That the waters are of such exceptional recreational or ecological significance that water quality should and can be maintained and protected under all circumstances other than temporary degradation and the lowering allowed by Section 316 of the Federal Clean Water Act; and,

(b) That the level of protection afforded by the designation as Outstanding National Resource Waters is clearly necessary to preserve the exceptional ecological or recreational significance of the waters; and,

(c) That the environmental, social, and economic benefits of the designation outweigh the environmental, social, and economic costs.

(7) The policy of this section shall be implemented through the permitting process pursuant to Rule 62-4.242, F.A.C.

(8) For each Outstanding Florida Water listed under subsection 62-302.700(9), F.A.C., the last day of the baseline year for defining the existing ambient water quality (paragraph 62-4.242(2)(c), F.A.C.) is March 1, 1979, unless otherwise indicated. Where applicable, Outstanding Florida Water boundary expansions are indicated by date(s) following “as mod.” under subsection 62-302.700(9), F.A.C. For each Outstanding Florida Water boundary which expanded subsequent to the original date of designation, the baseline year for the entire Outstanding Florida Water, including the expansion, remains March 1, 1979, unless otherwise indicated.

(9) Outstanding Florida Waters:

(a) Waters within National Parks and National Memorials.

National Park or National Memorial

County

1. Biscayne National Park (as mod. 5-14-86, 8-8-94)

Dade

2. Dry Tortugas National Park (10-4-90)

Monroe

3. Everglades National Park (as mod. 8-8-94)

Monroe/Dade/Collier

4. Fort Caroline National Memorial (8-8-94)

Duval

(b) Waters within National Wildlife Refuges.

Wildlife Refuge

County

1. Archie Carr (8-8-94)

Indian River/Brevard

2. Caloosahatchee

Lee

3. Cedar Keys (as mod. 5-14-86, 4-19-88)

Levy

4. Chassahowitzka (as mod. 5-14-86, 4-19-88)

Citrus/Hernando

5. Chinsegut

Hernando

6. Crocodile Lake (12-1-82; as mod. 5-14-86, 4-19-88, 8-8-94)

Monroe

7. Crystal River (5-14-86; as mod. 10-4-90)

Citrus

8. Egmont Key

Hillsborough

9. Florida Panther (10-4-90; as mod. 8-8-94)

Collier

10. Great White Heron (as mod. 5-14-86, 4-19-88)

Monroe

11. Hobe Sound (as mod. 5-14-86, 4-19-88, 8-8-94)

Martin

12. Island Bay

Charlotte

13. J. N. “Ding” Darling (as mod. 5-14-86, 4-19-88, 8-8-94)

Lee

14. Key West

Monroe

15. Lake Woodruff (as mod. 8-8-94)

Volusia/Lake

16. Lower Suwannee (12-1-82; as mod. 8-8-94)

Dixie/Levy

17. Loxahatchee

Palm Beach

18. Matlacha Pass (as mod. 8-8-94)

Lee

19. Merritt Island

Volusia/Brevard

20. National Key Deer (as mod. 5-14-86, 4-19-88, 10-4-90, 8-8-94)

Monroe

21. Okefenokee (Florida Portion)

Baker

22. Passage Key

Manatee

23. Pelican Island (as mod. 8-8-94)

Indian River

24. Pine Island (as mod. 8-8-94)

Lee

25. Pinellas

Pinellas

26. St. Johns (including Bee Line Unit) (as mod. 5-14-86, 4-19-88)

Brevard

27. St. Marks (as mod. 10-4-90, 8-8-94)

Jefferson/Wakulla/ Taylor

28. St. Vincent (including Pig Island Unit)

Franklin/Gulf

(c) Waters within State Parks, State Wildlife Parks, and State Recreation Areas.

State Park or State Recreation Area

County

1. Amelia Island State Recreation Area (5-14-86)

Nassau

2. Anastasia State Recreation Area (as mod. 4-19-88)

St. Johns

3. Avalon State Recreation Area (4-19-88; as mod. 8-8-94)

St. Lucie

4. Bahia Honda State Park (as mod. 5-14-86)

Monroe

5. Bear Creek State Recreation Area (12-1-82)

Gadsden

6. Big Lagoon State Recreation Area (12-1-82; as mod. 5-14-86, 8-8-94)

Escambia

7. Big Talbot Island State Park (5-14-86; as mod. 4-19-88, 8-8-94)

Duval

8. Bill Baggs Cape Florida State Recreation Area

Dade

9. Blackwater River State Park

Santa Rosa

10. Blue Springs State Park

Volusia

11. Bulow Creek State Park (5-14-86; as mod. 4-19-88)

Flagler/Volusia

12. Caladesi Island State Park

Pinellas

13. Cayo Costa State Park (12-1-82; as mod. 5-14-86, 4-19-88, 10-4-90, 8-8-94)

Lee

14. Collier-Seminole State Park

Collier

15. Dead Lakes State Recreation Area

Gulf

16. De Leon Springs State Recreation Area (5-14-86; as mod. 10-4-90)

Volusia

17. Delnor-Wiggins Pass State Recreation Area (12-1-82)

Collier

18. Don Pedro Island State Recreation Area (5-14-86; as mod. 4-19-88)

Charlotte

19. Dr. Julian G. Bruce St. George Island State Park (12-1-82)

Franklin

20. Edward Ball Wakulla Springs State Park (4-19-88)

Wakulla

21. Falling Waters State Recreation Area

Washington

22. Faver-Dykes State Park

St. Johns

23. Florida Caverns State Park (as mod. 8-8-94)

Jackson

24. Fort Clinch State Park (as mod. 4-19-88, 8-8-94)

Nassau

25. Fort Cooper State Park (12-1-82)

Citrus

26. Fort Pierce Inlet State Recreation Area (12-1-82; as mod. 5-14-86)

St. Lucie

27. Fred Gannon Rocky Bayou State Recreation Area

Okaloosa

28. Gamble Rogers Memorial State Recreation Area at Flagler Beach

Flagler

29. Gasparilla Island State Recreation Area (5-14-86; as mod. 4-19-88, 10-4-90)

Lee

30. Grayton Beach State Recreation Area (as mod. 4-19-88)

Walton

31. Guana River State Park (5-14-86; as mod. 4-19-88)

St. Johns

32. Henderson Beach State Recreation Area (5-14-86)

Okaloosa

33. Highlands Hammock State Park (as mod. 8-8-94)

Highlands/Hardee

34. Hillsborough River State Park

Hillsborough

35. Homosassa Springs State Wildlife Park (10-4-90)

Citrus

36. Honeymoon Island State Recreation Area (12-1-82; as mod. 5-14-86)

Pinellas

37. Hontoon Island State Park

Volusia/Lake

38. Hugh Taylor Birch State Recreation Area

Broward

39. Ichetucknee Springs State Park

Columbia/ Suwannee

40. John D. McArthur Beach State Park (12-1-82)

Palm Beach

41. John Pennekamp Coral Reef State Park (as mod. 5-14-86, 4-19-88)

Monroe

42. John U. Lloyd Beach State Recreation Area

Broward

43. Jonathan Dickinson State Park

Martin

44. Lake Arbuckle State Park (5-14-86)

Polk

45. Lake Griffin State Recreation Area

Lake

46. Lake Kissimmee State Park

Polk

47. Lake Louisa State Park (12-1-82)

Lake

48. Lake Manatee State Recreation Area (12-1-82)

Manatee

49. Lake Rousseau State Recreation Area (12-1-82)

Citrus/Levy/Marion

50. Lake Talquin State Recreation Area (12-1-82; as mod. 5-14-86)

Leon

51. Little Manatee River State Recreation Area (12-1-82)

Hillsborough

52. Little Talbot Island State Park

Duval

53. Long Key State Recreation Area

Monroe

54. Lovers Key State Recreation Area (5-14-86)

Lee

55. Manatee Springs State Park (as mod. 10-4-90)

Levy

56. Mike Roess Gold Head Branch State Park (as mod. 5-14-86, 4-19-88, 8-8-94)

Clay

57. Myakka River State Park

Manatee/Sarasota

58. North Peninsula State Recreation Area (5-14-86; as mod. 4-19-88, 10-4-90)

Volusia

59. Ochlockonee River State Park

Wakulla

60. O'Leno State Park (as mod. 5-14-86)

Alachua/Columbia

61. Oleta River State Recreation Area (12-1-82)

Dade

62. Oscar Scherer State Park (as mod. 8-8-94)

Sarasota

63. Peacock Springs State Recreation Area (4-19-88)

Suwannee

64. Perdido Key State Recreation Area (12-1-82)

Escambia

65. Ponce de Leon Springs State Recreation Area

Holmes/Walton

66. Port Charlotte Beach State Recreation Area (12-1-82)

Charlotte

67. Rose Sink (addition to Ichetucknee Springs State Park) (1-9-05)

Columbia

68. St. Andrews State Recreation Area (as mod. 5-14-86, 4-19-88)

Bay

69. Sebastian Inlet State Recreation Area

Indian River/Brevard

70. Silver River State Park (4-19-88; as mod. 10-4-90, 8-8-94)

Marion

71. Suwannee River State Park (as mod. 10-4-90)

Hamilton/Madison/

72. Three Rivers State Recreation Area

Jackson

73. T. H. Stone Memorial St. Joseph Peninsula State Park

Gulf

74. Tomoka State Park

Volusia

75. Torreya State Park

Liberty

76. Wekiwa Springs State Park (as mod. 4-19-88)

Orange/Seminole

(d) Waters within State Ornamental Gardens, State Botanical Sites, State Historic Sites, and State Geological Sites.

State Ornamental Gardens, State Botanical Site, State Historic Site, or State Geological Site

County

1. Alfred B. Maclay State Gardens

Leon

2. Devils Millhopper State Geological Site (10-4-90)

Alachua

3. Eden State Gardens

Walton

4. Fort Zachary Taylor State Historic Site (10-4-90)

Monroe

5. Indian Key State Historic Site (10-4-90)

Monroe

6. Key Largo Hammock State Botanical Site (5-14-86)

Monroe

7. Koreshan State Historic Site (10-4-90)

Lee

8. Lignumvitae Key State Botanical Site (5-14-86)

Monroe

9. Marjorie Kinnan Rawlings State Historic Site (10-4-90)

Alachua

10. Natural Bridge Battlefield State Historic Site (10-4-90)

Leon

11. Paynes Creek State Historic Site (10-4-90)

Hardee

12. Ravine State Gardens

Putnam

13. San Marcos de Apalachee State Historic Site (10-4-90)

Wakulla

14. Washington Oaks State Gardens (as mod. 5-14-86)

Flagler

15. Windley Key Fossil Reef State Geological Site (10-4-90)

Monroe

(e) Waters within State Preserves, State Underwater Archaeological Preserves, and State Reserves.

State Preserve or State Reserve

County

1. Anclote Key State Preserve (12-1-82)

Pasco/Pinellas

2. Cape St. George State Reserve (12-1-82)

Franklin

3. Cedar Key Scrub State Reserve (12-1-82; as mod. 4-19-88)

Levy

4. Charlotte Harbor State Reserve (as mod. 4-19-88)

Charlotte

5. Crystal River State Reserve (5-14-86; as mod. 4-19-88)

Citrus

6. Fakahatchee Strand State Preserve (12-1-82; as mod. 5-14-86, 4-19-88, 10-4-90, 8-8-94)

Collier

7. Haw Creek State Preserve (12-1-82)

Flagler/Putnam/Volusia

8. Lower Wekiva River State Reserve (12-1-82)

Lake/Seminole

9. Nassau Valley State Reserve (12-1-82)

Duval/Nassau

10. Paynes Prairie State Preserve (as mod. 10-4-90, 8-8-94)

Alachua

11. Prairie-Lakes State Preserve

Osceola

12. River Rise State Preserve (12-1-82; as mod. 8-8-94)

Alachua/Columbia

13. Rock Springs Run State Reserve (5-14-86; as mod. 4-19-88)

Orange

14. San Felasco Hammock State Preserve (12-1-82; as mod. 5-14-86, 4-19-88)

Alachua

15. San Pedro State Underwater Archaeological Preserve (10-4-90)

Monroe

16. Savannas State Reserve (12-1-82; as mod. 5-14-86, 10-4-90, 8-8-94)

Martin/St. Lucie

17. St. Lucie Inlet State Preserve (12-1-82)

Martin

18. Waccasassa Bay State Preserve (12-1-82; as mod. 4-19-88)

Levy

19. Weedon Island State Preserve (12-1-82)

Pinellas

20. William Beardell Tosohatchee State Reserve (12-1-82)

Orange

(f) Waters within Areas Acquired through Donation, Trade, or Purchased Under the Environmentally Endangered Lands Bond Program, Conservation and Recreation Lands Program, Land Acquisition Trust Fund Program, and Save Our Coast Program.

Program Area

County

1. Andrews Tract (5-14-86; as mod. 4-19-88, 8-8-94)

Levy

2. Apalachicola Bay (8-8-94)

Franklin

3. Barefoot Beach (12-1-82)

Collier

4. Beker Tracts (10-4-90)

Manatee

5. Big Bend Coastal Tract (4-19-88; as mod. 10-4-90)

Dixie/Taylor

6. Big Shoals (4-19-88)

Hamilton

7. B.M.K. Ranch (8-8-94)

Lake/Orange

8. Bower Tract (5-14-86; as mod. 4-19-88)

Hillsborough

9. Caravelle Ranch (8-8-94)

Putnam

10. Carlton Half-Moon Ranch (8-8-94)

Sumter

11. Catfish Creek (8-8-94)

Polk

12. Chassahowitzka Swamp (5-14-86; as mod. 4-19-88, 8-8-94)

Hernando/Citrus

13. Coupon Bight (10-4-90; as mod. 8-8-94)

Monroe

14. Crystal River (10-4-90)

Citrus

15. Curry Hammock (8-8-94)

Monroe

16. Deering Hammock/Estate (5-14-86; as mod. 4-19-88, 8-8-94)

Dade

17. East Everglades (5-14-86)

Dade

18. Econfina River (8-8-94)

Taylor

19. Emerson Point (8-8-94)

Manatee

20. Escambia Bay Bluffs (5-14-86)

Escambia

21. Estero Bay (8-8-94)

Lee

22. Florida First Magnitude Springs (8-8-94)

Levy

23. Ft. George Island (10-4-90)

Duval

24. Ft. Mose (8-8-94)

St. Johns

25. Ft. San Luis (5-14-86; as mod. 8-8-94)

Leon

26. Gateway (5-14-86)

Pinellas

27. Gills Tract (8-8-94)

Pasco

28. Green Turtle Beach (4-19-88)

St. Lucie

29. Guana River (5-14-86; as mod. 4-19-88)

St. Johns

30. Homosassa Reserve/Walker Tract (8-8-94)

Citrus

31. Indian River North Beach (5-14-86)

Indian River

32. ITT/Hammock (5-14-86)

Dade

33. Josslyn Island (10-4-90)

Lee

34. Levy County Forest/Sandhills (8-8-94)

Levy

35. Letchworth Mounds (8-8-94)

Jefferson

36. Lower Econlockhatchee (8-8-94)

Seminole

37. Martin County Tracts (5-14-86)

Martin

38. Mashes Sands (5-14-86)

Wakulla

39. Miami Rockridge Pinelands (8-8-94)

Dade

40. Milton to Whiting Field (8-8-94)

Santa Rosa

41. North Beach (5-14-86)

Broward

42. North Key Largo Hammock (5-14-86; as mod. 4-19-88, 10-4-90, 8-8-94)

Monroe

43. Placid Lakes (8-8-94)

Highlands

44. Point Washington (8-8-94)

Walton

45. Port Bougainville (10-4-90)

Monroe

46. Rainbow River/Springs (8-8-94)

Marion

47. Rookery Bay (10-4-90; as mod. 8-8-94)

Collier

48. Rotenberger (as mod. 4-19-88, 8-8-94)

Palm Beach

49. Saddle Blanket Lakes Scrub (8-8-94)

Polk

50. Save Our Everglades (10-4-90; as mod. 8-8-94)

Collier

51. Sea Branch (8-8-94)

Martin

52. Seminole Springs/Woods (8-8-94)

Lake

53. Snake Warrior Island (Oaks of Miramar) (8-8-94)

Broward

54. Spring Hammock (4-19-88; as mod. 10-4-90)

Seminole

55. Spruce Creek (4-19-88; as mod. 8-8-94)

Volusia

56. St. Martins River (8-8-94)

Citrus

57. Stark Tract (10-4-90)

Volusia

58. Stoney-Lane (10-4-90)

Citrus

59. Surfside Additions (5-14-86)

St. Lucie

60. Three Lakes/Prairie Lakes (as mod. 8-8-94)

Osceola

61. Topsail Hill (8-8-94)

Walton

62. Upper Black Creek (8-8-94)

Clay

63. Volusia Water Recharge Area

Volusia

64. Wacissa/Aucilla Rivers (10-4-90)

Jefferson/Taylor

65. Wekiva River Buffers (8-8-94)

Seminole

66. Westlake (5-14-86; as mod. 4-19-88)

Broward

67. Wetstone/Berkovitz (8-8-94)

Pasco

68. Withlacoochee Tracts (12-1-82)

Sumter

(g) Waters within National Seashores.

National Seashores

County

1. Canaveral

Brevard/Volusia

2. Gulf Islands

Escambia/Santa Rosa

(h) Waters within State Aquatic Preserves.

Aquatic Preserves

County

1. Alligator Harbor

Franklin

2. Apalachicola Bay

Franklin

3. Banana River (as mod. 8-8-94)

Brevard

4. Big Bend Seagrasses

except for the following areas:

Wakulla/Taylor/ Jefferson/Dixie/Levy

a. Keaton Beach, Taylor County – Begin at 29º 49' 50'' N. Lat., 83º 35' 24'' W. Long.; then west to 29º 49' 45'', 83º 35' 50''; then south to 29º 49' 04'', 83º 35' 48"; then east to 29º 49' 04'', 83º 35' 24''; then north to the point of beginning.

b. Steinhatchee, Taylor County – Begin at 29º 40' 35'', 83º 22' 10''; then west to 29º 40' 35'', 83º 23' 10''; then north to 29º 41', 83º 23' 10"; then west to 29º 41', 83º 24' 10''; then south to the Taylor County-Dixie County boundary; then eastward along the boundary to 29º 39' 55'', 83º 22' 10''; then north to the point of beginning.

c. Suwannee, Dixie County – Begin at 29º 20' 30'', 83º 08' 10"; then west to 29º 20' 30'', 83º 08' 25''; then south to 29º 20'05'', 83º 08' 25''; then southwesterly along SR 349 to 29º 19' 51'', 83º 08' 35''; then west to 29º 19' 51'', 83º 08' 45''; then southwesterly to 29º 19' 40'', 83º 09' 12''; then south to 29º 19' 30", 83º 09' 12"; then northeasterly to 29º 19' 39", 83º 08' 53"; then southeasterly to 29º 19' 25", 83º 08' 41"; then southwesterly to 29º 19' 20", 83º 08' 49"; then southeasterly to 29º 19' 14", 83º 08' 41"; then northeasterly along the bank of the Suwannee River to and along the bank of Demory Creek to 29º 19' 45", 83º 08' 10"; then north to the point of beginning.

d. Cedar Key unincorporated airport area, Levy County – Begin at 29º 08' 26", 83º 03' 17"; then south to 29º 07' 34", 83º 03' 17", then northeasterly to 29º 07' 48", 83º 02' 33"; beginning northerly and tracing the corporate limit of Cedar Key to the point of beginning.

e. Cedar Key unincorporated causeway area, Levy County – That portion of Section 20 lying within 1000 feet of the centerline of SR 24 and lying north of a line 500 feet northeast of and parallel to the northern corporate limit of Cedar Key.

f. Cedar Key channel, Levy County – Begin at 29º 08' 58", 83º 01' 17"; then west to 29º 08' 58", 83º 01' 24"; then south to 29º 08' 05", 83º 01' 26"; then northeasterly to 29º 08' 08", 83º 01' 17"; then northerly to the point of beginning.

g. Keaton Beach navigation channel, Taylor County – Begin at 29º 49' 02", 83º 35' 30"; then west to 29º 49' 02", 83º 37' 58"; then south to 29º 48' 45", 83º 37' 58"; then east to 29º 48' 45", 83º 35' 30"; then north to the point of beginning.

h. Keaton Beach local channels, Taylor County – Begin at 29º 49' 01", 83º 35' 38"; then southeast to 29º 48' 55", 83º 35' 15"; then northeast to 29º 48' 59", 83º 35' 13"; then northwest to 29º 49' 06", 83º 35' 36"; then southwest to the point of beginning. (10-29-86)

5. Biscayne Bay (Cape Florida)

Dade/Monroe

6. Biscayne Bay (Card Sound) (12-1-82)

Dade/Monroe

7. Boca Ciega Bay

Pinellas

8. Cape Haze

Charlotte/Lee

9. Cape Romano-Ten Thousand Islands

Collier

10. Cockroach Bay

Hillsborough

11. Coupon Bight

Monroe

12. Estero Bay (as mod. 4-19-88)

Lee

13. Fort Clinch State Park

Nassau

14. Fort Pickens State Park

Santa Rosa/Escambia

15. Gasparilla Sound-Charlotte Harbor (as mod. 10-4-90)

Charlotte/Lee

16. Guana River Marsh (8-8-94)

St. Johns

17. Indian River Malabar to Vero Beach

Brevard/Indian River

18. Indian River Malabar to Vero Beach (additions), except those Indian River portions of Sebastian Creek and Turkey Creek upstream of U.S. Highway 1 (1-26-88)

Brevard/Indian River

19. Indian River Vero Beach to Ft. Pierce (as mod. 10-4-90)

Indian River/St. Lucie

20. Jensen Beach to Jupiter Inlet (as mod. 10-4-90)

Martin/Palm Beach/St. Lucie

21. Lake Jackson

Leon

22. Lemon Bay (4-19-88; as mod. 10-4-90)

Charlotte/Sarasota

23. Lignumvitae Key

Monroe

24. Loxahatchee River-Lake Worth Creek (as mod. 8-8-94)

Martin/Palm Beach

25. Matlacha Pass

Lee

26. Mosquito Lagoon

Volusia/Brevard

27. Nassau River-St. Johns River Marshes

Nassau/Duval

28. Nature Coast (7-1-20)

Citrus/Hernando/Pasco

29. North Fork, St. Lucie

St. Lucie/Martin

30. Oklawaha River (10-4-90)

Marion

31. Pellicer Creek

St. Johns/Flagler

32. Pine Island Sound

Lee

33. Pinellas County

Pinellas

34. Rainbow Springs (4-19-88)

Marion

35. Rocky Bayou State Park

Okaloosa

36. Rookery Bay (12-1-82; as mod. 11-24-87, 7-11-91)

Collier

37. St. Andrews State Park

Bay

38. St. Joseph Bay

Gulf

39. St. Martins Marsh (as mod. 8-8-94)

Citrus

40. Terra Ceia (5-22-86)

Manatee

41. Tomoka Marsh

Volusia/Flagler

42. Wekiva River (12-1-82)

Lake/Orange/ Seminole

43. Wekiva River Addition, except that portion of the St. Johns River between Interstate Highway 4 and the Wekiva River confluence (12-28-88)

Lake/Seminole/Volusia

44. Yellow River Marsh

Santa Rosa

(i) Special Waters.

1. Apalachicola River except for the following areas:

a. From a point 50 feet north of the northern boundary of the Jackson County Port Authority Slip, and including the slip itself, downstream to a point about four-tenths of a mile downstream, and specifically identified by navigation mile 103 on the 1982 U.S. Geological Survey Quadrangle Map of Sneads, Florida; and

b. From 850 feet downstream of the U.S. Army Corps of Engineers Blountstown Navigation Gage in Calhoun County, north to a point approximately 2,700 feet upstream of the Gage, and specifically identified by the line passing through 30º25'45" N. Lat. and 85º1'35"W. Long.; and 30º25'38"N. Lat. and 85º1'20" W. Long. (12-11-84).

2. Aucilla River.

3. Blackwater River.

4. Butler Chain of Lakes – consisting of Lake Butler, Lake Down, Wauseon Bay, Lake Louise, Lake Palmer (also known as Lake Isleworth), Lake Chase, Lake Tibet, Lake Sheen, Pocket Lake, Fish Lake, and the waterways which connect these lakes (3-1-84), and Lake Blanche and its connecting waterway (2-18-87).

5. Chassahowitzka River System including: Potter, Salt, Baird, Johnson, Crawford, Ryle, and Stevenson Creeks, and other tributaries to the Chassahowitzka River; but excluding artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S. (1-5-93).

6. Chipola River.

7. Choctawhatchee River.

8. Clermont Chain of Lakes – consisting of Lake Louisa (also known as Lake Louise), Lake Susan, Lake Crescent, Lake Minnehaha, Lake Winona, Lake Palatlakaha, Lake Hiawatha, Lake Minneola, Lake Wilson, Lake Cook, Cherry Lake, Lake Hunt, Lake Stewart, Lake Lucy, Lake Emma, and the waterways that interconnect Clermont Chain of Lakes (5-28-86).

9. Crooked Lake in Polk County including the area known as Little Crooked Lake and the connecting waterway between these waterbodies; less however, artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S. (4-9-87).

10. Crystal River, including Kings Bay (2-1-83).

11. Econlockhatchee River System – consisting of the Econlockhatchee River and the following tributaries:

a. Little Econlockhatchee River upstream to Michaels Dam in Jay Blanchard Park; and,

b. Mills Creek upstream to Mills Lake; and,

c. Southerly branch of Mills Creek upstream to Fort Christmas Road in Section 2, Township 22 South, Range 32 East; and,

d. Silcox Branch (branch of Mills Creek) upstream to Lake Pickett; and,

e. Long Branch upstream to the eastern section line of Section 34, Township 22 South, Range 32 East; and,

f. Hart Branch upstream to the Old Railroad Grade in Section 18, Township 23 South, Range 32 East; and,

g. Cowpen Branch upstream to the southernmost bifurcation of the creek in Section 20, Township 23 South, Range 32 East; and,

h. Green Branch upstream to the western section line of Section 29, Township 23 South, Range 32 East; and,

i. Turkey Creek upstream to Weewahootee Road in Section 5, Township 24 South, Range 32 East, and to the west section lines of Section 5, Township 24 South, Range 32 East, and Section 32, Township 23 South, Range 32 East; and,

j. Little Creek upstream to the eastern section line of Section 22, Township 24 South, Range 32 East; and,

k. Fourmile Creek upstream to the southern line of the NE 1{2} of Section 28, Township 24 South, Range 32 East; and,

l. Econlockhatchee River Swamp upstream to State Road 532;

m. But excluding all other tributaries and artificial water bodies, defined as any water body created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S. (6-18-92).

12. Estero Bay Tributaries including: Hendry Creek to State Road 865, Big Bayou, Mullock Creek to U.S. 41 (State Road 45); Mud Creek; Estero River (north and south branches) to I-75 Halfway Creek to State Road 41; Spring Creek to Business Route 41 (State Road 887, old State Road 41), and the unnamed south branch of Spring Creek in Sections 20 and 29; Imperial River to the eastern line of Section 31, Range 26 East, Township 47 South, Oak Creek, and Leitner Creek; except for Tenmile Canal and any artificial water bodies, defined as any water body created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S. (10-4-90).

13. Florida Keys, including channels as defined in 403.803(2), F.S., and described as follows: Commence at the northeasterly most point of Palo Alto Key and run due north to a point at the center of the channel of Broad Creek as the point of beginning, thence due east to the eastern boundary of the jurisdictional waters of the State of Florida, thence meander southerly along said eastern boundary to a point due south of the westernmost point of the island of Key West; thence westerly, northerly and easterly along the arc of a curve three leagues distant from the westernmost point of the island of Key West to a point due north of the island of Key West; thence northeasterly three leagues distant from the most northerly land of the Florida Keys to the intersection with the boundary of the Everglades National Park; thence southeasterly, northeasterly and northwesterly along the boundary of the Everglades National Park to the intersection with the Dade County-Monroe County line; thence northeasterly and easterly along the Dade County-Monroe County line to the point of beginning; less however, three areas:

a. Key West Sewage Outfall, being a circle 150 feet in radius from the point of discharge located at approximately 24º 32' 13" N. Latitude and 81º 48' 55" W. Longitude; and,

b. Stock Island Power Plant Mixing Zone; being a circle 150 feet in radius from the end of the power plant discharge canal; and,

c. Artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S. (5-8-85).

14. Hillsborough River from Fletcher Avenue (State Road 582A) in Hillsborough County upstream to the Withlacoochee River Overflow in Pasco County, and the following tributaries:

a. Crystal Springs; and,

b. Blackwater Creek westward of the Hillsborough – Polk County line; and,

c. Cypress Creek, Thirteenmile Run eastward of Livingston Avenue, and Big Cypress Swamp upstream to and including the Cypress Creek Wellfield, as delineated in the maps entitled “Cypress Creek OFW Boundary Maps,” incorporated herein by reference; and,

d. Trout Creek upstream to Bruce B. Downs Boulevard (State Road 581).

e. But excluding all other tributaries as well as the proposed transportation corridor, which crosses Cypress Creek in Section 21, Township 27 South, Range 19 East, as identified in the Adopted 2010 Long Range Transportation Plan of the Metropolitan Planning Organization, dated May 26, 1993.

f. A copy of the maps referenced in subparagraph c. above may be obtained from the Department of Environmental Protection, Bureau of Surface Water Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 (4-12-95).

15. Homosassa River System including: Halls River, Turtle, Otter, Battle, and Price Creeks, and other tributaries to the Homosassa River; but excluding artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S. (1-5-93).

16. Kingsley Lake and Black Creek (North Fork) downstream to the northern line of Section 23, Township 5 South, Range 23 East, including all tributaries along this segment of Black Creek (11-8-90).

17. Lake Disston – Specifically including Lake Disston plus contiguous wetlands within the following areas: Township 14 South, Range 29 East, Sections 21, 20, 19, 18, 17, 16, 9, 8 and 7 in Flagler County; and Township 14 South, Range 28 East, Sections 13 and 24 in Volusia County except:

a. Artificial water bodies defined as any water body created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S.; and,

b. Any natural water bodies connected by artificial water bodies to the above-described system (4-4-01).

18. Lake Powell, Phillips Inlet, and all tributaries to Lake Powell as bounded by the following described line: Begin at the Northwest corner of Section 26, Township 2 South, Range 18 West; thence East to the Northwest corner of Section 29, Township 2 South, Range 17 West; thence South to the Northwest corner of the SW 1/4 of Section 29, Township 2 South, Range 17 West; thence East to the West line of Section 27, Township 2 South, Range 17 West, thence South to the mean high water line of the Gulf of America; thence meander Northwest along the mean high water line to the West line of Section 35, Township 2 South, Range 18 West; thence North to the point of beginning (8-18-91).

19. Lemon Bay estuarine system – from Boca Grande Causeway northward to approximately two thousand feet northwest of the mouth of Alligator Creek, specifically identified as the East line of Section 31, Township 39 South, Range 19 East, including Placida Harbor, Gasparilla Pass, Kettle Harbor, Bocilla Lagoon, Bocilla Pass, Knight Pass, Stump Pass, Lemon Bay, Buck Creek upstream to County Road 775, Oyster Creek upstream to County Road 775, Ainger (Rock) Creek upstream to County Road 775, and Godfrey (Godfried, Gottfried) Creek upstream to County Road 775; but excluding:

a. Alligator Creek, Forked Creek, Lemon Creek, and all other tributaries; and,

b. Artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S. (4-29-86).

20. Little Manatee River – from its mouth to the western crossing of the river by S.R. 674, including Hayes, Mill and Bolster Bayous, but excluding South Fork, Ruskin Inlet and all other tributaries (10-1-82).

21. Lochloosa Lake (including Little Lochloosa Lake, Lochloosa Lake Right Arm, and Lochloosa Creek upstream to County Road 20A) (12-15-87).

22. Myakka River between State Road 771 (El Jobean Bridge) and the Charlotte-Sarasota County line, except for artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S. (4-19-88).

23. Ochlockonee River.

24. Oklawaha River between the eastern line of Section 36, Township 15 South, Range 23 East, and Eureka Lock and Dam, including Turkey Creek, Strouds Creek, Dead River (the water body so named near Gores Landing), Cedar Creek, and Fish Creek, but excluding Marshall Swamp, the Dead River (the water body so named exiting Marshall Swamp), and all other tributaries (12-20-89).

25. Orange Lake up to the U.S. Highway 301 bridge, the River Styx up to Camps Canal, and Cross Creek (4-9-87).

26. Perdido River.

27. Rainbow River, including Indian Creek, but excluding all other tributaries (1-17-85).

28. Santa Fe River System – consisting of the Santa Fe River, Lake Santa Fe, Little Lake Santa Fe, Santa Fe Swamp, Olustee Creek, and the Ichetucknee River below S.R. 27, but excluding all other tributaries (8-16-84).

29. Sarasota Bay estuarine system – generally extending from Venice north to the Hillsborough-Manatee County line and specifically described as follows: Commence at the northern tip of Anna Maria Island and follow a line running to the southern tip of Egmont Key until intersecting the boundary between Hillsborough and Manatee Counties; thence run easterly and northeasterly along the county boundary until intersecting the Intracoastal Waterway; thence proceed southerly until intersecting a line between the southern tip of Mullet Key and the western tip of Snead Island; thence proceed southeasterly along said line to the western tip of Snead Island; thence to De Soto Point; and thence westerly and southerly including all of the Sarasota Bay estuarine system southward to the northernmost U.S. Highway Business Route 41 bridge over the Intracoastal Waterway in Venice, including Anna Maria Sound, Passage Key Inlet, Perico Bayou, Palma Sola Bay, Longboat Pass, Sarasota Bay, New Pass, Big Sarasota Pass, Roberts Bay, Little Sarasota Bay, Dryman Bay, Blackburn Bay, Lyons Bay, Venice Inlet, Dona Bay upstream to the U.S. Highway 41 bridge, and Roberts Bay upstream to the U.S. Highway 41 bridge; less however, the following areas:

a. All tributaries, including Palma Sola Creek, Bowlees Creek, Whitaker Bayou, Hudson Bayou, Phillippi Creek, Catfish Creek, North Creek, South Creek, Shakett Creek, Curry Creek; and,

b. A circle 1500 feet in radius from the mouth of Whitaker Bayou; and,

c. A circle 1500 feet in radius from the mouth of Phillippi Creek; and,

d. Artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S. (4-29-86).

e. The designation shall not affect the consideration by the Department of an application for Site Specific Alternative Criteria for the discharge of the City of Bradenton’s Municipal Sewage Treatment Plant being built under Department of Environmental Protection Construction Permit No. DC41-81224. The application will be processed under the regulations of the Department existing on February 18, 1986.

30. St. Marks River – except that part between Rattlesnake Branch and the confluence of the St. Marks and Wakulla Rivers.

31. Shoal River.

32. Silver River (Marion County) (4-9-87).

33. Spruce Creek upstream to State Road 40A, and the following tributaries:

a. Unnamed tributary upstream to the Southern section line of Section 4, Township 17 South, Range 33 East; and,

b. Unnamed tributary upstream to the Northern section line of Section 20, Township 16 South, Range 33 East; and,

c. Unnamed tributary upstream to the Northern section line of Section 23, Township 16 South, Range 32 East (right fork), and to the Western line of the NE 1/4 of Section 27, Township 16 South, Range 32 East; and,

d. Unnamed tributary upstream to the Western section line Section 35, Township 16 South, Range 32 East; and,

e. Strickland Bay; and Turnbull Bay and Turnbull Creek upstream to the Northwestern section line of Section 43, Township 17 South, Range 33 East; and,

f. Murray Creek upstream to the Town of Ponce Inlet municipal limits; and,

g. Waters east from U.S. Highway 1 following the northerly and southerly municipal limits of the Town of Ponce Inlet to its intersection with the western boundary of the Intracoastal Waterway and including Rose Bay upstream to Nova Road (State Road 5A).

h. But excluding all other tributaries (7-11-91).

34. Suwannee River.

35. Tomoka River upstream to Interstate Highway 4; and the following tributaries:

a. Priest Branch upstream to the Western and Southern section lines of Section 6, Township 15 South, Range 32 East; and,

b. Little Tomoka River and its tributaries as bounded by the following described line: Begin at the Southwestern point of confluence between the Tomoka River and the Little Tomoka River; thence meander upstream along the Little Tomoka River to the Western section line of Section 25, Township 14 South, Range 31 East; thence South to the Southwest corner of Section 25, Township 14 South, Range 31 East; thence West to the Southwest corner of Section 28, Township 14 South, Range 31 East; thence North to the Northwest corner of Section 28, Township 14 South, Range 31 East; thence East to the West section line of Section 25, Township 14 South, Range 31 East; thence South to the Northern shore of the Little Tomoka River; thence meander easterly to the confluence with the Tomoka River; thence South to the point of beginning; and,

c. Groover Branch upstream to the Northern section line of Section 24, Township 14 South, Range 31 East; and,

d. Misner’s Branch upstream to the Northern section line of Section 29, Township 14 South, Range 32 East; and,

e. Thompson Creek and Strickland Creek upstream to the Northern section line of Section 40, Township 14 South, Range 32 East,

f. But excluding all other tributaries (7-11-91).

36. Wacissa River.

37. Wakulla River.

38. Weekiwachee Riverine and Spring System – consisting of the Weekiwachee Springs and River, Mud Springs and River, Jenkins Creek, Salt Spring and Creek, the Weekiwachee Swamp, and all tributaries and contiguous wetlands within the following sections: Township 23 South, Range 17 East, Sections 2-9; Township 22 South, Range 17 East, Sections 20, 21, and 27-35, together with that portion of Section 19 that is southerly of CR 550 (Cortez Blvd.); Township 22 South, Range 16 East, Sections 25 and 36; including any and all waters, and wetlands contiguous to the tributaries located southerly of the north line of Section 25, Township 22 South, Range 16 East and westerly projection thereof and easterly of the west line of Section 36, Township 22 South, Range 16 East and northerly projection thereof, and easterly of a line through latitude 28º 32' 52'' North, longitude 82º 39' 23'' West, and through latitude 28º 31' 47'' North, longitude 82º 39' 52'' West (North American Datum of 1983). This OFW excludes artificial waters defined as any water body created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S. (12-11-03).

39. Wekiva River System – consisting of the Wekiva River, Rock Springs Run and its tributary Sulphur Spring, the Little Wekiva River south to its confluence with the southernmost run of Sanlando Springs, Black Water Creek and Swamp (up to Lake Dorr), Lake Norris, Seminole Springs and Creek, Seminole Swamp, Sulphur Spring and Run, and Messant Spring and Creek, but excluding all other tributaries (12-28-88).

40. Wiggins Pass Estuarine Area and the Cocohatchee River System – the estuarine and marine waters from the Lee/Collier County line southward through and including Water Turkey Bay to 50 feet north of S.R. 846 (Bluebill Ave.) 1995 right-of-way; the Cocohatchee River downstream from 50 feet west of U.S. 41 1995 right-of-way; and Wiggins Pass; but excluding maintenance dredging as authorized by Section 403.813(1)(f), F.S., in the following areas:

a. Wiggins Pass from the Gulf of America eastward for 200 linear feet (as measured from the southwestern point of Little Hickory Island),

b. The channel (South Channel, Vanderbilt Channel), that connects Wiggins Pass with Vanderbilt Lagoon through Water Turkey Bay; and,

c. East Channel (for purposes of this designation described as the East Channel from its confluence with South Channel to Vanderbilt Drive, including all waters surrounding the spoil islands known as Conklin Point and Island Marina) (7-16-96).

41. Withlacoochee Riverine and Lake System, including:

a. The Withlacoochee River downstream of State Road 33 in Lake County to eastern section line of Section 33, Township 16 South, Range 18 East; and,

b. The lower Withlacoochee River, from the Gulf of America to the Cross Florida Barge Canal By-Pass Spillway, but not including that portion of the river between Lake Rousseau and the Cross Florida Barge Canal; and,

c. The Little Withlacoochee River; and,

d. Jumper Creek downstream of State Road 35, including Jumper Creek Swamp; and,

e. Gum Springs, Gum Slough (Dead River), and Gum Swamp; and,

f. Lake Panasoffkee, Outlet River, Little Jones Creek, Big Jones Creek, and Rutland Creek; and,

g. Shady (Brook, Panasoffkee) Creek downstream of State Road 468, including Warm Spring Hammock; and,

h. Lake Tsala Apopka; and,

i. But excluding all other tributaries and artificial waterbodies, defined as any waterbody created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in 403.803(2), F.S. (4-10-89).

(j) Waters within Rivers Designated Under the Florida Scenic and Wild Rivers Program, Federal Wild and Scenic Rivers Act of 1968 as amended, and Myakka River Wild and Scenic Designation and Preservation Act

River Segment

County

1. Loxahatchee National Wild and Scenic River Segment (5-14-86)

Martin/Palm Beach

2. Myakka Florida Wild and Scenic River Segment (5-14-86)

Sarasota

3. Wekiva Florida Scenic and Wild River Segment (12-1-82)

Lake/Seminole

(k) Waters within National Preserves

National Preserve

County

1. Big Cypress National Preserve (as mod. 5-14-86, 4-19-88, 8-8-94)

Collier/Dade/Monroe

2. Timucuan Ecological and Historic Preserve (8-8-94)

Duval

(l) Waters within National Marine Sanctuaries

Marine Sanctuary

County

1. Key Largo

Monroe

2. Looe Key (12-1-82)

Monroe

(m) Waters within National Estuarine Research Reserves

National Estuarine Research Reserve

County

1. Apalachicola (12-1-82; as mod. 5-14-86, 4-19-88)

Franklin/Gulf

2. Rookery Bay (as mod. 5-14-86, 4-19-88)

Collier

(n) Certain Waters within the Boundaries of the National Forests

National Forest

County

1. Apalachicola

Wakulla/Leon/Franklin

a. Sopchoppy River (9-1-82)

b. Big Dismal Sink (9-1-82)

2. Ocala

Putnam/Marion/Lake

a. Alexander Springs (9-1-82)

b. Alexander Springs Creek (9-1-82)

c. Juniper Springs (9-1-82)

d. Juniper Creek (9-1-82)

e. Salt Springs (9-1-82)

f. Salt Springs Run (9-1-82)

g. Lake Dorr (9-1-82)

h. Lake Kerr (9-1-82)

i. Little Lake Kerr (9-1-82)

3. Osceola

Baker/Columbia

a. Deep Creek (9-1-82)

b. Robinson Creek (9-1-82)

c. Middle Prong – St. Marys River (9-1-82)

d. Ocean Pond (9-1-82)

e. Falling Creek (9-1-82)

(10) Outstanding National Resource Waters:

(a) The Commission designates the following waters as Outstanding National Resource Waters:

1. Biscayne National Park, as described in the document entitled “Outstanding National Resource Waters Boundary Description and Map for Biscayne National Park,” dated June 15, 1989, herein adopted by reference.

2. Everglades National Park, as described in the document entitled “Outstanding National Resource Waters Boundary Description and Map for Everglades National Park,” dated June 15, 1989, herein adopted by reference.

(b) It is the intent of the Commission that water bodies designated as Outstanding National Resource Waters shall be protected and maintained to the extent required by the federal Environmental Protection Agency. Therefore, the designations set forth in paragraph 62-302.700(10)(a), F.A.C., shall not be effective until the Florida Legislature enacts legislation specifically authorizing protection and maintenance of Outstanding National Resource Waters to the extent required by the federal Environmental Protection Agency pursuant to 40 C.F.R. 131.12.

(c) It is also the intent of the Commission to utilize the Surface Water Improvement and Management Act planning process, as outlined in Section 373.451, F.S., and Chapter 62-43, F.A.C., to establish the numerical standards for water quality parameters appropriate for Everglades and Biscayne National Parks’ status as outstanding National Resource Waters.

(d) The baseline for defining the existing ambient water quality (paragraph 62-4.242(2)(c), F.A.C.) in Outstanding National Resource Waters is a five year period from March 1, 1976 to March 1, 1981, unless otherwise indicated.

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.804, 403.805 FS. Law Implemented 403.021(11), 403.061, 403.062, 403.087, 403.088, 403.101, 403.141, 403.182, 403.502, 403.702, 403.708 FS. History–New 3-1-79, Amended 8-10-80, 8-24-82, 9-30-82, 11-30-82, 2-1-83, 6-1-83, 3-1-84, 8-16-84, 12-11-84, 1-17-85, 5-8-85, 4-29-86, 5-14-86, 5-22-86, 5-28-86, 10-29-86, 2-18-87, 4-9-87, 11-24-87, 12-15-87, 1-26-88, 4-19-88, 12-28-88, 4-10-89, 9-13-89, 10-4-89, 12-20-89, 1-28-90, Formerly 17-3.041, Amended 10-4-90, 11-8-90, 7-11-91, 8-18-91, 12-11-91, 6-18-92, 1-5-93, 8-8-94, Formerly 17-302.700, Amended 1-23-95, 4-3-95, 4-12-95, 7-16-96, 4-4-01, 12-11-03, 1-9-06, 12-7-06, 11-25-25.

Fla. Admin. Code R. 62-302.800 Site Specific Alternative Criteria

(1) Type I Site Specific Alternative Criteria: A waterbody, or portion thereof, may not meet a particular ambient water quality criterion specified for its classification, due to natural background conditions or man-induced conditions which cannot be controlled or abated. In such circumstances, and upon petition by an affected person or upon the initiation by the Department, the Secretary may establish a site specific alternative water quality criterion when an affirmative demonstration is made that an alternative criterion is more appropriate for a specified portion of waters of the state. Public notice and an opportunity for public hearing shall be provided prior to issuing any order establishing alternative criteria.

(a) The affirmative demonstration required by this section shall mean a documented showing that the proposed alternative criteria would exist due to natural background conditions or man-induced conditions which cannot be controlled or abated. Such demonstration shall be based upon relevant factors which include:

1. A description of the physical nature of the specified waterbody and the water pollution sources affecting the criterion to be altered.

2. A description of the historical and existing water quality of the parameter of concern including, spatial, seasonal, and diurnal variations, and other parameters or conditions which may affect it. Conditions in similar water bodies may be used for comparison.

3. A description of the historical and existing biology, including variations, which may be affected by the parameter of concern. Conditions in similar water bodies may be used for comparison.

4. A discussion of any impacts of the proposed alternative criteria on the designated use of the waters and downstream waters.

5. A description of the occurrence of any listed threatened or endangered species and critical habitats within the water.

(b) The Secretary shall specify, by order, the site specific criteria for the parameters which the Secretary determines to have been demonstrated by the preponderance of competent substantial evidence to be more appropriate.

(2) Type II Site Specific Alternative Criteria: In accordance with the procedures set forth below, affected persons may petition the Department, or the Department may initiate rulemaking, to adopt an alternative water quality criterion for a specific waterbody, or portion thereof, on the basis of site-specific reasons other than those set forth above in subsection 62-302.800(1), F.A.C. The Department shall process any such petition as follows:

(a) No later than 60 days after receipt of a petition, the Department shall review the petition and notify the petitioner of whether the petition is sufficiently complete to enable the Department to evaluate the proposed site-specific alternative criterion under paragraph (c) below. If the petition is not sufficiently complete, the Department shall request the submittal of additional information. The Department shall review any additional information within 60 days of receipt from the applicant and may then request only that information reasonably needed to clarify or answer new questions directly related to the additional information, unless the Department shows good cause for not having requested the information previously.

(b) Petitions deemed complete by the Department shall be processed under paragraph (c). For any petition not deemed complete, if the petitioner believes that additional information requested by the Department under paragraph (a), is not necessary to the Department’s evaluation, the Department, at the petitioner’s request, shall proceed to process the petition under paragraph (c), below.

(c) The Department shall initiate rulemaking for the Commission to consider approval of the proposed alternative criterion as a rule if the petitioner meets all the requirements of this subparagraph and its subparts. The petitioner must demonstrate that the proposed criterion would fully maintain and protect human health, existing uses, and the level of water quality necessary to protect human health and existing and designated beneficial uses. If the petition fails to meet any of these requirements (including the required demonstration), the Department shall issue an order denying the petition. In deciding whether to initiate rulemaking or deny the petition, the Department shall evaluate the petition and other relevant information according to the following criteria and procedures:

1. The petition shall include all the information required under subparagraphs (1)(a)1.-5., above.

2. In making the demonstration required by this paragraph (c), the petition shall include an assessment of aquatic toxicity, except on a showing that no such assessment is relevant to the particular criterion. The assessment of aquatic toxicity shall show that physical and chemical conditions at the site alter the toxicity or bioavailability of the compound in question and shall meet the requirements and follow the Indicator Species procedure set forth in Water Quality Standards Handbook (December 1983), a publication of the United States Environmental Protection Agency, incorporated here by reference. If, however, the Indicator Species Procedure is not applicable to the proposed site-specific alternative criterion, the petitioner may propose another generally accepted scientific method or procedure to demonstrate with equal assurance that the alternative criterion will protect the aquatic life designated use of the waterbody.

3. The demonstration shall also include a risk assessment that determines the human exposure and health risk associated with the proposed alternative criterion, except on a showing that no such assessment is relevant to the particular criterion. The risk assessment shall include all factors and follow all procedures required by generally accepted scientific principles for such an assessment, such as analysis of existing water and sediment quality, potential transformation pathways, the chemical form of the compound in question, indigenous species, bioaccumulation and bioconcentration rates, and existing and potential rates of human consumption of fish, shellfish, and water. If the results of the assessments of health risks and aquatic toxicity differ, the more stringent result shall govern.

4. The demonstration shall include information indicating that one or more assumptions used in the risk assessment on which the existing criterion is based are inappropriate at the site in question and that the proposed assumptions are more appropriate or that physical or chemical characteristics of the site alter the toxicity or bioavailability of the compound. Such a variance of assumptions, however, shall not be a ground for a proposed alternative criterion unless the assumptions characterize a factor specific to the site, such as bioaccumulation rates, rather than a generic factor, such as the cancer potency and reference dose of the compound. Man-induced pollution that can be controlled or abated shall not be deemed a ground for a proposed alternative criterion.

5. The petition shall include all information required for the Department to complete its economic impact statement for the proposed criterion.

6. For any alternative criterion more stringent than the existing criterion, the petition shall include an analysis of the attainability of the alternative criterion.

7. No later than 180 days after receipt of a complete petition or after a petitioner requests processing of a petition not found to be complete, the Department shall notify the petitioner of its decision on the petition. The Department shall publish in the Florida Administrative Register either a notice of rulemaking for the proposed alternative criterion or a notice of the denial of the petition, as appropriate, within 30 days after notifying the petitioner of the decision. A denial of the petition shall become final within 14 days unless timely challenged under section 120.57, F.S.

(d) The provisions of this subsection do not apply to criteria contained in Rule 62-302.500, F.A.C., or criteria that apply to:

1. Biological Health (subsection 62-302.530(10), F.A.C.).

2. B.O.D (subsection 62-302.530(11), F.A.C.).

3. Odor (subsections 62-302.500(1), 62-302.530(21), 62-302.530(48), paragraphs 62-302.530(49)(b) and 62-302.530(52)(a), F.A.C.).

4. Oils and Greases (subsection 62-302.530(49), F.A.C.).

5. Radioactive Substances (subsection 62-302.530(57), F.A.C.).

6. Substances in concentrations that injure, are chronically toxic to, or produce adverse physiological or behavioral response in humans, animals, or plants (subsection 62-302.530(61), F.A.C.).

7. Substances, other than nutrients, in concentrations that result in the dominance of nuisance species (subsection 62-302.200(20), F.A.C.).

8. Total Dissolved Gases (subsection 62-302.530(66), F.A.C.).

9. Any criterion or maximum concentration based on or set forth in paragraph 62-4.244(3)(b), F.A.C.

(e) Despite any failure of the Department to meet a deadline set forth in this subsection (2), the grant of an alternative criterion shall not become effective unless approved as a rule by the Commission.

(f) Nothing in this rule shall alter the rights afforded to affected persons by chapter 120, F.S.

(3) Type III Site Specific Alternative Criteria (SSAC) for Nutrients: Upon petition by an affected person or upon initiation by the Department, the Department shall establish, by Secretarial Order, site specific numeric nutrient criteria when an affirmative demonstration is made that the proposed criteria achieve the narrative nutrient criteria in paragraph 62-302.530(48)(b), F.A.C., and are protective of downstream waters. Public notice and an opportunity for public hearing shall be provided prior to adopting any order establishing alternative criteria under this subsection.

(a) The Department shall establish a Type III SSAC if all of the following conditions are met:

1. The petitioner demonstrates that the waterbody achieves the narrative nutrient criteria in paragraph 62-302.530(48)(b), F.A.C.

a. For streams, such a demonstration shall require:

I. Information on chlorophyll a levels, algal mats or blooms, nuisance macrophyte growth, and changes in algal species composition indicating that there is not an imbalance in flora; and,

II. At least two temporally independent SCIs, conducted at a minimum of two spatially-independent stations representative of the waterbody or water segment for which a SSAC is requested, with an average score of 40 or higher, with neither of the two most recent SCI scores less than 35.

b. For lakes, such a demonstration shall require:

I. Information on chlorophyll a levels, algal mats or blooms indicating that there is not an imbalance in flora or fauna; and,

II. At least two temporally independent LVIs, with an average score of 43 or above.

c. SCIs and LVIs collected at the same location less than three months apart shall be considered to be one sample, with the mean value used to represent the sampling period. SCIs and LVIs shall be conducted during the water quality sampling period described in subparagraph 62-302.800(3)(a)2., F.A.C. There shall be a minimum of two assessments per station or lake, with at least one assessment conducted during the final year.

2. The petitioner provides sufficient data to characterize water quality conditions, including temporal variability, that are representative of the biological data used to support the SSAC. The water quality data shall be collected in the same waterbody segment as the biological monitoring stations and at a frequency and duration consistent with the study design concepts described in the document titled Development of Type III Site Specific Alternative Criteria (SSAC) for Nutrients, (DEP-SAS-004/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06044), which is incorporated by reference herein. Copies of this document may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400. Water quality data associated with extreme climatic conditions, such as floods, droughts, and hurricanes, shall be excluded from the analysis.

3. Demonstration of downstream protection by one of the following methods:

a. Downstream waters are attaining water quality standards related to nutrient conditions pursuant to Chapter 62-303, F.A.C., or

b. If the downstream waters do not attain water quality standards related to nutrient conditions:

I. The nutrients delivered by the waterbody subject to the Type III SSAC meet the allocations of a downstream TMDL, or

II. The nutrients delivered by the waterbody are shown to provide for the attainment and maintenance of water quality standards in downstream waters.

(b) The SSAC shall be established at a level representative of nutrient loads or concentrations that have been demonstrated to be protective of the designated use by maintaining balanced, natural populations of aquatic flora and fauna. This demonstration shall take into account natural variability by using statistical methods appropriate to the data set, as described in Development of Type III Site Specific Alternative Criteria (SSAC) for Nutrients (DEP-SAS-004/11).

(4) The Department shall modify permits of existing sources affected in a manner consistent with the Secretary’s Order.

(5) Additional relief from criteria established by this Chapter may be provided through exemption pursuant to Rule 62-4.243, F.A.C., or variances as provided for by Rule 62-110.104, F.A.C.

(6) Type II site specific alternative criteria apply to the water bodies, or portions of the water bodies, listed below. For dissolved oxygen site specific alternative criteria, normal daily and seasonal fluctuations above the levels listed in the table below shall be maintained. For site specific alternative criteria with seasonal limits, the generally applicable criteria in Rule 62-302.530, F.A.C., apply at other times of the year.

Water Body and Class

Site Specific Alternative Criteria

County(s)

(a) Marine portions of the lower St. Johns River and its tributaries between Julington Creek and the mouth of the river. Class III.

Dissolved Oxygen not less than a minimum concentration of 4.0 mg/L, and a Total Fractional Exposure not greater than 1.0 over an annual evaluation period as defined by the following equation:

where the number of days in an interval is based on the daily average Dissolved Oxygen concentration.

Duval/Clay/St. Johns

(b) Discharge wetlands at the Orange County Eastern Water Reclamation Facility. Class III.

pH of not greater than 8.5 standard units.

Orange

(c) Fenholloway River from river mile -0.1 to river mile 3.5. Class III.

The annual average compensation depth for photosynthetic activity for phytoplankton shall not be decreased greater than 44.3 percent from background conditions as determined by an annual average compensation depth of at least 0.66 meters at river mile 0.53 (station F06). This value must be based on a minimum of 12 measurements during times when the average flow at Cooey Island Bridge at river mile 7.15 measures less than 200 cubic feet per second.

Taylor

(d) Fenholloway River coastal waters (Apalachee Bay) as spatially defined by the coordinates (83° 49' 29.95" W, 29° 59' 38.70" N), (83° 45' 3.61" W, 29° 57' 22.10" N), (83° 47' 23.50" W, 29° 54' 5.01" N), and (83° 51' 45.47" W, 29° 56' 25.71" N). Class III.

The average of the growing season (May 1 – October 31) average light (as photosynthetically active radiation between 400 and 700 nm) at 1 m depth at stations F10 (83° 47' 6.60" W, 29° 57' 4.20" N) and F11 (83° 48' 27.00" W, 29° 57' 38.40" N) shall be 36 percent or more of surface values based on a minimum of 12 measurements and will only apply during years in which the growing season average flow at Hampton Springs Bridge (USGS gage 02325000 near Perry) is less than or equal to 60 cubic feet per second (after subtracting flows from permitted point sources).

Taylor

(e) Pace Swamp as delineated on the map titled “Pace Swamp pH SSAC Boundary,” dated July 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-04591), which is incorporated by reference herein. Copies of this document may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400. Class III.

pH shall not exceed 7.0 standard units in more than 10 percent of the measurements collected in a calendar year, nor vary below natural background.

Santa Rosa

(f) Northwest Mitigation Area wetlands and Barley Barber Swamp, as delineated on the map titled “Northwest Mitigation Area Wetlands and Barley Barber Swamp Total Ammonia Nitrogen (TAN) SSAC Boundary, August 2020” effective date November 2025, (https://flrules.org/Gateway/reference.asp?No=Ref-18133), which is incorporated by reference herein. Copies of this map may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. Class III.

The 30-day average TAN value shall not exceed the average of the values calculated from the following equation, with no single value exceeding 2.5 times the value from the equation:

T and pH are defined as the paired temperature (°C) and pH associated with the TAN sample. MIN is the minimum of either 6.920 or 7.547 x 100.028(20-T). For purposes of TAN criteria calculations, pH is subject to the range of 6.5 to 9.0. The pH shall be set at 6.5 if measured pH is < 6.5 and set at 9.0 if the measured pH is > 9.0. Calculated values are expressed as milligrams/L as Total Ammonia Nitrogen (TAN = NH4+ + NH3).

Martin

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.502 FS. History–Formerly 17-3.05(4), Amended 3-1-79, 10-2-80, 2-1-83, Formerly 17-3.031, Amended 6-17-92, Formerly 17-302.800, Amended 5-15-02, 1-9-06, 6-28-06, 12-7-06, 8-5-07, 8-5-10, 7-3-12, 8-1-13, 10-6-14, 2-17-16, 11-25-25.

Chapter 62-303 IDENTIFICATION OF IMPAIRED SURFACE WATERS

Fla. Admin. Code R. 62-303.100 Scope and Intent

(1) This chapter establishes a methodology to identify surface waters of the state that will be included on the state’s Planning List of waters that will be assessed pursuant to Sections 403.067(2) and (3), Florida Statutes (F.S.), and a methodology to identify surface waters that will be included on the Study List. It also establishes a methodology to identify impaired waters based on representative data that will be included on the state’s Verified List of impaired waters, for which the Department will calculate Total Maximum Daily Loads (TMDLs), pursuant to Section 403.067(4), F.S., and which will be submitted to the United States Environmental Protection Agency (EPA) pursuant to paragraph 303(d)(1) of the Clean Water Act (CWA).

(2) Many waterbodies naturally do not meet one or more established water quality criteria at all times, even though they meet their designated use. It is not the intent of this chapter to include waters that do not meet otherwise applicable water quality criteria solely due to natural conditions or physical alterations of the waterbody not related to pollutants. Similarly, it is not the intent of this chapter to include waters on the Verified List where designated uses are being met and where water quality criteria exceedances are limited to those parameters for which permitted mixing zones or other moderating provisions [such as site-specific alternative criteria (SSAC)] are in effect. Waters that do not meet otherwise applicable water quality standards due to natural conditions or to pollution not related to pollutants shall be noted in the state’s water quality assessment prepared under section 305(b) of the CWA [305(b)/303(d) Integrated Report].

(3) This chapter is intended to evaluate attainment of water quality standards as set forth in Chapter 62-302, F.A.C., for the purposes of identifying waterbodies or segments for which TMDLs will be established. It is the intent of this chapter to establish requirements that would apply solely for purposes of assessment and listing under CWA section 303(d). However, it is not the intent of this chapter to establish requirements for other purposes under Florida law. In cases where this chapter relies on numeric indicators of ambient water quality as part of the methodology for determining whether existing narrative criteria are being met and the numeric indicators have not been adopted as numeric criteria, these numeric values are intended to be used only in the context of developing the lists pursuant to this chapter. As such, exceedances of these numeric values shall not, by themselves, constitute violations of Department rules that would warrant enforcement action.

(4) Nothing in this rule is intended to limit any actions by federal, state, or local agencies, affected persons, or citizens pursuant to other rules or regulations.

(5) Pursuant to Section 403.067, F.S., impaired waters shall not be listed on the Verified List if reasonable assurance is provided that, as a result of existing or proposed technology-based effluent limitations and other pollution control programs under local, state, or federal authority, they will attain water quality standards in the future and reasonable progress towards attainment of water quality standards will be made within the next six years.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.021(11), 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.150 Relationships Among Planning, Study and Verified Lists

(1) The Department shall follow the methodology in Part II to develop a Planning List and the methodology in Part III to develop a Study List pursuant to Section 403.067(2), F.S. As required by Section 403.067(2), F.S., the Planning List and the Study List shall not be used in the administration or implementation of any regulatory program. The Planning List shall be submitted to EPA for informational purposes only. Waters on the Planning List will be assessed pursuant to Section 403.067(3), F.S., as part of the Department’s watershed management approach. During this assessment, the Department shall determine whether the waterbody is impaired and whether the impairment is due to pollutant loads using the methodology in Part IV. In cases where a waterbody on the Planning List is determined to be impaired but the Department cannot determine the cause of the impairment, the waterbody shall be placed on a Study List for further analysis to determine the causative pollutant(s) or other factors contributing to the impairment. The Study List also addresses increasing nutrient or nutrient response variable trends in waterbodies. The Department shall only place a waterbody on the Verified List if pollutant loading or concentrations cause or contribute to nonattainment of water quality standards. The resultant Verified List of impaired waters, which is the list of waters for which TMDLs will be developed by the Department pursuant to section 403.067(4), F.S., will be adopted by Secretarial Order and will be subject to challenge under Sections 120.569 and 120.57, F.S. Once adopted, the list will be submitted to the EPA pursuant to section 303(d)(1) of the Federal Clean Water Act.

(2) Consistent with state and federal requirements, opportunities for public participation, including workshops, meetings, and periods to submit comments on draft lists, will be provided as part of the basin assessment cycle.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Repromulated 1-2-07, Amended 7-2-12, 2-17-16.

Fla. Admin. Code R. 62-303.200 Definitions

As used in this chapter:

(1) “Biological Health Assessment” shall mean one of the following aquatic community-based biological evaluations: Stream Condition Index (SCI), Lake Vegetation Index (LVI), or Shannon-Weaver Diversity Index.

(2) “Biological Reconnaissance (BioRecon)” shall mean a biological assessment that measures stream health in predominantly fresh waters using benthic macroinvertebrates, performed and calculated using the Standard Operating Procedures (SOP) for the Biological Reconnaissance as described in subparagraph 62-160.800(1)(c)1., F.A.C.

(3) “Clean techniques” shall mean those applicable field sampling procedures and analytical methods referenced in “Method 1669: Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria Levels, July 1996, USEPA, Office of Water, Engineering and Analysis Division, Washington, D.C.,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-06032), which is incorporated by reference. Copies of the procedures and methods may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(4) “Department” or “DEP” shall mean the Florida Department of Environmental Protection.

(5) “Designated use” shall mean the present and future most beneficial use of a body of water as designated by the Environmental Regulation Commission by means of the classification system contained in Chapter 62-302, F.A.C.

(6) “Estuary” shall mean predominantly marine regions of interaction between rivers and nearshore ocean waters, where tidal action and river flow mix fresh and salt water. Such areas include bays, mouths of rivers, and lagoons.

(7) “Impaired water” shall mean a waterbody or waterbody segment that does not meet its applicable water quality standards as set forth in Chapters 62-302 and 62-4, F.A.C., as determined by the methodology in Part IV of this chapter, due in whole or in part to discharges of pollutants from point or nonpoint sources.

(8) “Lake” shall mean a lentic fresh waterbody with a relatively long water residence time and an open water area that is free from emergent vegetation under typical hydrologic and climatic conditions. Aquatic plants, as defined in subsection 62-340.200(1), F.A.C., may be present in the open water. Lakes do not include springs, wetlands, or streams (except portions of streams that exhibit lake-like characteristics, such as long water residence time, increased width, or predominance of biological taxa typically found in non-flowing conditions).

(9) “Lake Vegetation Index (LVI)” shall mean a Biological Health Assessment that measures biological health in predominantly freshwater lakes using aquatic and wetland plants, performed and calculated using the Standard Operating Procedures for the LVI as described in subparagraph 62-160.800(1)(c)2., F.A.C.

(10) “Nuisance species” shall mean species of flora or fauna whose noxious characteristics or presence in sufficient number, biomass, or areal extent may reasonably be expected to prevent, or unreasonably interfere with, a designated use of those waters.

(11) “Nutrient” shall mean total nitrogen (TN), total phosphorus (TP), nitrate-nitrite (NO3 + NO2), or other organic or inorganic forms of nitrogen or phosphorus.

(12) “Nutrient response variable” shall mean a biological variable, such as chlorophyll a, or biomass or structure of the phytoplankton, periphyton or vascular plant community, that responds to nutrient load or concentration in a predictable and measurable manner. For purposes of interpreting paragraph 62-302.530(48)(b), F.A.C., dissolved oxygen (DO) shall also be considered a nutrient response variable if it is demonstrated for the waterbody that DO conditions result in biological imbalance and the DO responds to a nutrient load or concentration in a predictable and measurable manner.

(13) “Nutrient Watershed Region” shall mean a drainage area over which the nutrient thresholds in paragraph 62-302.531(2)(c), F.A.C., apply.

(a) The Panhandle West region consists of the Perdido Bay Watershed, Pensacola Bay Watershed, Choctawhatchee Bay Watershed, St. Andrew Bay Watershed, and Apalachicola Bay Watershed.

(b) The Panhandle East region consists of the Apalachee Bay Watershed, and Econfina/Steinhatchee Coastal Drainage Area.

(c) The North Central region consists of the Suwannee River Watershed and an area in Alachua County stream to sink region affected by the Hawthorne Formation.

(d) The West Central region consists of the Peace, Myakka, Hillsborough, Alafia, Manatee, Little Manatee River Watersheds, Sarasota/Lemon Bay Watershed and small, direct Tampa Bay tributary watersheds south of the Hillsborough River Watershed.

(e) The Peninsula region consists of the Waccasassa Coastal Drainage Area, Withlacoochee Coastal Drainage Area, Crystal/Pithlachascotee Coastal Drainage Area, small, direct Tampa Bay tributary watersheds west of the Hillsborough River Watershed, small, direct Charlotte Harbor tributary watersheds south of the Peace River Watershed, Caloosahatchee River Watershed, Estero Bay Watershed, Imperial River Watershed, Kissimmee River/Lake Okeechobee Drainage Area, Loxahatchee/St. Lucie Watershed, Indian River Watershed, Daytona/St. Augustine Coastal Drainage Area, St. John’s River Watershed, Nassau Coastal Drainage Area, and St. Mary’s River Watershed.

(f) The South Florida region consists of those areas south of the Peninsula region, such as the Cocohatchee River Watershed, Naples Bay Watershed, Rookery Bay Watershed, Ten Thousand Islands Watershed, Lake Worth Lagoon Watershed, Southeast Coast – Biscayne Bay Watershed, Everglades Watershed, Florida Bay Watershed, and the Florida Keys.

A map of the Nutrient Watershed Regions, dated October 17, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06033), is incorporated by reference herein and may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(14) “Open coastal waters” shall mean all gulf or ocean waters that are not classified as estuaries or open ocean waters.

(15) “Open ocean waters” means all surface waters extending seaward from the most seaward natural 90-foot (15-fathom) isobath. Contour lines may be determined from National Oceanic and Atmospheric Administration Charts.

(16) “Physical alterations” shall mean human-induced changes to the physical structure of the waterbody.

(17) “Planning List” shall mean the list of potentially impaired surface waters or segments identified pursuant to Part II of this chapter where additional information is needed to evaluate whether the water is impaired and a TMDL is needed, as provided in Section 403.067(2), F.S.

(18) “Pollutant” shall be as defined in section 502(6) of the CWA. Characteristics of a discharge, including dissolved oxygen, pH, or temperature, shall also be defined as pollutants if they result or may result in the potentially harmful alteration of downstream waters.

(19) “Pollution” shall be as defined in section 502(19) of the CWA and Section 403.031(7), F.S.

(20) “Predominantly fresh waters” shall mean surface waters in which the chloride concentration is less than 1,500 milligrams per liter or specific conductance is less than 4,580 µmhos/cm. Measurements from within the bottom half of the water column shall be the primary factor for this determination.

(21) “Predominantly marine waters” shall mean surface waters in which the chloride concentration is greater than or equal to 1,500 milligrams per liter or specific conductance is greater than or equal to 4,580 µmhos/cm. Measurements for making this determination shall be taken within the bottom half of the water column.

(22) “Reference water” means a waterbody that exhibits a range of physical, chemical and biological characteristics approximating the natural background conditions of the same, or similar, type of waterbody within an ecologically similar region. A reference water may be representative of the water quality and structure and function of biological communities of natural background conditions even if there is evidence of limited human disturbance in the waterbody or watershed, as long as anthropogenic sources do not produce a significant measurable or predicted effect on the parameter of concern in the waterbody.

(23) “Secretary” shall mean the Secretary of the Florida Department of Environmental Protection.

(24) “Shannon-Weaver Diversity Index” shall mean: negative summation (from i=1 to s) of (ni/N) log2 (ni/N) where s is the number of species in a sample, N is the total number of individuals in a sample, and ni is the total number of individuals in species i.

(25) “Spill” shall mean a short-term, unpermitted discharge to surface waters, not to include sanitary sewer overflows or chronic discharges from leaking wastewater collection systems.

(26) “Spring vent” shall mean a location where groundwater flows out of a natural, discernable opening in the ground onto the land surface or into a predominantly fresh surface water.

(27) “Stream” shall mean a predominantly fresh surface waterbody that flows in a defined channel with banks. Streams do not include wetlands or portions of streams that exhibit lake characteristics (e.g., long water residence time, increased width, and predominance of biological taxa typically found in non-flowing conditions).

(28) “Stream Condition Index (SCI)” shall mean a Biological Health Assessment that measures stream biological health in predominantly fresh waters using benthic macroinvertebrates, performed and calculated using the Standard Operating Procedures for the SCI as described in subparagraph 62-160.800(1)(c)3., F.A.C. For water quality standards purposes, the Stream Condition Index shall not apply in the South Florida Nutrient Watershed Region.

(29) “Study List” shall mean the list of surface waters or segments where additional information is needed, as identified in Rule 62-303.390, F.A.C.

(30) “Surface water” means those waters of the State upon the surface of the earth to their landward extent, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.

(31) “Total Maximum Daily Load” (TMDL) for an impaired waterbody or waterbody segment shall mean the sum of the individual wasteload allocations for point sources and the load allocations for nonpoint sources and natural background. Prior to determining individual wasteload allocations and load allocations, the maximum amount of a pollutant that a waterbody or waterbody segment can assimilate from all sources without exceeding water quality standards must first be calculated.

(32) “Verified List” shall mean the list of impaired waterbodies or segments for which TMDLs will be developed, as provided in Section 403.067(4), F.S., and which will be submitted to EPA pursuant to section 303(d)(1) of the CWA.

(33) “Water quality criteria” shall mean elements of State water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports the present and future most beneficial uses.

(34) “Water quality standards” shall mean standards composed of designated present and future most beneficial uses (classification of waters), the numeric and narrative criteria, including Site Specific Alternative Criteria, applied to the specific water uses or classification, the Florida antidegradation policy, and the moderating provisions, such as variances, mixing zone rule provisions, or exemptions.

(35) “Water segment” shall mean a portion of a waterbody that the Department will assess and evaluate for purposes of determining whether the waterbody is impaired and whether the impairment is due to pollutant discharges.

(36) “Waters” shall be those surface waters described in Section 403.031, F.S.

PART II

THE PLANNING LIST

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 6-5-06, 12-11-06, 7-2-12, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.300 Methodology to Develop the Planning List

This part establishes a methodology for developing a Planning List of waters to be assessed pursuant to Sections 403.067(2) and (3), F.S. Unless information presented to the Department demonstrates otherwise, data older than 10 years are not representative of current conditions and shall not be used except to evaluate historical trends. Any determinations by the Department to use data older than 10 years shall be documented, and the documentation shall include the basis for the decision.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 8-1-13, 2-17-16.

Fla. Admin. Code R. 62-303.310 Evaluation of Aquatic Life Use Support

A Class I, I-Treated, II, III, or III-Limited water shall be placed on the Planning List for assessment of aquatic life use support (propagation and maintenance of a healthy, well-balanced population of fish and wildlife) if, based on sufficient quality and quantity of data, the waterbody:

(1) Exceeds applicable aquatic life-based thresholds as outlined in Rule 62-303.320, F.A.C.;

(2) Does not meet Biological Health Assessment thresholds for its waterbody type as outlined in Rule 62-303.330, F.A.C., or

(3) Exceeds nutrient impairment thresholds or numeric nutrient standards as outlined in Rules 62-303.350 through 62-303.354, F.A.C.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 7-2-12, 2-17-16, 10-17-16.

Fla. Admin. Code R. 62-303.320 Aquatic Life-Based Water Quality Criteria Assessment

(1) Water segments shall be placed on the Planning List if, using objective and credible data, as defined by the requirements specified in this section, the number of samples that do not meet an applicable water quality criterion due to pollutant discharges is greater than or equal to the number listed in Table 1 for the given sample size. For sample sizes up to 500, waters are placed on the Planning List when 10 percent or more of the samples do not meet the applicable criteria with a minimum of an 80 percent confidence level using a binomial distribution. For sample sizes greater than 500, the Department shall calculate the number of samples not meeting the criterion that are needed to list the waterbody with an 80 percent confidence level for the given sample size using the binomial distribution.

Table 1: Planning List

Minimum number of samples not meeting an applicable water quality

criterion needed to put a water on the Planning List with at least 80% confidence.

Sample sizes

Are listed if they have at least this # of samples that do not meet a criterion

Sample sizes

Are listed if they have at least this # of samples that do not meet a criterion

From

To

From

To

10

15

3

256

264

31

16

23

4

265

273

32

24

31

5

274

282

33

32

39

6

283

292

34

40

47

7

293

301

35

48

56

8

302

310

36

57

65

9

311

320

37

66

73

10

321

329

38

74

82

11

330

338

39

83

91

12

339

348

40

92

100

13

349

357

41

101

109

14

358

367

42

110

118

15

368

376

43

119

126

16

377

385

44

127

136

17

386

395

45

137

145

18

396

404

46

146

154

19

405

414

47

155

163

20

415

423

48

164

172

21

424

432

49

173

181

22

433

442

50

182

190

23

443

451

51

191

199

24

452

461

52

200

208

25

462

470

53

209

218

26

471

480

54

219

227

27

481

489

55

228

236

28

490

499

56

237

245

29

500

500

57

246

255

30

(2) The Department’s Florida Storage and Retrieval (FLASTORET) database, Water Information Network (WIN) or their successors, shall be the primary source of data used for determining whether samples do not meet water quality criteria. As required by subsection 62-40.540(3), F.A.C., the Department, other state agencies, the Water Management Districts, and local governments collecting surface water quality data in Florida shall enter the data into WIN, or its successors, within one year of collection. Other sampling entities that want to ensure their data will be considered for evaluation should ensure their data are entered into WIN, or its successors. The Department shall consider data submitted to the Department from other sources and databases if the data meet the sufficiency and data quality requirements of this section.

(3) Unless information presented to the Department demonstrates otherwise, data older than 10 years are not representative of current conditions and shall not be used to develop Planning Lists except to evaluate historical trends or background conditions. Any determinations by the Department to use data older than 10 years shall be documented, and the documentation shall include the basis for the decision that the data are representative of current conditions. Further, more recent data shall take precedence over older data if:

(a) The newer data indicate a change in water quality and this change is related to changes in anthropogenic pollutant loading to the watershed or improved pollution control mechanisms in the watershed contributing to the assessed area, or

(b) The Department determines that the older data do not meet the data quality requirements of this section or are no longer representative of the water quality of the segment. The Department shall note for the record that the older data were excluded and provide details about why the older data were excluded.

(4) To place a water segment on the Planning List using Table 1, a water segment shall have a minimum of ten samples for the ten-year period, with at least five temporally independent samples. To be treated as a temporally independent sample, samples shall be at least one week apart, regardless of whether the samples are collected at different locations within the segment.

(a) For parameters other than dissolved oxygen (DO), samples collected at the same location less than four days apart shall be considered as one sample, with the median value used to represent the sampling period. However, if individual values exceed acutely toxic levels as listed in Table 2, then the worst-case value shall be used to represent the sampling period. The worst-case value is both the minimum and maximum for pH, or the maximum value for other parameters.

(b) For assessing daily average DO in freshwaters, the following provisions apply:

1. For lakes, the daily average DO shall be calculated as the average of measurements collected in the upper two meters of the water column at the same location and on the same day.

2. For all other fresh waters, the daily average freshwater DO shall be calculated as the average of all measurements collected in the water column at the same location and on the same day.

3. If any individual DO measurement is greater than 100 percent saturation, 100 percent shall be substituted for that value for the purpose of calculating daily averages.

4. The daily average freshwater DO criteria shall be assessed preferentially using daily average values calculated from full days of diel monitoring data. A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour. If diel monitoring data are not available, instantaneous samples may be used to assess the DO criterion by comparing the instantaneous value with a time-of-day-specific translation of the daily average criterion. To determine the time-of-day-specific translation of the daily average criterion, the time (T) at which the DO sample was taken (in minutes past midnight) is entered into the appropriate equation below for the applicable region and waterbody type. The actual DO measurement collected at a given time is assessed against the calculated time-of-day-specific translation for that time, and if the instantaneous DO is greater than or equal to the calculated value, the daily average DO criterion is achieved.

Region

Equations for Time-of-Day-Specific Translation of the Daily Average DO Criterion

Streams

Northeast + Big Bend

1.1844 x 10-13 • T5 – 4.1432 x 10-10 • T4 + 4.7729 x 10-7 • T3 – 1.9692 x 10-4• T2 + 0.02314 • T + 31.24

Peninsula +

Everglades

1.9888 x 10-13 • T5 – 6.8941 x 10-10 • T4 + 7.8373 x 10-7 • T3 – 3.1598 x 10-4• T2 + 0.03551 • T + 33.43

Panhandle West

9.0851 x 10-14 • T5 – 2.9941 x 10-10 • T4 + 3.1560 x 10-7 • T3 – 1.0851 x 10-4• T2 + 0.006285 • T + 65.61

Lakes

Northeast + Big

Bend

1.4578 x 10-13 • T5 – 5.5607 x 10-10 • T4 + 7.0683 x 10-7 • T3 – 3.1879 x 10-4• T2 + 0.02817 • T + 34.19

Peninsula +

Everglades

1.3709 x 10-13 • T5 – 5.0496 x 10-10 • T4 + 6.1352 x 10-7 • T3 - 2.5817 x 10-4• T2 + 0.01960 • T + 37.14

Panhandle West

7.1190 x 10-14 • T5 – 2.6420 x 10-10 • T4 + 3.2247 x 10-7 • T3 – 1.3607 x 10-4• T2 + 0.01071 • T + 66.35

5. If multiple instantaneous DO samples are available in a day, the time-of-day-specific translation of the daily average criterion will be calculated for each individual sample. Achievement of the daily average DO criteria will be assessed by comparing the average of the actual DO measurements collected at each time against the average of the calculated time-of-day-specific translations for each time. If the average of the measured DO values is greater than or equal to the average of the time-of-day-specific translations of the criteria, the daily average DO criterion is achieved. An average of multiple daily values calculated in this manner will be considered as a single sample for assessment purposes.

(c) Samples collected within 200 meters of each other will be considered the same station or location, unless there is a tributary, an outfall, or significant change in the hydrography of the water.

(d) Samples collected from different stations within a water segment shall be assessed as separate samples even if collected at the same time.

(e) In making the determination to list water segments, the Department shall consider ambient background conditions, including seasonal and other natural variations.

Table 2. Acutely Toxic Levels for Parameters with Aquatic Life-Based Criteria

Parameter

Units

Freshwater Value

Marine Value

Aldrin

ug/L

3

1.3

Aluminum

ug/L

750

N/A

Arsenic

ug/L

340

69

Cadmium

ug/L

exp((1.0166*(lnH))-3.924)

40

Carbaryl

ug/L

2.1

1.6

Chlordane

ug/L

2.4

0.09

Chlorine

ug/L

19

13

Chlorpyrifos

ug/L

0.083

0.011

Chromium III

ug/L

exp((0.8190(lnH))+3.7256)

N/A

Chromium VI

ug/L

16

1100

Copper

ug/L

exp((0.9422*(lnH))-1.700)

5.8

Cyanide

ug/L

22

1

DDT

ug/L

1.1

0.13

Diazinon

ug/L

0.17

0.82

Dieldrin

ug/L

0.24

0.71

Endosulfan

ug/L

0.22

0.034

Endrin

ug/L

0.086

0.037

Heptachlor

ug/L

0.52

0.053

Lead

ug/L

exp((1.273(lnH))-1.460)

221

Lindane

ug/L

0.95

0.16

Nickel

ug/L

exp((0.8460(lnH))+2.255)

75

Nonylphenol

ug/L

28

7

Pentachlorophenol

ug/L

exp(1.005(pH)-4.869)

13

Selenium

ug/L

N/A

290

Silver

ug/L

exp((1.72(lnH))-6.59)

2.2

Toxaphene

ug/L

0.73

0.21

Zinc

ug/L

exp((0.8473(lnH))+0.884)

95

(5) For assessment of DO in the portions of the Suwannee, Withlacoochee (North), and Santa Fe Rivers utilized by the Gulf Sturgeon, and in the portions of the Santa Fe and New Rivers utilized by the Oval Pigtoe Mussel, waters will be listed on the Planning List when more than 50 percent of the daily average values are below the applicable median or more than 10 percent of the daily average values are below the applicable 10th percentile value at a minimum of a 80 percent confidence level using the binomial distribution. The applicable median and 10th percentile values are specified by river segment in Appendix I of the “Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters, June 2025” (incorporated by reference in paragraph 62-302.533(1)(e), F.A.C.).

(6) For predominantly marine waters, the Department shall evaluate the daily average DO criterion using Table 1 set forth in subsection 62-303.320(1), F.A.C., above, and shall also evaluate whether the 7-day and 30-day average criteria have been achieved during the assessment period. A water segment shall be placed on the Planning List for potential DO impairment if the number of samples that do not meet the daily average DO criterion is greater than or equal to the number listed in Table 1 for the given sample size, or if it has a weekly average value below the 7-day average DO criterion or a monthly average value below the 30-day DO criterion in the assessment period.

(a) If any individual DO measurement is greater than 100 percent saturation, 100 percent shall be substituted for that value for the purpose of calculating daily, weekly and monthly averages.

(b) Where DO values are collected at multiple depths at a given station and time, the average of the values shall be used to represent the measurements unless any of the individual DO values are less than 2 mg/l, in which case the lower 25th percentile of the measured values shall be used.

(c) For assessment purposes, the 7-day average DO percent saturation shall be calculated as a weekly average using a minimum of three full days of diel data collected within a week, or a minimum of ten grab samples collected over at least three days within a week, with each sample measured at least four hours apart.

(d) For assessment purposes, the 30-day average DO percent saturation shall be calculated as a monthly average using a minimum of three full days of diel data, with at least one day of data collected in three different weeks of the 30-day period, or grab samples collected from a minimum of ten different days of the 30-day period.

(e) A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour.

(7) Notwithstanding the requirements of subsection (4), water segments shall be included on the Planning List if:

(a) There are less than ten samples for the segment, but there are three or more temporally independent samples that do not meet an applicable water quality criterion, or

(b) More than one sample do not meet an acute toxicity-based water quality criterion listed in subsection 62-302.500(1), F.A.C., or a water quality criterion for a synthetic organic compound or synthetic pesticide in any three year period.

(8) Values that exceed possible physical or chemical measurement constraints (pH greater than 14, for example) or that represent data transcription errors shall be excluded from the assessment. Outliers identified through statistical procedures shall be evaluated to determine whether they represent valid measures of water quality. If the Department determines that they are not valid, they shall be excluded from the assessment. However, the Department shall note for the record that the data were excluded and explain why they were excluded.

(9) The Department shall consider all readily available water quality data collected and analyzed in accordance with Chapter 62-160, F.A.C. If requested, the sampling agency must provide to the Department all of the data quality assessment elements listed in Table 2 of the Department’s Guidance Document “Data Quality Assessment Elements for Identification of Impaired Surface Waters” (DEP EAS 01-01, April 2001) (http://www.flrules.org/Gateway/reference.asp?No=Ref-06034), which is incorporated by reference herein. Copies of the document may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(10) For the assessment of metals criteria:

(a) Surface water data for mercury shall be collected and analyzed using clean sampling and analytical techniques; and,

(b) The corresponding hardness value shall be required for freshwater metals criteria that are hardness dependent. If the ambient hardness value is less than 25 mg/L as CaCO3, then a hardness value of 25 will be used to calculate the criteria. If data are not used due to sampling or analytical techniques or because hardness data were not available, the Department shall note for the record that data were excluded and explain why they were excluded.

(11) For the assessment of the DO criteria, any DO data collected as a concentration in mg/L shall be converted to percent saturation using the temperature and salinity measured at the same location within fifteen minutes of the DO measurement. Percent DO saturation shall be calculated using the method in Section 5.4 of the “Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters,” (DEP-SAS-001/13) dated March 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02958), which is incorporated by reference herein. Copies of Section 5.4 may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(12) Surface water data with values below the applicable practical quantification limit (PQL) or method detection limit (MDL) shall be assessed in accordance with paragraphs 62-4.246(6)(b) and (c), and subsection 62-303.320(8), F.A.C. Results reported by a laboratory with the “U” data qualifier code according to paragraphs 62-160.340(3)(b) and (c), F.A.C., shall be assessed as half the reported result or half the criterion, whichever is lower.

(a) If sampling entities want to ensure that their data will be considered for evaluation, they should review the Department’s list of approved MDLs and PQLs developed pursuant to Rule 62-4.246, F.A.C., and, if available, use approved analytical methods with MDLs below the applicable water quality criteria. If there are no approved methods with MDLs below a criterion, then the method with the lowest MDL should be used. Analytical results listed as below detection or below the MDL shall not be used for developing Planning Lists if the MDL was above the criteria and there were, at the time of sample collection, approved analytical methods with MDLs below the criteria on the Department’s list of approved MDLs and PQLs.

(b) If appropriate analytical methods were used, then data with values below the applicable MDL will be deemed to meet the applicable water quality criterion and data with values between the MDL and PQL will be deemed to be equal to the MDL, except for the assessments of numeric interpretations of the narrative nutrient criterion in Rule 62-303.350, F.A.C., values between the MDL and PQL will be assessed as reported, consistent with the criteria derivation.

(13) It should be noted that the data requirements of this rule constitute the minimum data set needed to assess a water segment for impairment. Agencies or groups designing monitoring networks are encouraged to consult with the Department to determine the sample design appropriate for their specific monitoring goals.

(14) A water segment shall be placed on the Planning List for DO impairment if there has been a statistically significant decreasing trend in DO levels or increasing trend in the range of daily DO fluctuations over the assessment period at the 90 percent confidence level using a one-sided Seasonal Kendall Trend Test, as described in Helsel, D.R. and R.M. Hirsch, 2002, Statistical Methods in Water Resources, USGS, pages 338 through 340 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02962), which are incorporated by reference herein, after controlling for or removing the effects of confounding variables, such as climatic and hydrologic cycles, quality assurance issues, and changes in analytical methods, and except as provided for under Rules 62-302.300 and 62-4.242, F.A.C. A copy of pages 338 through 340 may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(15) For assessment of the 30-day average total ammonia criterion, the monthly average total ammonia shall be calculated for a station using a minimum of four samples collected within the month. A water segment shall be placed on the Planning List for potential total ammonia impairment if a station within the segment has a monthly average value above the 30-day average criterion in the assessment period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 8-1-13, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.330 Biological Assessment

(1) Biological data must meet the requirements of subsections (3) and (8) in Rule 62-303.320, F.A.C.

(2) Biological Health Assessments used to evaluate predominantly freshwater streams and lakes under this rule shall include the Stream Condition Index (SCI), the Lake Vegetation Index (LVI), and the Shannon-Weaver Diversity Index. BioRecons can also be used to evaluate predominantly freshwater streams under this rule. Because these Biological Health Assessment procedures require specific training and expertise, persons conducting a BioRecon, SCI or LVI must comply with the quality assurance requirements, as set forth in Chapter 62-160, F.A.C., before their Biological Health Assessment data will be considered valid for use under this rule.

(3) A water segment shall be included on the Planning List if it meets any of the following conditions, given a minimum sample size of one bioassessment:

(a) One of the two most recent Shannon-Weaver Diversity Index (subsection 62-302.530(10), F.A.C.) scores is less than 75 percent of the value from an appropriate control site.

(b) The average score of all SCIs is below 40.

(c) One of the two most recent SCI scores is:

1. A score of less than 35, or

2. A 20 point reduction from the historic maximum value if the historic maximum value SCI is above 64.

(d) One of the two most recent BioRecon has a score less than 4.

(e) The average score of all the temporally independent LVI scores is below 43 for a lake segment.

(f) One of the two most recent LVI scores is:

1. A score less than 30, or

2. A 20 point reduction from the historic maximum value if the historic maximum value LVI is above 78.

(4) The “historic maximum value” shall be the highest mean of any three consecutive, temporally independent Stream Condition Index (SCI) scores or Lake Vegetation Index (LVI) scores at the same location that are collected prior to the most recent sample being considered for evaluation with this provision. For the purposes of setting historic maximum values, the “same location” for a stream shall be defined as being within 200 meters.

(5) To qualify as temporally independent samples, each Biological Health Assessment shall be conducted at least 90 days apart. Biological Health Assessments conducted within 200 meters in a stream or within the same lake less than 90 days apart shall be considered one sample, with the mean value used to represent the sampling period. Biological Health Assessments conducted at locations greater than 200 meters apart in a stream shall be assessed as independent scores regardless of temporal separation of samples.

(6) Other information relevant to the biological health of the water segment, including toxicity tests and information about alterations in the type, nature, or function of a waterbody, shall also be considered when assessing aquatic life use support.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 7-2-12, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.340 Toxicity

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Repealed 12-11-06.

Fla. Admin. Code R. 62-303.350 Assessments of Numeric Interpretations of Narrative Nutrient Criterion

(1) The numeric interpretations of the narrative nutrient criterion in Rules 62-302.531 and 62-302.532, F.A.C., and the nutrient impairment thresholds identified in Rules 62-303.351 through 62-303.354, F.A.C., shall be the primary means for assessing whether a water should be assessed further for nutrient impairment. Other information indicating an imbalance in flora or fauna due to nutrient enrichment, such as algal blooms or mats, excessive nuisance macrophyte growth, decrease in the distribution (either in density or areal coverage) of seagrasses or other submerged aquatic vegetation, adverse changes in algal species composition, excessive diel oxygen swings, shall also be considered for placing waters on the Planning List.

(2) To be used to determine whether a waterbody should be assessed further for nutrient enrichment, data must meet the requirements of subsections and paragraphs (2), (3), (4)(a), (4)(c)-(e), (8), (9), (12) and (13), in Rule 62-303.320, F.A.C.

(3) To calculate an annual geometric or arithmetic mean for TN, TP, NO3-NO2, or chlorophyll a, there shall be at least four temporally-independent samples per year with at least one sample collected between May 1 and September 30 and at least one sample collected during the other months of the calendar year. To be treated as temporally-independent, samples must be collected at least one week apart.

(4) To assess nutrient criteria expressed as a long-term average of annual means, annual medians, or annual geometric means for TN, TP, NO3-NO2, or chlorophyll a, the long-term average of annual means, annual medians, or annual geometric means shall be based on data from at least 3 years meeting the minimum data requirements of subsection 62-303.350(3), F.A.C.

(5) To assess nutrient criteria expressed as a long-term average for TN, TP, NO3-NO2, or chlorophyll a, the long-term average for nutrients shall be based on a minimum of 10 data points over at least 3 years, with at least two temporally independent samples per year, with at least one sample collected between May 1 and September 30 and at least one sample collected during the other months of the calendar year.

(6) The assessment of nutrient criteria expressed as a salinity or specific conductance dependent equation shall be based on salinity or specific conductance measurements taken at the same station and time as the applicable nutrient concentration samples.

(7) To assess nitrate-nitrite criteria expressed as monthly averages, the monthly average nitrate-nitrite shall be calculated using a minimum of one sample collected within the month.

(8) To be assessed under this chapter, except for data used to establish historical chlorophyll a levels and estuary-specific numeric interpretations of the narrative nutrient criterion for estuaries in subparagraphs 62-302.532(1)(b)1.-7., F.A.C., chlorophyll a data shall be determined using Department-approved methods as measured according to the requirements as set forth in Chapter 62-160, F.A.C.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 7-2-12, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.351 Nutrients in Freshwater Streams

A stream or stream segment shall be included on the Planning List for nutrients if:

(1) The applicable numeric interpretation of the narrative nutrient criterion for streams established in subsection 62-302.531(2), F.A.C., is exceeded for any parameter; taking into consideration the floral metrics for the Rapid Periphyton Survey (RPS), Linear Vegetation Survey (LVS), and chlorophyll a, the nutrient thresholds for TN and TP, and SCI results for the stream, consistent with the document titled “Implementation of Florida’s Numeric Nutrient Standards for Streams, June 2025” (incorporated by reference in subsection 62-302.200(36), F.A.C.);

(2) For streams meeting the definition in subsection 62-302.200(36), F.A.C., that do not have a site specific numeric interpretation of the narrative nutrient criterion, the nutrient thresholds in subparagraph 62-302.531(2)(c)2., F.A.C., are exceeded and insufficient Biological Health Assessment data are available to fully assess achievement of the nutrient provisions in subparagraph 62-302.531(2)(c)1., F.A.C., or if there is an annual geometric mean chlorophyll a greater than 3.2 ug/L;

(3) Algal mats or blooms are present in sufficient quantities to pose a nuisance or hinder reproduction of a threatened or endangered species, or other information is available, pursuant to Rule 62-303.350, F.A.C., indicating an imbalance in flora or fauna due to nutrient enrichment;

(4) An annual geometric mean chlorophyll a is greater than 20 ug/l, or

(5) There is a statistically significant increasing trend in the annual geometric means at the 95 percent confidence level in TN, TP or chlorophyll a over the assessment period using the Mann-Kendall Trend Test. To calculate the trend there must be a minimum of four annual geometric means in the assessment period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Repromulgated 1-2-07, 7-2-12, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.352 Nutrients in Freshwater Lakes

(1) Lakes or lake segments shall be included on the Planning List for nutrients if:

(a) The numeric interpretation of the narrative nutrient criterion established in subsection 62-302.531(2), F.A.C., is exceeded for any parameter;

(b) Algal mats or blooms are present in sufficient quantities to pose a nuisance or hinder reproduction of a threatened or endangered species, or other information is available, pursuant to Rule 62-303.350, F.A.C., indicating an imbalance in flora or fauna due to nutrient enrichment; or

(c) There is a statistically significant increasing trend in the annual geometric means at the 95 percent confidence level in TN, TP, or chlorophyll a over the assessment period using the Mann-Kendall Trend Test. To calculate the trend there must be a minimum of four annual geometric means in the assessment period; or

(d) There are insufficient data to calculate the long-term geometric mean for color, alkalinity or specific conductance for a lake, the lake shall be included on the Planning List if:

1. the annual geometric mean chlorophyll a value is greater than 6 ug/L in at least one year,

2. the annual geometric mean total nitrogen value is greater than 0.51 mg/L in at least one year, or

3. the annual geometric mean total phosphorus value is greater than 0.01 mg/L in at least one year.

(2) Color, alkalinity, and specific conductance data used to establish the applicable lake criteria are subject to the data sufficiency requirements in sub-subparagraph 62.302.531(2)(b)1.c., F.A.C.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 7-2-12, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.353 Nutrients in Estuaries and Open Coastal Waters

Estuaries, estuary segments, or open coastal waters shall be included on the Planning List for nutrients if:

(1) The numeric interpretation of the narrative nutrient criterion established in subsection 62-302.532(1) or 62-302.532(2), F.A.C., is exceeded for any parameter, or

(2) For estuaries without a numeric interpretation of the narrative nutrient criterion, their annual geometric mean chlorophyll a for any year is greater than 11 ug/l;

(3) Algal mats or blooms are present in sufficient quantities to pose a nuisance or hinder reproduction of a threatened or endangered species, or other information is available, pursuant to Rule 62-303.350, F.A.C., indicating an imbalance in flora or fauna due to nutrient enrichment; or

(4) There is a statistically significant increasing trend in the annual geometric means at the 95 percent confidence level in TN, TP, or chlorophyll a over the assessment period using the Mann-Kendall Trend Test. To calculate the trend there must be a minimum of four annual geometric means in the assessment period; or

(5) For estuaries with nutrient criteria expressed as not to be exceeded in more than 10 percent of the samples, the nutrient data exceed the listing thresholds in subsection 62-303.320(1), F.A.C. Data must meet the requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), (8), and (9), F.A.C.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 7-2-12, 8-1-13, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.354 Nitrate-nitrite in Freshwater Spring Vents

A spring vent in predominantly fresh waters shall be included on the Planning list for nitrate-nitrite if:

(1) The numeric interpretation of the narrative nutrient criterion established in subsection 62-302.531(2), F.A.C., is exceeded, or

(2) Algal mats or blooms are present in sufficient quantities to pose a nuisance or hinder reproduction of a threatened or endangered species, or other information is available, pursuant to Rule 62-303.350, F.A.C., indicating an imbalance in flora or fauna due to nutrient enrichment; or

(3) There is a statistically significant increasing trend in the annual geometric means at the 95 percent confidence level in nitrate-nitrite over the assessment period using the Mann Kendall Trend Test. To calculate the trend there must be a minimum of four annual geometric means in the assessment period; or

(4) For a spring with a nitrate-nitrite criterion expressed as a monthly average, there is a sufficient number of samples from the water segment that do not meet the applicable water quality criterion based on the data sufficiency requirements in subsection 62-303.350(7), F.A.C. Data must meet the requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), (8), and (9), F.A.C.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 7-2-12, Amended 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.360 Primary Contact and Recreation Use Support

(1) A Class I, I-Treated, II, III or III-Limited (if primary contact and recreational use is not limited) water shall be placed on the Planning List for evaluating primary contact and recreation use support based on bacteriological data if:

(a) There is a sufficient number of samples from the water segment that do not meet the applicable water quality criteria for E. coli for predominantly freshwaters or enterococci for predominantly marine waters expressed as a Ten Percent Threshold Value (TPTV) based on the methodology described in subsection 62-303.320(1), F.A.C. Data must meet the requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), (8), and (9), F.A.C. Samples collected on different days will be assessed as individual samples and samples collected on the same day shall be averaged, or

(b) The waterbody includes a sampling location that has one or more monthly geometric mean values above the monthly geometric mean E. coli criterion for predominantly freshwaters or enterococci criterion for predominantly marine waters during the assessment period. To calculate a monthly geometric mean, for Class I or Class I-Treated waters, there shall be at least 5 samples taken on five different days over a calendar month. For Class II, Class III, or Class III-Limited waters, there shall be at least 10 ten samples collected on ten different days over a calendar month. Data must meet the requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), (8), and (9), F.A.C., and samples collected on different days will be assessed as individual samples and samples collected on the same day shall be averaged.

(2) A Class I, I-Treated, II, III or III-Limited water shall be placed on the Planning List for evaluating primary contact and recreation use support based on bathing area closures, advisories, or warnings issued by a local health department or county government if:

(a) The water segment includes a bathing area that was closed by a local health Department or county government for more than one week or more than once during a calendar year based on bacteriological data, or

(b) The water segment includes a bathing area for which a local health Department or county government has issued closures, advisories, or warnings totaling 21 days or more during a calendar year based on bacteriological data, or

(c) The water segment includes a bathing area that was closed or had advisories or warnings for more than 12 weeks during a calendar year by a local health Department or county government based on derived relationships between bacteria levels and rainfall or flow.

(3) The Florida Department of Health (DOH) database shall be the primary source of data used for determining bathing area closures, advisories, and warnings.

(4) Advisories, warnings, and closures based on red tides, rip tides, dangerous aquatic life, hurricanes, or short-term releases of pollutants, such as sewage spills, sewer line breaks, and medical wastes, shall not be included when assessing primary contact and recreation use support. However, the Department shall note for the record that closures, advisories, or warnings were excluded and explain why they were excluded.

(5) A Class I, I-Treated, II, III, or III-Limited water shall be placed on the Planning List for evaluating primary contact and recreation use support based on health alert notifications issued by a county health department due to the detection of an algal toxin. The health alert notifications shall total at least 21 days during a calendar year.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 9-4-07, 8-1-13, 2-17-16, 10-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.370 Fish and Shellfish Consumption Use Support

(1) A Class I, I-Treated, II, III or III-Limited water shall be placed on the Planning List for fish consumption if DOH has issued an advisory to limit consumption of any fish species from that water to one meal per week or less frequent consumption.

(2) A Class II water shall be placed on the Planning List for shellfish consumption based on its shellfish harvesting classification if the water segment includes an area that is classified by the Department of Agriculture and Consumer Services’ Division of Aquaculture in one of the following shellfish harvesting classifications:

(a) Restricted or conditionally restricted;

(b) Conditionally approved, or

(c) Prohibited, unless the prohibited classification is precautionary and not based on water quality data.

(3) A Class II water shall be placed on the Planning List for shellfish consumption based on bacteriological data if:

(a) There is a sufficient number of samples from the water segment that do not meet the applicable Class II water quality criteria for fecal coliforms based on the methodology described in subsection 62-303.320(1), F.A.C. Data must meet the requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), and (8), (9), F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days will be assessed as individual samples, or

(b) The water segment includes a sampling location that has a median fecal coliform Most Probable Number (MPN) or Membrane Filter (MF) value that exceeds 14 counts per 100 ml for the assessment period. To calculate a median value for a sampling location, there shall be at least 10 samples collected during the assessment period. Data must meet the requirements of subsections (2)-(4), (8), and (9), in Rule 62-303.320, F.A.C., however samples collected on different days within any four day period will be assessed as individual samples and samples collected on the same day shall be averaged.

(c) When evaluating a water segment for bacteriological quality, the criteria in paragraph 62-302.530(6)(a), F.A.C., used for fecal coliform shall be that the MPN shall not exceed 43 counts per 100 ml and the MF shall not exceed 31 counts per 100 ml.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 9-4-07, 8-1-13, 2-17-16, 10-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.380 Drinking Water Use Support and Protection of Human Health

(1) A Class I or Class I-Treated water shall be placed on the Planning List for potential impairment of drinking water use support and the protection of human health based on bacteriological data if:

(a) There is a sufficient number of E. coli samples from the water segment that do not meet the applicable Class I or Class I-Treated water quality criteria for bacteriological quality expressed as a Ten Percent Threshold Value (TPTV) based on the methodology described in Rule 62-303.320, F.A.C. Data must meet the requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(e), (8), and (9), F.A.C. Samples collected on different days will be assessed as individual samples and samples collected on the same day shall be averaged, or

(b) The water segment includes a sampling location that has one or more monthly geometric mean values above the monthly geometric mean E.coli criterion during the assessment period. To calculate a monthly geometric mean value for a sampling location, there shall be at least five samples collected within that month, with at least one sample from each full week of the month. Data must meet the requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), (8), and (9), F.A.C. Samples collected on different days will be assessed as individual samples and samples collected on the same day shall be averaged.

(2) A Class I or Class I-Treated water shall be placed on the Planning List for potential impairment of drinking water use support and the protection of human health based on information provided by public water systems if a public water system demonstrates to the Department that either:

(a) Annual treatment costs to meet applicable drinking water standards have increased by at least 25% to treat contaminants, blue-green algae, or other nuisance algae in the source water, or

(b) The system has changed to an alternative supply because of additional costs that would be required to treat their surface water source.

(c) When determining increased treatment costs under paragraph (2)(a) or (2)(b), above, costs due solely to new, more stringent drinking water requirements, inflation, or increases in costs of materials shall not be included.

(3) A Class I, I-Treated, II, III, or III-Limited water shall be placed on the Planning List for potential impairment of drinking water use support or the protection of human health if:

(a) For human health-based criteria expressed as maximums, the water segment does not meet the applicable criteria based on the methodology described in Rule 62-303.320, F.A.C., or

(b) For human health-based criteria expressed as annual averages, the annual average concentration for any year of the assessment period exceeds the criteria. To be used to determine whether a water should be assessed further for human-health impacts, data must meet the requirements of subsections (2), (3), (7)(a), (8) and (9), in Rule 62-303.320, F.A.C.

PART III

THE STUDY LIST

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 9-4-07, 8-1-13, 2-17-16, 10-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.400 Methodology to Develop the Verified List

(1) Waters shall be verified as being impaired if they meet the requirements for the Planning and Study Lists in Part II and the additional requirements of Rules 62-303.420-.480, F.A.C. A waterbody that fails to meet the minimum criteria for surface waters established in Rule 62-302.500, F.A.C.; any of its designated uses, as described in this part; or applicable water quality criteria, as described in this part, shall be determined to be impaired.

(2) Additional data and information collected after the development of the Planning and Study Lists will be considered when assessing waters on the Planning and Study Lists, provided it meets the requirements of this chapter. In cases where additional data are needed for waters on the Planning and Study Lists to meet the data sufficiency requirements for the Verified List, it is the Department’s goal to collect this additional data as part of its watershed management approach during the subsequent cycle.

(3) Unless information presented to the Department demonstrates otherwise, data more than 7.5 years old at the time the water segment is assessed are not representative of current conditions and shall not be used except to evaluate historical trends. Any determinations by the Department to use data older than 7.5 years shall be documented, and the documentation shall include the basis for the decision.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.410 Determination of Aquatic Life Use Support

Failure to meet any of the metrics used to determine aquatic life use support listed in Rules 62-303.420-.450, F.A.C., shall constitute verification that there is an impairment of the designated use for propagation and maintenance of a healthy, well-balanced population of fish and wildlife.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Repromulgated 1-2-07.

Fla. Admin. Code R. 62-303.420 Aquatic Life-Based Water Quality Criteria Assessment

(1) The Department shall reexamine the data used in Rule 62-303.320, F.A.C., to determine whether water quality criteria are met.

(a) If values exceeding the criteria are not due to pollutant discharges or reflect natural background conditions, including seasonal or other natural variations, the water shall not be listed on the Verified List. In such cases, the Department shall note for the record why the water was not listed and provide the basis for its determination that the exceedances were not due to pollutant discharges.

(b) If the Department has information suggesting that the values not meeting the dissolved oxygen (DO) criterion are due to natural background conditions, it is the Department’s intent to support that conclusion through the use of Biological Health Assessment procedures referenced in Rule 62-303.330, F.A.C. The waterbody or segment shall not be included on the Verified List for DO if two or more temporally independent Biological Health Assessments indicate the waterbody supports the protection and maintenance of a healthy, well-balanced population of fish and wildlife. The Biological Health Assessments shall be conducted either in the same waterbody segment, or for streams, in the contiguous waterbody segment downstream of the segment where the water quality samples were taken. These Biological Health Assessments shall be conducted within the same assessment period as the water quality samples were collected.

(2) If the water was listed on the Planning List and there were insufficient data from the most recent five years of the Planning List assessment to meet the data distribution requirements of subsection 62-303.320(4), F.A.C., and to meet a minimum sample size for verification of twenty samples, additional data will be collected as needed to provide a minimum sample size of twenty. Once these additional data are collected, the Department shall re-evaluate the data using the approach outlined in subsection 62-303.320(1), F.A.C., but using Table 3, and place waters on the Verified List when 10% or more of the samples do not meet the applicable criteria, with a minimum of a 90% confidence level using a binomial distribution. The Department shall limit the analysis to data collected during the last 7.5 years. For sample sizes greater than 500, the Department shall calculate the number of samples not meeting the criterion that are needed for the given sample size using the binomial distribution.

Table 3: Verified List

Minimum number of samples not meeting an applicable water quality criterion

needed to put a water on theVerified List with at least 90% confidence.

Sample sizes

Are listed if they have at least this # of samples that do not meet a criterion

Sample sizes

Are listed if they have at least this # of samples that do not meet a criterion

From

To

From

To

20

25

5

254

262

33

26

32

6

263

270

34

33

40

7

271

279

35

41

47

8

280

288

36

48

55

9

289

297

37

56

63

10

298

306

38

64

71

11

307

315

39

72

79

12

316

324

40

80

88

13

325

333

41

89

96

14

334

343

42

97

104

15

344

352

43

105

113

16

353

361

44

114

121

17

362

370

45

122

130

18

371

379

46

131

138

19

380

388

47

139

147

20

389

397

48

148

156

21

398

406

49

157

164

22

407

415

50

165

173

23

416

424

51

174

182

24

425

434

52

183

191

25

435

443

53

192

199

26

444

452

54

200

208

27

453

461

55

209

217

28

462

470

56

218

226

29

471

479

57

227

235

30

480

489

58

236

244

31

490

498

59

245

253

32

499

500

60

(3) If the waterbody was placed on the Planning List based on worst case values used to represent multiple samples taken during a four day period, the Department shall evaluate whether the worst case value should be excluded from the analysis pursuant to subsections (4) and (5). If the worst case value should not be used, the Department shall then re-evaluate the data following the methodology in subsection 62-303.420(2), F.A.C., using the more representative worst case value or, if all valid values are below acutely toxic levels, the median value.

(4) If the waterbody was listed on the Planning List based on samples that do not meet water quality criteria for metals, the metals data shall be excluded if it is determined that the quality assurance requirements of subsection 62-303.320(10), F.A.C., were not met or that the sample was not collected and analyzed using clean techniques, if the use of clean techniques is appropriate. The Department shall re-evaluate the remaining valid data using the methodology in subsection 62-303.420(2), F.A.C., excluding any data that cannot be validated.

(5) Values that exceed possible physical or chemical measurement constraints (pH greater than 14, for example) or that represent data transcription errors, outliers the Department determines are not valid measures of water quality, water quality criteria exceedances due solely to violations of specific effluent limitations contained in state permits authorizing discharges to surface waters, water quality criteria exceedances within permitted mixing zones for those parameters for which the mixing zones are in effect, and water quality data collected during extended drought or following contaminant spills, discharges due to upsets or bypasses from permitted facilities, or rainfall in excess of the 25-year, 24-hour storm, shall be excluded from the assessment carried out under this rule. However, the Department shall note for the record that the data were excluded and explain why they were excluded.

(6) Once the additional data review is completed pursuant to subsections (1) through (5), the Department shall re-evaluate the data and shall include waters on the Verified List that meet the criteria in subsection 62-303.420(2) or paragraph 62-303.320(7)(b), F.A.C.

(7) Notwithstanding the requirements of subsection (2), water segments shall also be included on the Verified List if, based on representative data collected and analyzed in accordance with Chapter 62-160, F.A.C.:

(a) For parameters other than bacteriological water quality criteria, there are less than twenty samples, but there are five or more samples that do not meet an applicable water quality criterion based on data from at least five temporally independent sampling events, or

(b) Scientifically credible and compelling information regarding the magnitude, frequency, or duration of samples that do not meet an applicable water quality criterion provides overwhelming evidence of impairment. Any determinations to list waters based on this provision shall be documented, and the documentation shall include the basis for the decision.

(c) For any water chemistry data used to list waters under paragraph 62-303.420(7)(b), F.A.C., the Department shall include in the administrative record all of the applicable data quality assessment elements listed in Table 2 of the Department’s Guidance Document “Data Quality Assessment Elements for Identification of Impaired Surface Waters” (DEP EAS 01-01, April 2001), which was incorporated by reference in subsection 62-303.320(9), F.A.C.

(8) For lakes, the daily average DO level shall be calculated as the average of measurements collected in the upper two meters of the water column at the same location on the same day. For all other fresh waters, the daily average freshwater DO level shall be calculated as the average of all measurements collected in the water column at the same location and on the same day. If any individual DO measurement is greater than 100 percent saturation, 100 percent shall be substituted for that value for the purpose of calculating daily averages.

(9) The daily average freshwater DO criteria shall be assessed preferentially using daily average values calculated from full days of diel monitoring data. A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour. If diel monitoring data are not available, instantaneous samples may be used to assess the DO criterion by comparing the instantaneous value with a time-of-day-specific translation of the daily average criterion. To determine the time-of-day-specific translation of the daily average criterion, the time (T) at which the DO sample was taken (in minutes past midnight) is entered into the appropriate equation below for the applicable region and waterbody type. The actual DO measurement collected at a given time is assessed against the calculated time-of-day-specific translation for that time, and if the instantaneous DO is greater than or equal to the calculated value, the daily average DO criterion is achieved.

Region

Equations for Time-of-Day-Specific Translation of the Daily Average DO Criterion

Streams

Northeast + Big Bend

1.1844 x 10-13 • T5 – 4.1432 x 10-10 • T4 + 4.7729 x 10-7 • T3 – 1.9692 x 10-4• T2 + 0.02314 • T + 31.24

Peninsula + Everglades

1.9888 x 10-13 • T5 – 6.8941 x 10-10 • T4 + 7.8373 x 10-7 • T3 – 3.1598 x 10-4• T2 + 0.03551 • T + 33.43

Panhandle West

9.0851 x 10-14 • T5 – 2.9941 x 10-10 • T4 + 3.1560 x 10-7 • T3 – 1.0851 x 10-4• T2 + 0.006285 • T + 65.61

Lakes

Northeast + Big Bend

1.4578 x 10-13 • T5 – 5.5607 x 10-10 • T4 + 7.0683 x 10-7 • T3 – 3.1879 x 10-4• T2 + 0.02817 • T + 34.19

Peninsula + Everglades

1.3709 x 10-13 • T5 – 5.0496 x 10-10 • T4 + 6.1352 x 10-7 • T3 - 2.5817 x 10-4• T2 + 0.01960 • T + 37.14

Panhandle West

7.1190 x 10-14 • T5 – 2.6420 x 10-10 • T4 + 3.2247 x 10-7 • T3 – 1.3607 x 10-4• T2 + 0.01071 • T + 66.35

If multiple instantaneous DO samples are available in a day, the time-of-day-specific translation of the daily average criterion will be calculated for each individual sample. Achievement of the daily average DO criterion will be assessed by comparing the average of the actual DO measurements collected at each time against the average of the calculated time-of-day-specific translations for each time. If the average of the measured DO values is greater than or equal to the average of the time-of-day- specific translations of the criteria, the daily average DO criterion is achieved. An average of multiple daily values calculated in this manner will be considered as a single sample for assessment purposes.

(10) For predominantly marine waters, the Department shall evaluate the daily average DO criterion using Table 3 set forth in subsection 62-303.420(1), F.A.C., above, and shall also evaluate whether the seven-day and 30-day average criteria have been achieved during the assessment period. A water segment shall be placed on the Verified List for DO impairment if the number of samples below the daily average DO criterion is greater than or equal to the number listed in Table 3 for the given sample size, or if there is more than one weekly average value below the weekly average DO criterion in any twelve week period of the assessment period or more than one monthly average value below the monthly average DO criterion in any calendar year of the assessment period. Before assessing the weekly and monthly average DO criterion, the DO data shall be evaluated pursuant to subsections 62-303.420(3) and (5), F.A.C.

(a) If any individual DO measurement is greater than 100 percent saturation, 100 percent shall be substituted for that value for the purpose of calculating daily, weekly and monthly averages.

(b) Where DO values are collected at multiple depths at a given station and time, the average of the values shall be used to represent the measurements unless any of the individual DO values are less than 2 mg/l, in which case the lower 25th percentile of the measured values shall be used.

(c) For assessment purposes, the seven-day average DO percent saturation shall be calculated as a weekly average using a minimum of three full days of diel data collected within a week, or a minimum of ten grab samples collected over at least three days within a week, with each sample measured at least four hours apart.

(d) For assessment purposes, the 30-day average DO percent saturation shall be calculated as a monthly average using a minimum of three full days of diel data, with each diel sampling conducted in different weeks of the month, or grab samples collected from a minimum of ten different days of the month.

(e) A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour.

(11) For assessment of the DO criteria for the portions of the Suwannee, Withlacoochee (North), and Santa Fe Rivers utilized by the Gulf Sturgeon, and in the portions of the Santa Fe and New Rivers utilized by the Oval Pigtoe Mussel, waters will be placed on the Verified List when more than 50 percent of the daily average values are below the applicable median or more than 10 percent of the daily average values are below the applicable 10th percentile values, specified in Appendix I of the “Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters, June 2025” (incorporated by reference in paragraph 62-302.533(1)(e), F.A.C.) at a minimum of a 90 percent confidence level using the binomial distribution.

(12) For the assessment of the DO criteria, any DO data collected as a concentration in mg/L shall be converted to percent saturation using the temperature and salinity measured at the same location within fifteen minutes of the DO measurement. Percent DO saturation shall be calculated using the method in Section 5.4 of the “Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-02971), which was incorporated by reference in subsection 62-303.320(11), F.A.C.

(13) A water segment shall be placed on the Verified List for DO impairment if there has been a statistically significant decreasing trend in DO levels or an increasing trend in the range of daily DO fluctuations over the assessment period at the 95 percent confidence level using a one-sided Seasonal Kendall Trend Test, as described in Helsel, D.R. and R.M. Hirsch, 2002, Statistical Methods in Water Resources, USGS, pages 338 through 340, which were incorporated by reference in subsection 62-303.320(14) F.A.C., after controlling for or removing the effects of confounding variables, such as climatic and hydrologic cycles, quality assurance issues, and changes in analytical methods. Water segments shall not be placed on the Verified List for DO impairment until the Department has identified a pollutant causing the decrease or if the decrease in DO levels was authorized under Rules 62-302.300 and 62-4.242, F.A.C.

(14) For assessment of the 30-day average total ammonia criterion, the monthly average total ammonia shall be calculated for a station using a minimum of four samples collected within the month. A water segment shall be placed on the Verified List for total ammonia impairment if a station within the segment has more than one monthly average value above the 30-day average criterion in any calendar year of the assessment period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.021(11), 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 7-2-12, 8-1-13, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.430 Biological Impairment

(1) All Biological Health Assessments used to list a water on the Verified List shall be conducted and interpreted in accordance with Chapter 62-160, F.A.C., including Department-approved Standard Operating Procedures and Department documents that are incorporated by reference in Chapter 62-160, F.A.C., for the SCI, LVI, and Shannon-Weaver Diversity Index.

(2) If the water met the requirements for placement on the Planning List based on Biological Health Assessment results, the water shall be determined to be biologically impaired if any of the following conditions occur, given a minimum sample size of two temporally independent bioassessments:

(a) The average score of all the SCIs is below 40, or either of the two most recent temporally independent SCI scores is less than 35. If the average score is below 40, but there are only two SCIs and the difference between the two scores is greater than 20 points, then an additional SCI shall be required and the average of all three scores shall be used.

(b) The average score of all the temporally independent LVIs is below 43 for a lake segment, or either of the two most recent temporally independent LVI scores is less than 30. If the average score is below 43, but there are only two LVIs for a lake segment and the difference between the two scores is greater than 20 points, then an additional LVI shall be required and the average of all three scores shall be used.

(c) The historic maximum SCI value, as defined in subsection 62-303.330(4), F.A.C., is above 64 and the average of the two most recent temporally independent SCI scores is 20 or more points below the historic maximum value.

(d) The historic maximum value LVI, as defined in subsection 62-303.330(4), F.A.C., is above 78 and the average of the two most recent temporally independent LVI scores is 20 or more points below the historic maximum value.

(e) The scores of at least two temporally independent Shannon-Weaver Diversity Indices are less than 75 percent of the scores from an appropriate control site, pursuant to subsection 62-302.530(10), F.A.C.

(3) If the water was listed on the Planning List based on BioRecon data, two or more temporally independent SCIs shall be conducted. If the water segment was listed on the Planning List based on other information specified in subsection 62-303.330(6), F.A.C., indicating biological impairment, two or more temporally independent Biological Health Assessments appropriate for the waterbody type shall be conducted in the waterbody segment to verify whether the water is impaired. If available, the Department shall consider other scientifically credible biological assessment methods in predominantly marine waters to verify that the water is biologically impaired. Results from these biological assessments shall be evaluated in accordance with subsection 62-303.430(2), F.A.C., as applicable.

(4) If a waterbody was listed on the Planning List based on failure of the Shannon-Weaver Diversity Index under subsection 62-302.530(10), F.A.C., a minimum of two Biological Health Assessments shall be conducted in accordance with the methodology in Rule 62-303.330, F.A.C., to verify whether the water is impaired. If an SCI or LVI is not applicable for the waterbody type, then the Biological Health Assessment shall be the Shannon-Weaver Diversity Index or other scientifically credible method.

(5) Following verification that a waterbody is biologically impaired, a waterbody shall be included on the Verified List for biological impairment if:

(a) There are water quality data reasonably demonstrating the particular pollutant(s) causing the impairment and the concentration of the pollutant(s); and,

(b) One of the following demonstrations is made:

1. If there is a numeric criterion for the specified pollutant(s) in Chapter 62-302, F.A.C., but the criterion is met, an identification of the specific factors that reasonably demonstrate why the numeric criterion is not adequate to protect water quality and how the specific pollutant is causing the impairment, or

2. If there is not a numeric criterion for the specified pollutant(s) in Chapter 62-302, F.A.C., an identification of the specific factors that reasonably demonstrate how the particular pollutant(s) are associated with the observed biological effect. If the numeric interpretation of the narrative nutrient criterion in paragraph 62-302.531(2)(c), F.A.C., is exceeded, then nutrients shall be identified as the causative pollutant unless a stressor identification study links the adverse biological effects to causal factor(s) other than nutrients.

(6) If a waterbody is verified as biologically impaired, but a causative pollutant has not been identified, the waterbody shall be included on the Study List.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 7-2-12, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.440 Toxicity

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Repealed 12-11-06.

Fla. Admin. Code R. 62-303.450 Assessments of Numeric Interpretations of Narrative Nutrient Criterion

(1) A stream or estuary without applicable numeric criteria in subsection 62-302.531(2), F.A.C., shall be placed on the Verified List for impairment due to nutrients if it exceeds the chlorophyll a thresholds in subsection 62-303.351(4), F.A.C., or subsection 62-303.353(2), F.A.C., more than once in any consecutive three year period, and there are sufficient data from the last 7.5 years to meet the data sufficiency requirements of subsections 62-303.350(2), (3), and (6), F.A.C. If there are insufficient data, additional data shall be collected as needed to meet the requirements. Once these additional data are collected, the Department shall determine if there is sufficient information to develop a site-specific chlorophyll a threshold that better reflects conditions beyond which an imbalance in flora or fauna occurs in the water segment. If there is sufficient information, the Department shall re-evaluate the data using the site-specific thresholds. If there is insufficient information, the Department shall re-evaluate the data using the thresholds provided in subsections 62-303.351(4) and 62-303.353(2), F.A.C., for streams and estuaries and verify impairment if there is more than one exceedance in any consecutive three year period. In any case, the Department shall limit its analysis to the use of data collected during the last 7.5 years. If alternative thresholds are used for the analysis, the Department shall provide the thresholds for the record and document how the alternative threshold better represents conditions beyond which an imbalance in flora or fauna is expected to occur.

(2) If the waterbody was listed on either the Planning or Study List for nutrient enrichment based on other information indicating an imbalance in flora or fauna, as provided in paragraphs or subsection 62-303.350(1), 62-303.351(3), 62-303.352(1)(b) or 62-303.353(3), F.A.C., the Department shall verify the imbalance before placing the water on the Verified List for impairment due to nutrients and shall provide documentation supporting the imbalance in flora or fauna.

(3) If the waterbody was listed on the Planning List based on paragraphs or subsections 62-303.351(1), 62-303.352(1)(a), 62-303.353(1) and (5), or 62-303.354(1), F.A.C., the Department shall place the waterbody on the Verified List for exceedances of the narrative nutrient criteria in paragraph 62-302.530(48)(b), F.A.C., if the applicable numeric interpretation of the narrative nutrient criterion is exceeded based on the last 7.5 years of data.

(4) If a lake was listed on the Planning List based on paragraph 62-303.352(1)(d), F.A.C., and there are still insufficient data to determine the long-term geometric mean color or alkalinity, the Department shall place the lake on the Verified List for exceedances of the narrative nutrient criterion in paragraph 62-302.530(48)(b), F.A.C., if the annual geometric mean chlorophyll a exceeds20ug/L more than once in a three year period in the last 7.5 years.

(5) If the waterbody was listed on the Planning List for an adverse trend in nutrients or response variables pursuant to paragraph 62-303.352(1)(c), F.A.C.; or, subsection 62-303.351(5), 62-303.353(4), or 62-303.354(3), F.A.C., the Department shall place the waterbody on the Verified List if there is statistically significant increasing trend at the 95 percent confidence level for a given nutrient or nutrient response variable using the Mann-Kendall Trend Test; and either:

(a) There is a reasonable expectation that the water will become impaired within 4 years, taking into consideration the Sen-Theil fitted line based on the annual geometric means in the assessment period and the magnitude of the applicable criterion, or

(b) The contiguous downstream waterbody segment is impaired and either is included on the Verified List or has a total maximum daily load for a given nutrient, nutrient trend, or nutrient response variable. In cases where there is no contiguous downstream waterbody segment, the department will evaluate this subparagraph for the receiving waterbody.

(6) The thresholds for impairment due to nutrients in paragraph 62-302.531(2)(c) and subsections 62-303.351(4) and 62-303.353(2), F.A.C., are not required to be used during development of wasteload allocations or TMDLs where a site-specific interpretation of the narrative nutrient criterion in paragraph 62-302.530(48)(b), F.A.C., is established.

(7) When assessing waters for nutrient impairment, the Department shall evaluate whether the data were collected under extreme climatic conditions, such as floods, droughts, and hurricanes. If the needed supporting information is provided to the Department, the Department shall also evaluate whether the data were collected under conditions that are representative of the type of waterbody used to derive the applicable criteria, and whether the samples are biased towards specific non-representative flow conditions. When assessing estuary specific numeric interpretations of the narrative nutrient criterion in rule 62-302.532, F.A.C., the Department shall also evaluate whether the current ambient monitoring network is representative of the network that was the basis for the numeric interpretation of the narrative nutrient criterion in Rule 62-302.532, F.A.C. The Department will consider this information when developing the final Verified List and shall not list waters as impaired based solely on extreme climatic conditions, non-representative data, or changes in the monitoring network.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 7-2-12, 8-1-13, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.460 Primary Contact and Recreation Use Support

(1) The Department shall review the data used by the DOH as the basis for bathing area closures, advisories or warnings and verify that the values exceeded the applicable DOH thresholds and the data meet the requirements of Chapter 62-160, F.A.C. If the segment is listed on the Planning List based on bathing area closures, advisories, or warnings issued by a local health department or county government, the closures, advisories, or warnings based on red tides, rip tides, sewage spills, sewer line breaks, dangerous aquatic life, medical wastes, hurricanes, or other factors not related to chronic discharges of pollutants shall not be included when verifying primary contact and recreation use support. The Department shall then re-evaluate the remaining data using the methodology in subsection 62-303.360(2), F.A.C. Water segments that meet the criteria in subsection 62-303.360(2), F.A.C., shall be included on the Verified List as impaired.

(2) If the water segment was listed on the Planning or Study List due to samples that do not meet water quality criteria for bacteriological quality, the Department shall, to the extent practicable, evaluate the source of bacteriological contamination and shall verify that the impairment is due to chronic sources of human-induced bacteriological pollutants before verifying the water segment is impaired. The Department shall take into account the proximity of municipal stormwater outfalls, septic tanks, domestic wastewater facilities, and other anthropogenic discharges when evaluating potential sources of bacteriological pollutants. For water segments that contain municipal stormwater outfalls, the impairment documented for the segment shall be presumed to be due, at least in part, to chronic discharges of bacteriological pollutants. The Department shall then re-evaluate the data using the methodology in subsection 62-303.320(1), F.A.C., excluding any values that have been demonstrated to be elevated solely due to non-anthropogenic sources. If information is provided to the Department indicating that the exceedances may be due to natural sources but there is uncertainty whether anthropogenic sources contributed to the exceedances, the water segment shall be placed on the Study List pursuant to paragraph 62-303.390(2)(h), F.A.C.

(3) Water segments shall be included on the Verified List if:

(a) The number of samples that exceed the applicable bacteriological water quality criteria expressed as a TPTV meets the requirements in subsection 62-303.420(6), F.A.C. Data must meet the data requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), (8), and (9), F.A.C. Samples collected on different days will be assessed as individual samples and samples collected on the same day shall be averaged, or

(b) There are one or more exceedances of a bacteriological water quality criterion expressed as a monthly geometric mean during the assessment period. Data must meet the requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), (8), and (9), F.A.C. Samples collected on different days will be assessed as individual samples and samples collected on the same day shall be averaged. To calculate the monthly geometric means for Class I or Class I-Treated waters, there shall be at least 5 samples taken on five different days over a calendar month. For Class II, Class III, or Class III-Limited waters, there shall be at least 10 samples collected on ten different days over a calendar month.

(4) When assessing waters pursuant to paragraphs 62-303.460(3)(a) and (b), F.A.C., the Department shall evaluate whether the samples are representative and are not biased toward collecting samples at times either under the influence of wet weather conditions or absent the influence of wet weather conditions. Representative sampling generally reflects a consistent number of samples evenly spaced over regular intervals. Any determinations to exclude waters based on this provision shall be documented, and the documentation shall include the basis for the decision.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 9-4-07, 8-1-13, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.470 Fish and Shellfish Consumption Use Support

(1) The Department shall review the fish consumption advisories and the data used by the DOH as the basis for the advisories and shall only use the advisories and data under this part if the following requirements are met:

(a) The advisory is based on the statistical evaluation of fish tissue data from at least eight fish collected from the specific water segment or waterbody to be listed;

(b) The data are collected in accordance with DEP SOP FS6000 (General Biological Tissue Sampling) and FS 6200 (Finfish Tissue Sampling), which are incorporated by reference, the sampling entity has established Data Quality Objectives (DQOs) for the sampling, and the data meet the DQOs; and,

(c) There are sufficient data or other information from within the last 7.5 years that would support the continuation of the advisory. The Department shall document any decision to list waters with advisories older than 7.5 years, including the data supporting the continuation of the advisory or information demonstrating that older data are representative of current conditions.

(2) Waters with advisories determined to meet the requirements of this section or waters where scientifically credible and compelling information meeting the requirements of Chapter 62-160, F.A.C., indicates the applicable human health-based water quality criteria are not met shall be listed on the Verified List. Any determinations to list waters based on this provision shall be documented, and the documentation shall include the basis for the decision.

(3) Class II waters shall be included on the Verified List for fecal coliform if, following review of the available data as described in subsection 62-303.460(2), F.A.C.:

(a) The number of samples above 43 counts per 100 ml meet the requirement in subsection 62-303.420(6), F.A.C. Data must meet the data requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), (8), and (9), F.A.C. Samples collected on different days will be assessed as individual samples, or

(b) The water segment includes a sampling location that has a median fecal coliform MPN or MF value that exceeds 14 counts per 100 ml for the assessment period. To calculate a median value for a sampling location, there shall be at least 20 samples collected during the assessment period.

(4) Waters that qualify for placement on the Planning List based on shellfish harvesting classification information shall be verified as impaired for fecal coliforms.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 9-4-07, 8-1-13, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.480 Drinking Water Use Support and Protection of Human Health

If the water segment was listed on the Planning List due to exceedances of a human health-based water quality criterion, the Department shall re-evaluate the data using the methodology in subsections 62-303.380(1) and (3), F.A.C., and limit the analysis to data collected within 7.5 years of the time the water segment is proposed for listing on the Verified List. Data older than 7.5 years shall be used if it is demonstrated to be representative of current conditions. Any determinations to use older data shall be documented by the Department, and the documentation shall provide the basis for the decision that the data are representative of current conditions. For this analysis, the Department shall exclude any data meeting the requirements of subsection 62-303.420(5), F.A.C. The following water segments shall be listed on the Verified List:

(1) For human health-based criteria expressed as maximums, water segments that meet the requirements in subsection 62-303.420(6), F.A.C., or

(2) For human health-based criteria expressed as annual averages, water segments that have an annual average that exceeds the applicable criterion. To calculate an annual average for the Verified List assessment, there shall be at least three samples per year, with samples from at least three different quarters of the same year.

(3) For bacteriological water quality criteria, water segments shall be verified as impaired if, following review of the available data as described in subsections 62-303.460(2) and (5), F.A.C.:

(a) The number of months that do not meet the applicable bacteriological water quality criteria expressed as a TPTV meet the requirements in subsection 62-303.420(6), F.A.C. Data must meet the data requirements of subsections and paragraphs 62-303.320(2), (3), (4)(c)-(4)(e), and (8), F.A.C. Samples collected on different days will be assessed as individual samples and samples collected on the same day shall be averaged, or

(b) There are one or more exceedances of a bacteriological water quality criterion expressed as a monthly geometric mean during the assessment period. To assess the monthly data for a sampling location there shall be at least five samples collected within that month, with at least one sample from each full week of the month.

PART V

MISCELLANEOUS PROVISIONS

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 9-4-07, 8-1-13, 2-17-16, 10-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.500 Prioritization for TMDL Development

(1) When establishing the TMDL development schedule for water segments on the Verified List of impaired waters, the Department shall prioritize impaired water segments according to the severity of the impairment and the designated uses of the segment, taking into account the most serious water quality problems; most valuable and threatened resources; and risk to human health and aquatic life. Impaired waters shall be prioritized as high, medium, or low priority. The prioritization will be used by the Department to develop a TMDL development work plan and schedule, which the Department will periodically update and notice for public comment.

(2) The following waters shall be designated high priority:

(a) Water segments where the impairment poses a threat to potable water supplies, treated potable water supplies, or to human health.

(b) Water segments where the impairment is due to a pollutant regulated by the CWA and the pollutant has contributed to the decline or extirpation of a federally listed threatened or endangered species, as indicated in the Federal Register listing the species.

(3) The following waters shall be designated low priority:

(a) Man-made canals, urban drainage ditches, and other artificial water segments unless the impairment poses a threat to potable water supplies, treated potable water supplies, or to human health.

(b) Water segments that are not designated as high priority, and the Department has concluded that local stakeholders are diligently working on a demonstration per subsections 62-303.600(1), (2), or (3), F.A.C., by the next listing cycle for the basin.

(4) All segments not designated high or low priority shall be medium priority and shall be prioritized based on the following factors:

(a) The presence of Outstanding Florida Waters.

(b) The presence of water segments that fail to meet more than one designated use.

(c) The presence of water segments that exceed more than one applicable water quality criteria.

(d) Administrative needs of the TMDL program, including meeting a TMDL development schedule agreed to with EPA, focusing TMDL development where it is the most effective approach to restoration, and basin priorities related to following the Department’s watershed management approach.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 8-1-13, 2-17-16, 10-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.600 Evaluation of Pollution Control Mechanisms

(1) Upon determining that a waterbody is impaired or determining there is an increasing trend in nutrients or a nutrient response variable based on the requirements of paragraph 62-303.390(2)(a), F.A.C., subsection 62-303.450(5), F.A.C., or other scientifically credible trend tests, the Department shall evaluate whether existing or proposed technology-based effluent limitations and other pollution control programs under local, state, or federal authority are sufficient to result in the attainment of applicable water quality standards.

(2) If, after evaluation of the pollution control mechanisms set forth in subsection (1), the water segment is expected to attain water quality standards in the future and is expected to make reasonable progress towards attainment of water quality standards by the time the next section 303(d) list for the basin is scheduled to be submitted to EPA, the segment shall not be listed on the Verified List. The Department’s decision shall be based on a plan that provides reasonable assurance that any proposed pollution control mechanisms and expected improvements in water quality in the water segment will attain applicable water quality standards.

(3) For water segments with planned or on-going restoration activities that will address the non-attainment of water quality standards pursuant to paragraph 62-303.390(2)(d), F.A.C., stakeholders may submit information to the Department demonstrating pollutant reduction mechanisms to address the non-attainment.

(a) Progress towards implementing planned restoration activities shall be assessed by the Department during each subsequent assessment cycle, and the waterbody shall be placed on the Verified List if the Department determines that the waterbody has not demonstrated sufficient progress towards attainment of the applicable water quality standards.

(b) The Department’s decision to place the waterbody on the Verified List shall be based on an evaluation of the attainment of the applicable water quality standards, water quality trends, and documentation provided by stakeholders on the status and progress of restoration activities.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Repromulgated 1-2-07, Amended 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.700 Listing Cycle

The Department shall, to the extent practicable, develop basin-specific Verified Lists of impaired waters for all surface waters within an assessment cycle. If the specific pollutant(s) or response variables contributing to the impairment in a particular water segment is not known at the time the Planning or Study List is prepared, information in the lists shall provide the basis for including the water segment on the applicable list. The pollutant and concentration(s) causing the impairment shall be identified before the water segment is included on the Verified List to be adopted by Secretarial Order. During the listing cycle, interested parties shall be provided the opportunity to work with the Department to collect and evaluate additional water quality data and provide comments to the Department on the basin-specific lists. At any time during the listing cycle, interested parties may develop proposed water pollution control mechanisms that may affect the final Verified List adopted by the Secretary. To ensure that data or information will be considered in the assessment, it must be submitted to the Department or entered into WIN, or its successors, or, if applicable, the DOH database no later than June 30 of the year of the assessment.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 2-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.710 Format of Verified List and Verified List Approval

(1) The Department shall follow the methodology established in this chapter to develop basin-specific Verified List of impaired water segments. The Verified List shall specify the pollutant or pollutants causing the impairment and the concentration of the pollutant(s) causing the impairment. If the water segment is listed based on numeric water quality criteria, then the Verified List shall provide the applicable criteria. However, if the listing is based on narrative or biological criteria, or impairment of other designated uses, and the water quality criteria are met, the list shall specify the concentration of the pollutant relative to the water quality criteria and explain why the numerical criterion is not adequate.

(2) Segments impaired for pollutants that are no longer legally allowed to be used or discharged shall not be placed on the Verified List because the TMDL will be zero for the pollutant.

(3) For waters impaired for biological health or dissolved oxygen, the Department shall identify the pollutants causing or contributing to the impairment on the Verified List. If the factor(s) causing the impairment cannot be identified, the water shall be placed on the Study List.

(4) The Verified List shall also include the priority and the schedule for TMDL development established for the water segment, as required by federal regulations.

(5) The Verified List shall be approved by order of the Secretary and the order shall also note any waters that are being removed from the Verified List.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 7-2-12, 2-17-16.

Fla. Admin. Code R. 62-303.720 Delisting Procedure

(1) Waters on Planning or Study Lists developed under this chapter that are verified to not be impaired during development of the Verified List shall be removed from the State’s Planning or Study List.

(2) Waterbody segments shall be removed from the State’s Verified List only after adoption of a TMDL, a Department determination that pollution control programs provide reasonable assurance that water quality standards will be attained pursuant to Rule 62-303.600 F.A.C., or upon a demonstration that the waterbody meets the waterbody quality standard that was previously established as not being met.

(a) For waters listed due to failure to meet aquatic life use support based on water quality criteria or due to threats to human health based on single sample water quality criteria, the water shall be delisted when:

1. The number of samples that do not meet an applicable water quality criterion due to pollutant discharges is less than or equal to the number listed in Table 4 for the given sample size, with a minimum sample size of 30. Waters shall be delisted when 10% or less of the samples do not meet the applicable criterion with a minimum of a 90% confidence level using a binomial distribution, or

2. Following implementation of pollution control activities that are expected to be sufficient to result in attainment of applicable water quality standards, evaluation of new data indicates the water no longer meets the criteria for listing established in Rule 62-303.420, F.A.C., or

3. Following demonstration that the water was inappropriately listed due to flaws in the original analysis, evaluation of available data indicates the water does not meet the criteria for listing established in Rule 62-303.420, F.A.C.

(b) New data evaluated under subparagraph 62-303.720(2)(a)1., F.A.C., must meet the following requirements:

1. They must include samples collected during similar conditions (same seasons and general flow conditions) that the data previously used to determine impairment were collected, with no more than 50% of the samples collected in any one quarter,

2. The sample size must be a minimum of 30 samples; and,

3. The data must meet the requirements of subsections 62-303.320(4), (8) and (9), F.A.C.

(c) For waters listed due to failure to meet aquatic life use support based on biological data pursuant to Rule 62-303.430, F.A.C., the waterbody shall be delisted when two temporally independent follow-up Biological Health Assessments have been conducted and the waterbody no longer qualifies for the Planning List pursuant to subsection 62-303.330(3), F.A.C. The follow-up tests must meet the following requirements:

1. For streams, the new data must be SCIs unless the SCI is not appropriate for the waterbody type, in which case the new data shall consist of the Shannon-Weaver Diversity Index.

2. The data must meet the requirements of subsections 62-303.330(1) and (2), F.A.C.

(d) For waters listed due to fish consumption advisories, the water shall be delisted following the lifting of the advisory or when data complying with paragraphs 62-303.470(1)(a) and (b), F.A.C., demonstrate that the continuation of the advisory is no longer appropriate.

(e) For waters listed due to their shellfish bed management classification, the water shall be delisted upon reclassification of the shellfish harvesting area to approved, or for conditionally approved areas.

(f) For waters listed due to bathing area closure or advisory data, the water shall be delisted if the bathing area does not meet the listing thresholds in subsection 62-303.360(2), F.A.C., for five consecutive years.

(g) For waters listed based on impacts to potable water supplies or treated potable water supplies, pursuant to paragraph 62-303.380(1)(b), F.A.C., the water shall be delisted when the causes resulting in higher treatment costs have been ameliorated.

(h) For waters listed based on bacteriological water quality criteria expressed as a monthly geometric mean or a median pursuant to paragraph 62-303.460(3)(b), 62-303.470(3)(b), or 62-303.480(3)(b), F.A.C., the water shall be delisted when:

1. For listings based on bacteriological water quality criteria expressed as a monthly geometric mean, the criteria applicable to those sections are met for three consecutive years and there are sufficient new data available to calculate monthly values for at least the same seasons in which the exceedances occurred,

2. For listings based on bacteriological water quality criteria expressed as a median, the criteria applicable to those sections are met for the assessment period, or

3. Following a demonstration that the water was inappropriately listed due to flaws in the original analysis, including the use of a non-representative sample set.

(i) For waters listed based on single-sample bacteriological water quality criteria pursuant to paragraph 62-303.460(3)(a), 62-303.470(3)(a), or 62-303.480(3)(a), F.A.C., the water shall be delisted upon meeting the delisting provisions in paragraph 62-303.720(2)(a), F.A.C.

(j) For waters listed based on a human health-based annual average criterion, the water shall be delisted when the annual average concentration is less than the criterion for three consecutive years.

(k) For waters listed based on nutrient impairment, the waterbody shall be delisted if:

1. It was listed based on exceedances of a nutrient threshold in subsection 62-303.450(1), F.A.C., but it does not meet the listing thresholds in subsection 62-303.450(1), F.A.C., for the three most recent consecutive years with sufficient data, which ensures that there will be at least three consecutive 3-year periods that attain the criterion,

2. It was listed based on exceedances of a numeric nutrient criterion expressed as an annual geometric mean or annual mean not to be exceeded more than once in a three-year period, and the water attains the magnitude of the criterion for the three most recent consecutive years with sufficient data, which ensures that there will be at least three consecutive 3-year periods that attain the criterion,

3. It was listed based on other information indicating an imbalance in flora or fauna pursuant to subsection 62-303.450(2), F.A.C., and it is demonstrated to not exceed the narrative nutrient criteria at paragraph 62-302.530(48)(b), F.A.C., pursuant to the provisions of subsection 62-303.450(2), F.A.C.,

4. It was listed based on exceedances of a numeric nutrient criterion expressed as a long-term average or long-term average of annual means, and the long-term average over the assessment period no longer exceeds the criterion,

5. It was listed based on exceedances of a numeric nutrient criterion expressed as not to be exceeded in more than 10 percent of the measurements or expressed as a monthly average, and the water meets the delisting requirements of subparagraph 62-303.720(2)(a)1., F.A.C.,

6. It was listed based on exceedance of a loading based numeric nutrient criterion and the water attains the criterion for the three most recent consecutive years, or

7. It was listed based on paragraph 62-303.450(5)(a), F.A.C., but additional data and analysis indicates there is no longer a statistically significant increasing trend for two consecutive listing cycles.

8. It was listed based on paragraph 62-303.450(5)(b), F.A.C., for a given nutrient or nutrient response variable and the contiguous downstream waterbody segment no longer meets the listing requirements for the given nutrient or nutrients response variable.

(l) For any listed water, the water shall be delisted if, following a change in approved analytical procedures, criteria, or water quality standards, evaluation of available data indicates the water no longer meets the applicable criteria for listing.

(m) For waters listed due to failure to meet aquatic life use support based on paragraph 62-303.420(7)(b), F.A.C., or due to failure to meet fish consumption use support based on subsection 62-303.470(2), F.A.C., the waterbody shall be delisted if the Department determines the waterbody is no longer impaired, based on scientifically credible and compelling information comparable in quantity and quality to the information used to make the initial listing decision. Any determinations to delist waters based on this provision shall be documented, and the documentation shall include the basis for the decision.

Table 4. Delisting

Maximum number of samples that do not meet an applicable water quality criterion allowable to DELIST with at least 90% confidence.

Sample Sizes

Maximum # of Samples not meeting a criterion allowable for delisting

Sample sizes

Maximum # of Samples not meeting a criterion allowable for delisting

From

To

From

To

30

37

0

279

289

21

38

51

1

290

300

22

52

64

2

301

311

23

65

77

3

312

323

24

78

90

4

324

334

25

91

103

5

335

345

26

104

115

6

346

356

27

116

127

7

357

367

28

128

139

8

368

378

29

140

151

9

379

389

30

152

163

10

390

401

31

164

174

11

402

412

32

175

186

12

413

423

33

187

198

13

424

434

34

199

209

14

435

445

35

210

221

15

446

456

36

222

232

16

457

467

37

233

244

17

468

478

38

245

255

18

479

489

39

256

266

19

490

500

40

267

278

20

(n) For waters listed due to failure to meet aquatic life use support pursuant to paragraph 62-303.320(7)(b), F.A.C., the water shall be delisted when the applicable criteria are met for at least three consecutive years and there are new data available for the same seasons in which the previous exceedances occurred.

(o) For waterbodies listed on the Verified List, the water shall be delisted from the Verified List for a given parameter and added to the Study List when subsequent analysis demonstrates that the cause of the impairment was incorrect and therefore, the cause of the impairment is unknown.

(p) For waters listed based on the 30-day average DO criterion for predominantly marine waters or the 30-day average ammonia criterion, the waterbody shall be delisted when the monthly average meets the criterion for at least three consecutive years and there are new data available for the same seasons in which the criterion was previously not achieved.

(q) For waters listed based on the weekly average DO criterion for predominantly marine waters, the waterbody shall be delisted when the weekly average DO criterion is met for at least three consecutive years and there are new data available for the same seasons in which the criterion was previously not achieved.

(3) Any delisting of waters from the Verified List shall be approved by order of the Secretary at such time as the requirements of this section are met.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 9-4-07, 7-2-12, 8-1-13, 2-17-16, 10-17-16, 11-25-25.

Fla. Admin. Code R. 62-303.810 Impairment of Interstate and Tribal Waters

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Repromulgated 1-2-07, Repealed 2-23-12.

Fla. Admin. Code R. 62-303.390 The Study List

(1) The Study List contains waters where additional information or Department review is needed before the water is placed on the Verified List for TMDL development but available evidence indicates nonattainment of water quality standards or stream nutrient thresholds. Causes of nonattainment can include excess pollutant loading or concentrations, habitat or hydrologic alterations, or natural conditions. Waters that do not attain water quality standards due to natural conditions pursuant to Rule 62-303.420, F.A.C., shall not be added to the Study List. To conform to the expectations of Section 303(d) of the Federal Clean Water Act and federal regulations at 40 C.F.R. 130.7(b), waters and associated parameters identified in the Study List will be submitted to EPA as water quality limited segments. However, pursuant to Section 403.067(2)(a), F.S., the Study List cannot be used in the administration or implementation of any regulatory program. A TMDL shall not be established by the Department for a waterbody placed on the Study List pursuant to subsection 62-303.390(2), F.A.C., until such time as it is placed on the Verified List pursuant to Part IV of this chapter.

(2) A Class I, I-Treated, II, III or III-Limited water shall be placed on the Study List if:

(a) For waters with a statistically-significant increasing trend in TN, TP, nitrate-nitrite, or chlorophyll a pursuant to paragraph 62-303.352(1)(c), F.A.C.; or, subsection 62-303.351(5), 62-303.353(4) or 62-303.354(3), F.A.C., the Department confirms the water does not exceed an applicable numeric nutrient criterion and there is a reasonable expectation that the water will become impaired within 10 years, taking into consideration the Sen-Theil fitted line based on the annual geometric means in the assessment period and the magnitude of the applicable criterion. For lakes that do not have a site specific numeric interpretation of the narrative nutrient criterion, the applicable TN and TP nutrient criteria shall be the maximum numeric interpretation for the applicable lake color and alkalinity category.

(b) A waterbody does not achieve the Biological Health Assessment provisions in Rule 62-303.430, F.A.C., but a cause has not been identified;

(c) A waterbody is verified as not meeting the dissolved oxygen criterion pursuant to Part IV of this chapter, but a cause has not been identified;

(d) A waterbody where pollution control mechanisms are in place or planned that meet the requirements of subsections 62-303.600(1) and (3), F.A.C., or that implements an existing total maximum daily load through a basin management action plan, or a Department enforcement order, except that there is uncertainty when water quality standards will be attained and the waterbody segment requires additional study;

(e) For streams meeting the definition in subsection 62-302.200(36), F.A.C., that do not have a site specific numeric interpretation of the narrative nutrient criterion, the nutrient thresholds in subparagraph 62-302.531(2)(c)2., F.A.C., are exceeded based on data from the last 7.5 years and insufficient Biological Health Assessment, chlorophyll a, or other response variable data are available to fully assess achievement of the nutrient provisions in paragraph 62-302.531(2)(c), F.A.C.

(f) For streams meeting the definition in subsection 62-302.200(36), F.A.C., that do not have a site specific numeric interpretation of the narrative nutrient criterion, there is an exceedance of the LVS floral metric, as described in the document titled “Implementation of Florida’s Numeric Nutrient Standards for Streams, June 2025” (incorporated by reference in subsection 62-302.200(36), F.A.C.) but the LVS results cannot be linked to anthropogenic nutrient inputs.

(g) There are fewer than twenty samples for a bacteriological water quality criterion expressed as a TPTV, but there are five or more samples that do not meet an applicable water quality criterion based on data from at least five temporally independent sampling events;

(h) A waterbody segment is verified as not meeting the bacteriological water quality criterion pursuant to Part IV of this Chapter, but the Department determines that additional study is needed to evaluate whether the exceedances are due to natural sources given the predominance of natural land uses in the watershed or based on information submitted to the Department, or

(i) A waterbody exceeds a generally applicable criterion, but the Department receives a petition for a SSAC pursuant to Rule 62-302.800, F.A.C., and additional time is needed to review and process the petition.

(j) For streams that do not meet the definition in Rule 62-302.200, F.A.C. and that do not have a site specific numeric interpretation of the narrative nutrient criterion, the nutrient thresholds in subparagraph 62-302.531(2)(c)2., F.A.C., are exceeded based on data from the last 7.5 years or sufficient Biological Health Assessment, chlorophyll a, or other response variable data are available to fully assess achievement of the nutrient provisions in paragraph 62-302.531(2)(c), F.A.C. are exceeded, but the Department receives a request from stakeholders for the waterbody to be excluded from the stream numeric nutrient criterion and additional time is needed to review and process the documentation.

(3) For waters placed on the Study List based on an increasing trend in nutrients or chlorophyll a pursuant to paragraph 62-303.390(2)(a), F.A.C., the Department shall notify local stakeholders about the increasing trend. A water shall be removed from the Study List upon development of a new site-specific interpretation of the narrative nutrient criteria for the waterbody that would address the trend, determination that there was a flaw in the original analysis, determination that there is no longer a statistically-significant increasing trend (at the 95 percent confidence level) for the two most recent listing cycles; development of a restoration plan meeting the requirements of subsection 62-303.600(1), F.A.C., that would address the trend; or placement of the water on the Verified List.

(4) For waters that meet the listing requirements under paragraph 62-303.390(2)(a) or (b), F.A.C. above, a stressor identification study shall be conducted to identify the causative pollutant(s) or other factor(s) responsible for nonattainment. A stressor identification study includes collection and analysis of physical, chemical, and biological data necessary to determine the causative pollutant(s) or other factor(s) causing nonattainment.

(5) For waters placed on the Study List based on exceedances of the nutrient stream thresholds pursuant to paragraph 62-303.390(2)(e), F.A.C., sufficient biological health assessments shall be collected to determine whether the stream attains the stream nutrient standard in paragraph 62-302.531(2)(c), F.A.C.

(6) For waters that fall under paragraph 62-303.390(2)(e), F.A.C., above, the Department shall conduct a site-specific assessment of the stream to determine potential causes of the nuisance macrophyte growth.

(7) For waters that fall under paragraph 62-303.390(2)(g), F.A.C., above, additional samples shall be collected to meet a minimum of 20 samples to re-assess the waterbody.

(8) For waters that fall under paragraph 62-303.390(2)(h), F.A.C., above, a bacterial source tracking study shall be conducted to evaluate whether anthropogenic sources are causing exceedances of the bacteriological criteria. The water shall be removed from the Study List if the Department confirms the exceedances are due to non-anthropogenic sources or shall be verified as impaired if at least ten percent of the exceedances are demonstrated to be due to anthropogenic sources.

(9) For waterbodies placed on the Study List to provide time to complete the review and otherwise process a petition for a SSAC, the Department shall reassess the waterbody during the next applicable assessment cycle for the basin.

(10) It is the Department’s goal to collect the additional data needed for waters placed on the Study List pursuant to paragraphs 62-303.390(2)(a) and (b), and (2)(d)-(h), F.A.C., as part of its watershed management approach, with the data collected during either the same cycle that the water is initially listed on the Study List or during the subsequent cycle. After collecting the additional data, the Department shall either list the waterbody on the Verified List or remove the waterbody from the Study List, as appropriate.

PART IV

THE VERIFIED LIST

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 7-2-12, Amended 2-17-16, 10-17-16, 11-25-25.

Chapter 62-304 TOTAL MAXIMUM DAILY LOADS

Fla. Admin. Code R. 62-304.100 Scope and Intent

(1) This chapter establishes Total Maximum Daily Loads, and their allocations, for waters that have been verified to be impaired by a pollutant pursuant to Chapter 62-303, F.A.C.

(2) The following abbreviations shall apply throughout this chapter: “TMDL” is Total Maximum Daily Load; “WLA” is Wasteload Allocation; “LA” is Load Allocation; “TN” is Total Nitrogen; “TP” is Total Phosphorus; “DO” is Dissolved Oxygen; “BOD” is Biochemical Oxygen Demand; “CBOD” is Carbonaceous Biochemical Oxygen Demand; “AGM” is Annual Geometric Mean; “NPDES” is National Pollutant Discharge Elimination System; “MS4” is Municipal Separate Storm Sewer System; and “Department” is Florida Department of Environmental Protection.

(3) This rule sections in this chapter are organized according to Florida’s geographic regions. This organization is designed to assist the public in finding specific TMDLs. This organization also tracks the Department’s watershed management approach, in which the Department has assigned all of the State’s basins to a specific Department district office. Some basin boundaries overlap more than one geographic region and readers are encouraged to check rule sections in adjacent geographic regions if they cannot find a TMDL for a given water body.

(4) Unless a TMDL contains an explicitly quantified margin of safety, the margin of safety is implicit for all TMDLs adopted in this chapter.

(5) TMDLs and their wasteload and load allocations are not self-implementing. Implementation of TMDLs and their allocations is conducted through other regulatory programs and the requirements of those programs. Load reductions required of individual sources may be adjusted through these other programs as long as the reductions are consistent with achieving the overall allocations set forth in the TMDL. Aggregated allocations for a category of sources are not intended to be applied uniformly to individual sources in that category, unless otherwise specified.

(6) Stormwater reductions are included in both the MS4 WLA and LA, as applicable. However, in determining the overall stormwater reductions needed, the Department does not differentiate between the MS4 WLA and the LA, and instead applies the same overall reductions to both as if the two categories were a single category source, unless otherwise specified.

(7) Pollutant reductions to attain a TMDL can come from many sources. The Department’s primary focus is obtaining reductions from the anthropogenic causes. It is not the intent of any of the TMDLs listed in this chapter to abate natural background conditions.

(8) Where a TMDL is expressed as a load with a duration other than daily, the daily load shall equal the identified load divided by the number of days in the expressed duration. Where a TMDL is expressed as a concentration, the daily load shall equal the expressed concentration multiplied by the daily average flow over the period of record. These daily expressions are for informational purposes only.

(9) Attainment of a TMDL is determined using the same assessment methodology as determining attainment of water quality criteria.

(10) A nutrient TMDL shall not constitute a site specific numeric interpretations of the narrative nutrient criterion pursuant to paragraph 62-302.531(2)(a), F.A.C., unless the notice of proposed rulemaking states that the Department intends for the proposed TMDL rule to establish such a site specific interpretation for the waterbody, and the Department has held a public meeting and asked for public comment during the rulemaking process.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-22-04, Amended 5-9-21, Reviewed 7-24-26.

Fla. Admin. Code R. 62-304.200 Definitions

NORTHWEST FLORIDA TMDLs

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.031, 403.061, 403.062, 403.067 FS. History–New 5-24-01, Repromulgated 12-22-04, Repealed 2-23-12.

Fla. Admin. Code R. 62-304.300 St. Marks River Basin TMDLs

(1) Munson Slough Above Lake Munson. The bacteriological TMDL for Munson Slough is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2006 period, will require a 31.6% reduction at sources contributing to exceedances of the criteria at Roberts Ave., and for the 2006 period, will require a 96.9% reduction at sources contributing to exceedances of the criteria at Springhill Road, and for the 1992 to 2007 period, will require a 91.5% reduction at sources contributing to exceedances of the criteria at Capital Circle S.W.; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2006 period, will require a 31.6% reduction at sources contributing to exceedances of the criteria at Roberts Ave., and for the 2006 period, will require a 96.9% reduction at sources contributing to exceedances of the criteria at Springhill Road, and for the 1992 to 2007 period, will require a 91.5% reduction at sources contributing to exceedances of the criteria at Capital Circle S.W.

(2) Upper Wakulla River. The nitrate-nitrite TMDL to address the biological impairment is an in-stream monthly mean concentration of 0.35 mg/L and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream nitrate-nitrite concentrations meet the TMDL target, which, based on the mean concentrations from the 2002-2007 period, will require a 56.2% reduction of nitrate-nitrite at sources contributing to the observed biological impairment.

(3) Munson Slough Above Lake Munson. The DO TMDLs are BOD of 2.00 mg/L, TN of 0.72 mg/L, and TP of 0.15 mg/L and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the DO dissolved oxygen criterion and TMDL concentrations, which, based on the median concentrations from the 1973-2007 period, will require a 50% reduction for BOD, BOD5, an 8.35% reduction for TN, and a 17.53% reduction for TP at sources contributing to exceedances of the criterion and TMDLs; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criterion and the TMDL concentrations, which, based on the median concentrations from the 1973-2007 period, will require a 50% reduction for BOD5, an 8.35% reduction for TN, and a 17.53% reduction for TP at sources contributing to exceedances of the criterion and TMDLs.

(4) Lake Munson. The turbidity TMDL is 31 Nephelometric turbidity units (NTUs) and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-lake concentrations meet the TMDL concentration, which, based on the median concentrations from the 1986-2007 period, will require a 31.9% reduction at sources contributing to exceedances; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-lake concentrations meet the TMDL concentration, which, based on the median concentrations from the 1986-2007 period, will require a 31.9% reduction at sources contributing to exceedances of the TMDL.

(5) Lake Munson. The DO and nutrient TMDLs are in-lake concentrations for BOD of 2.00 mg/L, TN of 0.765 mg/L, and TP of 0.044 mg/L and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-lake concentrations meet the DO criterion and the nutrient TMDL concentrations, which, based on the mean concentrations from the 2004-2008 period, will require a 50% reduction for BOD, a 32.5% reduction for TN, and a 76.7% reduction for TP at sources contributing to exceedances; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-lake concentrations meet the DO criterion and the TMDL concentrations, which, based on the mean concentrations from the 2004-2008 period, will require a 50% reduction for BOD, a 32.5% reduction for TN, and a 76.7% reduction for TP at sources contributing to exceedances of the criterion and BOD and nutrients TMDL concentrations.

(6) Munson Slough Below Lake Munson. The DO TMDL is an in-stream concentration for BOD of 2.00 mg/L and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criterion and BOD TMDL concentration, which, based on the mean concentration from the period 1986-2007, will require a 52.9% reduction for BOD at sources contributing to exceedances; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criterion and the BOD TMDL concentration, which, based on the mean concentrations from the 1986-2007 period, will require a 52.9% reduction for BOD at sources contributing to exceedances of the criteria.

(7) Munson Slough Below Lake Munson. The un-ionized ammonia impairment is addressed by reductions in total ammonia. The total ammonia TMDL is an in-stream concentration of 0.32 mg/L and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream un-ionized ammonia concentrations meet the water quality criterion, which, based on the mean concentration from the period 1971-2007, will require a 33.3% reduction of total ammonia at sources contributing to exceedances; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream un-ionized ammonia concentrations meet the water quality criterion, which, based on the mean concentrations from the 1971-2007 period, will require a 33.3% reduction of total ammonia at sources contributing to exceedances.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 10-21-08, Amended 3-22-12, 6-7-13, 5-9-21, Reviewed 7-24-26.

Fla. Admin. Code R. 62-304.305 Ochlockonee River Basin TMDLs

(1) Juniper Creek TMDL. The DO TMDL for Juniper Creek is based on achieving the Class 3 fresh water minimum DO criterion of 5.0 mg/L, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN criteria which, based on the measured concentrations from the 1979 to 2006 period, will require a 18.18% reduction at sources contributing to exceedances of the criteria; and

(b) The Load Allocation (LA) for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the total nitrogen (TN) criteria which, based on the measured concentrations from the 1979 to 2006 period, will require a 18.18% reduction at sources contributing to exceedances of the criteria.

(2) Juniper Creek. The bacteriological TMDL for Juniper Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1992 to 2007 period, will require a 48.1% reduction at sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1992 to 2007 period, will require a 48.1% reduction at sources contributing to exceedances of the criteria.

(3) Black Creek. The bacteriological TMDL Total Maximum Daily Load for the freshwater segment of Black Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, there currently are no NPDES point sources located in Black Creek;

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1992 to 2007 period, will require a 39.6% reduction at sources contributing to exceedances of the criteria.

(4) Swamp Creek. The bacteriological TMDL for Swamp Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1992 to 2007 period, will require a 69.2% reduction at sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1992 to 2007 period, will require a 69.2% reduction at sources contributing to exceedances of the criteria.

(5) Lake Tallavana. The nutrient TMDL for Lake Tallavana is a seven-year average of annual loads of 11,757 kilograms per year (kg/year) TN and 785 kg/year TP which are intended to achieve the applicable AGM chlorophyll a criterion for high color lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is a 25% reduction of TN and an 83% reduction of TP based on average loads from the 2002-2012 period.

(6) Lake Talquin. The nutrient TMDL for Lake Talquin is a seven-year average of annual loads of 1,134,850 kg/yr TN, and 112,326 kg/yr TP, which are intended to achieve the applicable AGM chlorophyll a criterion for high color lakes, and is allocated as follows:

(a) The WLA for the Quincy WWTF (Permit Number FL0029033) is 4,745 kg/yr of TN and 1,460 kg/yr of TP; and the WLA for the Arvah B. Hopkins Power Plant (Permit Number FL0025518) is 986 kg/yr of TN and 2,409 kg/yr of TP;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 19% reduction in TN (calculated from 1,396,458 kg/yr) and a 21% reduction in TP (calculated from 142,659 kg/yr), based on the maximum 7-year average load from the 2008 – 2017 period; and

(c) The LA for nonpoint sources is a 19% reduction in TN (calculated from 1,396,458 kg/yr) and a 21% reduction in TP (calculated from 142,659 kgs/yr), based on the maximum 7-year average load from the 2008 – 2017 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 10-21-08, Amended 5-17-18, 5-9-21, 5-16-22, Reviewed 7-24-26.

Fla. Admin. Code R. 62-304.310 Apalachicola River Basin TMDLs

(1) Huckleberry Creek. The bacteriological TMDL for Huckleberry Creek is a median of 6.85 x 109 colonies/day for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES Permitting Program is to meet the Class III water quality criteria for fecal coliform in Chapter 62-302, F.A.C.; and

(b) The LA for nonpoint sources is a median of 6.85 x 109 colonies/day for fecal coliform, which constitutes a 68.33% reduction of current fecal coliform loading.

(2) Flat Creek. The bacteriological TMDL for Flat Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the NPDES MS4 Permitting Program, to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria, is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the January 2007 to December 2007 period, will require a 38% reduction of sources contributing to exceedances of the criteria.

(3) Little Gully Creek. The TMDLs to address the low DO and nutrient impairments are an 11.3% reduction in both TN and TP and are allocated as follows:

(a) The WLA for point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program, to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria and nutrient targets, is not applicable; and

(c) The LA for nonpoint sources is an 11.3% reduction in current anthropogenic loadings of both TN and TP.

(4) Sweetwater Creek. The bacteriological TMDL for Sweetwater Creek is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program, to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria, is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the January 2007 to December 2007 period, will require a 40% reduction of sources contributing to exceedances of the criteria.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-22-05, Amended 10-15-09, 5-9-21, Reviewed 7-24-26.

Fla. Admin. Code R. 62-304.315 Chipola River Basin TMDLs

(1) Otter Creek. The bacteriological TMDL for Otter Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 35% reduction of sources contributing to exceedances of the criteria.

(2) Jackson Blue Spring and Merritts Mill Pond. The nitrate-nitrite TMDL is an in-stream monthly mean concentration of 0.35 mg/L and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream nitrate-nitrite concentrations meet the TMDL target, which, based on the mean concentrations from the 2000-2011 period, will require a 90% reduction of nitrate-nitrite.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 10-15-09, Amended 5-7-13, 5-9-21, Reviewed 7-24-26.

Fla. Admin. Code R. 62-304.325 Choctawhatchee River Basin TMDLs

(1) Choctawhatchee River. The bacteriological TMDL for the Choctawhatchee River from the state line to Wrights Creek is an annual median of 4.913 x 1013 colonies/day, and is allocated as follows:

(a) The WLA for wastewater point sources is for each facility to meet its permit limits for fecal coliform;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the average measured concentrations for the year the Secretary adopted the verified list that first listed the waterbody as impaired for fecal coliform, will require a 60% reduction of in-stream fecal coliform concentrations.

(2) Alligator Creek. The bacteriological TMDL for Alligator Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2002 to 2009 period, will require a 94% reduction of sources contributing to exceedances of the criteria.

(3) Camp Branch. The bacteriological TMDL for Camp Branch is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources must meet the facility’s permit condition. The WLA is granted to the City of Bonifay Wastewater Treatment Facility (WWTF);

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2002 to 2009 period, will require an 88% reduction of sources contributing to exceedances of the criteria.

(4) Minnow Creek. The bacteriological TMDL for Minnow Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2002 to 2009 period, will require an 81% reduction of sources contributing to exceedances of the criteria.

(5) Minnow Creek. The DO TMDLs for Minnow Creek are 21,310 lbs/year of TN and 3,195 lbs/year of TP, and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criterion, which, based on the average of the calculated loadings from the 2003 – 2008 period, will require a 30% reduction of TN and 31% reduction of TP at sources contributing to exceedances of the criteria.

(6) Sikes Creek. The bacteriological TMDL for Sikes Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2002 to 2009 period, will require a 48% reduction of sources contributing to exceedances of the criteria.

(7) Sikes Creek. The DO TMDL for Sikes Creek is 21,819 lbs/year of TN, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criterion, which, based on the average of the calculated loadings from the 2004-2008 period, will require a 24% reduction of TN at sources contributing to exceedances of the criteria.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 8-3-06, Amended 8-26-10, 10-12-10, 5-9-21, Reviewed 7-24-26.

Fla. Admin. Code R. 62-304.330 Pensacola Bay Basin TMDLs

(1) Bayou Chico, Jones Creek, Jackson Creek, Bayou Chico Beach and Sanders Beach. The bacteriological TMDL for Bayou Chico, Jones Creek, Jackson Creek, Bayou Chico Beach and Sanders Beach is 400 counts/100 ml for fecal coliform and is allocated as follows:

(a) A WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1998 to 2005 period, will require a 61% reduction at sources contributing to exceedances of the criteria; and

(c) The Load Allocation (LA) for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1998 to 2005 period, will require a 61% reduction at sources contributing to exceedances of the criteria.

(2) Blackwater River (Tidal). The bacteriological TMDL for the Blackwater River (Tidal) is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for the Milton Wastewater Treatment Facility (Permit Number FL0021903) is that the facility must meet its permit limits for fecal coliform;

(b) The WLA for discharges subject to the Department’s NPDES MS4 is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2011 period, will require a 7% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2011 period, will require a 7% reduction at sources contributing to exceedances of the criteria.

(3) East Bay River (Marine Portion). The bacteriological TMDL for the East Bay River (Marine Portion) is 43 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2011 period, will require a 92% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2011 period, will require a 92% reduction of sources contributing to exceedances of the criteria.

(4) Escambia River. The bacteriological TMDL for the Escambia River is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2011 period, will require a 5% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2011 period, will require a 5% reduction of sources contributing to exceedances of the criteria.

(5) Texar Bayou. The bacteriological TMDL for Texar Bayou is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2011 period, will require a 49% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2011 period, will require a 49% reduction of sources contributing to exceedances of the criteria.

(6) Carpenter Creek. The bacteriological TMDL for Carpenter Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2006 and 2012, will require a 28% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2006 and 2012, will require a 28% reduction of sources contributing to exceedances of the criteria.

(7) Turkey Creek. The bacteriological TMDL for Turkey Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2006, 2007, and 2009, will require a 73% reduction of sources contributing to exceedances of the criteria.

(8) Yellow River. The bacteriological TMDL for the Yellow River is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2011 period, will require a 60% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2011 period, will require a 60% reduction of sources contributing to exceedances of the criteria.

(9) Judges Bayou (freshwater). The DO TMDL for the freshwater sections of Judges Bayou is a 74% reduction in TN and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on reference stream concentrations for the 2003-2010 period, will require a 74% reduction of TN for sources contributing to the DO impairment; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on reference stream concentrations from the 2003 to 2010 period, will require a 74% reduction of TN for sources contributing to the dissolved oxygen impairment.

(10) North Escambia Bay and Judges Bayou (marine). The TP TMDL for the Pensacola Bay estuary required to restore the marine sections of North Escambia Bay and Judges Bayou is 601,345 lbs/year, a 35% reduction in TP from the 2002-2009 period to address nutrient impairments. The existing total nitrogen TN loading to the Pensacola Bay estuary is 16,795,853 lbs/year, and no reduction is required. The TMDL is allocated as follows:

(a) The WLA for wastewater point sources discharging to the lower Escambia River and areas adjacent to the impaired waters is divided between GulfPower Company (NPDES permit FL0002275), Pace Water System, Inc. (NPDES permit FL0102202), and Ascend Performance Materials LLC (NPDES permit FL0002488). The allocation to GulfPower Company for TP is 2,852 lbs/year and 21,392 lbs/year for TN. The allocation to Pace Water System, Inc. for TP is 3,852 lbs/year and 32,052 lbs/year for TN. The allocation to Ascend Performance Materials, LLC for TP is 5,147 lbs/year 73,171 lbs/yr for TN;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentration meet the TP and TN targets which, based on modeled concentration for the 2002-2009 period, will require a 35% reduction of TP and a 0 (zero) % reduction in TN for sources contributing to the nutrient impairment; and,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on modeled concentrations from the 2002 to 2009 period, will require a 35% reduction of TP and a 0 (zero) % reduction in TN for sources contributing to the nutrient impairment;

(d) The Department will establish the detailed allocation for sources in paragraphs (b) and (c) above, pursuant to Section 403.067(6)(a), F.S.

(11) Bayou Chico (marine). The TMDL for the marine sections of Bayou Chico is a 30% reduction in TN and a 30% reduction for TP to address a nutrient impairment, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on modeled concentrations for the 2002-2009 period, will require a 30% reduction of both TN and TP for sources contributing to the nutrient impairment; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on modeled concentrations from the 2002 to 2009 period, will require a 30% reduction of both TN and TP for sources contributing to the nutrient impairment.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-3-08, Amended 11-14-12, 2-27-13, 6-7-13, 5-9-21, Reviewed 7-24-26.

Fla. Admin. Code R. 62-304.335 Perdido Bay Basin TMDLs

(1) Elevenmile Creek (US 90). The bacteriological TMDL is 400 counts/100 ml fecal coliform and is allocated as follows:

(a) The WLA for wastewater point sources subject to the Department’s NPDES Permitting Program is to meet the Class III water quality criteria for fecal coliform in Chapter 62-302, F.A.C.;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1972 to 2006 period, will require a 63% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1972 to 2006 period, will require a 63% reduction at sources contributing to exceedances of the criteria.

(2) Elevenmile Creek (State Road 297A). The bacteriological TMDL is 400 counts/100 ml for fecal coliform and is allocated as follows:

(a) The WLA for wastewater point sources subject to the Department’s NPDES Permitting Program is to meet the Class III water quality criteria for fecal coliform in Chapter 62-302, F.A.C.;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1972 to 2006 period, will require a 66% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1972 to 2006 period, will require a 66% reduction at sources contributing to exceedances of the criteria.

(3) Tenmile Creek. The bacteriological TMDL for Fecal Coliforms for Tenmile Creek is 400 counts/100 ml for fecal coliform and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1972 to 2006 period, will require a 43% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1972 to 2006 period, will require a 43% reduction at sources contributing to exceedances of the criteria.

(4) Brushy Creek. The bacteriological TMDL for Brushy Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2011 period, will require a 64% reduction of sources contributing to exceedances of the criteria.

NORTHEAST FLORIDA TMDLs

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-3-08, Amended 11-14-12, 5-9-21.

Fla. Admin. Code R. 62-304.400 Upper Suwannee River Basin TMDLs

(1) Upper Suwannee River Basin Fecal Coliform TMDLs. For each Class III surface water of the state in the Upper Suwannee River Basin verified as impaired for fecal coliform, the TMDL is 400 counts/100 mL fecal coliform and shall be allocated as follows:

(2) The WLA for the NPDES wastewater point sources is not applicable;

(3) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(4) The LA for nonpoint sources is to address anthropogenic sources in the basin such that the in-waterbody concentrations meet the 400 counts/100 mL fecal coliform criterion.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 9-14-14, Amended 5-9-21.

Fla. Admin. Code R. 62-304.405 Lower Suwannee River Basin TMDLs

(1) Lower Suwannee River Basin Fecal Coliform TMDLs. For each Class III surface water of the state in the Lower Suwannee River Basin verified as impaired for fecal coliform, the TMDL is 400 counts/100 mL fecal coliform and shall be allocated as follows:

(a) The WLA for the NPDES wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that the in-waterbody concentrations meet the 400 counts/100 mL fecal coliform criterion.

(2) Suwannee River (downstream of the confluence with the Withlacoochee River). The TMDLs for the Suwannee River (downstream of the confluence with the Withlacoochee River) are to achieve 0.35 mg/L nitrate-nitrite for the discharge from Suwannee River, and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-nitrite. The range of percent reduction necessary to achieve the LA is estimated between 0 and 51% depending on the month and location within the basin. Achievement of the TMDL constitutes achievement of a percent reduction.

(3) Branford Springs. The TMDL for Branford Springs is to achieve a monthly average of 0.35 mg/L nitrate-nitrite, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-nitrite. The percent reduction is an estimated 61%. Achievement of the TMDL constitutes meeting the water quality target.

(4) Falmouth Springs. The TMDL for Falmouth Springs is to achieve a monthly average of 0.35 mg/L nitrate-nitrite, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-nitrite. The percent reduction is an estimated 62%. Achievement of the TMDL constitutes meeting the water quality target.

(5) Royal Springs. The TMDL for Royal Springs is to achieve a monthly average of 0.35 mg/L nitrate-nitrite, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-nitrite. The percent reduction is an estimated 74%. Achievement of the TMDL constitutes meeting the water quality target.

(6) Ruth Springs. The TMDL for Ruth Springs is to achieve a monthly average of 0.35 mg/L nitrate-nitrite, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-nitrite. The percent reduction is an estimated 92%. Achievement of the TMDL constitutes meeting the water quality target.

(7) Troy Springs. The TMDL for Troy Springs is to achieve a monthly average of 0.35 mg/L nitrate-nitrite, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-nitrite. The percent reduction is an estimated 81%. Achievement of the TMDL constitutes meeting the water quality target.

(8) Fanning Springs. The TMDL for Fanning Springs is to achieve a monthly average of 0.35 mg/L nitrate-nitrite, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-nitrite. The percent reduction is an estimated 92%. Achievement of the TMDL constitutes meeting the water quality target.

(9) Manatee Springs. The TMDL for Manatee Springs is to achieve a monthly average of 0.35 mg/L nitrate-nitrite, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-nitrite. The percent reduction is an estimated 79%. Achievement of the TMDL constitutes meeting the water quality target.

(10) Lower Suwannee Estuary. The TMDL for Lower Suwannee Estuary is to achieve a monthly average of 0.35 mg/L nitrate-nitrite, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-nitrite. The range of percent reduction necessary to achieve the LA is estimated between 30 and 58% depending on the month and location within the basin. Achievement of the TMDL constitutes meeting the water quality target.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-3-03, Amended 11-16-08, 9-14-14, 5-9-21.

Fla. Admin. Code R. 62-304.406 Aucilla River Basin TMDLs

(1) Wacissa River. The nutrient TMDL for the Wacissa River is an in-stream monthly arithmetic mean concentration of 0.20 mg/L nitrate-nitrite, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 39% reduction of nitrate-nitrite based on average concentrations from the 2005-2015 period; and

(c) The LA for nonpoint sources is a 39% reduction of nitrate-nitrite based on average loads from the 2005-2015 period.

(2) Wacissa Springs. The nutrient TMDL for Wacissa Springs is a monthly arithmetic mean of 0.24 mg/L nitrate-nitrite at the spring vent, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 38% reduction of nitrate-nitrite based on average concentrations from the 2005-2015 period; and

(c) The LA for nonpoint sources is a 38% reduction of nitrate-nitrite based on average loads from the 2005-2015 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 5-30-17, Amended 5-9-21.

Fla. Admin. Code R. 62-304.410 Santa Fe River Basin TMDLs

(1) Santa Fe River TMDLs. Santa Fe River TMDL for nutrient and dissolved oxygen impairments: The TMDL for nutrients in the Santa Fe River (below river rise) is to achieve a monthly average of 0.35 mg/L nitrate-nitrite, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to meet a monthly average in-stream ambient water quality target of 0.35 mg/L nitrate-nitrite. The range of reduction necessary to achieve the LA is estimated between 13 and 35% depending on the month and location within the basin. Achievement of the TMDL constitutes meeting the water quality target; and

(c) The LA for nonpoint sources is to meet a monthly average of 0.35 mg/L nitrate-nitrite. The range of percent reduction necessary to achieve the LA is estimated between 13 and 35% depending on the month and location within the basin. Achievement of the TMDL constitutes meeting the water quality target.

(2) New River TMDL. The bacteriological TMDL for New River 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 2007 period, will require a 45% reduction at sources contributing to exceedances of the criteria.

(3) New River TMDL. The DO TMDL for the New River is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that there is a 38% reduction of current anthropogenic TN loading to the upper portion of the New River, a 13% reduction of current anthropogenic TN loading to the lower portion of the New River, and a 38% reduction of current anthropogenic TP loading to the lower portion of the New River, based on measured concentrations from the 1995 to 2006 period.

(4) Alligator Lake TMDLs. The nutrient and DO TMDL in Alligator Lake is 42,595 pounds/year of TN (a 28.4% reduction) and 3,050 pounds/year of TP (a 61.2% reduction) and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LAs for nonpoint sources are 42,595 pounds/year of TN and 3,050 pounds/year of TP.

(5) Santa Fe River Basin Fecal Coliform TMDLs. For each Class III surface water of the state in the Santa Fe River Basin verified as impaired for fecal coliform, the TMDL is 400 counts/100 mL fecal coliform and shall be allocated as follows:

(a) The WLA for NPDES wastewater point sources is established by their NPDES permit conditions included to attain the fecal coliform criteria;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that the in-waterbody concentrations meet the 400 counts/100 mL fecal coliform criterion; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that the in-waterbody concentrations meet the 400 counts/100 mL fecal coliform criterion.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 11-16-08, Amended 12-7-08, 9-14-14, 5-9-21.

Fla. Admin. Code R. 62-304.415 Lower St. Johns River Basin TMDLs

(1) Lower St. Johns River (freshwater segments from Buffalo Bluff to Black Creek). The TMDL for the freshwater segments of the Lower St. Johns River, which is that portion of the river from Buffalo Bluff to Black Creek, is 500,325 kilograms per year (kg/y) of TP and 8,571,563 kg/y of TN, and is allocated as follows:

(a) The WLA for point sources discharging to the freshwater portion of the river is 46,357 kg/y of TP and 236,695 kg/y of TN; and

(b) The LA for nonpoint sources is 453,968 kg/y of TP and 8,334,868 kg/y of TN.

(2) Lower St. Johns River (marine segments). The TMDL for the marine segments of the Lower St. Johns River, which is that portion of the river from Black Creek to the mouth, is 1,376,855 kilograms per year (kg/y) of TN, and is allocated as follows:

(a) The WLA for point sources discharging to the marine portion of the river is 1,027,590 kg/y of TN; and

(b) The LA for nonpoint sources discharging to the marine portion of the river is 349,265 kg/y of TN.

(3) Durbin Creek. The bacteriological TMDL for Durbin Creek is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 63% reduction of current anthropogenic fecal coliform loading; and

(b) The LA for nonpoint sources is a 63% reduction of current fecal coliform loading.

(4) Goodbys Creek. The bacteriological TMDL for Goodbys Creek is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is an 87% reduction of current anthropogenic fecal coliform loading; and

(b) The LA for nonpoint sources is an 87% reduction of current fecal coliform loading.

(5) Hogan Creek. The bacteriological TMDL for Hogan Creek is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 92% reduction of current anthropogenic fecal coliform loading; and

(b) The LA for nonpoint sources is a 92% reduction of current fecal coliform loading.

(6) Miramar Creek. The bacteriological TMDL for Miramar Creek is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 92% reduction of current anthropogenic fecal coliform loading; and

(b) The LA for nonpoint sources is a 92% reduction of current fecal coliform loading.

(7) Butcher Pen Creek. The bacteriological TMDL for Butcher Pen Creek is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater discharges subject to the Department’s NPDES Permitting Program is to meet the applicable water quality criteria for fecal coliforms;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is an 83% reduction of current anthropogenic fecal coliform loading; and

(c) The LA for nonpoint sources is an 83% reduction of current fecal coliform loading.

(8) Cedar River. The bacteriological TMDL for the Cedar River is 400 counts/100 mL for fecal coliform and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is an 83% reduction of current anthropogenic fecal coliform loading;

(b) The LA for nonpoint sources is an 83% reduction of current fecal coliform loading; and

(9) Williamson Creek. The bacteriological TMDL for Williamson Creek is 400 counts/100 mL for fecal coliform and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is an 83% reduction of current anthropogenic fecal coliform loading; and

(b) The LA for nonpoint sources is an 83% reduction of current fecal coliform loading.

(10) Wills Branch. The bacteriological TMDL for Wills Branch is 400 counts/100 mL for fecal coliform and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is an 80% reduction of current anthropogenic fecal coliform loading; and

(b) The LA for nonpoint sources is an 80% reduction of current fecal coliform loading.

(11) Moncrief Creek. The bacteriological TMDL for Moncrief Creek is 400 counts/100 mL for fecal coliform and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is an 83% reduction of current anthropogenic fecal coliform loading; and

(b) The LA for nonpoint sources is an 83% reduction of current fecal coliform loading.

(12) Ribault River. The bacteriological TMDL for the Ribault River is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater discharges subject to the Department’s NPDES Permitting Program is to meet the applicable water quality criteria for fecal coliforms;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 50% reduction of current anthropogenic fecal coliform loading; and

(c) The LA for nonpoint sources is a 50% reduction of current fecal coliform loading.

(13) Big Davis Creek. The bacteriological TMDL for Big Davis Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 2007 period, will require a 69% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 2007 period, will require a 69% reduction of sources contributing to exceedances of the criteria.

(14) Big Fishweir Creek. The bacteriological TMDL for Big Fishweir Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 to 2008 period, will require a 87% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 to 2008 period, will require a 87% reduction of sources contributing to exceedances of the criteria.

(15) Block House Creek. The bacteriological TMDL for Block House Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1991 to 2006 period, will require a 82% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1991 to 2006 period, will require a 82% reduction of sources contributing to exceedances of the criteria.

(16) Deep Bottom Creek. The bacteriological TMDL for Deep Bottom Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1999 to 2007 period, will require a 82% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1999 to 2007 period, will require a 82% reduction of sources contributing to exceedances of the criteria.

(17) Deer Creek. The bacteriological TMDL for Deer Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 2007 period, will require a 86% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 2007 period, will require a 86% reduction of sources contributing to exceedances of the criteria.

(18) McCoy Creek. The bacteriological TMDL for McCoy Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 2007 period, will require a 84% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 2007 period, will require a 84% reduction of sources contributing to exceedances of the criteria.

(19) Miller Creek. The bacteriological TMDL for Miller Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1991 to 2007 period, will require a 92% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1991 to 2007 period, will require a 92% reduction of sources contributing to exceedances of the criteria.

(20) New Castle Creek. The bacteriological TMDL for New Castle Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1991 to 2006 period, will require a 84% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1991 to 2006 period, will require a 84% reduction of sources contributing to exceedances of the criteria.

(21) Open Creek. The bacteriological TMDL for Open Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 to 2007 period, will require a 60% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 to 2007 period, will require a 60% reduction of sources contributing to exceedances of the criteria.

(22) Sherman Creek. The bacteriological TMDL for Sherman Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 to 2008 period, will require a 71% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 to 2008 period, will require a 71% reduction of sources contributing to exceedances of the criteria.

(23) Terrapin Creek. The bacteriological TMDL for Terrapin Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 2007 period, will require a 71% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 2007 period, will require a 71% reduction of sources contributing to exceedances of the criteria.

(24) Trout River, freshwater segment. The bacteriological TMDL for the freshwater segment of Trout River is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 to 2007 period, will require a 66% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 to 2007 period, will require a 66% reduction of sources contributing to exceedances of the criteria.

(25) Trout River, marine segment. The bacteriological TMDL for the marine segment of Trout River is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 to 2007 period, will require a 60% reduction of sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 to 2007 period, will require a 60% reduction of sources contributing to exceedances of the criteria.

(26) Arlington River. The TMDL for Arlington River is a 30% reduction in TN to address a nutrient impairment, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on the measured concentrations from the 1973 to 2008 period, will require a 30% reduction of TN for sources contributing to the nutrient impairment; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on the measured concentrations from the 1973 to 2008 period, will require a 30% reduction of TN for sources contributing to the nutrient impairment.

(d) The percent reduction for TN identified in this TMDL is established to be consistent with the TMDLs for TN identified in subsections (1) and (2) of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St. John’s River.

(27) Black Creek. The TMDL for Black Creek is a lead concentration of 0.545 ug/L and is allocated as follows:

(a) The WLA for wastewater facilities discharging lead is that they shall not exceed the lead criterion;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 73.2% reduction from sources contributing to exceedances of the lead criterion; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 73.2% reduction from sources contributing to exceedances of the lead criterion.

(28) Black Creek – South Fork. The TMDL for the Black Creek – South Fork is a lead concentration of 0.545 ug/L and is allocated as follows:

(a) The WLA for wastewater point sources discharging lead is that they shall not exceed the lead criterion;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 76.8% reduction from sources contributing to exceedances of the lead criterion; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 76.8% reduction from sources contributing to exceedances of the lead criterion.

(29) Doctors Lake. The TMDL for Doctors Lake is a 50% reduction in TN to address the nutrient impairment, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN which, based on the measured concentrations from the 1971 to 2008 period, will require a 50% reduction of TN for sources contributing to exceedances of the nutrient criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on the measured concentrations from the 1971 to 2008 period, will require a 50% reduction of TN for sources contributing to exceedances of the nutrient criteria.

(d) The percent reduction for TN identified in this TMDL is established to be consistent with the TMDLs for TN identified in subsections (1) and (2) of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St. John’s River.

(30) Dog Branch. The TMDLs for Dog Branch are a 30% reduction in TN and a 30% reduction in TP to address low DO and nutrient impairments, and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1985 to 2008 period, will require a 30% reduction in TN and a 30% reduction in TP from sources contributing to exceedances of the DO and nutrient criteria; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1985 to 2008 period, will require a 30% reduction of TN and a 30% reduction of TP from sources contributing to exceedances of the DO and nutrient criteria.

(d) The percent reductions for TN and TP identified in this TMDL are established to be consistent with the TMDLs for TN and TP identified in subsections (1) and (2) as applicable, of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St. John’s River.

(31) Greene Creek. The bacteriological TMDL for Greene Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2002 to 2008 period, will require a 45% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2002 to 2008 period, will require a 45% reduction of sources contributing to exceedances of the criteria.

(32) Grog Branch. The bacteriological TMDL for Grog Branch is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 59% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 59% reduction of sources contributing to exceedances of the criteria.

(33) Julington Creek. The bacteriological TMDL for Julington Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 59% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 59% reduction of sources contributing to exceedances of the criteria.

(34) Little Black Creek. The bacteriological TMDL for Little Black Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for the Ridaught Landing Wastewater Treatment Facility is that it must meet its NPDES permit conditions;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 27% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 27% reduction of sources contributing to exceedances of the criteria.

(35) Middle Trout River. The TMDLs for Middle Trout River are a 30% reduction in TN and a 70% reduction in TP to address the DO and nutrient impairments, and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1967 to 2008 period, will require a 30% reduction of TN and a 70% reduction of TP from sources contributing to exceedances of the DO and nutrient criteria; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1967 to 2008 period, will require a 30% reduction of TN and a 70% reduction of TP from sources contributing to exceedances of the DO and nutrient criteria.

(d) The percent reduction for TN identified in this TMDL is established to be consistent with the TMDLs for TN identified in subsections (1) and (2), of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St. John’s River.

(36) Mill Creek. The bacteriological TMDL for Mill Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2002 to 2008 period, will require a 72% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2002 to 2008 period, will require a 72% reduction of sources contributing to exceedances of the criteria.

(37) Mill Creek. The TMDLs for Mill Creek are a 30% reduction in TN and a 30% reduction in TP to address the DO and nutrient impairments, and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1992 to 2008 period, will require a 30% reduction of TN and a 30% reduction of TP from sources contributing to exceedances of the DO and nutrient criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1992 to 2008 period, will require a 30% reduction of TN and a 30% reduction of TP from sources contributing to exceedances of the DO and nutrient criteria.

(d) The percent reductions for TN and TP identified in this TMDL are established to be consistent with the TMDLs for TN and TP identified in subsections (1) and (2) as applicable, of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St. John’s River.

(38) Ortega River. The bacteriological TMDL for Ortega River is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 72% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 72% reduction of sources contributing to exceedances of the criteria.

(39) Ortega River. The TMDL for Ortega River is a 30% reduction in TN to address the DO and nutrient impairments, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on the measured concentrations from the 1967 to 2008 period, will require a 30% reduction of TN from sources contributing to exceedances of the DO and nutrient criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on the measured concentrations from the 1967 to 2008 period, will require a 30% reduction of TN from sources contributing to exceedances of the DO and nutrient criteria.

(d) The percent reduction for TN identified in this TMDL is established to be consistent with the TMDLs for TN identified in subsections (1) and (2) of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St. John’s River.

(40) Peters Creek. The bacteriological TMDL for Peters Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2007 period, will require a 41% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2007 period, will require a 41% reduction of sources contributing to exceedances of the criteria.

(41) Peters Creek. The TMDL for Peters Creek is a lead concentration of 0.545 ug/L and is allocated as follows:

(a) The WLA for wastewater point sources discharging lead is that they shall not exceed the lead criterion;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 80% reduction from sources contributing to exceedances of the lead criterion; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the lead criterion which, based on the measured concentrations from the 2001 to 2008 period, will require a 80% reduction from sources contributing to exceedances of the lead criterion.

(42) Pottsburg Creek. The bacteriological TMDL for Pottsburg Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 50% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 50% reduction of sources contributing to exceedances of the criteria.

(43) Sixteen Mile Creek. The TMDLs for Sixteen Mile Creek are a 30% reduction in TN and a 30% reduction in TP to address the DO impairment, and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1987 to 2008 period, will require a 30% reduction of TN and a 30% reduction of TP from sources contributing to exceedances of the DO criteria; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on the measured concentrations from the 1987 to 2008 period, will require a 30% reduction of TN and a 30% reduction of TP from sources contributing to exceedances of the DO criteria;

(d) The percent reductions for TN and TP identified in this TMDL are established to be consistent with the TMDLs for TN and TP identified in subsections (1) and (2), as applicable, of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St. John’s River.

(44) Strawberry Creek. The bacteriological TMDL for Strawberry Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 58% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 58% reduction of sources contributing to exceedances of the criteria.

(45) Swimming Pen Creek. The TMDL for Swimming Pen Creek is a 30% reduction in TN to address the DO and nutrient impairments, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on the measured concentrations from the 1973 to 2008 period, will require a 30% reduction of TN from sources contributing to exceedances of the DO and nutrient criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on the measured concentrations from the 1973 to 2008 period, will require a 30% reduction of TN from sources contributing to exceedances of the DO and nutrient criteria;

(d) The percent reduction for TN identified in this TMDL is established to be consistent with the TMDLs for TN identified in subsections (1) and (2) of this rule. The required reductions are not additive to the extent they are protective of this waterbody and the mainstem of the Lower St. John’s River.

(46) Cormorant Branch. The bacteriological TMDL for Cormorant Branch is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 73% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 73% reduction of sources contributing to exceedances of the criteria.

(47) Craig Creek. The bacteriological TMDL for Craig Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require an 87% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require an 87% reduction of sources contributing to exceedances of the criteria.

(48) Fishing Creek. The bacteriological TMDL for Fishing Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources must meet the facility’s permit condition. The WLA is granted to Jacksonville Heights Wastewater Reclamation Facility;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 69% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 69% reduction of sources contributing to exceedances of the criteria.

(49) Greenfield Creek. The bacteriological TMDL for Greenfield Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 70% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 70% reduction of sources contributing to exceedances of the criteria.

(50) Hopkins Creek. The bacteriological TMDL for Hopkins Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 67% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 67% reduction of sources contributing to exceedances of the criteria.

(51) Crescent Lake. The nutrient TMDL for Crescent Lake is a seven-year average of annual loads of 462,059 kilograms per year (kg/year) TN and 26,289 kg/year TP, which are intended to achieve AGM chlorophyll a concentration of 15 µg/L not to be exceeded more than one in any three-calendar year period, and is allocated as follows:

(a) The WLA for the City of Bunnell Wastewater Treatment Facility is 5,761 kg/year for TN and 318 kg/year for TP. The WLA for Crescent City Wastewater Treatment Facility is that it must meet the facility’s NPDES permit conditions;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 34% reduction of TN and a 58% reduction of TP based on average concentrations from the 2000-2013 period;

(c) The LA for nonpoint sources is a 34% reduction of TN and a 58% reduction of TP based on average loads from the 2000-2013 period.

(52) Haw Creek above Crescent Lake. The DO TMDL for Haw Creek above Crescent Lake is a seven-year average of annual loads of 504,043 lbs/year TN and 21,880 lbs/year TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 28% reduction of TN (calculated from 680,261 lbs/year) and a 62% reduction of TP (calculated from 55,813 lbs/year), which are based on the highest seven-year average of annual loads from the 2004 – 2015 period; and

(c) The LA for nonpoint sources is a 28% reduction of TN (calculated from 680,261 lbs/year) and a 62% reduction of TP (calculated from 55,813 lbs/year), which are based on the highest seven-year average of annual loads from the 2004 – 2015 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-3-03, Amended 5-15-06, 6-3-08, 7-27-09, 11-2-09, 7-21-10, 5-30-17, 5-9-21, 2-8-22.

Fla. Admin. Code R. 62-304.425 Nassau River Basin TMDLs

(1) Unnamed Branch. The bacteriological TMDL for Unnamed Branch is 400 counts/100 mL for fecal coliform and is allocated as follows:

(2) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2004 period, will require a 46% reduction at sources contributing to exceedances of the criteria; and

(3) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2004 period, will require a 46% reduction at sources contributing to exceedances of the criteria.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.031, 403.061, 403.062, 403.067 FS. History–New 5-1-07, Amended 5-9-21.

Fla. Admin. Code R. 62-304.435 Upper East Coast Basin TMDLs

(1) Spruce Creek (Freshwater Segment). The bacteriological TMDL for the freshwater segment of Spruce Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1997 to 2005 period, will require a 53% reduction at sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1997 to 2005 period, will require a 53% reduction at sources contributing to exceedances of the criteria.

(2) Spruce Creek (Marine Segment). The TMDL for the marine segment of Spruce Creek is based on achieving the Class 3 marine minimum DO criterion of 4.0 mg/L, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 25% reduction of current anthropogenic BOD loading, and a 27% reduction of current anthropogenic TP loading based on measured concentrations from the 1992 to 2005 period; and

(b) The LA for nonpoint sources is a 25% reduction of current anthropogenic BOD loading, and a 27% reduction of current anthropogenic TP loading based on measured concentrations from the 1992 to 2005 period.

(3) Pellicer Creek. The bacteriological TMDL for Pellicer Creek is 43 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2004, 2005, and 2009, will require a 94% reduction of sources contributing to exceedances of the criteria.

(4) Tomoka River (Fresh Water Segment). The TMDL to address the nutrient impairment in the freshwater segment of Tomoka River is an annual average TN and TP concentration of 0.78 mg/L and 0.065 mg/L, respectively, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES Permitting Program (MS4) is a 30% reduction of current anthropogenic TN loading, and a 30% reduction of current anthropogenic TP loading based on measured concentrations from the 1992 to 2011 period; and

(c) The LA for nonpoint sources is a 30% reduction of current anthropogenic TN and TP loadings based on measured concentrations from the 1992 to 2011 period.

(5) Halifax River (Northern Segment). The TMDL to address the nutrient impairment in the northern segment of Halifax River is an annual average TN and TP concentration of 1.13 mg/L and 0.185 mg/L, respectively, and is allocated as follows:

(a) The WLA for the Ormond Beach Wastewater Treatment Facility (WWTF) is 109,666 lbs TN/yr and 18,278 lbs TP/yr. The WLA for the Holly Hill WWTF is 21,933 lbs TN/yr and 7,311 lbs TP/yr. The WLA for the Daytona Beach/Bethune Point WWTF is 182,777 lbs TN/yr and 60,926 lbs TP/yr;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program (MS4) is a 9% reduction of current anthropogenic TN loading based on measured concentrations from the 1995 to 2010 period; and

(c) The LA for nonpoint sources is a 9% reduction of current anthropogenic TN loading, based on measured concentrations from the 1995 to 2010 period.

(6) South Matanzas River (from the City of Palm Coast to the northern portions of Flagler Beach). The TMDL to address the nutrient impairment in the South Matanzas River from the City of Palm Coast to the northern portions of Flagler Beach is an annual TN and TP load of 807,418 lbs TN/yr and 86,685 lbs TP/yr, and is allocated as follows:

(a) The WLA for the Palm Coast WWTF#1 is 111,190 lbs TN/yr and 30,466 lbs TP/yr. The WLA for the Palm Coast WWTF #2 facility is WLA is 6,483 lbs TN/yr and 1,625 lbs TP/yr. The WLA for Beverly Beach WWTF is 4,606 lbs TN/yr and 503 lbs TP/yr. The WLA for the Dunes CDD-Reverse Osmosis Concentrate facility is 1,531 lbs TN/yr and 323 lbs TP/yr;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 29% reduction of current anthropogenic TN and TP loadings based on measured concentrations from the 1997 to 2009 period; and

(c) The LA for nonpoint sources is a 29% reduction of current anthropogenic TN and TP loadings based on measured concentrations from the 1997 to 2009 period.

CENTRAL FLORIDA TMDLs

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-3-08, Amended 11-14-12, 8-18-13, 5-9-21.

Fla. Admin. Code R. 62-304.500 Ocklawaha River Basin TMDLs

(1) Hatchet Creek. The Iron TMDL for Hatchet Creek is 35.91 pounds per day and is allocated as follows:

(a) The WLA for point sources discharging wastewater to Hatchet Creek is 5.6 pounds per day and for discharges subject to the Department’s NPDES MS4 Permitting Program is a 30.8% reduction in current Iron loading; and

(b) The LA for nonpoint sources is a 30.8% reduction in current Iron loading.

(2) Hogtown Creek. The bacteriological TMDL for Hogtown Creek is a 51% reduction in Fecal Coliform loading and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 51% reduction in current loading; and

(b) The LA for nonpoint sources is a 51% reduction in current loading.

(3) Lake Apopka. The TMDL for TP for Lake Apopka, which includes Lake Apopka Outlet and Gourd Neck Spring, is 15.9 metric tons per year, and is allocated as follows:

(a) The WLA for the Winter Garden WWTF is 1.21 metric tons per year;

(b) The LA for nonpoint sources is 14.16 metric tons per year; and,

(c) The Margin of Safety is 0.53 metric tons per year.

(4) Lake Beauclair. The TMDL for TP for Lake Beauclair is 7,056 pounds/year of TP, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is an 85% reduction in current TP loading; and

(b) The LA for nonpoint sources is 7,056 pounds TP per year.

(5) Lake Dora and Dora Canal. The TMDL for TP for Lake Dora and Dora Canal is 13,230 pounds/year of TP, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 67% reduction in current TP loading; and

(b) The LA for nonpoint sources is 13,230 pounds TP per year.

(6) Lake Eustis and Haines Creek. The TMDL for TP for Lake Eustis is 20,286 pounds/year of TP, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 43% reduction in current TP loading; and

(b) The LA for nonpoint sources is 20,286 pounds TP per year.

(7) Lake Griffin. The TMDL for TP for Lake Griffin is 26,901 pounds/year of TP, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 66% reduction in current TP loading; and

(b) The LA for nonpoint sources is 26,901 pounds TP per year.

(8) Lake Harris, Little Lake Harris, and Helena Run. The combined TMDL for TP for Lake Harris, Little Lake Harris, and Helena Run is 18,302 pounds/year of TP, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 32% reduction in current TP loading; and

(b) The LA for nonpoint sources is 18,302 pounds TP per year.

(9) Lake Wauberg. The TMDL for Lake Wauberg is 2,062 lbs/yr of TN and 374 lbs/yr of TP and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable because there are no permitted point sources authorized to discharge wastewater to Lake Wauberg; and

(b) The LA for nonpoint sources is 2,062 lbs/yr of TN and 374 lbs/yr of TP.

(10) Lake Yale and Lake Yale Canal. The combined TMDL for TP for Lake Yale and Lake Yale Canal is 2,844 pounds/year of TP, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 10% reduction in current TP loading; and

(b) The LA for nonpoint sources is 2,844 pounds TP per year.

(11) Newnans Lake. The TMDL for Newnans Lake is 85,470 lbs/yr of TN and 10,924 lbs/yr of TP, and is allocated as follows:

(a) The WLA for point sources authorized to discharge wastewater to Newnans Lake is 3,104 lbs/yr of TN and 386 lbs/yr of TP; and

(b) The LA for nonpoint sources is 82,366 lbs/yr of TN and 10,538 lbs/yr of TP.

(12) Orange Lake. The TMDL for Orange Lake is 15,262 lbs/yr of TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable; and

(b) The LA for nonpoint sources is 15,262 lbs/yr of TP.

(13) Palatlakaha River. The TMDLs for the Palatlakaha River are 43,042 pounds per year of BOD, 16,696 pounds per year of TN, and 2,207 pounds per year of TP, and are allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program are a 12.8% reduction in current BOD loading, a 5.2% reduction in current TN loading, and a 7.2% reduction in current TP loading; and

(b) The LA for nonpoint sources is 43,042 pounds per year of BOD, 16,696 pounds per year of TN, and 2,207 pounds per year of TP.

(14) Sweetwater Branch. The bacteriological TMDL for Sweetwater Branch is a 70% reduction in Fecal Coliform loading from nonpoint sources and is allocated as follows:

(a) The WLA for point sources discharging wastewater to Sweetwater Branch is for all permittees to meet the Class III criteria for Fecal Coliforms and for discharges subject to the Department’s NPDES MS4 Permitting Program is a 70% reduction in current loading; and

(b) The LA for nonpoint sources is a 70% reduction in current loading.

(15) Trout Lake. The TMDL for Trout Lake is 9,733 lbs/yr of TN and 521 lbs/yr of TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 60% reduction of current TP loading and 80% reduction of current TN loading; and

(c) The LA for nonpoint sources is 9,733 lbs/yr of TN and 521 lbs/yr of TP.

(16) Tumblin Creek. The bacteriological TMDL for Tumblin Creek is a 74% reduction in Fecal Coliform loading from nonpoint sources and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 74% reduction in current loading; and

(b) The Load Allocation for nonpoint sources is a 74% reduction in current loading.

(17) Lake Carlton. The TMDL for TP for Lake Carlton is 195 pounds/year of TP, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 59% reduction in current TP loading; and

(b) The LA for nonpoint sources is 195 pounds TP per year.

(18) Alachua Sink. The TMDL for TN for Alachua Sink is a long-term annual average of 256,322 pounds/year, and is allocated as follows:

(a) The WLA for wastewater point source discharges subject to the Department’s NPDES Permitting Program is 41,003 pounds/year;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 45% reduction of current TN; and

(c) The LA for nonpoint sources is a 45% reduction of current TN loading.

(19) Silver Springs, Silver Springs Group and Upper Silver River. The nitrate-nitrite TMDL is an in-stream monthly arithmetic mean concentration of 0.35 mg/L and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for surface water discharges subject to the Department’s NPDES MS4 Permitting Program are to address anthropogenic sources in the basin such that in-stream nitrate-nitrite concentrations meet the TMDL target, which, based on the mean concentrations from the 2000-2011 period, will require a 79% reduction of nitrate-nitrite; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream nitrate-nitrite concentrations meet the TMDL target, which, based on the mean concentrations from the 2000-2011 period, will require a 79% reduction of nitrate-nitrite.

(20) Lake Denham. The nutrient TMDL for Lake Denham is a seven-year average of annual loads of 16,468 kilograms per year (kg/year) TN and 593 kg/year TP, which are intended to achieve an AGM chlorophyll a concentration of 26.8 µg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 61% reduction of TN and a 61% reduction of TP based on average concentrations from the 2000-2012 period; and

(c) The LA for nonpoint sources is a 61% reduction of TN and a 61% reduction of TP based on average loads from the 2000-2012 period.

(21) Lake Weir. The nutrient TMDL for Lake Weir is a seven-year average of annual loads of 27,432 kg/year TN and 1,667 kg/year TP, which are intended to achieve the applicable AGM chlorophyll a criterion for low color and low alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 19% reduction of TN and a 39% reduction of TP based on average concentrations from the 2000-2012 period; and

(c) The LA for nonpoint sources is a 19% reduction of TN and a 39% reduction of TP based on average loads from the 2000-2012 period.

(22) Marshall Lake. The nutrient TMDL for Marshall Lake is a seven-year average of annual loads of 2,046 kg/year TN and 97 kg/year TP, which are intended to achieve the applicable AGM chlorophyll a criterion for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 35% reduction of TN and a 69% reduction of TP based on average concentrations from the 2000-2012 period; and

(c) The LA for nonpoint sources is a 35% reduction of TN and a 69% reduction of TP based on average loads from the 2000-2012 period.

(23) Lochloosa Lake. The nutrient TMDL for Lochloosa Lake is a seven-year average of annual loads of 78,163 kg/year TN and 4,505 kg/year TP, which are intended to achieve a seven-year average of AGM chlorophyll a concentration of 38 µg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is a 59% reduction of TN and a 41% reduction of TP based on average loads from the 2004-2010 period.

(24) Cross Creek. The nutrient TMDL for Cross Creek is a seven-year average of annual loads of 32,514 kg/year TN and 1,601 kg/year TP, which are intended to achieve a seven-year average, AGM chlorophyll a concentration of 38 µg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is a 43% reduction of TN and a 31% reduction of TP based on average loads from the 2004-2010 period.

(25) Lake Roberts. The nutrient TMDL for Lake Roberts is a seven-year average of annual loads of 1,655 kg/year TN and 100 kg/year TP, which are intended to achieve the applicable AGM chlorophyll a criterion for high color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 16% reduction of TN and a 28% reduction of TP based on average concentrations from the 2000-2012 period; and

(c) The LA for nonpoint sources is a 16% reduction of TN and a 28% reduction of TP based on average loads from the 2000-2012 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 8-14-03, Amended 12-3-03, 5-25-04, 6-12-06, 2-5-13, 3-13-17, 5-30-17, 5-9-21.

Fla. Admin. Code R. 62-304.505 Middle St. Johns River Basin TMDLs

(1) Lake Jesup. The TMDL for Lake Jesup is 247.3 tons/year of TN and 19.0 tons/year of TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 50% reduction of current TN loading and a 34% reduction of TP loading; and

(c) The LA for nonpoint sources is 247.3 tons/year of TN and 19.0 tons/year of TP.

(2) Crane Strand Drain. The DO TMDL for Crane Strand Drain is 13.5 tons/year of TN and 31.3 tons/year of BOD, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 29% reduction of current TN loading and a 57% reduction of current BOD loading; and

(c) The Load Allocation for nonpoint sources is 13.5 tons/year of TN and 31.3 tons/year of BOD.

(3) Crane Strand and Crane Strand Drain. The bacteriological TMDL for Crane Strand and Crain Strand Drain is are an annual median of 2.06 x 1011 colonies/day for fecal coliform and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin to result in a 49% reduction of in-stream fecal coliform loadings; and

(c) The LA for nonpoint sources is a 49% reduction of in-stream fecal coliform loadings.

(4) Long Branch. The bacteriological TMDL is an annual median of 4.64 x 1010 colonies/day for fecal coliform, and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin to result in a 32% reduction of in-stream fecal coliform loadings; and

(c) The LA for nonpoint sources is a 32% reduction of in-stream fecal coliform concentrations.

(5) Long Branch. The DO TMDL for Long Branch is 14.96 tons per year for BOD, 0.74 tons per year TP, and 5.20 tons per year TN, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 10% reduction of current BOD loading in the tributaries to Long Branch, a 30% reduction of current TP loading in the tributaries to Long Branch, and a 17% reduction of current TN loading in the main channel of Long Branch; and

(c) The LA for nonpoint sources is a 10% reduction of current BOD loading in the tributaries to Long Branch, a 30% reduction of current TP loading in the tributaries to Long Branch, and a 17% reduction of current TN loading in the main channel of Long Branch.

(6) Gee Creek. The bacteriological TMDL for Gee Creek is 5.63 x 1010 counts/day for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 79% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 79% reduction of sources contributing to exceedances of the criteria.

(7) Lake Harney. The DO and nutrient TMDLs for Lake Harney are 1,522 tons/year of TN and 109 tons/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, will require a 39% reduction of TN and 33% reduction of TP at sources contributing to exceedances of the criteria; and

(c) The LAs for nonpoint sources to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, will require a 39% reduction of TN and 33% reduction of TP at sources contributing to exceedances of the criteria.

(8) Little Econlockhatchee River. The bacteriological TMDL for the Little Econlockhatchee River is 6.26 x 1011 counts/day for fecal coliform, and is allocated as follows:

(a) The WLA for the Iron Bridge Regional Water Reclamation Facility (FL0037966) is that it must meet its NPDES permit limits;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 57% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 57% reduction of sources contributing to exceedances of the criteria.

(9) Smith Canal. The bacteriological TMDL for Smith Canal is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 67% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 67% reduction of sources contributing to exceedances of the criteria.

(10) Smith Canal. The DO TMDL for Smith Canal is 1.95 tons/year of TP, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria, based on the measured concentrations from the 1996 to 2003 period, will require a 26% reduction of TP at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria, based on the measured concentrations from the 1996 to 2003 period, will require a 26% reduction of TP at sources contributing to exceedances of the criteria.

(11) Soldier Creek. The bacteriological TMDL for Soldier Creek is 2.87 x 1010 counts/day for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria, based on the measured concentrations from the 2001 to 2008 period, will require a 37% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 37% reduction of sources contributing to exceedances of the criteria.

(12) St. Johns River above Lake Monroe. The DO and nutrient TMDLs for the St. Johns River above Lake Monroe are 1,892 tons/year of TN and 143 tons/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, are a 38% reduction of TN and 31% reduction of TP at sources contributing to exceedances of the criteria; and

(c) The LAs for nonpoint sources to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, are a 38% reduction of TN and 31% reduction of TP at sources contributing to exceedances of the criteria.

(13) St. Johns River above Wekiva River. The DO and nutrient TMDLs for the St. Johns River above Wekiva River are 1,906 tons/year of TN and 144 tons/year of TP, and are allocated as follows:

(a) The WLAs for the Sanford/North Wastewater Treatment Facility (FL0020141) are 9 tons/year of TN and 1 ton/year of TP;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, will require a 37% reduction of TN and 31% reduction of TP at sources contributing to exceedances of the criteria; and

(c) The LAs for nonpoint sources to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, will require a 37% reduction of TN and 31% reduction of TP at sources contributing to exceedances of the criteria.

(14) St. Johns River Downstream of Lake Harney and St. Johns River above Lake Jesup. The DO and nutrient TMDLs for the St. Johns River Downstream of Lake Harney and the St. Johns River above Lake Jesup are 1,697 tons/year of TN and 125 tons/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, will require a 37% reduction of TN and 32% reduction of TP at sources contributing to exceedances of the criteria; and

(c) The LAs for nonpoint sources to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, will require a 37% reduction of TN and 32% reduction of TP at sources contributing to exceedances of the criteria.

(15) Volusia Blue Spring and Volusia Blue Spring Run. The nutrient TMDL is a monthly arithmetic mean nitrate-nitrite concentration of 0.35 mg/L at the spring vent of Volusia Blue Spring and in-stream for Volusia Blue Spring Run, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 permitting program is to address anthropogenic sources in the basin such that in-stream nitrate-nitrite concentrations meet the TMDL target, which will require a 45% reduction of nitrate-nitrite based on the mean concentrations from the 2001-2013 period; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream nitrate concentrations meet the TMDL target, which will require a 45% reduction of nitrate-nitrite based on the mean concentrations from the 2001-2013 period.

(16) DeLeon Spring. The nutrient TMDL for the DeLeon Spring is an annual arithmetic mean of 0.35 mg/L nitrate-nitrite at the spring vent, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 56% reduction of nitrate-nitrite based on average concentrations from the 2009-2016 period; and

(c) The LA for nonpoint sources is a 56% reduction of nitrate-nitrite based on average loads from the 2009-2016 period.

(17) Gemini Springs. The nutrient TMDL for Gemini Springs is an annual arithmetic mean of 0.35 mg/L nitrate-nitrite at the spring vent, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 74% reduction of nitrate-nitrite based on average concentrations from the 2009-2016 period; and

(c) The LA for nonpoint sources is a 74% reduction of nitrate-nitrite based on average loads from the 2009-2016 period.

(18) Lake George. The nutrient TMDL for Lake George is a seven-year average of annual loads of 4,132,773 kilograms per year (kg/year) TN and 219,324 kg/year TP, which are intended to achieve an AGM chlorophyll a concentration of 23 µg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 7% reduction of TN and a 29% reduction of TP from the 2003-2013 period; and

(c) The LA for nonpoint sources is a 7% reduction of TN and a 29% reduction of TP based on average loads from the 2003-2013 period.

(19) St. Johns River above Ocklawaha River. The nutrient TMDL for the St. Johns River above the Ocklawaha River is a seven-year average of annual loads of 4,132,773 kg/year TN and 219,324 kg/year TP, which are intended to achieve an AGM chlorophyll a concentration of 22 µg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 7% reduction of TN and a 29% reduction of TP from the 2003-2013 period; and

(c) The LA for nonpoint sources is a 7% reduction of TN and a 29% reduction of TP based on average loads from the 2003-2013 period.

(20) St. Johns River below Lake George. The nutrient TMDL for the St. Johns River below Lake George is a seven-year average of annual loads of 4,132,773 kg/year TN and 219,324 kg/year TP, which are intended to achieve an AGM chlorophyll a concentration of 23 µg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 7% reduction of TN and a 29% reduction of TP from the 2003-2013 period; and

(c) The LA for nonpoint sources is a 7% reduction of TN and a 29% reduction of TP based on average loads from the 2003-2013 period.

(21) Lake Adair. The nutrient TMDL for Lake Adair is a seven-year average of annual loads of 1,201 pounds per year (lbs/year) TN and 72 lbs/year TP, which are intended to achieve the applicable AGM chlorophyll a criterion for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 45% reduction of TN and a 54% reduction of TP from the 2003-2013 period; and

(c) The LA for nonpoint sources is a 45% reduction of TN and a 54% reduction of TP based on average loads from the 2003-2013 period.

(22) Lake Alma. The nutrient TMDL for Lake Alma is a seven-year average of annual loads of 1,036 lbs/year TN and 91 lbs/year TP, which are intended to achieve an AGM chlorophyll a concentration of 30 µg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 43% reduction of TN and a 17% reduction of TP from the 2003-2014 period; and

(c) The LA for nonpoint sources is a 43% reduction of TN and a 17% reduction of TP based on average loads from the 2003-2014 period.

(23) Lake Searcy. The nutrient TMDL for Lake Searcy is a seven-year average of annual loads of 845 lbs/year TN and 96 lbs/year TP, which are intended to achieve the applicable AGM chlorophyll a criterion for high color lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 65% reduction of TN and a 38% reduction of TP from the 2003-2014 period; and

(c) The LA for nonpoint sources is a 65% reduction of TN and a 38% reduction of TP based on average loads from the 2003-2014 period.

(24) Bear Gully Lake. The nutrient TMDL for Bear Gully Lake is a seven-year average of annual loads of 23,166 lbs/year TN and 1,387 lbs/year TP, which are intended to achieve the applicable AGM chlorophyll a criterion for high color lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 20% reduction of TN and a 18% reduction of TP from the 2003-2014 period; and

(c) The LA for nonpoint sources is a 20% reduction of TN and a 18% reduction of TP based on average loads from the 2003-2014 period.

(25) Bethel Lake. The nutrient TMDL for Bethel Lake is a seven-year average of annual loads of 4,234 lbs/year TN and 234 lbs/year TP, which are intended to achieve the applicable chlorophyll a criterion for high color lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 45% reduction of TN (calculated from 7,762 lbs/year) and a 67 % reduction of TP (calculated from 715 lbs/year) from the 2002-2013 period; and

(c) The LA for nonpoint sources is a 45 % reduction of TN (calculated from 7,762 lbs/year) and a 67% reduction of TP (calculated from 715 lbs/year) based on average loads from the 2002-2013 period.

(26) Lake Gem. The nutrient TMDL for Lake Gem is a three-year average of annual loads of 1,130 lbs/year TN and 68 lbs/year TP, which are intended to achieve the applicable chlorophyll a criterion for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 0% reduction of TN (calculated from 1,130 lbs/year) and a 62% reduction of TP (calculated from 176 lbs/year) from the 2007-2013 period; and

(c) The LA for nonpoint sources is a 0% reduction of TN (calculated from 1,130 lbs/year) and a 62% reduction of TP (calculated from 176 lbs/year) based on average loads from the 2007-2013 period.

(27) Louise Lake (Lower Segment). The nutrient TMDLs for Louise Lake (Lower Segment) are seven-year averages of annual loads of 6,034 lbs/year TN and 347 lbs/year TP, which are intended to achieve the applicable chlorophyll a criterion for low color low alkalinity lakes, and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 38% reduction of TN (calculated from 9,732 lbs/year) and a 37% reduction of TP (calculated from 552 lbs/year), based on the highest seven-year average of annual loads from the 2010 – 2019 period; and,

(c) The LA for nonpoint sources is a 38% reduction of TN (calculated from 9,732 lbs/year) and a 37% reduction of TP (calculated from 552 lbs/year), based on the highest seven-year average of annual loads from the 2010 – 2019 period.

(28) Lake Giles. The nutrient TMDLs for Lake Giles are seven-year averages of annual loads of 813 kg/yr of TN and 53 kg/yr of TP, which are intended to achieve the applicable AGM chlorophyll a criterion for low-color, low-alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 33% reduction of TN (calculated from 813 kg/yr) and a 74% reduction of TP (calculated from 53 kg/yr), based on the highest seven-year average load from the 2013 – 2022 period; and

(c) The LA for nonpoint sources is a 33% reduction of TN (calculated from 813 kg/yr) and a 74% reduction of TP (calculated from 53 kg/yr), based on the highest seven-year average load from the 2013 – 2022 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 8-3-06, Amended 10-15-09, 7-17-14, 10-18-17, 3-26-18, 1-30-20, 5-9-21, 11-9-21, 10-16-25.

Fla. Admin. Code R. 62-304.506 Wekiva Springs Study Area TMDLs

(1) Wekiwa Spring. The TMDL for Wekiwa Spring is to achieve 0.286 mg/L nitrate-nitrite and 0.065 mg/L TP for the discharge from Wekiwa Spring, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 79% reduction of nitrate-nitrite and a 64% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources is a 79% reduction of nitrate-nitrite and a 64% reduction of TP based on data in the period from 1996 through 2006.

(2) Wekiva River Upstream Segment. The TMDL for the Wekiva River Upstream Segment is to achieve 0.286 mg/L nitrate-nitrite and 0.065 mg/L TP in the stream segment, and is allocated as follows:

(a) The WLA for wastewater sources is 2,805 lbs/month of nitrate-nitrite and 40 lbs/month of TP. The WLA granted to the Wekiva Hunt Club Wastewater Treatment Facility;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 68% reduction of nitrate-nitrite and a 61% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources is a 68% reduction of nitrate-nitrite and a 61% reduction of TP based on data in the period from 1996 through 2006.

(3) Wekiva River Downstream Segment. The TMDL for the Wekiva River Downstream Segment are to achieve 0.286 mg/L nitrate-nitrite and 0.065 mg/L TP in the stream segment, and is allocated as follows:

(a) The WLA for wastewater sources are 572 lbs/month of TN and 191 lbs/month of TP granted to the SCES/Yankee Lake Wastewater Reclamation Facility, and 91 lbs/month of nitrate-nitrite and 26 lbs/month of TP granted to the Altamonte Springs Regional Wastewater Reclamation Facility;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program are a 47% reduction of nitrate-nitrite and a 57% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources are a 47% reduction of nitrate-nitrite and a 57% reduction of TP based on data in the period from 1996 through 2006.

(4) Rock Springs. The TMDL for Rock Springs is to achieve 0.286 mg/L nitrate-nitrite and 0.065 mg/L TP for the discharge from Rock Springs, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 81% reduction of nitrate-nitrite and a 23% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources is a 81% reduction of nitrate-nitrite and a 23% reduction of TP based on data in the period from 1996 through 2006.

(5) Rock Springs Run. The TMDL for Rock Springs Run is to achieve 0.286 mg/L nitrate-nitrite and 0.065 mg/L TP in the stream segment, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program are a 63% reduction of nitrate-nitrite and a 58% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources is a 63% reduction of nitrate-nitrite and a 58% reduction of TP based on data in the period from 1996 through 2006.

(6) Little Wekiva Canal. The DO TMDL for the Little Wekiva Canal is 76,554 lbs/year of BOD and 42,624 lbs/year TN, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 11% reduction of BOD and a 45% reduction of TN based on data in the period from 1997 through 2005; and

(c) The LA for nonpoint sources is 76,554 lbs/year of BOD and 42,624 lbs/year TN based on data in the period from 1997 through 2005.

(7) Little Wekiva Canal and Little Wekiva River: The bacteriological TMDL for the Little Wekiva Canal and the Little Wekiva River is an annual median of 2.06 x 1011 colonies/day for fecal coliform, and is allocated as follows:

(a) The WLA for the City of Altamonte Springs Regional Wastewater Reclamation Facility is 1.19 x 108 colonies/day for fecal coliform;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 through 2003 period, will require a 43% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1996 through 2003 period, will require a 43% reduction of sources contributing to exceedances of the criteria.

(8) Spring Lake. The TMDL for Spring Lake is 8,551 lbs/year of TN and 641 lbs/year of TP, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program are a 30% reduction of TN and a 65% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources are 8,551 lbs/year of TN and 641 lbs/year of TP based on data in the period from 1996 through 2006.

(9) Lake Florida. The TMDL for Lake Florida is 8,377 lbs/year of TN and 571 lbs/year of TP, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 34% reduction of TN and a 69% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources is 8,377 lbs/year of TN and 571 lbs/year of TP based on data in the period from 1996 through 2006.

(10) Lake Orienta. The TMDL for Lake Orienta is 6,092 lbs/year of TN and 451 lbs/year of TP, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program are a 42% reduction of TN and a 74% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources is 6,092 lbs/year of TN and 451 lbs/year of TP based on data in the period from 1996 through 2006.

(11) Lake Adelaide. The TMDL for Lake Adelaide is 3,003 lbs/year of TN and 228 lbs/year of TP, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 40% reduction of TN and a 72% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources are 3,003 lbs/year of TN and 228 lbs/year of TP based on data in the period from 1996 through 2006.

(12) Lake Lawne. The TMDL for Lake Lawne is 21,692 lbs/year of TN and 2,005 lbs/year of TP, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 26% reduction of TN and a 49% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources is 21,692 lbs/year of TN and 2,005 lbs/year of TP based on data in the period from 1996 through 2006.

(13) Silver Lake. The TMDL for Silver Lake is 6,241 lbs/year of TN and 370 lbs/year of TP, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 24% reduction of TN and a 70% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources is 6,241 lbs/year of TN and 370 lbs/year of TP based on data in the period from 1996 through 2006.

(14) Bay Lake. The TMDL for Bay Lake is 1,428 lbs/year of TN and 109 lbs/year of TP, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program are a 39% reduction of TN and a 66% reduction of TP based on data in the period from 1996 through 2006; and

(c) The LA for nonpoint sources is 1,428 lbs/year of TN and 109 lbs/year of TP based on data in the period from 1996 through 2006.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-8-08, Amended 5-9-21.

Fla. Admin. Code R. 62-304.510 Upper St. Johns River TMDLs

(1) St. Johns River Above Lake Poinsett. The TMDL for TP is 89 tons per year, and is allocated as follows:

(a) The WLA for wastewater point sources is 0.023 tons per year of TP;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 37% reduction of current TP loading; and

(c) The LA for nonpoint sources is a 37% reduction of current TP loading.

(2) St. Johns River Above Lake Pinsett. The TMDL for BOD is 1,970 tons per year, and is allocated as follows:

(a) The WLA for wastewater point sources is 1.0 tons per year of BOD;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 34% reduction of current BOD loading; and

(c) The LA for nonpoint sources is a 34% reduction of current BOD loading.

(3) Lake Hell n’ Blazes. The TMDL for TP is 44 tons per year, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 52% reduction of current TP loading; and

(c) The LA for nonpoint sources is a 52% reduction of current TP loading.

(4) St. Johns River above Sawgrass Lake. The TMDL for TP is 57 tons per year, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 32% reduction of current TP loading; and

(c) The LA for nonpoint sources is a 32% reduction of current TP loading.

(5) St. Johns River Above Sawgrass Lake. The TMDL for BOD is 1,264 tons per year, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 37% reduction of current BOD loading; and

(c) The LA for nonpoint sources is a 37% reduction of current BOD loading.

(d) Unless specifically stated, “current TP loading” and “current BOD loading” shall be the average loading for the year the Secretary adopted the verified list that first listed waterbody as impaired for the parameter of concern.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 8-3-06, Amended 5-9-21.

Fla. Admin. Code R. 62-304.515 Kissimmee River Basin TMDLs

(1) Lake Holden. The nutrient TMDL for Lake Holden is 148 lb/year of TP and 10,526 lb/year of TN, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 74.0% reduction of TP based on the year 2000 landuse and a modeling period from 1996 through 2000; and

(c) The LA for nonpoint sources is a 74.0% reduction of TP based on the year 2000 landuse and a modeling period from 1996 through 2000.

(2) Lake Cypress. The nutrient TMDL for Lake Cypress is 1,374,801 lb/year of TN and 51,175 lb/year of TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 5.0% reduction of TN and 35.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006; and

(c) The LA for nonpoint sources is a 5.0% reduction of TN and 35.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006.

(3) Lake Marian. The nutrient TMDL for Lake Marian is 88,122 lb/year of TN and 6,013 lb/year of TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 55.0% reduction of TN and 53.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006; and

(c) The LA for nonpoint sources is a 55.0% reduction of TN and 53.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006.

(4) Lake Jackson. The nutrient and DO TMDL for Lake Jackson is 118,662 lb/year of TN and 5,553 lb/year of TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is 20.0% reduction of TN and 25.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006; and

(c) The LA for nonpoint sources is 20.0% reduction of TN and 25.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006.

(5) Lake Kissimmee. The nutrient TMDL for Lake Kissimmee is 2,795,484 lb/year of TN and 126,517 lb/year of TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 15.0% reduction of TN and 17% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006; and

(c) The LAs for nonpoint sources are 15% reduction of TN and 17% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006.

(6) Lake Persimmon. The nutrient TMDL for Lake Persimmon is a seven-year average of annual loads of 1,247 pounds per year (lb/year) TN and 58 lb/year TP, which is intended to achieve the applicable AGM chlorophyll a criterion for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 42% reduction of TN (calculated from 2,153 lb/year) and a 51% reduction of TP (calculated from 119 lb/year), which are based on the highest seven-year average of annual loads from the 2005-2016 period; and

(c) The LA for nonpoint sources is a 42% reduction of TN (calculated from 2,153 lb/year) and a 51% reduction of TP (calculated from 119 lb/year), which are based on the highest seven-year average of annual loads from the 2005-2016 period.

(7) Reedy Lake. The nutrient TMDL for Reedy Lake is an AGM concentration of 0.95 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable chlorophyll a criterion for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 54% reduction of TN (calculated from 2.05 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the 2000 – 2016 period; and

(c) The LA for nonpoint sources is 54% reduction of TN (calculated from 2.05 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2000 ‒ 2016 period.

(8) Lake Ida. The nutrient TMDL for Lake Ida is an AGM concentration of 0.95 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable chlorophyll a criterion for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 87% reduction of TN (calculated from 7.16 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the 2000 – 2016 period; and

(c) The LA for nonpoint sources is 87% reduction of TN (calculated from 7.16 mg/L) and 0% reduction of TP, which is based on the highest AGM concentration from the 2000 ‒ 2016 period.

(9) Hickory Lake. The nutrient TMDL for Hickory Lake is an AGM concentration of 0.95 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable chlorophyll a criterion for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 69% reduction of TN (calculated from 3.07 mg/L) and 0% reduction of TP, which is based on the highest AGM concentrations from the 2000 – 2016 period; and

(c) The LA for nonpoint sources is 69% reduction of TN (calculated from 3.07 mg/L) and 0% reduction of TP, which is based on the highest AGM concentration from the 2000 ‒ 2016 period.

(10) Lake Clinch. The nutrient TMDL for Lake Clinch is an AGM concentration of 0.62 mg/L TN and 0.01 mg/L TP, which are intended to achieve the applicable chlorophyll a criterion for low color and low alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 18% reduction of TN (calculated from 0.76 mg/L) and 50% reduction of TP (calculated from 0.02 mg/L), which is based on the highest AGM concentrations from the 2000 – 2016 period; and

(c) The LA for nonpoint sources is 18% reduction of TN (calculated from 0.76 mg/L) and 50% reduction of TP (calculated from 0.02 mg/L), which is based on the highest AGM concentration from the 2000 ‒ 2016 period.

(11) Lake Adelaide. The nutrient TMDL for Lake Adelaide is an AGM concentration of 0.62 mg/L TN and 0.01 mg/L TP, which are intended to achieve the applicable chlorophyll a criterion for low color and low alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 6% reduction of TN (calculated from 0.66 mg/L) and 50% reduction of TP (calculated from 0.02 mg/L), which is based on the highest AGM concentrations from the 2000 – 2016 period; and

(c) The LA for nonpoint sources is 6% reduction of TN (calculated from 0.66 mg/L) and 50% reduction of TP (calculated from 0.02 mg/L), which is based on the highest AGM concentration from the 2000 - 2016 period.

(12) Lake Wales. The nutrient TMDLs for Lake Wales are an AGM concentration of 0.98 mg/L of TN and a concentration of 0.03 mg/L of TP, which are intended to achieve the applicable chlorophyll a criterion for low color and high alkalinity lakes, and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 40 % reduction in TN (calculated from 1.64 mg/L) and a 0 % reduction in TP (calculated from 0.03 mg/L), based on the highest AGM concentrations from the 2005 – 2016 period; and

(c) The LA for nonpoint sources is a 40% reduction in TN (calculated from 1.64 mg/L) and a 0% reduction in TP (calculated from 0.03 mg/L), based on the highest AGM concentrations from the 2005 – 2016 period.

(13) Lake Pierce. The nutrient TMDLs for Lake Pierce are seven-year averages of annual loads of 35,840 kg/year of TN and 1,398 kg/year of TP, which are intended to achieve an AGM chlorophyll a concentration of 20 µg/L, and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 88% reduction of TN (calculated from 300,627 kg/year) and a 76% reduction of TP (calculated from 35,840 kg/year), based on the highest seven-year average of annual loads from the 2007 – 2016 period; and

(c) The LA for nonpoint sources is an 88% reduction of TN (calculated from 300,627 kg/year) and a 76% reduction of TP (calculated from 35,840 kg per year), based on the highest seven-year average of annual loads from the 2007 – 2016 period.

(14) Lake Marion. The nutrient TMDLs for Lake Marion are seven-year averages of annual loads of 34,031 kg/year of TN and 1,252 kg/year of TP, which are intended to achieve the applicable chlorophyll a criterion for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 84% reduction of TN (calculated from 207,949 kg/year) and a 74% reduction of TP (calculated from 4,766 kg/year), based on the highest seven-year average of annual loads from the 2007 – 2016 period; and

(c) The LA for nonpoint sources is a 84% reduction of TN (calculated from 207,949 kg/year) and a 74% reduction of TP (calculated from 4,766 kg/year), based on the highest seven-year average of annual loads from the 2007 – 2016 period.

(15) Lake Condel. The nutrient TMDL for Lake Condel is an AGM concentration of 1.05 mg/L TN and 0.03 mg/L TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 59% reduction of TN (calculated from 2.55 mg/L) and 86% reduction of TP (calculated from 0.21 mg/L), which are based on the highest AGM concentrations from the 2000 – 2015 period; and

(c) The LA for nonpoint sources is 59% reduction of TN (calculated from 2.55 mg/L) and 86% reduction of TP (calculated from 0.21 mg/L), which are based on the highest AGM concentration from the 2000 – 2015 period.

(16) Lake Anderson. The nutrient TMDL for Lake Anderson is an AGM concentration of 1.05 mg/L TN and 0.03 mg/L TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 22% reduction of TN (calculated from 1.34 mg/L) and 52% reduction of TP (calculated from 0.06 mg/L), which are based on the highest AGM concentrations from the 2000 – 2015 period; and

(c) The LA for nonpoint sources is 22% reduction of TN (calculated from 1.34 mg/L) and 52% reduction of TP (calculated from 0.06 mg/L), which are based on the highest AGM concentration from the 2000 – 2015 period.

(17) Lake Istokpoga. The nutrient TMDL for Lake Istokpoga is a 7-year average load of 1,345,998 lbs/yr of TN, and 54,073 lbs/yr of TP, which are intended to achieve the applicable AGM chlorophyll a criterion for high color lakes, and is allocated as follows:

(a) The WLA for the Avon Park Correctional Institute WWTF (Permit Number FL0040029) is 4,569 lbs/yr of TN and 1,523 lbs/yr of TP;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 23% reduction of TN (calculated from 1,740,817 lbs/yr) and a 56% reduction of TP (calculated from 123,127 lbs/yr), based on the highest 7-year average load from the 2006 – 2017 period; and

(c) The LA for nonpoint sources is a 23% reduction of TN (calculated from 1,740,817 lbs/yr) and a 56% reduction of TP (calculated from 123,127 lbs/yr), based on the highest 7-year average load from the 2006 – 2017 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-17-13, Amended 11-15-18, 1-30-20, 5-9-21, 11-9-21, 2-8-22, 7-7-22.

Fla. Admin. Code R. 62-304.520 Indian River Lagoon TMDLs

(1) Crane Creek. The bacteriological TMDL is an annual median of 1.23 x 1011 colonies/day for fecal coliform, and is allocated as follows:

(a) The WLA for the Melbourne/Grant Street Wastewater Treatment Facility is 1.21 x 1010 colonies/day. The WLA is only allowed during the maximum five-day Mechanical Integrity Test period, as defined in the Department permit;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1999 through 2007 period, will require a 56% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1999 through 2007 period, will require a 56% reduction at sources contributing to exceedances of the criteria.

(2) Eau Gallie River. The bacteriological TMDL for Eau Gallie River is 400 counts/100 ml for fecal coliform, and is allocated as follows:

(a) A WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1999 through 2007 period, will require an 81% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1999 through 2007 period, will require an 81% reduction at sources contributing to exceedances of the criteria.

(3) Indian River above Max Brewer Causeway. The TMDLs for the Indian River above Max Brewer Causeway are 177,220 lb/year of TN and 9,320 lb/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 35% reduction of TN and a 47% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005); and

(c) The LAs for nonpoint sources are a 35% reduction of TN and a 47% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(4) Indian River above NASA Causeway. The TMDLs for the Indian River above NASA Causeway are 173,232 lb/year of TN and 14,793 lb/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 35% reduction of TN and a 47% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005); and

(c) The LAs for nonpoint sources are a 35% reduction of TN and a 47% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(5) Indian River above 520 Causeway. The TMDLs for the Indian River above 520 Causeway are 147,524 lb/year of TN and 11,845 lb/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources are 8,151 lb/year of TN and 1,589 lb/year of TP. The WLAs are granted to Cocoa Water Reclamation Facility (5,556 lb/year of TN and 1,423 lb/year of TP), FP & L Cape Canaveral Plant (2,555 lb/year of TN and 146 lb/year of TP), and Reliant Energy-Indian River Plant (40 lb/year TN and 20 lb/year of TP);

(b) WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 36% reduction of TN and a 53% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005); and

(c) The LAs for nonpoint sources are a 36% reduction of TN and a 53% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(6) Indian River above Melbourne Causeway. The TMDLs for the Indian River above Melbourne Causeway are 189,068 lb/year of TN and 20,592 lb/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources are 9,200 lb/year of TN and 225 lb/year of TP. The WLAs are granted to Rockledge Wastewater Treatment Facility (30 lb/year of TN and 30 lb/year of TP), and Melbourne Reverse Osmosis (9,170 lb/year of TN and 195 lb/year of TP).

(b) WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 36% reduction of TN and a 48% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005); and

(c) The LAs for nonpoint sources are a 36% reduction of TN and a 48% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(7) Indian River above Sebastian Inlet and the northern South Indian River. The TMDLs for the Indian River above Sebastian Inlet and the northern South Indian River are 684,715 lb/year of TN and 111,594 lb/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources are 831 lb/year of TN and 122 lb/year of TP. The WLAs are granted to BCUD/South Beaches Wastewater Treatment Facility (173 lb/year of TN and 36 lb/year of TP), Melbourne/Grant Street Wastewater Treatment Facility (182 lb/year of TN and 8 lb/year of TP), and Barefoot Bay Advanced Wastewater Treatment Facility (476 lb/year of TN and 78 lb/year of TP).

(b) WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 56% reduction of TN and a 48% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005); and

(c) The LAs for nonpoint sources are a 56% reduction of TN and a 48% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(8) Central and southern South Indian River. The TMDLs for the Central and southern South Indian River are 278,273 lb/year of TN and 53,599 lb/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources is 25,391 lb/year of TN and 1,949 lb/year of TP. The WLAs are granted to Vero Beach Wastewater Treatment Facility (12,173 lb/year of TN and 916 lb/year of TP), Vero Beach Demineralization Concentrate (2,985 lb/year of TN and 487 lb/year of TP), IRCUD/Hobart Park Demineralization Concentrate (2,759 lb/year of TN and 96 lb/year of TP), IRCUD/West Regional Wastewater Treatment Facility (2,838 lb/year of TN and 159 lb/year of TP), and IRCUD/South County Reverse Osmosis, Potable Water Treatment Plant (4,636 lb/year of TN and 291 lb/year of TP).

(b) WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 56% reduction of TN and a 48% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005); and

(c) The LAs for nonpoint sources are a 56% reduction of TN and a 48% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(9) Banana River above Barge Canal. The TMDLs for the Banana River above Barge Canal are 116,314 lb/year of TN and 7,825 lb/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources is 1,214 lb/year of TN and 302 lb/year of TP. The WLA is granted to Morton Salt Industrial Wastewater Treatment and Disposal System (1,214 lb/year of TN and 302 lb/year of TP);

(b) WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 67% reduction of TN and a 72% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005); and

(c) The LAs for nonpoint sources are a 67% reduction of TN and a 72% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(10) Banana River below 520 Causeway and Banana River above 520 Causeway. The TMDLs for the Banana River below 520 Causeway and Banana River above 520 Causeway are 144,780 lb/year of TN and 12,181 lb/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources is 6,173 lb/year of TN and 1,221 lb/year of TP. The WLAs are granted to Cape Canaveral Water Reclamation Facility (2,151 lb/year of TN and 158 lb/year of TP), and Cocoa Beach Water Reclamation Facility (4,022 lb/year of TN and 1,063 lb/year of TP).

(b) WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 59% reduction of TN and a 64% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005); and

(c) The LAs for nonpoint sources are a 59% reduction of TN and a 64% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(11) Newfound Harbor. The TMDLs for Newfound Harbor are 30,661 lb/year of TN and 3,247 lb/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 66% reduction of TN and a 70% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005);

(c) The LAs for nonpoint sources are a 66% reduction of TN and a 70% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(12) Goat Creek Marine Segment. The nutrient TMDL for the Goat Creek Marine Segment is 18,405 lb/year of TN and 3,376 lb/year of TP, and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(c) The LA for nonpoint sources is a 36% reduction of TN and no reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(13) Sykes Creek. The nutrient TMDL for Sykes Creek is 30,030 lb/year of TN and 3,174 lb/year of TP and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 66% reduction of TN and a 70% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005); and

(c) The LA for nonpoint sources are a 66% reduction of TN and a 70% reduction of TP based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(14) Addison Creek. The DO TMDL for Addison Creek is 35,605 lb/year of BOD and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 72.3% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005; and

(c) The LA for nonpoint sources is a 72.3% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005.

(15) Eau Gallie River. The DO and nutrient TMDLs for the Eau Gallie River are 28,842 lb/year of TN, 4,307 lb/year of TP, and 70,056 lb/year of BOD and are allocated as follows:

(a) The WLA of TN and TP for the Melbourne Reverse Osmosis is the TN and TP loading limits established in paragraph 62-304.520(6)(a), F.A.C. for the facility. The WLA of BOD is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 51.0% reduction of TN, 58.0% reduction of TP, and 86.3% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005; and

(c) The LA for nonpoint sources is a 51.0% reduction of TN, 58.0% reduction of TP, and 86.3% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005.

(16) Crane Creek. The DO and nutrient TMDLs for Crane Creek is 110,547 lb/year of BOD and the TN and TP percent reduction established in paragraphs 62-304.520(7)(b) and (c), F.A.C. These TMDLs are allocated as follows:

(a) The WLA of TN and TP for the Melbourne Grant Street Wastewater Treatment Facility is the TN and TP loading limits established in paragraph 62-304.520(7)(a), F.A.C. for the facility. The WLA of BOD granted to the facility is 139 lb/year;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 80.1% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005, and the TN and TP reductions established in paragraph 62-304.520(7)(b), F.A.C.; and

(c) The LA for nonpoint sources is a 80.1% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005, and the TN and TP reductions established in paragraph 62-304.520(7)(c), F.A.C.

(17) North Prong Sebastian River. The DO TMDL for the North Prong Sebastian River is 282,346 lb/year of BOD, and is allocated as follows:

(a) The WLA to the Barefoot Bay Advanced Wastewater Treatment Facility is 2,707 lb/year of BOD;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is 69.7% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005; and

(c) The LA for nonpoint sources is 69.7% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005.

(18) C-54 Canal at Confluence with the Sebastian River. The DO and nutrient TMDLs for C-54 Canal at Confluence with the Sebastian River is 834,397 lb/year of BOD and the TN and TP percent reduction established in paragraphs 62-304.520(7)(b) and (c), F.A.C. These TMDLs are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 72.3% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005, and the TN and TP reductions established in paragraph 62-304.520(7)(b), F.A.C.; and

(c) The LAs for nonpoint sources are 72.3% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005, and the TN and TP reductions established in paragraph 62-304.520(7)(c), F.A.C.

(19) South Prong Sebastian River Freshwater Segment and South Prong Sebastian River Estuary Segment. The DO and nutrient TMDLs for the South Prong Sebastian River Freshwater Segment and the South Prong Sebastian River Estuary Segment is 515,178 lb/year BOD and the TN and TP percent reduction established in paragraphs 62-304.520(7)(b) and (c), F.A.C. These TMDLs are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 78.2% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005, and the TN and TP loads reductions established in paragraph 62-304.520(7)(b), F.A.C.; and

(c) The LA for nonpoint sources is a 78.2% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005, and the TN and TP reductions established in paragraph 62-304.520(7)(c), F.A.C.

(20) Sebastian River above the Indian River. The DO and nutrient TMDLs for the Sebastian River above the Indian River is 1,722,130 lb/year of BOD and the TN and TP percent reduction established in paragraphs 62-304.520(7)(b) and (c), F.A.C. These TMDLs are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 74.2% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005, and the TN and TP reductions established in paragraph 62-304.520(7)(b), F.A.C.; and

(c) The LA for nonpoint sources is a 74.2% reduction of BOD based on the year 2000 landuse and a modeling period from 1996 through 2005, and the TN and TP reductions established in paragraph 62-304.520(7)(b), F.A.C.

SOUTHWEST FLORIDA TMDLs

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-3-08, Amended 3-26-09, 4-9-13, 6-7-13, 5-9-21.

Fla. Admin. Code R. 62-304.600 Tampa Bay Basin TMDLs

(1) Allen Creek (tidal). The bacteriological TMDL for Allen Creek (tidal) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2000 to 2007, will require a 67% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2000 to 2007, will require a 67% reduction of sources contributing to exceedances of the criteria.

(2) Alligator Creek. The bacteriological TMDL for Alligator Creek is 4.4 x 1010 counts/day for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 51% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 51% reduction of sources contributing to exceedances of the criteria.

(3) Bellows Lake Outlet (also known as East Lake Outfall). The bacteriological TMDL for Bellows Lake Outlet is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations in 2008, will require a 80% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations in 2008, will require a 80% reduction of sources contributing to exceedances of the criteria.

(4) Bishop Creek (freshwater). The bacteriological TMDL for Bishop Creek (freshwater) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 64% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 64% reduction of sources contributing to exceedances of the criteria.

(5) Bishop Creek (tidal). The bacteriological TMDL for Bishop Creek (tidal) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2008, will require a 64% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2008, will require a 64% reduction of sources contributing to exceedances of the criteria.

(6) Brushy Creek. The bacteriological TMDL for Brushy Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for the Hillsborough County Dale Mabry Advanced Wastewater Treatment Plant (FL0036820) is that it must meet its NPDES permit limits;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2007 period, will require a 36% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2007 period, will require a 36% reduction of sources contributing to exceedances of the criteria.

(7) Bullfrog Creek (freshwater). The bacteriological TMDL for Bullfrog Creek (freshwater) is 1.66 x 1011 counts/day for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 72% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 72% reduction of sources contributing to exceedances of the criteria.

(8) Bullfrog Creek (tidal). The bacteriological TMDL for Bullfrog Creek (tidal) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 46% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 46% reduction of sources contributing to exceedances of the criteria.

(9) Cross Canal (North). The bacteriological TMDL for Cross Canal (North) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 to 2007 period, will require a 59% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 to 2007 period, will require a 59% reduction of sources contributing to exceedances of the criteria.

(10) Double Branch. The bacteriological TMDL for Double Branch is 43 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for the Hillsborough County Northwest Regional Wastewater Reclamation Facility (FL0041670) is that it must meet the its NPDES permit conditions;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 85% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 85% reduction of sources contributing to exceedances of the criteria.

(11) Little Bullfrog Creek. The bacteriological TMDL for Little Bullfrog Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2007 period, will require a 74% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2007 period, will require a 74% reduction of sources contributing to exceedances of the criteria.

(12) Lower Rocky Creek. The bacteriological TMDL for Lower Rocky Creek is 43 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 83% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 83% reduction of sources contributing to exceedances of the criteria.

(13) Moccasin Creek (tidal). The bacteriological TMDL for Moccasin Creek (tidal) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 to 2006 period, will require a 60% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 to 2006 period, will require a 60% reduction of sources contributing to exceedances of the criteria.

(14) Mullet Creek (freshwater). The bacteriological TMDL for Mullet Creek (freshwater) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2005 period, will require a 57% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2005 period, will require a 57% reduction of sources contributing to exceedances of the criteria.

(15) Mullet Creek (tidal). The bacteriological TMDL for Mullet Creek (tidal) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2006, will require a 49% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2006, will require a 49% reduction of sources contributing to exceedances of the criteria.

(16) Rocky Creek. The bacteriological TMDL for Rocky Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) WLAs for the Hillsborough County Rivers Oaks Advanced Wastewater Treatment Facility (FL0027821) and the Hillsborough County Northwest Regional Wastewater Reclamation Facility (FL0041670) are that they meet the facilities’ permit limits;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 58% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 58% reduction of sources contributing to exceedances of the criteria.

(17) Sweetwater Creek. The bacteriological TMDL for Sweetwater Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 44% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 44% reduction of sources contributing to exceedances of the criteria.

(18) Bellows Lake (also known as East Lake). The TMDLs to address the low DO (addresses downstream impairment) and nutrient impairments are an annual average TN of 1.40 mg/L, an annual average TP of 0.055 mg/L, and an annual average BOD of 2.00 mg/L and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are to address anthropogenic sources in the basin such that in-stream concentrations meet the DO and nutrient criteria which, based on the measured concentrations in the 2005-2006 period, will require a 30.5% reduction of TN, a 33.3% reduction in TP, and a 63.3% reduction of BOD at sources that are contributing to exceedances of the criteria; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the DO and nutrient criteria which, based on the measured concentrations in the 2005-2006 period, will require a 30.5% reduction of TN, a 33.3% reduction in TP, and a 63.3% reduction in BOD of sources that are contributing to exceedances of the criteria.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 11-11-10, Amended 9-9-12, 5-9-21.

Fla. Admin. Code R. 62-304.605 Alafia River TMDLs

(1) Thirty Mile Creek. The TMDL for Thirty Mile Creek (TML) is a monthly average TN concentration of 3.0 mg/L, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES Permitting Program is a monthly average TN concentration of 3.0 mg/L; and

(b) The LA for nonpoint sources is an annual average TN concentration of 1.6 mg/L.

(2) Alafia River above Hillsborough Bay. The TMDL to address the low DO and nutrient impairments for the Alafia River Above Hillsborough Bay is an annual average TN concentration of 0.65 mg/L and is allocated as follows:

(a) The WLA for the Mosaic Fertilizer Riverview Chemical Complex is 5140 lb/year of TN;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the Class III marine DO and nutrient criteria which, based on the measured concentrations from the 2000 to 2006 period, will require a 54% reduction of TN at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the Class III marine DO and nutrient criteria which, based on the measured concentrations from the 2000 to 2006 period, will require a 54% reduction of TN at sources contributing to exceedances of the criteria.

(3) English Creek. The bacteriological TMDL for English Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 40% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 40% reduction of sources contributing to exceedances of the criteria.

(4) Mustang Ranch Creek. The TMDLs to address the low DO and nutrient impairments are an annual average TN concentration of 1.73 mg/L and an annual average TP concentration of 0.415 mg/L and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the Class III freshwater DO criteria which, based on the measured concentrations for the 2005 to 2007 period, will require a 50% reduction of TN and 45% reduction of TP at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the Class III freshwater DO criteria which, based on the measured concentrations from the 2005 to 2007 period, will require a 50% reduction of TN and 45% reduction of TP at sources contributing to exceedances of the criteria.

(5) Mustang Ranch Creek. The bacteriological TMDL for Mustang Ranch Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require an 88% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require an 88% reduction of sources contributing to exceedances of the criteria.

(6) Poley Creek. The bacteriological TMDL for Poley Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 67% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 67% reduction of sources contributing to exceedances of the criteria.

(7) Turkey Creek. The bacteriological TMDL for Turkey Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for the Hillsborough County Valrico Advance Wastewater Treatment Facility (AWWTF FL0040983) must meet its NPDES permit conditions;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 64% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 64% reduction of sources contributing to exceedances of the criteria.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-22-05, Amended 11-2-09, 5-9-21.

Fla. Admin. Code R. 62-304.610 Hillsborough River Basin TMDLs

(1) Sparkman Branch. The bacteriological TMDL for Sparkman Branch is a median of 6.52 x 108 colonies/day for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 59.3% reduction of current fecal coliform loading; and,

(b) The LA for nonpoint sources is a 59.3% reduction of current fecal coliform loading.

(2) Hillsborough River (Segment 1443E). The bacteriological TMDL for the Hillsborough River (Segment 1443E) is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Wastewater Permitting Program is 3.34 x 109 colonies/day for fecal coliform;

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 51.2% reduction of current fecal coliform loading; and

(c) The Load Allocation for nonpoint sources is a 51.2% reduction of current fecal coliform loading.

(3) Lake Hunter. The TMDL for Lake Hunter is an annual average load of 6,579 pounds/year of TN and 489 pounds/year of TP, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is an 80% reduction of current TN and TP loading; and

(b) The LA for nonpoint sources is an annual average load of 6,579 pounds/year of TN and 489 pounds/year of TP.

(4) Baker Creek. The bacteriological TMDL for Baker Creek is a median of 1.35 x 1011 colonies/day for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES Wastewater Permitting Program is 8.72 x 109 colonies/day for fecal coliform;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 44.4% reduction of current fecal coliform loading; and

(c) The LA for nonpoint sources is a 44.4% reduction of current fecal coliform loading.

(5) Flint Creek. The bacteriological TMDL for Flint Creek is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 51.2% reduction of current fecal coliform loading; and

(b) The LA for nonpoint sources is a 51.2% reduction of current fecal coliform loading.

(6) Blackwater Creek. The bacteriological TMDL for Blackwater Creek is a median of 2.07 x 1012 colonies/day for fecal coliform during high/moist conditions, which are defined as flows ranging from 33 cfs to 1,370 cfs, and a median of 6.75 x 1010 colonies/day for fecal coliform during dry conditions, which are defined as flows ranging from 2 cfs to 14 cfs, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES Wastewater Permitting Program is 8.72 x 109 colonies/day for fecal coliform.

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 71.6% reduction of current fecal coliform loading during high/moist conditions, and a 58.1% reduction of fecal coliform loading during dry conditions; and

(c) The LAs for nonpoint sources are a 71.6% reduction of current fecal coliform loading during high/moist conditions, and a 58.1% reduction of fecal coliform loading during dry conditions.

(7) New River. The bacteriological TMDL for the New River is a median of 6.48 x 1010 for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 35.3% reduction of current fecal coliform loading; and

(b) The LA for nonpoint sources is a 35.3% reduction of current fecal coliform loading.

(8) Mill Creek. The bacteriological TMDL for Mill Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 66% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 66% reduction of sources contributing to exceedances of the criteria.

(9) Trout Creek. The bacteriological TMDL for Trout Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for the Hillsborough County Pebble Creek Village WWTF (FL0039896) must meet its NPDES permit conditions;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 53% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 53% reduction of sources contributing to exceedances of the criteria.

(10) Channelized Stream. The TMDLs to address the low DO and nutrient impairments are an annual average 1.16 mg/L of TN and an annual average of 0.473 mg/L of TP and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 52.1% reduction in anthropogenic loadings of TN and a 60.5% reduction in anthropogenic loadings of TP for the 2000-2007 period at sources contributing to exceedances of the criteria; and

(c) The LAs for nonpoint sources are a 52.1% reduction in anthropogenic loadings of TN and a 60.5% reduction in anthropogenic loadings of TP for the 2000-2007 period at sources contributing to exceedances of the criteria.

(11) Lake Thonotosassa. The nutrient TMDL for Lake Thonotosassa is a seven-year average of annual loads of 46,962 pounds per year (lbs/year) TN and 3,137 lbs/year TP, which is intended to achieve an AGM chlorophyll a concentration of 32 µg/L not to be exceeded more than once in any consecutive 3-year period, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 29% reduction of TN (calculated from 55,504 lbs/year) and a 89% reduction of TP (calculated from 21,943 lbs/year), which are based on the average of annual loads from the 1999-2010 period; and

(c) The LA for nonpoint sources is a 29% reduction of TN (calculated from 55,504 lbs/year) and a 89% reduction of TP (calculated from 21,943 lbs/year), which are based on the average of annual loads from the 1999-2010 period.

(12) Flint Creek. The nutrient TMDL for Flint Creek is an AGM concentration not to be exceed more than once in any consecutive 3-year period of 1.80 mg/L TN which is intended to achieve an AGM chlorophyll a concentration of 18 µg/L not to be exceeded more than once in any consecutive 3-year period, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 28% reduction of TN (calculated from 2.49 mg/L), which is based on the highest AGM concentration from the 1999-2010 period; and

(c) The LA for nonpoint sources is a 28% reduction of TN (calculated from 2.49 mg/L), which is based on the highest AGM concentration from the 1999-2010 period.

(13) Lake Valrico. The nutrient TMDLs for Lake Valrico are seven-year averages of annual loads of 2,317 kg/yr of TN and 90 kg/yr of TP, which are intended to achieve the applicable AGM chlorophyll a criterion for low-color, high-alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable.

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 29% reduction of TN (calculated from 3,259 kg/yr) and a 78% reduction of TP (calculated from 418 kg/yr), based on the highest seven-year average load from the 2011 – 2020 period; and

(c) The LA for nonpoint sources is a 29% reduction of TN (calculated from 3,259 kg/yr) and a 78% reduction of TP (calculated from 418 kg/yr), based on the highest seven-year average load from the 2011-2020 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-22-04, Amended 7-7-10, 6-7-13, 7-23-19, 5-9-21, 8-31-23.

Fla. Admin. Code R. 62-304.615 Manatee River Basin TMDLs

(1) Braden River above Ward Lake. The bacteriological TMDL for Braden River above Ward Lake is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 43% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 43% reduction of sources contributing to exceedances of the criteria.

(2) Cedar Creek. The bacteriological TMDL for Cedar Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 61% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 61% reduction of sources contributing to exceedances of the criteria.

(3) Gilly Creek. The bacteriological TMDL for Gilly Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 56% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 56% reduction of sources contributing to exceedances of the criteria.

(4) Nonsense Creek. The bacteriological TMDL for Nonsense Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 57% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 57% reduction of sources contributing to exceedances of the criteria.

(5) Nonsense Creek. The TMDLs to address the low DO condition are an annual median TN of 0.89 mg/L and an annual median BOD of 2.0 mg/L, and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 27% reduction of current anthropogenic TN and a 36% reduction of current anthropogenic total BOD loading based on measured concentrations from the 2001 to 2008 period; and

(c) The LAs for nonpoint sources are a 27% reduction of current anthropogenic TN, and a 36% reduction of current anthropogenic total BOD loadings based on measured concentrations from the 2001 to 2008 period.

(6) Rattlesnake Slough. The bacteriological TMDL for Rattlesnake Slough is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 48% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 48% reduction of sources contributing to exceedances of the criteria.

(7) Rattlesnake Slough. The TMDLs to address the low DO and nutrient impairments in Rattlesnake Slough are 0.84 mg/L of TN, 0.48 mg/L TP, and 2.4 mg/L of BOD and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are 30, 21, and 31% reductions of current anthropogenic TN, TP, and BOD loadings, respectively, based on measured concentrations from the 2001 to 2008 period; and

(c) The LAs for nonpoint sources are 30, 21, and 31% reductions of current anthropogenic TN, TP, and BOD loadings, respectively, based on measured concentrations from the 2001 to 2008 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 11-2-09, Amended 5-9-21.

Fla. Admin. Code R. 62-304.620 Little Manatee River Basin TMDLs

(1) Little Manatee River. The bacteriological TMDL for Little Manatee River is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 79% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 79% reduction of sources contributing to exceedances of the criteria.

(2) South Fork Little Manatee River. The bacteriological TMDL for South Fork Little Manatee River is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 43% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2008 period, will require a 43% reduction of sources contributing to exceedances of the criteria.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 11-2-09, Amended 5-9-21.

Fla. Admin. Code R. 62-304.625 Peace River Basin TMDLs

(1) Lake Cannon. The nutrient TMDL for Lake Cannon is an in-lake AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP which are intended to achieve the applicable AGM chlorophyll a criterion for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 20% reduction of TN (calculated from 1.33 mg/L) and 0% reduction of TP, which is based on the highest AGM concentrations from the 2008 ‒ 2016 period; and

(c) The LA for nonpoint sources is 20% reduction of TN (calculated from 1.33 mg/L) and 0% reduction of TP, which is based on the highest AGM concentration from the 2008 ‒ 2016 period.

(2) Lake Howard. The nutrient TMDL for Lake Howard is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 39% reduction of TN (calculated from 1.76 mg/L) and 0% reduction of TP, which is based on the highest AGM concentrations from the 2008 – 2016 period; and

(c) The LA for nonpoint sources is 39% reduction of TN (calculated from 1.76 mg/L) and 0% reduction of TP, which is based on the highest AGM concentration from the 2008 ‒ 2016 period.

(3) Lake Idylwild. The nutrient TMDL for Lake Idylwild is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 31% reduction of the TN (calculated from 1.54 mg/L) and 0% reduction of TP, which is based on the highest AGM concentrations from the 2008 ‒ 2016 period; and

(c) The LA for nonpoint sources is 31% reduction of TN (calculated from 1.54 mg/L) and 0% reduction of TP, which is based on the highest AGM concentration from the 2008 ‒ 2016 period.

(4) Lake Jessie. The nutrient TMDL for Lake Jessie is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 12% reduction of TN (calculated from 1.21 mg/L) and 0% reduction of TP, which is based on the highest AGM concentrations from the 2008 – 2016 period; and

(c) The LA for nonpoint sources is 12% reduction of TN (calculated from 1.21 mg/L) and 0% reduction of TP, which is based on the highest AGM concentration from the 2008 ‒ 2016 period.

(5) Lake Lulu. The nutrient TMDL for Lake Lulu is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 35% reduction of TN (calculated from 1.64 mg/L) and 0% reduction of TP, which is based on the highest AGM concentrations from the 2008 – 2016 period; and

(c) The LA for nonpoint sources is 35% reduction of TN (calculated from 1.64 mg/L) and 0% reduction of TP, which is based on the highest AGM concentration from the 2008 ‒ 2016 period.

(6) Lake May. The nutrient TMDL for Lake May is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 44% reduction of TN (calculated from 1.90 mg/L) and a 57% reduction of TP (calculated from 0.07 mg/L), which is based on the highest AGM concentrations from the 2008 – 2016 period; and

(c) The LA for nonpoint sources is 44% reduction of TN (calculated from 1.90 mg/L) and 57% reduction of TP (calculated from 0.07 mg/L), which is based on the highest AGM concentration from the 2008 ‒ 2016 period.

(7) Lake Mirror. The TMDL for Lake Mirror for TP is 55 kilograms per year (kg/year), and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 28% reduction of the average TP loading for the 1990 to 1999 period;

(c) The LA for nonpoint sources is 51 kg/year of TP; and,

(d) The Margin of Safety is 4 kg/year of TP.

(8) Lake Shipp. The nutrient TMDL for Lake Shipp is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 49% reduction of TN (calculated from 2.08 mg/L) and 0% reduction of TP, which is based on the highest AGM concentrations from the 2008 – 2016 period; and

(c) The LA for nonpoint sources is 49% reduction of TN (calculated from 2.08 mg/L) and 0% reduction of TP, which is based on the highest AGM concentration from the 2008 ‒ 2016 period.

(9) Wahneta Farms Drainage Canal. The bacteriological TMDL for Wahneta Farms Drainage Canal Creek is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1999 to 2004 period, will require a 39% reduction at sources contributing to exceedances of the criteria; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1999 to 2004 period, will require a 39% reduction at sources contributing to exceedances of the criteria.

(10) Peace River Above Bowlegs Creek. The bacteriological TMDL for the Peace River above Bowlegs Creek is a median of 2.29 x 1012 colonies/day for fecal coliform under “moist conditions,” which are defined as flows ranging from 99 to 665 cubic feet per second (cfs), and a median of 1.66 x 1011 colonies/day for fecal coliform under “dry conditions,” which are defined as flows ranging from 6.4 to 35 cfs, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1993 to 2003 period, will require a 23% reduction at sources contributing to exceedances of the criteria during moist conditions and a 52% reduction at sources contributing to exceedances of the criteria during dry conditions; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1993 to 2003 period, will require a 23% reduction at sources contributing to exceedances of the criteria during moist conditions and a 52% reduction at sources contributing to exceedances of the criteria during dry conditions.

(11) Peace Creek Drainage Canal. The bacteriological TMDL for Peace Creek Drainage Canal is a median of 3.62 x 1011 colonies/day for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES Wastewater Permitting Program is to meet applicable water quality criteria for fecal coliform;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1992 to 2004 period, will require a 62% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1992 to 2004 period, will require a 62% reduction at sources contributing to exceedances of the criteria.

(12) Lake Bonny: The nutrient Total Maximum Daily Load (TMDL) for Lake Bonny is an in-lake AGM concentration of 0.89 mg/L TN and 0.04 mg/L TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 64% reduction of TN and a 60% reduction of TP based on mean concentrations from the 2002-2012 period; and

(c) The LA for nonpoint sources is a 64% reduction of TN and a 60% reduction of TP based on mean concentrations from the 2002-2012 period.

(13) Lake Hollingsworth: The nutrient TMDL for Lake Hollingsworth is an in-lake AGM concentration of 0.86 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable AGM chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 68% reduction of TN (calculated from 2.66 mg/L) and a 75% reduction of TP (calculated from 0.12 mg/L), which are the highest AGMs based on mean concentrations from the 2002-2012 period; and

(c) The LA for nonpoint sources is a 68% reduction of TN (calculated from 2.66 mg/L) and a 75% reduction of TP (calculated from 0.12 mg/L), which are the highest AGMs based on mean concentrations from the 2002-2012 period.

(14) Lake Lena: The nutrient TMDL for Lake Lena is an in-lake AGM concentration of 1.14 mg/L TN, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 42% reduction of TN based on mean concentrations from the 2003-2012 period; and

(c) The LA for nonpoint sources is a 42% reduction of TN based on mean concentrations from the 2003-2012 period.

(15) Deer Lake: The nutrient TMDL for Deer Lake is an in-lake AGM concentration of 1.42 mg/L TN, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 12% reduction of TN based on mean concentrations from the 2005-2012 period; and

(c) The LA for nonpoint sources is a 12% reduction of TN based on mean concentrations from the 2005-2012 period.

(16) Lake Haines. The nutrient TMDL for Lake Haines is an AGM concentration of 1.05 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable AGM chlorophyll a criterion for high color lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 33% reduction of TN (calculated from 1.56 mg/L) and a 0% reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period; and

(c) The LA for nonpoint sources is a 33% reduction of TN (calculated from 1.56 mg/L) and a 0% reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentration from the 2003-2016 period.

(17) Lake Rochelle. The nutrient TMDL for Lake Rochelle is an AGM concentration of 1.05 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable AGM chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 32% reduction of TN (calculated from 1.54 mg/L) and a 0% reduction of TP (calculated from 0.03 mg/L), which are the highest AGM concentrations from the 2003-2016 period; and

(c) The LA for nonpoint sources is a 32% reduction of TN (calculated from 1.54 mg/L) and a 0% reduction of TP (calculated from 0.03 mg/L), which are the highest AGM concentrations from the 2003-2016 period.

(18) Lake Conine. The nutrient TMDL for Lake Conine is an AGM concentration of 1.05 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable AGM chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 36% reduction of TN (calculated from 1.65 mg/L) and a 57% reduction of TP (calculated from 0.07 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period; and

(c) The LA for nonpoint sources is a 36% reduction of TN (calculated from 1.65 mg/L) and a 57% reduction of TP (calculated from 0.07 mg/L), which are the highest AGM concentrations from the 2003-2016 period.

(19) Lake Alfred. The nutrient TMDL for Lake Alfred is an AGM concentration of 1.69 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable AGM chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 16% reduction of TN (calculated from 2.00 mg/L) and a 0% reduction of TP (calculated from 0.03 mg/L), which are the highest AGM concentrations from the 2003-2016 period; and

(c) The LA for nonpoint sources is a 16% reduction of TN (calculated from 2.00 mg/L) and a 0% reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period.

(20) Lake Blue. The nutrient TMDL for Lake Blue is an AGM concentration of 1.16 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable AGM chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 66% reduction of TN (calculated from 3.45 mg/L) and a 67% reduction of TP (calculated from 0.09 mg/L), which are the highest AGM concentrations from the 2003-2016 period; and

(c) The LA for nonpoint sources is a 66% reduction of TN (calculated from 3.45 mg/L) and a 67% reduction of TP (calculated from 0.09 mg/L), which are the highest AGM concentrations from the 2003-2016 period.

(21) Lake Marianna. The nutrient TMDL for Lake Marianna is an AGM concentration of 1.00 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable AGM chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 44% reduction of TN (calculated from 1.79 mg/L) and a 0% reduction of TP (calculated from 0.03 mg/L), which are the highest AGM concentrations from the 2003-2016 period; and

(c) The LA for nonpoint sources is a 44% reduction of TN (calculated from 1.79 mg/L) and a 0% reduction of TP (calculated from 0.03 mg/L), which are the highest AGM concentrations from the 2003-2016 period.

(22) Lake Ariana. The nutrient TMDL for Lake Ariana is an AGM concentration of 0.97 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable AGM chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 36% reduction of TN (calculated from 1.51 mg/L) and a 0% reduction of TP (calculated from 0.03 mg/L), which are the highest AGM concentrations from the 2003-2016 period; and

(c) The LA for nonpoint sources is a 36% reduction of TN (calculated from 1.51 mg/L) and a 0% reduction of TP (calculated from 0.03 mg/L), which are the highest AGM concentrations from the 2003-2016 period.

(23) Eagle Lake. The nutrient TMDL for Eagle Lake is an AGM concentration of 0.63 mg/L TN and 0.01 mg/L TP, which is intended to achieve the applicable AGM chlorophyll a criterion for low color, low alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 38% reduction of TN (calculated from 1.01 mg/L) and a 50% reduction of TP (calculated from 0.02 mg/L), which are the highest AGM concentrations from the 2003-2016 period; and

(c) The LA for nonpoint sources is a 38% reduction of TN (calculated from 1.01 mg/L) and a 50% reduction of TP (calculated from 0.02 mg/L), which are the highest AGM concentrations from the 2003-2016 period.

(24) Lake Eloise. The nutrient TMDL for Lake Eloise is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 33% reduction of TN (calculated from 1.59 mg/L) and 0% reduction of TP, which is based on the highest AGM concentrations from the 2008 – 2016 period; and

(c) The LA for nonpoint sources is 33% reduction of TN (calculated from 1.59 mg/L) and 0% reduction of TP, which is based on the highest AGM concentration from the 2008 ‒ 2016 period.

(25) Lake Hartridge. The nutrient TMDL for Lake Hartridge is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 36% reduction of TN (calculated from 1.66 mg/L) and 0% reduction of TP, which is based on the highest AGM concentrations from the 2008 – 2016 period; and

(c) The LA for nonpoint sources is 36% reduction of TN (calculated from 1.66 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2008 ‒ 2016 period.

(26) Lake McLeod. The nutrient TMDL for Lake McLeod is a seven-year average of annual loads of 8,172 lbs/year TN and 609 lbs/year TP, which are intended to achieve the applicable chlorophyll a criterion for low color and low alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 21% reduction of TN (calculated from 10,330 lbs/year) and a 46% reduction of TP (calculated from 1,120 lbs/year) from the 2001-2016 period; and

(c) The LA for nonpoint sources is a 21% reduction of TN (calculated from 10,330 lbs/year) and a 46% reduction of TP (calculated from 1,120 lbs/year) based on average loads from the 2001-2016 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 5-1-07, Amended 2-19-15, 8-19-18, 10-29-19, 1-30-20, 5-9-21.

Fla. Admin. Code R. 62-304.640 Withlacoochee River Basin TMDLs

(1) Rainbow Springs Group and Rainbow Springs Group Run. The nitrate-nitrite TMDL is an in-stream monthly mean concentration of 0.35 mg/L and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream nitrate-nitrite concentrations meet the TMDL target, which, based on the mean concentrations from the 2000-2010 period, will require a 82% reduction of nitrate-nitrite; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream nitrate-nitrite concentrations meet the TMDL target, which, based on the mean concentrations from the 2000-2011 period, will require a 82% reduction of nitrate-nitrite.

(2) Lake Juliana. The nutrient TMDL for Lake Juliana is an AGM of 1.03 mg/L TN, which is intended to achieve the applicable AGM chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 40% reduction of TN based on mean concentrations from the 2003-2013 period; and

(c) The LA for nonpoint sources is a 40% reduction of TN based on mean concentrations from the 2003-2013 period.

(3) Gum Springs (Alligator Springs). The nutrient TMDL for Gum Springs (Alligator Springs) is an AGM of 0.35 mg/L nitrate-nitrite at the spring vent, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 78% reduction of nitrate-nitrite (calculated from 1.58 mg/L), which is based on the highest AGM concentration from the 2009 – 2017 period; and

(c) The LA for nonpoint sources is 78% reduction of nitrate-nitrite (calculated from 1.58 mg/L), which is based on the highest AGM from the 2009 ‒ 2017 period.

(4) Wilson Head Spring. The nutrient TMDL for Wilson Head Spring is an AGM of 0.35 mg/L nitrate-nitrite at the spring vent, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 43% reduction of nitrate-nitrite (calculated from 0.61 mg/L), which is based on the highest AGM concentration from the 2009 – 2017 period; and

(c) The LA for nonpoint sources is 43% reduction of nitrate-nitrite (calculated from 0.61 mg/L), which is based on the highest AGM from the 2009 ‒ 2017 period.

(5) Blue Spring (Citrus County). The nutrient TMDL for Blue Spring (Citrus County) is an AGM of 0.35 mg/L nitrate-nitrite at the spring vent, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 61% reduction of nitrate-nitrite (calculated from 0.90 mg/L), which is based on the highest AGM concentration from the 2009 – 2017 period; and

(c) The LA for nonpoint sources is 61% reduction of nitrate-nitrite (calculated from 0.90 mg/L), which is based on the highest AGM from the 2009 ‒ 2017 period.

(6) Lake Agnes. The nutrient TMDL for Lake Agnes is a seven-year average of annual loads of 10,896 lbs/year TN and 618 lbs/year TP, which are intended to achieve the applicable chlorophyll a criterion for low color and low alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 41% reduction of TN (calculated from 18,552 lbs/year) and a 69% reduction of TP (calculated from 1,979 lbs/year) from the 2000-2016 period; and

(c) The LA for nonpoint sources is a 41% reduction of TN (calculated from 18,552 lbs/year) and a 69% reduction of TP (calculated from 1,979 lbs/year) based on average loads from the 2000-2016 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 5-7-13, Amended 12-11-16, 10-29-19, 1-30-20, 5-9-21.

Fla. Admin. Code R. 62-304.645 Springs Coast Basin TMDLs

(1) Klosterman Bayou Run Tidal Segment. The bacteriological TMDL for Klosterman Bayou Run is 400 counts/100 ml for fecal coliform, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 to 2006 period, is a 52% reduction of current fecal coliform loading; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 to 2006 period, is a 52% reduction of current fecal coliform loading.

(2) Saint Joes Creek Freshwater Segment. The bacteriological TMDLs for the Saint Joes Creek freshwater segment are established as follows: the Main Channel is a median of 4.1 x 1010 colonies/day for fecal coliform and the Miles Creek tributary is a median of 3.2 x 1010 colonies/day for fecal coliform, and are allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2006 period, is a 50% reduction of current fecal coliform loading to the Saint Joes Creek Main Channel and based on the measured concentrations from the 2005 to 2006 period, is a 57% reduction of fecal coliform loading to the Saint Joes Creek Miles Creek tributary; and

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2006 period is a 50% reduction of current fecal coliform loading to the Saint Joes Creek Main Channel and based on the measured concentrations from the 2005 to 2006 period, is a 57% reduction of fecal coliform loading to the Saint Joes Creek Miles Creek tributary.

(3) 34th Street Basin. The bacteriological TMDL for the 34th Street Basin is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2008 to 2011 period, will require a 98% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2008 to 2011 period, will require a 98% reduction at sources contributing to exceedances of the criteria.

(4) Clam Bayou Drain. The bacteriological TMDL for the Clam Bayou Drain is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2011 period, will require a 86% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2011 period, will require a 86% reduction of sources contributing to exceedances of the criteria.

(5) Clam Bayou (East Drainage). The bacteriological TMDL for the Clam Bayou (East Drainage) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2011 period, will require a 95% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2011 period, will require a 95% reduction of sources contributing to exceedances of the criteria.

(6) Clam Bayou Drain (Tidal). The bacteriological TMDL for the Clam Bayou Drain (Tidal) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2010, will require a 90% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2010, will require a 90% reduction of sources contributing to exceedances of the criteria.

(7) Cedar Creek (Tidal). The bacteriological TMDL for Cedar Creek (Tidal) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2011 period, will require a 88% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2011 period, will require a 88% reduction of sources contributing to exceedances of the criteria.

(8) Cedar Creek. The bacteriological TMDL for Cedar Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2010 period, will require a 87% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2011 period, will require a 87% reduction of sources contributing to exceedances of the criteria.

(9) Curlew Creek Freshwater Segment. The bacteriological TMDL for the Curlew Creek Freshwater Segment is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for the Mid-County Wastewater Treatment Plant (Permit Number FL0034789) is that the facility must meet its permit limit;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2011 period, will require a 90% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2011 period, will require a 90% reduction of sources contributing to exceedances of the criteria.

(10) McKay Creek (Tidal). The bacteriological TMDL for McKay Creek (Tidal) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2004 and 2010, will require no reduction from the existing condition, but must continue to meet applicable water quality standards; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2004 and 2010, will require no reduction from the existing condition.

(11) McKay Creek. The bacteriological TMDL for McKay Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 to 2010 period, will require a 91% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 and 2010 period, will require a 91% reduction of sources contributing to exceedances of the criteria.

(12) Pinellas Park Ditch No. 1 (Tidal Segment). The bacteriological TMDL for Pinellas Park Ditch No. 1 (Tidal Segment) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2004, 2006, and 2008, will require a 77% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2004, 2006, and 2008, will require a 77% reduction of sources contributing to exceedances of the criteria.

(13) Curlew Creek Tidal Segment. The TMDL to address the low DO and nutrient impairments is an annual average TN concentration of 0.95 mg/L and is allocated as follows:

(a) The WLA for the Mid-County Wastewater Treatment Plant is 4,245 lb/year of TN;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the Class III marine DO and nutrient criteria which, based on the measured concentrations in the year 2011, will require a 15% reduction of TN at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the Class III marine DO and nutrient criteria which, based on the measured concentrations in the year 2011, will require a 15% reduction of TN at sources contributing to exceedances of the criteria.

(14) McKay Creek Tidal Segment. The TMDLs to address the low DO and nutrient impairments are an annual TN load of 15,563 lb/year and an annual BOD load of 32,505 lb/year and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criterion and nutrient criterion, expressed as a chlorophyll a target, which, based on the calculated loadings from the 2002 – 2011 period, will require a 45% reduction of TN and 45% reduction of BOD at sources contributing to exceedances of the criteria; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criterion and nutrient criterion, expressed as a chlorophyll a target, which, based on the calculated loadings from the 2002-2011 period, will require a 45% reduction of TN and 45% reduction of BOD at sources contributing to exceedances of the criteria.

(15) Stevenson Creek Tidal Segment. The TMDLs for the Stevenson Creek tidal segment, to address nutrients and low DO, are 39,915 lbs/year of TN and 85,471 lbs/year of five-day CBOD and are allocated as follows:

(a) The WLAs for the Marshall Street Wastewater Treatment Plant are 76,157 lbs/year of CBOD and 33,509 lbs/year of TN;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 permitting program address anthropogenic sources in the basin and are 9,314 lbs/year of CBOD and 6,406 lbs/year of TN;

(c) Achievement of the total WLAs for the TMDLs by combining the Marshall Street WWTP and the MS4 discharges is allowed without reallocation of the individual WLAs; and

(d) The LA for this TMDL is not applicable.

(16) Weeki Wachee Spring and Weeki Wachee River (Freshwater Segment). The nutrient TMDLs are an annual arithmetic mean nitrate-nitrite concentration of 0.28 mg/L at the spring vent of Weeki Wachee Spring and an in-stream annual arithmetic mean nitrate-nitrite concentration of 0.20 mg/L for the Weeki Wachee River (freshwater segment).

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 permitting program is to address anthropogenic sources in the basin such that in-stream nitrate-nitrite concentrations meet the TMDL target, which will require a 71.1% reduction of nitrate-nitrite in Weeki Wachee Spring and a 77.3% reduction of nitrate-nitrite in the freshwater segment of the Weeki Wachee River, based on mean concentrations from the 2004-2012 period; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream nitrate-nitrite concentrations meet the TMDL target, which will require a 71.1% reduction of nitrate-nitrite in Weeki Wachee Spring and a 77.3% reduction of nitrate-nitrite in the freshwater segment of the Weeki Wachee River, based on mean concentrations from the 2004-2012 period.

(17) Kings Bay. The nutrient TMDL is an annual arithmetic mean TN concentration of 0.28 mg/L and an annual arithmetic mean TP concentration of 0.032 mg/L, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for surface water discharges subject to the Department’s NPDES MS4 permitting program is not applicable; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the estuary such that TN and TP concentrations meet the TMDL targets, which will require a 22% reduction of TN and a 14% reduction of TP, based on the mean concentrations from the 2004-2012 period.

(18) Hunter Spring, House Spring, Idiot’s Delight Spring, Tarpon Spring, and Black Spring. The nutrient TMDLs are an annual arithmetic mean nitrate-nitrite concentration of 0.23 mg/L and an annual arithmetic mean orthophosphate concentration of 0.028 mg/L and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for surface water discharges subject to the Department’s NPDES MS4 permitting program is not applicable; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the spring such that nitrate-nitrite and orthophosphate concentrations meet the TMDL targets, which will require a 64% reduction of nitrate-nitrite for Hunter Spring, a 53% reduction of nitrate-nitrite for House Spring, a 26% reduction of nitrate-nitrite and a 7% reduction of orthophosphate for Idiot’s Delight Spring, a 21% reduction of nitrate-nitrite and a 10% reduction of orthophosphate for Tarpon Spring, and a 26% reduction of nitrate-nitrite for Black Spring based on the mean concentrations from the 2004-2012 period.

(19) Chassahowitzka Main Spring, Chassahowitzka #1 Spring and Crab Creek Spring. The nutrient TMDLs are an annual arithmetic mean nitrate-nitrite concentration of 0.23 mg/L at the spring vent of Chassahowitzka Main Spring, Chassahowitzka #1 Spring and Crab Creek Spring, and are allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 permitting program are to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 62% reduction of nitrate-nitrite for Chassahowitzka Main Spring, a 64% reduction of nitrate-nitrite for Chassahowitzka #1 Spring, and a 64% reduction of nitrate-nitrite for Crab Creek Spring, based on mean concentrations from the 2004 – 2013 period; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 62% reduction of nitrate-nitrite for Chassahowitzka Main Spring, a 64% reduction of nitrate-nitrite for Chassahowitzka #1 Spring, and a 64% reduction of nitrate-nitrite for Crab Creek Spring, based on mean concentrations from the 2004 – 2013 period.

(20) Chassahowitzka River-Baird Creek. The nutrient TMDL is an annual arithmetic mean TN concentration of 0.25 mg/L, and is allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 permitting program is to address anthropogenic sources in the basin such that in-stream TN concentrations meet the TMDL target, which will require a 57% reduction of TN, based on mean concentrations from the 2004-2013 period; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream TN concentrations meet the TMDL target, which will require a 57% reduction of TN, based on mean concentrations from the 2004-2013 period.

(21) Baird #1 Spring and Ruth Spring. The nutrient TMDLs are an annual arithmetic mean nitrate-nitrite concentration of 0.23 mg/L at the spring vent of Baird #1 Main Spring and Ruth Spring, and are allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 permitting program are to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 21% reduction of nitrate-nitrite for Baird #1 Spring and a 67% reduction of nitrate-nitrite for Ruth Spring, based on mean concentrations from the 2004 – 2013 period; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 21% reduction of nitrate-nitrite for Baird #1 Spring and a 67% reduction of nitrate-nitrite for Ruth Spring, based on mean concentrations from the 2004 – 2013 period.

(22) Beteejay Spring. The nutrient TMDL is an annual arithmetic mean nitrate-nitrite concentration of 0.23 mg/L at the spring vent of Beteejay Spring, and is allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 permitting program is to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 49% reduction of nitrate-nitrite, based on mean concentrations from the 2004-2013 period; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 49% reduction of nitrate-nitrite, based on mean concentrations from the 2004 – 2013 period.

(23) Homosassa #1 Spring, Homosassa #2 Spring, Homosassa #3 Spring, Pumphouse Springs and Trotter Springs. The nutrient TMDLs are an annual arithmetic mean nitrate-nitrite concentration of 0.23 mg/L at the spring vent of Homosassa #1 Spring, Homosassa #2 Spring, Homosassa #3 Spring, Pumphouse Springs and Trotter Springs, and are allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 permitting program are to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 65% reduction of nitrate-nitrite for Homosassa #1 Spring, a 63% reduction of nitrate-nitrite for Homosassa #2 Spring, a 66% reduction of nitrate-nitrite for Homosassa #3 Spring, a 65% reduction of nitrate-nitrite for Pumphouse Springs, and a 68% reduction of nitrate-nitrite for Trotter Springs, based on mean concentrations from the 2004-2013 period; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 65% reduction of nitrate-nitrite for Homosassa #1 Spring, a 63% reduction of nitrate-nitrite for Homosassa #2 Spring, a 66% reduction of nitrate-nitrite for Homosassa #3 Spring, a 65% reduction of nitrate-nitrite for Pumphouse Springs, and a 68% reduction of nitrate-nitrite for Trotter Springs, based on mean concentrations from the 2004-2013 period.

(24) Bluebird Springs. The nutrient TMDL is an annual arithmetic mean nitrate-nitrite concentration of 0.23 mg/L at the spring vent of Bluebird Spring, and is allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 permitting program is to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 69% reduction of nitrate-nitrite, based on mean concentrations from the 2004-2013 period; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 69% reduction of nitrate-nitrite, based on mean concentrations from the 2004-2013 period.

(25) Hidden River Main Spring and Hidden River #2 Spring. The nutrient TMDLs are an annual arithmetic mean nitrate-nitrite concentration of 0.23 mg/L at the spring vent of Hidden River Main Spring and Hidden River #2 Spring, and are allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 permitting program are to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 76% reduction of nitrate-nitrite for Hidden River Main Spring and a 75% reduction of nitrate-nitrite for Hidden River #2 Spring, based on mean concentrations from the 2004-2013 period; and

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 76% reduction of nitrate-nitrite for Hidden River Main Spring and a 75% reduction of nitrate-nitrite for Hidden River #2 Spring, based on mean concentrations from the 2004-2013 period.

(26) Magnolia-Aripeka Springs Group. The nutrient TMDL is an annual arithmetic mean nitrate-nitrite concentration of 0.23 mg/L at the spring vents in the Magnolia-Aripeka Springs Group, and is allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 permitting program is to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 77% reduction of nitrate-nitrite based on mean concentrations from the 2004-2014 period; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 77% reduction of nitrate-nitrite based on mean concentrations from the 2004-2014 period.

(27) Jenkins Creek Spring. The nutrient TMDL is an annual arithmetic mean nitrate-nitrite concentration of 0.23 mg/L at the spring vent of Jenkins Creek Spring, and is allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 permitting program is to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 73% reduction of nitrate-nitrite for Jenkins Creek Spring, based on mean concentrations from the 2004-2014 period; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 73% reduction of nitrate-nitrite for Jenkins Creek Spring, based on mean concentrations from the 2004-2014 period.

(28) Wilderness-Mud-Salt Springs Group. The nutrient TMDL is an annual arithmetic mean nitrate-nitrite concentration of 0.23 mg/L at the spring vents in the Wilderness-Mud-Salt Springs Group, and is allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 permitting program is to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 62% reduction of nitrate-nitrite based on mean concentrations from the 2004-2014 period; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-spring nitrate-nitrite concentrations meet the TMDL target, which will require a 62% reduction of nitrate-nitrite based on mean concentrations from the 2004-2014 period.

SOUTHEAST FLORIDA TMDLs

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-3-08, Amended 11-14-12, 6-7-13, 11-25-13, 6-18-14, 6-4-15, 12-11-16, 5-9-21.

Fla. Admin. Code R. 62-304.700 Lake Okeechobee Basin TMDLs

(1) The TMDL for TP for Lake Okeechobee shall be 140 metric tons, including atmospheric deposition. Attainment of the TMDL shall be calculated using a 5-year rolling average of the monthly loads calculated from measured flow and concentration values.

(a) Implementation shall be in accordance with Section 373.4595, F.S.

(b) Management strategies shall be implemented in a phased approach.

(c) This TMDL shall be re-evaluated and, if appropriate, either increased or decreased through subsequent rulemaking as new research and data become available, but no later than 5 years from the effective date of this rule.

(2) The TMDL for Lake Okeechobee is allocated to the sum of the nonpoint source inflows to the Lake.

(3) For purposes of this TMDL, nonpoint sources of phosphorus shall be controlled in accordance with the provisions of Sections 403.067 and 373.4595, F.S. Nonpoint sources of phosphorus that comply with the provisions of Section 373.4595, F.S., shall be deemed to be in compliance with this TMDL.

(4) For purposes of this subsection, all existing direct inflows into Lake Okeechobee shall be considered to be nonpoint sources.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 373.4595, 403.061, 403.062, 403.067 FS. History–New 5-24-01, Amended 5-9-21.

Fla. Admin. Code R. 62-304.705 St. Lucie River Basin TMDLs

(1) St. Lucie Estuary (Lower & Middle Estuary). The TMDLs for the St. Lucie Estuary, based on data in the period from 1996 through 2005, are to achieve 0.081 mg/L TP and 0.72 mg/L TN at Roosevelt Bridge and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are a 21.4% reduction of TN and a 41.3% reduction of TP; and

(c) The LAs for nonpoint sources are a 21.4% reduction of TN and a 41.3% reduction of TP.

(2) North Fork St. Lucie River (Freshwater). The TMDLs for the North St. Lucie (Freshwater) are to achieve 0.081 mg/L TP, 0.72 mg/L TN, and 2.0 mg/L BOD for this segment. Based on data in the period from 1996 to 2005, the cumulative load from all sources is 140,134 lbs/year TN, 15,765 lbs/year TP and 2.0 mg/L BOD allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are 25.0% reduction of TN, 42.2% reduction of TP, and 74.0% reduction of BOD; and

(c) The LAs for nonpoint sources are 25.0% reduction of TN, 42.2% reduction of TP, and 74.0% reduction of BOD.

(3) North Fork St. Lucie Estuary (Estuarine North Fork). The TMDLs for the North Fork St. Lucie Estuary (Estuarine North Fork) are to achieve 0.081 mg/L TP and 0.72 mg/L TN in this estuary segment. Based on data in the period from 1996 to 2005, the cumulative load from all sources is 103,747 lbs/year TN and 11,672 lbs/year TP allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are 28.8% reduction of TN and 58.1% reduction of TP; and

(c) The LAs for nonpoint sources are 28.8% reduction of TN and 58.1% reduction of TP.

(4) C-24 Canal. The TMDLs for the C-24 Canal are to achieve 0.081 mg/L TP, 0.72 mg/L TN, and 2.0 mg/L BOD for the canal segment. Based on data in the period from 1996 to 2005, the cumulative load from all sources is 348,957 lbs/year TN, 39, 258 lbs/year TP and 2.0 mg/L BOD allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are 51.8% reduction of TN, 72.2% reduction of TP, and 33.3% reduction of BOD; and

(c) The LAs for nonpoint sources are 51.8% reduction of TN, 72.2% reduction of TP, and 33.3% reduction of BOD.

(5) C-23 Canal. The TMDLs for the C-23 Canal are to achieve 0.081 mg/L TP and 0.72 mg/L TN in the canal segment. Based on data in the period from 1996 through 2005, the cumulative load from all sources is 242,202 lbs/year TN and 27,248 lbs/year TP allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are 51.7% reduction of TN and 78.6% reduction of TP; and

(c) The LAs for nonpoint sources are 51.7% reduction of TN and 78.6% reduction of TP.

(6) South Fork St. Lucie Estuary. The TMDLs for the South Fork St. Lucie Estuary are to achieve 0.081 mg/L TP and 0.72 mg/L TN in this estuary segment. Based on data in the period from 1996 through 2005, the cumulative load from all sources is 24,463 lbs/year TN and 2,752 lbs/year TP allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are 38.4% reduction of TN and 57.2% reduction of TP; and

(c) The LAs for nonpoint sources are 38.4% reduction of TN and 57.2% reduction of TP.

(7) South Fork St. Lucie River. The TMDLs for the South Fork St. Lucie River are to achieve 0.081 mg/L TP and 0.72 mg/L TN in this river segment. Based on data in the period from 1996 through 2005, the cumulative load from all sources is 90,471 lbs/year TN and 10,178 lbs/year TP allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are 47.1% reduction of TN and 61.8% reduction of TP; and

(c) The LAs for nonpoint sources are 47.1% reduction of TN and a 61.8% reduction of TP.

(8) Bessey Creek. The TMDLs for Bessey Creek are to achieve 0.081 mg/L TP and 0.72 mg/L TN in the creek segment. Based on data in the period from 2000 through 2005, the cumulative load from all sources is 29,981 lbs/year TN and 3,373 lbs/year TP allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program is 23.9% reduction of TN and 51.2% reduction of TP; and

(c) The LAs for nonpoint sources is 23.9% reduction of TN and 51.2% reduction of TP.

(9) C-44 Canal. The TMDLs for the C-44 Canal are to achieve 0.081 mg/L TP, 0.72 mg/L TN, and 2.0 mg/L BOD in this canal segment. Based on data in the period from 1996 through 2005, the cumulative load from all sources is 242,929 lbs/year TN, 27,330 lbs/year TP and 2.0 mg/L BOD allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLAs for discharges subject to the Department’s NPDES MS4 Permitting Program are 51.2% reduction of TN, 55.0% reduction of TP, and 69.7% reduction of BOD; and

(c) The LAs for nonpoint sources are 51.2% reduction of TN, 55.0% reduction of TP, and 69.7% reduction of BOD.

(10) St. Lucie River (North Fork). The bacteriological TMDL for the St. Lucie River (North Fork) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2007 period, will require a 66% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2007 period, will require a 66% reduction of sources contributing to exceedances of the criteria.

(11) Tenmile Creek. The bacteriological TMDL for the Tenmile Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 and 2007 period, will require a 81% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 and 2007 period, will require a 81% reduction of sources contributing to exceedances of the criteria.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 3-26-09, Amended 5-14-12, 5-9-21.

Fla. Admin. Code R. 62-304.710 Loxahatchee River Basin TMDLs

(1) Southwest Fork Loxahatchee. The bacteriological TMDL for the Southwest Fork Loxahatchee is 43 counts/100mL for fecal coliform, and is allocated as follows:

(2) The WLA for the Loxahatchee Environmental Control District (Permit #FL0034649) is its NPDES permit conditions;

(3) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 91% reduction of sources contributing to exceedances of the criteria; and

(4) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 91% reduction of sources contributing to exceedances of the criteria.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 5-14-12, Amended 5-9-21.

Fla. Admin. Code R. 62-304.715 Lake Worth Lagoon Basin TMDLs

(1) E-1 Canal. The bacteriological TMDL for E-1 Canal is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentration meets the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2008 period, will require a 94% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentration meets the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2008 period, will require a 94% reduction of sources contributing to exceedances of the criteria.

(2) Pine Lake. The nutrient TMDL for Pine Lake is a 3-year average load of 9,749 kg/yr of TN, and 611 kg/yr of TP, which are intended to achieve the applicable AGM chlorophyll a criterion for high color lakes, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 45 % reduction of TN (calculated from 17,592 kg/yr) and a 44 % reduction of TP (calculated from 1,084 kg/yr), based on the highest 3-year average load from the 2006-2014 period; and

(c) The LA for nonpoint sources is a 45 % reduction of TN (calculated from 17,592 kg/yr) and a 44 % reduction of TP (calculated 1,084 kg/yr), based on the highest 3-year average load from the 2006 – 2014 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 5-14-12, Amended 5-9-21, 7-7-22.

Fla. Admin. Code R. 62-304.725 Southeast Coast Basin TMDLs

(1) Wagner Creek. The bacteriological TMDL for Wagner Creek is 400 counts/100 mL, and is allocated as follows:

(a) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1997 to 2006 period, will require an 86% reduction at sources contributing to exceedances of the criteria;

(b) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1997 to 2006 period, will require an 86% reduction at sources contributing to exceedances of the criteria.

(2) C-14 (Cypress Creek Canal). The bacteriological TMDL for C-14 (Cypress Creek Canal) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2010 period, will require a 22% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 to 2010 period, will require a 22% reduction of sources contributing to exceedances of the criteria.

(3) C-13 West (Middle River Canal). The bacteriological TMDL for the C-13 West (Middle River Canal) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 22% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 22% reduction of sources contributing to exceedances of the criteria.

(4) C-13 East (Middle River Canal). The bacteriological TMDL for the C-13 East (Middle River Canal) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 67% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 67% reduction of sources contributing to exceedances of the criteria.

(5) C-12. The bacteriological TMDL for the C-12 is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 52% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 52% reduction of sources contributing to exceedances of the criteria.

(6) New River (North Fork). The bacteriological TMDL for the New River (North Fork) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 94% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 94% reduction of sources contributing to exceedances of the criteria.

(7) New River Canal (South). The bacteriological TMDL for the New River Canal (South) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 69% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 69% reduction of sources contributing to exceedances of the criteria.

(8) North New River. The bacteriological TMDL for the North New River is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 31% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 31% reduction of sources contributing to exceedances of the criteria.

(9) Dania Cut-off Canal. The bacteriological TMDL for the Dania Cutoff Canal is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 78% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 78% reduction of sources contributing to exceedances of the criteria.

(10) South New River Canal (C-11). The bacteriological TMDL for the South New River Canal (C-11) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 31% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 31% reduction of sources contributing to exceedances of the criteria.

(11) C-11 East. The bacteriological TMDL for the C-11 East is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 93% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 93% reduction of sources contributing to exceedances of the criteria.

(12) Las Olas Isles Finger Canal System. The bacteriological TMDL for the Las Olas Isles Finger Canal System is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 58% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 58% reduction of sources contributing to exceedances of the criteria.

(13) C-8 (Biscayne) Canal. The bacteriological TMDL for the C-8 (Biscayne) Canal is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 40% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 40% reduction of sources contributing to exceedances of the criteria.

(14) C-7 (Little River) Canal. The bacteriological TMDL for the C-7 (Little River) Canal is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 74% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 74% reduction of sources contributing to exceedances of the criteria.

(15) C-6 (Miami River). The bacteriological TMDL for the C-6 (Miami River) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 66% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 66% reduction of sources contributing to exceedances of the criteria.

(16) C-6 (Miami River) Lower Segment. The bacteriological TMDL for the C-6 (Miami River) Lower Segment is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 80% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 80% reduction of sources contributing to exceedances of the criteria.

(17) C-6 (Miami) Canal. The bacteriological TMDL for the C-6 (Miami) Canal is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 40% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2003 and 2010 period, will require a 40% reduction of sources contributing to exceedances of the criteria.

History

• Rulemaking Authority 403.061, 403.067 FS. Law implemented 403.061, 403.062, 403.067 FS. History–New 5-1-07, Amended 5-14-12, 5-9-21.

Fla. Admin. Code R. 62-304.726 Pompano Canal TMDL

(1) Pompano Canal. The TMDL for the Pompano Canal is 11,590.98 pounds per year (lbs/yr) of TN and 923.66 pounds per year (lbs/yr) of TP, and is allocated as follows:

(2) There are no permitted NPDES wastewater discharges to the Pompano Canal. As such, the WLA for wastewater discharges is not applicable;

(3) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 15.8% reduction of current anthropogenic TN loading and a 13.6% reduction of current anthropogenic TP loading, based on measured concentrations from the 1999 to 2002 time period; and

(4) The LA for nonpoint sources is a 15.8% reduction of current anthropogenic TN loading and a 13.6% reduction of current anthropogenic TP loading based, on measured concentrations from the 1999 to 2002 time period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-3-08, Amended 5-9-21.

Fla. Admin. Code R. 62-304.735 Everglades Basin TMDLs

(1) West Palm Beach Canal. The bacteriological TMDL for the West Palm Beach Canal is 400 counts/100mL for fecal coliform, and is allocated as follows:

(2) The WLA for wastewater sources is not applicable;

(3) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is not applicable; and

(4) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from 2005, 2006 and 2008, will require a 62% reduction of sources contributing to exceedances of the criteria.

SOUTH FLORIDA TMDLs

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 7-30-13, Amended 5-9-21.

Fla. Admin. Code R. 62-304.800 Caloosahatchee River Basin TMDLs

(1) Nine Mile Canal. The bacteriological TMDL for Nine Mile Canal is 400 counts/100 mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin to result in a 36% reduction of in-stream fecal coliform concentrations, based on the measured concentrations from the 1997 to June 30, 2004 period; and

(c) The LA for nonpoint sources is a 36% reduction of in-stream fecal coliform concentrations, based on the measured concentrations from the 1997 to June 30, 2004 period.

(2) Tidal Calooshatchee Esturay Downstram of S-79. The TMDL for the Tidal Caloosahatchee estuary downstream of the S-79 Franklin Lock is 9,086,094 pounds of TN per year, which represents, based on model simulated flows and concentrations from 2003 through 2005, a 22.8% reduction. This load reduction will be allocated as follows:

(a) The WLA for point sources discharging to the estuary will remain unchanged from the permits currently in effect as of the date of this rule;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program will have a 22.8% load reduction relative to its overall contribution to the anthropogenic load;

(c) The LA for nonpoint sources downstream of the S-77 lock will have a 22.8% load reduction relative to the contribution to the overall anthropogenic load; and

(d) The margin of safety is both implicit and explicit (in the form of an added 3% reduction in TN).

(3) Trout Creek. The bacteriological TMDL for Trout Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable.

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2002 to 2010 period, will require a 58% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2002 to 2010 period, will require a 58% reduction of sources contributing to exceedances of the criteria.

(4) Townsend Canal. The DO TMDL for Townsend Canal is a seven-year average of annual loads of 300,564 pounds per year (lbs/year) TN, 28,749 lbs/year TP, and 673,151 lbs/year BOD, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 37% reduction of TN (calculated from 480,366 lbs/year), 38% reduction of TP (calculated from 46,063 lbs/year), and a 37% reduction of BOD (calculated from 1,077,001 lbs/year), which are based on the highest seven-year average of annual loads from the 1996-2014 period; and

(c) The LA for nonpoint sources is a 37% reduction of TN (calculated from 480,366 lbs/year), a 38% reduction of TP (calculated from 46,063 lbs/year), and a 37% reduction of BOD (calculated from 1,077,001 lbs/year), which are based on the highest seven-year average of annual loads from the 1996-2014 period.

(5) Long Hammock Creek Basin. The DO TMDL for Canal 3, the 42-Foot Canal, and the Hilliard Canal within the Long Hammock Creek Basin is a seven-year average of annual loads of 330,381 lbs/year TN, 25,384 lbs/year TP, and 773,946 lbs/year BOD, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 42% reduction of TN (calculated from 569,554 lbs/year), a 42% reduction of TP (calculated from 43,774 lbs/year), and a 42% reduction of BOD (calculated from 1,334,760 lbs/year), which are based on the highest seven-year average of annual loads from the 1996-2014 period; and

(c) The LA for nonpoint sources is a 42% reduction of TN (calculated from 569,554 lbs/year), a 42% reduction of TP (calculated from 43,774 lbs/year), and a 42% reduction of BOD (calculated from 1,334,760 lbs/year), which are based on the highest seven-year average of annual loads from the 1996-2014 period.

(6) Lake Hicpochee. The DO TMDL for Lake Hicpochee is a seven-year average of annual loads of 4,175,743 lbs/year TN, 227,423 lbs/year TP, and 5,768,701 lbs/year BOD, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 2% reduction of TN (calculated from 4,282,254 lbs/year), a 2% reduction of TP (calculated from 232,916 lbs/year), and a 3% reduction of BOD (calculated from 5,927,159 lbs/year), which are based on the highest seven-year average of annual loads from the 1996-2014 period; and

(c) The LA for nonpoint sources is a 2% reduction of TN (calculated from 4,282,254 lbs/year), a 2% reduction of TP (calculated from 232,916 lbs/year), and a 3% reduction of BOD (calculated from 5,927,159 lb/year), which are based on the highest seven-year average of annual loads from the 1996-2014 period.

(7) C-19 Canal. The DO TMDL for C-19 Canal is a seven-year average of annual loads of 78,114 lbs/year TN, 5,167 lbs/year TP, and 186,354 lbs/year BOD, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 48% reduction of TN (calculated from 150,963 lbs/year), a 48% reduction of TP (calculated from 9,896 lbs/year), and a 48% reduction of BOD (calculated from 361,071 lbs/year), which are based on the highest seven-year average of annual loads from the 1996-2014 period; and

(c) The LA for nonpoint sources is a 48% reduction of TN (calculated from 150,963 lbs/year), a 48% reduction of TP (calculated from 9,896 lbs/year), and a 48% reduction of BOD (calculated from 361,071 lbs/year), which are based on the highest seven-year average of annual loads from the 1996-2014 period.

(8) S-4 Basin. The DO TMDL for the Disston Main Canal, Flaghole Canal, L-1 Canal, Ninemile Canal and Industrial Canal within the S-4 Basin is a seven-year average of annual loads of 430,844 lbs/year TN, 28,622 lbs/year TP, and 664,946 lbs/year BOD, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 23% reduction of TN (calculated from 559,666 lbs/year), a 27% reduction of TP (calculated from 39,269 lbs/year), and a 28% reduction of BOD (calculated from 931,071 lbs/year), which are based on the highest seven-year average of annual loads from the 1996-2014 period; and

(c) The LA for nonpoint sources is a 23% reduction of TN (calculated from 559,666 lbs/year), 27% reduction of TP (calculated from 39,269 lbs/year), and a 28% reduction of BOD (calculated from 931,071 lbs/year), which are based on the highest seven-year average of annual loads from the 1996-2014 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 8-3-06, Amended 8-13-09, 8-26-10, 8-13-19, 5-9-21.

Fla. Admin. Code R. 62-304.805 Charlotte Harbor Basin TMDLs

(1) Coral Creek – East Branch. The TMDLs to address the low DO condition for Coral Creek – East Branch are 0.74 mg/L TN, 0.044 mg/L TP, and 2.0 mg/L five-day BOD, and are allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria, based on the measured concentrations from the January 2007 to December 2007 period, will require a 31% reduction of TN, a 36% reduction of TP, and a 33% reduction of BOD at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the DO criteria which, based on the measured concentrations from the January 2007 to December 2007 period, will require a 31% reduction of TN, a 36% reduction of TP, and a 33% reduction of BOD at sources contributing to exceedances of the criteria.

(2) Gottfried Creek. The bacteriological TMDL for Gottfried Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 to 2008 period, will require a 74% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 to 2008 period, will require a 74% reduction of sources contributing to exceedances of the criteria.

(3) North Prong of Alligator Creek. The bacteriological TMDL for the North Prong of Alligator Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 and 2007 period, will require a 72% reduction of sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 and 2007 period, will require a 72% reduction of sources contributing to exceedances of the criteria.

(4) Sanibel Slough West. The nutrient TMDL for Sanibel Slough West is a three-year average of annual loads of 1,903 kilograms per year (kg/year) TN and 241 kg/year TP, which are intended to achieve an AGM chlorophyll a concentration of 11 µg/L not to be exceed more than once in any consecutive three-year period, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 26% reduction of TN and a 34% reduction of TP from the 2007-2013 period; and

(c) The LA for nonpoint sources is a 26% reduction of TN and a 34% reduction of TP based on average loads from the 2007-2013 period.

(5) Sanibel Slough East. The nutrient TMDL for Sanibel Slough East is a three-year average of annual loads of 1,091 kg/year TN and 123 kg/year TP, which are intended to achieve an AGM chlorophyll a concentration of 21 µg/L not to be exceed more than once in any consecutive three-year period, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 54% reduction of TN and a 74% reduction of TP based on average loads from the 2007-2013 period; and

(c) The LA for nonpoint sources is a 54% reduction of TN and a 74% reduction of TP based on average loads from the 2007-2013 period.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 10-15-09, Amended 8-26-10, 10-18-17, 5-9-21.

Fla. Admin. Code R. 62-304.810 Everglades West Coast Basin TMDLs

(1) Hendry Creek Marine. Hendry Creek Marine. The bacteriological TMDL is 400 counts/100 ml for fecal coliform, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 57.4% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 57.4% reduction at sources contributing to exceedances of the criteria.

(2) Hendry Creek Marine. The TMDLs to address the low DO condition is an annual median TN of 0.6 mg/L in Hendry Creek Marine, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 44% reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period; and

(c) The LA for nonpoint sources is a 44% reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period.

(3) Hendry Creek. Hendry Creek DO TMDL. The TMDL to address the low DO condition is an annual median TN of 0.6 mg/L in Hendry Creek, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 44% reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period; and

(c) The LA for nonpoint sources is a 44% reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period.

(4) Imperial River. The Imperial River DO TMDL. The TMDLs to address the low DO condition is an annual median TN of 0.74 mg/L in the Imperial River, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 24.9% reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period; and

(c) The LA for nonpoint sources is a 24.9% reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period.

(5) The Cocohatchee River. The bacteriological TMDL is 43 counts/100 ml for fecal coliform and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 65% reduction at sources contributing to exceedances of the criteria; and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 65% reduction at sources contributing to exceedances of the criteria.

(6) The Gordon River Extension. The Gordon River Extension DO TMDL. The TMDLs to address the low DO condition is an annual median TN of 0.74 mg/L in the Gordon River Extension, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 29% reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period; and

(c) The LA for nonpoint sources is a 29% reduction of current anthropogenic TN loading based on measured concentrations from the 2000 to 2007 period.

(7) Lake Trafford. The Lake Trafford DO TMDL. The TMDL for Lake Trafford is based on achieving the Class 3 minimum DO criterion of 5.0 mg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 60% reduction of current anthropogenic TN loading, and a 77% reduction of current anthropogenic TP loading based on measured concentrations from the 2000 to 2007 period; and

(c) The LA for nonpoint sources is a 60% reduction of current anthropogenic TN loading, and a 77% reduction of current anthropogenic TP loading based on measured concentrations from the 2000 to 2007 period.

(8) Lake Trafford. The Lake Trafford nutrient TMDL is based on meeting a maximum Trophic State Index (TSI) of 60, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 60% reduction of current anthropogenic TN loading, and a 77% reduction of current anthropogenic TP loading based on measured concentrations from the 2000 to 2007 period; and

(c) The LA for nonpoint sources is a 60% reduction of current anthropogenic TN loading, and a 77% reduction of current anthropogenic TP loading based on measured concentrations from the 2000 to 2007 period.

(9) Lake Trafford. The Lake Trafford un-ionized ammonia TMDL is based on meeting a maximum concentration of 0.02 mg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 60% reduction of current anthropogenic TN loading, based on measured concentrations from the 2000 to 2007 period; and

(c) The LA for nonpoint sources is a 60% reduction of current anthropogenic TN loading, based on measured concentrations from the 2000 to 2007 period.

(10) Naples Bay (Coastal Segment). The copper TMDL for Naples Bay (Coastal Segment) is the applicable copper criterion for Class II marine waters of 3.7 µg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to achieve a 56% reduction of copper (calculated from 8.5 µg/L), based on the highest observed copper concentration from the 2011-2020 period; and

(c) The LA for nonpoint sources is to achieve a 56% reduction of copper (calculated from 8.5 µg/L) based on the highest observed copper concentration from the 2011–2020 period.

(11) Rock Creek. The copper TMDL for Rock Creek is the applicable copper criterion for Class III marine waters of 3.7 µg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to achieve a 47% reduction of copper (calculated from 7.0 µg/L), based on the highest observed copper concentration from the 2011–2020 period; and

(c) The LA for nonpoint sources is to achieve a 47% reduction of copper (calculated from 7.0 µg/L) based on the highest observed copper concentration from the 2011–2020 period.

(12) Haldeman Creek (Lower). The copper TMDL for Haldeman Creek (Lower) is the applicable copper criterion for Class III marine waters of 3.7 µg/L, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is to achieve a 68% reduction of copper (calculated from 23.8 µg/L), based on the highest observed copper concentration from the 2011–2020 period; and

(c) The LA for nonpoint sources is to achieve a 68% reduction of copper (calculated from 23.8 µg/L) based on the highest observed copper concentration from the 2011–2020 period.

STATEWIDE TMDLs

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 10-21-08, Amended 5-9-21, 9-24-24, Reviewed 7-24-26.

Fla. Admin. Code R. 62-304.900 Statewide TMDLs

The statewide mercury (total) TMDL for all fresh and marine waters in Florida is allocated as follows:

(1) The WLA for all industrial and domestic wastewater sources holding NPDES permits in Florida, other than those sources covered under subsection 62-304.900(2), F.A.C., is 23 kg/yr mercury (total). Pursuant to paragraph 62-620.100(3)(m), F.A.C., domestic wastewater facilities with a permitted capacity of greater than one million gallons per day and all industrial discharges, other than once-through cooling waters at industrial wastewater facilities and those sources covered under subsection 62-304.900(2), F.A.C., that demonstrate quantifiable mercury (total) levels in their effluent (using clean techniques, such as EPA Method 1631e) will be required to prepare and implement a mercury minimization plan addressing sources of mercury (total) within their jurisdication;

(2) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program or for other discharges primarily treating stormwater and not expected to add mercury (total) to their discharge, is generally not applicable; however, a permittee or co-permittee may be required to reduce mercury loads if sources of mercury (total) under the direct control of that permittee or co-permittee are found to exist; and

(3) The LA for nonpoint sources is to address anthropogenic sources in the basin is an 86% reduction of mercury (total) from atmospheric sources.

History

• Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-7-13, Amended 5-9-21.

Chapter 62-305 Total Maximum Daily Load Water Quality Restoration Grants

Fla. Admin. Code R. 62-305.100 Scope of the Rule

History

• Rulemaking Authority 201.15(8), 403.890(1)(b) FS. Law Implemented 201.15(8), 403.890(1)(b) FS. History–New 10-29-08, Repealed 1-2-18.

Fla. Admin. Code R. 62-305.200 Definitions

History

• Rulemaking Authority 201.15(8), 403.890(1)(b) FS. Law Implemented 201.15(8), 403.890(1)(b) FS. History–New 10-29-08, Repealed 1-2-18.

Fla. Admin. Code R. 62-305.300 General Program Information

History

• Rulemaking Authority 201.15(8), 403.890(1)(b) FS. Law Implemented 201.15(8), 403.890(1)(b) FS. History–New 10-29-08, Repealed 1-2-18.

Fla. Admin. Code R. 62-305.400 Project Selection Criteria

History

• Rulemaking Authority 201.15(8), 403.890(1)(b) FS. Law Implemented 201.15(8), 403.890(1)(b) FS. History–New 10-29-08, Repealed 1-2-18.

Fla. Admin. Code R. 62-305.900 Forms

History

• Rulemaking Authority 201.15(8), 403.890(1)(b) FS. Law Implemented 201.15(8), 403.890(1)(b) FS. History–New 10-29-08, Repealed 2-23-12.

Chapter 62-306 WATER QUALITY CREDIT TRADING

Fla. Admin. Code R. 62-306.100 Scope and Intent

(1) This chapter establishes the requirements for water quality credit trading between pollutant sources to reduce or eliminate nutrient or nutrient-related impairments pursuant to Section 403.067, F.S.

(2) The generation, registration, and trading of water quality credits provided for in this chapter are intended to provide flexibility among pollutant sources to meet the nutrient reduction requirements of an adopted Basin Management Action Plan (BMAP) or Reasonable Assurance Plan (RAP). Copies of BMAP and RAP documents may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #3510, Tallahassee, FL 32399-2400.

(3) A BMAP provides for the implementation of Total Maximum Daily Loads (TMDL) adopted by the Department in Chapter 62-304, Florida Administrative Code (F.A.C.). A RAP, pursuant to Rule 62-303.600, F.A.C., provides for the restoration of impaired waters.

(4) This chapter does not address aggregation of wasteload allocations by an entity with multiple wastewater facilities, which may be implemented via an aggregate permit that limits the total allocated nutrient TMDL load for the entity.

(5) Nothing in this rule is intended to limit any actions by federal, state, or local agencies, affected persons, or citizens pursuant to other rules or regulations.

History

• Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS. History–New 9-6-10, Amended 1-11-16.

Fla. Admin. Code R. 62-306.200 Definitions

(1) “Baseline” means the annual nutrient load from a pollutant source after performing all required pollution control activities, below which water quality credits may be generated. The baseline will be set forth in the permit, BMAP or RAP. The baseline for a point source is the entity’s annual wasteload allocation under the BMAP or RAP, or a water quality-based effluent limitation established in a permit, whichever is more stringent. The baseline for a non-agricultural nonpoint source is the entity’s individual annual load allocation or the applicable categorical load allocation under the BMAP or RAP. The baseline for an agricultural nonpoint source is the entity’s annual load allocation or applicable categorical load allocation, if specified in the BMAP or RAP, or the nutrient load expected following the entity’s implementation of applicable Department of Agriculture and Consumer Services (DACS) adopted BMPs pursuant to Section 403.067, F.S. For a concentrated animal feeding operation, the baseline is defined by the entity’s comprehensive nutrient management plan, or its allocation under the BMAP or RAP, whichever is more stringent.

(2) “Best management practices (BMPs)” means a practice or combination of practices adopted by rule by DACS, the Department, or the applicable Water Management District as an effective and practicable means for reducing nutrient inputs and improving water quality, taking into account economic and technological considerations.

(3) “Credit” means the amount of an entity’s nutrient load reduction below the baseline that will be available for trading purposes pursuant to the requirements of this chapter. Credits shall be in either the units of pounds per year or kilograms per year.

(4) “Department” means the Florida Department of Environmental Protection.

(5) “Estimated credit” means a credit for nutrient load reductions where treatment methods do not reasonably allow influent and effluent water quality to be measured. All credits that are not measured credits are estimated credits.

(6) “Location Factors” (LFs) means adjustments to credits made by the Department to ensure that trades do not result in localized water quality impacts. Location Factors represent the relative impact a given unit of nitrogen or phosphorus discharged at one location has on the water quality in the impaired waterbody compared to the same amount of nitrogen or phosphorus discharged at another location. LFs are used in trades to provide reasonable assurance that the seller’s credits are functionally equivalent in protecting the water quality of the waterbody or water segment.

(7) “Measured credit” means a credit for nutrient load reductions that can be directly monitored using water quality, including effluent, samples.

(8) “Municipal separate storm sewer system” or “MS4” has the same meaning as in Rule 62-624.200, F.A.C.

(9) “Nonpoint source” means a source of pollutants discharged to surface or ground water, generally in response to rainfall events, that is not a point source.

(10) “Permit” means an authorization issued by the Department pursuant to Chapter 403, F.S., to discharge into surface or ground waters.

(11) “Point source” means a pollutant discharge requiring a National Pollutant Discharge Elimination System permit pursuant to Chapter 62-620, F.A.C.

(12) “Trading Registry” means the water quality credit database created and maintained by the Department to register the generation and trading of water quality credits.

(13) “Technology-Based Effluent Limitation” (TBEL) means a minimum waste treatment requirement adopted by the Department based on treatment technology.

(14) “Uncertainty Factor” (UF) means the ratio of the estimated number of pounds or kilograms of nutrient load reduction by a nonpoint source to the number of pounds or kilograms of credit that will be authorized. The UF reflects the uncertainty associated with estimated credits.

(15) “Wastewater facility” means a facility that accepts and treats domestic wastewater or industrial wastewater as those terms are defined in Rule 62-620.200, F.A.C.

(16) “WQBEL” means a Water Quality-Based Effluent Limitation developed pursuant to Chapter 62-650, F.A.C.

(17) “Water Quality Credit Trading” means the exchange of credits pursuant to the requirements of this chapter between nutrient sources.

(18) “WBID” means a unique waterbody identification unit used by the Department to divide a waterbody into discrete segments for purposes of assessment and restoration under Section 403.067, F.S.

History

• Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS. History–New 9-6-10, Amended 1-11-16.

Fla. Admin. Code R. 62-306.300 General Requirements

(1) Credits may be traded only within the boundaries of a BMAP or RAP, or within the boundaries of BMAPs or RAPs addressing hydrologically-connected waters, that includes detailed allocations to point sources and detailed or categorical allocations to nonpoint sources.

(2) Credits generated by a point source, other than an MS4, must be confirmed by effluent monitoring, which must be undertaken and provided to the Department throughout the life of the trade.

(3) Credits generated by a nonpoint source or an MS4 must be measured where treatment methods allow influent and effluent water quality to be measured or, where direct measurement cannot reasonably be accomplished, they may be estimated for the type of operation. When estimating credits for nonpoint source pollution control activities, the estimate shall be the long-term average expected reduction. If credits are estimated, the Department will use uncertainty factors, as applicable, to adjust the credits available for trading.

(4)(a) An individually permitted wastewater facility that proposes to purchase or sell credits must obtain a new or revised Department permit to authorize the use or sale of such credits. The permit shall reflect the amount by which the permitted nutrient load has been adjusted by the purchase or sale of credits or, if no load was identified in the previous permit, the new or revised permit must reflect the new permitted load, the baseline load, and the basis for the load reduction associated with the trade.

(b) For trades not involving an entity required to obtain an individual wastewater permit, the Department shall authorize the use and sale of credits in a BMAP or RAP, which will reflect the baseline nutrient load and the basis for the nutrient load reduction associated with the credits.

(5) Credits are not available for trading until the Department has authorized the credits in a permit, BMAP or RAP. However, activities completed before the adoption of the applicable BMAP or RAP are eligible to generate credits if the nutrient reductions resulting from the activities are not part of the baseline that is subsequently adopted in the BMAP or RAP. Credits are expressed as annual loading of nitrogen or phosphorus and cannot be rolled over or aggregated from year to year. A credit retains its environmental value only as long as the activity resulting in its creation continues to provide at least the same level of nutrient load reduction below the baseline load authorized by the Department in the BMAP, RAP or permit, and the Department’s authorization for the credit remains in effect. A credit included in an ongoing Department-authorized trade is not available for another trade. The Department will maintain the accounting of credits in its Trading Registry.

(6) A water quality credit trade shall not result in a net increase in the total nutrient load to a nutrient impaired waterbody or localized violations of water quality standards, nor shall it be used to offset violations of a discharge permit or to comply with any applicable TBELs.

History

• Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS. History–New 9-6-10, Amended 1-11-16.

Fla. Admin. Code R. 62-306.400 Credit Eligibility

(1) Activities that are potentially eligible to generate credits include, but are not limited to:

(a) Installation or modification of water pollution control equipment or activities that are not required to meet TBELs, WQBELs, or other pollution control obligations, and reduce nutrient loads below the baseline.

(b) Operational changes or the modification of a process or process equipment that reduce the quantity of water discharged through reuse, recycling, water conservation, or other measures and thereby reduce the load of nutrients discharged. Credits may be generated when a permitted surface water discharge facility closes its operations or ceases discharging to surface waters, but the credits shall only be valid while the permit remains in effect.

(c) Implementation of structural nonpoint source management controls.

(d) Installation, operation and maintenance of new drainage projects designed to treat stormwater.

(e) Implementation by agricultural operations of soil or water treatment technologies or water-quality enhancing production practices or systems that are confirmed in writing by DACS to reduce nutrient loads below the baseline.

(f) Other pollution controls, technologies or management practices with a demonstrated ability to reduce nutrient loads below the baseline established in a BMAP or RAP.

(g) A documented change in land use that goes beyond normal crop rotations or other standard agronomic practices that results in a reduction of nutrient loads below the baseline land use in the TMDL, BMAP or RAP.

(2) Activities that are not eligible to generate credits include:

(a) A reduction in nutrient loading that is required under a regulatory program, including a BMAP or RAP. However, reductions beyond those required under a regulatory program shall be eligible to generate credits.

(b) Implementation of BMPs that are required under a permit or the adopted BMAP or RAP.

(3) For estimated credits, the Department will calculate the number of credits generated using the same method used to calculate nutrient loading during TMDL, BMAP or RAP development. For an agricultural nonpoint source, the entity must undergo an onsite assessment to identify the specific BMPs that are applicable to the agricultural operation from the suite of adopted BMPs for the type of agricultural operation, assisted by DACS; submit to DACS a BMP checklist and a signed Notice of Intent to implement the applicable BMPs; and fully implement the BMPs as required under Section 403.067, F.S., before the Department will authorize credits for reductions beyond those expected from the applicable BMPs.

(4) An entity must fully comply with its baseline nutrient load to be eligible for credits resulting from management actions that reduce the nutrient load below the baseline. For an entity that is not a source of nutrients and is not covered by an individual or categorical load allocation, the entity may generate credits if it demonstrates in accordance with this chapter that it will reduce nutrient loads to the waterbody.

History

• Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS. History–New 9-6-10, Amended 1-11-16.

Fla. Admin. Code R. 62-306.500 Pre-Approval of Credit Generation

(1) To obtain Department pre-approval of the number of credits expected to be generated from a project before executing an agreement on a water quality credit trade, the credit generator must submit information to the Department describing in detail the activities that will generate the credits and the expected nutrient load reduction below the generator’s baseline. The credit generator must submit the information to the Department on a signed Form 62-306(1), “Pre-Approval of Water Quality Credits Generated Form” effective December 2015 (https://www.flrules.org/Gateway/reference.asp?No=Ref-06313), which is adopted and incorporated by reference herein. Copies of the form may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road (MS #3510), Tallahassee, Florida 32399.

(2) The Department will notify the credit generator within thirty days of receipt of the signed form if the credit generator has not provided the information needed to determine how many credits are expected to be generated. After the credit generator provides all of the required information, the Department will timely notify the credit generator of the maximum number of credits that could potentially be authorized for the project. The Department will determine the number of credits expected to be generated from the activities in accordance with this chapter. The number of credits generated and approved may be modified by the Department if the project specifications are altered between the date of pre-approval issuance and the actual generation of credits. The number of credits needed for a given trade will be dependent on the specific circumstances of the trade, including the location of the buyer of the credits.

History

• Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS. History–New 9-6-10, Amended 1-11-16.

Fla. Admin. Code R. 62-306.600 Use of Credits and Credit Adjustments

(1) A credit buyer must submit to the Department information on the term of the trade, the number of credits traded, documentation to calculate the credits generated for the trade, the date when the credits will be generated, the timeframe the credits will be applied under the trade, the unit price for each purchased credit, and the amount of any state funding used to generate the credits traded. The credit buyer must submit the trade information to the Department on Form 62-306(2), “Water Quality Credit Trading Affidavit” effective December 2015 (https://www.flrules.org/Gateway/reference.asp?No=Ref-06315), which is adopted and incorporated by reference herein. Copies of the form, which must be signed by the credit seller and credit buyer, may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road (MS #3510), Tallahassee, FL 32399.

(2) The Department will determine whether the seller has credits available in accordance with this chapter.

(3) The Department will notify the buyer within thirty days of receipt of the signed Form 62-306(2) if the buyer has not provided the information required to determine the number of credits available for the trade. After the buyer provides all of the required information, the Department will determine in accordance with this chapter whether the seller has a sufficient number of credits available for the trade.

(4) A water quality credit trade will become effective once the trade is authorized in the BMAP, RAP, or individual wastewater permit.

(5) If the buyer subsequently proposes to change the source of credits, the buyer must submit a new Water Quality Credit Trading Affidavit and obtain the Department’s written authorization that the proposed seller has sufficient credits available.

(6) Credit sellers shall maintain records demonstrating that the control devices and systems, technologies, BMPs, land use changes, or other management actions upon which credits are based continue to be fully implemented and properly operated and maintained throughout the period of the trade. The records shall be retained for five years after conclusion of the period covered by the trade. Each seller shall allow the Department, or an agent of the Department, to inspect the records and the control devices and systems, technologies, BMPs, land use changes, or other management actions during regular business hours.

(7) Use of Location Factors to Adjust Credits.

(a) For trades where the seller and buyer discharge to different WBIDs, the amount of credits proposed to be traded shall be adjusted by the applicable LF to provide reasonable assurance that the proposed trade does not result in localized adverse impacts to the waterbody or water segment.

(b) The number of credits needed for a proposed trade shall be calculated as follows: Number of Credits Needed = (Number of Pounds or Kilograms Needed) x (LF for Buyer’s WBID/LF for Seller’s WBID).

(c) This formula may not be used to reduce the number of credits needed below the number of pounds or kilograms needed.

(8) Use of Uncertainty Factors to Adjust Credits.

(a) For proposed trades involving estimated credits, the Department shall use default UF ratios of 2:1 for urban stormwater (if 2 pounds or kilograms of removal are estimated, 1 pound of credit will be created) and 3:1 for agricultural runoff, unless the Department established the nutrient reduction capability of the activity in the applicable BMAP or RAP, excluding any nutrient reduction capabilities identified as provisional in the BMAP or RAP. However, a buyer or seller may propose and document the basis for a lower UF ratio to the Department if justified by site-specific considerations.

(b) Site-specific UF will be based on the Department’s best professional judgment, taking into account the scientific support for the estimate, the level of confidence that the BMP will be properly designed, installed, maintained, the potential for failure of the BMP, and the level of uncertainty that the estimated load reduction will be achieved.

History

• Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS. History–New 9-6-10, Amended 1-11-16.

Fla. Admin. Code R. 62-306.700 Water Quality Credit Availability and Trade Tracking

(1) The Department shall track all credit generation pre-approvals and all credits traded, and shall post the information on its website.

(2) Information tracked related to credits and trades will include, at a minimum:

(a) The names and street addresses of all parties, locations of discharges, receiving water (WBID), and the nutrient involved;

(b) The generator’s baseline and the amount of credits generated;

(c) A description of the actions that generated credits and whether the credits are measured or estimated;

(d) The date when credits will initially be generated and applied under the trade, and the effective period of the credits;

(e) The amount of credits traded and any adjustments for location or uncertainty;

(f) The unit price of the credits, including the amount of any state funding used to generate the credits; and,

(g) The date of the most recent inspection by DACS or the Department to verify implementation of activities generating estimated credits.

History

• Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS. History–New 9-6-10, Amended 1-11-16.

Fla. Admin. Code R. 62-306.800 Compliance with Trade Provisions

(1) The seller shall certify and document to the Department annually during the life of the trade that the control devices and systems, technologies, BMPs, land use changes, or other actions on which the credits are based, continue to be fully implemented and properly operated and maintained throughout the life of the trade, and for measured credits, that nutrient load reductions below the baseline continue to be achieved at the authorized level.

(2) If the credits traded are measured credits, the seller shall report to the Department the quantity of the Total Nitrogen or Total Phosphorus discharged on a monthly basis to demonstrate fulfillment of the nutrient load reduction resulting in credits. If applicable, a permittee may use the precoded Discharge Monitoring Report form provided by the permitting office to the permit holder at the time of permit issuance to report the amount of Total Nitrogen or Total Phosphorus discharged.

(3) If the credits traded are estimated credits, the seller shall report to the Department quarterly providing the following information:

(a) The name and location of the activity generating the credits;

(b) The pollutants controlled;

(c) The BMPs implemented or, in the case of concentrated animal feeding operations, the activities conducted under a comprehensive nutrient management plan;

(d) The control devices installed and date completed, and information on their proper operation and maintenance;

(e) The linear feet or acres for which BMPs or other management measures or controls have been completed; and,

(f) A calculation of the quantity of each pollutant controlled using the same methods and procedures used to determine the load reductions and credits.

(4) Liability:

(a) A seller of water quality credits is responsible for achieving the load reductions on which the credits are based and complying with the terms of its permit, or the BMAP or RAP, and any trading agreements into which it has entered.

(b) A buyers of water quality credits is responsible for complying with all terms of the trade and the BMAP, RAP or permit. In the event the Department determines the purchased credits are invalid because the seller fails to achieve the load reductions on which the credits are based, but the buyer otherwise meets applicable regulatory requirements, the invalidation of credits shall not be a violation by the buyer. In such cases, the Department shall allow the buyer, within a reasonable amount of time, to obtain credits from another source, increase treatment, or otherwise reduce the discharged load to meet its allocation, and the Department will reflect this fact in the BMAP, RAP, permit, or Administrative Order, as appropriate. Failure to meet its allocation within a reasonable time after the invalidation of credits shall subject the buyer to enforcement in accordance with the provisions of Sections 403.061 and 403.121, F.S.

History

• Rulemaking Authority 403.067(9) FS. Law Implemented 403.067(8)-(10) FS. History–New 9-6-10, Amended 1-11-16.

Chapter 62-307 BEST MANAGEMENT PRACTICES WATER QUALITY MONITORING

Fla. Admin. Code R. 62-307.100 Definitions

As used in this chapter:

(1) “Department” means the Department of Environmental Protection.

(2) “Nonpoint source discharger” means either a) the person responsible for the nonpoint source discharge, or b) the owner of the property from which the nonpoint source discharge originates.

(3) “BMAP” means an adopted basin management action plan (BMAP) that implements a total maximum daily load (TMDL).

(4) “Person” has the same meaning as provided in section 403.031, F.S.

(5) “Sampling and analysis plan” means the monitoring plan required by this chapter.

History

• Rulemaking Authority 403.067 FS. Law Implemented 403.067 FS. History–New 7-1-18.

Fla. Admin. Code R. 62-307.200 Water Quality Monitoring In Lieu of Implementing BMPs

(1) A nonpoint source discharger, whose discharge is located within a BMAP, must either submit a notice of intent to implement appropriate BMPs adopted in accordance with section 403.067(7)(c), F.S., or conduct water quality monitoring to demonstrate compliance with the water quality criteria for the parameters addressed by the BMAP.

(2) Within 180 days of the initial adoption of a BMAP or the effective date of this rule, whichever is later, a nonpoint source discharger choosing to conduct water quality monitoring in lieu of implementing BMPs pursuant to subsection (1), shall submit for Department approval a water quality sampling and analysis plan that meets all the requirements of this rule and chapter 62-160, F.A.C.

(3) A sampling and analysis plan shall include the following components:

(a) A description of the physical and hydrogeological characteristics of the property and the surrounding area, including, as applicable:

1. The direction and rate of surface water and groundwater flow;

2. Vertical permeability, thickness, competence, and extent of any confining beds;

3. Topography, soil information, and surface water drainage systems surrounding the site;

4. Identification and location of wells, surface water discharge points, and surface water intakes within 500 feet of the property and within the property boundary; and

5. The locations of all surface waters and their classifications including springs within one quarter mile of the property, and onsite sinkholes with depths exceeding the seasonal high water table or that are perched;

(b) Proposed methodology used to determine compliance with water quality criteria and any deviations in the quality of the receiving water in downgradient monitoring locations;

(c) Proposed locations of monitoring used to determine compliance;

(d) Proposed water quality indicators (chemical, physical, and biological);

(e) Proposed sampling methods and frequency;

(f) Proposed data management and assessment; and

(g) Proposed reporting schedule and deliverables.

(4) Amendments or changes to sampling and analysis plans must be approved by the Department.

(5) Sampling and analysis plans must be amended or changed if any of the following occurs:

(a) New analytical methods, sampling or other field procedures, or instruments or equipment that affect data quality become available;

(b) The sampling or analysis contractor is changed;

(c) The scope of work is substantially altered; or

(d) Other changes are made that affect the data quality objectives of the sampling and analysis plan.

(6) Approved sampling and analysis plans expire after 5 years. At least 180 days before expiration of an approved sampling and analysis plan, the nonpoint source discharger shall resubmit for Department approval a water quality sampling and analysis plan that meets all the requirements of this rule and chapter 62-160, F.A.C.

History

• Rulemaking Authority 403.067 FS. Law Implemented 403.067 FS. History–New 7-1-18.

Fla. Admin. Code R. 62-307.300 Implementation Procedures

(1) As provided in an approved sampling and analysis plan, a nonpoint source discharger must ensure that water samples are taken at the frequency at all locations set forth in the approved sampling and analysis plan.

(2) The collected water samples must be tested in accordance with the approved sampling and analysis plan.

(3) Sample collection and analytical test methods on the collected samples shall be conducted in accordance with chapter 62-160, F.A.C.

(4) Monitoring records must be retained onsite for at least 5 years and be made available for inspection upon request.

(5) The nonpoint source discharger shall submit an annual report to the Department consistent with an approved sampling and analysis plan. The annual report must include all the laboratory analytical test results on the water samples taken.

(6) The Department shall verify implementation of nonagricultural nonpoint source BMPs required by section 403.067(7), F.S., by inspection or other appropriate compliance mechanisms.

(7) The Department shall have all remedies available to it under Florida law, including those in Sections 403.121, 403.141, and 403.161, F.S., to enforce compliance with this rule chapter or section 403.067(7)(c), F.S.

History

• Rulemaking Authority 403.067 FS. Law Implemented 403.067 FS. History–New 7-1-18.

Chapter 62-308 MINIMUM STANDARDS FOR THE INSTALLATION OF SYNTHETIC TURF ON SPECIFIED PROPERTIES

Fla. Admin. Code R. 62-308.100 Synthetic Turf

(1) Scope.

(a) “Synthetic turf” is defined by s. 125.572(1), F.S.

(b) Pursuant to s. 125.572, F.S., this rule establishes minimum standards for the installation of synthetic turf on single-family residential properties of 1 acre or less in size. Pursuant to s. 125.572(3), F.S., local governments may not regulate synthetic turf in a manner inconsistent with these minimum standards. This rule does not establish nor require any new department-issued permit or authorization for the installation of synthetic turf,

(c) These standards do not modify the property rights of any entity, including any fee simple interests or any less-than-fee interests, such as easements or rights of way.

(2) Material type.

(a) Synthetic turf, including backing material and infill, must not contain heavy metals or intentionally added per- and polyfluoroalkyl substances.

(b) Synthetic turf, including backing materials and infill, must be disposable under normal conditions at any Chapter 62-701, F.A.C., Florida permitted landfill.

(c) Infill material, if used, shall only be clean silica sand, rock, shell, or other natural material, except that coated silica sand may be used provided that any coating used is non-toxic and meets the requirements described in paragraphs (2)(a) and (2)(b). Rubber or any other synthetic infill material is allowed only within the footprint of playground equipment and must also meet the requirements described in paragraphs (2)(a) and (2)(b). Installation shall be designed to prevent washing away of any infill material off the residential property.

(d) Subgrade shall be composed of natural materials, such as crushed rock, or crushed concrete that meets the permeability requirements of this rule. Subgrade materials shall be washed prior to installation to prevent fines from binding.

(3) Color. Green synthetic turf shall be allowed.

(4) Permeability.

(a) Synthetic turf must be permeable and affixed to permeable backing with a pervious subgrade. A local government may establish a quantifiable standard of a maximum of 10 inches per hour for all layers.

(b) Synthetic turf must be installed over a subgrade prepared for positive drainage and evenly graded porous material.

(c) Soil beneath installed subgrade shall not be compacted to the extent that it adversely impacts percolation through the soil.

(5) Stormwater management.

(a) Installation of synthetic turf must be designed and installed to prevent pooling or an increase in the stormwater runoff volume, direction, or rates to adjacent properties and, where possible, runoff shall be directed to on-site pervious areas.

(b) Installation of synthetic turf must not alter the permitted stormwater management system as designed and shall not be installed within a swale, ditch, stormwater pond, or a stormwater pond’s littoral zone.

(6) Potable water conservation.

(a) In-ground irrigation systems cannot be used to irrigate synthetic turf areas.

(b) If any in-ground system is already installed, a local government may require that irrigation heads be removed and pipe capped.

(7) Water quality.

(a) Synthetic turf shall not cause or contribute to violations of state water quality standards.

(b) Buffer zones around natural or man-made waterbodies may be established to protect against erosion and reduce pollution provided that such buffer for synthetic turf is no greater or restrictive than what is applicable to natural turf. Where no buffer zone has been established, synthetic turf shall be installed no closer than 10 feet from a natural or man-made waterbody as measured from the applicable ordinary or mean high water line except where there is a physical barrier between the synthetic turf and the waterbody (such as, but not limited to, a seawall or bulkhead).

(8) Proximity to trees and other vegetation.

(a) Installation of synthetic turf cannot compromise the health of nearby trees, including damage to tree roots, other than those identified as a noxious weed as defined in Chapter 581, F.S.

(b) Synthetic turf shall not be installed inside tree drip lines, whether on the property or adjacent properties, unless the tree is a noxious weed as defined by Chapter 581, F.S., or unless a certified arborist, using site specific information and best professional judgment, certifies that installation within that drip line would not be harmful to the tree.

(9) Other factors impacting environmental conditions of adjacent properties.

(a) Synthetic turf shall be installed according to manufacturer’s specifications.

(b) Synthetic turf shall be anchored at all edges and seams that, at a minimum, will withstand the effects of wind or flooding.

(c) If installed, synthetic turf must provide for access to the septic tank for routine pumpout.

(d) If installed, synthetic turf shall be installed landward of any dune system and shall not be used to replace any existing dune vegetation.

History

• Rulemaking Authority 125.572 FS. Law Implemented 125.572 FS. History–New 5-19-26.

Chapter 62-312 DREDGE AND FILL ACTIVITIES

Fla. Admin. Code R. 62-312.010 Scope of Part I

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061, 403.813, 403.814 FS. History–New 12-10-84, Amended 8-7-85, Formerly 17-12.010, 17-312.010, Amended 10-3-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.020 Definitions

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.031, 403.061, 403.803, 403.911, 403.912 FS. History–New 12-10-84, Amended 8-30-88, 3-26-89, Formerly 17-12.020, Amended 11-16-92, Formerly 17-312.020, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.030 Jurisdiction

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.031, 403.061, 403.813, 403.817, 373.414 FS. History–New 12-10-84, Amended 3-26-89, Formerly 17-12.030, Amended 12-7-93, Formerly 17-312.030, Amended 8-7-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.040 Jurisdictional Declaratory Statements

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.817, 403.912, 403.913, 403.914 FS. History –New 10-16-84, Amended 3-26-89, Formerly 17-12.040, Amended 3-12-90, 9-8-92, Formerly 17-312.040, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.045 Jurisdictional Intent

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.031, 403.061, 403.062, 403.087, 403.912 FS., Section 9, Chapter 84-79, Laws of Florida. History–New 12-10-84, Amended 3-26-89, Formerly 17-12.045, 17-312.045, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.050 Exemptions

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.031, 403.061, 403.161, 403.812, 403.813, 403.912, 403.913, 403.918 FS. History–New 12-10-84, Amended 11-11-85, 8-30-88, 3-26-89, Formerly 17-12.050, Amended 3-12-90, 7-11-90, 4-12-92, Formerly 17-312.050, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.060 Procedures to Obtain a Permit

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.813, 403.912, 403.913, 403.919, 403.921, 403.922, 403.923, 403.927 FS. History–New 10-16-84, Amended 8-28-85, 1-3-89, 3-26-89, Formerly 17-12.060, 17-312.060, Amended 8-16-98, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.065 Additional Requirements and Procedures for Concurrent Review of Related Applications

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 120.60, 161.041, 161.055, 253.03, 253.77, 258.42, 258.43, 373.414(11)-(16), 373.4145, 373.427, 373.4275, 403.061 FS. History–New 10-12-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.070 Short Form Applications for Certain Dredging or Filling

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.813, 403.911, 403.912 FS. History–New 10-16-84, Amended 3-26-89, Formerly 17-12.090, Amended 3-12-90, 4-12-92, Formerly 17-312.070, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.080 Standards for Issuance or Denial of a Permit

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.042, 373.403, 373.413, 373.414(11)-(16), 373.4145, 373.416, 373.426, 403.031, 403.061, 403.815, 403.912, 403.913, 403.918, 403.919 FS. History–New 12-10-84, Amended 10-15-86, 3-26-89, Formerly 17-12.070, Amended 10-13-92, Formerly 17-312.080, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.082 Duration of Permits

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.816, 403.912, 403.921 FS. History–New 10-16-84, Formerly 17-12.072, Amended 3-26-89, 12-17-90, Formerly 17-312.082, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.085 Periodic Review of Permits

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.912, 403.921 FS. History–New 10-16-84, Amended 3-26-89, Formerly 17-12.075, 17-312.085, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.090 Emergency Classification and Procedures

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.912 FS. History–New 10-16-84, Amended 3-26-89, Formerly 17-12.080, 17-312.090, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.100 Modification of Permits

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.912, 403.919, 403.921, 403.922, 403.923, 403.924, 403.925, 403.927, 403.929 FS. History–New 10-16-84, Amended 3-26-89, Formerly 17-12.100, 17-312.100, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.200 Scope of Part II

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History–New 12-10-84, Amended 3-26-89, Formerly 17-12.200, 17-312.200, Amended 10-3-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.210 Procedures to Obtain a Long-Term Permit

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414, 373.4145, 403.815 FS. History–New 10-16-84, Amended 3-26-89, Formerly 17-12.210, 17-312.210, Amended 8-16-98, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.220 Standards for Issuance or Denial of a Long-Term Permit

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.031, 403.061, 403.912, 403.913, 403.918, 403.919 FS. History–New 12-10-84, Amended 3-26-89, Formerly 17-12.220, 17-312.220, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.300 Intent

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History–New 1-3-89, Formerly 17-12.300, 17-312.300, Amended 10-3-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.310 Definitions

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.912, 403.913, 403.918 FS. History–New 1-3-89, Formerly 17-12.310, 17-312.310, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.320 Incorporation of Mitigation into the Permit Application Process

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.912, 403.913, 403.918, 403.919, 403.921 FS. History–New 1-3-89, Formerly 17-12.320, 17-312.320, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.330 Mitigation Proposals

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.912, 403.913, 403.918 FS. History–New 1-3-89, Formerly 17-12.330, 17-312.330, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.340 Evaluation of Mitigation Proposals

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.912, 403.913, 403.918, 403.919, 403.921 FS. History–New 1-3-89, Formerly 17-12.340, 17-312.340, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.350 Determination of Success for Mitigation Projects

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.912, 403.913, 403.918 FS. History–New 1-3-89, Formerly 17-12.350, 17-312.350, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.360 Pre-Construction Mitigation

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.912, 403.913, 403.918 FS. History–New 1-3-89, Formerly 17-12.360, 17-312.360, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.370 Restrictions on Property Use

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.912, 403.913, 403.918, 403.919, 403.921 FS. History–New 1-3-89, Formerly 17-12.370, 17-312.370, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.380 Release from Responsibility

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.912, 403.913, 403.918, 403.921 FS. History–New 1-3-89, Formerly 17-12.380, 17-312.380, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.390 Financial Responsibility

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.912, 403.913, 403.918, 403.921 FS. History–New 1-3-89, Formerly 17-12.390, 17-312.390, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.400 Intent

(1) Part IV pertains to Outstanding Florida Waters, exclusive of all artificial water bodies, within Monroe County, as identified in Rule 62-302.700, F.A.C., and is in addition to all other applicable Departmental rules relating to environmental resource permit or grandfathered dredge and fill permit applications under Part IV of Chapter 373, F.S. Artificial water bodies shall be defined as any water body created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in subsection 62-312.020(3), F.A.C., and borrow pits or waters resulting from rock mining activities.

(2)(a) The Environmental Regulation Commission finds that the waters of the Florida Keys and other Outstanding Florida Waters in Monroe County are an irreplaceable asset which require special protection.

(b) Further, the Florida Legislature in adopting Section 380.0552, F.S., recognized the value of the Florida Keys to the State as a whole by designating the Keys an Area of Critical State Concern. This rule implements Section 403.061(34), F.S., and is intended to provide the most stringent protection for the applicable waters allowable by law.

(3) Pursuant to Section 380.0552(7), F.S. (1986 Supp.), the specific criteria set forth in this section are intended to be consistent with the Principles for Guiding Development as set forth in Chapter 28-29, F.A.C. (August 23, 1984), and with the principles set forth in that statute. However, the criteria in this rule does not apply to all waters within the Florida Keys. These criteria do not apply to artificial waterbodies within the Florida Keys, as described in subsection 62-312.400(1), F.A.C. In addition, the four foot water depth restriction for piers which do not provide commercial marine supplies or services and which are designed to moor between three and nine boats are not applicable within the Outstanding Florida Waters that are within the boundaries of the City of Key West or within Everglades National Park or areas north of the Park within Monroe County. Docking facilities in those areas shall instead be subject to the three foot depth restrictions specified in paragraph 62-312.420(2)(a), F.A.C. However, all other provisions of this part are applicable in those areas.

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History–New 6-8-88, Amended 3-26-89, Formerly 17-12.400, 17-312.400, Amended 10-3-95.

Fla. Admin. Code R. 62-312.410 General Criteria

(1) Subject to the provisions of the mitigation section of this part (Rule 62-312.450, F.A.C.), no environmental resource permit or grandfathered dredge and fill permit under Part IV of Chapter 373, F.S., shall be issued for any activity in Outstanding Florida Waters in Monroe County if such activity:

(a) Alone or in combination with other activities damages the viability of a living stony coral community (Scleraoctinia and Milleporina), soft coral community (Alcynoacea, Gorgonacea and Pennatulacea), macro marine algae community (Chlorophyta, Phaeophyta and Rhodophyta), sponge bed community (Porifera), or marine seagrass (Hydrocharitaceae and Cymodoceae) bed community. This prohibition shall not include algae unattached to the bottom, nor shall it include algae growing landward of the mean high water line or growing as an epiphyte or periphyte on woody plants. For the purposes of this Part a marine seagrass bed or marine macroalgae community means an area dominated by the listed biota having an areal extent of at least 100 square feet. This paragraph does not imply that the Department cannot restrict the impact on smaller areas for such species based on other Department rules;

(b) Has been initiated or completed without benefit of an environmental resource permit or dredge and fill permit required by the Department.

(2) Subject to the provisions of the mitigation section of this part (Rule 62-312.450, F.A.C.), no permit shall be issued for the placement of fill in Outstanding Florida Waters in Monroe County unless expressly authorized by this rule or unless the Department determines that under applicable rules a permit may be issued in the following situations:

(a) Filling for projects which have been proposed by a governmental entity, public authority or public or private utility, or

(b) Filling for any other projects located within the landward extent of wetlands identified solely by vegetative dominance as described in paragraph 62-340.300(2)(b), F.A.C. Such areas do not include open waters or wetlands identified by vegetative dominance as described in paragraph 62-340.300(2)(a), F.A.C., or by the provisions of paragraph 62-340.300(2)(c) or (d), F.A.C.

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History–New 6-8-88, Amended 2-21-89, 3-26-89, Formerly 17-12.410, 17-312.410, Amended 10-3-95.

Fla. Admin. Code R. 62-312.420 Permitting Requirements for Piers

(1) No permit shall be issued for a pier which requires the dredging of an access channel or mooring basin unless such dredging is exempt from Department permitting requirements.

(2) Any pier used for the dockage of water crafts not exempt from permitting requirements pursuant to Section 403.813(1)(b), F.S., shall be evaluated on the following criteria:

(a) For piers designed to moor three or more boats, water depths at the specific mooring site shall not be less than four feet mean low water. However, within those areas specified in subsection 62-312.400(3), F.A.C., where the specified additional conditions of this part are not applicable, water depths at any specific mooring site shall not be less than three feet, except at marinas. Such water depths at marinas shall be at least four feet, as described in this Part.

(b) For piers designed to moor one or two boats, water depths at the specific mooring site shall not be less than 3 feet mean low water.

(c) The applicant shall affirmatively demonstrate to the Department that adequate depths exist for ingress and egress of boats to the mooring site, and in no case shall the depth of the access area be less than the minimum depths necessary to avoid damage to a seagrass bed community or other biological communities listed in paragraph 62-312.410(1)(a), F.A.C.

(d) The applicant shall affirmatively demonstrate that proposed construction techniques shall protect the viability of a seagrass bed community or other biological communities as listed in paragraph 62-312.410(1)(a), F.A.C.

(e) Boat mooring sites shall not be located over a seagrass bed community at depths less than five feet mean low water or a coral reef regardless of water depth.

(f) All portions of the pier facility other than the specific mooring sites shall be designed in a manner which will prevent the mooring of watercraft other than at the specific mooring sites. The “specific mooring site” shall be defined as the dockage and associated loading areas including only those portions of finger piers not used solely to provide access.

(g) Sewage pump out facilities shall be provided at any site which provides dockage for ten or more vessels or at which a liveaboard vessel is proposed to be docked. Rule 64E-6.010, F.A.C. (1991), provide certain requirements for the servicing and maintenance of portable or temporary toilets and holding tank systems and the disposal of domestic septage from such systems.

(3) Any pier or other overwater structure, except vehicular bridges, not used for the dockage of water craft shall be evaluated on the following criteria:

(a) The applicant shall affirmatively demonstrate that proposed construction techniques shall protect the viability of a seagrass bed community or other biological communities listed in paragraph 62-312.410(1)(a), F.A.C.

(b) Piers or other overwater structures shall be constructed at an appropriate elevation to prevent the dockage of water craft.

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History–New 6-8-88, Formerly 17-12.420, 17-312.420, Amended 10-3-95.

Fla. Admin. Code R. 62-312.430 Permitting Requirements for Marinas

Marinas shall be evaluated on the following criteria. For the purpose of this Part a marina shall be defined as a dockage facility providing ten or more wet storage slips or providing commercial marine products or services.

(1) Fueling facilities shall have automatic shutoff valves.

(2) Fuel storage or pumping facilities shall not be located on over-water structures.

(3) Spill containment equipment shall be located on site sufficient to prevent the discharge of pollutants into state waters beyond the marina boundary. Personnel trained in the use of the containment equipment shall be in attendance during all operating hours. At any time such personnel are not in attendance, fuel facilities shall be adequately secured to prevent use.

(4) Sewage pumpout facilities shall be provided.

(5) Water depths at the specific mooring sites shall not be less than four feet mean low water.

(6) The applicant shall affirmatively demonstrate to the Department that adequate depths exist for ingress and egress of boats to the mooring sites and in no case shall the depths of the access area be less than the minimum depth specified in subsection (5).

(7) Proposed construction techniques shall protect the viability of a seagrass bed community or other biological communities as listed in paragraph 62-312.410(1)(a), F.A.C.

(8) Boat mooring sites shall not be located over a seagrass bed community or coral reef regardless of water depth.

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History–New 6-8-88, Formerly 17-12.430, 17-312.430, Amended 10-3-95.

Fla. Admin. Code R. 62-312.440 Permitting Requirements for Shoreline Stabilization

(1) Permit applications for shoreline stabilization shall be evaluated on the following criteria:

(a) Except as provided in paragraphs 403.813(1)(e) and 373.414(5)(b), F.S., and Chapter 62-330, F.A.C., vertical seawalls as defined by Chapter 62-330, F.A.C., shall not be permitted within the waters regulated by this Part.

(b) Native aquatic vegetation shall be used for shore line stabilization, except at sites where an applicant can affirmatively demonstrate that the use of vegetation, including the existing undisturbed vegetation onsite, will not prevent erosion. The Department may allow the use of rip rap and other sloping revetments provided that:

1. No dredging and/or filling will be authorized other than that necessary for safe and efficient installation of the revetment,

2. Filter cloth underliners shall be used for all revetments,

3. The slope of the revetment shall be no steeper than 2 Horizontal:1 Vertical,

4. No revetment shall be placed over or within a sea grass bed community; and,

5. Only rocks two feet in diameter or larger shall be used as the outer layer of a rip rap revetment.

(2) Beach renourishment and restoration projects subject to Chapter 161, F.S., are not subject to the provisions of this section.

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History–New 6-8-88, Amended 3-26-89, Formerly 17-12.440, 17-312.440, Amended 10-3-95.

Fla. Admin. Code R. 62-312.450 Mitigation

Notwithstanding any of the prohibitions contained in this rule, the Department shall consider mitigation pursuant to Section 373.414(1)(b), F.S., and applicable Department rules to determine whether the project may otherwise be permittable. In any application for mitigation, the applicant shall demonstrate before issuance of any permit for the construction of the intended project that the proposed mitigation will be effective. Mitigation shall not be permitted where it appears after due considerations that construction of the intended project will cause irreplaceable damage to the site.

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History–New 6-8-88, Formerly 17-12.450, 17-312.450, Amended 10-3-95.

Fla. Admin. Code R. 62-312.460 Special Consideration

Notwithstanding any of the prohibitions contained in this Part, the Department may issue permits for dredging and filling required for the maintenance, construction, or reconstruction of the Overseas Highway (U.S. 1) where the applicant has demonstrated that the proposed project is necessary for the protection of the public health, safety, or welfare and complies with all other Department rules.

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History–New 6-8-88, Formerly 17-12.460, 17-312.460, Amended 10-3-95.

Fla. Admin. Code R. 62-312.800 Scope of Part V

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061, 403.813, 403.814 FS. History–New 3-26-89, Formerly 17-12.800, 17-312.800, Amended 10-3-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.801 General Permit to U.S. Forest Service for Minor Works Within National Forests in Florida

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 253.123, 253.124, 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.817 FS. History–New 7-8-82, Formerly 17-4.55, 17-4.550, Amended 3-26-89, Formerly 17-12.801, 17-312.801, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.803 General Permit for Installation or Maintenance of Boat Ramps

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 253.123, 253.124, 373.414(11)-(16), 474.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.817 FS. History–New 7-8-82, Formerly 17-4.57, 17-4.570, Amended 3-26-89, Formerly 17-12.803, 17-312.803, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.804 General Permit for Riprap

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 253.123, 253.124, 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.817 FS. History–New 7-8-82, Formerly 17-4.58, 17-4.580, Amended 3-26-89, Formerly 17-12.804, 17-312.804, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.805 General Permit for Headwalls and Culverts Associated with a Stormwater Discharge Facility

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 253.123, 253.124, 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.817 FS. History–New 7-8-82, Formerly 17-4.59, 17-4.590, 17-12.805, 17-312.805, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.806 General Permit to the Florida Department of Transportation for Minor Works Within FDOT Rights-of-Way or Easements

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.817, 403.912, 403.913, 403.918-.921, 403.931 FS. History–New 4-26-84, Formerly 17-4.66, 17-4.660, Amended 1-1-89, 3-26-89, Formerly 17-12.806, Amended 7-11-90, 1-29-91, Formerly 17-312.806, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.807 General Permit for the Construction of Artificial Reefs

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 253.123, 253.124, 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.817 FS. History–New 4-26-84, Formerly 17-4.68, 17-4.680, 17-12.807, 17-312.807, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.808 General Permit for Certain Piers and Associated Structures

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 253.123, 253.124, 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.817 FS. History–New 4-26-84, Formerly 17-4.69, 17-4.690, Amended 3-26-89, Formerly 17-12.808, 17-312.808, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.809 General Permit to the Florida Department of Transportation for Minor Bridge Construction

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.817, 403.912, 403.913, 403.918, 403.931 FS. History–New 7-11-90, Amended 1-29-91, Formerly 17-312.809, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.810 General Permit to Perform Prospecting Activities for Phosphate Minerals

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History–New 9-3-86, Formerly 17-4.750, 17-12.810, 17-312.810, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.811 General Permit for Temporary Dragline Crossings of Waterways

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History–New 9-3-86, Formerly 17-4.760, 17-12.811, 17-312.811, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.812 General Permit for Low Water Crossings

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History–New 9-3-86, Formerly 17-4.770, 17-12.812, 17-312.812, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.813 General Permit for the Installation of Fences

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History– New 9-3-86, Formerly 17-4.780, 17-12.813, 17-312.813, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.814 General Permit to Florida Game and Fresh Water Fish Commission, U.S. Forest Service, and County and Municipal Governments for the Construction of Freshwater Fish Attractors

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History–New 9-3-86, Formerly 17-4.790, 17-12.814, 17-312.814, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.815 General Permit for Ski Jumps and Slalom Courses

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History–New 9-3-86, Amended 10-28-87, Formerly 17-4.800, 17-12.815, 17-312.815, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.816 General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings and Bridges of Artificial Waterways

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History–New 9-3-86, Formerly 17-4.810, Amended 3-26-89, Formerly 17-12.816, 17-312.816, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.817 General Permit for the Construction of Aerial Pipeline Crossings of Certain Waters

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History–New 9-3-86, Formerly 17-4.820, 17-12.817, Amended 11-27-91, Formerly 17-312.817, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.818 General Permit for Subaqueous Utility Crossings of Artificial Waterways

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History–New 11-16-89, Formerly 17-312.818, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.819 General Permit for the Limited Dredging of Sediment for Aquatic Plant Management Purposes

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.062, 403.087, 403.813, 403.814, 403.817, 403.912, 403.913 FS. History–New 12-17-90, Formerly 17-312.819, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.822 General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.814 FS. History–New 1-19-94, Formerly 17-312.822, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.823 General Permit for Floating Vessel Platforms and Floating Boat Lifts

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1), 403.813(1), 403.814(1) FS. Law Implemented 253.04, 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.813(1), 403.814(1) FS. History–New 8-4-05, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.824 General Permit to Municipalities to Pave Existing Municipally Owned and Maintained Roads, including the Repair and Replacement of Bridges that are Part of the Roadway

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1), 403.813(1)(t) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813(1)(t), 403.814, 403.817, 403.912, 403.913, 403.918 - .921, 403.931 FS. History–New 3-15-07, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.825 General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.118, 373.406, 373.4145 FS. Law Implemented 373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.4145, 373.416, 373.418, 373.419, 373.422, 373.423, 373.426 FS. History–New 12-5-06, Repealed 2-16-12.

Fla. Admin. Code R. 62-312.900 Wetland Resource Forms

History

• Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.814 FS. History–New 11-30-82, Amended 3-31-84, 10-16-84, 5-15-88, Formerly 17-1.203, 17-12.900, Amended 10-9-90, 6-5-91, 10-30-91, 5-25-92, Formerly 17-312.900, Amended 10-3-95, Repealed 1-5-15.

Chapter 62-330 ENVIRONMENTAL RESOURCE PERMITTING

Fla. Admin. Code R. 62-330.010 Purpose and Implementation

(1) This chapter, together with the rules and all documents it incorporates by reference, implements the comprehensive, statewide environmental resource permit (ERP) program under Section 373.4131, F.S.

(2) The ERP program governs the following: construction, alteration, operation, maintenance, repair, abandonment, and removal of stormwater management systems, dams, impoundments, reservoirs, appurtenant works, and works (including docks, piers, structures, dredging, and filling located in, on or over wetlands or other surface waters, as defined and delineated in Chapter 62-340, F.A.C.) (any one or a combination of these may be collectively referred to throughout this chapter as “projects” or “systems”).

(3) The responsibilities for implementing this chapter are described in Operating and Delegation Agreements between the Department of Environmental Protection (“Department”), the water management districts (“Districts”), and local governments (“delegated local governments”). The Agreements are incorporated by reference in Rule 62-113.100, F.A.C. The term “Agency” applies to the Department, a District, or a delegated local government, as applicable, throughout this chapter.

(4) This chapter is used in conjunction with an Applicant’s Handbook, in two volumes, as follows:

(a) Applicant’s Handbook Volume I, “General and Environmental” (hereinafter “Volume I”) applies statewide to all activities regulated under Chapter 62-330, F.A.C. It includes explanations, procedures, guidance, standards, and criteria on what is regulated by this chapter, the types of permits available, how to submit an application or notice for a regulated activity to the Agencies, how applications and notices are reviewed, the standards and criteria for issuance, and permit duration and modification. Volume I, including Appendices G, H, I, L, M, N, and O only, is incorporated by reference herein, (June 28, 2024) (https://www.flrules.org/Gateway/reference.asp?No=Ref-15342). The Federal Guidelines for Inundation Mapping of Flood Risks Associated with Dam Incidents and Failures (FEMA P-946, July 2013), referenced in Appendix L, is incorporated by reference herein (June 28, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15343).

(b) An Applicant’s Handbook Volume II (hereinafter “Volume II”), has been adopted for use within each District. Each District’s Volume II is incorporated by reference herein and in the rules listed below. These rules and Handbook Volumes are available as provided in subsection (5), below.

1. Northwest Florida Water Management District ‒ “Department of Environmental Protection and Northwest Florida Water Management District Environmental Resource Permit Applicant’s Handbook – Volume II (Design and Performance Standards Including Basin Design and Criteria),” including all appendices, is incorporated by reference herein (June 28, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15345 or from the Agency as provided in subsection (5).

2. Suwannee River Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, (July 1, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17182), and in subsection 40B-400.091(2), F.A.C., (July 1, 2024).

3. St. Johns River Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, (June 28, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17181), and in subsections 40C-4.091(1), F.A.C., (June 28, 2024) and 40C-44.091(1), F.A.C., (June 1, 2018).

4. Southwest Florida Water Management District, Applicant’s Handbook Volume II, is incorporated by reference herein, (October 31, 2025) (http://flrules.org/Gateway/reference.asp?No=Ref-18936), and in Rule 40D-1.660, F.A.C., (October 31, 2025).

5. South Florida Water Management District, Applicant’s Handbook Volume II, including Appendices A through D, is incorporated by reference herein, (June 28, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-17180) and in subsection 40E-4.091(1), F.A.C. (June 28, 2024).

A copy of the incorporated material identified above may be obtained from the Agency Internet site, https://floridadep.gov/water/water/content/water-resource-management-rules#ERP, or as described in subsection 62-330.010(5), F.A.C.

(5) A copy of Volumes I and II and the other Agreements, rules, forms, and other documents incorporated by reference in this chapter also may be obtained from the Agency Internet site or by contacting staff in an Agency office identified in Appendix A of Volume I.

(6) This chapter explains how to submit notices and applications for activities regulated under Part IV of Chapter 373, F.S., and provides the standards for Agency review and action, which must not be harmful to the water resources and not be inconsistent with the overall objectives of the Agency. This chapter also includes procedures for petitions for a formal determination of the landward extent of wetlands and surface waters under Chapter 62-340, F.A.C.

History

• Rulemaking Authority 373.026(2), 373.026(6), 373.043, 373.044, 373.117, 373.118, 373.414(9), 373.418, 373.4131, 373.4145, 403.061, 403.805(1) FS. Law Implemented 373.016, 373.026, 373.036, 373.117, 373.406, 373.409, 373.413, 373.4131, 373.414(9), 373.4141, 373.4142, 373.4145, 373.416, 373.419, 373.422, 373.423, 373.426, 373.428, 373.429, 373.441, 403.031(14)-(18), 403.031(21), 403.061, 403.067(7), 403.0877, 403.0891, 668.003, 668.004, 668.50, 704.06 FS. History—New 10-1-13, Amended 6-1-18, 12-22-20, 6-28-24, 4-7-26.

Fla. Admin. Code R. 62-330.020 Regulated Activities

(1) A permit under this chapter is not required for activities that qualify for:

(a) Operation and routine custodial maintenance of projects legally in existence under Chapter 403 or Part IV of Chapter 373, F.S., provided the terms and conditions of the permit, exemption, or other authorization for such projects continue to be met, and provided the activity is conducted in a manner that does not cause violations of state water quality standards. However, this exemption shall not apply to any project that is altered, modified, expanded, abandoned, or removed;

(b) An exemption listed in Rule 62-330.051 or 62-330.0511, F.A.C., or in section 1.3 (District-specific exemptions) of the applicable Volume II;

(c) The “grandfathering” provisions of Section 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), or (16), F.S.; or

(d) The “10/2” general permit for upland stormwater systems authorized in Section 403.814(12), F.S.

(2) Unless the activity qualifies under subsection (1), above, a permit is required prior to the construction, alteration, operation, maintenance, removal, or abandonment of any project that, by itself or in combination with an activity conducted after October 1, 2013, cumulatively results in any of the following:

(a) Any project in, on, or over wetlands or other surface waters;

(b) A total of more than 4,000 square feet of impervious and semi-impervious surface areas subject to vehicular traffic;

(c) A total of more than 9,000 square feet of impervious and semi-impervious surface area;

(d) A total project area of more than five acres;

(e) A capability of impounding more than 40 acre-feet of water;

(f) Any dam having a height of more than 10 feet, as measured from the lowest elevation of the downstream toe to the dam crest;

(g) Any project that is part of a larger common plan of development or sale;

(h) Any dry storage facility storing 10 or more vessels that is functionally associated with a boat launching area;

(i) Any project exceeding the thresholds in section 1.2 (District-specific thresholds) of the applicable Volume II, or

(j) Any modification or alteration of a project previously permitted under Part IV of Chapter 373, F.S.

(3) Construction and operation of projects under subsection (2), above, are subject to the additional limitations in paragraph 3.1.4(f) of Volume I.

(4) The following types of permits are available:

(a) A general permit, as provided in Rule 62-330.052, F.A.C., and Rules 62-330.410 through 62-330.635, F.A.C.;

(b) An individual permit, as provided in Rule 62-330.054, F.A.C.; and,

(c) A conceptual approval permit, as provided in Rule 62-330.055 or 62-330.056, F.A.C.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.117, 373.118, 373.409, 373.413, 373.4131, 373.4132, 373.4145, 373.416, 373.426, 403.0877 FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.021 Definitions

Terms used in this chapter are defined in section 2.0 of Volume I and section 2.1 of Volume II.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9),373.4141, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4141, 373.4145, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.021, Amended 10-1-13, Reviewed 7-17-26.

Fla. Admin. Code R. 62-330.050 Procedures for Review and Agency Action on Exemption Requests

(1) A notice to the Agency is not required to conduct an activity that is exempt under Rule 62-330.051, F.A.C., except where required in a specific exemption. Persons are encouraged, but not required, to use any available electronic self-certification service of the Agency to confirm that the activity meets the exemption.

(2) If a person desires Agency verification of qualification to conduct an exempt activity (other than for silviculture, for which the procedures in Rule 62-330.0511, F.A.C., apply), and a self-certification is not available or the person chooses not to use a self-certification, they may submit a written or electronic Form 62-330.050(1) – “Request for Verification of an Exemption,” (December 22, 2020), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12035), or a letter that clearly requests an exemption verification. A copy of the form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. Such request must include:

(a) The processing fee prescribed in Rule 62-330.071, F.A.C. Only one exemption verification processing fee shall be assessed if the request contains multiple exempt activity types on a single parcel;

(b) A location map(s) of sufficient detail to allow someone who is unfamiliar with the area to locate the site of the activity;

(c) Drawings, calculations, and other supporting information to clearly depict and describe the proposed activities;

(d) The tax parcel identification number from the local government tax rolls;

(e) Contact information for the person requesting the verification; and,

(f) Authorization signed by the property owner allowing Agency staff to inspect the location of the proposed activities.

(3) Additional information on completing and submitting a request for verification of an exemption is contained in sections 3.2, 4.2, 4.2.1, 4.3, and 4.4 of Volume I.

(4) The Agency shall take reasonable efforts to determine within 30 days of receipt of a request whether the submitted materials demonstrate the activity qualifies for an exemption or, if they do not, what information would enable the Agency to make such a determination. If those materials are not received within 60 days of the Agency’s request, the Agency shall advise the person that it cannot verify that the activity qualifies for an exemption. The materials submitted and responses received shall not be considered an application for a general, conceptual approval, or individual permit unless requested in writing.

(5) If, after receipt of an application for a permit, the Agency determines the proposed activity qualifies in whole for an exemption under this chapter, the Agency shall make such determination within 30 days of receipt of the application and refund any processing fees received in excess of those required under Rule 62-330.071, F.A.C.

(6) The Agency will consider exempt activities included in an application to conduct other activities as part of an entire application requiring a permit, and will review and act upon the entire application at one time. However, an applicant may request the Agency separately determine whether specific activities that are part of the application qualify for an exemption. In such a case, the applicant shall pay an additional processing fee for the exemption verification, but only one additional exemption verification processing fee will be required even if more than one kind of exempt activity is included. In accordance with section 10.27(d) of Volume I, the Agency with consider the secondary impacts arising from activities described in Section 403.813(1), F.S., that are very closely linked and causally related to the activities proposed in the application.

(7) The Agency’s determination of qualification for an exemption is subject to Chapter 120, F.S. Self-certification is not an Agency action subject to Chapter 120, F.S., unless the Agency determines the self-certification does not meet all of its applicable terms and conditions.

(8) Activities conducted in accordance with an exemption under this chapter remain subject to other applicable permitting, authorization, and performance requirements (including, but not limited to, those governing the “take” of listed species) of the Agencies, the Board of Trustees, and other federal, state, and local government entities.

(9) The following apply when specified in an exemption in Rule 62-330.051, F.A.C.:

(a) Activities shall not exceed a permitting threshold in section 1.2 of the applicable Volume II;

(b) Construction, alteration, and operation shall not:

1. Adversely impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands;

2. Cause an adverse impact to the minimum flows and levels established pursuant to Section 373.042, F.S.;

3. Cause adverse impacts to a Work of the District established pursuant to Section 373.086, F.S.;

4. Adversely impede navigation or create a navigational hazard;

5. Cause or contribute to a violation of state water quality standards. Turbidity, sedimentation, and erosion shall be controlled during and after construction to prevent violations of state water quality standards, including any antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3) and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters due to construction-related activities. Erosion and sediment control best management practices shall be installed and maintained in accordance with the guidelines and specifications described in the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Transportation and Florida Department of Environmental Protection, July 2013), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-15346), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual Tier 1 (Florida Department of Environmental Protection, Division of Environmental Assessment and Restoration, Tallahassee, Florida, October 2018), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-15348) and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual Tier II (Florida Department of Environmental Protection, Division of Environmental Assessment and Restoration, Tallahassee, Florida, October 2018), incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-15349); nor

6. Allow excavated or dredged material to be placed in a location other than a self-contained upland disposal site, except as expressly allowed in an exemption in Rule 62-330.051, F.A.C.

(c) When performed in waters accessible to federally- or state-listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon, all in-water work shall comply with the following:

1. All vessels associated with the project shall operate at “Idle Speed/No Wake” at all times while in the work area and where the draft of the vessels provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

2. All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement or entrapment of listed species.

3. All in-water activities, including vessel operation, must be shut down if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50-foot radius of the in-water work, or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All onsite project personnel are responsible for observing water-related activities for the presence of listed species.

4. Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404-3922 and ImperiledSpecies@myFWC.com.

Copies of incorporated materials identified above may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(10) A person requesting verification of an exemption may waive the timeframes in subsections (4) and (5), above, if the project also requires a State 404 Program authorization under Chapter 62-331, F.A.C., that must be reviewed using the timeframes in that chapter. Waiving the timeframes allows the Agency(ies) to issue agency action for the verification of exemption and the State 404 Program authorization at the same time. This is strongly recommended by the Agencies to ensure consistency and to reduce the potential need for project modifications to resolve inconsistencies that may occur when the agency actions are issued at different times.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.109, 373.406, 373.4131, 373.414(9), 373.4142, 373.4145, 403.813(1), 668.003, 668.004, 668.50 FS History—New 10-1-13, Amended 6-1-18, 12-22-20, 6-28-24.

Fla. Admin. Code R. 62-330.051 Exempt Activities

The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under Chapters 253 and 258, F.S., as applicable.

(1) Activities conducted in conformance with the District-specific exemptions in section 1.3 of Volume II applicable to the location of the activity.

(2) Activities conducted in conformance with the exemptions in Section 373.406, or 403.813(1), F.S.

(3) Aquatic Plant and Organic Detrital Control and Removal –

(a) Disking and tilling of exposed lake bottoms in accordance with a permit issued by the Florida Fish and Wildlife Conservation Commission or an exemption under Chapter 369, F.S.

(b) Organic detrital material removal in accordance with Section 403.813(1)(r) or (u), F.S.

(c) Aquatic plant control where the activity qualifies for an exemption authorized under Section 369.20, F.S., or in a permit from the Florida Fish and Wildlife Conservation Commission under Section 369.20 or 369.22, F.S.; and the harvested plant material is not disposed of in wetlands or other surface waters, or in a manner that adversely affects water quality or flood control.

(d) The mechanical harvesting or shredding of aquatic plants and incidentally associated sediments, including subsequent side casting of the harvested or shredded material, provided:

1. The activity is authorized and conducted by the Florida Fish and Wildlife Conservation Commission, under Section 369.20 or 369.22, F.S.;

2. The work involves no dredging and is the minimum amount necessary for maintaining existing navigation corridors and preventing flooding, and in no case shall exceed five total acres of harvesting, shredding, and sidecasting;

3. The work is performed in a manner that does not adversely affect water quality or flood control; and

4. Notice of intent to use this exemption is provided to the Agency five days before performing any work.

(4) Bridges, Driveways, and Roadways –

(a) The replacement and repair of existing open-trestle foot bridges and vehicular bridges in accordance with Section 403.813(1)(l), F.S.

(b) Construction, alteration, or maintenance, and operation, of culverted driveway or roadway crossings and bridges of wholly artificial, non-navigable drainage conveyances, provided:

1. The construction project area does not exceed one acre and is for a discrete project that is not part of a larger plan of development that requires permitting under this chapter. However, these limitations shall not preclude use of this exemption to provide access to activities that qualify for the general permit in Section 403.814(12), F.S.;

2. The culvert or bridge shall be sized and installed to pass normal high water stages without causing adverse impacts to upstream or downstream property;

3. Culverts shall not be larger than one, 24-inch diameter pipe, or its hydraulic equivalent, and must not reduce the upstream hydraulic discharge capacity;

4. The crossing shall not:

a. Be longer than 30 feet from top-of-bank to top-of-bank;

b. Have a top width of more than 20 feet or a toe-to-toe width of more than 40 feet; and,

c. Have side slopes steeper than three feet horizontal to one foot vertical;

5. There are no more than two crossings on any total land area, with a minimum distance of 500 feet between crossings;

6. If dewatering is performed, all temporary work and discharges must not cause flooding or impoundment, downstream siltation, erosion, or turbid discharges that violate state water quality standards;

7. Any temporary work shall be completely removed and all upstream and downstream areas that were disturbed shall be restored to pre-work grades, elevations and conditions; and,

8. All work shall comply with subsection 62-330.050(9), F.A.C.

(c) Minor roadway safety construction, alteration, maintenance, and operation, provided:

1. There is no work in, on, or over wetlands other than those in drainage ditches constructed in uplands;

2. There is no reduction in the capacity of existing swales, ditches, or other systems legally in existence under Chapter 403 or Part IV of Chapter 373, F.S.;

3. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.; and

4. The work is limited to:

a. Sidewalks having a width of six feet or less;

b. Turn lanes less than 0.25 mile in length, and other safety-related intersection improvements; and

c. Road widening and shoulder paving that does not create additional traffic lanes and is necessary to meet current, generally accepted roadway design and safety standards.

(d) Resurfacing and repair of existing paved roads, and grading of existing unpaved roads, provided:

1. Travel lanes are not paved that are not already paved;

2. No substantive changes occur to existing road surface elevations, grades, or profiles; and

3. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.

(e) Repair, stabilization, paving, or repaving of existing roads, and the repair or replacement of vehicular bridges that are part of the road, where:

1. They were in existence on or before January 1, 2002, and have:

a. Been publicly-used and under county or municipal ownership and maintenance thereafter, including when they have been presumed to be dedicated in accordance with Section 95.361, F.S.;

b. Subsequently become county or municipally-owned and maintained; or

c. Subsequently become perpetually maintained by the county or municipality through such means as being accepted by the county or municipality as part of a Municipal Service Taxing Unit or Municipal Service Benefit Unit; and

2. The work does not realign the road or expand the number of traffic lanes of the existing road, but may include safety shoulders, clearing vegetation, and other work reasonably necessary to repair, stabilize, pave, or repave the road, provided that the work is constructed using generally accepted roadway design standards;

3. Existing bridges are not widened more than is reasonably necessary to properly connect the bridge with the road to match the width of the roadway travel lanes and safely accommodate the traffic expected;

4. No debris from the original bridge shall be allowed to remain in wetlands or other surface waters;

5. Roadside swales or other effective means of stormwater treatment are incorporated as part of the work;

6. No more dredging or filling of wetlands or water of the state is performed than is reasonably necessary to perform the work in accordance with generally accepted roadway design standards;

7. Notice of intent to use this exemption is provided to the Agency 30 days before performing any work; and

8. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.

(f) The repair of existing concrete bridge pilings by the Florida Department of Transportation, counties, and municipalities, through the construction of pile jackets, provided the permanent outer form is composed of inert materials and the quantity of material shall not exceed 300 cubic yards of dredging or 300 cubic yards of filling per project. The following conditions shall also apply:

1. Although the bottom sediments within the forms may be removed by jetting or pumping, and may not be recoverable, erosion and sediment control best management practices, including turbidity curtains or similar devices, shall be used in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual to prevent violations of state water quality standards.

2. Immediately following completion of any work that involves disturbance of the shoreline or banks of wetlands or other surface waters, the shoreline and banks shall be stabilized with native vegetation or riprap to prevent erosion; in areas where native wetland vegetation was disturbed, the stabilization shall consist of the same species planted in a manner to achieve stability and coverage of a similar wetland community as previously existed. Temporary erosion controls for all exposed soils within wetlands and other surface waters shall be completed within seven calendar days of the most recent construction activity. Prevention of erosion of exposed earth into wetlands and other surface waters is a construction priority and completed slopes shall not remain unstabilized while other construction continues.

3. Pilings shall not be installed or replaced to add additional traffic lanes.

4. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.

(5) Dock, Pier, Boat Ramp and Other Boating-related Work ‒

(a) Installation or repair of pilings and dolphins associated with private docking facilities or piers that are exempt under Section 403.813(1)(b), F.S.;

(b) Installation of private docks, piers, and recreational docking facilities, and installation of local governmental piers and recreational docking facilities, in accordance with Section 403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs, provided:

1. The cumulative square footage of the dock or pier and all associated structures located over wetlands and other surface waters does not exceed the limitations in Section 403.813(1)(b), F.S.;

2. No structure is enclosed on more than three sides with walls and doors;

3. Structures are not used for residential habitation or commercial purposes, or storage of materials other than those associated with water dependent recreational use; and

4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot.

(c) Construction of private docks or piers of 1,000 square feet or less of over-water surface area in artificial waters in accordance with Section 403.813(1)(i), F.S., and within residential canal systems legally in existence under Chapter 403 or Part IV of Chapter 373, F.S. This includes associated structures such as roofs and boat lifts, provided the cumulative square footage of the dock or pier and all associated structures located over wetlands and other surface waters does not exceed 1,000 square feet.

(d) Replacement or repair of existing docks and piers, including mooring piles, in accordance with Section 403.813(1)(d), F.S., provided the existing structure is still functional or has been rendered non-functional within the last year by a discrete event, such as a storm, flood, accident, or fire.

(e) The construction and maintenance to design specifications of boat ramps in accordance with Section 403.813(1)(c), F.S., where navigational access to the proposed ramp currently exists:

1. In artificial waters and residential canal systems; or

2. In any wetland or other surface waters when the ramps are open to the public; and

3. The installation of docks associated with and adjoining boat ramps constructed as part of the above ramps is limited to an area of 500 square feet or less over wetlands and other surface waters.

(f) The construction, installation, operation, or maintenance of floating vessel platforms or floating boat lifts in accordance with section 403.813(1)(s), F.S.

(g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local agencies, provided:

1. The derelict vessel case has been completed as specified in Section 705.103, F.S., and has been entered into the Statewide Derelict Vessel Database maintained by the Florida Fish and Wildlife Conservation Commission;

2. All work is done in a manner that, to the greatest extent practicable, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, mangroves, other wetlands, and live bottom; and

3. An absorbent blanket or boom shall be immediately deployed on the surface of the water around the derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work.

(h) The installation of a pile-supported boat lift within an existing mooring area at a docking facility that is legally in existence, provided:

1. Such installation does not conflict with a condition of a permit issued thereunder;

2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs.

(6) Construction, alteration, maintenance, operation, and removal of freshwater fish attractors by the Florida Fish and Wildlife Conservation Commission, U.S. Forest Service, and county and municipal governments, provided:

(a) The material is limited to clean concrete, rock, brush, logs, or trees;

(b) The material is firmly anchored to the bottom of the waterbody;

(c) The size of an individual fish attractor shall be limited to one quarter of an acre in area;

(d) The top of the fish attractor shall be at least three feet below the water surface at expected average low water depth, as determined based on best available information for the waterbody at the specific location of the attractor;

(e) The attractor shall be outside any posted navigational channels and shall not cause a navigational hazard;

(f) No material is placed on or in areas vegetated by native aquatic vegetation; and

(g) The provisions of paragraph 62-330.050(9)(c), F.A.C., also shall apply to protect listed species during the work.

(7) Maintenance and Restoration ‒

(a) Maintenance dredging under Section 403.813(1)(f), F.S.

(b) Maintenance of insect control structures, dikes, and irrigation and drainage ditches under Section 403.813(1)(g), F.S.

(c) The restoration of existing insect control impoundment dikes, and the connection of such impoundments to tidally influenced waters under Section 403.813(1)(p), F.S., provided:

1. The restored section of dike is limited to 100 feet in length;

2. The connection shall provide sufficient cross-sectional area to allow beneficial tidal influence;

3. Dredging and filling are limited to that needed to restore the dike to original design specifications; and

4. The final elevation of the dredge area shall be within two feet of immediately adjacent bottom elevations.

(d) Alteration and maintenance of treatment or disposal systems under Rule 62-340.700, F.A.C.

(e) Construction and maintenance of swales in accordance with Section 403.813(1)(j), F.S.

(f) Placement of wooden, composite, metal, or other non-earthen construction mats to provide temporary access to maintain or repair projects within wetlands, provided:

1. There is no cutting or clearing of wetland trees having a diameter four inches (circumference of 12 inches) or greater at breast height;

2. The maximum width of the construction access area shall be 15 feet;

3. Mats shall be removed as soon as practicable after equipment has completed passage through, or work has been completed at, each location along the alignment of the project, but in no case longer than seven days after equipment has completed work or passage through that location; and

4. Areas disturbed for access shall be restored to natural grades immediately after the work is complete.

(g) Port dredging under Section 403.813(3), F.S.

(h) The following activities undertaken by the National Oceanic and Atmospheric Administration’s (NOAA) Florida Keys National Marine Sanctuary:

1. Seagrass restoration following the procedures of the Final Programmatic Environmental Impact Statement for Seagrass Restoration in the Florida Keys National Marine Sanctuary (NOAA 2004), which is incorporated by reference herein (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-09440) and available as provided in subsection 62-330.010(5), F.A.C.; and

2. Coral restoration following the procedures of the Final Programmatic Environmental Impact Statement for Coral Restoration in the Florida Keys and Flower Garden Banks National Marine Sanctuaries (NOAA 2010), which is incorporated by reference herein (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-09441) and available as provided in subsection 62-330.010(5), F.A.C.

(8) The installation of aids to navigation, including bridge fender piles, “No Wake” and similar regulatory signs, and buoys associated with such aids, in accordance with Section 403.813(1)(k), F.S.

(9) Pipes or Culverts ‒

(a) Repair or replacement, provided:

1. The pipes or culverts have equivalent hydraulic capacity to those being repaired or replaced;

2. The invert elevation shall not be changed; and

3. The pipes or culverts function to discharge or convey stormwater, and are not associated with the repair, replacement, or alteration of a dam, spillway, or appurtenant works.

(b) Construction, alteration, operation, maintenance, and removal of outfall pipes, together with associated headwalls, and energy dissipation baffles, rocks, and other scour-reduction devices at the outfall locations, provided:

1. The pipes extend less than 20 feet in, on, or over wetlands or other surface waters;

2. The outfall is part of an activity that is exempt under Part IV of Chapter 373, F.S., or qualifies for the general permit in Section 403.814(12), F.S.;

3. The outfall is designed to prevent erosion and scour;

4. Work in natural waterbodies, wetlands, and Outstanding Florida Waters is limited to 0.03 acre;

5. No activities occur in seagrasses;

6. Within waters accessible to manatees, submerged or partially submerged outfall pipes having a diameter larger than eight inches shall have grating such that no opening is larger than eight inches; and

7. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.

(c) The extension of existing culverts and crossing approaches, and the installation of scour protection structures at such locations, when done to accommodate an activity that does not require a permit under this chapter, provided:

1. Work in wetlands or other surface waters is limited to a total of 100 cubic yards of dredging and filling, and no more than 0.10 acre at any culvert extension or crossing approach location; and

2. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.

(10) The construction, alteration, maintenance, removal or abandonment of recreational paths for pedestrians, bicycles, and golf carts, provided:

(a) There is no work in, on, or over wetlands or other surface waters other than those in drainage ditches constructed in uplands;

(b) There is no reduction in the capacity of existing swales, ditches, or other stormwater management systems legally in existence under Chapter 403 or Part IV of Chapter 373, F.S.;

(c) The paths have a width of eight feet or less for pedestrian paths, and 14 feet or less for multi-use recreational paths;

(d) The paths are not intended for use by motorized vehicles powered by internal combustion engines or electric-powered roadway vehicles, except when needed for maintenance or emergency purposes; and

(e) The paths comply with the limitations and restrictions in subsection 62-330.050(9), F.A.C.

(11) Sampling and Testing ‒

(a) Collection of seagrass, macroalgae, and macrobenthos in accordance with the terms and conditions of a permit or license issued by the Florida Fish and Wildlife Conservation Commission.

(b) Construction, operation, maintenance, and removal of scientific sampling, measurement, and monitoring devices, provided:

1. The device’s purpose is solely to collect scientific or technical data, such as staff gages, tide and current gages, meteorological stations, water recording, biological observation and sampling, and water quality testing and improvement. Parshall flumes and other small weirs installed primarily to record water quantity and velocity are authorized, provided the amount of fill is limited to 25 cubic yards;

2. The device and any associated structures or fill, such as foundations, anchors, buoys, and lines, is removed to the maximum extent practicable at the end of the data collection or sampling;

3. The site is restored to pre-construction conditions within 48 hours of completion of use of the device; and

4. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.

(c) An exemption for geotechnical, geophysical, and cultural resource data surveys, mapping, sounding, sampling, and coring associated with beach restoration and nourishment projects and inlet management activities as provided in Section 403.813(1)(v), F.S.

(d) Geotechnical investigations, including soil test borings, standard penetration tests, and other work involving boring, auguring, or drilling for the purposes of collecting geotechnical data, together with clearing for temporary access corridors to perform these investigations, subject to the following:

1. Excavation at each soil boring, auguring, or coring location is limited to no more than one foot in diameter. The total area of work authorized in wetlands and other surface waters is limited to 0.5 acre, including all excavations and clearing for temporary access corridors.

2. No drilling fluid or dredged material shall be left above grade in a wetland or other surface water.

3. Boreholes suspected to have penetrated a confining layer shall be grouted from the bottom up by means of a tremie pipe and the severed materials shall be removed from the wetland or other surface waters.

4. This exemption shall not apply to borings used to place seismographic charges for oil and gas exploration.

5. This exemption does not supersede the exemption in Section 403.813(1)(v), F.S., for geotechnical, geophysical, and cultural resource data surveys, mapping, sounding, sampling, and coring associated with beach restoration and nourishment projects and inlet management activities.

6. Turbidity, sedimentation, and erosion shall be controlled during and after investigations to prevent violations of state water quality standards due to construction related activities.

7. Drilling activities associated with construction of wells must comply with Chapter 62-532, F.A.C.

8. Temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non-earthen construction mats. In all cases, access in wetlands shall comply with the following:

a. Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter four inches or greater at breast height;

b. The maximum width of the construction access area shall be limited to 15 feet;

c. All mats shall be removed as soon as practicable after equipment has completed passage through, or work has been completed, at any location along the alignment of the project, but in no case longer than seven days after equipment has completed work or passage through that location; and

d. Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed.

(12) Construction, Replacement, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other Shoreline Stabilization ‒

(a) Construction, replacement, and repair of seawalls or riprap in artificially created waterways under Section 403.813(1)(i), F.S., and within residential canal systems legally in existence under Chapter 403 or Part IV of Chapter 373, F.S, including only that backfilling needed to level the land behind seawalls or riprap.

(b) The restoration of a seawall or riprap under Section 403.813(1)(e), F.S., where:

1. The seawall or riprap has been damaged or destroyed within the last year by a discrete event, such as a storm, flood, accident, or fire or where the seawall or riprap restoration or repair involves only minimal backfilling to level the land directly associated with the restoration or repair and does not involve land reclamation as the primary project purpose. See section 3.2.4 of Volume I for factors used to determine qualification under this provision;

2. Restoration shall be no more than 18 inches waterward of its previous location, as measured from the waterward face of the existing seawall to the face of the restored seawall, or from the waterward slope of the existing riprap to the waterward slope of the restored riprap; and

3. Applicable permits under Chapter 161, F.S., are obtained.

(c) The construction of seawalls or riprap in wetlands or other surface waters between and adjoining existing seawalls or riprap at both ends in accordance with Section 403.813(1)(o), F.S. For purposes of this exemption, riprap is subject to the same length and orientation limitations as a seawall.

(d) Installation of batter piles, king piles, or a seawall cap, used exclusively to stabilize and repair seawalls, provided they do not impede navigation.

(e) Restoration of an eroding shoreline with native wetland vegetative enhancement plantings, provided:

1. The length of shoreline is 500 linear feet or less;

2. Plantings are native wetland plants appropriate for the site obtained from commercially-grown stock;

3. Plantings extend no farther than 10 feet waterward of the approximate mean high water line (MHWL) or ordinary high water line (OHWL);

4. All invasive and exotic vegetative species along the shoreline is removed in conjunction with the planting to the extent practicable;

5. Biodegradable natural fiber logs or mats that are secured in place, such as with the use of wooden stakes, may be used if necessary to support the vegetative plantings; and

6. No fill is placed other than that needed to support the vegetative plantings, except that a breakwater is authorized to be installed concurrent with the planting if permanent wave attenuation is required to maintain the shoreline vegetation, provided:

a. The waterward toe of the breakwater extends no more than 10 feet waterward of the approximate MHWL or OHWL, with a top height of no more than the mean or ordinary high water elevation;

b. The breakwater is composed predominantly of natural oyster shell cultch (clean and fossilized oyster shell) or other stable, non-degradable materials such as oyster reef, reef balls, boulders, clean concrete rubble, riprap, rock sills, or triangular concrete forms. Oyster shell cultch, if used, shall be enclosed in mesh bags having openings of no more than three inches, or securely fixed to matting prior to placement in the water. Oyster bags and mats must be anchored to prevent movement of shell from the project area;

c. The breakwater shall not be placed over, or within three feet (in any direction) of any submerged grassbed or existing emergent marsh vegetation;

d. The breakwater shall be placed in units so that there is at least one opening measuring at least five feet in width located every 75 linear feet along the breakwater, with a minimum of one opening, to allow the flow of water and the passage of fish and aquatic wildlife;

e. All equipment used during construction shall be operated from, and be stored in uplands; and

f. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.

(13) Single-Family Residences and Associated Residential Improvements ‒

(a) The construction, alteration, maintenance, removal, and abandonment of one individual single-family dwelling unit, duplex, triplex, or quadruplex, and associated residential improvements, that:

1. Do not involve any work in wetlands or other surface waters;

2. Are not part of a larger common plan of development or sale requiring a permit or modification of a permit under Part IV of Chapter 373, F.S.; and

3. Comply with the limitations and restrictions in subsection 62-330.050(9), F.A.C.

(b) The construction, alteration, maintenance, removal, and abandonment of one individual single-family dwelling unit, duplex, triplex, or quadruplex, and associated residential improvements if it will be located:

1. Within the boundaries of a valid permit issued under Part IV of Chapter 373, F.S., and it was accounted for under the permit; or

2. Within the boundaries of a development that predates the applicable effective date for the permitting program established under Part IV of Chapter 373, F.S., provided the activity does not involve any work in wetlands or other surface waters.

(c) Construction, operation, or maintenance of a stormwater management facility designed to serve single-family residential projects in conformance with Section 403.813(1)(q), F.S.

(14) Utilities ‒

(a) Installation of overhead transmission lines in accordance with Section 403.813(1)(a), F.S.

(b) Installation of subaqueous transmission and distribution lines in accordance with Section 403.813(1)(m), F.S.

(c) Replacement or repair of subaqueous transmission and distribution lines in accordance with Section 403.813(1)(n), F.S.

(d) Activities necessary to preserve, restore, repair, remove, or replace an existing communication or utility pole or aerial transmission or distribution line, provided there is no dredging or filling in wetlands or other surface waters except to remove poles and replace them with new poles, and temporary mats needed to access the site in accordance with paragraph 62-330.051(7)(f), F.A.C. The activity must not increase the voltage of existing power lines or relocate existing poles or lines more than 10 feet in any direction from their original location.

(e) Installation, removal, and replacement of utility poles that support telecommunication lines or cables, or electric distribution lines of 35kV or less, together with the bases and anchoring devices to support those poles. “Anchoring device” shall mean steel guy wires fastened to the ground, without the need for dredging, and “base” shall mean a concrete or steel foundation not exceeding four feet in radius, used to support a utility pole. Work must comply with the following:

1. No more than 15 utility poles shall be installed, removed, or replaced in wetlands;

2. There shall be no permanent placement of fill other than utility poles and anchoring devices;

3. Work shall not occur in forested wetlands located within 550 feet from the mean or ordinary high water line of an Aquatic Preserve or a named waterbody designated as an Outstanding Florida Water or an Outstanding National Resource Water;

4. Vehicle usage in wetlands shall be conducted so as to minimize tire rutting and erosion impacts;

5. There shall be no dredging or filling to create fill pads or access roads, except to place temporary mats for access within the utility right-of-way in wetlands. All temporary mats shall be removed as soon as practicable, but in no case longer than seven days after equipment has completed passage through, or work has been completed, at any location along the alignment of the project;

6. Temporary disturbance to wetlands shall be limited to a length of 0.5 mile, a width of 30 feet, and a total area of 0.5 acre;

7. Maintenance of the utility right-of-way in wetlands shall be limited to a cleared corridor of up to 15 feet wide and a total area of 0.25 acre;

8. Except for the authorized permanent structures, pre-work ground elevations and contours shall be restored within 30 days of completion of the work;

9. Water jets shall not be used unless they are a pre-engineered part of the pole and the water for the jets is either recirculated on site or is discharged in a self-contained upland disposal site;

10. The installation of the utility poles and associated bases and anchoring devices shall not interfere with navigation or impede water flow in wetlands; and

11. Work is conducted in compliance with subsection 62-330.050(9), F.A.C.

(f) Excavation or dredging of temporary trenches to install utilities such as communication cables, water lines, and electrical lines, provided:

1. Material is not deposited within wetlands or other surface waters other than that needed to backfill the trench to restore ground to pre-work grades;

2. Backfilling is performed to restore pre-work grades within 24 hours of disturbance; and

3. Work is conducted in compliance with subsection 62-330.050(9), F.A.C.

(g) Construction, alteration, maintenance, removal, or abandonment of communication tower sites with 0.5 acre or less of impervious or semi-impervious surface such as access roads, buildings, and equipment pads. The design of above-grade access roads shall not adversely affect the conveyance of surface water flows. No activities, including access to the site, shall be located in wetlands or other surface waters or within a 100-year floodplain.

(h) Construction, alteration, maintenance, removal, or abandonment of electrical distribution substation and electrical switching station sites with one acre or less of impervious or semi-impervious surface such as access roads, buildings, and equipment pads. The design of above-grade access roads shall not adversely affect the conveyance of surface water flows. The site must be surrounded by swales, as defined in Section 403.803(14), F.S., or other type of equivalent treatment, and must not have a direct discharge to an Outstanding Florida Water. No activities, including access to the site, may be located in wetlands or other surface waters, or within a 100-year floodplain.

(i) Installation and repair of water intake lawn irrigation waterlines and closed-loop air conditioning cooling lines laid on the bottoms of waters of the state for an individual private single-family or multi-family residence, provided that the intake diameter is less than six inches, or its hydraulic equivalent.

(15) Modification or reconstruction of an existing conveyance system constructed prior to the need to obtain a permit under Part IV of Chapter 373, F.S., provided:

(a) The work is conducted by a city, county, state agency, or District;

(b) The system alteration is not intended to serve new development; and

(c) The system does not:

1. Discharge directly to Outstanding Florida Waters;

2. Increase pollution loading;

3. Change points of discharge in a manner that would adversely affect the designated uses of wetlands or other surface waters;

4. Result in new adverse water quantity impacts to receiving waters and adjacent lands;

5. Pipe and fill wetlands and other surface waters, including irrigation or drainage ditches; and

6. Replace a functional treatment swale that was authorized under Chapter 62-25, F.A.C., or Part IV of Chapter 373, F.S.

(16) The construction, alteration, maintenance, or filling of wholly-owned, artificial surface waters that:

(a) Were or are created entirely from uplands;

(b) Are isolated such that they do not connect to any other wetlands or other surface waters;

(c) Are not excavated within three feet above any aquitard or karst materials;

(d) Involve no more than a total of 0.5 acre of work in wetlands within the artificial waterbody;

(e) Do not impound water above any surrounding natural grade elevation, or have the capability of impounding more than 40 acre-feet of water;

(f) Were or are not created to provide mitigation under Part IV of Chapter 373, F.S.;

(g) Excavated materials shall not be used off-site for commercial, industrial, or construction use;

(h) Were not permitted for stormwater treatment or management under Chapter 62-25, F.A.C., or Part IV of Chapter 373, F.S.;

(i) All excavated material shall be deposited and fully contained within uplands;

(j) Are not a farm pond as defined in Section 403.927, F.S.; and

(k) Work is conducted in accordance with paragraph 62-330.050(9)(b), F.A.C.;

(17) The construction, alteration, operation, maintenance, repair, reclamation, or abandonment of a dry borrow pit for excavation of sand and other soil materials, provided that all of the following conditions are met:

(a) Notice of intent to use this exemption is provided to the Agency 30 days before performing any work.

(b) The area of excavation for the borrow pit shall be less than five acres, when measured at the natural land surface grade of the pit.

(c) The borrow pit shall be constructed entirely in uplands for the purpose of using the borrow materials as appropriately permitted, authorized, or as exempted. If excavated materials will be used off-site for commercial, industrial, or construction use, the borrow pit is subject to the mine reclamation requirements under Part III of Chapter 378, F.S.

(d) Borrow pits under this exemption must meet the following conditions:

1. Does not include construction or maintainance of any embankment above the natural land surface grade as a part of the work to construct the pit and remove the soil materials.

2. No above-grade roads are constructed as access to the pit area.

3. Shall not impact wetlands.

4. Shall not be excavated deeper than three feet above seasonal high water level, any surficial aquifer, aquitard, or karst materials.

5. The pit area shall be protected at all times by adequate fencing and gating structures to limit access and provide for safety.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406, 373.4131, 373.4145, 373.415, 403.813(1) FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.0511 No-fee Noticed Exemptions for Construction, Operation, Maintenance, Alteration, Abandonment, or Removal of Minor Silvicultural Surface Water Management Systems

(1) Silviculture activities conducted and noticed in conformance with the best management practices and procedures below shall qualify for this no-fee noticed exemption. The Agencies shall not be compelled to verify qualification for these exemptions following receipt of the notice required in subsection (2), below. However, if a person desires written Agency verification of compliance with this rule, they shall follow the noticing and fee requirements of Rule 62-330.050, F.A.C. These exemptions apply to:

(a) Any person constructing, operating, maintaining (including repairing or replacing), altering, abandoning, or removing silvicultural roads, and other minor activities designed to place the property into silvicultural use or to perpetuate the maintenance of the property in silvicultural use; and

(b) The U.S. Forest Service to construct, operate, maintain, alter, abandon, or remove surface water management systems.

(2) The construction, operation, maintenance, alteration, abandonment, or removal of the minor silvicultural surface water management system described below shall be initiated only after a completed “Notice of Intent to Construct a Minor Silvicultural System,” Form 62-330.0511(1), (October 1, 2013), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02510), is received by the Agency, or is properly addressed and stamped and deposited in the United States mail, in which case the postmark date shall be the date of receipt. Persons may also submit annual schedules of proposed silvicultural surface water management systems that meet the requirements of this section, including completed notices for each activity. A copy of the above form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(3) Activities required to implement the following projects qualify for the exemption under this rule:

(a) A permanent culverted fill road with a road surface of 28 feet or less in width placed in or crossing a stream or other watercourse of less than 10 cubic feet per second average discharge at the location of the work or with a drainage area upstream of the work of less than 10 square miles. The design of the work must allow for conveyance of normal flows and for overtopping during large storm events, and any fill placed in wetlands associated with the stream or other watercourse must be less than 0.5 acre in area. Under this paragraph, the fill material shall be no more than 24 inches above culvert structures. The fill material on the road approaches shall be no more than 24 inches above grade except within an area of 100 feet of either side of a culvert. The road must be designed with culvert inlets positioned at or below natural grade of the bed of the stream or other watercourse to prevent the permanent impoundment of water, and to provide an overflow area or areas which will prevent erosion and adverse effects to water levels upstream and downstream of the road.

(b) A temporary culverted fill road or a temporary bridge up to 50 feet long, with a road surface of 28 feet or less in width placed in or crossing a stream or other watercourse of less than 10 cubic feet per second average discharge at the location of the work or a drainage area upstream of the work of less than 10 square miles. The design of the work must allow for conveyance of existing flow during the period of installation and use and any fill placed in wetlands associated with the stream or other watercourse must be less than 0.5 acre in area. The work must be designed only to facilitate the temporary movement of equipment and must be removed immediately after the operation for which the crossing was needed is complete or within 30 months of the filing of the notice in subsection (2), above, whichever is sooner.

(c) A permanent bridge up to 100 feet in length and 28 feet or less in width supported on pilings or trestles, placed in or crossing a stream or other watercourse of less than 10 cubic feet per second average discharge at the location of the work or with a drainage area upstream of the work of less than 10 square miles. The design of the work and associated approach roads, if any, must allow for conveyance of normal flows and for overtopping during large storm events and any fill placed in wetlands associated with the stream or other watercourse must be less than 0.5 acre in area. The height limitation for fill on the bridge approach roads shall be a maximum of 24 inches above natural grade.

(d) A permanent culverted fill road or bridge with a road surface of 28 feet or less in width, placed in or crossing a wetland or other impoundment, excluding reservoirs created by dams, where the road surface area over the wetland or other impoundment is less than 0.5 acre. Such crossings must be located in a manner which minimizes the area of wetlands being filled. Fill material for crossings of isolated wetlands or other isolated impoundments may be excavated from the wetland being crossed, provided that all excavation takes place immediately adjacent to the road surface and that the excavated area consists only of narrow trenches which are not connected to ditches constructed or maintained for drainage purposes. In addition, such excavations shall not result in drainage from the wetland.

(e) Temporary stream channel diversions necessary to complete the works described in paragraph (3)(a), (b), or (c), above, provided that the area used for the temporary diversion is restored to its previous contours and elevations.

(f) Clearing and snagging in a stream or other watercourse within 50 feet of the center line of a culverted fill road or a bridge described in paragraph (3)(a), (b), or (c), above, necessary to construct said work.

(g) A permanent low water, hard surfaced crossing in a stream, other watercourse, wetland or other impoundment consisting of the placement of rock or similar material no more than 12 inches higher than the bed of the stream, other watercourse or impoundment. Such crossings must be designed only to facilitate the movement of equipment by creating a stable foundation in shallow streams, other watercourse, wetlands or other impoundments. Temporary low water, hard surfaced crossings may be constructed using logs, but must be removed immediately following the completion of the silvicultural operation or within 30 months of the filing of the Notice of Intent in subsection (2), whichever is sooner.

(h) Upland field ditches of a temporary nature to facilitate only harvesting, site preparation, and planting, with a maximum cross-sectional area of 18 square feet spaced no closer than 660 feet from any other parallel ditch. After seedling establishment, the ditches shall be allowed to revegetate naturally. The person will not be required to fill field ditches after seedling establishment.

(i) Above grade, unpaved, upland silvicultural roads with an average road surface width of 28 feet within a construction corridor up to 50 feet in width. These roads must also incorporate sufficient culverts at grade to prevent alteration of natural sheet flow and may have associated borrow ditches. Road ditches shall be constructed only to obtain road material for the associated road and to provide only enough storage to maintain a dry road surface. Such road ditches must not provide drainage to the tract adjoining the road, other than to provide drainage of the road surface and minor, incidental drainage of abutting lands. These road ditches may be connected to other roadside ditches that were constructed pursuant to an Agency permit or that were exempt from permitting under Part IV of Chapter 373, F.S., but must not connect directly or indirectly to any works onsite or off-site which are designed or constructed to provide drainage or conveyance or which would result in drainage or conveyance. Road ditches must be separated from wetlands and other surface waters by a buffer strip of indigenous ground cover and a water turnout prior to said buffer strip. However, road ditches may discharge directly to a wetland when the slope of the uplands within 1,000 feet of the edge of the wetland is equal to or less than two percent, provided the ditch does not result in drainage of the wetland and provided that the ditch does not create a hydrologic connection between two or more wetlands. The width of the buffer strip shall be no less than 35 feet, or 50 feet when located adjacent to an Outstanding Florida Water, an Outstanding National Resource Water, or Class I waters.

(j) Upland borrow areas needed to obtain fill material for crossings of streams, other watercourses, wetlands, and other impoundments authorized by this exemption. These upland borrow areas must not provide drainage and must not be hydrologically connected to roadside ditches or field ditches.

(4) The systems identified in subsection (3), above, must meet the following performance standards:

(a) Except for those areas to be filled for crossings as provided in this section, the activities must not convert wetlands or other surface waters to uplands.

(b) A road or bridge must be designed to convey normal water flow while being adequately stabilized to allow for overtopping during storm events without washing out.

(c) A permanent road or bridge placed in or crossing a stream, other watercourse, wetland or other impoundment may be placed no closer than 0.5 mile from any traversing work which traverses the same stream, other watercourse, wetland or impoundment. A low water crossing or temporary road or bridge placed in or crossing a stream, other watercourse, wetland or other impoundment may be placed no closer than 0.25 mile from any traversing work which traverses the same stream, other watercourse, wetland, or other impoundment. The spacing limitation shall be measured along the stream, other water course, wetland or other impoundment. Notwithstanding the spacing limitation in this paragraph, at least one low water crossing, road or bridge crossing of any stream, other watercourse, wetland or other impoundment may be constructed to each upland area being managed for silviculture that would not otherwise be accessible if these spacing limitations were met.

(d) A low water crossing, road, or bridge placed in or crossing a stream, other watercourse or impoundment must not cause increased velocities downstream of the work that would cause scour outside of the area of clearing and snagging described in paragraph (3)(f), above.

(e) A low water crossing, road, or bridge placed in or crossing a stream, other watercourse or impoundment must not cause increased flooding on property not owned by the person.

(f) Erosion control measures must be undertaken to limit the transfer of suspended solids into the receiving waterbody during and after construction of the proposed work. After removing any temporary crossing, disturbed portions of the stream bank and stream channel shall be restored to approximate their original shape and flow capacity. Erodible ground area associated with the crossing shall be stabilized with riprap, mulch or seeded for appropriate ground cover vegetation within 72 hours after removal.

(g) Upland field ditches may connect only to works that are permitted by the Agency, or exempt from permitting under Part IV of Chapter 373, F.S., and only if the connection will not cause the work to exceed its conveyance capacity or to increase flooding on property not owned by the person; however, this section does not authorize connection to works without the consent of the owner of the work. Field ditches will be presumed to meet the erosion control requirements of paragraph (4)(f), above, when they are separated from streams, other watercourses, wetlands or other impoundments by a buffer strip of undisturbed vegetation and provided the integrity of this buffer is maintained. The width of the buffer strip shall be the width of the total Special Management Zone (primary zone and secondary zone) as described in the Silviculture Best Management Practices Manual (2008), published by the Division of Forestry, Florida Department of Agriculture and Consumer Services, incorporated by reference herein

(#1 http://www.flrules.org/Gateway/reference.asp?No=Ref-03131,

#2 http://www.flrules.org/Gateway/reference.asp?No=Ref-03132,

#3 http://www.flrules.org/Gateway/reference.asp?No=Ref-03133,

#4 http://www.flrules.org/Gateway/reference.asp?No=Ref-03134,

#5 http://www.flrules.org/Gateway/reference.asp?No=Ref-03135,

#6 http://www.flrules.org/Gateway/reference.asp?No=Ref-03136,

#7 http://www.flrules.org/Gateway/reference.asp?No=Ref-03137,

#8 http://www.flrules.org/Gateway/reference.asp?No=Ref-03138,

#9 http://www.flrules.org/Gateway/reference.asp?No=Ref-03139,

#10 http://www.flrules.org/Gateway/reference.asp?No=Ref-03140, and

#11 http://www.flrules.org/Gateway/reference.asp?No=Ref-03141), a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. However, field ditches may discharge directly to a wetland when the slope of the uplands within 1,000 feet of the edge of the wetland is equal to or less than two percent, provided the ditch does not result in drainage of the wetland and provided that the ditch does not create a hydrologic connection between two or more wetlands.

(h) In addition to the performance standards in paragraphs (4)(a) through (g), above, the person undertaking the activities must use the best management practices set forth in the Silviculture Best Management Practices Manual referenced in paragraph (4)(g), above.

(i) If climatic or flow conditions prevent the removal of a temporary crossing within the time frame specified in this section, the applicant may re-submit the application identified in subsection (2), above, to extend the time period for removal and restoration of the temporary crossing. The person must provide a written explanation and evidence supporting the need to reauthorize the crossing and must specify the additional time needed to remove the crossing, which may not exceed one year.

(5) Activities are authorized by the exemptions above for the following durations:

(a) One year to complete construction, alteration, abandonment, or removal of the silvicultural surface water management system; and

(b) Permanent for operation and maintenance of the silvicultural surface water management system.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406(2), 373.4131, 373.4145, 373.415, 403.813(1) FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.052 General Permits ‒ General

Rules 62-330.401 through 62-330.635, F.A.C., contain the procedures to submit a notice to use a general permit, the procedures for their review, the general conditions that apply to them, and the terms and specific conditions of each general permit. Those provisions do not apply to activities that qualify for the general permit in Section 403.814(12), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 10-1-13, Reviewed 7-17-26.

Fla. Admin. Code R. 62-330.054 Individual Permits

(1) An individual permit is required for activities that require a permit if they:

(a) Do not qualify for a general permit in Rules 62-330.410 through 62-330.635, F.A.C.; and

(b) Are not proposed for conceptual approval under Rule 62-330.055 or 62-330.056, F.A.C.

(2) Except as otherwise provided in subsection (4), below, an application for an individual permit shall be:

(a) Prepared using the form and procedures in Rule 62-330.060, F.A.C.;

(b) Submitted in accordance with sections 4.2.3, 4.3, and 4.4 of Volume 1; and

(c) Reviewed and acted on in accordance with Rules 62-330.062, 62-330.071, 62-330.075, 62-330.090, 62-330.301, and 62-330.302, F.A.C., and the Applicants Handbook.

(3) An application for a mitigation bank permit shall be processed as a type of individual permit, but also is subject to the requirements in Chapter 62-342, F.A.C. If there is a conflict between this chapter and Chapter 62-342, F.A.C., will control.

(4) An individual permit required solely pursuant to both paragraph 62-330.020(2)(i), F.A.C., and Chapter 40C-44, F.A.C., shall be reviewed and acted upon in accordance with Chapter 40C-44, F.A.C., (October 1, 2013), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02533), and application for such permit shall be made in accordance with that chapter. A copy of Chapter 40C-44, F.A.C., may be obtained as provided in subsection 62-330.010(5), F.A.C.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.4136, 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History‒New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.055 Conceptual Approval Permits for Urban Infill or Redevelopment

A county or municipality may request a conceptual approval permit for activities occurring within urban infill and redevelopment areas or community redevelopment areas created under Chapter 163, F.S. Following approval of the conceptual permit, any construction, alteration, operation, maintenance or removal consistent with the conceptual permit may be authorized under a notice of intent to use the general permit for urban infill and redevelopment in Rule 62-330.450, F.A.C.

(1) An urban infill or redevelopment conceptual approval permit shall be reviewed as provided below and in Rule 62-330.056, F.A.C., but does not have to meet all of the stormwater quality and quantity design and performance criteria of Volume I and Volume II, provided the county or municipality submits a stormwater management master plan for the urban infill or redevelopment area that includes the following:

(a) Identification of the proposed urban infill or redevelopment area and the total contributing drainage area, including any major drainage basins and sub-basins;

(b) Identification of the receiving waters associated with the proposed urban infill or redevelopment area; and

(c) Calculation and assignment of the predevelopment annual loading of pollutants of concern as determined during the permit application review, on a drainage basin or sub-basin basis, for all areas to be included within the conceptual approval permit. Loadings must be specific to the types of land use and must be expressed as a “mass per area” basis. The basin or sub-basin loading assignments will serve as the pollutant goal for future urban infill or redevelopment in each of those areas (target pollutant load). Future development that meets the predevelopment pollutant load assignment will be presumed to meet the net improvement requirements of paragraph (2)(a), below.

(2) An application for a conceptual approval permit for urban redevelopment and infill activities shall also include the following:

(a) A demonstration that the redevelopment will achieve a net improvement of the quality of stormwater in accordance with Section 373.4131(1)(b)2., F.S.

(b) Documentation of the rate and volume of stormwater discharges existing as of the date of the application, and information sufficient to estimate the maximum rate and volume of stormwater discharges that will exist as of the date of issuance of the conceptual approval permit.

(c) A commitment that activities within the redevelopment area will use best management practices (BMPs) for stormwater treatment to the maximum extent practicable.

(d) Provisions demonstrating that the individual or regional stormwater management systems within the urban infill or redevelopment area will be operated and maintained in perpetuity, consistent with the terms and conditions of the conceptual approval permit.

(e) An identification of proposed construction and no-construction areas.

(f) An estimate of the maximum extent of impacts to wetlands and other surface waters and details of any proposed mitigation for those impacts.

(g) An estimate of the maximum amount of anticipated impervious surface and description of the stormwater treatment system for those areas.

(h) An identification of the general location and types of activities proposed on any state-owned submerged lands.

(i) A timetable for redevelopment, including the requested duration of the conceptual approval permit.

(3) Consistent with the approved stormwater management master plan, the conceptual approval permit will:

(a) Provide a ledger that indicates the target pollutant load (mass per area) for each drainage basin or sub-basin. Any general permit for construction that is submitted in association with the conceptual permit must demonstrate that the proposed project does not exceed the target pollutant load for the receiving waters.

(b) Provide the annual pollutant load (mass per area) for each type of land use category, and the pollutant removal efficiency for the anticipated BMPs to be employed. Activities requested under the general permit in Rule 62-330.450, F.A.C., that use the BMPs approved in the stormwater master plan, that reduce impervious surfaces, or that otherwise meet the pollutant loading target in the stormwater master plan, and that also comply with all the terms and conditions of the general permit, will result in a debit to the ledger. Once the entire pollutant load target is reached for the receiving waters, no more development is allowed under the general permit.

(c) Contain specific conditions necessary to ensure that the future applications for permits to construct, alter, operate, maintain, remove, or abandon systems authorized in the conceptual approval permit are consistent with the redevelopment conceptual approval permit and the general permit in Rule 62-330.450, F.A.C.

(d) Allow the rate and volume of stormwater discharges for stormwater management systems within the urban infill or redevelopment area to continue up to the maximum rate and volume of stormwater discharges allowed under Section 373.4131(1)(b)4., F.S.

(4) If changes are proposed to the design of existing or future phases, or where there have been changes to state water quality standards, special basins, or site characteristics during the duration of the conceptual approval permit, the applicant must modify the conceptual approval permit if it wishes to continue to rely on it as a basis that reasonable assurance exists for the Agency to issue future construction or operation permits under the terms and conditions of this section. If the permittee fails to do this, the conceptual approval permit can no longer be relied upon as a basis, in part or whole, under which permits to construct or operate future phases will be issued, and the Agency will reevaluate the terms and conditions of the conceptual approval permit at the time a permit application is received to construct the next phase of activities included in the original conceptual approval permit, or at the next requested extension of the conceptual approval permit duration in accordance with subsection 62-330.056(11), F.A.C., whichever occurs first.

(5) Issuance of the conceptual approval permit and activities undertaken under the general permit in Rule 62-330.450, F.A.C., must comply with the provisions of Section 373.4131(1)(b)1., F.S.

(6) An individual permit under this chapter is required for the construction, alteration, operation, maintenance, abandonment, or removal of activities covered by this conceptual approval permit that involve work in wetlands or other surface waters. The following must occur before the Agency can determine that the general permit in Rule 62-330.450, F.A.C., can be used to construct roads, parking areas, buildings, and other structures within the project area authorized by that individual permit, or on lands served by a stormwater management system authorized by that individual permit:

(a) The individual permit must be obtained;

(b) Dredging and filling necessary to prepare the land for future construction, including construction of any required stormwater management systems, must be completed in accordance with the individual permit; and

(c) Any mitigation required to offset adverse impacts from the work in wetlands and other surface waters must be initiated in conformance with the individual permit. When the applicant proposed the recording of a conservation easement over land as part of its mitigation, then a conservation easement acceptable to the agency must be recorded over the mitigation land consistent with the permitted mitigation plan. If the applicant proposed credits from a mitigation bank or regional offsite mitigation area as part of its mitigation, then such credits must be purchased consistent with the permitted mitigation plan.

(7) An urban infill or redevelopment conceptual permit shall be issued for 20 years, unless a shorter duration is requested. The permit shall be renewed at the request of the permittee for another 20 years, unless a shorter duration is requested, subject to activities remaining in compliance with this section and the terms and conditions of the general permit in Rule 62-330.450, F.A.C.

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.4131, 373.414(9), 373.4145, 373.418, 380.06, 403.805(1) FS. Law Implemented 373.016, 373.026, 373.409, 373.413, 373.4131, 373.414(9), 373.4141, 373.4142, 373.4145, 373.416, 373.422, 380.06 FS. History—New 10-1-13, Amended 6-1-18, 6-28-24.

Fla. Admin. Code R. 62-330.056 Other Conceptual Approval Permits

(1) A conceptual approval permit is available for an applicant who desires approval of design concepts for a master or future plan to construct, alter, operate, maintain, remove, or abandon projects that require an individual permit under this chapter. This includes activities that are to be developed in phases, such as phased development master plans and projects for which an Application for Development Approval has been made pursuant to part I of chapter 380, F.S., and whenever an applicant has not yet developed detailed design or construction plans for a future activity.

(2) A conceptual approval permit does not authorize any construction, alteration, operation, maintenance, removal, or abandonment, or the establishment and operation of a mitigation bank. Issuance of a conceptual approval permit does not relieve the holder of such a permit of any requirements to obtain a permit to construct, alter, operate, maintain, remove, or abandon projects that require a permit under this chapter, or to establish and operate a mitigation bank.

(3) An application for a conceptual approval permit shall be prepared and submitted using the procedures in Rule 62-330.060, F.A.C., and sections 4.2.3, 4.2.3.1, 4.3, and 4.4 of Volume I. An application for conceptual approval for a mitigation bank also shall include the materials required by Chapter 62-342, F.A.C.

(4) The application shall be reviewed and acted on in accordance with this section, Rules 62-330.062, 62-330.071, 62-330.075, 62-330.090, 62-330.301, and 62-330.302, F.A.C., and the Applicant’s Handbook. Agency review and action also shall be in accordance with Chapter 62-342, F.A.C., when the conceptual approval application involves a mitigation bank.

(5) An application for a conceptual approval permit may include a request for a permit to construct and operate the first phase of the activities. In such a case, a separate application and processing fee to construct and operate the first phase shall not be required. In all other cases, an individual permit to construct, alter, operate, maintain, remove, or abandon projects authorized by the conceptual approval permit must be obtained prior to initiating such activities.

(6) Any delineation of wetlands or other surface waters submitted as part of the conceptual approval permit application, including supporting documentation, shall not be considered binding unless a specific condition of the permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.

(7) Issuance of a conceptual approval permit is a determination that the conceptual plans are, within the extent of detail provided in the conceptual approval permit application, consistent with applicable rules at the time of issuance. A conceptual approval permit provides the conceptual approval permit holder with a rebuttable presumption, during the duration of the conceptual approval permit, that the engineering design and scientific principles upon which the conceptual approval permit are based (within the extent of detail provided in the conceptual approval permit) are likely to meet applicable rule criteria for issuance of permits for subsequent phases of the project, provided all of the following are met at the time of receipt of a complete application to construct or operate the future phases:

(a) The application to construct and operate the future phases remains consistent with the designs and conditions of the issued conceptual approval permit. Primary areas for consistency comparisons include the size, location and extent of the activities proposed, the type and nature of the activities, percent imperviousness, allowable discharge and points of discharge, location and extent of wetland and other surface water impacts, mitigation plans implemented or proposed, control elevations, extent of stormwater reuse, detention and retention volumes, and the extent of flood elevations.

If an application for construction of any portion of the land area contained within the conceptual approval permit is based upon designs that are inconsistent with the conceptual approval permit, the application will be reviewed to determine the extent to which the inconsistency will affect the designs and conditions for the remainder of the lands contained in the conceptual approval permit. If the inconsistency will materially affect those designs and conditions, then the applicant must demonstrate that the holder of the conceptual approval permit agrees to that inconsistency. In such a case, the holder of the conceptual approval permit may:

1. Modify the conceptual approval permit to conform to the revised design;

2. Abandon reliance on the conceptual approval permit; or

3. Rely on those portions of the conceptual approval permit for only those areas that were not affected by the inconsistency.

(b) There are no changes to state water quality standards, that would be affected by activities authorized in the conceptual approval permit that have not already been authorized for construction or operation.

(c) There have been no amendments to Florida law governing special basin criteria that would affect future activities authorized by the conceptual approval permit that have not already been authorized for construction.

(d) There are no substantive changes in the site characteristics that would affect whether the design concepts approved in the conceptual approval permit can continue to be reasonably expected to meet the conditions for authorizing construction of future phases. This shall include such things as designation of an affected waterbody as impaired, changes in the designation of listed species, and changes to nesting, denning, and critical designation status of listed species that exist within the lands served by the project area.

(8) If changes are proposed to the design of existing or future phases, or where there have been changes to state water quality standards, special basins, or site characteristics as described in paragraphs (7)(a) through (d), above, during the duration of a conceptual approval permit, the applicant must modify the conceptual approval permit if it wishes to continue to rely on it as a basis that reasonable assurance exists for the Agency to issue future construction or operation permits under the terms and conditions of this section. If the permittee fails to do this, the conceptual approval permit can no longer be relied upon as a basis, in part or whole, under which permits to construct or operate future phases will be issued, and the Agency will reevaluate the terms and conditions of the conceptual approval permit at the time a permit application is received to construct the next phase of activities included in the original conceptual approval permit, or at the next requested extension of the conceptual approval permit duration in accordance with subsection 62-330.056(11), F.A.C., whichever occurs first.

(9) The duration of a conceptual approval permit, other than for urban infill and redevelopment, is 20 years, provided a permit under this chapter is issued for the initial phase of construction or alteration, the authorized construction or alteration has begun within five years of the date the conceptual approval permit was issued, and the work remains in compliance with the terms and conditions of both the conceptual approval permit and all permits authorizing construction or alteration. The time periods of this subsection will be tolled if the reviewing agency is notified in writing, within five years of issuance of the conceptual approval permit, that administrative review under either of the following is pending:

(a) The project approved by the conceptual approval permit is undergoing Development of Regional Impact review pursuant to Section 380.06, F.S., and an administrative appeal of that review has been filed; or

(b) The issuance of the construction permit for the first phase is under administrative review pursuant to Section 120.569 or 120.57, F.S.

If notice is given as provided above, the five-year time period for obtaining a permit and commencing construction shall be tolled until the date of final action resolving such administrative appeal or review, including any judicial review.

(10) If a permit for construction or alteration of the initial phase is not obtained from the Agency and construction commenced within five-years of issuance of the conceptual approval permit, the conceptual approval permit will expire five years from its date of issuance.

(11) Prior to expiration of the conceptual approval permit, the permittee may submit a request to modify its duration. However, the application will be reviewed in consideration of the factors in subsections 62-330.056(7) and (8), F.A.C., at the time of submittal of each request to extend the duration and each subsequent permit application to construct another phase of the projects under the conceptual approval permit. Where substantive changes in the design are proposed by the applicant, or are required to address the factors in paragraphs (7)(b) through (d), above, the permittee must submit an application for a major modification of the conceptual approval permit, which must be approved prior to the Agency issuing a permit to construct or alter future phases.

(12) A permit under this chapter shall not be required to construct or alter projects consistent with a conceptual approval permit issued under Part IV of Chapter 373, F.S., prior to October 1, 2013; such construction or alteration shall continue to be governed by the rules in effect prior to October 1, 2013, unless modifications are proposed that will require a permit under this chapter in accordance with subsection 62-330.315(4), F.A.C.

(13) Conceptual approvals for ports are available under Section 373.4133, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.060 Content of Applications for Individual and Conceptual Approval Permits

Materials to include in an application or notice for a permit are described below. Applicants are encouraged to have a pre-application meeting or discussion with Agency staff prior to submitting the application or notice.

(1) An application for an individual permit or conceptual approval permit shall be made on Form 62-330.060(1), “Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State-Owned Submerged Lands”, including the information required in the applicable Sections A through I (December 22, 2020), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12036), a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., or by use of the equivalent e-application form of the applicable Agency. Attachments 1, 2, and 3 of the form (containing agency contacts and a summary of the application fees related to applications and notices) are not incorporated by reference, but are available at https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/forms-environmental-resource.

(2) The application must include all material requested in the application form; the processing fee in accordance with Rule 62-330.071, F.A.C.; and other information needed to provide reasonable assurance that the proposed activities meet the conditions for issuance in Rule 62-330.301, F.A.C., the additional conditions for issuance in Rule 62-330.302, F.A.C., and the Applicant’s Handbook.

(3) The applicant must certify that it has sufficient real property interest over the land upon which the activities subject to the application will be conducted, as required in Section A of Form 62-330.060(1) and Section 4.2.3(d) of the Applicant’s Handbook Volume I. The applicant or the applicant’s authorized agent must sign Part 4.A. of the application, and the applicant must sign Part 4.B. If the applicant’s authorized agent signs Part 4.A, the applicant also must sign Part 4.C.

(4) An application for an individual permit also constitutes an application to operate and maintain the project. The application must specify the entity that will operate and maintain the project. If the applicant proposes an entity other than the current owner to operate and maintain the proposed project, documentation must be included demonstrating how such entity will meet the requirements of sections 12.3 through 12.3.4 of Volume I. A homeowner’s or property owner’s association (“HOA” or “POA,” respectively) draft association documents designating the HOA or POA as the operating entity, and prepared in conformance with sections 12.3 through 12.3.4 of Volume I, shall satisfy this requirement. This provision of the association documents may not be modified without a permit modification in accordance with Rule 62-330.315, F.A.C.

History

• Rulemaking Authority 373.044, 373.113, 373.171, 373.4131 FS. Law Implemented 373.042, 373.413, 373.4131, 373.416, 668.003, 668.004, 668.50 FS. History–New 10-1-13, Amended 6-1-18, 12-22-20.

Fla. Admin. Code R. 62-330.061 Submittal of Applications and Notices to Agency Offices

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.118, 373.4131, 373.4145, 373.418, 403.805(1), 668.003, 668.004, 668.50 FS. Law Implemented 373.026, 373.118, 373.413, 373.4131, 373.4145, 373.416, 373.426, 668.003, 668.004, 668.50 FS. History–New 10-1-13, Repealed 11-26-15.

Fla. Admin. Code R. 62-330.062 Water Quality Certification and Coastal Zone Consistency Concurrence

(1) A State Water Quality Certification under Section 401 of the Clean Water Act, 33 U.S.C. Section 1341, shall be provided as described below.

(a) A complete application for an individual or conceptual approval permit shall constitute an application for certification of compliance with state water quality standards for activities that require an associated Department of the Army permit or license under Section 404 of the Clean Water Act, 33, U.S.C. 1344. Issuance of the individual or conceptual approval permit under this chapter shall constitute certification of compliance with water quality standards, unless water quality certification is waived in accordance with paragraph (1)(c), below.

(b) State water quality certification is granted when an activity meets all the terms and conditions of a general permit under Rule 62-330.052, F.A.C., and the applicable Rules 62-330.401 through 62-330.635, F.A.C.

(c) State water quality certification is waived for activities:

1. That are not regulated under Rule 62-330.020, F.A.C.

2. That are exempt under Rule 62-330.051 or 62-330.0511, F.A.C.

3. That require net improvement of water quality under Section 373.414(1)(b), F.S., including permits issued under Rule 62-330.055, F.A.C.

4. When the individual or conceptual approval permit is not issued or denied within 365 days of the date the application is deemed complete by the Agency.

5. When the permit or authorization expressly waives water quality certification.

(2) A complete application for an individual or conceptual approval permit for activities located in or seaward of coastal counties, and, in whole or in part, in, on, or over wetlands or other surface waters, shall also constitute a request for the State’s concurrence that the activities are consistent with the enforceable policies included in the Florida Coastal Management Program (FCMP) under the “Coastal Zone Management Act” (CZMA), 16 U.S.C. Sections 1451-1466, and its implementing regulations, 15 C.F.R. Part 930. In accordance with Section 380.23, F.S.:

(a) Qualification for a general permit, or issuance of an individual or conceptual approval permit shall constitute the state’s concurrence that the activity is consistent with the enforceable policies included in the FCMP.

(b) Applications for federally permitted or licensed activities that qualify for an exemption under Section 373.406 or 403.813(1), F.S., and this chapter, or the “10/2” general permit under Section 403.814(12), F.S., are not eligible to be reviewed for federal consistency with Part IV of Chapter 373, F.S. The U.S. Army Corps of Engineers (Corps) or any designated federal, state or local agency administering general permits on behalf of the Corps under 33 C.F.R. Section 325.2(b)(2) may presume such exempt activities are consistent with the permitting Agency’s authorities within the FCMP, provided the activity receives any applicable authorization to use and occupy state-owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.418, 380.23(4), 403.0877, 403.805(1) FS. Law Implemented 373.026(7), 373.109, 373.117, 373.118, 373.413, 373.4131, 373.4141, 373.4145, 373.416, 373.426, 373.428, 380.23, 403.0877 FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.071 Fees

(1) A processing fee is required to be submitted with an application, notice, or petition under this chapter. The amount of the fee is specified in the following rules of the applicable Agency where the application, notice, or petition is submitted. The rules in paragraphs (b) through (e), below, are incorporated by reference herein. A copy of the incorporated material may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(a) Department or Northwest Florida Water Management District ‒ Rule 62-4.050, F.A.C.

(b) Suwannee River Water Management District ‒ Rule 40B-1.706, F.A.C., (October 1, 2013), (https://www.flrules.org/Gateway/reference.asp?No=Ref-02534)

(c) St. Johns River Water Management District ‒ Rule 40C-1.603, F.A.C., (October 1, 2013), (https://www.flrules.org/Gateway/reference.asp?No=Ref-02535)

(d) Southwest Florida Water Management District ‒ Rule 40D-1.607, F.A.C., (October 1, 2013), (https://www.flrules.org/Gateway/reference.asp?No=Ref-02536)

(e) South Florida Water Management District Rule ‒ Rule 40E-1.607, F.A.C., (October 1, 2013), (https://www.flrules.org/Gateway/reference.asp?No=Ref-02537).

(f) The processing fee for applications, notices, or petitions that are the responsibility of a local government delegated to implement this chapter under Section 373.441, F.S., shall be established by the local government in accordance with the Delegation Agreement between the Department and the local government incorporated by reference in Chapter 62-113, F.A.C.

(2) Processing fees submitted in the form of a check shall be made payable to the Agency. Electronic payment will be in accordance with the procedures established by the applicable Agency.

(3) If an applicant withdraws an application for individual or conceptual approval permit prior to Agency action, any processing fee submitted with that application shall be applied to the processing fee for a new application or notice received from the same applicant if done within 365 days from when the original application was withdrawn, provided the activity is located within all or part of the same project area. In such a case, additional processing fees will be required only to collect the balance due for the activities proposed in the revised application or notice. Processing fees previously paid for an application or notice that was denied by the Agency shall not be applied to a new or revised application or notice.

(4) A processing fee shall not be assessed for applications and notices under this chapter submitted by the Army, Navy, Air Force, Coast Guard, Marine Corps, or National Guard branches of the U.S. Department of Defense.

History

• Rulemaking Authority 373.026(7), 373.043, 373.109, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 218.075, 373.109, 373.4131, 373.4145, 373.418, 373.421 FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.075 Additional Requirements and Procedures for Concurrent Review of Related Applications

(1) A single application shall be submitted and reviewed for activities that require both an individual permit under this chapter and a proprietary authorization under Chapter 253 or 258, F.S., to use state-owned submerged lands. In such cases, the application shall not be deemed complete, and the timeframes for approval or denial shall not commence, until all information required by applicable provisions of Part IV of Chapter 373, F.S., and proprietary authorization under Chapter 253 or 258, F.S., and rules adopted thereunder for both the environmental resource permit and the proprietary authorization is received.

(2) No application under this section shall be approved until all the requirements of applicable provisions of Part IV of Chapter 373, F.S., and proprietary authorization under Chapter 253 or 258, F.S., and rules adopted thereunder for both the individual permit and the proprietary authorization are met. The approval shall be subject to all conditions of the regulatory permit and proprietary authorization, and any additional conditions imposed by such statutes or rules.

(3) For an application reviewed under this section for which a request for proprietary authorization to use state-owned submerged lands has been delegated to the Agency to take final action without action by the Board of Trustees of the Internal Improvement Trust Fund, the Agency shall issue a consolidated notice of intent to issue or deny the individual permit and the proprietary authorization within 60 days of receiving a complete application under this section. Waiving or tolling the timeframes for final action on the application under this section shall constitute a waiver or tolling of the timeframes for final action on the individual or conceptual approval permit application.

(4) For an application reviewed under this section for which the request for proprietary authorization to use state-owned submerged lands has not been delegated to the Agency to take final action without action by the Board of Trustees of the Internal Improvement Trust Fund, the application shall be reviewed and final agency action taken in accordance with the procedures in Sections 373.427(2)(a) through (c), F.S. The recommended consolidated intent, as required in Section 373.427(2)(a), F.S., shall be considered issued when the Agency submits it for publication on the Board of Trustees’ agenda, and releases it to the applicant and to any person to whom notice is required under Rule 62-330.090, F.A.C.

(5) Upon the issuance of the consolidated notice or recommended consolidated notice of intent to issue or deny pursuant to subsection (4), above, the Agency shall be deemed to be in compliance with the timeframes for approval or denial in Section 120.60(1), F.S. Failure to satisfy these timeframes shall not result in approval by default of the application to use state-owned submerged lands. Also, if an administrative proceeding under Sections 120.569 and 120.57, F.S., is properly requested on both the individual or conceptual approval permit and the proprietary authorization under this section, the review shall be conducted as a single consolidated administrative proceeding, and final agency action shall not be taken on either authorization until the administrative proceeding is concluded.

(6) Appellate review of any consolidated order under this section is governed by Section 373.4275, F.S.

(7) For an activity requiring a permit under Section 161.041, F.S., and an individual or conceptual approval permit under this chapter, a joint coastal permit shall be required, as provided in Chapter 62B-49, F.A.C., in place of the individual or conceptual approval permit under this chapter.

(8) This section shall be applicable to all applications for individual or conceptual approval permits under this chapter, and proprietary authorizations under Chapter 253 or 258, F.S., to use state-owned submerged lands, that are received by the Agency after October 1, 2013. If an applicant requests that its application for an individual or conceptual approval permit under this chapter, and proprietary authorizations under Chapter 253 or 258, F.S., to use state-owned submerged lands, received prior to October 1, 2013, be processed under this rule, such request shall be granted if the applications for both are incomplete as of October 1, 2013.

(9) Nothing in this section shall be construed to limit an applicant’s ability to make separate applications for stages, phases, or portions of a project separate from an activity requiring both a proprietary authorization under Chapter 253 or 258, F.S., and an individual or conceptual approval permit under this chapter.

History

• Rulemaking Authority 161.055, 253.03(7), 253.77, 258.43, 373.026, 373.043, 373.044, 373.4131, 373.418, 373.427, 403.805(1) FS. Law Implemented 120.60, 161.041, 161.055, 253.03, 253.77, 258.42, 258.43, 373.026, 373.413, 373.4131, 373.416, 373.427, 373.4275 FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.090 Processing of Individual and Conceptual Approval Permit Applications

(1) The Agency shall review, notice, and issue a request for any required additional information in accordance with section 5.5.3 of Volume I.

(2) Pending applications shall be exempt from changes in the rules adopted after an application has been deemed complete except as otherwise provided by law or in this chapter.

(3) If an applicant submits a processing fee in excess of the required fee, the Agency shall begin processing the application and shall refund to the applicant the amount received in excess of the required fee. If an applicant fails to provide the complete processing fee, the Agency will inform the applicant of the amount of additional fee required, and the application will not be complete until the complete processing fee is received, along with the other materials that have been timely requested in accordance with section 5.5.3 of Volume I. The Agency cannot be compelled to issue a permit in advance of receipt of the required fee or any other material required by the Agency to deem an application complete.

(4) If a substantial revision is submitted to a pending application, other than revisions proposed to reduce adverse impacts identified by the Agency, the applicant shall pay the difference between the processing fees already submitted and any additional fees required for the revised application under Rule 62-330.071, F.A.C. In such a case, the time frames in section 5.5.3 of Volume I for processing the application shall be restarted.

(5) In addition to the procedures in this section, processing of the application will be performed in accordance with sections 5.5 through 5.6 of Volume I.

(6) A permit shall only be issued to an entity meeting the requirements of section 4.2.3(d) of Volume I.

(7) The Agency shall cause a “Recorded Notice of Environmental Resource Permit” Form No. 62-330.090(1), (June 1, 2018), incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-09362), a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., to be recorded in the public records of the county where the property is located unless otherwise noted in the permit. This notice shall not be considered an encumbrance upon the property. Such notice need not be recorded when the entire activity:

(a) Is for an individual, single-family residence, duplex, triplex, or quadruplex that is not part of a larger common plan of development or sale proposed by the permittee, except when the permit specifies that recording is necessary to ensure future owners are advised of long-term operational and maintenance requirements, or conservation provisions;

(b) Is authorized by a general permit under this chapter;

(c) Is temporary (not to exceed one year) in nature;

(d) Has no long term maintenance or operation requirements associated with it;

(e) Is located within lands encumbered by a real property interest held by a federal, state, county, or municipal government entity, including a school, university, or college;

(f) Is a utility within an easement recorded in the official records; or

(g) Is within the permit area of an existing permit for which a Notice has already been recorded, and the permit modification does not change the permit area.

(8) An applicant may waive the timeframes in section 5.5.4 of Volume I if the project also requires a State 404 Program authorization under Chapter 62-331, F.A.C., that must be reviewed using the timeframes in that chapter. Waiving the timeframes allows the Agency(ies) to issue agency action for both authorizations at the same time. This is strongly recommended by the Agencies to ensure consistency between the authorizations and to reduce the potential need for project modifications to resolve inconsistencies that may occur when the agency actions are issued at different times.

History

• Rulemaking Authority 373.026(7), 373.043, 373.116, 373.118, 373.413, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.109, 373.118, 373.4131, 373.4141, 373.4145 FS. History–New 10-1-13, Amended 6-1-18, 12-22-20.

Fla. Admin. Code R. 62-330.100 Purpose and Intent

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414, 373.415, 373.418, 373.4211(22), (25), 373.461, 380.06(9), 403.805(1) FS. Law Implemented 373.019, 373.042, 373.0421, 373.085, 373.086, 373.109, 373.118, 373.119, 373.129, 373.136, 373.403, 373.406, 373.413, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2)-(6), 373.4211(22), 373.439, 373.461, 380.051, 380.06(9), 403.813(1), 403.414, 403.0877 FS. History–New 12-7-92, Formerly 17-330.100, Amended 10-3-95, Repealed 10-1-13.

Fla. Admin. Code R. 62-330.200 Rules Adopted by Reference

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414, 373.415, 373.418, 373.461, 380.06(9), 403.0877 FS. Law Implemented 373.019, 373.042, 373.0421, 373.085, 373.086, 373.109, 373.118, 373.119, 373.129, 373.136, 373.403, 373.406, 373.413, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.419, 373.421(2)-(6), 373.4211(22), (25), 373.422, 373.423, 373.426, 373.427, 373.429, 373.430, 373.433, 373.436, 373.439, 373.461, 380.06(9), 403.0877, 403.813(1) FS. History–New 12-7-92, Formerly 17-330.200, Amended 10-3-95, 6-6-96, 8-21-00, 9-4-05, 12-5-05, 6-5-06, 8-2-06, 8-2-06, 8-1-10, Repealed 10-1-13.

Fla. Admin. Code R. 62-330.201 Determinations of the Landward Extent of Wetlands and Other Surface Waters

(1) For any application that requires a determination or assessment of the landward extent of wetlands and other surface waters pursuant to section 7.1 of Volume I, Agency staff shall use Form 62-330.201(1), “Chapter 62-340, F.A.C., Date Form”, (December 22, 2020), incorporated by reference by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12037), as described in Volume I section 7.1.1, to document verification of determinations of the landward extent of wetlands and other surface waters for formal determinations and for applications for individual and conceptual approval permits. The “Chapter 62-340, F.A.C., Data Form Guide” in Appendix J of Volume I, and the “Chapter 62-340, F.A.C., Data Form Instructions” in Appendix K of Volume I, is available to assist staff in completion of the form, and to assist other environmental professionals in performing delineations.

(a) For the delineation of the landward extent of wetlands and other surface waters, at least one data point along the delineation boundary shall be verified and documented by the Agency during the visual site inspection pursuant to subsection 62-340.100(1), F.A.C. A delineation data point will be documented for each homogenous boundary within the site inspection area. One delineation data point representative of homeogeneous boundaries found in other locations throughout the site is sufficient for documentation. Documentation of a delineation data point shall include two data forms: one representative of the waterward area adjacent to the data point, the other representative of the landward or upland area adjacent to the data point. The two complete data forms at the delineation data point will document failure or satisfaction of all methodology criteria pursuant to Chapter 62-340, F.A.C., and charges in evidence used to determine the boundary delineation at that point.

(b) For identification or conclusions regarding the absence or presence of a non-wetland surface water, wetland, or upland classification by the Agency within the site inspection area, at least one data point within homogenous areas of classification shall be verified and documented by the Agency during the visual site inspection pursuant to subsection 62-340.100(1), F.A.C. One data point representative of homogeneous areas found in other locations throught the site is sufficient for documentation. Documentation of an identification data point shall include one data form representative of the area of classification. The data form at an identification data point will document failure or satisfaction of all methodology criteria pursuant to Chapter 62-340, F.A.C., and evidence used to determine the upland, wetland, or non-wetland surface water classification.

(2) Formal determinations.

(a) A real property owner, an entity having a contract to purchase real property, an entity having the power of eminent domain, or any other person who has legal or equitable interest in real property, may petition the Agency for a formal determination of the landward extent of wetlands and other surface waters for that property pursuant to Section 373.421(2), F.S. A formal determination means the Agency will make a binding determination of the landward extent (boundaries) of wetlands and other surface waters as defined by Chapter 62-340, F.A.C. A formal determination is binding on the real property for which that determination is sought for as long as the determination is valid, in accordance with Sections 373.421(2) and (3), F.S. If the petitioner is not the owner of the land, the petitioner must provide the Agency with information sufficient to contact the current owner, and the Agency shall provide notice of receipt of the petition to the landowner.

(b) Procedures for the submittal, review, noticing, and action on a petition for a formal determination are contained in sections 7.2 through 7.2.7 of Volume I. The petition shall be submitted using Form 62-330.201(2), “Petition for a Formal Determination of the Landward Extent of Wetlands and Other Surface Waters,” (December 22, 2020), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12038). It shall be submitted with the fee prescribed in rule 62-330.071, F.A.C.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.421(2), 403.0877 FS. Law Implemented 120.54(5)(a), 373.026, 373.4131, 373.421(2), 373.441 FS. History–New 7-4-95, Amended 8-14-96, 8-16-98, 2-19-03, Formerly 62-343.040, Amended 10-1-13, 6-1-18, 12-22-20.

Fla. Admin. Code R. 62-330.301 Conditions for Issuance of Individual and Conceptual Approval Permits

(1) To obtain an individual or conceptual approval permit, an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal, or abandonment of the projects regulated under this chapter:

(a) Will not cause adverse water quantity impacts to receiving waters and adjacent lands;

(b) Will not cause adverse flooding to on-site or off-site property;

(c) Will not cause adverse impacts to existing surface water storage and conveyance capabilities;

(d) Will not adversely impact the value of functions provided to fish and wildlife and listed species by wetlands and other surface waters;

(e) Will not adversely affect the quality of receiving waters such that the state water quality standards set forth in Chapters 62-4, 62-302, 62-520, and 62-550, F.A.C., including the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), F.A.C., subsections 62-4.242(2) and (3), F.A.C., and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C., will be violated;

(f) Will not cause adverse secondary impacts to the water resources. In addition to the criteria in this subsection and in subsection 62-330.301(2), F.A.C., in accordance with Section 373.4132, F.S., an applicant proposing the construction, alteration, operation, maintenance, abandonment, or removal of a dry storage facility for 10 or more vessels that is functionally associated with a boat launching area must also provide reasonable assurance that the facility, taking into consideration any secondary impacts, will meet the provisions of paragraph 62-330.302(1)(a), F.A.C., including the potential adverse impacts to manatees;

(g) Will not adversely impact the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S.;

(h) Will not cause adverse impacts to a Work of the District established pursuant to Section 373.086, F.S.;

(i) Will be capable, based on generally accepted engineering and scientific principles, of performing and functioning as proposed;

(j) Will be conducted by a person with the financial, legal and administrative capability of ensuring that the activity will be undertaken in accordance with the terms and conditions of the permit, if issued; and

(k) Will comply with any applicable special basin or geographic area criteria established as follows:

1. Within the Northwest Florida Water Management District, Section 6.0 (Special Basin Criteria for Sensitive Karst Areas, including Appendix A) of Volume II.

2. Within the Suwannee River Water Management District, Section 5.9 (Sensitive Karst Areas) of Volume II.

3. Within the St. Johns River Water Management District:

a. Chapter 40C-41, F.A.C., “Surface Water Management Basin Criteria,” (October 1, 2013), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02551).

b. Sections 13.0 through 13.8.3 (Part VI, Basin Criteria), of Volume II.

4. Within the South Florida Water Management District:

a. Chapter 40E-41, F.A.C., “Surface Water Management Basin and Related Criteria,” (December 1, 2011), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02554).

b. Chapter 40E-63, F.A.C., “Everglades Program,” (November 9, 2010), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02557).

c. For activities within the Outstanding Florida Waters of Monroe County, Rules 62-312.400 through 62-312.460, F.A.C.

Copies of incorporated material may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(2) Information shall be provided for dam systems, in accordance with Volume I, section 8.4.5, on Form 62-330.301(25), “Dam Systems Information,” which is incorporated by reference herein (June 28, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15353).

(3) In instances where an applicant is unable to meet state water quality standards because existing ambient water quality does not meet standards and the system will contribute to this existing condition, the applicant must implement mitigation measures that are proposed by, or acceptable to, the applicant that will cause net improvement of the water quality in the receiving waters for those parameters that do not meet standards. The applicant shall demonstrate such net improvement whereby the pollutant loads discharged from the post-development condition for the proposed project shall be demonstrated to be less than those discharged based on the project’s pre-development condition.

(4) To calculate the discharged pollutant loads, an applicant shall use total nitrogen (TN) and total phosphorus (TP) event mean concentration (EMC) values in accordance with Volume I. Applicants must use the most up-to-date verified EMC values, where available, for their project region. An applicant may use EMC values which are derived from regional, local government studies, or Agency which have been accepted by the Agency or adopted by the Department. An applicant may use EMC values derived from a regional or local government study which are not listed if the study meets the applicable criteria given in section 9.2.2(b) of Volume I. If no appropriate regional studies or EMC values exist for the proposed project area, the applicant shall use the EMC values listed in section 9 of Volume I. Agency-accepted studies include:

(a) Sanibel Nutrient Management Plan Phase 2: Development of Stormwater Runoff Coefficients, Nutrient Concentrations and Loading Estimates for Sanibel Island, Florida, Sanibel-Captiva Conservation Foundation Marine Laboratory, Mark Thompson, M.S., and Eric Milbrandt, Ph.D., City of Sanibel, December 2014, incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-15355).

(5) In addition to the criteria in Chapter 62-330, F.A.C., applications for a mitigation bank must also meet the criteria of Chapter 62-342, F.A.C.

(6) The standards and criteria used to determine whether the reasonable assurances required in this section and Rule 62-330.302, F.A.C., have been provided, including the provisions for elimination or reduction of impacts and mitigation to offset adverse impacts, are contained in Volume I, incorporated by reference in subsection 62-330.010(4), F.A.C., and Volume II, incorporated by reference in subsection 62-330.010(4), F.A.C., for the applicable District.

(7) Forms for demonstrating that an applicant has met the financial responsibility requirements of sections 10.3.7 through 10.3.7.9 of Volume I shall be in substantial conformance with the forms incorporated by reference below, a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(a) Form 62-330.301(1), “Performance Bond to Demonstrate Financial Assurance for Mitigation,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09364).

(b) Form 62-330.301(2), “Irrevocable Letter of Credit to Demonstrate Financial Assurance for Mitigation,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09365).

(c) Form 62-330.301(3), “Standby Trust Fund Agreement to Demonstrate Financial Assurance for Mitigation,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09367).

(d) Form 62-330.301(4), “Trust Fund Agreement to Demonstrate Financial Assurance for Mitigation,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09368).

(e) Form 62-330.301(5), “Escrow Agreement,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09369).

(f) Form 62-330.301(6), “Guarantee Bond to Demonstrate Financial Assurance for Mitigation,” (October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02488).

(8) Forms for recording of a conservation easement in the public records in favor of the Agency shall be in substantial conformance with the forms incorporated by reference below, a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. The use of these forms shall constitute consistency with section 704.06, F.S. Where the applicant demonstrates that project specific conditions necessitate deviation from language of the accepted forms, alternative language shall be accepted provided that the intent of Section 704.06, F.S., and section 10.3.8 of Volume I continue to be met:

(a) Form 62-330.301(8), “Deed of Conservation Easement‒Standard,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09370).

(b) Form 62-330.301(9), “Deed of Conservation Easement‒Standard, with Third Party Beneficiary Rights,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09371).

(c) Form 62-330.301(10), “Deed of Conservation Easement‒Passive Recreational Uses,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09372).

(d) Form 62-330.301(11), “Deed of Conservation Easement‒Riparian Uses,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09373).

(e) Form 62-330.301(12), “Deed of Conservation Easement–for Local Governments,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09374).

(f) Form 62-330.301(13), “Deed of Conservation Easement–Third Party Beneficiary Rights to the U.S. Army Corps of Engineers,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09375).

(g) Form 62-330.301(14), “Declaration of Restrictive Covenants,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09376).

(h) Form 62-330.301(15), “Declaration of Restrictive Covenants‒Insert,” (October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02496).

(i) Form 62-330.301(16), “Temporary Easement for Construction Access,” (October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02497).

(j) Form 62-330.301(17), “Permanent Access Easement,” (October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02498).

(k) Form 62-330.301(18), “Joint Deed of Conservation Easement–Standard (within Broward County),” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09377).

(l) Form 62-330.301(19), “Joint Deed of Conservation Easement–Standard, with Third Party Beneficiary Rights (within Broward County),” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09378).

(m) Form 62-330.301(20), “Joint Deed of Conservation Easement–Passive Recreational Uses (within Broward County),” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09379).

(n) Form 62-330.301(21), “Joint Deed of Conservation Easement–Riparian Uses (within Broward County),” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09380).

(o) Form 62-330.301(22), “Joint Deed of Conservation Easement–Local Governments (within Broward County),” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09381).

(p) Form 62-330.301(23), “Joint Deed of Conservation Easement–Third Party Beneficiary Rights to the U.S. Army Corps of Engineers (within Broward County),” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09382).

(q) Form 62-330.301(24), “Deed of Conservation Easement for Mitigation Banks–Third Beneficiary Rights to U.S. Army Corps of Engineers,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09383).

(9) Form 62-330.301(26), “Certification of Financial Capability for Perpetual Operations and Maintenance Entities,” (June 28, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15356), for demonstrating that an applicant has met the financial capability requirements of section 12 of Volume I, is incorporated by reference herein. A copy may be obtained from the Agency as described in subsection 62-330.010(5), F.A.C.

(10) An overwater pier, dock, or similar structure located in a deepwater port listed in section 311.09, F.S., does not require treatment of stormwater runoff from its impervious surfaces subject to the requirements of section 373.406(12), F.S.

History

• Rulemaking Authority 373.026(2), 373.026(4), 373.026(7), 373.043, 373.117, 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.016, 373.026, 373.042, 373.109, 373.117, 373.403, 373.409, 373.413, 373.4131, 373.4132, 373.414(9), 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.422, 373.423, 373.426, 373.429, 403.061, 403.067(7), 403.0891, 668.003, 668.004, 668.50, 704.06 FS. History—New 10-1-13, Amended 6-1-18, 6-28-24.

Fla. Admin. Code R. 62-330.302 Additional Conditions for Issuance of Individual and Conceptual Approval Permits

(1) In addition to the conditions in Rule 62-330.301, F.A.C., to obtain an individual or conceptual approval permit under this chapter, an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, repair, removal, and abandonment of a project:

(a) Located in, on, or over wetlands or other surface waters will not be contrary to the public interest, or if such activities significantly degrade or are within an Outstanding Florida Water, are clearly in the public interest, as determined by balancing the following criteria as set forth in sections 10.2.3 through 10.2.3.7 of Volume I:

1. Whether the activities will adversely affect the public health, safety, or welfare or the property of others;

2. Whether the activities will adversely affect the conservation of fish and wildlife, including endangered or threatened species, or their habitats;

3. Whether the activities will adversely affect navigation or the flow of water or cause harmful erosion or shoaling;

4. Whether the activities will adversely affect the fishing or recreational values or marine productivity in the vicinity of the activity;

5. Whether the activities will be of a temporary or permanent nature;

6. Whether the activities will adversely affect or will enhance significant historical and archaeological resources under the provisions of Section 267.061, F.S.; and

7. The current condition and relative value of functions being performed by areas affected by the proposed activities.

(b) Will not cause unacceptable cumulative impacts upon wetlands and other surface waters as set forth in sections 10.2.8 through 10.2.8.2 of Volume I.

(c) Located in, adjacent to or in close proximity to Class II waters or located in Class II waters or Class III waters classified by the Department of Agriculture and Consumer Services as approved, restricted, conditionally approved, or conditionally restricted for shellfish harvesting will comply with the additional criteria in section 10.2.5 of Volume I.

(d) Involving vertical seawalls in estuaries or lagoons will comply with the additional criteria provided in section 10.2.6 of Volume I.

(2) When determining whether an applicant has provided reasonable assurances that the permitting standards of this chapter will be met, the Agency shall consider the applicant’s violation of any rules adopted pursuant to Sections 403.91 through 403.929, F.S. (1984 Supp.), as amended, or Part IV, Chapter 373, F.S., and efforts taken by the applicant to resolve these violations.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.414(9), 403.805(1) FS. Law Implemented 373.042, 373.413, 373.4131, 373.414, 373.416, 373.426, 380.23 FS. History–New 10-1-13, Amended 6-1-18, Reviewed 7-17-26.

Fla. Admin. Code R. 62-330.310 Operation and Maintenance

(1) The permit authorizing construction or alteration must be converted to the operation and maintenance phase once the construction or alteration has been completed. The construction or alteration authorized under an individual permit must be certified to be in compliance with the permit before conversion of the permit to the operation and maintenance phase. Procedures for converting the permit to the operation and maintenance phase, and transferring the permit to the perpetual operation and maintenance entity are described in sections 12 of Volume I.

(2) If the permittee is also the operation and maintenance entity or if a separate entity is to operate and maintain the project, the entity must demonstrate that it will have the financial, legal, and administrative capability to perform operation and maintenance, as described in sections 12.1 through 12.3.5 of Volume I. Transfer of the permit to the operation and maintenance entity that was approved as part of the permit does not require a permit modification.

(3) If the permittee desires to change or add operation and maintenance entities after the permit is issued, or to allow for multiple entities to operate portions of the project, a permit modification under Rule 62-330.315, F.A.C., must be requested and approved before transfer of the permit to the new entity or entities. Such permit modification request must include a demonstration that the new entity or entities meet the requirements of subsection (2), above. If an interdependent system will have multiple operation and maintenance entities, that modification request must also demonstrate that each entity that will operate and maintain an interdependent part of the system has the capability to operate and maintain all parts of the system necessary to remain in compliance with all conditions of the permit.

(4)(a) For individual permits NOT associated with an individual, private single-family dwelling unit, duplex, triplex, or quadruplex:

1. Upon completion of construction, and following the general conditions in paragraphs 62-330.350(1)(f) and (g), F.A.C., the permittee shall submit both of the following to the permitting Agency:

a. Form 62-330.310(1), “As-Built Certification and Request for Conversion to Operation Phase,” which is incorporated by reference herein (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09384); and

b. Form 62-330.310(2), “Request for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance Entity,” which is incorporated by reference herein (June 28, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15357).

2. The permit will be converted to the operation and maintenance phase upon a certification by the permittee and concurrence by the Agency that the entire project, or an independent portion of the project, has been constructed in compliance with the permit.

3. The permit will be transferred to the operation and maintenance entity once the Agency has verified that the entity meets the requirements of section 12.3 of Volume I, all applicable operation and maintenance documents have been recorded in accordance with sections 12.3.4 and 12.3.5 of Volume I, and the entity has accepted responsibility for operation and maintenance of the project or independent portion of the project. The entity is required to sign Form 62-330.310(2), except when the operation and maintenance entity has been accepted at the time of issuance of the permit for the construction phase, or as part of a permit modification.

(b) For individual permits for an individual, private single family dwelling unit, duplex, triplex, or quadruplex, the permit will automatically convert to the operation and maintenance phase upon completion of construction and the Agency’s receipt from the permittee, in accordance with the general conditions in paragraph 62-330.350(1)(f), F.A.C., of a completed Form 62-330.310(3), “Construction Completion and Inspection Certification for Activities Associated with a Private Single-Family Dwelling Unit,” (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09386), which is incorporated by reference herein, certifying that the project was constructed in accordance with the permit.

(c) Copies of the above forms may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(5) Projects authorized under a general permit shall, upon completion, be operated and maintained in perpetuity by the permittee and subsequent owners of the land on which the project is located.

(6) The operation and maintenance entity or entities shall remain liable for compliance with the terms of the permit in perpetuity, unless the permit is transferred in accordance with Rule 62-330.340, F.A.C., or the permit is modified in accordance with subsection (3), above.

(7)(a) The operation phase of mining activities subject to the land reclamation requirements of Chapter 378, F.S., shall terminate, without the need to apply for abandonment of the permit, after the mine, or its subunits as applicable:

1. Has been successfully reclaimed in accordance with Chapter 378, F.S., other than lands disturbed by mining operations that are not subject to the requirements of Chapter 378, F.S.;

2. Has met all success requirements of the individual permit issued under Part IV of Chapter 373, F.S.; when the construction phase of the permit includes all phases of construction, abandonment, reclamation, and final success determination over reclaimed lands; and

3. Does not contain components that require long-term operation or maintenance, such as: stormwater management systems; achievement of mitigation success criteria; work in conservation easements requiring a permit under this chapter; state-owned submerged lands authorizations; dams; above-grade impoundments; works; water control structures; erosion and sedimentation controls; or dewatering pits.

(b) If a mine is already operating under an operation and maintenance phase of an individual permit, such operation and maintenance phase shall be allowed to terminate upon successful completion of all phases of reclamation and receipt of final success determinations by the Agency over lands reclaimed in accordance with the rules adopted pursuant to Chapter 378, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.416, 373.418, 403.805(1) FS. Law Implemented 373.026, 373.118, 373.4131, 373.4141, 373.416, 373.419, 373.426, 373.429, 403.031(14)-(18), 403.031(21), 668.003, 668.004, 668.50 FS. History—New 10-1-13, Amended 6-1-18, 6-28-24.

Fla. Admin. Code R. 62-330.311 Inspections and Reporting

(1) The operation and maintenance entity shall provide for the inspection of the permitted project after conversion of the permit to the operation and maintenance phase as provided in section 12.5 of Volume I. Inspections are to be conducted and reported as described in section 12.5 of Volume I. Inspection and reporting frequencies for the specific project are subject to revision through permit conditions, based on site- and activity-specific operational and maintenance requirements.

(2) Within 30 days of a stormwater management system inspection, or within 30 days of any failure of a stormwater management system or deviation from the permit, a report shall be submitted to the Agency using Form 62-330.311(1), “Operation and Maintenance Inspection Certification,” (June 28, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15358), incorporated by reference herein, describing the remedial actions taken to resolve the failure or deviation.

(3) The inspection report shall include the information required in Form 62-330.311(3), “Inspection Checklists,” (June 28, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15359), as provided in section 12.5 of Volume I, on that form or in another format which includes the required information.

(4) The operation and maintenance entity of a regional stormwater management facility must notify the Agency on an annual basis, using Form 62-330.311(2), “Regional Stormwater Management System Annual Report,” (October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02503), incorporated by reference herein, of all new systems and their associated stormwater volumes that have been allowed to discharge stormwater into the regional facility, and must confirm that the maximum allowable treatment volume of stormwater authorized to be accepted by the regional facility has not been exceeded.

(5) A copy of the above forms may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(6) Permits issued prior to the effective date of this section shall continue to be inspected and reported on in accordance with the terms and conditions of the existing permit. However, a permittee may request a modification of the permit to reflect inspection and reporting in accordance with this rule.

(7) Information shall be provided for existing dam systems in accordance with section 8.4.5 of Volume I on Form 62-330.311(4), “Condition Assessment Report,” which is incorporated by reference herein (June 28, 2024) (http://www.flrules.org/Gateway/reference.asp?No=Ref-15360).

History

• Rulemaking Authority 373.026(2), 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.416, 373.418, 403.805(1) FS. Law Implemented 373.026, 373.117, 373.118, 373.409, 373.4131, 373.4141, 373.4142, 373.416, 373.423, 373.429, 403.429, 668.003, 668.004, 668.50 FS. History—New 10-1-13, Amended 6-1-18, 6-28-24.

Fla. Admin. Code R. 62-330.315 Modification of Permits

(1) Modifications to an unexpired individual or conceptual approval permit may be requested by the permittee and will be processed as a minor or a major modification, as described below and in section 6.2 of Volume I. Permit modification fees are set forth in Rule 62-330.071, F.A.C.

(2) Minor modifications may be requested in accordance with section 6.2 of Volume I. Minor modifications are not subject to the public notification requirements of section 5.5 of Volume I. The following types of requests will be considered as minor modifications:

(a) To extend the duration of the construction phase of an individual permit by up to five years, subject to the provisions of subsection 62-330.320(2), F.A.C.;

(b) To correct errors or typographical mistakes;

(c) To incorporate changes requested by the Agency;

(d) To change due dates for reporting or performance deadlines;

(e) To transfer a permit upon a change in ownership or control;

(f) To make minor technical changes; or

(g) To make other minor changes that do not substantially alter the permit authorization, increase permitted off-site discharge, increase the environmental impact of the project, decrease required retention, decrease required detention, decrease required flood control elevations, or decrease pollution removal efficiency. Factors that will be considered in determining whether a change is minor are described in section 6.2.1 of Volume I.

(3) Any application for modification that does not qualify for a minor modification as described above shall be processed as a major modification. An application for a major modification of a permit shall be submitted and processed in the same manner as a new permit application, and those portions of the project proposed for, or affected by, the modification shall be reviewed using the same criteria as a new application.

(4) Modifications of an unexpired permit issued under one or more of the following rules as they were in effect prior to October 1, 2013: Chapter 62-330, 62-343, 62-346, 40B-4, 40B-400, 40C-4, 40C-40, 40C-42, 40C-44, 40C-400, 40D-4, 40D-40, 40D-400, 40E-4, 40E-40, or 40E-400, F.A.C., shall be in accordance with the rules under which the permit was issued, except that such modification shall be processed and reviewed under this chapter (effective after October 1, 2013) if:

(a) The modification is reasonably expected to lead to additional or substantially different water resource impacts;

(b) The permittee chooses to modify the permit under this chapter; or

(c) The modification does not qualify as a minor modification under subsection (2), above.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.026(7), 373.043, 373.109, 373.118, 373.413, 373.4131, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.429 FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.320 Duration of Permits

Unless revoked, extended or otherwise modified, the duration of a permit under this chapter is:

(1) General permit ‒ Five years to construct, commencing from the date notice is received by the Agency, or the date the Agency verifies compliance with the terms and conditions of the general permit in accordance with Rule 62-330.402, F.A.C., whichever is later.

(2) Individual permit ‒ Five years from the date of issuance to construct, except:

(a) Less than five years for activities such as temporary or experimental work, or when a shorter duration is needed; or

(b) More than five years when the applicant specifically requests a longer duration and provides reasonable assurance that:

1. The activity for which the permit is to be granted cannot reasonably be expected to be completed within five years after commencement of construction; and

2. The impacts of the activity, considering its nature, the size of the project, and any required mitigation, can be accurately assessed and offset where appropriate, and the terms of the permit can be met for the duration of the permit requested.

(3) Operation and maintenance ‒ in perpetuity following:

(a) Construction in conformance with the terms and conditions of a general permit; or

(b) Conversion from the construction to the operation phase of an individual permit in accordance with Rule 62-330.310, F.A.C.

(4) Conceptual approval permit ‒ As provided in Rule 62-330.055 or 62-330.056, F.A.C.

(5) Mitigation bank permit ‒ As provided in Rule 62-342.750, F.A.C.

(6) A modification to extend the duration of the construction phase of an individual permit shall be granted if the extension request is received in writing by the Agency before expiration of the construction phase; and:

(a) The activity remains consistent with plans, terms, and conditions of the permit and the Agency’s rules in effect when the extension is granted; and

(b) The request can be approved in consideration of subparagraphs (2)(b)1. and 2., above.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118, 373.413, 373.4131, 373.4136, 373.4142, 373.4145, 373.416, 373.426 FS. History–New 10-1-13, Amended 6-1-18, Reviewed 7-17-26.

Fla. Admin. Code R. 62-330.340 Transfer of Permit Upon Change in Ownership or Control

(1) Permits in the Operation and Maintenance Phase ‒ Projects constructed in accordance with the terms and conditions of a general permit are automatically authorized to be operated and maintained by the permittee and subsequent owners. A permittee with a valid individual permit in the operation and maintenance phase under this chapter or Chapter 62-342, F.A.C., shall notify the Agency electronically or in writing within 30 days of a change in ownership or control of the entire real property, project, or activity covered by the permit. A processing fee is not required for this notice. The permit shall automatically transfer to the new owner or person in control, except in cases of abandonment, revocation, or modification of a permit as provided in Sections 373.426 and 373.429, F.S. If a permittee fails to provide written notice to the Agency within 30 days of the change in ownership or control, or if the change does not include the entire real property or activity covered by the permit, then the transfer shall be governed by subsections (2) through (4), below.

(2) Except as provided in subsection (1), above, and in section 6.3.1 of Volume I, or as otherwise required in an individual or conceptual approval permit, or for activities authorized under a general permit, a permittee shall notify the Agency electronically or in writing within 30 days of any change in ownership or control of any portion of the real property upon which an activity is permitted under this chapter or Chapter 62-342, F.A.C. A person who obtains an interest in or control of such real property shall:

(a) Request transfer of the permit to become the new permittee or modification of the permit to become a co-permittee; or

(b) Provide written documentation of the following:

1. Certification that the permittee continues to retain sufficient real property interest over the land upon which the activities subject to the permit will be conducted as described in section 4.2.3(d) of Volume I; and

2. Authorization for Agency staff with proper identification to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.

(3) The person requesting transfer of the permit shall submit to the Agency a completed Form 62-330.340(1), “Request to Transfer Environmental Resource and/or State 404 Program Permit,” incorporated by reference herein (December 22, 2020) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12039), a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., together with the permit modification fee prescribed by the Agency as set forth in Rule 62-330.071, F.A.C. A proposed new permittee shall demonstrate that it has sufficient real property interest in or control over the land consistent with subsection 62-330.060(3), F.A.C.

(a) The Request to Transfer Environmental Resource and/or State 404 Program Permit shall be processed in the same manner as a minor modification as provided in subsection 62-330.315(2), F.A.C.

(b) The proposed new permittee shall include demonstration or documentation with the request that it meets the requirements for being an acceptable operation and maintenance entity provided in subsections 62-330.310(2) and (3), F.A.C., if applicable.

(4) Upon receipt of the completed Request to Transfer Environmental Resource and/or State 404 Program Permit form and applicable processing fee, the Agency shall approve the permit transfer unless it determines that the proposed permittee or co-permittee has failed to provide reasonable assurances that it qualifies to be a permittee or that it can meet the permit conditions.

(a) If the Agency proposes to deny the transfer, it shall provide both the current permittee and the proposed permittee with notice of proposed agency action of denial, and of the right to request an administrative hearing pursuant to Chapter 120, F.S.

(b) Failure of the permittee to notify the Agency in writing within 30 days of a change in ownership or control shall not, by itself, render a permit invalid. When it does not appear the current permittee has met the requirements of subsection (2), above, or has not otherwise approved or been made aware of the request to transfer the permit, upon transfer of the permit to the new permittee, the Agency will provide notice to the former permittee, at its last known address, advising of the permit transfer, together with a notice of rights under Chapter 120, F.S.

(5) A permittee from whom the permit is transferred shall:

(a) Be jointly and severally liable with the new owner or permittee for compliance with the permit and for any corrective actions that may be required as a result of violations of the permit or Agency rule on the property prior to permit transfer; and

(b) Remain jointly and severally liable for any corrective actions that are required as a result of any violations of the permit that occurred prior to the change in ownership or control of the property upon which the permitted project or activity is located.

(6) Upon transfer of a permit, the new permittee shall comply with all terms and conditions of the permit.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118, 373.109, 373.413, 373.4131, 373.4142, 373.4145, 373.416, 373.426, 373.429, 668.003, 668.004, 668.50 FS. History–New 10-1-13, Amended 6-1-18, 12-22-20.

Fla. Admin. Code R. 62-330.350 General Conditions for Individual Permits

(1) The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions.

(a) All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.

(b) A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction.

(c) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation, July 2013), incorporated by reference in subparagraph 62-330.050(9)(b)5. and referenced in section 11.2.1 of Volume I; the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual Tier I (Florida Department of Environmental Protection, Division of Environmental Assessment and Restoration, Tallahassee, Florida, October 2018), incorporated by reference in subparagraph 62-330.050(9)(b)5.; and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual Tier II (Florida Department of Environmental Protection, Division of Environmental Assessment and Restoration, Tallahassee, Florida, October 2018), incorporated by reference in subparagraph 62-330.050(9)(b)5., and available at https://www.fsesci.com/downloads/; unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.

(d) At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” (October 1, 2013), (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by reference herein, indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., and shall be submitted electronically or by mail to the Agency. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required.

(e) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms, and conditions of the permit for the life of the project or activity.

(f) Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable:

1. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex ‒ “Construction Completion and Inspection Certification for Activities Associated with a Private Single-Family Dwelling Unit” [Form 62-330.310(3)]; or

2. For all other activities ‒ “As-Built Certification and Request for Conversion to Operation Phase” [Form 62-330.310(1)].

3. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.

(g) If the final operation and maintenance entity is a third party:

1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as-built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see section 12.3 of Volume I) as filed with the Florida Department of State, Division of Corporations, and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.

2. Within 30 days of submittal of the as-built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance Entity” [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.

(h) The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes.

(i) This permit does not:

1. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;

2. Convey to the permittee or create in the permittee any interest in real property;

3. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or

4. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee.

(j) Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.

(k) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit.

(l) The permittee shall notify the Agency in writing:

1. Immediately if any previously submitted information is discovered to be inaccurate; and

2. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase.

(m) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.

(n) If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting agency office. Project activities shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, F.S. For project activities subject to prior consultation with the DHR and as an alternative to the above requirements, the permittee may follow procedures for unanticipated discoveries as set forth within a cultural resources assessment survey determined complete and sufficient by DHR and included as a specific permit condition herein.

(o) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.

(p) The permittee shall provide routine operation and maintenance of all components of the stormwater management system to remove trapped sediments and debris, and to ensure that the system continues to function as designed and permitted, including, at a minimum, implementation of operation and maintenance activities under any required operation and maintenance plan. Any removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards.

(q) This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.

(r) A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

(2) In addition to those general conditions in subsection (1), above, the Agency shall impose any additional project-specific special conditions necessary to assure the permitted activities will not be harmful to the water resources, as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules incorporated by reference in this chapter.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 403.805(1) FS. Law Implemented 373.016, 373.026, 373.044, 373.116, 373.117, 373.409, 373.413, 373.4131, 373.414(9), 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.422, 373.423, 373.426, 373.428, 373.429, 403.0877 FS. History—New 10-1-13, Amended 6-1-18, 6-28-24.

Fla. Admin. Code R. 62-330.351 General Conditions for Conceptual Approval Permits

The following general conditions are binding on all conceptual approval permits issued under this chapter, except where the conditions are not applicable to the activity or where the conditions must be modified to accommodate project-specific situations. In addition to these general conditions, the Agency shall impose any additional special conditions necessary to assure the permitted activities will not be harmful to the water resources, as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules incorporated by reference in this chapter.

(1) This permit does not authorize any construction, alteration, maintenance, operation, removal, or abandonment, except where such activities are specifically authorized as the first phase of an individual permit or are authorized to occur in accordance with a general permit or exemption under Chapter 62-330, F.A.C.

(2) This permit does not:

(a) Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;

(b) Convey to the permittee or create in the permittee any interest in real property;

(c) Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or

(d) Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee.

(3) The permittee shall notify the Agency in writing:

(a) Immediately if any previously submitted information is discovered to be inaccurate; and

(b) Within 30 days of any conveyance or division of ownership or control of the property or the system, the name and contact information for the new owner.

(4) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample, and test the project site to ensure conformity with the permit.

(5) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.

(6) This conceptual approval permit only authorizes design concepts for a master or future plan to construct, alter, operate, maintain, remove, or abandon projects that require a permit under Part IV of Chapter 373, F.S. It does not authorize any construction, alteration, operation, maintenance, removal, or abandonment, or the establishment and operation of a mitigation bank, or relieve the permit holder of any requirements to obtain such permits.

(7) Subsequent applications to construct and operate activities shall be prepared and submitted using the applicable procedures in Rules 62-330.052, 62-330.054, 62-330.060, and 62-330.402, F.A.C., and sections 4.2.2, 4.2.3, 4.3, and 4.4 of Volume I. An application for conceptual approval for a mitigation bank shall also include the materials required by Chapter 62-342, F.A.C.

(8) Issuance of this conceptual approval permit is a determination, within the level of detail provided in the application, that the activities approved in this permit are consistent with applicable rules at the time of issuance. This permit provides the conceptual approval permit holder with a rebuttable presumption, during the duration of this permit, that the engineering design and scientific principles upon which the conceptual approval permit approved herein are likely to meet applicable rule criteria for issuance of permits for subsequent phases of the project, provided all of the following are met at the time of receipt of a complete application to construct and operate the future phases:

(a) The application to construct and operate the future phases remains consistent with the designs and conditions of this permit. Primary areas for consistency comparisons include the size, location, and extent of the activities proposed, the type and nature of the activities, percent imperviousness, allowable discharge and points of discharge, location and extent of wetland and other surface water impacts, mitigation plans implemented or proposed, control elevations, extent of stormwater reuse, detention and retention volumes, and the extent of flood elevations.

If an application for construction of any portion of the land area covered by this permit is inconsistent with the design concepts and conditions approved herein, the application will be reviewed to determine the extent to which the inconsistency will affect the designs and conditions for the remainder of the lands contained in this permit. If the inconsistency will materially affect those designs and conditions, then the applicant must demonstrate that the holder of this permit agrees to that inconsistency. In such a case, the holder of the conceptual approval permit may:

1. Modify the conceptual approval permit to conform to the revised design;

2. Abandon reliance on the conceptual approval permit; or

3. Rely on those portions of the conceptual approval permit for only those areas that were not affected by the inconsistency.

(b) There are no changes to state water quality standards that would be affected by activities authorized in the conceptual approval permit that have not already been authorized for construction or operation.

(c) There have been no amendments to Florida law governing special basin criteria that would affect future activities authorized by the conceptual approval permit that have not already been authorized for construction.

(d) There are no substantive changes in the site characteristics that would affect whether the design concepts approved in the conceptual approval permit can continue to be reasonably expected to meet the conditions for authorizing construction of future phases. This shall include such things as changes in the designation of listed species, and changes to nesting, denning, and critical designation status of listed species that exist within the lands served by the project area.

(9) If changes are proposed to the design of existing or future phases, or where there have been changes to state water quality standards, special basins, or site characteristics as described in conditions paragraphs (3)(a) through (d), above, during the duration of this permit, the applicant must modify this permit if it wishes to continue to rely on this permit as a basis that reasonable assurance exists for the Agency to issue future construction or operation permits under the terms and conditions of this permit. If the permittee fails to do this, this conceptual approval permit can no longer be relied upon as a basis, in part or whole, under which permits to construct or operate future phases will be issued, and the Agency will reevaluate the terms and conditions of this permit at the time a permit application is received to construct the next phase of activities, or at the next requested extension of this permit’s duration in accordance with subsection 62-330.056(11), F.A.C., whichever occurs first.

History

• Rulemaking Authority 373.026(7), 373.118(1), 373.043, 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.116, 373.117, 373.118(1), 373.406(5), 373.409, 373.413, 373.4131, 373.414(9), 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.422, 373.423, 373.426, 373.428, 403.0877 FS. History‒New 6-1-18.

Fla. Admin. Code R. 62-330.360 Emergency Authorizations and Actions

When the Agency has determined that immediate action is necessary to abate an emergency condition, the Agency shall use one of the following measures below to authorize the work. “Emergency conditions” are defined as those that pose an imminent or existing serious threat or danger and require immediate action to protect the public health, safety or welfare, or the water resources of the Agency, including the health of aquatic and wetland-dependent species; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses. Carelessness or the lack of planning on the part of an applicant for an emergency authorization shall not be sufficient grounds to warrant the granting of an emergency authorization.

(1) Issuance of an emergency order under Section 373.119(2), F.S. The order shall recite the factual basis for it in accordance with Section 120.569(2)(n), F.S., and include all conditions (including a limitation on the duration of the emergency authorization) required to ensure that the activity authorized or directed does not exceed that necessary to abate the threat. When the activity conducted under the order has an operational or maintenance aspect that continues beyond the emergency, any permits required under this chapter shall be applied for as soon as practicable.

(2) Authorization of construction to begin when the Agency has already received an application for a permit under this chapter, and the applicant has submitted a written request for the work to commence prior to issuance of the permit, together with documentation of the emergency conditions that exist. However, if required upon issuance of the permit, the work initiated shall be modified as necessary to comply with the terms and conditions of the permit.

(3) Issuance of an emergency field authorization when an application is not currently under consideration by the Agency. The entity requesting the emergency field authorization shall complete an “Emergency Field Authorization” Form 62-330.360(1), (June 1, 2018) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09388), which is incorporated by reference herein. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. The activity authorized by the emergency field authorization may commence upon approval by the Agency’s field representative. The recipient of an emergency field authorization is responsible for compliance with all the terms and conditions of the authorization. Within 90 days of issuance of an emergency field authorization, the recipient shall either restore the site to the conditions existing before the emergency, or apply for an application to perform the work in accordance with the requirements for obtaining verification of an exemption or permit, as applicable, under this chapter.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 120.569(2), 373.026(7), 373.119, 373.413, 373.4131, 373.4145, 373.416, 373.418, 373.426, 373.439 FS. History‒New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.395 Variances

(1) In addition to a variance available under Section 120.542, F.S., the Agencies are authorized to grant a variance from the provisions of Section 373.414, F.S., paragraph 62-330.301(1)(e), F.A.C., and Rule 62-330.302, F.A.C., pursuant to Section 373.414(17), F.S. A person seeking a variance under Section 373.414(17), F.S., must demonstrate that any hardship asserted as a basis of the need for a variance is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the general intent and purpose of this chapter.

(a) Any person seeking a variance under Section 373.414(17), F.S., shall file a petition for a variance containing the following information:

1. The petitioner’s name and signature;

2. The statute or rule from which the variance is sought;

3. Facts showing that a variance should be granted for one of the reasons in Section 403.201, F.S.;

4. The time period for which the variance is sought, including the reasons and facts supporting the time period;

5. The requirements the petitioner can meet, including the date or time when the requirements will be met;

6. The steps or measures the petitioner is taking to meet the requirement from which the variance is sought. If the request is pursuant to Section 403.201(1)(b), F.S., the petitioner shall include a schedule when compliance will be achieved; and

7. The fee prescribed in Rule 62-330.071, F.A.C.

(b) The Agency shall review the application within 30 days after receipt to determine if the petition is complete. If the petition is determined to be incomplete, the petitioner shall be afforded an opportunity to supply additional information before the Agency evaluates the petition.

(c) The Agency shall prepare a notice of intended agency action regarding the petition for a variance, and shall publish it one time in the Florida Administrative Register. For variance petitions processed by the Department, the petitioner shall also publish notice of intended agency action one time, at its expense, in a newspaper of general circulation, as defined in Section 50.031, F.S., in the county in which the property for which the variance is sought is located. For variance petitions processed by the District, the District will cause the notice of intended agency action to be published, one time, in a newspaper of general circulation, as defined in Section 50.031, F.S., in the county in which the property for which the variance is sought is located.

(2) Renewals of variances shall be applied for in the same manner as the initial variance.

History

• Rulemaking Authority 373.043, 373.044, 373.113, 373.4131, 373.414(9), (17) FS. Law Implemented 373.4131, 373.414(9), (17), 403.201 FS. History‒New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.401 Policy and Purpose of General Permits

(1) General permits authorize activities that, if conducted consistent with the permit requirements, will cause minimal individual and cumulative adverse impacts to the water resources of the Agencies. Mitigation is neither necessary nor required to offset those impacts except when provided for in the general permit. Persons using a general permit must comply with the notice requirements of Rule 62-330.402, F.A.C., the general conditions in Rule 62-330.405, F.A.C., and all of the terms, conditions, and limitations of the specific general permit.

(2) The general permit in Section 403.814(12), F.S., is not a general permit under this chapter and does not require submittal of the notice specified in subsection 62-330.402(1), F.A.C.

(3) General permits that apply to municipalities are also for use by agencies of the United States Department of Defense.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Amended 2-19-03, 10-1-07, Formerly 62-341.201, Amended 10-1-13, Reviewed 7-17-26.

Fla. Admin. Code R. 62-330.402 Submittal and Processing of General Permits

(1) A person wishing to construct, operate, maintain, alter, abandon, or remove projects under a general permit shall provide notice using Form 62-330.402(1), “Notice of Intent to Use an Environmental Resource and/or State 404 Program General Permit,” (December 22, 2020), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12040), a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. The notice must be received by the applicable Agency at least 30 days prior to initiating the activities authorized by the general permit, or at such other time as specified in the general permit. Notices for general permits that identify the reviewing agency as the Department shall be submitted to the Department instead of a District.

(2) The notice for a general permit must include the processing fee prescribed in Rule 62-330.071, F.A.C. If a single notice includes more than one general permit, a separate fee shall be required for each general permit.

(3) The specific procedures of a general permit shall govern if they differ from the procedures in this rule.

(4)(a) Within 30 days of receiving Form 62-330.402(1), the Agency shall determine whether the activity qualifies for a general permit. If the activity does not qualify or the notice does not contain all the required information, the Agency will notify the person as provided in section 5.3.2 of Volume I.

(b) If the notice does not demonstrate that the requested activity qualifies for a general permit due to errors or omissions, the person shall have 60 days to amend the notice as provided in section 5.3.3 of Volume I. An additional processing fee will not be required if the person submits additional information demonstrating compliance with the general permit within that 60 days. Alternatively, the person may request that the submitted information be processed as an application for an individual permit, which must be supplemented with the information required in Rule 62-330.060, F.A.C., and sections 4.2.3, 4.3, and 4.4 of Volume I, or the person may withdraw the notice for a general permit.

(c) If the activities do not qualify for a general permit, the processing fee submitted for the general permit shall be applied to the processing fee required for an individual permit, as provided in section 5.3.4 of Volume I. The processing fee will not be returned if the person withdraws the notice or if qualification for the general permit is denied.

(5) The Agency will place notice of the proposed use of a general permit on the Agency website within 10 days of receipt of the request.

(6) At their discretion, persons qualifying for a general permit may publish a notice of qualification to use a general permit in a newspaper of general circulation in the affected area. The Agency will not publish, or require the person to publish, such notice.

(7) A person may waive the timeframes in subsection (4), above, if the project also requires a State 404 Program authorization under Chapter 62-331, F.A.C., that must be reviewed using the timeframes in that chapter. Waiving the timeframes allows the Agency(ies) to issue agency action for both authorizations at the same time. This is strongly recommended by the Agencies to ensure consistency between the authorizations and to reduce the potential need for project modifications to resolve inconsistencies that may occur when the agency actions are issued at different times.

History

• Rulemaking Authority 373.044, 373.113, 373.118, 373.413, 373.4131 FS. Law Implemented 373.116(2), 373.118(3), 373.413, 373.4131, 373.416, 373.426, 668.003, 668.004, 668.50 FS. History–New 10-1-13, Amended 6-1-18, 12-22-20.

Fla. Admin. Code R. 62-330.405 General Conditions for All General Permits

The following general permit conditions are binding upon the permittee and are enforceable under Chapter 373, F.S. These conditions do not apply to the general permit for stormwater management systems under Section 403.814(12), F.S.

(1) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.

(2) The general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit; and it does not authorize any violation of any other applicable federal, state, local, or special district laws (including, but not limited to, those governing the “take” of listed species).

(3) The general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit.

(4) The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution that violates state water quality standards.

(5) Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity involving the use of state-owned or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required consent, lease, easement, or other form of authorization authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on state-owned lands.

(6) The authorization to conduct activities under a general permit may be modified, suspended or revoked in accordance with chapter 120, F.S., and Section 373.429, F.S.

(7) The general permit is not transferable to a new third party. To be used by a different permittee, a new notice to use a general permit must be submitted in accordance with Rule 62-330.402, F.A.C. Activities constructed in accordance with the terms and conditions of a general permit are automatically authorized to be operated and maintained by the permittee and subsequent owners in accordance with subsection 62-330.340(1), F.A.C. Any person holding the general permit, persons working under the general permit, and owners of land while work is conducted under the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted project, activity, or the real property at which the permitted project or activity is located.

(8) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to ensure conformity with the plans and specifications approved by the general permit.

(9) The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and authorized in the general permit.

(10) A permittee’s right to conduct a specific activity under the general permit is authorized for a duration of five years.

(11) Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be implemented and maintained immediately prior to, during, and after construction as needed to stabilize all disturbed areas, including other measures specified in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures shall be installed and maintained in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation, July 2013), incorporated by reference in subparagraph 62-330.050(9)(b)5.; the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual Tier I (Florida Department of Environmental Protection, Division of Environmental Assessment and Restoration, Tallahassee, Florida, October 2018), incorporated by reference in subparagraph 62-330.050(9)(b)5.; and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual Tier II (Florida Department of Environmental Protection, Division of Environmental Assessment and Restoration, Tallahassee, Florida, October 2018), incorporated by reference in subparagraph 62-330.050(9)(b)5., and available at https://www.fsesci.com/downloads/.

(12) Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non-earthen construction mats. In all cases, access in wetlands shall comply with the following:

(a) Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter four inches or greater at breast height;

(b) The maximum width of the construction access area shall be limited to 15 feet;

(c) All mats shall be removed as soon as practicable after equipment has completed passage through, or work has been completed, at any location along the alignment of the project, but in no case longer than seven days after equipment has completed work or passage through that location; and

(d) Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed.

(13) Barges or other work vessels used to conduct in-water activities shall be operated in a manner that prevents unauthorized dredging, water quality violations, and damage to submerged aquatic communities.

(14) The construction, alteration, or use of the authorized project shall not adversely impede navigation or create a navigational hazard in the water body.

(15) Except where specifically authorized in the general permit, activities must not:

(a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; or

(b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to section 373.042, F.S., or a Works of the District established pursuant to Section 373.086, F.S.

(16) If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting agency office. Project activities shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, F.S.

(17) The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable District special basin and geographic area criteria.

(18) The permittee shall comply with the following when performing work within waters accessible to federally- or state-listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon:

(a) All vessels associated with the project shall operate at “Idle Speed/No Wake” at all times while in the work area and where the draft of the vessels provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

(b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement or entrapment of listed species.

(c) All in-water activities, including vessel operation, must be shut down if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50-foot radius of the in-water work, or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All onsite project personnel are responsible for observing water-related activities for the presence of listed species.

(d) Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404-3922 and ImperiledSpecies@myFWC.com.

(e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species during a directional drilling operation, the FWC shall be notified at ImperiledSpecies@myfwc.com with details of the event within 24 hours following detection of the spill or frac-out.

(19) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any activity authorized by the general permit.

(20) The permittee shall immediately notify the Agency in writing of any submitted information that is discovered to be inaccurate.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.118(4), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.016, 373.026, 373.044, 373.118(1), 373.129, 373.136, 373.406(5), 373.413, 373.4131, 373.414(9), 373.4142, 373.4145, 373.416, 373.422, 373.423, 373.429, 403.031(21), 403.814(1), 403.814(12) FS. History—New 10-3-95, Amended 10-1-07, Formerly 62-341.215, Amended 10-1-13, 6-1-18, 6-28-24.

Fla. Admin. Code R. 62-330.407 General Permit for Geotechnical Investigations in Wetlands or other Surface Waters

History

• Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.4131 FS. Law Implemented 253.034(1), 373.118, 373.406(5), 373.4131, 373.414(9), 403.814(1) FS. History–New 10-1-13, Repealed 6-1-18.

Fla. Admin. Code R. 62-330.410 General Permit for Dredging by the West Coast Inland Navigation District in Sarasota and Manatee Counties

(1) A general permit is granted to the West Coast Inland Navigation District (“WCIND”) to dredge public navigation channels and canals within the trafficsheds listed in Table 1 “Trafficsheds, Dredge Depth Limits, and Trafficshed Report Identification Numbers for Use in General Permit 62-330.410” effective [October 1, 2013] (http://www.flrules.org/Gateway/reference.asp?No=Ref-03207), and Figure 1, “Trafficshed Locations” effective August 4, 2002 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03208), and as described in the reports identified in paragraphs (1)(a) through (d), below. Table 1, Figure 1, and the reports are incorporated by reference herein; a copy of each may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.:

(a) Antonini, Gustavo A., and Paul Box, September 1996, A Regional Waterway Systems Management Strategy for Southwest Florida, TP-83, Florida Sea Grant College Program, Gainesville, Florida, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03143);

(b) Swett, Robert A., Gustavo A. Antonini and Sharon Schulte, July 1999, Regional Waterway Management System for North Manatee County, TD-2, Florida Sea Grant College Program, Gainesville, Florida, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03125);

(c) Antonini, Gustavo A., David Fann, and Robert A. Swett, November 7, 2000, Miguel Bay, Florida: Inventory of Boats, Depths and Signs; and a Waterway Restriction Analysis, TP-2A, Florida Sea Grant College Program, Gainesville, Florida, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03147);

(d) Antonini, Gustavo A., Robert Swett, Sharon Schulte and David Fann, July 1998, Regional Waterway Management System for South Sarasota County, TD-1, Florida Sea Grant College Program, Gainesville, Florida, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03146).

(2) This general permit is further limited as follows:

(a) The area to be dredged shall not contain any live seagrass beds, oyster beds or bars, coral communities, or attached macro-marine algae communities. However, this shall not prevent dredging of incidental individual specimens or scattered (less than one percent coverage within the area to be dredged) occurrences of seagrasses, oysters, or attached macro-algae. To the extent individual or clumped oysters are to be dredged, they shall be relocated to the maximum extent practicable to locations previously approved by the Department.

(b) Channel alignments shall follow existing channels and previously dredged areas to the maximum extent practicable.

(c) Dredging shall not exceed the maximum depths shown in Table 1.

(d) No more than 6,500 cubic yards of dredged material shall be removed over a five-year period within each trafficshed, beginning with the first project authorized under this general permit within the trafficshed. Within 30 days following the conclusion of each dredging event, a report shall be submitted to the local district office of the Department that includes the volume of material excavated from each channel and canal within the trafficshed, and the cumulative total volume of material excavated for the trafficshed under this general permit. This report shall be included with any subsequent notices to dredge channels or canals within the same trafficshed.

(e) The dredging activity is restricted to Class III waters, or Class II waters that are classified by the Department of Agriculture and Consumer Services under Chapter 5L-1, F.A.C., as unclassified, prohibited, restricted, or conditionally restricted for shellfish harvesting.

(f) For purposes of this general permit, the term “public navigation channels and canals” shall include the Intracoastal Waterway and any other waterway as determined by the WCIND Board to make a significant contribution to boat traffic in the four county district, including access channels connecting the inland waterways to residential canal systems.

(3) All work under this general permit shall be conducted in conformance with the following specific conditions:

(a) Prior to submittal of a notice to use this general permit, the WCIND shall conduct at least one pre-application meeting with the Department to discuss project designs, implementation details, and any resource concerns, including approval of any oyster relocation sites in accordance with paragraph 62-330.410(2)(a), F.A.C.

(b) Each dredging event for a trafficshed shall require a separate notice to use this general permit. Multiple channels within a single trafficshed may be included in one notice. Each notice shall be submitted with:

1. Scaled plan and cross-sectional drawings that clearly identify the length, width, and depth (referenced to mean lower low water) of the area or areas to be dredged within each channel and canal, locations of any hydraulic pipelines between the dredge areas and the dredged material disposal sites, and identification of the channels, canals, and names of the trafficsheds that are to be dredged from Table 1;

2. Identification of the source document described in subsection (1) and reference data that specifically describe the project proposed for dredging within the trafficshed. All document titles, page numbers, figures, and other relevant information to the trafficshed must be identified;

3. The location, dimensions, and estimated volumes of dredged material disposal sites, including the location of any oyster relocation or habitat restoration areas required under paragraph 62-330.410(2)(a), F.A.C. If barges or temporary stockpile areas are to be used for temporary disposal and transport, the type and volume capacity of such barges and stockpile areas, including controls that will be used to prevent dredge material runoff from the barges and stockpile areas also must be described;

4. The estimated volume of each proposed dredging area;

5. The dredging and disposal methods, and proposed duration of each;

6. Identification of any special water classifications for the areas to be dredged, such as the water class (Rule 62-302.400, F.A.C.); shellfish classification under Chapter 5L-1, F.A.C., (approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified); aquatic preserve, state park, or state recreation area designation under Chapter 258, F.S.; and Outstanding Florida Water or Outstanding National Resource Water designation under Rule 62-302.700, F.A.C.;

7. An updated (prepared between May through September within one year prior to the proposed dredging) resource inventory of the areas to be dredged, including the presence of live seagrasses (distinguishing between beds and scattered seagrass growth), oysters (distinguishing between beds, bars, and scattered occurrences), coral communities, or attached macro-marine algae communities (distinguishing between beds and scattered occurrences). This resource inventory must also include all areas within any requested mixing zones associated with the dredging project (including outfall pipes from the dredge material disposal area), and all areas that will be occupied by dredging equipment (including cables, pipelines, dredges, barges, and stockpiling/disposal of dredged material);

8. If the notice applies to a trafficshed that was subject to previous use of this general permit, such notice also shall clearly identify the extent of all previously authorized dredging within the trafficshed by the WCIND; the date of all such dredging events; the estimated cubic yards excavated from each channel and canal, and for the trafficshed as a whole; and the permit numbers assigned to such prior use of this general permit for the trafficshed,

9. The estimated date the dredging activities are planned to begin and the estimated length of time it will take to complete the project. If the project will be accomplished in phases, the estimated starting and ending date of each phase must also be submitted; and,

10. A plan for monitoring water quality in accordance with the requirements of paragraph (3)(e), below.

(c) All dredged material resulting from the activities authorized by this general permit shall be removed and deposited on a self-contained, upland dredged material disposal site. The only exceptions shall be: oyster relocations required under paragraph 62-330.410(2)(a), F.A.C.; or where dredged materials are to be used as part of a habitat restoration plan authorized by the Agency under Part IV of Chapter 373, F.S., in which case any discharge of dredged material shall be in compliance with all terms of that authorization. In all cases, the dredging operation, the discharge of dredged material, and the dredged material disposal site shall be designed, located, and operated such that there are no water quality violations in wetlands or other surface waters outside of a mixing zone established under paragraph (3)(d), below.

(d) The permittee shall prevent violations of state water quality standards immediately outside of a mixing zone of no more than 150 meters in radius from the dredge site and from any discharge point associated with a dredge material disposal area. This shall minimally consist of: using and maintaining in a functional condition erosion and sediment control devices and best management practices, including turbidity curtains or similar devices; managing dredge pumping rates and volumes so as to minimize discharges from dredged material disposal sites; and managing dredged material disposal site dikes, berms, and water control structures so as to minimize erosion, breaches, and discharges. Mixing zones shall be designed to avoid live seagrass beds, oyster beds and bars, and attached macro-algae communities to the maximum extent practical.

(e) Water quality monitoring shall occur following the monitoring plan required under subparagraph (3)(b)10., above. This shall minimally consist of monitoring at the dredge site, at the location of any waters receiving outfall from dredged material disposal sites, and at background and down-gradient locations in the water body where dredging is occurring and surrounding the dredged material disposal sites. This monitoring shall be designed to measure turbidity and any metals or other toxic materials that have been identified as having a likelihood of entering the water column. All monitoring for turbidity shall occur at intervals not to exceed four hours during active dredging operations and when there is a discharge from dredge material disposal sites; monitoring for other parameters shall be at intervals specified in the monitoring plan under subparagraph (3)(b)10., above. Results of this monitoring and a copy of the logs shall be submitted to the local office of the Department in accordance with the reporting plan submitted under subparagraph (3)(b)10., above.

(f) In the event the water quality monitoring required under this general permit detects violations of state water quality standards, dredging shall cease immediately until the source of the violation is resolved and the receiving waters again meet applicable water quality standards.

(g) After dredging, the trafficshed shall be marked with appropriate aids to navigation in order to prevent damage to seagrass beds and to minimize turbidity. The permittee is advised that Chapter 327, F.S., governs the placement and marking of such aids to navigation.

(h) In addition to the conditions in subsection 62-330.405(18), F.A.C., the following additional manatee conditions shall apply:

1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel shall be responsible for observing water-related activities for the presence of manatees.

2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. If the dredging activity results in any manatee being harmed, harassed, or killed as a result of construction activities, the Department will refer the matter to the Florida Fish and Wildlife Conservation Commission for appropriate action.

3. Temporary signs concerning manatees shall be posted prior to and during dredging activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign that reads “Caution: Boaters” must be posted. A second sign measuring at least 8 1/2 inches by 11 inches explaining the requirements for “Idle Speed/No Wake” and the shut-down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at www.MyFWC.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@myfwc.com.

(i) Work under this general permit shall not commence until the Department has provided written confirmation to the notice required under paragraph 62-330.410(3)(b), F.A.C., that the applicant qualifies to use the general permit.

(4) For activities located outside of aquatic preserves and outside of state parks, state preserves, and state recreation areas, this general permit constitutes consent of use by the Board of Trustees of the Internal Improvement Trust Fund (BOT) under Chapter 253, F.S., to enter upon and use state-owned submerged lands to the extent necessary to complete the permitted activities. However, specific written authorization from the BOT is required to use or alter state-owned submerged lands within aquatic preserves, state parks, state preserves, and state recreation areas under Chapter 258, F.S.

(5) Dredged material removed from state-owned submerged lands under this general permit shall be exempt from the payment of severed dredged material fees in accordance with Section 253.77, F.S. However, dredged material with economic value, such as beach quality sand, shall be used for public purposes to the maximum extent practicable.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1), 403.814(1) FS. Law Implemented 253.002, 253.77(4), 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.426, 403.813(1)(f), 403.813(2), 403.814(1) FS. History–New 8-4-02, Formerly 62-341.490, Amended 10-1-13.

Fla. Admin. Code R. 62-330.411 General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Charlotte County

(1) A general permit is granted to the West Coast Inland Navigation District (“WCIND”) to dredge public navigation channels and canals within the trafficsheds and secondary channel systems which have been determined by the WCIND Board to make a significant contribution to public boating traffic, as listed in Robert A. Swett, David A. Fann, and Elizabeth Staugler, Maps of Charlotte County General Permit Trafficshed Channels and Secondary Channels, Florida Sea Grant College Program, Gainesville, Florida (July 2014) (SGEF-209), incorporated by reference herein (12/15) (http://www.flrules.org/Gateway/reference.asp?No=Ref-06200). Copies of SGEF-209 may be obtained from the Department as described in subsection 62-330.010(5), F.A.C.

(2) The following terms are defined for the purpose of this general permit:

(a) “Trafficshed” means an area that contains a concentration of boats that use a common channel, exclusive to the trafficshed, to gain access to secondary access channels and, ultimately, to deep, open water.

(b) “Secondary channel system” means those channels that provide access to two or more trafficsheds.

(c) “Corals” means true stony corals (order Scleractinia), hydrocorals (order Milleporina), and soft corals and other octocorals (subclass Octocorallia).

(d) “Seagrass” means rooted, vascular plants of the families Potamogetonaceae, Hydrocharitaceae and Cymodoceae.

(e) “Communities” means assemblages of attached benthic organisms with a coverage density of at least one percent, and does not include incidental individual (or clumped) specimens.

(3) In addition to the requirements of Rule 62-330.405, F.A.C., this general permit is further limited as follows:

(a) Areas to be dredged shall not contain communities of corals, sponges (Porifera), oysters (Crassostrea spp.) or macroalgae.

(b) To the maximum practicable extent, dredging alignments shall follow existing channels and previously dredged areas, minimize impacts to seagrass communities and avoid adverse impacts to adjacent seagrass, coral, sponge or oyster communities that may reasonably be expected to result from turbidity, deposition of dredged material or sloughing of channel side slopes.

(c) Dredging alignments are limited to a top width of 30 feet and a bottom width of 20 feet, and shall not exceed the depths shown in SGEF-209. Overdredging is not allowed.

(d) Seagrasses and incidental individual (or clumped) oysters, corals or sponges within dredge areas shall be relocated to viable recipient sites, using scientifically accepted methods, to the maximum practicable extent.

(e) This general permit shall not apply to dredging within the limits of an area subject to a valid individual permit issued under Part IV of Chapter 373, F.S.

(4) Prior to each submittal of notice to use this general permit, WCIND shall conduct a pre-application meeting with the Department to review the specific details of the proposed project. For projects within an aquatic preserve, the meeting shall include the manager (or designated staff) of that aquatic preserve. The Department shall notify FWC prior to the pre-application meeting to provide FWC staff the opportunity to participate in the meeting. At the pre-application meeting, WCIND shall present all information necessary to complete Form 62-330.402(1), F.A.C., specifically including the following:

(a) Scaled plan and cross-sectional drawings that clearly identify:

1. The location, length, width, depth at local mean lower low water (MLLW) and estimated volume of each area to be dredged;

2. The locations of any hydraulic pipelines, barges and dredged material transfer sites;

3. The locations, dimensions and volumetric capacity of all proposed dredged material stockpile and disposal areas, including erosion and sedimentation controls; and,

4. The location and dimensions of all proposed turbidity mixing zones, including work areas to be enclosed within turbidity curtains as described in paragraph (6)(c), below. Such zones shall be of the minimum necessary extent, shall not encompass communities of seagrass, coral, sponge, oysters or macroalgae and shall be evaluated in accordance with Rule 62-4.244, F.A.C.

(b) A Benthic Resource Inventory (BRI) consisting of scaled, plan-view depictions of the locations, dimensions and qualitative descriptions of the coverage and density for all seagrasses, oysters, corals, sponges and macroalgae within the areas specified under subparagraph (4)(b)1., below, including incidental specimens to be relocated pursuant to paragraph (3)(d), above. The benthic resource inspections conducted to prepare the BRI shall:

1. Be conducted along at least two transects lying parallel to and five feet within the sides of the dredging alignment, with additional transects conducted every 25 feet throughout all proposed turbidity mixing zones and all areas to receive relocated organisms;

2. Be conducted during May through September within one year prior to submittal; and,

3. Be conducted using scientifically accepted methods by individuals experienced and knowledgeable in benthic resource identification. Additionally, if the project is within an aquatic preserve, the manager (or staff) of that preserve shall be given at least two weeks prior notice and reasonable opportunity to accompany those individuals performing the inspections.

(c) A turbidity monitoring plan that includes the following information:

1. The relative locations of all proposed compliance monitoring stations, which shall be located adjacent to and directly downcurrent of the dredging sites, outfalls from dredged material disposal sites and other areas of active work, including the surrounding floating turbidity barriers and other approved mixing zones, if applicable,

2. The locations of the proposed background monitoring stations, which shall be within the same waterbody as the compliance monitoring stations, representative of ambient conditions for that waterbody and outside the influence of the areas of active work; and,

3. Assurance that monitoring shall be performed in accordance with Chapter 62-160, F.A.C., including Department procedure “DEP-SOP-001/01 FT 1600 Field Measurement of Turbidity,” which is incorporated in paragraph 62-160.800(1)(a), F.A.C., including the specifications of any non-standard sensors to be used.

(5) Each dredging event for a trafficshed or secondary channel system shall require a separate notice to use this general permit. Multiple areas within a single trafficshed or secondary channel system may be included in one notice.

(6) All work under this general permit shall comply with the following specific conditions:

(a) Relocation of seagrasses, corals, sponges or clumped oysters shall be performed in a manner that avoids adverse impacts to water quality or adjacent submerged resources.

(b) Dredged material resulting from the activities authorized by this general permit shall be removed and deposited on a self-contained, upland disposal site, with the following exceptions:

1. Seagrass, oyster, coral or sponge relocations as required by paragraph (3)(d) of this general permit, or

2. Where such deposition is authorized by a valid permit under Part IV of Chapter 373, F.S.

(c) Floating turbidity curtains shall be installed and maintained in a manner that effectively contains turbidity within the work area, at all times around areas of active in-water work, including dredging, discharge and spoil transfer. Use of these curtains shall not impede navigation or cause adverse sedimentation or other impacts to benthic communities located outside the work area.

(d) WCIND shall monitor in-situ turbidity in accordance with the Department-approved turbidity monitoring plan, described in paragraph (4)(c), above. Turbidity samples shall be collected at each compliance and background station within four hours prior to commencement of any period of in-water work, and shall continue to be collected every four hours thereafter until in-water work ceases, including at least one additional set of samples within four hours after work ceases. Each station shall be sampled at surface, mid-depth and one foot above bottom, or at mid-depth only, for waters less than five feet deep at the time of sampling. Samples shall be collected with a Kemmerer, Van Dorn or a similar sampler that is designed to collect in-situ water samples. Samples shall be analyzed immediately after collection with a turbidimeter that produces results in Nephelometric measurements. Detailed reports of all monitoring data shall be retained by WCIND and made available to Department staff, upon request. In the event that monitoring detects a violation of state water quality standards, WCIND shall:

1. Cease dredging immediately until the source of the violation is identified;

2. Take corrective measures to avoid future violations;

3. Only resume work once the receiving waters again meet water quality standards; and,

4. Report the violation(s) and corrective measures taken to the Department within 24 hours.

(e) The following conditions apply to in-water activities authorized under this general permit, in the trafficsheds and secondary channels identified as Ainger Creek, Balboa Creek, Canal Waterway, Desoto Canal, Dover Canal, Gottfried Creek-Englewood Secondary Channel, Myakka River Secondary Channel, Oyster Creek, Peace Island East, Punta Gorda Marina, San Marino Canal, San Salvador Canal, Santa Barbara Canal, Santa Clara Canal and Whidden Bay Secondary Channel:

1. Specific personnel shall be designated as manatee observers. The designated observer(s) shall be dedicated only for this task, must be on site during all in-water dredging activities and shall advise personnel to cease operation upon sighting a manatee within 50 feet of any in-water construction activity. The observer(s) shall wear polarized sunglasses during all dredging to aid in observation and shall work in shifts of no longer than 5 hours each. Observers shall maintain a log detailing manatee sightings, work stoppages and other protected species-related incidents. If approved by the Department after consultation with the FWC, the WCIND shall be allowed to implement alternative measures for observing for the presence of manatees when such measures provide reasonable assurance that manatees will not be adversely affected by the alternative methodology.

2. A report, summarizing all activities noted in the observer logs, the location and name of project and the dates and times of work shall be submitted within 30 days following project completion to the FWC’s Imperiled Species Management Section at: 620 South Meridian Street, MS #6A, Tallahassee, Florida 32399-1600, or emailed to fcmpmail@myfwc.com.

3. No nighttime mechanical dredging, such as clamshell, shall occur. Movement of a work barge or other associated vessels shall not be performed, except at idle speed, after sunset when the possibility of spotting manatees is negligible.

(7) Within 90 days after completion of dredging under each notice, WCIND shall:

(a) Mark the dredged waterways in accordance with Section 327.40, F.S., in a manner to facilitate safe navigation and protection of submerged natural resources.

(b) Submit a post-construction report, signed and sealed by a Registered Professional, detailing all work performed, including:

1. The depths and widths established by the dredging;

2. The total volume of material excavated from each channel and canal dredged; and,

3. A detailed description of all relocation of organisms performed under paragraph (6)(a), above.

(c) The Department shall grant additional time, as reasonably necessary, to satisfy conditions paragraphs (7)(a) and (b), above, upon demonstration of circumstances beyond the control of WCIND that prevented their timely completion.

(8) The No Internal Combustion Motors Zone (NICMZ) covering an area of approximately 89 acres of submerged lands within the Lemon Bay Aquatic Preserve, as described and depicted in the Map and Description of the Whidden Key No Internal Combustion Motor Zone, incorporated by reference herein (12/15) (http://www.flrules.org/Gateway/reference.asp?No=Ref-06201), is hereby established. A copy of that document may be obtained from the Department as described in subsection 62-330.010(5), F.A.C.

(a) WCIND shall install and maintain uniform waterway regulatory markers demarcating the boundaries of the NICMZ established by this general permit, in accordance with all required permits under Section 327.41, F.S. WCIND shall provide documentation to the Department that the boundaries of the NICMZ have been so marked, prior to conducting any work under this general permit within Outstanding Florida Waters.

(b) Within the NICMZ, vessels equipped with internal combustion motors (e.g., gasoline or diesel motors) for propulsion must turn off the internal combustion motor and, if possible to do so, tilt or raise the internal combustion motor out of the water. The use of electric motors is not prohibited.

(c) Prior to installing the NICMZ markers under paragraph (8)(a), above, WCIND shall design and implement a program to monitor seagrasses within the NICMZ using scientifically accepted methods after consultation with FWC and Department staff of the local district office and Lemon Bay Aquatic Preserve. The monitoring shall be designed to establish the baseline coverage of seagrasses by species, the locations and coverage of prop scarring and document any change in coverage over time. At a minimum, the first monitoring shall occur within 90 days after the boundaries of the NICMZ have been marked and every two years thereafter for a total of ten years. The monitoring plan shall include metrics that can be used to quantitatively establish the relative success or failure of seagrass restoration and protection following establishment of the NICMZ.

(9) A Letter of Consent is granted for WCIND to enter upon and use state-owned submerged lands to complete the permitted activities, subject to the provisions of subsection 18-21.004(7), F.A.C. Dredged material with economic value, such as beach quality sand, severed from state-owned submerged lands shall be used for public purposes to the maximum practicable extent.

History

• Rulemaking Authority 373.043, 373.4131, 403.805(1), 403.814(1) FS. Law Implemented 253.002, 253.77, 258.42, 373.4131, 373.414, 403.061(34) FS. History‒New 12-28-15.

Fla. Admin. Code R. 62-330.412 General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County

(1) A general permit is granted to the West Coast Inland Navigation District (“WCIND”) to dredge public navigation channels and canals within the trafficsheds and secondary channel systems listed in Table 1 “Trafficsheds, Secondary Channel Systems, Dredge Depth Limits, and Trafficshed Report Identification Numbers,” effective 18 February 2010, incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-03177), and shown in Figures 1 through 48 of Antonini, Gustavo A., Robert A. Swett, and David Fann, 2008, Maps of Lee County Noticed General Permit Trafficshed Channels and Secondary Channels, SGEF-173, Florida Sea Grant College Program, Gainesville, Florida (30 October 2008), incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-03148). Copies of Table 1 and SGEF-173 may be obtained from the Department as described in subsection 62-330.010(5), F.A.C. Additional information on the background, methodology, and data used in identifying the trafficsheds and secondary channel systems that are the subject of this general permit is described in the following reports:

(a) Antonini, Gustavo A, and Paul Box, 1996, A Regional Waterway Systems Management Strategy for Southwest Florida, TP-83, Florida Sea Grant College Program, Gainesville, Florida;

(b) Swett, Robert A., David A. Fann, Gustavo A. Antonini and Lana Carlin Alexander, 2000, Regional Waterway Management System for Lee County, Phase I, TD-3, Florida Sea Grant College Program, Gainesville, Florida;

(c) Swett, Robert A., David A. Fann, Gustavo A. Antonini and Lana Carlin Alexander, 2001, Regional Waterway Management System for Lee County, Phase 2, TD-4, Florida Sea Grant College Program, Gainesville, Florida;

(d) Fann, D.A., R.A. Swett, and G.A. Antonini, 2002. Regional Waterway Management System for Lee County, Phase 3. TD-5, University of Florida, Gainesville, FL: 21 Florida Sea Grant.

Copies of these documents may be obtained by contacting environmental resource permit program staff in the Department’s South District Office (Fort Myers) and from the Department’s Internet site at http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm. This general permit is not required for maintenance dredging that qualifies for an exemption under Section 403.813(1)(f), F.S.

(2) This general permit is further limited as follows:

(a) For purposes of this general permit, the term “public navigation channels and canals” shall consist of the Intracoastal Waterway and those trafficsheds and secondary channel systems identified on the maps in SGEF-173, which have been determined by the WCIND Board to make a significant contribution to public boating traffic.

(b) The area to be dredged shall not contain any living communities of true stony coral (order Scleractinia), hydrocoral (order Milleporina), octocoral (subclass Octocorallia), or soft coral (Alcynoacea, Gorgonacea and Pennatulacea), sponge beds (Porifera), oyster bars (Crassostrea spp.), or macroalgae of the family Caulerpaceae. This shall not prevent dredging of incidental individual specimens of corals, sponges, or oysters. To the extent individual or clumped oysters, corals, or sponges are to be dredged, they shall be relocated to the maximum extent practicable in accordance with paragraph (3)(c), of this general permit. In addition, the dredging alignments shall be located so as to not adversely affect coral and sponge communities and oyster bars as a result of sloughing of channel side slopes. Seagrass within the proposed dredged area shall be relocated in accordance with paragraph (3)(c), of this general permit.

(c) To the maximum extent practicable, dredging alignments shall follow existing channels and previously dredged areas and avoid and minimize impacts to seagrass communities (Potamogetonaceae, Hydrocharitaceae and Cymodoceae sp.). Dredging alignments also shall be located to minimize the potential for erosion to adjacent seagrass communities as a result of sloughing of channel side slopes.

(d)1. The “No Internal Combustion Motor Zones” (NICMZs) shown and described in the attached Exhibit A, effective February 18, 2010, incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-03178), which reflect the boundaries approved in Resolution 07-09-49 of the Lee County Board of County Commissioners on September 25, 2007, are hereby established by this general permit. A copy of Exhibit A may be obtained from the Department as described in subsection 62-330.010(5), F.A.C. Within these NICMZs, the use of electric motors is permitted, but operators of all vessels equipped with internal combustion motors (e.g.: gasoline or diesel motors) for propulsion must turn off the internal combustion motor and, if possible to do so, tilt or raise the internal combustion motor out of the water.

2. Prior to any dredging authorized by this general permit within an Aquatic Preserve, WCIND shall demonstrate that the NICMZ(s) within that aquatic preserve have been established and marked in the field. Nothing in this rule shall be construed to relieve WCIND from obtaining sign permits required by the Florida Fish and Wildlife Conservation Commission (FWC). For this purpose, DEP authorizes WCIND to apply to FWC for all required sign permits to mark the boundaries of the NICMZs established by this general permit. WCIND shall be responsible for installing and maintaining all permitted signs.

3. WCIND will design and implement a program to monitor seagrasses within the NICMZs using various scientifically approved methods after consultation with DEP and FWC staff. The monitoring shall be designed to establish the baseline coverage of seagrasses by species, the number and coverage of prop scarring, and document any change in coverage over time. At a minimum, the first monitoring will occur within 90 days after the boundaries of the NICMZs have been marked with signage as provided in the preceding section of this general permit, and thereafter every two years for a total of ten years. The monitoring plan shall include metrics that can be used to quantitatively establish the relative success or failure of seagrass restoration and protection following establishment of the NICMZs.

(e) Dredging alignments shall not exceed the maximum depths shown in Table 1. All dredging alignments shall not exceed a maximum top width of 30 feet and a maximum bottom width of 20 feet. Overdredging to achieve the final authorized depth and width is not allowed. An as-built survey of the dredging alignment shall be submitted to the Department as provided in paragraph (3)(h), below.

(f) No more than 8,500 cubic yards of dredged material shall be cumulatively removed through authorizations by this general permit over a five-year period within each trafficshed or secondary channel system, beginning with the first project authorized under this general permit within the trafficshed or secondary channel system. Within 30 days following the completion of the as-built survey required in paragraphs (2)(e), above, and (3)(h), below, a report shall be submitted to the South District office of the Department that includes the volume of material excavated from each channel and canal within the trafficshed or secondary channel system, and the cumulative total volume of material excavated for the trafficshed or secondary channel system under this general permit within the previous five years. This report shall be included with any subsequent notices to dredge channels or canals within the same trafficshed or secondary channel system.

(g) The dredging activity is restricted to Class III Waters, or Class II Waters that are classified by the Department of Agriculture and Consumer Services under Chapter 5L-1, F.A.C., as unclassified, prohibited, restricted, or conditionally approved for shellfish harvesting.

(h) This general permit shall not apply to dredging within the limits of areas subject to currently valid individual permits under Part IV of Chapter 373, F.S.

(3) All work under this general permit shall be conducted in conformance with the general conditions of Rule 62-330.405, F.A.C., and the following specific conditions.

(a) Each dredging event for a trafficshed or secondary channel system shall require a separate notice to use this general permit. Multiple areas within a single trafficshed or secondary channel system may be included in one notice. Each notice shall be submitted with all of the following information.

1. Scaled plan and cross-sectional drawings that clearly identify the length, width, and depth (referenced to mean lower low water) of the area or areas to be dredged within each channel and canal; locations of any hydraulic pipelines between the dredge areas and the dredged material disposal sites; and identification of the channels, canals, and names of the trafficsheds or secondary channel system that are to be dredged from Table 1.

2. Identification of the source document described in subsection (1), and reference data that specifically describe the work proposed for dredging within the trafficshed or secondary channel system. All document titles, page numbers, figures, and other relevant information to the trafficshed or secondary channel system must be identified.

3. The location, dimensions, and estimated volumes of dredged material disposal sites, including the location of any water quality or habitat restoration as described in paragraph (3)(d), of this general permit and any relocation areas required under paragraph (2)(b), above. If dredged material fill will be transported over water by barge, the notice will include assurance that the barge will be designed and sized to prevent discharge of dredged material runoff, prop or hull dredging, and discharge during the loading and unloading of material. If stockpile areas are to be used for temporary disposal and transport, the type and volume capacity of such stockpile areas, including controls that will be used to prevent dredge material runoff also must be described. The notice must provide assurance any temporary stockpile areas will have no impacts to jurisdictional wetlands or surface waters.

4. The estimated volume of each proposed dredging area.

5. Identification of any special water classifications for the areas to be dredged, such as the water class (Rule 62-302.400, F.A.C.); shellfish classification under Chapter 5L-1, F.A.C.; aquatic preserve, state park, or state recreation area designation under Chapter 258, F.S.; and Outstanding Florida Water or Outstanding National Resource Water designation under Rule 62-302.700, F.A.C.

6. A resource inventory of the dredging alignments which has been prepared or updated between May through September within one year prior to the proposed dredging. The resource inventory must be conducted by an individual experienced and knowledgeable in benthic communities and seagrass identification. The resource inventory must identify the presence and location of seagrasses, oysters, coral communities, sponge beds, and macroalgae of the family Caulerpaceae. This resource inventory must also include all areas within any requested mixing zones associated with the dredging project (including outfall pipes from the dredge material disposal area), and all areas that will be occupied by dredging equipment (including cables, pipelines, dredges, barges, and stockpiling/disposal of dredged material). The resource inventory assessment within channels will be conducted as follows, although the WCIND may use equivalent assessment methods upon receiving prior written approval from the Department:

a. The assessment will be conducted along a minimum of two transects within the dredging alignment. The transects will be along a line parallel with and 5 feet within the sides of the dredging alignment,

b. The resource inventory assessment within any requested mixing zones shall be conducted along grid transects every 10 feet throughout the length and width of the requested mixing zone; and,

c. The resource inventory shall be qualitative in nature but shall include identification and location of corals, sponges, and oysters to be relocated pursuant to paragraph (2)(b), of this general permit, and include general identification and location of the extent of seagrass areas and a qualitative description of their relative extent of coverage, and density. The resource inventory shall be completed and submitted a minimum of 30 days prior to the pre-application meeting required by paragraph (3)(b), of this general permit.

7. Identification of the extent and location of all previous dredging within the past five years authorized under this general permit within the trafficshed or secondary channel system; the date of all such dredging events; the estimated cubic yards excavated from each distinct portion of the trafficshed or secondary channel system under this general permit; and the permit numbers assigned to such prior use of this general permit for the trafficshed or secondary channel system.

8. The estimated date the dredging activities are planned to begin and the estimated length of time it will take to complete the project. If the project will be accomplished in phases, the estimated starting and ending date of each phase must also be submitted.

9. A plan for monitoring water quality minimally consisting of monitoring at the dredge site, at the location of any waters receiving outfall from dredged material disposal sites, and at background and down-gradient locations in the water body where dredging is occurring and surrounding the dredged material disposal sites. The monitoring shall be designed primarily to measure in-situ turbidity, but is subject to modification based on the pre-application meeting discussion with the Department to ensure the plan is capable of detecting any potential water quality violations from the project or activities. If the dredge area is in close proximity to a facility or location likely to cause a discharge of toxic materials, the water quality monitoring as well as best management practices proposed shall be designed to retain deleterious substances during dredging. Results of the monitoring and a copy of the logs shall be submitted in accordance with paragraph (3)(f), of this general permit.

10. A description of the resources to be relocated pursuant to paragraphs (2)(b) and (3)(c), of this general permit, the methods to be used for their relocation, and the locations to which they will be relocated.

(b) A minimum of 30 days prior to submittal of a notice to use this general permit, the WCIND and Lee County shall conduct at least one pre-application meeting with the Department’s South District Environmental Resources Permitting staff to discuss project designs, implementation details, and any resource concerns, including approval of any resource relocation in accordance with paragraph (2)(b), of this general permit or water quality or habitat restoration sites in accordance with paragraph (3)(d), of this general permit. For a proposed project within an aquatic preserve, this meeting shall include the appropriate aquatic preserve manager or their designee. In the event the pre-application meeting adequately addresses all Department questions or concerns, the Department will inform the WCIND that the notice may be submitted immediately for review.

(c) To the extent seagrass, corals, sponges or clumped oysters are within the dredging footprint, they shall be relocated to the maximum extent practicable. Seagrass, oysters, corals, and sponges must be relocated only into areas previously approved in writing by the Department. Relocation shall be done in a manner that avoids adverse impacts to water quality and adjacent submerged resources. If seagrasses are relocated, the donor site within the dredge area and the location of the seagrass transplant shall be described in the application and in the pre-application meeting required under paragraph (3)(b), of this general permit. Any relocation performed under this paragraph shall be described in a detailed report to the Department’s South District office within 60 days of project completion. The report shall describe the methods used, the donor site within the dredge area, and the recipient location of the transplant. The WCIND shall provide copies to the Department’s South District office of any follow up monitoring or studies performed on the success of the transplants.

(d) All dredged material resulting from the activities authorized by this general permit shall be removed and deposited on a self-contained, upland dredged material disposal site. The only exceptions to the use of a self-contained, upland dredged material disposal site shall be: seagrass, oyster, coral, or sponge relocations as required by this general permit; or where dredged materials are to be used as part of a water quality or habitat restoration plan authorized by the Department or a water management district under Part IV of Chapter 373, F.S., in which case any discharge of dredged material shall be in compliance with all terms of that authorization. In all cases, the dredging operation, the discharge of dredged material, and the dredged material disposal site shall be designed, located, and operated such that there are no water quality violations in wetlands or other surface waters outside of a mixing zone established under paragraph (3)(e), of this general permit.

(e) In areas outside of aquatic preserves, violations of state water quality standards shall be prevented immediately outside of a mixing zone of no more than 150 meters in radius from the dredge site and from any discharge point associated with a dredge material disposal area. To the greatest extent practicable, the mixing zone shall be restricted to the limits of the dredging alignment. Within aquatic preserves, violations of water quality standards immediately outside the area of active work shall be prevented. This shall minimally consist of the use of erosion and sediment control devices, turbidity curtains or similar devices, and other best management practices, all of which shall be located immediately surrounding the area of active work and maintained in a functional condition. In addition, dredge pumping rates and volumes shall be managed to minimize discharges from dredged material disposal sites; and the management of dredged material disposal site dikes, berms, and water control structures so as to minimize erosion, breaches, and discharges. In all cases, mixing zones shall be designed to avoid living communities of stony corals [true stony corals (order Scleractinia) hydrocorals (order Milleporina)], and octocorals (subclass Octocorallia), sponge bed communities (Porifera), oyster bars (Crassostrea spp.), macroalgae of the family Caulerpaceae, and seagrass (Potamogetaceae, Hydrocharitaceae and Cymodoceae).

(f) At all times during active dredging, the collection, analysis, and monitoring of the water quality samples required under this general permit must be conducted and performed by individuals who have prior training and experience in collecting and analyzing water quality samples using the Standard Operating Procedures accessible at the Department’s Internet site and in accordance with Chapter 62-160, F.A.C. Such qualified individual(s) shall be on site at all times necessary to ensure full compliance with the requirements of this general permit. In the event the water quality monitoring required under this general permit detects violations of state water quality standards, dredging shall cease immediately until the source of the violation is identified, measures taken to avoid future violations, and the receiving waters again meet applicable water quality standards. Weekly reports describing the hours of dredging accomplished and the results of the required monitoring will be provided to the South District office of the Department. Any violations of water quality standards and/or other requirements of this general permit shall be immediately reported to the South District office of the Department.

(g) The permittee shall be responsible for ensuring that all contractors and other entities implementing this general permit comply with the following standard manatee and marine turtle conditions.

1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel shall be responsible for observing water-related activities for the presence of manatees.

2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. If the dredging activity results in any manatee being harmed, harassed, or killed as a result of construction activities, the Department will refer the matter to the Florida Fish and Wildlife Conservation Commission (FWC) for appropriate action.

3. Siltation barriers associated with any project or activity authorized by this general permit shall not block manatee entry to or exit from manatee feeding areas and the following manatee warm water refuge areas:

a. Entrance of the Chiquita Canal (which provides access to the Eight Lakes area) within the Cape Coral Southwest Trafficshed.

b. Defined manatee protection speed zone within the Franklin Locks East Trafficshed and all waters of the Caloosahatchee River within 1/4 mile east of the easternmost end of the Franklin Lock & Dam.

c. Matlacha channel (which provides access to the Matlacha Isles canal system) including the Matlacha Isles canal system in the vicinity of the Boat Lift within the Matlacha Isles/Cape Coral (northwest) Trafficshed.

d. Mouth and remainder of the Orange River within the Orange River Trafficshed.

e. All waters within the Mullock Creek Trafficshed.

4. Temporary signs concerning manatees shall be posted prior to and during dredging activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign that reads “Caution: Boaters” must be posted. A second sign measuring at least 8 1/2 inches by 11 inches explaining the requirements for “Idle Speed/No Wake” and the shut-down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at www.MyFWC.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@myfwc.com.

5. Specific personnel shall be designated as manatee observers. The designated observer(s) shall be dedicated only for this task, must be on site during all in-water dredging activities, and will advise personnel to cease operation upon sighting a manatee within 50 feet of any in-water construction activity. The observer(s) shall wear polarized sunglasses during all dredging to aid in observation, and shall work in shifts of no longer than 5 hours each. Observers shall maintain a log detailing manatee sightings, work stoppages, and other protected species-related incidents. If approved by the Department after consultation with the FWC, the WCIND shall be allowed to implement alternative measures for observing for the presence of manatees when such measures provide reasonable assurance that manatees will not be adversely affected by the alternative methodology.

6. A report, summarizing all activities noted in the observer logs, the location and name of project, and the dates and times of work shall be submitted within 30 days following project completion, to the FWC’s Imperiled Species Management Section at: 620 South Meridian Street, MS #6A, Tallahassee, Florida 32399-1600, or emailed at fcmpmail@myfwc.com.

7. No nighttime mechanical dredging, such as clamshell, shall occur. Movement of a work barge or other associated vessels shall not be performed after sunset, when the possibility of spotting manatees is negligible.

8. All channels designated as Cape Coral Southwest, Franklin Locks East, Matlacha Isles/Cape Coral (northwest), Mullock Creek, and Orange River shall be prohibited from being dredged between November 15th and March 31st of any year due to the high numbers of manatees present at these warm water refuges in the wintertime. When these areas are being dredged between April 1st and November 14th, the manatee protection measures outlined above for all other channel dredging shall be followed.

(h) An as-built survey shall be initiated within two weeks and shall be completed within 60 days after completion of dredging to document depths and widths established by the dredging. The Department shall grant additional time as reasonable to complete the survey upon submittal of written documentation of the existence of inclement weather or situations beyond the control of the permittee that prevented the timely completion of the survey, the submittal of a new timeline for completing the survey.

(i) Within 90 days of completion of each authorized dredge event under this general permit, the affected trafficshed or secondary channel system shall be marked along its entire length with aids to navigation. Markers shall be placed in a manner to facilitate safe navigation and protection of submerged natural resources. In channels dredged to less than 4 foot MLLW depth, signage that identifies areas of shallow water shall be installed, using language such as “Controlling Depth 3 feet, Local Knowledge Required,” “Use Caution,” or “Stay in Channel.” Nothing in this rule shall be construed to relieve the WCIND from obtaining permits for markers and signs required by the FWC.

(j) WCIND shall provide an as-built report and survey detailing all work performed under this authorization and its compliance with the conditions and criteria of this general permit.

(k) All reports and information required by this authorization shall be submitted to the South District DEP office.

(l) WCIND will facilitate an update of the Lee County Boaters Guide to reflect the NICMZs established by this general permit. The update will also include computer internet links to additional boater information that will enhance water quality and protection of resources within the aquatic preserves that are the subject of this general permit. WCIND will facilitate the distribution of the updated Boaters Guide to local marinas, commercial boat rental operations, and local residents.

(m) Works under this general permit shall not commence until the Department has provided written confirmation within 30 days that the notice required under paragraph (3)(a), meets all the applicable terms and conditions of this general permit.

(4) Consent is granted for the West Coast Inland Navigation District to enter upon and use state-owned submerged lands to the extent necessary to complete the permitted activities, to Lee County and the West Coast Inland Navigation District to establish, mark, and enforce the NICMZs depicted in Exhibit A.

(5) Dredged material removed from state-owned submerged lands under this general permit is exempt from the payment of severed dredged material fees in accordance with Section 253.77, F.S. However, dredged material with economic value, such as beach quality sand, shall be used for public purposes to the maximum extent practicable.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1), 403.814(1) FS. Law Implemented 253.002, 253.77(1), 253.77(4), 258.42, 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(1), 373.414(1)(b), 373.414(9), 373.416, 373.426, 403.061(34), 403.813(3), 403.814(1) FS. History–New 2-18-10, Formerly 62-341.494, 62-330.441, Amended 10-1-13.

Fla. Admin. Code R. 62-330.417 General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities

(1) A general permit is granted, except in waters that are accessible to manatees within Charlotte, Hillsborough, Levy, Manatee, and Pinellas Counties or the St. Johns River and its tributaries in Lake and Seminole Counties, for construction, alteration, maintenance, and operation of a single boat ramp for the following entities or facilities:

(a) An individual, detached single-family dwelling unit or two adjacent detached single-family dwelling units, provided the ramp is located on the shared property line.

(b) A multi-family dwelling unit, which, for the purpose of this rule, shall include attached multi-family dwelling units, regardless of the legal subdivision of the underlying property.

(c) A commercial entity, provided such ramp is open to the general public for the life of the ramp, with or without a fee and without any membership or qualifying requirements.

(d) A governmental entity, such as a federal, state, county, or municipal agency, or a water management or inland navigation district, provided the boat ramp is open to the general public for the life of the facility, with or without a fee. The following associated facilities are also authorized for governmental entities in accordance with the terms and conditions of this general permit, provided the ramp and associated facilities remain open to the general public for the life of the facility, with or without a fee: ingress and egress traffic lanes, boat trailer parking spaces, an access road, and associated accessory docks.

(2) The boat ramp and associated facilities must meet all of the following conditions:

(a) The work is not part of a larger plan of development that requires a permit under Part IV of Chapter 373, F.S.

(b) A minimum navigational access of two feet below mean low water in tidal waters or the expected average low depth in non-tidal waters, as determined based on best available information for the water body at the project location, must already exist to the proposed ramp. Depth indicators shall be installed at the ramp to identify the controlling depths of the navigational access.

(c) There shall be no work in, on, or over submerged grassbeds or coral communities.

(d) Dredging shall be limited to no more than 100 cubic yards, and in no case shall be more than is necessary to construct the boat ramp surface or restore the ramp to its original configuration and dimension.

(e) The above-water portion of the boat ramp shall be paved or otherwise stabilized to prevent turbidity.

(f) Work under this general permit shall not commence until the Agency has provided written confirmation that the applicant qualifies to use the general permit.

(g) This general permit is limited to one use per parcel of property and cannot be combined with other general permits or exemptions.

(3) Construction of the boat ramp is limited as follows:

(a) The boat ramp for a single-family or multi-family dwelling unit, under paragraph (1)(a) or (b), above, is limited to a single lane and must not exceed a width of 20 feet, including the side slopes, with the boat ramp surface not to exceed a width of 12 feet.

(b) The boat ramp for a commercial or governmental entity under paragraph (1)(c) or (d), above, is limited to a maximum of two lanes and must not exceed a width of 60 feet, including the side slopes, with the ramp surface not to exceed a width of 36 feet.

(c) Construction or expansion of a multi-family, commercial, or governmental boat ramp under paragraph (1)(b), (c), or (d), above, in waters that are accessible to manatees must meet the following criteria:

1. The proposed boat ramp facility must be consistent with the state approved manatee protection plan in counties required to have a manatee protection plan adopted under Section 379.2431(2), F.S., or in counties that have voluntarily completed a state approved manatee protection plan. Documentation of plan consistency must be submitted concurrently with the notice to use the general permit in the form of a letter of consistency concurrence from the Florida Fish and Wildlife Conservation Commission. A review by the Commission can be requested at ImperiledSpecies@myfwc.com.

2. The proposed boat ramp facility must have a kiosk or permanent information display board providing information on manatee protection and applicable manatee zones as adopted in Chapter 68C-22, F.A.C., “The Florida Manatee Sanctuary Act” (June 13, 2012) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03179), which is incorporated by reference herein and available as provided in subsection 62-330.010(5), F.A.C., for that county.

(d) A boat ramp for a multi-family residence or for commercial or governmental entities under paragraph (1)(b), (c), or (d), above, can have a maximum of two accessory docks, abutting either one or both sides of the boat ramp, provided that the cumulative square footage of accessory docks over wetlands or other surface waters does not exceed 500 square feet in Outstanding Florida Waters or 1,000 square feet outside Outstanding Florida Waters. In addition, the accessory docks shall not be used for overnight mooring.

(4) The total impervious surface in uplands that is subject to vehicular traffic associated with a boat ramp for a governmental entity under paragraph (1)(d), above, shall not exceed 1.2 acres. Before operating any portion of such a boat ramp facility that contains 4,000 square feet or more impervious surface subject to vehicular traffic, a stormwater management system meeting all of the following requirements must be constructed and fully operational.

(a) Each system must be designed by a registered professional in accordance with Chapter 471, 472, 481, or 492, F.S., as applicable, and must be constructed, operated, and maintained to serve the total project area of the boat ramp facility.

(b) No system shall accept or treat runoff from offsite areas not associated with the total project area.

(c) The system must provide treatment for a minimum stormwater retention volume of one-half inch of runoff. Recovery of the specified retention volume must occur within 72 hours by percolation through the sides and bottom of the retention basin.

(d) Impervious traffic lanes and parking areas must be graded such that runoff is directed to the stormwater treatment system.

(e) The system must include a continuous vegetated buffer strip adjacent to the downstream side of impervious areas subject to stormwater treatment. The buffer strip must be at least 25 feet wide and stabilized by well-established natural vegetation.

(f) The permittee must maintain the treatment system and buffer strips at all times for the life of the system.

(g) Upon completing construction of the stormwater management system, the system must be operated and maintained by the permittee in accordance with the terms of this general permit for the life of the system. The permittee shall perform routine inspections of the buffer to check for development of concentrated flow through it, gully erosion, or loss of vegetation, and must repair the buffer as soon as practical to restore shallow overland flow conditions and prevent further concentration of flow and damage to the buffer.

(5) Commercial or governmental entities proposing to construct a boat ramp under paragraph (1)(c) or (d), above, shall record a fully executed binding agreement in the official records of the county in which the boat ramp is located. Commercial entities shall execute and record the “Agreement to Maintain Public Access,” incorporated herein as Form 62-330.417(1), (October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02508), ensuring the facility will remain open to the general public for the life of the facility. Governmental entities shall execute and record the “Agreement to Maintain Public Access and Operate Stormwater System,” incorporated herein as Form 62-330.417(2), (October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02509), ensuring the facility will remain open to the general public for the life of the facility and to ensure that the stormwater management system associated with the boat ramp will be operated and maintained for the life of the system. Copies of incorporated materials may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), (5), 373.406(5), 373.413, 373.4131, 373.414(1), (9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Amended 12-9-09, Formerly 62-341.417, Amended 10-1-13, 6-1-18.

Fla. Admin. Code R. 62-330.420 General Permit to Local Governments for Public Mooring Fields

(1) A general permit is granted to any local government to construct, operate, and maintain a public mooring field for up to 100 vessels, including a dinghy dock and sewage pumpout dock directly supporting the mooring field.

(2) The Notice of Intent to use this general permit required under subsection 62-330.402(1), F.A.C., shall include the following additional information:

(a) Mooring Field Management Plan (Management Plan) that provides reasonable assurance that the mooring field and supporting land-based facility will comply with all of the requirements of this general permit. The Management Plan shall be binding on the permittee for the life of the mooring field. Any revisions or modifications to the Management Plan require written approval, by the Department, prior to becoming effective.

(b) All drawings and documents in support of the proposed mooring field and associated land-based support facility, including details on the anchoring systems proposed for mooring vessels in the mooring field, and any docks, pumpout facilities, kiosks, and in-water navigational signs and markers proposed.

(c) A scaled bathymetry plan showing water depths throughout the proposed mooring field, including any ingress and egress channels directly associated with the mooring field and water depths at any docks proposed at the land-based support facility.

(d) A benthic resource inventory of the proposed mooring field location as well as the areas for the proposed dinghy and pumpout docks.

(3) To qualify for this general permit, the local government must comply with the following specific conditions, in addition to the general conditions in Rule 62-330.405, F.A.C.:

(a) Management Plan:

1. At least 30 days prior to submittal of a notice to use this general permit, the local government shall conduct at least one pre-application meeting with the Department to discuss the adequacy of the Management Plan, existing or proposed land-based support facility, project design, and implementation details.

2. Example Management Plans are included in the “References and Design Aids” for Volume I, available at http://www.dep.state.fl.us/water/rulesprog.htm#erp. Entities using this general permit are not required to follow the examples.

(b) Siting Criteria:

1. Navigational access must already exist between the mooring field and the nearest customarily used access channel or navigable waters for the sizes of vessels for which the mooring field is designed to serve, such that no new dredging is required to create access or adequate mooring depths.

2. The mooring field and mooring areas associated with the dinghy dock and pumpout vessel dock shall be sited in an area with adequate circulation and flushing based on the bathymetry plan required in paragraph (2)(c), above, and the proposed drafts and types of vessels to be moored.

3. The mooring field shall be associated with an existing or permitted land-based support facility that is operational prior to the mooring field being occupied. The land-based support facility shall provide amenities and conveniences for the number of occupants that are using the mooring field (e.g., parking, bathrooms, shower facilities, laundry facilities, etc.). These details shall be included in the Management Plan.

4. The mooring field, dinghy dock, and sewage pumpout dock shall not be located in the following areas.

a. Within any marked or customarily used navigational channel, or within setbacks established by the U.S. Army Corps of Engineers for federal channels.

b. Where they would adversely affect waters classified by the Department of Agriculture and Consumer Services as approved, conditionally approved, restricted, or conditionally restricted for shellfish harvesting as set forth in Chapter 5L-1, F.A.C. This can be demonstrated by providing a letter of no objection from the Department of Agriculture and Consumer Services. However, no letter is required if a project will be located in Palm Beach, Broward, or Miami-Dade County.

c. Where they would adversely affect critical habitat designated by the U.S. Fish and Wildlife Service or U.S. National Marine Fisheries Service for any federally-listed threatened or endangered species under the Endangered Species Act of 1973.

d. In predominantly fresh waters as defined in Chapter 62-302, F.A.C.

(c) Design criteria:

1. The mooring field shall accommodate no more than 100 vessels (excluding any dinghies that may be attached to parent vessels).

2. Vessel mooring systems and the installation plans must be designed by a Florida registered professional so that the mooring systems with vessels attached withstand, at a minimum, tropical storm force winds and so that the associated tethers, lines, and buoys do not scour or damage the bottom. The mooring system and associated tethers, lines, and buoys shall be maintained for the life of the facility.

3. The mooring field shall be permanently associated with a land-based support facility that provides the following:

a. Pumpout either fixed or portable, or a pumpout vessel under contract for service or owned by the land-based support facility capable of serving all vessels using the mooring field, and a plan for regular pumpouts of vessels when needed.

b. A landing platform or dinghy dock for mooring field users to access the land-based support facility, as well as a dock for a fixed sewage pumpout or mooring for the pumpout vessel if one is requested. Such docks are authorized to be constructed under this general permit, provided neither dock exceeds 500 square feet of structure over wetlands and other surface waters, and sufficient water depth exists at the dock for the sizes of vessels for which the dock is designed to serve.

4. The mooring field shall be marked in accordance with Florida Fish and Wildlife Conservation Commission requirements under Chapter 327, F.S., including markings of the outside boundaries of the mooring field.

5. Dredging and filling of wetlands or other surface waters is authorized only for the installation of pilings; mooring buoys; vessel mooring systems; mooring field regulatory; boundary, and information markers; dinghy docks; and sewage pumpout docks.

6. If located in a county with a Manatee Protection Plan (MPP) approved by the Florida Fish and Wildlife Conservation Commission, the mooring field shall be designed and maintained in conformance with the MPP. Documentation of plan consistency must be submitted concurrently with the notice to use the general permit in the form of a letter of consistency from the Commission. A review by the Commission can be requested at ImperiledSpecies@myFWC.com.

(d) Operational Criteria:

1. The local government or its contracted entity shall operate and maintain the mooring field and land-based support facility in accordance with the terms of this general permit, the Management Plan, and sovereign submerged lands lease (if applicable) throughout the life of the mooring field.

2. Occupied vessels with Type III marine sanitation devices shall be required to have their holding tanks pumped out, at a minimum, on a 7-day interval while continuously moored in the mooring field. The Management Plan shall specify a pumpout plan, tracking and inspection times, which generally shall not be less than a minimum 7-day interval. The pumpout plan shall include a flag notification system for facilities that are using a pumpout vessel and a proposed inspection schedule for Type I or II systems.

3. The local government must provide, at the land-based support facility, for the regular collection of solid waste, sewage, and recyclable goods from vessels moored at the mooring field. All collected sewage waste must be discharged at a facility permitted by the Department or the Florida Department of Health.

4. The local government must provide information to users explaining ways to minimize discharges of grey water, including encouragement to use land-based support facilities. This information also shall be included in the Management Plan.

5. The following activities are prohibited in the mooring field and at the dinghy dock and sewage pumpout dock at the land-based support facility, unless specifically authorized in the Management Plan or a separate, valid authorization under Part IV of Chapter 373, F.S.:

a. Major boat repair and maintenance.

b. Fueling activities. However, this shall not prevent fueling at the land-based support facility.

c. Boat hull scraping or painting.

6. The local government shall identify in the Management Plan whether it will provide brochures, or install and maintain a kiosk or permanent information display board in a clearly visible location at the land-based support facility, providing information on:

a. Operational provisions and restrictions associated with use of the mooring field and land-based support facility,

b. Manatee protection and applicable manatee zones as adopted in Chapter 68C-22, F.A.C., which is incorporated by reference in subparagraph 62-330.417(3)(c)2., F.A.C.,

c. Location and availability of sewage pumpout facilities and procedures,

d. Navigational ingress and egress to the mooring field and land-based support facility, including identification of channel markers, shoals, and other significant navigational issues, such as controlling water depths; or by providing charts for sale or a location where they may be purchased,

e. Seagrasses, corals, and other significant resources in the adjacent waters, such as their location, protection, and avoidance of impacts, and their importance to the water resources; and,

f. Prohibitions on discharging trash, sewage, and hazardous wastes into the water, and ways to minimize discharging grey water into the water.

(e) Sovereignty Submerged Lands Lease:

1. All public mooring fields and associated land-based support facilities located on sovereignty submerged lands require a lease from the Board of Trustees of the Internal Improvement Trust Fund in accordance with the application procedures and requirements of Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.

2. The lease boundary shall include the over-water surface area of the mooring field, encompassing all of the swing areas and square footage between the swing areas including internal thoroughfares.

3. The lease boundary shall include the preempted area for the dinghy dock and the sewage pumpout dock that contains a temporary mooring area to access a fixed sewage pumpout and for the mooring of a sewage pumpout vessel, if these structures are proposed and located on sovereignty submerged lands and not part of an existing lease or other forms of authorization by the Board of Trustees of the Internal Improvement Fund.

4. The Management Plan shall be referenced in the lease, when located over sovereignty submerged lands.

History

• Rulemaking Authority 373.043, 373.044, 373.118(4), 373.4131 FS. Law Implemented 373.117, 373.118, 373.413, 373.414, 373.416, 373.422 FS. History–New 11-19-15.

Fla. Admin. Code R. 62-330.427 General Permit for Docks, Piers and Associated Structures

(1) A general permit is granted to any person to construct, extend, or remove a dock or pier and associated structures as described below:

(a) A private, single-family pier or dock with up to two boat lifts that, together with all existing structures on the shoreline of the property, does not exceed a total area of 2,000 square feet over surface waters. Such a structure:

1. Shall not accommodate the mooring of more than two vessels, either in the water or on a boat lift. Solely for purposes of this general permit, up to two personal watercraft as defined in section 327.02(33), F.S., may be moored in lieu of either or both allowable vessels of another type. These limits shall not apply to the mooring, storage or other use of the dock or pier by:

a. Non-motor-powered vessels less than 16 feet in length that are stored on or under the dock or pier, or within an authorized mooring area; or

b. Personal watercraft, dinghies or similar small vessels that are stowed out of the water, upon a larger parent vessel that is moored at the dock in compliance with this general permit.

2. Shall be located such that all areas used for vessel mooring and navigational access already provide a minimum depth of two feet below the mean low water level for tidal waters, or two feet below the expected average low water depth for non-tidal waters as determined based on best available information for the water body at the project location; and

3. May include a roof over the vessel mooring areas, boat lifts, and terminal platform, or any portions thereof, subject to the applicable provisions of Chapters 253 and 258, F.S., and the rules adopted thereunder. Portions of such roofs that overhang beyond the edge of decked portions of the pier or dock shall be included in the calculation of the total square footage of over-water structure allowed under paragraph (1)(a), above.

(b) A public fishing pier that does not exceed a total area of 2,000 square feet provided the structure is designed and built to discourage boat mooring by elevating the fishing pier to a minimum height of five feet above mean high water or ordinary high water, surrounding the pier with handrails, and installing and maintaining signs that state “No Boat Mooring Allowed.”

(2) This general permit shall be subject to the following specific conditions:

(a) Construction or extension of the boat lift, boat mooring locations, or terminal platform, shall not occur over submerged grassbeds, coral communities or wetlands. However, the access walkway portion of the pier may traverse these resources provided it is elevated a minimum of five feet above mean high water or ordinary high water, contains handrails that are maintained in such a manner as to prevent use of the access walkways for boat mooring or access, and does not exceed a width of six feet, or a width of four feet in Aquatic Preserves;

(b) There shall be no structures enclosed by walls, screens, or doors on any side;

(c) The dock or pier will not facilitate vessel rentals, charters, or serve any other commercial purpose;

(d) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on the structures authorized by this general permit. In addition, no overboard discharges of trash, human or animal waste, or fuel shall occur from any structures authorized by this general permit;

(e) This general permit shall not authorize the construction or extension of more than one dock or pier per parcel of land or individual lot. For the purposes of this general permit, multi-family living complexes shall be treated as one parcel of property regardless of the legal division of ownership or control of the associated property; and

(f) Notwithstanding any other provisions of this general permit, the design, construction and operation of the dock or pier and associated vessels shall not conflict with any manatee protection plan approved and adopted under Section 379.2431(2)(t), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.427, Amended 10-1-13, 6-1-18.

Fla. Admin. Code R. 62-330.428 General Permit for Floating Vessel Platforms and Floating Boat Lifts

A general permit is granted to the owner of an individual, detached, private single-family residence to construct, alter, operate, maintain, and remove floating vessel platforms or floating boat lifts (“platforms or lifts”) at their residence, under the following conditions:

(1) Platforms and lifts are authorized only at a dock or along a seawall associated with an individual, detached, private single-family residence on the contiguous uplands. For purposes of this general permit, an individual, detached, single-family residence does not include duplexes, triplexes or quadruplexes.

(2) The dock or seawall must meet one of the following:

(a) It was built prior to July 1, 1975;

(b) It complies with a permit issued under Chapter 403, F.S., or Part IV of Chapter 373, F.S., or

(c) It was built in accordance with an exemption under Section 403.813(1), F.S.

(3) The platforms and lifts:

(a) Shall not be located within an aquatic preserve as designated and described in Chapter 258, F.S., or within federally designated critical habitat for Johnson’s seagrass (Halophila johnsonii);

(b) Shall be limited in size as follows:

1. If built in artificial waters and residential canal systems, the platforms and lifts must not cumulatively exceed 1,000 square feet. “Cumulatively” means either alone or in combination with any other platforms or lifts along the person’s shoreline.

2. If built within Outstanding Florida Waters, the platforms or lifts must not cumulatively exceed 300 square feet along the person’s shoreline.

3. If built in waters other than those listed above, the platforms and lifts must not cumulatively exceed 675 square feet along the person’s shoreline.

(c) Shall not be located over submerged grassbeds, attached macroalgae, coral communities, or wetlands;

(d) Shall be used solely for the purpose of storing a vessel or vessels, such that the vessel or vessels are stored out of the water at all times when not in use;

(e) Shall not be added to structures or located in areas where boat mooring is specifically prohibited under a permit issued under either Chapter 403, or Part IV of Chapter 373, F.S., or an authorization under Chapter 253 or 258, F.S.; and,

(4) If located within submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, the following additional conditions must also be met to qualify for consent to use and occupy such lands under Chapter 253, F.S.

(a) The platforms and lifts must be installed, operated and maintained in conformance with all the applicable terms and conditions of subsections 18-21.004(3) and (7), F.A.C., (March 12, 2012), and rule 18-21.0041, F.A.C. (March 23, 2012);

(b) The platforms and lifts must not extend more than 25 percent into the width of the waterway, as measured from approximate mean high water to approximate mean high water in tidal waters, or from approximate ordinary high water to approximate ordinary high water in non-tidal waters;

(c) Platforms and lifts located on any lands under the jurisdiction or management of the Department’s Division of Recreation and Parks must have prior written approval by the Division of Recreation and Parks, and such approval must be submitted with the notice to use this general permit.

History

• Rulemaking Authority 373.026(7), 373.043, 373.044, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1), 403.813(1), 403.814(1) FS. Law Implemented 253.04, 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.813(1), 403.814(1) FS. History–New 8-4-05, Formerly 62-341.428, Amended 10-1-13.

Fla. Admin. Code R. 62-330.431 General Permit for Installation of Riprap

(1) A general permit is granted to any person to install riprap:

(a) At the toe of an existing vertical seawall, provided the slope of the riprap is no steeper than two horizontal to one vertical and the horizontal distance from the toe of the seawall is no more than 10 feet;

(b) At an individual, private residential single-family property that is not part of a larger plan of common development, provided:

1. The slope of the riprap is no steeper than two horizontal to one vertical, and the toe of the riprap is no more than 10 feet waterward of the existing mean high water line or approximate ordinary high water line;

2. Riprap is not placed along a length of shoreline of more than 100 linear feet, and is not combined as part of any other use of this general permit on the same parcel of land; and

3. Erosion has occurred, or is likely to occur, along the shoreline.

(2) This general permit shall be subject to the following specific conditions:

(a) The riprap consists only of natural boulders or clean concrete rubble one to three feet in diameter in average dimension, and there are no reinforcing rods or other similar protrusions in the concrete rubble;

(b) There is no filling of submerged grassbeds or coral communities;

(c) The amount of wetland area filled shall not exceed 100 square feet; and,

(d) There is no backfilling to obtain useable upland, to straighten an otherwise sinuous shoreline, or to reclaim land lost by avulsion or erosion.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.431, Amended 10-1-13, 6-1-18.

Fla. Admin. Code R. 62-330.437 General Permit for Installation of Fences

A general permit is granted to install, maintain, or remove a fence in wetlands or other surface waters under all of the following conditions:

(1) The fence shall not be located on state-owned submerged lands or in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department of Agriculture and Consumer Services for shellfish harvesting.

(2) Fences installed within navigable waters other than isolated waters that are wholly owned by one private entity shall:

(a) Not adversly affect navigation, block any waterway or channel, or cause a navigational hazard;

(b) Be installed such that all fence posts located waterward of the mean or ordinary high water line rise at least two feet above the mean high water or the ordinary high water elevation and are marked and maintained with reflectors visible from all directions; and

(c) Extend no more than 25 feet waterward into the open water, beyond the shoreline, or riparian areas of emergent wetland vegetation, whichever is more waterward.

(3) The fence shall be constructed of horizontal metal wire attached to posts, which may include occasional perpendicular wires to maintain spacing, but shall not include any chain-link or other mesh components.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.437, Amended 10-1-13, 6-1-18, Reviewed 7-17-26.

Fla. Admin. Code R. 62-330.439 General Permit for Construction or Maintenance of Culverted Driveway or Roadway Crossings, and Bridges of Artificial Waterways

(1) A general permit is granted to any person for the purpose of constructing or maintaining a culverted driveway or roadway crossing, or bridge of an artificial waterway, provided:

(a) This general permit shall apply only to wholly artificial, non-navigable drainage conveyances;

(b) A culvert or culverts shall be placed under the roadway or driveway;

(c) The size and number of the culvert(s) shall be adequate to pass normal high water stages of the artificial water body being crossed. In no instance shall the culvert(s) provide a smaller cross-sectional area or hydraulic capacity than any upstream culvert;

(d) The elevation of the culvert invert shall be at the existing bottom grade of the artificial waterway;

(e) The length of the driveway, roadway or bridge crossing the waterway shall not exceed 50 feet top of bank to top of bank;

(f) The top width of the driveway, roadway, or bridge shall not exceed 75 feet, the toe to toe width shall not exceed 100 feet, and the side slopes shall not be steeper than two horizontal to one vertical; and,

(g) The maintenance of the roadway, driveway or bridge shall continue to provide at least the same volume of discharge through the culvert(s).

(2) If dewatering or channel flow diversion is performed, temporary fill dikes and dewatering discharges shall be installed and constructed so that no upstream flooding or impoundment occurs. Any temporary works shall be completely removed and all areas upstream and downstream from the crossing shall be restored to grades, elevations, and conditions existing before construction.

(3) This general permit shall apply only to a maximum of two crossings on a given parcel of property, with a minimum distance of 500 feet between crossings.

(4) This general permit shall not apply if relocation of all or part of the artificial waterway is required.

(5) This general permit does not authorize any road construction or alteration connecting to a crossing.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Formerly 62-341.439, Amended 10-1-13.

Fla. Admin. Code R. 62-330.441 Noticed General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1), 403.814(1) FS. Law Implemented 253.002, 253.77(1), 253.77(4), 258.42, 373.118(1), 373.406(5), 373.413, 373.414(1), 373.414(1)(b), 373.414(9), 373.416, 373.426, 403.061(34), 403.813(3), 403.814(1) FS. History–New 2-18-10, Formerly 62-341.494, Transferred to 62-330.412.

Fla. Admin. Code R. 62-330.443 General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Bridge Alteration, Placement, Replacement, Removal, Maintenance, and Operation

(1) A general permit is granted to the Florida Department of Transportation, counties, and municipalities to conduct the activities described below:

(a) For existing maintained roadways and causeways, the alteration, placement, replacement, removal, modification, or maintenance of bridges or bridge culverts and approaches where the combined total of dredging and filling, both temporary and permanent, in wetlands and other surface waters does not exceed 0.5 acre. The total work conducted under notices of intent to use this general permit shall result in the creation of no more than 0.5 acre of new overwater structure for any bridge crossing, including parallel spans, and no new structure area over waters within federally designated critical habitat of Johnson’s seagrass (Halophila johnsonii).

(b) Channel clearing and shaping, not to exceed a combined total of 0.5 acre of dredging and filling in wetlands and other surface waters, to facilitate maximum hydraulic efficiency of the structures detailed in paragraph (a), above, where the spoil material is used on an upland portion of the project or is deposited on a self-contained, upland spoil site. Escape of spoil material or water from the spoil deposition area into wetlands or other surface waters is prohibited.

(2) This general permit shall be subject to the following specific conditions:

(a) No dredging of access or work channels is authorized by this general permit;

(b) Temporary fill roads shall not be constructed waterward of mean high water or ordinary high water;

(c) All fill placed in wetlands, other than fill on which a bridge or approach is constructed, shall be regraded to the original wetland elevations and revegetated with native wetland species endemic to adjoining, undisturbed wetlands, within seven days of completion of construction. Within “clear zones,” revegetation shall be with native herbaceous species endemic to adjoining, undisturbed wetlands. During the five-year period following the initial planting or restoration of the site, these areas shall be maintained to ensure planted or naturally recruited native wetland species are surviving and growing, and that the areal coverage of exotic and invasive species constitutes less than 10% areal coverage;

(d) Hydraulic openings of bridges shall be sufficient to prevent downstream scour, increased downstream water velocities, and increased flood elevations on the property of others;

(e) Minimum horizontal and vertical navigational clearances on bridges over navigable waters of the United States shall be established in accordance with procedures outlined in Chapter 2 of the U.S. Coast Guard Bridge Administration Manual, COMDTINST M16590.5C, (March 26, 2004), incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-03150), a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C, and in no circumstance shall placement or replacement of a bridge result in a reduction of horizontal and vertical navigational clearances;

(f) Replacement or modification of a bridge that includes changes in the configuration of the bridge and fill areas due to changes in materials, construction techniques, or meeting current construction codes or safety standards are authorized under this permit. Any connecting road expansion or alteration associated with such replacement or modification must be authorized by a separate general or individual permit under Chapter 62-330, F.A.C., as applicable, before the start of construction; and

(g) This general permit does not authorize the construction of additional travel lanes for motorized vehicles, except that any single-lane bridge may be widened to two travel lanes, provided the bridge widening does not exceed that reasonably necessary to match the existing travel lane alignment of a two-lane road. This permit does not authorize new corridors or roadway connections where there is no existing structure over wetlands or waterways.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.419, 403.814(1) FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.443, Amended 10-1-13, 6-1-18.

Fla. Admin. Code R. 62-330.447 General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities within Existing Rights-of-Way or Easements

(1) A general permit is granted to the Florida Department of Transportation, counties, and municipalities to conduct the activities described below.

(a) The extension of existing culverts and crossing approaches that are authorized under a separate permit or exemption under Part IV of Chapter 373, F.S., as applicable, to accommodate widening of the roadway where excavation or deposition of material shall not exceed 1,000 cubic yards in wetlands and other surface waters and the area from which material is excavated or to which material is deposited shall not exceed a total of 0.25 acre at any one culverted crossing. The 1,000 cubic yardage limitation shall be separately applied to excavation and deposition of material.

(b) Relocation, recontouring, widening, or reconstruction of existing highway drainage ditches through uplands provided the floor elevation of the ditch is not deepened below the original design elevation and provided that the work does not cause a change in the hydrology of any wetlands which are connected to or which are adjacent to the ditch.

(c) Culvert placement, replacement, and maintenance associated with existing roadways, provided that construction does not cause scour in the downstream waters or increase the velocity of the water downstream, does not reduce existing flood conveyance of the stream for the 100-year flood flow and does not reduce existing flood storage within the 10-year flood plain. The material excavated or deposited as fill shall not exceed 1,000 cubic yards in wetlands and other surface waters. The cross sectional area of the culvert shall not be reduced, unless the reduced cross section provides an equal or greater discharge capability. In the case of a culvert replacement as a wildlife crossing, the cross sectional area shall not be reduced.

(d) Construction of temporary bypass lanes and stream channel diversions necessary to complete projects detailed in paragraph (c), above, provided the area used for the temporary bypass lanes and temporary diversion is restored to its previous contours and elevations.

(e) Channel clearing and shaping, not to exceed a combined total of 0.5 acre of dredging and filling in wetlands and other surface waters, to facilitate maximum hydraulic efficiency of structures authorized by paragraph (c), above, where the spoil material is used on an upland portion of the project or is deposited on a self-contained, upland spoil site. Escape of spoil material and return water from the spoil deposition area into wetlands or other surface waters is prohibited.

(f) Ditch or canal bank and bottom stabilization necessary to repair erosion damage to restore previously existing ditch configurations. Authorized repair methods are placement of riprap, sand cement toe walls, clean fill material, poured concrete, geotechnical textiles and other similar stabilization materials. The placement of riprap or other lining materials shall be limited to a length of 500 feet along the axis of the ditch or canal. This general permit shall not be applicable within one-quarter mile along the length of an area, within the same ditch, which has been stabilized under this general permit within a three-year period.

(g) Roadway safety activities, such as installation of shoulders, sidewalks, guard rails, signs, poles, and mast arms within an existing right-of-way that incur no more dredging or filling than 500 square feet per activity, provided the total impact to wetlands or other surface waters does not involve more than 0.5 acre.

(2) This general permit shall be subject to the following specific conditions:

(a) The permittee shall limit stream channel relocation to streams which have an average discharge of 10 cubic feet per second or less. The length of relocated channels or those significantly altered shall be limited to 200 feet per stream. A stream channel shall be altered only when such a measure will reduce the long term adverse water quality impacts and will maintain or restore the stream’s natural hydraulic capability; and

(b) This general permit shall not apply to ditch construction in Class I or Class II surface waters, Outstanding National Resource Waters or waters designated as Outstanding Florida Waters.

(c) Activities under this general permit must not diminish existing stormwater treatment, attenuation, or conveyance capacity.

(d) This general permit does not authorize the construction of additional traffic lanes. Activities that require additional traffic lanes must first obtain an individual environmental resource permit under this chapter, as applicable, before the start of construction.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.419, 403.814(1) FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.447, Amended 10-1-13, 6-1-18.

Fla. Admin. Code R. 62-330.448 General Permit to Counties and Municipalities to Pave Existing County or Municipally Owned and Maintained Roads, including the Repair and Replacement of Bridges that are Part of the Roadway

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1), 403.813(1)(t) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418, 373.419, 403.813(1)(t) FS. History–New 2-22-07, Amended 10-1-07, Formerly 62-341.448, Repealed 10-1-13.

Fla. Admin. Code R. 62-330.449 General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Airport Airside Stormwater Management Systems

(1) A general permit is granted to the owner of a public or private airport or military airbase for the construction, alteration, abandonment, removal, operation, and maintenance of stormwater management systems that serve permanently-paved airside activities, which, for the purposes of this rule, are defined as those components of an airport, airbase, or runway used for aircraft taxiing, landing, takeoff, loading, unloading, service materials storage and service equipment parking.

(2) The stormwater management systems shall be:

(a) Designed such that the stormwater nutrient loading does not exceed the stormwater nutrient loading from natural vegetative communities. The calculation of such loadings shall be done using the methodology and data set forth in the Statewide Airport Stormwater Best Management Practices Manual, (“Airside BMP Manual”) Florida Department of Transportation-Aviation Office (April 27, 2013), incorporated by reference herein (pages 1-63: http://www.flrules.org/Gateway/reference.asp?No=Ref-03183, pages 64-Appendix L: http://www.flrules.org/Gateway/reference.asp?No=Ref-03184). A copy may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.

(b) Constructed, altered, operated, and maintained such that the runoff from airside activities drains directly to pervious areas that employ one or more of the following applicable structural Best Management Practices (BMPs):

1. Overland flow, as described in Section 605.a. of the Airside BMP Manual.

2. Dry retention basin, as described in Section 605.b. of the Airside BMP Manual.

3. Swales, as described in Section 605.c. of the Airside BMP Manual.

(c) This general permit is only authorized for use where post development site conditions comply with the criteria set forth above.

(3) The projects in subsection (2), above, must also be constructed, operated, and maintained to comply with the following design criteria and performance standards:

(a) There shall be no dredging or filling in wetlands or other surface waters other than those within existing stormwater management systems.

(b) Discharges cannot adversely affect the conveyance capacity of receiving waters, and cannot increase flooding of off-site property or to property not owned by the permittee, based on the design storm specified for the site locale.

(4) Stormwater management systems serving airside areas that consist of underdrains, wet detention systems, other retention methods, and/or alternative treatment systems do not qualify for authorization under this general permit.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.118(6), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), (6), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418 FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.450 General Permit for Construction, Alteration, and Operation of Urban Infill and Redevelopment Activities in Conformance with the Conceptual Approval Permit in Rule 62-330.055, F.A.C

A general permit is issued that authorizes construction, alteration, operation, and maintenance of urban infill and redevelopment projects contemplated by a conceptual approval permit issued under Rule 62-330.055, F.A.C., provided all the following conditions are met:

(1) The activities must be within an urban infill and redevelopment area or a community redevelopment area created under Chapter 163, F.S., where a conceptual approval permit has been issued under Rule 62-330.055, F.A.C.

(2) The notice of intent to use this general permit must include one set of construction plans and calculations prepared by a registered professional that:

(a) Depict all stormwater management features, all existing and proposed impervious areas, all existing and proposed pervious areas, and the land uses within the site of the proposed activities.

(b) Demonstrate a reduction of loading of pollutants, as identified in the conceptual approval permit, under the existing and proposed conditions at the site of the proposed activities.

(c) Constitute a design consistent with the terms and conditions of the conceptual approval permit, including an identification of the owner and operator of the stormwater management systems, and a demonstration of acceptance of such responsibility by that owner or operator.

(d) Identify the specific location within the urban infill and redevelopment or community redevelopment area where activities are proposed, including any areas within or connected to the development area that have been or will be set-aside for preservation, or where construction otherwise is not to occur.

(3) The Agency shall have 30 days upon receipt of the notice to respond as to whether the plans and calculations are in substantial compliance with the conceptual approval permit. If they are, construction of that portion of the site addressed by those plans may commence. If the Agency determines that the plans and calculations are not in substantial compliance with the conceptual approval permit, the Agency shall, within 30 days of receipt of the notice, inform the applicant of the inconsistencies, the measures needed to address those inconsistencies, and that verification of qualification to use the general permit is denied without prejudice. The applicant may resubmit a notice to use this general permit once those inconsistencies have been addressed. Construction of the projects that are the subject of the original notice shall not commence until the permittee has resubmitted a revised notice and obtained verification that the activities qualify for the general permit.

(4) Construction must be performed in compliance with the terms and conditions of the conceptual approval permit.

(5) As part of reviewing the qualification to use this general permit, the Agency will verify the number of debits that must be made to the ledger of target pollutant loads (mass per acre) if the activities included in the notice are constructed, and will debit that amount from the master ledger approved in the conceptual approval permit.

(6) Within 30 days of completion of construction, the registered professional shall submit certification that construction was completed in substantial conformance with the plans and calculations that were submitted in the verified qualification to use this general permit.

(7) This general permit authorizes construction of the above authorized projects within a duration of five years from verification of qualification; operation and maintenance of the authorized system shall be the responsibility of the owner and operator for the life of the project or activity.

(8) Unless the conditions of subsection 62-330.055(6), F.A.C. have been met, this general permit cannot be used to construct roads, parking areas, buildings, and other structures on areas where work in wetlands and other surface waters requires an individual permit under this chapter, or on lands served by a stormwater management system authorized by the individual permit.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.118(6), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), (6), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418 FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.451 General Permit to Counties, Municipalities, and other Agencies to Conduct Stormwater Retrofit Activities

(1) A general permit is granted to counties, municipalities, state agencies and water management districts to construct, operate, and maintain stormwater retrofit activities as authorized below for improving existing surface water and stormwater systems. This general permit may be used in conjunction with exempt activities.

(2) Types of stormwater retrofit activities authorized under this general permit are:

(a) Construction or alteration that will add additional treatment or attenuation capacity and capability to an existing stormwater management system;

(b) The modification, reconstruction, or relocation of an existing stormwater management system or stormwater discharge facility;

(c) Stabilization of eroding banks, and installation of structures such as gabions to limit bank erosion; or

(d) Excavation or dredging to remove sediments or other pollutants that have accumulated in existing surface waters as a result of stormwater runoff and stormwater discharges, provided the material removed is not deposited in existing wetlands or other surface waters.

(3) Stormwater retrofit activities shall not:

(a) Be proposed or implemented for the purpose of providing the water quality treatment or flood control needed to serve new development or redevelopment; or

(b) Include a dam that has more than 50 acre-feet of storage capacity if the dam is more than five feet high, nor a dam having a height of ten or more feet, regardless of storage capacity. Height is measured from the top of the dam to the natural bed of the stream or watercourse at the downward toe of the dam, or from the lowest elevation of the outside limit of the dam to the maximum elevation of the dam.

(4) There is no limit to the acreage of stormwater retrofit activities in artificial waters. Work in wetlands and non-artificial surface waters shall be limited to no more than 0.5 acre.

(5) A stormwater quality retrofit activity must result in at least one of the following:

(a) Addition of treatment capacity to an existing stormwater management system such that it reduces stormwater pollutant loadings to receiving waters;

(b) Addition of treatment or attenuation capability to an existing developed area when either the existing stormwater management system or the developed area has substandard stormwater treatment or attenuation capabilities, compared to what would be required for a new system requiring a permit under Part IV of Chapter 373, F.S.; or

(c) Removal of pollutants generated by, or resulting from, previous stormwater discharges.

(6) A water quantity retrofit project proposed to reduce existing flooding problems must be designed in such a way that the project does not:

(a) Result in a net reduction in water quality treatment provided by the existing stormwater management system; nor

(b) Increase discharges of untreated stormwater entering receiving waters.

(7) The project must be designed, constructed, and implemented as a complete, stand-alone project within the construction phase duration of a general permit, and such that it will not at any time during its construction or operation:

(a) Cause or contribute to any water quality violations;

(b) Contribute to any existing violation if it discharges pollutants into waters where existing ambient water quality does not meet water quality standards for those pollutants. In such a case, the project must include measures that will cause a net improvement in the receiving waters for those pollutants in accordance with Section 373.414(1)(b)3., F.S.;

(c) Adversely affect the value of functions provided to fish and wildlife by wetlands or other surface waters;

(d) Adversely affect the hydroperiod of wetlands on adjacent lands or the hydroperiod of other wetlands upstream, downstream, or adjoining to the work area under subsection (4), above;

(e) Cause or contribute to increased flooding of adjacent lands or cause new adverse water quantity impacts to receiving waters;

(f) Add or increase any chemical treatment;

(g) Be operated by pumps or other mechanical or adjustable features; nor

(h) Adversely impact the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S.

(8) The entity conducting this general permit must conduct at least one pre-notice meeting with Agency staff having responsibility for the review of the proposed activities. The notice required in Rule 62-330.402, F.A.C., shall include materials reflecting the recommendations of the Agency discussed during that meeting, and demonstrating compliance with the above, including a certification by a registered professional that the proposed activity will meet the criteria specified above. Such certification shall include appropriate design analyses, pollutant loading analyses, modeling and other engineering calculations, drawings, specifications and other information to support, describe, verify, and document the registered professional’s certification.

(9) Nothing in this general permit will preclude a county or municipality from obtaining and implementing a Basin Management Action Plan with water quality credits for activities performed under this authorization.

(10) Within 30 days after completion of construction, a registered professional shall submit certification that construction was completed in substantial conformance with the plans and calculations that were submitted in the notice to use this general permit.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.118(6), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), (6), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418 FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.453 General Permit for Installation, Maintenance, Repair, and Removal of Utility Lines

(1) A general permit is granted for the installation, maintenance, repair, and removal of underground utility lines, cable, conduit, or pipeline transmitting electricity, communication signals, potable water, raw water, reclaimed water, domestic wastewater, propane gas or natural gas.

(2) For the purposes of this general permit:

(a) “Directional drilling” means the linear or curvilinear excavation of a tunnel or conduit, in any direction, through the use of drilling equipment that can change direction during excavation; this also includes borehole reaming and pulling following primary drilling.

(b) “Jack-and-bore” means the linear, primarily lateral excavation of a tunnel, typically between excavated subgrade pits, through use of drilling equipment and encasement which is advanced under mechanical force, and includes similar methods commonly termed as “microtunneling.”

(c) “Frac-out” means any release of drilling fluid or slurry which results in above-grade discharge of drilling fluid or slurry or significant loss of such fluid or slurry into the surrounding parent material.

(3) This general permit is limited as follows:

(a) No work occurs within Outstanding Florida Waters, Aquatic Preserves, or Class I waters.

(b) The installation of conduit or pipeline to drain wetlands or other surface waters is not authorized.

(c) Prior to work, existing pipelines shall be evacuated of substances which, if released, could result in a violation of state water quality standards.

(d) The maximum width of the disturbed corridor in wetlands shall not exceed 30 feet.

(e) The total area of forested wetland disturbance shall not exceed 0.5 acre per ten miles of cable, conduit, or pipeline.

(f) Minor above-grade improvements may be constructed in uplands under this general permit, but shall be limited to vents, valves, meter assemblies, relays, junction boxes, pads or similar structures that are directly connected to the utility line, do not create discharges, and which cumulatively comprise no more than 100 square feet of impervious surfaces per mile of utility line.

(g) Installation, maintenance, repair, and removal activities performed via trenching or methods other than directional drilling or jack-and-bore, are subject to the following special conditions:

1. The maximum width of the excavated trench shall not exceed eight feet, with temporary spoil storage banks not to exceed ten feet in width;

2. For a trench with a top width greater than three feet in herbaceous wetlands, the upper layer of the soil horizon shall initially be scraped and segregated into a spoil bank that is separated from the spoil bank resulting from the excavation of the trench for the utility line. The upper layer of the soil horizon shall be replaced as the last step of restored grades to facilitate natural revegetation;

3. Trenching in surface waters shall be limited to wetlands, artificial waters, and residential canal systems; and

4. Temporary spoil banks shall contain breaches that prevent impoundment or restriction of surface water flows;

(h) Installation, maintenance, repair, and removal conducted using directional drilling or jack-and-bore methods are subject to the following special conditions:

1. The maximum outside diameter of the cable, conduit or pipeline, including encasement, shall not exceed 30 inches.

2. A minimum depth of cover, equal to the greater of either five feet, or five times the maximum encased diameter of the utility line to be installed, shall be maintained between the top of the utility line and casing and the soil surface or submerged bottom of any wetland or waterbody being crossed.

3. All work areas associated with directional drilling or jack-and-bore activities, including entrance and exit pits, drill rigs, tanks, pumps, drilling fluid mixing and settling pits, dewatering systems and staging areas for pipe, cables, and drill string, shall be located within uplands.

4. The use of drilling fluids shall not cause or contribute to a violation of state ground water quality criteria or standards, as defined in Chapter 62-520, F.A.C.

5. The permittee shall, at least 48 hours prior to commencement of any directional drilling or jack-and-bore activities, submit to the agency the name, as registered with the Florida Department of State, and all-hours telephone contact information of all contractors responsible for drilling and for containment and cleanup in the event of a drilling fluid frac-out or spill.

6. The contractor shall, at all times during directional drilling activities, maintain appropriate equipment and materials in a readily-accessible location and condition, to effectively contain and clean up a drilling fluid frac-out or spill.

7. The permittee or the permittee’s contractor shall, at all times during directional drilling activities, ensure that appropriately-trained personnel monitor downhole equipment position, drilling fluid circulation and pressures, and actively monitor the entire utility line route for surface frac-out of drilling fluids.

8. Drilling activities shall be discontinued and the drilling fluid or slurry shall be contained using appropriate methods as soon as possible, in the event of a drilling fluid frac-out or spill. Removal of drilling fluid or slurry from wetlands and other surface waters shall be initiated and completed in the most expeditious manner practicable. Removed drilling fluid shall be contained or disposed of in an appropriate upland location. Any frac-out or spill of drilling fluid into wetlands or other surface waters shall be reported to Agency staff within 24 hours following detection of the spill or frac-out.

(i) Utilities must be located a minimum of 14 feet below the authorized depth of a federal navigation channel.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.453, Amended 10-1-13, 6-1-18.

Fla. Admin. Code R. 62-330.455 General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters

(1) A general permit is granted to construct an aerial or piling-supported pipeline, cable, or conduit crossing of a waterbody having a width of no greater than 25 feet, provided:

(a) The crossing is not located in, on, or over Class I waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department of Agriculture and Consumer Services for shellfish harvesting if the pipeline or conduit conveys petroleum, domestic wastewater, phosphate matrix slurry, phosphatic clay or sand tailings, recirculated water from beneficiation processes, or other substances which, if leaked, could contaminate drinking water supplies or result in closure of shellfish harvesting waters;

(b) No pipeline, cable, or conduit shall be lower than existing crossings of the waterbody;

(c) Work to install the aerial crossing shall be restricted to a width of no more than thirty feet on each side of the crossing alignment. In cases where multiple pipes, cables or conduits are to be installed along the same alignment the thirty-foot width shall commence from the outermost pipes, cables or conduits. For the purposes of this general permit, no more than three pipes shall be placed along a given alignment, and in no case shall the total disturbance area exceed 75 feet in width; and,

(d) The Agency shall be notified within 24 hours of any leak or failure of any of the pipes associated with the aerial crossing.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.455, Amended 10-1-13.

Fla. Admin. Code R. 62-330.457 General Permit for Subaqueous Utility Crossings of Artificial Waterways

(1) A general permit is granted to any person constructing, repairing or replacing a subaqueous utility crossing of artificial waters and residential canal systems, provided:

(a) The crossing is not located in Class I waters, Class II waters or waters approved, conditionally approved, restricted, or conditionally restricted by the Department of Agriculture and Consumer Services for shellfish harvesting if the utility line conveys petroleum, domestic wastewater, phosphate matrix slurry, phosphatic clay or sand tailings, recirculated water from beneficiation processes, or other substances which, if leaked, could contaminate drinking water supplies or result in closure of shellfish harvesting waters;

(b) The crossing shall be limited to non-navigable watercourses or to those waterways in which navigation can be maintained at all times without the necessity of constructing temporary berms, dikes, or dams, or removing or relocating turbidity control devices to allow boat passage. Customary navigation through the waterway shall be maintained at all times during installation;

(c) No dredging or filling shall be conducted in wetlands or other surface waters, located landward of the top of the banks of the waterway. Dredging and back filling of littoral zones and wetland vegetation growing on the side slopes of the artificial waterway is authorized as necessary to install the subaqueous utility line crossing;

(d) The maximum length of the utility crossing shall not exceed 150 feet from top of bank to top of bank. Excavated trench dimensions shall be limited to a depth of not more than ten feet below existing bottom contours and a trench top width of not more than ten feet;

(e) The maximum width of the area disturbed by equipment during construction shall be no more than 30 feet wide;

(f) Temporary or permanent spoil disposal sites shall be located exclusively on uplands and shall be sited, designed, and managed to have the capacity to retain all dredged material; and

(g) All previously excavated contours are restored with onsite native backfill, coarse sand, or clean, non-toxic rock bedding or cap material, as appropriate, within 72 hours following installation of the utility line.

(2) Installation, maintenance, repair, and removal conducted using directional drilling or jack-and-bore methods under this general permit are subject to the following special conditions:

(a) The maximum outside diameter of the cable, conduit, or pipeline, including encasement, shall not exceed 30 inches.

(b) A minimum depth of cover, equal to the greater of either five feet, or five times the maximum encased diameter of the utility line to be installed, shall be maintained between the top of the utility line and casing and the soil surface or submerged bottom of any wetland or waterbody being crossed.

(c) All work areas associated with directional drilling or jack-and-bore activities, including entrance and exit pits, drill rigs, tanks, pumps, drilling fluid mixing and settling pits, dewatering systems and staging areas for pipe, cables, and drill string, shall be located within uplands.

(d) The use of drilling fluids shall not cause or contribute to a violation of state ground water quality criteria or standards, as defined in Chapter 62-520, F.A.C.

(e) At least 48 hours prior to commencement of any directional drilling or jack-and-bore activities, the permittee shall submit to the agency the name, as registered with the Florida Department of State, and all-hours telephone contact information of all contractors responsible for drilling and for containment and cleanup in the event of a drilling fluid frac-out or spill.

(f) The permittee or the contractor shall, at all times during directional drilling activities, maintain appropriate equipment and materials in a readily-accessible location and condition, to effectively contain and clean up a drilling fluid frac-out or spill.

(g) The permittee or the permittee’s contractor shall, at all times during directional drilling activities, ensure that appropriately-trained personnel monitor downhole equipment position, drilling fluid circulation and pressures, and actively monitor the entire utility line route for surface frac-out of drilling fluids.

(h) In the event of a drilling fluid frac-out or spill, drilling activities shall be discontinued and the drilling fluid or slurry shall be contained using appropriate methods as soon as possible. Removal of drilling fluid or slurry from wetlands and other surface waters shall be initiated and completed in the most expeditious manner practicable. Removed drilling fluid shall be contained or disposed of in an appropriate upland location. Any frac-out or spill of drilling fluid into wetlands or other surface waters shall be reported to Agency staff within 24 hours following detection of the spill or frac-out.

(3) Utilities must be located a minimum of 14 feet below the authorized depth of a federal navigation channel.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Formerly 62-341.457, Amended 10-1-13, 6-1-18.

Fla. Admin. Code R. 62-330.458 General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities

(1) A general permit is provided in Section 403.814(6), F.S., for the construction of power lines and electrical support structures by electric utilities. Terms used in this general permit shall have the meanings specified below:

(a) “Access areas” shall mean areas which are cleared to allow equipment to reach existing electrical structures or the proposed location of electrical structures;

(b) “Existing facilities” shall mean existing power lines, substations or power plants;

(c) “Impact site” shall mean that portion of a wetland area within the right-of-way either surrounded by uplands within the right-of-way or lying between upland segments of the right-of-way within which clearing of vegetation to the ground is proposed to occur;

(d) “Power line” shall mean the conductors, supporting structures, and related hardware installed or maintained by electric utilities as defined in Section 366.02(2), F.S.;

(e) “Project” shall mean the proposed or existing power line for which use of the general permit is proposed;

(f) “Selective clearing” shall mean the cutting or control of vegetation by hand, herbicide, or mechanized equipment that minimizes soil compaction, to a height no lower than the water level at the time of cutting or ground level in areas without standing water. This would include removal of the cut trees from the wetland in cases where leaving the trees would preclude revegetation or impound water flow. This shall not mean the non-selective aerial or broadcast application of herbicides;

(g) “Siting board” means the Governor and Cabinet as provided in Section 403.503(8), F.S.;

(h) “Work areas” shall mean areas surrounding the electrical support structures, towers, poles, and guy wires which must be cleared to enable equipment to install and maintain the power line.

(2) Activities conducted under this general permit shall comply with Section 403.814(6), F.S., and the following additional conditions.

(a) The shoreline of forested wetlands is interpreted to be the mean or ordinary high water line.

(b) Any mechanized equipment that is used to cut or remove vegetation shall be of a type and be operated so as to minimize soil compaction. Except for Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina spp.), and punk tree (Melaleuca quinquinerva), clearing in the remainder of the project right-of-way within wetlands shall be limited to selective clearing of vegetation which has an expected mature height of 14 feet or more. During construction and while conducting normal maintenance activities, the permittee shall eradicate all Brazilian pepper, Australian pine, and Melaleuca from the wetland portion of the right-of-way. During the initial clearing event, and during subsequent maintenance cycles, EPA approved herbicides may be used on the following:

1. Vegetation growing within the area that was formerly cleared to the ground,

2. Vegetation with an expected mature height of over 14 feet growing within the remainder of the right-of-way; and,

3. Exotic vegetation within the right-of-way.

(c) Areas dominated (90 percent or greater aerial coverage) by exotic species shall not be included in the acreage calculation of clearing to ground of forested wetlands. The ten mile sections shall be measured from the beginning of the project to the terminus of the project, or vice versa, and the sections shall not end in a wetland. In cases where the section does end in a wetland, the closest landward edge of the wetland shall be the section terminus.

(d) Diversion and impoundment of surface waters shall be limited to incidental diversion during construction, and diversion which occurs around support structures, towers, guy wires, and poles.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1), 403.814(6), 403.814(7) FS. History–New 10-3-95, Formerly 62-341.620, Amended 10-1-13.

Fla. Admin. Code R. 62-330.459 General Permit for Relocation of Aerial Electric and Communication Lines Associated with Road Improvement Projects

(1) A general permit is provided for use by electric and communication utilities to relocate aerial transmission and distribution lines, including utility poles and associated bases and anchoring devices within or adjacent to the rights of way of existing roadways.

(2) This general permit applies only to relocation projects necessitated by widening or improvement of existing roads. Documentation of the road widening or improvement that necessitates the relocation shall be submitted at the time the notice to use this general permit is submitted to the Agency.

(3) For the purpose of this general permit, the following definitions shall apply:

(a) “Anchoring device” shall mean steel guy wires fastened to the ground without the need for separate dredging;

(b) “Base” shall mean a man-made, concrete or steel foundation not exceeding four feet in radius, used to support a utility pole; and,

(c) “Utility pole” shall mean a single pole that supports aerial transmission and distribution lines.

(4) This general permit is subject to the following special conditions:

(a) The relocation of the poles shall be either within the existing or proposed road right-of-way or within ten feet adjacent to the existing or proposed road right-of-way;

(b) There shall be no above grade access roads, and no permanent placement of fill in wetlands or other surface waters for access roads or other purposes, other than the utility poles, associated bases, and anchoring devices;

(c) Work shall not impact any living stony coral, soft coral, macro-marine algae community, or submerged grassbeds;

(d) The clearing of wetland vegetation shall be limited to 0.5 acre per 10 miles of transmission or distribution line, unless the clearing of vegetation is addressed in a previously issued permit under Part IV, Chapter 373, F.S., which authorized the road widening or improvement.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.4137, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.621, Amended 10-1-13.

Fla. Admin. Code R. 62-330.463 General Permit for Breaching Mosquito Control Impoundments and for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies

(1) A general permit is granted to any governmental mosquito control agency to construct and operate culverts and associated water control structures for the control of water levels in mosquito control impoundments, and to breach mosquito control impoundments, provided:

(a) The work is done only to provide improved transport of tidal water and organisms between the impounded wetland and adjacent surface waters or between cells within existing mosquito control impoundments for the purpose of improving water quality and the quality of fish and wildlife values;

(b) The work is not required as mitigation under Part IV of Chapter 373, F.S.;

(c) Breaches, culverts and associated water control structures shall be installed in locations that restore historic flow patterns, such as at or adjacent to historic locations of tidal creeks, and shall be located and operated such that state water quality standards shall not be violated in the receiving waters outside the impoundment;

(d) Culverts and associated water control structures shall either be left open year-round or shall be only seasonally closed as necessary to control mosquito breeding and to minimize the application of pesticides;

(e) Culverts and water control structures shall not be constructed in the locations of existing breaches of the impoundment dike;

(f) Culverts and water control structures shall be made of a corrosion resistant material;

(g) The diameter and invert elevation of culverts and water control structures shall be sufficient to maintain flow and prevent scouring under expected hydrologic conditions;

(h) Spoil material excavated during construction of the breaches shall be handled and deposited so as to prevent violations of state water quality standards for turbidity, and shall be contained in a self-contained upland disposal site; and,

(i) Wetlands disturbed by construction shall be stabilized with indigenous wetland vegetation or clean riprap, and the uplands disturbed by construction shall be stabilized with vegetation, riprap, or other means.

(2) The Agency shall send a copy of the notice to use this general permit to the Chairman of the Subcommittee on Managed Marshes which is established under Section 388.46, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.463, Amended 10-1-13.

Fla. Admin. Code R. 62-330.467 General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Formerly 62-341.467, Repealed 10-1-13.

Fla. Admin. Code R. 62-330.474 General Permit for Certain Minor Activities

(1) A general permit is granted to construct, alter, maintain, operate, abandon, and remove the following:

(a) Piling supported structures, other than docks and piers, without walls, screens, or doors, provided that the structure is not used for mooring, and the cumulative square footage of existing and proposed structures over wetlands or other surface waters does not exceed 500 square feet in Outstanding Florida Waters or 1,000 square feet outside of Outstanding Florida Waters;

(b) Up to 100 square feet of dredging or filling in wetlands or other surface waters; or

(c) Maintenance dredging of up to 50 cubic yards of material from wetlands or other surface waters, provided that the dredged material is placed in uplands.

(2) Persons proposing to use this general permit must provide, as part of the notice required in Rule 62-330.402, F.A.C., reasonable assurance that the proposed activity:

(a) Does not cause a violation of state water quality standards;

(b) Does not impede the conveyance of a stream, river, or other watercourse in a manner that would increase off-site flooding;

(c) Does not adversely impact aquatic or wetland dependent listed species;

(d) Does not cause the drainage of wetlands; and

(e) Is not located in, on, or over a community of corals, seagrasses, or attached marine macroalgae.

(3) The Agency will provide written notification to the person proposing to use this general permit whether the proposed activity qualifies for this general permit within 30 days of submittal of the written notice. The proposed activity shall not be commenced until the Agency has provided written notice that the applicant qualifies for the general permit.

(4) A determination that an activity qualifies for a general permit for a minor activity applies only to the site specific activity, location, method of construction, or operation of the authorized project, and the other design and operation features of the authorized activity.

(5) This general permit shall not be applicable on any parcel of property which has been the subject of the successive filing of notices under a general permit within a three-year period where the combination of activities to be conducted exceed the thresholds in this rule.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 6-1-18.

Fla. Admin. Code R. 62-330.475 General Permit for Single-family Residential Activities in Isolated Wetlands

(1) A general permit is granted to construct, alter, maintain, operate, abandon, and remove a single family residence and associated residential improvements (such as a driveway, garage, and an onsite sewage disposal system), provided:

(a) The land on which the work is to occur is not part of a larger plan of common development;

(b) The notice required in Rule 62-330.402, F.A.C., includes documentation that the tract of land was not divided into two or more parcels after July 1, 1994;

(c) Work occurs only in uplands or in isolated wetlands that are not within an Area of Critical State Concern or within the Wekiva River Basin Riparian Habitat Protection Zone as described in subparagraph 40C-41.063(3)(e)1., F.A.C.;

(d) Wetland impacts shall be eliminated except where unrestricted uplands are insufficient to support the residence and associated residential improvements. “Unrestricted uplands” are uplands that are not restricted by easement, deed restriction, local government regulation, setback, or similar restriction which would prevent construction there. Uplands are not considered restricted until all available variance or waiver procedures have been exhausted;

(e) Wherever possible, structures in isolated wetlands should be built on pilings to minimize fill in wetlands; and

(f) No more than 4,000 square feet of isolated wetlands are dredged or filled and no more than 6,000 square feet of isolated wetlands are cleared (this includes the area dredged or filled for the residence and associated residential improvements).

(2) Persons proposing to use this general permit must provide, as part of the notice required in Rule 62-330.402, F.A.C., reasonable assurance that the proposed activity:

(a) Does not cause a violation of state water quality standards;

(b) Does not impede the conveyance of a stream, river, or other watercourse in a manner that would increase off-site flooding;

(c) Does not adversely impact aquatic or wetland dependent listed species;

(d) Does not cause the drainage of wetlands.

(3) The Agency will provide written notification to the person proposing to use this general permit whether the proposed activity qualifies for this general permit within 30 days of submittal of the written notice. The proposed activity shall not be commenced until the Agency has provided written notice that the applicant qualifies for the general permit.

(4) This general permit shall not be applicable on any parcel of property which has been the subject of the successive filing of notices under a general permit within a three-year period where the combination of activities to be conducted exceed the thresholds in this rule.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Formerly 62-341.475, Amended 10-1-13, 6-1-18.

Fla. Admin. Code R. 62-330.476 General Permit for Private Single-Family Residences within Jupiter Farms, Palm Beach County

(1) A general permit is granted for the construction, alteration, maintenance, operation, abandonment, and removal of single-family residences and associated on-site residential improvements within the wetlands and other surface waters in Jupiter Farms, Palm Beach County, as identified below. This includes the construction, alteration, maintenance, operation, abandonment, and removal of culverts or bridges over non-navigable drainage or irrigation ditches to provide access to the residence.

(2) This general permit is limited as follows:

(a) The single-family residence is to be located within:

1. Township 40S, Range 41E – Section 33 or 34;

2. Township 41S, Range 41E – Section 1, 2, 3, 4 (east half), 9 (east half), 10, 11, 12, 13, 14, 15, or 16, or

3. Township 41S, Range 42E – Section 7 or 18.

(b) Only one, single-family residence is authorized per parcel or lot. However, this shall not preclude additional living areas, such as “mother-in-law” and guest quarters that are part of the primary residence or other structures authorized under subsection 62-330.476(4), F.A.C.;

(c) The activities are not part of a larger plan of common development proposed by the applicant;

(d) The total area of dredging, filling, construction, land clearing, and other disturbance in wetlands and other surface waters within a parcel or lot shall not exceed 0.75 acre;

(e) The permittee offsets the functions provided by wetlands and other surface waters that will be lost as a result of the above activities through mitigation, as provided in subsection (3), below; and,

(f) The activities undertaken under this general permit:

1. Are associated with a private single-family residence to be used by the current owner; and,

2. Are not intended for, or being proposed by, a corporation, partnership, or other business entity, and otherwise will not be used for commercial or industrial purposes. However, this does not preclude an owner from conducting commercial activities on the property that are ancillary to a private single-family residence, such as sale of home-made crafts or home-grown produce; and shall not prohibit a trustee, beneficiary, or current resident from qualifying as an applicant when title to such single-family residence and associated on-site residential improvements is held in trust.

(3) To implement mitigation that will offset impacts from the construction of residences within the above-described sections, persons wishing to use this general permit shall pay Palm Beach County, as described below, an amount calculated as “X” times $4,000, where “X” equals the number of acres of wetlands or other surface waters that will be subject to construction, alteration, maintenance, or operation activities authorized herein, rounded to the nearest 0.01 acre (up to 0.75 acre).

(a) Initially these monies shall be applied to the Palm Beach County Department of Environmental Resources Management South Loxahatchee Slough Wetland Restoration Fund to implement the restoration, enhancement and long-term management of 237 acres of impacted wetlands within a 780-acre undeveloped parcel known as the South Loxahatchee Slough Restoration Project (SLSRP), in accordance with the “Memorandum of Understanding between the Florida Department of Environmental Protection, the U.S. Army Corps of Engineers, Jacksonville District, and Palm Beach County Board of County Commissioners through its Department of Environmental Resources Management Regarding Mitigation for Jupiter Farms and Palm Beach Country Estates,” dated August 26, 2002, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03149), which is incorporated by reference herein; a copy of this MOU may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. These wetlands are located south of PGA Boulevard, north of the Bee Line Highway, and west of the eastern leg of the C-18 Canal. This site is acknowledged to have the capability of providing 151.9 acre-credits of mitigation for wetland impacts within the above-described sections of Jupiter Farms.

(b) The Department recognizes that all of the wetland impacts within Jupiter Farms cannot be offset within the SLSRP, and that additional mitigation sites will have to be identified, funded, and implemented in the future. Therefore, the SLSRP shall be available under this general permit to offset impacts within the above-described sections of Jupiter Farms until the available credits within that site are exhausted, at which time the money will be directed to other suitable mitigation sites which shall be approved by the Department and identified through amendments to this rule.

(4) For the purposes of this general permit, “associated onsite residential improvements” include projects that are directly associated with a private single-family residence on the property, such as: a driveway, garage, onsite sewage treatment and disposal systems, wells, utility services (water, electricity, telephone, cable, and gas), recreation structures, sheds, barns, stables and animal pens, walkways, boardwalks, lawns, fences, pools, ponds, and gardens. To be authorized under this general permit, such associated on-site residential improvements must be constructed concurrently with construction of an individual single-family residence, or after such residence has been lawfully constructed, and must conform to all the conditions and criteria of this general permit. For purposes of this general permit, associated on-site residential improvements shall not include docks, piers, boat ramps, or other structures designed to provide boating access in, on, or over surface waters, and also shall not include improvements used in whole or part for commercial agriculture or aquaculture operations.

(5) In addition to the general conditions of Rule 62-330.405, F.A.C., and the other limiting conditions of this general permit, the following specific conditions shall also apply:

(a) Onsite sewage treatment and disposal systems shall be constructed in uplands unless there is an insufficient unrestricted area of uplands within the contiguous ownership of the applicant on which such treatment and disposal systems can be located. For the purposes of this section, “unrestricted area of uplands” means an area of uplands that is not restricted by easement, deed restriction, local government regulation, or similar restriction that would prevent the on-site sewage treatment and disposal system from being located in those uplands.

(b) Material and debris resulting from any clearing and grading of the property authorized under this general permit shall not be deposited in wetlands or other surface waters outside of the footprint of the residence and associated onsite residential improvements authorized under this general permit.

(c) Culverts or bridges installed in drainage or irrigation ditches to provide access shall be located and sized so as to maintain existing capacity for water flow and volumes.

(d) Any areas excavated under this general permit shall not result in new connections to canals, ditches, swales, or other existing drainage systems within Jupiter Farms.

(6) Persons wishing to conduct activities under this general permit must file a notice with the local office of the Department, which shall include:

(a) A description of the proposed activity on the parcel or lot, including scaled or fully dimensioned plan and cross section views of the proposed dredging, filling, and construction;

(b) A statement that the residence and associated onsite residential improvements comply with the requirements of paragraph (2)(f), of this general permit;

(c) A statement that the parcel or lot is not part of a larger parcel or lot that was subdivided into two or more parcels or lots after 2-19-03;

(d) A statement that the activities are not part of a plan of common development proposed by the applicant;

(e) A location map showing the relationship of the parcel or lot to existing roads and other land features that can allow a person unfamiliar with the area to locate the site. The map shall include property descriptions from the county tax assessor’s office;

(f) The area (in square feet) of wetlands or other surface waters proposed to be subject to dredging, filling, and construction;

(g) A description of the efforts made to locate the on-site sewage treatment and disposal systems in the uplands, including a map depicting the location and extent of the proposed onsite sewage treatment and disposal systems in relation to existing wetlands and other surface waters on the property; and,

(h) Proof of the payment as required in subsection 62-330.476(3), F.A.C., in the form of a receipt from Palm Beach County.

(7) This general permit shall not be applicable on any parcel or lot that has been the subject of a prior filing of a notice under this section when the combination of activities to be conducted pursuant to the prior and pending notices exceeds the thresholds of this general permit. However, use of this general permit does not preclude the use of other permits or exemptions that may be applicable on the parcel or lot, except that the general permit under Rule 62-330.475, F.A.C., shall not be used with this general permit.

History

• Rulemaking Authority 373.026, 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418 FS. History–New 2-19-03, Amended 11-3-04, Formerly 62-341.476, Amended 10-1-13.

Fla. Admin. Code R. 62-330.477 General Permit for Single Family Residential Lots within the Indian Trail Water Control District

(1) A general permit is hereby granted for individual single family residential lots within the M-1 and M-2 basins of the Indian Trail Water Control District in Palm Beach County, as described in subsection (3).

(2) This general permit authorizes dredging and filling within wetlands or other surface waters on individual, single family residential lots, for the construction, alteration, maintenance, operation, abandonment, and removal of single family residences, structures associated with the residence, and other works located within the wetlands or other surface waters within the lot, provided:

(a) The individual, single family residential lot is 5 acres or less in size;

(b) The residence is not part of a larger common plan of development proposed by the applicant;

(c) The permittee offsets the adverse individual and cumulative impacts from the authorized activities, by donating $250.00 per lot to the Palm Beach County Pollution Recovery Trust Fund, established pursuant to Palm Beach County Resolution R89-576, which monies shall be applied to the purchase, restoration, or management of a minimum of 200 acres of land, including wetlands and other surface waters within Unit 11 of the Indian Trail Water Control District as described in subsection (4). The permittee must submit proof of this donation, in the form of a receipt from Palm Beach County, with the application to use this general permit;

(d) Associated structures and works authorized by this general permit shall be limited to driveways, culverts, storage sheds, garages, septic tanks and drainfields, pools, fences, gardens, and wells; and,

(e) Dredging is limited to the minimum amount necessary to obtain fill material for the residence and associated structures authorized by this general permit. Such dredged areas shall not connect to canals, ditches, swales, or other existing drainage systems within the Indian Trail Water Control District.

(3) The lands within Indian Trail Water Control District to which this general permit applies are:

(a) M-1 basin of the Indian Trail Water Control District consisting of:

1. Township 42 South Range 40 East – the south one-half (S 1/2) of Sections 13, 14 and 15; the north 135 feet of the south one-half (S 1/2) of Sections 16, 17, and 18 and all of Sections 23, 24, 25, 26, 35 and 36,

2. Township 42 South, Range 41 East – the west one-half (W 1/2) of Section 17; all of Sections 18 and 19; all of Section 20 less the northwest one-quarter (NW 1/4) of the northeast one-quarter (NE 1/4) thereof; all of Sections 21, 22, 27, 28, 29, 30 and 31; the west one-half (W 1/2) and the west one-third (W 1/3) of the east one-half (E 1/2) of Section 32, and all of Sections 33, 34 and 35,

3. Township 43 South, Range 41 East – all of Sections 2, 3, 4, 9, 10 and 11; and,

(b) M-2 basin of the Indian Trail Water Control District, consisting of Township 43 South, Range 40 East – all of Sections 10 and 11; the west three-quarters (W 3/4) of Section 13; all of Sections 14 and 15, and the west three-quarters (W 3/4) of Sections 24 and 25.

(4) Unit 11 of the Indian Trail Water Control District, consisting of Township 41 South, Range 41 East, all of Sections 30 and 31, and the west 1/2 of Sections 29 and 32.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418 FS. History–New 4-3-96, Formerly 62-341.630, Amended 10-1-13.

Fla. Admin. Code R. 62-330.483 General Permit to the Department and Water Management Districts to Conduct Minor Activities

A general permit is granted to the Department and Water Management Districts to conduct the activities described below:

(1) The repair, replacement or alteration of any existing bridge, levee, dam, pump station, lock, culvert, spillway, weir, or any other water control structure with structures of the same design or of a comparable design, provided that the maximum discharge rate capacity and control elevation do not exceed that of the structure to be replaced. Minor deviations in the structure’s design are authorized, including those due to changes in materials, construction techniques, or current construction codes or safety standards. Associated construction activities authorized by this permit include temporary fill plugs or cofferdams; upland bypass channels; channel shaping needed to accommodate the repair, replacement or alteration of the structure; and channel and bank stabilization, including riprap within 200 feet of the structure. Replacement may occur at the same site, or adjacent to the original structure. The area of wetlands or other surface waters from which material is to be dredged or filled shall not exceed a total of 0.5 acre for any one structure.

(2) Canal bank and bottom stabilization necessary to repair erosion damage and restore previously existing canal configurations. Authorized repair methods include placement of riprap, sand cement toe walls, clean fill material, poured concrete, geotechnical textiles or other similar stabilization materials. The distance to be restored or repaired shall not exceed 2,000 feet at any one location along canal banks and 500 feet along canal bottoms.

(3) Aerial pipeline crossings (including support piles) of man-made canals consistent with the provisions of Rule 62-330.455, F.A.C., except that the width of the crossing may be up to 200 feet.

(4) When the activity under this general permit is to be conducted by the Department, the Department shall provide the notice and any processing fee required to the appropriate District.

(5) When the activity under this general permit is to be conducted by a water management district, the District shall provide the notice and any required fee to the appropriate Department office.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.483, Amended 10-1-13.

Fla. Admin. Code R. 62-330.485 General Permit to the Department and Water Management Districts for Environmental Restoration or Enhancement

(1) A general permit is granted to the Department and Districts for the construction, alteration, operation, maintenance, removal and abandonment of projects to implement Department or District environmental restoration or enhancement projects.

(2) The environmental restoration or enhancement project must comply with any one of the following procedures:

(a) The project is part of a Surface Water Improvement and Management Plan developed pursuant to Section 373.453, F.S.; or

(b) The project is approved by the District Governing Board or the Secretary of the Department after conducting at least one public meeting; or

(c) The project is wholly or partially funded through the Land Acquisition Trust Fund pursuant to Article X, Section 28 of the Florida Constitution, or through any successor trust fund.

(3) When the activity is to be conducted by the Department, the Department shall provide the notice and any processing fee required by Rule 62-330.071, F.A.C., to the appropriate District.

(4) When the activity is to be conducted by a District, the District shall provide the notice and any required fee to the appropriate Department office.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.485, Amended 10-1-13, 6-1-18.

Fla. Admin. Code R. 62-330.487 General Permit to the Department and Water Management Districts to Change Operating Schedules for Water Control Structures

(1) A general permit is granted to the Department and Districts to change the operating schedules for existing water control structures that are owned or operated by the Department or District when such changes are for environmental restoration or enhancement.

(2) The Department or the District Governing Board, as applicable, shall hold at least one public meeting concerning the proposed operating schedule prior to its approval.

(3) When the activity under this general permit is to be conducted by the Department, the Department shall provide the notice to the appropriate District.

(4) When the activity under this general permit is to be conducted by a District, the District shall provide the notice to the appropriate Department office.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Amended 10-1-07, Formerly 62-341.487, Amended 10-1-13.

Fla. Admin. Code R. 62-330.488 General Permit to Governmental Entities for Certain Public Use Facilities at Public Natural Areas

(1) A general permit is granted to governmental entities to construct, operate, and maintain public use facilities on public natural areas. For purposes of this rule, “public natural areas” are predominantly undeveloped lands owned by the governmental entity and that are dedicated and managed for the preservation, restoration and maintenance of those lands. The public use facilities authorized by this permit are a parking lot or parking area and an at-grade access road, not to exceed a total size of 2 acres of impervious surface located entirely in uplands; at-grade access trails located entirely in uplands; restroom buildings and open-air shelters located entirely in uplands; pile-supported boardwalks having a maximum width of 6 feet; and pile-supported observation platforms, any of which shall not exceed 120 square feet in size.

(2) The facilities and work must comply with the following:

(a) No fill shall be placed in, on, or over wetlands or other surface waters, except pilings for pile-supported boardwalks and observation platforms. All structures located in, on, or over wetlands and other surface waters shall be sited and constructed to minimize wetland impacts and the removal of trees having a diameter at breast height of 4 inches or greater. To minimize shading of wetland vegetation, all pile-supported boardwalks and observation platforms located in, on, or over wetlands and other surface waters shall be elevated at least two feet above mean high water for tidal waters, at least two feet above seasonal high water for non-tidal waters, or four feet above ground surface, whichever is greater. The total area pile-supported structures over wetlands and other surface waters shall not exceed 10,000 square feet.

(b) All stormwater flow from the impervious surfaces shall sheet flow into uplands. Impervious surfaces shall be no more than one percent of the total acreage of the public natural area, not to exceed a total size of 2 acres of impervious surface. If pervious or semi-impervious surfaces or materials are used, the maximum area of roads, parking lots, parking areas and trails shall not exceed 2 acres, regardless of the total acreage of the public natural area. Water quality treatment shall be provided for the first inch of runoff from the impervious and semi-impervious surfaces.

(c) Impervious surfaces subject to vehicular traffic shall be constructed a minimum of 75 feet from any wetland or other surface water. Buildings and shelters shall be constructed a minimum of 25 feet away from any wetland or other surface water.

(d) Piling supported structures may not be located over coral, seagrasses or other submerged aquatic vegetation.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 403.814(1) FS. History–New 10-1-13.

Fla. Admin. Code R. 62-330.490 General Permit for the Reclamation of Eligible Phosphate Lands Mined Before July 1, 1975

(1) A general permit is granted to all owners of lands mined or disturbed by the severance of phosphate before July 1, 1975, whose reclamation program application has been approved by the Department under Chapter 378, Part I, F.S., providing the reclamation program:

(a) Is wholly or partially funded by the Department through the Non-mandatory Land Reclamation Trust Fund pursuant to Chapter 378, Part I, F.S.; and,

(b) Has an approved detailed non-mandatory land reclamation design plan that meets the standards and criteria in Chapter 62C-17, F.A.C.

(2) All work shall be in accordance with the approved non-mandatory land reclamation program and all provisions of Chapter 62C-17, F.A.C.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 378.034, 378.035, 403.814(1) FS. History–New 10-1-13.

Fla. Admin. Code R. 62-330.491 Noticed General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 9-4-05, Formerly 62-341.491, Repealed 10-1-13.

Fla. Admin. Code R. 62-330.492 General Permit for Prospecting for Limestone, Sand, and Peat

A general permit is granted for prospecting for limestone, sand, and peat provided that all of the following conditions are met:

(1) Prospecting is conducted by coring, augering, impact boring or other techniques designed to remove samples from an excavated opening less than one foot in diameter.

(2) No prospecting is conducted below the ordinary or mean high water line of natural water bodies such as natural lakes, ponds, streams, rivers, estuaries or lagoons.

(3) Prospecting in wetlands must meet the following conditions:

(a) No activities shall be conducted in Outstanding Florida Waters, Aquatic Preserves, Class I waters, Class II waters, waters which are classified by the Florida Department of Agriculture and Consumer Services as approved, restricted, conditionally approved or conditionally restricted for shellfish harvesting in Rule 5L-1.003, F.A.C., or wetlands used by endangered or threatened species. For purposes of this permit, a wetland is used by endangered or threatened species if reasonable scientific judgment indicates that the wetland provides habitat in which endangered or threatened species engage in activities such as resting, feeding, breeding, nesting or denning.

(b) No above-grade roads shall be constructed. Vehicles used for prospecting in wetlands shall be of a type generating minimum ground pressure to minimize rutting and other environmental impacts. Disturbed areas along each prospecting line shall be restored to original contours upon completion of prospecting activities along that specific alignment.

(c) Disturbances within wetlands shall be no wider than 15 feet along any portion of the prospect line, except at the immediate site of the drill hole. At the immediate site of the drill hole the disturbance shall not exceed 25 feet. No debris or spoil shall be placed outside these limits.

(d) Prospecting lines shall be aligned to minimize wetland impacts and avoid the clearing of wetland trees having 4 inches or greater diameter at breast height to the greatest extent practicable.

(e) All drill tailings shall be returned to the drill hole and the excess removed so that no spoil material is left above grade in a wetland.

(f) If the removal or cutting of vegetation is required, there shall be a minimum interval of 300 feet between individual parallel prospecting lines. The removal of vegetation shall not include grubbing, or the pulling or pushing up of root systems.

(g) Any wetland disturbed by prospecting activities shall be restored by replanting native indigenous vegetation of the same species as were displaced. Exotic species such as Schinus terebinthifolius, Melaleuca quinquenervia, and Casuarina spp., and nuisance species Typha spp., and Ludwigia peruviana shall be controlled at densities not exceeding the densities of these species in undisturbed portions of the wetland.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 9-4-05, Formerly 62-341.492, Amended 10-1-13.

Fla. Admin. Code R. 62-330.493 General Permit to Perform Prospecting Activities for Phosphate Minerals

(1) A general permit is provided for any person engaged in or proposing to engage in the mining of phosphatic ore to perform prospecting activities for phosphate minerals within wetlands and other surface waters except in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class I waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department of Agriculture and Consumer Services for shellfish harvesting, provided:

(a) “Prospecting activities” shall be defined as those normal and reasonably necessary to retrieve core samples of subsurface geologic sediments for the specific purpose of locating, mapping and determining the quantities and quality of any phosphorus bearing strata or deposits;

(b) Disturbance along any portion of the prospect line within herbaceous wetlands shall be no wider than 25 feet, no wider than 15 feet within forested wetlands, except at the immediate site of the drill hole, where disturbance shall not exceed 25 feet in width and no activities regulated by the Department associated with prospecting shall occur outside the 15-foot and 25-foot limits, respectively;

(c) An individual prospecting line shall not extend into wetlands or other surface waters more than one-third (1/3) of the width of the landward extent of the wetland or other surface waters involved, unless prospecting is conducted by hand carried drilling devices, in which case full penetration of the wetland or other surface waters shall be allowed, except as restricted by paragraph (1)(e), below. When hand carried drilling devices are used all drilling tailings shall be returned to the drill hole and no spoil shall be left on the surface;

(d) No prospecting activities shall occur in open waters (areas of water bodies not supporting emergent vegetation), such as lakes, ponds, streams, and rivers;

(e) A minimum interval of 300 feet shall exist between individual parallel prospecting lines and minimal distance of 300 feet shall be maintained between the alignment of the prospecting line or lines and opposing sides of wetlands and other surface waters. When hand carried drilling devices are to be used for total penetration of the wetland or other surface waters, the minimal interval of 300 feet between prospecting lines shall apply;

(f) No debris or spoil shall be mechanically placed outside of the 15-foot or 25-foot width allowed, respectively, above; and,

(g) The disturbed area along each prospecting line within herbaceous wetlands shall be replanted with native wetland species that are indigenous to adjoining wetlands unless evidence exists that natural revegetation has covered 33 percent of the disturbed ground area within one growing season. If herbaceous plants are planted, they shall be planted at a density to achieve 33 percent cover by herbaceous wetland species within one growing season. The disturbed area along each prospecting line within forested wetlands shall be replanted with indigenous native wetland tree species at a rate to achieve survival and growth of 400 trees per acre, and the permittee shall institute maintenance activities to ensure the survival of the planted indigenous native wetland trees. The disturbed area along each prospecting line within forested wetlands also shall be replanted with indigenous native wetland herbaceous species in the same manner as for the herbaceous wetlands described above. The restored sites shall be maintained free of any new growth of Schinus terebinthifolius (Brazilian pepper), Melaleuca quinquenervia (punk tree), and Casuarina spp. (Australian pine), and managed so that Typha spp. (cattails) does not attain vegetative dominance.

(2) A person wishing to use this general permit shall submit to the Department an annual schedule of proposed prospecting activities within the prospect areas including location maps, aerial photographs showing the proposed prospecting lines, and approximate commencement and completion dates for the activities planned for each prospect area. The annual schedule, or modifications to the annual schedule, must be submitted at least 30 days prior to the commencement of the proposed activity. Where practicable, the annual schedule should be filed with the Department no later than June 1 for the fiscal year July 1 through June 30.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.610, Amended 10-1-13, 6-1-18.

Fla. Admin. Code R. 62-330.494 General Permit for Temporary Dragline Crossings of Waterways for Mining Activities

(1) A general permit is provided for any person engaged in or proposing to engage in the mining of a phosphatic ore for the construction of temporary dragline crossings within certain wetlands and other surface waters, except in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class I waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department for shellfish harvesting, provided:

(a) The crossing is of a ditch or artificially channelized portion of any wetland or other surface water or at a documented location of a previously existing dragline crossing within the preceding five years, of any wetland or other surface water, and is not a navigable surface waterbody. The term navigable, for the purpose of this permit, means the surface waterbody is capable of use by small craft;

(b) Only clean sand fill or temporary mats shall be used to construct the crossing;

(c) When demucking or removal of topsoil is necessary for the construction of the crossing, the muck and topsoil shall be retained at a nearby upland location and returned to the crossing site for the restoration activities;

(d) Culverts are installed to maintain the natural and seasonal volume and flow of water;

(e) The top width of the fill shall not exceed 150 feet and the toe to toe width of the fill shall not exceed 200 feet and the side slopes shall be no steeper than three horizontal to one vertical, and the lateral limits of disturbance of the wetlands shall be no more than 20 feet on each side of the fill;

(f) The crossing shall not remain in place for more than one year, unless the crossing is for a one-way access in which case it shall not remain in place for more than six months; and,

(g) The area must be restored to original topographic contours within 60 days of the abandonment of the dragline crossing, which shall be after the dragline has crossed the wetland or other surface water.

(2) This general permit shall be subject to the following specific conditions:

(a) Upon restoration of original topographic contours at a temporary dragline crossing site, the permittee shall at the end of the first growing season provide the opportunity for inspection of the site by staff of the Department office that received notice of the general permit. If satisfactory revegetation of the site has not occurred, the permittee shall initiate, conduct and maintain revegetation and maintenance of the wetland until satisfactory revegetation has been achieved. Revegetation of the site shall be with native wetland species in similar composition to those species which were present at the site or in the contiguous wetland prior to the temporary dragline crossing. For the purpose of this general permit, “satisfactory revegetation” means that the herbaceous wetlands that are disturbed under this general permit shall have achieved not less than 33 percent cover of planted or naturally reestablished herbaceous wetland species within one growing season following disturbance of the site, and the forested wetlands that are disturbed under this general permit shall be achieving a survival and growth of not less than 400 wetland trees per acre within one growing season following disturbance of the site, and a maintenance plan has been developed and is being implemented to ensure the survival of the planted or naturally reestablishing wetland species. The restored sites shall be maintained free of any new growth of Schinus terebinthifolius (Brazilian pepper), Melaleuca quinquenervia (punk tree), and Casuarina spp. (Australian pine). The restored site shall also be managed in a manner which precludes Typha spp. (cattails) from manifesting vegetative dominance; and,

(b) A person wishing to use this general permit shall submit to the Department office to which the original notice was given, an annual schedule of proposed temporary dragline crossing areas including location maps, aerial photographs with proposed temporary dragline crossings, typical drawings, and approximate commencement and completion dates for the activities planned. Additionally, the plans shall include proposed restoration procedures for each temporary dragline crossing. The annual schedule, or modifications to the annual schedule, must be submitted, together with the required documentation, at least thirty days prior to the commencement of the proposed activity. Where practicable, the annual schedule and documentation should be filed with the Department no later than June 1 for the fiscal year July 1 through June 30.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.611, Amended 10-1-13.

Fla. Admin. Code R. 62-330.495 General Permit for Low Water Crossings for Mining Activities

(1) A general permit is provided for any person engaged in or proposing to engage in the mining of a mineralized non-metallic ore to move equipment and vehicles, excluding dredges, through and across wetlands or other surface waters during periods of low water, except in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class I waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department of Agriculture and Consumer Services for shellfish harvesting, provided:

(a) The only dredging or filling performed shall be that caused by the movement of the vehicle or equipment through the water;

(b) The maximum water depth along the crossing shall not exceed two feet during the time the crossing is used;

(c) Vegetative debris shall not be deposited within wetlands and other surface waters;

(d) The lateral width of disturbance shall in no case exceed that necessary to move the vehicles and equipment through and across wetlands or other surface waters and shall in no case be greater than 50 feet; and,

(e) The distance between crossings of an individual wetland or other surface waters shall be at least 5,000 feet, except at sites where a documented four-wheel vehicular access exists, in which case crossings may be at a spacing of 2,500 feet.

(2) This general permit shall be subject to the specific conditions as follows:

(a) The person wishing to use this general permit shall locate crossings at sites that will cause the least environmental impact. The permittee shall coordinate with the appropriate Department office;

(b) Upon restoration of an individual low water crossing site, the permittee shall at the end of the first growing season provide the opportunity for inspection of the site by the appropriate Department office staff. If satisfactory revegetation for the site has not occurred, the permittee shall initiate, conduct and maintain revegetation of the wetland. For the purpose of this general permit, “satisfactory revegetation” means that the herbaceous wetlands that are disturbed under this general permit shall have achieved not less than 33 percent cover of planted or naturally reestablished herbaceous wetland species within one growing season following disturbance of the site, and the forested wetlands that are disturbed under this general permit shall be achieving a survival and growth of not less than 400 wetland trees per acre within one growing season following disturbance of the site, and a maintenance plan has been developed and is being implemented to ensure the survival of the planted or naturally reestablishing wetland species. The restored sites shall be maintained free of any new growth of Schinus terebinthifolius (Brazilian pepper), Melaleuca quinquenervia (punk tree), and Casuarina spp. (Australian pine). The restored site shall also be managed in a manner which precludes Typha spp. (cattails) from manifesting vegetative dominance. Revegetation of the site shall be with native wetland species in similar composition to those species which were present at the site or in the contiguous wetland prior to the low water crossing; and,

(c) A person wishing to use this general permit shall submit to the appropriate Department office, an annual schedule of proposed low water crossing sites including location maps, aerial photographs with proposed low water crossing sites, typical drawings, and approximate commencement and completion dates for the activities planned. Additionally, the plans shall include proposed restoration procedures for each low water crossing. The annual schedule, or modifications to the annual schedule, must be submitted, together with the required documentation, at least 30 days prior to the commencement of the proposed activity. The annual schedule and documentation shall be filed with the Department no later than June 1 for the fiscal year July 1 through June 30.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.612, Amended 10-1-13.

Fla. Admin. Code R. 62-330.496 General Permit for Dry Borrow Pits of Less than Five Acres

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-1-13, Repealed 6-1-18.

Fla. Admin. Code R. 62-330.500 General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 9-4-05, Formerly 62-341.500, Repealed 10-1-13.

Fla. Admin. Code R. 62-330.501 General Permit for Temporary Agricultural Activities within the South Florida Water Management District

(1) A general permit is granted to any property owner for temporary agricultural activities within the South Florida Water Management District, provided all the following criteria are met.

(a) Agricultural activities shall be horticultural and limited to seasonal crops. Seasonal crops are harvested in one growing season, which shall not exceed one year.

(b) This permit is valid only for activities in existing improved or semi-improved pastures or fields that have been cultivated within the last five years. For purposes of this section, improved or semi-improved pastures are lands that have been cleared of native plants by mechanical means.

(c) For purposes of this section, the project area and scope is defined as both farmed and detention areas. In order to qualify for a permit under this section, the project area shall not exceed 320 contiguous acres.

(d) The project outfall structure must be located more than 1 mile from Outstanding Florida Waters.

(e) No works or farming activities shall occur within 50 feet of a wetland as defined in Section 373.019(27), F.S. If wetlands are located within the project area, a minimum 50-foot undisturbed buffer must be maintained around the wetland.

(f) Pump rates shall not exceed a volume of 2 inches per day at a rate of 37.7 gallons per minute per acre of farmed area. Pump on/off elevations shall be within 2.5 feet of natural ground within the farmed area. All surface water discharges shall be into detention areas.

(g) Water levels in the detention areas shall not exceed a depth of 1.5 feet above natural ground within the detention area.

(h) Water quality and attenuation requirements shall be met by establishing detention areas at a minimum of fifteen percent of the farmed area.

(i) If wetlands are located within a detention area, then the control elevation of the detention area shall be set at the wetland edge elevation. If no wetlands are located within a detention area, then the control elevation shall be set at natural ground elevation.

(j) Control structures shall be sized according to the following list depending on the project size.

Project Size

Control Structure

0-25 acres

6'' riser and 12'' pipe equivalent

26-65 acres

12'' riser and 12'' pipe equivalent

66-105 acres

18'' riser and 18'' pipe equivalent

106-145 acres

24'' riser and 24'' pipe equivalent

146-185 acres

30'' riser and 30'' pipe equivalent

186-225 acres

36'' riser and 36'' pipe equivalent

226-265 acres

42'' riser and 42'' pipe equivalent

266-305 acres

48'' riser and 48'' pipe equivalent

306-320 acres

54'' riser and 54'' pipe equivalent

(k) The minimum setback between the project edge and the property boundary line shall be 50 feet for all projects.

(l) Discharges shall be to the existing pre-project surface water conveyance pathway. Existing sheetflow, if any, shall be maintained through the use of a spreader swale.

(m) Detention area dikes shall be constructed with a top elevation of 3.5 feet above the control elevation with a minimum 5 foot top width and side slopes of two horizontal to one vertical.

(n) Internal farm ditches shall be no deeper than 3 feet below natural ground elevation (excluding sump areas for pump placement which shall not be deeper than 6 feet below natural ground elevation).

(o) External perimeter berms of the farmed areas shall not exceed 2 feet in height.

(p) Farming areas must be laid out in a manner that will not block or impede off-site flows.

(q) Access to the fields shall be accomplished by existing roads. Roads into or on the project are not part of this authorization.

(2) The entity must submit a best management plan that addresses sediment control, soil erosion, nutrients, pesticides, herbicides, suspended solids at points of discharge and other agricultural practices appropriate to crop and site conditions. At a minimum the best management plan must include the following best management practices.

(a) Application equipment shall be properly calibrated and in good repair.

(b) Pesticides and fertilizers shall be stored in a secure, contained location, protected from rainfall. Fertilizers and pesticides shall not be stored together.

(c) All mixing and loading operations shall be conducted away from wells, ditches and wetlands.

(d) Pesticide containers shall be rinsed as soon as they are empty. Containers shall be disposed of in accordance with directions on the label.

(e) Equipment shall be used that directs chemicals only to a designated target area. Overspray or application into ditches and wetland buffer areas shall be avoided.

(f) Spills shall be cleaned up as soon as possible.

(g) Equipment shall be cleaned and rinsed away from ditches and wetland buffers.

(h) A soil or leaf analysis shall be used to determine fertilizer application requirements.

(i) Apply seed and mulch or use other methods to stabilize the disturbed areas outside of the planted area within 14 days from the completion of planting.

(j) Install silt fences around wetland buffer areas prior to construction.

(k) Install silt fences, hay bales or equivalent downstream of outfall structure during construction.

(3) The duration of this permit shall not exceed three years. No more than two years of the permit duration shall be dedicated to the planting and harvesting of crops. The remainder of the duration of the permit must be dedicated to fallow time. At the end of the growing season specified in the permit, all works shall be removed from the site and the site returned to the condition that existed prior to permit issuance. The site shall remain fallow the following year. Within 30 days of the permit expiration, the permittee shall provide written notification to the South Florida Water Management District that the project has been restored to conditions that existed prior to permit issuance.

History

• Rulemaking Authority 373.044, 373.113, 373.118, 373.4131 FS. Law Implemented 120.60, 373.118, 373.119, 373.413, 373.4131, 373.416, 373.418, 373.423 FS. History–New 10-1-13.

Fla. Admin. Code R. 62-330.505 General Permit to the U.S. Forest Service for Minor Works within National Forests

(1) A general permit is granted to the U.S. Forest Service to conduct the works described below:

(a) Bathing beach restoration at developed recreation sites where maintenance dredging is less than 100 cubic yards per year and less than 100 cubic yards per single occurrence; and,

(b) Dock construction, replacement and maintenance for docks of up to 1,000 square feet of surface area over wetlands and other surface waters in Outstanding Florida Waters and Outstanding National Resource Waters, subject to restrictions listed in Sections 403.813(1)(b) and (d), F.S.

(2) The U.S. Forest Service or its contractors shall use turbidity control measures while dredging or filling within wetlands and other surface water to prevent violations of state water quality standards.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.495, Amended 10-1-13.

Fla. Admin. Code R. 62-330.550 General Permit for Construction, Operation and Maintenance of Nonproduction-related Agricultural Facilities

(1) A general permit is granted for the construction, operation, maintenance, alteration, or abandonment of minor systems serving any of the following, provided the activities comply with all of the conditions set forth below.

(a) Seasonal or year-round stands and markets selling exclusively or primarily produce and other farm or nursery products grown onsite.

(b) Farm worker housing and ancillary facilities.

(c) Truck loading and staging areas for transporting farm or nursery products grown onsite.

(d) Nonresidential farm buildings and structures used solely for agricultural purposes and located on a farm or on land that is an integral part of an ongoing farm operation.

(e) Roadway and vehicle parking facilities integral to an activity authorized under this general permit.

(2) This general permit is subject to the following limitations:

(a) Total cumulative building, driveway, parking lot, and other impervious and semi-impervious surfaces will not exceed 20 percent of the total land area, up to four acres. This limitation excludes impervious and semi-impervious areas directly related to agricultural production.

(b) No activities will occur in, on or over wetlands or other surface waters.

(c) The activities will not use new surface water drainage facilities larger than one 24-inch diameter pipe or its hydraulic equivalent.

(d) The activities will not use new drainage pumps or other operable structures for stormwater management.

(e) Finished building floors for residential structures will be above the 100-year flood elevation.

(f) All discharge and project runoff locations, excluding runoff from access driveways, will maintain a minimum 75-foot vegetated buffer. This vegetated buffer must include a 25-foot perpetually undisturbed buffer, upland of any wetlands, other surface waters, and drainage ditches.

(g) Impervious and semi-impervious surfaces, excluding access driveways, will maintain a 25-foot vegetated buffer from property boundaries.

(h) Permitted activities are not conducted within the geographic limits of an existing permit issued under Part IV of Chapter 373, F.S.

(3) This general permit is not available if the proposed activities, considered separately or in combination with other activities conducted under this permit, exceed or will exceed any of the limitations in subsection (2), above.

(4) The activities undertaken using this permit shall be taken into account in determining the post-development conditions for any subsequent exemption or permitting decision that includes the same project area.

History

• Rulemaking Authority 373.044, 373.113, 373.118, 373.4131 FS. Law Implemented 373.413, 373.4131, 373.414, 373.416, 373.419 FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.600 General Permit for the Construction of Artificial Reefs

(1) A general permit is provided for the construction of an artificial reef by any person, provided:

(a) The material to be used shall be clean concrete or rock, clean steel boat hulls, other clean, heavy gauge steel products with a thickness of 1/4 inch or greater, and prefabricated structures that are a mixture of clean concrete and heavy gauge steel;

(b) The material shall be free of soils, oils and greases, debris, litter, putrescible substances or other pollutants;

(c) The material shall be firmly anchored to the bottom and shall not be indiscriminately dumped; and,

(d) The material shall be placed so that the top of the reef does not exceed 1/2 the distance from the bottom to the surface of the water unless a greater distance from the surface is required for safe navigation. At no time shall the distance between the top of the reef and the surface of the water be less than 6 feet.

(2) This general permit shall be subject to the following specific conditions:

(a) The permittee shall conduct a survey of the bottom of the waterbody on which the reef is to be built and shall submit the survey to the Agency with the notice required in Rule 62-330.402, F.A.C., demonstrating that the bottom does not have submerged grassbed communities, shellfish or other hardbottom communities, or corals;

(b) There shall be no reefs constructed in bays, lagoons, or estuaries that are less than 12 feet deep;

(c) There shall be no “white goods” (inoperative and discarded refrigerators, freezers, ranges, water heaters, washers, and other similar domestic and commercial appliances), asphalt material, tires, other polluting materials used in construction of the reef;

(d) The site shall be marked with perimeter buoys during construction to ensure that no material is deposited outside of the site;

(e) The size of the boundaries within which the artificial reef is to be deposited shall not exceed 1/4 nautical mile on any side;

(f) The artificial reef site shall not be established within any shipping lanes; and,

(g) The permittee shall notify the National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, Rockville, Maryland, and the Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries Management, via email at artificialreefdeployments@myfwc.com of the precise location of the reef within 30 days of placement of the reef material.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.600, Amended 10-1-13.

Fla. Admin. Code R. 62-330.602 General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History–New 10-3-95, Formerly 62-341.602, Amended 10-1-13, Repealed 11-26-15.

Fla. Admin. Code R. 62-330.603 General Permit for Seagrass Restoration

(1) A general permit is hereby provided for the planting, restoration, and enhancement of native Florida seagrass within estuaries, lagoons, or other tidal waters, subject to the following:

(a) The project shall be solely for restoration purposes and not be considered as mitigation to offset impacts for any other project or be associated with mitigation banking;

(b) The work shall be conducted or directly supervised by persons having expertise designing and implementing seagrass restoration activities; this can be demonstrated by submittal of prior seagrass restoration or seagrass mitigation projects and the associated monitoring reports that demonstrated success;

(c) Restoration sites should have historic evidence of seagrass coverage or evidence of suitable site conditions to allow seagrasses to grow;

(d) Plantings shall consist of the following native marine seagrass species originating from Florida waters: Halophila engelmannii, Halophila decipiens, Halodule wrightii, Syringodium filiforme, Thalassia testudinum, or Ruppia maritima;

(e) Plants shall be acquired from a certified aquaculture facility that holds a valid aquaculture certificate of registration issued pursuant to Section 597.004, F.S. and Chapter 5L-3, F.A.C.;

(f) Regrading or recontouring of the seafloor prior to planting is not authorized under this general permit;

(g) The usage of herbivory exclusion devices, such as fencing or cages, to prevent marine animals from accessing the newly planted seagrass is not authorized under this general permit;

(h) Use of bird stakes may be temporarily placed within the restoration area to promote seagrass growth in settings where, based on best available scientific information, the Agency determines that phosphorus is a limiting nutrient for seagrass growth. Bird stakes, if used, shall be installed no closer than six feet apart and shall be removed within 18 months of initial placement; and

(i) The restoration site will not exceed 20 acres.

(2) The notice required in Rule 62-330.402, F.A.C., shall include documentation, statements, or demonstrations that the above limitations will be met, together with the following:

(a) Documentation that the person using this general permit has authorization from the owner(s) of the submerged lands, if other than the State of Florida, to conduct the proposed activities;

(b) Documentation satisfying the requirements of 1(b) above;

(c) Planting methodology (techniques, planting schedule, location of planting units);

(d) Pre-planting existing conditions report, which includes;

1. Location map of the proposed restoration site, including GPS coordinates;

2. Dimensions of the restoration site;

3. Location of any existing benthic communities located on the site or within 50 feet of the site; and

4. Bathymetry of area to be planted.

(e) A list of the species of seagrass proposed to be planted;

(f) Proposed Monitoring and reporting plan; and

(g) Location of any proposed bird stakes.

(3) All work under this general permit shall be conducted in conformance with the following specific conditions:

(a) Must be conducted in a manner that will not adversely affect the value of functions provided to fish and wildlife by seagrass;

(b) Restoration plantings shall occur during the typical seagrass growing season for the permitted site;

(c) Subsequent plantings may occur if necessary to increase the chances of a successful restoration site; however, all plantings need to occur within five years of permit issuance;

(d) Seagrass restoration under this general permit will not be constructed within:

1. 150 feet from the outside edge of any designated channel marked in accordance with Section 327.40, F.S. or any federally maintained channel without written approval from the entity responsible for channel maintenance;

2. Any channel traditionally used for navigation;

3. 150 feet of any dock or overwater structure, unless the property owner is the applicant or co-applicant for this general permit; and

4. Any previously permitted mitigation area.

(e) All information pertinent to the restoration project allocated by this general permit shall be maintained for the duration of the project and made available to the Department for recordkeeping purposes.

(4) All monitoring reports required under this General Permit shall be submitted to the Department within 60 days and include the following information:

(a) Survey date(s) and time;

(b) Name of individuals conducting the survey;

(c) Location maps of the proposed restoration site, including GPS coordinates;

(d) On-site conditions, including weather; water visibility; and tidal range (flood or ebb);

(5) The Initial Monitoring Report shall be conducted within 30 days of completion of planting at the site and shall include the information listed in (4)(a) through (d) above as well as the following information:

(a) Date of the planting(s);

(b) A list of the species of seagrass planted;

(c) Planting installation technique/methodology;

(d) Total number of seagrass units planted;

(e) As-built maps documenting the area where seagrass planting units were installed;

(f) Color photographs that provide an accurate representation of the planted sites, including GPS locations. The photographs shall be numbered and correspond to their respective locations, shown on an associated map;

(g) Survival rate (presence or absence of planted units);

(h) Location of any bird stakes (if installed); and

(i) Any other useful information that indicate the possibility of disturbances to the seagrass planting units such as, but not limited to, fishery and wildlife resource observations; significant nearby features; or site disturbances.

(6) The second monitoring report shall be conducted within 180 days after the date of the initial planting, and shall include the information listed in (4)(a) through (d) above as well as the following information:

(a) Color photos taken from the same photo stations identified in the initial monitoring event to provide an accurate representation of the planted sites;

(b) Estimate of percent cover, (species present/absent, and extent of growth, no growth, or a loss in seagrass coverage);

(c) Location of bird stakes (if installed or moved since last monitoring report);

(d) Information on any subsequent plantings that have occurred since the last monitoring report including a mapped location, species and number of units planted, planting technique/methodology, and date of planting; and

(e) Other useful information, which may include fishery and wildlife resource observations, significant nearby features, site disturbance, etc.

(7) Annual monitoring reports shall be conducted for three years, beginning one year from the date of the initial planting, and shall include the information listed in (4)(a) through (d) above as well as the following information:

(a) Color photos taken from the same photo stations identified in the initial monitoring event to provide an accurate representation of the planted sites;

(b) Quantitative documentation of percentage of seagrass coverage;

(c) Documentation shall include both the calculations and the calculation technique used to measure percent seagrass coverage and density;

(d) Location of bird stakes (if installed or moved since last monitoring report);

(e) Information on any subsequent plantings that have occurred since the last monitoring report including a mapped location, species and number of units planted, planting technique/methodology, and date of planting; and

(f) Other useful information, which may include fishery and wildlife resource observations, significant nearby features, site disturbance, etc.

(8) Restoration sites shall be monitored annually pursuant to paragraph (7) listed above, unless the monitoring reports indicate the failure of the plantings, and the permittee requests the ceasing of all future monitoring.

History

• Rulemaking Authority 373.026(7), 373.043, 373.044, 373.118, 373.4131, 373.4145, 373.418, 403.805(1), 403.814 FS. Law Implemented 373.026, 373.118(1), 373.136, 373.406(5), 373.413, 373.4131, 373.414(9), 373.418, 403.814(1) FS. History–New 10-7-24, Reviewed 7-17-26.

Fla. Admin. Code R. 62-330.630 General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities

(1) A general permit is granted to the U.S. Army Corps of Engineers for the construction, alteration, operation, and maintenance of systems to implement environmental restoration or enhancement projects. In order to qualify for this general permit, the decision documents for the environmental restoration or enhancement activity must have been coordinated through the process described in Section III of the Interagency Coordination Agreement for Civil Works Projects, Florida Department of Environmental Protection, United States Army Corps of Engineers Jacksonville District, United States Army Corps of Engineers Mobile District (February 28, 2006), incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-03128). Copies of incorporated material may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. In addition, the environmental restoration or enhancement activity must be funded or conducted by the U.S. Army Corps of Engineers, and be authorized under the following documents, which are incorporated by reference herein:

(a) Section 204 of the Water Resources Development Act (WRDA) of 1992, as amended through January 24, 2002 (Beneficial Uses of Dredged Material), and any subsequent amendment by a WRDA through June 1, 2018, (https://www.flrules.org/Gateway/reference.asp?No=Ref-03224);

(b) Section 206 of the Water Resources Development Act of 1996, as amended through January 24, 2002 (Aquatic Ecosystem Restoration), as amended by a WRDA through June 1, 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-03225);

(c) Section 1135 of the Water Resources Development Act of 1986, as amended through January 24, 2002 (Project Modifications for Improvement of the Environment), as amended by a WRDA through June 1, 2018, (https://www.flrules.org/Gateway/reference.asp?No=Ref-03226).

(d) Section 101(8) of WRDA 1992 (Kissimmee River Restoration), as amended by a WRDA through June 1, 2018, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03130); or

(e) The Army Corps Federal portion of any project approved as part of the “Estuaries and Clean Waters Act of 2000” (Title I, PL 106-457) (ERA), Sections 102(3), 104(a), and 110(b) and amended by Section 5017 of WRDA 2007, and any subsequent amendment by a WRDA through June 1, 2018, (https://www.flrules.org/Gateway/reference.asp?No=Ref-02600).

(2) The following shall not be eligible for this general permit; copies of the materials incorporated by reference below may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.:

(a) Activities on the sandy beaches of Florida fronting the Atlantic Ocean, the Gulf of Mexico or the Straits of Florida that extend seaward of the mean high water line, including beach restoration, nourishment, disposal of dredged material, beach or inlet structures, or excavation;

(b) Activities proposed to implement mitigation for another activity that requires a permit under Part IV of Chapter 373, F.S., a water quality certification, or coastal zone consistency concurrence;

(c) Activities that involve replacing a natural biological community type with a different type of biological community, such as filling bay bottom to create a marsh, except:

1. To restore or enhance a community that was previously damaged or destroyed by human activities, such as filling a dredged channel to the elevations and community types that existed before dredging; or

2. To restore or enhance a community type that was previously existing, but has been lost through avulsion when it is determined to be in the public interest; or

3. To reduce or eliminate populations of exotic and nuisance species with the goal of enabling replacement by natural, endemic communities;

(d) Activities that adversely affect animal species that are listed as endangered, threatened or of special concern and endangered or threatened plant species when such plants are located in a wetland or other surface water;

(e) Activities that would adversely affect historic properties listed in or eligible for listing in the National Register of Historic Places under the provisions of Section 267.061, F.S.;

(f) Activities requiring a permit under Section 373.1502, F.S., or authorized under Section 528 of the Water Resources Development Act of 1996, Public Law 104-303 (Critical Restoration Projects), October 12, 1996, which is incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02602);

(g) Activities authorized under Section 101(8) of the Water Resources Development Act of 1992, Public Law 102-580, (October 31, 1992), which is incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-03127); or

(h) Activities conducted in association with Everglades or Lake Okeechobee restoration.

(3) Prior to submittal of the notice to the agency to use this general permit as required and described in paragraph (5)(a), below, the environmental restoration or enhancement activity must be included in a Feasibility Report, Reevaluation Report, Letter Report or other equivalent federal environmental decision document that has been reviewed by the state of Florida. Documentation that the state has found the environmental restoration or enhancement activity to be consistent with the Florida Coastal Management Program must be submitted with the notice to use this general permit. It is not necessary that the report types cited above be considered final or approved by the Corps.

(4) Activities under this general permit are subject to the following additional provisions and limitations. The activities:

(a) Shall not be available for use as future mitigation credit for a separate activity that requires a permit under Part IV of Chapter 373, F.S., a water quality certification, or a coastal zone consistency concurrence;

(b) Must be conducted in a manner that will not adversely affect the value of functions provided to fish and wildlife by wetlands or other surface waters;

(c) Must not cause adverse flooding to onsite or off-site property, adverse impacts to existing surface water storage or conveyance capabilities, adverse secondary impacts to the water resources, adverse impacts to the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S., adverse impacts to a Works of the District established pursuant to Section 373.086, F.S., or adverse effects to properties outside the area to be enhanced or restored;

(d) Must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable special basin and geographic area criteria established in Chapter 40C-41 or 40E-41, F.A.C., both of which are incorporated by reference in paragraph 62-330.301(1)(k), F.A.C.; and

(e) Must not be for the primary purpose of providing or enhancing recreation or other public uses of the lands that are enhanced or restored under this general permit, although such areas are not prohibited from being made available for compatible public recreation activities. However, the construction, alteration, operation, removal, maintenance, or abandonment of public recreational facilities, such as parking lots, roads, trails, boardwalks, docks, piers, observation decks, kiosks, and visitor’s centers, or any project serving those facilities, are not authorized under this general permit, and must be authorized in accordance with Part IV of Chapter 373, and Chapters 253 and 258, F.S., prior to their construction and use.

(5)(a) The notice required in Rule 62-330.402, F.A.C., shall be supplemented with:

1. A copy of the Coastal Zone Consistency Concurrence documentation referenced in subsection (3), above;

2. Documentation of the approved federal authorization under which funding is expected;

3. Copies of the environmental documents that have been developed as part of the early coordination process described in Section III of the Interagency Coordination Agreement for Civil Works Projects, Florida Department of Environmental Protection, United States Army Corps of Engineers Jacksonville District, United States Army Corps of Engineers Mobile District, dated February 28, 2006, incorporated by reference in subsection (1), above; and

4. Should the Corps’ contractors propose to use flocculating agents such as polymers or alum to consolidate sediments or to otherwise prevent potential water quality violations associated with the project design, the Corps shall coordinate with the Agency in advance of submittal of the notice to use this general permit, and shall submit with the notice reasonable assurance that use of such flocculating agents is not likely to cause chronic or acute toxicity in violation of Chapter 62-302, F.A.C., as tested using, at a minimum, elutriate analysis on the specific sediments dredged from or deposited at the project site that require treatment.

5. Should the Corps’ contractors identify that a mixing zone for turbidity is required to prevent potential water quality violations associated with the project, the Corps shall coordinate with the Agency in advance of submittal of the notice to use this general permit to discuss the methods proposed that will provide reasonable assurance that there will be no violation of the turbidity standards in Chapter 62-302, F.A.C., and, as applicable in Rule 62-4.242, F.A.C., outside of the limits established in subsection 62-4.244(5), F.A.C. When the Agency determines that such mixing zone will not cause adverse impacts to the water resources, the Corps will include in the notice to use this general permit a specific request for such a mixing zone and the methods that will be used to comply with its limitations. Projects that require a mixing zone in excess of that allowed under subsection 62-4.244(5), F.A.C., shall not qualify for this general permit.

(b) The Department will provide written notification to the U.S. Army Corps of Engineers whether the proposed activity qualifies for this general permit within 30 days of submittal of the written notice, or 30 days after submittal of any errors or omissions needed to correct the notice, as provided in Rule 62-330.402, F.A.C. The proposed activity shall not commence until the Department has provided affirmative, written confirmation that the proposed activity qualifies for this general permit.

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.118, 373.406, 373.4131, 373.414(9) FS. Law Implemented 373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.419, 373.422, 373.423, 373.426, 403.814(1) FS. History–New 12-5-06, Formerly 62-341.486, Amended 10-1-13, 6-1-18, Reviewed 7-17-26.

Fla. Admin. Code R. 62-330.631 General Permit to Governmental Entities for Limited Environmental Restoration or Enhancement Activities

(1) A general permit is granted to governmental entities to construct, operate, alter, or maintain projects for environmental restoration or enhancement, subject to the limitations and conditions of this section. For purposes of this rule, “environmental restoration and enhancement” means activities conducted to improve the habitat value of wetlands or surface waters for fish and wildlife by eliminating harmful drainage, improving water quality, preventing erosion, stabilizing eroding shorelines, planting wetland vegetation, removing spoil, removing exotic and nuisance vegetation, providing structural habitat, and restoring dredged holes to elevations before they were dredged. The following activities are authorized:

(a) Restoration of an eroding shoreline or the enhancement of a disturbed or altered shoreline by planting appropriate native vegetation in accordance with the following:

1. Preparing grades and contours for planting with no net addition or removal of material.

2. Plantings shall consist of native wetland plant species obtained from commercially-grown stock that is native to the geographic area of the project.

3. All invasive and exotic plant species that occur along the shoreline within the project area are removed in conjunction with the planting.

4. If temporary wave attenuation is needed to protect and ensure survivability of the plantings, turbidity curtains shall be installed and maintained immediately waterward of, and parallel to, the planting area, but must be removed within three months after completion of planting.

5. If permanent wave attenuation is required to maintain shoreline vegetation, an oyster reef or riprap breakwater is authorized to be constructed within tidal waters concurrent with the planting, provided that:

a. The breakwater shall not impede navigation or create a navigational hazard. The outer edge of the breakwater shall be located no more than 15 feet waterward of the mean high water line and have a top height of one foot or less above the mean high water elevation.

b. The breakwater shall be composed of riprap or natural oyster shell cultch such as clean oyster shell and fossilized oyster shell, or combination thereof. Oyster shell shall be packaged within biodegradable bags (e.g., coir fiber) or mesh bags, or securely attached to matting prior to placement in the water to prevent movement of shell out of the project area.

c. The breakwater shall be placed in units so that there is at least one opening measuring at least five feet in width located every 75 linear feet along the breakwater, with a minimum of one opening to allow the flow of water, and the passage of fish and aquatic wildlife.

d. If the breakwater and plantings are located in front of an existing seawall or bulkhead, placement of clean fill for the sole purpose of planting wetland vegetation is authorized, provided that stabilizing riprap or an oyster reef breakwater supports the fill at no more than a two horizontal to one vertical slope and the total area of fill is less than one acre.

(b) Placement of riprap or clean oyster shell, underlain with geotextile filter fabric, within 10 feet waterward of the mean or ordinary high water line of an eroding shoreline. Oyster shell shall be packaged within mesh bags, or securely attached to matting prior to placement in the water to prevent movement of shell out of the project area. Where the shoreline is undercut, sandbags or geotubes filled with sand or hardened concrete placed over geotextile fabric are authorized to prepare the slope for placement of the riprap or oyster shell.

(c) Backfilling, plugging, or installation of weirs within existing drainage ditches or swales, without piping, for the purpose of restoring the hydroperiod of wetlands or other surface waters, and/or the groundwater in uplands, within publicly-owned lands, provided the ditches to be filled are not connected to upstream offsite ditches or canals. Any proposed backfilling, plugging or weir installation shall be supported by a determination, signed and sealed by a registered professional, that such activities will not cause adverse flooding to off-site property.

(d) Scrape down of spoil islands to an intertidal elevation or a lower elevation at which light penetration is expected to allow for seagrass or other native submerged aquatic vegetation recruitment, provided the total area does not exceed 10 acres.

(e) Backfilling of existing dredge holes that are at least five feet deeper than surrounding natural grades to an elevation which is expected to allow for seagrass recruitment, with no displacement of highly organic sediments, provided the total area does not exceed 10 acres.

(f) Placement of rock riprap or clean concrete in existing dredge holes that are at least five feet deeper than surrounding natural grades to enhance habitat values, provided that placed rock or concrete does not extend to within one foot of surrounding natural grades, and the total area does not exceed five acres.

(g) Removal of exotic and nuisance species to allow for the activities listed in paragraphs (1)(a) through (d), above.

(h) Restoration of prop scars and blow holes through previously vegetated grassbeds, including use of sand-filled bags to restore historical natural grades and replanting of seagrass collected from upland nursery sources or donor sites previously permitted under Part IV of Chapter 373, F.S., for this purpose. Bird stakes may be temporarily placed within the restoration area to promote seagrass growth in settings where, based on best available scientific information, the Agency determines that phosphorus is a limiting nutrient for seagrass growth. Bird stakes, if used, shall be installed no closer than six feet apart and shall be removed within 18 months of initial placement.

(2) To qualify for this general permit, the activity must comply with all the following:

(a) The project shall not be considered as mitigation for any other activity.

(b) The project shall not be located within an Aquatic Preserve.

(c) The project shall not include placement of fill, riprap, or any type of breakwater over or within three feet of an area of greater than one percent coverage by emergent or submerged natural resources, or placement of fill material within smalltooth sawfish critical habitat, as designated by the U.S. National Marine Fisheries Service. For purposes of this general permit, the term “emergent or submerged natural resources” includes freshwater and marine herbaceous and forested wetland vegetation, seagrass, coral, sponge, oyster beds, and other submerged aquatic vegetation.

(d) The governmental entity shall submit scaled and dimensioned project plans, signed and sealed by a registered professional, showing the entire project area and all proposed activities within the project area. In addition, project plan-view drawings shall be submitted showing the locations of all existing emergent and submerged natural resource communities, however, these community-depiction drawings are not required to be signed and sealed by a registered professional.

(e) Emergent or submerged natural resources, and other fresh water or marine ecological communities shall not be adversely affected and the ecology of such communities shall directly benefit from the authorized activity, as affirmatively agreed to by the Agency after review of the submitted notice and project plans. To facilitate this review, a pre-application meeting with the Agency must be held in advance of submitting notice to use this general permit.

(3) This general permit shall be subject to the following specific conditions.

(a) All disturbed areas, including intertidal slopes, shall be stabilized and re-vegetated with appropriate non-invasive, annual ground cover vegetation within 72 hours after completion of construction. Subsequently, the areas shall be planted and maintained as necessary to ensure that there is at least 33 percent cover of planted or naturally re-established native wetland or upland plant species within 18 months of completion of authorized work. The areas shall also be maintained free of exotic invasive species.

(b) Riprap material shall be clean limestone, granite, other native rock, or clean rebar-free concrete rubble measuring one foot to three feet in diameter.

(c) Except as otherwise allowed under this general permit, fill material used to backfill dredge holes or planting areas shall comply with the standard of not more than 10 percent of the material passing through a number 200 standard sieve and containing no more than 10 percent organic content, and be free of contaminants that cause violations of state water quality standards.

(d) Turbidity shall be monitored at least twice daily during construction. Monitoring records shall be maintained and available for inspection by the Agency for the period of in-water construction and an additional 90 days beyond in-water construction.

History

• Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.4131 FS. Law Implemented 253.034(1), 373.118, 373.406(5), 373.4131, 373.414(9), 403.814(1) FS. History–New 10-1-13, Amended 6-1-18, Reviewed 7-17-26.

Fla. Admin. Code R. 62-330.632 General Permit for the Restoration, Establishment and Enhancement of Low Profile Oyster Habitat

(1) A general permit is hereby provided for the construction, restoration, and enhancement of low profile oyster habitat (LPOH) within estuaries, lagoons, or other tidal waters, subject to the following:

(a) The total footprint of the LPOH is one quarter acre in size or less;

(b) The work shall be conducted or directly supervised by persons having expertise designing and implementing oyster habitat restoration activities;

(c) The LPOH shall not be inconsistent with any management plan approved by a federal, state, regional and/or local agency that addresses oyster habitat, wetland vegetation, submerged resources, water quality, navigation, or fishing and recreational values of the waterbody, including any Aquatic Preserve management plan adopted under Chapter 18-20, F.A.C.;

(d) The LPOH shall not be considered as mitigation to offset impacts for any other project;

(e) The LPOH shall not serve or include any aquaculture activity regulated under Chapter 597, F.S.; and

(f) The LPOH shall not adversely affect existing natural resources or resource activities within or adjacent to the footprint of the proposed LPOH footprint.

(2) The notice required in Rule 62-330.402, F.A.C., shall include documentation, statements, or demonstrations that the above limitations will be met, together with the following:

(a) An explanation of the overall ecological benefit to be achieved by the LPOH;

(b) Documentation that the person using this general permit has authorization from the owner(s) of the submerged lands, if other than the State of Florida, to conduct the proposed activities;

(c) An environmental resource survey of the bottom of the waterbody throughout the LPOH area, including an additional 50 foot-wide perimeter surrounding the LPOH area demonstrating that:

1. The LPOH area, including the 50 foot-wide perimeter area, does not have any submerged aquatic vegetation or hardbottom resources present;

2. The LPOH will not affect an archaeological, cultural, or historical resource area regulated under Chapter 267, F.S.;

3. The LPOH will not have any work conducted within 100 meters of actively nesting wading bird colonies or within 180 meters of actively nesting tern or skimmer colonies;

4. The LPOH will not be constructed within:

a. 100 feet from the outside edge of any designated channel marked in accordance with Section 327.40 F.S. or federally maintained channel without written approval from the entity responsible for channel maintenance;

b. Any channel traditionally used for navigation;

c. 100 feet of any dock or overwater structure without notice to the current property owner;

d. Any other designated management zone that requires approval to conduct activities unless written approval is received from the managing agency; or

e. Any previously permitted mitigation areas.

(d) Agreement that the activity will comply with the additional conditions of subsection (3), below.

(3) All work under this general permit shall be conducted in conformance with the following specific conditions:

(a) LPOH materials shall consist of only the following:

1. Clean, sediment free culture materials (cultch) that does not contain deleterious substances that have the potential to leach into surface waters. Cultch shall consist of:

a. Recycled shell that has been quarantined for a minimum of three months;

b. Fossil shell;

c. Limerock consisting of a minimum of 20 percent calcium carbonate by volume, with 90 percent of the limerock being no more than six inches in diameter; or

d. Concrete material in which at least 90 percent of the concrete material is no more than six inches in diameter. Concrete shall not be used for a LPOH located in an Aquatic Preserve.

2. Cultch that was intentionally placed in marine or estuarine waters for a period of time to collect oyster larvae, or seedstock (juvenile shellfish species) that has been cultured and placed in marine or estuarine waters for growout; or

3. Cultch or seedstock that has been generated as a result of shellfish aquaculture activities in accordance with Section 597.010, F.S.

(b) LPOH materials shall be firmly fixed on the substrate, bagged, or otherwise contained in such a way as to prevent movement away from the LPOH footprint.

(c) LPOH materials shall not be indiscriminately dumped, placed on substrate with more than five live oysters per square meter, or placed outside of the footprint limits.

(d) The LPOH may consist of placement of LPOH materials in locations where no oyster reef currently exists, restoration of an existing degraded oyster reef to its known historical height, or restoration of an existing degraded oyster reef to the average elevation of existing natural oyster reefs in the immediate vicinity of the LPOH area. Final elevation shall not exceed 18 inches above the existing bottom elevation in locations where no oyster reef currently exists. In no circumstance shall LPOH material be placed at a height above the mean high water elevation.

(e) The LPOH shall not cause harmful erosion or shoaling to adjacent submerged areas and shorelines.

(f) The LPOH shall not cause adverse impacts to the fishing and recreational use of the waterbody, aquatic and wetland dependent species, or submerged resources.

(4) A minimum of 60 days prior to submittal of a notice required in subsection (2), above, the person proposing to use this general permit shall conduct at least one pre-notice meeting with the appropriate Agency staff to discuss the project. If the LPOH is proposed within an Aquatic Preserve, the manager of that preserve or their designee shall be invited to the pre-notice meeting.

(5) The activities authorized in this general permit shall not commence until the Agency has provided written verification of qualification in accordance with section 5.3.2 of Applicant’s Handbook, Volume I.

History

• Rulemaking Authority 373.044, 373.113, 373.118, 373.171, 373.4131 FS. Law Implemented 253.034(1), 373.118, 373.406(5), 373.4131, 373.414(9), 403.814(1) FS. History–New 10-1-13, Amended 6-1-18, Reviewed 7-17-26.

Fla. Admin. Code R. 62-330.635 General Permit for Soil Remediation

(1) A general permit is granted to conduct soil removal activities, including installation of wells and work in wetlands and other surface waters necessary to perform soil remediation as part of a Remedial Action Plan approved by the Department. This includes construction, alteration, operation, and removal of a temporary access road for access to conduct this work, subject to the following conditions.

(a) Removal of contaminated soil is limited to no more than a total of five acres of wetlands.

(b) Temporary fill and materials for equipment access shall be removed immediately following completion of the remediation work.

(c) Any wetland area affected by the work shall be restored to pre-construction wetland elevations within 30 days following completion of the work, using sediments consisting of the same soil textural material as the original pre-construction soil material that is also free of vegetated debris, rebar and any other solid waste materials.

(d) Any muck removed from wetlands for construction of temporary fill roads shall be stockpiled in uplands and used in restoring the affected area to wetland conditions and preconstruction wetland elevations, unless this material is required to be removed as part of the remediation plan.

(e) Within seven days of completion of restoration of pre-construction wetland elevations, all wetland areas shall be re-vegetated with native wetland species endemic to adjoining, undisturbed wetlands or the underlying wetland community type historically occurring at the site. The restored wetland areas shall be maintained and planted as necessary to ensure that at least 33 percent cover of planted or naturally reestablished native wetland plant species is appropriate for the wetland community type within 18 months of completion of authorized work. Exotic invasive species, including but not limited to: Schinus terebinthifolius, Melaleuca quinquenervia, Casuarina spp., Lygodium spp., and nuisance species Typha spp., and Ludwigia peruviana shall be controlled at densities not exceeding the densities of these species in undisturbed portions of the wetland.

(f) In addition to compliance with the notice provisions of Rule 62-330.402, F.A.C., within 60 days following completion of construction, the permittee will notify the Agency by letter of the date construction activities were completed.

(g) All contaminated soils removed from the site shall be disposed of in an appropriate disposal facility, in accordance with the Remedial Action Plan approved by the Department.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.418, 376.3071, 403.814(1) FS. History–New 10-1-13, Amended 6-1-18.

Fla. Admin. Code R. 62-330.901 Noticed General Permit Forms

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414(9), 373.4145, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 9-4-05, Amended 10-1-07, Formerly 62-341.900, Repealed 10-1-13.

Chapter 62-331 STATE 404 PROGRAM

Fla. Admin. Code R. 62-331.010 Intent, Purpose, and Implementation

(1) This chapter, together with the rules and all documents it incorporates by reference, implements the State 404 Program under Section 373.4146, F.S.

(2) The State 404 Program governs all dredging and filling in waters of the United States regulated by the State under Section 373.4146, F.S. (“assumed waters” or “state-assumed waters”), and will be implemented in conjunction with the environmental resource permitting (ERP) program established in Part IV of Chapter 373, F.S.

(3) The State wetland delineation methodology in Chapter 62-340, F.A.C., shall be used to determine the boundary of state-assumed waters. Agency staff shall document the boundary of state-assumed waters using Form 62-330.201(1), “Chapter 62-340, F.A.C., Data Form” (December 22, 2020), incorporated by reference in subsection 62-330.201(1), F.A.C., and as described in Section 7.1 of Applicant’s Handbook Volume I (hereinafter “Volume I”) (effective date), incorporated by reference in paragraph 62-330.010(4)(a), F.A.C. (https://www.flrules.org/Gateway/reference.asp?No=Ref-12078).

(4) The term “Agency” applies to the Department or a Water Management District, as applicable, throughout this chapter.

(5) This chapter is used in conjunction with Chapter 62-330, F.A.C., Volume I and the State 404 Program Applicant’s Handbook (hereinafter “404 Handbook”), incorporated by reference herein (December 22, 2020) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12064).

(6) A State 404 Program permit (“permit”) is not an authorization under Chapter 62-330, F.A.C., and shall be reviewed as a separate authorization.

(7) Where there are conflicts between this chapter and other state rules and statutes, this chapter will control with regard to the State 404 Program (See section 8.4 of the 404 Handbook).

(8) A copy of rules, forms, and other documents incorporated by reference herein and in Chapter 62-330, F.A.C., may also be obtained from the Agency Internet site or by contacting staff in an Agency office identified in Appendix A of Volume I.

(9) This chapter explains how to submit notices and applications for activities regulated under the State 404 Program and provides the standards for Agency review and action.

(10) Where both an ERP and a State 404 Program authorization are required for a dredge or fill activity, an applicant must receive both authorizations prior to conducting the dredge or fill activity. An applicant may choose to have both authorizations issued concurrently to avoid the need for subsequent modification of the project that may occur if one authorization is issued before the other.

(a) Where an applicant chooses to have the State 404 Program and ERP authorizations issued concurrently, and project modifications are required for one authorization after the other application has been deemed complete by the Agency, the complete application shall return to an “incomplete” status until all additional required information for such modification is received. No additional fee shall be charged for review of such modifications.

(b) Where an applicant chooses to have the ERP and State 404 Program authorizations issued separately, and modifications to the issued ERP authorization are required as a result of the State 404 Program review process, the fee to modify the ERP permit under Rule 62-330.071, F.A.C., shall apply.

(11) Agency actions under this chapter are state actions subject to the provisions of Sections 120.569 and 120.57, F.S., except as otherwise provided in Section 373.4146(5), F.S. (See sections 5.1 and 5.3.3 of the 404 Handbook).

(12) An authorization or exemption under this chapter does not relieve the applicant from the need to obtain any other state, federal, or local authorizations that may be required for the project. (See 404 Handbook section 1.3 for guidance).

(13) Notwithstanding any of the provisions of this Rule, to the extent EPA recognizes or authorizes partial assumption for state 404 programs, nothing in this chapter would restrict or prohibit the State of Florida from amending the State 404 program, in accordance with federal law, to accommodate partial assumption.

(14) The Department strives to operate a wetlands regulatory program that far exceeds the minimum standards set by federal law and is comprised of professional and knowledgeable staff that make science-based decisions regarding the water resources of the state. To continuously exhibit these qualities, the Department will institute continuous improvement and evaluation measures, including but not limited to:

(a) Partnering with a third-party entity to identify the qualities of a state wetlands regulatory program that exhibits a paragon of excellence, and

(b) Conducting an annual staffing analysis of the State 404 Program.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.109, 373.4141, 373.4146, 373.421, 373.4211 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.020 Regulated Activities

(1) A permit under this chapter is not required for the activities described in 40 CFR §232.3 as of July 1, 2019, incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-12041), and in Appendix B of the 404 Handbook, subject to the limitations described therein.

(2) Unless an activity qualifies under subsection (1), above, a permit is required prior to conducting any dredge or fill activities in, on, or over state-assumed waters.

(3) The following types of permits are available:

(a) A general permit, as provided in Rule 62-331.200, F.A.C.; and

(b) An individual permit, as provided in Rule 62-331.050, F.A.C.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4135, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.413, 373.4131, 373.4132, 373.4135, 373.4136, 373.4145, 373.4146, 373.416, 373.414, 373.426 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.030 Definitions

Terms used in this chapter are defined in section 2.0 of the 404 Handbook.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.040 Procedures for Review and Agency Action on Exemption Requests

(1) A notice to the Agency is not required to conduct an activity that is exempt under subsection 62-331.020(1), F.A.C., except where the activity requires an authorization or notification under Chapter 62-330, F.A.C. Exemptions under Rule 62-330.051, F.A.C., are not applicable to the State 404 Program.

(2) If a person desires Agency verification of qualification to conduct an exempt activity under this chapter, they shall apply as described in subsections 62-330.050(2) and (3), F.A.C.

(3) The verification of qualification to conduct an exempt activity under this chapter shall be conducted as described in subsections 62-330.050(4) through (7), F.A.C.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.4131, 373.4141, 373.4146(4) FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.050 Individual Permits

(1) An individual permit is required for activities within state-assumed waters if they do not qualify for an exemption under subsection 62-331.020(1), F.A.C., or a general permit under Rules 62-331.200 through 62-331.248, F.A.C.

(2) An application for an individual permit shall be:

(a) Prepared in accordance with Rule 62-331.051, F.A.C.;

(b) Submitted in accordance with section 4.3 of the 404 Handbook and section 4.4 of Volume I; and

(c) Reviewed and acted on in accordance with Rules 62-331.052 and 62-331.053, F.A.C., and sections 5.0 through 8.5 of the 404 Handbook.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4135, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4146, 373.416 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.051 Application for an Individual Permit

Materials to include in an application for an individual permit are described below. Applicants are encouraged to have a pre-application meeting or discussion with Agency staff prior to submitting the application.

(1) The application shall be made on Form 62-330.060(1), “Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State-Owned Submerged Lands” (December 22, 2020), including the information required in the applicable Sections A, B, C, D, G, H, and I, incorporated by reference in subsection 62-330.060(1), F.A.C. (https://www.flrules.org/Gateway/reference.asp?No=Ref-12036); or by use of the applicable Agency’s equivalent e-application form.

(2) All activities which the applicant plans to undertake which are reasonably related to the same project shall be included in the same permit application. Projects that will take longer than the maximum duration allowed under federal law to complete shall follow the long-term conceptual planning process in 404 Handbook section 5.3.2. Subsequent state 404 permits to complete the project shall undergo an expedited review process pursuant to subsections 62-331.052(1) and 62-331.060(8), F.A.C., provided there are no material changes in the scope of the project as originally proposed, site and surrounding environmental conditions have not changed, and the applicant does not have a history of noncompliance with the existing permit.

(3) An application for a permit to complete a project that a permittee is unable to complete within the original duration of the permit shall undergo an expedited review process pursuant to subsections 62-331.052(1) and 62-331.060(8), F.A.C., provided there are no material changes in the scope of the project as originally proposed, site and surrounding environmental conditions have not changed, and the applicant does not have a history of noncompliance with the existing permit.

(4) In addition to the information described in subsection (1), above, the applicant will be required to provide additional information as necessary to assist in the evaluation of the application. Such additional information may include environmental data and information on alternate methods and sites as necessary for the preparation of the required environmental documentation. Further, such additional information shall include data and information necessary for purposes of reviewing impacts to state and federal listed species, including compliance with any applicable requirements resulting from consultation with, or technical assistance by, the Florida Fish & Wildlife Conservation Commission, the U.S. Fish & Wildlife Service, and the National Marine Fisheries Service for purposes of the State 404 Program.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4135, 373.414(9), 373.4145, 373.4146(2), 403.061(44), 403.805(1) FS. Law Implemented 373.413, 373.4131, 373.4135, 373.4136, 373.414, 373.4146, 373.416, 668.003, 668.004, 668.50 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.052 Processing of Individual Permit Applications

(1) Within 30 days of receipt of an application for a permit in accordance with Rule 62-331.051, F.A.C., or receipt of any additional information provided by the applicant in response to the Agency’s request for additional information, or within 15 days of receipt of an application for a subsequent phase of a project where the first phase was previously permitted in accordance with section 5.3.2 of the 404 Handbook or where a new permit is needed to complete a project that was unable to be completed during the duration of the original permit, the Agency shall review the application for administrative and technical completeness and shall request any additional information required by the Agency to publish public notice pursuant to Rule 62-331.060, F.A.C., and to determine if the proposed activity meets the conditions for issuance in Rules 62-330.301, 62-330.302, and 62-331.053, F.A.C. The applicant may voluntarily submit a written waiver of the above timeclock requirement to allow the Agency additional time to determine if additional information is required; the Agency is not obligated to accept the waiver or to delay sending the request for additional information.

(a) An application will be considered administratively incomplete if it does not include the information required in subsection 62-331.060(1), F.A.C., and will be considered technically incomplete if additional information is needed to determine if the proposed activity meets the conditions for issuance in Rules 62-330.301, 62-330.302, and 62-331.053, F.A.C. Permit applications shall not be considered technically complete until the ERP review, if required, is complete. This is to satisfy the requirement for reasonable assurance that State water quality standards and coastal zone consistency requirements will be met. (See Rule 62-331.070, F.A.C., and section 5.0 of the 404 Handbook)

(b) The timeframes and other provisions described in Volume I, sections 5.5.3.5 through 5.5.3.7 shall also apply to applications for permits under this chapter.

(c) The Agency may request additional information as necessary during its review of any information that the Agency receives during the public comment period, at a public meeting, or during federal review.

(2) Within 10 days of the Agency determining that an application is administratively complete pursuant to subsection 62-331.060(1), F.A.C., the Agency shall provide public notice as described in subsection 62-331.060(2), F.A.C. In addition, the Agency shall send a copy of the public notice to EPA for those projects that EPA reviews, in accordance with section 5.2.5 of the 404 Handbook.

(3) For those projects that are subject to federal review in accordance with section 5.2.5 of the 404 Handbook:

(a) If the EPA does not comment on, provide notice to the Agency of its intent to comment on, object to, make recommendations with respect to, or notify the Agency that it is reserving its right to object to, a permit application within 30 days of the date EPA receives the notice, the Agency shall make a final permit decision within 60 days after either the close of the public comment period described in subsection 62-331.060(3), F.A.C., or the project is declared technically complete, whichever occurs later.

1. If the decision is to issue a permit, the permit becomes effective when it is signed by the Agency and the applicant.

2. If the decision is to deny the permit, the Agency will notify the applicant in writing of the reason(s) for denial.

(b) If the EPA intends to comment on, object to, or make recommendations with respect to a permit application, or if EPA does not wish to comment but wishes to reserve the right to object based on any new information brought out by the public during the comment period or at a public meeting, EPA shall notify the Agency of its intent within 30 days of receipt of the public notice or the Agency’s notice to EPA of failure to accept the recommendations of an affected state or tribe. Once the Agency is notified by EPA, or if the Agency fails to accept the recommendations of an affected state or tribe and EPA must review the reasons for failing to accept the recommendations, the following procedures shall apply:

1. Subject to subparagraphs 2. through 5., below, the permit shall not be issued until after the receipt of such comments, objections, or recommendations, or within 90 days of EPA’s receipt of the notice, whichever occurs first.

2. When the Agency has received an EPA objection or requirement for a permit condition under this section, the Agency shall not issue the permit unless the steps required by the EPA to eliminate the objection or condition the permit have been taken. If the Agency chooses not to perform the required steps, the Agency may still issue an ERP permit under Chapter 62-330, F.A.C., but shall not issue a permit under this chapter. In such a case, the applicant is responsible for obtaining any necessary authorizations under section 404 of the CWA from the Corps.

3. Within 90 days after Agency receipt of an objection or a requirement for a permit condition from the EPA, the Agency or any interested party may request that the EPA hold a public meeting on the objection or requirement. EPA shall conduct a public meeting if requested by the Agency, or if warranted by significant public interest based on requests received.

4. If EPA does not hold a public meeting under subparagraph 3., above, the Agency shall, within 90 days of receipt of the objection or requirement for a permit condition, either issue the permit revised to satisfy EPA’s objections or notify EPA of its intent to deny the permit.

5. If EPA holds a public meeting under subparagraph 3., above, EPA shall reaffirm, modify, or withdraw the objection or requirement for a permit condition, and notify the Agency of that decision.

6. If EPA holds a public meeting, the Agency shall have 30 days after EPA gives the Agency notice of its decision under subparagraph 4., above, to take one of the following actions:

a. If EPA has withdrawn the objection or requirement for a permit condition, and the application is technically complete, the Agency may issue the permit; or

b. If EPA has not withdrawn the objection or requirement for a permit condition, the Agency shall do one of the following:

(I) Issue a permit that includes the required permit condition and/or otherwise satisfies EPA’s objection;

(II) Notify EPA of its intent to deny the permit; or

(III) Notify EPA and the applicant that the Agency intends to take no action, in which case, the Corps shall process the section 404 authorization.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4135, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.042, 373.409, 373.413, 373.4131, 373.4132, 373.4135, 373.4136, 373.414, 373.4141, 373.4142, 373.4145, 373.4146, 373.416, 373.426, 373.429, 704.06 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.053 Additional Conditions for Issuance of Individual Permits

In addition to the conditions in Rules 62-330.301 and 62-330.302, F.A.C., individual permits under this chapter are subject to the following conditions:

(1) No dredge or fill activity shall be permitted if there is a practicable alternative to the proposed activity which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences. The Agency shall require the applicant to submit an alternatives analysis completed in accordance with the provisions below. Guidance for completing an alternatives analysis is in Appendix C of the 404 Handbook.

(a) For the purpose of this condition, practicable alternatives shall include, but shall not be limited to:

1. Activities which do not involve dredging or filling in state-assumed waters;

2. Locations where dredge or fill activities would have less adverse impact than the proposed project location, so long as the alternative does not have other significant adverse environmental consequences.

(b) An alternative is practicable if it is available and capable of being done after taking into consideration cost, existing technology, and logistics considering overall project purposes. If it is otherwise a practicable alternative, an area not presently owned by the applicant which could reasonably be obtained, utilized, expanded, or managed to fulfill the basic purpose of the proposed activity may be considered.

(c) Where the dredge or fill activity proposed within a special aquatic site does not require access or proximity to or siting within the special aquatic site to fulfill its basic purpose (i.e., is not “water dependent”), practicable alternatives that do not involve special aquatic sites are presumed to be available, unless clearly demonstrated otherwise. In addition, where a dredge or fill activity is proposed within a special aquatic site, all practicable alternatives to the proposed activity which do not involve dredging or filling within a special aquatic site are presumed to have less adverse impact on the aquatic ecosystem, unless clearly demonstrated otherwise.

(d) To the extent that practicable alternatives have been identified and evaluated under the Coastal Zone Management Program, a CWA section 208 program, or other planning process, such evaluation shall be considered by the Agency as part of the consideration of alternatives under this section. Where such evaluation does not contain all information required under this section, the additional information shall be provided to the Agency for review.

(2) The activity shall not significantly adversely affect the aesthetics of the aquatic ecosystem as they apply to the quality of life enjoyed by the general public and property owners as described in section 8.3.2 of the 404 Handbook.

(3) No permit shall be issued for the following:

(a) When the project is inconsistent with the requirements of this chapter and the 404 Handbook, including when the project:

1. Causes or contributes to violations of any applicable State water quality standard, except when temporarily within a mixing zone proposed by the applicant and approved by the Agency;

2. Causes or contributes to violations of any applicable water quality standard within other states or Tribal lands;

3. Violates any applicable toxic effluent standard or prohibition under section 307 of the CWA, 33 U.S.C. §1317 (2018), incorporated herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12065), or state law;

4. Jeopardizes the continued existence of endangered or threatened species, or results in the likelihood of the destruction or adverse modification of a habitat which is determined by the Secretary of Interior or Commerce, as appropriate, to be a critical habitat for endangered or threatened species. Compliance with any requirements resulting from consultation with, or technical assistance by, the Florida Fish & Wildlife Conservation Commission, the U.S. Fish & Wildlife Service, and the National Marine Fisheries Service for purposes of the State 404 Program, and review, as it pertains to endangered or threatened species, by the U.S. Environmental Protection Agency as described in subsection 62-331.052(2), F.A.C., shall be determinative for purposes of evaluating violations of this subparagraph. If an exemption has been granted by the Endangered Species Committee, the terms of such exemption shall apply in lieu of this subparagraph;

5. Violates any requirement imposed by the Secretary of Commerce to protect any area designated as a marine sanctuary.

6. Causes or contributes to significant degradation of wetlands or other surface waters. Effects contributing to significant degradation considered individually or collectively, include:

i. Significant adverse effects on human health or welfare, including but not limited to, effects on municipal water supplies, plankton, fish, shellfish, wildlife, and special aquatic sites;

ii. Significant adverse effects on life stages of aquatic life and other wildlife dependent on aquatic ecosystems, including the transfer, concentration, and spread of pollutants or their by-products outside of the project site through biological, physical, and chemical processes;

iii. Significant adverse effects on aquatic ecosystem diversity, productivity, and stability. Such effects may include, but are not limited to, loss of fish and wildlife habitat or loss of the capacity of a wetland to assimilate nutrients, purify water, or reduce wave energy; or

iv. Significant adverse effects on recreational, aesthetic, and economic values.

(b) When appropriate and practicable steps have not been taken to minimize potential adverse impacts of the activity on the aquatic ecosystem;

(c) When there does not exist sufficient information to make a reasonable judgement as to whether the proposed activity will comply with the requirements of this chapter;

(d) When the EPA has objected to issuance of the permit and the objection has not been resolved, or placed a requirement for a permit condition that has not been addressed, as described in paragraph 62-331.052(3)(b), F.A.C.;

(e) When the proposed dredge or fill activity would be in an area which has been prohibited, withdrawn, or denied as a disposal site by the EPA under section 404(c) of the CWA, or when the activity would fail to comply with a restriction imposed thereunder;

(f) If the Corps determines, after consultation with the Secretary of the Department in which the Coast Guard is operating, that anchorage and navigation of any of the navigable waters would be substantially impaired.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4135, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.4146 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.054 General Conditions for Individual Permits

(1) Individual permits shall contain the general conditions for individual permits in subsection 62-330.350(1), F.A.C., as applicable, and any specific conditions necessary to assure that the activities will be conducted in compliance with this Chapter, and in a manner which minimizes adverse impacts upon the physical, chemical, and biological integrity of wetlands or other surface waters, such as mitigation requirements and protection measures for listed species or historical resources.

(2) Individual permits shall contain the following conditions in addition to those described in subsection (1), above:

(a) The permittee shall comply with all conditions of the permit, even if that requires halting or reducing the permitted activity to maintain compliance. Any permit violation constitutes a violation of Part IV of Chapter 373, F.S., and this chapter, as well as a violation of the CWA.

(b) The permittee shall take all reasonable steps to prevent any unauthorized dredging or filling in violation of this permit.

(c) The permittee shall timely notify the Agency of any expected or known actual noncompliance.

(d) Upon Agency request, the permittee shall provide information necessary to determine compliance status, or whether cause exists for permit modification, revocation, or termination.

(e) Inspection and entry. The permittee shall allow the Agency, upon presentation of proper identification, at reasonable times to:

1. Enter upon the permittee’s premises where a regulated activity is located or where records must be kept under the conditions of the permit,

2. Have access to and copy any records that must be kept under the conditions of the permit,

3. Inspect operations regulated or required under the permit, and

4. Sample or monitor, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4135, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.042, 373.409, 373.413, 373.4131, 373.4132, 373.4135, 373.4136, 373.414, 373.4141, 373.4142, 373.4145, 373.4146, 373.416, 373.426, 373.429, 704.06 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.060 Public Notice

(1) The Agency shall provide public notice, as described in subsection (2), below, within 10 days of the following: agency determination that an application for an individual permit or major modification is administratively complete; Agency notification to a permittee of revocation or suspension of a permit; and issuance of an emergency field authorization. The Agency shall provide public notice 30 days prior to any scheduled public meeting for such projects. An administratively complete application, as defined and described in sections 2.0 and 8.1, respectively, of the 404 Handbook, shall include the following information:

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

(b) Name(s) and address(es) of owners of property adjoining the property where the activity is proposed to occur;

(c) Self-addressed, stamped envelopes and/or email addresses for each adjoining property owner. These will be used by the Agency to send the public notice. Do not include a return address; it will be added by the Agency;

(d) A complete description of the activity including necessary drawings, sketches, or plans sufficient for public notice; the location, purpose, and intended use of the proposed activity; the long-term conceptual plan described in 404 Handbook, section 5.3.2, if applicable; scheduling of the activity; the location and dimensions of adjacent structures; and a list of authorizations required by other agencies including federal, interstate, state, or local agencies for the work, including all approvals received or denials already made;

(e) A description of the type, composition, source, and quantity of the material to be dredged or used as fill; construction methods; and the site and plans for disposal of any dredged material including a description of spoil cells, dredged material management areas (DMMAs), and final disposal plans if the dredged material is not proposed to remain onsite;

(f) A summary of proposed wetland and other surface water impacts and compensatory mitigation including acres, habitat type, and Uniform Mitigation Assessment Method (UMAM) score developed pursuant to Chapter 62-345, F.A.C., for each assessment area;

(g) The alternatives analysis required by subsection 62-331.053(1), F.A.C.; and

(h) A certification that all information contained in the application is true and accurate and acknowledging awareness of penalties for submitting false information.

(i) Any other information relevant to the project that would significantly assist the public and commenting agencies in reviewing, understanding, and commenting on the proposed project, including information needed for review of impacts to state or federal listed species.

(2) Public notice shall be prepared in accordance with section 5.3.1 of the 404 Handbook and provided as follows:

(a) The Agency shall mail and/or email the notice to the following parties:

1. The applicant;

2. Any other agency with jurisdiction over the activity or the project site, whether or not the agency issues a permit;

3. Owners of property adjoining the property where the regulated activity is proposed or is permitted to occur;

4. Any State or tribe whose waters may be affected by the proposed or permitted activity; and

5. All persons, other than those listed above, who have specifically requested copies of public notices. The Agency may require the use of an existing online notification system to request and receive such notices, except where the requestor asks to be notified by an alternative method because of a technical or financial hardship.

6. The Seminole Tribe of Florida Environmental Resource Management Department (ERMD) for any activity that is within six miles of the Seminole Tribe of Florida’s Big Cypress or Brighton Reservations; within two miles of the Seminole Tribe of Florida’s Immokalee, Lakeland, or Fort Pierce Reservations; within one mile of the Seminole Tribe of Florida’s Tampa, Coconut Creek, or Hollywood Reservations; within the Seminole Tribe’s reserved rights areas, including but not limited to: within Big Cypress National Preserve; within Big Cypress National Preserve addition lands; within Everglades National Park; within Rotenberger Wildlife Management Area; or within Water Conservation Area 3-A.

7. The Seminole Tribe of Florida’s Tribal Historic Preservation Office (THPO) for activities in the State of Florida.

8. The Miccosukee Tribe of Indians of Florida for any activity that is within two miles of the Miccosukee Federal Reservation; Miccosukee Reserve Area; Krome Avenue, Dade Corners, Cherry Ranch, or Sherrod Ranch Reservations; and Coral Way, Lambick, or Sema Trust Properties. Also for any activity within the Miccosukee Tribe’s reserved rights areas, including but not limited to: within Big Cypress National Preserve; within Big Cypress National Preserve addition lands; within Everglades National Park; within Rotenberger Wildlife Management Area; or within Water Conservation Area 3-A.

(b) Notice shall be published on the Agency website.

(c) The notice provided in subsection (a) or (b), above, may be combined with notice required for ERP permits or certain activities on sovereign submerged lands pursuant to Volume I, section 5.5.2.3, provided the provisions of this section are met.

(3) From the date of publication, interested parties may express their views concerning the permit application, modification, revocation, or suspension for a period of:

(a) 30 days; or

(b) 15 days for the following projects:

1. Mosquito control activities including rotary ditching;

2. Erosion control activities not to exceed 0.2 acre of fill;

3. Restoration efforts required by the Agency that do not exceed 0.5 acre of dredge or fill activities into state-assumed waters;

4. The placement of fill material in freshwater wetlands for residential development, not to exceed 0.2 acre, except within the following areas:

a. Wetlands in or adjacent to Outstanding Florida Waters (OFWs);

b. Wetlands in or adjacent to National Parks, National Wildlife Sanctuaries, National Preserves, and National Marine Sanctuaries;

c. Wetlands in Areas of Critical State Concern;

d. Timicuan Ecological and Historical Preserve in Duval County;

e. Golden Gate Estates, Collier County, south of Alligator Alley;

f. The Florida Keys.

(c) The public notice comment period shall automatically be extended to the close of any public meeting, if one is held. The presiding officer may also extend the comment period at the public meeting.

(4) The Agency may hold a public meeting for a proposed project, modification, revocation, or suspension if it is determined that there is a significant degree of public interest in the application. A public meeting may also be held at the discretion of the Agency, when the Agency determines a public meeting may be useful to a decision on the permit application. Interested parties may request a public meeting during the comment period in subsection (3), above.

(a) Any request for a public meeting shall be in writing and shall state the nature of the issues proposed to be raised at the public meeting.

(b) The Agency shall provide notice of a public meeting at least 30 days prior to the scheduled public meeting date.

(c) Any person may submit oral or written statements or data concerning the permit application at the public meeting. Public meetings shall be reported verbatim. Copies of the record of proceedings may be obtained from the Agency or the reporter of such meeting. A copy of the transcript (or, if none is prepared, a recording of the proceedings) shall be made available for public inspection at the local Agency office.

(5) Any state whose waters may be affected by the proposed activity, or any tribe whose waters or resources, including historical resources, may be affected by the proposed activity, may submit written comments and suggest permit conditions within the public notice comment period provided in subsection (3), above. If the Agency does not accept the recommendations of the state or tribe, the Agency shall notify the state or tribe and EPA in writing, prior to permit issuance, of the Agency’s failure to accept the recommendations, with the reasons for so doing. The application shall then be subject to the review process in paragraph 62-331.052(3)(b), F.A.C.

(6) The Agency shall consider all comments received in response to the public notice, and public meeting if a meeting is held. All comments, as well as the record of any public meeting, shall be made part of the official record on the application.

(7) Revocation or suspension of permits shall be subject to the review process in subsection 62-331.052(3), F.A.C.

(8) Notice for subsequent phases of a long-term project permitted in accordance with section 5.3.2 of the 404 Handbook, or for permits to complete a project that was unable to be completed during the duration of the original permit, shall include only those changes not considered during permitting of a previous phase. Where there are no changes to the project, the notice shall provide the public an opportunity to submit comments, materials, or evidence pertaining to identification of material site changes or potential noncompliance.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.4146 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.070 Water Quality and Coastal Zone Consistency Review

(1) Compliance with applicable state water quality standards shall be required for issuance of a permit.

(2) Compliance with the Coastal Zone Management Program shall be required for issuance of a permit.

(3) To ensure compliance with subsections (1) and (2), above, a verification of exemption or permit under this chapter shall not be issued unless the activity is exempt under Chapter 62-330, F.A.C., or the applicable ERP under Chapter 62-330, F.A.C., is issued.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 380.23(4), 403.0877, 403.805(1) FS. Law Implemented 373.026(7), 373.109, 373.117, 373.118, 373.413, 373.4131, 373.4141, 373.4145, 373.4136, 373.4146, 373.416, 373.426, 373.428, 380.23, 403.0877 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.080 Modification, Suspension, or Revocation of Permits

Modification of permits shall be conducted in accordance with subsections 62-330.315(1) through (3), F.A.C., and section 6.2 of Volume I, as applicable. Suspension or revocation of permits shall be conducted in accordance with Section 373.429, F.S. In addition, modification, suspension, or revocation of permits is subject to the following:

(1) The following shall be processed as minor modifications. Any activity not covered below shall be processed as a major modification:

(a) Correction of typographical errors;

(b) Requiring more frequent monitoring or reporting by permittee;

(c) Changing ownership or operational control of a project or activity where the Agency determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Agency;

(d) Minor modifications of project plans that do not significantly change the character, scope, and/or purpose of the project or result in significant change in environmental impact. The Agency shall use the factors in section 6.2.1(d) of Volume I, as applicable, to determine whether the modification will be considered minor;

(e) Extending the term of an individual permit to the amount of time reasonably needed to complete the project, but not to exceed the maximum duration allowed under federal law and so long as the modification does not result in any increase in the amount of material to be dredged or used as fill.

(2) The Agency shall reevaluate the circumstances and conditions of a permit at any time, either on its own motion or at the request of the permittee or a third party and determine whether to initiate action to modify, suspend, or revoke a permit if sufficient cause exists. Sufficient cause exists when any one of the following factors are present:

(a) Permittee’s noncompliance with any of the terms or conditions of the permit;

(b) Permittee’s failure in the application or during the permit issuance process to fully disclose all relevant facts or the permittee’s misrepresentation of any relevant facts at the time;

(c) Information that activities authorized by a general permit are having more than minimal individual or cumulative adverse effect on the environment, or that the permitted activities are more appropriately regulated by individual permits;

(d) Circumstances relating to the authorized activity have changed since the permit was issued and changed permit conditions or temporary or permanent cessation of any dredge or fill activity controlled by the permit are justified;

(e) Any significant information relating to the activity authorized by the permit if such information was not available at the time the permit was issued and would have justified the imposition of different permit conditions or denial at the time of issuance;

(f) Revisions to applicable statutory or regulatory authority, including toxic effluent standards or prohibitions or water quality standards.

(3) Extensions of permits.

(a) Individual permits shall not be extended beyond the maximum duration allowed under federal law.

(b) General permits shall not be extended.

(4) Public notice.

(a) Minor modifications shall not be subject to the public notice requirements in Rule 62-331.060, F.A.C.

(b) Major modifications shall be subject to the public notice requirements in Rule 62-331.060, F.A.C. However, only the conditions subject to modification shall be re-opened.

(c) Revocation and suspension of permits shall be effective upon the permittee’s receipt of notification from the Agency of such revocation or suspension. Public notice of the revocation or suspension shall be made in accordance with Rule 62-331.060, F.A.C.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.4146, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.090 Duration of Permits

Unless revoked or otherwise modified, the duration of a permit under this chapter is:

(1) General permits shall be effective for a fixed term not to exceed five years as provided in subsection 62-331.200(5), F.A.C.

(2) The duration of individual permits shall be specified in each permit and shall not exceed the maximum timeframe allowable under federal law and reasonably necessary to complete the project.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.4146(5) FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.100 Transfer of Permit Upon Change of Ownership or Control

(1) Transfer of an individual permit shall be in accordance with Rule 62-330.340, F.A.C. The phrase “under this chapter” shall mean Chapter 62-331, F.A.C.

(2) If the permittee sells the property associated with a general permit verification, the permittee shall transfer the general permit verification to the new owner by submitting a completed Form 62-331.100(1) – “Transfer of State 404 Program General Permit Verification,” incorporated by reference herein (December 22, 2020) (https://flrules.org/Gateway/reference.asp?No=Ref-12042), within 30 days of the sale, to the Agency that processed the original notice.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.4131, 373.4135, 373.4136, 373.4145, 373.4146, 373.416, 373.426 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.110 Emergency Field Authorizations

(1) The Agency shall issue an emergency field authorization for dredge or fill activities to abate an emergency condition before a permit could be issued or modified under this chapter. “Emergency conditions” are defined as those that pose an imminent or existing serious threat or danger and require immediate action to protect the public health, safety, or welfare, or the water resources of the Agency, including the health of aquatic and wetland-dependent species; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses. Carelessness or the lack of planning on the part of an applicant shall not be sufficient grounds to warrant the granting of an emergency field authorization.

(2) The entity requesting an emergency field authorization shall complete an “State 404 Program Emergency Field Authorization”, Form 62-331.110(1) (December 22, 2020), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12066). A copy of this form may be obtained from the Agency, as described in subsection 62-331.010(8), F.A.C. The activity authorized by the emergency field authorization may commence upon written approval by the Agency’s field representative. The recipient of an emergency field authorization is responsible for compliance with all the terms and conditions of the authorization.

(3) Any emergency field authorization shall be limited to the duration of time (typically no more than 90 days) required to complete the authorized emergency action.

(4) The emergency field authorization may be terminated at any time, effective immediately upon the Agency notifying the permittee of the termination either orally or in writing, if the Agency determines that termination is necessary to protect human health or the environment. If oral termination is given, the Agency shall follow up with a written termination within five business days.

(5) Notice of the emergency field authorization shall be published and public comments solicited in accordance with Rule 62-331.060, F.A.C., as soon as possible, but no later than 10 days after the issuance date.

(6) If required by a condition in the emergency field authorization, the permittee shall, within 90 days of issuance of the emergency field authorization, apply for a permit. Such permit, if issued, shall, where applicable, include requirements for restoration of aquatic resources or modification of the work completed under the emergency field authorization to comply with the provisions of this chapter.

(7) The Agency shall consult with EPA, the Corps, the tribes, FWC, FWS, and NMFS, as applicable, about issuance of an emergency permit as soon as possible after the emergency permit is requested, but no later than the day of issuance of the emergency permit.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 373.4146, 403.805(1) FS. Law Implemented 373.119, 373.413, 373.4131, 373.4145,373.4146, 373.416, 373.426, 373.439 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.120 Fees

There shall be no additional fee charged for verifications, notices, applications, or permits under this chapter.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.109, 373.4146 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.130 Compensatory Mitigation

Compensatory mitigation shall be considered only after the requirements of subsection 62-331.053(1), F.A.C., have been met. Compensatory mitigation required for authorizations or compliance actions under this chapter shall be conducted in accordance with section 10.3 of Volume I, section 8.5 of the 404 Handbook, and this section:

(1) Mitigation Hierarchy. The preferential hierarchy in the 404 Handbook section 8.5.1 shall be followed when compensatory mitigation is required for authorizations and compliance actions.

(2) Mitigation proposals other than the purchase of mitigation bank or in-lieu fee program credits shall include an adaptive management plan. The plan shall include information about the party or parties responsible for implementing adaptive management measures, including the information required in Volume I, section 10.3.1.2.1.

(3) Federal credits from mitigation banks or in-lieu fee programs approved by the Corps shall be accepted by the Agencies to offset impacts for permits when the number and resource type of credits available are appropriate to offset impacts.

(4) Mining reclamation activities may be considered appropriate compensatory mitigation for impacts from mining projects undertaken pursuant to Chapter 378, F.S., and rules promulgated thereunder, if they maintain or improve the water quality and the function of biological systems present at the site prior to the commencement of mining activities, subject to the following additional requirements:

(a) Additional compensatory mitigation shall be required if the Agency determines that the onsite reclamation activities will not fully offset the regulated activity’s adverse impacts.

(b) Section 373.414(6)(b), F.S., and paragraph 62-345.600(1)(b), F.A.C., pertaining to time lag for phosphate and heavy minerals mines, shall not apply to compensatory mitigation for permits or compliance actions.

(c) Additional compensatory mitigation, if required, shall be subject to the mitigation hierarchy in subsection (1), above.

(5) Compensatory mitigation for Florida Department of Transportation (FDOT) projects, proposed in accordance with Section 373.4137, F.S., shall be consistent with this chapter to be used for State 404 Program permits.

(6) Compensatory mitigation for mining in the Miami-Dade County Lake Belt Area requiring a State 404 permit conducted in accordance with Section 373.41492, F.S. shall be consistent with this chapter to be used for State 404 Program permits. Activities authorized by the permit cannot commence until the specific compensatory mitigation project for which the mitigation funds will be used are identified and approved by the Lake Belt Mitigation Committee.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.414, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.413, 373.4131, 373.4132, 373.4135, 373.4136, 373.414, 373.4144, 373.4145, 373.4146, 373.416 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.140 Mitigation Banks and In-Lieu Fee Programs

(1) Mitigation banks and in-lieu fee program instruments shall be reviewed and processed by the Corps in accordance with federal law. However, the Agency shall be responsible for issuing any permits required for dredge or fill activities needed to implement the mitigation bank or in-lieu fee program within state-assumed waters.

(2) Federal mitigation bank and in-lieu fee credits shall be acceptable to provide compensatory mitigation for State 404 Program permits, where appropriate. (See 404 Handbook, section 8.5.1).

(3) A designated representative of the Agency shall serve as a member of the Interagency Review Team.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4135, 373.414, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.413, 373.4131, 373.4132, 373.4135, 373.4136, 373.4146 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.160 Use of Formal Determinations

A valid formal determination completed in accordance with subsection 62-330.201(2), F.A.C., and Volume I, section 7.2 shall be accepted in an application for a permit.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.421(2), 373.4146(2), 403.805(1), 403.0877 FS. Law Implemented 373.026, 373.4131, 373.4146, 373.421(2), 373.441 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.200 Policy and Purpose of General Permits

(1) The general permits apply to those activities that do not otherwise qualify for an exemption under subsection 62-331.020(1), F.A.C., and that qualify under the general permit requirements in this section and within the specific general permit for which notice of intent to use a general permit is given.

(2) General permits authorize activities that, if conducted consistent with the permit requirements, will cause only minimal individual and cumulative adverse environmental effects. Compensatory mitigation shall be required, when necessary, to offset impacts authorized under a general permit, unless the general permit specifically states otherwise. Any required compensatory mitigation must comply with provisions in Rule 62-331.130, F.A.C., and section 8.5 of the 404 Handbook.

(3) If required, notice of intent to use the general permit shall be given pursuant to subsection 62-330.402(1), F.A.C., and section 4.3 of the 404 Handbook, and acted upon in accordance with subsection 62-330.402(4), F.A.C., section 5.0 of the 404 Handbook, and this section. Submittal of a notice of intent to the Agency is required if:

(a) Indicated in the general permit;

(b) The activity requires a notification or authorization under Chapter 62-330, F.A.C.;

(c) The project is in state-assumed waters accessible to any state or federal listed species;

(d) The activity is adjacent to the river segments identified in the Nationwide Rivers Inventory: https://www.nps.gov/ncrc/programs/rtca/nri/index.html;

(e) The activity is in the Florida Keys;

(f) The project is adjacent to a federal project;

(g) The project is adjacent to or may impact Tribal lands or Tribal Trust Resources;

(h) The project is within six miles of the Seminole Tribe of Florida’s Big Cypress or Brighton Reservations; within two miles of the Seminole Tribe of Florida’s Immokalee, Lakeland, or Fort Pierce Reservations; within one mile of the Seminole Tribe of Florida’s Tampa, Coconut Creek, or Hollywood Reservations; within the Seminole Tribe’s reserved rights areas, including but not limited to: within Big Cypress National Preserve; within Big Cypress National Preserve addition lands; within Everglades National Park; within Rotenberger Wildlife Management Area; or within Water Conservation Area 3-A;

(i) The project is within two miles of the Miccosukee Federal Reservation; Miccosukee Reserve Area; Krome Avenue, Dade Corners, Cherry Ranch, or Sherrod Ranch Reservations; and Coral Way, Lambick, or Sema Trust Properties. Also for any activity within the Miccosukee Tribe’s reserved rights areas, including but not limited to: within Big Cypress National Preserve; within Big Cypress National Preserve addition lands; within Everglades National Park; within Rotenberger Wildlife Management Area; or within Water Conservation Area 3-A; or

(j) The State Historic Preservation Office (SHPO) determines that the Florida Master Site File (FMSF) includes a historic property within 50 meters of the project area that is listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places. To obtain this determination, any person who intends to use a general permit that does not otherwise require notice shall contact the FMSF to conduct a historic properties search. The applicant shall provide the FMSF with a description of project area, project area map, and Section/Township/Range and/or latitude/longitude coordinates to sitefile@dos.myflorida.com or contact the FMSF office at (850)245-6440.

1. Where the FMSF Report for the property (or all properties if more than one) shows the SHPO Evaluation (‘SHPO Eval’ column) to be “Not Eligible” and also shows the property(ies) are not listed or proposed for listing on the National Register of Historic Places (‘NR Status’ column), and notice is not otherwise required under this section, then submittal of a notice of intent is not required.

2. Notice is required if the applicant has knowledge of a historic property that is listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties.

(4) Each permittee who receives a general permit verification letter under this Chapter must submit a completed Form 62-331.200(1) – “Certification of Compliance with a State 404 Program General Permit”, incorporated by reference herein (December 22, 2020) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12067), within 30 days of completion of the authorized activity, or the implementation of any required compensatory mitigation, whichever is later.

(5) General permits shall expire five years from the date the general permit becomes effective in rule. If the general permits are not renewed before the expiration date, an individual permit will be required for the activities.

(6) The Agency shall have discretionary authority to require any person authorized under a general permit to apply for an individual permit where sufficient cause exists. Sufficient cause shall include a likelihood that the project will cause more than minimal adverse environmental effects to the aquatic environment; including individual, secondary, and cumulative impacts; and the ability to comply with the conditions in Rule 62-331.201, F.A.C., below.

(7) The Agency may administer, upon agreement with the Corps, Corps regional general permits that are still effective upon the date of assumption for projects within assumed waters, where appropriate, until the date that they expire. The Department shall keep a list of any regional general permits administered by the state after the date of assumption at the following website http://flrules.org/Gateway/reference.asp?No=Ref-12067.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.4131, 373.414, 373.4144, 373.4145, 373.4146, 373.416, 373.426 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.201 Conditions for General Permits

(1) General permits shall be subject to the conditions in subsections (2) and (3), below, and the general conditions for all general permits in Rule 62-330.405, F.A.C., except subsections 62-330.405(7) and (10), F.A.C. The Agency may revise the general conditions in Rule 62-330.405, F.A.C. to include references to applicable rules under this chapter, as necessary.

(2) When a project requires submittal of a notice of intent to use a general permit, the Agency shall impose specific conditions as necessary to assure that the activities will be conducted in compliance with this chapter, and in a manner which minimizes adverse impacts upon the physical, chemical, and biological integrity of wetlands or other surface waters, such as mitigation, monitoring, reporting, or recordkeeping requirements and protection measures for listed species or historical resources.

(3) In addition, general permits under this chapter are subject to the following conditions:

(a) Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity’s primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing shall be designed and constructed to minimize adverse effects to aquatic life movements.

(b) Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.

(c) Migratory Bird Breeding Areas. Activities in state-assumed waters that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

(d) Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by general permits in Rule 62-331.211 or 62-331.244, F.A.C., or is a shellfish seeding or habitat restoration activity authorized by the general permit in Rule 62-331.225, F.A.C.

(e) Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or fill must be free from toxic pollutants in toxic amounts as listed in section 307 of the CWA, which is incorporated by reference in subparagraph 62-331.053(3)(a)3., F.A.C., or state law.

(f) Water Supply Intakes. No activity may occur within 1000 feet of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.

(g) Fills Within 100-year Floodplains. The activity shall comply with applicable FEMA-approved state or local floodplain management requirements.

(h) Single and Complete Project. The activity must be a single and complete project. The same general permit cannot be used more than once for the same single and complete project unless otherwise stated within the general permit. (See 404 Handbook, section 3.2.1).

(i) Wild and Scenic Rivers. No general permit activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a study river for possible inclusion in the System while the river is in an official study status, unless the appropriate federal agency with direct management responsibility for such river has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status.

(j) Tribal Rights. No general permit activity may cause more than minimal adverse effects on tribal rights (including treaty rights, settlement rights, or rights reserved under state or federal law), protected tribal resources (including cultural or burial resources off reservation), tribal waters, or to tribal lands.

(k) Listed species. No activity is authorized under any general permit which is likely to directly or indirectly jeopardize the continued existence of an endangered or threatened species or a species proposed for such designation, or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any general permit which may affect a listed species or critical habitat, unless the Agency has consulted with, or been provided technical assistance by the Florida Fish & Wildlife Conservation Commission, the U.S. Fish & Wildlife Service, and the National Marine Fisheries Service under their respective authorities and appropriate measures to address the effects of the proposed activity have been implemented or are required as a specific condition to the general permit.

(l) Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act, 16 U.S.C. §§703 – 712 (2018), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12068), and the Bald and Golden Eagle Protection Act, 16 U.S.C. §§668 – 668(d) (2018), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12069). The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether incidental take permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.

(m) Historic Properties. In cases where the Agency determines, based on information from SHPO, that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized until a determination of “no effect” or “no adverse effect” is provided by SHPO.

(n) Manatees. In waters that are accessible to manatees, the permittee shall follow the “Standard Manatee Conditions for In-Water Work (2011)”, incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12070).

(o) Sea turtles, smalltooth sawfish, Gulf sturgeon, or shortnose sturgeon. In waters that are accessible to these species, the permittee shall follow the “Sea Turtle and Smalltooth Sawfish Construction Conditions” (March 23, 2006), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12071).

(p) Use of Multiple General Permits. The use of more than one general permit under this Chapter for a single and complete project is prohibited, except when specified within a specific general permit, or when the acreage loss of state-assumed waters authorized by the general permits does not exceed the acreage limit of the general permit with the highest specified acreage limit.

(q) Transfer of General Permit Verifications. If the permittee sells the property associated with the general permit verification, the permittee shall transfer the general permit verification to the new owner by submitting a completed Form 62-331.100(1) – “Transfer of State 404 Program General Permit Verification” (December 22, 2020), incorporated by reference in subsection 62-331.100(2), F.A.C., within 30 days of the sale, to the Agency that processed the original notice.

(r) Compliance Certification. Each permittee who receives a general permit verification letter under this Chapter must submit a completed Form 62-331.200(1) – “Certification of Compliance with a State 404 Program General Permit” (December 22, 2020), incorporated by reference in subsection 62-331.200(4), F.A.C., within 30 days of completion of the authorized activity, or the implementation of any required compensatory mitigation, whichever is later.

(s) Activities Affecting Structures or Work Built by the United States. If an activity also requires permission from the Corps pursuant to 33 U.S.C. §408 because it will alter or temporarily or permanently occupy or use a Corps federally authorized Civil Works project, the prospective permittee is responsible for obtaining such permission separately from the Corps prior to commencing activities authorized by the general permit.

(t) If during the ground disturbing activities and construction work within the permit area, there are archaeological or cultural materials encountered which were not the subject of a previous cultural resources assessment survey or to which such impacts were not anticipated, including but not limited to pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement; the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Agency within the same business day. The Agency shall then notify the State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) or tribe when the interested tribe does not have a THPO, to assess the significance of the discovery and devise appropriate actions.

(u) Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries or effects to historic properties as referenced in accordance with condition (t), above, and if deemed necessary by the SHPO, or THPO(s), Tribes, or Agency. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Agency may modify, suspend, or revoke the permit in accordance with Rule 62-331.080, F.A.C. Such activity shall not resume without written authorization from the SHPO and THPO(s), or tribe when the interested tribe does not have a THPO, concerning potential effects to cultural resources or historic properties for finds under their jurisdiction, and from the Agency.

(v) In the event that unmarked human remains are identified, they shall be treated in accordance with Section 872.05, F.S. All work and ground-disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Agency, and State Archaeologist within the same business day. The Agency shall then notify the appropriate SHPO and THPO(s) and appropriate tribes and other appropriate consulting parties. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Agency may modify, suspend, or revoke the permit in accordance with Rule 62-331.080, F.A.C. Such activity shall not resume without written authorization from the medical examiner, State Archaeologist, and from the Agency. Additionally, if the unmarked remains were identified on federal lands, or lands where the Archaeological Resources Protection Act, 16 U.S.C. §§470aa – 470mm (2018), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12072), or the Native American Graves Protection Repatriation 25 U.S.C. §§3001-3013 (2018), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12073), applies, such activity shall not resume without written authorization from the SHPO, the appropriate THPO(s), and the federal land manager.

(w) Noncompliance. The permittee shall timely notify the Agency of any expected or known actual noncompliance.

(x) Inspection and entry. The permittee shall allow the Agency, upon presentation of proper identification, at reasonable times to:

1. Enter upon the permittee’s premises where a regulated activity is located or where records must be kept under the conditions of the permit,

2. Have access to and copy any records that must be kept under the conditions of the permit,

3. Inspect operations regulated or required under the permit, and

4. Sample or monitor, for the purposes of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters at any location.

(y) The permittee shall comply with all conditions of the permit, even if that requires halting or reducing the permitted activity to maintain compliance. Any permit violation constitutes a violation of Part IV of Chapter 373, F.S., and this chapter, as well as a violation of the CWA.

(z) The permittee shall take all reasonable steps to prevent any unauthorized dredging or filling in violation of this permit.

(aa) Upon Agency request, the permittee shall provide information necessary to determine compliance status, or whether cause exists for permit modification, revocation, or termination.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.210 General Permit for Maintenance or Removal

(1) This general permit authorizes the following activities:

(a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR §330.3 as of July 1, 2019, incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12074), provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure’s configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized.

(b) The removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project.

(c) The removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill.

(d) The repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the Agency, provided the permittee can demonstrate funding, contract, or other similar delays.

(e) The removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built but cannot extend farther than 200 feet in any direction from the structure. This 200-foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no state-assumed waters unless otherwise specifically approved by the Agency under separate authorization.

(f) Temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and fill, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated.

(2) This general permit does not authorize:

(a) Beach restoration.

(b) New stream channelization or stream relocation projects.

(c) Maintenance or removal of projects that capture and store water, such as Dispersed Water Management Projects (DWMPs).

(3) Notice of intent to use this general permit is required for activities authorized by paragraph (1)(e). The notice must include information regarding the original design capacities and configurations of the outfalls, intakes, and small impoundments.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373. 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.211 General Permit for Fish and Wildlife Harvesting, Enhancement, and Attraction Devices

(1) This general permit authorizes fish and wildlife harvesting devices and activities such as pound nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds, and clam and oyster digging, fish aggregating devices (for research purposes only), and small fish attraction devices.

(2) This general permit does not authorize:

(a) Artificial reefs.

(b) Impoundments and semi-impoundments of state-assumed waters for the culture or holding of motile species such as lobster.

(c) The use of covered oyster trays or clam racks.

(d) Placement of materials for Live Rock culture.

(e) Harvesting of Live Rock.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.212 General Permit for Scientific Measurement Devices

(1) This general permit authorizes the following activities:

(a) Installation and removal of devices, whose purpose is to measure and record scientific data, such as staff gages, meteorological stations, water recording and biological observation devices, water quality testing and improvement devices, and similar structures.

(b) Installation and removal of small weirs and flumes constructed primarily to record water quantity and velocity, provided the dredging or filling is limited to 25 cubic yards.

(2) Upon completion of the use of the device to measure and record scientific data, the measuring device and any other structures or fills associated with that device (e.g., foundations, anchors, buoys, lines, etc.) must be removed to the maximum extent practicable and the site restored to pre-construction elevations.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.213 General Permit for Survey Activities

(1) This general permit authorizes the following activities:

(a) Survey activities, such as core sampling, seismic exploratory operations, plugging of seismic shot holes and other exploratory-type bore holes, exploratory trenching, soil surveys, sampling, sample plots or transects for wetland delineations, and historic resources surveys. For the purposes of this general permit, the term “exploratory trenching” means mechanical land clearing of the upper soil profile to expose bedrock or substrate, for the purpose of mapping or sampling the exposed material. The area in which the exploratory trench is dug must be restored to its pre-construction elevation upon completion of the work and must not drain a state-assumed water. In wetlands, the top 6 to 12 inches of the trench shall be backfilled with topsoil from the trench.

(b) The construction of temporary pads, provided the fill does not exceed 1/10-acre in waters of the U.S.

(2) This general permit does not authorize:

(a) Dredging, filling, or structures associated with the recovery of historic resources.

(b) Drilling and the sidecasting of excavated material from test wells for oil and gas exploration; however, the plugging of such wells is authorized.

(c) Fill placed for roads and other similar activities.

(d) Permanent structures.

(e) Seismic exploratory devices within the limits of the Everglades as defined in Sections 403.031(13)(a) and (b), F.S., and the Big Cypress and Water Conservation Areas 1, 2A, 2B, 3, and 3A.

(3) Notice of intent to use this general permit is required for Seismic exploratory activities in state-assumed waters accessible to any federal listed species.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.214 General Permit for Outfall and Intake Structures

(1) This general permit authorizes activities related to the construction or modification of outfall structures and associated intake structures, where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted by, or otherwise in compliance with regulations issued under Part I of Chapter 403, F.S.

(2) This general permit does not authorize the construction of intake structures, unless they are directly associated with an authorized outfall structure.

(3) Notification: The permittee must submit a notice to the Agency prior to commencing the activity.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.215 General Permit for Utility Line Activities

(1) This general permit authorizes the following activities:

(a) Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in state-assumed waters, provided the activity does not result in the loss of greater than 1/2-acre of state-assumed waters for each single and complete project.

1. A “utility line” is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and internet, radio, and television communication. The term “utility line” does not include activities that drain a state-assumed water, such as drainage tile or French drains, but it does apply to pipes conveying drainage from another area.

2. Material resulting from trench excavation may be temporarily sidecast into state-assumed waters for no more than three months, provided the material is not placed in such a manner that it is dispersed by stormwater or other forces. The Agency may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. For a trench with a top width greater than three feet in herbaceous wetlands, the upper layer of the soil horizon shall initially be scraped and segregated into a spoil bank that is separated from the spoil bank resulting from the excavation of the trench for the utility line. The upper layer of the soil horizon shall be replaced as the last step of restored grades to facilitate natural revegetation. The trench cannot be constructed or backfilled in such a manner as to drain state-assumed waters (e.g., backfilling with extensive gravel layers, creating a French drain effect).

3. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody.

4. For overhead utility lines authorized by this general permit, a copy of the notice will be provided to the Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities.

(b) Construction, maintenance, or expansion of substation facilities associated with a power line or utility line in state-assumed waters, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1/2-acre of state-assumed waters.

(c) Construction or maintenance of foundations for overhead utility line towers, poles, and anchors in state-assumed waters, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible.

(d) Construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, in state-assumed waters, provided the activity, in combination with all other activities included in one single and complete project, does not cause the loss of greater than 1/2-acre of state-assumed waters.

1. Access roads must be the minimum width necessary.

2. Access roads must be constructed so that the length of the road minimizes any adverse effects on state-assumed waters and must be as near as possible to pre-construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-construction contours and elevations in state-assumed waters must be properly bridged or culverted to maintain surface flows.

3. Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this general permit.

4. Access roads used solely for construction of the utility line must be removed upon completion of the work, in accordance with the requirements for temporary fills as referenced in paragraph (f), below.

(e) Temporary structures, fills, and work necessary for the remediation of inadvertent returns of drilling fluids to state-assumed waters through sub-soil fissures or fractures that might occur during horizontal directional drilling activities conducted for the purpose of installing or replacing utility lines.

1. These remediation activities must be done as soon as practicable, to restore the affected waterbody.

2. Permittees must prepare a frac-out plan prior to construction that meets the requirements of section 3.2.1.3 of the 404 Handbook.

(f) Temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the utility line activity.

1. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and fill, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites.

2. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows or stormwater.

3. After construction, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.

4. The areas affected by temporary fills must be revegetated.

(2) This general permit does not authorize:

(a) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters to construct, maintain, or expand substation facilities.

(b) Dredging or filling in nontidal wetlands adjacent to tidal retained waters for access roads.

(3) A notice of intent to use this general permit is required prior to commencing the activity if any of the following criteria are met:

(a) The activity involves mechanized land clearing in a forested wetland for the utility line right-of-way.

(b) The utility line in state-assumed waters, excluding overhead lines, exceeds 500 feet.

(c) The utility line is placed within a state-assumed water, and it runs parallel to or along a stream bed that is within that area of state-assumed waters.

(d) Activities that result in the loss of greater than 1/10-acre of state-assumed waters.

(e) The activity is within forested wetlands.

(f) Permanent access roads are constructed above grade in state-assumed waters for a distance of more than 500 feet.

(g) Permanent access roads are constructed in state-assumed waters with impervious materials.

(h) The project is in the following rivers, creeks, and their tributaries:

1. Escambia River

2. Yellow River

3. Shoal River

4. Choctawhatchee River

5. Chipola River

6. Apalachicola River

7. Ochlockonee River

8. Santa Fe River

9. New River (Bradford and Union County line)

10. Econfina Creek.

(4) For utility line activities crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of general permit authorization.

(5) For activities that require notice of intent to use this general permit, the notice must include any other general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require a general permit authorization but do not require submittal of a notice of intent.

(6) The agency shall require mitigation, when necessary, to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.216 General Permit for Bank Stabilization

(1) This general permit authorizes the following activities:

(a) Bank stabilization activities necessary for erosion control or prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment, gabion baskets, stream barbs, and bulkheads, or combinations of bank stabilization techniques, provided the activity meets all of the following criteria:

1. No material is placed in excess of the minimum needed for erosion protection;

2. The activity is no more than 500 feet in length along the bank, unless the Agency waives this criterion by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects (an exception is for bulkheads ‒ the Agency cannot issue a waiver for a bulkhead that is greater than 1,000 feet in length along the bank);

3. The activity will not exceed an average of one cubic yard per running foot, as measured along the length of the treated bank, below the plane of the mean or ordinary high water line, unless the Agency waives this criterion by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects;

4. The activity does not involve dredging or filling into special aquatic sites, unless the Agency waives this criterion by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects;

5. No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any state-assumed water;

6. No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored native trees and treetops may be used in low energy areas);

7. Native plants appropriate for current site conditions, including salinity, must be used for bioengineering or vegetative bank stabilization;

8. The activity is not a stream channelization activity; and

9. The activity must be properly maintained, which may require repairing it after severe storms or erosion events.

(b) Maintenance and repair of the bank stabilization activities if they require authorization.

(c) Temporary structures, fills, and work, including the use of temporary mats, necessary to construct the bank stabilization activity.

1. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and fill [including cofferdams] are necessary for construction activities, access fills, or dewatering of construction sites.

2. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows or stormwater.

3. After construction, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.

4. The areas affected by temporary fills must be revegetated.

(2) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity if the bank stabilization activity:

(a) Involves dredging or filling into special aquatic sites;

(b) Is in excess of 500 feet in length;

(c) Will involve filling greater than an average of one cubic yard per running foot as measured along the length of the treated bank, below the plane of the mean or ordinary high water line;

or

(d) The project is in the following rivers, creeks, and their tributaries:

1. Escambia River

2. Yellow River

3. Shoal River

4. Choctawhatchee River

5. Chipola River

6. Apalachicola River

7. Ochlockonee River

8. Santa Fe River

9. New River (Bradford and Union County line)

10. Econfina Creek.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.217 General Permit for Linear Transportation Projects

(1) This general permit authorizes the following activities:

(a) Activities required for crossings of state-assumed waters associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in state-assumed waters.

1. The activity cannot cause the loss of greater than 1/2-acre of state-assumed waters.

2. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project.

(b) Temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project.

1. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and fill, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites.

2. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows.

3. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.

4. The areas affected by temporary fills must be revegetated.

(2) This general permit does not authorize:

(a) Non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars.

(b) Activities within the Belle Meade South area bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.

(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.

(d) Activities within Golden Gate Estates, that together with other activities exceed 0.5 acres of dredging or filling within Golden Gate Estates north of Alligator Alley in Collier County.

(3) The permittee must submit a notice of intent to use this general permit to the agency prior to commencing the activity if:

(a) The loss of state-assumed waters exceeds 1/10-acre.

(b) There is dredging or filling in a special aquatic site, including wetlands.

(c) The project is in the following rivers, creeks, and their tributaries.

1. Escambia River

2. Yellow River

3. Shoal River

4. Choctawhatchee River

5. Chipola River

6. Apalachicola River

7. Ochlockonee River

8. Santa Fe River

9. New River (Bradford and Union County line)

10. Econfina Creek.

(4) For activities that require notice of intent to use this general permit, the notice must include any other general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require authorization but do not require submittal of a notice of intent.

(5) For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of the general permit authorization.

(6) The Agency shall require mitigation, when necessary, to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.218 General Permit for Return Water from Upland Contained Disposal Areas

(1) This general permit authorizes return water from an upland contained dredged material disposal area, when:

(a) The return water will not adversely affect the quality of receiving waters such that the state water quality standards set forth in Chapters 62-4, 62-302, 62-520, and 62-550, F.A.C., including the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C., will be violated;

(b) The return water is not part of an activity that requires an individual permit (if so, return water will be addressed within the individual permit).

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.219 General Permit for Hydropower Projects

(1) This general permit authorizes dredging or filling associated with hydropower projects having:

(a) Less than 5000 kW of total generating capacity at existing reservoirs, where the project, including the fill, is licensed by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act of 1920; or

(b) A licensing exemption granted by the FERC pursuant to section 408 of the Energy Security Act of 1980 (16 U.S.C. §§2705 and 2708) and section 30 of the Federal Power Act.

(2) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.220 General Permit for Minor Activities

(1) This general permit authorizes minor dredge or fill activities in state-assumed waters, provided the activity meets all of the following criteria:

(a) The quantity of fill and the volume of material excavated do not exceed 25 cubic yards below the plane of the mean or ordinary high water line;

(b) The activity will not cause the loss of more than 1⁄10-acre of state-assumed waters; and

(c) The activity is not conducted for the purpose of a stream diversion.

(2) This general permit does not authorize projects that capture and store water, such as Dispersed Water Management Projects (DWMP).

(3) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity if:

(a) The fill or the volume of material excavated exceeds 10 cubic yards below the plane of the mean or ordinary high water line;

(b) The activity is in a special aquatic site, including wetlands;

or

(c) The project is in the following rivers, creeks, and their tributaries:

1. Escambia River

2. Yellow River

3. Shoal River

4. Choctawhatchee River

5. Chipola River

6. Apalachicola River

7. Ochlockonee River

8. Santa Fe River

9. New River (Bradford and Union County line)

10. Econfina Creek.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.221 General Permit for Response Operations for Oil or Hazardous Substances

(1) This general permit authorizes:

(a) Activities conducted in response to a spill or release of oil or hazardous substances that are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR Part 300 as of July 1, 2019, incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-12043)), including containment, cleanup, and mitigation efforts, provided that the activities are done under either:

1. The Spill Control and Countermeasure Plan required by 40 CFR §112.3 as of July 1, 2019, incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-12044));

2. The direction or oversight of the federal on-scene coordinator designated by 40 CFR Part 300; or

3. Any approved existing state, regional or local contingency plan provided that the Regional Response Team (if one exists in the area) concurs with the proposed response efforts.

(b) Activities required for the cleanup of oil releases in state-assumed waters from electrical equipment that are governed by EPA’s polychlorinated biphenyl spill response regulations at 40 CFR Part 761 as of July 1, 2019, incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-12045)).

(c) The use of temporary structures and fills in state-assumed waters for spill response training exercises.

(2) Use of this general permit is subject to the following conditions:

(a) Activities shall be conducted in conformance with the National Response Team Integrated Contingency Plan Guidance (June 5, 1996), incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-12046);

(b) Activities shall be conducted in conformance with any applicable emergency order for oil spill or hazardous waste control, clean-up, and recovery/restoration issued by the Department.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.222 General Permit for Removal of Vessels

(1) This general permit authorizes temporary structures or minor dredging or filling required for the removal of wrecked, abandoned, or disabled vessels.

(2) This general permit does not authorize maintenance dredging, shoal removal, or riverbank snagging.

(3) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity if:

(a) The activity is conducted in a special aquatic site, including wetlands;

or

(b) The vessel is listed or eligible for listing in the National Register of Historic Places. If this condition is triggered, the permittee cannot commence the activity until informed by the Agency that compliance with the “Historic Properties” general condition is completed.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.223 General Permit for Approved Categorical Exclusions

(1) This general permit authorizes activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by a federal agency or department, where:

(a) That agency or department has determined, pursuant to the Council on Environmental Quality’s implementing regulations for the National Environmental Policy Act, that the activity is categorically excluded from the requirement to prepare an environmental impact statement or environmental assessment analysis, because it is included within a category of actions which neither individually nor cumulatively have a significant effect on the human environment; and

(b) The Office of the Chief of Engineers (Corps) has concurred that the activity is categorically excluded. The list of activity types for which the Office of the Chief of Engineers has concurred categorical exclusion can be found in the current Corps’ Regulatory Guidance Letter (RGL) regarding categorical exclusions. Current RGLs can be found online in the Corps’ Jacksonville District Regulatory Division Sourcebook.

(2) Use of this general permit is subject to any specific conditions required by the Agency or listed in the current RGL by the Office of the Chief of Engineers.

(3) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity if the current RGL regarding categorical exclusions require submittal of a pre-construction notice for the activity;

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.224 General Permit for Structural Activities

(1) This general permit authorizes the placement of fill material such as concrete, sand, rock, etc., into tightly sealed forms or cells where the material will be used as a structural member for standard pile supported structures, such as bridges, transmission line footings, and walkways, including the excavation of bottom material from within the form prior to the placement of concrete, sand, rock, etc.

(2) This general permit does not authorize filled structural members that would support buildings, building pads, homes, house pads, parking areas, storage areas and other such structures.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.225 General Permit for Aquatic Habitat Restoration, Enhancement, and Creation Activities

(1) This general permit authorizes the following activities:

(a) Activities in state-assumed waters associated with the restoration, enhancement, and creation of non-tidal wetlands and riparian areas, the restoration and enhancement of streams and other open waters, provided those activities result in net increases in aquatic resource functions and services. To the extent that an activity requires a Section 404 permit, the activities authorized by this general permit, include, but are not limited to:

1. The removal of accumulated sediments;

2. The installation, removal, and maintenance of small water control structures, dikes, and berms, as well as dredging or filling to restore appropriate stream channel configurations after small water control structures, dikes, and berms, are removed;

3. The installation of current deflectors;

4. The enhancement, rehabilitation, or re-establishment of riffle and pool stream structure;

5. The placement of in-stream habitat structures;

6. Modifications of the stream bed and/or banks to enhance, rehabilitate, or re-establish stream meanders;

7. The removal of stream barriers, such as undersized culverts, fords, and grade control structures;

8. The backfilling of artificial channels;

9. The removal of existing drainage structures, such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology;

10. The installation of structures or fills necessary to restore or enhance wetland or stream hydrology;

11. The construction of open water areas;

12. Activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species;

13. Re-establishment of submerged aquatic vegetation in areas where those plant communities previously existed;

14. Mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation;

15. Other related activities.

(b) Relocation of waters, including wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services.

(2) This general permit does not authorize:

(a) The conversion of a stream or natural wetlands to another aquatic habitat type (e.g., the conversion of a stream to wetland or vice versa) or uplands, except for the relocation of waters on the project site. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic habitat type.

(b) Stream channelization.

(c) Lake restoration projects proposing any type of in-lake disposal of dredged or fill material.

(3) Authorized activities are subject to the following conditions:

(a) The aquatic habitat restoration, enhancement, or creation activity must be planned, designed, and implemented so that it results in aquatic habitat that resembles an ecological reference. An ecological reference may be based on the characteristics of an intact aquatic habitat or riparian area of the same type that exists in the region, or it may be based on a conceptual model developed from regional ecological knowledge of the target aquatic habitat type or riparian area.

(b) Only native plant species shall be planted at the site.

(c) Reporting. For those activities that do not require submittal of a notice of intent, the permittee must submit a report the to the Agency at least 30 days prior to commencing activities in state-assumed waters authorized by this general permit. The report shall include:

1. Information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats; and

2. A copy of:

a. The binding stream enhancement or restoration agreement or wetland enhancement, restoration, or creation agreement, or a project description, including project plans and location map;

b. The Natural Resources Conservation (NRCS) or U.S. Department of Agriculture (USDA) Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or creation action; or

c. The Surface Mining Control and Reclamation Act permit issued by Office of Surface Mining Reclamation and Enforcement or the applicable state agency.

(4) Compensatory mitigation is not required for activities authorized by this general permit since these activities must result in net increases in aquatic resource functions and services.

(5) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing any activity, except for the following activities:

(a) Activities conducted on non-Federal public lands and private lands, in accordance with the terms and conditions of a binding stream enhancement or restoration agreement or wetland enhancement, restoration, or creation agreement between the landowner and the U.S. Fish and Wildlife Service (FWS), NRCS, the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), the U.S. Forest Service (USFS), or their designated state cooperating agencies; or

(b) Voluntary stream or wetland restoration or enhancement action, or wetland creation action, documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards.

(6) This general permit can be used to authorize compensatory mitigation projects, including mitigation banks and in-lieu fee projects.

(7) If a site is to be reverted back to its documented prior condition, when the reversion will be conducted as described in paragraphs (a) through (c), below, the agreement or general permit shall contain language specifically stating the intent to revert at a later date. The reversion activities will require authorization through the use of the general permit in Rule 62-331.226, F.A.C., or a State 404 Program individual permit for activities associated with reversion but outside of the scope of the original permit.

(a) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland creation agreement, between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS, or their designated state cooperating agencies; or

(b) As a component of voluntary wetland restoration, enhancement, and creation actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards.

(c) In state-assumed waters for reversion of wetlands that were restored, enhanced, or established on prior-converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or state agencies (even though the restoration, enhancement, or creation activity did not require a Section 404 permit).

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.226 General Permit for Specific Reversion Activities

(1) This general permit authorizes dredging or filling associated with the reversion of an area permitted under Corps Nationwide Permit 27, the general permit under Rule 62-331.225, F.A.C., or any other applicable ERP or Section 404 permit that specifically references reversion, to its documented prior condition when the reversion is conducted:

(a) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland creation agreement, between the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (NRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), U.S. Forest Service (USFS), or a state agency; or

(b) As a component of voluntary wetland restoration, enhancement, and creation actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards.

(c) In state-assumed waters for reversion of wetlands that were restored, enhanced, or established on prior-converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or state agencies (even though the restoration, enhancement, or creation activity did not require a Section 404 permit).

(2) This general permit does not authorize reversion of an area used for a compensatory mitigation project to its prior condition, since compensatory mitigation is generally intended to be permanent.

(3) Authorized activities are subject to the following conditions:

(a) The reversion activity has been evaluated by FWS under Section 7 or Section 10 consultation, and a Section 7 incidental take statement or Section 10 incidental take permit has been issued for the activity, if required. If Section 7 or Section 10 consultation for the reversion activities was completed for the original permit or agreement, specifically addresses the reversion, and there are no unexpected site conditions that had not previously been addressed, then a new consultation shall not be required.

(b) The prior condition and the option for reversion shall be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the federal agency or appropriate state agency executing the agreement or permit in which the reversion was identified.

(c) The reversion must be completed within five years after expiration of a limited term stream or wetland enhancement or restoration agreement, or a wetland creation agreement or permit.

(d) Reporting. The permittee must submit a report the to the Agency at least 30 days prior to commencing activities in state-assumed waters authorized by this general permit. The report shall include:

1. Information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats; and

2. A copy of:

a. The binding stream enhancement or restoration agreement or wetland enhancement, restoration, or creation agreement, or a project description, including project plans and location map;

b. The NRCS or USDA Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or creation action;

c. The SMCRA permit issued by OSMRE or the applicable state agency;

d. The FWS biological assessment, including any applicable incidental take statement or permit.

(e) Once an area has been reverted to its prior physical condition, it will be subject to any regulatory requirements applicable to that type of land at the time.

(4) Notwithstanding the provisions of paragraphs 62-331.200(3)(c) through (j), F.A.C., notice of intent to use this general permit, other than submittal of the information in paragraph (3)(d), above, is not required for activities authorized under this general permit.

(5) Compensatory mitigation is not required for activities authorized by this general permit.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.227 General Permit for Residential Developments

(1) This general permit authorizes the following activities:

(a) Dredge or fill activities in state-assumed waters for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision.

(b) The construction of building foundations and building pads and attendant features that are necessary for the use of the residence or residential development. Attendant features may include but are not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development).

(2) The activity is subject to the following conditions:

(a) The activity must not cause the loss of greater than 1⁄2-acre of state-assumed waters.

(b) The activity must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the Agency waives the 300 linear foot limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects.

(c) The loss of stream bed plus any other losses of state-assumed waters caused by the activity cannot exceed 1⁄2-acre.

(d) For residential subdivisions, the aggregate total loss of state-assumed surface waters authorized by this general permit cannot exceed 1⁄2-acre. This includes any loss of state-assumed waters associated with development of individual subdivision lots.

(3) This general permit does not authorize:

(a) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters.

(b) Activities in Golden Gate Estates, south of Alligator Alley in Collier County.

(c) Activities in the Belle Meade South area bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.

(d) Activities in the Florida panther consultation area (south of the Caloosahatchee River) as defined in the Florida panther effect determination key, incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-12047), and also available at https://www.fws.gov/verobeach/MammalsPDFs/20070219LetterSFESOtoCOEPantherKey.pdf.

(4) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.228 General Permit for Moist Soil Management for Wildlife

(1) This general permit authorizes the following activities dredging or filling in state-assumed waters and maintenance activities that are associated with moist soil management for wildlife for the purpose of continuing ongoing, site specific, wildlife management activities where soil manipulation is used to manage habitat and feeding areas for wildlife. Such activities include but are not limited to: plowing or discing to impede succession, preparing seed beds, or establishing fire breaks. Sufficient riparian areas must be maintained adjacent to all open water bodies, including streams, to preclude water quality degradation due to erosion and sedimentation.

(2) This general permit does not authorize:

(a) Construction of new dikes, roads, water control structures, or similar features associated with the management areas.

(b) The conversion of wetlands to uplands, impoundments, or other open water bodies.

(3) Activities authorized under this general permit must not result in a net loss of aquatic resource functions and services.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.229 General Permit for Maintenance of Existing Flood Control Facilities

(1) This general permit authorizes the following activities:

(a) Dredging or filling resulting from activities associated with the maintenance of existing flood control facilities, including debris basins, retention/detention basins, levees, and channels that:

1. Were previously authorized by a Section 404 individual permit, general permit, or 33 CFR §330.3, incorporated by reference in paragraph 62-331.210(1)(a), F.A.C., or did not require a permit at the time they were constructed; or

2. Were constructed by the Corps and transferred to a non-Federal sponsor for operation and maintenance.

(b) Dredging or filling associated with maintenance activities in flood control facilities in any watercourse that have previously been determined to be within the maintenance baseline. The maintenance baseline is a description of the physical characteristics (e.g., depth, width, length, location, configuration, or design flood capacity, etc.) of a flood control project within which maintenance activities are normally authorized by this general permit, subject to any case-specific conditions required by the Agency. The Agency will approve the maintenance baseline based on the approved or constructed capacity of the flood control facility, whichever is smaller, including any areas where there are no constructed channels but which are part of the facility. The prospective permittee will provide documentation of the physical characteristics of the flood control facility (which will normally consist of as-built or approved drawings) and documentation of the approved and constructed design capacities of the flood control facility. If no evidence of the constructed capacity exists, the approved capacity will be used. The documentation will also include best management practices to ensure that the adverse environmental impacts caused by the maintenance activities are no more than minimal, especially in maintenance areas where there are no constructed channels. (The Agency may request maintenance records in areas where there has not been recent maintenance.) Revocation or modification of the final determination of the maintenance baseline can only be done in accordance with Rule 62-331.080, F.A.C. Except in emergencies as described below, this general permit cannot be used until the Agency approves the maintenance baseline and determines the need for mitigation and any regional or activity-specific conditions. Once determined, the maintenance baseline will remain valid for any subsequent reissuance of this general permit.

(c) The removal of vegetation from levees associated with the flood control project.

(2) Activities authorized by this general permit are limited to those resulting from maintenance activities that are conducted within the “maintenance baseline”, as described above.

(3) This general permit does not authorize:

(a) The removal of sediment and associated vegetation from natural water courses except when these activities have been included in the maintenance baseline.

(b) Maintenance of a flood control facility that has been abandoned.

1. A flood control facility will be considered abandoned if it has been operating at a significantly reduced capacity or is nonfunctional because routine maintenance was not being accomplished for an extended period of time.

2. A flood control facility will not be considered abandoned if the prospective permittee is in the process of obtaining other authorizations or approvals required for maintenance activities and is experiencing delays in obtaining those authorizations or approvals.

(4) The activities must meet the following conditions:

(a) All dredged and excavated material must be deposited and retained in an area that has no state-assumed waters unless otherwise specifically approved by the Agency under separate State 404 permit authorization.

(b) Proper sediment controls must be used.

(5) The Agency will determine any required mitigation one-time only for impacts associated with maintenance work at the same time that the maintenance baseline is approved.

(a) Such one-time mitigation will be required when necessary to ensure that adverse environmental effects are no more than minimal, both individually and cumulatively.

(b) Such mitigation will only be required once for any specific reach of a flood control project. However, if one-time mitigation is required for impacts associated with maintenance activities, the Agency will not delay needed maintenance, provided the Agency and the permittee establish a schedule for identification, approval, development, construction and completion of any such required mitigation.

(c) Once the one-time mitigation described above has been completed, or a determination made that mitigation is not required, no further mitigation will be required for maintenance activities within the maintenance baseline.

(d) In determining appropriate mitigation, the Agency will give special consideration to natural water courses that have been included in the maintenance baseline and require mitigation and/or best management practices as appropriate.

(e) If mitigation was previously required and completed for the specific reach of the flood control project, additional mitigation for that specific reach will not be required.

(6) In emergency situations, this general permit may be used to authorize maintenance activities in flood control facilities for which no maintenance baseline has been approved.

(a) Emergency situations are those which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if action is not taken before a maintenance baseline can be approved.

(b) In such situations, the determination of mitigation requirements, if any, may be deferred until the emergency has been resolved.

(c) Once the emergency has ended, a maintenance baseline must be established expeditiously, and mitigation, including mitigation for maintenance conducted during the emergency, must be required as appropriate.

(d) The permittee must submit notice of intent to use this general permit to the Agency before any maintenance work is conducted.

1. The notice of intent to use this general permit may be for activity-specific maintenance or for maintenance of the entire flood control facility by submitting a five-year (or less) maintenance plan.

2. The notice of intent to use this general permit must include a description of the maintenance baseline and the disposal site for dredged or excavated material.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.230 General Permit for Completed Federal Enforcement Actions

(1) This general permit authorizes any structure, work, or activity remaining in place or undertaken for mitigation, restoration, or environmental benefit in compliance with either:

(a) The terms of a final written Corps non-judicial settlement agreement resolving a violation of Section 404 of the Clean Water Act; or the terms of an EPA 309(a) order on consent resolving a violation of section 404 of the Clean Water Act, provided that:

1. The activities authorized by this general permit cannot adversely affect more than five acres of state-assumed waters;

2. The settlement agreement provides for environmental benefits, to an equal or greater degree, than the environmental detriments caused by the unauthorized activity that this general permit is authorizing; and

3. The Agency issues a verification letter authorizing the activity subject to the terms and conditions of this general permit and the settlement agreement, including a specified completion date; or

(b) The terms of a final federal court decision decree, or settlement agreement resulting from an enforcement action brought by the United States under section 404 of the Clean Water Act; or

(c) The terms of a final court decision, consent decree, settlement agreement, or non-judicial settlement agreement resulting from a natural resource damage claim brought by a trustee or trustees for natural resources (as defined by the National Contingency Plan at 40 CFR, part 300, subpart G, incorporated by reference in paragraph 62-331.221(1)(a), F.A.C., under Section 311 of the Clean Water Act, Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act, Section 312 of the National Marine Sanctuaries Act, section 1002 of the Oil Pollution Act of 1990, or the Park System Resource Protection Act at 16 U.S.C. 19jj, to the extent that a State 404 program permit is required.

(2) Compliance is a condition of this general permit itself. Non-compliance of the terms and conditions of an authorization under this general permit may result in an additional federal and state enforcement action. Any authorization under this general permit is automatically revoked if the permittee does not comply with the terms of this general permit or the terms of the court decision, consent decree, or judicial/non-judicial settlement agreement.

(3) This general permit does not authorize any activities occurring after the date of the decision, decree, or agreement that are not for the purpose of mitigation, restoration, or environmental benefit.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.231 General Permit for Temporary Construction, Access, and Dewatering

(1) This general permit authorizes the following activities:

(a) Temporary structures, work, dredging, and filling, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites, provided that the associated primary activity is authorized by the Agency.

(b) Temporary structures, work, dredging, and filling, including cofferdams, necessary for construction activities not otherwise subject to permit requirements.

(2) The activities authorized by this general permit must meet the following conditions:

(a) Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding.

(b) Fill must consist of materials, and be placed in a manner, that will not be eroded by expected high flows or stormwater. The use of dredged material may be allowed if the Agency determines that it will not cause more than minimal adverse environmental effects.

(c) Following completion of construction, temporary fill must be entirely removed to an area that has no state-assumed waters, dredged material must be returned to its original location, and the affected areas must be restored to pre-construction elevations.

(d) The affected areas must be revegetated.

(3) This general permit does not authorize the use of cofferdams to dewater wetlands or other aquatic areas to change their use.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.233 General Permit for Boat Ramps

(1) This general permit authorizes the following activities required for the construction of boat ramps, provided the activity meets all of the following criteria:

(a) Fill in state-assumed waters does not exceed 50 cubic yards of concrete, rock, crushed stone or gravel into forms, or in the form of pre-cast concrete planks or slabs, unless the Agency waives the 50 cubic yard limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects;

(b) The boat ramp does not exceed 20 feet in width, unless the Agency waives this criterion by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects;

(c) The base material is crushed stone, gravel, or other suitable material;

(d) The excavation is limited to the area necessary for site preparation and all excavated material is removed to an area that has no state-assumed waters; and

(e) No material is placed in special aquatic sites, including wetlands.

(2) This general permit does not authorize:

(a) The use of unsuitable material that is structurally unstable.

(b) Dredging in navigable waters. This general permit shall not be used in areas without existing access to navigation channels where the minimum water depth for ingress or egress from the navigation channels is less than -3 feet at mean or ordinary low water.

(3) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity if:

(a) Fill to be placed in state-assumed waters exceeds 50 cubic yards.

(b) The boat ramp exceeds 20 feet in width.

(c) The project is in the following rivers, creeks, and their tributaries.

1. Escambia River

2. Yellow River

3. Shoal River

4. Choctawhatchee River

5. Chipola River

6. Apalachicola River

7. Ochlockonee River

8. Santa Fe River

9. New River (Bradford and Union County line)

10. Econfina Creek.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.234 General Permit for Emergency Watershed Protection and Rehabilitation

(1) This general permit authorizes work done by or funded by:

(a) The Natural Resources Conservation Service for a situation requiring immediate action under its emergency Watershed Protection Program (7 CFR Part 624 (Jan. 1, 2019));

(b) The U.S. Forest Service under its Burned-Area Emergency Rehabilitation Handbook (FSH 2509.13 (Jan. 12, 1995));

(c) The Department of the Interior for wildland fire management burned area emergency stabilization and rehabilitation (DOI Manual part 620, Ch. 3 (Jan. 18, 2017));

(d) The Office of Surface Mining, Reclamation and Enforcement, or states with approved programs, for abandoned mine land reclamation activities under Title IV of the Surface Mining Control and Reclamation Act or 30 CFR subchapter R (July 1, 2019); or

(e) The Farm Service Agency under its Emergency Conservation Program (7 CFR Part 701 (Jan. 1, 2019)).

(2) In general, the prospective permittee shall wait until the Agency issues a general permit verification or 45 calendar days have passed before proceeding with the watershed protection and rehabilitation activity. However, in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur, the emergency watershed protection and rehabilitation activity may proceed immediately, and the Agency will consider the information in the notice of intent to use this general permit and any comments received as a result of agency coordination to decide whether the general permit authorization should be modified, suspended, or revoked.

(3) Except in cases where delay would cause an unacceptable hazard to life or a significant loss of property or economic hardship will occur, the permittee must submit a notice of intent to the Agency prior to commencing the activity.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.235 General Permit for Cleanup of Hazardous and Toxic Waste

(1) This general permit authorizes the following activities:

(a) Specific activities required to affect the containment, stabilization, or removal of hazardous or toxic waste materials that are performed, ordered, or sponsored by a government agency with established legal or regulatory authority.

(b) Court ordered remedial action plans or related settlements.

(2) This general permit does not authorize the establishment of new disposal sites or the expansion of existing sites used for the disposal of hazardous or toxic waste.

(3) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.236 General Permit for Commercial and Institutional Developments

(1) This general permit authorizes dredging or filling in state-assumed waters for the construction or expansion of commercial and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures.

(a) Attendant features may include, but are not limited to, roads, parking lots, garages, yards, utility lines, storm water management facilities, wastewater treatment facilities, and recreation facilities such as playgrounds and playing fields.

(b) Examples of commercial developments include retail stores, industrial facilities, restaurants, business parks, and shopping centers.

(c) Examples of institutional developments include schools, fire stations, government office buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship.

(2) This general permit does not authorize:

(a) The construction of new golf courses and new ski areas.

(b) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters.

(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.

(d) Activities within the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.

(e) Activities in the Florida panther consultation area (south of the Caloosahatchee River) as defined in the Florida panther effect determination key, incorporated by reference in paragraph 62-331.227(3)(d), F.A.C., and also available at https://www.fws.gov/verobeach/MammalsPDFs/20070219LetterSFESOtoCOEPantherKey.pdf.

(3) This general permit is subject to the following conditions:

(a) The activity must not cause the loss of greater than 1/2-acre of state-assumed waters.

(b) The activity must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the Agency waives the 300 linear foot limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects.

(c) The loss of stream bed plus any other losses of state-assumed waters caused by the general permit activity cannot exceed 1⁄2-acre.

(4) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity.

(5) For any activity that involves the construction of a wind energy generating structure, solar tower, or overhead transmission line, a copy of the Notice and general permit verification will be provided to the Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.237 General Permit for Agricultural Activities

(1) This general permit authorizes the following activities:

(a) Dredging and filling in state-assumed waters for agricultural activities, including the construction of building pads for farm buildings. Authorized activities include the installation, placement, or construction of drainage tiles, ditches, or levees; mechanized land clearing; land leveling; the relocation of existing serviceable drainage ditches constructed in state-assumed waters; and similar activities.

(b) Construction of farm ponds in state-assumed waters, excluding perennial streams, provided the farm pond is used solely for agricultural purposes.

(c) Dredging or filling in state-assumed waters to relocate existing serviceable drainage ditches constructed in streams.

(2) This general permit does not authorize:

(a) Construction of aquaculture ponds.

(b) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters.

(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.

(d) Activities within the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.

(e) Projects that capture and store water, such as Dispersed Water Management Projects (DWMP).

(3) The activities authorized by this general permit are subject to the following conditions:

(a) The activity must not cause the loss of greater than 1⁄2-acre of state-assumed waters.

(b) The activity must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the Agency waives the 300 linear foot limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects.

(c) The loss of stream bed plus any other losses of state-assumed waters caused by the activity cannot exceed 1⁄2-acre.

(4) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.238 General Permit for Reshaping Existing Drainage Ditches

(1) This general permit authorizes dredging or filling in state-assumed waters, excluding non-tidal wetlands adjacent to tidal retained waters, to modify the cross-sectional configuration of currently serviceable drainage ditches constructed in state-assumed waters, for the purpose of improving water quality by regrading the drainage ditch with gentler slopes, which can reduce erosion, increase growth of vegetation, and increase uptake of nutrients and other substances by vegetation.

(2) The reshaping of the ditch cannot:

(a) Increase drainage capacity beyond the original as-built capacity;

(b) Expand the area drained by the ditch as originally constructed;

(c) Change the rate or volume of water discharged from the site from original design capacity conditions.

(d) Cause erosion or sedimentation, or violate state water quality standards.

(3) Compensatory mitigation is not required because the work is designed to improve water quality.

(4) This general permit does not authorize:

(a) Relocation of drainage ditches constructed in state-assumed waters; the location of the centerline of the reshaped drainage ditch must be approximately the same as the location of the centerline of the original drainage ditch.

(b) Stream channelization or stream relocation projects.

(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.

(d) Activities within the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.

(e) Projects that capture and store water, such as Dispersed Water Management Projects (DWMP).

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.239 General Permit for Recreational Facilities

(1) This general permit authorizes the following activities:

(a) Dredging or filling in state-assumed waters for the construction or expansion of recreational facilities. Examples of recreational facilities that may be authorized by this general permit include playing fields (e.g., football fields, baseball fields), basketball courts, tennis courts, hiking trails, bike paths, golf courses, ski areas, horse paths, nature centers, and campgrounds (excluding recreational vehicle parks).

(b) Construction or expansion of small support facilities, such as maintenance and storage buildings and stables that are directly related to the recreational activity,

(2) This general permit does not authorize:

(a) Construction of hotels, restaurants, racetracks, stadiums, arenas, or similar facilities.

(b) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters.

(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.

(d) Activities within the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.

(3) The activities are subject to the following conditions:

(a) The activity must not cause the loss of greater than 1⁄2-acre of state-assumed waters.

(b) The activity must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the Agency waives the 300 linear foot limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects.

(c) The loss of stream bed plus any other losses of state-assumed waters caused by the activity cannot exceed 1⁄2-acre.

(4) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.240 General Permit for Stormwater Management Facilities

(1) This general permit authorizes the following activities:

(a) Dredging or filling in state-assumed waters for the construction of stormwater management facilities, including stormwater detention basins and retention basins and other stormwater management facilities;

(b) The construction of water control structures, outfall structures and emergency spillways;

(c) The construction of low impact development integrated management features such as bioretention facilities (e.g., rain gardens), vegetated filter strips, grassed swales, and infiltration trenches; and the construction of pollutant reduction green infrastructure features designed to reduce inputs of sediments, nutrients, and other pollutants into waters to meet reduction targets established under Total Daily Maximum Loads set under the Clean Water Act.

(d) To the extent that a Section 404 permit is required, dredging or filling in state-assumed waters for the maintenance of stormwater management facilities, low impact development integrated management features, and pollutant reduction green infrastructure features.

(2) This general permit does not authorize:

(a) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters.

(b) Dredging or filling for the construction of new stormwater management facilities in perennial streams.

(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.

(d) Activities within the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.

(3) The authorized activities are subject to the following conditions:

(a) The activity must not cause the loss of greater than 1⁄2-acre of state-assumed waters.

(b) The activity must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the Agency waives the 300 linear foot limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects.

(c) The loss of stream bed plus any other losses of state-assumed waters caused by the activity cannot exceed 1⁄2-acre.

(4) A notice of intent to use this general permit shall be submitted to the Agency for:

(a) Dredging or filling in state-assumed waters for the construction of new stormwater management facilities or pollutant reduction green infrastructure features,

(b) Expansion of existing stormwater management facilities or pollutant reduction green infrastructure features,

(c) Activities in wetlands adjacent to Deer Lake and its tributaries, Bay County.

(d) Maintenance activities do not require notice of intent if they are limited to restoring the original design capacities of the stormwater management facility or pollutant reduction green infrastructure feature.

(5) Projects adjacent to Tribal lands shall not be authorized without prior written approval from the respective Tribal entity.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.241 General Permit for Mining Activities

(1) This general permit authorizes dredging or filling in state-assumed waters for mining activities, provided the activity meets all of the following criteria:

(a) For mining activities involving dredging or filling in wetlands, the activity must not cause the loss of greater than 1⁄2-acre of wetlands;

(b) For mining activities involving dredging or filling in open waters (e.g., streams, lakes, and ponds) the mined area, including permanent and temporary impacts due to dredging or filling in state-assumed waters, must not exceed 1⁄2-acre; and

(c) The acreage loss under subparagraph (1)(a)1. plus, the acreage impact under subparagraph (1)(a)2. does not exceed 1⁄2-acre.

(2) This general permit does not authorize:

(a) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters.

(b) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.

(c) Activities in the Belle Meade North bounded by I-75 to the south, Golden Gate Canal to the west, and Miller Canal to the east, and Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County, Florida.

(d) Activities within the Corkscrew Marsh Basin, south of S.R. 82, east of I-75 in Collier and Lee Counties.

(3) The authorized activities are subject to the following conditions:

(a) The activity must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the Agency waives the 300 linear foot limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects.

(b) The loss of stream bed plus any other losses of state-assumed waters caused by the activity cannot exceed 1⁄2-acre.

(4) A notice of intent to use this general permit is required if reclamation is required by other laws. A copy of the final reclamation plan must be submitted with the notice of intent.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.242 General Permit for Repair of Uplands Damaged by Discreet Events

(1) This general permit authorizes the following activities:

(a) Dredging or filling in state-assumed waters for activities associated with the restoration of upland areas damaged by storms, floods, or other discrete events.

(b) Bank stabilization to protect the restored uplands.

(2) This general permit does not authorize:

(a) Beach restoration or nourishment.

(b) Reclamation of lands lost to normal erosion processes over an extended period

(3) The authorized activities are subject to the following conditions:

(a) The restoration of the damaged areas, including any bank stabilization, must not exceed the contours, or the mean or ordinary high water line, that existed before the damage occurred.

(b) The work must commence, or be under contract to commence, within two years of the date of damage, unless this condition is waived in writing by the Agency.

(c) Dredging is limited to the amount necessary to restore the damaged upland area and shall not significantly alter the pre-existing bottom contours of the waterbody.

(4) The Agency shall determine the extent of the pre-existing conditions using best available evidence and shall limit the extent of any restoration work authorized by this general permit to pre-existing conditions that were legally in existence prior to the discreet event.

(5) The permittee must submit a notice of intent to use this general permit to the Agency within 12 months of the date of the damage; for major storms, floods, or other discrete events, the Agency may waive the 12-month limit for submitting a notice of intent if the permittee can demonstrate funding, contract, or other similar delays. The notice of intent must include the following:

(a) Documentation, such as a recent topographic survey or photographs, to justify the extent of the proposed restoration; and

(b) A sediment and erosion control plan.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.243 General Permit for Activities in Ditches

(1) This general permit authorizes activities in ditches that:

(a) Are constructed in uplands,

(b) Receive water from an area determined to be a water of the United States prior to the construction of the ditch,

(c) Divert water to an area determined to be a water of the United States prior to the construction of the ditch, and

(d) Are determined to be state-assumed waters.

(2) This general permit does not authorize:

(a) Dredging or filling in ditches constructed in streams or other state-assumed waters, or in streams that have been relocated in uplands.

(b) Activities that increase the capacity of the ditch and drain those areas determined to be state-assumed waters prior to construction of the ditch.

(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.

(d) Activities within the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.

(e) Projects that capture and store water, such as Dispersed Water Management Projects (DWMP).

(3) The authorized activities are subject to the condition that the activity must not cause the loss of greater than one acre of state-assumed waters.

(4) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.244 General Permit for Commercial Shellfish Aquaculture Activities

(1) This general permit authorizes the following activities:

(a) Dredging or filling in state-assumed waters for new and continuing commercial shellfish aquaculture operations in authorized project areas. For the purposes of this general permit, the project area is the area in which the operator is authorized to conduct commercial shellfish aquaculture activities, as identified through a lease or permit issued by an appropriate state or local government agency, a treaty, or any easement, lease, deed, contract, or other legally binding agreement that establishes an enforceable property interest for the operator. A “new commercial shellfish aquaculture operation” is an operation in a project area where commercial shellfish aquaculture activities have not been conducted during the past 100 years.

(b) The installation of buoys, floats, racks, trays, nets, lines, tubes, containers, and other structures into state-assumed waters.

(c) Dredging or filling in state-assumed waters necessary for shellfish seeding, rearing, cultivating, transplanting, and harvesting activities. Rafts and other floating structures must be securely anchored and clearly marked.

(2) This general permit does not authorize:

(a) The cultivation of a nonindigenous species unless that species has been previously cultivated in the waterbody;

(b) The cultivation of an aquatic nuisance species as defined in the Aquatic Nuisance Prevention and Control Act, 16 U.S.C. §§4701 – 4751 (2018), incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-12048);

(c) Attendant features such as docks, piers, boat ramps, stockpiles, or staging areas, or the deposition of shell material back into state-assumed waters as waste;

(d) Activities that directly affect more than 1⁄2-acre of submerged aquatic vegetation beds in project areas that have not been used for commercial shellfish aquaculture activities during the past 100 years;

(e) Placement of materials for Live Rock culture; or

(f) Harvesting of Live Rock.

(3) This general permit is subject to the condition that in order to prevent introduction of aquatic nuisance species, no material that has been taken from a different waterbody may be reused in the current project area, unless it has been treated in accordance with the applicable regional nuisance species management plan.

(4) The permittee must submit a notice of intent to use this general permit to the Agency if:

(a) The activity will include a species that has never been cultivated in the waterbody;

(b) The activity occurs in a project area that has not been used for commercial shellfish aquaculture activities during the past 100 years;

(5) If a notice of intent is required, the permittee must include the following with the notification:

(a) A map showing the boundaries of the project area(s), with latitude and longitude coordinates for each corner of each project area;

(b) The name(s) of the species that will be cultivated during the period this general permit is in effect;

(c) Whether canopy predator nets will be used;

(d) Whether suspended cultivation techniques will be used;

(e) General water depths in the project area(s) (a detailed survey is not required); and

(f) A description of all species and culture activities the operator expects to undertake in the project area or group of contiguous project areas during the effective period of this general permit.

(6) If an operator intends to undertake unanticipated changes to the commercial shellfish aquaculture operation during the effective period of this general permit, and those changes require authorization under this chapter, the operator must contact the Agency to request a modification of the general permit verification; a new notice of intent does not need to be submitted.

(7) No more than one notice of intent per project area or group of contiguous project areas shall be submitted for the commercial shellfish operation during the effective period of this general permit.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.245 General Permit for Land-Based Renewable Energy Generation Facilities

(1) This general permit authorizes dredging or filling in state-assumed waters for the construction, expansion, or modification of land-based renewable energy production facilities, including attendant features.

(a) Such facilities include infrastructure to collect solar (concentrating solar power and photovoltaic), wind, biomass, or geothermal energy.

(b) Attendant features may include, but are not limited to roads, parking lots, and stormwater management facilities within the land-based renewable energy generation facility.

(2) This general permit does not authorize:

(a) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters.

(b) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.

(c) Activities within the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.

(3) The activities are subject to the following conditions:

(a) The activity must not cause the loss of greater than 1⁄2-acre of state-assumed waters.

(b) The activity must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the Agency waives the 300 linear foot limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects.

(c) The loss of stream bed plus any other losses of state-assumed waters caused by the activity cannot exceed 1⁄2-acre.

(d) Projects must comply with the USFWS Land-Based Wind Energy Guidelines, incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-12049), and also available at (https://www.fws.gov/ecological-services/es-library/pdfs/WEG_final.pdf).

(4) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity if the activity results in the loss of greater than 1/10- acre of state-assumed waters.

(5) Utility lines constructed to transfer the energy from the land-based renewable energy generation facility to a distribution system, regional grid, or other facility are generally considered to be linear projects and each separate and distant crossing of a waterbody is eligible for treatment as a separate single and complete linear project. Those utility lines may be authorized by the general permit in Rule 62-331.215, F.A.C.

(6) For any activity that involves the construction of a wind energy generating structure, solar tower, or overhead transmission line, a copy of the notice and general permit verification will be provided to the Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.246 General Permit for Water-Based Renewable Energy Generation Pilot Projects

(1) This general permit authorizes dredging or filling in state-assumed waters for the construction, expansion, modification, or removal of water-based wind, water-based solar, wave energy, or hydrokinetic renewable energy generation pilot projects and their attendant features.

(a) Attendant features may include, but are not limited to, land-based collection and distribution facilities, control facilities, roads, parking lots, and stormwater management facilities.

(b) For the purposes of this general permit, the term “pilot project” means an experimental project where the water-based renewable energy generation units will be monitored to collect information on their performance and environmental effects at the project site.

(2) This general permit is subject to the following conditions:

(a) The activity must not cause the loss of greater than 1⁄2-acre of state-assumed waters, including the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds when the Agency waives the 300 linear foot limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects.

(b) The loss of stream bed plus any other losses of state-assumed waters caused by the general permit activity cannot exceed 1⁄2-acre.

(c) For each single and complete project, no more than 10 generation units (e.g., wind turbines, wave energy devices, or hydrokinetic devices) are authorized.

(d) For floating solar panels, each single and complete project cannot exceed 1⁄2- acre in water surface area covered by the floating solar panels.

(e) Upon completion of the pilot project, the generation units, transmission lines, and other structures or fills associated with the pilot project must be removed to the maximum extent practicable unless they are authorized by a separate authorization under this Chapter. Completion of the pilot project will be identified as the date of expiration of the Federal Energy Regulatory Commission (FERC) license, or the expiration date of the general permit authorization if no FERC license is required.

(3) This general permit is not applicable within Designated Critical Resource Waters or other state and federally managed areas such as marine sanctuaries, Habitat Areas of Particular Concern (HAPC), aquatic preserves, and parks.

(4) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity.

(5) Utility lines constructed to transfer the energy from the land-based collection facility to a distribution system, regional grid, or other facility are generally considered to be linear projects and each separate and distant crossing of a waterbody is eligible for treatment as a separate single and complete linear project. Those utility lines may be authorized by general permit Rule 62-331.215, F.A.C., or another authorization under this chapter.

(6) An activity that is located on an existing locally or federally maintained U.S. Army Corps of Engineers project requires separate approval from the Chief of Engineers or District Engineer under 33 U.S.C. §408. The permittee is responsible for obtaining such approval separately from the Corps.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.247 General Permit for Removal of Low-Head Dams

(1) This general permit authorizes structures, work, dredging, and filling associated with the removal of low-head dams. For the purposes of this general permit, the term “low-head dam” is defined as a dam built across a stream to pass flows from upstream over all, or nearly all, of the width of the dam crest on a continual and uncontrolled basis. During a drought, there might not be water flowing over the dam crest. Low-head dams do not have a separate spillway or spillway gates, but it may have an uncontrolled spillway. The dam crest is the top of the dam from left abutment to right abutment, and if present, an uncontrolled spillway. A low-head dam provides little storage function.

(2) This general permit is subject to the following conditions:

(a) The removed low-head dam structure must be deposited and retained in an upland area, unless otherwise specifically approved by the Agency under separate authorization;

(b) The Agency may require compensatory mitigation if the net increase in ecological function from the removal and any related restoration activities does not fully offset any loss in ecological function resulting from the dam removal.

(c) In waters accessible to manatees, the Agency shall coordinate with the appropriate state or federal wildlife agency so that appropriate action can be taken to limit potential adverse effects to manatees.

(3) This general permit does not authorize:

(a) Dredging, filling, work, or structures to restore the stream in the vicinity of the low-head dam, including the former impoundment area. Such projects may be authorized under the general permit in Rule 62-331.225, F.A.C., or an individual permit.

(b) Dredging, filling, work or structures to stabilize stream banks. Bank stabilization activities may be authorized by the general permit in Rule 62-331.216, F.A.C., or an individual permit.

(4) The permittee shall submit a notice of intent to use this general permit to the Agency prior to commencing the activity.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Fla. Admin. Code R. 62-331.248 General Permit for Florida Department of Transportation and Florida’s Turnpike Enterprise

(1) This general permit authorizes activities required for the construction of Florida Department of Transportation (FDOT) and Florida’s Turnpike Enterprise (FTE) projects, with a Federal Highway Administration (FHWA) and/or FDOT approved Environmental Document (PD&E, Categorical Exclusion, Environmental Assessment, Environmental Impact Statement, or State Environmental Impact Report), including non-capacity and capacity improvements, where dredge and fill impacts do not result in the loss of greater than 5.0 acres of state-assumed waters (wetlands and surface waters) for any 1-mile segment of roadway length up to a maximum loss of 50 acres of state-assumed waters per project. This includes FTE projects with an approved state Environmental Document. Secondary impacts associated with projects authorized under this general permit shall be assessed, however, secondary impact acreages will not count toward the impact acreage limits (5.0 acres/1-mile and 50 acres total) within this general permit.

(2) This general permit does not authorize construction of a new alignment (non-existing roadway).

(3) This general permit is subject to the following conditions:

(a) Use of this general permit is limited to linear transportation projects that have been reviewed through the FDOT Efficient Transportation Decision Making (ETDM) and/or Project Development and Environment (PD&E) Study. The environmental documents must have been evaluated, re-evaluated, or confirmed to be current within five years of submittal of an application.

(b) The term “capacity” is used to express the maximum number of vehicles or persons that can pass a point on a roadway during a given time period under prevailing roadway and traffic conditions. A capacity improvement project is normally implemented by the addition of through travel lanes. A capacity improvement project can also be a new interchange or new intersection that is contiguous and connects to an existing roadway but would not include a new interchange or intersection that results in a new roadway alignment. Non-capacity improvement projects may include safety improvements, maintenance, bike lane, or sidewalk additions.

(c) No work shall be performed until the permittee submits satisfactory plans for the proposed activity and receives written authorization from the Agency.

(d) If the project includes modification of a federal project, no work shall be performed until the permittee receives authorization under 33 U.S.C §408 from the Corps of Engineers.

(e) Conformance with the descriptions, quantities, and criteria in this general permit does not guarantee authorization under this general permit. The Agency reserves the right to require that any request for authorization under this general permit be evaluated as an individual permit.

(f) A copy of all “Commitments” related to the avoidance and minimization of impacts to state-assumed waters identified in any completed Environmental Documents and the Quality Enhancement Strategies (QES) (effective date), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12075), shall be submitted with the permit application prior to verification of this general permit.

(g) Prior to the verification of qualification for this general permit; the applicant shall provide the Agency with copies of the concurrence documents from the State Historic Preservation Officer (SHPO) in Tallahassee and the Tribal Historic Preservation Officer (THPO) where applicable.

(h) Cultural Resources and/or Historic Properties. In addition to the conditions for general permits in Rule 62-331.200, F.A.C., the following shall apply:

1. No structure or work shall adversely affect, impact, or disturb properties listed in the National Register of Historic Places (NRHP), or those eligible for listing in the NRHP where the adverse effect, impact, or disturbance has not been resolved through consultation with the SHPO.

2. The applicant shall determine and document, in consultation with SHPO, the scope of identification efforts for cultural resources within the undertaking’s area of potential effect and establish a determination of effects based upon these efforts. Documentation of this scope of identification efforts and determination shall be provided in summary form to the Agency along with the concurrence documents from SHPO.

3. If an archaeological monitor is required. A professional archeologist who meets the “Archeology and Historic Preservation: Secretary of Interior’s Standards and Guidelines” shall be onsite during the initial ground-disturbing activities. The professional archeologist shall be responsible for monitoring the spoil and ground disturbance for archaeological deposits. Should potential significant archaeological deposits (which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), recovery be encountered, all work and ground disturbing activities must cease within a 100-meter diameter of the discovery to allow for proper assessment, recording, and recovery of the cultural deposits in a professional manner. The archeologist on site shall notify the Permittee, SHPO, and the Agency the same business day to assess the significance of the discovery and devise appropriate actions, including salvage operations, coordination with the SHPO/THPO, Tribes, and other consulting parties, as appropriate and in compliance with applicable historic preservation laws. Upon completion of the monitoring activities, an archaeological letter must be submitted to the Director of Florida’s Division of Historical Resources (who also serves as the SHPO), along with an updated Florida Master Site File form and, as appropriate, a monitoring report.

(i) Compensatory Mitigation.

1. Mitigation may be accomplished by one or more of the following mechanisms and preference hierarchy.

a. Securing appropriate number and resource type of credits from approved mitigation bank within the project’s service area;

b. Payment of mitigation fees to an approved in-lieu program within the project’s service area;

c. Through a “permittee-responsible” mitigation, including those mitigation projects that are part of the FDOT Mitigation Program in Section 373.4137, F.S.; on-site and in-kind mitigation; or off-site or out-of-kind compensatory mitigation.

d. It is the responsibility of the applicant to demonstrate to the Agency that the mitigation proposal is the environmentally preferable option to replace the ecological functions and services that would be lost though the implementation of any work proposed. All mitigation proposals must be approved prior to verification of this general permit.

2. Prior to proceeding with the activity authorized in this general permit, a final mitigation plan must be approved by the Agency. If the approved mitigation plan is the purchase of mitigation bank or in lieu fee credits, the credits must be purchased or in-lieu fees paid prior to proceeding.

3. When the purchase of mitigation credits is applicable, the Permittee shall provide verification to the Agency indicating the number and type of credits purchased and the specific federal mitigation bank from which credits have been purchased. When payment of in-lieu fees is applicable, evidence of fee payment shall be provided to the Agency. The above-described verification or notification shall be provided to the Agency before commencement of the activities authorized by this general permit.

4. If the general permit verification includes permittee-responsible mitigation, the mitigation plan shall address the components of a complete mitigation plan as described in Rule 62-331.130, F.A.C.

(j) Prior to the verification of projects pursuant to this general permit, the applicant (FDOT, FTE, FHWA, or others) shall provide the Agency with a copy of either a concurrence document (May Affect, Not Likely to Adversely Affect determinations) or a finalized biological opinion (for May Affect, Likely to Adversely Affect determinations) written by the U.S. Fish and Wildlife Service (USFWS), These documents demonstrate that project consultation for federally listed species has been completed.

(k) No authorizations under this general permit shall be made for projects that jeopardize the continued existence of a threatened or endangered species or destroy or adversely modify designated critical habitat.

(l) No authorizations under this general permit shall be made for projects resulting in any direct, indirect, or cumulative effect on very rare species, specifically the endangered Perdido Key beach mouse, Choctawhatchee beach mouse, and the St. Andrew beach mouse.

(m) All terms and conditions provided by the USFWS and/or the FWC shall be included as a special condition of any projects verified under this general permit.

(n) This general permit does not authorize stream channelization or the bank-to-bank filling and relocating and/or culverting of more than 300 linear feet of perennial or intermittent natural stream systems. Ditches, canals, swales or other non-natural channelized systems are not included in this restriction. The authorized activities shall not increase flooding, or negatively impact the pre-project hydrologic flow characteristics or water quality of any affected stream. This permit does not authorize severance of connections to upstream or downstream waters.

(o) To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters shall be maintained for each activity, including stream channelization and stormwater management activities, except as provided below. The activity shall be constructed to withstand expected high flows. The activity shall not restrict nor impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open water if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

(p) This general permit does not authorize fill activities which would sever hydrologic connection between wetlands or other surface waters.

(q) Best management practices for erosion and sediment control shall be used to prevent water quality violations during and after construction. These shall include a construction-phase stormwater management and erosion control plan that is designed and implemented to include site-specific measures adapted from practices and procedures described in “The State of Florida Erosion and Sediment Control Designer and Reviewer Manual, FDOT and FDEP” (June 2007), incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C. (https://www.flrules.org/Gateway/reference.asp?No=Ref-02530).

(r) Authorization under this general permit is void at any time if the information provided by the applicant in support of the permit application proves to have been false, incomplete, or inaccurate.

(s) The permittee shall comply with USFWS “Standard Protection Measures for the Eastern Indigo Snake” (Aug. 12, 2013), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12076).

(t) For projects accessible to manatees, the Permittee shall comply with the “Standard Manatee Conditions for In-Water Work” (2011), incorporated by reference in paragraph 62-331.201(4)(n), F.A.C.

(u) As-Built Certification. Within 60 days of completion of the work authorized by this permit, the Permittee shall submit to the Agency as-built drawings of the authorized work and a completed Form 62-331.248(1) “As-Built Certification By Professional Engineer”, incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12077). The as-built drawings shall be signed and sealed by a registered professional engineer and include the following:

1. A plan view drawing of the location of the authorized work footprint, as shown on the permit drawings, with transparent overlay of the work as constructed in the same scale as the permit drawings on 8½-inch by 11-inch sheets. The plan view drawing should show all “earth disturbance,” including wetland impacts and water management structures.

2. A list of any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the attached “As-Built Certification By Professional Engineer” form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as-built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or “As-Built Certification By Professional Engineer” form does not constitute approval of any deviations by the Agency.

3. Include the permit number on all sheets submitted.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.

Chapter 62-340 DELINEATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS

Fla. Admin. Code R. 62-340.100 Intent

(1) This rule’s intent is to provide a unified statewide methodology for the delineation of the extent of wetlands and surface waters to satisfy the mandate of Section 373.421, F.S. This delineation methodology is intended to approximate the combined landward extent of wetlands as determined by a water management district and the Department immediately before the effective date of this rule. Before implementing the specific provisions of this methodology, the regulating agency shall attempt to identify wetlands according to the definition for wetlands in Section 373.019(25), F.S., and subsection 62-340.200(19), F.A.C., below. The landward extent of wetlands shall be determined by the dominance of plant species, soils and other hydrologic evidence indicative of regular and periodic inundation or saturation. In all cases, attempts shall be made to locate the landward extent of wetlands visually by on site inspection, or aerial photointerpretation in combination with ground truthing, without quantitative sampling. If this cannot be accomplished, the quantitative methods in paragraph 62-301.400(1)(c), F.A.C., shall be used unless the applicant or petitioner and regulating agency agree, in writing, on an alternative method for quantitatively analyzing the vegetation onsite. The methodology shall not be used to delineate areas which are not wetlands as defined in subsection 62-340.200(19), F.A.C., nor to delineate as wetlands or surface waters areas exempted from delineation by statute or agency rule.

(2) The Department shall be responsible for ensuring statewide coordination and consistency in the delineation of surface waters and wetlands pursuant to this rule, by providing training and guidance to the Department, Districts, and local governments in implementing the methodology.

History

• Rulemaking Authority 373.421 FS. Law Implemented 373.421, 373.4211 FS. History–New 7-1-94, Formerly 17-340.100.

Fla. Admin. Code R. 62-340.200 Definitions

When used in this chapter, the following terms shall mean:

(1) “Aquatic plant” means a plant, including the roots, which typically floats on water or requires water for its entire structural support, or which will desiccate outside of water.

(2) “Canopy” means the plant stratum composed of all woody plants and palms with a trunk four inches or greater in diameter at breast height, except vines.

(3) “Diameter at Breast Height (DBH)” means the diameter of a plant’s trunk or main stem at a height of 4.5 feet above the ground.

(4) “Facultative plants” means those plant species listed in subsection 62-340.450(3), F.A.C., of this chapter. For the purposes of this rule, facultative plants are not indicators of either wetland or upland conditions.

(5) “Facultative Wet plants” means those plant species listed in subsection 62-340.450(2), F.A.C., of this chapter.

(6) “Ground Cover” means the plant stratum composed of all plants not found in the canopy or subcanopy, except vines and aquatic plants.

(7) “Ground truthing” means verification on the ground of conditions on a site.

(8) “Hydric Soils” means soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part of the soil profile.

(9) “Hydric Soil Indicators” means those indicators of hydric soil conditions as identified in Soil and Water Relationships of Florida's Ecological Communities (Florida Soil Conservation ed. Staff 1992).

(10) “Inundation” means a condition in which water from any source regularly and periodically covers a land surface.

(11) “Obligate plants” means those plant species listed in subsection 62-340.450(1), F.A.C., of this chapter.

(12) “Regulating agency” means the Department of Environmental Protection, the water management districts, state or regional agencies, local governments, and any other governmental entities.

(13) “Riverwash” means areas of unstabilized sandy, silty, clayey, or gravelly sediments. These areas are flooded, washed, and reworked by rivers or streams so frequently that they may support little or no vegetation.

(14) “Saturation” means a water table six inches or less from the soil surface for soils with a permeability equal to or greater than six inches per hour in all layers within the upper 12 inches, or a water table 12 inches or less from the soil surface for soils with a permeability less than six inches per hour in any layer within the upper 12 inches.

(15) “Seasonal High Water” means the elevation to which the ground and surface water can be expected to rise due to a normal wet season.

(16) “Subcanopy” means the plant stratum composed of all woody plants and palms, exclusive of the canopy, with a trunk or main stem with a DBH between one and four inches, except vines.

(17) “Upland plants” means those plant species, not listed as Obligate, Facultative Wet, or Facultative by this rule, excluding vines, aquatic plants, and any plant species not introduced into the State of Florida as of the effective date of this rule.

(18) “U.S.D.A.-S.C.S.” means the United States Department of Agriculture, Soil Conservation Service.

(19) “Wetlands,” as defined in Section 373.019(25), F.S., means those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto.

History

• Rulemaking Authority 373.421 FS. Law Implemented 373.421, 373.4211 FS. History–New 7-1-94, Formerly 17-340.200.

Fla. Admin. Code R. 62-340.300 Delineation of Wetlands

The landward extent (i.e., the boundary) of wetlands as defined in subsection 62-340.200(19), F.A.C., shall be determined by applying reasonable scientific judgment to evaluate the dominance of plant species, soils, and other hydrologic evidence of regular and periodic inundation and saturation as set forth below. In applying reasonable scientific judgment, all reliable information shall be evaluated in determining whether the area is a wetland as defined in subsection 62-340.200(19), F.A.C.

(1) Before using the wetland delineation methodology described below, the regulating agency shall attempt to identify and delineate the landward extent of wetlands by direct application of the definition of wetlands in subsection 62-340.200(19), F.A.C., with particular attention to the vegetative communities which the definition lists as wetlands and non-wetlands. If the boundary cannot be located easily by use of the definition in subsection 62-340.200(19), F.A.C., the provisions of this rule shall be used to locate the landward extent of a wetland. In applying the provisions of this rule, the regulating agency shall attempt to locate the landward extent of wetlands visually by on site inspection, or aerial photointerpretation in combination with ground truthing.

(2) The landward extent of a wetland as defined in subsection 62-340.200(19), F.A.C., shall include any of the following areas:

(a) Those areas where the aereal extent of obligate plants in the appropriate vegetative stratum is greater than the areal extent of all upland plants in that stratum, as identified using the method in Rule 62-340.400, F.A.C., and either:

1. The substrate is composed of hydric soils or riverwash, as identified using standard U.S.D.A.-S.C.S. practices for Florida, including the approved hydric soil indicators, except where the hydric soil is disturbed by a nonhydrological mechanical mixing of the upper soil profile and the regulating agency establishes through data or evidence that hydric soil indicators would be present but for the disturbance,

2. The substrate is nonsoil, rock outcrop-soil complex, or the substrate is located within an artificially created wetland area, or

3. One or more of the hydrologic indicators listed in Rule 62-340.500, F.A.C., are present and reasonable scientific judgment indicates that inundation or saturation is present sufficient to meet the wetland definition of subsection 62-340.200(19), F.A.C.

(b) Those areas where the areal extent of obligate or facultative wet plants, or combinations thereof, in the appropriate stratum is equal to or greater than 80% of all the plants in that stratum, excluding facultative plants, and either:

1. The substrate is composed of hydric soils or riverwash, as identified using standard U.S.D.A.-S.C.S. practices for Florida, including the approved hydric soil indicators, except where the hydric soil is disturbed by a nonhydrologic mechanical mixing of the upper soil profile and the regulating agency establishes through data or evidence that hydric soil indicators would be present but for the disturbance,

2. The substrate is nonsoil, rock outcrop-soil complex, or the substrate is located within an artificially created wetland area, or

3. One or more of the hydrologic indicators listed in Rule 62-340.500, F.A.C., are present and reasonable scientific judgment indicates that inundation or saturation is present sufficient to meet the wetland definition of subsection 62-340.200(19), F.A.C.

(c) Those areas, other than pine flatwoods and improved pastures, with undrained hydric soils which meet, in situ, at least one of the criteria listed below. A hydric soil is considered undrained unless reasonable scientific judgment indicates permanent artificial alterations to the on site hydrology have resulted in conditions which would not support the formation of hydric soils.

1. Soils classified according to United States Department of Agriculture’s Keys to Soil Taxonomy (4th ed. 1990) as Umbraqualfs, Sulfaquents, Hydraquents, Humaquepts, Histosols (except Folists), Argiaquolls, or Umbraquults.

2. Saline sands (salt flats-tidal flats).

3. Soil within a hydric mapping unit designated by the U.S.D.A.-S.C.S. as frequently flooded or depressional, when the hydric nature of the soil has been field verified using the U.S.D.A.-S.C.S. approved hydric soil indicators for Florida. If a permit applicant, or a person petitioning for a formal determination pursuant to Section 373.421(2), F.S., disputes the boundary of a frequently flooded or depressional mapping unit, the applicant or petitioner may request that the regulating agency, in cooperation with the U.S.D.A.-S.C.S., confirm the boundary. For the purposes of Section 120.60(2), F.S., a request for a boundary confirmation pursuant to this subparagraph shall have the same effect as a timely request for additional information by the regulating agency. The regulating agency’s receipt of the final response provided by the U.S.D.A.-S.C.S. to the request for boundary confirmation shall have the same effect as a receipt of timely requested additional information.

4. For the purposes of this paragraph only, “pine flatwoods” means a plant community type in Florida occurring on flat terrain with soils which may experience a seasonal high water table near the surface. The canopy species consist of a monotypic or mixed forest of long leaf pine or slash pine. The subcanopy is typically sparse or absent. The ground cover is dominated by saw palmetto with areas of wire grass, gallberry, and other shrubs, grasses, and forbs, which are not obligate or facultative wet species. Pine flatwoods do not include those wetland communities as listed in the wetland definition contained in subsection 62-340.200(19), F.A.C., which may occur in the broader landscape setting of pine flatwoods and which may contain slash pine. Also for the purposes of this paragraph only, “improved pasture” means areas where the dominant native plant community has been replaced with planted or natural recruitment of herbaceous species which are not obligate or facultative wet species and which have been actively maintained for livestock through mechanical means or grazing.

(d) Those areas where one or more of the hydrologic indicators listed in Rule 62-340.500, F.A.C., are present, and which have hydric soils, as identified using the U.S.D.A.-S.C.S. approved hydric soil indicators for Florida, and reasonable scientific judgment indicates that inundation or saturation is present sufficient to meet the wetland definition of subsection 62-340.200(19), F.A.C. These areas shall not extent beyond the seasonal high water elevation.

(3)(a) If the vegetation or soils of an upland or wetland area have been altered by natural or man-induced factors such that the boundary between wetlands and uplands cannot be delineated reliably by use of the methodology in subsection 62-340.300(2), F.A.C., as determined by the regulating agency, and the area has hydric soils or riverwash, as identified using standard U.S.D.A.-S.C.S. practices for Florida, including the approved hydric soil indicators, except where the hydric soil is disturbed by a non hydrologic mechanical mixing of the upper soil profile and the regulating agency establishes through data or evidence that hydric soil indicators would be present but for the disturbance, then the most reliable available information shall be used with reasonable scientific judgment to determine where the methodology in subsection 62-340.300(2), F.A.C., would have delineated the boundary between wetlands and uplands. Reliable available information may include, but is not limited to, aerial photographs, remaining vegetation, authoritative site-specific documents, or topographical consistencies.

(b) This subsection shall not apply to any area where regional or site-specific permitted activity, or activities which did not require a permit, under Sections 253.123 and 253.124, F.S. (1957), as subsequently amended, the provisions of Chapter 403, F.S. (1983), relating to dredging and filling activities, Chapter 84-79, Laws of Florida, and Part IV of Chapter 373, F.S., have altered the hydrology of the area to the extent that reasonable scientific judgment, or application of the provisions of Section 62-340.550, F.A.C., indicate that under normal circumstances the area no longer inundates or saturates at a frequency and duration sufficient to meet the wetland definition in subsection 62-340.200(19), F.A.C.

(c) This subsection shall not be construed to limit the type of evidence which may be used to delineate the landward extent of a wetland under this chapter when an activity violating the regulatory requirements of Sections 253.123 and 253.124, F.S. (1957), as subsequently amended, the provisions of Chapter 403, F.S. (1983), relating to dredging and filling activities, Chapter 84-79, Laws of Florida, and Part IV of Chapter 373, F.S., has disturbed the vegetation or soils of an area.

(4) The regulating agency shall maintain sufficient soil scientists on staff to provide evaluation or consultation regarding soil determinations in applying the methodologies set forth in subsection 62-340.300(2) or (3), F.A.C. Services provided by the U.S.D.A.-S.C.S., or other competent soil scientists, under contract or agreement with the regulating agency, may be used in lieu of, or to augment, agency staff.

History

• Rulemaking Authority 373.421 FS. Law Implemented 373.421, 373.4211 FS. History–New 7-1-94, Formerly 17-340.300.

Fla. Admin. Code R. 62-340.400 Selection of Appropriate Vegetative Stratum

Dominance of plant species, as described in paragraphs 62-340.300(2)(a) and 62-340.300(2)(b), F.A.C., shall be determined in a plant stratum (canopy, subcanopy, or ground cover). The top stratum shall be used to determine dominance unless the top stratum, exclusive of facultative plants, constitutes less than 10 percent areal extent, or unless reasonable scientific judgment establishes that the indicator status of the top stratum is not indicative of the hydrologic conditions on site. In such cases, the stratum most indicative of on site hydrologic conditions, considering the seasonal variability in the amount and distribution of rainfall, shall be used. The evidence concerning the presence or absence of regular and periodic inundation or saturation shall be based on in situ data. All facts and factors relating to the presence or absence of regular and periodic inundation or saturation shall be weighed in deciding whether the evidence supports shifting to a lower stratum. The presence of obligate, facultative wet, or upland plants in a lower stratum does not by itself constitute sufficient evidence to shift strata, but can be considered along with other physical data in establishing the weight of evidence necessary to shift to a lower stratum. The burden of proof shall be with the party asserting that a stratum other than the top stratum should be used to determine dominance. Facultative plants shall not be considered for purposes of determining appropriate strata or dominance.

History

• Rulemaking Authority 373.421 FS. Law Implemented 373.421, 373.4211 FS. History–New 7-1-94, Formerly 17-340.400.

Fla. Admin. Code R. 62-340.450 Vegetative Index

(1) Obligate Species:

Scientific Name

Common Name

Acer saccharinum

maple, silver

Acoelorraphe wrightii

palm, paurotis

Acrostichum spp.

leather fern

Aeschynomene pratensis

joint-vetch, meadow

Agalinis linifolia

false-foxglove, flax-leaf

Agalinis maritima

false-foxglove, saltmarsh

Alisma subcordatum

water-plantain, subcordate

Alnus serrulata

alder, hazel

Alternanthera philoxeroides

alligator-weed

Alternanthera sessilis

alligator weed, sessile

Amaranthus australis

amaranth, southern

Amaranthus cannabinus

amaranth, tidemarsh

Amaranthus floridanus

amaranth, Florida

Ammannia spp.

toothcup

Annona glabra

pond apple

Aristida affinis

three-awn grass, long-leaf

Armoracia aquatica

lakecress

Arnoglossum sulcatum

indian-plantain, Georgia

Asclepias incarnata

milkweed, swamp

Asclepias lanceolata

milkweed, fen-flower

Asclepias perennis

milkweed, aquatic

Asclepias rubra

milkweed, red

Aster carolinianus

aster, climbing

Aster elliottii

aster, Elliott’s

Aster subulatus

aster, saltmarsh

Aster tenuifolius

aster, saltmarsh

Avicennia germinans

mangrove, black

Baccharis angustifolia

false-willow

Bacopa spp.

water-hyssop

Batis maritima

saltwort

Betula nigra

birch, river

Bidens spp.

beggar-ticks

except Bidens pilosa

beggar-ticks, white (FAC)

Bidens bipinnata

Spanish needles (U)

Boehmeria cylindrica

false-nettle, small-spike

Borrichia spp.

sea oxeye

Burmannia spp.

burmannia

Callitriche spp.

water-starwort

Campanula floridana

bellflower

Canna spp.

canna

except Canna x generalis

canna, common (FAC)

Cardamine bulbosa

bitter-cress

Cardamine pensylvanica

spring-cress

Carex atlantica

sedge, prickly bog

Carex comosa

sedge, bearded

Carex crinita

sedge, fringed

Carex crus-corvi

sedge, raven-foot

Carex decomposita

sedge, cypress-knee

Carex elliottii

sedge, Elliott’s

Carex folliculata

sedge, long

Carex gigantea

sedge, large

Carex howei

sedge, Howe’s

Carex hyalinolepis

sedge, shoreline

Carex leptalea

sedge, bristly-stalk

Carex louisianica

sedge, Louisiana

Carex lupulina

sedge, hop

Carex lurida

sedge, shallow

Carex stipata

sedge, stalk-grain

Carex walteriana

sedge, Walter’s

Carya aquatica

hickory, water

Cephalanthus occidentalis

buttonbush

Chamaecyparis thyoides

cedar, Atlantic white

Cicuta spp.

water-hemlock

Cirsium muticum

thistle, swamp

Cladium spp.

sawgrass

Cleistes divaricata

rosebud

Colocasia esculenta

elephant’s ear

Coreopsis nudata

tickseed, Georgia

Cornus amomum

dogwood, silky

Crataegus aestivalis

mayhaw

Crinum americanum

swamp-lily, southern

Cyperus alternifolius

flatsedge, alternate-leaf

Cyperus articulatus

flatsedge, jointed

Cyperus difformis

flatsedge, variable

Cyperus distinctus

flatsedge, marshland

Cyperus drummondii

flatsedge

Cyperus entrerianus

flatsedge

Cyperus erythrorhizos

flatsedge, red-root

Cyperus haspan

flatsedge, sheathed

Cyperus lanceolatus

flatsedge, epiphytic

Cyperus papyrus

flatsedge, papyrus

Decodon verticillatus

swamp-loosestrife

Dichromena latifolia

white-top sedge, giant

Distichlis spicata

saltgrass, seashore

Drosera filiformis

sundew, thread-leaf

Drosera intermedia

sundew, spoon-leaf

Drosera tracyi

sundew, Gulf coast

Dulichium arundinaceum

sedge, three-way

Echinodorus spp.

burhead

Eleocharis spp.

spikerush

Erianthus giganteus

plumegrass, sugarcane

Erianthus strictus

plumegrass, narrow

Eriocaulon spp.

pipewort

Eryngium aquaticum

corn snakeroot

Eupatorium leptophyllum

marsh thoroughwort

Fimbristylis spp.

fringe-rush

except Fimbristylis annua

fringe-rush, annual (FACW)

F. puberula

fringe-rush, Vahl’s (FACW)

F. spathacea

hurricane-grass (FAC)

Fraxinus spp.

ash

except Fraxinum americana

ash, white (U)

Fuirena spp.

umbrella-sedge

Gleditsia aquatica

water-locust

Glyceria striata

fowl mannagrass

Heteranthera reniformis

mud-plantain, kidney-leaf

Hibiscus coccineus

rosemallow, scarlet

Hibiscus grandiflorus

rosemallow, swamp

Hibiscus laevis

rosemallow, halberd-leaf

Hibiscus moscheutos

rosemallow, swamp

Hydrochloa caroliniensis

watergrass

Hydrocleis nymphoides

water-poppy

Hydrocotyle ranunculoides

penny-wort, floating

Hydrolea spp.

false-fiddle-leaf

Hygrophila spp.

hygrophila

Hymenachne amplexicaulis

trompetilla

Hymenocallis spp.

spider-lily

Hypericum chapmanii

St. John’s-wort, Chapman’s

Hypericum edisonianum

St. John’s-wort, Edison’s

Hypericum fasciculatum

St. John’s-wort, marsh

Hypericum lissophloeus

St. John’s-wort, smooth-bark

Hypericum nitidum

St. John’s-wort, Carolina

Ilex amelanchier

holly, sarvis

Ilex cassine

holly, dahoon

Ilex myrtifolia

holly, myrtle

Ilex verticillata

winterberry

Illicium floridanum

anise, Florida

Impatiens capensis

touch-me-not, spotted

Iris spp.

Iris

except I. verna

dwarf iris (U)

Isoetes spp.

quillwort

Itea virginica

virginia willow

Iva frutescens

marsh elder

Juncus spp.

Rush

except J. tenuis

rush (FAC)

J. marginatus

rush (FACW)

Justicia spp.

water-willow

except J. brandegeana

shrimp plant (U)

Kosteletzkya virginica

mallow, seashore

Lachnocaulon digynum

bogbutton, pineland

Lachnocaulon engleri

bogbutton, Engler’s

Lachnocaulon minus

bogbutton, Small’s

Laguncularia racemosa

mangrove, white

Leersia spp.

cutgrass

Leitneria floridana

corkwood

Lilaeopsis spp.

lilaeopsis

Lilium iridollae

lily, panhandle

Limnobium spongia

frogbit

Limnophila spp.

marshweed

Limonium carolinianum

sea-lavender

Lindera melissaefolia

spicebush, southern

Linum westii

flax, West’s

Liparis elata = (L. nervosa)

liparis, tall

Litsea aestivalis

pondspice

Lobelia cardinalis

cardinal flower

Lobelia floridana

lobelia, Florida

Ludwigia spp.

ludwigia; water-primrose

except Ludwigia hirtella

seedbox, hairy (FACW)

Ludwigia maritima

seedbox, seaside (FACW)

L. suffruticosa

seedbox, headed (FACW)

Ludwigia virgata

seedbox, savanna (FACW)

Lycium carolinianum

Christmas berry

Lycopus spp.

bugleweed

Lysimachia spp.

loosestrife

Lythrum spp.

marsh loosestrife

Macranthera flammea

flameflower

Magnolia virginiana var. australis

magnolia, sweetbay

Malaxis spicata

adder’s-mouth, Florida

Maxillaria crassifolia

orchid, hidden

Melanthium virginicum

bunchflower, Virginia

Micranthemum spp.

baby tears

Micromeria brownei

savory, Brown’s

Mimulus alatus

monkey-flower

Monanthochloe littoralis

keygrass

Muhlenbergia capillaris

muhly grass

Nasturtium spp.

water-cress

Nelumbo spp.

water-lotus

Nuphar luteum

cow-lily, yellow

Nymphaea spp.

water-lily

Nymphoides spp.

floating hearts

Nyssa aquatica

tupelo, water

Nyssa ogeche

tupelo, ogeechee

Nyssa sylvatica var. biflora

tupelo, swamp

Orontium aquaticum

golden club

Osmunda regalis

fern, royal

Oxypolis spp.

water drop-wort

Panicum ensifolium

panic grass

Panicum erectifolium

witchgrass, erect-leaf

Panicum gymnocarpon

panicum, savannah

Panicum hemitomon

maidencane

Panicum longifolium

panicum, tall thin

Panicum scabriusculum

panicum, woolly

Panicum tenerum

panicum, bluejoint

Parnassia spp.

grass-of-parnassus

Paspalidium geminatum

water panicum

Paspalum dissectum

paspalum, mudbank

Paspalum distichum

paspalum, joint

Paspalum monostachyum

paspalum, gulf

Paspalum praecox

paspalum, early

Paspalum repens

paspalum, water

Peltandra spp.

arum; spoon flower

Penthorum sedoides

ditch stonecrop

Pentodon pentandrus

pentodon, Hall’s

Persea palustris

bay, swamp

Phragmites australis

reed, common

Physostegia godfreyi

dragon-head, Godfrey’s

Physostegia leptophylla

dragon-head, slender-leaf

Pinckneya bracteata

fever-tree

Pinguicula spp.

butterwort

Planera aquatica

planer tree

Platanthera spp.

orchid, fringed

Pleea tenuifolia

rush-featherling

Pogonia ophioglossoides

pogonia, rose

Polygala cymosa

milkwort, tall

Polygonum spp.

smartweed

except P. argyrocoleon

smartweed, silversheath (U)

P. virginianum

jumpseed (FACW)

Pontederia cordata

pickerelweed

Populus heterophylla

cottonwood, swamp

Proserpinaca spp.

mermaid-weed

Psilocarya spp.

baldrush

Quercus lyrata

oak, overcup

Rhexia parviflora

meadow-beauty white

Rhexia salicifolia

meadow-beauty panhandle

Rhizophora mangle

mangrove, red

Rhynchospora cephalantha

beakrush, clustered

Rhynchospora chapmanii

beakrush, Chapman’s

Rhynchospora corniculata

beakrush, short-bristle

Rhynchospora decurrens

beakrush, swamp-forest

Rhynchospora divergens

beakrush, spreading

Rhynchospora harperi

beakrush, Harper’s

Rhynchospora inundata

beakrush, horned

Rhynchospora macra

beakrush, large

Rhynchospora microcarpa

beakrush, southern

Rhynchospora miliacea

beakrush, millet

Rhynchospora mixta

beakrush, mingled

Rhynchospora oligantha

beakrush, few-flower

Rhynchospora stenophylla

beakrush, Chapman’s

Rhynchospora tracyi

beakrush, Tracy’s

Rorippa spp.

yellow-cress

Rosa palustris

rose, swamp

Rotala ramosior

toothcup

Rudbeckia mohrii

coneflower, Mohr’s

Sabatia bartramii

rose-gentian, Bartram’s

Sabatia calycina

rose-gentian, coast

Sabatia dodecandra

rose-gentian, large

Sacciolepis striata

cupscale, American

Sagittaria spp.

arrowhead

Salicornia spp.

glasswort

Salix spp.

willow

Samolus spp.

pimpernel, water

Sarracenia spp.

pitcher-plant

except Sarracenia minor

pitcher-plant, hooded (FACW)

Saururus cernuus

lizard’s tail

Scirpus spp.

bulrush

Scutellaria lateriflora

skullcap, blue

Scutellaria racemosa

skullcap

Senecio aureus

ragwort, golden

Senecio glabellus

butterweed

Setaria magna

foxtail

Sium suave

water-parsnip

Solidago elliottii

golden-rod, Elliott’s

Solidago patula

golden-rod, rough-leaf

Sparganium americanum

burreed

Spartina alterniflora

cordgrass, saltmarsh

Spartina cynosuroides

cordgrass, big

Spartina spartinae

cordgrass, gulf

Spergularia marina

sandspurry, saltmarsh

Sphagnum spp.

sphagnum moss

Sphenopholis pensylvanica

wedgescale, swamp

Sporobolus virginicus

dropseed, seashore

Stachys lythroides

hedgenettle

Stillingia aquatica

corkwood

Styrax americana

snowbell; storax

Suaeda spp.

sea-blite

Taxodium ascendens

cypress, pond

Taxodium distichum

cypress, bald

Thalia geniculata

thalia; fire flag

Tofieldia racemosa

false-asphodel, coastal

Triadenum spp.

St. John’s-wort, marsh

Triglochin striatam

arrow-grass

Typha spp.

cattail

Utricularia spp.

bladderwort

Veronica anagallis-aquat ica

speedwell, water

Vicia ocalensis

vetch, Ocala

Viola lanceolata

violet, lance-leaf

Websteria confervoides

water-meal

Woodwardia aereolata

chainfern

Xyris spp.

yellow-eyed grass

except Xyris caroliniana

yellow-eyed grass, Carolina (FACW)

Xyris jupicai

yellow-eyed grass, tropical (FACW)

Zizania aquatica

wildrice

Zizaniopsis miliacea

wildrice, southern

(2) Facultative Wet Species:

Scientific Name

Common Name

Abildgaardia ovata

rush, flat-spike

Acer negundo

box-elder

Acer rubrum

maple, red

Aeschynomene indica

joint-vetch, India

Agalinis aphylla

false-foxglove, scale-leaf

Agalinis pinetorum (=A. pulchella)

false-foxglove

Agalinis purpurea

false-foxglove, large purple

Agarista populifolia

hobble-bush

Agrostis stolonifera

redtop

Amorpha fruticosa

indigo-bush

Amphicarpum muhlenbergian um

blue maidencane

Amsonia rigida

slimpod, stiff

Amsonia tabernaemontana

slimpod, eastern

Andropogon glomeratus (Campbell)

bluestem, bushy

Andropogon liebmanii var. pungensis (Campbell) (A. mohrii)

bluestem, Mohr’s

Anthaenantia rufa

silky-scale, purple

Apteria aphylla

nodding nixie

Arenaria godfreyi

stitchwort, Godfrey’s

Arisaema spp.

jack-in-the-pulpit; green-dragon

Aristida purpurascens (s.l.)

three-awn grass, wand-like

Arnoglossum diversifolium

indian-plantain, variable-leaf

Arnoglossum ovatum

indian-plantain, egg-leaf

Aronia arbutifolia

red chokeberry

Arundinaria gigantea

giant cane

Asclepias connivens

milkweed, large-flower

Asclepias longifolia

milkweed, long-leaf

Asclepias pedicellata

milkweed, savannah

Asclepias viridula

milkweed, southern

Aster chapmanii

aster, savannah

Aster eryngiifolius

aster, coyote-thistle

Aster lateriflorus

aster, calico

Aster spinulosus

aster, bog

Aster vimineus

aster, small white

Athyrium filix-femina

fern, subarctic lady

Atriplex patula

saltbush, halberd-leaf

Balduina atropurpurea

honeycomb-head, purple

Balduina uniflora

honeycomb-head, one-flower

Bartonia spp.

screwstem

Bigelowia nudata

golden-rod, rayless

Blechnum serrulatum

swamp fern

Boltonia spp.

boltonia

Brachiaria purpurascens

paragrass

Cacalia suaveolens

indian-plantain, sweet-scent

Calamovilfa curtissii

Curtiss’ reed grass

Calopogon spp.

grass-pinks

Calycocarpum lyonii

cupseed

Caperonia spp.

caperonia

Capparis flexuosa

caper-tree

Carex spp.

sedges

except Carex atlantica

sedge, prickly bog (OBL)

Carex comosa

sedge, bearded (OBL)

Carex crinita

sedge, fringed (OBL)

Carex crus-corvi

sedge, raven-foot (OBL)

Carex decomposita

sedge, cypress-knee (OBL)

Carex elliottii

sedge, Elliott’s (OBL)

Carex folliculata

sedge, long (OBL)

Carex gigantea

sedge, large (OBL)

Carex howei

sedge, Howe’s (OBL)

Carex hyalinolepis

sedge, shoreline (OBL)

Carex leptalea

sedge, bristly-stalk (OBL)

Carex louisianica

sedge, Louisiana (OBL)

Carex lupulina

sedge, hop (OBL)

Carex lurida

sedge, shallow (OBL)

Carex stipata

sedge, stalk-grain (OBL)

Carex walteriana

sedge, Walter’s (OBL)

Carphephorus carnosus

chaffhead, pineland

Carphephorus pseudoliatris

chaffhead, bristle-leaf

Carpinus caroliniana

hornbeam, American

Celtis laevigata

sugar-berry; hackberry

Centella asiatica

coinwort

Chaptalia tomentosa

sunbonnet; pineland daisy

Chasmanthium spp.

spanglegrass

except C. latifolum

spanglegrass (FAC)

C. sessiliflorum

long-leaf Chasmanthium (FAC)

Chrysobalanus icaco

cocoplum

Cirsium lecontei

thistle, Leconte’s

Cirsium nuttallii

thistle, Nuttall’s

Clethra alnifolia

sweet pepper bush

Cliftonia monophylla

buckwheat-tree

Commelina spp.

dayflower

except Commelina erecta

dayflower, sandhill (U)

Conocarpus erectus

buttonwood

Coreopsis falcata

tickseed, sickle

Coreopsis floridana

tickseed, Florida

Coreopsis gladiata

tickseed, southeastern

Coreopsis integrifolia

tickseed, ciliate-leaf

Coreopsis leavenworthii

tickseed, Leavenworth’s

Coreopsis linifolia

tickseed, Texas

Cornus foemina

swamp dogwood

Crataegus marshallii

haw, parsley

Crataegus viridis

haw, green

Croton elliottii

croton, Elliott’s

Ctenitis submarginalis

fern, brown-hair comb

Ctenium spp.

toothache grass

Cuphea aspera

common waxweed

Cyperus spp.

flatsedge

except C. alternifolius

flatsedge, alternate-leaf (OBL)

Cyperus articulatus

flatsedge, jointed (OBL)

Cyperus difformis

flatsedge, variable (OBL)

Cyperus distinctus

flatsedge, marshland (OBL)

Cyperus drummondii

flatsedge (OBL)

Cyperus entrerianus

flatsedge (OBL)

C. erythrorhizos

flatsedge, red-root (OBL)

Cyperus haspan

flatsedge, sheathed (OBL)

Cyperus lanceolatus

flatsedge, epiphytic (OBL)

Cyperus papyrus

flatsedge, papyrus (OBL)

Cyperus cuspidatus

flatsedge, coastal-plain (FAC)

Cyperus esculentus

flatsedge (FAC)

Cyperus giganteus

flatsedge (FAC)

Cyperus globulosus

flatsedge, baldwin (FAC)

Cyperus huarmensis

flatsedge, black knotty-root (FAC)

Cyperus metzii

flatsedge (FAC)

Cyperus retrorsus

flatsedge (FAC)

Cyperus rotundus

flatsedge, purple (FAC)

Cyperus filiculmis

flatsedge, sandhill (U)

Cyperus ovularis

flatsedge (U)

Cyperus reflexus

flatsedge (U)

Cyperus refractus

flatsedge (U)

C. retrofractus

flatsedge (U)

Cyperus tetragonus

flatsedge (U)

Dichromena colorata

white-top sedge, starbrush

Dichromena floridensis

white-top sedge, Everglades

Dicliptera brachiata

mudwort, wild

Digitaria pauciflora

everglades grass

Diodia virginiana

button-weed

Dionaea muscipula

Venus’ flytrap

Drosera brevifolia

sundew, dwarf

Drosera capillaris

sundew, pink

Dryopteris ludoviciana

shield-fern, southern

Dyschoriste humistrata

dyschoriste, swamp

Echinochloa spp.

jungle-rice; cockspur grass

Eclipta alba

yerba de Tajo

Elyonurus tripsacoides

balsam-scale, Pan-American

Equisetum hyemale

horsetail

Erianthus brevibarbus

plume grass, short-beard

Erigeron vernus

fleabane, early whitetop

Eriochloa spp.

cupgrass

Eryngium integrifolium

coyote-thistle, blue-flower

Eryngium prostratum

coyote-thistle, creeping

Eryngium yuccifolium

Rattlesnake master

Erythrodes querceticola

erythrodes, low

Eulophia alta

coco, wild

Eupatoriadelph us fistulosus

joe-pye-weed

Eupatorium leucolepis

thoroughwort, white-bract

Eupatorium mikanioides

thoroughwort, semaphore

Eupatorium perfoliatum

boneset

Euphorbia humistrata (=Chamaesyce humistrata)

broomspurge, spreading

Euphorbia inundata

spurge, Florida

Euphorbia polyphylla

spurge, many-leaved

Eustachys glauca (=Chloris glauca)

fingergrass, saltmarsh

Eustoma exaltatum

prairie-gentian

Evolvulus convolvuloides

evolvulus

Evolvulus sericeus

silky bindweed

Fimbristylis annua

fimbry, annual

Fimbristylis puberula

fimbry, Vahl’s hairy

Flaveria floridana

yellowtop

Flaveria linearis

yellowtop

Forestiera acuminata

privet, swamp

Fothergilla gardenii

witch-alder, dwarf

Galium tinctorium

bedstraw, stiff marsh

Gaylussacia mosieri

woolly-berry

Gentiana spp.

gentian

Gleditsia triacanthos

honey-locust

Gordonia lasianthus

bay, loblolly

Gratiola spp.

hedgehyssop

except Gratiola hispida

hedgehyssop (FAC)

Habenaria spp.

rein orchid

Halesia diptera

silver-bell

Harperocallis flava

Harper’s beauty

Hartwrightia floridana

hartwrightia, Florida

Hedychium coronarium

ginger

Helenium spp.

sneezeweed

except Helenium amarum

sneezeweed, pasture (FAC)

Helianthus agrestis

sunflower, southeastern

Helianthus angustifolius

sunflower, swamp

Helianthus carnosus

sunflower, lakeside

Helianthus heterophyllus

sunflower, wetland

Helianthus simulans

sunflower, muck

Heliotropium procumbens

heliotrope, four-spike

Hemicarpha spp.

dwarf-bullrush

Hibiscus aculeatus

rosemallow

Hydrocotyle spp.

pennywort

except H. ranunculoides

pennywort, floating (OBL)

Hypericum spp.

St. John’s-wort

except Hypericum chapmanii

St. John’s-wort, Chapman’s (OBL)

H. edisonianum

St. John’s-wort, Edison’s (OBL)

H. fasciculatum

St. John’s-wort, marsh (OBL)

H. lissophloeus

St. John’s-wort, smooth-bark (OBL)

Hypericum nitidum

St. John’s-wort, Carolina (OBL)

H. hypericoides

St. Andrew’s cross (FAC)

H. tetrapetalum

St. John’s-wort, four-petal (FAC)

H. cumulicola

St. John’s-wort, scrub (U)

H. drummondii

St. John’s-wort, Drummond’s (U)

H. gentianoides

pineweed (U)

H. microsepalum

St. John’s-wort, small-sepal (U)

H. prolificum

St. John’s-wort, shrubby (U)

Hypericum punctatum

St. John’s-wort, dotted (U)

Hypericum reductum

St. John’s-wort, Atlantic (U)

Hypolepis repens

fern, bead

Hypoxis spp.

Stargrasses, yellow

Hyptis alata

musky mint

Ilex coriacea

holly, bay-gall

Ilex decidua

holly, deciduous

Illicium parviflorum

star anise

Iva microcephala

little marsh elder

Juncus marginatus

shore rush

Kalmia latifolia

laurel, mountain

Lachnocaulon anceps

bogbutton, white-head

Lachnocaulon beyrichianum

bogbutton, southern

Laportea canadensis

wood-nettle, Canada

Leptochloa spp.

sprangle-top

except Leptochloa virgata

sprangle-top, tropic (FAC)

Leucothoe spp.

dog-hobble

Liatris garberi

gayfeather, garber’s

Lindera benzoin

spicebush, northern

Lindernia spp.

false-pimpernel

except Lindernia crustacea

false-pimpernel, Malayan (FAC)

Linum carteri

flax, Carter’s

Linum striatum

flax, ridged yellow

Lipocarpha spp.

lipocarpha

Liquidambar styraciflua

sweetgum

Liriodendron tulipifera

tulip tree

Listera spp.

twayblade

Lobelia spp.

lobelia

except Lobelia cardinalis

flower, cardinal (OBL)

Lobelia floridana

lobelia, Florida (OBL)

Lophiola americana

golden-crest

Ludwigia hirtella

seedbox, hairy

Ludwigia maritima

seedbox, seaside

Ludwigia suffruticosa

seedbox, headed

Ludwigia virgata

seedbox, savanna

Lycopodium spp.

clubmoss

Lyonia lucida

fetter-bush

Lyonia mariana

fetter-bush

Macbridea spp.

birds-in-a-nest

Manisuris spp.

jointgrass

except M. cylindrica

jointgrass, pitted (FAC)

Marshallia graminifolia

barbara’s-buttons, grass-leaf

Marshallia tenuifolia

barbara’s-buttons, slim-leaf

Mecardonia spp.

mecardonia

Melanthera nivea

squarestem

Mitreola spp.

hornpod

Muhlenbergia schreberi

nimblewill

Myrica heterophylla

bayberry, evergreen

Myrica inodora

bayberry, odorless

Nemastylis floridana

pleatleaf, fall-flowering

Nemophila aphylla

baby-blue-eyes, small-flower

Oldenlandia spp.

bluets, water

Onoclea sensibilis

fern, sensitive

Osmunda cinnamomea

fern, cinnamon

Panicum abscissum (Hall)

cut-throat grass

Panicum dichotomiflorum

panicum, fall

Panicum dichotomum

panicum

Panicum pinetorum

panicum

Panicum repens

grass, torpedo

Panicum rigidulum

panicum, red-top

Panicum scoparium

panicum

Panicum spretum

panicum

Panicum verrucosum

panicum, warty

Panicum virgatum

switchgrass

Paspalum acuminatum

paspalum, brook

Paspalum boscianum

paspalum, bull

Paspalum floridanum

paspalum, Florida

Paspalum laeve

paspalum, field

Paspalum pubiflorum

paspalum, hairy-seed

Pavonia spicata

mangrove mallow

Philoxerus vermicularis

silverhead

Phyllanthus caroliniensis

leaf-flower, Carolina

Phyllanthus liebmannianus

leaf-flower, Florida

Physostegia purpurea

dragon-head, purple

Physostegia virginiana

dragon-head, false

Pieris phillyreifolia

fetter-bush, climbing

Pilea spp.

clearweed

Pinus glabra

pine, spruce

Pinus serotina

pine, pond

Platanus occidentalis

sycamore

Pluchea spp.

camphor-weed

Polygala spp.

milkwort

except Polygala cymosa

milkwort, tall yellow (OBL)

P. leptostachys

milkwort, sandhill (U)

Polygala lewtonii

milkwort, scrub (U)

Polygala polygama

milkwort, racemed (U)

P. verticillata

milkwort, whorled (U)

Polygonum virginianum

jumpseed

Ponthieva racemosa

shadow-witch

Populus deltoides

cotton-wood, eastern

Pteris tripartita

brake, giant

Ptilimnium capillaceum

mock bishop-weed

Pycnanthemum nudum

mountain-mint, coastal-plain

Quercus laurifolia

oak, laurel

Quercus michauxii

oak, swamp chestnut

Quercus nigra

oak, water

Quercus pagoda

oak, cherry-bark

Quercus phellos

oak, willow

Ranunculus spp.

butter-cup

Reimarochloa oligostachya

grass, Florida reimar

Rhapidophyllu m hystrix

palm, needle

Rhexia spp.

meadow-beauty

except Rhexia parviflora

meadow-beauty white (OBL)

Rhexia salicifolia

meadow-beauty panhandle (OBL)

Rhododendron viscosum

azalea, swamp

Rhynchospora spp.

beakrush

except R. cephalantha

beakrush, clustered (OBL)

R. chapmanii

beakrush, Chapman’s (OBL)

R. corniculata

beakrush, short-bristle (OBL)

R. decurrens

beakrush, swamp-forest (OBL)

R. divergens

beakrush, spreading (OBL)

R. harperi

beakrush, Harper’s (OBL)

R. inundata

beakrush, horned (OBL)

Rhynchospora macra

beakrush, large (OBL)

R. microcarpa

beakrush, southern (OBL)

R. miliacea

beakrush, millet (OBL)

Rhynchospora mixta

beakrush, mingled (OBL)

R. oligantha

beakrush, few-flower (OBL)

R. stenophylla

beakrush, Chapman’s (OBL)

Rhynchospora tracyi

beakrush, Tracy’s (OBL)

Rhynchospora grayi

beakrush, Gray’s (U)

R. intermedia

beakrush, pinebarren (U)

R. megalocarpa

beakrush, giant-fruited (U)

Roystonea spp.

palm, royal

Rudbeckia fulgida

coneflower, orange

Rudbeckia graminifolia

coneflower, grass-leaf

Rudbeckia laciniata

coneflower, cut-leaf

Rudbeckia nitida

coneflower, shiny

Ruellia noctiflora

wild-petunia, night-flowering

Rumex spp.

dock

Sabal minor

palmetto, dwarf

Sabatia spp.

rose-gentian

except Sabatia bartramii

rose-gentian, Bartram’s (OBL)

Sabatia calycina

rose-gentian, coast (OBL)

Sabatia dodecandra

rose-gentian, large (OBL)

Sachsia polycephala

sachsia

Sarracenia minor

pitcher-plant, hooded

Schoenolirion croceum

sunny bells

Schoenolirion elliottii

sunny bells

Schoenus nigricans

black-sedge

Scleria spp.

nutrush

Sclerolepis uniflora

hardscale, one flower

Selaginella apoda

spike-moss, meadow

Sesuvium spp.

sea-purslane

Sisyrinchium atlanticum

blue-eye-grass, eastern

Sisyrinchium capillare

blue-eye-grass

Sisyrinchium mucronatum

blue-eye-grass, Michaux’s

Solanum bahamense

canker-berry

Solanum erianthum

night-shade, shrub

Solidago fistulosa

golden-rod, marsh

Solidago leavenworthii

golden-rod, leavenworth’s

Solidago sempervirens

golden-rod, seaside

Solidago stricta

golden-rod, willow-leaf

Sophora tomentosa

coast sophora

Spartina bakeri

cordgrass, sand

Spartina patens

cordgrass, saltmeadow

Spermacoce glabra

button-plant, smooth

Sphenoclea zeylandica

chicken-spike

Sphenostigma coelestinum

ixia, Bartram’s

Spigelia loganioides

pink-root

Spilanthes americana

spotflower, creeping

Spiranthes spp.

ladies’-tresses

Sporobolus floridanus

dropseed, Florida

Staphylea trifolia

bladdernut, American

Stenandrium floridanum

stenandrium

Stenanthium gramineum

feather-bells, eastern

Stipa avenacioides

grass, Florida needle

Stokesia laevis

stokesia

Syngonanthus flavidulus

bantam-buttons

Teucrium canadense

germander, American

Thalictrum spp.

meadow-rue

Thelypteris spp.

shield fern

Tilia americana

American basswood

Toxicodendron vernix

poison sumac

Trachelosperm um difforme

climbing-dogbane

Trepocarpus aethusae

trepocarpus, aethusa-like

Trianthema portulacastrum

horse-purslane

Tridens ambiguus

tridens, savannah

Tridens strictus

tridens, long-spike

Triphora spp.

pogonias, nodding

Ulmus spp.

elm

except Ulmus rubra

elm, slippery (U)

Urechites lutea

allamanda, wild

Uvularia floridana

bellwort, Florida

Vaccinium corymbosum

blueberry, highbush

Verbena scabra

vervain, sandpaper

Verbesina chapmanii

crownbeard, Chapman’s

Verbesina heterophylla

crownbeard, diverse-leaf

Vernonia spp.

ironweed

except V. angustifolia

ironweed, narrow-leaf (U)

Veronicastrum virginicum

culver’s root

Viburnum dentatum

arrow-wood

Viburnum nudum

viburnum, possum-haw

Viburnum obovatum

viburnum, walter

Vicia acutifolia

vetch, four-leaf

Vicia floridana

vetch, Florida

Viola affinis

violet, Leconte’s

Viola esculenta

violet, edible

Viola primulifolia

violet, primrose-leaf

Woodwardia virginica

chainfern

Xanthorhiza simplicissima

yellow-root, shrubby

Xanthosoma sagittifolium

elephant ear

Xyris caroliniana

yellow-eyed-grass, Carolina

Xyris jupicai

yellow-eyed-grass, Richard’s

Yeatesia viridiflora

yeatesia, green-flower

Zephyranthes atamasco

lily, atamasco

Zigadenus densus

crow poison

Zigadenus glaberrimus

deathcamas, Atlantic

Within Monroe County and the Key Largo portion of Miami-Dade County only, the following species shall be listed as Facultative Wet:

Scientific Name

Common Name

Alternanthera maritima

beach alternanthera

Morinda royoc

Keys rhubarb

Strumpfia maritima

strumpia

(3) Facultative Species:

Scientific Name

Common Name

Acacia

ear-leaved acacia

Aletris spp.

colic-root

Alopecurus carolinianus

foxtail, tufted

Anagallis pumila

pimpernel, Florida

Andropogon arctatus (Campbell)

bluestem, savannah

Andropogon brachystachys (Campbell)

bluestem, short-spike

Andropogon gerardii (Campbell)

bluestem, big

Andropogon perangustatus (Campbell)

bluestem, slim

Andropogon virginicus (Campbell)

broom-sedge

Ardisia spp.

marlberry

Aristida rhizomophora

grass, rhizomatous three-awn

Aristida spiciformis

bottlebrush, three-awn

Aristida stricta

grass, pineland three-awn

Arundo donax

reed, giant

Aster dumosus

aster, bushy

Aster umbellatus

aster, flat-top white

Axonopus spp.

carpet grass

Baccharis dioica

false-willow, broom-bush

Baccharis glomeruliflora

groundsel tree

Baccharis halimifolia

false-willow, eastern

Bucida buceras

gregory wood

Bidens pilosa

beggar-ticks, hairy

Bumelia celastrina

bumelia, coastal

Bumelia lycioides

bumelia, buckthorn

Bumelia reclinata

bumelia

Campanula americana

bellflower, American

Canna x generalis

garden canna

Carphephorus odoratissimus

vanilla plant

Carphephorus paniculatus

deer-tongue

Casuarina spp.

casuarina

Cayaponia guingueloba

cyaponia, five-lobe

Cestrum diurnum

day jessamine

Chasmanthium latifolium

spanglegrass

Chasmanthium sessiliflorum

long-leaf Chasmanthium

Chiococca spp.

snowberry

Colubrina asiatica

snakewood, Asian

Conoclinium coelestinum

mistflower

Coreopsis tripteris

tickseed, tall

Cupaniopsis anacardioides

carrotwood

Cuphea carthagenensis

waxweed, Columbia

Cyperus cuspidatus

flatsedge, coastal-plain

Cyperus giganteus

flatsedge

Cyperus globulosus

flatsedge, baldwin

Cyperus huarmensis

flatsedge, black knotty-root

Cyperus metzii

flatsedge

Cyperus retrorsus

flatsedge

Cyperus rotundus

flatsedge, purple

Cypselea humifusa

panal

Cyrilla racemiflora

cyrilla, swamp

Dichondra caroliniensis

pony-foot

Digitaria serotina

crabgrass, dwarf

Diospyros virginiana

persimmon, common

Drymaria cordata

West Indian chickweed

Elytraria caroliniensis

scaly-stem, Carolina

Eragrostis spp.

lovegrass

Erechites hieraciifolia

fireweed

Erigeron guercifolius

fleabane

Erithralis fruticosa

black torchwood

Eryngium bladwini

coyote-thistle, Baldwin’s

Eupatorium spp.

thoroughworts

except E. leptophyllum

thoroughwort, secund (OBL)

E. leucolepis

thoroughwort, white-bract (FACW)

E. mikanioides

thoroughwort, semaphore (FACW)

E. perfoliatum

boneset, common (FACW)

Eustachys petracea

finger grass

Euthamia spp.

bushy goldenrod

Ficus aurea

fig, Florida strangler

Fimbristylis spathacea

hurricane-grass

Flaveria bidentis

yellowtop

Flaveria trinervia

yellowtop

Forestiera segregata

privet, Florida

Gaylussacia dumosa

dwarf huckleberry

Gaylussacia frondosa

dangleberry

Gratiola hispida

hyssop, hispid

Helenium amarum

sneezeweed, pasture

Helianthus floridanus

sunflower, Florida

Heliotropium curassavicum

heliotrope, seaside

Heliotropium polyphyllum

heliotrope

Hibiscus tiliaceus

rosemallow, sea

Hypericum hypericoides

St. Andrew’s cross

Ilex opaca var. opaca

American holly

Ilex vomitoria

yaupon holly

Jacquinia keyensis

Joewood

Juncus tenuis

rush, path

Kosteletzkya pentasperma

mallow, coastal

Lachnanthes caroliniana

redroot

Leptochloa virgata

sprangle-top, tropic

Liatris gracilis

blazing star

Liatris spicata

gayfeather, spiked

Lilium catesbaei

lily, southern red

Lindernia crustacea

false-pimpernel, Malayan

Linum floridanum

flax, Florida yellow

Linum medium

flax, stiff yellow

Lyonia ligustrina

maleberry

Manisuris cylindrica

joint grass, pitted

Maytenus phyllanthoides

Florida mayten

Melaleuca guinguenervia

punk tree

Melochia corchorifolia

chocolate-weed

Metopium toxiferum

poison wood

Mimosa pigra

mimosa, black

Morus rubra

mulberry, red

Muhlenbergia expansa

cutover muhly

Murdannia spp.

dewflower

Myosurus minimus

mouse-tail, tiny

Myrica cerifera

bayberry, southern

Myrsine guianensis

myrsine, guiana

Nephrolepis spp.

sword ferns

Neyraudia reynaudiana

reed, silk

Oplismenus setarius

grass, woods

Oryza sativa

rice, cultivated

Panicum anceps

panicum, beaked

Panicum commutatum (Hall)

panicum

Panicum hians

panicum, gaping

Panicum strigosum

panicum

Panicum tenue

panicum

Parietaria spp.

pellitory

Paspalum conjugatum

paspalum, sour

Paspalum dilatatum

dallisgrass

Paspalum fimbriatum

paspalum, Panama

Paspalum plicatulum

paspalum, brown-seed

Paspalum setaceum

paspalum, thin

Paspalum urvillei

grass, vasey

Pennisetum purpureum

elephant ear grass

Phalaris spp.

grass, canary

Phyla spp.

frog-fruit

Phyllanthus urinaria

leaf-flower, water

Piriqueta caroliniana

piriqueta

Polypogon spp.

grass, rabbit-foot

Polypremium procumbens

rustweed

Psidium cattleianun

guava, strawberry

Psychotria spp.

wild coffee

Rhodomyrtus tomentosus

downy rose myrtle

Rubus spp.

blackberries

Ruellia brittoniana

wild-petunia, Britton’s

Ruellia caroliniensis

wild petunia

Sabal palmetto

palm, cabbage

Sacciolepis indica

grass, glenwood

Sambucus canadensis

elderberry

Sapium sebiferum

tallow-tree, Chinese

Schinus terebinthifolius

pepper-tree, Brazilian

Schizachyrium spp.

bluestem

Scoparia dulcis

sweet broom

Scutellaria floridana

skullcap

Scutellaria integrifolia

rough skullcap

Sebastiana fruticosa

sebastian-bush, gulf

Sesbania spp.

rattle-bush

Setaria geniculata

grass, bristle

Seymeria cassiodes

black senna

Solidago rugosa

golden-rod, wrinkled

Stillingia sylvatica var. tenuis

queen’s-delight, marsh

Suriana maritima

bay-cedar

Syzygium spp.

Java plum

Thespesia populnea

seaside mahoe

Tradescantia fluminensis

trailing spiderwort

Trema spp.

trema

Tripsacum dactyloides

grass, eastern gama

Vaccinium elliottii

blueberry, Elliott

Verbesina virginica

crownbeard, white

Wedelia trilobata

creeping ox-eye

Within Monroe County and the Key Largo portion of Miami-Dade County only, the following species shall be listed as Facultative:

Scientific Name

Common Name

Alternanthera paronychioides

Smooth chaff-flower

Byrsonima lucida

locust-berry

Ernodea littoralis

golden creeper

Guapira discolor

blolly

Manilkara bahamensis

wild dilly

Pisonia rotundata

pisonia

Pithecellobium keyensis

blackbead

Pithecellobium unguis-cati

catsclaw

Randia aculeata

box briar

Reynosia septentrionalis

darling plum

Thrinax radiata

Florida thatch palm

(4) Nomenclature. Use of plants in this rule is based solely on the scientific names. Common names are included in the above lists for information purposes only. The following references shall be used by the regulating agency to resolve any uncertainty about the nomenclature or taxonomy of any plant listed by a given scientific name in this section: R. Godfrey, Trees, Shrubs and Woody Vines of Northern Florida and Adjacent Georgia & Alabama (Univ. Ga. Press, Athens 1988) and D. Lellinger, Ferns & Fern-Allies of the United States & Canada (Smithsonian Institution Press, Washington D.C. 1985) for all species covered by these references. For all other listed scientific names the following references will be followed unless the species list in this section designates a different authority next to an individual species name: R. Godfrey & J. Wooten, Aquatic and Wetland Plants of Southeastern United States: Monocotyledons (Univ. Ga. Press, Athens 1979); R. Godfrey & J. Wooten, Aquatic and Wetland Plants of Southeastern United States: Dicotyledons (Univ. Ga. Press, Athens 1979); D. & H. Correll, Flora of the Bahama Archipelago (A.R. Gantner, Germany 1982). When the species list in this section designates a different authority next to an individual species name, the regulating agency shall resolve any ambiguity in nomenclature by using the name identified in D. Hall, The Grasses of Florida (Doctoral Dissertation, Univ. of Fla., Gainesville 1978); or C. Campbell, Systematics of the Andropogon Virginicus Complex (GRAMINEAE), 64 Journal of the Arnold Arboretum 171-254 (1983).

History

• Rulemaking Authority 373.421 FS. Law Implemented 373.421, 373.4211 FS. History–New 7-1-94, Formerly 17-340.450.

Fla. Admin. Code R. 62-340.500 Hydrologic Indicators

The indicators below may be used as evidence of inundation or saturation when used as provided in Rule 62-340.300, F.A.C. Several of the indicators reflect a specific water elevation. These specific water elevation indicators are intended to be evaluated with meteorological information, surrounding topography and reliable hydrologic data or analyses when provided, to ensure that such indicators reflect inundation or saturation of a frequency and duration sufficient to meet the wetland definition in subsection 62-340.200(19), F.A.C., and not rare or aberrant events. These specific water elevation indicators are not intended to be extended from the site of the indicator into surrounding areas when reasonable scientific judgment indicates that the surrounding areas are not wetlands as defined in subsection 62-340.200(19), F.A.C.

(1) Algal mats. The presence or remains of nonvascular plant material which develops during periods of inundation and persists after the surface water has receded.

(2) Aquatic mosses or liverworts on trees or substrates. The presence of those species of mosses or liverworts tolerant of or dependent on surface water inundation.

(3) Aquatic plants. Defined in subsection 62-340.200(1), F.A.C.

(4) Aufwuchs. The presence or remains of the assemblage of sessile, attached or free-living, nonvascular plants and invertebrate animals (including protozoans) which develop a community on inundated surfaces.

(5) Drift lines and rafted debris. Vegetation, litter, and other natural or manmade material deposited in discrete lines or locations on the ground or against fixed objects, or entangled above the ground within or on fixed objects in a form and manner which indicates that the material was waterborne. This indicator should be used with caution to ensure that the drift lines or rafted debris represent usual and recurring events typical of inundation or saturation at a frequency and duration sufficient to meet the wetland definition of subsection 62-340.200(19), F.A.C.

(6) Elevated lichen lines. A distinct line, typically on trees, formed by the water-induced limitation on the growth of lichens.

(7) Evidence of aquatic fauna. The presence or indications of the presence of animals which spend all or portions of their life cycle in water. Only those life stages which depend on being in or on water for daily survival are included in this indicator.

(8) Hydrologic data. Reports, measurements, or direct observation of inundation or saturation which support the presence of water to an extent consistent with the provisions of the definition of wetlands and the criteria within this rule, including evidence of a seasonal high water table at or above the surface according to methodologies set forth in Soil and Water Relationships of Florida's Ecological Communities (Florida Soil Conservation Staff 1992).

(9) Morphological plant adaptations. Specialized structures or tissues produced by certain plants in response to inundation or saturation which normally are not observed when the plant has not been subject to conditions of inundation or saturation.

(10) Secondary flow channels. Discrete and obvious natural pathways of water flow landward of the primary bank of a stream watercourse and typically parallel to the main channel.

(11) Sediment deposition. Mineral or organic matter deposited in or shifted to positions indicating water transport.

(12) Vegetated tussocks or hummocks. Areas where vegetation is elevated above the natural grade on a mound built up of plant debris, roots, and soils so that the growing vegetation is not subject to the prolonged effects of soil anoxia.

(13) Water marks. A distinct line created on fixed objects, including vegetation, by a sustained water elevation.

History

• Rulemaking Authority 373.421 FS. Law Implemented 373.421, 373.4211 FS. History–New 7-1-94, Formerly 17-340.500.

Fla. Admin. Code R. 62-340.550 Wetland Hydrology

A wetland delineation using the methodology described above, can be refuted by either reliable hydrologic records or site specific hydrologic data which indicate that neither inundation for at least seven consecutive days, nor saturation for at least twenty consecutive days, occurs during conditions which represent long-term hydrologic conditions. Hydrologic records or site specific hydrologic data must be of such a duration, frequency, and accuracy to demonstrate that the records or data are representative of the long-term hydrologic conditions, including the variability in quantity and seasonality of rainfall. When sufficient amounts of either reliable hydrologic records or site specific hydrologic data are not available to prove that the wetland area of concern does not inundate or saturate as described above, a site-specific field-verified analytic or numerical model may be used to demonstrate that the wetland area no longer inundates or saturates regularly or periodically under typical long-term hydrologic conditions. Before initiating the use of a model to evaluate if a wetland delineation should be refuted based on hydrologic conditions, the applicant or petitioner shall first meet with the appropriate regulating agency and reach an agreement on the terms of study, including data collection, the specific model, model development and calibration, and model verification. If the data, analyses, or models are deemed inadequate based on the hydrologic conditions being addressed, the regulating agency shall provide a case-by-case review of the applicability of any data, analyses, or models and shall provide specific reasons, based on generally accepted scientific and engineering practices, why they are inadequate.

History

• Rulemaking Authority 373.421 FS. Law Implemented 373.421, 373.4211 FS. History–New 7-1-94, Formerly 17-340.550.

Fla. Admin. Code R. 62-340.600 Surface Waters

(1) For the purposes of Section 373.421, F.S., surface waters are waters on the surface of the earth, contained in bounds created naturally or artificially, including, the Atlantic Ocean, the Gulf of Mexico, bays, bayous, sounds, estuaries, lagoons, lakes, ponds, impoundments, rivers, streams, springs, creeks, branches, sloughs, tributaries, and other watercourses. However, state water quality standards apply only to those waters defined in Section 403.031(13), F.S.

(2) The landward extent of a surface water in the State for the purposes of implementing Section 373.414, F.S., shall be the more landward of the following:

(a) Wetlands as located by Rule 62-340.300, F.A.C., of this chapter;

(b) The mean high water line elevation for tidal water bodies;

(c) The ordinary high water line for non-tidal natural water bodies;

(d) The top of the bank for artificial lakes, borrow pits, canals, ditches and other artificial water bodies with side slopes of 1 foot vertical to 4 feet horizontal or steeper, excluding spoil banks when the canals and ditches have resulted from excavation into the ground, or

(e) The seasonal high water line for artificial lakes, borrow pits, canals, ditches, and other artificial water bodies with side slopes flatter than 1 foot vertical to 4 feet horizontal along with any artificial water body created by diking or impoundment above the ground.

(3) Determinations made pursuant to paragraphs (2)(b) and (2)(c), shall be for regulatory purposes and are not intended to be a delineation of the boundaries of lands for the purposes of title.

History

• Rulemaking Authority 373.421 FS. Law Implemented 373.421, 373.4211, 403.031(13) FS. History–New 7-1-94, Formerly 17-340.600.

Fla. Admin. Code R. 62-340.700 Exemptions for Treatment or Disposal Systems

(1) Alteration and maintenance of the following shall be exempt from the rules adopted by the department and the water management districts to implement Sections 373.414(1) through 373.414(6), 373.414(8) and 373.414(10), F.S.; and Section 373.414(7), F.S., regarding any authority to apply state water quality standards within any works, impoundments, reservoirs, and other watercourses described in this subsection and any authority granted pursuant to Section 373.414, F.S. (1991):

(a) Works, impoundments, reservoirs, and other watercourses constructed and operated solely for wastewater treatment or disposal in accordance with a valid permit reviewed or issued under Rules 62-28.700, 62-302.520, F.A.C., Chapter 62-17, 62-600, 62-610, 62-640, 62-650, 62-660, 62-670, 62-671, 62-673, or 62-701, F.A.C., or Section 403.0885, F.S., or rules implementing Section 403.0885, F.S., except for treatment wetlands or receiving wetlands permitted to receive wastewater pursuant to Chapter 62-611, F.A.C., or Section 403.0885, F.S., or its implementing rules;

(b) Works, impoundments, reservoirs, and other watercourses constructed solely for wastewater treatment or disposal before a construction permit was required under Chapter 403, F.S., and operated solely for wastewater treatment or disposal in accordance with a valid permit reviewed or issued under Rules 62-28.700, 62-302.520, F.A.C., Chapters 62-17, 62-600, 62-610, 62-640, 62-650, 62-660, 62-670, 62-671, 62-673, or 62-701, F.A.C., or Section 403.0885, F.S., or rules implementing Section 403.0885, F.S., except for treatment wetlands or receiving wetlands permitted to receive wastewater pursuant to Chapter 62-611, F.A.C., or section 403.0885, F.S., or its implementing rules;

(c) Works, impoundments, reservoirs, and other watercourses of less than 0.5 acres in combined area on a project-wide basis, constructed and operated solely for stormwater treatment in accordance with a noticed exemption under Chapter 62-25, F.A.C., or a valid permit issued under Chapters 62-25 (excluding Rule 62-25.042, F.A.C.), 62-330, 40B-4, 40C-4, 40C-42 (excluding Rule 40C-42.0265, F.A.C.), 40C-44, 40D-4, 40D-40, 40D-45, or 40E-4, F.A.C., except those permitted as wetland stormwater treatment systems, or

(d) Works, impoundments, reservoirs, and other watercourses of less than 0.5 acres in combined area on a project-wide basis, constructed and operated solely for stormwater treatment before a permit was required under Chapter 62-25, 40B-4, 40C-4, 40C-42, 40C-44, 40D-4, 40D-40, 40D-45, or 40E-4, F.A.C.

(2) Alteration and maintenance of the following shall be exempt from the rules adopted by the department and the water management districts to implement Sections 373.414(1), 373.414(2)(a), 373.414(8), and 373.414(10), F.S.; and Sections 373.414(3) through 373.414(6), F.S.; and Section 373.414(7), F.S., regarding any authority to apply state water quality standards within any works, impoundments, reservoirs, and other watercourses described in this subsection and any authority granted pursuant to Section 373.414, F.S. (1991), except for authority to protect threatened and endangered species in isolated wetlands:

(a) Works, impoundments, reservoirs, and other watercourses of 0.5 acre or greater in combined area on a project-wide basis, constructed and operated solely for stormwater treatment in accordance with a noticed exemption under Chapter 62-25, F.A.C., or a valid permit issued under Chapters 62-25 (excluding Rule 62-25.042, F.A.C.), 62-330, 40B-4, 40C-4, 40C-42 (excluding Rule 40C-42.0265, F.A.C.), 40C-44, 40D-4, 40D-40, 40D-45, 40E-4, F.A.C., except those permitted as wetland stormwater treatment systems, or

(b) Works, impoundments, reservoirs, and other watercourses of 0.5 acres or greater in combined area on a project-wide basis, constructed and operated solely for stormwater treatment before a permit was required under Chapter 62-25, 40B-4, 40C-4, 40C-42, 40C-44, 40D-4, 40D-40, 40D-45, or 40E-4, F.A.C.

(3) The exemptions in subsections 62-340.700(1) and (2), shall not apply to works, impoundments, reservoirs or other watercourses that:

(a) Are currently wetlands which existed before construction of the stormwater treatment system and were incorporated in it;

(b) Are proposed to be altered through expansion into wetlands or other surface waters, or

(c) Are wetlands created, enhanced, or restored as mitigation for wetland or surface water impacts under a permit issued by the Department or a water management district.

(4) Alterations and maintenance of works, impoundments, reservoirs, and other watercourses exempt under this subsection shall not be considered in determining whether any wetland permitting threshold is met or exceeded under Part IV of Chapter 373, F.S.

(5) Works, impoundments, reservoirs, and other watercourses exempt under this subsection, other than isolated wetlands in systems described in subsection 62-340.700(2), F.A.C., above, shall not be delineated under Section 373.421, F.S.

(6) This exemption shall not affect the application of state water quality standards, including those applicable to Outstanding Florida Waters, at the point of discharge to waters as defined in Section 403.031(13), F.S.

(7) As used in this subsection, “solely for” means the reason for which a work, impoundment, reservoir, or other watercourse is constructed and operated; and such construction and operation would not have occurred but for the purposes identified in subsection 62-340.700(1) or 62-340.700(2), F.A.C. Furthermore, the phrase does not refer to a work, impoundment, reservoir, or other watercourse constructed or operated for multiple purposes. Incidental uses, such as occasional recreational uses, will not render the exemption inapplicable, so long as the incidental uses are not part of the original planned purpose of the work, impoundment, reservoir, or other watercourse. However, for those works, impoundments, reservoirs, or other watercourses described in paragraphs 62-340.700(1)(c) and 62-340.700(2)(a), F.A.C., use of the system for flood attenuation, whether originally planned or unplanned, shall be considered an incidental use, so long as the works, impoundments, reservoirs, and other watercourses are no more than 2 acres larger than the minimum area required to comply with the stormwater treatment requirements of the district or department. For the purposes of this subsection, reuse from a work, impoundment, reservoir, or other watercourse is part of treatment or disposal.

History

• Rulemaking Authority 373.414(9) FS. Law Implemented 373.414(9), 373.4142 FS. History–New 7-1-94, Formerly 17-340.700.

Fla. Admin. Code R. 62-340.750 Exemption for Surface Waters or Wetlands Created by Mosquito Control Activities

Construction, alteration, operation, maintenance, removal, and abandonment of stormwater management systems, dams, impoundments, reservoirs, appurtenant works, or works, in, on or over lands that have become surface waters or wetlands solely because of mosquito control activities undertaken as part of a governmental mosquito control program, and which lands were neither surface waters nor wetlands before such activities, shall be exempt from the rules adopted by the department and water management districts to implement Sections 373.414(1) through 373.414(6), 373.414(8), and 373.414(10), and 373.414(7), F.S., regarding any authority granted pursuant to Section 373.414, F.S. (1991). Activities exempted under this section shall not be considered in determining whether any wetland permitting threshold is met or exceeded under Part IV of Chapter 373, F.S. This exemption shall not affect the regulation of impacts on other surface waters or wetlands, or the application of state water quality standards to waters as defined in Section 403.031(23), F.S., including standards applicable to Outstanding Florida Waters.

History

• Rulemaking Authority 373.414(9) FS. Law Implemented 373.414(9) FS. History–New 7-1-94, Formerly 17-340.750, Reviewed 7-17-26.

Chapter 62-341 NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS

Fla. Admin. Code R. 62-341.021 Definitions

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 10-1-07, Transferred to 62-330.021.

Fla. Admin. Code R. 62-341.201 Policy and Purpose

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 2-19-03, 10-1-07, Transferred to 62-330.401.

Fla. Admin. Code R. 62-341.215 General Conditions for All Noticed General Permits

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.044, 373.406(5), 373.118(1), 373.129, 373.136, 373.413, 373.414(9), 373.4145, 373.416, 373.422, 373.423, 373.429 FS. History–New 10-3-95, Amended 10-1-07, Transferred to 62-330.405.

Fla. Admin. Code R. 62-341.417 General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), (5), 373.406(5), 373.413, 373.414(1), (9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 12-9-09, Transferred to 62-330.417.

Fla. Admin. Code R. 62-341.427 General Permit for Certain Piers and Associated Structures

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Transferred to 62-330.427.

Fla. Admin. Code R. 62-341.428 General Permit for Floating Vessel Platforms and Floating Boat Lifts

History

• Rulemaking Authority 373.026(7), 373.043, 373.044, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1), 403.813(1), 403.814(1) FS. Law Implemented 253.04, 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426, 403.813(1), 403.814(1) FS. History–New 8-4-05, Transferred to 62-330.428.

Fla. Admin. Code R. 62-341.431 General Permit for Installation of Riprap

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Transferred to 62-330.431.

Fla. Admin. Code R. 62-341.437 General Permit for the Installation of Fences

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Transferred to 62-330.437.

Fla. Admin. Code R. 62-341.439 General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings, and Bridges of Artificial Waterways

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Transferred to 62-330.439.

Fla. Admin. Code R. 62-341.443 General Permit to the Florida Department of Transportation, Counties and Municipalities for Minor Bridge Alteration, Replacement, Maintenance and Operation

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.419 FS. History–New 10-3-95, Amended 10-1-07, Transferred to 62-330.443.

Fla. Admin. Code R. 62-341.447 General Permit to the Florida Department of Transportation, Counties, and Municipalities for Minor Activities Within Existing Rights-of-Way or Easements

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.419 FS. History–New 10-3-95, Amended 10-1-07, Transferred to 62-330.447.

Fla. Admin. Code R. 62-341.448 General Permit to Counties and Municipalities to Pave Existing County or Municipally Owned and Maintained Roads, including the Repair and Replacement of Bridges that are Part of the Roadway

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1), 403.813(1)(t) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418, 373.419, 403.813(1)(t) FS. History–New 2-22-07, Amended 10-1-07, Transferred to 62-330.448.

Fla. Admin. Code R. 62-341.453 General Permit for Installation, Maintenance, Repair, and Removal of Underground Cable, Conduit, or Pipeline

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Transferred to 62-330.453.

Fla. Admin. Code R. 62-341.455 General Permit for the Construction of Aerial Pipeline, Cable, and Conduit Crossings of Certain Waters

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Transferred to 62-330.455.

Fla. Admin. Code R. 62-341.457 General Permit for Subaqueous Utility Crossings of Artificial Waterways

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Transferred to 62-330.457.

Fla. Admin. Code R. 62-341.463 General Permit for the Construction and Operation of Culverts and Associated Water Control Structures in Mosquito Control Impoundments by Governmental Mosquito Control Agencies

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Transferred to 62-330.463.

Fla. Admin. Code R. 62-341.467 General Permit for Breaching Mosquito Control Impoundments by Governmental Mosquito Control Agencies

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Transferred to 62-330.467.

Fla. Admin. Code R. 62-341.475 General Permit for Minor Activities

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Transferred to 62-330.475.

Fla. Admin. Code R. 62-341.476 General Permit for Private Single-Family Residences Within Jupiter Farms, Palm Beach County

History

• Rulemaking Authority 373.026, 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 2-19-03, Amended 11-3-04, Transferred to 62-330.476.

Fla. Admin. Code R. 62-341.483 General Permit to the Department and Water Management Districts to Conduct Minor Activities

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418 FS. History–New 10-3-95, Amended 10-1-07, Transferred to 62-330.483.

Fla. Admin. Code R. 62-341.485 General Permit to the Department and Water Management Districts for Environmental Restoration or Enhancement

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 10-1-07, Transferred to 62-330.485.

Fla. Admin. Code R. 62-341.486 General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.118, 373.406, 373.414(9) FS. Law Implemented 373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.414(9), 373.416, 373.418, 373.419, 373.422, 373.423, 373.426 FS. History–New 12-5-06, Transferred to 62-330.630.

Fla. Admin. Code R. 62-341.487 General Permit to the Department and Water Management Districts to Change Operating Schedules for Water Control Structures

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.416, 373.418 FS. History–New 10-3-95, Amended 10-1-07, Transferred to 62-330.487.

Fla. Admin. Code R. 62-341.490 Noticed General Permit for Dredging by the West Coast Inland Navigation District

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1), 403.814(1) FS. Law Implemented 253.002, 253.77(4), 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.426, 403.813(1)(f), 403.813(2), 403.814(1) FS. History–New 8-4-02, Transferred to 62-330.410.

Fla. Admin. Code R. 62-341.491 Noticed General Permit for Raising the Height of Existing Earthen Embankments for Impoundments at Facilities for Mining Sand and Limestone

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 9-4-05, Transferred to 62-330.491.

Fla. Admin. Code R. 62-341.492 Noticed General Permit for Prospecting

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 9-4-05, Transferred to 62-330.492.

Fla. Admin. Code R. 62-341.494 Noticed General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1), 403.814(1) FS. Law Implemented 253.002, 253.77(1), 253.77(4), 258.42, 373.118(1), 373.406(5), 373.413, 373.414(1), 373.414(1)(b), 373.414(9), 373.416, 373.426, 403.061(34), 403.813(3), 403.814(1) FS. History–New 2-18-10, Transferred to 62-330.441.

Fla. Admin. Code R. 62-341.495 General Permit to the U.S. Forest Service for Minor Works within National Forests

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Transferred to 62-330.505.

Fla. Admin. Code R. 62-341.500 General Permit for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118, 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 9-4-05, Transferred to 62-330.500.

Fla. Admin. Code R. 62-341.600 General Permit for the Construction of Artificial Reefs

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Transferred to 62-330.600.

Fla. Admin. Code R. 62-341.601 General Permit for Clam and Oyster Culture on Sovereignty Submerged Lands Aquaculture Leases

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Repealed 10-1-07.

Fla. Admin. Code R. 62-341.602 General Permit for Installation and Maintenance of Intake and Discharge Pipes Associated with Marine Bivalve Facilities

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Transferred to 62-330.602.

Fla. Admin. Code R. 62-341.603 General Permit for Non-nursery Cultivation and Wild Collection of Aquatic Plants

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-341.610 General Permit to Perform Prospecting Activities for Phosphate Minerals

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Transferred to 62-330.493.

Fla. Admin. Code R. 62-341.611 General Permit for Temporary Dragline Crossings of Waterways

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Transferred to 62-330.494.

Fla. Admin. Code R. 62-341.612 General Permit for Low Water Crossings

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Transferred to 62-330.495.

Fla. Admin. Code R. 62-341.620 General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Transferred to 62-330.458.

Fla. Admin. Code R. 62-341.621 General Permit for Relocation of Aerial Electric and Communication Lines Associated with Road Improvement Projects

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-3-95, Transferred to 62-330.459.

Fla. Admin. Code R. 62-341.630 General Permit for Single Family Residential Lots Within the Indian Trail Water Control District

History

• Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 4-3-96, Transferred to 62-330.477.

Fla. Admin. Code R. 62-341.900 Noticed General Permit Forms

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414(9), 373.4145, 373.418 FS. Law Implemented 373.118, 373.406(5), 373.413, 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 9-4-05, Amended 10-1-07, Transferred to 62-330.901.

Chapter 62-342 MITIGATION BANKS

Fla. Admin. Code R. 62-342.100 Intent

(1) The Department recognizes that, in certain instances, adverse impacts of activities regulated under Part IV of Chapter 373, F.S., can be offset through the utilization of mitigation credits from a permitted Mitigation Bank. This rule provides criteria for this mitigation alternative to complement existing mitigation criteria and requirements. This chapter is supplemental to and does not supersede any other criteria and requirements in rules promulgated under Part IV of Chapter 373, F.S.

(2) The responsibilities for implementing this chapter are described in Operating and Delegation Agreements between the Department of Environmental Protection (“Department”) and the water management districts (“Districts”). The Agreements are incorporated by reference in subsection 62-113.100(3), F.A.C. The term “Agency” applies to the Department or a District, as applicable, throughout this chapter.

(3) The Agency intends that Mitigation Banks be used to minimize mitigation uncertainty associated with traditional mitigation practices and provide greater assurance of mitigation success. It is anticipated that the consolidation of multiple mitigation projects into larger contiguous areas will provide greater assurance that the mitigation will yield long-term, sustainable, regional ecological benefits. Mitigation Banks shall be consistent with Agency endorsed watershed management objectives and emphasize restoration and enhancement of degraded ecosystems and the preservation of uplands and wetlands as intact ecosystems rather than alteration of landscapes to create wetlands. This is best accomplished through restoration of ecological communities that were historically present. The establishment and use of Mitigation Banks in or adjacent to areas of national, state, or regional ecological significance is encouraged, provided the area in which the Mitigation Bank is proposed to be located is determined appropriate for a Mitigation Bank and the Mitigation Bank meets all applicable permitting criteria.

(4) Nothing in this chapter shall affect the mitigation requirements set forth in any Mitigation Bank agreement or any permit issued under Chapter 84-79, Laws of Florida, or Part IV of Chapter 373, F.S., prior to February 2, 1994. If a permittee wishes to substantially modify a Mitigation Bank previously established by agreement or permit, the permittee must comply with this chapter. Additionally, some Mitigation Banks may be subject to the version of this section existing prior to July 1, 1996, under Sections 373.4136(9) and (10), F.S., and will not be affected by amendments adopted after that date. This chapter does not prohibit an applicant from proposing project-specific, pre-construction on-site or off-site mitigation, without establishing a Mitigation Bank.

History

• Rulemaking Authority 373.4131, 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.100, Amended 5-21-01, 2-19-15, Reviewed 7-17-26.

Fla. Admin. Code R. 62-342.200 Definitions

Terms used in this chapter shall have the meanings specified below.

(1) “Banker” means an entity that creates, operates, manages, or maintains a Mitigation Bank pursuant to a Mitigation Bank Permit.

(2) “Department” means the Department of Environmental Protection.

(3) “District” means a water management district as established in Chapter 373, F.S.

(4) “Ecological Value” means the value of functions performed by uplands, wetlands and other surface waters to the abundance, diversity, and habitats of fish, wildlife, and listed species. These functions include, but are not limited to: providing cover and refuge; breeding, nesting, denning, and nursery areas; corridors for wildlife movement; food chain support; and natural water storage, natural flow attenuation, and water quality improvement, which enhance fish, wildlife and listed species utilization.

(5) “Mitigation Credit” means a standard unit of measure which represents the increase in ecological value resulting from restoration, enhancement, preservation, or creation activities.

(6) “Mitigation Service Area” means the geographic area within which Mitigation Credits from a Mitigation Bank may be used to offset adverse impacts of activities regulated under Part IV of Chapter 373, F.S.

(7) “Mitigation Bank Permit” means a permit issued to a banker to construct, operate, manage and maintain a Mitigation Bank.

(8) “Mitigation Bank” means a project permitted under Section 373.4136, F.S., undertaken to provide for the withdrawal of mitigation credits to offset adverse impacts authorized by a permit under Part IV of Chapter 373, F.S.

(9) “Regional Watershed” means a watershed as delineated in the following maps. (Figures 1, 2, 3, 4, and 5.)

Figure 1: Northwest Florida Water Management District ‒ “Regional Watersheds of the NWFWMD for Mitigation Banks, 7 Watersheds” (February 19, 2015), which is incorporated by reference herein.

Figure 2: Suwannee River Water Management District – “Watersheds of the SRWMD Mitigation Banks, 7 Watersheds” (February 19, 2015), which is incorporated by reference herein.

Figure 3: St. Johns River Water Management District – “Regional Watersheds for Mitigation Banking” (October 1, 2013), Appendix A, Figure 10.2.8-2, Applicants Handbook Volume II, which is incorporated by reference in subparagraph 62-330.010(4)(b)3., F.A.C., [October 1, 2013] (http://www.flrules.org/Gateway/reference.asp?No=Ref-03181), and in subsections 40C-4.091(1) [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02524), 40C-42.091(1) [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02525), and 40C-44.091(1), F.A.C., [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02526).

Figure 4: Southwest Florida Water Management District – “Drainage Basins and Watersheds within the Southwest Florida Water Management District” (October 1, 2013), Figure 2.6, Applicants Handbook Volume II, is incorporated by reference in subparagraph 62-330.010(4)(b)4., F.A.C., [October 1, 2013] (http://www.flrules.org/Gateway/reference.asp?No=Ref-03176), and in rule 40D-4.091, F.A.C., [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02527).

Figure 5: South Florida Water Management District – Appendix D: “SFWMD Basins for Cumulative Impact Assessments & Mitigation Bank Service Areas” (October 1, 2013), Applicants Handbook Volume II, including Appendices A through D, is incorporated by reference in subparagraph 62-330.010(4)(b)5., F.A.C., [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02528), and in paragraph 40E-4.091(1)(a), F.A.C., [October 1, 2013] (https://www.flrules.org/Gateway/reference.asp?No=Ref-02529).

A copy of the incorporated material identified above also may be obtained from the Agency Internet site or by contacting staff in an Agency office identified in the “References and Design Aids, Volume I,” available at https://www.swfwmd.state.fl.us/sites/default/files/medias/documents/DesignAidsAH-I.pd_.pdf.

Figure 1: Northwest Florida Water Management District ‒ “Regional Watersheds of the NWFWMD for Mitigation Banks, 7 Watersheds” (February 19, 2015)

Figure 2: Suwannee River Water Management District ‒ “Watersheds of the SRWMD Mitigation Banks, 7 Watersheds” (February 19, 2015)

Figure 3: St. Johns River Water Management District ‒ “Regional Watersheds for Mitigation Banking” (October 1, 2013)

Figure 4: Southwest Florida Water Management District ‒ “Drainage Basins and Watersheds within the Southwest Florida Water Management District” (October 1, 2013)

Figure 5: South Florida Water Management District – Appendix D: “SFWMD Basins for Cumulative Impact Assessments & Mitigation Bank Service Areas” (October 1, 2013)

(10) “Success” means when a Mitigation Bank meets the success criteria provided in the Mitigation Bank Permit and in section 10.3.6 of Applicant’s Handbook, Volume I, incorporated by reference in Rule 62-330.010, F.A.C.

History

• Rulemaking Authority 373.4131, 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.200, Amended 12-12-94, 8-21-00, 5-21-01, 2-19-15, Reviewed 7-17-26.

Fla. Admin. Code R. 62-342.300 Use of a Mitigation Bank

History

• Rulemaking Authority 373.4136(11) FS. Law Implemented 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.300, Amended 5-21-01, Repealed 2-16-12.

Fla. Admin. Code R. 62-342.400 Criteria for Establishing a Mitigation Bank

The following criteria shall be met to establish a Mitigation Bank:

(1) The banker shall provide reasonable assurance that the proposed Mitigation Bank will:

(a) Improve ecological conditions of the regional watershed;

(b) Provide viable and sustainable ecological and hydrological functions for the proposed mitigation service area;

(c) Be effectively managed in perpetuity;

(d) Not destroy areas with high ecological value;

(e) Achieve mitigation success; and,

(f) Be adjacent to lands which will not adversely affect the perpetual viability of the Mitigation Bank due to unsuitable land uses or conditions.

(2) The banker shall also provide reasonable assurance that any surface water management system to be constructed, altered, operated, maintained, abandoned, or removed within the Mitigation Bank area will meet conditions of issuance of Part IV of Chapter 373, F.S., and the rules adopted thereunder.

(3) A Mitigation Bank may be implemented in phases if each phase independently meets the requirements of subsections 62-342.400(1) and (2), above.

(4) The banker shall:

(a) Have sufficient legal or equitable interest in the property to meet the requirements of Rule 62-342.650, F.A.C.; and,

(b) Meet the financial responsibility requirements of Rule 62-342.700, F.A.C.

History

• Rulemaking Authority 373.4136(11) FS. Law Implemented 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.400, Amended 5-21-01, Reviewed 7-17-26.

Fla. Admin. Code R. 62-342.450 Mitigation Bank Permit and Mitigation Bank Conceptual Approval Applications

Any person or entity proposing to establish a Mitigation Bank must apply for a Mitigation Bank Permit. An application for a Mitigation Bank Permit shall also constitute an application for any required permit authorized under part IV of Chapter 373, F.S. Mitigation Bank Permit applications shall be processed according to Chapter 120, F.S. The Agency will process and take action on all permit applications under Part IV of Chapter 373, F.S., necessary for the implementation of any Mitigation Bank for which it has responsibility under the operating agreements between the Department and the Districts incorporated by reference in Rule 62-113.100, F.A.C. A person or entity who wishes to obtain an estimation of the legal and financial requirements necessary for a Mitigation Bank, information necessary for evaluation of a Mitigation Bank Permit application, and potential Mitigation Credits to be awarded under a Mitigation Bank Permit, may apply for a Mitigation Bank Conceptual Approval Permit. To provide the Agency with reasonable assurances that the proposed Mitigation Bank will meet the criteria in Section 373.4136, F.S., and in this chapter, and that any proposed system will meet the applicable criteria of Part IV of Chapter 373, F.S., each Mitigation Bank Permit application submitted to the Agency shall include the information required under Part IV of Chapter 373, F.S., as applicable, and the information specified below as appropriate for the proposed bank:

(1) A description of the location of the proposed Mitigation Bank which shall include:

(a) A map at regional scale showing the project area in relation to the regional watershed and proposed mitigation service area;

(b) A vicinity map showing the project area in relation to adjacent lands and offsite areas of ecologic or hydrologic significance which could affect the perpetual viability or ecological value of the bank;

(c) An aerial photograph identifying boundaries of the project area;

(d) A highway map showing points of access to the Mitigation Bank for site inspection; and,

(e) A legal description of the proposed Mitigation Bank.

(2) A description of the ecological significance of the proposed Mitigation Bank to the regional watershed in which it is located.

(3) A description and assessment of current site conditions which shall include:

(a) A soils map of the project area;

(b) A topographic map of the project area and adjacent hydrologic contributing and receiving areas;

(c) A hydrologic features map of the project area and adjacent hydrologic contributing and receiving areas;

(d) Current hydrologic conditions in the project area;

(e) A vegetation map of the project area;

(f) Ecological benefits currently provided to the regional watershed by the project area;

(g) Adjacent lands, including existing land uses and conditions, projected land uses according to comprehensive plans adopted pursuant to Chapter 163, F.S., by local governments having jurisdiction, and any special designations or classifications associated with adjacent lands or waters; and,

(h) A disclosure by the applicant of any material fact which would affect the contemplated use of the property.

(4) A mitigation plan describing the actions proposed to establish, construct, operate, manage and maintain the Mitigation Bank which shall include:

(a) Construction-level drawings detailing proposed topographic alterations and all structural components associated with proposed activities;

(b) Proposed construction activities, including a detailed schedule for implementation;

(c) The proposed vegetation planting scheme and detailed schedule for implementation;

(d) Measures to be implemented during and after construction to avoid adverse impacts related to proposed activities;

(e) A detailed perpetual management plan comprising all aspects of operation and maintenance, including water management practices, vegetation establishment, exotic and nuisance species control, fire management, and control of access; and,

(f) A proposed monitoring plan to demonstrate mitigation success.

(5) An assessment of improvement or changes in ecological value anticipated as a result of proposed mitigation actions which shall include:

(a) A description of anticipated site conditions in the Mitigation Bank after the mitigation plan is successfully implemented;

(b) A comparison of current fish and wildlife habitat to expected habitat after the mitigation plan is successfully implemented; and,

(c) A description of the expected ecological benefits to the regional watershed.

(6) Evidence of sufficient legal or equitable interest in the property which is to become the Mitigation Bank to meet the requirements of Rule 62-342.650, F.A.C.

(7) Draft documentation of financial responsibility meeting the requirements of Rule 62-342.700, F.A.C.

(8) Any additional information which the Agency requests in order to evaluate whether the proposed Mitigation Bank meets the criteria of Section 373.4136, F.S., and this chapter.

History

• Rulemaking Authority 373.4131, 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.450, Amended 12-12-94, 5-21-01, 2-19-15, Reviewed 7-17-26.

Fla. Admin. Code R. 62-342.470 Establishment of Mitigation Credits

(1) Based upon the information submitted by the applicant, and an assessment of the proposed Mitigation Bank under the criteria of Section 373.4136, F.S., the Agency will assign a number of Mitigation Credits to the proposed Mitigation Bank, or phases thereof.

(2) Mitigation Credits assigned for enhancement, restoration or preservation of wetlands or uplands will be based on the extent of improvement in ecological value resulting from these activities as determined using a functional assessment method relative to that obtained by successfully creating one acre of wetland. In determining the degree of improvement in ecological value, the following factors will be considered. However, no credits shall be released until the requirements of Rules 62-342.650 and 62-342.700, F.A.C., are met.

(a) The extent to which target hydrologic regimes can be achieved and maintained.

(b) The extent to which management activities promote natural ecological conditions, such as natural fire patterns.

(c) The proximity of the Mitigation Bank to areas with regionally significant ecological resources or habitats, such as national or state parks, Outstanding National Resource Waters and associated watersheds, Outstanding Florida Waters and associated watersheds, and lands acquired or to be acquired through governmental or non-profit land acquisition programs for environmental conservation; and the extent to which the Mitigation Bank establishes corridors for fish, wildlife or listed species to those resources or habitats.

(d) The quality and quantity of wetland or upland restoration, enhancement, preservation, or creation.

(e) The ecological and hydrological relationship between wetlands and uplands in the Mitigation Bank.

(f) The extent to which the Mitigation Bank provides habitat for fish and wildlife, especially habitat for species listed as threatened, endangered or of special concern, or provides habitats which are unique for that mitigation service area.

(g) The extent to which the lands that are to be preserved are already protected by existing state, local or federal regulations or land use restrictions.

(h) The extent that lands to be preserved would be adversely affected if they were not preserved.

(i) Any special designation or classification of the affected waters and lands.

(3) Some Mitigation Credits may be released for use prior to meeting all of the performance criteria specified in the Mitigation Bank Permit. The release of all mitigation credits awarded will only occur after the bank meets all of the success criteria specified in the permit. The number of credits and schedule for release shall be determined based upon the performance criteria for the Mitigation Bank, the success criteria for each mitigation activity, and a consideration of the factors listed in Section 373.4136(5), F.S. However, no credits shall be released until the requirements of Rules 62-342.650 and 62.342.700, F.A.C., are met. Additionally, no credits awarded for freshwater creation shall be released until the success criteria included in the Mitigation Bank Permit are met.

(4) If at any time the banker is not in material compliance with the terms of the Mitigation Bank Permit, no Mitigation Credits may be withdrawn. Mitigation Credits shall again be available for withdrawal if the banker comes back into compliance.

(5) The Mitigation Bank Permit shall contain a ledger listing the number and type of Mitigation Credits in the Mitigation Bank. The ledger will provide the maximum number and type of Mitigation Credits which would be available for withdrawal when the Mitigation Bank meets all of the performance criteria in the permit.

(6) Mitigation Credits that have been released may be used to offset adverse impacts from an activity regulated under Part IV, Chapter 373, F.S. Mitigation credits may be used in whole or in part. However, Mitigation Credits in increments of less than a hundredth of one credit shall not be used.

(7) The Agency shall maintain a ledger of the Mitigation Credits available in each Mitigation Bank. Mitigation Credits shall be withdrawn as a minor modification of the Mitigation Bank Permit. To use Mitigation Credits, the impact permit applicant must submit to the agency permitting the impact, documentation from the banker demonstrating that Mitigation Credits have been reserved, sold or transferred to the permit applicant, and that the banker has requested that the Mitigation Credits be withdrawn from the Mitigation Bank. If the agency permitting the impact determines that use of the Mitigation Credits proposed by the applicant is appropriate to offset the adverse impacts, it shall notify the Agency. Upon receipt of this notice, the Agency shall determine if a sufficient number and type of Mitigation Credits are available, withdraw the Mitigation Credits as a minor modification of the Mitigation Bank Permit, and notify the agency permitting the impact and the banker by letter of the withdrawal of the Mitigation Credits and the remaining balance of Mitigation Credits.

(8) When the Department or a District is the banker, each Agency shall maintain its own ledger. The District or Department shall annually submit a report of the Mitigation Credits sold, transferred, or used from its Mitigation Bank to the permitting Agency.

History

• Rulemaking Authority 373.4131, 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.470, Amended 5-21-01, 2-19-15.

Fla. Admin. Code R. 62-342.500 Contribution of Lands

History

• Rulemaking Authority 373.4136(11) FS. Law Implemented 373.4135 FS. History–New 2-2-94, Formerly 17-342.500, Repealed 5-21-01.

Fla. Admin. Code R. 62-342.550 Contribution of Funds

History

• Rulemaking Authority 373.4136(11) FS. Law Implemented 373.4135 FS. History–New 2-2-94, Formerly 17-342.550, Amended 12-12-94, Repealed 5-21-01.

Fla. Admin. Code R. 62-342.600 Mitigation Service Area

(1) A Mitigation Service Area will be established for each Mitigation Bank in the Mitigation Bank Permit under the criteria of Section 373.4136(6), F.S. Except as provided herein, Mitigation Credits may only be withdrawn to offset adverse impacts in the Mitigation Service Area. The boundaries of the Mitigation Service Area shall depend upon the geographic area where the Mitigation Bank could reasonably be expected to offset adverse impacts.

(2) A Mitigation Service Area may be larger than the regional watershed if the Mitigation Bank provides exceptional ecological value such that adverse impacts to wetlands outside the regional watershed could reasonably be expected to be adequately offset by the Mitigation Bank because of local ecological or hydrological conditions. A Mitigation Service Area may be smaller than a regional watershed, if adverse impacts throughout the regional watershed cannot reasonably be expected to be offset by the Mitigation Bank because of local ecological or hydrological conditions.

(3) Mitigation Service Areas may overlap and Mitigation Service Areas for two or more Mitigation Banks may be approved for a regional watershed.

(4) If the requirements in Rule 62-342.300, F.A.C., are met, the following projects or activities shall be eligible to use a Mitigation Bank, notwithstanding the fact that they are not completely located within the Mitigation Service Area:

(a) Projects with adverse impacts partially located within the Mitigation Service Area.

(b) Linear projects, such as roadways, transmission lines, distribution lines, pipelines, or railways.

(c) Projects with total adverse impacts of less than one-half acre in size.

(5) When Mitigation Credits are applied to offset adverse impacts within the same regional watershed as the Mitigation Bank, the Mitigation Credit requirement shall be the same as that specified for mitigation on the project site.

(6) When Mitigation Credits are applied to offset adverse impacts outside the regional watershed, the Mitigation Credit requirement shall be higher than that specified for mitigation on the project site if necessary to adequately offset the adverse impacts of the project, except for linear projects, as referenced in paragraph (4)(b), above, when the impact being offset is within the Mitigation Service Area of the Mitigation Bank to be used.

History

• Rulemaking Authority 373.4136(11) FS. Law Implemented 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.600, Amended 12-12-94, 5-21-01.

Fla. Admin. Code R. 62-342.650 Land Use Restrictions on Mitigation Banks

(1) Before Mitigation Credits may be used from a Mitigation Bank or any phase of a Mitigation Bank, the banker shall either:

(a) Cause a fee interest to be conveyed to the Board of Trustees of the Internal Improvement Trust Fund (“Board of Trustees”); or

(b) Cause a conservation easement to be conveyed to both the Department and the District. The grantor of a conservation easement may convey a conservation easement to additional grantees, but such conveyance shall be subordinate to the conservation easement granted to the Department and the District. Mitigation Banks on federal, state, or water management district owned land shall be encumbered in perpetuity by conservation easements, or other mechanisms shall be employed to ensure preservation according to the Mitigation Bank Permit.

(2) If the Mitigation Bank is located within an area identified in an Agency acquisition plan, and the Agency determines that the ecological value of the bank can be increased by incorporating the bank into the Agency’s land management programs, the Agency may award additional Mitigation Credits if the fee interest in the bank is conveyed to the Agency as opposed to a conservation easement.

(3) All conservation easements shall be granted in perpetuity without encumbrances, unless such encumbrances do not adversely affect the ecological viability of the Mitigation Bank. All conservation easements shall be of a form and content sufficient to ensure preservation of the Mitigation Bank according to the permit, and shall, at a minimum, meet requirements and restrictions of Section 704.06, F.S., except as provided in subsection 62-342.650(9), F.A.C. The conservation easement shall also provide that the banker shall have access to the property and the authority to perform all acts necessary to ensure compliance with the Mitigation Bank Permit (unless the banker is the fee owner of the property), and that the Agency shall have access and the authority to perform these acts if the banker fails to do so.

(4) All real property conveyances of the fee interest shall be in fee simple and by statutory warranty deed, without encumbrances that adversely affect the integrity of the bank and are acceptable to the Board of Trustees. The Board of Trustees will accept a quit claim deed to aid in clearing minor title defects or otherwise resolve a boundary question in the Mitigation Bank.

(5) As part of providing reasonable assurance that the Mitigation Bank site will be preserved in perpetuity, the grantor of the property or conservation easement shall provide the following unless the Agency determines during the permit review process such items are not necessary to ensure preservation of the Mitigation Bank according to the permit:

(a) A boundary survey of the real property interest being conveyed. The survey must be certified, by a land surveyor and mapper, registered in the State of Florida, to meet the requirements of the Agency and the minimum technical standards set forth by the Florida Board of Professional Surveyors and Mappers in Rules 5J-17.050 through 5J-17.052, F.A.C., under Section 472.027, F.S.

(b) A certified appraisal or other documentation demonstrating the market value of the property or interest to be conveyed to determine the appropriate amount of title insurance.

(c) A marketable title commitment issued to the Agency as beneficiary in an amount at least equal to the fair market value, as established in paragraph 62-342.650(5)(b), F.A.C., of the interest being conveyed. An owner’s title insurance policy (ALTA Form B) naming the Agency as beneficiary shall be issued to the Agency within the time frames specified by the permit. The coverage, form and exceptions of the title insurance policy shall ensure that the Mitigation Bank will be preserved according to the Mitigation Bank Permit.

(d) A Phase I environmental audit identifying any environmental problems which may affect the liability of the Agency or Board of Trustees and any additional audits as are necessary to ensure that the Agency or the Board of Trustees is not subject to liability under federal or state laws relating to the treatment or disposal of hazardous substances or ownership of land upon which hazardous substances are located, or to ensure that there are not hazardous substances present on the property which would adversely affect construction, implementation, and perpetual management of the Mitigation Bank.

(6) The Agency shall require additional documentation or actions from the grantor of the conservation easement or fee interest if such additional documentation or actions are necessary to ensure that the Mitigation Bank will be preserved according to the Mitigation Bank Permit.

(7) The banker shall pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed or conservation easement and any other recordable instruments required by the Agency or Board of Trustees, unless prohibited or exempt by law, as a condition of the receipt of the conveyance.

(8) All real estate taxes and assessments which are or which may become a lien against the property shall be satisfied of record by the banker before recording the conservation easement. If necessary, the banker shall, in accordance with Section 196.295, F.S., place funds in escrow with the county tax collector. The mitigation banker shall also provide the Agency with annual documentation demonstrating that such taxes and assessments have been paid.

(9) As a condition of receipt of the conveyance the banker shall remove all abandoned personal property, solid waste, or hazardous substances from the property that: reduces the proposed ecological value of the property; will adversely affect the construction, implementation or management of the bank; will adversely affect the construction, alteration, operation, maintenance, abandonment or removal of any surface water management system to be constructed in the bank; or poses a risk of liability to the Board of Trustees or the Agency.

(10) The banker shall record the conservation easement or property deed required in the Mitigation Bank Permit. The banker shall submit to the Agency the original recorded conservation easement or property deed as soon as such document is returned from the public records office.

History

• Rulemaking Authority 373.4131, 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.650, Amended 12-12-94, 5-21-01, 2-19-15, Reviewed 7-17-26.

Fla. Admin. Code R. 62-342.700 Financial Responsibility

(1) To provide reasonable assurances that the proposed Mitigation Bank will meet the requirements of Section 373.4136, F.S., this rule and the associated permit conditions, non-governmental bankers shall provide proof of financial responsibility for: (a) the construction and implementation of the bank, and (b) the perpetual management of the bank, as required in this section. Governmental entities shall provide proof of financial responsibility under subsection 62-342.700(15), F.A.C. The amount of financial responsibility provided in the mechanisms required in this rule shall be based on the cost estimates determined under subsection 62-342.700(13), F.A.C.

(2) Submitting Financial Responsibility Documentation. The applicant shall provide draft documentation of the cost estimate and required financial responsibility mechanisms described in subsections 62-342.700(5) through (11) and 62-342.700(13), F.A.C., with the permit application, and shall submit to the Agency the executed or finalized documentation within the time frames specified in the permit. The provisions of this section shall also apply to any modifications to the Mitigation Bank Permit.

(3) General Terms for Financial Responsibility Mechanisms. In addition to the specific provisions regarding financial responsibility mechanisms for construction and implementation in subsection 62-342.700(4), F.A.C., and perpetual management in subsection 62-342.700(12), F.A.C., the following terms shall be complied with:

(a) The financial responsibility mechanisms shall be payable at the direction of the Agency to its designee or to a standby trust or standby escrow. The financial responsibility mechanism shall be retained by the Agency if it is of a type which is retained by the beneficiary according to industry standards.

(b) Demonstration of financial responsibility shall be continuous until complete satisfaction of the applicable permit conditions and approved release of financial responsibility by the Agency.

(c) Collectively, the financial responsibility mechanisms must guarantee that the banker will perform all of its obligations under the permit. Within 90 days after receipt by both the banker and the Agency of a notice of cancellation or termination of a financial responsibility mechanism, the banker shall establish a financial responsibility mechanism that meets the criteria of this rule, subject to the Agency’s written approval.

(d) A banker may satisfy the requirements of this section by establishing more than one acceptable financial responsibility mechanism per Mitigation Bank. Whenever more than one mechanism is used, the banker shall identify the specific financial responsibility mechanism for each individual activity on the cost estimate as required under subsection 62-342.700(13), F.A.C.

(e) A banker may use a financial responsibility mechanism allowed under this section for more than one Mitigation Bank. The amount of funds available through the mechanism must be no less than the sum of funds that would be required for separate mechanisms for each Mitigation Bank.

(f) A banker must notify the Agency by certified mail within 10 days after the commencement of a voluntary or involuntary proceeding:

1. To dissolve the banker;

2. To place the banker in receivership;

3. For entry of an order for relief against the banker under Title 11 of the United States Code; or

4. A general assignment of its assets for the benefit of creditors under Chapter 727, F.S.

A banker will be without the required financial assurance in the event of the suspension or revocation of the authority of any trustee to act as trustee, or in the event of a bankruptcy or receivership of the issuing institution of a financial responsibility mechanism, or the revocation of the authority of such institution to issue such instruments. The banker must notify the Agency within 10 days, and establish other financial assurance within 60 days after such an event.

(4) Financial Responsibility for Construction and Implementation.

(a) No financial responsibility shall be required where the construction and implementation of the Mitigation Bank, or a phase thereof, is completed and successful, as determined by the Agency pursuant to the final success criteria in the Permit, prior to the withdrawal of any credits.

(b) Financial responsibility for the construction and implementation activities of the Mitigation Bank, or each phase thereof, may be established by surety bonds, performance bonds, irrevocable letters of credit, insurance policies, escrow accounts, or trust funds, as described below.

(c) The amount of financial responsibility established shall equal 110 percent of the cost of construction and implementation of the Mitigation Bank, or each phase thereof, in accordance with subsection 62-342.700(13), F.A.C., and as adjusted in accordance with subsection 62-342.700(14), F.A.C., during the course of the project. When the bank has been completely constructed, implemented, and is trending toward success in compliance with the permit, the respective amount of financial responsibility shall be released.

(d) The financial responsibility mechanism shall become effective prior to the release of any mitigation credits.

(5) Surety or Performance Bond.

(a) A banker may satisfy the requirements of subsection 62-342.700(1), F.A.C., by obtaining a surety or performance bond that conforms to the requirements of this subsection. The company issuing the bond must be authorized to do business in Florida. The company must also be among those listed as acceptable sureties in the latest Circular 570 of the U.S. Department of the Treasury (July 1, 2017), which is incorporated by reference herein and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09504, or a Florida-domiciled surety or insurance company with at least an A- rating from the A.M. Best and authorized to write individual bonds up to 10 percent of the policyholder’s surplus. The banker shall provide documentation evidencing that the bond company meets these requirements.

(b) The surety or performance bond shall be worded in substantial conformance with Form 62-342.700(5), “Mitigation Bank Performance Bond to Demonstrate (Construction and Implementation or Perpetual Management) Financial Assurance” (June 12, 2018), which is incorporated by reference herein and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09498. This form and all the forms incorporated in Rule 62-342.700, F.A.C., also are available from the Department of Environmental Protection’s Internet site, https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/forms-environmental-resource; or by contacting the Division of Water Resource Management, Department of Environmental Protection, 2600 Blair Stone Road, MS #2500, Tallahassee, Florida 32399-2400, (850)245-8336. Deviations from the form shall be identified and submitted to the Agency.

(c) Under the terms of the bond, the surety shall become liable on the bond obligation when the mitigation banker fails to perform under the terms of the Mitigation Bank Permit. In all cases, the surety’s liability shall be limited to the sum stated in the bond.

(d) The mitigation banker who uses a surety or performance bond to satisfy the requirements of subsection 62-342.700(4), F.A.C., must establish a standby escrow or standby trust fund when the surety or performance bond is acquired. Under the terms of the bond, all amounts paid by the surety under the bond will be deposited directly into the standby escrow or standby trust fund for distribution by the agent or trustee in accordance with the Agency’s instructions. The standby escrow agreement and standby trust fund agreement must meet the requirements specified in subsections 62-342.700(9) and 62-342.700(10), F.A.C., respectively.

(e) The bonding company shall provide notice of cancellation of a bond by certified mail to the banker and to the Agency. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the banker and the Agency, as evidenced by the return receipt.

(f) A bond may be canceled by the banker if the Agency has given prior written consent. The Agency shall provide such consent when either the banker substitutes alternative financial assurance allowed under this rule and such alternate financial assurance is approved by the Agency and is effective or the Agency approves release of financial assurance in accordance with paragraph 62-342.700(4)(c), F.A.C.

(6) Irrevocable Letter of Credit.

(a) A mitigation banker may satisfy the requirements of subsection 62-342.700(1), F.A.C., by obtaining an irrevocable letter of credit that conforms to the requirements of this subsection. The irrevocable letter of credit shall be provided by a federally insured depository that is “well capitalized” or “adequately capitalized” as defined in Section 38 of the Federal Deposit Insurance Act [12 USC 1831o(b)], incorporated by reference herein and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09505. The banker shall submit documentation evidencing that the federally insured depository is appropriately capitalized.

(b) The irrevocable letter of credit shall be worded in substantial conformance with Form 62-342.700(6), “Mitigation Bank Irrevocable Letter of Credit to Demonstrate (Construction and Implementation or Perpetual Management) Financial Assurance” (June 12, 2018) [available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09499, and as described in paragraph (5)(b), above], incorporated by reference herein. Deviations from the form shall be identified and submitted to the Agency.

(c) A mitigation banker who uses an irrevocable letter of credit to satisfy the requirements of subsection 62-342.700(4), F.A.C., must also establish a standby escrow or standby trust fund when the irrevocable letter of credit is acquired. Under the terms of the irrevocable letter of credit, all amounts paid pursuant to a sight draft by the Agency will be deposited by the issuing institution directly into the standby escrow or standby trust fund to be distributed by the agent or trustee in accordance with instructions from the Agency. This standby trust fund must meet the requirements specified in subsections 62-342.700(9) and 62-342.700(10), F.A.C., respectively.

(d) Letters of credit must be irrevocable and issued for a period of at least one year, and the expiration date must be automatically extended for a period of at least one year unless, at least 120 days prior to the expiration date, the issuing institution notifies both the banker and the Agency by certified mail of a decision not to extend the expiration date. The terms of the irrevocable letter of credit must provide that the 120 days begins on the date when both the banker and the Agency have received the notice, as evidenced by the return receipts.

(7) Insurance Policy.

(a) A mitigation banker may satisfy the requirements of subsection 62-342.700(1), F.A.C., for construction and implementation activities by obtaining an insurance policy that conforms to the requirements of this subsection. The insurance policy shall be provided by an insurance company that is authorized to transact insurance in the State of Florida and has at least an A- rating from the A.M. Best. The banker shall provide documentation to the Agency evidencing that the insurance company meets these requirements.

(b) The insurance policy must be worded in substantial conformance to Form 62-342.700(7), “Mitgation Bank Insurance Coverage Form” (June 12, 2018), incorporated by reference herein [available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09500 and as described in paragraph (5)(b), above]. Deviations from the form to meet insurance company documentary requirements must satisfy all criteria listed on the “Mitigation Bank Insurance Coverage Form” and be identified and submitted to the Agency.

(c) The insurance policy must be issued for a period of no less than one year beyond the anticipated completion and success of the mitigation bank, or the last success criterion insured, which ever occurs first based on the construction and implementation schedule in the mitigation bank permit.

(d) The insurance policy must be non-cancellable for the term of the policy. The insurance policy shall include a provision to notify the Agency and banker by certified mail at least 120 days prior to the termination of the policy, nonrenewal of the policy, or a change to the terms and conditions of the policy. The insurance policy must automatically renew for the same terms and conditions of the policy unless the insurance company provides notice of nonrenewal to the banker and the Agency as required in this subsection.

(e) Under the terms of the insurance policy, the Agency must have the authority to file claims when the banker either fails to perform under the terms of the mitigation bank permit, as determined solely by the Agency, or fails to replace the insurance policy with an alternative financial responsibilty mechanism prior to the termination of the insurance policy. The insurance policy must afford the Agency with the sole authority to determine whether the action taken or proposed to be taken by the insurance company is sufficient to satisfy a claim made by the Agency. A claim is satisfied when the amount received by the Agency is greater than or equal to the most recent approved cost estimate or adjustment in accordance with subsections 62-342.700(13) and 62-342.700(14), F.A.C., respectively, and the bank is in compliance with the terms of the permit.

(f) The mitigation banker who uses an insurance policy to satisfy the requirements of subsection 62-342.700(4), F.A.C., must establish a standby escrow or standby trust fund when the insurance policy is acquired. Under the terms of the insurance policy, all amounts paid by the insurance company in satisfaction of a claim will be deposited directly into the standby escrow or standby trust fund for distribution by the agent or trustee in accordance with the Agency’s instructions.

(g) The declaration’s page of the insurance policy shall include all of the following items:

1. Insured location – the bank address;

2. Mitigation bank permit number;

3. Insurer’s claim’s notice address;

4. Regulatory entities and addresses, to include the U.S. Army Corps of Engineers;

5. Surplus line agent – name, address, license number;

6. Producing agent’s name, address, and other contact information;

7. Insured’s name, address, and other contact information;

8. Policy premium;

9. Limit of liability;

10. Policy inception and expiration dates;

11. Service fee;

12. Premium receipts tax; and

13. Deductible amount.

(8) Escrow.

(a) A mitigation banker may satisfy the requirements of subsection 62-342.700(1), F.A.C., by a deposit of cash into an interest-bearing escrow account with the Florida Department of Financial Services.

(b) The escrow agreement must be worded in substantial conformance to Form 62-342.700(8), “Escrow (Standby Escrow) Agreement” (June 12, 2018), incorporated by reference herein [available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09503 and as described in paragraph (5)(b), above]. Deviations from the form must be identified and submitted to the Agency.

(c) The escrow agreement must be irrevocable until the Agency approves release of financial security in accordance with paragraph 62-342.700(4)(c), F.A.C., and authorizes a final payout.

(9) Standby Escrow.

(a) A mitigation banker using a surety or performance bond, irrevocable letter of credit, or insurance policy shall contemporaneously establish either a standby escrow with the Florida Department of Financial Services meeting the requirements of this subsection or a standby trust fund under subsection 62-342.700(10), F.A.C.

(b) The standby escrow agreement shall be worded in substantial conformance with Form 62-342.700(8), F.A.C., incorporated by reference in paragraph 62-342.700(8)(b), F.A.C., except that the agreement will identify that it is establishing a standby escrow account. Deviations from the form must be identified and submitted to the Agency.

(c) The standby escrow agreement must be irrevocable until the Agency determines that it is no longer required.

(10) Standby Trust Fund.

(a) A mitigation banker using a surety or performance bond, irrevocable letter of credit, or insurance policy shall contemporaneously establish either a standby trust fund meeting the requirements of this subsection or a standby escrow under subsection 62-342.700(9), F.A.C. The trustee of the standby trust shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal agency or an agency of the State of Florida. The banker shall provide documentation evidencing such regulation and examination to the Agency.

(b) The standby trust agreement shall be worded in substantial conformance with Form 62-342.700(10), “Mitigation Bank Standby Trust Fund Agreement to Demonstrate (Construction and Implementation or Perpetual Management) Financial Assurance” (June 12, 2018) [available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09502 and as described in paragraph (5)(b), above], incorporated by reference herein. Deviations from the form shall be identified and submitted to the Agency. This form and Form 62-342.700(11), incorporated in subsection 62-342.700(11), F.A.C., references the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-1 et seq. (February 19, 2015), which is incorporated by reference herein and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05064 and as described in paragraph (5)(b), above. A copy of the Act may also be obtained by contacting the Division of Water Resource Management, Department of Environmental Protection, 2600 Blair Stone Road, MS #2500, Tallahassee, Florida 32399-2400, (850)245-8336.

(11) Trust Fund.

(a) A mitigation banker may satisfy the requirements of subsection 62-342.700(1), F.A.C., by establishing a trust fund that conforms to the requirements of this section. The trustee of the trust fund shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal agency or an agency of the State of Florida. The banker shall provide documentation evidencing proof of such regulation and examination to the Agency.

(b) The trust fund agreement must be worded in substantial conformance to Form 62-342.700(11), “Mitigation Bank Trust Fund Agreement to Demonstrate (Construction and Implementation or Perpetual Management) Financial Assurance” (June 12, 2018) [available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09501 and as described in paragraph (5)(b), above], incorporated by reference herein. Deviations from the form shall be identified and submitted to the Agency.

(12) Financial Responsibility for Perpetual Management.

(a) A banker shall establish financial assurance for the perpetual management of the Mitigation Bank, or phase thereof, using the financial responsibility mechanisms described in subsections 62-342.700(5) through 62-342.700(11), F.A.C., except that an insurance policy under subsection 62-342.700(7), F.A.C., may not be used. When an escrow agreement or trust fund is used, the requirements of subsections 62-342.700(8) and 62-342.700(11), F.A.C., respectively, must be met and all references to perpetual management in Forms 62-342.700(8) and 62-342.700(11) shall be selected. When a surety bond, performance bond, guarantee bond, or irrevocable letter of credit is used, a standby trust fund agreement must be established by the banker, and the requirements of subsections 62-342.700(5), 62-342.700(6), 62-342.700(9) and 62-342.700(10), F.A.C., respectively, must be met, and all references to perpetual management in Forms 62-342.700(8) and 62-342.700(11) shall be selected.

(b) The amount of financial responsibility provided shall be sufficient to be reasonably expected to generate annual revenue equal to the annual cost of perpetual management, established under subsection 62-342.700(13), F.A.C., at an assumed average rate of return of six percent per annum, for the bank, or for banks constructed in phases, for all phases for which credits have been released.

(c) The financial responsibility mechanism must be in effect prior to the withdrawal of credits from the Mitigation Bank, or applicable phase thereof.

(13) Cost estimates.

(a) For the purposes of determining the amount of financial responsibility that is required in this section, the banker shall submit a detailed written estimate, in current dollars, of the total cost of construction and implementation and of the cost of perpetual management of the Mitigation Bank. The written cost estimate shall be certified by a licensed professional whose license authority in the State of Florida includes the ability to provide such estimates.

(b) The cost estimate for construction and implementation shall include all costs associated with completing construction and implementation of the Mitigation Bank, or phase thereof, including, as applicable, earthmoving, planting, exotic/nuisance vegetation removal, prescribed fire, land surveying, structure installation, consultant fees, taxes, monitoring activities and reports.

(c) The cost estimate for the perpetual management of the Mitigation Bank shall be based on the costs of maintaining and operating any structures, controlling nuisance or exotic species, fire management, consultant fees, monitoring activities and reports, taxes, and any other costs associated with perpetual management. The amount of financial responsibility shall equal the cost of perpetual management for the bank, or, for banks constructed in phases for all phases for which credits have been released.

(d) The banker shall submit written cost estimates with verifiable basis for the estimates to the Agency along with the financial responsibility mechanism. If more than one financial responsibility mechanism is proposed for the construction and implementation or for perpetual management, the cost estimate shall specify the appropriate mechanism for each itemized cost.

(e) The costs shall be estimated based on a third party performing the work at the fair market value of services. The source of any cost estimates shall be indicated.

(14) Cost adjustments.

(a) Every two years, the banker shall undertake an estimate of the costs of the remaining construction and implementation, and perpetual management. The banker shall submit the estimate to the Agency in writing certified by a person licensed in the State of Florida to provide such estimates, accompanied by supporting documentation. Construction, implementation activity costs, and perpetual management costs shall be listed separately. The Agency shall review the cost adjustment statement and supporting documentation to determine if they reflect all construction, implementation costs and perpetual management costs. If the cost adjustment statement and supporting documentation accurately reflect a good faith estimate of all construction, implementation costs and perpetual management costs, the Agency shall approve the cost adjustment statement.

(b) At each cost adjustment, the banker shall revise the construction, implementation, and perpetual management cost estimate for inflation and changes in the costs to complete or undertake the current phase of the Mitigation Bank or appropriate phase thereof in accordance with subsection 62-342.700(13), F.A.C.

(c) Revised cost estimates shall be used as the basis for modifying the financial responsibility mechanisms. If the value of any financial responsibility mechanism is less than the total amount of the current construction and implementation and perpetual management cost estimates, the banker shall, upon Agency approval of the cost adjustment statement, increase the value of the financial mechanism to reflect the new estimate within 60 days. If the value of any funding mechanism is greater than the total amount of the current cost estimate, the banker may reduce the value of the funding mechanism to reflect the new estimate upon receiving Agency approval of the cost adjustment statement.

(d) The Agency shall require adjustment of the amount of financial responsibility provided for construction, implementation and perpetual management at times other than the cost adjustment period when the estimated costs associated with compliance with the permit conditions exceed the current amount of financial responsibility and such financial assurances are deemed necessary to ensure compliance with the permit conditions.

(e) The banker may provide revised cost estimates more frequently than every two years. If at any time the banker learns that actual costs exceed estimated costs by more than 25 percent, the banker shall provide a revised cost estimate and adjust the corresponding amount of financial responsibility under this rule.

(15) Financial Responsibility for Governmental, Non-Department and Non-Water Management District, Mitigation Banks.

(a) A governmental entity other than the Department or Districts shall demonstrate reasonable assurances that it can meet the construction and implementation requirements in the Mitigation Bank Permit by any of the mechanisms in subsection 62-342.700(4), F.A.C., above, or by other financial mechanisms which are sufficient to meet the requirements of this section.

(b) Governmental entities other than the Department or Districts shall establish a trust fund for the perpetual management of the Mitigation Bank which meets the requirements of subsection 62-342.700(11), F.A.C., above. The trust fund for perpetual management may be funded as Mitigation Credits are withdrawn, provided that the trust fund is fully funded when all Mitigation Credits are withdrawn. Governmental entities shall comply with the cost adjustment provisions in subsection 62-342.700(14), F.A.C.

History

• Rulemaking Authority 373.4131, 373.4135(1), 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136, 403.0877 FS. History–New 2-2-94, Formerly 17-342.700, Amended 12-12-94, 9-12-95, 5-21-01, 2-19-15, 6-12-18, Reviewed 7-17-26.

Fla. Admin. Code R. 62-342.750 Mitigation Bank Permit and Mitigation Bank Conceptual Approval

If the Mitigation Bank proposal meets the criteria of section 373.4136, F.S., chapter 62-330, F.A.C., and this chapter, the Agency shall issue a Mitigation Bank Permit to the banker. An authorization under this section may be issued in two forms: a Mitigation Bank Permit or a Mitigation Bank Conceptual Approval.

(1) The Mitigation Bank Permit authorizes the establishment, implementation and operation of the Mitigation Bank, authorizes the construction, alteration, operation, maintenance, abandonment or removal of any surface water management system proposed within the Mitigation Bank, and sets forth the rights and responsibilities of the banker and the Department for the implementation, management, maintenance and operation of the Mitigation Bank. The Mitigation Bank Permit shall include the following:

(a) A description of the Mitigation Service Area.

(b) The maximum number of Mitigation Credits available for use when the Mitigation Bank, or phase thereof, is deemed successful, the type of Mitigation Credits awarded, and the number and schedule of Mitigation Credits available for use prior to success.

(c) The success criteria by which the Mitigation Bank will be evaluated.

(d) The financial responsibility mechanism(s) which must be employed by the banker, and provisions for adjustment of the financial responsibility mechanism.

(e) Requirements for the execution and recording of the conservation easement or conveyance of the fee interest as provided in Rule 62-342.650, F.A.C.

(f) A ledger listing Mitigation Credits available in the Mitigation Bank.

(g) A schedule for implementation of the Mitigation Bank, and any phases therein.

(h) The perpetual management requirements for the mitigation bank.

(i) The conditions required under Chapter 62-330, F.A.C., for construction, alteration, operation, maintenance, abandonment or removal of any surface water management system proposed within the Mitigation Bank.

(2) A Mitigation Bank Permit shall automatically expire five years from the date of issuance if the banker has not recorded a conservation easement or conveyed fee simple interest, as appropriate, over the real property within the Mitigation Bank, or phase thereof, in accordance with the Mitigation Bank Permit; or, when no property interest is required to be recorded, the Mitigation Bank Permit shall automatically expire if no construction has been commenced pursuant thereto. Except as provided above, a Mitigation Bank Permit shall be perpetual unless revoked or modified.

(3) A Mitigation Bank Conceptual Approval estimates the legal and financial requirements necessary for the Mitigation Bank, information necessary for evaluation of the Mitigation Bank Permit application, and potential Mitigation Credits to be awarded pursuant to the Mitigation Bank Permit. The Mitigation Bank Conceptual Approval does not authorize the use or withdrawal of Mitigation Credits, or any construction within the Mitigation Bank. The level of detail provided in the Mitigation Bank Conceptual Approval will depend on the level of detail submitted with the application. A Mitigation Bank Conceptual Approval shall be valid for a term of five years from the date of issuance.

History

• Rulemaking Authority 373.4131, 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.750, Amended 5-21-01, 2-19-15, Reviewed 7-17-26.

Fla. Admin. Code R. 62-342.800 Surrender, Transfer, or Modification of Mitigation Bank Permits

(1) If no credits have been used or sold, a banker may apply to surrender a Mitigation Bank Permit, or permitted phase thereof, by submitting a written request to the Agency. The written request must identify which phase of the Mitigation Bank will be surrendered, indicate the extent of mitigation work performed in that phase, and describe the conservation property interest encumbering that phase. The Agency shall authorize release from a Mitigation Bank Permit when no credits have been used, and relinquishment of the phase would not compromise the ecological value of the remaining portions of the Mitigation Bank. A surrender and release of a geographic phase of a Mitigation Bank shall be made by modification of the Mitigation Bank Permit.

(2) If a property interest has been conveyed as provided in Rule 62-342.650, F.A.C., for a Mitigation Bank Permit which is surrendered as provided above, the Agency shall convey the property interest back to the grantor of that interest.

(3) If a surface water management system has been constructed or altered within the Mitigation Bank, the banker shall obtain any permits required under Part IV of Chapter 373, F.S., and Chapter 62-330, F.A.C., to operate or abandon the surface water management system.

(4) To transfer a Mitigation Bank Permit, the banker shall meet the requirements of Chapter 62-330, F.A.C., and the entity to whom the permit will be transferred must provide reasonable assurances that it can meet the requirements of the permit. If the transfer to the Agency is proposed, the current banker shall provide an updated cost estimate and adjust the final responsibility mechanism, as appropriate, prior to transfer of the permit.

(5) A Mitigation Bank Permit can be issued as a modification of a Mitigation Bank Conceptual Approval.

History

• Rulemaking Authority 373.4131, 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.800, Amended 12-12-94, 5-21-01, 2-19-15, Reviewed 7-17-26.

Fla. Admin. Code R. 62-342.850 Department or Water Management District Mitigation Banks

The Department or a District may construct, operate, manage, and maintain a Mitigation Bank under this section after obtaining a Mitigation Bank Permit from the appropriate reviewing Agency.

(1) The Department or District may apply to establish a Mitigation Bank by submitting a Mitigation Bank plan, meeting the applicable permitting criteria of this section, in one of the following formats:

(a) A Mitigation Bank plan identifying one or more parcels of lands to be acquired for mitigation site(s).

(b) A Mitigation Bank plan identifying one or more parcels of land in which the Department or District has a legal or equitable interest.

(2) Land Use Restrictions on Department or District Mitigation Banks. The Department or District shall maintain the land within the Regional Mitigation Bank pursuant to the terms of the Mitigation Bank Permit. Any change in the land use shall require a modification of the Mitigation Bank Permit.

(3) Notwithstanding any other provision of this chapter, the Department or District may sell, transfer, or use Mitigation Credits prior to acquiring the proposed mitigation site as set forth in its Mitigation Bank Permit.

(4) Financial Responsibility. A portion of the funds contributed to a Department or District Mitigation Bank from the sale of credits shall be dedicated for the construction and implementation of the Mitigation Bank, and a portion of the funds shall be dedicated for the long-term management of the bank as set forth in the Mitigation Bank Permit. Funds derived from the sale of Mitigation Credits which are not necessary for the construction, implementation, and long-term management of a Department or District Regional Mitigation Bank shall be dedicated for the initiation of other Department or District Mitigation Banks, or expansion of other Department or District land acquisition or restoration projects which improve regional ecological conditions.

(5) Procedures for Establishment of Mitigation Banks. Mitigation Banks established by the Department or Districts shall be permitted, as applicable, under the procedures in the Operating Agreements Concerning Environmental Resource Permitting, Management and Storage of Surface Waters Regulation, and Wetland Resource Regulation, as adopted by the Department paragraphs 62-113.100(3)(f), (m), (s), (x), and (aa), F.A.C.

(6) Each Water Management District is encouraged to establish at least two mitigation banks in the District not later than January 1, 1995, or report to the Secretary as to why such mitigation banks have not been established, any attendant problems to establishing such mitigation banks, and a proposed time frame for establishment of such banks.

History

• Rulemaking Authority 373.4131, 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.850, Amended 12-12-94, 5-21-01, 2-19-15, Reviewed 7-17-26.

Fla. Admin. Code R. 62-342.900 Mitigation Banking Forms

History

• Rulemaking Authority 373.4136(11) FS. Law Implemented 373.4135, 373.4136 FS. History–New 5-21-01, Repealed 2-19-15.

Chapter 62-343 ENVIRONMENTAL RESOURCE PERMIT PROCEDURES

Fla. Admin. Code R. 62-343.010 Policy and Purpose

History

• Rulemaking Authority 373.026(7), 373.043, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.421, 373.426 FS. History–New 7-4-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-343.020 General Provisions

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.413, 373.414, 373.416, 373.421, 373.426 FS. History–New 7-4-95, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.030 Transferability of Definitions

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.413, 373.414, 373.418, 373.421 FS. History–New 7-4-95, Amended 8-14-96, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.040 Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters

History

• Rulemaking Authority 373.026(7), 373.043, 373.421(2), 403.0877 FS. Law Implemented 120.54(5)(a), 373.421(2) FS. History–New 7-4-95, Amended 8-14-96, 8-16-98, 2-19-03, Transferred to 62-330.201.

Fla. Admin. Code R. 62-343.050 Permits Required

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418 FS. Law Implemented 373.413, 373.414, 373.416, 373.426 FS. History–New 7-4-95, Amended 8-14-96, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.060 Conceptual Approval Permits

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.414, 373.418, 380.06(9)(b) FS. Law Implemented 373.413, 373.414, 373.416, 373.426, 380.06(9)(b) FS. History–New 7-4-95, Amended 8-14-96, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.070 Procedures to Obtain a Permit

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 120.54(5)(a), 373.026(7), 373.043, 373.118, 373.414, 373.418, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.414, 373.4141, 373.416, 373.426, 403.9328 FS. History–New 7-4-95, Amended 8-14-96, 5-9-13, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.075 Additional Requirements and Procedures for Concurrent Review of Related Applications

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.427 FS. Law Implemented 373.427 FS. History–New 10-12-95, Amended 8-14-96, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.080 Applications Processed by District and Division Offices of the Department

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 120.53, 373.026, 373.043, 373.044, 373.118, 373.414, 373.418 FS. Law Implemented 120.60, 373.026, 373.118, 373.413, 373.414, 373.416, 373.421, 373.426 FS. History–New 7-4-95, Amended 8-14-96, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.090 Processing of Notices and Applications

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 120.54(5)(a), 373.026(7), 373.043, 373.118, 373.413, 373.414, 373.418 FS. Law Implemented 120.54(5)(a), 120.60(1), 373.109, 373.406(5), 373.413, 373.414, 373.4141, 373.416, 373.426, 373.428 FS. History–New 7-4-95, Amended 8-14-96, 8-16-98, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.100 Modification of Permits

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.026(7), 373.043, 373.109, 373.118, 373.414, 373.418, 373.421 FS. History–New 7-4-95, Amended 8-14-96, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.110 Duration of Permits

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.413, 373.414, 373.416, 373.426 FS. History–New 7-4-95, Amended 8-14-96, 10-10-07, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.120 Permit Extensions

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.413, 373.414, 373.416, 373.426 FS. History–New 7-4-95, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.130 Transfer of Ownership or Permit

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.109, 373.413, 373.414, 373.416(2), 373.426 FS. History–New 7-4-95, Amended 8-14-96, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.140 Suspension and Revocation

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 120.60(6), 373.429 FS. History–New 7-4-95, Amended 8-14-96, Repealed 11-25-13.

Fla. Admin. Code R. 62-343.900 Environmental Resource Permit Forms

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.418, 373.421 FS. Law Implemented 373.109, 373.413, 373.414, 373.416, 373.421, 373.426 FS. History–New 7-4-95, Amended 8-14-96, 2-19-03, Repealed 11-25-13.

Chapter 62-344 DELEGATION OF THE ENVIRONMENTAL RESOURCE PROGRAM TO LOCAL GOVERNMENTS

Fla. Admin. Code R. 62-344.100 Purpose, Intent and Scope

History

• Rulemaking Authority 373.441(1) FS. Law Implemented 373.441 FS. History–New 8-29-95, Amended 8-7-12, Repealed 11-26-15.

Fla. Admin. Code R. 62-344.200 Definitions

Words and phrases used in this chapter shall, unless context clearly indicates otherwise, have the following meanings:

(1) “Conflicting standards” means the water quality, water quantity, and water resource related environmental criteria that are part of a local government regulatory program which cannot be met if the corresponding criteria of the environmental resource permit program are met.

(2) “Delegation” means the grant of authority to a local government to take final agency action on all or a portion of the environmental resource permit program.

(3) “Department” means the Department of Environmental Protection.

(4) “Environmental Resource Permit” means a permit issued pursuant to Part IV of Chapter 373, F.S., (except those subject to the provisions of Sections 373.414(11) through (16), 373.4145(6), F.S., and Section 18 of Chapter 94-122, Laws of Florida) after September 21, 1995.

(5) “Environmental resource permit program” means the responsibility and authority to:

(a) Review and take final action on applications for environmental resource permits, petitions for variances related to environmental resource permits, and formal determinations of wetlands and other surface waters;

(b) Perform compliance inspections and monitoring for activities subject to regulation under Part IV of Chapter 373, F.S.; and,

(c) Enforce orders and rules, including environmental resource permits, issued or adopted pursuant to the authority of Part IV of Chapter 373, F.S., on or after September 21, 1995.

(6) “Local pollution control program” means a local governmental entity created by special or general act of the Legislature for the primary purpose of adopting and implementing a regulatory program designed to protect the environment.

(7) “Stricter standards” means water quality, water quantity, and water resource related environmental criteria relating to corresponding criteria in the environmental resource permit program of the Department or District that are part of a local government regulatory program, implemented under a properly adopted ordinance or local law which, when applied within the context of the environmental resource permit program, provide a greater environmental benefit than the corresponding criteria of the environmental resource permit program itself.

History

• Rulemaking Authority 373.441(1) FS. Law Implemented 373.441 FS. History–New 8-29-95, Amended 8-7-12.

Fla. Admin. Code R. 62-344.300 Procedures for Requesting Delegation

(1) Any local government may petition the Department to receive delegation of all or a portion of the Department or District’s responsibilities under the environmental resource permit program. The petition shall be filed with the Department’s Agency Clerk.

(2) The petition as initially submitted shall contain the items required by subsection 62-344.400(1), F.A.C.

(3) Within 30 days of receipt of the petition, the Department shall request submittal of any additional information needed to review the petition under subsections 62-344.500(2) and (4), F.A.C.

(4) Within 30 days of receipt of timely requested additional information, the Department shall review such information and shall request only that information needed to clarify or to answer new questions raised by or directly related to such additional information.

(5) The Department, within 90 days of receipt of all information requested pursuant to subsections (3) and (4), above, shall first determine whether granting the petition would further the goal of providing an efficient, effective, and streamlined environmental resource permit program pursuant to the provisions of subsection 62-344.500(2), F.A.C. If not, the Department shall notice the petition for denial pursuant to the provisions of this section. If it will further these goals, the Department shall review the petition in accordance with subsection 62-344.300(6), F.A.C., and the other applicable provisions of this chapter.

(6) If a petition is found to further the goal of providing an efficient, effective, and streamlined environmental resource permit program pursuant to the provisions of subsections 62-344.500(2), F.A.C., the Department shall, within 90 days after receipt of all information requested pursuant to subsections (3) and (4), above, request the information required by subsection 62-344.400(2), F.A.C.

(7) Within 90 days of receipt of the information required by subsection (6), above, the Department shall review such information and shall further request only that information needed to complete such information or to clarify or answer new questions raised by or directly related to such information. Within 30 days of receipt of timely requested additional information, the Department shall review such information and shall request only that information needed to clarify or to answer new questions raised by or directly related to such additional information.

(8) Within 180 days of receipt of all the information requested in accordance with subsections (6) and (7), above, unless waived by the local government, the Department shall provide either a written notice of intent to deny the petition, or a written notice of intent to grant the petition and enter into a proposed delegation agreement attached to the notice of intent. Delegation of authority shall be approved if the local government meets the requirements of this chapter.

(9) A failure by the Department to meet any of the time frames in this section shall not be deemed to constitute approval of a delegation by default.

(10) If the Department intends to grant the petition for delegation, the local government shall publish the notice of intent in a newspaper having general circulation in the local government’s territory.

(11) Where the Department’s notice of intent proposes to deny the petition, the notice shall include the specific details of the statutory or rule provisions that were not satisfied and specify any steps the local government must take to obtain the requested delegation.

(12) Any substantially affected person may, pursuant to Section 120.57, F.S., seek an administrative hearing on a notice of intent to grant or deny the petition. The time frames for requesting an administrative hearing on a notice of intent to grant or deny the petition shall be those set forth in the Department’s rules governing points of entry into proceedings.

(13) In the event a delegation under this chapter is not approved or denied within one year after being initiated, the local government seeking the delegation may petition the Governor and Cabinet for review of the request for delegation. Section 373.441(2), F.S., provides for Governor and Cabinet reversal of decisions of the Department. The date the local government submits its petition for delegation to the Department shall be considered the date the delegation was initiated.

(a) The petition to the Governor and Cabinet shall be filed with the Department’s Agency Clerk at the Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 35, Tallahassee, FL 32399-3900, and the Department shall forward the petition to the Governor and Cabinet within 7 days of receipt.

(b) The petition shall be placed on the agenda for review at the next available Governor and Cabinet meeting.

(c) The standard for approval or denial of the delegation by the Governor and Cabinet shall include the requirements of Section 373.441(3), F.S., and Rule 62-344.500, F.A.C.

(d) The petition shall include the following:

1. Identification that the Department is the agency affected, and identification of the local government, including any subdivision of the local government, that is responsible for filing the petition for delegation and, if different, the petition to the Governor and Cabinet for review,

2. The mailing address, email address, telephone number, and facsimile number of the primary contact person in the local government,

3. The date the local government officially approved filing of the petition for review of the delegation with the Governor and Cabinet, together with a copy of the documentation of that approval,

4. A statement of the facts or issues that are in dispute, including any reasons the local government believes the Department has not acted properly on the petition for delegation under Section 373.441, F.S., or Chapter 62-344, F.A.C.,

5. A detailed statement of the efforts made by the local government to address the facts in dispute or resolve the issues identified in subparagraph (d)4., above; and,

6. A statement of the relief requested by the local government, including a proposal to resolve the facts in dispute or issues raised by the local government.

(14) The local government may at any time during the review process voluntarily withdraw its petition for delegation without prejudice.

(15) If required to do so by Section 373.046(1), F.S., where the Department’s notice of intent proposes to grant the petition and enter into a delegation agreement, the Department shall publish a notice of rulemaking to adopt the delegration agreement by reference in accordance with Section 120.54, F.S. To the extent possible, this notice of rulemaking shall be published at the same time as the notice of intent is published.

(16) Any delegation agreement entered into in accordance with this procedure shall become effective when the delegation agreement is fully executed by both parties, and, if required by Section 373.046(1), F.S., is adopted by reference by the Department.

(17) Any order issued by a local government which is exercising delegated authority pursuant to this chapter is reviewable by the Governor and Cabinet sitting as the Land and Water Adjudicatory Commission as provided in Section 373.114(1), F.S.

History

• Rulemaking Authority 373.441(1) FS. Law Implemented 373.441 FS. History–New 8-29-95, Amended 8-7-12.

Fla. Admin. Code R. 62-344.400 Content of Petition for Delegation

(1) Petitions for delegation shall include information sufficient to enable the Department to evaluate the proposal under the provisions of this chapter and Section 373.441, F.S. The petition shall initially include, at a minimum, all of the information in paragraphs (a) through (d), below. The local government may supplement the initial petition with any other information required in this chapter.

(a) The name, address, and title of the local government contact person.

(b) A map clearly depicting the legal boundaries of the geographic area subject to the petition.

(c) Documentation that the local government seeking delegation has or will have the authority to implement the environmental resource permit program within the area for which delegation is sought.

(d) A list of the environmental resource permit program rules of the Department, and District as applicable, that will be used to implement the requested delegation.

(2) Pursuant to subsection 62-344.300(6), F.A.C., the local government shall supplement the petition with the following information as requested by the Department:

(a) A list of any entities within the geographic area for which delegation is requested over which the local government does not have regulatory authority.

(b) A schedule for proposed implementation of the portions of the environmental resource permit program requested, including specific projections for meeting each of the criteria in subsection 62-344.500(3), F.A.C.

(c) A description of existing and proposed administrative, technical, legal and financial capabilities necessary to implement the portions of the environmental resource permit program requested, including:

1. An existing and proposed organizational chart which includes the division of the local government which will be administering the requested environmental resource permit program, showing the chain-of-command of supervisory authority for the local government,

2. The number of existing and proposed staff positions to implement the portion of the environmental resource permit program requested, including position qualifications and job descriptions,

3. An identification of the technical resources, such as sampling, laboratory, and computer equipment, and telecommunication capabilities it has or proposes to obtain to implement the program,

4. Documentation of existing and projected funding, including an approved budget for the past year, showing the fiscal resources available for implementation of the requested environmental resource permit program. The approved budget must clearly show the financial status of the division of the local government which will implement the requested environmental resource permit program,

5. Demonstration that the local government will comply with the quality assurance requirements of Chapter 62-160, F.A.C.,

6. Copies of any ordinances or other legal authority by which the local government will implement the requested environmental resource permit program, including the proposed revisions to such ordinances if applicable, or other legal authority for complying with subsection 62-344.500(3), F.A.C.,

7. Citation to the statute, Laws of Florida, or constitutional provisions creating the local government, including an identification as to whether the local government is a charter or a non-charter government,

8. Identification and copies of all local standards relating to the same subject area as the environmental resource permit program, and, if applicable, specifically identifying in a tabular format those standards which are stricter than and not conflicting with, and stricter than and conflicting with, the Department’s and District’s environmental resource permit program rules,

9. Information required for the Department to prepare a Statement of Estimated Regulatory Cost for the requested delegation, prepared in accordance with Sections 120.54 and 120.541, F.S., if required.

(3) One copy of the information requested in subsections 62-344.400(1) and (2), F.A.C., must be submitted with each category of information requested above clearly labeled.

(4) The petition must be accompanied by a resolution approved by the elected governing body of the local government, which resolution expresses support for the petition.

History

• Rulemaking Authority 373.441(1) FS. Law Implemented 373.441 FS. History–New 8-29-95, Amended 8-7-12, 5-9-13.

Fla. Admin. Code R. 62-344.500 Criteria for Review

(1) The environmental resource permit program requested by the local government shall be delegated only if the Department determines that delegation would further the goal of providing an efficient, effective and streamlined permitting system; the local government has the financial, technical, and administrative capabilities to effectively and efficiently implement and enforce the program; and protection of environmental resources will be maintained. This determination shall be made using the provisions of subsections 62-344.500(2) through (6), F.A.C.

(2) In determining whether delegation would further the goal of providing an efficient, effective and streamlined permitting system as required by subsection 62-344.500(1), F.A.C., the Department shall determine all of the following:

(a) Whether the delegation would preclude the establishment or operation of a consistent state-wide joint coastal permit program, as provided in Sections 161.055 and 373.427, F.S., by resulting in the environmental resource permit and the coastal construction permit for the same activity being processed by separate entities.

(b) Whether the delegation would preclude the establishment or operation of consistent state-wide concurrent processing of applications for environmental resource permits and applications for approval to use sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, as provided in Sections 253.77 and 373.427, F.S., by resulting in the environmental resource permit and the approval to use sovereign submerged lands for the same activity being processed by separate entities.

(c) Whether the delegation would adversely affect the assumption of the Federal dredge and fill permitting program by the State, or establishment of a State Programmatic General Permit, pursuant to section 404 of the Federal Clean Water Act, for the remainder of the State outside the territory of the local government, or whether the delegation is prohibited by the terms of the federal assumption or State Programmatic General Permit in place when delegation is requested.

(d) For petitions requesting delegation of environmental resource permitting responsibility for solid waste management facilities, except those facilities that qualify for a general permit pursuant to Rules 62-701.801 (Solid Waste Transfer Station), 62-701.802 (Land Application of Grade II Domestic Sludge), 62-701.803 (Off-site Disposal of Construction and Demolition Debris), 62-709.800 (Composting Facilities), 62-710.800 (Used Oil Recycling Facilities), 62-711.801 (Mobile Waste Tire Processing Equipment), and 62-712.800 (Biomedical Waste Storage Facilities), F.A.C., whether the local government has received delegation of corresponding solid waste permitting responsibilities, or will receive delegation of corresponding solid waste permitting responsibilities at the time of delegation.

(e) For petitions requesting delegation of environmental resource permitting responsibility for hazardous waste facilities required to obtain a permit pursuant to Chapter 62-730, F.A.C., except when the storage of hazardous waste is merely an incidental component of a project for which the Department does not review and take final action on permit applications under the terms of the Operating Agreement between the Department and the applicable District referenced in subsection 62-344.100(1), F.A.C., whether the local government has received delegation of corresponding hazardous waste permitting responsibilities or will receive delegation of corresponding hazardous waste permitting responsibilities at the time of delegation.

(f) For petitions requesting delegation of environmental resource permitting responsibility for domestic wastewater treatment facilities, including effluent disposal sites, whether the local government has received delegation of corresponding domestic wastewater permitting responsibilities or will receive delegation of corresponding domestic wastewater permitting responsibilities.

(g) For petitions requesting delegation of environmental resource permitting responsibility for industrial wastewater treatment facilities required to obtain a permit pursuant to Chapter 62-660 or 62-670, F.A.C., except those facilities that qualify for a general permit pursuant to Rules 62-660.801 (Laundromat Wastewater Disposal Systems), 62-660.802 (Pesticide Waste Degradation Systems), 62-660.803 (Car Wash Recycle Systems), 62-660.805 (Tomato Wash Water Disposal), or 62-660.820 (Fish Farms), F.A.C., whether the local government has received delegation of corresponding industrial wastewater treatment permitting responsibilities, or will receive delegation of corresponding industrial wastewater treatment permitting responsibilities.

(h) For petitions requesting delegation of environmental resource permitting responsibility for mining projects, whether the local government has received delegation of corresponding mine reclamation approval responsibilities or will receive delegation of corresponding mine reclamation approval responsibilities at the time of delegation.

(i) Whether the delegation would impair the effective operation of any regulatory, resource planning, land management or land acquisition program which the Department or District is authorized or required to administer.

(3) To ensure that local government has the financial, technical, and administrative capabilities to effectively and efficiently implement and enforce the portion of the environmental resource permit program for which delegation is requested, and whether protection of environmental resources will be maintained, as required by subsection 62-344.500(1), F.A.C., the local government shall:

(a) Adopt verbatim the rules of the Department, and District as applicable, that will be used to implement the requested delegation. Such rules may be adopted either within the body of the local government’s controlling regulations or by incorporating those rules by reference within their regulations. Stricter standards of the local government, if any, shall also apply in addition to the applicable environmental resource permit program rules, as provided in Rule 62-344.600, F.A.C. Delegated local governments shall not apply local standards that are less protective than the corresponding standards in the environmental resource permit program of the Department and District.

(b) Be governed by the provisions of Sections 120.52, 120.53, 120.532, 120.533, 120.565, 120.57, 120.58, 120.59, 120.60, 120.61, 120.62, 120.66, 120.68, 120.69, 120.71, 373.114(1), and 373.413(3), F.S., and any notice or other procedural requirements that apply to activities reviewed under Part IV, Chapter 373, F.S.

(c) Have and maintain administrative organization, adequate staff, financial and technical resources, and equipment to effectively and efficiently implement the requested portion of the environmental resource permit program.

(d) Have and maintain sufficient equipment and procedures to effectively and efficiently track permit, compliance, and enforcement data, exchange such data with the Department and District, as applicable, to enable effective oversight by the Department. At a minimum, the local government shall either utilize the existing telecommunications systems of the Department and District, as applicable, to enter data directly into the existing tracking system of the Department and District, as applicable, or the local government shall use an alternate data exchange procedure using a standardized format developed and agreed upon by the Department and District, as applicable.

(e) Operate in accordance with the quality assurance rule of the Department, Chapter 62-160, F.A.C.

(f) Establish procedures by which the local government shall not deem an application for an environmental resource permit complete until the permit applicant has documented that the proposed activity is consistent with the land use designation or classification contained in the local government’s approved future land use map.

(4) The Department shall not delegate the environmental resource permit program for the following:

(a) Activities for which the permit applicant is the local government, including compliance and enforcement over such activities.

(b) Activities, exclusive of mitigation, which will occur, in part, outside of the jurisdictional territory of the local government or activities that are part of a phased project that can reasonably be expected to occur in part outside of the jurisdictional territory of the local government.

(c) Mitigation banks.

(d) Activities proposed by the Florida Department of Transportation, inland navigation districts as established and authorized by Chapters 12026 (1927), 14723 (1931), 23370 (1947) and 65-900, Laws of Florida, and Chapter 374, F.S., or ocurring within the deepwater ports listed in Section 403.061(26)(b), F.S.

(e) Activities proposed by the U.S. Coast Guard or the Department of Defense.

(f) Permitting actions as they are required for the Central Florida Beltway, pursuant to Section 338.250, F.S.

(g) Electrical distribution and transmission lines and other facilities related to the production, transmission and distribution of electricity that require certification under Sections 403.501 through 403.539, F.S. This shall not preclude the delegation of review and agency action on electrical distribution lines that are serving and located within a larger plan of development for which review and agency action is otherwise delegated to the local government.

(h) Natural gas or petroleum exploration, production, transmission, or distribution activities, including pipelines, associated facilities, and product pipelines, except those natural gas distribution lines serving and located within a larger plan of development for which review and agency action is otherwise delegated to the local government.

(i) Activities located within the Wekiva River Hydrologic Basin, the Econlockhatchee River Hydrologic Basin, and the Sensitive Karst Areas Basin, as set forth in Chapter 40C-41, F.A.C., except for applications for noticed general environmental resource permits.

(5) Notwithstanding the provisions of subsection 62-344.500(4), F.A.C., the Department may delegate to a local government the responsibility and authority to: perform formal determinations of wetlands and surface waters; perform compliance inspections and monitoring for activities subject to regulation under Part IV of Chapter 373, F.S.; and enforce orders and rules, including environmental resource permits issued or adopted by the Department or District pursuant to the authority of Part IV of Chapter 373, F.S.

(6) Department approval of a local government pursuant to Section 403.182, F.S., shall not constitute authorization to, or be used to determine whether a local government can, receive delegation under this chapter, or Section 373.441, F.S.

History

• Rulemaking Authority 373.441(1) FS. Law Implemented 373.441 FS. History–New 8-29-95, Amended 8-7-12.

Fla. Admin. Code R. 62-344.550 Delegations to Entities Identified in Section 373.441(1)(g), F.S

A county having a population of 75,000 or fewer, or a municipality or local pollution control program serving a population of 50,000 or fewer may request limiting the scope of delegation to the following:

(1) Reviewing, taking agency action, and performing compliance and enforcement on narrowly-targeted types of activities, such as stormwater management systems that fall below specified size, location, or volume thresholds;

(2) Performing monitoring, compliance or enforcement of activities regulated under Part IV of Chapter 373, F.S., on behalf of the Department or District, or

(3) Performing formal determinations of wetlands and surface waters in accordance with the rules adopted under Section 373.421, F.S.

History

• Rulemaking Authority 373.441(1) FS. Law Implemented 373.441 FS. History–New 8-7-12.

Fla. Admin. Code R. 62-344.600 Procedures for Identifying and Reconciling Duplicative Permitting and Incorporating Stricter Local Standards

If the Department determines to delegate all or a portion of the environmental resource permit program to a local government, the following procedures shall be followed to identify and reconcile duplicative permitting and incorporate stricter local standards.

(1) The Department shall determine, with assistance from the local government, which local standards are stricter than, or conflicting with, the Department’s and District’s environmental resource permit program rules. The Department shall determine which of these stricter standards are conflicting standards. The local government may continue to use stricter standards that are not conflicting standards.

(2) Any person applying for an environmental resource permit from the local government pursuant to the delegated environmental resource permit program must meet the permitting criteria of the environmental resource permit program rules and the local stricter standards to receive an environmental resource permit.

(3) The local government shall act on the delegated application or notice under Part IV of Chapter 373, F.S., and its stricter standards within the time frames requiring agency action under Section 120.60, F.S., and Part IV of Chapter 373, F.S.

(4) A local government that receives delegation of all or a portion of the environmental resource permit program shall not require an applicant to obtain a corresponding separate local permit for those activities during the period the delegation is in effect, unless any of the following exist:

(a) A decision on the local permit cannot be made within the timeframes requiring agency action on the delegated environmental resource permit application or notice under Section 120.60, F.S., and Part IV of Chapter 373, F.S.;

(b) The local government otherwise would have required a permit for an activity that does not require a permit under Part IV of Chapter 373, F.S., or

(c) The local government requires an individually-issued separate local permit for an activity that is otherwise authorized by a noticed general permit under the rules of the Department or District.

History

• Rulemaking Authority 373.441(1) FS. Law Implemented 373.441 FS. History–New 8-29-95, Amended 8-7-12.

Fla. Admin. Code R. 62-344.700 Delegation Agreements

(1) A local government shall not implement or enforce any provisions of Part IV of Chapter 373, F.S., on behalf of the Department or Districts, except pursuant to a delegation agreement entered into under this chapter.

(2) At a minimum, delegation agreements shall contain all of the following information:

(a) The geographic area in which the delegated portion of the environmental resource permit program is effective, and any area within the local government’s jurisdiction in which the Department or District retains, or another local government has been delegated, environmental resource permitting responsibilities.

(b) The relative regulatory responsibilities of the Department, District, and local government.

(c) A schedule for implementation of the delegated portion of the environmental resource permit program by the local government.

(d) A description of the data reporting requirements from the local government to the Department, and District if applicable.

(e) A description of how the local government will implement the provisions in paragraph 62-344.500(3)(b), F.A.C.

(f) A description of staff training programs the local government will undertake. At a minimum, the local government shall participate in training programs mandated by the Department and District.

(g) A description of the local government’s administrative organization, staff, financial and technical resources, and equipment, which will be available and maintained to implement the delegated portion of environmental resource permit program.

(h) Duration of the delegation agreement.

(i) Procedures for periodic review and amendment of the delegation agreement.

(j) Procedures and criteria for revocation or termination of the delegation agreement.

(k) Provisions for the Department’s oversight.

(l) Provisions for the deposition of all monetary penalties and damages recovered by a local government as a result of the local government’s enforcement of the delegated portion of the environmental resource permit program into the Ecosystem Management and Restoration Trust Fund pursuant to Section 373.129(5)(a), F.S., or a local water pollution control program trust fund, which fund shall be used to fund surface water improvement or pollution control activities, pursuant to Section 373.430(7), F.S.

(m) Provisions detailing how the local governments will use or adopt the rules of the Department or the District with jurisdiction over the territory covered by the proposed delegation that are applicable to the delegated portion of the environmental resource permit program.

(n) Provisions detailing how a delegated local government will comply with Rule 62-344.600, F.A.C.

(o) Provisions for establishing procedures requiring local governments to not issue an environmental resource permit until the permit applicant has documented that the proposed activity is consistent with the future land use element of the local comprehensive plan in the area where the proposed activity will take place using the procedures specified in paragraph 62-344.500(3)(f), F.A.C.

(p) Provisions by which the local government will assume the enforcement lead role for violations of the delegated environmental resource permit program, and by which the local government will coordinate with the Department, or District if applicable, on enforcement matters. Such provision shall provide that the Department or District will not file a separate enforcement action when the local government has resolved a violation under its delegated authority through a final order or judgement. However, the Department and District retain the right to become a party to an enforcement action when requested by the local government, and the right to initiate enforcement action when a delegated local government is not resolving violations in a timely or appropriate manner as prescribed in the delegation agreement. In such cases, a joint or consolidated enforcement action will be considered as a preferred alternative to a unilateral enforcement action by the Department or District.

(q) Provisions by which a delegated local government will comply with subparagraph 62-344.400(2)(c)5., F.A.C.

History

• Rulemaking Authority 373.441(1) FS. Law Implemented 373.441 FS. History–New 8-29-95, Amended 8-7-12.

Fla. Admin. Code R. 62-344.900 Forms

History

• Rulemaking Authority 373.441 FS. Law Implemented 373.441 FS. History–New 8-29-95, Repealed 2-16-12.

Chapter 62-345 UNIFORM MITIGATION ASSESSMENT METHOD

Fla. Admin. Code R. 62-345.100 Intent and Scope

(1) The intent of this rule is to fulfill the mandate of Section 373.414(18), F.S., which requires the establishment of a uniform mitigation assessment method to determine the amount of mitigation needed to offset adverse impacts to wetlands and other surface waters and to award and deduct mitigation bank credits. This chapter shall apply to those impacts subject to review under Section 373.414, F.S., excluding Sections 373.414(1)(a)1., 3., 5., 6. and (b)3., F.S.

(2) Except as specified above, the methodology in this chapter provides a standardized procedure for assessing the functions provided by wetlands and other surface waters, the amount that those functions are reduced by a proposed impact, and the amount of mitigation necessary to offset that loss. It does not assess whether the adverse impact meets other criteria for issuance of a permit, nor the extent that such impacts may be approved. This rule supersedes existing ratio guidelines or requirements concerning the amount of mitigation required to offset an impact to wetlands or other surface waters. Upon a determination that mitigation is required to offset a proposed impact, the methodology set forth in this rule shall be used to quantify the acreage of mitigation, or the number of credits from a mitigation bank or regional offsite mitigation area, required to offset the impact. This method is also used to determine the degree of improvement in ecological value of proposed mitigation bank activities. When applying this method, reasonable scientific judgment must be used.

(3) This method is not applicable to:

(a) Activities for which mitigation is not required;

(b) Activities authorized under general permits under Part IV of Chapter 373, F.S., for which special forms of mitigation are specified in the rule establishing the general permit;

(c) Activities in North Trail Basin and Bird Drive Basin in Miami-Dade County for which mitigation is specified in Department of Environmental Protection Permit Number 132416479, issued February 15, 1995 to Everglades National Park for a mitigation bank in the Hole in the Donut, which is incorporated by reference herein;

(d) Activities for which mitigation is determined under Section 373.41492, F.S.;

(e) Florida Department of Transportation permit applications where mitigation is provided under a plan developed by a water management district and approved by Department of Environmental Protection final order pursuant to Section 373.4137, F.S., prior to the effective date of this rule;

(f) Activities for which mitigation is determined under Section 338.250, F.S. (Central Florida Beltway);

(g) Impacts that are offset under the net improvement provision of Section 373.414(1)(b)3., F.S.;

(h) Fishing or recreational values, pursuant to Section 373.414(1)(a)4., F.S., or

(i) Mitigation for mangrove trimming and alteration as required and implemented in accordance with Section 403.9332, F.S.

(4) This method is not intended to supersede or replace existing rules regarding cumulative impacts, the prevention of secondary impacts, reduction and elimination of impacts, or to determine the appropriateness of the type of mitigation proposed.

(5) For the following types of secondary impacts, the amount and type of mitigation required to offset these impacts shall include measures such as the implementation of management plans, participation in a wildlife management park established by the Florida Fish and Wildlife Conservation Commission, incorporation of culverts or bridged crossings designed to facilitate wildlife movement, fencing to limit access, reduced speed zones, plans to protect significant historical or archeological resources, or other measures designed to offset the secondary impact, rather than the implementation of Rules 62-345.400 through 62-345.600, F.A.C.:

(a) Secondary impacts to fish or wildlife caused by collision with boat traffic, automobile traffic, or towers;

(b) Secondary impacts to aquatic or wetland dependent listed animal species caused by impacts to uplands used by such species for nesting or denning, or

(c) Secondary impacts to historical or archeological resources.

(6) An entity that has received a mitigation bank permit issued by the Department of Environmental Protection or a water management district under Sections 373.4135 and 373.4136, F.S., prior to the adoption of this rule, or any mitigation bank with an application pending pursuant to subsection 62-345.100(7), F.A.C., and permitted under the applicable rules, ordinances and special acts in effect prior to the adoption of this rule, must have impact sites assessed for the purpose of deducting bank credits using the credit assessment method, including any functional assessment methodology, that was in place when the bank was permitted. A permitted mitigation bank has the option to modify the mitigation bank permit to have its credits re-assessed under the method in this chapter, and thereafter have its credits deducted using the method adopted in this chapter. In accordance with Section 373.4136, F.S., the number of credits awarded must be based on the degree of improvement in ecological value expected to result from the establishment and operation of the mitigation bank, as determined using the assessment methodology in this chapter.

(7) Any application for a permit or other authorization involving mitigation, including mitigation banks, that is pending on or before the effective date of this chapter shall be reviewed under the applicable rules, ordinances, and special acts in effect before the effective date of this chapter, unless the applicant elects to amend the application to be reviewed under this chapter.

(8) Applications to modify a conceptual, conceptual approval, standard, standard general or individual permit that was either issued prior to the effective date of this chapter or reviewed under the applicable rules, ordinances and special acts in effect prior to the adoption of this rule pursuant to subsection 62-345.100(7), F.A.C., shall be evaluated under the mitigation assessment criteria used in the review of the permit, unless the applicant elects to have the application reviewed under this chapter or unless the proposed modification is reasonably expected to lead to substantially different or substantially increased water resource impacts. For the purposes of this subsection, applications to construct part or all of a project that are consistent with a valid conceptual approval permit or a valid conceptual permit shall be considered a modification of the conceptual approval permit or conceptual permit.

(9) An application for a permit under Part IV of Chapter 373, F.S., for an activity associated with mining operations that qualifies for the exemption in Section 373.414(15), F.S., shall be reviewed under the applicable rules identified in Section 373.414(15), F.S.

(10) The Department and Water Management Districts shall develop and conduct training workshops for agency staff, local governments, and the public on the application of this rule, prior to the effective date of this rule.

History

• Rulemaking Authority 373.026(7), 373.043, 373.414(9), (18) FS. Law Implemented 373.414(18) FS. History–New 2-2-04, Amended 4-27-05.

Fla. Admin. Code R. 62-345.200 Definitions

(1) “Assessment area” means all or part of a wetland or surface water impact site, or a mitigation site, that is sufficiently homogeneous in character, impact, or mitigation benefits to be assessed as a single unit.

(2) “Reviewing agency” means the Florida Department of Environmental Protection, or any water management district, local government or other governmental agency required by Section 373.414(18), F.S., to use this methodology.

(3) “Ecological value” means the value of functions performed by uplands, wetlands, and other surface waters to the abundance, diversity, and habitats of fish, wildlife, and listed species. Included are functions such as providing cover and refuge; breeding, nesting, denning, and nursery areas; corridors for wildlife movement; food chain support; natural water storage, natural flow attenuation, and water quality improvement which enhances fish, wildlife, and listed species utilization.

(4) “Impact site” means wetlands and other surface waters as delineated pursuant to Chapter 62-340, F.A.C., that would be impacted by the project. Uplands shall not be included as part of the impact site.

(5) “Indicators” means physical, chemical, or biological indications of wetland or other surface waters function.

(6) “Invasive Exotic” for purposes of this rule means animal species that are outside of their natural range or zone of dispersal and have or are able to form self-sustaining and expanding populations in communities in which they did not previously occur, and those plant species listed in the Florida Exotic Pest Plant Council’s 2001 List of Invasive Species Category I and II, which is incorporated by reference herein, and may be found on the Internet at www.fleppc.org or by writing to the Bureau of Beaches and Wetland Resources, Department of Environmental Protection, 2600 Blair Stone Road, MS 2500, Tallahassee, FL 32399-2400.

(7) “Listed species” means those animal species that are endangered, threatened or of special concern and are listed in Rules 68A-27.003, 68A-27.004 and 68A-27.005, F.A.C., and those plant species listed in 50 Code of Federal Regulations 17.12, when such plants are located in a wetland or other surface water.

(8) “Mitigation credit” or “credit” means a standard unit of measure which represents the increase in ecological value resulting from restoration, enhancement, preservation, or creation activities.

(9) “Mitigation site” means wetlands and other surface waters as delineated pursuant to Chapter 62-340, F.A.C., or uplands, that are proposed to be created, restored, enhanced, or preserved by the mitigation project.

(10) “With impact assessment” means the reasonably anticipated outcome at an assessment area assuming the proposed impact is conducted.

(11) “With mitigation assessment” means the outcome at an assessment area assuming the proposed mitigation is successfully conducted.

(12) “Without preservation assessment” means the reasonably anticipated outcome at an assessment area assuming the area is not preserved.

History

• Rulemaking Authority 373.026(7), 373.043, 373.414(9), (18) FS. Law Implemented 373.414(18) FS. History–New 2-2-04.

Fla. Admin. Code R. 62-345.300 Assessment Method Overview and Guidance

(1) When an applicant proposes mitigation for impacts to wetlands and surface waters as part of an environmental resource permit or wetland resource permit application, the applicant will be responsible for submitting the necessary supporting information for the application of Rules 62-345.400-.600, F.A.C., of this chapter and the reviewing agency will be responsible for verifying this information and applying this assessment method to determine the amount of mitigation necessary to offset the proposed impacts. When an applicant submits a mitigation bank or regional mitigation permit application, the applicant will be responsible for submitting the necessary supporting information for the application of Rules 62-345.400-.600, F.A.C., of this chapter and the reviewing agency will be responsible for verifying this information and applying this assessment method to determine the potential amount of mitigation to be provided by the bank or regional mitigation area.

(2) To determine the value of functions provided by impact and mitigation sites, the method incorporates the following considerations: current condition (see subsection 62-345.500(6), F.A.C.); hydrologic connection (see paragraph 62-345.400(1)(d), F.A.C.); uniqueness (see paragraph 62-345.400(1)(f), F.A.C.); location (see subsections 62-345.400(1) and 62-345.500(7), F.A.C.); fish and wildlife utilization (see paragraph 62-345.400(1)(h), F.A.C.); time lag (see subsection 62-345.600(1), F.A.C.); and mitigation risk (see subsection 62-345.600(2), F.A.C.).

(3) The assessment method is designed to be used in any type of impact site or mitigation site in any geographic region of the state. The inherent flexibility required for such a method is accomplished in a multi-part approach that consists of the following processes:

(a) Conduct qualitative characterization of both the impact and mitigation assessment areas (Part I) that describes the assessment area, identifies its native community type and the functions to fish and wildlife and their habitat, using Form 62-345.300(1), Part I – Qualitative Description, incorporated by reference herein (2-2-04), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06935, or from the Agency as provided in subsection (6). The purpose of Part I is to provide a framework for comparison of the assessment area to the optimal condition and location of that native community type. Another purpose of this part is to note any relevant factors of the assessment area that are discovered by site inspectors, including use by listed species.

(b) Conduct quantitative assessment (Part II) of the impact and mitigation sites and use the numerical scores to compare the reduction of ecological value due to proposed impacts and the gain in ecological value due to proposed mitigation and to determine whether a sufficient amount of mitigation is proposed, using Form 62-345.300(2), Part II – Quantification of Assessment Area (impact or mitigation), incorporated by reference herein (2-2-04), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06936, or from the Agency as provided in subsection (6).

(c) Adjust the gain in ecological value from either upland or wetland preservation in accordance with subsection 62-345.500(3), F.A.C.

(d) For mitigation assessment areas, assess the proposed mitigation for time lag and risk.

(e) Determine the functional gain or loss for mitigation and impact assessment areas, respectively, by applying the formulas in subsection 62-345.600(3), F.A.C., to ascertain the number of mitigation bank credits to be awarded and debited and the amount of mitigation needed to offset the impacts to wetlands and other surface waters, using Form 62-345.300(3), Mitigation Determination Formulas, incorporated by reference herein (9-12-07), which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06937, or from the Agency as provided in subsection (6).

(4) Part I of this method provides a descriptive framework to characterize the assessment area and the functions provided by that area. Part II of this method provides indicators of wetland and other surface water function, which are scored based on the framework developed in Part I. Part I must be completed and referenced by the user of this method when scoring the assessment area in Part II. An impact or mitigation site may contain more than one assessment area, each of which shall be independently evaluated under this method.

(5) The degree of ecological change on a site must be determined for both the impact and mitigation assessment areas by the mathematical difference in the Part II scores established pursuant to Rule 62-345.500, F.A.C., between the current condition and with-impact condition assessment, and between the current condition or without preservation and the with mitigation condition assessments. This difference is termed the “delta.” This formula must be applied to all assessment areas within both proposed impact sites and mitigation sites (including mitigation banks and regional offsite mitigation areas when applicable).

(6) All forms incorporated in Rule 62-345.300, F.A.C., may also be obtained from the reviewing agency identified in Appendix A of the Environmental Resource Permit Applicant’s Handbook Volume I, which is incorporated by reference in paragraph 62-330.010(4)(a), F.A.C.

History

• Rulemaking Authority 373.026(7), 373.043, 373.414(9), 373.414(18) FS. Law Implemented 373.414(18) FS. History–New 2-2-04, Amended 9-12-07, 6-14-16.

Fla. Admin. Code R. 62-345.400 Qualitative Characterization – Part I

An impact or mitigation assessment area must be described with sufficient detail to provide a frame of reference for the type of community being evaluated and to identify the functions that will be evaluated. When an assessment area is an upland proposed as mitigation, functions must be related to the benefits provided by that upland to fish and wildlife of associated wetlands or other surface waters. Information for each assessment area must be sufficient to identify the functions beneficial to fish and wildlife and their habitat that are characteristic of the assessment area’s native community type, based on currently available information, such as aerial photographs, topographic maps, geographic information system data and maps, site visits, scientific articles, journals, other professional reports, field verification when needed, and reasonable scientific judgment. For artificial systems, such as borrow pits, ditches and canals, and for altered systems, refer to the native community type it most closely resembles. The information provided by the applicant for each assessment area must address the following, as applicable:

(1) Special water classifications, such as whether the area is in an Outstanding Florida Water, an Aquatic Preserve, a Class II water approved, restricted, conditionally approved, conditionally restricted for shellfish harvesting, or an Area of Critical State Concern;

(2) Significant nearby features that might affect the values of the functions provided by the assessment area, such as areas with regionally significant ecological resources or habitats (national or state parks, forests, or reserves; Outstanding National Resource Waters and associated watershed; Outstanding Florida Waters and associated watershed; other conservation areas), major industry, or commercial airport;

(3) Assessment area size;

(4) Geographic relationship and hydrologic connection between the assessment area and any contiguous wetland or other surface waters, or uplands, as applicable;

(5) Classification of the assessment area’s native community type, considering past alterations that affect the classification. Classification shall be based on Florida Land Use, Cover and Form Classification System (1999) (FLUCC) codes, which is incorporated by reference herein. In addition, the applicant may further classify the assessment area using the 26 Communities of Florida, Soils Conservation Service (February 1981), which is incorporated by reference herein; A Hydrogeomorphic Classification for Wetlands, Wetland Research Program Technical Report WRP-DE-4, Mark M. Brinson (August 1993), which is incorporated by reference herein; or other sources that, based on reasonable scientific judgment, describe the natural communities in Florida;

(6) Uniqueness when considering the relative rarity of the wetland or other surface water and floral and faunal components, including listed species, on the assessment area in relation to the surrounding regional landscape;

(7) Functions performed by the assessment area’s native community type. Functions to be considered are: providing cover, substrate, and refuge; breeding, nesting, denning, and nursery areas; corridors for wildlife movement; food chain support; and natural water storage, natural flow attenuation, and water quality improvement, which enhances fish, wildlife, and listed species utilization;

(8) Anticipated wildlife utilization and type of use (feeding, breeding, nesting, resting, or denning), and applicable listing classifications (threatened, endangered, or species of special concern as defined by Rules 68A-27.003, 68A-27.004 and 68A-27.005, F.A.C.). The list developed for the assessment area need not include all species which use the area, but must include all listed species in addition to those species that are characteristic of the native community type, considering the size and geographic location of the assessment area. Generally, wildlife surveys will not be required. The need for a wildlife survey will be determined by the likelihood that the site is used by listed species, considering site characteristics and the range and habitat needs of such species, and whether the proposed system will impact that use;

(9) Whether any portion of the assessment area has been previously used as mitigation for a prior issued permit; and,

(10) Any additional information that is needed to accurately characterize the ecological values of the assessment area and functions provided.

History

• Rulemaking Authority 373.026(7), 373.043, 373.414(9), (18) FS. Law Implemented 373.414(18) FS. History–New 2-2-04, Amended 9-12-07.

Fla. Admin. Code R. 62-345.500 Assessment and Scoring ‒ Part II

(1) Utilizing the frame of reference established in Part I, the information obtained under this part must be used to determine the degree to which the assessment area provides the functions identified in Part I and the amount of function lost or gained by the project. Each impact assessment area and each mitigation assessment area must be assessed under two conditions.

(a) Current condition or, in the case of preservation mitigation, without preservation – For assessment areas where previous impacts that affect the current condition are temporary in nature, consideration will be given to the inherent functions of these areas relative to seasonal hydrologic changes, and expected vegetation regeneration and projected habitat functions if the use of the area were to remain unchanged. When evaluating impacts to a previously permitted mitigation site that has not achieved its intended function, the reviewing agency shall consider the functions the mitigation site was intended to offset and any delay or reduction in offsetting those functions that may be caused by the project. Previous construction or alteration undertaken in violation of Part IV, Chapter 373, or Sections 403.91-.929, F.S. (1984 Supp.), as amended, or rule, order or permit adopted or issued thereunder, will not be considered as having diminished the condition and relative value of a wetland or surface water, when assigning a score under this part. When evaluating wetlands or other surface waters that are within an area that is subject to a recovery strategy pursuant to Chapter 40D-80, F.A.C., impacts from water withdrawals will not be considered when assigning a score under this part.

(b) “With mitigation” or “with impact” – The “with mitigation” and “with impact” assessments are based on the reasonably expected outcome, which may represent an increase, decrease, or no change in value relative to current conditions. For the “with impact” and “with mitigation” assessments, the evaluator will assume that all other necessary regulatory authorizations required for the proposed project have been obtained and that construction will be consistent with such authorizations. The “with mitigation” assessment will be scored only when reasonable assurance has been provided that the proposed plan can be conducted.

(c) When the “with impact” outcome is upland, the “with impact” scores for each of the wetland indicators of function shall be zero (0).

(2) Upland mitigation assessment areas shall be scored using the location and community structure indicators listed in subsection 62-345.500(6), F.A.C. Scoring of these indicators for the upland assessment areas shall be based on benefits provided to the fish and wildlife of the associated wetlands or other surface waters, considering the current or anticipated ecological value of those wetlands and other surface waters.

(a) For upland preservation, the gain in ecological value is determined by the mathematical difference between the score of the upland assessment area with the proposed preservation measure and the upland assessment area without the proposed preservation measure. When the community structure is scored as “zero”, then the location and landscape support shall also be “zero.” The resulting delta is then multiplied by the preservation adjustment factor contained in subsection 62-345.500(3), F.A.C.

(b) For upland enhancement or restoration, the value provided shall be determined by the mathematical difference between the score of the upland assessment area with the proposed restoration or enhancement measure and the current condition of the upland assessment area.

(c) For uplands proposed to be converted to wetlands or other surface waters through creation or restoration measures, the upland areas shall be scored as “zero” in their current condition. Only the “with mitigation” assessment shall be scored in accordance with the indicators listed in subsection 62-345.500(6), F.A.C.

(3)(a) When assessing preservation, the “with mitigation” assessment shall consider the potential of the assessment area to perform current functions in the long term, considering the protection mechanism proposed, and the “without preservation” assessment shall evaluate the assessment area’s functions considering the extent and likelihood of what activities would occur if it were not preserved, the temporary or permanent effects of those activities, and the protection provided by existing easements, restrictive covenants, or state, federal, and local rules, ordinances and regulations. The gain in ecological value is determined by the mathematical difference between the Part II scores for the “with mitigation” and “without preservation” (the delta) multiplied by a preservation adjustment factor. The preservation adjustment factor shall be scored on a scale from 0 (no preservation value) to 1 (optimal preservation value), on one-tenth increments. The score shall be assigned based on the applicability and relative significance of the following considerations:

1. The extent to which proposed management activities within the preserve area promote natural ecological conditions such as fire patterns or the exclusion of invasive exotic species.

2. The ecological and hydrological relationship between wetlands, other surface waters, and uplands to be preserved.

3. The scarcity of the habitat provided by the proposed preservation area and the degree to which listed species use the area.

4. The proximity of the area to be preserved to areas of national, state, or regional ecological significance, such as national or state parks, Outstanding Florida Waters, and other regionally significant ecological resources or habitats, such as lands acquired or to be acquired through governmental or non-profit land acquisition programs for environmental conservation, and whether the areas to be preserved include corridors between these habitats.

5. The extent and likelihood of potential adverse impacts if the assessment area were not preserved.

(b) The preservation adjustment factor is multiplied by the mitigation delta assigned to the preservation proposal to yield an adjusted mitigation delta for preservation.

(4) The evaluation must be based on currently available information, such as aerial photographs, topographic maps, geographic information system data and maps, site visits, scientific articles, journals, other professional reports, and reasonable scientific judgment.

(5) Indicators of wetland and other surface water function listed in this part are scored on a relative scale of zero to ten, based on the level of function that benefits fish and wildlife. For the purpose of providing guidance, descriptions are given for four general categories of scores: optimal (10), moderate (7), minimal (4), and not present (0). Any whole number score between 0-10 may be used that is a best fit to a single or combination of descriptions and in relation to the optimal level of function of that community type or habitat.

(6) Three categories of indicators of wetland function (location and landscape support, water environment and community structure) listed below are to be scored to the extent that they affect the ecological value of the assessment area. Upland mitigation assessment areas shall be scored for location and community structure only.

(a) Location and Landscape Support – The value of functions provided by an assessment area to fish and wildlife are influenced by the landscape position of the assessment area and its relationship with surrounding areas. While the geographic location of the assessment area does not change, the ecological relationship between the assessment area and surrounding landscape may vary from the current condition to the “with impact” and “with mitigation” conditions. Many species that nest, feed or find cover in a specific habitat or habitat type are also dependent in varying degrees upon other habitats, including upland, wetland and other surface waters, that are present in the regional landscape. For example, many amphibian species require small isolated wetlands for breeding pools and for juvenile life stages, but may spend the remainder of their adult lives in uplands or other wetland habitats. If these habitats are unavailable or poorly connected in the landscape or are degraded, then the value of functions provided by the assessment area to the fish and wildlife identified in Part I is reduced. The location of the assessment area shall be considered to the extent that fish and wildlife utilizing the area have the opportunity to access other habitats necessary to fulfill their life history requirements. The availability, connectivity, and quality of offsite habitats, and offsite land uses which might adversely impact fish and wildlife utilizing these habitats, are factors to be considered in assessing the location of the assessment area. The location of the assessment area shall be considered relative to offsite and upstream hydrologic contributing areas and to downstream and other connected waters to the extent that the diversity and abundance of fish and wildlife and their habitats is affected in these areas. The opportunity for the assessment area to provide offsite water quantity and quality benefits to fish and wildlife and their habitats downstream and in connected waters is assessed based on the degree of hydrologic connectivity between these habitats and the extent to which offsite habitats are affected by discharges from the assessment area. It is recognized that isolated wetlands lack surface water connections to downstream waters and as a result, do not perform certain functions (e.g., detrital transport) to benefit downstream fish and wildlife; for such wetlands, this consideration does not apply.

1. A score of (10) means the assessment area is ideally located and the surrounding landscape provides full opportunity for the assessment area to perform beneficial functions at an optimal level. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

a. Habitats outside the assessment area represent the full range of habitats needed to fulfill the life history requirements of all wildlife listed in Part I and are available in sufficient quantity to provide optimal support for these wildlife.

b. Invasive exotic or other invasive plant species are not present in the proximity of the assessment area.

c. Wildlife access to and from habitats outside the assessment area is not limited by distance to these habitats and is unobstructed by landscape barriers.

d. Functions of the assessment area that benefit downstream fish and wildlife are not limited by distance or barriers that reduce the opportunity for the assessment area to provide these benefits.

e. Land uses outside the assessment area have no adverse impacts on wildlife in the assessment area as listed in Part I.

f. The opportunity for the assessment area to provide benefits to downstream or other hydrologically connected areas is not limited by hydrologic impediments or flow restrictions.

g. Downstream or other hydrologically connected habitats are critically or solely dependent on discharges from the assessment area and could suffer severe adverse impacts if the quality or quantity of these discharges were altered.

h. For upland mitigation assessment areas, the uplands are located so as to provide optimal protection of wetland functions.

2. A score of (7) means that, compared to the ideal location, the location of the assessment area limits its opportunity to perform beneficial functions to 70% of the optimal ecological value. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

a. Habitats outside the assessment area are available in sufficient quantity and variety to provide optimal support for most, but not all, of the wildlife listed in Part I, or certain wildlife populations may be limited due to the reduced availability of habitats needed to fulfill their life history requirements.

b. Some of the plant community composition in the proximity of the assessment area consists of invasive exotic or other invasive plant species, but cover is minimal and has minimal adverse effect on the functions provided by the assessment area.

c. Wildlife access to and from habitats outside the assessment area is partially limited, either by distance or by the presence of barriers that impede wildlife movement.

d. Functions of the assessment area that benefit fish and wildlife downstream are somewhat limited by distance or barriers that reduce the opportunity for the assessment area to provide these benefits.

e. Land uses outside the assessment area have minimal adverse impacts on fish and wildlife identified in Part I.

f. The opportunity for the assessment area to provide benefits to downstream or other hydrologically connected areas is limited by hydrologic impediments or flow restrictions such that these benefits are provided with lesser frequency or lesser magnitude than would occur under optimal conditions.

g. Downstream or other hydrologically connected habitats derive significant benefits from discharges from the assessment area and could suffer substantial adverse impacts if the quality or quantity of these discharges were altered.

h. For upland mitigation assessment areas, the uplands are located so as to provide significant, but suboptimal, protection of wetland functions.

3. A score of (4) means that, compared to the ideal location, the assessment area location limits its opportunity to perform beneficial functions to 40% of the optimal ecological value. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

a. Availability of habitats outside the assessment area is fair, but fails to provide support for some species of wildlife listed in Part I, or provides minimal support for many of the species listed in Part I.

b. The majority of the plant community composition in the proximity of the assessment area consists of invasive exotic or other invasive plant species that adversely affect the functions provided by the assessment area.

c. Wildlife access to and from habitats outside the assessment area is substantially limited, either by distance or by the presence of barriers which impede wildlife movement.

d. Functions of the assessment area that benefit fish and wildlife downstream are limited by distance or barriers which substantially reduce the opportunity for the assessment area to provide these benefits.

e. Land uses outside the assessment area have significant adverse impacts on fish and wildlife identified in Part I.

f. The opportunity for the assessment area to provide benefits to downstream or other hydrologically connected areas is limited by hydrologic impediments or flow restrictions, such that these benefits are rarely provided or are provided at greatly reduced levels compared to optimal conditions.

g. Downstream or other hydrologically connected habitats derive minimal benefits from discharges from the assessment area but could be adversely impacted if the quality or quantity of these discharges were altered.

h. For upland mitigation assessment areas, the uplands are located so as to provide minimal protection of wetland functions.

4. A score of (0) means that the location of the assessment area provides no habitat support for wildlife utilizing the assessment area and no opportunity for the assessment area to provide benefits to fish and wildlife outside the assessment area. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

a. No habitats are available outside the assessment area to provide any support for the species of wildlife listed in Part I.

b. The plant community composition in the proximity of the assessment area consists predominantly of invasive exotic or other invasive plant species such that little or no function is provided by the assessment area.

c. Wildlife access to and from habitats outside the assessment area is precluded by barriers or distance.

d. Functions of the assessment area that would be expected to benefit fish and wildlife downstream are not present.

e. Land uses outside the assessment area have a severe adverse impact on wildlife in the assessment area as listed in Part I.

f. There is negligible or no opportunity for the assessment area to provide benefits to downstream or other hydrologically connected areas due to hydrologic impediments or flow restrictions that preclude provision of these benefits.

g. Discharges from the assessment area provide negligible or no benefits to downstream or hydrologically connected areas and these areas would likely be unaffected if the quantity or quality of these discharges were altered.

h. For upland mitigation assessment areas, the uplands are located so as to provide no protection of wetland functions.

(b) Water Environment – The quantity of water in an assessment area, including the timing, frequency, depth and duration of inundation or saturation, flow characteristics, and the quality of that water, may facilitate or preclude its ability to perform certain functions and may benefit or adversely impact its capacity to support certain wildlife. Hydrologic requirements and tolerance to hydrologic alterations and water quality variations vary by ecosystem type and the wildlife utilizing the ecosystem. Hydrologic conditions within an assessment area, including water quantity and quality, must be evaluated to determine the effect of these conditions on the functions performed by area and the extent to which these conditions benefit or adversely affect wildlife. Water quality within wetlands and other surface waters is affected by inputs from surrounding and upstream areas and the ability of the wetland or surface water system to assimilate those inputs. Water quality within the assessment area can be directly observed or can be inferred based on available water quality data, onsite indicators, adjacent land uses and estimated pollutant removal efficiencies of contributing surface water management systems. Hydrologic conditions in the assessment area are a result of external hydrologic inputs and the water storage and discharge characteristics of the assessment area. Landscape features outside the assessment area, such as impervious surfaces, borrow pits, levees, berms, swales, ditches, canals, culverts, or control structures, may affect hydrologic conditions in the assessment area. Surrounding land uses may also affect hydrologic conditions in the assessment area if these land uses increase discharges to the assessment area, such as agricultural discharges of irrigation water, or decrease discharges, such as wellfields or mined areas.

1. A score of (10) means that the hydrology and water quality fully supports the functions and provides benefits to fish and wildlife at optimal capacity for the assessment area. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

a. Water levels and flows appear appropriate, considering seasonal variation, tidal cycle, antecedent weather and other climatic effects.

b. Water level indicators are distinct and consistent with expected hydrologic conditions for the type of system being evaluated.

c. Soil moisture is appropriate for the type of system being evaluated, considering seasonal variation, tidal cycle, antecedent weather and other climatic effects. No evidence of soil desiccation, oxidation or subsidence is observed.

d. Soil erosion or deposition patterns are not atypical or indicative of altered flow rates or points of discharge.

e. Evidence of fire history does not indicate atypical fire frequency or severity due to excessive dryness.

f. Vegetation or benthic community zonation in all strata are appropriate for the type of system being evaluated and does not indicate atypical hydrologic conditions.

g. Vegetation shows no signs of hydrologic stress such as excessive mortality, leaning or fallen trees, thinning canopy or signs of insect damage or disease which may be associated with hydrologic stress.

h. Presence or evidence of use by animal species with specific hydrologic requirements is consistent with expected hydrologic conditions for the system being evaluated.

i. Plant community composition is not characterized by species tolerant of and associated with water quality degradation or alterations in frequency, depth, and duration in inundation or saturation.

j. Direct observation of standing water indicates no water quality degradation such as discoloration, turbidity, or oil sheen.

k. Existing water quality data indicates conditions are optimal for the type of community and would fully support the ecological values of the area.

l. Water depth, wave energy, currents and light penetration are optimal for the type of community being evaluated.

2. A score of (7) means that the hydrology and water quality supports the functions and provides benefits to fish and wildlife at 70% of the optimal capacity for the assessment area. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

a. Water levels and flows are slightly higher or lower than appropriate, considering seasonal variation, tidal cycle, antecedent weather and other climatic effects.

b. Water level indicators are not as distinct or as consistent as expected for hydrologic conditions for the type of system being evaluated.

c. Although soil oxidation or subsidence is minimal, soils are drier than expected for the type of system being evaluated, considering seasonal variation, tidal cycle, antecedent weather and other climatic effects.

d. Soil erosion or deposition patterns indicate minor alterations in flow rates or points of discharge.

e. Fire history evidence indicates that fire frequency or severity may be more than expected for the type of system being evaluated, possibly due to dryness.

f. Vegetation or benthic community zonation in some strata is inappropriate for the type of system being evaluated, indicating atypical hydrologic conditions.

g. Vegetation has slightly greater than normal mortality, leaning or fallen trees, thinning canopy or signs of insect damage or disease which may be associated with some hydrologic stress.

h. Presence or evidence of use by animal species with specific hydrologic requirements is less than expected or species present have more generalized hydrologic requirements.

i. Some of the plant community composition consists of species tolerant of and associated with moderate water quality degradation or alterations in frequency, depth, and duration in inundation or saturation.

j. Direct observation of standing water indicates slight water quality degradation such as discoloration, turbidity, or oil sheen.

k. Existing water quality data indicates slight deviation from what is normal, but these variations in parameters, such as salinity or nutrient loading, are not expected to cause more than minimal ecological effects.

l. Water depth, wave energy, currents and light penetration are generally sufficient for the type of community being evaluated but are expected to cause some changes in species, age classes and densities.

3. A score of (4) means that the hydrology and water quality supports the functions and provides benefits to fish and wildlife at 40% of the optimal capacity for the assessment area. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

a. Water levels and flows are moderately higher or lower than appropriate, considering seasonal variation, tidal cycle, antecedent weather and other climatic effects.

b. Water level indicators are not distinct and are not consistent with the expected hydrologic conditions for the type of system being evaluated.

c. Soil moisture has deviated from what is appropriate for the type of system being evaluated, considering seasonal variation, tidal cycle, antecedent weather and other climatic effects. Strong evidence of soil desiccation, oxidation or subsidence is observed.

d. Soil erosion or deposition patterns are strongly atypical and indicative of alterations in flow rates or points of discharge.

e. Fire history evidence indicates that fire frequency or severity may be much more than expected for the type of system being evaluated, possibly due to dryness.

f. Vegetation or benthic community zonation in most strata is inappropriate for the type of system being evaluated, indicating atypical hydrologic conditions.

g. Vegetation has strong evidence of greater than normal mortality, leaning or fallen trees, thinning canopy or signs of insect damage or disease associated with hydrologic stress.

h. Presence or evidence of use by animal species with specific hydrologic requirements is greatly reduced from expected or those species present have more generalized hydrologic requirements.

i. Much of the plant community composition consists of species tolerant of and associated with moderate water quality degradation or alterations in frequency, depth, and duration in inundation or saturation.

j. Direct observation of standing water indicates moderate water quality degradation such as discoloration, turbidity, or oil sheen.

k. Existing water quality data indicates moderate deviation from normal for parameters such as salinity or nutrient loading, so that ecological effects would be expected.

l. Water depth, wave energy, currents and light penetration are not well suited for the type of community being evaluated and are expected to cause significant changes in species, age classes and densities.

4. A score of (0) means that the hydrology and water quality does not support the functions and provides no benefits to fish and wildlife. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

a. Water levels and flows exhibit an extreme degree of deviation from what is appropriate, considering seasonal variation, tidal cycle, antecedent weather and other climatic effects.

b. Water level indicators are not present or are greatly inconsistent with expected hydrologic conditions for the type of system being evaluated.

c. Soil moisture has deviated from what is appropriate for the type of system being evaluated, considering seasonal variation, tidal cycle, antecedent weather and other climatic effects. Strong evidence of substantial soil desiccation, oxidation or subsidence is observed.

d. Soil erosion or deposition patterns are greatly atypical or indicative of greatly altered flow rates or points of discharge.

e. Fire history indicates great deviation from typical fire frequency or severity, due to extreme dryness.

f. Vegetation or benthic community zonation in all strata is inappropriate for the type of system being evaluated, indicating atypical hydrologic conditions.

g. Vegetation has strong evidence of much greater than normal mortality, leaning or fallen trees, thinning canopy or signs of insect damage or disease which may be associated with hydrologic stress.

h. Presence or evidence of use by animal species with specific hydrologic requirements is lacking and those species present have generalized hydrologic requirements.

i. The plant community composition consists predominantly of species tolerant of and associated with highly degraded water or alterations in frequency, depth, and duration in inundation or saturation.

j. Direct observation of standing water indicates significant water quality degradation such as obvious discoloration, turbidity, or oil sheen.

k. Existing water quality data indicates large deviation from normal for parameters such as salinity or nutrient loading, so that adverse ecological effects would be expected.

l. Water depth, wave energy, currents and light penetration are inappropriate for the type of community (species, age classes and densities) being evaluated.

(c) Community Structure – Each impact and mitigation assessment area is evaluated with regard to its characteristic community structure. In general, a wetland or other surface water is characterized either by plant cover or by open water with a submerged benthic community. Wetlands and surface waters characterized by plant cover will be scored according to subparagraph 62-345.500(6)(c)1., F.A.C., while benthic communities will be assessed in accordance with subparagraph 62-345.500(6)(c)2., F.A.C. If the assessment area is a mosaic of relatively equal parts of submerged plant cover and a submerged benthic community, then both of these indicators will be scored and those scores averaged to obtain a single community structure score.

1. Vegetation and structural habitat – The presence, abundance, health, condition, appropriateness, and distribution of plant communities in surface waters, wetlands, and uplands can be used as indicators to determine the degree to which the functions of the community type identified are provided. Vegetation is the base of the food web in any community and provides many additional structural habitat benefits to fish and wildlife. In forested systems, for example, the vertical structure of trees, tree cavities, standing dead snag, and fallen logs provide forage, nesting, and cover habitat for wildlife. Topographic features, such as flats, deeper depressions, hummocks, or tidal creeks also provide important structure for fish and wildlife habitat. Overall condition of a plant community can often be evaluated by observing indicators such as dead or dying vegetation, regeneration and recruitment, size and age distribution of trees and shrubs, fruit production, chlorotic or spindly plant growth, structure of the vegetation strata, and the presence, coverage and distribution of inappropriate plant species. Human activities such as mowing, grazing, off-road vehicle activity, boat traffic, and fire suppression constitute more direct and easily observable impacts affecting the condition of plant communities. Although short-term environmental factors such as excessive rainfall, drought, and fire can have temporary impacts, human activities such as flooding, drainage via groundwater withdrawal and conveyance canals, or construction of permanent structures such as seawalls in an aquatic system can permanently damage these systems. The plant community should be evaluated to consider whether natural successional patterns for the community type are permanently altered. Inappropriate plants, including invasive exotic species, other invasive species, or other species atypical of the community type being evaluated, do not support the functions attributable to that community type and can out-compete and replace native species. Native upland and wetland vegetation, such as wax myrtle, pines and willow, which are not typically considered as invasive, can occur in numbers and coverage not appropriate for the community type and can serve as indicators of disturbance. The relative degree of coverage by inappropriate species, inappropriate vegetation strata, condition of vegetation, and both biotic and abiotic structure all provide an indication of the degree to which the functions anticipated for the community type identified are being provided.

a. A score of (10) means that the vegetation community and physical structure provide conditions which support an optimal level of function to benefit fish and wildlife utilizing the assessment area as listed in Part I. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

(I) All or nearly all of the plant cover is by appropriate and desirable plant species in the canopy, shrub, or ground stratum.

(II) Invasive exotic or other invasive plant species are not present.

(III) There is strong evidence of normal regeneration and natural recruitment.

(IV) Age and size distribution is typical of the system, with no indication of deviation from normal successional or mortality pattern.

(V) The density and quality of coarse woody debris, snag, den, and cavity provide optimal structural habitat for that type of system.

(VI) Plants are in good condition, with very little to no evidence of chlorotic or spindly growth or insect damage.

(VII) Land management practices are optimal for long term viability of the plant community.

(VIII) Topographic features, such as refugia ponds, creek channels, flats or hummocks, are present and normal for the area being assessed.

(IX) If submerged aquatic plant communities are present, there is no evidence of siltation or algal growth that would impede normal aquatic plant growth.

(X) If an upland mitigation assessment area, the plant community and physical structure provide an optimal level of habitat and life history support for fish and wildlife in the associated wetlands or other surface waters.

b. A score of (7) means that the level of function provided by plant community and physical structure is limited to 70% of the optimal level. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

(I) Majority of plant cover is by appropriate and desirable plant species in the canopy, shrub, or ground stratum.

(II) Invasive exotic or other invasive plant species are present, but cover is minimal.

(III) There is evidence of near-normal regeneration or natural recruitment.

(IV) Age and size distribution approximates conditions typical of that type of system, with no indication of permanent deviation from normal successional or mortality pattern, although there may have been temporary deviations or impacts to age and size distribution.

(V) Coarse woody debris, snags, dens, and cavities have either slightly lower than or slightly greater than normal quantity due to deviation from expected age structure or land management.

(VI) Plant condition is generally good condition, with little evidence of chlorotic or spindly growth or insect damage.

(VII) Land management practices are generally appropriate, but there may be some fire suppression or water control features that have caused a shift in the plant community.

(VIII) Topographic features, such as refugia ponds, creek channels, flats or hummocks, are slightly less than optimal for the area being assessed.

(IX) In submerged aquatic plant communities, there is a minor degree of siltation or algal growth that would impede normal aquatic plant growth.

(X) If an upland mitigation assessment area, the plant community and physical structure provide high, but less than optimal, level of habitat and life history support for fish and wildlife in the associated wetlands or other surface waters.

c. A score of (4) means that the level of function provided by the plant community and physical structure is limited to 40% of the optimal level. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

(I) Majority of plant cover is by inappropriate or undesirable plant species in the canopy, shrub, or ground stratum.

(II) Majority of the plant cover and presence is comprised of invasive exotic or other invasive plant species.

(III) There is minimal evidence of regeneration or natural recruitment.

(IV) Age and size distribution is atypical of the system and indicative of permanent deviation from normal successional pattern, with greater than expected amount of dead or dying vegetation.

(V) Coarse woody debris, snags, dens, and cavities are either not present or greater than normal because the native vegetation is dead or dying.

(VI) Generally poor plant condition, such as chlorotic or spindly growth or insect damage.

(VII) Land management practices have resulted in partial removal or alteration of natural structures or introduction of some artificial features, such as furrows or ditches.

(VIII) Reduction in extent of topographic features, such as refugia ponds, creek channels, flats or hummocks, from what is normal for the area being assessed.

(IX) In submerged aquatic plant communities, there is a moderate degree of siltation or algal growth.

(X) If an upland mitigation assessment area, the plant community and physical structure provide moderate level of habitat and life history support for fish and wildlife in the associated wetlands or other surface waters.

d. A score of (0) means that the vegetation communities and structural habitat do not provide functions to benefit fish and wildlife. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

(I) No appropriate or desirable plant species in the canopy, shrub, or ground stratum.

(II) High presence and cover by invasive exotic or other invasive plant species.

(III) There is no evidence of regeneration or natural recruitment.

(IV) High percentage of dead or dying vegetation, with no typical age and size distribution.

(V) Coarse woody debris, snags, dens, and cavities are either not present or exist only because the native vegetation is dead or dying.

(VI) Overall very poor plant condition, such as highly chlorotic or spindly growth or extensive insect damage.

(VII) Land management practices have resulted in removal or alteration of natural structure or introduction of artificial features, such as furrows or ditches.

(VIII) Lack of topographic features such as refugia ponds, creek channels, flats or hummocks, that are normal for the area being assessed.

(IX) In submerged aquatic plant communities, there is a high degree of siltation or algal growth.

(X) If an upland mitigation assessment area, the plant community and physical structure provide little or no habitat and life history support for fish and wildlife in the associated wetland or other surface waters.

2. Benthic Communities – This indicator is intended to be used in marine or freshwater aquatic systems that are not characterized by a plant community, and is not intended to be used in wetlands that are characterized by a plant community. The benthic communities within nearshore, inshore, marine and freshwater aquatic systems are analogous to the vascular plant communities of terrestrial wetland systems in that they provide food and habitat for other biotic components of the system and function in the maintenance of water quality. For example, oyster bars and beds in nearshore habitats and estuaries filter large amounts of particulate matter and provide food and habitat for a variety of species, such as boring sponges, mollusks, and polycheate worms. Live hardbottom community composition varies with water depths and substratum, but this community type contributes to the food web, as well as providing three-dimensional structure through the action of reef-building organisms and rock-boring organisms and water quality benefits from filter-feeding organisms. The distribution and quality of coral reefs reflect a balance of water temperature, salinity, nutrients, water quality, and presence of nearby productive mangrove and seagrass communities. Coral reefs contribute to primary productivity of the marine environment as well as creating structure and habitat for a large number of organisms. Even benthic infauna of soft-bottom systems stabilize the substrate, provide a food source, and serve as useful indicators of water quality. All of these communities are susceptible to human disturbance through direct physical damage, such as dredging, filling, or boating impacts, and indirect damage through changes in water quality, currents, and sedimentation.

a. A score of (10) means that the benthic communities are indicative of conditions that provide optimal support for all of the functions typical of the assessment area and provide optimal benefit to fish and wildlife. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

(I) The appropriate species number and diversity of benthic organisms are optimal for the type of system.

(II) Non-native or inappropriate species are not present and the site is not near an area with such species.

(III) Natural regeneration, recruitment, and age distribution are optimal.

(IV) Appropriate species are in good condition, with typical biomass.

(V) Structural features are typical of the system with no evidence of past physical damage.

(VI) Topographic features, such as relief, stability, and interstitial spaces for hardbottom and reef communities or snags and coarse woody debris in riverine systems, are typical of that type of habitat and optimal for the benthic community being evaluated.

(VII) Spawning or nesting habitats, such as rocky or sandy bottoms, are optimal for the community type.

b. A score of (7) means that, relative to ideal habitat, the benthic communities of the assessment area provide functions at 70% of the optimal level. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

(I) Majority of the community is composed of appropriate species; the number and diversity of benthic organisms slightly less than typical.

(II) Any non-native or inappropriate species present represent a minority of the community or the site is immediately adjacent to an area with such species.

(III) Natural regeneration or recruitment is slightly less than expected.

(IV) Appropriate species are in generally good condition, with little reduction in biomass from what is optimal.

(V) Structural features are close to that typical of the system, or little evidence of past physical damage.

(VI) Topographic features, such as relief, stability, and interstitial spaces for hardbottom and reef communities or snags and coarse woody debris in riverine systems, indicate slight deviation from what is expected and is less than optimal for the benthic community being evaluated.

(VII) Spawning or nesting habitats, such as rocky or sandy bottoms, are less than expected.

c. A score of (4) means that, relative to ideal habitat, the benthic communities of the assessment area provide functions to 40% of the optimal level. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

(I) Appropriate species number or diversity of benthic organisms is greatly decreased from typical.

(II) Majority of species present is non-native or inappropriate species or the site is immediately adjacent to an area heavily infested by such species.

(III) Natural regeneration or recruitment is minimal.

(IV) Substantial number of appropriate species are dying or in poor condition, resulting in much lower than normal biomass.

(V) Structural features are atypical of the system, or there is evidence of great or long term physical damage.

(VI) Topographic features, such as relief, stability, and interstitial spaces for hardbottom and reef communities or snags and coarse woody debris in riverine systems, are greatly reduced from what is expected and is not appropriate for the benthic community being evaluated.

(VII) Few spawning or nesting habitats, such as rocky or sandy bottoms, are available.

d. A score of (0) means that the benthic communities do not support the functions identified and do not provide benefits to fish and wildlife. The score is based on reasonable scientific judgment and characterized by a predominance of the following, as applicable:

(I) Lack of appropriate species and diversity of those species; any appropriate species present are in poor condition.

(II) Non-native or inappropriate species are dominant.

(III) There is no indication of natural regeneration or recruitment.

(IV) Structural integrity is very low or non-existent, or there is evidence of serious physical damage.

(V) Topographic features, such as relief, stability, and interstitial spaces for hardbottom and reef communities or snags and coarse woody debris in riverine systems, are lacking.

(VI) No spawning or nesting habitats, such as rocky or sandy bottoms, are present.

(7) The Part II score for an impact, wetland, or surface water mitigation assessment area shall be determined by summing the scores for each of the indicators and dividing that value by 30 to yield a number between 0 and 1. For upland mitigation assessment areas, the Part II score shall be determined by summing the scores for the location and community structure indicators and dividing that value by 20 to yield a number between 0 and 1.

History

• Rulemaking Authority 373.026(7), 373.043, 373.414(9), (18) FS. Law Implemented 373.414(18) FS. History–New 2-2-04, Amended 9-12-07.

Fla. Admin. Code R. 62-345.600 Time Lag, Risk, and Mitigation Determination

(1) Time lag shall be incorporated into the gain in ecological value of the proposed mitigation as follows:

(a) The time lag associated with mitigation means the period of time between when the functions are lost at an impact site and when the site has achieved the outcome that was scored in Part II. In general, the time lag varies by the type and timing of mitigation in relation to the impacts. Wetland creation generally has a greater time lag to establish certain wetland functions than most enhancement activities. Forested systems typically require more time to establish characteristic structure and function than most herbaceous systems. Factors to consider when assigning time lag include biological, physical, and chemical processes associated with nutrient cycling, hydric soil development, and community development and succession. There is no time lag if the mitigation fully offsets the anticipated impacts prior to or at the time of impact.

(b) The time lag factor under this section shall be scored as 1 when evaluating mitigation for proposed phosphate and heavy mineral mining activities in accordance with this rule to determine compliance with Section 373.414(6)(b), F.S.

(c) For the purposes of this rule, the time lag, in years, is related to a factor (T-factor) as established in Table 1 below, to reflect the additional mitigation needed to account for the deferred replacement of wetland or surface water functions.

(d) The “Year” column in Table 1 represents the number of years between the time the wetland impacts are anticipated to occur and the time when the mitigation is anticipated to fully offset the impacts, based on reasonable scientific judgment of the proposed mitigation activities and the site specific conditions.

TABLE 1.

Year

T-factor

< or = 1

1

2

1.03

3

1.07

4

1.10

5

1.14

6-10

1.25

11-15

1.46

16-20

1.68

21-25

1.92

26-30

2.18

31-35

2.45

36-40

2.73

41-45

3.03

46-50

3.34

51-55

3.65

55

3.91

(2) Mitigation risk shall be evaluated to account for the degree of uncertainty that the proposed conditions will be achieved, resulting in a reduction in the ecological value of the mitigation assessment area. In general, mitigation projects which require longer periods of time to replace lost functions or to recover from potential perturbations will be considered to have higher risk that those which require shorter periods of time. The assessment area shall be scored on a scale from 1 (for no or de minimus risk) to 3 (high risk), on quarter-point (0.25) increments. A score of one would most often be applied to mitigation conducted in an ecologically viable landscape and deemed successful or clearly trending towards success prior to impacts, whereas a score of three would indicate an extremely low likelihood of success based on the ecological factors below. A single risk score shall be assigned, considering the applicability and relative significance of the factors below, based upon consideration of the likelihood and the potential severity of reduction in ecological value due to these factors.

(a) The vulnerability of the mitigation to and the extent of the effect of different hydrologic conditions than those proposed, considering the degree of dependence on mechanical or artificial means to achieve proposed hydrologic conditions, such as pumps or adjustable weirs, effects of water withdrawals, diversion or drainage features, reliability of the hydrologic data, modeling, and design, unstable conditions due to waves, wind, or currents, and the hydrologic complexity of the proposed community. Systems with relatively simple and predictable hydrology, such as tidal wetlands, would entail less risk than complex hydrological systems such as seepage slopes or perched wetlands;

(b) The vulnerability of the mitigation to the establishment and long-term viability of plant communities other than that proposed, and the potential reduction in ecological value which might result, considering the compatibility of the site soils and hydrologic conditions with the proposed plant community, planting plans, and track record for community or plant establishment method;

(c) The vulnerability of the mitigation to colonization by invasive exotic or other invasive species, considering the location of recruitment sources, the suitability of the site for establishment of these species, the degree to which the functions provided by plant community would be affected;

(d) The vulnerability of the mitigation to degraded water quality, considering factors such as current and future adjacent land use, and construction, operation, and maintenance of surface water treatment systems, to the extent that ecological value is affected by these changes;

(e) The vulnerability of the mitigation to secondary impacts due to its location, considering potential land use changes in surrounding area, existing protection provided to surrounding areas by easements, restrictive covenants, or federal, state, or local regulations, and the extent to which these factors influence the long term viability of functions provided by the mitigation site; and,

(f) The vulnerability of the mitigation to direct impacts, considering its location and existing and proposed protection provided to the mitigation site by easements, restrictive covenants, or federal, state, or local regulations, and the extent to which these measures influence the long term viability of the mitigation site.

(3) The relative gain of functions provided by a mitigation assessment area must be adjusted for time lag and risk using the following formula: Relative functional gain (RFG) = Mitigation Delta (or adjusted mitigation delta for preservation)/(risk x t-factor). The loss of functions provided by impact assessment areas is determined using the following formula: Functional loss (FL) = Impact Delta x Impact Acres. When the acres of a proposed mitigation assessment area is known, the gain in functions provided by that mitigation assessment area is determined using the following formula: Functional gain (FG) = RFG x Mitigation Acres.

(a) To determine the number of potential mitigation bank credits a bank or regional offsite mitigation area can provide, multiply the relative functional gain (RFG) times the acres of the mitigation bank or regional offsite mitigation assessment area scored. The total amount of credits is the summation of the potential RFG for each assessment area.

(b) To determine the number of mitigation bank credits or amount of regional offsite mitigation needed to offset impacts, when the bank or regional offsite mitigation area is assessed in accordance with this rule, calculate the functional loss (FL) of each impact assessment area. The total number of credits required is the summation of the calculated functional loss for each impact assessment area. Neither time lag nor risk is applied to determining the number of mitigation bank credits or amount of mitigation necessary to offset impacts when the bank or regional offsite mitigation area has been assessed under this rule.

(c) To determine the acres of one mitigation area needed to offset impacts to one assessment area when not using a bank or a regional offsite mitigation area as mitigation, divide functional loss (FL) by relative functional gain (RFG). If the acreage of proposed mitigation is known, then functional gain (FG) must be equal to or greater than the functional loss (FL).

(d) If there are multiple impact assessment areas and/or multiple mitigation assessment areas with known acreages to offset those impacts, then the summation of the appropriate functional gains (FG) must be equal to or greater than the summation of the respective functional loss (FL).

History

• Rulemaking Authority 373.026(7), 373.043, 373.414(9), 373.414(18) FS. Law Implemented 373.414(18) FS. History–New 2-2-04, Amended 9-12-07.

Fla. Admin. Code R. 62-345.900 Forms

History

• Rulemaking Authority 373.026(7), 373.043, 373.414(9), 373.414(18) FS. Law Implemented 373.414(18) FS. History–New 2-2-04, Amended 9-12-07, Repealed 6-14-16.

Chapter 62-346 ENVIRONMENTAL RESOURCE PERMITTING IN NORTHWEST FLORIDA

Fla. Admin. Code R. 62-346.010 Policy and Purpose

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.418, 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), 373.4141, 373.4142, 373.4145, 373.416, 373.423, 373.426, 373.428, 373.429 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.020 General Provisions

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.4145, 373.418, 373.421, 403.805(1) FS. Law Implemented 373.413, 373.414, 373.4145, 373.416, 373.421, 373.426 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.030 Definitions

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.414, 373.4145, 373.418, 373.421, 403.805(1) FS. Law Implemented 373.019, 373.117, 373.403, 373.413, 373.414, 373.4145, 373.416, 373.418, 373.421, 373.4211, 373.426, 403.0877, 403.813(1) FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.040 Formal-Determinations of the Landward Extent of Wetlands and Other Surface Waters

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 373.421(2), 403.0877 FS. Law Implemented 373.4145, 373.421(2) FS. History–New 10-1-07, Repromulgated 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.050 Permits Required

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.117, 373.118, 373.409, 373.413, 373.4132, 373.4145, 373.416, 373.426, 403.0877 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.051 Exemptions from Permitting

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 403.805(1) FS. Law Implemented 373.406, 373.4145, 403.813(1) FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.060 Conceptual Approval Permits

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.4145, 373.418, 380.06, 403.805(1) FS. Law Implemented 373.026, 373.409, 373.413, 373.4141, 373.4142, 373.4145, 373.416, 380.06 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.070 Procedures to Prepare Applications and Notices for Permits, Water Quality Certification, Costal Zone Consistency Concurrence, and to Request Verification of Qualification for an Exemption

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.0877, 403.805(1) FS. Law Implemented 373.026(7), 373.109, 373.117, 373.118, 373.413, 373.4141, 373.4145, 373.416, 373.426, 373.428, 403.0877 FS. History–New 10-1-07, Amended 11-1-10, 5-9-13, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.071 Fees

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.109, 373.4145, 373.418, 403.805(1) FS. Law Implemented 218.075, 373.109, 373.4145, 373.418, 373.421 FS. History–New 10-1-07, Amended 4-21-09, 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.075 Additional Requirements and Procedures for Concurrent Review of Related Applications

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 161.055, 253.03(7), 253.77, 258.43, 373.026, 373.043, 373.044, 373.418, 373.427, 403.805(1), FS. Law Implemented 120.60, 161.041, 161.055, 253.03, 253.77, 258.42, 258.43, 373.026, 373.413, 373.416, 373.427, 373.4275 FS. History–New 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.080 Submittal of Applications and Notices for Permits and Petitions for Formal Determinations to Department and NWFWMD Offices

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.118, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.026, 373.118, 373.413, 373.4145, 373.416, 373.426 FS. History–New 10-1-07, Amended 11-1-10, 5-9-13, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.090 Processing of Notices and Applications

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.413, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.109, 373.118, 373.4141, 373.4145 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.091 Documents Incorporated by Reference

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.046, 373.113, 373.4145, 373.416, 373.418, 373.421, 403.805(1) FS. Law Implemented 373.026, 373.042, 373.409, 373.0421, 373.043, 373.046, 373.413, 373.4132, 373.141(9), 373.4142, 373.4145, 373.416, 373.418, 373.423, 373.426, 373.428, 373.433, 373.436, 373.439, 380.06(9), 403.813(1) FS. History–New 10-1-07, Amended 11-1-10, Repealed 2-16-12.

Fla. Admin. Code R. 62-346.095 Operation, Maintenance, and Inspections

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.416, 373.418, 403.805(1) FS. Law Implemented 373.118, 373.4141, 373.4145, 373.416 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.100 Modification of Permits

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.026(7), 373.043, 373.109, 373.118, 373.409, 373.413, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.429 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.110 Duration of Permits

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118, 373.409, 373.413, 373.4142, 373.4145, 373.416, 373.426 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.120 Permit Extensions

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.805(1), FS. Law Implemented 373.118, 373.409, 373.413, 373.4145, 373.416, 373.426, 373.429 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.130 Transfer of Ownership

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 403.805(1), FS. Law Implemented 373.118, 373.109, 373.409, 373.413, 373.4142, 373.4145, 373.416, 373.426 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.140 Suspension and Revocation

History

• Rulemaking Authority 373.026, 373.043, 373.044, 373.118, 373.4145, 373.418, 373.439, 403.805(1) FS. Law Implemented 373.026, 373.118, 373.413, 373.414, 373.4145, 373.416, 373.426, 373.429, 373.439 FS. History–New 10-1-07, Repealed 11-1-10.

Fla. Admin. Code R. 62-346.301 Conditions for Issuance of Individual Permits

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.042, 373.409, 373.413, 373.4142, 373.4145, 373.416, 373.4132, 373.426, 373.429 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.302 Additional Conditions for Issuance of Individual and Conceptual Approval Permits

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.414(9), 403.805(1) FS. Law Implemented 373.042, 373.413, 373.414, 373.416, 373.426, 380.23 FS. History–New 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.381 General and Special Limiting Conditions

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.117, 373.409, 373.413, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.422, 373.423, 373.426, 373.428, 403.0877 FS. History–New 10-1-07, Amended 11-1-10, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.451 Emergency Authorizations and Actions

Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4145, 373.418, 403.805(1) FS. Law Implemented 120.569(2), 373.026(7), 373.119, 373.409, 373.413, 373.4145, 373.416, 373.418, 373.426, 373.439 FS. History–New 10-1-07, Repealed 11-25-13.

Fla. Admin. Code R. 62-346.900 Environmental Resource Permit Forms

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4145, 373.418, 373.421, 403.805(1) FS. Law Implemented 373.019, 373.026, 373.109, 373.117, 373.118, 373.403, 373.409, 373.413, 373.4132, 373.414, 373.4141, 373.4142, 373.4145, 373.416, 373.418, 373.419, 373.421, 373.4211, 373.423, 373.426, 373.428, 373.429, 380.06, 403.0877, 403.813(2) FS. History–New 10-1-07, Amended 11-1-10, Repealed 2-16-12.

Chapter 62-348 PERMITTING AND ALTERNATIVE MITIGATION FOR THE MINING OF HIGH-QUALITY PEAT

Fla. Admin. Code R. 62-348.100 Purpose and Applicability

(1) Applicants who intend to mine high-quality peat may elect to use the provisions of this chapter. In accordance with Section 373.414(6)(e), F.S., this chapter provides additional permitting and alternative wetland mitigation requirements for processing wetland resource permits and environmental resource permits, in accordance with Part IV of Chapter 373, F.S., for the extraction of high-quality peat from certain herbaceous freshwater wetlands for use in the state’s horticultural industry. The requirements of this chapter are in addition to and not in lieu of the requirements of Chapters 62-330 and 62-345, F.A.C., for environmental resource permits, with the exception of the alternative wetland mitigation requirements for the extraction of high-quality peat.

(2) Florida’s horticultural industry contributes to the economic strength of the state. High-quality peat is an important component of horticultural production in Florida. Obtaining high-quality peat typically and uniquely requires the mining of wetlands and other surface waters. Since high-quality peat is a limited resource, the use of recycled and renewable material to replace or reduce the use of natural peat is necessary for the future of the state’s horticultural industry. This chapter shall be applied to the mining of peat from certain herbaceous freshwater wetlands, where no less than 80 percent of the extracted peat will be high-quality peat, and no less than 80 percent of the high-quality peat will be used in Florida by the horticultural industry in products that incorporate other renewable or recycled materials to replace or reduce the use of natural peat. Persons applying for use of this rule shall provide certification of the intended use of the resource by submitting Form 62-348.900(1), “Horticultural Use Certification for High-Quality Peat, [8-18-10.],” incorporated by reference herein. A copy of Form 62-348.900(1) may be obtained from the internet site of the Department or from any local district or branch office of the Department, or by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3577, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.414, 373.4145 FS. Law Implemented 373.413, 373.4131, 373.414, 373.4145, 373.416, 373.421, 373.426 FS. History–New 8-18-10, Amended 1-5-15.

Fla. Admin. Code R. 62-348.200 Definitions

The definitions in Sections 373.019, 373.403, 378.403, 403.031 and 403.803, F.S., and the following definitions apply to this chapter:

(1) “Herbaceous freshwater wetlands” means wetlands where less than 10 percent of the vegetation is woody vegetation and the chloride concentration meets the definition of predominately freshwaters as defined in Rule 62-302.200, F.A.C. Such areas are typically known as marshes, but may include other forms of wetlands dominated by herbaceous freshwater vegetation.

(2) “High-quality peat” means peat from a herbaceous freshwater wetland that is classified as H1 to H4 on the von Post Humification Scale and has a pH less than 7. The following method, incorporated herein by reference, shall be used to determine the classification on the von Post Humification Scale, for use in this chapter: American Society for Testing and Materials, D5715-00 (Reapproved 2006) Standard Test Method for Estimating the Degree of Humification of Peat and Other Organic Soils (Visual/Manual Method), Volume 04.08, Issued March 2000. This document may be reviewed at the Florida Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3577, Tallahassee, Florida 32399-2400, or a copy obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, Pennsylvania 19428-2959. The following method, incorporated herein by reference, shall be used to determine the pH for use in this chapter: U.S. Environmental Protection Agency, EPA 150.1, Methods for the Chemical Analysis of Water and Waste, EPA-600/4-79-020, Revised 1983. A copy of this document may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3577, Tallahassee, Florida 32399-2400.

(3) “High-quality peat extraction area” or “extraction area” means an area of herbaceous freshwater wetland, or an area of historically herbaceous freshwater wetland, where cumulatively no less than 80 percent of the extracted peat is high-quality peat.

(4) “Historically herbaceous freshwater wetlands” means wetlands that, as determined using aerial photography, would meet the definition of herbaceous freshwater wetlands if not for human alteration of environmental conditions.

(5) “Horticultural industry” means the industry that cultivates plants in Florida, such as, trees, shrubs, flowers, annuals, perennials, tropical foliage, liners, ferns, vines, bulbs, grafts, scions, or buds, but not turf grasses. The plants are grown or kept for propagation or distribution for retail, wholesale, or re-wholesale purposes.

(6) “Invasive Exotic” for purposes of this rule means those plant species listed in the Florida Exotic Pest Plant Council’s 2009 List of Invasive Species Category I and II, which is incorporated herein by reference. A copy of this document may be obtained from the Department in the manner described in Rule 62-348.900, F.A.C.

(7) “Larger plan of development” means a common plan of development or sale that includes:

(a) Any activity initiated by the surveying, planning, or platting of contiguous real property, where such activity facilitates the advancement of a common type of land use (such as multiple residences, a residential subdivision, or phased site development) on the subject property, or

(b) Any activity on contiguous real property that comprises a total land area divided into three or more lots, parcels, tracts, tiers, blocks, sites, or units, and is served by a common road or road network or common surface water management system within that land area. Areas of land that are divided by public or private roads are considered contiguous if such areas are under one ownership or control.

(8) “Nuisance Species” shall mean plant species as defined in Rule 62-302.200, F.A.C.

(9) “Open water” means an area of surface waters as identified by Rule 62-340.600, F.A.C., which under normal circumstances does not support emergent vegetation. For the purpose of this definition, emergent vegetation does not include aquatic vegetation as defined in Rule 62-340.200, F.A.C.

(10) “Recycled materials” means those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste.

(11) “Registered Professional” means a professional registered or licensed in Florida with the necessary expertise in the fields of hydrology, hydrogeology, hydraulics, drainage, flood control, erosion and sediment control, and stormwater pollution control, and who is qualified by education and experience in the technical analyses, design, and application of required structures, processes, and systems, to design and certify the stormwater management systems under review. Examples of registered professionals, authorized pursuant to Chapter 455, F.S., and the respective practice acts by which they are regulated, are professional engineers licensed under Chapter 471, F.S., professional landscape architects licensed under Chapter 481, F.S., professional surveyors and mappers licensed under Chapter 472, F.S., and professional geologists licensed under Chapter 492, F.S. Registered professionals may sign and seal only those drawings, documents, and calculations commensurate with their skills, background, knowledge, education, and experience, and in accordance with their respective practice acts.

(12) “Renewable materials” means those materials that are able to be sustained indefinitely because of inexhaustible supplies or new growth.

History

• Rulemaking Authority 373.026(7), 373.043, 373.414, 373.4145, 373.418, 373.421, 403.805(1) FS. Law Implemented 373.019, 373.403, 373.413, 373.414, 373.4145, 373.416, 373.421, 373.4211, 373.426, 378.403, 403.031, 403.803 FS. History–New 8-18-10.

Fla. Admin. Code R. 62-348.300 Application Requirements

Applicants using this rule shall submit Form 62-330.060(1), “Joint Application for Individual and Conceptual Environmental Resource Permit/Authorization to Use State-Owned Submerged Lands/Federal Dredge and Fill Permit,” for an environmental resource permit, which is incorporated by reference in subsection 62-330.060(1), F.A.C. (http://www.flrules.org/Gateway/reference.asp?No=Ref-03189). A copy of Form 62-330.060(1) may be obtained from the Department’s internet site http://www.dep.state.fl.us/water/wetlands/erp/forms.htm or by contacting the appropriate office identified in Appendix A of the Environmental Resource Permit Applicant’s Handbook Volume 1 available at http://www.dep.state.fl.us/water/rulesprog.htm#erp. In addition, applicants shall submit the following plans and reports for the high-quality peat extraction area that will be subject to the wetland mitigation provisions of this chapter:

(1) Plans showing the depth to the clay, sand, or rock stratum under the area where peat is proposed for extraction, identified on a grid with a maximum horizontal interval no larger than 50 feet.

(2) Plans showing the proposed depth of excavation and extraction (below existing grade), identified on a grid with a maximum horizontal interval no larger than 50 feet.

(3) Plans and aerial photography showing the existing land use and land cover (acreage and percentages) mapped to at least Level III of the Florida Land Use, Cover and Classification System (Florida Department of Transportation, 1999), incorporated by reference herein. A copy of this document may be obtained from the Department in the manner described in Rule 62-348.900, F.A.C. Each mapped unit shall be sufficiently homogenous in character to be assessed as a single unit. No mapped unit shall be smaller than 0.1 of an acre.

(4) For historically herbaceous freshwater wetlands that will be subject to the wetland mitigation provisions of this chapter, the application shall include documentation of the historic land cover conditions. Such documentation shall include at least a chronological sequence of dated aerial photographs demonstrating the historical character of the wetland. The applicant may provide any additional information to supplement the aerial photography to demonstrate their claim that the wetland is a historically herbaceous freshwater wetland.

(5) A prospecting report describing the horizontal and vertical extent of the high-quality peat extraction area that will be subject to the wetland mitigation provisions of this chapter. The report shall be based on core samples from the proposed peat extraction area taken on a grid with a maximum horizontal sample spacing no larger than 100 feet. All core samples shall be included in the prospecting report. The report shall identify the location and relative depths where peat samples were collected and the results of the analysis, including for each core the classification and vertical extent of all layers that can be classified using the von Post Humification Scale. The analysis for any layer classified on the von Post Humification Scale as H1 to H4 shall also include the measurement of pH.

(6) Information required by Chapter 62-345, F.A.C., Uniform Mitigation Assessment Method, for all areas of wetlands proposed for extraction and for all wetland mitigation areas.

(7) Plans for all reclamation and wetland mitigation areas showing the proposed final grade elevations and water levels. Water levels shall include seasonal high and seasonal low water elevations. Wetland mitigation shall meet the design standards of Rule 62-348.600, F.A.C.

(8) Plans for the proposed land use and land cover (acreage and percentages) for all reclamation and wetland mitigation areas mapped to at least Level III of the Florida Land Use, Cover and Classification System (Florida Department of Transportation, 1999). Each mapped unit shall be sufficiently homogenous in character to be assessed as a single unit. No mapped unit shall be smaller than 0.1 of an acre.

(9) Form 62-348.900(1), “Horticultural Use Certification for High-Quality Peat,” as incorporated by reference in subsection 62-348.100(2), F.A.C.

History

• Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.414, 373.4145, 373.421, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.4131, 373.414, 373.4141, 373.416, 373.426 FS. History–New 8-18-10, Amended 1-5-15.

Fla. Admin. Code R. 62-348.500 Conditions for Issuance

To obtain a permit under this chapter, an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal or abandonment of a surface water management system will meet all of the following requirements:

(1) Will meet the requirements of Chapters 62-330 and 62-345, F.A.C., for environmental resource permits, except for wetland mitigation requirements for high-quality peat extraction areas. Chapter 62-348, F.A.C., specifies alternative wetland mitigation requirements for high-quality peat extraction areas;

(2) Will not include extraction in the underlying clay, sand or rock strata; however, nothing herein shall preclude the applicant from proposing plans for the excavation of sand necessary for the construction of onsite access or drainage features provided the underlying sand stratum is restored using the excavated materials or other clean clay, sand or rock during reclamation;

(3) No portion of the extraction or mitigation area is part of an existing or proposed larger plan of development;

(4) No portion of the mine is located in a body of water designated as Outstanding Florida Waters;

(5) Will not include within the high-quality peat extraction area wetlands having a current condition score of greater than or equal to 0.80, as verified by the Department in accordance with the Uniform Mitigation Assessment Method of Chapter 62-345, F.A.C.;

(6) No less than 80 percent of the peat to be extracted is high-quality peat and at least 80 percent of the high-quality peat will be used by the horticultural industry in products that incorporate other renewable or recycled materials to replace or reduce the use of natural peat; and,

(7) Wetland mitigation will meet the design and technical criteria of Rule 62-348.600, F.A.C.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 373.421, 403.805(1) FS. Law Implemented 373.042, 373.409, 373.413, 373.4131, 373.4142, 373.4145, 373.416, 373.426 FS. History–New 8-18-10, Amended 1-5-15.

Fla. Admin. Code R. 62-348.600 Wetland Mitigation Design and Technical Criteria

The alternative wetland mitigation criteria for areas qualified for the provisions of this chapter shall meet all of the following requirements:

(1) The applicant shall not be required to modify the design to reduce or eliminate adverse impacts to high-quality peat extraction areas with a current condition score of less than 0.80, as verified by the Department in accordance with the Uniform Mitigation Assessment Method of Chapter 62-345, F.A.C., except to require that the project meet water quality standards, not cause adverse offsite flooding, not adversely impact significant historical and archeological resources pursuant to Section 267.061, F.S., and not cause adverse impacts to listed species or their habitats.

(2) Within extraction areas qualified for the provisions of this chapter, the applicant may reclaim up to 30 percent of the pre-mining wetlands as open water, which shall be considered appropriate and sufficient mitigation for the adverse impacts to the wetlands. If the applicant chooses to reclaim more than 30 percent of the pre-mining wetlands as open water, the applicant must propose wetland mitigation to address adverse impacts of the additional open water beyond the 30 percent. Regardless of the amount of mitigation proposed, the amount of open water within the extraction area shall not exceed 60 percent of the pre-mining wetlands. The wetland mitigation for open waters beyond 30 percent, shall meet the requirements of Chapters 62-330 and 62-345, F.A.C., for environmental resource permits, except for Rule 62-345.600, F.A.C.

(3) Wetland mitigation areas constructed within and contiguous to the extraction area, exclusive of the allowable open water, shall meet all of the following standards:

(a) The requirements of Chapters 62-330 and 62-345, F.A.C., for environmental resource permits.

(b) Supports 80 percent cover by obligate and facultative wet emergent herbaceous vegetation.

(c) Slopes no steeper than 6 horizontal to 1 vertical, from the seasonal high water elevation to a depth of five feet below the seasonal high water elevation.

(d) Invasive exotic and nuisance species shall be less than 5 percent of the cover.

(e) The required slopes and vegetation cover shall be complete within three years of the initial contouring of the mitigation area.

(4) The permittee shall ensure that sufficient quantities of peat or sand are available to provide sufficient planting area to complete wetland mitigation within extraction areas.

(5) The annual reports required by subsection 62-348.800(1), F.A.C., shall demonstrate that no less than 80 percent of the extracted peat was high-quality peat and at least 80 percent of the high-quality peat was used by the Florida horticultural industry in products that incorporate other renewable or recycled materials to replace or reduce the use of natural peat.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.414, 373.4145, 373.418, 373.421, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.4131, 373.414, 373.4141, 373.416, 373.426 FS. History–New 8-18-10, Amended 1-5-15.

Fla. Admin. Code R. 62-348.700 Transfer of Permit

In addition to the requirements for transfer in Chapter 62-330, F.A.C., for environmental resource permits, the application for transfer of a permit under this chapter shall include the following:

(1) The permittee shall provide a production report using Form No. 62-348.900(2) “Annual Production Report For High-Quality Peat, effective 8-18-10,” incorporated by reference herein, for that portion of the calendar year when production was under the control of the permittee. A copy of Form 62-348.900(2) may be obtained from the Department in the internet site of the Department or from any local district or branch office of the Department, or by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3577, Tallahassee, Florida 32399-2400.

(2) The transferee shall provide certification of the intended use of the resource by submitting Form 62-348.900(1), “Horticultural Use Certification for High-Quality Peat,” which was incorporated by reference in subsection 62-348.100(2), F.A.C.

History

• Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.414, 373.4145, 373.418, 403.0877 FS. Law Implemented 373.026(7), 373.109, 373.413, 373.4131, 373.414, 373.4141, 373.416, 373.426 FS. History–New 8-18-10, Amended 1-5-15.

Fla. Admin. Code R. 62-348.800 Reports

(1) The permittee shall maintain records for the life of the permit of the sales and usage of high-quality peat extracted from areas authorized by the permit. The sales and usage records shall include for each month: the quantity of high-quality peat extracted; a list of customers that received high-quality peat, and the quantity of high-quality peat received; the quantity of high-quality peat sold or used that included recycled or renewable materials to replace or reduce the use of natural peat, and the percentage of product that was recycled or renewable material; and the quantity of high-quality peat sold that did not contain recycled or renewable material. Records shall be available to Department staff upon request.

(2) On or before March 1 of each year, the permittee shall provide a report to the Department for the previous calendar year using Form No. 62-348.900(2) “Annual Production Report For High-Quality Peat,” incorporated by reference herein. The report shall identify only quantities of high-quality peat extracted from areas that will be subject to the provisions of this chapter. The report shall provide all of the following:

(a) Permittee name, project name, permit number, and calendar year of the report.

(b) The quantity of high-quality peat, based on weight or volume, extracted during the calendar year.

(c) The quantity of high-quality peat, based on weight or volume, sold or used during the calendar year that included renewable or recyclable materials used to replace or reduce the use of peat.

(d) The quantity of high-quality peat, based on weight or volume, sold or used during the calendar year that did not include renewable or recyclable materials.

(e) The cumulative total of high-quality peat extracted, sold, and used, from the start of extraction through the most recent calendar year based on previous annual reports.

(3) The Department shall be entitled to audit the monthly sales and usage records required to be maintained by subsection 62-348.800(1), F.A.C.

(4) Upon completion of extraction at a mine, or a portion of a mine, the permittee shall begin reclamation of wetlands within the extraction area. No later than 60 days after achieving final grade, the permittee shall provide to the Department a topographic and bathymetric map of the reclamation area that meets the following criteria:

(a) One-foot contour intervals based on a 10-foot, or finer, resolution grid;

(b) The topography/bathymetry of the site shall be depicted in such a way as to unambiguously show how the site will retain, detain, shed, or otherwise influence the flow and detention of water at the site; and,

(c) Certification by a registered professional.

History

• Rulemaking Authority 373.026(7), 373.043, 373.414, 373.4145, 373.418, 403.0877 FS. Law Implemented 373.019, 373.403, 373.413, 373.414, 373.4145, 373.416, 373.421, 373.4211, 373.426, 378.403, 403.031, 403.803 FS. History–New 8-18-10.

Fla. Admin. Code R. 62-348.900 Forms

History

• Rulemaking Authority 373.026(7), 373.043, 373.414, 373.4145, 373.418, 403.0877 FS. Law Implemented 373.019, 373.403, 373.413, 373.414, 373.4145, 373.416, 373.421, 373.4211, 373.426, 378.403, 403.031, 403.803 FS. History–New 8-18-10, Repealed 12-7-15.

Chapter 62-402 WATER MANAGEMENT LANDS TRUST FUND

Fla. Admin. Code R. 62-402.001 Scope

History

• Rulemaking Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History–New 3-24-82, Formerly 17-42.01, 17-42.001, Amended 1-7-91, 5-2-94, Formerly 17-402.001, Repealed 3-15-12.

Fla. Admin. Code R. 62-402.020 Definitions

History

• Rulemaking Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History–New 3-24-82, Formerly 17-42.02, Amended 9-17-86, Formerly 17-42.020, Amended 1-7-91, 5-2-94, Formerly 17-402.020, Repealed 3-15-12.

Fla. Admin. Code R. 62-402.030 Release of Funds

History

• Rulemaking Authority 373.043 FS. Law Implemented 373.016, 373.026, 373.043, 373.139, 373.59 FS. History–New 3-24-82, Formerly 17-42.03, Amended 9-17-86, Formerly 17-42.030, Amended 1-7-91, 5-2-94, Formerly 17-402.030, Repealed 3-15-12.

Fla. Admin. Code R. 62-402.031 Preservation 2000 Funds

History

• Rulemaking Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59, 375.045 FS. History–New 5-2-94, Formerly 17-402.031, Repealed 3-15-12.

Fla. Admin. Code R. 62-402.050 Financial Reports

History

• Rulemaking Authority 373.026, 373.043 FS. Law Implemented 373.016, 373.026, 373.043, 373.59 FS. History–New 3-24-82, Formerly 17-42.05, 17-42.050, Formerly 17-402.050, Repealed 3-15-12.

Fla. Admin. Code R. 62-402.060 Water Management Lands Trust Fund Bond Issues

History

• Rulemaking Authority 373.016, 373.026, 373.043, 373.139, 373.59 FS. Law Implemented 373.016, 373.139, 373.59 FS. History–New 9-17-86, Formerly 17-42.060, Amended 1-7-91, 5-2-94, Formerly 17-402.060, Repealed 3-15-12.

Fla. Admin. Code R. 62-402.070 Water Management Lands

History

• Rulemaking Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History–New 5-2-94, Formerly 17-402.070, Repealed 3-15-12.

Chapter 62-503 STATE REVOLVING FUND LOAN PROGRAM

Fla. Admin. Code R. 62-503.101 Scope of the Rule

History

• Rulemaking Authority 403.1835(5)(a) FS. Law Implemented 403.1835 FS. History–New 7-29-04, Repealed 2-16-12.

Fla. Admin. Code R. 62-503.200 Definitions

For purposes of this rule chapter:

(1) “Act” means the Federal Water Pollution Control Act, 33 USC §1251 et seq., as amended, June 2014, by the Water Resources Reform and Development Act, also known as the amended Clean Water Act. Sections 212 (33 USC §1292), 319 (33 USC §1329), and 320 (33 USC §1330) and Title VI (33 USC §1381 et seq.) of the Act pertain to the Clean Water State Revolving Fund, and are hereby adopted and incorporated by reference. This document is available from the Department’s Clean Water State Revolving Fund Program, 3900 Commonwealth Blvd., MS 3505, Tallahassee, Florida 32399-3000, or at http://www.flrules.org/gateway/reference.asp?No=Ref-14062.

(2) “Affordability Index” The term “Affordability Index” means the empirical number that is generated for a local governmental agency-project sponsor using the computer model entitled “Final Report Statistical Wt. – No Sales,” which is based on a combination of median household income, poverty, and unemployment census statistics for local governments. This computer model can be found in “Updating the Department of Environmental Protection’s Affordability Index, 2011,” August 9, 2011, Economics Department, Florida State University, Tallahassee, Florida, and is hereby adopted and incorporated by reference. This document is available from the Department’s Clean Water State Revolving Fund Program, 3900 Commonwealth Blvd., MS 3505, Tallahassee, Florida 32399-3000, or at http://www.flrules.org/gateway/reference.asp?No=Ref-04016.

(3) “Asset Management Plan” means a systematic management technique for utility systems that focuses on the long-term life cycle of the assets and their sustained performance, rather than on short-term, day-to-day aspects of the assets. This plan includes the identification of and costs for rehabilitating, repairing, or replacing all assets as well as the schedule to do so. Subsection 62-503.700(7), F.A.C., provides details on the contents of the plan.

(4) “Best management practice” means a control technique that is used for a given set of conditions to achieve water quality and water quantity enhancement at a feasible cost.

(5) “Capitalization grant project” means a project for which the project sponsor shall document compliance with specific federal requirements under subsection 62-503.700(1), F.A.C., in addition to the general requirements under subsections 62-503.700(2) through (7), F.A.C., to qualify for a loan. Capitalization grant projects will be identified in an amount corresponding to the annual capitalization grant received by the Department from the United States Environmental Protection Agency (EPA).

(6) “Capitalized interest” means interest accruing at the loan financing rate and compounding annually from the time when disbursements are made until six months before the first semiannual loan repayment is due.

(7) “Construction costs” means costs associated with allowable construction, equipment, materials, and demolition.

(8) “Construction loan” means an assistance agreement to fund a wastewater, stormwater, or nonpoint source construction project, equipment purchase, or wastewater system acquisition. To be eligible for a construction loan, a planning document and plans and specifications must be accepted by the Department, the environmental review process described in Rule 62-503.751, F.A.C., must be complete, all required Department permits and authorizations must have been obtained, and all necessary site certifications must have been submitted to the Department. Plans, specifications, construction permits, and site certifications are not required for a wastewater system acquisition. For design/build projects using a best value procurement process, the approval of the procurement process shall be accepted in lieu of the plans, specifications, site certifications, and permits unless any portion of these documents are available at that time. The requirements for planning documents are described in subsection 62-503.700(2), F.A.C., and the requirements for plans and specifications are described in subsection 62-503.700(3), F.A.C.

(9) “Construction manager at risk” means a firm or other single entity that contracts with the project sponsor for a guaranteed maximum price for the work. The construction manager is responsible for performance under individual construction contracts.

(10) “Continuing contract” shall have the same meaning as provided in the Consultants’ Competitive Negotiation Act (CCNA), Section 287.055, F.S.

(11) “Cost-effective” means the lowest present worth (or equivalent annual value) of the implementable and environmentally acceptable alternatives to achieve the project sponsor’s objectives considering capital costs as well as operation and maintenance costs.

(12) “Department” means the Department of Environmental Protection, Clean Water State Revolving Fund Program, 3900 Commonwealth Blvd., MS 3505, Tallahassee, FL 32399-3000. For electronic information requests and submittals, email SRF_Reporting@dep.state.fl.us.

(13) “Design/build” means a contracting procedure whereby a firm or other single entity contracts with the project sponsor for a fixed price or a cost-plus-a-fixed-fee with a guaranteed maximum price, and is responsible for both design and construction of the project. The procurement process must be competitive best value or competitive qualifications based. For a competitive best value selection, the most advantageous proposal to the project sponsor is selected based on criteria that include price and other factors. For competitive qualifications based procurement, the qualifications of the responsible firm are the primary consideration in the selection process and the responsible firm shall use open book accounting for this process.

(14) “Design loan” means an assistance agreement to fund design activities that will result in biddable, permittable plans and specifications for an eligible construction project. Design/build projects using a best value procurement process are not eligible for a design loan. Additionally, a planning document defining the scope of the project to be funded must have been accepted by the Department. The requirements for an acceptable planning document are described in subsection 62-503.700(2), F.A.C.

(15) “Financial hardship” means a situation where the affordability index of a small community to be served by the project is less than 100.

(16) “Financing rate” means the semiannual compounding rate at which charges are imposed on the unpaid principal, including capitalized interest, of a State Revolving Fund (SRF) loan as described in subsection 62-503.300(5), F.A.C. The financing rate has a loan interest rate component and, for non-capitalization grant project loans, a grant allocation assessment rate component.

(17) Fiscal Sustainability Plan (FSP) means a plan to be implemented by the project sponsor to perform an initial and continued inventory and evaluation of treatment works proposed for repair, replacement, or expansion in accordance with Section 603 of the Act (33 USC § 1383).

(18) “Fiscal year” means the 12-month period between July 1 and the following June 30.

(19) “Fundable portion” means the portion of a priority list consisting of the projects to which funds allocated each year by the Department have been assigned.

(20) “Funds allocated each year by the Department” means funds that are available or expected to be available for loans during the fiscal year for which a priority list is being developed as a result of the following:

(a) Federal capitalization grants and state appropriations less the amount of any funds appropriated or statutorily designated for specific projects or purposes;

(b) Loan repayments;

(c) Investment earnings;

(d) Net proceeds of bonds issued by the Florida Water Pollution Control Financing Corporation; and,

(e) Funds recovered from loan decreases.

(21) “Grant allocation assessment” means that portion of each repayment of each non-capitalization grant project loan used solely for the purpose of making wastewater grants to financially disadvantaged small communities under Section 403.1838, F.S. The grant allocation assessment is in addition to the principal and interest portions of each non-capitalization grant project loan repayment and is included as a component of the financing rate.

(22) “Inflow/infiltration or I/I project” means a project to reduce excessive inflow or infiltration into the collection system. Infiltration is considered excessive when the total flow exceeds 120 gallons per capita per day during periods of dry weather. Inflow is considered excessive when the total flow exceeds 275 gallons per capita per day during a rain event. Documentation shall include influent flow rates, rainfall records and the population of units connected to the treatment system or lift station.

(23) “Green project” means a project that demonstrates water or energy efficiency, uses an environmentally innovative approach to treat wastewater or stormwater, or a stormwater project that restores the natural hydrology. The requirements for meeting one or more of these categories are provided in Attachment 2 of EPA’s “Procedures for Implementing Certain Provisions of EPA’s Fiscal Year 2012 Appropriation Affecting the Clean Water and Drinking Water State Revolving Fund Programs,” March 2012, and Change to the Clean Water State Revolving Fund Green Project Reserve Guidance, February 2017, hereby adopted and incorporated by reference. This document is available from the Department’s Clean Water State Revolving Fund Program, 3900 Commonwealth Blvd., MS 3505, Tallahassee, Florida 32399-3900, or at http://www.flrules.org/gateway/reference.asp?No=Ref-03910 and at http://www.flrules.org/gateway/reference.asp?No=Ref-14064. For energy efficiency projects the recipient shall provide a certification. The certification must state that the accepted project was designed to maximize energy efficiency. Certifications by a certified energy manager (CEM) or a certified energy auditor (CEA) are acceptable. CEMs and CEAs must be certified by the Association of Energy Engineers or equivalent national or international organization. Information on these certifications is available at: http://www.aeecenter.org/certifications.

(24) “Leveraged loan” means a loan issued by the Florida Water Pollution Control Financing Corporation (FWPCFC).

(25) “Loan Service Fee” means a fee paid by the project sponsor in an amount that ranges from two to four percent of the total loan amount less the portion of the loan for capitalized interest and shall not be included in the principal of the loan. The loan service fee shall be estimated at the time of execution of the loan agreement, revised with any increase or decrease amendment, and shall be finalized in the final loan amendment based on the total loan disbursed.

(26) “Planning loan” means an assistance agreement to perform the initial planning and administration for a project. The deliverable for this loan shall be a planning document or a sewer system evaluation study. The requirements for the planning document are described in subsection 62-503.700(2), F.A.C. A planning loan shall not be used to acquire any interest in real property.

(27) “Planning portion” means the portion of the priority list consisting of projects that do not qualify for the fundable or waiting portion.

(28) “Pledged revenue” means revenue specifically approved by the Department and dedicated to the repayment of the loan.

(29) “Priority list” means the annual listing of fundable, waiting, and planning portion projects.

(30) “Project” means as follows:

(a) For funding as a result of section 212 of the Act, devices and systems associated with wastewater, reclaimed water or stormwater management facilities; and,

(b) For funding as a result of either section 319 or 320 of the Act, devices and systems or implementation of best management practices associated with nonpoint source water pollution control.

(31) “Project costs” means costs for planning, design and construction, procurement of equipment and materials, contingency, demolition, legal and technical services, land acquisition, wastewater system acquisition, and capitalized interest.

(32) “Project sponsor” means a local government, nonprofit utility, or not-for-profit utility eligible under the Act or other entity eligible as a result of sections 319 and 320 of the Act to receive a loan. An eligible project for a nonprofit or not-for-profit utility is limited to projects that support water conservation, energy efficiency, and reuse as defined in Section 603 of the Act (33 USC §1383).

(33) “Request for Inclusion” means completed Form RFI 1, Request for Inclusion on the Clean Water Priority List, effective 3-9-22, which is hereby adopted and incorporated by reference. This form is available from the Department’s Clean Water State Revolving Fund Program, 3900 Commonwealth Blvd., MS 3505, Tallahassee, Florida 32399-3000, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-14066.

(34) “Segment cap” means the maximum amount available to any one sponsor during a fiscal year. The segment cap amount shall be established at a public meeting approving the priority list and shall be less than 25 percent of the funds available. Adjustments to the segment cap amount shall be made at a list management public meeting if additional funds become available and all projects eligible for placement on the fundable portion of the priority list at the most recent list approval or list management public meeting have been funded.

(35) “Septic tank failure” means a condition existing within an onsite sewage treatment and disposal system that prohibits the system from functioning in a sanitary manner and that results in the discharge of untreated or partially treated wastewater onto the surface of the ground, into surface water, into ground water, or that results in the failure of building plumbing to discharge properly. However, for the purposes of this rule, failures resulting from improper maintenance of the system or lack of maintenance shall not be considered a septic tank failure.

(36) “Service Area” means that area currently served by the project sponsor and any additional area proposed to be served by the sponsor’s project.

(37) “Small community” means a municipality or unincorporated community with a total population of 10,000 or less as of the most recent decennial census.

(38) “Waiting portion” means the portion of a priority list consisting of projects that are qualified to be on the fundable portion but cannot be placed on the fundable portion until there are sufficient funds.

(39) “Useful life” means for land – 100 years; conveyance pipes – 50 years; other structures such as buildings and tankage – 30 to 50 years; process equipment – 15 to 20 years; and auxiliary equipment such as power generators and controls – 10 to 15 years.

(40) The following terms and phrases used throughout this rule chapter have the meaning given these words in Section 287.012, 403.1835, 403.1837 or 403.031, F.S.: best value, FWPCFC, and local governmental agencies.

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1832, 403.1835, 403.031, 403.1837 FS. History–New 4-17-89, Amended 12-4-91, 2-23-94, Formerly 17-503.200, Amended 1-4-98, 7-1-99, 2-6-02, 7-29-04, 4-22-14, 3-9-22.

Fla. Admin. Code R. 62-503.300 General Program Information

(1) Steps involved in obtaining a loan.

(a) Request for inclusion. The project sponsor shall submit a Request for Inclusion Form, incorporated by reference in subsection 62-503.200(33), F.A.C., to the Department to establish project ranking on the priority list as outlined in paragraph (1)(e), below, and to determine the financing rate on the loan, as outlined in subsection (5), below:

1. The Department shall review requests for inclusion to verify eligibility and accuracy of the information provided, such as census tract numbers, service area boundaries, population, public health risk, system boundaries, project costs, and to determine the project scope.

2. Additional information shall be requested by the Department when the data provided by the project sponsor are incomplete or unclear.

(b) Documentation required for priority listing. The documentation that must be timely submitted to compete for funding at a priority list meeting varies depending on the type of loan being requested and is known as the readiness-to-proceed criteria. For planning loans, the completed Request for Inclusion form and its necessary attachments are required. For design loans, the Request for Inclusion form and all documentation required in subsection 62-503.700(2), F.A.C., must be submitted and complete. For Inflow and Infiltration (I/I) rehabilitation loans, the Request for Inclusion form, sewer system evaluation study, all documentation referenced in Rule 62-503.751, F.A.C., all required permits and bid documents corresponding to the areas to be rehabilitated must be submitted. For construction loans, the Request for Inclusion form, all documentation referenced in subsections 62-503.700(2) through 62-503.700(5), F.A.C., must be submitted, and the process described in Rule 62-503.751, F.A.C., must be completed.

(c) Priority List Public Meeting.

1. Except as provided in subparagraph 2., below, if funds are available for new projects, a priority list public meeting shall be held on the second Wednesday in August, or as otherwise noticed in the Florida Administrative Register in advance of the public meeting.

2. If the waiting portion from the previous fiscal year exceeds twice the anticipated available funds, no public meeting shall be held, unless it is necessary to add projects to meet federal requirements. If such a public meeting is held, only those projects necessary to comply with the federal requirements shall be considered. For the purposes of this paragraph, anticipated available funds means federal capitalization grants and state matching funds expected to be received during the state fiscal year, loan repayments minus debt service payments to be received during the state fiscal year, any carry over funds from the previous year, and anticipated interest earnings during the fiscal year.

3. If additional funds are available after the priority list public meeting, one or more priority list management public meetings shall be scheduled to allocate the additional funds.

(d) Readiness-to-proceed deadline. For a project to appear on the priority list, the sponsor shall have postmarked or delivered to the Department all documentation as required in paragraph (b) above and shall have the Department’s acceptance of its planning and environmental review process for a design or construction loan no later than 45 days before the priority list public meeting at which the project competes for funding. The project sponsor must respond to all Department comments related to the required documentation and must submit these responses at least 15 days prior to the public meeting.

(e) Priority system. Timely submitted projects shall be given priority according to the extent each project is intended to remove, mitigate, or prevent adverse effects on surface or ground water quality and public health. The final priority score for each project shall be determined as described in subparagraphs 1. though 4., below.

1. Base priority score. Each project shall receive a base priority score (BPS) based on the weighted average of its components or facilities. The BPS shall be determined based on the following formula where CPS means the component priority score and CCC means component construction cost or:

BPS = [CPS1 x CCC1 + . . + CPSn x CCCn ] / Total Construction Cost

Project components shall be assigned component priority scores according to the categories in Table 1.

Table 1

Project Component

CPS

1. Eliminate a documented acute or chronic public health hazard. Examples include eliminations of failing septic tanks, failing package plants, or sanitary sewer overflows.

500 points

2. Implement a project included in, or to be implemented as a direct result of, an adopted Basin Management Action Plan or a Reasonable Assurance Plan approved pursuant to Section 403.067, F.S.

450 points

3a. Protect surface or ground water by preventing or reducing a documented source of pollution, pollution reductions necessary to meet regulatory requirements, or

3b. Projects or activities by local governmental agencies or on-site system management entities, under section 319 of the Act, that correct septic tank failures in springsheds of first-magnitude springs; or correct septic tank contributions to nutrient impaired spring systems.

400 points

4. Address a compliance problem documented in an enforcement action where the Department has issued a notice of violation or entered into a consent order with the project sponsor.

375 points

5. Meet the criteria for a Green Project; correct excessive inflow/infiltration or other issues within the collection and transmission system that cause sanitary sewer overflows; scheduled rehabilitation, replacement, or repair described in an approved asset management plan; or reuse that replaces an existing or proposed demand on a water supply.

350 points

6. Planning and design loans; projects for the installation of wastewater transmission facilities to be constructed concurrently with other construction projects occurring within or along a transportation facility right-of-way; or for rehabilitation, replacement or repair not included in an approved asset management plan.

340 points

7. Projects that construct other reclaimed water systems or residuals reuse systems that do not meet the criteria of component 5., above.

300 points

8. Ensure compliance with other enforceable standards or requirements.

200 points

9. Timely submitted project that otherwise meets the requirements of the Act, including land or wastewater system acquisition.

100 points

2. Special waters of the state factor. A project base priority score assigned under subparagraph (e)1., above, shall be multiplied by 1.2 if the project is a construction project that will assist in the restoration or protection of Outstanding Florida Waters (pursuant to Section 403.061, F.S.), a water body identified under the National Estuary Program (pursuant to the Act); a federally designated Wild, Scenic or Recreational River Area; or an impaired water body on the State’s adopted verified list of impaired waters.

3. Construction projects that result in the elimination of ocean outfalls or are identified in a regional water supply plan developed pursuant to Section 373.709, F.S., shall have 15 bonus points added to the priority score after the adjustment under subparagraph (e)2., above.

4. Economic hardship. The extent of the economic hardship existing in a small community to be served by the project shall be reflected in the priority score. For a sponsor that qualifies as a small community with a financial hardship, points shall be added to the priority score, using the formula 1000 divided by the Affordability Index, after adjustment under subparagraphs (e)2. and (e)3., above.

(f) Priority List Development. The priority list is developed at the public meeting and includes the fundable, waiting, and planning portions. Projects that meet the requirements of paragraph (b), above, compete for placement on the fundable or waiting portions using a tiered ranking system. Tier 1 includes all projects previously on the fundable portion which require an increase to an existing loan, tier 2 includes new projects that receive a total priority score of 350 points or more, and tier 3 includes all other projects. Tier 1 is the highest priority and tier 3 the lowest. Within each tier, projects are ranked in priority score order with the highest score at the top of the tier. Once the segment cap has been determined, the available funds are assigned to projects in tiers 1 and 2 moving down the list until all projects have been assigned funds, up to the lower of the requested amount or the segment cap, or until the available funds are exhausted. The unfunded balance is then placed on the waiting portion by tier then priority score order. If funds remain available, they are assigned to projects in tier 3 until the funds are exhausted or all projects have been funded. Projects that must be added to meet special provisions of a federal capitalization grant shall be added to the bottom of the fundable portion, bypassing projects that would otherwise be placed on the fundable portion. Projects from tier 3 that do not receive any funding are placed on the planning portion in alphabetical order. To receive funding, projects on the planning portion must compete for funding at a subsequent priority list public meeting.

(2) Allowable project costs. Categories of allowable project costs include the following water pollution control activities subject to such limitations for leveraged loans as are necessary to maintain the tax-exempt status of bonds issued by the FWPCFC:

(a) Land purchased as necessary for construction of water pollution control infrastructure. Funding shall be limited to the appraised value of the fee simple interest of the acreage of land to be purchased. The appraisal report must be less than 12 months old at the time the construction loan application is received. If additional land is acquired that is not necessary for construction, then the eligible funding amount shall be the acreage of necessary land divided by the total acreage purchased times the purchase price;

(b) Construction and related procurement and other arrangements used to implement planned activities (such as a best management practice);

(c) Demolition and removal of existing structures;

(d) Contingency for project cost overruns under subsection 62-503.300(4), F.A.C.;

(e) Technical services after bid opening or award of design/build or construction manager at risk projects, and legal services resulting directly from the requirements of the Department supplied supplementary conditions that are included in the bid documents to comply with federal requirements, or legal services resulting from contractor non-compliance with the construction contract;

(f) Costs associated with interim financing for a sponsor whose project was adopted on the fundable or waiting portion of the priority list, but proceeded without sufficient loan funds from the Department;

(g) The purchase of a domestic wastewater facility and its associated infrastructure, excluding the value of land that is not necessary for operation of the facility. The project sponsor shall demonstrate a substantial benefit to the community and environment to be eligible for funding. Funding of a system acquisition shall be limited to the system’s fair market value;

(h) Technical services for soil and hydrogeological tests, geotechnical evaluations, sewer system evaluations, archaeological surveys, land surveys, and any other technical service deemed necessary for the planning, design, and construction of a project and value engineering services performed by a SAVE International Certified Value Specialist. See the SAVE International web site at http://www.value-eng.org/;

(i) Costs for project administration, planning, or engineering under a planning or design loan;

(j) Project costs, excluding operational costs, to implement best management practices for agricultural nonpoint source water pollution control;

(k) For sewer system evaluation studies, technical services for generating a sewer system evaluation survey, inflow corrections including replacing clean out caps, installing seals and dishes for manholes, and the televising/cleaning of lines including point repairs as necessary;

(l) For I/I rehabilitation loans, construction and related procurement used to implement the Department approved planned activities for an I/I rehabilitation project;

(m) Preparation and implementation of an asset management plan. To be eligible for reimbursement, the asset management plan must meet the requirements of subsection 62-503.700(7), F.A.C.;

(n) Constructed wetlands to be used for the treatment of domestic wastewater.

(o) Project bidding/procurement costs incurred under a design loan or construction loan; and

(p) The refinancing of unretired debt principal for a qualifying sponsor whose project meets the environmental review and procurement process of these rules, and only if in conjunction with a construction project being funded by SRF; however, a project that is financed with a loan from the Department shall not be refinanced by the Department at a lower interest rate.

(3) Ineligible project costs.

(a) Acquiring all or part of an existing stormwater or water pollution control management system except as allowed in paragraph 62-503.300(2)(g), F.A.C.;

(b) Project facilities or activities not included within the Department approved project scope;

(c) Costs for the use of the projects sponsor’s personnel or equipment in the planning, design, or construction of project facilities or implementing of agricultural best management or conservation practices;

(d) Costs incurred after the project closeout has been conducted by the Department to document project completion, final project costs, and adequacy of sponsor’s project files;

(e) Project facilities or services for which the planning, design, construction and procurement requirements of Rule 62-503.700, F.A.C., are not met;

(f) Water pollution control systems or components thereof, under a leveraged loan, that service a private use to the extent that the tax status of bonds issued by the FWPFC is jeopardized;

(g) Acquisition of sewer rights-of-way and easements;

(h) Service connections on private property unless the project qualifies for funding as a result of section 319 of the Act;

(i) Costs incurred before the adoption of the project on the fundable or waiting portion of the priority list;

(j) Any portion of a project funded by an executed agreement from any regional, state, or federal funding agency; and,

(k) Any other cost not listed as allowable under subsection (2), above.

(4) Project contingency.

(a) Project contingency shall not exceed 10% of the estimated sum of the construction costs and costs for allowable land. The contingency shall be adjusted by the Department to 5% after procurement contracts have been executed. There shall be no contingency for land when the costs are known.

(b) The contingency remaining after accounting for contract change orders shall be retained by the Department when project closeout occurs.

(5) Financing rate.

(a) The financing rate shall be calculated as follows except that the minimum financing rate shall be 0.2 percent and the maximum financing rate shall be the market rate:

FR = MR – 4 + (4/(1+(100/AI)3)) – 1/Log(P)

Where:

FR = financing rate

MR = Market Rate

AI = Affordability Index

P = Population served or to be served by the sponsor

When bond proceeds are available for leveraged loans, the market rate shall be the most recent rate at which bonds were sold by the FWPCFC. When bond proceeds are not available, the market rate for interest shall be established using the Thomson Publishing Corporation’s “Bond Buyer” 20-Bond GO Index. The market rate, is established by the Department as of January 1, April 1, July 1, and October 1 of each year and it is the average weekly yield during the three months (3) immediately preceding the date of determination. The average weekly yield is derived from the yields reported in the “Bond Buyer” for the full weeks occurring during the three-month period.

(b) The financing rate shall be fixed for the principal amount of a planning, design, or construction loan including any amendments and for the duration of the loan repayment period. A planning loan may be rolled into a design loan, but the financing rate remains fixed. A design loan cannot be rolled into a construction loan. The financing rate shall be further adjusted by each of the following for which the project qualifies, but the adjustments shall not reduce the financing rate below 0.2 percent:

1. Projects with a Department accepted and implemented asset management plan that meets all requirements in subsection 62-503.700(7), F.A.C., shall be eligible for a reduction in the financing rate if implementation has been verified when the final disbursement request is received or three (3) months prior to the first scheduled repayment, whichever comes first. The financing rate shall be as calculated in paragraph 62-503.300(5)(a), F.A.C., minus 0.1.

2. Projects that qualify as a Green Projects as defined in subsection 62-503.200(22), F.A.C., shall also be eligible for a reduction in the financing rate. For projects that are entirely a Green Projects, the financing rate shall be as calculated in paragraph 62-503.300(5)(a), F.A.C., minus 0.1. For projects with components that do not qualify as a Green Projects, the financing rate reduction shall be 0.1 times the Green Projects component cost divided by the total as-bid construction cost. For these projects the financing rate reduction shall be applied only after the project has been bid.

3. Projects that include a requirement for American Iron and Steel in accordance with Section 608 of the Act (33 USC §1388) and projects that include a requirement for Davis-Bacon wage rates as required in 29 CFR Part 5, Subpart A (7-1-2019 Edition) shall be eligible for a total reduction in the financing rate of 0.5. The document 29 CFR Part 5, Subpart A is available from the Department’s Clean Water State Revolving Fund Program, 3900 Commonwealth Blvd., MS 3505, Tallahassee, Florida 32399-3000, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-14073, and is hereby adopted and incorporated by reference.

4. Project sponsors that agree to fund a nontraditional project that is eligible under the Act but does not receive a Clean Water State Revolving Fund loan, shall receive a financing rate reduction such that the present worth of the savings is equivalent to the cost of the project, up to a reduction in the financing rate of 0.5.

(c) The financing rate for a non-governmental sponsor of a project that qualifies for funding as a result of section 319 or 320 of the Act shall be fifty (50%) percent of the current market rate.

(6) Debt coverage for non-governmental sponsors. A non-governmental sponsor of a project that qualifies for funding as a result of section 319 or 320 of the Act shall document that it has a current term debt and capital lease coverage ratio of at least 1.15. This ratio shall have, as its numerator, net operations income plus non-operating income plus depreciation plus interest on term debt (multi-year debt) minus payroll and income taxes minus owner withdrawals; and, as its denominator, the sum of scheduled payments on term debt and long-term leases. This information shall be verified by the sponsor through a certified public accountant (CPA).

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835 FS. History–New 4-17-89, Amended 12-4-91, 2-23-94, Formerly 17-503.300, Amended 1-4-98, 7-1-99, 2-6-02, 7-29-04, 4-22-14, 3-9-22.

Fla. Admin. Code R. 62-503.430 Loan Applications and Agreements

(1) General.

(a) A complete loan application, Form Application 1, State Revolving Fund Loan Program for Point Source Water Pollution Control Loan Application, effective 3-9-22, or Form Application 2, State Revolving Fund Loan Program for Nonpoint Source Water Pollution Control Loan Application, effective 3-9-22, shall be submitted to the Department within 120 days after the project is listed on the fundable portion of the priority list. Both of these forms are hereby adopted and incorporated by reference. The project sponsor may incorporate into the loan application, by reference, any information previously submitted to the Department. These forms are available from the Department’s Clean Water State Revolving Fund Program, 3900 Commonwealth Blvd., MS 3505, Tallahassee, Florida 32399-3000, or at http://www.flrules.org/gateway/reference.asp?No=Ref-14074, and at http://www.flrules.org/gateway/reference.asp?No=Ref-14075.

(b) To receive a loan, a project sponsor must submit a complete loan application, provide reasonable assurance that it has the financial capability to complete the project and repay the loan, and enter into a negotiated written agreement. Loan agreements shall be offered to project sponsors for projects listed on the fundable portion in the order of receipt of a complete application irrespective of priority score, project rank, or qualification for the small-community reserve funds.

(c) If a project sponsor does not submit a complete loan application within 120 days, or a loan agreement is not executed within 210 days after a project is added to the fundable portion, the project shall be removed from the priority list at the next scheduled public meeting, unless mitigating circumstances are presented to the Department by the beginning of that meeting that document why the application was not submitted or why the agreement was not executed by the appropriate deadline.

(d) Project sponsors shall provide reasonable financial assurance that project activities will be completed including requirements for service providers and equipment suppliers or manufacturers to provide performance guarantees; and insurance covering workers’ compensation, comprehensive general liability, vehicle liability, and property damage to the extent that coverage is available for project activities.

(e) Financial hardship loans shall not be awarded with funds from the FWPCFC.

(f) The Department shall have the primary responsibility for drafting the loan agreement and setting its terms. The loan agreement shall have terms to meet program requirements. Loan agreement covenants may vary for direct and leveraged loans. Projects being funded under (or pursuant to) different sections of the Act or as a result of different sources of pledged revenues may have different loan agreement provisions.

(g) The loan recipient shall certify that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.”

(2) Pledged Revenues. The loan recipient shall make deposits of pledged revenues to a restricted or assigned debt service account and shall be responsible for the maintenance of that account.

(a) Pledged revenues for projects sponsored by a local government shall be a minimum of 1.15 times the amount required to make each semiannual loan repayment unless the project sponsor establishes a restricted or assigned reserve account in an amount not less than the equivalent of two semiannual loan repayments. The pledged revenue coverage for the loan from the Department shall not be transferred or derived from coverage required by senior lien debt instruments.

(b) Pledged revenues for projects sponsored by other than a local governmental agency shall be a minimum of 1.15 times the amount required to make each semiannual loan repayment and shall be secured with collateral having an appraised market value not less than 125% of the loan principal. The appraisal report must be less than 12 months old at the time the loan application is received. The loan applicant must own the real property in fee simple without any mortgages, liens or other encumbrances on the title to the property that would limit the Department’s ability to sell the property in case of default on the loan.

(3) Legal Affirmation. When a loan agreement executed by a local government project sponsor is submitted to the Department for execution, it shall include an affirmation by the project sponsor’s legal counsel that:

(a) The loan agreement constitutes a valid and legal obligation of the borrower;

(b) The loan agreement specifies the revenues pledged to the repayment of the loan; and,

(c) The pledge is valid and enforceable.

(4) Security. The Department shall have no lien on or security interest in or claim on any monies or property except as expressly provided in the loan agreement and, for projects sponsored by other than a local government, the security interest agreement.

(5) Assurance of compliance. The project sponsor shall provide assurance that:

(a) Records will be kept using generally accepted accounting practices. The Department, the Auditor General, and their agents shall have access to all records pertaining to the loan.

(b) Project facilities will be properly operated and maintained and best management practices shall be continued, as appropriate.

(c) Loan funds will not be used for the purpose of lobbying.

(6) Disbursements. Disbursements to the project sponsor shall be for allowable invoiced costs, unless the project sponsor qualifies and is approved for advanced payments in accordance with Section 216.181(16), F.S. Disbursements shall be subject to the following requirements:

(a) Requests for disbursements for construction and engineering services costs shall be accompanied by itemized summaries of the materials, labor, or services to identify the nature of the work performed. The disbursement package shall also include a statement that the construction or other service for which payment or reimbursement is sought has been satisfactorily performed. Plans, specifications, site certifications, and permits for any portion of construction completed under a design/build project that used a best value procurement process must be submitted to the department prior to disbursement of construction funds for that portion of construction completed;

(b) The materials, labor, and services shall be part of the approved project scope; and,

(c) The disbursement shall be due under the terms of the loan agreement, and there shall be money available under the loan agreement for payment.

(7) Repayments. The project sponsor shall begin repaying a loan no later than the date scheduled under the loan agreement. The scheduled date shall be six (6) months after the estimated completion date or, for projects using interim financing to complete the project prior to receiving a SRF loan, six (6) months after the first available interim loan payoff date.

(8) Loan repayment term.

(a) Loan repayment periods for projects sponsored by a local governmental agency shall be limited to twenty (20) years or the useful life of the project, whichever is less. Loan repayment periods shall be extended to a maximum of thirty (30) years as allowed under the Act for projects to benefit a small community with a financial hardship.

(b) Repayment periods for loans sponsored by other than a local governmental agency shall be limited to twenty (20) years or the useful life of the project, whichever is less.

(c) Repayment periods for planning and design loans shall be limited to ten (10) years.

(9) Remedies for defaults. Remedies for delinquent loan repayment and other events of default shall be limited to those set forth in the loan agreements. Events of default shall include noncompliance with any of the terms of the loan agreement. No delay or omission to exercise any right or power accruing upon an event of default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein.

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835 FS. History–New 4-17-89, Amended 12-4-91, 6-21-93, 2-23-94, Formerly 17-503.430, Amended 1-4-98, 7-1-99, 2-6-02, 7-29-04, 4-22-14, 3-9-22.

Fla. Admin. Code R. 62-503.500 Funds Reserved for Specific Purposes

(1) Small community reserve. Fifteen percent of the funds allocated each year by the Department less the amount of any bonds issued or to be issued by the Florida Water Pollution Control Financing Corporation shall be reserved to fund projects that will serve small communities. The Department shall administer the small-community reserve funds as follows:

(a) A project serving a small community shall retain eligibility for funding from the small-community reserve regardless of the population of the project sponsor seeking funding for the project. However, a project shall not be eligible for funding from the small-community reserve if more than half of the population of the community to be served by the project is located within an incorporated jurisdiction that is not a small community.

(b) When the priority list is adopted, any part of the reserved amount not needed for small-community projects shall become available for all projects.

(2) Grant allocation assessment. Grant allocation assessments and earnings that have been released from any lien securing any bonds shall be used solely for making wastewater management project grants to financially disadvantaged small communities under Section 403.1838, F.S.

(3) Green project reserve. If required in the federal capitalization grant, funds shall be reserved for a Green project as defined in subsection 62-503.200(22), F.A.C., if sufficient Green projects are submitted to use the funds.

(4) Funds reserved for principal forgiveness. If required in the federal capitalization grant, funds shall be reserved for providing loan principal forgiveness to projects that qualify for grants under Section 403.1838, F.S. The percentage of the loan principal forgiven shall be determined as described in subsection 62-505.350(5), F.A.C.

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835 FS. History–New 4-17-89, Amended 12-4-91, 2-23-94, Formerly 17-503.500, Amended 1-4-98, 7-1-99, 2-6-02, 7-29-04, 4-22-14, 3-9-22.

Fla. Admin. Code R. 62-503.600 Priority List Information

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835 FS. History–New 4-17-89, Amended 12-4-91, 2-23-94, Formerly 17-503.600, Amended 12-26-96, 1-4-98, 7-1-99, 2-6-02, 7-29-04, Repealed 4-22-14.

Fla. Admin. Code R. 62-503.700 Planning, Design, Construction, and Procurement Requirements

(1) General. The requirements of subsections (2) through (6), below, shall be met for all projects.

(a) Federal regulations incorporated by reference shall be read so that the terms “United States,” “federal,” “EPA,” and “officials of EPA” mean “the Department” unless the context clearly indicates otherwise.

(b) Capitalization grant projects shall be subject to the requirements of specific federal cross-cutting authorities identified in the loan application.

(2) Project planning documentation shall include the following:

(a) Sufficient illustrative detail of the local area to identify where the project or activity would be located. Landmarks and other readily identifiable features shall be noted.

(b) A description of the existing and recommended facilities, estimated capital costs, and estimated operation and maintenance costs, if applicable.

(c) The need or justification for the project or activity and the environmental and economic impacts and benefits of the project.

(d) A cost comparison of at least three alternatives, unless it can be demonstrated that fewer alternatives are available, except for projects in paragraph (e), below. The project sponsor shall demonstrate that several cost-effective alternatives were considered for the proposed project.

(e) For projects qualifying for funding as a result of section 319 or 320 of the Act, documentation of conformance with the Act, as incorporated by reference in subsection 62-503.200(1), F.A.C., is required. Acceptable documentation includes at least one of the following:

1. Best management practices established in Florida statute or rule.

2. Agricultural practices implemented to carry out a nutrient management plan prepared by the USDA National Resource Conservation Service or a Florida licensed Professional Engineer.

(f) Resolution of comments received by the Florida State Clearinghouse during its intergovernmental review of the project.

(g) The public participation process used to explain the project and the financial impacts to the public.

1. When a project is eligible for funding as a result of section 212 of the Act, the public participation process shall include the project sponsor’s public meeting held before the project sponsor’s acceptance of the planning recommendations. The public meeting shall provide for public participation in the evaluation of project alternatives and shall inform the public of the capital cost of the proposed project and the long term financial impacts on the customers. Notice of the public meeting shall be in accordance with local requirements or 14 days prior to the public meeting, whichever is greater.

2. When an agricultural practice identified in subparagraphs (e)1. through 2., above, is selected for implementation on the project sponsor’s property and it is eligible for funding as a result of section 319 or 320 of the Act, the public participation requirement shall be deemed to have been met as a result of the environmental review process in Rule 62-503.751, F.A.C.

3. When an agricultural practice identified in subparagraphs (e)1. through 2., above, is selected for implementation on property the project sponsor will acquire, and it is eligible for funding as a result of section 319 or 320 of the Act, the public participation requirement shall be as described in subparagraph (g)1., above.

(h) Financial feasibility information addressing the following:

1. The sources and amounts of revenues to be dedicated to repaying the loan and the expenses, charges, and liens against or to be paid from such dedicated funds or revenues. The information shall demonstrate the ability to repay the loan with a margin of safety. Examples of a margin of safety are as follows:

a. Pledged revenue coverage ratio of at least 1.15 for projects sponsored by a local government agency,

b. A current term debt and capital lease coverage ratio of at least 1.15, as explained in subsection 62-503.300(6), F.A.C., for projects sponsored by other than a government agency.

2. Capital improvements that will be financed from the same funds or revenues dedicated to repaying the loan. For projects qualifying for funding as a result of section 212 of the Act, information must include capital improvements that will be implemented over at least a two-year period commencing with the first semiannual loan repayment.

3. The proposed system of charges, rates, fees, and other collections that will generate the revenues to be dedicated to loan repayment. The rate structure of the revenue generation system shall be approved at least six months before the first State Revolving Fund loan repayment is due or before the project closeout, whichever occurs first. The rate structure shall be implemented timely to ensure the generation of sufficient revenues dedicated to loan repayment and may be implemented in phases to the extent timely and sufficient revenue generation will be accomplished. The revenue generation system shall be revised, as necessary, to satisfy the pledged revenue requirements of the loan.

(i) An updated Request for Inclusion to include the schedule, scope, and costs for implementing the recommended facilities or activities and any changes to the census tracts to account for project changes if necessary.

(j) An adopting resolution or other action establishing a commitment to implement the planning recommendations.

(k) For a project, or its components, that is to be listed as a Green project, documentation of how the project meets the federal requirements for a Green project shall be provided as outlined in the guidance documents adopted in subsection 62-503.200(22), F.A.C.

(3) Plans and Specifications. The project sponsor shall submit biddable plans and specifications conforming to the planning documentation described in subsection 62-503.700(2), F.A.C., for projects involving construction. For design/build projects using a best value procurement process, the sponsor shall submit a copy of the request for proposals, and a design criteria package that meets the requirements of the Consultants’ Competitive Negotiation Act, Section 287.055, F.S. Final permitted plans and specifications shall be submitted for each component of the project.

(4) Site Certification. The project sponsor shall certify that all sites necessary for the construction, operation, and maintenance of the project or to otherwise carry out project activities over the useful life of the project are available.

(5) Permit. The project sponsor shall submit evidence that all required permits have been obtained, or written documentation from the applicable permitting authorities that the project will be permitted, or that a permit is not required.

(6) Procurement must be in conformance with 40 CFR 31.36, (July 1, 2011), hereby adopted and incorporated by reference. This document is available from the Department’s Clean Water State Revolving Fund Program, 3900 Commonwealth Blvd., MS 3505, Tallahassee, Florida 32399-3000, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03917. When procuring property and services under a SRF loan, a project sponsor shall follow the policies and procedures it uses for procurements from its non-SRF funds provided that the procurement conforms to applicable federal, State and local laws and regulations, and the following requirements. The procurement of professional services for planning, design, and construction shall meet CCNA requirements and shall not exceed the monetary limits of a continuing contract.

(a) All procurement transactions shall be conducted in a manner providing full and open competition. The use of statutorily or administratively imposed in-state or local geographical preferences in the evaluation of bids or proposals is prohibited. For small purchases that cost $35,000.00 or less, a price or rate quotations shall be obtained from a minimum of two qualified sources.

(b) Construction contractors shall be selected according to a recognized procurement method such as formal advertised competitive bidding, competitive best value or competitive qualifications based proposals, or noncompetitive proposals. Delivery methods shall be design/bid/build, design/build or construction manager at risk.

(c) Requirements for the formal advertised competitive bidding method of procurement shall be as follows:

1. All solicitations shall incorporate a clear and accurate description of the technical requirements for the materials, products, or services to be procured.

a. Such description shall not contain features that unduly restrict competition.

b. The description shall include a statement of the qualitative nature of the materials, products or services to be procured, and when necessary, shall set forth those minimum essential characteristics and standards to which they must conform to satisfy their intended use.

c. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equal” description may be used as a means to define the performance or other salient requirements of a procurement. The specific features of the named brand which must be met by bidders shall be clearly stated.

d. All requirements that the bidders must fulfill and all other factors to be used in evaluating bids or proposals shall be identified.

2. Project sponsors shall ensure that all prequalified lists of persons, firms, or products that are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition.

3. The invitation for bids shall be publicly advertised and bids shall be solicited from an adequate number of known suppliers to assure open competition, providing them sufficient time prior to the date set for opening the bids. It is recommended that the invitation to bid be advertised in an electronic plan room.

4. The invitation for bids, which shall include any specifications and pertinent attachments, shall define the items or services in order for the bidder to properly respond.

5. All bids shall be publicly opened at the time and place prescribed in the invitation for bids, and a firm-fixed-price contract (lump sum or unit price) awarded to the responsible bidder whose bid conforms to all the material terms and conditions of the invitation for bids.

6. Any or all bids may be rejected if there is a sound, documented reason.

7. Project changes after advertising for bids or other project proposals and before bid or proposal opening shall be made by addendum. Changes to executed contracts involving construction shall be made by change order. The project sponsor shall submit all addenda and change orders to the Department. The Department shall perform an eligibility determination for each change order.

(d) Competitive proposals shall be solicited from an adequate number of qualified sources to ensure open competition. The loan recipients shall have a method for conducting technical evaluations of the proposals received and for selecting awardees.

1. For the competitive best value selection method of procurement, awards shall be made to the responsible firm whose proposal is most advantageous to the loan recipient, with price and other factors considered.

2. For the competitive qualifications based selection method of procurement, statements of qualifications shall be solicited from an adequate number of sources. Statements of qualifications received from at least three responsible firms shall be considered adequate unless it is determined by the loan recipient that it is in its best interest to proceed with the procurement having received less than three proposals. Statements of qualifications shall be evaluated based on the request for qualifications. Awards shall be made to the responsive and responsible firm whose statement of qualifications is deemed to be most advantageous by the loan recipient.

(e) Requirements for the noncompetitive proposals method of procurement shall be as follows:

1. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate.

2. Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids or competitive proposals, and one of the following circumstances applies:

a. The item is available only from a single source,

b. The public exigency or emergency for the requirement shall not permit a delay resulting from competitive solicitation, or

c. After solicitation of a number of sources, competition is determined inadequate.

3. A cost analysis verifying the proposed cost data and an evaluation of the specific elements of costs and profits, is required.

4. Loan recipients shall submit the proposed procurement to the Department for pre-award review.

(f) Design/build and construction manager at risk (CMR) procurement shall meet the requirements of the Consultants’ Competitive Negotiation Act, Section 287.055, F.S.:

1. Competitive best value or competitive qualifications based selection shall be used as the selection process for design/build procurement.

a. Requests for competitive best value or competitive qualifications-based selection shall be submitted to the Department prior to advertising for a determination of compliance with loan program requirements.

b. The proposal solicitation shall describe the work eligible for a loan, the requirements with which the successful respondent shall comply, and the evaluation process to be used in selecting the successful respondent.

c. Advertising shall include announcement in a publication having general circulation on a statewide basis, in a construction trade journal, in a professional journal, or in an electronic plan room. It is recommended that the announcement be advertised in an electronic plan room.

d. The time allowed for development of proposals shall commensurate with the complexity and extent of the work and with the extent of the conceptual documents provided with the request for proposals.

e. The project sponsor shall demonstrate that the competition solicited is sufficient for the complexity and extent of the work.

f. The design/build team will be identified as part of awarding the contract. If the construction contractor is not identified as part of the award, procurement shall follow steps to ensure a competitive process as described in paragraphs 62-503.700(6)(a) through 62-503.700(6)(d), F.A.C.

2. Competitive qualifications-based selection shall be used in the selection process for CMR procurement. The request for qualifications shall describe the work eligible for a loan, the requirements with which the successful respondent shall comply, and the evaluation process to be used in selecting the successful respondent.

a. Advertising shall include announcement in a publication having general circulation on a statewide basis, in a construction trade journal, in a professional journal, or in an electronic plan room. It is recommended that the announcement be advertised in an electronic plan room.

b. The time allowed for development of qualifications shall be commensurate with the complexity and extent of the work and with the extent of the conceptual documents provided with the request for qualifications.

c. The project sponsor shall demonstrate that the competition solicited is sufficient for the complexity and extent of the work.

d. Requests for qualifications shall be submitted to the Department prior to advertising for a determination of compliance with loan program requirements.

e. Work performed directly by the CMR shall be limited to no more than 50% of the guaranteed maximum price unless a higher percentage is requested and approved by the Department. For any construction work that will be performed by the CMR, bids or request for proposals shall be submitted to and reviewed by the sponsor or any other neutral party as determined by the sponsor to avoid a conflict of interest.

(g) Loan recipients shall maintain a contract administration system that ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.

(h) Loan recipients shall maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. No employee, officer, or agent of the loan recipient shall participate in selection, or in the award or administration of a contract supported by SRF funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his immediate family, his or her partner, or an organization that employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The loan recipient’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements. Loan recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the loan recipient’s officers, employees, or agents, or by contractors or their agents.

(i) Loan recipients are encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. Loan recipients are also encouraged to complete water efficiency and energy audits to minimize operational costs.

(j) Loan recipients shall make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

(k) Loan recipients shall maintain records sufficient to detail the significant history of a procurement. These records shall include the following: Rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.

(l) Loan recipients shall be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements.

(m) Retention of all required records for five (5) years after loan recipients or subloan recipients make final payments and all other pending matters are closed.

(n) For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold, the Department shall accept the bonding policy and requirements of the loan recipient when the Department has made a determination that the Department’s interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows:

1. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.

2. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract.

3. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

(o) A loan recipient’s contracts shall contain provisions for:

1. Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms,

2. Such sanctions and penalties as may be appropriate; and,

3. Termination for cause and for convenience by the loan recipient including the manner by which it shall be effected and the basis for settlement.

4. Access by the loan recipient, the Department, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor that are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.

5. Incorporating the Department’s Supplementary Conditions into its bid, request for proposals, or request for qualifications documents. These Supplementary Conditions include, but are not limited to, the following provisions:

a. Equal Employment Opportunity compliance,

b. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act, section 508 of the Clean Water Act, and Executive Order 11738; and,

c. Contracting with small and minority firms, women’s business enterprise, and labor surplus area firms (if applicable).

(7) Asset Management Plans. Loan recipients are encouraged to implement an asset management plan to promote long term sustainability of the system. To be accepted for the financing rate adjustment and to be eligible for reimbursement, an asset management plan must be adopted by ordinance or resolution and written procedures must be in place to implement the plan and it shall be implemented timely. The plan must include each of the following:

(a) Identification of all assets within the project sponsor’s system;

(b) An evaluation of the current age, condition, and anticipated useful life of each asset;

(c) The current value of the assets;

(d) The cost to operate and maintain all assets;

(e) A capital improvement plan based on a survey of industry standards, life expectancy, life cycle analysis, and remaining useful life;

(f) An analysis of funding needs;

(g) An analysis of population growth and wastewater or stormwater flow projections, as applicable, for the sponsor’s planning area, and a model, if applicable, for impact fees; commercial, industrial and residential rate structures; and industrial pretreatment fees and parameters;

(h) The establishment of an adequate funding rate structure;

(i) A threshold rate set to ensure the proper operation of the utility, if the sponsor transfers any of the utility proceeds to other funds, the rates must be set higher than the threshold rate to facilitate the transfer and proper operation of the utility; and,

(j) A plan to preserve the assets; renewal, replacement, and repair of the assets as necessary, and a risk-benefit analysis to determine the optimum renewal or replacement time.

(k) A plan to evaluate and implement water and energy conservation efforts that meet the requirements set forth in Section 602 of the Act (33 USC §1382).

(8) Fiscal Sustainability Plan. Loan recipients are required to develop and implement a fiscal sustainability plan to promote long term sustainability for treatment works proposed for repair, replacement, or expansion in accordance with Section 603 of the Act (33 USC §1383). Implementation of an asset management plan as outlined above would meet the requirements of a fiscal sustainability plan. The fiscal sustainability plan must be received and approved by the Department, and written procedures must be in place to implement the plan prior to the Department’s approval of the final disbursement request. The plan must include each of the following:

(a) An inventory of critical assets that are part of the treatment works;

(b) An evaluation of the condition and performance of the inventoried assets or asset groupings;

(c) A certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and

(d) A plan for maintaining, repairing, and as necessary, replacing the treatment works and plan for funding such activities.

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835 FS. History–New 4-17-89, Amended 8-1-90, 12-4-91, 6-21-93, 2-23-94, Formerly 17-503.700, Amended 1-4-98, 7-1-99, 2-6-02, 7-29-04, 4-22-14, 3-9-22.

Fla. Admin. Code R. 62-503.751 Environmental Review

(1) General.

(a) The Department shall perform an environmental review for each project to be funded. The environmental review shall evaluate the environmental significance of a proposed project and whether the planning of the project meets the requirements of this chapter. The results of the Department’s environmental review for each project shall be issued as an environmental information document which shall be valid for five (5) years from the date of issue, after such time, the document is no longer valid unless a Florida Reaffirmation Notice, pursuant to subsection 62-503.751(5), F.A.C. is written by the Department. The different environmental information documents are described in subsections (2) through (5), below. A notice of availability of an environmental information document shall be published in the Florida Administrative Register to announce the results of the Department’s environmental review. The notice of availability shall include instructions about the procedures for accessing the project information and the Department’s findings. The Department shall provide a thirty (30) day period, commencing as of the date of the notice of availability, for public comment about the environmental impacts of proposed projects. Written comments from the public shall be considered by the Department before approving a project for funding if postmarked or delivered within the thirty (30) day comment period to the Department.

(b) Review procedures, identical to those described in this subsection, shall be used when the Department amends an environmental information document to announce project changes that have potentially significant environmental impacts.

(2) Florida Categorical Exclusion Notice (FCEN). A FCEN shall be used for certain projects that are not expected to generate controversy over potential environmental effects. A FCEN shall not be used when there are documented environmental objections to a project before the local governmental agency adopted the planning recommendations provided that such objections have a basis in statute, regulation, or ordinance.

(a) In issuing a FCEN, the Department shall:

1. Briefly describe the project, the justification for the categorical exclusion, and the proposed loan funding.

2. Conclude the environmental review only after the 30-day public comment period, under subsection (1), above, has expired and:

a. No information is received about adverse environmental impacts,

b. Information is received about adverse environmental impacts and the objections either are without a basis in statute, regulation, or ordinance or the objections are resolved, or

c. Information is received about adverse environmental impacts, the FCEN is rescinded, and an environmental review is undertaken according to subsection (3) or (4), below.

(b) Projects for which a categorical exclusion will be used are:

1. Rehabilitation of existing water pollution control system components or replacement of structures, materials or equipment,

2. Water pollution control systems that do not change the existing discharge point or permitted pollutant concentration limits and that do not involve acquisition of undisturbed land,

3. Water pollution control systems that serve less than 10,000 people in unsewered communities that involve self-contained individual or cluster systems providing both treatment and disposal of wastewater that will take place near the buildings from which the wastewater is to be discharged,

4. Water pollution control systems in areas where streets have been established, underground utilities installed, or building sites excavated; and,

5. Treatment plant upgrades that are solely to enable public access reuse.

(3) Florida Finding of No Significant Impact (FFONSI). The Department shall issue a FFONSI when a project sponsor proposes a project not categorically excluded from a detailed environmental review and not requiring a Florida Environmental Impact Statement. In issuing a FFONSI, the Department shall:

(a) Record the basis for the decision to provide financial assistance for the project, addressing:

1. The environmental consequences of the project,

2. The purpose and the need for the project,

3. The alternatives, including no action, and the cost considerations for the project,

4. Any environmental enhancement measures to be implemented,

5. The public participation process,

6. The results, if available, of the State Clearinghouse Review; and,

7. Compliance with relevant rules of the Department.

(b) Consider public comments about environmental impacts of a project if the comments are received within 30 days after the date of posting of the notice of availability.

(c) Conclude the environmental review for the project only after the 30-day comment period has expired; and,

1. No information is received about previously unconsidered adverse environmental impacts,

2. Information is received about previously unconsidered adverse environmental impacts and one of the following occurs:

a. The objections are either without a basis in statute, regulation, or ordinance or the objections are resolved,

b. A re-evaluation of the project is made as a result of the comments and the Department confirms the original decision or requires environmental enhancement measures before implementing the project, or

c. The FFONSI is rescinded.

(4) Florida Environmental Impact Statement (FEIS). A FEIS and a Florida Record of Decision (FROD), as required in 40 CFR Part 35 Subparts K & L, shall be used for a project for which there is an adverse direct or indirect impact on land use and population patterns, the quality of the environment, cultural or environmental resource areas, or the habitats of endangered or threatened species. A FEIS and FROD also shall be used when there is public objection over the environmental impacts of a project provided that the objections to the project have a basis in statute, regulation, or ordinance. A FEIS shall be prepared by the Department or, at the direction of the Department and in accordance with the Consultants’ Competitive Negotiation Act, Section 287.055, F.S., by others with no conflicting interest in the outcome. In completing the environmental review, the Department shall:

(a) Issue a notice of intent to prepare a FEIS for the project;

(b) Develop a plan of study and convene a meeting of government, including EPA, and other interested parties to determine the scope of the FEIS;

(c) Identify and evaluate project alternatives;

(d) Provide for public participation and review by federal and state environmental regulatory agencies;

(e) Ensure that adverse impacts of the project are minimized or eliminated;

(f) Document the findings of the environmental review using both the FROD and FEIS;

(g) Announce the funding eligibilities using a FROD and consider public comments about environmental impacts if received during the thirty (30) day period beginning on the date of posting of the notice of availability in the Florida Administrative Register; and,

(h) Conclude the environmental review only after a 30-day public comment period has expired without receipt of comments about adverse environmental impacts or if, after receipt of such comments, the Department takes action to:

1. Confirm the original decision,

2. Require additional analysis and environmental enhancement as a condition of confirmation of the original decision, or

3. Rescind the original decision.

(5) Florida Reaffirmation Notice (FRAN). A FRAN shall be used to establish the Department’s continuing intention to make funds available for unimplemented projects, the planning for which was previously documented as accepted by the Department in a FCEN, FFONSI, FROD, or analogous documents issued by EPA, or amendments to any of the foregoing that are no longer valid after five (5) years have elapsed since issuance. In issuing a FRAN, the Department shall:

(a) State the findings being reaffirmed.

(b) Consider public comments about changed conditions altering the environmental impacts since the previous FCEN, FFONSI, FROD, or analogous documents issued by EPA, or amendments to any of the foregoing. Comments shall be considered if received during the thirty (30) day period beginning on the date of posting of the notice of availability of the FRAN in the Florida Administrative Register.

(c) Conclude the environmental review only after the public comment period has expired; and,

1. No information is received about changed conditions resulting in adverse environmental impacts,

2. Information is received about changed conditions resulting in adverse environmental impacts and one of the following occurs:

a. The objections are resolved,

b. A re-evaluation of the project is made as a result of the comments and the Department confirms the original decision or requires environmental enhancement measures before implementing the project, or

c. The FRAN is rescinded.

(6) State Clearinghouse. Project planning documentation shall be submitted to the State Clearinghouse for review in accordance with Section 403.061(42), F.S. All comments resulting from this review shall be addressed by the Department prior to its approval of the planning documentation. Projects that meet FCEN criteria, as given in paragraph 62-503.751(2)(b), F.A.C. above, shall be exempt from a planning document review by the State Clearinghouse.

(7) Project Revision Memoranda (PRM). For a project that requires modifications to the selected alternative that do not alter its environmental effects, a PRM shall be written by the Department to document the changes.

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835 FS. History–New 7-29-04, Amended 4-22-14, 3-9-22.

Fla. Admin. Code R. 62-503.800 Audits Required

(1) Federal or State Audit Required.

(a) In the event that the project sponsor expends more than the federal audit threshold in federal awards in its fiscal year, the project sponsor must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F, Appendix XI Compliance Supplement, June 2019, hereby adopted and incorporated by reference. This document is available from the Department’s Clean Water State Revolving Fund Program, 3900 Commonwealth Blvd., MS 3505, Tallahassee, Florida 32399-3000 or electronic versions are available at http://www.whitehouse.gov/wp-content/uploads/2019/07/2-CFR_Part-200_Appendix-XI_Compliance-Supplement_2019_FINAL_07.01.19.pdf or at http://www.flrules.org/Gateway/reference.asp?No=Ref-14076.

(b) Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, imposes audit requirements on the project sponsor and sub-recipients based on designated thresholds for expenditures. Each agreement entered into pursuant to this rule chapter shall include the audit requirements applicable to the project at the time the agreement is executed.

(2) Pursuant to Section 215.97, F.S., the State is authorized to conduct an audit within five (5) years following project closeout if loan compliance problems have been noted; record keeping deficiencies are noted during close-out; the project involves unusual or questioned costs; or other justification for conducting the audit becomes apparent.

(a) The Department shall give the project sponsor advance notice of any audit.

(b) The Department shall prepare a written report on each audit and shall provide a copy of the report to the project sponsor. The project sponsor must respond, in writing, to the findings and recommendations within 30 days after receipt of a written request from the Department.

History

• Rulemaking Authority 403.1835(10), 403.1837(9) FS. Law Implemented 403.1835, 215.97 FS. History–New 4-17-89, Amended 12-4-91, 2-23-94, Formerly 17-503.800, Amended 1-4-98, 2-6-02, 7-29-04, 4-22-14, 3-9-22.

Fla. Admin. Code R. 62-503.850 Exceptions to Program Requirements

(1) The Department shall consider a request for an exception to the requirements of this chapter if the exception does not conflict with state or federal law or federal regulations.

(2) A request for exceptions must contain the following information:

(a) The name of the project sponsor; project number; award date, application date, and the assistance amount involved.

(b) The specific rule to which an exception is requested.

(c) A complete description of what the exception would accomplish and justification for the exception.

(d) A statement of whether the same or a similar exception previously has been sought; and, if so, an explanation of the reason for that request and the outcome.

(e) A demonstration that compliance with the specified rules is unnecessary for abatement of pollution and protection of public health.

(f) A demonstration that the economic, social, and environmental costs of compliance exceed the economic, social, and environmental benefits of compliance.

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835 FS. History–New 4-17-89, Formerly 17-503.850, Amended 7-29-04, 4-22-14.

Chapter 62-505 SMALL COMMUNITY WASTEWATER FACILITIES GRANTS

Fla. Admin. Code R. 62-505.100 Scope

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835(3)(d), 403.1838 FS. History–New 1-25-07, Repealed 2-16-12.

Fla. Admin. Code R. 62-505.200 Definitions

For the purposes of this rule, the definitions to be used in Chapter 62-505, F.A.C., are those set forth in Rule 62-503.200, F.A.C. In addition to the definitions set forth in Rule 62-503.200, F.A.C., the following definitions apply:

(1) “Construction grant” means the grant amount that will be incorporated in a State Revolving Fund construction loan.

(2) “Design grant” means the grant amount that will be incorporated in a State Revolving Fund design loan.

(3) “Planning grant” means the grant amount that will be incorporated in a State Revolving Fund Planning loan.

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835, 403.1838 FS. History–New 11-30-98, Amended 7-22-99, 1-25-07, 8-30-07, 10-27-16.

Fla. Admin. Code R. 62-505.300 General Program Information

(1) Eligibility and Availability.

(a) To be eligible for funding under this chapter, the project sponsor must be a “financially disadvantaged small community” as defined in Section 403.1838(2), F.S.

(b) Funding under this chapter is available in the form of grants at the planning, design, and construction phases of a project as well as for inflow/infiltration projects. Projects shall compete separately for grant funding at each project phase; a project that obtains grant funding at one project phase is not guaranteed funding at any other project phase.

(c) Grants under this chapter are available only for project phases that have received a State Revolving Fund loan under Chapter 62-503, F.A.C. The planning, design, construction, and procurement requirements of subsections 62-503.700(2) through (6), F.A.C., and the environmental review requirements of Rule 62-503.751, F.A.C., shall be met for all projects funded under this chapter.

(d) Grants under this chapter are available at the construction phase of a project only if the project sponsor adopts and implements, prior to the final disbursement of the associated State Revolving Fund construction loan, an asset management plan that meets all requirements of subsection 62-503.700(7), F.A.C.

(e) A project sponsor may have only one active grant under this chapter or one active State Revolving Fund loan with principal forgiveness under Chapter 62-503, F.A.C. A project sponsor may not have both an active grant under this chapter and an active State Revolving Fund loan with principal forgiveness under Chapter 62-503, F.A.C. A grant or loan shall be considered active until the final disbursement has been paid by the Department. The Department shall consider a request for an exception to the requirements of this paragraph when the request meets the requirements of Rule 62-503.850, F.A.C.

(2) Steps involved in obtaining a Small Community Wastewater Facility Grant:

(a) Request for Inclusion. The project sponsor shall submit to the Department a completed Request for Inclusion form as provided for under subsection 62-503.200(30), F.A.C., for a State Revolving Fund loan to establish project ranking as outlined in Rule 62-503.300, F.A.C., and to determine if grant assistance is available for the project. A Request for Inclusion form shall be submitted separately for the planning, design, and construction phases of a project.

1. The Department shall review each Request for Inclusion to verify eligibility and the accuracy of the information provided.

2. Additional information shall be requested by the Department when the data provided by the project sponsor are incomplete or unclear.

(b) Documentation required for consideration at a priority list public meeting. To be considered at a priority list public meeting, the project sponsor shall have postmarked or delivered to the Department all required documentation no later than 45 days prior to the priority list public meeting and shall have responded to all Department comments related to the required documentation by submitting complete responses to the Department at least 15 days prior to the priority list public meeting. The required documentation for grants is the same as the required documentation from paragraph 62-503.300(1)(b), F.A.C., for State Revolving Fund (SRF) loans under Chapter 62-503, F.A.C. In addition the following also shall apply:

1. The project sponsor shall notify the Department that a grant is being requested.

2. The Department shall notify the project sponsor if the project qualifies for grant assistance, and if so, what the estimated grant percentage will be.

3. The project sponsor shall notify the Department of its intentions with regards to proceeding with the project.

4. If the project sponsor elects to proceed with the project, the project shall compete for funding at the next priority list public meeting based on priority score.

(c) Priority system. Timely submitted projects shall be given a final priority score as follows:

1. Base priority score. Each grant project shall receive a base priority score (BPS). The BPS shall be determined by the scoring method established in subparagraphs 62-503.300(1)(e)1. through 62-503.300(1)(e)4., F.A.C.

2. Negative population trend. If the population of the sponsor of the project has decreased by more than 20% between the most recent and the previous decennial census, then an additional 25 points shall be added to the BPS.

3. End of useful life. The BPS shall be increased by 25 points if the project replaces any component that has exceeded its maximum expected useful life as determined using the upper end of the useful life ranges listed in subsection 62-503.200(36), F.A.C.

(d) Development of Priority List. The Department shall rank projects in final priority score order with the highest score at the top of the priority list. Once the available grant funds have been determined for the fiscal year, grant funding is assigned to projects, moving down the priority list, until all projects have been assigned grant funds or until the available grant funds are exhausted. Projects that have the same final priority score shall be further ranked by the project’s affordability index, where projects with a lower affordability index will be ranked above those projects with a higher affordability index. After the ranking of projects, the proposed priority list shall be posted on the Department’s website not later than 14 days before the priority list public meeting.

(e) Priority List Public Meeting.

1. The Department shall identify the amount of grant funds available.

2. The priority list shall be adopted at a public meeting conducted in accordance with paragraph 62-503.300(1)(c), F.A.C.

(f) Grant Application and Agreement. The failure to submit a State Revolving Fund (SRF) loan application or execute an SRF loan agreement within the timeframes listed in paragraphs 62-503.430(1)(a) and (c), F.A.C., will result in the project being removed from the priority list. After removal, the project sponsor must successfully compete for funding at a subsequent priority list public meeting in order to retain the grant funding.

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835, 403.1838 FS. History–New 11-30-98, Amended 7-22-99, 1-25-07, 8-30-07, 10-27-16.

Fla. Admin. Code R. 62-505.350 Grant Funding

(1) Allowable project costs. Categories of allowable project costs include wastewater pollution control activities identified in paragraphs 62-503.300(2)(b) through (o), F.A.C., excluding all costs for land.

(2) Ineligible project costs. Ineligible project costs include the following:

(a) Acquiring all or part of existing wastewater management facilities.

(b) Project facilities or services for which the planning, design, construction or procurement requirements of Rule 62-503.700, F.A.C., are not met.

(c) Project facilities or activities not included within the Department-approved project scope.

(d) Costs for the project sponsor’s personnel in constructing project facilities or costs for construction performed by a construction manager at risk.

(e) Costs incurred after the Department conducts the project closeout, which documents project completion, final project costs, and adequacy of the sponsor’s project files.

(f) All costs for land, including costs for acquisition of sewer rights-of-way, sewage treatment plant sites, land necessary for and integral to the treatment process or for ultimate disposal of wastewater, including sanitary landfills.

(g) Service connections on private property.

(h) Any part of a project intended to serve future growth.

(i) Costs reimbursed by other grants or other funding sources.

(j) Costs incurred before the adoption of the project on the fundable portion of the priority list public meeting.

(k) Any other cost not listed as allowable under subsection (1), above.

(3) The amount of the grant and the terms of the State Revolving Fund (SRF) loan repayment shall be incorporated into the project sponsor’s SRF loan agreement. The total grant amount will be transferred to the loan on or before the date of the first loan repayment.

(4) Grant amount.

(a) Each grant shall be limited to no more than 25% of the available funds for that fiscal year.

(b) The grant amount is a percentage of the eligible project cost remaining after financial assistance from other sources has been deducted and is subject to the limitations in Rule 62-505.350, F.A.C.

(5) Grant percentages.

(a) Planning grant percentage. The grant percentage shall be 50%.

(b) Design grant percentage. The base grant percentage shall be 70%. If the affordability index associated with the project is less than 65, then an additional 20% is added to the base grant percentage. If the affordability index associated with the project is greater than or equal to 65 but less than 100, then an additional 10% is added to the base grant percentage.

(c) Construction grant percentage. The base grant percentage shall be 70%. If the affordability index associated with the project is less than 65, then an additional 20% is added to the base grant percentage. If the affordability index associated with the project is greater than or equal to 65 but less than 100, then an additional 10% is added to the base grant percentage. All of the aforementioned grant percentages in this paragraph are predicated upon the project sponsor adopting and implementing an asset management plan that meets all of the requirements in subsection 62-503.700(7), F.A.C. Failure to adopt and implement such an asset management plan prior to the final disbursement of the associated State Revolving Fund construction loan will reduce the construction grant percentage to 0%.

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835, 403.1838 FS. History–New 11-30-98, Amended 1-25-07, 8-30-07, 10-27-16.

Fla. Admin. Code R. 62-505.360 Rural Hardship Community Grant Funding

History

• Rulemaking Authority 403.1838(3)(a), (b) FS. Law Implemented 403.1835, 403.1838 FS. History–New 11-30-98, Repealed 1-25-07.

Fla. Admin. Code R. 62-505.420 Project Allowances

History

• Rulemaking Authority 403.1838(3)(a), (b) FS. Law Implemented 403.1835, 403.1838 FS. History–New 11-30-98, Amended 1-25-07.

Fla. Admin. Code R. 62-505.600 Priority List Information

History

• Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835 FS. History–New 11-30-98, Amended 1-25-07, 8-30-07, Repealed 10-27-16.

Fla. Admin. Code R. 62-505.650 Priority Determination

History

• Rulemaking Authority 403.1835(7), 403.1838(3)(a), (b) FS. Law Implemented 403.1835, 403.1838 FS. History–New 11-30-98, Amended 7-22-99, Repealed 1-25-07.

Fla. Admin. Code R. 62-505.655 Ranking Projects for Priority List Development

History

• Rulemaking Authority 403.1838(3)(a), (b) FS. Law Implemented 403.1835, 403.1838, 403.804 FS. History–New 11-30-98, Repealed 1-25-07.

Fla. Admin. Code R. 62-505.680 Priority List Management

History

• Rulemaking Authority 403.1838(3)(a), (b) FS. Law Implemented 403.804, 403.1835, 403.1838 FS. History–New 11-30-98, Repealed 1-25-07.

Fla. Admin. Code R. 62-505.700 Planning, Design, Construction, and Procurement Requirements

History

• Rulemaking Authority 403.1838(3)(a), (b) FS. Law Implemented 403.1835, 403.1838 FS. History–New 11-30-98, Amended 1-25-07, Repealed 10-27-16.

Fla. Admin. Code R. 62-505.750 Environmental Review

History

• Rulemaking Authority 403.1838 FS. Law Implemented 403.1835 FS. History–New 1-25-07, Repealed 10-27-16.

Fla. Admin. Code R. 62-505.800 Audit Required

History

• Rulemaking Authority 403.1838(3)(a), (b) FS. Law Implemented 403.1835, 403.1838 FS. History–New 11-30-98, Amended 1-25-07, Repealed 10-27-16.

Fla. Admin. Code R. 62-505.850 Exception to Program Requirements

History

• Rulemaking Authority 403.1838(3)(a), (b) FS. Law Implemented 403.1835, 403.1838 FS. History–New 1-25-07, Repealed 2-16-12.

Chapter 62-520 GROUND WATER CLASSES, STANDARDS, AND EXEMPTIONS

Fla. Admin. Code R. 62-520.200 Definitions for Ground Water

(1) “Acute Toxicity” shall have the same meaning as provided in subsection 62-302.200(1), F.A.C.

(2) “Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells, springs or surface water.

(3) “Background” means the condition of waters in the absence of the activity or discharge under consideration, based on the best scientific information available to the Department.

(4) “Commission” means the Environmental Regulation Commission.

(5) “Confined Aquifer” means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself.

(6) “Department” means the Department of Environmental Protection.

(7) “Designated Use” means the present and future most beneficial use of a body of water as designated by the Environmental Regulation Commission by means of the classification system contained in this chapter.

(8) “Effluent” means either domestic effluent or industrial effluent and has the same definition as effluent in Rule 62-600.200 or 62-660.200, F.A.C.

(9) “Effluent Limitation” means any restriction established by the Department on quantities, rates or concentrations of chemical, physical, biological or other constituents that are discharged from sources into waters of the State.

(10) “Existing Installation” means, for the purposes of this chapter, any installation which had filed a complete application for a water discharge permit on or before January 1, 1983, or which submitted a ground water monitoring plan no later than six months after the date required for that type of installation as listed in former Rule 17-4.245, F.A.C. (1983), and a plan was subsequently approved by the Department; or which was in fact an installation reasonably expected to release contaminants into the ground water on or before July 1, 1982, and operated consistently with statutes and rules relating to ground water discharge in effect at the time of the operation.

(a) The chart in paragraph (b), below, contains the types of discharge and the dates in former Rule 17-4.245, F.A.C. (1983), by which a written ground water monitoring plan was required to be submitted to the Department.

(b) Monitoring Plan Deadlines:

Organic Waste

January 1983

Inorganic Waste

April 1983

Landfills (domestic and industrial)

May 1983

Industrial Septic Tanks

August 1983

Pulp and Paper

August 1983

Phosphogypsum Stacks and Ponds

September 1983

Laundries

October 1983

Oil and Gas Producers

December 1983

Citrus

December 1983

Food and Beverages

January 1984

Domestic Waste

February 1984

Power Plants

February 1984

Mining and Materials

March 1984

Others

March 1984

(11) “Extractable Semivolatile Organics” means any number of synthetic organic compounds that are isolated using an organic solvent and analyzed by chromatographic techniques (gas or liquid).

(12) “Ground Water” means water beneath the surface of the ground within a zone of saturation, whether or not flowing through known and definite channels.

(13) “Installation” means any structure, equipment, facility, or appurtenances thereto, operation or activity that may be a source of pollution.

(14) “Natural Background” means the condition of waters in the absence of man-induced alterations based on the best scientific information available to the Department. The establishment of natural background may be based on historical pre-alteration data.

(15) “Pollution” means the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of air or water in quantities or levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, including outdoor recreation.

(16) “Reclaimed water” means the same as defined in Rule 62-600.200, F.A.C.

(17) “Secretary” means the Secretary of the Department.

(18) “Single Source Aquifer” means an aquifer or a portion of an aquifer which, pursuant to subsections 62-520.410(5) and (6), F.A.C., is determined by the Commission to be the only reasonably available source of potable water to a significant segment of the population.

(19) “Site” means the area within an installation’s property boundary where wastes or reclaimed water are released or applied to the ground water.

(20) “Spring” means a point where ground water emerges onto the earth’s surface, including under any surface water of the state, excluding seeps. The term “spring” shall include karst windows, a depression opening that reveals portions of a subterranean flow or the unroofed portion of a cave.

(21) “Surface Water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.

(22) “Unconfined Aquifer” means an aquifer that has a water table.

(23) “Volatile Organics” means any number of compounds listed in analytical methods that use a purge and trap technique for sample introduction.

(24) “Wastes” means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances that may pollute or tend to pollute any waters of the State.

(25) “Waters” include, but are not limited to, rivers, lakes, streams, springs, impoundments, and all other waters or bodies of water, including fresh, brackish, saline, tidal, surface or underground waters. Waters owned entirely by one person other than the state are included only in regard to possible discharge on other property or water. Underground waters include, but are not limited to, all underground waters passing through pores of rock or soils or flowing through in channels, whether manmade or natural.

(26) “Water Table” means the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone.

(27) “Zone of Discharge” means a volume underlying or surrounding the site and extending to the base of a specifically designated aquifer or aquifers, within which an opportunity for the treatment, mixture or dispersion of wastes into receiving ground water is afforded.

(28) “Zone of Saturation” means a subsurface zone in which all of the interstices are filled with water.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-520.200, Amended 7-12-09.

Fla. Admin. Code R. 62-520.300 Purpose and Intent for Ground Water

(1) Purpose.

(a) Article II, Section 7 of the Florida Constitution requires abatement of water pollution and conservation and protection of Florida’s natural resources.

(b) The present and future most beneficial uses of all ground waters of the state have been designated by the Department by means of the classification system set forth in this chapter in accordance with Section 403.061(10), F.S. Water quality standards are established by the Department to protect these designated uses.

(c) Because activities outside the state sometimes cause pollution of Florida’s waters, the Department will make every reasonable effort to have such pollution abated.

(d) Water quality standards apply equally to and shall be uniformly enforced in both the public and private sector.

(e) “Public interest” shall not be construed to mean only those activities conducted solely to provide facilities or benefits to the general public. Private activities conducted for private purposes may also be in the public interest.

(f) The Department shall use the best environmental information available when making decisions on the effects of chronically and acutely toxic substances and carcinogenic, mutagenic, and teratogenic substances. Additionally, the Department shall encourage innovative research and development in waste treatment alternatives that might better preserve environmental quality and reduces the energy and dollar costs of operation.

(g) The present and future most beneficial uses of ground waters of the state shall be protected to ensure the availability and utility of this invaluable resource. To achieve such protection, the ground waters of the state are classified and appropriate water quality criteria for those classes are set forth in this chapter.

(h) The criteria set forth in this chapter are minimum levels that are necessary to protect the designated use of ground waters. Permit applicants shall not be penalized because of a low detection limit associated with any specific criterion.

(2) History of Intent.

(a) The Department rules that were adopted on March 1, 1979, regarding water quality standards are designed to protect public health or welfare and to enhance the quality of waters of the state. They have been established taking into consideration the use and value of waters of the state for public water supply, agricultural, industrial, and other purposes.

(b) The Department rules that were adopted on March 1, 1979, regarding water quality standards are based upon the best scientific knowledge related to the protection of the various designated uses of waters of the state.

(c) The zone of discharge and exemption provisions are designed to provide an opportunity for the future consideration of factors relating to localized situations which could not adequately be addressed in the rulemaking hearing of March 1, 1979, including economic and social consequences, attainability, irretrievable conditions, natural background, and detectability.

(d) Paragraphs (a) through (c), encompass an even-handed and balanced approach to attainment of water quality objectives. The Commission specifically recognized that the social, economic, and environmental costs may, under certain circumstances, outweigh the social, economic, and environmental benefits if the numerical criteria are enforced statewide. It is for that reason that the Commission provided for zones of discharge, exemptions, and other provisions in chapters of Title 62, F.A.C. Furthermore, the continued availability of moderating provisions is a vital factor providing a basis for the Commission’s determination that water quality standards applicable to ground water classes in this chapter are attainable, taking into consideration environmental, technological, social, economic, and institutional factors. The companion provisions of Chapter 17-4 (now in Chapter 62-520, F.A.C.) and 17-6 (now in Chapters 62-600, 62-601, 62-610, 62-611, 62-660 and 62-670, F.A.C.), F.A.C., originally approved simultaneously with the water quality standards contained in this chapter are a substantive part of the state’s comprehensive program for the control, abatement, and prevention of water pollution.

(e) Without the moderating provisions described in paragraph (c), above, the Commission would not have adopted the revisions described in (b), above, nor determined that they were attainable as generally applicable water quality standards.

(3) The Commission, recognizing the complexity of water quality management and the necessity to temper regulatory actions with the technological progress and the social and economic well-being of people, urges, however, that there be no compromise where discharges of pollutants constitute a valid hazard to human health.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.502, 403.702 FS. History–Formerly 17-3.071, Amended and Renumbered 1-1-83, Formerly 17-3.401, Amended 9-8-92, 4-14-94, Formerly 17-520.300, Amended 12-9-96, 7-12-09.

Fla. Admin. Code R. 62-520.310 General Provisions for Ground Water

(1) A violation of any ground water standard or criterion contained in this chapter constitutes pollution.

(2) Notwithstanding the classification and criteria for ground water set forth in this chapter, discharge to ground water shall not impair the designated use of contiguous surface waters.

(3) In addition to any technology-based effluent limitations required by Department rule, the Department shall also specify water quality-based effluent limitations when necessary to assure that water quality criteria will be met.

(4) This chapter contains the ground water provisions generally applicable unless other rule chapters for specific types of installations have other requirements for ground water discharges applicable to those installations.

(5) Compliance with ground water standards shall be determined by analyses of unfiltered ground water samples, unless a filtered sample is as or more representative of the particular ground water quality, as described in the Department’s technical document, “Determining Representative Ground Water Samples, Filtered or Unfiltered,” January 1994, hereby incorporated and adopted as a reference. This document is available from the Department’s Bureau of Water Facilities Regulation, MS 3580, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(6) For owners of an existing installation, compliance with the minimum criteria set forth in Rule 62-520.400, F.A.C., shall be determined by analysis of the constituents of the waste stream of the installation causing the discharge; provided, however, that the installation owner may, at his option, place a monitoring well immediately outside the site boundary to measure compliance with the minimum criteria, as long as the discharge poses no danger to the public health, safety or welfare.

(7) Unless exempted by Rule 62-520.500, 62-520.510 or 62-520.520, F.A.C., no installation shall directly or indirectly discharge into ground water any contaminant that causes a violation of the water quality standards or minimum criteria for the receiving ground water as established in this chapter, except within a zone of discharge established by permit or Rule 62-520.465, F.A.C.

(8) Zones of discharge shall be allowed for projects or facilities that allow direct contact with ground water listed in paragraphs (a) through (c), below, and that provide beneficial discharges through wells to ground water as described herein or in the cited rules.

(a) Projects designed to recharge aquifers with surface water of comparable quality, or projects designed to transfer water across or between aquifers of comparable quality for the purpose of storage or conservation;

(b) Facilities permitted under Rule 62-610.466, F.A.C., for aquifer storage and recovery of reclaimed water, subsection 62-610.560(3), F.A.C., for ground water recharge by injection of reclaimed water, or subsection 62-610.562(4), F.A.C., for creation of salinity barrier systems by injection of reclaimed water; and,

(c) Department-approved aquifer remediation projects that use Class V, Group 4, underground injection control wells as described in paragraph 62-528.600(2)(d), F.A.C. A zone of discharge shall be allowed for the primary standards for ground water for closed-loop re-injection systems and for the prime constituents of the reagents used to remediate site contaminants, and for the secondary standards for ground water, as specified in a Department-approved remedial action plan that addresses the duration and size of the zone of discharge, and ground water monitoring requirements.

(9) Other discharges through wells or sinkholes that allow direct contact with Class G-I, Class F-I, or Class G-II ground water shall not be allowed a zone of discharge.

(10) Discharges that may cause an imminent hazard to the public or the environment through contamination of underground supplies of drinking water or surface water affected by the ground water because of the proximity and nature of the contaminants, shall not be allowed a zone of discharge.

(11) Installations operated to render water fit for human consumption and that dispose of non-hazardous concentrates from membrane separation technologies, such as reverse osmosis, membrane softening, ultra-filtration, and electrodialysis, through land application operations are exempt from meeting the primary and secondary drinking water standards, provided the applicant demonstrates that the receiving unconfined aquifer exhibits a natural background total dissolved solids concentration exceeding 1500 mg/L. Installations discharging to such aquifers shall not cause a violation of primary or secondary drinking water standards at any private or public water supply well outside of the installation’s property boundary.

(12) It is the intent of the Department whenever possible to incorporate ground water discharge considerations into other Department permits as appropriate, and not to require a separate permit for discharges to ground water. However, any published notice of proposed agency action on an application for a permit shall contain notice, when appropriate, that ground water considerations are being incorporated into such permits.

(13) The purpose of monitoring is to ensure that the permitting of zones of discharge, or the granting of exemptions, will not cause a violation of ground water standards. Ground water monitoring is intended to allow predictions to be made of the movement and composition of the discharge plume and compliance with applicable state ground water standards at the boundary of the zone of discharge. Efforts shall be made to minimize the number and cost of monitoring wells, consistent with the ability to obtain useful and reliable information.

(14) Existing installations discharging to Class G-II ground water are exempt from compliance with secondary standards outside of a zone of discharge obtained by Department permit or rule, except where compliance is required under Rule 62-520.520, F.A.C.

History

• Rulemaking Authority 403.061, 403.087 F.S. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.502, 403.702 FS. History–New 7-12-09.

Fla. Admin. Code R. 62-520.400 Minimum Criteria for Ground Water

(1) All ground water shall at all places and at all times be free from domestic, industrial, agricultural, or other man-induced non-thermal components of discharges in concentrations which, alone or in combination with other substances, or components of discharges (whether thermal or non-thermal):

(a) Are harmful to plants, animals, or organisms that are native to the soil and responsible for treatment or stabilization of the discharge relied upon by Department permits, or

(b) Are carcinogenic, mutagenic, teratogenic, or toxic to human beings, unless specific criteria are established for such components in Rule 62-520.420, F.A.C., or

(c) Are acutely toxic within surface waters affected by the ground water, or

(d) Pose a serious danger to the public health, safety, or welfare, or

(e) Create or constitute a nuisance, or

(f) Impair the reasonable and beneficial use of adjacent waters.

(2) The minimum criteria shall not apply to Class G-IV ground water, unless the Department determines there is a danger to the environment, public health, safety or welfare.

(3) The following procedures shall apply in the implementation of paragraph (1)(b), above:

(a) The Secretary is authorized to make determinations, in individual permitting or enforcement proceedings, that a particular level for a substance is a prohibited concentration in violation of a minimum criterion pursuant to paragraph (1)(b), above. This determination may not be delegated to Department districts.

(b) Any notice of proposed agency action published pursuant to Rule 62-110.106, F.A.C., which contains such a determination shall include notification of the particular substance and prohibited concentration level being proposed. The notice shall be submitted to the Florida Administrative Register at the time it is sent to the permit applicant for publication.

(c) The Department shall notify the Commission semiannually of every application of a determination to a discharger made by the Secretary during the preceding six months pursuant to paragraph (a), above, for any constituent and concentration level not adopted by the Commission as a rule. The notification shall identify the discharger(s) to whom the application of a determination has been made, the type of industry, the constituent and concentration level set and a summary of the basis for the determination. At the written request of the Commission or any substantially affected member of the public, the Department shall, within 120 days of the written request, submit to the Florida Administrative Register a notice of rulemaking pursuant to Section 120.54, F.S., on the determination for the particular constituent and concentration level that is the subject of a notification in the preceding sentence.

(d) The application of the determination under paragraph (a), to the permittee or to other affected dischargers shall be subject to:

1. Modification where necessary to conform to any final rulemaking action of the Commission under paragraph (c), above, or

2. Withdrawal if the Commission elects not to adopt a corresponding rule after initiation of rulemaking for the constituent under paragraph (c), above.

(e) The notice procedures contained in subsection (3), shall not act as a stay of Department enforcement proceedings.

(f) Once a particular standard for a criterion is established by the Commission, it shall be listed in this section.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History–Formerly 17-3.051, Amended and Renumbered 1-1-83, Formerly 17-3.402, Amended 9-8-92, 4-14-94, Formerly 17-520.400.

Fla. Admin. Code R. 62-520.410 Classification of Ground Water, Usage, Reclassification

(1) All ground water of the State is classified according to designated uses as follows:

CLASS F-I

Potable water use, ground water in a single source aquifer described in Rule 62-520.460, F.A.C., with a total dissolved solids content of less than 3,000 mg/L and was specifically reclassified as Class F-I by the Commission.

CLASS G-I

Potable water use, ground water in a single source aquifer that has a total dissolved solids content of less than 3,000 mg/L and was specifically reclassified by the Commission.

CLASS G-II

Potable water use, ground water in aquifers with a total dissolved solids content of less than 10,000 mg/L, unless otherwise classified by the Commission.

CLASS G-III

Non-potable water use, ground water in unconfined aquifers with a total dissolved solids content of 10,000 mg/L or greater; or with a total dissolved solids content of 3,000-10,000 mg/L and either has been reclassified by the Commission as having no reasonable potential as a future source of drinking water, or has been designated by the Department as an exempted aquifer pursuant to subsection 62-528.300(3), F.A.C.

CLASS G-IV

Non-potable water use, ground water in confined aquifers with a total dissolved solids content of 10,000 mg/L or greater.

(2) It shall be the Department policy to afford the highest protection to single source aquifers. Upon petition by an affected party as provided in subsection (6), the Commission may reclassify aquifers or portions of aquifers as Class G-I ground water.

(3) The specific water quality criteria corresponding to each ground water classification are listed in Rules 62-520.420 to 62-520.460, F.A.C.

(4) Ground water quality classifications are arranged in order of the degree of protection required, with Class G-I and F-I ground water requiring generally the most stringent water quality criteria and Class G-IV the least.

(5) Reclassification of ground water as provided in subsection (1), above, shall be accomplished in the following manner:

(a) Any substantially affected person or a water management district may seek reclassification of any ground water of the State by filing a petition with the Department’s agency clerk in the Office of General Counsel, MS 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. In addition, the Department, may seek reclassification by initiating rulemaking under Section 120.54, F.S.

(b) A petition for reclassification shall contain the information necessary to support the affirmative findings required in this rule.

(c) Before any ground water can be reclassified:

1. If a petition for reclassification is the impetus for such reclassification, the Department shall provide the petitioner with the public notice to be published, at least 21 days before the Environmental Regulation Commission’s rule adoption public hearing, in the legal advertising section of a newspaper of general circulation in the area of the proposed reclassified ground water.

2. If the Department seeks reclassification without a petition being filed, the Department shall provide for newspaper publication as described above.

3. In addition, the Department, through its rulemaking notice, shall publish the proposed rule as required under Chapter 120, F.S., and the Department will provide written notification to local governments whose jurisdiction overlies any portion of the ground water proposed to be reclassified.

(d) Reclassification of ground water of the State shall be adopted only upon affirmative findings by the Commission that:

1. The proposed reclassification will establish the present and future most beneficial use of the ground water,

2. Such a reclassification is clearly in the public interest; and,

3. The proposed designated use is attainable, upon consideration of environmental, water quality, technological, social, economic, and institutional factors.

(6) In addition to the procedures in subsection (5), above, the following procedure shall be used to designate single source aquifers:

(a) Rulemaking procedures pursuant to Rule 62-110.103, F.A.C., shall be followed;

(b) At least one fact-finding workshop shall be held in the affected area;

(c) All local, county, or municipal governments, water management districts, and state legislators whose districts or jurisdictions include all or part of a proposed single source aquifer shall be notified in writing by the Department at least 60 days prior to the workshop;

(d) A prominent public notice shall be placed in a newspaper, or newspapers if a large area is to be designated, of general circulation in the area of the proposed single source aquifer at least 60 days prior to the workshop;

(e) The Commission may reclassify an aquifer or portion of an aquifer as a single source aquifer within specified boundaries upon the affirmative finding that:

1. The aquifer or portion of the aquifer is the only reasonably available source of potable water to a significant segment of the population; and,

2. The designated use is attainable, upon consideration of environmental, technological, water quality, institutional, social, and economic factors.

(f) When making the finding required by paragraph (6)(e), above, the Commission must specifically consider, upon presentation of any competent evidence at the hearing, the following:

1. Other sources of potable water which could be used and the costs of developing these sources; and,

2. The long term adequacy of the ground water aquifer to supply expected future demands if other sources are not developed; and,

3. Potential adverse effects from continued consumption of water from the aquifer if G-I classification does not occur; and,

4. Potential adverse effects on existing and potential discharges to the affected ground water if G-I classification occurs.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History–Formerly 28-5.06, 17-3.06, 17-3.081, Amended and Renumbered 1-1-83, Formerly 17-3.403, Amended 9-8-92, Formerly 17-520.410, Amended 7-12-09.

Fla. Admin. Code R. 62-520.420 Standards for Class G-I and Class G-II Ground Water

(1) In addition to the minimum criteria in Rule 62-520.400, F.A.C., the primary and secondary drinking water quality standards for public water systems established pursuant to the Florida Safe Drinking Water Act, which are listed in Rules 62-550.310 and 62-550.320, F.A.C., shall apply to Class G-I and Class G-II ground water. Exceptions are for existing installations not having to meet secondary standards as provided in Rule 62-520.520, F.A.C., and subsection (4), below; that the total coliform bacteria standard shall be 4 per 100 milliliters; and that the primary drinking water standard for public drinking water systems for asbestos shall not apply as a ground water standard.

(2) If the concentration for any constituent listed in subsection (1), above, in the natural background quality of the ground water is greater than the stated maximum, or in the case of pH is also less than the minimum, the representative natural background quality shall be the prevailing standard for Class G-I and Class G-II ground water.

(3) Where natural background quality of the ground water cannot be determined in the upgradient well, and the concentration for any constituent listed in subsection (1), above, in the background quality of the ground water is greater than the stated maximum, or for pH is also less than the minimum, the representative background quality shall be the prevailing standard for those installations.

(4) These primary and secondary standards shall not apply within a zone of discharge as provided in Rule 62-520.465, F.A.C. The minimum criteria specified in Rule 62-520.400, F.A.C., shall apply within the zone of discharge.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–Formerly 17-3.101, Amended and Renumbered 1-1-83, Formerly 17-3.404, Amended 9-8-92, 10-6-92, 4-14-94, Formerly 17-520.420, Amended 7-12-09.

Fla. Admin. Code R. 62-520.430 Standards for Class G-III Ground Water

(1) The minimum criteria established in Rule 62-520.400, F.A.C., shall apply to all Class G-III ground water except as provided in subsection (2), below.

(2) The minimum criteria shall not apply to an underground injection facility that has received an aquifer exemption pursuant to subsection 62-528.300(3), F.A.C., unless there is danger to the environment, public health, safety, or welfare. The minimum criteria shall apply to all other facilities discharging to an exempted aquifer.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History–Formerly 17-3.151, Amended and Renumbered 1-1-83, Formerly 17-3.405, Amended 9-8-92, 4-14-94, Formerly 17-520.430.

Fla. Admin. Code R. 62-520.440 Standards for Class G-IV Ground Water

The Department shall specify applicable standards on a case-by-case basis for discharges to Class G-IV ground water. The minimum criteria in Rule 62-520.400, F.A.C., shall not apply unless the Department determines there is danger to the environment, public health, safety or welfare.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History–Formerly 17-3.151, Amended and Renumbered 1-1-83, Formerly 17-3.406, Amended 9-8-92, 4-14-94, Formerly 17-520.440.

Fla. Admin. Code R. 62-520.460 Class F-I Ground Water

(1) The following is classified as Class F-I ground water: The surficial aquifers in northeast Flagler County included in the area bounded on the east by the Atlantic Ocean; on the west by Intracoastal Waterway; on the north by the north line of Sections 8 and 39, Township 10 South; and on the south from a line running due east and west from a point along the east-west boundary of Sections 9 and 10, Township 11 South, where that point intersects the northern extension of the mean high water line of Fox’s Cut.

(2) The water quality standards in Rules 62-520.400 and 62-520.420, F.A.C., that apply to Class G-I and Class G-II ground water shall also apply to Class F-I.

(3) The permitting and monitoring requirements of Rules 62-522.200, 62-522.300, 62-522.500, 62-522.600 and 62-522.700, F.A.C., are applicable to Class F-I ground water, and the zones of discharge prohibitions and dimensions in Rule 62-520.461, F.A.C., shall apply.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History–New 3-4-87, Formerly 17-3.501, Amended 9-8-92, Formerly 17-520.460.

Fla. Admin. Code R. 62-520.461 Dimensions of Zones of Discharge for Class F-I Ground Water

No zone of discharge shall be allowed into Class F-I ground water, except as follows:

(1) Domestic effluent or reclaimed water and stormwater discharge sites authorized by Department permit or rule shall have zones of discharge extending no more than 100 feet from the site boundary or to the installation’s property boundary, whichever is less, unless a smaller zone of discharge is necessary to protect the designated use of adjacent waters outside the zone of discharge.

(2) Other discharge sites may be granted zones of discharge the same size as those in subsection (1), above, if the discharges meet the criteria for domestic effluent or reclaimed water in chemical, physical, and microbiological quality treated to the degree required in paragraph 62-600.420(1)(c), F.A.C.

(3) Installations authorized to discharge to ground water at the time of reclassification to F-I by the Commission shall meet the same requirements as existing installations in Class G-II ground water as described in subsection 62-522.410(1), F.A.C. However, should existing installations wish to increase the discharge volume or change the composition of the waste stream above permitted levels as of the date of F-I reclassification, the waste stream shall be distinctly separate from the existing stream and shall meet all provisions applicable to new installations discharging to Class F-I ground water as described in subsections (1) and (2), above.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History–New 3-4-87, Formerly 17-3.502, Amended 9-8-92, 4-14-94, Formerly 17-520.461.

Fla. Admin. Code R. 62-520.462 Dimensions of Zones of Discharge for Class G-I Ground Water

(1) No zone of discharge shall be allowed into Class G-I ground water, except that domestic effluent or reclaimed water and stormwater discharge sites authorized by Department permit or rule shall have zones of discharge extending no more than 100 feet from the site boundary or to the installation’s property boundary, whichever is less, unless a smaller zone of discharge is necessary to protect the designated use of adjacent waters outside the zone of discharge.

(2) Other discharge sites shall be granted zones of discharge of the same size as those in subsection (1), above, if the discharges meet the criteria for domestic effluent or reclaimed water in chemical, physical, and microbiological quality and are treated to the degree required in Rule 62-600.530, F.A.C.

(3) Installations authorized to discharge to ground water at the time of its reclassification to Class G-I by the Commission shall meet the same requirements as existing installations in G-II ground water as described in Rule 62-522.465, F.A.C. However, should such existing installations wish to increase the volume of discharge or change the composition of the waste stream above permitted levels as of the date of G-I classification, the new waste stream shall be distinctly separate from the existing stream and shall meet all provisions applicable to new installations discharging to G-I ground water as described in subsection (1) or (2), above.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.400, Formerly 62-522.400.

Fla. Admin. Code R. 62-520.465 Dimensions of Zones of Discharge for Class G-II Ground Water

Upon affirmative demonstration by an applicant or installation owner that a ground water discharge will not impair the designated uses of contiguous waters outside a zone of discharge, the Department shall establish a zone of discharge for Class G-II ground water in one of the following ways:

(1) Existing installations shall have the zone of discharge specified in the permit or extending to the owner’s property line if no zone of discharge is defined in the permit, until such time as the permit is renewed or modified as provided in Rule 62-522.500, F.A.C.

(2) A zone of discharge for any installation that is not an existing installation shall be established in accordance with paragraph (a) or (b), below, and (c), if applicable, at the applicant’s option, but the zone of discharge shall not extend beyond the property boundary:

(a) Any applicant seeking a zone of discharge and not electing to use the procedure below shall have a zone of discharge established by the Department. The boundary of the zone of discharge shall be 100 feet from the site boundary or to the installation’s property boundary, whichever is less, unless a smaller zone of discharge is necessary to protect the designated use of contiguous waters.

(b) The Department shall establish a zone of discharge larger than that provided in paragraph (a) above upon an affirmative demonstration by the applicant that:

1. The requested zone of discharge will not cause violations of applicable ground water standards in present and future potable water supplies; and,

2. The requested zone of discharge will not interfere with existing or designated uses of contiguous waters, or cause a violation of applicable surface water quality criteria of contiguous waters outside a permitted mixing zone; and,

3. The economic and social benefits of a zone of discharge of larger dimensions than those in paragraph (a), above, outweigh the economic, environmental, and social costs resulting from the larger zone of discharge.

(c) Where multiple sites occur within close proximity, a single zone of discharge for the sites may be established in the same manner as either paragraph (a) or (b), above.

(3) Unless otherwise required by Department rule, the following installations shall not be required to obtain a permit establishing a zone of discharge. These installations shall have a zone of discharge of 100 feet from the site or to the installation’s property boundary, whichever is less, unless a different zone is specified in any appropriate Department permit. If the discharge from the installation threatens to violate ground water standards at the boundary of the zone of discharge, violates minimum criteria, or otherwise threatens to impair the designated use of contiguous waters, the Department shall require the installation owner to obtain a permit that addresses the ground water discharge if the installation has none, define an appropriate zone of discharge or modify it if a permit exists, and institute appropriate monitoring plans pursuant to Rule 62-520.600, F.A.C.

(a) Agricultural fields, ditches and canals;

(b) Waste management systems for animal feeding operations exempted from permitting under Chapter 62-670, F.A.C.; and,

(c) Stormwater facilities.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.410, 62-522.410, Amended 7-12-09.

Fla. Admin. Code R. 62-520.470 Modification Procedures for Zones of Discharge or Monitoring Requirements

(1) At any time, including the time of permit renewal, the Department shall order or a permittee may petition for modification of the zone of discharge or monitoring requirements for any of the following reasons, or reasons contained in Rule 62-4.080, F.A.C.

(a) Monitoring data indicate that the discharge plume has resulted or may in the foreseeable future result in a violation of applicable water quality standards beyond the boundary of the existing zone of discharge;

(b) Continuation of the existing zone of discharge will impair the designated use of underground sources of drinking water or the surface waters immediately affected by the ground water;

(c) Continuation of the existing zone of discharge will result in an imminent threat to public health or the environment;

(d) A zone of discharge smaller than the existing zone will afford necessary protection to the water resources at a cost that is commensurate with the benefits to the public of such protection;

(e) The monitoring data provided by the installation owner are inadequate to allow a determination of compliance with applicable zone of discharge limitations, or

(f) A change in the chemical, physical, or microbiological composition, or the volume or the location of the discharge, requires a change in the zone of discharge or the monitoring scheme to assure compliance.

(2) Unless modified pursuant to subsection (1), above, a permit holder shall continue to have the same zone of discharge in the new permit. If no zone of discharge is specified in the existing permit, the new permit shall specify the boundary of the zone of discharge.

(3) If a modification is requested pursuant to subsection (1), above, a zone of discharge shall be established as follows:

(a) The zone of discharge modification described in subsection (1) above shall be based upon a showing that one or more of the conditions in paragraphs (1)(a) through (f), above, has occurred.

(b) Once the party seeking the modification has established that one or more of the conditions in paragraphs (1)(a) through (f), above has occurred, the Department shall modify the zone of discharge or monitoring requirements to assure that none of the conditions in paragraphs (1)(a) through (c), above, will continue to occur, based upon the monitoring data received from the monitoring program implemented pursuant to this chapter.

(c) No zone of discharge shall be modified to allow it to extend beyond the limits of the installation owner’s property boundary line except as provided in paragraph (d), below.

(d) An owner of an existing installation may petition the Department in writing for a permit modification to extend its zone of discharge for certain specified water quality parameters. The Department shall modify the installation’s permit to include such extension if the owner affirmatively demonstrates that conditions 1. through 4., below, are met. The permit modification procedures for an extension of a zone of discharge, including those of newspaper notice publication, shall be the same as any other permit modification procedure except that condition 5. below shall also apply.

1. The discharge shall not significantly impair any designated use of the receiving ground water, or surface water,

2. The discharge shall not in the foreseeable future result in a violation of applicable ground water standards in a currently used source of drinking water outside the zone of discharge,

3. The discharge shall not prevent persons within the proposed zone of discharge from enjoying the reasonable and beneficial use of their property,

4. The economic and social benefits of a zone of discharge extending beyond the property boundary outweigh the economic, environmental, and social costs resulting from the extended zone of discharge, taking into account the feasibility of preventative measures or corrective actions; and,

5. The permittee shall provide a copy of the petition to the property owners of the property underlain by the proposed extended zone of discharge by certified mail return receipt requested within 10 days from submitting the petition to the Department. A copy of each certified mail return receipt shall be provided to the appropriate permitting program in the Department District office where the permit was issued.

(e) If the permit modification request in paragraph (d), above, is granted, it shall be recorded in the property records of the affected parcels by the recipient of the zone of discharge permit modification.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.500, 62-522.500, Amended 7-12-09.

Fla. Admin. Code R. 62-520.500 Water Quality Criteria Exemptions for Installations Discharging Into Class G-I or G-II Ground Water

(1) In order for a specific installation to seek an exemption from water quality criteria, which include the primary and secondary standards and minimum criteria set forth in this chapter, the permittee or permit applicant must file a petition with the agency clerk in the Department’s Office of General Counsel, 3900 Commonwealth Blvd., MS 35, Tallahassee, Florida 32399-3000. The petitioner must provide the fee of $6,000.00 per parameter with the petition. The petition shall include alternative compliance levels for the parameters from which an exemption is being sought. The petitioner will be granted the exemption if the petitioner affirmatively demonstrates each of the following:

(a) Granting the exemption is clearly in the public interest;

(b) Compliance with such criteria is unnecessary for the protection of present and future potable water supplies;

(c) Granting the exemption will not interfere with existing uses or the designated use of the waters or of contiguous water;

(d) The economic, environmental, and social costs of compliance with the criteria outweigh the economic, environmental and social benefits of compliance;

(e) An adequate monitoring program approved by the Department is established to ascertain the location and approximate dimensions of the discharge plume, to detect any leakage of contaminants to other aquifers or surface waters, and to detect any adverse effect on underground geologic formations or waters; and,

(f) The exemption will not present a danger to the public health, safety or welfare.

(2) The Department shall enter an order granting the petition, denying the petition, or granting the petition in part. The Department will provide public notice of its intended action in the Florida Administrative Register along with an opportunity for an administrative hearing under Sections 120.569 and 120.57, F.S. The petitioner shall, on or about the same time that notice is published in the Florida Administrative Register, publish this same notice in a newspaper of general circulation in the area affected.

(3) If an exemption is granted, either in whole or in part, the permit shall be conditioned or modified to include the exemption. The exemption shall be effective for the duration of the permit, unless it is applied for renewal at the same time that the permit is renewed. A petition for renewal of the exemption shall follow the same procedures as would a petition for a new exemption.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-520.500, Amended 7-12-09.

Fla. Admin. Code R. 62-520.510 Water Quality Criteria Exemptions for Installations Discharging Into Class G-III and G-IV Ground Water

The procedures of Rule 62-520.500, F.A.C., apply, except that the six findings in paragraphs 62-520.500(1)(a)-(f), F.A.C., are replaced with the four findings below.

(1) The exemption is for disposal of domestic effluent or reuse of reclaimed water or industrial effluent and such discharge is clearly in the public interest;

(2) The economic, social and environmental costs of compliance with the existing criteria outweigh the economic, social and environmental benefits of compliance;

(3) Suitable technology is used for the disposal system; and,

(4) The discharge will not cause a violation of the standards for adjacent Class G-I or G-II ground water or surface waters affected by the ground water.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-520.510, Amended 7-12-09.

Fla. Admin. Code R. 62-520.520 Exemptions from Secondary Drinking Water Standards Outside a Zone of Discharge in Class G-II Ground Water

(1) An existing installation discharging to Class G-II ground water is exempt from compliance with secondary drinking water standards unless the Department determines that compliance with one or more secondary standards by such installation is necessary to protect ground water used or reasonably likely to be used as a potable water source. Such determination shall be based upon:

(a) A determination that the portion of the aquifer(s) reasonably likely to be affected by the discharge:

1. Is used as a potable water source, or

2. Is identified in a planning document as a future potable water source by a state agency, water management district, regional water supply authority, or local government, and is reasonably likely to be used as such.

(b) A site specific hydrogeologic characterization of the receiving aquifer which defines:

1. Direction and rate of ground water flow; and,

2. Depth and degree of confinement.

(c) A waste stream characterization, site specific hydrogeologic characterization, and review of monitoring data which demonstrates that the discharge is likely to cause a violation of one or more secondary standards outside the zone of discharge in:

1. The portion of the receiving aquifer identified in subparagraph (a)2., above, or

2. A known public or private potable water supply well.

(2) The permittee can avoid the application of one or more secondary standards upon an affirmative demonstration that the economic, social, and environmental costs outweigh the economic, social and environmental benefits of compliance; provided, however, that such demonstration shall not operate to relieve the permittee from compliance with subsection (6), below.

(3) Upon permit renewal the Department shall review available data to determine the need for compliance with secondary standards.

(4) Upon determination by the Department that an existing installation must comply with one or more secondary standards, the Department shall revoke the exemption and require compliance or corrective action considering the factors in subsection 62-520.700(2), F.A.C. Such revocation shall be included in an appropriate Department permit as a specific condition after February 1, 1988.

(5) Secondary drinking water standards constituents may be included as waste characterization, monitoring, and indicator parameters as specified by permit.

(6) All installations discharging to Class G-II ground water are prohibited from causing a violation of the secondary drinking water standards at any private or public water supply well outside the zone of discharge.

(7) Failure of an existing installation to submit monitoring data to the Department as required pursuant to any permit addressing ground water shall be a basis for removal of that installation’s secondary standards exemption. The installation may regain such exemption at such time as it can demonstrate compliance with monitoring requirements, unless removal of the exemption is otherwise authorized pursuant to this rule.

(8) Existing cooling ponds approved by the Department for treatment of thermal discharges to surface water as defined in Rule 62-302.520, F.A.C., are exempt from secondary standards so long as the cooling pond waters are monitored pursuant to Department permit to ensure that the pond does not impair the designated use of contiguous ground waters and surface waters. In addition, the Department may order such monitoring of ground waters as may be reasonably necessary to ensure that the designated use of affected ground waters and surface waters is not impaired.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Formerly 17-520.520, Amended 7-12-09.

Fla. Admin. Code R. 62-520.600 Ground Water Monitoring Requirements and Exemptions

(1) The purpose of a ground water monitoring plan is to provide the data needed to evaluate an installation’s compliance with the ground water requirements contained in this chapter. Unless otherwise exempted by Department rule, any installation discharging into ground water shall establish a monitoring program as described in subsection (3), below. Subsection 62-520.310(4), F.A.C., provides that other Department rules with different ground water requirements for specific types of installations will supersede these generally applicable requirements. If requested by the permittee, a monitoring program instituted under some other state, federal, or local government regulation or permit shall be substituted for this program if it is in substantial compliance with subsection (3), below. All field and laboratory activities performed under a monitoring program shall meet the quality assurance requirements in Chapter 62-160, F.A.C.

(2) Plan Submission.

(a) New installations shall submit to the Department monitoring plans in conjunction with its initial permit applications.

(b) Existing installations shall have submitted to the Department an acceptable monitoring plan on or before March 1984.

(c) Installations that were not required to submit monitoring plans by March 1984, but were thereafter required by rule to submit monitoring plans must do so in accordance with the applicable rule.

(d) Installations exempt from obtaining permits to discharge to ground water shall develop a monitoring plan upon Department order that the installation owner obtain a permit defining ground water discharge.

(3) Monitoring Plan Contents. Unless otherwise specified in program-specific Department rules, the installation owner shall provide the Department with a plan containing findings and recommendations for ground water monitoring derived from site-specific information. Any information submitted as part of a permit application does not have to be resubmitted as part of the ground water monitoring plan. The plan shall evaluate facility operations, discharges, actual and potential environmental risk, and provide a design that ensures compliance with applicable program-specific rules and water quality criteria depending on where the discharge will take place. The design shall be such that the permittee can detect and monitor adverse impact upon ground water and upon surface waters affected by ground water by facility activities. Design of a ground water monitoring plan is variable and dependant on the complexity of the site hydrogeology, type of facility, and method and characteristics of the discharge. The Department’s document, Guidance for Ground Water Monitoring Plan Design, 2008, is adopted as guidance to assist permittees and installation owners in designing and placing monitoring wells to demonstrate whether compliance with the requirements in this chapter are being achieved. Copies of this document are available from the Department of Environmental Protection, Bureau of Water Facilities Regulation, MS 3580, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or at the Department Internet site at http://www.dep.state.fl.us/water/groundwater/pubs.htm. Pursuant to Chapters 492 and 471, F.S., the ground water monitoring plan shall be signed and sealed by the professional geologist or professional engineer who prepared or approved it. The Department shall evaluate the adequacy of the plan upon submittal; however, the applicant should arrange a pre-application meeting with the Department to resolve the needed information at an early stage. The plan shall:

(a) Describe the physical and hydrogeologic characteristics of the facility and surrounding area including:

1. Direction and rate of ground water flow and ambient ground water characteristics,

2. Primary and secondary porosity, and horizontal and vertical permeability for the receiving aquifer(s),

3. The depth to, and lithology of, the first confining bed(s),

4. Vertical permeability, thickness, competence, and extent of any confining beds,

5. Topography, soil information, and surface water drainage systems surrounding the site,

(b) Show the locations of the proposed monitoring wells labeled as background, intermediate, or compliance well,

(c) Provide construction and development details of the monitoring wells,

(d) Provide a water sampling and chemical analysis protocol,

(e) Provide a water sampling schedule,

(f) Demonstrate the quality of the receiving ground water prior to discharge,

(g) Indicate how to determine natural background (where available) or background quality of the ground water in the vicinity of the site and any deviations in the quality of the receiving ground water in the downgradient monitoring wells,

(h) Show the locations of all surface waters and their classifications including springs within a one mile radius of the site, and on-site sinkholes with depths exceeding the seasonal high water table or that are perched; and,

(i) Identify the location and use of all wells within 1000 feet of the site.

(4) Plan Approval. The plan shall be approved if it will provide the data needed to evaluate an installation’s compliance with the ground water requirements contained in this chapter. If the plan is approved, it will become part of the permit. If a permit is not associated with the plan, a letter of approval, denial, or request for modification will be sent to the applicant. A letter of approval or denial shall have a notice of rights for an administrative hearing under Sections 120.569 and 120.57, F.S.

(5) Implementation of Monitoring Program.

(a) The following apply except for installations already discharging to ground water that are later required to install ground water monitoring wells:

1. All ground water monitoring wells shall be installed before the application of waste or wastewater; and,

2. After well installation and well development, but before the application of the waste or wastewater for which the ground water monitoring plan was required, the permittee shall sample one or more of the ground water monitoring wells specified in the Department-approved monitoring plan or permit for the primary and secondary drinking water parameters included in Chapter 62-550, F.A.C. (excluding asbestos, acrylamide, Dioxin, butachlor, epichlorohydrin, pesticides, and PCBs, unless reasonably expected to be a constituent of the discharge or an artifact of the site). In addition, volatile organics and extractable semivolatile organics shall be analyzed. Results of this sampling shall be submitted to the Department within 60 days after sampling.

(b) With the application for permit renewal, the permittee shall submit, to the Department’s office that issued the permit, the results of sampling monitoring wells specified in the Department-approved monitoring plan for the primary and secondary drinking water parameters included in Chapter 62-550, F.A.C. (excluding asbestos, acrylamide, Dioxin, butachlor, epichlorohydrin, pesticides, and PCBs, unless reasonably expected to be a constituent of the discharge or an artifact of the site). Additional volatile and semivolatile parameters as specified in the ground water monitoring plan or permit shall be analyzed. Sampling shall occur no sooner than 180 days before submittal of the renewal application.

(6) Location, Design, and Construction of Monitoring Wells to Detect Migration of Contaminants. Monitoring wells shall be as follows:

(a) One upgradient well located as close as possible to the site, without being affected by that site’s discharge, to determine the natural background quality where available, or background of the ground water (background well);

(b) One well downgradient from the site and within the zone of discharge designed to detect the chemical, physical, and microbiological characteristics of the discharge plume (intermediate well); and,

(c) One well at the edge of the zone of discharge downgradient from the site (compliance well);

(d) Such other wells as are dictated by the complexity of the hydrogeology of the site, the magnitude and direction of the plume, or the likelihood of threat to the public health, to ensure adequate and reliable monitoring data in generally accepted engineering or hydrogeological practice. The Department shall exempt a facility from installing a background or intermediate well when not practicable or necessary because of site hydrogeology, effluent quality, site location, or surrounding land use;

(e) The Department’s Monitoring Well Design and Construction Guidance Manual, (2008), is adopted as guidance to assist permittees and installation owners in monitoring well design and construction. Copies of this document are available from the Department of Environmental Protection, Bureau of Water Facilities Regulation, MS 3580, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or at the Department’s Internet site: http://www.dep.state.fl.us/water/groundwater/pubs.htm;

(f) Monitoring well design shall be submitted to the Department;

(g) Before construction of new ground water monitoring wells, a soil boring shall be made at each new monitoring well location to properly determine monitoring well specifications such as well depth, screen interval, screen slot, and filter pack;

(h) Before the installation of any monitoring well, the permittee shall give at least 72 hours notice to the appropriate permitting program at the Department’s District office that issued the permit;

(i) Within 60 days after installation of any monitoring well, a properly scaled figure depicting monitoring well locations (active and abandoned) with identification numbers shall be submitted to the appropriate permitting program at the Department’s District office that issued the permit. The figure also shall include the monitoring well, top of casing, and ground surface elevations referenced to the National Geodetic Vertical Datum (NGVD) of 1929 or to the North American Vertical Datum (NAVD 1988) and measured to the nearest 0.01 foot, along with monitoring well location latitude and longitude to the nearest 0.1 seconds;

(j) Within 30 days after installation of the monitoring wells, well completion reports and soil boring/lithologic logs shall be sent to the Department’s District office that issued the permit. The information is to be submitted for each well on DEP Form 62-520.900(3), Monitoring Well Completion Report, incorporated herein and listed in Rule 62-520.900, F.A.C.;

(k) Within 60 days after completion of construction of the monitoring wells, all piezometers and wells that are not reasonably expected to be used are to be plugged and abandoned in accordance with subsection 62-532.500(4), F.A.C. The permittee shall submit a written report to the Department’s office that issued the permit providing verification of the plugging including the well abandonment log when available;

(l) If any monitoring well becomes inoperable or damaged to the extent that sampling or well integrity may be affected, the permittee shall notify the Department’s office that issued the permit within two business days from discovery, and a detailed written report shall follow within ten days after notification to the Department. The written report shall detail what problem has occurred and remedial measures that have been taken to prevent recurrence or request approval for replacement of the monitoring well. All monitoring well design and replacement shall be approved by the Department before installation.

(7) Monitoring Requirements for Class G-III Ground Water. Discharges to Class G-III ground water shall be analyzed to assure compliance with the standards in Rule 62-520.400, F.A.C.; alternatively, the permittee may institute a ground water monitoring program, which shall demonstrate that the criteria in Rule 62-520.400, F.A.C., are not violated.

(8) Monitoring Requirements for Class G-IV Ground Water. The Department shall specify applicable monitoring criteria as part of an underground injection control well permit issued under Chapter 62-528, F.A.C.

(9) Monitoring Exemptions. The Department shall exempt the following installations that discharge to ground water from ground water monitoring requirements:

(a) Domestic sewage treatment installations with less than 100,000 gallons per day (gpd) design capacity except those described in subsection (10), below; stormwater facilities; agricultural fields, ditches and canals; and waste management systems for animal feeding operations exempted from ground water monitoring under Chapter 62-670, F.A.C.; as long as the discharges present no potential hazard to human health or the environment, or do not endanger a source of drinking water; and as long as the facilities do not discharge directly to ground water.

(b) Wastewater impoundments containing effluent or reclaimed water, cooling water, or other discharge waters meeting the minimum criteria of Rule 62-520.400, F.A.C., and the applicable standards for the receiving ground water and contiguous surface waters; provided, however, that if necessary to ensure that the water quality criteria and standards are being met, the Department shall require the installation owner to determine the background, or natural background where available, water quality of the receiving ground water and regularly sample the quality of the discharge prior to contact with ground water.

(10) New domestic wastewater facilities that discharge to ground water with less than 100,000 gpd design capacity (excluding onsite sewage disposal systems) which have filed a complete permit application after July 1, 1994, shall install and analyze samples (as described below) from one downgradient monitoring well designed to evaluate the impact of such facilities to the ground water quality. One ground water sample from within the upper 20 feet of the zone of saturation shall be collected and analyzed semiannually for the ground water monitoring parameters listed in Chapter 62-601, F.A.C.

(11) Reporting Requirements. Installations required to monitor shall submit the following reports:

(a) The permittee shall, within 90 days after the permittee has begun the discharge that is expected to result in a discharge to ground water, submit a report stating the volume, and chemical, physical, and microbiological composition of the discharge unless otherwise specified in the installation’s permit or ground water monitoring plan.

(b) On a quarterly basis thereafter, or such other frequency specified in the permit, the permittee shall submit reports on all monitoring wells indicating the type, number and concentration of discharge constituents or parameters that have been approved by the Department as appropriate criteria to monitor in the monitoring program based upon their potential to exceed the minimum criteria contained in Rule 62-520.400, F.A.C., and the appropriate standards for the particular class of water adjacent to the zone of discharge as described in Rules 62-520.420 through 62-520.470, F.A.C.

(c) Water levels shall be recorded before evacuating wells for sample collection. Elevation shall be referenced to the National Geodetic Vertical Datum (NGVD) of 1929 or to the North American Vertical Datum (NAVD 1988) and measured to a precision of plus or minus 0.01 foot.

(d) In order to obtain representative seasonal variations in the ground water, there shall be a minimum of 45 days between any two consecutive quarterly sampling events, a minimum of 90 days between consecutive semi-annual sampling events, and a minimum of 180 days between consecutive yearly sampling events.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.0877, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.600, 62-522.600, Amended 7-12-09.

Fla. Admin. Code R. 62-520.700 Ground Water Corrective Action

Whether or not an installation is operating under a currently valid Department permit, the Department has the authority to order the installation owner to take corrective action under the following circumstances:

(1) When the installation is discharging into the ground water in a manner that represents an imminent hazard to public health, the Department shall require the installation owner to take immediate action to remove or reduce the hazard in such a way as to prevent any threat to the public health and the environment. Such action includes clean up of the aquifer, halting the discharge, or confinement or containment of the water plume.

(2) When no imminent hazard exists, but the plume has extended beyond the zone of discharge or otherwise threatens or is likely to threaten in the foreseeable future to impair the designated use of an underground source of drinking water or surface water immediately affected by the ground water, the Department shall require the installation owner to take appropriate action to clean up, increase the degree of treatment prior to discharge, contain or otherwise correct the violation of water quality standards. The type of corrective action shall be based upon the following factors:

(a) Direction of the plume movement in relationship to existing and potential sources of drinking water;

(b) Plume size both in the areal and vertical dimensions;

(c) Rate of migration of the plume;

(d) Level of toxicity of the plume;

(e) Rate at which the plume is being diluted;

(f) The costs of clean up or other corrective action in comparison with the benefits to the public of such corrective action; and,

(g) Current and projected future use of adjacent ground and surface waters affected by the plume.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.161 FS. History–New 9-8-92, Formerly 17-522.700, 62-522.700, Amended 7-12-09.

Fla. Admin. Code R. 62-520.900 Ground Water Forms

The forms used by the Department for ground water permitting and monitoring are adopted and incorporated by reference in this section. The form is listed by rule number, which is also the form number, and with the subject, title, and effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, Bureau of Water Facilities Regulation, MS 3580, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Application for Monitoring Plan Approval, (July 12, 2009).

(2) Ground Water Monitoring Report, (April 14, 1994).

(3) Monitoring Well Completion Report, (July 12, 2009).

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.0875, 403.0877 FS. History–New 11-30-82, Amended 1-1-83, Formerly 17-1.216, Amended 9-8-92, 4-14-94, Formerly 17-522.900, 62-522.900, Amended 7-12-09.

Chapter 62-521 WELLHEAD PROTECTION

Fla. Admin. Code R. 62-521.100 Scope and Intent of Wellhead Protection

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.062 FS. History–New 7-13-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-521.200 Definitions for Wellhead Protection

For the purpose of this chapter the following definitions shall apply. For other terms used in this chapter, the definitions contained in Chapters 62-520 and 62-522, F.A.C., shall prevail over definitions established elsewhere by Department rule.

(1) “Community Water System” means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

(2) “Existing Installation” means any installation including its zone of discharge established under Chapter 62-522, F.A.C., or other Department rule, regulated under this chapter which, on or before 90 days after the effective date of this chapter, or before the commencement of construction of a potable water well whose wellhead protection area would include that installation: either has a Department construction or operation permit or authorization; has submitted a complete construction permit application; has filed a notice of intent to file an application under Rule 62-17.041, F.A.C., or an application under Rule 62-17.051, F.A.C., or has filed an application or request for a meeting with the Department under Rule 62-17.540, F.A.C.; or is exempt from Department permitting or ground water monitoring requirements. Except as provided in Rule 62-521.400, F.A.C., this chapter does not apply to existing installations.

(3) “Installation” means any structure, equipment, facility, or appurtenances thereto, operation, or activity which may be a source of pollution.

(4) “New Installation” means any installation other than an existing installation as defined in subsection (2), above.

(5) “Non-Transient Non-Community Water System” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year.

(6) “Potable Water Well” means any water well which supplies water for human consumption to a community water system or to a non-transient non-community water system. For the purpose of this rule, any potable water well installed by an installation used to serve that installation’s operation is excluded from this definition.

(7) “Wellhead Protection Area” means an area designated by the Department consisting of a 500 foot radial setback distance around a potable water well where ground water is provided the most stringent protection measures to protect the ground water source for a potable water well and includes the surface and subsurface area surrounding the well.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061 FS. History–New 7-13-95.

Fla. Admin. Code R. 62-521.400 Ground Water Protection Measures in Wellhead Protection Areas

(1) The Department shall require new installations to meet the following restrictions within a wellhead protection area.

(a) New domestic wastewater treatment facilities shall be provided with Class I reliability as described in Chapter 62-600, F.A.C., and flow equalization. New wastewater ponds, basins, and similar facilities shall be lined or sealed to prevent measurable seepage. Unlined reclaimed water storage systems are allowed for reuse projects permitted under Part III of Chapter 62-610, F.A.C.

(b) New reuse and land application projects shall be prohibited except for new projects permitted under Part III of Chapter 62-610, F.A.C.

(c) New domestic wastewater residuals land application sites, as defined in Chapter 62-640, F.A.C., shall be prohibited.

(d) New discharges to ground water of industrial wastewater, as regulated under Chapters 62-660, 62-670, 62-671, and 62-673, F.A.C., shall be prohibited except as provided below:

1. All non-contact cooling water discharges (without additives); and,

2. Discharges specifically allowed within a wellhead protection area in Chapters 62-660, 62-670, 62-671 and 62-673, F.A.C.

(e) New phosphogypsum stack systems, as regulated under Chapter 62-673, F.A.C., are prohibited.

(f) New Class I and Class III underground injection control wells, as regulated in Chapter 62-528, F.A.C., are prohibited.

(g) New Class V underground injection control wells, as regulated in Chapter 62-528, F.A.C., are prohibited except as provided below:

1. Thermal exchange process wells (closed-loop without additives) for use at single family residences; and,

2. Aquifer storage and recovery systems wells, where the injected fluid meets the applicable drinking water quality standards in Chapter 62-550, F.A.C.

(h) New solid waste disposal facilities regulated under Chapter 62-701, F.A.C., are prohibited.

(i) New generators of hazardous waste, as regulated under Chapter 62-730, F.A.C., which excludes household hazardous waste as defined in 40 C.F.R. Part 261.4(b)(1) (1994), hereby incorporated and adopted by reference, shall comply with the secondary containment requirements of 40 C.F.R. Part 264 Subpart I (1994), hereby incorporated and adopted by reference.

(j) New hazardous waste treatment, storage, disposal, and transfer facilities requiring permits under Chapter 62-730, F.A.C., are prohibited.

(k) New aboveground and underground tankage of hazardous wastes regulated under Chapter 62-730, F.A.C., is prohibited.

(l) Underground storage tanks regulated under Chapter 62-761, F.A.C., shall not be installed 90 days after the effective date of this rule. Replacement of an existing underground storage tank system regulated under Chapter 62-761, F.A.C., within the same excavation, or addition of new underground storage tanks regulated under Chapter 62-761, F.A.C., at a facility with other such underground storage tanks is exempt from this provision, provided that the replacement or new underground storage tank system is installed with secondary containment as required in Chapter 62-761, F.A.C.

(m) Aboveground storage tanks regulated under Chapter 62-762, F.A.C., shall not be installed 90 days after the effective date of this rule. Replacement or upgrading of an existing aboveground storage tank or addition of new aboveground storage tanks which are regulated under Chapter 62-762, F.A.C., at a facility with other such aboveground storage tanks is exempt from this provision, provided that the replacement or new aboveground storage tank system meets the applicable provisions of Chapter 62-762, F.A.C.

(n) Storage tanks which meet the auxiliary power provisions of subsection 62-555.320(6), F.A.C., for operation of a potable water well and storage tanks for substances used for the treatment of potable water are exempt from the provisions of this rule. Storage tanks regulated under Chapters 62-761 and 62-762, F.A.C., shall continue to meet the requirements of those chapters.

(o) Applicants should take note that to prevent the vertical migration of fluids, a water management district may require a construction permit for new water wells, which shall meet the applicable construction standards contained in Chapter 62-532, F.A.C.

(2) Emergency equipment, including storage tanks, that is necessary to provide power to ensure a continuous supply on an emergency basis of public water supply, electrical power, sewer service, telephone service, or other essential services that are of a public benefit are exempt from the provisions of this chapter. This does not exempt these services from meeting other applicable Department rules.

(3) Discharge to ground water from Department approved remedial corrective actions for contaminated sites located within wellhead protection areas shall not be subject to the discharge restrictions in this chapter.

(4) Nothing herein supersedes more stringent setback or permitting requirements contained in other Department rules.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 7-13-95.

Chapter 62-522 GROUND WATER PERMITTING AND MONITORING REQUIREMENTS

Fla. Admin. Code R. 62-522.200 Definitions for Ground Water Permitting and Monitoring

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.200, Repealed 7-12-09.

Fla. Admin. Code R. 62-522.300 General Provisions for Ground Water Permitting and Monitoring

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-1-94, Formerly 17-522.300, Amended 12-9-96, 8-21-00, 8-27-01, Repealed 7-12-09.

Fla. Admin. Code R. 62-522.400 Dimensions of Zones of Discharge for Class G-I Ground Water

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.400, Transferred to 62-520.462.

Fla. Admin. Code R. 62-522.410 Dimensions of Zones of Discharge for Class G-II Ground Water

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.410, Transferred to 62-520.465.

Fla. Admin. Code R. 62-522.500 Permit Renewal and Modification Procedures for Installations Discharging to Ground Water

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.500, Transferred to 62-520.470.

Fla. Admin. Code R. 62-522.600 Ground Water Monitoring Requirements and Exemptions

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.0877, 403.088 FS. History–New 9-8-92, Amended 4-14-94, Formerly 17-522.600, Transferred to 62-520.600.

Fla. Admin. Code R. 62-522.700 Ground Water Corrective Action

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.161 FS. History–New 9-8-92, Formerly 17-522.700, Transferred to 62-520.700.

Fla. Admin. Code R. 62-522.900 Ground Water Forms

History

• Rulemaking Authority 120.53(1), 403.061 FS. Law Implemented 120.53(1), 403.0875, 403.0877 FS. History–New 11-30-82, Amended 1-1-83, Formerly 17-1.216, Amended 9-8-92, 4-14-94, Formerly 17-522.900, Transferred to 62-520.900.

Chapter 62-524 NEW POTABLE WATER WELL PERMITTING IN DELINEATED AREAS

Fla. Admin. Code R. 62-524.200 Definitions for New Potable Water Well Permitting in Delineated Areas

(1) “Available Potable Water System” means, for the purpose of this chapter, a public water system, as defined in Rule 62-550.200, F.A.C., which has sufficient capacity and is legally able to serve specific additional connections.

(2) “Delineated Area” means a surface area identified pursuant to Rule 62-524.420, F.A.C., within which ground water contamination is known to exist or which encompasses vulnerable areas or areas in which the Department provides a subsidy for restoration or replacement of contaminated drinking water supplies.

(3) “Ground Water Contamination” means, for the purpose of this chapter, the presence outside an applicable zone of discharge in Class F-I, G-I, or G-II ground water of one or more substances in quantities which exceed a primary drinking water maximum contaminant level as set forth in Chapter 62-550, F.A.C., present an imminent hazard pursuant to Section 403.855, F.S., or for which the State Health Officer in the Department of Health, based upon a written request from the Department, has advised the Department in writing is present in deleterious amounts. The determination, under this section, of the existence of ground water contamination based upon the presence of deleterious amounts shall not constitute the establishment of a standard under either Chapter 62-520 or 62-550, F.A.C. If the concentration of any primary drinking water standard in the natural background quality of the ground water is greater than the stated maximum contaminant level, the representative background value shall be the prevailing standard.

(4) “New Potable Water Well” means any excavation that is drilled or bored, or converted from non-potable water use, after delineation in an area delineated pursuant to Rule 62-524.400, F.A.C., when the intended use of such excavation is for the location and acquisition of ground water which supplies water for human consumption. This does not include repair of an existing potable water well.

(5) “Vulnerable area” is an area in which research or monitoring data indicate that ground water is vulnerable to nitrate contamination because of the presence of potential sources of nitrate contamination, and because of land surface and subsurface characteristics.

History

• Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309, 376.307 FS. History–New 5-16-89, Amended 3-3-92, Formerly 17-524.200, Amended 2-7-95.

Fla. Admin. Code R. 62-524.420 Procedures for Delineation of Areas for Application of New Potable Water Well Permitting

(1) Based upon available data, the Department shall identify and locate, for the purpose of application of the requirements of this chapter, areas within which ground water contamination is known to exist or which encompasses vulnerable areas or areas in which the Department provides a subsidy for restoration or replacement of contaminated drinking water supplies.

(2) The Department shall rely on data from samples collected and analyzed using Department approved quality assurance/ quality control procedures. Where quality assurance/quality control procedures are not documented the Department shall evaluate the data for completeness and accuracy in order to determine acceptability for use in delineation under this chapter.

(3) Sources of ground water data to be used for delineation of areas under this chapter shall include:

(a) Local, state, and federal agencies.

(b) Water management districts.

(c) Department programs.

(4) For wells, sites, or sources with known ground water contamination, where insufficient site specific ground water data exist for determination of contaminant plume boundaries, a delineated area shall be established in the following manner:

(a) A 1000-foot setback from the well, site or source boundary.

(b) Where data from the distribution or movement of ground water contamination indicate that a 1000-foot setback is insufficient the Department shall establish an alternate setback based on such data.

(5) For sites with a history of application of ethylene dibromide where insufficient site specific ground water data exist for determination of contaminant plume boundaries, the Department shall delineate an area which encompasses the area of application and a setback, based on data on the distribution of ethylene dibromide contamination, or a 1000-foot setback, whichever is larger.

(6) For sites where a hydrogeologic investigation of ground water has been conducted and the nature and extent of a contaminant plume is documented and sufficient data exist for predictive ground water modelling, the Department shall delineate an area which encompasses the ground water contamination and its predicted movement for the next two years.

(7) Where the source or site which resulted in an area being delineated is the subject of remediation for ground water clean-up, the effect of this remediation shall be considered by the Department in subsequent delineation updates.

(8) For areas in which the Department provides a subsidy for restoration or replacement of contaminated drinking water supplies through extending existing water lines or developing new water supply systems under Sections 376.307(4)(b)3. and (c), F.S., the Department shall delineate an area which encompasses such extended water lines or water lines constructed as part of a new water system and a 1000-foot setback.

(9) For areas in which the Department determines that ground water is vulnerable to contamination with nitrate, the Department shall delineate such vulnerable areas. The Department shall determine where vulnerable areas exist by using the following information when available:

(a) Physical properties of soils;

(b) Vadose zone media;

(c) Hydrogeologic characteristics of aquifer systems;

(d) Depth to ground water;

(e) Recharge;

(f) Karst features;

(g) Topography;

(h) Presence of Class G-II ground water or other potable ground water with less than 10,000 mg/L total dissolved solids;

(i) Water quality data; and

(j) Nitrogen application or loading rates for potential sources of nitrate contamination.

(10) In delineating areas under this rule, the Department shall coordinate with other affected agencies, particularly those receiving delegation under Rule 62-524.800, F.A.C., in the technical aspects of delineation.

(11) The Department shall present delineated areas to the Environmental Regulation Commission for approval at rulemaking public hearings duly noticed as required by Section 120.54, F.S.

(a) At such public hearings the Commission, when approving delineated areas, shall consider the known ground water contamination and its projected movement until the next delineation update.

(b) If requested by the Commission, the Department shall present the data, predictive ground water modelling, and mapping procedure used to delineate each area presented to the Commission.

(c) The Commission shall consider any other competent evidence regarding delineated areas.

(d) Approval by the Commission of a delineated area shall result in that area being included on maps or other means of location and description prepared by the Department as described in subsections (12) and (13). Each approved map or other means of location and description shall contain an effective date and shall be made available as provided in subsections (12) and (13).

(12) To facilitate the permitting process, the Department shall provide maps which indicate all sections which contain any portion of a delineated area. Prior to construction of a new potable water well within a mapped section, the potential applicant should contact the appropriate permitting authority which shall determine if the proposed well is within a delineated area. Such maps or other information shall be made available by the Department to interested persons upon written request and upon payment of appropriate costs.

(13) Following each update, the Department shall make available to water management districts, regional planning councils, the Department of Health, and county building and zoning departments, maps or other information on areas for application of the requirements of this chapter.

(a) Where maps are provided, they shall be of an appropriate scale as determined by the Department based on the accuracy and precision of the data.

(b) For each delineated area the Department shall provide a list of those contaminants to be tested pursuant to Rule 62-524.600, F.A.C., and shall specify any casing or solvent bond restrictions.

(14) Maps or other information on areas for application of the requirements of this chapter shall be periodically updated by the Department. Additional areas, or revision to existing areas, for application of the requirements of this chapter may be delineated at any time as technical information becomes available.

History

• Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309, 376.307 FS. History–New 5-16-89, Amended 3-25-90, 7-4-91, 5-6-93, Formerly 17-524.420, Amended 2-7-95, 12-9-96.

Fla. Admin. Code R. 62-524.430 Maps Containing Delineated Areas

The following maps, which are incorporated herein by reference, show surface areas, delineated pursuant to Rule 62-524.420, F.A.C. Each map listed contains a month and year which corresponds to the date the Department prepared the most recent map showing any portion of a delineated area. Copies of these maps may be examined at the Department of Environmental Protection, Bureau of Information Systems, or copies may be obtained, upon receipt of reproduction and other appropriate costs, from the Department of Environmental Protection, Bureau of Information Systems, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1)

ALACHUA COUNTY:

Archer

11/94

Gainesville East

11/94

High Springs

11/94

High Springs SW

11/94

Micanopy

11/94

Monteocha

11/94

Newberry

11/94

Orange Heights

11/94

Waters Lake

11/94

(2)

BREVARD COUNTY:

Melbourne East

11/94

(3)

BROWARD COUNTY:

Cooper City

11/94

Fort Lauderdale North

11/94

Fort Lauderdale South

11/94

North Miami

11/94

Port Everglades

11/94

(4)

CITRUS:

Crystal River

11/94

Homosassa

11/94

(5)

COLUMBIA:

Columbia

11/94

Fort White

11/94

Lake City West

11/94

Mikesville

11/94

(6)

DADE COUNTY:

Hialeah

11/94

North Miami

11/94

South Miami

11/94

(7)

DESOTO:

Arcadia

11/94

(8)

DUVAL COUNTY:

Baldwin

11/94

Jacksonville

11/94

Jacksonville Heights

11/94

Marietta

11/94

(9)

ESCAMBIA COUNTY:

Cantonment

11/94

Pensacola

11/94

Seminole (AL)

11/94

West Pensacola

11/94

(10)

GILCHRIST:

High Springs SW

11/94

Waters Lake

11/94

(11)

GLADES COUNTY:

Moore Haven

11/94

(12)

HAMILTON:

Ellaville

11/94

Fort Union

11/94

(13)

HARDEE:

Griffins Corner

11/94

(14)

HERNANDO:

Masaryktown

11/94

Port Richey NE

11/94

Weekiwachee Springs

11/94

(15)

HIGHLANDS COUNTY:

Avon Park

11/94

Child

11/94

Crewsville

11/94

Frostproof

11/94

Lake Arbuckle

11/94

Lake Arbuckle SW

11/94

Lake June In Winter

11/94

Lake Placid

11/94

Sebring

11/94

Venus SW

11/94

(16)

HILLSBOROUGH COUNTY:

Brandon

11/94

Citrus Park

11/94

Dover

11/94

Ft. Lonesome

11/94

Lithia

11/94

Lutz

11/94

Plant City West

11/94

Sulphur Springs

11/94

Tampa

11/94

Thonotosassa

11/94

Wimauma

11/94

(17)

INDIAN RIVER:

Vero Beach

11/94

(18)

JACKSON COUNTY:

Alford

11/94

Bascom

11/94

Campbellton

11/94

Cottondale East

11/94

Cottondale West

11/94

Cypress

11/94

Dellwood

11/94

Fairchild (GA)

11/94

Graceville

11/94

Kynesville

11/94

Malone

11/94

Marianna

11/94

Oakdale

11/94

Grangeburg (AL)

11/94

Saffold (AL)

11/94

Sills

11/94

Sneads

11/94

Steam Mill (GA)

11/94

(19)

LAKE COUNTY:

Astatula

11/94

Center Hill

11/94

Clermont East

11/94

Clermont West

11/94

Eustis

11/94

Howey In The Hills

11/94

Lake Louisa

11/94

Lake Louisa SW

11/94

Lake Nellie

11/94

Leesburg East

11/94

Mascotte

11/94

Sorrento

11/94

Umatilla

11/94

(20)

LEON COUNTY:

Tallahassee

11/94

(21)

LEVY:

Morriston

11/94

(22)

MADISON:

Cherry Lake

11/94

Madison

11/94

Nankin (GA)

11/94

Pinetta

11/94

(23)

MANATEE:

Ft. Lonesome

11/94

Wimauma

11/94

(24)

MARION COUNTY:

Belleview

11/94

Lady Lake

11/94

Lake Weir

11/94

Ocala East

11/94

Ocala West

11/94

Oxford

11/94

(25)

MARTIN COUNTY:

Indiantown

11/94

Okeechobee 4 SE

11/94

(26)

ORANGE COUNTY:

Apopka

11/94

Astatula

11/94

Clermont East

11/94

Eustis

11/94

Forest City

11/94

Lake Jessamine

11/94

Lake Louisa

11/94

Orlando East

11/94

Orlando West

11/94

Sorrento

11/94

Windermere

11/94

Winter Garden

11/94

(27)

OSCEOLA:

Ashton

11/94

Intercession City

11/94

Lake Louisa SW

11/94

Narcoossee

11/94

(28)

PASCO:

Lutz

11/94

(29)

PINELLAS:

Elfers

11/94

(30)

POLK COUNTY:

Alturas

11/94

Auburndale

11/94

Babson Park

11/94

Bartow

11/94

Bereah

11/94

Davenport

11/94

Dundee

11/94

Eloise

11/94

Frostproof

11/94

Gum Lake

11/94

Hesperides

11/94

Homeland

11/94

Intercession City

11/94

Lake Arbuckle

11/94

Lake Louisa SW

11/94

Lake Wales

11/94

Lake Weohyakapka

11/94

Lakeland

11/94

Mulberry

11/94

Nichols

11/94

Plant City East

11/94

Polk City

11/94

Providence

11/94

Socrum

11/94

Winter Haven

11/94

(31)

PUTNAM:

Baywood

11/94

(32)

SANTA ROSA:

Milton South

11/94

Pace

11/94

(33)

SEMINOLE COUNTY:

Aurantia

11/94

Bithlo

11/94

Casselberry

11/94

Forest City

11/94

Geneva

11/94

Sanford

11/94

Titusville SW

11/94

(34)

ST. JOHNS COUNTY:

Picolata

5/00

(35)

ST. LUCIE:

Fort Pierce NW

11/94

Okeechobee 1 NE

11/94

(36)

SUMTER:

Bushnell

11/94

Webster

11/94

(37)

SUWANNEE:

Dowling Park

11/94

Fort Union

11/94

Hildreth

11/94

Hillcoat

11/94

Live Oak East

11/94

O’Brien

11/94

(38)

VOLUSIA COUNTY:

Aurantia

11/94

De Land

11/94

Geneva

11/94

Orange City

11/94

Titusville SW

11/94

History

• Rulemaking Authority 373.309, 403.061 FS. Law Implemented 373.309 FS. History–New 3-25-90, Amended 10-4-90, 7-4-91, Formerly 17-524.430, Amended 2-7-95, 6-27-00.

Fla. Admin. Code R. 62-524.550 Well Construction Requirements for New Potable Water Well Permitting in Delineated Areas

(1) New potable water wells shall comply with the minimum construction standards contained in Rule 62-532.500, F.A.C. Additional requirements may be assigned by the permitting authority relative to depth restrictions, location of screened or open hole interval, and length of casing where warranted by local specific information.

(2) Methods for constructing new potable water wells shall be limited to rotary drilling, boring, or other method specifically approved by the permitting authority pursuant to subsection 62-524.700(1), F.A.C., which meets the water well construction criteria in Rule 62-532.500, F.A.C., except as required below.

(a) Well casing and liner pipe shall be new, free of breaks, corrosion and dents, straight and true, and not out of round. Welded or seamless black or galvanized steel pipe or casing, or stainless steel pipe or casing, or approved types of nonmetallic pipe shall be used for well casing or liner pipe.

(b) Solvent-bonded couplings shall be prohibited in areas with known ground water contamination which includes solvent components.

(c) To prevent the interchange of water and loss of artesian pressure, contaminated, unconfined ground water intervals shall be sealed off prior to drilling through the underlying confining interval. Uncontaminated, unconfined ground water intervals shall be sealed off or otherwise protected prior to drilling into deeper, contaminated ground waters.

(d) For any well casing installed in a bore hole, the annular space shall be filled from bottom to top with not less than a nominal two inch thickness of neat cement grout.

(e) A concrete pad measuring three feet by three feet by four inches shall be constructed around the elevated portion of the casing so that the casing is centered in the pad to prevent soil erosion and seepage of surface contamination into the annular space.

(f) A minimum elevation of one foot of casing above land surface shall be required.

(g) A raw water tap shall be provided to allow sampling of the well before exposure to storage or treatment.

(h) The well casing shall be visibly and permanently marked above the land surface with the latitude and longitude and the permit number issued by the permitting authority for that well.

(i) To the extent practical, potable water wells shall be located outside an area delineated under Rule 62-524.420, F.A.C.

(j) Where the source of contamination and the direction of ground water flow are known, in an area delineated under Rule 62-524.420, F.A.C., to the extent practical, potable water wells shall be located upgradient of the source.

(k) New potable water wells shall be located on ground least subject to inundation.

(l) Any new potable water well constructed within a delineated area that does not meet the construction standards of this section shall be abandoned and plugged in accordance with Rule 62-532.500, F.A.C., and applicable water management district rules.

History

• Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309 FS. History–New 5-16-89, Amended 3-25-90, 3-3-92, Formerly 17-524.550, Amended 12-9-96.

Fla. Admin. Code R. 62-524.600 Water Quality Testing for New Potable Water Well Delineated Areas

(1) New potable water wells shall be tested using methods as specified in Rule 62-524.420, F.A.C., for the presence in the untreated water of the ground water contamination which resulted in the delineation.

(2) The Department shall accept only test results obtained from water samples collected and analyzed by the Department of Health. The well construction permit applicant shall be responsible for the cost of sample collection, shipping, and analysis.

History

• Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309 FS. History–New 5-16-89, Amended 3-3-92, 5-6-93, Formerly 17-524.600.

Fla. Admin. Code R. 62-524.650 Clearing for Use of New Potable Water Wells in Delineated Areas

(1) If no ground water contamination is found upon testing of a new potable water well in a delineated area pursuant to Rule 62-524.600, F.A.C., the Department of Health shall be responsible for issuance of a letter of clearance to the well construction permit applicant.

(2) If ground water contamination is found upon testing pursuant to Rule 62-524.600, F.A.C., or other ground water contamination is found, a well shall not be cleared for use without a demonstration, through water quality testing, that a filter or other permanent remedy prevents the users of the well from being exposed through ingestion, inhalation, or dermal absorption, as appropriate for a contaminant, to ground water contamination.

History

• Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309 FS. History–New 3-3-92, Formerly 17-524.650, Amended 12-9-96.

Fla. Admin. Code R. 62-524.700 Permit Requirements for New Potable Water Wells in Delineated Areas

(1) A construction permit shall be obtained from the appropriate water management district pursuant to Rule 62-524.800, F.A.C., for all new potable water wells prior to installation or conversion. Applicants shall submit a proposed well design with the completed application, and the permit fee, to the permitting authority. Permit application shall be made under existing well construction permitting programs pursuant to Chapter 62-532, F.A.C., using forms adopted by the permitting authority for this purpose. In addition to the general requirements of this chapter, the permit shall address the following requirements through special conditions:

(a) Well construction including method of construction, depth, location of cased and screened intervals, casing material and grouting.

(b) Any special cleaning requirements for casing or drilling equipment.

(c) Water quality testing.

(d) Unique well identifiers where needed.

(2) Permitting and construction of new potable water wells, except for a well to be used for a public water system as defined in Rule 62-550.200, F.A.C., are prohibited in delineated areas where a distribution line of an available potable water system is within 500 feet of the boundary of the property for which a well construction permit is being sought. Such prohibition applies unless the property owner or applicant obtains documentation from the public water system or the Department’s Water Supply Restoration and Replacement Program, and submits such documentation to the permitting entity, which demonstrates either of the following:

(a) That economic factors caused by physical or legal impediments to construction to a distribution line prevent the property owner or permit applicant from obtaining potable water through connection to the distribution line; or

(b) That necessary water distribution line extensions (excluding plumbing and meters) cannot be completed within 30 days of application to the Department for water supply restoration or replacement.

History

• Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309 FS. History–New 5-16-89, Amended 3-3-92, Formerly 17-524.700, Amended 12-9-96.

Fla. Admin. Code R. 62-524.710 Exemption from New Potable Water Well Permitting in Delineated Areas

Exemption from the requirements of Rule 62-524.700, F.A.C., shall be granted to an applicant by the Department or the permitting authority upon demonstration using hydrogeological, water quality, and other pertinent information that the exemption will not result in the impairment of the intent and purpose of this chapter. Detailed requirements for each exemption shall be negotiated between the permit applicant and the permitting authority on a case by case basis.

History

• Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309, 373.326 FS. History–New 5-16-89, Formerly 17-524.710.

Fla. Admin. Code R. 62-524.720 Fees for New Potable Water Wells in Delineated Areas

History

• Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309 FS. History–New 5-16-89, Amended 3-3-92, Formerly 17-524.720, Repealed 2-16-12.

Fla. Admin. Code R. 62-524.730 Inspections of New Potable Water Wells in Delineated Areas

History

• Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309, 373.319 FS. History–New 5-16-89, Formerly 17-524.730, Repealed 2-16-12.

Fla. Admin. Code R. 62-524.740 Violations and Penalties for New Potable Water Wells in Delineated Areas

(1) Prohibited Acts.

(a) It shall be a violation of Section 373.309, F.S., and this chapter to construct, convert from non-potable use, or abandon any potable water well, or use for human consumption any well subject to permit under this chapter without having obtained a permit pursuant to Rule 62-524.700, F.A.C. This prohibition shall apply to both the water well contractor and the well owner.

(b) It shall be a violation of Section 373.309, F.S., and this chapter to use for human consumption, after delineation, any water well subject to permit under this chapter without having performed water quality testing pursuant to Rule 62-524.600, F.A.C.

(c) It shall be a violation of Section 373.309, F.S., and this chapter to use for human consumption, after delineation, any water well subject to permit under this chapter in which contaminants have been found without a demonstration through water quality testing that a filter or other means of preventing the users of such a well from being exposed to ground water contamination is effective.

(2) Penalties.

(a) Any person who violates any provision of this chapter, order, or permit issued under the authority of this chapter shall, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in Sections 775.082 and 775.083, F.S. Continuing violation after an order or conviction shall constitute a separate violation for each day the violation occurs.

(b) Any water well contractor who is in violation of paragraph (1)(a) shall, in addition to paragraph (2)(a), also be subject to the penalty provisions in Chapter 62-531, F.A.C., including the license suspension and revocation provisions contained therein.

History

• Rulemaking Authority 373.309, 403.061, 403.062 FS. Law Implemented 373.309, 373.323, 373.336 FS. History–New 5-16-89, Amended 3-25-90, Formerly 17-524.740.

Chapter 62-528 UNDERGROUND INJECTION CONTROL

Fla. Admin. Code R. 62-528.100 Underground Injection Control: Purpose

History

• Rulemaking Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.11, 17-28.011, 62-28.011, Amended 8-10-95, 6-24-97, Repealed 2-8-17.

Fla. Admin. Code R. 62-528.110 Underground Injection Control: Declaration and Intent

History

• Rulemaking Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History–New 8-10-95, Repealed 11-26-15.

Fla. Admin. Code R. 62-528.120 Underground Injection Control: Scope

(1) Chapter 62-528, F.A.C., covers all injection wells defined in subsection 62-528.300(1), F.A.C., as Class I, III, IV or V wells.

(2) Injection wells defined as Class II wells in subsection 62-528.300(1), F.A.C., are not included in this chapter. Class II wells are regulated by the Florida Geological Survey under Chapter 377, F.S., and Chapters 62C-26 through 62C-30, F.A.C.

(3) Specific inclusions. The following wells are included among those types of injection activities that are covered by this chapter. This list is not intended to be exclusive but is for clarification only.

(a) Any injection well other than a Class II well located on a drilling platform inside Florida’s territorial waters.

(b) Any dug hole or well that is deeper than its largest surface dimension, where a principal function of the hole is emplacement of fluids.

(c) Any well used by generators of hazardous waste, or by owners or operators of hazardous waste management facilities, to dispose of fluids containing hazardous waste. This includes the disposal of hazardous waste into what would otherwise be septic systems and cesspools, regardless of their capacity.

(d) Any septic tank, cesspool, or other well used by a multiple dwelling, community, or regional system for the injection of wastes.

(4) Specific exclusions. The following are not covered by this chapter:

(a) Injection wells located on a drilling platform or other site that is beyond Florida’s territorial waters.

(b) Any individual or single family domestic waste residential septic system or non-residential septic system receiving only domestic wastewater which has the capacity to serve fewer than twenty persons per day, and which is regulated under Chapter 64E-6, F.A.C.

(c) Any system, other than an injection well, permitted under Parts II, III, IV, or V of Chapter 62-610, F.A.C.

(d) Any dug hole, drilled hole, or bored shaft that is not used for the subsurface emplacement of fluids.

(e) Any well used in conjunction with the operation of an earth-coupled heat pump system as defined in subsection 62-528.200(20), F.A.C.

History

• Rulemaking Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History–New 8-10-95, Amended 11-20-02.

Fla. Admin. Code R. 62-528.200 Underground Injection Control: Definitions

When used in this chapter, the following words shall have the indicated meanings unless the context clearly indicates otherwise:

(1) “Abandoned well” means a well the use of which has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes.

(2) “Acidizing” means the injection of acid through the borehole or “well” into a “formation” to increase permeability and porosity.

(3) “Allowable stress” means the allowable stress for a material is the maximum stress that may be safely applied, which equals the yield-point stress divided by an appropriate factor of safety.

(4) “Annular monitor well” means any pipe or tubing which is permanently placed in the annulus of an injection well to monitor a discrete zone.

(5) “Annulus” or “Annular space” means any artificially created void existing between a well casing or liner pipe and a borehole wall or between two casings or between tubing and casing or liner pipe.

(6) “Aquifer” means a geological formation, group of formations or part of a formation that is capable of yielding a significant amount of water to a well or spring.

(7) “Area of review” means the area surrounding an “injection well” described according to the criteria set forth in subsection 62-528.300(4), F.A.C., or in the case of a well field permit, the project area plus a circumscribing area with a fixed width of not less than one mile.

(8) “Casing” means a pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and thus prevent the walls from caving, to prevent loss of drilling mud into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole.

(9) “Catastrophic collapse” means the sudden and utter failure of adjacent or overlying strata which has been caused by removal of underlying materials.

(10) “Cementing” means the operation whereby a cement slurry is pumped into a drilled hole or forced behind the casing.

(11) “Centralizer” means a casing accessory used to properly align a casing within the open hole, or to properly align one casing within another casing, or to properly align a tubing within a casing.

(12) “Cesspool” means a “drywell” that receives untreated sanitary waste containing human excreta, and which sometimes has an open bottom and perforated sides.

(13) “Cluster well” means a well where two or more monitor tubes of different lengths are placed within a single borehole to monitor two or more discrete zones.

(14) “Confining bed” means a layer of impermeable or distinctly less permeable material stratigraphically adjacent to one or more aquifers.

(15) “Confining zone” means a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement from an injection zone.

(16) “Contaminant” means any substance which is harmful to plant, animal or human life.

(17) “Conventional mine” means an open pit or underground excavation for the production of minerals.

(18) “Department” means the Department of Environmental Protection or its successor agency or agencies.

(19) “Disposal well” means a well used for the disposal of waste into a subsurface stratum.

(20) “Drywell” means a well, other than an improved sinkhole or subsurface fluid distribution system, completed above the water table so that its bottom and sides are typically dry except when receiving fluids.

(21) “Earth-coupled heat pump system” means any space heating/cooling system in which fluid is circulated through a continuous section of buried pipe such that the earth is utilized as a thermal exchange medium, but no fluid is either extracted from or injected into any underground formation.

(22) “Emergency disposal method” is an effluent disposal method that, after prior Department approval and receipt of all appropriate authorizations or permits, is available for short term discharges under emergency conditions when the primary disposal method is inoperable.

(23) “Exempted aquifer” means an aquifer or its portion that meets the criteria in the definition of “underground source of drinking water” but which has been exempted according to the procedures of subsection 62-528.300(3), F.A.C.

(24) “Experimental technology” means a technology which has not been proven feasible under the conditions in which it is being tested.

(25) “Exploratory pilot hole” means a hole drilled for the purpose of obtaining subsurface information or as a guide for the drill bit to follow when drilling the final hole.

(26) “Exploratory well” means a cased well drilled in an area in which there is limited hydrologic and geologic data, to obtain sufficient data to determine feasibility of using an injection well at the site.

(27) “Facility or activity” means any installation as defined by Section 403.031(4), F.S., that is subject to regulation under the Underground Injection Control Program. These terms shall include federal facilities and activities.

(28) “Factor of safety” means the ultimate load divided by the safe load, or the ultimate strength divided by the allowable stress.

(29) “Fault” means a surface or zone of rock fracture along which there has been displacement.

(30) “Flow rate” means the volume per unit time of the flow of fluids which emerge from an orifice, pump, turbine or which pass along a conduit or channel.

(31) “Fluid” means material or substance which flows or moves, whether in a semisolid, liquid, sludge, gas, or any other form or state.

(32) “Formation” means a body of rock characterized by a degree of lithologic homogeneity or similarity which is prevailingly, but not necessarily, tabular and is mappable on the earth’s surface or traceable in the subsurface.

(33) “Formation fluid” means fluid present in a formation under natural conditions as opposed to introduced fluids, such as drilling mud, injected fluids or dilute products of injected fluids.

(34) “Ground water” means water below the land surface in a zone wherein all of the interstices are filled with water.

(35) “Hazardous waste” means a hazardous waste as defined in Rule 62-730.030, F.A.C.

(36) “Hydrogeology” means the branch of hydrology that deals with ground water, its occurrence and movements, its replenishment and depletion, the properties of rocks that control the ground water movement and storage, and the methods of investigation and use of ground water.

(37) “Improved sinkhole” means a naturally occurring karst depression or other natural crevice found in volcanic terrain and other geologic settings that has been modified by humans for the purpose of directing and emplacing fluids into the subsurface.

(38) “Injection pressure” means the pressure required to inject fluid, as measured at the wellhead.

(39) “Injection well” means a well into which fluids are being or will be injected, by gravity flow or under pressure.

(40) “Injection well system” means that portion of the disposal system from the effluent side or pressure side of the injection pump to the bottom of the injection well.

(41) “Injection zone” means a geological formation, group of formations, or part of a formation receiving fluids directly through a well.

(42) “Lithology” means the description of rocks on the basis of their physical and chemical characteristics.

(43) “Major Class V well” means any Class V, Group 3 well used to inject fluids into or above the lowermost formation containing, within one-quarter mile of the well bore, an underground source of drinking water, any Class V, Group 1 well used to inject fluids through an open loop system or containing additives, or any Class V, Group 2, 4, 5, 7, 8, or 9 well as defined in paragraph 62-528.300(1)(e), F.A.C., except swimming pool drainage wells.

(44) “Multihorizon monitor well” means any well which is used to monitor in each of two or more discrete zones.

(45) “Municipal injection well” means an injection well, publicly or privately owned, which is used to inject only fluids that have passed through the head of a permitted domestic wastewater treatment facility and received at least secondary treatment pursuant to Rule 62-600.420, F.A.C.

(46) “New injection well” means a well for which a final construction permit has been issued by the Department and which began injection after April 1, 1982.

(47) “On-site monitor well” means a well associated with an injection well or facility, that is used primarily to monitor fluid movement adjacent to the wellbore or to monitor the effectiveness of the confining beds overlying the injection zone.

(48) “Overdrill” means the amount by which the nominal diameter of the open hole exceeds the diameter of the casing to be set in the hole.

(49) “Owner” means the person, entity, or corporation with legal title to the property on which an injection well exists.

(50) “Packer” means a device lowered into a well to produce a fluid-tight seal.

(51) “Permittee” means the person or entity to which a permit for an injection well or injection well system is issued by the Department. Upon transfer of ownership of the facility, the permittee shall comply with Rule 62-4.120, F.A.C.

(52) “Plugging” means the act or process of stopping the flow of water, oil, or gas into or out of a formation through a borehole or well penetrating that formation.

(53) “Point of injection” means the last accessible sampling point prior to waste fluids being released into the subsurface environment through a Class V injection well. For example, the point of injection of a Class V septic system might be the distribution box, which is the last accessible sampling point before the waste fluids drain into the underlying soils. For a drywell, it is likely to be the well bore itself.

(54) “Radioactive waste” means any waste which contains radioactive material in concentrations which exceed those listed in 10 C.F.R. pt. 20, Appendix B, Table II, Column 2 (1994).

(55) “Regional monitor well” means a well used primarily to monitor the distant effects of injection from one or more injection facilities.

(56) “Sanitary waste” means liquid or solid wastes originating solely from humans and human activities, such as wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for food preparation, clothes washing operations, and sinks or washing machines where food and beverage serving dishes, glasses, and utensils are cleaned. Sources of these wastes include single or multiple residences, hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use recreation areas, other commercial facilities, and industrial facilities provided the waste is not mixed with industrial waste.

(57) “Satellite monitor well” means a well associated with an injection facility that is used primarily to monitor the effects of injection from a single injection well or facility.

(58) “Secretary” means the Secretary of the Department of Environmental Protection.

(59) “Septic system” means a “well” that is used to emplace sanitary waste below the surface and is typically comprised of a septic tank and subsurface fluid distribution system or disposal system.

(60) “Subsidence” means the lowering of the natural land surface in response to: earth movements; lowering of fluid pressure; removal of underlying supporting material by mining or solution of solids, either artificially or from natural causes; compaction due to wetting (hydrocompaction); oxidation of organic matter in soils; or added load on the land surface.

(61) “Subsurface fluid distribution system” means an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids below the surface of the ground.

(62) “Surface casing” means the first string of well casing to be installed in the well.

(63) “Technical Advisory Committee” means a group of professionals knowledgeable in underground injection control requirements, geology, ground water hydrology, well drilling, geophysical logging, and pollution control, assembled for the purposes of advising the permitting authority on underground injection projects. The composition of the Technical Advisory Committee is specified in subsection 62-528.100(2), F.A.C.

(64) “Test injection well” means the first injection well constructed in a well field, which is used for specific formation testing and to verify the feasibility of the injection well system. This well is designed and constructed to be used as an injection well, if injection is proven feasible and environmentally acceptable.

(65) “Tubing” means piping material placed inside the final string of casing to protect the casing and to convey the injected fluid to the injection zone.

(66) “Underground source of drinking water” means an “aquifer” or its portion:

(a) Which supplies drinking water for human consumption, is classified by subsection 62-520.410(1), F.A.C., as Class F-I, G-I or G-II ground water, or contains a total dissolved solids concentration of less than 10,000 mg/L; and

(b) Which is not an “exempted aquifer.”

(67) “Well” means a bored, drilled or driven shaft, or a dug hole, which has a depth greater than the diameter of the largest surface dimension; or, an improved sinkhole; or, a subsurface fluid distribution system.

(68) “Well casing” means a metallic or non-metallic pipe installed in a borehole to prevent caving, provide structural strength, seal off subsurface zones, or prevent the interchange of waters between aquifers.

(69) “Well injection” means the subsurface emplacement of fluids through a well by gravity flow or under pressure.

(70) “Well log” means a record obtained from a well that provides data on the formations penetrated or well construction.

(71) “Well monitoring” means the measurement, by on-site instruments or laboratory methods, of the physical, chemical, or biological parameters required to evaluate the performance of an injection well system.

(72) “Well plug” means a watertight and gastight seal installed in a borehole or well to prevent movement of fluids.

(73) “Well record” means a concise statement of the available data regarding a well.

(74) “Well stimulation” means any of several processes used to clean the well bore, enlarge channels, and increase pore space in the interval to be injected thus making it possible for injected fluids to move more readily into the formation, and includes surging, jetting, blasting, acidizing, and hydraulic fracturing, or other method approved by the Department. The approval process is described in subsection 62-528.100(2), F.A.C.

History

• Rulemaking Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.031, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.12, 17-28.120, 62-28.120, Amended 8-10-95, 6-24-97, 11-20-02, 10-9-08.

Fla. Admin. Code R. 62-528.300 Underground Injection Control: General Provisions

(1) Classification of Injection Wells. Injection wells are classified as follows:

(a) Class I.

1. Wells used by generators of hazardous wastes or owners or operators of hazardous waste management facilities to inject hazardous waste beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water.

2. Other industrial and municipal (publicly or privately owned) disposal wells which inject fluids beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water.

3. Radioactive waste disposal wells that inject fluids below the lowermost formation containing an underground source of drinking water within one-quarter mile of the well bore.

(b) Class II. Wells which inject fluids:

1. Which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection.

2. For enhanced recovery of oil or natural gas; and

3. For storage of hydrocarbons which are liquid at standard temperature and pressure.

(c) Class III. Wells which inject for extraction of minerals, including:

1. Mining of sulfur by the Frasch process;

2. Solution mining of minerals: (Note – Solution mining of minerals includes sodium chloride, potash, phosphate, copper, uranium and any other mineral which can be mined by this process).

(d) Class IV. Wells used by generators of hazardous wastes or of radioactive wastes, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous wastes or radioactive wastes:

1. Into or above a formation which, within one quarter mile of the well, contains either an underground source of drinking water, or an exempted aquifer, or

2. Which cannot be classified as a Class I well under paragraph 62-528.300(1)(a), F.A.C., or as a Class IV well under subparagraph 1. above.

(e) Class V. Only injection wells not included in Class I, II, III, or IV are Class V wells, which are grouped together for the purpose of permitting:

1. Group 1 – Thermal Exchange Process Wells.

a. Air conditioning return flow wells used to return to any aquifer the water used for heating or cooling. An air conditioning supply well, heat pump, and return flow well used to inject water into the same permeable zone from which it was withdrawn constitute a closed-loop system;

b. Cooling water return flow wells used to inject water previously used for cooling;

2. Group 2 – Aquifer Recharge Wells.

a. Recharge wells used to replenish, augment, or store water in an aquifer;

b. Salt water intrusion barrier wells used to inject water into a fresh water aquifer to prevent the intrusion of salt water into the fresh water;

c. Subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a zone which does not produce oil or gas to reduce or eliminate subsidence associated with the overdraft of fresh water;

d. Connector wells used to connect two aquifers to allow interchange of water between those aquifers;

3. Group 3 – Domestic Wastewater Wells.

a. Wells which are part of domestic wastewater treatment systems excluding wells which are defined as Class I wells under subparagraph 62-528.300(1)(a)2., F.A.C., used to discharge effluent or reclaimed water from domestic wastewater treatment facilities;

b. Septic system wells used to inject the waste from a multiple dwelling, business establishment, community, or regional business establishment septic tank. This chapter does not apply to individual or single family domestic waste residential septic systems nor to non-residential septic systems receiving only domestic wastewater which have the capacity to serve fewer than twenty persons per day, and which are regulated under Chapter 64E-6, F.A.C. Septic system wells receiving nondomestic wastewater shall be considered as Group 4 wells;

4. Group 4 – Nondomestic Wastewater Wells.

a. Dry wells used for the injection of wastes into a subsurface formation;

b. Injection wells associated with an aquifer remediation project;

c. Wells other than Class I or Class IV used to inject radioactive waste, provided the concentrations of the waste do not exceed drinking water standards contained in Chapter 62-550, F.A.C.;

d. Desalination process concentrate wells;

5. Group 5 – Mining or Mineral Extraction Wells.

a. Wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts;

b. Sand backfill wells used to inject a mixture of water and sand, tailings or other solids into mined out portions of subsurface mines;

c. Injection wells used for in situ recovery of phosphate, uraniferous sandstone, clay, sand, and other minerals extracted by the borehole slurry mining method;

6. Group 6 – Stormwater Wells. Wells used to drain surface fluid, primarily storm run-off or for lake level control, into a subsurface formation;

7. Group 7 – Aquifer Storage and Recovery System Wells. Wells associated with an aquifer storage and recovery facility where surface water or ground water is injected and stored for later recovery for potable or nonpotable use. Wells used to store and recover effluent or reclaimed water from a domestic wastewater treatment plant shall be permitted as Group 3 wells.

8. Group 8 – Class V Wells Regulated Under Additional Federal Requirements.

a. Large capacity cesspools including multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides. The UIC requirements do not apply to single family residential cesspools nor to non-residential cesspools that receive solely sanitary waste and have the capacity to serve fewer than 20 persons a day;

b. Motor vehicle waste disposal wells that receive or have received fluids from vehicular repair or maintenance activities, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop), or any facility that does any vehicular repair work. Fluids disposed in these wells may contain organic and inorganic chemicals in concentrations that exceed the maximum contaminant levels (MCLs) established by the primary drinking water regulations (see 40 CFR part 142). These fluids also may include waste petroleum products and may contain contaminants, such as heavy metals and volatile organic compounds, which pose risks to human health;

9. Group 9 – Other Class V Wells.

a. Exploratory wells;

b. Injection wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power;

c. Swimming pool drainage wells;

d. Injection wells used in experimental technologies; and

e. Other wells.

(2) Identification of Underground Sources of Drinking Water. The Department will identify by narrative description, illustrations, maps, and other means and shall protect, except where exempted under subsection 62-528.300(3), F.A.C., as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an “underground source of drinking water” in subsection 62-528.200(66), F.A.C. Even if an aquifer has not been specifically identified by the Department, it is an underground source of drinking water if it meets the definition in subsection 62-528.200(66), F.A.C., and the criteria in subsection 62-520.410(1), F.A.C.

(3) Identification of and Criteria for Exempted Aquifers.

(a) After notice and opportunity for a public hearing as provided by Rules 62-528.315 through 62-528.330, F.A.C., the Department shall identify (by narrative description, illustrations, maps, or other means) and describe in geographic or geometric terms (such as vertical and lateral limits and gradient) which are clear and definite, all aquifers or parts thereof which the Department proposes to designate as exempted aquifers using the criteria in paragraph (c) below. No such designation shall be final until approved by the United States Environmental Protection Agency as part of the State program.

(b) Subsequent to program approval, the Department may, after notice and opportunity for a public hearing, identify additional exempted aquifers. Exemption of aquifers identified under subparagraph (c)2. below are considered major aquifer exemptions and shall be treated as a program revision subject to the provisions of 40 C.F.R. pt. 145.32 (1994) and requiring public notice in the Federal Register. Exemption of aquifers identified under subparagraph (c)3. below are considered minor aquifer exemptions and shall become final if the Department submits the exemption in writing to the Environmental Protection Agency Administrator, or an authorized delegatee, and the Administrator, or an authorized delegatee, has not disapproved the designation within 45 days. Any disapproval by the Administrator shall state the reasons and shall constitute final Environmental Protection Agency action for purposes of judicial review.

(c) To be an exempted aquifer, an aquifer or a portion thereof which meets the criteria for an “underground source of drinking water” in paragraph 62-528.200(66)(a), F.A.C., shall meet the following criteria:

1. It does not currently serve as a source of drinking water; and

2. It cannot now and will not in the future serve as a source of drinking water because:

a. It is mineral, hydrocarbon, or geothermal energy producing, or can be demonstrated by a permit applicant for a Class III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible;

b. It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical;

c. It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

d. It is located over a Class III well mining area subject to subsidence or catastrophic collapse, or

3. The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/L and it is not reasonably expected to be or become a supply of drinking water; and

4. Has satisfied the following requirements in accordance with paragraph (b) above:

a. A major aquifer exemption has been approved by the Environmental Protection Agency; or

b. A minor aquifer exemption has not been disapproved by the Environmental Protection Agency.

(d) For Class III wells, the Department shall require an applicant for a permit which necessitates an aquifer exemption under sub-subparagraph (c)2.a. above to furnish the data necessary to demonstrate that the aquifer is expected to be mineral or hydrocarbon producing. Information contained in the mining plan for the proposed project, such as a map and general description of the mining zone, general information on the mineralogy and geochemistry of the mining zone, analysis of the amenability of the mining zone to the proposed mining method, and a timetable of planned development of the mining zone shall be considered by the Department in addition to the information required by subsection 62-528.450(2), F.A.C. Approval of the aquifer exemption shall be treated as a program revision.

(e) No aquifer exemption request shall be processed until the Department has received the appropriate fee as specified in subparagraph 62-4.050(4)(o)5. or 6., F.A.C.

(4) Area of Review.

(a) An area of review, which shall apply to each Class I and Class III well, well field, project or area of the State, and for a Class V injection well when required, shall be determined by the applicant in a manner that shall take into account the zone of endangering influence, which is the lateral area in which the buoyant forces or increased pressures in the injection zone may cause the migration of the injected or formation fluid into an underground source of drinking water. The area of review is the land surface overlying the zone of endangering influence.

(b) In determining the area of review, the information to be used shall include chemical, physical, and biological characteristics of the injection fluids and formation fluids; hydrogeology; appropriate mathematical models, if available, for computing pressure and concentration changes in the injection zone as a function of distance and time; population; ground water use and dependence; and historical practices in the area. A radius around the injection well of one mile, or two miles for a hazardous waste well, shall be a minimum. In the case of an application for a well field project, a fixed width of not less than one mile for the circumscribing area shall be a minimum.

(5) Corrective Action.

(a) Coverage. Applicants for Class I or Class III injection well permits shall identify, and for any Class V well permit when required by the Department shall identify, the location of all known wells within the area of review for that injection well which penetrate the injection zone or confining zone. For such wells which are in use or improperly sealed, completed, or abandoned, the applicant shall also submit a plan specifying plugging and abandonment, pressure limitations, or such actions or modifications as are necessary to prevent movement of fluid into underground sources of drinking water (“corrective action”). Where the plan is adequate, the Department shall incorporate it into the permit as a condition. Where the Department’s review of an application indicates that the applicant’s plan is inadequate (based on the factors in paragraph (b) below) the Department shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit under paragraph (b) below, or deny the application. In no case shall the Department issue a permit without incorporating a plan for corrective action in such permit when such corrective action is required by this subsection.

(b) Criteria and Factors. In determining the adequacy of corrective action proposed by the application under paragraph (a) of this subsection and in determining the additional steps needed to prevent fluid movement into underground sources of drinking water, the following criteria and factors shall be considered by the Department:

1. Nature, volume, and injection rate of the injected fluid;

2. Nature of native fluids, or by-products of injection;

3. Potentially affected population;

4. Geology;

5. Hydrology;

6. History of the injection operation;

7. Completion and plugging records for all wells;

8. Abandonment procedures in effect at the time the well was abandoned;

9. Hydraulic connections with underground sources of drinking water;

10. Life of injection well; and

11. Pressure considerations.

(c) Requirements.

1. Existing Injection Wells. Any permit issued for an existing injection well requiring corrective action shall include a compliance schedule requiring any corrective action accepted or prescribed under paragraph (a) of this subsection. In addition, schedules of compliance shall require compliance as soon as possible, but not later than three years after the effective date of the permit.

2. New Injection Wells. No owner or operator of a new injection well shall begin injection until all required corrective action has been completed. The Department shall not authorize construction of a new injection well prior to the completion of all required action unless the applicant can affirmatively demonstrate that such construction will not pose a threat to the quality of the waters of the State. However, operational testing pursuant to subsection 62-528.450(3), F.A.C., shall not be authorized until all corrective action has been completed.

3. If needed to prevent fluid movement into an underground source of drinking water, the Department shall require as a permit condition that injection pressure be so limited that pressure in the injection zone at the site of any improperly completed or abandoned well in the area of review does not exceed a pressure which could cause fluid movement into an underground source of drinking water. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other corrective action has been taken. The Department shall consider alternative methods of control which prevent fluid movement into underground sources of drinking water through wells which are improperly sealed, completed or abandoned within the area of review.

4. Class III Wells Only. When setting corrective action requirements, the Department shall consider the overall effect of the project on the hydraulic gradient in potentially affected underground sources of drinking water, and the corresponding changes in potentiometric surface(s) and flow direction(s) rather than the discrete effect of each well. If a decision is made that corrective action is not necessarily based on the determinations above, the monitoring program required in subsection 62-528.425(2), F.A.C., shall be designed to verify the validity of such determinations.

(6) Mechanical Integrity.

(a) An injection well has mechanical integrity if:

1. There is no leak in the casing, tubing or packer; and

2. There is no fluid movement into an underground source of drinking water through channels adjacent to the injection well bore.

(b) One of the following tests shall be used to evaluate the absence of leaks under subparagraph (a)1. of this subsection.

1. Monitoring of the tubing-casing annulus pressure with sufficient frequency to be representative, as determined by the Department, while maintaining an annulus pressure different from atmospheric pressure measured at the surface, after an initial pressure test pursuant to subparagraph 2. and paragraph (e) of this subsection; or

2. Pressure test of inner casing or tubing.

(c) The following methods shall be used to determine the absence of fluid movement under subparagraph (a)2. A temperature or noise log, and a radioactive tracer survey. The radioactive tracer survey shall not be required by the Department if such testing may pose a threat to an underground source of drinking water.

(d) The Department shall allow the use of a test to demonstrate mechanical integrity, other than those listed in paragraphs (b) and (c) above, with the written approval of the United States Environmental Protection Agency. (The permittee proposes the alternative to the Department, and the Department seeks the approval from EPA.) If the Environmental Protection Agency has published in the Federal Register an alternative mechanical integrity test method, only written Department approval shall be required before conducting alternative mechanical integrity tests to those specified in paragraphs (b) and (c) above. The Department approval process is described in subsection 62-528.100(2), F.A.C.

(e) A pressure test required under paragraph (b) above shall be conducted with a liquid at a minimum pressure of 1.5 times the maximum pressure at which the well is to be permitted, or 50 PSI, whichever is higher, for at least one hour. Internal mechanical integrity under subparagraph (a)1. above is demonstrated if there is no more than a five-percent pressure change over the one-hour test period. The pressure used to test wells constructed using tubing and packer shall not exceed the design specifications of the tubing or packer.

(f) In conducting and evaluating the tests enumerated in this rule or others to be allowed by the Department, the permittee and the Department shall apply methods and standards generally accepted in the industry. When the permittee reports the results of mechanical integrity tests to the Department, a description of the test(s), method(s) used, and interpretation of the results shall be included. In making the evaluation, the Department shall review monitoring and other test data submitted since the previous evaluation.

(g) The Department shall require additional or alternative mechanical integrity tests in accordance with 40 C.F.R. § 146.8(f) (1996).

(h) A permit for any Class I or III well or injection project which lacks mechanical integrity shall include, and for any Class V well may include, a condition prohibiting injection operations until the permittee affirmatively demonstrates under paragraphs 62-528.300(6)(a)-(c), F.A.C., that the well has mechanical integrity, or the permittee affirmatively demonstrates that there is no movement of fluid into or between underground sources of drinking water.

(7) Confidential Information. In addition to the provision in Section 403.111, F.S., claims of confidentiality for the following information shall be denied:

(a) The name and address of any permit applicant or permittee, and

(b) Information which deals with the existence, absence, or level of contamination in drinking water.

(8) Quality Assurance/Quality Control.

(a) All water quality sampling and analyses associated with Class I, Class III, and Class IV injection wells shall be in accordance with a current Department approved quality assurance plan under Rule 62-160.210 and paragraphs 62-160.300(7)(g) through (k), F.A.C.

(b) All Class V injection wells requiring water quality analyses to be performed shall be in accordance with a current Department approved comprehensive quality assurance plan under Rule 62-160.210 and subsection 62-160.300(6), F.A.C.

(9) Reuse Requirements.

(a) This subsection applies only to those Class I municipal wells located within, serving a population within, or associated with a domestic wastewater treatment facility located within a water resource caution area as described in Chapter 62-40, F.A.C.

(b) If, after conducting a reuse feasibility study under Section 403.064(2), F.S., a permit applicant determines that the reuse of reclaimed water is feasible, the permittee shall implement reuse according to the schedule for implementation contained in the study conducted under Section 403.064, F.S., to the degree that reuse is determined to be feasible.

(c) Nothing in this paragraph shall limit the use of a Class I municipal injection well as backup for a reclaimed water reuse system.

History

• Rulemaking Authority 373.309, 403.061, 403.087, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.064, 403.087, 403.088, 403.161, 403.702, 403.721 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.13, Amended 8-30-88, Formerly 17-28.130, 62-28.130, Amended 8-10-95, 6-24-97, 11-20-02.

Fla. Admin. Code R. 62-528.305 Underground Injection Control: Permit Processing

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.0876 FS. History–New 12-3-84, Formerly 17-28.14, 17-28.140, 62-28.140, Amended 8-10-95, Repealed 2-8-17.

Fla. Admin. Code R. 62-528.307 Underground Injection Control: General Conditions for Permits

The following general conditions shall be included in each of the respective types of underground injection control permits.

(1) All UIC Permits.

(a) The terms, conditions, requirements, limitations and restrictions set forth in this permit are “permit conditions” and are binding and enforceable pursuant to Section 403.141, F.S.

(b) This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action.

(c) As provided in Section 403.087(7), F.S., the issuance of this permit does not convey any vested rights or exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit.

(d) This permit conveys no title to land, water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

(e) This permit does not relieve the permittee from liability for harm to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefrom; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department.

(f) The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, or are required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules.

(g) The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to:

1. Have access to and copy any records that must be kept under conditions of this permit;

2. Inspect the facility, equipment, practices, or operations regulated or required under this permit; and

3. Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time will depend on the nature of the concern being investigated.

(h) If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information:

1. A description of and cause of noncompliance; and

2. The period of noncompliance, including dates and times; or, if not corrected the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent the recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit.

(i) In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is proscribed by Sections 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.

(j) The permittee agrees to comply with changes in Department Rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department Rules.

(k) This permit is transferable only upon Department approval in accordance with Rules 62-4.120 and 62-528.350, F.A.C. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Department.

(l) This permit or a copy thereof shall be kept at the work site of the permitted activity.

(m) The permittee shall comply with the following:

1. Upon request, the permittee shall furnish all records and plans required under Department Rules. During enforcement actions, the retention period for all records shall be extended automatically unless the Department determines that the records are no longer required.

2. The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department Rule.

3. Records of monitoring information shall include:

a. The date, exact place, and time of sampling or measurements;

b. The person responsible for performing the sampling or measurements;

c. The dates analyses were performed;

d. The person responsible for performing the analyses;

e. The analytical techniques or methods used;

f. The results of such analyses.

4. The permittee shall furnish to the Department, within the time requested in writing, any information which the Department requests to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit.

5. If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly.

(n) All applications, reports, or information required by the Department shall be certified as being true, accurate, and complete.

(o) Reports of compliance or noncompliance with, or any progress reports on, requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each scheduled date.

(p) Any permit noncompliance constitutes a violation of the Safe Drinking Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

(q) It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(r) The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this permit.

(s) This permit may be modified, revoked and reissued, or terminated for cause, as provided in 40 C.F.R. Sections 144.39(a), 144.40(a), and 144.41 (1998). The filing of a request by the permittee for a permit modification, revocation or reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(t) The permittee shall retain all records of all monitoring information concerning the nature and composition of injected fluid until five years after completion of any plugging and abandonment procedures specified under Rule 62-528.435, F.A.C. The permittee shall deliver the records to the Department office that issued the permit at the conclusion of the retention period unless the permittee elects to continue retention of the records.

(u) All reports and other submittals required to comply with this permit shall be signed by a person authorized under subsection 62-528.340(1) or (2), F.A.C. All reports shall contain the certification required in subsection 62-528.340(4), F.A.C.

(v) The permittee shall notify the Department as soon as possible of any planned physical alterations or additions to the permitted facility. In addition, prior approval is required for activities described in paragraph 62-528.410(1)(h), F.A.C.

(w) The permittee shall give advance notice to the Department of any planned changes in the permitted facility or injection activity which may result in noncompliance with permit requirements.

(x) The permittee shall report any noncompliance which may endanger health or the environment including:

1. Any monitoring or other information which indicates that any contaminant may cause an endangerment to an underground source of drinking water; or

2. Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between underground sources of drinking water.

Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

(2) All UIC Construction Permits.

(a) If injection is to continue beyond the expiration date of this permit the permittee shall apply for, and obtain an operation permit. If necessary to complete the two-year operational testing period, the permittee shall apply for renewal of the construction permit at least 60 days prior to the expiration date of this permit.

(b) Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.

(c) The injection system shall be monitored in accordance with paragraphs 62-528.425(1)(g) and subsection 62-528.430(2), F.A.C. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

(d) The permittee shall submit monthly to the Department the results of all injection well and monitor well data required by this permit no later than the last day of the month immediately following the month of record. The results shall be sent to the Department of Environmental Protection, [Name] District Office, [Address]. A copy of this report shall also be sent to the Department of Environmental Protection, Underground Injection Control Program, MS 3530, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(e) Operational testing. Prior to operational testing, the permittee shall comply with the requirements of paragraphs 62-528.450(3)(a), (b) and (c), F.A.C.

(f) Mechanical Integrity.

1. Injection is prohibited until the permittee affirmatively demonstrates that the well has mechanical integrity. Prior to operational testing the permittee shall establish, and thereafter maintain the mechanical integrity of the well at all times.

2. If the Department determines that the injection well lacks mechanical integrity, written notice shall be given to the permittee.

3. Within 48 hours of receiving written notice that the well lacks mechanical integrity, unless the Department requires immediate cessation of injection, the permittee shall cease injection into the well unless the Department allows continued injection pursuant to subparagraph 4. below.

4. The Department shall allow the permittee to continue operation of a well that lacks mechanical integrity if the permittee has made a satisfactory demonstration that fluid movement into or between underground sources of drinking water is not occurring.

(3) All UIC Operation Permits.

(a) In accordance with subsection 62-4.090(1) and paragraph 62-528.455(3)(a), F.A.C., the permittee shall submit an application for permit renewal at least 60 days prior to expiration of this permit.

(b) Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.

(c) The injection system shall be monitored in accordance with paragraph 62-528.425(1)(g) and subsection 62-528.430(2), F.A.C. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

(d) The permittee shall submit monthly to the Department the results of all injection well and monitor well data required by this permit no later than the last day of the month immediately following the month of record. The results shall be sent to the Department of Environmental Protection, [Name] District Office, [Address]. A copy of this report shall also be sent to the Department of Environmental Protection, Underground Injection Control Program, MS 3530, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(e) Mechanical Integrity.

1. The permittee shall maintain the mechanical integrity of the well at all times.

2. If the Department determines that the injection well lacks mechanical integrity, written notice shall be given to the permittee.

3. Within 48 hours of receiving written notice that the well lacks mechanical integrity, unless the Department requires immediate cessation of injection, the permittee shall cease injection into the well unless the Department allows continued injection pursuant to subparagraph 4. below.

4. The Department shall allow the permittee to continue operation of a well that lacks mechanical integrity if the permittee has made a satisfactory demonstration that fluid movement into or between underground sources of drinking water is not occurring.

(4) All UIC Plugging and Abandonment Permits.

(a) The well shall be plugged and abandoned in a manner that will not allow fluid movement into or between underground sources of drinking water.

(b) In accordance with subsection 62-528.435(11), F.A.C., the permittee shall submit to the Department a plugging and abandonment report within 90 days of completion of plugging and abandonment.

History

• Rulemaking Authority 403.061, 403.087, 403.088 FS. Law Implemented 403.061, 403.087, 403.088 FS. History–New 7-15-99.

Fla. Admin. Code R. 62-528.310 Underground Injection Control: Draft Permit

(1) Once an application for a Class I, Class III, or major Class V well is complete, the Department shall prepare a draft permit or intent to deny the permit.

(2) If the Department prepares a draft permit, it shall contain the following information:

(a) The applicable general permit conditions under Rule 62-528.307, F.A.C., and specific permit conditions under this chapter;

(b) All compliance schedules under paragraph 62-528.300(5)(c) and Rule 62-528.345, F.A.C.; and

(c) All monitoring requirements under Rule 62-528.430 or 62-528.620, F.A.C.

(3) All draft permits prepared by the Department under this section shall be accompanied by a fact sheet pursuant to Rule 62-528.335, F.A.C., and shall be based on the administrative record, shall be publicly noticed pursuant to Rule 62-528.315, F.A.C., and made available for public comment pursuant to Rule 62-528.321, F.A.C. The Department shall give notice of an opportunity for a public meeting pursuant to Rule 62-528.325, F.A.C., and respond to comments pursuant to Rule 62-528.330, F.A.C.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.0876 FS. History–New 8-10-95, Amended 7-15-99.

Fla. Admin. Code R. 62-528.315 Underground Injection Control: Requirements for Public Notice

(1) For Class I, Class III, or major Class V wells, the Department shall give public notice that the following actions have occurred:

(a) A draft permit for construction, operation, or plugging and abandonment under Rule 62-528.310, F.A.C., has been prepared.

(b) A draft consent order, or other non-procedural order which has not yet been subjected to a notice of intended agency action has been prepared.

(c) A public meeting has been scheduled pursuant to Rule 62-528.325, F.A.C.

(2) No public notice is required when a request for a permit, including modifications, revocation, reissuance or termination, is denied. Written notice of that denial shall be given to the requester and to the permittee.

(3) Public notices may describe more than one permit or permit action.

(4) Public notice of the preparation of a draft permit shall allow at least 30 days for public comment.

(5) Public notice of a public meeting shall be given at least 30 days before the meeting. Public notice of the meeting may be given at the same time as public notice of the draft permit, or the two notices may be combined.

(6) Public notice of the activities described in subsection (1) above shall be given by the following methods:

(a) By mailing a copy of the notice to the following persons (any person otherwise entitled to receive notice under this subsection may waive his or her rights to receive notice if he or she specifically waives his or her rights in response to the public notice for any classes and categories of permits; agencies listed in subparagraphs 2 through 4 below waive their right to receive notice if they specifically waive their rights in response to the Department’s request to remain on the mailing list):

1. The applicant;

2. Any other agency which the Department knows has issued or is required to issue a permit under Resource Conservation and Recovery Act, National Pollutant Discharge Elimination System, Section 404 of the Clean Water Act, Prevention of Significant Deterioration (or other permit under the Clean Air Act), sludge management permit, or ocean dumping under the Marine Research Protection and Sanctuaries Act for the same facility or activity (including the U.S. Environmental Protection Agency);

3. Federal and state agencies in Florida with jurisdiction over fish, shellfish and wildlife resources, and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation officers, and any affected state including Indian Tribes;

4. For Class I injection well permits, state and local oil and gas regulatory agencies and state agencies regulating mineral exploration and recovery;

5. Persons on a Department mailing list which is to be developed by:

a. Including those who request in writing to be on the list;

b. Soliciting persons for a Department District office list from those participants in past permit proceedings in that district;

c. Notifying the public of the opportunity to be on a mailing list through periodic publication in the public press and in such publications as regional or state funded newsletters, environmental bulletins, or state law journals. The Department shall update the mailing list from time to time by requesting written indication of continued interest from those listed.

6. The primary unit of local government having jurisdiction over the area where the facility is proposed to be located;

7. Each state agency having any authority under state law with respect to the construction or operation of such facility.

(b) A notice in a daily or weekly newspaper having general circulation within the area affected by the facility or activity; and

(c) Any other method reasonably calculated to give actual notice of the action in question to a person potentially affected by it, including press releases or any other forum or medium to elicit public participation.

(7) All public notices issued under this section are prepared by the Department and shall at a minimum contain the following information:

(a) Name and address of the office processing the permit action for which the notice is being given;

(b) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

(c) A brief description of the business conducted at the facility or activity described in the permit application or draft permit;

(d) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, statement of basis or fact sheet, and the application; and

(e) A brief description of the comment procedures described in Rules 62-528.321 and 62-528.325, F.A.C., and the time and place of any public meeting that will be held, including a statement of procedures to request a meeting (unless a meeting has already been scheduled) and other procedures by which the public may participate in the final permit decision.

(f) Any additional information considered necessary to fulfill the purpose of the notice.

(8) Public notices for public meetings. In addition to the general public notice described in subsection (7) above, the public notice of a meeting under Rule 62-528.325, F.A.C., shall contain the following:

(a) Reference to the date of any previous public notices relating to the permit;

(b) Date, time, and place of the meeting;

(c) A brief description of the nature and purpose of the meeting, including the applicable rules and procedures.

(9) In addition to the general public notice described in subsection (7) above, all persons who receive notice under subparagraphs (6)(a)2. and 3. above shall be mailed a copy of the permit application (if any) without supporting documentation, and all persons who receive notice under subparagraphs (6)(a)1., 2., and 3. above shall be mailed a copy of the notice of draft permit (if any) by the Department.

(10) After the conclusion of the public comment period described in Rule 62-528.321, F.A.C., and after the conclusion of a public meeting (if any) described in Rule 62-528.325, F.A.C., the applicant shall publish public notice of the proposed agency action including the availability of an administrative hearing under Sections 120.569 and 120.57, F.S. This public notice shall follow the procedure described in subsection 62-110.106(7), F.A.C.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 120.60, 373.308, 403.061, 403.062 FS. History–New 8-10-95, Amended 6-24-97.

Fla. Admin. Code R. 62-528.321 Public Comments and Requests for Public Meetings for Underground Injection Control

During the public comment period provided in Rule 62-528.315, F.A.C., any interested person may submit written comments on the draft permit or the enforcement action, and may request a public meeting, if no meeting has been scheduled. A request for public meeting shall be in writing and shall state the nature of the issues proposed to be raised in the meeting. All comments shall be considered in making the final decision and shall be answered as provided in Rule 62-528.330, F.A.C.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.061, 403.062 FS. History–New 8-10-95.

Fla. Admin. Code R. 62-528.325 Public Meetings for Underground Injection Control

(1) The Department shall hold a public meeting in the area where the injection well is located whenever it finds, on the basis of requests, a significant degree of public interest in a draft permit;

(2) The Department shall also hold a public meeting in the area where the injection well is located whenever such a meeting may clarify one or more issues involved in the permit decision;

(3) Public notice of the meeting shall be given as specified in Rule 62-528.315, F.A.C.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.061, 403.062, 403.087, 403.121 FS. History–New 8-10-95.

Fla. Admin. Code R. 62-528.330 Underground Injection Control: Response to Public Comment

At the time that a final permit is issued for Class I, Class III, and major Class V wells, the Department shall issue a written response to comments and make the response available to the public. This response shall:

(1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and

(2) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period or any public meeting.

History

• Rulemaking Authority 373.309, 403.087 FS. Law Implemented 373.308, 403.087 FS. History–New 8-10-95.

Fla. Admin. Code R. 62-528.335 Underground Injection Control: Fact Sheet

(1) The Department shall prepare a fact sheet for every draft permit for a Class I, Class III, or major Class V facility or activity and for every draft permit which the Department finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The Department shall send this fact sheet to the applicant and, on request, to any other person.

(2) The fact sheet shall include, when applicable:

(a) A brief description of the type of facility or activity which is the subject of the draft permit;

(b) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, disposed of, injected, or discharged.

(c) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record;

(d) Reasons why any requested variances or alternatives to adopted standards are or are not justified;

(e) A description of the procedures for reaching a final decision on the draft permit including:

1. The beginning and ending dates of the comment period under Rule 62-528.315, F.A.C., and the address where comments will be received;

2. Procedures for requesting a meeting and the nature of that meeting; and

3. Any other procedures by which the public may participate in the permit decision.

(f) Name and telephone number of a person to contact for additional information.

History

• Rulemaking Authority 373.309, 403.087 FS. Law Implemented 373.308, 403.087 FS. History–New 8-10-95.

Fla. Admin. Code R. 62-528.340 Signatories to Permit Applications and Reports for Underground Injection Control

(1) Applications. All permit applications, except those submitted for Class II wells (see subsection (2) of this section), shall be signed as follows:

(a) For a corporation, by a responsible corporate officer. For the purpose of this subsection, a responsible corporate officer means:

1. A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

2. The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

Note: Specific assignments or delegations of authority to responsible corporate officers identified in subparagraph 1. above is not required. The Department will presume that these responsible corporate officers have the requisite authority to sign permit applications unless the corporation has notified the Department to the contrary. Corporate procedures governing authority to sign permit applications may provide for assignment or delegation to applicable corporate positions under subparagraph 2. above rather than to specific individuals.

(b) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or

(c) For a municipality, state, federal, or other public agency, by either a principal executive officer or ranking elected official. For purposes of this subsection, a principal executive officer of a state or federal agency includes the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

(2) Reports. All reports required by permits and other information requested by the Department shall be signed by a person described in subsection (1) of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(a) The authorization is made in writing by a person described in subparagraph (1) of this section;

(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and

(c) The written authorization is submitted to the Department.

(3) Changes to authorization. If an authorization under subsection (2) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subsection (2) of this section shall be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.

(4) Certification. Any person signing a document under subsection (1) or (2) of this section shall make the following certification: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

History

• Rulemaking Authority 373.309, 403.087 FS. Law Implemented 373.308, 403.087 FS. History–New 8-10-95, Amended 6-24-97.

Fla. Admin. Code R. 62-528.345 Compliance Schedules for Underground Injection Control Permits

(1) General. The permit shall, when appropriate, specify a schedule of compliance leading to compliance with any Department rule.

(2) Time for compliance. Any schedules of compliance shall require compliance as soon as possible, and in no case later than three years after the effective date of the permit.

(3) Interim dates. If a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.

(a) The time between interim dates shall not exceed one year.

(b) If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

(4) Reporting. The permit shall be written to require that if subsection (3) of this section is applicable, progress reports be submitted no later than 30 days following each interim date and the final date of compliance.

History

• Rulemaking Authority 373.309, 403.087 FS. Law Implemented 373.308, 403.087 FS. History–New 8-10-95.

Fla. Admin. Code R. 62-528.350 Underground Injection Control: Transfer of Permits

(1) Transfers by modification. Except as provided in subsection (2) of this section, a permit shall be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as are required by Department rules.

(2) Automatic transfers. As an alternative to transfers under subsection (1) of this section, any underground injection control permit for a well not injecting hazardous waste shall be automatically transferred to a new permittee if:

(a) The current permittee notifies the Department at least 30 days in advance of the proposed transfer date referred to in paragraph (b) of this subsection;

(b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer or permit responsibility, coverage, and liability between them, and the notice demonstrates that the financial responsibility requirements of subsection 62-528.435(9), F.A.C., will be met by the new permittee; and

(c) The Department does not notify the existing permittee and the proposed new permittee of the Department’s intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective as of the date specified in the agreement mentioned in paragraph (b) of this subsection.

History

• Rulemaking Authority 373.309, 403.087 FS. Law Implemented 373.308, 403.087 FS. History–New 8-10-95, Amended 6-24-97.

Fla. Admin. Code R. 62-528.355 Underground Injection Control: Permit Modification, Revocation, Termination

(1) When the Department receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit, receives a request for modification or revocation and reissuance, or conducts a review of the permit file) it will determine whether or not one or more of the causes listed in subsections (2) and (3) of this section for modification or revocation and reissuance or both exist. If cause exists, the Department shall modify or revoke and reissue the permit accordingly, subject to the limitations of subsection (4) of this section, and shall request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. If cause does not exist under this section, the Department shall not modify or revoke and reissue the permit. If a permit modification is a minor modification pursuant to subsection 62-528.355(5), F.A.C., the permit shall be modified without a draft permit or public review. Otherwise, a draft permit shall be prepared and other procedures in Rules 62-528.310 through 62-528.335, F.A.C., shall be followed.

(2) Causes for major modification. The following are causes for modification. For Class I hazardous waste injection wells or Class III wells, the following are causes for revocation and reissuance as well as modification; and for all other wells the following are causes for revocation or reissuance as well as modification when the permittee requests or agrees.

(a) Alterations. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different in or absent from the existing permit.

(b) Information. The Department has received information that was not available at the time of permit issuance (other than revised rules, guidance, or test methods) which would have justified the application of different permit conditions at the time of issuance. For multiwell permits, this cause shall include any information indicating that cumulative effects of injection on the environment are inconsistent with this chapter. Permits for Class III wells shall, if necessary to protect waters of the State, be modified during their terms for this cause even if the information was available at the time the permit was issued.

(c) New rules. The rules on which the permit was based have been changed by promulgation of new or amended rules, or by judicial decision after the permit was issued. Permits other than for Class I hazardous waste injection wells or Class III wells shall be modified during their terms for this cause only as follows:

1. For promulgation of amended rules, when:

a. The permit condition requested to be modified was based on a promulgated Chapter 62-528, F.A.C., rule; and

b. The Department has revised, withdrawn, or modified that portion of the rule on which the permit condition was based; and

c. A permittee requests modification within 90 days after publication in the Florida Administrative Register of the proposed revised rule upon which the request is based.

2. For judicial decisions, a court of competent jurisdiction has remanded and stayed Department promulgated rules if the remand and stay concern that portion of the rules on which the permit condition was based and a request is filed by the permittee within ninety (90) days of judicial remand.

(d) Compliance schedules. There is good cause for modification of a compliance schedule such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy.

(3) Causes for modification, termination, or revocation and reissuance. The following are causes to modify, terminate, or, alternatively, revoke and reissue a permit:

(a) Cause exists for termination under 40 C.F.R. pt. 144.40 (1994), and modification or revocation and reissuance is appropriate because modification or revocation and reissuance is consistent with the provisions of this chapter. Causes include:

1. Noncompliance by the permittee with any condition of the permit;

2. The permittee’s failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time; or

3. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination.

(b) The Department has received notification of a proposed transfer of the permit. A permit also shall be modified to reflect a transfer after the effective date of an automatic transfer but shall not be revoked and reissued after the effective date of the transfer except upon the request of the new permittee.

(c) A determination that the waste being injected is a hazardous waste as defined in Rule 62-730.030, F.A.C., either because the definition has been revised, or because a previous determination has been changed.

(4) Facility siting. Suitability of the facility location shall not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.

(5) Minor modifications of permits. Upon the consent of the permittee and the concurrence of the Department, a permit shall be modified to make the corrections or allowances for changes in the permitted activity listed in this paragraph, without following the procedures of Rules 62-528.310 through 62-528.335, and 62-528.355, F.A.C. Minor modifications shall only:

(a) Correct typographical errors;

(b) Require more frequent monitoring or reporting by the permittee;

(c) Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;

(d) Allow for a change in ownership or operational control of a facility when no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Department;

(e) Change quantities or types of fluids injected which are within the capacity of the facility as permitted and would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classification;

(f) Allow minor changes to construction requirements provided that any such alteration complies with the requirements of this chapter; or

(g) Amend a plugging and abandonment plan which has been updated.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.087 FS. History–New 8-10-95, Amended 6-24-97.

Fla. Admin. Code R. 62-528.360 Prohibition of Hazardous Waste Injection

History

• Rulemaking Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.161, 403.721, 403.7222, 403.727 FS. History–New 8-10-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-528.400 General Prohibition of Hazardous Waste Injection

(1) The injection of hazardous waste through any well or septic system is prohibited except for those Class I wells permitted to inject hazardous waste as of January 1, 1992, or as provided in paragraph (2) below.

(2) If a waste being injected into a Class I well is subsequently determined to be a hazardous waste because the definition of a hazardous waste in Chapter 62-730, F.A.C., has been revised, the Department shall initiate modification procedures under Rule 62-4.080, F.A.C., and the permittee shall cease injection into the well upon modification of the permit, unless the waste has been rendered non-hazardous prior to injection. However, if state or federal law or regulation otherwise prohibits continued injection, the Department shall revoke the permit. The conditions of paragraphs (a) through (c) below shall be met during the interim period before the permit in effect expires:

(a) The fluid injected shall not exceed the volume permitted on the date that the waste was determined to be hazardous;

(b) The acidity or alkalinity of the waste stream as measured by pH shall not exceed the limits permitted on the date the injection fluid was determined to be a hazardous waste; and

(c) Concentrations of hazardous constituents in the waste stream shall not increase over those levels permitted on the date the injection fluid was determined to be a hazardous waste. If the concentrations of hazardous constituents are not specified in the permit, the allowable concentration shall be specified by the Department, as described in subsection 62-528.100(2), F.A.C., based on those concentrations present in the waste stream prior to the date the injection fluid was determined to be a hazardous waste.

(3) All hazardous waste injection wells permitted by the Department under the provisions of subsections (1) or (2) above shall be regulated by the Department in accordance with, and maintain compliance with, the provisions of 40 C.F.R. pt. 146, Subpart G (1994), “Criteria and Standards Applicable to Class I Hazardous Waste Wells” and shall be regulated by the U.S. EPA in accordance with 40 C.F.R. pt. 148 (1994), “Hazardous Waste Injection Restrictions.” When applicable, the requirements of 40 C.F.R. pt. 144.14 (1994) shall also apply.

(4) No permit shall be renewed or the expiration date extended for any well permitted to receive hazardous waste under the provisions of subsection (2) above unless the waste has been rendered non-hazardous prior to injection.

(5) For each facility permitted under the provisions of subsection (2) above, the permittee shall submit a plan which describes the following:

(a) The process by which the waste will be rendered non-hazardous; or

(b) The alternative disposal method which is to be used in lieu of injection and the method which is to be used to properly plug and abandon the injection well pursuant to Rule 62-528.435, F.A.C.

(6) The permittee shall submit the plan required by subsection (5) above to the Department within 180 days of the date that the injection fluid was determined to be a hazardous waste.

History

• Rulemaking Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.161, 403.702, 403.721, 403.7222 FS. History–New 5-8-85, Formerly 17-28.20, Amended 4-27-89, Formerly 17-28.200, 62-28.200, Amended 8-10-95, 6-24-97.

Fla. Admin. Code R. 62-528.405 Evaluation of Geologic and Hydrologic Environment for Class I and III Wells

(1) General.

(a) Class I Wells. An applicant for an injection well shall demonstrate that the hydrogeologic environment is suitable for waste injection as provided in paragraph 62-528.440(2)(c), F.A.C., and without modifying the ambient water quality of other aquifers overlying the injection zone. In the Class I well construction permit application, the applicant shall address the proposed testing and sampling procedures for adequately defining the depth at which total dissolved solids exceed 10,000 mg/L in formation waters. An assessment of the lateral position at which total dissolved solids exceed 10,000 mg/L in the injection zone waters shall also be provided. The Department shall, when necessary to protect underground sources of drinking water, request that the applicant provide, in addition to site-specific and area of review information, regional information that will allow prediction of the regional impact of the proposed injection well.

(b) Class III Wells.

1. The Department shall evaluate each proposed mining operation for potential effects of the mining activity on the underground sources of drinking water. The Department shall, at a minimum, consider the effects of depressurization of the aquifer on the water quality of any underground source of drinking water. An applicant for a Class III injection well project shall demonstrate that the hydrogeologic environment is suitable for injection for extraction of minerals or energy without endangering the underground sources of drinking water.

2. No Class III mining activity shall be allowed in an underground source of drinking water, or shall result in a violation of ground water standards. If the proposed mining activity is in an underground source of drinking water, an aquifer exemption pursuant to subsection 62-528.300(3), F.A.C., shall be obtained prior to the well being placed into operation.

(2) Confining Zone.

(a) Class I Wells.

At least one confining zone above the injection zone is required. The applicant shall demonstrate that the confining zone(s) has sufficient areal extent, thickness, lithologic and hydraulic characteristics to prevent fluid migration into underground sources of drinking water.

(b) Class III Wells.

If an underground source of drinking water exists above or below the proposed mining zone, a confining zone is required between the mining zone and the underground source of drinking water. The confining zone must be of such thickness, areal extent, and permeability to constrain the effects of the mining to the mining zone, and the integrity of the confining zone must be maintained for the life of the project.

(c) Testing of Confining Zone for Class I and III Wells.

The proposed methodology for testing the confining zone shall be submitted to the Department as part of the permit application. The applicant shall provide sufficient data such as geophysical logs, lithologic cores, physical core analysis, borehole video television surveys, water samples, and drill stem tests (or aquifer tests) to adequately demonstrate the confining characteristics of the bed. A monitoring system is required, which shall include one or more on-site monitor well(s), designed to confirm the long-term effectiveness of the confining zone. The following geophysical logs shall be considered for use in determining if adequate confinement is present:

1. Resistivity log;

2. Natural gamma-ray;

3. Fluid conductance log;

4. Caliper log;

5. Static and pumping temperature log;

6. Static and pumping spinner flowmeter;

7. Acoustic velocity; and

8. Porosity log.

(3) Injection Zone for Class I Wells.

(a) The applicant shall demonstrate that the proposed injection zone has sufficient extent, thickness, lithologic and hydraulic characteristics to adequately receive waste.

(b) The proposed methodology for testing the injection zone shall be submitted as part of the permit application to the Department. The purpose of testing the injection zone is to demonstrate the zone’s capacity for receiving injected fluid. The applicant shall demonstrate the suitability of a proposed zone by determining the hydraulic characteristics, lithology, thickness, extent, and compatibility of injection and formation fluids. Testing of the injection zone shall include a pumping injection test at a flow rate of not less than the maximum design capacity of the well, and of such duration that can demonstrate the trend of the injection pressure on the long-term operating conditions. If an adequate water supply for the injection test does not exist, and the data collected during drilling provide assurance of the presence of confining bed(s), the applicant shall, after demonstrating mechanical integrity pursuant to subparagraphs 62-528.300(6)(b)2. and (c), F.A.C., be allowed to use secondarily treated domestic wastewater effluent after disinfection or desalination concentrate for testing only with specific prior written authorization from the Department as described in subsection 62-528.100(2), F.A.C. Methods to be considered for testing the injection zone include:

1. Water samples;

2. Withdrawal tests;

3. Video television survey;

4. Lithologic cores;

5. Drill cuttings.

6. Geophysical surveys such as:

a. Resistivity survey;

b. Natural gamma-ray;

c. Fluid conductance survey;

d. Caliper survey;

e. Static and pumping temperature survey;

f. Static and pumping spinner flowmeter;

g. Acoustic velocity; and

h. Porosity survey.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.721 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.21, 17-28.210, 62-28.210, Amended 8-10-95, 6-24-97.

Fla. Admin. Code R. 62-528.410 Well Construction Standards for Class I and III Wells

(1) General Design Considerations.

(a) All Class I and III wells shall be cased and cemented to prevent the movement of fluids into or between underground sources of drinking water, and to maintain the ground water quality in aquifers above the injection zone that may be used for monitoring or other purposes.

(b) All Class I wells shall be designed and constructed so that they inject into a formation which is beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water.

(c) In the design specifications for a Class I well, the applicant shall address the problem of corrosion, proposed protective measure(s), and, when appropriate, proposed methods of monitoring. The applicant shall consider thickness and type of cement, number and thickness of casings, casing material, casing coatings, formation fluid (water) quality, injection fluid quality and life expectancy of the well.

(d) For Class I wells all outer surfaces of uncemented casings or portions of casings shall be coated or otherwise protected against corrosion. This protection shall extend for a minimum distance of thirty feet above and below the uncemented portion of the casing.

(e) All Class I injection wells, except those municipal wells (publicly or privately owned) injecting noncorrosive wastes, shall inject fluids through tubing with a packer set immediately above the injection zone, or tubing with an approved fluid seal as an alternative. All existing non-municipal wells constructed without tubing and packer or a fluid seal shall modify their design to incorporate a tubing and packer or fluid seal no later than July 1, 1997, or cease injection unless an alternative to a packer has been approved by the Department under subparagraph 1., below. Existing wells receiving non-municipal waste through a tubing and packer shall not be allowed to remove the tubing and packer as long as injection of non-municipal waste continues unless an alternative to a packer has been approved by the Department under subparagraph 1., below. The tubing, packer, and fluid seal shall be designed for the expected service.

1. The use of other alternatives to a packer shall be allowed with the written approval of the Department. To obtain approval, the applicant shall submit to the Department a written request which shall set forth the proposed alternative and all technical data supporting its use. The Department shall approve the request if the applicant demonstrates that the alternative method will reliably provide a comparable level of protection to underground sources of drinking water.

2. In determining and specifying requirements for tubing, packer, or alternatives, the following factors shall be considered:

a. Depth of setting;

b. Characteristics of injection fluid (chemical content, corrosiveness, and density);

c. Injection pressure;

d. Annular pressure;

e. Rate, temperature and volume of injected fluid; and

f. Size of casing.

(f) For Class I wells the following designs are not allowed:

1. Annuli between casings open to the land surface in any injection well, and

2. Monitoring tubes emplaced and cemented in the annulus adjacent to the innermost or injection string of casing.

(g) For all Class I wells, the applicant shall address potential surge and water hammer protection to protect the safety and integrity of any injection well system.

(h) Department approval, as described in subsection 62-528.100(2), F.A.C., is required prior to any of the following:

1. Remedial procedures that alter the basic design specifications, materials, or character of a Class I or III well;

2. Any work requiring the complete removal of the wellhead; or

3. Any injection of fluids other than those authorized under the existing permit.

(2) Exploratory Pilot Hole.

The Department shall require an exploratory pilot hole in any Class I well, or for Class III wells, at any proposed injection well site, and shall require that the hole be drilled in stages. The Department shall waive the requirements of this subsection if the applicant can demonstrate that they are not needed to protect underground sources of drinking water and that waiving the requirements will not adversely affect the successful construction or operation of the well.

(3) Drilling.

A step-by-step drilling plan shall be included in the design specifications for Class I and III wells. The drilling plan shall specify the proposed drilling program, sampling, coring, and testing procedures, and is subject to Department approval.

(a) For Class I wells, a deviation survey shall be run in the pilot hole at least every ninety feet (every three joints) of the portion of the well which is to be cased and at more frequent intervals when necessary to ensure that the casing can be set and centered for cementing. The maximum deviation at each measurement shall not exceed one degree deviation from vertical. The Department recognizes that the design requirements in this section are not necessary in all cases. The Department shall modify these requirements in the construction permit provided that the applicant submits proof that such modification will not adversely affect the successful construction and future operation of the well.

(b) For Class I wells, the Department shall require directional surveys, if, after an analysis of the well design and drilling program, it is needed to verify that the reamed hole has followed the pilot hole. The directional survey shall be conducted during drilling or in the pilot hole and the reamed hole as separate surveys before installation of the casing.

(c) The Department shall require the applicant to demonstrate that when salt is used for density control during drilling it will not adversely affect the establishment of background water quality for monitoring purposes.

(4) Casings.

(a) The casings used in the construction of each newly drilled Class I and III well shall be designed for the life expectancy of the well, and shall be new and unused for Class I wells.

(b) The number, thickness, type of materials, and length of casing shall be sufficient to protect the quality of drinking water resources and the integrity of the well and the confining strata. The final string of casing shall be made of seamless mild steel pipe having a minimum 0.500 inch wall thickness. An applicant who proposes to use pipe composed of other than 0.500 inch wall seamless mild steel for the final casing shall demonstrate that the proposed material and thicknesses will not compromise the integrity or operation of the well.

(c) Exact setting depths of all casings or tubing shall be determined from field data, based on all available information. Department approval shall be obtained prior to installation of the injection casing and the casing which extends to the base of the underground source of drinking water. In order to obtain approval, the permittee shall submit a request to the Department. The Department shall approve the request if the proposed setting depth of the casing or tubing meets the requirements of this chapter and will not adversely affect the operation of the injection well.

(5) Cementing.

(a) The applicant shall submit the proposed cementing program with the design specifications for Class I or III wells. The cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered:

1. Depth to the injection zone;

2. Injection pressure, external pressure, internal pressure, and axial loading;

3. Hole size;

4. Size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification, and construction material);

5. Corrosiveness of injected fluid, formation fluids, and temperatures;

6. Lithology of injection and confining zones; and

7. Type or grade of cement.

(b) Cement must be compatible with the injection fluid, native fluids, and the formation, but in no case less than the quality of American Society of Testing and Materials Type 2 or its equivalent (Standard Specification for Portland Cement, American National Standards Institute/American Society of Testing and Materials C 150-94, 1994, which is incorporated herein by reference).

(c) Applicants shall submit with the design specifications, a list of cement additives which may be needed in the operation. If an additive is not in the design specifications, the applicant shall obtain prior approval for its use from the Department, as described in subsection 62-528.100(2), F.A.C. Accurate records shall be kept and all additives used shall be reported.

(d) During drilling, the use of cement additives approved in paragraph (c) above, water/cement ratio, and the type of water used for mixing shall be determined by the applicant, provided the integrity, containment, corrosion protection, and structural strength of the cement are not significantly affected.

(e) Prior to cementing, the hole shall be conditioned to create optimum bonding of the cement to the casing and formation and to prevent channeling.

(f) Cement placement shall be in such a manner that the purposes and characteristics of the cement are retained, and shall be in accordance with “AWWA Standard for Water Wells”, American Water Works Association A100-90, 1990, which is incorporated herein by reference.

(g) The applicant shall submit his cement testing program with the permit application. The purpose of the cement testing program is to ensure that the cement seal is adequate to prevent migration of fluids in channels, microannular space, or voids in the cement. The methods of testing include:

1. Temperature Survey – shall be run within forty-eight hours after cementing;

2. Cement Evaluation Survey.

(h) During cementing, adequate pressure differentials shall be maintained to prevent collapse or distortion of the casing.

(i) Class I wells.

1. The final string of casing shall have a nominal overdrill of ten inches unless the applicant can affirmatively demonstrate that an overdrill of not less than five inches is sufficient. The annulus surrounding the final string of casing shall have a nominal five inch cement thickness from the bottom of the casing to land surface. The Department recognizes that these design requirements may not be necessary in all cases. The Department shall modify these requirements in the construction permit if the applicant submits proof that such modification will not adversely affect the successful construction and future operation of the well in such a way as to threaten an underground source of drinking water with contamination.

2. The remaining casings shall have a minimum thickness of 2.500 inches of cement surrounding the casings with not less than five inches of overdrill. A nominal ten inch overdrill shall be required with any intermediate string of casing for which an annular monitor tube of up to 2.375 inches maximum outer diameter is to be emplaced. Commensurate increases in the overdrill shall be required for monitor tubes larger than 2.375 inches in outer diameter.

3. The applicant shall include with the cementing program a centralizing program for the purpose of centralizing the casing, to provide adequate annular space around the casing for proper cementing.

(6) Testing During Drilling and Construction of New Class I Wells.

(a) Geophysical surveys and other tests shall be conducted during the drilling and construction of new Class I wells. A descriptive report interpreting the results of such geophysical surveys and tests shall be presented to the Technical Advisory Committee during in-progress reviews, as part of periodic progress reports, or in letter form as appropriate. Such reports shall include field copies of the surveys and test data and analysis results at the level required to support field decisions made during drilling or proposed during in-progress reviews. Such surveys and tests shall include:

1. Deviation checks shall be in accordance with subsection 62-528.410(3), F.A.C. Such checks shall be at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling.

2. Such other geophysical surveys and tests as are needed after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information that may arise as the construction of the well progresses. In determining which geophysical surveys and tests shall be required, the following geophysical surveys shall be considered for use in the following situations:

a. For surface casing intended to protect underground sources of drinking water a resistivity, sonic survey, gamma ray, spontaneous potential, and mechanical or sonar caliper surveys before the casing is installed, and a cement evaluation or temperature survey after the casing is set and cemented.

b. For intermediate and long strings of casing intended to facilitate injection a resistivity, spontaneous potential, porosity, fracture finder surveys and gamma ray surveys before the casing is installed, and a cement evaluation, temperature, or density survey after the casing is set and cemented.

c. For Class I wells in which an annular monitor tube is proposed for other than the final or innermost casing a caliper survey in the reamed hole which is to contain the monitor tube, and a temperature survey in the monitor tube after the monitor tube has been set and cemented.

(b) The following information concerning the injection formation shall be determined or calculated for new Class I wells:

1. Fluid pressure;

2. Temperature;

3. Fracture pressure;

4. Other physical and chemical characteristics of the injection matrix; and

5. Physical and chemical characteristics of the formation fluids.

(7) Testing of Completed Class I Wells.

Upon completion of construction, the completed wells shall be tested to assure that the wells will function as built. Tests to be performed include:

(a) Cement evaluation survey;

(b) Temperature survey;

(c) Pressure test of the final casing to at least 1.5 times the expected injection pressure or 50 pounds per square inch, whichever is greater, for one hour, with a change in pressure of no more than five percent from the initial test pressure;

(d) Video television survey – from top to bottom of the well for baseline monitoring purposes;

(e) Injection tests;

(f) Withdrawal tests – if necessary and if possible;

(g) Caliper survey; and

(h) Radioactive tracer survey.

(8) Testing of Class III Wells.

(a) Geophysical surveys and other tests shall be conducted during the drilling and construction of new Class III wells. Upon completion of construction, the completed well system shall be tested to assure that the well system will function properly at the designed operation pressures. A descriptive report interpreting the results of such surveys and tests shall be prepared and submitted to the Department. The surveys and tests appropriate to each type of Class III well shall be determined based on the intended function, depth, construction and other characteristics of the well, availability of similar data in the area of the drilling site and the need for additional information as the construction of the well progresses. Such surveys and tests shall include deviation checks conducted on all holes where pilot holes and reaming are used, at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling.

(b) Where the injection zone is a water bearing formation, the following information concerning the injection zone shall be determined or calculated for new Class III wells:

1. Fluid pressure;

2. Temperature;

3. Fracture pressure;

4. Other physical and chemical characteristics of the injection zone;

5. Physical and chemical characteristics of the formation fluids; and

6. Compatibility of injected fluids with formation fluids.

(c) Where the injection formation is not a water bearing formation, the information in subparagraphs (b)3. and (b)4. of this subsection shall be submitted.

(9) Environmental Concerns During Construction.

(a) For Class I and III wells, the disposal of drilling fluids or cuttings and the disposal of formation water or waste during testing shall be done in a sound environmental manner that avoids violation of surface and ground water quality standards. The applicant shall submit the proposed disposal methods with the permit application.

(b) For Class I wells the use of drilling pads is required. The pads shall be designed to collect spillage of contaminants and to support the heaviest load that will be encountered during drilling. At locations where the unconfined aquifer contains less than 10,000 mg/L total dissolved solids, monitor wells capable of detecting any contamination of the unconfined aquifer from drilling activities shall be required.

(c) For Class I wells, flow control shall be used when drilling into formations in which pressure heads exceed land surface, to prevent uncontrolled release of formation or drilling fluids at land surface.

(d) For Class III wells, the applicant is advised that other permits may be required for surface facilities associated with the mining activity.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History–New 4-1-82, Amended 5-8-85, Formerly 17-28.22, 17-28.220, 62-28.220, Amended 8-10-95, 6-24-97.

Fla. Admin. Code R. 62-528.415 Operation Requirements for Class I and III Wells

(1) Class I Well Operation Requirements.

Operation requirements for Class I wells shall specify that:

(a) To preserve the integrity of the formations, bottom hole (including hydrostatic) pressure shall not exceed a maximum so as to ensure that the injection pressure does not initiate new fractures or propagate existing fractures in the injection zone, initiate fractures in the confining zone, significantly alter the fluid containment capabilities of the confining zone, or cause the movement of injection or formation fluids into an underground source of drinking water or into an essential monitoring zone;

(b) To protect the integrity of the well structure, total pressure shall not exceed the maximum allowable stress of the materials used to construct the well;

(c) The maximum sustained injection pressure shall not exceed two-thirds of the most recent mechanical integrity test pressure.

(d) Injection for disposal purposes is prohibited:

1. Between the casings protecting the underground sources of drinking water and the well bore;

2. Through monitor wells or annular monitor tubes; or

3. Through wells designed to monitor the injection zone except when specifically designed as a temporary or standby injection well or approved (in writing) for emergency discharge use.

(e) Unless an alternative to a packer has been approved under subparagraph 62-528.410(1)(e)1., F.A.C., the annulus between the tubing, where required, and the final or innermost string of casing shall be filled with a fluid and a pressure shall be maintained on the annulus. Both the type of fluid and the proposed pressure shall be submitted as part of the construction permit approved by the Department;

(f) Injection Fluid Velocity.

1. The maximum velocity of injected fluid shall not exceed the point where the mechanical limits of the well design or structure of the formation will be adversely affected.

2. Except as provided in 3. below, the maximum injection velocity of a well that begins operation after June 1, 1985, shall not exceed a peak hourly flow of ten feet per second (ft/sec), unless the applicant demonstrates that higher velocities will not compromise the integrity or operation of the well.

3. An injection system may be designed to allow an injection velocity not to exceed a peak hourly flow of 12 ft/sec during planned testing, maintenance, or emergency conditions when one or more wells are taken out of service if the permittee provides the Department with reasonable assurance that the higher velocities will not compromise the integrity or operation of the well(s).

(2) Class III Well Operation Requirements. Operation requirements prescribed for Class III wells shall specify that:

(a) Injection pressure at the wellhead shall not exceed a maximum which shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone, initiate fractures in the confining zone or cause the migration of injection or formation fluids into an underground source of drinking water; and

(b) Injection between the casings protecting underground sources of drinking water and the well bore is prohibited;

(c) Where the proposed mining operation includes mining a portion of the confining zone, a sufficient amount of confining zone must remain to provide an effective confinement that protects aquifers above and below the mining area.

(3) Operation and Maintenance Manual.

(a) An operation and maintenance manual(s) for injection well disposal facilities, or portions thereof, shall be prepared for the use of operators, maintenance personnel, technicians, laboratory personnel, and others as appropriate, and shall consist of:

1. Written instructions provided to the injection system operators which specify:

a. Procedures for the safe reliable operation of the system; and

b. Procedures to be used in the event of an emergency.

2. Records of the basic engineering design and equipment description; and

3. A program to assure proper maintenance of the system.

(b) The operation and maintenance manual(s) is subject to approval by the Department under Rule 62-4.240, F.A.C., prior to issuance of a permit and shall be submitted to the Department.

(c) A copy of the approved manual shall be provided to the operators, maintenance personnel, technicians, laboratory personnel, and others as appropriate, by the permittee of the facility. The manual(s) shall be available for reference at the facility or other site readily available to the operator.

(d) The manual shall be revised to reflect any facility modifications performed in order to comply with the requirements of this chapter or to reflect experience resulting from facility operation.

(4) Abnormal Events.

(a) In the event the permittee is temporarily unable to comply with any of the conditions of a permit due to breakdown of equipment, power outages, destruction by hazard of fire, wind, or by other cause, the permittee of the facility shall notify the Department. Notification shall be made in person, by telephone, or by telegraph within 24 hours of breakdown or malfunction to the office of the Department that issued the permit.

(b) A written report of any noncompliance referenced in paragraph (a) above shall be submitted to the appropriate district office within five days after its occurrence. The report shall describe the nature and cause of the breakdown or malfunction, the steps being taken or planned to be taken to correct the problem and prevent its reoccurrence, emergency procedures in use pending correction of the problem, and the time when the facility will again be operating in accordance with permit conditions.

(c) Emergency Discharge.

1. Under emergency conditions in which the permittee is unable to use the permitted primary disposal method, the permittee shall use an emergency discharge only if a permit for the emergency method has been obtained prior to the emergency discharge. The permittee shall notify the Department office that issued the permit whenever the emergency discharge has been used.

2. The applicant shall address the emergency disposal methods in the construction permit application and the operation manual. The emergency discharge shall be fully operational and the permittee for a Class I well shall obtain all permits required to operate the emergency discharge prior to any emergency discharge.

(d) In the event a well must be redeveloped, the applicant shall address disposal of backwashed fluids in a written submittal to the Department. The redevelopment of the well, including the disposal method, shall be approved by the Department in writing if it meets all applicable Department rules and it will not adversely affect the construction or operation of the well.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.161 FS. History–New 4-1-82, Amended 5-8-85, Formerly 17-28.23, 17-28.230, 62-28.230, Amended 8-10-95, 6-24-97.

Fla. Admin. Code R. 62-528.420 Monitoring Well Construction Standards for Class I and III Wells

(1) General Design Considerations.

(a) For Class I wells, associated on-site, cluster, multihorizon, or annular monitoring wells shall not penetrate the injection zone or final confining bed.

(b) For satellite and regional monitor wells associated with Class I wells, cluster or multihorizon monitoring wells shall be allowed to penetrate the injection zone or final confining bed only if the applicant demonstrates that the underground sources of drinking water and confining strata will be protected, the integrity of the monitoring and injection well system will be protected, and the well is designed in such a way that it can be easily repaired.

(c) All monitoring wells constructed for Class III injection operations shall be constructed in accordance with Chapter 62-532, F.A.C.

(d) Department approval by permit modification is required prior to any remedial procedures that alter the basic design specifications.

(2) Exploratory Pilot Hole.

For Class I wells, the Department shall require an exploratory pilot hole and shall require that the hole be drilled in stages. The Department shall waive the requirements of this subsection if the applicant can demonstrate that they are not needed to protect underground sources of drinking water and that waiving the requirements will not adversely affect the successful construction or operation of the monitor well.

(3) Drilling.

The Department shall require that a step-by-step drilling plan be submitted with the design specifications.

(4) Casings and Tubing.

(a) The casings or tubing used in the construction of each newly drilled well shall be designed for the life expectancy of the well.

(b) The number, thickness, type of material, and length of casing or tubing shall be sufficient to protect the quality of drinking water resources and the integrity of the well and confining strata. The type of materials used in the monitoring well shall not bias the sampling parameters used in the monitoring program.

(c) Exact setting depths for all casings or monitor tubing shall be determined from field data, based on all available information. Department approval shall be obtained prior to installation of the monitor casing. In order to obtain approval, the permittee shall submit a request to the Department. The Department shall approve the request if the proposed setting depth of the casing or tubing meets the monitoring requirements of this chapter and will not adversely affect the operation of the injection well.

(5) Cementing.

(a) The applicant shall submit the proposed cementing program with the design specifications. The cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well. The applicant shall submit a list of proposed additives with the construction permit application.

(b) Cement must be compatible with the native fluids and the formation, but in no case less than the quality of American Society for Testing and Materials Type 2 or its equivalent (Standard Specification for Portland Cement, American National Standards Institute/American Society for Testing and Materials C 150-94, 1994).

(c) Cement placement shall be in such a manner that the purposes and characteristics of the cement are retained, and shall be in accordance with “AWWA Standard for Water Wells”, American Water Works Association A100-90, 1990.

(d) The applicant shall submit his cement testing program with the permit application for Department approval.

(e) For Class I monitor wells other than annular monitor wells, a nominal thickness of 2.5 inches of cement surrounding the casings with not less than five inches of overdrill is required, except for the annulus being used for monitoring in wells with open annulus monitoring.

(f) All casings and tubing shall be centralized where possible to ensure uniform cementing.

(g) All outer surfaces of casing or tubing which are uncemented shall be protected from corrosion for a minimum of thirty feet above and below the uncemented portion.

(6) Testing of Monitoring Well Construction.

Test to be considered by the applicant shall include:

(a) Cement evaluation survey.

(b) Temperature survey.

(c) Oxygen activation log.

(d) Noise log.

(e) Pressure test to at least 1.5 times the expected ultimate monitoring pressure but not less than 50 pounds per square inch for one hour.

(f) A pumping test to determine if the monitor well has sufficient capacity to yield a representative ground water sample.

(g) Chemical analyses of water from strata tapped by well.

(h) Water level measurement referenced to National Geodetic Vertical Datum (NGVD) of 1929.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.161 FS. History–New 4-1-82, Amended 5-8-85, Formerly 17-28.24, 17-28.240, 62-28.240, Amended 8-10-95.

Fla. Admin. Code R. 62-528.425 Monitoring Requirements for Class I and III Wells

(1) Class I Wells. For Class I wells, monitoring requirements shall include:

(a) The analysis of the injected fluids at a frequency specified in the permit to yield representative data on their characteristics;

(b) The installation and use of continuous indicating, recording, and totalizing devices to monitor flow rate and volume, and installation and use of continuous indicating and recording devices to monitor the injection pressure and the pressure on the annulus between the tubing and the final or innermost string of casing, if there is an annulus;

(c) A controlled injection test or a bottom hole pressure survey, if a long-term trend of increasing injection pressure is indicated.

(d) A demonstration of mechanical integrity pursuant to subsection 62-528.300(6), F.A.C., at least once every five years during the life of the well; and

1. As part of the baseline monitoring information, a video television survey from the surface to the bottom of the injection zone shall be run prior to injection but after completion of testing, except for those wells that inject through tubing or where it is physically impossible to do so, and every five years thereafter, or more frequently if impairment of the integrity of the casing, tubing, or formation is suspected based on physical or geochemical data such as water quality, pressure changes, or mechanical integrity results.

2. The television survey may be either black and white or color.

3. Adequate provisions shall be made to centralize the camera in the borehole.

4. Before running the survey, adequate provisions shall be made to assure that fluid in both the casing and open borehole is of sufficient clarity to provide a baseline survey of a quality acceptable to the Department.

(e) An application to construct or operate a Class I well, and such permit shall address the following:

1. The type, number, and location of well(s) within the area of review to be used to monitor:

a. Any potential migration of fluids into or in the direction of underground sources of drinking water, and

b. Pressure in the underground sources of drinking water;

2. The parameters to be measured; and

3. The frequency of monitoring.

(f) The background water quality of the injection zone and the monitoring zone(s) shall be determined prior to injection for both domestic wastewater wells and industrial Class I wells (including desalination process reject water), in accordance with the sampling and testing methods outlined in Rule 62-601.400, F.A.C. Background levels shall be determined pursuant to the following criteria:

1. For monitor zones in Class G-I, F-I, G-II or G-III ground waters the primary and secondary drinking water quality parameters listed in Rules 62-550.310 and 62-550.320, F.A.C., and the minimum criteria provided in Rule 62-520.400, F.A.C.

2. For the injection zone and monitor zones in G-IV ground water the criteria shall be established in accordance with Rule 62-520.440, F.A.C.

(g) The Department shall require monitor wells above the injection zone near the injection well, field or project.

1. The permittee shall be able to monitor the following:

a. The absence of fluid movement adjacent to the well bore, and

b. The long-term effectiveness of the confining zone.

2. Monitor wells used to meet the requirements of subparagraph 1. above shall be sampled periodically. The frequency of sampling and constituents to be analyzed shall be specified in the permit and shall be representative of the monitored activity.

3. Monitor wells used to meet the requirements of 1.a. above shall be located within 150 feet of the injection well unless the applicant can demonstrate, through a hydrogeologic study, that a monitor well located at a greater distance will be capable of adequately monitoring fluid movement adjacent to the borehole.

4. The permittee shall monitor a zone below the base of the underground source of drinking water, if a zone is available, and at least one zone within, and near the base of, the underground source of drinking water.

5. The Department shall also require any of the following when needed to provide reasonable assurance that the requirements of 1. above are being met:

a. Continuous monitoring for pressure changes in the first aquifer overlying the confining zone.

b. Continuous monitoring for pressure changes in any monitor well constructed under subparagraph 1. above.

c. Periodic monitoring of ground water quality in the first aquifer overlying the injection zone.

d. Periodic monitoring of ground water quality in the lowermost underground source of drinking water.

e. Periodic additional monitoring to determine whether fluid movement caused by underground injection activity is occurring into or between underground sources of drinking water.

(h) The Department shall require monitor wells above and in the injection zone at a sufficient distance from the well, field or project for regional monitoring if such monitoring is necessary to protect waters of the State.

(i) When direct monitoring required under paragraph (g) above can not be provided or the results of such monitoring fail to provide reasonable assurance, the Department shall require the additional use of indirect geophysical techniques and computer modeling or such other techniques capable of providing reasonable assurance as to:

1. The position of the waste front,

2. The water quality in a formation or zone, or

3. Other site specific data.

(j) For Class I wells, a five gallon unacidized representative sample of native water from the injection zone shall where practical be collected and provided to the Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or a laboratory specified by the Department.

(k) Post-closure Monitoring. For Class I wells, if necessary to protect underground sources of drinking water the permit applicant shall be required to submit a post-closure monitoring plan designed to monitor the attenuation of any pressure effects and water quality changes caused by the underground injection operation both in the injection zone or in overlying aquifers. The proposed monitoring plan shall at a minimum use the injection wells and associated monitor wells, to the extent that they are capable of yielding representative ground water samples. The proposed monitoring plan may also include other accessible wells.

1. Items to be addressed by the permit applicant in the proposed post-closure monitoring plan shall include:

a. Designation of the wells to be used for post-closure monitoring;

b. The parameters to be monitored, by well;

c. The sampling frequency;

d. The proposed duration of the post-closure monitoring period; and

e. A documented estimate of the total cost of the post-closure monitoring program.

2. A revision of the post-closure monitoring plan shall be required by the Department when needed to reflect changes in the design or scope of the underground injection operation, inflation of costs associated with the plan, or other factors resulting from the construction or operation of the injection well system. The permittee also may initiate modification of the post-closure monitoring plan.

(2) Class III Wells. For Class III wells, monitoring requirements shall specify:

(a) The analyses of the physical and chemical characteristics of the injected fluid with sufficient frequency to yield representative data on its characteristics;

(b) Installation and use of continuous recording devices to monitor the injection pressure, flow rate and volume;

(c) The demonstration of mechanical integrity pursuant to subsection 62-528.300(6), F.A.C., at least once every five years during the life of the well;

(d) Weekly monitoring of fluid level and of the parameters chosen to measure water quality in the injection zone with sufficient frequency to yield representative data on its characteristics;

(e) Quarterly monitoring of wells adjacent to the injection site to detect any migration from the injection zone into an underground source of drinking water;

(f) All Class III wells may be monitored on a field or project basis rather than an individual well basis by manifold monitoring. Manifold monitoring may be used in cases of facilities consisting of more than one injection well operating with a common manifold. Separate monitoring systems for each well are not required provided the permittee demonstrates that manifold monitoring is comparable to individual well monitoring;

(g) The applicant shall continue monitoring after mining operations cease if site-specific factors or operational monitoring results indicate that there is a threat to an underground source of drinking water. Such monitoring shall continue until no threat remains. If the monitoring reveals violations, the permittee shall investigate and take corrective action.

(h) Monitoring Criteria.

1. Where injection is into a formation which contains water with less than 10,000 mg/L total dissolved solids, monitoring wells shall be completed into the injection zone and into any underground sources of drinking water which could be affected by the mining operation. These wells shall be located as to detect any excursion of injected fluids, process by-products, or formation fluids outside the mining area or zone. If the operation may be affected by subsidence or catastrophic collapse, the monitoring wells shall be located so that they will not be physically affected.

2. Where injection is into a formation which does not contain water with less than 10,000 mg/L total dissolved solids, monitoring wells shall be required above and in the injection zone if necessary to protect underground sources of drinking water.

3. Where the injection wells penetrate an underground source of drinking water in an area subject to subsidence or catastrophic collapse an adequate number of monitoring wells shall be completed into the underground source of drinking water to detect any movement of injected fluids, process by-products or formation fluids into the underground source of drinking water. The monitoring wells shall be located outside the physical influence of the subsidence or catastrophic collapse.

4. The Department shall require monitoring for subsidence if necessary to protect property or underground sources of drinking water.

(i) In determining the number, location, construction and frequency of monitoring of the monitoring wells, the following criteria shall be used:

1. The population relying on the underground source of drinking water affected or potentially affected by the injection operation;

2. The proximity of the injection operation to points of withdrawal of drinking water;

3. The local geology and hydrology;

4. The operating pressures and whether a negative pressure gradient is being maintained;

5. The toxicity and volume of the injected fluid, the formation water, and the process by-products; and

6. Number of injection wells per unit area.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.161 FS. History–New 4-1-82, Amended 5-8-85, Formerly 17-28.25, 17-28.250, 62-28.250, Amended 8-10-95, 6-24-97.

Fla. Admin. Code R. 62-528.430 Reporting Requirements for Class I and III Wells

(1) Class I Test/Injection Well Construction Permit.

(a) The Department shall require periodic data reports and progress reports that include:

1. Driller’s log;

2. Geophysical surveys;

3. Core analyses;

4. Lithologic logs;

5. Drill stem tests;

6. Pump tests;

7. Daily job (construction) reports; and

8. Water quality analyses.

(b) The frequency of reporting shall be specified in the individual permit.

(c) Interpretation of data is required in the data reports or progress reports at the completion of each significant phase of construction, such as completion of test well construction and testing, completion of injection well construction, and completion of injection well testing.

(d) The permittee shall provide direct distribution of the data reports, progress reports, and final reports to members of the Technical Advisory Committee.

(e) The applicant shall submit final reports of all data collected from the test injection well with interpretations, to the Department with the application for a Class I Test/Injection Well Construction and Testing Permit and a Class I Injection Well Operation Permit. The final report submitted with the application for a Class I Injection Well Operation Permit shall include all information and data collected under subsections 62-528.450(2) and (3), F.A.C., with appropriate interpretations.

(2) Class I Injection Well Permit.

(a) The applicant shall submit, as part of the permit application, the proposed methodology for collection and reporting of operational data, to ensure that the data is collected, correlated, and reported in a fashion that would enable the Department to evaluate well performance.

(b) All Class I wells shall report monthly the following:

1. Operating reports to the Department on:

a. The physical, chemical, and other relevant characteristics of injection fluids;

b. Daily readings of the pressure and flow for each well. For each domestic effluent disposal well, a specific injectivity test shall be performed quarterly;

c. Monthly average, maximum and minimum values for injection pressure, flow rate and volume, and annular pressure; and

d. The results of monitoring prescribed under paragraph 62-528.425(1)(e), F.A.C.

2. Reporting the results, within three months after the completion of:

a. Periodic tests of mechanical integrity;

b. Any other test of the injection well conducted by the permittee if required by the Department; and

c. Any well work over.

(c) Additional reporting requirements for wells injecting fluids from a domestic wastewater facility shall be in accordance with Chapter 62-601, F.A.C.

(d) Specific injectivity testing shall be performed while the pumping rate to the well(s) has been set at a predetermined level and reported as the specific injectivity index (gpm/specific pressure (psig)). As part of this test, the well shall be shut-in for a period of time necessary to conduct a valid observation of pressure fall-off. The applicant shall propose which pumping rate will be used based on the expected flow, the design of the pump station including the volume of the wet well and pump type(s), and the type of pump controls used. The pumping rate(s) shall be included as a condition of the operation permit. For Class I wells, other than municipal wells the permittee shall conduct one pressure fall-off test annually.

(e) If physical or geochemical data such as water quality, pressure changes, or mechanical integrity test results indicate that fluid movement into or between underground sources of drinking water may be occurring, the permittee shall submit additional data to provide reasonable assurance that the injection operation is in compliance with the requirements of this chapter. This additional data shall be submitted with the periodic operations reports, the content and frequency of which are specified in the individual permit.

(f) A Class I well permit shall be written to require that if subparagraph 62-528.300(5)(c)1., F.A.C., is applicable, progress reports shall be submitted no later than thirty days following each interim date and the final date of compliance.

(3) Class III Well Construction/Operation/Plugging and Abandonment Permit

(a) The Department shall require monthly operation reports and progress reports that include the following:

1. Driller’s log;

2. Geophysical surveys;

3. Core analyses;

4. Lithologic logs;

5. Drill stem tests;

6. Withdrawal or aquifer tests;

7. Number of wells constructed, abandoned, in operation and recorded on property deeds;

8. Results of post-closure monitoring; and

9. Daily construction reports.

(b) Interpretation of data is required in the data reports or progress reports at the completion of each significant phase of construction.

(c) The Department shall require that the applicant provide direct distribution of the data reports and progress reports to members of the Technical Advisory Committee.

(d) Reporting Requirements. Reporting requirements shall include:

1. Quarterly reporting to the Department on required monitoring;

2. Results of mechanical integrity and any other periodic test required by the Department reported with the first regular quarterly report after the completion of the test; and

3. The Department shall allow monitoring to be reported on a project or field basis rather than individual well basis where manifold monitoring is used and if such reporting is adequate to protect waters of the State.

(e) At least once every year, but more frequently if specified in the permit, the permittee shall record with the property records of the county courthouse the plugging method and location of each well abandoned during that year.

(f) The permittee shall submit a final report of all data collected with interpretations, to the Department with the application for permit renewal. The final report shall include all information and data collected under subsections 62-528.450(2) and (3), F.A.C., with appropriate interpretations.

(4) Abandonment Reports for Class I and III Wells. Within 90 days after completion of plugging and abandonment of a well or well field the permittee shall submit to the Department a final report which includes:

(a) Certification of completion in accordance with approved plans and specifications by the engineer of record;

(b) Evidence, such as a sealed copy or certification from the county clerk, that a surveyor’s plot of the location of the abandoned wells has been recorded in the county courthouse property records.

History

• Rulemaking Authority 403.061, 403.087, 403.704 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.161, 403.702, 403.721 FS. History– New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.26, 17-28.260, 62-28.260, Amended 8-10-95, 6-24-97.

Fla. Admin. Code R. 62-528.435 Plugging and Abandonment Criteria and Procedures for Class I and III Wells

(1) Upon determination by the Department that a well poses a threat to waters of the State or within one year of determining that a well has been abandoned, the Department shall order the well plugged, unless otherwise provided for in a consent order.

(2) Any Class I or III permit shall include conditions to ensure that plugging and abandonment of the well will not allow the movement of fluids either into an underground source of drinking water or from one underground source of drinking water to another. These conditions shall include mechanical integrity testing prior to plugging of the injection well, or monitor well which penetrates the injection zone or final confining unit, if fluid movement through channels adjacent to the injection well bore is suspected. Any applicant for an underground injection control permit shall be required to submit a plan for plugging and abandonment, which shall address post-closure monitoring of the injection operation. The post-closure monitoring plan shall be designed in accordance with the requirements of paragraph 62-528.425(1)(j), F.A.C. Where the plan meets the requirements of this chapter, the Department shall incorporate it into the permit as a condition. Where the Department’s review of an application indicates that the permittee’s plan is inadequate, the Department shall require the applicant to revise the plan, prescribe conditions meeting the requirements of this chapter, or deny the application. Where applicable, the plugging and abandonment plan shall address the proposed post-closure monitoring.

(3) Prior to abandoning Class I or III wells, the well shall be plugged with cement, or other materials if a Class III well, in a manner which will not allow the movement of fluids either into or between underground sources of drinking water. To use other plugging materials for Class III wells, the applicant shall demonstrate in the plugging and abandonment permit application that the proposed plugging materials will prevent movement of fluids into or between underground sources of drinking water.

(4) Placement of the plugging material shall be accomplished by one of the following methods:

(a) The Balance Method;

(b) The Dump Bailer Method;

(c) The Two-Plug Method; or

(d) Any other recognized method which is as effective or more effective than those listed above for the placement of plugging material in a manner that will not allow fluid movement to occur into or between underground sources of drinking water.

(e) For wells with an open hole completion, the cement shall be emplaced beginning at the deepest point required in the permit and upward to land surface or other method approved by the Department following the process described in subsection 62-528.100(2), F.A.C.

(5) The well to be abandoned shall be in a state of static equilibrium with the mud weight equalized from top to bottom, either by circulating the mud in the well at least once or by a comparable method prescribed by the Department, prior to the placement of the cement plug(s).

(6) The permittee shall notify the Department at least 180 days before conversion or abandonment of a Class I well, unless abandonment within a lesser period of time is necessary to protect the waters of the State.

(7) For all Class I wells, after removal of the tubing and packer (if applicable), the final or innermost string of casing shall be filled with neat cement grout or an approved equivalent from a depth of at least 10 feet below the bottom of the casing to land surface. Annular monitor tubes in an injection well are allowed to be left unplugged temporarily if they are to be used for their intended purpose and do not compromise the objectives listed above. If temporarily left open, the annular monitor tubes shall be plugged with cement at the end of post-closure monitoring. If the tubes are not used for monitoring, they shall be filled with neat cement from the bottom of the monitor zone to land surface.

(8) The plugging and abandonment plan required in Rules 62-528.435 and 62-528.460, F.A.C., shall, in the case of a Class III well field which underlies or is in an aquifer which has been exempted under subsection 62-528.300(3), F.A.C., also demonstrate that no movement of contaminants from the mined zone into an underground source of drinking water will occur. The Department shall prescribe aquifer cleanup and monitoring where necessary and feasible to ensure that no migration of contaminants from the mined zone into an underground source of drinking water will occur.

(9) Financial Responsibility. The permit shall require the permittee to demonstrate and maintain financial responsibility and resources necessary in the form of performance bonds or other equivalent form of financial assurance approved as described in paragraph (b) below, to close, plug, and abandon the underground injection operation.

(a) Class I hazardous waste wells shall comply with the financial responsibility requirements of 40 C.F.R. pt. 144 Subpart F (1994).

(b) For Class I wells used to inject non-hazardous fluids these requirements are specified in the Department’s document “State of Florida Underground Injection Control Program Financial Responsibility Options for Owners and Operators of Injection Wells” (1996), which is incorporated herein by reference, and which may be obtained by writing to the Division of Water Resource Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In lieu of individual financial guarantees, the applicant shall furnish a financial guarantee covering all the applicant’s injection wells in this State. The Department shall require a certificate showing that the applicant has assured, through a performance bond or other appropriate means, that resources necessary to cover post-closure monitoring and any corrective action resulting from this monitoring have been provided.

(10) In the event a radioactive source tool has been irretrievably lost down an injection well, the Department shall be immediately notified. The well shall not be plugged until all applicable Nuclear Regulatory Commission regulations have been satisfied.

(11) Within 90 days after completion of plugging and abandonment the permittee of a well shall provide documentation that the well was properly abandoned.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.161 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.27, 17-28.270, 62-28.270, Amended 8-10-95, 6-24-97.

Fla. Admin. Code R. 62-528.440 General Permitting Requirements for Class I and III Wells

(1) Permitting Authority.

The Florida Department of Environmental Protection is the administering agency for the underground injection control rule and requires permits for all Class I and III wells. However, this does not absolve the permittee from obtaining permits, where necessary, from other state agencies, water management districts, or local programs nor relieve the permittee of the responsibility for obtaining such permits.

(2) General Prohibitions.

(a) Any underground injection through a Class I or III well is prohibited, except as authorized by permit under this chapter.

(b) Permits for any construction, modification (including hydrogeological modifications to the monitoring system), operation (except for testing purposes as authorized by the construction permit), or abandonment of Class I and III wells shall be obtained before such activities are commenced.

(c) Except as provided in 40 C.F.R. 146.15 and 146.16, as noticed in the Federal Register, Vol. 70, No. 224, November 22, 2005, pp. 70513 - 70532, hereby adopted and incorporated by reference, no underground injection activity shall be authorized where a Class I or III well causes or allows movement of fluid into underground sources of drinking water, if such fluid movement may cause a violation of any primary drinking water standard under 40 C.F.R. pt. 141 (1994), or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirements of this paragraph are met.

(d) Except as provided in 40 C.F.R. 146.15 and 146.16, as noticed in the Federal Register, Vol. 70, No. 224, November 22, 2005, pp. 70513 - 70532, for Class I and III wells, if any water quality monitoring of an underground source of drinking water indicates the movement of injection or formation fluids into underground sources of drinking water, the Department shall prescribe such additional requirements for construction, corrective action (including closure of the injection well), operation, monitoring, or reporting as are necessary to prevent such movement. These additional requirements shall be imposed by modifying the permit, or the permit shall be terminated if cause exists, or appropriate enforcement action shall be taken if the permit has been violated.

(3) Duration for operation permits shall be specified by the Department but shall not exceed five years from the date of issuance. Construction permits shall be issued for a period of time as necessary to construct and test the well, but not to exceed five years from the date of issuance.

(4) Application for Permit.

(a) The applicant shall submit application for permits on form 62-528.900(1) and shall include:

1. The application form properly completed and signed pursuant to Rule 62-528.340, F.A.C.;

2. Information as required in Rules 62-528.450 through 62-528.460, F.A.C.;

3. Such additional information requested by the Department as described in subsection 62-528.100(2), F.A.C., necessary to provide reasonable assurance that the UIC project will operate in compliance with this chapter;

4. The appropriate fee as specified in subsection 62-4.050(4), F.A.C.

(b) One original and one copy of the application package shall be submitted to the Department. An additional copy shall be provided directly to each member of the Technical Advisory Committee as described in subsection 62-528.100(2), F.A.C., or in the permit.

(c) Any person who performs or proposes an underground injection for which a permit is required shall submit an application to the Department as follows:

1. For existing Class I or III wells, the submittal in accordance with the requirements of Rule 62-4.090, F.A.C.

2. For new Class I or III wells, not less than 90 days before construction is expected to begin.

(d) For Class III well fields or projects, the owner may apply for a single permit for the well field, provided all wells covered by the permit are within the same well field, are of similar construction, and are of the same class. However, a separate fee shall be assessed for each injection well.

(5) Certification by a Professional Engineer and Professional Geologist.

(a) All applications for construction permits shall be certified by a professional engineer and professional geologist, or an appropriately qualified professional engineer as defined in Chapters 471 and 492, F.S., registered in the State of Florida, except as provided in subsection 62-4.050(3), F.A.C.

(b) The application, plans, and specifications, certification of construction completion reports, operation and maintenance manual, and other related documents shall be certified by a professional engineer or professional geologist, as appropriate, registered in the State of Florida and retained by the applicant for that purpose.

(6) Area of Review.

(a) For Class I wells, the area of review study for a site shall be completed before the test injection well construction permits are issued.

(b) The minimum area of review for a Class III proposed mining site shall initially include the entire proposed mining area plus a surrounding perimeter zone of one mile on all sides. The initial area of review study shall be completed prior to construction; however, individual permit conditions will establish the interval, based on either the rate of geographical expansion of mining activity or a fixed period of time, at which the area of review study shall be updated.

History

• Rulemaking Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.0877, 403.088, 403.161, 403.702, 403.721 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.31, 17-28.310, 62-28.310, Amended 8-10-95, 6-24-97, 12-27-05.

Fla. Admin. Code R. 62-528.450 Class I – Test/Injection Well Construction and Testing Permit, and Class III - Well Construction Permit

(1) General.

(a) The Department shall deny a construction permit if construction of the well itself may be a source of pollution as defined in Section 403.031, F.S.

(b) For a construction permit approval, reasonable assurance is required that the project will function in compliance with this chapter. The Department shall require an exploratory well for those projects located in an area where available information is lacking concerning geologic or hydraulic confinement or existing information indicates that geologic or hydraulic confinement may be poor or lacking.

(c) For a Class I well, issuance of a construction permit does not obligate the Department to authorize any operation of the well, unless reasonable assurance has been provided that the well can operate in compliance with this chapter.

(d) For a Class III well or well field, a single permit for construction, operation, plugging, and abandonment can be issued.

(2) Information Requirements. Information to be submitted with the construction permit application shall include the following:

(a) A map showing the location of the proposed injection wells or well field area for which a permit is sought and the applicable area of review. Within the area of review, the map shall show the number or name, and location of all producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, public water systems, mines (surface and subsurface), quarries, water wells and other pertinent surface features including residences and roads. The map shall also show faults, if known or suspected. Only information of public record and, in addition, pertinent information known to the applicant is required to be included on this map;

(b) A tabulation of data on all wells within the area of review which penetrate into the proposed injection zone, confining zone, or proposed monitoring zone. Such data shall include a description of each well’s type, construction, date drilled, location, depth, record of plugging or completion, and any additional information in the applicant’s possession about the potential for fluids to migrate into, or in the direction of, an underground source of drinking water;

(c) Maps and cross sections indicating the general vertical and lateral limits within the area of review of all underground sources of drinking water, their position relative to the injection formation and the direction of water movement, where known, in each underground source of drinking water which may be affected by the proposed injection;

(d) Maps and cross sections detailing the hydrology and geologic structures of the local area;

(e) Generalized maps and cross sections illustrating the regional geologic setting;

(f) Proposed operating date;

1. Average and maximum daily rate and volume of the fluid to be injected;

2. Average and maximum injection pressure; and

3. Source and an analysis of the chemical, physical, radiological and biological characteristics of injection fluids, including any additives for Class III wells. For Class I wells injecting domestic effluent, a demonstration that the effluent quality meets the standards specified in subparagraph 62-600.420(1)(d)1. and Rule 62-600.540, F.A.C.; or for new wells, the minimum treatment requirements set forth in 40 C.F.R. 146.15 and 146.16, as noticed in the Federal Register, Vol. 70, No. 224, November 22, 2005, pp. 70513 - 70532, hereby adopted and incorporated by reference. For all other Class I wells, a demonstration that the effluent quality meets the standards specified in paragraph 62-660.400(1)(o), F.A.C.

(g) Proposed formation testing program to obtain an analysis of the chemical, physical and radiological characteristics of and other information on the injection zone;

(h) Proposed stimulation program;

(i) Proposed injection procedure;

(j) Engineering drawings of the surface and subsurface construction details of the system, including design features for surge control and water hammer protection;

(k) Contingency plans to cope with all shut-ins or well failures, or, for Class III wells, catastrophic collapse, to prevent migration of fluids into an underground source of drinking water, including emergency discharge provisions;

(l) Plans (including maps) and proposed monitoring data to be reported for meeting the monitoring requirements in Rule 62-528.425, F.A.C.;

(m) For wells within the area of review which penetrate the injection zone but are not properly completed or plugged, the corrective action proposed to be taken under subsection 62-528.300(5), F.A.C.;

(n) Construction procedures including a cementing and casing program, logging procedures, deviation checks, and a drilling, testing and coring program;

(o) A certificate that the applicant has ensured, through a performance bond or other appropriate means as required by subsection 62-528.435(9), F.A.C., the resources necessary to close, plug or abandon the well;

(p) For Class III wells, expected changes in pressure, native fluid displacement, direction of movement of injection fluid;

(q) For Class III wells, a proposed monitoring plan, which includes a plan for detecting any migration of fluids into, or in the direction of, underground sources of drinking water and the proposed monitoring data to be submitted.

(r) The Department adopts by reference 40 C.F.R. pt. 144.31(g) revised as of December 3, 1993.

(3) Operational Testing.

(a) For Class I wells, the construction permit includes a period of temporary injection operation for the purposes of long term testing. Prior to commencement of operational testing:

1. Construction of the injection well shall be complete and the permittee shall submit a notice of completion of construction to the Department.

2. Each well shall first be tested for integrity of construction, and shall be followed by a short term injection test of such duration to allow for the prediction of the operating pressure.

3. The permittee shall submit the following information to each member of the Technical Advisory Committee described in subsection 62-528.100(2), F.A.C., or in the permit:

a. A copy of the borehole television survey(s),

b. Geophysical logs,

c. Mechanical integrity test data,

d. Data obtained during the short term injection testing conducted pursuant to paragraphs 62-528.405(3)(a) and 62-528.410(7)(e), F.A.C., and subparagraph 1. above,

e. Confining zone data.

f. Background water quality data for the injection and monitor zones,

g. Wastestream analysis,

h. As-built well construction specifications, and

i. Other data obtained during well construction which demonstrates that the well will operate in compliance with this chapter.

4. The emergency discharge method shall be fully operational and no emergency discharge shall occur until the permittee has obtained all necessary Department permits.

5. Any corrective action required under subparagraph 62-528.300(5)(c)2., F.A.C., shall be completed.

6. Prior to granting approval, as described in subsection 62-528.100(2), F.A.C., for operational testing of a Class I well, the Department shall consider the following information:

a. All available logging and testing program data on the well;

b. A demonstration of mechanical integrity pursuant to subsection 62-528.300(6), F.A.C;

c. The anticipated maximum pressure and flow rate at which the permittee will operate;

d. The results of the formation testing program;

e. The actual injection procedure;

f. The compatibility of injected waste with fluids in the injection zone and minerals in both the injection zone and the confining zone;

g. The status of corrective action on defective wells in the area of review; and

h. The information submitted to the Technical Advisory Committee under subparagraph 2. above.

(b) Written authorization for operational testing shall be obtained from the Department as described in subsection 62-528.100(2), F.A.C. Authorization shall be for up to two years or the expiration date of the construction permit, whichever is less, and is nonrenewable. The authorization shall specify the conditions under which operational testing is approved. The authorization shall include:

1. Injection pressure limitation,

2. Injection flow rate limitation,

3. Injection well monitoring requirements,

4. Effluent monitoring requirements,

5. Weekly ground water sampling of monitor wells,

6. Monthly specific injectivity testing,

7. Reporting requirements, and

8. An expiration date for the operational testing period not to exceed two years.

(c) Before authorizing operational testing, the Department shall conduct an inspection of the facility to determine if the conditions of the permit have been met.

(d) If requested by the permittee, the Department shall allow, as described in subsection 62-528.100(2), F.A.C., less frequent sampling than required under subparagraph (b)5. above after a minimum of six months of operational testing if the data indicate that the parameter values have stabilized. However, a sampling frequency of less than once per month shall not be allowed.

(e) For Class I and III wells, the duration of the operational testing period shall not exceed two years or the expiration date of the construction permit, whichever is less. If the Department has not issued an intent to issue an operation permit for the injection well(s) by the end of the operational testing period, the permittee shall cease injection.

(f) For a Class I well, if an operation permit has not been obtained for the well within two years after the cessation of operational testing, the permittee shall submit an application to the Department on form 62-528.900(1) to plug and abandon the well in accordance with Rule 62-528.435, F.A.C.

(g) For Class III, the construction permit includes a period of temporary operation for the purpose of testing. Each well shall first be tested for integrity of construction, prior to any injection testing.

(4) Under Section 403.091, F.S., the Department conducts periodic inspections during construction.

(5) The construction and testing permit for a Class I well shall require that the following items be submitted to the State Geologist at the Florida Geological Survey, 903 West Tennessee Street, Tallahassee, Florida 32304:

(a) Cuttings obtained during well construction;

(b) Any cores obtained during well construction when no longer needed by the well owner;

(c) Any geophysical logs run during well construction; and

(d) A copy of the Final Report described in paragraph 62-528.430(1)(e), F.A.C.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.088, 403.091, 403.161 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.33, 17-28.330, 62-28.330, Amended 8-10-95, 6-24-97, 12-27-05.

Fla. Admin. Code R. 62-528.455 Class I and Class III – Injection Well Operation Permit

(1) General Requirements.

(a) A separate underground injection control permit shall be obtained for each Class I injection facility. For multiwell injection systems, a separate underground injection control permit application need not be submitted for each well; however a separate application fee shall be assessed for each well in accordance with paragraph 62-4.050(4)(i), F.A.C.

(b) Under Section 403.091, F.S., the Department conducts periodic inspections during the period authorized by the operation permit.

(c) A report shall be submitted with each application for a Class I well operation permit. For multiwell injection systems, one report may be submitted which addresses each well of that system. The report shall include:

1. Results of the information obtained under the construction permit described in subsection 62-528.450(2), F.A.C.;

2. Record drawings, based upon inspections by the engineer of record or persons under his direct supervision, with all deviations noted;

3. Certification of completion submitted by the engineer of record;

4. An operation manual including emergency procedures;

5. Proposed monitoring program and data to be submitted;

6. Proof that the existence of the well and any associated monitoring wells has been recorded with the permanent warranty deed or other instrument of conveyance as a two page proviso or addendum that contains certification of the locations of the wells (by metes and bounds) and a detailed sketch of the parcel that shows the location of the well. The location shall be measured by a Florida certified land surveyor, and shall contain the surveyor’s signature, registration number, official seal, and the following statement: “I hereby certify that this survey was made under my responsible direction and supervision, and is a correct representation of the land surveyed.”

7. Copies of mill certificates for casing used in the well(s) construction. The owner shall retain the original records.

(d) No Class I injection well operation permit shall be issued until the emergency disposal method is fully operational and no emergency discharge shall occur until the permittee has received the required Department permits.

(e) The permittee shall provide direct distribution of the data reports, progress reports, and final reports to each member of the Technical Advisory Committee as described in subsection 62-528.100(2), F.A.C.

(2) Prior to granting approval for the operation of a Class I well or a Class III well or well field, the Department shall consider the following information which, for Class I, was obtained during construction and operational testing under the construction permit:

(a) All available logging and testing program data and construction data on the well or well field;

(b) A satisfactory demonstration of mechanical integrity for all new wells pursuant to subsection 62-528.300(6), F.A.C.;

(c) The actual operating data where feasible, or the anticipated maximum pressure and flow rate at which the permittee will operate the well;

(d) The results of the formation testing program;

(e) The actual injection procedure;

(f) For Class I, the compatibility of injected waste with fluids in the injection zone and minerals in both the injection zone and the confining zone;

(g) The status of corrective action on defective wells in the area of review;

(h) The recommendation of the Technical Advisory Committee concerning the operational feasibility of this well or well field.

(3) Repermitting the Operation of Class I Wells.

(a) The permittee shall submit an application to repermit the operation of a Class I well to the Department at least 60 days before the expiration date of the current operation permit.

(b) The application to repermit the operation shall include the following:

1. An evaluation of the size of the area of review based on actual operation and monitoring data;

2. Updated area of review information required under paragraphs 62-528.450(2)(a) through (d), F.A.C.;

3. A wastestream analysis representative of the fluids which are currently being injected;

4. The process types or categories which are a source of the fluid being injected;

5. A satisfactory demonstration of mechanical integrity for the well(s) pursuant to subsection 62-528.300(6), F.A.C;

6. Results of ground water and other monitoring data obtained since the last permit was issued. The permittee shall provide a tabular and graphical presentation of all ground water monitoring data required by this subparagraph unless the Department, through the process described in subsection 62-528.100(2), F.A.C., approves an alternate list of parameters for the reasons specified in sub-subparagraphs a. and b. below;

a. The monitoring results for a parameter are below detectable limits, or

b. The parameter was not required to be monitored under the current permit or by Chapter 62-528, 62-600, or 62-601, F.A.C.

7. Results of all specific injectivity and pressure fall-off information obtained since the well began operation, or the date of the most recent repermitting of the well if all available information were submitted at that time; and

8. Financial responsibility information required by subsection 62-528.435(9), F.A.C., based on an updated plugging and abandonment plan and cost estimate.

(c) The operation of a Class I well shall not be repermitted unless the applicant has made the following demonstrations:

1. Available water quality monitoring data does not indicate that fluid movement into or between underground sources of drinking water is occurring as a result of injection activity, except as authorized under 40 C.F.R. 146.15, as noticed in the Federal Register, Vol. 70, No. 224, November 22, 2005, pp. 70513 - 70532, hereby adopted and incorporated by reference;

2. Mechanical integrity has been demonstrated under subsection 62-528.300(6), F.A.C.;

3. Financial responsibility has been demonstrated; and

4. Other applicable rules of this chapter have been met.

History

• Rulemaking Authority 373.309, 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087, 403.0877, 403.088, 403.161, 403.702, 403.721 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.34, 17-28.340, 62-28.340, Amended 8-10-95, 6-24-97, 12-27-05.

Fla. Admin. Code R. 62-528.460 Class I and Class III Well Plugging and Abandonment Permit

(1) The Department shall require a Class I or III well, or a test well, or monitor well associated with a Class I or III well, to be abandoned when it is no longer usable for its intended purpose or other purpose as approved by the Department, or when it poses a potential threat to the quality of the waters of the State. The permittee may also initiate abandonment procedures.

(2) In order to receive approval for the plugging and abandonment of a Class I or III well, or a test or monitor well associated with a Class I or III well, the applicant shall provide reasonable assurance that the well will be plugged and abandoned in accordance with Rule 62-528.435, F.A.C. The applicant shall submit the following:

(a) The justification for abandonment;

(b) A proposed plan for plugging and abandonment describing the preferred and alternate methods:

1. The type and number of plugs to be used;

2. The placement of each plug including the elevation of the top and bottom;

3. The type, grade, and quantity of cement or for Class III wells only, any other approved plugging material to be used in the cased portion of the well;

4. The type, grade, and quantity of cement or any other approved plugging material (if any) to be used to fill the open hole portion of the well;

5. The method for placement of the plugs;

(c) The procedure to be used to meet the requirements of Rule 62-528.435, F.A.C.; and

(d) The results of mechanical integrity testing if required under subsection 62-528.435(2), F.A.C.

(3) In the event of a well failure that requires abandonment, the applicant shall conduct an investigation to collect sufficient information to identify the most appropriate method to properly abandon the well.

(4) Within 90 days of completion of plugging and abandonment procedures, the engineer of record shall provide certification of completion in accordance with the plans and specifications.

(5) Under Section 403.091, F.S., the Department conducts periodic inspections at certain stages of plugging.

(6) The permittee shall retain all records concerning the nature and composition of injected fluid until five years after completion of any plugging and abandonment procedures specified under subsection 62-528.400(3) (hazardous waste wells) or Rule 62-528.435, F.A.C. Whenever after this retention period the permittee no longer wishes to retain the records, the permittee shall deliver the records to the Department office that issued the permit.

History

• Rulemaking Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.088, 403.091, 403.161 FS. History–New 4-1-82, Formerly 17-28.35, 17-28.350, 62-28.350, Amended 8-10-95, 6-24-97.

Fla. Admin. Code R. 62-528.500 General Criteria for Class IV Wells

History

• Rulemaking Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History–New 4-1-82, Formerly 17-28.41, 17-28.410, 62-28.410, Amended 8-10-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-528.510 General Prohibition of Class IV Wells

The construction or operation of any Class IV well is prohibited after April 1, 1982.

History

• Rulemaking Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.161, 403.702, 403.721, 403.7222, 403.727 FS. History–New 4-1-82, Formerly 17-28.42, 17-28.420, 62-28.420, Amended 8-10-95.

Fla. Admin. Code R. 62-528.520 Waste Analysis For Class IV Wells

History

• Rulemaking Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History–New 4-1-82, Formerly 17-28.43, 17-28.430, 62-28.430, Amended 8-10-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-528.530 Ground Water Monitoring and Response for Class IV Wells

History

• Rulemaking Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.0877, 403.702, 403.721 FS. History–New 4-1-82, Amended 5-8-85, Formerly 17-28.44, 17-28.440, 62-28.440, Amended 8-10-95, 6-24-97, Repealed 2-16-12.

Fla. Admin. Code R. 62-528.540 Closure and Post-Closure Requirements for Class IV Wells

History

• Rulemaking Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.0877, 403.702, 403.721 FS. History–New 4-1-82, Amended 8-30-82, Formerly 17-28.45, 17-28.450, 62-28.450, Amended 8-10-95, 6-24-97, Repealed 2-16-12.

Fla. Admin. Code R. 62-528.550 Financial Requirements for Class IV Wells

History

• Rulemaking Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.702, 403.721 FS. History–New 4-1-82, Formerly 17-28.46, 17-28.460, 62-28.460, Amended 8-10-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-528.600 General Criteria for Class V Wells

(1) Rules 62-528.600 through 62-528.645, F.A.C., set forth criteria and standards to regulate all injection wells not regulated in previous sections of this chapter.

(a) Generally, wells covered by these rules inject non-hazardous fluids into or above formations that contain underground sources of drinking water. That includes all wells listed in paragraph 62-528.300(1)(e), F.A.C.

(b) These rules also include wells not covered in Class I or Class IV that inject natural and manmade radioactive materials, provided these concentrations do not exceed current drinking water standards in Chapter 62-550, F.A.C.

(2) Classification of Class V Wells. Various types of Class V wells that exist or may exist in Florida are grouped together in order to facilitate the determination of permitting, operating, and monitoring requirements for these wells. The groups are:

(a) Group 1 – Wells associated with thermal energy exchange processes, which include air conditioning return flow wells and cooling water return flow wells. Air conditioning return flow well and cooling water return flow wells may be part of an open-loop or closed-loop system, with or without additives.

(b) Group 2 – Recharger wells, saltwater intrusion barrier wells, connector wells, and subsidence control wells.

(c) Group 3 – Wells which are part of domestic wastewater treatment systems, including septic system wells receiving domestic wastewater other than those specifically excluded in paragraph 62-528.120(4)(b), F.A.C.

(d) Group 4 – Non-hazardous industrial and commercial disposal wells, which include laundry waste wells, dry wells, injection wells associated with aquifer remediation projects, desalination process concentrate wells, and nuclear disposal wells used to inject radioactive wastes, provided the concentrations of the waste do not exceed drinking water standards contained in Chapter 62-550, F.A.C.

(e) Group 5 – Class V wells associated with mining or mineral extraction operations, including wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts, sand backfill wells, and injection wells used for in situ recovery of phosphate, uraniferous sandstone, clay, sand, and other minerals extracted by the borehole slurry mining method.

(f) Group 6 – Lake level control and stormwater drainage wells.

(g) Group 7 – Wells associated with an aquifer storage and recovery system.

(h) Group 8 – Class V wells regulated under additional federal requirements contained in 40 C.F.R. 144.88 (2000) including large capacity cesspools and motor vehicle waste disposal wells.

(i) Group 9 – Class V wells such as exploratory wells, geothermal wells, experimental technology wells, swimming pool drainage wells and other wells not described in the other Class V groups above.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History–New 4-1-82, Amended 8-30-82, 5-8-85, Formerly 17-28.51, 17-28.510, 62-28.510, Amended 8-10-95, 6-24-97, 11-20-02.

Fla. Admin. Code R. 62-528.601 Federal Regulations Applicable to Class V Wells

(1) The federal regulations at 40 C.F.R. 144.88 (2000) are herein adopted by reference.

(2) For more information on Class V wells under the federal program, see 40 C.F.R. 144.80 through 40 C.F.R. 144.83 (2000), 40 C.F.R. 144.85 (2000), 40 C.F.R. 144.87 (2000), and 40 C.F.R. 144.89 (2000).

(3) For the purposes of this Rule 62-528.601, F.A.C., only and its applicability to Group 8 motor vehicle waste disposal wells, the entire state is a ground water protection area.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History–New 11-20-02.

Fla. Admin. Code R. 62-528.603 Exploratory Well Construction and Testing Permit

(1) An exploratory well under the Underground Injection Control Program is drilled for the specific purpose of obtaining information to determine the feasibility of underground injection at the proposed site.

(2) A permit to construct an exploratory well shall be denied by the Department if the construction of the well itself will be a source of pollution as defined in Section 403.031, F.S. If the construction of the well itself is not a source of pollution, the permit shall be issued with conditions to meet the requirements of subsection (3) through (7) below.

(3) At a minimum, the exploratory well testing program shall be designed to determine the ground water quality profile, and make a preliminary assessment of the adequacy of the confining interval and injection zone potential.

(4) The information provided with the application to construct and test an exploratory well shall include:

(a) Plan of the injection project;

(b) Well inventory as described in paragraph 62-528.635(1)(d), F.A.C.;

(c) Proposed future use of the exploratory well;

(d) Drilling and testing plan for the exploratory well;

(e) Source and composition of any fluids to be used for injection testing; and

(f) Abandonment plan.

(5) Injection testing.

(a) The permittee may conduct injection tests under the exploratory well program not to exceed eight days, or such time requested by the permittee, not to endanger the underground sources of drinking water, and approved by the Department subject to the provisions of paragraph (b) below and in accordance with the process described in subsection 62-528.100(2), F.A.C.

(b) The exploratory well shall be constructed and tested so that it is in compliance with subsection 62-528.630(3), F.A.C. The use of treated or untreated municipal (domestic) or industrial effluent, or reverse osmosis concentrate is prohibited for injection testing conducted under the exploratory program.

(6) An exploratory well may be converted to a monitor well or plugged and abandoned if the permits have been obtained. An exploratory well shall be repermitted as a Class I test injection well or a Class V well if the permits have been obtained. If the applicant intends to apply for a permit to convert an exploratory well to a Class I test injection well, the exploratory well shall be constructed to meet the minimum Class I well construction standards contained in Parts II and III of this chapter. Tubing and packer or a fluid seal design shall not be required under the exploratory well permit for exploratory wells that are to be repermitted as non-municipal Class I wells.

(7) Under Section 403.091, F.S., the Department performs periodic inspections at certain stages of construction authorized by the exploratory well permit.

History

• Rulemaking Authority 403.061, 403.087, 403.704, 403.721 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.088, 403.161, 403.702, 403.721 FS. History–New 8-10-95, Amended 6-24-97.

Fla. Admin. Code R. 62-528.605 Well Construction Standards for Class V Wells

(1) The variety of Class V wells and their uses dictate a variety of construction designs consistent with those uses, and precludes specific construction standards for each type of Class V well. However, a well shall be designed and constructed for its intended use, in accordance with good engineering practices, and the design and construction shall be approved by the Department through a permit.

(2) The Department shall apply any of the criteria for Class I wells (Rules 62-528.400 through 62-528.460, F.A.C.) to the permitting of Class V wells if the Department determines that without the application of Class I permitting criteria, the Class V well may cause or allow fluids to migrate into an underground source of drinking water which may cause a violation of a primary or secondary drinking water standard contained in Chapter 62-550, F.A.C., or minimum criteria contained in Rule 62-520.400, F.A.C., or may cause fluids of significantly differing water quality to migrate between underground sources of drinking water. Class I injection well permitting standards shall not be required if the injection fluids meet the primary and secondary drinking water quality standards contained in Chapter 62-550, F.A.C., and the minimum criteria contained in Rule 62-520.400, F.A.C. The process for making the determination of which criteria apply is described in subsection 62-528.100(2), F.A.C.

(3) Class V wells shall be constructed so that their intended use does not violate the water quality standards of Chapter 62-520, F.A.C., at the point of discharge, except where specifically allowed in subsection 62-522.300(2), F.A.C., provided that the drinking water standards of 40 C.F.R. pt. 142 (1994) are met at the point of discharge for projects and facilities described in paragraphs 62-522.300(2)(a) and (b), F.A.C. Migration or mixing of fluids from aquifers of substantively different water quality (through the construction or use of a Class V well) shall be prevented by preserving the integrity of confining beds between these aquifers through cementing or other equally protective method acceptable to the Department.

(4) All Class V wells shall be constructed by a Florida licensed water well contractor.

(5) A well completion report defining details of construction and describing various formations penetrated by the well shall be forwarded to the Department within two days after completion of the drilling operation.

(6) Samples of formations penetrated shall be obtained during the construction of any major Class V well as defined in subsection 62-528.200(41), F.A.C., and shall be submitted for other Class V wells if needed to demonstrate whether the well will operate in compliance with Chapter 62-528, F.A.C. If required, samples shall be forwarded to the State Geologist, Florida Geological Survey, 903 West Tennessee Street, Tallahassee, Florida 32304, when drilling is completed.

(7) All drilled wells shall, at a minimum, meet the casing and cementing requirements for water well construction set forth in Chapter 62-532, F.A.C.

(8) Class V wells shall not be dynamited except with written permission from the Department.

(9) A test well or boring shall be filled with cement within five days after completion of the testing for which it was drilled. Such test wells or borings shall not be used as drainage wells unless a permit has been obtained in accordance with this chapter. Failure to obtain a permit prior to drilling of the well or boring shall bar future use except for testing purposes not connected with drainage in any manner.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 373.313, 373.323, 403.061, 403.062, 403.087 FS. History–New 4-1-82, Amended 5-8-85, Formerly 17-28.52, 17-28.520, 62-28.520, Amended 8-10-95, 6-24-97, 8-27-01.

Fla. Admin. Code R. 62-528.610 Operation Requirements for Class V Wells

(1) All Class V wells shall be used or operated in such a manner that they do not present a hazard to an underground source of drinking water.

(2) Domestic wastewater effluent or reclaimed water quality shall meet the criteria established in subparagraph 62-600.420(1)(d)2. and subsections 62-600.540(2) and (3), or Rule 62-610.660, F.A.C., as appropriate.

(3) Pretreatment for fluids injected through existing wells shall be performed if necessary to ensure that the injected fluid does not violate the applicable water quality standards in Chapter 62-520, F.A.C., and in Monroe County, Chapter 62-302, F.A.C., when required under subsection 62-528.630(7), F.A.C.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History–New 4-1-82, Transferred from 17-4.27 and Amended 5-8-85, Formerly 17-28.53, 17-28.530, 62-28.530, Amended 8-10-95, 6-24-97.

Fla. Admin. Code R. 62-528.615 Monitoring Requirements for Class V Wells

(1) The need for monitoring shall be determined by the type of well, nature of the injected fluid, and water quality of the receiving and overlying aquifers.

(a) Except as provided in paragraph (b) below, the Department shall require monitoring for the following:

1. Group 1 wells operating on an open-loop system or with provisions for additives, Group 3, Group 4, Group 5, and Group 8 motor vehicle waste disposal wells;

2. Group 2 and Group 7 wells except when the injection fluids meet the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C., and the minimum criteria contained in Rule 62-520.400, F.A.C.; and the injection fluids have been processed through a permitted drinking water treatment facility;

3. Group 6 and Group 9 wells, except swimming pool drainage wells, if injection is into an underground source of drinking water; and

4. Any Class V well where either an exemption from water quality criteria under Rule 62-520.500 or 62-520.510, F.A.C., or an aquifer exemption under subsection 62-528.300(3), F.A.C., was required.

(b) The Department shall not require monitoring for the following:

1. Wells used to inject fluids that meet the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C., and the minimum criteria contained in Rule 62-520.400, F.A.C., and that have been processed through a permitted drinking water treatment facility;

2. Air conditioning return-flow wells and swimming pool drainage wells receiving a general permit under Rule 62-528.705 or 62-528.710, F.A.C.; or

3. Other Class V wells that the Department determines through the process described in subsection 62-528.100(2), F.A.C., will provide reasonable assurance of compliance with this rule, without monitoring.

(2) The Department shall determine the frequency of monitoring based on the location of the well, the nature of the injected fluid and, where applicable, the requirements of Chapters 62-600 and 62-601, F.A.C. The monitoring parameters and frequency shall be addressed in the Class V permit or authorization to use a Class V well under subsection 62-528.635(4), F.A.C.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History–New 4-1-82, Formerly 17-28.54, 17-28.540, 62-28.540, Amended 8-10-95, 6-24-97, 11-20-02.

Fla. Admin. Code R. 62-528.620 Reporting Requirements for Class V Wells

(1) Reporting requirements shall be determined by the type of well and nature of injected fluid. Where applicable, reporting shall be in accordance with Chapters 62-600 and 62-601, F.A.C.

(2) Reporting shall be required for Group 1 – cooling water return flow wells on an open-loop system, or with additives; Group 2; Group 3; Group 4; Group 5; Group 7; Group 8 motor vehicle waste disposal wells; and Group 9 except swimming pool drainage wells.

(3) For Group 6 wells, the permittee shall meet the reporting requirements of subsection (1) above, unless reasonable assurance is provided that underground sources of drinking water are being adequately protected.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History–New 4-1-82, Formerly 17-28.55, 17-28.550, 62-28.550, Amended 8-10-95, 6-24-97, 11-20-02.

Fla. Admin. Code R. 62-528.625 Plugging and Abandonment for Class V Wells

(1) The Department shall order a Class V well plugged and abandoned when it no longer performs its intended purpose, or when it is determined that the presence of the well may cause or allow a violation of a primary or secondary drinking water standard contained in Chapter 62-550, F.A.C., or may otherwise adversely affect the health of persons.

(2) A plugging and abandonment plan shall be submitted to the Department with the construction permit application.

(3) Prior to abandoning Class V wells, the well shall be plugged with cement in a manner which will not allow movement of fluids between underground sources of drinking water. The proposed plugging method and type of cement shall be approved by the Department by inclusion as a condition of the permit. Placement of the cement shall be accomplished by any recognized method which is approved by the Department in the permit.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 403.021, 403.061, 403.062, 403.087 FS. History–New 4-1-82, Formerly 17-28.56, 17-28.560, 62-28.560, Amended 8-10-95.

Fla. Admin. Code R. 62-528.630 General Permitting Requirements for Class V Wells

(1) Except as provided in subsection (2) below, underground injection through a Class V well which begins operation after April 1, 1982, is prohibited except as authorized by permit. The construction or modification of any Class V well required to have a permit under Rules 62-528.600 through 62-528.645, F.A.C., is prohibited until the permit has been issued. In addition to the specific provisions of Rules 62-528.630 through 62-528.645, F.A.C., the applicable general permitting conditions of Rule 62-528.307 and the general provisions in Chapter 62-4, F.A.C., shall apply, unless superseded by specific requirements for underground injection control in Chapter 62-528, F.A.C.

(2) The following Class V well types are exempt from the permitting requirements of Rule 62-528.635, F.A.C., but shall be authorized in accordance with paragraphs (a) through (c) below.

(a) A general permit shall be granted under Rule 62-528.705 or 62-528.710, F.A.C., as appropriate, for:

1. Closed-loop air conditioning return flow wells and other noncontact closed-loop thermal exchange system wells with no provision for additives serving multifamily residential units or business establishments.

2. Swimming pool drainage wells serving multifamily or public swimming pools.

(b) Swimming pool drainage wells and closed-loop air conditioning return flow wells with no provisions for additives serving a single-family residential unit are exempt from the permitting requirements of Chapter 62-528, F.A.C., provided the well is constructed in accordance with the requirements of Chapter 62-532, F.A.C., and the following information is submitted to the Department for inventory purposes:

1. Name and address of well owner;

2. Name and address of well driller;

3. Well location;

4. Well depth;

5. Cased depth;

6. Casing material;

7. Cemented interval; and

8. For air conditioning return flow well systems only, the depth and construction of supply wells for the air conditioning system.

(c) Class V wells associated with aquifer remediation projects shall be authorized under the provisions of a remedial action plan or other enforceable mechanism, provided the requirements of the rules governing the remediation project, as well as the construction, operation, and monitoring requirements of this chapter are met. The following inventory information shall be submitted to the Department for inventory purposes:

1. Name and address of facility where the remediation project is taking place;

2. Name and address of the owner of the facility where the remediation project is taking place;

3. Name and address of water well contractor;

4. Location of all injection wells and associated monitor wells;

5. Construction details for all injection and monitor wells including:

a. Total depth and cased depth, or screened interval (as appropriate),

b. Casing material, and

c. Cemented interval; and

6. A brief description of the remediation project.

(3) No underground injection control authorization by permit or rule shall be allowed where a Class V well causes or allows movement of fluid containing any contaminant into underground sources of drinking water, and the presence of that contaminant may cause a violation of any primary drinking water regulation under Chapter 403, F.S., and Chapter 62-550, F.A.C., or which may adversely affect the health of persons.

(4) If at any time the Department learns that an existing Class V well may cause a violation of primary drinking water standards under Chapter 62-550, F.A.C., the Department shall, as determined by following the process in subsection 62-528.100(2), F.A.C.:

(a) Require a permit for such Class V well;

(b) Order the injector to take such actions needed to prevent the violation, including, when necessary, closure of the injection well.

(c) Require monitoring to demonstrate that the water quality criteria in Rule 62-520.420, F.A.C., are not violated; or

(d) Take enforcement action.

(5) Whenever the Department learns that a Class V well may be otherwise adversely affecting the health of persons, the Department shall prescribe action necessary to prevent the adverse effect, including any action authorized under subsection (4). The process for determining these actions is described in subsection 62-528.100(2), F.A.C.

(6) Notwithstanding any other provision of this chapter, the Department shall take immediate action upon receipt of information that a contaminant which is present or is likely to enter a public water system may present an imminent and substantial endangerment to the health of persons.

(7) All Class V Group 3 wells designed to inject domestic wastewater in Monroe County shall be required as part of the operation permit application to provide reasonable assurance that operation of the well will not cause or contribute to a violation of surface water standards as defined in Chapter 62-302, F.A.C.

(8) Inventory Requirements.

(a) The owner or operator of any Class V well shall notify the Department of the existence of any well meeting the definitions of Class V under his control, and submit the inventory information required in subsection (9) below.

(b) The owner or operator of a cooling water return flow well, air conditioning return flow well, or swimming pool drainage well authorized under paragraph 62-528.630(2)(b), F.A.C., shall submit the inventory information required under that paragraph in lieu of that required by subsection (10) below.

(c) If the owner or operator of any Class V well authorized under this Section or paragraph 62-528.630(2)(b), F.A.C., fails to comply with the inventory requirements of this Section or paragraph 62-528.630(2)(b), F.A.C., that authorization shall automatically terminate.

(9) As part of the inventory, the Department shall require the following information:

(a) Facility name and location, including a plot plan showing location of well(s);

(b) Name and address of legal contact;

(c) Ownership of facility;

(d) Nature and type of injection wells, including installed dimensions of wells and construction materials;

(e) Operating status of injection wells, including history of injection;

(f) Volume of injected fluid;

(g) Nature of injected fluid;

(h) Description of injection system, including monitoring well(s), if any.

(10) A group of similarly designed injection wells within the same wellfield, owned and operated by the same applicant serving the same purpose may be permitted as a system rather than as individual wells; however, a separate permit fee as specified in paragraph 62-4.050(4)(m), F.A.C., shall be assessed for each well.

(11) At least 30 days prior to sale or legal transfer of a Class V well, the new owner shall notify the Department. Until such time as notice of change in ownership is submitted, the owner reflected on the permit/clearance shall be responsible for the operation of the well and for damages resulting from improper operation of the wells.

(12) A separate underground injection control permit shall be obtained for a Class V well which is constructed and operated as part of a fluid treatment or disposal system permitted by the Department.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 373.313, 403.021, 403.061, 403.062, 403.087, 403.088, 403.161 FS. History–New 4-1-82, Amended 5-8-85, Formerly 17-28.61, 17-28.610, 62-28.610, 62-528.610, Amended 8-10-95, 6-24-97, 7-15-99, 11-20-02.

Fla. Admin. Code R. 62-528.635 Construction/Clearance Permit for Class V Wells

(1) All owners or operators of Class V wells shall obtain a two-part Construction/Clearance Permit, except as provided in subsection 62-528.630(2), F.A.C. The applicant shall submit to the Department the following information before receiving permission to construct:

(a) Facility name and location;

(b) Name, address, and signature of owner (or authorized representative) of facility;

(c) Name, address, license number, and signature of Florida licensed water well contractor;

(d) Well location and depth, and casing diameter and depth for all water supply wells on the applicant’s property, and well location for all water supply wells of public record within a one-half mile radius of the proposed well;

(e) Description and use of proposed injection system, including type and construction of injection wells, physical and chemical analyses, estimated quantity, pertinent bacteriological analyses of injected fluid, and any proposed pretreatment;

(f) Proposed drilling and testing plan for any exploratory borehole or exploratory well proposed for the purpose of determining feasibility of Class V well injection at that site;

(g) If the flow of surface or other waters is directed by ditches or other artificial methods to the well, a delineation of the area drained by these features shall be provided.

(2) When site-specific conditions indicate that there is a threat to an underground source of drinking water, the applicant shall submit to the Department the following information before receiving permission to construct:

(a) Completed report of inspection by local programs or water management districts which have agreements with the Department.

(b) Bacteriological examination of the injection fluid, on-site monitor wells, and the nearest down-gradient domestic or public water supply well within a one-half mile radius that are drilled to the same formation(s) as the proposed Class V well. The bacteriological survey shall be conducted as follows:

1. Samples shall be collected from each well for the first three days of each week for four weeks.

2. Duplicate samples shall be collected in each case after the well has been pumped at least twenty minutes. Whenever a drainage well installation is approved following preliminary bacteriological survey of neighboring water supply wells, an identical survey of the same well shall be conducted following active use of the drainage well.

(c) If a drainage well or drainage structure will present a possible pollution hazard to an underground source of drinking water, additional data shall be required.

(3) Upon completion of the well construction, the water well contractor shall certify with the Department that the well has been completed in accordance with the approved construction plan, and submit any other additional information required by the construction permit before the well can be put into service.

(4) If the applicant demonstrates that the operation of the well will not adversely impact an underground source of drinking water, the Department shall issue an authorization to use a Class V well, which is non-renewable and non-expiring for the Class V groups or well types listed in paragraph (a) through (d) below. The authorization shall contain operating and reporting requirements. Other Class V wells not specifically exempted under paragraph 62-528.640(1)(c), F.A.C., shall obtain an operation permit before injecting fluids into the well.

(a) Group 1 wells on a closed-loop system with no provisions for additives, except those Group 1 wells receiving a general permit under Rule 62-528.705, F.A.C., or exempt from permitting under paragraph 62-528.630(2)(b), F.A.C.;

(b) Group 2, Group 7, and Group 9 wells (except swimming pool drainage wells) when the fluids being injected meet the primary and secondary drinking water quality standards contained in Chapter 62-550, F.A.C., and the minimum criteria contained in Rule 62-520.400, F.A.C.;

(c) Group 5 sand backfill wells; and

(d) Group 6 wells unless injection is into an underground source of drinking water.

(5) The permittee shall perform initial or periodic testing of the Class V well if site-specific factors or operational testing indicate that there is a threat to underground sources of drinking water.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 373.313, 403.021, 403.061, 403.062, 403.087, 403.088, 403.161 FS. History–New 4-1-82, Amended 8-30-82, Formerly 17-4.27(2) and Amended 5-8-85, Formerly 17-28.62, 17-28.620, 62-28.620, Amended 8-10-95, 6-24-97, 11-20-02.

Fla. Admin. Code R. 62-528.640 Operation Permit for Class V Wells

(1) In addition to a Construction/Clearance Permit, the owner or operator of these wells shall obtain an operation permit as required under this subsection.

(a) The following Class V groups and well types shall obtain an operation permit:

1. Cooling water return flow wells using an open-looped system, or any system using additives;

2. Groups 2, 7, and 8 wells, except swimming pool drainage wells, unless the fluids being injected meet the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C., and minimum criteria contained in Rule 62-520.400, F.A.C.;

3. Group 3 wells;

4. Group 4 wells;

5. Group 5 wells, except sand backfill wells; and

6. Group 6 wells if injection is into an underground source of drinking water.

(b) In addition to the Class V groups and well types listed in paragraph (a) above which are required to obtain an operation permit, the Department shall require the owner or operator of any Class V group or well type to obtain an operation permit if the Department determines that the operation of a Class V well has the potential to cause or allow fluid movement into an underground source of drinking water which may cause a violation of a primary or secondary drinking water standard contained in Chapter 62-550, F.A.C., or minimum criteria contained in Rule 62-520.400, F.A.C. In making this determination the Department shall consider the following:

1. Quality of water in all aquifers penetrated by the well;

2. Quality of the injection fluid;

3. Volume of fluid injected;

4. Existing and potential uses of aquifer within the area which may be affected by the well; and

5. Well construction.

(c) Operation permits are not required for Group 1 wells and swimming pool drainage wells meeting the requirements for a general permit under Rules 62-528.705 and 62-528.710, F.A.C., aquifer remediation wells authorized under the provisions of a remedial action plan as allowed under paragraph 62-528.630(2)(c), F.A.C., and Group 7 wells when the injection fluid meets the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C., and the minimum criteria contained in Rule 62-520.400, F.A.C., and have been processed through a permitted drinking water treatment facility.

(2) Operation permits shall be issued for a period not to exceed five years.

(3) At least 60 days before expiration of an operation permit, the owner or operator shall apply for renewal of his permit.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 373.313, 403.021, 403.061, 403.062, 403.087, 403.088, 403.161 FS. History–New 4-1-82, Amended 5-8-85, Formerly 17-28.63, 17-28.630, 62-28.630, Amended 8-10-95, 6-24-97.

Fla. Admin. Code R. 62-528.645 Plugging and Abandonment Permit for Class V Wells

(1) The owner or operator of any Class V well shall apply for a plugging and abandonment permit when the well is no longer used or usable for its intended purpose or other purpose as approved by the Department. The Application shall include the proposed plugging plan and justification for abandonment. Plugging shall be performed by a Florida licensed water well contractor.

(2) Upon completion of plugging and abandonment procedures, the engineer of record shall provide certification of completion in accordance with the plans and specifications.

(3) The owner or operator of any Class V well shall provide evidence, such as a sealed copy of certification from the county clerk, that a surveyor’s plot of the location of the abandoned well has been recorded in the county courthouse property records.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.308, 373.313, 403.021, 403.061, 403.062, 403.087, 403.088, 403.161 FS. History–New 4-1-82, Amended 5-8-85, Formerly 17-28.64, 17-28.640, 62-28.640, Amended 8-10-95.

Fla. Admin. Code R. 62-528.705 General Permit for the Construction of a Closed-Loop Air Conditioning Return Flow Well

(1) A general permit is hereby granted for the construction of a closed-loop air conditioning return flow well or noncontact, closed-loop thermal exchange system well, with no provision for additives, described in subparagraph 62-528.630(2)(a)1., F.A.C., that has been designed in accordance with the standards and criteria set forth in Rule 62-528.605, F.A.C., provided that notice to the Department under subsection 62-4.530(1), F.A.C., is submitted on Form 62-528.900(7).

(2) This general permit is subject to the general conditions of Rule 62-4.540, F.A.C., and the following specific conditions:

(a) Within thirty days of completion of construction, the permittee or his engineer of record shall certify to the Department that the permitted construction is complete and that it was done in accordance with the plans submitted to the Department.

(b) This general permit is limited to closed-loop systems as defined in sub-subparagraph 62-528.300(1)(e)1.a., F.A.C., with no provisions for additives.

(3) Subsections 62-528.630(3) through (6), F.A.C., apply to wells operating under a general permit.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.309, 373.313, 403.021, 403.031, 403.062, 403.087, 403.813 FS. History–New 5-8-85, Formerly 17-4.73, 17-4.730, 17-28.801, 62-28.801, Amended 8-10-95.

Fla. Admin. Code R. 62-528.710 General Permit for the Construction of a Swimming Pool Drainage Well

(1) A general permit is hereby granted for construction of a swimming pool drainage well that has been designed in accordance with the standards and criteria set forth in Rule 62-528.605, F.A.C., provided that notice to the Department under subsection 62-4.530(1), F.A.C., is submitted on Form 62-528.900(9).

(2) This general permit is subject to the general conditions of Rule 62-4.540, F.A.C., and the condition that within thirty days after completion of construction, the permittee or his engineer of record shall certify to the Department that the permitted construction is complete and that it was done in accordance with the plans submitted to the Department.

(3) Subsections 62-528.630(3) through (6), F.A.C., apply to swimming pool drainage wells operating under a general permit.

History

• Rulemaking Authority 373.309, 403.061, 403.087 FS. Law Implemented 373.309, 373.313, 403.021, 403.031, 403.062, 403.087, 403.813 FS. History–New 5-8-85, Formerly 17-4.74, 17-4.740, 17-28.802, 62-28.802, Amended 8-10-95, 6-24-97.

Fla. Admin. Code R. 62-528.900 Forms for Underground Injection Control

The forms used by the Department in the Underground Injection Control Program are adopted and incorporated by reference in this section. The form is listed by rule number, which is also the form number, and with the effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, Division of Water Facilities, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Application to Construct/Operate/Abandon Class I, III, or V Injection Well Systems, 6-24-97.

(2) Certification of Plugging Completion Class I, III, or V Well, 8-10-95.

(3) Construction/Clearance Permit Application for Class V Well, 8-10-95.

(4) Certification of Class V Well Construction Completion, 8-10-95.

(5) Authorization for Class V Well Use, 8-10-95.

(6) Application for Class V Well Plugging and Abandonment Permit, 8-10-95.

(7) General Permit Form for Closed-Loop Air Conditioning Return Flow Class V Injection Well, 8-10-95.

(8) Notification to the Florida Department of Environmental Protection of Class V Well Ownership, 8-10-95.

(9) Inventory Form for Single-Family Closed-Loop Air Conditioning Return Flow and Swimming Pool Drainage Class V Injection Wells, 8-10-95.

(10) Certification of Monitor Well Completion.

History

• Rulemaking Authority 373.309, 403.061, 403.062, 403.087 FS. Law Implemented 373.308, 403.021, 403.061 FS. History–New 11-30-82, Amended 5-8-85, Formerly 17-1.209, 62-28.900, Amended 8-10-95, 6-24-97.

Chapter 62-531 WATER WELL CONTRACTOR LICENSING REQUIREMENTS

Fla. Admin. Code R. 62-531.200 Definitions Used in Water Well Contractor Rules

The following words, when used in this chapter, shall have the following meanings, except where the context clearly indicates a different meaning:

(1) “Abandonment of Water Wells” means the act of plugging a water well in accordance with Department and District rules.

(2) “Administrator” means an entity awarded a contract by the Florida Department of Environmental Protection to implement a program of approved coursework for water well contractor licensure and license renewal.

(3) “Approved Coursework” means Administrator or Department-approved training or instruction required for licensure and license renewal.

(4) “Continuing Education Credit” or “CEC” means attendance and completion of one hour (at least fifty minutes) of approved coursework or instruction that has been converted to a CEC by the Administrator or the Department.

(5) “Coursework Hour” means one hour (at least fifty minutes) of training or instruction.

(6) “Department” means the State of Florida Department of Environmental Protection.

(7) “District” means a Water Management District created pursuant to chapter 373, F.S.

(8) “Drilling Equipment” means a drilling rig consisting of the machinery necessary to construct a well.

(9) “Construction of Water Wells” is defined in section 373.303, F.S.

(10) “Repair” is defined in section 373.303, F.S.

(11) “Water Well Contractor” is defined in section 373.303, F.S.

History

• Rulemaking Authority 373.043, 373.309, 373.337 FS. Law Implemented 373.308, 373.323, 373.324, 373.326, 373.329, 373.333 FS. History–New 5-25-89, Formerly 17-531.200, Amended 7-17-03, 6-22-14.

Fla. Admin. Code R. 62-531.300 Application Requirements for Water Well Contractors

(1) The Water Management Districts (Districts) shall accept applications for licensing as a water well contractor from any person who is at least 18 years of age, has knowledge of those rules adopted by the Department and the District which deal with the regulation of water wells, has at least two years experience in constructing, repairing, or abandoning wells, and has taken and completed a minimum of 12 approved coursework hours earned in the two-year period directly preceding the last day (July 31st) of the biennial renewal cycle. In addition, each application shall:

(a) Be submitted on forms provided by the District and delivered by mail, hand delivery, or electronic transmittal to the District and shall be accompanied by a nonrefundable application fee as set forth in rule 62-531.340, F.A.C.

(b) Contain proof of experience as provided in subsection (7) below.

(c) Include copies of certificates of completion of approved coursework. Confirmation of approved coursework completion will be accepted from the Department or the Administrator, if available, in lieu of certificates of completion.

(d) Include a request for the water well contractor examination described by rule 62-531.350, F.A.C.

(2) Approved coursework and CECs shall be governed by the requirements in the Water Well Contractor Continuing Education Program Manual effective date August 2019, https://www.flrules.org/Gateway/reference.asp?No=Ref-10908, hereby adopted and incorporated by reference, and requires the use of the following forms, which are also adopted and incorporated by reference:

(a) Coursework Certificate of Attendance and Evaluation, Florida Water Well Contractor Continuing Education Program, Form 1, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-04128,

(b) Florida Water Well Contractor Continuing Education Program, Certificate of Completion, Form 2, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-04129,

(c) Application for Continuing Education Coursework Approval, Florida Water Well Contractor Continuing Education Program, Form 3, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-04130, and

(d) Application for Continuing Education Course Provider, Florida Water Well Contractor Continuing Education Program, Form 4, effective 6-22-14, http://www.flrules.org/Gateway/reference.asp?No=Ref-04131.

Copies of the Water Well Contractor Continuing Education Program Manual and the forms referenced therein are available on the Department’s website at www.dep.state.fl.us or by writing the Department at 2600 Blair Stone Road, MS 3580, Tallahassee, FL 32399-2400.

(3) Completion of 12 approved coursework hours shall be required for licensure. A minimum of six approved coursework hours must be specifically related and relevant to water well construction industry drilling technologies, methodologies and practices and/or applicable State of Florida water well licensing, permitting and construction statutes and rules. No more than six approved coursework hours may be specifically related and relevant to water well contruction industry health and safety requirements, practices and procedures and/or business management and accounting practices and procedures. Completion of approved coursework hours can be converted one time either to CECs for contractor licensing or for contractor license point reduction, but not both.

(4) The District shall not schedule an applicant to take the required examination until his or her application has been reviewed and the applicant has met all other licensing conditions of this chapter. The applicant shall be provided three opportunities to take and pass the examination within 12 months after the applicant has become eligible to take the exam, otherwise the applicant must submit a new application for licensure and fee to the District.

(5) A license shall not be issued until the applicant successfully passes the required examination.

(6) A license issued by any Water Management District shall be valid in every Water Management District in the state.

(7) As set forth in section 373.323(3), F.S., satisfactory proof of two years experience in the construction, repair, or abandonment of water wells shall be demonstrated by providing the following:

(a) Evidence of the length of time the applicant has been engaged in the business of the construction, repair, or abandonment of water wells as a major activity, as attested to by a letter from three of the following persons:

1. A water well contractor;

2. A water well driller;

3. A water well parts and equipment vendor; or

4. A water well inspector employed by a governmental agency.

(b) A list of at least ten water wells that the applicant has constructed, repaired, or abandoned within the preceding five years. Of these wells, at least seven must have been constructed, as defined in section 373.303(2), F.S., by the applicant. The list shall also include information relating to the 10 water wells including:

1. The name and address of the owner or owners of each well;

2. The location, primary use, and approximate depth and diameter of each well that the applicant has constructed, repaired, or abandoned; and

3. The approximate date the construction, repair, or abandonment of each well was completed.

(8) If at any time after application and before licensure, information provided in the application changes, including the applicant’s address or principal place of business, the applicant shall update his or her application with any such changes within 30 days of the change or upon receipt of the license, whichever is sooner.

History

• Rulemaking Authority 373.043, 373.309, 373.337 FS. Law Implemented 287.0571, 373.323, 373.326, 373.329 FS. History–New 8-18-73, Amended 10-9-84, Formerly 17-20.02, Amended 6-16-86, Formerly 17-20.020, Amended 5-25-89, Formerly 17-531.300, Amended 7-17-03, 11-25-07, 6-22-14, 8-7-19.

Fla. Admin. Code R. 62-531.330 Water Well Contractor License Renewal

(1) Licenses issued pursuant to this chapter shall not be transferable and shall expire on July 31st of each odd numbered year of the biennial renewal cycle. A license may be renewed without examination for an ensuing two years by making application to the licensing District not later than the expiration date of the license and paying the biennial renewal fee. A contractor shall include his or her current address in each license renewal application. Such application shall extend the validity of the current active license until the District takes final agency action on the license renewal application.

(2) Twelve CECs shall be required for renewal of a license. A minimum of six approved coursework hours for CE credit must be specifically related and relevant to water well construction industry drilling technologies, methodologies and practices and/or applicable State of Florida water well licensing, permitting and construction statutes and rules. No more than six approved coursework hours for CEC may be specifically related and relevant to water well construction industry health and safety requirements, practices and procedures and/or business management and accounting practices and procedures.

(3) Water well contractor licenses shall be renewed only after the license holder has completed twelve approved coursework hours for CEC earned in the two-year period directly preceding the last day (July 31st) of the biennial renewal cycle. However, if a water well contractor has received his or her first license within 180 days before the end of the biennium renewal of licenses, the continuing education requirements shall be waived for the licensee’s first renewal cycle. Completion of approved coursework hours can be converted one time to either CECs for contractor licensing or for contractor license point reduction, but not both.

(4) Each application for license renewal shall include copies of certificates of completion of CEUs. Confirmation of approved coursework completion will be accepted from the Department or the Administrator, if available, in lieu of certificates of completion.

(5) A Florida licensed water well contractor who teaches approved coursework shall receive one CEC for each coursework hour of instruction.

(6) If a license is not renewed pursuant to subsection (1), before July 31 of each odd numbered year, the current license shall automatically revert to inactive status and may be renewed only in accordance with the requirements in rule 62-531.360, F.A.C.

(7) Notwithstanding the renewal requirements of this chapter and section 373.324(3), F.S., and those in section 250.4815, F.S., for members of the Florida National Guard and the United States Armed Forces Reserves, any active water well contractor license issued under this chapter to a service member as defined in section 250.01, F.S., or his or her spouse, both of whom reside in Florida, shall not become inactive while the service member is serving on military orders that take him or her over 35 miles from his or her residence and shall be considered an active license for up to 180 days after the service member returns to his or her Florida residence. If the license renewal requirements are met within the 180-day extension period, the service member or his or her spouse shall not be charged any additional costs, including late fees, above the normal license fees. This subsection does not waive renewal requirements such as registering, continuing education, and all associated fees. The service member must present to the water management district issuing the license a copy of his or her official military orders or a written verification from the member’s commanding officer before the end of the 180-day period in order to qualify for the extension.

(8) No application for a renewal shall be granted if the applicant’s license is suspended or revoked pursuant to rule 62-531.450, F.A.C., until the period for such suspension or revocation has expired and the applicant is in compliance with any outstanding corrective actions, orders, or payment of any fines ordered by the District or delegated permitting authority.

(9) If at any time during licensure the contractor changes his or her residence or principal place of business, which ever was initially submitted to the licensing District, the contractor shall notify the licensing District within 30 days of any change of address.

History

• Rulemaking Authority 373.043, 373.309, 373.337 FS. Law Implemented 373.323, 373.324, 373.326, 373.329 FS. History–New 5-25-89, Formerly 17-531.330, Amended 7-17-03, 11-25-07, 6-22-14.

Fla. Admin. Code R. 62-531.340 Water Well Contractor Fees

(1) The following fees are required for water well contractor license applications, biennial renewals, and late renewals:

(a) New License: A fee of $150 shall accompany each new application for a license.

(b) Biennial License Renewal: A fee of $50 shall accompany each application for a renewal of license.

(c) Late License Renewal: After July 31 of each odd numbered year, in addition to the normal license renewal fee, a late fee of $75 shall accompany each application for renewal of a license which has been inactive for one year or less.

(d) Administrative Fee for CEUs for License Renewal: A fee of $14 per CEU shall be submitted to the Administrator with the documentation of course completion.

(2) Regular employees of a political subdivision or governmental entity engaged in water well drilling shall be licensed in accordance with this chapter, but shall be exempt from paying the fees required in this chapter.

History

• Rulemaking Authority 373.043, 373.309 FS. Law Implemented 373.323, 373.324, 373.329 FS. History–New 5-25-89, Formerly 17-531.340, Amended 11-25-07.

Fla. Admin. Code R. 62-531.350 Water Well Contractor Examinations

(1) Water well contractor examinations shall be written, comprehensive examinations that are standardized statewide. Upon request, however, the exam can be administered orally by the District. The standardized examinations shall be prepared by the Department, in consultation with the Districts and representatives of the water well contracting industry. The examinations shall be designed to determine the applicant’s knowledge of applicable rules; ability to construct, repair, and abandon a well; and ability to supervise, direct, manage, and control the contracting activities of the water well contracting business.

(2) A grade on the examination of seventy percent or more shall be passing. Results of the examination shall be reported as either passing or failing. Each applicant is entitled to review the graded examination in the District office under staff supervision. Graded examinations are exempt from public disclosure pursuant to section 119.071(1)(a), F.S., and shall not be revealed to persons other than the applicant who completed the examination. Examinations or copies of examinations shall not be released to applicants or to the public and shall be retained by the Districts in a secured location.

(3) Examinations shall be given by the District monthly as scheduled by the District.

(4) Examinations shall be conducted at the Water Management District in which the applicant resides or in which his principal place of business is located. Examinations for out of state applicants shall be conducted in the District in which most of the business of the applicant will take place.

History

• Rulemaking Authority 373.043, 373.308, 373.309 FS. Law Implemented 373.323, 373.329 FS. History–New 8-18-73, Amended 10-9-84, Formerly 17-20.03, 17-20.030, Amended 5-25-89, Formerly 17-531.350, Amended 11-25-07, 6-22-14.

Fla. Admin. Code R. 62-531.360 Inactive Status of Water Well Contractor License

(1) A license not renewed before July 31 of each odd numbered year shall automatically revert to inactive status. Such license may be reactivated only if the licensee meets the requirements for reactivation in subsection (3), below.

(2) At least sixty days before the automatic reversion of a license to inactive status, the District which issued the license shall mail a notice of reversion to the last known address of the licensee as it appears on the District records. If the notice is mailed less than sixty days before the automatic reversion, the licensee shall still have sixty days in which to reactivate the license.

(3) A license which has become inactive pursuant to subsection (1), above, may be renewed or reactivated upon application to the District as follows:

(a) A license which has been inactive for one year or less after July 31 of each odd numbered year may be renewed pursuant to rule 62-531.330, F.A.C., upon application to the District and upon payment of the renewal and late fees established in rule 62-531.340, F.A.C. Such renewed license shall expire on July 31 of the next odd numbered year.

(b) A license which has been inactive for more than one year after July 31 of each odd numbered year may be reactivated upon application to the District for licensure pursuant to rule 62-531.300, F.A.C.

History

• Rulemaking Authority 373.043, 373.309 FS. Law Implemented 373.325 FS. History–New 5-25-89, Formerly 17-531.360.

Fla. Admin. Code R. 62-531.380 Display of Water Well Contractor License Number

(1) The District shall assign each water well contractor a unique, permanent license number, and shall issue a certificate with that license number to the water well contractor. License numbers are not transferable and shall not be used by another water well contractor.

(2) The license number shall be continuously displayed in a conspicuous place on both sides of each piece of drilling equipment owned, leased, or operated by the contractor. The number shall be easily readable by a person with normal vision and shall be in a color which will contrast with its background. The number shall be presented in numerals not less than two inches high.

History

• Rulemaking Authority 373.043, 373.309, 373.337 FS. Law Implemented 373.323, 373.326, 373.329 FS. History–New 8-18-73, Amended 10-9-84, Formerly 17-20.06, 17-20.060, Amended 5-25-89, Formerly 17-531.380, Amended 6-22-14.

Fla. Admin. Code R. 62-531.390 Exemptions from Water Well Contractor Licensing Requirement

History

• Rulemaking Authority 373.043, 373.309 FS. Law Implemented 373.326 FS. History–New 5-25-89, Formerly 17-531.390, Repealed 2-16-12.

Fla. Admin. Code R. 62-531.400 Procedures for Disciplinary Actions

History

• Rulemaking Authority 373.043, 373.309 FS. Law Implemented 120.60, 373.306, 373.309, 373.323, 373.333 FS. History–New 8-18-73, Amended 10-9-84, Formerly 17-20.05, 17-20.050, Amended 5-25-89, Formerly 17-531.400, Repealed 6-22-14.

Fla. Admin. Code R. 62-531.450 Unlawful Acts, Grounds for Disciplinary Actions, and Penalties

(1) It is unlawful for any person to commit a violation specifically enumerated in sections 373.336(1), F.S. When the Department, Districts, or delegated permitting authority finds a person has violated rules of the Department or Water Management District, or part III, chapter 373, F.S., the person shall be subject to an order imposing one or more of the penalties and corrective actions established in the Water Well Construction Disciplinary Guidelines and Citations Dictionary, effective date 6-22-14, adopted and incorporated by reference herein. A copy of the Citations Dictionary is available at the Department’s website at: www.dep.state.fl.us or by writing the Department at 2600 Blair Stone Road, MS 3580, Tallahassee, FL 32311-2400, http://www.flrules.org/Gateway/reference.asp?No=Ref-03955.

(2) It is unlawful for a business entity to commit a violation specifically enumerated in section 373.336(2), F.S. When the Department, Districts, or delegated permitting authority finds a business entity has violated rules of the Department or Water Management District, or part III, chapter 373, F.S., the person shall be subject to an order imposing one or more of the penalties and corrective actions established in the Water Well Construction Disciplinary Guidelines and Citations Dictionary, effective date 6-22-14.

(3) It shall be a violation of this rule for any licensed contractor, or any individual attempting to obtain a license or having a revoked, suspended, or inactive license, to commit one of the grounds for disciplinary action specifically enumerated in section 373.333, F.S. When the Department, Districts, or delegated permitting authority finds a licensed contractor, or any individual attempting to obtain a license or having a revoked, suspended, or inactive license has violated rules of the Department or Water Management District, or part III, chapter 373, F.S., the person shall be subject to an order imposing one or more of the fines and diciplinary actions established in the Water Well Construction Disciplinary Guidelines and Citations Dictionary, effective date 6-22-14.

(4) The Department, Districts or delegated permitting authorities shall provide for disciplinary action in accordance with the Water Well Construction Disciplinary Guidelines and Citations Dictionary, effective date 6-22-14, and as provided for in sections 373.333 and 373.336, F.S.

History

• Rulemaking Authority 373.043, 373.308, 373.309 FS. Law Implemented 373.306, 373.309, 373.316, 373.319, 373.333, 373.335, 373.336 FS. History–New 8-18-73, Amended 10-9-84, Formerly 17-20.09, 17-20.090, Amended 5-25-89, 12-2-92, Formerly 17-531.450, Amended 12-25-02, 11-25-07, 6-22-14.

Chapter 62-532 WATER WELL PERMITTING AND CONSTRUCTION REQUIREMENTS

Fla. Admin. Code R. 62-532.100 Intent of Water Well Permitting and Construction

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.016, 373.026, 373.043, 373.103, 373.113, 373.306, 373.308, 373.309 FS. History–New 8-17-74, Formerly 17-21.01, 17-21.001, Amended 7-30-89, 3-11-92, Formerly 17-532.100, Repealed 12-9-96.

Fla. Admin. Code R. 62-532.200 Definitions for Water Well Permitting and Construction

The following words and phrases, when used in this chapter, shall have the following meaning, except where the context clearly indicates a different meaning:

(1) “Abandoned Well” means a well the use of which has been permanently discontinued or which is in such a state of disrepair that it cannot be used for its intended purpose or for observation purposes.

(2) “Annulus” or “Annular Space” means any artificially created void existing between a well casing or liner pipe and a bore hole wall or between two casings or between tubing and casing or liner pipe.

(3) “Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells, springs or surface water.

(4) “Bentonite” means a pumpable grouting material used for plugging or sealing water wells, consisting of a high solid sodium montmorillonite. The grout shall yield solids ranging from 20 to 30 percent, with a minimum density equal to or greater than 9.4 pounds per gallon, and a permeability of approximately 1x10-7 centimeters per second or less, or shall be dry non-treated, high swelling sodium montmorillonite. High swelling is defined as having a minimum swell index of 18 cubic centimeters as determined by ASTM standard D-5890-95.

(5) “Bottled water” means water that is intended for human consumption and that is sealed in bottles or other containers.

(6) “Bottled water plant” means a food establishment, regulated by the Florida Department of Agriculture and Consumer Services, in which bottled water is prepared for sale.

(7) “Construction of Water Wells” means all parts and acts necessary to obtain ground water by wells, including the location and excavation of the well, but excluding the installation of pumps and pumping equipment.

(8) “Department” means the Department of Environmental Protection.

(9) “Dewatering” means the use of wells or other such equipment to temporarily lower a water level as may be necessary during construction activities.

(10) “District” means a water management district created pursuant to Chapter 373, F.S.

(11) “Drive Shoe” means any device specifically designed, fabricated, and installed to protect the bottom end of a water well casing or liner pipe from collapse or other damage while the casing or liner pipe is being driven into place in a water well.

(12) “Driven Casing” means casing that has been installed by driving where the bore hole is equal to or smaller in diameter than the nominal outside diameter of the casing.

(13) “Geothermal well” means a type of well used for the purpose of developing ground water as a medium for thermal heat exchange.

(14) “Limited use commercial public water system” means a public water system not covered or included in the Florida Safe Drinking Water Act, which serves one or more nonresidential establishments and provides piped water.

(15) “Limited use community public water system” means a public water system not covered or included in the Florida Safe Drinking Water Act, which serves five or more private residences or two or more rental residences, and provides piped water.

(16) “Liner” means a metallic or nonmetallic pipe which is installed either within the outer casing to improve, repair, or protect the outer casing or below the outer casing to seal off caving material which may be encountered in the open hole of the well.

(17) “Multifamily water system” means a water system that provides piped water for three to four residences, one of which may be a rental residence.

(18) “Neat Cement Grout” means a mixture of water and Portland cement (American Concrete Institute Type I, Type II, or Type III); or a mixture of water and Portland cement of a type or kind approved by the permitting authority; or a mixture of water, Portland cement of a type or kind approved by the permitting authority, and an amount of those additives approved for use in cement grouts and approved by the permitting authority.

(19) “Nominal” means those standard sizes of pipe from one-eighth inch to 12 inches, specified on the inside diameter, which may be less than or greater than the number indicated. When referred to the grouting annulus, nominal means either the available void thickness between telescoped casing varying less than 0.20 inches below standard where one inch of grout is required and 0.35 inches below standard where two inches of grout is required, or the average available void thickness between the borehole and outside wall of the casing.

(20) “Permitting Authority” means the Department or any district, or political subdivision that has been delegated the authority to issue permits under Chapter 373, Part III, F.S.

(21) “Potable water” means water that is satisfactory for human consumption, dermal contact, culinary purposes, or dishwashing.

(22) “Private water system” means a water system that provides piped water to one or two residences, one of which may be a rental residence.

(23) “Public water system” means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.

(24) “Repair” means any action which involves the physical alteration or replacement of any part of a well, but does not include the alteration or replacement of any portion of a well which is above ground surface.

(25) “Telescoping Casing” means an interior casing extending below and sealed within an exterior casing.

(26) “Water Well” or “Well” means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development, or artificial recharge of ground water, but such term does not include any well for the purpose of obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying; for inserting media to dispose of oil brines or to repressure oil-bearing or natural gas-bearing formation; for storing petroleum, natural gas, or other products; or for temporary dewatering of subsurface formations for mining, quarrying, or construction purposes.

(27) “Water Well Contractor” means an individual who is responsible for the construction, repair, or abandonment of a water well and who is licensed under Chapter 62-531, F.A.C., to engage in the business of construction, repair, or abandonment of wells.

(28) “Well Seal” means an approved arrangement or device to prevent contaminants from entering the well at the upper terminal.

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.303, 381.0062, 403.852 FS. History–New 8-17-74, Amended 7-16-81, Formerly 17-21.02, 17-21.020, Amended 7-30-89, 3-11-92, Formerly 17-532.200, Amended 3-28-02, 10-7-10.

Fla. Admin. Code R. 62-532.300 General Provisions for Water Well Permitting and Construction

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.043, 373.106, 373.303, 373.306, 373.309, 373.313, 373.316 FS. History–New 8-17-74, Formerly 17-21.03, 17-21.030, Amended 7-30-89, 3-11-92, Formerly 17-532.300, Repealed 12-9-96.

Fla. Admin. Code R. 62-532.400 Permit for Water Well Construction, Repair, or Abandonment

(1) After the effective date upon which a district implements a permit system pursuant to Chapter 373, Part III, F.S., a permit shall be required before beginning construction, repair, or abandonment of any water well within such area. The permit shall be obtained from the permitting authority by making written application on Form Number 62-532.900(1), State of Florida Permit Application to Construct, Repair, Modify, or Abandon A Well, adopted and incorporated herein, and available as described in Rule 62-532.900, F.A.C. The application shall be made and submitted to the permitting authority by the owner or by the water well contractor on behalf of the owner. Any required fee shall be submitted with the permit application.

(2) Permit issuance shall require that:

(a) The application is in the proper form and contains the required information; provided that the proposed construction, repair, or abandonment will not violate applicable laws, rules, or orders of the permitting authority.

(b) Additional information shall be required by the permitting authority if needed to assess site specific conditions. Such information includes geophysical logs, geologic samples and logs, and well pumping tests.

(3) Receipt of the permit by the applicant shall constitute permission to begin well construction, repair, or abandonment.

(4) The permit shall be available for inspection at the site of the well during construction, repair, or abandonment of the well.

(5) Any permittee who desires to change the location of a well before the start of construction or before construction is completed shall apply to the permitting authority for an amendment to the well construction permit. When a permit fee was required to obtain the original permit no additional fee shall be charged to amend the permit. As a condition to approving an amended permit, the permitting authority shall require the sealing or plugging of any incomplete well.

(6) Each permit shall be valid for a period of one year. In the event construction, repair, or abandonment is not completed within that time, the permitting authority shall extend the time limit upon written request by the permittee or require the applicant to obtain a new permit before continuing construction, repair, or abandonment of a water well.

(7) Water wells shall be located to comply with the setback distances in Table I at the end of this chapter.

(8) A drinking water supply well installed by an installation used to serve that installation’s operation is exempt from meeting the 500-foot setback distance from on-site slow rate and rapid rate land application flow systems, domestic wastewater residuals land application, phosphogypsum stack systems, and solid waste disposal facilities if reasonable assurance is provided by the installation owner that the ground water and drinking water source are protected. Reasonable assurance shall be demonstrated if:

(a) The planned withdrawal from the drinking water supply well will not cause the discharge from the operation to be captured by the well, or

(b) The drinking water supply well is withdrawing from a confined aquifer, or

(c) Additional monitoring of the ground water and the drinking water is provided to ensure that contaminants are not reaching the drinking water supply well and a commitment is made to treat the drinking water supply if a contaminant is detected or to provide an alternate drinking water supply, and

(d) The setback distances from sanitary hazards as provided in Table I shall apply.

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.306, 373.308, 373.309, 373.316, 403.862 FS. History–New 8-17-74, Amended 9-10-78, Formerly 17-21.04, 17-21.040, Amended 7-30-89, 3-11-92, Formerly 17-532.400, Amended 3-28-02, 10-7-10.

Fla. Admin. Code R. 62-532.410 Water Well Completion Report

Within 30 days after completion of the construction, repair, or abandonment of any water well, a written report shall be filed with the permitting authority on Form Number 62-532.900(2), State of Florida Well Completion Report, adopted and incorporated herein, and available as described in Rule 62-532.900, F.A.C.

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.309 FS. History–New 8-17-74, Formerly 17-21.05, 17-21.050, Amended 7-30-89, Formerly 17-532.410, Amended 10-7-10.

Fla. Admin. Code R. 62-532.420 Emergency Water Well Permits

(1) Permission to begin construction, repair, or abandonment of any well may be applied for by telephone when emergency conditions exist that justify such a request. The permitting authority shall grant an emergency permit to avert an imminent and substantial danger to the public health, safety, or welfare.

(2) The applicant for an emergency permit shall reduce his application to writing in accordance with the provisions of Rule 62-532.400, F.A.C., and submit it within ten days. All other provisions of this chapter shall remain applicable.

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.306, 373.309, 373.313, 373.326 FS. History–New 8-17-74, Formerly 17-21.06, 17-21.060, Amended 7-30-89, Formerly 17-532.420, Amended 10-7-10.

Fla. Admin. Code R. 62-532.430 Intent to Deny a Water Well Construction Permit

(1) The permitting authority shall issue an intent to deny whenever it determines that an application for a permit under Rule 62-532.400, F.A.C., fails to meet the requirements of Chapter 373, F.S., or any rule, order, or standard adopted pursuant thereto, or that the proposed well will be harmful to the water resources of the State.

(2) The intent to deny shall:

(a) State the grounds for denial, and

(b) Be served in writing upon the owner and user by registered or certified mail.

(3) Any person receiving an intent to deny may petition for hearing by filing a written petition with the permitting authority within 30 days of the receipt of the intent. The hearing shall be conducted pursuant to Chapter 120, F.S.

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.306, 373.309, 373.313, 373.333, 373.342 FS. History–New 8-17-74, Formerly 17-21.07, 17-21.070, Amended 7-30-89, Formerly 17-532.430.

Fla. Admin. Code R. 62-532.440 Abandonment of Water Wells

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.306, 373.309, 373.313, 373.316, 373.333 FS. History–New 8-17-74, Formerly 17-21.09, 17-21.090, Amended 7-30-89, Formerly 17-532.440, Repealed 10-7-10.

Fla. Admin. Code R. 62-532.500 Water Well Construction Standards

The following minimum standards shall apply to the construction, repair, and abandonment of water wells in the State unless exempted by a water management district rule with the concurrence of the Department. Operation requirements for public water systems are included in Chapter 62-555, F.A.C., and operation requirements for limited use public water systems, multifamily water systems, and private water systems are included in Chapter 64E-8, F.A.C.

(1) Well Casing, Liner Pipe, Coupling, and Well Screen Requirements.

(a) Well casing, liner pipe, coupling, and well screen shall be new or in like new condition. Such well casing, liner pipe, coupling, or well screen shall not be used unless free of breaks, corrosion and dents, is straight and true, and not out of round. Welded or seamless black or galvanized steel pipe or casing, or stainless steel pipe or casing, or approved types of nonmetallic pipe shall be used for well casing or liner pipe. All well casing shall conform to one of the following standards: American Society for Testing and Materials (ASTM) A53/A53M-99b (1999), A135-01 (2001), A252-98 (1998), A589-96 (1996), or American Petroleum Institute (API) 5L-2000 (2000). Well casing that conforms to any of the aforementioned ASTM or API standards shall also conform to the 2000 American National Standard Institute for Welded and Seamless Wrought Steel Pipe (ANSI/ASME B36.10M-2000). All well casing shall be stenciled with the applicable standard, or proper documentation of manufacturer specifications must be supplied to the permitting authority upon request. Copies of these standards may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959; the American Petroleum Institute, 1220 L Street NW, Washington, DC 20005-4070; and the American National Standards Institute, 1819 L Street NW, Washington, DC 20036, respectively.

(b) Black or galvanized steel casing installed by driving shall not have less than the dimensions and weights specified below.

Nominal

Outside

Wall

Plain End

Size

Diameter

Thickness

Weight

(in.)

(in.)

(in.)

(lbs./ft.)

1.25

1.660

.140

2.27

1.5

1.900

.145

2.72

2

2.375

.154

3.65

3

3.5

.216

7.58

3.5

4.000

.226

9.11

4

4.5

.237

10.79

5

5.563

.258

14.62

6

6.625

.280

18.97

8

8.625

.277

24.70

10

10.750

.307

34.24

12

12.750

.330

43.77

14-30

.375

more than 30

.500

Note: A 4 inch nominal size casing with a wall thickness of .188 inches and a plain end weight of 8.66 pounds/foot may be used if it conforms to standard API 5L-2000, Grade B, 60 KSI tensile strength. Other casing that meets these minimum tensile strength standards shall be acceptable. For example, A53/A53M-99b, Grade B, may also be substituted.

(c) Black or galvanized steel casing or liner pipe set into place without driving shall not have less than the dimensions and weights specified below.

Nominal

Outside

Wall

Plain End

Size

Diameter

Thickness

Weight

(in.)

(in.)

(in.)

(lbs./ft.)

1.25

1.660

.140

2.27

1.5

1.900

.145

2.72

2

2.375

.154

3.65

2.5

2.875

.203

5.79

3

3.500

.188

6.65

3.5

4.000

.188

7.65

4

4.500

.188

8.66

5

5.500

.188

10.79

6

6.625

.188

12.92

8

8.625

.188

16.94

10-16

.250

16

.375

(d) Stainless steel pipe used for casing or liner pipe shall be Schedule 10S of the American National Standards Institute (ANSI/ ASME B36.19M-1985), or stronger classification.

(e) Polyvinyl Chloride (PVC) pipe may be used for well casing, liner pipe, and well screens. Any PVC pipe used for well construction or repair shall at a minimum meet the specifications for Schedule 40 or Standard Dimension Ratio (SDR) 21. The appropriate water management district shall require the use of stronger PVC casing if necessary to protect the integrity of the well.

(f) The Department shall approve a well casing or liner pipe not otherwise specified in paragraphs 62-532.500(1)(a) through (e), F.A.C., if the applicant makes a showing, certified by a professional engineer, to justify that such use would provide an equivalent material strength and durability. The following material has been approved pursuant to this procedure: DNS Well-Cor, Allied Tube and Conduit, A Division of Grinnel Corporation, 1440 Massaro Boulevard, Tampa, Florida, 33619.

Nominal

Outside

Wall

Size

Diameter

Thickness

(in.)

(in.)

(in.)

1.25

1.638

.085

2

2.360

.095

4

4.466

.150

(g) Well casing, liner pipe, coupling, and well screens used for potable water well construction or repair shall conform to 2008 NSF International Standard/American National Standard NSF/ANSI 14-2008e, Plastics Piping System Components and Related Materials, or NSF International Standard/American National Standard NSF/ANSI 61-2008, Drinking Water System Components – Health Effects, both of which are adopted and incorporated by reference herein. Copies of these copyrighted standards may be obtained from NSF International, P. O. Box 130140, Ann Arbor, MI 48113-0140.

(h) Steel well casing and liner pipe shall be joined in a watertight manner by threaded couplings, electrical welding methods, or other methods approved by the appropriate water management district which provide equivalent protection. PVC pipe shall be joined by solvent bonded couplings, threaded couplings, heat welding, or other methods approved by the appropriate water management district which provide equivalent protection.

(i) Nonmetallic and stainless steel well casing or liner pipe shall not be installed by driving unless prior approval is obtained from the appropriate water management district based on a demonstration that the integrity of the well casing or liner pipe will be maintained. For well casing or liner pipe installed by driving, the casing or pipe shall not butt together inside threaded couplings unless the joint is electrically welded so as to be completely watertight. A drive shoe is required for use on casing or pipe installed by driving unless prior approval is obtained from the appropriate water management district based on a demonstration that a drive shoe is not necessary to maintain the integrity of the casing or pipe.

(2) Geothermal well heat exchanger pipe and fitting materials shall meet the standards and specifications in the document Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards, Revised Edition 2008, published by the International Ground Source Heat Pump Association, Oklahoma State University, which is adopted and incorporated by reference herein. In addition, the reference Closed-Loop/Ground-Source Heat Pump Systems Installation Guide, 1988, Oklahoma State University, is excellent and is included here as a guidance document. Copies of all of these references may be obtained from the International Ground Source Heat Pump Association, Oklahoma State University, 374 Cordell South, Stillwater, OK 74078-8018.

(a) All geothermal well heat exchanger pipe and fitting materials shall be stenciled with the applicable standard, or proper documentation of manufacturer specifications must be supplied to the permitting authority upon request.

(b) The Department or the permitting authority shall approve geothermal well heat exchanger pipe and fitting materials not meeting the standards and specifications in the document adopted in subsection 62-532.500(2), F.A.C., if the applicant makes a showing, certified by a professional engineer, to justify that such use would provide an equivalent material strength and durability.

(3) Well Construction Criteria.

(a) Well casings, which are seated into unconsolidated earth material, shall extend from the upper terminus of the well to the well screen. The well screen shall be attached to the casing with a watertight seal.

(b) Well casings that are seated into a rock layer or other consolidated earth material, shall be continuous and shall extend from the upper terminus of the well to no less than the top of the uppermost consolidated unit. Wells constructed of telescoping casings shall be considered as a continuous casing provided the grout requirements are met. The lower terminus of the well casing shall extend to or below the water level of the aquifer intended to supply water to the well or receive fluids from the well. In addition, all caving zones below the uppermost consolidated unit shall be cased.

(c) Geothermal wells shall be grouted in accordance with subparagraph 62-532.500(3)(i)6., F.A.C.

(d) For public water system wells using telescoped casing, the casing shall be overlapped by not less than 20 feet when increases or reductions occur in casing size, unless another footage is approved by the appropriate water management district or permitting authority. Not less than two centralizing spacers shall be used in the overlapped sections, and the annular space in the overlapped sections shall be completely sealed with cement grout.

(e) Prevention of Interchange of Water and Loss of Artesian Pressure. All water wells shall be properly designed and constructed to prevent an interchange of water between water bearing zones that may result in deterioration of the quality of water in one or more water bearing zones, or will result in a loss of artesian pressure. If a well cannot be properly completed to prevent such an unauthorized interchange of water between water bearing zones or to prevent a loss of artesian pressure, the well shall be abandoned and plugged in accordance with this chapter or other directions from the permitting authority, which are appropriate for the hydrogeologic conditions encountered.

(f) In the construction, repair, or abandonment of a water well, caution shall be taken to maintain the work site so as to minimize the potential entrance of contaminants into the bore hole and the ground water resource.

(g) Only water from a potable water source shall be used in the construction, repair or abandonment of a water well, including water for cleaning of well materials, drilling equipment, and water used to mix drilling fluids.

(h) Use of Explosives. The use of dynamite or other high-grade explosives in the construction or repair of water wells is prohibited.

(i) Grouting and Sealing.

1. All well casings seated into a consolidated formation shall be seated or sealed with neat cement grout.

2. Except as provided in 3. below, wells with driven casing into natural earth or a bore hole equal to or smaller in diameter than the outside diameter of the casing shall be sealed by adding dry bentonite to the casing string at land surface and allowing that material to be carried down the outside of the casing as the casing is driven to completion. Dry bentonite shall be applied to maintain a grout seal around the casing.

3. In the construction of water wells with driven casing, for limited use commercial public water systems, limited use community public water systems, public water systems, potable water wells permitted pursuant to Chapter 62-524, F.A.C., and water wells serving bottled water plants, the minimum acceptable seal shall be accomplished by undercutting or under-reaming the last five feet of the hole before seating the casing. A minimum of one foot of such enlarged hole must be into the consolidated formation in which the casing will be seated. The entire enlarged portion of the hole shall be filled with cement grout, and then the casing shall be driven through the cement grout and seated into the enlarged one-foot portion of the consolidated formation. The uppermost 20 feet of casing shall be sealed with no less than a two-inch nominal thickness of cement grout. No other minimum seal shall be acceptable unless approved by the appropriate water management district or delegated permitting authority as providing equivalent protection to the resource.

4. For any part of a well casing with an outside diameter of four inches or larger intended to be installed in a bore hole which is larger in diameter than the inside diameter of the casing, the annular space shall be filled from bottom to top with not less than a nominal two-inch thickness of neat cement grout. For well casings with an outside diameter of less than four inches, intended to be installed in a bore hole which is larger in diameter than the inside diameter of the casing, the minimum grout thickness shall be a nominal one inch thickness of neat cement grout. The casing shall be centered in the bore hole prior to grouting. In those cases where, during grouting operations, circulation of the grout is lost so that the annular space being grouted cannot be filled in one continuous operation, a tremie pipe shall be installed in the annular space to a point immediately above the zone of lost circulation and the annulus shall be bridged at that point by sand or other approved material introduced through the pipe. Grouting of the annular space shall be completed using the tremie pipe or other equivalent method approved by the permitting authority.

5. Any district may grant individual exceptions or, with the concurrence of the Department, may exempt any areas of that district from the requirements of cement grouting the annular space between the well casing and bore hole wall of that part of a well which penetrates an unconsolidated formation upon demonstration that:

a. The unconsolidated formation material is of such a caving nature that upon stopping the circulation of drilling fluid through the well the aquifer material will immediately cave into and fill up the annular space between the well casing and bore hole wall.

b. A flow space is not created by such construction that will allow any movement of waters along the outside of the well casing which did not naturally occur prior to construction of the well.

6. Except as provided in subparagraph 5. above, grouting and sealing of water wells shall be accomplished by the practices and methods recommended by Appendix C of American Water Works Association (AWWA) Standard A100-97 (1997), AWWA Standard for Water Wells, and grouting and sealing of geothermal wells shall be accomplished by the practices and methods recommended by the Vertical Geothermal Heat Pump Systems Engineering Design and Field Procedures Manual, published by the International Ground Source Heat Pump Association, First Edition 2000, Oklahoma State University, which are adopted and incorporated by reference herein. Copies of these recommended practices and methods may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235; and the International Ground Source Heat Pump Association, Oklahoma State University, 374 Cordell South, Stillwater, OK 74078-8018, respectively.

7. Alternate grouting methods and materials providing equivalent protection shall be approved in writing by the permitting authority. Alternatives to the grouting methods described in subparagraphs 1.-6. above, must be requested for use from the permitting authority as part of the construction permit application, or once construction begins only in situations where the methods in the rules are not working. In either situation, a detailed explanation of what and why alternate methods are requested must be provided. Alternate grout materials (other than neat cement grout) must be requested in the construction permit application, or once construction begins only when neat cement grout is not providing or will not provide as good a seal as the alternate materials.

(4) Top of the Well.

(a) Well Covers.

1. Whenever there is an interruption in work on the well, such as overnight shutdown, the well opening shall be sealed with a tamper resistant cover.

2. Except for those areas of a district designated by the Department with the concurrence of the permitting authority, any well in which pumping equipment is installed seasonally or periodically shall, whenever pumping equipment is not installed, be capped with steel or reinforced concrete cover, or valve.

3. Any cased well equipped with permanently installed pumping equipment shall have that pumping equipment and any necessary piping installed through a well seal.

4. Any unused well shall be capped in a watertight manner with a threaded, welded, or bolted cover or valve.

(b) Upper Terminus.

1. At the time of well construction, all wells shall be accessible at the upper terminus of the well casing for inspection, servicing, and testing.

2. For private and multi-family water system wells and irrigation wells, the upper terminus of the well casing shall project at least 12 inches above finished grade. Where a potential physical structure or traffic hazard may be present or where a potential public health threat exists, the upper well casing terminus may be placed in an appropriate enclosure terminating at finished grade. The enclosure shall be designed to allow vertical access to the upper well casing terminus for maintenance and inspection and provide for gravity drainage of the enclosure. The upper well casing terminus shall be constructed to a point 18 inches or less below finished grade. The upper well casing terminus shall be sealed with a water tight seal to prevent the entrance of surface water and contaminants into the well.

3. For limited use commercial public water system wells and limited use community public water system wells constructed on or after April 1, 2002, the upper terminus of the well casing shall project at least 12 inches above the concrete apron around the well.

4. For public water system wells constructed on or after April 1, 2002, the upper terminus of the well casing shall project at least 12 inches above the pump house floor, pump pit floor, or concrete apron around the well.

5. For public water system wells, limited use commercial public water system wells, and limited use community public water system wells constructed on or after April 1, 2002, located at sites subject to flooding, the upper terminus of the well casing shall project at least 12 inches above the 100-year flood elevation and 100-year wave-action elevation. Where it is not practicable to comply with this requirement, the water management district or delegated permitting authority shall allow exceptions on a case-by-case basis provided the upper terminus of the well casing is fitted with a watertight seal.

6. Public water system wells, limited use commercial public water system wells, and limited use community public water system wells, shall be equipped with a sealable opening that will allow introduction of disinfectants and measurement of static water level and drawdown or artesian pressure.

(c) Well Aprons. For public water system wells, limited use commercial public water system wells, and limited use community public water system wells constructed on or after April 1, 2002, not located within a pump house or pump pit, a concrete apron at least six feet by six feet and at least four inches thick shall be centered around the well. The bottom surface of the concrete apron shall be constructed on top of the finished grade, and the top surface of the concrete apron shall be sloped to drain away from the well casing.

(d) Flowing Wells. If the well flows at land surface, control shall be provided by valved pipe connections, watertight pump connections, or receiving reservoirs set at an altitude corresponding to the artesian head.

(5) Plugging. All abandoned wells shall be plugged by filling them from bottom to top with neat cement grout or bentonite and capped with a minimum of one foot of neat cement grout. An alternate method providing equivalent protection shall be approved in writing by the Department or the permitting authority.

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.309, 373.313, 373.316 FS. History–New 8-17-74, Formerly 17-21.10, 17-21.100, Amended 7-30-89, 3-11-92, Formerly 17-532.500, Amended 3-28-02, 10-7-10.

Fla. Admin. Code R. 62-532.510 Water Well Inspections

(1) During the construction, repair, or abandonment of any well, the Department or the permitting authority may conduct inspections as is necessary to ensure conformity with applicable standards. Duly authorized representatives of the Department or the permitting authority shall be given access, at reasonable times, to any premises for the purpose of such inspection.

(2) If during construction, repair, or abandonment, the Department or the permitting authority finds the work does not meet the requirements of rules and standards adopted pursuant to Chapter 373, F.S., the Department or the permitting authority shall give the owner and water well contractor written notice pursuant to the requirements in Section 120.60, F.S.

History

• Rulemaking Authority 373.309 FS. Law Implemented 120.60, 373.316, 373.319, 373.323, 373.333 FS. History–New 8-17-74, Formerly 17-21.11, 17-21.110, Amended 7-30-89, Formerly 17-532.510.

Fla. Admin. Code R. 62-532.600 Enforcement of Water Well Permitting and Construction Requirements

Enforcement shall be as provided by Section 373.333, F.S.

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.129, 373.333 FS. History–New 8-17-74, Formerly 17-21.12, 17-21.120, Amended 7-30-89, Formerly 17-532.600.

Fla. Admin. Code R. 62-532.610 Penalties for Violation of Water Well Permitting and Construction Requirements

Penalties shall be as provided by Section 373.336, F.S.

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.336 FS. History–New 8-17-74, Formerly 17-21.13, 17-21.130, Amended 7-30-89, Formerly 17-532.610.

Fla. Admin. Code R. 62-532.900 Forms

History

• Rulemaking Authority 373.309 FS. Law Implemented 373.309, 373.313, 373.316 FS. History–New 10-7-10, Repealed 2-16-12.

Chapter 62-550 DRINKING WATER STANDARDS, MONITORING, AND REPORTING

Fla. Admin. Code R. 62-550.101 Authority, Intent, and Policy

History

• Rulemaking Authority 403.861(1) FS. Law Implemented 403.851 FS. History–New 11-19-77, Formerly 17-22.101, Amended 1-18-89, Formerly 17-550.101, Repealed 12-9-96.

Fla. Admin. Code R. 62-550.102 Intent and Scope

(1) To assure that public water systems supply drinking water which meets minimum requirements, the Federal Government enacted PL 93-523, the “Safe Drinking Water Act.” The scheme of that law was to give primary responsibility for public water systems programs to states to implement a public water system program. Also, the legislature of Florida has enacted the “Florida Safe Drinking Water Act,” Sections 403.850-.864, F.S. This chapter and Chapters 62-555 and 62-560, F.A.C., are promulgated to implement the requirements of the Florida Safe Drinking Water Act and to acquire and maintain primacy for Florida under the Federal Act. This chapter and Chapters 62-555 and 62-560, F.A.C., adopt national primary and secondary drinking water standards of the Federal Government where possible, and otherwise create additional rules to fulfill state and Federal requirements.

(2) The Safe Drinking Water Act and the Florida Safe Drinking Water Act exclude certain public water systems from coverage. The drinking water rules in Chapters 62-550, 62-555, and 62-560, F.A.C., apply to all public water systems except those which meet all of the following criteria:

(a) Consist of distribution and storage facilities only and do not have any collection or treatment facilities;

(b) Obtain all water from, but are not owned or operated by, a public water system to which such rules apply;

(c) Do not sell water to any person; and

(d) Are not carriers which convey passengers in interstate commerce.

(3) For the purpose of subsection (2), above, the phrase “sell water to any person” shall mean distribute water to land owned by another person as well as bill separately or specifically for the water. Also, for the purpose of subsection (2), above, the phrase “treatment facilities” shall exclude treatment facilities that are not necessary to achieve, and will not adversely affect, compliance with applicable drinking water standards and requirements.

(4) This chapter sets the drinking water standards, monitoring requirements, and treatment techniques to be met by public water systems and the testing protocol required for certified laboratories.

(5) Chapter 62-555, F.A.C., sets the permitting requirements for public water systems including the location and construction of wells serving the system and the treatment plant. Construction of public water systems require permits and the use of lead free pipes, plumbing fixtures, solder and flux. General permits for public water systems are included. Engineering references are listed.

(6) Chapter 62-560, F.A.C., gives the description of the violations of Chapters 62-550, 62-555 and 62-560, F.A.C., and the resulting penalties. In addition, this chapter describes public notification requirements for public water systems that do not meet applicable maximum contaminant levels, maximum residual disinfectant levels, and treatment technique requirements; do not meet applicable monitoring requirements; or have a variance or exemption. This chapter also describes the availability and processes for receiving variances, exemptions, and waivers. Additionally, Best Available Technology is listed for various contaminants and disinfectant residuals.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.851, 403.853 FS. History–New 11-9-77, Amended 1-13-81, Formerly 17-22.102, Amended 1-18-89, Formerly 17-550.102, Amended 12-9-96, 11-27-01, 4-3-03, 11-28-04.

Fla. Admin. Code R. 62-550.103 Effective Date

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 120.54(13)(a), 403.861(9) FS. History–New 1-1-93, Formerly 17-550.103, Repealed 12-9-96.

Fla. Admin. Code R. 62-550.200 Definitions for Public Water Systems

For the purpose of this chapter and Chapters 62-555 and 62-560, F.A.C., the following words, phrases, or terms shall have the following meaning:

(1) “Action Level” is the concentration of lead or copper in water specified in 40 C.F.R. §141.80(c) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., which determines, in some cases, the treatment requirements contained in 40 C.F.R Part 141, Subpart I (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., that a system is required to complete.

(2) “Adequate Protection by Treatment” means any one or any combination of the controlled processes of coagulation, sedimentation, absorption, adsorption, filtration, or other processes in addition to disinfection which produce a water that consistently meets the requirements of the standards in Rules 62-550.310 through 62-550.410, F.A.C., including processes which are appropriate to the source of supply; systems which are of adequate capacity to meet maximum demands without creating health hazards and which are located, designed, and constructed to eliminate or prevent violations of these rules; and conscientious operation by well-trained and competent personnel who meet the requirements of Chapters 62-602 and 62-699, F.A.C.

(3) “Advanced treated water” shall be as defined in Rule 62-565.200 , F.A.C.

(4) “Advanced Treatment Water Facility” (ATWF) shall be as defined in Rule 62-565.200, F.A.C.

(5) “Annular Space” means the space between two casings or the space between the outer casing and the wall of the bore hole.

(6) “Approved County Health Department” means county health departments designated by the Department of Health and approved by the Department as having qualified sanitary engineering staffs to perform the duties described in Section 403.862(1)(c), F.S.

(7) “Baffling Factors (or Coefficients)” means parameters used to describe flow system characteristics; the proportion of dead space, plug flow (water moves as a plug such as in a pipeline) and mixed flow in a contact chamber.

(8) “Bag Filters” are pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to outside. (40 C.F.R. §141.2 (July 1, 2011)).

(9) “Bank Filtration” is a water treatment process that uses a well to recover surface water that has naturally infiltrated into ground water through a river bed or bank(s). Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well(s). (40 C.F.R. §141.2 (July 1, 2011)).

(10) “Best Available Technology” or “BAT” means the best technology, treatment techniques, or other means promulgated by EPA and adopted by the Department. In promulgating BAT the EPA examines the efficacy under field conditions and not solely under laboratory conditions, and takes costs into consideration when determining what technology or treatment technique is available.

(11) “Bottled Water” means water that is containerized or packaged and offered for human consumption or other consumer usage.

(12) Capacity Development” means the process of water systems acquiring and maintaining adequate technical, managerial, and financial capabilities to enable them to consistently provide safe drinking water.

(13) “Cartridge Filters” are pressure-driven separation devices that remove particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside. (40 C.F.R. §141.2 (July 1, 2011))

(14) “Casing” means the tubular material used to shut off or exclude a stratum or strata other than the source bed and conduct water from only the source bed to the surface.

(15) “Check Sample” means a sample analysis or analyses used to confirm the results of another sample. Each sample for the analysis shall be taken or measured at the same location in the water system as the original sample.

(16) “Clean Compliance History” is, for the purposes of 40 C.F.R. Part 141, Subpart Y, which is incorporated by reference in Rule 62-550.830, F.A.C., a record of no MCL violations under 40 C.F.R. §141.63, as incorporated in subsection 62-550.310(5), F.A.C.; no monitoring violations under 40 C.F.R. §141.21, as incorporated in Rule 62-550.518, F.A.C., or 40 C.F.R. Part 141, Subpart Y; and no coliform treatment technique trigger exceedances or treatment technique violations under 40 C.F.R. Part 141, Subpart Y. (40 C.F.R. §141.2 revised as of July 1, 2014.) This subsection shall be effective on July 7, 2015.

(17) “Coagulation” means a process using coagulant chemicals and mixing by which colloidal and suspended materials are destabilized and agglomerated into flocs.

(18) “Combined Distribution System” is the interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water. (40 C.F.R. §141.2 (July 1, 2011))

(19) “Commencement of Operations” means the beginning of the service of furnishing water treated by the water system to the consumers.

(20) “Community Water System” (CWS) means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

(21) “Compliance Cycle” means the nine-year cycle during which public water systems must monitor. Each compliance cycle consists of three-year compliance periods. The first compliance cycle begins January 1, 1993 and ends December 31, 2001; the second begins January 1, 2002 and ends December 31, 2010; the third begins January 1, 2011 and ends December 31, 2019.

(22) “Compliance Period” means a three-year period within a compliance cycle. Each compliance cycle has three three-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998; the third from January 1, 1999 to December 31, 2001.

(23) “Comprehensive Performance Evaluation (CPE)” is a thorough review and analysis of a treatment plant’s performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant’s capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. For purpose of compliance with Subparts P and T of 40 C.F.R. Part 141 (which are incorporated by reference in paragraphs 62-550.817(3)(a) and (b), F.A.C.), the comprehensive performance evaluation must consist of at least the following components: Assessment of plant performance, evaluation of major unit processes, identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report. (40 C.F.R. §141.2 (July 1, 2011))

(24) “Confirmation Sample” means a sample analysis or analyses taken to verify the results of an original analysis. Each sample for the analysis shall be taken or measured at the same location in the water system as the original sample. The results of the confirmation samples shall be averaged with the original sample to determine compliance.

(25) “Confluent Growth” means a continuous bacterial growth covering the entire filtration area of a membrane filter used for coliform detection, or a portion thereof, in which bacterial colonies are not discrete.

(26) “Consecutive System” is a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems. (40 C.F.R. §141.2 (July 1, 2011)

(27) “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water.

(28) “Conventional Filtration Treatment” means a series of processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal.

(29) “Corrosion Inhibitor” means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

(30) “Cross-Connection” means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage or other waste, or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as the result of backflow. By-pass arrangements, jumper connections, removable sections, swivel or changeable devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross-connections.

(31) “Cryptosporidium” shall be as defined in Rule 62-565.200, F.A.C.

(32) “CT” or “CTcalc” is the product of ‘‘residual disinfectant concentration’’ (C) in mg/L determined before or at the first customer, and the corresponding ‘‘disinfectant contact time’’ (T) in minutes, i.e., ‘‘C’’ x ‘‘T.’’ If a public water system applies disinfectants at more than one point prior to the first customer, it must determine the CT of each disinfectant sequence before or at the first customer to determine the total percent inactivation or ‘‘total inactivation ratio.’’ In determining the total inactivation ratio, the public water system must determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s). ‘‘CT99.9’’ is the CT value required for 99.9 percent (3-log) inactivation of Giardia lamblia cysts. CT99.9 for a variety of disinfectants and conditions appear in Tables 1.1 – 1.6, 2.1, and 3.1 of 40 C.F.R. §141.74(b)(3) (which is incorporated by reference in subsection 62-550.817(2), F.A.C.). (CTcalc)/(CT99.9) is the inactivation ratio. The sum of the inactivation ratios, or total inactivation ratio shown as ∑[(CTcalc)/(CT99.9)] is calculated by adding together the inactivation ratio for each disinfection sequence. A total inactivation ratio equal to or greater than 1.0 is assumed to provide a 3-log inactivation of Giardia lamblia cysts. (40 C.F.R. §141.2 (July 1, 2011))

(33) “Department” means the Department of Environmental Protection (DEP) and the Approved County Health Departments, and, where the context is appropriate, their employees.

(34) “Diatomaceous Earth Filtration” means a process resulting in substantial particulate removal in which a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum); and, while the water is filtered by passing through the cake on the septum, additional filter media known as body feed is continuously added to the feed water to maintain the permeability of the filter cake.

(35) “Direct Filtration” means a series of processes including coagulation and filtration but excluding sedimentation resulting in substantial particulate removal.

(36) “Disinfectant” means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, and ozone added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogenic microorganisms.

(37) “Disinfectant Contact Time” (“T” in CT calculations) means the time in minutes that it takes for water to move from the point of disinfectant application or the previous point of disinfectant residual measurement to a point before or at the point where residual disinfectant concentration (“C”) is measured. Disinfectant contact time in pipelines shall be calculated based on “plug flow” by dividing the internal volume of the pipe by the maximum hourly flow rate through that pipe. Disinfectant contact time within mixing basins and storage reservoirs shall be determined by tracer studies or in accordance with Appendix C or O of the guidance manual adopted in subsection 62-555.335(1), F.A.C.

(38) “Disinfection” means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents.

(39) “Disinfection Profile” is a summary of daily Giardia lamblia inactivation through the treatment plant. The procedure for developing a disinfection profile is contained in Rule 62-550.817, F.A.C.

(40) “Domestic or other Non-Distribution System Plumbing Problem” means a coliform contamination problem in a public water system with more than one service connection that is limited to the specific service connection from which the coliform-positive sample was taken.

(41) “Dose Equivalent” means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body, specified by the International Commission on Radiological Units and Measurements (ICRU).

(42) “Dual Sample Set” is a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample sets are collected for the purpose of conducting an IDSE under Subpart U of 40 C.F.R. Part 141 (which is incorporated by reference in Rule 62-550.822, F.A.C.) and for the purpose of determining compliance with the TTHM and HAA5 MCLs under Subpart V of 40 C.F.R. Part 141 (which is incorporated by reference in Rule 62-550.822, F.A.C.). (40 C.F.R. §141.2 (July 1, 2011))

(43) “Effective Corrosion Inhibitor Residual,” for the purpose of 40 C.F.R. Part 141, Subpart I (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., means a concentration sufficient to form a passivating film on the interior walls of a pipe.

(44) “Enhanced Coagulation” means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.

(45) “Enhanced Softening” means the improved removal of disinfection byproduct precursors by precipitative softening.

(46) “Exemption” means approval from the Department affording a public water system an extended time for compliance with an applicable maximum contaminant level, maximum residual disinfectant level, or treatment technique requirement due to compelling factors (which may include time, legal, or economic factors).

(47) “Filter Profile” means a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, and includes an assessment of filter performance while another filter is being backwashed.

(48) “Filtration” means a process for removing particulate matter from water by passage through porous media.

(49) “Finished Water” or “Finished Drinking Water” is water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except treatment as necessary to maintain water quality in the distribution system (e.g., booster disinfection or addition of corrosion control chemicals). (40 C.F.R. §141.2 (July 1, 2011))

(50) “First Draw Sample” means a one-liter sample of tap water, collected in accordance with 40 C.F.R. §141.86(b)(2) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., that has been standing in plumbing pipes at least 6 hours and is collected without flushing the tap.

(51) “Flocculation” means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means.

(52) “Flowing Stream” is a course of running water flowing in a definite channel. (40 C.F.R. §141.2 (July 1, 2011))

(53) “GAC10” means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with 40 C.F.R. Part 141, Subpart V (Stage 2) MCLs under 40 C.F.R. §141.64(b)(2) (which is incorporated in sub-subparagraph 62-550.310(3)(b)2.a., F.A.C.), shall be 120 days. (40 C.F.R. §141.2 (July 1, 2011))

(54) “GAC20” means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days. (40 C.F.R. §141.2 (July 1, 2011))

(55) “Giardia lamblia” shall be as defined in Rule 62-565.200, F.A.C.

(56) “Gross Alpha Particle Activity” means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

(57) “Gross Beta Particle Activity” means the total radioactivity due to beta particle emission as inferred from measurements of a dry sample.

(58) “Ground Water under the Direct Invluence of Surface Water” means any water beneath the surface of the ground with:

(a) Significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium, or

(b) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions. Direct influence shall be determined for individual sources in accordance with criteria established by the Department in subparagraph 62-550.817(2)(a)1., F.A.C.

(59) “Haloacetic Acids (Five)” (HAA5) mean the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid) rounded to two significant figures after addition.

(60) “Halogen” as used in the present context of this rule means one of the chemical elements chlorine or bromine.

(61) “Health Hazards” means any conditions, devices, or practices in a water supply system or its operation which create or may create an imminent and substantial danger to the health and well-being of the water consumer.

(62) “Heterotrophic Plate Count” formerly known as the standard plate count, is a procedure for estimating the number of live heterotrophic bacteria in water. Unless stated otherwise, heterotrophic plate count refers to Method (9215A), the pour plate method, as set forth in Standard Methods for Examination of Water and Wastewater, American Public Health Association, 17th Edition, 1989, pp. 9-58 to 9-60.

(63) “Human Consumption” means water which is ingested, or absorbed into the body by dermal contact or through inhalation, except water which is used solely for fire or chemical emergencies.

(64) “Initial Compliance Period” means the first full three-year compliance period that begins January 1, 1993.

(65) “Lake/Reservoir” refers to a natural or man made basin or hollow on the Earth’s surface in which water collects or is stored that may or may not have a current or single direction of flow. (40 C.F.R. §141.2 (July 1, 2011))

(66) “Large System” for the purpose of 40 C.F.R. Part 141, Subpart I (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., means a water system that serves more than 50,000 people.

(67) “Lead Service Line” means a service line made of lead which connects the water main to the building inlet and any lead pigtail, gooseneck or other fitting which is connected to such a lead line.

(68) “Legionella” means a genus of bacteria some species of which have caused a type of pneumonia called Legionnaires Disease.

(69) “Level 1 Assessment” is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. It is conducted by the system operator or owner. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. (40 C.F.R. §141.2 revised as of July 1, 2014.) This subsection shall be effective on July 7, 2015.

(70) “Level 2 Assessment” is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system (including the system’s monitoring and operational practices) than does a Level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. It is conducted by an individual approved by the State, which may include the system operator. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. The system must comply with any expedited actions or additional actions required by the State in the case of an E. coli MCL violation. (40 C.F.R. §141.2 revised as of July 1, 2014.) This subsection shall be effective on July 7, 2015.

(71) “Liner” means the tubular material used to seal off caving materials which may be encountered below the bottom end of the well casing. A liner shall not be allowed to overlap or telescope into any portion of the well casing.

(72) “Locational Running Annual Average” (LRAA) is the average of sample analytical results for samples taken at a particular monitoring location during the previous four calendar quarters. (40 C.F.R. §141.2 (July 1, 2011))

(73) “Man-Made Beta Particle and Photon Emitters” means all radionuclides emitting beta particles or photons listed in “Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure,” NBS Handbook 69, except the daughter products of thorium-232, uranium-235, and uranium-238.

(74) “Maximum Contaminant Level” (MCL) means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system.

(75) “Maximum Residual Disinfectant Level” (MRDL) means a level of a disinfectant added for water treatment that may not be exceeded at the consumer’s tap without an unacceptable possibility of adverse health effects. For chlorine and chloramines, a public water system (PWS) is in compliance with the MRDL when the running annual average of monthly averages of samples taken in the distribution system, computed quarterly, is less than or equal to the MRDL. For chlorine dioxide, a PWS is in compliance with the MRDL when daily samples are taken at the entrance to the distribution system and no two consecutive daily samples exceed the MRDL. MRDLs are enforceable in the same manner as maximum contaminant levels under the Florida Safe Drinking Water Act. However, there is convincing evidence that addition of a disinfectant is necessary for control of waterborne microbial contaminants. Therefore, notwithstanding the MRDLs listed in subsection 62-550.310(2), F.A.C., operators may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level, and for a time, necessary to protect public health to address specific microbiological contamination problems caused by circumstances such as distribution line breaks, storm runoff events, source water contamination, or cross connections.

(76) “Maximum Total Trihalomethane Potential” (MTP) means the maximum concentration of total trihalomethanes produced in a given water containing a disinfectant residual after 7 days at a temperature of 25º C or above.

(77) “Medium System” for the purpose of 40 C.F.R. Part 141, Subpart I (July 1, 2011), which incorporated by reference in Rule 62-550.800, F.A.C., means a water system that serves greater than 3,300 and less than or equal to 50,000 people.

(78) “Membrane Filtration” is a pressure or vacuum driven separation process in which particulate matter larger than 1 micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis. (40 C.F.R. §141.2 (July 1, 2011))

(79) “Near the First Service Connection” means at one of the 20 percent of all service connections in the entire system that are nearest the water supply treatment facility, as measured by water transport time within the distribution system.

(80) “New System” means, for the purposes of capacity development, community water systems or non-transient non-community water systems being newly constructed; systems which do not currently meet the definition of a public water system under Rule 62-550.200, F.A.C., but which expand their infrastructure and thereby grow to become community water systems or non-transient non-communty water systems; and transient non-community systems that expand their infrastructure and thereby grow to become community water systems or non-transient non-community water systems. Systems not currently public water systems under Rule 62-550.200, F.A.C., or systems that are transient non-community systems, and that add additional users and thereby become community water systems or non-transient non-community water systems without constructing any additional infrastructure are not “new systems” for purposes of capacity development. This subsection shall be effective on July 7, 2015.

(81) “Non-Community Water System” means a public water system that is not a community water system. A non-community water system is either a “transient non-community water system” (TWS) or a “non-transient non-community water system” (NTNCWS). See the Code of Federal Regulations (C.F.R.), title 40, part 141, section 2. Other public water systems are addressed in Chapter 64E-8, F.A.C.

(82) “Non-Transient Non-Community Water System” means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year.

(83) “Optimal Corrosion Control Treatment” for the purpose of 40 C.F.R. Part 141, Subpart I (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., means the corrosion control treatment that minimizes the lead and copper concentrations at users’ taps while ensuring that the treatment does not cause the system to violate any national primary drinking water regulations.

(84) “Person” means an individual, public or private corporation, company, association, partnership, municipality, agency of the state, district, Federal agency, or any other legal entity, or its legal representative, agent, or assigns.

(85) “Picocurie” (pCi) means that quantity of radioactive material producing 2.22 nuclear transformations per minute.

(86) “Plant Intake” refers to the works or structures at the head of a conduit through which water is diverted from a source (e.g., river or lake) into the treatment plant. (40 C.F.R. §141.2 (July 1, 2011))

(87) “Point of Disinfectant Application” is the point where the disinfectant is applied and water downstream of that point is not subject to recontamination by surface water runoff.

(88) “Point-of-Entry Treatment Device (POE)” is a treatment device applied to the drinking water entering a house or building in order to reduce contaminants in the drinking water distributed throughout the house or building.

(89) “Point-of-Use Treatment Device (POU)” is a treatment device applied to a single tap used in order to reduce contaminants in drinking water at that location.

(90) “Potable Reuse” shall be as defined in Rule 62-565.200, F.A.C.

(91) “Potable reuse system” shall be as defined in Rule 62-565.200, F.A.C.

(92) “Potable Water” shall be as defined in Rule 62-565.200, F.A.C.

(93) “Presedimentation” is a preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant. (40 C.F.R. §141.2 (July 1, 2011))

(94) “Primary Contaminants” means those contaminants regulated by the Primary Drinking Water Standards.

(95) “Primary Drinking Water Standards” means legally enforceable standards that apply to public water systems to protect public health by limiting the levels of contaminants in drinking water.

(96) “Public Water System” or “PWS” means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year. Such term includes: any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Such term does not include any “special irrigation district.” A public water system is either a “community water system” or a “non-community water system.” See the Code of Federal Regulations (C.F.R.), title 40, part 141, section 2.

(97) “Raw water” means, for the purposes of Chapters 62-550 and 62-555, F.A.C., any source water for a public water system prior to any treatment by the public water system.

(98) “Reclaimed Water” means water that has received at least secondary treatment and is reused after flowing out of a wastewater treatment facility.

(99) “REM” means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A “millirem” (mrem) is 1/1000 of a rem.

(100) “Repeat Compliance Period” means any subsequent compliance period after the initial compliance period.

(101) “Residual Disinfectant Concentration” (“C” in CT calculations) means the concentration of disinfectant measured in milligrams per liter in a representative sample of water.

(102) “Sanitary Defect” is a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place. (40 C.F.R. §141.2 revised as of July 1, 2014.) This subsection shall be effective on July 7, 2015.

(103) “Sanitary Hazard” means a physical condition which involves or affects any part of a drinking water system or the raw water source, and that creates an imminent or potentially serious risk to the health of any person who consumes water from that system.

(104) “Sanitary Survey” means an on-site review of the water source (indentifying sources of contamination using results of source water assessments where available), facilities, equipment, operation, maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the system to produce and distribute safe drinking water and remain in compliance with the Federal and State Safe Drinking Water Acts and Department rule Chapters 62-550, 62-555, 62-560 and 62-699, F.A.C.

(105) “Seasonal System” is a non-community water system that is not operated as a public water system on a year-round basis and starts up and shuts down at the beginning and end of each operating season (40 C.F.R. §141.2 revised as of July 1, 2014.).This subsection shall be effective on July 7, 2015.

(106) “Secondary Contaminants” means those contaminants with guidelines provided by the Secondary Drinking Water Standards.

(107) “Secondary Drinking Water Standards” means a set of non-mandatory water quality standards for contaminants (not federally enforceable) that are established as guidelines to assist public water systems in managing their drinking water for aesthetic considerations, such as taste, color and odor.

(108) “Sedimentation” means a process for removal of solids before filtration by gravity or separation.

(109) “Service Connection” as used in the definition of “public water system,” does not include a connection to a system that delivers water by a constructed conveyance other than a pipe if:

(a) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses);

(b) The State determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or

(c) The State determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations (40 C.F.R. §141.2 (July 1, 2011)).

(110) “Service Line Sample” means a one-liter sample of water collected in accordance with 40 C.F.R. §141.86(b)(3) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., that has been standing for at least 6 hours in a service line.

(111) “Single Family Structure” for the purpose of 40 C.F.R. subpart I only, means a building constructed as a single-family residence that is currently used as either a residence or a place of business.

(112) “Slow Sand Filtration” means a process involving passage of raw water through a bed of sand at low velocity (generally less than 0.4 meters per hour) resulting in substantial particulate removal by physical and biological mechanisms.

(113) “Small System” for the purpose of 40 C.F.R. Part 141, Subpart I (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., means a water system that serves 3,300 people or less.

(114) “Source Water” shall be as defined in Rule 62-565.200, F.A.C.

(115) “Source Water Sample” for the purpose of 40 C.F.R. Part 141, Subpart I (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., means a sample that is collected at an entry point to the distribution system and is representative of a source of supply after treatment.

(116) “Specific Ultraviolet Absorption” (SUVA) means specific ultraviolet absorption at 254 nanometers (nm), which is an indicator of the humic content of water. It is a calculated parameter obtained by dividing a sample’s ultraviolet absorption at a wavelength of 254 nm (in m-1) by its concentration of dissolved organic carbon (in mg/L).

(117) “Standard Bacteria Sample” means the aliquot of raw or finished drinking water that is examined for the presence of coliform bacteria, and shall consist of: a. For the bacteriological fermentation tube test, five (5) standard portions of either: 1. Ten milliliters (10 ml); 2. or one hundred milliliters (100 ml); b. For the membrane filter technique, not less than one hundred milliliters (100 ml).

(118) “Subpart H System” means a public water system that is using surface water or ground water under the direct influence of surface water as a source and that is subject to the requirements of 40 CFR 141, subpart H, and Rule 62-550.817, F.A.C.

(119) “Supplier of Water” means any person who owns or operates a public water system.

(120) “Surface Water” means all water which is open to the atmosphere and subject to surface runoff. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.

(121) “System with a Single Service Connection” means a system which supplies drinking water to consumers via a single service line.

(122) “Tier 1 Public Notice” means a public notice issued in response to the events described in subparagraph 62-560.410(1)(a)1., F.A.C.

(123) “Tier 2 Public Notice” means a public notice issued in response to the events described in subparagraph 62-560.410(1)(a)2., F.A.C.

(124) “Tier 3 Public Notice” means a public notice issued in response to the events described in subsection 62-560.410(3), F.A.C.

(125) “Too Numerous to Count” means that the total number of bacterial colonies exceeds 200 on a 47-millimeter diameter membrane filter used for coliform detection.

(126) “Total Organic Carbon” (TOC) means total organic carbon (in mg/L) measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.

(127) “Total Trihalomethanes” (TTHM) means the sum of the concentration in milligrams per liter of the trihalomethane compounds: trichloromethane (chloroform), dibromochloromethane, bromodichloromethane, tribromomethane (bromoform), rounded to two significant figures after addition.

(128) “Transient Non-Community Water System” or “TWS” means a non-community water system that does not regularly serve at least 25 of the same persons over six months per year. See the Code of Federal Regulations (C.F.R.), title 40, part 141, section 2.

(129) “Treatment Technique” means the technology, when installed in a public water system, which leads to the reduction of contaminant levels.

(130) “Trihalomethane” (THM) means one of the family of organic compounds named as derivatives of methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

(131)“ Two-Stage Lime Softening” is a process in which chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration (40 C.F.R. §141.2 (July 1, 2011)).

(132) “Uncovered Finished Water Storage Facility” is a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens except residual disinfection and is directly open to the atmosphere (40 C.F.R. §141.2 (July 1, 2011)).

(133) “Variance” means approval from the Department affording a public water system an extended time for compliance with an applicable maximum contaminant level or maximum residual disinfectant level, or allowing a public water system to not comply with an applicable treatment technique requirement, due to the quality of the raw water.

(134) “Virus” means a virus of fecal origin which is infectious to humans by waterborne transmission.

(135) “Waiver” means approval from the Department for elimination of enhanced coagulation requirements or enhanced softening requirements, elimination of disinfection requirements or certified operator requirements for transient non-community water systems using only ground water not under the direct influence of surface water, or reduction of the monitoring requirements for organic contaminants listed in paragraphs 62-550.310(4)(a) and (b), F.A.C.

(136) “Waterborne Disease Outbreak” means the occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system which is deficient in treatment, as determined by the Department.

(137) “Well” means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is to conduct ground water from a source bed to the surface, by pumping or natural flow, when ground water from such excavation is used or is to be used for a public water supply system.

(138) “Wholesale System” is a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems (40 C.F.R. §141.2 (July 1, 2011)).

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853, 403.854, 403.8615, 403.862 FS. History–New 11-9-77, Amended 1-13-81, 11-19-87, Formerly 17-22.103, Amended 1-18-89, 5-7-90, 1-3-91, 1-1-93, Formerly 17-550.200, Amended 9-7-94, 12-9-96, 9-22-99, 8-1-00, 11-27-01, 4-3-03, 11-25-03, 10-14-04, 11-28-04, 1-17-05, 12-30-11, 7-7-15, 2-26-25.

Fla. Admin. Code R. 62-550.300 Application of Quality Standards to Public Water Systems

The ultimate concern of the public water system supervision program is the quality of water for human consumption when the water reaches the consumers. The following rules establish maximum contaminant levels (MCLs) and maximum residual disinfectant levels (MRDLs) for water within public water systems. Additionally, these rules establish treatment technique requirements in lieu of, or in addition to, MCLs for certain contaminants. Public water systems shall comply with the MCLs, MRDLs, and treatment technique requirements established herein unless granted a variance or exemption pursuant to Rule 62-560.510 or 62-560.520, F.A.C., or unless identified as excluded from the MCLs, MRDLs, or treatment technique requirements by this chapter. Public water systems shall take necessary corrective action approved by the Department to meet all applicable MCLs, MRDLs, and treatment technique requirements.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.852(12), (13), 403.853(1) FS. History–New 11-9-77, Amended 3-30-82, 11-19-87, Formerly 17-22.200, Amended 1-18-89, 1-3-91, Formerly 17-550.300, Amended 11-27-01.

Fla. Admin. Code R. 62-550.305 Public Water Systems Receiving Advanced Treated Water

(1) In addition to the requirements applicable to all public water systems found elsewhere in Chapters 62-550, 62-555, and 62-560, F.A.C., public water systems (PWS) receiving advanced treated water from a permitted ATWF shall be subject to the requirements within Rule 62-550.817, F.A.C., and the applicable portions of Chapter 62-565, F.A.C.

(2) In the event that the pathogen reduction requirements established per subsection 62-565.500(1), F.A.C., in accordance with Rule 62-565.530, F.A.C., are less than those required by in subsections 62-550.817(2) through (4), F.A.C., the PWS shall meet the requirements of subsections 62-550.817(2) through (4).

(3) In addition to the requirements contained in paragraph 62-555(12)(b), F.A.C., PWSs receiving advanced treated water shall also submit Form 62-555.350(12)(b), F.A.C., Supplemental Monthly Operation Report for PWSs Receiving Advanced Treated Water, hereby adopted and incorporated by reference, effective February 26, 2025, and available as indicated in Rule 62-555.350, F.A.C. All monthly operation reports shall be submitted to the appropriate Department District Office or appropriate Approved County Health Department within ten days after the end of each month.

(4) A PWS receiving advanced treated water from an ATWF is not permitted to introduce a new source of water without approval from the Department unless that source is treated independently from the advanced treated water, with blending of the finished waters occurring just prior to distribution, and all required pathogen reduction requirements for the treatment of each individual source being met prior to blending.

(5) A PWS may only blend advanced treated water with another type of source water prior to treatment at the PWS if that source water and the blending ratio are the same as those used in the pilot study for the ATWF, and in accordance with paragraph 62-565.570(2)(p), F.A.C., or the blending has been approved by the Department.

(6) Consecutive systems that receive any finished water originating from an ATWF shall be subject to the requirements for consecutive systems that receive any finished water originating from a subpart H system.

(7) If any part of the source water for a PWS is advanced treated water, the system shall identify it as a source in the Consumer Confidence Report (CCR) and shall include in the CCR the information for that source in accordance with Rule 62-555.824, F.A.C.

(8) A PWS receiving advanced treated water is subject to the monitoring requirements of Rules 62-550.500 through 62-550.521, F.A.C.

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.064(17), 403.853(1), 403.861(9), 403.861(17), FS. History–New 2-26-25.

Fla. Admin. Code R. 62-550.310 Primary Drinking Water Standards: Maximum Contaminant Levels and Maximum Residual Disinfectant Levels

(These standards may also apply as ground water quality standards as referenced in Chapter 62-520, F.A.C.)

(1) Inorganics – Except for nitrate and nitrite, which apply to all public water systems, this subsection applies to community water systems and non-transient non-community water systems only.

(a) The maximum contaminant levels for the inorganic contaminants are listed in Table 1, which is incorporated herein and appears at the end of this chapter.

(b) The maximum contaminant level for nitrate (as N) applicable to transient non-community water systems is 10 milligrams per liter. The Department or Approved County Health Department shall allow a contaminant level for nitrate (as N) of up to 20 milligrams per liter upon a showing by the supplier of water that the following conditions are met:

1. The water distributed by the water system is not available to children under 6 months of age or to lactating mothers, and

2. There is continuous public notification of what the nitrate level (as N) is and what the potential health effects of such exposure are.

3. The Department shall require monitoring every 3 months as long as the maximum contaminant level is exceeded. Should adverse health effects occur, the Department shall require immediate compliance with the maximum contaminant level for nitrate (as N).

(c) The revised maximum contaminant level of 0.010 mg/L for arsenic becomes effective January 1, 2005. All community and non-transient non-community water systems shall demonstrate compliance with the revised maximum contaminant level by December 31, 2007.

(2) Disinfectant Residuals.

(a) Maximum residual disinfectant levels (MRDLs) are as follows:

DISINFECTANT RESIDUAL

MRDL

Chlorine

4.0 mg/L (as Cl2)

Chloramines

4.0 mg/L (as Cl2).

Chlorine Dioxide

0.8 mg/L (as ClO2).

(40 C.F.R. § 141.65(a) (July 1, 2011))

(b) Compliance dates – community water systems and non-transient non-community water systems (40 C.F.R. §141.65(b) (July 1, 2011)).

1. Subpart H systems serving 10,000 or more persons must comply with paragraph (a) above beginning January 1, 2002. Subpart H systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with paragraph (a), above, beginning January 1, 2004 (40 C.F.R. §141.65(b)(1) (July 1, 2011)).

2. If you are a consecutive system that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, you must comply with analytical and monitoring requirements for chlorine and chloramines in 40 C.F.R. §141.131(c) and §141.132(c)(1) (which are incorporated by reference in subsection 62-550.550(1), F.A.C., and Rule 62-550.821, F.A.C.) and the compliance requirements in 40 C.F.R. §141.133(c)(1) (which is incorporated by reference in Rule 62-550.821, F.A.C.) beginning April 1, 2009, and report monitoring results under 40 C.F.R. §141.134(c) (which is incorporated by reference in Rule 62-550.821, F.A.C.) (40 C.F.R. §141.624 (July 1, 2011)).

(c) Compliance dates – transient non-community water systems. Subpart H systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Subpart H systems serving fewer than 10,000 persons and using chlorine dioxide as a disinfectant or oxidant and systems using only ground water not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004 (40 C.F.R. §141.65(b)(2) (July 1, 2011)).

(3) Disinfection Byproducts.

(a) Bromate and chlorite. (40 C.F.R. §141.64(a) (July 1, 2011))

1. The maximum contaminant levels (MCLs) for bromate and chlorite are as follows:

DISINFECTION BYPRODUCT

MCL

Bromate

0.010 mg/L

Chlorite

1.0 mg/L

(40 C.F.R. §141.64(a) (July 1, 2011)).

2. Compliance dates for community water systems and non-transient non-community water systems. Subpart H systems serving 10,000 or more persons must comply with subparagraph 1., above, beginning January 1, 2002. Subpart H systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with subparagraph 1., above, beginning January 1, 2004. (40 C.F.R. §141.64(a)(1) (July 1, 2011)).

(b) Total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) (40 C.F.R. §141.64(b) (July 1, 2011)).

1. Subpart L (Stage 1) – running annual average compliance (40 C.F.R. §141.64(b)(1) (July 1, 2011)).

a. Compliance dates for community water systems and non-transient non-community water systems. Subpart H systems serving 10,000 or more persons must comply with this sub-subparagraph beginning January 1, 2002. Subpart H systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with this sub-subparagraph beginning January 1, 2004. All systems must comply with these maximum contaminant levels (MCLs) as a running annual average until the date specified for 40 C.F.R. Part 141, Subpart V (Stage 2), compliance in 40 C.F.R. §141.620(c) (which is incorporated by reference in Rule 62-550.822, F.A.C.).

DISINFECTION BYPRODUCT

MCL

TTHM

0.080 mg/L

HAA5

0.060 mg/L

(40 C.F.R. §141.64(b)(1)(i) (July 1, 2011))

b. The regulations in 40 C.F.R. Part 141, Subpart L (as incorporated in Rule 62-550.821, F.A.C.) establish criteria under which community water systems and non-transient non-community water systems that add a chemical disinfectant to the water in any part of the drinking water treatment process must modify their practices to meet MCLs in 40 C.F.R. §141.64 (which is incorporated in subsection 62-550.310(3), F.A.C.) (40 C.F.R. §141.130(a)(1) (July 1, 2011)).

2. Subpart V (Stage 2) – locational running annual average (LRAA) compliance (40 C.F.R. §141.64(b)(2) (July 1, 2011)).

a. Compliance dates for community water systems and non-community water systems. The subpart V maximum contaminant levels (MCLs) for TTHM and HAA5 must be complied with as an LRAA at each monitoring location beginning the date specified for 40 C.F.R. part 141, subpart V, compliance in 40 C.F.R. §141.620(c) (which is incorporated by reference in Rule 62-550.822, F.A.C.).

DISINFECTION BYPRODUCT

MCL

TTHM

0.080 mg/L

HAA5

0.060 mg/L

(40 C.F.R. §141.64(b)(2)(i) (July 1, 2011))

b. The regulations in 40 C.F.R. Part 141, Subpart V (which is incorporated by reference in Rule 62-550.822, F.A.C.), establish monitoring and other requirements for achieving compliance with maximum contaminant levels based on LRAAs for TTHM and HAA5. You are subject to these requirements if your system is a community water system or a non-transient non-community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light (40 C.F.R. §141.620(a) and (b) (July 1, 2011)).

(4) Organics – This subsection applies only to community water systems and non-transient non-community water systems.

(a) The maximum contaminant levels for the volatile organic contaminants (VOCs) are listed in Table 4, which is incorporated herein and appears at the end of this chapter. The regulatory detection limit (RDL) for all VOCs is 0.0005 mg/L.

(b) The maximum contaminant levels and the regulatory detection limits (RDLs) for the synthetic organic contaminants (SOCs) are listed in Table 5, which is incorporated herein and appears at the end of this chapter.

(5) Microbiological – This subsection applies to all public water systems. Until March 31, 2016, monitoring requirements to demonstrate compliance with this subsection are defined in Rule 62-550.518, F.A.C. Beginning April 1, 2016, monitoring requirements to demonstrate compliance with this subsection are defined in Rule 62-550.830, F.A.C. This subsection shall be effective on July 7, 2015.

(a) Until March 31, 2016, the total coliform MCL is based on the presence or absence of total coliforms in a sample, rather than coliform density. (40 C.F.R. §141.63(b) revised as of July 1, 2014.) For the purpose of the public notice requirements in Rule 62-560.410, F.A.C., a violation of the standards in this paragraph poses a non-acute risk to health. This paragraph shall be effective on July 7, 2015.

1. For a system which collects at least 40 samples per month, if no more than 5.0 percent of the samples collected during a month are total coliform-positive, the system is in compliance with the maximum contaminant level for total coliforms.

2. For a system which collects fewer than 40 samples per month, if no more than one sample collected during a month is total coliform-positive, the system is in compliance with the maximum contaminant level for total coliforms.

(b) Until March 31, 2016, any fecal coliform-positive repeat sample or E. coli-positive repeat sample, or any total coliform-positive repeat sample following a fecal coliform-positive or E. coli-positive routine sample is a violation of the MCL for total coliforms. For the purposes of the public notification requirements in Rule 62-560.410, F.A.C., this is a violation that poses an acute risk to health. (40 C.F.R. §141.63(b) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.

(c) Until March 31, 2016, a public water system shall determine compliance with the MCL for total coliforms in paragraphs (a) and (b) of this subsection, for each month in which it is required to monitor for total coliforms. (40 C.F.R. §141.63(d) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.

(d) Beginning April 1, 2016, a system is in compliance with the MCL for E. coli for samples taken under the provisions of 40 C.F.R. Part 141, Subpart Y, which is incorporated by reference in Rule 62.550.830, F.A.C., unless any of the conditions identified in the following subparagraphs 1. through 4., occur. For purposes of the public notification requirements in 40 C.F.R. Part 141, Subpart Q, which is incorporated by reference in Rule 62-560.410, F.A.C., violation of the MCL may pose an acute risk to health. (40 C.F.R. §141.63(c) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.

1. The system has an E. coli-positive repeat sample following a total coliform-positive routine sample. (40 C.F.R. §141.63(c)(1) revised as of July 1, 2014.) This subparagraph shall be effective on July 7, 2015.

2. The system has a total coliform-positive repeat sample following an E. coli-positive routine sample. (40 C.F.R. §141.63(c)(2) revised as of July 1, 2014.) This subparagraph shall be effective on July 7, 2015.

3. The system fails to take all required repeat samples following an E. coli-positive routine sample. (40 C.F.R. §141.63(c)(3) revised as of July 1, 2014.) This subparagraph shall be effective on July 7, 2015.

4. The system fails to test for E. coli when any repeat sample tests positive for total coliform. (40 C.F.R. §141.63(c)(4) revised as of July 1, 2014.) This subparagraph shall be effective on July 7, 2015.

(e) Beginning April 1, 2016, a public water system must determine compliance with the MCL for E. coli in paragraph 62-550.310(5)(d), F.A.C., for each month in which it is required to monitor for total coliforms. (40 C.F.R. §141.63(d) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.

(6) Radionuclides – This subsection applies to community and nontransient noncommunity water systems. The following are the maximum contaminant levels (MCLs) and regulatory detection limits (RDLs) for radionuclides:

(a) Naturally occurring radionuclides:

MAXIMUM CONTAMINANT LEVELS

FOR RADIONUCLIDES

CONTAMINANT

MAXIMUM CONTAMINANT LEVEL

Combined radium226 and radium228

5 pCi/L

Gross alpha particle activity including radium226 but excluding radon and uranium

15 pCi/L

Uranium

30 ug/L

pCi/L = picoCuries per liter

ug/L = micrograms per liter

(b) Man-made radionuclides:

1. The average annual concentration of beta particle and photon radioactivity from man-made radionuclides in drinking water shall not produce an annual dose equivalent to the body or any internal organ greater than 4 millirem/year.

2. Except for those radionuclides listed below, the concentration of man-made radionuclides causing 4 mrem total body or organ dose equivalents shall be calculated on the basis of a 2 liter per day drinking water intake using the 168-hour data list in “Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure,” NBS Handbook 69 as amended August 1963, U. S. Department of Commerce at http://www.flrules.org/Gateway/reference.asp?No=Ref-04137, which is incorporated herein by reference.

Average Annual Concentration Assumed to Produce

an Exposure of 4 millirem/year:

RADIONUCLIDE

CRITICAL ORGAN

pCi/L

Tritium

total body

20,000

Strontium90

bone marrow

8

pCi/L = picoCuries per liter

3. If two or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed 4 millirem/year.

(c) For the purposes of monitoring for gross alpha particle activity, radium-226, radium-228, uranium, and beta particle and photon radioactivity in drinking water, the following regulatory detection limits shall be used:

CONTAMINANT

REGULATORY DETECTION LIMIT

Gross alpha particle activity

3 pCi/L

Radium-226

1 pCi/L

Radium-228

1 pCi/L

Uranium

1 ug/L

Tritium

1,000 pCi/L

Strontium-89

10 pCi/L

Strontium-90

2 pCi/L

Iodine-131

1 pCi/L

Cesium-134

10 pCi/L

Gross beta

4 pCi/L

Other radionuclides

1/10 of the applicable limit

pCi/L = picoCuries per liter

ug/L = micrograms per liter

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.852(12), 403.853(1) FS. History–New 11-19-87, Formerly 17-22.210, Amended 1-18-89, 5-7-90, 1-3-91, 1-1-93, 1-26-93, 7-4-93, Formerly 17-550.310, Amended 9-7-94, 8-1-00, 11-27-01, 4-14-03, 4-25-03, 11-28-04, 12-30-11, 6-24-14, 7-7-15.

Fla. Admin. Code R. 62-550.315 Primary Drinking Water Standards: Treatment Technique Requirements

(1) Control of Acrylamide and Epichlorohydrin – This subsection applies to all public water systems using acrylamide or epichlorohydrin.

(a) Each system using acrylamide or epichlorohydrin shall certify annually in writing to the Department that the combination of dose and monomer level does not exceed the following levels:

1. Acrylamide = 0.05 percent dosed at one part per million (or equivalent).

2. Epichlorohydrin = 0.01 percent dosed at 20 parts per million (or equivalent).

(b) Certifications required by paragraph (a), above, may rely on appropriate manufacturer or third party certifications.

(2) Filtration and Disinfection (Surface Water Treatment) – This subsection applies only to subpart H systems. Filtration and disinfection treatment technique requirements are specified in Rule 62-550.817, F.A.C.

(3) Control of Lead and Copper – This subsection applies only to community water systems and non-transient non-community water systems. The treatment technique requirements for control of lead and copper are specified in 40 CFR 141, subpart I, as adopted under Rule 62-550.800, F.A.C.

(4) Control of Disinfection Byproduct Procursors (Enhanced Coagulation or enhanced Softening) – This subsection applies only to community or non-transient non-community water systems that are subpart H systems using conventional filtration treatment. The treatment technique requirements for control of disinfection byproduct precursors are specified in 40 CFR 141, subpart L, as adopted and modified under Rule 62-550.821, F.A.C.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.852(12), 403.853(1), 403.861(17) FS. History–New 11-27-01, Amended 4-3-03.

Fla. Admin. Code R. 62-550.320 Secondary Drinking Water Standards: Maximum Contaminant Levels

This section applies only to community water systems. (These standards may also apply as ground water quality standards as referenced in Chapter 62-520, F.A.C.)

(1) The secondary maximum contaminant levels are listed in Table 6, which is incorporated herein and appears at the end of this chapter.

(2) Failure to meet the fluoride secondary standard requires public notification pursuant to Rule 62-560.430, F.A.C.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.852(13), 403.853(1) FS. History–New 11-19-87, Formerly 17-22.220, Amended 1-18-89, 1-1-93, 7-4-93, Formerly 17-550.320, Amended 9-7-94, 11-27-01.

Fla. Admin. Code R. 62-550.325 Secondary Drinking Water Standards: Treatment Technique Requirements for Control of Iron and Manganese

This section applies only to community water systems (CWSs).

(1) CWSs may, in lieu of meeting the maximum contaminant level for iron or manganese, sequester iron or manganese using polyphosphates when the maximum concentration of iron plus manganese does not exceed 1.0 milligram per liter. Each CWS using polyphosphate to sequester iron or manganese shall certify annually in writing to the Department that the amount of phosphate added does not exceed 10 milligrams per liter as PO4.

(2) CWSs using ground water may, in lieu of meeting the maximum contaminant level for iron or manganese, sequester iron or manganese using sodium silicates when the maximum concentration of iron plus manganese does not exceed 2 milligrams per liter. Each CWS using sodium silicate to sequester iron or manganese shall certify annually in writing to the Department that the amount of silicate added does not exceed 20 milligrams per liter as SiO2 and that the total amount of added plus naturally occurring silicate does not exceed 60 milligrams per liter as SiO2.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.853(1), (3), 403.861(16), (17) FS. History–New 1-1-93, Amended 7-4-93, Formerly 17-550.325, Amended 11-27-01.

Fla. Admin. Code R. 62-550.330 Other Contaminants Without a Standard

No contaminant which creates or has the potential to create an imminent and substantial danger to the public shall be introduced into a public water system.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.852(12), (13), 403.853(1) FS. History–New 11-19-87, Formerly 17-22.230, 17-550.330.

Fla. Admin. Code R. 62-550.335 Relationship Among Rules 62-550.300-.690, F.A.C

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.852(12), (13), 403.853(1) FS. History–New 11-19-87, Formerly 17-22.235, Amended 1-18-89, 1-3-91, Formerly 17-550.335, Repealed 12-9-96.

Fla. Admin. Code R. 62-550.340 Small System Compliance Technologies

(1) The United States Environmental Protection Agency (US EPA) has published a list of “Small System Compliance Technologies.” These technologies are suggested by US EPA as being affordable methods that systems serving from 25 to 10,000 persons should consider when searching for ways to deal with certain contaminants.

(a) A list of small systems compliance technologies for radionuclides and limitations on their use are contained in the July 1, 2011, edition of 40 C.F.R. §141.66(h) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00896), which is adopted and incorporated herein by reference.

(b) A list of small system compliance technologies for arsenic and limitations on their use are contained in the July 1, 2011 edition of 40 C.F.R. §141.62(d) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00897), which is adopted and incorporated herein by reference.

(c) A list of small system compliance technologies for total coliforms and E. coli is identified in 40 C.F.R. §§141.63(e) and (f) revised as of July 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-05579), which are adopted and incorporated herein by reference. This paragraph shall be effective on July 7, 2015.

(2) Community, non-transient non-community and transient non-community water systems may use point-of-entry (POE) or point-of-use (POU) devices to comply with a maximum contaminant level (MCL).

(a) The use of POE and POU devices shall be limited to systems serving 3,300 or fewer people.

(b) POE and POU units shall be owned, controlled, and maintained by the water system. A contractor may be hired by the water system to ensure proper operation and maintenance of the devices and compliance with maximum contaminant levels. The following are additional requirements:

1. POE and POU units shall conform to applicable NSF International (NSF) standards for drinking water treatment units (i.e., NSF Standard 42-2002, 50-2002, 53-2003, 55-2002, 58-2002, or 62-1999).

2. POE and POU units shall have warning devices attached to provide automatic notification of operational problems.

(c) A water system desiring to use POE or POU devices to comply with a maximum contaminant level must submit its request in writing to the Department. The Department shall approve or disapprove the request, or request additional information, within 30 days of receiving the complete submittal. The request for approval shall include, as a minimum, the following:

1. The results of pilot testing. The system shall conduct pilot testing of POE and POU devices in order to select the proper technology and sizes.

2. An economic analysis. The analysis shall compare the costs of centralized treatment to that of the selected technology. The Department shall not approve the use of POE or POU devices in the event centralized treatment is more cost effective.

3. An installation plan. This plan shall detail what and where devices are to be installed. When POU devices are used, the system shall install one at each point where people normally would be expected to consume water (drinking fountains, ice makers, wet bars, kitchen sinks, etc.). The plan shall also detail customer education and training.

4. A maintenance plan. This plan shall provide schedules for inspection, maintenance, and replacement of the devices. If a contractor is used to maintain the devices, the plan shall provide details of the contractual agreement.

5. A monitoring plan. This plan shall provide details for monitoring the effluent of the devices. Monitoring shall be frequent enough to ensure that no break through of the contaminant occurs. All monitoring results shall be reported to the Department as required by Rule 62-550.730, F.A.C.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.852(12), 403.853(1) FS. History–New 4-14-03, Amended 11-28-04, 12-30-11, 7-7-15.

Fla. Admin. Code R. 62-550.400 General Requirements for Unregulated Contaminants

History

• Rulemaking Authority 403.861(9), (16), (17) FS. Law Implemented 403.853(1), (3), (7) FS. History–New 1-18-89, Amended 5-7-90, 1-1-93, Formerly 17-550.400, Amended 8-1-00, Repealed 2-16-12.

Fla. Admin. Code R. 62-550.405 Group I Unregulated Organic Contaminates

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.853(1), (3), 403.861(16), (17) FS. History–New 1-1-93, Amended 1-26-93, Formerly 17-550.405, Amended 9-7-94, Repealed 8-1-00.

Fla. Admin. Code R. 62-550.410 Group II Unregulated Organic Contaminates

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.853(1), (3), 403.861(16), (17) FS. History–New 1-18-89, Formerly 17-550.310(8), Amended 1-1-93, 1-26-93, 7-4-93, Formerly 17-550.410, Amended 9-7-94, Repealed 8-1-00.

Fla. Admin. Code R. 62-550.415 Group III Unregulated Organic Contaminates

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.853(1), (3), 403.861(16), (17) FS. History–New 9-7-94, Repealed 8-1-00.

Fla. Admin. Code R. 62-550.500 General Monitoring and Compliance Measurement Requirements for Contaminants and Disinfectant Residuals

These general requirements shall apply unless other monitoring or compliance measurement requirements are specified in Rule 62-550.511 through 62-550.540, 62-550.821, 62-550.822, or 62-555.830, F.A.C. This introductory text shall be effective on July 7, 2015.

(1) The Monitoring Framework. Monitoring by public water systems shall be accomplished within a standardized monitoring framework developed to address the issues of complexity, coordination between various rules, and coordination of monitoring schedules. A compliance cycle is a nine-year period during which all public water systems must monitor. Compliance cycles begin January 1, 2002 and January 1, 2011, and every nine years thereafter. Each compliance cycle is broken down into three three-year compliance periods. For example, the three compliance periods that make up the 2002 through 2010 compliance cycle begin January 1, 2002, January 1, 2005, and January 1, 2008.

(2) Monitoring Frequencies. Monitoring frequencies for each group of contaminants or disinfectant residuals are specified in Rules 62-550.511 through 62-550.520, plus 62-550.821, F.A.C., and are summarized in Table 7.

(3) Monitoring Schedule. Each public water system shall monitor at the time designated by this subsection during each compliance cycle and compliance period. Table 8 summarizes when public water systems shall perform initial or routine monitoring.

(a) Systems that monitor for a contaminant quarterly may do so any time during the quarter, except that samples taken in consecutive quarters shall be taken at least 30 days apart.

(b) Systems that monitor for a contaminant annually may do so any time during the year, except that samples taken in consecutive years shall be taken at least 90 days apart.

(c) Systems that monitor for a contaminant every three years shall adhere to the following schedule:

1. Community water systems which serve more than 3,300 persons shall monitor during the first year of each compliance period.

2. Community water systems which serve 3,300 or fewer persons shall monitor during the second year of each compliance period.

3. Non-transient non-community water systems shall monitor during the third year of each compliance period.

(d) Systems that monitor for a contaminant every six years shall monitor as directed by the Department.

(e) Systems that monitor for a contaminant every nine years shall monitor during the first three-year compliance period of each nine-year compliance cycle following the same schedule as in paragraph (c), above.

(f) In the event the population of a small community system increases to more than 3,300 persons, the system shall continue to monitor on the schedule originally prescribed in paragraphs (c) and (d), above, for the remainder of the nine-year compliance cycle, At the beginning of the next nine-year compliance cycle, the system shall begin monitoring in the prescribed year according to its then current size or classification.

(g) Upon request, small community systems and non-transient non-community systems shall be approved to monitor earlier during compliance periods or cycles than required by paragraphs (c) through (e), above.

(4) Increased Monitoring. When specified by the State Health Officer, the Department shall require more frequent monitoring than specified in this section and shall require confirmation samples results as needed to protect public health.

(5) Monitoring Locations.

(a) Ground water systems and subpart H systems shall take a minimum of one sample at every entry point to the distribution system that is representative of each source after treatment (hereafter called a sampling point). The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(b) For purposes of Rules 62-550.500 through 62-550.590, F.A.C., subpart H systems also include systems using a combination of surface water (or ground water under the direct influence of surface water) and ground water not under the direct influence of surface water.

(c) If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of typical operating conditions (e.g., when water is representative of the sources being used).

(6) Confirmation Samples. The system shall take confirmation samples whenever a sample exceeds the maximum contaminant level for nitrate or nitrite and whenever an unregulated contaminant is detected. However, a system may take confirmation samples for other inorganic contaminants, organic contaminants, radionuclides, or secondary contaminants. For regulated contaminants, the results of confirmation samples shall be averaged with the first sampling results and the average used for the compliance determination as specified by subsection (7), below. Confirmation samples shall be collected at the same sampling point as soon as possible, but not later than two weeks, after the initial sample was taken. The Department shall delete results of obvious sampling errors from this calculation.

(7) Measurement of Compliance. Compliance with Rule 62-550.310, F.A.C., shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL.

(a) For systems that are taking more than one sample per year, compliance is determined by a running annual average of all samples taken at each sampling point. If the running annual average of any sampling point is greater than the maximum contaminant level, then the system is out of compliance. If the initial sample or a subsequent sample would cause the running annual average to be exceeded, then the system is immediately out of compliance. Any sample results which are below the regulatory detection limit shall be calculated as zero for purposes of determining the running annual average. If a system fails to collect the required number of samples, compliance with the MCL will be based on the total number of samples collected. Systems shall include all samples, taken within a quarter and analyzed under the provisions of this section (even if that number is greater than the minimum required), to obtain an average for the quarter to determine compliance with these rules.

(b) A system monitoring annually or less frequently for the inorganic contaminants, other than nitrate or nitrite, listed in subsection 62-550.310(1), F.A.C., the volatile organic contaminants listed in paragraph 62-550.310(4)(a), F.A.C., the synthetic organic contaminants listed in paragraph 62-550.310(4)(b), F.A.C., or the radiological contaminants listed in subsection 62-550.310(6), F.A.C., whose sample result exceeds the maximum contaminant level will not be considered in violation of the maximum contaminant level until it has completed one year of quarterly sampling. If the running annual average of any sampling point is greater than the maximum contaminant level, then the system is out of compliance. If the initial sample or a subsequent sample would cause the running annual average to exceed the maximum contaminant level, then the system is immediately out of compliance. For the purpose of calculating the running annual average, the initial exceedance is considered to be the first quarterly sample. Any sample result that is below the regulatory detection limit shall be calculated as zero for purposes of determining the running annual average. If a system fails to collect the required number of samples, compliance with the MCL will be based on the total number of samples collected. Rule 62-550.512, F.A.C., governs nitrate and nitrite, which are considered acute contaminants.

(c) The Department shall delete results of obvious sampling or analytic errors.

(8) Systems Not in Compliance with a Maximum Contaminant Level (MCL) or Maximum Residual Disinfectant Level (MRDL). A system that is not in compliance with an MCL or MRDL shall notify the Department within 48 hours of receiving the results (except for violations of the microbiological, nitrate, or nitrite MCL and acute violations of the MRDL for chlorine dioxide), and notify the public in accordance with Rule 62-560.410, F.A.C.

(9) Waivers from Monitoring. Systems may request to receive a waiver from the requirement to monitor for organic contaminants pursuant to Rule 62-560.545, F.A.C.

(10) Reporting the results of analyses. All public water systems shall forward the results of analyses to the Department pursuant to Rule 62-550.730, F.A.C.

(11) New Systems or Sources. All new systems or systems that use a new source of water shall demonstrate compliance with all maximum contaminant levels. The system shall comply with the initial sampling frequencies as specified in this chapter. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements in this chapter.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(1), (3), 403.859(1), 403.861(16), (17) FS. History–New 11-19-87, Formerly 17-22.300, Amended 1-18-89, 5-7-90, 1-1-93, 1-26-93, 7-4-93, Formerly 17-550.500, Amended 9-7-94, 8-1-00, 11-27-01, 4-14-03, 11-28-04, 12-30-11, 7-7-15, 2-26-25.

Fla. Admin. Code R. 62-550.511 Asbestos Monitoring Requirements

All community and non-transient non-community systems that are susceptible to asbestos contamination (e.g., source water contaminated by asbestos or use of asbestos-cement pipe within the distribution system) shall monitor to determine compliance with the maximum contaminant level for asbestos specified in paragraph 62-550.310(1)(a), F.A.C., according to the following:

(1) Each community and non-transient non-community water system that is susceptible to asbestos contamination (e.g., source water contaminated by asbestos or use of asbestos-cement pipe within the distribution system) shall monitor for asbestos during the year prescribed by paragraph 62-550.500(3)(e), F.A.C. Source waters in Florida are not considered to be susceptible to asbestos contamination. The water system shall monitor source waters when notified in writing by the Department that the system is susceptible to asbestos contamination.

(a) A system susceptible to asbestos contamination due solely to corrosion of asbestos-cement pipe shall take one sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(b) A system susceptible to asbestos contamination due solely to source water shall monitor in accordance with the provision of paragraph 62-550.500(5)(a), F.A.C.

(c) A system susceptible to contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take one sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

(2) Reports of the result of asbestos sampling shall describe the location where the sample was taken and the reason why that location was chosen.

(3) During the year the system is scheduled to monitor, the system shall send the Department an asbestos sampling plan, using Form 62-555.900(10) detailing the location and the conditions under which the sample is to be taken.

(4) A system without asbestos-containing components shall certify to the Department in writing, using Form 62-555.900(10), that it is asbestos free. Certification shall satisfy the requirements of subsections (1), (2) and (3), above, and shall be submitted each nine-year compliance cycle during the specified year the system is required to monitor.

(5) The Department shall reduce the monitoring frequency to annually, for systems that exceeded the maximum contaminant level for asbestos and are required to monitor quarterly as prescribed by subsection 62-550.500(8), F.A.C., if the running annual average is below the maximum contaminant level. The Department shall reduce the monitoring frequency as provided in paragraph 62-550.500(3)(d), F.A.C., when the average of three consecutive years of monitoring results is less than 50% of the maximum contaminant level and no sample exceeds the maximum contaminant level.

(6) If the initial monitoring for asbestos was completed between January 1, 1990 and December 31, 1992, and the results did not exceed the maximum contaminant level specified in paragraph 62-550.310(1)(a), F.A.C., the system may submit those results to the Department in lieu of monitoring during the first compliance cycle.

(7) Compositing of samples is allowed as provided in subsection 62-550.550(4), F.A.C.

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 1-1-93, Amended 7-4-93, Formerly 17-550.511, Amended 9-7-94, 2-7-95, 12-9-96, 4-14-03, 11-28-04.

Fla. Admin. Code R. 62-550.512 Nitrate and Nitrite Monitoring Requirements

All public water systems shall monitor to determine compliance with the maximum contaminant levels for nitrate and nitrite specified in paragraph 62-550.310(1)(a), F.A.C.

(1) Community or non-transient non-community water systems that are ground water systems shall monitor annually. Community or non-transient non-community water systems that are subpart H systems shall monitor quarterly.

(a) The repeat monitoring frequency for ground water systems shall be quarterly for at least one year following any one sample in which the concentration is greater than or equal to 50 percent of the maximum contaminant level. A ground water system may reduce the sampling frequency to annually after the running annual average is less than 50 percent of the maximum contaminant level.

(b) A subpart H system may reduce the sampling frequency to annually if each analytical result from the four most recent consecutive quarters is less than 50 percent of the maximum contaminant level. A subpart H system shall return to quarterly monitoring if any one sample is greater than or equal to 50 percent of the maximum contaminant level.

(c) After the initial round of quarterly sampling is completed, each system that monitors annually shall take subsequent samples during the quarter that previously resulted in the highest analytical result.

(2) Each transient non-community water system shall monitor annually. The monitoring frequency for any transient non-community water system shall be quarterly for at least one year following any one sample in which the concentration of nitrite is greater than or equal to 50 percent of the maximum contaminant level specified in Table 1, which is incorporated herein and appears at the end of this chapter. The system may return to annual monitoring when the running annual average is less than the maximum contaminant level.

(3) A system that exceeds the maximum contaminant level for nitrate or nitrite as specified in paragraph 62-550.310(1)(a), F.A.C., shall comply with the following:

(a) Compliance with the maximum contaminant levels for nitrate and nitrite is determined based on one sample if the levels of these contaminants are below the maximum contaminant levels. If the levels of nitrate or nitrite exceed the maximum contaminant levels in the initial sample, a confirmation sample is required to be taken within 24 hours of notification of the analytical results of the first sample. Systems unable to comply with the requirement to take a confirmation sample within 24 hours shall immediately notify the public and the Department in accordance with subsection 62-560.410(1), F.A.C. Systems exercising this option shall take and analyze a confirmation sample within two weeks of notification of the analytical results of the first sample. Compliance shall be determined based on the average of the initial and confirmation samples.

(b) If the average of the initial and confirmation samples, or the initial sample if no confirmation is taken, exceeds the maximum contaminant level, the system shall immediately notify the public pursuant to subsection 62-560.410(1), F.A.C.

(c) Systems shall notify the Department within 24 hours of determining that the maximum contaminant level has been exceeded.

(4) Compositing of samples is allowed as provided in subsection 62-550.550(4), F.A.C.

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 1-1-93, Amended 7-4-93, Formerly 17-550.512, Amended 9-7-94, 2-7-95, 8-1-00, 11-27-01, 4-14-03, 1-17-05.

Fla. Admin. Code R. 62-550.513 Inorganic Contaminants Monitoring Requirements

Community and non-transient non-community water systems shall monitor to determine compliance with the maximum contaminant levels of all the contaminants listed in paragraph 62-550.310(1)(a), F.A.C., (except asbestos, nitrate, and nitrite) as follows:

(1) Ground water systems shall take one sample at each sampling point during each compliance period. Subpart H systems shall take one sample annually.

(2) Systems that exceed the maximum contaminant level shall monitor quarterly. The system may decrease the quarterly monitoring requirement of this rule to the frequencies specified in subsection (1), above, when the system has results from four consecutive quarters that are below the MCL, unless the system enters into another schedule as part of a formal compliance agreement with the Department.

(3) Conditions which require more frequent monitoring for lead than specified in subsections (1) and (2), above, are found in Rule 62-550.800, F.A.C.

(4) Compositing of samples is allowed with certain restrictions pursuant to subsection 62-550.550(4), F.A.C.

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 1-1-93, Formerly 17-550.513, Amended 2-7-95, 11-27-01, 4-14-03.

Fla. Admin. Code R. 62-550.514 Disinfectant Residuals and Disinfection Byproducts Monitoring Requirements

(1) Disinfectant Residuals.

(a) Community or non-transient non-community water systems adding a chemical disinfectant to the water in any part of the drinking water treatment process shall monitor in accordance with 40 CFR 141, subpart L, as adopted and modified under Rule 62-550.821, F.A.C., to determine compliance with the maximum residual disinfectant levels specified in subsection 62-550.310(2), F.A.C.

(b) If you are a consecutive system that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, you must comply with monitoring requirements for chlorine and chloramines in 40 C.F.R. §141.132(c)(1) (which is incorporated by reference in Rule 62-550.821, F.A.C.) beginning April 1, 2009. (40 C.F.R. §141.624 (July 1, 2011))

(c) Transient non-community water systems (TWSs) using chlorine dioxide as a disinfectant or oxidant shall monitor in accordance with 40 CFR 141, subpart L, as adopted and modified under Rule 62-550.821, F.A.C., to determine compliance with the chlorine dioxide maximum residual disinfectant level specified in subsection 62-550.310(2), F.A.C.

(2) Disinfection Byproducts.

(a) Community or non-transient non-community water systems adding a chemical disinfectant to the water in any part of the drinking water treatment process shall monitor in accordance with 40 CFR 141, subpart L, as adopted and modified under Rule 62-550.821, F.A.C., to determine compliance with the Stage 1 disinfection byproduct maximum contaminant levels specified in subsection 62-550.310(3), F.A.C.

(b) The regulations in 40 C.F.R. Part 141, Subpart V (which is incorporated by reference in Rule 62-550.822, F.A.C.) establish monitoring requirements for achieving compliance with maximum contaminant levels based on locational running annual averages for total trihalomethanes and haloacetic acids (five). You are subject to these requirements if your system is a community water system or a non-transient non-community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light. (40 C.F.R. §141.620(a) and (b) (July 1, 2011))

History

• Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 1-1-93, Amended 7-4-93, Formerly 17-550.514, Amended 2-7-95, 11-27-01, 11-28-04, 12-30-11.

Fla. Admin. Code R. 62-550.515 Volatile Organic Contaminants Monitoring Requirements

Monitoring for the volatile organic contaminants listed in paragraph 62-550.310(4)(a), F.A.C., shall be conducted to determine compliance with the maximum contaminant levels.

(1) Monitoring Frequency.

(a) Initial base point monitoring. Each community or non-transient non-community water system shall take four consecutive quarterly samples for each contaminant listed in paragraph 62-550.310(4)(a), F.A.C., during the first compliance period.

(b) If the public water system does not detect any of the contaminants listed in paragraph 62-550.310(4)(a), F.A.C., it shall sample annually beginning with the next compliance period.

(c) If the initial monitoring for contaminants listed in paragraph 62-550.310(4)(a), F.A.C., as required in subsection (1) of this section, was completed between January 1, 1988, and December 31, 1992, and the system did not detect any contaminant listed in paragraph 62-550.310(4)(a), F.A.C., then each ground water system and subpart H system may take one sample annually beginning January 1, 1993.

(d) After a minimum of three years of annual sampling, ground water systems with no previous detection of any contaminant listed in paragraph 62-550.310(4)(a), F.A.C., may take one sample during each compliance period.

(e) Subpart H systems and ground water systems may apply to the Department for a monitoring waiver as specified in Rule 62-560.545, F.A.C.

(2) Sampling location. During the first quarter of the initial base point monitoring, ground water systems shall take a minimum of one sample that is specifically representative of each well. It may be collected as a raw or treated sample. Subsequent samples shall be taken as required by subsection 62-550.500(5), F.A.C.

(3) Monitoring Frequency After a Contaminant Is Detected. If a contaminant listed in paragraph 62-550.310(4)(a), F.A.C., is detected at a level exceeding 0.0005 milligrams per liter in any sample:

(a) The system shall notify the Department within seven days of receiving the laboratory results and shall monitor quarterly for that contaminant at each sampling point that resulted in a detection.

(b) The Department shall decrease the quarterly monitoring requirement of this section to annually if the system has results from four consecutive quarters that are below the MCL, unless the system enters into another schedule as part of a formal compliance agreement with the Department. After three years of annual sampling with no detection of the contaminant, a ground water system may decrease the annual monitoring requirement to one sample each compliance period.

(c) Systems that monitor annually shall monitor during the quarter that previously yielded the highest analytical result for that particular contaminant.

(4) Compositing of samples is allowed as provided in subsection 62-550.550(4), F.A.C.

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 1-1-93, Amended 1-26-93, 7-4-93, Formerly 17-550.515, Amended 9-7-94, 2-7-95, 11-27-01, 4-14-03.

Fla. Admin. Code R. 62-550.516 Synthetic Organic Contaminants Monitoring Requirements

Monitoring for the synthetic organic contaminants listed in paragraph 62-550.310(4)(b), F.A.C., shall be conducted as follows:

(1) Monitoring Frequency.

(a) Each community or non-transient non-community water system shall take four consecutive quarterly samples for each contaminant listed in paragraph 62-550.310(4)(b), F.A.C., during each compliance period.

(b) Systems which serve more than 3,300 persons that do not detect a contaminant in the initial compliance period may reduce the sampling frequency to two quarterly samples, taken at least 60 days apart, in one year during each repeat compliance period.

(c) Systems which serve less than or equal to 3,300 persons that do not detect a contaminant in the initial compliance period may reduce the sampling frequency to one sample during each repeat compliance period.

(d) Systems may apply to the Department for a monitoring waiver as specified in Rule 62-560.545, F.A.C.

(2) Sampling location. During the first quarter of the initial base point monitoring, ground water systems shall take a minimum of one sample that is representative of each well. The sample may be collected as a raw or treated sample. Subsequent samples shall be taken as directed by subsection 62-550.500(5), F.A.C.

(3) Systems monitoring annually or less frequently whose sample result exceeds the regulatory detection level shall begin quarterly sampling. Detection as used in this rule shall be defined as a sample result greater than the concentration for each contaminant as listed in the column headed “Regulatory Detection Limit” in Table 5, which appears at the end of this chapter.

(4) Monitoring Requirements After a Contaminant Is Detected. If an organic contaminant listed in paragraph 62-550.310(4)(b), F.A.C., is detected in any sample:

(a) The system shall notify the Department within seven days after receiving the laboratory results and shall monitor quarterly at each sampling point where a contaminant was detected.

(b) The Department shall decrease the quarterly monitoring requirement of this section to annually if the system has results from four consecutive quarters that are below the MCL, unless the system enters into another schedule as part of a formal compliance agreement with the Department. After three years of annual sampling with no detection of any contaminant listed in paragraph 62-550.310(4)(b), F.A.C., systems may sample according to the schedule detailed in paragraphs (1)(b) and (c), above.

(c) Systems that monitor annually shall monitor during the quarter that previously yielded the highest analytical result.

(d) If monitoring detects heptachlor or heptachlor epoxide, then subsequent monitoring shall analyze for both.

(5) Compositing of samples is allowed as provided in subsection 62-550.550(4), F.A.C.

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 1-1-93, Amended 1-26-93, Formerly 17-550.516, Amended 9-7-94, 2-7-95, 11-27-01, 4-14-03, 11-28-04.

Fla. Admin. Code R. 62-550.517 Physical Characteristics Monitoring Requirements

(1) All community, non-transient non-community, and transient non-community public water systems that use any surface water sources, ground water sources under the direct influence of surface water, or advanced treated water, shall monitor for turbidity pursuant to Rule 62-550.817, F.A.C.

(2) All public water systems using ground water not under the direct influence of surface water are required by subsections 62-550.518(2), (3) and (10), F.A.C., to periodically sample the raw ground water for microbiological contamination. In the event a raw water sample is positive for total coliform bacteria, the system shall begin monitoring the raw water source for turbidity, pH, temperature, nitrates, and conductivity when notified in writing by the Department to do so and shall perform a microscopic particulate analysis and particle counter analysis when notified in writing by the Department to do so. These data will be used by the Department to determine whether the system’s water source is under the direct influence of surface water. If the Department renders a written decision that the source is not under the direct influence of surface water, or if no subsequent raw water samples are positive for bacteria during the following one-year period, monitoring of the raw water for turbidity, pH, temperature, and conductivity will no longer be required. If the Department determines that a system is under the direct influence of surface water, the system shall comply with Rule 62-550.817, F.A.C. In the event the system notifies the Department in writing that it disagrees with the Department’s determination, the system shall have six months in which to commission and complete an independent analysis of the system. Upon receipt of such an independent analysis, the Department will reconsider its determination and notify the system of its decision and include the notice of rights to an administrative hearing as provided in Rule 62-110.106, F.A.C.

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 1-1-93, Amended 7-4-93, Formerly 17-550.517, Amended 9-7-94, 8-1-00, 11-27-01, 4-3-03, 2-26-25.

Fla. Admin. Code R. 62-550.518 Microbiological Monitoring Requirements

The provisions of subsections 62-550.518(1) through (6), F.A.C., pertaining to distribution system sampling or samples and the provisions of subsection 62-550.518(12), F.A.C., are applicable until March 31, 2016. The provisions of subsections 62-550.518(7) through (11), F.A.C., pertaining to distribution system sampling or samples are applicable until all required repeat monitoring under subsections 62-550.518(7) and (8), F.A.C., and fecal coliform or E. coli testing under subsection 62-550.518(10), F.A.C., that was initiated by a total coliform-positive sample taken before April 1, 2016, is completed, as well as analytical method, reporting, recordkeeping public notification, and consumer confidence report requirements associated with that monitoring and testing. Beginning April 1, 2016, the provisions of 40 C.F.R. Part 141, Subpart Y, (Revised Total Coliform Rule), which is incorporated by reference in Rule 62-550.830, F.A.C., are applicable, with systems required to begin regular monitoring at the same frequency as the system-specific frequency required on March 31, 2016. (40 C.F.R. §141.21(h) revised as of July 1, 2014.) This introductory text shall be effective on July 7, 2015.

(1) All public water systems shall analyze for coliform bacteria to determine compliance with subsection 62-550.310(5), F.A.C. Public water systems shall collect total coliform samples at sites that are representative of water throughout the distribution system and in accordance with a written sampling plan that addresses location, timing, frequency and rotation period. These plans shall be available for review and possible revision on the occasion of a sanitary survey conducted by the Department. Descriptions of sampling locations shall be specific, i.e., numbered street addresses or lot numbers. Pressure tank or plant tap samples are not acceptable for determining compliance.

(2) Total coliform samples shall be taken by public water systems at regular intervals as required by the Revised Total Coliform Rule (RTCR) adopted in Rule 62-550.830, F.A.C. In addition, systems that are using ground water not under the direct influence of surface water shall take a minimum of one monthly raw water sample that is representative of each ground water source (i.e., well) not under the direct influence of surface water. For purposes of this subsection, consecutive systems that receive any finished water originating from a subpart H system are considered subpart H systems.

(3) Transient non-community water systems using only ground water not under the direct influence of surface water and serving 1,000 or fewer persons shall monitor at the rate of two distribution system samples in each calendar quarter during which the system provides water to the public. In addition, such systems shall take a minimum of one quarterly raw water sample that is representative of each ground water source (i.e., well).

(4) Public water systems shall collect distribution system samples at regular intervals throughout the month, except that a system that uses only ground water not under the direct influence of surface water and that serves 4,900 persons or fewer may collect all required samples on a single day if the samples are taken from different sites.

(5) Subpart H systems in an interim period per subparagraph 62-550.817(2)(a)2., F.A.C., until filtration is installed in compliance with 40 CFR 141, Subpart H, adopted by Rule 62-550.817, F.A.C., shall collect at least one total coliform sample near the first service connection each day the turbidity level of the source water exceeds one NTU, measured as specified in 40 CFR 141.74(b)(2), adopted by Rule 62-550.817, F.A.C. This sample shall be analyzed for the presence of total coliforms. When any turbidity measurement in any day exceeds one NTU, the system shall collect this coliform sample within 24 hours unless the Department determines that the system, for logistical reasons outside the system’s control, cannot have the sample analyzed within 30 hours of collection. In this case, the Department shall specify how much time the system has to collect the sample. Sample results from this coliform monitoring shall be included in determining compliance with the maximum contaminant level for total coliforms in subsection 62-550.310(5), F.A.C.

(6) Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, shall not be used to determine compliance with the maximum contaminant level for total coliforms in subsection 62-550.310(5), F.A.C. Repeat distribution system samples taken pursuant to subsection (7) of this section are not considered special purpose samples and shall be used to determine compliance with the maximum contaminant level for total coliforms in subsection 62-550.310(5), F.A.C.

(7) Additional or Repeat Monitoring.

(a) If a raw water sample is total-coliform-positive, the public water system shall disinfect and bacteriologically survey the relevant well(s) in accordance with subsection 62-555.315(6), F.A.C., when notified in writing by the Department to do so and shall conduct physical characteristics monitoring in accordance with subsection 62-550.517(2), F.A.C., when notified in writing by the Department to do so.

(b) If a routine distribution system sample is total-coliform-positive, the public water system shall collect a set of repeat distribution system samples within 24 hours of being notified of the positive result. The system shall collect all repeat samples on the same day. A system that collects monthly routine samples shall collect no fewer than three repeat samples for each total-coliform-positive sample found. A transient non-community water system that collects quarterly routine samples shall collect no fewer than four repeat samples for each total-coliform-positive sample found. The Department shall extend the 24-hour limit on a case-by-case basis if the system has a logistical problem that is beyond its control in collecting the repeat samples within 24 hours. If an extension is granted, the Department shall specify how much time the system has to collect the repeat samples. If a routine distribution system sample is total-coliform-positive and the public water system is collecting fewer than five routine distribution system samples per month, the system also shall comply with the sampling requirements in subsection 62-550.518(8), F.A.C.

(c) The system shall collect at least one repeat distribution system sample from the sampling tap where the original total-coliform-positive sample was taken, at least one repeat distribution system sample at a tap within five service connections upstream of the original sampling site, and at least one repeat distribution system sample at a tap within five service connections downstream of the original sampling site. If a total-coliform-positive sample is at the beginning or end of the distribution system, or one service connection away from the beginning or end of the distribution system, the system need not collect a repeat sample upstream or downstream of the original sampling site, whichever is applicable, but still must collect the total number of repeat samples specified in paragraph (b) above.

(d) If any repeat distribution system sample in the set is total-coliform-positive the public water system shall collect an additional set of repeat distribution system samples in the manner specified in paragraphs (7)(b) and (c) of this section. The public water system shall collect the additional samples within 24 hours of being notified of the positive result unless the Department extends the limit as provided in paragraph (7)(b) of this section. The system shall repeat this process until either total coliforms are not detected in one complete set of repeat samples or the system determines that the maximum contaminant level for total coliforms in subsection 62-550.310(5), F.A.C., has been exceeded and notifies the Department in accordance with subsections (10) and (11) below.

(e) Results of all routine and repeat distribution system samples not invalidated by the Department shall be included in determining compliance with the maximum contaminant level for total coliforms in subsection 62-550.310(5), F.A.C.

(8) If a system collecting fewer than five routine distribution system samples per month has one or more total-coliform-positive samples and the Department does not invalidate the sample(s) under paragraph 62-550.518(9)(a), F.A.C., it shall collect at least five routine distribution system samples during the next month the system provides water to the public.

(9) Invalidation of Total Coliform Samples. A total-coliform-positive sample invalidated under this subsection does not count toward meeting the minimum monitoring requirements of this section. Department invalidation of a total coliform-positive sample invalidates subsequent fecal-coliform-positive or E.-coli-positive results on the same sample.

(a) The Department shall invalidate a total-coliform-positive sample only if any of the following conditions are met:

1. The laboratory establishes that improper sample analysis caused the total-coliform-positive result.

2. The Department, on the basis of the results of the repeat distribution system samples collected as required by subsection (7) of this section, determines that the total-coliform-positive sample resulted from a non-distribution system plumbing problem. The Department shall not invalidate a sample on the basis of repeat samples unless all repeat samples collected at the same tap as the original total-coliform-positive sample are also total-coliform-positive and all repeat samples collected within five service connections of the original tap are total-coliform-negative. The Department shall not invalidate a total-coliform-positive sample on the basis of repeat samples if all the repeat samples are total-coliform-negative or if the public water system has only one service connection.

3. The Department has received in writing substantial grounds to conclude that a total-coliform-positive result is due to a circumstance or condition that does not reflect raw water quality or water quality in the distribution system. In this case, the system shall still collect all repeat distribution system samples required under subsection (7) of this section, and use them to determine compliance with the maximum contaminant level for total coliforms in subsection 62-550.310(5), F.A.C. The written documentation shall describe the specific cause of the total-coliform-positive sample and what action the system has taken, or will take, to correct this problem. The Department shall not invalidate a total-coliform-positive sample solely on the grounds that all repeat samples are total-coliform-negative.

(b) Unless total coliforms are detected, a laboratory shall invalidate a total coliform sample if the sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined (e.g., the Multiple-Tube Fermentation Technique); produces a turbid culture in the absence of an acid reaction in the Presence-Absence (P-A) Coliform Test; or, exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter (e.g., Membrane Filter Technique). If a laboratory invalidates a sample because of such interference, the system shall report to the Department in accordance with subsection 62-550.730(1), F.A.C., and collect another sample from the same location as the original sample within 24 hours of being notified of the interference problem. The system shall continue to resample every 24 hours and have the samples analyzed until it obtains a valid result. The Department shall expand the 24-hour requirement on a case-by-case basis if the system has a logistical problem that is beyond its control in collecting the repeat samples within 24 hours. If an extension is granted, the Department shall specify how much time the system has to collect the repeat samples.

(10) Fecal Coliforms/Escherichia coli (E. coli) Testing. If any raw water sample is total-coliform-positive, the system shall analyze that total-coliform-positive culture to determine if E. coli is present. If any routine or repeat distribution system sample is total-coliform-positive, the system shall analyze that total-coliform-positive culture to determine if fecal coliforms are present or shall analyze that total-coliform-positive culture to determine if E. coli is present. If fecal coliform or E. coli is present in any repeat distribution system sample, the system shall notify the Department in accordance with paragraph (11)(a), below. If fecal coliform or E. coli is present in any routine distribution system sample or if E. coli is present in any raw water sample that is representative of a well previously considered to be meeting the bacteriological requirements in paragraph 62-555.315(6), F.A.C., the system shall notify the appropriate Department of Environmental Protection (DEP) District Office or appropriate Approved County Health Department (ACHD) by the end of the day that the system learns of the test result unless the system learns of the result after the appropriate DEP District Office or appropriate ACHD is closed, in which case the system shall notify the appropriate DEP District Office or appropriate ACHD before the end of the next business day.

(11) Response to Violation.

(a) A public water system that has an acute violation of the total coliform maximum contaminant level (MCL) as specified in paragraph 62-550.310(5)(b), F.A.C., shall report the violation to the Department as soon as practicable but no later than 24 hours after the system learns of the violation and shall notify the public in accordance with Rule 62-560.410, F.A.C. A public water system that has a non-acute violation of the total coliform MCL as specified in paragraph 62-550.310(5)(a), F.A.C., shall report the violation to the Department no later than the end of the next business day after it learns of the violation, and shall notify the public in accordance with Rule 62-560.410, F.A.C.

(b) A public water system that has failed to comply with a coliform monitoring requirement shall report the monitoring violation to the Department within 48 hours after the system discovers the violation, and shall notify the public in accordance with Rule 62-560.410, F.A.C.

(12) The requirements contained in 40 C.F.R. §141.21(d) revised as of July 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-05580), are adopted and incorporated herein by reference. This subsection shall be effective on July 7, 2015.

History

• Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 1-1-93, Amended 7-4-93, Formerly 17-550.518, Amended 9-7-94, 2-7-95, 8-1-00, 11-27-01, 4-3-03, 11-28-04, 7-7-15, 2-26-25.

Fla. Admin. Code R. 62-550.519 Radionuclides Monitoring Requirements

This section contains monitoring frequency and compliance requirements for radionuclides for community and nontransient noncommunity water systems.

(1) Monitoring and Compliance Requirements for Gross Alpha Particle Activity, Radium-226, Radium-228, and Uranium.

(a) Community water systems (CWSs) and nontransient noncommunity water systems (NTNCs) shall conduct monitoring to determine compliance with paragraph 62-550.310(6)(a), F.A.C.

1. All existing CWSs and NTNCs shall sample at every entry point to the distribution system under normal operating conditions.

2. All new CWSs and new NTNCs or existing CWSs or NTNCs that use a new source of water shall begin to conduct initial monitoring for the new source within the first quarter after initiating use of the source.

3. The conversion factor for converting uranium results expressed in pCi/L to ug/L is 1.50 ug/pCi. When converting uranium results expressed in ug/L to pCi/L, use 0.67 pCi/ug.

4. Compliance and reduced monitoring frequencies shall be calculated based on the analytical results. The analytical result is the number that the laboratory reports, not including (i.e., not adding or subtracting) the standard deviation.

(b) Initial monitoring: Systems shall conduct initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium as follows:

1. Systems shall collect four consecutive quarterly samples at all sampling points. All CWSs will have completed their initial monitoring by January 1, 2007. CWSs constructed after that time and all new NTNCs will conduct one year of initial monitoring within the first year of operation. Existing CWSs and NTNCs can use historical data to satisfy the initial monitoring requirement as specified in paragraph 62-550.519(1)(c), F.A.C., below.

2. For gross alpha particle activity, uranium, radium-226, and radium-228 monitoring, the Department shall waive the final two quarters of initial monitoring for a sampling point if the results of the samples from the previous two quarters are below the regulatory detection limit.

3. If the average of the initial monitoring results for any sampling point is above the MCL, the system is out of compliance. The system must continue to collect and analyze quarterly samples at that sampling point until the system has results from four consecutive quarters that are at or below the MCL, unless the system enters into another schedule as part of a formal compliance agreement with the Department.

4. CWSs serving more than 3,300 people that were required to sample prior to January 1, 2012 and had no detections shall sample again during 2014. CWSs serving 3,300 or fewer people that were required to sample prior to January 1, 2013 and had no detections shall sample again during 2015. All existing NTNCs shall begin routine monitoring under paragraph 62-550.519(1)(d), F.A.C., starting January 1, 2016, unless the system has historical data that allows them to go either to reduced monitoring or waives the monitoring requirement entirely.

(c) Use of Historical Data. Under the following conditions, CWS’s data gathered between June 1, 2000 and December 8, 2003 and NTNC’s data gathered between January 1, 1996 and December 31, 2015, may be used to satisfy the requirement to monitor during the initial monitoring period described in paragraph 62-550.519(1)(b), F.A.C., above.

1. The water system shall have at least one sample result from every point of entry for gross alpha and radium-228;

2. The gross alpha result shall not exceed 15 pCi/L;

3. The system must either sample for radium-226 or may substitute the gross alpha value if it is less than 5 pCi/L. If the gross alpha particle activity result is less than the regulatory detection level of 3 pCi/L, half the detection level (1.5 pCi/L), shall be used if substituting for radium-226; and

4. The combined value for radium-226 and radium-228 shall not exceed 5 pCi/L.

5. Systems that use historical data gathered between June 1, 2000, and December 8, 2003, in lieu of testing during the initial monitoring period do not need to monitor again until 2008 for systems serving 3,300 or more people, and 2009 for systems serving fewer than 3,300 people.

(d) Routine monitoring began January 1, 2008 for community water systems serving 3,300 or more people. Community water systems serving fewer than 3,300 people began monitoring January 1, 2009. NTNCs will begin routine monitoring January 1, 2016. Routine monitoring will take place every three years and must meet the following conditions:

1. The water system shall have at least one sample result from every point of entry for gross alpha and radium-228.

2. The system may either sample for uranium or may substitute the gross alpha value if it is less than 15 pCi/L. If the gross alpha value exceeds 15 pCi/L, the system must sample for uranium. The uranium result shall be subtracted from the gross alpha result in order to determine compliance with the gross alpha MCL. In the event the gross alpha result minus the uranium result exceeds 15 pCi/L, the system shall begin quarterly monitoring for gross alpha.

3. In the event the uranium value exceeds 30 ug/L (20 pCi/L), the system shall begin quarterly monitoring for uranium.

4. The system must either sample for radium-226 or may substitute the gross alpha value if it is less than 5 pCi/L. If the gross alpha value result is less than the regulatory detection level of 3 pCi/L, half the detection level (1.5 pCi/L) shall be used if substituting for radium-226.

5. In the event the combined value for radium-226 and radium-228 exceeds 5 pCi/L, the system shall begin quarterly monitoring for both radium-226 and radium-228.

(e) Reduced monitoring. The Department shall allow community and NTNC water systems to reduce the future frequency of monitoring at each sampling point from once every three years or once every six years to once every six or nine years or waive monitoring for NTNCs altogether, based on the following criteria:

1. If the monitoring result for a contaminant (i.e., gross alpha particle activity, uranium, radium-226, or radium-228) is below the regulatory detection limit specified in paragraph 62-550.310(6)(c), F.A.C., above, the CWS shall collect and analyze for that contaminant at that sampling point every nine years, and a NTNC is waived from any future monitoring for that contaminant.

2. For gross alpha particle activity and uranium, if the monitoring results for each contaminant is at or above the regulatory detection limit but at or below half the MCL, the CWS shall collect and analyze for that contaminant using at least one sample at that sampling point every six years and the NTNC shall collect and analyze for that contaminant using at least one sample at that sampling point every nine years. For radium-226 and radium-228, the analytical results shall be combined. If the combined monitoring result for radium-226 and radium-228 is at or above 1 pCi/L, but at or below half the MCL (2.5 pCi/L), the CWS shall collect and analyze for that contaminant using at least one sample at that sampling point every six years and the NTNC shall collect and analyze for that contaminant using at least one sample at that sampling point every nine years.

3. For gross alpha particle activity and uranium, if the monitoring results for each contaminant is above half the MCL but at or below the MCL, the CWS shall remain on routine monitoring and shall collect and analyze at least one sample at that sampling point every three years and every six years for a NTNC system. If the combined monitoring result for radium-226 and radium-228 is above half the MCL but at or below the MCL, the CWS shall remain on routine monitoring and shall collect and analyze at least one sample at that sampling point every three years, and every six years for the NTNC system.

4. Systems with multiple entry points to the distribution system could have different monitoring schedules for radionuclides at each entry point. In the event such a situation occurs, the system shall be responsible for keeping track of its monitoring schedule.

(f) Systems shall use the samples collected during the initial, routine or reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods (e.g., if a system’s sampling point is on a nine year monitoring period, and the sample result is above half the MCL, then the next monitoring period for that sampling point is three years).

(g) If a system has a monitoring result that exceeds the MCL, the system shall collect and analyze quarterly samples at that sampling point until the system has results from four consecutive quarters that are below the MCL, unless the system enters into another schedule as part of a formal compliance agreement with the Department. When the combined MCL for radium-226 and radium-228 exceeds the MCL of 5 pCi/L, the system shall begin quarterly monitoring for both radium-226 and radium-228. Substitution of a gross alpha particle activity result for radium-226 shall not be allowed when the combined result exceeds the MCL.

(h) Compositing. To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226, radium-228, or uranium, a system may composite up to four consecutive quarterly samples from a single entry point if analysis is done within a year of the first sample. The Department shall treat analytical results from the composited sample as the average analytical result to determine compliance with the MCLs and the future monitoring frequency. If the analytical result from the composited sample is greater than half the MCL, the Department shall direct the system to take one year of additional quarterly samples before allowing the system to sample under a reduced monitoring schedule.

(i) A gross alpha particle activity measurement may be substituted for the required radium-226 measurement provided that the measured gross alpha particle activity does not exceed 5 pCi/L. A gross alpha particle activity measurement may be substituted for the required uranium measurement provided that the measured gross alpha particle activity does not exceed 15 pCi/L. When a system uses a gross alpha particle activity measurement in lieu of a radium-226 and/or a uranium measurement, the gross alpha particle activity analytical result shall be used to determine the future monitoring frequency for radium-226 and/or uranium.

(j) If any sample result is less than the regulatory detection limit, zero shall be used. If the gross alpha particle activity result is less than the regulatory detection limit and is used in lieu of actual measurements for either radium-226 or uranium, then half the regulatory detection limit (1.5 pCi/L) shall be used.

(k) Use of Historical Data. Under the following conditions, data gathered between June 1, 2000 and December 8, 2003 for CWSs and between January 1, 1996 and December 31, 2015 for NTNCs, may be used to satisfy the requirement to monitor during the initial monitoring period described in paragraph 62-550.519(1)(b), F.A.C., above or may be used to allow a NTNC to go to reduced monitoring or waive the monitoring requirement altogether.

1. The water system shall have at least one sample result from every point of entry for gross alpha and radium-228;

2. The gross alpha result shall not exceed 15 pCi/L;

3. The system must either sample for radium-226 or may substitute the gross alpha value if it is less than 5 pCi/L. If the gross alpha particle activity result is less than the regulatory detection level of 3 pCi/L, half the detection level, that is 1.5 pCi/L, shall be used if substituting for radium-226; and

4. The combined value for radium-226 and radium-228 shall not exceed 5 pCi/L.

(2) Monitoring and Compliance Requirements for Beta Particle and Photon Radioactivity. These requirements only apply to community water systems. To determine compliance with the maximum contaminant levels in paragraph 62-550.310(6)(b), F.A.C., for beta particle and photon radioactivity, a CWS shall monitor at a frequency as follows:

(a) Community public water systems (both surface water and ground water) notified in writing by the Department as being vulnerable to such contamination shall sample for beta particle and photon radioactivity. Systems must collect quarterly samples for beta emitters and annual samples for tritium and strontium-90 at each entry point to the distribution system (hereafter called a sampling point), beginning within one quarter after being notified by the Department. Systems already designated by the Department must continue to sample until the Department reviews and either reaffirms or removes the designation.

1. If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at a sampling point has a running annual average (computed quarterly) less than or equal to 50 pCi/L (screening level), the Department shall reduce the frequency of monitoring at that sampling point to once every 3 years. Systems shall collect all samples required in paragraph (2)(a) above during the reduced monitoring period.

2. For systems in the vicinity of a nuclear facility, the Department may allow the community water system to use environmental surveillance data collected by the nuclear facility in lieu of monitoring at the system’s entry point(s), when the Department determines that such data is applicable to a particular water system. In the event that there is a release from a nuclear facility, systems that are using surveillance data shall begin monitoring at the community water system’s entry point(s) in accordance with paragraph (2)(a), above.

(b) Community water systems (both surface and ground water) designated by the Department as using waters contaminated by effluents from nuclear facilities shall sample for beta particle and photon radioactivity. Systems shall collect quarterly samples for beta emitters and iodine-131 and annual samples for tritium and strontium-90 at each entry point to the distribution system (hereafter called a sampling point), beginning within one quarter after being notified by the Department. Systems already designated by the Department as systems using waters contaminated by effluents from nuclear facilities shall continue to sample until the Department reviews and either reaffirms or removes the designation.

1. Quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or the analysis of a composite of three monthly samples. The former is recommended.

2. For iodine-131, a composite of five consecutive daily samples shall be analyzed once each quarter. As ordered by the Department, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water.

3. Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of four consecutive quarterly samples or analysis of four quarterly samples. The latter procedure is recommended.

4. If the gross beta particle activity beta minus the naturally occurring potassium-40 beta particle activity at a sampling point has a running annual average (computed quarterly) less than or equal to 15 pCi/L (screening level), the Department shall reduce the frequency of monitoring at that sampling point to every 3 years. Systems shall collect all samples required in paragraph (2)(b), above, during the reduced monitoring period.

5. For systems in the vicinity of a nuclear facility, the Department may allow the CWS to use environmental surveillance data collected by the nuclear facility in lieu of monitoring at the system’s entry point(s), when the Department determines that such data is applicable to a particular water system. In the event that there is a release from a nuclear facility, systems that are using surveillance data shall begin monitoring at the entry point(s) in accordance with paragraph (2)(b), above.

(c) Community water systems designated by the Department to monitor for beta particle and photon radioactivity can not apply to the Department for a waiver from the monitoring frequencies specified in paragraph (2)(a) or (2)(b), above.

(d) Community water systems may analyze for naturally occurring potassium-40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis. Systems are allowed to subtract the potassium-40 beta particle activity value from the total gross beta particle activity value to determine if the screening level is exceeded. The potassium-40 beta particle activity shall be calculated by multiplying elemental potassium concentrations (in mg/L) by a factor of 0.82.

(e) If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity exceeds the appropriate screening level, an analysis of the sample shall be performed to identify the major radioactive constituents present in the sample and the appropriate doses shall be calculated and summed to determine compliance with subparagraphs 62-550.310(6)(b)1. and 2., F.A.C. Doses shall also be calculated and combined for measured levels of tritium and strontium to determine compliance.

(f) Systems shall monitor monthly at the sampling point(s) that exceed the maximum contaminant level in paragraph 62-550.310(6)(b), F.A.C., beginning the month after the exceedance occurs. Systems shall continue monthly monitoring until the system has established, by a running average of 3 monthly samples, that the MCL is being met. Systems that establish that the MCL is being met shall return to quarterly monitoring until they meet the requirements set forth in paragraph (2)(a)1. or (2)(b)4., above.

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 1-1-93, Amended 7-4-93, Formerly 17-550.519, Amended 2-7-95, 11-27-01, 4-14-03, 11-28-04, 6-24-14.

Fla. Admin. Code R. 62-550.520 Secondary Contaminants Monitoring Requirements

(1) Analysis to determine compliance with Rule 62-550.320, F.A.C., shall be conducted by all community water systems and shall be repeated once each compliance period. Lime softening facilities may operate above 8.5 but less than or equal to 9.0 pH units without Department approval, and may operate above 9.0, but less than or equal to 10.0 pH units upon approval by the Department of a written demonstration by the water system that operating at the higher pH will not cause the treatment plant to suffer operational failures, that minimum disinfectant levels can be maintained throughout the distribution system, and that the system can remain in compliance with the lead and copper and microbiological provisions of Chapters 62-550 and 62-555, F.A.C. Subpart H systems or ground water systems that are required to demonstrate the effectiveness of their primary disinfection treatment process to meet Giardia lamblia or virus inactivation requirements shall operate within a pH range as specified for their disinfectant in the tables in Appendix E of the Guidance Manual adopted in subsection 62-555.335(1), F.A.C.

(2) If the results of an analysis indicate that the level of fluoride exceeds the secondary maximum contaminant level, the supplier of water shall notify the public pursuant to Rule 62-560.430, F.A.C., and take corrective action as approved by the Department pursuant to Rule 62-560.700, F.A.C.

(3) With the exception of pH, the system is in violation if the level of a secondary contaminant at any sampling point is greater than the secondary maximum contaminant level.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.853(1), (3), 403.861(16), (17) FS. History–New 11-19-87, Formerly 17-22.320, Amended 1-18-89, 5-7-90, 1-1-93, 7-4-93, Formerly 17-550.520, Amended 11-28-04, 2-26-25.

Fla. Admin. Code R. 62-550.521 Unregulated Contaminants Monitoring Requirements

If a sample analysis shows the presence of an unregulated contaminant, the supplier of water shall take a confirmation sample in accordance with subsection 62-550.500(6), F.A.C., and notify the Department within seven days after the result of the confirmation sample is received. If the presence of the contaminant is determined by the State Health Officer and the Department to constitute an unreasonable risk to health, corrective action, including additional monitoring, shall be taken by the supplier of water as approved by the Department, pursuant to Rule 62-560.700, F.A.C., based on the potential health risks of the contaminant level, the estimated time needed to take corrective action, and any other data known to the Department.

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), 403.861(16), (17) FS. History–New 1-1-93, Amended 7-4-93, Formerly 17-550.521, Amended 9-7-94, 2-7-95, 8-1-00.

Fla. Admin. Code R. 62-550.540 Monitoring of Consecutive Public Water Systems

(1) Consecutive systems shall conduct asbestos monitoring in their distribution systems in accordance with Rule 62-550.511, F.A.C.; shall conduct microbiological monitoring in their distribution systems in accordance with Rules 62-550.518 and 62-550.830, F.A.C.; shall comply with the lead and copper control requirements in Rule 62-550.800, F.A.C.; and shall conduct residual disinfectant monitoring at a remote point in their distribution systems in accordance with subsection 62-555.350(6), F.A.C., to verify that the minimum residual disinfectant concentration required by subsection 62-555.350(6), F.A.C., is being maintained throughout their distribution systems. In accordance with subparagraph 62-550.817(1)(b)2., F.A.C., consecutive systems that receive any finished water originating from a subpart H system shall comply with the distribution system residual disinfectant monitoring requirements in 40 CFR 141.74(c)(3) as adopted in subsection 62-550.817(2), F.A.C. Consecutive systems that add a chemical disinfectant to the water shall conduct residual disinfectant monitoring in accordance with subsection 62-550.514(1) and Rule 62-550.821, F.A.C., and shall conduct disinfection byproduct monitoring in accordance with subsection 62-550.514(2) and Rule 62-550.821, F.A.C. This subsection shall be effective on July 7, 2015.

(2) If you are a consecutive system that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, you must comply with monitoring requirements for chlorine and chloramines in 40 C.F.R. §141.132(c)(1) (which is incorporated by reference in Rule 62-550.821, F.A.C.) beginning April 1, 2009 (40 C.F.R. §141.624 (July 1, 2011)).

(3) The regulations in 40 C.F.R. Part 141, Subpart V (which is incorporated by reference in rule 62-550.822, F.A.C.), establish monitoring requirements for achieving compliance with maximum contaminant levels based on locational running annual averages for total trihalomethanes and haloacetic acids (five). You are subject to these requirements if your system is a community water system or a non-transient non-community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light (40 C.F.R. §141.620(a) and (b) (July 1, 2011)).

(4) Consecutive systems that treat or retreat a wholesale system’s finished water in a manner that could cause violation of any applicable primary or secondary standard in Part III of this chapter shall conduct additional monitoring or comply with additional requirements (i.e., monitoring or requirements in addition to the monitoring and requirements specified in subsection (1), above) when notified in writing by the Department to do so. Such additional monitoring or requirements shall be for the standard(s) in question and shall be consistent with the monitoring or requirements specified in this chapter for the standard(s) in question.

(5) Consecutive systems that have their own source(s) of raw water or that receive raw water from one or more other water systems shall monitor such water in accordance with Rules 62-550.500, 62-550.512, 62-550.513, 62-550.515, 62-550.516, 62-550.517, 62-550.519, 62-550.520, and 62-550.521, F.A.C.; the source water asbestos monitoring requirements under Rule 62-550.511, F.A.C.; and the raw water microbiological monitoring requirements under Rule 62-550.518, F.A.C.; and shall comply with any primary or secondary treatment technique requirements applicable to such water.

(6) Upon written approval by the Department, consecutive systems that receive all of their finished water from a single wholesale system may consolidate their monitoring requirements with those of the wholesale system or those of another interconnected consecutive system that receives all of its finished water from the same wholesale system. To obtain the Department’s approval, consolidating systems shall submit to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department the following:

(a) Documentation that interconnection of the systems justifies treating them as a single system for monitoring purposes;

(b) Written asbestos, residual disinfectant and disinfection byproducts, microbiological, or lead and copper sampling/monitoring plans, as applicable, for the consolidated system; and

(c) A written agreement between the systems establishing the following:

1. The one system that shall be solely accountable to the Department for compliance with applicable monitoring requirements and associated maximum contaminant levels, maximum or minimum residual disinfectant levels, treatment technique requirements, reporting requirements, public notification requirements, and recordkeeping requirements for the consolidated system; and

2. Each system’s responsibilities to the other for providing treatment, taking corrective action, monitoring, reporting, notifying the public, and keeping records.

(7) Consecutive systems that receive any finished water originating from a subpart H system shall comply with the disinfectant residual monitoring requirements of subparagraph 62-550.817(1)(b)2., F.A.C.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 11-19-87, Formerly 17-22.340, Amended 1-18-89, 1-1-93, Formerly 17-550.540, Amended 11-27-01, 10-14-04, 11-28-04, 12-30-11, 7-7-15.

Fla. Admin. Code R. 62-550.550 Certified Laboratories and Analytical Methods for Public Water Systems

(1) For the purpose of determining compliance with standards and monitoring requirements other than those mentioned in subsection (2), below, samples shall be considered acceptable only if they have been analyzed by a laboratory certified in drinking water by the Department of Health to perform such drinking water analyses with the exception that measurements for alkalinity, bromide, calcium, chlorite at entrances to distribution systems, orthophosphate, silica, specific ultraviolet absorbance, or total organic carbon may be performed by operators licensed under Chapter 62-602, F.A.C., or by persons under the direct supervision of a licensed operator, and measurements for conductivity, disinfectant residual, pH, temperature, or turbidity may be performed by operators licensed under chapter 62-602, F.A.C., by persons under the direct supervision of a licensed operator, or by any authorized representative of the Department. Approved analytical methods shall be used and are contained in the July 1, 2014, edition of 40 C.F.R. §§141.21, 141.23, 141.24, 141.25, 141.27, 141.74, 141.89, 141.131, 141.402, 141.704, 141.852, and 143.4 and Appendix A to 40 C.F.R. Part 141, Subpart C (http://www.flrules.org/Gateway/reference.asp?No=Ref-05592), all of which are incorporated herein by reference. Use of an alternative analytical technique requires written permission from the Department and the U.S. Environmental Protection Agency. The use of DPD colorimetric test kits to measure residual chlorine, chloramine, or chlorine dioxide concentration is approved. This subsection shall be effective on July 7, 2015.

(2) Measurements for residual disinfectant to demonstrate that TTHM and HAA5 samples were taken under normal operating conditions (see subsection 62-550.821(4), F.A.C.) and measurements for disinfectant residual to determine compliance with the operational requirements in subsection 62-555.350(6), F.A.C., may be performed by any authorized representative of the supplier of water or the Department; but measurements for residual chlorine shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, as incorporated into Rule 62-160.800, F.A.C., and all other measurements shall be performed using an appropriate method referenced in subsection (1), above. Measurements for alkalinity, dissolved iron, dissolved oxygen, pH, total sulfide, or turbidity to evaluate treatment for control of copper pipe corrosion and black water (see subsection 62-555.315(5), F.A.C.) may be performed by any authorized representative of the construction permit applicant or supplier of water; but measurements for pH and field measurements for dissolved oxygen or turbidity shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, as incorporated into Rule 62-160.800, F.A.C., and all other measurements shall be performed using an appropriate method referenced in subsection (1), above, or in Standard Methods for the Examination of Water and Wastewater as adopted in Rule 62-555.335, F.A.C. Measurements for residual chlorine when taking bacteriological survey or evaluation samples (see paragraphs 62-555.315(6)(b) and (c), F.A.C., and subsection 62-555.340(2), F.A.C.) may be performed by any authorized representative of the permittee, supplier of water, or Department, but shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, as incorporated into Rule 62-160.800, F.A.C. Daily measurements for fluoride concentration at water treatment plants fluoridating water (see paragraph 62-555.325(3)(a), F.A.C.) may be performed by any authorized representative of the supplier of water but shall be performed using an appropriate method referenced in subsection (1), above. Measurements for disinfectant residual, pH, or temperature to determine compliance with the operational requirements under subsection 62-555.350(5), F.A.C., may be performed by any authorized representative of the supplier of water or Department; but measurements for residual chlorine, temperature, or pH shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, as incorporated into Rule 62-160.800, F.A.C., and all other measurements shall be performed using an appropriate method referenced in subsection (1), above, or in Standard Methods for the Examination of Water and Wastewater as adopted in Rule 62-555.335, F.A.C.

(3) The Department may take samples and use the results to determine compliance with the applicable requirements of this chapter or Chapter 62-555, F.A.C.

(4) Compositing of Samples.

(a) A public water system may reduce the total number of samples that must be analyzed pursuant to Rules 62-550.511, 62-550.512, 62-550.513, 62-550.515, 62-550.516, and 62-550.519, F.A.C., by the use of compositing. No more than two samples shall be combined into one composite sample when analyzing for antimony or thallium, which are listed in Table 1, or for any of the volatile organic contaminants listed in Table 4, or for ethylene dibromide (EDB), which is listed in Table 5. No more than three samples shall be combined into one composite sample when analyzing for toxaphene, which is listed in Table 5. No more than four samples shall be combined into one composite sample when analyzing for cyanide, which is listed in Table 1. No more than five samples shall be combined into one composite sample when analyzing for the other contaminants in the other groups.

(b) Compositing shall be done only by certified laboratories using the approved methods referenced in subsection (1), above. All samples, except those taken for radionuclides, shall be analyzed within 14 days of collection.

(c) If the population served by the system is greater than 3,300 persons, then compositing is only permitted at sampling points within a single system. For systems serving 3,300 or fewer persons, compositing among different systems is permitted provided the 5 sample limit is maintained.

(d) Resampling After a Detection of a Contaminant in a Composite Sample.

1. A follow-up sample shall be taken within 14 days from each source and sampling point included in the composite. Each of the samples shall be analyzed individually for the detected contaminant.

2. If duplicates of the original sample for volatile or synthetic organic contaminants are available, the system may use these duplicates instead of resampling. If a duplicate is used, it shall be analyzed for the detected contaminant within 14 days of collection.

(e) Compositing of no more than two samples from new wells for the purpose of obtaining clearance is allowed.

History

• Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), 403.861(16), (17) FS. History–New 11-19-87, Formerly 17-22.350, Amended 1-18-89, 5-7-90, 1-3-91, 1-1-93, 1-26-93, Formerly 17-550.550, Amended 9-7-94, 2-7-95, 8-1-00, 11-27-01, 4-14-03, 11-28-04, 9-18-07, 12-30-11, 7-7-15.

Fla. Admin. Code R. 62-550.560 Monitoring Requirements for Surface Water Systems and Ground Water Systems Under the Direct Influence of Surface Water

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), 403.861(16), (17) FS. History–New 1-3-91, Amended 1-1-93, Formerly 17-550.560, Repealed 4-3-03.

Fla. Admin. Code R. 62-550.590 Public Water System Monitoring Information and Monitoring Schedule

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), 403.861(16), (17) FS. History–New 1-18-89, Amended 1-3-91, 1-1-93, Formerly 17-550.590, Amended 9-7-94, 8-1-00, 11-27-01, Repealed 2-16-12.

Fla. Admin. Code R. 62-550.700 General

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.852, 403.853, 403.855, 403.858 FS. History–New 1-18-89, Formerly 17-550.700, Repealed 12-9-96.

Fla. Admin. Code R. 62-550.710 Surveillance

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.853(12), 403.853(3), 403.855, 403.858 FS. History–New 11-19-87, Formerly 17-22.810, Amended 1-18-89, Formerly 17-550.710, Repealed 12-9-96.

Fla. Admin. Code R. 62-550.720 Recordkeeping

Suppliers of water shall retain on their premises, or at a convenient location near their premises, the following records:

(1) Records of microbiological analyses and turbidity analyses made pursuant to the chapter shall be kept for not less than 5 years (40 C.F.R. §141.33(a) (July 1, 2011)). Records of other physical, chemical, or radiological analyses made under any portion of this chapter other than Rule 62-550.800, F.A.C., (including records of chemical analyses to determine compliance with maximum residual disinfectant levels) shall be kept for not less than 10 years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the information required in Rule 62-550.730, F.A.C., is included.

(2) Records of action taken by the system to correct a violation of primary drinking water regulations shall be kept for a period not less than 3 years after the last action taken with respect to the particular violation involved.

(3) Copies of any written reports, summaries, or communications relating to cross-connection control program or sanitary surveys of the system conducted by the system itself, by a private consultant, or by any local, State or Federal agency, shall be kept for a period not less than 10 years after completion of the sanitary survey.

(4) Records concerning a variance or exemption granted to the system shall be kept for a period ending not less than 5 years following the expiration of the variance and exemption.

(5) Monthly operation reports shall be kept for a period of not less than 10 years.

(6) Any system subject to the requirements of Rule 62-550.800, F.A.C., shall retain, for no fewer than 12 years, original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, Department determinations, and any other information required by Rule 62-550.800, F.A.C.

(7) Copies of monitoring plans developed pursuant to this chapter shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under subsection (1) of this section, except as specified elsewhere in this chapter (40 C.F.R. §141.33(f) (July 1, 2011)).

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.861(16) FS. History–New 11-19-87, Formerly 17-22.820, Amended 1-18-89, 1-1-93, 7-4-93, Formerly 17-550.720, Amended 11-27-01, 11-28-04, 12-30-11.

Fla. Admin. Code R. 62-550.730 Reporting Requirements for Public Water Systems

Suppliers of water and DOH-certified laboratories shall report as follows:

(1) Suppliers of Water.

(a) Except where a shorter reporting period is specified in this chapter, the suppliers of water shall report to the appropriate District office of the Department or Approved County Health Department the results of the test measurement or analysis required by this chapter within the first ten days following the end of the required monitoring period as designated by the Department, or the first ten days following the month in which the sample results were received, whichever time is shortest.

(b) The supplier of water shall use the format described in subparagraphs 1. through 9. below for reporting all water analysis results for inorganics, disinfectant residuals at microbiological or disinfection byproduct sampling points, disinfection byproducts, volatile or synthetic organics, microbiological contaminants, radionuclides, or secondary contaminants. Example laboratory reporting formats can be obtained by writing to the Department of Environmental Protection, Drinking Water Section, MS #3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or by visiting the Department’s Internet site at http://www.dep.state.fl.us/water/drinkingwater/forms.htm. The supplier of water shall completely fill out analysis reports in non-erasable ink, on a typewriter, or using a computer generated report and shall include, at a minimum, the following information:

1. Facility name and PWS I.D. number – The complete, unabbreviated facility name is required. The correct, seven digit PWS I.D. number assigned by DEP shall also be clearly written.

2. Address and county – The water system’s legal address (plant location) shall be completely filled out along with the name of the county where the water system is located.

3. Collector’s name and title – The collector’s name and job title shall be included, along with a business phone number.

4. Date and time of collection – A complete date (month, day, and year) and sampling time (including a.m. or p.m.) shall be included in order to calculate sample holding time. The results from samples exceeding the appropriate holding time for the contaminant before analysis (for example, thirty hours for bacteriological samples) shall be rejected by the Department as not reliable.

5. Type of water system. The sample form shall clearly show if the water system is a community, transient non-community, or non-transient non-community water system.

6. Raw or treated – The sample form shall indicate if the samples were collected from raw or treated water. If samples from both water types are included on the form, they shall be clearly labeled from which type of water each sample was taken.

7. Sample type – The sample form shall clearly show if the sample was taken for compliance, recheck, main clearance, well survey, inter-agency agreement, or other purposes. If “other” is marked, the purpose for taking the sample shall be stated (e.g., complaint, quality control, special, etc.).

8. Sample location – Samples shall be taken at valid sampling locations as described in subsection 62-550.500(5), F.A.C. Legal addresses, or the best descriptions possible, shall be given for each sampling point.

9. Field analyses for disinfectant residual – The analyzer’s name, as well as the analysis result, shall be included for each disinfectant residual analysis at a microbiological or disinfection byproduct sampling point. Additionally, the analyzer’s qualifications and the analytical method shall be included for each analysis used to determine compliance with disinfectant residual standards (i.e., for each disinfectant residual analysis at a point where a routine or repeat sample is taken to determine whether a community or non-transient non-community water system is in compliance with microbiological standards).

(c) Analysis results not reported in the format specified in paragraph 62-550.730(1)(b), F.A.C., or reported on formats that are not completely, clearly, and correctly filled out by the supplier of water and the laboratory shall be invalid. The Department District Office or Approved County Health Department shall reject invalid analytical results and return the reports to the supplier of water within 7 days. The supplier of water shall then resubmit the analysis report with the corrected information within 5 days.

(d) The supplier of water shall submit monthly operation reports as specified in subsections 62-555.900(2) through (4), F.A.C., to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department within 10 days after the month of operation.

(e) The supplier of water shall report to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department within 48 hours (unless otherwise specified by the chapter) the failure to comply with any drinking water rule contained in Parts III, V, or VIII of this chapter, or Part IV of Chapter 62-560, F.A.C. When compliance is achieved, the measures taken shall be reported to that office.

(f) The supplier of water is not required to report analytical results to the Department in cases where a Department of Health laboratory performs the analysis and reports the results to the Department.

(g) Copies of any written reports, summaries, or communications relating to sanitary surveys of the system conducted by the system itself, by a private consultant, or by any local or Federal agency, shall be submitted to the appropriate Department District Office or the appropriate Approved County Health Department within 15 days of receipt by the supplier of water of the information.

(h) The supplier of water, within ten days of completion of each public notification requirement pursuant to Part IV of Chapter 62-560, F.A.C., shall submit to the Department a completed DEP Form 62-555.900(22), Certification of Delivery of Public Notice, and include with the form a representative copy of each type of notice distributed, published, posted, and made available to the persons served by the system and the media.

(i) Upon request, the supplier of water shall submit to the Department within the time stated in the request, copies of any records required to be maintained under Rule 62-550.720, F.A.C., or copies of any document which the Department is entitled to inspect.

(2) Certified Laboratories.

(a) A certified laboratory shall report analysis results for inorganics, disinfectant residuals at microbiological or disinfection byproduct sampling points, disinfection byproducts, volatile or synthetic organics, microbiological contaminants, radionuclides, or secondary contaminants to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department in a format that includes all of the information described in subparagraphs 1. through 7. below. If lab analysis results are not submitted using the specified format, the results will be rejected. The information submitted by the certified laboratory shall include, at a minimum, the following information:

1. Laboratory name – The complete, unabbreviated laboratory name is required. If the analytical work was subcontracted out to another certified laboratory, the subcontracting laboratory name shall also be included.

2. Laboratory certification number – The correct, five digit lab certification number, assigned by DOH, shall be clearly identified for the services provided. Any subcontracting laboratory certification numbers shall also be identified for the services provided. The proper certification number for the services provided shall be included, such as when a laboratory that performs radiological analyses has a different certification number from a laboratory that performs other analyses, and both laboratories have the same owner and address.

3. Date and time of the beginning of the analysis – A complete date (month, day, and year) and time of the beginning of the analysis (including a.m. or p.m.) shall be included in order to calculate sample holding time. Results from samples exceeding the appropriate holding time for the contaminant before analysis (for example, thirty hours for bacteriological samples) shall not be accepted as reliable and shall be rejected by the Department.

4. Name, title, and business phone number of the laboratory contact person.

5. Detection limits and analytical methods – The analytical method for each bacteriological analysis, the analytical method for each disinfectant residual analysis used to determine compliance with disinfectant residual standards (i.e., for each disinfectant residual analysis at a point where a routine or repeat sample is taken to determine whether a community or non-transient non-community water system is in compliance with microbiological standards), and the actual detection limit and analytical method for each chemical or radiological analysis shall be included.

6. Analysis results – For bacteriological analyses, only the presence or absence of the contaminant need be reported. For chemical or radiological analyses, any value above the detection limit shall be reported as a real number; only reporting that a value is below the maximum contaminant level is insufficient.

7. Analysis error – The analysis error for each radiological analysis shall be included to determine compliance with the standards in this chapter.

(b) All certified laboratories shall report the chemical analysis results by using the name of the contaminant as given in Part III of this chapter. Different isomers of a contaminant shall be reported separately. If a laboratory reports a result for a contaminant not listed in part III of this chapter, the name of the contaminant and its isomers shall be given using I.U.P.A.C. (International Union of Pure and Applied Chemistry) nomenclature.

(c) Analytical results not reported in the format specified in paragraph 62-550.730(2)(a), F.A.C., or reported on formats that are not completely, clearly, and correctly filled out by the certified laboratory as described in paragraphs (a) and (b), are invalid. The Department or Approved County Health Department shall reject all invalid analytical results and return the reports to the supplier of water within 7 days of receipt. The supplier of water shall then resubmit the analysis reports with the corrected information within 5 days.

(d) The Department shall not be responsible for any costs incurred when requiring a supplier of water to resample for invalid analytical results.

(3) Additional Reporting Formats for Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors and Enhanced Coagulation or Enhanced Softening. See subsection 62-550.821(12) and Rule 62-550.822, F.A.C.

(4) Reporting Formats for the Control of Lead and Copper. Analytical results for samples taken pursuant to this chapter shall be reported in a format that includes all of the required information described below. If laboratory analysis reports are submitted without all of the required information as set forth below, the submittal will be rejected.

(a) Lead and Copper Tap Samples. The information submitted by the certified laboratory for the analysis of lead and copper tap samples shall include, at a minimum:

1. System name.

2. Public water system identification number.

3. Laboratory name. The complete unabbreviated laboratory name is required. If the analytical work was subcontracted out to another certified laboratory, the subcontracting laboratory name shall also be included.

4. Laboratory certification number. The correct five digit laboratory certification number as assigned by the Department of Health shall be clearly identified for the services provided. Any subcontracting laboratory’s certification number shall also be submitted for the services provided.

5. Contact person. Name and title of the laboratory contact person.

6. Telephone number.

7. Date samples were submitted to the laboratory.

8. Analysis date.

9. Analytical method used.

10. Method detection limit.

11. Specify whether the sample is part of the minimum number of samples selected under 40 C.F.R. §141.86(c) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., or is an ADDITIONAL sample taken under 40 C.F.R. §141.86(e) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C.

12. Specify the rank of the sample result for lead or copper and list results in ascending order in accordance with 40 C.F.R, §141.80(c)(3)(i) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C.

13. Specify the location code of the sample. This number is the same as that reported on Form 62-555.900(12). It is a three digit identification number followed by the tier number of the site.

14. The laboratory sample identification number.

15. The date the site was sampled.

16. The concentration of lead or copper in milligrams per liter.

17. The 90th percentile value of lead or copper.

18. The laboratory’s authorized representative shall certify that the samples were submitted by the listed public water system; each sample container contained one liter of solution (± 100 mL); each sample was taken and analyzed by the methods in subsection 62-550.550(1), F.A.C.; the sample date for each sample was reported; and all data submitted are correct.

(b) Lead and Copper Source Water Samples. Certified laboratories shall report in the format specified in paragraph 62-550.730(2)(a), F.A.C., when reporting the results for lead or copper source water samples or lead service line samples.

(c) Reporting Formats for Water Quality Parameters. The results submitted by systems for the analysis of water quality parameters required under 40 C.F.R. §141.87 (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C., shall be reported in the following format:

1. Format Header.

a. System name.

b. System type.

c. Public water system identification number.

d. Name of system contact person.

e. Contact telephone number.

f. Population interval letter value.

g. Monitoring period dates.

h. Water quality parameter sampling round value which will be either the first or second sampling round of the reported sampling period.

i. The number of sampling sites required under 40 C.F.R. §141.87(a)(2) (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C.

j. The number of sites reported.

2. Format Table.

a. Each sampling site location identification number corresponding to the identification number reported in Part VI of DEP Form 62-555.900(12).

b. The sampling date for each reported sample.

c. The measured value of the water quality parameters and dosage rates required to be analyzed under 40 C.F.R. §141.87 (July 1, 2011), which is incorporated by reference in Rule 62-550.800, F.A.C.

History

• Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.852(12), (13), 403.853(3), 403.861(16), (17) FS. History–New 11-19-87, Formerly 17-22.830, Amended 1-18-89, 1-3-91, 1-1-93, Formerly 17-550.730, Amended 9-7-94, 2-7-95, 12-9-96, 8-1-00, 11-27-01, 4-3-03, 11-28-04, 1-17-05, 12-30-11.

Fla. Admin. Code R. 62-550.740 Location of Records

History

• Rulemaking Authority 403.861(9), (16), (17) FS. Law Implemented 403.101, 403.853(3), (4) FS. History–New 11-19-87, Formerly 17-22.835, Amended 1-18-89, Formerly 17-550.740, Repealed 12-9-96.

Fla. Admin. Code R. 62-550.800 Control of Lead and Copper

The requirements contained in the July 1, 2011, edition of 40 C.F.R. Part 141, Subpart I (Sections 80 through 91) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00899), are adopted and incorporated herein by reference and are enforceable under this rule. The following are clarifications to the requirements in 40 C.F.R. Part 141, Subpart I (Sections 80 through 91).

(1) The term “State” shall mean “Department.”

(2) The Department shall not allow the option in 40 CFR 141.85(b)(3)(iv) that allows an extension of the activities beyond the 60 day requirement stated in 40 CFR 141.85(b)(2).

(3) The Department shall not allow the option in 40 CFR 141.85(b)(5) that allows an extension of the activities beyond the 60 day requirement stated in 40 CFR 141.85(b)(4).

(4) To fulfill the noticing requirements in 40 CFR 141.90(f)(2)-(3), the Department hereby adopts and incorporates Form 62-555.900(16), PWS Certification of Notification of Lead and Copper Tap Sample Results, (10-1-10), and Form 62-555.900(17), Lead Public Education Program Report for PWSs, (10-1-10). These forms are available as described in Rule 62-555.900, F.A.C.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853 FS. History–New 12-9-96, Amended 8-1-00, 11-27-01, 10-1-10, 12-30-11.

Fla. Admin. Code R. 62-550.817 Additional Requirements for Subpart H Surface Water Systems

The requirements for subpart H systems in this section apply to all subpart H systems except where noted in this section and are in addition to the requirements applicable to all public water systems found elsewhere in Chapters 62-550, 62-555, and 62-560, F.A.C. Subparagraph 62-550.817(1)(b)2. and paragraphs 62-550.817(11)(e) and 62-550.817(13)(b), F.A.C., apply only to consecutive systems that receive any finished water originating from a subpart H system. In addition to the requirements of this section, the standards and criteria contained in the regulations adopted in subsections 62-550.817(1), (2), (3), and (4), F.A.C., are adopted by reference and enforceable under these rules. A subpart H system is considered to be in compliance with the requirements of this section if it meets all the requirements set forth in this section. A subpart H system is considered to be out of compliance with the requirements of this section if it does not meet all the requirements set forth in this section.

(1) Scope of Requirements.

(a) These rules are intended to implement the National Primary Drinking Water Regulations related to the disinfection and filtration of surface water and ground water under the direct influence of surface water, and the recycle of fluids referenced in 40 C.F.R. §141.76(a) (July 1, 2011), which is incorporated by reference in subparagraph 62-550.817(1)(a)2., F.A.C., by subpart H systems that employ conventional filtration or direct filtration treatment.

1. Filtration and disinfection are best available treatment techniques for the removal or inactivation of pathogens in lieu of establishing a maximum contaminant level for the following contaminants: Cryptosporidium, Giardia lamblia, viruses, heterotrophic plate count (HPC) bacteria, Legionella, and turbidity. Subpart H systems shall provide treatment for the part(s) of their source water that is surface water, advanced treated water, or ground water under the direct influence of surface water. Such treatment shall comply with the treatment technique requirements found in paragraph 62-550.817(2)(b), F.A.C., in lieu of maximum contaminant levels for Cryptosporidium, Giardia lamblia, viruses, HPC bacteria, Legionella, and turbidity.

2. Recycle provisions. In addition to the requirements of this chapter, the standards and criteria contained in the July 1, 2014, edition of 40 C.F.R. §141.76 (http://www.flrules.org/Gateway/Reference.asp?No=Ref-05603) are adopted by reference and enforceable under this rule. This subsection shall be effective on July 7, 2015.

(b) For purposes of the requirements of this section:

1. The number of persons served by a wholesale system includes the number of persons served by the consecutive systems that receive finished water from the wholesale system; and

2. Consecutive systems that receive any finished water originating from a subpart H system are considered subpart H systems for the purpose of demonstrating compliance with the distribution system disinfection residual maintenance requirements of 40 CFR 141.72(b)(3)(i), adopted in subsection 62-550.817(2), F.A.C., the monitoring requirements of subsection 62-550.817(11), F.A.C., and the reporting requirements of subsection 62-550.817(13), F.A.C.

3. When using Form 62-555.900(2) (the Monthly Operation Report or MOR form) to calculate CT and other values, input data and output data must be within the ranges provided in the MOR form in order to be valid.

4. To determine compliance with the following standards for removal or inactivation, actual log-inactivation due to disinfectants shall be rounded to the same number of significant figures as the standards: 2.0 log Cryptosporidium, 3.0 log Giardia lamblia, and 4.0 log viruses.

(2) Filtration and Disinfection. In addition to the requirements of this chapter, the standards and criteria contained in the July 1, 2014, edition of 40 C.F.R. §§141.13, 141.22, 141.70(a), 141.70(b)(2), 141.70(c), 141.70(d), 141.70(e), 141.71(b)(6), 141.72, 141.72(a), 141.72(b)(1), 141.72(b)(2), 141.72(b)(3)(i), 141.73, 141.74, and 141.75 (http://www.flrules.org/Gateway/Reference.asp?No=Ref-05603) are adopted by reference and enforceable under this rule. However, 40 C.F.R. §141.72(b)(3)(ii) is not adopted. This subsection shall be effective on July 7, 2015.

(a) The following are clarifications and additions to the regulations adopted in subsection 62-550.817(2), F.A.C.

1. The method used to determine which ground water systems are under the direct influence of surface water (UDI) is described in chapter 2 of the Guidance Manual for Compliance With the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources, adopted in subsection 62-555.335(1), F.A.C., and implemented in subsection 62-550.517(2), F.A.C.

2. No later than 18 months after the Department has determined that a ground water system is under the influence of surface water as described in subsection 62-550.517(2), F.A.C., the system shall comply with the filtration requirements of 40 CFR 141.73. No later than 6 months after the Department determination pursuant to subparagraph 1. above, the system shall comply with the interim disinfection treatment technique described in sub-subparagraphs a., b., and c., below. “Interim” refers to the period between Department determination that the system is UDI and the start of compliance with the filtration requirements of 40 CFR 141.73.

a. Interim disinfection treatment requirements shall be in accordance with 40 CFR 141.72(a).

b. Interim monitoring requirements shall be in accordance with 40 CFR 141.74(b).

c. Interim reporting requirements shall be in accordance with 40 CFR 141.75(a).

3. Starting no later than the end of the interim period and continuing as long as the systems remain subpart H systems, subpart H systems shall provide treatment consisting of both disinfection and filtration treatment which complies with the requirements of 40 CFR 141.72(b) and 141.73, respectively.

(b) Treatment Techniques.

1. The treatment technique requirements consist of installing and properly operating filtration and disinfection water treatment processes that reliably achieve:

a. At least 99.9 percent (3-log) removal or inactivation of Giardia lamblia between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream, before or at taps providing water for human consumption; and

b. At least 99.99 percent (4-log) removal or inactivation of viruses between a point where the raw water is not subject to recontamination by surface water runoff or, after December 31, 2005, exposed during treatment to the open atmosphere and a point downstream, before or at taps providing water for human consumption. For the purposes of subsection 62-550.817(2), F.A.C., aerators and other facilities that are protected against contamination from birds, insects, wind borne debris, rainfall, and drainage are not considered to be exposing water to the open atmosphere and possible viral contamination.

2. Log-removal credit through filtration. The Department shall determine if a system is well-operated based on monthly operation report records, sanitary survey and compliance inspection results, CPE results, and any other relevant information. Well-operated filtration treatment plants are given the following log-removal credit:

Filtration Type

Log-Removal Credit for the Removal of

Giardia lamblia

Viruses

Conventional

2.5

2.0

Direct

2.0

1.0

Slow Sand

2.0

2.0

Diatomaceous Earth

2.0

1.0

3. Systems with significant deficiencies related to the treatment process as noted in one or more of the reports listed in subparagraph 62-550.817(2)(b)2., F.A.C., shall not receive the log-removal credits shown in subparagraph 62-550.817(2)(b)2., F.A.C., without Department approval. The Department will notify such systems in writing of any Department-assigned log-removal credits which are lower than the credits shown in subparagraph 62-550.817(2)(b)2., F.A.C. The Department will assign reductions in log-removal credits according to the criteria in the “Compliance Manual for Subpart H systems,” June 2004 edition, incorporated herein by reference.

4. Minimum disinfection log-inactivation effectiveness requirements pursuant to 40 CFR 141.72(b)(1). The determination of log-removal/inactivation effectiveness achieved, specific to the system operating conditions, shall be made using the methods in subsections (6) and (7), below.

a. Systems providing conventional filtration treatment in compliance with Rule 62-550.817, F.A.C., shall provide sufficient disinfection to achieve a minimum of 0.5-log Giardia lamblia cyst and 2-log virus inactivation to supplement filtration.

b. Systems providing slow sand filtration treatment in compliance with Rule 62-550.817, F.A.C., shall provide sufficient disinfection to achieve a minimum of 1-log Giardia lamblia cyst and 2-log virus inactivation to supplement filtration.

c. Systems providing direct and diatomaceous earth filtration treatment in compliance with Rule 62-550.817, F.A.C., shall provide sufficient disinfection to achieve a minimum of 1-log Giardia lamblia cyst and 3-log virus inactivation to supplement filtration.

d. Systems providing reverse osmosis, ultrafiltration, or nanofiltration shall provide sufficient disinfection to achieve a minimum of 0.5-log Giardia lamblia cyst and 2-log virus inactivation to supplement membrane filtration treatment.

e. Systems shall be deemed to meet the requirements of subparagraph 62-550.817(2)(b)4., F.A.C., by

(I) Determining CTcalc,

(II) Estimating log-inactivation for the CTcalc for Giardia lamblia and viruses, and

(III) Showing that 95% of the daily measurements taken each month meet or exceed the minimum log-inactivation disinfection requirements set forth in sub-subparagraphs 4.a. through d. above. Estimates of log-inactivation levels shall be rounded to two significant figures.

f. A violation of the requirement set forth in sub-sub-subparagraph 62-550.817(2)(b)4.e.(III), F.A.C., above is a treatment technique violation.

g. If, in any daily measurement, log-inactivation levels are insufficient to meet the requirements of sub-subparagraphs 62-550.817(2)(b)4.a. through d., F.A.C., above, the operator shall take immediate steps to increase disinfection levels.

(3) Enhanced filtration and disinfection requirements.

(a) For subpart H systems serving 10,000 or more people.

1. In addition to the requirements of this chapter, the requirements contained in the July 1, 2011 edition of the Code of Federal Regulations, Title 40, Part 141, Subpart P, Sections 170 and 172 through 175 (http://www.flrules.org/Gateway/Reference.asp?No=Ref-00904) are adopted by reference and enforceable under this rule. 40 C.F.R. §141.171 is not adopted under this rule.

2. Treatment technique requirements further consist of installing and properly operating water treatment processes which reliably achieve at least a 99 percent (2-log) removal or inactivation of Cryptosporidium between a point where the raw water is not subject to recontamination by surface water and a point downstream, before or at taps providing water for human consumption.

(b) For subpart H systems serving fewer than 10,000 people. In addition to the requirements of this chapter, the requirements contained in the July 1, 2011, edition of the Code of Federal Regulations, Title 40, Part 141, Subpart T, Sections 141.500 through 141.501, 141.503, 141.510 through 141.511, 141.530, 141.532 through 141.536, 141.540 through 141.544, 141.550 through 141.553, 141.560 through 141.564, and 141.570 through 141.571, (http://www.flrules.org/Gateway/Reference.asp?No=Ref-00905) are adopted by reference and enforceable under this rule. 40 C.F.R. §§141.502, 141.520 through 141.522 and 141.531, and 40 C.F.R. §142.16(j)(2)(i) are not adopted under this rule.

(4) Enhanced Treatment for Cryptosporidium (Long Term 2 Enhanced Surface Water Treatment Rule). In addition to the requirements of this chapter, the requirements contained in the July 1, 2011, edition of the Code of Federal Regulations, Title 40, Part 141, Subpart W, Sections 141.700 through 141.723 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00906) are adopted by reference and enforceable under this rule, except the following regulations are not adopted under this rule: 40 C.F.R. §§141.700(b)(3), 141.701(a)(2), 141.701(a)(5), 141.701(a)(6), 141.701(d)(2), 141.703(b)(2), 141.712, 141.713(b), 141.713(e), 141.715(a)(2), 141.720(d)(2)(iii), and 141.721(d).

(5) Sanitary Surveys and Other Inspections.

(a) Sanitary survey corrective action pursuant to 40 CFR 142.16(b)(1)(ii) and (iii). A subpart H public water system must take the necessary steps to address deficiencies identified in sanitary survey reports required under 40 CFR 142.16(b)(3), if such deficiencies are within the control of the system.

(b) Systems shall respond in writing no later than within 45 days after the receipt of a written report of:

1. A sanitary survey outlining significant deficiencies required under paragraph 62-550.817(5)(a), F.A.C., above. Systems shall indicate how and on what schedule the system will address significant deficiencies noted in the survey, and

2. A sanitary survey, CPE evaluation, or an inspection referenced in paragraph 62-550.817(5)(a), F.A.C., below, indicating how and on what schedule the system will undertake the filter backwash recycle modifications noted.

(c) A subpart H public water system shall take the necessary steps to correct any failure to follow the filter backwash recycling treatment technique requirements of 40 CFR 141.76(c).

(6) Composite Correction Program. A composite correction program (CCP) consists of a comprehensive performance evaluation (CPE) and a comprehensive technical assistance (CTA) program. CCPs and CPEs are described in Optimizing Water Treatment Plant Performance Using the Composite Correction Program, 1998 Edition, Environmental Protection Agency, Technical Support Center, Standards and Risk Management Division, Office of Ground Water and Drinking Water, Office of Water, Cincinnati, Ohio, hereby adopted and incorporated by reference.

(a) Pursuant to 40 CFR 142.16(g), subpart H systems that are out of compliance with the treatment technique requirements of this section shall conduct a CPE within ninety days after the receipt of written notification by the Department that such a program is necessary.

(b) Who Conducts the CPE. The CPE shall be conducted by the Department or a third party familiar with the operation of the plant such as a certified operator or a professional engineer. The person or entity conducting the CPE is called the CPE Team. The CPE Team must be approved by the Department. The Department will approve CPE Teams that have:

1. All members with experience participating in the conduct of at least three CPEs, and

2. No conflict of interest.

(c) System Response to Identified Improvements. A subpart H system must respond in writing to the recommendations of the CPE report no later than 45 days after receipt of the report, indicating how and on what schedule the system will address improvements identified in the CPE.

(d) Comprehensive Technical Assistance (CTA) Program.

1. Pursuant to 40 CFR 142.16(g)(1) and (j)(1), the Department will, as a part of its conduct or review of a CPE, determine if a system is required to participate in a Comprehensive Technical Assistance (CTA) Program. This written determination shall be based on:

a. Results of a CPE which indicate the potential for improved performance, and

b. A finding by the Department that the system is able to receive and implement technical assistance provided through the CTA program.

2. During the CTA phase of the CPE, the system must identify and systematically address factors limiting performance. The CTA is a combination of utilizing CPE results as a basis for follow-up, implementing process control priority-setting techniques, and maintaining long-term involvement to systematically train staff and administrators.

(e) Corrective Action. A subpart H system must take the necessary steps to implement the recommendations of the CPE, required under paragraphs (a), (b), and (d), above, if such recommendations are within the control of the system.

(7) Determination of log-removal/inactivation effectiveness achieved for Giardia lamblia through filtration and disinfection. Pursuant to the requirements of 40 CFR 141.74(b)(3), the procedures incorporated in Form 62-555.900(2) shall be used to calculate the log-inactivation effectiveness achieved through the use of the following disinfectants: free chlorine, chlorine dioxide, ozone, and chloramines.

(8) Determination of log-removal/inactivation effectiveness achieved for viruses through filtration and disinfection. Pursuant to the requirements of 40 CFR 141.172(b)(5), the procedures incorporated in DEP Form 62-555.900(2), which are based on the methods found in the guidance manual adopted as subsection 62-555.335(1), F.A.C., shall be used to calculate the log-inactivation effectiveness achieved for viruses when free chlorine, chlorine dioxide, chloramines or ozone, are used as a primary disinfectant. The log-inactivation effectiveness of UV light shall be evaluated using the methods outlined in paragraph (e), below.

(a) Free Chlorine. The procedures incorporated in DEP Form 62-555.900(2), which are based on Table E-7 of the guidance manual adopted as subsection 62-555.335(1), F.A.C., shall be used for the calculation of CT99.99 to effect the required log-inactivation of viruses when chlorine is used as a disinfectant. At operating levels above a pH of 9.0, Table E-7 no longer applies. Systems operating above 9.0 shall submit a proposed alternative method in writing to the Department. Department approval must be obtained in order to operate under the proposed conditions. The Department shall approve methods based on the results of laboratory studies or calculations.

(b) Chlorine Dioxide. The procedures incorporated in DEP Form 62-555.900(2), which are based on Table E-9 from the guidance manual adopted as subsection 62-555.335(1), F.A.C., shall be used for the calculation of CT99.99 to effect the required log inactivation of viruses when chlorine dioxide is used as a disinfectant.

(c) Chloramines.

1. The procedures incorporated in DEP Form 62-555.900(2), which are based on Table E-13 of the guidance manual adopted as subsection 62-555.335(1), F.A.C., shall be used for the calculation of CT 99.99 values which are used for the calculation of the required log inactivation of viruses when chloramines are used as a disinfectant and free chlorine is added prior to ammonia.

2. Systems that add ammonia prior to chlorine, or ammonia and chlorine concurrently, shall determine viral inactivation using the protocol given in Appendix G-2 of the guidance manual adopted as subsection 62-555.335(1), F.A.C.

(d) Ozone.

1. The procedures incorporated in DEP Form 62-555.900(2), which are based on Table E-11 in the guidance manual adopted as subsection 62-555.335(1), F.A.C., and on Table 3-11 in the guidance manual adopted as subsection 62-555.335(8), F.A.C., shall be used to estimate CT 99.99 viral log-inactivation values when ozone is used as a disinfectant.

2. The procedures incorporated in DEP Form 62-555.900(2), which are based on Appendix O of the guidance manual adopted as subsection 62-555.335(1), F.A.C., shall be used to calculate the time of travel, T10, during tracer studies at the four process flows as outlined in subparagraph 62-550.817(8)(a)3., F.A.C.

(e) UV Light. Table E-14 in the guidance manual adopted as subsection 62-555.335(1), F.A.C., shall be used to estimate CT99.99 and viral log-inactivation values. Systems proposing to use UV light to meet the disinfection requirements of this rule shall also make a written, affirmative demonstration incorporating the results of pilot plant studies that show how CT99.99 requirements are met.

(9) Demonstrating and evaluating disinfection effectiveness through completion of Form 62-555.900(2).

(a) Subpart H systems shall demonstrate the effectiveness of their disinfection treatment by:

1. Determining the disinfectant CT value at their plant under operating conditions specified in paragraph 62-550.817(10)(c), F.A.C., and

a. The disinfectant contact time, T, shall be measured as a time of travel through the disinfection process.

b. Systems may calculate T, CTcalc, and log-inactivation effectiveness by completing Form 62-555.900(2) using baffling factors for each treatment segment. The baffling factors shall be selected from Table C-5 of Appendix C of the guidance manual adopted in subsection 62-555.335(1), F.A.C., and shall correspond to the actual baffling conditions at the system. The Department shall review the baffling factors selected by the system when Form 62-555.900(2), is submitted. The Department shall notify the system in writing if, in its review, it determines that the baffling factors are not representative of actual conditions at the system.

c. The disinfectant concentration shall be measured at the downstream point of each treatment segment.

d. Systems may also estimate contact time by conducting a tracer study to measure time of travel, T10, using the methods in Appendix C of the guidance manual adopted as subsection 62-555.335(1), F.A.C. When conducting a tracer study, the time of travel shall be measured at a minimum of four process flow rates:

(I) Maximum rate, which must be at least 91% of the peak hourly flow,

(II) The maximum day flow,

(III) The average plant flow rate, and

(IV) The minimum plant flow rate.

e. T10 may be estimated in a tracer study using other or fewer flow rates if the use of such flow rates is justified by the system in an affirmative written showing submitted to the Department.

f. After December 31, 2005, systems may calculate contact time for virus inactivation only through treatment segments that are not exposed to the open atmosphere during treatment. For the purpose of this paragraph, facilities that are protected from contamination from birds, insects, wind-borne debris, rainfall, and drainage are not considered to be exposing water to the open atmosphere and possible microbial contamination.

2. Estimating log-inactivation effectiveness. Systems shall use the procedures in Form 62-555.900(2) and in Appendix C of the guidance manual adopted as subsection 62-555.335(1), F.A.C., to calculate the log-inactivation effectiveness of their treatment processes to demonstrate the effectiveness of their disinfection treatment to meet the requirements of subparagraph 62-550.817(2)(b)4., F.A.C.

(b) Systems that propose to treat surface water or advanced treated water shall submit CT calculations with the design report required by paragraph 62-555.520(4)(a), F.A.C., when applying for a construction permit.

(c) Systems that use tracer studies to determine the time of travel or baffling factors shall summarize the results of their evaluations by submitting a written Disinfectant Contact Time Compliance Report to the Department.

1. This tracer study report shall consist of a completed Florida Department of Environmental Protection Disinfectant Contact Time Compliance Report worksheet, December 2002 edition, or all the information referenced in that worksheet. The worksheet is hereby adopted and incorporated by reference and is available from the Department of Environmental Protection, Drinking Water Section, M.S. 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

2. Until a Disinfectant Contact Time Compliance Report prepared under subsection (1), above, is approved by the Department, the system shall use baffling factors approved by the Department under sub-subparagraph 62-550.817(9)(a)1.b., F.A.C., when completing Form 62-555.900(2).

(d) The Department shall evaluate the effectiveness of a system’s disinfection and thereby determine if the system is in compliance with this section by:

1. Evaluating completed Form 62-555.900(2), Monthly Operation Report for Subpart H Systems,

2. Evaluating Disinfectant Contact Time Compliance Reports or written baffling factor justification, and

3. Evaluating the results of sanitary surveys and compliance inspections.

(e) Changes to disinfection treatment.

1. No disinfection process shall be altered or discontinued unless the subpart H system secures written permission from the Department in advance.

2. The Department will approve such requests when the system demonstrates in writing, including an updated Disinfection Contact Time Compliance Report or a completed written baffling factor justification, that the proposed changes will not adversely modify the disinfection benchmark currently provided.

(f) Benchmarking and Profiling. All subpart H systems treating surface water shall collect data to establish a disinfection benchmark and profile and shall maintain such data and calculated monthly profile values on Form 62-555.900(2), Monthly Operation Report for Subpart H Systems. The disinfection profile and benchmark shall be based on profile values calculated from data collected over the initial twelve consecutive months after monitoring begins. Pursuant to 40 CFR 141.172(a)(3), the Department shall approve another set of data to establish a profile and benchmark based on a written showing by the system that the replacement data are more representative of expected conditions at the plant.

(10) Approving Alternative Filtration Technologies Pursuant to 40 C.F.R. §§142.16(g)(2)(iv) and 142.16(j)(2)(iv) (July 1, 2011).

(a) Subpart H systems proposing to use other filtration technologies shall perform pilot plant studies to demonstrate the effectiveness of the proposed treatment process to treat water similar to the water source being used.

1. Treatment effectiveness shall be demonstrated through the use of turbidity measurements, particle count studies, or sampling results showing virus, Giardia lamblia, and Cryptosporidium removal efficiencies that demonstrate that the proposed filtration technology, in combination with disinfection treatment, reliably and consistently achieves the log-removal/inactivation requirements of this section.

2. Based on the results of the pilot plant studies in subparagraph 1. above, the Department shall set turbidity performance requirements that the system shall meet at least 95% of the time, and a Maximum Allowable Limit.

3. The system shall conduct monitoring pursuant to 40 CFR 141.172(b) and submit the results to the Department. The Department shall establish a disinfection profile based on those results.

4. The system shall comply with the monitoring and reporting requirements of subsections 62-550.817(10) and 62-550.817(11), F.A.C.

(b) Systems determined per subparagraph 62-550.817(2)(b)2., F.A.C., to be well-operated and using membrane filtration treatment technologies including either reverse osmosis, nanofiltration, or ultrafiltration are given a 2.0 log-removal credit for Cryptosporidium, a 2.0 log-removal credit for viruses, and a 2.5 log-removal credit for Giardia lamblia if grab samples taken every four hours or continuous monitoring show turbidity levels equal to or less than 0.3 NTU 95% of the time and if all samples are equal to or less than 1 NTU.

(c) Systems using alternative treatment technologies approved under this subsection shall be subject to a reduction in a log-removal credit given by the Department pursuant to subparagraph 62-550.817(2)(b)2., F.A.C.

(11) Monitoring Requirements. All subpart H systems shall monitor to determine compliance with both the filtration and disinfection treatment techniques, in lieu of maximum contaminant levels, as specified in 40 CFR 141.74, adopted in subsection 62-550.817(2), F.A.C., and 40 CFR 141.174, adopted in subsection 62-550.817(3), F.A.C. Consecutive subpart H systems that do not provide filtration need monitor only to show compliance with paragraph (e), below.

(a) A public water system may substitute continuous turbidity monitoring in lieu of grab sample monitoring specified in 40 CFR 141.74 (b)(2), and 141.74(c)(1), if it validates the continuous measurement for accuracy on a regular basis using a protocol that includes:

1. Initial Department approval of the monitoring equipment before its installation. The Department will approve the use of turbidimeters that conform to the requirements of the Guidance Manual for Compliance with the Interim Enhanced Surface Water Treatment Rule: Turbidity Provisions, Chapter 3, US EPA, April 1999, hereby adopted and incorporated by reference,

2. Calibration of the equipment using primary standards at a frequency recommended by the manufacturer or quarterly, whichever is more frequent,

3. Reporting of the calibration results reported on part five of Form 62-555.900(2), Monthly Operation Report for Subpart H Systems,

4. Retention of maintenance and calibration records, on the premises of the public water system or at a convenient location near the premises, for a period of not less than three years or until the Department completes a Sanitary Survey, and

5. Approved monitoring locations for combined turbidity pursuant to Paragraph 5.2 of Chapter 5 of the Guidance Manual adopted as subsection 62-555.335(1), F.A.C.

a. Combined filter effluent prior to entry into a clearwell,

b. Clearwell effluent,

c. Plant effluent or immediately prior to entry into the distribution system, or

d. Flow weighted average of effluent measurements from each filter, or

e. Another location approved in writing by the Department, based on an affirmative written showing by the system that the proposed alternative location provides filtered water turbidity readings that are representative of the water served to system customers.

(b) Continuous and bench top monitoring equipment for disinfectant residual, pH and temperature shall be calibrated not less than quarterly and the results reported on part five of Form 62-555.900(2), Monthly Operation Report for Subpart H Systems.

(c) In addition to the monitoring requirements of 40 CFR 141.74, subpart H systems that treat surface water shall daily monitor the following parameters at the downstream end of each treatment segment during peak hourly flow.

1. The temperature of the disinfected water in degrees Celsius,

2. If the system uses chlorine, chlorine dioxide, or chloramines, the pH of the disinfected water,

3. The disinfectant concentration, “C”, in mg/L, prior to each additional point of disinfection and before or at the first customer, and

4. The used storage volume in a segment, in cubic feet.

(d) If at any time the residual disinfectant concentration at the point of entry to the distribution system falls below 0.2 milligrams per liter free chlorine or its equivalent in a system using grab sampling in lieu of continuous monitoring, the system shall immediately begin taking grab samples every four hours until the residual disinfectant concentration is equal to or greater than 0.2 milligrams per liter free chlorine or its equivalent.

(e) Consecutive subpart H systems that do not provide filtration shall monitor disinfectant residual levels in compliance with 40 CFR 141.74(c)(3)(i), adopted in subsection 62-550.817(2), F.A.C.

(12) Process Monitoring Requirements. Subpart H systems that provide conventional filtration shall monitor:

(a) Raw water turbidity daily, prior to any treatment, and

(b) Settled water turbidity every two hours at the outlet of each operating sedimentation basin.

(13) Reporting Requirements.

(a) Subpart H systems shall complete and submit to the appropriate Department District Office or appropriate Approved County Health Department Form 62-555.900(2), Monthly Operation Report for Subpart H Systems, within ten days after the end of each month. For instructions on how to complete the form and other information on subpart H system operation, refer to the DEP document “Compliance Manual for Subpart H Systems,” June 2004 edition.

(b) Consecutive systems that receive purchased finished water originating from a subpart H system shall report the disinfectant residual data specified on page one of Monthly Operation Report for Consecutive Systems that Receive Purchased Finished Water from a Subpart H System (formerly adopted and incorporated as subsection 62-555.900(6), F.A.C.), hereby adopted and incorporated by reference into this rule. Systems shall submit this completed form to the appropriate Department District Office or appropriate Approved County Health Department within ten days after the end of each month.

(c) In addition to the reporting requirements of 40 CFR 141.75 and 40 CFR 141.175, subpart H systems that treat surface water shall report using DEP Form 62-555.900(2).

1. The measurements required by paragraph 62-550.817(10)(c), F.A.C., and

2. The daily total inactivation for viruses and Giardia lamblia estimated from these measurements and the monthly disinfection profile values.

(d) Subpart H systems shall also report:

1. The disinfectant residual monitoring data required under 40 CFR 141.75 included in part three of Form 62-555.900(2), Monthly Operation Report for Subpart H Systems.

2. The process monitoring for raw water and settled water turbidity required under paragraphs 62-550.817(11)(a) and (b), F.A.C. Report each daily raw water turbidity and the maximum settled water turbidity during each 4-hour period on Form 62-555.900(2).

3. For systems serving 10,000 or more persons, the filter profile required under 40 CFR 141.175(b)(1) through (3) unless the reason for a turbidity exceedance is one of the following:

a. Treatment process outages,

b. Maintenance activities at processes within the treatment train,

c. Coagulation feed pump or equipment failure, or

d. The filters were run at higher loading rates than approved by the Department.

(e) Subpart H systems that employ conventional filtration or direct filtration treatment and that recycle spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall report to the Department:

1. The filter backwash recycle information required under 40 CFR 141.76(b) using a completed Florida Department of Environmental Protection Filter Backwash Recycling Notification Worksheet, December 2003 edition, or all the information referenced on this worksheet. The worksheet is hereby adopted and incorporated by reference and is available from the Department of Environmental Protection, Drinking Water Section, M.S. 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This worksheet, or all the information referenced on this worksheet, shall be submitted to the Department by December 8, 2003, and revised and resubmitted whenever recycle flow handling changes are completed.

2. The recycle flow information specified in 40 CFR 141.76(d)(1) through (6) using a completed Florida Department of Environmental Protection Filter Backwash Recycling Recordkeeping Worksheet, December 2003 edition, or all the information referenced on this worksheet. The worksheet is hereby adopted and incorporated by reference and is available from the Department of Environmental Protection, Drinking Water Section, M.S. 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This worksheet, or all the information referenced on this worksheet, shall be submitted to the Department initially by June 8, 2004, and updated annually thereafter by January 10.

(14) Public notification requirements for the Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), and the Long Term 2 Enhanced Surface Water Treatment Rule (LT2ESWTR). In addition to the requirements in part IV of chapter 62-560, F.A.C., the following public notification requirements are adopted by reference and enforceable under this rule:

(a) In the July 1, 2015, edition of 40 C.F.R. §141.202 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07215), the Tier 1 public notice requirements pertaining to violation of the SWTR, IESWTR, or LT1ESWTR treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit, where the primacy agency determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the system learns of the violation.

(b) In the July 1, 2015, edition of 40 C.F.R. §141.203(b)(3) (http://www.flrules.org/Gateway/reference.asp?No=Ref-07218), the consultation requirements pertaining to violation of the SWTR, IESWTR, or LT1ESWTR treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.

(c) The July 1, 2015, edition of 40 C.F.R. §141.211 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07227).

(15) Recordkeeping requirements. In addition to the requirements of 40 CFR 141.175 and .571, systems must maintain System Control and Data Acquisition (SCADA) data in electronic form so that it is available to a Department inspector for 3 years. Individual filter turbidity vs. time must be readily available to the Department in ascii format extending back at least 36 months. Turbidity must represent at least peak turbidity during a 15-minute interval as per 40 CFR 141.173.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.852(12), 403.853(1), (3) FS. History–New 4-3-03, Amended 5-28-03, 11-25-03, 10-14-04, 1-17-05, 12-30-11, 7-7-15, 8-5-16, 2-26-25.

Fla. Admin. Code R. 62-550.821 Disinfectant Residuals, Disinfection Byproducts (Stage 1), and Disinfection Byproduct Precursors

The requirements contained in the July 1, 2014, edition of 40 C.F.R. Part 141, Subpart L (Sections 141.130 through 141.135) (http://www.flrules.org/Gateway/reference.asp?No=Ref-05604), are adopted and incorporated herein by reference and are enforceable under this rule. The following are clarifications and additions to the requirements in 40 C.F.R. Part 141, Subpart L. This introductory text shall be effective on July 7, 2015.

(1) In 40 CFR 141, subpart L, the term “State” shall mean “Department.” Also, references to section 141.2 shall be interpreted to mean rule 62-550.200, F.A.C.; references to section 141.21 shall be interpreted to mean rule 62-550.518, F.A.C.; references to section 141.23(k)(1) or 141.89(a) shall be interpreted to mean subsection 62-550.550(1), F.A.C.; references to section 141.31 shall be interpreted to mean subsection 62-550.730(1), F.A.C.; references to section 141.32 or 141.202 shall be interpreted to mean rule 62-560.410, F.A.C.; references to section 141.32(e)(78) shall be interpreted to mean subsection 62-560.410(6), F.A.C.; references to section 141.64 or 141.64(a) shall be interpreted to mean paragraph 62-550.310(3)(b), F.A.C.; references to section 141.65 shall be interpreted to mean subsection 62-550.310(2), F.A.C.; references to section 141.74(b)(6)(i) shall be interpreted to mean subsection 62-550.514(1), F.A.C.; references to section 141.74(c)(3)(i) shall be interpreted to mean subsection 62-550.514(1), F.A.C.; references to subpart Q shall be interpreted to mean part IV of chapter 62-560, F.A.C.; and references to section 142.16(h)(5) shall be interpreted to mean subsection 62-550.821(9), F.A.C.

(2) For purposes of the compliance dates in 40 CFR 141.130(b) and the disinfection byproduct and residual disinfectant monitoring requirements in 40 CFR 141.132(b), (c), and (f):

(a) The number of persons served by a wholesale system includes the number of persons served by the consecutive systems that receive finished water from the wholesale system; and

(b) Consecutive systems that receive any finished water originating from a subpart H system are considered subpart H systems.

(3) 40 CFR 141.130(c) shall be interpreted to mean that suppliers of water who own or operate a CWS or NTNCWS, including either a consecutive CWS or a consecutive NTNCWS, must employ operators licensed under chapter 62-602, F.A.C., to operate the system and staff the system’s water treatment plant(s), if any, in accordance with chapter 62-699, F.A.C.

(4) Under 40 CFR 141.132(a), systems shall demonstrate that TTHM and HAA5 samples were taken under normal operating conditions by measuring, and reporting with the results of samples for TTHM and HAA5, the residual disinfectant level at the same points where, and same times when, TTHM and HAA5 samples are taken. These measurements may be performed by any authorized representative of the supplier of water or Department; but measurements for residual chlorine shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, as incorporated into rule 62-160.800, F.A.C., and all other measurements shall be performed using an appropriate method referenced in subsection 62-550.550(1), F.A.C. These measurements shall not be used for determining compliance with the MRDL.

(5) For purposes of the TTHM and HAA5 monitoring requirements in 40 CFR 141.132(b)(1), each entry point from a wholesale system to a consecutive system is considered a plant for the consecutive system.

(a) Consecutive systems may request that the Department allow for multiple entry points from a single wholesale system to a single consecutive system to be considered as one plant.

(b) The Department shall approve requests made in accordance with paragraph (a), above, if the consecutive system submits documentation showing that factors such as relative locations of entry points, detention times, sources, and the presence of treatment (such as corrosion control or booster disinfection) will not have a significant differential effect on TTHM and HAA5 formation associated with individual entry points.

(6) 40 CFR 141.132(b)(1)(v) shall be interpreted to mean that, in addition to allowing systems on increased monitoring to return to routine monitoring under 40 CFR 141.132(b)(1)(iv), the Department shall allow systems on increased monitoring to return to routine monitoring if their TTHM quarterly averages and HAA5 quarterly averages are less than or equal to the MCL for four consecutive quarters.

(7) Under 40 CFR 141.131(c)(2), the use of DPD colorimetric test kits to measure residual chlorine, chloramines, or chlorine dioxide is approved per subsection 62-550.550(1), F.A.C.

(8) Under 40 CFR 141.131(b)(3), (c)(3), and (d), operators licensed under chapter 62-602, F.A.C., and persons under the direct supervision of a licensed operator, as well as laboratories certified by the Department of Health, are approved to measure alkalinity, bromide, chlorite (only at entrances to distribution systems), pH, residual disinfectant concentration, specific ultraviolet absorbance, and total organic carbon. Refer to subsection 62-550.550(1), F.A.C.

(9) Under 40 CFR 141.132(a)(2), the Department shall approve reduced TTHM and HAA5 monitoring by allowing systems to consider multiple plants treating water from multiple wells completed in the same aquifer as one treatment plant if:

(a) The plants are applying the same disinfectant(s); and

(b) The system submits a hydrogeological evaluation that is prepared under the supervision of a professional geologist or engineer registered in Florida and that indicates the wells are completed in, and drawing water from, the same aquifer and indicates the characteristics (including the total organic carbon level and, if ozone is being used to treat the water, bromide level) of the water from each well are enough alike to conclude disinfection byproduct formation will be similar.

(10) Under 40 CFR 141.132(f), all subpart H systems shall submit a copy of their monitoring plan to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department no later than the date of the first report required under 40 CFR 141.134. All other systems shall make their monitoring plan available for review during sanitary surveys conducted by the Department and shall submit their monitoring plan if requested by the Department.

(11) The monitoring plans required under 40 CFR 141.132(f) shall be prepared in a format containing all the following information:

(a) A cover page identifying the system and providing relevant general information, including:

1. The system name and PWS identification number;

2. A contact person and phone number;

3. The system type (community, non-transient non-community, or transient non-community system);

4. The number and type of water sources and water treatment plants; and

5. The population served by the system when including the population served by any consecutive systems that receive water from the system.

(b) For subpart H systems using conventional filtration treatment, a summary of the system’s enhanced coagulation or softening performance requirements. If applicable, a copy of the most recent Department approval of Step 2 TOC removal requirements shall be attached to the monitoring plan.

(c) A summary of the residual disinfectant, disinfection byproduct, and disinfection byproduct precursor monitoring that is required of the system. If applicable, a copy of the following Department approvals shall be attached to the monitoring plan:

1. Department approval allowing the system to consider multiple plants treating water from multiple wells completed in the same aquifer as one treatment plant;

2. If the system is a consecutive system, Department approval allowing the system to consider multiple entry points from a single wholesale system as one plant.

(d) For subpart H systems using conventional filtration treatment, a schematic drawing of each of the system’s plants that use conventional treatment to treat surface water or ground water under the direct influence of surface water. Each schematic drawing shall show:

1. The water source(s);

2. Each unit process of each treatment train and each chemical application point; and

3. Sampling locations identified and numbered (e.g., T-1, T-2, etc.).

(e) A schematic drawing of the system’s distribution system. The schematic drawing shall show:

1. Entry points to the distribution system (i.e., water treatment plants and, if the system is a consecutive system, entry points from wholesale systems);

2. Finished water storage facilities and booster chlorination facilities; and

3. Sampling locations identified and numbered (e.g., D-1, D-2, etc.).

(f) A summary of typical distribution system operating characteristics explaining, on a seasonal basis if necessary, how water sources are used and water treatment plants are operated to meet demands on the system and where average and maximum water residence times are expected to occur in the distribution system.

(g) Schedules for collecting all required samples. The schedules shall identify sampling times, sampling locations, sample handling and preservation requirements, and whether samples will be analyzed on site by either a licensed operator or a person under the direct supervision of a licensed operator or will be analyzed at a certified laboratory. Also, the schedules shall address both routine and reduced monitoring frequencies.

(h) The method for calculating compliance with applicable maximum residual disinfectant levels, maximum contaminant levels, and treatment technique requirements.

(12) This subsection replaces 40 CFR 141.134 and discusses reporting requirements for disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors.

(a) Systems and laboratories shall report results of required measurements for chlorine or chloramines, and results of required disinfection byproduct analyses conducted by certified laboratories, in accordance with subsections 62-550.730(1) and (2), F.A.C. In addition, systems described in paragraphs (b) through (d), below, shall report the summary information described in paragraphs (b) through (d). (For other systems, the Department will perform calculations and determine whether MRDLs or MCLs were exceeded.) Systems required to report under paragraphs (b) through (d), below, shall report to the appropriate Department of Environmental Protection District Office or Approved County Health Department within ten days after the end of each quarter in which samples were collected.

(b) Systems serving more than 4,900 persons, and systems using chlorine dioxide, shall report a summary of results of measurements for disinfectant residuals in a format including all of the following information:

1. The system name and PWS identification number.

2. A contact person and phone number.

3. The information listed in 40 CFR 141.134(c) except that:

a. Systems monitoring for chlorine or chloramines also shall include the location, date, and result of each sample taken during the last quarter.

b. In addition to including the date, result, and location of each sample taken during the last quarter, systems monitoring for chlorine dioxide shall include the name of the person who collected each sample, the date of analysis of each sample, the name and certification number of the laboratory that analyzed each sample or the name and license number of the operator responsible for analysis of each sample, and the analytical method used for each sample and shall identify each sample as to whether it is an entry point sample or a distribution system sample.

(c) Subpart H systems serving 500 or more persons, systems using only ground water not under the direct influence of surface water and serving 10,000 or more persons, and systems using chlorine dioxide shall report a summary of results of analyses for disinfection byproducts in a format including all of the following information:

1. The system name and PWS identification number.

2. A contact person and phone number.

3. The information listed in 40 CFR 141.134(b) except that:

a. In addition to including the location, date, and result of each sample taken during the last monitoring period, systems monitoring for TTHM and HAA5, chlorite, or bromate shall include the name of the person who collected each sample, the date of analysis of each sample, the name and certification number of the laboratory that analyzed each sample, and the analytical method used for each sample.

b. In addition to including the location, date, and result of each sample taken during the last monitoring period, systems monitoring for TTHM and HAA5, chlorite, or bromate shall include the name of the person who collected each sample, the date of analysis of each sample, the name and certification number of the laboratory that analyzed each sample, and the analytical method used for each sample.

c. Systems monitoring for TTHM and HAA5 also shall identify each sample as to whether it was taken at a location representing maximum residence time in the distribution system or at a location representing average residence time in the distribution system and shall report the residual chlorine or chloramine level measured at the same point where, and same time when, each sample was taken.

d. Systems monitoring for chlorite also shall identify each sample as to whether it is an entry point sample or a distribution system sample.

(d) Subpart H systems using conventional filtration treatment shall report a summary of results of measurements for disinfection byproduct precursors and enhanced coagulation or softening in a format including all of the following information:

1. The system name and PWS identification number and the water treatment plant name.

2. A contact person and phone number.

3. The information listed in 40 CFR 141.134(d) except that:

a. In addition to including the location, date, and results of each paired TOC and source-water alkalinity sample taken during the last quarter, systems monitoring for TOC shall include the name of the person who collected each sample, the date of analysis of each sample, the name and certification number of the laboratory that analyzed each sample or the name and license number of the operator responsible for analysis of each sample, and the analytical method used for each sample.

b. Calculations for determining compliance with Step 1 or 2 TOC removal requirements shall be presented in a table similar to Tables 4-3 through 4-6 in the U.S. Environmental Protection Agency’s (USEPA’s) Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual, which is incorporated herein by reference and is available from the USEPA, Office of Ground Water and Drinking Water (4601), Ariel Rios Building, 1200 Pennsylvania Avenue Northwest, Washington, DC 20460-0003.

c. Systems monitoring for SUVA, treated-water alkalinity, or magnesium hardness removal shall include the location, date, and result of each sample that was taken during the last quarter plus the name of the person who collected each sample, the date of analysis of each sample, the name and certification number of the laboratory that analyzed each sample or the name and license number of the operator responsible for analysis of each sample, and the analytical method used for each sample.

(13) Under 40 CFR 141.135(b), systems practicing enhanced softening are not required to apply to the Department for Step 2 TOC removal requirements. Enhanced softening systems that are unable to meet the alternative compliance criteria in section 141.135(a)(2) and (3) and that are unable to meet the Step 1 TOC removal requirements may apply to the Department for a waiver of enhanced softening requirements.

(a) Applicants for a waiver shall submit to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department results of bench- or pilot-scale testing conducted in accordance with section 3.3 of the U.S. Environmental Protection Agency’s Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual, which is incorporated herein by reference and is available from the source indicated in sub-subparagraph 62-550.821(12)(c)3.b., F.A.C.

(b) The Department shall grant waivers if the test results required by paragraph (a) above show that the applicant is unable to meet the alternative compliance criteria in 40 CFR 141.135(a)(2) and (3) and is unable to meet the Step 1 TOC removal requirements.

(14) This subsection supplements 40 CFR 141.135(b)(3). The Department shall approve Step 2 TOC removal requirements submitted by a system if the system’s application includes the information discussed in 40 CFR 141.135(b)(4) and (15) below and if all alternative TOC removal percentages are determined in accordance with 40 CFR 141.135(b)(4) and section 3.2 of the U.S. Environmental Protection Agency’s Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual, which is incorporated herein by reference and is available from the source indicated in sub-subparagraph 62-550.821(12)(c)3.b., F.A.C.

(15) This subsection supplements 40 CFR 141.135(b)(4). Applications made to the Department for approval of Step 2 TOC removal requirements shall include a table of Step 2 removal requirements that is similar in format to the table of Step 1 TOC removal requirements in 40 CFR 141.135(b)(2). The Step 2 table shall address the same source-water TOC/alkalinity ranges as addressed in the Step 1 table. Also, in each source-water TOC/alkalinity range, the required Step 2 TOC removal percentage shall remain the same as the Step 1 TOC removal percentage unless the application includes test results as described in 40 CFR 141.135(b)(4) supporting an alternative TOC removal percentage for that specific TOC/alkalinity range.

(16) 40 CFR 141.135(b)(4)(v) is supplemented by the following:

(a) Systems applying for a waiver of enhanced coagulation requirements shall submit to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department results of bench- or pilot-scale testing conducted in accordance with 40 CFR 141.135(b)(4) and Section 3.2 of the U.S. Environmental Protection Agency’s Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual, which is incorporated herein by reference and is available from the source indicated in sub-subparagraph 62-550.821(12)(c)3.b., F.A.C.

(b) The Department shall grant waivers of enhanced coagulation requirements if the test results required by paragraph (a), above, show that the TOC removal from the applicant system’s water is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose (as aluminum) at all dosages of alum (or equivalent addition or iron coagulant).

(17) In the event of an acute violation of the maximum residual disinfectant level for chlorine dioxide, the supplier of water shall notify the public and the Department in accordance with rule 62-560.410, F.A.C., as soon as practicable but no later than 24 hours after learning of the violation.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.0877, 403.852(12), 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 11-27-01, Amended 11-28-04, 1-17-05, 12-30-11, 7-7-15, 2-26-25.

Fla. Admin. Code R. 62-550.822 Initial Distribution System Evaluations and Stage 2 Disinfection Byproducts Requirements

The requirements contained in the July 1, 2011, edition of 40 C.F.R. Part 141, Subpart U (Sections 141.600 through 141.605) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00909), and 40 C.F.R. Part 141, Subpart V (Sections 141.620 through 141.629) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00910) are adopted and incorporated herein by reference and are enforceable under this rule, except 40 C.F.R. §141.623(d) is not adopted or incorporated in this rule.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.852(12), 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 12-30-11.

Fla. Admin. Code R. 62-550.824 Consumer Confidence Reports

These rules are intended to implement the Primary and Secondary Drinking Water Regulations that require community water systems to prepare and provide to their customers annual consumer confidence reports (CCRs) on the quality of the water delivered by the systems. In addition to the requirements of this rule, the requirements contained in the following regulations are adopted and incorporated herein by reference and are enforceable under this rule: the July 1, 2014, edition of 40 C.F.R. Part 141, Subpart O, Sections 151 through 155, except for 40 C.F.R. §141.153(h)(6)(ii), and Appendix A to 40 C.F.R. Part 141, Subpart O (http://www.flrules.org/Gateway/reference.asp?No=Ref-05590). 40 C.F.R. §141.153(h)(6)(ii) is not adopted or incorporated in this rule. Additional information may be obtained from the USEPA’s guidance manuals Preparing Your Drinking Water Consumer Confidence Report – Guidance for Water Suppliers, 2nd Revision: EPA 816-R-09-011, April 2010 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00912), and Revised State Implementation Guidance for the Consumer Confidence Report (CCR) Rule, Appendix E, EPA 816-R-09-010, April 2010 (http://www.flrules.org/Gateway/reference.asp?No=Ref-00913), which are incorporated herein by reference. This introductory text shall be effective on July 7, 2015.

(1) Additional Report Content Requirements. In addition to the requirements of 40 CFR 141.153, the following requirements shall apply:

(a) Additional Source Water Information. If the Department has determined that a system or well is under the direct influence of surface water, the system shall identify the well and proposed remedial action.

(b) Water Treatment Information. Systems shall include a general description of all major water treatment processes. For example, a statement may be worded in the following way: Our water is obtained from ground water sources and is chlorinated for disinfection purposes, and then fluoridated for dental health purposes.

(c) Additional Primary Contaminant Information.

1. In addition to the contaminants referenced in 40 CFR 141.153(d)(1)(i), the following contaminants shall be subject to the requirements of §141.153(d): nickel, lead (point of entry) and sodium. The applicable results for these three contaminants shall be only the results of monitoring to demonstrate compliance with a maximum contaminant level (MCL) in subsection 62-550.310(1), F.A.C.

2. More Stringent MCLs. For the following contaminants, the Florida MCL is more stringent than the federal MCL referenced in 40 CFR 141, Subpart O, Consumer Confidence Reports: benzene, vinyl chloride, ethylene dibromide, carbon tetrachloride, 1,2-dichloroethane, trichloroethylene, and tetrachloroethylene. For these contaminants, the Florida MCLs listed in rules 62-550.310 and 62-550.320, F.A.C., shall apply for the purpose of preparing the consumer confidence report.

3. Different Monitoring Location Requirements. Subsection 62-550.500(5), F.A.C., requires monitoring at the entry point to the distribution system rather than at points within the distribution system when monitoring for compliance with the MCLs for the radiological contaminants listed in subsection 62-550.310(6), F.A.C. These results shall be applicable to the consumer confidence report requirements of 40 CFR 141.153(d)(1)(i).

4. Primary Contaminant Source of Contamination Language. In addition to the language found in 40 CFR 141, Appendix A to Subpart O, the following language shall be used in tables of analytical results to report on the source of contamination for lead (point of entry), nickel, and sodium. Systems may substitute other language or add their own language if the language they use as source of contamination language is more specific to conditions affecting their system.

a. Lead (point of entry): Residue from man-made pollution such as auto emissions and paint. Lead pipe, casing, and solder.

b. Nickel: Pollution from mining and refining operations. Natural occurrence in soil.

c. Sodium: Salt water intrusion, leaching from soil.

5. Health Effects Language in addition to that found in 40 CFR 141, Appendix C to Subpart O. The following health effects language shall be used for nickel, sodium, and lead (point of entry) when their MCLs have been exceeded:

a. Nickel: Nickel has been shown to damage the heart and liver in laboratory animals when the animals are exposed to high levels over their lifetimes. The Florida Department of Environmental Protection (DEP) has set the drinking water standard for nickel at 100 parts per billion (ppb) to protect against the risk of these adverse effects.

b. Sodium: The Florida Department of Environmental Protection (DEP) has set the drinking water standard for sodium at 160 parts per million (ppm) to protect individuals that are susceptible to sodium-sensitive hypertension or diseases that cause difficulty in regulating body fluid volume. Sodium is monitored so that individuals who have been placed on sodium (salt) restricted diets may take into account the sodium in their drinking water. Drinking water contributes only a small fraction (less than 10 percent) to the overall sodium intake. Sodium levels in drinking water can be increased by ion-exchange softeners at water treatment facilities or certain point-of-use treatment devices. If you have been placed on a sodium restricted diet, please inform your physician that our water contains <> ppm of sodium.

c. Lead (point of entry): Infants and children who drink water containing lead in excess of the MCL could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.

6. Reporting total coliform results. When reporting the total monthly number of samples include repeat samples.

7. Reporting fecal coliform results. If fecal coliform is detected, the table of analytical results shall include the total number of positive samples for the year.

8. Reporting nitrates and nitrites results. Analytical results for nitrates and nitrites shall be reported individually. The reporting of analytical results of total nitrates and nitrites is not required.

(d) Secondary Contaminant Information.

1. The reporting requirements of 40 CFR 141.153(d) shall be applicable to the secondary contaminants listed in rule 62-550.320, F.A.C.

2. Reporting of secondary contaminants results.

a. Results subject to CCR reporting for secondary contaminants shall be the most recent year’s worth of results obtained during or before the calendar year previous to the year the CCR is due, except that data older than five years need not be included. Results shall be included in the table of secondary contaminants analytical results only if the highest single sample result exceeds the MCL. On the table of secondary contaminants analytical results, the highest result shall be reported as the level detected, and the range of results shall be reported as the range.

b. Results for pH need not be reported.

c. Results for ethylbenzene (odor), toluene (odor), and xylenes (odor), need not be reported, because they are also monitored as primary contaminants.

3. Source of Secondary Contaminants. The following language is provided for use in tables of results to describe the major sources in drinking water for the secondary contaminants listed as follows. Systems may substitute other language or add their own language if the language they use as source of contamination language in the consumer confidence report is more specific to conditions affecting their system.

a. Color and odor: Naturally occurring organics.

b. Copper: Corrosion byproduct and natural occurrence from soil leaching.

c. Foaming agents: Pollution from soaps and detergents.

d. Fluoride: Erosion of natural deposits; Water additive which promotes strong teeth; Discharge from fertilizer and aluminum factories.

e. All other secondary contaminants: Natural occurrence from soil leaching.

(e) Unregulated Contaminants. Systems required to monitor for unregulated contaminants by 40 CFR 141.40 shall report analytical results when there are detections of unregulated contaminants. If unregulated contaminants are detected the CCR shall include the following informational statement: <> has been monitoring for unregulated contaminants (UCs) as part of a study to help the U.S. Environmental Protection Agency (EPA) determine the occurrence in drinking water of UCs and whether or not these contaminants need to be regulated. At present, no health standards (for example, maximum contaminant levels) have been established for UCs. However, we are required to publish the analytical results of our UC monitoring in our annual water quality report. If you would like more information on the EPA’s Unregulated Contaminants Monitoring Rule, please call the Safe Drinking Water Hotline at (800)426-4791.

(f) Information Collection Rule (ICR) Contaminants. The federal CCR regulations (40 CFR 141.153) state that finished water results for the following are subject to consumer confidence reporting requirements: disinfection by-products or microbial contaminants for which monitoring is required under 40 CFR 141.142 and 141.143 except Cryptosporidium.

1. Systems monitoring for ICR contaminants shall report the following ICR contaminants in their consumer confidence reports, if found in the finished water:

a. THM4: trihalomethanes (chloroform, bromodichloromethane, dibromochloromethane, and bromoform) – report as a group,

b. HAA5: haloacetic acids (mono-, di-, and trichloroacetic acid, and mono- and di-bromoacetic acid) – report as a group,

c. HAN: haloacetilenitriles (dichloro-, trichloro-, bromochloro-, and dibromoacetonitrile) – report as a group,

d. HK: haloketones (1,1-dichloropropanone and 1,1,1-trichloropropanone) – report as a group,

e. CP: chloropicrin,

f. CH: chloral hydrate,

g. TOX: total organic halides,

h. disinfectant residual,

i. total coliforms, fecal coliforms, or Escherichia coli,

j. Giardia, and

k. total culturable viruses.

2. The following provisions shall apply:

a. Treatment plants using chloramines shall report cyanogen chloride;

b. Treatment plants using hypochlorite solutions shall report chlorate;

c. Treatment plants using ozone shall report bromate and aldehydes; and

d. Treatment plants using chlorine dioxide shall report chlorine dioxide residual, chlorite, chlorate, bromate, and aldehydes.

3. As required by the 40 CFR 141.153, results for the above contaminants, if found in the finished water, shall be reported in the table of analytical results in consumer confidence reports in the same manner as the unregulated contaminants (average and range of detection.)

(g) Additional health information required by 40 CFR 141.154. In addition to the requirements of 40 CFR 141.154, systems shall include this additional health information when they:

1. Detect arsenic or nitrate at the MCL. Report the informational statements required by 40 CFR 141.154(b) or (c), respectively.

2. Detect TTHM at the MCL. Include in the report the informational statements required by 40 CFR 141.154(e).

(h) Educational Statement for Lead. If lead is detected above the action level in more than five percent, and up to and including ten percent of homes sampled, the system shall include in its CCR the language set forth in 40 CFR 141.154(d). Systems that collect fewer than 20 samples during each monitoring period do not have to include the educational statement for lead.

(i) Operation Violations. Systems with any of the problems listed in subparagraphs 1.-3., below, shall provide an explanation of the violation in their consumer confidence reports. The explanation shall include a description of the violation and its duration.

1. Certified Operator Requirement Violations. Systems that fail to maintain continuous usage of the services of an operator with the appropriate certification in accordance with rule 62-699.310, F.A.C.

2. Disinfectant Requirement Violations. Systems that treat their water and that have disinfectant concentrations of less than 0.2 ppm free chlorine or its equivalent at the entry points to their distribution systems in routine monitoring as recorded on their monthly operation reports for the calendar year previous to the year in which the CCR is due.

3. Cross Connection Control Requirement Violations. Systems that fail to adopt and implement a written cross connection control and backflow prevention program as required by rule 62-555.360, F.A.C.

(j) Table Format. All consumer confidence reports that are required to include a table of analytical results shall display these results in the same format and manner as shown in the FRWA/DEP CCR Template Instructions and Template, February 5, 2003, which is incorporated herein by reference and is available from the Department of Environmental Protection, Drinking Water Section, Mail Station 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. If reporting of analytical data is required, the reporting of these data shall appear in one or both of the following tables only: The main table of analytical results and the table of secondary contaminants analytical results.

a. The main table of analytical results shall contain only analytical results of detected regulated contaminants (i.e., contaminants subject to MCL, MRDL, TT, or AL requirements), and detected unregulated contaminants for which the USEPA requires monitoring under 40 CFR 141.40 (Unregulated Contaminant Monitoring) or 141.142 and 141.143 (Information Collection Rule.)

b. The table of secondary contaminants analytical results shall contain only analytical results for secondary contaminants where the highest single sample result exceeds the MCL.

2. Contaminants referenced in sub-subparagraph 1.a. above that were monitored but not detected shall not be included in the main table of analytical results or table of secondary contaminants analytical results. However, they may be reported in text outside the tables.

3. Violations. Violations and action levels exceeded shall be noted in the affirmative with either “Y” or “Yes” per the requirements in sub-subparagraphs a. and b. In addition to following the requirements of 40 CFR 141.153(d)(6), systems shall include:

a. The word “violations” in both the column heading of the main table of analytical results or the table of secondary contaminants analytical results and in the explanation located outside the main table of analytical results and table of secondary contaminants analytical results when reporting maximum contaminant level (MCL), maximum residual disinfectant level (MRDL), and treatment technique (TT) violations, and

b. The phrase “AL exceeded” in both the column heading of the main table of analytical results and in the explanation located outside the main table of analytical results and table of secondary contaminants analytical results when reporting the exceeding of action levels (AL) for lead or copper.

4. Contaminants for which there are secondary drinking water standards (MCLs) that were monitored but not detected shall not be included in the table of secondary contaminants analytical results, but may be reported in text outside the table.

5. The acronym “ND” means not detected and indicates that the substance was not found by laboratory analysis. ND does not mean zero, and zero shall not be used instead of ND where ND is the intended meaning. ND may be used in the main table of analytical results or the table of secondary contaminants analytical results only when:

a. Reporting the lower limit of a range of analytical results, or

b. Reporting the level detected for systems with multiple hydraulically independent distribution systems and separate columns for each service area.

(k) The CCR shall contain the explanation regarding contaminants which may reasonably be expected to be found in drinking water including bottled water presented in 40 CFR 141.153(h)(1)(i)-(iv) verbatim.

(l) Variances and exemptions. Community water systems operating under the terms of a variance or exemption issued by the state in accordance with rules 62-560.510 and 62-560.520, F.A.C., or Section 120.542, F.S., for the secondary contaminant MCLs listed in rule 62-550.320, F.A.C., or for the primary contaminant MCLs for nickel and sodium listed in subsection 62-550.310(1), F.A.C., shall include in their CCRs:

1. An explanation of the reasons for the variance or exemption;

2. The date on which the variance or exemption was issued;

3. A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and

4. A notice of any opportunity for public input in the review or renewal of the variance or exemption.

(2) Use of Language Other Than English. Under 40 CFR 141.153(h)(3), where the proportion of non-English speaking residents served by the system exceeds 20 percent of the total number of consumers served by the system, consumer confidence reports shall contain: information in the appropriate language(s) regarding the nature and importance of the report and a telephone number or address where such residents may contact the system to obtain a translated copy of the report or assistance in understanding the report. A statement to this effect shall be included in the report immediately after the title of the report.

(3) Report Delivery and Recordkeeping. These rules provide additional requirements to those in 40 CFR 141.155.

(a) Existing systems shall deliver their second CCR reports by July 1, 2000, and subsequent reports by July 1 annually thereafter. A new community water system activated after January 1, 1998, shall deliver its first report by July 1 of the year after its first full calendar year in operation and annually thereafter.

(b) A community water system that sells water to another community water system shall deliver the applicable information required in 40 CFR 141.153 to the buyer system by April 1, 2000, and by April 1 annually thereafter, or on a date mutually agreed upon by the seller system and the buyer system, and specifically included in a contract between the parties.

(c) Distribution Via the Internet. In accordance with 40 CFR 141.155(f), each community water system serving 100,000 or more persons shall post its current year’s CCR on a publicly accessible Internet site annually beginning July 1 for a period of no less than one year, and shall provide the Department with information on the appropriate Internet link(s) to its CCR using Form 62-555.900(19), F.A.C.

(d) Mailing Requirements. All systems shall mail or otherwise directly deliver one copy of their consumer confidence report to each billing customer. A community water system that sells water to another community water system need not deliver or mail its CCR to the buyer system if it has furnished the required consumer confidence information to the buyer system in accordance with paragraph 62-550.824(3)(b), F.A.C. Systems must make a good faith effort to reach all consumers, using one or more of the methods listed in Form 62-555.900(19), Certification of Delivery of Consumer Confidence Report, hereby adopted and incorporated by reference, effective date 4-10-03. Copies of this form are available from the Department of Environmental Protection, Drinking Water Section, M.S. 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. Mailing Waiver. In accordance with 40 CFR 141.155(g), the State of Florida waives the requirement that community water systems serving fewer than 10,000 persons mail or directly deliver to each billing customer their consumer confidence reports provided that the systems have not had any MCL or monitoring and reporting (M/R) violations, nor have been issued formal Notices of Violations (NOVs), Consent Orders, Administrative Orders, or court-ordered civil actions during the year covered by the CCR.

2. The Department will notify systems that are ineligible for a mailing waiver in writing no later than April 1 annually.

a. Community water systems serving fewer than 10,000 persons that have been granted a mailing waiver shall publish their CCRs due July 1 of the current year in local newspapers, and shall do so at least once each year no later than July 1 of that same year.

b. In lieu of the requirement set forth in sub-subparagraph a. above, community water systems serving 500 or fewer persons that have been granted mailing waivers and that elect to post notice(s) that the CCR is not being sent out but is available upon request, may post their notices in publicly accessible areas such as community bulletin boards for a period of no less than 30 days beginning no later than July 1 of that same year annually.

c. Prior to the CCR’s publication date(s) in a local newspaper, community water systems granted mailing waivers shall notify customers of the publication date(s), and shall inform customers that a copy of the CCR will not be mailed to them individually.

(e) Reporting.

1. Systems shall demonstrate compliance with the reporting requirements of 40 CFR 141.155(c) by:

a. Sending a copy of their consumer confidence report to the appropriate office of the Department no later than the date the system is required to distribute the report to its customers, and

b. Sending to the appropriate office of the Department a certification that the report has been distributed, that the information is correct, and that the information is consistent with compliance monitoring data. The certification must be sent by August 10 annually. When reporting compliance with these requirements, systems shall use Form 62-555.900(19), Certification of Delivery of Consumer Confidence Report, and may transmit the form via electronic mail. Copies of this form are available from the Department of Environmental Protection, Drinking Water Section, M.S. 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This form includes documentation of the methods used by systems to distribute their consumer confidence reports.

2. Systems supplying water to other systems shall:

a. Send a copy of the information required by 40 CFR 141.153 or the complete consumer confidence report provided to the buyer system to the appropriate office of the Department no later than the date the system is required to furnish the buyer with the information, and

b. Send to the appropriate office of the Department a certification that the information or report has been furnished to the buyer system, that the information is correct, and that the information is consistent with compliance monitoring data. The certification must be sent by April 10 annually or within 10 days after the date that the system is required to furnish its report or information to its buyer. Systems shall use Form 62-555.900(21), Certification of Delivery of Consumer Confidence Information to Supplied System, hereby adopted and incorporated by reference, effective date 4-10-03 when reporting compliance with these reporting requirements and may transmit the form via electronic mail. Copies of this form are available from the Department of Environmental Protection, Drinking Water Section, M.S. 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

3. Each system shall send an informational copy of its consumer confidence report to its county health department if not sent under sub-subparagraph 62-550.824 (3)(e)1.a., F.A.C.

4. Systems regulated by the Florida Public Service Commission (PSC) shall send an informational copy of their consumer confidence reports to the PSC headquarters office no later than the date they mail the reports to the appropriate office of the Department. The address of the PSC headquarters office is: Division of Water and Wastewater, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850.

5. The font size of all printed text in consumer confidence reports shall be 8 point or larger.

6. If the Department finds that a system’s consumer confidence report is not in compliance with the requirements of this section, the Department shall notify the system in writing specifying any changes that must be made. The system shall modify and redistribute its consumer confidence report and resubmit the report to the Department and certify its delivery using Form 62-555.900(19) within 90 days of receipt of the Department’s notification.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(3), (4), 403.861(9) FS. History–New 9-22-99, Amended 8-1-00, 11-27-01, 4-10-03, 12-30-11, 7-7-15.

Fla. Admin. Code R. 62-550.828 Ground Water Rule

(1) The requirements contained in the July 1, 2014, edition of 40 C.F.R. Part 141, Subpart S (Sections 141.400 through 141.405) (http://www.flrules.org/Gateway/Reference.asp?No=Ref-05591), are adopted and incorporated herein by reference and are enforceable under this rule, except the following regulations are not adopted or incorporated in this rule: 40 C.F.R. §§141.400(c)(5), 141.402(e)(2), 141.402(f), and 141.403(a)(7)(iii). This subsection shall be effective on July 7, 2015.

(2) In addition to the public notification requirements in Part IV of Chapter 62-560, F.A.C., the following public notification requirements are adopted and incorporated herein by reference and are enforceable under this rule:

(a) In the July 1, 2015, edition of 40 C.F.R. §141.202 (http://www.flrules.org/Gateway/Reference.asp?No=Ref-07215), the Tier 1 public notice requirements pertaining to detection of E. coli, enterococci, or coliphage in source water samples required under 40 C.F.R. §§141.402(a) and 141.402(b) (July 1, 2014), which are incorporated by reference in subsection 62-550.828(1), F.A.C.

(b) In the July 1, 2015, edition of 40 C.F.R. §141.203 (http://www.flrules.org/Gateway/Reference.asp?No=Ref-07220), the Tier 2 public notice requirements pertaining to failure to take corrective action or failure to maintain at least 4-log treatment of viruses before or at the first customer under 40 C.F.R. §141.403(a) (July 1, 2014), which is incorporated by reference in subsection 62-550.828(1), F.A.C.

TABLE 1

MAXIMUM CONTAMINANT LEVELS FOR INORGANIC COMPOUNDS

FEDERAL CONTAMINANT ID NUMBER

CONTAMINANT

MCL (mg/L)

1074

Antimony

0.006

1005

Arsenic

0.05 through 12/31/2004

0.010 on and after 01/01/2005

1094

Asbestos

7 MFL

1010

Barium

2

1075

Beryllium

0.004

1015

Cadmium

0.005

1020

Chromium

0.1

1024

Cyanide (as free Cyanide)

0.2

1025

Fluoride

4.0

1030

Lead

0.015

1035

Mercury

0.002

1036

Nickel

0.1

1040

Nitrate

10 (as N)

1041

Nitrite

1 (as N)

Total Nitrate and Nitrite

10 (as N)

1045

Selenium

0.05

1052

Sodium

160

1085

Thallium

0.002

Abbreviations Used: MCL = maximum contaminant level;

MFL = million fibers per liter (longer than 10 micrometers);

mg/L = milligrams per liter.

TABLE 2

MAXIMUM RESIDUAL DISINFECTANT LEVELS

FEDERAL CONTAMINANT ID NUMBER

DISINFECTANT RESIDUAL

MRDL (mg/L)

1012

Chlorine

4.0 (as Cl2)

1006

Chloramines

4.0 (as Cl2)

1008

Chlorine Dioxide

0.8 (as ClO2)

Abbreviations Used: mg/L = milligrams per liter;

MRDL = maximum residual disinfectant level.

TABLE 4

MAXIMUM CONTAMINANT LEVELS FOR VOLATILE ORGANIC CONTAMINANTS

FEDERAL CONTAMINANT ID NUMBER

CONTAMINANT & (CAS NUMBER)

MCL (mg/L)

2977

1,1-Dichloroethylene (75-35-4)

0.007

2981

1,1,1-Trichloroethane (71-55-6)

0.2

2985

1,1,2-Tricholoroethane (79-00-5)

0.005

2980

1,2-Dichloroethane (107-06-2)

0.003

2983

1,2-Dichloropropane (78-87-5)

0.005

2378

1,2,4-Tricholorobenzene (120-82-1)

0.07

2990

Benzene (71-43-2)

0.001

2982

Carbon tetrachloride (56-23-5)

0.003

2380

cis-1,2-Dichloroethylene (156-59-2)

0.07

2964

Dichloromethane (75-09-2)

0.005

2992

Ethylbenzene (100-41-4)

0.7

2989

Monochlorobenzene (108-90-7)

0.1

2968

o-Dichlorobenzene (95-50-1)

0.6

2969

para-Dichlorobenzene (106-46-7)

0.075

2996

Styrene (100-42-5)

0.1

2987

Tetrachloroethylene (127-18-4)

0.003

2991

Toluene (108-88-3)

1

2979

trans-1,2-Dichloroethylene (156-60-5)

0.1

2984

Trichloroethylene (79-01-6)

0.003

2976

Vinyl chloride (75-01-4)

0.001

2955

Xylenes (total) (1330-20-7)

10

Abbreviations used: CAS Number = Chemical Abstract System Number;

MCL = maximum contaminant level;

mg/L = milligrams per liter.

TABLE 5

MAXIMUM CONTAMINANT LEVELS FOR SYNTHETIC ORGANIC CONTAMINANTS

FEDERAL CONTAMINANT ID NUMBER

CONTAMINANT & (CAS NUMBER)

MCL (mg/L)

Regulatory Detection Limit (mg/L)

2063

2,3,7,8-TCDD (Dioxin) (1746-01-6)

3 X 10-8

5 x 10-9

2105

2,4-D (94-75-7)

0.07

0.0001

2110

2,4,5-TP (Silvex) (93-72-1)

0.05

0.0002

2051

Alachlor (15972-60-8)

0.002

0.0002

2050

Atrazine (1912-24-9)

0.003

0.0001

2306

Benzo(a)pyrene (50-32-8)

0.0002

0.00002

2046

Carbofuran (1563-66-2)

0.04

0.0009

2959

Chlordane (57-74-9)

0.002

0.0002

2031

Dalapon (75-99-0)

0.2

0.001

2035

Di(2-ethylhexyl)adipate (103-23-1)

0.4

0.0006

2039

Di(2-ethylhexyl)phthalate (117-81-7)

0.006

0.0006

2931

Dibromochloropropane (DBCP) (96-12-8)

0.0002

0.00002

2041

Dinoseb (88-85-7)

0.007

0.0002

2032

Diquat (85-00-7)

0.02

0.0004

2033

Endothall (145-73-3)

0.1

0.009

2005

Endrin (72-20-8)

0.002

0.00001

2946

Ethylene dibromide (EDB) (106-93-4)

0.00002

0.00001

2034

Glyphosate (1071-83-6)

0.7

0.006

2065

Heptachlor (76-44-8)

0.0004

0.00004

2067

Heptachlor epoxide (1024-57-3)

0.0002

0.00002

2274

Hexachlorobenzene (118-74-1)

0.001

0.0001

2042

Hexachlorocyclopentadiene (77-47-4)

0.05

0.0001

2010

Lindane (58-89-9)

0.0002

0.00002

2015

Methoxychlor (72-43-5)

0.04

0.0001

2036

Oxamyl (vydate) (23135-22-0)

0.2

0.002

2326

Pentachlorophenol (87-86-5)

0.001

0.00004

2040

Picloram (1918-02-1)

0.5

0.0001

2383

Polychlorinated biphenyls (PCBs)

0.0005

0.0001

2037

Simazine (122-34-9)

0.004

0.00007

2020

Toxaphene (8001-35-2)

0.003

0.001

Abbreviations used: CAS Number = Chemical Abstract System Number;

MCL = maximum contaminant level;

mg/L = milligrams per liter.

NOTE: The Detection Limits listed in this table become effective January 22, 2004.

TABLE 6

SECONDARY DRINKING WATER STANDARDS

FEDERAL CONTAMINANT ID NUMBER

CONTAMINANT

SMCL (mg/L)*

1002

Aluminum

0.2

1017

Chloride

250

1022

Copper

1

1025

Fluoride

2.0

1028

Iron

0.3

1032

Manganese

0.05

1050

Silver

0.1

1055

Sulfate

250

1095

Zinc

5

1905

Color

15 color units

1920

Odor**

3 (threshold odor number)

1925

pH

6.5 - 8.5

1930

Total Dissolved Solids

500

2905

Foaming Agents

0.5

Abbreviations Used: SMCL = maximum contaminant level;

mg/L = milligrams per liter.

*Except color, odor, and pH.

**For purpose of compliance with ground water quality secondary standards, as referenced in Chapter 62-520, F.A.C., levels of ethylbenzene exceeding 30 micrograms per liter, toluene exceeding 40 micrograms per liter, or xylenes exceeding 20 micrograms per liter shall be considered equivalent to exceeding the drinking water secondary standard for odor.

TABLE 7: MONITORING FREQUENCIES AND LOCATIONS (6/24/2014)

See 40 C.F.R. Part 141, Subpart V, which is incorporated by reference in

Rule 62-550.822, F.A.C., for Stage 2 disinfection byproducts monitoring frequencies and locations.

CONTAMINANT OR DISINFECTANT RESIDUAL GROUP

APPLICABILITY

INITIAL OR ROUTINE MONITORING

TRIGGER THAT INCREASES MONITORING

INCREASED MONITORING

TRIGGER THAT REDUCES MONITORING

REDUCED MONITORING

MONITORING LOCATION(S)

GW SYSTEMS

SUBPART H SYSTEMS

GW SYSTEMS

SUBPART H SYSTEMS

GW SYSTEMS

SUBPART H SYSTEMS

ASBESTOS

RULE 62-550.511

CWSs, NTNCWSs

1 SAMPLE EVERY 9 YEARS

SAMPLE > MCL

1 SAMPLE QUARTERLY

SYSTEM NOT SUSCEPTIBLE

NO SAMPLING REQUIRED

NOTE 1

NITRATE & NITRITE

RULES 62-550.500(5) & 62-550.512

CWSs, NTNCWSs

1 SAMPLE ANNUALLY

1 SAMPLE QUARTERLY

GW SYS. WITH SAMPLE ( 50% OF MCL

1 SAMPLE QUARTERLY

---

SUBPART H SYS. WITH EACH OF 4 MOST RECENT QUARTERLY SAMPLES ( 50% OF MCL

---

1 SAMPLE ANNUALLY DURING QUARTER WITH HIGHEST RESULT

EVERY ENTRY POINT TO DIST. SYS. DURING NORMAL OPERATING CONDITIONS

TWSs

1 SAMPLE ANNUALLY

NITRATE SAMPLE ( MCL OR NITRITE SAMPLE ( 50% OF MCL

1 SAMPLE QUARTERLY

---

---

INORGANICS

RULES 62-550.500(5) & 62-550.513

CWSs, NTNCWSs

1 SAMPLE EVERY 3 YEARS

1 SAMPLE ANNUALLY

SAMPLE > MCL

1 SAMPLE QUARTERLY

FOUR CONSECUTIVE QUARTERS < MCL

SEE ROUTINE MONITORING

EVERY ENTRY POINT TO DIST. SYS. DURING NORMAL OPERATING CONDITIONS

CHLORINE & CHLORAMINES

RULES 62-550.514(1) & 62-550.821

CWSs/NTNCWSs ADDING CHLORINE OR CHLORAMINES

MULTIPLE SAMPLES MONTHLY; SEE NOTE 2

---

---

---

---

NOTE 2

CHLORINE DIOXIDE

RULES 62-550.514(1) &

62-550.821

CWSs/NTNCWSs/TWSs ADDING CHLORINE DIOXIDE

1 SAMPLE DAILY

SAMPLE > MCL

ADDITIONAL 3-SAMPLE SET THE FOLLOWING DAY

---

---

NOTE 3

TOTAL TRIHALOMETHANES & HALOACETIC ACIDS (FIVE) - STAGE 1 MCLs

RULES 62-550.514(2)

& 62-550.821

CWSs/NTNCWSs ADDING A DISINFECTANT & SERVING ( 10,000 PERSONS

1 SAMPLE PER TREATMENT PLANT QUARTERLY

4 SAMPLES PER TREATMENT PLANT QUARTERLY

---

---

GW SYS. WITH ANNUAL AVG. TTHM & HAA5 ( 50% OF MCL; SUBPART H SYS. WITH ANNUAL AVG. SOURCE-WATER TOC ( 4.0 MG/L & ANNUAL AVG. TTHM & HAA5 ( 50% OF MCL

1 SAMPLE PER TREATMENT PLANT ANNUALLY DURING MONTH OF WARMEST WATER TEMP.

1 SAMPLE PER TREATMENT PLANT QUARTERLY

NOTE 4

CWSs/NTNCWSs ADDING A DISINFECTANT & SERVING 500 to 9,999 PERSONS

1 SAMPLE PER TREAT-MENT PLANT Annually DURING MONTH OF WARMEST WATER TEMP.

1 SAMPLE PER TREAT-

MENT PLANT Quarterly

GW SYS. WITH AVG. OF ANNUAL SAMPLES > MCL

1 SAMPLE PER TREAT-MENT PLANT Quarterly

---

GW SYS. WITH ANNUAL AVG. TTHM & HAA5 ( 50% OF MCL FOR 2 CONSECUTIVE YEARS OR ( 25% OF MCL FOR 1 YEAR; SUBPART H SYS. WITH ANNUAL AVG. SOURCE-WATER TOC ( 4.0 MG/L & ANNUAL AVG. TTHM & HAA5 ( 50% OF MCL

1 SAMPLE PER TREAT-MENT PLANT EVERY 3 YEARS DURING MONTH OF WARMEST WATER TEMP.

1 SAMPLE PER TREATMENT PLANT ANNUALLY DURING MONTH OF WARMEST WATER TEMP.

CWSs/NTNCWSs ADDING A DISINFECTANT & SERVING < 500 PERSONS

1 SAMPLE PER TREATMENT ANNUALLY DURING MONTH OF WARMEST WATER TEMP.

AVG. OF ANNUAL SAMPLES > MCL

1 SAMPLE PER TREATMENT PLANT QUARTERLY

GW SYS. WITH ANNUAL AVG. TTHM & HAA5 ( 50% OF MCL FOR 2 CONSECUTIVE YEARS OR ( 25% OF MCL FOR 1 YEAR

---

CHLORITE - STAGE 1 MCL

RULES 62-550.514(2)

& 62-550.821

CWSs/NTNCWSs ADDING CHLORINE DIOXIDE

1 SAMPLE DAILY

SAMPLE > MCL

ADDITIONAL 3-SAMPLE SET THE FOLLOWING DAY

---

---

NOTE 5

3-SAMPLE SET MONTHLY

---

---

NO INDIVIDUAL ENTRY-POINT OR DIST. SYS. SAMPLE > MCL FOR 1 YEAR

3-SAMPLE SET QUARTERLY

BROMATE - STAGE 1 MCL

RULES 62-550.514(2)

& 62-550.821

CWSs/NTNCWSs ADDING OZONE

1 SAMPLE PER TREATMENT PLANT MONTHLY

---

---

ANNUAL AVG. SOURCE-WATER BROMIDE ( 0.05 MG/L BASED UPON MONTHLY MEASUREMENTS

1 SAMPLE PER TREATMENT PLANT QUARTERLY

ENTRANCE TO DIST. SYS. UNDER NORMAL OPERATING CONDITIONS

VOLATILE ORGANICS

RULES 62-550.500(5) &

62-550.515

CWSs, NTNCWSs

4 CONSECUTIVE QUARTERLY SAMPLES EVERY 3 YEARS OR, IF AUTHORIZED, 1 SAMPLE ANNUALLY; SEE NOTE 6

DETECTION OF ANY VOC AT ( 0.0005 MG/L

1 SAMPLE QUARTERLY

GW SYS. WITH NO DETECTION OF ANY VOC DURING 3 YEARS OF ANNUAL SAMPLING

1 SAMPLE EVERY 3 YEARS

---

NOTE 7

SYNTHETIC ORGANICS

RULES 62-550.500(5) &

62-550.516

CWSs/NTNCWSs SERVING ( 3,300 PERSONS

4 CONSECUTIVE QUARTERLY SAMPLES EVERY 3 YEARS

DETECTION OF ANY SOC

1 SAMPLE QUARTERLY

NO DETECTION OF ANY SOC DURING INITIAL COMPLIANCE PERIOD

2 QUARTERLY SAMPLES IN THE SAME YEAR EVERY 3 YEARS

NOTE 7

CWSs/NTNCWSs SERVING ( 3,300 PERSONS

1 SAMPLE EVERY 3 YEARS

MICROBIOLOGICAL CONTAMINANTS

RULE 62-550.518

CWSs, NTNCWSs, TWSs SERVING > 1,000 PERSONS

MULTIPLE SAMPLES MONTHLY; SEE NOTE 8

TOTAL

COLIFORM

POSITIVE SAMPLE

NOTE 9

---

---

SITES REFLECTING WATER THROUGHOUT DIST. SYS.

TWSs SERVING ( 1,000 PERSONS

2 SAMPLES QUARTERLY

2 SAMPLES MONTHLY

SECONDARY CONTAMINANTS

RULES 62-550.500(5) &

62-550.520

CWSs

1 SAMPLE EVERY 3 YEARS

---

---

---

---

EVERY ENTRY POINT TO DIST. SYS. DURING NORMAL OPERATING CONDITIONS

GROSS ALPHA, RADIUM-226, RADIUM-228, & URANIUM

RULE 62-550.519(1)

CWSs

INITIAL MONITORING IS 4 CONSECUTIVE QUARTERLY SAMPLES

ROUTINE MONITORING IS 1 SAMPLE EVERY 3 YEARS

NOTE 10

SAMPLE > MCL

OR

IF MONITORING ONCE EVERY 6 YEARS, A SAMPLE RESULT > 1/2 MCL

OR

IF MONITORING ONCE EVERY 9 YEARS, A SAMPLE RESULT ≥ DETECTION LIMIT

1 SAMPLE QUARTERLY WHEN PREVIOUS SAMPLE RESULT IS > MCL

OR

IF SAMPLING EVERY 9 YEARS AND THE SAMPLE IS ( MCL BUT > 1/2 MCL, SAMPLE EVERY 6 YEARS; OR IF SAMPLE IS ≥ DETECTION LIMIT BUT ( 1/2 MCL

OR

IF SAMPLING EVERY 6 YEARS AND THE SAMPLE IS > 1/2 MCL BUT ( MCL, SAMPLE EVERY 3 YEARS

AVERAGE OF INITIAL MONITORING SAMPLES OR LAST REDUCED MONITORING SAMPLE

< DETECTION LIMIT

1 SAMPLE EVERY 9 YEARS

EVERY ENTRY POINT TO DIST. SYS. DURING NORMAL OPERATING CONDITIONS

DETECTION LIMIT ( AVERAGE OF INITIAL MONITORING SAMPLES OR LAST REDUCED MONITORING SAMPLE ( 1/2 MCL

1 SAMPLE EVERY 6 YEARS

NTNCs

ROUTINE MONITORING IS 1 SAMPLE EVERY 6 YEARS

NOTE 10

SAMPLE > MCL

OR

IF MONITORING ONCE EVERY 9 YEARS, A SAMPLE RESULT > ½ MCL

1 SAMPLE QUARTERLY WHEN PREVIOUS SAMPLE

RESULT IS > MCL

OR

IF SAMPLING EVERY 9 YEARS AND THE SAMPLE IS > ½ MCL BUT ( MCL, SAMPLE EVERY 6 YEARS

AVERAGE OF QUARTERLY MONITORING SAMPLES OR LAST MONITORING SAMPLE <

DETECTION LIMIT

NO FURTHER MONITORING REQUIRED

AVERAGE OF INITIAL MONITORING SAMPLES OR LAST REDUCED MONITORING SAMPLE ( 1/2 MCL AND > DETECTION LIMIT

1 SAMPLE

EVERY 9 YEARS

BETA PARTICLE & PHOTON RADIOACTIVITY

RULE 62-550.519(2)

CWSs DESIGNATED AS VULNERABLE

1 SAMPLE QUARTERLY FOR GROSS BETA & 1 SAMPLE ANNUALLY FOR TRITIUM & STRONTIUM-90

SAMPLE > MCL

1 SAMPLE MONTHLY FOR GROSS BETA, TRITIUM, & STRONTIUM-90

ANNUAL AVERAGE OF GROSS BETA MINUS POTASSIUM-40 ( 50 pCi/L

1 SAMPLE EVERY 3 YEARS FOR GROSS BETA, TRITIUM, & STRONTIUM-90

EVERY ENTRY POINT TO DIST. SYS. DURING NORMAL OPERATING CONDITIONS

CWSs DESIGNATED AS UTILIZING WATERS CONTAMINATED BY EFFLUENTS FROM NUCLEAR FACILITIES

QUARTERLY FOR GROSS BETA & IODINE-131 & ANNUALLY FOR TRITIUM & STRONTIUM-90; SEE NOTE 11

QUARTERLY RESULT FOR GROSS BETA OR IODINE-131 > MCL; ANNUAL RESULT FOR TRITIUM OR STRONTIUM-90 > MCL

MONTHLY FOR GROSS BETA, IODINE-131, TRITIUM, & STRONTIUM-90

ANNUAL AVERAGE OF GROSS BETA MINUS POTASSIUM-40 ( 15 pCi/L

EVERY 3 YEARS FOR GROSS BETA, IODINE-131, TRITIUM, & STRONTIUM-90

TABLE 8: INITIAL OR ROUTINE MONITORING SCHEDULE (6/24/2014)

REFERENCE SUBSECTION 62-550.500(3), F.A.C.

Under initial or routine monitoring, public water systems shall take required samples during the time period specified below.

See 40 C.F.R. Part 141, Subpart V, which is incorporated by reference in Rule 62-550.822, F.A.C., for the Stage 2 disinfection byproducts routine monitoring schedule.

CONTAMINANT OR DISINFECTANT RESIDUAL GROUP

COMMUNITY WATER SYSTEMS SERVING MORE THAN 3,300 PEOPLE

COMMUNITY WATER SYSTEMS SERVING 3,300 OR FEWER PEOPLE

NON-TRANSIENT NON-COMMUNITY WATER SYSTEMS

TRANSIENT NON-COMMUNITY WATER SYSTEMS

ASBESTOS

RULES 62-550.500(3) & 62-550.511

FIRST YEAR OF EACH NINE-YEAR COMPLIANCE CYCLE

SECOND YEAR OF EACH NINE-YEAR COMPLIANCE CYCLE

THIRD YEAR OF EACH NINE-YEAR COMPLIANCE CYCLE

NOT REQUIRED

NITRATES AND NITRITES

RULES 62-550.500(3)

& 62-550.512

GROUND WATER SYSTEMS

ANNUALLY

SUBPART H SYSTEMS

QUARTERLY

ANNUALLY

INORGANICS

RULES 62-550.500(3)

& 62-550.513

GROUND WATER SYSTEMS

FIRST YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD

SECOND YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD

THIRD YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD

NOT REQUIRED

SUBPART H SYSTEMS

ANNUALLY

NOT REQUIRED

CHLORINE & CHLORAMINES

RULES 62-550.514(1) & 62-550.821

MONTHLY FOR SYSTEMS ADDING CHLORINE OR CHLORAMINES

NOT REQUIRED

CHLORINE DIOXIDE

RULES 62-550.514(1) & 62-550.821

DAILY FOR SYSTEMS ADDING CHLORINE DIOXIDE

TOTAL TRIHALOMETHANES & HALOACETIC ACIDS (FIVE) – STAGE 1 MCL

RULES 62-550.500(3),

550.514(2), & 62-550.821

GROUND WATER SYSTEMS

QUARTERLY FOR SYSTEMS ADDING A DISINFECTANT & SERVING ( 10,000 PEOPLE & ANNUALLY DURING MONTH OF WARMEST WATER TEMPERATURE FOR SYSTEMS ADDING A DISINFECTANT & SERVING ( 10,000 PEOPLE

ANNUALLY DURING MONTH OF WARMEST WATER TEMPERATURE FOR SYSTEMS ADDING A DISINFECTANT

QUARTERLY FOR SYSTEMS ADDING A DISINFECTANT & SERVING ( 10,000 PEOPLE & ANNUALLY DURING MONTH OF WARMEST WATER TEMPERATURE FOR SYSTEMS ADDING A DISINFECTANT & SERVING ( 10,000 PEOPLE

NOT REQUIRED

SUBPART H SYSTEMS

QUARTERLY FOR SYSTEMS ADDING A DISINFECTANT

QUARTERLY FOR SYSTEMS ADDING A DISINFECTANT & SERVING ( 500 PEOPLE & ANNUALLY DURING MONTH OF WARMEST WATER TEMPERATURE FOR SYSTEMS ADDING A DISINFECTANT & SERVING ( 500 PEOPLE

NOT REQUIRED

CHLORITE – STAGE 1 MCL

RULES 62-550.514(2) & 62-550.821

DAILY AT ENTRANCE TO DISTRIBUTION SYSTEM & MONTHLY IN DISTRIBUTION SYSTEM FOR SYSTEMS ADDING CHLORINE DIOXIDE

NOT REQUIRED

BROMATE – STAGE 1 MCL

RULES 62-550.514(2) & 62-550.821

MONTHLY FOR SYSTEMS ADDING OZONE

NOT REQUIRED

VOLATILE ORGANICS

RULES 62-550.500(3) & 62-550.515

QUARTERLY OR, IF AUTHORIZED, ANNUALLY DURING THE FIRST YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD

QUARTERLY OR, IF AUTHORIZED, ANNUALLY DURING THE SECOND YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD

QUARTERLY OR, IF AUTHORIZED, ANNUALLY DURING THE THIRD YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD

NOT REQUIRED

SYNTHETIC ORGANICS

RULES 62-550.500(3) & 62-550.516

QUARTERLY DURING THE FIRST YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD. UNLESS REDUCED MONITORING IS AUTHORIZED

QUARTERLY DURING THE SECOND YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD. UNLESS REDUCED MONITORING IS AUTHORIZED

QUARTERLY DURING THE THIRD YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD UNLESS REDUCED MONITORING IS AUTHORIZED

NOT REQUIRED

MICROBIOLOGICAL CONTAMINANTS

RULES 62-550.500(3)

& 62-550.518

GROUND WATER SYSTEMS

MONTHLY

MONTHLY FOR SYSTEMS SERVING ( 1,000 PEOPLE & QUARTERLY FOR SYSTEMS SERVING ( 1,000 PEOPLE

SUBPART H SYSTEMS

MONTHLY

GROSS ALPHA, RADIUM-226, RADIUM-228 & URANIUM

RULES 62-550.500(3) & 62-550.519

ROUTINE MONITORING OCCURS DURING FIRST YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD UNLESS REDUCED MONITORING IS APPROVED

ROUTINE MONITORING OCCURS DURING SECOND YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD UNLESS REDUCED MONITORING IS APPROVED

ROUTINE MONITORING OCCURS DURING THIRD YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD UNLESS REDUCED MONITORING IS APPROVED

NOT REQUIRED

BETA PARTICLE & PHOTON RADIOACTIVITY

RULES 62-550.500(3)

& 62-550.519

QUARTERLY/ANNUALLY FOR SYSTEMS DESIGNATED AS VULNERABLE OR UTILIZING WATERS CONTAMINATED BY EFFLUENTS FROM NUCLEAR FACILITIES

NOT REQUIRED

NOT REQUIRED

SECONDARY CONTAMINANTS

RULES 62-550.500(3) & 62-550.520

FIRST YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD

SECOND YEAR OF EACH THREE-YEAR COMPLIANCE PERIOD

NOT REQUIRED

NOT REQUIRED

NOTE 1: Systems susceptible to asbestos contamination due solely to corrosion of asbestos-cement pipe shall sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur. Systems susceptible to asbestos contamination due solely to source water shall monitor at every entry point to the distribution system during normal operating conditions. Systems susceptible to asbestos contamination due to both source water and corrosion of asbestos-cement pipe shall sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

NOTE 2: Systems shall measure the residual disinfectant level at the same locations in the distribution system where, and at the same time when, total coliforms are sampled.

NOTE 3: Systems shall take routine daily samples at the entrance to the distribution system. Systems shall take additional three-sample sets in the distribution system at the following locations:

(a) If chloramines are used to maintain a disinfectant residual in the distribution system or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfection points after the entrance to the distribution system (i.e., no booster chlorination), the system shall take three samples as close to the first customer as possible at intervals of at least six hours.

(b) If chlorine is used to maintain a disinfectant residual in the distribution system and there are one or more disinfectant addition points after the entrance to the distribution system (i.e., booster chlorination), the system shall take one sample at each of the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible.

NOTE 4: Systems taking one sample shall take the sample at a location reflecting maximum residence time in the distribution system. Systems taking more than one sample shall take at least 25% of the samples at locations representing maximum residence time of the water in the distribution system and shall take the remaining samples at locations representing at least average residence time in the distribution system and representing the entire distribution system, taking into account number of persons served, different sources of water, and different treatment methods.

NOTE 5: Systems shall take routine daily samples at the entrance to the distribution system. Systems shall take routine monthly or additional three-set samples in the distribution system; each three-set sample shall consist of one sample at each of the following locations: a location as close to the first customer as possible, a location representative of average residence time, and a location reflecting maximum residence time in the distribution system.

NOTE 6: For initial base point monitoring, systems shall take four consecutive quarterly samples during the first three-year compliance period. If a system does not detect any VOC, it shall take one sample annually beginning with the next three-year compliance period.

NOTE 7: During the first quarter of initial base point monitoring, GW systems shall take a minimum of one sample that is representative of each well. Under all other circumstances, systems shall sample at every entry point to the distribution system during normal operating conditions.

NOTE 8: The minimum number of samples shall be as set forth in Rule 62-550.518(2), F.A.C.

NOTE 9: Systems shall conduct repeat monitoring in accordance with Rule 62-550.518(7), F.A.C., and systems that routinely collect fewer than five samples per month shall collect at least five samples during the next month the system provides water to the public.

NOTE 10: The Department shall waive the final two quarters of initial monitoring for a sampling point if the results of the samples from the previous two quarters are below the regulatory detection limit. Additionally, under the conditions described in Rule 62-550.519(1)(c), F.A.C., historical data may be used to satisfy initial monitoring requirements.

NOTE 11: Quarterly monitoring for gross beta shall be based on the analysis of monthly samples or the analysis of a composite of three monthly samples. For iodine-131, a composite of five consecutive daily samples shall be analyzed once each quarter. Annual monitoring for tritium and strontium-90 shall be conducted by means of the analysis of a composite of four consecutive quarterly samples or analysis of four quarterly samples.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.852(12), 403.853(1), (3), (4), (7), 403.861(16), (17) FS. History–New 12-30-11, Amended 7-7-15, 8-5-16.

Fla. Admin. Code R. 62-550.830 Revised Total Coliform Rule

(1) The requirements contained in 40 C.F.R. Part 141, Subpart Y (Sections 141.851 through 141.861), revised as of July 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-05605),* are adopted and incorporated herein by reference and are enforceable under this rule, except 40 C.F.R. §§141.855(c) through (f) are not adopted or incorporated in this rule. This introductory text shall be effective on July 7, 2015.

(2) In addition to the public notification requirements in rules 62-560.400, 62-560.410, 62-560.430, and 62-560.440, F.A.C., the following public notification requirements are adopted and incorporated herein by reference and are enforceable under this rule:

(a) The Tier 1 public notice requirements in 40 C.F.R. §141.202, revised as of July 1, 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07215), pertaining to a violation of the MCL for E. coli as specified in paragraph 62-550.310(5)(d), F.A.C. A system is in compliance with the MCL for E. coli for samples taken under the provisions of 40 C.F.R. Part 141, Subpart Y, which is incorporated by reference in rule 62-550.830, F.A.C., unless any of the conditions specified in paragraph 62-550.310(5)(d), F.A.C., occur.

(b) In the July 1, 2015, edition of 40 C.F.R. §141.203(b)(2) (http://www.flrules.org/Gateway/reference.asp?No=Ref-07217), the requirement that the Department shall not approve a repeat frequency of less often than every three months for an MCL or treatment technique violation under the Total Coliform Rule or Subpart Y of 40 C.F.R. Part 141 (which is incorporated by reference in subsection 62-550.830(1), F.A.C.)

(c) In the July 1, 2015, edition of 40 C.F.R. §141.204 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07221), the Tier 3 public notice requirements pertaining to reporting and recordkeeping violations under 40 C.F.R §141.861 (July 1, 2014), which is incorporated by reference in subsection 62-550.830(1), F.A.C.

*The U.S. Environmental Protection Agency has identified an error in 40 C.F.R. §141.857(d), where the correct cross reference should be to paragraph (b) instead of paragraph (a), and an error in 40 C.F.R. §141.858(a)(1), where the correct word after §§141.854 should be “through” instead of “though.”

History

• Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), (7), 403.861(16), (17) FS. History–New 7-7-15, Amended 8-5-16.

Fla. Admin. Code R. 62-550.825 Consumer Confidence Reporting

(1) These rules are intended to implement the Primary and Secondary Drinking Water Regulations that require community water systems to prepare and provide to their customers annual consumer confidence reports (CCRs) on the quality of the water delivered by the systems. These reports must contain information on the quality of the water delivered by the systems and characterize the risks, if any, from exposure to contaminants detected in the drinking water in an accurate and understandable manner. This rule shall be effective on December 31, 2026. In addition to the requirements of this rule, the requirements contained in the following regulations are adopted and incorporated herein by reference and are enforceable under this rule: the July 1, 2024, edition of 40 C.F.R. Part 141, Subpart O, Sections 151 through 156, and Appendix A of 40 C.F.R. Part 141, Subpart O https://flrules.org/Gateway/reference.asp?No=Ref-19564, except for 40 C.F.R. Part 141.152(d)(2), 40 C.F.R. Part 141.153(e)(3), 40 C.F.R. Part 141.154(c)(2), 40 C.F.R. Part 141.155(a)(1)(iv), 40 C.F.R. Part 141.153(d)(7)(ii), 40 C.F.R. Part 141.154(b)(2), and 40 C.F.R. Part 141.155(b)(1). For the purpose of this rule, customers are defined as billing units or service connections to which water is delivered by a community water system, and consumers are defined as people served by the water system, including customers, and people that do not receive a bill. For the purposes of this rule, detected is defined to mean at or above the levels prescribed by 40 C.F.R. Part 141.23(a)(4) for inorganic contaminants, at or above the levels prescribed by 40 C.F.R. Part 141.24(f)(7) for the contaminants listed in 40 C.F.R. Part 141.61(a), at or above the levels prescribed by 40 C.F.R. Part 141.24(h)(18) for the contaminants listed in 40 C.F.R. Part 141.61(c) (except PFAS), at or above the levels prescribed by 40 C.F.R. Part 141.131(b)(2)(iv) for the contaminants or contaminant groups listed in 40 C.F.R. Part 141.64, at or above the levels prescribed by 40 C.F.R. Part 141.25(c) for radioactive contaminants, and at or above the levels prescribed in 40 C.F.R. Part 141.902(a)(5) for PFAS listed in 40 C.F.R. Part 141.61(c).

(2) Each existing Community Water System (CWS) must deliver CCRs in accordance with the provisions of 40 C.F.R. Part 141.155, as adopted and incorporated in subsection 62-550.825(1), F.A.C., by July 1 each year. Each report delivered by July 1 must contain data collected during the previous calendar year, or the most recent calendar year before the previous calendar year, using methods described in 40 C.F.R. Part 141.155(a), as incorporated by reference in subsection 62-550.825(25), F.A.C.

(3) Each new CWS must deliver its first CCR by July 1 of the year following its first full calendar year in operation.

(4) Any CWS that sells water to another CWS must deliver the applicable information required in 40 C.F.R. 141.153 to the purchasing system by April 1, 2027, and annually thereafter.

(5) Any CWS that sells water to another CWS, and is required to provide CCRs biannually, or twice per calendar year, according to 40 C.F.R. Part 141.155(i) must deliver the applicable information required in 40 C.F.R. Part 141.155(j) to the purchasing system by October 1, 2027, and annually thereafter.

(6) Each CWS serving 10,000 or more persons must distribute the report biannually, by December 31 using methods described in 40 C.F.R. 141.155(a), as incorporated in subsection 62-550.825(23), F.A.C.

(7) Systems required to comply with 40 C.F.R. Part 141.155(j)(2), as incorporated in subsection 62-550.825(6) F.A.C., with a violation or action level exceedance that occurred between January 1 and June 30 of the current year, or have received monitoring results from required monitoring under 40 C.F.R. Part 141.40, must include a 6-month update with the second CCR which shall include the following:

(a) A short description of the nature of the 6-month update and the biannual delivery.

(b) If a system receives an MCL, MRDL, or treatment technique violation, the 6-month update must include the applicable contaminant section information in 40 C.F.R. Part 141.153(d)(4), as incorporated in subsection 62-550.825(9), F.A.C., and a readily understandable explanation of the violation including: the length of the violation, the potential adverse health effects, actions taken by the system to address the violation, and timeframe the system expects to complete those actions. To describe the potential health effects, the system must use the relevant language of Appendix A of 40 C.F.R. 141 Subpart O, as adopted and incorporated in subsection 62-550.825(1), F.A.C.

(c) If a system receives any other violation, the 6-month update must include the information outlined in 40 C.F.R. Part 141.153(f), as incorporated in subsection 62-550.825(15), F.A.C.

(d) If a system exceeded the lead action level following monitoring conducted between January 1 and June 30 of the current year, the system must include information identified in 40 C.F.R. Part 153(d)(4)(vi) and (d)(8), as incorporated in subparagraph 62-550.825(9)(d)7. and subsection 62-550.825(13), F.A.C.

(e) For systems monitoring under 40 C.F.R. Part 141.40, that become aware of results for samples collected during the reporting year but were not included in the reports distributed by July 1, the system must include information as required by 40 C.F.R. 141.153(d)(7), and incorporated in subsection 62-550.825(12), F.A.C.

(8) All CCRs must contain the following information, in accordance with 40 C.F.R. Part 141.154, and include a summary as specified in 40 C.F.R. Part 141.156:

(a) Information on the source of the water being used by the CWS.

1. Each report must identify the source(s) of the water delivered by the CWS by providing information on the type of source water (e.g., ground water, surface water, or ground water under the direct influence of surface water)

2. For CWSs utilizing surface water, the common name (if any) of the water body (or bodies) must be included.

(b) If a source water assessment has been completed, the CCR must notify consumers of the availability of this information, the year it was completed or most recently updated, and the means to obtain it. Where a system has received a source water assessment from the Department, the report must include a brief summary of the system's susceptibility to potential sources of contamination, using language provided by the Department or written by the operator.

(c) Each CCR must contain the following definitions:

1. Maximum Contaminant Level Goal or MCLG: The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

2. Maximum Contaminant Level or MCL: The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.

3. Contaminant: Any physical, chemical, biological, or radiological substance or matter in water.

(d) Each CCR that contains data on contaminants that EPA regulates using any of the following terms must include the applicable definitions:

1. Treatment Technique: A required process intended to reduce the level of a contaminant in drinking water.

2. Action Level: The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

3. Maximum residual disinfectant level goal or MRDLG: The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.

4. Maximum residual disinfectant level or MRDL: The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

(e) Each CCR that contains information regarding a Level 1 or Level 2 Assessment required under 40 C.F.R. Part 141 Subpart Y, as incorporated in Rule 62-550.830, F.A.C., must include the following definitions:

1. Level 1 Assessment: A Level 1 assessment is a study of the water system to identify potential problems and determine (if possible) why total coliform bacteria have been found in our water system.

2. Level 2 Assessment: A Level 2 assessment is a very detailed study of the water system to identify potential problems and determine (if possible) why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our water system on multiple occasions.

(f) Each CCR that contains the following terms must use the following definitions unless the system obtains written approval from the state to use an alternate definition:

1. Pesticide: Generally, any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest.

2. Herbicide: Any chemical(s) used to control undesirable vegetation.

(g) A brief explanation regarding contaminants which may reasonably be expected to be found in drinking water, including bottled water. This explanation shall include the following language:

1. Both tap water and bottled water come from rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material. The water can also pick up and transport substances resulting from the presence of animals or from human activity. These substances are also called contaminants.

2. Contaminants are any physical, chemical, biological, or radiological substance or matter in water. Contaminants that may be present in source water include:

a. Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.

b. Inorganic contaminants, such as salts and metals, which can occur naturally in the soil or groundwater or may result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.

c. Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.

d. Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems.

e. Radioactive contaminants, which can occur naturally or be the result of oil and gas production and mining activities.

3. To protect public health, the Department establishes requirements which limit the amount of certain contaminants in tap water provided by public water systems. The Food and Drug Administration regulations establish limits for contaminants in bottled water which must provide the same protection for public health.

4. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily mean that water poses a health risk. More information about contaminants and potential health effects can be obtained by contacting the Environmental Protection Agency by calling the Safe Drinking Water Hotline (800-426-4791) or visiting the website epa.gov/safewater.

(h) The telephone number of the owner, operator, or designee of the community water system as a source of additional information concerning the report.

(i) In communities with a large proportion of consumers with limited English proficiency, as determined by the Department, the report must contain information in the appropriate language(s) regarding the importance of the report and either contain information where such consumers may obtain a translated copy of the report, or assistance in the appropriate language(s), or the report must be in the appropriate language(s).

(j) CWSs serving 100,000 or more persons, must develop a plan for providing assistance to consumers with limited English proficiency. The system must evaluate the languages spoken by persons with limited English proficiency served by the water system, and the system's anticipated approach to address translation needs. The first plan must be provided to the Department with the first report in 2027. Plans must be evaluated annually and updated as necessary and reported with the certification required in 40 C.F.R. Part 141.155(c), as incorporated in paragraph 62-550.825(29)(b), F.A.C.

(k) Information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water.

(l) The following lead-specific information, in accordance with 40 C.F.R. Part 141.153(d)(1): Lead can cause serious health effects in people of all ages, especially pregnant people, infants (both formula-fed and breastfed), and young children. Lead in drinking water is primarily from materials and parts used in service lines and in home plumbing. [INSERT NAME OF SYSTEM] is responsible for providing high quality drinking water and removing lead pipes but cannot control the variety of materials used in the plumbing in your home. Because lead levels may vary over time, lead exposure is possible even when your tap sampling results do not detect lead at one point in time. You can help protect yourself and your family by identifying and removing lead materials within your home plumbing and taking steps to reduce your family's risk. Using a filter, certified by an American National Standards Institute accredited certifier to reduce lead, is effective in reducing lead exposures. Follow the instructions provided with the filter to ensure the filter is used properly. Use only cold water for drinking, cooking, and making baby formula. Boiling water does not remove lead from water. Before using tap water for drinking, cooking, or making baby formula, flush your pipes for several minutes. You can do this by running your tap, taking a shower, doing laundry or a load of dishes. If you have a lead service line or galvanized requiring replacement service line, you may need to flush your pipes for a longer period. If you are concerned about lead in your water and wish to have your water tested, contact [INSERT NAME OF SYSTEM and CONTACT INFORMATION]. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available at https://www.epa.gov/safewater/lead.

(m) In accordance with 40 C.F.R. Part 141.153, in addition to the requirements in 40 C.F.R. Part 141.154, as incorporated in paragraphs 62-550.825(a) through (1), F.A.C., each report must include a summary, displayed prominently at the beginning of the report, which shall be written in plain language and may use infographics, and shall include the following:

1. A brief description of the nature of the report;

2. A summary of violations and compliance information included in the report, as required under 40 C.F.R. Part 141.153(d)(6) and (8), (f), and (h)(6) and (7), as incorporated in subsections 62-550.825(11), (13), and (15) through (17), F.A.C.

3. Contact information for the owner, operator, or designee of the CWS as a source for additional information concerning the report, in accordance with 40 C.F.R. Part 141.153(h)(2), as incorporated in paragraph 62-550.825(7)(h), F.A.C.

4. For systems using delivery methods in 40 C.F.R. Part 141.155(a)(1)(ii), (iii), or (iv), as incorporated in paragraphs 62-550.825(23)(b) and (c), F.A.C., the summary must include directions for consumers to request a paper copy of the report in accordance with 40 C.F.R. Part 141.155(a)(2), as incorporated in subsection 62-550.825(26), F.A.C.;

5. For systems subject to the requirements established in 40 C.F.R. Part 141.153(h)(3), as incorporated in paragraph 62-550.825(8)(i), F.A.C., because they serve a large proportion of consumers with limited English proficiency, the summary must include information where consumers may obtain a translated copy of the report, or get assistance in the appropriate language(s);

6. For systems using the CCR to also meet public notification requirements in accordance with 40 C.F.R. Part 141 Subpart Q, as incorporated in Chapter 62-560, F.A.C., a statement specifying that the CCR is also serving to provide public notification of one or more violations or situations, a brief statement about the nature of the notice(s), and a brief description of how to locate the notice(s) in the CCR;

7. For systems required to include a 6-month update in accordance with 40 C.F.R. Part 141.155(j)(2), as incorporated in subsection 62-550.825(6), F.A.C., a brief description of the nature of the report and update, noting the availability of new information for the current year (between January and June); and

8. The following standard language to encourage the distribution of the report to all persons served: Please share this information with anyone who drinks this water (or their guardians), especially those who may not have received this report directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this report in a public place or distributing copies by hand, mail, email, or another method.

(9) The following requirements apply to contaminants subject to an MCL, action level, maximum residual disinfectant level, or treatment technique (regulated contaminants as shown in Appendix A of 40 C.F.R. 141 Subpart O, as adopted and incorporated in subsection 62-550.825(1), F.A.C.) and contaminants for which monitoring is required by 40 C.F.R. Part 141.40.

(a) The data relating to these contaminants must be presented in the CCRs in a manner that is clear and understandable for consumers. For example, the data may be displayed in one table or in several adjacent tables. Any additional monitoring results which a CWS chooses to include in its report must be displayed separately.

(b) The data must be derived from data collected to comply with EPA and State monitoring and analytical requirements during the previous calendar year, or the most recent calendar year before the previous calendar year, except that: where a system is allowed to monitor for regulated contaminants less often than once a year, the contaminant data section must include the date and results of the most recent sampling and the report must include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with the regulations. No data older than 5 years need be included.

(c) For each detected regulated contaminant (listed in Appendix A of 40 C.F.R. 141 Subpart O, as adopted and incorporated in subsection 62-550.825(1), F.A.C.), the contaminant data section(s) must contain:

1. The MCL for that contaminant expressed as a number equal to or greater than 1.0 (as provided in Appendix A of 40 C.F.R. 141 Subpart O, as adopted and incorporated in subsection 62-550.825(1), F.A.C.);

2. The MCLG for that contaminant expressed in the same units as the MCL;

3. If there is no MCL for a detected contaminant, the contaminant data section(s) must indicate that there is a treatment technique, or specify the action level, applicable to that contaminant, and the report must include the definitions for treatment technique and/or action level, as appropriate;

4. For contaminants subject to an MCL, except for turbidity and E. coli, the highest contaminant level used to determine compliance with an National Primary Drinking Water Regulation and the range of detected levels, as follows:

a. When compliance with the MCL is determined annually or less frequently: the highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL.

b. When compliance with the MCL is determined by calculating a running annual average of all samples taken at a monitoring location: the highest average of any of the monitoring locations and the range of individual sample results for all monitoring locations expressed in the same units as the MCL;

5. For the MCLs for TTHM and HAA5 in 40 C.F.R. Part 141.64(b)(2), systems must include the highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than one location exceeds the TTHM or HAA5 MCL, the CCR must include the locational and running annual averages for all locations that exceed the MCL;

6. For turbidity:

a. When it is reported pursuant to 40 C.F.R. Part 141.13, the highest average monthly value.

b. When it is reported pursuant to 40 C.F.R. Part 141.73, 40 C.F.R. Part 141.173, or 40 C.F.R. Part 141.551, the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in 40 C.F.R. Part 141.73, 40 C.F.R. Part 141.173, or 40 C.F.R. Part 141.551, for the filtration technology being used.

c. An explanation of the reasons for measuring turbidity.

7. For lead and copper: the 90th percentile concentration of the most recent round(s) of sampling, the number of sampling sites exceeding the action level, and the range of tap sampling results;

8. The likely source(s) of detected contaminants to the best of the operator's knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments, and should be used when available to the operator. If the operator lacks specific information on the likely source, the report must include one or more of the typical sources for that contaminant listed in Appendix A of 40 C.F.R. 141 Subpart O, as adopted and incorporated in subsection 62-550.825(1), F.A.C., that is most applicable to the system; and

9. For E. coli analytical results under the revised total coliform rule: The total number of E. coli positive samples.

(10) If a CWS distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, the contaminant data section(s) shall differentiate contaminant data for each service area and the CCR shall identify each separate distribution system.

(11) The detected contaminant data section(s) must clearly identify any data indicating violations of MCLs, MRDLs, or treatment techniques, and the report must contain a clear and readily understandable explanation of the violation including: the length of the violation, the potential adverse health effects, and actions taken by the system to address the violation. To describe the potential health effects, the system must use the relevant language included in Appendix A of 40 C.F.R. 141 Subpart O, as adopted and incorporated in subsection 62-550.825(1), F.A.C.

(12) For detected unregulated contaminants for which monitoring is required, the reports must present the average and range at which the contaminant was detected. The report must include a brief explanation of the reasons for monitoring for unregulated contaminants such as: Unregulated contaminant monitoring helps EPA to determine where certain contaminants occur and whether the Agency should consider regulating those contaminants in the future.

(13) For CWSs that exceeded the lead action level of 0.010 mg/L, as established in 40 C.F.R. Part 141.80(c), the detected contaminant data section must clearly identify the exceedance if any corrective action has been required by the Administrator or the State during the monitoring period covered by the report. The report must include a clear and readily understandable explanation of the exceedance, the steps consumers can take to reduce their exposure to lead in drinking water, and a description of any corrective actions the system has or will take to address the exceedance.

(14) Information on Cryptosporidium and radon:

(a) If the CWS has performed any monitoring for Cryptosporidium which indicates that Cryptosporidium may be present in the source water or the finished water, the report must include:

1. A summary of the results of the monitoring; and

2. An explanation of the significance of the results.

(b) If the CWS has performed any monitoring for radon which indicates that radon may be present in the finished water, the report must include:

1. The results of the monitoring; and

2. An explanation of the significance of the results.

(15) Compliance with national primary drinking water regulations. In addition to the requirements of 40 C.F.R. Part 141.153(d)(6), as incorporated in paragraph 62.550.825(7)(g), F.A.C., the CCR must note any violation that occurred during the period covered by the CCR of a requirement listed in (a) through (g) below, and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the system has taken to correct the violation.

(a) Monitoring and reporting of compliance data;

(b) Filtration and disinfection prescribed by subpart H of 40 C.F.R. Part 141 Subpart H, as incorporated in Rule 62-550.817, F.A.C. For systems which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes which constitutes a violation, the report must include the following language as part of the explanation of potential adverse health effects: Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.

(c) Lead and copper control requirements. For systems that fail to take one or more actions, as established in 40 C.F.R. Part 141.80 through 141.93, as incorporated in subsection 62-550.315(3), F.A.C., the report must include the applicable language of Appendix A of 40 C.F.R. 141 Subpart O, as adopted and incorporated in subsection 62-550.825(1), F.A.C.

(d) Treatment techniques for Acrylamide and Epichlorohydrin. For systems that violate the requirements of 40 C.F.R. Part 141 Subpart K, as incorporated in Rule 62-550.315, F.A.C., the report must include the relevant language from Appendix A of 40 C.F.R. 141 Subpart O, as adopted and incorporated in subsection 62-550.825(1), F.A.C.

(e) Recordkeeping of compliance data.

(f) Special unregulated contaminants or sodium monitoring requirements, as required by 40 C.F.R. Part 141.40 and 40 C.F.R. Part 141.41.

(g) Violation of the terms of a variance, an exemption, or an administrative or judicial order.

(16) Any ground water system that received notice from the Department of a significant deficiency or notice from a laboratory of a fecal indicator-positive ground water source sample that is not invalidated by the Department in accordance with 40 C.F.R. Part 141.402(d), as incorporated in paragraph 62-550.518(9)(a), F.A.C., must inform it’s customers of any significant deficiency that remains uncorrected at the time of the next reporting period or of any fecal indicator-positive ground water source sample in the next report or six month update in accordance with 40 C.F.R. Part 141.155, as incorporated in subsection 62-550.825(6), F.A.C. The CWS must continue to inform the public annually until the Department determines that particular significant deficiency is corrected or the fecal contamination in the ground water source is addressed in accordance with 40 C.F.R. Part 141.403(a), as incorporated in subsection 62-550.828(1), F.A.C. This section must include the following:

(a) The nature of the particular significant deficiency or the source of the fecal contamination (if the source is known) and the date the significant deficiency was identified by the Department or the dates of the fecal indicator-positive ground water source samples;

(b) If the fecal contamination in the ground water source has been addressed in accordance with 40 C.F.R. Part 141.403(a), as incorporated in Rule 62-550.828, F.A.C., and the date of such action;

(c) For each significant deficiency or fecal contamination in the ground water source that has not been addressed in accordance with 40 C.F.R. Part 141.403(a), as incorporated in Rule 62-550.828, F.A.C., the Department-approved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed;

(d) The potential health effects using the health effects language of Appendix A of 40 C.F.R. 141 Subpart O, as adopted and incorporated in subsection 62-550.825(1), F.A.C.; and

(e) If directed by the Department, a system with significant deficiencies that have been corrected before the next report is issued must inform its customers of the significant deficiency, how the deficiency was corrected, and the date of correction under 40 C.F.R. Part 141.153(h)(6)(i).

(17) Systems required to comply with 40 C.F.R. Part 141 Subpart Y, as incorporated in Rule 62-550.830, F.A.C.

(a) Any system required to comply with a Level 1 assessment requirement or a Level 2 assessment requirement, that is not due to an E. coli MCL violation must include in the CCR the text found in 40 C.F.R. Part 141.153(h)(7)(i)(A) through (C) and the text found in 40 C.F.R. Part 141.153(h)(7)(i)(D)(1) and (2), as incorporated in paragraphs 62-550.825(17)(a) through (d), F.A.C., as appropriate, filling in the blanks accordingly.

(b) Coliforms are bacteria that occur naturally in the environment and are used as an indicator that other, potentially harmful, waterborne organisms may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.

(c) Because we found coliforms during sampling, we were required to conduct [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] assessment(s) of the system, also known as a Level 1 assessment, to identify possible sources of contamination. [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] Level 1 assessment(s) were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.

(d) Because we found coliforms during sampling, we were required to conduct [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] detailed assessments, also known as a Level 2 assessment, to identify possible sources of contamination. [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] Level 2 assessments were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.

(e) If a CWS failed to complete all the required assessments or correct all identified sanitary defects the CCR must also include one or both of the following statements, as appropriate:

1. During the past year we failed to conduct all the required assessment(s).

2. During the past year we failed to correct all identified defects that were found during the assessment.

(18) Any system required to comply with the Level 2 assessment requirements that is due to an E. coli MCL violation must include in the CCR the text found in 40 C.F.R. Part 141.153(h)(7)(ii)(A) through (C) as incorporated in paragraphs 62-550.825(18)(a) through (c), F.A.C., and the applicable language of Appendix A of 40 C.F.R. 141 Subpart O, as adopted and incorporated in subsection 62-550.825(1), F.A.C., as appropriate, filling in the blanks accordingly.

(a) We found E. coli bacteria, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s), also known as a Level 2 assessment, to identify problems and to correct any problems that were found during these assessments.

(b) We were required to complete a detailed assessment of our water system, also known as a Level 2 assessment, because we found E. coli in our water system. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.

(c) If a CWS failed to complete all the required assessments or correct all identified sanitary defects the CCR must also include one or both of the following statements, as appropriate:

1. During the past year we failed to conduct all the required assessment(s).

2. During the past year we failed to correct all identified defects that were found during the assessment.

(19) If a CWS detects E. coli and has violated the E. coli MCL, in addition to completing the table as required in 40 C.F.R. Part 141.134(d)(4), as incorporated in paragraph 62-550.825(7)(a), F.A.C., the CCR must include one or more of the following statements to describe any noncompliance, as applicable:

(a) We had an E. coli-positive repeat sample following a total coliform-positive routine sample.

(b) We had a total coliform-positive repeat sample following an E. coli-positive routine sample.

(c) We failed to take all required repeat samples following an E. coli-positive routine sample.

(d) We failed to test for E. coli when any repeat sample tested positive for total coliform.

(20) If a CWS detects E. coli and has not violated the E. coli MCL, in addition to completing the table as required in 40 C.F.R. Part 141.134(d)(4), as incorporated in paragraph 62-550.825(7)(a), F.A.C., the CCR may include a statement that explains that although they have detected E. coli, they are not in violation of the E. coli MCL.

(21) Systems required to comply with 40, C.F.R. Part 141 Subpart I, Control of Lead and Copper.

(a) CCRs must notify consumers that complete lead tap sampling data are available for review and must include information on how to access the data.

(b) CCRs must include a statement that a service line inventory (including inventories where the publicly accessible inventory consists of a written statement that there are no lead, galvanized requiring replacement, or lead status unknown service lines, known lead connectors or connectors of unknown material) has been prepared and include instructions to access the publicly accessible service line inventory. If the service line inventory is available online, the report must include the direct link to the inventory.

(c) For systems with lead, galvanized requiring replacement, or lead status unknown service lines in the system's inventory, in accordance with 40 C.F.R. Part 141.84(a) and (b), the report must include information on how to obtain a copy of the service line replacement plan or a direct link to the plan if the system is required to make the service line replacement plan available online.

(d) The CCR must contain a plainly worded explanation of the corrosion control efforts the system is taking in accordance with 40 C.F.R. Part 141, Subpart I. Corrosion control efforts consist of treatment (e.g., pH adjustment, alkalinity adjustment, or corrosion inhibitor addition) and other efforts contributing to the control of the corrosivity of water (e.g., monitoring to assess the corrosivity of water). The system shall use one of the following templates:

1. For systems with EPA or Department-designated Optimal Corrosion Control Treatment:

a. Corrosion of pipes, plumbing fittings, and fixtures may cause lead and copper to enter drinking water. To assess corrosion of lead and copper, [name of system] conducts tap sampling for lead and copper at selected sites [insert frequency at which system conducts tap sampling]. [Name of system] treats water using [identify treatment method] to control corrosion, which was designated as the optimal corrosion control treatment by the Department. To ensure the treatment is operating effectively, [name of system] monitors water quality parameters set by the Department [insert frequency at which system conducts water quality parameter monitoring].

b. If applicable add: [Name of system] is currently conducting a study of corrosion control to determine if any changes to treatment methods are needed to minimize the corrosivity of the water.

2. For systems without EPA or Department designated Optimal Corrosion Control Treatment:

a. Corrosion of pipes, plumbing fittings and fixtures may cause metals, including lead and copper, to enter drinking water. To assess corrosion of lead and copper, [name of system] conducts tap sampling for lead and copper at selected sites [insert frequency at which system conducts tap sampling].

b. If applicable, add: [Name of system] treats water using [identify treatment method] to control corrosion.

c. If applicable add: [Name of system] is currently conducting a study of corrosion control to determine if any changes to treatment methods are needed to minimize the corrosivity of the water.

(e) The CCR must include a statement that the water system is required to sample for lead in schools and licensed child care facilities as requested by the facility and that directs the public to contact their school or child care facility for further information about potential sampling results.

(22) All CCRs must prominently display the following language: Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791) or on EPA's website epa.gov/safewater.

(23) A system that detects arsenic above 0.005 mg/L and up to and including 0.010 mg/L must include in its report a short informational statement about arsenic, using the following language: Arsenic is known to cause cancer in humans. Arsenic also may cause other health effects such as skin damage and circulatory problems. [NAME OF UTILITY] meets the EPA arsenic drinking water standard, also known as a Maximum Contaminant Level (MCL). However, you should know that EPA's MCL for arsenic balances the scientific community's understanding of arsenic-related health effects and the cost of removing arsenic from drinking water. The highest concentration of arsenic found in [YEAR] was [INSERT MAX ARSENIC LEVEL IN ACCORDANCE WITH 40 C.F.R. PART 141.153(d)(4)(iv)] ppb.

(24) A system which detects nitrate at levels above 5 mg/l and up to and including 10 mg/L must include a short informational statement about the impacts of nitrate on children using the following language: Even though [NAME OF UTILITY] meets the EPA nitrate drinking water standard, also known as a Maximum Contaminant Level (MCL), if you are caring for an infant and using tap water to prepare formula, you may want to use alternate sources of water or ask for advice from your health care provider. Nitrate levels above 10 ppm pose a particularly high health concern for infants under 6 months of age and can interfere with the capacity of the infant's blood to carry oxygen, resulting in a serious illness. Symptoms of serious illness include shortness of breath and blueness of the skin, known as “blue baby syndrome.” Nitrate levels in drinking water can increase for short periods of time due to high levels of rainfall or agricultural activity, therefore we test for nitrate [INSERT APPLICABLE SAMPLING FREQUENCY]. The highest level for nitrate found during [YEAR] was [INSERT MAX NITRATE LEVEL IN ACCORDANCE WITH 40 C.F.R. PART 141.153(d)(4)(iv)] ppm.

(25) Except as provided in 40 C.F.R. Part 141.155(g), as incorporated in subsection 62-550.825(34), F.A.C., each CWS must directly deliver a copy of the CCR to each customer using, at a minimum, one of the following forms of delivery:

(a) Mail or hand deliver a paper copy of the report;

(b) Mail a notification that the report is available on a website via a direct link; or

(c) Email a direct link or electronic version of the report.

(26) For systems using electronic delivery methods in 40 C.F.R. Part 141.155(a)(1)(ii) or (iii), as incorporated in paragraphs 62-550.825(23)(b) and (c), F.A.C., must provide a paper copy of the CCR to any customer upon request and the notification method used must prominently display directions for requesting such copy.

(27) For systems that choose to electronically deliver CCRs by posting CCRs to a website and providing a notification either by mail or email:

(a) The report must be publicly available on the website at time notification is made;

(b) Notifications must prominently display the link and include an explanation of the nature of the link; and

(c) Systems may use a webpage to convey the information required in 40 C.F.R. Part 141.153, 141.154, and 141.156, as incorporated in Rule 62-550.825, F.A.C.

(28) Systems that use a publically available website to provide CCRs must maintain public access to the report for no less than 3 years.

(29) Systems must make a good faith effort to reach all consumers, including those who do not get water bills, such as renters or workers. A good faith effort to reach consumers includes a mix of methods to reach the broadest possible range of persons served by the water system. This shall be achieved using one or more of the following methods: posting the reports on the internet; mailing reports or postcards with links to the reports to all service addresses and/or postal customers; using an opt in notification system to send emails and/or texts with links to the reports to interested consumers; advertising the availability of the report in the news media and on social media; publication in a local newspaper or newsletter; posting a copy of the report or notice of availability with links (or equivalent, such as Quick Response (QR) codes) in public places such as cafeterias or lunch rooms of public buildings; delivery of multiple copies for distribution by single-biller customers such as apartment buildings or large private employers; delivery to community organizations; holding a public meeting to educate consumers on the reports.

(30) Where a system is aware of a substantial number of bill-paying consumers without access to electronic forms of the report, the system should use at least one non-electronic form of delivery.

(31) No later than 10 days after the date the system is required to distribute the report to its customers, each CWS must provide a copy of the report to the Department and a certification that the report(s) has/have been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the Department. When reporting compliance with these requirements, systems shall use Form 62-555.900(19), Certification of Delivery of Consumer Confidence Report, as adopted and incorporated in subsection 62-555.900(19), F.A.C.

(32) No later than the date the system is required to distribute the report to its customers, each CWS must deliver the report to the appropriate county health department.

(33) Each CWS must make its reports available to the public upon request. Systems should make a reasonable effort to provide the reports in an accessible format to anyone who requests an accommodation.

(34) Each CWS serving 50,000 or more persons must post its current year's report to a publicly-accessible site on the internet.

(35) In accordance with 40 C.F.R. 141.155(g), the Department waives the requirement that community water systems serving fewer than 10,000 persons mail or directly deliver to each billing customer their consumer confidence reports provided that the systems have not had any MCL or monitoring and reporting (M/R) violations, nor have been issued formal Notices of Violations (NOVs), Consent Orders, Administrative Orders, or court-ordered civil actions during the year covered by the CCR, as allowable under 40 C.F.R. Part 142.72. In accordance with 40 C.F.R. Part 141.155(g)(1), systems meeting the waiver requirements above, shall:

(a) Publish the CCR in one or more local newspapers or on one or more local online news sites serving the area in which the system is located;

(b) Inform the customers that the reports will not be mailed, either in the newspapers in which the reports are published or by other means approved by the Department; and

(c) Make the reports available to the public upon request.

(36) In lieu of the requirement set forth in 40 C.F.R. Part 141.155(g)(1)(i) and (ii), as incorporated in subparagraph 62-550.825(35)(a)1., F.A.C., CWSs serving 500 or fewer persons that have been granted mailing waivers and that elect to post notice(s) that the CCR is not being sent out but is available upon request, may post their notices in publicly accessible areas such as community bulletin boards for a period of no less than 30 days beginning no later than July 1 of that same year annually.

(37) All systems subject to 40 C.F.R. Part 141 Subpart O, as adopted and incorporated in subsection 62.550.825(1), F.A.C., must retain copies of its CCR for no less than 3 years.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(3), (4), 403.861(9) FS. History–New 12-31-26.

Chapter 62-552 DRINKING WATER STATE REVOLVING FUND LOAN PROGRAM

Fla. Admin. Code R. 62-552.200 Definitions

For purposes of this rule chapter:

(1) “Act” means the Federal Safe Drinking Water Act, 42 USC §300f et seq., as amended, December 2019, hereby adopted and incorporated by reference. This document is available from the Department’s Drinking Water State Revolving Fund Program, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-14077.

(2) “Asset management plan” means a systematic management technique for utility systems that focuses on the long-term life cycle of the assets and their sustained performance, rather than on short-term, day-to-day aspects of the assets. This plan includes the identification of and costs for rehabilitating, repairing, or replacing all assets as well as the schedule to do so. Subsection 62-552.700(7), F.A.C., provides details on the contents of the plan.

(3) “Capitalization grant project” means a project for which the project sponsor shall document compliance with specific federal requirements under subsection 62-552.700(1), F.A.C., in addition to the general requirements under subsections 62-552.700(2) through (6), F.A.C., to qualify for a loan. Capitalization grant projects will be identified in an amount corresponding to the annual capitalization grant received by the Department from the United States Environmental Protection Agency (EPA).

(4) “Capitalized interest” means interest accruing at the loan interest rate and compounding annually from the time when disbursements are made until six (6) months before the first semiannual loan repayment is due.

(5) “Construction costs” means costs associated with allowable construction, equipment, materials, and demolition.

(6) “Construction loan” means a financial assistance agreement to fund a drinking water construction project, equipment purchase, system consolidation or regionalization, or public water system acquisition. To be eligible for a construction loan, a planning document and plans and specifications must be accepted by the Department, the environmental review process described in Rule 62-552.680, F.A.C., must be complete, all required Department permits and authorizations must have been obtained, all necessary site certifications must have been submitted to the Department, and any other pertinent information deemed necessary for success of the project. Plans, specifications, construction permits, and site certifications are not required for a public water system acquisition. For design/build projects using a best value procurement process, the approval of the procurement process shall be accepted in lieu of the plans, specifications, site certifications, and permits unless any portion of these documents are available at that time. The requirements for planning documents are described in subsection 62-552.700(2), F.A.C., and the requirements for plans and specifications are described in subsection 62-552.700(3), F.A.C.

(7) “Construction manager at risk” means a firm or other single entity that contracts with the project sponsor for a guaranteed maximum price for the work. The construction manager is responsible for performance under individual construction contracts.

(8) “Continuing contract” shall have the same meaning as provided in the Consultants’ Competitive Negotiation Act (CCNA), Section 287.055, F.S.

(9) “Cost-effective” means the lowest present worth (or equivalent annual value) of the implementable and environmentally acceptable alternatives to achieve the project sponsor’s objectives considering capital costs as well as operation and maintenance costs.

(10) “Department” means the Department of Environmental Protection, Drinking Water State Revolving Fund Program, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000. For electronic information requests and submittals, email SRF_Reporting@dep.state.fl.us.

(11) “Design/build” means a contracting procedure whereby a firm or other single entity contracts with the project sponsor for a fixed price or a cost-plus-a-fixed-fee with a guaranteed maximum price and is responsible for both design and construction of the project. The procurement process must be competitive best value or competitive qualifications-based. For a competitive best value selection, the most advantageous proposal to the project sponsor is selected based on criteria that include price and other factors. For competitive qualifications-based procurement, the qualifications of the responsible firm are the primary consideration in the selection process and the responsible firm shall use open book accounting for this process.

(12) “Design loan” means a financial assistance agreement to fund design activities that will result in biddable, permittable plans and specifications for an eligible construction project. Design/build projects using a best value procurement process are not eligible for a design loan. Additionally, a planning document defining the scope of the project to be funded must have been accepted by the Department. The requirements for an acceptable planning document are described in subsection 62-552.700(2), F.A.C.

(13) “Financially disadvantaged community” means a municipality, county or agency (such as a county-wide department) thereof, franchised area, or other entity with a defined public water system service jurisdiction having a median household income of less than the statewide average. Verifiable documentation of the community’s median household income is required to calculate the community’s percentage of principal forgiveness in accordance with these rules.

(14) “Fiscal year” means the 12-month period between July 1 and the following June 30.

(15) “Fundable portion” means the portion of a priority list consisting of the projects to which funds allocated each year by the Department have been assigned.

(16) “Funds allocated each year by the Department” means funds that are available or expected to be available for loans during the fiscal year for which a priority list is being developed.

(17) “Interest rate” means the semiannual compounding rate at which charges are imposed on the unpaid principal, including capitalized interest, of a State Revolving Fund (SRF) loan as described in subsection 62-552.300(6), F.A.C. The interest rate for a loan shall not be less than 0.2 percent.

(18) “Leveraged loan” means a loan issued by the Florida Water Pollution Control Financing Corporation (FWPCFC).

(19) “Loan Service Fee” means a fee paid by the project sponsor in an amount that ranges from two to four percent of the total loan amount less the portion of the loan for capitalized interest and shall not be included in the principal of the loan. The loan service fee shall be estimated at the time of execution of the loan agreement, revised with any increase or decrease amendment, and shall be finalized in the final loan amendment based on the total loan disbursed.

(20) “Planning loan” means a financial assistance agreement to perform the initial planning and administration for a project. The deliverable for this loan shall be a planning document. The requirements for the planning document are described in subsection 62-552.700(2), F.A.C. A planning loan shall not be used to acquire any interest in real property.

(21) “Planning portion” means the portion of the priority list consisting of projects that do not qualify for the fundable or waiting portion.

(22) “Pledged revenue” means revenue specifically approved by the Department and dedicated to the repayment of the loan.

(23) “Principal forgiveness” means the portion of a loan that does not have to be repaid.

(24) “Priority list” means the annual listing of fundable, waiting, and planning portion projects.

(25) “Project” means the planning, design, or construction of any components or facilities associated with the supply, storage, transmission, treatment, disinfection, and distribution of drinking water, including rehabilitation. This includes components of a water/energy conservation project that meet EPA eligibility requirements. The scope of a project shall include those components or facilities that qualify for funding under this rule chapter.

(26) “Project costs” means costs for planning, design and construction, procurement of equipment and materials, contingency, demolition, legal, technical services, land acquistion, public water system acquisition, system consolidation or regionalization, capitalized interest, and implementation of a qualifying conservation project.

(27) “Project sponsor” means an entity that owns a public water system that seeks or obtains financial assistance under this rule chapter.

(28) “Public water system” means a system for the provision to the public of water for human consumption through pipes or, after August 5, 1998, other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year.

(29) “Request for inclusion” means completed form RFI-DW1, Request for Inclusion on the Drinking Water Priority List, effective March 9, 2022, hereby adopted and incorporated by reference. This form is available from the Department’s Drinking Water State Revolving Fund Program, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-14078.

(30) “Segment cap” means the maximum amount available to any one sponsor during a fiscal year. The segment cap amount shall be established at a public meeting approving the priority list and shall be less than 25 percent of the funds available. Adjustments to the segment cap amount shall be made at a list management public meeting if additional funds become available and all projects eligible for placement on the fundable portion of the priority list at the most recent list approval or list management public meeting have been funded.

(31) “Service area” means all connections and proposed connections to be served by the project sponsor’s public water system. Population of the service area shall be calculated by multiplying the number of service connections by 2.5 persons per connection.

(32) “Small community” means a municipality or unincorporated community or other identifiable entity with a total service area population of less than 10,000.

(33) “Useful life” means for land – 100 years; conveyance pipes – 50 years; other structures such as buildings and tankage – 30 to 50 years; process equipment – 15 to 20 years; and auxiliary equipment such as power generators and controls – 10 to 15 years.

(34) “Waiting portion” means the portion of a priority list consisting of projects that are qualified to be on the fundable portion but cannot be placed on the fundable portion until there are sufficient funds.

(35) The following terms and phrases used throughout this rule chapter have the meaning given these words in Section 287.012, 403.8532 and 403.8532, F.S.: best value, Florida Water Pollution Control Financing Corporation (also referred to as FWPCFC), and local governmental agencies.

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.852, 403.8532 FS. History–New 4-7-98, Amended 8-10-98, 7-20-99, 7-17-17, 3-9-22.

Fla. Admin. Code R. 62-552.300 General Program Information

(1) Steps involved in obtaining a loan.

(a) Request for Inclusion. The project sponsor shall submit a complete Request for Inclusion Form, referenced in subsection 62-552.200(29), F.A.C., to the Department to establish project ranking on the priority list as outlined in paragraph (1)(e), below.

1. The Department shall review requests for inclusion to verify eligibility and accuracy of the information provided.

2. Additional information shall be requested by the Department when the data provided by the project sponsor is incomplete or unclear.

(b) Documentation required for priority listing. The documentation that must be timely submitted to compete for funding at a priority list meeting varies depending on the type of loan being requested and is known as the readiness-to-proceed criteria.

1. For planning loans, the completed Request for Inclusion form and its necessary attachments are required.

2. For design loans, the Request for Inclusion form and all planning documentation required in subsection 62-552.700(2), F.A.C., must be accepted by the Department, and the environmental review process described in Rule 62-552.680, F.A.C., must be complete.

3. For construction loans, the Request for Inclusion form and all planning and design documentation referenced in subsections 62-552.700(2) through 62-552.700(5), F.A.C., must be accepted by the Department and the environmental review process described in Rule 62-552.680, F.A.C., must be complete.

4. A project sponsor has the option to request a combined loan for both planning and design at the same priority list meeting. In this case, the completed Request for Inclusion form and its necessary attachments are required to compete for funding. The project sponsor must agree to the submittal of biddable plans and specifications within 1-year after execution of the loan agreement to qualify for a combined planning and design loan.

(c) Priority List Public Meeting.

1. Except as provided in subparagraph 2., below, if funds are available for new projects, a priority list public meeting shall be held on the second Wednesday in August or as otherwise noticed in the Florida Administrative Register in advance of the public meeting.

2. If the waiting portion from the previous fiscal year exceeds twice the anticipated available funds, no public meeting shall be held, unless it is necessary to add projects to meet federal requirements. If such a public meeting is held, only those projects necessary to comply with the federal requirements shall be considered. For the purposes of this paragraph, anticipated available funds means federal capitalization grants and state matching funds expected to be received during the state fiscal year, loan repayments minus debt service payments to be received during the state fiscal year, any carry over funds from the previous year, and anticipated interest earnings during the fiscal year.

3. If additional funds are available after the priority list public meeting, one or more priority list management public meetings shall be scheduled to allocate the additional funds.

(d) Readiness-to-Proceed Deadline. For a project to appear on the priority list, the sponsor shall have postmarked or delivered to the Department all documentation as required in paragraph (b) above and shall have the Department’s acceptance of its planning and environmental review process for a design or construction loan no later than 45 days before the priority list public meeting at which the project competes for funding. This does not include those qualified sponsors that have opted to combine both planning and design funding at a priority list meeting. The project sponsor must respond to all Department comments related to the required documentation and must submit these responses at least 15 days prior to the public meeting.

(e) Priority System. Timely submitted projects shall be given priority according to the extent each project is intended to remove, mitigate, or prevent adverse effects on public health and drinking water quality. The final priority score for each project shall be determined as described in subparagraphs 1. through 3., below.

1. Base Priority Score. Each project shall receive a base priority score (BPS) dependent on the weighted average of its components. The BPS shall be determined using the following formula where CPS means the component priority score and CCC means component construction cost or:

BPS = [CPS1 x CCC1 + … + CPSn x CCCn]/Total Construction Cost

a. Project components shall be assigned a component priority score (CPS) according to the categories in Table 1 below.

Table 1

Project Component

CPS

Acute Public Health Risk

1a. E-Coli or Fecal Coliform Maximum Contaminant Level (MCL) Exceedance (subsection 62-550.310(5), F.A.C.)

1b. Nitrate, Nitrite, or Total Nitrogen MCL Exceedance (subsection 62-550.310(1), F.A.C., Table 1)

1c. Lead or Copper Action Level Exceedance (Rule 62-550.800, F.A.C)

1d. Surface Water Filtration and Disinfection Noncompliance (subsection 62-550.817(2), F.A.C.)

800 points

Potential Acute Public Health Risk

2a. Nitrate, Nitrite, or Total Nitrogen Exceed 50% of MCL (subsection 62-550.310(1), F.A.C., Table 1)

2b. Microbiological MCL Exceedance (subsection 62-550.310(5), F.A.C)

2c. Surface Water Enhanced Filtration and Disinfection Noncompliance (subsection 62-550.817(3), F.A.C.)

2d. State Health Officer Certification of Acute Health Risk for Unregulated Microbiological Contaminants

2e. Violation of Disinfection Requirements (subsection 62-555.320(12), F.A.C.)

700 points

Chronic Public Health Risk

3a. Inorganic or Organic Contaminant MCL Exceedance (subsections 62-550.310(1), (4), F.A.C., Tables 1, 4, 5)

3b. Disinfection Byproducts MCL Exceedance (subsection 62-550.310(3), F.A.C., Table 3)

3c. Radionuclide MCL Exceedance (subsection 62-550.310(6), F.A.C.)

600 points

Potential Chronic Public Health Risk

4a. Inorganic or Organic Contaminant Exceed 50% of MCL (subsections 62-550.310(1), (4), F.A.C., Tables 1, 4, 5)

4b. Disinfection Byproducts Exceed 80% of MCL (subsection 62-550.310(3), F.A.C., Table 3)

4c. State Health Officer Certification of Chronic Health Risk for Unregulated Chemical Contaminants

500 points

Compliance-1

5a. Infrastructure upgrades to facilities that are undersized, exceed useful life, or have continual equipment failures

5b. Insufficient water supply source, treatment capacity, or storage

5c. Water distribution system pressure less than 20 psi

5d. Eliminate dead ends and provide adequate looping in a distribution system

5e. Replace distribution mains to correct continual leaks, pipe breaks, and water outages

5f. New public water system or extension of existing system to replace contaminated or low yield residential wells

5g. Lack of significant safety measures (e.g. chemical containment)

5h. Secondary Contaminant MCL Exceedance (Rule 62-550.320, F.A.C.)

5i. Drinking water supply project as defined in paragraph 403.8532(9)(a), F.S.

400 points

Compliance-2

6a. Treatment, Storage, Power, and Distribution Requirements (Rule 62-555.320, F.A.C.)

6b. Minimum Required Number of Wells (subsection 62-555.315(2), F.A.C.)

6c. Well Set-back and Construction Requirements (Rules 62-555.312 and 62-555.315, F.A.C.)

6d. Cross-Connection Control Requirements (Rule 62-555.360, F.A.C.)

6e. Physical Security Project Documented in a Vulnerability Analysis

6f. Consolidation or regionalization of public water systems

6g. Water/Energy Conservation Project

300 points

7. Other projects, including land or public water system acquisition

100 points

b. Project component scores that are based on contaminant levels shall be justified by sample analytical data. The date samples were collected must be no older than 24-months from the date of submittal of a Request for Inclusion. The sample results shall show an ongoing and current problem with a drinking water quality standard. The project sponsor shall provide documentation demonstrating contaminant levels (e.g. disinfection byproducts) cannot be reduced by adjusting system operations, if applicable. Samples shall be analyzed by a state certified laboratory as defined in Rule 62-550.550, F.A.C.

c. A project component score of 400 points that is based on compliance-1 categories of Table 1 shall be supported by documentation demonstrating the need for the project; otherwise, a component score of 300 points will be assigned.

d. A project sponsor with a qualifying water conservation project is eligible to receive an additional 100 points added to their priority score if the sponsor provides a water conservation plan in accordance with EPA’s Water Conservation Plan Guidelines, document number EPA-832-D-98-001, August 6, 1998, hereby adopted and incorporated by reference. The sponsor must demonstrate that the proposed project meets the objective of the water conservation plan. This document is available from the Department’s Drinking Water State Revolving Fund Program, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000 or http://www.flrules.org/Gateway/reference.asp?No=Ref-08363.

e. If 50% or more of residential wells of a given project meet the contamination levels indicated in Table 1 and connect to a new or existing public water system, then the project would be awarded component priority points according to the appropriate public health risk. Surface water flooding of wells of residents with septic drainfields and wells under the direct influence of surface water are considered an unregulated microbiological potential acute public health risk, and require substantiated documentation of occurrence in lieu of sampling data.

2. Affordability Score. The extent of affordability existing in a small community to be served by the project shall be reflected in the priority score. Points shall be awarded based upon two affordability criteria: namely, median household income (MHI) and service area population. These points are to be added to the base priority score. Affordability Score = (MHI Score + Population Score).

a. MHI Score. MHI score shall be derived based on the extent a community’s MHI falls below the statewide average. MHI data shall represent all areas to be served by the project sponsor’s public water system.

(I) MHI score shall not exceed a maximum of 75 points, shall not be less than zero points, and shall be rounded to the nearest whole number.

(II) MHI score is calculated as follows:

MHI Score = 100 x (1.00 - MHI fraction), MHI fraction is equal to the MHI of the service area divided by the statewide MHI.

b. Population Score. Projects for small systems are generally less affordable than those for larger systems due to a limited rate base from which to recover costs. Special consideration is given to such projects based on service area population. Population data shall represent all areas to be served by the project sponsor’s public water system.

(I) Population score shall not be less than zero points and shall be rounded to the nearest whole number.

(II) The population score is calculated as follows:

Population score = 50 - (P/200). P is the population of the service area.

3. Tie-breaking procedure. The sponsor with the larger population will have the higher priority.

(f) Priority List Development. The priority list is developed prior to the public meeting and includes the fundable, waiting, and planning portions. Projects that meet the requirements of paragraph (b), above, compete for placement on the fundable or waiting portions using a tiered ranking system. Tier 1 includes all projects previously on the fundable portion which require an increase to an existing loan, tier 2 includes new projects that receive a total priority score of 500 points or more, and tier 3 includes all other projects. Tier 1 is the highest priority and tier 3 is the lowest. Within each tier, projects are ranked in priority score order with the highest score at the top of the tier. Once the segment cap has been determined, the available funds are assigned to projects in tiers 1 and 2 moving down the list until all projects have been assigned funds, up to the lower of the requested amount or the segment cap, or until the available funds are exhausted. The unfunded balance is then placed on the waiting portion by tier then priority score order. If funds remain available, they are assigned to projects in tier 3 until the funds are exhausted or all projects have been funded. Projects that must be added to meet special provisions of a federal capitalization grant shall be added to the bottom of the fundable portion, bypassing projects that would otherwise be placed on the fundable portion. Projects from tier 3 that do not receive any funding are placed on the planning portion in alphabetical order. To receive funding, projects on the planning portion must compete for funding at a subsequent priority list public meeting. The service area population and median household income values used to calculate priority score must be verified as the most current values prior to project placement on the priority list.

(2) Steps involved in obtaining a loan with principal forgiveness. Loans with principal forgiveness shall follow the process described in subsection 62-552.300(1), F.A.C., above, but the waiting and planning portions of the priority list are not applicable. Principal forgiveness loans are only assigned to those qualifying projects with the highest priority score until all projects have either been assigned funds or until all available funds have been exhausted. Principal forgiveness funds shall be made available twice per fiscal year or semiannually. Those projects not assigned a loan with principal forgiveness are eligible for loan only; but the project sponsor may opt out and reapply, and compete for principal forgiveness at the next semiannual priority list public meeting. Sponsors receiving principal forgiveness for a project adopted at a previous public meeting are ineligible for an increase in principal forgiveness. The principal forgiveness funds made available each year shall at least meet the minimum federal requirements. A maximum of 50% of the principal forgiveness funds available at each semiannual public meeting can be given to any one project. Principal forgiveness recipients are determined prior to each priority list public meeting. If a principal forgiveness recipient chooses to opt out before adoption on a priority list, then those principal forgiveness funds will be made available to the next qualifying sponsor or sponsors. If a project sponsor declines principal forgiveness or fails to meet Department deadlines after project adoption on the priority list, then those principal forgiveness funds will be made available to other projects at the next semiannual public meeting. The service area population and median household income values used to calculate the percentage of principal forgiveness must be verified as the most current values prior to placement of a project on the priority list. A for-profit project sponsor is ineligible for principal forgiveness.

(a) The project sponsor for a loan with principal forgiveness must qualify as a financially disadvantaged small community, except as stated in paragraphs 62-552.300(2)(e) and 62-552.300(2)(f), below.

(b) Principal forgiveness percentage.

1. Planning and/or design loan. The maximum principal forgiveness percentage available for a planning and/or design loan is 50 percent of total invoiced costs. Only a project sponsor that directly qualifies as a financially disadvantaged small community is eligible.

2. Construction loan.

a. The principal forgiveness percentage (PF%) for a construction loan shall be determined using the following formula:

PF% = 1760/9 – 160 x (MHI/SMHI) – 7/4500 x P

Where:

MHI = Median Household Income

SMHI = State of Florida MHI

P = Population of the service area

20% ≤ PF% ≤ 90%

b. The principal forgiveness amount available for a construction loan shall initially be based on the estimated construction costs. The final principal forgiveness amount shall be based on total invoiced costs.

3. Technical Services.

The maximum principal forgiveness percentage for technical services performed during the planning and design of a project is 50 percent of the total invoiced costs. Only a financially disadvantaged small community having a planning and/or design loan with the Department is eligible.

4. Asset Management Plan. The principal forgiveness percentage available for an asset management plan prepared and implemented in accordance with subsection 62-552.700(7), F.A.C., is 50 percent of total invoiced costs if completed under a planning or design loan. An asset management plan completed under a construction loan is eligible for the same principal forgiveness percentage calculated for the construction loan. Only a project sponsor that qualifies as a financially disadvantaged small community is eligible.

(c) The project sponsor shall have only one open loan with principal forgiveness. A loan shall be considered open until the final disbursement has been paid by the Department.

(d) The total principal forgiveness amount shall be estimated until the time of project close-out.

(e) A financially disadvantaged community with a service area population of 10,000 persons or greater is eligible for 20% principal forgiveness for a construction loan if dollars are available after funding all eligible financially disadvantaged small communities.

(f) A project sponsor that does not otherwise qualify as a financially disadvantaged small community is eligible for a construction loan with principal forgiveness if connecting a financially disadvantaged community that has less than 250 residential private wells or that has an existing public water system with less than 250 service connections. The sponsor that owns and operates a separate, non-interconnected, public water system that qualifies as a financially disadvantaged small community, regardless of the number of systems owned and operated by the sponsor, is eligible for a construction loan with principal forgiveness for that system. Verifiable documentation of the community’s median household income and number of service connections is required to calculate the percentage of principal forgiveness in accordance with these rules, not to exceed 50% of the construction loan amount. This type of project would follow the same priority listing process as a financially disadvantaged small community in competing for principal forgiveness dollars.

(g) A construction project for a financially disadvantaged small community that uses a Construction Manager at Risk delivery method is ineligible for principal forgiveness.

(3) Allowable Project Costs. Categories of allowable project costs include the following drinking water activities subject to such limitations for leveraged loans as are necessary to maintain the tax-exempt status of bonds issued by the FWPCFC:

(a) Land purchased as necessary for construction of public water system infrastructure. Funding shall be limited to the appraised value of the fee simple interest of the acreage of land to be purchased, including mandatory set-backs. The appraisal report must be less than 12 months old at the time the construction loan application is received. If additional land is acquired that is not necessary for construction, then the eligible funding amount shall be the acreage of necessary land divided by the total acreage purchased times the purchase price;

(b) Construction and related procurement;

(c) Demolition and removal of existing structures related to the project;

(d) Contingency for project cost overruns under subsection 62-552.300(5), F.A.C.;

(e) Technical services after bid opening or award of design/build or construction manager at risk projects, and legal services resulting directly from the requirements of the Department supplied supplementary conditions that are included in the bid documents to comply with federal requirements, or legal services resulting from contractor non-compliance with the construction contract;

(f) Costs associated with interim financing for a sponsor whose project was adopted on the fundable or waiting portion of the priority list, but proceeded without sufficient loan funds from the Department;

(g) Technical services for test wells, water quality testing, soil and hydrogeological testing, geotechnical evaluations, pilot studies, archaeological surveys, land surveys, and any other technical service deemed necessary for the planning, design, and construction of a project. Also, value engineering services performed by a SAVE International Certified Value Specialist. See the SAVE International website at http://www.value-eng.org/;

(h) Costs for project administration, planning, or engineering under a planning and/or design loan;

(i) The purchase of a public water system and its associated infrastructure, excluding the value of land that is not necessary for operation of the system. The project sponsor shall demonstrate a substantial benefit to the community and environment to be eligible for funding. Funding of a system acquisition shall be limited to the system’s fair market value;

(j) Capacity purchase in an existing public water system;

(k) Preparation and implementation of an asset management plan. To be eligible for reimbursement, the asset management plan must meet the requirements of subsection 62-552.700(7), F.A.C.;

(l) The refinancing of unretired debt principal for a qualifying sponsor whose project meets the environmental review and procurement process of these rules, and only if in conjunction with a construction project being funded by SRF; however, a project that is financed with a loan from the Department shall not be refinanced by the Department at a lower interest rate;

(m) Costs associated with the implementation of a qualifying conservation project; and

(n) Project bidding/procurement costs incurred under a design loan or construction loan.

(4) Ineligible Project Costs.

(a) Project facilities or activities not included within the Department approved project scope;

(b) Costs for the use of the project sponsor’s personnel or equipment in the planning, design, or construction of project facilities;

(c) Costs incurred after the project closeout has been conducted by the Department to document project completion, final project costs, and adequacy of sponsor’s project files;

(d) Project facilities or services for which the planning, design, construction and procurement requirements of rule 62-552.700, F.A.C., are not met;

(e) Any project for which the construction loan amount is less than $75,000;

(f) That part of any project primarily intended to serve future growth or fire protection not justified by public water system service demand projections in the planning documents;

(g) Costs incurred before the adoption of the project on the fundable or waiting portion of the priority list;

(h) Any portion of a project funded by an executed agreement from another regional, state, or federal funding agency;

(i) Acquisition of water rights-of-way and easements;

(j) Service connections on private property; and,

(k) Any other cost not listed as allowable under subsection (3), above.

(5) Project Contingency.

(a) Project contingency shall not exceed 10% of the estimated sum of the construction costs and costs for allowable land. The contingency shall be adjusted by the Department to 5% after procurement contracts have been executed. There shall be no contingency for land when the costs are known.

(b) The contingency funds remaining after accounting for contract change orders shall be retained by the Department when project closeout occurs.

(6) Interest Rate.

(a) The interest rate shall be calculated as follows:

% of MR = 40 x (MHI/SMHI) + 15

Where:

% of MR = Percentage of Market Rate

MHI = Median Household Income

SMHI = State of Florida MHI

35% ≤ % of MR ≤ 75%

When bond proceeds are available for leveraged loans, the market rate shall be the most recent rate at which bonds were sold by the FWPCFC. When bond proceeds are not available, the market rate for interest shall be established using the Thomson Publishing Corporation’s “Bond Buyer” 20-Bond GO Index. The market rate is established by the Department as of January 1, April 1, July 1, and October 1 of each year and it is the average weekly yield during the three (3) months immediately preceding the date of determination. The average weekly yield is derived from the yields reported in the “Bond Buyer” for the full weeks occurring during the three-month period. The median household income value used to calculate the interest rate must be verified as the most current value prior to execution of the loan agreement.

(b) The interest rate shall be fixed for the principal amount of a planning and/or design loan including any amendments and for the duration of the loan repayment period. A planning loan may be rolled into a design loan but the interest rate remains fixed. A design loan cannot be rolled into a construction loan.

(c) The interest rate shall be fixed for the principal amount of a construction loan including any amendments and for the duration of the loan repayment period, except for the qualified adjustments below. The adjustments shall not reduce the interest rate below 0.2 percent.

1. Projects with a Department accepted and implemented asset management plan that meets all requirements in subsection 62-552.700(7), F.A.C., shall be eligible for an interest rate reduction of 0.1% if implementation has been verified by the earlier of either (a) the final disbursement request is received or (b) three (3) months prior to the first scheduled repayment.

2. Projects that have at least a 25% cost component that qualifies as a drinking water supply project as defined in paragraph 403.8532(9)(a), F.S., or as a water conservation project shall be eligible for an interest rate reduction of 0.25% if the project sponsor provides the required supporting documentation outlined in subparagraph 62-552.300(1)(e)1., F.A.C.

3. Projects that include a requirement for American Iron and Steel in accordance with section 1452(4) of the Act (42 USC §300j-12) and projects that include a requirement for Davis-Bacon wage rates as provided in 29 CFR Part 5, Subpart A (7-1-2019 Edition) shall be eligible for a total reduction in the interest rate of 0.5. The document 29 CFR Part 5, Subpart A is available from the Department’s Drinking Water State Revolving Fund Program, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-14079, and is hereby adopted and incorporated by reference.

(7) Debt coverage for non-governmental sponsors. A non-governmental sponsor of a project that qualifies for funding shall document that it has a current term debt and capital lease coverage ratio of at least 1.15. This ratio shall have, as its numerator, net operations income plus non-operating income plus depreciation plus interest on term debt (multi-year debt) minus payroll and income taxes minus owner withdrawals; and, as its denominator, the sum of scheduled payments on term debt and long-term leases. This information shall be verified by the sponsor through a certified public accountant (CPA).

(8) Exceptions to Program Requirements.

(a) The Department shall consider a request for an exception to the requirements of this chapter if the exception does not conflict with state or federal law or federal regulations.

(b) A request for exception must contain the following information:

1. The name of the project sponsor, project number, award date, application date, and the financial assistance amount involved,

2. The specific rule to which an exception is requested,

3. A complete description of what the exception would accomplish and justification for the exception,

4. A statement of whether the same or a similar exception previously has been sought; and, if so, an explanation of the reason for that request and the outcome,

5. A demonstration that compliance with the specified rules is unnecessary for abatement of pollution and protection of public health; and,

6. A demonstration that the economic, social, and environmental costs of compliance exceed the economic, social, and environmental benefits of compliance.

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 8-10-98, 7-20-99, 7-17-17, 3-9-22.

Fla. Admin. Code R. 62-552.350 Pre-construction Loans for Rate-Based Community Water Systems

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 8-10-98, Amended 7-20-99, Repealed 7-17-17.

Fla. Admin. Code R. 62-552.360 Pre-construction Grants for Financially Disadvantaged Communities

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 8-10-98, Amended 7-20-99, Repealed 7-17-17.

Fla. Admin. Code R. 62-552.370 Construction Grants for Financially Disadvantaged Communities

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 8-10-98, Amended 7-20-99, Repealed 7-17-17.

Fla. Admin. Code R. 62-552.400 Program Administration Costs

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 7-20-99, Repealed 7-17-17.

Fla. Admin. Code R. 62-552.420 Project Allowances

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 8-10-98, 7-20-99, Repealed 7-17-17.

Fla. Admin. Code R. 62-552.430 Loan Applications and Agreements

(1) General.

(a) A complete loan application, Form Application DW-1, State Revolving Fund Loan Program for Drinking Water Facilities Loan Application, effective March 9, 2022, hereby adopted and incorporated by reference, shall be submitted to the Department within 120 days after the project is listed on the fundable portion of the priority list. The project sponsor may incorporate into the loan application, by reference, any information previously submitted to the Department. This form is available from the Department’s Drinking Water State Revolving Fund Program, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-14080.

(b) To receive a loan, a project sponsor must submit a complete loan application, provide reasonable assurance that it has the financial capability to complete the project and repay the loan, and enter into a negotiated written agreement. Loan agreements shall be offered to project sponsors for projects listed on the fundable portion of the priority list in the order of receipt of a complete loan application irrespective of priority score, project rank, or qualification for the financially disadvantaged and small-community reserve funds.

(c) If a project sponsor does not submit a complete loan application within 120 days, or a loan agreement is not executed within 210 days after a project is added to the fundable portion, the project shall be removed from the priority list at the next scheduled public meeting; unless the project sponsor can show good cause prior to that meeting documenting why the application was not submitted or why the agreement was not executed by the appropriate deadline. For the purpose of this paragraph, good cause shall mean unforeseen circumstances outside of the sponsor’s control or a showing that the sponsor is making a diligent effort to complete or execute the loan application or loan agreement.

(d) Project sponsors shall provide reasonable financial assurance that project activities will be completed, including requirements for service providers and equipment suppliers or manufacturers to provide performance guarantees, insurance covering workers’ compensation, comprehensive general liability, vehicle liability, and property damage to the extent that coverage is available for project activities.

(e) The Department shall have the primary responsibility for drafting the loan agreement and setting its terms. The loan agreement shall have terms to meet program requirements. Loan agreement covenants may vary for direct and leveraged loans. Projects being funded under (or pursuant to) different sections of the Act or as a result of different sources of pledged revenues may have different loan agreement provisions.

(f) The loan recipient shall certify that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.”

(2) Pledged Revenues. The loan recipient shall make deposits of pledged revenues to a restricted or assigned debt service account and shall be responsible for the maintenance of that account.

(a) Pledged revenues for projects sponsored by a local government shall be a minimum of 1.15 times the amount required to make each semiannual loan repayment unless the project sponsor establishes a restricted or assigned reserve account in an amount not less than the equivalent of two semiannual loan repayments. The pledged revenue coverage for the loan from the Department shall not be transferred or derived from coverage required by senior lien debt instruments.

(b) Pledged revenues for projects (other than those sponsored by a local governmental agency) shall be a minimum of 1.15 times the amount required to make each semiannual loan repayment and shall be secured with collateral. Real property pledged as collateral must have an appraised market value not less than 125% of the loan principal and have the value confirmed by an appraisal report less than 12 months old. The loan applicant must own the real property in fee simple without any encumbrances on the title to the property that would limit the Department’s ability to sell the property in case of default on the loan. Any mortgages or other liens must be subordinated to the Department’s security interest in the property pledged. Alternatively, a loan applicant may establish as collateral a trust or restricted account, accessible only by the Department in the event of default and exempt from claims of creditors or the account institution, funded by cash or cash equivalent in an amount of 100% of the loan principal.

(3) Legal Affirmation. When a loan agreement executed by a project sponsor is submitted to the Department for execution, it shall include an affirmation by the project sponsor’s legal counsel that:

(a) The loan agreement constitutes a valid and legal obligation of the borrower;

(b) The loan agreement specifies the revenues pledged to the repayment of the loan; and,

(c) The pledge is valid and enforceable.

(4) Security. The Department shall have no lien on or security interest in or claim on any monies or property except as expressly provided in the loan agreement and, for projects sponsored by other than a local government, the security interest agreement.

(5) Assurance of Compliance. The project sponsor shall provide assurance that:

(a) Records will be kept using generally accepted accounting practices. The Department, the Auditor General, and their agents shall have access to all records pertaining to the loan.

(b) Project facilities will be properly operated and maintained and best management practices shall be continued, as appropriate.

(c) Loan funds will not be used for the purpose of lobbying.

(6) Disbursements. Disbursements to the project sponsor shall be for allowable invoiced costs, unless the project sponsor qualifies and is approved for advanced payments in accordance with Section 216.181(16), F.S. Disbursements shall be subject to the following requirements:

(a) Requests for disbursements for construction, technical services, and for planning and design costs shall be accompanied by itemized summaries of the materials, labor, or services to identify the nature of the work performed. The disbursement package shall also include a statement that the construction or other services for which payment or reimbursement is sought has been satisfactorily performed. Plans, specifications, site certifications, and permits for any portion of construction completed under a design/build project that used a best value procurement process must be submitted to the department prior to disbursement of construction funds for that portion of construction completed;

(b) The materials, labor, and services shall be part of the approved project scope; and,

(c) The disbursement shall be due under the terms of the loan agreement, and there shall be money available under the loan agreement for payment.

(7) Repayments. The project sponsor shall begin repaying a loan no later than the date scheduled under the loan agreement. The scheduled date shall be six (6) months after the estimated completion date or, for projects using interim financing to complete the project prior to receiving a SRF loan, six (6) months after the first available interim loan payoff date.

(8) Loan Repayment Term.

(a) Loan repayment periods for construction projects sponsored by a local governmental agency shall be limited to twenty (20) years or the useful life of the project, whichever is less. Loan repayment periods may be extended to a maximum of thirty (30) years or the useful life of the project, whichever is less, as allowed under the Act for projects to benefit a small community that is financially disadvantaged.

(b) Repayment periods for construction loans sponsored by other than a local governmental agency shall be limited to twenty (20) years or the useful life of the project, whichever is less.

(c) Repayment periods for planning and design loans shall be limited to ten (10) years.

(9) Remedies for Defaults. Remedies for delinquent loan repayment and other events of default shall be limited to those set forth in the loan agreement. Events of default shall include non-compliance with any of the terms of the loan agreement. No delay or omission to exercise any right or power accruing upon an event of default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein.

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 8-10-98, 7-20-99, 7-17-17, 3-9-22.

Fla. Admin. Code R. 62-552.500 Funds Reserved for Specific Purposes

(1) Small Community Reserve.

(a) Fifteen percent of the funds allocated each year by the Department shall be reserved to fund projects that will serve small communities.

(b) When the priority list is adopted, any part of the reserved amount not needed for small community projects shall become available for all projects.

(2) Financially Disadvantaged Community Reserve.

(a) Up to fifteen percent of the funds allocated each year by the Department less the amount of any bonds issued or to be issued by the FWPCFC or up to the maximum percentage allowable of the Federal Capitalization Grants for Drinking Water SRF in any fiscal year, whichever is less, shall be reserved to fund projects that will serve financially disadvantaged communities.

(b) When the priority list is adopted, any part of the reserved amount not needed for financially disadvantaged community projects shall become available for all projects.

(3) Funds reserved for principal forgiveness. If required in the federal capitalization grant, funds shall be reserved for providing loan principal forgiveness to projects that qualify as a financially disadvantaged small community. The percentage of principal forgiveness shall be determined as described in paragraph 62-552.300(2)(b), F.A.C.

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 8-10-98, 7-20-99, 7-17-17.

Fla. Admin. Code R. 62-552.600 Project List Information

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 8-10-98, Repealed 7-17-17.

Fla. Admin. Code R. 62-552.650 Priority Determination

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 7-20-99, Repealed 7-17-17.

Fla. Admin. Code R. 62-552.655 Ranking Projects for Project List Development

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 8-10-98, Repealed 7-17-17.

Fla. Admin. Code R. 62-552.680 Environmental Review

(1) General.

(a) The Department shall perform an environmental review for each project to be funded. The environmental review shall evaluate the environmental significance of a proposed project and whether the planning of the project meets the requirements of this chapter. The results of the Department’s environmental review for each project shall be issued as an environmental information document which shall be valid for five (5) years from the date of issue, after such time, the document is no longer valid unless a Florida Reaffirmation Notice, pursuant to subsection 62-552.680(5), F.A.C., is written by the Department. The different environmental information documents are described in subsections (2) through (5), below. A notice of availability of an environmental information document shall be published in the Florida Administrative Register to announce the results of the Department’s environmental review. The notice of availability shall include instructions about the procedures for accessing the project information and the Department’s findings. The Department shall provide a thirty (30) day period commencing as of the date of the notice of availability for public comment about the environmental impacts of proposed projects. Written comments from the public shall be considered by the Department before approving a project for funding if postmarked or delivered within the thirty (30) day comment period to the Department.

(b) The project sponsor shall document cultural, historical, archaeological, and biological aspects of a project during the planning process. Conditions shall be placed on a financial assistance loan agreement to enhance the compatibility of the project with the existing environment when such conditions will satisfy environmentally based objections to the project.

(c) Review procedures, identical to those described in this subsection, shall be used when the Department amends an environmental information document to announce project changes that have potentially significant environmental impacts.

(2) Florida Categorical Exclusion Notice (FCEN). The Department shall issue a FCEN for certain projects that are not expected to generate controversy over potential environmental effects. A FCEN shall not be used when there are documented environmental objections to a project before the local governmental agency adopted the planning recommendations provided that such objections have a basis in statute, regulation, or ordinance.

(a) In issuing a FCEN, the Department shall:

1. Briefly describe the project, the justification for the categorical exclusion, and the proposed loan funding.

2. Conclude the environmental review only after the 30-day public comment period, under subsection (1), above, has expired and:

a. No information is received about adverse environmental impacts,

b. Information is received about adverse environmental impacts and the objections either are without a basis in statute, regulation, or ordinance or the objections are resolved, or

c. Information is received about adverse environmental impacts, the FCEN is rescinded, and an environmental review is undertaken according to subsection (3) or (4), below.

(b) Projects potentially eligible for categorical exclusion are:

1. Rehabilitation of existing facilities or replacement of existing structures, wells, waterlines, or equipment,

2. Facilities for the disinfection of public water supplies,

3. Facilities that will not result in more than a 50% increase of existing public water system capacity and there is no acquisition of land other than easements and rights-of-way where streets have been established, underground utilities installed, building sites excavated, or where such lands have otherwise been disturbed from a natural condition,

4. Back-up supply wells where, after disinfection, existing water quality meets drinking water standards and there is no acquisition of land; and,

5. Facilities that will result solely in the provision of adequate public water system pressure.

(3) Florida Finding of No Significant Impact (FFONSI). The Department shall issue a FFONSI when a project sponsor proposes a project not categorically excluded from a detailed environmental review and not requiring a Florida Environmental Impact Statement. In issuing a FFONSI, the Department shall:

(a) Record the basis for the decision to provide financial assistance for the project, addressing:

1. The environmental consequences of the project,

2. The purpose and the need for the project,

3. The alternatives, including no action, and the cost considerations for the project,

4. Any environmental enhancement measures to be implemented,

5. The public participation process,

6. The results, if available, of the State Clearinghouse Review; and,

7. Compliance with relevant rules of the Department.

(b) Consider public comments about environmental impacts of a project if the comments are received within 30 days after the date of posting of the notice of availability.

(c) Conclude the environmental review for the project only after the 30-day comment period has expired, and:

1. No information is received about previously unconsidered adverse environmental impacts; and,

2. Information is received about previously unconsidered adverse environmental impacts and one of the following occurs:

a. The objections are either without a basis in statute, regulation, or ordinance or the objections are resolved,

b. A re-evaluation of the project is made as a result of the comments and the Department confirms the original decision or requires environmental enhancement measures before implementing the project, or

c. The FFONSI is rescinded.

(4) Florida Environmental Impact Statement (FEIS). A FEIS and a Florida Record of Decision (FROD), as required in 40 CFR Part 35 Subparts K & L, shall be used for a project for which there is an adverse direct or indirect impact on land use and population patterns, the quality of the environment, cultural or environmental resource areas, or the habitats of endangered or threatened species. A FEIS and FROD also shall be used when there is unresolved public controversy over the environmental impacts of a project provided that the objections to the project have a basis in statute, regulation, or ordinance. A FEIS shall be prepared by the Department or, at the direction of the Department and in accordance with the Consultants’ Competitive Negotiation Act, Section 287.055, F.S., by others with no conflicting interest in the outcome. In completing the environmental review, the Department shall:

(a) Issue a notice of intent to prepare a FEIS for the project;

(b) Develop a plan of study and convene a meeting of government, including EPA, and other interested parties to determine the scope of the FEIS;

(c) Identify and evaluate project alternatives;

(d) Provide for public participation and review by federal and state environmental regulatory agencies;

(e) Ensure that adverse impacts of the project are minimized or eliminated;

(f) Document the findings of the environmental review using both the FROD and FEIS;

(g) Announce the funding eligibilities using a FROD and consider public comments about environmental impacts if received during the thirty (30) day period beginning on the date of posting of the notice of availability in the Florida Administrative Register; and,

(h) Conclude the environmental review only after a 30-day public comment period has expired without receipt of comments about adverse environmental impacts or if, after receipt of such comments, the Department takes action to:

1. Confirm the original decision,

2. Require additional analysis and environmental enhancement as a condition of confirmation of the original decision, or

3. Rescind the original decision.

(5) Florida Reaffirmation Notice (FRAN). A FRAN shall be used to establish the Department’s continuing intention to make funds available for unimplemented projects, the planning for which was previously documented as accepted by the Department in a FCEN, FFONSI, FROD, or analogous documents issued by EPA, or amendments to any of the foregoing that are no longer valid after five (5) years have elapsed since issuance. In issuing a FRAN, the Department shall:

(a) State the findings being reaffirmed.

(b) Consider public comments about changed conditions altering the environmental impacts since the previous FCEN, FFONSI, FROD, or analogous documents issued by EPA, or amendments to any of the foregoing. Comments shall be considered if received during the thirty (30) day period beginning on the date of posting of the notice of availability of the FRAN in the Florida Administrative Register.

(c) Conclude the environmental review only after the public comment period has expired, and:

1. No information is received about changed conditions resulting in adverse environmental impacts; and,

2. Information is received about changed conditions resulting in adverse environmental impacts and one of the following occurs:

a. The objections are resolved,

b. A re-evaluation of the project is made as a result of the comments and the Department confirms the original decision or requires environmental enhancement measures before implementing the project, or

c. The FRAN is rescinded.

(6) State Clearinghouse. Project planning documentation shall be submitted to the state clearinghouse for review in acordance with Section 403.061(42), F.S. All comments resulting from this review shall be addressed by the Department prior to its approval of the planning documentation. Projects that meet FCEN criteria, as given in paragraph 62-552.680(2)(b), F.A.C., above, shall be exempt from a planning document review by the State Clearinghouse.

(7) Project Revision Memoranda (PRM). For a project that requires modifications to the selected alternative that does not alter its environmental effects, a PRM shall be written by the Department to document the changes.

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 8-10-98, 7-17-17, 3-9-22.

Fla. Admin. Code R. 62-552.700 Planning, Design, Construction, and Procurement

(1) General. The requirements of subsections (2) through (6), below, shall be met for all projects. Qualifying projects, including eligible conservation projects, may only need a subset of these requirements depending on the scope of work.

(a) Federal regulations incorporated by reference shall be read so that the terms “United States,” “federal,” “EPA,” and “officials of EPA” mean “the Department” unless the context clearly indicates otherwise.

(b) Capitalization grant projects shall be subject to the requirements of specific federal cross-cutting authorities identified in the loan application.

(2) Project Planning Documentation. The project sponsor shall submit the following planning documentation.

(a) Sufficient illustrative detail of the local area to identify where the project or activity would be located to include existing and proposed service areas. Landmarks and other readily identifiable features shall be noted.

(b) A description of the existing and recommended facilities and system performance, projection of population and water demand, present and historic water usage and population, estimated capital costs, and estimated operation and maintenance costs, if applicable.

(c) Identify and locate wellhead and source water protection areas that may be impacted and potential pollution sources that may affect drinking water sources within the project area as a result of the proposed project.

(d) Description of any technical services performed during project planning and design as described in paragraph 62-552.300(3)(g), F.A.C.

(e) The need or justification for the project or activity and the environmental and economic impacts and benefits of the project.

(f) A cost comparison of at least three alternatives, unless it can be demonstrated that fewer alternatives are available. The project sponsor shall demonstrate that several cost effective alternatives were considered for the proposed project.

(g) Resolution of comments received by the Florida State Clearinghouse during its intergovernmental review of the project.

(h) The public participation process used to explain the project and the financial impacts to the public. The public participation process shall include the project sponsor’s public meeting held before the project sponsor’s acceptance of the planning recommendations. The public meeting shall provide for public participation in the evaluation of project alternatives and shall inform the public of the capital cost of the proposed project and the long-term financial impacts on the customers. Notice of the public meeting shall be in accordance with local requirements or 14 days prior to, whichever is greater.

(i) Financial feasibility information addressing the following:

1. The sources and amounts of revenues to be dedicated to repaying the loan and the expenses, charges, and liens against or to be paid from such dedicated funds or revenues. The information shall demonstrate the ability to repay the loan with a margin of safety. Examples of a margin of safety are as follows:

a. Pledged revenue coverage ratio of at least 1.15 for projects sponsored by a local governmental agency; and,

b. A current term debt and capital lease coverage ratio of at least 1.15, as explained in subsection 62.552.300(7), F.A.C., for projects sponsored by other than a local governmental agency.

2. Capital improvements that will be financed from the same funds or revenues dedicated to repaying the loan.

3. The proposed system of charges, rates, fees, and other collections that will generate the revenues to be dedicated to loan repayment. The rate structure of the revenue generation system shall be approved at least six months before the first State Revolving Fund loan repayment is due or before the project closeout, whichever occurs first. The rate structure shall be implemented in a timely manner to ensure the generation of sufficient revenues dedicated to loan repayment and may be implemented in phases to the extent timely and sufficient revenue generation will be accomplished. The revenue generation system shall be revised, as necessary, to satisfy the pledged revenue requirements of the loan.

(j) An updated Request for Inclusion to include the schedule, scope, and costs for implementing the recommended facilities or activities, if necessary.

(k) An adopting resolution or other action establishing a commitment to implementing the planning recommendations.

(l) Demonstration that the project sponsor has the technical, managerial, and financial capability to implement the planning document.

(3) Plans and Specifications. The project sponsor shall submit biddable plans and specifications conforming to the planning documentation described in subsection 62-552.700(2), F.A.C., for projects involving construction. For design/build projects using a best value procurement process, the sponsor shall submit a copy of the request for proposals and a design criteria package that meets the requirements of the Consultants’ Competitive Negotiation Act, Section 287.055, F.S. Final permitted plans and specifications shall be submitted for each component of the project.

(4) Site Certification. The project sponsor shall certify that all sites necessary for the construction, operation, and maintenance of the project or to otherwise carry out project activities over the useful life of the project are available.

(5) Permitting. The project sponsor shall submit evidence that all required permits have been obtained, or written documentation from the applicable permitting authorities that the project will be permitted, or that a permit is not required.

(6) Procurement. Procurement must be in conformance with 40 CFR 31.36, (July 1, 2011), hereby adopted and incorporated by reference. This document is available from the Department’s Drinking Water State Revolving Fund Program, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-08367. When procuring property and services under a SRF loan, a project sponsor shall follow the policies and procedures it uses for procurements from its non-SRF funds provided that the procurement conforms to applicable federal, state and local laws and regulations, and the following requirements. The procurement of professional services for planning, design, and construction shall meet CCNA requirements and shall not exceed the monetary limits of a continuing contract.

(a) All procurement transactions shall be conducted in a manner providing full and open competition. The use of statutorily or administratively imposed in-state or local geographical preferences in the evaluation of bids or proposals is prohibited. For small purchases that cost $35,000 or less, a price or rate quotation shall be obtained from a minimum of two qualified sources.

(b) Construction contractors shall be selected according to a recognized procurement method such as formal advertised competitive bidding, competitive best value or competitive qualifications-based proposals, or noncompetitive proposals. Delivery methods shall be design/bid/build, design/build or construction manager at risk.

(c) Requirements for the formal advertised competitive bidding method of procurement shall be as follows:

1. All solicitations shall incorporate a clear and accurate description of the technical requirements for the materials, products, or services to be procured.

a. Such description shall not contain features that unduly restrict competition.

b. The description shall include a statement of the qualitative nature of the materials, products or services to be procured and; when necessary, shall set forth those minimum essential characteristics and standards to which they must conform to satisfy their intended use.

c. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equal” description may be used as a means to define the performance or other salient requirements of a procurement. The specific features of the named brand which must be met by the bidders shall be clearly stated.

d. All requirements that the bidders must fulfill and all other factors to be used in evaluating bids or proposals shall be identified.

2. Project sponsors shall ensure that all prequalified lists of persons, firms, or products that are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition.

3. The invitation for bids shall be publicly advertised and bids shall be solicited from an adequate number of known suppliers to ensure open competition, providing them sufficient time prior to the date set for opening the bids. It is recommended that the invitation to bid be advertised in an electronic plan room.

4. The invitation for bids, which shall include any specifications and pertinent attachments, shall define the items or services in order for the bidder to properly respond.

5. All bids shall be publicly opened at the time and place prescribed in the invitation for bids, and a firm-fixed-price contract (lump sum or unit price) awarded to the responsible bidder whose bid conforms to all the material terms and conditions of the invitation for bids.

6. Any or all bids may be rejected if there is a sound, documented reason.

7. Project changes after advertising for bids or other project proposals and before bid or proposal opening shall be made by addendum. Changes to executed contracts involving construction shall be made by change order. The project sponsor shall submit all addenda and change orders to the Department. The Department shall perform an eligibility determination for each change order.

(d) Competitive proposals shall be solicited from an adequate number of qualified sources to ensure open competition. The loan recipients shall have a method for conducting technical evaluations of the proposals received and for selecting awardees.

1. For the competitive best value selection method of procurement, awards shall be made to the responsible firm whose proposal is most advantageous to the loan recipient, with price and other factors considered.

2. For the competitive qualifications-based selection method of procurement, statements of qualifications shall be solicited from an adequate number of sources. Statements of qualifications received from at least three responsible firms shall be considered adequate unless it is determined by the loan recipient that it is in its best interest to proceed with the procurement having received less than three proposals. Statements of qualifications shall be evaluated based on the request for qualifications. Awards shall be made to the responsive and responsible firm whose statement of qualifications is deemed to be most advantageous by the loan recipient.

(e) Requirements for the noncompetitive proposals method of procurement shall be as follows:

1. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source or, after solicitation of a number of sources, the competition is determined inadequate.

2. Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids or competitive proposals, and one of the following circumstances applies:

a. The item is available only from a single source,

b. The public exigency or emergency for the requirement shall not permit a delay resulting from competitive solicitation, or

c. After solicitation of a number of sources, competition is determined inadequate.

3. A cost analysis verifying the proposed cost data and an evaluation of the specific elements of costs and profits is required.

4. Loan recipients shall submit the proposed procurement to the Department for pre-award review.

(f) Design/build and Construction Manager at Risk (CMR) procurement shall meet the requirements of the Consultants’ Competitive Negotiation Act, Section 287.055, F.S.

1. Competitive best value or competitive qualifications-based selection shall be used as the selection process for design/build procurement.

a. Requests for competitive best value or competitive qualifications-based selection shall be submitted to the Department prior to advertising for a determination of compliance with loan program requirements.

b. The proposal solicitation shall describe the work eligible for a loan, the requirements with which the successful respondent shall comply, and the evaluation process to be used in selecting the successful respondent.

c. The design/build team will be identified as part of awarding the contract. If the construction contractor is not identified as part of the award, procurement shall follow steps to ensure a competitive process as described in paragraphs 62-552.700(6)(a) through 62-552.700(6)(d), F.A.C.

2. Competitive qualifications-based selection shall be used in the selection process for CMR procurement.

a. The request for qualifications shall describe the work eligible for a loan, the requirements with which the successful respondent shall comply, and the evaluation process to be used in selecting the successful respondent.

b. Requests for qualifications shall be submitted to the Department prior to advertising for a determination of compliance with loan program requirements.

c. Work performed directly by the CMR shall be limited to no more than 50% of the guaranteed maximum price unless a higher percentage is requested and approved by the Department. For any construction work that will be performed by the CMR, bids or request for proposals shall be submitted to and reviewed by the sponsor or any other neutral party as determined by the sponsor to avoid a conflict of interest.

3. Advertising shall include announcement in a publication having general circulation on a statewide basis, in a construction trade journal, in a professional journal, or in an electronic plan room. It is recommended that the announcement be advertised in an electronic plan room.

4. The time allowed for development of qualifications shall be commensurate with the complexity and extent of the work and with the extent of the conceptual documents provided with the request for qualifications.

5. The project sponsor shall demonstrate that the competition solicited is sufficient for the complexity and extent of the work.

(g) Loan recipients shall maintain a contract administration system that ensures contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.

(h) Loan recipients shall maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. No employee, officer, or agent of the loan recipient shall participate in selection, or in the award or administration of a contract supported by SRF funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his immediate family, his or her partner, or an organization that employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The loan recipient’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements. Loan recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by state or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the loan recipient’s officers, employees, or agents, or by contractors or their agents.

(i) Loan recipients are encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. Loan recipients are also encouraged to complete water efficiency and energy audits to minimize operational costs.

(j) Loan recipients shall make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

(k) Loan recipients shall maintain records sufficient to detail the significant history of a procurement. These records shall include the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.

(l) Loan recipients shall be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements.

(m) Retention of all required records for five (5) years after loan recipients or sub loan recipients make final payments and all other pending matters are closed.

(n) For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold, the Department shall accept the bonding policy and requirements of the loan recipient when the Department has made a determination that the Department’s interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows:

1. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.

2. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract.

3. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

(o) A loan recipient’s contracts shall contain provisions for:

1. Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms,

2. Such sanctions and penalties as may be appropriate,

3. Termination for cause and for convenience by the loan recipient including the manner by which it shall be effected and the basis for settlement,

4. Access by the loan recipient, the Department, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor that are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions; and,

5. Incorporating the Department’s Supplementary Conditions into its bid, request for proposals, or request for qualifications documents. These Supplementary Conditions include, but are not limited to, the following provisions:

a. Equal Employment Opportunity compliance,

b. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act, section 508 of the Clean Water Act, and Executive Order 11738; and,

c. Contracting with small and minority firms, women’s business enterprise, and labor surplus area firms (if applicable).

(7) Asset Management Plan. Loan recipients are encouraged to implement an asset management plan to promote long term sustainability of the system. To be accepted for the interest rate adjustment and to be eligible for reimbursement, an asset management plan must be adopted by ordinance or resolution and written procedures must be in place to implement the plan and it shall be implemented in a timely manner. The plan must include each of the following:

(a) Identification of all assets within the project sponsor’s system;

(b) An evaluation of the current age, condition, and anticipated useful life of each asset;

(c) The current value of the assets;

(d) The cost to operate and maintain all assets;

(e) A capital improvement plan based on a survey of industry standards, life expectancy, life cycle analysis, and remaining useful life;

(f) An analysis of funding needs;

(g) An analysis of population growth and drinking water use projections, as applicable, for the sponsor’s planning area, and a model, if applicable, for impact fees; commercial, industrial and residential rate structures;

(h) The establishment of an adequate funding rate structure;

(i) A threshold rate set to ensure the proper operation of the utility; if the sponsor transfers any of the utility proceeds to other funds, the rates must be set higher than the threshold rate to facilitate the transfer and proper operation of the utility; and,

(j) A plan to preserve the assets; renewal, replacement, and repair of the assets, as necessary; and a risk-benefit analysis to determine the optimum renewal or replacement time.

(k) A plan to evaluate and implement water and energy conservation efforts that meet the requirements set forth in section 602(b)(13)(B) of the Federal Water Pollution Control Act.

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 8-10-98, 7-17-17, 3-9-22.

Fla. Admin. Code R. 62-552.800 Audits Required

(1) Federal or State Audit Required.

(a) In the event that the project sponsor expends more than the federal audit threshold in federal awards in its fiscal year, the project sponsor must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F, Appendix XI Compliance Supplement, June 2019, hereby adopted and incorporated by reference. This document is available from the Department’s Drinking Water State Revolving Fund Program, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000, or electronic versions are available at http://www.whitehouse.gov/wp-content/uploads/2019/07/2-CFR_Part-200_Appendix-XI_Compliance-Supplement_2019)FINAL_07.01.19.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-14081.

(b) Section 215.97, F.S., and applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, impose audit requirements on the project sponsor and sub-recipients based on designated thresholds for expenditures. Each agreement entered into pursuant to this rule chapter shall include the audit requirements applicable to the project at the time the agreement is executed.

(2) Pursuant to Section 215.97, F.S., the state is authorized to conduct an audit within five (5) years following project closeout if loan compliance problems have been noted; record keeping deficiencies are noted during close-out; the project involves unusual or questioned costs; or other justification for conducting the audit becomes apparent.

(a) The Department shall give the project sponsor advance notice of any audit.

(b) The Department shall prepare a written report on each audit and shall provide a copy of the report to the project sponsor. The project sponsor must respond, in writing, to the findings and recommendations within 30 days after receipt of a written request from the Department.

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 8-10-98, 7-17-17, 3-9-22.

Fla. Admin. Code R. 62-552.900 Forms for the State Revolving Fund Program for Drinking Water Facilities

History

• Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS. History–New 4-7-98, Amended 8-10-98, 7-20-99, Repealed 7-17-17.

Chapter 62-554 WATER STORAGE FACILITY LOAN PROGRAM

Fla. Admin. Code R. 62-554.100 Definitions

For purposes of this rule chapter:

(1) “Local governmental agency” means any municipality, county, district, or authority, or any agency thereof, or a combination of such, acting jointly in connection with a project, which has jurisdiction over a water storage facility.

(2) “Project Sponsor” means a local government or water supply entity that has applied, or intends to apply, for funding under this chapter.

(3) “Water storage facility” or “facility” means all facilities, including land, necessary for an above-ground or in-ground reservoir, including aquifer storage and recovery. Such facilities may be publicly owned, privately owned, investor-owned, or cooperatively held.

(4) “Water Supply Entity” means a water utility, local government, or a multijurisdictional water supply entity as defined in subsection 373.019(12), F.S., that is responsible for public water supply development or alternative water supply development projects listed pursuant to a regional water supply plan.

History

• Rulemaking Authority 373.475 FS. Law Implemented 373.475 FS. History–New 7-19-18, Reviewed 8-26-26.

Fla. Admin. Code R. 62-554.200 General Program Requirements

(1) This chapter implements section 373.475, F.S., and provides procedures and criteria for making loans to water supply entities for the development and construction of water storage facilities to increase the availability of sufficient water for all existing and future reasonable-beneficial uses and natural systems.

(2) Loan amounts for up to 75 percent of the costs of planning, designing, constructing, upgrading, or replacing water resource infrastructure or facilities, whether natural or man-made, including the acquisition of real property for water storage facilities may be awarded. Loans shall be a minimum of $75,000.

(3) The Department shall solicit proposals at least once a year, in years which funding is appropriated by the legislature for water storage facility projects to receive loan funding under this chapter. Any solicitation for proposals by the Department shall specify the weight to be given to the criteria set forth in subsection 62-554.300(2), F.A.C., for purposes of ranking proposals that are received by the Department. In years in which funding is available, projects will be awarded funding in order of rank until the appropriated funds are exhausted.

(4) If the Department is soliciting proposals for projects, an interested applicant may apply for loan funding under this chapter for activities identified in paragraph 373.475(3)(a), F.S., by submitting Water Storage Facility Loan Program Request for Funding, Form 1, effective 7-19-18, hereby adopted and incorporated by reference. Copies of the form may be obtained by writing to the Florida Department of Environmental Protection, Drinking Water State Revolving Fund, 3900 Commonwealth Boulevard, Mail Station 3505, Tallahassee, Florida 32399 or the form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-09536.

(5) The Department shall perform an environmental review for each project to be funded in accordance with rule 62-552.680, F.A.C.

(6) The project sponsor shall submit the following:

(a) Evidence of the permittability or implementability of the facility proposed for financial assistance.

(b) Evidence that the purpose of the water storage facility proposed for financial assistance is consistent with the applicable water supply plan.

(c) The public participation process used to explain the project and the financial impacts to the public.

(d) Financial feasibility information addressing the following:

1. The sources and amounts of revenues to be dedicated to repaying the loan and the expenses, charges, and liens against or to be paid from such dedicated funds or revenues. The information shall demonstrate the ability to repay the loan with a margin of safety, which includes the following:

a. Pledged revenue coverage ratio of at least 1.15 for projects sponsored by a local governmental agency;

b. A current term debt and capital lease coverage ratio of at least 1.15, as explained in subsection 62-554.400(3), F.A.C., for projects sponsored by other than a local governmental agency; or

c. Other equivalent means of providing a margin of safety, as approved by the Department.

2. Capital improvements that will be financed from the same funds or revenues dedicated to repaying the loan.

3. The proposed system of charges, rates, fees, and other collections that will generate the revenues to be dedicated to loan repayment. The rate structure of the revenue generation system shall be approved at least six months before the first loan repayment is due or before the project closeout, whichever occurs first. The rate structure shall be implemented in a timely manner to ensure the generation of sufficient revenues dedicated to loan repayment and may be implemented in phases to the extent timely and sufficient revenue generation will be accomplished. The revenue generation system shall be revised, as necessary, to satisfy the pledged revenue requirements of the loan.

(7) Procurement. Procurement of goods and services by loan recipients under this loan program must be in conformance with the applicable provisions of chapter 287, F.S. When procuring property and services under a Department loan, a project sponsor shall follow the policies and procedures it uses for procurements from its non-Department funds provided that the procurement conforms to applicable state and local laws and regulations.

History

• Rulemaking Authority 373.475 FS. Law Implemented 373.475 FS. History–New 7-19-18, Reviewed 8-26-26.

Fla. Admin. Code R. 62-554.300 Project Selection Criteria

(1) After the closing date for submittal of requests for funding, complete and timely project requests meeting the requirements of rule 62-554.200, F.A.C., shall be evaluated and ranked on the criteria in this section in accordance with the Department solicitation issued pursuant to subsection 62-554.200(3), F.A.C.

(2) In developing the solicitation criteria, the Department shall give priority to the following criteria:

(a) Projects that provide for the development of alternative water supply projects and management techniques in areas where existing source waters are limited or threatened by saltwater intrusion, excessive drawdowns, contamination, or other problems;

(b) Projects that contribute to the sustainability of regional water sources;

(c) Projects that produce additional water available for consumptive uses or natural systems;

(d) Projects that diversify water supply so that the needs of consumptive uses and the natural system are met during wet and dry conditions;

(e) Projects that provide flexibility in addressing the unpredictability of water conditions from water year to water year.

(3) In addition to the above criteria, projects must be the following:

(a) Cost-effective, environmentally sound, and implementable, and

(b) Self-supporting if the project is primarily for the purpose of water supply for consumptive use.

History

• Rulemaking Authority 373.475 FS. Law Implemented 373.475 FS. History–New 7-19-18, Reviewed 8-26-26.

Fla. Admin. Code R. 62-554.400 Loan Applications and Agreements

(1) General.

(a) To receive a loan, a project sponsor must submit a complete loan application, provide reasonable assurance that it has the financial capability to complete the project and repay the loan, and enter into a written loan agreement. A complete loan application, Water Storage Facility Loan Program, Loan Application, Form 2, effective 7-19-18, adopted and incorporated by reference shall be submitted to the Department within 120 days after the after the project sponsor receives confirmation of award. The project sponsor may incorporate into the loan application, by reference, any information previously submitted to the Department. This form is available from the Department’s Drinking Water State Revolving Fund Program, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-09537.

(b) If a project sponsor does not submit a complete loan application within 120 days, or a loan agreement is not executed within 210 days after sponsor receives confirmation of award, the notice of award will be rescinded and the next highest priority project that did not receive complete requested funding will be awarded those funds; unless the project sponsor can show good cause prior to that meeting documenting why the application was not submitted or why the agreement was not executed by the appropriate deadline. For the purpose of this paragraph, good cause shall mean unforeseen circumstances outside of the sponsor’s control or a showing that the sponsor is making a diligent effort to complete or execute the loan application or loan agreement.

(c) Project sponsors shall provide financial assurance that project activities will be completed, including requirements for service providers and equipment suppliers or manufacturers to provide performance guarantees, insurance covering workers’ compensation, comprehensive general liability, vehicle liability, and property damage to the extent that coverage is available for project activities.

(d) A loan service fee between two and four percent of the total loan amount less capitalized interest shall be estimated at the time of execution of the loan agreement, revised with any increase or decrease amendment, and shall be finalized in the final loan amendment based on the total loan disbursed. The loan recipient shall pay the loan service fee from the first repayment(s) following the final amendment. The Loan Service Fee shall not be included in the principal of the loan.

(e) Before approval of a loan, the local government or water supply entity must, at a minimum, submit all the following to the department:

1. A proposed repayment schedule.

2. Evidence that all required permits have been obtained, or written documentation from the applicable permitting authorities that the project will be permitted, or that a permit is not required.

3. Plans and specifications, biddable contract documents, or other documentation of appropriate procurement of goods and services.

4. Written assurance that records will be kept using generally accepted accounting principles and that the department or its agents and the Auditor General will have access to all records pertaining to the loan.

5. If the facility is primarily for the purpose of water supply for consumptive use as provided in paragraph 373.475(4)(e), F.S., documentation that it will be self-supporting.

6. Documentation that the water management district’s governing board within whose boundaries the facility will be located has approved the facility. If the facility crosses jurisdictional boundaries, approval from each applicable district must be documented and provided to the department.

7. Survey of property to be mortgaged and title opinion, as applicable.

(2) Interest Rate. The interest rate shall be 60% of the market rate as established using the Thomson Publishing Corporation’s “Bond Buyer” 20-Bond GO Index and shall not exceed that paid on the last bonds sold pursuant to s. 14, Art. VII, State Constitution. The market rate is established by the Department as of January 1, April 1, July 1, and October 1 of each year and it is the average weekly yield during the three (3) months immediately preceding the date of determination. The average weekly yield is derived from the yields reported in the “Bond Buyer” for the full weeks occurring during the three-month period. Once established in the loan agreement, the interest rate shall be fixed for the principal amount of the loan.

(3) Pledged Revenues. The loan recipient shall make deposits of pledged revenues to a restricted or assigned debt service account and shall be responsible for the maintenance of that account.

(a) Pledged revenues for projects sponsored by a local government shall be a minimum of 1.15 times the amount required to make each semiannual loan repayment unless the project sponsor establishes a restricted or assigned reserve account in an amount not less than the equivalent of two semiannual loan repayments. The pledged revenue coverage for the loan from the Department shall not be transferred or derived from coverage required by senior lien debt instruments.

(b) Pledged revenues for projects sponsored by other than a local governmental agency shall be a minimum of 1.15 times the amount required to make each semiannual loan repayment and shall be secured with collateral having an appraised market value not less than 125% of the total of both the dollar amount owed on the property and the dollar amount of the loan principal. The appraisal report must be less than 12 months old at the time the loan application is received. The loan applicant must own the real property in fee simple without any encumbrances on the title that would prevent sale of the property in case of default on the loan.

(4) Legal Affirmation. When a loan agreement executed by a project sponsor is submitted to the Department for execution, it shall include an affirmation by the project sponsor’s legal counsel that:

(a) The loan agreement constitutes a valid and legal obligation of the borrower;

(b) The loan agreement specifies the revenues pledged to the repayment of the loan; and,

(c) The pledge is valid and enforceable.

(5) Security. The Department shall have no lien on or security interest in or claim on any monies or property except as expressly provided in the loan agreement and, for projects sponsored by other than a local government, the security interest agreement and mortgage, as applicable.

(6) Assurance of Compliance. The project sponsor shall provide assurance that:

(a) Records will be kept using generally accepted accounting principles. The Department, the Auditor General, and their agents shall have access to all records pertaining to the loan.

(b) Project facilities will be properly operated and maintained and best management practices shall be continued, as appropriate.

(c) Loan funds will not be used for the purpose of lobbying.

(7) Disbursements. Disbursements to the project sponsor shall be for allowable invoiced costs, unless the project sponsor qualifies and is approved for advanced payments in accordance with subsection 216.181(16), F.S. Disbursements shall be subject to the following requirements:

(a) Requests for disbursements for construction, technical services, and for planning and design costs shall be accompanied by itemized summaries of the materials, labor, or services to identify the nature of the work performed. The disbursement package shall also include a statement that the construction or other services for which payment or reimbursement is sought has been satisfactorily performed;

(b) The materials, labor, and services shall be part of the approved project scope; and,

(c) The disbursement shall be due under the terms of the loan agreement, and there shall be money available under the loan agreement for payment.

(8) Repayments. The project sponsor shall begin repaying a loan no later than the date scheduled under the loan agreement.

(9) Loan Repayment Term. Loan repayment periods for construction projects sponsored by a water supply entity shall not exceed thirty (30) years.

(10) Loan Certification. If requested in writing by the Department, the project sponsor’s authorized representative or its chief financial officer shall submit a certification that:

(a) Pledged revenue collections satisfy the rate coverage requirement;

(b) The debt service account contains the funds required;

(c) The restricted or assigned pledged revenue account contains the funds required, if applicable; and,

(d) The revenue generation system is in conformance with subparagraph 62-554.200(6)(d)3., F.A.C.

(11) Remedies for Defaults. Remedies for delinquent loan repayment and other events of default shall be limited to those set forth in the loan agreement. Events of default shall include non-compliance with any of the terms of the loan agreement. No delay or omission to exercise any right or power accruing upon an event of default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein.

History

• Rulemaking Authority 373.475 FS. Law Implemented 373.475 FS. History–New 7-19-18.

Fla. Admin. Code R. 62-554.500 Audits Required

(1) State Audit Required. section 215.97, F.S., imposes audit requirements on the project sponsor and sub-recipients based on designated thresholds for expenditures. Each agreement entered into pursuant to this rule chapter shall include the audit requirements applicable to the project at the time the agreement is executed.

(2) Loan recipients are advised that pursuant to section 215.97, F.S., the state is authorized to conduct an audit within five (5) years following project closeout if loan compliance problems have been noted; record keeping deficiencies are noted during close-out; the project involves unusual or questioned costs; or other justification for conducting the audit becomes apparent.

(a) The Department shall give the project sponsor reasonable advance notice of any audit.

(b) The Department shall prepare a written report on each audit and shall provide a copy of the report to the project sponsor. The project sponsor must respond, in writing, to the findings and recommendations within 20 days after receipt of the written report from the Department.

History

• Rulemaking Authority 373.475 FS. Law Implemented 373.475 FS. History–New 7-19-18, Reviewed 8-26-26.

Chapter 62-555 PERMITTING, CONSTRUCTION, OPERATION, AND MAINTENANCE OF PUBLIC WATER SYSTEMS

Fla. Admin. Code R. 62-555.101 Authority, Intent, and Policy

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.851 FS. History–New 1-18-89, Formerly 17-555.101, Repealed 12-10-96.

Fla. Admin. Code R. 62-555.102 Scope

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.851, 403.853(2) FS. History–New 1-18-89, Formerly 17-555.102, Repealed 12-10-96.

Fla. Admin. Code R. 62-555.103 Effective Date

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.54(13)(a), 403.861(9) FS. History–New 1-1-93, Formerly 17-555.103, Repealed 12-10-96.

Fla. Admin. Code R. 62-555.200 Definitions

History

• Rulemaking Authority 403.861(8) FS. Law Implemented 403.853, 403.862 FS. History–New 1-18-89, Formerly 17-555.200, Repealed 12-10-96.

Fla. Admin. Code R. 62-555.300 General

History

• Rulemaking Authority 403.861(9), (10) FS. Law Implemented 403.852(12) FS. History–New 11-19-87, Formerly 17-22.600, Amended 1-18-89, Formerly 17-555.300, Repealed 12-10-96.

Fla. Admin. Code R. 62-555.310 Source and Siting Requirements for Public Water Systems

(1) Suppliers of water shall obtain raw water from the best available source that is economically sensible and technically possible and shall make an effort to protect the source from contamination.

(2) Advanced treated water from a permitted ATWF may be used as a water source by a PWS for the production of drinking water only in accordance with the requirements of Rule 62-550.305, F.A.C.

(3) To the extent practicable, suppliers of water and persons constructing public water systems shall avoid locating any part of a new public water system, and any expansion of an existing public water system, at any site that:

(a) Is subject to significant risk from contamination that could adversely affect the quality of drinking water or is subject to significant risk from floods, fires, or other disasters that could cause a breakdown of the public water system or any portion thereof, or

(b) Except for surface water impoundments, reservoirs, or intake structures (including pumping facilities) and except for underground piping and appurtenances, is within the floodplain of a 100-year flood or is lower than any recorded high tide.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.852(12), 403.853(1) FS. History–New 11-19-87, Formerly 17-22.610, Amended 1-18-89, Formerly 17-555.310, Amended 8-28-03, 2-26-25.

Fla. Admin. Code R. 62-555.312 Location of Public Water System Wells

For the purpose of this section, the phrase “new wells” shall mean wells being newly connected, or reconnected, to a public water system (PWS).

(1) All wells that were connected to a PWS on or after November 9, 1977, but before December 13, 1983, and wells that are, or will be, supplying a PWS serving premises with an estimated collective sewage flow of 2,000 gallons or less per day and that were, or will be, connected to the PWS on or after December 13, 1983, shall be no closer than 100 feet from any “on-site sewage treatment and disposal system” (OSTDS) as defined in Section 381.0065(2), F.S., and Rule 64E-6.002, F.A.C., regardless of the location of the OSTDS. Wells that are, or will be, supplying a PWS serving premises with an estimated collective sewage flow greater than 2,000 gallons per day and that were, or will be, connected to the PWS on or after December 13, 1983, shall be no closer than 200 feet from any OSTDS, regardless of the location of the OSTDS.

(2) New wells shall not be placed within the setback distances discussed in subsection 62-532.400(7), F.A.C., and listed in Part A of Table I in Chapter 62-532, F.A.C.

(3) New wells shall be located no closer than 100 feet from other sanitary hazards that pose a potentially high risk to ground water quality and public health and shall be located no closer than 50 feet from other sanitary hazards that pose a moderate risk to ground water quality and public health. The following are examples of other sanitary hazards that pose a potentially high risk: active or abandoned mines; airplane or train fueling or maintenance areas at airports and railroad yards; animal feeding operations other than those regulated under Rule 62-670.500, F.A.C.; concentrated aquatic animal production facilities; domestic wastewater collection/transmission systems; drainage or injection wells, oil or gas production wells, and improperly constructed or abandoned wells (i.e., wells not constructed or abandoned in accordance with Chapter 62-532, F.A.C.); fertilizer, herbicide, or pesticide storage areas at agricultural sites, golf courses, nurseries, and parks; graveyards; impoundments and tanks that process, store, or treat domestic wastewater, domestic wastewater residuals, or industrial fluids or waste and that are not regulated under Rule 62-670.500, F.A.C.; industrial waste land application areas other than those regulated under Rule 62-670.500, F.A.C.; junkyards and salvage or scrap yards; pastures with more than five grazing animals per acre; pipelines conveying petroleum products, chemicals, or industrial fluids or wastes; and underground storage tanks that are not regulated under Chapter 62-761, F.A.C., but are used for bulk storage of a liquid pollutant or hazardous substance (as defined in Chapter 62-761, F.A.C.) other than sodium hypochlorite solution. The following are examples of other sanitary hazards that pose a moderate risk: aboveground storage tanks that are not regulated under Chapter 62-761, F.A.C., but are used for bulk storage of a liquid pollutant or hazardous substance (as defined in Chapter 62-761, F.A.C.) other than sodium hypochlorite solution; fertilizer, herbicide, or pesticide application areas that are not under the ownership or control of the supplier of water at agricultural sites, golf courses, nurseries, and parks; railroad tracks; stormwater detention or retention basins; and surface water.

(4) For wells connected to a community water system on or after August 28, 2003, except those connected under a construction permit for which the Department received a complete application before August 28, 2003, continuing protection of the well from the sanitary hazards described in subsection (3), above, shall be provided during the entire useful life of the well through one of the following means:

(a) Ownership by the water supplier of all land within 100 feet of the well;

(b) Control by the water supplier of all land within 100 feet of the well via easements, lease agreements, or deed restrictions that appropriately limit use of the land;

(c) Wellhead protection, zoning, or other land use regulations that appropriately limit use of all land within 100 feet of the well, or

(d) Other appropriate means.

(5) New wells shall be located on their sites in such a manner that the wells are in an area free from, or least subject to, inundation with surface drainage and flood water; and to the extent practicable, new wells shall be located on their sites in such a manner that the wells are “upstream” from on-site or off-site sanitary hazards when considering the direction of ground water movement.

(6) The Department or the appropriate water management district or delegated permitting authority shall approve a decrease in the standard well setback distances described in subsections (1) through (4), above, if justified by any of the following: the presence, thickness, and extent of natural barriers such as impermeable geological strata; the design and construction of the well, including the depth of the well; the drinking water treatment provided; or the use of alternative means to reduce public health risks, such as the use of encasement or restrained joints to eliminate or minimize leakage from a pipeline that is a sanitary hazard or the use of additional drinking water monitoring. However, water management districts and delegated permitting authorities shall obtain the Department’s concurrence before decreasing well setback distances because of either the type of drinking water treatment provided or the use of alternative means to reduce public health risks.

History

• Rulemaking Authority 373.309(1), 373.337, 403.861(9) FS. Law Implemented 373.309(1), 403.852(12) FS. History–Formerly 17-22.615(2), Amended 1-18-89, 5-7-90, Formerly 17-555.312, Amended 8-28-03.

Fla. Admin. Code R. 62-555.314 Location of Public Water System Mains

For the purpose of this section, the phrase “water mains” shall mean mains, including treatment plant process piping, conveying either raw, partially treated, advanced treated water, or finished drinking water; fire hydrant leads; and service lines that are under the control of a public water system and that have an inside diameter of three inches or greater.

(1) Horizontal Separation Between Underground Water Mains and Sanitary or Storm Sewers, Wastewater or Stormwater Force Mains, Reclaimed Water Pipelines, and Onsite Sewage Treatment and Disposal Systems.

(a) New or relocated, underground water mains shall be laid to provide a horizontal distance of at least three feet between the outside of the water main and the outside of any existing or proposed storm sewer, stormwater force main, or pipeline conveying reclaimed water regulated under Chapter 62-565, F.A.C., or Part III of Chapter 62-610, F.A.C.

(b) New or relocated, underground water mains shall be laid to provide a horizontal distance of at least three feet, and preferably ten feet, between the outside of the water main and the outside of any existing or proposed vacuum-type sanitary sewer.

(c) New or relocated, underground water mains shall be laid to provide a horizontal distance of at least six feet, and preferably ten feet, between the outside of the water main and the outside of any existing or proposed gravity- or pressure-type sanitary sewer, wastewater force main, or pipeline conveying reclaimed water not regulated under Chapter 62-565, F.A.C., or Part III of Chapter 62-610, F.A.C. The minimum horizontal separation distance between water mains and gravity-type sanitary sewers shall be reduced to three feet where the bottom of the water main is laid at least six inches above the top of the sewer.

(d) New or relocated, underground water mains shall be laid to provide a horizontal distance of at least ten feet between the outside of the water main and all parts of any existing or proposed “onsite sewage treatment and disposal system” as defined in Section 381.0065(2), F.S., and Rule 64E-6.002, F.A.C.

(2) Vertical Separation Between Underground Water Mains and Sanitary or Storm Sewers, Wastewater or Stormwater Force Mains, and Reclaimed Water Pipelines.

(a) New or relocated, underground water mains crossing any existing or proposed gravity- or vacuum-type sanitary sewer or storm sewer shall be laid so the outside of the water main is at least six inches, and preferably 12 inches, above or at least 12 inches below the outside of the other pipeline. However, it is preferable to lay the water main above the other pipeline.

(b) New or relocated, underground water mains crossing any existing or proposed pressure-type sanitary sewer, wastewater or stormwater force main, or pipeline conveying reclaimed water shall be laid so the outside of the water main is at least 12 inches above or below the outside of the other pipeline. However, it is preferable to lay the water main above the other pipeline.

(c) At the utility crossings described in paragraphs (a) and (b), above, one full length of water main pipe shall be centered above or below the other pipeline so the water main joints will be as far as possible from the other pipeline. Alternatively, at such crossings, the pipes shall be arranged so that all water main joints are at least three feet from all joints in vacuum-type sanitary sewers, storm sewers, stormwater force mains, or pipelines conveying reclaimed water regulated under Chapter 62-565, F.A.C., or Part III of Chapter 62-610, F.A.C., and at least six feet from all joints in gravity- or pressure-type sanitary sewers, wastewater force mains, or pipelines conveying reclaimed water not regulated under Chapter 62-565, F.A.C., or Part III of Chapter 62-610, F.A.C.

(3) Separation Between Water Mains and Sanitary or Storm Sewer Manholes.

(a) No water main shall pass through, or come into contact with, any part of a sanitary sewer manhole.

(b) Effective August 28, 2003, water mains shall not be constructed or altered to pass through, or come into contact with, any part of a storm sewer manhole or inlet structure. Where it is not technically feasible or economically sensible to comply with this requirement (i.e., where there is a conflict in the routing of a water main and a storm sewer and where alternative routing of the water main or the storm sewer is not technically feasible or is not economically sensible), the Department shall allow exceptions to this requirement (i.e., the Department shall allow construction of conflict manholes), but suppliers of water or persons proposing to construct conflict manholes must first obtain a specific permit from the Department in accordance with part V of this chapter and must provide in the preliminary design report or drawings, specifications, and design data accompanying their permit application the following information:

1. Technical or economic justification for each conflict manhole.

2. A statement identifying the party responsible for maintaining each conflict manhole.

3. Assurance of compliance with the design and construction requirements in sub-subparagraphs a. through d., below.

a. Each water main passing through a conflict manhole shall have a flexible, watertight joint on each side of the manhole to accommodate differential settling between the main and the manhole.

b. Within each conflict manhole, the water main passing through the manhole shall be installed in a watertight casing pipe having high impact strength (i.e., having an impact strength at least equal to that of 0.25-inch-thick ductile iron pipe).

c. Each conflict manhole shall have an access opening, and shall be sized, to allow for easy cleaning of the manhole.

d. Gratings shall be installed at all storm sewer inlets upstream of each conflict manhole to prevent large objects from entering the manhole.

(4) Separation Between Fire Hydrant Drains and Sanitary or Storm Sewers, Wastewater or Stormwater Force Mains, Reclaimed Water Pipelines, and Onsite Sewage Treatment and Disposal Systems. New or relocated fire hydrants with underground drains shall be located so that the drains are at least three feet from any existing or proposed storm sewer, stormwater force main, or pipeline conveying reclaimed water regulated under Chapter 62-565, F.A.C., or Part III of Chapter 62-610, F.A.C.; at least three feet, and preferably ten feet, from any existing or proposed vacuum-type sanitary sewer; at least six feet, and preferably ten feet, from any existing or proposed gravity- or pressure-type sanitary sewer, wastewater force main, or pipeline conveying reclaimed water not regulated under Chapter 62-565, F.A.C., or Part III of Chapter 62-610, F.A.C.; and at least ten feet from any existing or proposed “onsite sewage treatment and disposal system” as defined in Section 381.0065(2), F.S., and Rule 64E-6.002, F.A.C.

(5) Exceptions. Where it is not technically feasible or economically sensible to comply with the requirements in subsection (1) or (2), above, the Department shall allow exceptions to these requirements if suppliers of water or construction permit applicants provide technical or economic justification for each exception and provide alternative construction features that afford a similar level of reliability and public health protection. Acceptable alternative construction features include the following:

(a) Where an underground water main is being laid less than the required minimum horizontal distance from another pipeline and where an underground water main is crossing another pipeline and joints in the water main are being located less than the required minimum distance from joints in the other pipeline:

1. Use of pressure-rated pipe conforming to the American Water Works Association standards incorporated into Rule 62-555.330, F.A.C., for the other pipeline if it is a gravity- or vacuum-type pipeline,

2. Use of welded, fused, or otherwise restrained joints for either the water main or the other pipeline, or

3. Use of watertight casing pipe or concrete encasement at least four inches thick for either the water main or the other pipeline.

(b) Where an underground water main is being laid less than three feet horizontally from another pipeline and where an underground water main is crossing another pipeline and is being laid less than the required minimum vertical distance from the other pipeline:

1. Use of pipe, or casing pipe, having high impact strength (i.e., having an impact strength at least equal to that of 0.25-inch-thick ductile iron pipe) or concrete encasement at least four inches thick for the water main; and,

2. Use of pipe, or casing pipe, having high impact strength (i.e., having an impact strength at least equal to that of 0.25-inch-thick ductile iron pipe) or concrete encasement at least four inches thick for the other pipeline if it is new and is conveying wastewater or reclaimed water.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.853(3), 403.861(12) FS. History–New 1-1-93, Formerly 17-555.314, Amended 8-28-03, 2-26-25.

Fla. Admin. Code R. 62-555.315 Public Water System Wells - Security; Number; Capacity; Under the Direct Influence of Surface Water; Control of Copper Pipe Corrosion and Black Water; and Disinfection and Bacteriological Surveys and Evaluations

In addition to the rules set forth in Chapters 62-524 and 62-532, F.A.C., the requirements of this section apply to public water system wells.

(1) Well Security. Wellheads shall be enclosed by fences with lockable access gates, housed in lockable buildings or enclosures, or otherwise protected against tampering, vandalism, and sabotage.

(2) Number of Wells. A minimum of two wells shall be connected to each community water system that is using only ground water and that is serving, or is designed to serve, 350 or more persons or 150 or more service connections.

(3) Well Capacity. The total well capacity connected to a water system using only ground water shall equal at least the system’s design maximum-day water demand (including design fire-flow demand if fire protection is being provided). In addition, if the water system is a community system serving, or designed to serve, 350 or more persons or 150 or more service connections, the total well capacity with the largest producing well out of operation shall equal at least the design average daily water demand, and preferably the design maximum-day water demand, for the system. If a community water system interconnects with another community water system to meet the requirements in subsection (2), above, regarding number of wells, the total well capacity for the combined systems shall equal at least the total design maximum-day water demand for the combined systems and, with the largest producing well out of operation for the combined systems, shall equal at least the design average daily water demand, and preferably the design maximum-day water demand, for the combined systems.

(4) Wells Under the Direct Influence of Surface Water. Ground water from some wells, especially shallow wells and radial horizontal collector wells, and ground water from springs or infiltration galleries may be under the direct influence of surface water. The Department shall determine whether ground water is under the direct influence of surface water by using the procedures described in subsection 62-550.517(2), and subparagraph 62-550.817(2)(a)1., F.A.C. Suppliers of water using ground water that is determined by the Department to be under the direct influence of surface water shall comply with applicable requirements under Rule 62-550.817, F.A.C.

(5) Control of Copper Pipe Corrosion and Black Water. Applicants for a construction permit to connect a new or altered well to a community water system, except those applicants who have submitted a complete application to the Department before August 28, 2003, shall include in the preliminary design report or design data accompanying their permit application the results of measurements for alkalinity, dissolved iron, dissolved oxygen, pH, total sulfide, and turbidity in a minimum of one sample of raw water from the new or altered well. These measurements may be performed by any authorized representative of the supplier of water or applicant; but field measurements for dissolved oxygen, pH, and turbidity shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, as incorporated into Rule 62-160.800, F.A.C., and all other measurements shall be performed using an appropriate method referenced in subsection 62-550.550(1), F.A.C., or in Standard Methods for the Examination of Water and Wastewater as adopted in Rule 62-555.335, F.A.C. If the result for total sulfide equals or exceeds 0.3 mg/L, the applicant shall do the following:

(a) Provide aeration or other appropriate treatment of the water from the new or altered well to remove total sulfide as necessary. Recommended types of aeration treatment for different water quality ranges are listed in the table below, which is incorporated herein as guidance and not as a requirement. Direct chlorination shall not be used to remove (i.e., oxidize) 0.3 mg/L or more of total sulfide unless the elemental sulfur formed during chlorination is removed.

POTENTIAL FOR

IMPACTS WITHOUT

TOTAL SULFIDE

REMOVAL

WATER QUALITY RANGES

POTENTIAL WATER TREATMENT

Low

Total Sulfide < 0.3 mg/L

Dissolved Iron < 0.1 mg/L1

Direct Chlorination2

Moderate

0.3 mg/L Total Sulfide 0.6 mg/L @ pH 7.2

or

0.3 mg/L Total Sulfide 0.6 mg/L @ pH > 7.2

Conventional Aeration3 (maximum removal efficiency 40-50%)

or

Conventional Aeration with pH Adjustment4,5 (maximum removal efficiency 40-50%)

Significant

0.6 mg/L < Total Sulfide 3.0 mg/L @ pH 7.2

or

0.6 mg/L < Total Sulfide 3.0 mg/L @ pH > 7.2

Forced Draft Aeration3 (maximum removal efficiency 90%)

or

Forced Draft Aeration with pH Adjustment4,5 (maximum removal efficiency 90%)

Very Significant

Total Sulfide > 3.0 mg/L

Packed Tower Aeration with pH Adjustment4,5 (maximum removal efficiency > 90%)

1. High iron content raises concern if chlorination alone is used and significant dissolved oxygen exists in the source water. Filtration may be required to remove particulate iron prior to water distribution.

2. Direct chlorination of sulfide in water in the pH range normally found in potable sources produces elemental sulfur and increased turbidity. Finished-water turbidity should not be more than two nephelometric turbidity units greater than raw-water turbidity.

3. Increased dissolved oxygen entrained during aeration may increase corrosivity.

4. Reduction of alkalinity during pH adjustment and high dissolved oxygen entrained during aeration may increase corrosivity. Corrosion control treatment such as pH adjustment, alkalinity recovery, or use of inhibitors may be required.

5. High alkalinity will make pH adjustment more costly, and use of other treatment may be in order. Treatment that preserves the natural alkalinity of the source water may enhance the stability of finished water.

(b) Provide in the preliminary design report or design data accompanying the applicant’s permit application a water quality and treatment evaluation affirmatively demonstrating that the secondary maximum contaminant levels for color and odor will not be exceeded in the water supplier’s drinking water distribution system or in water customers’ potable water systems.

(6) Disinfection of Wells and Bacteriological Surveys and Evaluations of Wells. Wells shall be disinfected to inactivate any microbiological contaminant that may have been introduced into the wells during construction, repair, or maintenance and to allow the true microbiological character of well water to be determined through a bacteriological survey.

(a) Before new or altered wells, wells out of operation for more than six months, wells in which new pumping equipment has been installed, and wells taken out of operation for maintenance that might have contaminated the well are placed into, or returned to, operation, they shall be disinfected in accordance with Sections 1. through 4. and Section 5.2 of American Water Works Association (AWWA) Standard C654 as incorporated into Rule 62-555.330, F.A.C. In Section 5.2 of the aforementioned AWWA standard, references to Section 5.1 shall be interpreted to mean paragraph 62-555.315(6)(b) or (c), F.A.C., as appropriate. This paragraph does not apply to, and disinfection is not required for, wells that officially have been determined to be under the direct influence of surface water per subsection 62-550.517(2), F.A.C., and subparagraph 62-550.817(2)(a)1., F.A.C., and that are pumping to treatment plants with filtration and disinfection facilities meeting all applicable requirements in Rule 62-550.817, F.A.C.

(b) Following disinfection of a new or altered well or a well that has been out of operation for more than six months, a bacteriological survey of the well shall be conducted as set forth in subparagraphs 1. through 3., below, unless the well is already considered microbially contaminated or susceptible to microbial contamination per subparagraph 2., below, or paragraph (f), below. The total residual chlorine measurements required under subparagraph 1., may be performed by any authorized representative of the supplier of water or person constructing or altering the well but shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01 as incorporated into Rule 62-160.800, F.A.C. The total coliform or E. coli analyses required under subparagraph 1. shall be performed by a laboratory of the Department of Health (DOH) or a laboratory certified by the DOH to perform bacteriological analyses of drinking water and shall be performed using an appropriate method referenced in subsection 62-550.550(1), F.A.C.

1. A total of at least 20 samples – each taken on a separate but consecutive workday and taken at least six hours apart from the other samples – shall be collected after first pumping the well to waste to remove all residual chlorine and then pumping the well to waste at a rate approximately equal to that of the permanent well pump for at least 15 minutes before each sample is collected, and the samples shall be analyzed for the presence of total residual chlorine, total coliform, and E. coli. Upon a showing by the supplier of water, or a determination by the Department, that historical records or other circumstances warrant it, the Department shall allow the required number of samples or the sample collection interval to be modified. Under no circumstances shall the Department allow fewer than ten samples to be collected, and under no circumstances shall the Department allow more than two samples to be collected per day. If the Department allows collection of two samples per day, the samples shall be collected at least six hours apart, and the well shall be pumped to waste for at least 15 minutes before each sample is collected.

2. If any sample shows the presence of free or combined chlorine, the sample shall be considered invalid. If any sample shows the presence of E. coli, the well shall be considered microbially contaminated unless the Department invalidates the sample or the supplier of water determines and eliminates the source of the E. coli, in which case the well shall be redisinfected in accordance with paragraph (a), above, and resampled in accordance with subparagraph 1., above. If more than ten percent of the total number of samples collected show the presence of total coliform or if either of the last two samples collected shows the presence of total coliform, the well shall be redisinfected as necessary in accordance with paragraph (a), above, and resampled in accordance with subparagraph 1., above, or shall be considered susceptible to microbial contamination. If a well is considered microbially contaminated or susceptible to microbial contamination, the supplier of water shall provide treatment that reliably achieves at least four-log inactivation or removal of viruses in accordance with paragraph 62-555.320(12)(b), F.A.C. Additionally, the supplier of water shall conduct physical characteristics monitoring in accordance with subsection 62-550.517(2), F.A.C., when notified in writing by the Department to do so.

3. Bacteriological test results shall be considered unacceptable if the tests were completed more than 60 days before the Department received the results.

(c) Following disinfection of a well in which new pumping equipment has been installed or a well taken out of operation for maintenance that might have contaminated the well, a bacteriological evaluation of the well shall be conducted as set forth in subparagraphs 1. through 3., below, unless the well is already considered microbially contaminated or susceptible to microbial contamination per subparagraph 62-555.315(6)(b)2., or paragraph (f), below. The total residual chlorine measurements required under subparagraph 1., may be performed by any authorized representative of the supplier of water but shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01 as incorporated into Rule 62-160.800, F.A.C. The total coliform analyses required under subparagraph 1., shall be performed by a laboratory of the Department of Health (DOH) or a laboratory certified by the DOH to perform bacteriological analyses of drinking water and shall be performed using an appropriate method referenced in subsection 62-550.550(1), F.A.C.

1. After pumping the well to waste for at least 15 minutes with zero chlorine residual, a total of at least two samples – each taken on a separate day and taken at least six hours apart from the other sample(s) – shall be collected, and the samples shall be analyzed for the presence of total residual chlorine and total coliform.

2. If any sample shows the presence of free or combined chlorine, the sample shall be considered invalid. If any sample shows the presence of total coliform, the well shall be redisinfected as necessary in accordance with paragraph (a), above, and resampled in accordance with subparagraph 1., above, until two consecutive samples show the absence of total coliform.

3. Bacteriological test results shall be considered unacceptable if the tests were completed more than 60 days before the Department received the results.

(d) Except as allowed under paragraph (e), below, and except as allowed under any special construction permit condition established in accordance with paragraph 62-555.533(2)(f), F.A.C., no disinfected well shall be placed into, or returned to, operation until a bacteriological survey or evaluation has been completed if required by paragraph (b) or (c), above, results of the survey or evaluation have been submitted to the appropriate Department of Environmental Protection (DEP) District Office or Approved County Health Department (ACHD) if a survey or evaluation is required, and said DEP District Office or ACHD has approved the well for operation.

(e) When installing new well pumping equipment for which a public water system construction permit is not required per subsection 62-555.520(1), F.A.C., or when taking a well out of operation for maintenance that might contaminate the well, the well may be returned to operation without the Department’s approval after completion of disinfection and after satisfactory completion of a bacteriological evaluation if such an evaluation is required under paragraph (c), above. If a bacteriological evaluation is required, the results of the evaluation shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department along with the next monthly operation report(s) required under paragraph 62-555.350(12)(b), F.A.C., or if no monthly operation report is required under paragraph 62-555.350(12)(b), F.A.C., within ten days after the end of the month during which the evaluation was completed.

(f) All public water systems using ground water not under the direct influence of surface water are required by subsections 62-550.518(2), (3) and (10), F.A.C., to periodically sample the raw ground water for microbiological contamination. In the event a raw water sample is positive for E. coli, the relevant well(s) shall be considered microbially contaminated unless the Department invalidates the sample or the supplier of water determines and eliminates the source of the E. coli, after which the supplier of water shall disinfect and bacteriologically survey the well(s) in accordance with paragraphs (a) and (b), above. If a raw water sample is positive for total coliform bacteria and if the relevant well(s) are not already considered microbially contaminated or susceptible to microbial contamination, the supplier of water shall disinfect and bacteriologically survey the well(s) in accordance with paragraphs (a) and (b), above, when notified in writing by the Department to do so.

History

• Rulemaking Authority 373.309, 373.337, 403.861(9) FS. Law Implemented 373.309, 403.861(12), (17) FS. History–New 11-19-87, Formerly 17-22.615, Amended 1-18-89, 5-7-90, 1-1-93, Formerly 17-555.315, Amended 8-28-03.

Fla. Admin. Code R. 62-555.320 Design and Construction of Public Water Systems

Public water systems shall be designed and constructed to provide sufficient drinking water of a quality that will meet all applicable standards in Chapters 62-550, F.A.C., and requirements in this chapter. This section addresses the design and construction of all public water system components other than wells (but including well pumping equipment and appurtenances). Public water system wells are addressed in Chapters 62-524 and 62-532, and Rule 62-555.315, F.A.C.

(1) Sound Engineering Practice. New or altered public water system components shall be designed in accordance with sound engineering practice. Engineering references are listed in Rule 62-555.330, F.A.C.

(2) Innovative or Alternative Processes and Equipment. The Department encourages the development of new treatment processes and equipment. However, construction permits for innovative or alternative treatment processes or equipment (i.e., treatment processes or equipment not covered in the engineering references listed in Rule 62-555.330, F.A.C.) shall not be issued unless construction permit applicants include in the preliminary design report or design data accompanying their permit application supporting information demonstrating to the Department that the process or equipment is capable of consistently and reliably producing drinking water meeting applicable standards in Chapter 62-550, F.A.C., and requirements in this chapter. Supporting information shall include the following:

(a) The manufacturer’s technical information;

(b) Data and reports from full-scale or pilot-plant installations that are operated under conditions comparable to those for which the process or equipment is being proposed and that are operated for a sufficient time to verify satisfactory performance of the process or equipment; and,

(c) Operation and maintenance requirements and availability of technical support.

(3) Direct or Indirect Drinking Water Additives.

(a) Drinking water additives and treatment chemicals, including chemicals used to regenerate ion-exchange resins or generate disinfectants on site at treatment plants, shall conform to one of the following:

1. NSF International Standard 60 as adopted in Rule 62-555.335, F.A.C.,

2. The standards in Water Chemicals Codex as adopted in Rule 62-555.335, F.A.C., or

3. The standards in Food Chemicals Codex as adopted in Rule 62-555.335, F.A.C.

(b) Newly installed or constructed public water system (PWS) components that come into contact with advanced treated water, drinking water or drinking water treatment chemicals shall conform to the applicable standards, regulations, or requirements referenced in subparagraphs 1. through 3., below. Fire hydrants are not covered by this paragraph; and mechanical devices that were previously installed in a PWS and then are removed, repaired or refurbished, and reinstalled in the same PWS are not covered by this paragraph. In addition, this paragraph does not apply to PWS components that either come into contact with drinking water prior to its treatment by reverse osmosis or come into contact with drinking water treatment chemicals and that are installed or constructed under a construction permit for which the Department received a complete application before August 28, 2003.

1. Except for ion-exchange resins, precast or cast-in-place concrete structures, and cement mortar, which are addressed in subparagraphs 2. and 3., below, newly installed or constructed PWS components that come into contact with advanced treated water, drinking water or drinking water treatment chemicals shall conform to one of the following:

a. NSF International Standard 61 as adopted in Rule 62-555.335, F.A.C.,

b. NSF International Standard 42, 44, 53, 55, 58, or 62 as adopted in Rule 62-555.335, F.A.C.,

c. Section 6 of NSF International Standard 14 as adopted in Rule 62-555.335, F.A.C., or

d. The Food and Drug Administration’s regulations for indirect food additives as contained in the April 1, 2002, revision of 21 C.F.R. Parts 174 through 189, which are incorporated herein by reference.

2. Newly installed ion-exchange resins that come into contact with advanced treated water or drinking water shall be part of an ion-exchange water softener that conforms to NSF International Standard 44 as adopted in Rule 62-555.335, F.A.C., or shall conform to one of the following:

a. NSF International Standard 61 as adopted in Rule 62-555.335, F.A.C., or

b. The Food and Drug Administration’s regulations for secondary direct food additives from ion-exchange resins as contained in the April 1, 2002, revision of 21 CFR 173.25, which is incorporated herein by reference.

3. Any newly installed or constructed precast or cast-in-place concrete structure or newly installed cement mortar that is not coated by a barrier material meeting the requirements of subparagraph 1., above, and that comes into contact with advanced treated water, drinking water or drinking water treatment chemicals shall meet the following requirements:

a. All cement, admixtures, form release agents, curing compounds, and sealers used in or on the concrete or mortar shall conform to NSF International Standard 61 as adopted in Rule 62-555.335, F.A.C.

b. Aggregate used in the concrete or mortar shall be clean (i.e., free of excess clay, silt, mica, organic matter, chemical salts, and coated grains) and shall be essentially free of those metals and radionuclides regulated under applicable primary drinking water standards.

c. Water used in the concrete or mortar shall meet applicable primary drinking water standards for inorganics, organics, and radionuclides.

(c) To determine or document whether drinking water additives or treatment chemicals or public water system components conform to the standards, regulations, or requirements listed in paragraph (a) or (b), above, suppliers of water or construction permit applicants may conduct their own evaluations or may rely upon third-party or manufacturer certifications.

(d) The Department shall allow exceptions to the requirements in paragraph (b), above, if suppliers of water or construction permit applicants provide the following:

1. Documentation that components conforming to the applicable standards, regulations, or requirements in paragraph (b), are not readily available; and,

2. Assurance that the components being provided will not impart into advanced treated water, drinking water or drinking water treatment chemicals any contaminant in an amount that could cause adverse human health effects.

(4) Flood Protection. Community water systems (CWSs) shall be designed and constructed so that structures, and electrical or mechanical equipment, used to treat, pump, or store advanced treated water or drinking water, apply drinking water treatment chemicals, or handle drinking water treatment residuals are protected from physical damage by the 100-year flood and, in coastal areas subject to flooding by wave action, from physical damage by the 100-year wave action. Additionally, CWSs shall be designed and constructed so that the aforementioned structures and equipment remain fully operational and accessible during the 25-year flood and, in coastal areas subject to flooding by wave action, the 25-year wave action; a lesser flood or wave action may be used if suppliers of water or construction permit applicants provide justification for using a lesser flood or wave action, but in no case shall less than the ten-year flood or wave action be used.

(5) Security. Drinking water treatment or pumping facilities shall be enclosed by fences with lockable access gates, housed in lockable buildings or enclosures, or otherwise protected to prevent tampering, vandalism, and sabotage. Advanced treated water and finished-drinking-water storage facilities shall be enclosed by fences with lockable access gates, shall have lockable access openings and lockable cages or enclosures obstructing access to ladders, or shall be otherwise protected to prevent tampering, vandalism, and sabotage.

(6) Capacity of Drinking Water Source and Treatment Facilities. The total capacity of all water source and treatment facilities connected to a water system shall at least equal the water system’s design maximum-day water demand (including design fire-flow demand if fire protection is being provided). Applicants for a permit to construct or alter a drinking water treatment plant’s source water or treatment facilities shall establish in the preliminary design report or drawings, specifications, and design data accompanying their permit application the design maximum-day capacity of the plant’s source water facilities and the plant’s treatment facilities and, if the plant is being designed to meet peak water demand or to supplement finished-drinking-water storage facilities in meeting peak water demand, the design peak capacity of the plant’s source water facilities and the plant’s treatment facilities. In turn, the Department shall specify in its construction permit for the plant’s new or altered source water or treatment facilities the permitted maximum-day operating capacity of the plant and, if the plant is being designed to meet peak water demand or to supplement finished-water storage facilities in meeting peak water demand, the permitted peak operating capacity of the plant. The Department shall not specify a permitted plant operating capacity greater than the design capacity of the plant’s treatment facilities as established by the applicant. However, the Department shall specify a permitted plant operating capacity less than the design capacity of the plant’s treatment facilities if the actual design capacity of the plant’s source water facilities, regardless of any water use permit limitations set by the water management district, is less than the design capacity of the plant’s treatment facilities; in such a case:

(a) The construction permit for the plant’s new or altered source water or treatment facilities shall indicate the design capacity of the plant’s treatment facilities, shall state that permitted plant operating capacity is being limited because of the actual design capacity of the plant’s source water facilities, and shall specify a permitted plant operating capacity equal to the actual design capacity of the plant’s source water facilities.

(b) Each subsequent construction permit for new or altered source water facilities for the plant shall update the permitted plant operating capacity as appropriate.

(7) Raw Surface Water Pumping Stations. At each raw surface water pumping station that is constructed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003, and that is connected to a community water system (CWS) serving, or designed to serve, 350 or more persons or 150 or more service connections, the supplier of water shall provide an installed or uninstalled standby pump of sufficient capacity to replace the largest pump. However, for CWSs that have multiple pumping stations subject to this requirement, the supplier of water may provide one uninstalled standby pump for each size of raw surface water pump installed in the water system instead of providing a standby pump on site at each raw surface water pumping station; and for CWSs that have only one pumping station subject to this requirement and that are designed to serve 10,000 or fewer persons, as many as three water systems located in the same county, or within 50 miles of one another, may enter into a mutual aid agreement to share one appropriately sized, uninstalled standby pump instead of providing a standby pump on site at each water system’s raw surface water pumping station.

(8) Well Pump Housing, Well Pump Discharge Piping, and Well Pump Appurtenances.

(a) Housing of Well Pumps.

1. Well pumps shall be housed in a weatherproof building, room, or pit unless the pumps are submersible or completely weatherproof, in which case the pumps need only be protected against tampering, vandalism, and sabotage in accordance with subsection (5), above.

2. Well pumphouses (i.e., buildings or rooms) for which the Department receives a complete construction permit application on or after August 28, 2003, shall have a concrete floor that is elevated above the adjacent finished ground surface and that is sloped to drain away from wells and well pumps. In addition, such well pumphouses shall have an access opening or removable roof or walls as necessary to provide full access for servicing wells and well pumps.

3. Well pump pits are allowed only where the finished ground surface is above the 100-year flood elevation and, in coastal areas subject to flooding by wave action, the 100-year wave-action elevation. All pump pit access openings shall have watertight covers or shall be flanged upward and provided with overlapping covers, and all pump pits shall be drained by gravity or by dual sump pumps with an alarm system that is activated in the event either sump pump fails. Sump pump alarm systems shall include an audio-visual alarm near the pump pit, and if the pump pit is not at a site staffed 24 hours per day and seven days per week, the alarm also shall be telemetered to a place staffed 24 hours per day and seven days per week, or shall trigger an automatic telephone dialing or paging device, to enable notification of an authorized representative of the supplier of water. Pump pits for which the Department receives a complete construction permit application on or after August 28, 2003, shall have an opening as necessary to provide full access for servicing wells and well pumps and shall have a concrete floor sloped to drain away from wells and well pumps.

(b) Well Pump Discharge Piping.

1. New or altered discharge piping shall be designed and constructed in accordance with Section 3.2.7.3 in Recommended Standards for Water Works as incorporated into rule 62-555.330, F.A.C., except that a check valve is not required in the discharge piping from a jet pump and except that the required smooth-nosed sampling tap shall be located as specified in subparagraph 2., below.

2. The discharge piping from each well pump shall include a smooth-nosed tap for sampling raw well water. All such sampling taps shall be located upstream of the check valve in the discharge piping if possible and upstream of all treatment facilities and chemical application points; shall be located at least 12 inches above the finished floor, pad, or ground surface below the tap; and shall be conveniently accessible and downward-opening. Raw well water sampling taps installed on or after August 28, 2003, except those installed under a construction permit for which the Department received a complete application before August 28, 2003, shall have no interior or exterior threads.

(c) Well Vents. Well pumps installed on or after August 28, 2003, except those installed under a construction permit for which the Department received a complete application before August 28, 2003, shall pump from a well that is vented to the atmosphere unless the well pump is a packer-type jet pump, the well casing also serves as well pump suction piping, the well is a flowing artesian well, there is no appreciable drawdown in the well, or the supplier of water provides justification for not venting the well to the atmosphere. All well vents shall terminate at least 12 inches above the 100-year flood elevation and, in coastal areas subject to flooding by wave action, at least 12 inches above the 100-year wave-action elevation. New or altered well vents shall be designed and constructed in accordance with Section 3.2.7.5 in Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C.

(9) Odor Control at Drinking Water Treatment Plants. Drinking water treatment plants shall comply with the objectionable odor prohibition under subsection 62-296.320(2), F.A.C. (“Objectionable odor” is defined in Rule 62-210.200, F.A.C.) Applicants for a permit to construct or alter drinking water treatment facilities, except those applicants who have submitted a complete application to the Department before August 28, 2003, shall provide in the preliminary design report or drawings, specifications, and design data accompanying their permit application assurance of compliance with subsection 62-296.320(2), F.A.C. Assurance of compliance may be based upon water quality data; use of appropriate water treatment processes and chemicals; proper treatment of vented gases; use of mitigative measures such as buffer zones owned or under the control of the supplier of water; etc.

(10) Color Coding of Piping.

(a) Drinking Water Treatment Plants. All new or altered, aboveground piping at drinking water treatment plants shall be color coded and labeled as recommended in Section 2.14 of Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C. In addition, all underground water main pipe that is installed at drinking water treatment plants on or after August 28, 2003, and that is conveying finished drinking water shall be color coded as required under subparagraph 62-555.320(21)(b)3., F.A.C. This subsection does not apply to drinking water treatment plant piping installed or altered under a construction permit for which the Department received a complete application before August 28, 2003.

(b) Advanced Treated Water Received by a PWS. All valves and outlets shall be appropriately tagged or labeled (bearing the words in English and Spanish: “Do not drink” together with the equivalent standard international symbol) to warn the public and employees that the water is not intended for drinking. All piping, pipelines, valves, and outlets shall be color coded, or otherwise marked, to differentiate advanced treated water from potable water, domestic wastewater, or other water. Underground piping, which is not manufactured of metal or concrete, shall be color coded for advanced treated water using blue as a dominant color, with purple banding around the pipe. The pipe and band colors shall be easily differentiated to ensure proper identification of the pipe. For pipes greater than 6 inches in diameter, bands shall be four inches wide, and spaced no more than 24 inches apart, measured center-to-center. For pipes 6 inches in diameter or smaller, bands shall be two inches wide, and spaced no more than 18 inches apart, measured center-to-center. Underground metal and concrete pipe shall be color coded or marked using blue and purple banding predominantly. If tape is used to mark the pipe, the tape shall be permanently affixed to the pipe. Visible, above-ground portions of the advanced treated water system shall be clearly color coded or marked. New systems and expansions of existing systems shall comply with this color-coding standard. It is recommended, but shall not be required, that distribution and application facilities located on private properties, including residential properties, be color coded using blue and purple banding.

(11) Alarms for Nitrate/Nitrite Removal Equipment. An alarm system shall be provided for any drinking water treatment plant equipment that is installed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003, and that is necessary to achieve compliance with the primary drinking water standard for nitrate or nitrite. The alarm system shall be activated in the event of equipment failure and shall include an audio-visual alarm at the plant. If the plant is not staffed during all hours the plant is in operation, the alarm also shall be telemetered to a place staffed during all hours the plant is in operation, or shall trigger an automatic telephone dialing or paging device, to enable notification of an appropriately licensed water treatment plant operator.

(12) Disinfection of Drinking Water. All suppliers of water shall provide continuous disinfection of the drinking water they distribute. The necessary equipment and tanks shall be designed to comply with the applicable requirements in paragraphs (a) through (d), below, and subsections 62-555.350(5) and (6), F.A.C. Applicants for a permit to construct or alter disinfection facilities at a drinking water treatment plant where the requirements in paragraph (a) or (b), below, apply shall establish in the preliminary design report or drawings, specifications, and design data accompanying their permit application the following: the design level of Cryptosporidium, Giardia lamblia, or virus inactivation to be achieved by disinfection; if chemical disinfection is being used to achieve Giardia lamblia or virus inactivation, the design minimum residual disinfectant concentration (C) before, or at the first customer and the corresponding design minimum disinfectant contact time (T); and if ultraviolet disinfection is being used to achieve Cryptosporidium, Giardia lamblia, or virus inactivation, the design minimum ultraviolet dose.

(a) Suppliers of water using surface water or ground water under the direct influence of surface water, or advanced treated water shall comply with applicable requirements under Rules 62-550.817 and 62-550.305, F.A.C.

(b) Suppliers of water using ground water that is not under the direct influence of surface water but that is from a well considered microbially contaminated or susceptible to microbial contamination per paragraph 62-555.315(6)(b) or (f), F.A.C., shall provide treatment that reliably achieves at least four-log (99.99 percent) inactivation or removal of viruses before or at the first customer at all flow rates. Additionally, by no later than December 31, 2005, suppliers of water using ground water that is not under the direct influence of surface water but that is exposed during treatment to the open atmosphere and possible microbial contamination shall provide treatment that reliably achieves at least four-log inactivation or removal of viruses before or at the first customer at all flow rates. For the purpose of this paragraph, aerators and other facilities that are protected against contamination from birds, insects, wind-borne debris, rainfall, and drainage are not considered to be exposing water to the open atmosphere and possible microbial contamination. Direct filtration and diatomaceous-earth filtration are considered to be achieving one-log (90 percent) removal of viruses when properly operated, and conventional filtration treatment and slow sand filtration are considered to be achieving two-log (99 percent) removal of viruses when properly operated. Chemical disinfection using free chlorine, chlorine dioxide, or ozone and chemical disinfection using chloramines with chlorine added prior to ammonia are considered to be achieving two-log, three-log (99.9 percent), or four-log inactivation of viruses when meeting the applicable CT value listed in Appendix E of the Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources as adopted in Rule 62-555.335, F.A.C.

(c) Disinfectant contact time shall be calculated or determined as described in the definition of “disinfectant contact time” under Rule 62-550.200, F.A.C.

(d) All suppliers of water shall maintain a minimum free chlorine residual of 0.2 milligram per liter, or a minimum combined chlorine residual of 0.6 milligram per liter or an equivalent chlorine dioxide residual, throughout their drinking water distribution system at all times.

(13) Chlorination Facilities for Disinfection of Drinking Water.

(a) Gas Chlorination Facilities.

1. New chlorinators shall be the vacuum-operated, solution-feed type.

2. Chlorinator capacity shall be such that any applicable minimum CT value and the minimum residual disinfectant level specified in paragraph 62-555.320(12)(d), and subsection 62-555.350(6), F.A.C., can be maintained when maximum chlorine demand coincides with maximum flow rate at the point of chlorine application.

3. At each drinking water treatment plant that is using gas chlorination facilities to achieve Giardia lamblia or virus inactivation in accordance with paragraph 62-555.320(12)(a) or (b), F.A.C.; at each treatment plant that is using gas chlorination facilities for disinfection and that is connected to a community water system (CWS) having an actual or design average daily chlorine consumption equaling or exceeding ten pounds per day; and at each treatment plant that has gas chlorine disinfection facilities constructed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003, and that is connected to a CWS serving, or designed to serve, 350 or more persons or 150 or more service connections, the supplier of water shall provide installed or uninstalled standby gas chlorination equipment (i.e., a standby chlorinator, including a standby vacuum regulator and a standby eductor, which is also referred to as an injector or ejector; a standby booster pump where booster pumps are used; and a standby evaporator where evaporators are used) of sufficient capacity to replace the largest equipment. However, for water systems that have multiple interconnected plants subject to this requirement, the supplier of water may provide one uninstalled standby for each type and size of gas chlorination equipment installed in the water system instead of providing standby gas chlorination equipment on site at each plant; and for water systems that have only one plant subject to this requirement and that are designed to serve 10,000 or fewer persons, as many as three water systems located in the same county, or within 50 miles of one another, may enter into a mutual aid agreement to share appropriately sized, uninstalled standby gas chlorination equipment instead of providing standby gas chlorination equipment onsite at each water system’s plant.

4. At each drinking water treatment plant that is using gas chlorination facilities to achieve Giardia lamblia or virus inactivation in accordance with paragraph 62-555.320(12)(a) or (b), F.A.C.; at each treatment plant that is using gas chlorination facilities for disinfection and that is connected to a community water system (CWS) having an actual or design average daily chlorine consumption equaling or exceeding ten pounds per day; and at each treatment plant that has gas chlorine disinfection facilities constructed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003, and that is connected to a CWS serving, or designed to serve, 350 or more persons or 150 or more service connections, the supplier of water shall provide devices for automatic switch-over of chlorine cylinders or containers.

5. Chlorine shall be fed into drinking water proportional to flow. Where the flow rate is reasonably constant, this may be accomplished by electrically interconnecting gas chlorination equipment with well or service pumps or by otherwise designing gas chlorination equipment to operate only when well or service pumps operate. Automatic flow proportioning control of chlorinators shall be provided where the flow rate fluctuates significantly. Furthermore, automatic residual control of chlorinators shall be provided where the chlorine demand fluctuates significantly, and automatic compound-loop control of chlorinators shall be provided where both the flow rate and the chlorine demand fluctuate significantly.

6. Scales shall be provided to accurately weigh chlorine cylinders or containers in use.

7. Chlorine shall be rapidly and thoroughly mixed with all drinking water being treated.

8. Chlorine storage and feed facilities shall be located in a room or area separate from other operating areas. If chlorine storage or feed facilities are enclosed in a room, the room shall be located at ground level and shall be provided with floor-level ventilation. New or altered chlorine rooms shall be designed and constructed in accordance with Section 5.4.1 in Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C. If chlorine storage or feed facilities are not enclosed in a room, they shall be shielded from direct sunlight and rain and shall be located at ground level in an area that either has adequate natural ventilation or is equipped with a mechanical ventilation system. For the purpose of this subparagraph, an area is considered to have adequate natural ventilation if walls are not completely obstructing more than one side of the perimeter of the area. New or altered mechanical ventilation systems for chlorine storage or feed areas shall meet applicable requirements in Section 5.4.1.c of Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C.

9. At each drinking water treatment plant that is using gas chlorination facilities to achieve Giardia lamblia or virus inactivation in accordance with paragraph 62-555.320(12)(a) or (b), F.A.C., and at each treatment plant that is using gas chlorination facilities for disinfection and that is connected to a community water system serving, or designed to serve, 350 or more persons or 150 or more service connections, the supplier of water shall provide an audio-visual alarm system that is activated by high- and low-vacuum switches, a continuous chlorine residual analyzer, or a continuous oxidation-reduction potential meter to indicate loss of chlorination capability or chlorine residual. If the plant is not staffed during all hours the plant is in operation, the alarm also shall be telemetered to a place staffed during all hours the plant is in operation, or shall trigger an automatic telephone dialing or paging device, to enable notification of an appropriately licensed water treatment plant operator.

10. Suppliers of water shall provide the following safety or protective equipment at drinking water treatment plants with gas chlorination facilities.

a. At each treatment plant with gas chlorination facilities, the supplier of water shall provide in a convenient location, but not inside any room where chlorine is stored or handled, a self-contained breathing apparatus (SCBA) meeting the requirements of the National Institute for Occupational Safety and Health. However, for water systems that have multiple interconnected plants withdrawing chlorine from only 150-pound or smaller cylinders, the supplier of water may provide an SCBA in each vehicle used by plant operators instead of providing an SCBA at each plant withdrawing chlorine from only 150-pound or smaller cylinders.

b. At each treatment plant with gas chlorination facilities, the supplier of water shall provide appropriate protective equipment in accordance with Table 15.5 in Water Treatment Plant Design as incorporated into Rule 62-555.330, F.A.C., except that the supplier of water shall provide a self-contained breathing apparatus in accordance with sub-subparagraph a., above, instead of providing a gas mask in accordance with this sub-subparagraph and Table 15.5.

c. At each treatment plant withdrawing chlorine from ton containers or tank cars or trucks, the supplier of water shall provide continuous chlorine leak detection equipment that is connected to an alarm system. The alarm system shall include an audio-visual alarm at the plant, and if the plant is not staffed 24 hours per day and seven days per week, the alarm also shall be telemetered to a place staffed 24 hours per day and seven days per week, or shall trigger an automatic telephone dialing or paging device, to enable notification of an authorized representative of the supplier of water.

d. At each treatment plant withdrawing chlorine from ton containers or tank cars or trucks, the supplier of water shall provide an emergency chlorine leak repair kit meeting the requirements of the Chlorine Institute.

(b) Hypochlorination Facilities.

1. New hypochlorinators shall be positive displacement metering pumps or accurate vacuum-operated dosers.

2. Hypochlorinator capacity shall be such that any applicable minimum CT value and the minimum residual disinfectant level specified in paragraph 62-555.320(12)(d), and subsection 62-555.350(6), F.A.C., can be maintained when maximum chlorine demand coincides with maximum flow rate at the point of hypochlorite application.

3. At each drinking water treatment plant that is using hypochlorination facilities to achieve Giardia lamblia or virus inactivation in accordance with paragraph 62-555.320(12)(a) or (b), F.A.C.; at each treatment plant that is using hypochlorination facilities for disinfection and that is connected to a community water system (CWS) having an actual or design average daily chlorine consumption equaling or exceeding ten pounds per day; and at each treatment plant that has hypochlorite disinfection facilities constructed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003, and that is connected to a CWS serving, or designed to serve, 350 or more persons or 150 or more service connections, the supplier of water shall provide installed or uninstalled standby hypochlorination equipment (i.e., a standby electrolytic generator and brine pump where sodium hypochlorite is generated on site; a standby metering pump where metering pumps are used; a standby doser, including a standby vacuum regulator and a standby eductor, which is also referred to as an injector or ejector, where vacuum-operated dosers are used; and a standby booster pump where booster pumps are used) of sufficient capacity to replace the largest equipment. However, for water systems that have multiple interconnected plants subject to this requirement, the supplier of water may provide one uninstalled standby for each type and size of hypochlorination equipment installed in the water system instead of providing standby hypochlorination equipment on site at each plant; and for water systems that have only one plant subject to this requirement and that are designed to serve 10,000 or fewer persons, as many as three water systems located in the same county, or within 50 miles of one another, may enter into a mutual aid agreement to share appropriately sized, uninstalled standby hypochlorination equipment instead of providing standby hypochlorination equipment on site at each water system’s plant.

4. Hypochlorite shall be fed into drinking water proportional to flow. Where the flow rate is reasonably constant, this may be accomplished by electrically interconnecting hypochlorination equipment with well or service pumps or by otherwise designing hypochlorination equipment to operate only when well or service pumps operate. Automatic flow proportioning control of hypochlorinators shall be provided where the flow rate fluctuates significantly. Furthermore, automatic residual control of hypochlorinators shall be provided where the chlorine demand fluctuates significantly, and automatic compound-loop control of hypochlorinators shall be provided where both the flow and the chlorine demand fluctuate significantly.

5. Hypochlorite metering pumps shall have antisiphon protection. For new or altered hypochlorination facilities, the antisiphon protection for metering pumps shall be in accordance with Section 5.1.5 in Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C.

6. For sodium hypochlorite facilities that are constructed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003, and that include a metering pump:

a. The pump shall be located as close as possible to, and lower than, the hypochlorite source with the pump suction line sloping upward from the pump to the hypochlorite source, or

b. The hypochlorite facilities shall be otherwise designed to prevent gas binding of the pump.

7. For hypochlorination facilities constructed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003:

a. Hypochlorinator suction lines shall be located with the intake above the bottom of the hypochlorite container or shall be equipped with a strainer, or

b. The hypochlorination facilities shall be otherwise designed to avoid feeding sediment into the drinking water.

8. Sodium hypochlorite shall not be stored or handled together with any acid or any ammonia or organic compound, and calcium hypochlorite shall not be stored or handled together with any acid or any combustible, organic, or oxidizable material. The storage of sodium hypochlorite shall be carefully managed to limit degradation of the hypochlorite and to limit formation of chlorate; alternative approaches for managing sodium hypochlorite storage are discussed on page 243 in Water Treatment Plant Design as incorporated into Rule 62-555.330, F.A.C. Tanks for bulk storage of sodium hypochlorite shall have a liquid-level indicator, a vent, and an overflow discharging to a basin capable of containing accidental spills or overflows without uncontrolled discharge. Where bulk storage of sodium hypochlorite is provided, a day tank also shall be provided unless there is an alternative means for accurately measuring the daily amount of hypochlorite fed and there are alternative safeguards (e.g., continuous chlorine residual monitoring; audio-visual alarms activated by high chlorine residual levels; and staffing at the water treatment plant, or at a monitoring and control center for the plant, during all hours the plant is in operation) that maintain a similar level of protection against overfeeding of hypochlorite. Sodium hypochlorite bulk storage tanks that are installed on or after August 28, 2003, and that cannot be completely drained to a day tank shall be equipped with a valved drain to allow for complete drainage and periodic cleaning of the bulk storage tank; however, this requirement does not apply to bulk storage tanks installed under a construction permit for which the Department received a complete application before August 28, 2003.

9. Hypochlorite solution or day tanks shall have a lid or cover, shall have a valved drain, and shall be scale-mounted or have a means for measuring the liquid level in the tank. For new or altered hypochlorination facilities, solution or day tanks shall be designed and constructed in accordance with Sections 5.1.10 and 5.1.11 in Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C.

10. Hypochlorite shall be rapidly and thoroughly mixed with all drinking water being treated.

11. Housing for new or altered hypochlorite storage or feed facilities shall be designed and constructed in accordance with Section 5.1.14 in Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C. Waste hydrogen from onsite sodium hypochlorite generation systems constructed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003, shall be vented directly to the outside atmosphere using a dilution air blower as necessary to ensure the concentration of hydrogen always will be below the explosion level.

12. At each drinking water treatment plant that is using hypochlorination facilities to achieve Giardia lamblia or virus inactivation in accordance with paragraph 62-555.320(12)(a) or (b), F.A.C., and at each treatment plant that has hypochlorite disinfection facilities constructed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003, and that is connected to a CWS serving, or designed to serve, 350 or more persons or 150 or more service connections, the supplier of water shall provide an audio-visual alarm system that is activated by high- and low-pressure switches, a low-flow switch or flow meter, high- and low-vacuum switches, a continuous chlorine residual analyzer, or a continuous oxidation-reduction potential meter to indicate loss of hypochlorination capability or chlorine residual. If the plant is not staffed during all hours the plant is in operation, the alarm also shall be telemetered to a place staffed during all hours the plant is in operation, or shall trigger an automatic telephone dialing or paging device, to enable notification of an appropriately licensed water treatment plant operator.

13. At each drinking water treatment plant with hypochlorination facilities, the supplier of water shall provide appropriate safety or protective equipment in accordance with Table 15.5 in Water Treatment Plant Design as incorporated into Rule 62-555.330, F.A.C.

(14) Standby Power.

(a) By no later than December 31, 2005, each community water system (CWS) serving, or designed to serve, 350 or more persons or 150 or more service connections shall provide standby power for operation of that portion of the system’s water source, treatment, and pumping facilities necessary to deliver drinking water meeting all applicable primary or secondary standards at a rate at least equal to the average daily water demand for the system. If a CWS interconnects with another CWS to meet this requirement, the portion of the combined systems’ components provided with standby power shall be sufficient to deliver water at a rate at least equal to the average daily water demand for the combined systems.

(b) Where standby power is required under paragraph (a), above, it shall be provided through:

1. Connection to at least two independent power feeds from separate substations, or

2. One or more auxiliary power sources (i.e., generators or engines).

(c) Where standby power is required under paragraph (a), above, and is provided through connection to independent power feeds from separate substations, the power feeds shall not be located in the same conduit or supported from the same utility pole and, if overhead power feeds are used, shall not cross or be located in an area where a single plausible occurrence (e.g., a fallen tree) could disrupt both power feeds.

(d) Where standby power is required under paragraph (a), above, and is provided through an auxiliary power source, an in-place auxiliary power source is preferred. A portable auxiliary power source may be provided only if all of the following conditions are met:

1. A system to automatically start up the auxiliary power source and transfer electrical loads is not required under paragraph (e), below.

2. The supplier of water demonstrates that the water system has first priority for use of the portable auxiliary power source.

3. The supplier of water demonstrates that the portable auxiliary power source will at all times be in reasonably close proximity to (i.e., within 25 miles of) the water system components for which standby power is required.

(e) Where standby power is required under paragraph (a), above, and the time delay required to manually transfer electrical loads from one power source to another could result in failure to maintain the minimum water distribution system pressure required under subsection 62-555.350(7), F.A.C., the supplier of water shall provide a system to automatically start up the auxiliary power source if an auxiliary power source is provided and to automatically transfer electrical loads.

(f) At each site where standby power is required under paragraph (a), above, the supplier of water shall provide by December 31, 2005, an audio-visual alarm system that is activated in the event any power source fails. If the site is not staffed during all hours the standby-powered water system components are in operation, the alarm also shall be telemetered to a place staffed during all hours the standby-powered water system components are in operation, or shall trigger an automatic telephone dialing or paging device, to enable notification of an authorized representative of the supplier of water.

(15) High-Service or Booster Pumps. For purposes of this subsection, well pump installations shall be considered high-service pumping stations if the well pumps serve as high-service pumps.

(a) Unless elevated finished-drinking-water storage is provided, the total capacity of all high-service pumping stations connected to a water system, or the capacity of a booster pumping station, shall be sufficient to:

1. Meet at least the water system’s, or the booster station service area’s, peak-hour water demand (and if fire protection is being provided, meet at least the water system’s, or the booster station service area’s, design fire-flow rate plus a background water demand equivalent to the maximum-day demand other than fire-flow demand); and,

2. Maintain a minimum gauge pressure of 20 pounds per square inch throughout the water system’s, or the booster station service area’s, distribution system up to each customer’s point of connection to the distribution system.

(b) Where elevated finished-drinking-water storage is provided, the total capacity of all high-service pumping stations connected to a water system, or the capacity of a booster pumping station, shall be sufficient to at least meet the water system’s, or the booster station service area’s, maximum-day water demand (including design fire-flow demand if fire protection is being provided) and to maintain distribution system pressure as specified in subparagraph 62-555.320(15)(a)2., F.A.C. In addition, the total capacity of the high-service pumping stations, or the capacity of the booster pumping station, combined with the useful elevated finished-water storage capacity shall be sufficient to meet the water system’s, or the booster station service area’s, peak-hour water demand for at least four consecutive hours (and if fire protection is being provided, shall be sufficient to meet the water system’s, or the booster station service area’s, design fire-flow rate plus a background water demand equivalent to the maximum-day demand other than fire-flow demand for the design fire-flow duration).

(c) At each high-service or booster pumping station that is constructed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003, and that is connected to a community water system (CWS) serving, or designed to serve, 350 or more persons or 150 or more service connections, the supplier of water shall provide an installed or uninstalled standby pump of sufficient capacity to replace the largest pump. However, for CWSs that have multiple interconnected pumping stations subject to this requirement, the supplier of water may provide one uninstalled standby pump for each size of high-service or booster pump installed in the water system instead of providing a standby pump on site at each high-service or booster pumping station; and for water systems that have only one pumping station subject to this requirement and that are designed to serve 10,000 or fewer persons, as many as three water systems located in the same county, or within 50 miles of one another, may enter into a mutual aid agreement to share one appropriately sized, uninstalled standby pump instead of providing a standby pump on site at each water system’s high-service or booster pumping station.

(16) Finished-Drinking-Water Meters. All water treatment plants that are connected to a community water system and water treatment plants that are connected to a non-community water system and that are constructed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003, shall be equipped with a totalizing flow meter to measure the net quantity of finished drinking water, excluding any filter backwash water, produced at the plant each day. All other drinking water treatment plants shall be equipped with at least elapsed time meters that can be used in conjunction with calibrated pumps to measure the net quantity of finished drinking water produced at the plant each day.

(17) Finished-Drinking-Water Sampling Taps. A conveniently accessible sampling tap shall be provided at each entry point to a drinking water distribution system (i.e., at each point where drinking water source and treatment facilities discharge to a drinking water distribution system), so that samples of finished drinking water may be taken in accordance with subsection 62-550.500(5), F.A.C. Each such sampling tap shall be located downstream from all water treatment processes at a point where all treatment chemicals have been thoroughly mixed with the water and shall be located upstream from all water customers. If a water system draws water from more than one source and combines the sources before distribution, a single finished-water sampling tap may be provided downstream from where all of the sources are combined at a point where all of the sources have been thoroughly mixed together.

(18) Pump Suction Piping. All pump suction piping that is conveying raw, partially treated, advanced treated water or finished drinking water shall be protected against infiltration. Pump suction piping that is conveying raw, partially treated, advanced treated water, or finished drinking water and that is constructed or altered under a construction permit for which the Department receives a complete application on or after August 28, 2003, must be located aboveground or, if located underground, must be constantly under positive gauge pressure.

(19) Finished-Drinking-Water Storage Capacity. This subsection addresses finished-water storage capacity necessary for operational equalization to meet peak water demand. (If fire protection is being provided, additional finished-water storage capacity shall be provided as necessary to meet the design fire-flow rate for the design fire-flow duration.) The finished-water storage capacity necessary to meet the peak water demand for a consecutive system may be provided by the consecutive system or by a wholesale system delivering water to the consecutive system.

(a) Except as noted in paragraph (b), below, the total useful finished-water storage capacity (excluding any storage capacity for fire protection) connected to a water system shall at least equal 25 percent of the system’s maximum-day water demand, excluding any design fire-flow demand.

(b) A total useful finished-water storage capacity less than that specified in paragraph (a), above, is acceptable if the supplier of water or construction permit applicant makes one of the following demonstrations:

1. A demonstration consistent with Section 10.6.3 in Water Distribution Systems Handbook as incorporated into Rule 62-555.330, F.A.C., showing that the water system’s total useful finished-water storage capacity (excluding any storage capacity for fire protection) is sufficient for operational equalization.

2. A demonstration showing that, in conjunction with the capacity of the water system’s source, treatment, and finished-water pumping facilities, the water system’s total useful finished-water storage capacity (excluding any storage capacity for fire protection) is sufficient to meet the water system’s peak-hour water demand for at least four consecutive hours. For small water systems with hydropneumatic tanks that are installed under a construction permit for which the Department receives a complete application on or after August 28, 2003, the supplier of water or construction permit applicant also shall demonstrate that, in conjunction with the capacity of the water system’s source, treatment, and finished-water pumping facilities, the water system’s total useful finished-water storage capacity (i.e., the water system’s total effective hydropneumatic tank volume) is sufficient to meet the water system’s peak instantaneous water demand for at least 20 consecutive minutes.

(20) Hydropneumatic Tanks. New hydropneumatic tanks, including bladder- or diaphragm-type tanks, shall be designed and constructed in accordance with Section 7.2 in Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C., except that:

(a) The tanks need not be housed.

(b) Tanks installed on or after August 28, 2003, except those installed under a construction permit for which the Department received a complete application before August 28, 2003, shall have an automatic air or pressure relief valve.

(c) Bladder- or diaphragm-type tanks need not have an access manhole, water sight glass, or means for adding air other than a recharging valve.

(21) Drinking Water Piping and Appurtenances.

(a) All new or altered mains, including treatment plant process piping, and appurtenances conveying raw, or partially treated drinking water, or advanced treated water, shall be designed and constructed in accordance with Sections 8.0, 8.4, 8.5, and 8.7 in Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C., except that:

1. Asbestos-cement water mains shall be pressure and leakage tested in accordance with American Water Works Association (AWWA) Standard C603 as incorporated into Rule 62-555.330, F.A.C., and polyvinyl chloride water mains shall be pressure and leakage tested in accordance with AWWA Standard C605 as incorporated into Rule 62-555.330, F.A.C., while all other types of water mains shall be pressure and leakage tested in accordance with AWWA Standard C600 as incorporated into Rule 62-555.330, F.A.C.

2. Water mains and appurtenances that normally convey surface water, or ground water under the direct influence of surface water, and that are located upstream of all filtration and disinfection treatment facilities need not be disinfected.

3. All water mains and appurtenances other than those described in subparagraph 2., above, shall be disinfected and bacteriologically evaluated in accordance with Rule 62-555.340, F.A.C.

(b) All new or altered piping, including treatment plant process piping, and appurtenances conveying finished drinking water shall be designed and constructed in accordance with Sections 8.0 through 8.5 and 8.7 through 8.11 in Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C., except that:

1. Asbestos-cement water mains shall be pressure and leakage tested in accordance with American Water Works Association (AWWA) Standard C603 as incorporated into Rule 62-555.330, F.A.C., and polyvinyl chloride water mains shall be pressure and leakage tested in accordance with AWWA Standard C605 as incorporated into Rule 62-555.330, F.A.C., while all other types of water mains shall be pressure and leakage tested in accordance with AWWA Standard C600 as incorporated into Rule 62-555.330, F.A.C.

2. All water mains and appurtenances shall be disinfected and bacteriologically evaluated in accordance with Rule 62-555.340, F.A.C.

3. All water main pipe, including fittings, installed on or after August 28, 2003, except pipe installed under a construction permit for which the Department received a complete application before August 28, 2003, shall be color coded or marked using blue as a predominant color to differentiate drinking water from reclaimed or other water. Underground plastic pipe shall be solid-wall blue pipe, shall have a co-extruded blue external skin, or shall be white or black pipe with blue stripes incorporated into, or applied to, the pipe wall; and underground metal or concrete pipe shall have blue stripes applied to the pipe wall. Pipe striped during manufacturing of the pipe shall have continuous stripes that run parallel to the axis of the pipe, that are located at no greater than 90-degree intervals around the pipe, and that will remain intact during and after installation of the pipe. If tape or paint is used to stripe pipe during installation of the pipe, the tape or paint shall be applied in a continuous line that runs parallel to the axis of the pipe and that is located along the top of the pipe; for pipes with an internal diameter of 24 inches or greater, tape or paint shall be applied in continuous lines along each side of the pipe as well as along the top of the pipe. Aboveground pipe at drinking water treatment plants shall be color coded and labeled in accordance with subsection 62-555.320(10), F.A.C., and all other aboveground pipe shall be painted blue or shall be color coded or marked like underground pipe.

(c) The Department shall allow the use of pipe and appurtenances that do not conform to applicable American Water Works Association (AWWA) standards as incorporated into Rule 62-555.330, F.A.C., only if suppliers of water or construction permit applicants provide documentation showing that the alternate pipe and appurtenances provide strength, durability, reliability, and public health protection at least equal to that provided by pipe and appurtenances that conform to applicable AWWA standards.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.861(7) FS. History–New 11-19-87, Formerly 17-22.620, Amended 1-18-89, 5-7-90, 1-1-93, 3-8-94, Formerly 17-555.320, Amended 8-28-03, 2-26-25.

Fla. Admin. Code R. 62-555.322 Prohibition on Use of Lead Pipe, Solder, and Flux

(1) As of January 18, 1989, any pipe, pipe fitting, solder, and flux that is used in the construction, alteration, or repair of any public water system shall be lead free as defined in subsection (2), below, and as of August 28, 2003, any plumbing fitting or fixture that is intended to dispense water for human consumption and that is used in the construction, alteration, or repair of any public water system shall be lead free as defined in subsection (2), below. This subsection shall not apply to leaded joints necessary for the repair of cast iron pipes.

(2) The phrase “lead free” shall mean:

(a) When used with respect to solder and flux, solder and flux containing not more than 0.2 percent lead;

(b) When used with respect to pipe and pipe fittings, pipe and pipe fittings containing not more than 8.0 percent lead; and,

(c) When used with respect to plumbing fittings and fixtures intended to dispense water for human consumption, plumbing fittings and fixtures in compliance with Section 9 of NSF International Standard 61 as adopted in Rule 62-555.335, F.A.C.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.853(1) FS. History–New 1-18-89, Formerly 17-555.322, Amended 8-28-03.

Fla. Admin. Code R. 62-555.325 Fluoridation

(1) Fluoride levels in drinking water shall not exceed the primary maximum contaminant level under Rule 62-550.310, F.A.C., or the secondary maximum contaminant level under Rule 62-550.320, F.A.C. The recommended optimal fluoride concentration for fluoridated community water systems is 0.8 milligram per liter. The recommended fluoride control range for fluoridated community water systems is 0.7 to 1.3 milligrams per liter.

(2) Equipment and Installation.

(a) Fluoride chemicals shall be fed into drinking water proportional to flow. Where the flow rate is reasonably constant, this may be accomplished by electrically interconnecting fluoride metering pumps with well or service pumps or by otherwise designing fluoride metering pumps to operate only when well or service pumps operate. Automatic flow proportioning control of fluoride metering pumps shall be provided where the flow rate varies significantly (i.e., where the flow rate varies by more than 20 percent).

(b) Fluoride metering pumps shall have antisiphon protection.

(c) Tanks and containers holding fluorosilicic acid shall be vented only to the outside atmosphere.

(d) Scales, loss-of-weight recorders, liquid-level indicators, or flow meters, as appropriate, shall be provided to accurately measure quantities of fluoride chemicals used.

(e) At each drinking water treatment plant with fluoridation facilities, the supplier of water shall provide appropriate safety or protective equipment in accordance with Table 15.5 in Water Treatment Plant Design as incorporated into Rule 62-555.330, F.A.C.

(f) Suppliers of water who fluoridate their water shall provide analytical equipment that uses the colorimetric or ion electrode method to measure the fluoride concentration in the treated water.

(g) New or altered fluoridation facilities shall be designed and constructed in accordance with Section 4.7 and Part 5 in Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C., and in accordance with Water Fluoridation: A Manual for Engineers and Technicians as incorporated into Rule 62-555.330, F.A.C.

(3) Quality Assurance and Reporting.

(a) For each drinking water treatment plant fluoridating water, the supplier of water shall measure and record daily the quantity of fluoride chemical used, calculate and record daily the fluoride dose, and measure and record daily the fluoride concentration in the finished drinking water at the entry to the drinking water distribution system. The daily measurements of fluoride concentration in finished water may be performed by any authorized representative of the supplier of water but shall be performed using an appropriate method referenced in subsection 62-550.550(1), F.A.C. If the daily measurements of fluoride concentration in finished water are not performed by a laboratory certified by the Department of Health to perform fluoride analyses of drinking water, the supplier of water shall collect check samples and have them analyzed in accordance with paragraph (b), below.

(b) For each public water system (PWS) fluoridating water and not using a certified laboratory to perform all daily measurements of fluoride concentration in the finished drinking water from each of the PWS’s treatment plants, the supplier of water shall collect two check samples per month from the PWS’s distribution system. Each check sample shall be “split” into two samples, one which shall be analyzed by an authorized representative of the supplier of water and one which shall be analyzed by a laboratory of the Department of Health or a laboratory certified by the Department of Health to perform fluoride analyses of drinking water.

(c) For each drinking water treatment plant fluoridating water, the supplier of water shall report the information required under paragraph (a), above, and, if applicable, the results of the analyses required under paragraph (b), above, to the Department of Health’s Bureau of Dental Health within ten days after each month of operation using Form 62-555.900(5), Monthly Operation Report for PWSs Fluoridating Water, hereby adopted and incorporated by reference, effective August 28, 2003. Copies of this form are available from the Department of Environmental Protection, Drinking Water Section, M.S. 3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(4) The Department of Health’s Bureau of Dental Health is authorized to conduct inspections of fluoridation facilities at public water systems.

History

• Rulemaking Authority 403.853(3), 403.861(6), (9), 403.862(1) FS. Law Implemented 403.852(12), (13), 403.853(3), (5) FS. History–New 11-19-87, Formerly 17-22.625, Amended 1-18-89, 1-3-91, Formerly 17-555.325, Amended 8-28-03.

Fla. Admin. Code R. 62-555.330 Engineering References for Public Water Systems

In addition to the requirements of this chapter, the requirements and standards contained in the following technical publications are hereby incorporated by reference and shall be applied in determining whether permits to construct or alter public water system components, excluding wells (but including well pumping equipment and appurtenances), shall be issued or denied. Each of these publications is available from the publisher or source listed for the publication, and each of these publications is available for review at the Department of Environmental Protection, Source and Drinking Water Program, MS #3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, at the Department of Environmental Protection district offices, and at the Approved County Health Departments. The specific requirements contained in this chapter supersede the requirements and standards contained in these publications. Where there are conflicts between these publications, suppliers of water and construction permit applicants shall comply with any one of the publications. Where there are multiple options or alternatives in these publications, suppliers of water and construction permit applicants shall comply with any one of the options or alternatives. The Department shall allow exceptions to the requirements and standards in these publications if suppliers of water or construction permit applicants provide justification for each exception and provide alternative design and construction features that achieve the same purpose and that afford a similar level of strength, durability, reliability, and public health protection.

(1) Water Quality and Treatment: A Handbook of Community Water Supplies, Fifth Edition, 1999, American Water Works Association. Published by McGraw-Hill, Post Office Box 182604, Columbus, OH 43218-2605.

(2) Water Treatment Plant Design, Third Edition, 1997, American Society of Civil Engineers and American Water Works Association. Published by McGraw-Hill, Post Office Box 182604, Columbus, OH 43218-2605.

(3) Recommended Standards for Water Works, 1997 Edition, Great Lakes – Upper Mississippi River Board of State Public Health and Environmental Managers. Published by Health Research, Inc., Health Education Services Division, P.O. Box 7126, Albany, NY 12224.

(4) Standards of the American Water Works Association (AWWA) in effect on January 1, 2003. Published by the AWWA, 6666 W. Quincy Avenue, Denver, CO 80235.

(5) Water Fluoridation: A Manual for Engineers and Technicians, September 1986, Thomas G. Reeves, P.E. Published by the U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control, Dental Disease Prevention Activity, Atlanta, GA 30333.

(6) Recommended Practice for Backflow Prevention and Cross-Connection Control: AWWA Manual M14, Third Edition, 2004, American Water Works Association (AWWA). Published by the AWWA, 6666 W. Quincy Avenue, Denver, CO 80235, www.awwa.org.

(7) Ultraviolet Disinfection Guidelines for Drinking Water and Water Reuse, December 2000, National Water Research Institute (NWRI) and American Water Works Association Research Foundation. Published by the NWRI, P.O. Box 20865, Fountain Valley, CA 92728-0865.

(8) Water Distribution Systems Handbook, 1999, Larry W. Mays, Editor in Chief. Published by McGraw-Hill, Post Office Box 182604, Columbus, OH 43218-2605.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.861(7) FS. History–New 11-19-87, Formerly 17-22.630, Amended 1-18-89, 1-3-91, 1-1-93, Formerly 17-555.330, Amended 9-22-99, 8-28-03, 5-5-14.

Fla. Admin. Code R. 62-555.335 Guidance Documents for Public Water Systems

The following publications are adopted as financial, managerial, and technical guidance to assist suppliers of water in achieving compliance with Chapters 62-550, 62-555, and 62-560, F.A.C. Each of these publications is available from the publisher or source listed for the publication. Specific portions of these publications may be referenced as enforceable requirements in Chapters 62-550, 62-555, and 62-560, F.A.C. But otherwise, these publications are to be used only as guidance, and the specific requirements contained in Chapters 62-550, 62-555, and 62-560, F.A.C., shall supersede the guidance in these publications.

(1) Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources, March 1991 Edition, U.S. Environmental Protection Agency (USEPA). Available from the following sources:

(a) USEPA, Office of Ground Water and Drinking Water (4601), Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0003.

(b) Educational Resources Information Center, Clearinghouse for Sciences, Mathematics, and Environmental Education, 1929 Kenny Road, Columbus, OH 43210-1080.

(c) U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(2) Lead and Copper Rule Guidance Manual, Volume I: Monitoring, September 1991, U.S. Environmental Protection Agency. Available from the U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(3) Lead and Copper Rule Guidance Manual, Volume II: Corrosion Control Treatment, September 1992, U.S. Environmental Protection Agency. Available from the U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(4) Lead and Copper Monitoring and Reporting Guidance for Public Water Systems, February 2002, U.S. Environmental Protection Agency (USEPA). Available from the following sources:

(a) USEPA, Office of Ground Water and Drinking Water (4601), Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0003.

(b) U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(5) Alternative Disinfectants and Oxidants Guidance Manual, April 1999, U.S. Environmental Protection Agency (USEPA). Available from the following sources:

(a) USEPA, Office of Ground Water and Drinking Water (4601), Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0003.

(b) Educational Resources Information Center, Clearinghouse for Sciences, Mathematics, and Environmental Education, 1929 Kenny Road, Columbus, OH 43210-1080.

(c) U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(6) Guidance Manual for Compliance with the Interim Enhanced Surface Water Treatment Rule: Turbidity Provisions, April 1999, U.S. Environmental Protection Agency (USEPA). Available from the following sources:

(a) USEPA, Office of Ground Water and Drinking Water (4601), Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0003.

(b) Educational Resources Information Center, Clearinghouse for Sciences, Mathematics, and Environmental Education, 1929 Kenny Road, Columbus, OH 43210-1080.

(c) U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(7) Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual, May 1999, U.S. Environmental Protection Agency (USEPA). Available from the following sources:

(a) USEPA, Office of Ground Water and Drinking Water (4601), Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0003.

(b) Educational Resources Information Center, Clearinghouse for Sciences, Mathematics, and Environmental Education, 1929 Kenny Road, Columbus, OH 43210-1080.

(c) U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(8) Disinfection Profiling and Benchmarking Guidance Manual, August 1999, U.S. Environmental Protection Agency (USEPA). Available from the following sources:

(a) USEPA, Office of Ground Water and Drinking Water (4601), Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0003.

(b) Educational Resources Information Center, Clearinghouse for Sciences, Mathematics, and Environmental Education, 1929 Kenny Road, Columbus, OH 43210-1080.

(c) U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(9) Microbial and Disinfection Byproduct Rules Simultaneous Compliance Manual, August 1999, U.S. Environmental Protection Agency (USEPA). Available from the following sources:

(a) USEPA, Office of Ground Water and Drinking Water (4601), Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0003.

(b) Educational Resources Information Center, Clearinghouse for Sciences, Mathematics, and Environmental Education, 1929 Kenny Road, Columbus, OH 43210-1080.

(c) U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(10) NSF International (NSF) Standard 14-2003, Plastics Piping System Components and Related Materials; NSF Standard 42-2002, Drinking Water Treatment Units – Aesthetic Effects; NSF Standard 44-2002, Residential Cation Exchange Water Softeners; NSF Standard 53-2002, Drinking Water Treatment Units – Health Effects; NSF Standard 55-2002, Ultraviolet Microbiological Water Treatment Systems; NSF Standard 58-2002, Reverse Osmosis Drinking Water Treatment Systems; NSF Standard 60-2002, Drinking Water Treatment Chemicals – Health Effects; NSF Standard 61-2002, Drinking Water System Components – Health Effects; and NSF Standard 62-1999, Drinking Water Distillation Systems. Available from Techstreet, 1327 Jones Drive, Ann Arbor, MI 48105.

(11) Water Chemicals Codex, 1982, National Research Council. Published by the National Academies Press, 500 Fifth Street, NW, Lockbox 285, Washington, DC 20055.

(12) Food Chemicals Codex; Fourth Edition, 1996; First Supplement to the Fourth Edition, 1997; Second Supplement to the Fourth Edition, 2000; and Third Supplement to the Fourth Edition, 2001; Institute of Medicine. Published by the National Academies Press, 500 Fifth Street, NW, Lockbox 285, Washington, DC 20055.

(13) Standard Methods for the Examination of Water and Wastewater, 20th Edition, 1998, American Public Health Association (APHA), American Water Works Association, and Water Environment Federation. Published by the APHA, 800 I Street, NW, Washington, DC 20001.

(14) Emergency Planning for Water Utilities, AWWA Manual M19, Fourth Edition, 2001, American Water Works Association (AWWA). Published by the AWWA, 6666 W. Quincy Avenue, Denver, CO 80235.

(15) Manual of Small Public Water Supply Systems, May 1991, U.S. Environmental Protection Agency. Available from the U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(16) Design and Construction of Small Water Systems, An AWWA Small Systems Resource Book, Second Edition, 1999, American Water Works Association (AWWA). Published by the AWWA, 6666 W. Quincy Avenue, Denver, CO 80235.

(17) Design of Small Water Systems; Engineer Manual 1110-2-503; February 27, 1999; U.S. Army Corps of Engineers. Available from the U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(18) “Guidelines for the Issuance of Precautionary Boil Water Notices;” August 26, 1999; Florida Department of Health (FDOH). Available from the FDOH, Bureau of Water Programs, 4052 Bald Cypress Way, Bin A08, Tallahassee, Florida 32399-1709.

(19) Sources of Technical and Financial Assistance for Small Drinking Water Systems, July 2002, U.S. Environmental Protection Agency (USEPA). Available from the USEPA, Office of Ground Water and Drinking Water (4601), Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0003.

(20) System Partnership Solutions to Improve Public Health Protection, September 2002, U.S. Environmental Protection Agency (USEPA). Available from the USEPA, Office of Ground Water and Drinking Water (4601), Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0003.

(21) New Water System Capacity Development Planning Manual, April 2003, Florida Department of Environmental Protection (FDEP). Available from the FDEP, Drinking Water Section, 2600 Blair Stone Road, M.S. #3520, Tallahassee, Florida 32399-2400.

(22) Uniform System of Accounts for Class A Water Utilities, 1996; Uniform System of Accounts for Class B Water Utilities, 1996; Uniform System of Accounts for Class C Water Utilities, 1996; National Association of Regulatory and Utility Commissioners (NARUC). Published by the NARUC, 1101 Vermont Avenue, NW, Suite 200, Washington, DC 20005.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.861(7), 403.8615 FS. History–New 1-3-91, Amended 1-1-93, Formerly 17-555.335, Amended 9-22-99, 8-28-03.

Fla. Admin. Code R. 62-555.340 Disinfection and Bacteriological Evaluation of Public Water System Components

This section addresses disinfection and bacteriological evaluation of the following public water system (PWS) components: treatment or storage facilities and water mains. These PWS components shall be disinfected to inactivate any microbiological contaminant that might have been introduced into the facilities or mains during construction, alteration, repair, or maintenance. For the purpose of this section, the phrase “water mains” shall mean mains, including treatment plant process piping, conveying either raw, partially treated, or finished drinking water; fire hydrant leads; and service lines that are under the control of a PWS and that have an inside diameter of three inches or greater. Disinfection of public water system wells and bacteriological surveys and evaluations of such wells are addressed in subsection 62-555.315(6), F.A.C.

(1) Before new or altered treatment or storage facilities, new or altered water mains, and treatment or storage facilities and water mains taken out of operation for repair or maintenance that might lead to contamination of water are placed into, or returned to, operation, they shall be properly disinfected in accordance with the applicable American Water Works Association (AWWA) standard (i.e., AWWA Standard C651, C652, or C653) as incorporated into Rule 62-555.330, F.A.C., except that bacteriological evaluations to verify proper disinfection shall be conducted in accordance with subsection (2), below. This subsection does not apply to, and disinfection and bacteriological evaluations are not required for, the following treatment or storage facilities and water mains:

(a) Treatment or storage facilities and water mains that normally are treating, storing, or conveying surface water, or ground water under the direct influence of surface water, and that are located upstream of all filtration and disinfection treatment facilities;

(b) Disinfectant storage, feed, or application facilities;

(c) Treatment facilities handling residuals that are not recycled to the drinking water treatment train; and,

(d) Water mains that are repaired with clamping devices while remaining full of pressurized water.

(2) Bacteriological evaluations to verify proper disinfection of treatment or storage facilities and water mains shall be conducted as set forth in paragraphs (a) through (c), below. The total residual chlorine measurements required under paragraph (a), may be performed by any authorized representative of the supplier of water or person constructing or altering the treatment or storage facilities or water mains but shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, as incorporated into Rule 62-160.800, F.A.C. The total coliform analyses required under paragraph (a), shall be performed by a laboratory of the Department of Health (DOH) or a laboratory certified by the DOH to perform bacteriological analyses of drinking water and shall be performed using an appropriate method referenced in subsection 62-550.550(1), F.A.C.

(a) After reducing the total chlorine residual in the facilities or mains to no more than four milligrams per liter, a total of at least two samples – each taken on a separate day and taken at least six hours apart from the other sample(s) – shall be collected at each of the locations indicated in the applicable AWWA standard referenced in subsection (1), above, and the samples shall be analyzed for total residual chlorine and for the presence of total coliform.

(b) If any sample contains more than four milligrams per liter of total chlorine, the sample shall be considered invalid. If any sample shows the presence of total coliform, the facilities or mains shall be redisinfected as necessary in accordance with subsection (1), above, and resampled in accordance with paragraph (a), above, until two consecutive samples at each sampling location show the absence of total coliform.

(c) Bacteriological test results shall be considered unacceptable if the tests were completed more than 60 days before the Department received the results.

(3) Except as allowed under subsections (4) and (5), below, and except as allowed under special construction permit conditions established in accordance with paragraph 62-555.533(2)(f), F.A.C., no disinfected treatment or storage facilities or water mains shall be placed into, or returned to, operation until a bacteriological evaluation has been satisfactorily completed in accordance with subsection (2), above, results of the evaluation have been submitted to the appropriate Department of Environmental Protection (DEP) District Office or Approved County Health Department (ACHD), and said DEP District Office or ACHD has approved the facilities or mains for operation.

(4) When constructing or altering treatment or storage facilities, or water mains, for which a public water system construction permit is not required per subsection 62-555.520(1), F.A.C., and when taking treatment or storage facilities or water mains out of operation for repair or maintenance that might lead to contamination of water, the facilities or mains may be placed into, or returned to, operation without the Department’s approval after disinfection and satisfactory completion of a bacteriological evaluation in accordance with subsection (2), above. The results of the bacteriological evaluation shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department along with the next monthly operation report(s) required under paragraph 62-555.350(12)(b), F.A.C., or if no monthly operation report is required under paragraph 62-555.350(12)(b), F.A.C., within ten days after the end of the month during which the bacteriological evaluation was completed.

(5) When taking water mains out of operation for repair or rehabilitation that might lead to contamination of water, the mains may be returned to operation without the Department’s approval after disinfection and before completion of a bacteriological evaluation in order to minimize the time customers are without water. An advisory or a precautionary “boil water” notice shall be issued if deemed necessary by the supplier of water or if recommended in the Department of Health’s “Guidelines for the Issuance of Precautionary Boil Water Notices” as adopted in Rule 62-555.335, F.A.C. A bacteriological evaluation still must be satisfactorily completed in accordance with subsection (2), above, after the mains are returned to operation. If any bacteriological sample shows the presence of total coliform, the supplier of water shall telephone, and speak directly to a person at, the appropriate Department of Environmental Protection (DEP) District Office or Approved County Health Department (ACHD) as soon as possible, but never later than noon of the next business day. Otherwise, the results of the bacteriological evaluation shall be submitted to the appropriate DEP District Office or ACHD along with the next monthly operation report(s) required under paragraph 62-555.350(12)(b), F.A.C., or if no monthly operation report is required under paragraph 62-555.350(12)(b), F.A.C., within ten days after the end of the month during which the bacteriological evaluation was completed.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.852(12), (13), 403.853(1), (3) FS. History–New 11-19-87, Formerly 17-22.640, Amended 1-18-89, Formerly 17-555.340, Amended 8-28-03.

Fla. Admin. Code R. 62-555.345 Certification of Construction Completion and Clearance for Public Water System Components

Except as allowed under subsection 62-555.340(5), F.A.C., or by special permit condition established in accordance with paragraph 62-555.533(2)(f), F.A.C., no public water system (PWS) components constructed or altered under a permit granted by the Department shall be placed into permanent operation without prior Department approval, or clearance, as described below.

(1) Upon completing, or substantially completing, the construction of new or altered PWS components, and before placing the components into operation for any purpose other than disinfection, testing for leaks, or testing equipment operation, the permittee shall submit to the appropriate Department of Environmental Protection (DEP) District Office or Approved County Health Department one copy of a completed certification of construction completion using Form 62-555.900(9), Certification of Construction Completion and Request for Clearance to Place Permitted PWS Components into Operation, hereby adopted and incorporated by reference, effective August 28, 2003. Copies of this form are available from the Department of Environmental Protection, Drinking Water Section, M.S. #3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This certification shall be accompanied by one copy of the following information:

(a) The portion of record drawings showing deviations from the DEP construction permit, including the approved preliminary design report or drawings and specifications, if there are any deviations from said permit. (Note that it is necessary to submit a copy of only the portion of record drawings showing deviations and not a complete set of record drawings.)

(b) Bacteriological test results, including a sketch or description of all bacteriological sampling locations, demonstrating compliance with subsection 62-555.315(6), or Rule 62-555.340, F.A.C., if any of the new or altered PWS components must be disinfected and bacteriologically surveyed or evaluated per said subsection or said rule.

(c) Analytical test results demonstrating compliance with Part III of Chapter 62-550, or subsection 62-524.650(2), F.A.C., if any of the new or altered PWS components are necessary to achieve, or affect, compliance with said part or said subsection.

(d) A completed Form 62-555.900(20), New Water System Capacity Development Financial and Managerial Operations Plan, as incorporated into Rule 62-555.357, F.A.C., if the new or altered PWS components were constructed under a permit issued by the Department before the effective date of Rule 62-555.525, F.A.C., (9-22-99) and create a “new system” as described under subsection 62-555.525(1), F.A.C.

(e) Any other information required by conditions in the DEP construction permit.

(2) Within 14 days after receiving a certification of construction completion for PWS components constructed or altered under a general permit, the Department shall review the certification. If the Department finds anything that will prevent the new or altered components from functioning in compliance with Chapters 62-550 and 62-555, F.A.C., or if the Department finds that the new or altered components will cause, or contribute to, a PWS’s noncompliance with Chapter 62-550 or 62-555, F.A.C., the Department shall issue to the permittee, within the aforementioned 14-day review period, a written request for corrective action and for resubmittal of the certification after the corrective action is completed.

(3) Within 30 days after receiving a certification of construction completion for PWS components constructed or altered under a specific permit, the Department shall review the certification and, if the new or altered components create a “new system” as described under subsection 62-555.525(1), F.A.C., shall inspect the “new system.” If the Department finds anything that will prevent the new or altered components from functioning in compliance with Chapters 62-550 and 62-555, F.A.C., if the Department finds anything that will prevent a “new system” from functioning in compliance with Chapters 62-550, 62-555, 62-560, and 62-699, F.A.C., or if the Department finds that the new or altered components will cause, or contribute to, an existing PWS’s noncompliance with Chapter 62-550 or 62-555, F.A.C., the Department shall issue to the permittee, within the aforementioned 30-day review/inspection period, a written request for corrective action and for resubmittal of the certification after the corrective action is completed.

(4) Within 14 days after receiving a satisfactory certification of construction completion for PWS components constructed or altered under a general permit and within 30 days after receiving a satisfactory certification of construction completion for PWS components constructed or altered under a specific permit, the Department shall issue written approval, or clearance, to place the new or altered components into permanent operation. The Department shall issue the clearance to the permittee and shall provide a copy of the clearance to the PWS supplying water to the new or altered components if said PWS is not the permittee.

(5) Suppliers of water shall ensure that permittees have obtained written clearance from the Department before suppliers of water turn on water service to permittees.

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.0877, 403.853(1), (3), 403.861(10), 403.8615 FS. History–New 11-19-87, Formerly 17-22.645, Amended 1-18-89, 5-7-90, 1-3-91, 1-1-93, Formerly 17-555.345, Amended 9-22-99, 8-28-03.

Fla. Admin. Code R. 62-555.348 Planning for Expansion of Public Water System Source, Treatment, or Storage Facilities

This section applies to all community water systems serving, or designed to serve, 350 or more persons or 150 or more service connections.

(1) Suppliers of water shall provide for the timely planning, design, permitting, and construction of necessary public water system source, treatment, or storage facilities.

(2) Suppliers of water shall routinely compare the total net quantity of finished drinking water produced each day by their treatment plant(s) with the total permitted maximum-day operating capacity of their plant(s). The permitted maximum-day operating capacity of each plant shall be as specified in the latest Department of Environmental Protection (DEP) construction permit concerning source water or treatment facilities for the plant. In cases where no permitted maximum-day operating capacity has been specified in the latest DEP construction permit concerning source water or treatment facilities for a plant, the Department shall establish the permitted maximum-day operating capacity of the plant based upon information that is included in or with pertinent permit applications or that is provided by the supplier of water and based upon design requirements in Part III of this chapter, including design requirements in the engineering references listed in Rule 62-555.330, F.A.C.

(3) When the total maximum-day quantity of finished water produced by all treatment plants connected to a water system, including water produced to meet any fire-flow demand but excluding water produced to meet any demand that the supplier of water documents to be highly unusual and nonrecurring, exceeds 75 percent of the total permitted maximum-day operating capacity of the plants, the supplier of water shall submit source/treatment/storage capacity analysis reports to the Department according to the schedule described in paragraphs (a) and (b), below; however, in no case shall it be necessary to submit more than one report annually. The reports shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department.

(a) The initial report shall be submitted within six months after the month in which the total maximum-day quantity of finished water produced by the treatment plant(s) first exceeds 75 percent of the total permitted maximum-day operating capacity of the plant(s) or by August 28, 2004, whichever occurs later.

(b) Updated reports shall be submitted as follows:

1. If the initial report or the latest updated report indicates that maximum-day water demand (including fire-flow demand if fire protection is being provided) at build-out will not exceed the total permitted maximum-day operating capacity of the treatment plant(s) and that finished-water storage need (including fire storage if fire protection is being provided) at build-out will not exceed the existing total useful finished-water storage capacity, no additional report is required.

2. If the initial report or the latest updated report indicates that maximum-day water demand (including fire-flow demand if fire protection is being provided) will not exceed the total permitted maximum-day operating capacity of the treatment plant(s) for at least ten years and that finished-water storage need (including fire storage if fire protection is being provided) will not exceed the existing total useful finished-water storage capacity for at least ten years, the next updated report shall be submitted within five years after submittal of the previous report.

3. If the initial report or the latest updated report indicates that maximum-day water demand (including fire-flow demand if fire protection is being provided) will exceed the total permitted maximum-day operating capacity of the treatment plant(s) in less than ten years but greater than or equal to five years or that finished-water storage need (including fire storage if fire protection is being provided) will exceed the existing total useful finished-water storage capacity in less than ten years but greater than or equal to five years, the next updated report shall be submitted within two years after submittal of the previous report.

4. If the initial report or the latest updated report indicates that maximum-day water demand (including fire-flow demand if fire protection is being provided) will exceed the total permitted maximum-day operating capacity of the treatment plant(s) in less than five years or that finished-water storage need (including fire storage if fire protection is being provided) will exceed the existing total useful finished-water storage capacity in less than five years, the next updated report shall be submitted within one year after submittal of the previous report.

(4) Each initial or updated source/treatment/storage capacity analysis report shall evaluate the capacity of all source, treatment, or storage facilities connected to a water system and shall contain the following information:

(a) The capacity of each water treatment plant’s source water facilities and treatment facilities; the permitted maximum-day operating capacity and, if applicable, permitted peak operating capacity of each plant; and the useful capacity of each finished-water storage facility;

(b) The maximum-day and annual average daily quantities of finished water produced by each plant during each of the past ten years or during each of the years the plant has been in operation, whichever is less;

(c) Projected total water demands – total annual average daily demand and total maximum-day demand (including fire-flow demand if fire protection is being provided) – for at least the next ten years and projected total finished-water storage need (including fire storage if fire protection is being provided) for at least the next ten years;

(d) An estimate of the time required for maximum-day water demand (including fire-flow demand if fire protection is being provided) to exceed the total permitted maximum-day operating capacity of the plant(s) and an estimate of the time required for finished-water storage need (including fire storage if fire protection is being provided) to exceed the existing total useful finished-water storage capacity;

(e) Recommendations for new or expanded source, treatment, or storage facilities; and,

(f) A recommended schedule showing dates for design, permitting, and construction of recommended new or expanded source, treatment, or storage facilities.

(5) Each initial or updated source/treatment/storage capacity analysis report shall be prepared under the responsible charge of one or more professional engineers licensed in Florida and shall be signed, sealed, and dated by the professional engineer(s) in responsible charge.

(6) If an initial or updated source/treatment/storage capacity analysis report indicates that maximum-day water demand (including fire-flow demand if fire protection is being provided) will exceed the total permitted maximum-day operating capacity of the water treatment plant(s) in less than five years or that finished-water storage need (including fire storage if fire protection is being provided) will exceed the existing total useful finished-water storage capacity in less than five years, documentation of timely design, permitting, and construction of recommended new or expanded source, treatment, or storage facilities shall be submitted with the report. The documentation shall consist of a written statement that is signed by an authorized representative of the supplier of water and that certifies the supplier is meeting, and intends to meet, the report’s recommended schedule for design, permitting, and construction of recommended new or expanded source, treatment, or storage facilities.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.861(17) FS. History–New 8-28-03.

Fla. Admin. Code R. 62-555.350 Operation and Maintenance of Public Water Systems

(1) Suppliers of water shall operate and maintain their public water systems so as to comply with applicable standards in Chapter 62-550, F.A.C., and requirements in this chapter.

(2) Suppliers of water shall keep all necessary public water system components in operation and shall maintain such components in good operating condition so the components function as intended. Preventive maintenance on electrical or mechanical equipment – including exercising of auxiliary power sources, checking the calibration of finished-drinking-water meters at treatment plants, testing of air or pressure relief valves for hydropneumatic tanks, and exercising of isolation valves – shall be performed in accordance with the equipment manufacturer’s recommendations or in accordance with a written preventive maintenance program established by the supplier of water; however, in no case shall auxiliary power sources be run under load less frequently than monthly. Accumulated sludge and biogrowths shall be cleaned routinely (i.e., at least annually) from all treatment facilities that are in contact with raw, partially treated, or finished drinking water and that are not specifically designed to collect sludge or support a biogrowth; and blistering, chipped, or cracked coatings and linings on treatment or storage facilities in contact with raw, partially treated, or finished drinking water shall be rehabilitated or repaired. Finished-drinking-water storage tanks, including conventional hydropneumatic tanks with an access manhole but excluding bladder- or diaphragm-type hydropneumatic tanks without an access manhole, shall be checked at least annually to ensure that hatches are closed and screens are in place; shall be cleaned at least once every five years to remove biogrowths, calcium or iron/manganese deposits, and sludge from inside the tanks; and shall be inspected for structural and coating integrity at least once every five years by personnel under the responsible charge of a professional engineer licensed in Florida. Dead-end water mains conveying finished drinking water shall be flushed quarterly or in accordance with a written flushing program established by the supplier of water; additionally, dead-end or other water mains conveying finished water shall be flushed as necessary whenever legitimate water quality complaints are received.

(3) Suppliers of water shall ensure that drinking water treatment chemicals conform to the standards referenced in paragraph 62-555.320(3)(a), F.A.C., and shall have their lead/chief water treatment plant operators certify in writing on the monthly operation reports required under subsection (12), below, that drinking water treatment chemicals conform to the standards referenced in paragraph 62-555.320(3)(a), F.A.C. Lead/chief water treatment plant operators may base their certifications upon evaluations conducted by the supplier of water or upon third-party or manufacturer certifications.

(4) No supplier of water shall operate any drinking water treatment plant at a capacity greater than the plant’s permitted operating capacity except with the Department’s prior approval, which shall be given when such operation will not cause a violation of a maximum contaminant level, a treatment technique requirement, or other operating requirements and is for no more than three months, or under circumstances that the supplier of water documents as highly unusual and nonrecurring. The permitted operating capacity of each plant shall be as specified in the latest Department of Environmental Protection (DEP) construction permit concerning source water or treatment facilities for the plant. In cases where no permitted operating capacity has been specified in the latest DEP construction permit concerning source water or treatment facilities for a plant, the Department shall establish the permitted maximum-day operating capacity of the plant and, if the plant is designed to meet peak water demand or to supplement finished-water storage facilities in meeting peak water demand, the permitted peak operating capacity of the plant based upon information that is included in or with pertinent permit applications or that is provided by the supplier of water and based upon design requirements in part III of this chapter, including design requirements in the engineering references listed in Rule 62-555.330, F.A.C. Each day that a supplier of water is required under Chapter 62-699, F.A.C., to have a licensed operator staff or visit a plant, the supplier of water shall measure and record in the logs and reports required under subsection (12), below, the net quantity of finished drinking water, excluding any filter backwash water, produced by the plant.

(5) Suppliers of water who are using ground water not under the direct influence of surface water and who are required to provide treatment to reliably achieve at least four-log inactivation or removal of viruses in accordance with paragraph 62-555.320(12)(b), F.A.C., shall monitor, record, and maintain the effectiveness and reliability of disinfection treatment as described in paragraphs (a) through (c), below. The residual disinfectant, temperature, or pH measurements required under paragraph (a) or (b), may be performed by any authorized representative of the supplier of water; but field measurements of residual chlorine, temperature, and pH shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, as incorporated into Rule 62-160.800, F.A.C., and all other measurements shall be performed using an appropriate method referenced in subsection 62-550.550(1), F.A.C., or in Standard Methods for the Examination of Water and Wastewater as adopted in Rule 62-555.335, F.A.C.

(a) For each day a supplier of water serving 3,300 or more persons serves water to the public from a drinking water treatment plant that includes chemical disinfection for virus inactivation, the supplier of water shall continuously monitor the residual disinfectant concentration (C) before or at the first customer and shall record in the logs and reports required under subsection (12), below, the lowest C measured before or at the first customer during peak flow, the corresponding disinfectant contact time (T) at the C monitoring point during peak flow, and the resulting lowest CT provided before or at the first customer during peak flow. In addition, at least once for each day the supplier of water serves water to the public from the plant, the supplier of water shall measure and record the temperature of the water at the point where C is monitored; shall measure and record the pH of the water at the point where C is monitored if free chlorine is being used for virus inactivation; and with this temperature and pH information, shall determine and record the minimum CT required to comply with paragraph 62-555.320(12)(b), F.A.C. If there is a failure of equipment used to continuously monitor C, the supplier of water may temporarily monitor C by taking grab samples every four hours but may do so for no more than one week following the equipment failure. If at any time the “CT provided” falls below the minimum CT required, the supplier of water shall increase the disinfectant dose until the “CT provided” is at least equal to the minimum CT required and shall notify the Department in accordance with subsection (10), below.

(b) For each day a supplier of water serving less than 3,300 persons serves water to the public from a drinking water treatment plant that includes chemical disinfection for virus inactivation, the supplier of water shall monitor the residual disinfectant concentration (C) before or at the first customer by taking at least one grab sample during peak flow and shall record in the logs and reports required under subsection (12), below, the lowest C measured before or at the first customer during peak flow, the corresponding disinfectant contact time (T) at the C monitoring point during peak flow, and the resulting CT provided before or at the first customer during peak flow. In addition, at least once for each day the supplier of water serves water to the public from the plant, the supplier of water shall measure and record the temperature of the water at the point where C is monitored; shall measure and record the pH of the water at the point where C is monitored if free chlorine is being used for virus inactivation; and with this temperature and pH information, shall determine and record the minimum CT required to comply with paragraph 62-555.320(12)(b), F.A.C. If any measurement of the “CT provided” falls below the minimum CT required, the supplier of water shall increase the disinfectant dose and take follow-up grab samples at least every four hours until the “CT provided” is at least equal to the minimum CT required and shall notify the Department in accordance with subsection (10), below.

(c) For each day a supplier of water serves water to the public from a drinking water treatment plant that includes ultraviolet (UV) disinfection for virus inactivation, the supplier of water shall continuously monitor the operating UV dose and shall record in the logs and reports required under subsection (12), below, the lowest operating UV dose measured. If at any time the operating UV dose falls below the minimum UV dose required to comply with paragraph 62-555.320(12)(b), F.A.C., the supplier of water shall clean the UV lamp sleeves or replace the UV lamps to restore the operating UV dose to a level at least equal to the required minimum UV dose and shall notify the Department in accordance with subsection (10), below.

(6) Suppliers of water shall maintain a minimum free chlorine residual of 0.2 milligram per liter, or a minimum combined chlorine residual of 0.6 milligram per liter or an equivalent chlorine dioxide residual, throughout their drinking water distribution system at all times. If at any time the residual disinfectant concentration in any portion of a distribution system falls below the required minimum level, the supplier of water shall increase the disinfectant dose as necessary and flush said portion of the distribution system until the residual disinfectant concentration is restored to the required minimum level. Suppliers of water shall monitor and record the residual disinfectant concentration in their distribution system as described in paragraphs (a) and (b), below. The residual disinfectant measurements required under paragraph (a) or (b), may be performed by any authorized representative of the supplier of water; but field measurements of chlorine residual shall be performed following the appropriate procedures in the Department of Environmental Protection Standard Operating Procedures for Field Activities, DEP-SOP-001/01, as incorporated into Rule 62-160.800, F.A.C., and all other measurements shall be performed using an appropriate method referenced in subsection 62-550.550(1), F.A.C.

(a) Each supplier of water serving 3,300 or more persons shall take at least one grab sample each day the supplier serves water to the public or at least five days per week, whichever is less, at a point in the water supplier’s distribution system reflecting maximum residence time after disinfectant addition, shall measure the residual disinfectant concentration, and shall record the residual disinfectant concentration in the logs and reports required under subsection (12), below.

(b) Each supplier of water serving less than 3,300 persons shall take at least one grab sample each day the supplier serves water to the public or at least two days per week, whichever is less, at a point in the water supplier’s distribution system reflecting maximum residence time after disinfectant addition, shall measure the residual disinfectant concentration, and shall record the residual disinfectant concentration in the logs and reports required under subsection (12), below.

(7) Except when a water main breaks or treatment or pumping equipment fails and except under circumstances that the supplier of water documents to be highly unusual and nonrecurring, suppliers of water shall maintain a minimum gauge pressure of 20 pounds per square inch throughout their drinking water distribution system up to each customer’s point of connection to the water supplier’s distribution system.

(8) Suppliers of water shall employ licensed operation personnel in accordance with Chapters 62-602 and 62-699, F.A.C., for all public water systems except transient non-community water systems using only ground water and serving only businesses other than public food service establishments as defined in, and regulated under, Chapter 381, 500, or 509, F.S.

(9) No supplier of water shall alter or replace underground portions of, or abandon, any public water system well without first obtaining a permit from the appropriate water management district or delegated permitting authority if such a permit is required under Chapter 62-532, F.A.C. In addition, no supplier of water shall introduce a new source of water into any public water system; alter, or discontinue use of, any public water system components other than wells (but including well pumping equipment and appurtenances); or alter the type of chemicals being used to treat drinking water without first obtaining a construction permit or written approval from the Department if such a permit or such approval is required under subsection 62-555.520(1), F.A.C., or first submitting written notification to the Department if such notification is required under subsection 62-555.520(1), F.A.C.

(10) Suppliers of water shall notify the State Warning Point (SWP), the appropriate Department of Environmental Protection (DEP) District Office or Approved County Health Department (ACHD), and water customers in accordance with the following procedures in the event of the following circumstances.

(a) Suppliers of water shall telephone the SWP at 1(800)320-0519 immediately (i.e., within two hours) after discovery of any actual or suspected sabotage or security breach, or any suspicious incident, involving a public water system.

(b) Suppliers of water shall telephone, and speak directly to a person at, the appropriate DEP District Office or ACHD as soon as possible, but never later than noon of the next business day, in the event of any of the following emergency or abnormal operating conditions:

1. The occurrence of any abnormal color, odor, or taste in a public water system’s raw or finished water,

2. The failure of a public water system to comply with applicable disinfection requirements, or

3. The breakdown of any water treatment or pumping facilities, or the break of any water main, in a public water system if the breakdown or break is expected to adversely affect finished-water quality, interrupt water service to 150 or more service connections or 350 or more people, interrupt water service to any one service connection for more than eight hours, or necessitate the issuance of a precautionary “boil water” notice in accordance with the Department of Health’s “Guidelines for the Issuance of Precautionary Boil Water Notices” as adopted in Rule 62-555.335, F.A.C.

(c) Suppliers of water shall notify the appropriate DEP District Office or ACHD and affected water customers by no later than the previous business day before initiating any planned permanent or temporary conversion from free chlorine to chloramines or vice versa for disinfection. Notices to the appropriate DEP District Office or ACHD shall be delivered by telephoning, and speaking directly to a person at, the DEP District Office or ACHD, and notices to affected water customers shall be delivered in writing or via telephone, newspaper, radio, or television. A single notice may be provided to cover both a planned temporary conversion from chloramines to free chlorine and the planned subsequent conversion back to chloramines. Notification is not required before unplanned temporary conversions from chloramines to free chlorine to protect public health during emergency operating conditions caused by circumstances such as source water contamination, water main breaks, or backflow incidents.

(d) Suppliers of water shall notify affected water customers in writing or via telephone, newspaper, radio, or television by no later than the previous business day before taking public water system (PWS) components out of operation for planned maintenance or repair work if the work is expected to adversely affect finished-water quality or interrupt water service to any service connection. Additionally, suppliers of water shall telephone, and speak directly to a person at, the appropriate DEP District Office or ACHD by no later than the previous business day before taking PWS components out of operation for planned maintenance or repair work if the work is expected to adversely affect finished-water quality, interrupt water service to 150 or more service connections or 350 or more people, interrupt water service to any one service connection for more than eight hours, or necessitate the issuance of a precautionary “boil water” notice in accordance with the Department of Health’s “Guidelines for the Issuance of Precautionary Boil Water Notices” as adopted in Rule 62-555.335, F.A.C.

(e) Suppliers of water shall describe in the monthly operation reports required under subsection (12), below, all emergency or abnormal operating conditions and all maintenance or repair work that involves taking out of operation public water system components other than water service lines.

(11) Suppliers of water shall issue precautionary “boil water” notices as required or recommended in the Department of Health’s “Guidelines for the Issuance of Precautionary Boil Water Notices” as adopted in Rule 62-555.335, F.A.C.

(12) Suppliers of water shall keep and submit operation and maintenance logs, reports, and records as described below.

(a) All suppliers of water shall keep operation and maintenance logs at their drinking water treatment plants. For plants that are part of a transient non-community water system using only ground water and serving only businesses other than public food service establishments, the operation and maintenance logs shall contain a minimum of three months of data at all times and shall contain the date and type of all maintenance performed and the date and results of all sampling and analyses performed unless the sampling or analyses are documented on a laboratory sheet. For all other plants, the operation and maintenance logs shall contain the information listed in, and shall be maintained as described in, subsection 62-602.650(4), F.A.C.

(b) For all public water systems except transient non-community water systems using only ground water and serving only businesses other than public food service establishments, suppliers of water shall submit monthly operation reports to the appropriate Department of Environmental Protection District Office or Approved County Health Department within ten days after each month of operation per paragraph 62-550.730(1)(d), F.A.C., and shall do so using the following forms as applicable: Form 62-555.900(2), Monthly Operation Report for Subpart H Systems as incorporated into paragraph 62-550.817(11)(a), F.A.C.; Form 62-555.900(3), Monthly Operation Report for PWSs Treating Raw Ground Water or Purchased Finished Water, hereby adopted and incorporated by reference, effective August 28, 2003; Form 62-555.900(4), Monthly Operation Report for Consecutive Systems that Do Not Treat Water, hereby adopted and incorporated by reference, effective August 28, 2003; Form 62-555.900(6), Monthly Operation Report for Consecutive Systems that Receive Purchased Finished Water from a Subpart H System as incorporated into paragraph 62-550.817(11)(b), F.A.C.; Form 62-555.900(11), Monthly Operation Report for Summation of Finished-Water Production by CWSs that Have Multiple Treatment Plants, hereby adopted and incorporated by reference, effective August 28, 2003; Form 62-555.350(12)(b), Supplemental Monthly Operation Report for PWS Receiving Advanced Treated Water, hereby adopted and incorporated by reference, effective February 26, 2025 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17752). Copies of these forms are available from the Department of Environmental Protection Drinking Water Section, M.S. #3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Suppliers of water shall keep copies of monthly operation reports, together with any additional operation records required by the monthly operation reports, for at least ten years in accordance with subsection 62-550.720(5), F.A.C.

(c) All suppliers of water shall keep records documenting that their finished-drinking-water storage tanks, including conventional hydropneumatic tanks with an access manhole but excluding bladder- or diaphragm-type hydropneumatic tanks without an access manhole, have been cleaned and inspected during the past five years in accordance with subsection 62-555.350(2), F.A.C. In addition, all suppliers of water shall keep records documenting that their isolation valves are being exercised, and their water mains conveying finished drinking water are being flushed, in accordance with subsection 62-555.350(2), F.A.C.

(13) Suppliers of water shall provide an operation and maintenance manual for each of their drinking water treatment plants by no later than December 31, 2005, and shall update the manual thereafter as necessary to reflect plant alterations and additions. The manual shall contain operation and control procedures, and preventive maintenance and repair procedures, for all plant equipment and shall be made available for reference at the plant or at a convenient location near the plant. Bound and indexed equipment manufacturer manuals shall be considered sufficient to meet the requirements of this subsection.

(14) By December 31, 2005, suppliers of water who own or operate a community water system serving, or designed to serve, 350 or more persons or 150 or more service connections shall have, and thereafter maintain, an up-to-date map of their drinking water distribution system. Such a map shall show the location and size of water mains if known; the location of valves and fire hydrants; and the location of any pressure zone boundaries, pumping facilities, storage tanks, and interconnections with other public water systems.

(15) Suppliers of water who own or operate a community water system serving, or designed to serve, 350 or more persons or 150 or more service connections shall develop a written emergency preparedness/response plan in accordance with Emergency Planning for Water Utilities, AWWA Manual M19, as adopted in Rule 62-555.335, F.A.C., by no later than December 31, 2004, and shall update and implement the plan as necessary thereafter. Said suppliers of water shall coordinate with their Local Emergency Planning Committee and their Florida Department of Law Enforcement Regional Security Task Force when developing their emergency plan and shall include in their plan all of the information in paragraphs (a) through (e), below.

(a) A communication chart as described in Chapter 5 of AWWA Manual M19.

(b) Written agreements with other agencies, utilities, or response organizations.

(c) A disaster-specific preparedness/response plan as described in Chapter 5 of AWWA Manual M19 for each of the following disasters: vandalism or sabotage; a drought; a hurricane; a structure fire; and if applicable, a flood, a forest or brush fire, and a hazardous material release. Each disaster-specific preparedness/response plan shall incorporate the results of a vulnerability assessment; shall include actions and procedures, and identify equipment, that can obviate or lessen the impact of such a disaster; and shall include plans and procedures that can be implemented, and identify equipment that can be utilized, in the event of such a disaster.

(d) Details about how the water system meets the standby power requirements under subsection 62-555.320(14), F.A.C., and, if applicable, recommendations regarding the amount of fuel to maintain on site, and the amount of fuel to hold in reserve under contracts with fuel suppliers, for operation of auxiliary power sources.

(e) If applicable, recommendations regarding the amount of drinking water treatment chemicals, including chemicals used for regeneration of ion-exchange resins or for onsite generation of disinfectants, to maintain in inventory at treatment plants.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.852(12), 403.853(6), 403.861(17) FS. History–New 11-19-87, Formerly 17-22.650, Amended 1-18-89, 1-1-93, Formerly 17-555.350, Amended 8-28-03, 2-26-25.

Fla. Admin. Code R. 62-555.355 Water Samples for Laboratory Test

History

• Rulemaking Authority 403.861(9), (10) FS. Law Implemented 403.852(12), (13), 403.853(1), (3) FS. History–New 11-19-87, Formerly 17-22.655, Amended 1-18-89, Formerly 17-555.355, Repealed 12-10-96.

Fla. Admin. Code R. 62-555.357 New Water System Capacity Development Financial and Managerial Operations Plans

A New Water System Capacity Development Financial and Managerial Operations Plan consists of a completed Form 62-555.900(20), hereby adopted and incorporated by reference, effective August 28, 2003, including all supporting attachments. Copies of this form are available from the Department of Environmental Protection, Drinking Water Section, M.S. #3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) For each water system that is considered a “new system” per subsection 62-555.525(1), F.A.C., but for which a construction permit is not required, the supplier of water shall submit a New Water System Capacity Development Financial and Managerial Operations Plan to the Department within 90 days after commencing operations as a community or non-transient non-community water system. The plan shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department.

(2) For each water system that is considered a “new system” per subsection 62-555.525(1), F.A.C., the supplier of water shall submit an updated New Water System Capacity Development Financial and Managerial Operations Plan to the Department within 90 days after the third anniversary of the system commencing operations as a community or non-transient non-community water system. The updated plan shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department.

(3) For each water system that is considered a “new system” per subsection 62-555.525(1), F.A.C., and that changes ownership on or after August 28, 2003, the supplier of water acquiring ownership of the system shall submit an updated New Water System Capacity Development Financial and Managerial Operations Plan to the Department within 90 days after acquiring ownership of the system. The updated plan shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department.

(4) Within 30 days after the Department receives a New Water System Capacity Development Financial and Managerial Operations Plan required under subsection (1), (2), or (3), above, the Department shall review the plan. If the Department finds anything that will prevent the “new system” from functioning in compliance with Chapters 62-550, 62-555, 62-560, and 62-699, F.A.C., the Department shall issue to the supplier of water, within the aforementioned 30-day review period, a written request for changes to the plan and for resubmittal of the plan after the changes are made. Within 30 days after receiving a satisfactory plan (i.e., a plan that is complete and that indicates the “new system” has the capacity to function in compliance with Chapters 62-550, 62-555, 62-560, and 62-699, F.A.C.), the Department shall issue to the supplier of water written approval of the plan.

History

• Rulemaking Authority 403.861(9), 403.8615(1) FS. Law Implemented 403.8615 FS. History–New 9-22-99, Amended 8-28-03.

Fla. Admin. Code R. 62-555.360 Cross-Connection Control for Public Water Systems

(1) Cross-connections, as defined in Rule 62-550.200, F.A.C., are prohibited unless appropriate backflow protection is provided to prevent backflow through the cross-connection into the public water system. This does not prohibit a public water system from being interconnected to another public water system of the same type without backflow protection (i.e., a community water system [CWS] may be interconnected to another CWS without backflow protection, a non-transient non-community water system [NTNCWS] may be interconnected to another NTNCWS without backflow protection, and a transient non-community water system [TWS] may be interconnected to another TWS without backflow protection).

(a) Appropriate backflow protection for various applications is described in Recommended Practice for Backflow Prevention and Cross-Connection Control: AWWA Manual M14, Third Edition, as clarified and modified in paragraphs (b) and (c), below, and in Table 62-555.360-2, which appears at the end of this section. The third edition of AWWA Manual M14 is incorporated herein by reference; is available from the American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235, www.awwa.org; and is available for review at the Department of Environmental Protection, Source and Drinking Water Program, MS #3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, at the Department of Environmental Protection district offices, and at the Approved County Health Departments.

(b) Except for the temporary cross-connections described in paragraph (c), below, cross-connections between a public water system and a wastewater system or reclaimed water system are prohibited (i.e., an air gap shall be maintained between any public water system and any wastewater system or reclaimed water system). The Department shall allow an exception to this requirement if the supplier of water provides justification for the exception and provides alternative backflow protection that achieves a level of reliability and public health protection similar to that achieved by an air gap (e.g., two biannually-tested reduced-pressure principle assemblies installed in series); however, in no case shall the Department allow a single, annually-tested mechanical backflow preventer to be used as the only protection against backflow of wastewater or reclaimed water into a public water system.

(c) Temporary cross-connections may be made between a public water system and a wastewater system or reclaimed water system for either of the following purposes:

1. To supply water for flushing or testing a new wastewater force main or new reclaimed water main, in which case a double check valve assembly or reduced-pressure principle assembly shall be provided at the cross-connection.

2. To supply water for temporarily operating a new reclaimed water main that has not yet been connected to a reclaimed water supply, in which case a reduced-pressure principle assembly shall be provided at the cross-connection.

(2) Each community water system (CWS) shall establish and implement a cross-connection control program utilizing backflow protection at or for service connections from the CWS in order to protect the CWS from contamination caused by cross-connections on customers’ premises. This program shall include a written plan that is developed using recommended practices of the American Water Works Association set forth in Recommended Practice for Backflow Prevention and Cross-Connection Control: AWWA Manual M14, Third Edition, as clarified and modified in paragraph (a), below. The third edition of AWWA Manual M14 is incorporated herein by reference and is available as indicated in paragraph 62-555.360(1)(a), F.A.C.

(a) The minimum components that each CWS shall include in its written cross-connection control plan are listed and described in Table 62-555.360-1, which appears at the end of this section. The categories of customers for which each CWS shall ensure backflow protection is provided at or for the service connection from the CWS to the customer are listed in Table 62-555.360-2, which appears at the end of this section.

(b) Each CWS serving more than 10,000 persons shall prepare and submit cross-connection control program annual reports. The first annual report shall cover calendar year 2016, and subsequent annual reports shall cover each calendar year thereafter. These reports shall be prepared using Form 62-555.900(13), Cross-Connection Control Program Annual Report, effective 5-5-14, which is incorporated herein by reference and which is available as described in Rule 62-555.900, F.A.C., and at http://www.flrules.org/Gateway/reference.asp?No=Ref-04104. These reports shall be submitted to the appropriate Department of Environmental Protection district office or Approved County Health Department within three months after the end of the calendar year covered by the report.

(3) Upon discovery of a prohibited or inappropriately protected cross-connection, public water systems either shall ensure that the cross-connection is eliminated, shall ensure that appropriate backflow protection is installed to prevent backflow into the public water system, or shall discontinue water service. If the discovered cross-connection is on the premises of a customer of a community water system (CWS) and if the customer’s premises is in a category described in Table 62-555.360-2, which appears at the end of this section, the CWS shall ensure that appropriate backflow protection is provided at or for the water service connection to the customer regardless of whether the cross-connection is eliminated or whether internal backflow protection is installed at the cross-connection to the customer’s plumbing system.

Table 62-555.360-1: Minimum Components that Each Community Water System (CWS)

Shall Include in Its Written Cross-Connection Control (CCC) Plan (Effective 5-5-14)

Component Number and Description

I. Legal authority for the CWS’s CCC program – i.e., an ordinance, a bylaw or resolution, or water service rules and regulations. The legal authority shall include or reference Components 2 and 3, below.

II. The CWS’s policy establishing where backflow protection at or for service connections from the CWS is mandatory.

A. This policy shall identify categories of customers for which the CWS is requiring backflow protection at or for the service connection to the customer and shall specify the minimum backflow protection that the CWS is requiring for each such category of customers.

B. This policy shall be no less stringent than Table 62-555.360-2, which appears at the end of Rule 62-555.360, F.A.C.

III. The CWS’s policy regarding ownership, installation, inspection/testing, and maintenance of backflow protection that the CWS is requiring at or for service connections from the CWS.

A. This policy shall specify whether the CWS or customer is responsible for installation, inspection/testing, and maintenance of backflow protection being required at or for service connections.

B. This policy shall specify design and performance standards, and shall specify installation criteria, for new backflow protection being required at or for service connections. Installation criteria shall be consistent with installation criteria in AWWA Manual M14 as incorporated into subsection 62-555.360(2), F.A.C., and shall assure the backflow protection is installed as close as practical to the CWS’s meter or customer’s property line but, in all cases, before the first distribution line off of the customer’s water service line.

C. This policy shall specify the frequency for inspecting air gaps (AGs) being required at or for service connections and shall specify qualifications for persons inspecting such AGs. All AGs being required at or for service connections pursuant to Table 62-555.360-2, which appears at the end of Rule 62-555.360, F.A.C., shall be inspected at least annually.

D. This policy shall specify the frequency for testing backflow preventer assemblies1 being required at or for service connections, shall specify qualifications for persons testing such assemblies, and shall specify test procedures for such assemblies. Assemblies being required at or for non-residential service connections2 pursuant to Table 62-555.360-2, which appears at the end of Rule 62-555.360, F.A.C., shall be tested after installation or repair and at least annually thereafter and shall be repaired if they fail to meet performance standards. Assemblies being required at or for residential service connections2 pursuant to Table 62-555.360-2 shall be tested after installation or repair and at least biennially thereafter and shall be repaired if they fail to meet performance standards.

E. This policy shall specify the frequency for refurbishing or replacing dual check devices (DuCs) being required at or for service connections. DuCs being required at or for service connections pursuant to Table 62-555.360-2, which appears at the end of Rule 62-555.360, F.A.C., shall be refurbished or replaced at least once every 5 to 10 years or at a lesser frequency determined by the CWS if the CWS documents that the lesser frequency is appropriate based on data from spot-testing DuCs in its system or based on data from backflow sensing meters in its system.

IV. The CWS’s procedures for evaluating customers’ premises to establish the category of customer and the backflow protection being required at or for the service connection(s) from the CWS to the customer.3

A. The CWS shall evaluate the customer’s premises at a newly constructed service connection before the CWS begins supplying water to the service connection.

B. The CWS shall evaluate the customer’s premises at an existing – i.e., previously constructed – service connection whenever the customer connects to a reclaimed water distribution system, whenever an auxiliary water system is discovered on the customer’s premises, whenever a prohibited or inappropriately protected cross-connection is discovered on the customer’s premises, and whenever the customer’s premises is altered under a building permit in a manner that could change the backflow protection required at or for a service connection to the customer.

V. The CWS’s procedures for maintaining CCC program records.4

A. The CWS shall maintain a current inventory of backflow protection being required at or for service connections from the CWS.

B. The CWS shall maintain records of the installation, inspection/testing, and repair of backflow protection being required at or for service connections from the CWS.

1 Backflow preventer assemblies include the following: double check valve assemblies (DCs) and double check detector assemblies (DCDAs); pressure vacuum breaker assemblies (PVBs); and reduced-pressure principle assemblies (RPs) and reduced-pressure principle detector assemblies (RPDAs).

2 For the purpose of this table, “residential service connection” means any service connection, including any dedicated irrigation or fire service connection, that is two inches or less in diameter and that supplies water to a building, or premises, containing only dwelling units; and “non-residential service connection” means any other service connection.

3 CWSs may evaluate customers’ premises using questionnaires, reviews of construction plans or pertinent records, on-site inspections, or any combination thereof.

4 CWSs may maintain all records in either electronic or paper format.

Table 62-555.360-2: Categories of Customers for Which Each Community Water System (CWS) Shall Ensure

Minimum Backflow Protection Is Provided at or for the Service Connection from the CWS to the Customer (Effective 5-5-14)

Category of Customer

Minimum Backflow Protection1 to Be Provided at or for the Service Connection from the CWS to the Customer

Beverage processing plant, including any brewery

DC if the plant presents a low hazard2; or RP if the plant presents a high hazard2

Cannery, packing house, rendering plant, or any facility where fruit, vegetable, or animal matter is processed, excluding any premises where there is only restaurant or food service facility

RP

Car wash

RP

Chemical plant or facility using water in the manufacturing, processing, compounding, or treatment of chemicals, including any facility where a chemical that does not meet the requirements in paragraph 62-555.320(3)(a), F.A.C., is used as an additive to the water

RP

Dairy, creamery, ice cream plant, cold-storage plant, or ice manufacturing plant

RP3

Dye plant

RP

Film laboratory or processing facility or film manufacturing plant, excluding any small, noncommercial darkroom facility

RP

Hospital; medical research center; sanitarium; autopsy facility; medical, dental, or veterinary clinic where surgery is performed; or plasma center

RP

Laboratory, excluding any laboratory at an elementary, middle, or high school

RP

Laundry (commercial), excluding any self-service laundry or Laundromat

RP

Marine repair facility, marine cargo handling facility, or boat moorage

RP

Metal manufacturing, cleaning, processing, or fabricating facility using water in any of its operations or processes, including any aircraft or automotive manufacturing plant

DC if the facility presents a low hazard2; or RP if the facility presents a high hazard2

Mortuary

RP

Premises where oil or gas is produced, developed, processed, blended, stored, refined, or transmitted in a pipeline or where oil or gas tanks are repaired or tested, excluding any premises where there is only a fuel dispensing facility

RP

Premises where there is an auxiliary or reclaimed water system4,5

A. At or for a residential service connection6: DuC7

B. At or for a non-residential service connection6: DC if the auxiliary or reclaimed water is a low hazard8,9; or RP if the auxiliary or reclaimed water is a high hazard8,9

Premises where there is a cooling tower

RP

Premises where there is an irrigation system that is using potable water and that:

I. Is connected directly to the CWS’s distribution system via a dedicated irrigation service connection

I. At or for a residential or non-residential dedicated irrigation service connection6: PVB if backpressure cannot develop in the downstream piping10; or RP if backpressure could develop in the downstream piping10

II. Is connected internally to the customer’s plumbing system

II. None11

Premises where there is a wet-pipe sprinkler, or wet standpipe, fire protection system that is using potable water and that:

I. Is connected directly to the CWS’s distribution system via a dedicated fire service connection12

I.A. At or for a residential dedicated fire service connection6: DuC if the fire protection system contains no chemical additives and is not connected to an auxiliary water system4; or RP or RPDA if the fire protection system contains chemical additives or is connected to an auxiliary water system4,13

II. Is connected internally to the customer’s plumbing system

I.B. At or for a non-residential dedicated fire service connection6: DC or DCDA if the fire protection system contains no chemical additives and is not connected to an auxiliary water system4; or RP or RPDA if the fire protection system contains chemical additives or is connected to an auxiliary water system4,13

II. None11

Radioactive material processing or handling facility or nuclear reactor

RP

Paper products plant using a wet process

RP

Plating facility, including any aircraft or automotive manufacturing plant

RP

Restricted-access facility

RP

Steam boiler plant

RP

Tall building ‒ i.e., a building with five or more floors at or above ground level

DC if the customer has no potable water distribution lines connected to the suction side of a booster pump; or RP if the customer has one or more potable water distribution lines connected to the suction side of a booster pump

Wastewater treatment plant or wastewater pumping station

RP

Customer supplied with potable water via a temporary or permanent service connection from a CWS fire hydrant

Varies14

1 Means of backflow protection, listed in an increasing level of protection, include the following: a dual check device (DuC); a double check valve assembly (DC) or double check detector assembly (DCDA); a pressure vacuum breaker assembly (PVB); a reduced-pressure principle assembly (RP) or reduced-pressure principle detector assembly (RPDA); and an air gap. A PVB may not be used if backpressure could develop in the downstream piping.

2 The CWS shall determine the degree of hazard. “Low hazard” or “non-health hazard” and “high hazard” or “health hazard” are defined in AWWA Manual M14 as incorporated in paragraph 62-555.360(1)(a), and subsection 62-555.360(2), F.A.C.

3 A DC may be provided if it was installed before 5-5-14; and if such a DC is replaced on or after 5-5-14, it may be replaced with another DC.

4 For the purpose of this table, “auxiliary water system” means a pressurized system of piping and appurtenances using auxiliary water, which is water other than the potable water being supplied by the CWS and which includes water from any natural source such as a well, pond, lake, spring, stream, river, etc., includes reclaimed water, and includes other used water or industrial fluids described in AWWA Manual M14 as incorporated in paragraph 62-555.360(1)(a), and subsection 62-555.360(2), F.A.C.; however, “auxiliary water system” specifically excludes any water recirculation or treatment system for a swimming pool, hot tub, or spa. (Note that reclaimed water is a specific type of auxiliary water and a reclaimed water system is a specific type of auxiliary water system.)

5 The Department shall allow an exception to the requirement for backflow protection at or for a residential or non-residential service connection from a CWS to premises where there is an auxiliary or reclaimed water system if all of the following conditions are met:

The CWS is distributing water only to land owned by the owner of the CWS.

The owner of the CWS is also the owner of the entire auxiliary or reclaimed water system up to the points of auxiliary or reclaimed water use.

The CWS conducts at least biennial inspections of the CWS and the entire auxiliary or reclaimed water system to detect and eliminate any cross-connections between the two systems.

6 For the purpose of this table, “residential service connection” means any service connection, including any dedicated irrigation or fire service connection, that is two inches or less in diameter and that supplies water to a building, or premises, containing only dwelling units; and “non-residential service connection” means any other service connection.

7 A DuC may be provided only if there is no known cross-connection between the plumbing system and the auxiliary or reclaimed water system on the customer’s premises. Upon discovery of any cross-connection between the plumbing system and any reclaimed water system on the customer’s premises, the CWS shall ensure that the cross-connection is eliminated. Upon discovery of any cross-connection between the plumbing system and any auxiliary water system other than a reclaimed water system on the customer’s premises, the CWS shall ensure that the cross-connection is eliminated or shall ensure that the backflow protection provided at or for the service connection is equal to that required at or for a non-residential service connection.

8 Reclaimed water regulated under Part III of Chapter 62-610, F.A.C., is a low hazard unless it is stored with surface water in a pond that is part of a stormwater management system, in which case it is a high hazard; well water is a low hazard unless determined otherwise by the CWS; industrial fluids and used water other than reclaimed water are high hazards unless determined otherwise by the CWS; reclaimed water not regulated under Part III of Chapter 62-610, F.A.C., and surface water are high hazards.

9 Upon discovery of any cross-connection between the plumbing system and any reclaimed water system on the customer’s premises, the CWS shall ensure that the cross-connection is eliminated.

10 A DC may be provided if both of the following conditions are met:

The dedicated irrigation service connection initially was constructed before 5-5-14.

No chemicals are fed into the irrigation system.

11 The CWS may rely on the internal backflow protection required under the Florida Building Code or the predecessor State plumbing code. The CWS may, but is not required to, ensure that such internal backflow protection is inspected/tested and maintained the same as backflow protection provided at or for service connections from the CWS.

12 The Department shall allow an exception to the requirement for backflow protection at or for a residential or non-residential dedicated fire service connection from a CWS to a wet-pipe sprinkler, or wet standpipe, fire protection system if both of the following conditions are met:

The fire protection system was installed and last altered before 5-5-14.

The fire protection system contains no chemical additives and is not connected to an auxiliary water system as defined in Footnote 4.

13 Upon discovery of any cross-connection between the fire protection system and any reclaimed water system on the customer’s premises, the CWS shall ensure that the cross-connection is eliminated.

14 The CWS shall ensure that backflow protection commensurate with the degree of hazard is provided at or for the service connection from its fire hydrant.

History

• Rulemaking Authority 403.086(8), 403.853(3), 403.861(9) FS. Law Implemented 403.086(8), 403.852(12), 403.853(1), 403.855(3), 403.861(17) FS. History–New 11-19-87, Formerly 17-22.660, Amended 1-18-89, 1-3-91, 1-1-93, Formerly 17-555.360, Amended 8-28-03, 5-5-14.

Fla. Admin. Code R. 62-555.365 Changes in Ownership of Public Water Systems

At least 30 days before the proposed sale, or legal transfer of ownership, of a public water system, the current owner of the system and the proposed owner of the system shall jointly notify the Department in writing of the proposed change in ownership of the system. The notification shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department and shall include the following information: the public water system name and identification number; the name of the current owner of the system; the name of the proposed owner of the system and the name, title, mailing address, telephone number, fax number, and e-mail address of a designated responsible official of the proposed owner; and the proposed date for the change in ownership of the system.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.861(14) FS. History–New 8-28-03.

Fla. Admin. Code R. 62-555.400 General

History

• Rulemaking Authority 403.814(1) FS. Law Implemented 403.814, 403.861 FS. History–New 1-18-89, Formerly 17-555.400, Repealed 12-10-96.

Fla. Admin. Code R. 62-555.401 General Permit for Construction of Lead or Copper Corrosion Control, or Iron or Manganese Sequestration, Treatment Facilities for Small or Medium Public Water Systems

(1) A general permit is hereby granted to any small or medium system, as defined in Rule 62-550.200, F.A.C., for the construction of lead or copper corrosion control treatment facilities, provided that the facilities are designed in accordance with part III of this chapter and provided that:

(a) Per subsections 62-4.530(1) and 62-555.520(2), F.A.C., the system notifies the Department at least 30 days before beginning construction using Form 62-555.900(18), Notice of Intent to Use the General Permit for Construction of Lead or Copper Corrosion Control, or Iron or Manganese Sequestration, Treatment Facilities for Small or Medium PWSs, as incorporated into subsection 62-555.520(2), F.A.C. The completed notice form shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department and shall be accompanied by the permit processing fee described in subsection 62-555.520(6), and listed in paragraph 62-4.050(4)(p), F.A.C.

(b) The selected lead or copper corrosion control treatment is consistent with the guidance and recommendations in the Lead and Copper Guidance Manual, Volume II: Corrosion Control Treatment as adopted in Rule 62-555.335, F.A.C.

(2) A general permit is hereby granted to any small or medium system, as defined in Rule 62-550.200, F.A.C., for the construction of iron or manganese sequestration treatment facilities, provided that the facilities are designed in accordance with Part III of this chapter and provided that, per subsections 62-4.530(1) and 62-555.520(2), F.A.C., the system notifies the Department at least 30 days before beginning construction using Form 62-555.900(18), Notice of Intent to Use the General Permit for Construction of Lead or Copper Corrosion Control, or Iron or Manganese Sequestration, Treatment Facilities for Small or Medium PWSs, as incorporated into subsection 62-555.520(2), F.A.C. The completed notice form shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department and shall be accompanied by the permit processing fee described in subsection 62-555.520(6), and listed in paragraph 62-4.050(4)(p), F.A.C.

(3) This general permit is subject to the general conditions in Rule 62-4.540, F.A.C., and the following specific conditions:

(a) If the treatment facilities being constructed under this general permit were designed under the responsible charge of a professional engineer, the permittee shall retain a Florida-licensed professional engineer in accordance with subsection 62-555.530(3), F.A.C., to take responsible charge of inspecting construction of the facilities for the purpose of determining in general if the construction proceeds in compliance with this general permit, including the approved preliminary design report for the facilities.

(b) In accordance with subsection 62-555.530(4), F.A.C., the permittee shall have complete record drawings produced for the treatment facilities being constructed under this general permit.

(c) To fulfill the requirements under subsection 62-555.350(13), F.A.C., the permittee shall provide an operation and maintenance manual for the treatment facilities constructed under this general permit.

(d) Per Rule 62-555.345, F.A.C., the permittee shall submit a certification of construction completion to the Department and obtain approval, or clearance, from the Department before placing any treatment facilities constructed under this general permit into operation for any purpose other than disinfection, testing for leaks, or testing equipment operation. This specific condition does not prohibit the permittee from cutting into existing water mains and returning the water mains to operation in accordance with subsection 62-555.340(5), F.A.C., without the Department’s approval.

History

• Rulemaking Authority 403.814(1), 403.861(9) FS. Law Implemented 403.0877, 403.814(1), (4), 403.861(7), (10) FS. History–New 12-10-96, Amended 8-28-03.

Fla. Admin. Code R. 62-555.405 General Permit for Construction of Water Main Extensions for Public Water Systems

(1) A general permit is hereby granted to any person for the construction of an extension to public water system mains conveying finished drinking water, provided that the extension is designed in accordance with part III of this chapter and provided that:

(a) Per subsections 62-4.530(1) and 62-555.520(2), F.A.C., the person notifies the Department at least 30 days before beginning construction using Form 62-555.900(7), Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs, as incorporated into subsection 62-555.520(2), F.A.C. The completed notice form shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department and shall be accompanied by the permit processing fee described in subsection 62-555.520(6), and listed in paragraph 62-4.050(4)(p), F.A.C.

(b) The public water system to which the water main extension will be connected has the capacity necessary to meet the design water demands of all customers to be served by the water main extension, and said public water system is in compliance with applicable planning requirements under Rule 62-555.348, F.A.C.; applicable cross-connection control requirements under Rule 62-555.360, and all other applicable rules in Chapters 62-550, 62-555, and 62-699, F.A.C.

(c) Construction of the water main extension will not include construction of any drinking water treatment, pumping, or storage facilities or any conflict manholes.

(d) The water main extension will not be installed in areas contaminated by low-molecular-weight petroleum products or organic solvents.

(e) The water main extension will not interconnect previously separate public water systems or create a “new system” as described under subsection 62-555.525(1), F.A.C.

(f) No portion of the water main extension will remain dry following completion of construction.

(2) This general permit is subject to the general conditions in Rule 62-4.540, F.A.C., and the following specific conditions:

(a) If the water main extension being constructed under this general permit was designed under the responsible charge of a professional engineer, the permittee shall retain a Florida-licensed professional engineer in accordance with subsection 62-555.530(3), F.A.C., to take responsible charge of inspecting construction of the water main extension for the purpose of determining in general if the construction proceeds in compliance with this general permit, including the approved preliminary design report for the water main extension.

(b) In accordance with subsection 62-555.530(4), F.A.C., the permittee shall have complete record drawings produced for the water main extension being constructed under this general permit.

(c) Per Rule 62-555.345, F.A.C., the permittee shall submit a certification of construction completion to the Department and obtain approval, or clearance, from the Department before placing any water main extension constructed under this general permit into operation for any purpose other than disinfection or testing for leaks. This specific condition does not prohibit the permittee from cutting into existing water mains and returning the water mains to operation in accordance with subsection 62-555.340(5), F.A.C., without the Department’s approval.

History

• Rulemaking Authority 403.814(1), 403.861(9) FS. Law Implemented 403.0877, 403.814(1), (4), 403.861(7), (9), (10) FS. History–New 7-8-82, Formerly 17-4.63, 17-4.630, 17-22.801, Amended 1-18-89, 1-1-93, Formerly 17-555.540, Amended 12-19-94, 12-10-96, 8-28-03.

Fla. Admin. Code R. 62-555.410 General Conditions for All General Drinking Water Permits

History

• Rulemaking Authority 403.814(1) FS. Law Implemented 403.814 FS. History–New 1-18-89, Formerly 17-555.410, Amended 12-19-94, Repealed 12-10-96.

Fla. Admin. Code R. 62-555.500 General

History

• Rulemaking Authority 403.861(2), (6), (9) FS. Law Implemented 403.861(2), (6), (7), (10) FS. History–New 11-19-87, Formerly 17-22.710, Amended 1-18-89, Formerly 17-555.500, Amended 8-28-03, Repealed 11-26-15.

Fla. Admin. Code R. 62-555.510 Public Water Supply Well Construction Permit

History

• Rulemaking Authority 403.016(3), 373.046, 373.309(2), 403.861(2), (6), (9) FS. Law Implemented 367.031, 373.016(3), 373.046, 373.309(2), 373.313, 403.852(12), 403.853(1), (3), 403.861(2), (6), (9), (10) FS. History–New 11-19-87, Formerly 17-22.715, Amended 1-18-89, Formerly 17-555.510, Repealed 8-28-03.

Fla. Admin. Code R. 62-555.520 Applying for Public Water System Construction Permits

(1) Except as noted in paragraphs (a) through (d) below, a construction permit is required for construction or alteration of any public water system component.

(a) No construction permit is required for use of point-of-entry (POE) or point-of-use (POU) treatment devices in lieu of centralized treatment to comply with a maximum contaminant level as allowed under subsection 62-550.340(2), F.A.C. However, suppliers of water shall submit a written request to, and obtain written approval from, the Department in accordance with subsection 62-550.340(2), F.A.C., before installing such POE or POU treatment devices. Additionally, suppliers of water are responsible for ensuring that such POE or POU treatment devices comply with the requirements in subsection 62-550.340(2), F.A.C.

(b) No construction permit is required for the types work or alterations listed in subparagraphs 1. through 5., below. However, suppliers of water shall obtain written approval from the Department before beginning such work or alterations. Each request for approval shall be submitted in writing to the appropriate Department of Environmental Protection District Office or Approved County Health Department and shall include the following: a description of the scope, purpose, and location of the work or alterations; and assurance that the work or alterations will comply with applicable requirements in part III of this chapter, including applicable requirements in the engineering references listed in Rule 62-555.330, F.A.C. Additionally, each request for approval to discontinue use of existing drinking water treatment facilities, each request for approval to change drinking water treatment chemicals, and each request for approval to add tracer chemicals shall include assurance of continuing compliance with applicable primary or secondary drinking water standards; and each request for approval to conduct demonstration testing of existing drinking water treatment facilities that will discharge directly to downstream treatment, storage, or distribution facilities and each request for approval to construct or install a temporary pilot plant that will discharge to a public water system shall include the following: technical and reliability information, third-party technology verifications or historical study data, and jar test results to provide assurance of continuing compliance with applicable primary or secondary drinking water standards during times of demonstration testing or pilot plant operation; a plan to monitor at least daily for applicable process control parameters and acute contaminants and at least weekly for applicable chronic contaminants during times of demonstration testing or pilot plant operation; a plan for start-up, normal operation, and emergency shutdown of the demonstration testing or pilot plant and for emergency flushing of storage and distribution facilities; and a plan to properly train operators and to staff the affected drinking water treatment plant with a licensed operator during all times of demonstration testing or pilot plant operation. Within 30 days after the Department receives a request for approval, the Department shall issue written approval of the work or alterations described in the request, shall issue written comments asking for resubmittal of the request with all information and assurances required under this paragraph, or shall issue a written determination that a construction permit is required because the work/alterations described in the request is/are not of a type listed under this paragraph. The Department shall approve work or alterations described in a request for approval if the work/alterations is/are of a type listed under this paragraph and if the request includes all information and assurances required under this paragraph.

1. Discontinuing use of any existing drinking water treatment, pumping, or storage facilities.

2. Changing any type of drinking water treatment chemicals other than temporarily converting from chloramines to free chlorine (to protect public health during emergency operating conditions or to eliminate excess ammonia, oxidize nitrite and nitrifying bacteria, and control biofilm in a water distribution system), provided the change in chemicals will be made without construction or alteration of any chemical application facilities or other drinking water treatment facilities.

3. Temporarily adding any chemical to raw, partially treated, or finished drinking water for the purpose of conducting a tracer study.

4. Demonstration testing of any existing drinking water treatment facilities if the water from the facilities being tested will be discharged directly to downstream treatment, storage, or distribution facilities (instead of being discharged to waste or to upstream treatment facilities for full treatment at no greater than the maximum permitted rate).

5. Construction or installation of any pilot plant that will discharge water to a public water system (instead of discharging water to waste), provided the plant will discharge to the water system for no more than three months.

(c) No construction permit is required for the types of work or alterations listed in subparagraphs 1. through 5., below. However, suppliers of water shall submit written notification to the Department before beginning such work or alterations. Each notification shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department and shall include the following: a description of the scope, purpose, and location of the work or alterations; and assurance that the work or alterations will comply with applicable requirements in part III of this chapter, including applicable requirements in the engineering references listed in Rule 62-555.330, F.A.C. Suppliers of water may begin such work or alterations 14 days after providing notification to the Department unless they are advised by the Department that the notification is incomplete or that a construction permit is required because the work/alterations is/are not of a type listed under this paragraph.

1. Replacement of any existing drinking water pumping, storage, or treatment facilities, including chemical application facilities and residuals handling facilities, with new facilities of the same design and capacity, and at the same general location, as the existing facilities.

2. Replacement of any existing water main with a new main at the same location as the existing main, provided the new main will be either the same size as the existing main, no more than two sizes larger than the existing main, or no larger than the minimum size required or recommended in Recommended Standards for Water Works as incorporated into Rule 62-555.330, F.A.C.

3. Relocation of any existing water main to accommodate other utilities, provided the length of main being moved at each location will be no more than 100 linear feet.

4. Alteration, excluding maintenance or repair, of any structures that are not used to treat, store, or handle drinking water, drinking water treatment chemicals, or drinking water treatment residuals but that are used to house drinking water pumping or treatment facilities, including chemical application facilities and residuals handling facilities.

5. Installation or alteration, excluding maintenance or repair, of any alarm equipment required under part III of this chapter.

(d) No construction permit is required for the types of work or alterations listed in subparagraphs 1. through 13., below. However, suppliers of water are responsible for ensuring that such work/alterations complies/comply with applicable requirements in Part III of this chapter, including applicable requirements in the engineering references listed in Rule 62-555.330, F.A.C. Additionally, suppliers of water are responsible for notifying others about emergency or abnormal operating conditions, planned conversions from free chlorine to chloramines or vice versa, and planned maintenance or repair work as required under subsection 62-555.350(10), F.A.C.

1. Discontinuing use of any existing water main.

2. Temporarily converting from chloramines to free chlorine to protect public health during emergency operating conditions or to eliminate excess ammonia, oxidize nitrite and nitrifying bacteria, and control biofilm in a water distribution system.

3. Demonstration testing of any existing drinking water treatment facilities if the water from the facilities being tested will be discharged to waste or to upstream treatment facilities for full treatment at no greater than the maximum permitted rate (instead of being discharged directly to downstream treatment, storage, or distribution facilities).

4. Construction or installation of any pilot plant that will discharge water to waste (instead of discharging water to a public water system).

5. Any maintenance or repair work.

6. Construction or alteration of any roads, landscaping, or fencing.

7. Construction or alteration of any structures that are not used to treat, store, or handle drinking water, drinking water treatment chemicals, or drinking water treatment residuals and that are not used to house drinking water pumping or treatment facilities, including chemical application facilities and residuals handling facilities.

8. Installation or alteration of any well vent.

9. Any electrical work that does not affect compliance with Part III of this chapter, including installation or alteration of auxiliary power sources for water systems not subject to the standby power requirements in Part III of this chapter.

10. Any instrumentation work that does not affect compliance with Part III of this chapter, including installation or alteration of chlorination or hypochlorination alarm equipment where such equipment is not required under part III of this chapter and including installation or alteration of power failure alarm equipment for water systems not subject to the standby power requirements in Part III of this chapter.

11. Installation or alteration of any valve, flow meter, or backflow preventer.

12. Installation or alteration of any fire hydrant or hydrant lead.

13. Installation or alteration of any water service line to a single building, including any water service line dedicated exclusively to a fire protection or irrigation system serving a single building or its premises.

(2) Before commencing work or alterations for which a construction permit is required per subsection (1), above, the supplier of water or person who will perform such work or alterations shall submit a construction permit application to the Department using Form 62-555.900(1), Application for a Specific Permit to Construct PWS Components, effective August 28, 2003; or for a water main extension to be constructed under the general permit provision of Rule 62-555.405, F.A.C., shall notify the Department using Form 62-555.900(7), Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs, effective August 28, 2003; or for lead or copper corrosion control, or iron or manganese sequestration, treatment facilities to be constructed under the general permit provision of Rule 62-555.401, F.A.C., shall notify the Department using Form 62-555.900(18), Notice of Intent to Use the General Permit for Construction of Lead or Copper Corrosion Control, or Iron or Manganese Sequestration, Treatment Facilities for Small or Medium PWSs, effective August 28, 2003. The above Forms 62-555.900(1), 62-555.900(7), and 62-555.900(18) are hereby adopted and incorporated by reference into this subsection. Copies of these forms are available from the Department of Environmental Protection, Drinking Water Section, M.S. #3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. One copy of the appropriate application or notice form shall be executed in full and submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department. A separate application or notice shall be submitted for each non-contiguous project; non-contiguous projects are projects that are neither interconnected nor located nearby one another (i.e., on the same site, on adjacent streets, or in the same neighborhood). Suppliers of water or persons applying for a permit to construct public water system components that will create a “new system” as described in subsection 62-555.525(1), F.A.C., shall also complete and submit, with their permit application, Form 62-555.900(20), New Water System Capacity Development Financial and Managerial Operations Plan, as incorporated into Rule 62-555.357, F.A.C. No supplier of water or person shall begin work for which a construction permit is required until obtaining a specific permit from the Department or until the Department determines that the work qualifies for use of a general permit.

(3) Per Section 471.003, F.S., projects involving construction or alteration of public water system components shall be designed under the responsible charge of one or more professional engineers licensed in Florida except as noted in paragraphs (a) and (b), below. The professional engineer(s) in responsible charge of designing a project shall certify on the construction permit application or notice that the design of the project provides assurance of compliance with Chapter 62-550, F.A.C., if applicable, and complies with this chapter.

(a) Any person acting as a public officer employed by any state, county, municipal, or other governmental unit of Florida may design any project that has a total estimated cost of $10,000.00 or less.

(b) Any plumbing contractor licensed in Florida may design any project that he or she will install if the project has a value of $50,000.00 or less and involves a plumbing system, which includes any public water system serving a single property, with fewer than 250 fixture units.

(4) Each “Application for a Specific Permit to Construct PWS Components” shall be accompanied by one copy of either a preliminary design report as described in paragraph (a), below, or drawings, specifications, and design data as described in paragraph (b), below. (When completed, Part II of the “Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs” or Part II of the “Notice of Intent to Use the General Permit for Construction of Lead or Copper Corrosion Control, or Iron or Manganese Sequestration, Treatment Facilities for Small or Medium PWSs” serves as a preliminary design report, and thus, it is unnecessary to submit a separate preliminary design report or drawings, specifications, and design data with a notice of intent to use a general permit.) Additional information may be required by the Department to clarify any construction permit application or notice; to clarify any preliminary design report or drawings, specifications, and design data; or to demonstrate that new or altered public water system components will comply with requirements in this chapter and provide drinking water meeting all applicable standards in Chapter 62-550, F.A.C.

(a) Preliminary Design Reports. Preliminary design reports prepared under the responsible charge of one or more Florida-licensed professional engineers in accordance with subsection (3), above, shall be signed, sealed, and dated by the professional engineer(s) in responsible charge. Preliminary design reports shall contain the following information where pertinent:

1. A brief description of the project and its purpose and an estimate of the cost to construct the project.

2. If the project will connect to, or become part of, an existing public water system, a description of the existing water system and discussion of the impact that the project will have on the existing water system. The description of the existing water system shall include the information in sub-subparagraphs a. through c., below, if the project involves new or altered drinking water source facilities, drinking water treatment facilities, or finished-drinking-water pumping or storage facilities.

a. The name/location of existing water sources and the number and capacity of existing wells and raw surface water pumps.

b. The name/location of existing water treatment plants, the existing design capacity of each plant’s source water facilities and each plant’s treatment facilities and the permitted operating capacity of each plant, the existing type of treatment provided at each plant, and the number and capacity of existing finished-water pumps.

c. The name/location, type, and useful capacity of existing finished-water storage tanks.

3. The water service area, water use, and water service pressure information in sub-subparagraphs a. through d., below, for the water system’s service area or for the project’s service area if the project involves only new or altered water mains or new or altered, finished-drinking-water booster pumping facilities.

a. A description of the nature and extent of both the present and the design water service area, including both the present and the design number of water service connections; an appraisal of both present and design commercial, institutional, and industrial water needs and fire fighting requirements; and discussion of both existing and proposed interconnections with other public water systems, including regulated consecutive systems.

b. Discussion of historical water use trends in the present water service area.

c. Both the present and the design water demands-average daily demand; maximum-day demand (including fire-flow demand, i.e., fire-flow rate times fire-flow duration, if fire protection is being provided); peak-hour demand (and if fire protection is being provided, fire-flow rate plus a background water demand equivalent to maximum-day demand other than fire-flow demand); and for small water systems that use hydropneumatic tanks or that are not designed to provide fire protection, peak instantaneous demand.

d. Both the present and the design water service pressure range.

4. If the project involves new or altered drinking water source facilities, the information in sub-subparagraphs a. through d., below.

a. The name/location of new water sources and documentation that new water sources are the best available sources as required under subsection 62-555.310(1), F.A.C.

b. Documentation that new wells meet applicable construction requirements in Chapter 62-532, F.A.C.

c. Discussion of sanitary hazards located within 500 feet of new wells or located less than 500 feet upstream of new surface water intakes; and for each well being connected to a community water system, documentation of continuing protection of the well from sanitary hazards as required under subsection 62-555.312(4), F.A.C.

d. A description of new or altered surface water intake structures, impoundments, and reservoirs.

5. If the project involves new or altered source water or treatment facilities for a drinking water treatment plant, the information in sub-subparagraphs a. through d., below.

a. The design capacity of the plant’s source water facilities and the plant’s treatment facilities. Refer to subsection 62-555.320(6), F.A.C.

b. Water quality data assessing applicable microbiological, physical, chemical, and radiological characteristics of raw water from all new, altered, or existing water sources for the plant. For new or altered wells, the water quality data shall include the sulfide-related measurements required under subsection 62-555.315(5), F.A.C., if applicable, and the results of the bacteriological survey required under paragraph 62-555.315(6)(b), F.A.C.

c. Discussion of applicable primary or secondary drinking water standards, including treatment technique requirements, in Part III of Chapter 62-550, F.A.C.; applicable sulfide treatment requirements in subsection 62-555.315(5), F.A.C.; and applicable disinfection requirements in subsection 62-555.320(12), F.A.C.

d. An evaluation of the adequacy of new, altered, or existing treatment facilities to meet applicable standards and requirements given the quality of raw water from all new, altered, or existing water sources for the plant. If the sulfide treatment requirements in subsection 62-555.315(5), F.A.C., are applicable, the water quality and treatment evaluation shall include the affirmative demonstration required under paragraph 62-555.315(5)(b), F.A.C.

6. If the project involves new or altered drinking water treatment facilities, the information in sub-subparagraphs a. through l., below.

a. The design daily operating period for the treatment facilities.

b. A flow diagram showing all new, altered, or existing water treatment operations and processes (including residuals handling operations), chemical application points, water pumping facilities, bypass arrangements, and recycle flows.

c. A hydraulic profile establishing operating water elevations through new, altered, or existing water treatment facilities at design flow rates.

d. For new or altered disinfection facilities, the design level of Cryptosporidium, Giardia lamblia, or virus inactivation to be achieved, if applicable, and the design minimum CT or ultraviolet dose if chemical or ultraviolet disinfection will be used to achieve Cryptosporidium, Giardia lamblia, or virus inactivation. Refer to subsection 62-555.320(12), F.A.C.

e. The design dose of water treatment chemicals.

f. An evaluation of the types, quantities, and characteristics of residuals generated by existing, altered, or new water treatment facilities.

g. Sizes, capacities, retention times, loading rates, schematic diagrams, and other design parameters and details sufficient to demonstrate that new or altered water treatment facilities (including chemical application facilities and residuals handling facilities) and water pumping facilities will comply with applicable requirements in part III of this chapter, including applicable requirements in the engineering references listed in Rule 62-555.330, F.A.C. The schematic diagrams of water treatment facilities, including chemical application facilities, shall show proper air gaps between drains or overflows from such facilities and sanitary or storm sewers.

h. For innovative or alternative processes and equipment, the supporting information required under subsection 62-555.320(2), F.A.C.

i. Assurance of compliance with the odor control requirements referenced under subsection 62-555.320(9), F.A.C.

j. For new or altered storage tank systems subject to regulation under Chapter 62-761, F.A.C., assurance that the storage tank systems will meet applicable performance standards in Chapter 62-761, F.A.C.

k. Discussion of housing and safety or protective equipment for new or altered chemical application facilities.

l. For new or altered fluoridation facilities, discussion of how the analytical equipment required under paragraph 62-555.325(2)(f), F.A.C., will be provided.

7. If the project involves new or altered, raw-water or finished-drinking-water pumping facilities, including well pumping facilities, the number and capacity of pumps and the basis therefor, schematic diagrams, and other design parameters and details sufficient to demonstrate compliance with applicable requirements in Part III of this chapter, including applicable requirements in the engineering references listed in Rule 62-555.330, F.A.C.

8. If the project involves new or altered, finished-drinking-water storage facilities, the name/location and type of storage tanks, the useful capacity of storage tanks and the basis therefor, schematic diagrams, and other design parameters and details sufficient to demonstrate compliance with applicable requirements in Part III of this chapter, including applicable requirements in the engineering references listed in Rule 62-555.330, F.A.C.

9. If the project involves new or altered water mains, including treatment plant process piping, conveying either raw, partially treated, or finished drinking water, the information in sub-subparagraphs a. through g., below.

a. Hydraulic analyses or other justification for the size of new or altered water mains.

b. Discussion of color coding or marking of new or relocated water main pipe that will convey finished water. Refer to subparagraph 62-555.320(21)(b)3., F.A.C.

c. Discussion of installation procedures for new or altered water mains, including bedding and cover for underground mains; thrust restraint at new or altered tees, bends, plugs, and hydrants; pressure and leakage testing of new or altered mains; support, anchorage, and protection for new or altered mains crossing above surface water; and special construction of flexible, restrained, or welded watertight joints for new or altered mains crossing under surface water.

d. Discussion of separation distances between new or relocated, underground water mains, including hydrant drains, and existing or proposed sanitary or storm sewers, wastewater force mains, reclaimed water pipelines, and on-site sewage treatment and disposal systems. The Department shall allow exceptions to the separation distances required under subsections 62-555.314(1) and (2), F.A.C., only if justification and alternative construction features are provided in accordance with subsection 62-555.314(5), F.A.C.

e. Justification for each conflict manhole, identification of the party responsible for maintaining each conflict manhole, and assurance of compliance with design and construction requirements relative to conflict manholes. Refer to paragraph 62-555.314(3)(b), F.A.C.

f. Discussion of how proper backflow protection will be provided at those new or altered service connections where backflow protection is required or recommended under Rule 62-555.360, F.A.C., or in Recommended Practice for Backflow Prevention and Cross-Connection Control, AWWA Manual M14, as incorporated into Rule 62-555.330, F.A.C.

g. Schematic diagrams and other design parameters and details sufficient to demonstrate that new or altered hydrants and hydrant leads; air relief valves; valve, meter, or blow-off chambers; and backflow preventer installations will comply with applicable requirements in part III of this chapter, including applicable requirements in the engineering references listed in Rule 62-555.330, F.A.C.

10. The project site information in sub-subparagraphs a. through f., below.

a. A site plan showing the approximate location of new or altered public water system wells; new or altered structures used to treat, store, or handle drinking water, drinking water treatment chemicals, or drinking water treatment residuals; structures housing new or altered drinking water pumping or treatment facilities, including chemical application facilities and residuals handling facilities; and new or altered water mains, including treatment plant process piping, conveying either raw, partially treated, or finished drinking water. The site plan shall indicate sizes of new or altered water mains and approximate locations of meters, valves, hydrants, blow-offs, and backflow preventers; approximate locations of new or altered interconnections between public water systems; approximate dimensions and elevations of structures; and both the 100-year and the 10- to 25-year flood elevation and wave-action elevation.

b. If applicable, discussion of how the permit applicant is avoiding locating a new public water system, or an expansion of an existing public water system, at any site subject to significant risk from contamination or significant risk from floods, fires, or other disasters. Refer to subsection 62-555.310(2), F.A.C.

c. Discussion of how community water system structures, and electrical or mechanical equipment, used to treat, pump, or store drinking water, apply drinking water treatment chemicals, or handle drinking water treatment residuals will be protected from physical damage by the 100-year flood and the 100-year wave action and will remain fully operational and accessible during the 25-year flood and the 25-year wave action. The Department shall allow use of less than the 25-year flood or wave action, but not less than the 10-year flood or wave action, only if justification is provided in accordance with subsection 62-555.320(4), F.A.C.

d. Discussion of approximate ground water elevations in relation to subsurface structures.

e. A description of security features for new or altered drinking water wells and new or altered drinking water treatment, pumping, or storage facilities.

f. A description of areas where new or altered water mains, including treatment plant process piping, conveying either raw, partially treated, or finished drinking water will be installed above or under surface water, in aggressive soil, or in areas contaminated by low-molecular-weight petroleum products or organic solvents.

11. A description of materials that will be used for new or altered public water system components and documentation that the materials and components will comply with the following standards, regulations, or requirements:

a. The American Water Works Association standards as incorporated into Rule 62-555.330, F.A.C., if applicable. The Department shall allow use of pipe and appurtenances that do not conform to these standards only if documentation is provided in accordance with paragraph 62-555.320(21)(c), F.A.C.

b. NSF International Standard 61 as adopted in Rule 62-555.335, F.A.C., or other standards, regulations, or requirements referenced under paragraph 62-555.320(3)(b), F.A.C., if applicable. The Department shall allow exceptions to conformance with these standards, regulations, or requirements only if documentation and assurance are provided in accordance with paragraph 62-555.320(3)(d), F.A.C.

c. The lead use prohibition in Rule 62-555.322, F.A.C., if applicable.

12. Discussion of color coding of new or altered, aboveground piping at drinking water treatment plants.

13. A description of electrical systems and provisions for standby power at new or altered drinking water treatment or pumping facilities. Refer to subsection 62-555.320(14), F.A.C.

14. A description of operation and control strategies and instrumentation and control systems, including monitoring or alarm systems, at new or altered drinking water treatment, pumping, or storage facilities. Refer to subparagraphs, subsection, sub-subparagraph, and paragraph 62-555.320(8)(a)3., 62-555.320(11), 62-555.320(13)(a)9., 62-555.320(13)(a)10.c., 62-555.320(13)(b)12., and 62-555.320(14)(f), F.A.C., for required alarm systems.

15. A description of provisions for metering and sampling finished drinking water at new or altered drinking water treatment plants. Refer to subsections 62-555.320(16) and (17), F.A.C.

16. A schematic diagram of the entire finished-water supply (i.e., plumbing) system at new or altered drinking water treatment plants and pumping stations. The diagram shall show proper air gaps or mechanical backflow preventers where appropriate.

17. Discussion of procedures for disinfecting, and conducting bacteriological surveys or evaluations of, new or altered public water system (PWS) wells; new or altered drinking water treatment or storage facilities; and new or altered water mains conveying either raw, partially treated, or finished drinking water, including treatment plant process piping, fire hydrant leads, and service lines that are under the control of the PWS and that have an inside diameter of three inches or greater. Refer to subsection 62-555.315(6), and Rule 62-555.340, F.A.C.

18. Discussion of procedures for keeping existing public water system components in operation, or for minimizing interruptions in the operation of the existing components, during construction of the project.

19. A description of drinking water additives and treatment chemicals that will be used or obtained under the construction project and documentation that the additives and chemicals will conform to NSF International Standard 60 as adopted in Rule 62-555.335, F.A.C., or other standards referenced under paragraph 62-555.320(3)(a), F.A.C.

(b) Drawings, Specifications, and Design Data. Drawings, specifications, and design data prepared under the responsible charge of one or more Florida-licensed professional engineers in accordance with subsection (3), above, shall be signed, sealed, and dated by the professional engineer(s) in responsible charge. Drawings and specifications shall be sufficiently complete and detailed to allow the Department to determine whether the design of a project provides assurance of compliance with Chapter 62-550, F.A.C., if applicable, and complies with this chapter. Drawings shall be at least 18 inches by 24 inches and not larger than 36 inches by 42 inches, but photographically reproduced drawings with a reduced size as small as 11 inches by 17 inches are acceptable if the original drawings are drawn to a scale that will permit all necessary information to be plainly seen on the reduced-size reproductions. Design data shall include pertinent information described in subparagraphs 62-555.520(4)(a)1. through 19., F.A.C., if such information is not provided on the drawings or in the specifications.

(5) Each application for a specific permit to construct a new public water system subject to the jurisdiction of the Florida Public Service Commission (FPSC) shall be accompanied by one copy of the FPSC certificate authorizing the permit applicant to provide water service.

(6) Each construction permit application or notice shall be accompanied by the proper processing fee made payable to the Department of Environmental Protection or the appropriate Approved County Health Department. Processing fees for specific permits are listed in paragraph 62-4.050(4)(n), F.A.C. In cases where these fees vary depending upon drinking water treatment plant capacity, the capacity to be used in determining the proper fee is the design maximum-day capacity of the entire new or altered plant after construction. Processing fees for general permits are listed in paragraph 62-4.050(4)(p), F.A.C.

(7) If required by the Department, permit applicants shall publish a notice of permit application and furnish proof of publication in accordance with subsections 62-110.106(5), (6) and (9), F.A.C.

History

• Rulemaking Authority 403.087(2), 403.814(1), 403.861(2), (6), (9) FS. Law Implemented 367.031, 403.087(6)(a), 403.0877, 403.815, 403.861(2), (6), (7), 403.8615, 471.003 FS. History–New 11-19-87, Formerly 17-22.720, Amended 1-18-89, Formerly 17-555.520, Amended 12-10-96, 9-22-99, 8-28-03.

Fla. Admin. Code R. 62-555.525 Capacity Development Provisions of Public Water System Permitting

(1) This section applies to the following types of systems only. These are defined as “new systems” for the purposes of capacity development and referred to as “new systems” in this section.

(a) Entirely new community or non-transient non-community water systems constructed, or commencing operations, on or after October 1, 1999.

(b) Water systems that previously did not meet the definition of a community water system (CWS) or the definition of a non-transient non-community water system (NTNCWS) but that grow to become a CWS or NTNCWS through an infrastructure expansion constructed, or placed into operation, on or after October 1, 1999. Water systems that previously did not meet the definition of a CWS or the definition of an NTNCWS but that grow to become a CWS or NTNCWS by adding users without expanding their infrastructure are not considered “new systems” for the purposes of capacity development.

(2) Construction permit applications for infrastructure creating a “new system” as described in subsection (1), above, shall include a demonstration that the “new system” will have financial, managerial, and technical capacity to function in compliance with Chapters 62-550, 62-555, 62-560, and 62-699, F.A.C. Construction permit applicants who fail to demonstrate that a “new system” will have financial, managerial, and technical capacity to function in compliance with Chapters 62-550, 62-555, 62-560, and 62-699, F.A.C., shall not receive a construction permit.

(3) Demonstrations of financial, managerial, and technical capacity for “new systems” shall contain the following:

(a) Documentation that the owner of the “new system” holds, or will hold, an operator license sufficient to fulfill the staffing requirements in Chapter 62-699, F.A.C., or that the “new system” employs, or will employ, licensed operators to fulfill the staffing requirements in Chapter 62-699, F.A.C.

(b) A demonstration that the “new system” has, or will have, the capability to conduct the monitoring and reporting required under Chapter 62-550, F.A.C., and the capability to maintain the records required under Chapter 62-550, F.A.C.

(c) A demonstration that the “new system” has, or will have, the capability to meet the operation and maintenance requirements in this chapter.

(d) A demonstration of financial and managerial capacity as described in subparagraph 1. or 2., below.

1. “New systems” that will not be regulated by the Florida Public Service Commission shall demonstrate financial and managerial capacity using Form 62-555.900(20), New Water System Capacity Development Financial and Managerial Operations Plan, as incorporated into Rule 62-555.357, F.A.C. The completed Form 62-555.900(20) shall be sent to the appropriate Department of Environmental Protection District Office or Approved County Health Department.

2. “New systems” that will be regulated by the Florida Public Service Commission shall demonstrate financial and managerial capacity using Form 62-555.900(20), New Water System Capacity Development Financial and Managerial Operations Plan, as incorporated into Rule 62-555.357, F.A.C., except that such systems need not complete parts II and III of the form (financial capacity). “New systems” in counties under the jurisdiction of the Florida Public Service Commission but not subject to its regulations are not exempt from completing Parts II and III of the form. The completed Form 62-555.900(20) shall be sent to the appropriate Department of Environmental Protection District Office or Approved County Health Department.

History

• Rulemaking Authority 403.861(9), 403.8615 FS. Law Implemented 403.8615 FS. History–New 9-22-99, Amended 8-28-03.

Fla. Admin. Code R. 62-555.527 Capacity Assessment for Transfer Systems

History

• Rulemaking Authority 403.861(9), 403.8615 FS. Law Implemented 403.8615 FS. History–New 9-22-99, Repealed 8-28-03.

Fla. Admin. Code R. 62-555.528 Applying for Reratings of Public Water System Treatment Plants

This section addresses procedures for obtaining a rerating (i.e., increase) of the permitted operating capacity of a drinking water treatment plant when no construction is necessary for the rerating.

(1) A construction permit is required to document any rerating of the permitted operating capacity of any water treatment plant.

(2) Suppliers of water seeking to have the permitted operating capacity of a water treatment plant rerated shall submit to the appropriate Department of Environmental Protection District Office or Approved County Health Department a construction permit application using Form 62-555.900(1), Application for a Specific Permit to Construct PWS Components, as incorporated into subsection 62-555.520(2), F.A.C.

(3) Each construction permit application shall be accompanied by one copy of a rerating report as described in this subsection. Additional information may be required by the Department to clarify any construction permit application; to clarify any rerating report; or to demonstrate that any rerated water treatment plant will provide drinking water meeting all applicable standards in Chapter 62-550, F.A.C. The rerating report shall be prepared under the responsible charge of one or more professional engineers licensed in Florida and shall be signed, sealed, and dated by the professional engineer(s) in responsible charge, and the rerating report shall contain the following information:

(a) A brief description of the water treatment plant for which a rerating of the permitted operating capacity is being sought. The description of the plant shall include the information in subparagraphs 1. and 2., below.

1. The name/location of water sources for the plant and the number and capacity of wells and raw surface water pumps supplying water to the plant.

2. The name/location of the plant, the existing permitted operating capacity of the plant, the type of treatment provided at the plant, and the number and capacity of finished-water pumps.

(b) The proposed new design capacity of the water treatment plant’s source water facilities and the plant's treatment facilities. Refer to subsection 62-555.320(6), F.A.C.

(c) The daily operating period for the water treatment plant’s source water and treatment facilities.

(d) Water quality data assessing applicable microbiological, physical, chemical, and radiological characteristics of raw water from all water sources for the plant.

(e) Discussion of applicable primary or secondary drinking water standards, including treatment technique requirements, in Part III of Chapter 62-550, F.A.C.; applicable sulfide treatment requirements in subsection 62-555.315(5), F.A.C.; and applicable disinfection requirements in subsection 62-555.320(12), F.A.C.

(f) A flow diagram showing all water treatment operations and processes (including residuals handling operations), chemical application points, water pumping facilities, bypass arrangements, and recycle flows at the water treatment plant.

(g) An evaluation of the hydraulic capacity of the water treatment plant, including all water pumping facilities, showing that the plant will be hydraulically capable of operating at the proposed new design capacity. The evaluation shall include a hydraulic profile establishing operating water elevations through the plant.

(h) An evaluation of the quantities and characteristics of residuals generated when the water treatment facilities are operating at the proposed new design capacity.

(i) An evaluation of all water treatment facilities (including chemical application facilities and residuals handling facilities), water pumping facilities, and ancillary equipment at the drinking water treatment plant showing one of the following:

1. The facilities and equipment will meet pertinent design requirements in Part III of this chapter, including pertinent design requirements in the engineering references listed in Rule 62-555.330, F.A.C., when operating at the proposed new design capacity and, given the quality of raw water from all water sources for the plant, the facilities and equipment will meet applicable primary or secondary drinking water standards, sulfide treatment requirements, and disinfection requirements when operating at the proposed new design capacity, or

2. Based upon data from at least one full-scale or pilot-plant installation treating water of comparable quality during comparable seasonal fluctuations or based upon data from demonstration testing of the facilities and equipment, the facilities and equipment will meet applicable primary or secondary drinking water standards, sulfide treatment requirements, and disinfection requirements under all anticipated water quality conditions when operating at the proposed new design capacity.

(j) Assurance of compliance with the odor control requirements referenced under subsection 62-555.320(9), F.A.C., when the water treatment plant is operating at the proposed new design capacity.

(4) Each construction permit application shall be accompanied by the proper processing fee made payable to the Department of Environmental Protection or the appropriate Approved County Health Department. The proper processing fee for any rerating of the permitted operating capacity of a drinking water treatment plant shall be determined using the fee schedule in subparagraph 62-4.050(4)(n)1., 2., or 3., F.A.C., as applicable, and using the proposed new design maximum-day capacity of the plant.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.0877, 403.815, 403.861(2), (6), (7) FS. History–New 8-28-03.

Fla. Admin. Code R. 62-555.530 Processing Applications or Notices for, and Issuing or Denying, Public Water System Construction Permits

(1) Specific Construction Permits.

(a) The Department shall process each application for a specific permit in accordance with Rule 62-4.055, F.A.C.

(b) The Department shall review each specific permit application, including the preliminary design report or drawings, specifications, and design data accompanying the application, for the following:

1. Assurance of compliance with applicable primary or secondary drinking water standards, including treatment technique requirements, in Part III of Chapter 62-550, F.A.C. The construction permit applicant shall have the raw water from each new or altered drinking water source sampled and analyzed for applicable contaminants in accordance with Rule 62-550.550, F.A.C.

2. Assurance of compliance with subsection 62-524.650(2), F.A.C., if applicable. The construction permit applicant shall have the raw water from each new or altered drinking water source in a delineated area sampled and analyzed in accordance with Rule 62-524.600, F.A.C.

3. Compliance with applicable design and construction requirements in Part III of this chapter. The construction permit applicant shall have the raw water from new or altered public water system wells sampled and analyzed in accordance with subsection 62-555.315(5), if applicable, and paragraph 62-555.315(6)(b), F.A.C.

4. Compliance with applicable permitting requirements, including capacity development requirements, in part V of this chapter.

(c) If the Department determines that a construction permit applicant has complied, or provided assurance of compliance, with applicable rules, the Department shall give the applicant a notice of permit issuance or a notice of intent to issue a permit in accordance with subsection 62-110.106(7), F.A.C. If the Department determines that a construction permit applicant has not complied, or provided assurance of compliance, with applicable rules, the Department shall give the applicant a notice of permit denial in accordance with subsection 62-110.106(7), F.A.C. All notices of permit denial shall contain the reasons for the denial.

(d) Under the circumstances described in paragraph 62-110.106(7)(a), F.A.C., the Department shall require the construction permit applicant to publish a notice of the Department’s proposed action on an application for a specific permit and furnish proof of publication in accordance with subsections 62-110.106(5) and (9), F.A.C.

(2) General Construction Permits.

(a) The Department shall review each general permit notice for the following:

1. Assurance of compliance with applicable primary or secondary drinking water standards, including treatment technique requirements, in Part III of Chapter 62-550, F.A.C.

2. Compliance with applicable design and construction requirements in Part III of this chapter.

3. Compliance with applicable permitting requirements in Parts IV and V of this chapter.

(b) If the Department determines that a project qualifies for use of the noticed general permit, the Department need not take any action on the notice, and the permittee may use the general permit 30 days after giving notice to the Department. If the Department determines that a project does not qualify for use of the noticed general permit, the Department shall deny use of the general permit by notifying the proposed permittee in accordance with subsection 62-110.106(7), F.A.C. All notices denying use of a general permit shall contain the reasons for the denial.

(3) Whenever a project is designed under the responsible charge of one or more professional engineers licensed in Florida and is permitted by the Department under this chapter, construction of the project shall be inspected, for the purpose of determining in general if the construction proceeds in compliance with the Department permit and approved preliminary design report or drawings and specifications, under the responsible charge of a professional engineer licensed in Florida. The professional engineer in responsible charge of inspecting construction of a project shall certify on the certification of construction completion required under Rule 62-555.345, F.A.C., that construction of the project has been completed in accordance with the Department permit, including the approved preliminary design report or drawings and specifications, or in substantial conformance with Chapter 62-550, F.A.C., if applicable, and this chapter.

(4) Whenever a project is permitted by the Department under this chapter, complete record drawings shall be prepared for the project.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 373.309, 403.0877, 403.815, 403.861(7), (10) FS. History–New 11-19-87, Formerly 17-22.725, Amended 1-18-89, 1-1-93, Formerly 17-555.530, Amended 8-28-03.

Fla. Admin. Code R. 62-555.533 Conditions for Specific Construction Permits for Public Water Systems

(1) Each specific construction permit issued by the Department shall include the general conditions listed in Rule 62-4.160, F.A.C.

(2) Each specific construction permit issued by the Department shall contain the following specific conditions as applicable:

(a) Each permit shall specify the effective date of the permit and the expiration date of the permit. No permit shall be issued for a term of more than five years.

(b) Each permit for a project involving new or altered source water or treatment facilities for a drinking water treatment plant shall specify the permitted maximum-day operating capacity of the plant and, if applicable, the permitted peak operating capacity of the plant in accordance with subsection 62-555.320(6), F.A.C.

(c) Each permit for a project designed under the responsible charge of one or more professional engineers licensed in Florida shall contain a specific condition requiring the permittee to retain a Florida-licensed professional engineer in accordance with subsection 62-555.530(3), F.A.C., to take responsible charge of inspecting construction of the project for the purpose of determining in general if the construction proceeds are in compliance with the permit, including the approved preliminary design report or drawings and specifications, for the project.

(d) Each permit shall contain a specific condition requiring the permittee to have complete record drawings produced for the project in accordance with subsection 62-555.530(4), F.A.C.

(e) Each permit for a project involving new or altered drinking water treatment facilities shall contain a specific condition requiring the permittee to provide an operation and maintenance manual for the new or altered treatment facilities to fulfill the requirements under subsection 62-555.350(13), F.A.C.

(f) Each permit shall contain a specific condition requiring the permittee to submit a certification of construction completion to the Department and obtain approval, or clearance, from the Department per Rule 62-555.345, F.A.C., before placing any public water system components constructed or altered under the permit into operation for any purpose other than disinfection, testing for leaks, or testing equipment operation. This specific condition shall not prohibit the permittee from cutting into existing water mains and returning the water mains to operation in accordance with subsection 62-555.340(5), F.A.C., without the Department’s approval. Additionally, the Department shall allow exceptions to this specific condition if construction permit applicants provide in the preliminary design report or drawings, specifications, and design data accompanying their permit application justification for each exception and assurance of public health protection.

(g) Each permit shall contain other specific conditions, including schedules for completing construction, to ensure that Department rules are met.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.087(4), 403.0877, 403.861(7), (10) FS. History–New 8-28-03.

Fla. Admin. Code R. 62-555.536 Modification, Transfer, or Revocation of Public Water System Construction Permits

(1) Except as noted in paragraphs (a) and (b), below, a construction permit modification is required for changes to a permitted project, including any project noticed for use of a general construction permit.

(a) No construction permit modification is required for the types of project changes listed in subparagraphs 1. through 5., below. However, permittees shall submit written notification to the Department before making such changes. Each notification shall be submitted to the appropriate Department of Environmental Protection District Office or Approved County Health Department and shall include the following: a description of the scope, purpose, and location of the change; and assurance that the change will comply with applicable requirements in part III of this chapter, including applicable requirements in the engineering references listed in Rule 62-555.330, F.A.C. Permittees may begin such changes seven days after providing notification to the Department unless they are advised by the Department that the notification is incomplete or that a construction permit modification is required because the changes are not of a type listed under this paragraph.

1. Addition of, or changes to, work or alterations of the type described in paragraph 62-555.520(1)(c), F.A.C.

2. Addition of up to five percent more water main or 100 linear feet more water main, whichever is greater, at new locations within the same rights-of-way, easements, or sites, provided the additional water main will not pass through any conflict manholes, will not be installed in areas contaminated by low-molecular-weight petroleum products or organic solvents, will not connect previously separate public water systems or create a “new system” as described under subsection 62-555.525(1), F.A.C., and will not remain dry following completion of construction.

3. Addition of, or changes to, alternative construction features in accordance with subsection 62-555.314(5), F.A.C., due to unforeseen situations where it is not practicable to comply with the utility separation requirements in subsections 62-555.314(1) and (2), F.A.C.

4. Relocation of public water system components within the width of the same right-of-way or easement or within the same site. (Permittees may realign water mains to maintain required separation distances between the water mains and other utilities without submitting written notification to the Department.)

5. Changes in materials that will come into contact with drinking water or drinking water treatment chemicals and addition of, or changes in, drinking water additives or treatment chemicals that will be used or obtained under a construction project.

(b) No construction permit modification is required for the types of project changes listed in subparagraphs 1. through 4., below. However, permittees are responsible for ensuring that such changes comply with applicable requirements in part III of this chapter, including applicable requirements in the engineering references listed in Rule 62-555.330, F.A.C.

1. Addition of, or changes to, work or alterations of the type described in paragraph 62-555.520(1)(d), F.A.C.

2. Realignment of water mains within the width of the same right-of-way or easement, or within the same site, to maintain required separation distances between the water mains and other utilities.

3. Changes in materials that will not come into contact with drinking water or drinking water treatment chemicals.

4. Changes in the construction method for water mains (e.g., changes from open-trench construction to tunneling and vice versa).

(2) Before commencing work on project changes for which a construction permit modification is required per subsection (1), above, the permittee shall submit to the appropriate Department of Environmental Protection District Office or Approved County Health Department a written request for a permit modification. Each such request shall be accompanied by one copy of a revised construction permit application or notice as described in subsection 62-555.520(2), F.A.C., if appropriate, and each request for modification of a specific construction permit shall be accompanied by one copy of either a revised preliminary design report or revised drawings, specifications, and design data as described in subsection 62-555.520(4), F.A.C., if appropriate. Additionally, each such request also shall be accompanied by the proper processing fee made payable to the Department of Environmental Protection or the appropriate Approved County Health Department. Processing fees for construction permit modifications involving substantial project changes (i.e., changes altering capacity, adding new treatment, causing additional or different drinking water standards to apply, or causing significantly greater or different environmental impacts) shall be the same as fees for a new construction permit (refer to subsection 62-555.520(6), F.A.C.). Processing fees for construction permit modifications involving other project changes, both major and minor, are listed in subparagraphs 62-4.050(4)(n)6. and 7., and paragraph 62-4.050(4)(s), F.A.C.

(3) Each request for a construction permit modification involving project changes shall be processed in accordance with Rule 62-555.530, F.A.C.

(4) Each request for extension of a specific construction permit shall be made and processed in accordance with subsection 62-4.080(3), F.A.C. Each such request shall be accompanied by the proper processing fee made payable to the Department of Environmental Protection or the appropriate Approved County Health Department. The processing fee for a construction permit extension is listed in paragraph 62-4.050(4)(s), F.A.C. No specific construction permit shall be extended so as to remain in effect longer than five years.

(5) Each request for transfer of a specific construction permit and each request for transfer of a permittee’s use of a general construction permit shall be made and processed in accordance with Rule 62-4.120, F.A.C., except that the current permittee and the proposed permittee shall jointly submit Form 62-555.900(8), Application for Transfer of a PWS Construction Permit, hereby adopted and incorporated by reference, effective August 28, 2003. Copies of this form are available from the Department of Environmental Protection, Drinking Water Section, M.S. #3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Each application for transfer of a construction permit shall be accompanied by the proper processing fee made payable to the Department of Environmental Protection or the appropriate Approved County Health Department. The processing fee for transfer of a construction permit is listed in paragraph 62-4.050(4)(s), F.A.C.

(6) Each suspension or revocation of a specific construction permit and each suspension or revocation of a permittee’s use of a general construction permit shall be rendered in accordance with Rule 62-4.100, F.A.C.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.087(6)(a), 403.815, 403.861(7) FS. History–New 8-28-03

Fla. Admin. Code R. 62-555.540 General Permit for Construction of an Extension to a Public Drinking Water Distribution System

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.0877, 403.861(9), (10) FS. History–New 7-8-82, Formerly 17-4.63, 17-4.630, 17-22.801, Amended 1-18-89, 1-1-93, Formerly 17-555.540, Amended 12-19-94, 12-10-96, Transferred to 62-555.405.

Fla. Admin. Code R. 62-555.600 Scope of Additional Requirements for Surface Water Systems

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.852(12), 403.853(1), (3) FS. History–New 1-3-91, Formerly 17-555.600, Repealed 4-3-03.

Fla. Admin. Code R. 62-555.610 Surface Water Filtration

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.852(12), 403.853(1) FS. History–New 1-3-91, Formerly 17-555.620, Repealed 4-3-03.

Fla. Admin. Code R. 62-555.630 Surface Water Disinfection

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3) FS. History–New 1-3-91, Amended 1-1-93, Formerly 17-555.630, Repealed 4-3-03.

Fla. Admin. Code R. 62-555.900 Forms and Instructions

The forms used by the Department in the Public Water System Supervision Program are listed below by form number and name. Each form has been incorporated into the rule that references it. Copies of these forms may be obtained by writing to the Department of Environmental Protection, Source and Drinking Water Program, M.S. #3520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In addition, these forms are available at the Department of Environmental Protection’s district offices, at the Approved County Health Departments, and on the Department of Environmental Protection’s website at www.dep.state.fl.us. Persons and public water systems shall report to the Department using the forms listed below or using computer-generated versions of the forms listed below provided such versions are identical to the forms listed below in every respect other than font type and style, font size, and character spacing.

(1) Application for a Specific Permit to Construct PWS Components, effective August 28, 2003.

(2) Monthly Operation Report for Subpart H Systems, effective October 14, 2004.

(3) Monthly Operation Report for PWSs Treating Raw Ground Water or Purchased Finished Water, effective August 28, 2003.

(4) Monthly Operation Report for Consecutive Systems that Do Not Treat Water, effective August 28, 2003.

(5) Monthly Operation Report for PWSs Fluoridating Water, effective August 28, 2003.

(6) Monthly Operation Report for Consecutive Systems that Receive Purchased Finished Water from a Subpart H System, effective April 3, 2003.

(7) Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs, effective August 28, 2003.

(8) Application for Transfer of a PWS Construction Permit, effective August 28, 2003.

(9) Certification of Construction Completion and Request for Clearance to Place Permitted PWS Components into Operation, effective August 28, 2003.

(10) Asbestos-Free Certification or Asbestos Sampling Plan for PWSs, effective August 28, 2003.

(11) Monthly Operation Report for Summation of Finished-Water Production by CWSs that Have Multiple Treatment Plants, effective August 28, 2003.

(12) PWS Sampling Plan for Lead and Copper Tap Samples and Water Quality Parameters, effective August 28, 2003.

(13) Form 62-555.900(13), Cross-Connection Control Program Annual Report, effective 5-5-14, incorporated by reference in paragraph 62-555.360(2)(b), F.A.C.

(14) Deleted.

(15) Deleted.

(16) PWS Certification of Notification of Lead and Copper Tap Sample Results, effective October 1, 2010.

(17) Lead Public Education Program Report for PWSs, effective October 1, 2010.

(18) Notice of Intent to Use the General Permit for Construction of Lead or Copper Corrosion Control, or Iron or Manganese Sequestration, Treatment Facilities for Small or Medium PWSs, effective August 28, 2003.

(19) Form number 62-555.900(19), Certification of Delivery of Consumer Confidence Report, effective April 10, 2003.

(20) New Water System Capacity Development Financial and Managerial Operations Plan, effective August 28, 2003.

(21) Form number 62-555.900(21), Certification of Delivery of Consumer Confidence Information to Supplied Systems, effective April 10, 2003.

(22) Form number 62-555.900(22), Certification of Delivery of Public Notice, effective 1-17-05.

History

• Rulemaking Authority 403.8055, 403.861, 403.861(9) FS. Law Implemented 367.031, 403.0877, 403.861, 403.8615 FS. History–New 1-18-89, Amended 1-3-91, Formerly 17-555.900, Amended 12-10-96, 9-22-99, 4-3-03, 4-10-03, 8-28-03, 10-14-04, 1-17-05, 10-1-10, 5-5-14.

Fla. Admin. Code R. 62-555.910 Forms and Instructions for the Public Water System Supervision Program

History

• Rulemaking Authority 120.53(1), 403.861 FS. Law Implemented 120.53(1), 367.031, 403.0877 FS. History–New 11-30-82, Formerly 17-1.208, Amended 11-19-87, Formerly 17-22.999, Amended 1-18-89, 5-23-91, Formerly 17-555.910, Amended 12-19-94, Repealed 12-10-96.

Chapter 62-560 REQUIREMENTS FOR PUBLIC WATER SYSTEMS THAT ARE OUT OF COMPLIANCE

Fla. Admin. Code R. 62-560.310 Violations

(1) Prohibited Acts.

(a) Failure by a supplier of water to comply with the requirements of Section 403.857, F.S., or dissemination by such supplier of any false or misleading information with respect to notices required pursuant to Section 403.857, F.S., or with respect to remedial actions being undertaken to achieve compliance with state primary and secondary drinking water standards.

(b) Failure by a supplier of water to comply with rules adopted pursuant to Section 403.853, F.S., or any rule adopted by the Department pursuant to the Florida Safe Drinking Water Act, or with conditions for variances, exemptions, or waivers authorized under Section 403.854, F.S.

(c) Failure by any person to comply with any order issued by the Department pursuant to the Florida Safe Drinking Water Act.

(d) Failure by a supplier of water to allow any duly authorized representative of the Department or of the Department of Health to conduct inspections pursuant to Section 403.858, F.S.

(e) Submission by any person of any false statement or representation in any application, record, report, plan or other document filed, or required to be filed by the Florida Safe Drinking Water Act, or rules adopted by the Department pursuant to its lawful authority.

(f) Failure by a supplier of water to comply with the requirements of a Department permit issued for constructing, altering, or extending a public water system.

(g) No supplier shall knowingly allow or encourage any operator in his employ to violate any rule or law related to treatment plant operation.

(h) Failure by a supplier of water to take corrective action to meet any applicable standard or treatment technique set forth in Chapters 62-550 and 62-555, F.A.C., and this chapter.

(2) Penalties.

(a) The Department shall assess administrative penalties for violations of subsection (1), above, in accordance with Section 403.121, F.S.

(b) A fine, not to exceed $10,000.00 for each day in which a violation occurs, may be imposed by a court of competent jurisdiction on any person who violates paragraphs (1)(a), (b), (d), (e), (f), and (h), above.

(c) A fine, not to exceed $10,000.00 for each day in which such violation occurs or failure to comply continues, may be imposed by a court of competent jurisdiction upon any person who violates or fails or refuses to comply with any order issued by the Department pursuant to the Florida Safe Drinking Water Act.

History

• Rulemaking Authority 403.861 FS. Law Implemented 403.121, 403.859, 403.860 FS. History–New 11-19-87, Formerly 17-22.930, Amended 1-18-89, 5-23-91, 7-4-93, Formerly 17-560.310, Amended 11-27-01, 1-17-05.

Fla. Admin. Code R. 62-560.400 Scope of Drinking Water Public Notification Rules

The following sections set forth the requirements that a supplier of water shall meet when public notification is required. In addition to the requirements described in this part, the following requirements and appendices are adopted and incorporated herein by reference:

(1) In the July 1, 2015, edition of 40 C.F.R. §141.202 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07215), the Tier 1 public notice requirements pertaining to violation of the Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), or Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit, where the primacy agency determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the system learns of the violation.

(2) In the July 1, 2015, edition of 40 C.F.R. §141.202 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07215), the Tier 1 public notice requirements pertaining to detection of E. coli, enterococci, or coliphage in source water samples required under 40 C.F.R. §§141.402(a) and 141.402(b) (July 1, 2014), which are incorporated by reference in subsection 62-550.828(1), F.A.C.

(3) In the July 1, 2015, edition of 40 C.F.R. §141.203 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07220), the Tier 2 public notice requirements pertaining to failure to take corrective action or failure to maintain at least 4-log treatment of viruses before or at the first customer under 40 C.F.R. §141.403(a) (July 1, 2014), which is incorporated by reference in subsection 62-550.828(1), F.A.C.

(4) In the July 1, 2015, edition of 40 C.F.R. §141.203(b)(3) (http://www.flrules.org/Gateway/reference.asp?No=Ref-07218), the consultation requirements pertaining to violation of the SWTR, IESWTR, or LT1ESWTR treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.

(5) The July 1, 2015, edition of 40 C.F.R. §141.211 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07227).

(6) The July 1, 2015, edition of Appendix A to Subpart Q of 40 C.F.R. Part 141, “National Primary Drinking Water Regulation Violations and Other Situations Requiring Public Notice,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07229).

(7) The July 1, 2015, edition of Appendix B to Subpart Q of 40 C.F.R. Part 141, “Standard Health Effects Language for Public Notification,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07230).

(8) The July 1, 2015, edition of Appendix C to Subpart Q of 40 C.F.R. Part 141, “List of Acronyms Used in Public Notification Regulation,” (http://www.flrules.org/Gateway/reference.asp?No=Ref-07231).

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.857 FS. History–New 1-18-89, Amended 1-3-91, 1-1-93, Formerly 17-560.400, Amended 9-7-94, 11-27-01, 1-17-05, 12-30-11, 8-5-16.

Fla. Admin. Code R. 62-560.410 Public Notification – Primary Standards

(1) Maximum Contaminant Level, Maximum Residual Disinfectant Level, Treatment Technique Requirement, Variance or Exemption Schedule Violations, and Exceedances. The owner or operator of a public water system that fails to comply with an applicable maximum contaminant level, maximum residual disinfectant level, or treatment technique requirement established by Chapter 62-550, F.A.C., or that fails to comply with the requirements of any schedule prescribed pursuant to a variance or exemption shall notify persons served by the system. Public water systems that sell or otherwise provide drinking water to other public water systems are required to give notice to the owner or operator of the consecutive system; the consecutive system is responsible for providing public notice to the persons it serves. Systems shall notify persons served as follows:

(a) Except as provided in paragraph (1)(c) or (1)(d), of this rule, the owner or operator of a public water system shall give notice:

1. For violations, exceedances, situations, or failures, that may pose an acute risk to human health, by furnishing a copy of the Tier 1 notice to the radio and television stations that broadcast in the area served by the public water system as soon as possible but in no case later than 24 hours after the system learns of the violation, exceedance, situation, or failure, unless otherwise directed by the Department to provide such public notice sooner because of the nature of the risk. The system shall also initiate consultation with the Department as soon as possible, but in no case later than 24 hours after the system learns of the violation, exceedance, situation, or failure, as described in subparagraphs a. through g., below, to determine additional public notice requirements that may be necessary to protect public health. The following violations, exceedances, situations, or failures are acute risks to public health:

a. Exceedance or violation of the maximum contaminant level for nitrate, nitrite, or total nitrate and nitrite, as specified in Rule 62-550.310, and determined according to subsection 62-550.512(3), F.A.C.

b. Violation of the maximum contaminant level for fecal coliform or E. coli in the water distribution system, as specified in paragraph 62-550.310(5)(b), or failure to test for fecal coliforms or E. coli when any repeat sample tests positive for coliforms as specified in subsection 62-550.518(10), F.A.C.

c. Occurrence of a waterborne microbial disease outbreak, as defined in Rule 62-550.200, F.A.C., or other waterborne emergency, a failure or significant interruption in water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that has the potential for adverse effects on human health as a result of short-term exposure.

d. Other violation or situation that has the potential for adverse effects on human health as a result of short-term exposure, as determined by the Department based on a review of the facts and available toxicological and analytical data.

e. Violation of the maximum residual disinfectant level for chlorine dioxide in the water distribution system, as specified in subsection 62-550.310(2), and Rule 62-550.821, F.A.C.

f. Violation of the Surface Water Treatment Rule (SWTR) or Interim Enhanced Surface Water Treatment Rule (IESWTR) treatment technique requirements resulting from a single exceedance of the maximum allowable turbidity limit, as specified in Rule 62-550.817, F.A.C., when the Department determines after consultation with the public water system that a Tier 1 notice is required, or when consultation is not initiated by the public water system within 24 hours after the system learns of the violation. If, after consultation, the Department determines that this violation is non-acute, then public notice shall be provided in accordance with subparagraphs (1)(a)2. and 3., of this rule. If, after consultation, the Department determines that this violation is acute, then public notice shall be provided within 24 hours after the consultation, in accordance with subparagraph (1)(a)1., of this rule.

g. Violation of the turbidity MCL, as specified in subsection 62-550.817(2), F.A.C., when the Department determines after consultation with the public water system that a Tier 1 notice is required, or when consultation is not initiated by the public water system within 24 hours after the system learns of the violation. If, after consultation, the Department determines that this violation is non-acute, then public notice shall be provided in accordance with subparagraphs (1)(a)2. and 3., of this rule. If, after consultation, the Department determines that this violation is acute, then public notice shall be provided within 24 hours after the consultation, in accordance with subparagraph (1)(a)1., of this rule.

2. For violations of a non-acute maximum contaminant level, maximum residual disinfectant level, treatment technique requirement, and variance or exemption schedule that are not described in subparagraph (1)(a)1., of this rule, a Tier 2 notice shall be provided by mail delivery (by direct mail or with the water bill), or by hand delivery, as soon as possible, but not later than 30 days after the system learns of the violation, situation, or failure, to each customer receiving a bill and to other service connections to which water is delivered by the public water system; and,

3. By publication in a daily newspaper of general circulation, other than a newspaper established primarily for the publication of legal notices, in the area served by the system as soon as possible, but in no case later than 30 days after the system learns of the violation, situation, or failure. If the area served by a public water system is not served by a daily newspaper of general circulation, notice shall instead be given by publication in a weekly newspaper of general circulation, other than a newspaper established primarily for the publication of legal notices, serving the area.

(b) Except as provided in paragraph (1)(c) or (1)(d), after the initial notice given under paragraph (1)(a) of this rule, the owner or operator of the public water system shall give notice at least once every three months by mail delivery (by direct mail or with the water bill) or by hand delivery, for as long as the violation, exceedance, situation, or failure exists.

(c) In lieu of the method of delivery requirements of paragraphs (1)(a) and (1)(b), the owner or operator of a community or non-transient non-community water system may, unless otherwise directed by the Department in writing based on its assessment of the violation or situation and the potential for adverse effects on public health and welfare, give notice by hand delivery and by continuous posting in conspicuous places within the area served by the system. Notice by hand delivery and posting shall begin as soon as possible, but no later than 24 hours after the system learns of the violation, exceedance, situation, or failure for acute violations, or as soon as possible, but no later than 30 days after the system learns of the violation, situation, or failure for any other violation, situation, or failure. Posting shall continue for as long as the violation, exceedance, situation, or failure exists, but in no case for less than 7 days even if the violation, exceedance, situation, or failure is resolved. Notice by hand delivery shall be repeated at least every three months for as long as the violation, exceedance, situation, or failure exists.

(d) In lieu of the method of delivery requirements of paragraphs (1)(a) and (b), of this rule, the owner or operator of a transient non-community water system may, unless otherwise directed by the Department in writing based on its assessment of the violation or situation and the potential for adverse effects on public health and welfare, give notice by hand delivery or by continuous posting in conspicuous places within the area served by the system. Notice by hand delivery or posting shall begin as soon as possible, but no later than 24 hours after the system learns of the violation, exceedance, situation, or failure for acute violations, exceedances, situations, or failures; or 30 days after the system learns of the violation, situation, or failure for any other violation, situation, or failure. Posting shall continue for as long as the violation, exceedance, situation, or failure exists, but in no case for less than 7 days even if the violation, exceedance, situation, or failure is resolved. Notice by hand delivery shall be repeated at least every three months for as long as the violation, exceedance, situation, or failure exists.

(2) If a public water system has a violation, exceedance, situation, or failure in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the Department may allow the system to limit the distribution of the public notice to only persons served by that part of the system which is out of compliance. Permission by the Department for limiting distribution of the notice shall be based on a review of the water system and the data leading to the violation, exceedance, situation, or failure and must be granted in writing.

(3) Other Violations, Variances, or Exemptions. The owner or operator of a public water system that fails to perform monitoring required by Part V or Part VIII of Chapter 62-550, F.A.C., or is subject to a variance or an exemption granted under Part V of Chapter 62-560, F.A.C., shall provide a Tier 3 notice to all customers served by the system as follows:

(a) Except as provided in paragraph (3)(b), (3)(c), or (3)(d), of this rule, after the system learns of the violation or the granting of a variance or exemption the owner or operator of a public water system shall give notice within three months by mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system; and by publication in a daily newspaper of general circulation, other than a newspaper established primarily for the publication of legal notices, in the area served by the system. If the area served by a public water system is not served by a daily newspaper of general circulation, notice shall instead be given by publication in a weekly newspaper of general circulation serving the area, other than a newspaper established primarily for the publication of legal notices. Repeat notice of the violation or the existence of a variance or exemption shall be given every three months for as long as the violation continues or the variance or exemption remains in effect.

(b) In lieu of the requirements of paragraph (3)(a), of this rule, the owner or operator of a community or non-transient non-community water system shall give notice by mail or other direct delivery to each person served, within three months after the system learns of the violation or granting of the variance or exemption, and by continuous posting in conspicuous places within the area served by the system. Posting shall continue for as long as the violation exists or a variance or exemption remains in effect, but in no case for less than 7 days even if the violation is resolved. Notice by mail or other direct delivery shall be repeated at least every three months for as long as the violation exists or a variance or exemption remains in effect.

(c) In lieu of the requirements of paragraph (3)(a), of this rule, the owner or operator of a transient non-community water system shall give notice, within three months after the system learns of the violation or the granting of the variance or exemption, by hand delivery or by continuous posting in conspicuous places within the area served by the system. Posting shall continue for as long as the violation exists or a variance or exemption remains in effect, but in no case for less than 7 days even if the violation is resolved. Notice by hand delivery shall be repeated at least every three months for as long as the violation exists or a variance or exemption remains in effect.

(d) Public water systems that fail to perform monitoring for nitrite, nitrate, or total coliforms as prescribed in Part V of Chapter 62-550, F.A.C., shall provide notice to the public in accordance with paragraph (1)(a), above, as soon as possible, but not less than 30 days after the system learns of the violation.

(e) In addition to the requirements in paragraph 62-560.410(3)(d), F.A.C., violations of the monitoring and testing procedure requirements shall require a Tier 2 public notice, where the primacy agency determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation. (40 C.F.R. §141.203(a)(2) revised as of July 1, 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07228), is adopted and incorporated herein by reference.)

(4) Notice to New Billing Units.

(a) The owner or operator of a community water system shall give a copy of the most recent public notice for every outstanding violation of a maximum contaminant level, maximum residual disinfectant level, treatment technique requirement, monitoring and reporting requirement, or variance or exemption schedule to all new billing units or new hookups prior to or at the time service begins.

(b) Non-community water systems must continuously post the public notice in conspicuous locations in order to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation persists. (40 C.F.R. §141.206(b) revised as of July 1, 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-07223), is adopted and incorporated herein by reference.)

(5) General content of public notices. Each notice shall be conspicuous and shall not contain unduly technical language, unduly small print, or similar problems that frustrate the purpose of the notice. Each notice shall include the following 10 standard elements:

(a) A description of the violation, exceedance, situation, or failure, including the contaminant(s) of concern, and (as applicable) the contaminant level(s);

(b) When the violation, exceedance, situation, or failure occurred;

(c) Any potential adverse health effects resulting from the violation, exceedance, situation, or failure, including the required standard language under subsection (6), and (when applicable) subsection (7), of this rule;

(d) The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;

(e) Whether boiled water or alternative sources of water should be used;

(f) What action consumers should take, including when they should seek medical help;

(g) What the system is doing to correct the violation, exceedance, situation, or failure;

(h) When the system expects to return to compliance or resolve the violation, exceedance, situation, or failure;

(i) The name, business address, and phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the notice; and,

(j) The following standard language to encourage the distribution of the public notice to all persons served: “Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.”

(6) The supplier of water shall include in the notice the applicable language on potential adverse health effects for those contaminants and disinfectants found in Appendix B to Subpart Q of 40 C.F.R. Part 141, “Standard Health Effects Language for Public Notification,” July 1, 2015, which is incorporated by reference in Rule 62-560.400, F.A.C., and found in subparagraph 62-550.824(1)(c)5., F.A.C.

(7) For monitoring violations, the supplier of water shall include the following standard language and the information necessary to fill in the blanks: “We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [fill in compliance period], we did not monitor or test for [fill in contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time.”

(8) Multi-lingual requirement. For public water systems serving 20 percent or more non-English speaking consumers the public notice must contain information in the appropriate language(s) regarding the importance of the notice and contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the notice or to request assistance in the appropriate language.

(9) Consultation requirement. The supplier of water shall initiate consultation with the Department as soon as possible, but no later than 24 hours after the system becomes aware of an acute violation, exceedance, situation, or failure as described in subparagraph 62-560.410(1)(a)1., F.A.C.

(10) Certification requirement. The supplier of water shall satisfy the public notice certification requirements of paragraph 62-550.730(1)(h), F.A.C.

(11) Rescission of Public Notices. The supplier of water shall issue a rescission of public notices provided to customers in accordance with subparagraph 62-560.410(1)(a)1., F.A.C., when the violation, exceedance, situation or failure has been resolved. The method of delivery of the rescission shall be in the same manner and address the same target audience as the initial public notice. Rescissions shall include all of the following information:

(a) A description and the date of the original notice;

(b) Actions taken by the system that resulted in the lifting of the notice;

(c) The effective date of the rescission; and,

(d) The name, business address, and phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the rescission.

(12) Notice by Department on behalf of the public water system.

(a) The Department may give the notice required by Chapters 62-550 and 62-560, F.A.C., on behalf of the owner and operator of the public water system if the Department complies with the applicable public notification requirements. (40 C.F.R. §141.210(a) revised as of July 1, 2015m (http://www.flrules.org/Gateway/reference.asp?No=Ref-07225), is adopted and incorporated herein by reference).

(b) The owner or operator of the public water system remains responsible for ensuring that the public notification requirements of Chapters 62-550 and 62-560, F.A.C., are met. (40 C.F.R. §141.210(b) revised as of July 1, 2015, (http://www.flrules.org/Gateway/reference.asp?No=Ref-07226), is adopted and incorporated herein by reference.)

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.857 FS. History–New 11-19-87, Formerly 17-22.910, Amended 1-18-89, 1-3-91, 1-1-93, 7-4-93, Formerly 17-560.410, Amended 9-7-94, 11-27-01, 1-17-05, 12-30-11, 8-5-16.

Fla. Admin. Code R. 62-560.430 Public Notification – Secondary Standards

(1) Community water systems that exceed the secondary maximum contaminant level for fluoride shall provide notice to:

(a) All billing units annually;

(b) All new hookups or new billing units before or at the time service begins; and,

(c) The State Public Health Officer.

(2) The notice shall contain the standard language found in the July 1, 2011, edition of 40 C.F.R. §141.208(c), (http://www.flrules.org/Gateway/reference.asp?No=Ref-00888), adopted herein by reference.

(3) The notice shall also contain a clear, concise description of the failure, the steps being taken to comply, and the telephone number of the supplier of water or his designee who may provide additional information concerning the situation.

(4) Notice by Department on behalf of the public water system.

(a) The Department may give the notice required by Chapters 62-550 and 62-560, F.A.C., on behalf of the owner and operator of the public water system if the Department complies with the applicable public notification requirements. (40 C.F.R. §141.210(a) revised as of July 1, 2015, which is incorporated by reference in paragraph 62-560.410(12)(a), F.A.C.).

(b) The owner or operator of the public water system remains responsible for ensuring that the public notification requirements of Chapters 62-550 and 62-560, F.A.C., are met. (40 C.F.R. §141.210(b) revised as of July 1, 2015, which is incorporated by reference in paragraph 62-560.410(12)(b), F.A.C.)

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.857 FS. History–New 11-19-87, Formerly 17-22.915, Amended 1-18-89, 5-7-90, 5-23-91, 1-1-93, 7-4-93, Formerly 17-560.430, Amended 9-7-94, 11-27-01, 1-17-05, 12-30-11, 8-5-16.

Fla. Admin. Code R. 62-560.440 Public Notification for Unregulated Contaminants

(1) The requirements of this section only apply to public water systems that are required to monitor for unregulated contaminants as prescribed in 40 C.F.R. §141.40 (July 1, 2011).

(2) The supplier of water shall notify persons served by the system of the availability of the sampling results by including a notice in the first set of water bills issued by the system after the receipt of the results or by written notice within three months of the receipt of the results. The notice must also identify a person and provide the telephone number to contact for information on the monitoring results. (The third sentence of 40 C.F.R. §141.207(b) revised as of July 1, 2015, (http://www.flrules.org/Gateway/reference.asp?No=Ref-07224), is adopted and incorporated herein by reference.)

(3) Notice by Department on behalf of the public water system.

(a) The Department may give the notice required by Chapters 62-550 and 62-560, F.A.C., on behalf of the owner and operator of the public water system if the Department complies with the applicable public notification requirements. (40 C.F.R. §141.210(a) revised as of July 1, 2015, which is incorporated by reference in paragraph 62-560.410(12)(a), F.A.C.)

(b) The owner or operator of the public water system remains responsible for ensuring that the public notification requirements of Chapters 62-550 and 62-560, F.A.C., are met. (40 C.F.R. §141.210(b) revised as of July 1, 2015, which is incorporated by reference in paragraph 62-560.410(12)(b), F.A.C.)

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.857 FS. History–New 1-18-89, Amended 1-1-93, Formerly 17-560.440, Amended 9-7-94, 1-17-05, 12-30-11, 8-5-16.

Fla. Admin. Code R. 62-560.510 Drinking Water Variance Request

(1) A supplier of water may request a variance from a maximum contaminant level, maximum residual disinfectant level, or treatment technique requirement by submitting a request in writing to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department. Any written request for a variance shall include the following information:

(a) The nature and duration of the variance requested.

(b) Relevant analytical results of water quality sampling of the public water system, including results of relevant tests conducted in accordance with the requirements of Chapter 62-550, F.A.C.

(c) For any request for a variance from a maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL):

1. Explanation in full and evidence that the public water system cannot meet the MCL or MRDL despite application of Best Available Technology.

2. An evaluation indicating that alternative sources of water are not reasonably available to the public water system. The evaluation may consider economic and legal factors.

3. Analytical results of raw water quality relevant to the variance request.

4. A proposed compliance schedule, including the date each step toward compliance will be achieved. Such schedule shall include as a minimum the following dates:

a. Date by which arrangement for improvement of the existing raw water source will be completed,

b. Date of initiation of improvement of the existing raw water source; and,

c. Date by which final compliance is to be achieved,

5. A plan for the provision of safe drinking water in the case of an excessive rise in the contaminant or residual disinfectant level for which the variance is requested.

6. A plan for interim control measures during the effective period of the variance, including a proposed schedule for implementing such measures. The schedule shall include dates by which steps toward implementing the interim control measures will be taken.

(d) For any request for a variance from a treatment technique requirement:

1. Analytical results of raw water quality relevant to the variance request and a description of raw water pollution sources relevant to the variance request.

2. A plan for source protection measures relevant to the variance request.

3. A plan for monitoring relevant to the variance request.

(e) Other information believed by the applicant to be pertinent to the application.

(f) Such other information as needed to demonstrate entitlement to a variance.

(2) The Department shall grant a variance from a maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL) when reasonable assurance is provided by the applicant to demonstrate each of the following:

(a) That granting of a variance will not result in an unreasonable risk to the health of persons served by the public water system.

(b) That because of the characteristics of the raw water sources reasonably available to the public water system, the system cannot meet the MCL or MRDL despite application of Best Available Technology.

(c) That alternative sources of water are not reasonably available to the public water system.

(3) When granting a variance from a maximum contaminant level or maximum residual disinfectant level to a public water system that has not installed Best Available Technology (BAT) before requesting the variance, the Department, except as provided in subsection 62-560.600(2), F.A.C., shall grant the variance on the condition that the system install BAT.

(4) The Department shall grant a variance from a treatment technique requirement when reasonable assurance is provided by the applicant to demonstrate that the treatment technique requirement is not necessary to protect the health of persons because of the nature of the raw water source for the public water system.

(5) The proposed compliance schedule for a variance from a maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL), shall provide for compliance with the MCL or MRDL as expeditiously as possible. If the schedule provides for compliance later than five years after the date of application for the variance, the applicant shall document its rationale for the extended compliance schedule. The schedule may, if the public water system cannot effect or anticipate adequate improvement of the existing raw water source, specify an indefinite time period for compliance until a new and effective treatment technology is developed, at which time a new schedule addressing installation of the new technology shall be proposed by the applicant and a new variance shall be issued by the Department.

(6) A variance cannot be obtained from operation, maintenance, monitoring, or reporting requirements.

(7) A variance cannot be obtained from the following:

(a) The total coliform maximum contaminant level as specified in paragraph 62-550.310(5)(a), F.A.C. (unless the public water system demonstrates that the violation is due to a persistent growth of total coliforms in the distribution system rather than fecal or pathogenic contamination, a treatment lapse or deficiency, or a problem in the operation or maintenance of the distribution system);

(b) The total coliform and E. coli maximum contaminant levels as specified in paragraphs 62-550.310(5)(b) and (d), F.A.C.; (40 C.F.R. §141.4(a) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.

(c) The filtration and disinfection treatment technique requirements applicable to subpart H systems;

(d) The treatment technique requirement for control of disinfection byproduct precursors.

(8) Suppliers of water who are granted a variance under this chapter by the Department shall give notice consistent with the method of delivery requirements of subsection 62-560.410(3), F.A.C., within 30 days of being granted the variance, and shall repeat the notice every 3 months while the variance is in effect. The notice shall contain the following information:

(a) An explanation of the reason(s) for the variance;

(b) The date on which the variance was issued;

(c) A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms of the variance;

(d) A notice of any opportunity for public input in the review of the variance; and,

(e) The name, business address, and phone number of the water system owner, operator or designee of the public water system as a source of additional information concerning the notice.

History

• Rulemaking Authority 403.8055, 403.853(3), 403.861(9) FS. Law Implemented 403.853(1), (3), 403.854(1) FS. History–New 11-19-87, Formerly 17-22.745, Amended 1-18-89, 1-3-91, 1-1-93, Formerly 17-560.510, Amended 9-26-95, 11-27-01, 1-17-05, 7-7-15.

Fla. Admin. Code R. 62-560.520 Drinking Water Exemption Request

(1) A supplier of water may request an exemption from a maximum contaminant level, maximum residual disinfectant level, or treatment technique requirement by submitting a request in writing to the appropriate Department of Environmental Protection District Office or appropriate Approved County Health Department. Any written request for an exemption shall include the following information:

(a) The nature and duration of the exemption requested.

(b) Relevant analytical results of water quality sampling of the public water system, including results of relevant tests conducted in accordance with the requirements of Chapter 62-550, F.A.C.

(c) Explanation of the compelling factors, such as time, legal, or economic factors, that prevent the public water system from achieving compliance or implementing measures to develop an alternative source of water supply. The applicant shall consider the availability of an alternative source of water, including the feasibility of partnerships with neighboring public water systems as identified by the applicant or by the Department consistent with its capacity development strategy as described in the February 7, 2001, document entitled Department of Environmental Protection, Drinking Water Section New Systems Capacity Development Program Reference Documents, which is incorporated herein by reference and is available from the Department of Environmental Protection, Drinking Water Section, 2600 Blair Stone Road, Mail Station 3520, Tallahassee, Florida 32399-2400.

(d) Other information believed by the applicant to be pertinent to the application.

(e) A proposed compliance schedule, including the date when each step toward compliance will be achieved.

(f) Explanation of why management or restructuring changes cannot reasonably be made to achieve compliance or improve the quality of the drinking water if compliance cannot be achieved. Before finding that management and restructuring changes cannot be made, the applicant shall consider the following measures and the availability of federal or state financial assistance to implement these measures:

1. Rate increases, accounting changes, the appointment of an operator licensed under Chapter 62-602, F.A.C., and contractual agreements for joint operation with one or more other public water systems,

2. Activities consistent with the Department’s capacity development strategy (as described in the document referenced in paragraph (c), above) to help the public water system acquire and maintain technical, financial, and managerial capacity to come into compliance; and,

3. Ownership changes, physical consolidation with another public water system, or other feasible and appropriate means of consolidation that would result in compliance.

(g) A plan for interim control measures during the effective period of the exemption, including a proposed schedule for implementing such measures.

(h) Such other information as needed to demonstrate entitlement to an exemption.

(2) The Department shall grant an exemption when reasonable assurance is provided by the applicant to demonstrate each of the following:

(a) That, due to compelling factors (which may include time, legal, or economic factors), the public water system is unable to comply or to implement measures to develop an alternative source of water supply.

(b) That, the public water system was in operation on the effective date of the maximum contaminant level, maximum residual disinfectant level, or treatment technique requirement from which exemption is sought or, for a system that was not in operation by that date, no reasonable alternative source of drinking water is available to the system.

(c) That granting an exemption will not result in an unreasonable risk to health.

(d) That management or restructuring changes cannot reasonably be made to achieve compliance or improve the quality of the drinking water if compliance cannot be achieved.

(e) That the public water system is taking all practicable steps to comply and that:

1. The system cannot comply without capital improvements that cannot be completed before the applicable compliance date established in Chapter 62-550, F.A.C.,

2. In the case of a system needing financial assistance for necessary improvements, the system has entered into an agreement to obtain such financial assistance, or

3. The system has entered into an enforceable agreement to become part of a regional public water system.

(3) An exemption cannot extend the time indefinitely for compliance with a standard (i.e., a treatment technique requirement, maximum contaminant level, or maximum residual disinfectant level). The proposed compliance schedule shall provide for compliance with the standard as expeditiously as practicable but, in the case of a primary standard, not later than three years after the otherwise applicable compliance date established in Chapter 62-550, F.A.C. In the case of a public water system that serves a population of not more than 3,300 persons and that needs financial assistance for improvements necessary to comply with a primary standard, an exemption granted under subparagraph (2)(e)1. or 2., above, may be renewed for one or more additional two-year periods, but not more than a total of six additional years, if the public water system establishes that it is continuing to take all practicable steps to comply.

(4) An exemption cannot be obtained from operation, maintenance, monitoring, or reporting requirements.

(5) An exemption cannot be obtained from the following:

(a) The total coliform maximum contaminant level as specified in paragraph 62-550.310(5)(a), F.A.C. (unless the public water system demonstrates that the violation is due to a persistent growth of total coliforms in the distribution system rather than fecal or pathogenic contamination, a treatment lapse or deficiency, or a problem in the operation or maintenance of the distribution system);

(b) The total coliform and E. coli maximum contaminant levels as specified in paragraphs 62-550.310(5)(b) and (d), F.A.C.; (40 C.F.R. §141.4(a) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.

(c) The disinfection treatment technique requirements applicable to subpart H systems.

(6) Suppliers of water who are granted an exemption under this chapter by the Department shall give notice to customers served consistent with the method of delivery requirements of subsection 62-560.410(3), F.A.C., within 30 days of being granted the exemption, and shall repeat the notice every 3 months while the exemption is in effect. The notice shall contain the following information:

(a) An explanation of the reason(s) for the exemption;

(b) The date on which the exemption was issued;

(c) A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms of the exemption;

(d) A notice of any opportunity for public input in the review of the exemption; and,

(e) The name, business address, and phone number of the water system owner, operator or designee of the public water system as a source of additional information concerning the notice.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.853(1), (3), 403.854(1), (2), (3) FS. History–New 11-19-87, Formerly 17-22.750, Amended 1-18-89, 1-1-93, Formerly 17-560.520, Amended 9-26-95, 11-27-01, 1-17-05, 7-7-15.

Fla. Admin. Code R. 62-560.530 Request for Waiver of Disinfection Requirements

(1) Any supplier of water who owns or operates a transient non-community water system using only ground water not under the direct influence of surface water may request a waiver of the disinfection requirements specified in paragraph 62-555.320(4)(a), and subsection 62-555.350(1), F.A.C., by submitting a request for a waiver in writing to the Department. Any written request shall include the following information:

(a) Documentation of the history of the quality of water provided by the system and monitoring tests for bacteriological contamination for at least the 36 months preceding the request.

(b) A detailed description of the well and the site on which it is located, including geology, depth of well, casing, grouting, and other relevant factors which have an impact on the quality of water supplied. The supplier of water shall provide plans, drawings, test data, or other documentation in support of the description.

(c) The number of connections and size of the distribution system, its age and the materials of which it is constructed.

(2) The applicant must provide the Department reasonable assurance that no hazard to health will result.

(3) In consideration of whether a supplier of water should be granted a waiver of disinfection requirements, the Department shall consider the results of sanitary surveys.

(4) Suppliers of water granted a waiver of disinfection requirements shall monitor for microbiological contamination on at least a monthly basis or as otherwise specified by the Department and shall report the results to the Department in accordance with Rules 62-550.518 and 62-550.730, F.A.C.

(5) A waiver shall be granted for a period of 36 months and shall be renewable upon application to the Department pursuant to Section 403.854, F.S., and this rule.

(6) The Department shall revoke any waiver to protect the public health, provided that such revocation is necessary to achieve compliance with state water quality standards for safe drinking water, or the supplier of water fails to comply with any conditions of the waiver.

History

• Rulemaking Authority 403.853(3), 403.861(9) FS. Law Implemented 403.852(12), (13), 403.853(1), (3), 403.854(4) FS. History–New 11-19-87, Formerly 17-22.755, Amended 1-18-89, 5-23-91, Formerly 17-560.530, Amended 11-27-01.

Fla. Admin. Code R. 62-560.540 Request for Waiver of Certified Operator Requirements

(1) Any supplier of water who owns or operates a transient non-community water system that uses only ground water not under the direct influence of surface water may request a waiver of the certified operator requirements specified in Chapter 62-699, F.A.C., if applicable, by submitting a request for a waiver in writing to the Department. Any request shall include the following information:

(a) Operation and maintenance records for the year preceding an application for waiver, including bacteriological monitoring test results.

(b) A description of and results of monitoring procedures for maximum contaminant levels included in the Primary Drinking Water Standards.

(c) An explanation of why it is not feasible for the supplier of water to become a certified operator or to retain the services of a certified operator.

(d) Provisions that will be made for inspection of the water system from time to time for defects or to assess the condition and need for repair of the water system.

(2) The applicant shall provide the Department reasonable assurance that the system can be properly maintained without a certified operator and that no hazard to public health will result from non-attendance of the system by a certified operator.

(3) A sanitary survey is not mandatory before a waiver of certified operator requirements but may be performed and considered by the Department.

(4) A waiver shall be granted for a period of 36 months and shall be renewable upon application to the Department pursuant to Section 403.854, F.S., and this section.

(5) The Department shall revoke any waiver to protect the public health, provided that such revocation is necessary to achieve compliance with state water quality standards for safe drinking water, or the supplier of water fails to comply with any conditions of the waiver.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.853(1), (3), 403.854(5), (6), (7) FS. History–New 11-19-87, Formerly 17-22.760, Amended 1-18-89, 1-1-93, Formerly 17-560.540, Amended 11-27-01.

Fla. Admin. Code R. 62-560.545 Request for Waiver of Monitoring Requirements

(1) Volatile Organics. Each community or non-transient non-community water system that does not detect a contaminant listed in paragraph 62-550.310(4)(a), F.A.C., after completing initial monitoring requirements may apply to the Department for a waiver from the monitoring requirements for volatile organics in Rule 62-550.515, F.A.C. A waiver from the volatile organic contaminant monitoring requirements of Rule 62-550.515, F.A.C., shall be effective for no more than six years (two compliance periods).

(2) Synthetic Organics. Each community or non-transient non-community water system may apply to the Department for a waiver from the synthetic organic contaminant monitoring requirements in Rule 62-550.516, F.A.C. A system shall reapply for a waiver for each three-year compliance period.

(3) The Department shall grant a waiver if the supplier of water or the State performs a study that shows the public water system is not vulnerable to contamination. Not vulnerable to contamination shall mean:

(a) There is no record of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system, or

(b) If previous use of the contaminant is not known or if the contaminant has been used previously, then the supplier of water shall evaluate the following factors to show:

1. That the previous analytical results show no contaminants were detected. Data used in this analysis shall have been collected after January 1, 1990,

2. There is no potential point or non-point source of contamination located within the watershed or zone of influence of the system. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses,

3. That the environmental persistence and transport of the contaminants is such that the risk of contamination is negligible; and,

4. The water source is protected against contamination. Subpart H systems shall have implemented a watershed protection plan accepted by the Department. Ground water systems shall consider factors such as depth of the well, the integrity of the well casing, the type of soil, and wellhead protection.

(c) For pesticides, that there are no elevated nitrate levels at the water supply source; and,

(d) For PCBs, that there is no use of PCBs in equipment used in the production, storage, or distribution of water (e.g., PCBs used in pumps, transformers, etc.).

(4) As a condition of a waiver of the monitoring requirements for volatile organic contaminants in Rule 62-550.515, F.A.C., a system shall take one sample at each sampling point while the waiver is in effect (e.g., one sample during two compliance periods or six years), and up-date its vulnerability study considering the factors listed in subsection (3), above. Based on this updated vulnerability study, the Department shall confirm or not confirm that the system is not vulnerable. If the Department does not make this reconfirmation within three years after the initial determination, the waiver is invalidated and the system shall sample annually as specified in Rule 62-550.515, F.A.C.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.0877, 403.853 FS. History–New 1-1-93, Formerly 17-560.545, Amended 9-7-94, 9-26-95, 11-27-01.

Fla. Admin. Code R. 62-560.546 Statewide Monitoring Waivers for Selected Contaminants

(1) Asbestos. The Department has determined that there are no known geologic deposits in Florida which contain asbestos bearing minerals. Unless the Department finds that there is a source of asbestos which could potentially contaminate a water supply and notifies the system in accordance with Rule 62-550.511, F.A.C., public water systems shall not be required to analyze raw water or treated water at the entry point to the distribution system for asbestos.

(2) Dioxin. The Department has reviewed scientific literature and testing results and determined that dioxin exhibits very limited mobility in ground water sources. Public water systems that have wells located at a distance of 1.6 kilometers (1 mile) or more from a potential source of dioxin contamination shall not be required to analyze raw water or treated water at the entry point to the distribution system for dioxin. Potential sources of contamination include any waste disposal site or facility using chlorine in a manufacturing process (for example, industries involved in manufacturing bleached pulp and paper products, preserving wood, formulating pesticides, tanning, producing cleaning products, or producing drugs and cosmetics). If, as a result of a sanitary survey, the Department finds that a public water system does not qualify for a waiver from dioxin monitoring, the Department shall notify the system in writing that it must begin monitoring for dioxin as described in Rule 62-550.500, F.A.C. Such written notification shall include a notice of rights to administrative procedures as described in Rule 62-110.106, F.A.C. Subpart H systems may submit a request for waiver of monitoring requirements as described in subsection 62-560.545(2), F.A.C.

(3) Butachlor. The Department has determined that butachlor has never been licensed for use in Florida, that there are no known manufacturers of the pesticide in Florida, and that there are no known storage sites in the state. Public water systems shall not be required to analyze raw water or treated water at the entry point to the distribution system for butachlor.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.857 FS. History–New 9-7-94, Amended 11-27-01.

Fla. Admin. Code R. 62-560.550 Manner of Decision on Variances, Exemptions, and Waivers

For the purposes of this section, the term “waivers” only applies to waivers of disinfection requirements under Rule 62-560.530, F.A.C., and waivers of certified operator requirements under Rule 62-560.540, F.A.C. Within 90 days of receipt of a complete request, the Department shall make a decision on the request. The applicant shall be notified of the Department’s intended decision by a written notice which states with particularity the grounds for the decision. The notice shall also contain an intended schedule for compliance with that from which a variance or exemption is sought. A hearing may be requested on the Department’s intended decision in accordance with Chapter 120, F.S. Whenever the Department issues a letter of intent to grant or deny a variance, exemption, or waiver, the Department shall give all affected persons constructive notice of the compliance schedule or terms of the waiver by publication in the Florida Administrative Register, and the supplier of water shall give notice in a newspaper of general circulation in the area affected by the variance, exemption, or waiver. In order to request a public hearing, the request must be received within thirty days of publication of the intended agency action. The Department shall only act upon hearing requests from persons whose substantial interests are affected. If a hearing is not requested within the allotted time, the right to an administrative hearing shall be deemed waived, and the Department’s intended decision shall be final.

History

• Rulemaking Authority 403.861(8) FS. Law Implemented 120.57, 120.60, 403.852(12), (13), 403.853(1), (3), 403.854(1), (2), (3), (4), (5) FS. History– New 11-19-87, Formerly 17-22.765, Amended 1-18-89, Formerly 17-560.550, Amended 11-7-95, 11-27-01.

Fla. Admin. Code R. 62-560.600 General

No public water system shall be granted a variance from a maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL) without first demonstrating that the system cannot meet the MCL or MRDL despite application of Best Available Technology (BAT).

(1) If a public water system has not installed BAT before requesting a variance from a maximum contaminant level or maximum residual disinfectant level, the Department shall require, as a condition of granting the variance, that the system install BAT except as provided in subsection (2), below.

(2) If a public water system can demonstrate through comprehensive engineering assessments, which shall include pilot plant studies, that BAT would only achieve an insignificant reduction in a contaminant or disinfectant residual, the Department shall require, as a condition of granting a variance, that the system examine other treatment methods.

(3) If the Department determines that a treatment method examined under subsection (2), above, is technically feasible, the public water system shall propose a new compliance schedule addressing installation of the treatment method, and the Department shall issue a new variance requiring the system to install the treatment method. The Department’s determination shall be based upon studies by the system and other relevant information.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.852(12), 403.853, 403.854 FS. History–New 11-19-87, Formerly 17-22.500, Amended 1-18-89, Formerly 17-560.600, Amended 11-27-01.

Fla. Admin. Code R. 62-560.610 Best Available Technology for Achieving Compliance with a Maximum Contaminant Level or Maximum Residual Disinfectant Level

(1) The technologies listed in Table 1 are Best Available Technology for achieving compliance with the maximum contaminant levels for inorganic contaminants listed in subsection 62-550.310(1), F.A.C.

(2) Best Available Technology for achieving compliance with the maximum residual disinfectant levels listed in subsection 62-550.310(2), F.A.C., is control of treatment processes to reduce disinfectant demand or control of disinfection treatment processes to reduce disinfectant levels.

(3) The Administrator of the U.S. Environmental Protection Agency, pursuant to section 1412 of the Federal Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for bromate and chlorite identified in 40 C.F.R. §141.64(a) (which is incorporated in subparagraph 62-550.310(3)(a)1., F.A.C.):

DISINFECTION BYPRODUCT

BEST AVAILABLE TECHNOLOGY

Bromate

Control of ozone treatment process to reduce production of bromate

Chlorite

Control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels

(40 C.F.R. §141.64(a)(2) (July 1, 2011))

(4) The Administrator of the U.S. Environmental Protection Agency, pursuant to section 1412 of the Federal Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) identified in 40 C.F.R. §141.64(b)(1)(i) (which is incorporated in sub-subparagraph 62-550.310(3)(b)1.a., F.A.C.):

DISINFECTION BYPRODUCT

BEST AVAILABLE TECHNOLOGY

TTHM and HAA5

Enhanced coagulation or enhanced softening or GAC10, with chlorine as the primary and residual disinfectant

(40 C.F.R. §141.64(b)(1)(ii) (July 1, 2011))

(5) The Administrator of the U.S. Environmental Protection Agency, pursuant to section 1412 of the Federal Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) identified in 40 C.F.R. §141.64(b)(2)(i) (which is incorporated in sub-subparagraph 62-550.310(3)(b)2.a., F.A.C.) for all systems that disinfect their source water:

DISINFECTION BYPRODUCT

BEST AVAILABLE TECHNOLOGY

TTHM and HAA5

Enhanced coagulation or enhanced softening, plus GAC10; or nanofiltration with a molecular weight cutoff ≤ 1000 Daltons; or GAC20

(40 C.F.R. §141.64(b)(2)(ii) (July 1, 2011))

(6) The Administrator of the U.S. Environmental Protection Agency, pursuant to section 1412 of the Federal Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for total trihalomethanes (TTHM) and haloacetic acids (five) (HAA5) identified in 40 C.F.R. §141.64(b)(2)(i) (which is incorporated in sub-subparagraph 62-550.310(3)(b)2.a., F.A.C.) for consecutive systems and applies only to the disinfected water that consecutive systems buy or otherwise receive:

DISINFECTION BYPRODUCT

BEST AVAILABLE TECHNOLOGY

TTHM and HAA5

Systems serving ≥ 10,000: Improved distribution system and storage tank management to reduce residence time, plus the use of chloramines for disinfectant residual maintenance

Systems serving < 10,000: Improved distribution system and storage tank management to reduce residence time

(40 C.F.R. §141.64(b)(2)(iii) (July 1, 2011))

(7) The technologies listed in Table 3 are Best Available Technology for achieving compliance with the maximum contaminant levels for organic contaminants listed in subsection 62-550.310(4), F.A.C.

(8) Best Available Technology for achieving compliance with the maximum contaminant level for microbiological contaminants listed in subsection 62-550.310(5), F.A.C., includes the following:

(a) Protection of wells from fecal contamination by appropriate placement and construction; (40 C.F.R. §141.63(e)(1) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.

(b) Maintenance of a disinfectant residual throughout the distribution system;

(c) Proper maintenance of the distribution system including appropriate pipe replacement and repair procedures, main flushing programs, proper operation and maintenance of storage tanks and reservoirs, cross-connection control, and continual maintenance of positive water pressure in all parts of the distribution system; (40 C.F.R. §141.63(e)(3) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.

(d) Filtration or disinfection of surface water, as described in 40 C.F.R. Part 141, Subparts H, P, T, and W, as incorporated in subsections 62-550.817(1), (2), (3), and (4), F.A.C., or disinfection of ground water, as described in 40 C.F.R. Part 141, Subpart S, as incorporated in Rule 62-550.828, F.A.C., using strong oxidants such as chlorine, chlorine dioxide, or ozone; and (40 C.F.R. §141.63(e)(4) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.

(e) For systems using ground water, compliance with the requirements of an Environmental Protection Agency-approved State Wellhead Protection Program developed and implemented under Section 1428 of the Federal Safe Drinking Water Act. (40 C.F.R. §141.63(e)(5) revised as of July 1, 2014.) This paragraph shall be effective on July 7, 2015.

(9) The technologies listed in Table 4 are Best Available Technology for achieving compliance with the maximum contaminant levels for radionuclides listed in subsection 62-550.310(6), F.A.C.

History

• Rulemaking Authority 403.8055, 403.861(9) FS. Law Implemented 403.0877, 403.853 FS. History–New 11-19-87, Formerly 17-22.510, Amended 1-18-89, 1-3-91, 1-1-93, 1-26-93, Formerly 17-560.610, Amended 11-27-01, 4-14-03, 12-30-11, 7-7-15.

Fla. Admin. Code R. 62-560.620 Bottled Water, Point-of-Use, and Point-of-Entry Devices

(1) The Department shall require a public water system to use bottled water, point-of-use devices, point-of-entry devices, or other means as a condition of granting a variance or an exemption from the maximum contaminant levels and maximum residual disinfectant levels listed in subsections 62-550.310(1), (2), (3), (4), (5)(a) and (6), F.A.C., to avoid an unreasonable risk to health. The Department shall require a public water system to use bottled water, point-of-use devices, point-of-entry devices, or other means as a condition of granting an exemption from the treatment technique requirements listed in subsections 62-550.315(1) and (4), F.A.C., or an exemption from the surface water filtration requirements in Part VI of Chapter 62-555, F.A.C., to avoid an unreasonable risk to health. The Department shall require a public water system to use bottled water and point-of-use devices or other means, but not point-of-entry devices, as a condition for granting an exemption from corrosion control treatment requirements for lead and copper in Rule 62-550.800, F.A.C., to avoid an unreasonable risk to health. The Department shall require a public water system to use point-of-entry devices as a condition for granting an exemption from the source water treatment and lead service line replacement requirements for lead and copper in Rule 62-550.800, F.A.C., to avoid an unreasonable risk to health.

(2) A public water system that uses bottled water as a condition for receiving a variance or an exemption under Rule 62-560.510 or 62-560.520, F.A.C., shall receive certification from the bottled water company that the bottled water has been taken from an approved source as defined in the April 1, 2000, edition of 21 C.F.R. 129.3(a); has been monitored by the bottled water company in accordance with the April 1, 2000, edition of 21 C.F.R. 129.80(g)(1) through (3); and does not exceed any maximum contaminant levels or quality limits as set out in the April 1, 2000, edition of 21 C.F.R. 165.110(b). All of the aforementioned federal regulations are incorporated herein by reference. The authorized representative of the public water system shall provide such certification to the Department once during the first three-month period that the public water system supplies bottled water and annually thereafter for as long as bottled water is being supplied. The public water system shall provide sufficient quantities of bottled water to every person supplied by the public water system via door-to-door bottled water delivery.

(3) Public water systems that use point-of-entry or point-of-use devices as a condition for obtaining a variance or an exemption under Rule 62-560.510 or 62-560.520, F.A.C., shall meet the following requirements:

(a) The public water system shall operate and maintain the point-of-use or point-of-entry treatment system. The supplier of water shall make a showing to the Department that buildings connected to the system have sufficient point-of-use or point-of-entry devices that are properly installed, maintained, and monitored such that all consumers will be protected.

(b) Before point-of-use or point-of-entry devices are installed, the authorized representative of the public water system shall certify that the system will sample from a representative tap served by one of the devices once during the first three-month period after the devices are installed and annually thereafter for each contaminant or disinfectant residual for which the variance or exemption was received.

(c) The microbiological safety of the water shall be maintained at all times. The public water system shall revise the microbiological sampling plan required by subsection 62-550.518(1), F.A.C., to include taps now served by the point-of-use or point-of-entry devices.

(d) The Department shall require that the public water system provides adequate certification of performance, field testing, and, if not included in the certification process, an engineering design review of the point-of-use or point-of-entry device. A device carrying a National Sanitation Foundation certification shall be considered adequate for the performance requirements of this paragraph.

(e) The design and application of point-of-use and point-of-entry devices shall consider the potential for increasing concentrations of heterotrophic bacteria in water treated with activated carbon. It may be necessary to use frequent backwashing, disinfection after treatment, and heterotrophic plate count monitoring to ensure that the microbiological safety of the water is not compromised.

(f) As part of meeting the requirement to use a point-of-entry device as a condition for being granted an exemption from the source water treatment or lead service line replacement requirements in Rule 62-550.800, F.A.C., the authorized representative of the public water system shall certify that use of the device will not cause increased corrosion of lead and copper bearing materials located between the device and the tap that could increase contaminant levels at the tap.

History

• Rulemaking Authority 403.861(9) FS. Law Implemented 403.853 FS. History–New 1-1-93, Amended 7-4-93, Formerly 17-560.620, Amended 9-7-94, 11-27-01.

Fla. Admin. Code R. 62-560.700 Corrective Action for Public Water Systems

(1) The Department may order the supplier of water to take corrective action needed to meet any of the requirements in Chapters 62-550, 62-555 and 62-560, F.A.C.

(2) The procedures in Rule 62-110.106, F.A.C., shall apply to administrative enforcement actions taken pursuant to subsection (1), above.

History

• Rulemaking Authority 403.861 FS. Law Implemented 403.859, 403.860 FS. History–New 7-4-93, Formerly 17-560.700.

Chapter 62-565 POTABLE REUSE

Fla. Admin. Code R. 62-565.100 General

(1) Scope. This chapter sets forth the requirements for potable reuse systems, including direct and indirect potable reuse, as well as the permitting and compliance of Advanced Treatment Water Facilities (ATWFs).

(a) Direct potable reuse is the delivery of advanced treated water from an ATWF to a drinking water treatment facility or directly into a potable water supply distribution system. This type of potable reuse does not include an environmental buffer. Direct potable reuse projects are subject to the technical and permitting requirements established in this chapter.

(b) Indirect potable reuse is the planned delivery or discharge of reclaimed water, prior to treatment at an ATWF, or advanced treated water leaving the ATWF, to ground or surface waters for the development of, or to supplement or replace, potable water sources in accordance with projects identified in subsections 62-565.100(1)(c) and (d), F.A.C. Indirect potable reuse projects are subject to the technical and permitting requirements established in this chapter.

(c) Discharges of reclaimed water or advanced treated water to surface waters may be permitted as an indirect potable reuse project if an ATWF permit applicant provides an affirmative demonstration of the following:

1. There is a need to supplement or replace other potable water sources;

2. The discharge will meet part or all of the identified need to supplement or replace the water supply; and

3. A hydrologic connection between the point of discharge and the potable water supply intake.

(d) Discharges of reclaimed water or advanced treated water to F-I, G-I, G-II, or G-III ground waters as described in Rule 62-610.466, F.A.C., or by rapid-rate land application systems where the requirements of Rule 62-610.525, F.A.C., are met, with a planned supply well located within the applicable setback distances in Chapter 62-610, F.A.C., are considered indirect potable reuse and subject to the requirements of this Chapter.

(e) Discharges of reclaimed water or advanced treated water to ground waters may be permitted as indirect potable reuse if an ATWF permit applicant includes with its application an affirmative demonstration of the following:

1. The discharge is to F-I, G-I, G-II, or G-III ground waters as described in Rule 62-610.466, F.A.C., or by rapid-rate land application systems where the requirements of Rule 62-610.525, F.A.C., apply;

2. There is a need to supplement or replace other potable water sources;

3. The discharge will meet part or all of the identified need to supplement or replace the water supply; and

4. A hydrogeologic connection, between the point of discharge and the potable water supply wells identified in the joint operations plan.

(2) Applicability.

(a) Where there may be a conflict with another rule of the Department, the rules in this chapter shall apply.

(b) In addition to the requirements set forth in this chapter, ATWFs serving as a public water system, discharging directly to a distribution system shall also comply with the requirements set forth in Chapters 62-550, and 62-555, F.A.C.

(3) General Prohibitions.

(a) No person shall operate an ATWF without an ATWF permit from the Department.

(b) An ATWF permit shall be obtained from the Department before commencement of construction or modification of the ATWF.

(c) The ATWF permit does not authorize discharge of waste, as defined in s. 403.031(22), F.S., to the waters of the State. Any person intending to discharge to the waters of the State shall apply to the Department for the appropriate permit required by Chapter 403, F.S., and Department rules.

(4) General Provisions.

(a) An ATWF permit may be revised, renewed, revoked and reissued, or terminated in accordance with this chapter.

(b) To the extent that this chapter imposes duties for the construction, operation, maintenance, or monitoring of an ATWF, for reporting potable reuse system operations, or for securing permits from the Department, responsibility lies with the permittee and the owner of the facility.

(c) Consultation. An applicant is encouraged to consult with the Department before submitting an application, or at any other time concerning the operation, construction, or modification of an ATWF.

(5) Confidentiality of Information. In accordance with Chapter 119, F.S., information and documents submitted to the Department with an application may be considered to be public records.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.200 Definitions

The following words and phrases when used in this chapter have the following meanings except when defined and instructed differently to a specific rule:

(1) “Advanced Treated Water” means water produced from an advanced treatment water facility for potable reuse applications. Advanced treated water can be from more than one advanced treatment water facilities.

(2) “Advanced Treatment Water Facility (ATWF)” means the facility where advanced treated water is produced. The specific combination of treatment technologies employed will depend on the quality of the reclaimed water and the type of potable reuse.

(3) “Annual Average Permit Limitation” means the maximum annual average pollutant value allowed by the permit and calculated as the arithmetic mean of the 12 monthly average reclaimed water or advanced treated water samples collected during any consecutive 12-month period.

(4) “Approved County Health Department” shall be as defined in Rule 62-550.200, F.A.C.

(5) “Arithmetic Mean” means the value computed by dividing the sum of a set of terms by the number of terms.

(6) “Aquifer Storage and Recovery (ASR)” shall be as defined in subsection 62-610.466(1), F.A.C.

(7) “Average Daily Flow” means the total volume of wastewater flowing into a wastewater facility during some defined period of time, divided by the number of days in that period of time, expressed in units of millon gallons a day.

(8) “Bypass” means the intentional delivery of reclaimed water or advanced treated water, not meeting the standards for advanced treated water, from any portion of an Advanced Treatment Water Facility to a public water system or public water distribution system.

(9) “Capacity Development” means the process of acquiring and maintaining adequate technical, managerial, and financial capabilities to enable a facility consistently provide safe treated water.

(10) “CFR” means the Code of Federal Regulations.

(11) “Challenge Test” means a study comparing a pathogen, surrogate parameter, or indicator compound concentration between the influent and effluent of a treatment process to determine the removal capacity of the treatment process. The influent concentration must be high enough to ensure that a measurable concentration is detected in the effluent.

(12) “Commencement of Construction” means the beginning of the construction of an ATWF.

(13) “Composite Sample” means a single sample that is a combination of individual sub-samples of reclaimed water or advanced treated water taken at selected intervals, usually based on time or flow volumes, to minimize the effect of the variability of the individual sub-samples.

(14) “Co-permittee” means a permittee to an advanced treatment water facility permit that is only responsible for permit conditions relating to the potable reuse system for which it is the operator.

(15) “Constituent” means any physical, chemical, biological, or radiological substance or matter found in water, wastewater, or reclaimed water.

(16) “Contaminant” shall be as defined in Rule 62-550.200, F.A.C.

(17) “Continuous Monitoring” means the automated sampling and analysis of a parameter in a continuous or timed sequence, using techniques which will adequately reflect actual parameter levels or concentrations in a water sample on a continuous basis.

(18) “Control Authority” means as defined in Rule 62-625.200, F.A.C.

(19) “Critical Control Point” means a point in water treatment where control can be applied to an individual unit process to reduce, prevent, or eliminate process failure and where monitoring is conducted to confirm that the control point is functioning correctly. The goal is to reduce the risk of pathogen and chemical constituents in the finished water, as defined in Rule 62 550.200, F.A.C.

(20) “Cross-Connection” shall be as defined in Rule 62-550.200, F.A.C.

(21) “Cryptosporidium” means waterborne microsopic parasite that causes the diarrheal disease cryptosporidiosis.

(22) “CT” or “CTcalc” means the product of ‘‘residual disinfectant concentration’’ (C) in mg/L determined before or at the first customer, and the corresponding ‘‘disinfectant contact time’’ (T) in minutes, i.e., ‘‘C’’ x ‘‘T’’. If a potable reuse system applies disinfectants at more than one point prior to distribution, it must determine the CT of each disinfectant sequence before or at the first customer to determine the total percent inactivation or ‘‘total inactivation ratio.’’ In determining the total inactivation ratio, the potable reuse system must determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s).

(23) “Department” means the Department of Environmental Protection (DEP).

(24) “Designated Representative” means a person for whom authorization has been given to sign reports and permit applications on behalf of the responsible official, as defined in subsection (82) of this rule. A person can only be a designated representative if:

(a) The authorization is made in writing by a person described in subsection (68) of this rule;

(b) The authorization specifies either an individual or a position having overall responsibility for the operation of the regulated facility or activity, including the position of plant manager, superintendent, certified chief operator, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company; and,

(c) The written authorization is submitted to the Department.

(25) “Design Capacity” means the average daily flow projected for the design year which serves as the basis for the sizing and design of the domestic wastewater facilities, advanced treated water facilities, or public water system. The design capacity is established by the permit applicant. The time frame associated with the design capacity (e.g., annual average daily flow, monthly average daily flow, three-month average daily flow) shall be specified by the permit applicant.

(26) “Direct Potable Reuse (DPR)” means the delivery of advanced treated water from an advanced treatment water facility to a drinking water treatment facility or directly into a potable water supply distribution system without an environmental buffer.

(27) “Disinfectant” shall be as defined in Rule 62-550.200, F.A.C.

(28) “Disinfectant Contact Time” (“T” in CT calculations) shall be as defined in Rule 62-550.200, F.A.C.

(29) “Disinfection” shall be as defined in Rule 62-550.200, F.A.C.

(30) “Domestic wastewater” shall be as defined in Rule 62-600.200, F.A.C.

(31) “Draft permit” means a document prepared under Rule 62-565.635, F.A.C., indicating the tentative decision of the Department to issue or deny, revise, revoke and reissue, terminate, or reissue a permit. Notices of intent to terminate a permit and to deny a permit are types of “draft permits.” A denial of a request for revision, revocation and reissuance, or termination is not a “draft permit.” A “proposed permit” is not a “draft permit.”

(32) “Drinking water” means water that is supplied for potable uses (including drinking, cooking, bathing, and other household uses) that meets standards prescribed by Rules 62-550.310 and .320, F.A.C.

(33) “Drinking water treatment facility (DWTF)” for purposes of Chapters 62-550, 62-555, 62-565 and 62-610, F.A.C., means a treatment component of a public water system. This could be a treatment component of an advanced treatment water facility providing water for potable reuse.

(34) “Emerging constituents” means natural and synthetic chemicals or compounds not regulated in water, wastewater or reclaimed water that may cause adverse ecological or human health impacts.

(35) “Environmental buffer” means a natural treatment barrier.

(36) “EPA” means the U.S. Environmental Protection Agency.

(37) “Filtration” means a process for removing particulate matter from water by passage through porous media.

(38) “Finished Drinking Water” shall be as defined in Rule 62-550.200, F.A.C.

(39) “Flow” means the flow values obtained from recording flow meters and totalizers, calibrated at least once every 12 months or in accordance with manufacturer’s instructions, whichever is lesser.

(40) “Giardia lamblia (Giardia)” means the waterborne protozoan parasites which occur in a trophozoite and an oval-shaped cyst form.

(41) “Grab sample” means a single sample of reclaimed water or advanced treated water.

(42) “Human Consumption” shall be as defined in Rule 62-550.200, F.A.C.

(43) “Indicator Compound” means an individual chemical in reclaimed water that represents the physical, chemical, and biodegradable characteristics of a specific family of trace constituents; is present in concentrations that provide information relative to the environmental fate and transport of those chemicals; may be used to monitor the efficiency of trace organic compound removal by treatment processes; and provides an indication of treatment process performance.

(44) “Indirect Potable Reuse (IPR)” means the planned delivery or discharge of reclaimed water or advanced treated water to ground or surface waters for the development of, or to supplement, potable water supply in accordance with projects identified in paragraph 62-565.100(1)(c) and (d), F.A.C.

(45) “Industrial User” shall be as defined in Rule 62-625.200, F.A.C.

(46) “Internal Outfall” means the internal sampling location between two separate treatment processes within an ATWF.

(47) “Interference” means for purposes of this chapter a discharge from a non-domestic wastewater source which alone or in conjunction with a discharge or discharges from other sources that inhibits or disrupts the treatment processes or operations that has a significant potential to have serious adverse effects on public health or to cause an exceedance either of a treatment requirement or of a Maximum Contaminant Level for finished drinking water.

(48) “Log Reduction” means a reduction in the concentration of a constituent or microorganism by a factor of 10.

(49) “Log Reduction Value Credit” means the number of credits assigned to a specific treatment process (e.g., microfiltration, chlorine disinfection, or ultraviolet disinfection), expressed in log units, for the inactivation or removal of a specific microorganism or group of microorganisms.

(50) “Maximum Contaminant Level (MCL)” shall be as defined in Rule 62-550.200, F.A.C.

(51) “Maximum Residual Disinfectant Level (MRDL)” shall be as defined in Rule 62-550.200, F.A.C.

(52) “Membrane Filtration” shall be as defined in Rule 62-550.200, F.A.C.

(53) “Method Detection Limit (MDL)” shall be as defined in Rule 62-160.200, F.A.C.

(54) “Minor Modification” means a modification to the facility or activity which is not expected to lead to a substantially different environmental impact or which will not involve a substantially different type of reclaimed water or advanced treated water. A minor modification does not substantially change the characteristics of the reclaimed water or advanced treated water, nor does it change the permitted capacity of the facility. This includes construction to replace a unit operation or process structure, and construction to a unit operation or mechanical equipment which is not associated with routine facility maintenance.

(55) “Minor Revision” means a change to the permit conditions, which may include changes in staffing requirements or monitoring frequencies, correction of minor errors or typographical mistakes, transfer of a permit to a new owner, extension of compliance dates or construction schedules, or authorization of a minor modification to a facility or activity.

(56) “Modification” means the alteration, expansion, upgrade, extension, replacement of, or addition to an existing advanced treatment water facility. “Modification” does not include, and no permit revision is required for:

(a) Structural changes to an existing advanced treatment water facility or activity, site or plant, that do not change the quality, nature, or quantity of the reclaimed water or advanced treated water or that do not cause water pollution, or

(b) Construction, replacement, or repair of components of an advanced treatment water facility which does not change the permitted treatment works or the terms and conditions of the potable reuse system permit.

(57) “Monthly Average Permit Limitation” means the maximum monthly average pollutant value allowed by the permit and calculated as the arithmetic mean of each reclaimed water or advanced treated water sample collected on a separate day during a period of 30 consecutive days.

(58) “New System” means, for the purposes of capacity development, ATWF, community water systems or non-transient non-community water systems being newly constructed; systems which do not currently meet the definition of a public water system under Rule 62-550.200, F.A.C., but which expand their infrastructure and thereby grow to become community water systems or non-transient non-community water systems; and transient non-community systems that expand their infrastructure and thereby grow to become community water systems or non-transient non-community water systems.

(59) “Off-spec” means produced water that does not meet the discharge standards as established by an applicable Department permit.

(60) “Operator” means any person who is in onsite charge of the actual operation, supervision, and maintenance of an advanced treatment water facility and includes the person in onsite charge of a shift or period of operation during any part of the day. Operator also means any person operating an electronic control system. Such persons shall be licensed in accordance with Chapter 62-602, F.A.C.

(61) “O3:TOC” means the ratio of the applied ozone to the actual total organic carbon (TOC) in the feedwater, which is the nitrite-corrected mass ratio of ozone to TOC calculated as the transferred ozone dose in milligram per liter (mg/L) divided by the sum of TOC concentration in the feedwater in mg/L plus 3.4 times the nitrite (NO2-) concentration (as N) in the feedwater in mg/L.

(62) “Pass Through” means for purposes of this chapter a condition where a constituent enters the potable reuse system in quantities or concentrations that have a significant potential to have serious adverse effects on public health or to cause an exceedance either of a treatment requirement or of an MCL in finished drinking water.

(63) “Pathogens” means disease-producing organisms, including enteric viruses, Giardia cysts, and Cryptosporidium oocysts.

(64) “Permit Condition” means a statement or stipulation which is issued with a permit and which must be complied with.

(65) “Permit” is the legal authorization to engage in or conduct any construction, operation, modification, or expansion of any installation, structure, equipment, facility, or appurtenances thereto, operation, or activity which will reasonably be expected to be a source of advanced treated water or pollution.

(66) “Permittee” means the owner, operator or other entity to which a permit for an advanced treatment water facility or activity is issued by the Department. The term “permittee” shall be functionally synonymous with the terms “owner,” “contractor,” and “licensee,” but shall not include licensed individuals, such as State licensed operators, unless they are the persons to whom a facility permit is issued by the Department. The term shall extend to a permit “applicant” for purposes of this chapter.

(67) “Permitted Capacity” means the treatment, reclaimed water or advanced treated water capacity for which a facility is approved by Department permit expressed in units of million gallons a day. The permit shall specify the time frame associated with the permitted capacity (e.g., annual average daily flow, monthly average daily flow, three-month average daily flow).

(68) “Person” shall be as defined in Rule 62-550.200, F.A.C.

(69) “pH” means the negative common logarithm of the hydrogen-ion activity in moles per liter, obtained from using sensors for continuous pH monitoring that can perform a three-point calibration and calibrated at least once a month as described in FT1100 of “The Department of Environmental Protection Standard Operating Procedures for Field Activities,” DEP-SOP-001/01 (adopted and incorporated by reference in paragraph 62-160.800(1)(a), F.A.C.

(70) “Point of Disinfectant Application” means the point where the disinfectant is applied and water downstream of that point is not subject to recontamination by surface water runoff.

(71) “Potable Reuse” means augmentation of a drinking water supply with reclaimed water, which includes indirect potable reuse.

(72) “Potable Reuse System” means the permitted facilities interconnected for the purposes of producing finished drinking water from domestic wastewater.

(73) “Potable Water” means water that meets the primary and secondary drinking water quality standards prescribed by the National Primary Drinking Water Regulations (40 CFR Part 141) of the U.S Environmental Protection Agency and Chapter 62-550, F.A.C.

(74) “Practical Quantiation Limit (PQL)” shall be as defined in Rule 62-160.200, F.A.C.

(75) “Proposed Permit” means a permit prepared after the close of the public comment period and, when applicable, after any public meeting, but before final issuance by the Department. A “proposed permit” is not a “draft permit.”

(76) “Public Water System” or “PWS” shall be as defined in Rule 62-550.200, F.A.C.

(77) “Raw Wastewater” means, for the purposes of this chapter, untreated wastewater and its contents entering a domestic wastewater treatment facility.

(78) “Raw Water” means intake water prior to any treatment or use.

(79) “Reclaimed Water” means water that has received at least secondary treatment and is reused after flowing out of a domestic wastewater treatment facility.

(80) “Redundancy” means the use of at least two treatment barriers, in addition to the comprehensive pretreatment and pollutant souce control program in Rule 62-565.505, F.A.C., to attenuate the same type of constituent so that if one barrier fails, performs inadequately, or is taken offline for maintenance, the overall system still will perform effectively, and risk is reduced.

(81) “Residual Disinfectant Concentration” (“C” in CT calculations) shall be as defined in Rule 62-550.200, F.A.C.

(82) “Responsible Official” means one of the following:

(a) For a corporation, the president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation;

(b) For a partnership or sole proprietorship, a general partner or the proprietor, respectively; or

(c) For public agencies, a principal executive officer or ranking elected official. A principal executive officer includes the chief executive officer of the agency or a senior executive officer having the responsibility for the overall operations of a principal geographic unit of the agency, for example, a director of public works, or city or county manager.

(83) “Sanitary Hazard” means a physical condition which involves or affects any part of a public water system or the source water, and that creates an imminent or potentially serious risk to the health of any person who consumes water from that system.

(84) “Secondary Contaminants” shall be as defined in Rule 62-550.200, F.A.C.

(85) “Secondary Drinking Water Standards” shall be as defined in Rule 62-550.200, F.A.C.

(86) “Secondary Treatment” means wastewater treatment to a level that will achieve the limitations specified in Rule 62-600.420, F.A.C.

(87) “Severe Property Damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(88) “Significant Industrial User” shall be as defined in Rule 62-625.200, F.A.C.

(89) “Substantial Modification” means a modification to the facility which is reasonably expected to lead to a substantially different environmental impact, or which involves a substantially different type of advanced treated water, treatment, or disposal system. A substantial modification includes changes in the characteristics of the advanced treated water, changes to the final disposition of the advanced treated water, or changes in the permitted capacity of the treatment system.

(90) “Source Control” means the elimination or control of the discharge of constituents into a wastewater collection system that at certain quantities can impact a reuse project.

(91) “Source Water” means allowable sources of water entering a potable reuse system.

(92) “Steady State” means a state in which all components of a system have achieved balance, where the volume of flow entering a system is equivalent to the volume of flow leaving a system.

(93) “Surface Water” shall be as defined in Rule 62-550.200, F.A.C.

(94) “Surrogate Parameter” means a measurable physical or chemical property that has been demonstrated to provide a direct correlation with the concentration of an indicator compound, can be used to monitor the efficiency of trace constituent removal by a treatment process and/or provides an indication of a treatment process failure.

(95) “Technology-Based Treatment Requirements (TBTR)” means those treatment requirements, and associated surrogate parameters, determined specifically for emerging constituents based on the pilot study results pursuant to Rule 62-565.560, F.A.C.

(96) “Tertiary Treatment” means advanced treatment of wastewater that goes beyond secondary treatment, as defined in Rule 62-565.200, F.A.C.

(97) “Total Organic Carbon (TOC)” shall be as defined in Rule 62-550.200, F.A.C.

(98) “Total Trihalomethanes (TTHM)” shall be as defined in Rule 62-550.200, F.A.C.

(99) “Treatment Reliability” means the ability of a treatment process or treatment train to consistently achieve the desired degree of treatment, based on its inherent redundancy, robustness, and resilience.

(100) “Treatment Technique” means the technology, when installed in an ATWF, which leads to the reduction of constituent levels.

(101) “Treatment Train” means a series of treatment technologies or processes to achieve a specific treatment or water quality goal or objective.

(102) “Trihalomethane (THM)” shall be as defined in Rule 62-550.200, F.A.C.

(103) “Virus” shall be as defined in Rule 62-550.200, F.A.C.

(104) “Well” shall be as defined in Rule 62-550.200, F.A.C.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.300 Forms and References

(1) Unless otherwise specified, the technical standards and criteria contained in the following manuals and technical publications listed below are provided to assist applicants and permittees comply with the requirements of this chapter.

(a) 40 CFR Part 122, Appendix D, (adopted and incorporated by reference in paragraph 62-620.100(3)(b), F.A.C., effective October 8, 2021).

(b) 40 CFR Part 136, (adopted and incorporated by reference in paragraph 62-620.100(3)(j), F.A.C., effective October 8, 2021).

(c) 40 CFR Part 141 Subpart Z, effective June 25, 2024, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17750) is hereby adopted and incorporated by reference.

(d) U.S. Environmental Protection Agency’s 2005 Membrane Filtration Guidance Manual, effective November 2005, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17735), is hereby adopted and incorporated by reference.

(e) Method A of ASTM International’s method D4194-23, effective 2023, is hereby adopted and incorporated by reference. This reference material is copyright protected. A copy of this publication may be inspected by contacting the Department’s Source and Drinking Water Program, Mail Station 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or the Department of State, The Capitol, 400 South Monroe Street, Room 701, Tallahassee, Florida 32399, in accordance with Section 120.54(1)(i)3.b., F.S., or available directly from the source.

(f) America’s Water Infrastructure Act (AWIA) of 2018, section 1433, effective 2018, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17736), is hereby adopted and incorporated by reference.

(g) 21 CFR Part 173.25, effective April 1, 2023, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17737), is hereby adopted and incorporated by reference.

(h) U.S. Environmental Protection Agency’s (EPA) Innovative Approaches for Validation of Ultraviolet Disinfection Reactors for Drinking Water Systems, effective April 2020, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17738), is hereby adopted and incorporated by reference.

(i) U.S. Environmental Protection Agency’s (EPA) Long Term 2 Enhanced Surface Water Treatment Rule: Toolbox Guidance Manual, effective April 2010, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17739), is hereby adopted and incorporated by reference.

(j) U.S. Environmental Protection Agency’s (EPA) Ultraviolet Disinfection Guidance Manual for the Final Long Term 2 Enhanced Surface Water Treatment Rule, effective November 2006, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17740), is hereby adopted and incorporated by reference.

(2) The forms and instructions used by the Department are listed in this rule. The rule numbers are the same as the form numbers. Copies of these forms and instructions may be obtained by writing to the Division of Water Resource Management, MS 3500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The Department adopts and incorporates by reference the following forms:

(a) Application for an Advanced Treatment Water Facility Permit, Form 62-565.300(2)(a), effective February 26, 2025, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17751), is hereby adopted and incorporated by reference.

(b) Notification of Completion of Construction of an Advanced Treatment Water Facility, Form 62-565.300(2)(b), effective February 26, 2025, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17744), is hereby adopted and incorporated by reference.

(c) Notification of Permit Transfer of an Advanced Treatment Water Facility, Form 62-565.300(2)(c), effective February 26, 2025, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17745), is hereby adopted and incorporated by reference.

(d) Advanced Treatment Water Facility Monitoring Report, Form 62-565.300(2)(d), effective February 26, 2025, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17746), is hereby adopted and incorporated by reference.

(e) Application for a Minor Revision to an Advanced Treatment Water Facility, Form 62-565.300(2)(e), effective February 26, 2025, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17747), is hereby adopted and incorporated by reference.

(f) Advanced Treatment Water Facility Annual Report, Form 62-565.300(2)(f), effective February 26, 2025 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17748), is hereby adopted and incorporated by reference.

(g) Notification of Availability of Record Drawings and Final Operation and Maintenance Manuals of an Advanced Treatment Water Facility, Form 62-565.300(2)(g) effective February 26, 2025, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17749), is hereby adopted and incorporated by reference.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.400 Signatories to Permit Applications and Reports

(1) All permit applications, reports, and other information requested by the Department under this Chapter shall be signed by a responsible official or by a designated representative of that person, as defined in Rule 62-565.200, F.A.C.

(2) If an authorization for the designated representative under subsection (1) of this rule, is no longer valid, a new authorization satisfying the requirements of subsection (1) of this rule, must be submitted to the Department prior to, or together with, any reports, information, or applications to be signed by an authorized representative.

(3) A responsible official or designated representative signing a document under subsection (1) of this rule, shall make the following certification:

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.500 Requirements for Potable Reuse Systems

(1) The ATWF permit application must include a joint operations plan, which shall address the elements in paragraphs (a) through (h) below:

(a) Pathogen inactivation monitoring and reporting as established in this chapter.

(b) Each facility’s responsibility in meeting all MCL requirements set forth in Chapter 62-550, F.A.C., and the log reduction requirements of Rule 62-565.530, F.A.C., prior to the distribution of finished drinking water.

(c) For indirect potable reuse systems, the joint operations plan shall identify all ASR systems associated with the potable reuse system.

(d) The procedures a wastewater treatment facility (WWTF) and an ATWF shall follow to notify the other facilities participating in the joint operations plan and the Department of:

1. Operational changes that may adversely affect the quality of the reclaimed water to be delivered to an ATWF or PWS, and

2. The events and corresponding corrective actions taken when the delivery of reclaimed water adversely affects the potable reuse system.

(e) Cybersecurity protocols in accordance with the America’s Water Infrastructure Act (AWIA) of 2018, section 2013, (adopted and incorporated by reference in paragraph 62-565.300(1)(e), F.A.C., effective 2018).

(f) Cross-connection control and separation distances between underground pipes, which shall be in accordance with Rules 62-555.360 and 62-610.469, F.A.C.;

(g) Corrective actions to be taken in the event that a delivery of advanced treated water from the ATWF to a PWS or a PWS distribution system fails to meet the applicable water quality requirements of Chapters 62-550, 62-555, and 62-610, F.A.C.; and

(h) The procedures to implement the comprehensive pretreatment and pollutant source control program’s requirements pursuant to Rule 62-565.505, F.A.C., including provisions to conduct source control investigations.

(2) A revised joint operations plan shall be submitted for review and approval to the Department not less than ninety (90) days prior to a change in the information provided pursuant to subsection 62-565.500(1), F.A.C.

(3) The pathogen requirements in Rule 62-565.530, F.A.C., shall be met by at least two separate treatment processes for enteric viruses, Giardia cysts, and Cryptosporidium oocysts. A separate treatment process may be credited with no more than 6.0-log reduction. To be acceptable, a treatment process may achieve no less than 1.0-log reduction. A single treatment process may receive log reduction credits for one or more pathogens.

(4) The treatment train shall include multiple, independent treatment barriers (i.e., redundancy, as defined in Rule 62-565.200, F.A.C.), for the control of organic compounds and pathogens.

(5) Design criteria shall address hazard identification, risk assessment, the identification of at least two treatment barriers, in addition to the comprehensive pretreatment and pollutant souce control program in Rule 62-565.505, F.A.C., for regulated parameters and constituents of emerging concerns, critical control points and corrective actions.

(6) Prior to placing a full-scale potable reuse system into operation, the applicant shall provide reasonable assurance that all treatment processes are installed and are achieving, as designed, the intended functions and can be operated by certified treatment process operators who meet the requirements in subsection 62-565.590(6), F.A.C. An operating protocol describing the actions to be taken to meet this subsection shall be included in the engineering report and shall be available at the facility during inspections.

(7) ATWF permittees shall meet the reliability and redundancy requirements in subsection 62-555.320(13), F.A.C.

(8) ATWF permittees shall meet the standby power requirements in paragraphs 62-555.320(14)(b) though (f), F.A.C.

(9) ATWFs shall be subject to the same setback distance requirements established in subsection 62-555.312(3), F.A.C.

(10) The setback distance described in subsection (9) above, shall be reduced, but in no case to less than 50 feet from sanitary hazards that pose a potentially high risk to water quality and public health and no less than 25 feet from sanitary hazards that pose a moderate risk to water quality and public health, if the applicant provides an affirmative demonstration in the engineering report that reclaimed water will not migrate to the potable water supply well as a result of conditions including the following: the presence, thickness, and extent of natural barriers including impermeable geological strata; the design and construction of the ATWF; the water treatment provided; or the use of alternative means to reduce public health risks, including the use of encasement or restrained joints to eliminate or minimize leakage from a pipeline that is a sanitary hazard, or the use of additional monitoring.

(11) Potable Reuse Systems shall provide safe access points for obtaining representative samples which are required by this chapter.

(12) During full-scale operation of the treatment process designed pursuant to Rule 62-565.560, F.A.C., the applicant shall be subject to the same requirements included in Rule 62-555.350, F.A.C., and continuously monitor the applicable surrogate and operational parameters established pursuant to Rule 62-565.560, F.A.C. The applicant shall implement, in full-scale operation, the treatment process as designed pursuant to Rule 62-565.560, F.A.C.

(13) Each quarter, the ATWF permittee shall calculate the percent of results of the quarter’s monitoring that did not meet the surrogate and operational parameter permit limits established to assure proper on-going performance of the treatment process. If greater than ten percent of the monitoring results did not meet surrogate and operational parameter permit limits, within 45 days after the end of the quarter the ATWF permittee shall submit a report to the Department describing the corrective actions planned or taken to reduce the percent to ten percent or less. The permittee shall consult with the Department and, if required, comply with an alternative monitoring plan approved by the Department.

(14) Sampling collection and analysis shall be performed using appropriate methods and standard operating procedures (SOPs) in 40 CFR Part 136, (adopted and incorporated by reference in paragraph 62-620.100(3)(j), F.A.C., effective October 8, 2021), 40 CFR Part 141 Subpart C, (adopted and incorporated by reference in subsection 62-550.550(1), F.A.C., effective July 7, 2015), 40 CFR Part 141 Subpart Z, (adopted and incorporated by reference in paragraph 62-565.300(1)(c), F.A.C., effective June 25, 2024), and Chapter 62-160, F.A.C. Where necessary, the permittee may request approval of alternate procedures and laboratory methods or for alternative MDLs or PQLs.

(15) Except as specifically provided in Rule 62-160.300, F.A.C., any laboratory test required by this chapter, for which methods have already been established and approved in 40 CFR Part 136, (adopted and incorporated by reference in paragraph 62-620.100(3)(j), F.A.C., effective October 8, 2021), 40 CFR Part 141 Subpart C, (adopted and incorporated by reference in subsection 62-550.550(1), F.A.C., effective July 7, 2015), 40 CFR Part 141 Subpart Z, (adopted and incorporated by reference in paragraph 62-565.300(1)(c), F.A.C., effective June 25, 2024), and Chapter 62-160, F.A.C., shall be performed by a laboratory that has been certified by the Department of Health Environmental Laboratory Certification Program (DOH ELCP) for the matrix, test method, and analyte(s) being measured to comply with the permit. For ATWFs, testing for parameters listed in subsection 62-160.300(4), F.A.C., shall be conducted under the direction of a licensed operator.

(16) After construction is complete and prior to placing an ATWF into full-scale operation, the permittee must provide the Department with the results of a full-scale demonstration for each unit process of the ATWF.

(a) The full-scale demonstration shall be conducted for a minimum of thirty consecutive days while the ATWF is achieving steady state.

(b) During the full-scale demonstration, sampling for all permit limitations contained in the ATWFs Department-issued permit must be conducted a minimum of one time. The sampling results from the full-scale demonstration shall be submitted to the Department on the Advanced Treatment Water Facility Monitoring Report, DEP Form 62-565.300(2)(d), (adopted and incorporated by reference in paragraph 62-565.300(2)(d), F.A.C., effective February 26, 2025).

(c) If the results of the sampling for the full-scale demonstration provide reasonable assurance that all permit limitations can be met, the Department shall issue a letter of clearance to place the ATWF into full-scale operation.

(17) Following full-scale implementation of a potable reuse system, the permittee shall submit an annual report on Advanced Treatment Water Facility Annual Report, DEP Form 62-565.300(2)(f), (adopted and incorporated by reference in paragraph 62-565.300(2)(f), F.A.C., effective February 26, 2025) no later than July 1 of each year.

(18) Liquid chemical storage tanks or containers shall be located and secondary containment provided so that chemicals from equipment failure, spillage or accidental drainage shall not enter the water in conduits, treatment or storage basins. Secondary containment shall be capable of containing 110 percent of the capacity for the largest, single tank or container capacity present and the materials used for secondary containment shall be:

(a) Impervious to the stored liquid chemicals and able to withstand deterioration from external environmental conditions;

(b) Non-corrosive or of corrosion-protected materials;

(c) Capable of containing liquid chemicals for at least 30 days; and

(d) Of sufficient thickness and strength to withstand hydrostatic forces at maximum capacity to prevent a discharge during its operating life.

(19) Piping shall be designed to minimize or contain liquid chemical spills in the event of pipe ruptures.

(20) Double-walled pipes, tanks or containers do not require additional secondary containment.

(21) Secondary containment systems shall be designed and installed to direct any release to a monitoring point or points.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.505 Industrial Pretreatment Requirements for Potable Reuse Systems

(1) A comprehensive pretreatment and pollutant souce control program shall be developed and implemented for all potable reuse projects regulated under this chapter.

(2) The comprehensive pretreatment and pollutant source control program shall include a Department approved pretreatment program for each wastewater treatment facility associated with the potable reuse system, in accordance with Chapter 62-625, F.A.C. Each Control Authority shall develop and adopt local discharge limitations in accordance with Chapter 62-625, F.A.C.

(3) The Control Authority shall adopt the legal authority to implement the comprehensive pretreatment and pollutant source control program, including authority for oversight, inspection and enforcement, and review of new connections to the collection system in accordance with Chapter 62-625, F.A.C.

(4) The Control Authority shall conduct a source investigation, which includes an environmental fate and transport assessment, based on analytical data, process knowledge or other reasonable estimation techniques for each chemical or constituent that has the potential to pass through or cause interference with the potable reuse system and meets one of the following criteria:

(a) Is identified pursuant to subsection 62-625.600(8), F.A.C.;

(b) Has a primary or secondary drinking water quality standard established in Rules 62-550.310 or 62-550.320, F.A.C.; or

(c) Has an applicable standard established in Chapters 62-302, 62-304, or 62-565, F.A.C.

(5) The Control Authority shall develop a pretreatment outreach program to industrial users within the portions of the wastewater collection system service area that serves as the source for potable reuse systems for the purpose of managing and minimizing the discharge of chemicals and constituents in the wastewater that may adversely effect the potable reuse system.

(6) The Control Authority shall develop and maintain a current inventory of chemicals and constituents identified and evaluated pursuant to subsection 62-625.600(8), F.A.C., including new chemicals and constituents resulting from new sources or changes to existing sources, that may be discharged into the wastewater collection system.

(7) Significant industrial users shall implement a slug control plan that includes, at a minimum, all elements in sub-subparagraphs 62-625.500(2)(b)6.a. through d., F.A.C. The plan shall be re-evaluated annually and updated as necessary.

(8) The Control Authority shall develop a surveilance program to receive early warning of a potential occurance, including a power outage, that could adversely affect the potable reuse system treatment process and may include the following:

(a) On-line monitoring instrumentation that measures parameter(s) that may indicate a chemical peak resulting from an illicit discharge; and

(b) Notification by the local pretreatment program to the wastewater facility, advanced treatment water facility and public water system of any discharge that results in the release of constituents above industrial user discharge limitations.

(9) The Control Authority shall develop and implement a continuous improvement plan for performance and reliability of the early warning system. The plan shall be re-evaluated at least once every two years and revised accordingly. Upon request by the Control Authority, this requirement shall be deferred when other mitigation measures, including additional treatment barriers, blending, effluent monitoring, and diversion, provide reasonable assurance that discharges from industrial users will not cause pass through or interference with the potable reuse system. This deferment shall remain in effect for the duration of the Control Authority’s wastewater facility permit cycle or five years, whichever is less.

(10) The Control Authority shall perform an annual review to address all aspects of the comprehensive pretreatment and pollutant source control program.

(11) In addition to the annual control authority report requirements in subsection 62-625.600(8), F.A.C., the report shall also include:

(a) A summary of all analytical results of influent and effluent and removal efficiencies for the indicator compounds. The indicator compounds and compounds identified in paragraph 62-625.600(8)(f), F.A.C., shall be monitored at a minimum of once every six months.

(b) Whether or not the facility complied with all applicable potable reuse system requirements, and if not, whether any noncompliance was a result of non-domestic discharges;

(c) A summary of all triggers of early warning systems and consequent responses; and

(d) A summary of all enhancements to real-time monitoring and early warning systems.

(12) The development and evaluations of local limits in accordance with Chapter 62-625, F.A.C., shall be certified by a professional engineer registered in the State of Florida. Where required by Chapter 471, F.S., applicable portions of the report shall be signed and sealed by a professional engineer.

(13) Control Authorities who do not receive discharges from significant industrial users shall notify the Department within 30 days of learning of a significant industrial user’s intent to discharge to a wastewater facility associated with the potable reuse system.

(14) The ATWF permit application shall include proof of final Department approval(s) for a comprehensive pretreatment and pollutant souce control program that meets the requirements of this rule and a statement that all significant industrial user permits have been updated and reissued to include the requirements of this rule.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.510 Aquifer Storage and Recovery (ASR) Systems Associated with Potable Reuse Systems

(1) ATWFs with an associated ASR system for indirect potable reuse shall be designed and operated to meet the primary and secondary drinking water standards established in Rules 62-550.310 and 62-550.320, F.A.C.

(2) The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limits. The primary drinking water standard for asbestos shall not apply. The primary drinking water standard for sodium shall be applied as a maximum annual average permit limitation. The multipliers established in subsection (3) below shall be used to establish maximum monthly and single sample maximum permit limits for sodium.

(3) Except for pH, the parameters listed as secondary drinking water standards shall be applied as maximum annual average permit limits. The multipliers established below shall be used to establish maximum monthly and single sample maximum permit limits.

Statistical Basis

Multiplier

Annual Average

1.0

Monthly Average

1.25

Single Sample

2.0

(4) All pH observations for ASR systems shall fall within the pH range established in the secondary drinking water standards.

(5) In addition to the requriements outlined in this chapter, ASR systems associated with potable reuse systems shall also be subject to the requirements of Rule 62-610.466, F.A.C.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.520 Off-spec Storage Requirements for Advanced Treatment Water Facilities

(1) For an ATWF for which there are alternative reuse or disposal systems permitted, those alternative reuse or disposal systems may be used for the management of off-spec water. For an ATWF for which there are no alternative reuse or disposal systems permitted, a separate, off-line system for storage of off-spec water shall be provided.

(2) For an ATWF connected to a public water system with the capability of treating to primary and secondary drinking water standards, the storage requirements are as follows:

(a) Off-spec storage ponds shall have sufficient storage capacity to assure the retention of the off-spec reclaimed water under adverse water conditions and maintenance of equipment. Off-spec storage ponds shall meet the following requirements:

1. A minimum of 30 years of recent climatic data determined by the National Centers for Environmental Information shall be used in storage volume determinations.

2. Off-spec storage ponds shall be designed in a manner which allows for the impoundment of rainfall equal to that of the 25-year, 3-day 24-hour storm event, as defined by the respective Water Management District, in which the facility is located.

(b) Analytical means of determining off-spec storage requirements shall be used and shall account for all water inputs into the system, including water balance calculations or computer hydrological programs. Analysis shall be based on site specific data.

(c) The methods and assumptions used for determining the off-spec storage requirements shall be included described and justified in the engineering report required in Rule 62-565.570, F.A.C.

(d) For off-spec storage ponds using non-synthetic liners, the permeability, durability, strength, thickness, and integrity of the liner shall be satisfactorily demonstrated for anticipated pressure gradient, climatic conditions, installation and daily operation conditions. A quality assurance/quality control plan which substantiates the adequacy of the liner, and its installation shall be incorporated into the engineering report required in Rule 62-565.570, F.A.C.

(e) For off-spec storage ponds using synthetic liners, the liners shall be installed in accordance with the manufacturer’s specifications and recommendations. Documentation of quality assurance and quality control activities on liner installation along with permeability or seepage test results shall be submitted to the Department prior to the ATWF being placed in operation.

(f) For unlined off-spec storage ponds, a ground water monitoring plan prepared in accordance with Rule 62-520.600, F.A.C., shall be incorporated into the ATWF permit.

(g) Off-spec storage ponds shall provide a minimum freeboard of three feet.

(h) Provisions for the control of algae shall be included in the design, operation, and maintenance and shall be described in the engineering report. Pond design shall also address the control of mosquito breeding habitat. Minimum pond depths (excluding freeboard but including the design operating range) of six feet, with inside bank side slopes steeper than 3:1 (horizontal to vertical), but no steeper than 1:1, are required to discourage growth of rooted aquatic weeds. Maintenance of a minimum pond water depth of 18 inches is required. Routine aquatic weed control and regular maintenance of pond embankments and access areas are required. The use of other depth criteria for mosquito control shall be justified in the engineering report.

(i) Off-spec storage ponds shall be designed and maintained consistent with sound engineering practices to prevent the deliberate introduction of stormwater.

(j) The siting of the off-spec storage ponds shall be addressed in the engineering report in prepared under Rule 62-565.570, F.A.C. Off-spec ponds shall be sited to avoid areas of uneven subsidence, sinkholes, pockets of organic matter or other unstable soils. Ponds used to impound reclaimed water above natural grade shall be designed to prevent failure of the embankment due to hydrostatic forces, seepage or soil piping, wind and wave action, erosion, and other anticipated conditions. Results from field and laboratory tests from an adequate number of test borings and soil samples shall be the basis for computations pertaining to seepage and stability analyses.

(3) For an ATWF that uses storage tanks for storage of off-spec water, the storage requirements are as follows:

(a) Off-spec storage tanks shall have sufficient storage capacity to assure the retention of the off-spec reclaimed water with a minimum of 1.2 times the design flow capacity of the ATWF.

(b) Off-spec storage tanks shall be designed and installed in accordance with the applicable American Water Works Association (AWWA) standard (adopted and incorporated by reference in Rule 62-555.330, F.A.C., effective May 5, 2014).

(c) Off-spec storage tanks shall be checked at least annually to ensure that hatches are closed, and screens are in place; shall be cleaned at least once every five years to remove bio-growths, calcium or iron/manganese deposits, and sludge from inside the tanks; and shall be inspected at least once every five years for structural and coating integrity by personnel under the responsible charge of a professional engineer licensed in Florida.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.530 Pathogen Requirements for Potable Reuse Systems

(1) The applicant must provide reasonable assurance that the treatment techniques being used reduce the combined health risk of acute gastroenteritis for consumers drinking the water to less than 1 in 10,000 annually. The treatment technique requirements consist of installing and properly operating filtration and disinfection water treatment processes that reliably achieve:

(a) For Giardia lamblia cysts: a 12-log reduction between the raw wastewater and the finished drinking water with at least 50 percent reduction achieved between a point where the source water is not subject to recontamination and a point downstream;

(b) For Cryptosporidium oocytes: a 12-log reduction between the raw wastewater and the finished drinking water with at least 50 percent reduction achieved between a point where the source water is not subject to recontamination and a point downstream; and

(c) For enteric viruses (including rotaviruses and noroviruses): a 14-log reduction between the raw wastewater and the finished drinking water with at least 50 percent reduction achieved between a point where the source water is not subject to recontamination, exposed during treatment to the open atmosphere and a point downstream.

(2) For the purpose of meeting the requirements of subsection (1) above, log reduction credits for every point of treatment barrier from the domestic wastewater treatment facility, environmental buffer, ATWF and PWS may be included in calculation of the total log reduction credits achieved for each of Giardia lamblia cysts, Cryptosporidium oocytes, and enteric viruses. Aerators and other facilities that are protected against contamination from birds, insects, wind borne debris, rainfall, and drainage are not considered to be exposing water to the open atmosphere and possible viral contamination.

(3) An applicant shall propose values for log reduction value credits in its engineering report based on engineering analysis, pilot studies, available research, and guidance.

(4) Membrane filtration systems, including microfiltration, ultrafiltration, nanofiltration, reverse osmosis, or alternative membrane treatment technologies shall be awarded additional pathogen log reduction value credits by conducting a Department-approved direct integrity test in accordance with the U.S. Environmental Protection Agency’s 2005 Membrane Filtration Guidance Manual, (adopted and incorporated by reference in paragraph 62-565.300(1)(c), F.A.C., effective February 26, 2025). The Department shall approve credits if the results of direct integrity tests and other associated technical data support the proposed direct integrity tests suitability and sensitivity for the proposed pathogen and membrane filtration technology. For example, this may take the form of a daily pressure decay test for Cryptosporidium and Giardia removal by ultrafiltration (an example of a direct integrity test), and online monitoring of sulfate removal by reverse osmosis as a surrogate parameter for enteric virus removal.

(5) Ultraviolet (UV) systems shall comply with the treatment and operational requirements set forth in Rules 62-565.560, 62-565.570, and 62-565.580, F.A.C.

(6) During full-scale operation of the oxidation process designed pursuant to subsection 62-565.560(7), F.A.C., the applicant shall continuously monitor the surrogate and operational parameters established pursuant to paragraphs 62-565.560(7)(c) or 62-565.560(7)(d), F.A.C. The applicant shall implement, in full-scale operation, the oxidation process, as designed pursuant to subsection 62-565.560(7), F.A.C.

(7) Potable Reuse Systems with significant deficiencies related to the treatment process shall not receive the log reduction value credits in subparagraph 62-550.817(2)(b)2., F.A.C., without Department approval. The Department will notify the permittee of such systems in writing of any Department-assigned log reduction value credits that are lower than the credits shown in subparagraph 62-550.817(2)(b)2., F.A.C. The Department will assign reductions in log reduction value credits according to the criteria in the Department’s “Compliance Manual for Subpart H systems,” (adopted and incorporated by reference in subparagraph 62-550.817(2)(b)3., F.A.C.).

(8) Potable Reuse Systems shall meet the requirements of subsections 62-565.530(1)(a) through (c), F.A.C., by:

(a) Determining CTcalc, as defined in Rule 62-565.200, F.A.C.;

(b) Estimating log-inactivation for the CTcalc for Giardia lamblia cysts and enteric viruses; and

(c) Showing that 95 percent of the daily measurements taken each month meet or exceed the minimum log-inactivation disinfection requirements set forth in Rule 62-565.530, F.A.C.

(9) A violation of the requirement set forth in Rule 62-565.530, F.A.C., is a treatment technique violation.

(10) If, in any daily measurement, log-inactivation levels are insufficient to meet the requirements established in this rule, the operator shall take immediate steps to increase disinfection levels.

(11) The permittee must use a minimum of three separate critical control points for pathogen reduction including one disinfection control point and one filtration control point.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.540 Monitoring Requirements for Advanced Treatment Water Facilities and Potable Reuse Systems

(1) For the purposes of this Chapter, all analytes and parameters shall be measured using approved EPA drinking water test methods, as identified in Rule 62-550.550, F.A.C. When an approved EPA drinking water test method is unavailable, other accepted published methods approved by the department shall be used for measuring.

(2) In addition to the surrogate and operational parameters monitoring requirements in paragraphs 62-565.560(7)(c) and (d), and subsections 62-565.560(8) and (9), F.A.C., the minimum requirements for sampling and monitoring are specified in Table 1 below:

Table 1: Monitoring Frequencies for ATWFs

Constituent or Disinfectant Residual Group

Frequency of Routine Monitoring

Sample Type

Monitoring Location

Flow

Continuous

In-line meter

ATWF Influent, Internal Outfall, and ATWF Effluent

pH

Continuous

In-line meter

ATWF Influent, Internal Outfall, and ATWF Effluent

Temperature

Continuous

In-line meter

ATWF Influent, Internal Outfall, and ATWF Effluent

CBOD5

Daily

Grab

ATWF Influent

TSS

Daily

Grab

ATWF Influent, Internal Outfall, and ATWF Effluent

Total Organic Carbon (TOC)

Daily

Grab

ATWF Influent, Internal Outfall, and ATWF Effluent

Total Organic Halogen (TOX)

Weekly

Grab

ATWF Influent, Internal Outfall, and ATWF Effluent

Giardia lamblia, Cryptosporidium, and enteric viruses

Monthly

Grab

ATWF Influent and ATWF Effluent

Total coliform

Daily

Grab

ATWF Effluent

E. coli

Daily

Grab

ATWF Effluent

Nitrate and Nitrite

Monthly

Composite

ATWF Effluent

Inorganics1

Monthly

Composite

ATWF Effluent

Chlorine and/or Chloramines2

Continuous

In-line meter

ATWF Effluent

Sodium

Monthly

Grab

ATWF Influent, Internal Outfall, and ATWF Effluent

Chlorine Dioxide3

Continuous

In-line meter

ATWF Effluent

Chlorite3

Daily

Grab

ATWF Effluent

Bromate4

Daily

Grab

ATWF Effluent

Volatile Organics1

Monthly

Grab

ATWF Effluent

Synthetic Organics1

Monthly

Composite

ATWF Effluent

Secondary Contaminants1

Monthly

Composite

ATWF Effluent

Gross alpha, Radium-226 and Uranium1

Monthly

Grab

ATWF Effluent

Beta Particle and Photon Radioactivity1

Monthly

Grab

ATWF Effluent

Ultraviolet Dose5

Continuous

In-line meter

Internal Outfall

Ultraviolet Transmission at 254 nanometers5

Continuous

In-line meter

Internal Outfall

Ultraviolet Light Intensity5

Continuous

In-line meter

Internal Outfall

Ozone4

Continuous

In-line meter

ATWF Effluent

Perfluorooctanoic Acid (PFOA)6

Quarterly

Grab

ATWF Influent and ATWF Effluent

Perfluorooctane Sulfonic Acid (PFOS)6

Quarterly

Grab

ATWF Influent and ATWF Effluent

Perfluorohexane Sulfonate (PFHxS)6

Quarterly

Grab

ATWF Influent and ATWF Effluent

Perfluorononanoic Acid (PFNA)6

Quarterly

Grab

ATWF Influent and ATWF Effluent

Hexafluoropropylene Oxide Dimer Acid (HFPO-DA)6

Quarterly

Grab

ATWF Influent and ATWF Effluent

Perfluorobutane Sulfonate (PFBS)6

Quarterly

Grab

ATWF Influent and ATWF Effluent

Hazard Index6, 7

Quarterly

Calculated

ATWF Influent and ATWF Effluent

1Inorganics, Volatile Organics, Synthetic Organics, Secondary Contaminants, Gross alpha, Radium-226 and Uranium, and Beta Particle and Photon Radioactivity shall be as defined in Chapter 62-550, F.A.C.

2For those systems using chlorine or chloramines for disinfection.

3For those systems using chlorine dioxide for disinfection.

4For those systems using ozone for disinfection.

5For those systems using ultraviolet for disinfection.

6Per- and Polyfluoroalkyl Substances (PFAS) field testing, sample collection and preservation, laboratory testing, including quality control procedures, and all record keeping shall comply with Chapters 62-160 and 62-550, F.A.C. The analytical test methods shall be sufficiently sensitive to ensure department-established MDLs and PQLs are met.

7The Hazard Index (HI) is made up of a sum of fractions. Each fraction compares the level of each PFAS measured in the water to the highest level determined not to have risk of health effects.

Step 1. Divide the measured concentration of PFHxS by the health-based value of 9 ng/L.

Step 2. Divide the measured concentration of PFNA by the health-based value of 10 ng/L.

Step 3. Divide the measured concentration of HFPO-DA by the health-based value of 10 ng/L.

Step 4. Divide the measured concentration of PFBS by the health- based value of 2000 ng/L.

Step 5. Add the ratios from steps 1-4 together using the following equation:

Hazard Index = ([PFHxS]/[10 ng/L]) + ([PFNA]/[10 ng/L]) + ([HFPO-DA]/[10 ng/L]) + ([PFBS] /[2000 ng/L])

Step 6. To determine HI compliance, repeat steps 1-5 for each sample collected in the past year and calculate the average HI for all the samples taken in the past year.

(3) ATWFs discharging to surface waters of the state shall also be subject to the applicable monitoring requirements established in Chapters 62-302, and 62-304, F.A.C.

(4) For Giardia lamblia, Cryptosporidium, and enteric viruses, if there are no detects in the advanced treated water for two years, the permittee may notify the Department of the applicant’s intent to transition to bi-annual monitoring.

(5) With the exception of radionuclides, for the parameters listed in Table 1 which have an established MCL, if there are no exceedances of one half of the established MCL in finished advanced treated water samples for one year, the permittee may notify the Department of the applicant’s intent to transition to quarterly sampling.

(6) With the exception of radionuclides, for the parameters listed in Table 1 which have an established MCL, if there are no exceedances of one half of the established MCL in finished advanced treated water samples for two years following the transition to quarterly sampling, the permittee may notify the Department of the applicant’s intent to transition to bi-annual sampling.

(7) For the radionuclides identified in Table 1, if there are no exceedances of one half of the established MCL in finished advanced treated water samples for one year, the permittee may notify the Department of the applicant’s intent to transition to quarterly sampling.

(8) For the radionuclides identified in Table 1, if there are no exceedances of one half of the established MCL in finished advanced treated water samples for one year following the transition to quarterly sampling, the permittee may notify the Department of the applicant’s intent to transition to annual sampling.

(9) For the PFAS and HI identified in Table 1, if there are no exceedances of one half of the established MCL for all PFAS and HI constituents in finished advanced treated water samples for one year, the permittee may notify the Department of the applicant’s intent to transition to triennial sampling.

(10) For the PFAS and HI identified in Table 1, if there are no exceedances of the MCL for all PFAS and HI constituents in finished advanced treated water samples for one year, the permittee may notify the Department of the applicant’s intent to transition to annual sampling.

(11) If a permittee is on reduced monitoring for any of the parameters identified in subsections 62-565.540(4)-(10), F.A.C., and does not meet the reduced monitoring criteria for any sampling event, the permittee shall resume monitoring in accordance with the frequencies outlined in Table 1 for that parameter.

(12) Continuous Monitoring of pH.

(a) The permittee shall maintain the pH of reclaimed water and advanced treated water within the range set forth in the ATWF permit, except excursions from the range are permitted subject to the following limitations:

1. The total time during which the pH values are outside the required range of pH values shall not exceed 7 hours and 26 minutes in any calendar month; and

2. No individual excursion from the range of pH values shall exceed 60 minutes.

(b) The applicant may request an adjustment of the requirements set forth in paragraph (a) of this subsection with respect to the length of individual excursions from the range of pH values, and the Department shall approve the requested adjustment if a different period of time is appropriate based upon the treatment system, plant configuration or other related technical factors.

(c) An excursion is an unintentional and temporary incident in which the pH value of reclaimed water or advanced treated water exceeds the range set forth in the advanced treatment water facility permit.

(13) The Department shall allow use of continuous monitoring equipment, for those parameters identified in Table 1 requiring a grab sample, if all of the following conditions are met:

(a) The applicant provides an affirmative demonstration that the proposed monitoring equipment will provide a means for controlling the process that is at least as reliable and accurate as a grab sample.

(b) The proposed monitoring equipment will generate a continuous reading.

(c) The proposed monitoring equipment will be equipped with an automated data logging or recording device.

(d) The proposed monitoring equipment shall be calibrated according to the requirements of Chapter 62-160, F.A.C.

(e) The proposed monitoring equipment shall be maintained according to the manufacturer’s operation and maintenance instructions.

(f) The use of the proposed monitoring equipment and setpoints associated with use of the proposed monitoring equipment shall be fully incorporated into the operating protocol.

(14) In addition to the monitoring requirements established in subsection 62-565.540(2), F.A.C., ATWFs shall conduct semi-annual sampling of the water entering and exiting the ATWF for the toxic pollutants that have been identified under 40 CFR Part 122, Appendix D, (adopted and incorporated by reference in paragraph 62-620.100(3)(b), F.A.C., effective October 8, 2021).

(15) Monitoring Locations.

(a) All samples shall be collected in accordance with the monitoring locations identified in table 1 above.

(b) For influent sampling, a minimum of one sample shall be taken at every entry point to the treatment system that is representative of each source before treatment. If an ATWF draws water from more than one source and the sources are combined before treatment, samples shall be taken at an entry point to the treatment system during periods of typical operating conditions (e.g., when water is representative of the sources being used).

(c) For effluent sampling, a minimum of one sample shall be taken at every discharge point from the treatment system that is representative of the advanced treated water leaving the ATWF prior to blending with other sources of water. For ATWFs involving high-level disinfection, compliance with the TSS limitations shall be achieved, and sampled for, after filtration and before application of the disinfectant.

(d) For internal outfall sampling, a minimum of one sample shall be taken at the internal outfall or outfalls identified in the Department approved Operating Protocol.

(e) The location of monitoring sites shall meet the requirements set forth in subsection 62-565.500(11), F.A.C.

(f) Sampling shall demonstrate compliance with the TBTRs for emerging constituents , pathogen reduction, and site-specific indicator compound and surrogate parameter requirements set forth in this chapter.

(g) Samples shall be taken at the monitoring sites specified in the permit, unless the permittee receives prior approval from the Department to use an alternate site where a represenatitve sample can be collected.

(16) Grab samples shall be collected during periods of minimal treatment plant pollutant removal efficiencies. The actual time and flow conditions during which such samples are taken shall be recorded.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.550 Reporting Requirements for Advanced Treatment Water Facilities

(1) As required by the permit, the permittee shall submit monitoring results on Form 62-565.300(2)(d), (adopted and incorporated by reference in paragraph 62-565.300(2)(d), F.A.C., effective February 26, 2025), as follows:

(a) Monitoring results shall be submitted to the Department on the Advanced Treatment Water Facility Monitoring Report, DEP Form 62-565.300(2)(d), (adopted and incorporated by reference in paragraph 62-565.300(2)(d), F.A.C., effective February 26, 2025). As of December 1, 2026, or a Department-approved alternative date, monitoring results shall be electronically submitted using the Department’s Business Portal at http://www.fldepportal.com/go/. Reports shall be submitted by the 28th day of the month following the month of operation; and,

(b) Monitoring Reports shall be submitted for each required monitoring period including periods of no discharge.

(2) The ATWF permittee shall be responsible for reporting the log-reduction values for the pathogen inactivation requirements established in Rule 62-565.530, F.A.C., for the potable reuse system. If the pathogen inactivation requirements are being met across the entirety of the potable reuse system, the ATWF permittee shall submit analytical results from the other members entered into the joint operations plan to demonstrate compliance with the aforementioned requirements.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.560 Pilot Testing Program

(1) Pilot testing is required for all ATWF projects.

(2) Approval of the pilot testing plan of study shall be obtained before the pilot testing program commences. The request for the pilot testing plan of study approval shall, at a minimum, describe and establish the monitoring and reporting requirements for the pilot testing program. Applicable portions of the detailed plan of study shall be signed and sealed by a professional engineer or professional geologist registered in the State of Florida. The ensuing plan of study shall be approved in writing by the Department and shall be binding upon the Department and the applicant. During the course of the study, the plan of study may be amended by written agreement between the Department and the applicant. The applicant shall coordinate with the Department during the study and shall present the study results to the Department. Failure to comply with the plan of study may result in the Department’s rejection of some or all of the data.

(a) Within 30 days of receipt of a pilot testing plan of study, the Department shall request additional information if the plan of study is not complete. The Department’s request for additional information shall specify a time period for the applicant’s submittal of the requested information, which shall not be less than 45 days from the applicant’s receipt of the Department’s request. Within 90 days of receipt of a complete pilot testing plan of study, the Department shall either approve, deny, or approve the pilot testing plan of study with conditions. The Department’s determination shall be based solely on its evaluation of the requirements in subsections (3) through (11) below.

(b) Within 21 days of receipt of notice of agency action on the pilot testing plan of study, an applicant may file a petition in accordance with subsections 62-110.106(2) and (3), F.A.C., concerning the Department’s approval, denial, or approval of the pilot testing plan of study with conditions. The Department’s decision shall be agency action, reviewable in accordance with Sections 120.569 and 120.57, F.S.

(3) The plan of study shall:

(a) Address the requirements of this rule, as well as the following:

(b) Include a schedule, with interim milestones, for the completion of the pilot study;

(c) Include the results of the Source Water Evaluation;

(d) Identify and establish treatment and disinfection processes;

(e) Identify proposed treatment processes to meet reclaimed water limitations;

(f) Identify and evaluate emerging constituents and surrogate parameters in the reclaimed water and removal by the proposed treatment process based on the results of the Source Water Evaluation, and proposed TBTRs;

(g) Identify and evaluate reducing target pathogens and surrogate parameters from the treatment processes;

(h) Identify mechanism of pathogen removal by treatment processes;

(i) Evaluate how the treatment processes will achieve primary and secondary drinking water standards;

(j) Identify and evaluate challenges related to treatment processes;

(k) Identify operational monitoring parameters used to measure the performance throughout the treatment processes;

(l) Identify critical control points for improved process control and system reliability;

(m) Evaluate and estimate cost of the operation and maintenance and conceptual site plan; and

(n) The plan of study shall describe the monitoring and reporting requirements for the pilot testing program.

(4) Pilot testing shall be performed using reclaimed water. The pilot testing program shall:

(a) Meet the requirements of Rules 62-565.500, .510, .520, and .530, F.A.C.;

(b) Ensure that all sampling results are at or below the maximum contaminant levels (MCLs), and within the allowable residual disinfectant levels in accordance with Rule 62-550.310, F.A.C.;

(c) Meet the treatment technique requirements established in Rules 62-565.500 and .530, F.A.C.;

(d) Evaluate the suitability of the reclaimed water for potable reuse and identify critical control points for improved process control and treatment reliability, based on the requirements of this chapter; and

(e) Provide an affirmative demonstration that the finished drinking water will be of sufficient quality to protect public health and environmental quality and that the proposed treatment and disinfection processes in the potable reuse system are capable of meeting the treatment and disinfection requirements in Chapters 62-550, 62-555, 62-565, 62-600, and 62-610, F.A.C. For direct and indirect potable reuse systems, an evaluation of enteric viruses, Cryptosporidium, and Giardia lamblia is required in order to provide reasonable assurance the potable reuse system is capable of producing a reclaimed water that meets the requirements of Rule 62-565.530, F.A.C.

(f) Include an evaluation of constituents in the influent that may be difficult to remove or are precursors to disinfection byproduct formation. Constituents evaluated must include those believed present that are listed in 40 CFR Part 122, Appendix D, (adopted and incorporated by reference in paragraph 62-620.100(3)(b), F.A.C., effective October 8, 2021).

(g) Include a determination of the mutagenicity of the reclaimed water, as determined by the results of a biological risk assessment approved by the Department.

(h) Include a comparison of the quality of water produced in the pilot study to other sources of drinking water currently used in the area.

(5) The pilot testing program shall accumulate a minimum of twelve months of data for the final treatment design.

(6) Upon request by the applicant, and subsequent approval by the Department, the requirements of a pilot testing program shall be altered as follows:

(a) A reduction in the duration or scope of the pilot testing program if the following conditions are met:

1. The applicant provides a detailed plan of study for the Department’s review and obtains approval before initiating the pilot testing program.

2. Applicable portions of the detailed plan of study are signed and sealed by a professional engineer or professional geologist registered in the State of Florida, where required by Chapter 471 or 492, F.S.

3. The detailed plan of study provides reasonable assurance that a shorter duration study or reduced scope of study will be sufficient to demonstrate the ability of the proposed treatment processes to meet the requirements of this chapter, and to demonstrate the public health and environmental safety of the advanced treated water to be produced. Results of previous pilot testing programs, use of commercially proven technologies, available research and guidance, and operating experience at similar water reclamation and reuse projects may be used as part of the demonstration.

(b) Upon request by the applicant, and subsequent approval by the Department, an elimination of the requirement to conduct a pilot testing program shall be authorized if the following conditions are met:

1. The applicant provides a detailed source water characterization demonstrating that there are no constituents in the source water that will interfere with or pass through the selected treatment technology used in a comparable potable reuse system that has been piloted or put into commercial operation.

2. Applicable portions of the detailed plan of study are signed and sealed by a professional engineer or professional geologist registered in the State of Florida, where required by Chapter 471 or 492, F.S.

3. The applicant provides reasonable assurance to demonstrate the ability of the proposed treatment processes to meet the requirements in this chapter, and to demonstrate the public health and environmental safety of the advanced treated water to be produced. Results of previous pilot testing programs, use of commercially proven technologies, available research and guidance and operating experience at similar projects may be used as part of the demonstration.

(7) For advanced treatment of water using microfiltration/ultrafiltration, reverse osmosis, and an oxidation treatment process, the applicant shall:

(a) Select for use a reverse osmosis membrane such that:

1. Each membrane element used in the project has achieved a minimum rejection of sodium chloride of no less than 99.0 percent and an average rejection of sodium chloride of no less than 99.2 percent, as demonstrated through Method A of ASTM International’s method D4194-03 (2014), (adopted and incorporated by reference in paragraph 62-565.300(1)(d), F.A.C., effective February 26, 2025); and

2. The membrane produces a permeate with no more than five percent of the sample results having TOC concentrations greater than 0.5 mg/L, as verified through monitoring no less frequent than weekly.

(b) For the reverse osmosis treatment process, provide reasonable assurance that on-going performance monitoring (e.g., conductivity or TOC) will detect whether the integrity of the treatment process has been compromised. The pilot testing proposal shall include at least one form of continuous monitoring, as well as the associated surrogate and/or operational parameter limits and alarm settings that detect when the integrity of the treatment process has been compromised.

(c) Provide reasonable assurance that a sufficient oxidation process has been designed for implementation. To demonstrate this, the applicant shall:

1. Select a total of at least nine indicator compounds based on the Source Water Evaluation, with at least one from each of the functional groups in sub-subparagraphs a. through k. below.

a. Hydroxy Aromatic

b. Amino/Acylamino Aromatic

c. Nonaromatic with carbon double bonds

d. Deprotonated Amine

e. Alkoxy Polyaromatic

f. Alkoxy Aromatic

g. Alkyl Aromatic

h. Perfluoroalkyl with Sulfonate

i. Perfluoroalkyl with Carboxylate

j. Saturated Aliphatic

k. Nitro Aromatic

2. Utilize an oxidation process that achieves optimal removal of the indicator compounds selected in subparagraph 1. such that removal is no less than:

a. 0.5-log (69 percent) for each indicator compound representing the functional groups in sub-subparagraphs 1.a. through 1.i., and

b. 0.3-log (50 percent) for each indicator compound representing the functional groups in sub-subparagraphs 1.j. and 1.k.

3. Establish at least one surrogate or operational parameter that reflects the removal of at least six of the nine indicator compounds selected pursuant to subparagraph 1. such that:

a. at least one of the six indicator compounds represents at least one functional group in sub-subparagraphs 1.a. through 1.g.,

b. at least one of the six indicator compounds represents at least one functional group in sub-subparagraphs 1.h. or 1.i.,

c. at least one of the six indicator compounds represents at least one functional group in sub-subparagraphs 1.j. or 1.k.,

d. at least one surrogate or operational parameter is capable of being monitored continuously, recorded, and have associated alarms, and

e. a surrogate or operational parameter, including the parameter in paragraph (7)(c) of this rule, is identified that indicates when the process may no longer meet the criteria established in subparagraph (7)(c)2. of this rule.

4. Conduct testing that includes confirmation of the findings of the occurrence study in subparagraph (7)(c)1. and provides evidence that the requirements of subparagraphs (7)(c)2. and 3. of this rule can be met with a full-scale, oxidation process. The testing shall include challenge or spiking tests conducted to determine the removal differential under normal operating conditions utilizing, at minimum, the nine indicator compounds identified in subparagraph (7)(c)1. of this rule. The applicant shall submit a testing protocol, as part of the plan of study in accordance with subsection (3) as well as the subsequent results, to the Department for review and approval.

(d) In lieu of demonstrating that a sufficient oxidation process has been designed for implementation pursuant to subsection (c), an applicant may conduct testing demonstrating that the oxidation process will provide no less than 0.5-log (69 percent) reduction of 1,4-dioxane and a 1.2-log (94 percent) reduction of N-Nitrosodimethylamine (NDMA) and that the oxidation process will meet the Florida Department of Health (DOH) Health Advisory Level (HAL) for 1, 4-dioxane of 0.35 ug/L, as established in the DOH Fact Sheet effective November 2016, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17741), hereby adopted and incorporated by reference). A copy of this publication may be obtained by contacting the Department’s Source and Drinking Water Program, Mail Station 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. An applicant shall submit a testing protocol in accordance with subsection 62-565.560(3), F.A.C., as well as the subsequent results, to the Department for review and approval. The testing shall include challenge or spiking tests, using 1,4-dioxane and NDMA, to demonstrate the proposed oxidation process will achieve the minimum 0.5-log and 1.2-log reductions and the HAL for 1, 4-dioxane under the proposed oxidation process's normal full-scale operating conditions.

2. An applicant shall establish surrogate and/or operational parameters that reflect whether the minimum 0.5-log 1,4-dioxane and 1.2-log NDMA reduction design criteria and HAL for 1, 4-dioxane are being met. At least one surrogate or operational parameter shall be capable of being monitored continuously, recorded, and have associated alarms that indicate when the process is not operating as designed.

(e) During the full-scale operation of the oxidation process designed pursuant to subsection 62-565.560(7)(c) or (d), F.A.C., an applicant shall continuously monitor the surrogate and/or operational parameters established pursuant to sub-subparagraph 62-565.560(7)(c)3.d or subparagraph 62-565.560(7)(d)2, F.A.C., as applicable. An applicant shall implement, in full-scale operation, the oxidation process as designed pursuant to subsection 62-565.560(7)(c) or (d), F.A.C.

(8) For advanced treatment of water using ozonation immediately followed by biologically activated carbon (ozone/BAC), the applicant shall:

(a) Affirmatively demonstrate that the ozone/BAC treatment process meets the requirements in Chapters 62-550, 62-555, and 62-565, F.A.C.;

(b) Select an ozonation treatment process:

1. With a design O3:TOC greater than or equal to 1.5;

2. That can achieve a minimum operational O3:TOC greater than or equal to 0.8;

3. That can maintain an ozone residual of no less than 0.05 mg/L at the beginning of the ozone contactor; and

4. That can maintain a bromate level that meets the requirements in Chapters 62-550 and 62-555, F.A.C.

(c) Provide reasonable assurance that the treatment process has been designed for removing a broad range of known and unknown constituents. To demonstrate this, the applicant shall:

1. Develop a candidate list of indicator compound screening from the Source Water Evaluation that accounts for expected chemical emissions from local industry and research efforts characterizing source water. Indicator compounds shall be selected based on the following:

a. The indicator compound shall have a median concentration at least five times greater than its MDL to demonstrate a high percentage of removal;

b. The indicator shall have a detection frequency greater than 80 percent in the source water to ensure that its absence reflects treatment efficacy rather than a random or seasonal occurrence in the source water;

c. Sufficiently precise and sensitive analytical methods for the indicator compound shall be selected based on EPA approved test methods. If EPA test methods are not available, the permittee may propose for Department approval analytical methods based on previous pilot testing programs, use of commercially proven technologies, available research and guidance and operating experience at similar projects;

d. The indicator compound shall be removable by the process(es) it is intended to monitor;

e. The indicator compound shall be moderately removable by the targeted process, such that 75 percent removal is feasible only when the process is functioning as designed;

f. There shall be at least one indicator compound that specifically monitors each chemical treatment barrier. There shall also be at least one indicator compound that is partially removed by each treatment barrier, but only removed to a target of at least 75 percent if all treatment barriers are functioning as intended; and

g. Testing shall include a recommendation of indicator compounds for each facility on a case-by-case basis for the Department’s approval.

2. Establish surrogate or operational parameters for the treatment process that reflects whether the minimum removal efficiencies are maintained to meet the requirements in Chapters 62-550, 62-555, 62-565, and 62-610, F.A.C.; and

3. Establish at least one surrogate or operational parameter for each unit process capable of being monitored continuously, recorded, and have associated alarms that indicate when the process is not operating as designed.

(9) The Department shall approve an alternative treatment process other than that specified in subsections 62-565.560(7) and (8), F.A.C., if all of the following conditions are met:

(a) The applicant affirmatively demonstrates that the alternative treatment process meets the requirements in Chapters 62-550, 62-555, 62-565, and 62-610, F.A.C.;

(b) The applicant affirmatively demonstrates that sufficient advanced treatment processes have been designed for removing a broad range of known and unknown constituents. To demonstrate this, the applicant shall develop a candidate list of indicator compound screening from the Source Water Evaluation that accounts for expected chemical emissions from local industry and research efforts characterizing source water. Indicator compounds shall be based on:

1. The indicator compound shall have a median concentration at least five times greater than its MDL to demonstrate a high percentage of removal.

2. The indicator compound shall have a detection frequency greater than 80 percent in the source water to ensure that its absence reflects treatment efficacy rather than a random or seasonal occurrence in the source water

3. Sufficiently precise and sensitive analytical methods for the compound shall be selected based on EPA approved methods, previous pilot testing programs, use of commercially proven technologies, available research and guidance and operating experience at similar projects.

4. The indicator compound shall be removable by the process(es) it is intended to monitor.

5. The indicator compound shall be moderately removable by the targeted process, such that 75 percent removal is feasible only when the process is functioning as designed.

6. There shall be at least one indicator compound that specifically monitors each chemical treatment barrier. There shall also be at least one system indicator compound that is partially removed by each treatment barrier, but only removed to a target of at least 75 percent if all treatment barriers are functioning as intended.

7. Testing shall include a recommendation of indicator compounds for each facility on a case-by-case basis for the Department’s approval.

(c) The applicant shall establish surrogate and/or operational parameters for the alternative treatment process that reflect whether the minimum removal efficiencies are maintained to meet the requirements in Chapters 62-550, 62-555, and 62-565, F.A.C.; and

(d) At least one surrogate or operational parameter for each unit process is capable of being monitored continuously, recorded, and have associated alarms that indicate when the process is not operating as designed during full-scale operation.

(10) Results of previous pilot testing programs, use of commercially proven technologies, available research and guidance and operating experience at similar projects may be used as part of the demonstration for this rule.

(11) The applicant shall evaluate alternate methods for treating, controlling, or managing potential chemical peaks (rapid, short-lived increases in concentration) for chemical constituents that have the potential to pass through an advanced treatment water facility.

(12) The pilot testing reports shall be submitted electronically to the Department at the Division of Water Resource Management, Source and Drinking Water Program at DWRM_POTABLEREUSE@FloridaDEP.gov. The Department reserves the right to request hard copies of the report or portions of the report.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.570 Engineering Report

(1) An engineering report, including the source water evaluation and results of the pilot testing program, shall be submitted in support of a permit application for an ATWF. The engineering report will serve as the preliminary design report. An Engineering report shall include the following items described in subsections (2) through (5) of this rule.

(2) Engineering Report. Engineering reports prepared under the responsible charge of one or more Florida-licensed professional engineers in accordance with Chapter 471, F.S., shall be signed, sealed, and dated by the professional engineer(s) in responsible charge. Preliminary design reports shall contain the following information where pertinent:

(a) A brief description of the project and its purpose and an estimate of the cost to construct the project;

(b) A description of the existing PWS and the wastewater treatment facility and discussion of the impact that the project will have on the existing facilities;

(c) The name and location of all water sources entering the ATWF, and design and actual flow, if applicable, on an annual average daily flow basis for each water source;

(d) The name and location of all facilities entered into the Joint Operations Plan, the existing design capacity of each facility, the existing type of treatment provided at each facility, and the number and capacity of existing finished-water pumps;

(e) The name and location, type, and useful capacity of existing off-spec and finished-water storage ponds and tanks;

(f) Documentation that existing potable water wells meet applicable construction requirements in Chapter 62-532, F.A.C.;

(g) Discussion of sanitary hazards located within 500 feet of both potable water and ASR wells or located less than 500 feet upstream of surface water intakes;

(h) A description of surface water intake structures, impoundments, and reservoirs;

(i) An assessment of the effects from indirect potable reuse on ground water and surface water levels, ground water and surface water quality, and uses of property in the area;

(j) Documentation of written notice to public water supply utilities and the appropriate approved county health department for indirect potable reuse;

(k) Documentation of public education and public participation activities to be implemented that are associated with the potable reuse system;

(l) The following ATWF treatment process information:

1. The total capacity of all water sources and treatment facilities connected to an ATWF;

2. The findings of a Source Water Evaluation in accordance with the requirements of subsection (3) of this rule, including a description of the source water for potable reuse at the point(s) of withdrawal;

3. Discussion of applicable treatment and disinfection technique requirements, in Rules 62-565.500, .510, .520, .530, and .540 F.A.C.;

4. Discussion of Hazard Analysis;

5. Discussion of critical control points, surrogate and operational parameters, and monitoring points; and

6. Discussion of operation and control strategies.

(m) An evaluation of the adequacy of an ATWF to meet applicable standards and requirements given the quality of raw water from all water sources for the plant;

(n) The design daily operating period for the ATWF;

(o) A flow diagram and water balance showing all ATWF operations and processes (including residuals handling operations), chemical application points, water pumping facilities, bypass arrangements, and recycle flows;

(p) Blending ratio of volume of advanced treated water received by the public water system to the volume of other source waters received at the public water system;

(q) For ATWFs that include disinfection, discussion of the design level of Cryptosporidium, Giardia lamblia, or virus inactivation to be achieved, if applicable, and the design minimum CT or ultraviolet dose if chemical or ultraviolet disinfection will be used to achieve Cryptosporidium, Giardia lamblia, or virus inactivation. Refer to Rule 62-565.530, F.A.C.;

(r) The design dose of water treatment chemicals;

(s) Additional treatment, controls, or management of potential chemical peaks (rapid, short-lived increases in concentration) for chemical constituents that have the potential to pass through the ATWF;

(t) An evaluation of the types, quantities, characteristics, and disposal method of residuals generated by the ATWF;

(u) Sizes, capacities, retention times, loading rates, schematic diagrams, and other design parameters and details sufficient to demonstrate that an ATWF (including chemical application and residuals handling) and water pumping will comply with applicable requirements of this chapter, including applicable requirements in the engineering references listed in Rules 62-555.330 and 62-565.330, F.A.C. The schematic diagrams of an ATWF, including chemical application, shall show proper air gaps between drains or overflows from such processes and sanitary or storm sewers;

(v) Assurance of compliance with the odor control requirements referenced under subsection 62-555.320(9), F.A.C.;

(w) For storage tank systems subject to regulation under Chapter 62-761, F.A.C., assurance that the storage tank systems will meet applicable performance standards in Chapter 62-761, F.A.C.;

(x) Discussion of housing and safety or protective equipment for new or altered chemical application facilities;

(y) The following advanced treated water storage information: the name and location and type of storage tanks or ponds, the useful capacity of storage tanks or ponds including supporting calculations, schematic diagrams, and other design parameters and details sufficient to demonstrate compliance with applicable requirements of this chapter, including applicable requirements in the engineering references listed in Rules 62-555.330 and 62-565.330, F.A.C.;

(z) Discussion of ATWF process piping conveying either raw, partially treated, or advanced treated water, and the information in subparagraphs 1. and 2., below.

1. Hydraulic analyses or other justification for the size of new or altered pipes that convey reclaimed water.

2. Discussion of color coding or marking of new or relocated pipes that convey reclaimed water. Refer to paragraph 62-555.320(10)(b) and subsection 62-555.320(21), F.A.C.;

(aa) The project site information in subparagraphs 1. through 2., below.

1. A site plan showing the approximate location of the ATWF; structures used to treat, store, or handle advanced treated water, water treatment chemicals, or storage of residuals prior to disposal; structures housing water pumping or treatment processes, including chemical application systems; and pipes that convey reclaimed water, including ATWF process piping, conveying either raw, partially treated, or advanced treated water. The site plan shall indicate sizes of pipes that convey reclaimed water and approximate locations of meters, valves, critical control points, monitoring points, and blow-offs; approximate locations of interconnections between potable reuse system components; and approximate dimensions and elevations of structures.

2. Discussion of approximate ground water elevations in relation to subsurface structures.

(bb) A description of materials that will be used for potable reuse system components and documentation that the materials and components will comply with the following standards, regulations, or requirements:

1. The American Water Works Association standards (adopted and incorporated by reference in Rule 62-555.330, F.A.C., effective May 5, 2014), if applicable. The Department shall allow the use of pipe and appurtenances that do not conform to applicable American Water Works Association (AWWA) standards (adopted and incorporated by reference in Rule 62-555.330, F.A.C., effective May 5, 2014), only if ATWF permit applicants provide documentation showing that the alternate pipe and appurtenances provide strength, durability, reliability, and public health protection at least equal to that provided by pipe and appurtenances that conform to applicable AWWA standards.

2. Newly installed or constructed potable reuse system components that come into contact with advanced treated water or water treatment chemicals shall conform to the applicable standards, regulations, or requirements referenced in paragraph 62-555.320(3)(b), F.A.C., and National Science Foundation (NSF) International Standard 61, effective 2023, hereby adopted and incorporated by reference. This reference material is copyright protected. A copy of this publication may be inspected by contacting the Department’s Source and Drinking Water Program, Mail Station 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or the Department of State, The Capitol, 400 South Monroe Street, Room 701, Tallahassee, Florida 32399, in accordance with Section 120.54(1)(i)3.b., F.S., or available directly from the source. The Department shall allow exceptions to conformance with these standards, regulations, or requirements only if documentation and assurance are provided in accordance with paragraph 62-555.320(3)(d), F.A.C.

3. The lead use prohibition in Rule 62-555.322, F.A.C., if applicable;

(cc) Discussion of color coding of aboveground piping associated with potable reuse system components;

(dd) A description of electrical systems and provisions for standby power at new or altered ATWF;

(ee) A description of operation and control strategies and instrumentation and control systems, including monitoring or alarm systems, at new or altered ATWF, pumping, or storage facilities. Refer to paragraph, sub-subparagraph, subparagraph, paragraph and subparagraph 62-565.560(7)(b), 62-565.560(7)(c)3.d., 62-565.560(7)(d), 62-565.560(8), 62-565.560(9)(d), F.A.C.;

(ff) Discussion of procedures for keeping potable reuse system components in operation, or for minimizing interruptions in the operation of the existing components, including an implementation plan for the surveillance program as required in subsection 62-565.505(8), F.A.C.; and

(gg) Demonstration of sufficient managerial capacity by addressing topics below:

1. Ownership, management, and organization;

2. Master planning;

3. Emergency response planning; and,

4. Customer service.

(3) A 12-month source water evaluation of chemicals or constituents that are known or believed present based on available data, be it analytical data, process knowledge or other reasonable estimation techniques that are listed in Rule 62-565.505, F.A.C., constituents in the reclaimed water that have a primary or secondary drinking water standard, may be difficult to remove, or are precursors to disinfection byproduct formation.

(a) The data used for the source water evaluation shall be representative of the water that will be received by the ATWF.

(b) A source water evaluation shall be completed for permit renewal, upon the addition of a new significant industrial user, upon the modification of an existing industrial user’s permit where effluent limitations have been revised, or upon the revision of the local limits for the wastewater facility that is entered into the Joint Operations Plan.

(4) The findings of a pilot testing program in accordance with the requirements of Rule 62-565.560, F.A.C.

(5) An operating protocol shall be designed to ensure that the advanced treated water being produced at the ATWF is of sufficient quality to meet the requirements established in this chapter. The operating protocol shall address the following:

(a) The criteria used to make continuous determinations of the acceptability of the advanced treated water being produced;

(b)The steps and procedures to be followed by the operator when advanced treated water is produced that does not meet the requirements established in this chapter; and

(c) The steps and procedures to be followed by the operator when the ATWF treatment facility resumes normal operation, and advanced treated water being produced does meet the requirements established in this chapter.

(d) ATWFs utilizing a UV treatment process shall develop and document a UV system performance monitoring program, to be included in the facility’s operating protocol. The UV system performance monitoring program and associated documentation shall include and be updated in the event of changes in any of the following:

1. The operating parameters determined through validation for disinfection or challenge testing;

2. Monitoring locations and frequencies;

3. Sensor calibration procedures and frequencies;

4. Conditions that necessitate diversion of flow to an alternate discharge system; and

5. Corrective actions to be taken in the event the system is found to be operating outside of the parameters specified in the system performance monitoring program or a high-priority alarm event occurs.

(e) ATWFs utilizing a biologically activated carbon filter immediately following an oxidation treatment process shall develop and document a program for managing the microbial community in the filter to prevent a release of filter biomass into other ATWF or PWS processes. The program shall address conditions that necessitate diversion of flow to an alternate discharge system and corrective actions to be taken in the event of filter biomass release. The program shall be included in the facility’s operating protocol.

(6) The ATWF permittee shall review and revise the operating protocol upon each permit renewal and submit to the Department for review in support of a permit application.

(7) The quality of water used for the pilot testing program shall be representative of the water quality that will be the source water for the ATWF.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.580 Design and Construction

(1) ATWFs shall be designed in accordance with sound engineering practice.

(2) A permit for innovative or alternative treatment processes or equipment shall not be issued unless the applicant provides a preliminary design report or design data as part of the permit application. Supporting information must demonstrate that the process or equipment is capable of consistently and reliably producing advanced treated water meeting applicable standards and requirements. Supporting information shall include the following:

(a) The manufacturer’s technical information;

(b) Data and reports from full-scale or pilot test installations that are operated under conditions comparable to those for which the process or equipment is being proposed and that are operated for a sufficient time to verify satisfactory performance of the process or equipment; and,

(c) Operation and maintenance requirements and availability of technical support.

(3) Direct or Indirect Advanced Treatment Water Additives.

(a) Additives and treatment chemicals, including chemicals used to regenerate ion-exchange resins or generate disinfectants on site at treatment plants, shall conform to one of the following:

1. NSF International Standard 60, effective 2024, is hereby adopted and incorporated by reference.

2. The standards in Water Chemicals Codex 1982, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17741), is hereby adopted and incorporated by reference.

3. The Food and Drug Administration’s regulations for food substances generally recognized as safe as contained in 21 CFR Part 182, Subparts B, D, G and I, effective March 1, 2024, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17753), is hereby adopted and incorporated by reference.

(b) Newly installed or constructed ATWF components that come into contact with advanced treated water, or water treatment chemicals shall conform to the applicable standards, regulations, or requirements referenced in subparagraphs 1. through 3., below.

1. Except for ion-exchange resins, precast or cast-in-place concrete structures, and cement mortar, which are addressed in subparagraphs 2. and 3., below, newly installed or constructed ATWF components that come into contact with advanced treated water or water treatment chemicals shall conform to one of the following:

a. NSF International Standard 61, effective 2023, (adopted and incorporated by reference in Rule 62-565.570 F.A.C.);

b. NSF International Standard 42, effective 2023, is hereby adopted and incorporated by reference;

c. NSF International Standard 44, effective 2024, is hereby adopted and incorporated by reference;

d. NSF International Standard 53, effective 2023, is hereby adopted and incorporated by reference;

e. NSF International Standard 55, effective 2024, is hereby adopted and incorporated by reference;

f. NSF International Standard 58, effective 2023, is hereby adopted and incorporated by reference;

g. NSF International Standard 62, effective 2022, is hereby adopted and incorporated by reference;

h. Section 6 of NSF International Standard 14 effective 2023, is hereby adopted and incorporated by reference; or

i. The Food and Drug Administration’s regulations for indirect food additives as contained in the April 1, 2002, revision of 21 CFR Parts 174 through 189, effective April 1, 2024, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17743), is hereby adopted and incorporated by reference.

2. Newly installed ion-exchange resins that come into contact with advanced treated water or water treatment chemicals shall be part of an ion-exchange water softener that conforms to NSF International Standard 44 (adopted and incorporated by reference in Rule 62-555.335, F.A.C., effective August 28, 2003) or shall conform to one of the following:

a. NSF International Standard 61, effective 2023, (adopted and incorporated by reference in Rule 62-565.570 F.A.C.);

b. The Food and Drug Administration’s regulations for secondary direct food additives from ion-exchange resins as contained in 21 CFR Part 173.25, effective April 1, 2023, (http://www.flrules.org/Gateway/reference.asp?No=Ref-17737), is hereby adopted and incorporated by reference.

3. Newly installed or constructed precast or cast-in-place concrete structure or newly installed cement mortar that is not coated by a barrier material meeting the requirements of subparagraph 1., above, and that comes into contact with advanced treated water or water treatment chemicals shall meet the following requirements:

a. All cement, admixtures, form release agents, curing compounds, and sealers used in or on the concrete or mortar shall conform to NSF International Standard 61, effective 2023, (adopted and incorporated by reference in Rule 62-565.570 F.A.C).

b. Aggregate used in the concrete or mortar shall be clean (i.e., free of excess clay, silt, mica, organic matter, chemical salts, and coated grains) and shall be essentially free of those metals and radionuclides regulated under applicable primary drinking water standards.

c. Water used in the concrete or mortar shall meet applicable primary drinking water standards for inorganics, organics, and radionuclides.

(c) To determine or document whether water additives or treatment chemicals or ATWF components conform to the standards, regulations, or requirements listed in paragraph (a) or (b), above, ATWF permit applicants may conduct their own evaluations or may rely upon third-party or manufacturer certifications.

(d) The Department shall allow exceptions to the requirements in paragraph (b) above if ATWF permit applicants provide the following:

1. Documentation that components conforming to the applicable standards, regulations, or requirements in paragraph (b) above are not readily available; and,

2. Assurance that the components being provided will not impart into advanced treated water or water treatment chemicals any contaminant in an amount that could cause adverse human health effects.

(e) A copy of publications in paragraphs (a) and (b) above may be obtained by contacting the Department’s Source and Drinking Water Program, Mail Station 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Publications listed in paragraphs (a) and (b) above that are copyright protected are available for inspection during business hours at the Department’s Source and Drinking Water Program, Mail Station 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or the Department of State, The Capitol, 400 South Monroe Street, Room 701, Tallahassee, Florida 32399, in accordance with Section 120.54(1)(i)3.b., F.S., or available directly from the source.

(4) Flood Protection. ATWFs shall be designed and constructed so that structures, and electrical or mechanical equipment, used to treat, pump, or store advanced treated water, apply water treatment chemicals, or handle water treatment residuals are protected from physical damage by the 100-year flood and, in coastal areas subject to flooding by wave action, from physical damage by the 100-year wave action. Additionally, ATWFs shall be designed and constructed so that the aforementioned structures and equipment remain fully operational and accessible during the 25-year flood and, in coastal areas subject to flooding by wave action, the 25-year wave action; a lesser flood or wave action may be used if ATWF permit applicants provide justification for using a lesser flood or wave action, but in no case shall less than the ten-year flood or wave action be used.

(5) Security. ATWFs shall be enclosed by fences with lockable access gates, housed in lockable buildings or enclosures, or otherwise protected to prevent tampering, vandalism, and sabotage. Advanced treated water storage facilities shall be enclosed by fences with lockable access gates, shall have lockable access openings and lockable cages or enclosures obstructing access to ladders, or shall be otherwise protected to prevent tampering, vandalism, and sabotage.

(6) Well Pump Housing, Well Pump Discharge Piping, and Well Pump Appurtenances.

(a) Housing of Well Pumps.

1. Well pumps shall be housed in a weatherproof building, room, or pit unless the pumps are submersible or completely weatherproof, in which case the pumps need only be protected against tampering, vandalism, and sabotage in accordance with subsection (5) above.

2. Well pumphouses (i.e., buildings or rooms) shall have a concrete floor that is elevated above the adjacent finished ground surface and that is sloped to drain away from wells and well pumps. In addition, such well pumphouses shall have an access opening or removable roof or walls as necessary to provide full access for servicing wells and well pumps.

3. Well pump pits are allowed only where the finished ground surface is above the 100-year flood elevation and, in coastal areas subject to flooding by wave action, the 100-year wave-action elevation. All pump pit access openings shall have watertight covers or shall be flanged upward and provided with overlapping covers, and all pump pits shall be drained by gravity or by dual sump pumps with an alarm system that is activated in the event either sump pump fails. Sump pump alarm systems shall include an audio-visual alarm near the pump pit, and if the pump pit is not at a site staffed 24 hours per day and seven days per week, the alarm also shall be telemetered to a place staffed 24 hours per day and seven days per week, or shall trigger an automatic telephone dialing or paging device, to enable notification of an authorized representative of the supplier of water. Pump pits shall have an opening as necessary to provide full access for servicing wells and well pumps and shall have a concrete floor sloped to drain away from wells and well pumps.

(b) Well Pump Discharge Piping.

1. New or altered discharge piping shall be designed and constructed in accordance with Section 3.2.7.3 in Recommended Standards for Water Works (adopted and incorporated by reference in Rule 62-555.330, F.A.C., effective May 5, 2014), except that a check valve is not required in the discharge piping from a jet pump and except that the required smooth-nosed sampling tap shall be located as specified in subparagraph 2., below.

2. The discharge piping from each well pump shall include a smooth-nosed tap for sampling raw well water. All such sampling taps shall be located upstream of the check valve in the discharge piping if possible and upstream of all treatment facilities and chemical application points; shall be located at least 12 inches above the finished floor, pad, or ground surface below the tap; and shall be conveniently accessible and downward-opening. Raw well water sampling taps installed on or after August 28, 2003, except those installed under a construction permit for which the Department received a complete application before August 28, 2003, shall have no interior or exterior threads.

(c) Well Vents. Well pumps installed on or after August 28, 2003, except those installed under a construction permit for which the Department received a complete application before August 28, 2003, shall pump from a well that is vented to the atmosphere unless the well pump is a packer-type jet pump, the well casing also serves as well pump suction piping, the well is a flowing artesian well, there is no appreciable drawdown in the well, or the supplier of water provides justification for not venting the well to the atmosphere. All well vents shall terminate at least 12 inches above the 100-year flood elevation and, in coastal areas subject to flooding by wave action, at least 12 inches above the 100-year wave-action elevation. New or altered well vents shall be designed and constructed in accordance with Section 3.2.7.5 in Recommended Standards for Water Works (adopted and incorporated by reference in Rule 62-555.330, F.A.C., effective May 5, 2014).

(7) ATWFs shall comply with the objectionable odor prohibition under subsection 62-296.320(2), F.A.C. (“Objectionable odor” is defined in Rule 62-210.200, F.A.C.). Applicants for ATWF permits, shall provide in the preliminary design report or drawings, specifications, and design data accompanying their permit application assurance of compliance with subsection 62-296.320(2), F.A.C. Assurance of compliance may be based upon water quality data; use of appropriate water treatment processes and chemicals; proper treatment of vented gases; use of mitigative measures including buffer zones owned or under the control of the supplier of water; etc.

(8) All reclaimed water piping, valves, and outlets shall be color coded as required under paragraph 62-610.469(7)(f), F.A.C. All advanced treated water valves and outlets shall be appropriately tagged or labeled (bearing the words in English and Spanish: “Do not drink” together with the equivalent standard international symbol) to warn the public and employees that the water is not intended for drinking. Underground piping, which is not manufactured of metal or concrete, shall be color coded for advanced treated water using blue as a dominant color, with purple banding around the pipe. The pipe and band colors shall be easily differentiated to ensure proper identification of the pipe. For pipes greater than 6 inches in diameter, bands shall be four inches wide, and spaced no more than 24 inches apart, measured center-to-center. For pipes 6 inches in diameter or smaller, bands shall be two inches wide, and spaced no more than 18 inches apart, measured center-to-center. Underground metal and concrete pipe shall be color coded or marked using blue and purple banding predominantly. If tape is used to mark the pipe, the tape shall be permanently affixed to the pipe. Visible, above-ground portions of the advanced treated water system shall be clearly color coded or marked. New systems and expansions of existing systems shall comply with this color-coding standard. It is recommended, but shall not be required, that distribution and application facilities located on private properties, including residential properties, be color coded using blue and purple banding.

(9) Alarms for Nitrate/Nitrite Removal Equipment. An alarm system shall be provided for any ATWF equipment that is necessary to achieve compliance with the primary drinking water standard for nitrate or nitrite as a single sample maximum. The alarm system shall be activated in the event of equipment failure and shall include an audio-visual alarm at the plant.

(10) ATWFs utilizing a UV treatment process shall provide to the Department the results of a test to establish the operating conditions under which the UV system will deliver the design dose in accordance with paragraph 62-565.570(2)(q), F.A.C., or subsection 62-565.560(7), F.A.C., as applicable. The test shall:

(a) Be conducted on a full-scale reactor that is essentially identical to the UV reactor to be used by the system and using a source water that is essentially identical in quality to the water to be treated by the UV system;

(b) Include the following factors:

1. UV absorbance of the water;

2. Lamp fouling and aging;

3. Measurement uncertainty of on-line sensors;

4. UV dose distributions arising from the velocity profiles through the reactor;

5. Failure of UV lamps and other critical system components;

6. Inlet and outlet piping or channel configuration of the UV reactor; and

7. Lamp and sensor locations.

(c) In order to receive log reduction value credits, UV reactors shall be validated in accordance with US EPA guidance on ultraviolet disinfection (adopted and incorporated by reference in paragraph 62-565.300(1)(j), F.A.C., effective November 2006).

(11) ATWFs utilizing an ozone/BAC treatment process pursuant to subsection 62-565.560(8), F.A.C., shall provide to the Department the results of a validation test to demonstrate that the process will reliably achieve the 75 percent minimum removal of the selected indicator compound(s) under full-scale operating conditions pursuant to paragraph 62-565.560(8)(c), F.A.C. The ozone/BAC treatment process shall be revalidated as part of an application for permit renewal, or in the event that a design modification is made, or components are replaced that will impact operation or monitoring.

(12) ATWFs utilizing an alternative treatment process pursuant to subsection 62-565.560(9), F.A.C., shall provide to the Department the results of a validation test to demonstrate that the process will reliably achieve the 75 percent minimum removal of the selected indicator compound(s) under full-scale operating conditions pursuant to paragraph 62-565.560(9)(b), F.A.C. An alternative treatment process pursuant to subsection 62-565.560(9), F.A.C., shall be revalidated as part of an application for permit renewal, or in the event that a design modification is made, or components are replaced that will impact operation or monitoring.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.590 Operation and Maintenance

(1) A permittee of newly constructed or modified ATWF shall provide notification to the Department that a draft operation and maintenance manual is available. This notice shall be provided prior to placing the newly constructed or modified portion of the facility into operation. Within six months after placing the new or modified facility into operation, the permittee shall provide notification that an up-to-date operation and maintenance manual is available. The manual shall provide for the reliable and efficient operation and maintenance of the facilities as follows:

(a) The detail of the manual shall be consistent with the complexity of the system. The manual shall be developed in accordance with the unique requirements of the individual ATWF and shall provide the operator with adequate information and description regarding the design, operation, and maintenance features of the facility involved.

(b) The manual shall include basic hydraulic and engineering design criteria for the facility, as well as information and procedures required for normal control and distribution of reclaimed water, advanced treated water, and residuals within the facility. In addition, information concerning process control and performance evaluation for the facility, as well as equipment and procedural descriptions (including any notification/reporting requirements of appropriate agencies) for emergency operating conditions, and a list of spare parts that must be readily available shall be included. Regular maintenance and repair instructions for all equipment; laboratory testing equipment and monitoring procedures; safety and personnel requirements; and a “troubleshooting” problem guide shall be included in the manual.

(2) A copy of the approved manual shall be provided to the operator/s by the permittee of the facility. The manual shall be available for reference at the facility or other approved site. The permittee shall maintain at least one copy of the approved manual.

(3) The manual shall be revised to reflect any facility alterations performed or to reflect experience resulting from facility operation.

(4) ATWF operators shall maintain a separate operation and maintenance (O&M) log for each ATWF. The ATWF O&M log shall be maintained on site at the plant in a location accessible to 24-hour inspection and protected from weather damage. The plant O&M log shall be maintained in a hard-bound book with consecutive page numbering, or alternatively, part or all of the plant O&M log may be maintained electronically upon written request by the permittee or supplier of water and written approval by the Department. The Department shall approve partial or complete electronic plant O&M logs if the permittee demonstrates that required data will remain accessible to 24-hour inspection and protected from weather damage; that adequate data storage capacity and data backup will be provided; that entries made by recording equipment will be date/time stamped; and that entries made by an operator will be date/time stamped and accompanied by an electronic signature unique to, and under the sole control of, the operator. The ATWF O&M log shall be maintained current to the last operation and maintenance performed and shall contain a minimum of the previous three months of data at all times. The ATWF O&M log shall contain the following information, which shall be entered in the O&M log during each plant visit before leaving the plant:

(a) Identification of the ATWF;

(b) The signature and license number of the operator making any entries;

(c) Date and time in and out of the ATWF;

(d) Description of specific operation and maintenance activities, including any preventive maintenance or repairs made or requested; and

(e) Results of tests performed and samples taken, unless documented on a laboratory sheet.

(5) All licensed operators shall submit to the permittee all required reports in the manner required by Rule 62-565.550, F.A.C.

(6) An ATWF permittee shall provide for the proper operation and maintenance of the facility in accordance with Chapter 62-565, F.A.C. An ATWF permittee shall employ only operators appropriately licensed in accordance with Chapter 62-602, F.A.C., to be on-site and responsible for the operation, supervision and maintenance of an ATWF at all times as provided below.

(a) For an ATWF receiving reclaimed water, either directly or indirectly, from a wastewater treatment facility providing at a minimum tertiary treatment, the Lead/Chief Operator position(s) shall be covered by an individual that is licensed at the Class A level in drinking water.

(b) For an ATWF receiving reclaimed water from a wastewater treatment facility providing no more than secondary treatment, as defined in Rule 62-565.200, F.A.C., the Lead/Chief Operator position(s) shall be covered by the following:

1. A single operator that is licensed at the Class A level in both drinking water and wastewater treatment; or

2. A combination of operators individually licensed at the Class A drinking water treatment and Class A wastewater treatment level.

(c) A Class A Lead/Chief Operator of the wastewater treatment facility or public water system of the potable reuse system may simultaneously serve as the Lead/Chief Operator for the ATWF as long as the requirements in (6) above are met at the ATWF.

(d) The Lead/Chief Operator(s) shall be employed full time which means at least 5 days per week, a minimum of 35 hours per week, including leave time. A Lead/Chief Operator shall be available during all periods of ATWF operation. “Available” means able to be contacted as needed to initiate the appropriate action within 15 minutes.

(e) An ATWF shall be staffed 24 hours per day, 7 days per week.

(f) For an ATWF receiving reclaimed water, either directly or indirectly, from a wastewater treatment facility providing at a minimum tertiary treatment, the ATWF shall be staffed by an individual that is licensed at the Class B level in drinking water.

(g) For an ATWF receiving reclaimed water from a wastewater treatment facility providing no more than secondary treatment, as defined in Rule 62-565.200, F.A.C., the ATWF shall be staffed by the following:

1. A single operator that is licensed at the Class B level in both drinking water and wastewater treatment; or

2. A combination of operators individually licensed at the Class B drinking water treatment and Class B wastewater treatment level.

(h) For an ATWF with a history of non-compliance with permit requirements or applicable Department rules, the Department shall require a higher license classification or additional staffing when necessary to provide reasonable assurance that the facility will be operated in compliance with the ATWF permit.

(i) An individual employed in the daily onsite operational control of an ATWF may use this experience to meet the experience requirements of a Class A, B, or C wastewater treatment or drinking water treatment plant operator license. For ATWFs that are staffed with both drinking water and wastewater treatment plant operators, no more than 50 percent of time and experience shall count towards either a drinking water or wastewater treatment plant operator license unless an alternative has been approved in accordance with (6)(j) below.

(j) An applicant may request alternative staffing levels from (6) above, based on the treatment technologies being utilized at the ATWF. This request can be submitted with the engineering report, or as a minor permit revision and shall include a request for an alternative from the 50 percent time and experience constraint in (6)(i) above as necessary.

(k)When alternative staffing requirements are approved, the percentage of time and experience counting towards either a drinking water or wastewater treatment plant operator license will be based on the approved alternative staffing requirements.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.600 Procedure to Obtain Permits

(1) Any person intending to construct, operate, or modify an ATWF shall submit Advanced Treatment Water Facility Permit Application, DEP Form 62-565.300(2)(a), (adopted and incorporated by reference in paragraph 62-565.300(2)(a), F.A.C., effective February 26, 2025) and shall submit additional information requested in accordance with Rule 62-4.055, F.A.C., to comply with the requirements of this section.

(2) An applicant for a permit for a new or substantially modified ATWF shall submit an application to the Department at least 180 days before commencing operation of new or modified ATWF. An applicant shall apply at least 90 days before commencement of construction on a new or modified ATWF.

(3) Initiation or commencement of construction means to begin performing on-site modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes. For the purposes of the permit, land clearing and site preparation activities related to this construction are not included herein; however, before undertaking these activities, other permits may be required.

(4) The permit application form shall be certified by a professional engineer registered in the State of Florida. Where required by Chapter 471 or 492, F.S., supporting documents shall be signed and sealed by a professional engineer or professional geologist, in accordance with Chapters 61G15-23 and 61G16-2, F.A.C., respectively.

(5) All applications, supporting documents, and processing fees shall be submitted electronically to the Division of Water Resource Management, Source and Drinking Water Program at; DWRM_PotableREUSE@FloridaDEP.gov. If a professional engineer or professional geologist is unable to electronically or digitally sign and seal documents, a signed and sealed original paper copy of the applicable portions of the permit application and supporting documents, along with an electronically scanned copy of the signed and sealed original paper copy, shall be mailed to the Department’s Division of Water Resource Management, Source and Drinking Water Program, MS 3540, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400. After February 26, 2030, electronic or digital signing and sealing shall be required. Application processing fees shall be equivalent to the Drinking Water Construction Permit Fees based on design capacity in Million Gallons per Day (MGD) for Categories I through III, as established in the fee schedule in paragraph 62-4.050(4)(n), F.A.C. Each application must be accompanied by the proper processing fee in accordance with subsection 62-4.050(5), F.A.C. The fee shall be paid electronically or by check, payable to the Department of Environmental Protection at the address above.

(6) Annual operating license fees shall be equivalent to the Annual Operating License Fees for Public Water Systems, as established in Rule 62-4.053, F.A.C. The fee shall be paid electronically or by check, payable to the Department of Environmental Protection and sent to the Division of Water Resource Management, Source and Drinking Water Program, MS 3540, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400.

(7) Any modification to an ATWF treatment process which involves a different quality of advanced treated water being produced or a new or different discharge point, after an application has been deemed complete, shall require an additional processing fee determined pursuant to the schedule set forth in paragraph 62-4.050(4)(n), F.A.C., and shall restart the time requirements of Section 120.60, F.S., for receipt of an application.

(8) An applicant for a permit for a new ATWF, or for substantial modifications to an existing ATWF, shall submit DEP Form 62-565.300(2)(b), Notification of Completion of Construction, upon completion of construction.

(9) Record drawings shall be prepared for new facilities or for substantial modifications to existing facilities permitted pursuant to this chapter. Record drawings shall be prepared and distributed as follows:

(a) Record drawings shall be prepared for new ATWFs or for substantial modification to existing ATWFs under Chapter 62-565, F.A.C. These drawings do not need to be prepared until the permit is issued and the facility constructed.

(b) Record drawings shall include a set of plans and specifications which identify substantial deviations, referenced in the notification of completion of construction, that have occurred since the initial permit was issued.

(c) Record drawings shall be furnished to the permittee by the contractor and shall be based on information gathered and prepared under their direction. Record drawings shall be reviewed to determine their adequacy and certified by a professional engineer registered in the State of Florida. The engineer shall be the project design engineer or an engineer who has been retained by the permittee to provide professional engineering services during the construction phase of project completion.

(d) Notification of availability of record drawings is not required before placing an ATWF into operation but shall be filed with the Department within six months of completion of construction. Notification shall be submitted on DEP Form 62-565.300(2)(g), (adopted and incorporated by reference in paragraph 62-565.300(2)(g), F.A.C., effective February 26, 2025).

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.605 Standards for Issuing or Denying Permits

(1) No Department permit shall be issued under this chapter for a term of more than five years.

(2) An ATWF permit shall be issued only if the applicant affirmatively provides the Department with reasonable assurance, based on a preliminary design report, plans, test results, installation of pollution control equipment, or other information, that the construction, modification, or operation of the ATWF will not be in contravention of Chapter 403, F.S., and applicable Department rules.

(3) The Department shall take into consideration an ATWF permit applicant’s violation of any Department rules at any facility or activity associated with the potable reuse system when determining whether the applicant has provided reasonable assurance that Department standards will be met.

(4) Standards for issuing or denying ATWF permits shall be in accordance with Rule 62-4.070, F.A.C.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.610 Revisions to Permit Conditions

(1) Substantial revisions. For the purposes of this section, “substantial revision” shall mean a change in the permit conditions in response to a substantial modification to the ATWF or potable reuse system.

(a) For good cause and after notice and, if requested, an administrative hearing pursuant to Section 120.57, F.S., the Department shall require the permittee to conform to new or additional permit conditions. The Department shall allow the permittee a reasonable time to conform to the new or additional conditions. In determining what is a reasonable time to conform to new or additional permit conditions, the Department shall consider:

1. The extent of construction or other work necessary to come into conformance,

2. Any site-specific conditions affecting the time to come into conformance; and,

3. Any other matters affecting time to come into conformance based on professionally accepted engineering or scientific practices.

(b) For the purpose of this section, good cause shall include any of the following:

1. A showing of any change in the environment or surrounding conditions that requires a revision to conform to applicable water quality standards.

2. Adoption or revision of statutes, rules, or standards, including toxicity standards or prohibitions, which require the revision of a permit condition for compliance.

3. A showing that there are material and substantial alterations or additions to the permitted facility or activity, including a change in the permittee’s residuals disposal practice, which occurred after permit issuance which justifies the application of permit conditions that are different in or absent from the existing permit.

4. A showing that new information, other than revised rules or test methods, received by the Department was not available at the time of permit issuance and would have justified the application of different permit conditions at the time of issuance. This cause shall include any significant information derived from testing required after issuance of the permit.

5. A showing that revision of a compliance schedule is necessary because of delays caused by an Act of God, strike, or materials shortage or other event over which the permittee has little or no control and for which there is no reasonably available remedy. However, in no case may a compliance schedule be revised to extend beyond a Federal or State statutory deadline, if applicable. In determining whether there is a reasonable available remedy, the Department shall consider:

a. The extent of time and work involved in available remedies,

b. Site-specific conditions affecting available remedies; and,

c. Any other limitations affecting available remedies based on professionally accepted engineering or scientific practices.

6. A showing that there is a technical mistake in a permit condition which needs to be corrected.

7. A showing that revision of a permit is required under subparagraph 62-565.610(1)(b)5., F.A.C.

(c) A permittee may request a revision of a permit for any reason, including for good cause set forth in paragraph (b) of this subsection.

(d) When a permit is revised, only the conditions subject to revision are reopened. All other requirements and conditions of the existing permit shall remain in effect until the permit expires.

(2) Minor Revisions.

(a) Minor revisions may be made to permits by the Department or at the request of the permittee. The corrections or changes listed in this section shall be contained in a letter to the permittee which shall be attached to an existing permit. A permittee shall not be required to file an application for revisions required by the Department for corrections of typographical or calculation errors.

(b) Requests by the permittee for changes in ownership or operational control of a facility shall be made on Notification of Permit Transfer, DEP Form 62-565.300(2)(c), (adopted and incorporated by reference in paragraph 62-565.300(2)(c), F.A.C., effective February 26, 2025) provided that no other change in the permit is necessary. The request shall be accompanied by the processing fee set forth in paragraph 62-4.050(4)(n), F.A.C. If other changes are necessary, requests shall be made in accordance with subsections of this section.

(c) Requests by the permittee for minor revisions to permit conditions, other than changes in ownership, shall be made on Request for a Minor Revision, DEP Form 62-565.300(2)(e), (adopted and incorporated by reference in paragraph 62-565.300(2)(e), F.A.C., effective February 26, 2025). The processing fee for a minor revision to permit conditions shall be equivalent to the fee established in sub-subparagraph 62-4.050(4)(n)7.b., F.A.C. The application requirements for minor modifications to an ATWF include a description of the proposed modification and, if applicable, any reports, plans, and specifications which were developed to implement the modification.

1. The following minor revisions do not require the permittee to pay a processing fee:

a. Corrections of typographical errors,

b. Approved changes in an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement,

c. Changes in the construction schedule for a new ATWF, provided that no such change shall affect the permittee’s obligation to have all pollution control equipment installed and in operation prior to water leaving the ATWF,

2. The following revisions require the permittee to pay a processing fee as set forth in paragraph 62-4.050(4)(n), F.A.C.:

a. Changes to increase or decrease the permit requirements for monitoring or reporting,

b. Minor modifications to the facility.

(d) The Department shall prepare a draft permit and public notice under subsection 62-565.640(2), F.A.C., for any change to decrease permit requirements for monitoring or reporting.

(e) No permit revision is required for routine facility maintenance, or any modification associated with ancillary or electrical equipment and structures.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.615 Renewals

(1) A permittee shall submit an application to renew an existing permit at least 180 days before the expiration date of the existing permit.

(2) The permittee shall apply on Advanced Treatment Water Facility Permit Application, DEP Form 62-565.300(2)(a), (adopted and incorporated by reference in paragraph 62-565.300(2)(a), F.A.C., effective February 26, 2025) and include submittal of the appropriate processing fee set forth in paragraph 62-4.050(4)(n), F.A.C.

(3) An application filed in accordance with subsection (1) and (2) of this Rule, shall be considered timely and sufficient. When an application for renewal of a permit is timely and sufficient, the existing permit shall not expire until the Department has taken final action on the application for renewal or until the last day for seeking judicial review of the agency order or a later date fixed by order of the reviewing court.

(4) The late submittal of a renewal application shall be considered timely and sufficient for the purpose of extending the effectiveness of the expiring permit only if it is submitted and made complete before the expiration date.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.620 Transfer of Permit

(1) A permit may be transferred by the existing permittee to a proposed permittee only if the permit has been revised in accordance with subsection 62-565.610(2), F.A.C., to identify the proposed permittee and to incorporate other applicable statutory or rule requirements in effect at the time of revision or if the permit has been reissued.

(2) Each request for transfer of an ATWF permit shall be made and processed in accordance with Rule 62-4.120, F.A.C., except that the current permittee and the proposed permittee shall jointly submit Notification of Permit Transfer, DEP Form 62-565.300(2)(c), (adopted and incorporated by reference in paragraph 62-565.300(2)(c), F.A.C., effective February 26, 2025). Each application for transfer of an ATWF permit shall be accompanied by the proper processing fee, made payable to the Department of Environmental Protection mailed to the Division of Water Resource Management, Source and Drinking Water Program, MS 3540, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400 or electronically submitted to the Department using the DEP Business Portal at http://www-fldepportal.com/go/.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.625 Suspension and Revocation

Standards for suspension and revocation of an ATWF permit shall be in accordance with Rule 62-4.100, F.A.C.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.630 Recordkeeping

Unless the permit specifically indicates an alternative location, the permittee shall maintain the following records on the site of the permitted facility or activity:

(1) Records of all compliance monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, including, if applicable, a copy of the laboratory certification showing the certification number of the laboratory, for at least five years from the date the sample or measurement was taken;

(2) Copies of all reports, required by the permit for at least five years from the date the report was prepared;

(3) Records of all data, including reports and documents, used to complete the application for the permit for at least five years from the date the application was filed;

(4) All records used for calculations for reporting pursuant to this chapter for a period of five years from the date on which such information is submitted to the Department for any regulatory purpose.

(5) Copies of the logs and schedules showing plant operations and equipment maintenance for five years from the date on the logs or schedules;

(6) A copy of the current permit;

(7) A copy of the current operation and maintenance manual as required by Rule 62-565.590, F.A.C.;

(8) A copy of any required record drawings;

(9) Copies of the licenses of the current licensed operators; and

(10) A copy of the Joint Operations Plan as required in Rule 62-565.500, F.A.C.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.635 Application Processing

(1) Within 30 days after receipt of an application for permit and its processing fee, the Department shall notify the applicant if the application is not complete and shall request submittal of the additional information needed to review the application that the Department is authorized by law to request. If an applicant for a permit issued under this chapter is required to submit with the application a preliminary design report, engineering report, or other design materials for review, the Department shall advise the applicant if the report or materials are deficient and shall request additional information as appropriate. All Department requests for additional information shall be made in accordance with Sections 120.60, 403.0875 and 403.0876, F.S.

(2) If the application is for permit renewal, the Department shall specify a date for the submittal of the requested information.

(3) Within 30 days after receipt of such additional information, the Department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information.

(4) If the Department decides that a site visit is necessary in conjunction with processing the application, the applicant shall be notified and a visit scheduled.

(5) If the applicant fails to provide information requested or to correct deficiencies noted in the application, which were either requested or notified in accordance with subsection (1), and the information or correction is necessary to meet the requirements of this chapter, the permit shall be denied. If the incomplete application is for renewal of an expiring permit and the renewal is denied, appropriate enforcement action shall be imposed on the applicant for continuing to operate after the denial is final.

(6) The Department shall notify the applicant that the application is complete after receipt of all required information. The date on which the Department notifies the applicant that the application is complete is the effective date of the application.

(7) When an application is complete, the Department shall determine whether to prepare a draft permit for issuance or denial of a permit. The initial preparation of a draft permit for issuance does not preclude the Department from denying a permit after an opportunity for public comment or public meeting, if requested.

(8) The Department shall render a decision as to whether the draft permit will be for issuance or denial within 90 days after the Department has received all of the information necessary to make the application complete. If this time schedule is not met, the permit applicant may apply for an order from the circuit court requiring the Department to render a decision within a specified time.

(9) If the Department intends to deny the permit application, it shall issue a notice of intent to deny. Public notice under subsection 62-565.640(2), F.A.C., shall not be required. However, the Department shall prepare a statement of basis or fact sheet with the reasons for the proposed action. If the decision to deny is changed, except through an administrative hearing under Section 120.57, F.S., the Department shall withdraw the notice of intent to deny and shall proceed to prepare a draft permit. If the applicant requests an administrative hearing under Section 120.57, F.S., on the Department intent to deny, the applicant shall publish notice of proposed agency action under subsections 62-565.640(1) and 62-110.106(7), F.A.C. Upon completion of the administrative hearing, the Department shall issue or deny the permit in accordance with the conclusions of the proceedings, provided the applicant has published notice as required in subsections 62-565.640(1) and 62-110.106(7), F.A.C. If the applicant has not published notice as required in these rules, the Department shall proceed to prepare a draft permit.

(10) If the Department intends to prepare a draft permit for issuance, it shall prepare and mail to the applicant, not later than the effective date of the application, a project decision schedule. The schedule shall specify, at a minimum, target dates for the following:

(a) Preparation of a draft permit;

(b) Public notice, if required, under subsections 62-565.640(2) through (4), F.A.C.;

(c) Completion of the public comment period, including any public meeting, if held;

(d) Public notice, if required, under subsection 62-110.106(7), F.A.C.; and,

(e) Completion of any focal proceedings which may be associated with the application.

(11) A draft permit for issuance shall contain the following information:

(a) All conditions the applicant must meet;

(b) All applicable compliance schedules;

(c) All monitoring requirements; and,

(d) All reclaimed water or advanced treated water limitations, flow limitations, criteria, prohibitions, all general conditions, and all variances, if applicable.

(12) All draft permits shall be accompanied by a statement of basis or a fact sheet on which the Department relied in making its decision. The statement of basis or fact sheet shall be prepared in accordance with the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C.

(13) Comments from the public under subsections 62-565.640(2) through (4), F.A.C., shall be considered in evaluation of the draft permit. If a permit is issued, the Department shall prepare a response to the significant comments in accordance with Rule 62-565.645, F.A.C.

(14) The administrative record of the draft permit shall be available for public inspection at the Department office issuing the permit and shall consist of:

(a) The application and any supporting data provided by the applicant;

(b) The draft permit;

(c) The statement of basis or fact sheet;

(d) All documents cited in the statement of basis or fact sheet; and,

(e) Other documents contained in the supporting file.

(15) Material readily available at the Department office issuing the permit or published material that is generally available that is included in the administrative record need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the fact sheet.

(16) The Department shall:

(a) Prepare a proposed permit for potable reuse projects under this chapter, after the close of the public comment period under subsections 62-565.640(2) through (4), F.A.C., or, if requested, after any public meeting under Rule 62-565.645, F.A.C.; and

(b) Prepare a final permit for potable reuse projects under this chapter after public notice under subsection 62-565.640(1), F.A.C., or, if requested, after an administrative hearing.

(17) Permits for potable reuse projects shall be issued or denied as follows:

(a) The Department shall grant a permit or deny the permit application within 30 days after public notice of the decision on the draft permit as required under subsection 62-565.640(1), F.A.C.

(b) The time for issuing a permit or denying a permit application shall be tolled by the timely filing of a request for an administrative hearing under Section 120.569, F.S. The time shall be tolled until 45 days after the submission of a recommended order or until the administrative petition is dismissed or withdrawn.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17), 403.0875, 403.0876 FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.640 Public Notice

(1) Public notice under Chapter 120, F.S., and subsection 62-110.106(7), F.A.C., advising the applicant and all affected persons of their right to an administrative hearing shall be given as follows:

(a) Public notice shall be required for all permits for new or substantially modified facilities and those facilities described in subparagraph 62-110.106(7)(a)1., F.A.C.;

(b) Notice shall be given in accordance with subsection 62-110.106(7), F.A.C.; and,

(c) If the applicant is also required to give notice under subsections (2) through (4) of this rule, the notice required in this subsection shall be given following the preparation of a proposed permit under subsection 62-565.635(16), F.A.C.

(2) Public notice for potable reuse projects under this chapter, shall announce the preparation of a draft permit and solicit public comments on its efficacy or announce the date, time and location of a public meeting to take oral comments on a draft permit.

(a) Public notice under this subsection is required when the Department prepares a draft permit for all new advanced treatment water facilities, for all substantially revised permits, for all renewals of permits which have been issued under this chapter, and for minor revisions to a permit when the revision proposes to decrease a permit requirement for monitoring or reporting. No public notice is required when a request for a permit, permit revision, revocation and reissuance, or termination is denied. Written notice of that denial shall be given to anyone requesting it and to the permittee.

(b) Public notices may describe more than one permit or permit action.

(c) Public notice of the preparation of a draft permit shall allow at least 30 days for public comment.

(d) Public notice of a public meeting shall be given at least 30 days before the meeting. The notice may be given at the same time as public notice of the draft permit and the two notices may be combined.

(3) Public notice of activities described in subsection (2) of this rule, shall be given as set forth in paragraphs (a) and (b), below.

(a) Notice shall be given by mailing a copy of a notice to:

1. The applicant;

2. Any other agency which the Department knows has an interest in the draft permit or public meeting;

3. State agencies with jurisdiction over historical and archaeological sites; the Florida Department of State, Division of Archives and History;

4. Any unit of local government having jurisdiction over the area where the facility is proposed to be located;

5. Persons on Department mailing lists which shall be compiled by notifying the public of the opportunity to be placed on the mailing lists and from those persons who request in writing to be on the lists; and

6. Any industrial user identified in the permit application of a privately owned treatment works.

(b) For all major facilities and all other facilities of local interest, notice as described in subsection (4) of this rule, shall be given by publication one time only by the permittee at his expense in the daily or weekly newspaper of general circulation within the area affected by the facility or activity and meeting the requirements of Chapter 50, F.S. The Department shall provide the permittee with a copy of the notice to be published. Proof of publication of the notice shall be submitted by the permittee to the Department within two weeks of the date the notice appeared in the newspaper.

(4) Public notices required by paragraph (3)(b) of this rule, shall contain the following minimum information:

(a) Name and address of the Department office processing the permit action for which notice is being given;

(b) Name and address of the permittee or the permit applicant and, if different, of the facility or activity regulated by the permit;

(c) A brief description of the business conducted at the site or plant described in the permit application or the draft permit;

(d) Name, address and telephone number of a person in the Department from whom interested persons may obtain further information, including copies of the draft permit, statement of basis or fact sheet, and the application;

(e) A brief description of the public comment procedures and the time, date and place of any public meeting that will be held, including a statement of procedures to request a public meeting if one has not already been scheduled, and other procedures by which the public may participate in the final permit decision;

(f) A description of the location of the administrative record, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record;

(g) Reference to the date of previous public notices relating to the permit; and

(h) A brief description of the nature and purpose of a public meeting, if held.

(5) In addition to the public notice described in subsection (4) of this rule, all persons identified in subparagraphs (3)(a)1. through 4. of this rule, shall be mailed a copy of the fact sheet or statement of basis, the permit application form, and the draft permit. Upon request, persons identified in subparagraphs (3)(a)5. through 6. of this rule, will be provided the above documents at cost.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.645 Public Comments and Requests for Public Meetings

(1) During the public comment period provided in Rule 62-565.640, F.A.C., any interested person may submit written comments on the draft permit or may request a public meeting, if no public meeting has been scheduled.

(2) A request for a public meeting shall be in writing and shall state the nature of the issues proposed to be raised in the meeting.

(3) All significant comments, both written to the Department and presented at a public meeting, shall be considered in making the final decision and shall be answered when a final permit is issued. The response shall be available to the public and shall:

(a) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and,

(b) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period or during any public meeting.

(4) The Department shall hold a public meeting after public notice under subsection 62-565.640(3), F.A.C., whenever a significant degree of public interest in a draft permit is expressed through public comments and requests for a public meeting. The Department may also hold a public meeting whenever it might clarify one or more issues involved in the permit decision.

(5) If a public meeting is held, any person may submit oral or written statements and data concerning the draft permit.

(6) The public comment period under subsection 62-565.640(2), F.A.C., shall automatically be extended to the close of any public meeting under this section. The presiding officer at the public meeting may also extend the comment period by so stating at the meeting.

(7) An audio recording of verbal comments from the public meeting shall be made available to the public during regular business hours at the Department office processing the permit application.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.650 General Conditions for All Permits

(1) The permittee shall, at all times, properly operate and maintain the Advanced Treatment Water Facility (ATWF) and systems of treatment and control, and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of this permit. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to maintain or achieve compliance with the conditions of the permit.

(2) The permittee shall provide an operation and maintenance manual in accordance with Rule 62-565.590, F.A.C.

(3) Any residuals generated by the ATWF, or associated processes shall be disposed of in a landfill in accordance with Chapter 62-701, F.A.C., incinerated in accordance with Chapter 62-200 Series, F.A.C., or transported to another treatment facility for disposal in accordance with other applicable Department rules.

(4) The permittee shall maintain the following records on-site at the ATWF, unless the permit specifically indicates an alternative location, and make them available for inspection:

(a) Records of all compliance monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, including, if applicable, a copy of the laboratory certification showing the certification number of the laboratory, for at least five years from the date the sample or measurement was taken;

(b) Copies of all reports required by the permit for at least five years from the date the report was prepared;

(c) Records of all data, including reports and documents, used to complete the application for the permit for at least five years from the date the application was filed;

(d) A copy of the current Joint Operations Plan;

(e) A copy of the current permit;

(f) A copy of the current operation and maintenance manual;

(g) A copy of required record drawings;

(h) Copies of the licenses of the current licensed operators; and,

(i) Copies of the logs and schedules showing plant operations and equipment maintenance for five years from the date on the logs or schedules.

(5) In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except as such use is proscribed by Section 403.111, F.S., or subsection 62-565.100(5), F.A.C.

(6) The terms, conditions, requirements, limitations, and restrictions set forth in this permit are binding and enforceable pursuant to Chapter 403, F.S. Any permit noncompliance constitutes a violation of Chapter 403, F.S., and is grounds for enforcement action, permit termination, permit revocation and reissuance, or permit revision.

(7) This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit constitutes grounds for revocation and enforcement action by the Department.

(8) As provided in Section 403.087(8), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor authorize any infringement of federal, state, or local laws or regulations. This permit is not a waiver or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit.

(9) This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

(10) This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plant life, or property caused by the construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. The permittee shall take all reasonable steps to minimize or prevent any discharge, reuse of reclaimed water, or residuals disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(11) If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit.

(12) The permittee shall apply for a revision to the ATWF permit in accordance with Rules 62-565.600 and 62-565.610, F.A.C., at least 90 days before construction of any planned substantial modifications to the permitted facility is to commence or with Rule 62-565.610, F.A.C., for minor modifications to the permitted facility.

(13) This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

(14) This permit is transferable only upon Department approval in accordance with Rule 62-565.620, F.A.C. The permittee shall be liable for any noncompliance of the permitted activity until the transfer is approved by the Department.

(15) The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of an ATWF or connected facilities and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment.

(16) The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an authorized representative of the Department, when applicable, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, to:

(a) Enter upon the permittee’s premises where a regulated facility, system, or activity is located or conducted, or where records shall be kept under the conditions of this permit;

(b) Have access to and copy any records that shall be kept under the conditions of this permit;

(c) Inspect the facilities, equipment, practices, or operations regulated or required under this permit; and,

(d) Sample or monitor any substances or parameters at any location necessary to assure compliance with this permit or Department rules.

(17) The permittee, in accepting this permit, agrees to pay the applicable regulatory program and surveillance fee in accordance with Rule 62-4.052, F.A.C.

(18) Bypass Provisions.

(a) Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and,

2. There were no feasible alternatives to the bypass, including the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and,

3. The permittee submitted notices as required under paragraph (18)(b) of this permit.

(b) If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if possible, at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required in subsection (18), of this permit. A notice shall include a description of the bypass and its cause; the period of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.

(c) The Department shall approve an anticipated bypass, after considering its adverse effect, if the permittee demonstrates that it will meet the three conditions listed in subparagraphs (18)(a)1. through 3., of this rule.

(d) A permittee may allow any bypass to occur which does not cause reclaimed water or advanced treated water limitations to be exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subparagraphs (18)(a)1. through 3., of this rule.

(19) Upset Provisions.

(a) A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred, and that the permittee can identify the cause(s) of the upset,

2. The permitted facility was at the time being properly operated, and

3. The permittee complied with any remedial measures required under subsection (10), of this permit.

(b) In any enforcement proceeding, the burden of proof for establishing the occurrence of an upset rests with the permittee.

(c) Before an enforcement proceeding is instituted, no representation made during the Department review of a claim that noncompliance was caused by an upset is final agency action subject to judicial review.

(d) Reclaimed water resulting from an upset shall be considered off-spec water. It shall be diverted to the off-spec water storage area in accordance with Rule 62-565.520, F.A.C.

(20) When requested by the Department, the permittee shall within thirty days provide any information required by law which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted within thirty days of discovery, or corrections promptly reported to the Department within thirty days of implementation. For the purposes of this section an applicant may request additional time to provide the required information where good cause, as outlined in paragraph 62-565.610(1)(b), F.A.C., is shown.

(21) Unless specifically stated otherwise in Department rules, the permittee, in accepting this permit, agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance, in accordance with the provisions of section 403.151, F.S.; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules.

(22) The permittee shall give notice to the Department a minimum of 30 days prior to any planned changes, in the permitted ATWF which may result in noncompliance with permit requirements. The permittee shall be responsible for any and all damages which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shall include the following information:

(a) A description of the anticipated noncompliance;

(b) The period of the anticipated noncompliance, including dates and times; and,

(c) Steps being taken to prevent future occurrence of the noncompliance.

(23) The permit shall only be valid for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit constitutes grounds for revocation and enforcement action by the Department.

(24) Reopener clause. After notice and, if requested, an administrative hearing pursuant to Section 120.57, F.S., the permit may be revised or revoked and reissued if statutes, rules, or standards, including toxicity standards or prohibitions require the revision of permit conditions.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.655 Guidelines for Establishing Specific Permit Conditions

In addition to the general conditions listed in Rule 62-565.650, F.A.C., an ATWF permit shall contain specific conditions necessary to preserve and protect the quality of the water leaving the ATWF and to ensure proper operation of the potable reuse system. The specific conditions shall address:

(1) Specific conditions necessary to provide reasonable assurance that Department rules will be met.

(2) Applicable requirements in Chapters 62-550, 62-555, 62-565 and 62-610, F.A.C.

(3) The manner, nature, volume, and frequency of the water leaving the ATWF.

(4) TBTRs as defined in Rule 62-565.200, F.A.C.;

(5) Pathogen reduction requirements;

(6) Any requirement in addition to or more stringent than applicable promulgated limitations necessary to provide reasonable assurance that the water leaving the ATWF will not cause or contribute to violations of drinking water standards and pathogens reduction requirements in Rules 62-565.500, .510, .520, .530, and .540, F.A.C.

(7) The schedule for construction of the facility or any modification thereto, and any required start-up or testing period needed, including dates for compliance monitoring;

(8) Sampling and monitoring in accordance with Rule 62-565.540, F.A.C.

(a) Monitoring results reported at the intervals specified in the ATWF permit shall be reported on the Advanced Treatment Water Facility Monitoring Report, DEP Form 62-565.300(2)(d), (adopted and incorporated by reference in paragraph 62-565.300(2)(d), F.A.C., effective February 26, 2025), or as specified in the ATWF permit.

(b) If the permittee monitors any contaminant more frequently than required by the permit, using Department approved test procedures, the results of this monitoring shall be included in the calculation and reporting of the data submitted on the Advanced Treatment Water Facility Monitoring Report.

(c) Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit.

(d) Except as specifically provided in Rule 62-160.300, F.A.C., any laboratory test required by an ATWF permit shall be performed by a laboratory meeting the requirements of Rule 62-160.300, F.A.C., that has been certified. Such certification shall be for the matrix, test method and analyte(s).

(e) Field activities including on-site tests and sample collection shall follow the applicable standard operating procedures specified in “The Department of Environmental Protection Standard Operating Procedures for Field Activities,” DEP-SOP-001/01 adopted and incorporated by reference in paragraph 62-160.800(1)(a), F.A.C.

(f) Alternate field procedures and laboratory methods may be used where they have been approved in accordance with Rules 62-160.220 and 62-160.330, F.A.C.

(g) Where field procedures in paragraph (e) and (f) above are unavailable, accepted published methods approved by the department may be used for monitoring.

(9) Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each schedule date.

(10) The permittee’s responsibility to report all instances of noncompliance not reported under subsections 62-565.650(21), F.A.C., and 62-565.655(9), F.A.C., of this rule at the time monitoring reports are submitted. This report shall contain the same information required by subsection 62-565.650(21), F.A.C., of this permit.

(11) ATWF staffing requirements in accordance with subsection 62-565.590(6), F.A.C.

(12) When an ATWF permit is renewed or reissued standards, log reduction values or conditions shall be at least as stringent as the standards, log reduction values or conditions in the previous permit unless the circumstances on which the previous permit was based have materially and substantially changed since the time the permit was issued and would constitute cause for permit revision or revocation and reissuance.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Fla. Admin. Code R. 62-565.700 Compliance for Advanced Treatment Water Facilities and Potable Reuse Systems

(1) General.

(a) The Department uses the information submitted on Advanced Treatment Water Facility Monitoring Report, DEP Form 62-565.300(2)(d), (adopted and incorporated by reference in paragraph 62-565.300(2)(d), F.A.C., effective February 26, 2025), required by Rule 62-565.550, F.A.C., to establish ATWF compliance, or noncompliance, with the treatment standards of this rule.

(b) The Department may also take enforcement action based on its own sample collection activities using any of the annual, monthly, weekly, or maximum-permissible concentrations specified in this chapter. Use of such data shall not preclude enforcement action pursuant to the provisions of this or any other chapter of the Florida Administrative Code. The use of grab or composite samples for evaluating annual, monthly, or weekly compliance shall be consistent with grab or composite sampling technique.

(c) Nothing in this or any other rules of the Florida Administrative Code shall preclude the use, by the Department, of additional or more representative sampling data in establishing compliance status.

(2) Inspections.

(a) Any designated representative of the Department may inspect an ATWF, or any component of the potable reuse system, at any reasonable time, for the purpose of ascertaining the state of compliance with the law or with rules or orders of the Department.

(b) Inspections shall be conducted to ensure compliance with the operational requirements established in this chapter.

(c) The Department shall provide written notice of any non-compliance with applicable rules or orders of the Department to the permittee no more than sixty days following an inspection.

History

• Rulemaking Authority 403.861(9), 403.064(17) FS. Law Implemented 403.852(12), 403.861(7), 403.853(6), 403.861(17), 403.064(17) FS. History – New 2-26-25, Reviewed 8-5-26.

Chapter 62-570 INNOVATIVE NUTRIENT AND SEDIMENT REDUCTION AND CONSERVATION PILOT PROJECT

Fla. Admin. Code R. 62-570.100 Definitions

For purposes of this rule chapter:

(1) “Applicant” means a local government that has applied, or intends to apply, for grant funding under this chapter.

(2) “Innovative” means an emerging technology/practice or a proven technology/practice that is being used in a unique way, to either reduce nutrient or sediment loading or to conserve water through increased water use efficiency.

(3) “Local government” means a municipality, county, special district, or authority, or any agency thereof, or a combination of two or more of the foregoing acting jointly in connection with a project.

(4) “Total cost of the project” means estimated costs associated with the project for design, construction, demobilization, mobilization, operation, procurement of equipment and materials, effectiveness monitoring, and water quality monitoring.

History

• Rulemaking Authority 403.0617 FS. Law Implemented 403.0617 FS. History–New 7-17-17.

Fla. Admin. Code R. 62-570.200 General Program Requirements

(1) This chapter implements Section 403.0617, F.S., and provides procedures and criteria for participation in the Innovative Nutrient and Sediment Reduction and Conservation Pilot Project Program.

(2) The Department shall solicit proposals at least once a year, in years which funding is appropriated by the legislature for innovative projects to receive grant funding under this chapter. Any solicitation for proposals by the Department shall specify the weight to be given to the criteria set forth in subsection 62-550.300(2), F.A.C., for purposes of ranking proposals that are received by the Department.

(3) If the Department is soliciting proposals for projects, an interested applicant may apply for grant funding under this chapter by submitting a Pilot Project Proposal Application, Form 62-570.200(1), effective July, 2017, hereby adopted and incorporated by reference. Copies of the form may be obtained by writing to the Florida Department of Environmental Protection, Division of Water Restoration Assistance, 3900 Commonwealth Boulevard, Mail Station 3600, Tallahassee, Florida 32399 or the form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-08460.

(4) To receive grant funding, projects must be determined by the Department to not be harmful to the ecological resources in the area. Project information to be evaluated to determine whether projects are harmful can include: addition of chemical or biological substances, alteration of the topography, changes to flora and fauna, habitat loss, and history of environmental impacts during other applications of a similar technology.

(5) The general effectiveness of nutrient or sediment reduction technology or water conservation technology, or the particular application or scalability of such technologies, to be employed through the project must be considered innovative, but be capable of reasonable measurement.

(6) All projects must include effectiveness monitoring to determine the actual nutrient or sediment reduction or water savings associated with implementation of the project. The results of the effectiveness monitoring and any other water quality or quantity monitoring required in the funding agreement, shall be provided annually to the Department, unless otherwise specified in the funding agreement between the applicant and the Department.

(7) The Department will evaluate and rank projects using the criteria in Rule 62-570.300, F.A.C. Once notified of selection, the applicant must provide the Department with a proposed scope of work and budget to enable the Department to prepare and negotiate an agreement with the selected applicant.

History

• Rulemaking Authority 403.0617 FS. Law Implemented 403.0617 FS. History–New 7-17-17.

Fla. Admin. Code R. 62-570.300 Project Selection Criteria

(1) After the closing date for submittal of proposals, complete and timely project applications meeting the requirements of Rule 62-570.200, F.A.C., shall be evaluated and ranked on the criteria in this section.

(2) Projects shall be evaluated and ranked based on:

(a) The amount of funding the applicant is requesting for the project.

(b) Whether the project is identified as a high priority project in the most recent annual report required by Section 403.0675(1), F.S.

(c) The projected total cost of the project and the percentage of the total cost to be provided by the applicant.

(d) For the percentage of the total cost of the project to be provided by the applicant, whether there is an obligated funding source for those costs.

(e) The estimated length of time to complete the project.

(f) Whether the project is located in a rural area of opportunity as defined in Section 288.0656, F.S.

(g) Whether the applicant has used their own funds for other projects to improve the water quality or water quantity of the applicable waterbody.

(h) For projects with water quality benefits:

1. The quantity of nutrients or sediment the project is estimated to remove from the water body. Estimates should be based on sound scientific principles and be fully documented in the funding application.

2. The estimated cost per pound to remove each pound of nitrogen or phosphorus or sediment.

3. The potential for the project to provide a cost-effective solution to nutrient or sediment reduction.

4. The cost of the project and the length of time it will take to complete relative to its expected benefits.

5. Whether the receiving waterbody is verified impaired for nutrients pursuant to Chapter 62-303, F.A.C.

(i) For projects with water quantity benefits:

1. The anticipated impact the project will have on restoring or increasing water flow or level.

2. The quantity of water the project is estimated to conserve. Estimates should be based on scientific principles and be fully documented in the funding application.

3. The estimated cost per thousand gallons of water conserved.

4. The cost of the project and the length of time it will take to complete relative to its expected benefits.

5. The project is in a water resource caution area or contributes to implementation of an adopted minimum flow or minimum water level recovery or prevention strategy.

History

• Rulemaking Authority 403.0617 FS. Law Implemented 403.0617 FS. History–New 7-17-17.

Chapter 62-600 DOMESTIC WASTEWATER FACILITIES

Fla. Admin. Code R. 62-600.100 Applicability

(1) Standards and requirements in this chapter shall apply only to domestic wastewater treatment, reuse, and disposal facilities (including biosolids management facilities). Any reference to wastewater facility in this chapter means a domestic wastewater facility.

(2) The standards and requirements of Parts II and V of Chapter 62-600, and Rule 62-600.500, F.A.C., shall be applicable to septic systems and other onsite closed-tank wastewater treatment systems with subsurface disposal regulated by this chapter. The reliability requirements of paragraph 62-600.400(1)(b), F.A.C., shall not apply to such septic systems and other onsite closed-tank wastewater treatment systems.

(3) The discharge limitation of subsection 62-600.510(5), F.A.C., shall not be applicable to facilities permitted on or before January 1, 1982, that discharge into Class II waters or Class III waters which are subsequently reclassified as Class II waters.

History

• Rulemaking Authority 403.051, 403.061, 403.062, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.100, Amended 12-24-96, 2-8-16.

Fla. Admin. Code R. 62-600.110 Applicability

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.110, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.120 Exemptions

(1) Onsite sewage treatment and disposal systems regulated by DOH are exempted from the requirements of this chapter. DOH regulates onsite sewage treatment and disposal systems in accordance with Section 381.0065, F.S.

(2) Additional relief from the criteria established by this chapter may be provided through an exemption, pursuant to Rule 62-4.243, F.A.C., or a variance, pursuant to Sections 403.201 and 120.542, F.S.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.120, Amended 12-24-96, 2-8-16.

Fla. Admin. Code R. 62-600.130 Applicability

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.130, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.200 Definitions

Terms used in this chapter shall have the meanings specified below.

(1) “Ammonia nitrogen (NH3-N)” means the quantity of elemental nitrogen present in water or wastewater as ammonia (NH3), expressed as elemental nitrogen, N, as determined using approved methods.

(2) “Annual average daily flow (AADF)” means the arithmetic mean of the 12 monthly average daily flows calculated during any consecutive 12-month period, expressed in units of mgd.

(3) “Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells, springs, or surface water.

(4) “Approved methods” means sampling and laboratory testing methods conducted in accordance with Rule 62-4.246, Part IV of this chapter; Chapter 62-160, and paragraph 62-620.100(3)(j), F.A.C., as appropriate.

(5) “Arithmetic mean” means the value computed by dividing the sum of a set of terms by the number of terms.

(6) “Average daily flow (ADF)” means the total volume of wastewater flowing into a wastewater facility during some defined period of time, divided by the number of days in that period of time, expressed in units of mgd.

(7) “Biosolids” means the solid, semisolid, or liquid residue generated during the treatment of domestic wastewater as defined in Chapter 62-640, F.A.C. Not included is the treated effluent or reclaimed water from a domestic wastewater treatment plant.

(8) “Carbonaceous biochemical oxygen demand (CBOD5)” means the quantity of oxygen utilized in the carbonaceous biochemical oxidation of organic matter present in water or wastewater, reported as a five-day value determined using approved methods.

(9) “Chloride” means the negatively charged chloride ion (Cl-) in water or wastewater, as determined using approved methods.

(10) “Coastal recreation waters” means those waters defined in 40 C.F.R. 131.41(b).

(11) “Coastal waters” means all estuarine, gulf, or ocean waters which are not classified as open ocean waters.

(12) “Collection/transmission systems” means sewers, pipelines, conduits, pumping stations, force mains, and all other facilities used for collection and transmission of wastewater from individual service connections to facilities intended for the purpose of providing treatment prior to release to the environment.

(13) “Composite sample” means a single sample that is a combination of individual sub-samples of wastewater, effluent, or reclaimed water taken at selected intervals, usually based on time or flow volumes, to minimize the effect of the variability of the individual sub-samples.

(14) “Department” means the State of Florida Department of Environmental Protection.

(15) “DOH” means the State of Florida Department of Health.

(16) “Design capacity” means the average daily flow projected for the design year which serves as the basis for the sizing and design of the wastewater facilities. The design capacity is established by the permit applicant. The time frame associated with the design capacity (e.g., annual average daily flow, monthly average daily flow, three-month average daily flow) shall be specified by the permit applicant.

(17) “Developed areas” means areas in or adjacent to residential, commercial, or residentially or commercially-zoned areas.

(18) “Disinfection” means the selective destruction of pathogens in wastewater effluents, reclaimed water, and biosolids.

(19) “Disposal system” means injection wells, effluent outfalls, land application systems, and other facilities utilized for the release of effluents into the environment.

(20) “District office” means the regional district offices of the Department.

(21) “Domestic wastewater” means wastewater derived principally from dwellings, business buildings, institutions, and the like, commonly referred to as sanitary wastewater or sewage. Where industrial wastewater is combined with domestic wastewater for treatment, the determination of whether or not the wastewater treatment plant is designated as “domestic” shall be made by the Department considering any or all of the following: biosolids classification; whether wastewaters have been pretreated or contain constituents within 50-150%, by concentration, of typical domestic wastewater; and whether the permittee, when not required to provide more stringent or otherwise specific levels of treatment, can provide assurance of facility compliance with domestic wastewater treatment standards contained in this chapter.

(22) “Effluent,” unless specifically stated otherwise, means water that is not reused after flowing out of any plant or other works used for the purpose of treating, stabilizing, or holding wastes.

(23) “Effluent limitation” means the same as defined in Section 403.031(3), F.S.

(24) “Fecal coliforms” means members of the coliform group capable of producing gas from lactose at 44.5º C, as determined using approved methods.

(25) “Flow” shall mean the following:

(a) For wastewater facilities having a permitted capacity of 100,000 gallons per day or greater, flow values obtained from recording flow meters and totalizers, calibrated at least once every 12 months; and,

(b) For wastewater facilities having a permitted capacity of less than 100,000 gallons per day, flow values obtained by one of the following methods:

1. Elapsed time measurements on pumps where pumps are responsible for the flow and where the pumping rate is calibrated at least once every 12 months,

2. Consumptive water use measurements based upon written approval by the Department where elapsed time measurement on pumps cannot be made,

3. Flow meters and weirs, calibrated at least once every 12 months, or

4. Other means using established engineering techniques.

(26) “Geometric mean” means that nth root of the product of n numbers.

(27) “Grab sample” means a single sample of wastewater, effluent, or reclaimed water.

(28) “Ground water” means water beneath the surface of the ground within a zone of saturation, whether or not flowing through known and definite channels.

(29) “Holding pond” means a storage tank or artificial impoundment or pond constructed above, on, below, or partly below the ground surface that is designed and maintained to store a specific volume of fluid and minimize fluid losses other than those primarily occurring by evaporation; generally, holding ponds are not intended to provide a mechanism for pollutant reduction. When used in conjunction with rapid-rate land application systems or other systems described in Chapter 62-610, F.A.C., holding ponds can also provide a mechanism to accomplish nitrogen reduction.

(30) “Industrial wastewater” means the same as defined in Rule 62-620.200, F.A.C.

(31) “Infiltration” means groundwater that enters a collection/transmission system, including service connections, through defective pipes, pipe joints, connections, service connections, manholes, or pump stations. Infiltration does not include, and is distinguished from inflow. Infiltration is generally observed during seasonally high ground water conditions.

(32) “Inflow” means surface water and stormwater that enters a collection/transmission system, including service connections, from sources such as roof leaders, cellar drains, yard drains, area drains, drains from wet areas, foundation drains, cross connections between storm sewers and sanitary sewers, catch basins, stormwater, surface rounoff, manhole covers, or drainage. Inflow does not include permitted industrial discharges into the collection system or the intentional introduction of water into a collection system to supplement reclaimed water supplies. Inflow does not include, and is distinguished from, infiltration. Inflow is generally observed during wet weather as well as in coastal communities during some high tide flooding events.

(33) “Land application” means the reuse of reclaimed water or the disposal of effluent on, above, or into the surface of the ground through spray irrigation, other irrigation techniques, rapid-rate systems, absorption fields, overland flow systems, or other methods.

(34) “Leakage” or “exfiltration” means wastewater that leaks into surrounding soil from deteriorated, poorly designed, poorly constructed, or otherwise defective collection/transmission systems including from service connections, pipes, manholes, and pump stations.

(35) “Membrane filter (MF) method” means a method for the direct enumeration of specific microorganisms resulting from the passage of an appropriate volume of water or wastewater through a membrane filter that retains the microorganisms present in the sample, using approved methods.

(36) “Modification” means any alteration, expansion, upgrade, extension, replacement of, or addition to an existing wastewater facility or activity. “Modification” does not include, and no permit revision is required for structural changes to an existing wastewater facility or activity, site or plant, that do not change the quality, nature, or quantity of the discharge of wastes or that do not cause water pollution.

(37) “Monitoring well” means a strategically located well from which ground water levels are measured or samples are withdrawn for water quality analysis.

(38) “Monthly average daily flow” means the total volume of wastewater flowing into a wastewater facility during a calendar month, divided by the number of days in that month, expressed in units of mgd.

(39) “Most probable number (MPN) method” means a method for the detection and estimation of specific microorganisms in water or wastewater samples by the multiple fermentation tube technique, as determined using approved methods.

(40) “Nitrate (NO3)” means the nitrogen content present in water or wastewater attributable to the nitrate (NO3) ion, expressed as elemental nitrogen, N, as determined using approved methods.

(41) “Nitrite (NO2)” means the nitrogen content present in water or wastewater attributable to the nitrite (NO2) ion and expressed as elemental nitrogen, N, as determined using approved methods.

(42) “Nutrients” shall mean the separately reported values of total nitrogen, total phosphorus, total ammonia, ammonia nitrogen, nitrate plus nitrite nitrogen, organic nitrogen, and ortho-phosphate.

(43) “Ocean outfall” means the outlet or structure through which effluent is finally discharged to the marine environment which includes the territorial sea, contiguous zone, and the ocean.

(44) “Onsite sewage treatment and disposal system” means an onsite sewage treatment and disposal system as defined in section 381.0065, F.S.

(45) “Open ocean waters” means all surface waters extending seaward from the most seaward natural 90-foot (15-fathom) isobath. Contour lines may be determined from National Oceanic and Atmospheric Administration Charts.

(46) “Operator” means any person who is in onsite charge of the actual operation, supervision, and maintenance of a domestic wastewater treatment plant and includes the person in onsite charge of a shift or period of operation during any part of the day. Operator also means any person operating an electronic control system. Such persons shall be licensed in accordance with Chapter 62-602, F.A.C.

(47) “Organic nitrogen” means nitrogen chemically bound in organic molecules such as proteins, amines, and amino acids; total Kjeldahl nitrogen minus ammonia nitrogen.

(48) “Ortho-phosphate” means the inorganic phosphorus present as phosphate ions or a salt of the phosphate ion in water or wastewater as determined using approved methods.

(49) “Outfall” means the outlet, structure, or designated location through which effluent is discharged to surface water.

(50) “Pathogens” means disease-producing organisms.

(51) “Peak hourly flow (PHF)” means the average flow rate during the one-hour period of the day when wastewater flows are at a maximum, expressed in units of mgd.

(52) “Permitted capacity” means the treatment, reuse, or disposal capacity for which a facility is approved by Department permit expressed in units of mgd. The permit shall specify the time frame associated with the permitted capacity (e.g., annual average daily flow, monthly average daily flow, three-month average daily flow).

(53) “Permittee” means the owner, operator or other entity to which a permit for a wastewater facility or activity is issued by the Department. The term “permittee” shall be functionally synonymous with the terms “owner,” “contractor,” and “licensee,” but shall not include licensed individuals, such as State certified operators, unless they are the persons to whom a facility permit is issued by the Department. The term shall extend to a permit “applicant” for purposes of this chapter.

(54) “pH” means the negative common logarithm of the hydrogen-ion activity in moles per liter, as determined using approved methods.

(55) “Pollution” means the same as defined in Section 403.031(7), F.S.

(56) “Preapplication treatment” means that level of treatment provided prior to application of reclaimed water or effluent to a land application system.

(57) “Reclaimed water,” except as specifically provided in Chapter 62-610, F.A.C., means water that has received at least secondary treatment and basic disinfection and is reused after flowing out of a domestic wastewater treatment facility.

(58) “Reuse” means the deliberate application of reclaimed water, in compliance with Department and Water Management District rules, for a beneficial purpose. Criteria used to classify projects as “reuse” or “effluent disposal” are contained in Rule 62-610.810, F.A.C.

(59) “Sanitary sewer lateral” means a privately-owned pipeline connecting a property to the main sewer line which is maintained and repaired by the property owner.

(60) “Sanitary sewer overflow” means any overflow, spill, release, discharge, or diversion of wastewater from a domestic wastewater collection/transmission system.

(61) “Satellite collection system” means a collection/transmission system owned or operated by an entity other than the entity that owns the wastewater treatment facility.

(62) “Secondary treatment” means wastewater treatment to a level that will achieve the effluent limitations specified in Rule 62-600.420, F.A.C.

(63) “Secretary” means the same as defined in Section 403.803(12), F.S.

(64) “Septic system” means a system that contains a standard subsurface, filled, or mound drainfield system; a septic tank; a pump tank; or a solids or effluent pump that is installed or proposed to be installed beyond the building sewer on land of the owner or on other land to which the owner has the legal right to install a system. The term includes any item placed within, or intended to be used as part of or in conjunction with, the system.

(65) “Surface water” means surface water as defined in Section 373.019(21), F.S.

(66) “Technology -based effluent limitation (TBEL)” means a minimum treatment requirement, established by the Department, based on treatment technology. The minimum treatment requirements may be set at levels more stringent than that which is necessary to meet water quality standards of the receiving water body as set out specifically in other sections of this chapter.

(67) “Three-month average daily flow” means the arithmetic mean of the three monthly average daily flows calculated during any consecutive three-month period, expressed in units of mgd.

(68) “Total ammonia” means the sum of nitrogen content present as un-ionized ammonia (NH3) and the nitrogen content present as ammonium (NH4+), expressed as elemental nitrogen, N, as determined using approved methods.

(69) “Total chlorine residual” means the chlorine remaining in water or wastewater at the end of a specific contact period as combined and free chlorine, measured analytically by approved methods as combined chlorine residual.

(70) “Total Kjeldahl nitrogen (TKN)” means the sum of ammonia nitrogen and organic nitrogen compounds in water or wastewater, expressed as elemental nitrogen, N, as determined using approved methods.

(71) “Total nitrogen (TN)” means the total content of the nitrogen species of organic nitrogen, ammonia, nitrate and nitrite present in water or wastewater expressed as elemental nitrogen, N, as determined using approved methods.

(72) “Total phosphorus (TP)” means the total phosphate content of water or wastewater including all of the orthophosphates and condensed phosphates, both soluble and insoluble, and organic and inorganic species and expressed as elemental phosphorus, P, as determined using approved methods.

(73) “Total suspended solids (TSS)” means solids that either float on the surface of, or are suspended in, water or wastewater; the quantity of material removed from a sample in a laboratory test referred to as nonfiltrable residue, as determined using approved methods.

(74) “Treatment” means any method, technique, or process which changes the physical, chemical, or biological character or composition of wastewater and thereby reduces its potential for polluting waters of the state.

(75) “Treatment plant” means the same as domestic wastewater treatment plant as defined in Section 403.866(2), F.S.

(76) “Type I facility” means a wastewater facility having a permitted capacity of 500,000 gallons per day or greater.

(77) “Type II facility” means a wastewater facility having a permitted capacity of 100,000 up to but not including 500,000 gallons per day.

(78) “Type III facility” means a wastewater facility having a permitted capacity of over 2,000 up to but not including 100,000 gallons per day.

(79) “Underground injection” means effluent disposal or reuse by well injection into underground geologic formations.

(80) “Wastes” means the same as defined in Section 403.031(12), F.S.

(81) “Wastewater” means the combination of liquid and water-carried pollutants from residences, commercial buildings, industrial plants, and institutions together with any ground water, surface runoff or leachate that may be present.

(82) “Wastewater facility” or “facility” means any facility which discharges wastes into waters of the State or which can reasonably be expected to be a source of water pollution and includes any or all of the following: the collection and transmission system, the wastewater treatment works, the reuse or disposal system, and the biosolids management facility.

(83) “Waters” means the same as defined in Section 403.031(13), F.S.

(84) “Water hammer” means a dynamic pressure caused by the sudden transformation of kinetic energy to pressure energy when a liquid flowing full in a pipeline is abruptly stopped.

(85) “Water quality -based effluent limitation (WQBEL)” means an effluent limitation, which may be more stringent than a technology -based effluent limitation, that has been determined necessary by the Department to ensure that water quality standards in a receiving body of water will not be violated.

(86) “Water quality standards” means standards composed of designated present and future most beneficial uses (classification of waters), the numerical and narrative criteria applied to the specific water uses or classification, the Florida anti-degradation policy, and the moderating provisions contained in Chapters 62-4 and 62-302, F.A.C., adopted pursuant to Chapter 403, F.S.

(87) “Zone of mixing” or “mixing zone” means a volume of surface water containing the point or area of discharge and within which an opportunity for the mixture of wastes with receiving surface waters has been afforded.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.200, Amended 12-24-96, 2-8-16, 9-27-21, 1-16-22.

Fla. Admin. Code R. 62-600.300 General Technical Documents

(1) Unless otherwise specified, the technical standards and criteria contained in the following manuals and technical publications listed in subsection 62-600.300(2), F.A.C., are provided to assist applicants and permittees comply with the requirements of this chapter.

(2) Manuals and Publications.

(a) Water Pollution Control Federation, 1977. Manual of Practice No. 8. Wastewater Treatment Plant Design. W.P.C.F., 601 Wythe Street, Alexandria, Virginia 22314-1994, http://www.wef.org.

(b) Great Lakes/Upper Mississippi River Board of State Sanitary Engineers, 2014 edition. Recommended Standards for Wastewater Facilities. Health Research, Inc., Health Education Services Division, P.O. Box 7126, Albany, New York 12224. http://www.healthresearch.org.

(c) U.S. Environmental Protection Agency, 1987. Phosphorus Removal-Design Manual. EPA-625/1-87-001. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, http://www.epa.gov/nscep/index.html.

(d) U.S. Environmental Protection Agency, 1973. Carbon Absorption-Process Design Manual. EPA-625/1-71-002a. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, http://www.epa.gov/nscep/index.html.

(e) U.S. Environmental Protection Agency, 1975. Suspended Solids Removal-Process Design Manual. EPA-625/1-75-003a. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, http://www.epa.gov/nscep/index.html.

(f) U.S. Environmental Protection Agency, 1974. Upgrading Existing Wastewater Treatment Plants – Process Design Manual. EPA-625/1-71-004a. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, http://www.epa.gov/nscep/index.html.

(g) U.S. Environmental Protection Agency, 1985. Odor and Corrosion Control in Sanitary Sewerage Systems and Treatment Plants – Process Design Manual. EPA-625/1-85-018. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, http://www.epa.gov/nscep/index.

(h) U.S. Environmental Protection Agency, 1993. Nitrogen Control – Process Design Manual. EPA-625/R-93/010. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, http://www.epa.gov.

(i) U.S. Environmental Protection Agency, 2006. Land Treatment of Municipal Wastewater Effluents – Process Design Manual. EPA-625/R-06/016. EPA National Risk Management Research Laboratory, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, http://www.epa.gov/nscep/index.html.

(j) U.S. Environmental Protection Agency, 1977. Wastewater Treatment Facilities for Sewered Small Communities – Process Design Manual. EPA-625/1-77-009. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, http://www.epa.gov/nscep/index.html.

(k) U.S. Environmental Protection Agency, 1979. Sludge Treatment and Disposal – Process Design Manual. EPA-625/1-79-011. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, http://www.epa.gov/nscep/index.html.

(l) U.S. Environmental Protection Agency, 1974. Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability – MCD-05. EPA-430/99-74-001. Environmental Quality Instructional Resources Center, The Ohio State University, 1200 Chambers Road, Room 310, Columbus, Ohio 43212. This publication is hereby adopted and incorporated by reference herein effective January 16, 2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-13946. A copy of the publication may be obtained from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(m) U.S. Environmental Protection Agency, 1974. Protection of Shellfish Waters – MCD-06. EPA-430/9-74-010. Environmental Quality Instructional Resources Center, The Ohio State University, 1200 Chambers Road, Room 310, Columbus, Ohio 43212, http://www.epa.gov/nscep/index.html.

(n) U.S. Environmental Protection Agency, 1977. Procedures Manual for Groundwater Monitoring at Solid Waste Disposal Facilities. EPA-530/SW-611. National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, http://www.epa.gov/nscep/index.html.

(o) U.S. Environmental Protection Agency, 2002. Onsite Wastewater Treatment Systems Manual. EPA/625/R-00/008. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, http://www.epa.gov/nscep/index.html.

(p) U.S. Department of Agriculture, Soil Conservation Service, 1973. Drainage of Agricultural Land. Water Information Center, Inc., 125 East Bethpage Road, Plainview, New York 11803, http://www.nrcs.usda.gov/.

(q) Florida Fish and Wildlife Conservation Commission, 2018. Florida Land Cover Classification System. Florida Fish and Wildlife Research Institute, 100 8th Avenue SE, Saint Petersburg, Florida 33701, www.myfwc.com.

(r) U.S. Environmental Protection Agency, 1976. Direct Environmental Factors at Municipal Wastewater Works – MCD-20. EPA-430/9-76-003. Environmental Quality Instructional Resources Center, The Ohio State University, 1200 Chambers Road, Room 310, Columbus, Ohio 43212, http://www.epa.gov/nscep/index.html.

(s) U.S. Environmental Protection Agency, 1986. Municipal Wastewater Disinfection – Design Manual. EPA-625/1-86-021. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, http://www.epa.gov/nscep/index.html.

(t) U.S. Environmental Protection Agency, 1991. Sewer System Infrastructure Analysis and Rehabilitation – Handbook. EPA/625/6-91/030. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov.

(u) U.S. Environmental Protection Agency, 2003. Exfiltration in Sewer Systems – Project Summary. EPA/600/SR-01/034. EPA National Risk Management Research Laboratory, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov.

(v) Water Environment Association, 1994. Manual of Practice No. FD-6, Existing Sewer Evaluation and Rehabilitation. Water Environment Federation, 601 Wythe Street, Alexandria, VA 22314, www.wef.org.

(w) Water Environment Research Foundation, 2004. Emergency Response Plan Guidance for Wastewater Systems, Water Environment Research Foundation, 635 Slaters Lane, Suite 300, Alexandria, VA 22314-1177, www.werf.org.

(x) American Water Works Association, 2018. Emergency Planning for Water and Wastewater Utilities. American Water Works Association, 6666 West Quincy Avenue, Denver, CO 80235-3098, www.awwa.org.

(y) Rural Community Assistance Partnership, 2013. Emergency Response Planning Template for Public Wastewater Systems. Rural Community Assistance Partnership, Inc., 1522 K Street, N.W., Suite 400, Washington, D.C. 20005. www.rcap.org.

(3) Copies of the publications listed in subsection 62-600.300(2), F.A.C., are available at the Department of Environmental Protection, Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

PART II TREATMENT FACILITIES

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088, 403.913 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.913, 403.918 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.300, Amended 12-24-96, 2-8-16, 1-16-22.

Fla. Admin. Code R. 62-600.400 Design Requirements

(1) Facilities.

(a) New wastewater facilities and modifications of existing facilities shall be designed in accordance with sound engineering practice. General technical documents are provided by references listed under Rule 62-600.300, F.A.C.

(b) For new facilities and modifications of existing facilities, it shall be the design objective to select treatment processes and equipment that will efficiently and reliably meet required reclaimed water or effluent limitations. Unless otherwise stated, new or modified wastewater treatment and biosolids treatment, handling, and dewatering facilities shall provide Class III reliability as described in the EPA publication “Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability – MCD-05, EPA-430/99-74-001,” adopted and incorporated in paragraph 62-600.300(2)(l), F.A.C., effective January 16, 2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-13946. The minimum Class III reliability requirement shall only apply to the new or modified portions of the facilities. Facility reliability shall be addressed in the preliminary design or engineering report as required by subsection 62-620.410(3), F.A.C. The Department shall approve other methods of providing Class I, II, or III reliability if the permittee provides reasonable assurances in the preliminary design report that the level of reliability provided is equivalent to the class of reliability required (i.e., Class I, II, or III, whichever applies).

(c) Innovative or alternative treatment processes for facilities shall be reviewed on their merit. When sufficient supporting information has been presented to the Department, installation may be allowed on an experimental basis for the period of time necessary to evaluate the new technology. A permit shall not be issued unless the permittee has provided supporting information which demonstrates to the Department that the technology is capable of consistently and reliably producing effluent or reclaimed water meeting the requirements of this chapter.

(2) Plant Sites.

(a) New treatment plants and modifications to existing plants shall be designed and located on the site so as to minimize adverse effects resulting from odors, noise, aerosol drift and lighting. The permittee shall give reasonable assurance that the treatment plant or modifications to an existing plant shall not cause odor, noise, aerosol drift or lighting in such amounts or at such levels that they adversely affect neighboring residents, in commercial or residential areas, so as to be potentially harmful or injurious to human health or welfare or unreasonably interfere with the enjoyment of life or property, including outdoor recreation. Reasonable assurance may be based on such means as aeration, landscaping, treatment of vented gases, buffer zones owned or under the control of the permittee, chemical additions, prechlorination, ozonation, innovative structural design or other similar techniques and methods. All such design measures shall be included in the preliminary design or engineering report.

(b) All treatment plant sites shall be enclosed with a fence or otherwise designed with appropriate features that discourage the entry of animals and unauthorized persons.

(c) The potential for damage or interruption of operation because of flooding shall be considered by the permittee when siting new treatment plants and expansions of existing plants at inland or coastal locations. The treatment plant structures essential for the purpose of treating, stabilizing, conveying, or holding incompletely treated waste and electrical and mechanical equipment shall be protected from physical damage by the 100-year flood. The treatment plant shall be designed to remain fully operational and accessible during the 25-year flood; lesser flood levels may be designed for, if justified in the preliminary design or engineering report based on local conditions, water surface elevations, forces arising from water movement, wave heights, flood protection measures provided, and provisions for wastewater storage such that applicable water quality standards will be met; but in no case shall less than a 10-year flood be used. Design for flood protection shall include considerations for wave action as appropriate. These flood protection considerations shall be addressed in the preliminary design or engineering report and shall be based upon available information; where site-specific information is unavailable, sound engineering practices shall be used in siting and design of treatment plant facilities.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.400, Amended 12-24-96, 2-8-16, 1-16-22.

Fla. Admin. Code R. 62-600.405 Planning for Wastewater Facilities Expansion

(1) The permittee shall provide for the timely planning, design, and construction of wastewater facilities necessary to provide proper collection, treatment and reuse or disposal of domestic wastewater and management of biosolids.

(2) The permittee shall routinely compare flows being treated at the wastewater facilities with the permitted capacities of the treatment, biosolids, reuse, and disposal facilities. Collection system flows shall be routinely reviewed as part of the pipe assessment, repair, and replacement plan required in Rule 62-600.705, F.A.C.

(3) When the three-month average daily flow for the most recent three consecutive months exceeds 50% of the permitted capacity of the treatment plant or reuse and disposal systems, the permittee shall submit to the Department a capacity analysis report.

(4) The initial capacity analysis report shall be submitted within 180 days after the last day of the last month in the three-month period referenced in subsection 62-600.405(3), F.A.C., or with the permittee’s application for permit renewal, whichever occurs first.

(5) The permittee shall submit updated capacity analysis reports to the Department according to the following:

(a) If the initial capacity analysis report or an update of the capacity analysis report documents that the permitted capacity will not be equaled or exceeded for at least 10 years, an updated capacity analysis report shall be submitted to the Department at five-year intervals or with the permittee’s application for permit renewal, whichever occurs first.

(b) If the initial capacity analysis report or an update of the capacity analysis report documents that the permitted capacity will be equaled or exceeded within the next 10 years, an updated capacity analysis shall be submitted to the Department annually.

(6) The initial capacity analysis report or an update of the capacity analysis report shall evaluate the capacity of the treatment plant and reuse or disposal systems and contain data showing the permitted and design capacities; monthly average daily flows, three-month average daily flows, and annual average daily flows for the past 10 years or for the length of time the facility has been in operation, whichever is less; seasonal variations in flow; flow projections based on local population growth rates and water usage rates for at least the next 10 years; an estimate of the time required for the three-month average daily flow to reach the permitted capacity; recommendations for expansions; and a detailed schedule showing dates for planning, design, permit application submittal, start of construction, and placing new or expanded facilities into operation. The report shall update the flow-related and loading information contained in the preliminary design report submitted as part of the most recent permit application.

(7) The capacity analysis report shall be signed by the permittee and shall be signed and sealed by a professional engineer registered in Florida.

(8) Documentation of timely planning, design, and construction of needed expansions shall be submitted according to the following schedule:

(a) If the initial capacity analysis report or an update of the capacity analysis report documents that the permitted capacity will be equaled or exceeded within the next five years, the report shall include a statement, signed and sealed by a professional engineer registered in Florida, that planning and preliminary design of the necessary expansion have been initiated.

(b) If the initial capacity analysis report or an update of the capacity analysis report documents that the permitted capacity will be equaled or exceeded within the next four years, the report shall include a statement, signed and sealed by an engineer registered in Florida, that plans and specifications for the necessary expansion are being prepared.

(c) If the initial capacity analysis report or an update of the capacity analysis report documents that the permitted capacity will be equaled or exceeded within the next three years, the permittee shall submit a complete permit application for the necessary expansion to the Department within 30 days of submittal of the capacity analysis report.

(9) The Secretary or Secretary’s designee shall adjust the schedule specified in subsection 62-600.405(8), F.A.C., if the permittee requests and documents in the initial or updated capacity analysis report that adequate capacity will be available at the wastewater facility. Documentation shall include design and construction schedules, population growth rates, flow projections, and the timing of new connections to the collection/transmission system.

Editorial Note: Ratified by Ch. 2023-308, LOF.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.086, 403.087, 403.088, 403.0881 FS. History–New 1-30-91, Formerly 17-600.405, Amended 2-8-16, 6-28-23.

Fla. Admin. Code R. 62-600.410 Operation and Maintenance Requirements

(1) All domestic wastewater facilities shall be operated and maintained in accordance with the applicable provisions of this chapter and related regulations so as to attain, at a minimum, the reclaimed water or effluent quality required by the wastewater facility permit.

(2) The operation of all treatment plants shall be under the supervision of an operator licensed in accordance with Chapter 62-602, F.A.C. All facility operations shall provide for the minimum care and maintenance of the facility in accordance with Chapters 62-602 and 62-699, F.A.C.

(3) All facilities and equipment necessary for the collection, treatment, reuse, and disposal of domestic wastewater and biosolids shall be maintained, at a minimum, so as to function as intended.

(4) All permittees shall be responsible for making all facilities safe in terms of public health and safety at all times, including periods of inactivation or abandonment. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a treatment plant and shall specify what steps will be taken to safeguard public health and safety.

(5) In the event that the wastewater facilities or equipment no longer function as intended, are no longer safe in terms of public health and safety, or odor, noise, aerosol drift, or lighting adversely affect neighboring developed areas at the levels prohibited by paragraph 62-600.400(2)(a), F.A.C., corrective action (which may include additional maintenance or modifications of the treatment plant) shall be taken by the permittee. Other corrective action may be required to ensure compliance with rules of the Department.

(6) All collection/transmission systems owned or operated by a facility or utility shall be maintained to function as intended and operated to provide uninterrupted service. All facilities shall also maintain collection/transmission systems under control of the facility permittee to minimize, to the extent technically and economically feasible, infiltration and inflow into the collection/transmission systems, as well as leakage from the collection/transmission systems, in accordance with Rule 62-604.500, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.410, Amended 12-24-96, 2-8-16, 12-6-21.

Fla. Admin. Code R. 62-600.420 Minimum Treatment Standards ‒ Technology Based Effluent Limitations (TBELs)

Except as specifically required by other Department rules or Florida Statutes, all domestic wastewater facilities shall provide, at a minimum, secondary treatment of wastewater prior to reuse or disposal. Secondary treatment requirements are specified below:

(1) Surface water disposal (excluding discharges to open ocean outfalls, but including discharges to Class III coastal waters)

(a) CBOD5

1. The annual average shall not exceed 20.0 mg/L,

2. The monthly average shall not exceed 25.0 mg/L,

3. The weekly average shall not exceed 40.0 mg/L,

4. The maximum-permissible concentration in any single sample shall not exceed 60.0 mg/L; and,

5. The monthly average percent removal shall not be less than 85%.

(b) Total Suspended Solids

1. The annual average shall not exceed 20.0 mg/L,

2. The monthly average shall not exceed 30.0 mg/L,

3. The weekly average shall not exceed 45.0 mg/L,

4. The maximum-permissible concentration in any single sample shall not exceed 60.0 mg/L; and,

5. The monthly average percent removal shall not be less than 85%.

(2) Surface water disposal via open ocean outfalls

(a) CBOD5

1. The annual average shall not exceed 25.0 mg/L,

2. The monthly average shall not exceed 25.0 mg/L,

3. The weekly average shall not exceed 40.0 mg/L,

4. The maximum-permissible concentration in any single sample shall not exceed 60.0 mg/L; and,

5. The monthly average percent removal shall not be less than 85%.

(b) Total Suspended Solids

1. The annual average shall not exceed 30.0 mg/L,

2. The monthly average shall not exceed 30.0 mg/L,

3. The weekly average shall not exceed 45.0 mg/L,

4. The maximum-permissible concentration in any single sample shall not exceed 60.0 mg/L; and,

5. The monthly average percent removal shall not be less than 85%.

(3) Reuse, land application, or groundwater discharge (including underground injection, but excluding potable reuse projects).

(a) CBOD5

1. The annual average shall not exceed 20.0 mg/L,

2. The monthly average shall not exceed 30.0 mg/L,

3. The weekly average shall not exceed 45.0 mg/L; and,

4. The maximum-permissible concentration in any single sample shall not exceed 60.0 mg/L.

(b) Total Suspended Solids

1. The annual average shall not exceed 20.0 mg/L,

2. The monthly average shall not exceed 30.0 mg/L,

3. The weekly average shall not exceed 45.0 mg/L; and,

4. The maximum-permissible concentration in any single sample shall not exceed 60.0 mg/L.

(4) Disinfection and pH control shall be provided in accordance with rules 62-600.440 and 62-600.445, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.420, Amended 2-8-16, 9-27-21.

Fla. Admin. Code R. 62-600.430 Additional Treatment ‒ Water Quality-Based Effluent Limitations (WQBELs)

(1) Surface water discharge.

(a) In addition to the minimum treatment standards (TBELs) specified in Rule 62-600.420, F.A.C., facilities shall provide additional treatment when necessary to meet water quality standards for receiving surface waters pursuant to Chapter 62-302, F.A.C.

(b) The WQBELs shall be determined by the Department in accordance with Chapters 62-304 and 62-650, F.A.C., and shall be based upon the characteristics of the discharge, the receiving water characteristics, and the criteria and standards of Chapters 62-4 and 62-302, F.A.C., and this chapter. Requests for zones of mixing and any previous approved zones of mixing will be taken into consideration when determining WQBELs. No zone of mixing, as contained in Rule 62-4.244, F.A.C., shall be provided for any parameters for which the permittee fails or declines to provide the necessary characteristics of the discharge. WQBELs shall be met after disinfection.

(2) Ground water discharge.

(a) In addition to the TBELs specified in Rule 62-600.420, F.A.C., facilities shall provide additional treatment when needed to satisfy water quality standards for receiving ground waters.

(b) Such limitations shall be established based on the provisions of Chapters 62-304, 62-528, and 62-650, and subsection 62-610.850(2), F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.430, Amended 2-8-16.

Fla. Admin. Code R. 62-600.440 Disinfection Requirements

(1) All wastewater treatment facilities shall be designed and operated to meet the disinfection requirements in this section and the microbiological pollutants criteria contained in Chapter 62-302, F.A.C.

(2) The Department is aware of the possible harmful effects of chlorine used in conjunction with wastewater treatment and encourages the use of alternative disinfection methods.

(a) Criteria for establishing disinfection requirements for alternative disinfectants shall be accepted by the Department if the information provided by the permittee in the preliminary design or engineering report demonstrates that appropriate microbiological criteria will be met and provides reasonable assurance that public health is protected.

(b) Dechlorination shall be required by the Department to ensure that applicable water quality standards will be met and other appropriate reclaimed water or effluent limitations imposed pursuant to this chapter will be achieved.

(c) Maximum permissible residual levels in the reclaimed water or effluent immediately following chlorination and the need for dechlorination shall be established by the permittee and are subject to Department approval. Residual levels shall be established in the preliminary design or engineering report based on effects on the receiving surface or ground water and effects on reuse and land application systems.

(3) For ultraviolet disinfection, the impact of short-term interruptions in electrical service shall be evaluated in the preliminary design or engineering report along with the possible need for an uninterrupted power supply to ensure reliable and effective disinfection.

(4) Treatment performance requirements for disinfection are specified below for discharges from all facilities. Applicability of the requirements shall be as contained in Chapter 62-610, F.A.C., for reuse and land application systems; Rule 62-600.540, F.A.C., for ground water disposal by underground injection; Chapter 62-610, F.A.C., for ground water recharge and aquifer storage and recovery projects using injection wells; Rule 62-600.510, F.A.C., for surface water discharges (excluding coastal and open ocean waters); Rule 62-600.520, F.A.C., for coastal and open ocean waters; Rule 62-611.600, F.A.C., for wetland discharges; and subsection 62-600.100(2), F.A.C., for septic systems and other closed-tank wastewater treatment systems permitted by the Department.

(5) Basic disinfection.

(a) Facilities required to provide basic disinfection shall meet the following criteria (using either MF or equivalent MPN methods):

1. The arithmetic mean of the monthly geometric means of the fecal coliform values collected during an annual period shall not exceed 200 per 100 mL of reclaimed water or effluent sample,

2. The geometric mean of the fecal coliform values for a minimum of 10 samples of reclaimed water or effluent, each collected on a separate day during a period of 30 consecutive days (monthly), shall not exceed 200 per 100 mL of sample,

3. No more than 10% of the samples collected during a period of 30 consecutive days shall exceed 400 fecal coliform values per 100 mL of sample; and,

4. Any one sample shall not exceed 800 fecal coliform values per 100 mL of sample.

(b) Regardless of the number of samples collected, the monthly geometric means of the fecal coliform values shall be calculated and reported on the Discharge Monitoring Report, and the arithmetic mean shall be calculated using the monthly geometric mean.

(c) Where chlorine is used for disinfection, a total chlorine residual of at least 0.5 mg/L shall be maintained after at least 15 minutes contact time at the peak hourly flow. Higher residuals or longer contact times shall be provided to meet the criteria for basic disinfection as described in paragraph 62-600.440(5)(a), F.A.C. The chlorine residual and contact time selected shall be justified in the preliminary design or engineering report. Rapid and uniform mixing shall be provided.

(6) High-level disinfection.

(a) Except as provided in paragraphs 62-600.440(6)(e) and (f), F.A.C., facilities required to provide high-level disinfection shall meet the following criteria (using MF or equivalent MPN methods):

1. Over a 30 day period (monthly), 75% of the fecal coliform values shall be below the detection limits,

2. Any one sample shall not exceed 25 fecal coliform values per 100 mL of sample; and,

3. Any one sample shall not exceed 5.0 mg/L of TSS at a point before application of the disinfectant.

(b) Where chlorine is used for disinfection, a total chlorine residual of at least 1.0 mg/L shall be maintained at all times. The minimum acceptable contact time shall be 15 minutes at the peak hourly flow. Higher residuals or longer contact times shall be provided to meet the criteria for high-level disinfection as described in paragraphs 62-600.440(6)(a) and (c), F.A.C. The chlorine residual and contact time selected shall be justified in the preliminary design or engineering report. Rapid and uniform mixing shall be provided.

(c) Where chlorine is used for disinfection, new or expanded treatment facilities shall use the following design criteria for total chlorine residual and contact time:

1. For a reclaimed water or effluent containing 1,000 fecal coliforms, or less, per 100 mL, before disinfection, the product of the total chlorine residual used for design (expressed in mg/L) and the contact time at peak hourly flow (expressed in minutes) shall be at least 25.

2. For a reclaimed water or effluent containing greater than 1,000 and up to and including 10,000 fecal coliforms per 100 mL, before disinfection, the product of the total chlorine residual used for design (expressed in mg/L) and the contact time at peak hourly flow (expressed in minutes) shall be at least 40.

3. For a reclaimed water or effluent containing greater than 10,000 fecal coliforms per 100 mL, before disinfection, the product of the total chlorine residual used for design (expressed in mg/L) and the contact time at peak hourly flow (expressed in minutes) shall be at least 120.

(d) Alternate combinations of chlorine residuals and contact times used to meet the criteria in paragraph 62-600.440(6)(c), F.A.C., shall be accepted by the Department if justified in the preliminary design or engineering report.

(e) The requirements in subsection 62-600.440(7), F.A.C., shall serve as the high-level disinfection criteria if all of the following conditions are met:

1. Wetlands are used for the discharge or treatment of reclaimed water or effluent,

2. Public access to the wetlands is restricted; and,

3. The reclaimed water produced is not used in a reuse system permitted under Part III or V of Chapter 62-610, F.A.C.

(f) The requirements in subsection 62-600.440(7), F.A.C., shall serve as the high-level disinfection criteria if all the following conditions are met:

1. The discharge is to surface waters,

2. The discharge is serving as a back-up disposal system associated with a reuse system permitted under Part III or V of Chapter 62-610, F.A.C.,

3. The discharge is not subject to regulation by subsection 62-600.510(2) or (3), F.A.C., as a discharge to Class I waters or waters contiguous to or tributary to Class I waters; and,

4. The discharge is not subject to regulation by subsection 62-600.510(7), F.A.C., as a discharge to surface waters which are directly connected to Class F-I, G-I, or G-II ground water.

(7) Intermediate disinfection.

(a) Facilities required to provide intermediate disinfection shall meet the following criteria (using either MF or equivalent MPN methods):

1. The arithmetic mean of the monthly medians of the fecal coliform values collected during an annual period shall not exceed 14 per 100 mL of reclaimed water or effluent sample,

2. The median value of the fecal coliform values for a minimum number of 10 samples of reclaimed water or effluent, each collected on a separate day during a period of 30 consecutive days (monthly), shall not exceed 14 per 100 mL of sample,

3. No more than 10% of the samples collected during a period of 30 consecutive days shall exceed 43 fecal coliform values per 100 mL of sample; and,

4. Any one sample shall not exceed 86 fecal coliform values per 100 mL of sample.

(b) Regardless of the number of samples collected, the monthly medians of the fecal coliform values shall be calculated and reported on the Discharge Monitoring Report, and the arithmetic mean shall be calculated using the monthly medians.

(c) Where chlorine is used for disinfection, a total chlorine residual of at least 1.0 mg/L shall be maintained after at least 15 minutes contact time at the peak hourly flow. Higher residuals or longer contact times shall be provided to meet the criteria for intermediate disinfection as described in paragraph 62-600.440(7)(a), F.A.C. The chlorine residual and contact time selected shall be justified in the preliminary design or engineering report. Rapid and uniform mixing shall be provided.

(8) Low-level disinfection.

(a) Facilities required to provide low-level disinfection, allowable under highly controlled conditions for overland flow systems as specified in part VI of chapter 62-610, F.A.C., shall meet an effluent criteria of not more than 2,400 fecal coliform values per 100 mL of sample.

(b) The effluent or reclaimed water discharged from an overland flow system shall meet the applicable microbiological standards for surface water and groundwater specified in Chapters 62-302 and 62-520, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.440, Amended 12-24-96, 2-8-16, 9-27-21.

Fla. Admin. Code R. 62-600.445 pH Requirements

All facilities shall be designed and operated to maintain the pH in the reclaimed water or effluent, after disinfection, within the range of 6.0 to 8.5, except as provided in Chapters 62-610 and 62-611, and Rule 62-600.430, F.A.C.

PART III TREATMENT REQUIREMENTS

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-30-91, Formerly 17-600.445, Amended 2-8-16.

Fla. Admin. Code R. 62-600.500 General

Generally, the treatment standards contained in this chapter shall be met before discharge into holding ponds (if applicable), reuse systems, disposal systems, or surface waters classified pursuant to Chapter 62-302, F.A.C. Treatment, at a minimum, shall consist of secondary treatment and, to the extent necessary, disinfection and pH control. Additional levels of treatment (beyond secondary) may be required pursuant to provisions contained in this chapter or in other Department rules. These treatment requirements shall be enforceable pursuant to the criteria in this part, and in Rules 62-600.400, 62-600.430, 62-600.440, 62-600.445, and 62-600.740, F.A.C. General technical guidance is provided by references listed in Rule 62-600.300, F.A.C. Discharges which would not result in the protection of surface and ground water quality standards shall not be allowed. Effluent or reclaimed water limitations shall be achieved at the appropriate locations specified pursuant to both this part and Part II of Chapter 62-600, F.A.C.

History

• Rulemaking Authority 403.051,403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.500, Amended 2-8-16, 9-27-21.

Fla. Admin. Code R. 62-600.510 Discharge to Surface Waters (Excluding Coastal and Open Ocean)

(1) Outfalls for all facilities shall not discharge reclaimed waters or effluents which do not meet, at a minimum, applicable secondary treatment, basic disinfection and pH levels contained in Part II of Chapter 62-600, F.A.C., prior to discharge to the receiving surface waters or (as appropriate) additional WQBELs.

(2) Outfalls for facilities permitted to discharge to, tributary or contiguous to, or upstream of Class I waters on or before August 8, 1999, shall meet the discharge requirements of subsection 62-600.510(3) or (4), F.A.C., as applicable, or shall meet at a minimum the discharge requirements of the rules that were in effect at the time of permit issuance. Effluent limitations shall be no less stringent than contained in the previous permit unless allowed by subsection 62-620.620(4), F.A.C.

(3) Discharge of reclaimed water to Class I surface waters, or to waters contiguous to or tributary to Class I waters, shall meet the requirements of Rules 62-610.550 through 62-610.575, F.A.C., unless otherwise established in subsection 62-600.510(2), F.A.C.

(4) Discharge of reclaimed water upstream of Class I surface water (between 4 and 24 hours travel time) that is considered indirect potable reuse in accordance with paragraph 62-610.550(2)(b), F.A.C., shall meet the requirements of Rules 62-610.550 through 62-610.575, F.A.C., unless otherwise established in subsection 62-600.510(2), F.A.C.

(5) Outfalls shall not discharge reclaimed water or effluents into Class II waters.

(6) Discharge of reclaimed water or effluent to waters tributary to or contiguous to Class II waters shall meet the following requirements when the travel time of effluent or reclaimed water (the elapsed time from the point of final disinfection monitoring to arrival at Class II waters during maximum expected surface water velocities) is less than or equal to 72 hours:

(a) At a minimum, secondary treatment, intermediate disinfection, and required pH control, or (as appropriate) additional WQBELs;

(b) At a minimum, Class I reliability, as described in paragraph 62-600.300(4)(l), F.A.C. The Department shall approve other methods of providing facility reliability (as provided by paragraph 62-600.400(1)(b), F.A.C.) if the permittee provides reasonable assurances in the preliminary design or engineering report that the level of reliability provided is equivalent to Class I reliability; and,

(c) Storage of reclaimed water or effluent in a holding pond or storage tank with recirculating capability (for additional treatment) as follows:

1. Where the travel time is less than or equal to 24 hours, storage volume requirements shall be equal to the average daily flow (at which adequate treatment can be provided or for which reuse/disposal is permitted, whichever is less) of the facility multiplied by the sum of the number of full days per week when the operator is not on-site plus an additional 24-hour period;

2. Where the travel time is greater than 24 hours, but less than or equal to 72 hours, storage volume requirements shall be equal to the average daily flow (at which adequate treatment can be provided or for which reuse/disposal is permitted, whichever is less) of the facility multiplied by the number of full days per week when the operator is not onsite; and,

3. The operator may be on-site more often than required pursuant to Chapter 62-699, F.A.C.; where on-site attendance is provided in lieu of storage capacity, such attendance schedules shall be stipulated by permit.

(7) Discharge of reclaimed water to surface waters that are directly connected to Class F-I, G-I, or G-II ground waters shall meet the requirements of Rules 62-610.550 through 62-610.575, F.A.C.

(8) Discharge of reclaimed water or effluent to wetlands shall meet the requirements of Chapter 62-611, F.A.C.

(9) Discharge of reclaimed water or effluent shall meet, if applicable, WQBELs established under Chapter 62-650, F.A.C., Total Maximum Daily Loads (TMDLs) established under Chapter 62-304, F.A.C., and springs criteria established under Sections 373.801-373.811, F.S.

(10) Outfalls shall be designed with respect to depth and location so as to minimize oxygen demand and adverse effects on the receiving water.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.859 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.510, Amended 2-8-16, 9-27-21.

Fla. Admin. Code R. 62-600.520 Discharge to Surface Waters ‒ (Coastal and Open Ocean)

(1) Outfalls for all facilities shall not discharge reclaimed water or effluent to coastal or open ocean waters which does not meet, at a minimum, applicable secondary treatment and pH criteria contained in Rules 62-600.420 and 62-600.445, F.A.C. Where applicable, discharges to coastal waters shall be subject to the limitations of Rule 62-4.242, F.A.C., regarding Outstanding Florida Waters, subsection 62-600.510(5), Rule 62-302.530, F.A.C., regarding discharge to Class II waters, and subsection 62-600.510(6), F.A.C., regarding waters contiguous to or tributary to Class II waters, and Section 403.086, F.S., regarding the discharge of domestic wastewater through ocean outfalls.

(2) Outfalls for all facilities shall not discharge effluent or reclaimed water to Class III coastal waters which has not also received basic disinfection prior to the discharge. Outfalls for all facilities shall not discharge effluent to open ocean waters without also being disinfected to the extent necessary to achieve Class III microbiological standards contained in Rule 62-302.530, F.A.C., at the edge of the mixing zone established pursuant to subsection 62-600.520(3), F.A.C. If basic disinfection is not provided, the preliminary design report shall affirmatively demonstrate the level of disinfection that is more appropriate.

(3) Mixing zones for effluent discharges via ocean outfalls may be established as follows:

(a) All coastal water discharge facilities shall be subject to the applicable provisions of Rule 62-4.244, F.A.C.

(b) All open ocean water discharge facilities shall be subject to the applicable provisions of Rule 62-4.244, F.A.C., except that:

1. Appropriate dimensions of the mixing zone, for effluents having received treatment in accordance with subsections 62-600.520(1) and 62-600.520(2), F.A.C., and discharged from new facilities or modifications of existing facilities, shall be established by the permittee pursuant to the provisions of subsection 62-600.520(5), F.A.C.

2. Mixing zone criteria currently applicable to existing facilities shall be modified if necessary to meet Department rules by order of the Secretary, pursuant to subsection 62-600.520(5), F.A.C.

(4) Alternative levels of treatment shall be allowed for ocean outfall discharges to open ocean waters provided the following are met:

(a) The Secretary issues an order, upon petition of an affected permittee and after public hearing, that specifies alternatives to treatment requirements of subsection 62-600.420(2), and Rule 62-600.520, F.A.C.; and mixing zone requirements of Rule 62-4.244, F.A.C.; and,

(b) Such order shall remain in effect as long as applicable water quality criteria specified in Chapter 62-302, F.A.C., are met and the effluent meets statutory treatment requirements; however:

(c) Such order shall be issued only after affirmative demonstration by the Petitioner of the following:

1. Granting the order is in the public interest; and,

2. Compliance with minimum treatment standards and requirements in subsection 62-600.420(2), and Rule 62-600.520, F.A.C., for these discharges is not required to assure adequate protection of public health and the marine environment; and,

3. Granting the order will not interfere with existing uses or the designated uses of the receiving waters or contiguous waters, or otherwise impair the recreational use, bathing waters, or economic values associated with the area potentially affected by the discharge; and,

4. There is no reasonable relationship between the economic, social, and environmental costs of compliance with the treatment requirements and the benefits associated therewith; and,

5. Oceanographic features influencing the effects of the proposed discharge support the proposed level of treatment and any proposed extent of the mixing zone; and,

6. The facility will be constructed (where applicable) and operated so that there is no occurrence of inadequately treated wastewater reaching contiguous coastal waters; and,

7. An acceptable monitoring program for the discharge has been proposed and would be implemented by the permittee.

(5) Discharges from outfalls to coastal recreation waters shall meet the criteria for enterococci established in 40 C.F.R. Part 131.41, as codified on July 1, 2020, which is hereby adopted and incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13448.

(6) The discharge of domestic wastewater through ocean outfalls is prohibited after December 31, 2025, except as a backup discharge that is part of a functioning reuse system or other wastewater management system authorized by the department. A backup discharge may occur only during periods of reduced demand for reclaimed water in the reuse system, such as periods of wet weather, or as a result of peak flows from other wastewater management systems, and must comply with the advanced wastewater treatment requirements of Section 403.086(10)(b), F.S. Discharges for maintenance purposes require prior approval by the department.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.859 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.520, Amended 10-11-13, 2-8-16, 9-27-21, 1-16-22.

Fla. Admin. Code R. 62-600.530 Reuse of Reclaimed Water and Land Application

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088, 403.859 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.859 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.530, Repealed 2-8-16.

Fla. Admin. Code R. 62-600.540 Underground Injection

(1) All facilities using Class I wells discharging domestic effluent into Class G-IV waters must meet the secondary treatment and pH limitations specified in subsection 62-600.420(3), and Rule 62-600.445, F.A.C. Disinfection is not required before disposal via any Class I well, whether from any new or existing facility except as provided in subsection 62-600.540(2), F.A.C.; however, all Class I well permittees must maintain capability to disinfect at a level that is consistent with the alternate discharge mechanism pursuant to Rule 62-528.415, F.A.C.

(2) All facilities using Class I municipal injection wells shall meet the requirements of Rules 62-528.440, 62-528.450, and 62-528.455, F.A.C.

(3) All facilities using Class V wells for the injection of reclaimed water to Class F-I, G-I, or G-II ground water for ground water recharge or for salinity barrier control shall meet the requirements of Rules 62-610.550 through 62-610.575, F.A.C.

(4) Reclaimed water aquifer storage and recovery shall meet the requirements of Rule 62-610.466, F.A.C.

(5) Surface equipment for all injection well facilities shall be such that manual backup capability to monitor wellhead pressure and flow is provided for systems utilizing automatic and continuous recording equipment. The design of new facilities and modifications of existing facilities shall incorporate additional surface equipment considerations such that:

(a) Effluent or reclaimed water pumping stations shall be protected from lightning and transient voltage surges. As a minimum, stations shall be equipped with lightning arrestors, surge capacitors or other similar protection devices, and phase protection; and,

(b) Effluent or reclaimed water pumping stations shall be provided with divided compartments to allow access for repair and maintenance purposes without interrupting operation; and,

(c) Potential surge and water hammer will not jeopardize the safety and integrity of the injection well system; and,

(d) Surface equipment for multi-well systems provides operational reliability and flexibility in the event of damage to or failure of the pipeline or a well; and,

(e) Access to the well for geophysical logging without major modifications is enabled; and,

(f) The wellhead shall be protected in a manner to minimize accidents or vandalism; and,

(g) Necessary screening for floatable solids prior to injection to avoid plugging of the formation is provided; and,

(h) Equipment with sufficient reliability and redundancy is provided in accordance with appropriate references contained in subsection 62-600.300(4), F.A.C.

(6) All facilities injecting reclaimed water or effluent to underground injection wells shall comply with the permitting requirements of Chapter 62-528, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.859 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.540, Amended 2-8-16.

Fla. Admin. Code R. 62-600.550 Wastewater Management Requirements for the Wekiva Study Area

(1) Existing domestic wastewater facilities (facilities for which complete permit applications that included requests for construction of new or expanded facilities were received by the Department before the effective date of this rule) discharging within the Wekiva Study Area shall comply with the wastewater management requirements set forth in this rule within five years of the effective date unless otherwise established herein. New and expanded facilities shall comply with the requirements immediately.

(2) For the purpose of determining the applicability of wastewater management requirements for the Wekiva Study Area, Protection Zones shall be as delineated in Figure 15 of the Report of Investigations No. 104, “Wekiva Aquifer Vulnerability Assessment,” Florida Geological Survey, June 2005, adopted and incorporated herein. Copies may be obtained from The Florida Geological Survey, Publications Office, 3000 Commonwealth Boulevard, Suite 1, Tallahassee, Florida 32303. For reuse and land application systems, determinations of which protection zone applies shall be based upon the wetted area. For reuse and land application systems located in two or more protection zones, the protection zone featuring the most stringent control measures shall apply to the entire reuse or land application system.

(a) The Primary Protection Zone corresponds to the area delineated as “Most Vulnerable;”

(b) The Secondary Protection Zone corresponds to the area delineated as “Vulnerable;” and,

(c) The Tertiary Protection Zone corresponds to the area delineated as “Less Vulnerable.”

(3) The following wastewater management requirements apply to land application and reuse systems located within the Primary Protection Zone:

(a) New or expanded rapid-rate or restricted access slow-rate land application systems, as defined in Chapter 62-610, F.A.C., shall not be located within the Primary Protection Zone, as defined in subsection (2) above.

(b) When applicable, new or expanded rapid-rate or restricted access slow-rate land application systems, as defined in Chapter 62-610, F.A.C., shall meet springs criteria established under Sections 373.801-373.811 F.S.

(c) Type I and II wastewater treatment facilities that use rapid-rate land application systems shall meet an annual average reclaimed water limitation of 3.0 mg/L Total Nitrogen, as N, unless used as a back-up to a public access reuse system.

(d) A rapid-rate land application system used as back-up to a public access reuse system shall meet the Total Nitrogen reclaimed water limitation contained in paragraph (e), below. In order to qualify as a back-up system, no more than 30% of the total annual wastewater treatment plant flow shall be directed to the back-up rapid-rate system.

(e) Type I and II wastewater treatment facilities that use public access reuse systems or restricted access irrigation systems shall meet an annual average reclaimed water limitation of 10.0 mg/L Total Nitrogen, as N.

(f) Type III wastewater treatment facilities that use land application or reuse systems shall meet an annual average reclaimed water limitation of 10.0 mg/L Total Nitrogen, as N.

(g) Land application of Class A or B biosolids is prohibited. Application of Class AA biosolids that are distributed and marketed in accordance with Chapter 62-640, F.A.C., is permissible.

(4) The following wastewater management requirements apply to land application and reuse systems located within the Secondary Protection Zone:

(a) Type I and II wastewater treatment facilities that use rapid-rate land application systems shall meet an annual average reclaimed water limitation of 6.0 mg/L Total Nitrogen, as N, unless used as back-up to a public access reuse system.

(b) A rapid-rate land application system used as back-up to a public access reuse system shall meet the Total Nitrogen reclaimed water limitation contained in paragraph (c), below. In order to qualify as a back-up system, no more than 30% of the total annual wastewater treatment plant flow shall be directed to the back-up rapid-rate system.

(c) Type I and II wastewater treatment facilities that use public access reuse systems or restricted access irrigation systems shall meet an annual average reclaimed water limitation of 10.0 mg/L Total Nitrogen, as N.

(d) Type III wastewater treatment facilities that use land application or reuse systems shall meet an annual average reclaimed water limitation of 10.0 mg/L, Total Nitrogen, as N. Existing facilities shall comply with this limitation within 10 years of the effective date.

(e) Land application of Class A or B biosolids is prohibited. Application of Class AA biosolids that are distributed and marketed in accordance with Chapter 62-640, F.A.C., is permissible.

(5) Wastewater treatment facilities that use land application or reuse systems located within the Tertiary Protection Zone shall meet the wastewater treatment requirements contained in Chapters 62-600, 62-610, F.A.C., springs criteria established under Sections 373.801-373.811, F.S., and other Department rules.

(6) Relief from the requirements of subsection (4) or (5), above, can be obtained from the Department if the permittee or permit applicant makes an affirmative demonstration, based on relevant water quality data, physical circumstances, or other credible information, that the discharge of reclaimed water is protective of surface and ground water quality with respect to the target nitrate-nitrogen level of 0.2 mg/L, as N, for the spring vent as established in section c.1. of the Report. Such an affirmative demonstration shall include either paragraph (a) or (b), below:

(a) For existing facilities, monitoring data from wells included in an approved ground water monitoring plan showing the annual median value (a minimum of four samples) for nitrate nitrogen to be less than or equal to 0.2 mg/L, as N, at each compliance well, or

(b) For existing or new facilities, site specific information based upon one or more of the following factors, as necessary to make an affirmative demonstration:

1. The proximity to a spring, and natural and manmade interconnected surface and subsurface features,

2. Ground water flow gradient,

3. Permitted discharge volume,

4. Dilution,

5. Ground water quality data including the influence of background concentrations where applicable,

6. Site-specific geological conditions,

7. Research/studies including dye tracer tests,

8. Ground water transport modeling,

9. Ground water flow velocity,

10. Other relevant information.

(c) If relief is obtained under paragraph (7)(a) or (b), above, the permit shall include reclaimed water and ground water monitoring requirements and limits for nitrogen. At each permit renewal, the permittee shall provide an affirmative demonstration that the relief previously granted remains protective of surface and ground water quality and may use information already provided to the Department for the initial affirmative demonstration and subsequent ground water quality monitoring.

(7) Discharge of domestic wastewater effluent to surface waters within the Wekiva River Basin is restricted as follows:

(a) A new surface water discharge shall be permitted only as back-up to a public access reuse system and only if it complies with the provisions of Sections 403.086(4) and (5), F.S. In addition, the discharge shall constitute no more than 30% of the total annual wastewater treatment plant flow.

(b) Existing surface water discharges shall be restricted to serving as a back-up to a public access reuse system. In order to qualify as a back-up system, the discharge shall constitute no more than 30% of the total annual wastewater treatment plant flow.

(c) Surface water discharges also shall comply with any applicable Total Maximum Daily Loads adopted by the Department pursuant to Section 403.067, F.S., and shall meet reclaimed water or effluent limits established by procedures contained in Chapter 62-650, F.A.C.

(d) Subsection (7) shall apply only to discharges to surface waters subject to NPDES permitting requirements in Section 403.0885, F.S., and Chapter 62-620, F.A.C.

PART IV MONITORING AND REPORTING REQUIREMENTS

History

• Rulemaking Authority 369.318(1), 403.051(2)(a), 403.061(7), 403.087(2) FS. Law Implemented 369.318(1), 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-13-06, Amended 2-8-16, 9-27-21.

Fla. Admin. Code R. 62-600.600 Collection Systems, Transmission Facilities, Low Pressure Sewer Systems

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.600, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.610 Reuse of Reclaimed Water and Land Application

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.610, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.620 Wetlands

History

• Rulemaking Authority 403.061, 403.087, 403.913 FS. Law Implemented 403.061, 403.087, 403.913, 403.918 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.620, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.630 Septic Tank Systems

History

• Rulemaking Authority 403.061, 403.062 FS. Law Implemented 403.021, 403.061, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.630, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.640 Domestic Wastewater Residuals – Treatment, Management, and Disposal

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.086, 403.087, 403.088 FS. History–New 1-30-91, Amended 6-8-93, Formerly 17-600.640, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.650 General

(1) The frequencies of analysis, sample types, and monitoring locations for parameters to be monitored by a wastewater facility shall be specified in the wastewater facility permit.

(2) Wastewater treatment facilities shall provide safe access points for obtaining representative samples which are required by this chapter.

(3) The minimum requirements for parameters, frequencies of analysis, sample types, and monitoring locations required by this chapter may be increased or reduced by the Secretary or the Secretary’s designee depending upon site-specific requirements, the water quality of surface and ground water, the hydrogeology of the area, the levels of treatment, the reliability of the facility, and the levels of disinfection provided. Where a reduction has been made, written justification shall be provided describing the reduction and its technical justification shall be available for public inspection at the Department’s applicable district office.

(4) Monitoring requirements included in the wastewater permit are effective on the first day of the second month following the effective date of the permit. Until such time, the permittee shall continue to monitor and report in accordance with previously effective permit requirements, if any.

(5) The owner, manager, or operator of a domestic wastewater facility, or agent or employee thereof, shall not submit misleading, false, or inaccurate information or operational reports to the Department, either knowingly or through neglect.

(6) No owner or permittee of a wastewater treatment plant shall knowingly allow or encourage any operator in his employ to violate any rule, regulation, or law related to treatment plant operation.

History

• Rulemaking Authority 403.061(7) FS. Law Implemented 403.061(13) FS. History‒New 2-8-16, Amended 9-27-21.

Fla. Admin. Code R. 62-600.660 Treatment Facility Monitoring

(1) Wastewater treatment facilities shall monitor the flow, the influent for CBOD5 and TSS, and the reclaimed water or effluent for all reclaimed water or effluent parameters as required by the permit. The minimum schedule for sampling and testing parameters to be monitored at a wastewater treatment plant is specified in Figure 1 below.

Figure 1. Minimum Schedule for Sampling and Testing of Domestic Wastewater Treatment Plant Monitoring Parameters by Permitted Capacity

Parameters

2,000 gpd up to, but not including, 25,000 gpd

25,000 gpd up to, but not including, 50,000 gpd

50,000 gpd up to, but not including, 500,000 gpd

0.5 mgd up to, but not including,

1 mgd

1 mgd up to, but not including,

5 mgd

5 mgd up to, but not including,

15 mgd

15 mgd

and

above

Flow, pH1

Chlorine Residual2

daily

2, 3, or 5/wk8

daily 5/wk

daily 5/wk

daily 5/wk

continuous

continuous

continuous

Dissolved Oxygen

daily

2, 3, or 5/wk8

daily 5/wk

daily 5/wk

daily 5/wk

daily 7/wk

daily 7/wk

daily 7/wk

Suspended Solids4

CBOD5, Nutrients

monthly

monthly

every two

weeks3

weekly

weekly

daily 7/wk

daily 7/wk

Chlorine Residual5

monthly

monthly

every two

weeks3

weekly

daily 7/wk

daily 7/wk

daily 7/wk

Fecal Coliform4,6

monthly

monthly

every two

weeks3

weekly

weekly

daily 5/wk

daily 5/wk

Total Coliform7

daily/7 wk

daily/7 wk

daily/7 wk

daily/7 wk

daily/7 wk

daily/7 wk

daily/7 wk

E. Coli9

weekly

weekly

weekly

weekly

weekly

weekly

weekly

Entercocci10

weekly

weekly

weekly

weekly

weekly

weekly

weekly

1Hourly measurements during the period of required operator attendance may be substituted for continuous measurement.

2Total chlorine residual measured for disinfection effectiveness (after chlorine contact). Hourly measurements during the period for required operator attendance may be substituted for continuous measurement except for systems permitted under Parts III and V of Chapter 62-610, F.A.C. Continuous measurement shall be provided for all systems permitted under Parts III and V of Chapter 62-610, F.A.C., regardless of permitted capacity.

3Reuse and land application facilities (which include rapid-rate, slow-rate, absorption fields and other systems pursuant to Chapter 62-610, F.A.C.) less than 100,000 gpd, may sample monthly. (This reduction does not apply to injection wells pursuant to Chapter 62-528, F.A.C., and reuse systems requiring high-level disinfection.)

4For reuse systems requiring high-level disinfection, samples shall be obtained and reported daily, 7 days per week for systems of 0.5 mgd and greater, 4 days per week for systems of at least 50,000 gpd but less than 0.5 mgd, and 3 days per week for systems less than 50,000 gpd; or daily during the period required for operator attendance, whichever is less. At permit renewal, reduction to 4 days per week for systems of 0.5 mgd and greater or to 3 days per week for systems of at least 50,000 gpd but less than 0.5 mgd may be requested if no violations for these parameters have occurred in the last 12 months. For systems requiring high-level disinfection, the reduction allowed by note 3 does not apply.

5Total chlorine residual measured for dechlorination effectiveness.

6Not applicable to reuse systems discharging to Class I waters or waters contiguous to or tributary to Class I waters or to reuse systems injecting into Class F-I, G-I, or G-II ground waters.

7Applicable to reuse systems discharging to Class I waters or waters contiguous to or tributary to Class I waters or to reuse systems injecting into Class F-I, G-I, or G-II ground waters. These systems shall monitor 7 days per week for total coliform, regardless of permitted capacity, as specified in Parts III and V of Chapter 62-610, F.A.C.

8The daily frequency shall be 2, 3, or 5 days per week consistent with the required operator attendance specified in paragraph 62-699.310(2)(a), F.A.C.

9Applicable to surface water discharges to Class I and Class III freshwater in accordance with Rule 62-302.530, F.A.C.

10Applicable to surface water discharges to predominately marine Class III waters in accordance with Rule 62-302.530, F.A.C.

(2) Wastewater treatment facilities with a permitted capacity of 100,000 gallons per day or greater that discharge to ground water via reuse and land application systems shall monitor the reclaimed water or effluent for the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C., and the Revised Total Coliform Rule contained in Rule 62-550.830, F.A.C., (except for asbestos, color, odor, and residual disinfectants) annually.

(3) Sample types.

(a) Grab samples shall be used to test pH, chlorine residual, dissolved oxygen and other dissolved gases, microbiological parameters, cyanide, oil and grease, dissolved constituents in field-filtered samples (ortho-phosphorus, metals, etc.), specific conductance, un-ionized ammonia, volatile organic compounds, total recoverable petroleum hydrocarbons, and temperature.

(b) Grab samples shall be used to test CBOD5, TSS, and nutrients at facilities with a permitted capacity less than 100,000 gallons per day. Except as provided in paragraphs 62-600.660(3)(c) and (d), F.A.C., all other samples for CBOD5, TSS, and nutrients shall be flow proportioned, composite samples and compositing periods shall be 24, 16, or 8 hours based on the facility’s staffing requirement. In no case shall the compositing period be less than 8 hours.

(c) Grab samples shall be used to test for TSS where a facility is required to meet the 5.0 mg/L TSS limitation associated with high-level disinfection for a reuse system permitted under Chapter 62-610, F.A.C.

(d) Except for the parameters listed in paragraph 62-600.660(3)(a), F.A.C., 24 hour flow proportioned, composite samples shall be used to analyze reclaimed water or effluent for the primary and secondary drinking water standards.

(e) Grab samples shall be collected during periods of minimal treatment plant pollutant removal efficiencies or maximum organic loading in the reclaimed water or effluent. The actual time and flow conditions during which such samples are taken shall be recorded.

(4) Sampling locations.

(a) Influent samples shall be collected so they do not contain digester supernatant or returned activated sludge, or any other plant process recycled waters.

(b) Reclaimed water or effluent analyses shall generally be performed on samples collected after final treatment and:

1. Before discharge to holding ponds for reuse and land application systems pursuant to Chapter 62-610, F.A.C.,

2. After holding ponds, if applicable, and immediately before discharge to surface waters for treatment plants (including overland flow and wetland treatment systems) discharging to surface waters; and,

3. After holding ponds, if applicable, and immediately before discharge to ground water for treatment plants discharging to ground water via underground injection.

(c) For systems involving high-level disinfection, compliance with the TSS limitations shall be achieved, and sampled for, after the filter and before application of the disinfectant.

History

• Rulemaking Authority 403.061(7) FS. Law Implemented 403.061(13) FS. History‒New 2-8-16, Amended 9-27-21.

Fla. Admin. Code R. 62-600.670 Ground Water Monitoring

(1) Wastewater treatment facilities which are designed so that some or all of the reclaimed water or effluent may enter ground waters shall conduct ground water monitoring in accordance with Chapter 62-520, F.A.C., and this chapter.

(2) Where reclaimed water is applied to multiple sites permitted under Part III of Chapter 62-610, F.A.C., one or more of the sites (representative of each site’s hydrogeological characteristics, soil characteristics, vegetative cover, and reclaimed water application method, etc.) shall be selected by the applicant and approved in writing by the Department as the model site(s) for monitoring the ground water.

(3) The minimum schedule for ground water monitoring is specified in Figure 2 below:

Figure 2. Minimum Sampling Frequency for Ground Water Monitoring

Parameter

Reuse and Land

Application Systems –

New facilities1 with a design capacity < 100,000 gpd

Reuse and Land

Application Systems – New facilities1 with a design capacity ≥ 100,000 gpd and existing facilities

Injection to Aquifer Storage and Recovery (ASR) Systems

Injection to Class F-I, G-I, or G-II Ground Water, except ASR Systems

Injection to Ground Water, except to Class F-I, G-I, G-II, or ASR Systems

Water Level

Semiannually

Quarterly

Quarterly

Monthly

Monthly

Total

Nitrate Nitrogen

(as N)

Semiannually

Quarterly

Monthly

Total Dissolved Solids

Semiannually

Quarterly

Monthly

Arsenic,

Total Recoverable

Semiannually

Quarterly

Cadmium,

Total Recoverable

Semiannually

Quarterly

Chloride (as Cl)

Semiannually

Quarterly

Chromium,

Total Recoverable

Semiannually

Quarterly

Lead, Total Recoverable

Semiannually

Quarterly

Fecal Coliform

Semiannually

Quarterly

Quarterly

pH

Semiannually

Quarterly

Total Sulfate

Semiannually

Quarterly

Total Kjeldahl Nitrogen (as N)

Monthly

Monthly

Total Phosphorus

(as P)

Monthly

Turbidity

Semiannually

Quarterly

Quarterly

Monthly

Monthly

Specific Conductance

Quarterly

Ground Water Standards2

Quarterly

Quarterly

1In accordance with subsection 62-520.600(10), F.A.C., new facilities are facilities which have filed a complete permit application after July 1, 1994.

2As specified in rules 62-520.420, 62-520.460 and 62-550.830, F.A.C.

(4) Grab samples shall be used to test for all ground water parameters.

(5) Monitoring wells shall be purged prior to sampling to obtain a representative sample.

History

• Rulemaking Authority 403.061(7) FS. Law Implemented 403.061(13) FS. History‒New 2-8-16, Amended 9-27-21.

Fla. Admin. Code R. 62-600.680 Reporting

(1) As required by the permit, the permittee shall submit monitoring results on Discharge Monitoring Report, Form 62-620.910(10), F.A.C., in accordance with subsection 62-620.610(18), F.A.C., as follows:

(a) Discharge Monitoring Reports shall be mailed to the Department at the address specified in the permit or electronically submitted using the Department’s Business Portal at http://www.fldepportal.com/go/. Reports shall be submitted in accordance with the frequencies specified on the Discharge Monitoring Report forms attached to the wastewater permit and be postmarked or entered electronically by the 28th day of the month following the month of operation; and,

(b) Discharge Monitoring Reports shall be submitted for each required monitoring period including periods of no discharge.

(2) Monitoring results required by subsection 62-600.660(2), F.A.C., shall be reported to the Department annually on the Discharge Monitoring Report, Form 62-620.910(10). Except as provided in paragraphs (a) and (b), below, the Discharge Monitoring Report shall be submitted so as to be received by the Department by January 28 of each year.

(a) During years when an application for permit renewal is submitted, the Discharge Monitoring Report shall be submitted with the permit application.

(b) During years when an application for permit renewal is not submitted, a certification stating that no new non-domestic wastewater dischargers have been added to the collection system since the last reclaimed water or effluent analysis was conducted may be submitted with the Discharge Monitoring Report. Monitoring not required this period should be noted on the Discharge Monitoring Report.

(3) Facilities subject to the requirements of Section 403.064(16), F.S., to implement a plan to eliminate nonbeneficial surface water discharge by January 1, 2032, shall electronically submit an annual progress report to the Department’s Wastewater Management Program no later than November 1 of each calendar year.

(a) The annual progress report shall provide an update on the average gallons of effluent, reclaimed water, or reuse water no longer discharged into surface waters and the dates of such elimination; the average gallons per day of surface water discharges that will continue under an allowed alternative in accordance with Section 403.064(16), F.S.; and, the level of treatment that the effluent, reclaimed water, or reuse water will receive before being discharged into a surface water.

(b) The annual progress report shall indicate if there were any modifications to the facility’s existing plan to eliminate nonbeneficial surface water discharge by January 1, 2032, or if a new plan was submitted since November 1 of the previous year. When the plan has been fully implemented in accordance with Section 403.064(16), F.S., and such implementation has been acknowledged by the Department, the facility’s subsequent annual progress report shall indicate the report is the facility’s final report and no further annual progress reports are required.

PART V PERMITTING

History

• Rulemaking Authority 403.061(7) FS. Law Implemented 403.061(13) 403.064 FS. History‒New 2-8-16, Amended 12-6-21.

Fla. Admin. Code R. 62-600.700 General

(1) Applicants for a wastewater permit shall demonstrate sufficient disposal or reuse capacity to satisfy the demand during the term of the permit. Permit applications for a treatment facility may be made separately or in conjunction with applications for effluent disposal or reclaimed water reuse systems.

(2) Permitted Capacity.

(a) The permittee shall establish design capacities for the wastewater facilities, including capacities for all treatment, reuse, or disposal options, in the permit application and shall specify the associated time frames (e.g., annual average daily flow, monthly average daily flow, three-month average daily flow). The time frames selected shall reflect seasonal variations in flows, if any.

(b) The Department shall include the permitted capacities in the facility permit and shall specify the associated time frames (e.g., annual average daily flow, monthly average daily flow, three-month average daily flow). The permitted capacities shall not exceed the design capacities. The Department shall establish a permitted capacity less than the design capacity if:

1. The total available reuse and disposal permitted capacity is less than the treatment facility design capacity, or

2. The preliminary design or engineering report does not provide reasonable assurances that the proposed wastewater facility technology will function as intended at the design capacity requested by the permittee.

(c) The permitted capacities for the treatment, reuse, and disposal systems are not required to be the same.

(3) Classification of Projects as “Reuse” or “Disposal.” All domestic wastewater permits issued by the Department shall include designation of each portion of the project as either “reuse” or “effluent disposal” and shall list the permitted capacity associated with each portion of the project.

(4) Public utilities or their affiliated companies shall submit annual reports regarding transactions or allocations of common costs and expenditures on pollution mitigation and prevention among the utility’s permitted wastewater systems, including the prevention of sanitary sewer overflows, collection and transmission system pipe leakages, and inflow and infiltration. This report may be combined with the annual report requirement in paragraph 62-600.705(2)(b), F.A.C. The annual report shall be submitted electronically to the applicable district office or delegated local program no later than June 30 of the year following the close of the fiscal year covered by the report.

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.700, Amended 12-24-96, 2-8-16, 12-6-21.

Fla. Admin. Code R. 62-600.705 Collection/Transmission Systems

(1) An applicant for a wastewater treatment facility permit shall provide a power outage contingency plan with the submittal of the facility’s application for a new permit, permit renewal, or substantial permit revision. The power outage contingency plan shall describe the general program and protocols to mitigate the impacts of power outages on the facility’s collection/transmission system and pump stations, including any applicable mutual aid agreements. A copy of the power outage contingency plan, including any updates or revisions, shall be submitted with subsequent facility applications for permit renewal or substantial permit revision.

(2) Domestic wastewater facilities shall act to prevent sanitary sewer overflows and underground pipe leaks for all collection/transmission systems under control of the facility and shall meet the requirements in this section for those systems.

(a) The facility permittee for a wastewater treatment facility permit shall develop a pipe assessment, repair, and replacement action plan, referred to hereafter in this sections as the “collection system action plan” or “plan,” with at least a 5-year planning horizon for all collection/transmission systems under the utility’s control to mitigate sanitary sewer overflows and underground pipe leaks to the extent technically and economically feasible. The detail of the plan shall be consistent with the complexity of the system based on the best professional judgement of the individual signing the plan. Any portion of the plan requiring “engineering,” as defined by Chapter 471, F.S., shall be certified by a professional engineer registered in the State of Florida. An electronic summary of the collection system action plan shall be submitted to the Department with the facility permit application for any new permit, permit renewal, or substantial permit revision. A copy of the plan or portions of the plan shall be provided within 7 days of request by the Department. The collection system action plan shall meet the following requirements:

1. The plan shall provide a deliberate, proactive approach to evaluating or surveying the pipes, manholes, pump stations, tanks, and other equipment for the collection/transmission systems under the facility’s control during the 5-year planning horizon period. This shall be accomplished in an economically feasible manner. The collection system action plan shall set goals for evaluating percentages of the collection/transmission system annually through the use of one or more investigative techniques such as camera inspections, smoke testing, data analytics, flow isolation, focused electrode leak location, direct observation, and sonar imaging, water chemistry, and solids analysis, or through use of flow monitoring determine the amounts of infiltration, inflow, and leakages. The plan shall set a minimum goal of performing basic evaluations for at least 25 percent of the collection/transmission system during the plan’s five-year planning horizon, unless the permittee demonstrates based on economic feasibility, the age or performance of the collection/transmission system or repairs, replacements, maintenance activities, and other upgrades conducted therein that a lower percentage will achieve the requirements of subsection 62-600.410(6), F.A.C., and the goals for infiltration, inflow, and leakages shall be below the amounts considered excessive under Rule 62-604.500, F.A.C.

2. The plan shall be based on inflow and infiltration studies and leakage surveys conducted by the facility permittee or designee. When the initial inflow and infiltration studies and leakage surveys indicate that inflow, infiltration, or leakage is excessive, then the plan shall also be based on any follow-up sanitary sewer evaluation surveys. The facility permittee may propose an alternative metric to these requirements which the Department shall accept upon a demonstration by the facility permittee that the alternative metric is at least as effective in characterizing the collection/transmission system and determining the actions needed to prevent sanitary sewer overflows.

3. The plan shall provide contact information for the facility and utility of those responsible for implementing the collection system action plan.

4. The plan shall include a map and inventory of the collection/transmission system. The plan for facilities with a permitted capacity of 1 million gallons per day (mgd) or greater shall incorporate the use of a computerized geographic information systems (GIS) map and an electronic maintenance management system or other electronic inventory of the collection/transmission systems under control of the facility, which shall include the following information to the extent technically and economically practicable:

a. For each section of pipe, manholes, and pump stations, a component identification tracking number, the location, length of portion, size and diameter, type of pipe or construction, age, inspection information, and maintenance information.

b. Any climatic and geologic data determined necessary by the facility permittee to help identify appropriate maintenance and repair actions, such as geologic and topographic information; hydrologic information including seasonal high water table information prepared by the facility permittee, United States Geological Survey or other governmental entity; regional rainfall data collected by the facility permittee or other governmental entity; and groundwater quality monitoring associated with the collection/transmission system, if conducted.

c. Information regarding any collection/transmission system flows, overflows, bypasses, verified odor complaints, corrosion data, past inflow and infiltration analysis results, past leakage surveys, population served, and industries served.

5. The plan shall include adaptive maintenance and repair plans including general facility program and protocols regarding routine maintenance, cleaning activities, and protocol for emergency repairs.

6. The plan shall address record keeping for all items in the collection system action plan.

7. The plan shall describe measures taken, if any, for limiting the presence of fats, oils, grease, wet wipes, sand, and grit to the collection/transmission system, as well as a root control program.

8. The plan shall describe measures taken, if any, such as any sewer ordinances or any programs established by the applicable county or municipality in accordance with sections 125.569 and 166.0481, F.S., to minimize inflow and infiltration from individual service connections or sanitary sewer laterals, including for single-family residences, to the extent addressing such inflow and infiltration is determined necessary to prevent sanitary sewer overflows and redressable within the authority of the facility permittee.

9. The plan shall identify, by no later than the first new permit, permit renewal, or substantial permit revision application after December 21, 2025, all satellite collection systems connected to the facility collection system including the name of each satellite collection system, the ownership type of each identified satellite collection system, a unique identifier number for each satellite collection system, whether the satellite collection system is under the control of the facility, and population served by the satellite collection system, The plan shall describe the measures taken, if any, to require or encourage owners/operators of satellite collection systems to minimize inflow and infiltration from their satellite collection systems that cause or contribute to sanitary sewer overflows in the facility’s collection system.

10. The plan shall describe the resiliency of the collection/transmission systems that considers sea-level rise and the planned or completed flood mitigation and stormwater control actions, if any, by the facility permittee or governmental entities that the facility permittee identified as reducing the potential for inflow and infiltration into the facility permittee’s collection/transmission system.

(b) The facility permittee shall submit an annual report summarizing the collection system action plan implementation to the Department no later than June 30 of the year following the close of the fiscal year covered by the report. The report shall be submitted electronically to the applicable district office or delegated local program. The annual report shall address or include the following, at a minimum:

1. A summary of the collection/transmission system-related assessments (e.g. evaluations, investigations, studies, and surveys) conducted including the percentage of the collection/transmission system assessed during the year and the cumulative percentage investigated to date during the 5-year planning horizon of the collection system action plan; the methods used for the assessments; the results of the assessments; and any estimates of inflow, infiltration, and leakages.

2. Any repairs, replacements, maintenance activities, expansions and other upgrades, which the facility permittee identifies as significant, conducted during the year and planned for the upcoming year based on the performance and identified needs of the collection/transmission system.

3. After December 21, 2025, the identification of any new satellite collection systems added to the system including the name of each satellite collection system, the ownership-type of each satellite collection system, a unique identifier number for each satellite collection system, whether the satellite system is under the control of the facility, and the estimated population served by each satellite collection system..

4. Information regarding the annual expenditures dedicated to the inflow and infiltration studies and the collection system action plan; expenditures dedicated to pipe assessment, repair, and replacement; and expenditures designed to limit the presence of fats, oils, grease, roots, wet wipes, sand, and grit in the facility’s collection/transmission system.,

5. Details of facility revenues and expenditures including any substantial increase or decrease of annual expenditures from identified cost projections to address system needs related to inflow and infiltration studies; model plans for pipe assessment, repair, and replacement; and pipe assessment, repair, and replacement required or identified by the collection system action plan.

6. Additional activities and information that the facility permittee identifies as relevant to the prevention of sanitary sewer overflows and underground pipe leakages, such as public education campaigns regarding the proper disposal of wet wipes, flood mitigation measures, stormwater control projects, and other relevant actions identified by the facility permittee.

(3) An applicant may use an alternative to a requirement in subsection 62-600.705(2). F.A.C., if the applicant:

(a) Demonstrates to the Department that the proposed alternative assures at least the same level of protection to the environment and public health; and,

(b) The alternative is submitted and approved with an application for a new facility permit, permit renewal, or substantial permit revision.

(4) Facility permittees meeting the stated goals of their pipe assessment, repair, and replacement action plans shall be eligible for ten year permits in accordance with Section 403.087, F.S.

(5) Substantial compliance with subsection 62-600.705(2), F.A.C., will be used as evidence in mitigation for the purposes of assessing penalties under Department rules.

(6) Owners/operators of publicly owned satellite collection systems with a flow of 100,000 gallons per day (gpd) or greater, or serving a population of 1000 or more, shall develop a collection system action plan in accordance with Rule 62-600.705, F.A.C. The plan shall be prepared no later than five years after (effective date of rule). The owner/operator of the satellite collection system shall notify the Department and the treatment facility which receives the satellite collection system’s flow when the plan has been prepared. This plan shall be reviewed annually by the owner/operator of the satellite collection system and updated at least every five years. The plan shall be made available for inspection within 7 days of request by the Department.

Editorial Note: Ratified by Ch. 2023-308, LOF.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881 FS. History–New 6-28-23.

Fla. Admin. Code R. 62-600.710 Construction Permits

History

• Rulemaking Authority 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.061, 403.087, 403.0877, 403.088, 403.0881 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.710, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.715 Preliminary Design Report

History

• Rulemaking Authority 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.0881 FS. History–New 11-27-89, Amended 6-8-93, Formerly 17-600.715, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.717 Record Drawings

History

• Rulemaking Authority 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.0881 FS. History–New 1-30-91, Formerly 17-600.710, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.720 Operation and Maintenance Manual

(1) In accordance with Rule 62-620.630, F.A.C., permittees of newly constructed or modified domestic wastewater treatment plants and effluent disposal or reuse facilities shall provide notification to the Department that a draft operation and maintenance manual is available prior to placing the newly constructed or modified portion of the facility into operation. Within six months after placing the new or modified facilities into operation, the permittee shall provide notification that a current operation and maintenance manual is available. Permittees of existing domestic wastewater treatment plants and effluent disposal or reuse facilities shall maintain and make available for inspection copies of current operation and maintenance manuals for the facilities, in accordance with Rule 62-620.350, F.A.C. The manual shall provide for the reliable and efficient operation and maintenance of the facilities as follows:

(a) The detail of the manual shall be consistent with the complexity of the system. The manual shall be developed in accordance with the unique requirements of the individual wastewater facility and shall provide the operator with adequate information and description regarding the design, operation, and maintenance features of the facility involved.

(b) The manual shall include basic hydraulic and engineering design criteria for the facility, as well as information and procedures required for normal control and distribution of wastewater, biosolids, and effluent within the facility. In addition, information concerning process control and performance evaluation for the facility, as well as equipment and procedural descriptions (including any notification/reporting requirements of appropriate agencies) for emergency operating conditions and listing of spare parts to have on hand shall be included. Regular maintenance and repair instructions for all equipment; laboratory testing equipment and monitoring procedures; safety and personnel requirements; and a “trouble shooting” problem guide shall be included in the manual.

(c) The manual shall include a power outage contingency plan that mitigates the impacts of power outages on the utility’s collection system and pump stations.

(d) For permittees of domestic wastewater treatment facilities with a permitted flow of 500,000 gallons per day or greater, the emergency response plan portion of the manual shall address cybersecurity preparedness, response, and recovery in addition to other potential emergencies, and include a vulnerability assessment. Guidance to assist permittees in the preparation of the facility emergency response plan is provided in subsection 62-600.300(2), F.A.C.

(e) Operation and maintenance manual requirements for reuse and land application facilities as set forth in Chapter 62-610, F.A.C.

(f) Operation and maintenance manual requirements for underground injection well facilities are set forth in subsection 62-528.415(3), F.A.C.

(g) A copy of the approved manual shall be provided to the operator by the permittee of the facility. The manual shall be available for reference at the facility or other approved site. The permittee shall maintain at least one copy of the approved manual.

(2) The manual shall be revised to reflect any facility alterations performed or to reflect experience resulting from facility operation.

(3) The technical criteria and guidance contained in the technical references listed in subsection (4), below, are hereby incorporated by reference and shall be used, where applicable, in developing operation and maintenance manuals, except as provided in paragraphs (a) and (b), below.

(a) Deviations from the criteria contained in the references listed in subsection (4), below, shall be approved by the Department if the operation and maintenance manual provides reasonable assurance that the proposed operation and maintenance criteria will meet the requirements of this rule.

(b) The Department shall require deviation from the criteria contained in the references listed in subsection (4), below, upon a finding that conformance to them will not assure compliance with the requirements of this rule or other rules of the Department.

(4) Technical References.

(a) Water Pollution Control Federation, 1976. Manual of Practice No. 11 – Operation of Wastewater Treatment Plants. Water Pollution Control Federation, 601 Wythe Street, Alexandria, Virginia 22314-1994, http://www.wef.org.

(b) California State University, Department of Civil Engineering, Third Edition 1988. Operation of Wastewater Treatment Plants – Volumes 1 and 2. California State University, 6000 J Street, Sacramento, California 95819-6025, http://www.ecs.csus.edu/ce/.

(c) California State University, Department of Civil Engineering, First Edition 1987. Advanced Waste Treatment. California State University, 6000 J Street, Sacramento, California 95819-6025, http://www.ecs.csus.edu/ce/.

(d) New York State Department of Environmental Conservation, 1980. Manual of Instruction for Wastewater Treatment Plant Operators – Volumes I, II. Health Education Service, P.O. Box 7126, Albany, New York 12224, http://www.healthresearch.org/store.

(e) U.S. Environmental Protection Agency, 1977. Aerobic Biological Wastewater Treatment Facilities – Process Control Manual. EPA-430/9-77-006. Environmental Quality Instructional Resources Center, Ohio State University, 1200 Chambers Road – Room 310, Columbus, Ohio 43212, http://www.epa.gov/nscep/index.html.

(f) U.S. Environmental Protection Agency, 1977. Package Treatment Plants Operations Manual. EPA-430/9-77-005. Environmental Quality Instructional Resources Center, Ohio State University, 1200 Chambers Road – Room 310, Columbus, Ohio 43212, http://www.epa.gov/nscep/index.html.

(5) Members of the public may request and obtain copies of the references listed in subsection (4), above, by contacting the appropriate publisher at the address indicated. Copies of the above publications are on file and available for review in the Department’s Tallahassee offices and in the Department’s district and branch offices where they may be reviewed during normal business hours.

Editorial Note: Ratified by Ch. 2023-308, LOF.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.720, Amended 12-24-96, 2-8-16, 6-28-23.

Fla. Admin. Code R. 62-600.725 Placing a Facility in Operation

History

• Rulemaking Authority 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.0881 FS. History–New 1-30-91, Formerly 17-600.725, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.730 Operation Permits

History

• Rulemaking Authority 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.0881 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.730, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.735 Operation and Maintenance Performance Report

(1) All applications to renew permits for treatment, reuse, or disposal facilities as required by Form 62-620.910(2) shall include a detailed operation and maintenance performance report. This report will be used, in part, to establish reasonable assurances that these facilities will meet permit limitations during the period for which the permit is requested.

(2) The report shall be jointly prepared by staff responsible for operation of these facilities, by the permittee or the permittee’s delegated representative, and by a professional engineer registered in Florida.

(3) The report shall evaluate the capability of treatment, reuse, and disposal facilities to function as intended during the period for which the permit is requested.

(4) The report shall:

(a) Evaluate the physical condition of each treatment unit, the treatment efficiencies of each treatment process, the overall treatment efficiency of the treatment plant, performance trends, and the operation and maintenance program.

(b) Identify physical, capacity, performance, and operation and maintenance problems and deficiencies which need immediate attention and areas which are potential problems. The report shall identify the consequences if these problems and deficiencies are not corrected in a timely fashion.

(c) Provide recommendations and schedules for corrective actions.

(d) Evaluate the following components, systems, and processes, if included in the facilities being considered for permit renewal:

1. Pumping facilities (raw wastewater, intermediate, recirculation, biosolids, effluent, or reclaimed water pump stations).

2. Preliminary treatment (screens, grit chambers, comminutors).

3. Primary, intermediate, and final clarifiers (structures, scum and biosolids removal equipment, baffles, weirs, sand and grit accumulation).

4. Activated sludge system (blowers, mechanical aerators, aeration system, return sludge system, diffusers, sand and grit accumulation).

5. Trickling filters (wastewater distribution system, media, filter bottom, blowers).

6. Rotating biological contactors (drive mechanisms, media integrity).

7. Filters (media, distribution equipment, filter bottoms, backwash facilities).

8. Coagulation/flocculation (mixers, motors, flocculators, drives).

9. Nutrient removal systems.

10. Disinfection (contact chambers, chlorinators, ozonators, ultraviolet systems).

11. Biosolids treatment and handling (thickeners, chemical conditioning, aerobic digesters, anaerobic digesters, biosolids collection equipment, heat exchange facilities, gas collection equipment).

12. Biosolids dewatering (drying beds, filter presses, vacuum filters).

13. Chemical feed facilities.

14. Blowers and motors associated with treatment processes.

15. Instrumentation and monitoring equipment.

16. Sample collection and laboratory analysis.

17. Effluent or reclaimed water pumping and transmission facilities (pumps, motors, valves).

18. Outfalls.

19. Injection wells.

20. Reuse systems.

21. Wetlands systems.

All applications to revew permits for treatment, reuse, or disposal facilities as required by Form 62-620.910(2), F.A.C., shall:

(5) The collection system and the collection system action plan shall be evaluated if treatment plant problems result from the operation of collection and transmission facilities (such as excessive infiltration/inflow, septic wastewater, introduction of toxic substances, or lack of controls on industrial wastewater discharges to the collection system).

(6) The report shall be signed by the owner and the facility’s lead operator and shall be signed and sealed by a professional engineer registered in Florida.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088 FS. History–New 1-30-91, Formerly 17-600.735, Amended 12-24-96, 2-8-16, 12-6-21.

Fla. Admin. Code R. 62-600.740 Compliance and Enforcement

(1) General.

(a) The Department uses the information submitted on Discharge Monitoring Reports required by part IV of this chapter to establish facility compliance, or noncompliance, with the treatment standards of this rule. For such evaluations, the appropriate reclaimed water or effluent concentrations contained in subsection 62-600.740(2), F.A.C., shall be used for compliance determinations.

(b) The Department may also take enforcement action based on its own sample collection activities using any of the annual, monthly, weekly, or maximum-permissible concentrations specified in subsection 62-600.740(2), F.A.C. Use of such data shall not preclude enforcement action pursuant to the provisions of this or any other chapter of the Florida Administrative Code. The use of grab or composite samples for evaluating annual, monthly or weekly compliance shall be consistent with grab or composite sampling technique (as opposed to sample scheduling) requirements of part IV of this chapter.

(c) Nothing in this or any other rules of the Florida Administrative Code shall preclude the use, by the Department, of additional or more representative sampling data in establishing compliance status.

(2) Reclaimed Water or Effluent Compliance Concentrations.

(a) Compliance of a domestic wastewater facility with secondary treatment standards shall be determined in accordance with Rule 62-600.420, F.A.C.

(b) In order to determine compliance of a domestic wastewater facility with treatment standards more stringent than secondary such as Advanced Waste Treatment (Section 403.086, F.S.), WQBELs (i.e., Rule 62-600.430, F.A.C.), and certain reuse systems (i.e., Chapter 62-610, F.A.C.), the following compliance concentrations shall be applicable.

1. The annual average pollutant value shall not exceed the design concentration established for the reclaimed water or effluent.

2. The monthly average pollutant value shall not exceed one and one-quarter times the design concentration for the reclaimed water or effluent.

3. The weekly average pollutant value shall not exceed one and one-half times the design concentration specified for the reclaimed water or effluent.

4. The maximum-permissible pollutant concentration in any single sample shall not exceed two times the design concentration specified for the reclaimed water or effluent.

(c) In order to determine compliance of a domestic wastewater facility with the alternative secondary preapplication treatment standards specified in Part VI of Chapter 62-610, F.A.C., the design criteria specified therein shall apply as compliance concentrations at all times (i.e., the design criteria applies on an annual, monthly, weekly, and maximum-permissible concentration basis). Other compliance concentrations in this section shall be applicable upon release of the effluent from operational control in order to determine compliance with other requirements of this chapter.

(d) In order to determine compliance of a domestic wastewater facility with disinfection criteria (other than the basic level) specified in subsection 62-600.440(4), F.A.C., for outfalls discharging to open ocean waters, the disinfection level approved by the Department shall apply as compliance concentrations at all times (i.e., the design criteria applies on an annual, monthly, weekly, and maximum-permissible concentration bases).

(3) Biosolids compliance criteria shall be in accordance with the applicable portions of Chapter 62-640, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.086, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.121, 403.131, 403.161 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.740, Amended 12-24-96, 2-8-16, 9-27-21.

Fla. Admin. Code R. 62-600.750 Abnormal Events

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.088, 403.182 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.750, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.760 Reuse or Disposal Permits

History

• Rulemaking Authority 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.0881 FS. History–New 11-29-89, Amended 1-30-91, Formerly 17-600.760, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.900 General

History

• Rulemaking Authority 120.53(1), 403.061 FS. Law Implemented 120.53(1), 120.55, 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.0881, 403.101, 403.121, 403.131, 403.161, 403.182, 403.859 FS. History–New 11-27-89, Amended 1-30-91, 6-8-93, Formerly 17-600.900, Repealed 12-24-96.

Fla. Admin. Code R. 62-600.910 Forms and Instructions

History

• Rulemaking Authority 120.53(1), 403.061 FS. Law Implemented 120.53(1), 120.55, 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.0881, 403.101, 403.121, 403.131, 403.161, 403.182, 403.859 FS. History–New 11-27-89, Amended 1-30-91, Formerly 17-600.910, Repealed 12-24-96.

Chapter 62-601 DOMESTIC WASTEWATER TREATMENT PLANT MONITORING

Fla. Admin. Code R. 62-601.100 Scope, Intent, Purpose, and Applicability

History

• Rulemaking Authority 403.051, 403.061, 403.088 FS. Law Implemented 403.051, 403.061(13), 403.088 FS. History–New 1-1-75, Amended 6-10-76, Formerly 17-19.01, 17-19.001, Amended 1-30-91, Formerly 17-601.100, Amended 12-24-96, Repealed 2-8-16.

Fla. Admin. Code R. 62-601.200 Definitions

History

• Rulemaking Authority 403.051, 403.061, 403.088 FS. Law Implemented 403.051, 403.061(13), 403.088 FS. History–New 1-1-75, Amended 6-10-76, Formerly 17-19.02, Amended 9-13-89, Formerly 17-19.020, Amended 1-30-91, 5-31-93, Formerly 17-601.200, Amended 12-24-96, Repealed 2-8-16.

Fla. Admin. Code R. 62-601.300 General Requirements

History

• Rulemaking Authority 403.051, 403.061, 403.088 FS. Law Implemented 403.051, 403.061(13), 403.088 FS. History–New 1-1-75, Amended 6-10-76, 2-18-79, Formerly 17-19.03, 17-19.030, Amended 1-30-91, 5-31-93, Formerly 17-601.300, Amended 12-24-96, Repealed 2-8-16.

Fla. Admin. Code R. 62-601.400 Sampling and Testing Methods

History

• Rulemaking Authority 403.051, 403.061, 403.0625, 403.088 FS. Law Implemented 403.051, 403.061(13), 403.0625, 403.088 FS. History–New 1-1-75, Amended 6-10-76, Formerly 17-19.04, Amended 9-13-89, Formerly 17-19.040, Amended 1-30-91, 5-31-93, Formerly 17-601.400, Amended 12-24-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-601.500 Sampling Schedules, Locations, and Methodology

History

• Rulemaking Authority 403.051, 403.061, 403.088 FS. Law Implemented 403.051, 403.061(13), 403.088 FS. History–New 1-1-75, Amended 6-10-76, Formerly 17-19.05, 17-19.050, Amended 1-30-91, 5-31-93, Formerly 17-601.500, Amended 12-24-96, Repealed 2-8-16.

Fla. Admin. Code R. 62-601.700 Ground Water Monitoring

History

• Rulemaking Authority 403.061(7) FS. Law Implemented 403.061(13) FS. History–New 1-1-75, Amended 6-10-76, Formerly 17-19.07, 17-19.070, Amended 1-30-91, 5-31-93, Formerly 17-601.700, Amended 12-24-96, Repealed 2-8-16.

Fla. Admin. Code R. 62-601.830 Noncompliance Fees for Failure to Submit Reports

History

• Rulemaking Authority 403.051, 403.061, 403.088 FS. Law Implemented 403.051, 403.061(15), 403.088, 403.121(3) FS. History–New 1-29-91, Formerly 17-601.830, Repealed 2-16-12.

Chapter 62-602 WATER OR DOMESTIC WASTEWATER TREATMENT PLANT OPERATORS AND DISTRIBUTION SYSTEM OPERATORS

Fla. Admin. Code R. 62-602.200 Definitions

For the purposes of this chapter, the following words, phrases, or terms shall have the following meaning:

(1) “Advanced Treatment Water Facility” has the same meaning as defined in Rule 62-565.200, F.A.C. Advanced treatment water facilities are permitted and classified by the Department under Chapter 62-565, F.A.C.

(2) “Approved County Health Department” means a county health department designated by the Department of Health and approved by the Department as having qualified sanitary engineering staff to perform the duties described in section 403.862(1)(c), F.S.

(3) “Approved training course” means a course that has received written approval from the Department for the training of operators as described in rule 62-602.230, F.A.C.

(4) “Automatic control system” means an on-site computerized system with sensors and programs that can adjust and control domestic wastewater or water treatment plant equipment and processes over the normal range of expected operating conditions without operator assistance.

(5) “Continuing Education Unit” means 10 classroom hours of approved instruction. It may be abbreviated to “CEU” in these rules.

(6) “Delegated local program” means Broward County (collection systems only), Miami-Dade County, Hillsborough County, Palm Beach County, or Sarasota County pursuant to section 403.182, F.S.

(7) “Department” means the Florida Department of Environmental Protection.

(8) “Domestic wastewater treatment plant” means any plant or other works used for the purpose of treating, stabilizing, or holding domestic waste. Such plants are permitted and classified by the Department under Chapters 62-600, 62-620 and 62-699, F.A.C.

(9) “Electronic control system” means a comprehensive automatic control system plus electronic surveillance system along with capability for manual adjustment and control of domestic wastewater or water treatment plant equipment and processes via a computerized system at a central or off-site location that is staffed by a Class C or higher treatment plant operator 24 hours per day and seven days per week.

(10) “Electronic surveillance system” means a system that monitors operation of a domestic wastewater or water treatment plant and transmits the results of such monitoring by electronic means to a central or off-site location. The use of a telephone for communication between the lead/chief operator and plant personnel is not considered electronic surveillance.

(11) “Experience” means employment as an employee, volunteer, or contractor at a water or domestic wastewater treatment plant or advanced treatment water facility or electronic control system performing the duties described in subsections 62-602.250(1) and (2), F.A.C, or means employment as an employee, volunteer, or contractor on or for a water distribution system performing the duties described in subsection 62-602.250(7), F.A.C. Employment at an industrial treatment plant using water or wastewater treatment processes similar to those used at drinking water or domestic wastewater treatment plants will qualify as water or domestic wastewater treatment plant operator experience and be approved by the Department if the criteria in subsection 62-602.250(3) or (4), F.A.C., are met.

(12) “License” means a document issued by the Department granting the holder the authority to perform the duties of an operator. The license limits this authority to specific type(s) and classification(s) of water or wastewater plants or water distribution systems based on the training and experience of the licensee.

(13) “Local regulatory agency” means any local office of the Florida Department of Health or county government that is delegated the authority for the compliance and enforcement of drinking water or domestic wastewater rules.

(14) “Operator” means, for the purpose of this chapter, any person who has an active license issued, under this chapter, by the Department. License classes and levels are Class A, B, C, and D for treatment plant operators and Level 1, 2, 3, and 4 for water distribution system operators.

(15) “Permittee” means the person or entity to which a permit for a domestic wastewater facility is issued by the Department or approved local regulatory agency.

(16) “Potable reuse” has the same meaning as defined in Rule 62-565.200, F.A.C.

(17) “Probation letter” means a letter reprimanding the operator for failure to comply with the provisions of rule 62-602.650, F.A.C. This letter shall initiate up to a two-year probation wherein the operator must complete one additional CEU. The letter shall set forth with specificity the allegations of fact that justify the Department’s proposed actions. Within 21 days after receipt of notification, the person affected may petition for an administrative hearing under sections 120.569 and 120.57, F.S. An additional violation of a similar nature or failure to complete the additional CEU shall result in the suspension of the license for two years.

(18) “Public water system” or “PWS” means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. A PWS includes: any collection, treatment, storage, or distribution facilities under control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under control of the operator of such system but used primarily in connection with such system. A PWS does not include any special irrigation district. A PWS is either a community water system or a non-community water system.

(19) “Reciprocity” means a comprehensive evaluation or comparison of an active and valid license equivalent to the class or level of license being requested from a jurisdiction such as another state, the federal government, a territory, or tribal government, that has been designated as the primary agency by the United States Environmental Protection Agency, including the United States Armed Forces to the requirements of a comparable Florida license listed in Rule 62-602.300, F.A.C., and applicable Department rules. This definition applies to reviews conducted between requirements of a specific Florida license class or level and one comparable active and valid license from another jurisdiction. The comprehensive comparison content consists of education, training, existing disciplinary actions, operational experience, examination content, and scores between licensure requirements listed in Rule 62-602.360, F.A.C.

(20) “Standard operating practice” means effective and competent treatment plant or water distribution system operation that is consistent with the existing treatment plant or water distribution system design, the existing treatment plant operation and maintenance manual(s), manufacturers’ equipment manuals, professionally accepted operation procedures as contained in the technical manuals listed in rule 62-602.660, F.A.C., and applicable Department rules. This definition applies to functions that directly affect treatment plant or water distribution system operation and that can be reasonably controlled by the operator.

(21) “Supplier of water” means any person who owns or operates a public water system. This does not include the licensed operator unless that person is also the owner.

(22) “Timely” means that the submittal has been postmarked by the post office before midnight of the date for which the deadline has been established, or has been delivered to the Department before the close of business of that date. If the deadline is a Saturday, Sunday, or legal holiday, timely shall be considered the first working day after the deadline.

(23) “Ward of the State” means any individual currently incarcerated by the Florida Department of Corrections. Wards of Federal correctional agencies and institutions, another state’s correctional agencies and institutions or local city or county correctional agencies and institutions are not considered to be Wards of the State.

(24) “Water distribution system” means those components of a public water system regulated under chapter 62-550, F.A.C., used in conveying water for human consumption from the water treatment plant to the consumer’s property, including pipes, tanks, pumps, and other constructed conveyances.

(25) “Water treatment plant” means those components of a public water system used in collection, treatment, and storage of water for human consumption, whether or not such components are under the control of the operator of such system. Such plants are permitted and classified by the Department, under chapters 62-555 and 62-699, F.A.C., respectively.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.182, 403.8533, 403.862(1)(c), 403.865, 403.866, 403.867, 403.869 FS. History–New 12-30-99, Amended 2-6-02, 10-15-07, 11-6-25.

Fla. Admin. Code R. 62-602.230 Approval of Residence or Correspondence Courses

Educational courses for training of operators shall be approved by type and class or level of training provided. The Department shall approve operator training courses that have a course content meeting Department standards as provided in DEP Form 62-602.230, Water, Wastewater, & Distribution Operator Knowledge Base Manual, hereby adopted and incorporated by reference , effective November 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18520). Copies of this document may be obtained from the Department of Environmental Protection, Operator Certification Program, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Residence courses shall be approved for two years and can be re-approved upon request. The application for approval of a residence course shall contain the following:

(a) Title of the course, the type and class or level of the course, and the total classroom hours;

(b) A statement describing the curriculum and materials that will be used;

(c) A statement that the course will meet Department standards as provided in DEP Form 62-602.230, Water, Wastewater, & Distribution Operator Knowledge Base Manual for the type and class or level of the course offered; and,

(d) A statement of the qualifications, obligations, and responsibilities of the primary instructor. The primary instructor is responsible for developing or reviewing the course curriculum and ensuring the curriculum meets Department standards as provided in DEP Form 62-602.230, Water, Wastewater, & Distribution Operator Knowledge Base Manual. The primary instructor may have additional experts assist with or instruct areas of specialized training. Primary instructors shall sign all certificates of completion and notify the Department when a change occurs in the primary instructor of an approved course.

(2) Residence courses shall not be approved unless an application as described in subsection (1), above, is submitted more than 60 days before the first day of class.

(3) Approval for a correspondence course shall be for as long as the materials are current and applicable to the training needed by Florida operators. The Department shall review the materials every two years to determine if the course is current. Approval of correspondence courses only shall be granted by the Department for courses that meet the standards in t DEP Form 62-602.230, Water, Wastewater, & Distribution Operator Knowledge Base Manual. The publisher or provider of a correspondence course shall submit copies of the text and materials, including tests, to the Department for approval. The application shall outline how the provider will interact with the student, how many lessons will be contained in the course, how much time the student is expected to spend on the course, how successful completion of the course will be indicated, and how frequently the course will be revised to reflect changing technology or new techniques of treatment. The provider of the course shall notify the Department when revisions are made and shall provide the Department with a copy of the revised materials.

(4) The Department shall periodically publish a list of the approved courses. The list shall be available upon request to the Operator Certification Office, Department of Environmental Protection, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 403.869, 403.872 FS. Law Implemented 403.8533, 403.872 FS. History–New 2-6-02, Amended 10-15-07, 11-6-25.

Fla. Admin. Code R. 62-602.250 Criteria for Determining Eligible Experience

(1) Experience necessary for treatment plant operators to meet the requirements of rule 62-602.300, F.A.C., shall include performance of process control as described in paragraph (a), below, while working at a domestic wastewater or water treatment plant or electronic control system as an employee, volunteer, or contractor. Experience listed in paragraph (b), below, while working for a permittee or supplier of water as an employee, volunteer, or contractor also can be included for part of the documented experience if the experience described in paragraph (a), predominates.

(a) Performance of process control shall include the performance of operational control tests and evaluation and interpretation of the test results; preparation of plant process control reports, logs or records; analysis and disposal or distribution of the plant product and the residuals from the treatment process; and control of the hydraulic system and necessary chemical adjustments.

(b) Water distribution system operation and maintenance as described in subsection 62-602.250(7), F.A.C., sample collection and analysis, electronic surveillance system monitoring, and plant maintenance.

(2) For the Class A license, persons can use periods of employment as an on-site supervisor or superintendent of operators at a treatment plant or electronic control system.

(3) Persons employed in the daily onsite operational control of an industrial wastewater treatment plant can use this experience to meet the experience requirements of the Class A, B, or C wastewater operator license. Industrial wastewater treatment plant means the structures, equipment and processes required to treat wastewater, primarily organic in composition, in a plant using a biodegradation or physical-chemical treatment process, similar to the domestic wastewater secondary, tertiary or advanced treatment processes. A diagram and detailed process description must be submitted for the Department to determine if the experience is commensurate to the level applied for.

(4) Persons employed in the daily on-site operational control of an industrial production process water treatment plant can use this experience to meet the experience requirements of the Class A, B, or C drinking water operator license. Industrial production process water treatment plant means the structures, equipment, and processes required to treat water in a plant using a physical-chemical treatment process similar to drinking water treatment processes. A diagram and detailed process description must be submitted for the Department to determine if the experience is commensurate to the level applied for.

(5) Experience required for the treatment plant operator license shall be acquired in the type of treatment, in either wastewater or drinking water, for which a license is requested. Experience in treatment of wastewater for reuse shall be counted as wastewater experience.

(6) Experience in the treatment of potable reuse shall be counted as either drinking water or wastewater in accordance with the Department issued Advanced Treatment Water Facility Permit.

(7) Experience for treatment plant operators excludes:

(a) Experience in wastewater systems where septic tanks, filter beds, or lagoons are the sole means of treatment;

(b) Experience in water systems used for swimming;

(c) Experience in construction or design of treatment plants, or well drilling;

(d) Experience in the installation or servicing of water softening or conditioning devices installed in residences or commercial establishments for the purpose of altering the aesthetic quality of the public water supply;

(e) Experience limited solely to driving a sludge truck, monitoring an electronic surveillance system, facility maintenance, or laboratory work; and,

(f) Periods of employment as directors of public works, utility managers, regulatory inspectors, or in other occupations which do not include the experience as defined in this rule section.

(8) Experience necessary for water distribution system operators to meet the requirements in rule 62-602.300, F.A.C., shall include performance of the duties listed in paragraph (a), below, while working on or for a water distribution system as an employee, volunteer, or contractor. Experience listed in paragraph (b), below, while working on or for a water distribution system as an employee, volunteer, or contractor also may be included for part of the documented experience if the experience listed in paragraph (a), predominates.

(a) Cleaning (swabbing, pigging, scraping, or air purging) water mains; installing, tapping, repairing/replacing, pressure testing, or disinfecting water mains and appurtenances (including fittings, valves, and hydrants); cleaning or disinfecting finished-water storage tanks; operating or adjusting pumps or control valves as necessary to regulate water distribution system flows or pressures; evaluating and interpreting water quality measurements in water distribution systems and troubleshooting to determine causes of water quality complaints; and estimating and justifying water distribution system operation and maintenance budgets.

(b) Flushing water mains; installing or repairing/replacing water services lines and appurtenances (including fittings, valves, and meters); establishing or implementing a cross-connection control program (including installing, repairing/replacing, or testing backflow preventers); testing and maintaining water meters; locating and marking water mains or service lines; operating or exercising isolation valves; testing and maintaining fire hydrants; repairing/overhauling water pumps, control valves or meters; performing water quality measurements in water distribution systems; collecting and analyzing water samples; reading or updating water distribution system maps; and preparing water distribution system operation and maintenance records.

(9) Water distribution system operator experience excludes work on or for a potable water system that is not a Department-regulated public water system and excludes work on fire protection systems; irrigation systems; or gas, oil, or steam piping systems.

History

• Rulemaking Authority 403.869, 403.872 FS. Law Implemented 403.8533, 403.865, 403.866, 403.867, 403.872 FS. History–New 12-30-99, Amended 2-6-02, 10-15-07, 11-6-25.

Fla. Admin. Code R. 62-602.270 Eligibility for Operator Examinations

(1) To be eligible for operator licensing examinations, the applicant must meet the following criteria:

(a) Have a high school diploma or its equivalent.

(b) For Class A, B, or C treatment plant operator examinations and Level 1, 2, or 3 water distribution system operator examinations, have successfully completed a Department-approved training course for the class or level of the examination to be taken no more than 5 years before the examination.

(c) Treatment plant operators must be currently licensed as follows:

1. Licensed as a Class B operator to take the Class A examination.

2. Licensed as a Class C operator to take the Class B examination.

(d) Water distribution system operators must be currently licensed as follows:

1. Licensed as a Level 2 operator to take the Level 1 examination.

2. Licensed as a Level 3 operator to take the Level 2 examination.

(2) Operators from other states must meet the requirements of rule 62-602.360, F.A.C.

Note: To be eligible for licensure, all of the applicable requirements of rule 62-602.300, F.A.C., must be met.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8533, 403.872 FS. History–New 2-6-02, Amended 10-15-07.

Fla. Admin. Code R. 62-602.300 Qualifications for Operator Licensure

To be eligible for licensure by the Department, the applicant shall:

(1) For licensure as a Class D operator:

(a) Have a high school diploma or its equivalent;

(b) Be the owner or owner’s manager or agent or trainee engaged in the operation and maintenance of a public drinking water or domestic wastewater treatment plant for at least 3 months; or document successful completion of the appropriate training course no more than five years before the application submittal and have at least one hour of experience under a certified operator; and,

(c) Obtain a passing score on the Class D examination as provided for in paragraph 62-602.550(1)(a), F.A.C.

(2) For licensure as a Class C operator:

(a) Have a high school diploma or its equivalent;

(b) Document at least 1 year (2,080 hours) of experience as defined in subsections 62-602.250(1)-(6), F.A.C., completed before application submittal;

(c) Obtain a passing score on the Class C examination as provided for in paragraph 62-602.550(1)(a), F.A.C., within the time frames specified in paragraph (d), below.

(d) For the purposes of obtaining a license, the examination specified in paragraph (c), above, will satisfy the examination criterion for licensing for a period of four years from the date a passing score is obtained.

(3) For licensure as a Class B operator the applicant shall:

(a) Have an active Class C license of the same type;

(b) Document at least 3 years (6,240 hours) of experience as defined in subsections 62-602.250(1)-(6), F.A.C., completed before application submittal; and,

(c) Obtain a passing score on the Class B examination as provided for in paragraph 62-602.550(1)(a), F.A.C., within the time frames specified in (d), below.

(d) For the purposes of obtaining a license, the examination specified in paragraph (c), above, will satisfy the examination criterion for licensing for a period of four years from the date a passing score is obtained.

(4) For licensure as a Class A operator the applicant shall:

(a) Have an active Class B license of the same type;

(b) Document at least 5 years (10,400 hours) of experience as defined in subsections 62-602.250(1)-(6), F.A.C., completed before application submittal; and,

(c) Obtain a passing score on the Class A examination as provided for in paragraph 62-602.550(1)(a), F.A.C., within the time frames specified in paragraph (d), below.

(d) For the purposes of obtaining a license, the examination specified in paragraph (c), above, will satisfy the examination criterion for licensing for a period of four years from the date a passing score is obtained.

(5) For licensure as a Level 4 water distribution system operator, either meet the criteria in paragraphs (a) through (c), below, or hold an active Department-issued Consecutive Public Water System Operator License.

(a) Have a high school diploma or its equivalent; and,

(b) Be the owner or owner’s manager, agent, or trainee engaged in the operation and maintenance of a regulated public water distribution system for at least 3 months before submitting application for licensure; or document successful completion of a Department-approved Level 4 water distribution system operator training course no more than 5 years before submitting application for licensure and have at least 1 hour of water distribution system operation and maintenance experience that is obtained under a licensed operator and that is completed before submitting application for licensure; and,

(c) Obtain a passing score as provided for in paragraph 62-602.550(1)(a), F.A.C., on the Level 4 water distribution system operator examination.

(6) For licensure as a Level 3 water distribution system operator, meet the criteria in paragraphs (a) through (c), below.

(a) Have a high school diploma or its equivalent; and,

(b) Document at least 1 year (2,080 hours) of experience as defined in subsection 62-602.250(7), F.A.C., completed before submitting application for licensure; and,

(c) Obtain a passing score as provided for in paragraph 62-602.550(1)(a), F.A.C., on the Level 3 water distribution system operator examination no more than 4 years before submitting application for licensure.

(7) For licensure as a Level 2 water distribution system operator, meet the criteria in paragraphs (a) through (c), below.

(a) Have a high school diploma or its equivalent; and,

(b) Document at least 3 years (6,240 hours) of experience as defined in subsection 62-602.250(7), F.A.C., completed before submitting application for licensure; and,

(c) Obtain a passing score as provided for in paragraph 62-602.550(1)(a), F.A.C., on the Level 2 water distribution system operator examination no more than 4 years before submitting application for licensure.

(8) For licensure as a Level 1 water distribution system operator, meet the criteria in paragraphs (a) through (c), below.

(a) Have a high school diploma or its equivalent; and,

(b) Document at least five 5 years (10,400 hours) of experience as defined in subsection 62-602.250(7), F.A.C., completed before submitting application for licensure; and,

(c) Obtain a passing score as provided for in paragraph 62-602.550(1)(a), F.A.C., on the Level 1 water distribution system operator examination no more than 4 years before submitting application for licensure.

History

• Rulemaking Authority 403.869, 403.872 FS. Law Implemented 403.8533, 403.872 FS. History–New 12-30-99, Amended 2-6-02, 10-15-07, 11-6-25.

Fla. Admin. Code R. 62-602.350 Approval of Residence or Correspondence Courses

History

• Rulemaking Authority 403.869, 403.872 FS. Law Implemented 403.872 FS. History–New 12-30-99, Repealed 10-15-07.

Fla. Admin. Code R. 62-602.360 Licensing Requirements for Reciprocity

(1) Applications for reciprocity shall be made on DEP Form 62-602.360(1), Application for Reciprocity, hereby adopted and incorporated by reference, effective November 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18521) and shall include all fees and documentation required by this chapter. Copies of this document may be obtained from the Department of Environmental Protection, Operator Certification Program, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The Department shall issue a Florida operator license by reciprocity to any applicant who holds an active and valid license from another state, the federal government, a territory, or tribal government that has been designated as the primary agency by the United States Environmental Protection Agency when:

(a) The applicant submits a completed DEP Form 62-602.360(1), Application for Reciprocity, as adopted in Rule 62-602.360(1), F.A.C., and any supporting documentation required to complete the review, and

(b) The applicant remits the application fee specified in Rule 62-602.600, F.A.C., and

(c) The applicant is not subject to any pending disciplinary or enforcement action relating to the licensing of water treatment, domestic wastewater treatment, or water distribution system duties, and

(d) The active and valid license from another state, the federal government, a territory, or tribal government has:

1. An education requirement of at least a high school diploma or its equivalent, and

2. An experience requirement that meets or exceeds the requirements of Rule 62-602.300(1)(b), (2)(b), (3)(b), or (4)(b), F.A.C., and

3. An examination requirement, which at a minimum requires a passing score of at least 70 percent, is proctored, closed book, and consists of at least 50 questions.

(2) The Department shall issue a Florida operator license by reciprocity to any applicant whose military occupation specialty (MOS) includes duties and responsibilities of a water treatment plant operator, water distribution system operator, or domestic wastewater treatment plant operator while serving in the United States Armed Forces, when:

(a) The applicant submits a completed reciprocity application as adopted in Rule 62-602.360(1), F.A.C., and any supporting documentation required to complete the review, and

(b) The applicant remits the application fees specified in Rule 62-602.600, F.A.C., and

(c) The applicant is not subject to any pending disciplinary or enforcement actions relating to the performance of water treatment, domestic wastewater treatment, or water distribution systems duties, and

(d) The applicant holds a high school diploma or its equivalent, and

(e) The duties performed under the applicant’s MOS provide the experience necessary for treatment plant or distribution system operators in accordance with Rule 62-602.250, F.A.C., and are documented by one or more of the following:

1. Form DD 214, “Certificate of Release or Discharge from Active Duty,”

2. DD Form 2586 “Verification of Military Experience and Training,”

3. Joint Services Transcript,

4. A copy of the applicant’s official military personnel file which denotes the applicant’s assignments and duties,

5. Letter on official military letterhead, signed and dated by the applicant’s Commander, that specifically identifies the applicant’s MOS and length of military service in which the applicant served within the occupational specialty.

(f) The applicant has passed an examination or skills assessment that resulted in the formal award of a skill level or a certificate of completion from the applicant’s formal military training or technical school. An applicant’s license class or level under this chapter shall be determined based upon the highest skill level obtained.

(g) The applicant’s total active military service shall be equivalent to the experience necessary for treatment plant and distribution system operator requirements under Rule 62-602.300, as follows:

1. 6 to 23 months of active military service equates to 750 experience hours,

2. 24 to 71 months of active military service equates to 2,080 experience hours,

3. 72 to 119 months of active military service equates to 6,240 experience hours,

4. Over 119 months of active military service equates to 10,400 experience hours.

(h) For retired or discharged applicants, the application must be made within five years from the date of discharge or retirement from the United States Armed Forces.

(3) If an applicant does not meet the requirements for licensure by reciprocity under paragraph (2), the Department shall award the applicant hours of eligible experience as follows:

(a) For MOSs in which the applicant has served actively for a minimum of 6 months and primary duties are within plumbing, electrical, mechanical, civil engineering, mechanical engineering, environmental engineering or environmental health disciplines, the applicant shall be awarded 750 hours of eligible experience.

(b) For all other MOSs, applicants having actively served for a minimum of 6 months shall be awarded 500 hours of eligible experience.

(c) Hours of eligible experience shall be applied only once to a single license category.

(d) Must meet the requirements of 62-602.270, F.A.C.

(4) During a state of emergency declared under section 252.36, F.S., persons who hold an active and valid water, domestic wastewater, or water distribution license from another state, the federal government, a territory, or tribal government that has been designated as the primary agency by the United States Environmental Protection Agency, may temporarily conduct activities or responsibilities of a Class C level drinking water or wastewater operator or Level 3 distribution system operator, under this Chapter, in accordance with the following:

(a) Temporary authorization to conduct water, domestic wastewater, and water distribution system operations under this provision during a declared state of emergency shall expire in conjunction with the expiration date of or noted in the issued executive order from the Office of the Governor or coincide with the expiration date on the home state license, whichever is sooner.

(b) Temporary authorization to conduct water, domestic wastewater, and water distribution system operations under this provision is authorized only in the counties where a state of emergency has been declared by the executive order.

(c) In the event of overlapping declared states of emergency, the expiration date of the authorization under this provision may be adjusted or extended with the effective extension of any applicable executive order.

(d) Any public water system, domestic wastewater treatment plant, or water distribution system, which employs one or more person(s) under this provision, shall:

1. Verify the license type and status of the non-Florida operator with the appropriate authority.

2. Enter in the plant operation and maintenance log in a manner consistent with standard operating practice as defined in Rule 62-602.650(6), F.A.C., the operator’s full name, license type, license level, license number, and original issuing authority.

3. Within 60 days of the date the employment or utilization of the non-Florida operator, submit notification to the Operator Certification Program, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, the operator’s full name, address, phone number, license type, license level, license number, original issuing authority and license expiration date.

(5) Any water treatment, domestic wastewater treatment or water distribution system operator licensure issued by another state, federal government, territory, or tribal government based upon reciprocity, without an examination that meets the requirements of Rule 62-602.360(1)(d)3., F.A.C., shall not be eligible for reciprocity.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.8533, 403.872 FS. History–New 2-6-02, Amended 10-15-07, 11-6-25.

Fla. Admin. Code R. 62-602.410 Applications for Examination

(1) Applications for treatment plant operator examinations shall be made on DEP Form 62-602.410(1), Application for Water or Wastewater Treatment Plant Operator Examination, hereby adopted and incorporated by reference, effective November 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18522), and shall include all fees and documentation required by this chapter. Applications for water distribution system operator examinations shall be made on DEP Form 62-602.410(2), Application for Water Distribution System Operator Examination, hereby adopted and incorporated by reference, effective November 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18523), and shall include all fees and documentation required by this chapter. Copies of this document may be obtained from the Department of Environmental Protection, Operator Certification Program, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(2) Documentation of course completion shall include the name and type of training institution, the number of classroom hours in the approved course, the date of course completion, the type and level of training approved (water or domestic wastewater treatment plant Class D, C, B, or A or water distribution system Level 4, 3, 2, or 1), and the signature of the instructor who determined that the applicant has successfully completed the course.

(3) In addition to the completed application form, fees, and all supporting documentation, two photographs of the applicant’s face and head, size 2 inches by 2 inches, not more than 6 months old, must be included. Any photograph that is not identifiable will be returned to the applicant and will delay the processing of the application.

History

• Rulemaking Authority 403.869, 403.872 FS. Law Implemented 403.872 FS. History–New 2-6-02, Amended 10-15-07, 11-6-25.

Fla. Admin. Code R. 62-602.420 Applications for License

(1) Applications for treatment plant operator licenses shall be made on DEP Form 62-602.420(1), Application for Water or Wastewater Treatment Plant Operator License, hereby adopted and incorporated by reference, effective November 2025 (http://flrules.org/Gateway/reference.asp?No=Ref-18524), and shall include all fees and documentation required by this chapter. Applications for water distribution system operator licenses shall be made on DEP Form 62-602.420(2), Application for Distribution System Operator License, hereby adopted and incorporated by reference, effective November 2025, (http://flrules.org/Gateway/reference.asp?No=Ref-18525), and shall include all fees and documentation required by this chapter. Copies of this document may be obtained from the Department of Environmental Protection, Operator Certification Program, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(2) Verification of employment experience as defined in subsection 62-602.200(8) F.A.C., and rule 62-602.250, F.A.C., shall be provided by the applicant to confirm the hours required in rule 62-602.300, F.A.C. These hours shall be verified by one of, or a combination of, paragraphs (a) through (d), below.

(a) For applicants who are working as an employee or volunteer, hours shall be verified by the lead operator of the treatment plant or water distribution system or the applicant’s supervisor.

(b) For applicants who are working as a contractor, hours shall be verified by the contract manager for each treatment plant or water distribution system, or the applicant shall submit with the application a copy of the contract for each treatment plant or water distribution system or a certification from the plant or system owner verifying time at each plant or system.

(c) For the purposes of crediting experience, applicants with experience from a treatment plant not permitted by the Department must provide a complete flow diagram and detailed description indicating all plant treatment processes and operations and plant flow rate. The diagram must be attached to the employment verification. This information will be used to determine experience eligibility under the classification of plants established by the Department in chapter 62-699, F.A.C.

(d) If the employment experience is not verified by a licensed operator, an applicant for a treatment plant operator license must provide a reference from a peer who is a licensed operator of the same type (water or domestic wastewater) to verify the type of experience of the applicant. If the employment experience is not verified by a licensed operator, an applicant for a water distribution system operator license must provide a reference from a peer who is either a licensed water treatment plant operator or a licensed water distribution system operator to verify the type of experience of the applicant.

(3) To be determined complete, the application must include all fees, signatures and affidavits, and document all experience.

History

• Rulemaking Authority 403.869, 403.872 FS. Law Implemented 403.1832, 403.8533, 403.872 FS. History–New 2-6-02, Amended 10-15-07, 11-6-25.

Fla. Admin. Code R. 62-602.430 Application Processing for Examinations and license

(1) Applications for operator examinations shall be processed as described. Complete applications for examinations shall be submitted to the Department or its designee no later than 90 days before the date of the requested examination. For purposes of this rule, an application is complete when all items on the application form have been fully answered with all attendant documentation provided, the applicant has paid all fees specified in rule 62-602.600, F.A.C., and all checks submitted have been honored. Applications postmarked, or delivered by hand to the Department, less than 90 days before the date of an examination shall be processed for the next examination.

(a) within 30 days after receipt of an incomplete application, the Department shall send notification to an applicant of an incomplete application. The applicant must make such application complete no later than two weeks after notice of incompleteness is sent, or by the application deadline, whichever is later, to be considered eligible for the next examination. If the application is not made complete by this time, the applicant will be considered ineligible and the refundable fees will be returned. The applicant must submit a new application with the required fees to be considered for a later examination. After an application is determined to be complete, an eligibility review shall be conducted by the Department.

(b) The applicant shall be notified of the eligibility status at least 30 days before the examination date, or no more than 90 days after the receipt of a complete application, whichever comes first.

(c) If the Department determines that the applicant is not qualified to take the examination, notice of such determination with administrative hearing rights shall be mailed to the applicant. The applicant may petition for an administrative hearing under sections 120.569 and 120.57, F.S.

(2) Applications for operator licenses shall be processed as follows:

(a) Applications for operator license may be submitted to the Department or its designee at any time after the requirements of rule 62-602.300, F.A.C., have been met. For purposes of this rule, an application is complete when all items on the application form have been fully answered with all attendant documentation and the applicant has paid all fees specified in rule 62-602.600, F.A.C., with all checks honored.

(b) within 30 days after receipt of an application, the Department shall send notification to an applicant of an incomplete application.

(c) The Department shall notify the applicant of the determination of license eligibility within 90 days after receipt of a complete application.

(d) If the Department determines that the applicant is not qualified for licensure, notice of such determination with administrative hearing rights shall be mailed to the applicant. The applicant may petition for an administrative hearing under sections 120.569 and 120.57, F.S.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8533, 403.872 FS. History–New 2-6-02, Amended 10-15-07.

Fla. Admin. Code R. 62-602.450 Notification to Applicants for Examinations

(1) For each applicant approved by the Department to take the examination, the Department will notify the applicant of the time, place, and date of the examination and will provide the applicant with an admission notice that is required for admission to the examination.

(2) The Department will reschedule an applicant for the next available examination, or provide a refund of the examination fee, when the applicant cannot take the originally scheduled examination and the applicant provides documentation of one of the circumstances below to the Department no later than 21 days after the scheduled examination:

(a) For required military service, the applicant must submit to the Department a copy of the applicant’s military orders or a letter from the applicant’s commanding officer.

(b) For medical reasons, the applicant must provide a statement from the applicant’s treating physician that serious injury, illness, or other impairment prevented the candidate from taking the examination.

(c) For an injury, illness, or death in the immediate family, the applicant must document that this caused the applicant to miss the scheduled examination.

(d) Subpoena to appear in court or for jury duty.

(3) If an applicant does not take the scheduled exam, and does not meet the requirements in subsection (2), above, the examination fee will neither be refunded nor carried forward to the next examination cycle.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.872 FS. History–New 12-30-99, Amended 10-15-07.

Fla. Admin. Code R. 62-602.500 Examination Administration

(1) During the examination, candidates must follow the instructions of the examination supervisor. The instructions shall be provided to the candidates in written form, and shall be read to the candidates by the examination supervisor. The candidates will be permitted to ask reasonable questions of the Department’s examination supervisor and proctors relating to the instructions.

(2) The Department’s admission notice for the specified examination and a government-issued photo identification, such as driver’s license, must be presented in order to gain admission to the examination. A valid government-issued photo identification shall be acceptable in the absence of the admission notice provided the candidate’s name appears on the examination admission roster that has been prepared by the Department for the specific examination.

(3) If a candidate arrives at the designated testing location after the designated starting time, the candidate will be permitted to take the examination only after the candidate has signed a statement clearly indicating the candidate’s late arrival time, and has agreed that the candidate will have only the remaining designated time in the examination to complete the examination. Any candidate who refuses to sign such a statement will be disqualified from the examination and may apply to the Department for scheduling for the next examination. If the late candidate arrives after any other candidate has already finished the examination and left the examination room, the late candidate will be disqualified from the examination and may apply to the Department for scheduling for the next examination. The exam fee will not be refunded in either situation described above.

(4) All examination booklets, answer sheets, and other examination papers and materials are the sole property of the Department. No candidate shall take any of the examination booklets, answer sheets, answers, or other examination papers or materials from the examination room, or retain, reproduce or compromise the materials in whole or in part by any means or method.

(5) The examinations will consist of multiple-choice questions. All questions are equally weighted. Knowledge, skills, or abilities to be tested shall be determined by the Department and reviewed by the exam review committee.

(6) If through no fault of the candidate, the candidate is not allowed the standard allotted time to complete the examination, additional time may be allowed upon approval of the examination supervisor. If materials are lost by the Department, or other problems occur because of the Department’s inaction or negligence, the Department shall permit reexamination in those areas at no charge at the next available regularly scheduled examination.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.872 FS. History–New 12-30-99, Amended 10-15-07.

Fla. Admin. Code R. 62-602.530 Conduct at Test Site and During Reviews

(1) Any individual found by the Department to have engaged in conduct which subverts or attempts to subvert the examination or review process will have his or her scores on the examination withheld and declared invalid.

(a) Individuals with an active or inactive license shall be subject to suspension or revocation of the license as stated in subsection 62-602.870(1), F.A.C.

(b) Individuals that do not have an active or inactive license shall be disqualified from taking future exams for a period of two years.

(2) Conduct that subverts or attempts to subvert the examination process includes:

(a) Conduct which violates the security of the examination materials, such as removing from the examination room any of the examination materials; reproducing or reconstructing any portion of the licensing examination; aiding by any means in the reproduction or reconstruction of any portion of or information from the licensing examination; selling, distributing, buying, receiving, or having unauthorized possession of any portion of, or information from, a future or current licensing examination.

(b) Conduct which violates the standard of test administration, such as communicating with any other examinee during the administration of the examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee during the administration of the examination; having in one’s possession during the administration of the licensing examination any book, notes, written or printed materials or data of any kind, other than the examination materials distributed or specifically listed as approved materials for the examination room in the information provided to the examinee in advance of the examination date by the Department.

(c) Conduct which violates the credentialing process, such as falsifying or misrepresenting information required for admission to the examination, impersonating an examinee or having an impersonator take the licensing examination on one’s own behalf.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.872 FS. History–New 12-30-99, Amended 2-6-02.

Fla. Admin. Code R. 62-602.550 Grading of Examinations and Grade Notification

(1) Grading of all examinations shall be as follows:

(a) Examinations shall be graded by the Department or its designee. Examination answer sheets shall be electronically scored. Effective July 1, 2000, the minimum passing score on the examination is 70%. In rounding percentages, any percentage that is 0.5 or above shall be rounded up to the next higher whole number. Percentages less than 0.5 shall be rounded down to the next lower whole number.

(b) After an examination has been graded, the Department shall reject any questions that do not reliably measure the general areas of competency. The Department shall review the item analysis and any statistically questionable items after the examination has been administered. Based upon this review, the Department shall adjust the scoring key by eliminating the questionable items for grading purposes. All questions that do not adequately and reliably measure an applicant’s ability to practice the profession shall be rejected. The Department shall calculate each candidate’s grade using the scoring key or adjusted scoring key.

(2) The Department shall notify the candidate of the results of the candidate’s examination. An examination grade notification letter shall be withheld for insufficient funds resulting from any fee. Any candidate failing to achieve a passing score will also be notified of the requirements for re-examination, and review and appeal rights and procedures.

(3) If there are additional adjustments to the scoring key after the mailing of grades for an examination, amended grade reports shall be mailed to all candidates whose scores increased from a failing score to a passing score as a result of the adjustment.

(4) If it is determined that a candidate’s examination or portion thereof cannot be scored through no fault of the candidate, the candidate shall be permitted to take the next available regularly scheduled examination at no charge.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.872 FS. History–New 12-30-99, Amended 2-6-02.

Fla. Admin. Code R. 62-602.560 Candidates’ Post Exam Review

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.872 FS. History–New 12-30-99, Amended 2-6-02, Repealed 10-15-07.

Fla. Admin. Code R. 62-602.570 Formal Administrative Hearing Petition and Pre-Hearing Review Request

Under sections 120.569 and 120.57, F.S., and rules 62-110.106, 28-106.201 and 28-106.301, F.A.C., a candidate who has taken and failed an examination may petition for an administrative hearing under the following terms and conditions:

(1) All petitions for administrative hearings shall be filed no later than twenty-one (21) days after the applicant receives the Department’s grade notification letter. No petition received more than 21 days from the date of receipt of the grade notification letter will be accepted. The petition shall conform to rule 28-106.201, F.A.C., when material facts are in dispute, or rule 28-106.301, F.A.C., when no material facts are in dispute.

(2) After the petition has been filed, for the purpose of preparing for the administrative hearing, the candidate and the candidate’s attorney will be permitted to review examination questions, answers, papers, grades, and grade keys for the questions the candidate answered incorrectly. The request for such review will be submitted to the Department in writing.

(3) If, while preparing for a hearing, the Department discovers that credit should be awarded for one or more examination questions listed in the candidate’s petition for a hearing, the Department shall issue an amended grade notification letter reflecting the candidate’s amended score.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.872 FS. History–New 12-30-99, Amended 10-15-07.

Fla. Admin. Code R. 62-602.580 Use of Operator Examinations

(1) Operator examinations will be developed by or for the Department, or the Department will use available national operator examinations.

(2) A national examination is an examination developed by or for a national or multi-state professional association, board, council, or society (hereinafter referred to as organization) and administered for the purpose of assessing entry-level skills necessary to protect the health, safety, and welfare of the public from incompetent practice and meets the following standards:

(a) The purpose of the examination shall be to establish entry-level standards of practice that shall be common to all practitioners;

(b) The practice of the profession at the national level must be defined through an occupational survey with a representative sample of all practitioners and professional practices; and,

(c) The examination must assess the scope of practice and the entry skills defined by the national occupational survey.

(3) The organization that develops a national examination, or for which a national examination is developed, as discussed in subsection (2), above, must meet the following requirements:

(a) The organization must be recognized by practitioners across the nation in the form of representatives from the States or shall have membership representing a substantial number of the nation’s or states’ practitioners who have been licensed through the national examination.

(b) The organization shall be the responsible body for overseeing the development and scoring of the national examination.

(c) The organization shall provide security guidelines for the development and grading of the national examination and shall oversee the enforcement of these guidelines.

(4) Written examinations developed by or for the Department may include trial test or experimental questions for the purpose of evaluating the statistical or psychometric qualities of new or revised questions prior to their use in an examination. Trial test or experimental questions will not be identified to the candidates as trial test questions on the examination.

(a) The maximum number of trial test questions included in a single examination shall not exceed 20 percent of the total number of questions on the examination, or ten (10) questions, whichever is greater.

(b) Trial test questions shall not be counted toward the candidate’s score on the examination. Answers to trial test questions shall not be subject to review by the candidates during the candidate’s review process. Additional time will not be given to complete an examination that contains trial questions.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8533, 403.872 FS. History–New 12-30-99, Amended 10-15-07.

Fla. Admin. Code R. 62-602.600 Fees for Operator Examinations and Licensure

The following fees are required for the activities associated with operator examination and licensing.

(1) Applicants for operator examinations shall submit the following fees with the application. All application fees are non-refundable.

Examination Class or Level

Application Fee

Examination Fee

Class A Treatment Plant Operator

$25.00

$75.00

Class B Treatment Plant Operator

$25.00

$75.00

Class C Treatment Plant Operator

$25.00

$75.00

Class D Treatment Plant Operator

$25.00

$50.00

Level 1 Water Distribution System Operator

$25.00

$50.00

Level 2 Water Distribution System Operator

$25.00

$50.00

Level 3 Water Distribution System Operator

$25.00

$50.00

Level 4 Water Distribution System Operator

$25.00

$50.00

(2) Applicants for operator licenses shall submit the following fees with the application. All application fees are non-refundable.

License Class or Level

Application Fee

License Fee

Class A Treatment Plant Operator

$50.00

$50.00

Class B Treatment Plant Operator

$50.00

$50.00

Class C Treatment Plant Operator

$50.00

$50.00

Class D Treatment Plant Operator

$25.00

$25.00

Level 1 Water Distribution System Operator

$25.00

$25.00

Level 2 Water Distribution System Operator

$25.00

$25.00

Level 3 Water Distribution System Operator

$25.00

$25.00

Level 4 Water Distribution System Operator

$25.00

$25.00

Reciprocity Application

Application Fee

License Fee

Reciprocity License

$50.00

$50.00

United States Armed Forces

No Fee

No Fee

(3) Applicants for reciprocity shall submit the following fees with the application. All application fees are non-refundable.

Reciprocity Application

Application Fee

License Fee

Reciprocity License

$50.00

$50.00

United States Armed Forces

No Fee

No Fee

(4) All operators holding a Class A, B, or C treatment plant operator license shall renew their license biennially and pay a non-refundable $75.00 fee to the Department before a renewal license will be issued. Operators holding a Class D treatment plant operator license or a Level 1, 2, 3, or 4 water distribution system operator license shall renew their license biennially and pay a non-refundable $50.00 fee to the Department before a renewal license will be issued.

(5) To obtain a duplicate license, the licensee must submit a written request and pay $25.00 for each duplicate requested.

(6) To reactivate an inactive license, a reactivation fee of $100.00 shall be paid in addition to the specified biennial license renewal fee.

(7) The fees stated in subsections (1) through (3), above, shall be $10 for an application, $10.00 for an examination, and $10.00 for a license or license renewal for wards of the state upon submission of written evidence, with the examination or license application or renewal notice, to the Department that said individual is a ward of the state.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.871, 403.872, 403.874 FS. History–New 12-30-99, Amended 2-6-02, Amended 10-15-07, 11-6-25.

Fla. Admin. Code R. 62-602.650 Duties of Operators

An operator is responsible for performing treatment plant or water distribution system operation and maintenance duties in a manner consistent with standard operating practices. The duties shall be the following:

(1) Domestic wastewater treatment plant operators shall perform responsible and effective on-site management of the operation, supervision, and maintenance of domestic wastewater treatment plants, including, if applicable, reuse or disposal systems within the operator’s responsibility. Water treatment plant operators shall perform responsible and effective on-site management of the operation, supervision, and maintenance of water treatment plants or water distribution systems. Water distribution system operators shall perform responsible and effective on-site management of the operation, supervision, and maintenance of water distribution systems.

(2) Domestic wastewater treatment plant operators shall submit to the permittee all required reports in the manner required by the Department in Rule 62-600.680, F.A.C. Water treatment plant operators shall submit to the supplier of water all required reports in the manner required by the Department in Rules 62-550.730, 62-555.325, and 62-555.350, F.A.C.

(3) Domestic wastewater treatment plant operators shall notify the permittee as soon as possible following the discovery of any abnormal event or noncompliance that may endanger health or the environment as described in subsection 62-604.550(2) or 62-620.610(20), F.A.C.; additionally, wastewater plant operators shall report to the State Warning Point (SWP) at 1(800)320-0519 and the Department or delegated local program in accordance with subsections 62-604.550(2) and 62-620.610(20), F.A.C., unless the permittee has written procedures designating and directing other knowledgeable staff to report on behalf of the permittee to the SWP and the Department or delegated local program in accordance with subsections 62-604.550(2) and 62-620.610(20), F.A.C. Water treatment plant operators and water distribution system operators shall notify the supplier of water as soon as possible after discovery of any of the circumstances described in subsection 62-555.350(10), F.A.C.; additionally, water treatment plant operators and water distribution system operators shall report to the SWP, the Department or approved county health department (ACHD), and water customers in accordance with subsection 62-555.350(10), F.A.C., unless the supplier of water has written procedures designating and directing other knowledgeable staff to report on behalf of the water supplier to the SWP, the Department or ACHD, and water customers in accordance with subsection 62-555.350(10), F.A.C.

(4) Domestic wastewater treatment plant operators shall maintain a separate operation and maintenance (O&M) log for each domestic wastewater treatment plant, and water treatment plant operators shall maintain a separate O&M log for each water treatment plant. The plant O&M log shall be maintained on site at the plant in a location accessible to 24-hour inspection and protected from weather damage. The plant O&M log shall be maintained in a hard-bound book with consecutive page numbering, or alternatively, part or all of the plant O&M log may be maintained electronically upon written request by the permittee or supplier of water and written approval by the appropriate Department district office, delegated local program, or approved county health department (ACHD). Department district offices, delegated local programs, and ACHDs shall approve partial or complete electronic plant O&M logs if the permittee or supplier of water demonstrates that required data will remain accessible to 24-hour inspection and protected from weather damage; that adequate data storage capacity and data backup will be provided; that entries made by recording equipment will be date/time stamped; and that entries made by an operator will be date/time stamped and accompanied by an electronic signature unique to, and under the sole control of, the operator. The plant O&M log shall be maintained current to the last operation and maintenance performed and shall contain a minimum of the previous three months of data at all times. The plant O&M log shall contain the following information, which shall be entered in the O&M log during each plant visit before leaving the plant:

(a) Identification of the plant;

(b) The signature and license number of the operator making any entries;

(c) Date and time in and out of the plant;

(d) Description of specific plant operation and maintenance activities, including any preventive maintenance or repairs made or requested;

(e) Results of tests performed and samples taken, unless documented on a laboratory sheet;

(f) Notation of any notification or reporting completed in accordance with subsection 62-602.650(3), F.A.C.

(5) Beginning May 1, 2011, water treatment plant or distribution system operators shall maintain one or more operation and maintenance (O&M) logs for each water distribution system. The water distribution system O&M log may be combined with the O&M log for any water treatment plant connected to the water distribution system or may be a separate log. The water distribution system O&M log shall be maintained in a hard-bound book with consecutive page numbering, or alternatively, part or all of the water distribution system O&M log may be maintained electronically upon written request by the supplier of water and written approval by the appropriate Department district office or approved county health department (ACHD). Department district offices and ACHDs shall approve partial or complete electronic water distribution system O&M logs if the supplier of water demonstrates that adequate data storage capacity and data backup will be provided; that entries made by recording equipment will be date/time stamped; and that entries made by an operator will be date/time stamped and accompanied by an electronic signature unique to, and under the sole control of, the operator. The water distribution system O&M log shall be maintained current to the last operation and maintenance performed and shall contain a minimum of the previous three months of data at all times. The water distribution system O&M log shall contain the following information, which shall be entered in the O&M log on the day the information was obtained:

(a) Identification of the distribution system;

(b) The signature and license number of the operator making any entries;

(c) Date, time, and description of water distribution system operation or maintenance (O&M) activities that may affect water quality or quantity and that are listed in Footnote 1 under the tables in subparagraphs 62-699.310(2)(f)1. and 2., F.A.C., including any such activities that are performed by a licensed underground utility and excavation contractor or licensed plumbing contractor;

(d) Results of tests performed and samples taken, unless documented on a laboratory sheet;

(e) Notation of any notification or reporting completed in accordance with subsection 62-602.650(3), F.A.C.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.8533, 403.865, 403.875(1)(a) FS. History–New 12-30-99, Amended 2-6-02, 10-15-07, 11-6-25.

Fla. Admin. Code R. 62-602.660 Technical Manuals

The following technical manuals are incorporated by reference herein and are to be used to establish professionally accepted treatment plant or water distribution system operation. These manuals are available from the sources listed below.

(1) Domestic Wastewater Treatment Plants.

(a) Operation of Wastewater Treatment Plants, Volume I. Sixth Edition, 2004. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025.

(b) Operation of Wastewater Treatment Plants, Volume II. Sixth Edition, 2003. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025.

(c) Advanced Waste Treatment. Fifth Edition, 2006. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025.

(d) Small Wastewater Systems Operation and Maintenance, Volume I. First Edition, 1997. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025.

(e) Small Wastewater Systems Operation and Maintenance, Volume II. First Edition, 2002. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025.

(f) Operation of Municipal Wastewater Treatment Plants, Volumes I-III, WEF Manual of Practice 11. Fifth Edition, 1996. Water Environment Federation, Publications Order Department, 601 Wythe Street, Alexandria, Virginia 22314-1994.

(2) Water Treatment Plants and Water Distribution Systems.

(a) Water Treatment Plant Operation, Volume I. Fifth Edition, 2004. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025.

(b) Water Treatment Plant Operation, Volume II. Fourth Edition, 2004. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025.

(c) Water Distribution System Operation and Maintenance. Fifth Edition, 2005. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025.

(d) Small Water System Operation and Maintenance. Fourth Edition, 2002. California State University Sacramento, Office of Water Programs, 6000 J Street, Sacramento, California 95819-6025.

(e) Water Treatment Operator Handbook, American Water Works Association (AWWA). Revised Edition, 2005. AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235.

(f) Water Distribution Operator Training Handbook, American Water Works Association (AWWA). Third Edition, 2005. AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235.

(g) American Water Works Association (AWWA) Standard C651-05, Disinfecting Water Mains; AWWA Standard C652-02, Disinfection of Water-Storage Facilities; AWWA Standard C653-03, Disinfection of Water Treatment Plants; and AWWA Standard C654-03, Disinfection of Wells. AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235.

(h) Recommended Practice for Backflow Prevention and Cross-Connection Control, AWWA Manual M14, Third Edition, 2004. American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235.

(i) “Guidelines for the Issuance of Precautionary Boil Water Notices,” December 11, 2006. Florida Department of Health, Bureau of Water Programs, 4052 Bald Cypress Way, Bin # C22, Tallahassee, Florida 32399-1742.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.867, 403.875 FS. History–New 12-30-99, Amended 10-15-07.

Fla. Admin. Code R. 62-602.700 Operator Licensing

The Department shall issue an appropriate license to each applicant who has met all the license requirements for a specific class or level.

(1) The effective date of the license shall be the date the applicant is notified by the Department and the license shall expire at the end of the current biennium except for instances where the initial operator license became effective within 12 months before the current biennium. These licenses will remain effective until the end of the following biennial period.

(2) Licenses shall be renewed in accordance with rule 62-602.710, F.A.C.

(a) It shall be the responsibility of the licensee to keep the Department informed of any changes in information or new information that the Department requires, including changes in the current mailing address and name changes.

(b) Licensees shall send their requests for changes to the Department’s master file to the Department of Environmental Protection, Operator Certification Program, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(c) Name change requests shall be in writing with supporting legal documentation.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8533, 403.867 FS. History–New 12-30-99, Amended 2-6-02, 10-15-07.

Fla. Admin. Code R. 62-602.710 Renewal of Operator Licenses

(1) All active licenses remain active until the end of the current biennium as indicated on the license, except as specified in subsection 62-602.700(1), and rule 62-602.870, F.A.C. The effective date of an active license shall be the first day of the current biennium or the date the required renewal fee and documentation of completion of CEUs are received, whichever is later. Each biennium extends through the 30th of April of odd numbered years.

(2) At least 90 days before an active license expires, the Department shall mail renewal notices to the operator’s last address of record. However, failure to receive a renewal notice shall not excuse the licensee from timely renewal.

(3) To retain an active status following the end of each biennium, the following must be submitted to the Department in a timely manner.

(a) The current name, address, social security number, and the license type and level.

(b) A certification acknowledging the following:

1. Completion of all requirements for license renewal set forth by the Department,

2. That during the upcoming licensure period the applicant may be required to produce proof that all license renewal requirements for that licensure period were met; and,

3. That failure to comply with license renewal requirements, or making a false statement as to such compliance, will subject the applicant to disciplinary action or criminal prosecution.

(c) Submittal of the renewal notice is acceptable for paragraph (a) and (b), above, if the correct, current information required above is provided and the notice is signed by the licensee.

(d) The fee specified in subsection 62-602.600(3) or (7), F.A.C.

(e) Documentation of successful completion of CEUs as required in subsection 62-602.710(4), F.A.C.

(4) CEUs shall be required for renewal of operator licenses beginning after the renewal cycle ending April 30, 2001. CEUs must be approved by the Department for credit to be given, and the required number of units shall be earned in the two years directly preceding the request for license renewal. Completing an approved training course for the next higher class or level of license during a renewal cycle will satisfy the CEU requirement for that cycle. CEU requirements are as follows:

(a) Two CEUs shall be required for the renewal of a Class A or B water or domestic wastewater treatment plant operator license.

(b) One CEU shall be required for the renewal of each Class C water or domestic wastewater treatment plant operator license.

(c) One-half of one CEU shall be required for the renewal of each Class D water or domestic wastewater treatment plant operator license and each Level 1, 2, 3, or 4 water distribution system operator license.

(d) An individual who has active Class A or B licenses for both drinking water and domestic wastewater shall only be required to obtain 3 CEUs for the renewal of both licenses, but 1.5 CEUs must apply to each type of license; CEUs that can be applied to either type of license must be clearly identified as such on the certification, and cannot be concurrently applied to each license. An individual who has both an active water treatment plant operator license and an active water distribution system operator license may concurrently apply the same CEUs to each license. CEUs for all other combinations of dual licensing shall be additive.

(e) A certified operator who is teaching an approved continuing education course shall, upon receipt of documentation, receive credit equal to the CEUs approved for that course.

(f) A certified operator who teaches an approved residence course may use this experience for one-half of the required CEUs needed to renew his license.

(g) Certificates of completion showing the continuing education credit shall be filed with the request for licensure renewal form and the renewal fee. Electronic confirmation of completion will be accepted from participating institutions in lieu of a certificate of completion. A request for renewal shall be denied if required continuing education cannot be confirmed. The renewal fee shall not be refunded if the license is denied because of insufficient continuing education units.

(h) Approval of CEU courses shall be accomplished in accordance with the Department’s “Manual for Approving Continuing Education Courses for Operator Licensing,” that may be obtained by writing to Department of Environmental Protection, Operator Certification Program, Mail Station 3506, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(i) Topics for continuing education include operation and control of a treatment plant or water distribution system, troubleshooting treatment processes, troubleshooting to determine the causes of water quality complaints, health and safety, employee and community right-to-know notification procedures, toxic and hazardous materials handling procedures, solids and residuals control, supervision and management, basic chemistry and biology, mathematics of the treatment process or water distribution system, laboratory sampling procedures, equipment or water main maintenance and repair, computer applications for water or wastewater treatment or water distribution, blue print reading, governmental rules and procedures, security, and emergency response.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8532, 403.8533, 403.873 FS. History–New 12-30-99, Amended 2-6-02, 10-15-07.

Fla. Admin. Code R. 62-602.720 Inactive Status of License; Reactivation Procedures

(1) Any license shall revert to inactive status if the requirements of subsection 62-602.710(3), F.A.C., have not been met.

(2) A licensee with an inactive status may apply to reactivate the license during the two-year period following the deadline for the last renewal cycle.

(3) To reactivate the license, the licensee shall meet the requirements in subsection 62-602.710(3), F.A.C., including submitting the renewal fee, and shall submit the reactivation fee specified in subsection 62-602.600(5), F.A.C.

(4) The license of an inactive licensee that does not achieve active status within two years following the end of the most recent licensing period shall be expired (null and void), and subsequent licensure will require meeting all the requirements for the type, and class or level of license sought.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8533, 403.874 FS. History–New 12-30-99, Amended 10-15-07, 1-24-10.

Fla. Admin. Code R. 62-602.750 Denial of Application or Renewal of Licenses

(1) The Department shall deny an application for license examination, license issuance, or renewal of a license for any of the following reasons:

(a) Submission of false or misleading information on the license application or renewal request.

(b) Submission of a non-redeemable check with the license application or renewal request.

(c) Failure to supply information needed to complete the application or renewal request.

(d) Failure to pass the appropriate examination.

(e) Fraud or cheating on an examination.

(f) Revoked or suspended license in Florida or another state.

(g) Any of the reasons listed in rule 62-602.800, F.A.C.

(2) Upon denial of renewal of a license, the Department shall give written notice to the person involved. Within 21 days from receipt of notice, the person affected may petition for an administrative hearing under sections 120.569 and 120.57, F.S.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.872, 403.873 FS. History–New 12-30-99, Amended 2-6-02.

Fla. Admin. Code R. 62-602.800 Grounds for Disciplinary Proceedings

The following acts or omissions are grounds for disciplinary actions:

(1) Practicing as a licensed operator on a revoked, suspended, or inactive license.

(2) Any operator of a public water system or domestic wastewater treatment plant, licensed operator, supplier of water, or permittee of a domestic wastewater treatment plant who employs any person to perform the duties of an operator, as identified in rule 62-602.650, F.A.C., who is not licensed.

(3) Any person fulfilling operator staffing requirements under chapter 62-699, F.A.C., without an active license of the appropriate level and type.

(4) An operator performing treatment plant or water distribution system operation in a manner that is not consistent with standard operating practices.

(5) An operator who has knowingly or negligently submitted misleading, false, or inaccurate information as documentation for licensure, laboratory results, or operational reports.

(6) Failure to maintain required reports or records required to be maintained by operators by the Department.

(7) Failure to comply with any provision of sections 403.865 through 403.876, F.S., this chapter, or Department rules pertaining to water or domestic wastewater treatment plants or water distribution systems.

(8) Failure to comply with an order of the Department previously entered in a disciplinary action.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8533, 403.875, 403.876 FS. History–New 12-30-99, Amended 2-6-02, 10-15-07.

Fla. Admin. Code R. 62-602.850 Disciplinary Guidelines

When the Department finds that a person who is subject to regulation under sections 403.865 through 403.876, F.S., has violated any of the provisions set forth in rule 62-602.800 or 62-602.870, F.A.C., or sections 403.865 through 403.876, F.S., it shall issue an administrative order imposing appropriate penalties for each count within the ranges recommended in the following disciplinary guidelines:

(1) Performing the duties of an operator without an active license. The recommended penalty is an administrative fine of a minimum of $100 for each month of performance, up to a maximum of $1,000.00.

(2) Use of the name or title “water treatment plant operator,” “domestic wastewater treatment plant operator,” or “water distribution system operator,” or any other words, letters, abbreviations, or insignia indicating or implying that a person is a licensed operator, or otherwise holds himself out as an operator, unless the person is a holder of a valid license. The recommended penalty is an administrative fine of a minimum of $250.00, up to a maximum of $1,000.00.

(3) Knowingly allowing the use or failing to report the use of his or her own license, as the license of another. The recommended penalty is from a minimum of a 1 year suspension, up to a maximum of revocation of the operator’s license.

(4) Knowingly or negligently submitting misleading, false, inaccurate, or forged information or evidence to the Department. The recommended penalty for an applicant not already licensed as an operator is denial of the application and prohibition of reapplication from a minimum of 2 years, up to a maximum of 3 years. The recommended penalty for an operator shall be revocation of the operator’s license and prohibition of reapplication for a minimum of 2 years, up to a maximum of permanent revocation of the operator’s license.

(5) Using or attempting to use a license that has been suspended, revoked, or placed on inactive status. The recommended penalty for practicing on an inactive license is a fine of $100.00 for each month of practice up to $1,000.00. The recommended penalty for practicing on a suspended license is from a minimum of a $1,000.00 fine, up to a maximum of an additional 1 year suspension. The recommended penalty for practicing on a revoked license is denial of application for license for a minimum of 3 years, up to a maximum of 5 years, and a referral to the state attorney for criminal sanctions.

(6) Employing unlicensed persons to perform the duties of an operator or fulfilling, or employing persons to fulfill, operator staffing requirements under chapter 62-699, F.A.C., without an active license of the appropriate type and appropriate class or level. The recommended penalty is an administrative fine of a minimum of $500.00, up to a maximum of $1,000.00.

(7) Concealing information relative to any violation of this rule. The recommended penalty is the imposition of an administrative fine of a minimum of $500.00, up to a maximum of $1,000.00; and suspension of license from a minimum of 1 year, up to license revocation. The actual penalty imposed depends upon the severity of the violation to cause plant upset, produce drinking water that does not meet the applicable requirements, or endanger the safety of plant employees or the public.

(8) Failure to comply with the provisions of rule 62-602.650, F.A.C. The recommended penalty for failure to submit reports in a timely manner, or to maintain operation and maintenance logs, as required by rule 62-602.650, F.A.C., is from a minimum issuance of a probation letter to a maximum administrative fine of $100.00 per day of the occurrence up to a maximum of $1,000.00 for the offense. The recommended penalty for failure to report unpermitted discharges, interruption of service, plant upsets, or the failure to report the production of drinking water that does not meet the applicable requirements is from a minimum of a suspension of license of 1 year, up to a maximum of revocation of license. The recommended penalty for failure to perform treatment plant or water distribution system operation in a manner consistent with standard operating practices, or failure to comply with any other provision of rule 62-602.650, F.A.C., is from a minimum administrative fine of $100 per day of the occurrence up to a maximum of $1,000.00 for the offense.

(9) Checks for licensure, license renewal, examination returned for insufficient funds. The recommended penalty is suspension of license until the full fees are received, including the charge for insufficient funds.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8533, 403.875, 403.876 FS. History–New 12-30-99, Amended 2-6-02, 10-15-07.

Fla. Admin. Code R. 62-602.870 Suspension and Revocation of Operator License

(1) The Department shall, depending on aggravating and mitigating circumstances, in addition to a fine, suspend a license for a period not to exceed 2 years for any of the following reasons:

(a) Submission of false or misleading information in an application for license or for renewal of a license.

(b) Cheating on an examination.

(c) Incompetence in the performance of duties of an operator that results in a treatment plant or water distribution system, under the direct charge of the operator, being operated in a manner inconsistent with standard operating practice.

(2) The Department shall permanently revoke a license for any one of the following reasons:

(a) Fraud in the submission of applications or documentation for license or renewal.

(b) Determination by the Department that an operator falsified or intentionally misrepresented, or finds persistent inaccuracy or incompleteness of, data or information contained in documents or reports required to be submitted to the Department or an approved local regulatory agency, including the operation, laboratory or maintenance reports or logs required to be maintained, signed, or submitted by an operator.

(c) A finding by the Department that negligence in the performance of duties as an operator has resulted in harm to public health or safety or to the environment.

(d) Suspension of license more than twice.

(3) Revocation can be permanent or for a shorter time. If less than permanent, a person with a revoked license may seek certification as an operator upon completion of the revocation period and its conditions. Such certification must meet all of the requirements in rule 62-602.300, F.A.C.

(4) Before revoking or suspending a license, the Department shall give written notice to the persons involved, setting forth with specificity the allegations of fact which justify the Department’s proposed actions. Within 21 days of receipt of notification, the person affected may petition for an administrative hearing under sections 120.569 and 120.57, F.S.

(5) Licenses that have been revoked or suspended shall be returned to the Department within 30 days after the effective date of revocation or suspension.

(6) In order to resume practicing as an operator, persons with suspended licenses shall not be required to reexamine for licensure after the period of suspension has passed, unless or until the person's license expires of its own accord.

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.1832, 403.8533, 403.876 FS. History–New 12-30-99, Amended 10-15-07.

Fla. Admin. Code R. 62-602.880 Consecutive Public Water System Operator Licenses

History

• Rulemaking Authority 403.869, 403.872 FS. Law Implemented 403.1842, 403.872 FS. History–New 2-6-02, Amended 10-15-07, Repealed 2-16-12.

Fla. Admin. Code R. 62-602.900 Forms for the Operator Certification Program

History

• Rulemaking Authority 403.869 FS. Law Implemented 403.876 FS. History–New 12-30-99, Amended 2-6-02, 10-15-07, Repealed 2-16-12.

Chapter 62-603 DETERGENTS

Fla. Admin. Code R. 62-603.100 Scope of Rule and Definitions

(1) Scope of Rule. Pursuant to Chapter 72-53, Laws of Florida, these rules and regulations are adopted to ensure that no detergents reasonably found to have a harmful or deleterious effect on human health or on the environment are sold in Florida after December 31, 1972.

(2) Definitions.

(a) “Department” is the State of Florida Department of Environmental Protection.

(b) “Detergent” is any synthetic surface active product in any form used with water for laundry (including presoaking), household, institutional, industrial, or other washing purposes.

(c) “Recommended Use Level” means the amount of detergent recommended by the manufacturer for use per wash load, at which level said detergent effectively will perform its intended function. Said recommendation for use per wash load level shall be that amount generally recommended for the product on the package without reference or regard to other language on the package which relates to geographical location or legal limitation imposed in a particular location.

History

• Rulemaking Authority 403.061(7),(23) FS. Law Implemented 403.061(23) FS., Chapter 72-53, Laws of Florida. History–New 12-30-72, Formerly 17-14.01, 17-14.001, 17-603.100, Amended 12-26-96.

Fla. Admin. Code R. 62-603.300 General Prohibitions and Exemptions

(1) General Prohibitions.

(a) It shall be unlawful for any person, firm or corporation to sell, offer to expose for sale, give or furnish any detergent, other than powdered household laundry detergents with recommended use levels of 1/4 cup (2 oz.) or less per load, containing more than eight and seven-tenths percent (8.7%) of phosphorus by weight, expressed as elemental phosphorus, within Florida after December 31, 1972.

(b) It shall be unlawful for any person, firm or corporation to sell, offer or expose for sale, give or furnish any household laundry detergent which requires a recommended use level of said detergent containing more than seven grams (7 gms.) of phosphorus by weight, expressed as elemental phosphorus, within Florida after December 31, 1972.

(2) Exemptions. The following are exempted from the General Prohibitions:

(a) Any detergent used for personal body cleansing, disinfecting, sanitizing, or scientific purpose, except household laundry detergents.

(b) Any detergent manufactured for use in commercial laundry and machine dishwashing, and in the processing and handling of dairy, beverage and food products and industrial cleaning or for other institutional or industrial applications.

History

• Rulemaking Authority 403.061(7), (23) FS. Law Implemented 403.061(23) FS., Chapter 72-53, Laws of Florida. History–New 12-30-72, Amended 4-13-80, Formerly 17-14.03, 17-14.030, 17-603.300, Amended 12-26-96.

Chapter 62-604 COLLECTION SYSTEMS AND TRANSMISSION FACILITIES

Fla. Admin. Code R. 62-604.100 Applicability

(1) These rules are intended to assure that all waters of the state shall be free from components of wastewater discharges which, alone or in combination with other substances, are acutely toxic; are present in concentrations which are carcinogenic, mutagenic, or teratogenic to humans, animals, or aquatic species; or otherwise pose a serious threat to the public health, safety, and welfare.

(2) As appropriate, Chapter 62-604, F.A.C., shall be used in conjunction with other Department rules relating to the design and operation and maintenance of domestic wastewater collection/transmission systems.

(3) Requirements in this rule shall apply to both public and private domestic wastewater collection/transmission systems.

(4) Requirements in this chapter do not apply to reclaimed water distribution lines. Requirements for permitting, design and construction of reclaimed water distribution systems are in Chapter 62-610, F.A.C., and Chapter 62-620, F.A.C.

(5) Specific activities required to obtain a permit are in Rule 62-604.600, F.A.C.

(6) Individual service connections from single family residences are not required to be permitted by the Department.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.100, Amended 12-26-96, 11-6-03, 10-4-21.

Fla. Admin. Code R. 62-604.120 Variations from Requirements

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Formerly 17-604.120, Amended 12-26-96, 11-6-03, Repealed 2-16-12.

Fla. Admin. Code R. 62-604.130 Prohibitions

The following acts and the causing thereof are prohibited.

(1) The release or disposal of excreta, sewage, or other wastewaters or biosolids without providing proper treatment approved by the Department; construction or operation of a wastewater collection system not in compliance with this rule; or any act otherwise violating provisions of this rule or of any other rules of the Department.

(2) Violations of the odor prohibition in subsection 62-296.320(2), F.A.C.

(3) Cross-connection, as defined in rule 62-550.200, F.A.C.

(4) Except to augment the supply of reclaimed water when all conditions of paragraph 62-610.472(3)(c), F.A.C., are met, the deliberate introduction of stormwater in any amount into collection/transmission systems designed solely for the introduction (and conveyance) of domestic/industrial wastewater and/or the deliberate introduction of stormwater into collection/transmission systems designed for the introduction or conveyance of combinations of storm and domestic/industrial wastewater in amounts which may reduce the efficiency of pollutant removal by the treatment plant.

(5) The acceptance, by the operating authority of a collection/transmission system or by the permittee of a treatment plant, of connections of wastewater discharges which have not received necessary pretreatment as defined in Rule 62-625.200, F.A.C., or which contain materials or pollutants (other than domestic wastewater constituents):

(a) Which may cause fire or explosion hazards, or

(b) Which may cause excessive corrosion or other deterioration of wastewater facilities due to chemical action or pH levels, or

(c) Which are solid or viscous and obstruct flow or otherwise interfere with wastewater facility operations or treatment, or

(d) Which result in the wastewater temperature at the introduction of the treatment plant exceeding 40°C or otherwise inhibiting treatment, or

(e) Which result in the presence of toxic gases, vapors, or fumes that may cause worker health and safety problems.

(6) The failure to maintain equipment in a condition which will enable the intended function.

(7) The submission, by the owner, manager, or operator of a collection/transmission system, or agent or employee thereof, of misleading, false, or inaccurate information to the Department, either knowingly or through neglect.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.121, 403.131, 403.161 FS. History–New 11-27-89, Formerly 17-604.130, Amended 12-26-96, 11-6-03, 10-4-21.

Fla. Admin. Code R. 62-604.200 Definitions

Terms used in this rule shall have the meaning specified below. The meaning of any term not defined below may be taken from definitions in other rules of the Department, unless such meaning would defeat the purposes or intent of Chapter 62-604, F.A.C.

(1) “Alternative collection/transmission systems” means those systems referenced in paragraphs 62-604.300(5)(b), (c), and (j), F.A.C., or other collection/transmission systems not comprised of strictly conventional gravity sewers, pump stations, and force mains.

(2) “Collection/transmission systems” means sewers, pipelines, conduits, pumping stations, force mains, and all other facilities used for collection and transmission of wastewater from individual service connections to facilities intended for the purpose of providing treatment prior to release to the environment.

(3) “Delegated local program” means any county, municipality, or combination thereof that has established and administers a pollution control program approved by the Department in compliance with Section 403.182, F.S., as amended.

(4) “Department” means the State of Florida Department of Environmental Protection, or delegated local program, where applicable.

(5) “District office” means the regional district offices of the Department.

(6) “Domestic wastewater” means wastewater derived principally from dwellings, business buildings, institutions, and the like, commonly referred to as sanitary wastewater or sewage. When industrial wastewater is combined with domestic wastewater for treatment, determination of whether the treatment plant is designated as domestic shall be in accordance with the definition of domestic wastewater provided in Rule 62-600.200, F.A.C.

(7) “Individual service connection” means the sewer which connects the point(s) at which wastewater leaves a building which is its source and the point at which it enters a collection system.

(8) “Infiltration” means groundwater that enters a collection/transmission system, including service connections, through defective pipes, pipe joints, connections, service connections, manholes, or pump stations. Infiltration does not include, and is distinguished from inflow. Infiltration is generally observed during seasonally high ground water conditions.

(9) “Inflow” means surface water and stormwater that enters a collection/transmission system, including service connections, from sources such as roof leaders, cellar drains, yard drains, area drains, drains from wet areas, foundation drains, cross connections between storm sewers and sanitary sewers, catch basins, stormwater, surface rounoff, manhole covers, or drainage. Inflow does not include permitted industrial discharges into the collection system or the intentional introduction of water into a collection system to supplement reclaimed water supplies. Inflow does not include, and is distinguished from, infiltration. Inflow is generally observed during wet weather as well as in coastal communities during some high tide flooding events.

(10) “Leakage” or “exfiltration” means wastewater that leaks into surrounding soil from deteriorated, poorly designed, poorly constructed, or otherwise defective collection/transmission systems including from service connections, pipes, manholes, and pump stations.

(11) “Modification” means any alteration, expansion, upgrade, extension, replacement of, or addition to an existing wastewater facility or activity.

(12) “Permittee” means the owner, operator or other entity to which a permit for a wastewater facility or activity is issued by the Department. The term “permittee” shall be functionally synonymous with the terms “owner,” “contractor,” or “licensee,” but shall not include licensed individuals, such as State certified operators, unless they are the persons to whom a facility permit is issued by the Department. The term shall extend to a permit “applicant” for purposes of this chapter.

(13) “Private drinking water supply well” means a well serving a private or multifamily water system as defined in Rule 62-532.200, F.A.C.

(14) “Public drinking water supply well” means a well serving a public water system as defined in Rule 62-550.200, F.A.C., or a well serving a limited use commercial public water system or limited use community public water system as defined in Rule 62-532.200, F.A.C.

(15) “Sanitary sewer overflow” means any overflow, spill, release, discharge, or diversion of wastewater from a domestic wastewater collection/transmission system.

(16) “Satellite collection system” means a collection/transmission system owned or operated by an entity other than the entity that owns the wastewater treatment facility.

(17) “Treatment” means any method, technique, or process which changes the physical, chemical, or biological character or composition of wastewater and thereby reduces its potential for polluting waters of the state.

(18) “Wastewater” means the combination of liquid and water-carried pollutants from residences, commercial buildings, industrial plants, and institutions together with any groundwater, surface runoff or leachate that may be present.

(19) “Wastewater facility” or “facility” means any facility which discharges wastes into waters of the State or which can reasonably be expected to be a source of water pollution and includes any or all of the following: the collection and transmission system, the wastewater treatment works, the reuse or disposal system, and the biosolids management facility.

(20) “Waters” shall be as defined in Section 403.031, F.S.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.200, Amended 12-26-96, 11-6-03, 10-4-21.

Fla. Admin. Code R. 62-604.300 General Technical Guidance, Related Rules, and Forms

(1) The following manuals and technical publications listed in subsection (2), provide guidance to assist applicants, permittees, and owners/operators of collection/transmission systems to comply with this chapter. Copies are available for review at the Department of Environmental Protection, Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400.

(2) Standard Manuals and Publications.

(a) Odor and Corrosion Control in Sanitary Sewerage Systems and Treatment Plants (1985). EPA/625/1-85/018. NTIS#PB88184031. National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161, www.ntis.gov.

(b) Alternative Wastewater Collection Systems (1991). EPA/625/1-91/024. NTIS# PB93-1162591N2. National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161, www.ntis.gov.

(c) Manual of Practice No. FD-12. Alternative Sewer Systems (1986). Water Environment Federation, 601 Wythe Street, Alexandria, VA 22314, www.wef.org.

(d) Manual of Practice No. FD-4. Design of Wastewater and Stormwater Pumping Stations (1993). Water Environment Federation, 601 Wythe Street, Alexandria, VA 22314, www.wef.org.

(e) Manual of Practice No. FD-5. Gravity Sanitary Sewer Design and Construction (1982). Water Environment Federation, 601 Wythe Street, Alexandria, VA 22314, www.wef.org.

(f) Manual of Practice No. 7. Wastewater Collection Systems Management (1999). Water Environment Federation, 601 Wythe Street, Alexandria, VA 22314, www.wef.org.

(g) Recommended Standards for Wastewater Facilities (2014). Health Research, Inc., Health Education Services Division, P.O. Box 7126, Albany, New York 12224, www.healthresearch.org.

(h) Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability – MCD-05 (1974). EPA-430-99-74-001, Department of Environmental Protection, 2600 Blair Stone Road, MS 3540, Tallahassee, FL 32399, www.dep.state.fl.us/water.

(i) Operation and Maintenance of Wastewater Collection Systems Volume I (1999) and Volume II (1998). California State University, Department of Civil Engineering, 6000 J Street, Sacramento, California 95819, www.owp.xux.edu.

(j) Design and Specification Guidelines for Low Pressure Sewer Systems (1981). Department of Environmental Protection, 2600 Blair Stone Road, MS 3540, Tallahassee, FL 32399, www.dep.state.fl.us/water.

(k) Handbook: Sewer System Infrastructure Analysis and Rehabilitation (1991). EPA/625/6-91/030. EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov.

(l) Project Summary: Exfiltration in Sewer Systems (2003). EPA/600/SR-01/034. EPA National Risk Management Research Laboratory, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov.

(m) Manual of Practice No. FD-6, Existing Sewer Evaluation and Rehabilitation (1994). Water Environment Federation, 601 Wythe Street, Alexandria, VA 22314, www.wef.org.

(3) Forms. The forms used by the Department are listed in this rule. The rule numbers are the form numbers. Copies of these forms are available from the Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System, DEP Form 62-604.300(3)(a), (http://www.flrules.org/Gateway/reference.asp?No=Ref-13559) effective October 4, 2021, is hereby adopted and incorporated by reference.

(b) Notification of Completion of Construction for a Domestic Wastewater Collection/Transmission System DEP Form 62-604.300(3)(b), (http://www.flrules.org/Gateway/reference.asp?No=Ref-13560) effective October 4, 2021, is hereby adopted and incorporated by reference.

History

• Rulemaking Authority 403.051, 403.061(7), 403.087 FS. Law Implemented 403.061, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, 5-31-93, Formerly 17-604.300, Amended 12-26-96, 11-6-03, 10-4-21.

Fla. Admin. Code R. 62-604.400 Design/Performance Considerations

(1) All new collection/transmission systems and modifications of existing systems for which construction permits are required by the Department shall be designed:

(a) In accordance with sound engineering practices to provide reasonable assurance the collection/transmission system will meet the requirements of this chapter;

(b) To be located on public right-of-ways, land owned by the permittee, or easements;

(c) Except as provided in Chapter 62-532, F.A.C., to be located no closer than 100 feet from a public drinking water supply well and no closer than 75 feet from a private drinking water supply well unless the applicant provides documentation accompanying the permit application showing that another alternative will result in an equivalent level of reliability and public health protection; and,

(d) To preclude the deliberate introduction of storm water, surface water, groundwater, roof runoff, subsurface drainage, swimming pool drainage, air conditioning system condensate water, non-contact cooling water except as provided by subsection 62-610.668(1), F.A.C., and sources of uncontaminated wastewater. However, collection/transmission systems may be designed to augment the supply of reclaimed water when all conditions of paragraph 62-610.472(3)(c), F.A.C., are met.

(2) In addition to subsection (1), above, the following requirements shall be met where applicable:

(a) Emergency pumping capability shall be provided for all pump stations. Pumping capability shall be provided as follows:

1. Pump stations that receive flow from one or more pump stations through a force main or pump stations discharging through pipes 12 inches or larger shall provide for uninterrupted pumping capabilities, including an in-place emergency generator.

2. For pump stations not addressed in subparagraph (2)(a)1., above, emergency pumping capability may be accomplished by connection of the station to at least two independent utility substations, by providing a connection for portable or in-place engine-driven generating equipment, or by providing portable pumping equipment.

3. Such emergency standby systems shall have sufficient capacity to start up and maintain the total rated running capacity of the station. Regardless of the type of emergency standby system provided, a riser from the force main with rapid connection capabilities and appropriate valving shall be provided for all pump stations to hook up portable pumps. All pump station reliability design features shall be compatible with the available temporary service power generating and pumping equipment of the authority responsible for operation and maintenance of the collection/transmission system.

(b) Pumping stations shall be protected from lightning and transient voltage surges. As a minimum, stations shall be equipped with lightning arrestors, surge capacitors or other similar protection devices, and phase protection. Small pumping stations serving a single building will not be required to provide surge protection devices when they are not necessary to protect the pump station. Complex or critical pumping stations shall be designed to incorporate standby pumping capability, power generation, and other appropriate features pursuant to paragraph 62-604.300(5)(h), F.A.C.

(c) New pumping stations shall be designed and located on the site so as to minimize adverse effects resulting from odors, noise, and lighting. The permittee shall give reasonable assurance that the facility shall not cause odor, noise or lighting in such amounts or at such levels that they adversely affect neighboring residents, in commercial or residential areas, so as to be potentially harmful or injurious to human health or welfare or unreasonably interfere with the enjoyment of life or property, including outdoor recreation. Reasonable assurance may be based on such means as aeration, landscaping, treatment of vented gases, buffer zones owned or under the control of the permittee, chemical additions, prechlorination, ozonation, innovative structural design or other similar techniques and methods, as may be required.

(d) New pumping stations shall be enclosed with a fence or otherwise designed with appropriate features that discourage the entry of animals and unauthorized persons. An unobstructed sign made of durable weather resistant material shall be posted at a location visible to the public with a telephone number for a point of contact in case of emergency.

(e) In areas with high water tables, the pump station shall be designed to include measures to withstand flotation forces when empty. The potential for damage or interruption of operation because of flooding shall be considered by the permittee when siting new pumping stations. The electrical and mechanical equipment shall be protected from physical damage by the 100-year flood. The pumping station shall be designed to remain fully operational and accessible during the 25-year flood; lesser flood levels may be designed for, dependent on local conditions, but in no case shall less than a 10-year flood be used. Design considerations (water surface elevation, forces arising from water movement, etc.) shall be based upon available information; where site-specific information is unavailable, sound engineering practices shall be used in siting and design of pump station facilities.

(f) Branches of intersecting force mains shall be provided with appropriate valves such that one branch may be shut down for maintenance and repair without interrupting the flow of other branches. Stubouts on a force main, placed in anticipation of future connections, shall be equipped with a valve to allow such connections without interruption of service.

(g) Sewers and force mains shall be laid to provide the minimum or greater horizontal separation distances from water mains equal to the horizontal separation distances for water mains to sewers and force mains established in subsection 62-555.314(1), F.A.C. Sewers and force mains shall be laid at least three feet (outside to outside) horizontally from any existing or proposed reclaimed water line permitted under Part III or Part V of Chapter 62-610, F.A.C. Provided the applicant demonstrates there is no reasonable alternative, the Department shall approve smaller horizontal separation distances for sewers if one of the following conditions is met:

1. The top of the sewer is installed at least 18 inches below the bottom of the potable water line or reclaimed water line.

2. The sewer is encased in watertight carrier pipe or concrete.

3. Both the sewer and the water main are constructed of slip-on or mechanical joint pipe complying with public water supply design standards and pressure tested to 150 psi to assure watertightness.

4. The applicant provides documentation accompanying the permit application showing that another alternative will result in an equivalent level of reliability and public health protection.

(h) Sewers and force mains shall cross under water mains, unless there is no alternative. Sewers and force mains shall be laid to provide the minimum vertical separation distances from water mains equal to the vertical separation distances for water mains to sewers and force mains established in subsection 62-555.314(2), F.A.C. Sewers and force mains crossing reclaimed water lines permitted under Part III or Part IV of Chapter 62-610, F.A.C., shall be laid to provide the minimum vertical separation distances from water mains equal to the vertical separation distances for water mains to sewers and force mains established in subsection 62-555.314(2), F.A.C. For sewer crossings, the crossing shall be arranged so that the sewer pipe joints are equidistant and as far as possible from the water main joints. Adequate structural support shall be provided for the sewer or force main to maintain line and grade. For sewers, provided the applicant demonstrates there is no reasonable alternative, the Department shall approve smaller vertical separation distances if one of the following conditions is met:

1. The sewer is encased in a watertight carrier pipe or concrete.

2. The sewer is designed and constructed equal to water pipe and pressure tested to 150 psi to assure watertightness.

3. The applicant provides documentation accompanying the permit application showing that another alternative will result in an equivalent level of reliability and public health protection.

(i) The provisions of paragraphs 62-604.400(2)(g)-(i), F.A.C., above are applicable to in-ground crossings. No vertical or horizontal separation distances are required for above-ground crossings.

(j) Special protection shall be furnished for sewer lines crossing canals or other waterways subject to maintenance dredging or where damage may occur from water craft anchorage so as to minimize the potential for unintentional discharge of wastewater into surface waters.

1. Subaqueous lines shall be buried at least three feet below the design or actual bottom, whichever is deeper, of a canal and other dredged waterway or the natural bottom of streams, rivers, estuaries, bays, and other natural water bodies. Designs with less than the three-foot minimum cover shall be protected by a concrete cap, sleeve, or some other properly engineered device to insure adequate protection of the line; subaqueous crossings shall be designed to lie on the bottom of waterways only when the engineering report provides reasonable assurance that, because of the depth of the water or other circumstances, the pipeline shall be adequately protected from damage from natural occurrences or mankind’s activities.

2. Subaqueous crossings shall be clearly marked by permanent warning signs placed on the banks of canals, streams, and rivers clearly identifying the nature and location (including depths below design or natural bottom) of the crossings. Crossings of lakes, bays and other large bodies of water shall be similarly identified at the shore and, with suitably fixed signs, in any area where anchoring may normally be expected. Signs shall have characteristics compatible with surrounding land use, while serving the intended purpose.

3. Aerial crossings, whether hung from existing structures, self-supporting, or supported by utility bridges or structures, shall be designed to maintain existing or required navigational capabilities within the waterway and to reserve the riparian rights of adjacent property owners.

4. Provisions for testing the integrity of underwater lines shall be made, and special pipe material suitable for underwater construction shall be used.

5. Lines shall be designed to incorporate valves or other flow regulating devices (which may include pump stations) on the shoreline or at such distances from the shoreline as may be approved by the Department to prevent discharge in the event the line is damaged.

(3) The manuals referenced in paragraphs 62-604.300(2)(b), (c) and (j), F.A.C., provide guidance for the design and construction of alternative collection/transmission systems in Florida. A central management entity, be it public or private, shall be responsible for operation and maintenance of the on-lot facilities associated with alternative collection/transmission systems.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.400, Amended 12-26-96, 11-6-03, 10-4-21.

Fla. Admin. Code R. 62-604.500 Operation and Maintenance

(1) Rule 62-604.500, F.A.C., is applicable to both new and existing domestic wastewater collection/transmission facilities.

(2) All collection/transmission systems shall be operated and maintained so as to provide uninterrupted service as required by this rule. All pump stations shall be operated and maintained to provide the emergency pumping capability requirements in paragraph 62-604.400(2)(a), F.A.C., the lightning and transient voltage surge protections in paragraph 62-604.400(2)(b), F.A.C., and the design and signage requirements in paragraph 62-604.400(2)(d), F.A.C.

(3) All equipment, pipes, manholes, pump stations, and other appurtenances necessary for the collection/transmission of domestic wastewater, including equipment provided pursuant to subsection 62-604.400(2), F.A.C., shall be maintained so as to function as intended. In the event odor, noise or lighting adversely affect neighboring developed areas at levels prohibited by paragraph 62-604.400(2)(c), F.A.C., corrective action (which may include modifications of the collection/transmission system) shall be taken by the permittee. Other corrective action may be required to ensure compliance with rules of the Department.

(4) Copies of record drawings and the operation and maintenance manual shall be available at a site within the boundaries of the district office or delegated local program permitting the collection/transmission system, for use by operation and maintenance personnel and for inspection by Department personnel.

(a) The operation and maintenance manual shall provide for reliable and efficient operation and maintenance of the collection/transmission system.

(b) The detail of the operation and maintenance manual shall be consistent with the complexity of the system. The technical document identified in paragraph 62-604.300(4)(i), F.A.C., provides guidance for the development of an operation and maintenance manual. The manual shall provide the operator with adequate information and description regarding the design, operation, and maintenance features of the facility involved, including an emergency response plan. The emergency response plan shall assess system security including cybersecurity; water quality monitoring for sanitary sewer overflows affecting surface waters; and, hurricane and severe storm preparedness and response.

(c) The operation and maintenance manual shall be revised periodically to reflect any alterations performed or to reflect experience resulting from operation. Also, the owner/operator of a collection/transmission system shall evaluate and update the emergency response plan portion of the operation and maintenance manual annually.

(d) A new operation and maintenance manual is not required to be developed for each project if there is already an existing manual that is applicable to the facilities being constructed.

(5) Collection/transmission systems shall be maintained to minimize excessive infiltration and inflow into the collection/transmission system, as well as excessive leakage from the collection/transmission system. The owner/operator of a collection/transmission system shall take corrective actions when infiltration, inflow, or leakage is excessive.

(a) Infiltration and inflow are considered excessive if one or both cause or contribute to sanitary sewer overflows. Inflow shall not be considered excessive if the collection/transmission system owner/operator demonstrates that the inflow is not representative of collection/transmission system performance. Examples include extreme weather, such as a hurricane, beyond the control of the owner/operator of the collection/transmission system.

(b) Leakage, or exfiltration, is considered excessive if it causes or contributes to a violation of surface water quality standards or ground water quality standards.

(6) All collection/transmission systems shall be operated and maintained to prevent sanitary sewer overflows to the extent that is technically and economically feasible. Owners/operators of collection/transmission systems that experience a sanitary sewer overflow shall evaluate the cause of the overflow and potential corrective measures to avoid future sanitary sewer overflows. Corrective actions shall be taken by the owner/operator of the collection/transmission system if excessive inflow and infiltration causes a sanitary sewer overflow. The owner/operator of a satellite collection system shall take corrective actions for a sanitary sewer overflow in the receiving collection system resulting from excessive inflow and infiltration in the satellite collection system.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.500, Amended 12-26-96, 11-6-03, 10-4-21.

Fla. Admin. Code R. 62-604.550 Abnormal Events

(1) The provisions of rule 62-604.550, F.A.C., are applicable to both new and existing domestic wastewater collection/transmission systems.

(2) The owner/operator of the collection/transmission system shall report to the Department all unauthorized releases or spills of wastewater to surface or ground waters from its collection/transmission system or any other abnormal events as described below:

(a) For unauthorized releases or spills in excess of 1,000 gallons per incident, or other abnormal events where information indicates that public health or the environment will be endangered, oral reports shall be provided to the Department by calling the State WATCH OFFICE toll free number (800)320-0519 as soon as practicable, but no later than 24 hours from the time that the owner/operator becomes aware of the discharge. The owner/operator, to the extent known, shall provide the following information to the State Watch Office:

1. Name, address, and telephone number of person reporting,

2. Name, address, and telephone number of owner/operator of the collection/transmission system or responsible person for the discharge,

3. Date and time of the discharge and status of discharge (ongoing or ceased),

4. Characteristics of the wastewater spilled or released (untreated or treated, industrial or domestic wastewater),

5. Estimated amount of the discharge,

6. Location or address of the discharge,

7. Source and cause of the discharge,

8. Whether the discharge was contained on-site, and cleanup actions taken to date,

9. Description of area affected by the discharge, including name of water body affected, if any; and,

10.Other persons or agencies contacted.

(b) Oral reports, not otherwise required to be provided pursuant to subparagraph (a) above (i.e. unauthorized releases or spills of 1,000 gallons per incident or less and where information indicates that public health or the environment will not be endangered), shall be provided to the Department within 24 hours from the time the owner/operator of the collection/transmission system becomes aware of the circumstances.

(c) The oral notification shall be followed by a written submission, which shall be provided within five days of the time that the owner/operator becomes aware of the circumstances. The written submission shall contain: a description of the spill, release or abnormal event and its cause; the period and duration of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; clean-up actions taken and status; steps taken or planned to reduce, eliminate, and prevent recurrence; the type of sanitary sewer overflow structure (e.g., manhole); the discharge location address and latitude/longitude; type of water discharged; discharge volumes and volumes recovered; volume discharged to surface waters and receiving waterbody name; types of human health and environmental impacts of the sanitary sewer overflow (e.g., beach closure); whether the noncompliance was caused by a third party (e.g., contractor); and, whether the sanitary sewer overflow was related to wet weather. The written submission may be provided electronically using the Department’s Business Portal at https://www.fldepportal.com/go/ (via “Submit” followed by “Report” or “Registration/Notification”). Notice required for public notice of pollution under paragraph (d) may be provided together with the written submission using the Business Portal. All written submissions related to sanitary sewer overflows submitted after October 4, 2021 shall be submitted electronically. The Department shall waive the written report if the oral report has been received within 24 hours from the time that the owner/operator of the collection/transmission system becomes aware of the circumstances, and the release, spill or abnormal event has been corrected and did not endanger health or the environment.

(d) In accordance with Section 403.077, F.S., unauthorized releases or spills reportable to the State Watch Office pursuant to paragraph (a) above shall also be reported to the Department within 24 hours from the time the permittee becomes aware of the discharge. The permittee shall provide to the Department information reported to the State Watch Office. Notice of unauthorized releases or spills may be provided to the Department through the Department’s Public Notice of Pollution web page at https://floridadep.gov/pollutionnotice or by reporting electronically using the Department’s Business Portal at https://www.fldepportal.com/go/ (via “Submit” followed by “Report” or “Registration/Notification”).

1. If, after providing notice pursuant to paragraph (d) above, the permittee determines that a reportable unauthorized release or spill did not occur or that an amendment to the notice is warranted, the permittee may submit a letter to the Department documenting such determination at pollution.notice@floridadep.gov.

2. If, after providing notice pursuant to paragraph (d) above, the permittee discovers that a reportable unauthorized release or spill has migrated outside the property boundaries of the installation, the permittee must provide an additional notice to the Department that the release has migrated outside the property boundaries within 24 hours after its discovery of the migration outside of the property boundaries.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.088, 403.182 FS. History– New 11-27-89, Amended 6-4-92, 5-31-93, Formerly 17-604.550, Amended 12-26-96, 11-6-03, 10-4-21.

Fla. Admin. Code R. 62-604.600 Procedure to Obtain Construction Permits

(1) Except as noted in subsection (2), below, either a general or individual construction permit is required for the construction or modification of any collection/transmission system in accordance with subsections (6) and (7), below.

(2) The following activities do not require a collection system permit.

(a) Replacement of any facilities with new facilities of the same capacity at the same location as the facilities being replaced, except for pump stations that do not meet the requirements of paragraphs 62-604.400(2)(a)-(e), F.A.C.;

(b) Construction of an individual service connection from a single family residence or construction of any single gravity or non-gravity individual service connection from a single building to a gravity collection system; however, construction of a non-gravity connection from other than a single family residence to an existing force main system requires a permit;

(c) Construction of a low pressure (grinder pump or STEP) or vacuum sewer individual service connection where the system serving the area has been previously permitted by the Department;

(d) Installation of odor control facilities;

(e) Modifications associated with routine maintenance, or

(f) Modifications associated with ancillary and electrical equipment and structures.

(3) Each non-contiguous project shall require a separate application and fee pursuant to paragraph 62-4.050(4)(t), F.A.C.

(4) Collection/transmission systems can either be constructed under the general permit procedures and criteria specified in part III, Chapter 62-4, F.A.C., and subsection 62-604.600(6), F.A.C., or by individual permit specified in subsection 62-604.600(7), F.A.C. Permittees shall comply with applicable design/performance criteria contained in this chapter as part of the permitting standards under Chapter 62-4, F.A.C.

(5) Collection/transmission system permits shall be issued for a period no longer than five years, unless specifically authorized by the Florida Statutes.

(6) General Permits.

(a) Except for alternative collection/transmission systems, a general permit is hereby granted to any person for the construction of a wastewater collection/transmission system that has been designed in accordance with the standards and criteria set forth in subsections 62-604.400(1) and (2), F.A.C., provided that:

1. Notice to the Department under subsection 62-4.530(1), F.A.C., is submitted on Form 62-604.300(3)(a), Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System, (adopted and incorporated by reference in paragraph 62-604.300(3)(a), F.A.C., effective October 4, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13559), at least 30 days prior to initiating construction; and,

2. The wastewater facility to which the system will be connected:

a. Has the capacity to receive the wastewater generated by the proposed collection system,

b. Is in compliance with the capacity analysis requirements of rule 62-600.405, F.A.C.,;

c. Is not under a Department Order associated with effluent violations or the ability to treat wastewater adequately; and,

d. Will provide the necessary treatment and disposal as required by chapter 403, F.S., and applicable Department rules.

(b) This general permit is subject to the general conditions of rule 62-4.540, F.A.C., and the following specific conditions:

1. This general permit does not relieve the permittee of the responsibility for obtaining a dredge and fill permit where it is required.

2. This general permit can not be revised, except to transfer the permit.

(7) Individual Permits.

(a) Collection/transmission systems not meeting the general permit criteria in subsection (6), above, shall submit an application for an individual permit on Form 62-604.300(3)(a), Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System, (adopted and incorporated by reference in paragraph 62-604.300(3)(a), F.A.C., October 4, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13559).

(b) A Department permit shall be obtained prior to construction.

(8) Permit revisions for collection/transmission systems permitted under this rule shall only be made in accordance with paragraph 62-4.050(4)(s), F.A.C. Request for revisions shall be made to the Department in writing and shall include the appropriate fee. Revisions not covered under paragraph 62-4.050(4)(s), F.A.C., shall require a new permit.

(9) If, after review of Form 62-604.300(3)(a), (adopted and incorporated by reference in paragraph 62-604.300(3)(a), F.A.C., effective October 4, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13559), and any supporting documentation, the Department determines that the applicant has not provided reasonable assurance that the construction, modification, expansion, or operation of the installation will be in accordance with applicable laws or rules, including rules of delegated local programs, the Department shall deny the permit or notify the applicant that the general permit cannot be used, as appropriate.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.600, Amended 11-6-03, 10-4-21.

Fla. Admin. Code R. 62-604.700 Placing Collection/Transmission Systems into Operation

(1) The following requirements apply to collection/transmission systems permitted under the general permit and to collection/ transmission systems permitted under the individual permit.

(2) Upon completion of construction of the collection/transmission system, and before placing the facilities into operation for any purpose other than testing for leaks or testing equipment operation, the permittee shall electronically submit using the Department’s Business Portal at http://www.fldepportal.com/go/, Form 62-604.300(3)(b), Notification of Completion of Construction for a Domestic Wastewater Collection/Transmission System, (adopted and incorporated by reference in paragraph 62-604.300(3)(b), F.A.C., effective October 4, 2021), http://www.flrules.org/Gateway/reference.asp?Noo=Ref-13560). If construction of the collection/transmission system was permitted by a delegated local program, the permittee shall submit Form 62-604.300(3)(b) to the delegated local program instead, and follow the requirements of the delegated local program.

(3) New or modified collection/transmission facilities can be placed into operation 3 days after Form 62-604.300(3)(b), (adopted and incorporated by reference in paragraph 62-604.300(3)(b), F.A.C., effective October 4, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13560), is submitted and received by the Department or delegated local program, provided no substantial deviations are noted on Form 62-604.300(3)(b) and the Department or delegated local program does not notify the permittee of public health or environmental concerns regarding placing the facilities into operation.

(4) When substantial deviations are noted on Form 62-604.300(3)(b), (adopted and incorporated by reference in paragraph 62-604.300(3)(b), F.A.C., effective October 4, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13560), new or modified collection/transmission facilities can be placed into operation 10 days after Form 62-604.300(3)(b) is submitted unless the Department or delegated local program notifies the permittee of public health or environmental concerns regarding placing the facilities into operation.

History

• Rulemaking Authority 403.814(1) FS. Law Implemented 403.061, 403.087, 403.088, 403.814 FS. History–New 11-27-89, Amended 6-4-92, Formerly 17-604.700, Amended 12-26-96, 11-6-03, 10-4-21.

Chapter 62-606 RELEASES FROM GAMBLING VESSELS

Fla. Admin. Code R. 62-606.100 Scope, Purpose, and Applicability

(1) The purpose of this chapter is to implement the provisions of section 376.25, F.S. This section requires certain gambling vessels to register with the Department and to report to the Department any release of waste into Florida coastal waters. This section also requires owners of berths that are registered by gambling vessels to provide certain waste services and requires the Department to maintain on its website an estimate of the minimum waste-service demand for each berth.

(2) Applicability. Requirements in this chapter:

(a) Apply to gambling vessels as defined in section 376.25(2)(e), F.S., and in subsection 62-606.200(4), F.A.C.;

(b) Apply to owners of waterfront-landing facilities that are registered by gambling vessels as a berth location;

(c) Are intended to supplement and not to conflict with federal law;

(d) Do not authorize violation of a valid NPDES permit governing releases from a gambling vessel. As used in this subparagraph, the term “NPDES permit” means an activity subject to regulation by the United States Environmental Protection Agency under s. 402 of the Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.; and,

(e) Do not apply to cruise ships as defined in 33 C.F.R. 101.105, (http://flrules.org/Gateway/reference.asp?No=Ref-20014) as of July 1, 2009, hereby adopted and incorporated by reference.

History

• Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New 4-4-10, Reviewed 9-11-26.

Fla. Admin. Code R. 62-606.200 Definitions

The meaning of any term not defined in section 376.25(2), F.S., or below, shall be taken from definitions in other rules of the Department, unless the context clearly indicates otherwise.

(1) “Agent for Service of Process” means an individual resident of the State, a domestic corporation, or a foreign corporation having a place of business in and authorized to do business in the State.

(2) “Berth” means a site in the state where a gambling vessel, or other vessel used to transport passengers to or from a gambling vessel, moors to embark or disembark its passengers.

(3) “Designated representative” means an individual that has been duly designated by the owner or operator of a gambling vessel or by the owner of a waterfront landing facility, as applicable. The designated representative shall be an individual or a position having overall responsibility for the operation of the gambling vessel or the waterfront landing facility, as applicable, such as the position of captain, officer, administrator, manager, or a position of equivalent responsibility. An individual is a duly designated representative only if the authorization is made in writing by the owner or operator of the gambling vessel or by the owner of the waterfront landing facility, as applicable, and the written authorization is submitted to the Department.

(4) “Gambling vessel” means a boat, ship, casino boat, watercraft, or barge that is kept, operated, or maintained for the purpose of gambling and that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling whether within or without the jurisdiction of this state; whether the vessel is at berth, lying to, or navigating; and whether the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising, begins and ends within this state. The term does not include a cruise ship as defined in 33 C.F.R. 101.105.

(5) “Minimum waste-service demand” means the volume of waste that is reasonably expected to be released at a waterfront-landing facility over a calendar year from gambling vessels with registered berths at the facility. For each facility that provides berths for registered gambling vessels, the Department shall estimate the facility’s minimum waste-service demand by considering the registered capacity of the gambling vessel’s systems for treating, holding, or disposing of waste; and other information provided in the registration forms submitted during registration of the gambling vessel.

(6) “Oily bilge water” means liquid from the bilge of a gambling vessel which contains used lubrication oils, oil sludge and slops, fuel and oil sludge, used oil, used fuel and fuel filters, and other oily waste. Oily bilge water does not include routine discharges of raw water used for engine cooling.

(7) “Total persons allowed” means the value reported to the United States Coast Guard in either the gambling vessel’s current Certificate of Inspection for total persons allowed or Certificate of Compliance for maximum total allowable persons, as applicable. Total persons allowed refers to the total persons allowed on the vessel at any one time.

History

• Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New 4-4-10, Reviewed 9-11-26.

Fla. Admin. Code R. 62-606.300 General Requirements

(1) The owner or operator of a gambling vessel registered under rule 62-606.400, F.A.C., shall designate and continuously maintain an agent for service of process as required by sections 376.25 and 607.0505, F.S.

(2) Hazardous waste will be managed in accordance with chapter 62-730, F.A.C.

History

• Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New 4-4-10, Reviewed 9-11-26.

Fla. Admin. Code R. 62-606.400 Registration and Verification Requirements and Fees

(1) For each calendar year in which the owner or operator of a gambling vessel intends to operate, or cause or allow to be operated, a gambling vessel in coastal waters, the owner or operator of the gambling vessel shall register with the Department, except as provided in subsection 62-606.400(2), F.A.C. The owner or operator shall register with the Department by submitting DEP Form 62-606.400(4)(a), Gambling Vessel Registration Form, effective date 4-4-10, hereby adopted and incorporated by reference, with the registration fee established in subsection 62-606.400(5), F.A.C. The form shall be submitted in accordance with the schedule provided in subsection 62-606.400(3), F.A.C.

(2) Any gambling vessel that annually verifies to the Department that the gambling vessel operates a marine waste treatment system that produces sterile, clear, and odorless reuse water without generating solid waste and that eliminates the need to pump out or dump wastes is exempt from registering in accordance with subsection 62-606.400(1), F.A.C. To verify the adequacy of the marine waste treatment system, the gambling vessel shall submit Form 62-606.400(4)(b), Verification of Marine Waste Treatment System, effective date 4-4-10, hereby adopted and incorporated by reference, to the Department. A marine waste treatment system shall be determined to meet the above criteria if it meets all primary and secondary drinking water standards in chapter 62-550, F.A.C., and the following:

(a) The marine waste treatment system does not generate any solid waste as described in chapter 62-730, F.A.C.;

(b) No waste is pumped out or dumped in Florida coastal waters or at waterfront landing facilities in Florida; and,

(c) All hazardous waste is managed in accordance with chapter 62-730, F.A.C.

(3) Gambling vessel registration shall be based on and valid for the calendar year. Forms and fees shall be submitted as follows:

(a) For gambling vessels operating in coastal waters on 4-4-10 of this rule, the initial form and fee shall be submitted within 60 days after 4-4-10 of this rule.

(b) For gambling vessels beginning operations in coastal waters after 4-4-10 of this rule, the initial form and fee shall be submitted at least 30 days prior to the vessel entering coastal waters.

(c) The annual renewal form and fee shall be submitted 30 days prior to expiration of the gambling vessel’s registration.

(4) The forms used by the Department for vessel registration or verification of the vessel’s marine waste treatment system are listed in paragraphs 62-606.400(4)(a) and (b), F.A.C. Copies of the forms and instructions may be obtained by writing to the Bureau of Water Facilities Regulation, Mail Station 3535, Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. These forms are also available at http://flrules.org/Gateway/reference.asp?No=Ref-19095 and http://flrules.org/Gateway/reference.asp?No=Ref-19096 respectively.

The Department adopts and incorporates by reference in this section the following forms:

(a) Gambling Vessel Registration Form, Form 62-606.400(4)(a), effective 4-4-10, http://flrules.org/Gateway/reference.asp?No=Ref-19095.

(b) Verification of Marine Waste Treatment System Form 62-606.400(4)(b), effective 4-4-10, http://flrules.org/Gateway/reference.asp?No=Ref-19096.

(5) An annual registration fee shall be paid by each gambling vessel required to register in accordance with subsection 62-606.400(1), F.A.C. The annual fee for each gambling vessel shall be $17.35 times the total persons allowed as defined in subsection 62-606.200(6), F.A.C. The registration fee shall be submitted with Form 62-606.400(4)(a).

(6) During the period that a registration is valid, the owner or operator of a registered gambling vessel shall advise the Department within 15 days of any change in the information provided in Form 62-606.400(4)(a), by submitting a revised form. No additional registration fee is required for revising an existing form.

History

• Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New 4-4-10, Reviewed 9-11-26.

Fla. Admin. Code R. 62-606.500 Notification of Releases into Coastal Waters

(1) Except as provided in subsection 62-606.500(2), F.A.C., if a gambling vessel releases any waste into coastal waters, the owner or operator shall immediately, but no later than 24 hours after the release, notify the Department of the release. Notification shall be provided to the Department by calling the STATE WARNING POINT TOLL FREE NUMBER (800)320-0519 and shall include the following information:

(a) Name/call sign of gambling vessel;

(b) Hull identification number;

(c) Name, address, and telephone number of person reporting;

(d) Name, address, and telephone number of owner or operator of the gambling vessel;

(e) Date of the release;

(f) Time of the release;

(g) Location of the release using a geographic coordinate system reporting latitude and longitude referenced to the World Geodetic System of 1984 (WGS 1984) datum;

(h) Volume of the release;

(i) Source and cause of the release; and,

(j) Remedial actions taken to prevent future releases.

(2) Releases made for the purpose of securing the safety of the gambling vessel or saving life at sea do not need to be reported provided all reasonable precautions have been taken for the purpose of preventing or minimizing the release.

(3) Gambling vessels required to report a release in accordance with subsection 62-606.500(1), F.A.C., shall submit a written report containing the information in paragraphs 62-606.500(1)(a) through (j), F.A.C., within three (3) days of the release. The report shall be submitted to the Bureau of Water Facilities Regulation, Mail Station 3535, Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New 4-4-10, Reviewed 9-11-26.

Fla. Admin. Code R. 62-606.600 Waterfront-landing Facilities

The owner of each waterfront-landing facility that is registered as a gambling vessel’s berth location shall:

(1) Establish procedures for the release of waste from gambling vessels at the facility and, upon request, provide the procedures to the Department;

(2) Make available a waste-management service that has the capability, at minimum, of handling and disposing of the facility’s minimum waste-service demand. Upon request, the waterfront-landing facility shall provide documentation to the Department of the level of waste-service demand available; and,

(3) Not collect fees that exceed the direct and indirect costs associated with making waste-management services available.

History

• Rulemaking Authority 376.25 FS. Law Implemented 376.25 FS. History–New 4-4-10, Reviewed 9-11-26.

Chapter 62-610 REUSE OF RECLAIMED WATER AND LAND APPLICATION

Fla. Admin. Code R. 62-610.100 Scope, Intent, Purpose, and Applicability

(1) The purpose of Chapter 62-610, F.A.C., is to provide design and operation and maintenance criteria for land application systems that may discharge reclaimed waters or domestic wastewater effluent to Class G-II ground waters and to a limited extent to Class G-I and F-I ground waters (as defined by Chapter 62-520, F.A.C.). This chapter also provides design and operation and maintenance criteria for surface water discharge projects involving reuse for ground water recharge or other beneficial purposes described in this chapter. The requirements in this rule shall apply to systems involving potential discharges to Class G-I and F-I ground waters (as defined by Chapter 62-520, F.A.C.) to the extent that these rule provisions do not conflict with requirements for G-I and F-I ground waters. Supported by moderating provisions, it is intended that Chapter 62-610, F.A.C., establish a framework whereby design flexibility and sound engineering practice can be used in developing systems with which to manage domestic wastewater in an environmentally sound manner. This chapter contains operation and maintenance requirements so as much information as possible on reuse and land application can be presented in a single chapter.

(2) Chapter 62-610, F.A.C., shall be used in conjunction with Chapter 62-600, F.A.C. Systems shall be designed in accordance with sound engineering practice. Minimum design waste treatment and disinfection standards are specified in Rules 62-600.420 and 62-600.440, F.A.C. Additional waste treatment standards, where appropriate, are addressed in this chapter.

(3) Applicability.

(a) Requirements in this chapter shall apply only to domestic wastewater treatment facilities and reuse and land application systems receiving reclaimed water or effluent from domestic wastewater treatment facilities.

(b) Unless specifically provided otherwise in this chapter, requirements in this chapter shall apply to all new reuse and land application systems which are approved by the Department on or after April 5, 1989. This chapter also shall apply to all existing facilities when such facilities are to be modified or expanded, but this chapter shall apply only to the expansion or modification thereof, or if treatment processes are altered such that the quality of reclaimed water or effluent or reliability of such processes is adversely affected. Re-rating of an existing reuse or land application system or site such that the permitted capacity of the system or site is increased shall be considered an expansion, even if there is no increase in physical size of the system or site.

(c) All reuse systems, to which construction permits were approved by the Department on or before April 5, 1989, involving irrigation of public access areas, residential properties, and edible crops (systems subject to regulation under Part III of this chapter), shall meet the waste treatment and disinfection requirements contained in subsection 62-610.460(1), F.A.C. The waste treatment and disinfection requirements contained in subsection 62-610.460(1), F.A.C., shall not apply to citrus irrigation systems if:

1. Public access shall be restricted,

2. The reclaimed water shall not directly contact the fruit,

3. The fruit that is produced shall be processed before human consumption; and,

4. Secondary treatment and basic disinfection shall be provided.

(d) Septic tank drainfield systems and other on-site sewage treatment and disposal systems with subsurface disposal are exempted from the requirements of this rule if:

1. The system serves the complete wastewater needs of an establishment with a design capacity of 10,000 gallons per day or less of domestic wastewater, or

2. The system serves the complete wastewater needs of a commercial establishment with a design capacity of 5,000 gallons per day or less of commercial wastewater.

(e) Minimum setback distances required by subsections 62-610.421(5), 62-610.471(3), 62-610.521(7) and 62-610.621(4), F.A.C., shall not apply to reuse or land application projects for which the Department received a complete construction permit application before April 15, 1990.

(f) The requirements of Parts V and VII of this chapter and Rule 62-610.525, F.A.C., shall apply to projects for which complete permit applications that request authorization for construction of domestic wastewater treatment facilities or reuse facilities were received by the Department after August 8, 1999, unless specifically stated otherwise within this chapter.

(g) Requirements for setback distances to unlined storage ponds in subsection 62-610.521(10), F.A.C., shall apply to new unlined storage ponds. These setback distances shall not apply to existing installations, as defined in Rule 62-521.200, F.A.C.

(h) Subsections and Rules 62-610.421(10), 62-610.466, 62-610.471(9), 62-610.472, 62-610.652(5), 62-610.668(2) and 62-610.865, F.A.C., shall apply to projects for which complete permit applications for domestic wastewater treatment facilities or reuse facilities were received by the Department on or after August 8, 1999. These subsections and rules also shall apply to existing projects which are being expanded or modified; however, these rule requirements shall apply only to the expanded or modified portion of the project.

(i) The annual reuse report required by subsection 62-610.870(3), F.A.C., shall apply to all (new and existing) domestic wastewater facilities having capacities of 0.1 mgd or larger that reuse all or a portion of the reclaimed water produced.

(j) The Cryptosporidium and Giardia sampling required by subsections and paragraphs 62-610.463(4), 62-610.472(3)(d), 62-610.525(13), 62-610.568(10), 62-610.568(11) and 62-610.652(6)(c), F.A.C., shall apply to all (new and existing) facilities that provide reclaimed water for the types of reuse activities regulated by the part of this chapter that contains the rule requiring this sampling. The Cryptosporidium and Giardia sampling required by paragraph 62-610.472(3)(d), F.A.C., shall apply to all (new and existing) facilities that use surface water or treated stormwater as supplemental water supplies for a reuse system regulated under Part III of this chapter.

(k) Unless specifically stated otherwise, all setback distances shall be measured horizontally.

(l) Existing facilities (those that had construction permit applications or initial permit applications which authorized construction approved by the Department on or before April 5, 1989) shall comply with the requirements of Part III of this chapter. This applies only to facilities that make reclaimed water available for one or more activities regulated by Part III of this chapter (such as irrigation of public access areas, residential properties, or edible crops; toilet flushing; fire protection; construction dust control; aesthetic purposes; or other activities listed in Rule 62-610.480, F.A.C.). These existing projects previously have been granted grandfathering protection under paragraphs 62-610.100(9)(b) and (c), F.A.C. Existing facilities are exempt from the following portions of Part III of this chapter:

1. Minimum system size in Rule 62-610.451, F.A.C.

2. The color coding requirements in paragraph 62-610.469(7)(f), F.A.C. This exemption applies to all existing reclaimed water pipes installed before January 10, 2010.

3. Setback distance requirements in Rule 62-610.471, F.A.C. This exemption applies to all existing reclaimed water pipes and existing areas receiving reclaimed water. Pipes installed and new or expanded areas constructed on or after January 1, 2010, to receive reclaimed water shall comply with the setback distance requirements.

(4) Other Reuse and Land Application Systems. The Department shall approve preapplication treatment, disinfection, reliability, storage, setback distance, monitoring, and other design and operational control measures for reuse and land application systems not addressed in Parts II, III, IV, V, VI, or VII, including systems comprising components of slow-rate, rapid-rate, or overland flow involving potential discharges to ground water or surface water, if the applicant provides reasonable assurances in the engineering report that the design and operational controls proposed by the applicant will result in compliance with ground water quality and surface water quality standards and that public health will be protected. To the extent practicable, design and operational control measures should be established based on the most similar reuse or land application type described in Parts II, III, IV, V, VI, or VII based on system design, application rates, land management practices, and potential for affecting ground water or surface water quality and uses.

(5) The Department encourages efficient and effective use of reclaimed water featuring relatively high potable quality water offset or recharge fractions such as described in Table 5 in the publication entitled, Water Reuse for Florida: Strategies for Effective Use of Reclaimed Water.

(6) EPA Method 1623.1: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, January 2012, EPA 816-R-12-001, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13382) is hereby adopted and incorporated by reference effective August 8, 2021. A copy of the publication may be obtained by contacting the Department’s Wastewater Management Program, M.S. 3545 Blair Stone Road, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.100, Amended 1-9-96, 8-8-99, 11-19-07, 8-8-21, 2-26-25.

Fla. Admin. Code R. 62-610.110 Applicabilty

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Amended 4-2-90, Formerly 17-610.110, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.200 Definitions

Terms used in this chapter shall have the meaning specified below. The meaning of any term not defined below shall be taken from definitions in other rules of the Department.

(1) “Absorption field” means a drainfield, including the application/distribution system, intended for the reuse of reclaimed water.

(2) “Aquifer” means the same as defined in Chapter 62-520, F.A.C.

(3) “Aquitard” means a geological formation or stratum, or artificial barrier, of relatively low permeability which will not transmit water fast enough to furnish an appreciable supply; confining zone.

(4) “Blend” means the combination of concentrate and reclaimed water.

(5) “Blend ratio” means the ratio of the flow of reclaimed water to the flow of concentrate in a blending operation, as described in Rule 62-610.865, F.A.C.

(6) “Carbonaceous biochemical oxygen demand (CBOD5)” means the same as defined in Rule 62-600.200, F.A.C.

(7) “Commission” means the Environmental Regulation Commission.

(8) “Demineralization concentrate” means the same as defined in Rule 62-620.200, F.A.C. Within this chapter, demineralization concentrate will also be referred to as “concentrate.”

(9) “Department” means the Department of Environmental Protection.

(10) “Developed areas” means areas in or adjacent to residential, commercial, or residentially or commercially-zoned areas.

(11) “Disinfection” means the same as defined in Rule 62-600.200, F.A.C.

(12) “Disposal” means the discharge of effluent to injection wells, effluent outfalls, subsurface drain systems, and other facilities utilized strictly for the release of effluents into the environment.

(13) “District” means a water management district created pursuant to Chapter 373, F.S.

(14) “Domestic wastewater” means the same as defined in Rule 62-620.200, F.A.C.

(15) “Dwelling unit” means a residence for the housing of a single family whether such a residence is a detached structure or a unit of a multiple family building.

(16) “Edible crops” means crops that are intended for human consumption.

(17) “Effluent,” unless specifically stated otherwise, means water that is not reused after flowing out of any plant or other works used for the purpose of treating, stabilizing, or holding wastes.

(18) “Effluent limitation” means the same as defined in Rule 62-620.200, F.A.C.

(19) “Establishment” means a housing, commercial, or institutional development, including, but not limited to, a place of business, assembly, or residence, whether multiple or single family. An establishment will include all buildings, structures, mobile homes, and appurtenant lands.

(20) “Estuary” means the same as defined in Rule 62-303.200, F.A.C.

(21) “Fecal coliforms” means members of the coliform group capable of producing gas from lactose at 44.5 degree C, as determined using approved methods.

(22) “Ground water” means the same as defined in Rule 62-520.200, F.A.C.

(23) “Holding pond” means the same as defined in Rule 62-600.200, F.A.C.

(24) “Hydrogeology” means the branch of hydrology that deals with ground water, its occurrence and movements, its replenishment and depletion, the properties of rocks that control ground water movement and storage, and the methods of investigation and use of ground water.

(25) “Indirect contact irrigation” mean irrigation methods, such as ridge and furrow irrigation, drip irrigation, and subsurface distribution systems, which minimize direct contact of reclaimed water with the edible crops.

(26) “Industrial facilities” means those facilities that produce, treat or dispose of wastewater not otherwise defined as domestic wastewater, including the runoff and leachate from areas that receive pollutants associated with industrial or commercial storage, handling or processing.

(27) “Land application” means the same as defined in Rule 62-600.200, F.A.C.

(28) “Modification” means the same as defined in Rule 62-600.200, F.A.C.

(29) “Monitoring well” means the same as defined in Rule 62-600.200, F.A.C.

(30) “Nitrate (NO3)” means the same as defined in Rule 62-600.200, F.A.C.

(31) “Nonpotable water supply well” means a well used as a source of water for irrigation, cooling, or other uses. Wells used as a source of water for drinking, culinary, or domestic purposes are excluded from the definition of nonpotable water supply wells.

(32) “Operator” means the same as defined in Rule 62-600.200, F.A.C.

(33) “Percolation” means the generally vertical movement of water through soil or other unconsolidated medium to the water table and to lower aquifers where occurring.

(34) “Percolation pond” means an artificial impoundment similar to a holding pond for which the design and operation provides for fluid losses through percolation/seepage in addition to evaporative losses.

(35) “Permittee” means the same as defined in Rule 62-600.200, F.A.C.

(36) “pH” means the the same as defined in Rule 62-600.200, F.A.C.

(37) “Pollution” means same as defined in Section 403.031(7), F.S.

(38) “Potable quality water offset” means the amount of potable quality water (Class F-I, G-I, or G-II ground water or water meeting drinking water standards) saved through the use of reclaimed water expressed as a percentage of the total reclaimed water used. The potable quality water offset is calculated by dividing the amount of potable water saved by the amount of reclaimed water used and multiplying the quotient by 100.

(39) “Potable water supply well” means a well used as a source of water for drinking, culinary, or domestic purposes.

(40) “Preapplication waste treatment” means the same as defined in Rule 62-600.200, F.A.C.

(41) “Public access area” means an area that is intended to be accessible to the general public; such as golf courses, cemeteries, parks, landscape areas, hotels, motels, and highway medians. Public access areas include private property that is not open to the public at large, but is intended for frequent use by many persons. Public access areas also include residential dwellings. Presence of authorized farm personnel or other authorized treatment plant, utilities system, or reuse system personnel does not constitute public access. Irrigation of exercise areas and other landscape areas accessible to prisoners at penal institutions shall be considered as irrigation of public access areas.

(42) “Public water supply well” means a well constructed for the purpose of supplying water to a public water system, as defined in Rule 62-550.200, F.A.C.

(43) “Recharge fraction” means the portion of reclaimed water used in a reuse system that recharges an underlying potable quality ground water (Class F-I, G-I, or G-II ground water) that is used for potable supply, or augments a Class I surface water, expressed as a percentage of the total reclaimed water used.

(44) “Reclaimed water” means the same as defined in Rule 62-600.200, F.A.C.

(45) “Reclaimed water distribution system” means a network of pipes, pumping facilities, storage facilities, and appurtenances designed to convey and distribute reclaimed water from one or more domestic wastewater treatment facilities to one or more users of reclaimed water.

(46) “Reclaimed water pipe” means a pipe used to carry reclaimed water.

(47) “Restricted access” means that access to the reuse site by the general public is controlled and that access to the reuse site by the public is infrequent. Such sites will be accessible to authorized operators and farm personnel.

(48) “Reuse” means the deliberate application of reclaimed water, in compliance with Department and District rules, for a beneficial purpose. Criteria used to classify projects as “reuse” or “effluent disposal” are contained in Rule 62-610.810, F.A.C.

(49) “Reuse authority” means a utility, municipality, cooperative, authority, or other entity which obtains reclaimed water from two or more utilities, municipalities, or other entities and develops and operates a reclaimed water distribution system for the distribution of reclaimed water to one or more users of reclaimed water.

(50) “Secondary treatment” means the same as defined in Rule 62-600.200, F.A.C.

(51) “Secretary” means the same as defined in Section 403.803(12), F.S.

(52) “Septic tank” means a watertight receptacle constructed to promote separation of solid and liquid components of wastewater, to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and disposal in a soil absorption system.

(53) “Sodium adsorption ratio (SAR)” means the concentration of sodium (Na) divided by the square root of the quantity equal to one half of the sum of the concentrations of calcium (Ca) and magnesium (Mg), where all concentrations are expressed in milliequivalents per liter.

(54) “Stream dilution ratio” means the flow rate in the receiving surface water at a point immediately upstream of the discharge divided by the flow rate of the discharge from a limited wet weather discharge.

(55) “Subsurface application system” means a network of small diameter, porous or perforated pipes installed horizontally at depths generally less than 12 inches for the purpose of releasing reclaimed water at or near the root zone of the vegetated cover. The release of reclaimed water shall be below the ground surface. This type of application system shall be permitted under Part II, III, or IV of this chapter, depending on the loading rates used, degree of public access, characteristics of the site, system design, and mode of operation.

(56) “Subsurface drain” means an underground conduit system (which may include one or more vertical water wells) made of various construction materials (e.g., tile) installed to collect unconfined ground water and applied reclaimed water or effluents, and provide conveyance to the treatment plant or discharge point; underdrain.

(57) “Surface water” means surface water as defined in Section 373.019(21), F.S.

(58) “Technology-based effluent limitation (TBEL)” means the same as defined in Rule 62-600.200, F.A.C.

(59) “Total Kjeldahl Nitrogen (TKN)” means the same as defined in Rule 62-600.200, F.A.C.

(60) “Total suspended solids (TSS)” means the same as defined in Rule 62-600.200, F.A.C.

(61) “Treatment” means the same as defined in Rule 62-600.200, F.A.C.

(62) “Treatment plant” means the same as domestic wastewater treatment plant as defined in Section 403.866(2), F.S.

(63) “Turbidity” means a condition in water or wastewater caused by the presence of suspended matter, resulting in the scattering and absorption of light rays, as determined using approved methods.

(64) “Type I facility” means the same as defined in Rule 62-600.200, F.A.C.

(65) “Type II facility” means the same as defined in Rule 62-600.200, F.A.C.

(66) “Type III facility” means the same as defined in Rule 62-600.200, F.A.C.

(67) “Underground injection” means the same as defined in Rule 62-600.200, F.A.C.

(68) “Unrestricted access” means that access to the reuse site by the general public is uncontrolled or that the site is frequently used by humans. An area having unrestricted access is a “public access area” as defined in subsection 62-610.200(42), F.A.C.

(69) “Underground source of drinking water (USDW)” means the same as defined in Rule 62-528.200, F.A.C.

(70) “User of reclaimed water” means an individual, corporation, entity, business, or other establishment that receives reclaimed water from a reclaimed water distribution system.

(71) “Wastes” means the same as defined in Section 403.031(12), F.S.

(72) “Wastewater” means same as defined in Rule 62-600.200, F.A.C.

(73) “Wastewater facilities” means the same as defined in Rule 62-620.200, F.A.C.

(74) “Waters” means the same as defined in Section 403.031(13), F.S.

(75) “Water quality-based effluent limitation (WQBEL)” means the same as defined in Rule 62-600.200, F.A.C.

(76) “Water quality standards” means the same as defined in Rule 62-600.200, F.A.C.

(77) “Water table” means the the same as defined in Rule 62-600.200, F.A.C.

(78) “Wellhead protection area” means the same as defined in Rule 62-521.200, F.A.C.

(79) “Zone of Discharge” means the same as defined in Rule 62-520.200, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.200, Amended 1-9-96, 8-8-99, 11-19-07, 8-8-21, 2-26-25.

Fla. Admin. Code R. 62-610.300 General Technical Guidance, Related Rules, and Forms

(1) The technical standards and criteria contained in the following standard manuals and technical publications listed below are hereby incorporated by reference and shall be applied, if applicable, in determining whether permits allowing construction, modification or implementation of reuse and land application projects shall be issued or denied. A copy of each publication may be obtained by contacting the Department’s Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) U.S. Environmental Protection Agency, 1974. Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability-MCD-05. Environmental Quality Instructional Resources Center, The Ohio State University, 200 Chambers Road, Room 310, Columbus, Ohio 43212, incorporated by reference herein http://www.flrules.org/Gateway/reference.asp?No=Ref-13362.

(b) U.S. Environmental Protection Agency, 1977. Procedures Manual for Groundwater Monitoring at Solid Waste Disposal Facilities. National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, incorporated by reference herein http://www.flrules.org/Gateway/reference.asp?No=Ref-13363.

(c) U.S. Department of Agriculture, Soil Conservation Service, 1973. Drainage of Agricultural Land. Water Information Center, Inc., 125 East Bethpage Road, Plainview, New York 11803, incorporated by reference herein http://www.flrules.org/Gateway/reference.asp?No=Ref-13364.

(d) Florida Department of Transportation, 1985. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001-A. Florida Department of Transportation, Maps and Publications Sales, Mail Station 12, 605 Suwannee Street, Tallahassee, Florida 32399-0450, incorporated by reference herein http://www.flrules.org/Gateway/reference.asp?No=Ref-13365.

(e) Florida Department of Environmental Regulation, 1991. Guidelines for Preparation of Reuse Feasibility Studies for Applicants Having Responsibility for Wastewater Management. Information Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, incorporated by reference herein http://www.flrules.org/Gateway/reference.asp?No=Ref-13366.

(2) Related rules. The following Department rules may be applicable to reuse and land application projects, depending on the nature and scope of the project. This listing is provided solely for the purpose of noting other Department rules which the applicant may need to consult and comply with during the planning, design, construction, and operation of reuse or land application projects. This listing is not intended to be a comprehensive listing of every rule which may be applicable.

(a) Antidegradation policy requirements are contained in Rules 62-4.242 and 62-302.300, F.A.C.

(b) Cross-connection control program requirements are contained in Chapter 62-555, F.A.C.

(c) Disinfection criteria are contained in Rule 62-600.440, F.A.C., which lists the design and performance standards for high-level, intermediate, basic, and low-level disinfection.

(d) Domestic wastewater facility requirements are contained in Chapter 62-600, F.A.C., contains design, operation, and compliance requirements for all domestic wastewater facilities. Treatment levels, disinfection requirements, and pH requirements also are contained.

(e) Drinking water standards are contained in Chapter 62-550, F.A.C.

(f) Fees related to permitting are listed in Chapter 62-4, F.A.C.

(g) Ground water quality standards are contained in Chapter 62-520, F.A.C.

(h) Industrial pretreatment requirements (within Department rules these are referred to as “pretreatment requirements”) are contained in Chapter 62-625, F.A.C.

(i) Monitoring requirements are contained in Chapter 62-6007, F.A.C. Requirements for ground water monitoring plans are contained in Chapter 62-520, F.A.C.

(j) Operator certification requirements are contained in Chapter 62-602, F.A.C.

(k) Operator staffing requirements are contained in Chapter 62-699, F.A.C.

(l) Permitting requirements are contained in Chapter 62-620, F.A.C.

(m) pH requirements are contained in Rule 62-600.445, F.A.C.

(n) Pretreatment requirements (sometimes referred to as “industrial pretreatment requirements”) are contained in Chapter 62-625, F.A.C.

(o) Biosolids (formerly referred to as “residuals” or “sludge”) management requirements are contained in Chapter 62-640, F.A.C.

(p) Secondary treatment is defined in Rule 62-600.420, F.A.C.

(q) Surface water discharge requirements are contained in Chapter 62-650, F.A.C.

(r) Surface water quality standards are contained in Chapter 62-302, F.A.C.

(s) Underground injection control requirements are contained in Chapter 62-528, F.A.C. Additional information related to domestic wastewater facilities is contained in Chapter 62-600, F.A.C.

(t) Wellhead protection requirements are contained in Chapter 62-521, F.A.C.

(u) Wetlands discharge requirements are contained in Chapter 62-611, F.A.C.

(3) Forms.

(a) The forms and instructions used by the Department are listed in this rule. The rule numbers are the same as the form numbers. Copies of these forms and instructions may be obtained by writing to the Wastewater Management Program, Mail Station 3545, Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The Department adopts and incorporates by reference in this section the following forms:

1. Notice of Intent to Use General Permit for Addition of a Major User of Reclaimed Water, Form 62-610.300(3)(a)1., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13371, is hereby adopted and incorporated by reference.

2. Annual Reuse Report, Form 62-610.300(3)(a)2., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13380, is hereby adopted and incorporated by reference.

3. Application for Permission to Place a Public Access Reuse System in Operation, Form 62-610.300(3)(a)3., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13370, is hereby adopted and incorporated by reference.

4. Pathogen Monitoring, Form 62-610.300(3)(a)4., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373, is hereby adopted and incorporated by reference.

(b) Additional forms used for domestic wastewater and reuse facilities are included in Chapter 62-620, F.A.C.

(c) Subsection 62-600.660(2), F.A.C., requires domestic wastewater treatment facilities with a permitted capacity of 100,000 gpd or greater that discharge to ground waters via reuse and land application systems to annually monitor reclaimed water or effluent for the primary and secondary drinking water standards contained in Chapter 62-550, F.A.C. Except for asbestos, total coliforms, color, odor and residual disinfectants, all parameters listed as primary and secondary drinking water standards in Chapter 62-550, F.A.C., shall be monitored and reported on the Discharge Monitoring Report (DMR), DEP Form 62-620.910(10), (adopted and incorporated by reference in subsection 62-620.910(10), F.A.C., effective November 29, 1994). The DMR form shall be electronically submitted to the Department by June 28 using the DEP Business Portal at http://www.fldepportal.com/go/. Approved analytical methods identified in paragraph 62-620.100(3)(j), F.A.C., shall be used for analysis. If no method is included for a parameter, methods specified in Chapter 62-550, F.A.C., shall be used.

History

• Rulemaking Authority 403.051, 403.061, 403.064 FS. Law Implemented 403.051, 403.061(7), (13), 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.300, Amended 1-9-96, 8-8-99, 3-9-06, 11-19-07, 8-8-21.

Fla. Admin. Code R. 62-610.310 Engineering Report

(1) In accordance with the requirements and provisions of Chapters 62-600 and 62-620, F.A.C., an engineering report shall be submitted in support of permit applications for new or expanded reuse or land application projects. The engineering report will serve as the preliminary design report for reuse and land application projects. The requirement for an engineering report for modifications of existing systems and for those existing facilities which have had past violations of permit conditions or water quality standards shall be a case-by-case determination by the Department based on the frequency and severity of past violations, the potential for adverse effects on reclaimed water quality and on surface and ground water quality, and the scope of proposed modifications.

(2) Abbreviated Report.

(a) The Department shall accept an abbreviated engineering report if any of the following conditions exist:

1. The project involves only expansion of existing sites.

2. The treatment facilities and the reuse or disposal facilities are all Type III facilities.

3. The reuse system involves only slow-rate land application systems in public access areas.

4. The project involves slow-rate land application and meets both of the following conditions:

a. The average annual hydraulic loading rate shall not exceed 0.5 inches per week; and,

b. No percolation to ground water is used in the water balance calculations included in the abbreviated engineering report.

(b) Information contained in the application together with the best available information referenced in paragraphs and subparagraphs 62-610.310(3)(a), 62-610.310(3)(b)3., 62-610.310(3)(c)6., 62-610.310(3)(d), 62-610.310(3)(e), 62-610.310(3)(f), and 62-610.310(3)(g), F.A.C., shall suffice for the abbreviated engineering report. For rapid-rate projects, the engineering report or abbreviated engineering report shall include the ground water mounding analysis required by subparagraph 62-610.310(3)(c)8., F.A.C.

(3) The engineering report shall include the following:

(a) Land Use Requirements.

1. The exact boundaries of the reuse or land application project, with setback distances shown, shall be located on the most recent USGS topographic maps (7.5 minutes series, where available). These maps, or similar scale maps, shall show present land uses and anticipated land uses for the next 10 years within one mile of the site boundaries, based on approved Local Government Comprehensive Land Use Plans where available. The Florida Land Use Cover and Forms Classification System (paragraph 62-610.300(1)(d), F.A.C.), shall be utilized in designating the character of the surrounding area.

2. All potable and nonpotable water supply wells and monitoring wells within a 0.5 mile radius of the land application site shall be located on the maps and identified as to use (e.g., potable) and ownership (e.g., private).

3. If expansion of the proposed facility is anticipated, the area likely to be used in the expansion shall be shown on the maps. The information required by subparagraphs 62-610.310(3)(a)1. and 62-610.310(3)(a)2., F.A.C., shall be provided for the proposed expansions.

4. Surface waters classified pursuant to Chapter 62-302, F.A.C., within one mile of the project area, shall be located on the maps and shall be described, with respect to their classification, uses, and approximate distance from the site.

(b) Soils Information.

1. A soils map of the reuse or land application site shall be provided. The soils shall be named and described in accordance with the standard criteria (e.g. soil surveys) of the Soil Conservation Service (SCS) unless advised by the soil scientist of the SCS that soils present are not appropriate for such characterization.

2. Physical characteristics of each significant soil, subsoil, or substratum layer to a depth of 10 feet below the average water table, or to a 20-foot depth (as measured below the lowest point on the site) if no water table is encountered, shall be provided. Representative soil profiles of the site shall be provided and characteristics such as texture, hydraulic conductivity, available water capacity, organic matter content, pH, sodium adsorption ratio, and cation exchange capacity should also be investigated; appropriate chemical characteristics shall be determined for soil profile horizons active in the chemical and biological renovation of reclaimed water or effluent. Specific sites used for determining hydraulic conductivity shall be shown on the soils map, and data shall be submitted to substantiate that the proposed site is hydrologically capable of accommodating the design loading and application rate.

3. For projects described in subsection 62-610.310(2), F.A.C., the Department shall accept an abbreviated report from the permittee addressing the soil characteristics at the proposed site, based upon the best available information in lieu of the more detailed soils information requirements described in paragraph 62-610.310(3)(b), F.A.C.

(c) Hydrogeologic Survey.

1. Hydrogeologic data necessary to evaluate the capability of the proposed project to perform successfully at the site on a long-term basis shall be provided. A proposed ground water monitoring plan, if applicable, meeting the requirements of Chapters 62-520 and 62-600, F.A.C., shall be provided. This information shall include, but not be limited to, geophysical information concerning known “solution openings” and sinkhole features within one mile of the site; the identification (with applicable geologic sections), extent or continuity, and hydrologic characterization of aquifers and confining zones underlying the site (i.e., horizontal and vertical hydraulic conductivities, porosity, thickness); head relationships between aquifer systems; and information on the annual range of ground water elevations at the proposed site.

2. The direction and rate of existing ground water movement (and the points of discharge) shall be shown on maps of the area. Similar information regarding conditions anticipated as a result of the project shall be provided.

3. Information on potable and nonpotable water supply wells (and monitoring wells, as appropriate) identified in subparagraph 62-610.310(3)(a)2., F.A.C., including the depth, length of casing, cone of depression and geophysical surveys of the wells (if available) shall be provided.

4. The proposed ground water monitoring system shall also be described and displayed. Background water quality data shall be provided.

5. Flood prone areas on the proposed site and within 0.5 mile of the site shall be located on a map. Discussion of flooding frequencies and magnitude shall be included.

6. For projects described in subsection 62-610.310(2), F.A.C., the Department shall accept an abbreviated report from the permittee covering the hydrogeologic characteristics at the proposed site, based upon the best available information, in lieu of the more detailed hydrogeologic information requirements described in paragraph 62-610.310(3)(c), F.A.C.

7. For overland flow projects involving alternative secondary preapplication treatment levels, determinations of the required number of core samples, representative hydraulic conductivity values, and aquitard extent or continuity shall be included in the engineering report.

8. For rapid-rate and absorption field projects, a ground water mounding analysis based on site-specific information shall be included. This analysis shall demonstrate acceptable long-term hydraulic performance of the system.

9. For aquifer storage and recovery projects, not associated with a potable reuse system, regulated under Rule 62-610.466, F.A.C., and ground water recharge projects involving injection to G-II ground water, the engineering report shall characterize the total dissolved solids (TDS) concentration in the receiving ground water. See subsection 62-610.800(11), F.A.C. For aquifer storage and recovery projects, this shall include characterization of TDS concentrations within the proposed extended zone of discharge, as described in subsection 62-610.466(16), F.A.C. For injection projects having a zone of discharge, as described in subsection 62-610.560(3) and Rule 62-610.562, F.A.C., the engineering report shall include characterization of TDS concentrations at the point of injection and within the zone of discharge. The methods used to make the TDS characterization shall be described. For direct ground water recharge projects under Rule 62-610.560, F.A.C., injection fluids shall not exceed the TDS concentration reported in the engineering report for the receiving ground waters. For ASR projects with a ZOD, the injection fluids shall not exceed the TDS concentration reported in the engineering report for the receiving ground waters at the edge of the ZOD.

(d) Land Management System.

1. The present and intended soil-vegetation management program shall be discussed and the vegetative covers identified. Reclaimed water or effluents to be applied shall be characterized in terms of their physical, chemical, and biological properties. Data and other documentation to verify the uptake of nutrients (such as nitrogen and phosphorus), moisture and salt tolerances, pollutant toxicity levels, yield of crops and similar information shall be provided. For projects permitted under Parts II, III, IV, V, and VI of this chapter detailed water and nutrient budgets (balances) for the projects shall be included in the engineering report.

2. The harvesting frequencies and the ultimate use of the crops shall be indicated. Lengths of operating seasons, application periods and rates, and resting or drying periods shall also be described.

3. The best available information (and technical assistance) from organizations or individuals qualified in agricultural/agronomic aspects of reuse and land application shall be used in the preparation of the above report information.

4. Plans for storage, reuse, or disposal of reclaimed water or effluents during crop removal, wet weather, control of pests, equipment failures, or other problems precluding land application shall be described.

5. For overland flow projects involving alternative secondary preapplication treatment levels, operational control aspects of the land management system discussed in Part VI of this chapter also shall be documented.

(e) Project Evaluation.

1. An evaluation of the overall long-term effect of the proposed project on environmental resources in the area shall be provided. The evaluation shall include aspects such as changes in water table elevations due to natural fluctuations and the reuse or land application project (including ground water mounding that may occur under the site), prediction of the rate and direction of movement of applied reclaimed water or effluent, changes in water quality in the area associated with the project, and similar information. A project evaluation shall demonstrate that discharges comply with subsection 62-610.850(2), F.A.C.

2. For projects that will have a limited wet weather discharge, the data required by Rule 62-610.860, F.A.C., shall be included.

3. Justification and documentation for using setback distances, selection of hydraulic loading rates, loading and resting cycles, determining that the reclaimed water or effluents will not violate the standards set by Chapters 62-600 and 62-610, F.A.C., and use of any design criteria for which flexibility is provided in this rule also shall be provided.

4. For projects regulated by Parts III or V of this chapter or by Rule 62-610.525, F.A.C., an evaluation of the pretreatment program required by Rule 62-610.330, F.A.C., shall be provided.

5. An evaluation of the proposed project with respect to public health, safety, and welfare shall be provided.

6. Forecasts of flows and reclaimed water characteristics for the current and design year, including:

a. Physical, chemical, and biological characteristics and concentrations.

b. Reclaimed water flow patterns – monthly average, daily average, daily maximum, and seasonal peak one-hour flow during current and design years.

7. Site plan showing operations and unit processes.

8. Technical information and design criteria for reuse/land application system:

a. Hydraulic, organic, and nutrient loadings – minimum, average, and maximum quantities.

b. Flow metering (at the wastewater treatment facility).

c. Monitoring points.

d. Concentrations of reclaimed water or effluent percolated to ground water or being discharged to surface waters, with supporting data including design calculations.

9. Operation and control strategies.

10. For projects regulated by Part III of this chapter a description of public notification activities required by subsections 62-610.468(2) and (6), F.A.C., shall be provided.

(f) The requirements of each section within the appropriate part of this chapter shall be addressed in the engineering report or abbreviated engineering report. (For example, a project to be permitted as a rapid-rate land application system shall have the requirements of all sections in Part IV of this chapter addressed in the engineering report.)

(g) Applicable portions of the engineering report or abbreviated engineering report shall be signed and sealed by a professional engineer or professional geologist registered in Florida as required by Chapter 471 or 492, F.S.

(h) Engineering report requirements specific to projects permitted under Parts V and VII of this chapter are contained in subsections 62-610.310(4) and (5), F.A.C., respectively.

(i) Engineering report requirements specific to aquifer storage and recovery projects are contained in Rule 62-610.466, F.A.C. Requirements for notification of public water supply authorities are described in subsection 62-610.466(16), F.A.C.

(j) Engineering report requirements specific to blending of concentrate with reclaimed water are contained in Rule 62-610.865, F.A.C.

(k) Engineering report requirements for potable reuse projects are contained in Rule 62-565.570, F.A.C.

(4) The engineering report for projects involving ground water recharge shall address the following:

(a) The full engineering report requirements of Rule 62-610.310, F.A.C., shall apply.

(b) In addition, the engineering report shall address the following:

1. The nature of the use of reclaimed water shall be described.

2. For surface water discharges, all potable water intakes shall be identified and located. The withdrawal rates shall be noted. Time of travel from the discharge to the arrival at the potable water intakes shall be presented.

3. For direct or indirect ground water discharges, the time of travel to the nearest public water supply well (based on shortest travel time) shall be presented.

4. The minimum treatment and disinfection requirements imposed by Part V of this chapter for the proposed uses shall be presented.

5. A ground water mounding analysis for discharges to ground water shall be presented.

6. Assessment of effects on ground water levels, surface water levels, ground water quality, surface water quality, and uses of property in the area shall be presented.

7. Documentation of written notice to public water supply utilities and the appropriate county health department, if required by subsection 62-610.574(4), F.A.C.

8. Documentation of public education and public participation activities, as required by subsection 62-610.574(3), F.A.C.

(5) The engineering report for projects involving industrial uses of reclaimed water permitted under Part VII of this chapter shall address the following:

(a) Industries which use reclaimed water shall be identified and located on a map.

(b) The nature of the use of reclaimed water shall be described.

(c) The minimum treatment and disinfection requirements imposed by Part VII of this chapter for the industrial uses shall be presented.

(d) Any additional treatment and disinfection requirements beyond the minimum requirements imposed by Part VII which have been agreed to by the domestic wastewater permittee and the industry shall be described.

(e) The location of treatment and disinfection facilities shall be described and shown on a map.

(f) The disposition of any industrial wastewaters originating from the use of reclaimed water shall be described in detail. This shall include discussion of the applicability of the Department’s industrial wastewater rules.

(g) Each requirement in each section of Part VII in this chapter shall be discussed.

(h) Unless noted otherwise in this rule, the full requirements of Rule 62-610.310, F.A.C., shall not be applied. The best available information shall be presented to meet the requirements of paragraphs 62-610.310(3)(a), 62-610.310(3)(e) and 62-610.310(3)(g), F.A.C.

(i) If the uses of reclaimed water will involve irrigation on the industrial site or if a ground water discharge will result, the best available information shall be presented to meet the requirements of paragraphs 62-610.310(3)(b), 62-610.310(3)(c) and 62-610.310(3)(d), F.A.C.

(j) If the industrial uses will be accomplished as part of a reclaimed water system permitted under Part III of this chapter an abbreviated engineering report meeting the requirements of Rule 62-610.310, F.A.C., shall be prepared for the overall Part III project.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.0877, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.310, Amended 1-9-96, 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.320 Operation and Maintenance Requirements and Operating Protocols

(1) Land application systems shall be operated and maintained to achieve applicable waste treatment requirements, before final release of reclaimed water or effluent to the environment, as required in this chapter.

(a) Where all land used as part of the treatment/reuse/disposal system is under the direct control of the permittee for the useful life of the facilities, an operator shall perform the duties for which he is certified under Chapter 62-602, F.A.C. The permittee shall maintain control over, and be responsible for, all activities inherent to all reuse and land application systems (e.g., crop removal) to ensure that the entire reuse or waste treatment system operates as approved by the Department.

(b) Where the wastewater treatment plant permittee reuses reclaimed water or disposes of effluent using property owned by another party, a binding agreement between the involved parties is required to ensure that construction, operation, maintenance, and monitoring meet the requirements of Chapters 62-600, 62-620 and 62-610, F.A.C. Such binding agreements are required for all reuse or disposal sites not owned by the permittee. The permittee shall retain primary responsibility for ensuring compliance with all requirements of the Florida Administrative Code.

(2) Reuse and land application systems designed to use crops for the uptake of nutrients from applied reclaimed waters or effluents shall provide for removal of the crop at appropriate intervals, as described in the engineering report and as approved by the Department.

(3) Ground water sampling parameters, schedules, and reporting requirements (where necessary) shall be established pursuant to the provisions of Chapter 62-600, F.A.C. For each report on ground water quality the permittee shall verify to the Department (based on ground water elevations) the direction(s) of ground water movement from the land application site. In accordance with Rule 62-520.600, F.A.C., other information requirements shall be imposed on any facility whenever there is a change in the permitted volume, location, or composition of the discharge.

(4) The permittee of any reuse or land application system shall be responsible for making facilities safe in terms of public health and safety at all times, including periods of inactivation or abandonment. The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a reuse or land application system and shall specify what steps will be taken to safeguard public health and safety.

(5) Operation and Maintenance Manual.

(a) An operation and maintenance manual or an addition to the treatment plant operation and maintenance manual or stand-alone instructional booklet, as appropriate, shall be published for all reuse or land application systems, in accordance with Rules 62-600.720 and 62-620.630, F.A.C.

(b) In addition to the requirements specified in Chapters 62-600 and 62-620, F.A.C., the reuse/land application system operation and maintenance instructions shall provide the operator with an adequate description and schedule of routine reclaimed water or effluent application rates and cycles involved with the system; operation procedures (including any notification and reporting requirements of appropriate agencies) during adverse climatic conditions and maintenance of equipment; schedules for harvesting and crop removal; routine maintenance required for the continued design performance of the system; ground water monitoring procedures and schedules; listings of spare parts to have on hand; and any other information essential to the operation of the system in accordance with the requirements of this chapter.

(6) Operating Protocols.

(a) An operating protocol is a document which describes how a domestic wastewater facility is to be operated to ensure that only reclaimed water that meets applicable standards is released to a reuse system. It is a detailed set of instructions for the operators of the facilities. It may be part of the operation and maintenance manual or it may be a separate document.

(b) Operating protocols are required for the following types of projects:

1. Projects regulated under Part III of this chapter. See Rule 62-610.463, F.A.C.

2. Projects involving blending of concentrate with reclaimed water. See Rule 62-610.865, F.A.C. For blending projects regulated under Part III of this chapter, two operating protocols are required (one governing compliance with high-level disinfection requirements and a second governing the blending operation). In cases where two operating protocols are required, at the permittee’s discretion, the two operating protocols may be combined into a single document.

3. Projects regulated under Part V of this chapter. See Rule 62-610.568, F.A.C.

(c) The operating protocol shall be approved by the Department before the initial part, portion, or phase of the reuse system is placed into operation. The Department shall approve operating protocols which meet the requirements of paragraph 62-610.320(6)(d), F.A.C., and provide reasonable assurance that the high-level disinfection requirements will be met.

(d) The operating protocol shall address the following:

1. The criteria used to make continuous determinations of the acceptability of the reclaimed water being produced. This shall include the setpoints for parameters measured by continuous on-line monitoring equipment.

2. The physical steps and procedures to be followed by the operator when substandard water is being produced.

3. The physical steps and procedures to be followed by the operator when the treatment facility returns to normal operation and acceptable quality reclaimed water is again being produced.

4. Procedures to be followed during a period when an operator is not present at the treatment facility.

5. The physical steps and procedures to be followed by the operator when the operator returns to the treatment facility following an unattended period.

(e) The permittee shall periodically review and revise the operating protocol, as appropriate, to ensure satisfactory system performance. The operating protocol shall be submitted for Department review with each permit application. The submittal shall include the following:

1. Current procedures and criteria addressing the requirements of paragraph 62-610.320(6)(d), F.A.C.

2. Evaluation of the effectiveness of the procedures and criteria in ensuring that applicable rule requirements are met. This shall include an evaluation of any violations of permit requirements during the previous permit. This also shall include analysis and correlations of parameters monitored continuously against the parameters regulated by the permit (for example, turbidity versus total suspended solids).

(f) Any revision to the operating protocol shall be reviewed and approved by the Department. Approval by the Department shall be a prerequisite for permit renewals.

(g) Subsections 62-610.463(2) and 62-610.568(3), F.A.C., require continuous monitoring of turbidity for use in operating protocols as a means of controlling operation of treatment facilities to ensure that only acceptable quality reclaimed water is released to the reuse system or to system storage. In these cases, the Department shall allow use of other types of continuous monitoring equipment, if all of the following conditions are met:

1. The applicant provides an affirmative demonstration that the proposed monitoring equipment will provide a means for controlling the filtration process that is at least as reliable and accurate as a turbidity meter.

2. The proposed monitoring equipment will generate a continuous reading.

3. The proposed monitoring equipment will be equipped with an automated data logging or recording device.

4. The proposed monitoring equipment shall be calibrated according to the requirements of Chapters 62-160 and 62-600, F.A.C.

5. The proposed monitoring equipment shall be maintained according to the manufacturer’s operation and maintenance instructions.

6. The use of the proposed monitoring equipment and setpoints associated with use of the proposed monitoring equipment shall be fully incorporated into the operating protocol.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061(7), 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.320, Amended 1-9-96, 8-8-99, 3-9-06, 4-1-21.

Fla. Admin. Code R. 62-610.330 Pretreatment Programs

(1) A pretreatment program shall be developed and implemented, in accordance with Chapter 62-625, F.A.C., for reuse projects regulated under Part III or V of this chapter or under Rule 62-610.525, F.A.C., if the wastewater facility receives discharges from significant industrial users, as defined in Rule 62-625.200, F.A.C. Pretreatment program requirements apply only to public utilities, as defined in Rule 62-625.200, F.A.C.

(2) For potable reuse systems regulated under Chapter 62-565, F.A.C., a pretreatment program shall be developed, approved, and implemented in accordance with Rule 62-565.505, F.A.C.

(3) A pretreatment program shall not be required for Part III or V reuse projects, if the applicant indicates on Application Form 2A, Permit for Domestic Wastewater Treatment and Reuse or Disposal Facility (adopted and incorporated by reference in Rule 62-620.910(2), effective June 1, 2001, http://www.flrules.org/Gateway/reference.asp?No=Ref-13383), that the wastewater facility has no significant industrial users, as defined in Rule 62-625.200, F.A.C., and that no significant industrial users are anticipated during the next five-year permit period. To continue the pretreatment program exemption, subsequent permit renewal applications must demonstrate that the wastewater facility continues to have no significant industrial users and none are anticipated during the next five-year permit period.

(4) Within 60 days of learning of the intent of a significant industrial user, as defined in Rule 62-625.200, F.A.C., to discharge to a wastewater facility permitted under Part III or V of this chapter, the permittee shall provide written notification of the proposed discharge to the Department. Upon concurrence by the Department that the proposed discharger meets the definition of significant industrial user, the Department shall include conditions for development and implementation of a pretreatment program in the permit in accordance with Rule 62-625.500, F.A.C. The permit revision shall be deemed a minor revision subject to the procedure in Rule 62-620.330, F.A.C.

PART II SLOW-RATE LAND APPLICATION SYSTEMS; RESTRICTED PUBLIC ACCESS

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.330, Amended 1-9-96, 8-8-99, 8-8-21, 2-26-25.

Fla. Admin. Code R. 62-610.400 Description of System

(1) Slow-rate land application systems involve the application of reclaimed water to a vegetated land surface with the applied reclaimed water being treated as it flows through the plant-soil matrix. A portion of the flow percolates to the ground water and some is used by the vegetation. Offsite surface runoff of the applied reclaimed water is generally avoided. Surface application techniques include ridge-and-furrow and border strip flooding. Spray irrigation systems can use fixed risers or moving systems, such as center pivots. These systems generally involve the reuse of reclaimed water that has received secondary treatment and basic disinfection.

(2) Public access shall be restricted, except as allowed by subsection 62-610.418(2), F.A.C.

(3) Subsurface application systems may be used. Systems shall be designed and operated to preclude saturated conditions at the ground surface.

(4) Reclaimed water may be applied to pastures and areas used to grow feed, fodder, fiber, or seed crops. Trees, including managed hardwood or softwood plantations, may be irrigated.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.400, Amended 1-9-96.

Fla. Admin. Code R. 62-610.410 Waste Treatment and Disinfection

(1) For all slow-rate systems involving irrigation of sod farms, forests, fodder crops, pasture land, or similar areas where it is intended that public access shall be restricted, preapplication waste treatment shall result in reclaimed water meeting, at a minimum, secondary treatment and basic disinfection levels before the land application.

(2) Systems using subsurface application systems shall be subject to the following additional limitation on TSS.

The reclaimed water shall contain not more than 10 mg/L of TSS at all times, unless the application system has been designed to provide specific flexibility and reliability in operation and maintenance of the system. The Department shall approve alternatives to the specified TSS limitation if the applicant provides reasonable assurances in the engineering report that the alternative control measures will ensure non-clogging of the system.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.410, Amended 1-9-96.

Fla. Admin. Code R. 62-610.412 Monitoring of Reclaimed Water and Ground Water

(1) Waste treatment limitations shall be met after disinfection and before discharge to system storage ponds or to reuse systems.

(2) Ground water monitoring.

(a) A ground water monitoring program shall be established by the permittee and approved by the Department, pursuant to Chapter 62-600, and Rule 62-520.600, F.A.C. (unless otherwise exempted).

(b) The manual referenced in paragraph 62-610.300(1)(b), F.A.C., contains general technical guidance regarding the design and construction of monitoring wells and ground water sampling procedures. Ground water test wells resulting from hydrogeologic exploratory programs, background water quality determinations or other requirements shall be approved by the Department for use as part of the compliance monitoring well system if the permittee provides reasonable assurances in the engineering report and ground water monitoring plan that the well meets the requirements of Rule 62-520.600, F.A.C., and that the well construction is such that migration of fluids from the surface to subsurface formations or between subsurface formations will not occur.

(c) Ground water sampling parameters for monitoring background and receiving water quality will be established by the Department based upon the quality of reclaimed water to be discharged, site specific soil and hydrogeologic characteristics, and other considerations, in accordance with Chapter 62-600, and Rule 62-520.600, F.A.C. Water levels shall be recorded before evacuating wells for sample collection. Elevation references shall include the top of the well casing and land surface at each well site (NGVD allowable) at a precision of plus or minus 0.01 foot.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.412, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.414 Storage Requirements

(1) System storage ponds as described herein shall not be required where it is documented in the engineering report that an alternative system (e.g., permitted surface water discharge, deep wells) is incorporated into the system design to ensure continuous facility operation in accordance with the requirements of Chapter 62-600, F.A.C. If system storage is not required, provision of flow equalization or storage shall be evaluated in the engineering report to ensure that reclaimed water flows will match the demand pattern during a diurnal cycle.

(2) Unless exempted by subsection 62-610.414(1), F.A.C., system storage ponds shall have capacities determined as follows.

(a) System storage ponds shall have sufficient storage capacity to assure the retention of the reclaimed water under adverse weather conditions, harvesting conditions, maintenance of irrigation equipment, or other conditions which preclude land application.

(b) Storage capacity or a limited wet weather discharge system shall be provided for wet weather conditions which preclude land application and shall be described in the engineering report and subject to Department approval. The system storage period shall be established by determining the volume of storage that would be required for a ten-year recurrence interval, using weather data that is available from, or is representative of, the area involved.

(c) At a minimum, system storage capacity shall be the volume equal to three times that portion of the average daily flow of the reuse capacity for which no alternative reuse or disposal system is permitted.

(d) Analytical means (water balance calculations or computer hydrological programs such as the Department’s LANDAP program) of determining system storage requirements shall be used and shall account for all water inputs into the system. Analysis shall be based on site specific data.

(e) The methods and assumptions used for determining the system storage requirements shall be described and justified in the engineering report.

(f) A minimum of 20 years of climatic data shall be used in storage volume determinations.

(g) Irrigation efficiencies or rainfall efficiencies shall not be used in storage volume determinations.

(3) System storage ponds and tanks shall be designed for continuous flow-through or off-line storage of the reclaimed water from the treatment plant. For continuous flow-through, the pond or tank shall be designed such that reclaimed water can be retained for the required storage period. For off-line ponds or tanks, the reclaimed water transmission system shall be designed such that all produced reclaimed water can be diverted to the pond or tank and retained for the required storage period under conditions which preclude land application.

(4) System storage ponds shall be lined or sealed to prevent measurable seepage. The permeability, durability, strength, thickness, and integrity of the liner material shall be satisfactorily demonstrated for anticipated pressure gradient, climatic, installation and daily operation conditions. A quality assurance/quality control plan which substantiates the adequacy of the liner and its installation shall be incorporated into, or shall accompany the engineering report. Synthetic liners shall be installed in accordance with the manufacturer’s specifications and recommendations. Documentation of quality assurance and quality control activities on liner installation along with permeability or seepage test results shall be submitted with the notification that the facility will be placed in operation.

(5) System storage ponds may be unlined if designed to provide both storage and percolation functions. When designed for percolation such ponds are subject to the provisions of Part IV of this chapter. System storage ponds may be unlined if high-level disinfection is provided.

(6) Provisions for monitoring ground water quality adjacent to unlined system storage ponds shall be incorporated into the ground water monitoring plan.

(7) System storage holding ponds shall provide a minimum three feet of freeboard. Holding ponds shall be provided with an emergency discharge or overflow device to prevent water levels from rising closer than one foot to the top of the embankment or berm. The overflow device shall have sufficient capacity to discharge excess flows. Disposition of the overflow discharge shall be identified in the engineering report.

(8) Provisions for the control of algae shall be included in the design, operation, and maintenance and shall be described in the engineering report. Pond design shall also address the control of mosquito breeding habitat. Minimum pond depths (excluding freeboard but including the design operating range) of six feet, with inside bank side slopes steeper than 3:1 (horizontal to vertical), but no steeper than 1:1, are required to discourage growth of rooted aquatic weeds. Maintenance of a minimum pond water depth of 18 inches is required. Routine aquatic weed control and regular maintenance of pond embankments and access areas are required. The use of other depth criteria for mosquito control shall be justified in the engineering report.

(9) Ponds shall be sited to avoid areas of uneven subsidence, sinkholes, pockets of organic matter or other unstable soils unless provisions are made for their correction. Ponds used to impound reclaimed water above natural grade shall be designed to prevent failure of the embankment due to hydrostatic forces, seepage or soil piping, wind and wave action, erosion, and other anticipated conditions. Results from field and laboratory tests from an adequate number of test borings and soil samples shall be the basis for computations pertaining to seepage and stability analyses.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.414, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.417 Surface Runoff Control and Subsurface Drainage

(1) The land application site shall be designed to prevent the entrance of surface runoff. If necessary, berms shall be placed around the application area for this purpose. Provisions for on-site surface runoff control shall be described in the engineering report and subject to Department approval.

(2) The requirements of subsection 62-610.850(1), F.A.C., shall apply to discharges to surface waters from perimeter drainage features that collect reclaimed water after land application.

(3) If a subsurface drain system is necessary to prevent the water table from rising into the plant root zone, the system shall be designed in accordance with appropriate portions of paragraph 62-610.300(1)(c), F.A.C., concerning Natural Resources Conservation Service criteria for subsurface drains. The drainage system shall be designed so that the water table is drawn down generally to provide for 36 inches of unsaturated soil thickness during the time when irrigation is not practiced; unsaturated thicknesses less than this value shall be approved only when justified in the engineering report on the basis of renovating and agronomic aspects of the soil-plant system. The requirements of subsection 62-610.850(1), F.A.C., shall apply to discharges to surface waters from the drainage system.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.417, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.418 Access Control and Advisory Signs

(1) For all systems, appropriate advisory signs shall be posted around the site boundaries to designate the nature of the project area. Fencing around the site boundary is not required. Storage ponds shall be enclosed with a fence or otherwise designed with appropriate features to discourage the entry of animals and unauthorized persons.

(2) The permittee may allow public access to the land application site if a subsurface application system is used. Subsurface application systems may be used to irrigate residential properties, if the requirements of Part II of this chapter are met.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.418, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.419 Application/Distribution Systems and Cross-Connection Control

(1) New reclaimed water application/distribution systems (and replacements of existing systems) shall be designed such that:

(a) Drawdown of holding ponds shall be accomplished as soon as is appropriate. For this purpose, a minimum hydraulic capacity of 1.5 times the maximum daily flow (at which adequate treatment can be provided) of the treatment plant is required; the actual hydraulic criterion selected shall be justified in the engineering report on the basis of holding pond storage capacity, assimilative capacity of the soil-plant system, and similar considerations;

(b) The system design facilitates maintenance and harvesting of the irrigated areas and precludes damage from the use of maintenance equipment or harvesting machinery;

(c) The system is designed to prevent clogging with algae;

(d) Exposed pipes are labeled;

(e) Spray equipment is designed and located to minimize aerosol carry-over from the application area (e.g., low pressure sprays) to areas beyond the setback distances described in subsection 62-610.421(2), F.A.C.; and,

(f) There are no above ground hose bibbs (spigots or other hand-operated connections).

(2) Subsurface application systems may be used if the reclaimed water is made available to the plant root zone and the hydraulic loading rates and cycles comply with Rule 62-610.423, F.A.C.

(3) No cross-connections to potable water systems shall be allowed. For systems permitted under subsection 62-610.418(2), F.A.C., the permittee shall develop and obtain Department acceptance for a cross-connection control and inspection program as discussed in Rules 62-610.469 and 62-555.360, F.A.C.

(4) For all systems, there shall be readily identifiable “non-potable” notices, marking, or coding on application/distribution facilities and appurtenance.

History

• Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.419, Amended 1-9-96, 11-19-07, 4-1-21.

Fla. Admin. Code R. 62-610.420 Potable Water Cross-Connections

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.420, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.421 Setback Distances

(1) The permittee shall maintain setback distances between the wetted site area subject to land application and surface waters and potable water supply wells to ensure compliance with water quality and drinking water standards, and to protect the public health, safety and welfare. All systems shall be designed to minimize adverse effects resulting from noise, odor, lighting and aerosol drift. Adequate site area shall be provided for operation and maintenance, and for controlling emergency discharges.

(2) Slow-rate land application systems shall maintain a distance of 100 feet from the edge of the wetted area to buildings that are not part of the treatment facility, utilities system, or municipal operation; or to the site property line.

(a) This distance shall be reduced to 50 feet if the setback is vegetated with trees or shrubs to create a continuous visual barrier at least five feet high to minimize aerosol drift. This distance shall be reduced to 25 feet if high-level disinfection is provided in addition to the setback vegetation.

(b) This distance shall be reduced to 50 feet if only low trajectory, low pressure nozzles or surface application techniques are used within the outermost 50 feet of the application area. This distance shall be further reduced to 25 feet if high-level disinfection is also provided.

(c) If subsurface application systems are used, no setback distances to buildings are required. If subsurface application systems are used, the setback distance to the site property line shall be reduced to 30 feet. If subsurface application systems are used and if high-level disinfection is provided, the setback distance to the site property line shall be reduced to 10 feet.

(d) This onsite setback distance shall be reduced to 50 feet if high-level disinfection is provided.

(3) A 500-foot setback distance shall be provided from the edge of the wetted area to potable water supply wells that are existing or have been approved by the Department or by the Department of Health (but not yet constructed); Class I surface waters; or Class II surface waters. This distance shall be reduced to 200 feet if facility Class I reliability is provided in accordance with subsection 62-610.462(1), F.A.C. This distance shall be reduced to 100 feet if facility Class I reliability is provided in accordance with subsection 62-610.462(1), F.A.C., and if high-level disinfection is provided. Reductions in the 500-foot setback distance to potable water wells, as described in Rule 62-521.200, F.A.C., shall not be allowed. Setback distance requirements apply to all Class II waters, regardless of Department classification (such as open, closed, approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified).

(4) No setback distance is required to any nonpotable water supply well.

(5) A 100-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well. No setback distance is required to other potable water supply wells or to nonpotable water supply wells.

(6) Setback distances for potable water supply wells shall be applied only for new or expanded reuse facilities. Setback distances shall not be applied when considering renewal of a permit.

(7) Minimum setback distances to other classes of surface waters shall be established case-by-case based on compliance with applicable water quality standards.

(8) The minimum setback distances described above shall only be used if, based on review of the soils and hydrogeology of the area, the proposed hydraulic loading rate, quality of the reclaimed water, expected travel time of the ground water to the potable water supply wells and surface waters, and similar considerations, there is reasonable assurance that applicable water quality standards will not be violated.

(9) The edge of the wetted area of the land application system shall be at least 100 feet from outdoor public eating, drinking, and bathing facilities.

(10) A 500-foot setback distance shall be provided from new unlined storage ponds to potable water supply wells. This setback distance shall be reduced, but in no case to less than 200 feet, if the applicant provides an affirmative demonstration in the engineering report that reclaimed water will not migrate to the potable water supply well as a result of conditions such as the following:

(a) Confining units exist which preclude migration of the reclaimed water to the potable water supply well, or

(b) Ground water flow will be away from the potable water supply well, or

(c) Other hydrogeologic conditions that preclude migration of the reclaimed water to the potable water supply well.

(11) The reduced setback distances provided in subsection 62-610.421(10), F.A.C., shall not apply to potable water wells, as described in Rule 62-521.200, F.A.C.

(12) Unless specifically stated otherwise, all setback distances shall be measured horizontally.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.421, Amended 1-9-96, 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.422 Subsurface Drainage

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Amended 4-2-90, Formerly 17-610.422, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.423 Hydraulic Loading Rates

(1) Hydraulic loading rates shall be established after considering the ability of the soil-plant system to remove pollutants from the reclaimed water.

(2) Loading of nitrogen shall promote use by vegetation and nitrification-denitrification reactions in the soil. If supplemental fertilizers are used, the effect of such fertilizer use on nitrate concentrations in the ground water shall be assessed in the engineering report.

(3) Other factors which shall be considered in establishing loading rates are the infiltration capacity and hydraulic conductivity of the geologic materials underlying the site; the resulting pollutant load shall be within the assimilative capacity of the soil-plant system. The hydraulic loading rate shall not produce surface runoff or ponding of the applied reclaimed water. Additionally, the quality and use of underlying ground water may dictate the loading rates to be used.

(4) Since soil-plant relationships are complex, the initial design loading rate shall be conservative; a maximum annual average of two inches per week is recommended. The Department will consider a rate higher than the two inches per week average provided the rate is justified in the engineering report on the basis of the renovating and hydraulic capacity of the soil-plant system, the existing quality and use of surface or ground water in the area, and other hydrogeologic conditions.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.423, Amended 1-9-96.

Fla. Admin. Code R. 62-610.424 Monitoring of Ground Water

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.424, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.425 Cattle Grazing

For a period of 15 days from the last application of reclaimed water, land application areas shall not be used for the grazing of cattle whose milk is intended for human consumption. No waiting period is required if high-level disinfection, as defined in Rule 62-600.440, F.A.C., is provided. There are no restrictions on the grazing of other cattle.

History

• Rulemaking Authority 403.051,403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.425, Amended 8-8-99.

Fla. Admin. Code R. 62-610.426 Edible Crops

PART III SLOW-RATE LAND APPLICATION SYSTEMS; PUBLIC ACCESS AREAS,

RESIDENTIAL IRRIGATION, AND EDIBLE CROPS

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.426, Amended 1-9-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-610.450 Description of System

(1) This type of reuse system involves the irrigation of areas that are intended to be accessible to the public, such as residential lawns, golf courses, cemeteries, parks, landscape areas, and highway medians. Public access areas may include private property that is not open to the public at large, but is intended for frequent use by many persons. Reclaimed water may also be made available for fire protection, aesthetic purposes (such as decorative ponds or fountains), irrigation of edible crops, dust control on construction sites, or other reuse activities. These reuse systems feature reclaimed water that has received high-level disinfection.

(2) Public access also may be provided to sites irrigated using subsurface application systems as described and regulated by Part II of this chapter. Subsurface application projects regulated by Part II are not subject to the requirements of Part III of this chapter.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.450, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.451 Minimum System Size

(1) Except as provided in subsection 62-610.451(2), F.A.C., no treatment facility with a design average daily flow of less than 0.1 mgd shall have the produced reclaimed water made available for reuse activities covered by Part III (Rules 62-610.450 through 62-610.491, F.A.C.) of this chapter.

(2) A minimum system size is not required if reclaimed water will be used only for toilet flushing or fire protection.

(3) The permitted capacity of the overall domestic wastewater treatment facility shall be used in determining compliance with the minimum system size requirements, even if only a small percentage of the wastewater treated is used for beneficial purposes.

History

• Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.451, Amended 1-9-96, 11-19-07, 4-1-21.

Fla. Admin. Code R. 62-610.460 Waste Treatment and Disinfection

(1) Preapplication waste treatment shall result in a reclaimed water that meets, at a minimum, secondary treatment and high-level disinfection. The reclaimed water shall not contain more than 5.0 milligrams per liter (mg/L) of suspended solids before the application of the disinfectant.

(2) An operating protocol as described in Rules 62-610.320 and 62-610.463, F.A.C., shall be developed and implemented.

(3) Filtration shall be provided for TSS control. Chemical feed facilities for coagulant, coagulant aids, or polyelectrolytes shall be provided. Such chemical feed facilities may be idle if the TSS limitation is being achieved without chemical addition. Filtration is an important component of a wastewater treatment facility that provides reclaimed water for the types of activities allowed by Part III of this chapter. By removing TSS before disinfection, filtration serves to increase the ability of the disinfection process to inactivate virus and other pathogens. Filtration also serves as the primary barrier for removal of protozoan pathogens (Cryptosporidium, Giardia, and others). Addition of chemical coagulants generally increases the effectiveness of pathogen removal.

(4) A pretreatment program shall be prepared and implemented in accordance with Rule 62-610.330, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.460, Amended 1-9-96, 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.462 Reliability and Operator Staffing

(1) The following reliability requirements shall apply. Facility reliability shall have a minimum Class I reliability as described in paragraph 62-610.300(1)(a), F.A.C. The Department shall approve alternative levels of treatment facility reliability if the permittee provides reasonable assurances in the engineering report that the facility will provide a level of reliability equivalent to Class I reliability. Class I reliability shall not be required if a permitted alternate treatment or discharge system exists which has sufficient capacity to handle any reclaimed water flows which do not meet the performance criteria established in the operating protocol.

(a) Multiple aeration basins shall not be required for an oxidation ditch facility to comply with Class I reliability requirements, if the following conditions are met:

1. The construction permit application was approved by the Department on or before April 5, 1989,

2. The treatment facility is not being expanded; and,

3. All other Class I reliability criteria are met.

(2) Except as provided in subsection 62-610.462(3) and (4), F.A.C., the wastewater treatment facility shall be staffed by a Class C or higher operator 24 hours per day, 7 days per week. The lead/chief operator shall be at minimum Class B, or higher if required by Chapter 62-699, F.A.C.

(3) The minimum staffing requirement at the wastewater treatment facility shall be reduced to staffing by a Class C or higher operator 6 hours per day, 7 days per week, unless Chapter 62-699, F.A.C., requires additional operator presence or a higher level of operator. The lead/chief operator shall be at minimum Class C, or higher if required by Chapter 62-699, F.A.C. This minimum staffing requirement shall be allowed only in conjunction with at least one of the following.

(a) Diversion of acceptable quality reclaimed water to the reuse system only during periods of operator presence.

(b) Other provisions for increased facility reliability.

(4) If the facility does not send reclaimed water to the public access reuse system on one or both weekend days, the 7 day per week staffing requirement in subsection 62-610.462(3), F.A.C., shall be reduced to 6 hours per day on each day reclaimed water is sent to the public access reuse system. On weekend days when reclaimed water is diverted to an alternative reuse or disposal system, a daily visit shall be required.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.462, Amended 1-9-96, 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.463 Monitoring and Operating Protocol

(1) Reclaimed water limitations shall be met after disinfection and before discharge to holding ponds or reuse systems. The total suspended solids limitation shall be achieved before disinfection, regardless of the actual reclaimed water compliance monitoring location.

(2) The treatment facility shall include continuous on-line monitoring for turbidity before application of the disinfectant. Continuous on-line monitoring of total residual chlorine or for residual concentrations of other disinfectants, if used, shall be provided at the compliance monitoring point. Instruments for continuous on-line monitoring of turbidity and disinfectant residuals shall be equipped with an automated data logging or recording device. Continuous on-line monitoring instruments shall be calibrated according to the requirements of Chapters 62-160 and 62-600, F.A.C. Continuous on-line monitoring instruments shall be maintained according to the manufacturer’s operation and maintenance instructions. In accordance with Rule 62-610.320, F.A.C., the permittee shall develop, and the Department shall approve, an operating protocol designed to ensure that the high-level disinfection criteria will be met before the reclaimed water is released to the system storage or to the reclaimed water reuse system. The operating protocol shall be reviewed and updated as required in Rule 62-610.320, F.A.C. Reclaimed water produced at the treatment facility that fails to meet the criteria established in the operating protocol shall not be discharged into system storage or to the reuse system. Such substandard reclaimed water (reject water) shall be either stored for subsequent additional treatment or shall be discharged to another permitted reuse system requiring lower levels of preapplication treatment or to a permitted effluent disposal system.

(3) Ground water monitoring.

(a) Monitoring of ground water requirements shall be as contained in Chapters 62-520 and 62-600, F.A.C.

(b) A ground water monitoring well shall be located adjacent to unlined storage ponds or lakes, unless the applicant provides an affirmative demonstration in the engineering report, based on local hydrogeological conditions or historic flow data for the pond, that reclaimed water stored in the pond will not percolate to ground water.

(4) Monitoring for Giardia and Cryptosporidium.

(a) For treatment plants having capacities of 1.0 mgd or larger, the permittee shall sample the reclaimed water for Cryptosporidium and Giardia as follows:

1. Sampling shall be conducted at one time during each two-year period. Intervals between sampling shall not be greater than two years. The sample results shall be submitted to the Department on or before November 28 of that year using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

2. Samples shall be taken at a point immediately following the disinfection process.

(b) For treatment plants having capacities less than 1.0 mgd, the permittee shall sample the reclaimed water for Cryptosporidium and Giardia as follows:

1. Sampling shall be conducted at one time during each five-year period. Intervals between sampling shall not be greater than five years. The sample results shall be submitted to the Department on or before November 28 of that year using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

2. Samples shall be taken at a point immediately following the disinfection process.

(c) Samples shall be taken during peak flow periods between the months of August and October.

(d) If the wastewater treatment facility uses chlorination for disinfection, samples collected for analysis of Giardia and Cryptosporidium shall be dechlorinated.

(e) A grab sample for TSS shall be taken such that it is representative of the water leaving the filters at the treatment facility during the period when pathogen samples are being obtained. This TSS sample shall be taken during the period when pathogen samples are collected. In addition, the permittee shall record the lowest total residual chlorine observed during the period when pathogen samples are collected.

(f) EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or other approved methods in accordance with Rule 62-160.330, F.A.C., or other approved methods for reclaimed water or nonpotable waters, adjusted appropriately to accommodate the detection limit requirements, shall be used. Methods previously allowed for EPA’s Information Collection Rule (ICR) shall not be used. The full requirements of the approved method, including quality assurance and quality control, are to be met. Quality assurance and sampling requirements of Chapter 62-160, F.A.C., shall apply.

Two concentrations of Giardia and Cryptosporidium shall be recorded on Part III of Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

1. Total cysts and oocysts shall be enumerated using EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021), http://www.flrules.org/Gateway/reference.asp?No=Ref-13382) or other approved methods in accordance with Rule 62-160.330, F.A.C.

2. Potentially viable cysts and oocysts shall be enumerated using the DAPI staining technique contained in EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or similar enumeration techniques included in other approved methods in accordance with Rule 62-160.330, F.A.C. Cysts and oocysts that are stained DAPI positive or show internal structure by D.I.C. shall be considered as being potentially viable. If the laboratory reports separate values for DAPI positive and for cysts or oocysts having internal structure, the larger of the two concentrations will be reported as being potentially viable.

(g) If the number of potentially viable cysts of Giardia reported exceeds 5 per 100 liters or oocysts of Cryptosporidium reported exceeds 22 per 100 liters, a subsequent sample shall be taken and analyzed using EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or other approved methods in accordance with Rule 62-160.330, F.A.C. This subsequent sample shall be collected within 90 days of the date the initial sample was taken, analyzed for both Giardia and Cryptosporidium, and the results of the subsequent analysis shall be submitted to the Department within 60 days of sample collection using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.463, Amended 1-9-96, 8-8-99, 8-8-21.

Fla. Admin. Code R. 62-610.464 Storage Requirements

(1) System storage shall not be required where another permitted reuse system or effluent disposal system is incorporated into the system design to ensure continuous facility operation in accordance with the requirements of Chapter 62-600, F.A.C. If system storage is not required, provision of flow equalization or storage should be evaluated in the engineering report to ensure that reclaimed water flows will match the demand pattern during a diurnal cycle.

(2) Unless exempted by subsection 62-610.464(1), F.A.C., system storage ponds shall have capacities determined as follows. Requirements for system storage pond capacity shall be as contained in Rule 62-610.414, F.A.C., for restricted access slow-rate land application systems. System storage or a limited wet weather discharge authorization shall be required for wet weather conditions. At a minimum, system storage capacity shall be the volume equal to three times that portion of the average daily flow of the total reuse capacity for which no alternative reuse or disposal system is permitted.

(3) In addition, a separate, off-line system for storage of reject water shall be provided, unless another permitted reuse system or effluent disposal system is capable of discharging the reject water in accordance with requirements of Chapter 62-600, F.A.C. Reject water storage shall have sufficient capacity to ensure the retention of reclaimed water of unacceptable quality. At a minimum, this capacity shall be the volume equal to one day flow at the average daily design flow of the treatment plant or the average daily permitted flow of the reuse system, whichever is less. Provisions for recirculating this reject water to other parts of the treatment plant for further treatment shall be incorporated into the design.

(4) Requirements for system storage and off-spec water holding ponds shall be as contained in Rule 62-610.414, F.A.C., except for the following:

(a) System storage ponds do not have to be lined.

(b) Off-spec reclaimed water storage ponds shall be lined or sealed to prevent measurable seepage.

(c) Existing or proposed lakes or ponds (such as golf course ponds) are appropriate for storage of reclaimed water and stormwater management if all Department rules are met and the use of lakes or ponds for reclaimed water storage will not impair the ability of the lakes or ponds to function as a stormwater management system. Rule 62-610.830, F.A.C., contains permitting requirements for these types of storage lakes or ponds. Lakes or ponds (such as golf course ponds) used to store reclaimed water are not required to meet the storage pond design, construction, and operation requirements in subsections 62-610.414(7) and (8), F.A.C.

(5) The permittee shall maintain an inventory of storage systems. The inventory shall be submitted to the Department at least 30 days before reclaimed water will be introduced into any new storage systems. The inventory shall include the following:

(a) Name or identifier for the storage system.

(b) Location of the storage system (latitude/longitude).

(c) Function of the storage system (system storage or reject storage).

(d) Type of facility (covered tank, uncovered tank, lined pond, unlined pond).

(e) Indication of whether or not the storage facility is a water of the state or discharges to a water of the state.

(f) Distances to the nearest public water supply wells and to the nearest potable water supply wells which are not public water supply wells.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.464, Amended 1-9-96, 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.465 Storage Pond Design and Operation

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.465, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.466 Aquifer Storage and Recovery (ASR)

(1) Aquifer storage and recovery of reclaimed water or advanced treated water as defined in Rule 62-565.200, F.A.C., involves the following:

(a) Injection of reclaimed water or advanced treated water, as defined in Rule 62-565.200, F.A.C., into a subsurface formation for storage; and,

(b) Recovery of the stored reclaimed water or advanced treated water for beneficial purposes at a later date.

(2) ASR can be used as storage for reclaimed water for reuse systems regulated under Part III of this chapter. ASR by itself does not constitute “reuse.” It is only when reclaimed water, which has been stored in an aquifer, is recovered and used for beneficial purposes that the reclaimed water is considered to be “reused.” ASR systems are considered components of the overall reuse system.

(a) For non-potable reuse projects, recovered water is also subject to the requirements of Part III of this chapter.

(b) For potable reuse projects, recovered water is also subject to the requirements of Chapter 62-565, F.A.C. Injection of reclaimed water or advanced treated water directly or indirectly that meets the requirements of paragraph 62-565.100(d), F.A.C., shall be considered potable reuse, except where the recovered water meets the exemption requirements in Section 403.0643, F.S.

(3) ASR systems shall meet the technical and permitting requirements of the Department’s underground injection control program which are contained in Chapter 62-528, F.A.C., and shall obtain an underground injection control construction and operation permit, as appropriate, in addition to any permits required under Chapters 62-610 and 62-620, F.A.C.

(4) In the engineering report submitted with the initial application to implement an ASR system, the applicant shall provide an evaluation of the anticipated changes in the characteristics of the reclaimed water during the injection, storage, and recovery phases. In the engineering report, the applicant shall evaluate the need for additional treatment or disinfection upon recovery before introduction of the recovered water into system storage or the reuse system. The engineering report shall include an initial characterization of the ground water at the point of injection. The ground water characterization shall include analyses for all parameters for which ground water quality standards have been established in Chapter 62-520, F.A.C., and for fecal coliforms. The characterization of TDS at the point of injection is discussed in subparagraph 62-610.310(3)(c)9. and subsection 62-610.800(11), F.A.C.

(5) Engineering reports for ASR systems associated with a potable reuse project shall meet the requirements of Rule 62-565.570, F.A.C.

(6) The water recovered from the ASR system for non-potable reuse purposes shall meet the performance standards for fecal coliforms as specified for high-level disinfection before use in a reuse system regulated under Part III of this chapter.

(7) The water recovered from the ASR system for potable reuse purposes shall meet the Technology-Based Treatement Requirements and pathogen requirements established in Chapter 62-565, F.A.C.

(8) Applications for permit renewals shall include an evaluation of the performance of the ASR system. This shall include evaluations of monitoring data (including trends observed), any problems encountered, and any anticipated problems based on review of the monitoring trends. Existing and anticipated problems shall be addressed as described in subsection 62-610.466(19), F.A.C.

(9) Use of Class G-IV ground water.

(a) Wells may be used to inject reclaimed water into Class G-IV ground water for ASR if all of the following conditions in either subparagraph 1. or 2. are met:

1. Wells may be used to inject reclaimed water into Class G-IV ground water for ASR if all of the following conditions are met:

a. The reclaimed water meets all the preapplication treatment and disinfection criteria established in Part III of this chapter before injection.

b. Technical and permitting requirements in Chapter 62-528, F.A.C., are met.

2. Wells may be used to inject effluent into Class G-IV ground water for ASR if all of the following conditions are met:

a. The preapplication treatment criteria established in subsections 62-600.540(1) and (4), F.A.C., shall be met before injection.

b. Technical and permitting requirements in Chapter 62-528, F.A.C., are met.

c. The treatment and disinfection requirements in Part III of this chapter shall be met upon recovery of the water. Treatment and disinfection upon recovery shall include filtration and chemical feed facilities, as described in Rule 62-610.460, F.A.C., high-level disinfection, Class I reliability, operator attendance and staffing, operating protocol, reject storage, and monitoring requirements.

(10) Use of Class G-I or F-I ground water.

(a) Wells may be used to inject reclaimed water into Class G-I or F-I ground water for ASR if all of the following requirements are met:

1. The reclaimed water meets the full treatment and disinfection criteria established in Rule 62-610.563, F.A.C., for ground water recharge projects.

2. Technical and permitting requirements in Chapter 62-528, F.A.C., are met.

(b) Except as provided in subsection 62-610.466(19), F.A.C., additional treatment or disinfection shall not be required upon recovery of the reclaimed water for non-potable reuse purposes.

(11) Use of Class G-II ground water containing 3000 mg/L or less of total dissolved solids for non-potable reuse purposes.

(a) Wells may be used to inject reclaimed water into Class G-II ground water containing 3000 mg/L or less of total dissolved solids for ASR if all of the following conditions are met:

1. The reclaimed water meets the full treatment and disinfection criteria established in Rule 62-610.563, F.A.C., for ground water recharge projects.

2. Technical and permitting requirements in Chapter 62-528, F.A.C., are met.

(b) If the applicant provides an affirmative demonstration that the receiving ground water contains between 1,000 and 3,000 mg/L (inclusive) of total dissolved solids, is not currently used as a source of public water supply, and that the receiving ground water is not reasonably expected to be used for public water supply in the future, or if the applicant provides an affirmative demonstration that the reuse project meets the requirements in Section 403.0643, F.S., the preapplication treatment and disinfection requirements shall be as follows:

1. The principal treatment and disinfection requirements in Rule 62-610.563, F.A.C., shall apply, with the following modifications:

a. The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limitations. The fecal coliform limitations associated with high-level disinfection shall not apply. The primary drinking water standards for asbestos and sodium shall not apply as reclaimed water limitations.

b. The secondary drinking water standards shall not be applied as reclaimed water limitations. As described in paragraph 62-610.466(16)(a), F.A.C., the ground water standard for sodium shall be met at the edge of the zone of discharge. As described in paragraph 62-610.466(16)(f), F.A.C., the ground water standards corresponding to the secondary drinking water standards shall be met at the edge of the extended zone of discharge.

c. The total nitrogen limit in paragraph 62-610.563(2)(c), F.A.C., shall not apply.

d. The extended zone of discharge shall not extend into zones having TDS concentrations less than 1000 mg/L (based on the initial TDS characterization in the initial engineering report and information submitted after the submittal of the initial engineering report) except when the applicant provides an affirmative demonstration that the reuse project meets the exemption requirements in Section 403.0643, F.S.

(c) The provisions of paragraph 62-610.466(11)(b), F.A.C., shall only apply to receiving ground waters that are not used for public water supply within the following geographic limits (whichever provides for the largest horizontal distance):

1. Located within 1,000 feet radially (measured horizontally) from injection and recovery wells, or

2. Located within the radial extent (measured horizontally) of the extended zone of discharge plus an additional 500 feet radially (horizontally).

(d) Except as provided in subparagraph 62-610.466(14)(b)1., and subsection 62-610.466(19), F.A.C., additional treatment or disinfection shall not be required upon recovery of the reclaimed water for non-potable reuse.

(12) Use of Class G-II ground water containing greater than 3000 mg/L of total dissolved solids for non-potable reuse projects.

(a) Wells may be used to inject reclaimed water into Class G-II ground water containing greater than 3000 mg/L of total dissolved solids for ASR if all of the following conditions are met:

1. The principal treatment and disinfection requirements in Rule 62-610.563, F.A.C., shall apply, with the following modifications:

a. The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limitations. The fecal coliform limitations associated with high-level disinfection shall not apply. The primary drinking water standards for asbestos and sodium shall not apply as reclaimed water limitations.

b. The secondary standards shall not be applied as reclaimed water limitations. As described in paragraph 62-610.466(16)(f), F.A.C., the ground water standard for sodium and the ground water standards corresponding to the secondary drinking water standards shall be met at the edge of the extended zone of discharge.

c. The total nitrogen limit in paragraph 62-610.563(2)(c), F.A.C., shall not apply.

d. The extended zone of discharge shall not extend into zones having TDS concentrations less than 3000 mg/L (based on the initial TDS characterization in the initial engineering report and information submitted after the submittal of the initial engineering report).

2. Technical and permitting requirements in Chapter 62-528, F.A.C., are met.

(b) Except as provided in subparagraph 62-610.466(14)(b)1., and subsection 62-610.466(19), F.A.C., additional treatment or disinfection shall not be required upon recovery of the reclaimed water.

(13) If an aquifer exemption pursuant to subsection 62-528.300(3), F.A.C., or a parameter exemption pursuant to Rule 62-520.500, F.A.C., has been obtained, the Department shall modify the discharge limitations in the permit to reflect the terms of the exemption.

(14) Monitoring.

(a) Reclaimed water shall be monitored before injection in accordance with the requirements of Chapter 62-600, F.A.C.

(b) Water recovered from the ASR system.

1. Except as provided in subparagraphs 62-610.466(14)(b)2. and 3., F.A.C., the reclaimed water recovered from the ASR system for non-potable reuse shall be monitored for TSS, and fecal coliforms at the same frequency specified in Chapter 62-600, F.A.C., for the treatment facility providing reclaimed water to the reuse system. CBOD5 shall be monitored monthly. If the reclaimed water withdrawn from an ASR system fails to meet the CBOD5, TSS, or fecal coliform limits established for a reuse project regulated under Part III of this chapter, the Department shall require that additional treatment or disinfection facilities be provided to ensure compliance with these limits. If the CBOD5 limits are not met, the Department shall increase the sampling frequency for CBOD5 to the level required in Chapter 62-600, F.A.C. Water recovered from the ASR system for potable reuse projects shall be subject to the requirements of Chapter 62-565, F.A.C.

2. If the reclaimed water injected into the ASR system meets the full treatment and disinfection requirements in Rule 62-610.563, F.A.C., fecal coliforms shall be monitored monthly in the water recovered from the ASR system.

3. If additional treatment or disinfection is provided after recovery of the water from the ASR system not associated with a potable reuse system, the monitoring requirements in Rule 62-610.463, F.A.C., shall apply and an operating protocol shall be implemented pursuant to Rule 62-610.463, F.A.C.

(c) ASR systems not associated with a potable reuse system.

1. A ground water monitoring plan pursuant to Rule 62-520.600, F.A.C., shall be implemented before placing the ASR system into operation. The monitoring plan shall be designed to verify compliance with the ground water standards and to monitor the performance of the ASR system. As part of this monitoring plan, the permittee shall monitor a measure of inorganics concentration (such as chloride or TDS) and specific conductance for the water being injected, ground water, and the recovered water.

2. Ground water shall be monitored quarterly for all parameters for which ground water standards exist. After the first year of operation, the frequency of this monitoring and the list of parameters may be adjusted by the Department based on previous monitoring. Reductions in monitoring shall only be considered after the injected bubble of reclaimed water reaches a monitoring well. The complete list of all parameters for which ground water standards exist shall be sampled at least once during each five years.

(d) Additional water quality and ground water monitoring may be required under the underground injection control permit.

(15) Injection wells and recovery wells used for aquifer storage and recovery shall be located at least 500 feet from any potable water supply well. For potable water supply wells which are not public water supply wells, the Department shall approve a smaller setback distance, if the applicant provides an affirmative demonstration in the engineering report that confinement exists between the aquifer used for aquifer storage and recovery and the potable water supply well such that the aquifer storage and recovery system will not adversely affect the quantity or quality of water withdrawn from the potable water supply well.

(16) Extended zone of discharge.

(a) Projects described in paragraph 62-610.466(11)(b), and subsection (12), F.A.C., may have an extended zone of discharge included in the permit. The extended zone of discharge shall apply to parameters listed as secondary drinking water standards in Chapter 62-550, F.A.C. Zones of discharge will not be provided for parameters listed as primary drinking water standards in Chapter 62-550, F.A.C. (except for sodium).

(b) A zone of discharge under this rule shall not be allowed for projects featuring injection that causes or allows movement of fluid into or between underground sources of drinking water which may adversly affect the health of persons.

(c) An extended zone of discharge will extend radially to the permittee’s property line. This may be greater than the 100 feet normally allowed for a zone of discharge in Rule 62-520.465, F.A.C. The applicant may request an extended zone of discharge that extends beyond the property boundary, if the conditions and procedures in paragraphs 62-520.470(3)(d), and (e), F.A.C., are met. The applicant may request an extended zone of discharge beyond the property line at the time of initial permit application or with subsequent permit renewals or permit modifications.

(d) An extended zone of discharge shall not extend closer than 500 feet to potable water supply wells. For potable water supply wells which are not public water supply wells, the Department shall approve a smaller setback distance, if the applicant provides an affirmative demonstration in the engineering report that confinement exists between the aquifer used for aquifer storage and recovery and the potable water supply well such that the aquifer storage and recovery system will not adversely affect the quantity or quality of water withdrawn from the potable water supply well.

(e) The extended zone of discharge shall extend vertically from the base to the top of a specifically designated aquifer, aquifers, or portion of an aquifer. The vertical and lateral limits of the extended zone of discharge shall be designated. Injection and recovery wells used in the ASR system shall be included within the extended zone of discharge. As noted in sub-subparagraphs 62-610.466(11)(b)1.d., and 62-610.466(12)(a)1.d., F.A.C., the extended zone of discharge shall not extend into zones having TDS concentrations less than the specified threshold (based on the initial TDS characterization in the initial engineering report and information submitted after the submittal of the initial engineering report).

(f) For aquifer storage and recovery systems involving the levels of preapplication treatment provided in paragraph 62-610.466(11)(b), or subsection (12), F.A.C., all ground water quality criteria shall be met at the edge of the extended zone of discharge. If the natural background ground water quality does not meet the ground water quality criteria, the aquifer storage and recovery system shall meet the natural background quality at the edge of the extended zone of discharge.

(17) The aquifer storage and recovery system (including both injection and recovery) shall be described in the domestic wastewater permit.

(18) Applicants proposing ASR systems using Class F-I, G-I, or G-II ground water shall comply with the public and utility notification requirements contained in Rule 62-610.574, F.A.C.

(19) The permittee shall assess the performance of the ASR system on a monthly basis.

(a) During operation of the non-potable reuse system, if it is shown that water recovered from the aquifer storage and recovery system does not meet the fecal coliform performance criteria associated with high-level disinfection or if the water recovered adversely affects vegetation or crops grown in the reuse system or adversely affects the infiltration/percolation capability of soils within the reuse system, the permittee shall do the following:

1. Evaluate the nature and severity of the problems.

2. Propose remedial or preventative measures and provide reasonable assurances that the remedial or preventative measures will avoid future occurrences of the adverse effects. Remedial or preventative measures may include additional monitoring of or additional treatment of the water recovered from the aquifer storage and recovery system, or other measures.

3. Propose a time schedule for implementation of the proposed remedial or preventative measures.

4. Submit a written report to the Department within 120 days of identification of a potential problem. The report shall address the requirements of subparagraphs 62-610.466(19)(a)1. through 3., F.A.C.

(b) The Department shall incorporate remedial or preventative measures and a schedule for implementation in the domestic wastewater permit.

(c) Nothing in subsection 62-610.466(19), F.A.C., shall preclude the Department from taking enforcement action to compel compliance with the requirements of Rule 62-610.466, F.A.C., the requirements of Part III of this chapter or the ground water standards contained in Chapter 62-520, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 8-8-99, Amended 8-8-21, 2-26-25.

Fla. Admin. Code R. 62-610.468 Access Control and Advisory Signs

(1) No provisions for access control are needed.

(2) The public shall be notified of the use of reclaimed water. This shall be accomplished by the posting of advisory signs designating the nature of the reuse project area where reuse is practiced, notes on scorecards, or by other methods. Examples of some of the notification methods which may be used by permittees include posting of advisory signs at entrances to residential neighborhoods where reclaimed water is used for landscape irrigation and posting of advisory signs at the entrance to a golf course and at the first and tenth tees.

(3) Use of purple as a prominent color on advisory signs and written notices related to a reuse project is recommended, but shall not be required.

(4) Advisory signs shall include the following text in English and Spanish: “Do not drink” together with the equivalent standard international symbol.

(5) Advisory signs shall be posted adjacent to lakes or ponds used to store reclaimed water that are not located at the domestic wastewater treatment facilities. Advisory signs shall be posted at decorative water features that use reclaimed water. Advisory signs at storage ponds or decorative water features shall include the following text in English and Spanish: “Do not drink” and “Do not swim” together with the equivalent standard international symbols.

(6) The permittee shall ensure that users of reclaimed water are informed about the origin, nature, and characteristics of reclaimed water; the manner in which reclaimed water can be safely used; and limitations on the use of reclaimed water. Notification is required at the time of initial connection to the reclaimed water distribution system and annually after the reuse system is placed into operation. The details of the public notification program shall be included in the engineering report and with each permit application. A description of ongoing public notification activities shall be included in the annual reuse report required by subsection 62-610.870(3), F.A.C. The public notification program shall include details on written public notification activities, activities related to the news media, use of advisory signs, and other public notification activities.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.468, Amended 1-9-96, 8-8-99.

Fla. Admin. Code R. 62-610.469 Application/Distribution Systems and Cross-Connection Control

(1) New slow-rate land application systems, expansions of existing distribution systems, and replacement of existing systems shall be designed to provide, at a minimum, hydraulic capacity of 1.5 times maximum daily flow (at which adequate treatment can be provided) of the treatment facility. The actual hydraulic criterion selected shall be justified in the engineering report on the reclaimed water.

(2) Application of reclaimed water on public access facilities shall be controlled by agreement with the wastewater management entity or by local ordinance.

(3) Except as specifically allowed in this paragraph, above ground hose bibbs (spigots or other hand operated connections) shall not be present. Hose bibbs shall be located in locked vaults, service boxes, or compartments which shall be clearly labeled as being of nonpotable quality (bearing the words in English and Spanish: “Do not drink” together with the equivalent standard international symbol). Hose bibbs which can only be operated by a special tool may be placed in nonlockable vaults, service boxes, or compartments clearly labeled as nonpotable water (bearing the words in English and Spanish: “Do not drink” together with the equivalent standard international symbol). Vaults, service boxes, and compartments meeting the requirements of this rule may be located above or below grade. For restricted access sites, the Department shall approve the use of hose bibbs that are not in vaults, service boxes, or compartments, if the applicant provides an affirmative demonstration in the engineering report that alternate means of securing the hose bibb will preclude unauthorized use of the hose bibb. If the Department approves alternate measures for securing hose bibbs for restricted access sites, the alternate control measures and the hose bibb shall be color coded and clearly labeled as being of nonpotable quality (bearing the words in English and Spanish: “Do not drink” together with the equivalent standard international symbol).

(4) Reclaimed water shall not be used to fill swimming pools, hot tubs, or wading pools.

(5) Reclaimed water may be used to irrigate landscaped areas with a tank truck only if the following requirements are met:

(a) All applicable requirements in Part III of this chapter are met;

(b) The truck used to transport and distribute reclaimed water is not used to transport potable water that is used for drinking water; and,

(c) The truck used to transport and distribute reclaimed water is not used to transport waters or other fluids that do not meet, at a minimum, the requirements of Part III of this chapter unless the tank has been evacuated and properly cleaned prior to the addition of the reclaimed water.

(6) Conversion of existing facilities.

(a) Existing water lines, sewers, and wastewater transmission lines may be converted for use as reclaimed water transmission lines.

(b) Applicants wanting to convert these types of facilities to reclaimed water transmission lines shall provide an affirmative demonstration in the engineering report of the following:

1. The location and identification of the facilities to be converted.

2. The location of all connections to the facilities to be converted.

3. Identification of measures to be taken to ensure that existing connections will be eliminated.

4. Identification of procedures to be used to ensure that all connections and cross-connections have been eliminated. This may include physical inspections, dye testing, or other testing procedures.

5. Description of marking, signing, labeling, or color coding to be used to identify the converted facility as a reclaimed water transmission facility.

6. Description of cleaning and disinfection procedures to be followed before the converted facilities will be placed into operation for reclaimed water service.

7. Assessment of the physical condition and integrity of facilities to be converted.

8. Reasonable assurance that cross-connections will not result, public health will be protected, and the integrity of water, wastewater, and reclaimed water systems will be maintained when the conversion is made.

(7) Cross-connection control.

(a) No cross-connections to potable water systems shall be allowed. The permittee shall submit documentation of Department acceptance for a cross-connection control and inspection program, pursuant to Rule 62-555.360, F.A.C., for all public water supply systems located within the area to be served by reclaimed water.

(b) Reclaimed water shall not enter a dwelling unit or a building containing a dwelling unit except as allowed by Rules 62-610.476 and paragraph 62-610.480(2)(i), F.A.C.

(c) Maximum obtainable separation of reclaimed water lines and domestic water lines shall be practiced. A minimum horizontal separation of three feet (outside to outside) shall be maintained between reclaimed water lines and either potable water mains or sewage collection lines. The Department shall approve smaller horizontal separation distances if one of the following conditions is met:

1. The top of the reclaimed water line is installed at least 18 inches below the bottom of the potable water line.

2. The reclaimed water line is encased in concrete.

3. The applicant provides an affirmative demonstration in the engineering report that another alternative will result in an equivalent level of protection.

(d) The provisions of Chapter 62-604, F.A.C., are applicable to in-ground crossings. No vertical or horizontal separation distances are required for above-ground crossings.

(e) Separation distance requirements in paragraphs 62-610.469(7)(c) and (d), F.A.C., apply to transmission and distribution systems located in rights-of-ways. Similar separation distances are recommended, but are not required on properties where reclaimed water is being used.

(f) All reclaimed water valves and outlets shall be appropriately tagged or labeled (bearing the words in English and Spanish: “Do not drink” together with the equivalent standard international symbol) to warn the public and employees that the water is not intended for drinking. All piping, pipelines, valves, and outlets shall be color coded, or otherwise marked, to differentiate reclaimed water from domestic or other water. Effective January 1, 1996, underground piping which is not manufactured of metal or concrete, shall be color coded for reclaimed water distribution systems using Pantone Purple 522C using light stable colorants. Underground metal and concrete pipe shall be color coded or marked using purple as a predominant color. If tape is used to mark the pipe, the tape shall be permanently affixed to the top and each side of the pipe (three locations parallel to the axis of the pipe). For pipes less than 24 inches in diameter, a single tape may be used along the top of the pipe. Visible, above-ground portions of the reclaimed water distribution system shall be clearly color coded or marked. New systems and expansions of existing systems for which permit applications are submitted to the Department on or after January 1, 1996, shall comply with this color coding standard. It is recommended, but shall not be required, that distribution and application facilities located on private properties, including residential properties, be color coded using Pantone Purple 522C.

(g) The return of reclaimed water to the reclaimed water distribution system after the reclaimed water has been delivered to a user is prohibited.

(h) The permittee is responsible for conducting inspections within the reclaimed water service area to verify proper connections, monitor proper use of reclaimed water, and minimize the potential for cross-connections. Inspections are required when customers first connect to the reclaimed water distribution system. Periodic inspections are required as specified in the cross-connection control and inspection program.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.469, Amended 1-9-96, 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.470 Potable Water Cross-Connections

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Amended 4-2-90, Formerly 17-610.470, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.471 Setback Distances

(1) There shall be a setback distance of 75 feet from the edge of the wetted area of the public access land application area to potable water supply wells that are existing or have been approved by the Department or by the Department of Health (but not yet constructed). To comply with this requirement a utility providing reclaimed water for residential irrigation may adopt and enforce an ordinance prohibiting private drinking water supply wells in residential areas. This setback distance requirement does not apply to closed loop heating or air conditioning return wells.

(2) No setback distance is required to any nonpotable water supply well.

(3) A 75-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well or a surface water intake for a potable water supply. No setback distance is required to other potable water supply wells or to nonpotable water supply wells.

(4) Setback distances for potable water supply wells shall be applied only for new or expanded reuse facilities. Setback distances shall not be applied when considering renewal of a permit.

(5) Setback distances are not required for surface waters or developed areas.

(6) Setback distances are not required to outdoor public eating, drinking, and bathing facilities. However, within 100 feet from outdoor public eating, drinking and bathing facilities, low trajectory nozzles, or other means to minimize aerosol formation shall be used.

(7) No setback distances are required for private swimming pools, hot tubs, spas, saunas, picnic tables, or barbecue pits or grills.

(8) A setback distance of 100 feet shall be maintained from indoor aesthetic features (such as decorative pools or fountains) using reclaimed water to adjacent indoor public eating and drinking facilities where the aesthetic features and eating and drinking facilities are within the same room or building space.

(9) A setback distance of 200 feet shall be provided from unlined storage ponds to potable water supply wells or a surface water intake for a potable water supply. This setback distance shall be reduced, but in no case to less than 75 feet, if the applicant provides an affirmative demonstration in the engineering report that reclaimed water will not migrate to the potable water supply well as a result of conditions such as the following:

(a) Confining units exist which preclude migration of the reclaimed water to the potable water supply well, or

(b) Ground water flow will be away from the potable water supply well, or

(c) Other hydrogeologic conditions preclude migration of the reclaimed water to the potable water supply well.

(10) Unless specifically stated otherwise, all setback distances shall be measured horizontally.

(11) For ASR projects regulated under Rule 62-610.466, F.A.C., setback distance requirements for injection and recovery wells and for extended zones of discharge are contained in subsections 62-610.466(15) and (16), F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.471, Amended 1-9-96, 8-8-99, 11-19-07, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.472 Supplemental Water Supplies for Non-Potable Reuse Projects

(1) Rule 62-610.472, F.A.C., applies to non-potable reuse projects for which complete permit applications involving the use of supplemental water supplies were received by the Department on or after August 8, 1999. Rule 62-610.472, F.A.C., shall also apply to any existing reuse system which proposes to add a new supplemental water supply or to expand the facilities, structures, or pumps used for an existing supplemental water supply; however, these rule requirements shall only apply to the expanded or modified portion of the project. Incorporation of a supplemental water supply into the reuse system shall require a permit modification.

(2) Other water supplies may be used by the permittee to supplement the supply of reclaimed water for non-potable reuse projects. Surface waters, ground waters, treated stormwater, and drinking water may be used to supplement the reclaimed water supply for non-potable reuse projects.

(3) Supplemental surface water and stormwater supplies for non-potable reuse projects.

(a) Surface water supplies may be used to supplement the reclaimed water supply, if all of the following conditions are met:

1. Disinfection is provided and the fecal coliform and TSS limits established for high-level disinfection in subsection 62-600.440(5), F.A.C., are met for the treated surface water or stormwater supply before mixing with the reclaimed water. Operating protocols and reject storage facilities are not required for the supplemental water supply.

2. The applicant shall provide an affirmative demonstration that the quality of the resulting mixture of reclaimed water and treated surface water or stormwater will be acceptable for the permitted uses of the reclaimed water within the reclaimed water distribution system. The following factors shall be evaluated in assessing the acceptability of the mixture of reclaimed water and supplemental water:

a. The mixture shall not harm vegetation or crops grown in the reuse system.

b. The mixture shall enable compliance with ground water standards at the edge of the zone of discharge.

c. Public health shall be protected.

3. A one-way flow device shall be provided on each surface water or stormwater supply line to prevent backflow of reclaimed water into the surface water or into the stormwater treatment facilities. This does not have to be an approved device as listed in Rule 62-555.360, F.A.C. A check valve, flap valve, or other device may be used.

4. Continuous monitoring for disinfectant residual shall be performed on the disinfected surface water or stormwater supply at a point before mixing with the reclaimed water. Fecal coliforms and TSS shall be monitored at this point in accordance with the schedule established in Chapter 62-600, F.A.C., for high-level disinfection facilities, based on the permitted capacity of the largest domestic wastewater treatment facility providing reclaimed water to the reuse system.

5. The supplemental water supply pipes and appurtenances shall be color coded and marked to differentiate them from the reclaimed water and potable water facilities.

(b) Subparagraphs 62-610.472(3)(a)1. through 5., F.A.C., shall apply to situations involving the introduction of stormwater or surface water directly into a reclaimed water distribution system. Cases involving storage of reclaimed water in lakes and ponds which are part of a stormwater management system are described in, and regulated by, Rules 62-610.464 and 62-610.830, F.A.C., and are not subject to Rule 62-610.472, F.A.C., shall not apply to system storage and reclaimed water distribution facilities that are on the property of and are operated by the user of reclaimed water (such as a golf course or farm).

(c) Stormwater may be introduced into the sanitary sewerage system to augment the supply of reclaimed water, if all of the following conditions are met:

1. The resulting mixture of stormwater and domestic wastewater receives the full level of treatment and disinfection required by Part III of this chapter.

2. The applicant provides an affirmative demonstration that the sewerage system and treatment facilities have sufficient capacities to accommodate the added volumes of stormwater.

3. Introduction of stormwater into the sewerage system shall be limited to dry-weather, low-flow conditions in the sanitary sewerage system.

(d) Monitoring for Giardia and Cryptosporidium.

1. For treatment plants having capacities of 1.0 mgd or larger, the permittee shall sample the reclaimed water for Cryptosporidium and Giardia as follows:

a. Sampling shall be conducted at one time during each two-year period. Intervals between sampling shall not be greater than two years. The sample results shall be submitted to the Department on or before November 28 of each even numbered year using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

b. Samples shall be taken at a point after treatment of the supplemental water supply (before blending with reclaimed water).

2. For treatment plants having capacities less than 1.0 mgd, the permittee shall sample the reclaimed water for Cryptosporidium and Giardia as follows:

a. Sampling shall be conducted at one time during each five-year period. Intervals between sampling shall not be greater than five years. The sample results shall be submitted to the Department on or before November 28 of each even numbered year using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

b. Samples shall be taken at a point after treatment of the supplemental water supply (before blending with reclaimed water).

3. Samples shall be taken during peak flow periods between the months of August and October.

4. If the wastewater treatment facility uses chlorination for disinfection, samples collected for analysis of Giardia and Cryptosporidium shall be dechlorinated.

5. A grab sample of TSS that is representative of the surface water or treated stormwater as it is added to the reclaimed water system shall be taken during the period when pathogen samples are collected. In addition, record the lowest total residual chlorine observed during the period when pathogen samples are collected.

6. EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021), http://www.flrules.org/Gateway/reference.asp?No=Ref-13382) or other approved methods in accordance with Rule 62-160.330, F.A.C., for reclaimed water or nonpotable waters, adjusted appropriately to accommodate the detection limit requirements, shall be used. Methods previously allowed for EPA’s ICR shall not be used. The full requirements of the approved method, including quality assurance and quality control, are to be met. Quality assurance and sampling requirements in Chapter 62-160, F.A.C., shall apply.

Two concentrations of Giardia and Cryptosporidium shall be recorded in Part III of Form 62-610.300(3)(a)4., Pathogen Monitoring (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373):

1. Total cysts and oocysts shall be enumerated using EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382) or other approved methods in accordance with Rule 62-160.330, F.A.C.

2. Potentially viable cysts and oocysts shall be enumerated using the DAPI staining technique contained in EPA Method 1623 or similar enumeration techniques included in other approved methods. Cysts and oocysts that are stained DAPI postive or show internal structure by D.I.C. shall be considered as being potentially viable. If the laboratory reports separate values for DAPI positive and for cysts or oocysts having internal structure, the larger of the two concentrations will be reported as being potentially viable.

3. If the number of potentially viable cysts of Giardia reported exceeds 5 per 100 liters or oocysts of Cryptosporidium reported exceeds 22 per 100 liters, a subsequent sample shall be taken and analyzed using EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382) or other approved methods in accordance with Rule 62-160.330, F.A.C. This subsequent sample shall be collected within 90 days of the date the initial sample was taken, analyzed for both Giardia and Cryptosporidium, and the results of the subsequent analysis shall be submitted to the Department within 60 days of sample collection using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021). http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

(4) Supplemental ground water supplies for non-potable reuse projects.

(a) Ground water supplies may be used to supplement the reclaimed water supply, if all of the following conditions are met:

1. The applicant shall provide an affirmative demonstration that the quality of the resulting mixture of reclaimed water and ground water will be acceptable for the permitted uses of the reclaimed water within the reclaimed water distribution system. This shall include an evaluation of the factors contained in subparagraph 62-610.472(3)(a)2., F.A.C. This shall include an analysis of the ground water source for all of the parameters included in the ground water quality standards listed in Chapter 62-520, F.A.C.

2. An approved backflow prevention device, as described in Rule 62-555.360, F.A.C., shall be provided on the pipe from each well connected into the reclaimed water system.

3. Monitoring of the ground water supply shall be conducted quarterly for fecal coliforms, unless additional monitoring is required by paragraph 62-610.472(4)(b), F.A.C. At the end of the first year of operation, monitoring of the ground water supply shall be reduced if the applicant provides an affirmative demonstration that the ground water supply meets the high-level disinfection criteria for fecal coliforms and that public health will be protected.

4. The supplemental water supply pipes and appurtenances shall be color coded and marked to differentiate them from the reclaimed water and potable water facilities.

(b) If the initial analysis of the ground water supply reveals that the ground water supply does not meet ground water quality standards in Chapter 62-520, F.A.C., the parameters for which the ground water standards are not met shall be added to the quarterly monitoring of the ground water supply.

(c) For purposes of subsection 62-610.472(4), F.A.C., water withdrawn at a springhead shall be considered as “ground water.”

(5) Drinking water supplies. Drinking water from a public water supply system may be used to supplement the reclaimed water supply, if all of the following conditions are met:

(a) An air gap separation, as described in Rule 62-555.360, F.A.C., shall be provided on each connection from the public water supply system into the reclaimed water system.

(b) The reuse permit shall not include requirements for monitoring of the drinking water supply.

(c) The supplemental water supply pipes and appurtenances shall be color coded and marked to differentiate them from the reclaimed water facilities.

(d) The number of connections from the public water supply system into the reclaimed water system shall be minimized.

(6) A consumptive use permit for the use of surface water or ground water to supplement the reclaimed water supply may be required by the appropriate water management district. A consumptive use permit from the water management district shall not be required at the time of application for a permit from the Department. The permittee shall be responsible for securing any needed consumptive use permits from the water management district before using ground water or surface water to supplement the reclaimed water supply.

(7) Facilities used to connect supplemental water supplies into the reclaimed water distribution system shall be located and documented in the record drawings for the reuse system.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 8-8-99, Amended 8-8-21, 2-26-25.

Fla. Admin. Code R. 62-610.473 Hydraulic Loading Rates

Loading rates generally shall be as specified in Rule 62-610.423, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.473, Amended 4-1-21.

Fla. Admin. Code R. 62-610.474 Monitoring of Ground Water

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.474, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.475 Edible Crops

(1) Irrigation of edible crops that will be peeled, skinned cooked or thermally processed before consumption is allowed. Direct contact of the reclaimed water with such edible crops is allowed.

(2) Irrigation of tobacco or citrus is allowed. Direct contact of the reclaimed water with tobacco or citrus is allowed, including citrus used for fresh table fruit, processing into concentrate, or other purposes.

(3) Irrigation of edible crops that will not be peeled, skinned, cooked, or thermally processed before consumption is allowed if an indirect application method that will preclude direct contact with the reclaimed water (such as ridge and furrow irrigation, drip irrigation, or a subsurface distribution system) is used.

(4) Irrigation of edible crops that will not be peeled, skinned, cooked or thermally processed before consumption using an application method that allows for direct contact of the reclaimed water on the crop is prohibited.

(5) The permittee shall maintain an inventory of commercial agricultural operations using reclaimed water to irrigate edible crops. An initial and updated inventory of edible crop irrigation shall be submitted to the Department at least 30 days before any agricultural operation which will use reclaimed water for irrigation of edible crops will be added to the reused system. The inventory of edible crop irrigation shall be submitted to the Department with the annual reuse report required by subsection 62-610.870(3), F.A.C. The inventory of edible crop irrigation shall include the following:

(a) Name of the agricultural operation.

(b) Name and telephone number of the owner or operator of the agricultural operation.

(c) Address of the agricultural operation.

(d) Edible crops irrigated with reclaimed water.

(e) Type of application (irrigation) method used.

(f) Approximate area under irrigation on which edible crops are grown.

(6) If requested, the Department shall authorize special demonstration projects to collect and present data related to the direct application of reclaimed water on crops which are not peeled, skinned, cooked, or thermally processed before consumption. Crops produced during such demonstration projects may be used as animal feeds or may be thermally processed or cooked for human consumption. If the applicant, based on the data collected, demonstrates to the Department that public health will be protected if their reclaimed water is directly applied to crops which are not peeled, skinned, cooked, or thermally processed, the Department shall waive the prohibition described in subsection 62-610.475(4), F.A.C., for that project. When considering such demonstration projects, the Department shall seek the advice of the Department of Health.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 9-13-89, Formerly 17-610.475, Amended 1-9-96, 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.476 Toilet Flushing and Fire Protection

(1) Toilet flushing.

(a) Reclaimed water may be used for toilet flushing in commercial or industrial facilities or buildings. Reclaimed water may be used for toilet flushing in motels, hotels, apartment buildings, and condominiums where the individual guests or residents do not have access to the plumbing system for repairs or modifications. Reclaimed water pipes shall be color coded. Reclaimed water shall not be used for toilet flushing in any residential property or dwelling unit where the residents have access to the plumbing system for repairs or modifications.

(b) If reclaimed water will be used only for toilet flushing, the Department shall approve alternative levels of reliability, operation controls, and operator attendance if the applicant provides an affirmative demonstration in the engineering report that alternative controls will provide controls on reclaimed water production equivalent to the full requirements of Part III of this chapter, and the engineering report presents reasonable assurances that public health will be protected. The engineering report shall document cross-connection control measures and controls on facility operation sufficient to ensure reliable production of reclaimed water of suitable quality.

(2) Fire protection.

(a) Reclaimed water may be used to provide water for fire protection. Reclaimed water may be supplied to fire hydrants. Hydrants supplied with reclaimed water shall be color coded and shall have no connection to the potable water supply.

(b) Reclaimed water may be used to provide water for fire protection in sprinkler systems located in commercial or industrial facilities or buildings. Reclaimed water may be used to provide water for fire protection in sprinkler systems located in motels, hotels, apartment buildings, and condominiums where the individual guests or residents do not have access to the plumbing system for repairs or modifications. Such sprinkler systems shall be color coded and shall be supplied only by reclaimed water.

(c) Fire protection systems using reclaimed water shall be designed and operated in accordance with local fire protection codes, regulations, or ordinances.

(d) If reclaimed water will be used only for fire protection, the Department shall approve alternative levels of reliability, operation controls, and operator attendance if the applicant provides an affirmative demonstration in the engineering report that alternative controls will provide controls on reclaimed water production equivalent to the full requirements of Part III of this chapter and the engineering report presents reasonable assurances that public health will be protected. The engineering report shall document cross-connection control measures and controls on facility operation sufficient to ensure reliable production of reclaimed water of suitable quality.

History

• Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.476, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.477 Fire Protection

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Amended 4-2-90, Formerly 17-610.477, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.478 Construction Dust Control

History

• Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.478, Repealed 2-16-12.

Fla. Admin. Code R. 62-610.479 Aesthetic Purposes

History

• Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.479, Amended 1-9-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-610.480 Other Reuse Applications

(1) The Department shall approve other uses and resultant discharges of reclaimed water if the following requirements are met:

(a) All requirements of Part III of this chapter are met; and,

(b) The engineering report provides reasonable assurance that the intended use will meet applicable rules of the Department and will protect the public health.

(2) Additional uses which are approved include the following provided resultant discharges meet applicable rules of the Department and will protect the public health:

(a) Water supply for commercial laundries;

(b) Vehicle washing;

(c) Flushing of sanitary sewers and reclaimed water lines;

(d) Mixing of concrete;

(e) Manufacture of ice for ice rinks;

(f) Cleaning roads, sidewalks, and outdoor work areas;

(g) Hydrostatic testing of force mains;

(h) Dust control at construction site; and

(i) Indoor or outdoor aesthetic purposes (e.g., decorative pools, fountains, ponds, lagoons, and other aesthetic features).

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-2-90, Formerly 17-610.480, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.490 Permitting Concept

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.490, Amended 1-9-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-610.491 Additional Operation and Maintenance Requirements

(1) In addition to the operation and maintenance requirements specified in Rule 62-610.320, F.A.C., and the engineering report requirements specified in Rule 62-610.310, F.A.C., the following requirements apply to reuse systems for irrigation in public access areas.

(a) The permittee shall develop and obtain Department approval of an operating protocol as discussed in Rules 62-610.320 and 62-610.463, F.A.C.

(b) The permittee shall develop and obtain Department acceptance for a cross-connection prevention and inspection program as discussed in Rule 62-610.469, F.A.C.

(c) As part of the permit application, the applicant shall submit documentation of controls on individual users of reclaimed water through detailed agreements (including copy of the agreement) or by local ordinance (include copy of appropriate ordinance).

(d) A pretreatment program shall be developed and implemented pursuant to Rule 62-610.330, F.A.C.

(2) For new reuse systems, items required by paragraphs 62-610.491(1)(a) and (b), F.A.C., shall be approved or accepted and implemented prior to placing the initial part, portion, or phase of the reuse system into operation.

PART IV RADID-RATE LAND APPLICATION SYSTEMS

(RAPID INFILTRATION BASINS AND ABSORPTION FIELDS)

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.491, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.500 Description of System

(1) Rapid infiltration basins (RIBs).

(a) Rapid infiltration basins involve reuse of reclaimed water by spreading in a system of basins, RIBs, percolation ponds (cells) which may be underlain with subsurface drains. The percolation area shall be divided into two or more basins, RIBs, or cells (each of which need not have identical size and shape) to allow for alternate loading and resting.

(2) Absorption fields.

(a) This method of land application involves reuse of domestic reclaimed water through discharge to absorption fields. This method involves high rates of application of reclaimed water and loading to subsurface absorption fields, and is distinguished from “drip” irrigation. Facilities shall be designed so that portions of the absorption field shall be isolated for alternate loading and resting without interrupting application of reclaimed water. The application/distribution system shall be designed with appropriate materials and dimensions compatible with the physical (particularly soil) conditions at the specific site.

(b) Absorption fields shall be designed to use the soil/plant overburden. They shall not be designed to have paved or impervious overburden surfaces. Systems designed with paved or impervious overburden surfaces shall meet the requirements of Rule 62-610.525, F.A.C. Particular attention shall be given to the reliability and flexibility of operating and maintaining the proposed application/distribution system as well as the level of preapplication treatment and surface drainage effects on the absorption fields.

(c) Absorption fields shall be designed and operated to preclude saturated conditions at the ground surface.

(3) Because of the somewhat limited ability of these systems to renovate reclaimed water, the permittee shall, in the engineering report, address (in detail) the ability of the proposed project to meet ground water criteria at the edge of the zone of discharge. Projects having hydrogeologic or other project characteristics unfavorable for achieving the combined objectives of wastewater renovation, effluent disposal or reuse of reclaimed water, and ground water protection shall meet the requirements of Rule 62-610.525, F.A.C. New rapid-rate land application projects involving continuous loading to a single basin, RIB, percolation cell, or absorption field shall meet the requirements in Rule 62-610.525, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.500, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.510 Waste Treatment, Disinfection, and Monitoring

(1) At a minimum, preapplication waste treatment shall result in a reclaimed water meeting secondary treatment and basic disinfection levels prior to spreading into the rapid infiltration basins or absorption field system. The nitrate concentration in the applied reclaimed water shall not exceed 12 mg/L (as nitrogen) unless reasonable assurance is provided in the engineering report that nitrate as measured in any hydraulically down-gradient monitoring well located at the edge of the zone of discharge established in accordance with Chapter 62-520, F.A.C., will not exceed 10 mg/L or background levels in the receiving ground water, whichever is less stringent. Design nitrate content of the reclaimed water prior to reuse shall be established by the permittee subject to Department approval. Additional treatment may be required as a result of the pond location, subsurface drainage, and hydraulic loading rate provisions contained below.

(2) For absorption field systems, the reclaimed water shall contain not more than 10 mg/L TSS prior to discharge to the application/distribution system, unless the absorption field and the application/distribution system have been designed to provide specific flexibility and reliability in operation and maintenance of the system. Alternatives to the specified TSS limitation shall be approved by the Department if the applicant provides an affirmative demonstration that the alternative control measure will ensure non-clogging of the system.

(3) Monitoring.

(a) Waste treatment limitations shall be met after disinfection and before discharge to holding ponds or to reuse systems.

(b) Requirements for ground water monitoring shall be as contained in Rule 62-610.412, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.510, Amended 1-9-96, 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.513 Monitoring of Reclaimed Water and Ground Water

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.513, Amended 1-9-96, Repealed 8-8-99.

Fla. Admin. Code R. 62-610.514 Storage Requirements

(1) System storage is not required for rapid-rate land application systems. However, it shall be demonstrated in the engineering report that percolation ponds (cells), rapid infiltration basins, or absorption fields will function adequately under high ground water conditions and that reclaimed water storage or other discharge provisions are not required.

(2) Where holding ponds are provided for reclaimed water storage, such ponds are subject to the requirements of Rule 62-610.414, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.514, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.515 Storage Pond Design and Operation

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.515, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.516 Emergency Discharge

Rapid infiltration basins or percolation ponds shall be designed to provide a minimum of three feet of freeboard in order to protect the integrity of pond embankments. Percolation ponds and rapid infiltration basins shall be provided with an emergency discharge device to prevent water levels from rising closer than one foot from the top of the embankment or berm. The overflow device shall have sufficient capacity to discharge potential excess flows. Disposition of the overflow shall be described in the engineering report and shown on the plans and shall be approved by the Department.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.516, Amended 1-9-96.

Fla. Admin. Code R. 62-610.517 Surface Runoff Control and Subsurface Drainage

(1) Surface runoff control.

(a) The land application site shall be designed to prevent the entrance of surface runoff. If necessary, berms shall be placed around the application area for this purpose. Provisions for on-site surface runoff control shall be described in the engineering report and subject to Department approval.

(b) The requirements of subsection 62-610.850(1), F.A.C., shall apply to discharges to surface waters from perimeter drainage features that collect reclaimed water after land application.

(c) Rapid-rate land application systems that result in the collection and discharge of more than 50 percent of the applied reclaimed water shall be considered as effluent disposal systems. This criterion shall be used solely to classify projects as “reuse” or “disposal.” This criterion in no way affects the requirements in paragraph 62-610.517(1)(b), F.A.C.

(2) Subsurface drainage.

(a) If subsurface drain systems are needed, they shall be designed in accordance with appropriate portions of paragraph 62-610.300(1)(c), F.A.C., concerning Natural Resources Conservation Service criteria for subsurface drains. The drainage system shall be designed so that the seasonal high water table is drawn down to a minimum of 36 inches below pond bottoms during resting periods. The requirements of subsection 62-610.850(1), F.A.C., shall apply to discharges to surface waters from the drainage system.

(b) Rapid-rate land application systems that result in the collection and discharge of more than 50 percent of the applied reclaimed water shall be considered as effluent disposal systems. This criterion shall be used solely to classify projects as “reuse” or “disposal.” This criterion in no way affects the requirements in paragraph 62-610.517(2)(a), F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.517, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.518 Access Control and Advisory Signs

(1) For all rapid-rate land application systems, appropriate advisory signs shall be posted around the site boundaries to designate the nature of the project area. Fencing around the entire site boundary is not required. Rapid infiltration basins, percolation ponds, or trenches, and storage ponds shall be enclosed with a fence or otherwise designed with appropriate features to discourage the entry of animals and unauthorized persons.

(2) The permittee may allow public access to absorption field sites.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.518, Amended 1-9-96.

Fla. Admin. Code R. 62-610.521 Setback Distances

(1) The permittee shall maintain setback distances between the wetted site area subject to land application and surface waters and potable water supply wells to ensure compliance with water quality and drinking water standards, and to protect the public health, safety and welfare. All systems shall be designed to minimize adverse effects resulting from noise, lighting, aerosol drift, and odors. Adequate site area shall be provided for operation and maintenance, and for controlling emergency discharges.

(2) A setback distance of 500 feet shall be provided from the edge of the rapid infiltration basin, percolation pond, basin, or trench embankments, or from the edge of an absorption field to potable water supply wells that are existing or have been approved by the Department or by the Department of Health (but not yet constructed); Class I surface waters; or Class II surface waters. The setback distance to Class I and II surface waters shall be reduced to 100 feet if high-level disinfection is provided. Setback distance requirements apply to all Class II waters, regardless of Department classification (such as open, closed, approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified). The setback distance to potable water supply wells, which are not potable water wells, as described in Rule 62-521.200, F.A.C., shall be reduced to 200 feet if all of the following requirements are met:

(a) Class I reliability is provided in accordance with subsection 62-610.462(1), F.A.C.;

(b) High-level disinfection is provided; and,

(c) The applicant provides information in the engineering report dealing with soils, hydrogeologic conditions, the depth and casing characteristics of such wells, proposed hydraulic loading rates, quality of reclaimed water, and expected travel time of the ground water to the potable water supply wells that provides reasonable assurance that applicable water quality standards will not be violated at the point of withdrawal.

(3) No setback distance is required to any nonpotable water supply well.

(4) Setback distances for potable water supply wells shall be applied only for new or expanded reuse facilities. Setback distances shall not be applied when considering renewal of a permit.

(5) Minimum setback distances to other classes of surface waters shall be sufficient to provide reasonable assurance of compliance with applicable water quality standards.

(6) A setback distance of at least 100 feet shall be maintained from the edge of the rapid infiltration basins, percolation pond, basin, or embankments, or absorption field to buildings that are not part of the treatment facility, utilities system, or municipal operations; or to the site property line.

(a) This on-site setback distance shall be reduced to 50 feet if the following requirements are met:

1. The reuse site is adjacent to a right-of-way,

2. The engineering report demonstrates that operation of the reuse system, including ground water mounding, will not adversely affect the intended use of the right-of-way; and,

3. Information in the engineering report dealing with soils, hydrogeologic conditions, proposed hydraulic loading rates, quality of reclaimed water, and expected travel time of ground water to the site property line provides reasonable assurance that applicable water quality standards will not be violated.

(b) This onsite setback distance shall be reduced to 25 feet if high-level disinfection is provided in addition to the requirements of paragraph 62-610.521(6)(a), F.A.C.

(c) This on-site setback distance shall be reduced to 50 feet if the following requirements are met:

1. High-level disinfection is provided; and,

2. Information in the engineering report dealing with soils, hydrogeologic conditions, proposed hydraulic loading rates, quality of reclaimed water, and expected travel time of ground water to the site property line provides reasonable assurance that applicable water quality standards will not be violated.

(7) A 100-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well and surface water intakes for a potable water supply. No setback distance is required to other potable water supply wells or to nonpotable water supply wells.

(8) The minimum setback distances described above shall only be used if, based on review of the soils and hydrogeology of the area, the proposed hydraulic loading rate, quality of the reclaimed water, expected travel time of the ground water to the potable water supply wells and surface waters, and similar considerations, there is reasonable assurance that applicable water quality standards will not be violated.

(9) For rapid infiltration basins, percolation ponds, basins, unlined storage ponds, and trenches, setback distances shall be measured beginning at the inside top of the berm surrounding the pond. For absorption fields, setback distances shall be measured from the outer-most edge of the absorption field trench.

(10) A 500-foot setback distance shall be provided from new unlined storage ponds to potable water wells, as described in Rule 62-521.200, F.A.C., and surface water intakes for a potable water supply.

(11) Unless specifically stated otherwise, all setback distances shall be measured horizontally.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.521, Amended 1-9-96, 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.522 Subsurface Drainage

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Amended 4-2-90, Formerly 17-610.522, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.523 Design and Operation Requirements

(1) Hydraulic loading rates shall be developed on the basis of representative percolation tests (drainfield percolation tests described in Chapter 64E-6, F.A.C., are inappropriate) which simulate actual loading conditions that will prevail during the design life of the rapid-rate system. This shall involve bench-scale or pilot-scale hydraulic testing with either the actual reclaimed water to be applied, or other water properly adjusted to correspond to the composition of the reclaimed water to be applied. The design loading rate shall allow for the expected gradual reduction in percolation rate due to long-term application of reclaimed water.

(2) The design hydraulic loading (and application) rate shall be related to the hydraulic conductivity and transmissivity and of the geologic formations at the project site which shall be evaluated in-depth by the permittee, with assistance from organizations or individuals qualified by training or experience in soil science, geology, and hydrology.

(3) Initial average annual hydraulic loading rates shall be limited to 3 inches per day, or 1.9 GPD/FT2, as an annual average where hydrogeologically feasible and as applied to the total bottom area of rapid infiltration basins, percolation cells, or absorption fields. For absorption fields, the bottom area shall be calculated by multiplying the bottom width of the absorption field trench by the length of the absorption field application/distribution lines. An applicant may request higher average annual loading rates based on justification provided in the engineering report, but such rates shall not exceed 9 inches per day (5.6 GPD/FT2), unless the requirements of Rule 62-610.525, F.A.C., are met. The average annual hydraulic loading rate shall be related to the clear water saturated vertical hydraulic conductivity for the most restrictive layer in the unconsolidated medium underlying the site. However, application rates during the loading cycle for individual rapid infiltration basins, percolation cells, or portions of the absorption field comprising the system will depend on the average annual hydraulic loading rate and the loading/resting cycle for the system. Application rates during the loading cycle shall be conservative and shall not exceed 25 percent of the documented vertical hydraulic conductivity, as described above, to control ground water mounding and ensure hydraulic performance of the system. Application rates during the loading cycle may exceed the maximum average annual hydraulic loading rates specified above. Justification for the use of selected design hydraulic criteria shall be required in the engineering report. These design criteria shall be based on the pollutant load in the reclaimed water to be applied, the characteristics of the underlying soil and aquifer system, loading and resting cycles to be used, and other process design considerations (including denitrification reactions that may be incorporated into the facility’s design).

(4) Hydraulic loading and resting cycles shall be developed so as to restore operating percolation rates of the pond system to design levels by the end of the resting period. Hydraulic loading periods of 1-7 days with resting periods of 5-14 days to dry the cell bottoms and enable scarification or removal of deposited solids are required. Design loading and resting cycles and other maintenance measures required to ensure system performance shall be described in the engineering report. Systems which achieve restoration of design operating percolation rates on a diurnal cycle shall meet the requirements of Rule 62-610.525, F.A.C. Loading and resting cycles are required for absorption fields. Loading and resting periods for absorption fields may vary from the requirements for rapid infiltration basins, if the applicant provides an affirmative demonstration that the alternative loading and resting cycle will enable compliance with the ground water criteria at the edge of the zone of discharge.

(5) A ground water mounding analysis based on site-specific information shall be included in the engineering report. This analysis shall demonstrate acceptable long-term hydraulic performance of the system. The ground water mounding analysis shall demonstrate that the ground water mound will not intercept the ground surface during any portion of the loading cycle during any time of the year. The ground water mounding analysis shall demonstrate that increases in ground water elevations shall not interfere with reasonable uses of adjacent properties.

(6) Rapid infiltration basins, percolation ponds, basins, trenches, or cells shall be routinely maintained to control vegetation growth and to maintain percolation capability by scarification or removal of deposited solids.

(7) Rapid infiltration basin, percolation pond, and trench bottoms shall be designed, constructed, and maintained to be level.

(8) Provisions shall be made in the design to ensure reasonably uniform distribution of reclaimed water across the entire bottom area of rapid infiltration basins, percolation ponds, basins, or cells. Multiple discharge points (normally three or less) may be needed to accomplish this. Elaborate sprinkler distribution systems shall not be required for rapid infiltration basins. Absorption fields shall be designed and constructed to ensure reasonably uniform distribution of reclaimed water across each portion of the absorption field system.

(9) The physical characteristics of unconsolidated materials overlying the bedrock shall be such that direct rapid movement (short-circuit) of the applied reclaimed water to underlying aquifers does not occur, unless the requirements of Rule 62-610.525, F.A.C., are met.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.523, Amended 1-9-96, 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.524 Monitoriing of Ground Water

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.524, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.525 Projects Involving Additional Levels of Preapplication Treatment

(1) Rule 62-610.525, F.A.C., applies to the following types of new, rapid-rate, land application projects, for which complete permit applications were received by the Department on or after January 1, 1996:

(a) Projects located over Class F-I, G-I, or G-II ground waters in aquifers used for public water supply, which are unconfined and have highly permeable soil types such that rapid movement of reclaimed water into the aquifer will occur.

(b) Projects located over Class F-I, G-I, or G-II ground waters in aquifers used for public water supply, which are located in karst areas having solution features or fractures such that rapid movement of reclaimed water into the aquifer will occur.

(c) Projects designed for continuous loading to a single rapid infiltration basin, percolation pond, cell, or absorption field. This also includes projects having multiple rapid infiltration basins, percolation ponds, cells, or portions of absorption fields, which are continuously loaded or are never allowed to dry or are unable to dry.

(d) Projects having rapid infiltration basins, percolation ponds, cells, or absorption field application distribution systems which are excavated into the receiving ground water.

(e) Projects involving average annual loading rates greater than 9 inches per day.

(2) Rule 62-610.525, F.A.C., also shall apply to existing projects which are being expanded or modified; however, these rule requirements shall apply only to the expanded or modified portion of the project.

(3) In accordance with Rule 62-610.100, F.A.C., the Secretary or the Secretary’s designee may apply the requirements in Rule 62-610.525, F.A.C., to existing, rapid-rate land application facilities where violations of permit conditions or water quality standards have occurred to ensure future compliance with permit conditions and water quality standards.

(4) Projects permitted under this section shall be considered as reuse for ground water recharge.

(5) Preapplication waste treatment shall result in a reclaimed water that meets, at a minimum, secondary treatment and high-level disinfection. The reclaimed water shall not contain more than 5.0 mg/L of total suspended solids before application of the disinfectant.

(6) Filtration shall be provided for total suspended solids control. Chemical feed facilities for coagulants, coagulant aids, or polyelectrolytes shall be provided. Such chemical feed facilities may be idle if the reclaimed water limitations are being achieved without chemical addition. Filtration is an important component of the wastewater treatment facility. By removing TSS before disinfection, filtration serves to increase the ability of the disinfection process to inactivate virus and other pathogens. Filtration also serves as the primary barrier for removal of protozoan pathogens (Cryptosporidium, Giardia, and others). Addition of chemical coagulants generally increases the effectiveness of pathogen removal.

(7) Total nitrogen shall be limited to 10 mg/L as nitrogen as a maximum annual average. Monthly average and single sample maximum permit limitations shall be established using the multipliers in subparagraph 62-600.740(2)(b)2., F.A.C.

(8) Drinking water standards.

(a) Wastewater treatment facilities shall be designed and operated to meet the primary and secondary drinking water standards established in Rules 62-550.310 and 62-550.320, F.A.C.

1. The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limits. The primary drinking water standards for asbestos and bacteriological parameters shall not apply. The primary drinking water standard for sodium shall be applied as a maximum annual average permit limitation. The multipliers in subparagraph 62-600.740(2)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits for sodium.

2. Except for pH, the parameters listed as secondary drinking water standards shall be applied as maximum annual average permit limits. The multipliers established in subparagraph 62-600.740(2)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits.

3. The secondary drinking water standard for fluoride shall be used in establishing permit limits, as described in subparagraph 62-610.525(8)(a)2., F.A.C.

4. All pH observations in the reclaimed water shall fall within the pH range established in the secondary drinking water standards.

5. The reclaimed water shall be sampled for the parameters listed as primary or secondary drinking water standards as follows:

a. Parameters listed as primary drinking water standards that are imposed as reclaimed water limits shall be analyzed monthly. After the first three months, the Department shall reduce the monitoring frequency if the applicant provides an affirmative demonstration that reclaimed water limits and ground water standards will be met and that public health will be protected. In no case shall the frequency of this monitoring be reduced below quarterly.

b. Parameters listed as secondary drinking water standards that are imposed as reclaimed water limits shall be analyzed quarterly. After the first year, the Department shall reduce the monitoring frequency if the applicant provides an affirmative demonstration that reclaimed water limits and ground water standards will be met and that public health will be protected. In no case shall the frequency of this monitoring be reduced below annually. The pH of the reclaimed water shall be analyzed daily.

c. Except for pH, twenty-four hour composite samples shall be used to analyze the reclaimed water for parameters listed as primary or secondary drinking water standards.

(b) The Department shall approve less restrictive discharge limits for parameters which are included as primary or secondary drinking water standards under any of the following circumstances:

1. The applicant provides an affirmative demonstration in the engineering report that a zone of discharge is appropriate and that the corresponding ground water standards contained in Chapter 62-520, F.A.C., will be met at the edge of the zone of discharge.

2. The applicant provides an affirmative demonstration in the engineering report that the receiving ground water does not meet ground water standards. For the affected parameters, the Department shall establish reclaimed water discharge limits at the level occurring in the receiving ground water.

3. An aquifer exemption has been granted, as provided in subsection 62-528.300(3), F.A.C.

4. A parameter exemption has been granted, as provided in Rule 62-520.500, F.A.C.

(c) If the Department establishes alternative discharge limits in accordance with paragraph 62-610.525(8)(b), F.A.C., the alternative limit shall serve as the single sample maximum permit limit.

(9) Class I reliability as described in paragraph 62-610.300(1)(a), F.A.C., shall be provided. The Department shall approve alternative levels of treatment facility reliability if the permittee provides reasonable assurances in the engineering report that the facility will provide a level of reliability equivalent to Class I reliability. Class I reliability shall not be required if a permitted alternate treatment or discharge system exists which has sufficient capacity to handle any reclaimed water flows which do not meet the performance criteria for the reuse system.

(10) A ground water monitoring plan meeting the requirements of Rule 62-520.600, F.A.C., is required. A proposed monitoring plan shall be included in the engineering report. Approval of the monitoring plan by the Department shall be a prerequisite for issuance of the initial permit.

(11) Setback distances shall be as established in Rule 62-610.521, F.A.C.

(12) A pretreatment program shall be prepared and implemented in accordance with Rule 62-610.330, F.A.C., for domestic wastewater treatment facilities which have permitted capacities of 0.1 mgd or larger and discharge all or part of their reclaimed water to rapid-rate land application systems regulated under Rule 62-610.525, F.A.C.

(13) The permittee shall sample the reclaimed water for Cryptosporidium and Giardia. The following requirements shall be met:

(a) Sampling shall be conducted once every two years. Intervals between sampling shall not exceed two years. The sample results shall be submitted to the Department on or before November 20 of each even numbered year using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

(b) Samples shall be taken at a point immediately following the disinfection process.

(c) Samples shall be taken during peak flow periods between the months of August and October.

(d) If the wastewater treatment facility uses chlorination for disinfection, samples collected for analysis of Giardia and Cryptosporidium shall be dechlorinated.

(e) A grab sample for TSS shall be taken such that it is representative of the water leaving the filters at the treatment facility during the period when pathogen samples are taken. In addition, the permittee shall record the lowest total residual chlorine observed during the period when pathogen samples are collected.

(f) EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or other approved methods in accordance with Rule 62-160.330, F.A.C., for reclaimed water or nonpotable waters, adjusted appropriately to accommodate the detection limit requirements, shall be used. Methods previously allowed for EPA’s ICR shall not be used. The full requirements of the approved method, including quality assurance and quality control, are to be met. Quality assurance and sampling requirements of Chapter 62-160, F.A.C., shall apply.

Two concentrations of Giardia and Cryptosporidium shall be recorded on Part III of Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

1. Total cysts and oocysts shall be enumerated using EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or other approved methods in accordance with Rule 62-160.330, F.A.C.

2. Potentially viable cysts and oocysts shall be enumerated using the DAPI staining technique contained in EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or similar enumeration techniques included in other approved methods. Cysts and oocysts that are stained DAPI positive or show internal structure by D.I.C. shall be considered as being potentially viable. If the laboratory reports separate values for DAPI positive and for cysts or oocysts having internal structure, the larger of the two concentrations will be reported as being potentially viable.

(g) If the number of potentially viable cysts of Giardia reported exceeds 5 per 100 liters or oocysts of Cryptosporidium reported exceeds 22 per 100 liters, a subsequent sample shall be taken and analyzed using EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or other approved methods in accordance with Rule 62-160.330, F.A.C. This subsequent sample shall be collected within 90 days of the date the initial sample was taken, analyzed for both Giardia and Cryptosporidium, and the results of the subsequent analysis shall be submitted to the Department within 60 days of sample collection using the Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

PART V GROUND WATER RECHARGE AND SURFACE WATER DISCHARGES

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.525, Amended 1-9-96, 8-8-99, 8-8-21, 2-26-25.

Fla. Admin. Code R. 62-610.550 Description of System

(1) Ground water recharge.

(a) This type of reuse system involves the planned use of reclaimed water to augment Class F-I, G-I, or G-II ground waters. Types of ground water recharge systems include:

1. Injection of reclaimed water into Class F-I, G-I, or G-II ground waters, as described in Rule 62-610.560, F.A.C.

2. Rapid-rate land application systems, as described and regulated by Part IV of this chapter.

3. Use of reclaimed water to create barriers to the landward or upward migration of salt water within Class F-I, G-I, or G-II ground waters, as described in Rule 62-610.562, F.A.C. Rapid-rate land application or injection facilities may be used for salinity barrier control.

4. Discharge to surface waters which are directly connected to Class F-I, G-I, or G-II ground waters, as described in Rule 62-610.555, F.A.C.

(b) Before applying for a proposed ground water recharge or salinity barrier project, the applicant shall comply with the public notification requirements applicable pursuant to subsection 62-610.574(4)(d), F.A.C.

(c) Applications proposing ground water recharge or salinity barrier projects shall be submitted to both the Department and the appropriate water management district.

(2) Potable reuse. This type of reuse system involves both direct and indirect potable reuse, as defined in Rule 62-565.200, F.A.C., and is regulated under Chapter 62-565, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.550, Amended 1-9-96, 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.552 Effective Date

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 1-9-96, Repealed 8-8-99.

Fla. Admin. Code R. 62-610.553 Minimum System Size

Reclaimed water from treatment facilities with a design average daily flow of less than 0.1 mgd shall not be used for ground water recharge under the provisions of Part V of this chapter.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.554 Discharge to Class I Surface Waters

(1) Discharge to Class I waters is allowed.

(2) Discharge of reclaimed water to wetlands located within Class I surface waters is allowed, if the requirements of Chapter 62-611, and this part of Chapter 62-610, F.A.C., are met.

(3) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C. The reclaimed water shall meet the drinking water standards as described in paragraph 62-610.563(3)(b), F.A.C. The disinfection standards in sub-subparagraph 62-610.563(3)(b)1.a., F.A.C., shall govern. The fecal coliform limitations associated with high-level disinfection shall not apply. If the ambient water quality in the receiving Class I water does not meet the drinking water standards, the Department shall establish alternate reclaimed water limits at the level in the receiving water. In no case shall the alternate limits exceed the Class I water standards. Alternative limits will be applied as single sample maxima. Total organic carbon (TOC) shall not exceed 3.0 mg/L as the monthly average limitation. No single sample shall exceed 5.0 mg/L.

(4) Discharges to surface waters shall meet reclaimed water or effluent limits established by procedures contained in Chapter 62-650, F.A.C., and the requirements of the antidegradation policy contained in Rules 62-4.242 and 62-302.300, F.A.C.

(5) No mixing zones shall be allowed.

(6) The reclaimed water shall be sampled and analyzed for TOC in accord with subsection 62-610.568(5), F.A.C.

(7) Limited wet weather discharges permitted in accordance with Rule 62-610.860, F.A.C., shall not be subject to the requirements of this rule.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.555 Discharge to Other Surface Waters

(1) Discharge to waters contiguous to or tributary to Class I waters.

(a) For purposes of this paragraph, discharge to waters contiguous to or tributary to Class I waters shall be defined as a discharge located less than or equal to four hours travel time from the point of discharge to arrival at the boundary of the Class I water. Travel time determinations shall be based upon the expected flow of the receiving water during the wettest month of the year with the discharge activated. The travel time shall be documented in the engineering report.

(b) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C. The reclaimed water shall meet the drinking water standards as described in paragraph 62-610.563(3)(b), F.A.C. The disinfection standards in sub-subparagraph 62-610.563(3)(b)1.a., F.A.C., shall govern. The fecal coliform limitations associated with high-level disinfection shall not apply. If the ambient water quality in the receiving Class I water does not meet the drinking water standards, the Department shall establish alternate reclaimed water limits at the level in the receiving water. In no case shall the alternate limits exceed the Class I water standards. Alternate limits will be applied as single sample maxima. Total organic carbon (TOC) shall not exceed 3.0 mg/L as the monthly average limitation. No single sample shall exceed 5.0 mg/L.

(c) Discharge of reclaimed water or effluent to waters contiguous to or tributary to Class I waters shall be in accordance with Chapter 62-650, F.A.C. Discharges shall meet the requirements of the antidegradation policy contained in Rules 62-4.242 and 62-302.300, F.A.C.

(d) Mixing zones shall not extend into Class I waters.

(e) The reclaimed water shall be sampled and analyzed for TOC in accord with subsection 62-610.568(4), F.A.C.

(2) Discharge upstream of Class I waters.

(a) For purposes of this paragraph, discharge to waters upstream of Class I waters shall be defined as a discharge located greater than 4 hours and less than or equal to 24 hours travel time from the point of discharge to arrival at the boundary of the Class I water. Travel time determinations shall be based upon the expected flow of the receiving water during the wettest month of the year with the discharge activated. The travel time shall be documented in the engineering report.

(b) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C.

(c) Discharge of reclaimed water or effluent upstream of Class I waters shall be in accordance with Chapter 62-650, F.A.C. Discharges shall meet the requirements of the antidegradation policy contained in Rules 62-4.242 and 62-302.300, F.A.C.

(3) Discharges located greater than 24 hours travel time to Class I waters are not subject to regulation under Chapter 62-610, F.A.C.

(4) Discharge to other surface waters which are directly connected to Class F-I, G-I, or G-II ground waters.

(a) Discharge of reclaimed water or effluent to surface waters which are directly connected to Class F-I, G-I, or G-II ground water is allowed.

(b) An example of a surface water directly connected to ground water is a canal in Southeast Florida which is an extension of the Biscayne Aquifer.

(c) A wetlands or other surface water which may recharge an underlying aquifer through percolation downward through unconsolidated material shall not be considered as being directly connected to ground water for purposes of this paragraph. Discharges to wetlands are subject to the requirements of Chapter 62-611, F.A.C. Discharges to other surface waters are subject to the requirements of Chapter 62-650, F.A.C. Discharge to a wetlands or other surface water which recharges ground water through vertical percolation also are subject to regulation under the ground water rules in Chapter 62-520, F.A.C. These surface water discharges are not subject to regulation under Chapter 62-610, F.A.C.

(d) Discharge to a surface water which is directly connected to ground water shall be considered as a ground water recharge system if the applicant provides an affirmative demonstration of the following in the engineering report:

1. The existence of a direct connection between the surface water and ground water,

2. Discharge of reclaimed water to the surface water will serve to recharge the ground water; and,

3. The existence of a need to replenish the ground water supply in the area.

(e) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C.

(f) Discharges to surface waters shall meet reclaimed water or effluent limits established by procedures contained in Chapter 62-650, F.A.C. Discharge limits shall be established to ensure that ground water quality criteria established in Chapter 62-520, F.A.C., will be met at the point or points where the surface water enters the ground water system. These surface water discharges shall meet the requirements of the antidegradation policy contained in Rules 62-4.242 and 62-302.300, F.A.C.

(5) Limited wet weather discharges permitted in accordance with Rule 62-610.860, F.A.C., shall not be subject to the requirements of this rule.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.556 Land Application

It is recognized that land application projects can and do recharge ground water and can be used to augment ground waters used for potable purposes. Land application systems are regulated by Parts II, III, IV, and VI of this chapter. As a result, land application projects are not subject to regulation under Part V of this chapter.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 4-1-21.

Fla. Admin. Code R. 62-610.560 Ground Water Recharge by Injection

(1) Injection of reclaimed water into Class F-I, G-I, or G-II ground water shall be considered as ground water recharge.

(2) Reclaimed water injected into Class G-II ground water containing 3000 mg/L or less of total dissolved solids or into Class G-I or F-I ground water shall meet the full treatment and disinfection requirements contained in subsection 62-610.563(3), F.A.C.

(3) Reclaimed water may be injected into Class G-II ground water containing greater than 3000 mg/L of total dissolved solids, if the following conditions are met:

(a) The reclaimed water shall meet the principal treatment and disinfection requirements contained in subsection 62-610.563(2), F.A.C.

(b) The reclaimed water does not have to comply with the secondary drinking water standards before injection. A zone of discharge, as described in Rule 62-520.465, F.A.C., shall be provided for the parameters included in the secondary drinking water standards and for sodium. The ground water shall meet all ground water quality standards at the edge of the zone of discharge. If the natural background ground water quality does not meet the ground water quality standards, the injection system shall be operated such that the ground water quality will be no worse than the natural background ground water quality at the edge of the zone of discharge.

(c) The zone of discharge shall not extend into zones having TDS concentrations less than 3000 mg/L (based on the initial TDS characterization in the initial engineering report and information submitted after the submittal of the initial engineering report).

(4) All injection projects shall comply with the technical and permitting requirements in Chapter 62-528, F.A.C., and shall obtain an underground injection control construction and operation permit, as appropriate, in addition to any permits required under Chapters 62-610 and 62-620, F.A.C.

(5) The Department shall approve less restrictive discharge limitations for parameters which are included as drinking water standards in either of the following circumstances:

(a) An aquifer exemption has been granted, as provided in subsection 62-528.300(3), F.A.C.

(b) A parameter exemption has been granted, as described in Rule 62-520.500, F.A.C.

(6) If the Department establishes alternative discharge limitations in accordance with subsection 62-610.560(5), F.A.C., the alternative limit shall be applied as a single sample maximum.

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.859 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.859 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.560, Amended 1-9-96, 8-8-99, 8-8-21.

Fla. Admin. Code R. 62-610.562 Salinity Barrier Systems

(1) Reclaimed water may be used in compliance with this rule to create fresh water barriers to impede landward or upward migration of salt water into Class F-I, G-I, or G-II ground waters.

(2) If rapid-rate land application systems are used to create such barriers, the requirements in Part IV of this chapter shall apply. Rapid-rate land application systems are not subject to regulation under Part V of this chapter.

(3) Except as provided in subsection 62-610.562(4), F.A.C., if injection systems are used, the requirements of Rule 62-610.560, F.A.C., shall apply.

(4) Salinity barrier systems involving injection to Class G-II ground water containing 1000 to 3000 mg/L of total dissolved solids. Treatment requirements specified in subsection 62-610.560(3), F.A.C., shall apply to this case, if all of the following conditions are met:

(a) In the engineering report, the applicant provides an affirmative demonstration that the receiving ground water within 1,000 feet of the salinity barrier injection well is not currently used as a source of public water supply and that the receiving ground water within this area is not reasonably expected to be used for public water supply in the future.

(b) In the engineering report, the applicant provides an affirmative demonstration of the need to control the landward or upward migration of salt water and the ability of the proposed project to retard the landward or upward migration of salt water.

(c) A setback distance of 1,000 feet shall be maintained from the injection well to potable water supply wells.

(d) The injection system shall be designed and operated to preclude movement of the injected reclaimed water to potable water supply wells with subsequent withdrawal of reclaimed water at the potable water supply wells.

(e) The zone of discharge shall not extend into zones having TDS concentrations less than 1000 mg/L (based on the initial TDS characterization in the initial engineering report and information submitted after the submittal of the initial engineering report).

(5) The Department shall approve less restrictive discharge limitations for parameters which are included as drinking water standards in either of the following circumstances:

(a) An aquifer exemption has been granted, as provided in subsection 62-528.300(3), F.A.C.

(b) A parameter exemption has been granted, as described in Rule 62-520.500, F.A.C.

(6) If the Department establishes alternative discharge limitations in accordance with subsection 62-610.560(5), F.A.C., the alternative limit shall be applied as a single sample maximum.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99, 8-8-21.

Fla. Admin. Code R. 62-610.563 Waste Treatment and Disinfection

(1) Rule 62-610.563, F.A.C., defines two levels of treatment and disinfection: “principal treatment and disinfection,” and “full treatment and disinfection.” These two levels of treatment and disinfection, or specific components of these levels of treatment and disinfection, shall be applied to ground water recharge. Treatment and disinfection requirements for potable reuse projects are established in Chapter 62-565, F.A.C.

(2) Principal treatment and disinfection requirements.

(a) Preapplication waste treatment shall result in a reclaimed water that meets, at a minimum, secondary treatment and high-level disinfection. The reclaimed water shall not contain more than 5.0 mg/L of total suspended solids before application of the disinfectant.

(b) Filtration shall be provided for total suspended solids control. Chemical feed facilities for coagulants, coagulant aids, or polyelectrolytes shall be provided and maintained. Such chemical feed facilities may be idle if the reclaimed water limitations are being achieved without chemical addition. Filtration is an important component of the wastewater treatment facility. By removing TSS before disinfection, filtration serves to increase the ability of the disinfection process to inactivate virus and other pathogens. Filtration also serves as the primary barrier for removal of protozoan pathogens (Cryptosporidium, Giardia, and others). Addition of chemical coagulants generally increases the effectiveness of pathogen removal.

(c) Total nitrogen shall be limited to 10 mg/L as nitrogen as a maximum annual average limitation. Monthly average and single sample permit limitations shall be established using the multipliers in subparagraph 62-600.740(2)(b), F.A.C. For surface water discharges, WQBELs established under Chapter 62-650, F.A.C., may place additional limitations on nitrogen or other parameters.

(3) Full treatment and disinfection requirements.

(a) For non-potable reuse projects, principal treatment and disinfection requirements described in subsection 62-610.563(2), F.A.C., shall apply, unless they are less stringent than the requirements for full treatment and disinfection.

(b) Drinking water standards.

1. Wastewater treatment facilities shall be designed and operated to meet the primary and secondary drinking water standards established in Rules 62-550.310 and 62-550.320, F.A.C.

a. The parameters listed as primary drinking water standards shall be applied as maximum single sample permit limits. The primary drinking water standard for asbestos shall not apply. The primary drinking water standards for total coliform shall be applied as the disinfection standard as described in subsection 62-550.310(3), F.A.C., except that public notification requirements shall not apply. The primary drinking water standard for sodium shall be applied as a maximum annual average permit limitation. The multipliers established in subparagraph 62-600.740(2)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits for sodium.

b. Except for pH, the parameters listed as secondary drinking water standards shall be applied as maximum annual average permit limits. The multipliers established in subparagraph 62-600.740(2)(b)2., F.A.C., shall be used to establish maximum monthly and single sample maximum permit limits.

c. All pH observations in the reclaimed water shall fall within the pH range established in the secondary drinking water standards.

(c) Additional reductions of pollutants which otherwise would be discharged in quantities which would reasonably be anticipated to pose risk to public health because of acute or chronic toxicity shall be required.

(d) Total organic carbon (TOC) shall not exceed 3.0 mg/L as the monthly average limitation. No single sample shall exceed 5.0 mg/L.

(e) Total organic halogen (TOX) shall not exceed 0.2 mg/L as the monthly average limitation. No single sample shall exceed 0.3 mg/L.

(4) Treatment and disinfection requirements imposed by Rule 62-610.563, F.A.C., are additive to other effluent or reclaimed water limitations imposed by other rules (such as WQBEL limits designed to protect surface water quality, which are imposed by Chapter 62-650, F.A.C.).

(5) All ground water recharge projects regulated by Part V of this chapter shall implement pretreatment programs in accordance with Rule 62-610.330, F.A.C.

(6) For injection projects requiring full treatment and disinfection, the Department shall approve alternative TOC and TOX limitations or shall approve inclusion of treatment technologies provided at the point of ground water withdrawal as part of the multiple barriers required by paragraph 62-610.563(3)(f), F.A.C., if the applicant provides an affirmative demonstration of all of the following in the engineering report:

(a) All withdrawals of ground water for potable purposes within one mile of the injection well are owned and operated by the applicant.

(b) Other parties are legally prohibited from installing or operating potable water supply wells within one mile of the injection well.

(c) Treatment provided on water supply wells within one mile of the injection well includes reverse osmosis or other processes that will serve as barriers for control of organic compounds or pathogens.

(d) The integrated treatment and disinfection system (wastewater treatment facilities and water treatment facilities) provides a level of public health protection equivalent to the full treatment and disinfection requirements in subsection 62-610.563(3), F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.563, Amended 1-9-96, 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.564 Pilot Testing Program For Non-Potable Reuse Projects

(1) Pilot testing is required for all projects that are required to provide full treatment and disinfection, as described in subsection 62-610.563(3), F.A.C.

(2) The pilot testing program shall be designed to demonstrate the ability of the selected treatment processes to meet the requirements of Part V of this chapter. Pilot testing shall be done using wastewater/reclaimed water.

(3) The pilot testing program shall accumulate 12 months of data.

(4) The pilot testing program shall include the following:

(a) An affirmative demonstration that the treatment and disinfection processes proposed for inclusion in the wastewater treatment facility are capable of meeting the full treatment and disinfection requirements contained in subsection 62-610.563(3), F.A.C., and that the reclaimed water will be of sufficient quality to protect public health and environmental quality.

(b) An evaluation of Enterovirus, Cryptosporidium, Giardia, and helminths in order to demonstrate that the wastewater treatment facilities are capable of producing a reclaimed water that is pathogen free (concentrations of pathogens are less than detection).

(c) Results of a biological testing procedure approved by the Department to determine the mutagenicity of the reclaimed water.

(5) The Department shall approve reductions in the duration or scope of the pilot testing program if all of the following conditions are met:

(a) The applicant provides a detailed plan of study for the Department’s review before initiating the pilot testing program.

(b) The detailed plan of study provides an affirmative demonstration that a shorter duration study or reduced scope of study will be sufficient to demonstrate the ability of the proposed treatment processes to meet the reclaimed water limitations and to demonstrate the public health and environmental safety of the reclaimed water to be produced. Results of previous pilot testing programs and operating experience at similar water reclamation and reuse projects may be used as part of the demonstration.

(6) Pilot testing requirements for potable reuse projects are established in Chapter 62-565, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.564, Amended 1-9-96, 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.565 Pretreatment Program

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.565, Amended 1-9-96, Repealed 8-8-99.

Fla. Admin. Code R. 62-610.567 Reliability and Operator Staffing

(1) A minimum of Class I reliability, as described in paragraph 62-610.300(1)(a), F.A.C., shall be provided at all domestic wastewater treatment facilities providing reclaimed water for ground water recharge and i surface water discharges, which are regulated by Part V of this chapter. In addition to the rules set forth in Chapters 62-600, 62-610 and 62-625, F.A.C., the requirements in Chapter 62-565, F.A.C., shall apply when reclaimed water is used as a water source for a potable reuse system.

(a) The Department shall approve alternative levels of treatment facility reliability if the applicant provides reasonable assurances in the engineering report that the facility will provide a level of reliability equivalent to Class I reliability. Class I reliability shall not be required if a permitted alternate treatment or discharge system exists which has sufficient capacity to handle any reclaimed water flows which do not meet the performance criteria established for the reuse system.

(b) Deviations in the Class I reliability requirements, as described in paragraph 62-610.567(1)(a), F.A.C., shall not be allowed for water reclamation facilities for which full treatment and disinfection are required.

(2) The engineering and instrumentation design for the wastewater treatment facilities that are required to meet full treatment and disinfection shall include fail safe “lock-out” capabilities which will ensure that operational problems jeopardizing the quality of the reclaimed water will result in immediate shut-down or diversion of potentially unacceptable quality water. The operating protocol shall require positive operator verification that the problem has been corrected before reclaimed water will be allowed to be sent to system storage or to the reuse system. The following parameters shall be subject to the fail safe “lock-out” provisions:

(a) Turbidity.

(b) Chlorine residual (or other disinfectant dose or residual).

(c) Failure of the chlorination (or other disinfection) system to deliver the disinfectant.

(d) Failure to meet the chlorine contact time requirements.

(e) Failure to feed coagulant, while the chemical feed system is activated.

(3) Except as provided in subsection 62-610.567(4), F.A.C., domestic wastewater treatment facilities which are not required to provide full treatment and disinfection shall be staffed by a Class C or higher operator 24 hours per day, 7 days per week. The lead/chief operator shall be at minimum Class B, or higher if required by Chapter 62-699, F.A.C.

(4) The minimum staffing requirement at the wastewater treatment facility shall be reduced to staffing by a Class C or higher operator 6 hours per day, 7 days per week, unless Chapter 62-699, F.A.C., requires additional operator presence or a higher level of operator. The lead/chief operator shall be at minimum Class C, or higher if required by Chapter 62-699, F.A.C. This minimum staffing requirement shall be allowed only in conjunction with at least one of the following:

(a) Diversion of acceptable quality reclaimed water to the reuse system only during periods of operator presence.

(b) Other provisions for increased reliability.

(5) Domestic wastewater treatment facilities which are required to provide full treatment and disinfection shall be staffed by a Class C or higher operator 24 hours per day, 7 days per week. The lead/chief operator shall be at minimum Class A. No reductions in this operator staffing requirement shall be allowed.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.567, Amended 1-9-96, 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.568 Monitoring and Operating Protocol

(1) Only acceptable quality reclaimed water shall be discharged to reuse systems regulated under Part V of this chapter.

(2) Reclaimed water limitations shall be met before injection to ground water or discharge to surface waters. For projects requiring high-level disinfection, the TSS limitation shall be achieved before disinfection, regardless of the actual reclaimed water compliance monitoring location.

(3) The treatment facility shall include continuous on-line monitoring for turbidity before application of the disinfectant. Continuous monitoring for total residual chlorine or for residual concentrations of other disinfectants, if used, shall be provided at the compliance monitoring point. Instruments for continuous on-line monitoring shall be equipped with an automated data logging or recording device. Continuous online monitoring instruments shall be calibrated according to the requirements of Chapters 62-160 and 62-600, F.A.C. Continuous online monitoring instruments shall be maintained according to the manufacturer’s operation and maintenance instructions.

(4) Treatment facilities designed to meet the full treatment and disinfection requirements shall have the reclaimed water sampled and analyzed for TOC and TOX daily, seven days per week.

(5) Treatment facilities that are required to meet the drinking water standards shall sample the reclaimed water for parameters regulated as drinking water standards as follows:

(a) If the treatment facility is required to meet the bacteriological requirements of the drinking water standards, total coliforms and total suspended solids shall be analyzed daily.

(b) Parameters listed as primary drinking water standards that are imposed as reclaimed water limits shall be analyzed monthly. After the first year, the Department shall reduce the monitoring frequency if the applicant provides an affirmative demonstration that reclaimed water limits and ground water standards will be met and that public health will be protected. In no case shall the frequency of this monitoring be reduced below quarterly.

(c) Parameters listed as secondary drinking water standards that are imposed as reclaimed water limits shall be analyzed quarterly. After the first year, the Department shall reduce the monitoring frequency if the applicant provides an affirmative demonstration that reclaimed water limits and ground water standards will be met and that public health will be protected. In no case shall the frequency of this monitoring be reduced below annually. The pH of the reclaimed water shall be analyzed daily.

(d) Except for total coliforms and pH, twenty-four hour composite samples shall be used to analyze the reclaimed water for parameters listed as primary or secondary drinking water standards.

(6) Other reclaimed water monitoring shall meet the requirements of Chapter 62-600, F.A.C.

(7) In accordance with Rule 62-610.320, F.A.C., the permittee shall develop, and the Department shall approve, an operating protocol designed to ensure that the reclaimed water limitations will be met before the reclaimed water is released to the reuse system. For treatment facilities required to provide full treatment and disinfection, the operating protocol shall include monitoring and control of key treatment processes for removal of organic compounds required by subsection 62-610.563(3), F.A.C., and shall incorporate the fail safe “lock-out” provisions of subsection 62-610.567(2), F.A.C. In the engineering report, the applicant shall describe and justify the operational controls on the key treatment processes for removal of organic compounds. Reclaimed water produced at the treatment facility that fails to meet the criteria established in the operating protocol shall not be released to the system storage or reuse system. Such substandard reclaimed water (reject water) shall be either stored for subsequent additional treatment or shall be discharged to another permitted reuse system requiring lower levels of preapplication treatment or to a permitted effluent disposal system. The operating protocol shall be reviewed and updated by the permittee as required by Rule 62-610.320, F.A.C. The permittee shall submit the current operating protocol to the Department for review with any application to renew or modify the permit.

(8) Ground water monitoring requirements shall be as specified in Rule 62-610.412, F.A.C. A ground water monitoring plan meeting the requirements of Chapters 62-520, 62-600, and 62-610, F.A.C., is required. Submittal and approval of ground water monitoring plans shall be in accordance with Rule 62-520.600, F.A.C. Department approval of the ground water monitoring plan is a prerequisite for issuance of the initial permit.

(9) The surface water or ground water receiving the reclaimed water shall be sampled quarterly for the parameters for which primary or secondary drinking water standards have been established. After the first year of operation, the Department shall reduce the sampling frequency if the applicant provides an affirmative demonstration that water quality standards will be met in the receiving surface water or ground water and that public health will be protected. For ground water recharge projects, reductions in monitoring shall be considered only after the injected reclaimed water reaches a monitoring well. The complete list of all regulated parameters shall be sampled and analyzed for at least annually.

(10) Except as noted in subsection 62-610.568(11), F.A.C., the permittee shall sample the reclaimed water for Cryptosporidium and Giardia. The following requirements shall be met:

(a) Sampling shall be conducted quarterly. Intervals between sampling shall not exceed three months. The sample results shall be submitted to the Department on or before February 28, May 28, August 28, and November 28 of each year using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

(b) Samples shall be taken at a point immediately following the final treatment or disinfection process within the treatment facility.

(c) Sampling for Cryptosporidium and Giardia shall be required only for the following types of projects:

1. Discharge to Class I surface waters, as described in Rule 62-610.554, F.A.C.

2. Discharge to waters contiguous to or tributary to Class I surface waters, as described in subsection 62-610.555(1), F.A.C.

3. Injection projects used for ground water recharge or salinity barrier control, as described in Rule 62-610.560 or 62-610.562, F.A.C.

4. Discharges to surface waters that are directly connected to ground water, which serve as ground water recharge, as described in subsection 62-610.555(4), F.A.C.

(d) Samples shall be taken during peak flow periods between the months of August and October.

(e) If the wastewater treatment facility uses chlorination for disinfection, samples collected for analysis of Giardia and Cryptosporidium shall be dechlorinated.

(f) A grab sample for TSS shall be taken such that it is representative of the water leaving the filters at the treatment facility during the period when pathogen samples are taken. In addition, the permittee shall record the lowest total residual chlorine observed during the period when pathogen samples are collected.

(g) EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or other approved methods in accordance with Rule 62-160.330, F.A.C., for reclaimed water or nonpotable waters, adjusted appropriately to accommodate the detection limit requirements, shall be used. Methods previously allowed for EPA’s ICR shall not be used. The full requirements of the approved method, including quality assurance and quality control, are to be met. Quality assurance and sampling requirements in Chapter 62-160, F.A.C., shall apply. Two concentrations of Giardia and Cryptosporidium shall be recorded on Part III of Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

1. Total cysts and oocysts shall be enumerated using EPA Method 1623.1, (adopted and incorporated by reference in Rule 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or other approved methods in accordance with Rule 62-160.330, F.A.C.

2. Potentially viable cysts and oocysts shall be enumerated using the DAPI staining technique contained in EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or similar enumeration techniques included in other approved methods in accordance with Rule 62-160.330, F.A.C. Cysts and oocysts that are stained DAPI positive or show internal structure by D.I.C. shall be considered as being potentially viable. If the laboratory reports separate values for DAPI positive and for cysts or oocysts having internal structure, the larger of the two concentrations will be reported as being potentially viable.

(h) If the number of potentially viable cysts of Giardia reported exceeds 5 per 100 liters or oocysts of Cryptosporidium reported exceeds 22 per 100 liters, a subsequent sample shall be taken and analyzed using EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or other approved methods in accordance with Rule 62-160.330, F.A.C. This subsequent sample shall be collected within 90 days of the date the initial sample was taken, analyzed for both Giardia and Cryptosporidium, and the results of the subsequent analysis shall be submitted to the Department within 60 days of sample collection using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

(11) For projects involving discharge to waters upstream of Class I surface waters, as described in subsection 62-610.555(2), F.A.C., the permittee shall sample the reclaimed water for Cryptosporidium and Giardia. The following requirements shall be met:

(a) Sampling shall be conducted at one time during each two-year period. Intervals between sampling shall not exceed two years. The sample results shall be submitted to the Department on or before November 28 of each even numbered year using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

(b) Samples shall be taken at a point immediately following the disinfection process.

(c) Samples shall be taken during peak flow periods between the months of August and October.

(d) If the wastewater treatment facility uses chlorination for disinfection, samples collected for analysis of Giardia and Cryptosporidium shall be dechlorinated.

(e) A grab sample for TSS shall be taken such that it is representative of the water leaving the filters at the treatment facility during the period when pathogen samples are taken. In addition, the permittee shall record the lowest total residual chlorine observed during the period when pathogen samples are collected.

(f) EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or other approved methods in accordance with Rule 62-160.330, F.A.C., for reclaimed water or nonpotable waters, adjusted appropriately to accommodate the detection limit requirements, shall be used. Methods previously allowed for EPA’s ICR shall not be used. The full requirements of the approved method, including quality assurance and quality control, are to be met. Quality assurance and sampling requirements in Chapter 62-160, F.A.C., shall apply.

Two concentrations of Giardia and Cryptosporidium shall be recorded on Part III of Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

1. Total cysts and oocysts shall be enumerated using EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382) or other approved methods in accordance with Rule 62-160.330, F.A.C.

2. Potentially viable cysts and oocysts shall be enumerated using the DAPI staining technique contained in EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective July 2021), or similar enumeration techniques included in other approved methods in accordance with Rule 62-160.330, F.A.C. Cysts and oocysts that are stained DAPI positive or show internal structure by D.I.C. shall be considered as being potentially viable. If the laboratory reports separate values for DAPI positive and for cysts or oocysts having internal structure, the larger of the two concentrations will be reported as being potentially viable.

(g) If the number of potentially viable cysts of Giardia reported exceeds 5 per 100 liters or oocysts of Cryptosporidium reported exceeds 22 per 100 liters, a subsequent sample shall be taken and analyzed using EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective July 2021), or other approved methods in accordance with Rule 62-160.330, F.A.C. This subsequent sample shall be collected within 90 days of the date the initial sample was taken, analyzed for both Giardia and Cryptosporidium, and the results of the subsequent analysis shall be submitted to the Department within 60 days of the sample collections using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

History

• Rulemaking Authority 403.051, 403.061, 403.064, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.568, Amended 1-9-96, 8-8-99, 11-19-07, 8-8-21, 2-26-25.

Fla. Admin. Code R. 62-610.571 Setback Distances

(1) Setback distances for injection facilities shall be established in accordance with Rule 62-610.521, F.A.C.

(2) Outfalls for surface water discharges shall not be located within 500 feet of existing or approved (but not yet constructed) potable water intakes within Class I surface waters.

(3) Where zones of discharge are allowed by this part and by Rule 62-520.465, F.A.C., the zone of discharge shall not extend closer than 500 feet to a potable water supply well.

(4) A 1,000-foot setback distance from the injection well to potable water supply wells shall be required for injection wells used for salinity barrier control, which are subject to the requirements of subsection 62-610.562(4), F.A.C.

(5) For potable water supply wells that are not potable water wells, as described in Rule 62-521.200, F.A.C., the Department shall approve smaller setback distances than those required by subsections 62-610.571(3) and (4), F.A.C., if the applicant provides an affirmative demonstration in the engineering report that confinement exists between the injection zone and the potable water supply well such that the injection will not adversely affect the quantity or quality of water withdrawn from the potable water supply well.

(6) Unless specifically stated otherwise, all setback distances shall be measured horizontally.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.571, Amended 1-9-96, 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.573 Storage Requirements

(1) System storage is not required. The engineering report shall include an evaluation of the possible need for system storage.

(2) If system storage is provided, the requirements for system storage ponds shall be as contained in Rule 62-610.464, F.A.C.

(3) A separate, off-line system shall be provided for storage of off-spec reclaimed water not associated with a potable reuse project. Off-spec reclaimed water storage shall have sufficient capacity to ensure retention of reclaimed water of unacceptable quality. At a minimum, for treatment facilities required to provide full treatment and disinfection, this capacity shall be the volume equal to three days flow at the average daily permitted flow of the treatment plant, or the average daily permitted flow of the reuse system, whichever is less. If full treatment and disinfection is not required, the capacity requirement shall be reduced to one day’s flow. Provisions for recirculating this off-spec reclaimed water to other parts of the treatment plant for further treatment shall be incorporated into the design. Off-spec reclaimed water storage shall not be required if another permitted reuse system requiring lower levels of preapplication treatment or effluent disposal system is capable of discharging the reject water in accordance with the requirements of Chapter 62-620, F.A.C. Off-spec reclaimed water ponds shall be lined or sealed to prevent measurable seepage, as described in Rule 62-610.414, F.A.C.

(4) The engineering report shall document the provisions for discharge of unacceptable quality reclaimed water in the event the capacity of the reject storage system is exceeded.

(5) Off-spec water storage requirements for potable reuse projects are in Chapter 62-565, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.573, Amended 1-9-96, 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.574 Access Control, Advisory Signs, and Public Notification

(1) Access control for storage ponds shall be as described in Rule 62-610.518, F.A.C.

(2) Chapter 62-620, F.A.C., requires public notification and provides opportunities for a public meeting for projects involving surface water discharges. Chapter 62-528, F.A.C., requires public notification and provides opportunities for a public meeting for projects involving underground injection. These public notification and public meeting requirements contained in Chapters 62-528 and 62-620, F.A.C., shall apply to injection and surface water discharge projects, respectively, regulated under Part V of this chapter.

(3) Permittees developing ground water recharge or surface water discharge projects that will be regulated under Part V of this chapter shall implement public education and public participation programs during the planning stages of the reuse program. The public education and public participation programs shall be described in detail in the engineering report.

(4) Applicants shall provide written notice to affected public water supply utilities within the area to be affected by the proposed project. For projects involving discharges to Class I waters, affected utilities shall include public water supply utilities drawing source water from the Class I water. For ASR projects and injection projects regulated by Rules 62-610.466, 62-610.560, or 62-610.562, F.A.C., that are not associated with a potable reuse project regulated under Chapter 62-565, F.A.C., affected utilities shall include public water supply utilities withdrawing ground water for public water supply within two miles of the proposed injection well, or within the area of review established in accordance with Rule 62-528.300(4), F.A.C., whichever is larger. For projects involving discharges to surface waters that are directly connected to ground water, which serve as ground water recharge, as described in subsection 62-610.555(4), F.A.C., affected utilities shall include public water supply utilities withdrawing ground water for public water supply within two miles of the point of discharge and within two miles of the point or points where the surface water enters the ground water. Written notice also shall be provided to the appropriate county health department. These written notifications shall be accomplished before the submittal of the initial permit application. Documentation of this notification procedure shall be included in the engineering report. These notices to affected utilities and to the county health department are required for the following types of projects:

(a) Discharge to Class I surface waters, as described in Rule 62-610.554, F.A.C.

(b) Discharge to waters contiguous to or tributary to Class I surface waters, as described in subsection 62-610.555(1), F.A.C.

(c) Injection projects used for ground water recharge or salinity barrier control, as described in Rule 62-610.560 or 62-610.562, F.A.C.

(d) Discharges to surface waters that are directly connected to ground water, which serve as ground water recharge, as described in subsection 62-610.555(4), F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.574, Amended 1-9-96, 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.575 Hydraulic Loading Rates

(1) The permittee shall provide reasonable assurances that the hydraulic loading rates used in the design will enable the system to comply with the requirements of this part while meeting applicable surface water and ground water quality standards.

(2) A ground water mounding analysis shall be included in the engineering report for projects involving discharges to ground water. The permittee shall provide reasonable assurances that the proposed project will function as intended and will not result in excessive mounding of ground waters, increases in surface water elevations, property damage, or interference with reasonable use of property within the affected area.

PART VI OVERLAND FLOW SYSTEMS

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.575, Amended 1-9-96.

Fla. Admin. Code R. 62-610.600 Description of System

This method of land application involves treatment of domestic wastewater to meet effluent limitations for discharge to surface waters. Wastewater is applied by sprinkling or flooding upper reaches of terraced, sloped, vegetated surfaces, such as sod farms, forests, fodder crops, pasture lands, and similar areas. A runoff conveyance system is provided at the ends of the sloped surfaces.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.600.

Fla. Admin. Code R. 62-610.610 Waste Treatment and Disinfection

(1) Approval of projects involving preapplication treatment below secondary treatment and basic disinfection levels shall be given provided the physical site conditions in Rule 62-610.625, F.A.C., are met. Proposed preapplication treatment levels shall provide reasonable assurance that long-term performance of the land treatment system shall, at a minimum, result in an effluent meeting the secondary treatment and basic disinfection levels before release of effluent to the environment by final surface water discharge from land treatment sites. The pollutant content of the final effluent may be more stringently limited by effluent limitations required in Chapters 62-600 and 62-650, F.A.C., as required to satisfy water quality requirements.

(2) Preapplication treatment processes shall produce an effluent prior to discharge to holding ponds or to the application/distribution system containing not more than 40-60 mg/L of CBOD5 and 40-60 mg/L of TSS, and meeting the low-level disinfection criteria of 2400 fecal coliforms per 100 mL. Additional treatment may also be required as a result of the hydraulic loading rate, and surface runoff control provisions contained below.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.610, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.613 Monitoring of Effluent and Ground Water

(1) Preapplication waste treatment limitations shall be met after disinfection and before discharge to holding ponds or to the overland flow system.

(2) Final effluent monitoring shall be accomplished after the overland flow system and any additional treatment or disinfection and before release to the environment.

(3) Ground water monitoring requirements, if any, shall be established pursuant to Rule 62-610.412, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.613, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.614 Storage Requirements

(1) System storage ponds shall have sufficient storage capacity to assure the retention of the preapplication wastewaters under adverse climatic conditions, harvesting conditions, maintenance of irrigation equipment, or other conditions which preclude land application. At a minimum, this capacity shall be the volume equal to 1.5 days flow at the annual average daily design flow of the treatment plant or the average daily permitted flow of the disposal system, whichever is less.

(2) Additional storage capacity (beyond the minimum requirement) shall be provided based on the need for flow equalization to maintain design hydraulic loading rates or to comply with mass discharge effluent limitations and shall be described in the engineering report and is subject to Department approval.

(3) Analytical means (water balance calculations or computer hydrological programs) of determining system storage required for overland flow land application systems shall be utilized. Such methods shall be described and justified in the engineering report.

(4) Requirements for system storage holding ponds shall be as contained in Rule 62-610.414, F.A.C. Where a continuous aquitard is present at the overland flow site, the aquitard may be used to provide assurance of compliance with the liner or seal requirements of Rule 62-610.414, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.614, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.615 Storage Pond Design and Operation

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.615, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.617 Surface Runoff Control

Requirements for control of runoff entering the land application site shall be as contained in Rule 62-610.417, F.A.C. All discharges from the application site shall result in maintenance of water quality standards.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.617, Amended 4-1-21.

Fla. Admin. Code R. 62-610.618 Access Control and Advisory Signs

Requirements shall be as contained in subsection 62-610.418(1), F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.618, Amended 1-9-96.

Fla. Admin. Code R. 62-610.621 Setback Distances

(1) The permittee shall maintain setback distances between the wetted site area subject to land application and surface waters and potable water supply wells to ensure compliance with water quality and drinking water standards, and to protect the public health, safety and welfare. All systems shall be designed to minimize adverse effects resulting from noise, lighting, aerosol drift, and odors. Adequate site area shall be provided for operation and maintenance, and for controlling emergency discharges.

(2) Overland flow land application systems shall maintain a distance of 100 feet from the edge of the wetted area of the land application area to buildings that are not part of the treatment facilities, utilities system, or municipal operations; or to the site property line, and to potable water supply wells, which are not potable water wells, as described in Rule 62-521.200, F.A.C., that are existing or have been approved by the Department or by the Department of Health (but not yet constructed).

(3) A setback distance of 500 feet shall be provided from the edge of the wetted area to Class I surface waters; or Class II surface waters, or to potable water wells, as described in Rule 62-521.200, F.A.C., that are existing or have been approved by the Department or by the Department of Health (but not yet constructed). Setback distance requirements apply to all Class II waters, regardless of Department classification (such as open, closed, approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified).

(4) A 100-foot setback distance shall be provided from a reclaimed water transmission facility to a public water supply well and surface water intakes for a potable water supply. No setback distance is required to other potable water supply wells or to nonpotable water supply wells.

(5) Setback distances to potable water supply wells shall be applied only for new or expanded overland flow systems. Setback distances shall not be applied when considering a permit renewal.

(6) Unless specifically stated otherwise, all setback distances shall be measured horizontally.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.621, Amended 1-9-96, 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.623 Hydraulic Loading Rates and Cycles

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.623, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.624 Monitoring of Ground Water

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.624, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.625 Design Influences

(1) Due to the objective of overland flow systems, the design will provide for runoff of applied effluents, and limited infiltration. Most suited to this type of system are areas with soils of relatively low infiltration and vertical hydraulic conductivity with an acquitard in the soil profile.

(2) A continuous acquitard (natural or artificial) shall be present in the unconsolidated medium under the proposed land application site such that effluent percolating through the soil system above the acquitard is under operational control (for further treatment if necessary). Operational control exists when the percolate flows to the surface drainage system (as opposed to vertical leakage through the aquitard or lateral movement beyond the influence of the drain system).

(a) The confining zone shall be present at relatively shallow depths; shall have a representative hydraulic conductivity no greater than 10% of the average hydraulic conductivity of the unconsolidated medium overlying the acquitard; and shall be of such permeability and thickness to provide reasonable assurance that downward percolation of waters will be minimized.

(b) The permittee shall establish the number of soil samples required to determine representative hydraulic conductivity values and to affirmatively demonstrate that a natural acquitard is continuous at a particular site. Samples shall be distributed throughout the project site. An estimate of sample size required shall be determined through statistical techniques which, based on the size and variance of an initial number of partially-distributed samples, predict the minimum number of samples required to assure that the population and sample means are within a 95 percent confidence interval.

(c) Other methods (e.g., geophysical techniques) to establish the extent and continuity of a natural acquitard shall be approved by the Department upon justification by the permittee.

(3) Design land surface slopes, slope lengths, and detention times required for the system will be governed by preapplication treatment levels and by final effluent limitations required as a result of receiving water conditions. Land surface slopes of 2-8 percent shall be applicable, with slope lengths of 100-300 feet involved.

(4) A maximum annual average hydraulic loading rate of seven inches (or 4.4 GAL/FT2) per week as applied to the entire area receiving overland flow is required. Rates higher than seven inches per week shall be accepted where rates are substantiated in the engineering report on the basis of the renovative ability of the system or other considerations and demonstration that Department rules will be met. Application cycles of wetting and drying the system shall be developed so as to maintain the presence and activity of microorganisms on the soil surface and shall be described in the engineering report.

PART VII INDUSTRIAL USES OF RECLAIMED WATER

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.625, Amended 1-9-96.

Fla. Admin. Code R. 62-610.650 Description of System

(1) This type of reuse system involves the use of reclaimed water from domestic wastewater sources for cooling water, wash water, or process water at industrial facilities.

(2) Use of treated industrial wastewaters for land application, recycling within the industrial facility, or other reuse or disposal methods is not governed by Chapter 62-610, F.A.C. Reuse or disposal of industrial wastewaters is regulated by the Department’s industrial wastewater rules.

(3) The reclaimed water flowing out of the industrial process shall be considered as an industrial wastewater and shall be subject to regulation under Chapters 62-4, 62-302, 62-520, 62-521, 62-522, 62-620, 62-621, 62-650, 62-660, 62-670, 62-671, 62-672, and 62-673, F.A.C., except as provided in Rule 62-610.668, F.A.C.

(4) Food Processing. Reclaimed water shall not be used in the manufacture or processing of food or beverage for human consumption where the reclaimed water will be incorporated into or come in contact with the food or beverage product.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.650, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.651 Effective Date

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 1-1-96, Repealed 8-8-99.

Fla. Admin. Code R. 62-610.652 Waste Treatment, Disinfection, and Monitoring

(1) Preapplication waste treatment shall result in a reclaimed water that meets secondary treatment and basic disinfection. If required by subsection 62-610.652(5), F.A.C., additional treatment and disinfection shall be provided.

(2) Individual industrial activities or users may have water quality needs which may necessitate treatment beyond the minimum requirements established in this part. The Department shall not regulate these additional treatment and disinfection requirements. These additional treatment and disinfection requirements shall be subject to negotiation between the industry and the supplier of the reclaimed water.

(3) Except as provided in paragraph 62-610.668(2)(d), F.A.C., domestic wastewater treatment or disinfection provided at the industrial facility before reuse of the reclaimed water at the industrial facility shall be subject to domestic wastewater permitting if the treatment or disinfection at the industrial site is needed to meet the minimum treatment and disinfection requirements imposed by this Part of this chapter.

(4) If additional treatment or disinfection is provided at the industrial facility before reuse of the reclaimed water at the industrial facility, and the additional treatment or disinfection is provided only to meet water quality needs of the industry which are more stringent than the minimum requirements imposed by this part, domestic wastewater permitting shall not be needed for the additional treatment or disinfection facilities located at the industrial facility.

(5) All requirements of Part III of this chapter, including minimum system size requirements, shall be met if reclaimed water will be used in open cooling tower applications, except as provided in paragraph 62-610.668(2)(c) or (d), F.A.C.

(6) Monitoring.

(a) Waste treatment limitations shall be met after disinfection and before discharge to system storage or the reuse system.

(b) If high-level disinfection is provided, the total suspended solids limitation shall be met after filtration and before application of the disinfectant.

(c) For facilities that provide reclaimed water for use in open cooling towers, the permittee shall sample the reclaimed water for Cryptosporidium and Giardia. The following requirements shall be met:

1. Sampling shall be conducted at one time during each two-year period. Intervals between sampling shall not exceed two years. This sampling frequency is independent of the treatment plant’s capacity. The sample results shall be submitted to the Department on or before November 28 of each even numbered year using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

2. Samples shall be taken from at a point immediately following the disinfection process.

3. Samples shall be taken during peak flow periods between the months of August and October.

4. If the wastewater treatment facility uses chlorination for disinfection, samples collected for analysis of Giardia and Cryptosporidium shall be dechlorinated.

5. A grab sample for TSS shall be taken such that it is representative of the water leaving the filters at the treatment facility during the period when pathogen samples are taken. In addition, the permittee shall record the lowest total residual chlorine observed during the period when pathogen samples are collected.

6. EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-133821), or other approved methods in accordance with Rule 62-160.330, F.A.C., for reclaimed water or nonpotable waters, adjusted appropriately to accommodate the detection limit requirements, shall be used. Methods previously allowed for EPA’s ICR shall not be used. The full requirements of the approved method, including quality assurance and quality control, are to be met. Quality assurance and sampling requirements in Chapter 62-160, F.A.C., shall apply.

Two concentrations of Giardia and Cryptosporidium shall be recorded on Part III of Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

a. Total cysts and oocysts shall be enumerated using EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or other approved methods in accordance with Rule 62-160.330, F.A.C.

b. Potentially viable cysts and oocysts shall be enumerated using the DAPI staining technique contained in EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or similar enumeration techniques included in other approved methods in accordance with Rule 62-160.330, F.A.C. Cysts and oocysts that are stained DAPI positive or show internal structure by D.I.C. shall be considered as being potentially viable. If the laboratory reports separate values for DAPI positive and for cysts or oocysts having internal structure, the larger of the two concentrations will be reported as being potentially viable.

7. If the number of potentially viable cysts of Giardia reported exceeds 5 per 100 liters or oocysts of Cryptosporidium reported exceeds 22 per 100 liters, a subsequent sample shall be taken and analyzed using EPA Method 1623.1, (adopted and incorporated by reference in subsection 62-610.100(7), F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13382), or other approved methods in accordance with Rule 62-160.330, F.A.C. This subsequent sample shall be collected within 90 days of the date the initial sample was taken, analyzed for both Giardia and Cryptosporidium, and the results of the subsequent analysis shall be submitted to the department within 60 days of sample collection using Form 62-610.300(3)(a)4., Pathogen Monitoring, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)4., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13373).

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99, 8-8-21.

Fla. Admin. Code R. 62-610.654 Monitoring

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 1-9-96, Repealed 8-8-99.

Fla. Admin. Code R. 62-610.656 Storage Requirements

(1) System storage ponds shall not be required.

(2) If system storage facilities are provided at the domestic wastewater treatment facility, the following requirements apply:

(a) Except as provided in paragraph (b), below, requirements for design and operation of system storage facilities shall be as contained in Rule 62-610.414, F.A.C.

(b) If all requirements of Part III of this chapter are met, requirements for design and operation of system storage facilities shall be as contained in Rule 62-610.464, F.A.C.

(3) If system storage facilities are provided at the industrial facility, these storage facilities are subject to regulation under the facility’s industrial wastewater permit. These system storage facilities located at the industrial facility will not be regulated under Chapter 62-610, F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.658 Access Control and Advisory Signs

(1) For all systems, advisory signs shall be posted around the portions of the industrial site in which reclaimed water is used and at the main entrances to the industrial site to notify employees at the industrial site and the public of the nature of the reclaimed water use.

(2) Access control beyond what is normally provided by the industry is not required.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96.

Fla. Admin. Code R. 62-610.660 Cross-Connection Control and Protection of the Reclaimed Water Supply

(1) No cross-connections to potable water systems shall be allowed

(2) For all systems, there shall be readily identifiable “non-potable” or “do not drink” notices, marking, or coding on application/distribution facilities and appurtenances.

(3) Protection of Reclaimed Water Supply.

(a) The return of reclaimed water to the reclaimed water distribution system after the reclaimed water has been delivered to an industrial facility is prohibited. This prohibition shall not apply to industrial sites which were using reclaimed water before January 1, 1996, or which were identified as future users of reclaimed water in a complete permit application received by the Department before January 1, 1996.

(b) The permittee shall conduct an evaluation of the potential for cross-connections and backflow to the reclaimed water distribution system. This analysis shall include an evaluation of the types of substances present at the industrial site which could potentially backflow into the reclaimed water system and the risk associated with possible backflow. The applicant shall evaluate the need for backflow prevention devices on the reclaimed water connection to the industrial facility. This analysis shall be included in the engineering report. A backflow prevention device shall be provided on the reclaimed water service connection to the industrial site, unless the evaluation in the engineering report provides reasonable assurances that there is minimal risk of cross-connection or backflow with contamination of the reclaimed water supply. This requirement for backflow prevention devices shall not apply to industrial sites which were using reclaimed water before January 1, 1996 or which were identified as future users of reclaimed water in a complete permit application received by the Department before January 1, 1996.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Amended 4-2-90, Formerly 17-610.660, Amended 1-9-96.

Fla. Admin. Code R. 62-610.662 Setback Distances

(1) Except as provided in subsection 62-610.662(2), (3), or (4), F.A.C., setback distances from the industrial process or activity to the site property line are not required.

(2) If reclaimed water which meets the requirements of Part II of this chapter is used to irrigate landscaped areas on the industrial site, the setback distance requirements in Rule 62-610.421, F.A.C., shall apply.

(3) If reclaimed water which meets the requirements of Part III of this chapter is used to irrigate landscaped areas on the industrial site, the setback distance requirements in Rule 62-610.471, F.A.C., shall apply.

(4) A 300-foot setback distance shall be provided from an open cooling tower that receives reclaimed water to the site property line. If the full requirements of Part III of this chapter or of paragraph 62-610.668(2)(d), F.A.C., are met, no setback distance from the cooling tower to the site property line shall be required.

(5) Unless specifically stated otherwise, all setback distances shall be measured horizontally.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.668 Cooling Water Applications

(1) Once-through cooling.

(a) Reclaimed water may be used for once-through cooling.

(b) Setback distances shall be as established in Rule 62-610.662, F.A.C.

(c) Reclaimed water, upon flowing out of the once-through, non-contact, cooling system, that is returned to the domestic wastewater facilities for additional treatment or disposal or reuse, shall be defined to be a “domestic wastewater.” This definition is made solely for the purposes of classifying wastewater treatment, reuse, and effluent disposal facilities associated with the domestic wastewater facilities. This definition shall apply only if the sole change to the quality of the reclaimed water during the once-through, non-contact, cooling process is a temperature increase, and conditioning chemicals, other than chlorine and other chemicals accepted by the Department, have not been added to the reclaimed water.

(d) Reclaimed water which has not been disinfected may be used for once-through cooling purposes at industrial facilities if the following conditions are met:

1. The reclaimed water has received at least secondary treatment as defined in subparagraph 62-600.420(1)(b)2., F.A.C.

2. The reclaimed water is conveyed and used in closed systems which are not open to the atmosphere.

3. The reclaimed water is returned to the domestic wastewater treatment facility.

(e) Water used for once-through cooling under the provisions of paragraph 62-610.668(1)(d), F.A.C., shall be considered “reclaimed water” and the use of this water shall be considered “reuse.”

(2) Open cooling towers.

(a) Reclaimed water may be used in open cooling towers, if the requirements in paragraphs 62-610.668(2)(b), (c), or (d), F.A.C., are met.

(b) All requirements of Part III of this chapter, including minimum system size requirements, shall be met.

(c) As an alternative to the requirements in paragraph 62-610.668(2)(b), F.A.C., all of the following requirements shall apply:

1. Preapplication waste treatment shall result in a reclaimed water that meets secondary treatment and basic disinfection.

2. A 300-foot setback distance shall be provided from the cooling tower that receives reclaimed water to the site property line.

3. The cooling tower shall be designed and operated to minimize aerosol drift to areas beyond the site property line that are accessible to the public.

4. The cooling tower shall be designed, operated, and maintained utilizing best engineering practices to control biological growth.

(d) As an alternative to the requirements in paragraph 62-610.668(2)(b), F.A.C., all of the following requirements shall be met in the facility’s industrial wastewater permit:

1. The high-level disinfection requirements of subsection 62-600.440(5), F.A.C.

2. The filtration requirements of subsection 62-610.460(3), F.A.C.

3. The continuous monitoring requirements of subsection 62-610.463(2), F.A.C.

4. In lieu of the operation, staffing, and reliability provisions in Rule 62-610.462, F.A.C., operation, maintenance, staffing and reliability requirements shall be addressed in the facility’s industrial wastewater permit in accordance with applicable industrial wastewater rules.

5. The cooling tower shall be designed, operated, and maintained utilizing best engineering practices to control biological growth.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.669 Use of Reclaimed Water at Wastewater Treatment Plants

(1) For purposes of this rule, a domestic wastewater treatment plant shall be considered a type of “industrial site.” Reclaimed water or partially treated wastewater used for various useful purposes at a domestic wastewater treatment plant shall retain its identity as a domestic reclaimed water or domestic wastewater.

(2) Reclaimed water may be used to irrigate landscaped areas at the wastewater treatment plant.

(a) If the reclaimed water has received secondary treatment and basic disinfection, the requirements of Part II of this chapter, including setback distance requirements, shall be met. Reclaimed water meeting the secondary treatment definition contained in subparagraph 62-600.420(1)(b)2., F.A.C., may be used for this irrigation. Storage shall not be required.

(b) If the reclaimed water meets the treatment and disinfection requirements in Part III of this chapter, the irrigation shall be regulated under Part III.

(3) Reclaimed water may be used for process, wash down, or other purposes at the wastewater treatment plant.

(4) Reclaimed water may be used for toilet flushing or fire protection purposes at the wastewater treatment plant.

(5) Uses of reclaimed water described in subsection 62-610.669(2) through (4), F.A.C., shall be considered as reuse.

(6) Partially treated or undisinfected wastewater may be used for process water or other purposes at the wastewater treatment plant if the wastewater is collected after use and returned to the wastewater treatment plant for additional treatment or disinfection. Use of partially treated wastewater shall not be classified as reuse, unless the water has received a minimum of secondary treatment as defined in subparagraph 62-600.420(1)(b)2., F.A.C. Water that has received a minimum of secondary treatment as defined in subparagraph 62-600.420(1)(b)2., F.A.C. (with or without disinfection), which is used for a beneficial purpose under this paragraph shall be considered “reclaimed water” and the use shall be considered “reuse.” Partially treated wastewater which does not meet the minimum treatment and disinfection criteria established in Chapters 62-600 and 62-610, F.A.C., shall not be released to the environment.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 1-9-96, Amended 4-1-21.

Fla. Admin. Code R. 62-610.670 Industrial Discharge Limitations

(1) Disposal or reuse of industrial wastewater resulting from the use of reclaimed water or other water sources in industrial processes shall be subject to Department regulation under the industrial wastewater program. Chapter 62-650, F.A.C., and Department rules governing industrial wastewater, as contained in Chapters 62-4, 62-302, 62-520, 62-521, 62-620, 62-621, 62-650, 62-660, 62-670, 62-671, 62-672, and 62-673, F.A.C., shall apply.

(2) Reclaimed water used for once-through cooling shall have effluent discharge limitations for surface water discharge established by Section 403.086(4), F.S., if all the following conditions are met:

(a) The reclaimed water delivered to the industrial site meets the requirements contained in Section 403.086(4), F.S.

(b) The discharge to surface water is located within the geographic area defined in Section 403.086(1)(c), F.S.

(c) The only change to the quality of the reclaimed water during the once-through, non-contact, cooling process is a temperature increase.

(d) Conditioning chemicals, other than chlorine and other chemicals accepted by the Department, have not been added.

(e) Department rules governing thermal discharges in Rule 62-302.520, and paragraph 62-620.106(1)(f), F.A.C., will apply at the discharge point.

PART VIII PERMITTING

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-4-89, Formerly 17-610.670, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.800 Permitting Requirements

(1) Construction, modification, or operation of reuse or land application systems requires a permit from the Department in accordance with Chapter 62-620, F.A.C., and with this chapter.

(2) The permittee shall comply with applicable design and performance criteria pursuant to this chapter and the permitting requirements contained in Chapter 62-620, F.A.C.

(3) Reuse/land application permits shall be combined with the permit for the wastewater treatment plant.

(4) A separate reuse/land application permit shall be issued only if the reuse/land application system receives reclaimed water or effluent from more than one domestic wastewater treatment facility. The reuse/land application permit shall cross-reference the appropriate wastewater treatment plant permits.

(a) If requested by an applicant having responsibility for the reuse system and one or more of the domestic wastewater treatment facilities providing reclaimed water to the reuse system, the reuse/land application permit shall be combined with the permit for one of the treatment facilities.

(b) Nothing in this section shall be construed to require an end user of reclaimed water to obtain a separate reuse/land application permit.

(5) Implementation of Slow-Rate Land Application Projects in Public Access Areas, Residential Irrigation, and Edible Crop Irrigation.

(a) The reuse/land application permit for a project regulated by Part III of this chapter shall meet the requirements of Rules 62-620.310 and 62-620.630, F.A.C.

(b) A general permit pursuant to Rule 62-610.890, F.A.C., is needed for the addition of a new major user that is not identified in the existing permit and is located within the area designated in an existing permit. This general permit shall only be used if the permittee does not request modification of the permitted capacity.

(c) The permit shall identify the area expected to be serviced with reclaimed water during the next 10 years. The reclaimed water service area shall be updated in the permit with permit renewals. The permitted capacity shall be based on the anticipated highest annual demand for reclaimed water from within this service area during the five-year permit period.

(6) Record drawings.

(a) Record drawings are required for reuse and land application systems as discussed in Rule 62-620.630, F.A.C.

(b) For projects permitted under Parts III or VII of this chapter, record drawings are not required for facilities located on individual sites using reclaimed water. It is recommended, but not required, that permittees and users of reclaimed water maintain record drawings or other detailed records of the locations of reclaimed water facilities located on these sites.

(7) Placing a Facility in Operation.

(a) The permittee shall obtain written approval from the Department before placing the initial part, portion, or phase of a reuse system permitted under Part III of this chapter into operation. Written application shall be made using Form 62-610.300(3)(a)3, Application for Permission to Place a Public Access Reuse System in Operation, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)3., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13370). Requirements for placing the reuse system into operation are contained in Rule 62-620.630, F.A.C. Approval shall be granted if the requirements in Rule 62-620.630, F.A.C., are met.

(b) Requirements for placing reuse and land application systems permitted under Part II, IV, V, VI, or VII of this chapter into operation are contained in Rule 62-620.630, F.A.C.

(8) Backup discharge permitting. There are several mechanisms for obtaining permits for surface water discharges which will serve as backup discharges for reuse systems. These include:

(a) The normal procedures for obtaining a surface water discharge permit using the provisions of Chapter 62-650, F.A.C. Upon request, discharge limitations can be developed on a seasonal basis.

(b) The limited wet weather discharge provisions in Rule 62-610.860, F.A.C. This mechanism has potential application for inland projects where the receiving water provides sufficient dilution.

(c) Section 403.086(5), F.S., provides minimum treatment standards for all surface water discharges located within the geographic area specified in Section 403.086(1)(c), F.S. Advanced wastewater treatment is required.

(d) The Florida APRICOT Act, contained in Section 403.086(7), F.S., allows backup discharges anywhere in the state, if the requirements in Section 403.086(7), F.S., are met.

(9) Abnormal Events.

(a) Abnormal events shall be regulated under the “bypass” and “upset” provisions in Rule 62-620.610, F.A.C.

(b) Discharges permitted pursuant to Rule 62-610.860, F.A.C., as a limited wet weather discharge shall not be considered as abnormal events.

(10) Water Management District Coordination.

(a) Domestic wastewater permits issued by the Department shall be consistent with requirements for reuse included in applicable consumptive use permits issued by the water management district, if all of the following conditions are met:

1. The requirements for reuse in the consumptive use permit are consistent with Department rules in this chapter.

2. The domestic wastewater treatment facilities are located within, or serve a population located within, or discharge within a water resource caution area.

3. The domestic wastewater treatment facilities are owned, operated, or controlled by a local government or utility which has responsibility for water supply and wastewater management, and the consumptive use permit containing the requirements for reuse was issued to this local government or utility.

(b) Applicants meeting the conditions in paragraph 62-610.800(10)(a), F.A.C., shall include copies of applicable consumptive use permits with their application for a domestic wastewater permit.

(11) For aquifer storage and recovery projects regulated under Rule 62-610.466, F.A.C., and ground water recharge projects regulated under Part V of this chapter which require characterization of the TDS concentration of ground water contained in the aquifer receiving reclaimed water, this characterization shall be made at the time of the initial permit application. Normally, this TDS characterization will be based on best available information. If available information is not sufficient to classify a proposed project based on the TDS at the point of injection, an exploratory well program shall be conducted before submittal of the engineering report in order to make a definitive determination of TDS at the point of injection. For injection to G-II ground water, the TDS determination shall be made at the point of injection and will not consider TDS in contiguous ground waters. The TDS determination made at the time of the initial permit application shall remain unchanged, even if the injection of reclaimed water alters the TDS concentration over a period of time.

(12) The permittee is responsible for ensuring that:

(a) Reclaimed water delivered to users of reclaimed water is of acceptable quality for the intended uses at the point of delivery; and,

(b) Reclaimed water is used in a manner that is consistent with this chapter and with the permit, such that public health and environmental quality will be protected.

(13) The Department encourages utilities implementing reuse projects to meter and charge for the use of reclaimed water as described in Section 403.064(16), F.S.

History

• Rulemaking Authority 403.051, 403.061, 403.064, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.064, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.800, Amended 1-9-96, 8-8-99, 11-19-07, 8-8-21.

Fla. Admin. Code R. 62-610.810 Classification of Projects as “Reuse” or “Disposal.”

(1) This section contains the criteria to be used by the Department in classifying projects or portions of projects as “reuse” or “effluent disposal.”

(2) Reuse projects. The following shall be classified as “reuse:”

(a) Slow-rate land application projects with restricted access permitted under Part II of this chapter.

(b) Projects permitted under Part III of this chapter.

(c) Rapid-rate land application systems permitted under Part IV of this chapter shall be classified as “reuse” for ground water recharge.

(d) Projects making reclaimed water from domestic wastewater sources available for industrial applications, as described in Part VII of this chapter.

(e) Ground water recharge projects permitted under Part V of this chapter.

(f) Wetlands creation, restoration, and enhancement projects, if the applicant provides an affirmative demonstration that reclaimed water will be used to create, restore, or enhance wetlands. The wetlands creation, restoration, or enhancement aspects shall be described in detail and documented.

(g) Other uses.

1. Other uses specifically addressed in Part III of this chapter, such as toilet flushing, fire protection, construction dust control, aesthetic purposes, and recreational uses, shall be classified as “reuse.”

2. Other uses not addressed elsewhere in this chapter shall be classified as “reuse” if the applicant provides an affirmative demonstration that reclaimed water will be used for a beneficial purpose or the use of reclaimed water will eliminate the need for use of a potable water or a water that could be used as a source of potable water.

(h) Potable reuse projects are permitted under Chapter 62-565, F.A.C.

(i) Projects previously identified as “reuse.” All projects or portions of projects included in the Department’s 1992 reuse inventory shall be classified as “reuse.”

(3) Effluent disposal projects. The following shall be classified as “effluent disposal:”

(a) Projects which do not meet the criteria established in subsection 62-610.810(2), F.A.C.

(b) Overland flow systems permitted under Part VI of this chapter, unless the final reclaimed water produced by the overland flow system is subsequently used for a beneficial purpose and meets the criteria in subsection 62-610.810(2), F.A.C.

(c) On-site systems permitted by the Department under Chapter 62-6, F.A.C., including septic tanks.

(d) Ground water disposal systems using Class I wells injecting into Class G-IV ground waters.

(e) Continuously loaded rapid-rate land application systems or absorption fields, unless they meet the criteria for ground water recharge established in subsection 62-610.810(2), F.A.C., or meet the requirements of Rule 62-610.525, F.A.C., or the criteria for indirect potable reuse systems, as established in Chapter 62-565, F.A.C.

(f) Rapid-rate land application systems using perimeter drainage features or underdrains which collect and discharge more than 50 percent of the applied reclaimed water, as discussed in Rule 62-610.517, F.A.C.

(4) Wetlands creation, restoration, or enhancement projects shall be reviewed with each permit renewal. The applicant for permit renewal shall submit with the application for permit renewal documentation that the project continues to function as designed and that the wetlands creation, restoration, or enhancement aspects remain applicable. If the documentation does not provide an affirmative demonstration that the wetlands creation, restoration, and enhancement attributes of the project continue, the Department shall reclassify the project as “effluent disposal” and shall require submittal of an antidegradation demonstration meeting the requirements of Rules 62-4.242 and 62-302.300, F.A.C.

(5) All domestic wastewater permits issued by the Department shall include designation of each portion of the project as either “reuse” or “effluent disposal” and shall list the permitted capacity associated with each portion of the project and the total permitted capacity for the entire project. All permitted capacities shall include the time frame (e.g., annual average daily flow, maximum monthly average daily flow, three-month average daily flow), as required by subsection 62-600.400(3), F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.810, Amended 1-9-96, 8-8-99, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.820 Reuse Feasibility Studies

(1) Reuse feasibility studies are required by the following:

(a) Section 403.064, F.S., for domestic wastewater facilities located within, serving a population within, or discharging within designated water resource caution areas.

(b) The Indian River Lagoon system and Basin Act, contained in Chapter 90-262, Laws of Florida.

(c) The antidegradation policy in Rules 62-4.242 and 62-302.300, F.A.C., for new or expanded surface water discharges.

(d) By rules of the applicable water management district.

(2) The applicant is encouraged to contact the appropriate district office of the Department of Environmental Protection before preparing a reuse feasibility study to discuss reuse in the area and to develop and agree upon the reuse alternatives to be evaluated in the reuse feasibility study.

(3) Applicants meeting both of the following conditions are not required to submit reuse feasibility studies with permit applications for domestic wastewater facilities:

(a) The only rule or statute that requires preparation of a reuse feasibility study is Section 403.064, F.S.; and,

(b) One of the following conditions exists:

1. The domestic wastewater treatment facility has an existing or proposed permitted capacity, whichever is larger, less than 0.1 mgd, or

2. The permitted reuse capacity associated with the domestic wastewater treatment facility equals or exceeds the total existing or proposed permitted capacity, whichever is larger, of the domestic wastewater treatment facility.

(4) Reuse feasibility studies required by one or more of the items listed in paragraph 62-610.820(1)(a), (b), or (c), F.A.C., when being prepared by or on behalf of a local government or utility which has responsibility for domestic wastewater management, shall be prepared in accordance with paragraph 62-610.300(1)(e), F.A.C.

(5) The Department shall approve deviations or modifications from the required format or content specified in paragraph 62-610.300(1)(e), F.A.C., for a reuse feasibility study, if the alternative format or study content provides the same level of evaluation as specified in paragraph 62-610.300(1)(l), F.A.C. Some examples of areas of possible deviations or modifications include: alternatives to be evaluated; definitions of the levels of reuse to be evaluated; methods of evaluating rates and fees; allocation of costs to all benefitted parties; consideration of other alternative investments to achieve goals (ASR, conservation, others); methods of valuing water saved, including possible adjustments for periods when water supplies are sufficient without the reclaimed water system; and presentation formats. Multiple types of reuse may be combined to formulate alternatives for evaluation.

(6) Reuse feasibility studies shall be signed and sealed by a professional engineer registered in Florida.

(7) A reuse feasibility study shall be submitted as follows:

(a) Three copies to the appropriate Department of Environmental Protection district office.

(b) One copy to the appropriate water management district.

(8) Subsection 403.064(5), F.S., states that a reuse feasibility study prepared for the Department under subsection 403.064(2), F.S., satisfies a water management district requirement to conduct a reuse feasibility study imposed on a local government or utility that has responsibility for wastewater management. As a result, local governments or utilities located within, serving a population within, or discharging within a designated water resource caution area, which are preparing a reuse feasibility study in response to one or more of the items identified in paragraph 62-610.820(1)(a), (b), or (c), F.A.C., are encouraged, but shall not be required by the Department, to do the following as part of their reuse feasibility study:

(a) Contact the appropriate water management district before initiation of the feasibility study to discuss water management in the area, to obtain information about the water management district’s reuse priorities for the area, and to identify any additional alternatives which the water management district would like to be evaluated in the reuse feasibility study.

(b) If additional alternatives are identified by the water management district, the applicant is encouraged, but shall not be required by the Department, to evaluate these alternatives using the methods specified in paragraph 62-610.300(1)(e), F.A.C.

(9) Utilities interested in pursuing funding from the state revolving loan fund for reuse projects are encouraged to incorporate the results of the reuse feasibility study into the appropriate facilities plan.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.0877, 403.088 FS. History–New 4-2-90, Formerly 17-610.820, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.830 Storage Lakes and Ponds

(1) Lakes, ponds, and other surface waters may be used to store reclaimed water as part of reuse systems permitted under Part III of this chapter. Lakes included under this rule include golf course lakes, stormwater ponds, and other lakes or ponds used as decorative features.

(2) If these storage lakes are waters of the state, the discharge into the lakes must be permitted under Chapter 62-620, F.A.C. Discharge limits shall be established using the provisions in Chapter 62-650, F.A.C. The discharge shall be subject to the requirements of the antidegradation policy in Rules 62-4.242 and 62-302.300, F.A.C.

(3) If these storage lakes discharge intermittently or continuously to waters of the state, the discharge into the lakes must be permitted under Chapter 62-620, F.A.C. Discharge limits shall be established using the provisions in Chapter 62-650, F.A.C. The discharge shall be subject to the requirements of the antidegradation policy in Rules 62-4.242 and 62-302.300, F.A.C.

(4) Storage lakes which are part of the stormwater management system.

(a) The applicant shall provide written concurrence from the permitting agency responsible for the environmental resource permit/management and storage of surface water program stating that the lakes have sufficient volume to serve in both stormwater management and reclaimed water storage capacities. The permitting agency responsible for the environmental resource permit/management and storage of surface water program shall establish the control elevation for the storage lake such that the volume required for stormwater management will be available above this control elevation.

(b) Discharge of reclaimed water to the storage lake shall be allowed only during periods when the level of water in the lake is below the control elevation.

(c) TBELs shall be imposed on the discharge of reclaimed water to the storage lake. The TBELs will be established based on the treatment and disinfection requirements in Rule 62-610.460, F.A.C.

(d) The permittee shall be responsible for recording the frequency and duration of discharges out of the storage lake into waters of the state.

(e) Subsection 62-610.830(4), F.A.C., is applicable only to lakes that are not waters of the state and discharge intermittently to waters of the state.

(5) Discharge of reclaimed water to isolated storage lakes which do not discharge to waters of the state do not require a permit under Chapter 62-620, F.A.C.

(6) Storage lakes regulated under Rule 62-610.830, F.A.C., shall be included in the inventory of storage systems required by subsection 62-610.464(5), F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.830, Amended 1-9-96, 8-8-99, 4-1-21.

Fla. Admin. Code R. 62-610.840 Placing a Facility in Operation

History

• Rulemaking Authority 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.0881 FS. History‒New 4-2-90, Formerly 17-610.840, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.850 Protection of Surface Water and Ground Water Quality

(1) Protection of surface water quality, including springs.

(a) Reuse and land application projects shall not cause or contribute to violations of water quality standards in surface waters and springs.

(b) Projects having point source discharges (e.g., surface water discharges permitted under Part V and overland flow projects permitted under Part VI of this chapter, and underdrained slow-rate and rapid-rate land application systems) shall be subject to all applicable discharge and permitting requirements contained in Department rules, Florida Statutes, and Laws of Florida, including the following:

1. Permitting requirements and effluent or reclaimed water limits in Chapter 62-620, F.A.C.

2. Permitting requirements and effluent or reclaimed water limits in Chapter 62-600, F.A.C.

3. WQBEL provisions imposed by Chapter 62-650, F.A.C.

4. Permitting requirements and effluent or reclaimed water limits imposed by Chapter 62-611, F.A.C.

5. Outstanding Florida Waters provisions in Chapter 62-302, F.A.C.

6. Effluent or reclaimed water limits imposed by Section 403.086(4), F.S., for discharges within the area identified in Section 403.086(1)(c), F.S., and Chapter 2020-150, Laws of Florida.

7. Effluent or reclaimed water limits imposed by Chapter 90-262, Laws of Florida, for discharges within the area identified in Chapter 90-262, Laws of Florida.

8. Florida Springs and Aquifer Protection Act provisions in Sections 373.801-373.813, F.S.

9. Compliance with water quality standards established in Chapter 62-302, F.A.C.

10. Compliance with the antidegradation policy contained in Chapters 62-4 and 62-302, F.A.C.

(c) Ground water discharges from reuse or land application projects which flow by interflow and affect water quality in surface waters shall not cause or contribute to violations of water quality standards in surface waters and springs.

(d) The engineering report shall provide reasonable assurances that applicable water quality standards for surface waters and springs will be met.

(e) If the applicant is unable to provide reasonable assurances in the engineering report that the applicable water quality standards will be met, the applicant shall do the following in the engineering report:

1. Propose additional treatment or disinfection or other operational controls designed to ensure compliance with the water quality standards.

2. Provide reasonable assurances that the additional treatment or disinfection or other operational control measures will ensure compliance with the water quality standards.

(2) Protection of Ground Water Quality.

(a) Reuse and land application projects shall be designed and operated to ensure compliance with ground water quality standards contained in Chapter 62-520, F.A.C.

(b) The engineering report shall provide reasonable assurances that ground water standards will be met.

(c) If the applicant is unable to provide reasonable assurances in the engineering report that the minimum preapplication treatment and disinfection requirements contained in this chapter are sufficient to ensure compliance with the ground water quality standards, the applicant shall do the following in the engineering report:

1. Propose additional treatment or disinfection or other operational controls designed to ensure compliance with the ground water quality standards.

2. Provide reasonable assurances that the additional treatment or disinfection or other operational control measures will ensure compliance with the ground water quality standards.

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.850, Amended 1-9-96, 4-1-21, 2-26-25.

Fla. Admin. Code R. 62-610.860 Limited Wet Weather Discharge

(1) The Department encourages implementation of reuse of reclaimed water programs. Demand for reclaimed waters normally declines during wet weather periods. During such wet weather periods, surface water stream flows normally increase. Allowing limited wet weather discharge of excess reclaimed waters during such wet weather periods will facilitate implementation of reuse projects. Therefore, persons implementing reuse projects are authorized to seek approval for limited wet weather discharges as described below.

(2) An applicant requesting a permit for a limited wet weather discharge shall include the following information in the engineering report:

(a) A map showing the locations of the point of discharge and of the proposed receiving stream.

(b) Descriptions and locations of downstream lakes, estuaries, reservoirs, Outstanding Florida Waters, or Class I waters.

(c) An analysis of the historic records for daily rainfall for a period of record covering at least the most recent 20 years, using climatic data that are available from, or are representative of, the area involved. This shall include calculation of the average annual rainfall.

(d) An analysis of the historic records for stream flow in the proposed receiving stream.

(e) Estimates of time of travel from the proposed point of limited wet weather discharge to downstream lakes, estuaries, reservoirs, Outstanding Florida Waters, or Class I waters during periods when limited wet weather discharge would occur.

(f) Analysis of the proposed operation of the reuse, storage, and limited wet weather discharge systems including identification of the proposed operating schedule, frequency of limited wet weather discharge, duration of limited wet weather discharge, quantity of reclaimed water to be discharged, quality of the reclaimed water to be discharged, and the flow in the receiving stream during limited wet weather discharge periods. The analysis shall be conducted for a year from the historic record which had rainfall that was within 10 percent of the average annual rainfall (referred to as “the average rainfall year”).

(g) Calculation of the required minimum stream dilution factor as follows:

SDF

=

P(0.085 CBOD5 + 0.272 TKN - 0.484)

Where:

SDF

=

minimum required stream dilution factor (dimensionless),

P

=

percent of the days of the year that limited wet weather discharge will occur during an average rainfall year (e.g. if discharge will occur on 73 days; P = 100% × (73/365) = 20; if P is less than 1, use P = 1),

CBOD5

=

the treatment facility’s design monthly maximum limitation for CBOD5 in mg/L,

TKN

=

the treatment facility’s design monthly maximum limitation for TKN expressed in mg/L of nitrogen.

(h) Documentation required by the antidegradation policy in Rules 62-4.242 and 62-302.300, F.A.C., if the limited wet weather discharge will be a new or expanded surface water discharge.

(i) If the minimum stream dilution factor calculated in paragraph 62-610.860(2)(g), F.A.C., is less than 1.0, the minimum stream dilution factor shall be set equal to 1.0.

(3) Limited wet weather discharge for a reuse project shall be permitted without the need for a WQBEL or other water quality analyses only if all of the following requirements are met:

(a) The anticipated frequency of limited wet weather discharge (P) during the average rainfall year shall not exceed 25 percent which is equivalent to 91 days during the year;

(b) The actual stream dilution ratio during periods when the limited wet weather discharge is activated shall be equal to or greater than the minimum required stream dilution factor;

(c) The receiving water body is a Class III, IV, or V stream with a downstream travel time during periods of limited wet weather discharge that is at least 24 hours to any lake, estuary, reservoir, Outstanding Florida Water, or Class I water. If this minimum travel time requirement is not met, a limited wet weather discharge shall be permitted if the stream flow is at least the minimum required stream dilution factor times the limited wet weather discharge flow multiplied by a factor equal to 24 hours divided by the travel time in hours. If the minimum travel time requirement is not met, the stream dilution factor multiplied by a factor equal to 24 hours divided by the travel time will be referred to as “the adjusted stream dilution factor;”

(d) The receiving water body at the immediate point of discharge shall not be a lake, estuary, reservoir, Outstanding Florida Water, or Class I water; and,

(e) The reuse system is a slow-rate land application system regulated by Part II or III of this chapter.

(4) If the conditions described in subsection 62-610.860(3), F.A.C., are not met, a WQBEL analysis pursuant to Chapter 62-650, F.A.C., shall be required for a surface water discharge that serves as a backup disposal method for a reuse system.

(5) A limited wet weather discharge into a controlled canal system is allowed if the canal system is flowing during the periods of discharge and all other requirements of this rule, including the minimum dilution requirements, are met during all periods of discharge.

(6) Dechlorination requirements apply to limited wet weather discharges. Discharged flows which have been retained in a storage system for a minimum of three days shall be presumed to meet the total chlorine residual limitation for dechlorination, as long as additional chlorination has not been provided after the storage facility.

(7) A stream gauging station shall be furnished at a point upstream of the discharge point. In cases where stream gauging is not possible, the applicant shall provide an affirmative demonstration that alternative means of measuring or estimating flows and dilution provide reasonable assurances that the dilution requirements in Rule 62-610.860, F.A.C., will be met during periods of discharge.

(8) The permit for a limited wet weather discharge shall include the following:

(a) Maximum monthly average limitations for CBOD5 and TKN in the effluent discharged;

(b) Minimum stream dilution factor, or adjusted minimum stream dilution factor, if required by paragraph 62-610.860(3)(c), F.A.C.;

(c) The expected frequency (P) of discharge during an average rainfall year, expressed as a percentage; and,

(d) The average annual rainfall.

(9) A reuse system having a permit for a limited wet weather discharge shall report the following to the Department monthly:

(a) A list of days on which limited wet weather discharge to the surface receiving water body occurred;

(b) The stream flow in the receiving water body upstream of the limited wet weather discharge on the days of discharge;

(c) The flow rate of the limited wet weather discharge on the days of discharge;

(d) The resulting stream dilution ratio (stream flow divided by limited wet weather discharge flow) for each day of discharge;

(e) The CBOD5 and TKN concentrations of the effluent being discharged;

(f) An explanation of any factors contributing to the limited wet weather discharge;

(g) The cumulative number of days during the calendar year during which the limited wet weather discharge was activated; and,

(h) The month’s rainfall and the cumulative rainfall during the calendar year during which the limited wet weather discharge was activated.

(10) The minimum stream dilution factor, or adjusted minimum stream dilution factor, as required by paragraph 62-610.860(3)(c), F.A.C., shall be an enforceable permit condition and shall apply on each day during which the limited wet weather discharge is activated. The permittee may discharge a volume greater than the permitted capacity of the reuse or treatment facility if the stream dilution ratio during the period of discharge equals or exceeds the minimum stream dilution factor, or adjusted minimum stream dilution factor, as required by paragraph 62-610.860(3)(c), F.A.C., whichever is greater.

(11) The permit limits for CBOD5 and TKN shall apply as maximum monthly average limits for each month during which the limited wet weather discharge was activated. Only CBOD5 and TKN values obtained during days on which the limited wet weather discharge was activated shall be used to calculate the monthly average CBOD5 and TKN in the effluent.

(12) The expected frequency of discharge (P) is not an enforceable permit limit. It is expected that during years having rainfall greater than average the frequency of discharge may be greater than P. During years having rainfall less than average, the frequency of discharge normally will be less than P. However, under no circumstances shall the limited wet weather discharge be activated on more than 150 days during any one calendar year.

(13) The Department may revoke the permit for the limited wet weather discharge if the permittee discharges when the stream dilution ratio is less than the minimum required stream dilution factor or minimum adjusted stream dilution factor, whichever is greater, justified in the engineering report or if the limited wet weather discharge results in a significant adverse effect on the receiving stream.

(14) A limited wet weather discharge is not an emergency discharge pursuant to this chapter.

(15) Form 62-620.910(2) shall be used to apply for a permit to construct or operate a limited wet weather discharge. The permit application may be combined with an application for a reuse/land application system or for a treatment plant.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 4-2-90, Formerly 17-610.860, Amended 1-9-96, 4-1-21.

Fla. Admin. Code R. 62-610.865 Blending of Demineralization Concentrate with Reclaimed Water

(1) Within this chapter, the term “concentrate” will be used synonymously with “demineralization concentrate.” The Department shall classify demineralization concentrate as a “potable water byproduct,” and not as an “industrial wastewater.”

(2) Rule 62-610.865, F.A.C., applies to projects, for which complete permit applications which request authorization to blend concentrate with reclaimed water were received by the Department on or after August 8, 1999. Rule 62-610.865, F.A.C., also shall apply to existing projects which are being expanded or modified; however, these rule requirements shall only apply to the expanded or modified portion of the project.

(3) Demineralization concentrate may be blended with reclaimed water which will be used in reuse systems regulated under Parts II, III, IV, and VII of this chapter if all of the requirements of Rule 62-610.865, F.A.C., and the appropriate parts of this chapter are met.

(4) Permittees wishing to blend demineralization concentrate with reclaimed water are urged to proceed cautiously. Concentrate typically contains elevated concentrations of dissolved solids and inorganic constituents, which normally are not removed from the reclaimed water as it travels through the unsaturated or saturated zones beneath the Earth’s surface. As a result, the ability of a reuse or land application project to meet ground water quality criteria at the edge of the zone of discharge shall be addressed in the engineering report. Elevated concentrations of dissolved solids and salts may harm sensitive vegetation being grown on the reuse or land application site and may decrease the hydraulic capacity of reuse and land application sites, especially where reclaimed water will be used to irrigate landscape areas and edible food crops, as allowed by Part III of this chapter.

(5) Engineering report.

(a) The engineering report shall provide reasonable assurances that ground water criteria contained in Chapter 62-520, F.A.C., will be met at the edge of the zone of discharge.

(b) The engineering report shall provide reasonable assurances that the blend will not harm vegetation or crops grown on the reuse or land application sites and that the blend will not impair the ability of the site to function as intended. Salt tolerances of vegetation found in the reuse or land application system shall be evaluated.

(c) The engineering report shall evaluate the potential for salts and other constituents in the concentrate to adversely affect the infiltration/percolation capabilities of the soils in the reuse system. If the sodium adsorption ratio in the blend approaches or exceeds 15, it is recommended that sodicity hazards and impacts on soil infiltration/percolation be addressed in detail in the engineering report based on input from individuals having expertise in soils science.

(d) The engineering report shall evaluate the ability of the reuse system to protect public health.

(e) The engineering report shall examine constraints needed to ensure compliance with water quality standards and to ensure protection of environmental quality, public health, site vegetation, and the ability of reuse and land application sites to function as intended.

(f) The engineering report shall characterize the reclaimed water, concentrate, and blend.

(g) The engineering report shall include recommendations for a minimum blend ratio. This minimum blend ratio shall be justified based on the considerations described in subsection 62-610.865(5), F.A.C.

(6) Demineralization concentrate, reclaimed water, and blend quality.

(a) The applicant shall evaluate the tolerances of vegetation grown in areas to receive reclaimed water to constituents contained in the concentrate and the blend. The applicant shall evaluate potential affects of the blend on the soils to which the blend will be applied. These evaluations shall be included in an affirmative demonstration in the engineering report that the blend can be applied to the land and vegetation in an acceptable manner which will not harm the vegetation or impair the soil’s ability to accommodate the applied blend. The applicant shall establish limitations on total dissolved solids, chlorides, and sodium adsorption ratio in the blend to protect vegetation, soils, and ground water quality. The Department shall incorporate these limitations into the permit as single sample maxima limitations for the blend.

(b) The reclaimed water shall meet all requirements of the appropriate part of this chapter at a point upstream from the addition of the concentrate.

(c) The blend shall meet all requirements of the appropriate part of this chapter at the point where it is introduced into the reclaimed water conveyance or distribution system.

(d) The permit shall include a minimum blend ratio which shall be equaled or exceeded at all times.

(7) Permitting.

(a) Separate domestic wastewater and concentrate permits shall be issued, except as provided for in paragraph 62-610.865(7)(b), F.A.C. The concentrate permit holder shall be responsible for the quality of the concentrate, monitoring of the concentrate, and facilities associated with the storage and conveyance of the concentrate. The concentrate permit holder shall be responsible for hydrogen sulfide control, if needed. The domestic permit holder shall be responsible for treatment, disinfection, storage, quality, and monitoring of the reclaimed water. The domestic wastewater permit holder shall be responsible for the quality, monitoring, conveyance, and application of the blend and for all monitoring at the reuse and land application sites.

(b) A single domestic wastewater permit shall be issued if a single municipality or utility owns and operates both the domestic wastewater facilities and the water treatment facilities which generate the concentrate.

(c) In the case where separate domestic and concentrate permits are issued, the domestic wastewater permittee shall execute an agreement with the concentrate permittee to ensure acceptable project performance. The agreement shall address the quality and quantity of the concentrate, system operation, storage requirements, monitoring, sharing of information, quality control, and remedies in the event problems develop. Remedies shall include provisions for terminating the service of accepting the concentrate if problems develop.

(d) Permit fees for the domestic wastewater permit shall be based on the sum of the capacity of the domestic wastewater facility (without the introduction of the concentrate) and the maximum anticipated flow of the concentrate.

(e) Adding concentrate to the reclaimed water at an existing domestic wastewater facility and reuse system shall be considered as a modification which will subject the reuse facilities to the requirements of this chapter.

(8) Monitoring.

(a) Reclaimed water shall be monitored as required by the appropriate part of this chapter. Monitoring requirements in Chapter 62-600, F.A.C., shall apply.

(b) Flows shall be monitored continuously in two locations. The flow of the concentrate shall be monitored continuously. In addition, either the flow of the reclaimed water (before blending) or the flow of the blend shall be continuously monitored. The blend ratio shall be calculated continuously.

(c) The blend shall be monitored continuously for specific conductance. The results of this monitoring shall be used to make continuous judgments of the quality of the blend related to inorganic constituents of the blend (such as total dissolved solids and chlorides).

(d) Continuous monitoring equipment shall be equipped with an automated data logging or recording device. Continuous monitoring equipment shall be maintained according to the manufacturer’s operation and maintenance instructions. Continuous monitoring equipment shall be calibrated according to the requirements of Chapters 62-160 and 62-600, F.A.C.

(e) The blend shall be monitored as required by the appropriate part of this chapter. Monitoring requirements in Chapter 62-600, F.A.C., shall apply to the blend. Total suspended solids, fluoride, total dissolved solids, chlorides, pH, and sodium adsorption ratio shall be monitored weekly in the blend. Additional parameters to be sampled and analyzed for in the blend on a weekly basis shall be established in the permit based on characterization of the concentrate and the blend contained in the engineering report. After the first year of operation, the Department shall reduce the sampling frequency if the applicant provides an affirmative demonstration that ground water standards will be met and that site vegetation and public health will be protected.

(f) An annual scan of the parameters listed as primary and secondary drinking water standards in Chapter 62-550, F.A.C. (except for asbestos, total coliforms, color, odor and residual disinfectants), shall be for the reclaimed water and the blend.

1. Results of the scan shall be reported on Discharge Monitoring Report (DMR), DEP Form 62-620.910(10), (adopted and incorporated by reference in subsection 62-620.910(10), F.A.C., effective November 29, 1994). The DMR form shall be electronically submitted to the Department by January 28 using the DEP Business Portal at http://www-fldepportal.com/go/.

2. Approved analytical methods identified in paragraph 62-620.100(3)(j), F.A.C., shall be used for analysis. If no method is included for a parameter, methods specified in Chapter 62-550, F.A.C., shall be used.

3. After the first year, the Department shall reduce the parameters to be reported in the annual scan if the applicant provides an affirmative demonstration that ground water standards will be met and that site vegetation and public health will be protected. At a minimum, when an application for permit renewal is submitted, the full list of parameters listed as primary and secondary drinking water parameters, except for the exceptions listed in subsection 62-610.865(8)(f), F.A.C., shall be reported for the reclaimed water and the blend and submitted with the permit application.

(9) Operating protocol.

(a) In accordance with Rule 62-610.320, F.A.C., the domestic wastewater permittee shall establish an operating protocol for the blending. This operating protocol shall contain procedures designed to ensure that only acceptable quality blend water is released to the reuse system. The acceptability of the reclaimed water will be based on factors addressed in the engineering report, as described in subsection 62-610.865(5), F.A.C., such that protection of public health, environmental quality, and site vegetation will be assured. The two key parameters to be used in making continuous judgments of the acceptability of the blend are the blend ratio and the specific conductance.

(b) Reuse projects regulated under Part III of this chapter will have an additional operating protocol for operation of the domestic wastewater treatment facility, as described in Rule 62-610.463, F.A.C. The permittee may combine the two operating protocols into a single document.

(10) Demineralization concentrate storage.

(a) The demineralization concentrate permittee shall be responsible for the provision, operation, and maintenance of concentrate storage facilities.

(b) Provisions shall be made for storage of demineralization concentrate, unless a permitted alternate discharge mechanism or other approved methods are available for disposal or handling of the concentrate during periods when blending is not possible.

(c) If concentrate storage is needed to meet permit requirements, the storage pond or tank shall have a capacity equal to three days flow of concentrate at the maximum flow of the process producing the concentrate. If blending will take place after the reclaimed water system storage facilities, the concentrate storage capacity shall equal the number of days storage required to be provided in the system storage facilities for the reclaimed water.

(d) Concentrate storage systems shall be lined or sealed to prevent measurable seepage or shall be constructed of impervious materials. Requirements for lined storage ponds are contained in subsection 62-610.414(4), F.A.C.

(11) The permittee shall submit an annual summary of water quality in the reclaimed water, the concentrate, the blend, and ground water monitoring wells. Correlations between specific conductance and chloride, and total dissolved solids shall be developed and reported. The summary shall include an evaluation of any adverse effects on vegetation and ground water quality and needed corrective actions, including needed revisions to the operating protocol.

(12) Except as provided in subsection 62-610.865(13), F.A.C., blending shall be accomplished after the domestic wastewater has received all treatment and disinfection. This may be before or after system storage facilities associated with the reuse system. If blending will occur before system storage associated with the reuse system, the applicant shall provide an affirmative demonstration that the system storage facilities have sufficient capacity to meet the system storage requirements based on the combined flows of reclaimed water and the concentrate.

(13) Demineralization concentrate may be discharged into the sanitary sewerage system.

(a) All of the following conditions shall be met:

1. The resulting mixture of concentrate and domestic wastewater receives the full level of treatment required by the part of this chapter which regulates the reuse system.

2. The applicant provides an affirmative demonstration that the sewerage system and treatment facilities have sufficient capacities to accommodate the added volume of concentrate.

3. The addition of concentrate will not impair the ability of the treatment facility to meet reclaimed water limitations.

4. The resulting reclaimed water will not harm vegetation grown in the reuse system.

5. The resulting reclaimed water will not reduce the infiltration/percolation capacities of soils in the reuse system.

6. The reuse system will comply with ground water standards at the edge of the zone of discharge.

(b) If concentrate is added only to the sewerage system before treatment, the provisions in subsections 62-610.865(2) through (12), F.A.C., shall not apply.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 8-8-99, Amended 8-8-21.

Fla. Admin. Code R. 62-610.870 Reporting and Enforcement

(1) Reporting and enforcement procedures shall be pursuant to Chapters 62-600 and 62-620, F.A.C.

(2) For facilities having an approved limited wet weather discharge, reporting and enforcement requirements are specified in Rule 62-610.860, F.A.C.

(3) Annual Reuse Report.

(a) Permittees having responsibility for domestic wastewater treatment facilities (new and existing) having permitted capacities of at least 0.1 mgd that discharge all or part of their reclaimed water to reuse systems permitted under this chapter, shall submit an annual report to the Department and the appropriate water management district. This reporting requirement also applies to all permittees responsible for operation of reuse authorities. Domestic wastewater permits issued by the Department identify portions of domestic wastewater projects that are categorized as “reuse.” The report shall be electronically submitted annually on or before January 1 of each year using the DEP Business Portal at http://www.fldepportal.com/go/ utilizing Form 62-610.300(3)(a)2., Annual Reuse Report, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)2., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13380).

(b) The report shall include estimates of the annual average utilization (expressed in mgd) of reclaimed water for beneficial purposes and estimates of the annual average flows (expressed in mgd) sent to effluent disposal systems for the previous federal fiscal year (October 1 through September 30). These are intended to be estimates. Detailed flow monitoring for all individual uses and users is not required. Data obtained will be used to maintain an inventory of reuse activity in Florida.

(c) Permittees of reuse systems which include commercial agricultural operations using reclaimed water to irrigate edible crops shall attach their inventory of edible crop irrigation required by subsection 62-610.475(5), F.A.C., to the annual reuse report.

(d) Permittees shall attach their inventory of storage facilities, as required by Rules 62-610.464 and 62-610.830, F.A.C., to the annual reuse report.

(e) Permittees making reclaimed water available for activities regulated by Part III of this chapter shall attach a summary of their public notification program (including copies of public notification materials), as required by subsection 62-610.468(6), F.A.C., to the annual reuse report.

(f) Permittees making reclaimed water available for activities listed in subsection 62-610.800(13), F.A.C., shall attach a summary of the utility’s metering activities and the rate structure that the utility currently employs or plans to employ, as required by subsection 62-610.800(13), F.A.C., and Section 403.064(16), F.S., to the annual reuse report.

History

• Rulemaking Authority 403.051, 403.061, 403.064, 403.087, 403.0881 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.064, 403.085, 403.086, 403.087, 403.088, 403.0881 FS. History–New 4-2-90, Formerly 17-610.870, Amended 1-9-96, 8-8-99, 11-19-07, 8-8-21.

Fla. Admin. Code R. 62-610.880 Abnormal Events

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.087, 403.088, 403.182 FS. History‒New 4-2-90, Formerly 17-610.880, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.890 General Permit for Adding New Major Users to a Part III Reuse System

(1) A general permit is hereby granted to a permittee whose permit includes a reuse system for the addition of a new major user of reclaimed water (using 0.1 mgd or more, as an annual average), provided that:

(a) Notice to the Department under subsection 62-4.530(1), F.A.C., is submitted on Form 62-610.300(3)(a)1., Notice of Intent to Use General Permit for Addition of a Major User of Reclaimed Water, (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)1., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13371); and,

(b) The reuse system is permitted under Part III of this chapter; and,

(c) The major user to be added is located within the general reuse area designated in an existing reuse/land application permit; and,

(d) The capacity of the reuse system noted in the existing permit will not change as a result of this addition of a major user; and,

(e) There will be no direct discharge of reclaimed water to any storage ponds, lakes, or other water bodies which are waters of the state or which will discharge to waters of the state; and,

(f) Reclaimed water will be used by the major user in accordance with this chapter for an activity allowed by Part III or VII of this chapter.

(2) The notice to the Department of the permittee’s intent to use this general permit requires certification by a professional engineer registered in the State of Florida and the applicant on Form 62-610.300(3)(a)1., Notice of Intent to Use General Permit for Addition of a Major User of Reclaimed Water Form (adopted and incorporated by reference in subparagraph 62-610.300(3)(a)1., F.A.C., effective August 8, 2021, http://www.flrules.org/Gateway/reference.asp?No=Ref-13371).

PART IX FORMS AND INSTRUCTIONS

History

• Rulemaking Authority 403.814(1) FS. Law Implemented 403.061, 403.087, 403.088, 403.814 FS. History–New 4-2-90, Formerly 17-610.890, Amended 1-9-96, 8-8-99, 8-8-21.

Fla. Admin. Code R. 62-610.900 General

History

• Rulemaking Authority 120.53(1), 403.061 FS. Law Implemented 120.53(1), 120.55, 403.061 FS. History‒New 4-2-90, Formerly 17-610.900, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.910 Forms and Instructions

History

• Rulemaking Authority 120.53(1), 403.061 FS. Law Implemented 120.53(1), 120.55, 403.061 FS. History‒New 4-2-90, Formerly 17-610.910, Repealed 1-9-96.

Fla. Admin. Code R. 62-610.415 Storage Pond Design and Operation

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.021, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History‒New 4-4-89, Formerly 17-610.415, Repealed 1-9-96.

Chapter 62-611 WETLANDS APPLICATION

Fla. Admin. Code R. 62-611.110 Applicability

(1) Requirements in this rule shall apply only to domestic wastewater facilities.

(2) The use of wetlands as treatment wetlands shall not be permitted where the:

(a) Wetlands are within Outstanding Florida Waters as listed in Rule 62-302.700, F.A.C.;

(b) Wetlands are within Class I or Class II waters (Rule 62-302.400, F.A.C.);

(c) Wetlands are within areas designated as areas of critical state concern as of October 1, 1985;

(d) Wetland is a herbaceous wetland, unless the herbaceous groundcover of the entire wetland is composed of greater than 50% Typha spp. (cattail). This prohibition shall not apply in hydrologically altered wetlands.

(3) The use of wetlands as receiving wetlands shall not be permitted where the:

(a) Wetlands are within Class I or II waters;

(b) Wetland is a herbaceous wetland, unless the herbaceous groundcover of the entire wetland is composed of greater than 50% Typha spp. (cattail). This prohibition shall not apply in hydrologically altered wetlands.

History

• Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History– New 11-27-89, Formerly 17-611.110.

Fla. Admin. Code R. 62-611.200 Definitions

Terms used in this chapter shall have the meaning specified below. The meaning of any term not defined below, shall be taken from definitions in Chapter 62-600, F.A.C., or in other rules of the Department.

(1) “Approved methods” means sampling and laboratory testing methods approved by the Department, as specified by Section 62-4.246, F.A.C.

(2) “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter present in water or wastewater, reported as a five-day value established as determined using approved methods.

(3) “Chloride” means the negatively charged chloride ion (Cl-) in water or wastewater, as determined using approved methods.

(4) “Conductivity” means the standardized numerical expression of the ability of water or wastewater to carry an electric current, as determined using approved methods.

(5) “Department” means the Department of Environmental Protection.

(6) “Disinfection” means the selective destruction of pathogens in wastewater effluents and sludges.

(7) “District office” means the regional district offices of the Department.

(8) “Domestic wastewater” means wastewater derived principally from dwellings, business buildings, institutions, and the like; sanitary wastewater; sewage. Where wastewater from sources other than typical domestic sources, (e.g., industrial sources) is combined and treated with wastes from domestic sources, the determination of whether or not the wastewater treatment plant is designated as “domestic” shall be made by the Department considering any or all of the following: sludge classification (currently in “reserved” status); whether wastewaters have been pretreated or contain constituents within 50-150%, by concentration, of typical domestic wastewater; and whether the permittee, when not required to provide more stringent or otherwise specific levels of treatment, can provide assurance of facility compliance with domestic wastewater treatment standards contained in this chapter.

(9) “Effluent limitation” means any restriction established by the Department on quantities, rates, or concentrations of chemical, physical, biological, or other constituents which are discharged from sources into the environment of the state.

(10) “Fecal coliform” means members of the coliform group capable of producing gas from lactose at 44.5º C, as determined using approved methods.

(11) “Forage fish” means all species of fish not otherwise defined as rough fish or as sport and commercial fish.

(12) “Herbaceous wetland” means an area within the landward extent of waters of the state where herbaceous ground cover constitutes greater than 30% of the uppermost stratum.

(13) “Holding pond” means a storage tank or artificial impoundment or pond constructed above, on, below, or partly below the ground surface that is designed and maintained to store a specific volume of fluid and minimize fluid losses other than those primarily occurring by evaporation; generally holding ponds are not intended to provide a mechanism for pollutant reduction. When used in conjunction with rapid-rate land application systems or other systems described in Rule 62-610, F.A.C., holding ponds can also provide a mechanism to accomplish nitrogen reduction.

(14) “Hydrologically altered herbaceous wetland” means a herbaceous wetland in which the hydrologic regime has been altered prior to October 1, 1985, by drainage works which have directly resulted in substantial and continuing encroachment by perennial upland species.

(15) “Hydrologically altered woody wetland” means a woody wetland in which the hydrologic regime has been altered prior to October 1, 1985, by drainage works which have directly resulted in substantial and continuing reduction in water levels.

(16) “Importance value” means the sum of the relative density, relative dominance, and relative frequency, converted to a basis of 100 percent.

(17) “Man-made wetland” means a wetland which was created solely as a result of human activity, such as scraping or contouring of uplands or the land application of reclaimed water, that then comes within the landward extent of waters. A man-made treatment wetland does not include a wetland that was created as mitigation pursuant to a Department dredge and fill permit or consent order.

(18) “Milligrams per liter (mg/l)” means the quantity of material present in water or wastewater expressed on the basis of the weight (milligrams) per unit volume of solution (liter).

(19) “Modification” means any alteration, expansion, upgrade, extension, addition, or replacement of an existing wastewater facility for which a construction permit is required from the Department after the effective date of this chapter; modify.

(20) “Nitrate (NO3)” means the nitrogen content present in water or wastewater attributable to the nitrate (NO3) ion and expressed as elemental nitrogen, N, as determined using approved methods.

(21) “Nitrite (NO2)” means the nitrogen content present in water or wastewater attributable to the nitrite (NO2) ion and expressed as elemental nitrogen, N, as determined using approved methods.

(22) “Permittee” means the person or entity to which a permit for a wastewater facility is issued by the Department. The term “permittee” shall be functionally synonymous with the terms “owner” and “licensee”, but shall not include licensed individuals (e.g., operators) unless they are the person(s) to whom a facility permit is issued by the Department. The term shall extend to a permit “applicant” for purposes of this chapter. To the extent that this chapter imposes duties with respect to the construction, operation, maintenance, or monitoring of a facility and for reporting to or securing permits from the Department, ultimate responsibility lies with the owner of the facility. Nevertheless, Chapter 403, F.S., creates joint and several liability for those responsible for violations.

(23) “pH” means the negative common logarithm of the hydrogen-ion activity in moles per liter, as determined using approved methods.

(24) “Pollution” means the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, including outdoor recreation.

(25) “Receiving wetland” means a wetland within the landward extent of waters of the state used to receive reclaimed water that contain not more, on an annual average basis, than the following concentrations:

1. Carbonaceous Biochemical Oxygen Demand 5 mg/l;

2. Total Suspended Solids 5 mg/l;

3. Total Nitrogen (as N) 3 mg/l; and,

4. Total Phosphorus (as P) 1 mg/l.

(26) “Reclaimed water” means water that has received at least secondary treatment and is reused after flowing out of a wastewater treatment facility.

(27) “Relative density” means the density for a species divided by the total density for all species, converted to a basis of 100 percent.

(28) “Relative dominance” means the dominance for a species divided by the total dominance for all species, converted to a basis of 100 percent. Dominance shall be determined using basal area or areal coverage measurements.

(29) “Relative frequency” means the frequency value for a species divided by the total of frequency values for all species converted to a basis of 100 percent.

(30) “Rough fish” means all members of the families Castastomidae (the suckers), Cichlidae (the Tilapia and relatives), and Lepisosteidae (the gar); and all members of the species Amia calva (bowfin), Ctenopharyngodon idella (grass carp), Cyprinus carpio (common carp), and Dorosoma cepedianum (gizzard shad).

(31) “Secondary treatment” means wastewater treatment to a level that will achieve the effluent limitations specified in Rule 62-600.420, F.A.C.

(32) “Sport and commercial fish” means all members of the genera Acipenser (the sturgeon), Esox (the pickerel), Ictalurus (the catfish), Micropterus (the bass), and Morone (the white and striped bass and their hybrids); as well as the species Alosa sapidissima (American shad), Anguilla rostrata (American eel), Centrarchus macropterus (flier), Lepomis auritus (redbreast sunfish), Lepomis gulosus (warmouth), Lepomis macrochirus (bluegill sunfish), Lepomis microlophus (redear sunfish), Lepomis punctatus (spotted sunfish), and Pomoxis nigromaculatus (black crappie).

(33) “Surface water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.

(34) “Total ammonia” means the sum of nitrogen content present as un-ionized ammonia (NH3) and the nitrogen content present as ammonium (NH4+).

(35) “Total chlorine residual” means the chlorine remaining in water or wastewater at the end of a specific contact period as combined and free chlorine, measured analytically by approved methods as combined chlorine residual.

(36) “Total coliforms” means the group of bacteria, consisting predominantly of Enterobacter, Escherichia and Klebsiella, which are biochemically characterized as aerobic or facultative anaerobic, gram-negative, non-sporeforming rod shaped bacteria that ferment lactose with gas formation within 48 hours at 35º C, as determined using approved methods.

(37) “Total dissolved solids (TDS)” means the amount of dissolved constituents present in water or wastewater, usually expressed in milligrams per liter and analyzed as filtrable residue, as determined using approved methods.

(38) “Total Kjeldahl nitrogen (TKN)” means the sum of free ammonia and organic nitrogen compounds in water or wastewater and expressed as elemental nitrogen, N, as determined using approved methods.

(39) “Total nitrogen (TN)” means the total content of the nitrogen species of organic nitrogen, ammonia, nitrate and nitrite present in water or wastewater and expressed as elemental nitrogen, N, as determined using approved methods.

(40) “Total organic carbon (TOC)” means the carbon content in water or wastewater that is present in the form of organic material, as determined using approved method.

(41) “Total phosphorus (TP)” means the total phosphate content of water or wastewater including all of the orthophosphates and condensed phosphates, both soluble and insoluble, and organic and inorganic species and expressed as elemental phosphorus, P, as determined using approved methods.

(42) “Total suspended solids (TSS)” means solids that either float on the surface of, or are suspended in, water or wastewater; the quantity of material removed from a sample in a laboratory test referred to as nonfiltrable residue, as determined using approved methods.

(43) “Treatment” means any method, technique, or process which changes the physical, chemical, or biological character or composition of wastewater and thereby reduces its potential for polluting waters of the state.

(44) “Treatment plant” means any plant or other works used for the purpose of treating, stabilizing, or holding wastes.

(45) “Treatment wetland” means a wetland within the landward extent of waters of the state used to treat reclaimed water that has received secondary treatment with nitrification.

(46) “Turbidity” means a condition in water or wastewater caused by the presence of suspended matter, resulting in the scattering and absorption of light rays, as determined using approved methods.

(47) “Wastes” means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which may pollute or tend to pollute any waters of the State.

(48) “Wastewater” means the combination of liquid and water-carried pollutants from residences, commercial buildings, industrial plants, and institutions together with any groundwater, surface runoff or leachate that may be present.

(49) “Wastewater facilities” means any or all of the following: the collection/transmission system, the treatment plant, and the disposal system.

(50) “Waters” shall be as defined in Section 403.031(3), F.S.

(51) “Water quality-based effluent limitation (WQBEL)” means an effluent limitation, which may be more stringent than a technology-based effluent limitation, that has been determined necessary by the Department to ensure that water quality standards in a receiving body of water will not be violated.

(52) “Water quality standards” means standards comprised of designated most beneficial uses (classification of waters), the numerical and narrative criteria applied to the specific water use or classification, the Florida anti-degradation policy, and the moderating provisions contained in Rules 62-302 and 62-4, F.A.C.

(53) “Woody wetland” means an area within the landward extent of waters where woody vegetation constitutes equal to or greater than 70% of the uppermost stratum.

History

• Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History–New 11-27-89, Formerly 17-611.200.

Fla. Admin. Code R. 62-611.300 General Qualitative Design Criteria

The discharge of reclaimed water to treatment or receiving wetlands shall:

(1) Minimize channelized flow and maximize sheet flow in the wetland;

(2) Minimize the loss or dissolution of sediments due to erosion or leaching; and,

(3) Not cause adverse effects on endangered or threatened species.

History

• Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History– New 11-27-89, Formerly 17-611.300.

Fla. Admin. Code R. 62-611.350 General Quantitative Design Criteria

(1) Hydraulic loading rates shall be designed to minimize alteration of the natural hydroperiod and for wetlands used for treatment to maximize their assimilative capacity. The annual average hydraulic loading shall not exceed two inches per week, except in hydrologically altered wetlands where the annual average hydraulic loading shall be appropriately designed for the site and approved by the Department to assure compliance with subsection 62-611.500(5), and Rule 62-611.450, F.A.C., and shall not exceed six inches per week.

(2) Upon renewal of the operation permit, the permittee may request a modification of design criteria based on a demonstration that predicted future trends in the effects of reclaimed water on the wetland and downstream waters, as will occur from the proposed modification, will meet standards pursuant to this rule. This demonstration shall be made based on five years of operational monitoring data as specified in Tables 1, 2 and 3 of Rule 62-611.700, F.A.C.

(3) Reclaimed water shall be stored in a holding pond constructed according to requirements provided in the manual on the Land Application of Domestic Wastewater Effluent in Florida referenced in Rule 62-610.300, F.A.C. The holding pond shall have sufficient storage capacity to assure retention of reclaimed water that has not been treated to an acceptable quality for discharge to a treatment or receiving wetland. At a minimum, this capacity shall be the volume equivalent to one day’s flow at the permitted capacity of the treatment plant. Provisions for recirculating and treating reclaimed water that has not been treated to an acceptable quality for discharge to a treatment or receiving wetland shall be incorporated into the design of the facility.

History

• Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History–New 11-27-89, Formerly 17-611.350.

Fla. Admin. Code R. 62-611.400 Specific Quantitative Design Criteria

(1) The minimum detention time of the reclaimed water within a treatment wetland shall be no less than fourteen days unless the applicant can affirmatively demonstrate that a shorter detention time will provide the required level of water quality in the discharge from the treatment wetland. This minimum detention time shall be calculated on an annual basis by dividing the estimated volume of the treatment wetland by the sum of the design flow rates of reclaimed water and natural inflow to the treatment wetland. The estimated volume of the treatment wetland shall be determined for the area and depth of the treatment wetland based on the landward extent of waters as specified in Sections 373.4211, F.S., and Rule 62-301.400.

(2) To maximize a treatment wetland’s assimilative capacity for reclaimed water on a long-term basis, the loading rate of total nitrogen (as N) shall not exceed 25g/m2/yr except for hydrologically altered wetlands where it shall not exceed 75 g/m2/yr, and the loading rate of total phosphorus (as P) shall not exceed 3.0 g/m2/yr except for hydrologically altered wetlands where it shall not exceed 9.0 g/m2/yr. The nutrient loading rates in hydrologically altered wetlands shall be appropriately designed for the site and approved by the Department to assure compliance with Rules 62-611.500 and 62-611.450, F.A.C.

History

• Rulemaking Authority 403.087, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History– New 11-27-89, Formerly 17-611.400.

Fla. Admin. Code R. 62-611.420 Discharge Limits to Treatment and Receiving Wetlands

(1) Reclaimed water discharged to a treatment wetland must receive secondary treatment with nitrification.

(2) Reclaimed water discharged to a receiving wetland shall contain not more, on an annual average basis, than the following concentrations:

(a) Carbonaceous Biochemical Oxygen Demand 5 mg/l;

(b) Total Suspended Solids 5 mg/l;

(c) Total Nitrogen (as N) 3 mg/l; and,

(d) Total Phosphorus (as P) 1 mg/l.

(3) Reclaimed water discharged to a treatment or a receiving wetland must not exceed 2.0 milligrams per liter total ammonia (as N) as a monthly average.

History

• Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History–New 11-27-89, Formerly 17-611.420.

Fla. Admin. Code R. 62-611.450 Discharge Limits from Treatment and Receiving Wetlands

(1) The discharge from a treatment or receiving wetland shall not have an average annual total nitrogen concentration greater than 3 mg/l (as N) of which no more than 0.02 mg/l (as N) may be as un-ionized ammonia, or an average annual total phosphorus concentration greater than 0.2 mg/l (as P), unless Water Quality Based Effluent Limitations (WQBEL) pursuant to Rule 62-600.430, F.A.C., have been established. In those waters where phosphorus has been shown not to be a limiting nutrient or a contaminant, the Department shall waive or alter the compliance levels for phosphorus until there is a demonstration that phosphorus is a limiting nutrient or contaminant. In those waters where phosphorus has been shown to be a limiting nutrient or a contaminant, the Department shall require plans for future additional phosphorous removal capability to be included in the approved design of the treatment facility. In order to determine if phosphorus is a limiting nutrient or contaminant in a water body, the Department shall consider the following water quality data from the receiving water body:

(a) Monthly analysis for total kjeldahl nitrogen, ammonia nitrogen, nitrite plus nitrate nitrogen, ortho phosphorus, total phosphorus, temperature, conductivity, and pH; and,

(b) Quarterly algal assays; and,

(c) Other data specific to the receiving water body. This data shall be no more than 5 years old.

(2) Pursuant to subsection 62-4.070(1) and 62-302.300, F.A.C., the applicant shall provide the Department with reasonable assurance that the discharge from a treatment or receiving wetland shall not cause or contribute to:

(a) Violations of water quality criteria contained in Chapter 62-302, F.A.C., in contiguous waters;

(b) Violations of water quality criteria contained in Chapter 62-302, F.A.C., in downstream waters, including a lake, estuary, lagoon, Outstanding Florida Water, or designated area of critical state concern;

(c) Violations of the nitrogen and phosphorus limits specified in Rule 62-611.450, F.A.C. These limits shall be used as guidance when determining whether reasonable assurance has been provided that Department standards will be met. However, the Department may set more stringent limits if necessary to assure compliance with these standards.

(3) If the maximum allowable concentration(s) of total nitrogen, un-ionized ammonia, or total phosphorus are exceeded in the discharge from the treatment or receiving wetland, the Department shall require the permittee to reduce the areal loading of total nitrogen, total ammonia, or total phosphorus to the treatment or receiving wetland, in accordance with an alternative approved by the Department. An alternative or alternatives for the reduction of the areal loadings of total nitrogen, total ammonia and total phosphorus to the treatment or receiving wetland shall be proposed in the application to construct a domestic wastewater treatment and disposal system and approved by the Department prior to the issuance of the permit.

History

• Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History–New 11-27-89, Formerly 17-611.450.

Fla. Admin. Code R. 62-611.500 Standards Within Treatment and Receiving Wetlands

(1) The following water quality standards of Chapter 62-302, F.A.C., shall not apply in the treatment or receiving wetland: paragraph 62-302.500(2)(f), subsections 62-302.530(7), 62-302.530(11) and 62-302.530(31), F.A.C., the total coliform bacteria standard in paragraph and subsections 62-302.530(48)(a), 62-302.530(62), 62-302.530(68) and 62-302.530(70), F.A.C. However, Outstanding Florida Water ambient water quality may not be lowered, as required in subsection 62-4.242(2), F.A.C.

(2) Levels of dissolved oxygen including daily and seasonal fluctuations shall be maintained to prevent violations of the biological quality standards contained in Rule 62-611.500, F.A.C.

(3) Wetland Biological Quality:

(a) The flora and fauna of the wetland shall not be changed to the extent that the ability of the wetland to function in the propagation and maintenance of healthy, well-balanced populations of fish and wildlife is impaired.

(b) Benthic Macroinvertebrates.

1. The Shannon-Weaver diversity of benthic macroinvertebrates shall not be reduced to less than 50% of background levels as measured using organisms retained by a U.S. Standard No. 30 sieve and collected and composited from either Hester-Dendy type artificial substrate samplers of 0.10 to 0.15 square meters each, incubated for a period of four weeks; or measured using organisms retained by a U.S. Standard No. 30 sieve and collected and composited from natural substrate samplers, such as benthic grabs or coring devices. If grabs or cores are to be taken, ponar-type samplers with minimum sampling areas of 225 square centimeters or coring devices with minimum sampling areas of 45 square centimeters shall be used. Any of these types of samplers can be used at each sampling station, but once a type of sampler is used at a station it must always be used at that station. The minimum number of samples necessary at a given station shall be that number needed to be 90% certain of being within 15% of the mean diversity of the population.

2. Once a determination of the needed number of samples is made for a station, that number of samples shall continue to be used at the station.

3. The Shannon-Weaver diversity index shall be as defined in Rule 62-302.200, F.A.C.

(c) Fish.

In a wetland with fish populations, an analysis of covariance shall be conducted annually, by species, using water depth as a covariant and biomass as a dependent variable. Where significant (0.15) changes from baseline data in biomass occur the permittee shall determine the cause of this change. Where significant changes occur that cannot be statistically attributed to factors other than the discharge, it shall constitute a violation of this section if the biomass of sport and commercial or of forage fish decreases by at least 10%. Where significant changes occur that cannot be statistically attributed to factors other than the discharge, it shall also constitute a violation of this section if the biomass of rough fish increases by at least 25% unless the ratio of sport and commercial fish to rough fish is maintained. All data shall be collected at times when standing water is present in the wetland. If sampling at any station yields no fish for four consecutive quarters when water is present, the fish sampling at that station can be eliminated. Standardized samples shall be collected using an electroshocking device along a series of evenly spaced transects in the wetland, or using a Wegener Ring, with a minimum sampling area of 0.8 m2 , thrown at 30 meter intervals along a series of evenly spaced transects in the wetland; or any other similar method approved by the Florida Game and Fresh Water Fish Commission and the Department. Any fish kills observed during any monitoring shall be reported to the Department immediately.

(d) Vegetation.

1. The importance value of each plant species occupying the canopy and subcanopy strata, as defined in subsection 62-301.400(1), F.A.C., shall be determined at each station and averaged over the entire wetland. The importance value of any of the most common species in the canopy and subcanopy at any station shall not be reduced by more than 50% excluding the following species: (1) Casuarina spp. (Australian pine), (2) Melaleuca quinquenervia (punk tree), (3) Sapium sebiferum (popcorn tree), and (4) Schinus terebinthifolius (Brazilian pepper). In addition, the average importance value for all stations of any of the most common plant species occupying the canopy or subcanopy stratum, excluding those species listed in this paragraph, shall not be reduced by more than 25%. The most common plant species shall be defined as those species present during the baseline monitoring program within the canopy and subcanopy that have a relative importance value of at least 15%.

2. The minimum number of quadrats shall be that number needed to provide 90% certainty of being within 15% of the mean number of species of the population. Once the minimum number of quadrats is determined, the quadrats shall be permanently located for continued use at the station. The minimum quadrat size shall be 100 m2 for canopy vegetation and 50 m2 for subcanopy vegetation.

3. Reductions in the importance value or average importance value of a plant species resulting from management operations authorized by the Department or events such as fire or a hurricane shall not constitute a violation.

(4) Substances in concentrations which are chronically toxic to humans, animals, or plants, or provide adverse physiological or behavioral response in humans or animals, shall not be present.

(5) The standards set forth in the following rule shall not apply in a hydrologically altered wetland: subsection 62-611.500(2), and paragraphs (3)(b) through (d), F.A.C. A hydrologically altered wetland shall be monitored as specified in Rule 62-611.700, F.A.C., in accordance with methodologies approved by the Department. The applicant must demonstrate that the discharge of reclaimed water to the hydrologically altered wetland will maintain or increase the dominance of plant species listed in Rule 62-301.400, F.A.C., and the wetland biological quality. Whether the discharge will maintain or increase the wetland biological quality will be evaluated in accordance with monitoring requirements set forth in subsection 62-611.500(3), F.A.C.

History

• Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History–New 11-27-89, Formerly 17-611.500.

Fla. Admin. Code R. 62-611.600 Permitting Requirements

(1) Any person who intends to discharge reclaimed water to wetlands shall file an application to construct a domestic wastewater treatment and disposal system(s), or file a petition for an exemption pursuant to Rule 62-600.120, F.A.C., with a permit application. Such an application shall be filed using form 62-620.910(16), F.A.C. The applicant must receive such a permit before construction of the wastewater facilities, or for existing wastewater facilities before construction of the modifications for discharge to wetlands. Management practices proposed by the applicant for the treatment of receiving wetland shall be included in the permit application and must be approved by the Department before implementation. In addition to meeting the requirements of this section, the applicant shall comply with all other applicable rules of the Department.

(2) Any person who has a Department permit to discharge to wetlands pursuant to Rule 62-600.120, F.A.C., shall not be regulated pursuant to Chapter 62-611, F.A.C., unless the wastewater treatment plant is modified or expanded, or the point of discharge is relocated. After the initial period of operation under a permit and exemption issued pursuant to Rule 62-600.120, F.A.C., the permittee may obtain an operation permit upon demonstration that all permit and exemption conditions and the provisions of Rule 62-600.120, F.A.C., are being met and the discharge does not cause or contribute to violations of water quality standards contained in Chapter 62-302, F.A.C., in contiguous and downstream waters.

(3) All other dischargers of reclaimed water to wetlands within the Department’s jurisdiction, permitted prior to May 1, 1986, if complying with the conditions of the permit, shall comply with the provisions of this section or comply with all applicable water quality standards, by May 1, 1991. The Department may consider modifications from baseline and operational monitoring requirements for these dischargers.

(4) The applicant shall obtain sufficient legal interest in the treatment or receiving wetland to provide reasonable assurance that the treatment or receiving capability will not be adversely affected. Documentation of this legal interest shall be submitted to the Department with the application to construct a domestic wastewater treatment and disposal system.

(5) The Department shall consider the adverse effects of dredging or filling on the treatment or receiving wetland. Minor dredging and filling which is associated with the construction of the discharge pipe(s) or spreader system or which is necessary for the installation of platforms or gauges for monitoring shall be reviewed as part of the application to construct a domestic wastewater treatment and disposal system. In reviewing any other dredge and fill permit application the Department shall apply the permitting criteria of subsection 373.414(1), F.S., to contiguous and downstream waters and the treatment or receiving wetland. The permitting criteria of subsection 403.918(1), F.S., shall apply to contiguous and downstream waters and the treatment or receiving wetland except that the water quality criteria in subsection 62-611.500(1), F.A.C., shall not apply in the treatment or receiving wetland and the water quality criteria in paragraph 62-302.530(48)(b), F.A.C., shall not apply in hydrologically altered treatment wetlands. The Department shall make all reasonable attempts to evaluate the dredge and fill permit application concurrently with the application to construct a domestic wastewater treatment and disposal system.

(6) The applicant shall provide the Department with reasonable assurances that public access to a treatment or receiving wetland shall be restricted unless high level disinfection is provided. Such reasonable assurances may include, but shall not be limited to posting of signs at regular intervals around the boundary of the treatment wetland and posting and gating all access roads to the treatment wetland, or similar restrictions.

History

• Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History–New 11-27-89, Formerly 17-611.600, Amended 12-26-96.

Fla. Admin. Code R. 62-611.650 Man-made Wetlands

(1) The provisions of this section shall not apply to the discharge of reclaimed water to man-made wetlands, provided that the water quality criteria for heavy metals contained in Chapter 62-302, F.A.C., shall apply in man-made wetlands. Except as provided herein such discharge shall not be required to meet the surface water quality criteria contained in Chapter 62-302, F.A.C., except for Rule 62-302.500, F.A.C. However, discharges to such wetlands shall be permitted in accordance with all other applicable surface water discharge criteria in Chapter 62-600, F.A.C., and other rules.

(2) If the man-made wetland is contiguous to other waters, the permit applicant shall provide reasonable assurance that Rule 62-611.450, F.A.C., and all other applicable water quality criteria in Chapter 62-302, F.A.C., will be met at the boundary between the man-made wetland and other waters, or the applicant shall obtain a permit for discharge of reclaimed water to wetlands for the discharge from the man-made wetland to other wetlands within the landward extent of waters of the state, in accordance with the criteria contained in this section.

(3) In reviewing a proposal to dredge and fill in a man-made wetland, the department shall apply the permitting criteria of Sections 373.414(1), F.S., to the downstream water only. In addition, the Department shall consider the adverse effects of the dredging and filling on the assimilation capacity of the man-made wetland. Minor dredging and filling which is associated with the construction of the discharge pipe(s) or spreader system, or which is necessary for the installation of platforms or gauges for monitoring shall be reviewed as part of the application to construct or operate a domestic wastewater treatment and disposal system. Any other dredging and filling shall require a dredge and fill permit which shall, when possible, be evaluated concurrently with the application to construct a domestic wastewater treatment and disposal system.

(4) A man-made wetland created for mitigation as a condition of a Department dredge and fill permit may not be used as a treatment wetland. Such a man-made wetland is not prohibited from use as a receiving wetland, provided all appropriate Department rules are met, and provided that such a use is in conformance with the dredge and fill permit that required the mitigation.

History

• Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History–New 11-27-89, Formerly 17-611.650.

Fla. Admin. Code R. 62-611.700 Monitoring Requirements

(1) To ensure compliance with water quality standards and to establish a data base upon which to evaluate the design criteria and the performance of the treatment or receiving wetland, a monitoring program shall be required. Data to be collected shall include but not be limited to parameters, stations, and frequency as listed in Tables 1, 2, and 3. After three years of operation, the permittee may request a modification in the parameters and frequency of the monitoring program based on a demonstration that there is an adequate data base to predict future trends in the effects of the discharge of reclaimed water on the wetland. The proposed monitoring plans, using scientifically accepted methodology and appropriate quality assurance, shall be submitted to the Department. The Department shall approve or deny the plan within 45 days of receipt of all necessary information. Upon Department approval of the plan and format for data reporting, baseline monitoring may begin.

(2) Upon Department approval of the plan and format for data reporting an application to construct a domestic wastewater treatment and disposal system may be filed. Before discharge of reclaimed water to a treatment or receiving wetland begins, the applicant shall complete a baseline monitoring program to determine background conditions. The department shall utilize baseline monitoring data to evaluate whether the discharge from a treatment or receiving wetland will exceed the limits established pursuant to Rule 62-611.450, F.A.C. The Department may determine that an application to construct a domestic wastewater treatment and disposal system is complete prior to completion of the baseline monitoring program if, pursuant to subsections 62-4.070(1) and 62-302.300(5), F.A.C., reasonable assurance is provided by the applicant that the discharge from the treatment or receiving wetland will not cause or contribute to violations of water quality criteria contained in Chapter 62-302, F.A.C., in contiguous and downstream waters. If baseline monitoring data indicate the discharge from the treatment or receiving wetland may exceed the limits established in Rule 62-611.450, F.A.C., Water Quality Based Effluent Limitations (WQBEL) must be established pursuant to Rule 62-600.430, F.A.C. Any WQBEL shall be incorporated as a permit condition.

History

• Rulemaking Authority 403.061, 373.414(4) FS. Law Implemented 403.051, 403.061, 403.085, 403.086, 403.087, 403.088, 373.414(4) FS. History–New 11-27-89, Formerly 17-611.700.

Chapter 62-620 WASTEWATER FACILITY AND ACTIVITIES PERMITTING

Fla. Admin. Code R. 62-620.100 Scope/Applicability/References

(1) Scope. This chapter sets forth the procedures to obtain a permit to construct, modify, or operate a wastewater facility or activity which discharges wastes into waters of the State or which will reasonably be expected to be a source of water pollution. It also includes requirements and procedures for establishing permit limitations and conditions, issuance or denial of a permit, extension, renewal or revision of a permit, suspension or revocation of a permit, and transfer of a permit to a new owner. It contains requirements for monitoring and reporting after the permit is issued, and lists the forms needed to apply for a permit and to report the results of testing and monitoring required by this chapter.

(2) Applicability.

(a) Where there are conflicts with other existing specific or general rules of the Department, the requirements and procedures set forth in this chapter shall supersede all other procedures and requirements for wastewater facilities or activities.

(b) Requirements in this chapter shall apply to domestic or industrial wastewater facilities which discharge wastes into waters or which can reasonably be expected to be a source of pollution.

(c) The permitting procedures of this chapter apply to stormwater discharges regulated under Section 403.0885, F.S. It is the intent of this chapter as to stormwater discharges to implement the substantive requirements of the Federal NPDES stormwater program.

(d) The requirements of this chapter are in addition to and not in lieu of the requirements of Part IV of Chapter 373, F.S.

(e) This chapter does not apply to septic tank drainfield systems and other on-site sewage treatment and disposal systems with subsurface disposal if:

1. The system serves the complete wastewater needs of an establishment with a design capacity of 10,000 gallons per day or less of domestic wastewater, or

2. The system serves the complete wastewater needs of a commercial establishment with a design capacity of 5,000 gallons per day or less of commercial wastewater.

(f) For information purposes, the systems included in paragraph (e) of this rule, are permitted by the State of Florida Department of Health in accordance with the requirements of Chapter 64E-6, F.A.C. For these systems the Department shall use subsection 64E-6.008(1), F.A.C., for determining the estimated volume of sewage from an establishment.

(g) This chapter does not apply to permitting of wastewater collection systems and transmission facilities.

(h) This chapter applies to discharges from mobile point sources such as seafood processing rigs, seafood processing vessels, aggregate plants, oil and gas exploratory drilling rigs, or oil and gas developmental drilling rigs. It does not apply to discharges of sewage from vessels regulated by the U.S. Coast Guard under section 312 of the CWA.

(i) For wastewater facilities which have both an existing Federal NPDES permit for which the Department has been granted administrative authority and an existing Department-issued permit for the same discharge to surface waters, the Department shall, after the implementation of this rule, revise those permits by issuing a letter to the permittee combining the two permits into one Department-issued permit. The letter revising the permits shall change the issuing agency name, include DEP Form 62-620.910(10) for reporting monitoring information, contain an expiration date for the combined permit, incorporate all of the permit conditions of both permits, and state that if there are conflicts between permit conditions, the more stringent condition shall supersede the less stringent. The existing permits shall be revised as follows:

1. If the permittee has either, but not both, a Department-issued construction or operating permit, the expiration date of the combined permit shall be based on the earlier of the two expiration dates of the Department or the Federal NPDES permit.

2. If the permittee has a Department-issued temporary operating permit, the letter combining the permit conditions of both permits shall include as an enclosure an Administrative Order setting forth the schedule for compliance with the permit conditions.

3. If the permittee has both a Department-issued construction permit and a Department-issued operating permit, the letter shall combine the Federal NPDES and the Department operating permit conditions and establish the expiration date using the earlier of the dates from the Federal NPDES or the Department operating permit. The existing construction permit shall remain in effect until it expires and shall not be renewed or reissued.

(j) For wastewater facilities which have a Federal NPDES permit only, the Department shall, after implementation of this rule, revise the permit by issuing a letter to the permittee. The letter revising the permit shall change the name of the issuing agency and include DEP Form 62-620.910(10) for reporting monitoring information to the Department.

(k) On the date this rule is implemented, applications for renewal of permits to discharge wastes into surface waters which have been filed prior to the implementation date with either EPA or the Department shall be processed as follows:

1. If the application is for renewal of an existing Federal NPDES permit, the Department shall, within 60 days of the implementation date of this rule, send a letter to the permittee requesting payment of the application processing fee set forth in Rule 62-4.050, F.A.C., unless there is pending an application for renewal of a Department permit for which the fee has been paid. On receipt of the application processing fee the Department shall process the application in accordance with Rule 62-620.510, F.A.C., and shall request additional information necessary to meet the requirements of this chapter. The Department shall not require the applicant to submit a new application form under this chapter.

2. If the application is for renewal of an existing Department permit, the Department shall, within 60 days of the implementation date of this rule, send a letter to the permittee advising him to amend his application for renewal to meet the requirements of this chapter. The Department shall not require the applicant to submit a new application form under this chapter. However, the applicant shall provide additional information requested by the Department in accordance with Rule 62-620.510, F.A.C., to meet the requirements of this chapter.

3. The existing Federal NPDES permit and Department-issued permit, for which application for renewal was timely, shall remain in effect, as revised under paragraph (i), of this rule, until processing has been completed on the renewal in accordance with Rule 62-620.335, F.A.C., and this subsection.

(l) If a pending application is for the initial issuance or substantial revision of a Federal NPDES permit, the Department shall follow the procedures set forth in subparagraph (k)1., above, and the application shall be processed under this chapter. If a pending application is for the initial issuance or substantial revision of a Department permit, the Department shall follow the procedures set forth in subparagraph (k)2., above, and the application shall be processed under this chapter. In either case, the Department shall not require the applicant to submit a new application form under this chapter.

(m) A permit authorizing a discharge solely to ground water shall remain in effect until the expiration date in the permit. If a permit application is being processed on the date this rule is implemented, the Department shall follow the procedures set forth in subparagraph (k)2., above, and the application shall be processed under the requirements of this chapter. The Department shall not require the applicant to submit a new application form under this chapter.

(n) If an application for renewal of a permit is filed in accordance with Rule 62-4.090, F.A.C., within 180 days of implementation of this rule chapter, it shall be deemed to be a timely application for the purposes of the existing permit remaining in effect until processing has been completed on the application under Rule 62-620.335, F.A.C.

(o) Conditional exclusion for “no exposure” of industrial activities and materials to stormwater. Discharges composed entirely of stormwater are not stormwater discharges associated with industrial activity if there is “no exposure” of industrial materials and activities to precipitation and/or runoff, and the discharger satisfies the conditions in subparagraphs (o)1. through (o)3., of this rule. “No exposure” means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to precipitation and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product.

1. Qualification. To qualify for this exclusion, the operator of the discharge must:

a. Provide a storm resistant shelter to protect industrial materials and activities from exposure to precipitation and runoff,

b. Submit to the Department a completed and signed Form 62-620.910(17), entitled “No Exposure Certification for Exclusion from NPDES Stormwater Permitting,” effective 2-17-09, incorporated by reference and made part of this chapter, certifying that there are no discharges of stormwater contaminated by exposure to industrial materials and activities from the entire facility, except as provided in subparagraph (o)2., of this rule. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website. The completed and signed Form 62-620.910(17), and certification fee as required by subparagraph 62-4.050(4)(d)3., F.A.C., must be submitted either by mail to: Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; or electronically using the Department’s Interactive Notice of Intent (iNOI) at http://www.dep.state.fl.us/water/stormwater/npdes/,

c. Renew the certification every 5 years on or before the expiration of each 5 year interval by filing a new completed and signed Form 62-620.910(17) effective 2-17-09, and certification fee as required by subparagraph 62-4.050(4)(d)3., F.A.C., either by mail to the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or electronically using the Department’s Interactive Notice of Intent (iNOI) at http://www.dep.state.fl.us/water/stormwater/npdes/,

d. Allow the Department or its agents to inspect the facility to determine compliance with the “no exposure” conditions; and,

e. For facilities that discharge through a Municipal Separate Storm Sewer System (MS4), submit a copy of the certification of “no exposure” to the MS4 operator, as well as allow inspection and public reporting by the MS4 operator.

2. Industrial materials and activities not requiring storm resistant shelter. To qualify for this exclusion, storm resistant shelter is not required for:

a. Drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak (“Sealed” means banded or otherwise secured and without operational taps or valves),

b. Adequately maintained vehicles used in material handling; and,

c. Final products, other than products that would be mobilized in stormwater discharge (e.g., rock salt).

3. Limitations. This conditional exclusion from stormwater permitting under this chapter and/or Chapter 62-621, F.A.C., is not available:

a. For stormwater discharges from construction activities,

b. For individual outfalls. The exclusion is available on a facility-wide basis only,

c. If circumstances change and industrial materials or activities become exposed to precipitation and/or runoff, the conditions for this exclusion no longer apply. In such cases, the discharge becomes subject to enforcement for un-permitted discharge. Any conditionally excluded discharger who anticipates changes in circumstances should apply for and obtain permit authorization prior to the change of circumstances; and,

d. Notwithstanding the provisions of this paragraph, the Department retains the authority to require permit authorization (and deny this exclusion) upon making a determination that the discharge causes or contributes to the violation of an applicable water quality standard, including designated uses.

(3) References. The Department adopts and incorporates by reference the following sections of Title 40 of the Code of Federal Regulations (CFR) revised as of July 1, 2009, or later as specifically indicated, and the Department Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., dated 7-10-06. Copies of these documents may be obtained by writing the Department of Environmental Protection, Bureau of Water Facilities Regulation, 2600 Blair Stone Road, MS 3535, Tallahassee, Florida 32399-2400.

(a) 40 C.F.R. Part 122, Appendix A, which lists the NPDES primary industry categories.

(b) 40 C.F.R. Part 122, Appendix D, which contains NPDES permit application testing requirements.

(c) 40 C.F.R. Part 125, subpart G, which contains the criteria for requesting a modification of secondary treatment requirements under section 301(h) of the Clean Water Act.

(d) 40 C.F.R. Part 125, subpart D, which contains the criteria and standards for determining fundamentally different factors under sections 301(b)(1)(A), 301(b)(2)(A) and (E) of the Clean Water Act.

(e) 40 C.F.R. Part 125, subpart C, which contains the criteria for extending compliance dates for facilities installing innovative technology under section 301(k) of the Clean Water Act.

(f) 40 C.F.R. Part 125, subpart H, which contains the criteria for determining alternative effluent limitations under section 316(a) of the Clean Water Act.

(g) 40 C.F.R. 133.102(a)(4) and (b), which contains the level of effluent quality required for Carbonaceous Biochemical Oxygen Demand (CBOD5) and for Suspended Solids, which for purposes of this rule means Total Suspended Solids (TSS).

(h) 40 C.F.R. Part 125, subpart A, which contains guidelines for using best professional judgment to develop technology-based effluent limitations on a case-by-case basis.

(i) 40 C.F.R. 122.26, which contains criteria and guidance for permitting of stormwater discharges.

(j) 40 C.F.R. 136, Guidelines for Establishing Test Procedures for the Analysis of Pollutants, revised as of June 17, 2024, (http://www.flrules.org/Gateway/reference.asp?No=Ref-18466).

(k) 40 C.F.R. 401.15, which contains the list of toxic pollutants promulgated under the section 307(a)(1) of the CWA.

(l) 40 C.F.R. 122.21(g)(7), solely for the purpose of and only those portions that allow establishment of site-specific sampling procedures for stormwater discharges.

(m) 40 C.F.R. 122.44(k), which contains guidelines for requiring best management practices (BMPs) for facilities and activities regulated under Section 403.0885, F.S.

(n) 40 C.F.R. 122.28(b)(3), which contains certain criteria for requiring individual permits.

(o) 40 C.F.R. 124.66, which contains special procedures for decisions on thermal variance under section 316(a) of the CWA.

(p) The Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., 7-10-06.

(q) For the special case of open ocean dischargers, 40 C.F.R. 133.103(d), which contains the authorization to substitute a lower percent removal requirement or mass loading limit for BOD and TSS limitations for otherwise applicable requirements.

(r) 40 C.F.R. 122.21(a)(1), solely for the purpose of establishing a duty for concentrated animal feeding operations to apply for a permit.

(s) 40 C.F.R. 122.21(i)(1), containing permit application requirements for concentrated animal feeding operations.

(t) 40 C.F.R. 122.23(a) through (g), containing the scope, permit requirements, determinations, dates for permit applications and definitions for concentrated animal feeding operations.

(u) 40 C.F.R. 122.63(h), making it a minor permit modification to incorporate changes to a nutrient management plan.

(v) 40 C.F.R. 412, containing effluent guidelines and standards for concentrated animal feeding operations (CAFO) point source category.

(w) 40 C.F.R. 122.42(e) containing additional conditions that apply to concentrated animal feeding operation NPDES permits.

(x) 40 C.F.R. 125.122 which contains the determination of unreasonable degradation of marine environment.

(y) 40 C.F.R. part 125 subpart I, revised as of July 1, 2013, amended August 15, 2014, at 79 FR 158, pages 48429 through 48430, http://www.flrules.org/Gateway/reference.asp?No=Ref-05086, and http://www.flrules.org/Gateway/reference.asp?No=Ref-05087, containing requirements applicable to cooling water intake structures for new facilities under section 316(b) of the Clean Water Act. This rule shall be effective on June 24, 2015.

(z) 40 C.F.R. 125 subpart J, amended August 15, 2014, at 79 FR 158, pages 48430 through 48439, http://www.flrules.org/Gateway/reference.asp?No=Ref-05087, containing requirements applicable to cooling water intake structures for existing facilities under section 316(b) of the Clean Water Act. This rule shall be effective on June 24, 2015.

(aa) 40 C.F.R. 122.21(r), revised as of July 1, 2013 and amended August 15, 2014, at 79 FR 158, pages 48424 through 48429, http://www.flrules.org/Gateway/reference.asp?No=Ref-05085, and http://www.flrules.org/Gateway/reference.asp?No=Ref-05087, containing application requirements for facilities with cooling water intake structures. This rule shall be effective on June 24, 2015.

(bb) 40 C.F.R. 127, subpart A (except paragraph 127.1(a)(6)), subpart B (except paragraph 127.11(a)(2)), and 40 CFR 127.24, adopted October 22, 2015, at 80 FR 64063, pages 64102 through 64106, http://www.flrules.org/Gateway/reference.asp?No=Ref-07244, containing requirements for electronic reporting of NPDES information from NPDES-regulated entities.

(cc) Appendix A to 40 C.F.R. 127, adopted October 22, 2015, at 80 FR 64063, pages 64108 through 64156, http://www.flrules.org/Gateway/reference.asp?No=Ref-07244, containing the information NPDES-regulated entities must electronically report and the minimum set of NPDES data that must be entered in or transferred to EPA’s national NPDES data system.

(dd) 40 C.F.R. 403.12, paragraphs (e)(1), (h), and (i), amended October 22, 2015, at 80 FR 64063, page 64157, http://www.flrules.org/Gateway/reference.asp?No=Ref-07244, containing pretreatment program electronic reporting requirements for publically owned treatment works (POTWs) and industrial users.

(4) When used in any of the sections adopted from Title 40 of the Code of Federal Regulations (CFR) the following shall apply:

(a) EPA shall mean the Department; and,

(b) Regional Administrator, Director or State Director shall mean the Secretary of the Department or the Secretary’s designee where appropriate.

History

• Rulemaking Authority 403.061, 403.087, 403.0885, 403.8055 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 3-2-00, 10-22-00, 10-23-00, 6-1-01, 8-25-03, 12-8-03, 12-23-04, 2-7-06, 3-13-06, 6-19-06, 7-10-06, 10-16-07, 11-28-07, 2-17-09, 3-15-10. 2-14-13, 6-24-15, 8-16-16, 4-6-18, 10-8-21, 9-8-25.

Fla. Admin. Code R. 62-620.105 Applicability

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851, 403.8055 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.106 References and Variances

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851, 403.8055 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.200 Definitions

The following words and phrases when used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings:

(1) “Activity” means any action which results in a discharge of wastes into waters of the State or that is reasonably expected to be a source of water pollution.

(2) “Annual average discharge limitation” means the maximum annual average pollutant value allowed by the permit and calculated as the arithmetic mean of the 12 monthly average reclaimed water or effluent samples collected during any consecutive 12-month period.

(3) “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, residuals, industrial sludge or waste disposal, or drainage from raw material storage.

(4) “Bypass” means the intentional diversion of waste streams from any portion of a treatment works.

(5) “CFR” means the Code of Federal Regulations.

(6) “Commercial wastewater” means non-toxic, non-hazardous wastewater from commercial facilities which is usually similar in composition to domestic wastewater, but which may occasionally have one or more of its constituents exceed typical domestic ranges. Included in this definition are wastewaters from commercial and institutional food service operations, commercial laundry facilities with no more than four washing machines, animal holding facilities (such as kennels, veterinary hospitals, and animal grooming facilities), and beauty salons, provided that toxic, hazardous, or industrial wastes are not introduced into the system.

(7) “Continuous discharge” means a discharge which occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.

(8) “Co-permittee” means a permittee to a wastewater permit that is only responsible for permit conditions relating to the discharge for which it is the operator.

(9) “CWA” means the Clean Water Act, as amended, 33 U.S.C. 1251 et seq., in existence on January 1, 1993.

(10) “Daily discharge” means the discharge measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the “daily discharge” is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the “daily discharge” is calculated as the average measurement of the pollutant over the day.

(11) “Demineralization Concentrate” means the concentrated byproduct water, brine, or reject water produced by ion exchange or membrane separation technologies such as reverse osmosis, membrane softening, ultra-filtration, membrane filtration, electrodialysis reversal used for desalination, softening, or reducing total dissolved solids during water treatment for public water supply purposes. This definition does not include reject discharged from membrane separation technologies used to produce water for industrial purposes which may also produce drinking water as an ancillary activity.

(12) “Department” means the State of Florida Department of Environmental Protection.

(13) “Discharge of a pollutant” means any addition of any pollutant or combination of pollutants, as defined in 40 C.F.R. 122.2, to waters from any point source other than a vessel or other floating craft which is being used as a means of transportation. This definition includes additions of pollutants into waters from surface runoff which is collected or channeled by man, and discharges through pipes, sewers, or other conveyances which do not lead to a treatment works. This term does not include an addition of pollutants by any indirect discharger.

(14) “Discharge of wastes” means the introduction or addition to waters of sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances that may pollute or tend to pollute any waters of the State. The term includes the discharge of a pollutant and the discharge of stormwater regulated under Section 403.0885, F.S.

(15) “Discharge point” means the outlet, structure, or designated location through which effluent is discharged to ground water.

(16) “Domestic wastewater” means wastewater derived principally from dwellings, business buildings, institutions, and the like, commonly referred to as sanitary wastewater or sewage. When industrial wastewater is combined with domestic wastewater for treatment, determination of whether the treatment plant is designated as domestic shall be in accordance with the definition of domestic wastewater provided in Rule 62-600.200, F.A.C.

(17) “Draft permit” means a document prepared under Rule 62-620.510, F.A.C., indicating the tentative decision of the Department to issue or deny, revise, revoke and reissue, terminate, or reissue a permit. Notices of intent to terminate a permit and to deny a permit are types of “draft permits.” A denial of a request for revision, revocation and reissuance, or termination is not a “draft permit.” A “proposed permit” is not a “draft permit.”

(18) “Effluent limitation” means any restriction established by the Department on quantities, rates, or concentrations of chemical, physical, biological, or other constituents which are discharged from sources into waters of the State.

(19) “EPA” means the U.S. Environmental Protection Agency.

(20) “General permit” means a permit issued by rule of the Department under Section 403.814, F.S., which authorizes a person to undertake certain activities, which when performed in accordance with the specific requirements and practices set forth in the general permit have a minimal adverse environmental effect.

(21) “Industrial sludge” means the accumulated solids, residues, and precipitates generated as a result of industrial wastewater treatment.

(22) “Industrial wastewater” means process and non-process wastewater from manufacturing, commercial, mining, and silvicultural facilities or activities, including the runoff and leachate from areas that receive pollutants associated with industrial or commercial storage, handling or processing, and all other wastewater not otherwise defined as domestic wastewater.

(23) “Major facility” means any NPDES facility or activity classified as such by EPA with the concurrence of the Department.

(24) “Minor modification” means a modification to the facility or activity which is not expected to lead to a substantially different environmental impact or which will not involve a substantially different type of wastewater, residuals, or industrial sludge treatment, or reuse or disposal system. A minor modification does not substantially change the characteristics of the effluent, reclaimed water, residuals or industrial sludge nor does it change the permitted capacity of the treatment or reuse or disposal system. For domestic wastewater facilities, it includes construction to replace a unit operation or process structure, and construction to a unit operation or mechanical equipment which is not associated with routine facility maintenance.

(25) “Minor revision” means a change to the permit conditions, including any decrease or increase in staffing requirements or monitoring frequencies, correction of minor errors or typographical mistakes, transfer of a permit to a new owner, extension of compliance dates or construction schedules, deletion of outfalls or discharge points, incorporation of an approved pretreatment program by reference, or authorization of a minor modification to a facility or activity.

(26) “Modification” means the alteration, expansion, upgrade, extension, replacement of, or addition to an existing wastewater facility or activity. “Modification” does not include, and no permit revision is required for:

(a) Structural changes to an existing wastewater facility or activity, site or plant, that do not change the quality, nature, or quantity of the discharge of wastes or that do not cause water pollution, or

(b) Construction, replacement, or repair of components of an industrial site or plant which does not change the permitted treatment works or the terms and conditions of the wastewater permit.

(27) “Monthly average discharge limitation” means the maximum monthly average pollutant value allowed by the permit and calculated as the arithmetic mean of each reclaimed water or effluent sample collected on a separate day during a period of 30 consecutive days.

(28) “New discharger” means any building, structure, facility, or installation:

(a) From which there is or may be a discharge of wastes to surface waters;

(b) That did not commence the discharge at a particular site prior to August 13, 1979;

(c) Which is not a “new source” as defined in subsection (29) in this rule; and,

(d) Which has never received a finally effective NPDES permit for discharges to surface waters at that site.

(e) This definition includes: an industrial discharger to a POTW which commences discharging into waters after August 13, 1979; an existing mobile point source such as a seafood processing rig, seafood processing vessel, or aggregate plant, that begins discharging at a site for which it does not have a permit; and any offshore or coastal mobile oil and gas exploratory drilling rig or coastal mobile oil and gas developmental drilling rig that commences discharging after August 13, 1979, at a site under Department jurisdiction for which it is not covered by an individual or a general permit.

(29) “New source” means any building, structure, facility, or installation from which there is or may be a discharge of wastes to surface water, the construction of which commenced:

(a) After promulgation of standards of performance under section 306 of the Clean Water Act which are applicable to such source, or

(b) After proposal of standards of performance under section 306 of the Clean Water Act which are applicable to such source, but only if the standards are promulgated within 120 days of their proposal.

(30) “Non-NPDES Generic Permit” means a type of general permit issued by rule of the Department under the authority of Section 403.087, F.S., which may be issued by the Department to regulate a category of wastewater facilities or activities if they all: involve the same or substantially similar types of operations; discharge the same types of wastes or engage in the same types of residuals or industrial sludge use or disposal; require the same or similar monitoring; and are more appropriately controlled under a generic permit than an individual permit.

(31) “Non-process wastewater” means water that does not come into direct contact with or does not result from the production or use of any raw material, intermediate product, finished product, by-product, waste product or wastewater. It includes sanitary wastes, restaurant or cafeteria wastes, and non-contact cooling water used only to reduce temperature.

(32) “NPDES” means National Pollutant Discharge Elimination System.

(33) “NPDES Generic Permit” means a type of general permit issued by rule of the Department in accordance with subsection 62-620.710(3), F.A.C., under the authority of section 403.0885, F.S., (general permit under 40 C.F.R. 122.28) which may be issued by the Department to regulate a category of wastewater facilities or activities if they all: involve the same or substantially similar types of operations; discharge the same types of wastes or engage in the same types of residuals or industrial sludge use or disposal; require the same or similar monitoring; and are more appropriately controlled under a generic permit than an individual permit.

(34) “Outfall” means the outlet, structure, or designated location through which effluent is discharged to surface water.

(35) “Permittee” means the owner, operator or other entity to which a permit for a wastewater facility or activity is issued by the Department. The term “permittee” shall be functionally synonymous with the terms “owner,” “contractor,” and “licensee,” but shall not include licensed individuals, such as State certified operators, unless they are the persons to whom a facility permit is issued by the Department. The term shall extend to a permit “applicant” for purposes of this chapter.

(36) “Pollution” is as defined in Section 403.031, F.S.

(37) “Point source” means any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.

(38) “Process wastewater” means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

(39) “Proposed permit” means a permit prepared after the close of the public comment period and, when applicable, after any public meeting, which is sent to EPA for review before final issuance by the Department. A “proposed permit” is not a “draft permit.”

(40) “Publicly owned treatment works” (“POTW”) means any device or system used in the treatment, including recycling and reclamation, of domestic sewage or industrial wastes of a liquid nature which is owned by the State, a county, or a municipality. This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

(41) “Recommencing discharger” means a source which recommences discharge after terminating operations.

(42) “Residuals” means the solid, semisolid, or liquid residue generated during the treatment of domestic wastewater. Not included are solids removed from pump stations and lift stations, septage, and screenings and grit removed from the headworks of domestic wastewater treatment facilities and other solids as defined in Chapter 62-640, F.A.C. Also, not included is ash generated during the incineration of residuals.

(43) “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(44) “Sewage from vessels” means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels and regulated under section 312 of CWA.

(45) “Sewage sludge” means residuals.

(46) “Silvicultural facilities or activities” means any discernible, confined and discrete conveyances related to rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silviculture and from which pollutants are discharged into waters. The terms do not include non-point source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. As used in this definition, rock crushing and gravel washing facilities mean facilities which process crushed and broken stone, gravel and riprap. Log sorting or log storage facilities, as used in this definition, mean facilities whose discharges result from the holding of unprocessed wood, logs or roundwood with or without bark, held in self-contained mill or log ponds or stored on land where water is applied intentionally on the logs.

(47) “Small Water Utility Business” means any facility that distributes potable water to two or more customers and discharges demineralization concentrate at a flow rate less than 50,000 gallons per day.

(48) “Stormwater Discharge Associated with Industrial Activity” is as defined in 40 C.F.R. 122.26(b)(14).

(49) “Substantial modification” means a modification to the facility or activity which is reasonably expected to lead to a substantially different environmental impact or which involves a substantially different type of wastewater, residuals or industrial sludge treatment, reuse or disposal system. A substantial modification includes changes in the characteristics of the effluent, reclaimed water, residuals, or industrial sludge; changes to the location of the discharge; or changes to the permitted capacity of the treatment, or reuse or disposal system. A substantial modification requires filing an application for a substantial revision to a permit.

(50) “Substantial revision” means a change in the permit conditions in response to a substantial modification to the facility or activity, to changes in the effluent limitations, to the granting of a variance pursuant to Part VI of this chapter, or to a demonstration of good cause in accordance with subsection 62-620.325(1), F.A.C.

(51) “Toxic pollutant” means any pollutant listed as toxic in 40 C.F.R. 401.15.

(52) “Treatment works” means any treatment plant or other works used for the purpose of treating, stabilizing, or holding wastes.

(53) “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based effluent limitations because of factors beyond the reasonable control of the permittee.

(a) An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, careless or improper operation.

(b) An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of upset provisions of Rule 62-620.610, F.A.C., are met.

(54) “U.S.” means United States.

(55) “Wastewater facility” or “facility” means any facility which discharges wastes into waters of the State or which can reasonably be expected to be a source of water pollution and includes any or all of the following: the collection and transmission system, the wastewater treatment works, the reuse or disposal system, and the residuals management facility.

(56) “Waters” means those waters defined in Section 403.031, F.S.

(57) “Weekly average discharge limitation” means the maximum weekly average pollutant value allowed by the permit and calculated as the arithmetic mean of each reclaimed water or effluent sample collected on a separate day during a period of seven consecutive days.

(58) “Whole Effluent Toxicity (WET)” means the aggregate toxic effect of an effluent measured directly by a toxicity test.

History

• Rulemaking Authority 403.061, 403.087, 403.8055 FS. Law Implemented 403.031, 403.051, 403.061, 403.087, 403.088, 403.0882, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04, 7-10-06.

Fla. Admin. Code R. 62-620.300 General Prohibitions

(1) No person shall discharge wastes to waters without a permit from the Department, unless exempted by Department rule or statute.

(2) No wastewater facility or activity which discharges wastes into waters or which will reasonably be expected to be a source of water pollution shall be operated, constructed, or modified without an appropriate and valid permit issued by the Department, unless exempted by Department rule. However, the exemption provided in paragraph 62-4.040(1)(b), F.A.C., shall not apply to discharges of wastes into surface waters regulated under this chapter pursuant to Section 403.0885, F.S.

(3) No discharge of wastes shall commence before a permit is obtained. Except as otherwise provided in paragraphs (a) and (b), the Department permit shall be obtained before commencement of construction or modification of the wastewater facility or activity.

(a) For a wastewater facility or activity permitted to discharge wastes into surface waters under this chapter pursuant to Section 403.0885, F.S., only the portion of the proposed construction or modification of the wastewater facility or activity that relates solely to a discharge of wastes into surface water may be constructed or modified before a permit is issued.

1. Any portion of the wastewater facility or activity which relates to the discharge of wastes into ground water, or which relates to reuse or disposal of reclaimed water shall not be constructed or modified without a wastewater permit.

2. A wastewater permit revision shall be obtained before modifications begin on any part of the facility or activity which will be in operation during the modification.

3. For modifications which relate solely to the discharge of wastes into surface water and which will only affect the treatment works or the quantity, nature or quality of the discharge when placed in operation, a permit revision shall be obtained before placing the modifications in operation.

(b) Power plants described under 40 C.F.R. 423, insofar as they are not certified under the Florida Electrical Power Plant Siting Act, may initiate construction of modifications that relate to the discharge of wastes to both ground and surface water without a permit revision if the modifications do not affect the treatment works or the quantity, nature, or quality of the discharge until the modifications are placed in operation. A wastewater permit revision shall be obtained before placing these modifications into operation. This subsection shall not be construed to affect the regulatory status of, or create new requirements for, other industrial or domestic facilities or activities.

(4) No person shall discharge into waters any waste which, by itself or in combination with the wastes of other sources, reduces the quality of the receiving waters below the classification established for them.

(5) A permitted wastewater facility or activity shall not be operated, maintained, constructed, expanded, or modified in a manner that is inconsistent with the terms of the permit.

History

• Rulemaking Authority 403.061, 403.087, 403.8055 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 10-23-00.

Fla. Admin. Code R. 62-620.301 General Provisions

(1) Any person intending to discharge wastes into waters shall apply to the Department for the appropriate permit required by this chapter.

(2) For purposes of enforcement, compliance with a permit issued under this chapter constitutes compliance with the applicable provisions of Chapter 403, F.S. However, the Department shall not be precluded from instituting enforcement actions as indicated in subsection 62-650.300(4), F.A.C. For purposes of enforcement, compliance with a permit issued under this chapter pursuant to the authority of Section 403.0885, F.S., constitutes compliance with sections 301, 302, 306, 307, 318, 402 and 403 of the Clean Water Act, except for:

(a) Any effluent standards and prohibitions for toxic pollutants imposed under 40 C.F.R. Part 129; and,

(b) Standards for residuals use or disposal under 40 C.F.R. Part 503.

(3) A permit may be revised, revoked and reissued, or terminated in accordance with Rules 62-620.325, 62-620.340, or 62-620.345, F.A.C. A permit may be renewed in accordance with Rule 62-620.335, F.A.C.

(4) To the extent that this chapter imposes duties for the construction, operation, maintenance, or monitoring of a facility, for reporting facility operations, or for securing permits from the Department, responsibility lies with the permittee and the owner of the facility. Nevertheless, Section 403.141, F.S., creates joint and several liability for those responsible for violations.

(5) Consultation. The applicant, or his agent, is encouraged to consult with Department personnel before submitting an application, or at any other time concerning the operation, construction, or modification of any facility or concerning the required pollution control devices or system, the efficiency of such devices or system, or any pollution problems related to the facility. However, any representation by the Department shall not relieve any person from any requirement of State or Federal law.

(6) Financial Responsibility. The Department may require an applicant to submit proof of financial responsibility to guarantee compliance with Chapter 403, F.S., and Department rules. Proof of financial responsibility, such as posting an appropriate bond, shall be required only if the applicant’s compliance record or financial inability to comply with permit conditions results in a lack of reasonable assurance that all applicable Department standards will be met.

History

• Rulemaking Authority 403.061, 403.087, 403.8055 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 10-23-00.

Fla. Admin. Code R. 62-620.302 Confidentiality of Information

(1) In accordance with Chapter 119, F.S., all information and documents submitted to the Department with an application are considered to be public information and as such are available for reading and copying. However, applicants for permits under Section 403.088, F.S., may make a claim of confidentiality pursuant to Section 403.111, F.S., and applicants for permits under Section 403.0885, F.S., may make a claim of confidentiality under 40 C.F.R. 122.7. In both instances, an applicant may claim as confidential any information which relates to secret processes or secret methods of manufacture or production, or which relate to costs of production, profits or other financial information which is otherwise not public record. The applicant may consult with the Department before submitting information which may be confidential.

(2) No claim of confidentiality may be made for the name and address of any permit applicant or permittee, permit applications, permits or effluent data.

(3) No claim of confidentiality may be made for information submitted on the application forms themselves or any attachments used to supply information required by the forms.

(4) If a claim of confidentiality is made in accordance with 40 C.F.R. 2, it must be made at the time of submission and by stamping “confidential business information” on each page containing such information.

(5) The Department shall, subject to notice and opportunity for hearing under Section 120.57, F.S., determine whether the information, as requested, complies with subsections (1) and (4) of this rule, and should be kept confidential.

History

• Rulemaking Authority 403.061, 403.111, 403.8055 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.111 FS. History–New 11-29-94.

Fla. Admin. Code R. 62-620.305 Signatories to Permit Applications and Reports

(1) All permit applications under this chapter shall be signed as follows:

(a) For a corporation, a responsible corporate officer shall sign all applications for permit. A responsible corporate officer is considered to be:

1. A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or

2. The manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 million (in second-quarter $1,980.00 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b) For a partnership or sole proprietorship, a general partner or the proprietor, respectively, shall sign all applications for permit.

(c) For public agencies, a principal executive officer or ranking elected official shall sign all permit applications. A principal executive officer includes the chief executive officer of the agency or a senior executive officer having the responsibility for the overall operations of a principal geographic unit of the agency, for example, a regional or district administrator, a director of public works, or city or county manager.

(2) All reports required by permits and other information requested by the Department under this chapter shall be signed by a person described in subsection (1) of this rule, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(a) The authorization is made in writing by a person described in subsection (1) of this rule;

(b) The authorization specifies either an individual or a position having overall responsibility for the operation of the regulated facility or activity, such as the position of plant manager, superintendent, certified chief operator, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company; and,

(c) The written authorization is submitted to the Department.

(3) If an authorization under subsection (2) of this rule, is no longer valid because a different individual or position has overall responsibility for the operation of the facility or activity, a new authorization satisfying the requirements of subsection (2) of this rule, must be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.

(4) Any person signing a document under subsection (1) or (2) of this rule, shall make the following certification:

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.088, 403.0885, 403.08851, 403.8055 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94.

Fla. Admin. Code R. 62-620.310 Procedure to Obtain Permits

(1) Any person intending to construct, operate, or modify a wastewater facility or activity which will discharge wastes into waters or which will reasonably be expected to be a source of water pollution shall make application to the Department for a permit or shall notify the Department of the intent to use a general or generic permit under this chapter. A permit shall be issued only if all Department requirements for wastewater facilities or activities are met.

(2) Any person desiring to obtain a permit under this chapter shall apply on the appropriate forms listed in Rule 62-620.910, F.A.C., and shall submit such additional information requested under Rule 62-620.510, F.A.C., necessary to comply with the requirements of this chapter. Any person desiring to use a general or generic permit shall follow the procedures under part V of this chapter. Available generic permits for wastewater facilities or activities are identified in Rules 62-621.300 and 62-621.500, F.A.C.

(3) A minimum of four copies of all applications and supporting documents which request a permit for discharges of wastes into waters regulated under Section 403.0885, F.S., and this chapter shall be filed with the Department at the appropriate district office listed in the DEP Form 62-620.910(1), except applications for discharges from steam electric generating plants which shall be filed with the Department at its Tallahassee office. If the application is requesting a permit for a ground water discharge only, three copies of all applications and supporting documents shall be filed with the Department at the designated locations.

(4) To ensure protection of public health, safety, and welfare, any construction, modification, or operation of a wastewater facility or activity shall be in accordance with sound professional engineering practices; and any supporting documents involving the practice of the profession of geology shall be in accordance with sound professional geological practices. All applications for a permit shall be certified by a professional engineer registered in the State of Florida except where professional engineering is not required by Chapter 471, F.S. Where required by Chapter 471 or 492, F.S., applicable portions of permit applications and supporting documents which are submitted to the Department for public record shall be signed and sealed by a professional engineer or professional geologist, as appropriate.

(5) Application processing fees shall be submitted with the application in the amount established in Rule 62-4.050, F.A.C. To be considered by the Department, each application must be accompanied by the proper processing fee. The fee shall be paid by check, payable to the Department of Environmental Protection. The application processing fee is non-refundable.

(6) Annual regulatory program and surveillance fees shall be submitted in accordance with Rule 62-4.052, F.A.C.

(7) When an application is received without the required fee, the Department shall acknowledge receipt of the application and shall immediately notify the applicant by certified mail that the correct fee was not received. The Department shall take no further action until the correct fee is received. Upon receipt of the correct fee, the Department shall begin permit processing.

(a) If a fee is received by the Department which is less than the amount required, the Department shall return the fee along with the written notification.

(b) If an applicant does not submit the required fee within ten days of receipt of written notification, the Department shall either return the unprocessed application or arrange to have the applicant pick up the application.

(c) If an applicant submits an application fee in excess of the required fee, the permit processing shall begin and the Department shall refund to the applicant the amount received in excess of the required fee.

(8) Any substantial change to a complete application shall require an additional processing fee determined pursuant to the schedule set forth in Rule 62-4.050, F.A.C.

(9) A wastewater permit shall:

(a) Specify the manner, nature, volume, and frequency of any discharge;

(b) Require proper operation and maintenance of any wastewater facility by qualified personnel as described in subsection 62-620.610(7) and Rule 62-620.630, F.A.C.; and,

(c) Contain such additional conditions, limitations, requirements, and restrictions such as those imposed under Rules 62-620.610, 62-620.620 and 62-620.625, F.A.C., which are necessary to preserve and protect the quality of the receiving waters and to ensure proper operation of the wastewater facilities.

(10) Additional requirements for domestic wastewater facilities include the following:

(a) Residuals treatment components and residuals land application sites required under Chapters 62-600 and 62-640, F.A.C., shall be included in the permit for the wastewater treatment plant.

(b) The wastewater facility permittee shall apply under subsection 62-620.325(2), F.A.C., for a minor permit revision for any modifications or expansions of the approved residuals land application sites in accordance with Chapter 62-640, F.A.C.

(c) When a permit is required for a reuse and land application system portion of a wastewater facility, it shall be included in a single permit for the entire facility, except as provided in Rule 62-610.800, F.A.C.

(d) Expansions of a public access reclaimed water distribution system permitted under Part III of Chapter 62-610, F.A.C., within reuse areas designated in an existing permit do not require a new permit or revision of the existing permit, except as required in paragraphs (e) and (f) of this rule.

(e) For reuse systems permitted in accordance with Part III of Chapter 62-610, F.A.C., a new permit or revision of the existing permit shall be required for:

1. Expansion of the reclaimed water distribution system outside of the area designated in an existing permit, or

2. Addition of a new major user of reclaimed water not identified in the existing permit, if the permittee requests that the permitted capacity of the reuse system be increased.

(f) The wastewater facility permittee may use the general permit set forth in Chapter 62-610, F.A.C., for the addition of a new major user of reclaimed water to a reuse area designated in an existing permit.

History

• Rulemaking Authority 403.061, 403.087, 403.0877 FS. Law Implemented 403.051, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04, 2-7-06.

Fla. Admin. Code R. 62-620.320 Standards for Issuing or Denying Permits

(1) A permit shall be issued only if the applicant affirmatively provides the Department with reasonable assurance, based on a preliminary design report, plans, test results, installation of pollution control equipment, or other information, that the construction, modification, or operation of the wastewater facility or activity will not discharge or cause pollution in contravention of Chapter 403, F.S., and applicable Department rules.

(2) If, after review of the application and any pertinent information, the Department determines that the applicant has not provided reasonable assurance that the construction, modification, or operation of the wastewater facility or activity will be in accordance with applicable statutes or rules, including rules of approved local programs under Section 403.182, F.S., the Department shall deny the permit, shall notify the applicant, and specify the reasons for the denial.

(3) A permit issued under this chapter shall be renewed upon timely application to the Department in accordance with Rule 62-620.335, F.A.C., if the discharge is in compliance with permit conditions and applicable statutes and rules.

(4) The Department shall issue, reissue, or renew a permit which would otherwise be denied if the criteria set forth in Sections 403.088(2)(e) and (f), F.S., are met.

(5) A permit for which the permit application fee was prorated in accordance with paragraph 62-4.050(4)(s), F.A.C., shall not be extended through a revision procedure.

(6) Any permit that the Department issues shall contain specific conditions necessary to provide reasonable assurance that Department rules will be met.

(7) The Department shall take into consideration a permit applicant’s violation of any Department rules at any wastewater facility or activity when determining whether the applicant has provided reasonable assurance that Department standards will be met.

(8) No Department permit shall be issued under this chapter for a term of more than five years except as provided in Section 403.087, F.S.

(9) The issuance of a permit does not relieve any person from complying with the requirements of the Clean Water Act, Federal Regulations, Chapter 403, F.S., or Department rules.

(10) No permit shall be issued for a discharge of wastes into waters regulated under this chapter pursuant to Section 403.0885, F.S., when:

(a) The conditions of the permit do not provide for compliance with the requirements of Chapter 403, F.S., and Department rules;

(b) The U.S. Environmental Protection Agency has objected to the permit issuance;

(c) In the judgment of the Secretary of the Army, anchorage and navigation in or on any of the waters of the United States would be substantially impaired by the discharge to surface waters;

(d) Any radiological, chemical or biological warfare agent or high-level radioactive waste is any part of the discharge to surface waters;

(e) A new source or a new discharger is proposing an installation from which the discharge to surface waters will cause or contribute to the violation of water quality standards, except as provided in Department rules such as Chapters 62-4, 62-302, 62-620 and 62-660, F.A.C. This paragraph shall not be construed to limit or restrict the applicability of other moderating provisions or variances in Department rules, or

(f) The imposition of permit conditions cannot ensure compliance with the applicable water quality requirements of all affected states or Indian tribes.

History

• Rulemaking Authority 403.061, 403.087, 403.8055 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04.

Fla. Admin. Code R. 62-620.325 Revisions to Permit Conditions

(1) Substantial revisions.

(a) For good cause and after notice and, if requested, an administrative hearing pursuant to Section 120.57, F.S., the Department shall require the permittee to conform to new or additional permit conditions. The Department shall allow the permittee a reasonable time to conform to the new or additional conditions. In determining what is a reasonable time to conform to new or additional permit conditions, the Department shall consider:

1. The extent of construction or other work necessary to come into conformance,

2. Any site-specific conditions affecting the time to come into conformance; and,

3. Any other matters affecting time to come into conformance based on professionally accepted engineering or scientific practices.

(b) For the purpose of this section, good cause shall include any of the following:

1. A showing of any change in the environment or surrounding conditions that requires a revision to conform to applicable water quality standards.

2. A showing that a changed classification of the receiving water requires a modification of the discharge.

3. Adoption or revision of statutes, rules, or standards, including toxicity standards or prohibitions, which require the revision of a permit condition for compliance.

4. A showing that there are material and substantial alterations or additions to the permitted facility or activity, including a change in the permittee’s residuals use or disposal practice, which occurred after permit issuance which justify the application of permit conditions that are different in or absent from the existing permit.

5. A showing that new information, other than revised rules or test methods, received by the Department was not available at the time of permit issuance and would have justified the application of different permit conditions at the time of issuance. This cause shall include any significant information derived from effluent testing required after issuance of the permit.

6. A showing that revision of a compliance schedule is necessary because of delays caused by an Act of God, strike, or materials shortage or other event over which the permittee has little or no control and for which there is no reasonably available remedy. However, in no case may a compliance schedule be revised to extend beyond a Federal or State statutory deadline, if applicable. In determining whether there is a reasonable available remedy, the Department shall consider:

a. The extent of time and work involved in available remedies,

b. Site-specific conditions affecting available remedies; and,

c. Any other limitations affecting available remedies based on professionally accepted engineering or scientific practices.

7. A showing that there is a technical mistake in a permit condition which needs to be corrected.

8. A showing that revision of a permit is required under paragraph 62-620.620(1)(f), F.A.C.

(c) A permittee may request a revision of a permit by applying to the Department for a variance in accordance with Rule 62-620.800, F.A.C.

(d) A permittee may request a revision of a permit for any reason, including for good cause set forth in subsection (2) of this rule.

(e) Application for revision to a permit shall be in accordance with the requirements found in the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C. The request shall include the appropriate processing fee as set forth in Rule 62-4.050, F.A.C.

(f) When a permit is revised, only the conditions subject to revision are reopened. All other requirements and conditions of the existing permit shall remain in effect until the permit expires.

(2) Minor Revisions.

(a) Permits may be revised with the written consent or at the request of the permittee. The corrections or changes listed in this section shall be contained in a letter to the permittee which shall be attached to an existing permit. A permittee shall not be required to file an application or pay a processing fee for revisions required by the Department for corrections of typographical or calculation errors, or for incorporation of conditions of a pretreatment program that has been approved under Chapter 62-625, F.A.C.

(b) Requests by the permittee for changes in ownership or operational control of a facility shall be made on DEP Form 62-620.910(1) and DEP Form 62-620.910(11) provided that no other change in the permit is necessary. The request shall be accompanied by the processing fee set forth in Rule 62-4.050, F.A.C., and shall include a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees. If other changes are necessary, requests shall be made in accordance with subsections of this section.

(c) Requests by the permittee for minor revisions to permit conditions, other than changes in ownership, shall be made on DEP Form 62-620.910(1) and DEP Form 62-620.910(9).

1. The following revisions do not require the permittee to pay a processing fee:

a. Corrections of typographical errors,

b. Changes in an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement,

c. Changes in the construction schedule for a new source, provided that no such change shall affect the permittee’s obligation to have all pollution control equipment installed and in operation prior to a discharge from the facility,

d. Deletion of a discharge point or outfall when the discharge from that discharge point or outfall is terminated and the deletion does not result in a discharge of wastes from other discharge points or outfalls except in accordance with permit limits; and,

e. A change in the expiration date of a permit which was issued for less than five years, for which the application fee was not prorated, and for which the requested change does not exceed five years from the date of issuance of the permit.

2. The following revisions require the permittee to pay a processing fee as set forth in Rule 62-4.050, F.A.C.:

a. Changes in staffing requirements under Chapter 62-699, F.A.C.,

b. Changes to increase or decrease the permit requirements for monitoring or reporting,

c. Modifications or expansions of approved residuals land application sites; and,

d. Minor modifications to the facility.

e. A change in the expiration date of a permit which was issued for less than five years, for which the application fee was prorated, and for which the requested change does not exceed five years from the date of issuance of the permit.

(d) The Department shall prepare a draft permit and public notice under subsection 62-620.550(2), F.A.C., for any change to decrease the permit requirement for monitoring or reporting, or for a change in the expiration date of a permit which was issued for less than five years, for which the application fee was prorated, and for which the requested change does not exceed five years from the date of issuance of the permit.

(e) No permit revision is required for routine facility maintenance or any modification associated with ancillary or electrical equipment and structures.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00.

Fla. Admin. Code R. 62-620.330 Minor Revisions to Permit Conditions

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.335 Renewals

(1) A permittee shall submit an application to renew an existing permit at least 180 days before the expiration date of the existing permit or as otherwise specified in the generic permit issued under Chapter 62-621, F.A.C.

(2) The permittee shall apply on the appropriate form listed in Rule 62-620.910, F.A.C., and in the manner established in the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620 or 62-621, F.A.C., including submittal of the appropriate processing fee set forth in Rule 62-4.050, F.A.C.

(3) An application filed in accordance with subsections (1) and (2) of this rule, shall be considered timely and sufficient. When an application for renewal of a permit is timely and sufficient, the existing permit shall not expire until the Department has taken final action on the application for renewal or until the last day for seeking judicial review of the agency order or a later date fixed by order of the reviewing court.

(4) The late submittal of a renewal application shall be considered timely and sufficient for the purpose of extending the effectiveness of the expiring permit only if it is submitted and made complete before the expiration date.

(5) The following are causes for denying a permit renewal:

(a) Violation by the permittee of any condition of the permit;

(b) The permittee’s failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time;

(c) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit termination;

(d) A change in any condition that requires either a temporary or permanent reduction or elimination of any discharge, any domestic wastewater reuse or disposal system, or any domestic residuals use or disposal practice controlled by the permit;

(e) Failure to submit required information or required fees;

(f) Failure to pay annual fees or penalty assessments for noncompliance, or

(g) After review of the application and the information on monitoring and monthly reports, the Department determines that the applicant has not provided reasonable assurance that the wastewater facility or activity will be operated in accordance with Chapter 403, F.S., and applicable Department rules.

History

• Rulemaking Authority 120.60, 403.061, 403.087 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04.

Fla. Admin. Code R. 62-620.340 Transfer of Permit

(1) Except as provided in subsection (2) of this rule, a permit may be transferred by the existing permittee to a proposed permittee only if the permit has been revised in accordance with subsection 62-620.325(1), F.A.C., to identify the proposed permittee and to incorporate other applicable statutory or rule requirements in effect at the time of revision or if the permit has been revoked and reissued.

(2) As an alternative to transfers under subsection (1) of this rule, and subject to subsection (3), below, a permit shall be automatically transferred to a new permittee if:

(a) The existing permittee notifies the Department on DEP Form 62-620.910(1), and DEP Form 62-620.910(11) at least 30 days in advance of the proposed transfer date;

(b) The notification of a transfer includes a written agreement between the existing permittee and the proposed permittee containing a specific date for the transfer of permit responsibility, coverage, and liability between them; and,

(c) Within 30 days of receipt of the notification of the transfer, the Department does not serve notice to the existing permittee and the proposed permittee that it intends to revise, under subsection (1) of this rule, the permit or to deny the transfer, or that additional information is required to adequately review the transfer request.

(3) The Department shall allow the transfer under subsection (2) of this rule, unless it determines that the proposed permittee cannot provide reasonable assurance that conditions of the permit will be met. The determination shall be limited solely to the ability of the proposed permittee to comply with the conditions of the existing permit, and it shall not consider the adequacy of these permit conditions.

(4) If the Department proposes to deny the transfer, or proposes to revise or revoke and reissue the permit, it shall provide both the existing permittee and the proposed permittee with a written objection to such transfer together with the notice of a right to request an administrative proceeding on such determination.

(5) Within 30 days of receiving properly completed DEP Form 62-620.910(1), and DEP Form 62-620.910(11), the Department shall issue a final determination. If additional information is needed the Department shall toll the time for making a determination on the transfer by notifying both the existing permittee and the proposed permittee that additional information is required to adequately review the transfer request. Such notification shall specify what additional information is necessary and shall be served within 30 days of receipt of completed DEP Form 62-620.910(1), and DEP Form 62-620.910(11).

(6) Until the permit is transferred pursuant to this rule, the existing permittee and any other person constructing, operating, or maintaining the permitted facility shall be liable for compliance with the terms of the permit. The existing permittee shall remain liable for corrective actions that may be required as a result of any violations occurring prior to the sale or legal transfer of the facility.

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96.

Fla. Admin. Code R. 62-620.345 Suspension and Revocation

(1) The following are causes for suspending, revoking, or terminating any permit issued by the Department under this chapter. The Department finds:

(a) That the permit holder or his agent submitted false or inaccurate information in his application for a permit under this chapter or operational reports required by a permit under this chapter;

(b) That the permit holder or his agent has violated the applicable provisions of Chapter 403, F.S., or Department rules regulating wastewater facilities or activities, or has violated Department orders or permit conditions related to the wastewater facility or activity;

(c) That the permit holder or his agent has failed to submit operational reports or other information required by Department rules for the wastewater facility or activity;

(d) That the permit holder or his agent has refused lawful inspection of the wastewater facility or activity under Section 403.091, F.S., and subsection 62-620.610(9), F.A.C.;

(e) That the permitted wastewater facility or activity endangers human health or the environment and can only be regulated to acceptable levels by permit termination, or

(f) That a change in any condition requires either a temporary or permanent reduction or elimination of any discharge of effluent, reclaimed water, industrial sludge or residuals use or disposal practice controlled by the permit, such as plant closure or termination of discharge by connection to another permitted facility.

(2) No suspension, revocation, or termination shall become effective until notice is served upon the permittee in accordance with Rules 62-110.106 and 28-107.004, F.A.C., and if requested, a hearing held within the time specified in the notice. The notice shall specify the provision of the law, the permit condition, or the Department order alleged to be violated, and the facts alleged to constitute the violation. This subsection does not preclude the Department from seeking immediate injunctive relief under Section 403.131, F.S.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 120.60, 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 10-23-00.

Fla. Admin. Code R. 62-620.350 Recordkeeping

Unless the permit specifically indicates an alternative location, the permittee shall maintain the following records on the site of the permitted facility or activity and make them available for inspection:

(1) Records of all compliance monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, including, if applicable, a copy of the laboratory certification showing the certification number of the laboratory, for at least three years from the date the sample or measurement was taken;

(2) Copies of all reports, other than those required in subsections (1), (4) and (9) of this rule, required by the permit for at least three years from the date the report was prepared;

(3) Records of all data, including reports and documents, used to complete the application for the permit for at least three years from the date the application was filed;

(4) Monitoring information, including a copy of the laboratory certification showing the laboratory certification number, related to the residuals use and disposal activities for the time period set forth in Chapter 62-640, F.A.C., or for at least three years from the date of sampling or measurement;

(5) A copy of the current permit;

(6) A copy of the current operation and maintenance manual as required by Chapter 62-600, F.A.C.;

(7) A copy of any required record drawings;

(8) Copies of the licenses of the current certified operators if the facility is required by Chapter 62-699, F.A.C., to have certified operators; and,

(9) Copies of the logs and schedules showing plant operations and equipment maintenance for three years from the date on the logs or schedules.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00.

Fla. Admin. Code R. 62-620.400 Permit Application Requirements

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, Repealed 2-16-12.

Fla. Admin. Code R. 62-620.410 General Application Requirements

(1) The Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., contains the general application requirements for a permit for wastewater facilities or activities, except for collection and transmission systems permitted under Chapter 62-604, F.A.C. The application requirements for minor modifications to a wastewater facility or activity include a description of the proposed modification and, if applicable, any reports, plans, and specifications which were developed to implement the modification. The application for minor modification to a wastewater facility or activity shall be made on DEP Form 62-620.910(9).

(2) An applicant for a permit for a new or substantially modified wastewater facility or activity shall submit an application to the Department at least 180 days before a discharge occurs from the facility or activity. An applicant shall apply at least 90 days before construction commences on a new or modified wastewater facility or activity.

(3) An applicant shall submit as part of the application for a permit a preliminary design or engineering report and other information in accordance with the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C. A report substantively addressing all of the elements listed in the Guide shall be submitted at least 90 days before construction commences on a facility or activity which discharges solely to surface waters or on a component of a facility or activity which discharges solely to surface waters if the applicant can demonstrate that the component is separable from the entire facility or activity. For all other facilities or activities, the report shall be submitted and made complete with the application for permit.

(4) Initiation or commencement of construction means to begin performing on-site modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes. For the purposes of the permit, land clearing and site preparation activities related to this construction are not included herein; however, before undertaking these activities, other permits for stormwater discharges from the site may be required.

(5) An applicant shall apply to the Department to renew an existing permit at least 180 days before the expiration date of the existing permit.

(6) Record drawings shall be prepared for new facilities or for substantial modifications to existing facilities permitted pursuant to this chapter. Record drawings shall be prepared and distributed as outlined in the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C. Notification of availability of record drawings shall be made on DEP Form 62-620.910(13).

(7) An applicant for a permit for a new wastewater facility or activity, or for substantial modifications to an existing wastewater facility or activity, shall submit DEP Form 62-620.910(12), Notification of Completion of Construction for Wastewater Facilities or Activities, upon completion of construction.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00.

Fla. Admin. Code R. 62-620.412 Engineering Reports, Preliminary Design Reports, and Other Construction Information

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.420 Application Requirements for New or Existing Industrial Wastewater Facilities

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851, 403.8055 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.425 Application Requirements for Discharges of Non-process Wastewater

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.435 Application Requirements for New and Existing Animal Feeding Operations

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.440 Application Requirements for New and Existing Aquatic Animal Production Facilities

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.445 Application Requirements for Facilities Discharging Stormwater and Permitted Under Section 403.0885, F.S

History

• Rulemaking Authority 403.061, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.450 Application Requirements for New Domestic Wastewater Facilities and Substantial Modifications to Existing Facilities

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0881, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.455 Application Requirements for Renewal of a Permit for a Domestic Wastewater Facility or Activity

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.460 Additional Application and Permit Requirements for Specific Facilities or Activities

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.500 Scope of Part III

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.0876, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.510 Application Processing

(1) Within 30 days after receipt of an application for permit and its processing fee, the Department shall notify the applicant if the application is not complete and shall request submittal of the additional information needed to review the application that the Department is authorized by law to request. If an applicant for a permit issued under Section 403.0885, F.S., and this chapter is required to submit with his application a preliminary design report, engineering report, or other design materials for review, the Department shall advise the applicant if the report or materials are deficient and shall request additional information as appropriate. All Department requests for additional information shall be made in accordance with Sections 120.60, 403.0875 and 403.0876, F.S. An applicant who constructs or modifies a facility under Section 403.0885, F.S., and this chapter, without a permit does so at his own risk and is prohibited from discharging wastes from the newly constructed facility or activity or the newly modified portion of a facility or activity without a permit.

(2) If the application is for permit renewal, the Department shall specify a date for the submittal of the requested information.

(3) Within 30 days after receipt of such additional information, the Department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information.

(4) If the Department decides that a site visit is necessary in conjunction with processing the application, the applicant shall be notified and a visit scheduled.

(5) If the applicant fails to provide information requested or to correct deficiencies noted in the application, which were either requested or notified in accordance with subsection (1), and the information or correction is necessary to meet the requirements of this chapter, the permit shall be denied. If the incomplete application is for renewal of an expiring permit and the renewal is denied, appropriate enforcement action shall be imposed on the applicant for continuing to discharge into waters after the denial is final.

(6) The Department shall notify the applicant that the application is complete after receipt of all required information. The date on which the Department notifies the applicant that the application is complete is the effective date of the application.

(7) When an application is complete, the Department shall determine whether to prepare a draft permit for issuance or denial of a permit. The initial preparation of a draft permit for issuance does not preclude the Department from denying a permit after an opportunity for public comment or public meeting, if requested.

(8) The Department shall render a decision as to whether the draft permit will be for issuance or denial within 90 days after the Department has received all of the information necessary to make the application complete. If this time schedule is not met, the permit applicant may apply for an order from the circuit court requiring the Department to render a decision within a specified time.

(9) If the Department intends to deny the permit application, it shall issue a notice of intent to deny. Public notice under subsection 62-620.550(2), F.A.C., shall not be required. However, the Department shall prepare a statement of basis or fact sheet with the reasons for the proposed action. If the decision to deny is changed, except through an administrative hearing under Section 120.57, F.S., the Department shall withdraw the notice of intent to deny and shall proceed to prepare a draft permit. If the applicant requests an administrative hearing under Section 120.57, F.S., on the Department intent to deny, the applicant shall publish notice of proposed agency action under subsections 62-620.550(1) and 62-110.106(7), F.A.C. Upon completion of the administrative hearing, the Department shall issue or deny the permit in accordance with the conclusions of the proceedings, provided the applicant has published notice as required in subsections 62-620.550(1) and 62-110.106(7), F.A.C. If the applicant has not published notice as required in these rules, the Department shall proceed to prepare a draft permit.

(10) If the Department intends to prepare a draft permit for issuance, it shall prepare and mail to the applicant, not later than the effective date of the application, a project decision schedule. The schedule shall specify, at a minimum, target dates for the following:

(a) Preparation of a draft permit;

(b) Public notice, if required, under subsections 62-620.550(2) through (4), F.A.C.;

(c) Completion of the public comment period, including any public meeting, if held;

(d) Issuance of a final permit or submittal of a proposed permit to EPA;

(e) Public notice, if required, under subsection 62-110.106(7), F.A.C.; and,

(f) Completion of any focal proceedings which may be associated with the application.

(11) A draft permit for issuance shall contain the following information:

(a) All conditions the applicant must meet;

(b) All applicable compliance schedules;

(c) All monitoring requirements; and,

(d) All reclaimed water or effluent limitations, flow limitations, criteria, prohibitions, criteria for residuals or industrial sludge handling, all general conditions, and all variances, if applicable.

(12) All draft permits shall be accompanied by a statement of basis or a fact sheet on which the Department relied in making its decision. The statement of basis or fact sheet shall be prepared in accordance with the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C.

(13) For discharges of wastes into waters regulated under Section 403.0885, F.S., and this chapter, the Department shall, as a part of public notice under subsections 62-620.550(2) through (4), F.A.C., and in accordance with the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., request comments from the U.S. Army Corps of Engineers, the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service.

(14) Comments from the public under subsections 62-620.550(2) through (4), F.A.C., shall be considered in evaluation of the draft permit. Comments received from the agencies listed in subsection (13) of this section shall be considered as described in the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C. If a permit is issued, the Department shall prepare a response to the significant comments in accordance with Rule 62-620.555, F.A.C.

(15) The administrative record of the draft permit shall be available for public inspection at the Department office issuing the permit and shall consist of:

(a) The application and any supporting data provided by the applicant;

(b) The draft permit;

(c) The statement of basis or fact sheet;

(d) All documents cited in the statement of basis or fact sheet; and,

(e) Other documents contained in the supporting file.

(16) Material readily available at the Department office issuing the permit or published material that is generally available that is included in the administrative record need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the fact sheet.

(17) The Department shall:

(a) Prepare a proposed permit for discharges of wastes regulated under Section 403.0885, F.S., after the close of the public comment period under subsections 62-620.550(2) through (4), F.A.C., or, if requested, after any public meeting under Rule 62-620.555, F.A.C.;

(b) Prepare a final permit for other discharges of wastes after public notice under subsection 62-620.550(1), F.A.C., or, if requested, after an administrative hearing.

(18) Except as waived by EPA in a Memorandum of Agreement with the Department, for discharges of wastes regulated under this chapter pursuant to Section 403.0885, F.S., the Department shall submit the proposed permit to the EPA for its concurrence in the Department decision.

(a) If EPA concurs, the Department shall issue a final permit.

(b) If EPA objects to issuance of the permit, in accordance with 40 CFR 123.44 and in writing within 90 days of submittal to EPA, and the Department fails to submit to EPA a revised permit satisfying the objections in accordance with the following timeframe, exclusive authority to issue the NPDES permit under 33 U.S.C. 1342 passes to EPA and the Department retains authority to issue a state permit under Section 403.088, F.S. The Department shall have 90 days from receipt of the EPA objections, or 30 days from the date of a public hearing on the objections, to submit a revised permit to EPA. The Department shall advise the applicant of the EPA objections.

(c) Upon receipt of the EPA concurrence, the Department shall prepare and send to the applicant for publication the public notice required under subsection 62-620.550(1), F.A.C., advising the applicant and all affected persons of their right to an administrative hearing.

(19) Permits shall be issued or denied as follows:

(a) For a facility or activity regulated under this chapter pursuant to Section 403.0885, F.S., the Department shall grant a permit within 30 days after the Department has received concurrence from the EPA on the proposed permit. For a facility or activity regulated under this chapter pursuant to Section 403.0885, F.S., the Department shall deny the permit application within 30 days after public notice of the decision to deny as required under subsection 62-620.550(1), F.A.C.

(b) For a wastewater facility not regulated under Section 403.0885, F.S., the Department shall grant a permit or deny the permit application within 30 days after public notice of the decision on the draft permit as required under subsection 62-620.550(1), F.A.C.

(c) The time for issuing a permit or denying a permit application shall be tolled by the timely filing of a request for an administrative hearing under Section 120.569, F.S. The time shall be tolled until 45 days after the submission of a recommended order or until the administrative petition is dismissed or withdrawn.

(d) If these time schedules are not met, the permit applicant may apply for an order from the circuit court requiring the Department to render a decision within a specified time.

(20) Only that portion of the permit which authorizes a discharge regulated under section 402 of the CWA, as amended, shall be submitted to the EPA for review under that section. A permit includes any draft permit, proposed permit, or final permit described in this chapter.

History

• Rulemaking Authority 403.061, 403.087, 403.815 FS. Law Implemented 403.051, 403.061, 403.087, 403.0876, 403.088, 403.0885, 403.815 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04.

Fla. Admin. Code R. 62-620.511 New Sources and New Dischargers; Criteria for New Source Determination; Effect of Compliance with New Source Performance Standards

History

• Rulemaking Authority 403.061, 403.087, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.512 Coordination with the U.S. Corps of Engineers and Other Government Agencies

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851, 403.8055 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.515 Preparation of a Statement of Basis or a Fact Sheet

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.550 Public Notice

(1) Public notice under Chapter 120, F.S., and subsection 62-110.106(7), F.A.C., advising the applicant and all affected persons of their right to an administrative hearing shall be given as follows:

(a) Public notice shall be required for all permits for new or substantially modified facilities and those facilities described in subparagraph 62-110.106(7)(a)1., F.A.C.;

(b) Notice shall be given in accordance with subsection 62-110.106(7), F.A.C.; and,

(c) If the applicant is also required to give notice under subsections (2) through (4) of this rule, the notice required in this subsection shall be given following the preparation of a proposed permit under subsection 62-620.510(18), F.A.C.

(2) Public notice for discharges of wastes regulated under Section 403.0885, F.S., and this chapter, shall announce the preparation of a draft permit and solicit public comments on its efficacy or announce the date, time and location of a public meeting to take oral comments on a draft permit.

(a) Public notice under this subsection is required when the Department prepares a draft permit for all new wastewater facilities or activities, for all substantially revised permits, for all renewals of permits which have been issued under Section 403.0885, F.S., and this chapter, and for minor revisions to a permit when the revision proposes to decrease a permit requirement for monitoring or reporting. No public notice is required when a request for a permit, permit revision, revocation and reissuance, or termination is denied. Written notice of that denial shall be given to anyone requesting it and to the permittee.

(b) Public notices may describe more than one permit or permit action.

(c) Public notice of the preparation of a draft permit shall allow at least 30 days for public comment.

(d) Public notice of a public meeting shall be given at least 30 days before the meeting. The notice may be given at the same time as public notice of the draft permit and the two notices may be combined.

(3) Public notice of activities described in subsection (2) of this rule, shall be given as set forth in paragraphs (a) and (b), below.

(a) Notice shall be given by mailing a copy of a notice to:

1. The applicant except when the Department is giving notice that it intends to issue a general or generic permit,

2. Any other agency which the Department knows has an interest in the draft permit or public meeting, including EPA,

3. Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources; over historical and archaeological sites; and over coastal zone management plans, including the U.S. Advisory Council on Historic Preservation; U.S. Army Corps of Engineers; the U.S. Fish and Wildlife Service; the National Marine Fisheries Service; the Florida Department of State, Division of Archives and History; the Florida Fish and Wildlife Conservation Commission; and the Florida Department of Community Affairs,

4. Any unit of local government having jurisdiction over the area where the facility is proposed to be located,

5. Persons on Department mailing lists which shall be compiled by notifying the public of the opportunity to be placed on the mailing lists and from those persons who request in writing to be on the lists,

6. Any industrial user identified in the permit application of a privately owned treatment works; and,

7. Any affected state or Indian tribe as defined in 40 CFR 124.2.

(b) For all major facilities and all other facilities of local interest, notice as described in subsection (4) of this rule, shall be given by publication one time only by the permittee at his expense in the daily or weekly newspaper of general circulation within the area affected by the facility or activity and meeting the requirements of Chapter 50, F.S. The Department shall provide the permittee with a copy of the notice to be published. Proof of publication of the notice shall be submitted by the permittee to the Department within two weeks of the date the notice appeared in the newspaper.

(4) Public notices required by paragraph (3)(b) of this rule, shall contain the following minimum information:

(a) Name and address of the Department office processing the permit action for which notice is being given;

(b) Name and address of the permittee or the permit applicant and, if different, of the facility or activity regulated by the permit;

(c) A brief description of the business conducted at the site or plant described in the permit application or the draft permit;

(d) Name, address and telephone number of a person in the Department from whom interested persons may obtain further information, including copies of the draft permit, statement of basis or fact sheet, and the application;

(e) A brief description of the public comment procedures and the time, date and place of any public meeting that will be held, including a statement of procedures to request a public meeting if one has not already been scheduled, and other procedures by which the public may participate in the final permit decision;

(f) A description of the location of the administrative record, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record;

(g) Reference to the date of previous public notices relating to the permit;

(h) A brief description of the nature and purpose of a public meeting, if held; and,

(i) A general description of the location of each existing or proposed discharge point and the name of the receiving water, the residuals or industrial sludge use and disposal practice(s), and the location of each sludge treatment works treating domestic sewage, and reuse or disposal sites known at the time of permit application.

(5) In addition to the public notice described in subsection (4) of this rule, all persons identified in subparagraphs (3)(a)1. through 4. of this rule, shall be mailed a copy of the fact sheet or statement of basis, the permit application form, and the draft permit. Upon request, persons identified in subparagraphs (3)(a)5. through 7. of this rule, will be provided the above documents at cost.

(6) In addition to the information required under subsection (4) of this rule, public notice of a draft permit for a discharge regulated under Section 403.0885, F.S., and this chapter, where a request for a variance from a thermal component pursuant to Rule 62-620.800, F.A.C., has been filed shall include:

(a) A statement that the thermal component of the discharge is subject to effluent limitations under Rule 62-660.400, F.A.C., and a brief description, including a quantitative statement, of the thermal effluent limitations proposed by the applicant;

(b) A statement that a request under Rule 62-620.800, F.A.C., has been filed and that alternative less stringent effluent limitations may be imposed on the thermal component of the discharge and a brief description, including a quantitative statement, of the alternative effluent limitations, if any, included in the request; and,

(c) If the applicant has filed an early screening request with the Department for a variance for a thermal component under Rule 62-620.800, F.A.C., a statement that the applicant has submitted such a plan.

History

• Rulemaking Authority 403.061(31), 403.815 FS. Law Implemented 120.60(3), 403.051, 403.0885, 403.815 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00.

Fla. Admin. Code R. 62-620.555 Public Comments and Requests for Public Meetings

(1) During the public comment period provided in Rule 62-620.550, F.A.C., any interested person may submit written comments on the draft permit or may request a public meeting, if no public meeting has been scheduled.

(2) A request for a public meeting shall be in writing and shall state the nature of the issues proposed to be raised in the meeting.

(3) All significant comments, both written to the Department and presented at a public meeting, shall be considered in making the final decision and shall be answered when a final permit is issued. The response shall be available to the public and shall:

(a) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and,

(b) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period or during any public meeting.

(4) The Department shall hold a public meeting after public notice under subsection 62-620.550(3), F.A.C., whenever a significant degree of public interest in a draft permit is expressed through public comments and requests for a public meeting. The Department may also hold a public meeting whenever it might clarify one or more issues involved in the permit decision.

(5) If a public meeting is held, any person may submit oral or written statements and data concerning the draft permit.

(6) The public comment period under subsection 62-620.550(2), F.A.C., shall automatically be extended to the close of any public meeting under this section. The presiding officer at the public meeting may also extend the comment period by so stating at the meeting.

(7) A tape recording of the public meeting shall be made available to the public during regular business hours at the Department office processing the permit application.

History

• Rulemaking Authority 120.53(1), 403.051, 403.061(31), 403.0885 FS. Law Implemented 120.53(1), 403.051, 403.0885 FS. History–New 11-29-94.

Fla. Admin. Code R. 62-620.610 General Conditions for All Permits

All permits, except General and Generic Permits, issued by the Department under this chapter shall include the following conditions:

(1) The terms, conditions, requirements, limitations and restrictions set forth in this permit are binding and enforceable pursuant to Chapter 403, F.S. Any permit noncompliance constitutes a violation of Chapter 403, F.S., and is grounds for enforcement action, permit termination, permit revocation and reissuance, or permit revision.

(2) This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit constitutes grounds for revocation and enforcement action by the Department.

(3) As provided in Section 403.087(7), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor authorize any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit.

(4) This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

(5) This permit does not relieve the permittee from liability and penalties for harm or injury to human health or welfare, animal or plant life, or property caused by the construction or operation of this permitted source; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. The permittee shall take all reasonable steps to minimize or prevent any discharge, reuse of reclaimed water, or residuals use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(6) If the permittee wishes to continue an activity regulated by this permit after its expiration date, the permittee shall apply for and obtain a new permit.

(7) The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of this permit. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to maintain or achieve compliance with the conditions of the permit.

(8) This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

(9) The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, including an authorized representative of the Department and authorized EPA personnel, when applicable, upon presentation of credentials or other documents as may be required by law, and at reasonable times, depending upon the nature of the concern being investigated, to:

(a) Enter upon the permittee’s premises where a regulated facility, system, or activity is located or conducted, or where records shall be kept under the conditions of this permit;

(b) Have access to and copy any records that shall be kept under the conditions of this permit;

(c) Inspect the facilities, equipment, practices, or operations regulated or required under this permit; and,

(d) Sample or monitor any substances or parameters at any location necessary to assure compliance with this permit or Department rules.

(10) In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data, and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except as such use is proscribed by Section 403.111, F.S., or Rule 62-620.302, F.A.C. Such evidence shall only be used to the extent that it is consistent with the Florida Rules of Civil Procedure and applicable evidentiary rules.

(11) When requested by the Department, the permittee shall within a reasonable time provide any information required by law which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be promptly submitted or corrections promptly reported to the Department.

(12) Unless specifically stated otherwise in Department rules, the permittee, in accepting this permit, agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-302.500, F.A.C., shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard.

(13) The permittee, in accepting this permit, agrees to pay the applicable regulatory program and surveillance fee in accordance with Rule 62-4.052, F.A.C.

(14) This permit is transferable only upon Department approval in accordance with Rule 62-620.340, F.A.C. The permittee shall be liable for any noncompliance of the permitted activity until the transfer is approved by the Department.

(15) The permittee shall give the Department written notice at least 60 days before inactivation or abandonment of a wastewater facility or activity and shall specify what steps will be taken to safeguard public health and safety during and following inactivation or abandonment.

(16) The permittee shall apply for a revision to the Department permit in accordance with Rules 62-620.300, F.A.C., and the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., at least 90 days before construction of any planned substantial modifications to the permitted facility is to commence or with subsection 62-620.325(2), F.A.C., for minor modifications to the permitted facility. A revised permit shall be obtained before construction begins except as provided in Rule 62-620.300, F.A.C.

(17) The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. The permittee shall be responsible for any and all damages which may result from the changes and may be subject to enforcement action by the Department for penalties or revocation of this permit. The notice shall include the following information:

(a) A description of the anticipated noncompliance;

(b) The period of the anticipated noncompliance, including dates and times; and,

(c) Steps being taken to prevent future occurrence of the noncompliance.

(18) Sampling and monitoring data shall be collected and analyzed in accordance with Rule 62-4.246, Chapters 62-160 and 62-601, F.A.C., and 40 C.F.R. 136, as appropriate.

(a) Monitoring results shall be reported at the intervals specified elsewhere in this permit and shall be reported on a Discharge Monitoring Report (DMR), DEP Form 62-620.910(10), or as specified elsewhere in the permit.

(b) If the permittee monitors any contaminant more frequently than required by the permit, using Department approved test procedures, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR.

(c) Calculations for all limitations which require averaging of measurements shall use an arithmetic mean unless otherwise specified in this permit.

(d) Except as specifically provided in Rule 62-160.300, F.A.C., any laboratory test required by this permit shall be performed by a laboratory that has been certified by the Department of Health Environmental Laboratory Certification Program (DOH ELCP). Such certification shall be for the matrix, test method and analyte(s) being measured to comply with this permit. For domestic wastewater facilities, testing for parameters listed in subsection 62-160.300(4), F.A.C., shall be conducted under the direction of a certified operator.

(e) Field activities including onsite tests and sample collection shall follow the applicable standard operating procedures described in DEP-SOP-001/01 adopted by reference in Chapter 62-160, F.A.C.

(f) Alternate field procedures and laboratory methods may be used where they have been approved in accordance with Rules 62-160.220 and 62-160.330, F.A.C.

(19) Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule detailed elsewhere in this permit shall be submitted no later than 14 days following each schedule date.

(20) The permittee shall report to the Department any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; clean up actions taken and status; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. For noncompliance events related to sanitary sewer overflows, bypass events, or unauthorized discharges, these reports must include the data described above (with the exception of time of discovery) as well as the type of event (e.g., sanitary sewer overflow, bypass, unauthorized discharge); type of sanitary sewer overflow structure (e.g., manhole); the discharge location address and latitude/longitude; type of water discharged; discharge volumes and volumes recovered; volume discharged to surface waters and receiving waterbody name; types of human health and environmental impacts of the sanitary sewer overflow, bypass event, or unauthorized discharge (e.g., beach closure); whether the noncompliance was caused by a thrid party; and whether the noncompliance was related to wet weather. The written submission may be provided electronically using the Department’s Business Portal at http://www.fldepportal.com/go/ (via “Submit” followed by “Report” or “Registration/Notification”). Notice required for public notice of pollution under paragraph (d) may be provided together with the written submission using the Business Portal. All noncompliance events related to sanitary sewer overflows or bypass events submitted after (September 14, 2021), shall be submitted electronically.

(a) The following shall be included as information which must be reported within 24 hours under this condition:

1. Any unanticipated bypass which causes any reclaimed water or the effluent to exceed any permit limitation or results in an unpermitted discharge,

2. Any upset which causes any reclaimed water or the effluent to exceed any limitation in the permit,

3. Violation of a maximum daily discharge limitation for any of the pollutants specifically listed in the permit for such notice; and,

4. Any unauthorized discharge to surface or ground waters, except for discharges to ground water of reclaimed water meeting Part III or Part V treatment standards under Chapter 62-610, F.A.C.

(b) Oral reports as required by this subsection shall be provided as follows:

1. For unauthorized releases or spills of treated or untreated wastewater reported pursuant to subparagraph (a)4., that are in excess of 1,000 gallons per incident, or where information indicates that public health or the environment will be endangered, oral reports shall be provided to the Department by calling the State WATCH OFFICE toll free number (800)320-0519, as soon as practicable, but no later than 24 hours from the time the permittee becomes aware of the discharge. The permittee, to the extent known, shall provide the following information to the State Watch Office:

a. Name, address, and telephone number of person reporting,

b. Name, address, and telephone number of permittee or responsible person for the discharge,

c. Date and time of the discharge and status of discharge (ongoing or ceased),

d. Characteristics of the wastewater spilled or released (untreated or treated, industrial or domestic wastewater),

e. Estimated amount of the discharge,

f. Location or address of the discharge,

g. Source and cause of the discharge,

h. Whether the discharge was contained on-site, and cleanup actions taken to date,

i. Description of area affected by the discharge, including name of water body affected, if any; and,

j. Other persons or agencies contacted.

2. Oral reports, not otherwise required to be provided pursuant to subparagraph (b)1., above, shall be provided to the Department within 24 hours from the time the permittee becomes aware of the circumstances.

(c) If the oral report has been received within 24 hours, the noncompliance has been corrected, and the noncompliance did not endanger health or the environment, the Department shall waive the written report.

(d) In accordance with Section 403.077, F.S., unauthorized releases or spills reportable to the State Watch Office pursuant to subparagraph (b)1. above shall also be reported to the Department within 24 hours from the time the permittee becomes aware of the discharge. The permittee shall provide to the Department information reported to the State Watch Office. Notice of unauthorized releases or spills may be provided to the Department through the Department’s Public Notice of Pollution web page at https://floridadep.gov/pollutionnotice or by reporting electronically using the Department’s Business Portal at http://www.fldepportal.com/go/ (via “Submit” followed by “Report” or “Registration/Notification”).

1. If, after providing notice pursuant to paragraph (d) above, the permittee determines that a reportable unauthorized release or spill did not occur or that an amendment to the notice is warranted, the permittee may submit a letter to the Department documenting such determination at pollution.notice@floridadep.gov.

2. If, after providing notice pursuant to paragraph (d) above, the permittee discovers that a reportable unauthorized release or spill has migrated outside the property boundaries of the installation, the permittee must provide an additional notice to the Department that the release has migrated outside the property boundaries within 24 hours after its discovery of the migration outside of the property boundaries.

(e) Unless discharged to surface waters, a spill, release, discharge, upset or bypass involving reclaimed water meeting Part III or Part V treatment standards under Chapter 62-610, F.A.C., shall not be considered to endanger health or the environment and shall be reported under subsection (21) of this permit.

(21) The permittee shall report all instances of noncompliance not reported under subsection (17), (18) or (19), of this permit at the time monitoring reports are submitted. This report shall contain the same information required by subsection (20) of this permit.

(22) Bypass Provisions.

(a) Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless the permittee affirmatively demonstrates that:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and,

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and,

3. The permittee submitted notices as required under paragraph (22)(b), of this permit.

(b) If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Department, if possible at least 10 days before the date of the bypass. The permittee shall submit notice of an unanticipated bypass within 24 hours of learning about the bypass as required in subsection (20), of this permit. A notice shall include a description of the bypass and its cause; the period of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.

(c) The Department shall approve an anticipated bypass, after considering its adverse effect, if the permittee demonstrates that it will meet the three conditions listed in subparagraphs (22)(a)1. through 3., of this permit.

(d) A permittee may allow any bypass to occur which does not cause reclaimed water or effluent limitations to be exceeded if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (22)(a) through (c), of this permit.

(23) Upset Provisions.

(a) A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred and that the permittee can identify the cause(s) of the upset,

2. The permitted facility was at the time being properly operated,

3. The permittee submitted notice of the upset as required in subsection (20), of this permit; and,

4. The permittee complied with any remedial measures required under subsection (5), of this permit.

(b) In any enforcement proceeding, the burden of proof for establishing the occurrence of an upset rests with the permittee.

(c) Before an enforcement proceeding is instituted, no representation made during the Department review of a claim that noncompliance was caused by an upset is final agency action subject to judicial review.

History

• Rulemaking Authority 403.061, 403.077, 403.087 FS. Law Implemented 403.051, 403.061, 403.077, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 4-17-02, 12-23-04, 2-7-06, 9-14-21.

Fla. Admin. Code R. 62-620.620 Guidelines for Establishing Specific Permit Conditions

(1) Permit conditions shall be based on relevant statutory or regulatory provisions in effect prior to the final administrative disposition of a permit. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit. Except for collection system permits under Chapter 62-604, F.A.C., each permit shall contain the following permit conditions as applicable:

(a) Technology-based effluent limitations and standards set forth in Chapter 62-600, 62-610, 62-611, 62-660, 62-670, or 62-671, F.A.C., or developed under 40 C.F.R. Part 125, subpart A;

(b) New source performance standards set forth in Chapter 62-660 or 62-671, F.A.C.;

(c) Other effluent limitations and standards set forth in Chapter 62-600, 62-610, 62-611, 62-650, 62-660, 62-670, or 62-671, F.A.C.;

(d) Standards for residuals use or disposal set forth in Chapter 62-640, 62-2, 62-7, or 62-701, F.A.C.;

(e) The permitted capacity for a domestic wastewater facility, including capacities for all disposal options, in accordance with Chapter 62-600, F.A.C.;

(f) A reopener clause that notifies the permittee that the permit may be revised or revoked and reissued if a standard is promulgated by the Department that is more stringent than the requirements of the permit for a primary industry category listed in 40 C.F.R. 122 Appendix A, or for residuals use or disposal, including requirements for the control of a pollutant or practice not limited in the permit;

(g) Any requirements in addition to or more stringent than applicable promulgated effluent limitations necessary to provide reasonable assurance that a discharge will not cause or contribute to violations of water quality standards set forth in Chapter 62-302, F.A.C., including chemical-specific limits and whole effluent toxicity limits, as applicable;

(h) Technology-based controls for toxic pollutants which are or may be discharged at a level greater than the level which can be achieved by technology-based treatment requirements appropriate to the permittee or, in the alternative, limitations to control those or other pollutants that will provide treatment of the toxic pollutants to the required levels for discharge;

(i) A notification level established under subparagraphs 62-620.625(1)(a)4. and (1)(b)4., F.A.C. This new notification level shall not exceed the level which can be achieved by the technology-based treatment requirements applicable to the permittee under Chapter 62-660, F.A.C.;

(j) Other pollutants for which the permittee must report violations of maximum daily discharge limitations within 24 hours in accordance with subparagraph 62-620.610(20)(a)3., F.A.C. This list shall include any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control a toxic pollutant or hazardous substance;

(k) The effective date and the expiration date of the permit;

(l) A schedule for construction of the facility or any modification thereto, and any required start-up or testing period needed, including dates for compliance with interim and final effluent limitations;

(m) A schedule for the development of a pretreatment program, if required under Chapter 62-625, F.A.C. If a program has already been approved, the permit shall incorporate the program by reference;

(n) In addition to the requirements and restrictions authorized by Section 403.088(2)(c), F.S., and subsection 62-620.310(9), F.A.C., best management practices as provided in 40 C.F.R. 122.44(k);

(o) When a permit is renewed or reissued pursuant to Rule 62-620.325 or 62-620.335, F.A.C., interim effluent limitations, standards or conditions shall be at least as stringent as the final effluent limitations, standards, or conditions in the previous permit unless the circumstances on which the previous permit was based have materially and substantially changed since the time the permit was issued and would constitute cause for permit revision or revocation and reissuance;

(p) When a permit is issued to a facility that may operate at certain times as a means of transportation over water, a condition that the discharge shall comply with any applicable regulations, promulgated by the Secretary of the Department in which the U.S. Coast Guard is operating, that establish specifications for safe transportation, handling, carriage, and storage of pollutants;

(q) Any conditions that the Secretary of the Army (U.S. Army Corps of Engineers) considers necessary to ensure that navigation and anchorage will not be substantially impaired, or

(r) For a permit to a privately owned domestic wastewater facility, any permit conditions expressly applicable to any industrial user of the domestic wastewater facility, as a limited co-permittee, that are necessary to ensure compliance with applicable requirements under Chapter 62-625, F.A.C. Alternatively, the Department may require a separate permit application from any industrial user and may issue separate permits to the treatment works and to its industrial users to ensure compliance with Chapter 62-625, F.A.C. The Department shall include in the fact sheet for the draft permit(s) the reason(s) for its decision to issue a permit to the treatment works with no conditions applicable to any industrial user, to impose in the permit to the treatment works conditions on one or more industrial users, or to require separate applications and separate permits for the treatment works and the industrial users.

(2) Permit conditions shall be established for the following:

(a) Outfalls and discharge points. All permit effluent limitations, standards and prohibitions shall be established for each outfall or discharge point of the permitted facility or activity, except as otherwise provided under paragraphs (1)(m), (1)(p) and (2)(i), of this rule, and activities permitted under Chapter 62-624, F.A.C.

(b) Production-based limitations.

1. In the case of domestic wastewater treatment facilities, permit effluent limitations, standards, or prohibitions shall be based on permitted capacity as set forth in Chapter 62-600, F.A.C.

2. In the case of industrial wastewater treatment facilities, calculation of any permit limitations, standards, or prohibitions which are based on production or other measure of operation shall be based not upon the designed production capacity but rather upon a reasonable measure of actual production of the facility. For new sources or new dischargers, actual production shall be estimated using projected production. The time period of the measure of production shall correspond to the time period of the calculated permit limitations; for example, monthly production shall be used to calculate average monthly discharge limitations.

3. If applicable, the Department shall include a condition establishing alternate permit limitations, standards, or prohibitions based upon anticipated increased (not to exceed maximum production capability) or decreased production levels.

4. If the Department establishes permit conditions under subparagraph 3. of this subsection:

a. The permittee shall comply with the limitations, standards, or prohibitions that correspond to the lowest level of production specified in the permit, unless the permittee has notified the Department under sub-subparagraph b., of this subsection, in which case the permittee shall comply with the lower of the actual level of production during each month or the level specified in the notice.

b. The permit shall require the permittee to notify the Department at least two business days prior to a month in which the permittee expects to operate at a level higher than the lowest production level identified in the permit. The notice shall specify the anticipated level and the period during which the permittee expects to operate at the alternate level. If the notice covers more than one month, the notice shall specify the reasons for the anticipated production level increase. New notice of discharge at alternate levels is required to cover a period or production level not covered by prior notice or, if during two consecutive months otherwise covered by a notice, the production level at the permitted facility does not in fact meet the higher level designated in the notice.

c. The permittee shall submit with the Discharge Monitoring Report, DEP Form 62-620.910(10), the level of production that actually occurred during each month and the limitations, standards, or prohibitions applicable to that level of production.

(c) Metals. All permit effluent limitations for a metal that is hardness-dependent shall contain a requirement for monitoring hardness. All permit effluent limitations, standards, or prohibitions for a metal shall be expressed as follows:

1. “Total recoverable metal” in accordance with test methods in 40 C.F.R. Part 136, Rule 62-4.246, and Chapter 62-160, F.A.C., or

2. Dissolved, valent or total form if:

a. An applicable effluent standard or limitation has been promulgated under the CWA and adopted by Department rule, and specifies the limitation for the metal in the dissolved, valent or total form,

b. In establishing water quality based permit effluent limitations, it is necessary to express the limitation on the metal in the dissolved, valent or total form to ensure protection of applicable water quality standards promulgated under Chapter 403, F.S., or

c. All approved analytical methods for the metal measure only its dissolved form.

(d) Continuous discharges. Unless impracticable or not applicable under Department rules, all permit effluent limitations, standards, and prohibitions, other than permitted capacity, pH, and fecal coliform, shall be stated as:

1. Maximum daily and average monthly discharge limitations for all industrial wastewater treatment facilities; and,

2. For domestic wastewater treatment facilities, annual, monthly, and weekly average discharge limitations and a maximum permissible concentration in a single sample.

(e) Non-continuous discharges. Non-continuous discharges shall be particularly described and limited, considering the following factors, as appropriate:

1. Frequency,

2. Total mass,

3. Maximum rate of discharge of pollutants during the discharge; and,

4. Prohibition or limitation of specified pollutants by mass, concentration, or other appropriate measure.

(f) Limited wet weather discharges from domestic wastewater facilities. Discharges of excess reclaimed waters during wet weather periods shall be in accordance with Chapter 62-610, F.A.C., including calculations of the required stream dilution factor.

(g) Mass limitations.

1. All pollutants limited in permits shall have limitations, standards or prohibitions expressed in terms of mass except:

a. For pH, temperature, radiation, or other pollutants which cannot appropriately be expressed by mass,

b. When applicable standards and limitations are expressed in terms of other units of measurement, or

c. If in establishing permit limitations on a case-by-case basis, limitations expressed in terms of mass are infeasible because the mass of the pollutant discharged cannot be related to a measure of operation (for example, discharges of TSS from certain mining operations) and permit conditions ensure that dilution will not be used as a substitute for treatment.

2. Pollutants limited in terms of mass may also be limited in terms of other units of measurement, and the permit shall require the permittee to comply with both limitations.

(h) Pollutants in intake water.

1. Upon request of the discharger, technology-based effluent limitations or standards shall be adjusted to reflect credit for pollutants in the discharger’s intake water if:

a. The applicable effluent limitations and standards contained in Chapter 62-660, F.A.C., specifically provide that they shall be applied on a net basis, or

b. The discharger demonstrates that the control system it proposes or uses to meet applicable technology-based limitations and standards would, if properly installed and operated, meet the limitations and standards in the absence of pollutants in the intake waters.

2. Credit for generic pollutants such as biochemical oxygen demand (BOD) or total suspended solids (TSS) shall not be granted unless the permittee demonstrates that the constituents of the generic measure in the effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

3. Credit shall be granted only to the extent necessary to meet the applicable limitation or standard, up to a maximum value equal to the influent value.

4. Credit shall be granted only if the discharger demonstrates that the intake water is drawn from the same body of water into which the discharge is made. The Department shall waive this requirement if the discharger demonstrates that no environmental degradation will result.

5. This section does not apply to the discharge of raw water clarifier industrial sludge generated from the treatment of intake water.

(i) Internal waste streams.

1. When permit effluent limitations or standards imposed at the point of discharge are impractical or infeasible, effluent limitations or standards for discharges of pollutants shall be imposed on internal waste streams before mixing with other waste streams or cooling water streams. In those instances, the monitoring required by general conditions for all permits shall also be applied to the internal waste streams.

2. Limits on internal waste streams shall be imposed only when the fact sheet prepared in accordance with the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., sets forth the exceptional circumstances which make such limitations necessary, such as when the final discharge point is inaccessible, the wastes at the point of discharge are so diluted as to make monitoring impracticable, or the interferences among pollutants at the point of discharge make detection or analysis impracticable.

(j) Disposal of process wastewater into injection wells, into separately permitted wastewater treatment facilities, or by land application. Permit limitations and standards shall be calculated as provided in subsection (5) of this rule.

(3) Whole Effluent Toxicity Testing.

(a) Whole effluent toxicity testing shall be required for the following wastewater facilities that discharge to surface waters:

1. Major wastewater facilities,

2. Minor domestic wastewater facilities with an approved pretreatment program or required to develop a pretreatment program,

3. Minor industrial wastewater facilities with a discharge that has the potential to result in aquatic toxicity; and,

4. Any wastewater facility, regardless of size, which has a prior history of effluent toxicity.

(b) Unless provided elsewhere in this rule, facilities required to conduct whole effluent toxicity testing shall conduct chronic definitive tests starting with 100% effluent using a minimum of five dilution concentrations in accordance with paragraph 62-620.620(3)(g), F.A.C. Acute definitive tests shall not be required unless 50 percent or greater mortality is observed in any test concentration.

(c) Facilities with high rate dilution permitted under paragraph 62-4.244(3)(b), F.A.C., that are required to conduct whole effluent toxicity testing shall conduct acute definitive tests starting with 60% effluent using a minimum of five dilution concentrations in accordance with paragraph 62-620.620(3)(h), F.A.C. Chronic definitive tests shall not be required.

(d) Open Ocean Discharge facilities permitted under paragraph 62-4.244(3)(c), F.A.C., that are required to conduct whole effluent toxicity testing shall conduct chronic definitive tests starting with 60% effluent and using a minimum of five dilution concentrations in accordance with paragraph 62-620.620(3)(g), F.A.C.

1. Acute definitive tests shall not be required unless acute effects, as identified in paragraph 62-4.241(4)(a), F.A.C., are observed in the chronic definitive tests.

2. At the time of each permit renewal, a facility permitted under paragraph 62-4.244(3)(c), F.A.C., may submit data for three consecutive independent chronic whole effluent toxicity tests each spaced at least two months apart and representative of seasonal variations and flow. If all three tests meet the chronic whole effluent toxicity test limitations in paragraph 62-4.241(4)(b), F.A.C., then the facility may request that the permit renewal be issued with acute whole effluent toxicity testing according to paragraph 62-620.620(3)(h), F.A.C., in place of chronic whole effluent toxicity testing.

(e) Water treatment facilities that discharge demineralization concentrate, that have been granted a mixing zone under paragraph 62-4.244(3)(d), F.A.C., and that are required to conduct whole effluent toxicity testing shall conduct chronic definitive tests starting with 100% effluent and using a minimum of five dilution concentrations in accordance with paragraph 62-620.620(3)(g), F.A.C. Acute definitive tests shall not be required unless acute effects as identified in paragraph 62-4.241(5)(a), F.A.C., are observed in the chronic definitive tests.

(f) Facilities with intermittent discharges at frequencies and durations that do not enable sampling according to Section 8.3, in Methods EPA-821-R-02-013 and EPA-821-R-02-014 shall be required to conduct acute definitive tests starting with 100% effluent and using a minimum of five dilution concentrations in accordance with paragraph 62-620.620(3)(h), F.A.C. Chronic definitive tests shall not be required.

(g) Monitoring for chronic definitive whole effluent toxicity tests shall be as follows:

1. Monitoring Frequency. “Routine” toxicity tests are whole effluent toxicity tests conducted at regularly scheduled intervals once every three months unless otherwise specified in the facility’s permit or by operation of paragraph 62-620.620(3)(l), F.A.C.

2. Sample and Test Requirements.

a. Three 24-hour flow-proportioned composite samples of final effluent shall be collected in accordance with Section 8.3, in Methods EPA-821-R-02-013 and EPA-821-R-02-014 for each test conducted. If the duration of the discharge during a 24-hour composite sampling interval is less than 24-hours, the duration of the discharge shall be included in the facility’s report.

b. Test species, procedures, and quality assurance criteria shall be in accordance with Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms, 3rd ed., October 2002, EPA-821-R-02-014, incorporated herein by reference; or Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, 4th ed., October 2002, EPA-821-R-02-013, incorporated herein by reference.

c. The permittee shall conduct 7-day chronic toxicity tests for survival and growth with the mysid shrimp, Americamysis (Mysidopsis) bahia, EPA Method #1007.0 and the inland silverside, Menidia beryllina, EPA Method #1006.0, concurrently, if the effluent salinity is 1.0 part per thousand or greater measured as conductivity and the discharge is to predominantly marine waters, as defined in Rule 62-302.200, F.A.C. EPA Methods #1007.0 and #1006.0 are located in Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms, 3rd ed., October 2002, EPA-821-R-02-014, incorporated by reference in sub-subparagraph 62-620.620(3)(g)2.b., F.A.C.

d. The permittee shall conduct 7-day chronic toxicity tests for survival and reproduction with the daphnid, Ceriodaphnia dubia, EPA Method #1002.0, and for survival and growth with the fathead minnow, Pimephales promelas, EPA Method #1000.0, concurrently, if the effluent salinity is less than 1.0 part per thousand measured as conductivity or when the discharge is to predominantly fresh waters, as defined in rule 62-302.200, F.A.C. EPA Methods #1002.0 and #1000.0 are located in Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, 4th ed., October 2002, EPA-821-R-02-013, incorporated by reference in sub-subparagraph 62-620.620(3)(g)2.b., F.A.C.

e. If the effluent salinity is less than 1.0 part per thousand measured as conductivity, and the effluent chloride concentration is greater than 230 milligrams per liter, and the discharge is to predominantly marine waters, the permittee may conduct 7-day chronic toxicity tests for survival and growth with the mysid shrimp, Americamysis (Mysidopsis) bahia, EPA Method #1007.0, and the inland silverside, Menidia beryllina, EPA Method #1006.0, concurrently.

f. The whole effluent toxicity test species shall be determined based on the effluent salinity at the edge of the mixing zone for facilities that discharge to predominantly marine waters and that have been granted chronic toxicity mixing zones under paragraph 62-4.244(3)(a), F.A.C. The salinity at the edge of the mixing zone is determined by diluting the effluent to the concentration at the edge of the mixing zone with dilution water adjusted to the minimum salinity of the receiving water. The whole effluent toxicity test species shall be freshwater species if the discharge is to predominantly fresh waters.

g. For freshwater species, the control water and dilution water used shall be moderately hard water as described in EPA-821-R-02-013, Section 7. For saltwater species, the control/dilution water shall be artificial seawater adjusted to the test salinity as described in EPA-821-R-02-014, Section 7.2 or hypersaline brine adjusted to the test salinity as described in EPA-821-R-02-014, Section 7.3.5. For whole effluent toxicity tests using saltwater species and a dilution series starting with the 100% effluent, only artificial sea salts shall be used to adjust the salinity of the effluent and control/dilution water. The test salinity shall be determined as follows:

(I) For the A. bahia bioassays, the effluent shall be adjusted to a salinity of 20 parts per thousand. The salinity of the control/dilution water (0% effluent) shall be 20 parts per thousand. When the salinity of the effluent is greater than 20 parts per thousand, no salinity adjustment shall be made to the effluent and the test shall be run at the effluent salinity. For facilities granted a chronic toxicity mixing zone, if the effluent salinity at the edge of the mixing zone as described in sub-subparagraph 62-620.620(3)(g)2.f., F.A.C., is greater than 20 parts per thousand, the salinity of the effluent and the control/dilution water (0% effluent) may be adjusted to match the minimum salinity of the effluent at the edge of the mixing zone, but shall not exceed the salinity range of the method.

(II) For the M. beryllina bioassays, when the salinity of the effluent is between 1 and 5 parts per thousand, the effluent shall be adjusted to a salinity of 5 parts per thousand. When the salinity of the effluent is greater than 5 parts per thousand, no salinity adjustment shall be made to the effluent and the test shall be run at the effluent salinity. The salinity of the control/dilution water (0% effluent) shall be 5 parts per thousand. For facilities granted a chronic toxicity mixing zone, if the effluent salinity at the edge of the mixing zone as described in sub-subparagraph 62-620.620(3)(g)2.f., F.A.C., is greater than 5 parts per thousand, the salinity of the effluent and control/dilution water (0% effluent) may be adjusted to match the minimum salinity of the effluent at the edge of the mixing zone, but shall not exceed the salinity range of the method.

h. If 100% mortality occurs in all effluent concentrations before the end of any test, and control mortality is less than 20% at that time, the test (including the control) shall be terminated with the conclusion that the test fails.

i. If a chronic definitive test is invalid as established in EPA methods EPA-821-R-02-013 and EPA-821-R-02-014, a retest must be started within 21 days after the last day of the invalid chronic definitive test.

(h) Monitoring for acute definitive whole effluent toxicity tests shall be as follows:

1. Monitoring Frequency.

a. The monitoring frequency for facilities required to conduct routine acute definitive tests in accordance with paragraph 62-620.620(3)(c), F.A.C., shall be as required in subparagraph 62-620.620(3)(g)1., F.A.C.

b. The monitoring frequency for facilities required to conduct routine acute definitive tests in accordance with paragraph 62-620.620(3)(f), F.A.C., shall be established based on the frequency and characteristics of the discharge.

2. Sample and Test Requirements.

a. Tests shall be conducted on four separate grab samples collected at evenly-spaced (6-hr) intervals over a 24-hour period to catch any peaks of toxicity and to account for daily variations in effluent quality. The four grab samples, while used in eight bioassays (four bioassays for each species), represent one test. If the duration of the discharge is less than 24-hours, the duration of discharge shall be documented in the facility’s report.

b. Test species, procedures, and quality assurance criteria shall be in accordance with Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, 5th ed., October 2002, EPA-821-R-02-012, incorporated herein by reference.

c. The permittee shall conduct 96-hour acute static renewal toxicity tests with the mysid shrimp, Americamysis (Mysidopsis) bahia, and the inland silverside, Menidia beryllina, concurrently, if the effluent salinity is 1.0 part per thousand or greater measured as conductivity and the discharge is to predominantly marine waters, as defined in Rule 62-302.200, F.A.C.

d. The permittee shall conduct 96-hour acute static renewal toxicity tests with the daphnid, Ceriodaphnia dubia, and the bannerfin shiner, Cyprinella leedsi, concurrently, if the effluent has a salinity of less than 1.0 part per thousand measured as conductivity or when the discharge is to predominantly fresh waters, as defined in Rule 62-302.200, F.A.C.

e. For facilities granted acute toxicity relief under paragraphs 62-4.244(3)(b) through (d), F.A.C., and that discharge to predominantly marine waters, the whole effluent toxicity test species shall be determined based on the salinity of the effluent diluted to the whole effluent acute toxicity limits in subsections 62-4.241(3) through (5), F.A.C., with control water adjusted to the minimum salinity of the receiving water.

f. For freshwater species, the control water and dilution water used shall be moderately hard water as described in EPA-821-R-02-012, Table 7. For saltwater species, the control/dilution water shall be artificial seawater adjusted to the test salinity as described in EPA-821-R-02-012, Section 7.2.4, or hypersaline brine adjusted to the test salinity as described in EPA-821-R-02-012, Section 7.3.7. For whole effluent toxicity tests using saltwater species and a dilution series starting with the 100% effluent, only artificial sea salts shall be used to adjust the salinity of the effluent and control/dilution water. The test salinity shall be determined as follows:

(I) When the salinity of the effluent is between 1 and 7 parts per thousand, the following salinity adjustment shall be used. For the A. bahia bioassays, the effluent shall be adjusted to a salinity of 7 parts per thousand. The control/dilution water shall be adjusted to 7 parts per thousand. No salinity adjustment shall be made for the M. beryllina bioassay test. The salinity of the control/dilution water (0% effluent) shall be adjusted to match the salinity of the effluent.

(II) When the salinity of the effluent is greater than 7 parts per thousand, no salinity adjustment shall be made to the effluent and the tests shall be run at the effluent salinity.

g. If 100% mortality occurs in all effluent concentrations before the end of any test, and control mortality is less than 10% at that time, the test (including the control) shall be terminated with the conclusion that the test fails.

h. If an acute definitive test is invalid as established in EPA method EPA-821-R-02-012, a retest must be started within 14 days of the last day of the invalid acute test.

(i) Acute and Chronic Whole Effluent Toxicity Test Failures.

1. A whole effluent toxicity test fails when the test does not meet the applicable acute or chronic whole effluent toxicity limits in Rule 62-4.241, F.A.C.

2. If a routine test fails, the permittee shall notify the Department within 21 days after the last day of the routine test.

3. The permittee shall conduct two additional follow-up tests on each species that failed the routine test. The first additional follow-up test shall be initiated within 28 days after the last day of the end of the failed routine test and weekly thereafter until a total of two valid additional follow-up tests are completed. If needed for intermittent discharges, the additional follow-up tests shall be initiated at the next discharge occurrence. The additional follow-up tests are intended to determine whether the whole effluent toxicity test failure of a facility’s effluent is intermittent or persistent.

a. Chronic whole effluent toxicity additional follow-up tests shall be conducted according to the monitoring procedures in paragraph 62-620.620(3)(g), F.A.C. The permittee may modify the dilution series in the second additional follow-up test to more accurately bracket the toxicity, such that at least two dilutions above and two dilutions below the target concentration and a control (0% effluent) are run.

b. Acute whole effluent toxicity additional follow-up tests shall be conducted according to the monitoring procedures in paragraph 62-620.620(3)(h), F.A.C., except that the second additional follow-up test shall be run on a single grab sample collected on the same day of the week and time when the greatest toxicity was identified in the routine or first additional follow-up test. The permittee may modify the dilution series in the second additional follow-up test to more accurately bracket the toxicity, such that at least two dilutions above and two dilutions below the target concentration and a control (0% effluent) are run.

4. In the event of three valid test failures (whether routine or additional follow-up tests) within a 12-month period, the permittee shall notify the Department within 21 days after the last day of the third test failure.

a. The permittee shall submit a plan for correction of the effluent toxicity within 60 days after the last day of the third test failure.

b. The plan shall be reviewed and approved by the Department before initiation. The Department shall approve the plan provided the study design is of sufficient scope and sensitivity to potentially identify and correct the toxicity.

c. The plan shall be initiated within 30 days following the Department’s written approval of the plan. The permittee shall submit progress reports to the Department every three months to the address specified in the facility’s permit.

d. During the period of time that the approved plan is ongoing, the permittee shall conduct routine whole effluent toxicity testing at the frequency of once every three months, but shall not be required to perform additional follow-up tests. If a routine test is invalid as established in EPA Methods, EPA-821-R-02-012, EPA-821-R-02-013, or EPA-821-R-02-014, a retest must be started within 21 days for a chronic test or 14 days for an acute test after the last day of the invalid test.

e. Following completion or termination of the plan, the frequency of monitoring for routine and additional follow-up whole effluent toxicity tests shall return to the schedule established in the facility wastewater permit. The permittee may terminate the plan at any time upon written verification by the Department that the facility has passed at least four consecutive valid routine whole effluent toxicity tests.

5. The additional follow-up testing and the plan required in subparagraphs 62-620.620(3)(i)3. and 4., F.A.C., do not preclude enforcement action.

(j) Acute and Chronic Whole Effluent Toxicity Tests Reporting Requirements.

1. The permittee shall mail a bioassay laboratory report for each routine test to the Department at the address specified in the permit within 30 days after the last day of the routine test. For additional follow-up tests, the bioassay laboratory report shall be mailed to the Department at the address specified in the permit within 30 days after the last day of the second valid follow-up test.

2. The laboratory reports shall be prepared according to Section 10, Report Preparation and Test Review, of the method required by sub-subparagraph 62-620.620(3)(g)2.b., F.A.C., for chronic whole effluent toxicity tests or Section 12, Report Preparation and Test Review, of the method required by sub-subparagraph 62-620.620(3)(h)2.b., F.A.C., for acute whole effluent toxicity tests.

3. All invalid test results shall be submitted with the repeat test results to the Department at the address specified in the permit.

(k) The Department shall increase or decrease the whole effluent toxicity test requirements in this rule taking any of the following factors into consideration:

1. The variability of the pollutants or pollutant parameters in the effluent indicated by the facility’s effluent characterization, the type of treatment facility, and types of industrial contribution to the influent of a domestic wastewater facility,

2. The dilution of the effluent in the receiving water indicated by the ratio of the effluent flow to the receiving water flow,

3. The degree of similarity between discharge points at facilities with multiple outfalls, where the sampling of one outfall is representative of more than one discharge point,

4. Site-specific considerations including the history of toxic impact or compliance problems at the wastewater facility which cause or contribute to adverse water quality impacts,

5. The existing and historical land-use, as well as existing and historical analytical data, when considering discharges that are primarily composed of storm water run-off, or

6. Results from implementation of the plan required in subparagraph 62-620.620(3)(i)4., F.A.C.

(l) Notwithstanding paragraph 62-620.620(3)(k), F.A.C., upon completion of four consecutive, valid routine tests that demonstrate compliance with the whole effluent toxicity limits in the facility’s wastewater permit, a permittee may submit a written request to the Department for a reduction in routine monitoring frequency from once every three months, as required under subparagraph 62-620.620(3)(g)1., F.A.C., to once every six months. The request shall include a summary of the data and the complete bioassay reports for all tests being considered. The Department shall act on the request within 45 days. Reductions in monitoring shall only become effective upon the Department’s written confirmation that the facility has completed four consecutive valid passing routine whole effluent toxicity tests. A single failed test shall not result in a return to quarterly monitoring unless the Department determines that more frequent monitoring is required to address a specific toxicity issue.

(4) When a permit is renewed, revised, or reissued, a less stringent effluent limitation than contained in the previous permit shall be contained in the renewed, revised, or reissued permit only if the permittee demonstrates that:

(a) Information, other than revised rules, guidance, or test methods, is available which was not available at the time of permit issuance and which would have justified the application of a less stringent effluent limitation at the time of permit issuance or the Department determines that technical mistakes or mistaken interpretations of law were made in issuing the permit;

(b) A less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is no reasonably available remedy;

(c) A permit revision for a substantial modification to the facility provides justification for the application of a less stringent effluent limitation;

(d) A variance has been granted under Part VI of Chapter 62-620, F.A.C., or

(e) The treatment works required to meet the effluent limitations in the previous permit have been installed, properly operated, and maintained but the facility has nevertheless been unable to achieve the previous effluent limitations. In such cases, the limitations in the renewed, revised, or reissued permit shall reflect the level of pollutant control actually achieved but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, revision, or reissuance.

(f) In no event shall a permit be renewed, revised, or reissued to contain an effluent limitation which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, revised, or reissued, or to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of a water quality standard applicable to the receiving water.

(5) When a part of a discharger’s process wastewater is being disposed into an injection well, into a separately permitted treatment works, or by land application, the applicable effluent standards and limitations for the surface water discharge of the process wastewater shall be adjusted to reflect the reduced waste.

(a) If none of the waste from a particular process is discharged into surface waters and effluent limitations guidelines provide separate allocation for wastes from that process, all allocations for the process shall be eliminated from calculation of permit effluent limitations or standards.

(b) Except as provided in paragraphs 62-620.620(4)(a), (c) and (d), F.A.C., effluent limitations for subsection (5) of this rule, shall be adjusted by multiplying the effluent limitation derived by applying effluent limitation guidelines to the total waste stream by the amount of wastewater flow to be treated and discharged into surface waters, and dividing the result by the total wastewater flow. Effluent limitations and standards so calculated shall be further adjusted to make them less stringent if a variance for fundamentally different factors is granted pursuant to Rule 62-620.800, F.A.C., or to make them more or less stringent if discharges to injection wells, publicly owned treatment works, or by land application change the character or treatability of the pollutants being discharged to receiving waters. This method may be algebraically expressed as: P = (E × N)/T where P is the permit effluent limitation, E is the limitation derived by applying effluent guidelines to the total waste stream, N is the wastewater flow to be treated and discharged to surface waters, and T is the total wastewater flow.

(c) Paragraphs (5)(a) and (b) of this rule, do not apply to the extent that promulgated effluent limitations guidelines control concentrations of pollutants discharged but not mass, or specify a different specific technique for adjusting effluent limitations to account for disposal through an injection well, land application, or disposal into a separately permitted treatment works.

(d) Paragraphs (5)(a) and (b) of this rule, do not alter a discharger’s obligation to meet any more stringent requirements set forth in Rule 62-620.610 or 62-620.625, F.A.C.

(6) The permit shall, when appropriate, specify a schedule of compliance leading to compliance with Chapter 403, F.S., and Department rules.

(a) Any schedule of compliance under this section shall require compliance as soon as sound engineering practices allow, but not later than any applicable statutes or rule deadline.

(b) The first permit to a new source or a new discharger shall contain a schedule only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised after commencement of construction but less than three years before commencement of the relevant discharge. For recommencing dischargers, a schedule shall be available only when necessary to allow a reasonable opportunity to attain compliance with requirements issued or revised less than three years before recommencement of discharge.

(c) If a permit establishes a schedule which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.

(d) The time between interim dates shall not exceed one year, except that in the case of a schedule for compliance with residuals use and disposal, the time between interim dates shall not exceed six months.

(e) If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

History

• Rulemaking Authority 403.061, 403.087, 403.8055 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.087, 403.088, 403.0885, 403.141, 403.161 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 4-2-08.

Fla. Admin. Code R. 62-620.625 Additional Conditions Applicable to Specific Categories of Facilities

(1) Existing manufacturing, commercial, mining, and silvicultural wastewater facilities or activities that discharge into surface waters shall notify the Department as soon as they know or have reason to believe:

(a) That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following levels:

1. One hundred micrograms per liter,

2. Two hundred micrograms per liter for acrolein and acrylonitrile; five hundred micrograms per liter for 2, 4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; and one milligram per liter for antimony,

3. Five times the maximum concentration value reported for that pollutant in the permit application, or

4. The level established in the permit by the Department that exceeds the levels in subparagraphs (a)1., 2., and 3. of this rule. The level established in the permit shall not exceed the technology-based treatment requirements appropriate to the permittee established in Chapter 62-660, F.A.C.

(b) That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following levels:

1. Five hundred micrograms per liter,

2. One milligram per liter for antimony,

3. Ten times the maximum concentration value reported for that pollutant in the permit application, or

4. The level established in the permit by the Department that exceeds the levels in subparagraphs (b)1., 2., and 3. of this rule. The level established in the permit shall not exceed the technology-based treatment requirements appropriate to the permittee established in Chapter 62-660, F.A.C.

(2) All domestic wastewater facilities shall provide notice to the Department of the following:

(a) Any new introduction of pollutants into the facility from an industrial discharger which would be subject to chapter 403, F.S., and the requirements of this chapter if it were directly discharging those pollutants; and,

(b) Any substantial change in the volume or character of pollutants being introduced into that facility by a source which was identified in the permit application and known to be discharging at the time the permit was issued.

(3) The notice required by subsection (2), above, shall include information on the quality and quantity of effluent introduced into the facility and any anticipated impact of the change on the quantity or quality of effluent to be discharged from the facility.

(4) Reuse systems permitted under Chapter 62-610, Part III, F.A.C., also must meet the requirements of subsections (2) and (3) of this rule.

(5) Use of the parameter CBOD5 in lieu of BOD5 in effluent limitations for domestic wastewater facilities shall be in accordance with 40 C.F.R. 133.102(a)(4), unless a water quality based limitation for CBOD5 has been established for the discharge.

(6) Pursuant to section 403.0882, F.S., the Florida Legislature has determined that it is in the public interest to promote alternative water supplies and brackish water demineralization as an alternative to withdrawals of groundwater and surface water. Within subsection 62-620.625(6), F.A.C., the terms “demineralization concentrate” and “concentrate” are used synonymously.

(a) The following provisions apply to all facilities that discharge demineralization concentrate, as defined in subsection 62-620.200(11), F.A.C.:

1. During preliminary siting considerations, it is recommended that water supply utilities or entities that propose to operate demineralization facilities evaluate concentrate disposal options potentially available in the project area.

2. Discharge of demineralization concentrate shall not commence until an individual wastewater treatment facility or activity permit or permit revision authorizing the discharge has been issued by the Department in accordance with the requirements of this chapter.

3. Direct discharge of concentrate to waters shall require an individual wastewater facility permit under this chapter using DEP Application Form 2DC Permit to Discharge Demineralization Concentrate, as referenced in subsection 62-620.910(18), F.A.C.

4. Blending of concentrate with wastewater from a Department permitted wastewater facility for purposes of treatment or disposal shall require a separate permit for the concentrate discharge unless the receiving wastewater facility permit is revised in accordance with the requirements of subsection 62-620.200(25) or (50), F.A.C., to incorporate all aspects of concentrate treatment or disposal and provide reasonable assurance that the discharge will meet applicable water quality standards.

5. Demineralization concentrate and reclaimed water may be blended, provided that the requirements in Rule 62-610.865, F.A.C., Blending of Demineralization Concentrate with Reclaimed Water, are met. Requirements for permitting, monitoring, operation, and other activities associated with the concentrate, reclaimed water, and blending of demineralization concentrate with reclaimed water that impact water quality shall be in accordance with Rule 62-610.865, F.A.C. If a single municipality or utility owns and operates both the water treatment facility that generates the concentrate and the domestic wastewater facility that produces the reclaimed water, a separate discharge permit is not required for the concentrate discharge facility, in accordance with paragraph 62-610.865(7)(b), F.A.C. In this case, however, the domestic wastewater permit must be revised to incorporate all aspects of demineralization concentrate blending, in accordance with the requirements of Rule 62-610.865, F.A.C.

6. A facility that discharges demineralization concentrate to ground water solely using underground injection wells for disposal shall not be required to obtain a permit under Chapter 62-620, F.A.C. However, the facility shall obtain an Underground Injection Control (UIC) permit that will include requirements for effluent and groundwater monitoring pursuant to the requirements of Chapter 62-528, F.A.C.

7. Except for facilities that discharge concentrate solely using underground injection wells for disposal, as provided in subparagraph 62-620.625(6)(a)6., F.A.C., a facility that discharges demineralization concentrate to groundwater under this chapter shall establish a groundwater monitoring plan in accordance with the requirements of Rule 62-522.600, F.A.C. The groundwater monitoring plan shall include an evaluation of background water quality in the receiving water. Dimensions for the zone of discharge shall be in accordance with the requirements of Rules 62-522.400 and 62-522.410, F.A.C.

8. Except as provided for small water utility businesses in paragraph 62-620.625(6)(b), F.A.C., demineralization concentrate effluent discharged to surface waters shall be monitored for the following parameters: flow; dissolved oxygen; pH; hydrogen sulfide; specific conductance; total dissolved solids; color; aluminum (marine waters only); bromide; calcium; chloride; copper; fluoride; iron; magnesium; potassium; sodium; combined radium 226 and 228; gross alpha particle activity (including radium 226, but excluding radon and uranium); nitrate as nitrogen; nitrite as nitrogen; un-ionized ammonia as nitrogen; ammonia-ammonium as nitrogen; total nitrogen; total organic nitrogen; total phosphorus; and ortho-phosphate. Requirements for toxicity monitoring shall be in accordance with paragraph 62-620.625(6)(c), F.A.C.

9. Except as provided for small water utility businesses in paragraph 62-620.625(6)(b), F.A.C., demineralization concentrate effluent discharged to groundwater shall be monitored for the following parameters: flow; total dissolved solids; chloride; fluoride; sodium; nitrate as nitrogen; nitrite as nitrogen; combined radium 226 and 228; and gross alpha particle activity (including radium 226, but excluding radon and uranium).

10. Except as provided for small water utility businesses in paragraph 62-620.625(6)(b), F.A.C., demineralization concentrate facilities discharging to groundwater, other than UIC disposal, shall monitor the following parameters at groundwater monitoring wells: total dissolved solids; chloride; sodium; nitrate as nitrogen; nitrite as nitrogen; combined radium 226 and 228; and gross alpha particle activity (including radium 226, but excluding radon and uranium).

11. If the result of a gross alpha particle activity analysis in demineralization concentrate effluent, or at a groundwater monitoring well, is less than 5 Picocuries/liter, analysis for radium 226 and 228 shall not be required for that sample.

12. Except as provided for small water utility businesses in paragraph 62-620.625(6)(b), F.A.C., demineralization concentrate discharges shall be monitored at the following frequencies:

Flow, pH, and dissolved oxygen

Daily

Radioactive substances

Quarterly

Other parameters

Monthly

Groundwater monitoring wells

Quarterly

13. The Department shall increase or decrease monitoring requirements based on the initial characteristics of the source water and receiving water provided with the permit application in order to protect receiving water quality, as necessary.

14. In accordance with Section 403.061(11)(b)4., F.S., mixing zones for chronic toxicity may be permitted in Outstanding Florida Waters for demineralization concentrate discharges permitted under this section provided that the failure of any whole effluent toxicity test on concentrate discharged by the facility meets the criteria of Sections 403.0882(4)(a) and (b), F.S.

(b) The following provisions apply only to small water utility businesses:

1. Discharge of demineralization concentrate from small water utility businesses is presumed to be allowable and permittable in all waters provided that the conditions of Sections 403.0882(6)(a)1., 2., and 3., F.S. are met.

2. Small water utility businesses that discharge demineralization concentrate to groundwater, and which meet the criteria referenced in subparagraph 62-620.625(6)(b)1., F.A.C., shall not be required to have more than: one upgradient, one downgradient intermediate, and one downgradient compliance monitoring well.

3. All small water utility businesses that meet the criteria in subparagraph 62-620.625(6)(b)1., F.S., shall:

a. Meet the following effluent limitations on an annual average basis, pursuant to Section 403.0882(6)(a)1., F.S.:

Carbonaceous Biochemical Oxygen Demand, Five Day (CBOD5)

5 mg/l

Total Suspended Solids

5 mg/l

Total Nitrogen as N

3 mg/l

Total Phosphorus as P

1 mg/l

b. Monitor demineralization concentrate discharged to surface water for the following parameters, except that toxicity testing shall be conducted in accordance with paragraphs 62-620.625(6)(c) and (d), F.A.C.: concentrate discharge flow; pH; dissolved oxygen; total suspended solids; total nitrogen; total phosphorus; and carbonaceous biochemical oxygen demand.

c. Monitor demineralization concentrate discharged to groundwater, at a minimum, for the following parameters: concentrate discharge flow; total dissolved solids; sodium; total nitrogen; nitrate as nitrogen; total phosphorus; and carbonaceous biochemical oxygen demand. If the result of a total nitrogen analysis is less than 3 mg/l, analysis for nitrate shall not be required.

d. Monitor the following parameters at groundwater monitoring wells: total dissolved solids; sodium; and nitrate as nitrogen.

4. Small water utility businesses that discharge demineralization concentrate to waters, and which do not meet the presumption of permittability and allowability in subparagraph 62-620.625(6)(b)1., F.A.C., shall:

a. Monitor demineralization concentrate discharged to surface water for the following parameters: concentrate discharge flow; pH; dissolved oxygen; radioactive substances (combined radium 226 and 228); radioactive substances (gross alpha particle activity including radium 226, but excluding radon and uranium); total nitrogen; total phosphorus; carbonaceous biochemical oxygen demand; total suspended solids; and fecal coliforms, if fecal coliforms are present in the source water. Toxicity testing shall be conducted in accordance with paragraph 62-620.625(6)(c), F.A.C.;

b. Monitor demineralization concentrate discharged to groundwater for the following parameters: concentrate discharge flow; total dissolved solids; sodium; chloride; radioactive substances (combined radium 226 and 228); radioactive substances (gross alpha particle activity including radium 226, but excluding radon and uranium); total nitrogen; nitrate as nitrogen; nitrite as nitrogen; total phosphorus; and carbonaceous biochemical oxygen demand; and,

c. Monitor the following parameters at groundwater monitoring wells: total dissolved solids; chloride; sodium; nitrate as nitrogen; nitrite as nitrogen; radioactive substances (combined radium 226 and 228); and radioactive substances (gross alpha particle activity including radium 226, but excluding radon and uranium).

5. All small water utility businesses that discharge demineralization concentrate to waters shall be monitored at the following frequencies:

Flow, pH, and dissolved oxygen

Daily

Radioactive substances

Annually

Other parameters

Quarterly

Groundwater monitoring wells

Semi-annually

(c) The following provisions apply to toxicity testing at all facilities that discharge demineralization concentrate to surface waters, except as provided by paragraph 62-620.625(6)(d), F.A.C.:

The provisions of Section 403.0882(4), F.S., and paragraph 62-4.244(3)(d), F.A.C., apply to all facilities that discharge demineralization concentrate to surface waters where the failure of a whole effluent toxicity test is predominantly due to naturally occurring constituents in a source water and where ionic imbalance is demonstrated. Facilities whose failure of whole effluent toxicity testing is not due to ionic imbalance may be permitted in accordance with Department rules, including applicable moderating provisions, such as variances, exemptions, and mixing zones.

(d) The Department shall not require small water utility businesses discharging to surface waters to perform toxicity testing, except at the time of permit application, permit renewal, permit revision, or upon the failure of a toxicity test.

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0882(3), 403.0885, 403.08851, 403.8055 FS. Law Implemented 403.061, 403.087, 403.088, 403.0882, 403.0885 FS. History–New 11-29-94, Amended 2-7-06, 7-10-06.

Fla. Admin. Code R. 62-620.630 Additional Permit Conditions for Domestic Wastewater Facilities

(1) Each domestic wastewater facility permit which includes construction of new facilities, or substantial modification of existing facilities, shall contain the permit conditions listed in subsections (2) through (11) of this rule. These conditions apply to an entire treatment plant or to individual unit processes, as appropriate. If individual unit processes are to be placed into operation at different times, the documentation required in subsection (2) of this rule, shall be submitted for each unit process or combination of unit processes at the time they are placed into operation. This rule does not apply to collection and transmission systems which are permitted under Chapter 62-604, F.A.C.

(2) Except for reuse systems permitted under Part III of Chapter 62-610, F.A.C., the permittee shall submit notification of completion of construction on DEP Form 62-620.910(12), prior to placing the newly constructed or modified portion of an existing facility into operation or any individual unit processes into operation, for any purpose other than testing for leaks and equipment operation, and shall:

(a) Provide notification to the Department on DEP Form 62-620.910(12), that construction has been completed to the point where the facilities are functionally complete. The notification shall be prepared by the project design engineer or an engineer who has been retained by the permittee to provide professional engineering services during the construction phase of project completion. The engineer shall certify that the facilities have been constructed substantially in accordance with the permit and the approved preliminary design report and application materials or that any deviations will not prevent the system from functioning in compliance with the requirements of Chapter 62-600, F.A.C. The engineer shall note and explain substantial deviations from the approved preliminary design report and application materials. The notification shall be based upon onsite observation of construction, scheduled and conducted by the engineer or by a project representative under his direct supervision, for the purpose of determining that the work proceeded in compliance with the approved preliminary design report and application materials. This notification does not constitute a certification of final completion of construction. Additional construction may be needed to satisfy all conditions of the construction contract documents; and,

(b) Provide notification to the Department on DEP Form 62-620.910(13), that a draft operation and maintenance manual pursuant to Chapters 62-600 and 62-610, F.A.C., as applicable, is available at a specified location. This document shall contain instructions for the start-up, operation, and maintenance of the facilities during this initial operation period.

(3) Upon placing a facility in operation, the facility shall be operated under the supervision of an operator certified in accordance with Chapter 62-602, F.A.C. All facility operations shall provide for the minimum care and maintenance of the facility in accordance with Chapters 62-600 and 62-699, F.A.C.

(4) Reuse systems permitted under Chapter 62-610, Part III, F.A.C., shall not be placed in service for any purpose without written approval from the Department. For projects identified in the permit as being constructed in phases, written permission is only required for the first phase. Written application shall be made using the appropriate form from Rule 62-610.300, F.A.C. The following items shall be submitted in support of a request to place a part III reuse system into operation:

(a) Notification of completion pursuant to paragraph 62-620.630(2)(a), F.A.C., except that certification shall be provided on DEP Form 62-610.300(4)(a)3., instead of DEP Form 62-620.910(12);

(b) Notification that an appropriate draft operation and maintenance manual, addition to the plant operation and maintenance manual, or separate instruction booklet is available pursuant to paragraph 62-620.630(2)(b), F.A.C., except that certification shall be provided on DEP Form 62-610.300(4)(a)3., instead of DEP Form 62-620.910(13);

(c) Documentation of approval of an operating protocol pursuant to Chapter 62-610, F.A.C.; and,

(d) Documentation of acceptance of a cross-connection control program pursuant to Chapter 62-610, F.A.C.

(5) Upon placing a facility in operation, effluent data shall be submitted to the Department on a monthly basis and in accordance with Chapter 62-601, F.A.C.

(6) Upon placing a facility in operation, residuals treatment, management, and disposal shall be consistent with methods identified in the permit and other supporting documentation.

(7) Within six months after a facility is placed in operation, the permittee shall provide written certification on DEP Form 62-620.910(13), that record drawings pursuant to Chapter 62-600, F.A.C., and that an appropriate operation and maintenance manual pursuant to Chapters 62-600 and 62-610, F.A.C., as applicable, are available in a specified location.

(8) Domestic wastewater facility monitoring requirements shall be established in accordance with Chapters 62-600, 62-601, 62-610, 62-611, and 62-640, F.A.C., as applicable.

(9) Operation and maintenance requirements for domestic wastewater treatment facilities shall be established in accordance with the applicable requirements of Chapters 62-600, 62-610, 62-611, 62-640, and 62-699, F.A.C.

(10) Permits for projects regulated under Chapter 62-610, Part III, F.A.C., shall include:

(a) Designation of the general areas to be irrigated using reclaimed water.

(b) Designation of major users of reclaimed water. A major user of reclaimed water is a site, such as a golf course, that will use at least 0.1 mgd of reclaimed water.

(c) Identification of other approved uses of reclaimed water and the conditions under which such uses may be practiced, such as toilet flushing, fire protection, construction dust control, and aesthetic uses.

(11) A reuse and land application system permit shall contain limitations on flow and quality of reclaimed water to be applied and shall list appropriate monitoring requirements. Reuse and land application system permits shall also contain limitations on flow and quality of water being discharged from the reuse and land application system and shall list appropriate monitoring requirements.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 10-23-00, 12-23-04.

Fla. Admin. Code R. 62-620.700 Scope of Prt V

History

• Rulemaking Authority 403.0885, 403.08851, 403.814 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.814 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.705 Procedures for General Permits

(1) A general permit shall be issued upon adoption as a rule and shall be modified by rule revision or revoked by repeal of the rule.

(2) The procedures to obtain and use a general permit under Section 403.814, F.S., are set forth in Part III of Chapter 62-4, F.A.C.

(3) Any person complying with the requirements of a general permit may use the permit 30 days after giving notice to the Department without any agency action. When no agency action is taken, unless the Department or the applicant publishes notice of the application, the provisions of Chapter 120, F.S., granting to affected parties the right to an administrative hearing do not apply.

History

• Rulemaking Authority 403.814 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.814 FS. History–New 11-29-94, Amended 10-23-00.

Fla. Admin. Code R. 62-620.710 Procedures for All Generic Permits

(1) A generic permit shall be issued upon adoption as a rule under Chapter 62-621, F.A.C., and shall be modified by rule revision or revoked by repeal of the rule.

(2) As an alternative to individual permits, the Department may promulgate by rule a generic permit to regulate a category of wastewater facilities or activities. The Department shall issue a generic permit to regulate such a category of wastewater facilities or activities only if they all:

(a) Involve the same or substantially similar types of operations;

(b) Discharge the same types of wastes or engage in the same types of residuals or industrial sludge use or disposal practices;

(c) Require the same effluent limitations, operating conditions, or standards for residuals or industrial sludge use or disposal; and,

(d) Require the same or similar monitoring.

(3) An NPDES generic permit for a discharge regulated under this chapter pursuant to Section 403.0885, F.S., shall be forwarded to the EPA for review and approval before adoption. The EPA shall have 90 days from the date of receipt to comment upon, make recommendations with respect to the proposed generic permit, concur or to object to the adoption of the generic permit. If EPA objects, the Department shall revise the proposed generic permit as requested or shall withdraw the proposed generic permit.

(4) Persons wishing to use a generic permit shall notify the Department on forms adopted by the Department or in writing as specified in the generic permit, and submit the appropriate fee set forth in Rule 62-4.050, F.A.C. They shall describe the proposed project, and include supporting documents depicting the proposed project, its location, and other pertinent information required by the generic permit to demonstrate that they qualify for the requested permit. Notice to the Department of the proposed use shall be filed with the appropriate district office of the Department, or as specified in the generic permit or Chapter 62-621, F.A.C. Persons wishing to use a generic permit are hereby placed on notice that projects undertaken without proof of notice to the Department shall be considered as being undertaken without a permit and shall be subject to enforcement pursuant to Section 403.161, F.S.

(5) A proposed project which may be reasonably expected to violate water quality standards or which will not meet the public interest requirements set forth in Section 403.088(2)(b), F.S., shall not be entitled to use of a generic permit.

(6) The Department shall determine whether to require any person using or proposing to use a generic permit to apply for and obtain an individual permit in accordance with 40 C.F.R. 122.28(b)(3).

(7) Suspension, revocation and reissuance, and termination of the use of a generic permit shall be in accordance with Chapter 120, F.S., and Rule 62-620.345, F.A.C.

(8) Unless otherwise required as part of a specific category of generic permit, persons qualifying for the use of a generic permit are not required to, but may, publish in a newspaper of generic circulation in the area affected by the proposed project a public notice. The public notice, if published, shall follow substantially the format in subsection 62-620.550(1), F.A.C., and shall be published within 14 days of the date when the Department receives notification pursuant to subsection (4) of this rule. No person who has published notice shall begin the project until after the 21 days for requesting a hearing has passed or a hearing is held and a decision is rendered.

History

• Rulemaking Authority 403.087, 403.0885, 403.814 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.814 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04.

Fla. Admin. Code R. 62-620.715 Conditions for All General and Generic Permits

History

• Rulemaking Authority 403.087, 403.0885, 403.814 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.814 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 12-23-04, Repealed 2-16-12.

Fla. Admin. Code R. 62-620.800 Variances for Discharges Regulated Pursuant to Section 403.0885, F.S

(1) Variances under Section 301(h) of the CWA from the requirements of Section 301(b)(1)(B) of the CWA shall be in accordance with the requirements of 40 C.F.R. Part 125, subpart G.

(2) Variances under Section 302(b)(2) of the CWA from the requirements of Section 302(a) of the CWA for achieving water quality based effluent limitations.

(3) Variances based on the presence of fundamentally different factors from those on which the effluent limitations guideline was based shall be in accordance with 40 C.F.R. Part 125, subpart D.

(4) Variances from the BAT requirements of Section 301(b)(2)(F) of the CWA for non-conventional pollutants pursuant to Section 301(c) of the CWA because of the economic capability of the permittee, or pursuant to Section 301(g) of the CWA.

(5) Variances extending compliance dates for facilities installing innovative technology under Section 301(k) of the CWA shall be in accordance with 40 C.F.R. Part 125, subpart C.

(6) Variances under Section 302(b)(2) of the CWA from requirements of Section 302(a) of the CWA for achieving water quality related effluent limitations.

(7) Variances under Section 316(a) of the CWA for thermal components of any discharges shall be in accordance with 40 C.F.R. Part 125, subpart H. Applicants may request the special procedures for decisions on thermal variance in accordance with 40 C.F.R. Section 124.66.

(8) Other variance procedures and moderating provisions under Chapter 403, F.S., and Department rules are available to applicants for a wastewater facility or activity permit such as those set forth in Chapters 62-4, 62-110, 62-302 and 62-660, F.A.C.

(9) The Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., contains additional information on the variances listed above.

History

• Rulemaking Authority 403.061(31), 403.8055 FS. Law Implemented 403.051, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00.

Fla. Admin. Code R. 62-620.810 Variance Requests

History

• Rulemaking Authority 403.061(31), 403.0885, 403.08851, 403.8055 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.820 Variance Procedures

History

• Rulemaking Authority 403.061(31), 403.0885, 403.08851, 403.8055 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.900 General

History

• Rulemaking Authority 120.53(1), 403.061 FS. Law Implemented 120.53(1), 120.55, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Repealed 12-24-96.

Fla. Admin. Code R. 62-620.910 Forms and Instructions

The forms and instructions used by the Department for the wastewater facilities or activities permitting and compliance program are listed in this part. Copies of the forms and instructions may be obtained at the Department District Offices. The Department adopts and incorporates by reference in this section the following forms and instructions:

(1) Wastewater Facility or Activity Permit Application Form 1, General Information, effective July 10, 2006, Revised July 30, 2010.

(2) Application Form 2A, Permit for Domestic Wastewater Treatment and Reuse or Disposal Facility, effective June 1, 2001.

(3) Wastewater Application Form 2B, Permit to Discharge Wastewater From Concentrated Animal Feeding Operations and Aquatic Animal Production Facilities, effective December 8, 2003.

(4) Wastewater Application Form 2CG, Permit to Discharge Process Wastewater from New or Existing Industrial Wastewater Facilities to Ground Water, effective November 29, 1994.

(5) Wastewater Application Form 2CS, Permit to Discharge Process Wastewater from New or Existing Industrial Wastewater Facilities to Surface Water, effective November 29, 1994.

(6) Wastewater Application Form 2EG, Permit to Discharge Non-Process Wastewater to Ground Water, effective November 29, 1994.

(7) Wastewater Application Form 2ES, Permit to Discharge Non-Process Wastewater to Surface Water, effective November 29, 1994.

(8) Application Form 2F, Permit to Discharge Stormwater Associated with Industrial Activity, effective October 23, 2000.

(9) Application for Minor Revision to a Wastewater Facility or Activity Permit, effective October 23, 2000.

(10) Discharge Monitoring Report (DMR), effective November 29, 1994.

(11) Application for Transfer of a Wastewater Facility or Activity Permit, effective October 23, 2000.

(12) Notification of Completion of Construction for Wastewater Facilities or Activities, effective October 23, 2000.

(13) Notification of Availability of Record Drawings and Final Operation and Maintenance Manuals, effective October 23, 2000.

(14) Wastewater Application Form 2CR, Permit to Operate a Non-Discharging/Closed Loop Recycle System, effective November 29, 1994.

(15) Reclaimed Water or Effluent Analysis Report, effective July 1, 1991.

(16) Request for Approval of Monitoring Plans for Discharge of Domestic Wastewater to Wetlands, effective August 15, 1986.

(17) No Exposure Certification for Exclusion from NPDES Stormwater Permitting, effective June 1, 2001.

(18) Application Form 2DC, Permit to Discharge Demineralization Concentrate, effective July 10, 2006.

History

• Rulemaking Authority 403.061, 403.8055 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS. History–New 11-29-94, Amended 12-24-96, 10-23-00, 6-1-01, 12-8-03, 7-10-06.

Chapter 62-621 GENERIC PERMITS

Fla. Admin. Code R. 62-621.100 Scope/Applicability

This chapter sets forth the procedures to obtain National Pollutant Discharge Elimination System (NPDES) and Non-NPDES generic permits authorized under Chapter 403, Florida Statutes (F.S.), and Chapter 62-620, Florida Administrative Code (F.A.C.) For the purpose of this chapter “NPDES Generic Permit” means a type of general permit issued under the authority of Section 403.0885, F.S., (general permit under 40 C.F.R. 122.28) and “Non-NPDES Generic Permit” means a type of general permit issued under the authority of Section 403.087, F.S. As an alternative to individual permits, the Department may promulgate by rule a generic permit to regulate a category of wastewater facilities or activities. The Department shall issue a generic permit to regulate such a category of wastewater facilities or activities only if they all involve the same or substantially similar types of operations; discharge the same types of wastes or engage in the same types of residuals or industrial sludge use or disposal practices; require the same effluent limitations, operating conditions, or standards for residuals or industrial sludge use or disposal; require the same or similar monitoring; and the NPDES generic permit is approved by the EPA pursuant to subsection 62-620.710(3), F.A.C.

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851, 403.814 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. History–New 8-22-95, Amended 12-24-96, 5-1-97, 10-22-00, 5-22-03, 12-23-04.

Fla. Admin. Code R. 62-621.101 Procedural Requirements

Generic permits issued under this chapter are subject to the procedural requirements of subsections 62-110.106(6), 62-620.510(1)-(5) and (8), and Rule 62-620.710, F.A.C., unless otherwise specified in the generic permit, Chapter 62-620 or 62-621, F.A.C.

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. History–New 12-23-04.

Fla. Admin. Code R. 62-621.200 Definitions

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. History–New 8-22-95, Repealed 12-24-96.

Fla. Admin. Code R. 62-621.250 General Conditions

Unless stated otherwise in this chapter, all permits listed in this chapter are subject to the conditions in subsections 62-620.610(1)-(5), (7), (9)-(10), (13)-(15), (17)-(18), and (20)-(23), F.A.C. Additionally, the following conditions apply:

(1) When requested by the Department, the permittee shall provide any information required by law which is needed to determine whether there is cause for revising, revoking and reissuing, or terminating coverage under this permit, or to determine compliance with the permit. The permittee shall also provide to the Department upon request copies of records required by this permit to be kept. If the permittee becomes aware of relevant facts that were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be submitted or corrections reported to the Department within 10 days of discovery.

(2) Unless specifically stated otherwise in Department rules, the permittee, in accepting this permit coverage, agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules.

(3) The use of generic permits issued under this chapter is limited to a term not to exceed five years. The renewal of permit coverage shall be in accordance with Rule 62-620.335, F.A.C., unless otherwise specified in the generic permit. The application requirements for submittal of request for coverage are located in Rule 62-621.300, F.A.C., or each specific generic permit.

(4) Coverage under this generic permit may be suspended, revoked and reissued, or terminated in accordance with Rule 62-620.345, F.A.C., if the Secretary determines that there has been a violation of any of the terms or conditions of the permit, there has been a violation of state water quality standards or the permittee has submitted false, incomplete or inaccurate data or information.

(5) In accordance with paragraphs 62-620.100(3)(bb) and 62-620.100(3)(cc), F.A.C., NPDES regulated entities must electronically report NPDES data to the Department. Paragraph 62-620.100(3)(bb) F.A.C., contains requirements for electronic reporting of NPDES information from NPDES-regulated entities, (including waivers). Paragraph 62-620.100(3)(cc) F.A.C., contains the information NPDES-regulated entities must electronically report and the minimum set of NPDES data that must be entered in or transferred to EPA’s national NPDES data system.

(a) Permittees required to submit Discharge Monitoring Reports (DMRs) at the intervals specified in subsection 62-621.300(1), F.A.C., Generic Permit for Discharges From Petroleum Contaminated Sites, shall submit their DMRs electronically using the Department’s Business Portal at http://www.fldepportal.com/go/.

(b) Permittees required to submit DMRs at the intervals specified in subsection 62-621.300(5), F.A.C., Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity, shall submit their DMRS electronically using the Department’s Business Portal at http://www.fldepportal.com/go/.

(6) The Department adopts and incorporates by reference the following sections of Title 40 of the Code of Federal Regulations (CFR) revised as of July 1, 2019, 40 CFR 122.21(c)(2)(ii)(B), 122.21(f)(3)-(4), 122.21(j)(1)(ii), 122.21(j)(1)(v), 122.21(j)(9), 122.21(q)(1), (2), and (8), 122.21(q)(9)(iii)(D) and (E), 122.21(q)(9)(iv)(A), 122.21(q)(10)(ii)(A), 122.21(q)(10)(iii)(K)(1), 122.21(q)(11)(ii)(A), 122.21(q)(12)(i), and 122.21(q)(13). The reference material may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-18063.

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885 FS. History–New 8-22-95, Amended 5-1-97, 2-14-00, 10-22-00, 12-23-04, 11-16-17, 5-7-25.

Fla. Admin. Code R. 62-621.260 Best Management Practices (BMP) Plan

When a BMP plan is required by a generic permit listed in this chapter, the permittee shall prepare the plan in accordance with the following procedures:

(1) The permittee shall maintain the BMP plan at the facility and shall make the plan available to the Department upon request.

(2) The permittee shall develop and implement a BMP plan which prevents, or minimizes the potential for, the release of pollutants from ancillary activities, including:

(a) Material storage areas;

(b) Plant site runoff;

(c) In-plant transfer, process and material handling areas;

(d) Loading and unloading operations; and,

(e) Sludge and waste disposal areas, to the surface waters of the state through plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. The term “pollutants” refers to any substance listed as toxic under Section 307(a)(1) of the Clean Water Act (Act); oil, as defined in Section 311(a)(1) of the Act; and substances listed as hazardous under Section 311 of the Act.

(3) The publication “Guidance Manual for Developing Best Management Practices (BMP),” document number EPA 833-B-93-004, can be used as a reference which contains technical information on BMPs and the elements of the BMP program. Copies of this publication can be obtained by submitting written requests to: Department of Environmental Protection, Bureau of Water Facilities Regulation, Industrial Wastewater Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or Director, Water Management Division, U.S. EPA Region IV, 61 Forsyth Street, Atlanta, Georgia 30303.

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. History–New 12-23-04.

Fla. Admin. Code R. 62-621.300 Permits

(1) NPDES Generic Permit for Discharges From Petroleum Contaminated Sites.

(a) DEP Form 62-621.300(1)(a) “NPDES Generic Permit for Discharges From Petroleum Contaminated Sites,” (9/30/2018), is hereby adopted and incorporated by reference. This form may be obtained by contacting the appropriate District Office, by contacting the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, by telephoning (850)245-8336, online at https://floridadep.gov/water/industrial-wastewater/content/industrial-wastewater-forms-list, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-09842.

(b) DEP Form 62-621.300(1)(b), “Notice of Intent to Use the NPDES Generic Permit for Discharges From Petroleum Contaminated Sites” effective May 7, 2025, is hereby adopted and incorporated by reference. This form may be obtained by contacting the appropriate District Office, by contacting the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, by telephoning (850)245-8336, online at https://floridadep.gov/water/industrial-wastewater/content/industrial-wastewater-forms-list, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-18056.

(c) Applicability and Coverage.

1. Coverage under the Generic Permit is limited to the discharge of treated groundwater and stormwater that has been contaminated with automotive gasoline, aviation gasoline, jet fuel or diesel fuel to surface waters of the State pursuant to the Department’s federally-approved NPDES program, provided all criteria specified in the Generic Permit are met. Applicants seeking coverage under the Generic Permit shall submit a completed request for coverage as specified in DEP Form 62-621.300(1)(b) to the appropriate District Office. Discharges from pump tests to characterize the aquifer that last for eight hours or less are covered under this Generic Permit without the need to submit a request for coverage to the Department.

2. This Generic Permit does not relieve the permittee of the responsibility of obtaining any other federal, state, or local government permit.

(d) Requests for Coverage.

1. Coverage under this Generic Permit is available for discharges of treated groundwater and stormwater that has been contaminated with automotive gasoline, aviation gasoline, jet fuel or diesel fuel to surface waters of the State, provided all criteria specified in this Generic Permit are met. Applicants seeking coverage under this permit shall submit a complete request for coverage as specified in DEP Form 62-621.300(1)(b). The permittee shall meet the effluent limitations and requirements specified in this Generic Permit.

2. A request for coverage must be submitted to the appropriate District Office at least 30 days prior to the commencement of the surface water discharge. Coverage under this Generic Permit shall not be effective until the applicant receives written notification from the Department.

3. Coverage for discharges authorized under this Generic Permit is limited to a term not to exceed five years from the effective date of coverage.

4. Renewal of coverage under this Generic Permit shall be submitted to the Department by completing DEP Form 62-621.300(1)(b) at least 30 days before expiration of current coverage.

5. The annual fee for a facility that discharges more than 30 days shall be $2850.00 per year in accordance with rule 62-4.052, F.A.C. There is no annual fee for sites authorized to discharge for less than 30 days.

6. A permittee with current coverage under the Generic Permit for Discharges from Petroleum Contaminated Sites prior to Month, Day, Year, shall continue to meet the requirements of that permit.

(e) DEP Form 62-621.300(1)(e), “Notice of Termination NPDES Generic Permit for Discharges From Petroleum Contaminated Sites,” effective May 7, 2025, is hereby adopted and incorporated by reference. This form may be obtained by contacting the appropriate District Office, by contacting the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, by telephoning (850)245-8336, online at https://floridadep.gov/water/industrial-wastewater/content/industrial-wastewater-forms-list or from http://www.flrules.org/Gateway/reference.asp?No=Ref-18057.

(f) To terminate coverage under this Generic Permit the permittee shall submit DEP Form 62-621.300(1)(e) to the appropriate District Office within 30 days after completion of the discharge activity or upon expiration of coverage, whichever occurs first. Discharges from pump tests to characterize the aquifer that last for eight hours or less covered under this permit are not required to submit a notice of termination to the Department.

(2) Generic Permit for Discharge of Ground Water from Dewatering Operations.

(a) The document “Generic Permit for Discharge of Ground Water from Dewatering Operations,” document number 62-621.300(2)(a), issued by the Department and effective February 10, 2015, is hereby adopted and incorporated by reference. This document may be obtained by contacting either the local Department District Office, by writing to the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, from the Department’s website or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04262.

(b) Form 62-621.300(2)(b), Notice of Intent to Use the Generic Permit for Discharge of Ground Water from Dewatering Operations, (NOI), effective May 7, 2025, is hereby adopted and incorporated by reference. This form may be obtained by either contacting the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website or from http://www.flrules.org/Gateway/reference.asp?No=Ref-18058.

(c) Applicability and Coverage.

1. Coverage under this generic permit is available for discharge of ground water from dewatering operations to surface waters of the State, provided all criteria specified in this generic permit are met. Applicants seeking coverage under this permit shall submit a Notice of Intent to Use the Generic Permit for Discharge of Ground Water from Dewatering Operations, DEP Form 62-621.300(2)(b) as specified in that form. The permittee shall meet the effluent limitations and requirements specified in this generic permit.

2. This generic permit authorizes the discharge of ground water from dewatering operations through a point source to surface waters of the State under the State’s Federally-approved NPDES program only and does not relieve the permittee of the responsibility of obtaining any other federal, state, or local government permit.

3. For the purposes of this section, ‘dewatering operations’ means temporarily lowering the water table by draining or pumping of ground water from activities such as excavations, building foundations, vaults, trenches and aquifer performance tests for exploratory purposes.

4. Beginning (February 10, 2015) dewatering operations as defined herein seeking coverage under the NPDES Generic Permit for Stormwater Discharges from Large and Small Construction Activities under subsection 62-621.300(4), F.A.C, are not required to obtain separate coverage under this permit.

5. Coverage under this generic permit shall not be effective until the applicant receives written notification from the Department.

(d) Discharges of ground water from dewatering operations are limited to a term not to exceed five years from the effective date of coverage.

(e) Requests for Coverage.

1. Requests for coverage under this generic permit shall be submitted at least 14 days prior to the planned commencement of discharge, to the industrial wastewater program at the local DEP office. The submission shall include the following: Completed Notice of Intent to Use Generic Permit for Discharge of Ground Water from Dewatering Operations, DEP Form 62-621.300(2)(b) and applicable fee as indicated in the form. Prior to the submittal of the NOI, the applicant shall develop best management practices consistent with part IV of this generic permit (DEP Document 62-621.300(2)(a)), which shall be implemented upon commencement of discharge.

2. The permittee may request renewal of coverage under this generic permit by submitting DEP Form 62-621.300(2)(b) and applicable fee as indicated in the form at least 14 days before expiration of current coverage.

3. Request for transfer of ownership under this generic permit shall be submitted to the industrial wastewater program at the local DEP office using DEP Form 62-620.910(11) and a $50.00 processing fee pursuant to Rule 62-4.050, F.A.C.

4. There is no annual fee for sites authorized to discharge under this generic permit pursuant to Rule 62-4.052, F.A.C.

5. Existing dewatering operations with current coverage under the Generic Permit for Discharge of Produced Ground Water From any Non-Contaminated Site Activity effective February 14, 2000, shall continue to meet the requirements of that permit unless the permittee elects to submit a complete DEP Form 62-621.300(2)(b), to convert to coverage under this generic permit.

(f) To terminate coverage under this generic permit the permittee shall submit DEP Form 62-621.300(2)(f). Notice of Termination Generic Permit for Discharge of Ground Water from Dewatering Operations effective May 7, 2025, which is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-18059.

(3) Generic Permit for Discharges from Concrete Batch Plants.

(a) The document “Generic Permit for Discharges from Concrete Batch Plants,” document number 62-621.300(3)(a), issued by the Department and dated March 10, 1997, is hereby incorporated by reference and made part of this chapter. This document may be obtained by contacting either the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website.

(b) Form number 62-621.300(3)(b), Notice of Intent to Use Generic Permit for Discharges from Concrete Batch Plants, effective May 7, 2025, is hereby incorporated by reference and made part of this chapter. This form may be obtained by contacting either the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-18060.

(c) Document number 62-621.300(3)(a) referenced in paragraph (a), of this rule, contains specific design and operating requirements for discharges from wastewater and stormwater management systems at concrete batch plants.

(4) Generic Permit for Stormwater Discharge from Large and Small Construction Activities.

(a) The document “Generic Permit for Stormwater Discharge from Large and Small Construction Activities,” document number 62-621.300(4)(a), issued by the Department and effective February 10, 2015, is hereby adopted and incorporated by reference. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website at http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04265. The manual entitled State of Florida Erosion and Sediment Control Designer and Reviewer Manual, FDOT, FDEP (2013) is hereby adopted and incorporated by reference. Copies of this manual are available from the Department of Environmental Protection, NPDES Stormwater Program, MS #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, online at http://stormwater.ucf.edu/publications/RevisedDesignerManual.pdf or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04227.

(b) Form number 62-621.300(4)(b), Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, effective February 10, 2015, is hereby adopted and incorporated by reference. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website at http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04266.

(5) Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity.

(a) The Department hereby adopts and incorporates by reference Federal Register, Volume 60, Number 189, pages 50804-51319, published on September 29, 1995; Federal Register, Volume 61, Number 28, pages 5248-5254, published on February 9, 1996; Federal Register, Volume 61, Number 34, page 6412, published on February 20, 1996; Federal Register, Volume 63, Number 152, pages 42534-42548, published on August 7, 1998; Federal Register, Volume 63, Number 189, pages 52430-52577, published on September 30, 1998; and, Federal Register, Volume 64, Number 11, pages 2898-2900, published on January 19, 1999, which shall hereinafter be referred to as the “Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity.” When used in the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity, the following shall mean:

1. EPA shall mean the Department of Environmental Protection.

2. Regional Administrator, Director, or State Director, shall mean the Secretary of the Department of Environmental Protection or the Secretary’s designee where appropriate.

(b) Form number 62-621.300(5)(b), Notice of Intent to Use Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity, effective October 22, 2000, is hereby incorporated by reference and made part of this chapter. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website.

(c) Facilities or activities seeking coverage under this generic permit shall apply to the Department on the form referenced in paragraph 62-621.300(5)(b), F.A.C., and in accordance with the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity, and shall include the appropriate processing fee as required by Rule 62-4.050, F.A.C.

(d) Form number 62-621.300(5)(b), Notice of Intent to Use Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity shall be submitted either by mail to: Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; or electronically using the Department’s Interactive Notice of Intent (iNOI) at http://www.dep.state.fl.us/water/stormwater/npdes. All other certifications, reports, or any other information required to be submitted under the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity, excluding discharge monitoring reports, shall be submitted to Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #2510, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(e) Discharge monitoring reports (DMRs) required to be submitted under the Multi-Sector Generic Permit for Stormwater Discharge Associated with Industrial Activity shall be sent to Department of Environmental Protection, NPDES Stormwater MSGP DMR, Mail Station #2511, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(f) The effective date of coverage under this generic permit shall be two (2) days after a complete Notice of Intent is submitted to the Department in accordance with paragraph 62-621.300(5)(c), F.A.C.

(g) Coverage under this generic permit is limited to a term not to exceed five years from the effective date of coverage. Permittees may request continued coverage under this generic permit in accordance with the requirements of paragraph 62-621.300(5)(c), F.A.C. Request for continued coverage shall be made at least two (2) days before expiration of the current coverage.

(6) Form number 62-621.300(6), National Pollutant Discharge Elimination System (NPDES) Stormwater Notice of Termination effective February 10, 2015, is hereby incorporated by reference and made a part of this chapter. Facilities or activities seeking to terminate coverage under the generic permits in subsections 62-621.300(4) and (5), F.A.C., as well as the conditional exclusion for “no exposure” of industrial activities and materials to stormwater provided in paragraph 62-620.100(2)(o), F.A.C., shall file a National Pollutant Discharge Elimination System (NPDES) Stormwater Notice of Termination with the Department. This form may be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website at http://www.dep.state.fl.us/water/stormwater/npdes/permits_forms.htm or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04267.

(7) Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems.

(a) “Two-Step Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems” Form 62-621.300(7)(a), (http://www.flrules.org/Gateway/reference.asp?No=Ref-12373) effective February 16, 2021, is hereby adopted and incorporated by reference. This form may also be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(b) “Notice of Intent to Use Two-Step Generic Permit for Discharge of Stormwater from Phase II MS4 Municipal Separate Storm Sewer Systems” Form 62-621.300(7)(b), (http://www.flrules.org/Gateway/reference.asp?No=Ref-12374) effective February 16, 2021, is hereby adopted and incorporated by reference. This form may also be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(c) References. Title 40, Code of Federal Regulations (C.F.R.), Part 122, Subpart B – Permit Application and Special NPDES Program Requirements. The Department adopts and incorporates by reference the following subparts of 40 C.F.R. Part 122, Subpart B, codified as of July 1, 2017, which are applicable to permitting regulated Phase II municipal separate storm sewer systems (MS4) under the Department’s National Pollutant Discharge Elimination System program:

1. 40 C.F.R. 122.28(d) (except for the reference to 40 C.F.R. 124.13 in 122.28(d)(2)(ii)), (http://www.flrules.org/Gateway/reference.asp?No=Ref-09086), which establishes the two general permit approaches for regulated Phase II municipal separate storm sewer systems.1

2. 40 C.F.R. 122.33, (http://www.flrules.org/Gateway/reference.asp?No=Ref-09087), which establishes requirements for obtaining permit coverage for regulated Phase II municipal separate storm sewer systems.

3. 40 C.F.R. 122.34, (http://www.flrules.org/Gateway/reference.asp?No=Ref-09088), containing permit requirements for regulated Phase II municipal separate storm sewer systems.

4. 40 C.F.R. 122.35, (http://www.flrules.org/Gateway/reference.asp?No=Ref-09089), which establishes requirements for when the operator of a regulated Phase II may share responsibility to implement the minimum control measures with other entities.

(d) “Annual Report Form for Phase II MS4 Generic Permit,” Form 62-621.300(7)(d), effective February 16, 2021, (http://www.flrules.org/Gateway/reference.asp?No=Ref-12375) is hereby adopted and incorporated by reference. This form may also be obtained by writing the Department of Environmental Protection, NPDES Stormwater Notices Center, Mail Station #3585, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(8) Generic Permit for Pollutant Discharges to Surface Waters of the State from the Application of Pesticides.

(a) Coverage under this Generic Permit is available for discharges of pollutants resulting from the application of pesticides (biological pesticides and chemical pesticides which leave a residue) to surface waters of the state from the following use patterns:

1. Mosquito and Other Flying Insect Pest Control – to control public health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water. Public health/nuisance and other flying insect pests in this use category include mosquitoes, midges and biting flies,

2. Aquatic Weed and Algae Control – to control invasive or other nuisance weeds and algae in or on water and at water’s edge, including irrigation ditches and/or irrigation canals,

3. Aquatic Nuisance Animal Control – to control invasive or other nuisance animals in or on water and at water’s edge. Aquatic nuisance animals in this use category include invasive vertebrates and invertebrates; and,

4. Forest Canopy or Other Area Wide Pest Control – aerial or ground application of a pesticide over or into a forest canopy or other vegetation to control the population of a pest species (e.g., insect or pathogen) where to target the pests effectively a portion of the pesticide unavoidably will be applied over and deposited to water.

(b) The table below describes the operators that are required to submit a Notice of Intent (NOI) to the Department for coverage under this permit for a specific use pattern.

Use Patterns

Operators Required to Submit NOIs

Mosquito and Other Flying Insect Pest Control

Mosquito Control Programs or Districts organized under the authority of Chapter 388, F.S., and Florida Department of Agriculture and Consumer Services

Aquatic Weed and Algae Control

Florida Fish and Wildlife Conservation Commission, South Florida Water Management District, Southwest Florida Water Management District, and St. Johns River Water Management District as created in section 373.069, F.S., U.S. Army Corp of Engineers, U.S. Forest Service, U.S. National Park Service, and U.S. Fish and Wildlife Service

Aquatic Nuisance Animal Control

Florida Fish and Wildlife Conservation Commission, South Florida Water Management District, Southwest Florida Water Management District, and St. Johns River Water Management District as created in section 373.069, F.S., U.S. Army Corp of Engineers, U.S. Forest Service, U.S. National Park Service, and U.S. Fish and Wildlife Service

Forest Canopy or Other Area Wide Pest Control

Florida Department of Agriculture and Consumer Services, U.S. Army Corp of Engineers, U.S. Department of Agriculture, U.S. Forest Service, U.S. National Park Service, and U.S. Fish and Wildlife Service

(c) This permit also authorizes operators other than those listed in the table above to discharge pollutants resulting from the application of pesticides to surface waters of the state without the need to submit an NOI pursuant to 40 C.F.R. 122.28(b)(2)(v), July 1, 2010, which is hereby adopted and incorporated by reference and made part of this rule. This document may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-00127.

(d) The permit application and surveillance fee for operators required to submit an NOI for coverage under the Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides is $500. The application fee must be submitted to the Department along with the NOI.

(e) The document “Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides,” document number 62-621.300(8)(e), issued by the Department and effective April 14, 2011, whichever is later), is hereby adopted and incorporated by reference and made part of this rule. This document may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-00243.

(f) Form 62-621.300(8)(f), Notice of Intent (NOI) to Use the Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides, effective May 7, 2025, is hereby adopted and incorporated by reference and made part of this rule. This form may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-18061.

(g) Form 62-621.300 (8)(g), Notice of Termination (NOT) of Coverage Under the Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides, effective May 7, 2025, is hereby adopted and incorporated by reference and made part of this rule. This form may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-18062.

(9) National Pollutant Discharge Elimination System (NPDES) Generic Permits Associated with the Control of Harmful Algal Blooms.

(a) Applicability and Coverage for “National Pollutant Discharge Elimination System Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms” and “National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges of Pollutants Associated with the Control of Harmful Algal Blooms.”

1. Coverage under these generic permits are limited to the discharge of pollutants associated with the control of harmful algal blooms to Class III or Class III-Limited surface waters of the state provided all of the criteria specified in the generic permit are met.

2. The following activities are not eligible for coverage under these generic permits:

a. An activity in, on, or over wetlands (as defined in section 373.019(27), F.S.) or surface waters designated as an Outstanding Florida Water in Rule 62-302.700, F.A.C., or an Aquatic Preserves established by Part II of Chapter 258, F.S.;

b. An activity that reduces the viability of the benthic community, including seagrass and hard bottom communities; or

c. An activity that alters the benthic topography and requires authorization under Part IV of Chapter 373 and Chapter 253, F.S.

3. This generic permit does not relieve the permittee of the responsibility of obtaining any other federal, state, or local government permit.

4. No activity authorized under this permit shall be likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. Direct effects are the immediate effects on listed species and critical habitat caused by the permitted activity. Indirect effects are those effects on listed species and critical habitat that are caused by the permitted activity and are later in time, but still are reasonably certain to occur.

5. Authorization of an activity by this permit does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the U.S. Fish and Wildlife Service (FWS) or the National Marine Fisheries Service, the ESA prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

6. This permit does not authorize the permittee to cause any adverse impact to, or “take,” any state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the “take” of fish and wildlife is the responsibility of the owner or permittee associated with this project. Please refer to Chapter 68A-27, F.A.C., for definitions of “take,” and a list of fish and wildlife species. If state listed species are observed onsite, Florida Fish and Wildlife Conservation Commission (FWC) staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected, and a “take” permit cannot be issued. Requests for further information or review can be sent to ConservationPlanningServices@MyFWC.com.

7. A discharge to surface waters shall not be located within 500 feet of existing or approved (but not yet constructed) surface water intake structure for a drinking water source.

8. The management area shall be restricted to one Water Body Identification (WBID) area. WBIDs can be identified here: https://ca.dep.state.fl.us/mapdirect/?map=99f37fba1fbc45fabdf673d595d2510a.

(b) National Pollutant Discharge Elimination System Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms.

1. “National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms,” DEP Form 62-621.300(9)(b)1., effective [12-12-24], http://www.flrules.org/Gateway/reference.asp?No=Ref-17243, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

2. “Notice of Intent to Use the National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms,” DEP Form 62-621.300(9)(b)2., effective [12-12-24], http://www.flrules.org/Gateway/reference.asp?No=Ref-17244, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

3. Applicability and Request for Coverage

a. The management area shall be restricted to one cumulative acre, or less, within one WBID area.

b. Applicants seeking coverage under this generic permit shall submit a complete request for coverage as specified in DEP Form 62-621.300(9)(b)2. (adopted and incorporated by reference in subparagraph 62-621.300(9)(b)2., F.A.C., effective [12-12-24]). The permit application for this generic permit is $100.

c. A request for coverage must be submitted to the Department’s Wastewater Management Program at least 45 days prior to the commencement of the surface water discharge.

d. Coverage under this generic permit shall not be effective until the applicant receives written notification from the Department.

e. Coverage for discharges authorized under this Generic Permit is limited to a term not to exceed one years from the effective date of coverage.

(c) National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges of Pollutants Associated with the Control of Harmful Algal Blooms.

1. “National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges of Pollutants Associated with the Control of Harmful Algal Blooms.” DEP Form 62-621.300(9)(c)1., effective [12-12-24], http://www.flrules.org/Gateway/reference.asp?No=Ref-17245, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

2. “Notice of Intent to Use the National Pollutant Discharge Elimination System (NPDES) Generic Permit for Discharges of Pollutants Associated with the Control of Harmful Algal Blooms,” DEP Form 62-621.300(9)(c)2., effective [12-12-24], http://www.flrules.org/Gateway/reference.asp?No=Ref-17246, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

3. Applicability and Request for coverage

a. An applicant for coverage under this generic permit must have previously held one of the following:

(I) An individual industrial wastewater NPDES permit issued by the Department for the control of harmful algal blooms prior to the adoption of the generic permit. The applicant must have implemented the proposed mechanical, biological, or chemical treatment process to control a harmful algal bloom as authorized under the individual wastewater NPDES permit. The applicant must have submitted to the Department the results of three consecutive monitoring events demonstrating compliance with the individual NPDES permit. The treatment process permitted in the individual NPDES permit shall be equivalent to the proposed treatment when applying for this generic permit. The monitoring requirements permitted in the individual NPDES permit shall be equivalent to, or more stringent than, the monitoring requirements in this generic permit.

(II) An applicable pilot testing generic permit as detailed in paragraph 62-621.300(9)(b), F.A.C. The applicant must have implemented the mechanical, biological, or chemical treatment process to control a harmful algal bloom as authorized under the generic permit. The applicant must have submitted to the Department the results of three consecutive monitoring events demonstrating compliance with the NPDES Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms. The proposed treatment process shall be equivalent to the process used in the previously obtained NPDES Generic Permit for Discharges of Pollutants Associated with Pilot Testing for the Control of Harmful Algal Blooms.

b. Applicants seeking coverage under this generic permit shall submit a complete request for coverage as specified in DEP Form 62-621.300(9)(c)2. (adopted and incorporated by reference in paragraph 62-621.300(9)(c)2., F.A.C., effective [12-12-24]). The permit application fee for this generic permit is $500.

c. A request for coverage must be submitted to the appropriate District Office at least 30 days prior to the commencement of the surface water discharge.

d. Coverage under this generic permit shall not be effective until the applicant receives written notification from the Department.

e. Coverage for discharges authorized under this Generic Permit is limited to a term not to exceed five years from the effective date of coverage.

f. Renewal of coverage under this Generic Permit shall be submitted to the Department by completing DEP Form 62-621.300(9)(c)2. (adopted and incorporated by reference in paragraph 62-621.300(9)(c)2., F.A.C., effective [12-12-24]), at least 30 days before expiration of current coverage.

(d) “Notice of Termination of Generic National Pollutant Discharge Elimination System (NPDES) Permit Associated with the Control of Harmful Algal Blooms,” DEP Form 62-621.300(9)(d), effective [12-12-24], http://www.flrules.org/Gateway/reference.asp?No=Ref-17247, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(e) To terminate coverage under the generic permits listed in subsection 62-621.300(9), F.A.C., the permittee shall submit DEP Form 62-621.300(9)(d) (adopted and incorporated by reference in paragraph 62-621.300(9)(d), F.A.C., effective [12-12-24]) to the Department’s Wastewater Management Program within 30 days after completion of the discharge activity or upon expiration of coverage, whichever occurs first.

1Public notice, public comments and request for public hearing shall follow the applicable procedures of Rules 62-620.550(2) through (4) and 62-620.555, F.A.C.

History

• Rulemaking Authority 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. Law Implemented 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. History–New 12-24-96, Amended 5-1-97, 2-14-00, 10-22-00, 5-1-03, 12-23-04, 4-20-05, 5-10-05, 2-17-09, 4-14-11, 2-10-15, 1-26-18, 9-20-18, 2-16-21, 12-9-24, 5-7-25.

Fla. Admin. Code R. 62-621.301 Generic Permit for Discharges From Petroleum Contaminated Sites

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. History–New 8-22-95, Repealed 12-24-96.

Fla. Admin. Code R. 62-621.302 Generic Permit for Discharges of Procuced Ground Water From Any Non-Contaminated Site Activity

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. History–New 8-22-95, Repealed 12-24-96.

Fla. Admin. Code R. 62-621.303 Toxicity Testing Requirements

When specifically required by the NPDES generic permit, the toxicity standards and procedures set forth in Rules 62-4.246, 62-302.200 and subsections 62-4.241(1), 62-302.500(1)(a)4. and 62-620.620(3)(h) and (j), F.A.C., shall apply.

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. History–New 12-23-04.

Fla. Admin. Code R. 62-621.500 Permits

(1) Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds.

(a) The document “Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds,” document number 62-621.500(1)(a), issued by the Department and dated 09-06-2012, is hereby incorporated by reference and made part of this chapter. This document may be obtained by contacting either the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website or from http://www.flrules.org/Gateway/reference.asp?No=Ref-01549.

(b) Form number 62-621.500(1)(b), Notice of Intent to Use the Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds, effective 9-6-2012, is hereby incorporated by reference and made part of this chapter. This form may be obtained by contacting either the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website or from http://www.flrules.org/Gateway/reference.asp?No=Ref-01550.

(c) Definitions.

1. “Existing fresh citrus fruit packinghouse” or “existing facility” means a packinghouse which was in operation, under construction or under expansion on or before (effective date of this revised rule).

2. “Expanded fresh citrus fruit packinghouse” means a facility that increases the quantity of discharge flow.

3. “New fresh citrus fruit packinghouse” or “new facility” means a fresh citrus fruit packinghouse that begins construction after (effective date of this revised rule).

(d) Applicability and Coverage.

1. This generic permit authorizes:

a. Construction and operation of new or expanded fresh citrus fruit packinghouses under Section 403.814, F.S., that use percolation ponds to dispose wash water to ground water; and,

b. Operation of existing fresh citrus fruit packinghouses under Section 403.814, F.S., that use percolation ponds to dispose wash water to ground water.

2. This generic permit does not authorize:

a. Construction and operation of storm water management facilities under Part IV of Chapter 373, F.S.,

b. Discharge of domestic wastewater,

c. Discharge of vehicle or mobile equipment wash water, or

d. Discharge of pollutants to waters of the United States under the National Pollutant Discharge Elimination System or surface waters of the state.

3. Existing facilities with current individual industrial wastewater permits or coverage under the generic permit adopted May 10, 2005, may submit DEP Form 62-621.500(1)(b), F.A.C., with parts I, II, III and VI completed to convert directly to coverage under this generic permit, provided that,

a. The facility has no unresolved consent orders or notices of violation related to wastewater activities; and,

b. The facility certifies in DEP Form 62-621.500(1)(b), F.A.C., that it does not propose to expand its discharge flow as defined in subparagraph 62-621.500(1)(c)2., F.A.C.

4. Coverage under this generic permit is available provided all criteria specified in the permit are met.

5. Coverage under this generic permit shall be effective upon written notification by the Department.

6. Coverage under this generic permit is limited to a term not to exceed five years from the effective date of coverage.

7. Fresh Citrus Fruit Packinghouses that do not qualify for coverage or do not choose to be covered under this generic permit shall:

a. Apply for an individual wastewater permit in compliance with Chapter 62-620, F.A.C., or

b. Obtain an exemption from permitting pursuant to Rule 62-4.040, F.A.C.

8. This generic permit does not relieve the permittee of the responsibility for obtaining any other permits required by the Department or any federal, state, or local agency.

9. This generic permit does not apply to citrus juice plants.

10. This generic permit does not apply to fresh citrus fruit packinghouses that use sprayfield type land application wash water disposal systems, or other types of land application wash water disposal systems not otherwise complying with the requirements of this rule.

(e) Exemptions. Fresh Citrus Fruit Packinghouses generating less than 5,000 gallons of wash water per day during the operating season are exempt from the requirement to obtain a Department industrial wastewater permit if all of the following requirements are met:

1. The facility can document the volume of wash water generated.

2. Wash water is not discharged to surface waters or to ground waters through wells or sinkholes that allow direct contact with Class G-I, F-1 or G-II ground waters as defined in Chapter 62-520, F.A.C.,

3. The disposal of the facility’s wash water does not cause or contribute to a violation of surface water and/or ground water quality standards; and,

4. Best Management Practices (BMPs) are implemented to minimize overflows and runoff from the land application site, and ensure proper pond maintenance.

(f) Requests for Coverage. Request for coverage under this generic permit shall be submitted to the appropriate district office of the Department. New or expanded facilities shall submit requests for coverage at least 30 days prior to planned commencement of construction. Facilities seeking conversion from individual permits and facilities seeking continued coverage shall submit requests at least 30 days prior to expiration of current permit coverage. All requests for coverage shall include the following:

1. Completed Notice of Intent to Use the Generic Permit for Discharges From Fresh Citrus Fruit Packinghouses to Percolation Ponds, DEP Form 62-621.500(1)(b),

2. Applicable generic permit fee pursuant to Rule 62-4.050, F.A.C., and Section 403.087, F.S., as specified in Form 62-621.500(1)(b), Notice of Intent to Use the Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds.

(2) Generic Permits for Domestic Wastewater Facilities. These generic permits authorize operation of wastewater facilities under the provisions of Section 403.814, F.S., and applicable rules of the Florida Administrative Code and do not relieve the permittee of the responsibility for obtaining any other permits required by the Department or any federal, state, or local agency.

(a) Generic Permit for Domestic Wastewater Facilities that Discharge to Slow-Rate/Restricted Access Land Application Systems.

1. The document “Generic Permit for Domestic Wastewater Facilities that Discharge to Slow-Rate/Restricted Access Land Application Systems,” DEP Document 62-621.500(2)(a), issued by the Department and dated 2-7-06, is hereby incorporated by reference and made part of this chapter. This document may be obtained by contacting either the local Department District Office, contacting the delegated local program, or from the Department’s website.

2. Only domestic wastewater treatment facilities with permitted capacities less than 100,000 gallons per day and discharging solely through a Part II Slow-Rate/Restricted Access Land Application System meeting the requirements of Chapter 62-610, F.A.C., are eligible for this generic permit. Such facilities shall meet the storage requirements of Rule 62-610.414, F.A.C.

3. Only domestic wastewater treatment facilities that hold a valid domestic wastewater permit from the Department are eligible for this generic permit upon renewal.

4. New facilities and facilities applying for any substantial revision as defined in Rule 62-620.200, F.A.C., are not eligible for this generic permit.

5. Facilities that are subject to pretreatment program requirements under Chapter 62-625, F.A.C., are not eligible for this generic permit.

6. Facilities that have compliance problems are not eligible for this generic permit. For purposes of this rule, compliance problems means the facility is operating under a permit with an associated administrative order; the facility has an active consent order; the facility has enforcement actions pending against it by the Department; or the facility is not meeting the Capacity Analysis Report requirements in Rule 62-600.405, F.A.C.

7. Facilities that are required to provide high level disinfection as established in Rule 62-600.440, F.A.C., are not eligible for this generic permit.

8. Only facilities that transport biosolids, also known as domestic wastewater residuals, to a Biosolids Management Facility (BMF) or to another facility for treatment or disposal and/or landfill biosolids are eligible for this generic permit.

9. Facilities that accept biosolids or septage from another facility are not eligible for this generic permit.

(b) Generic Permit for Domestic Wastewater Facilities that Discharge to Rapid-Rate Infiltration Basin and Absorption Field Systems.

1. The document “Generic Permit for Domestic Wastewater Facilities that Discharge to Rapid-Rate Infiltration Basin and Absorption Field Systems,” DEP Document 62-621.500(2)(b), issued by the Department and dated 2-7-06, is hereby incorporated by reference and made part of this chapter. This document may be obtained by either contacting the local Department District Office, contacting the delegated local program, or from the Department’s website.

2. Only existing domestic wastewater treatment facilities with permitted capacities less than 100,000 gallons per day and discharging solely through a Part IV Rapid Rate Infiltration Basin or Absorption Field System meeting the requirements of Chapter 62-610, F.A.C., are eligible for this generic permit.

3. Grandfathered rapid-rate land application projects (projects originally permitted before April 5, 1989, which have not been subsequently modified or expanded after April 5, 1989) are eligible for this generic permit.

4. The following types of rapid rate land application projects which are permitted as new, modified, or expanded facilities after April 5, 1989 under Part IV of Chapter 62-610, F.A.C., are not eligible for this generic permit:

a. Projects permitted under Rule 62-610.525, F.A.C.,

b. Projects located over Class F-I, G-I, or G-II ground waters in aquifers used for public water supply, which are unconfined and have highly permeable soil types such that rapid movement of reclaimed water into the aquifer will occur,

c. Projects located over Class F-I, G-I, or G-II ground waters in aquifers used for public water supply, which are located in karst areas having solution features or fractures such that rapid movement of reclaimed water into the aquifer will occur,

d. Projects designed for continuous loading to a single rapid infiltration basin, percolation pond, cell, or absorption field. This also includes projects having multiple rapid infiltration basins, percolation ponds, cells, or portions of absorption fields, which are continuously loaded or are never allowed to dry or are unable to dry,

e. Projects having rapid infiltration basins, percolation ponds, cells, or absorption field application distribution systems which are excavated into the receiving ground water, or

f. Projects involving average annual loading rates greater than 9 inches per day.

5. The eligibility requirements of subparagraphs 62-621.500(2)(a)3. through 9., F.A.C., are applicable to facilities using the Generic Permit for Domestic Wastewater Facilities that Discharge to Rapid-Rate Infiltration Basin and Absorption Field Systems.

(c) Requests for Use.

1. DEP Form 62-621.500(2)(c), Notice of Intent to Use Generic Permit for Domestic Wastewater Facilities Under paragraph 62-621.500(2)(a) or (b), F.A.C., effective 2-7-06, is hereby incorporated by reference and made part of this chapter. This form may be obtained by contacting either the local Department District Office, contacting the delegated local program, or from the Department’s website.

2. Request for use of this generic permit shall be submitted to the appropriate office of the Department or delegated local program. Requests shall include the completed Notice of Intent to Use Generic Permit for Domestic Wastewater Facilities, DEP Form 62-621.500(2)(c); and the applicable generic permit fee pursuant to Rule 62-4.050, F.A.C.

3. Use of the generic permits under subsection 62-621.500(2), F.A.C., shall be effective upon receipt of written notification by the Department.

4. Use of the generic permit under subsection 62-621.500(2), F.A.C., is limited to a term not to exceed five years from the effective date.

5. The permittee may request continued coverage under this generic permit in accordance with the requirements contained in paragraph 62-621.500(2)(c), F.A.C., above. Request for continued coverage under this generic permit shall be made at least 180 days before expiration of current coverage.

6. Request for transfer of ownership under this generic permit shall be submitted to the appropriate office of the Department or delegated local program using DEP Form 62-620.910(11) and the appropriate processing fee pursuant to Chapter 62-4.050, F.A.C.

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.814 FS. Law Implemented 403.061, 403.087, 403.0877, 403.088, 403.814 FS. History–New 5-10-05, Amended 2-7-06, 9-6-12.

Fla. Admin. Code R. 62-621.700 Best Management Practices (BMP) Plan

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. History–New 8-22-95, Amended 7-1-97, 2-14-00, Repealed 12-23-04.

Fla. Admin. Code R. 62-621.800 Toxicity Testing Requirements

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. History–New 8-22-95, Repealed 12-23-04.

Fla. Admin. Code R. 62-621.105 Applicability

History

• Rulemaking Authority 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. History–New 8-22-95, Repealed 12-24-96.

Chapter 62-624 MUNICIPAL SEPARATE STORM SEWER SYSTEMS

Fla. Admin. Code R. 62-624.100 Policy and Purpose

This rule provides the requirements for processing Municipal Separate Storm Sewer Systems (MS4) permits, as authorized under Section 403.0885, F.S. This rule also provides general requirements and procedures for the issuance, denial, revision, suspension, and revocation of MS4 permits. The requirements of this part are in addition to and not in lieu of the requirements specified in Chapters 62-25, 62-330 and 62-341, F.A.C., or the requirements of Part IV, Chapter 373, F.S. Regulatory program and surveillance fees for individual MS4 permits are as provided in Rule 62-4.052, F.A.C. Applicants seeking coverage under the Department’s Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems (MS4s), as incorporated by paragraph 62-621.300(7)(a), F.A.C., in lieu of an individual MS4 permit, must file an application fee as set out in Rule 62-4.050, F.A.C.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History–New 10-22-00, Amended 5-1-03.

Fla. Admin. Code R. 62-624.200 Definitions

(1) Co-permittee means a permittee to a NPDES permit that is only responsible for permit conditions relating to the municipal separate storm sewer that it operates.

(2) Illicit discharge means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except discharges pursuant to an NPDES permit and the following categories of non-stormwater discharges provided they do not cause a violation of water quality standards:

(a) Water line flushing;

(b) Landscape irrigation;

(c) Diverted stream flows;

(d) Rising ground waters;

(e) Uncontaminated ground water infiltration (as defined at 40 C.F.R. 35.2005(20));

(f) Uncontaminated pumped ground water;

(g) Discharges from potable water sources;

(h) Foundation drains;

(i) Air conditioning condensate;

(j) Irrigation water;

(k) Springs;

(l) Water from crawl space pumps;

(m) Footing drains;

(n) Lawn watering runoff;

(o) Water from individual residential car washing;

(p) Flows from riparian habitats and wetlands;

(q) Dechlorinated swimming pool discharges;

(r) Residual street wash water; and,

(s) Discharges or flows from fire fighting activities.

(3) Incorporated place means a city, town, township, or village that is incorporated under the laws of Florida.

(4) Large municipal separate storm sewer system means all municipal separate storm sewers that are either:

(a) Located in an incorporated place or county with a population of 250,000 or more as determined by the 1990 Decennial Census conducted by the federal Bureau of Census, or

(b) Owned or operated by a municipality other than those described in paragraph (4)(a), of this rule, and that are designated by the Department as part of the large municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under paragraph (4)(a), of this rule. In making this determination the Department shall consider the following factors:

1. Physical interconnections between the municipal separate storm sewers,

2. The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in paragraph (4)(a), of this rule,

3. The quantity and nature of pollutants discharged to waters of the state; and,

4. The nature of the receiving waters.

(5) Major municipal separate storm sewer outfall means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive stormwater from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more).

(6) Major outfall means a major municipal separate storm sewer outfall.

(7) Medium municipal separate storm sewer system means all municipal separate storm sewers that are either:

(a) Located in an incorporated place or county with a population of 100,000 or more but less than 250,000, as determined by the 1990 Decennial Census conducted by the federal Bureau of Census, or

(b) Owned or operated by a municipality other than those described in paragraph (7)(a), of this rule, and that are designated by the Department as part of the medium municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under paragraph (7)(a), of this rule. In making this determination the Department shall consider the following factors:

1. Physical interconnections between the municipal separate storm sewers,

2. The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in paragraph (7)(a), of this rule,

3. The quantity and nature of pollutants discharged to waters of the state; and,

4. The nature of the receiving waters.

(8) Municipal separate storm sewer or MS4 means a conveyance or system of conveyances like roads with stormwater systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels, or storm drains:

(a) Owned or operated by a State, city, town, county, special district, association, or other public body (created by or pursuant to State Law) having jurisdiction over management and discharge of stormwater and which discharges to surface waters of the state;

(b) Designed or used for collecting or conveying stormwater;

(c) Which is not a combined sewer; and,

(d) Which is not part of a Publicly Owned Treatment Works (POTW). POTW means any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature which is owned by a “State” or “municipality.” This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

(9) Outfall means a point source at the location where a municipal separate storm sewer discharges to water of the state and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the state and are used to convey waters of the state. Point source is defined as any discernible, confined, and discrete conveyance, such as any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, or landfill leachate collection system from which pollutants are or may be discharged.

(10) Phase I MS4 means a municipal separate storm sewer system identified under Section 402(p)(2) of the Clean Water Act and subject to regulation under Section 402(p)(3)(B) of the Clean Water Act as implemented as part of the Department’s federally approved National Pollutant Discharge Elimination System (NPDES) stormwater program pursuant to Section 403.0885, F.S., and this chapter.

(11) Phase II MS4 means a municipal separate storm sewer system subject to regulation under Section 402(p)(6) of the Clean Water Act, as implemented as part of the Department’s federally approved National Pollutant Discharge Elimination System (NPDES) stormwater program pursuant to Section 403.0885, F.S., this chapter, and paragraph 62-621.300(7)(a), F.A.C., which incorporates by reference the Department’s Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems, and includes MS4 facilities owned or operated by the United States and MS4 facilities operated by the Florida Department of Transportation (FDOT) that are not covered by an existing Phase I MS4 permit.

(12) Stormwater means stormwater runoff, surface runoff and drainage.

(13) Regulated Phase II MS4 means all separate storm sewers that serve a minimum resident population of at least 1,000 individuals and are:

(a) Not defined as “large” or “medium” municipal separate storm sewer systems pursuant to subsections 62-624.200(4) and 62-624.200(7), F.A.C., of this chapter, or otherwise designated as a large or medium MS4; and,

(b) Meet applicable criteria, or are otherwise designated by the Department, pursuant to Rule 62-624.800, F.A.C., and those Phase II MS4s in Florida identified by the U.S. Environmental Protection Agency (EPA) as located wholly or partially within an urbanized area and as published December 8, 1999 in the Federal Register, Volume 64, Number 235, at pages 68813 and 68814.

(c) The term does not include separate storm sewers in very discrete areas, such as individual buildings and does not include systems within tribal lands over which jurisdiction has been retained by the U. S. Environmental Protection Agency (EPA).

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History–New 10-22-00, Amended 5-1-03.

Fla. Admin. Code R. 62-624.300 General Provisions

(1) Any operator of a Phase I or regulated Phase II MS4 must be covered by a permit under this chapter. Operators of MS4s such as municipalities, Chapter 298, F.S., special districts, drainage districts, or Districts of the Florida Department of Transportation, that were named as permittees or co-permittees as a result of previous designation by the Regional Administrator of the United States Environmental Protection Agency must be covered by a permit under this chapter. Any operator of a Phase I MS4, or designated permittee or co-permittee, having been issued an MS4 permit by EPA, must file for re-application with the Department in accordance with the procedures under this chapter.

(2) Individual MS4 permits issued under this chapter are subject to the procedural requirements of Rules 62-620.302 (Confidentiality), 62-620.305 (Signatory Requirements), and 62-620.350 (Recordkeeping), F.A.C.

(3) For purposes of enforcement, compliance with an MS4 permit constitutes compliance with the applicable provisions of Chapter 403, F.S. For purposes of enforcement, compliance with a permit issued under this chapter pursuant to the authority of Section 403.0885, F.S., constitutes compliance with Sections 301, 302, 306, 307, 318, 402 and 403 of the Clean Water Act.

(4) A permit may be revoked, suspended, or terminated in accordance with Rule 62-620.345, F.A.C. A permit may be revised in accordance with Rule 62-620.325, F.A.C. A permit may be renewed in accordance with Rule 62-624.420, F.A.C., of this chapter.

(5) No Department issued MS4 permit shall be issued for a term of more than 5 years.

(6) An annual fee is required for individual MS4 permits as provided in Rule 62-4.052, F.A.C. An application fee must be filed by applicants utilizing the Department’s generic permit (see paragraph 62-621.300(7)(a), F.A.C.) as provided in Rule 62-4.050, F.A.C.

(7) To the extent that this chapter imposes duties for the construction, operation, maintenance, or monitoring of a stormwater management system, for reporting system operations, or for securing permits from the Department, responsibility lies with the permittee and the owner of the stormwater management system. Nevertheless, Section 403.141, F.S., creates joint and several liability for those responsible for violations.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History–New 10-22-00, Amended 5-1-03.

Fla. Admin. Code R. 62-624.310 General Conditions, Individual Permits

All individual MS4 permits shall be subject to the general conditions set forth in Rule 62-620.610, F.A.C., except for conditions in subsections (7), (12), (16), (17), (22), and (23).

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History–New 10-22-00, Amended 5-1-03.

Fla. Admin. Code R. 62-624.400 Application Procedures for New Individual MS4 Permits

Applicants for new individual MS4 permits shall follow the procedures as described in 40 C.F.R. 122.26.

History

• Rulemaking Authority 403.061, 403.087, 403.0877 FS. Law Implemented 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. History–New 10-22-00, Amended 5-1-03.

Fla. Admin. Code R. 62-624.420 Re-application Procedures for Individual MS4 Permits

(1) MS4 permits shall be effective for a fixed term not to exceed five years. If the permittee wishes to continue an activity regulated by an MS4 permit after the expiration date of the permit, the permittee must apply for and obtain a new permit. Permittees are encouraged to consult with the Department before the re-application process begins so that a mutually acceptable municipal stormwater program is developed prior to re-application.

(2) An MS4 permittee may re-apply for permit coverage concurrently with a timely filing of the fourth year annual report. A fourth year annual report used as the principle component for re-application must clearly state that the report is being used for re-application purposes, and must clearly describe proposed revisions to the permittee’s activities required under the existing permit.

(3) As an alternative, permittees may re-apply for a MS4 permit by submitting an application 180 days prior to the expiration of the permit. The application shall include a proposed stormwater management program and monitoring program in accordance with this section and Rule 62-624.440, F.A.C.

(4) A re-application filed in accordance with subsections (2) and (3), of this rule, shall be considered timely and sufficient. When an application for renewal of a permit is timely and sufficient, the existing permit shall not expire until the Department has taken final action on the application for renewal or until the last day for seeking judicial review of the agency order or a later date fixed by order of the reviewing court.

(5) Late re-application shall be considered timely and sufficient for the purpose of extending the effectiveness of the expiring permit only if it is submitted and made complete before the expiration date.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History–New 10-22-00, Amended 5-1-03.

Fla. Admin. Code R. 62-624.440 Contents of Re-application for Individual MS4 Permits

(1) The Department is committed to allowing flexible re-application requirements that are specific to the needs of the individual MS4 program. However, certain fundamental information is required for all re-applications as follows:

(a) Name and mailing address of the permittee that operates the MS4, and if applicable, the names and addresses of the co-permittees that operate an MS4;

(b) Names and titles of the primary administrative and technical contacts for the municipal permittee and all co-permittee(s);

(c) Identification number of the existing MS4 permit;

(d) A listing of changes in co-applicants since issuance of initial MS4 permit;

(e) Identification of any previously unidentified water bodies that receive discharges from the MS4;

(f) A summary of any known water quality impacts on the newly identified receiving waters from the MS4 discharge; and,

(g) A summary of known or estimated reductions in stormwater pollutant loads discharged from the MS4 resulting from implementation of the stormwater management plan during the term of the most recent permit.

(2) Stormwater Management Program. The stormwater management program (SWMP) is a fundamental element of the MS4 program. Required components of the SWMP are listed in 40 C.F.R. 122.26(d)(2)(iv). Components of the previously permitted SWMP that are found to be effective shall be continued and made an ongoing part of the proposed SWMP. Components to be evaluated for effectiveness for continued emphasis shall include:

(a) Public education programs, particularly programs that provide training on the proper design, construction, operation, maintenance, and inspection of stormwater management systems. Another educational focus shall be pollution prevention such as proper disposal of waste oil, household hazardous waste, and pesticide application;

(b) Increasing the effectiveness or maintaining effective programs to reduce erosion and sedimentation from construction activities;

(c) Increasing the effectiveness or maintaining effective programs to reduce pollution and other adverse ecological effects from stormwater discharges associated with new development or re-development activities;

(d) Retrofitting the existing MS4 to reduce pollutants as set forth in a local SWMP;

(e) Increasing the effectiveness or maintaining effective inspections of stormwater management and treatment systems to assure they are properly operated and maintained;

(f) Coordination and participation with adjacent MS4s, the Department, Water Management Districts, or other groups in monitoring the effects of stormwater discharges or the effectiveness of stormwater management programs;

(g) Coordinating and participating with the Department, Water Management Districts, or other groups that are developing a watershed approach to reduce the adverse effects of stormwater discharges;

(h) Detecting and eliminating non-stormwater discharges to the MS4; and,

(i) Inspecting priority high-risk industrial stormwater dischargers to the MS4 to assure that they have implemented pollution prevention plans that minimize the discharge of pollutants to the MS4.

(3) The accumulated annual report information as outlined in Rule 62-624.600, F.A.C., shall be evaluated by the applicant, and to the extent practical, be summarized and incorporated into the re-application package.

(4) Re-application is an appropriate time for MS4s to evaluate their monitoring program and propose changes to make the program more appropriate and useful.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History–New 10-22-00, Amended 5-1-03.

Fla. Admin. Code R. 62-624.460 Application Processing, Individual Permits

Permit applications or re-applications, for individual permits, shall be processed in accordance with the following:

(1) Within 90 days after receipt of an application for permit, the Department shall notify the applicant if the application is not complete and shall request submittal of the additional information needed to review the application.

(2) Within 90 days after receipt of such additional information, the Department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by, or directly related to, such additional information.

(3) If the Department decides that a site visit is necessary in conjunction with processing the application, the applicant shall be notified and a visit scheduled.

(4) If the applicant fails to provide information requested or to correct deficiencies noted in the application, which were either requested or notified in accordance with subsection (1), of this rule, and the information or correction is necessary to meet the requirements of this chapter, the permit shall be denied. Discharge from a MS4 without a valid permit is cause for appropriate enforcement action.

(5) When an application is complete, the Department shall determine whether to prepare a draft permit for issuance or denial of a permit. The initial preparation of a draft permit for issuance does not preclude the Department from denying a permit or modifying the draft permit after an opportunity for public comment or public meeting, if requested.

(6) The Department shall render a decision as to whether the draft permit will be for issuance or denial within 90 days after the Department has received all of the information necessary to make the application complete. If this time schedule is not met, the permit applicant may apply for an order from the circuit court requiring the Department to render a decision within a specified time.

(7) If the Department intends to deny the permit application, it shall issue a notice of intent to deny. Public notice under subsection 62-620.550(2), F.A.C., shall not be required. However, the Department shall prepare a statement of basis or fact sheet with the reasons for the proposed action. If the decision to deny is changed, except through an administrative hearing under Section 120.57, F.S., the Department shall withdraw the notice of intent to deny and shall proceed to prepare a draft permit. If the applicant requests an administrative hearing under Section 120.57, F.S., on the Department’s intent to deny, the applicant shall publish notice of proposed agency action under subsections 62-620.550(1) and 62-110.106(7), F.A.C. Upon completion of the administrative hearing, the Department shall issue or deny the permit in accordance with the conclusions of the proceedings, provided the applicant has published notice as required in subsections 62-620.550(1) and 62-110.106(7), F.A.C. If the hearing results in a recommendation for approval of the permit, and if the applicant has not published notice as required in these rules, the Department shall proceed to prepare a draft permit.

(8) The Department shall notify the applicant that the application is complete after receipt of all required information. The date on which the Department notifies the applicant that the application is complete is the effective date of the application.

(9) If the Department intends to prepare a draft permit for issuance, it shall prepare and mail to the applicant, not later than the effective date of the application, a project decision schedule. The schedule shall specify, at a minimum, target dates for the following:

(a) Preparation of a draft permit;

(b) Public notice, if required, under subsections 62-620.550(2) through (4), F.A.C.;

(c) Completion of the public comment period, including any public meeting, if held;

(d) Issuance of a final permit or submittal of a proposed permit to EPA;

(e) Public notice, if required, under subsection 62-110.106(7), F.A.C.; and,

(f) Completion of any formal proceedings which may be associated with the application.

(10) A draft permit for issuance shall contain the following information:

(a) All conditions the applicant must meet;

(b) All applicable compliance schedules; and,

(c) All monitoring requirements.

(11) For all draft permits, the Department shall prepare a statement of basis or a fact sheet on which the Department relied in making its decision. The statement of basis or fact sheet shall be prepared in accordance with the Department of Environmental Protection Guide to Permitting Wastewater Facilities or Activities under Chapter 62-620, F.A.C.

(12) Comments from the public under subsections 62-620.550(2) through (4), F.A.C., shall be considered in evaluation of the draft permit. If a permit is issued, the Department shall prepare a response to the significant comments in accordance with Rule 62-620.555, F.A.C.

(13) The administrative record of the draft permit shall be available for public inspection at the Department office issuing the permit and shall consist of:

(a) The application and any supporting data provided by the applicant;

(b) The draft permit;

(c) The statement of basis or fact sheet;

(d) All documents cited in the statement of basis or fact sheet; and,

(e) Other documents contained in the supporting file.

(14) Material readily available at the Department office issuing the permit or published material that is generally available and included in the administrative record need not be physically included with the rest of the record as long as it is specifically referenced in the statement of basis or the fact sheet.

(15) The Department shall prepare a proposed permit after the close of the public comment period under subsections 62-620.550(2) through (4), F.A.C., or, if requested, after any public meeting under Rule 62-620.555, F.A.C.;

(16) Except as waived by EPA in a Memorandum of Agreement with the Department, for discharges regulated under this chapter pursuant to Section 403.0885, F.S., the Department shall submit the proposed permit to the EPA for its concurrence in the Department decision. Upon receipt of the EPA concurrence, the Department shall prepare and send to the applicant for publication the public notice required under subsection 62-620.550(1), F.A.C., advising the applicant and all affected persons of their right to an administrative hearing.

(17) Permits shall be issued or denied as follows:

(a) For an MS4 regulated under this chapter, the Department shall grant a permit or deny the permit application within 90 days after the Department has received notice from the EPA as to whether the EPA concurs with the proposed permit;

(b) The time for issuing a permit or denying a permit application shall be tolled by the timely filing of a request for an administrative hearing under Section 120.57, F.S. The time shall be tolled until 45 days after the submission of a recommended order or until the administrative petition is dismissed or withdrawn, or

(c) If these time schedules are not met, the permit applicant may apply for an order from the circuit court requiring the Department to render a decision within a specified time.

(d) If EPA objects to issuance of the permit in accordance with 40 C.F.R. 123.44 and in writing within 90 days of submittal to EPA, and the Department fails to submit to EPA a revised permit satisfying the objections in accordance with the following timeframe, exclusive authority to issue the permit passes to EPA. The Department shall have 90 days from receipt of the EPA objections, or 30 days from the date of a public hearing on the objections, to submit a revised permit to EPA. The Department shall advise the applicant of the EPA objections.

History

• Rulemaking Authority 403.061, 403.087, 403.815 FS. Law Implemented 403.061, 403.087, 403.0876, 403.088, 403.0885, 403.815 FS. History–New 10-22-00, Amended 5-1-03.

Fla. Admin. Code R. 62-624.500 Standards for Issuing or Denying Individual Permits

(1) The Department shall use the provisions of 40 C.F.R. 122.26, revised as of July 1, 2000, hereby incorporated by reference, for implementation of the program. Where there are conflicts with general or specific requirements of 40 C.F.R. 122.26, the requirements and procedures set forth in this chapter shall supersede all other procedures and requirements for MS4 facilities.

(2) The Department shall issue an MS4 permit only if the applicant affirmatively provides the Department with reasonable assurance that the stormwater management program will achieve a reduction of the discharge of pollutants from the MS4 to the Maximum Extent Practicable in accordance with 40 C.F.R. 122.26.

(3) The permittee shall at all times properly operate and maintain the facility and systems of treatment and control, and related appurtenances, that are installed and used by the permittee to achieve compliance with the conditions of the permit.

History

• Rulemaking Authority 403.061, 403.087, 403.815 FS. Law Implemented 403.061, 403.087, 403.0876, 403.088, 403.0885, 403.815 FS. History–New 10-22-00, Amended 5-1-03.

Fla. Admin. Code R. 62-624.600 Monitoring and Annual Reports for Individual Permits

(1) Each permittee shall submit an Annual Report to the Department for each year of coverage under the permit term. The first year Annual Report must cover the twelve month period beginning on the effective date of the permit and is due six months after the first anniversary of the date of permit issuance. The Annual Report is due each subsequent year to the Department six months after the anniversary of the effective date of the permit.

(2) Annual Reports must be submitted by each permittee on DEP form 62-624.600(2), issued by the Department and effective 1-28-04, adopted herein by reference.

(a) The first year Annual Report shall contain an inventory of all known major outfalls covered by the permit and a map depicting the location of major outfalls. Additionally, newly identified major outfalls shall be reported in each subsequent Annual Report; and,

(b) The third year Annual Report shall include estimates of seasonal pollutant loadings and event mean concentrations (EMC) for each major outfall or each major watershed covered by the permit.

(c) Each Annual Report shall include a summary providing an assessment of water quality trends based on data gathered as a result of the monitoring program as required in each permit.

History

• Rulemaking Authority 403.061, 403.087, 403.815 FS. Law Implemented 403.061, 403.087, 403.0876, 403.088, 403.0885, 403.815 FS. History–New 10-22-00, Amended 5-1-03, 1-28-04.

Fla. Admin. Code R. 62-624.800 Regulated Phase II MS4s

(1) A Phase II MS4 is regulated under this chapter if it is a Phase II MS4 as defined in Rule 62-624.200, F.A.C.; and,

(a) Located in an urbanized area as determined by the latest Decennial Census by the U. S. Bureau of the Census. (If the Phase II MS4 is not located entirely within an urbanized area, only the portion that is within the urbanized area is regulated), or

(b) It is designated by the Department, subsequent to the Department applying its designation criteria, as required by 40 C.F.R. 123.35(b), whether initiated by the Department or as a result of a petition filed by a party seeking designation of the MS4 as a regulated Phase II MS4.

(2) The Department shall designate a Phase II MS4 as a regulated Phase II MS4 under the following circumstances:

(a) Discharges from the MS4 are determined to be a significant contributor of pollutants to surface waters of the State. Discharges shall be deemed a significant contributor of pollutants to surface waters of the State when a total maximum daily load has been adopted by the Department for a water body or segment into which the Phase II MS4 discharges the pollutant(s) of concern.

(b) The Phase II MS4 lies outside of the urbanized area and serves a jurisdiction with a population density of at least 1,000 people per square mile and a population of at least 10,000; and,

1. The MS4 discharges into Class I or Class II waters, as defined in Rule 62-302, F.A.C., or waters designated as Outstanding Florida Waters, or

2. The Phase II MS4 contributes to the pollutant loadings of a physically interconnected MS4 regulated under the Department’s NPDES stormwater program as set forth in 40 C.F.R. 123.35(b)(4).

(3) A Phase II MS4 may be the subject of a petition to the Department to require an NPDES permit for the discharge of stormwater, even if the designation population thresholds described in paragraph 62-624.800(2)(b), F.A.C., are not exceeded. In evaluating such a petition, the Department will use the criteria outlined in subparagraphs 62-624.800(2)(b)1.-2., F.A.C. If the Department determines that a permit is needed, the entity responsible for the MS4 must comply with the application procedures of this chapter.

(4) A petition seeking the designation of a Phase II MS4 shall be filed as set forth in Rules 28-106.201 and 62-110.106, F.A.C., and applicable provisions of Chapter 120, F.S.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History–New 5-1-03, Amended 1-28-04.

Fla. Admin. Code R. 62-624.810 Permit Application Procedures for Phase II MS4s

(1) The entity responsible for the operation of a regulated Phase II MS4, under Rule 62-624.800, F.A.C., must seek coverage:

(a) Under paragraph 62-621.300(7)(a), F.A.C., which incorporates the Department’s Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems, by filing a Notice of Intent to Utilize the Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems as incorporated by reference by paragraph 62-621.300(7)(b), F.A.C. The NOI must include a summary description of the best management practices and measurable goals as set forth in the Phase II MS4 GP, or

(b) Under an individual Phase II permit following the Phase I application procedures of Rule 62-624.400, F.A.C., and fee schedule as set forth in Rule 62-4.052, F.A.C., or

(c) As a co-permittee under an existing MS4 permit as set out in subsection 62-624.810(2), F.A.C.

(2) If the Phase II MS4 is in the same urbanized area as a Phase I MS4 with an NPDES stormwater permit and the permitted Phase I MS4 consents, in writing, to allow the regulated Phase II MS4 to participate in its stormwater program, the Phase II MS4 and the existing Phase I MS4 may jointly seek a modification of the original Phase I MS4 permit to include the newly regulated Phase II MS4 as a co-permittee. As a co-permittee, the Phase II MS4 will be responsible for compliance with the permit's conditions applicable to its jurisdiction. If a Phase II MS4 pursues this option the proposed permittee must comply with the permit application requirements of Rule 62-624.400, F.A.C., which incorporates 40 C.F.R. 122.26, rather than the requirements of this section, Rule 62-624.810, F.A.C.

(3) If an MS4 operator is responsible for MS4 facilities located wholly or partially within more than one urbanized area, the operator may file a single Notice of Intent, if using the Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems (MS4s). If the operator elects to submit a single NOI, the Stormwater Management Program must address all such MS4 facilities and be applied uniformly throughout the operators system or systems however, the operator shall be considered a single entity for the payment of application fees and for filing annual reports.

(4) Application deadlines for regulated Phase II MS4s are as follows:

(a) If designated under paragraph 62-624.800(1)(a), F.A.C., based upon the 1990 Decennial Census, the proposed permittee must apply for coverage under an individual or generic Phase II MS4 permit, or apply for a modification of an existing Phase I MS4 permit, under subsection (2), of this rule, by June 1, 2003.

(b) If designated under paragraph 62-624.800(1)(a), F.A.C., based upon the 2000 Decennial Census, the proposed permittee must apply for coverage under an individual or generic Phase II MS4 permit, or apply for a modification of an existing Phase I MS4 permit, under subsection (2), of this rule, by June 1, 2004.

(c) If designated under paragraph 62-624.810(1)(b), F.A.C., the proposed permittee must apply for coverage under an individual or generic Phase II MS4 permit, or apply for a modification of an existing Phase I MS4 permit, under subsection (2), of this rule, within one year of notice.

(d) If an MS4 becomes a regulated MS4 due to incorporation as a new municipality or redefinition of an urbanized area or areas, the proposed permittee must apply for coverage under an individual or generic Phase II MS4 permit, or apply for a modification of an existing Phase I MS4 permit, under subsection (2), of this rule, within one year of the event causing the MS4 to become a regulated MS4.

History

• Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.087, 403.088, 403.0885 FS. History–New 5-1-03.

Chapter 62-625 PRETREATMENT REQUIREMENTS FOR EXISTING AND OTHER SOURCES OF POLLUTION

Fla. Admin. Code R. 62-625.100 Scope/Intent/Purpose

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 5-10-10, Repealed 2-16-12.

Fla. Admin. Code R. 62-625.110 Applicability/References

(1) This chapter applies:

(a) To the discharge of pollutants from nondomestic sources covered by pretreatment standards which are discharged into, transported by truck or rail, or otherwise introduced into WWFs as defined in subsection 62-625.200(29), F.A.C.;

(b) To public utilities which receive wastewater from sources subject to pretreatment standards and that discharge to surface waters of the State, or public utilities required to implement a pretreatment program in accordance with Chapter 62-610, F.A.C. or 40 C.F.R. Parts 146.15 and 146.16, as of July 1, 2009, hereby adopted and incorporated by reference; and,

(c) To any new or existing source subject to pretreatment standards, including public utilities required to implement a pretreatment program in accordance with state requirements in Chapter 62-610, F.A.C.

(2) This chapter does not apply to industrial wastewater facilities that accept wastewater from another facility for co-treatment, reuse or disposal, unless such facility discharges to a public utility.

(3) References. The Department adopts and incorporates by reference Title 40 of the Code of Federal Regulations (CFR) Part 441, effective July 14, 2017, (http://www.flrules.org/Gateway/reference.asp?No=Ref-09403), which contains pretreatment standards and reporting and recordkeeping requirements for dental dischargers.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 5-10-10, 5-23-18, 9-20-21.

Fla. Admin. Code R. 62-625.200 Definitions

Terms used in this chapter shall have the meaning specified below. The meaning of any term not defined below shall be taken from definitions in other rules of the Department, unless the context clearly indicates otherwise.

(1) “Bypass” means the intentional diversion of wastewater streams from any portion of an industrial user’s treatment facility.

(2) “Best Management Practices” or “BMPs” mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in subsections 62-625.400(1)(a) and (2), F.A.C. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, industrial sludge or waste disposal, or drainage from raw materials storage.

(3) “Categorical Industrial User” means an industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C., including 40 C.F.R. Chapter I, Subchapter N, Parts 405 through 471, as of July 1, 2009, hereby adopted and incorporated by reference.

(4) “Consistent Removal” means the average of the lowest 50 percent of the removal measured in accordance with subsection 62-625.420(2), F.A.C.

(5) “Control Authority” means any public utility that administers a pretreatment program that has been approved by the Department in accordance with the requirements of Rule 62-625.510, F.A.C. In cases where categorical or significant noncategorical industrial users discharge to domestic WWFs that are not included in an approved pretreatment program, the Department shall function as the control authority until an approved pretreatment program has been established by the public utility.

(6) “Discharge” means the introduction of pollutants into a WWF from any nondomestic source regulated under Chapter 403, F.S.

(7) “Grab Sample” means an individual, discrete sample collected at a specific time. A grab sample includes all sub samples or aliquots (e.g. individual containers for specific analytes or analyte groups), sample fractions (e.g. total and filtered samples), and all applicable field quality control samples (e.g. field sample duplicates or split samples) collected at the same locations within a time not exceeding 15 minutes.

(8) “Industrial User” means a source of discharge.

(9) “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

(a) Inhibits or disrupts the WWF or potable reuse system, its treatment processes or operations, or its biosolids processes, use or disposal; and,

(b) Is a cause of a violation of any requirement of the WWF’s or potable reuse system’s permits (including an increase in the magnitude or duration of a violation) or prevents use or disposal of biosolids in compliance with local regulations or rules of the Department and Chapter 403, F.S.

(10) “Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

(11) “Maximum Allowable Industrial Loading” means the total mass of a pollutant that all industrial users and other controlled sources may discharge without causing pass through or interference.

(12) “Method Detection Limit” or “MDL” means an estimate of the minimum amount of a substance that an analyte process can reliably detect. A MDL is analyte- and matrix-specific and is laboratory dependent.

(13) “New Source” means:

(a) Any building, structure, facility or installation from which there is or may be a discharge, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the CWA which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

1. The building, structure, facility or installation is constructed at a site at which no other source is located;

2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source shall be considered.

(b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subparagraph (a)2. or (a)3., above, but otherwise alters, replaces, or adds to existing process or production equipment; or

(c) Construction of a new source, as defined in this chapter, has commenced if the owner or operator has:

1. Begun, or caused to begin as part of a continuous on-site construction program;

a. Any placement, assembly, or installation of facilities or equipment; or

b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this rule.

(14) “Non-significant categorical industrial user” means an industrial user that discharges 100 gallons per day (gpd) or less of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and:

(a) Has consistently complied with all applicable categorical pretreatment standards and requirements;

(b) Annually submits the certification statement required in subsection 62-625.600(17), F.A.C., together with any additional information necessary to support the certification statement; and,

(c) Never discharges any untreated categorical process wastewater.

(15) “Pass Through” means a discharge which exits the WWF into waters of the State or into waters used as a drinking water source in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the WWF’s or potable reuse system’s permits (including an increase in the magnitude or duration of a violation).

(16) “Permit” means a permit issued to a WWF in accordance with Chapter 62-620, F.A.C.

(17) “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a WWF. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by subsection 62-625.410(5), F.A.C.

(18) “Pretreatment Program” means a program administered by a public utility that meets the criteria established in Rule 62-625.500, F.A.C.

(19) “Pretreatment Requirement” means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.

(20) “Pretreatment Standard” means any regulation containing pollutant discharge limits promulgated by the EPA under Sections 307(b) and (c) of the CWA or by the Department under Chapter 403, F.S., which applies to industrial users. This term includes prohibitive discharge limits established in Rule 62-625.400, F.A.C.

(21) “Public Utility” means any state, county or municipality owning, managing, controlling or operating a domestic WWF, or proposing to construct a domestic WWF that provides or proposes to provide wastewater service.

(22) “Removal” means a reduction in the amount of a pollutant in the WWF’s effluent or alteration of the nature of a pollutant during treatment at the WWF. The reduction or alteration can be obtained by physical, chemical or biological means and may be the result of specifically designed WWF capabilities or may be incidental to the operation of the treatment system. Removal as used in this chapter shall not mean dilution of a pollutant in the WWF.

(23) “Responsible Corporate Officer” means:

(a) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or

(b) The manager of one or more manufacturing, production, or operating facilities, provided, the manager;

1. Is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations;

2. Is authorized to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations;

3. Can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements;

4. Has been assigned or delegated the authority to sign documents in accordance with corporate procedures.

(24) “Severe Property Damage” means substantial physical damage to property, damage to an industrial user’s treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(25) “Significant Industrial User” means, except as provided in paragraphs (c) and (d), below, the following:

(a) Categorical Industrial Users; and,

(b) Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the WWF (excluding domestic wastewater, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the WWF’s operation, any portion of the potable reuse system, or for violating any pretreatment standard or requirement in accordance with paragraph 62-625.500(2)(e), F.A.C.

(c) The control authority (except where the Department is acting as the control authority) may determine that an industrial user subject to categorical pretreatment standards under Rule 62-625.410, F.A.C., including 40 CFR Chapter I, Subchapter N, Parts 405 through 471, is a non-significant categorical industrial user.

(d) Upon a finding that an industrial user meeting the criteria in paragraph (b), above, has no reasonable potential for adversely affecting the WWF’s operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with paragraph 62-625.500(2)(e), F.A.C., determine that such industrial user is not a significant industrial user.

(26) “Slug Discharge” means any discharge of a nonroutine, episodic nature, which has a reasonable potential to cause interference or pass through, or in any other way violate the WWF’s regulations, local limits or permit conditions.

(27) “Treatment Plant” means that portion of a WWF which is designed to provide treatment (including recycling and reclamation) of domestic and industrial wastewater.

(28) “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user.

(29) “Wastewater Facility” or “WWF” means any facility which discharges wastes into waters of the State or which can reasonably be expected to be a source of water pollution and includes any or all of the following: the collection and transmission system, the wastewater treatment works, the reuse or disposal system, and the biosolids management facility.

(30) “Water Management Division Director” means one of the Directors of the Water Management Divisions within the Regional offices of the EPA or this person’s delegated representative.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 5-10-10, 9-20-21.

Fla. Admin. Code R. 62-625.300 Local Law

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885, 403.08851 FS. History–New 11-29-94, Repealed 11-26-15.

Fla. Admin. Code R. 62-625.400 Pretreatment Standards: Prohibited Discharges

(1) General prohibitions.

(a) An industrial user shall not introduce into a WWF or potable reuse system any pollutant which causes pass through or interference. These general prohibitions and the specific prohibitions in subsection (2), below, apply to each industrial user introducing pollutants into a WWF or potable reuse system whether or not the industrial user is subject to other pretreatment standards, or any national, State, or local pretreatment requirements.

(b) Affirmative Defenses. An industrial user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in paragraph (a), above, and the specific prohibitions in paragraphs (2)(c)-(g), below, where the industrial user can demonstrate that:

1. It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and,

2. Either of the following:

a. A local limit designed to prevent pass through or interference was developed in accordance with subsection (3), below, for each pollutant in the industrial user’s discharge that caused pass through or interference, and the industrial user was in compliance with each such local limit directly prior to and during the pass through or interference; or

b. If a local limit designed to prevent pass through or interference has not been developed in accordance with subsection (3), below, for the pollutants that caused the pass through or interference, and the industrial user’s discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from the industrial user’s discharge activity when the WWF or potable reuse system was regularly in compliance with it’s permit requirements and applicable requirements for biosolids.

(2) Specific prohibitions. The following pollutants shall not be introduced into a WWF:

(a) Pollutants which create a fire or explosion hazard in the WWF;

(b) Pollutants which will cause corrosive structural damage to the WWF, but in no case discharges with pH lower than 5.0, unless the WWF is specifically designed to accommodate such discharges;

(c) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the WWF or potable reuse system resulting in interference;

(d) Any pollutant, including oxygen demanding pollutants, released in a discharge at a flow rate or pollutant concentration which will cause interference with the WWF or potable reuse system;

(e) Heat in amounts which will inhibit biological activity in the WWF resulting in interference, but in no case heat in such quantities that result in the discharge from the treatment plant having a temperature that exceeds 40º C (104º F) unless the Department, upon request of the control authority, approves alternate temperature limits in accordance with Rule 62-302.520, F.A.C.;

(f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through;

(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the WWF in a quantity that will cause acute worker health and safety problems;

(h) Any trucked or hauled pollutants, except at discharge points designated by the control authority; or

(i) Any hazardous waste pharmaceuticals from healthcare facilities or reverse distributors in accordance with Rule 62-730.181, F.A.C.

(3) Specific limits developed by the control authority.

(a) Each public utility required to have a pretreatment program in accordance with Rule 62-625.500, F.A.C., shall develop and enforce specific limits to implement the prohibitions listed in paragraph (1)(a), and subsection (2), above. Each public utility shall continue to develop these limits as necessary and effectively enforce such limits.

(b) All other public utilities shall develop and enforce specific effluent limits which, together with appropriate changes in the treatment plant or operation, are necessary to ensure compliance with the WWF’s or potable reuse system’s permit(s) or biosolids use or disposal practices.

(c) Specific effluent limits shall not be developed and enforced without individual notice to persons or groups who have requested such notice and an opportunity to respond.

(d) The control authority (except where the Department is acting as the control authority) may develop best management practices (BMPs) to implement paragraphs (a) and (b), above. Such BMPs shall be considered local limits and pretreatment standards for the purposes of this chapter.

(4) Local limits. Where specific prohibitions or limits on pollutants or pollutant parameters are developed by a public utility in accordance with subsection (3), above, such limits shall be deemed pretreatment standards for the purposes of this chapter.

(5) State enforcement actions. If, within 30 days after notice of an interference or pass through violation has been sent by the Department to the control authority, and to persons or groups who have requested such notice from the Department, the control authority fails to commence appropriate enforcement action to correct the violation, the Department shall take appropriate enforcement action in accordance with Sections 403.121, 403.131 and 403.161, F.S.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 5-10-10, 9-20-21.

Fla. Admin. Code R. 62-625.410 Pretreatment Standards: Categorical Standards

(1) Pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which have the potential to be discharged in accordance with 40 C.F.R. Part 403.6, as of July 1, 2009, hereby adopted and incorporated by reference, to a WWF by existing or new industrial users, in specific industrial subcategories, are established as separate Federal regulations under the appropriate subpart of 40 C.F.R. Chapter I, Subchapter N, parts 405 through 471. These pretreatment standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements set forth in this chapter.

(2) Category determination request.

(a) Request deadline. Within 60 days after the effective date of a pretreatment standard for a subcategory under which an industrial user may be included, the industrial user or control authority may request that the Department provide written certification on whether the industrial user falls within that particular subcategory. If an existing industrial user adds or changes a process or operation which may be included in a subcategory, the existing industrial user must request this certification prior to commencing discharge from the added or changed processes or operation. A new source must request this certification prior to commencing discharge. Where a request for certification is submitted by a control authority, the control authority shall, at the same time, send a copy of the request to any affected industrial user. The industrial user may provide written comments on the control authority’s request to the Department within 30 days of the date of the request.

(b) Contents of request. Each request shall contain a statement:

1. Describing which subcategories might be applicable; and,

2. Citing evidence and reasons why a particular subcategory is applicable and why others are not applicable. Any person signing the request shall make the following certification: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

(c) Deficient requests. The Department shall only act on written requests for determinations that contain all of the information required. Persons who have made incomplete submissions will be notified by the Department that their request is deficient. If the deficiency is not corrected within 30 days of the date of the notification, the request for a determination shall be denied.

(d) Final decision.

1. Upon receipt of a complete request, the Department shall consider the submission, any additional evidence that may have been requested, and any other available information relevant to the request. The Department shall then make a written determination of the applicable subcategory and state the reasons for the determination.

2. The Department shall forward the determination to the EPA Water Management Division Director. The EPA Water Management Division Director may waive receipt of these determinations. If the EPA Water Management Division Director does not modify the Department’s decision within 60 days after receipt thereof, or if the EPA Water Management Division Director waives receipt of the determination, the Department’s decision is final.

3. Where the EPA Water Management Division Director elects to modify the Department’s decision, the decision shall be forwarded to the Department. The Department shall adopt the modified decision as its final determination.

4. The Department shall send a copy of the final determination to the affected industrial user and the control authority.

(e) Requests for administrative hearing. Within 14 days following the date of receipt of the copy of the final determination as provided for by subparagraph (d)4., above, the industrial user or control authority may submit a petition for administrative hearing under Section 120.57, F.S., to reconsider or contest the decision.

(3) Deadline for compliance with categorical standards. Compliance by existing sources with categorical pretreatment standards shall be within 3 years of the date the standard is effective in the appropriate subpart of 40 C.F.R. Chapter I, Subchapter N, parts 405 through 471, unless a shorter compliance time is specified as part of the categorical standard. Existing sources which become industrial users subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial users except where such sources meet the definition of a new source as defined in subsection 62-625.200(13), F.A.C. New sources shall install and have in operating condition, and shall “start-up,” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within 90 days of initiating discharge, new sources must meet all applicable pretreatment standards.

(4) Concentration and mass limits.

(a) Pollutant discharge limits in categorical pretreatment standards will be expressed either as concentration or mass limits. Wherever possible, where concentration limits are specified in pretreatment standards, equivalent mass limits will be provided so that local, State or Federal authorities responsible for enforcement may use concentration or mass limits. Limits in categorical pretreatment standards shall apply to the effluent of the process regulated by the pretreatment standard, or as otherwise specified by the pretreatment standard.

(b) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the control authority may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

(c) A control authority calculating equivalent mass-per-day limitations under paragraph (b), above, shall calculate such limitations by multiplying the limits in the pretreatment standard by the industrial user’s average rate of production. This average rate of production shall be based not upon the designed production capacity but rather upon a reasonable measure of the industrial user’s actual long-term daily production, such as the average daily production during a representative year. For new sources, actual production shall be estimated using projected production.

(d) A control authority calculating equivalent concentration limitations under paragraph (b), above, shall calculate such limitations by dividing the mass limitations derived under paragraph (c), above, by the average daily flow rate of the industrial user’s regulated process wastewater. This average daily flow rate shall be based upon a reasonable measure of the industrial user’s actual long-term average flow rate, such as the average daily flow rate during a representative year.

(e) When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the control authority convert the limits to equivalent mass limits. The control authority may convert to equivalent mass limits only if the industrial user meets all the following conditions:

1. Employs, or demonstrates that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its control mechanism;

2. Currently uses control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment;

3. Provides sufficient information to establish the industrial user’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, and the industrial user’s long-term average production rate, if applicable. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

4. Does not have daily flow rates, production rates, or pollutant levels that vary more than 20 percent so that equivalent mass limits are not appropriate to control the discharge; and,

5. Has consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user’s request for equivalent mass limits.

(f) An industrial user subject to equivalent mass limits based on paragraph (e), above, must:

1. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

2. Record the facility’s flow rates through the use of a continuous effluent flow monitoring device;

3. Record the facility’s production rates and notify the control authority when the production rates are expected to vary more than 20 percent from its baseline production rates determined in subparagraph (e)3., above; and,

4. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subparagraph (e)1., above.

(g) A control authority which chooses to establish equivalent mass limits:

1. Must calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor;

2. Must reassess the equivalent mass limit and recalculate the limit, as necessary, to reflect changed conditions at the facility upon notification from the industrial user of a revised production rate; and,

3. May retain the same equivalent mass limit in subsequent control mechanism terms if:

a. The industrial user’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies;

b. The actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to subsection (5), below; and,

c. The industrial user is in compliance with Rule 62-625.860, F.A.C.

(h) The control authority may not express limits in terms of mass for pollutants such as pH, temperature, radiation, or other pollutants which cannot appropriately be expressed as mass.

(i) The control authority may convert the mass limits of the categorical pretreatment standards in 40 C.F.R. Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users under the following conditions:

1. When converting such limits to concentration limits, the control authority must use the concentrations listed in the applicable subparts of 40 C.F.R. Parts 414, 419, and 455; and,

2. Document that dilution is not being substituted for treatment as prohibited by subsection (5), below.

(j) Equivalent limitations calculated in accordance with paragraphs (c), (d), (e) and (i), above, are deemed pretreatment standards for the purposes of section 307(d) of CWA and this chapter. The control authority must document how the equivalent limits were derived and make this information available in the industrial user’s file for public review. Once incorporated into its control mechanism, the industrial user must comply with the equivalent limitations in lieu of the categorical pretreatment standards from which the equivalent limitations were derived.

(k) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or 4-day average limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitations.

(l) Any industrial user operating under a control mechanism, as described in subparagraph 62-625.500(2)(a)2., F.A.C., incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the control authority within 2 business days after the industrial user has a reasonable basis to know that the production level will change more than 20 percent within the next calendar month. Any industrial user not notifying the control authority of such anticipated change will be required to meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long-term average production rate.

(5) Dilution prohibited as substitute for treatment. Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt, to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. The control authority shall impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements.

(6) Combined waste stream formula. Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived by the control authority or by the industrial user with the written concurrence of the control authority. When the Department is acting as the control authority, the Department shall allow the development of fixed alternative discharge limits when direct sampling of the regulated waste stream is not technically feasible. These alternative limits shall be applied to the mixed effluent. When deriving alternative categorical limits, the control authority or industrial user shall calculate both an alternative daily maximum value using the daily maximum values specified in the appropriate categorical pretreatment standards and an alternative consecutive sampling day average value using the monthly average values specified in the appropriate categorical pretreatment standards. The industrial user shall comply with the alternative daily maximum and monthly average limits fixed by the control authority until the control authority modifies the limits or approves an industrial user modification request. Modification is authorized whenever there is a material or significant change in the values used in the calculation to fix alternative limits for the regulated pollutant. An industrial user must immediately report any such material or significant change to the control authority. Where appropriate, new alternative categorical limits shall be calculated within 30 days.

(a) Alternative limit calculation. For purposes of these formulas, the “average daily flow” means a reasonable measure of average daily flow for a 30-day period of production during a representative year. For new sources, flows shall be estimated using projected values. The alternative limit for a specified pollutant shall be derived by the use of either of the following formulas:

1. Alternative concentration limit.

2. Alternative mass limit.

3. The terms used in the equations in 1. and 2. above are defined as follows:

CT

=

The alternative concentration limit for the combined waste stream.

Ci

=

The categorical pretreatment standard concentration limit for a pollutant in the regulated stream i.

MT

=

The alternative mass limit for a pollutant in the combined waste stream.

Mi

=

The categorical pretreatment standard mass limit for a pollutant in the regulated stream i (the categorical pretreatment mass limit multiplied by the appropriate measure of production).

Fi

=

The average daily flow (at least a 30-day average) of stream i to the extent that it is regulated for such pollutant.

FD

=

The average daily flow (at least a 30-day average) from waste streams identified in subsection (7), below.

Ft

=

The average daily flow (at least a 30-day average) through the combined treatment facility (includes Fi, Fd and unregulated streams).

N

=

The total number of regulated streams.

(b) Alternative limits below detection limit. An alternative pretreatment limit shall not be used if the alternative limit is below the analytical detection limit for any of the regulated pollutants.

(c) Self-monitoring. Self-monitoring required to ensure compliance with the alternative categorical limit shall be conducted in accordance with the requirements of Rule 62-625.600, F.A.C.

(d) Choice of monitoring location. Where a treated regulated process waste stream is combined prior to treatment with wastewaters other than those generated by the regulated process, the industrial user may monitor either the segregated process waste stream or the combined waste stream for the purpose of determining compliance with applicable pretreatment standards. If the industrial user chooses to monitor the segregated process waste stream, it shall apply the applicable categorical pretreatment standard. If the industrial user chooses to monitor the combined waste stream, it shall apply an alternative discharge limit calculated using the combined waste stream formula as provided in paragraph (a), above. The industrial user may change monitoring points only after receiving approval from the control authority. The control authority shall ensure that any change in an industrial user’s monitoring points will not allow the industrial user to substitute dilution for adequate treatment to achieve compliance with applicable standards.

(7) For the purposes of the combined waste stream formula, dilute waste streams include:

(a) Boiler blowdown streams, noncontact cooling streams, stormwater streams, and demineralizer backwash streams; unless such streams contain a significant amount of a pollutant and are combined with the regulated process waste stream prior to treatment, and the treatment will result in a substantial reduction of that pollutant. The control authority shall determine whether such streams are classified as diluted or unregulated. The industrial user shall provide engineering, production, sampling and analysis, and such other information so that the control authority can make its determination;

(b) Sanitary waste streams where such streams are not regulated by a categorical pretreatment standard;

(c) Any process waste streams which were or could have been entirely exempted from categorical pretreatment standards for one or more of the following reasons:

1. The pollutants of concern are not detectable in the effluent from the industrial user;

2. The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects;

3. The pollutants of concern are present in amounts too small to be effectively reduced by known technologies; or

4. The waste stream contains only pollutants which are compatible with the WWF.

(d) Waste streams from the list of industrial user subcategories identified in subsection 62-625.880(1), F.A.C.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 5-10-10, 9-20-21.

Fla. Admin. Code R. 62-625.420 Removal Credits

(1) Introduction. Rule 62-625.420, F.A.C., does not apply where the Department is acting as the control authority.

(a) Any public utility receiving wastewater from a categorical industrial user may, at the control authority’s discretion and subject to the conditions of this section, grant removal credits to reflect removal by the WWF of pollutants specified in the categorical pretreatment standard. The control authority may grant a removal credit equal to or, at its discretion, less than its consistent removal rate. Upon being granted a removal credit, each affected industrial user shall calculate its revised discharge limits in accordance with paragraph (c), below. Removal credits shall only be given for indicator or surrogate pollutants regulated in a categorical pretreatment standard if the categorical pretreatment standard so specifies.

(b) Conditions for authorization to give removal credits. A control authority is authorized to give removal credits only if all of the following conditions are met:

1. The control authority requests, and receives authorization from the Department to give, a removal credit in accordance with the requirements and procedures specified in subsection (4), below.

2. Consistent removal determination. The WWF demonstrates and continues to achieve consistent removal of the pollutant in accordance with subsection (2), below.

3. Pretreatment program. The public utility has a pretreatment program approved by the Department in accordance with Rule 62-625.510, F.A.C.

4. Biosolids requirements. The granting of removal credits will not cause the WWF to violate the local, State, and Federal requirements which apply to the biosolids management method chosen by the WWF. Alternatively, the WWF can demonstrate to the Department that (even though it is not presently in compliance with applicable domestic wastewater residual requirements) it will be in compliance when the industrial user (to whom the removal credit would apply) is required to meet its categorical pretreatment standard, as modified by the removal credit. Removal credits may be made available for the following:

a. Any pollutant listed in subsections 62-625.880(2) and (3), F.A.C., for the use or disposal practice employed by the WWF, when the requirements in Chapter 62-640, F.A.C., for that practice are met;

b. Arsenic, Beryllium, Cadmium, Chromium, Lead, Mercury and Nickel, when incinerated, when the concentration for these pollutants does not exceed the requirements of 40 C.F.R. Part 503.43, (“Incineration: Pollutant Limits” codified as of July 1, 2020, which is hereby adopted and incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13511). A copy of this document may be obtained by contacting the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400;

c. Any pollutant listed in subsection 62-625.880(4), F.A.C., for the use or disposal practice employed by the WWF, when the concentration for the pollutant listed in subsection 62-625.880(4), F.A.C., does not exceed the specified concentration; or

d. For any pollutant in biosolids, when the WWF disposes all of its biosolids in a municipal solid waste landfill that meets the criteria in Chapter 62-701, F.A.C.

5. Permit limitations. The granting of removal credits shall not cause a violation of the WWF’s permit limitations or conditions. Alternatively, the WWF can demonstrate to the Department that (even though it is not presently in compliance with applicable limitations and conditions in its permit) it will be in compliance when the industrial user (to whom the removal credit would apply) is required to meet its categorical pretreatment standard, as modified by the removal credit.

(c) Calculation of revised discharge limits. Revised discharge limits for a specific pollutant shall be derived by use of the following formula:

where

y

=

Revised discharge limit for the specified pollutant (expressed in same units as x).

x

=

Pollutant discharge limit specified in the applicable categorical pretreatment standard.

r

=

Removal credit for that pollutant as established under subsection (2), below (percentage removal expressed as a proportion, i.e., a number between 0 and 1).

(2) Establishment of removal credits; demonstration of consistent removal. Influent and effluent operational data demonstrating consistent removal, or other information as provided for in paragraph (g), below, which demonstrates consistent removal of the pollutants for which discharge limit revisions are proposed, shall be provided to the Department. These data shall meet the following requirements:

(a) Representative data: seasonal. The data shall be representative of yearly and seasonal conditions to which the WWF is subjected for each pollutant for which a discharge limit revision is proposed.

(b) Representative data: quality and quantity. The data shall be representative of the quality and quantity of normal effluent and influent flow if such data can be obtained. If such data are unobtainable, alternate data or information may be presented for approval to demonstrate consistent removal as provided for in paragraph (g), below.

(c) Sampling procedures: composite.

1. The influent and effluent operational data shall be obtained through 24-hour flow-proportional composite samples. Sampling shall be done manually or automatically, and discretely or continuously. For discrete sampling, at least 12 aliquots shall be composited. Discrete sampling shall be flow-proportioned either by varying the time interval between each aliquot or the volume of each aliquot. All composites must be flow-proportional to each stream flow at the time of collection of the influent aliquot or to the total influent flow since the previous influent aliquot. Volatile pollutant aliquots must be combined in the laboratory immediately before analysis.

2. Sampling frequency and historical data.

a. Twelve samples shall be taken at approximately equal intervals throughout one full year. Sampling must be evenly distributed over the days of the week so as to include non-workdays as well as workdays. If the Department determines that this sampling is not representative of the actual operation of the WWF, the Department shall notify the WWF with an explanation of why it has come to this determination. The control authority shall submit, within 30 days of receipt of the Department notice, an alternative sampling schedule. The Department shall approve the alternative sampling schedule if it is representative of the operation of the WWF. The alternative sampling schedule shall not be implemented until written Department approval is obtained.

b. As an alternative, a WWF may utilize an historical data base amassed prior to the effective date of this chapter. In order for the historical data base to be approved, it must present a statistically valid description of daily, weekly, and seasonal WWF loadings and performance for at least one year.

3. The Department shall require that each effluent sample be taken approximately one detention time later than the corresponding influent sample when failure to do so would result in an unrepresentative portrayal of actual WWF operation. The detention period is to be based on a 24-hour average daily flow value. The average daily flow used will be based upon the average of the daily flows during the same month of the previous year.

(d) Sampling procedures: Grab. Where composite sampling is not an appropriate sampling technique, grab samples shall be taken to obtain influent and effluent operational data. Collection of influent grab samples should precede collection of effluent samples by approximately one detention period. The detention period is to be based on a 24-hour average daily flow value. The average daily flow used shall be based upon the average of the daily flows during the same month of the previous year. Grab samples shall be required, for example, where the parameters being evaluated are those, such as cyanide and phenol, which may not be held for any extended period because of biological, chemical, or physical interactions which take place after sample collection and affect the results.

(e) Analytical methods. The sampling referred to in paragraphs (c) and (d), above, and an analysis of these samples, shall be performed in accordance with Chapter 62-160, F.A.C.

(f) Calculation of removal. All data acquired under the provisions of this rule must be submitted to the Department. Removal for a specific pollutant shall be determined for each sample either by measuring the difference between the concentrations of the pollutant in the influent and effluent of the WWF and expressing the difference as a percent of the influent concentration, or by using other data or procedures subject to concurrence by the Department as provided for in paragraph (g), below.

(g) All sample data obtained for the measured pollutant during the time period prescribed in this section, must be reported to the Department and used in computing consistent removal. If a substance is detectable in the influent but not in the effluent, the effluent level shall be assumed to be the method detection limit, and those data may be used by the WWF at its discretion if the method detection limit meets the requirements of Rule 62-4.246, F.A.C. If the substance is not detectable in the influent, the data shall not be used to calculate consistent removal. Where the number of samples with concentrations equal to or above the method detection limit is between 8 and 12, the average of the lowest 6 removals shall be used. If there are less than 8 samples with concentration equal to or above the method detection limit, the Department shall require alternate means for demonstrating consistent removal.

(3) Provisional credits. For pollutants which are not being discharged currently (i.e., new or modified facilities, or production changes), the control authority may apply for authorization to give removal credits prior to the initial discharge of the pollutant. Consistent removal shall be based provisionally on data from treatability studies or demonstrated removal at other comparable treatment facilities where the quality and quantity of influent are similar. Within 18 months after the commencement of discharge of pollutants in question, consistent removal must be demonstrated in accordance with subsection (2), above. If, within 18 months after the commencement of the discharge of the pollutant in question, the WWF cannot demonstrate consistent removal in accordance with subsection (2), above, the authority to grant provisional removal credits shall be terminated by the Department in accordance with paragraph (5)(d), below.

(4) Control authority request for authorization to give removal credits and Department review.

(a) Any control authority that wants to give a removal credit must request authorization from the Department.

(b) The request for authorization to give removal credits (or modify existing ones) shall be submitted in writing by the control authority to the Department.

(c) A control authority may request authorization to give or modify removal credits at any time.

(d) The request for authorization to give removal credits must be supported by the following information:

1. List of pollutants. A list of pollutants for which removal credits are proposed.

2. Consistent removal data. The data required in subsection (2), above.

3. Calculation of revised discharge limits. Proposed revised discharge limits for each affected subcategory of industrial users calculated in accordance with paragraph (1)(c), above.

4. Biosolids management certification. A specific description of the WWF’s current methods of using or disposing of its biosolids and a certification that the granting of removal credits will not cause a violation of the biosolids requirements identified in subparagraph (1)(b)4., above.

5. Permit limit certification. A certification that the granting of removal credits will not cause a violation of the WWF’s permit limits and conditions as required in subparagraph (1)(b)5., above.

(e) Department review. The Department shall review the control authority’s request for authorization to give or modify removal credits in accordance with the procedures of Rule 62-625.510, F.A.C., and shall, in no event, have more than 180 days from public notice of the request to complete review.

(f) EPA review of State removal credit approvals. The EPA Regional Administrator will review and approve submissions for authority to grant removal credits.

(g) Nothing in these regulations precludes an industrial user or other interested party from assisting the control authority in preparing and presenting the information necessary to request authorization.

(h) Upon Department and EPA approval of a control authority’s request to grant removal credits, the WWF’s permit shall be revised in accordance with Rule 62-620.325, F.A.C., to include the revised discharge limits and any additional monitoring and reporting requirements.

(5) Continuation and withdrawal of authorization.

(a) Effect of authorization. Once a control authority has received authorization to grant removal credits for a particular pollutant regulated in a categorical pretreatment standard, it may automatically extend that removal credit to the same pollutant when it is regulated in other categorical standards, unless granting the removal credit will cause the WWF to violate the requirements identified in subparagraph (1)(b)4., above, or its permit limits and conditions as required by subparagraph (1)(b)5., above. If a control authority elects at a later time to extend removal credits to a certain categorical pretreatment standard, industrial subcategory or one or more industrial users that initially were not granted removal credits, it must notify the Department prior to granting the removal credit.

(b) Inclusion in WWF permit. Once authority is granted, the removal credits shall be included in the WWF’s permit and shall become an enforceable requirement of the WWF’s permit. The removal credits shall remain in effect for the term of the WWF’s permit, provided the WWF maintains compliance with the conditions specified in paragraph (d), below.

(c) Compliance monitoring. Following authorization to give removal credits, a control authority shall continue to monitor and report on the WWF’s removal capabilities at such intervals as specified in the WWF’s permit, but in no case less than once per year. A minimum of one representative sample per month during the reporting period is required, and all sampling data must be included in the control authority’s compliance report.

(d) Modification or withdrawal of removal credits.

1. Notice of control authority. The Department shall notify the control authority if, on the basis of pollutant removal capability reports received pursuant to paragraph (c), above, or other relevant information available to it, the Department determines:

a. That one or more of the discharge limit revisions made by the control authority no longer meets the requirements of this section, or

b. That such discharge limit revisions are causing a violation of any conditions or limits contained in the WWF’s permit.

2. Corrective action. If appropriate corrective action is not taken within a reasonable time, not to exceed 60 days, the Department shall either withdraw such discharge limits or require modifications in the revised discharge limits. An extension to the 60 day time period shall be granted if the control authority or industrial user submits a written request to the Department that demonstrates that more time is necessary to undertake appropriate corrective action and that the time extension will not have any adverse environmental impacts.

3. Public notice of withdrawal or modification. The Department shall not withdraw or modify revised discharge limits unless it first notifies, in writing, the control authority and all industrial users to whom revised discharge limits have been applied, of the reasons for such withdrawal or modification. The Department shall publish a notice of withdrawal or modification of revised discharge limits in a newspaper(s) of general circulation within the jurisdiction served by the WWF that meets the requirements of Sections 50.011 and 50.031, F.S., and shall provide an opportunity for an administrative hearing. Following such notice and withdrawal or modification, all industrial users to whom revised discharge limits had been applied, shall be subject to the modified discharge limits or the discharge limits prescribed in the applicable categorical pretreatment standards, as appropriate, and shall achieve compliance with such limits in accordance with subsection 62-625.410(3), F.A.C.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 1-8-97, 5-10-10, 9-20-21.

Fla. Admin. Code R. 62-625.500 Pretreatment Program Development and Submission Requirements

(1) Public utilities required to develop a pretreatment program.

(a) Except as provided in paragraph (1)(b), below, public utilities shall establish a pretreatment program under the following conditions:

1. The public utility receives pollutants from industrial users which pass through or interfere with the operation of the WWF or are otherwise subject to pretreatment standards,

2. The public utility discharges to surface waters of the State or is required to implement a pretreatment program in accordance with Chapter 62-610, F.A.C., or 40 C.F.R. Parts 146.15 and 146.16; and,

3. The public utility owns or operates one or more WWFs with a total design flow greater than 5 million gallons per day (mgd). The Department shall also require that a public utility that owns or operates one or more WWFs with a design flow of 5 mgd or less to establish a pretreatment program if it finds that the nature or volume of the industrial influent, treatment process upsets, violations of WWF effluent limitations, contamination of biosolids, or other circumstances require a pretreatment program in order to prevent interference with the WWF or pass through.

(b) Public utilities that own or operate one or more WWFs that are required to implement a pretreatment program in accordance with Chapter 62-610, F.A.C., or 40 C.F.R. Parts 146.15 and 146.16 shall develop a pretreatment program that meets the requirements of subsections (2) and (3), below, unless the public utility can provide an affirmative demonstration in accordance with subsection 62-610.330(2), F.A.C., or 40 C.F.R. Part 146.15(e)(l) that the WWF has no significant industrial users.

(c) If a WWF identified as needing a pretreatment program does not have an approved pretreatment program, the Department shall revise, or revoke and reissue, the existing WWF permit. The revised or reissued permit shall contain a compliance schedule, with a final compliance date not to exceed one year from the effective date of the revised or reissued permit, for the development of a pretreatment program meeting the requirements of subsections (2) and (3), below.

(2) Pretreatment program requirements. A pretreatment program shall be based on the following legal authority and include the following procedures. These authorities and procedures shall at all times be fully and effectively exercised and implemented.

(a) Legal authority. The public utility shall operate under legal authority enforceable in Federal, State, or local courts which authorizes or enables the public utility to apply and to enforce the requirements of this chapter. Such authority shall be contained in a statute, ordinance, or series of contracts or joint powers agreements which the public utility is authorized to enact, enter into or implement, and which are authorized by State law. At a minimum, this legal authority shall enable the public utility to:

1. Deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the WWF by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the WWF to violate its permit,

2. Control through permit, order, or similar means the contribution to the WWF by each industrial user to ensure compliance with applicable pretreatment standards and requirements. In the case of industrial users identified as significant under subsection 62-625.200(25), F.A.C., this control shall be achieved through individual permits or equivalent individual control mechanisms issued to each such industrial user except as provided in subparagraphs 7. and 8., below. Both individual and general control mechanisms must be enforceable and contain, at a minimum, the following conditions:

a. Statement of duration (in no case more than 5 years),

b. Statement of non-transferability without prior notification to the control authority and without providing a copy of the existing control mechanism to the new owner or operator,

c. Effluent limits, including best management practices, based on applicable general pretreatment standards in this chapter, categorical pretreatment standards, local limits, and State and local law,

d. Self-monitoring, sampling, reporting, notification and record keeping requirements, including identification of the pollutants to be monitored, sampling location, sampling frequency and sample type based on the applicable general pretreatment standards in this chapter, categorical pretreatment standards, local limits, and State and local laws; and,

e. Process for seeking a waiver for a pollutant neither present nor expected to be present in the discharge in accordance with paragraph 62-625.600(4)(b), F.A.C., or a specific waived pollutant in the case of an individual control mechanism,

f. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules shall not extend the compliance date beyond applicable State or Federal deadlines,

g. Requirements to control slug discharges, if determined by the control authority to be necessary.

3. Require the following:

a. Development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements; and,

b. Submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements,

4. Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the control authority shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under subsection 62-625.600(14), F.A.C., to assure compliance with pretreatment standards. Such authority shall be at least as extensive as the authority provided under Section 403.091, F.S.;

5. Obtain remedies for noncompliance by any industrial user with any pretreatment standard and requirement.

a. All control authorities shall be able to seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements. All control authorities shall also have authority to seek or assess civil or criminal penalties in at least the amount of $1,000.00 a day for each violation by industrial users of pretreatment standards and requirements.

b. Pretreatment requirements which will be enforced through the remedies set forth in sub-subparagraph a., above, shall, at a minimum, include: the duty to allow or carry out inspections, entry, or monitoring activities; any rules, regulations, or orders issued by the control authority; any requirements set forth in individual control mechanisms issued by the control authority; or any reporting requirements imposed by the control authority or this chapter. The control authority shall have authority and procedures to immediately and effectively halt any discharge to the WWF which endangers public health or welfare. The control authority shall also have the authority and procedures to prevent any discharge to the WWF which endangers the environment, or which threatens to interfere with the operation of the WWF. Notice shall be provided to the industrial user prior to such action. If public health or welfare are not endangered, the industrial user shall be given an opportunity to respond to the notice; and,

6. Comply with the confidentiality requirements set forth in Rule 62-625.800, F.A.C.

7. Use general control mechanisms, at the discretion of the control authority, if all facilities to be covered:

a. Involve the same or substantially similar types of operations;

b. Discharge the same types of wastes;

c. Require the same effluent limitations;

d. Require the same or similar monitoring; and,

e. In the opinion of the control authority, are more appropriately controlled under a general control mechanism than under individual control mechanisms.

8. To be covered by the general control mechanism, the significant industrial user must file a written request for coverage that provides:

a. The industrial user’s contact information;

b. The industrial user’s production processes;

c. The industrial user’s types of wastes generated;

d. The industrial user’s locations for monitoring all wastes covered by the general control mechanism;

e. Requests for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge in accordance with paragraph 62-625.600(4)(b), F.A.C.; and,

f. Any other industrial user information the control authority deems appropriate.

A monitoring waiver pursuant to paragraph 62-625.600(4)(b), F.A.C., is not effective in the general control mechanism until after the control authority has provided written notice to the significant industrial user that such a waiver request has been granted. The control authority must retain a copy of the general control mechanism, documentation to support the control authority’s determination that a specific significant industrial user meets the criteria in sub-subparagraphs (2)(a)7.a. through e., above, and a copy of the industrial user’s written request for coverage for three (3) years after the expiration of the general control mechanism. A control authority may not control a significant industrial user through a general control mechanism where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for industrial users whose limits are based on the combined wastestream formula or net/gross calculations as outlined in subsection 62-625.410(6), and Rule 62-625.820, F.A.C., respectively.

(b) Pretreatment program implementation procedures. The public utility shall develop and implement procedures to ensure compliance with the requirements of a pretreatment program. At a minimum, these procedures shall enable the control authority to:

1. Identify and locate all possible industrial users which might be subject to the pretreatment program. Any compilation, index or inventory of industrial users shall be made available to the EPA Regional Administrator or Department upon request,

2. Identify the character and volume of pollutants contributed to the WWF by the industrial users identified under subparagraph 1., above. This information shall be made available to the EPA Regional Administrator or Department upon request,

3. Notify industrial users identified under subparagraph 1., above, of applicable pretreatment standards and any applicable requirements under Parts I and IV of Chapter 403, F.S., regarding disposal of sludge. Within 30 days of approval of a list of significant industrial users, in accordance with paragraph (e), below, notify each significant industrial user of its status as such and of all requirements applicable to it as a result of such status,

4. Receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with the self-monitoring requirements in Rule 62-625.600, F.A.C.,

5. Randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. Inspect and sample the effluent from each significant industrial user at least once a year except as specified in sub-subparagraphs a. through c., below;

a. Where the control authority has authorized a categorical industrial user to waive sampling of a pollutant regulated by a categorical pretreatment standard in accordance with paragraph 62-625.600(4)(b), F.A.C., the control authority must sample for the waived pollutant(s) at least once during the term of the categorical industrial user’s control mechanism. In the event that the control authority subsequently determines that a waived pollutant is present or is expected to be present in the industrial user’s wastewater based on changes that occur in the user’s operations, the control authority must immediately begin at least annual inspection and effluent monitoring of the user’s discharge,

b. Where the control authority has determined that an industrial user meets the criteria for classification as a non-significant categorical industrial user, the control authority must evaluate, at least once per year, whether an industrial user continues to meet the criteria in paragraph 62-625.200(25)(c), F.A.C.; or

c. In the case of industrial users subject to reduced reporting requirements under paragraph 62-625.600(4)(d), F.A.C., the control authority must randomly sample and analyze the effluent from industrial users and conduct inspections at least once every two years. If the industrial user no longer meets the conditions for reduced reporting in paragraph 62-625.600(4)(d), F.A.C., the control authority must immediately begin sampling and inspecting the industrial user at least once a year;

6. Evaluate, at least once every two years, whether each significant industrial user needs a plan to control slug discharges. New significant industrial users must be evaluated within 1 year of being designated a significant industrial user. The results of such evaluations shall be made available to the Department upon request. Significant industrial users are required to notify the control authority immediately of any changes at its facility affecting the potential for a slug discharge. If the control authority decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

a. Description of discharge practices, including nonroutine batch discharges;

b. Description of stored chemicals and containment areas;

c. Procedures for immediately notifying the control authority and the WWF of slug discharges, including any discharge that would violate a prohibition under subsection 62-625.400(2), F.A.C., with procedures for follow-up written notification within five days; and,

d. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), or measures and equipment for emergency response;

7. Investigate instances of noncompliance with pretreatment standards and requirements, as indicated in the reports and notices required under Rule 62-625.600, F.A.C., or indicated by analysis, inspection, and surveillance activities described in subparagraph 5., above. Sample taking, analyses and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions; and,

8. Comply with the public participation requirements of Chapter 120, F.S., in enforcement of pretreatment standards. In addition, these procedures shall include provision for at least annual public notification of industrial users which were in significant noncompliance with applicable pretreatment requirements at any time during the previous 12 months. Public notification shall be included in a newspaper(s) of general circulation within the jurisdiction served by the WWF that meets the requirements of Sections 50.011 and 50.031, F.S. For the purpose of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

a. Chronic violations of wastewater discharge limits defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude), a numeric pretreatment standard or requirement, including instantaneous limits;

b. Technical Review Criteria (TRC) violations defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, total oil and grease, and 1.2 for all other pollutants except pH);

c. Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of WWF personnel or the general public);

d. Any discharge that has resulted in the control authority’s exercise of its emergency authority under sub-subparagraph (a)5.b., above, to halt or prevent such a discharge;

e. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

f. Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

g. Failure to accurately report noncompliance; and,

h. Any other violation or group of violations, including a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the pretreatment program, except when the Department is acting as the control authority.

(c) Local limits. The public utility shall develop local limits as required in paragraph 62-625.400(3)(a), F.A.C., or submit to the Department documentation that demonstrates that they are not necessary to prevent pass through, interference, protection of WWF employees, or adversely affect biosolids disposal. A plan of study shall be submitted to the Department prior to initiating the sampling required to develop local limits.

(d) Enforcement response plan. The public utility shall develop and implement an enforcement response plan. This plan shall contain detailed procedures that:

1. Describe how the control authority will investigate instances of noncompliance, including, at a minimum, sampling, data review, site visits and inspections;

2. Describe the types of escalating enforcement responses the control authority will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place. The enforcement response plan shall address, at a minimum, effluent limits violations, self-monitoring and reporting violations, compliance schedule violations, and violations found during inspections;

3. Identify (by title) the officials responsible for each type of response; and,

4. Reflect the control authority’s primary responsibility to enforce all applicable pretreatment requirements and standards, as detailed in paragraphs (a) and (b), above.

(e) Significant industrial users. The public utility shall prepare and maintain a list of its industrial users meeting the criteria in paragraphs 62-625.200(25)(a) and (b), F.A.C. The list shall identify the criteria in paragraphs 62-625.200(25)(a) and (b), F.A.C., applicable to each industrial user and, shall also indicate whether the public utility has made a determination in accordance with paragraphs 62-625.200(25)(c) and (d), F.A.C., that such industrial user should not be considered a significant industrial user. The list shall be submitted to the Department in accordance with Rule 62-625.510, F.A.C., or as a non-substantial program modification in accordance with paragraph 62-625.540(2)(b), F.A.C. Modifications to the list shall be submitted to the Department in accordance with paragraph 62-625.600(8)(a), F.A.C.

(3) Funding. The public utility shall have sufficient resources and qualified personnel to carry out the authorities and procedures described in subsection (2), above. The public utility may submit a written request for conditional approval of the pretreatment program pending the acquisition of funding and personnel for certain elements of the program. The Department shall grant conditional approval, if the submission demonstrates that:

(a) A limited aspect of the program does not need to be implemented immediately to comply with this chapter;

(b) The public utility has adequate legal authority and procedures to carry out those aspects of the program which will not be implemented immediately; and,

(c) Funding and personnel for the program aspects to be implemented at a later date will be available when needed. The public utility shall describe in the submission the mechanism by which this funding will be acquired. Upon receipt of a request for conditional approval, the Department will establish a date for the acquisition of the needed funding and personnel based on information submitted by the public utility in accordance with this subsection. If funding is not acquired by this date, the conditional approval of the pretreatment program and any removal allowances granted to the WWF shall be modified or withdrawn.

(4) Pretreatment program submission requirements.

(a) Any public utility requesting approval of a pretreatment program shall submit a program description to the Department. The description must contain the following information:

1. A statement from the solicitor or an official acting in a comparable capacity (or the attorney for those public utilities which have independent legal counsel) that the public utility has authority adequate to carry out the program described in subsection (2), above. This statement shall:

a. Identify the provision of the legal authority under paragraph (2)(a), above, which provides the basis for each procedure under paragraph (2)(b), above;

b. Identify the manner in which the control authority will implement the program requirements set forth in subsection (2), above, including the means by which pretreatment standards will be applied to individual industrial users (e.g., by order, permit, ordinance, etc.); and,

c. Identify how the control authority will ensure compliance with pretreatment standards and requirements, and to enforce them in the event of noncompliance by industrial users;

2. A copy of any statutes, ordinances, regulations, agreements, or other authorities which will be relied upon by the control authority for its administration of the pretreatment program. This submission shall include a statement reflecting the endorsement or approval of the local boards or bodies responsible for supervising or funding the pretreatment program if approved;

3. A brief description (including organization charts) of the organization which will administer the pretreatment program. If more than one agency is responsible for administration of the program, the responsible agencies shall be identified, their respective responsibilities delineated, and their procedures for coordination set forth; and,

4. A description of the funding levels and full and part-time manpower available to implement the program.

(b) Deadline for pretreatment program submission. A public utility operating or owning a WWF which meets any of the criteria in subsection (1), above, shall develop and submit a pretreatment program for approval within one year after written notification from the Department of such identification. The pretreatment program shall meet the criteria set forth in subsection (2), above, and, following approval, be administered by the control authority to ensure compliance by industrial users with applicable pretreatment standards and requirements. Two copies of the submission shall be provided to the Department.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 1-8-97, 5-10-10, 9-20-21.

Fla. Admin. Code R. 62-625.510 Pretreatment Program Review and Approval Procedures

(1) Completeness review. Within 60 days of receiving a request for approval of a pretreatment program, the Department shall determine if the submission meets the requirements of paragraph 62-625.500(4)(a), F.A.C. If the Department determines that the submission meets these requirements, the Department shall:

(a) Notify the public utility that the submission has been received and is under review; and,

(b) Commence the public notice and evaluation activities set forth in subsection (2), below. If, after review of the submission, the Department determines that the submission does not comply with the requirements of paragraph 62-625.500(4)(a), F.A.C., the Department shall provide notice in writing to the public utility and each person who has requested individual notice. This notification shall identify any defects in the submission and advise the public utility, and each person who has requested individual notice, of the means by which the public utility can comply with the requirements of subsections 62-625.500(2) and (3), F.A.C.

(2) Public notice and opportunity for hearing. Within 20 working days after making a determination that a submission meets the requirements of paragraph 62-625.500(4)(a), F.A.C., the Department shall:

(a) Provide the public utility with a copy of a notice of request for approval of a pretreatment program. The public utility shall publish the notice in a newspaper(s) of general circulation within the jurisdiction served by the WWF, that meets the requirements of Sections 50.011 and 50.031, F.S., within 14 days of receipt of the request for publication. The public utility shall provide proof of publication to the Department, at the address specified in the request for publication, within 7 days of publication;

(b) Mail the notice of request for approval to all Federal and State agencies with jurisdiction over fish, shellfish and wildlife resources, and over coastal zone management plans, unless such agencies have asked not to be sent the notices. Those agencies include U.S. Advisory Council on Historic Preservation, U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Florida Department of State, Division of Historical Resources, the Florida Fish and Wildlife Conservation Commission, the Florida Department of Community Affairs, the unit of local government having jurisdiction over the area where the WWF is located, and any other person or group who has requested individual notice, including those on appropriate mailing lists;

(c) Provide a period of not less than 30-days following the date of the public notice during which time interested persons may submit their written views on the submission. All written comments submitted during the 30-day comment period shall be retained by the Department and considered in the decision on whether or not to approve the submission to the Department. The period for comment may be extended by the Department;

(d) Provide an opportunity for the public utility, any affected State, any interested State or Federal agency, person or group of persons to request a public hearing with respect to the submission. This request for public hearing shall be filed within the 30-day (or extended) comment period described in paragraph (c), above, and shall indicate the interest of the person filing such request and the reasons why a hearing is warranted;

(e) Hold a hearing in accordance with paragraph (d), above, if there is significant public interest in issues relating to whether or not the submission should be approved. Instances of doubt shall be resolved in favor of holding the hearing; and,

(f) Provide the public utility with a copy of a notice of a hearing to consider a submission, if any hearing is requested. The notice shall be published by the public utility in the same newspaper as the notice of the original request for approval of the submission under paragraph (a), above. In addition, the notice of a hearing shall be sent by the Department to those persons requesting individual notice.

(3) Public access to submission. The Department shall ensure that the submission and any comments upon such submission are available to the public for inspection and copying. A copy of the submission shall also be made available to the public for inspection by the public utility.

(4) Deadline for review of submission. The Department shall have 90 days from the date of public notice of any submission complying with the requirements of paragraph 62-625.500(4)(a), F.A.C., to review the submission. The Department shall review the submission to determine compliance with the requirements of subsections 62-625.500(2) and (3), F.A.C. The Department shall have up to an additional 90 days to complete the evaluation of the submission if the public comment period provided for in paragraph (2)(c), above, is extended beyond 30 days or if a public hearing is held as provided for in paragraph (2)(e), above. In no event, however, shall the time for evaluation of the submission exceed a total of 180 days from the date of public notice of a submission meeting the requirements of paragraph 62-625.500(4)(a), F.A.C.

(5) Department decision. At the end of the 30-day (or extended) comment period and within the 90-day (or extended) period provided for in subsection (4), above, the Department shall approve or deny the submission based upon the evaluation in subsection (4), above, taking into consideration comments submitted during the comment period and the record of the public hearing if held. Where the Department makes a determination to deny the request, the Department shall so notify the public utility and each person who has requested individual notice. The notification shall include suggested modifications and the Department shall allow the public utility additional time to bring the submission into compliance with applicable requirements.

(6) EPA review of Department’s decision. No pretreatment program shall be approved by the Department if, following the 30-day (or extended) evaluation period provided for in paragraph (2)(c), above, and any hearing held as provided for in paragraph (2)(e), above, the EPA Regional Administrator sets forth, in writing, objections to the approval of such submission and the reasons for such objections. A copy of the EPA Regional Administrator’s objections will be provided to the public utility and each person who has requested individual notice. The EPA Regional Administrator will provide an opportunity for written comments and may convene a public hearing on his or her objections. Unless retracted, the EPA Regional Administrator’s objections shall result in a final ruling to deny approval of a pretreatment program 90 days after the date the objections are issued.

(7) Notice of decision. The Department shall notify those persons who submitted comments and participated in the public hearing, if held, of the approval or disapproval of the submission. In addition, the Department shall require the public utility to publish a notice of approval or disapproval, prepared by the Department, in the same newspaper as the original notice of request for approval of the submission was published.

(8) Permit reissuance or revision. If a WWF is required to develop a pretreatment program, the Department shall revise, or alternatively revoke and reissue, the WWF’s permit in order to incorporate requirements for pretreatment program development and implementation as enforceable conditions of the permit. The revision of a WWF’s permit for the purpose of incorporating these requirements shall be deemed a minor permit revision subject to the procedures in Rule 62-620.325, F.A.C.

History

• Rulemaking Authority 403.061(7), (31), 403.0885, 403.815 FS. Law Implemented 403.0885, 403.815 FS. History–New 11-29-94, Amended 1-8-97, 5-10-10.

Fla. Admin. Code R. 62-625.540 Modification of Pretreatment Programs

(1) General. Pretreatment programs shall be modified in accordance with this rule whenever there is a significant change in the operation of a pretreatment program that differs from the information in the control authority’s submission to the Department, as approved under Rule 62-625.510, F.A.C.

(2) Procedures. Pretreatment program modifications shall be accomplished as follows:

(a) For substantial modifications, as defined in subsection (3), below.

1. The control authority shall submit to the Department a statement of the basis for the desired modification, a modified program description in accordance with paragraph 62-625.500(4)(a), F.A.C., and such other documents the Department determines to be necessary under the requirements of this chapter,

2. The Department shall approve or disapprove the modification based on the requirements of subsection 62-625.500(2), F.A.C., following the procedures in Rule 62-625.510, F.A.C.,

3. If not already incorporated into the WWF’s permit, the modification shall be incorporated after approval in accordance with Rule 62-620.325, F.A.C.; and,

4. The modification shall become effective upon approval by the Department. Publication of the notice of approval is not required provided that no substantive comments are received by the date specified in the notice of request for approval and the request is approved without change. Otherwise, notice of approval of the modification, prepared by the Department, shall be published by the control authority in the same newspaper as the original notice of request for approval in accordance with paragraph 62-625.510(2)(a), F.A.C.; and,

(b) The control authority shall notify the Department of any non-substantial modifications to its pretreatment program at least 45 days prior to when they are to be implemented by the control authority, in a statement similar to that provided for in subparagraph (a)1., above. Such non-substantial program modifications shall be deemed to be approved by the Department 45 days after the submission of the control authority’s statement unless the Department determines that a modification submitted is a substantial modification. Following such “approval” by the Department, if not already incorporated in to the WWF’s permit, such modifications shall be incorporated in accordance with Rule 62-620.325, F.A.C. If the Department determines that a modification reported by a control authority in its statement is in fact a substantial modification, the Department shall notify the control authority and initiate the procedures in paragraph (a), above.

(3) Substantial modifications.

(a) The following are substantial modifications for purposes of this chapter:

1. Changes to the control authority’s legal authority;

2. Changes to local limits which result in less stringent local limits, except for modifications to local limits for pH and or reallocations of the maximum allowable industrial loading of a pollutant that does not increase the total industrial loadings for that pollutant, which are reported in accordance with paragraph (2)(b), above;

3. Changes to the control authority’s control mechanism, as described in subparagraph 62-625.500(2)(a)2., F.A.C.;

4. A decrease in the frequency of self-monitoring or reporting required of industrial users;

5. A decrease in the frequency of industrial user inspections or sampling by the control authority;

6. Changes to the control authority’s confidentiality procedures;

(b) A modification that is not included in paragraph (a), above, is nonetheless a substantial modification for purposes of this chapter if the modification:

1. Would have a significant impact on the operation of the pretreatment program;

2. Would result in an increase in pollutant loadings at the WWF; or

3. Would result in less stringent requirements being imposed on industrial users.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 5-10-10.

Fla. Admin. Code R. 62-625.600 Reporting Requirements for Control Authorities and Industrial Users

(1) Baseline Report for industrial users upon effective date of categorical pretreatment standard. Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination request under paragraph 62-625.410(2)(d), F.A.C., whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to, or scheduled to discharge to a WWF shall submit to the control authority a report which contains the information listed in paragraphs (a)-(g), below. At least 90 days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, shall submit to the control authority a report which contains the information listed in paragraphs (a)-(e), below. New sources shall include in this report information on the method of pretreatment it intends to use to meet applicable pretreatment standards. New sources shall give estimates of the information requested in paragraphs (d) and (e), below.

(a) Identifying information. The industrial user shall submit the name and address of the facility, including the name of the operator and owners.

(b) Permits. The industrial user shall submit a list of any pollution control permits held by or for the facility.

(c) Description of operations. The industrial user shall submit a brief description of the nature, average rate of production, and Standard Industrial Classification (SIC) codes of the operations carried out by such industrial user. This description shall include a schematic process diagram which indicates points of discharge to the WWF from the regulated processes.

(d) Flow measurement. The industrial user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the WWF from each of the following:

1. Regulated process streams; and,

2. Other streams as necessary to allow use of the combined waste stream formula of subsection 62-625.410(6), F.A.C. The control authority shall allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(e) Measurement of pollutants.

1. The industrial user shall identify the pretreatment standards applicable to each regulated process.

2. In addition, the industrial user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the pretreatment standard or control authority) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.

3. The industrial user shall take a minimum of one representative sample to demonstrate data is in compliance with these requirements.

4. Samples shall be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the industrial user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula of subsection 62-625.410(6), F.A.C., in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with subsection 62-625.410(6), F.A.C., this adjusted limit, along with supporting data, shall be submitted to the control authority.

5. All activities related to sampling and analysis shall comply with paragraphs (6)(d) and (e), and Chapter 62-160, F.A.C.

a. Sampling activities shall be performed according to procedures specified in “The Department of Environmental Protection Standard Operating Procedures for Field Activities,” DEP-SOP-001/01, January 2017, adopted and incorporated by reference in paragraph 62-160.800(1)(a), F.A.C. A copy of this document made be obtained from the Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

b. Analytical tests shall be performed in accordance with applicable test procedures identified in 40 C.F.R. Part 136, as of July 1, 2009, hereby adopted and incorporated by reference. If a test for a specific component is not listed in 40 C.F.R. Part 136, or if the test procedure has been determined to be inappropriate for the analyte in question (e.g., insufficient sensitivity) the laboratory, with the approval of the industrial user and control authority, shall identify and propose a method for use in accordance with Rules 62-160.300 and 62-160.330, F.A.C.

c. If a sampling procedure is not available or none of the approved procedures are appropriate for collecting the samples, the sampling organization, with the approval of the industrial user and control authority, shall identify and propose a method for use in accordance with Rule 62-160.220, F.A.C.

6. The industrial user may submit a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

7. The baseline report shall indicate the time, date and place, of sampling; methods of analysis; and test results for each component and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the WWF.

(f) Certification. A statement, reviewed by an authorized representative of the industrial user indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O & M) or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.

(g) Compliance schedule. If additional pretreatment or O & M will be required to meet the pretreatment standards, the industrial user shall provide such additional pretreatment or O & M as specified in a compliance schedule. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

1. If the categorical pretreatment standard has been modified by the combined waste stream formula in accordance with subsection 62-625.410(6), F.A.C., a removal credit in accordance with Rule 62-625.420, F.A.C., or a fundamentally different factor variance in accordance with Rule 62-625.700, F.A.C., at the time the industrial user submits the report required by this subsection, the information requested in paragraphs (f) and (g), of this subsection, shall pertain to the modified limits.

2. If the categorical pretreatment standard is modified by the combined waste stream formula, a removal credit, or a fundamentally different factor variance after the industrial user submits the report required by this subsection, any necessary amendment to the information requested in paragraphs (f) and (g), of this subsection, shall be submitted by the industrial user to the control authority within 60 days after the modified limit is approved.

(2) Compliance schedule and progress reports for meeting categorical pretreatment standards. The following conditions shall apply to the compliance schedule required by paragraph (1)(g), above:

(a) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction).

(b) No increment referred to in paragraph (a), above, shall exceed 9 months.

(c) Within 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the control authority.

(3) Final report on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the WWF, any industrial user subject to pretreatment standards and requirements shall submit to the control authority a report containing the information described in paragraphs (1)(d)-(f), above. For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in subsection 62-625.410(4), F.A.C., this report shall contain a reasonable measure of the industrial user’s long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user’s actual production during the appropriate sampling period.

(4) Periodic reports on continued compliance.

(a) Any industrial user subject to a categorical pretreatment standard, except a non-significant categorical industrial user, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the WWF, shall submit to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority in accordance with paragraphs (6)(c), (d), and (e), below, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in paragraph (1)(d), above, except that the control authority shall require more detailed reporting of flows if necessary to comply with the requirements of this rule. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the industrial user. The industrial user may request submission of the above reports in months other than June and December if, based on such factors as local high or low flow rates, holidays, or budget cycles, the alternate dates more accurately represent actual operating conditions.

(b) The control authority may authorize the industrial user subject to a categorical pretreatment standard to waive sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user demonstrates the following through sampling and other technical factors:

1. The pollutant is neither present nor expected to be present in the discharge, or the pollutant is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user; and,

2. The pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.

(c) This authorization of the monitoring waiver is subject to the following conditions and does not supersede certification processes and requirements established in categorical pretreatment standards, except as specified in the categorical pretreatment standard:

1. The monitoring waiver is valid only for the duration of the effective period of the permit or other equivalent individual control mechanism, but in no case longer than 5 years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.

2. In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes. Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the Department approved method from Rule 62-4.246, F.A.C., with the lowest method detection limit for that pollutant was used in the analysis.

3. The request for a monitoring waiver must be signed in accordance with subsection (11), below, and include the certification statement found in subparagraph 62-625.410(2)(b)2., F.A.C.

4. The authorization must be included as a condition in the industrial user’s control mechanism. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the control authority for 3 years after expiration of the waiver.

5. Upon approval of the monitoring waiver and revision of the industrial user’s control mechanism by the control authority, the industrial user must certify each report with the following statement: “Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 C.F.R. [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under paragraph 62-625.600(4)(a), F.A.C.”

6. In the event that a waived pollutant is found to be present, or is expected to be present, based on changes that occur in the industrial user’s operations, the industrial user must immediately notify the control authority and comply with the monitoring requirements of paragraph (4)(a), above, or other more frequent monitoring requirements imposed by the control authority.

(d) The control authority may reduce the requirement in paragraph (4)(a), above, to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the Department, where the industrial user meets all of the following conditions:

1. The industrial user’s total categorical wastewater flow does not:

a. Exceed 0.01 percent of the design dry weather hydraulic capacity of the WWF, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;

b. Exceed 0.01 percent of the design dry weather organic treatment capacity of the WWF; and,

c. Exceed 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed for a WWF in accordance with subsection 62-625.400(3), F.A.C.

2. The industrial user has not been in significant noncompliance in the past two years; and,

3. The industrial user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period pursuant to paragraph (6)(c), below.

(e) The industrial user must notify the control authority immediately of any changes at its facility causing it to no longer meet conditions of subparagraph (4)(d)1. or (4)(d)2., above. Upon notification, the industrial user must immediately begin complying with the minimum reporting in paragraph (4)(a), above.

(f) Where the control authority has imposed mass limitations on industrial users as provided for by subsection 62-625.410(5), F.A.C., the report required by paragraph (a), above, shall indicate the mass of pollutants regulated by pretreatment standards in the discharge from the industrial user.

(g) For industrial users subject to equivalent mass or concentration limits established by the control authority in accordance with the procedures in subsection 62-625.410(4), F.A.C., the report required by paragraph (a), above, shall contain a reasonable measure of the industrial user’s long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by paragraph (a), above, shall include the industrial user’s actual average production rate for the reporting period.

(5) Notice of potential problems, including slug discharges. All categorical and significant noncategorical industrial users shall notify the control authority and WWF immediately of all discharges that could cause problems to the WWF, including any slug discharges and prohibited discharges, as defined by subsection 62-625.400(2), F.A.C.

(6) Monitoring and analysis to demonstrate continued compliance.

(a) Except in the case of non-significant categorical industrial users, the reports required in subsections (1), (3), and (4), above, shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained therein which are limited by the applicable pretreatment standards. This sampling and analysis may be performed by the control authority in lieu of the industrial user, except when the Department is acting as the control authority. Where the control authority performs the required sampling and analysis in lieu of the industrial user, the industrial user shall not be required to submit the compliance certification required under paragraph (1)(f) and subsection (3), above. In addition, where the control authority itself collects all the information required for the report, including flow data, the industrial user shall not be required to submit the report. All laboratory analytical reports prepared by the industrial user or the control authority shall comply with Rule 62-160.340, F.A.C.

(b) If sampling performed by an industrial user indicates a violation, the industrial user shall notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation. Where the control authority has performed the sampling and analysis in lieu of the industrial user, the control authority must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if:

1. The control authority performs sampling at the industrial user at a frequency of at least once per month; or

2. The control authority performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the industrial user or the control authority receives the results of the sampling.

(c) The reports required in subsections (1), (3), (4) and (7), shall be based upon data obtained through sampling and analysis performed during the period covered by the report. These data shall be representative of conditions occurring during the reporting period. The control authority shall require a frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

(d) For all sampling required by this chapter, grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the sample must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility. Using protocols (including appropriate preservation) specified in Chapter 62-160, F.A.C., and DEP-SOP-001/01, multiple grabs collected during a 24-hour period may be composited prior to analysis as follows:

1. Samples for cyanide, total phenols, and sulfides may be composited in the laboratory or in the field;

2. Samples for volatile organics and oil and grease may be composited in the laboratory; and,

3. Composite samples for other parameters unaffected by the compositing procedures as allowed in the Department’s approved sampling procedures and laboratory methodologies may be authorized by the control authority, as appropriate.

(e) Oil and grease samples shall be collected in accordance with paragraph (6)(d), above, unless the sampling location or point cannot be physically accessed to perform a direct collection of a grab sample. In these instances, the sample shall be pumped from the sampling location or point into the sample container using a peristaltic-type pump. All pump tubing used for sample collection must be new or pre-cleaned and must be changed between sample containers and sample points. The pump tubing shall not be pre-rinsed or flushed with sample prior to collecting the sample. The report of analysis shall indicate that a peristaltic pump was used to collect the oil and grease sample.

(f) Sampling required in support of baseline monitoring and 90-day compliance reports required in subsections (1) and (3), above, shall be conducted as follows:

1. For industrial users where historical sampling data do not exist, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds.

2. For industrial users where historical sampling data are available, the control authority may authorize a lower minimum.

(g) For the reports required by subsections (4) and (7), the control authority shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

(h) If an industrial user subject to the reporting requirement in subsection (4) or (7), monitors any regulated pollutant at the appropriate monitoring location more frequently than required by the control authority, using the procedures required by paragraph (6)(d), above, the results of this monitoring shall be included in the report.

(7) Reporting requirements for industrial users not subject to categorical pretreatment standards.

(a) The control authority must require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards. Significant non-categorical industrial users must submit to the control authority at least once every six months (on dates specified by the control authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the control authority. In cases where a local limit requires compliance with a best management practice or pollution prevention alternative, the industrial user must submit documentation required by the control authority to determine the compliance status of the industrial user.

(b) The reports must be based on sampling and analysis performed in the period covered by the report, and are subject to the same requirements specified in paragraphs (6)(d) and (e), above. The sampling and analysis may be performed by the control authority in lieu of the significant non-categorical industrial user and is subject to the same requirements specified in paragraphs (6)(d) and (e), above, except when the Department is acting as the control authority. Where the control authority itself collects all the information required for the report, the significant non-categorical industrial user shall not be required to submit the report. All laboratory analytical reports prepared by the industrial user or the control authority shall comply with Rule 62-160.340, F.A.C.

(8) Annual control authority reports. Control authorities shall provide the Department with a report that briefly describes the control authority’s program activities, including activities of all participating agencies if more than one jurisdiction is involved in the pretreatment program. The report shall be submitted no later than one year after approval of the pretreatment program, and at least annually thereafter as specified in the WWF’s permit, and shall include at a minimum, the following:

(a) An updated list of the WWF’s industrial users, including their names and addresses, or a list of deletions and additions keyed to a previously submitted list. The control authority shall provide a brief explanation of each deletion. This list shall identify which industrial users are subject to categorical pretreatment standards and specify which standards are applicable to each industrial user. The list shall indicate which industrial users are subject to local standards that are more stringent than the categorical pretreatment standards. The control authority shall also list the industrial users that are subject only to the local requirements. The list must also identify industrial users subject to categorical pretreatment standards that are subject to reduced reporting requirements under paragraph (4)(d), above, and identify which industrial users are non-significant categorical industrial users.

(b) A summary of the status of industrial user compliance over the reporting period;

(c) A summary of compliance and enforcement activities (including inspections) conducted by the control authority during the reporting period;

(d) A summary of changes to the control authority’s pretreatment program that have not been previously reported to the Department;

(e) A summary of analytical results of the influent and effluent for each WWF covered by the pretreatment program for those conventional pollutants that are identified under 40 C.F.R. Part 401.16, as of July 1, 2009, hereby adopted and incorporated by reference, and any additional parameters that are routinely reported according to each WWF wastewater permit. The analytical summary shall provide monthly averages for influent, effluent, and the percent removal for each of the the conventional pollutants;

(f) A summary of all analytical results of influent and effluent for each WWF covered by the pretreatment program for those toxic pollutants that have been identified under 40 C.F.R. Part 122, Appendix D, Tables II and III, as of July 1, 2009, hereby adopted and incorporated by reference, with the exception of acrolein and acrylonitrile;

(g) A summary of all analytical results of biosolids for each WWF covered by the pretreatment program for those pollutants identified under 40 C.F.R. Part 503.13, (“Land Application: Pollutant Limits” codified as of July 1, 2020, which is hereby adopted and incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13622). A copy of this document may be obtained by contacting the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399; and,

(h) A summary of analytical results of influent and effluent for each WWF covered by the pretreatment program for those nonpriority pollutants which the permittee believes may be causing or contributing to interference, pass though or adversely impacting biosolids quality.

(9) Notification of changed discharge. All industrial users shall promptly notify the control authority, (and the public utility if the public utility is not the control authority) in advance of any change in the volume or character of pollutants in their discharge that may result in pass through or interference at the WWF, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under subsection (15), below.

(10) Compliance schedule for control authorities. The following conditions and reporting requirements shall apply to the compliance schedule for development of a pretreatment program required by Rule 62-625.500, F.A.C.:

(a) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the development and implementation of a pretreatment program (e.g., acquiring required authority, developing funding mechanisms, acquiring equipment);

(b) No increment referred to in paragraph (a) above shall exceed 9 months; and,

(c) Within 14 days following each date in the schedule and the final date for compliance, the control authority shall submit a progress report to the Department including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps taken by the control authority to return to the schedule established. In no event shall more than 9 months elapse between such progress reports to the Department.

(11) Signatory requirements for industrial user reports. The reports required by subsections (1), (3), (4), and (7), above, shall include the certification statement as set forth in subparagraph 62-625.410(2)(b)2., F.A.C., and shall be signed as follows:

(a) By a responsible corporate officer, if the industrial user submitting the reports required by subsections (1), (3), (4), and (7), above, is a corporation;

(b) By a general partner or proprietor, if the industrial user submitting the reports required by subsections (1), (3), (4), and (7), above, is a partnership or sole proprietorship respectively;

(c) By a duly authorized representative of the individual designated in paragraph (a) or (b), above if:

1. The authorization is made in writing by the individual described in paragraph (a) or (b), above;

2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, (such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility) or having overall responsibility for environmental matters for the company; and,

3. The written authorization is submitted to the control authority,

(d) If an authorization under paragraph (c), above, is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (c), above, must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative; or

(e) By a duly authorized municipal official, if the industrial user submitting the reports required in subsections (1), (3), (4), and (7), above, is a municipal department.

(12) Signatory requirements for control authority reports. Reports submitted to the Department by the control authority in accordance with subsection (8), above, must be signed by a principal executive officer, ranking elected official, or other duly authorized employee. The duly authorized employee must be an individual or position having responsibility for the overall operation of the WWF or the pretreatment program. This authorization must be made in writing by the principal executive officer or ranking elected official, and submitted to the Department prior to or together with the report being submitted.

(13) Provisions governing fraud and false statements. Any person, including a responsible corporate officer, submitting or maintaining reports and other documents required under this chapter shall be subject to the civil and criminal penalties of Section 403.161, F.S., for any falsification described in that section.

(14) Record-keeping requirements.

(a) Any industrial user and control authority subject to the reporting requirements established in this chapter shall maintain records of all information resulting from any monitoring activities required by this chapter, including documentation associated with best management practices. All sampling and analysis activities shall be subject to the record-keeping requirements specified in Chapter 62-160, F.A.C.

(b) Any industrial user or control authority subject to the reporting requirements established in this chapter, including documentation associated with best management practices, shall be required to retain for a minimum of 3 years any records of monitoring activities and results (whether or not such monitoring activities are required by this chapter) and shall make such records available for inspection and copying by the Department (and control authority in the case of an industrial user). This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or control authority.

(c) Any control authority to which reports are submitted by an industrial user in accordance with subsections (1), (3), (4) and (7), above, shall retain such reports for a minimum of 3 years and shall make such reports available for inspection and copying by the Department. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of the pretreatment program.

(d) The control authority must retain documentation to support the control authority’s determination that a specific industrial user qualifies for reduced reporting requirements under paragraph (4)(d), above, for a period of 3 years after the expiration of the term of the control mechanism.

(15) Provisions governing hazardous waste.

(a) The industrial user shall notify the control authority and the Department’s hazardous waste and pretreatment authorities in writing of any discharge into the WWF of a substance which, if otherwise disposed of, would be hazardous waste under Chapter 62-730, F.A.C. Such notification must include the name of the hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the WWF, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user:

1. An identification of the hazardous constituents contained in the wastes;

2. An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and,

3. An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.

Industrial users who commence discharging after the effective date of this chapter shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under subsection (9), above. The notification requirement in this subsection does not apply to pollutants already reported under the self-monitoring requirements of subsections (1), (3), and (4), above.

(b) Discharges are exempt from the requirements of paragraph (a), above, during a calendar month in which they discharge no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in Chapter 62-730, F.A.C. Discharge of more than fifteen kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in Chapter 62-730, F.A.C., requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.

(c) In the case of any new Department regulations identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the control authority and the Department’s hazardous waste and pretreatment authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(d) In the case of any notification made under this subsection, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(16) All control authorities shall provide to the Department a written technical evaluation regarding the need to revise local limits. At a minimum, the evaluation shall be provided within 180 days following permit issuance or reissuance. All control authorities covered under a permit with a ten year duration shall also provide an evaluation within 180 days of the five year aniversary of the permit issuance or reissuance. The evaluation shall verify whether existing local limits protect the WWF, and if not, shall develop new local limits as part of the evaluation. For new local limits, a plan of study shall be submitted to the Department prior to initiating sampling required to develop the new local limit.

(17) Annual certification by non-significant categorical industrial users. An industrial user determined to be a non-significant categorical industrial user in accordance with paragraph 62-625.200(25)(c), F.A.C., must annually submit the following certification statement, signed in accordance with the signatory requirements in subsection (11), above. The certification must accompany any alternative report required by the control authority: “Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 C.F.R. [specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [month, day, year]:

(a) The facility described as [industrial user name] met the definition of a non-significant categorical industrial user as described in paragraph 62-625.200(25)(c), F.A.C.;

(b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and,

(c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: [documentation of basis to continue exemption].”

History

• Rulemaking Authority 403.061(7), (31), 403.0885, 403.161 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 1-8-97, 5-10-10, 10-20-21.

Fla. Admin. Code R. 62-625.700 Fundamentally Different Factors Variance

(1) In establishing categorical pretreatment standards for existing sources, the EPA takes into account all the information it can collect, develop and solicit regarding the factors relevant to pretreatment standards under Section 307(b) of the CWA. In some cases, information which may affect these pretreatment standards will not be available or, for other reasons, will not be considered during their development. As a result, it may be necessary on a case-by-case basis to adjust the limits in categorical pretreatment standards, making them either more or less stringent, as they apply to a certain industrial user within an industrial category or subcategory. This will only be done if data specific to that industrial user indicates it presents factors fundamentally different from those considered by EPA in developing the limit at issue. Any interested person or industrial user believing that factors relating to an industrial user are fundamentally different from the factors considered during development of a categorical pretreatment standard applicable to that industrial user and further, that the existence of those factors justifies a different discharge limit than specified in the applicable categorical pretreatment standard, may request a fundamentally different factors variance under this rule or such a variance request may be initiated by the EPA.

(2) Criteria.

(a) General criteria. A request for a variance based upon fundamentally different factors shall be approved only if:

1. There is an applicable categorical pretreatment standard which specifically controls the pollutant for which alternative limits have been requested,

2. Factors relating to the discharge controlled by the categorical pretreatment standards are fundamentally different from the factors considered by EPA in establishing the pretreatment standards; and,

3. The request for a variance is made in accordance with the procedural requirements in subsections (6) and (7), below.

(b) Criteria applicable to less stringent limits. A variance request for the establishment of limits less stringent than required by the pretreatment standard shall be approved only if:

1. The alternative limit requested is no less stringent than justified by the fundamental difference;

2. The alternative limit will not result in a violation of prohibitive discharge standards prescribed by or established under Rule 62-625.400, F.A.C.;

3. The alternative limit will not result in a non-water quality environmental impact (including energy requirements) fundamentally more adverse than the impact considered during development of the pretreatment standards; and,

4. Compliance with the pretreatment standards (either by using the technologies upon which the pretreatment standards are based or by using other control alternatives) would result in either:

a. A removal cost (adjusted for inflation) wholly out of proportion to the removal cost considered during development of the pretreatment standards; or

b. A non-water quality environmental impact (including energy requirements) fundamentally more adverse than the impact considered during development of the pretreatment standards.

(c) Criteria applicable to more stringent limits. A variance request for the establishment of limits more stringent than required by the pretreatment standards shall be approved only if:

1. The alternative limit request is no more stringent than justified by the fundamental difference; and,

2. Compliance with the alternative limit would not result in either:

a. A removal cost (adjusted for inflation) wholly out of proportion to the removal cost considered during development of the pretreatment standards; or

b. A non-water quality environmental impact (including energy requirements) fundamentally more adverse than the impact considered during development of the pretreatment standards.

(3) Factors considered fundamentally different. Factors which shall be considered fundamentally different are:

(a) The nature or quality of pollutants contained in the raw waste load of the industrial user’s process wastewater;

(b) The volume of the industrial user’s process wastewater and effluent discharged;

(c) Non-water quality environmental impact of control and treatment of the industrial user’s raw waste load;

(d) Energy requirements of the application of control and treatment technology;

(e) Age, size, land availability, and configuration as they relate to the industrial user’s equipment or facilities; processes employed; process changes; and engineering aspects of the application of control technology; and,

(f) Cost of compliance with required control technology.

(4) Factors which will not be considered fundamentally different. A variance request or portion of such a request under this section shall not be granted on any of the following ground:

(a) The feasibility of installing the required waste treatment equipment within the time the CWA allows;

(b) The assertion that the pretreatment standards cannot be achieved with the appropriate waste treatment facilities installed, if such assertion is not based on factors listed in subsection (3), above;

(c) The industrial user’s ability to pay for the required waste treatment; or

(d) The impact of a discharge on the quality of the WWF’s receiving waters.

(5) State or local law. Nothing in this section shall be construed to impair the right of the State of Florida or any locality to impose more stringent limitations than required by Federal law.

(6) Application deadline.

(a) Requests for a variance and supporting information must be submitted in writing to the Department.

(b) In order to be considered, a request for a variance must be submitted no later than 180 days after the date on which a categorical pretreatment standard is published in the Federal Register.

(c) Where the industrial user has requested a categorical determination pursuant to subsection 62-625.410(2), F.A.C., the industrial user may elect to wait for the results of the category determination before submitting a variance request under this section. Where the industrial user so elects, it must submit the variance request within 30 days after a final decision has been made on the categorical determination pursuant to paragraph 62-625.410(2)(d), F.A.C.

(7) Application contents. Written submissions for variance requests must include:

(a) The name and address of the person making the request;

(b) Identification of the interest of the requester which is affected by the categorical pretreatment standard for which the variance is requested;

(c) Identification of the WWF currently receiving the wastewater from the industrial user for which alternative discharge limits are requested;

(d) Identification of the categorical pretreatment standards which are applicable to the industrial user;

(e) A list of each pollutant or pollutant parameter for which an alternative discharge limit is sought;

(f) The alternative discharge limits proposed by the requester for each pollutant or pollutant parameter identified in paragraph (e), above;

(g) A description of the industrial user’s existing wastewater treatment facilities;

(h) A schematic flow representation of the industrial user’s water system including water supply, process wastewater systems, and points of discharge; and,

(i) A statement of facts clearly establishing why the variance request should be approved, including detailed support data, documentation, and evidence necessary to fully evaluate the merits of the request (e.g., technical and economic data collected by the EPA and used in developing each pollutant discharge limit in the pretreatment standard.)

(8) Deficient applications. The Department will only act on written requests for variances that contain all of the information required. Persons who have made incomplete applications will be notified by the Department that their requests are deficient and will be given thirty days, from the date of the notification, to remedy the deficiency. If the deficiency is not corrected within the time period allowed by the Department, the request for a variance shall be denied.

(9) Public notice. Upon receipt of a complete request, the Department will provide notice of receipt, opportunity to review the submission, and opportunity to comment.

(a) The public notice shall be circulated in a manner designed to inform interested and potentially interested persons of the request. Procedures for the circulation of public notice shall include mailing notices to:

1. The applicable control authority and the WWF into which the industrial user requesting the variance discharges;

2. Adjoining states whose waters may be affected; and,

3. All Federal and State agencies with jurisdiction over fish, shellfish and wildlife resources, and over coastal zone management plans. Those agencies include the U.S. Council on Historic Preservation, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Florida Department of State, Division of Historical Resources, the Florida Fish and Wildlife Conservation Commission, the Florida Department of Community Affairs, the unit of local government having jurisdiction over the area where the WWF is located, and any other person or group who has requested individual notice, including those on appropriate mailing lists.

(b) The public notice shall provide for a period not less than 30 days following the date of the public notice during which time interested persons may review the request and submit their written views on the request.

(c) Following the comment period, the Department will make a determination on the request taking into consideration any comments received. Notice of this final decision shall be provided to the requester (and the industrial user for which the variance is requested if different), the control authority, the WWF into which the industrial user discharges and all persons who submitted comments on the request.

(10) Review of requests by the state.

(a) Where the Department finds that fundamentally different factors do not exist, it shall deny the request and notify the requester (and industrial user where they are not the same), the control authority and the WWF of the denial.

(b) Where the Department finds that fundamentally different factors do exist, it shall forward the request, with a recommendation that the request be approved, to the EPA Administrator (or delegate).

(11) Review of requests by EPA.

(a) Where the EPA Administrator (or delegate) finds that fundamentally different factors do not exist, he or she shall deny the request for a variance and send a copy of his or her determination to the Department, the control authority, the WWF, and the requester (and to the industrial user, where they are not the same).

(b) Where the EPA Administrator (or delegate) finds that fundamentally different factors do exist, and that a partial or full variance is justified, he or she will approve the variance. In approving the variance, the EPA Administrator (or delegate) will:

1. Prepare recommended alternative discharge limits for the industrial user either more or less stringent than those prescribed by the applicable categorical pretreatment standards to the extent warranted by the demonstrated fundamentally different factors:

2. Provide the following information in his written determination;

a. The recommended alternative discharge limits for the industrial user concerned;

b. The rationale for the adjustment of the pretreatment standard (including the reasons for recommending that the variance be granted) and an explanation of how the recommended alternative discharge limits were derived;

c. The supporting evidence submitted to the EPA Administrator (or delegate); and,

d. Other information considered by the EPA Administrator (or delegate) in developing the recommended alternative discharge limits;

3. Notify the Department, the control authority, and the WWF of his or her determination; and,

4. Send the information described in subparagraphs (b)1. and 2., above, to the requester (and to the industrial user where they are not the same).

(12) Request for hearing.

(a) Within 30 days following the date of receipt of the notice of the decision of the EPA Administrator’s delegate on a variance request, the requester or any other interested person may submit a petition to the EPA Regional Administrator for a hearing to reconsider or contest the decision. If such a request is submitted by a person other than the industrial user, the person shall simultaneously serve a copy of the request on the industrial user.

(b) If the EPA Regional Administrator declines to hold a hearing and the EPA Regional Administrator affirms the findings of the EPA Administrator’s delegate, the requester may submit a petition for a hearing to the EPA Administrator within 30 days of the EPA Regional Administrator’s decision.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 1-8-97, 5-10-10.

Fla. Admin. Code R. 62-625.800 Confidentiality

(1) Authority. In accordance with Chapter 119, F.S., all information and documents submitted to the Department are considered to be public information, and as such are available to the public for reading and copying. However, in accordance with Section 403.111, F.S., any information submitted to the Department in accordance with this chapter may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the words “confidential business information” on each page containing such information. If no claim is made at the time of submission, the Department shall make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in Section 403.111, F.S.

(2) Effluent data. Effluent information and data provided to the control authority in accordance with this chapter shall be available to the public without restriction.

History

• Rulemaking Authority 403.061(7), (31), 403.0885, 403.111 FS. Law Implemented 403.0885, 403.08851 FS. History–New 11-29-94.

Fla. Admin. Code R. 62-625.820 Net/Gross Calculation

(1) Application. Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user’s intake water in accordance with this chapter. Any industrial user wishing to obtain credit for intake pollutants must make application to the control authority.

(2) Upon request of the industrial user, the applicable standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the following requirements are met:

(a) Either:

1. The applicable categorical pretreatment standards contained in 40 C.F.R. Chapter I, Subchapter N, Parts 405 through 471 specifically provide that they shall be applied on a net basis; or

2. The industrial user demonstrates that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.

(b) Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease shall not be granted unless the industrial user demonstrates that the constituents of the generic measure in the industrial users effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

(c) Credit shall be granted only to the extent necessary to meet the applicable categorical pretreatment standard, up to a maximum value equal to the influent value. If sufficient data does not exist, additional monitoring shall be required to determine eligibility for credit and compliance with pretreatment standards adjusted under this rule.

(d) Credit shall be granted only if the industrial user demonstrates that the intake water is drawn from the same body of water as that into which the WWF discharges. If the control authority desires to waive this requirement, the control authority shall submit a written request to the Department for approval. The Department will grant approval for the waiver if the control authority provides technical documentation that no environmental degradation will result in the receiving water body.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 1-8-97, 5-10-10.

Fla. Admin. Code R. 62-625.840 Upset Provision

(1) An upset does not constitute noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(2) Effect of an upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (3), below, are met.

(3) Conditions necessary for a demonstration of upset. An industrial user who wishes to establish the affirmative defense of an upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(a) An upset occurred and the industrial user can identify the cause of the upset;

(b) The industrial user’s facility was, at the time of the upset, being properly operated; and,

(c) The industrial user has orally submitted the following information to the control authority within 24 hours of becoming aware of the upset, with a written submission to be provided within 5 days:

1. A description of the discharge and cause of noncompliance;

2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and,

3. Steps being taken or planned to reduce, eliminate and prevent recurrence of the noncompliance.

(4) Industrial user responsibility in case of an upset. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885, 403.08851 FS. History–New 11-29-94, Amended 1-8-97.

Fla. Admin. Code R. 62-625.860 Bypass

(1) Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (2) and (3), below.

(2) Notice.

(a) If an industrial user knows in advance of the need for a bypass, it shall submit a notice to the control authority at least ten days before the date of the bypass. If the industrial user does not know of the need for a bypass ten days prior to the bypass then the industrial user shall notify the control authority immediately upon knowledge of the need for the bypass.

(b) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the control authority within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within 5 days of the time the industrial user becomes aware of the bypass. The written submission shall contain:

1. A description of the bypass and its cause;

2. The duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and,

3. Steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.

(3) Prohibition of bypass.

(a) Bypass is prohibited, and the control authority shall take enforcement action against an industrial user for a bypass, unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage,

2. There were no technically feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and,

3. The industrial user submitted notices as required under subsection (2), above.

(b) The control authority shall, except when the Department acts as the control authority, approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the three conditions listed in paragraph (a), above. If the Department is acting as the control authority, then the industrial user shall notify the WWF of the anticipated bypass.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885, 403.08851 FS. History–New 11-29-94.

Fla. Admin. Code R. 62-625.880 Tables

(1) Selected industrial subcategories considered dilute for purposes of the combined waste stream formula.

(a) Auto and Other Laundries:

Carpet and Upholstery Cleaning

Coin-Operated Laundries and Dry Cleaning

Diaper Services

Dry Cleaning Plants except Rug Cleaning

Industrial Laundries

Laundry and Garment Services, Not Elsewhere Classified

Linen Supply

Power Laundries, Family and Commercial.

(b) Electrical and Electronic Components:

Capacitors (Fluid Fill)

Carbon and Graphite Products

Dry Transformers

Ferrite Electronic Devices

Fixed Capacitors

Fluorescent Lamps

Fuel Cells

Incandescent Lamps

Magnetic Coatings

Mica Paper Dielectric

Motors, Generators, Alternators

Receiving and Transmitting Tubes

Resistance Heaters

Resistors

Switchgear

Transformer (Fluid Fill).

(c) Metal Molding and Casting:

Nickel Casting

Tin Casting

Titanium Casting.

(d) Gum and Wood Chemicals:

Char and Charcoal Briquettes.

(e) Inorganic Chemicals Manufacturing:

Ammonium Chloride

Ammonium Hydroxide

Barium Carbonate

Calcium Carbonate

Carbon Dioxide

Carbon Monoxide and By-product Hydrogen

Hydrochloric Acid

Hydrogen Peroxide (Organic Process)

Nitric Acid

Oxygen and Nitrogen

Potassium Iodide

Sodium Chloride (Brine Mining Process)

Sodium Hydrosulfide

Sodium Hydrosulfite

Sodium Metal

Sodium Silicate

Sodium Thiosulfate

Sulfur Dioxide

Sulfuric Acid.

(f) Leather:

Gloves

Luggage.

(g) Paving and Roofing:

Asphalt Concrete

Asphalt Emulsion

Linoleum

Printed Asphalt Felt

Roofing.

(h) Pulp, Paper, and Paperboard, and Builders’ Paper and Board Mills:

Groundwood-Chemi-Mechanical.

(i) Rubber Manufacturing:

Tire and Inner Tube Plants

Emulsion Crumb Rubber

Solution Crumb Rubber

Latex Rubber

Small-sized General Molded, Extruded and Fabricated Rubber Plants

Medium-sized General Molded, Extruded and Fabricated Rubber Plants

Large-sized General Molded, Extruded and Fabricated Rubber Plants

Wet Digestion Reclaimed Rubber

Pan, Dry Digestion, and Mechanical Reclaimed Rubber

Latex Dipped, Latex-Extruded, and Latex-Molded Rubber

Latex Foam.

(j) Soap and Detergent Manufacturing:

Soap Manufacture by Batch Kettle

Fatty Acid Manufacture by Fat Splitting

Soap Manufacture by Fatty Acid

Neutralization

Glycerin Concentration

Glycerin Distillation

Manufacture of Soap Flakes and Powders

Manufacture of Bar Soaps

Manufacture of Liquid Soaps

Manufacture of Spray Dried Detergents

Manufacture of Liquid Detergents

Manufacture of Dry Blended Detergents

Manufacture of Drum Dried Detergents

Manufacture of Detergent Bars and Cakes.

(k) Textile Mills:

Apparel Manufacturing

Cordage and Twine

Padding and Upholstery Filling.

(l) Timber Products Processing:

Barking Process

Finishing Processes

Hardboard-Dry Process.

(m) Footnotes.

The exemption for the manufacture of products in the Electrical and Electronic Components Category is for operations not covered by Electroplating/Metal Finishing pretreatment regulations.

Except for production attributed to lead-sheathed hose manufacturing operations.

Except for production attributed to chromic acid form-cleaning operations.

Except for production that generates zinc as a pollutant in discharge.

(2) Regulated pollutants eligible for a removal credit.

Biosolids Use or Disposal Practice

Pollutant

Land Application (mg/Kg)

Surface Disposal (mg/Kg)

Arsenic

75

73

Cadmium

–

85

Chromium

–

600

Copper

4300

–

Lead

840

–

Mercury

57

–

Molybdenum

75

–

Nickel

420

420

Selenium

100

–

Zinc

7500

–

(3) The following organic pollutants are eligible for a removal credit if the requirements for total hydrocarbons (or carbon monoxide) in Chapter 62-296, F.A.C., are met when sewage sludge is fired in a sewage sludge incinerator: Acrylonitrile, Aldrin/Dieldrin (total), Benzene, Benzidine, Benzo(a)pyrene, Bis(2-chloroethyl)ether, Bis(2-ethylhexyl)phthalate, Bromodichloromethane, Bromoethane, Bromoform, Carbon tetrachloride, Chlordane, Chloroform, Chloromethane, DDD, DDE, DDT, Dibromochloromethane, Dibutyl phthalate, 1,2-dichloroethane, 1,1-dichloroethylene, 2,4-dichlorophenol, 1,3-dichloropropene, Diethyl phthalate, 2,4-dinitrophenol, 1,2-diphenylhydrazine, Di-n-butyl phthalate, Endosulfan, Endrin, Ethylbenzene, Heptachlor, Heptachlor epoxide, Hexachlorobutadiene, Alphahexachlorocyclohexane, Betahexachlorocyclohexane, Hexachlorocyclopentadiene, Hexachloroethane, Hydrogen cyanide, Isophorone, Lindane, Methylene chloride, Nitrobenzene, N-Nitrosodimethylamine, N-Nitrosodi-n-propylamine, Pentachlorophenol, Phenol, Polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenzo-p-dioxin, 1,1,2,2-tetrachloroethane, Tetrachloroethylene, Toluene, Toxaphene, Trichloroethylene, 1,2, 4-Trichlorobenzene, 1,1,1-Trichloroethane, 1,1,2-Trichloroethane, and 2,4,6-Trichlorophenol.

(4) Additional pollutants eligible for a removal credit.

Biosolids Use or Disposal Practice Surface Disposal

Pollutant

LA

UL

L

I

Arsenic

–

–

100(1)

–

Aldrin/Dieldrin (Total)

2.7

–

–

–

Benzene

16(1)

140

3400

–

Benzo(a)pyrene

15

100(1)

100(1)

–

Bis(2-ethylhexyl)phthalate

–

100(1)

100(1)

–

Cadmium

–

100(1)

100(1)

–

Chlordane

86

100(1)

100(1)

–

Chromium (Total)

100

–

100(1)

–

Copper

–

46(1)

100(1)

1400

DDD, DDE, DDT (Total)

1.2

2000

2000

–

2,4-Dichlorophenoxy-aceti

–

7

7

–

Fluoride

730

–

–

–

Heptachlor

7.4

–

–

–

Hexachlorobenzene

29

–

–

–

Hexachlorobutadiene

600

–

–

–

Iron

78(1)

–

–

–

Lead

–

100(1)

100(1)

–

Lindane

84

28(1)

28(1)

–

Malathion

–

0.63

0.63

–

Mercury

–

100(1)

100(1)

–

Molybdenim

–

40

40

–

Nickel

–

–

100(1)

–

N-Nitrosodimethylamine

2.1

0.088

0.088

–

Pentachlorophenol

30

–

–

–

Phenol

–

82

82

–

Polychlorinated biphenyls

4.6

<50

<50

–

Selenium

–

4.8

4.8

4.8

Toxaphene

10

26(1)

26(1)

–

Trichloroethene

10(1)

9500

10(1)

–

Zinc

–

4500

4500

4500

(a) Table abbreviations.

1. “LA” means land application.

2. “SD” means surface disposal.

3. “UL” means a disposal site without a liner and leachate collection system.

4. “L” means a disposal site with a liner and leachate collection system.

5. “I” means incineration.

(b) Footnotes.

The subsection (1), above, table indicates that the units are grams per kilograms – dry weight basis. All other values have the units milligrams per kilogram – dry weight basis.

History

• Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885 FS. History–New 11-29-94, Amended 1-8-97, 5-10-10, 9-20-21.

Chapter 62-640 BIOSOLIDS

Fla. Admin. Code R. 62-640.100 Scope, Intent, Purpose, and Applicability

(1) All domestic wastewater treatment facilities which use biological treatment processes generate biosolids as a by-product of the treatment process. The Department finds that unregulated use, disposal, or land application of biosolids poses a threat to the environment and public health.

(a) It is the intent of the Department in this chapter to regulate the management, use, and land application of biosolids so as to ensure protection of the environment and public health.

(b) The Department encourages the highest levels of treatment, quality, and use for biosolids.

(c) The Department further encourages the beneficial use of biosolids in a manner which will foster public acceptance, as well as innovative and alternative uses for biosolids such as bioenergy-related uses.

(2) This chapter establishes minimum requirements for biosolids which are to be applied to land for agricultural purposes, distributed and marketed, or used for land reclamation. Included are biosolids which are composted with yard trash, wood chips, or similar bulking agents and ultimately applied to land or distributed and marketed.

(3) This chapter also establishes minimum requirements for septage which will be treated at facilities permitted by the Department and will be applied to land for agricultural purposes or land reclamation.

(4) The purpose of Chapter 62-640, F.A.C., is to provide minimum requirements for the treatment and management of biosolids and septage applied to land, or distributed and marketed; establish land application criteria; and define requirements for agricultural operations which have received or will receive biosolids or septage.

(5) Applicability.

(a) Requirements in this chapter shall apply to domestic wastewater treatment facilities and biosolids management facilities that generate, treat, or manage biosolids.

(b) Requirements in this chapter shall also apply to appliers or distributors of biosolids or biosolids products, and to owners or operators of application sites which receive biosolids.

(c) Unless specifically provided otherwise in this chapter, requirements in this chapter shall apply to all septage management facilities that apply septage to agricultural sites or reclamation sites. Requirements in this chapter shall also apply to appliers of septage, and to operators or owners of an agricultural site or reclamation site which receive septage from facilities permitted under this chapter.

(d) Unless specifically provided otherwise in this chapter, requirements in this chapter that apply to biosolids shall also apply to septage from facilities regulated by the Department; to products derived from such septage, biosolids, or combinations thereof; and to the products and treated material from biosolids treatment facilities and septage management facilities regulated by the Department.

(e) Unless specifically provided otherwise in this chapter, requirements in this chapter shall apply to composting facilities, as defined by this chapter, which use yard trash, wood chips, or similar bulking agents, and apply the resulting compost to land or distribute and market the resulting compost.

(f) Unless specifically provided otherwise in this chapter, facilities and biosolids application sites shall meet the requirements of this chapter in accordance with paragraphs (g) and (h), below.

(g) New or renewed facility or biosolids land application site permits issued after July 1, 2020, shall meet the requirements of this chapter no later than within one year of June 21, 2021.

(h) All permits for facilities and biosolids land application sites shall meet the requirements of this chapter within two years of June 21, 2021.

(i) Biosolids or biosolids products which are generated outside of Florida but imported to Florida are subject to the provisions of this chapter.

(j) Requirements in this chapter do not apply to the treatment, management, or disposal of industrial sludges, septage, or residuals resulting from industrial wastewater treatment except as provided for in paragraphs 62-640.100(6)(f) and 62-640.880(2)(c), F.A.C.

(6) Other Applicable Rules and Requirements.

(a) The land application of biosolids shall be consistent with the applicable requirements of Section 373.811(4), F.S., the applicable requirements of basin management action plans (BMAPs) adopted pursuant to Section 403.067(7), F.S., and with the applicable requirements of reasonable assurance plans (RAPs) adopted in accordance with Section 403.067(4), F.S., and Rule 62-303.600, F.A.C.

(b) Disposal of biosolids, septage, and other solids in a solid waste landfill shall be in accordance with Chapter 62-701, F.A.C.

(c) Disposal of biosolids by placement on land for purposes other than soil conditioning or fertilization, such as at a monofill, surface impoundment, waste pile, or dedicated site shall be in accordance with Chapter 62-701, F.A.C.

(d) Incineration of biosolids is regulated under Chapters 62-204, 62-210, 62-212, 62-213, 62-296, and 62-297, F.A.C., and the Resource Conservation and Recovery Act.

(e) Co-composting of biosolids with yard trash, wood chips or similar bulking agents shall be in accordance with Chapter 62-640, F.A.C. Co-composting of biosolids with other solid waste materials shall be in accordance with Chapter 62-709, F.A.C.

(f) Biosolids blended or mixed with other wastes shall meet the requirements of this chapter.

(g) Disposal of screenings and grit from the preliminary treatment components of wastewater treatment facilities, solids from sewer line cleaning operations, and solids from lift stations and pump stations shall be in accordance with Chapter 62-701, F.A.C.

(h) Transportation of biosolids is regulated by the Florida Department of Transportation in accordance with Chapter 316, F.S., and 49 Code of Federal Regulations (CFR).

History

• Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.100, Amended 3-30-98, 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.200 Definitions

Terms used in this chapter shall have the meaning specified below. The meaning of any term not defined below may be taken from definitions in other rules of the Department.

(1) “Aerosol” means suspension of ultramicroscopic solid or liquid particles in air.

(2) “Agricultural site” means a biosolids application site consisting of land on which a food crop, a feed crop, or a fiber crop is grown, forest land, or land on which turf or ornamental plants are grown. This includes range land and land used as pasture.

(3) “Application site” means a property (such as a farm, a ranch or a mining property) where biosolids or septage are applied to land. Application sites are identified as either agricultural sites or reclamation sites.

(4) “Application zone” means a parcel of land (e.g., a field) within an application site to which biosolids are applied.

(5) “Average daily flow (ADF)” means the total volume of wastewater flowing into a wastewater facility during some defined period of time, divided by the number of days in that period of time, expressed in units of million gallons per day (mgd).

(6) “Biosolids” means the solid, semisolid, or liquid residue generated during the treatment of domestic wastewater in a domestic wastewater treatment facility, formerly known as “domestic wastewater residuals” or “residuals.” Not included is the treated effluent or reclaimed water from a domestic wastewater treatment plant. Also not included are solids removed from pump stations and lift stations, screenings and grit removed from the preliminary treatment components of domestic wastewater treatment facilities, other solids as defined in subsection 62-640.200(30), F.A.C., and ash generated during the incineration of biosolids. Biosolids include products and treated material from biosolids treatment facilities and septage management facilities regulated by the Department.

(7) “Biosolids management facility” means a biosolids treatment facility, a septage management facility regulated by the Department, or an application site.

(8) “Biosolids treatment facility” means a facility that treats biosolids from other facilities for the purpose of meeting the requirements of this chapter, before use or land application. Biosolids treatment facilities can also treat domestic septage and combinations of biosolids, domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application.

(9) “Capacity Index” means a measure of the capacity of soil to store phosphorus which is determined using soil test Mehlich-3 extraction results for phosphorus, iron, and aluminum in the following equation (units for the capacity index (CI) and for soil test results are mg/kg).

(10) “Class A biosolids” means biosolids that meet the Class A pathogen reduction requirements of paragraph 62-640.600(1)(a), F.A.C., the vector attraction reduction requirements of paragraph 62-640.600(2)(a), F.A.C., and the parameter concentrations of paragraph 62-640.700(5)(a), F.A.C.

(11) “Class AA biosolids” means biosolids that meet the Class AA pathogen reduction requirements of paragraph 62-640.600(1)(a), F.A.C., the vector attraction reduction requirements of paragraph 62-640.600(2)(b), F.A.C., and the parameter concentrations of paragraphs 62-640.700(5)(a) and (b), F.A.C.

(12) “Class B biosolids” means biosolids that meet the Class B pathogen reduction requirements of paragraph 62-640.600(1)(b), F.A.C., the vector attraction reduction requirements of paragraph 62-640.600(2)(a), F.A.C., and the parameter concentrations of paragraph 62-640.700(5)(a), F.A.C.

(13) “Composting facility” means a facility, as defined in subsection 62-640.200(19), F.A.C., that uses composting technology for treatment of biosolids. Processing can include physical turning, windrowing, aeration, or other mechanical handling of biosolids.

(14) “Delegated local program” means any county, municipality, or combination thereof that has established and administers a pollution control program approved by the Department in compliance with Section 403.182, F.S.

(15) “Department” means the Florida Department of Environmental Protection.

(16) “Design capacity” shall be as defined in Chapter 62-600, F.A.C. The design capacity for biosolids treatment facilities shall be expressed in units of dry tons per day.

(17) “Distribution and Marketing” is the giveaway or sale of biosolids meeting the criteria of Rule 62-640.850, F.A.C., or a product derived from such biosolids, either packaged or in bulk form, by owners or operators of treatment works or by a person who receives biosolids or biosolids products from treatment works.

(18) “Dry weight basis” means calculated on the basis of having been dried at 105 degrees Celsius until reaching a constant mass (i.e., essentially 100 percent solids content).

(19) “Facility” means a domestic wastewater treatment facility, a biosolids management facility, or a septage management facility.

(20) “Feed crops” means crops produced primarily for consumption by animals.

(21) “Fertilizer” means a material regulated as a fertilizer under Chapter 576, F.S., and Chapter 5E-1, F.A.C.

(22) “Fiber crops” mean crops such as flax and cotton which are produced primarily for the manufacture of products and are not consumed by humans or animals.

(23) “Food crops” means crops consumed by humans.

(24) “Food establishment sludge” means oils, fats, greases, food scraps, and other grease interceptor contents generated by a food operation or institutional food preparation facility.

(25) “Incorporation” means the mixing of biosolids with topsoil by such means as discing, plowing, tilling, or equivalent means to reduce exposure to the biosolids.

(26) “Industrial sludges” means all sludges that are primarily composed of materials generated through an industrial process or from an industrial wastewater activity.

(27) “Injection” means the subsurface placement of liquid biosolids to reduce exposure to the biosolids.

(28) “Liquid biosolids” means any biosolids that are less than 12% solids by weight, or that are determined to contain free liquids as defined by Method 9095B (Paint Filter Liquids Test), November 2004, as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA Pub. No. SW-846), January 3, 2008, 73 FR 486, which is hereby adopted and incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13249, and from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(29) “Nutrient Management Plan” (NMP) means a site-specific plan, developed in accordance with Rule 62-640.500, F.A.C., establishing the rate at which all biosolids, soil amendments, and sources of nutrients can be applied to the land for crop production while minimizing the amount of pollutants and nutrients discharged to waters of the state.

(30) “Other solids” means material, primarily sand and inorganic matter, removed from domestic wastewater treatment processes during primary and secondary treatment. Not included are solids removed from pump stations and lift stations, solids from sewer line cleaning operations, and screenings and grit removed from the preliminary treatment components of domestic wastewater treatment facilities.

(31) “Pathogens” or “pathogenic organisms” means disease-causing organisms. These include certain bacteria, protozoa, viruses, and viable helminth ova and any other organisms that cause disease.

(32) “Permitted capacity” shall be as defined in Chapter 62-600, F.A.C. The permitted capacity for biosolids treatment facilities shall be expressed in units of dry tons per day.

(33) “Percent Water Extractable Phosphorus” (PWEP) means the percentage of phosphorus that is water extractable in a biosolids sample. PWEP is equal to the monitoring results of water extractable phosphorus (WEP) divided by total phosphorus (TP), with the values of WEP and TP in the same units, and multiplied by 100.

(34) “Person” is as defined in Section 403.031, F.S.

(35) “pH” means as defined in Rule 62-600.200, F.A.C., except for the purposes of Pathogen Reduction and Vector Attraction Reduction under Rule 62-640.600, F.A.C., for which “pH” means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25 degrees Centigrade (i.e. Celsius) or measured at another temperature and then converted to an equivalent value at 25 degrees Centigrade.

(36) “pH of biosolids-soil mixture” means the pH value obtained by taking a core sample of soil to at least the depth of six inches or to the depth of biosolids placement if deeper than six inches.

(37) “Private drinking water supply well” means a well serving a private or multifamily water system as defined in Rule 62-532.200, F.A.C.

(38) “Public drinking water supply well” means a well serving a public water system as defined in Rule 62-550.200, F.A.C.

(39) “Reclaimed water” shall be as defined in Chapter 62-610, F.A.C.

(40) “Reclamation site” means a biosolids application site consisting of drastically disturbed land that is reclaimed using biosolids, such as strip mines and construction sites.

(41) “Restricted public access” means that access to a land application site by the general public is both controlled and infrequent. Restricted public access application sites are accessible to persons authorized by the site owner, site manager, or facility permittee, such as farm personnel, wastewater facility operators, and biosolids or septage haulers provided the authorized persons are informed by the site owner, site manager, or facility permittee regarding the nature of the application site. For informational purposes, the NIOSH manual Guidance for Controlling Potential Risks to Workers Exposed to Class B Biosolids, paragraph 62-640.210(1)(j), F.A.C., provides guidance regarding potential risks.

(42) “Seasonal high water” means the elevation to which the ground and surface water may be expected to rise due to a normal wet season.

(43) “Septage” means a mixture of sludge, fatty materials, human feces, and wastewater removed during pumping of an onsite sewage treatment and disposal system. Excluded from this definition are the contents of portable toilets, holding tanks, and grease interceptors.

(44) “Septage management facility” means a stationary facility that treats only domestic septage or combinations of domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application.

(45) “Site manager” means the person who operates or manages the application site to ensure biosolids are applied in accordance with the requirements of this chapter.

(46) “Source facility” means a facility that sends biosolids to a biosolids treatment facility for treatment before use or land application.

(47) “Ton” means a short ton (2,000 pounds or 0.90718 metric ton).

(48) “Toxic substances” means either of the following:

(a) Hazardous wastes as defined in Chapter 62-730, F.A.C.

(b) A substance which is present in sufficient concentration to pose a serious danger to the public health, safety, or welfare.

(49) “Treatment” means the process of altering the character or physical or chemical condition of waste to prevent pollution of water, air, or soil, to safeguard the public health, or enable the waste to be beneficially used. Treatment includes blending, dewatering, and any process that alters the quality or quantity of the material for the purpose of meeting the requirements of this chapter. Treatment does not include storage of biosolids.

(50) “Vector attraction” means the characteristic of biosolids that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.

(51) “Water table” means the upper surface of the zone of saturation where the body of ground water is not confined by an overlying impermeable zone.

(52) “Waters” means those waters defined in Section 403.031, F.S.

(53) “Yard trash” means vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees, and tree stumps.

History

• Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.200, Amended 3-30-98, 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.210 General Technical Guidance and Forms

(1) Unless specifically referenced elsewhere in this chapter, the following publications are listed for informational purposes as technical guidance to assist facilities, appliers, distributors and marketers, site managers, and site owners in meeting the requirements of this chapter. Publications or portions of publications containing enforceable criteria are specifically referenced elsewhere in this chapter. Information in the publications listed below does not supersede the specific requirements of this chapter. Members of the public may request and obtain copies of the publications listed below by contacting the appropriate publisher at the address indicated. Copies of the publications are available from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) U.S. Environmental Protection Agency, 1995, Process Design Manual for Land Application of Sewage Sludge and Domestic Septage, EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov.

(b) Title 40, Code of Federal Regulations, Part 503, “Standards for the Use and Disposal of Sewage Sludge,” codified as of July 1, 2018, www.gpoaccess.gov/cfr/index.html.

(c) U.S. Environmental Protection Agency, Process Design Manual for Sludge Treatment and Disposal, 1979, Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov.

(d) Recommended Standards for Wastewater Facilities, 2004, Health Education Service, Inc., P.O. Box 7126, Albany, New York 12224, www.hes.org.

(e) U. S. Environmental Protection Agency, Handbook, Septage Treatment and Disposal, 1984, Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov.

(f) U. S. Environmental Protection Agency, Control of Pathogens and Vector Attraction in Sewage Sludge, 2003, Center for Environmental Research Information, Cincinnati, Ohio 45268, www.epa.gov.

(g) U. S. Environmental Protection Agency, 1974, Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability-MCD-05. Environmental Quality Instructional Resources Center, The Ohio State University, 1200 Chambers Road, Room 310, Columbus, Ohio 43212, www.epa.gov.

(h) U.S. Environmental Protection Agency, 1994, A Plain English Guide to the Part 503 Biosolids Regulations, EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov.

(i) National Institute for Occupational Safety and Health, 2002, Guidance for Controlling Potential Risks to Workers Exposed to Class B Biosolids, NIOSH-Publications Dissemination, 4676 Columbia Parkway, Cincinnati, Ohio 45226-1998, www.cdc.gov/niosh/homepage.html.

(j) U.S. Environmental Protection Agency, 2000, Guide to Field Storage of Biosolids, EPA Center for Environmental Research Information, 26 West Martin Luther King Drive, Cincinnati, Ohio 45268, www.epa.gov.

(k) USDA Natural Resources Conservation Service, 2012, “General Manual, Title 190, Part 402 – Nutrient Management,” USDA-NRCS, Washington, DC, www.nrcs.usda.gov/technical.

(l) USDA Natural Resources Conservation Service – Florida, 2012, “Field Office Technical Guide – Nutrient Management, Code 590”, USDA-NRCS-FL, Gainesville, Florida, www.fl.nrcs.usda.gov/technical.

(m) USDA Natural Resources Conservation Service – Florida, 2018, “Field Office Technical Guide – Waste Recycling, Code 633,” USDA-NRCS-FL, Gainesville, Florida, www.fl.nrcs.usda.gov/technical.

(n) Kleinman, P., D. Sullivan, A. Wolf, R. Brandt, Z. Dou, H. Elliott, J. Kovar, A. Leytem, R. Maguire, P. Moore, L. Saporito, A. Sharpley, A. Shober, T. Sims, J. Toth, G. Toor, H. Zhang, T. Zhang. 2007. “Selection of a Water Extractable Phosphorus Test for Manures and Biosolids as an Indicator of Runoff Loss Potential,” Journal of Environmental Quality 36: 1357-1367, https://dl.sciencesocieties.org/publications/jeq

(o) Mylavarapu, R., T. Obreza, K. Morgan, G. Hochmuth, V. Nair, and A. Wright, 2014, “Extraction of Soil Nutrients Using Mehlich-3 Reagent for Acid-Mineral Soils of Florida,” UF/IFAS Document SL 407, https://edis.ifas.ufl.edu/ss620.

(2) Forms. The forms used by the Department are listed in this rule. The rule numbers are the same as the form numbers. Copies of these forms may be obtained by contacting the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In addition, these forms are available online at https://floridadep.gov/water/domestic-wastewater/content/domestic-wastewater-forms, or at the webpages provided below for each form. The Department hereby adopts and incorporates by reference the following forms:

(a) Treatment Facility Biosolids Plan, Form 62-640.210(2)(a), effective June 21, 2021, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13250.

(b) Treatment Facility Biosolids Annual Summary, Form 62-640.210(2)(b), effective June 21, 2021, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13251.

(c) Biosolids Application Site Annual Summary, Form 62-640.210(2)(c), effective June 21, 2021, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13252.

(d) Biosolids Site Permit Application, Form 62-640.210(2)(d), effective June 21, 2021, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13253.

(e) Biosolids Application Site Log, Form 62-640.210(2)(e), effective June 21, 2021, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13254.

History

• Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.210, Amended 3-30-98, 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.300 General Requirements

(1) Facilities that receive or generate biosolids shall have a valid Department permit prior to treatment, land application, distribution and marketing, or disposal of biosolids. Treatment facility permits shall specify the use or disposal of the facility’s biosolids. Biosolids shall be managed in accordance with the facility permit and the requirements of this chapter.

(2) Treatment Facility Permit for Facilities that Land Apply Biosolids.

(a) The permit for a facility that provides final treatment of land applied biosolids shall identify each permitted biosolids application site where the facility’s biosolids are to be land applied.

(b) The Treatment Facility Biosolids Plan, Form 62-640.210(2)(a), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021, shall be submitted with the permit application to identify sites where the facility’s biosolids are permitted to be land applied.

(c) To use an alternate permitted application site not identified on the submitted Treatment Facility Biosolids Plan, Form 62-640.210(2)(a), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021 the treatment facility shall notify the Department before beginning biosolids application at the application site and submit the applicable revised portions of the Treatment Facility Biosolids Plan, Form 62-640.210(2)(a), to the Department within 30 days. The revised portion of the Treatment Facility Biosolids Plan, Form 62-640.210(2)(a), shall become part of the treatment facility permit.

(3) Biosolids Land Application Site Permit.

(a) All biosolids application sites shall have a valid Department permit as a biosolids management facility. Alternatively, when an application site is used solely by a single facility, the applicant can choose to have the site permitted through the Department permit for the wastewater treatment facility, a biosolids treatment facility, or a septage management facility.

1. An individually permitted biosolids application site shall be permitted as a biosolids management facility in accordance with the applicable requirements of this chapter and Chapters 62-600 and 62-620, F.A.C. An individual biosolids application site permit shall cover only one site and shall not include multiple biosolids application sites.

2. The applicant of a wastewater treatment facility, biosolids treatment facility, or septage management facility permit can choose to include one or more biosolids land application sites used solely by the facility.

(b) A biosolids application site shall be permitted under one permit.

(c) Applicants for a permitted biosolids application site shall submit the Biosolids Site Permit Application, Form 62-640.210(2)(d), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021, the applicable fee, and supporting documentation to the appropriate District Office of the Department or delegated local program responsible for the geographic area in which the application site is located.

1. If permitted individually, the fee shall be the Type III biosolids management facility fee specified in sub-subparagraph 62-4.050(4)(b)2.c., F.A.C.

2. If permitted in a wastewater treatment facility, biosolids treatment facility, or septage management facility permit, the Biosolids Site Permit Application, Form 62-640.210(2)(d), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021 shall be submitted with the facility’s application for a new permit, permit renewal, or substantial modification to the permit. No additional fee will be charged beyond the fee required for the facility’s application for a new permit, permit renewal, or substantial modification to the permit.

(d) All biosolids application site permit applications shall be considered projects of heightened public interest in accordance with subsection 62-110.106(6), F.A.C., and subparagraph 62-110.106(7)(a)1., F.A.C.

(e) The following shall require a minor permit modification through the procedures provided in subsection 62-620.325(2), F.A.C.:

1. Expansions or changes to the physical boundaries of the application areas of a permitted application site that encompass areas not addressed in the site permit and NMP, or

2. Changes to the agricultural operations at the application site, such as a change in crops or management practices, that will result in increased nutrient loading or application rates not addressed in the NMP. A revised NMP shall be submitted with the minor permit revision application.

(f) New application sites shall be permitted prior to use.

(g) All permited biosolids land application sites shall be enrolled in the Florida Department of Agriculture and Consumer Services (FDACS) best management practices (BMP) program or be within an agricultural operation enrolled in the program for the applicable commodity type.

(4) Biosolids Storage.

(a) The treatment facility permittee shall submit a biosolids storage plan with the facility permit application. The plan shall demonstrate that storage capacity is available to provide retention of biosolids under adverse weather conditions, harvesting conditions, or other conditions which preclude land application or the use or disposal of the facility’s biosolids. The demonstration of storage capacity provided by the permittee can take into account alternative options and operational flexibility, such as the use of excess digester capacity.

(b) Biosolids storage facilities at the treatment facility shall be designed in accordance with sound engineering practice. General technical guidance is provided in the EPA document Process Design Manual for Sludge Treatment and Disposal, paragraph 62-640.210(1)(d), F.A.C.; the Health Education Service document Recommended Standards for Wastewater Facilities, paragraph 62-640.210(1)(e), F.A.C., and the EPA document Guide to Field Storage of Biosolids, paragraph 62-640.210(1)(k), F.A.C.

(c) Biosolids storage at the land application site shall be in accordance with paragraph 62-640.700(6)(e), F.A.C.

History

• Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.300, Amended 3-30-98, 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.400 Prohibitions

(1) Ocean disposal of biosolids, or disposal of biosolids in any water, including direct discharge to ground water, is prohibited.

(2) Land application of biosolids shall not result in a violation of Florida surface water quality standards pursuant to Chapter 62-302, F.A.C., or ground water standards pursuant to Chapter 62-520, F.A.C.

(3) Biosolids which are hazardous waste under Chapter 62-730, F.A.C., shall not be applied to land.

(4) Biosolids shall not be discharged into a collection or transmission system without prior consent of the owner of that system.

(5) Biosolids shall not be disposed, applied to land, or distributed and marketed except in accordance with the provisions of this chapter.

(6) The treatment, management, transportation, use, land application, or disposal of biosolids shall not cause a violation of the odor prohibition in subsection 62-296.320(2), F.A.C.

(7) Treatment of liquid biosolids or septage for the purpose of meeting the pathogen reduction or vector attraction reduction requirements set forth in Rule 62-640.600, F.A.C., shall not be conducted in the tank of a hauling vehicle. Treatment of biosolids or septage for the purpose of meeting pathogen reduction or vector attraction reduction requirements shall take place at the permitted facility.

(8) Biosolids that do not meet the requirements of Rule 62-640.850, F.A.C., for distribution and marketing shall not be shipped into Florida unless shipped to a Department permitted biosolids treatment facility or domestic wastewater facility that has legally agreed in writing to accept responsibility for proper treatment, management, use and land application of the biosolids.

(9) Class A or Class B biosolids shall not be spilled from or tracked off the treatment facility site or land application site by the hauling vehicle.

(10) Land application of Class A and Class B biosolids is prohibited within the primary and secondary protection zones of the Wekiva Study Area in accordance with Rule 62-600.550, F.A.C. Application of Class AA biosolids that are distributed and marketed in accordance with Rule 62-640.850, F.A.C., is permissible.

(11) The land application of biosolids will not be authorized in the Lake Okeechobee watershed as defined in Section 373.4595(2)(j), F.S., unless the applicant for a site permit affirmatively demonstrates that the phosphorus in the biosolids will not add to phosphorus loadings in Lake Okeechobee or its tributaries. This demonstration shall be based on achieving a net balance between phosphorus imports relative to exports on the permitted application site. Exports shall include only phosphorus removed from the Lake Okeechobee watershed through products generated on the permitted application site. This demonstration shall be submitted with the NMP for the site. No biosolids shall be applied to a site in the Lake Okeechobee watershed after December 31, 2012, unless the demonstration has been made. This prohibition does not apply to Class AA biosolids that are marketed and distributed as fertilizer products in accordance with Rule 62-640.850, F.A.C.

(12) The land application of biosolids will not be authorized in the Caloosahatchee River and St. Lucie River watersheds as defined in Sections 373.4595(2)(b) and (p), F.S., unless the applicant for a site permit affirmatively demonstrates that the nitrogen and phosphorus in the biosolids will not add to nitrogen and phosphorus loadings in the watershed. This demonstration shall be based on achieving a net balance between nutrient imports relative to exports on the permitted application site. Exports shall include only nutrients removed from the St. Lucie River or Caloosahatchee River watersheds, as applicable, through products generated on the permitted application site. This demonstration shall be submitted with the NMP for the site. No biosolids shall be applied to a site in the Caloosahatchee River or St. Lucie River watersheds after December 31, 2012, unless the demonstration has been made. This prohibition does not apply to Class AA biosolids that are marketed and distributed as fertilizer products in accordance with Rule 62-640.850, F.A.C.

(13) No person shall have more than one dry ton of unapplied Class AA biosolids or biosolids products distributed and marketed under Rule 62-640.850, F.A.C., on their property for more than seven days unless stored to prevent runoff of biosolids or stormwater that has been in contact with biosolids, violation of the odor prohibition in subsection 62-296.320(2), F.A.C., and vector attraction.

(14) Biosolids shall not be applied on soils that have a seasonal high water table less than 6 inches from the soil surface or within 6 inches of the intended depth of biosolids placement, unless a Department-approved nutrient management plan and water quality monitoring plan provide reasonable assurance that the land application of biosolids at the site will not cause or contribute to a violation of the state’s surface water quality standards or ground water quality standards.

History

• Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.400, Amended 3-30-98, 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.500 Nutrient Management Plan (NMP)

(1) A site-specific NMP shall be submitted to the Department with the permit application for an agricultural site. For sites enrolled and participating in a Florida Department of Agriculture and Consumer Services (FDACS) Best Management Practices (BMP) program, a conservation plan or NMP prepared for the purposes of the BMP can be submitted as the site-specific NMP if the plan meets the NMP requirements given in subsections (4) through (7), below.

(2) USDA-NRCS-Florida Field Office Technical Guide – Nutrient Management, Code 590, November 2012, listed in paragraph 62-640.210(1)(l), F.A.C., provides technical guidance in the preparation of NMPs.

(3) The NMP shall be prepared and signed by a person certified by the NRCS for nutrient management planning or prepared, signed and sealed by a professional engineer licensed in the State of Florida.

(4) The NMP shall identify each application zone to be used at the site as identified in the Biosolids Site Permit Application, Form 62-640.210(2)(d), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021. Application zones shall be sized to facilitate accurate accounting of nutrient and pollutant loadings and shall be in accordance with Rule 62-640.700, F.A.C., as applicable for the class(es) of biosolids that will be applied to the site.

(5) The NMP shall meet the requirements of this chapter and shall:

(a) Include aerial site photograph(s)/imagery or site map(s), and a soil survey map of the site;

(b) Include guidance for NMP implementation, site operation, maintenance, and recordkeeping;

(c) Include a description of how the NMP complies with any applicable basin management action plans (BMAPs) adopted under Section 403.067(7), F.S., and with any applicable reasonable assurance plans (RAPs) adopted under Section 403.067(4), F.S.

(d) Include results of soil, water, plant tissue, and biosolids analyses, as applicable. The soil fertility testing used to develop the NMP shall be less than one year old;

(e) Specify the frequency interval for soil fertility testing. The interval shall be at least once annually;

(f) Establish specific rates of application of biosolids based on nitrogen and phosphorus as well as procedures to land apply biosolids and all other nutrient sources to each application zone. The NMP shall address application rates for the period covered by the effective and expiration dates of the biosolids site permit, at a minimum. The final rate of biosolids to be applied to an application zone shall be not exceed the nitrogen-based rate and the phosphorus-based rate (the application rate shall not exceed the more restrictive of the two nutrient-based rates). The applicant may exceed the phosphorus-based rate if the applicant demonstrates the zone is comprised of native phosphatic soils and that applying at a higher rate is protective of water quality. As part of establishing the nitrogen and phosphorus-based application rates, the NMP shall include the following items.

1. The NMP shall identify the recommended crop nutrient needs for nitrogen and phosphorus (i.e. crop nutrient demand) for the crops to be grown on each application zone based on University of Florida Institute of Food and Agricultural Sciences (IFAS) recommendations or using the following values as a guide,

Crop

Nitrogen: lbs/acre/growing season

Phophorus (P2O5): lbs/acre/growing season

Improved perennial grasses (i.e. maintenance fertilization of established pastures) ‒ Grazed

160

40

Improved perennial grasses (i.e. maintenance fertilization of established hayfields) – Hay or silage (assuming 4 harvests)

320

80

Cool season annual grasses (e.g. grazed small grains, ryegrass, fescue)

160

80

Warm season annual grasses (e.g. sorghum-sudan hydrid or pearl millet) ‒ Grazed

160

40

Warm season annual grasses (e.g. sorghum-sudan hydrid or pearl millet) ‒ Hay or silage (4 harvests)

320

80

2. The NMP shall identify the current and planned plant production sequence or crop rotation for each application zone for the period of the biosolids site permit, at a minimum.

3. The NMP shall include realistic annual yield goals for each crop identified for each application zone, if applicable.

4. The NMP shall include the soil phosphorus storage “capacity index” (CI) and soil phosphorus results from the most recent soil fertility testing for each application zone. The CI and soil phosphorus results shall be based on Mehlich-3 extraction results for phosphorus, iron, and aluminum.

5. The NMP shall include a listing and quantification of all nutrient sources for each application zone.

6. The NMP shall include the percent water extractable phosphorus (PWEP) of each anticipated biosolids source (permittees may use a weighted average or estimated weighted average when biosolids applied to an application zone will be from multiple sources),

7. The crop nutrient demand phosphorus may be adjusted as given in a. and b. below, based on the soil phosphorus storage capacity index and the biosolids percent water extractable phosphorus (PWEP) when determining biosolids application rates. The adjustment to the crop nutrient demand phosphorus results in the amount of total phosphorus in lbs/acre that can be applied from biosolids (e.g., if doubling is allowed, a crop nutrient demand of 40 lbs P2O5/acre/year results in an allowed loading of 80 lbs total P2O5/acre/year).

a. When the PWEP of biosolids is less than 14%, one of the following may be used:

(I) When the soil phosphorus storage capacity index for an application zone is greater than 40 mg/kg, the PWEP value for the biosolids being applied may be used to adjust the crop nutrient demand phosphorus by dividing the crop nutrient demand phosphorus by the PWEP (in decimal form) to determine the total amount of phosphorus allowed to be applied.

(II) When the soil phosphorus storage capacity index is at least 20 mg/kg and up to 40 mg/kg, the amount of crop nutrient demand phosphorus may be doubled to determine the total amount of phosphorus allowed to be applied.

(III) When soil phosphorus storage capacity index is greater than 0 mg/kg but less than 20 mg/kg, the amount of crop nutrient demand phosphorus may be increased by 50 percent to determine the total amount of phosphorus allowed to be applied.

(IV) When the soil phosphorus capacity index is less than 0 mg/kg, the amount of phosphorus shall not be adjusted (i.e. the crop nutrient demand phosphorus equals the total amount of phosphorus allowed to be applied).

b. When the PWEP of biosolids is 14% or greater, the amount of phosphorus shall not be adjusted unless the the soil phosphorus storage capacity index is greater than 40 mg/kg, in which case the crop nutrient demand phosphorus may be increased by 50 percent to determine the amount of total phosphorus allowed to be applied.

8. When considering the availability of nitrogen in biosolids, once the amount of plant available nitrogen (PAN) to be supplied by biosolids has been determined (i.e. the crop nitrogen demand has been adjusted to take other sources of nitrogen into account), this amount may be multiplied by a factor of 1.5 (i.e. a 50 percent increase) to determine the amount of total nitrogen (TN) that may be supplied by biosolids. For example, if the crop nitrogen demand is 160 lbs PAN per acre per year and no other sources of nitrogen are applied, 240 lbs TN can be applied per acre per year by biosolids.

9. The calcium carbonate equivalency of any alkaline-treated biosolids and recommended lime application rates for each application zone,

10. Septage application rates for application zones with a soil capacity greater than 0 mg/kg shall be no more than 30,000 gallons per acre per year for septage containing food establishment sludge or no more than 40,000 gallons per acre per year for septage not containing food establishment sludge. Septage application rates for application zones with a soil phosphorus storage capacity index less than 0 mg/kg shall be no more than 12,000 gallons per acre per year. If septage is dewatered, these application rates shall be converted using the results of total solids monitoring of the dewatered septage.

11. The method of land application for each application zone; and,

12. The methodology and calculations used to determine the application rates for each application zone.

(6) For application sites located in geographic areas that have been identified by statute or rule of the Department as being subject to restrictions on phosphorus loadings (such as the Everglades Protection Area as set forth in Section 373.4592, F.S., the Lake Okeechobee watershed as set forth in Section 373.4595, F.S., Lake Apopka as set forth in Section 373.461, F.S., and the Green Swamp Area as set forth in Section 380.0551, F.S.), the NMP shall:

(a) Base application rates on the phosphorus needs of the crop; and,

(b) Address measures that will be used to minimize or prevent water quality impacts that could result from biosolids application areas to surface waters.

(7) The NMP for a proposed site located within the Lake Okeechobee, St. Lucie River, or Caloosahatchee River watersheds, shall also include the demonstration required by subsections 62-640.400(11) and (12), F.A.C., as applicable. Any permit issued based on such a demonstration shall require monitoring and record keeping to ensure that the demonstration continues to be valid for the duration of the permit. Documentation of compliance with the demonstration shall be submitted as part of the site annual summary submitted under paragraph 62-640.650(5)(d), F.A.C.

(8) The NMP site shall be reviewed annually by the site permittee along with the annual soil fertility testing results. If the soil capacity index has changed the allowed phosphorus adjustment of subparagraph 62-640.500(5)(f)7., F.A.C., the NMP shall be revised for the upcoming year. Any revisions to the NMP shall be provided to the Department. Revisions not requiring a permit revision in accordance with paragraph 62-640.300(3)(e), F.A.C., shall be provided to the Department with the site annual summary submitted in accordance with paragraph 62-640.650(5)(d), F.A.C., or earlier. Any revisions requiring a permit modification in accordance with paragraph 62-640.300(3)(e), F.A.C., shall be completed by a certified nutrient management planner or by a professional engineer licensed in the State of Florida.

History

• Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.500, Amended 3-30-98, 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.600 Pathogen Reduction and Vector Attraction Reduction

All biosolids applied to the land or distributed and marketed shall be treated with a treatment process designed to reduce pathogens and achieve vector attraction reduction in accordance with the requirements of this section. The Department hereby adopts and incorporates by reference the pathogen and vector attraction reduction requirements of 40 C.F.R. 503.32, codified as of July 1, 2018, except for the site restrictions in 40 C.F.R. 503.32(b)(5) and the septage requirements in 40 C.F.R. 503.32(c), http://www.flrules.org/Gateway/reference.asp?No=Ref-13255. The Department hereby adopts and incorporates the vector attraction reduction requirements in 40 C.F.R. 503.33, codified as of July 1, 2018, except for the requirements of 40 C.F.R. 503.33(b)(11) and 503.33(b)(12), http://www.flrules.org/Gateway/reference.asp?No=Ref-13257. Copies of these documents may be obtained by contacting the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Pathogen Reduction Requirements.

(a) Class AA and Class A Biosolids. Class AA and Class A biosolids shall meet one of the pathogen reduction requirements described in 40 C.F.R. 503.32(a)(3), (4), (5), (7), and (8). For treatment processes permitted under 40 C.F.R. 503.32(a)(5), a permittee shall not implement the provisions of 40 C.F.R. 503.32(a)(5)(ii)(D) and 503.32(a)(5)(iii)(D) until:

1. The permittee demonstrates to the Department, based on monitoring data from the facility, that the documented pathogen treatment process operating parameters reduce enteric viruses and viable helminth ova to levels below the limits specified in 40 C.F.R. 503.32(a)(5); and,

2. The permit is revised to specifically allow the permittee to implement 40 C.F.R. 503.32(a)(5)(ii)(D) and 503.32(a)(5)(iii)(D).

(b) Class B Biosolids. Class B Biosolids shall meet one of the pathogen reduction requirements described in 40 C.F.R. 503.32(b).

(c) Septage management facilities that are regulated by the Department, and that do not treat any amount of biosolids, shall satisfy Class B pathogen reduction requirements if sufficient lime is added to produce a pH of 12 for a minimum of two hours. Processes and design shall be in accordance with the guidance for lime stabilization of septage in Chapter 6, Process Design Manual for Sludge Treatment and Disposal, U.S. Environmental Protection Agency, 1979, which the Department adopts and incorporates by reference and is available from http://www.flrules.org/Gateway/reference.asp?No=Ref-13258, or from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The pH shall be maintained at or above 11 until land application. Materials treated in accordance with this provision shall be managed as Class B biosolids.

(2) Vector Attraction Reduction Requirements.

(a) All Class A and Class B biosolids shall meet one of the vector attraction reduction requirements in 40 C.F.R. 503.33(b)(1) through (10).

(b) Class AA biosolids shall meet one of the vector attraction reduction requirements in 40 C.F.R. 503.33(b)(1) through (8).

(c) Septage management facilities that are regulated by the Department, and that do not treat any amount of biosolids satisfy vector attraction reduction requirements if the Class B pathogen reduction requirements of paragraph 62-640.600(1)(c), F.A.C. are met.

History

• Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.600, Amended 3-30-98, 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.650 Monitoring, Record Keeping, Reporting, and Notification

(1) The minimum requirements in this chapter for monitoring, record keeping, or reporting by a permittee shall be increased or reduced by the Department considering any of the following site-specific requirements: the quality or quantity of wastewater or biosolids treated; historical variations in biosolids characteristics; industrial wastewater or sludge contributions to the facility; the use, land application, or disposal of the biosolids; the water quality of surface and ground water and the hydrogeology of the area; wastewater or biosolids treatment processes; and the compliance history of the facility or application site.

(2) An increase or reduction in a permittee’s monitoring or reporting requirements will require a minor permit revision under Rule 62-620.325, F.A.C. Revisions to decrease permit requirements for monitoring or reporting shall be subject to the public notice requirements of subsection 62-620.325(2), F.A.C.

(3) Monitoring Requirements.

(a) Biosolids Monitoring.

1. Biosolids sampling and analysis shall be conducted as follows:

a. Monitoring for the pathogen and vector attraction reduction requirements of rule 62-640.600, F.A.C., and the parameters in subparagraph 62-640.650(3)(a)3., F.A.C., shall be conducted by the treatment facility in accordance with 40 C.F.R. 503.8, codified as of July 1, 2018, which the Department hereby adopts and incorporates by reference available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13259, and the POTW Sludge Sampling and Analysis Guidance Document, U.S. Environmental Protection Agency, August 1989, which the Department adopts and incorporates by reference available at http://flrules.org/Gateway/reference.asp?No=Ref-20015. These documents are also available from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In cases where disagreements exist between 40 C.F.R. 503.8 and the POTW Sludge Sampling and Analysis Guidance Document, the requirements in 40 C.F.R. 503.8 will apply.

b. Monitoring for water extractable phosphorus shall follow the Universal Water Extractable P Test for Manure and Biosolids, Wolf, A.M., P.A. Moor, P.J.A.. Kleinman, D.M. Sullivan, 2009, Methods of Phosphorus Analysis for Soils, Sediments, Residuals and Waters, Second Edition, Southern Cooperative Series Bulletin, Pages 76-80, https://sera17dotorg.files.wordpress.com/2015/02/sera-17-methods-for-p-2009.pdf, which the Department adopts and incorporates by reference. The document is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13261 and from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

c. Beginning after June 21, 2021, all domestic wastewater treatment facilities and biosolids treatment facilities permitted to land apply biosolids shall start monitoring for water extractable phosphorus during routine biosolids monitoring events in accordance with subparagraphs 62-640.650(3)(a)3. and 4., F.A.C. The results shall be provided to the permittees of land application sites where the facility’s biosolids are land applied but are not required to be reported by the facility to the Department until after the facility is subject to this chapter revised June 21, 2021 in accordance with paragraph 62-640.100(5)(f), F.A.C.

2. Permit applications for all treatment facilities that land apply or distribute and market biosolids shall identify the monitoring that will be conducted for all microbial and all operational and process parameters necessary to demonstrate compliance with the pathogen reduction and vector attraction reduction requirements of Rule 62-640.600, F.A.C. All operational and process parameters, such as time and temperature, number of windrow turnings, pH readings, etc., shall be monitored as applicable to the treatment process to demonstrate compliance with Rule 62-640.600, F.A.C., and shall be as specified in the facility’s permit.

3. All treatment facilities that land apply or distribute and market biosolids shall analyze biosolids for the following parameters, except as provided in paragraph 62-640.880(5)(a), F.A.C.:

Parameter

Units

Total Nitrogen

% dry weight basis

Total Phosphorus

% dry weight basis

Water Extractable Phosphorus*

% dry weight basis

Total Potassium

% dry weight basis

Arsenic

mg/kg dry weight basis

Cadmium

mg/kg dry weight basis

Copper

mg/kg dry weight basis

Lead

mg/kg dry weight basis

Mercury

mg/kg dry weight basis

Molybdenum

mg/kg dry weight basis

Nickel

mg/kg dry weight basis

Selenium

mg/kg dry weight basis

Zinc

mg/kg dry weight basis

pH

standard units

Total Solids

%

Calcium Carbonate Equivalent**

% dry weight basis

• Not required for septage management facilities

** Only required for biosolids treated by alkaline addition

4. Treatment facilities that land apply or distribute and market biosolids shall monitor microbial parameters and the parameters listed in subparagraph 62-540.650(3)(a)3., F.A.C., as follows:

a. For biosolids that are distributed and marketed under the provisions of Rule 62-640.850, F.A.C., the minimum frequency of monitoring shall be once per month.

b. For biosolids treatment facilities that land apply biosolids, the minimum frequency of monitoring shall be in accordance with sub-subparagraph 62-640.650(3)(a)4.c., F.A.C, but at least quarterly.

c. For all other biosolids that are land applied, the minimum frequency of monitoring shall be in accordance with the following table:

Biosolids Generated (Dry Tons Per Year)

Monitoring Frequency

Greater than zero but less than 160

Once per year.

Equal to or greater than 160 but less than 800

Once per quarter.

Equal to or greater than 800 but less than 8,000

Once per 60 days.

Equal to or greater than 8,000

Once per month.

5. Sampling locations, sampling frequency, and monitoring parameters shall be specified in the treatment facility’s permit. All biosolids samples shall be representative of the biosolids used, land applied, or distributed and marketed, and shall be taken after final treatment of the biosolids but before use, land application, or distribution and marketing. If Class AA biosolids are to be stored by the treatment facility permittee for more than 45 days, then the permittee shall address the need to re-sample for fecal coliform or salmonella sp. in the facility biosolids storage plan submitted with the permit application.

6. Grab samples shall be used to monitor pathogens and determine percent volatile solids. Composite samples shall be used to monitor metals and nutrients.

7. Monthly averages of parameter concentrations shall be determined by taking the arithmetic mean of all sample results for the month.

(b) Soil Monitoring.

1. The site permittee shall ensure soil fertility testing is conducted in accordance with the NMP and the results of soil fertility tests shall be included in the application site records.

a. The soil fertility testing and results shall be equivalent to the “Phosphorus Index Test” as conducted by the University of Florida (UF)/Institute of Food and Agricultural Sciences (IFAS) Extension Soil Testing Laboratory, and shall include the “Capacity Index” results for the soil. At a minimum, soil fertility testing shall provide: soil pH; Mehlich-3 extraction method results for phosphorus (P), aluminum (Al), and iron (Fe); calculated soil capacity index (CI) following subsection 62-640.200(9), F.A.C.; and, lime requirement.

b. To determine the soil capacity index, soil fertility testing samples may be taken at depths greater than 6 inches but no deeper than the depth of the seasonal high water table. If deeper samples are taken, a minimum of five soil profiles shall be taken for every 50 acres, or for the entire application zone if larger than 50 acres and it is demonstrated that five profiles are sufficiently representative based on soil survey maps. Soil fertility testing may be performed by the Univerisity of Florida Analytical Research Laboratory/Extension Soil Testing Laboratory or other agricultrual laboratory participating in the North American Proficiency Testing Program (NAPT).

c. Soil testing shall follow the procedures in the documents below and which are hereby adopted and incorporated by reference and available from the address links provided for each document below and from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The soil testing documents to be followed are as follows:

(I) IFAS publication “Soil Testing,” UF/IFAS Circular 239, September 2003, http://www.flrules.org/Gateway/reference.asp?No=Ref-13262;

(II) “Extension Soil Testing Laboratory (ESTL) Analytical Procedure and Training Manual,” UF/IFAS Circular 1248, February 2009 http://www.flrules.org/Gateway/reference.asp?No=Ref-13263; and,

(III) “Mehlich-3,” Chapter 4.3, Soil Test Methods From the Southeastern United States, Southern Cooperative Series Bulletin No. 419, 2014 http://www.flrules.org/Gateway/reference.asp?No=Ref-13264.

2. Representative soil monitoring for parameters in subsection 62-640.700(5), F.A.C., shall be conducted at application sites for each application zone prior to application site permitting. At a minimum, one soil sample shall be taken for each application zone or for every 50 acres of application area, whichever is smaller. Each sample shall be a composite of at least ten random samples to a depth of six inches and shall be completely mixed to form a minimum one-pound sample. Sampling and analysis shall be in accordance with 40 C.F.R. 503.8(4), adopted and incorporated by reference in subparagraph 62-640.650(3)(a)1., F.A.C. Results of initial soil monitoring shall be reported on the Biosolids Site Permit Application, Form 62-640.210(2)(d), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021.

(c) Ground Water Monitoring.

1. A ground water monitoring program shall be established by the site permittee, and approved by the Department for land application sites when the application rate in the NMP exceeds more than 160 lbs/acre/year of total nitrogen or 40 lbs/acre/year of total P2O5 (i.e. more than 17.4 lbs/acre/year of total phosphorus), or when the soil capacity index is less than 0 mg/kg. When soil fertility testing indicates the soil capacity index has become less than 0 mg/kg, the permittee of a biosolids land application site shall establish a ground water monitoring program in accordance with subparagraph 62-640.650(3)(c)2., F.A.C., below within one year of the date of the sampling results. When ground water monitoring is not required, the permittee shall allow the Department to install ground water monitoring wells at any time during the effective period of the Department-issued facility or land application site permit and conduct monitoring.

2. The ground water monitoring program shall be established in accordance with Rule 62-520.600, F.A.C., and submitted with the site permit application.

3. When a ground water monitoring program is required for a biosolids application site with multiple application zones, one or more of the zones shall be selected by the site permittee and approved by the Department as the model zone(s) for monitoring of the ground water. The model zone(s) shall be representative of each zone’s hydrogeological characteristics, soil characteristics, vegetative cover, biosolids application method, and the characteristics of the biosolids to be applied.

4. A characterization of ground water quality shall be conducted for nitrate (as N), total nitrogen, total phosphorus, pH, fecal coliform, the metals listed in paragraph 62-640.650(3)(a), F.A.C. For new sites, this characterization shall be conducted prior to the application of biosolids. For existing sites, this characterization shall be conducted within 30 days of the date of permit issuance for the site by the Department.

5. Each groundwater monitoring well shall be sampled quarterly for nitrate (as N), total nitrogen, total phosphorus, pH, and fecal coliform.

(d) Surface Water Monitoring.

1. The site permittee shall ensure surface water monitoring for total phosphorus, total nitrogen, and fecal coliform bacteria is conducted for sites when an application site is bordered or crossed by waters of the state and the application zone is located within 1000 feet of waters of the state, excluding wetlands. Monitoring shall be conducted at least quarterly. When surface water monitoring is not required, the permittee shall allow the Department to install equipment to monitor surface water and surface water runoff at any time during the effective period of the Department-issued facility or land application site permit and conduct monitoring.

2. Monitoring of the receiving surface water shall be detailed in a monitoring plan submitted to the Department for approval that meets all the requirements of Rule 62-307.200 and Chapter 62-160, F.A.C.

3. A sampling and analysis plan shall include the components as required by subsection 62-307.200(3), F.A.C.

(e) Unless specifically provided otherwise in this chapter, any laboratory tests required by this chapter shall be performed by a laboratory certified in accordance with paragraph 62-620.610(18)(d), F.A.C. Sample collection required by this chapter shall be performed in accordance with paragraph 62-620.610(18)(e), F.A.C. The Specific Oxygen Uptake Rate (SOUR) test, as required by 40 C.F.R. 503.33(b)(4), shall be conducted within 15 minutes of sample collection and shall be performed by a certified laboratory or under the direction of an operator certified in accordance with Chapter 62-602, F.A.C. Field pH readings at septage management facilities may be taken a septic tank contractors or master septic tank contractors, or facility personnel under the supervision of a septic tank contractor or master septic tank contractor.

(4) Record Keeping Requirements.

(a) Treatment facility permittees shall keep records of the quantities of biosolids generated, received from source facilities, treated, landfilled, incinerated, transferred to another facility, land applied, or distributed and marketed. These records shall be kept for a minimum of five years.

(b) Treatment facility permittees shall keep records of all biosolids monitoring required by paragraph 62-640.650(3)(a), F.A.C., for a minimum of five years.

(c) Treatment facility permittees shall retain the Biosolids Application Site Annual Summaries received in accordance with paragraph 62-640.650(5)(e), F.A.C., indefinitely.

(d) Treatment facility permittees that land apply biosolids and site permittees receiving biosolids shall maintain hauling records to track the transport of biosolids between the treatment facility and the application site. The hauling records for each party shall contain the following information:

Treatment Facility Permittee Records:

1. Date and Time Shipped and Shipment ID

2. Amount of Biosolids Shipped

3. Concentration of are parameters in subparagraph 62-640.650(3)(a)3., F.A.C., and the Date of Analysis

4. Class of Biosolids Shipped

5. Name and ID Number of Permitted Application Site Where Biosolids are Shipped

6. Signature of Certified Operator at the Treatment Facility or Designee

7. Signature of Hauler and Name of Hauling Firm

Site Permittee Records:

1. Date and Time Received and Shipment ID

2. Name and ID Number of Treatment Facility from which Biosolids received

3. Signature of Hauler

4. Signature of Site Manager at the Application Site or Designee

(e) The hauling records shall be kept by both the treatment facility permittee and the site permittee for a minimum of five years and shall be made available for inspection upon request by the Department.

(f) A copy of the treatment facility hauling records required by paragraph 62-640.650(4)(d), F.A.C., shall be provided upon delivery of the biosolids to the site manager.

(g) For each shipment of biosolids received, the site manager shall provide a receipt to the treatment facility within 30 calendar days of delivery of the biosolids. The receipt shall include information required to be maintained by the site permittee in accordance with paragraph 62-640.650(4)(d), F.A.C.

(h) The treatment facility shall maintain each receipt required by paragraph 62-640.650(4)(g), F.A.C., for a minimum of five years.

(i) The treatment facility permittee shall report to the appropriate District Office of the Department within 24 hours of discovery of any discrepancy in delivery of biosolids leaving the treatment facility and arriving at the permitted application site.

(j) Logs and records detailing biosolids applications to each application zone at an application site shall be maintained by the site permittee indefinitely and shall be available for inspection within seven days of request by the Department or the Delegated Local Program. At a minimum, the logs and records for the most recent six months of application shall be available for inspection at the land application site (i.e. maintained onsite). The logs and records shall include:

1. A copy of the approved NMP,

2. The cumulative loading for each zone in accordance with subsection 62-640.700(7), F.A.C.,

3. For each application zone, maintain Biosolids Application Site Log, Form 62-640.210(2)(e), F.A.C., incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021,

4. The results of all soil monitoring, ground water monitoring, and surface water monitoring conducted in accordance with paragraphs 62-640.650(3)(b) through (d), F.A.C.,

5. Records demonstrating compliance with items and operations specified in the NMP such as crop planting records if the NMP calls for planting crops, harvesting dates and yields if the NMP application rate is based on harvesting, applications of other sources of nutrients, or other records identified in the NMP;

6. Records demonstrating compliance with the demonstration submitted with the NMP for sites located within the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds in accordance with subsection 62-640.500(7), F.A.C.; and

7. Records demonstrating compliance with any reasonable assurance provisions contained in the site NMP or water quality monitoirng plan for land application at sites with a seasonal high water table within six inches of the soil surface or depth of biosolids placement in accordance with paragraph 62-640.700(10)(a), F.A.C.

(5) Reporting Requirements.

(a) Treatment facility permittees shall report the following information on the facility’s monthly Discharge Monitoring Report required by subsection 62-620.610(18), F.A.C.

1. The total quantities of biosolids received from source facilities, landfilled, incinerated, transferred to another facility, land applied, or distributed and marketed for the reporting period.

2. The results of all monitoring conducted under subparagraph 62-640.650(3)(a)3., F.A.C., for the month in which the sampling event occurs.

3. For facilities distributing and marketing biosolids in Florida, the information required in subsection 62-640.850(4), F.A.C.

(b) Distribution and Marketing Reporting. Any person who delivers biosolids to Florida for distribution and marketing shall submit a monthly Discharge Monitoring Report that includes the information required in subsection 62-640.850(4), F.A.C., on the Discharge Monitoring Report (DMR) form, DEP Form 62-620.910(10), effective November 29, 1994, adopted and incorporated by reference in Rule 62-620.910, F.A.C., as provided by the Department. The DMR forms shall be mailed to the Department and the delegated program at the addresses specified in the permit or be submitted electronically using the DEP Business Portal at http://www .fldepportal.com/go/. DMR forms shall be submitted in accordance with the frequencies specified on the DMR forms attached to the permit and be postmarked or entered electronically by the 28th day of the month following the month of operation. After December 20, 2023, DMR forms shall be submitted electronically.

(c) Treatment Facility Biosolids Annual Summary. Permittees of wastewater treatment facilities or biosolids treatment facilities permitted for land application shall submit an annual summary of the shipment records required by paragraph 62-640.650(4)(d), and subsection 62-640.880(4), F.A.C., as applicable, on DEP Form 62-640.210(2)(b), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021. The summary shall include all biosolids shipped during the period January 1 through December 31. The summary shall be submitted to the Department and the appropriate delegated program at the addresses specified in the permit. Electronic submittal is preferred and may be available at the DEP Business Portal at http://www.fldepportal.com/go/. After December 20, 2023, summaries shall be submitted electronically. The summary for each year shall be postmarked or electronically submitted by February 19 of the following year.

(d) Biosolids Application Site Annual Summary. The site permittee shall submit an annual summary of land application activity on Form 62-640.210(2)(c), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021. The summary shall include all biosolids land applied during the period January 1 through December 31. The summary shall be submitted to the Department and the appropriate delegated program at the addresses specified in the permit. Electronic submittal is preferred and may be available at the DEP Business Portal at http://www .fldepportal.com/go/. After December 20, 2023, summaries shall be submitted electronically. The summary for each year shall be postmarked or electronically submitted by February 19 of the following year. The summary shall include all of the following, as applicable:

1. The total quantities of biosolids, other solids, nitrogen, phosphorus, potassium, and heavy metals applied to each application zone identified in the site’s NMP. Reporting of heavy metals applied is not required for sites where only Class AA biosolids are applied.

2. The total cumulative loading for the parameters specified in paragraph 62-640.700(7)(b), F.A.C., applied to each application zone identified in the site’s NMP. Cumulative loading shall be determined as described in subsection 62-640.700(7), F.A.C., and shall be calculated for all biosolids applications at a site beginning with the earlier of:

a. The date of the first application of biosolids at the site subject to regulation by Chapter 62-640, F.A.C., or

b. The date of the first application of biosolids at the application site subject to regulation by 40 C.F.R. 503.

3. A summary of the total quantities of biosolids applied from each treatment facility using the application site.

4. The results of any ground water monitoring and surface water monitoring required by paragraphs 62-640.650(3)(c) and (d), F.A.C.

5. A copy of any revised sections of the NMP made in accordance with Rule 62-640.500, F.A.C.

6. Copies of records kept in accordance with subparagraph 62-640.650(4)(j)6., F.A.C., demonstrating compliance with the demonstration submitted with the NMP for sites located within the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds in accordance with subsection 62-640.500(7), F.A.C.

(e) The site permittee shall send copies of the Biosolids Application Site Annual Summary required by paragraph 62-640.650(5)(d), F.A.C., to each treatment facility permittee from which biosolids have been received at the time the Biosolids Application Site Annual Summary is submitted to the Department.

(6) Notification Requirements. Notifications required by paragraphs 62-640.650(6)(a) through (i), F.A.C., shall be provided orally to the appropriate District Office of the Department. A written submittal shall also be provided to the District Office within seven calendar days of the time when a person subject to this chapter becomes aware of the circumstances. The written submittal must include the time and date of the oral notification, and the name of the person to whom the oral notification was made.

(a) If an alternate application site is used under the provisions of subsection 62-640.300(2), F.A.C., the treatment facility permittee using the alternate site must notify the Department within 24 hours before beginning biosolids application at the alternate site.

(b) Surface or ground water quality violations that are discovered as a result of testing shall be reported to the Department within 24 hours of discovery.

(c) Any discrepancy that occurs in the inventory of biosolids leaving a source facility and arriving at a biosolids treatment facility must be reported to the Department and to the source facility by the biosolids treatment facility permittee within 24 hours of discovery under paragraph 62-640.880(4)(c), F.A.C.

(d) Any person intending to import Class AA biosolids from outside Florida for distribution and marketing or land application must notify the Department’s Domestic Wastewater Section in Tallahassee, in writing, at least 30 days before beginning importation, in accordance with subsection 62-640.850(6), F.A.C.

(e) Biosolids treatment facility permittees must notify the Department and all affected parties in writing at least 60 days before ceasing operation, in accordance with paragraph 62-640.880(2)(j), F.A.C.

(f) Treatment facility permittees shall notify the Department, the site manager, and site permittee within 24 hours of discovery of sending biosolids that did not meet the requirements of Rule 62-640.600, F.A.C., or subsection 62-640.700(5), F.A.C., to a land application site.

(g) Treatment facility permittees and those persons who deliver Class AA biosolids for distribution and marketing in Florida shall notify the Department and all persons to whom they delivered or distributed and marketed the Class AA biosolids, within 24 hours of discovery of distributing and marketing biosolids that did not meet the requirements of paragraph 62-640.600(1)(a), F.A.C., subsection 62-640.600(2), F.A.C., or paragraph 62-640.700(5)(a) or (b), F.A.C.

(h) Site permittees shall notify the Department and facilities sending biosolids to the site in writing at least 60 days before ceasing operation of a permitted biosolids land application site.

(i) Permittees of sites where Class A or Class B biosolids are applied shall notify the site land owners and owners of animals that graze on the permitted site in writing within 30 days of discovering that the cumulative loading of molybdenum to the site has reached or exceeded 35.7 lbs per acre. Owners of grazing animals shall be specifically informed about the potential for molybdenosis to occur in the animals. A copy of the notification letter shall be provided to the Department.

History

• Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 3-30-98, Amended 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.700 Requirements for Land Application

(1) Biosolids shall only be applied to land application sites that are permitted by the Department in accordance with Rule 62-640.300, F.A.C., and have a valid NMP.

(2) All biosolids applied to land application sites shall meet the requirements of Class AA, Class A, or Class B biosolids as defined in subsections 62-640.200(10), (11), and (12), F.A.C.

(3) Biosolids applied at agricultural sites shall be applied at rates established in accordance with the NMP.

(4) Biosolids applied at land reclamation sites shall also meet the additional requirements of Rule 62-640.800, F.A.C., and be applied at rates established in the approved Biosolids Site Permit Application, Form 62-640.210(2)(d), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021 for the site.

(5) Parameter Concentrations.

(a) Biosolids may be applied to a land application site only if all parameter concentrations do not exceed the following ceiling concentrations in any sample, and the biosolids meet the pathogen and vector attraction reduction requirements set forth in Rule 62-640.600, F.A.C., for the intended site use.

Ceiling Concentrations

Parameter

Single Sample Concentration (mg/kg dry weight basis)

Arsenic

75

Cadmium

85

Copper

4,300

Lead

840

Mercury

57

Molybdenum

75

Nickel

420

Selenium

100

Zinc

7,500

(b) In addition to meeting the single sample requirements of paragraph 62-640.700(5)(a), F.A.C., Class A biosolids may be classified as Class AA biosolids only if the monthly average parameter concentrations do not exceed the following criteria:

Class AA Parameter Concentrations

Parameter

Monthly Average Concentration (mg/kg dry weight basis)

Arsenic

41

Cadmium

39

Copper

1,500

Lead

300

Mercury

17

Nickel

420

Selenium

100

Zinc

2,800

(c) If the biosolids must be blended with other materials to meet the Class AA criteria of paragraph 62-640.700(5)(b), F.A.C., the blending shall be conducted by a Department permitted domestic wastewater treatment facility or biosolids treatment facility before the biosolids are distributed or marketed. The blending methodology shall be specified in the facility’s permit.

(6) General Application Site Requirements.

(a) Biosolids shall be applied with appropriate techniques and equipment to assure uniform application over the application zone.

(b) Class A and Class B biosolids treated by alkaline addition shall be applied by the best management practice of incorporation or injection unless the application area is located at a distance greater than one-quarter mile from the application site property line. This distance shall be decreased to the setback distance provided by subparagraph 62-640.700(8)(b)2., F.A.C., if the affected adjacent property owner provides written consent.

(c) Class A and Class B biosolids treated by alkaline addition shall be land applied within 24 hours of delivery to the site.

(d) The spraying of liquid domestic wastewater biosolids from an application vehicle shall be conducted so that the formation of aerosols is minimized. Unless specifically stated in the wastewater permit or site permit, spray guns shall not be used.

(e) Biosolids shall not be stored, stockpiled, or staged at a land application site for more than seven days unless approved by the Department pursuant to subparagraph 2., below.

1. All biosolids storage, stockpiling, or staging at land application sites shall:

a. Meet the applicable setback requirements for biosolids application sites in subsection 62-640.700(8), F.A.C.,

b. Not cause or contribute to runoff of biosolids, objectionable odors, or vector attraction; and,

c. For Class B biosolids, include fencing or other appropriate features to discourage the entry of animals and unauthorized persons.

2. The Department shall approve storage periods for longer than seven days if the following conditions are met:

a. The storage area and facilities are identified in the NMP and site permit application,

b. The applicable storage requirements of subparagraph 62-640.700(6)(e)1., F.A.C., are met,

c. All of the biosolids stored at the application site, up to the capacity of the onsite storage facilities, can be land applied without resulting in an exceedance of cumulative loading limits or the application rates established in the NMP,

d. The storage facilities are adequate for the rate of biosolids generated by permitted treatment facilities sending biosolids to the application site,

e. A longer storage period is needed because of agricultural operations or climatic factors at the application site; and,

f. In addition to the provisions of subparagraph 62-640.700(6)(e)1., F.A.C., measures to prevent leaching of nutrients are also implemented.

3. In no case shall storage of biosolids exceed two years.

4. EPA’s Guide to Field Storage of Biosolids, paragraph 62-640.210(1)(k), F.A.C., provides guidance to assist permittees in the field storage, stockpiling, and staging of biosolids.

(f) Class B biosolids application sites shall be posted with appropriate advisory signs in English and Spanish which identify the nature of the project area and comply with the following requirements.

1. Signs shall be posted at all entrances to land application sites in such a position as to be clearly noticeable. The words “Class B Biosolids Site” (in Spanish “Sitio con Biosólidos”), “Public Access Prohibited” (in Spanish “Prohibido el Acceso al Público”), and the name and contact information of the site manager shall appear prominently on the signs.

2. For unfenced application sites, additional signs shall be posted at the corners and at a maximum of 500 feet intervals along the boundaries of the application site or zones, and in such a position as to be clearly noticeable from outside the boundary line of the application site. The words “Public Access Prohibited” (in Spanish “Prohibido el Acceso al Público”) shall appear prominently on the signs.

3. Letters on the signs for all required statements shall not be less than two inches in height. Signs shall be maintained and legible.

(7) Cumulative Application Limits.

(a) For Class A and Class B biosolids the total cumulative loading of each parameter identified in paragraph 62-640.700(7)(b), F.A.C., which is applied to each application zone on an application site shall be determined and provided to the Department in the annual summary submitted on Department Form 62-640.210(2)(c), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021. The beginning date for cumulative loading determination shall be as described in subparagraph 62-640.650(5)(d)2., F.A.C. The total cumulative loading shall be reported in pounds per acre (1 acre = 0.4047 hectare).

(b) The application of Class A and Class B biosolids to application zones which accept biosolids that meet the ceiling concentration limits in subsection 62-640.700(5), F.A.C., shall be restricted by the following cumulative application limits:

Cumulative Application Limits

Parameter

Limit (pounds per acre)

Arsenic

36.6

Cadmium

34.8

Copper

1,340

Lead

268

Mercury

15.2

Molybdenum

Report only

Nickel

375

Selenium

89.3

Zinc

2,500

(c) If one or more zone(s) at an application site changes ownership or becomes part of a different application site, the cumulative loading determination for the affected zone(s) shall account for the prior applications of biosolids.

(d) If biosolids that are subject to the cumulative loading limitations of subsection 62-640.700(7), F.A.C., have been applied to an application zone, and the cumulative loading amount of one or more pollutants is not known, no further applications of biosolids shall be made to that application zone. To continue use of the zone, the permittee shall establish cumulative loadings below the application limits in paragraph 62-640.700(7)(b), F.A.C., by calculation methods and analysis or by conducting soil testing in accordance with subparagraph 62-640.650(3)(b)2., F.A.C.

(8) Setback Distances.

(a) The following setback distances shall apply to land application sites that accept either Class A or Class B biosolids.

1. The biosolids land application zone shall not be located closer than 1,000 feet to any Class I water body, Outstanding Florida Water or Outstanding National Resource Water, or 200 feet from any other surface water of the state as defined in Section 403.031, F.S. This setback does not apply to waters owned entirely by one person other than the state, nor to canals or bodies of water used for irrigation or drainage, which are located completely within the application site and will not discharge from the application site. The setback area shall be vegetated. The 200 foot setback distance from surface waters shall be reduced to 100 feet if the biosolids are injected or incorporated into the soil.

2. The biosolids land application zone shall not be located closer than 300 feet from any private drinking water supply well or 500 feet from any public drinking water supply well.

3. The land application zone and an area 200 feet wide adjacent to the application zone shall contain no visible evidence of subsurface fractures, solution cavities, sink holes, excavation core holes, abandoned wells or any other natural or man-made conduits that could allow direct contamination of ground water.

4. Biosolids shall not be stored or stockpiled at a land application site within 1,320 feet of a building occupied by the general public. This distance shall be decreased to the setback distance provided by subparagraph 62-640.700(8)(b)1., F.A.C., if the owner of the building provides written consent.

(b) The following additional setback distances shall apply to land application sites that accept Class B biosolids.

1. Class B biosolids shall not be applied within 300 feet of a building occupied by the general public. This distance shall be reduced to 100 feet if biosolids are injected into the soil or if written permission is obtained from the building owner.

2. Class B biosolids shall not be applied within 75 feet from property lines, unless applied to the medians or roadway shoulders of restricted public access roads.

(9) The pH of the soil or the biosolids soil mixture of an application zone shall be 5.0 or greater at the time Class A or Class B biosolids are applied. At a minimum, soil pH testing shall be done annually.

(10) Seasonal High Water Table.

(a) In accordance with subsection 62-640.400(14), F.A.C., biosolids shall not be applied on soils that have a seasonal high water table less than 6 inches from the soil surface or within 6 inches of the intended depth of biosolids placement, unless a Department-approved nutrient management plan and water quality monitoring plan provide reasonable assurance that the land application of biosolids at the site will not cause or contribute to a violation of the state’s surface water quality standards or ground water standards.

(b) A minimum unsaturated soil depth of two feet is required between the depth of biosolids placement and the water table level at the time the Class A or Class B biosolids are applied to the soil.

(c) The permittee can indicate the seasonal high ground water table for each application zone at the application site in the Biosolids Site Permit Application, Form 62-640.210(2)(d), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021 by use of soil survey maps or by an evaluation conducted by a professional engineer who is licensed in the State of Florida or a professional soil scientest certified and registered by the Florida Association of Environmental Soil Scientests. The methodologies set forth in the document “Soil and Water Relationships of Florida’s Ecological Communities,” Florida Soil Conservation Staff 1992, https://floridadep.gov/sites/default/files/soil-and-water.pdf), which the Department adopts and incorporates by reference, and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13265 and from the Department of Environmental Protection, Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, may be used to establish the seasonal high water table.

(d) If the seasonal high ground water level is within two feet of the depth of biosolids placement, the water table level shall be determined in one or more representative location(s) in the application zone before each application of biosolids, by measuring the water level in a water-table monitoring well or a piezometer.

(11) Runoff Prevention Requirements.

(a) Biosolids shall not be applied at an application zone during rain events that cause ponding or sheet flow, when ponding exists, or when surface soils are saturated.

(b) Topographic grades of the land application zone must be eight percent or less. If application site slopes exceed three percent in one or more application zones, biosolids shall be injected or incorporated, or documentation shall be provided with the NMP demonstrating that suitable soil infiltration rates and stormwater control measures exist at the application site to retain runoff generated by a 10-year recurrence interval 1-hour duration storm event. Berms shall be placed for this purpose if necessary.

(c) Biosolids shall not be land applied on soils having a flooding frequency class of “frequent” or “very frequent”, or on soils having a flooding duration class of “long” or “very long,” as given in soil surveys and as defined by the NRCS in Section 618.31 of the National Soil Survey Handbook, as of August 2019, hereby adopted and incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13266 and from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(12) Additional Application Site Restrictions for Class B Biosolids. The following restrictions shall apply to the use of Class B biosolids:

(a) Class B biosolids shall only be applied to restricted public access areas. The public shall be restricted from the application zone for 12 months after the last application of biosolids.

(b) Plant nursery use of Class B biosolids is limited to plants which will not be sold to the public for 12 months after the last application of biosolids.

(c) Use of Class B biosolids on roadway shoulders and medians is limited to restricted public access roads.

(d) Food crops, feed crops, and fiber crops shall not be harvested for 30 days following the last application of Class B biosolids.

(e) Food crops with harvested parts that touch the biosolids/soil mixture and are totally above the land surface shall not be harvested for 14 months after the last application of Class B biosolids.

(f) Food crops with harvested parts below the surface of the land shall not be harvested for 20 months after application of Class B biosolids when the biosolids remain on the land surface for four months or longer before incorporation into the soil.

(g) Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of Class B biosolids when the biosolids remain on the land surface for less than four months before incorporation into the soil.

(h) Animals shall not be grazed on land on which Class B biosolids have been applied for 30 days after the last application of Class B biosolids. Animals found grazing prior to the end of the 30-day restriction shall be reported by the site manager to the Florida Department of Agriculture and Consumer Services (FDOACS), Bureau of Animal Disease Control, within two weeks of discovery.

(i) Sod or soil which will be distributed or sold to the public or used on unrestricted public access areas shall not be harvested or removed from land on which Class B biosolids have been applied for 12 months after the last application of Class B biosolids.

(j) If ownership of a land application site changes prior to the expiration of a time period restriction established by paragraphs 62-640.700(12)(a)-(i), F.A.C., the existing owner shall disclose to the prospective owner the existence of the restriction(s) prior to transferring ownership.

History

• Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.700, Amended 3-30-98, 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.750 Agricultural Sites

History

• Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 3-30-98, Repealed 8-29-10.

Fla. Admin. Code R. 62-640.800 Additional Requirements for Land Application at Reclamation Sites

(1) The maximum application quantity of biosolids for land reclamation projects shall be limited to 50 dry tons/acre with such one-time reclamation project to be accomplished within a one-year period on any acre of a land reclamation site. When composted biosolids or biosolids blended with other soil amendment materials are used, only the biosolids portion of the blended product shall count toward the 50 dry tons/acre limitation.

(2) Except for Class AA biosolids the applied material shall be incorporated into the soil within the same day as application.

(3) Seed, turf-forming grass or other vegetative cover approved by the Department, shall be planted as soon as possible but in no case later than three months after the application of biosolids.

(4) Topographical grading shall be completed before application begins.

(5) Ground water and surface water monitoring shall be conducted for reclamation sites as provided in paragraphs 62-640.650(3)(c) and (d), F.A.C.

(6) In addition to the above requirements, land reclamation projects at mining reclamation sites shall be in compliance with any other applicable Department rules concerning mining reclamation.

History

• Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.800, Amended 3-30-98, 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.850 Distribution and Marketing of Class AA Biosolids

The distribution and marketing of biosolids or biosolids products shall meet the requirements of this section and this chapter, but are not required to meet subsections 62-640.300(2) and (3), F.A.C.; Rule 62-640.500, F.A.C.; paragraphs 62-640.650(3)(b) through (d), F.A.C.; paragraphs 62-640.650(4)(c) through (j), F.A.C.; paragraphs 62-640.650(5)(c) through (e), F.A.C.; paragraphs 62-640.650(6)(a), (b), (f), and (g), F.A.C.; subsections 62-640.700(1) through (4), F.A.C.; subsections 62-640.700(6) through (12), F.A.C.; and rule 62-640.800, F.A.C.

(1) Distributed and marketed biosolids or biosolids products shall meet the requirements for Class AA biosolids as defined in subsection 62-640.200(11), F.A.C.

(2) Distributed and marketed biosolids or biosolids products shall be distributed and marketed as a fertilizer in accordance with Chapter 576, F.S., and Chapter 5E-1, F.A.C., or distributed and marketed to a person or entity that will sell or give-away the biosolids or biosolids products as a fertilizer or as a component of a fertilizer subject to Chapter 576, F.S., and Chapter 5E-1, F.A.C. For the purposes of this chapter, biosolids composts that are distributed and marketed outside of the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds, as defined in Section 373.4595, F.S., do not have be to distributed and marketed as a fertilizer if the biosolids compost product is enrolled and certified under the U.S. Composting Council’s (USCC) Seal of Testing Assurance (STA) program under the USCC STA program document, Rules for STA Certified Compost, May 6, 2020, hereby adopted and incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13267. A copy of the USCC STA program document is available from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(3) Any treatment facility which produces biosolids in Florida that will be distributed and marketed or any person who delivers biosolids to Florida to be distributed and marketed shall submit the information listed in paragraph 62-640.850(3)(b), F.A.C., to the Department.

(a) The information shall be submitted as follows:

1. Florida facilities shall submit the information with the treatment facility permit application. The information shall be updated and re-submitted with each permit renewal application.

2. Persons shipping biosolids into Florida for distribution and marketing shall submit the information with the notification required by subsection 62-640.850(6), F.A.C. The information shall be updated and re-submitted every five years.

(b) The information shall include:

1. The Florida fertilizer license number assigned in accordance with Florida’s Commercial Fertilizer Law, Chapter 576, F.S., and Chapter 5E-1, F.A.C., under which the biosolids or biosolids products will be distributed and marketed or documentation showing proof of certification for biosolids composts enrolled in the USCC STA program,

2. The quantity and characteristics of the biosolids or biosolids products to be distributed and marketed annually,

3. A description of the planned distribution and marketing operations, methods, and procedures,

4. Procedures for transportation, storage, and application for the biosolids or biosolids products by the facility or person shipping biosolids into Florida for distribution and marketing,

5. The label or information sheet, as applicable, to be provided at the time of distribution and marketing of the biosolids in accordance with subsection 62-640.850(5), F.A.C., Chapter 576, F.S., and Chapter 5E-1, F.A.C., or equivalent information for biosolid composts certified and enrolled in the USCC STA program,

6. Management procedures for ensuring biosolids meet Class AA requirements prior to distribution and marketing, including procedures for notifying persons who received biosolids that failed to meet Class AA requirements; and,

7. Contingency plans if the biosolids or biosolids products are not distributed or marketed as planned.

(4) Any treatment facility distributing and marketing biosolids in Florida or any person who delivers biosolids to Florida shall submit a monthly Discharge Monitoring Report with the following information:

(a) The total quantity of biosolids (dry tons) distributed and marketed in Florida. Treatment facility permittees in Florida also shall report the total quantity of biosolids (dry tons) distributed and marketed outside of Florida;

(b) The name and address of the treatment facility or person that produced the biosolids; and,

(c) The results of monitoring performed in accordance with subparagraph 62-640.650(3)(a)3., F.A.C. For facilities located outside the state of Florida, a biosolids analysis report(s) from a laboratory certified in accordance with paragraph 62-620.610(18)(d), F.A.C., to perform the analyses being reported, for each month the biosolids were distributed and marketed in Florida, shall be included with the Discharge Monitoring Report.

(5) In addition to any fertilizer labeling requirements of Chapter 576, F.S., and Chapter 5E-1, F.A.C., or the equilavent information for biosolids composts certified and enrolled in the USCC STA program, the following information must be made available to the users by the manufacturer by product labels or other means:

(a) The name and address of the treatment facility or person that produced the biosolids;

(b) A statement that the biosolids or biosolids product meets the criteria of subsection 62-640.700(5), F.A.C.;

(c) Recommendations on proper storage of the biosolids or biosolids product prior to use and a recommendation that biosolids be applied at a rate that does not exceed crop or plant nutrient needs. For distributed quantities of biosolids or biosolids products greater than one dry ton, the recommendations on proper storage shall include the prohibition language from subsection 62-640.400(13), F.A.C.

(6) Any person who intends to begin shipping biosolids into Florida for distribution and marketing shall notify the Department in writing of their intent to distribute and market the biosolids in Florida and provide reasonable assurance that the biosolids meet the requirements for Class AA biosolids. The notification shall be sent to the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, FL 32399-2400. The notification shall be submitted at least 30 days prior to initiating shipment of the biosolids into Florida. Any persons currently shipping biosolids into Florida for distribution and marketing shall have 90 days after August 29, 2010 to provide the notification. The notification shall include:

(a) The name of the treatment facility producing the biosolids;

(b) A copy of the treatment facility permit from the state permitting authority where the facility is located;

(c) The treatment facility address and telephone number;

(d) The name of the person or entity shipping the biosolids into Florida;

(e) The name of the principal executive officer or authorized agent for the entity shipping the biosolids into Florida;

(f) The contact information for the person or entity shipping the biosolids into Florida;

(g) A description of how the biosolids meet the requirements of Rule 62-640.850, F.A.C., and documentation demonstrating the biosolids meet the pathogen reduction and vector attraction reduction requirements;

(h) A copy of the latest analysis report from a laboratory certified in accordance with paragraph 62-620.610(18)(d), F.A.C.;

(i) A copy of the most recent treatment facility annual report submitted to EPA in accordance with 40 C.F.R. 503.18, codified as of July 1, 2018, which the Department hereby adopts and incorporates by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13268. A copy of 40 C.F.R. 503.18 is available from the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Facilites not required by EPA to submit an annual report shall submit a report equivalent to an EPA report in accordance with 40 C.F.R. Section 503.18;

(j) The approximate date of the first shipment into Florida;

(k) The brand name and product type of the biosolids; and,

(l) The information listed in subsection 62-640.850(3), F.A.C.

(7) By February 19 of each year, any person shipping biosolids to Florida for distribution and marketing shall submit a copy of the applicable EPA facility annual biosolids report required by 40 C.F.R. 503.18, to the Wastewater Management Program, M.S. 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

History

• Rulemaking Authority 373.043, 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 373.4595, 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.850, Amended 3-30-98, 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.860 Other Solids

(1) General Criteria. The disposal or use of other solids as defined in subsection 62-640.200(30), F.A.C., shall be authorized in a Department treatment facility permit and addressed in the NMP for the permitted application site.

(a) The beneficial use of other solids which meets the criteria of subsection 62-640.860(2), F.A.C., shall be authorized in a wastewater permit.

(b) The disposal of other solids which does not meet the criteria of subsection 62-640.860(2), F.A.C., shall be in accordance with the design and operational criteria of Chapter 62-701, F.A.C.

(2) Beneficial Use of Other Solids. Other solids may be used in a way which is beneficial to the land if all of the following conditions are met.

(a) The permittee shall demonstrate how use of the other solids will be beneficial to the land, such as use as a soil amendment.

(b) The other solids shall be monitored and analyzed in accordance with Rule 62-640.650, F.A.C.

(c) The other solids shall meet the pathogen and vector attraction reduction requirements of Rule 62-640.600, F.A.C. The Department shall review and approve the design and operational parameters of the treatment method used to reduce pathogens and vector attraction during application for a wastewater permit.

(d) The land application of other solids shall meet all of the criteria provided in Rule 62-640.700, F.A.C., for land application of biosolids.

(e) The application rate of other solids to land shall be consistent with the NMP.

(3) Other solids which are combined with biosolids prior to final treatment of the biosolids are subject to all of the requirements of this chapter that apply to biosolids.

History

• Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 403.021, 403.051, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 3-30-98, Amended 8-29-10, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.870 Approval of Alternative Procedures and Requirements

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.870, Repealed 3-30-98.

Fla. Admin. Code R. 62-640.880 Additional Requirements Related to Biosolids Treatment Facilities

The requirements of this section shall apply to any facility that treats biosolids from other facilities prior to use, land application, or disposal. These requirements also apply to septage management facilities that treat domestic septage and combinations of food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marina pumpout, or other onsite systems prior to use, land application, or disposal.

(1) General Criteria.

(a) The biosolids treatment management facility permittee shall be responsible for proper treatment, management, use, land application, and disposal of the biosolids it accepts from a source facility, according to the requirements of this chapter.

1. The biosolids applied to land or distributed and marketed shall meet the pathogen reduction and vector attraction reduction requirements of Rule 62-640.600, F.A.C.

2. The biosolids treatment facility shall meet the monitoring, record keeping, reporting and notification requirements of Rule 62-640.650, F.A.C., and the additional requirements of this section.

3. The biosolids shall be applied to land or distributed and marketed in accordance with the applicable requirements of Rules 62-640.700, 62-640.800, 62-640.850, F.A.C., and the additional requirements of this section.

(b) The source facility permittee shall not be held responsible for treatment, management, use, land application, or disposal violations that occur after its biosolids have been accepted by a permitted biosolids treatment facility with which the source facility permittee has an agreement in accordance with paragraph 62-640.880(1)(c), F.A.C., for further treatment, management, use, land application, or disposal.

(c) The source facility and the biosolids treatment facility shall enter into a written agreement addressing the quality and quantity of the biosolids accepted by the biosolids treatment facility. The agreement shall include a statement, signed by the biosolids treatment facility permittee, as to the availability of sufficient permitted capacity to receive the biosolids from the source facility, and indicating that the biosolids treatment facility will continue to operate in compliance with the requirements of its permit. The agreement shall also address responsibility during transport of biosolids between the facilities. The biosolids treatment facility permittee shall submit a copy of this agreement to the appropriate District Office of the Department, or to the delegated Local Program, at least 30 days before transporting biosolids from the source facility to the biosolids treatment facility.

(2) Permitting.

(a) Fees. For the purpose of determining applicable permit fees, the biosolids treatment facility shall be classified as Type I, II, or III based on the design capacity established by the permittee as follows:

Type

Design Capacity (Dry Tons Per Year)

Design Capacity (Dry Tons Per Day)

I

≥1,653

≥4.5

II

320-1,653

0.88-4.5

III

≤320

≤0.88

(b) All applications for biosolids treatment facility permits shall be submitted on Department Form 62-620.910(2), Application Form 2A, Permit for Domestic Wastewater Treatment and Reuse or Disposal Facility.

(c) Under the requirements of this chapter and the applicable requirements of Chapters 62-600 and 62-620, F.A.C., the biosolids treatment facility shall be permitted to treat either biosolids or combinations of biosolids, domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marina pumpout, and other onsite systems. A biosolids treatment facility shall not accept industrial sludges unless specific approval is granted in the biosolids treatment facility permit. A separate approval shall be obtained for each source of industrial sludge that will be accepted by the biosolids treatment facility. Approval shall be granted only if it is determined that the industrial sludge will not interfere with the beneficial use of the biosolids treated by the biosolids treatment facility. This determination shall be based on an evaluation of all parameters in the industrial sludge.

(d) A domestic wastewater treatment facility that intends to accept biosolids from other facilities and that already holds a valid wastewater permit shall not be required to obtain a separate permit as a biosolids treatment facility, but shall obtain a permit revision based on the requirements of this section.

(e) An applicant for a wastewater permit for a new biosolids treatment facility or substantial modifications to an existing facility shall submit a preliminary design report or other information as specified for domestic wastewater facilities in Rule 62-620.412, F.A.C., for review by the Department as part of the application for permit. As appropriate, the preliminary design report shall include the following:

1. Types, quantities and characteristics of all materials to be treated at the facility. If the facility will treat wastes removed from portable toilets, or wastes removed from holding tanks associated with boats, marina pumpout, and other onsite systems, the preliminary design report shall also address the organic loading from those wastes, and chemical additives that may be present in such wastes,

2. The design capacity, which shall address the contribution of all materials that will be treated at the facility (i.e., biosolids, domestic septage, food establishment sludge, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marina pumpout, and other onsite systems),

3. The design ratios of domestic septage, food establishment sludges, and wastes removed from portable toilets, or wastes removed from holding tanks associated with boats, marina pumpout, and other onsite systems,

4. A site plan showing operations and unit processes; 100-year and 25-year flood elevations; approximate finish elevations for all major treatment units, mixing tanks; storage tanks; and equipment,

5. An assessment of environmental effects of the project, including odor, dust and noise control, public accessibility, proximity to existing and proposed residential areas, flood protection, and lighting,

6. Class of pathogen reduction and vector attraction reduction that will be achieved in accordance with subsections 62-640.600(1) and (2), F.A.C., and a description of treatment processes and equipment that will be used,

7. Technical information and design criteria for treatment facilities, including:

a. Hydraulic and organic loading rates – minimum, average, and maximum quantities for the treatment processes,

b. Metering and sampling provision,

c. Solids retention time,

d. All treatment process parameters to be monitored,

e. Chemical addition facilities, if applicable,

f. Removals or cencentrations with separate tabulation for each unit handling solid fractions with supporting data including design calculations,

g. Mode of operation (batch or continuous),

h. Corrosion control measures; and,

i. Onsite storage of treated and untreated biosolids, storage of chemicals, and alternate disposal methods,

8. Process diagrams, including:

a. Expected dimensions of unit operations and processes, capacities and volumes,

b. Process configuration,

c. Hydraulic profile,

d. Organic loading profile,

e. Solids profile,

f. Solids control system; and,

g. Flow diagram with capacities,

9. Operation and control strategies included for prevention of upsets, spill prevention and control, leachate collection if applicable, alternate disposal methods, and reliability classification and features; and,

10. Composting facilities shall identify the bulking agent, recommended mixing ratios and moisture content, aeration methods, retention times for curing and drying, precipitation and runoff control measures, and provisions to reduce particle size of larger yard trash items such as limbs, trees and tree stumps to promote composting.

(f) All biosolids treatment facilities permitted as Type I or Type II biosolids management facilities shall provide reliability features, such as redundancy of equipment, to provide for the continued and timely treatment of all biosolids the facility has the responsibility to treat.

(g) Operation and maintenance performance reports shall be required of all permittees in accordance with subsection 62-600.735(1), F.A.C., and shall address all process components, such as digesters, holding tanks, pumps, mixers, chemical feed equipment, and safety requirements.

(h) Biosolids treatment facilities shall be exempt from the capacity analysis report requirement of Rule 62-600.405, F.A.C.

(i) An operation and maintenance manual shall be prepared for all biosolids treatment facilities, in accordance with Rule 62-600.720 and Chapter 62-620, F.A.C. In addition to the requirements specified in Chapters 62-620 and 62-600, F.A.C., the operation and maintenance manual shall provide the operator with procedures for:

1. Controlling and verifying the type of waste received at the facility,

2. Vehicle traffic control and unloading,

3. Measures to avoid mixing incoming untreated biosolids with treated biosolids,

4. Maintaining hauling records in accordance with subsection 62-640.880(4), F.A.C.; and,

5. Storage of biosolids and other materials at the site.

(j) Staffing. The level of operator staffing at a biosolids treatment facility shall be as follows:

Class Of Biosolids**

Staffing: Type I*

Staffing: Type II*

Staffing: Type III*

A/AA

Class A Operator

8 hours/day

5 days/week

Class B OperatoR

4 hours/day

5 days/week

Class B Operator

2 hours/day

5 days/week

B

Class A Operator

2 hours/day

5 days/week

Class B Operator

1 hour/day

5 days/week

Class C Operator

1 hour/day

3 days/week

B***

Class A Operator

1 hour/day

5 days/week

Class B Operator

1 hour/day

3 days/week

1 hour/week

*Classification of Type of facility as determined by paragraph 62-640.880(2)(a), F.A.C.

**Class of pathogen reduction achieved by the biosolids treatment facility in accordance with subsection 62-640.600(1), F.A.C.

***This category is for Class B liquid alkaline stabilization only.

1. The operator classification requirements shall be in accordance with Chapter 62-699, F.A.C.

2. Operator staffing requirements for facilities addressed in paragraph 62-640.880(2)(d), F.A.C., shall be established as the more stringent of either the requirements in Chapter 62-699, F.A.C., or the requirements in paragraph 62-640.880(2)(j), F.A.C. For septage management facilities with a permitted capacity equivalent to 10,000 gallons per day or less, the Class C operator requirements given in paragraph 62-640.880(2)(j), F.A.C., may be substituted with a registered septic tank contractor or master septic tank contractor.

3. In addition to the above staffing requirements, other personnel that are trained in the treatment process and equipment being used, working under the direction of a certified operator, shall be present at the biosolids treatment facility during loading and unloading operations and during other operating hours as recommended in the preliminary design report.

4. If justified by the complexity of the treatment process, the Department shall require a higher classification, more frequent visits, or more hours per day. Requests to alter or decrease staffing requirements shall be made through a minor permit revision under Rule 62-620.325, F.A.C., and shall be based upon site-specific requirements, facility operation, risk to public health and the environment, and the presence of other trained personnel.

(k) The biosolids treatment facility permittee shall be responsible for making the facilities safe in terms of public health and safety at all times, and shall notify the Department and all affected parties, in writing, at least 60 days before ceasing operation in accordance with subsection 62-620.610(15), F.A.C.

(3) Treatment Facility Biosolids Plan.

(a) For land application the biosolids treatment facility shall submit a Treatment Facility Biosolids Plan, Form 62-640.210(2)(a), incorporated in subsection 62-640.210(2), F.A.C., effective June 21, 2021 with its wastewater permit application under subsection 62-640.300(2), F.A.C.

(b) A source facility shall not be required to submit a Treatment Facility Biosolids Plan for the land application of biosolids that are transported to a biosolids treatment facility which is permitted under this chapter.

(4) Hauling Records.

(a) The biosolids treatment facility and the source facility transporting the biosolids shall maintain hauling records to track the transport of biosolids between facilities. The hauling records for each party shall contain the following information:

Source Facility Records:

Biosolids Treatment Facility:

1. Date and Time Shipped

2. Date and Time Received

3. Amount of Biosolids Shipped

4. Amount of Biosolids Received

5. Degree of Treatment (if applicable)

6. Name and ID Number of Source Facility

7. Name and ID Number of Biosolids Treatment Facility

8. Signature of Hauler

9. Signature of Responsible Party at Source Facility

10. Signature of Responsible Party at Biosolids Treatment Facility

11. Signature of Hauler and Name of Hauling Firm

(b) The hauling records shall be kept by both facility permittees for five years and shall be made available for inspection upon request by the Department. A copy of the hauling records information maintained by the source facility shall be provided upon delivery of the biosolids to the biosolids treatment facility.

(c) The biosolids treatment facility permittee shall report to the Department within 24 hours of discovery any discrepancy in the quantity of biosolids leaving the source facility and arriving at the biosolids treatment facility.

(5) Monitoring.

(a) The Department shall not require the source facility to sample and analyze the biosolids in accordance with subsection 62-640.650(3), F.A.C., unless:

1. Final treatment is performed by the source facility before transport to the biosolids treatment facility; and,

2. The quality of the biosolids is not changed at the biosolids treatment facility.

This provision shall not prevent the source facility from performing sampling and analysis separate from the source facility’s Department permit if such sampling and analysis is mutually agreed to by the source facility and the biosolids treatment facility.

(b) Sampling and analysis shall be conducted by the biosolids treatment facility in accordance with subsection 62-640.650(3), F.A.C., and shall be performed after final treatment, but before use or land application. The minimum monitoring frequency shall be determined under subparagraph 62-640.650(3)(a)4., F.A.C. The Department shall increase or reduce the monitoring frequency in accordance with Rule 62-640.650, F.A.C.

(6) Septage Management Facilities.

(a) Septage management facilities that treat more than 10,000 gallons per day monthly average daily flow or equivalent, or more than 20,000 gallons or equivalent on any one day, shall meet all the requirements of Rule 62-640.880, F.A.C., except that septage management facilities are exempt from the inter-facility agreement requirements of paragraph 62-640.880(1)(c), F.A.C., and the hauling records requirements of subsection 62-640.880(4), F.A.C.

(b) If a permittee intends to use a septage management facility to treat biosolids, the facility must be permitted as a biosolids treatment facility in accordance with the requirements of this section.

History

• Rulemaking Authority 403.051, 403.061, 403.062, 403.0855, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 403.021, 403.051, 403.061, 403.0855, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 3-30-98, Amended 8-29-10, 6-21-21, Reviewed 9-10-26.

Fla. Admin. Code R. 62-640.610 Applicability

History

• Rulemaking Authority 403.061, 403.062, 403.087, 403.088, 403.704, 403.707 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.0881, 403.702, 403.704, 403.707, 403.708 FS. History–New 8-12-90, Formerly 17-640.110, Repealed 3-30-98.

Chapter 62-650 WATER QUALITY BASED EFFLUENT LIMITATIONS

Fla. Admin. Code R. 62-650.200 Definitions

Terms used in this rule shall have the meaning specified below. The meaning of any term not defined below may be taken from definitions in other rules of the Department, unless such meaning would defeat the purposes or intent of the Chapter 62-600, F.A.C., rule series.

(1) “Affected discharger” is an existing permitted wastewater discharger, or a proposed wastewater discharger which has either a pending permit application, is included in a Step 1 201 Facilities Plan, has a conceptually approved Development of Regional Impact, or otherwise can demonstrate a substantial likelihood of discharging the pollutant within five years.

(2) “Allowable loading” or “available assimilative capacity” is that portion of the loading capacity of a water body that is available for allocating to a point source discharger(s) through regulation by the Department. It is the difference between the loading capacity and the total loading of pollutants from other sources, such as background, nonpoint sources, and exempt sources.

(3) “Approved methods” means sampling and laboratory testing methods approved by the Department, as specified by Rule 62-4.246, F.A.C.

(4) “Assimilative capacity” means the capacity of a body of water or soil-plant system to receive wastewater effluents or sludges without violating the provisions of Chapters 62-3, 62-4, 62-7, F.A.C., and this rule.

(5) “Department” means the Department of Environmental Protection.

(6) “District office” means the regional district offices of the Department.

(7) “Effluent,” unless specifically stated otherwise, means treated wastewater flowing out of the treatment plant.

(8) “Effluent limitation” means any restriction established by the Department on quantities, rates, or concentrations of chemical, physical, biological, or other constituents which are discharged from sources into the environment of the state.

(9) “Estuary” means a semi-enclosed naturally existing coastal body of water which has a free connection with the open sea and within which the chloride concentration at the surface is equal to or greater than 1,500 milligrams per liter.

(10) “Groundwater” means water below the land surface in the zone of saturation where water is at or above atmospheric pressure.

(11) “Loading capacity” is the greatest amount of a pollutant loading (in terms of mass per time or mass per volume) that a water body can receive without violating water quality standards. Such loading shall be established at a level necessary to implement the applicable water quality standards with a margin of safety which takes into account any lack of knowledge concerning the relationship between effluent limitations and water quality.

(12) “Surface water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.

(13) “Technology based effluent limitation (TBEL)” means a minimum waste treatment requirement, established by the Department, based on treatment technology. The minimum treatment requirements may be set at levels more stringent than that which is necessary to meet water quality standards of the receiving water body as set out specifically in other sections of this rule.

(14) “Water quality based effluent limitation (WQBEL)” means an effluent limitation, which may be more stringent than a technology based effluent limitation, that has been determined necessary by the Department to ensure that water quality standards in a receiving body of water will not be violated.

History

• Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Formerly 17-650.200.

Fla. Admin. Code R. 62-650.300 Scope, Applicability, General Guidance, and Enforcement

(1) Scope.

(a) Section 403.021(2), F.S., as amended, the Florida Air and Water Pollution Control Act, established that no wastes are to be discharged to any waters of the state without first being given the degree of treatment necessary to protect the beneficial uses of such water. Toward this end, Sections 403.085 and 403.086, F.S., set forth requirements for the treatment and disposal of domestic and industrial wastewater. Section 403.051(3)(a), F.S., mandates that any Department planning, design, construction, modification or operating standards, criteria, and requirements for wastewater facilities be developed as a rule or regulation. This rule is promulgated to implement the provisions and requirements of Sections 403.051, 403.085, 403.086, 403.087 403.088, F.S., concerning the development of effluent limitations for wastewater facilities.

(b) Except as otherwise provided for by subsection 62-650.110(2), F.A.C., the Department shall not issue a permit for a discharge to waters of the state, unless the Department has established an effluent limit for those pollutants in the discharge that are present in quantities or concentrations which can be reasonably expected to cause or contribute, directly or indirectly, to a violation of any water quality standard established in Chapter 62-302, F.A.C. The effluent limit may be a technology based effluent limit (TBEL), a water quality based effluent limit (WQBEL) determined by the Level I process in accordance with Rule 62-650.400, F.A.C., or where applicable, a WQBEL determined by the Level II process in accordance with Rule 62-650.500, F.A.C.

(2) Applicability. In addition to any technology based surface water effluent limitations required under the provisions of the Chapter 62-600, F.A.C., rule series, all activities and discharges, other than dredge and fill activities, shall also meet water quality based effluent limitations where necessary to meet water quality standards.

(a) A water quality based effluent limit shall be determined by the Department in accordance with this rule and shall be based upon the characteristics of discharge, the receiving water characteristics, and the criteria and standards of Rules 62-4, 62-302, and the 62-600 series, F.A.C. Requests for zones of mixing and any previously approved zones of mixing will be taken into consideration when determining WQBELs. No zone of mixing shall be provided for any parameters for which the applicant fails or declines to provide the necessary characteristics of the discharge.

(b) For stationary installations created by dredging and/or filling or stationary installations for the discharge of drainage, an applicant shall provide the Department with reasonable assurance that the proposed discharge will comply with water quality standards. Reasonable assurance may be based upon:

1. Scientific studies which may include mathematical water quality modeling and biological studies, or

2. Proposed use of any pollution control technique which assures compliance with water quality standards.

(3) General Guidance.

(a) The specific pollutants expected to be in a discharge shall be determined from an effluent characterization provided by the applicant.

(b) An evaluation of the impact of a proposed or continued discharge on the water quality of the receiving water body shall be conducted by the Department for all permit applications. The appropriate district office will review applications to determine whether TBELs as contained in Department rules are sufficient to maintain water quality standards in the receiving water body. If TBELs are sufficient, the permit limits will be based on those criteria, and a brief report will be prepared explaining the Department’s rationale for its decision. A copy of this report shall be part of the permit file. If TBELs are not sufficient, or if additional information or analysis is determined to be necessary to ensure that the effluent will not violate water quality standards in the receiving water body, WQBELs must be determined.

(c) The applicant for a permit has the ultimate burden of providing all information necessary for the Department to establish a WQBEL. Any pertinent information already available to the Department shall be made available to the applicant. However, as provided in Rule 62-650.500, F.A.C., the Department will conduct the required data collection and analysis in specified circumstances and may provide some of the information and assist the applicant in the acquisition of other information in other cases.

(d) When WQBELs are determined to be necessary, the information or analyses necessary to establish those WQBELs are critical to the Department's permit decision, and no application shall be deemed complete without such information or analyses. When a Level II water quality study and analysis are required for the renewal of an existing operation permit, the existing permit shall remain in full force and effect if an otherwise sufficient application has been timely filed with the Department unless the discharge at existing permit limits is causing significant detrimental environmental or public health effects. The existing permit limits shall remain in effect until a new permit has been issued or the existing permit has been modified pursuant to Rule 62-4.080, F.A.C.

(e) The establishment of a WQBEL does not alleviate the discharger from complying with all other applicable requirements of the Department or with the requirements of any other state, federal or local governmental agency.

(f) Where applicable, WQBELs will be established consistent with the provisions of Sections 403.061(7) and (11), F.S.

(g) When considering the allocation of available assimilative capacity for new discharges, the Department shall not require the owners or operators of existing permitted discharges to increase their permitted level of treatment or reduce their pollutant loadings or concentrations solely to accommodate the new discharge. However, the Department shall not be precluded from requiring additional treatment or reductions in pollutant loadings or concentrations for existing permitted discharges where otherwise authorized by law or Department rule.

(h) Effluent limitations based upon water quality standards and the provisions of Rule 62-4.244, F.A.C., shall be determined by application of accepted scientific methods. It is recognized that models and other scientific methods of predicting the concentrations of pollutants result in estimated values of concentrations. Such estimates shall be acceptable for the purpose of determining effluent limitations provided that the most reliable and complete data reasonably available to the department have been applied. Accepted scientific methods shall be based upon, but not limited to:

1. An analysis of the condition of the receiving body of water including reasonably expected ambient water quality and present and future flow conditions and present and future characteristics of the discharge, under which the cumulative impact of discharge is reasonably expected to be a maximum; and,

2. Consideration of the nature, volume, and frequency of the proposed discharge of waste, including any possible known synergistic effects with other pollutants or substances which may be present in the receiving body of water.

3. Nothing in paragraph (a) or (b), above, shall preclude the Department from establishing WQBELs that vary on a seasonal or other basis.

(4) Enforcement.

(a) Except in instances where irreparable injury may occur, the Department shall not institute enforcement action for a violation of water quality standards for a component or characteristic of a discharge for which the Department has declined to provide an effluent limit or for which an effluent limitation has been specified in a permit and with which effluent limitation the permittee is in compliance. However, the Department shall not be precluded from:

1. Instituting an enforcement action for a violation of water quality standards based upon a component for which an effluent limitation has been specified in a permit, but with which effluent limitation the permittee is not in compliance, or

2. Instituting an enforcement action for a violation of water quality standards based upon a component or characteristic of a discharge for which an effluent limit or the determination that no such limit was needed was derived from erroneous, false, or misleading information submitted by or on behalf of the permit applicant, or

3. Instituting an enforcement action for a violation of water quality standards based upon a component or characteristic of a discharge for which no effluent limit has been specified in a permit because the applicant failed or declined to provide, in the application for such permit, information which adequately described such component or characteristic so as to establish the relationship necessary to establish a water quality based effluent limit, or

4. Instituting an enforcement action for a violation of the limitations imposed via Rule 62-600.740, F.A.C.

(b) In the case of drainage discharges permitted under subsection 62-650.110(3), F.A.C., and for which no effluent limitations have been specified in a permit, the Department shall not institute enforcement action during the term of the permit, except:

1. Where irreparable harm may occur, or

2. For violations of conditions of a permit.

History

• Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Formerly 17-650.300, Amended 12-26-96.

Fla. Admin. Code R. 62-650.400 WQBEL Level I Process

(1) In addition to complying with the requirements of Chapters 62-3 and 62-4, F.A.C., and other sections of this rule, the Department shall process permit applications and determine WQBELs in accordance with this section except when the Department has determined that a Level II WQBEL pursuant to Rule 62-650.500, F.A.C., is necessary. The WQBEL Level I Process shall be applied to the renewal of existing permits or issuance of new permits when data are sufficient to determine that the quality of the receiving body of water currently meets standards and is expected to continue to meet standards with the discharge.

(2) WQBELs shall be determined based on a review of water quality data applicable to the portion of the water body potentially impacted by the discharge. These data may include information contained in permit applications. In addition, existing data on ambient water quality obtained in the Department’s files will be utilized. The water quality evaluation for setting WQBELs pursuant to this section will be summarized in a brief report explaining the conclusions of the evaluation and the basis for these conclusions. A copy of this report will be a part of the permit files.

History

• Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Formerly 17-650.400.

Fla. Admin. Code R. 62-650.500 WQBEL Level II Process

(1) The WQBEL Level II Process is a means of determining the available assimilative capacity of a water body and setting WQBELs utilizing appropriate procedures for simulation and prediction of water quality impacts which may include computer modeling and other scientific methodology. Computer models utilized include those approved and supported by the Department or the U.S. Environmental Protection Agency and which have the capability to predict impacts from stormwater contributions. These models include appropriate margins of safety, as referred to in the definition of loading capacity, to account for unknowns in water quality sampling and modeling.

(2) The WQBEL Level II Process is utilized to determine new discharge permit limits and to evaluate permit renewals when existing water quality data is insufficient to evaluate expected water quality impacts or when the available assimilative capacity of the water body is being completely utilized, or might reasonably be expected to be completely utilized by the discharge, either by itself, or in combination with other discharges to the receiving water body.

(3) When a WQBEL Level II Process is determined to be necessary, the analysis shall consider and determine WQBELs for the permit applicant and all affected discharger(s) to the receiving body of water.

(4) WQBELs established via this process are established for parameters for which water quality standards have been adopted as determined in subsection 62-650.100(2), F.A.C. For permitting purposes, the WQBELs determined by the WQBEL Level II Process will be considered valid for a period of five years, and may be entered by the Department in a permit or by separate final order. Further, these WQBELs may be determined with seasonal or other variations, if appropriate.

(5) When a WQBEL is to be determined by the Level II Process, the applicant shall coordinate with the Department to determine the information required, accepted methods of data collection and analysis, and quality control/quality assurance requirements. The ensuing plan of study shall be approved in writing by the Department and shall be binding upon the Department and the applicant. During the course of the study, the plan of study may be amended by written agreement between the Department and the applicant. The applicant shall coordinate with the Department during the study and shall present the study results to the Department. Failure to comply with the plan of study may result in the Department’s rejection of some or all of the data. The analyses may include mathematical water quality computer modeling or other evaluation procedures approved by the Department that are necessary for the Department to develop WQBELs. Prior to conducting such analyses, the applicant shall coordinate with the Department to determine the analyses required, accepted methods of analyses including any computer models to be used, and quality control/quality assurance requirements, all of which shall be incorporated in the plan of study.

(a) The Department shall provide the information on ambient water quality and the analysis of information necessary for establishing WQBELs for renewal of operation permits for existing dischargers under the following condition:

1. When there are two or more existing dischargers on the receiving body of water whose zones of impact are expected to overlap, the Department will conduct the initial data collection and analysis necessary to determine WQBELs for all affected discharges. For subsequent renewals of their operation permits, each of these dischargers whose design discharge capacity is 1 MGD or greater will be responsible for data collection and analysis necessary for the Department to establish WQBELs. The Department will provide data collection and analysis for the renewal of operation permits for each of these dischargers whose design discharge is less than 1 MGD. The timing of such studies and analysis, when done by the Department, will be based on the availability of Department resources. Nothing in this paragraph shall preclude the Department from requiring water quality monitoring as a condition of an operation permit for any discharge.

2. Nothing shall prevent a permit applicant from conducting the required data collection or analysis in accordance with the procedures in this section.

(b) When the receiving water body does not meet water quality standards set forth in Chapter 62-3, F.A.C., the plan of study may include collection and analysis of data necessary to evaluate an application for a variance or other relief provision under department rules or statutes. The inclusion of such data does not imply that such relief will be granted by the Department.

(6) The Department or applicant, prior to initiating a water quality study or analysis as part of the Level II process, shall publish a Notice of Proposed Water Quality Study.

(a) The notice shall be published in a newspaper of general circulation in the area in which the study will take place and in the Florida Administrative Register. The notice shall be published one time only, no less than 14 days prior to the date the study is proposed to commence and shall state the location of the receiving water or segment thereof under study, the name(s) of the known affected discharger(s) into the receiving water, the location of the Department’s file, and when it is available for public inspection. An opportunity to review the proposed plan of study will be provided on request.

(b) A copy of the notice shall be provided by the Department by mail to each known affected discharger. Such notice shall be mailed at least 19 days prior to the date the study is proposed to commence. Failure to notify any affected discharger shall not be grounds for challenging the validity of the plans of study or analysis or the WQBELs established as a result of such study or analysis.

(c) In response to comments received pertaining to the plan of study prior to the proposed commencement date, the Department or applicant, by mutual agreement, may revise the plan of study if necessary. Upon approval by the Department of any revisions to the plan of study, the applicant shall conduct the study for purposes of establishing WQBELs for each affected discharger.

(d) Although the Department may allow for informal dispute resolution during the study period, the study is free-form agency decision making and does not constitute proposed agency action until notice of such is given pursuant to subsection 62-650.500(8), F.A.C.

(7) Upon completion of the Level II data collection and analysis process, a final technical report shall be prepared by the Department. The document shall list or describe all appropriate information and data used by the Department in determining the WQBEL including a description of the project site and limits of the receiving body of water, background information, permitting status of the discharger(s), the water quality parameters considered, the water quality data evaluated, the procedures used to determine the WQBEL, and other appropriate information as set forth in the plan of study. A copy of the report shall be a part of the permit file.

(8) After the Department has reviewed the WQBEL technical report and evaluated other factors as indicated above, the district office shall issue a notice of proposed agency action pursuant to Rule 62-103.150, F.A.C., and provide notice to the affected dischargers, and any other parties substantially affected by the WQBEL technical report. This notice shall set forth those WQBELs that have been established by the Level II process and may include any conditions or monitoring requirements to be imposed on the affected discharge(s). The notice shall include a statement indicating the date by which compliance with the requirements of the notice must be achieved. Compliance with WQBELs as set forth in the letter of notice may be required:

(a) For Existing Dischargers:

1. Within 90 days of final agency action when public health impacts or serious adverse environmental impacts are occurring with the present discharge (modification of the existing permit pursuant to Rule 62-4.080, F.A.C., may be initiated depending upon the severity of the impact), or

2. Within a period of time defined in a compliance schedule based on a consideration of the current or potential environmental and public health impacts of the discharge or other permitting factors, or

3. At the time of the next operating permit renewal.

(b) For Proposed Dischargers: At the time of the issuance of a construction permit for a new discharger.

(9) The Department shall issue a final order, which may be a permit, setting forth the effluent limits and permitting requirements and the required date of compliance with the specified requirements. The requirements thereof shall be final and binding for a period of five years except as provided for in subsection 62-650.500(10), F.A.C., below. All permits issued during that time shall be in conformity with the order establishing the WQBELs. Other permit provisions shall be established at the time a permit is issued.

(10) The Department may modify the WQBELs that are established by this process under the same circumstances and by the same procedures as are specified for permit modifications under Rules 62-4.080 and subsection 62-4.242(2), F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Formerly 17-650.500.

Chapter 62-660 INDUSTRIAL WASTEWATER FACILITIES

Fla. Admin. Code R. 62-660.200 Intent and Definitions

(1) Intent.

(a) It is the policy of the Department to encourage an applicant, prior to submittal of a permit application, to study and evaluate wastewater treatment alternative techniques and to discuss alternatives with the Department.

1. The Department encourages inclusion of relevant public health, economic, scientific, energy, engineering and environmental considerations in such evaluations. Each prospective wastewater facility shall be assessed on an individual basis.

2. The Department encourages environmentally acceptable alternatives which provide the most economic and energy efficient methods of complying with the requirements of this rule, and promote the beneficial re-use of treated effluents and residuals.

(b) The Commission, recognizing the complexity of water quality management and the necessity to temper regulatory actions with the realities of technological progress and social and economic well-being, nevertheless intends to prohibit any discharge of pollution that constitutes a hazard to human health.

(2) Definitions. Terms used in this chapter shall have the meaning specified below.

(a) “Conventional Pollutants” means five day biochemical oxygen demand (BOD5), total suspended solids (TSS), pH, oil and grease, and fecal coliforms.

(b) “Effluent,” unless specifically stated otherwise, means treated wastewater flowing out of the treatment plant.

(c) “Effluent limitation” means any restriction established by the Department on quantities, rates, or concentrations of chemical, physical, biological, or other constituents which are discharged from sources into the environment of the state.

(d) “Ground water” means water below the land surface in the zone of saturation where water is at or above atmospheric pressure.

(e) “Industrial wastewater” means wastewater not otherwise defined as domestic wastewater, including the runoff and leachate from areas that receive pollutants associated with industrial or commercial storage, handling or processing.

(f) “Local program” means any county, municipality, or combination thereof that has established and administers a pollution control program approved by the Department in compliance with Section 403.182, F.S., as amended.

(g) “Modification” means any alteration, expansion, upgrade, extension, addition, or replacement of an existing wastewater facility for which a construction permit is required from the Department.

(h) “Percolation” means the generally vertical movement of water through soil or other unconsolidated medium to the water table and to lower aquifers where occurring.

(i) “Permittee” means the person or entity to which a permit for a wastewater facility is issued by the Department. The term “permittee” shall be functionally synonymous with the terms “owner” and “licensee”, but shall not include licensed individuals (e.g., operators) unless they are the person(s) to whom a facility permit is issued by the Department. The term shall extend to a permit “applicant” for the purposes of this chapter. To the extent that this chapter imposes duties with respect to the construction, operation, maintenance or monitoring of a facility and for reporting to or securing permits from the Department, ultimate responsibility lies with the owner of the facility. Nevertheless, Chapter 403, F.S., creates joint and several liability for those responsible for violations.

(j) “Surface water” means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth’s surface.

(k) “Technology-based effluent limitation (TBEL)” means a minimum waste treatment requirement, established by the Department, based on treatment technology. The minimum treatment requirements may be set at levels more stringent than that which is necessary to meet water quality standards of the receiving water body as set out specifically in other sections of this rule.

(l) “Treatment” means the use of any device, system, process or method for preventing, abating, reducing, treating, separating, recycling, reclaiming, reusing, recovering, or eliminating pollutants in industrial waste.

(m) “Wastewater” means the combination of liquid and water-carried pollutants from residences, commercial buildings, industrial plants, and institutions together with any ground water, surface runoff or leachate that may be present.

(n) “Wastewater facilities” means any or all of the following: the collection/transmission system, the treatment plant, and the disposal system.

(o) “Waters” shall be as defined in Section 403.031(3), F.S.

(p) “Water quality-based effluent limitation (WQBEL)” means an effluent limitation, which may be more stringent than a technology-based effluent limitation, that has been determined necessary by the Department to ensure that water quality standards in a receiving body of water will not be violated.

(q) “Water quality standards” means standards comprised of designated most beneficial uses (classification of waters), the numerical and narrative criteria applied to the specific water use or classification, the Florida anti-degradation policy, and the moderating provisions contained in Chapters 62-3 and 62-4 of the F.A.C.

History

• Rulemaking Authority 403.051, 403.061, 403.087 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 4-2-90, 4-22-93, Formerly 17-660.200, Amended 12-11-96.

Fla. Admin. Code R. 62-660.300 Exemptions

(1) Exemptions to Provide for the Experimental Use of Wetlands for Low-Energy Water and Wastewater Recycling.

(a) To encourage experiments which are designed to lead to the development of new information regarding low-energy approaches to the advanced treatment of domestic, agricultural, and industrial wastes and to encourage the conservation of wetlands and fresh waters, the Secretary shall, upon petition of an affected person, and after public notice in the Florida Administrative Register and in a newspaper of general circulation in the area of the waters affected, and after opportunity for public hearing pursuant to Chapter 120, F.S., issue an Order, for a period not to exceed five (5) years, specifically exempting certain sources of pollution which discharge into restricted areas of wetlands, as approved by the Secretary, from the water quality criteria contained in Rule 62-302.560, F.A.C., provided that:

1. The discharger affirmatively demonstrates that the wetlands ecosystem may reasonably be expected to assimilate the waste discharge without significant adverse impact on the biological community within the receiving waters,

2. Granting the exemption is in the public interest and will not adversely affect public health or the cost of public health or other related programs,

3. The public is restricted from access to the waters under consideration,

4. The waters are not used for recreation,

5. The applicant affirmatively demonstrates that presently specified criteria are unnecessary for the protection of potable water supplies or human health,

6. The exemption will not interfere with the designated use of contiguous waters; and,

7. Scientifically valid experimental controls are provided by the applicant and approved by the Department to monitor the long-term ecological effects and waste recycling efficiency.

(b) The Petitioner shall affirmatively demonstrate those standards which the Petitioner believes more appropriately apply to the waters for which the exemption is sought.

(c) The Secretary shall specify, by Order, only those criteria which the Secretary determines to have been demonstrated by the preponderance of competent substantial evidence to be more appropriate.

(d) The Department shall modify the Petitioner’s permit consistent with the Secretary’s Order.

(2) Exemption Providing Alternative Criteria for Existing Permitted Discharges Comprising the Principal Flow.

(a) The Secretary shall, upon the petition of one or more existing wastewater discharge sources for which a Department permit has been issued prior to the effective date of this rule, after public notice in the Florida Administrative Register and in a newspaper of general circulation in the area of the waters affected, and after opportunity for public hearing pursuant to Chapter 120, F.S., issue an Order for the duration of the petitioner’s permit exempting waters of the state which are not used for potable water supplies, or recreation, and contain no significant population of fish and wildlife, from one or more Class III or Class IV criteria specified in the petition and substituting appropriate alternative criteria where the discharge of the Petitioner(s) comprised a majority of the flow, excluding runoff from storm drains and other wastewater discharges, during a substantial portion of the year preceding the effective date of this rule. Provided, however, that such Order shall be issued only after an affirmative demonstration by the Petitioner(s) of the following:

1. The waters for which exemption in sought are:

a. Wholly artificial and not a modified or channelized natural stream, or

b. Intermittent watercourses which, in the absence of runoff from storm drains and wastewater discharges, acts as tributaries only following the occurrence of rainfall and which normally do not contain contiguous areas of standing water, or

c. Are channelized or modified natural watercourses which were historically intermittent as described in sub-subparagraph b., above,

2. The waters are not used for potable water supplies, or recreation, and do not contain a significant population of fish or wildlife,

3. Reasonable assurance has been provided that the alternative criteria will adequately protect the designated uses of adjacent downstream waters,

4. The alternative criteria are not less stringent than the minimum standards prescribed for all waters at all times in Chapter 62-3, F.A.C.,

5. The alternative criteria are in the public interest and there is no reasonable relationship between the economic, social, and environmental costs of compliance with existing criteria and the economic, social and environmental benefits of compliance,

6. Compliance with the alternative criteria will adequately protect present and future potable water supplies and human health,

7. Compliance with the alternative criteria will adequately protect the population of animals, plants, or aquatic life then utilizing the waters,

8. The waters are not lakes or ponds; and,

9. Achievement of Class III standards would provide no reasonable expectation of future recreational use of the waters.

(b) The Secretary shall specify by Order the alternative criteria, if any, which the Secretary determines to have been demonstrated by the preponderance of the competent substantial evidence to be more appropriate than the Class III or Class IV criteria specified in the petition.

(c) The Department shall modify the Petitioner’s permit consistent with the Secretary’s Order.

(3) Exemption for Existing Effluent Ditches.

(a) The Secretary or a Deputy Assistant Secretary shall, upon the petition of a wastewater discharger for whom a Department permit has been issued prior to the effective date of this rule, and after public notice and opportunity for public hearing, issue an Order for the duration of the petitioner’s permit exempting waters of the state in an effluent ditch from all water quality criteria except those specified in Rule 62-3.051, F.A.C. In order to qualify for this exemption, the petitioner shall affirmatively demonstrate that:

1. The ditch is a wholly artificial man-made conveyance that was constructed as a part of the wastewater treatment process,

2. The ditch contains flowing water only when there is a discharge or immediately after rainfall,

3. The petitioner has legal control of the ditch and abutting land sufficient to restrict public access,

4. Migration of indigenous aquatic organisms into the ditch will be prevented; and,

5. The ditch is not used for recreation and contains no significant population of fish or wildlife. “Significant population of fish or wildlife” shall mean the presence of commercially or recreationally important species or significant quantities of organisms which provide food for such species.

(b) The Department shall modify the Petitioner’s permit, consistent with the Secretary’s or Deputy Assistant Secretary’s Order.

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.088 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088 FS. History–New 11-27-89, Amended 4-22-93, Formerly 17-660.300.

Fla. Admin. Code R. 62-660.400 Effluent Limitations

The following effluent limitations apply to plants and installations which discharge industrial wastes into waters of the state.

(1) Effluent Limitations Based on the Availability of Technology.

(a) Section 301 of Public Law 92-500, the Federal Water Pollution Control Act Amendments of 1972 (FWPCA), as amended, requires all existing point source discharges of pollutants to meet uniform technology-based effluent limitations as a minimum. Two levels of effluent limitations are established.

1. The first level is defined as “best practical control technology currently available” (BPT). FWPCA Section 301(b)(1)(A), 33 U.S.C.A. Section 1311(b)(1)(A). By no later than July 1, 1977, dischargers were required to apply BPT as defined by specific effluent limitations issued by the Administrator of the United States Environmental Protection Agency (EPA) pursuant to Section 304(b)(1).

2. The second level is defined as either “best available technology economically achievable” (BAT) or “best conventional pollutant control technology” (BCT). FWPCA Section 301(b)(2)(A) and 301(b)(2)(E) respectively. By March 31, 1989, dischargers of toxic pollutants as defined in Section 307 of FWPCA were required to apply BAT, as defined by effluent limitations issued by the Administrator pursuant to FWPCA Section 304(b)(2). Also by March 31, 1989, dischargers of conventional pollutants as defined in FWPCA Section 303(a)(4) were required to apply BCT as defined by effluent limitations issued by the Administrator pursuant to FWPCA Section 304(b)(4).

3. BCT is not an additional effluent limitation for industrial dischargers, but rather it replaces BAT for the control of conventional pollutants. BAT will remain in force for all non-conventional and toxic pollutants. Effluent limitations representing BCT may not be more stringent than BAT. In no case will BCT limitations be less stringent than BPT.

4. FWPCA Section 306 requires the Administrator to establish effluent limitations containing performance standards for new sources. For this purpose, “new sources” are defined as any source the construction of which commenced after the publication of proposed regulations prescribing standards for these sources. FWPCA Section 306(a)(2), 33 U.S.C.A. Section 1316(a)(2). After the effective date of new sources performance standards, it is a violation of the Federal Water Pollution Control Act to operate any new source in violation of such standards. FWPCA Section 306(e).

5. FWPCA Section 307(a) requires and authorizes the Administrator to establish and promulgate effluent limitations for toxic pollutants, which may include a prohibition of the discharge of such pollutants or combination of such pollutants. After the effective date of such effluent standards, it is a violation of the FWPCA to operate any source in violation of such standard or prohibition.

6. FWPCA Section 307(b) requires and authorizes the Administrator to establish and promulgate pretreatment standards for introduction of pollutants into publicly owned sewage treatment facilities which are not susceptible to treatment by such facilities or which would interfere with the operation of such treatment works.

(b) The objective of the FWPCA is to restore and maintain the chemical, physical and biological integrity of the nation’s waters, and the Act established, as a national goal, that the discharge of pollutants into the navigable waters be eliminated by 1985, Section 101(a), FWPCA.

(c) The FWPCA preserves to each state the power to adopt or enforce any effluent standard or limitation respecting discharge of pollution or control or abatement of pollution which is stricter or more stringent than the comparable federal effluent limitation or standard, Section 510, FWPCA.

(d) Pursuant to the above sections of the FWPCA, the EPA has promulgated and prescribed effluent guidelines and standards (limitations) for new and existing point sources which discharge pollutants. Dischargers are required to comply with these regulations and NPDES permits issued pursuant to Section 402 of the Act must be conditioned upon requirements of Sections 301 and 306 (as well as certain other requirements).

(e) The Department has reviewed and evaluated the EPA effluent guidelines and standards which have been published as final regulations in the United States Code of Federal Regulations, and are in full force and effect on the date of adoption of this section. With respect to each particular class or category of sources as hereinafter listed, the following EPA Effluent Guidelines and Standards, as they are contained in the United States Code of Federal Regulations and are in effect on the date indicated, are incorporated herein, and adopted by the Department, except where expressly supplemented or modified by the Environmental Regulation Commission, and are incorporated by reference as though fully set forth herein:

EFFLUENT LIMITATIONS; GUIDELINES AND STANDARDS

U.S. CODE OF FEDERAL REGULATIONS

1. Environmental Protection Agency General Provisions for Effluent Guidelines and Standards

40 C.F.R. 401 (Effective 9-24-93)

2. Dairy Products

40 C.F.R. 405 (Effective 6-29-95)

3. Canned and Preserved Fruits and Vegetables

40 C.F.R. 407 (Effective 6-29-95)

Citrus Products Subcategory

40 C.F.R. 407 Subpart C (Effective 6-29-95)

4. Canned and Preserved Seafood

40 C.F.R. 408 (Effective 6-29-95)

5. Sugar Processing

40 C.F.R. 409 (Effective 6-25-95)

6. Textiles

40 C.F.R. 410 (Effective 9-1-83)

7. Cement Manufacturing

40 C.F.R. 411 (Effective 6-29-95)

8. Feedlots (See Rule 62-670, F.A.C.)

40 C.F.R. 412 (Effective 4-14-03)

9. Electroplating

40 C.F.R. 413 (Effective 11-7-86)

10. Organic Chemicals, Plastics and Synthetic Fibers

40 C.F.R. 414 (Effective 8-23-93)

11. Inorganic Chemicals

40 C.F.R. 415 (Effective 9-25-84)

12. Soaps and Detergents

40 C.F.R. 417 (Effective 6-29-95)

13. Fertilizer Manufacturing

40 C.F.R. 418 (Effective 3-14-96)

14. Petroleum Refining

40 C.F.R. 419 (Effective 8-12-85)

15. Iron and Steel Manufacturing

40 C.F.R. 420 (Effective 11-18-02)

16. NonFerrous Metals

40 C.F.R. 421 (Effective 5-14-96)

17. Phosphate Manufacturing

40 C.F.R. 422 (Effective 8-22-86)

18. Steam Electric Power Generating

(See paragraph 62-660.400(1)(q), F.A.C.)

40 C.F.R. 423 (Revised 7-1-16,

http://www.flrules.org/Gateway/reference.asp?No=Ref-07928)

19. Ferroalloy Manufacturing

40 C.F.R. 424 (Effective 6-29-95)

20. Leather Tanning and Finishing

40 C.F.R. 425 (Effective 10-7-96)

21. Glass Manufacturing

40 C.F.R. 426 (Effective 6-29-95)

22. Asbestos Manufacturing

40 C.F.R. 427 (Effective 6-29-95)

23. Rubber Processing

40 C.F.R. 428 (Effective 6-29-95)

24. Timber Products

40 C.F.R. 429 (Effective 2-17-82)

25. Pulp, Paper and Paperboard

40 C.F.R. 430 (Effective 10-21-02)

26. Meat Products

40 C.F.R. 432 (Effective 6-29-95)

27. Metal Finishing

40 C.F.R. 433 (Effective 11-7-86)

28. Coal Mining

40 C.F.R. 434 (Effective 2-22-02)

29. Offshore Oil and Gas Extraction

40 C.F.R. 435 (Effective 6-20-01)

30. Mineral Mining and Processing (See Rule 62-671, F.A.C.)

40 C.F.R. 436 (Effective 6-29-95)

31. Centralized Waste Treatment

40 C.F.R. 437 (Effective 1-22-01)

32. Metal Products and Machinery Point Source Category

40 C.F.R. 438 (Effective 6-12-03)

33. Pharmaceutical Manufacturing

40 C.F.R. 439 (Effective 6-11-03)

34. Ore Mining and Dressing

40 C.F.R. 440 (Effective 1-3-89)

35. Transportation Equipment Cleaning

40 C.F.R. 442 (Effective 9-13-00)

36. Paving and Roofing Materials

40 C.F.R. 443 (Effective 6-29-95)

37. Hazardous Waste Combustors

40 C.F.R. 444 (Effective 11-22-00)

38. Landfills Point Source Category

40 C.F.R. 445 (Effective 2-18-00)

39. Paint Formulating

40 C.F.R. 446 (Effective 6-29-95)

40. Ink Formulating

40 C.F.R. 447 (Effective 6-29-95)

41. Gum and Wood Chemicals Manufacturing

40 C.F.R. 454 (Effective 6-29-95)

42. Pesticide Chemicals Manufacturing

40 C.F.R. 455 (Effective 10-20-98)

43. Explosives Manufacturing

40 C.F.R. 457 (Effective 6-29-95)

44. Carbon Black Manufacturing

40 C.F.R. 458 (Effective 6-29-95)

45. Photographic Processing

40 C.F.R. 459 (Effective 7-14-76)

46. Hospitals

40 C.F.R. 460 (Effective 6-29-95)

47. Battery Manufacturing Point Source Category

40 C.F.R. 461 (Effective 10-14-86)

48. Plastics Molding and Forming

40 C.F.R. 463 (Effective 4-30-85)

49. Metal Molding and Casting

40 C.F.R. 464 (Effective 6-16-86)

50. Coil Coating

40 C.F.R. 465 (Effective 1-31-85)

51. Porcelain Enameling

40 C.F.R. 466 (Effective 9-6-85)

52. Aluminum Forming

40 C.F.R. 467 (Effective 2-9-89)

53. Copper Forming

40 C.F.R. 468 (Effective 6-20-86)

54. Electrical and Electronic Components

40 C.F.R. 469 (Effective 1-31-85)

55. NonFerrous Metals Forming and Metal Powders

40 C.F.R. 471 (Effective 4-4-89)

(f) Copies of the above effluent limitations as published in the United States Code of Federal Regulations may be obtained by writing the United States Environmental Protection Agency, Washington, D.C.

(g) All Department permits issued pursuant to Sections 403.087 and 403.088, F.S., shall, as a minimum, require compliance with the above referenced effluent limitations. In establishing the effluent limitations contained in paragraph 62-660.400(1)(e), F.A.C., which define best practical control technology currently available (BPT), best conventional pollutant control technology (BCT), and best available technology economically achievable (BAT), the United States EPA relied on the industry-wide information with respect to specific factors.

(h) In determining BPT, the following factors were considered:

1. Total costs of application of technology in relation to the effluent reduction benefits to be achieved from such application.

2. The age of equipment and facilities involved.

3. The process involved.

4. The engineering aspects of the application of various types of control techniques.

5. Process changes.

6. Non-water quality environmental impact (including energy requirements).

7. Such other factors as the Administrator deemed appropriate.

(i) The following factors were considered in determining BAT:

1. Age of equipment and facilities involved.

2. Process employed.

3. The engineering aspects of the application of various types of control techniques.

4. Process changes.

5. The cost of achieving such effluent reduction.

6. Non-water quality environmental impact (including energy requirements).

7. Such other factors as the Administrator of the EPA deemed appropriate.

(j) The following factors were considered in determining BCT:

1. Consideration of the reasonableness of the relationship between the costs of attaining a reduction in effluents and the effluent reduction benefits derived.

2. A comparison of the cost and level of reduction of such pollutants from the discharge from publicly owned treatment works to the cost and level of reduction of such pollutants from a class or category of industrial sources.

3. Age of equipment and facilities involved.

4. Process employed.

5. The engineering aspects of the application of various types of control techniques.

6. Process changes.

7. The cost of achieving such effluent reduction.

8. Non-water quality environmental impact (including energy requirements).

9. Such other factors as the Administrator of the EPA deemed appropriate.

(k) It is possible that the above factors pertaining to a particular source or category of sources located within the state are fundamentally different from the industrywide factors considered by the EPA in establishing the limitations. If, based on a preponderance of competent substantial evidence, the Department determines that such fundamentally different factors exist in relation to a particular source, it may establish for such source, by order or permit condition, and after notice and public hearing, an effluent limitation which is more or less stringent than the EPA effluent limitation, to the extent dictated by such fundamentally different factors. In no case shall a Department permit contain an effluent limitation less stringent than one contained in an NPDES permit issued to a source by the EPA.

(l) All industrial sources which are included in those classes or categories of industry listed in paragraph 62-660.400(1)(e), F.A.C., shall comply with the applicable guidelines, standards and limitations in accordance with the time schedules contained therein. However, no source shall be relieved from complying with any pollution abatement plan or schedule, including a plant or process modification which is contained in any currently valid Department permit, or order or judicial judgment. However, this does not preclude modification of a Department permit, order, or judicial judgment in accordance with applicable rules and regulations.

(m) The effluent guidelines, standards, and limitations contained in paragraph 62-660.400(1)(e), F.A.C., represent minimum levels of treatment based upon available technology, and are not based on the quality of the waters which receive the industrial waste discharges. In accordance with Section 301(b)(1)(C) of the FWPCA, Section 403.088, F.S., and Chapter 62-650, F.A.C., more stringent effluent limitations may be required and applied by Department permits issued pursuant to Sections 403.087 and 403.088, F.S., in order to meet any applicable water quality standards.

(n) Minimum Treatment Requirements.

1. All sources of industrial waste reasonably expected to be sources of water pollution which are not contained in the classes or categories of sources contained in paragraph 62-660.400(1)(e), F.A.C., shall, as a minimum level of treatment, provide secondary waste treatment as required by Section 403.085, F.S. Such secondary treatment shall be applied against the total untreated waste produced by a given plant. For the purposes of this rule, “secondary treatment” shall be equivalent to “secondary treatment,” as defined in subsection 62-600.420(1), F.A.C., and applicable to domestic waste (sewage) plants. A comparable degree of treatment for industrial waste not amenable to biological treatment will be determined and applied through the issuance of Department permits.

2. The minimum treatment requirement is unrelated to the quality of the water in the receiving water body. Under Chapter 62-650, F.A.C., more stringent limitations may be required and applied in order to meet and comply with any applicable water quality standards.

(o) Notwithstanding technology based effluent limitations contained in this section, industrial wastes discharged into ground waters shall receive treatment needed to comply with water quality standards contained in Chapter 62-520, F.A.C.

(p) All sources of industrial waste reasonably expected to be sources of pollution to Class G-II or G-IV waters, which are not contained in the classes or categories of sources contained in paragraph 62-660.400(1)(e), F.A.C., above, shall provide a minimum level of treatment such that the waste to be discharged does not affect the mechanical integrity of the well, does not jeopardize the integrity of the confining zone, and does not alter the hydrologic characteristics of the injection zone to the point of endangering underground sources of drinking water. The Department shall determine the level of pre-treatment required to maintain the water quality standards contained in Chapter 62-520, F.A.C., and to ensure that the operation is in compliance with the underground injection control requirements contained in Chapter 62-28, F.A.C. The pre-treatment level shall be set forth in the permit in accordance with Chapter 62-4, F.A.C.

(q) Discharges from steam electric generating plants existing or licensed by July 1, 1984, shall not be required to be treated to a greater extent than may be necessary to assure:

1. That the quality of nonthermal components of discharges from nonrecirculated cooling water systems is as high as the quality of the make-up waters, or

2. That the quality of nonthermal components of discharges from recirculated cooling water systems is no lower than is allowed for blowdown from such systems, or

3. That the quality of noncooling system discharges which receive make-up water from a receiving body of water that does not meet applicable Department water quality standards is as high as the quality of the receiving body of water.

(2) Effluent Limitations Based on Water Quality Considerations.

(a) Pursuant to Section 403.061(11), F.S., and as required by the Federal Water Quality Act of 1965, Public Law 89-234, 79 Stat. 903, and Section 303 of the FWPCA, the Department has adopted water quality standards contained in Chapter 62-3, F.A.C., which have subsequently been approved by the EPA. The standards contain water quality criteria which are applicable to each classification of receiving waters. Section 403.088(2)(b), F.S., requires the Department to deny an application for a permit if it finds that the proposed discharge will reduce the quality of the receiving waters below the classification established for them.

(b) Section 301(b)(1)(C) and Section 302 of the FWPCA provide that all discharges of industrial wastes may be required to meet, in addition to technology based effluent limitations, more stringent limitations required to implement applicable state water quality standards established pursuant to the Act. This requirement is enforced and implemented through Section 309 and the National Pollutant Discharge Elimination System established by Section 402 of the Act.

(c) Pursuant to Sections 403.087 and 403.088, F.S., no wastes shall be discharged into waters of the state which will violate applicable state water quality standards or reduce the quality of the receiving waters below the criteria established for its respective classification contained in Chapter 62-3, F.A.C.

(d) The effluent limitations based on water quality standards shall be determined in accordance with Chapter 62-650, F.A.C., by application of accepted scientific methods based upon a consideration of the following:

1. The condition of the receiving body of water including present and future flow conditions and present and future sources of pollutants.

2. The nature, volume and frequency of the proposed discharge of waste including any possible synergistic effects with other pollutants which may be present in the receiving body of water.

History

• Rulemaking Authority 403.051, 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805, 403.8055 FS. Law Implemented 403.021, 403.051, 403.061, 403.086, 403.087, 403.088, 403.091, 403.101, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 11-27-89, Amended 4-2-90, 4-22-93, Formerly 17-660.400, Amended 10-1-98, 12-2-03, 3-22-17.

Fla. Admin. Code R. 62-660.801 General Permit for a Wastewater Disposal System for a Laundromat

(1) General Requirements.

(a) This rule authorizes a general permit for any person constructing or operating a wastewater disposal system for a laundromat designed and operated in accordance with this rule, provided that all the conditions of this rule are met.

(b) This general permit shall be subject to the general conditions of Rule 62-4.540, F.A.C.

(c) The permittee shall complete and submit DEP Form 62-660.900(4), Laundromat General Permit Notification Form, effective 1-2-91, which is adopted and incorporated herein by reference, and required information 30 days before use of this general permit. This form may be obtained by contacting the appropriate district office or by writing the Department of Environmental Protection, Bureau of Water Facilities Planning and Regulation, 2600 Blair Stone Road, MS 3535, Tallahassee, Florida 32399-2400.

(d) Within 30 days after construction is complete, the engineer of record or another registered professional engineer shall certify to the Department, using DEP Form 62-660.900(2), Industrial Wastewater Facilities Certificate of Completion of Construction, that the permitted construction is complete and usable and that it was done in accordance with the plans submitted to the Department except when minor deviations were necessary. These deviations and the reasons for them shall be described in detail.

(e) There shall be no discharge of dry cleaning materials.

(f) This general permit does not relieve the permittee of the responsibility for obtaining any other permits required by the Department or any other federal, state, or local agency.

(g) The design volume of flow shall be less than 10,000 gallons per day. The design flow shall be determined by multiplying the maximum hourly rate by 12. The maximum hourly rate shall be based on the number of washing machines, the water used per cycle, and the maximum expected number of cycles per machine per hour.

(2) Treatment System Design Requirements. All design calculations and drawings shall be submitted with the notification form, DEP Form 62-660.900(4), Laundromat General Permit Notification Form. Either a trickling filter or a sand filter system shall be constructed using all of the components and the design criteria listed below. The chlorination and disposal system components and design criteria listed in subsections (3) and (4), of this rule, are required of all systems.

(a) Trickling filter systems shall include, at a minimum, the following components:

1. A screen chamber that contains at least four non-corrosive screens: two 1/4-inch screens followed by two 1/8-inch screens.

2. A primary settling tank that provides a minimum of four hours’ detention based on the maximum hourly rate.

3. A sump pump with an effective capacity equal to, or greater than, the maximum hourly rate.

4. A recirculation pump that provides a minimum recirculation ratio of 2:1, and that is piped to provide continuous dosing of the filter 24 hours per day.

5. The following design criteria, if the trickling filter uses rock media:

a. Crushed rock, slag, or an inert manufactured material that will pass through a 3 1/2-inch square screen and that will be retained on a 2-inch screen.

b. A filter depth of at least 6 feet.

c. A hydraulic loading not to exceed 460 gallons per square foot per day.

d. An organic loading not to exceed 1.24 pounds of BOD per cubic yard per day.

6. The following design criteria, if the trickling filter uses plastic filter media:

a. A filter depth based on expected performance.

b. A hydraulic loading not to exceed 1840 gallons per square foot per day.

c. An organic loading not to exceed 5 pounds of BOD per cubic yard per day.

7. A distribution system, such as a reaction type distributor, to provide uniform application of waste influent over the filter.

8. Underdrains sloped to prevent ponding and designed to provide adequate ventilation to allow a free flow of air through the filter.

9. A secondary settling tank that provides a minimum detention of one hour at the maximum hourly rate.

(b) Open sand filter systems shall include, at a minimum, the following components:

1. A screen chamber that contains at least four non-corrosive screens: two 1/4-inch screens followed by two 1/8-inch screens.

2. A primary settling tank that provides a minimum detention of four hours based on the maximum hourly rate.

3. At least two filter beds, allowing alternate loading and resting of the beds, with a maximum filter loading of 4.5 gallons per day per square foot.

4. A gravel base, placed in three layers, each at least six inches thick, over the underdrains. Suggested gradings for the three layers are: 1 1/2-inch to 3/4-inch; 3/4-inch to 1/4-inch; and 1/4-inch to 1/8-inch. Underdrains shall be sloped to the outlet, and spaced 10 feet on center. Alternate thicknesses and gradings for the gravel base may be used, provided the gravel base adequately supports the filter material, prevents the sand from entering the underdrains, and provides uniform flow over the gravel base and underdrains.

5. At least 30 inches of clean sand placed over the gravel base. The effective size of the sand shall be between 0.31 and 0.45 millimeters and the uniformity coefficient shall not be greater than 3.5.

(3) Chlorination Requirements.

(a) A chlorination tank shall be provided, designed for a minimum thirty minute contact time.

(b) A chlorine residual of at least 0.5 mg/l shall be maintained at all times.

(4) Disposal System Requirements.

(a) The disposal of wastewater shall be to either an absorption field designed in accordance with Rule 62-610.550, F.A.C., or to a percolation pond designed in accordance with Rule 62-610.500, F.A.C. The design of the absorption field or percolation pond shall be based on the results of soil testing and mounding analysis as required in paragraphs (b) and (c), below.

(b) At a minimum, the following soil tests shall be conducted at the disposal site to simulate actual loading conditions during the design life of the absorption field or percolation pond and to determine the horizontal and vertical permeabilities of the underlying strata. These tests shall be conducted at a frequency of one test per 1000 square feet of disposal area.

1. Double-ring infiltrometer tests.

2. Soil borings to a depth of at least ten feet below the disposal site. Lithologic logs of each boring shall be provided, along with permeability test results from each distinct soil stratum encountered.

(c) Based on test results in paragraph (b), above, the applicant shall perform a mounding analysis as described in subparagraph 62-610.310(3)(c)8., F.A.C.

History

• Rulemaking Authority 403.051, 403.814 FS. Law Implemented 120.55, 403.051, 403.061, 403.087, 403.088, 403.814 FS. History–New 11-27-89, Amended 1-2-91, 4-22-93, Formerly 17-660.801, Amended 12-24-96.

Fla. Admin. Code R. 62-660.802 General Permit for a Pesticide Waste Degradation System

History

• Rulemaking Authority 403.051, 403.814 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.814 FS. History–New 11-27-89, Amended 4-2-90, 4-22-93, Formerly 17-660.802, Repealed 4-4-17.

Fla. Admin. Code R. 62-660.803 General Permit for Car Wash Systems

(1) Applicability.

(a) This rule authorizes a general permit for any person constructing or operating a car wash treatment, disposal, and recycle system, designed and operated in accordance with this rule, provided that all of the conditions of this rule are met.

(b) Any residential car wash, as defined below, discharging 4000 gallons or less of wastewater per week is exempt from the requirement to obtain this general permit or a Department industrial wastewater permit if all of the following requirements are met:

1. Wastewater is not discharged directly to surface waters or to ground waters through wells or sinkholes that allow direct contact with Class G-I or Class G-II ground waters as defined in Chapter 62-520, F.A.C.,

2. Best management practices (BMPs) are implemented to minimize run-off from, or run-on to, the site,

3. The facility maintains a 100 foot setback from public drinking water wells and a 75 foot setback from private drinking water wells,

4. The car wash discharges into:

a. A percolation system that incorporates a grassed swale or infiltration area capable of treating both the wastewater and the first half-inch of runoff from the impervious surface set aside for the car wash. Grit, oil or grease shall be prevented from leaving the retention area, and any trapped solids and oils shall be disposed of in accordance with subsection 62-660.803(4), F.A.C., or

b. An existing, permitted, stormwater treatment system, if the discharge will not violate any condition of the stormwater permit,

5. The wash equipment incorporates a method to determine wash water flows such as a meter or a non-reset type counter or similar device which measures the number of cycles and a control timer or similar device which limits the time of each cycle,

6. A sign is posted which contains, at a minimum, the following language: “NO ENGINE OR OUTBOARD MOTOR CLEANING OR REPAIRING, NO OIL CHANGING OR DUMPING, NO COOLANT FLUSHING”,

7. The owner of the facility notifies the Department in writing within 30 days of completion of construction that a car wash facility has been constructed pursuant to this exemption.

(c) Car washes that do not qualify for either a general permit or an exemption in accordance with this rule shall apply for an industrial wastewater permit or connect to a domestic wastewater treatment facility capable of treating the car wash wastewater.

(2) General Requirements.

(a) This general permit shall be subject to the general conditions of Rule 62-4.540, F.A.C.

(b) The permittee shall complete and submit DEP Form 62-660.900(5), Car Wash Recycle System General Permit Notification Form, effective 1-2-91, which is adopted and incorporated herein by reference, and required information 30 days before use of this general permit. This form may be obtained by contacting the appropriate district office or by writing the Department of Environmental Protection, Bureau of Water Facilities Planning and Regulation, 2600 Blair Stone Road, MS 3535, Tallahassee, Florida 32399-2400.

(c) Within 30 days after construction is complete, the engineer of record or another registered professional engineer shall certify to the Department, using DEP Form 62-620.910(12), Notification of Completion of Construction, that the permitted construction is complete and usable and that it was done in accordance with the plans submitted to the Department except when minor deviations were necessary. These deviations and the reasons for them shall be described in detail.

(d) This general permit does not relieve the permittee of the responsibility for obtaining any other permits required by the Department or any other federal, state, or local agency.

(3) Definitions. Terms used in this rule shall have the meaning specified below.

(a) “Residential car wash” shall mean any facility located in a single-family or multi-family housing development, which is designed specifically for the purpose of vehicle washing.

(b) “Rinse water” for car wash recycle systems means the treated or fresh water sprayed on the car after washing.

(c) “Rollover car wash” means a car wash where the vehicle remains stationary while the washing, rinsing, waxing, and drying equipment passes over the car.

(d) “Spent process water” for car wash recycle systems means the water contained in the system (tanks, pumps, and piping) that is no longer suitable for use, because of the long-term build-up of salts or other contaminants.

(e) “Tunnel car wash” means a car wash where the vehicle is pulled through a building by conveyor or other means, passing through separate washing, rinsing, waxing, and drying areas.

(f) “Wand car wash” means a self-service car wash where the vehicle remains stationary and the car is washed using a high pressure stream of water from a hand-held wand.

(g) “Wash water” for car wash recycle systems means the water containing detergent used to remove dirt from the car.

(4) Prohibitions.

(a) This general permit shall not be valid for truck wash facilities.

(b) No engine degreasing solvents shall be used at the facility.

(c) No oil or engine coolant or other solid wastes shall be disposed of at the facility.

(d) There shall be no discharge of wastewaters from the treatment, disposal, or recycle system to surface waters.

(5) Specific Requirements.

(a) Spent process water shall be disposed of at a Department – permitted wastewater treatment facility or a pre-treatment facility connected to a Department – permitted wastewater treatment facility.

(b) Solids from sedimentation tanks and used filter material shall be disposed of at a Class I or II landfill authorized by the Department to accept solid wastes under Chapter 62-701, F.A.C.

(c) Any waste oil collected from oil/water separators shall be disposed of by a licensed used oil recycler in accordance with Chapter 62-710, F.A.C.

(d) Wand or rollover car wash systems using this general permit shall install and use a total recycle system that recycles both wash water and rinse water with no discharge of wastewater to waters of the state.

(e) All facilities that provide wax, add drying agents or other additives, or have water softening equipment shall install a total recycle system that recycles both wash water and rinse water, with no discharge of wastewater to waters of the state.

(6) Design Requirements. The car wash recycle system shall be designed and operated to prevent discharge to ground water and surface water except as described in paragraph (g), below.

(a) An oil/water separator shall be installed.

(b) A chlorination system shall be installed if the facility is creating an objectionable odor as defined in Rule 62-296.200, F.A.C.

(c) Recycling equipment, such as sedimentation tanks, filtration units, and pumps, shall have adequate capacity to handle maximum hourly flows based on expected usage and the size of the facility.

(d) Recycling equipment shall be maintained in accordance with the manufacturers’ recommendations to ensure proper operation.

(e) Overhangs or other devices shall be installed on buildings to prevent stormwater from entering the recycle system.

(f) Curbs around wash bays or tunnel entrances shall be installed or bays or tunnels shall be elevated to prevent stormwater from entering the recycle system.

(g) Partial Recycle Systems. A tunnel car wash or other car wash that separates wash and rinse water and recycles wash water may dispose of excess rinse water to an absorption field system, provided that the following conditions are met:

1. Only rinse water shall be disposed of in the absorption field system. Wash water is prohibited from disposal.

2. The discharge of rinse water shall not exceed 2000 gallons per day to the absorption field.

3. The rinse water shall be treated in a settling tank having a minimum detention time of 90 minutes based on the maximum discharge rate.

4. The absorption field shall be designed, sized, and installed in accordance with the technical standards and criteria for absorption fields contained in Chapter 64E-6, F.A.C.

History

• Rulemaking Authority 403.051, 403.814 FS. Law Implemented 120.55, 403.051, 403.061, 403.087, 403.088, 403.814 FS. History–New 1-2-91, Amended 4-22-93, 5-19-94, Formerly 17-660.803, Amended 12-24-96.

Fla. Admin. Code R. 62-660.804 General Permit for Sand and Limestone Mines

(1) General Requirements. This rule authorizes a general permit for any person operating a sand or limestone mine designed and operated in accordance with this rule, provided that all of the conditions of this rule are met.

(2) Applicability and Coverage.

(a) Coverage under this general permit applies to existing sand and limestone mines which have coverage under this rule as of February 3, 2015.

(b) Coverage under this general permit will apply to sand and limestone (including shell and coquina) mines that do not hold a current Environmental Resource Permit (ERP) issued under Part IV of Chapter 373, F.S. Facilities which have coverage under a current Environmental Resource Permit issued under Part IV of Chapter 373, F.S. do not need to renew this general permit.

(3) General Provision.

(a) Coverage under this general permit shall be subject to the general conditions of Rule 62-4.540, F.A.C.

(b) An applicant for a sand or limestone mine general permit shall complete and submit to the Department DEP Form 62-660.900(6), Notification Form to Use the General Permit for Sand and Limestone Mines, effective February 3, 2015, which is adopted and incorporated herein by reference. This form may be obtained by contacting the appropriate district office, by writing the Department of Environmental Protection, Industrial Wastewater Program, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, from the Department’s website or from http://www.flrules.org/Gateway/reference.asp?No=Ref-04888. The general permit will become effective 30 days after Department receipt of the notification form, unless the Department notifies the permittee that the project does not qualify for a general permit.

(c) This general permit does not relieve the permittee of the responsibility for obtaining any other permits required by the Department or any other federal, state, or local agency. This general permit is not a National Pollutant Discharge Elimination System (NPDES) permit.

(d) Coverage under this general permit is limited to a term not to exceed five years from the effective date of coverage.

(e) The permittee may request continued coverage under this general permit in accordance with the requirements contained in paragraph 62-660.804(3)(b), F.A.C., above. Request for continued coverage shall be made at least 30 days before expiration of the current coverage.

(f) The permittee is responsible for advising the Department within 30 days of any change in ownership, operator or contact information for the facility.

(4) Definitions. For the purpose of this permit, the following terms shall, unless the context clearly indicates otherwise, have the following meanings:

(a) “Heavy Minerals” shall be as defined in Section 378.403(7), F.S.

(b) “Limestone mine” means any mining operation in which the primary resource mined is composed principally of calcium or magnesium carbonate, which includes shell and coquina, along with the associated processing facility, water control system, and settling ponds.

(c) “Pollution” shall be as defined in Section 403.031, F.S.

(d) “Sand mine” means an area of land from which sand (excluding heavy minerals) is being mined, along with the associated processing facility, water control system, and settling ponds.

(5) Information Requirements.

(a) The permittee shall submit the information as outlined in Department DEP Form 62-660.900(6), Notification Form to Use the General Permit for Sand and Limestone Mines, effective, February 3, 2015.

(b) A Best Management Practices (BMP) Plan shall be developed and implemented for the facility. The BMP Plan shall include elements designed to prevent or minimize the potential for the release of pollution to waters of the state from ancillary activities. Ancillary activities may include material storage areas, plant site runoff, in-plant transfer, process and material handling areas, and loading and unloading operations through plant site runoff, spillage or leaks, or drainage from raw material storage. The BMP Plan shall be subject to the following requirements:

1. The applicant shall maintain the BMP Plan at the facility and shall make the plan available to the Department upon request.

2. The BMP Plan shall be maintained in written form, and shall include any necessary site plans, drawings, or maps. The BMP Plan shall be prepared and certified by a professional engineer registered in the State of Florida and shall be reviewed by the facility staff.

3. The BMP Plan shall identify areas, systems or components of the facility that have a potential for causing a release of pollution to waters of the state, due to equipment failure, improper operation, or natural phenomena such as extreme rain or winds.

4. The plan shall include a prediction of the direction, rate of flow, and total quantity of pollution which could be discharged from the facility as a result of equipment failure, improper operation, or natural phenomena such as extreme rain or winds.

5. The BMP Plan shall establish specific preventive and remedial procedures to prevent pollution from reaching waters of the state in amounts which will cause a violation of water quality standards.

6. The BMP Plan shall be revised as necessary whenever there is a change at the facility which increases the potential for the release of pollution to waters of the state.

7. The facility shall be reasonably maintained to prevent entry of unauthorized personnel.

8. The facility is not required to prepare a separate BMP if all of the requirements of the BMP Plan are addressed within a Stormwater Pollution Prevention Plan (SWPPP) prepared under subsection 62-621.300(5), F.A.C.

(6) Design Requirements. A professional engineer registered in the State of Florida shall certify the following:

(a) All earthen dams storing process wastewater and runoff above grade shall be constructed and maintained in accordance with good engineering practices.

(b) The sand or limestone mine is designed to recycle process wastewater and contain process wastewater and runoff from storm events up to a 25-year, 24-hour storm or equivalent event.

(7) Operational Requirements.

(a) There shall be no discharge from storage ponds except as a result of storms exceeding a 25-year, 24-hour storm or equivalent event.

(b) No chemicals, except water conditioners, pH adjusters and chemicals which have been demonstrated as to not adversely affect human health or aquatic life shall be added to the process water used for transporting, washing or processing of the sand or limestone. Records of all chemicals used (including dosage rates) by the facility must be kept and made available for inspection to the Department upon request.

History

• Rulemaking Authority 403.051, 403.814 FS. Law Implemented 120.55, 403.051, 403.061, 403.087, 403.814 FS. History–New 1-2-91, Amended 4-22-93, Formerly 17-660.804, Amended 12-24-96, 2-3-15.

Fla. Admin. Code R. 62-660.805 General Permit for Disposal of Tomato Wash Water

(1) General Requirements.

(a) This rule authorizes a general permit for any person constructing or operating a treatment and disposal system for wash water from the packaging of fresh market tomatoes with a wash tank discharging between 5,000 and 50,000 gallons per day, provided that all of the conditions of this rule are met.

(b) Any tomato wash water disposal system with a wash tank discharging less than 5,000 gallons per day is exempt from the requirement to obtain a Department industrial wastewater permit if:

1. The disposal of the systems wash water does not cause a violation of any Department standard for surface or ground water quality; and,

2. Wash water is not discharged directly to surface waters or to ground waters through wells or sinkholes that allow direct contact with Class G-I or Class G-II ground waters.

(c) Tomato wash water disposal systems discharging greater than 50,000 gallons per day, or systems not otherwise complying with the requirements of this rule, must obtain a standard Department industrial wastewater discharge permit.

(d) Tomato wash water disposal systems that discharge to publicly or privately owned wastewater treatment facilities permitted by the Department are exempt from Department industrial wastewater permitting and the requirements of this rule.

(e) This general permit shall be subject to the general conditions of Rule 62-4.540, F.A.C.

(f) The permittee shall complete and submit DEP Form 62-660.900(7), Tomato Wash Water Disposal General Permit Notification Form, effective 1-8-92, which is adopted and incorporated herein by reference, and the information required by that form 30 days before use of this general permit. This form may be obtained by contacting the appropriate district office or by writing the Department of Environmental Protection, Bureau of Water Facilities Planning and Regulation, 2600 Blair Stone Road, MS 3535, Tallahassee, Florida 32399-2400.

(g) Within 30 days after construction is complete, the engineer of record or another registered professional engineer shall certify to the Department, using DEP Form 62-660.900(2), Industrial Wastewater Facilities Certificate of Completion of Construction, that the permitted construction is complete and usable and was done in accordance with the plans submitted to the Department except when minor deviations were necessary because of site-specific conditions. These deviations and the reasons for them shall be described in detail.

(h) This general permit does not relieve the permittee of the responsibility for obtaining any other permits required by the Department or any other federal, state, or local agency.

(2) Definitions. Terms used in this rule shall have the meaning specified below.

(a) “Cull tomatoes” means tomatoes that are removed from the packaging process because of damage or other reasons that make the tomatoes unsuitable for packaging.

(b) “Land application site” means an area of land used for treatment and disposal of wastewater by spray irrigation at predetermined rates necessary to prevent degradation of ground and surface waters.

(c) “Shallow water supply well” means any potable water well which pumps water from an unconfined water table aquifer.

(d) “Wash water” means the water used to clean and transport tomatoes before packaging.

(e) “Wash tank” means a tank used to collect and hold wash water.

(3) Prohibitions.

(a) This general permit shall not be valid for tomato canning facilities.

(b) Runoff from the land application site to surface waters of the state is prohibited from all storm events up to and including a 10-year, 1-hour storm event.

(4) Pre-treatment Design and Operation Requirements.

(a) Tomato wash water disposal systems shall include a screening system or a sedimentation system that filters out leaves, twigs, and other floating objects to prevent clogging of the spray nozzles.

(b) The permittee shall dispose of solids from the screening or sedimentation systems with cull tomatoes or in an approved landfill or solid waste management facility.

(5) Land Application Site Design Requirements.

(a) The hydraulic loading rate of the land application site shall be no more than 0.66 inches per day. The hydraulic loading rate shall not cause toxicity to the cover crop.

(b) At the land application site there shall be a minimum unsaturated depth to the water table of 18 inches during the operational season as determined by soil surveys or by a Professional Engineer or Professional Geologist. If there is not a minimum unsaturated depth of 18 inches, percolation tests shall be conducted at the site to assure that the proposed hydraulic loading rate will not cause ponding and that aerobic conditions will be maintained in the grass cover crop root zone.

(c) A minimum setback distance of ten feet shall be maintained between the wetted perimeter and the permittee’s property boundary.

(d) The wetted perimeter shall not be located within 100 feet of shallow water supply wells or Class I surface waters.

(e) The land application site shall be graded and bermed as necessary to prevent runoff of stormwater resulting from all storm events up to and including a 10-year, 1-hour storm event.

(f) A minimum of ten spray nozzles shall be used per wetted acre of land. Spray nozzles shall be designed to promote volatilization of the wash water and to minimize spray drift off the land application site.

(6) Land Application Site Operation and Maintenance Requirements.

(a) A cover crop of grass shall be maintained at the land application site to aid in maintaining aerobic conditions, promoting the decomposition of waste, and maintaining infiltration rates. The grass cover crop shall be mowed regularly during the operating season to prevent matting of the grass.

(b) The land application site shall be operated to prevent ponding of the spray wash water.

(c) Routine maintenance of spray heads, risers, or other distribution equipment shall be performed as needed to ensure optimal operation.

(7) Record Keeping. The permittee shall keep records of the number of days and the dates of operation of the land application site each year, the volume of wash water disposed of each day, and the amount of tomatoes (in boxes, pounds, or tons) processed each week. The records shall be kept for five years and made available to the Department upon request.

History

• Rulemaking Authority 403.051, 403.814 FS. Law Implemented 120.55, 403.051, 403.061, 403.087, 403.814 FS. History–New 1-8-92, Formerly 17-660.805, Amended 12-24-96.

Fla. Admin. Code R. 62-660.806 General Permit for Disposal of Fresh Citrus Fruit Wash Water

(1) General Requirements, Conditions and Applicability.

(a) This rule authorizes a general permit for any person constructing or operating a wastewater treatment and sprayfield land application effluent disposal system for wash water from fresh citrus fruit packinghouses as defined in paragraph 62-660.806(2)(c), F.A.C. This general permit applies to facilities that generate more than 5,000 gallons per day of wash water during the operating season, provided that all of the conditions of this rule are met. Ground water monitoring shall not be required for facilities covered under this rule.

(b) Any facility generating less than 5,000 gallons per day during the operating season is exempt from the requirement to obtain this General Permit or a Department industrial wastewater permit if all of the following requirements are met:

1. Wastewater is not discharged directly to surface waters or to ground waters through wells or sinkholes that allow direct contact with Class G-I, F-1 or G-II ground waters as defined in Chapter 62-520, F.A.C.,

2. The disposal of the facility’s wastewater does not cause or contribute to a violation of surface water and/or ground water quality standards,

3. There is a 100-foot setback between the wetted perimeter and the facility’s property boundary,

4. Best Management Practices (BMPs) are implemented to minimize ponding or runoff from the land application site and ensure proper maintenance of the sprayfield,

5. Records are maintained in accordance with subsection 62-660.806(6), F.A.C.

(c) This general permit is not applicable to fresh citrus packinghouses engaged in other auxiliary operations such as citrus juicing that commingle their waste streams with wash water. Facilities that utilize percolation ponds, other types of land application disposal, or a sprayfield type of land application not otherwise complying with the requirements of this rule, are not covered by this general permit. These facilities shall:

1. Obtain an individual wastewater permit in compliance with Chapter 62-620, F.A.C.,

2. Obtain a “Generic Permit for Discharges from Fresh Citrus Fruit Packinghouses to Percolation Ponds” in accordance with subsection 62-621.500(1), F.A.C.,

3. Meet the provisions of paragraph 62-660.806(1)(b), F.A.C., or

4. Obtain an exemption from permitting pursuant to Rule 62-4.040, F.A.C.

(d) Facilities that discharge to a Department approved domestic wastewater collection system are not required to obtain an industrial wastewater permit and are not subject to the requirements of this rule. Refer to Chapter 62-604, F.A.C., Collection Systems and Transmission Facilities, for the need to obtain a permit under that chapter.

(e) This general permit does not relieve the permittee of the responsibility for obtaining any other permits required by the Department or any federal, state, local agency, or authority.

(f) This general permit shall be subject to the general conditions of Rule 62-4.540, F.A.C.

(g) The permittee shall complete and submit DEP Form 62-660.806(1)(g), Notification Form To Use General Permit For Land Application of Fresh Citrus Packinghouse Wash Water Effluent, effective May 10, 2005, which is adopted and incorporated herein by reference, and the information required by that form 30 days before use of this general permit. Form 62-660.806(1)(g) shall be signed and sealed by a professional engineer registered in the State of Florida in accordance with Chapter 471, F.S. This form may be obtained by contacting either the local Department District Office, by writing the Department of Environmental Protection, Industrial Wastewater Section, Mail Station #3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or from the Department’s website.

(h) Within 30 days after construction of a new facility being complete, the engineer of record or another registered Professional Engineer shall certify to the Department, using DEP Form 62-620.910(12), Industrial Wastewater Facilities Certificate of Completion of Construction, that the permitted construction is complete and usable and was done in accordance with the plans submitted to the Department except when minor deviations were necessary. These deviations and the reasons for them shall be described in detail.

(2) Definitions. Terms used in this rule shall have the meaning specified below:

(a) “Cull fruit” means citrus fruit that is removed from the packaging process because of damage or other reasons that make the citrus fruit unsuitable for packaging.

(b) “Existing fresh citrus fruit packinghouse” or “existing facility” means a packinghouse which was in operation on or before May 10, 2005.

(c) “Fresh citrus fruit packinghouse” or “facility” means a facility whose primary purpose is to wash, disinfect, sort, and package fresh citrus fruit and is assigned Standard Industrial Classification (SIC) Code 0723.

(d) “Land application site” means an area of land used for treatment and disposal of wash water and solids.

(e) “New fresh citrus fruit packinghouse” or “new facility” means a packinghouse which was constructed or placed into operation after May 10, 2005, or to an existing facility to which a substantial modification was made after May 10, 2005.

(f) “Operating season” is the period of operation for citrus packinghouse facilities.

(g) “Percolation pond” means an impoundment, either above or below the natural land surface that is designed to percolate wash water.

(h) “Private drinking water supply well” means a well serving private or multifamily water systems as defined in Rule 62-532.200, F.A.C.

(i) “Public drinking water supply well” means a well serving a public water system as defined in Rule 62-550.200, F.A.C.

(j) “Solids” means leaves, twigs and other objects.

(k) “Sprayfield” means a land application site where spray irrigation of a grass cover crop or a citrus grove is utilized for treatment and disposal of wash water at predetermined application rates necessary to prevent degradation of surface water and groundwater.

(l) “Wash water” means the water used to wash, disinfect, and apply a protective wax to fresh citrus fruit before packaging.

(3) Prohibitions.

(a) Discharge from any land application site to surface waters of the state is not authorized by this permit.

(b) Discharge from any land application site shall not cause or contribute to a violation of surface water and/or ground water quality standards.

(c) No discharge of wastes or wastewater other than wash water generated by the operations defined as fresh citrus fruit packinghouses in paragraph 62-660.806(2)(c), F.A.C., shall be disposed of in sprayfields authorized by this permit. This prohibition includes, but is not limited to, stormwater, sanitary wastewater generated by employees of the facility, wastewater generated by washing or maintaining mobile equipment, or wastewater generated by ancillary operations.

(4) Solids Management.

(a) The permittee shall dispose of solids from the screening or sedimentation system with cull fruit in an approved landfill or solid waste facility. Alternatively, the permittee may apply solids to a land application site in accordance with subsection 62-660.806(5), F.A.C., below.

(b) Culled fruit shall be managed in such a manner that no contact stormwater shall be produced or discharged to the disposal system or waters of the State.

(5) Design and Operation Requirements.

(a) The hydraulic loading rate of the land application site shall be no more than 2.00 inches per week during the period of operation. The hydraulic loading rate shall not cause toxicity to the cover crop or have adverse impacts on the soil so as not to sustain a cover crop.

(b) The land application site shall be operated to prevent ponding or runoff.

(c) When the sprayfield land application site is in use, there shall be a minimum unsaturated depth to the seasonal high water table of 18 inches as determined by soil surveys and by a Professional Engineer or Professional Geologist. If there is not a minimum unsaturated depth of 18 inches, percolation tests shall be conducted at the site to assure that the proposed hydraulic loading rate will not cause ponding and that aerobic conditions will be maintained in the root zone. Results from the percolation tests shall be kept in accordance with subsection 62-660.806(6), F.A.C., below and provided to the Department upon request for coverage under this General Permit.

(d) A minimum storage capacity shall be provided to assure the retention of the wastewater under adverse weather conditions, harvesting conditions, maintenance of irrigation equipment, or other conditions that preclude land application. Storage capacity can be achieved through tanks or lined ponds. If the storage volume is not provided, the facility shall be capable of ceasing operation during wet weather. Application of wash water may continue during periods of rainfall provided all other conditions in subsection 62-660.806(5), F.A.C., are met. However, should ponding or runoff occur, the permittee shall cease operations or store wash water in tanks or lined ponds for land application during subsequent dry periods.

(e) All sprayfield land application sites shall maintain a minimum setback distance of 100 feet between the wetted perimeter and the property line.

(f) A minimum setback distance of 500 feet shall be maintained between the wetted perimeter and public drinking water supply wells existing prior to the date of initial coverage under this permit. In addition a minimum setback distance of 500 feet shall be maintained between the wetted perimeter and Class I & II surface waters.

(g) New facilities shall maintain a minimum setback distance of 75 feet between the wetted perimeter and private drinking water supply wells existing prior to the date of initial coverage under this permit.

(h) All land application sites shall be graded and bermed, as necessary, to prevent runoff of storm water resulting from all storm events up to and including a 10-year, 24-hour storm event.

(i) Spray nozzles shall be designed to provide uniform distribution of the wash water and to minimize spray drift off the land application site.

(j) The cover crop of grass or citrus fruit shall be sufficient to aid in maintaining aerobic conditions and infiltration rates, promoting plant uptake of nutrients, and providing for evapotranspirative consumption.

(k) Routine maintenance of spray heads, risers, or other distribution equipment shall be performed as needed to ensure optimal operation.

(l) The screening system or sedimentation system shall be designed and operated to filter out solids.

(m) The collection sewer and sump shall be designed and operated to prevent overflows.

(6) Recordkeeping.

(a) The permittee shall keep records of the number of days and the dates of operation of the land application site each year, the volume of wash water disposed of each week, and the amount of citrus fruit (in boxes, pounds, or tons) processed each week.

(b) The permittee shall keep records of the maintenance performed to ensure proper operation of the sprayfield, including at a minimum those in paragraph 62-660.806(5)(k), F.A.C., above.

(c) The permittee shall keep records of solids land applied on-site or transferred to other persons. The record shall include the approximate amount of solids applied on-site, or in case of transfers, recipient’s name and address, and location of disposal, if known.

(d) The records shall be kept for five years and made available to the Department upon request.

(7) Duty to Request Continued Coverage.

(a) Coverage under this general permit is limited to a term not to exceed five years from the effective date of coverage.

(b) The permittee may request continued coverage under this general permit in accordance with the requirements contained in paragraph 62-660.806(1)(g), F.A.C., above. Request for continued coverage shall be made at least 30 days before expiration of the current coverage.

History

• Rulemaking Authority 403.051, 403.814 FS. Law Implemented 120.55, 403.051, 403.061, 403.087, 403.088, 403.814 FS. History–New 5-10-05.

Fla. Admin. Code R. 62-660.820 General Permit for Fish Farms

History

• Rulemaking Authority 403.051, 403.0877, 403.814 FS. Law Implemented 120.55, 403.051, 403.0877, 403.814 FS. History–New 4-30-92, Amended 4-14-94, Formerly 17-660.820, Amended 12-24-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-660.821 General Permit for Marine Bivalve Facilities

History

• Rulemaking Authority 403.051, 403.0877, 403.814 FS. Law Implemented 120.55, 403.051, 403.0877, 403.814 FS. History–New 3-8-93, Formerly 17-660.821, Amended 12-24-96, Repealed 2-16-12.

Chapter 62-670 FEEDLOT AND DAIRY WASTEWATER TREATMENT AND MANAGEMENT REQUIREMENTS

Fla. Admin. Code R. 62-670.200 Definitions

Terms used in this rule shall have the meaning specified below. The meaning of any term not defined below may be taken from definitions in other rules of the Department, unless such meaning would defeat the purposes or intent of this rule.

(1) “Animal feeding operation” means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:

(a) Animals have been, are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period; and,

(b) Crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(c) Two or more animal feeding operations under common ownership are deemed to be a single animal feeding operation if they are adjacent to each other or if they utilize a common area or system for the disposal of wastes.

(2) “Animal unit” means a unit of measurement for an animal feeding operation calculated by adding the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0.

(3) “Concentrated animal feeding operation” means a feeding operation where more animals are confined than are specified in the categories listed below. Any animal feeding operation that contains process wastewater and runoff from the 25-year, 24-hour storm event, is not considered a concentrated animal feeding operation regardless of the number of animals at the facility.

(a) 1,000 slaughter and feeder cattle;

(b) 700 mature dairy cattle (whether milked or dry cows), except that dairy farms located in the Lake Okeechobee Drainage Basin as defined in subsection 62-670.200(8), F.A.C., shall be regulated pursuant to Rule 62-670.500, F.A.C.;

(c) 2,500 swine weighing over 55 pounds each;

(d) 500 horses;

(e) 10,000 sheep or lambs;

(f) 55,000 turkeys;

(g) 100,000 laying hens or broilers (if the facility has continuous overflow watering);

(h) 30,000 laying hens or broilers (if the facility has a liquid manure handling system);

(i) 5,000 ducks, or

(j) 1,000 animals units.

(4) “Dairy Farm” means any operation as defined in subsection 5D-1.001(49), F.A.C., and regulated by the Florida Department of Agriculture and Consumer Services.

(5) “Egg production facility” means a commercial facility housing laying hens or cleaning, sorting and preserving eggs.

(6) “Egg wash wastewater” means wastewater generated as a result of cleaning, sorting and preserving eggs.

(7) “High intensity use area” means all areas of concentrated animal density generally associated with milking barns, feedlots, holding pens, travel lanes and contiguous milk herd pasture where the permanent vegetative cover is equal to or less than 80 percent, under average annual worst-case conditions, as determined by USDA Soil Conservation Service methods.

(8) “Lake Okeechobee Drainage Basin” means the drainage basin consisting of the following sub-drainage basins:

(a) Lower Kissimmee River basin below structure S-65;

(b) Taylor Creek – Nubbin Slough basin;

(c) Fish Eating Creek basin;

(d) Indian Prairie and Harney Pond basins;

(e) C-41A basin;

(f) Nicodemus Slough basin; and,

(g) Drainage areas tributary to the South Florida Water Management District Pump Stations designated as S-127, S-129, S-131, S-133, S-135, S-2, S-3, and S-4. The geographical boundaries of these sub-basins shall be as designated by the South Florida Water Management District in its Technical Publication 81-2, May, 1981.

(9) “Liquid manure system” means a system for conveyance of manure which uses water.

(10) “Major egg production facility” means an egg production facility which has:

(a) More than 100,000 laying hens, or

(b) More than 30,000 laying hens when the facility has a liquid manure system, or

(c) On site facilities which process at least the number of eggs produced by 100,000 laying hens, not necessarily from onsite hens, on a daily basis.

(11) “Man-made” means constructed by man and used for the purpose of transporting wastes.

(12) “Management Plan” means a site-specific detailed plan, with design calculations, providing for collection, storage and disposal of all wastewater from the milking barn, and of the runoff from the 25-year, 24-hour storm event from all “high intensity” areas within the dairy farm. In addition, the plan shall include provision for implementation of required management practices. Such plan shall be prepared in accordance with the standards of the USDA Soil Conservation Service and shall include detailed instructions for operation and maintenance of wastewater/runoff collection, storage and disposal systems.

(13) “Process generated wastewater” means water directly or indirectly used in the operation of a feedlot for any or all of the following: Spillage or overflow from animal or poultry watering systems; washing, cleaning or flushing pens, barns, manure pits or other feedlot activities; direct contact swimming, washing or spray cooling of animals; and dust control.

(14) “Process wastewater” means any process generated wastewater and any precipitation which comes into contact with any manure, litter of bedding, or any other raw material or intermediate product used in or resulting from the production of animals or poultry or direct products.

(15) “25-year, 24-hour Storm Event” means the amount of rainfall within 24 hours that is likely to be exceeded on the average only once in 25 years, as published by the U.S. Weather Bureau in Technical Paper 40 “Rainfall Maps for 24-hour Rainfall Amounts for the Coterminous United States.”

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.804 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.087, 403.088 FS. History– New 11-27-89, Amended 4-2-90, Formerly 17-670.200, Amended 12-26-96.

Fla. Admin. Code R. 62-670.400 Requirements for Concentrated Animal Feeding Operations

(1) Any person discharging or proposing to discharge pollutants from a concentrated animal feeding operation shall file an application for a permit with the Department.

(2) Each application must be filed on DEP Form 62-620.910(3) and completed in accordance with the instructions provided in such form.

(3) Case-by-Case Designation of Concentrated Animal Feeding Operations. Notwithstanding any other provision of this section, the Secretary or authorized designee may designate as a concentrated animal feeding operation any animal feeding operation not otherwise falling within the definition provided in subsection 62-670.200(3), F.A.C. In making such designation, the Secretary or authorized designee shall consider the following factors:

(a) The size of the animal feeding operation and the amount of wastes reaching waters of the State;

(b) The location of the animal feeding operation relative to waters of the State;

(c) The means of conveyance of animal wastes and process waste waters into waters of the State;

(d) The slope, vegetation, rainfall, and other factors relative to the likelihood or frequency of discharge of animal wastes and process waste waters into waters of the State; and,

(e) Other such factors relative to the significance of the pollution problem sought to be regulated.

(f) Provided, however, that no animal feeding operation with less than the number of animals set forth in subsection 62-670.200(3), F.A.C., shall be designated as a concentrated animal feeding operation unless such animal feeding operation meets either of the following conditions:

1. Pollutants are discharged into waters of the state through a man-made ditch, flushing system or other similar man-made device, or

2. Pollutants are discharged directly into waters of the state which originate outside of and pass over, across, through the feeding operation or come into direct contact with the animals confined in the operation.

(4) In no case shall a permit application be required from a concentrated animal feeding operation designated pursuant to this section until there has been an onsite inspection of the operation and a determination that the operation should and could be regulated under the permit program. In addition, no application shall be required from an owner or operator of a concentrated animal feeding operation designated pursuant to this section unless such owner or operator is notified in writing of the requirement to apply for a permit, and the basis for imposing such requirement.

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.804 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.087, 403.088 FS. History– New 11-27-89, Amended 4-2-90, Formerly 17-670.400, Amended 12-26-96.

Fla. Admin. Code R. 62-670.500 Requirements for Dairy Farms in the Lake Okeechobee Drainage Basin

(1) The discharge of untreated wastewater and runoff from dairy farms may reasonably be expected to be a source of pollution to waters of the state. The purpose of Rule 62-670.500, F.A.C., is to control pollution of waters of the state due to the discharge of wastewater and runoff from dairy farms in the Lake Okeechobee Drainage Basin to surface and ground water.

(2) Rule 62-670.500, F.A.C., shall be applicable to all dairy farms in the Lake Okeechobee Drainage Basin as defined in subsection 62-670.200(8), F.A.C. Regulation of dairy farms in other drainage basins under this rule will be proposed upon a determination by the Department that such additional regulations are required to insure that water quality standards are met or maintained.

(3) Discharge of dairy farm wastewater and runoff to waters of the state shall not cause or contribute to a violation of water quality standards.

(4) The system of practices, specified in subsections 62-670.500(5) through (8), F.A.C., for collection and recycling of wastewater by proper land disposal, together with the associated management practices, is established for the purpose of determining compliance with water quality standards. Implementation of these practices will be presumed to provide reasonable assurance that the facility will meet water quality standards in waters of the state.

(5) Fencing.

(a) All dairy cattle, including dry cows and heifers, shall be fenced away from all watercourses, or drainage ditches with a drainage area of 100 acres or more, that will transport storm runoff to surface waters. All new and replacement fences shall be located no closer than 25 feet from the top of the side slopes of the drainage or from the stream bank of natural watercourses. The area between the fence and the watercourses or drainage ditches may be used for forage crop production and shall be so managed as to attenuate the loads of nutrients carried to surface waters. Additional fencing may be required by the management plan on the basis of site-specific factors.

(b) Milk Herd Concentration. The high intensity use area shall be so managed as to encourage congregation of the milk herd in the area. Permanent structures, and watering and feeding facilities shall be located in contiguous high-intensity use areas, whenever practicable, to promote maximum waste/runoff collection.

(c) Barn Waste and High Intensity Runoff. All wastes and flushings from milking barns and runoff from high intensity use areas shall be centrally collected for storage and disposal by land application, or treated prior to discharge. The size of the high intensity use area is expected to vary on a site-specific basis. It is the intent of this rule that this area shall be minimized through adoption of appropriate site designs and management practices developed in the management plan. It is contemplated that in many cases existing high intensity areas will be reduced in size, thus minimizing the amount of runoff to be collected.

1. The design of lagoons, storage ponds and other impoundments for barn wastes and runoff from “high intensity use” areas shall be based on total containment of effluents for the longest anticipated period between emptyings. The volume should be large enough to store inputs from accumulated manure and wash water, direct rainfall on the pond, and the runoff contributed to the facility for the period minus losses expected due to evaporation. The design will provide for storage of runoff from the 25-year, 24-hour storm event. Runoff shall be determined in accordance with the USDA Soil Conservation Service procedures. The design and construction of the waste management facilities should conform to the criteria contained in the local SCS Field Office Technical Guide.

2. The storage facilities shall be cleaned periodically to remove accumulated sludge, debris or other solids so that their effective capacity (design volume) to provide adequate storage of wastes and runoff before land application will not be reduced. The bottom of the storage facilities shall be sealed, when necessary, to prevent leakage of the contents to the surrounding ground water.

(d) Land Application. Land application of all wastes (solids, sludge, runoff and wastewater) shall be managed to maximize water quality benefits derived from plant uptake of nutrients.

1. The nutrient content of all wastes shall be determined at least quarterly before spreading and the wastewater and runoff shall be applied to meet nutrient requirements of the crops. If the nutrient analyses show consistent results, the frequency of the analysis may be reduced. The degree of consistency required and the specific changes in the frequency of analysis shall be specified in the permit.

2. All sources of nutrients applied shall not exceed the annual nutrient requirements of the grasses or crops in the area.

3. The water table shall be eighteen (18) inches or deeper below the normal ground surface when wastes are applied to the land.

4. Irrigation with wastewater and runoff shall be managed so that no irrigation water is discharged to the surface waters of the state.

5. The frequency and rate of land application shall be managed to avoid secondary environmental problems such as severe odors, insect and pest problems, and other nuisance conditions. If wastes are to be disposed of on property not owned by the permittee, evidence of an appropriate lease or contract shall be provided for inclusion in the management plan.

(e) Alternative to Land Application. As an alternative to land application, the Department may consider other methods of treatment and disposal of barn wastewater and runoff from high intensity areas. Limits for such treatment or disposal methods will be based on applicable Department rules.

(6) Setback Distances.

(a) All dairy farms that originated after June 3, 1987, shall maintain the following minimum setback distances between storage and treatment facilities, or high intensity areas; and:

Drinking Water Supply Wells:

300 feet

Natural Watercourses:

200 feet

Drainage Ditches:

100 feet

(b) All dairy farms that originated after June 3, 1987, shall maintain the following setback distances buffer zones between land application areas; and:

Drinking Water Supply Wells:

200 feet

Natural Watercourses:

50 feet

Drainage Ditches:

50 feet

(c) Distances other than those in paragraphs (a) and (b), above, shall be specified in the permit if the Department determines based on information provided in the application that because of the type of soils and hydrogeology of the sites involved, a larger distance is necessary to protect the designated uses of the waters, or that allowance of a smaller distance will not impair the designated uses of the waters.

(d) Systems that existed prior to June 3, 1987, shall be evaluated on a case-by-case basis regarding their proximity to water supply wells and surface water bodies and their water quality impacts. A report on this evaluation shall be included in the management plan as required in subparagraph 62-670.500(8)(a)3., F.A.C.

(7) Ground Water Quality Monitoring Requirements.

(a) Ground water near the storage ponds and land application areas shall be monitored for the following parameters on a quarterly basis:

Total Nitrogen

(as N)

Nitrate Nitrogen

(as N)

Total Phosphorus

(as P)

Ortho Phosphorus

(as P)

(b) Background water quality shall also be monitored on wells up gradient of ground water flow to the storage ponds and land application sites. The locations and depths of monitoring wells shall be specified in the permits. The monitoring frequency of any parameter may be reduced to semi-annual if more than six consecutive samples show no increase in the concentration of that parameter. These requirements are in lieu of the requirements of subsection 62-28.700(6), F.A.C.

(8) Permit Requirements.

(a) Existing Dairy Farms.

1. By December 3, 1987, the owners or operators of all dairy farms in existence on June 3, 1987, are to have provided the Department with information concerning their operations, including:

a. The number of acres in the dairy farm,

b. The number of milking barns on the farm and the number of acres for each barn,

c. Herd size for each barn,

d. A copy of any current Soil Conservation Service Management Plan(s) for the dairy farm.

2. By December 3, 1987, any dairy farm in existence on June 3, 1987, which is not in compliance with the practice specified herein is to have demonstrated to the Department that it has formally requested such a management plan from the local Soil and Water Conservation District or that it has contracted with a licensed professional engineer for such a plan.

3. On June 3, 1989, all dairy farms in existence prior to June 3, 1987, are to have submitted to the Department:

a. A management plan prepared by the Soil Conservation Service or a Florida licensed professional engineer that will bring the farm into compliance with the requirements of this rule; and,

b. An application for a construction or operation permit on Forms 62-620.910(1) and 62-620.910(3), to be provided by the Department, which application shall include the ground water monitoring program as required under subsection 62-670.500(7), F.A.C. Any construction permits issued under this rule shall set a date for completion of construction and compliance with this rule.

4. A new management plan shall be prepared and submitted to the Department should there be any plan to increase the number of animals or change the manner of disposal of the wastes.

5. All dairy farms in existence prior to June 3, 1987, shall have completed construction in accordance with their permit as soon as practicable but no later than 18 months from the date of issuance of the construction permit.

(b) New Dairy Farms. Dairy farms originating after June 3, 1987, shall submit an application to the Department for a construction permit together with a management plan prepared by the SCS or a professional engineer licensed to practice in the State of Florida.

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.804 FS. Law Implemented 403.021, 403.051, 403.061, 403.062, 403.087, 403.088 FS. History–New 11-27-89, Amended 4-2-90, Formerly 17-670.500, Amended 12-26-96.

Fla. Admin. Code R. 62-670.600 Wastewater Treatment for Commercial Egg Production Facilities

(1) Statement of Intent.

(a) The purpose of Rule 62-670.600, F.A.C., is to control pollution of waters of the state due to the discharge of wastewaters and run off from major egg production facilities. Discharge of process wastewater and runoff from any major egg production facilities. Discharge of process wastewater and runoff from any major egg production facility to surface waters is prohibited except in the event of a 25-year, 24-hour storm event. This rule establishes treatment and ground water monitoring requirements for major egg production facilities that have a discharge to ground water.

(b) Rule 62-670.600, F.A.C., applies to and requires permits for all major egg production facilities as defined in subsection 62-670.200(10), F.A.C., except major egg production facilities with dry manure systems that combine egg wash wastewater with the dry manure and dispose of it in accordance with an approved Soil and Water Conservation District Board (SWCDB) Plan.

(2) Permitting Requirements for Egg Production Facilities.

(a) All major egg production facilities which generate wastewater must have wastewater treatment, containment and disposal facilities permitted by the Department prior to their construction or operation. Permits will be issued if reasonable assurance is provided by the applicant that the requirements of this rule and other applicable Department rules will be met.

(b) Permit applications shall be submitted on DEP Form 62-620.910(3). A copy of the facility’s approved Soil and Water Conservation District Board (SWCDB) Plan shall be submitted, if available, with the application.

(c) Major egg production facilities operating at the time this rule comes into effect shall submit to the Department an application for an operation permit. This application shall be submitted by October 1, 1990. No such application is required if such a facility is operating under a Department industrial wastewater permit. Existing permits will be modified to meet the requirements of this rule upon renewal of the permit.

(d) Egg production facilities not defined as major egg production facilities shall be exempt from permitting, provided all process wastewater and runoff from a 25-year, 24-hour storm event is contained, unless it is reasonable to expect that the facility will cause or contribute to water quality violations.

(3) Disposal and Treatment of Egg Wash Wastewater.

(a) Pretreatment. To enhance additional treatment by the soil, the permittee shall provide pretreatment of the egg wash wastewater prior to spray irrigation or other land disposal systems approved by the Department. Pretreatment systems shall be designed, operated, and monitored so as to provide reasonable assurance that aerobic conditions can be maintained at the soil surface of the sprayfield and that long term operation will not result in ponding or runoff of applied wastewater. Minimum pretreatment required prior to spray irrigation shall consist of the following:

1. Sedimentation using a settling tank or clarifier to reduce settleable solids and, if needed, scum removal using skimming devices to reduce floating solids prior to discharge to the sprayfield.

2. Aeration adequate to maintain an aerobic condition within the pretreatment system.

3. Neutralization or adjustment of treated effluent to a pH ranging from 6.5-8.5 (standard units).

4. Additional treatment necessary to provide reasonable assurance that oils, detergents, solvents, cleaners, or other substances will not be present in the pretreated effluent in such quantities or concentrations so as to interfere with the spray irrigation (land disposal) system.

(b) Sprayfield (Land Disposal) System Operation. Pretreated egg wash wastewaters disposed of by sprayfield or land disposal systems shall meet the following design and operation requirements:

1. Nutrient and hydraulic loading rates and resting cycles shall be comparable with the rates described in Rule 62-610.423, F.A.C., and those expressed in the U.S. Environmental Protection Agency process design manual, “Land Treatment of Municipal Wastewater” (EPA 625/1-81-013), Chapter 4 – Slow Rate Process Design, adopted herein by reference.

2. Hydraulic loading, application rates and application methods shall be such that odors will not be generated beyond the property boundary of the facility and ponding or soil binding will not occur under normal operating conditions.

3. Long-term sprayfield (land disposal) operation shall provide for crop harvesting as needed to maintain nutrient removal and to maximize performance. Routine maintenance of sprayheads, risers, or other distribution equipment shall be performed as needed to assure optimal operation.

4. Storage of pretreated wastes shall not be required if the sprayfield (land application system) has adequate hydraulic capacity to accept waste during wet-weather periods. The permittee must provide reasonable assurance runoff will not occur during wet-weather periods. Failure to provide reasonable assurance will result in a requirement for adequate storage.

5. Spray irrigation shall be prohibited where the seasonal high ground water level is 18 inches or less.

6. Setback Distances.

a. The following setback distances shall be maintained between land application areas, and

Drinking Water Supply Wells:

200 feet

Natural Watercourses:

50 feet

Drainage Ditches:

50 feet

b. Distances other than those listed above may be specified in the permit if the Department determines that because of the type of soils and hydrogeology of the sites involved, a larger distance is necessary to protect the designated uses of the waters, or that allowance of a smaller distance will not impair the designated uses of the waters.

(4) Disposal of Egg Wash Wastewater Combined with Manure.

(a) Liquid Manure Systems.

1. Egg wash wastewater combined with chicken manure in a liquid manure system shall be routed to regularly maintained settling basins prior to disposal via ponds or lagoons. The ponds and lagoons shall contain process water and runoff from a 25-year, 24-hour storm event.

2. The pretreatment steps specified in paragraph 62-670.600(3)(a), F.A.C., are not required for egg wash wastewaters disposed of in ponds or lagoons which are also used for liquid manure treatment.

3. Ponds lined sufficiently to prevent ground water pollution shall be used for on-site treatment or storage when an aquifer classified as G-I or G-II as defined in Rule 62-3.403, F.A.C., may be subject to contamination.

(b) Dry Manure Systems.

1. Egg wash wastewaters combined with dry manure are subject to the requirements of an approved Soil and Water Conservation District Board (SWCDB) Plan. This plan must include management requirements for disposal of the dry manure and provisions to control the runoff from any manure disposal areas.

2. Those facilities not having an approved SWCDB plan must have a permit pursuant to this rule.

(5) Ground Water Monitoring Requirements for Egg Production Facilities. All major egg production facilities are required to perform ground water monitoring and submit ground water monitoring plans pursuant to Rule 62-528.700, F.A.C. This rule establishes the minimum information to be provided in such plans. Requirements of this rule shall supersede any conflicting requirements contained in Rule 62-528.700, F.A.C. Ground water monitor wells shall be installed and monitored as specified below. The location of monitor wells shall be specified in Department permits. The minimum number of monitor wells and frequency of sampling may be increased or decreased based on site specific hydrogeologic factors and the potential for ground water contamination.

(a) Egg Wash Water Spray Sites.

Monitor Wells Required:

Parameters:

Sampling Frequency:

One up gradient

Total Nitrogen

Quarterly

One down gradient

Nitrates

Fecal Coliform

Specific Conductance

pH

Depth to Ground Water

Ground Water

Elevation

(b) Unlined Lagoon Systems.*

Monitor Wells Required:

Parameters:

Sampling Frequency:

One up gradient

Total Nitrogen

Quarterly

Three down gradient

Nitrates

Fecal Coliform

Specific Conductance

pH

Depth to Ground Water

Ground Water

Elevation

• In addition an inventory of all supply wells located within a 1/2 mile radius of the site must be provided.

(c) Lined Lagoon Systems.

Monitor Wells Required:

Parameters:

Sampling Frequency:

One down gradient

Total Nitrogen

Quarterly

Nitrates

Fecal Coliform

Specific Conductance

pH

Depth to Ground Water

Ground Water

Elevation

(d) Unlined Hen Houses.

Monitor Wells Required:

Parameters:

Sampling Frequency:

One down gradient

Total Nitrogen

Quarterly

Nitrates

Fecal Coliform

Specific Conductance

pH

Depth to Ground Water

Ground Water

Elevation

History

• Rulemaking Authority 403.051, 403.061, 403.087, 403.804 FS. Law Implemented 403.021, 403.051, 403.062, 403.087, 403.088 FS. History–New 4-2-90, Formerly 17-670.600, Amended 12-26-96.

Chapter 62-671 PHOSPHATE MINING WASTE TREATMENT REQUIREMENTS

Fla. Admin. Code R. 62-671.200 Definitions

The definitions set forth in Title 40, United States Code of Federal Regulations, Part 401 and Section 436.181, F.S., are adopted by reference, except where in conflict with the definitions in this rule. In addition, the definitions in Section 403.031, F.S., and the following definitions shall apply to this rule:

(1) “Mine” is any area of land, surface or underground, used for or resulting from the extraction of phosphate content from phosphate bearing materials.

(2) A “New Pollution Source” means any mine and beneficiation process for which the construction or operation of the industrial wastewater treatment facilities was not permitted before July 20, 1981. Any mine or beneficiation process for which a complete application to construct the industrial waste treatment facilities was filed with the Department on or before December 31, 1981, shall be deemed as existing. New pollution sources do not include expansions or modifications of existing sources.

(3) “Non-filterable, Non-volatile Residue (Fixed Solids)” means those solids which represent the difference between the total non-filterable residue and the total volatile residue determined in accordance with the test methods specified at page 95 of the 14th edition of Standard Methods for the Examination of Water and Wastewater.

(4) “Normal Working Level” of an impoundment means that level resulting from the normal height or number of damming boards maintained at the outfall(s) under normal operating conditions.

(5) “Points of Discharge” means any outfall structure or location where the effluent from the mining or beneficiation process leaves the treatment system and enters waters of the State. The point of discharge shall be specified in Department permits for all discharges from a mining or beneficiation process.

(6) “Sample” means a representative sample of the discharge.

(7) “Total Non-filterable Residue (Total Suspended Solids)” means those solids which are retained by an approved filter and dried to a constant weight at 103º to 105º C as described at page 94 of the 14th edition of Standard Methods for the Examination of Water and Wastewater.

(8) “Total Phosphorus” means the total phosphorus in an unfiltered sample measured in milligrams per liter using the manual or automated ascorbic acid method following persulfate digestion as referenced at pages 476, 481, and 624 of the 14th edition of Standard Methods for the Examination of Water and Wastewater or measured in accordance with a comparable analytical method approved by the United States EPA or the Department.

(9) The “1-Day Maximum” means the highest values obtained by the methods specified in this rule of total non-volatile, non-filterable residue (fixed solids) and total non-filterable residue (suspended solids) or total phosphorus (P) of any sample collected as defined in (6) during a 24-hour period.

(10) The “30-Day Average” means the flow-weighted arithmetic mean of all the measured pollutant values obtained during any calendar month and analyzed in accordance with this rule. However, if during any calendar month there are three or less measured pollutant values, then the average shall be computed using the most recent four values.

History

• Rulemaking Authority 403.061, 403.088 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.111, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702 FS. History–New 11-27-89, Formerly 17-671.200.

Fla. Admin. Code R. 62-671.300 Effluent Limitations

The effluent guidelines and standards for mineral mining and processing in subparagraph 62-660.400(1)(e)31., F.A.C., apply herein, except where the provisions of this rule are more specific.

(1) The following effluent limitations apply to effluent discharges by a pollution source after application of the best practicable control technology currently available (BPT) and the best available technology economically achievable (BAT) or which may be discharged by a new pollution source, unless a more stringent standard is specified in accordance with Rule 62-671.310, F.A.C., measured at the point(s) of discharge as specified in a Department permit:

1 Day Max.

30 Day Avg.

Total

25

12

non-volatile, non-filterable residue (mg/l)

Total

60

30

non-filterable residue (mg/l)

Total P* mg/l

5

3

pH

6.0-9.0

6.0-9.0

*Total Phosphorus shall be for monitoring and reporting only, except: if monitoring data shows total phosphorus levels exceed 3 mg/l monthly average for more than one 30-day period per calendar year, the discharges, upon written notification by the Department, shall prepare and file within 120 days (unless the time is extended by the Department) a study consisting of the following: (a) a chronology of at least one year’s discharge data; (b) an assessment of the cause and origin of the phosphorus constituent of the discharge; (c) description of the discharger’s current maintenance, operation and management practices directly related to the control of phosphorus; (d) an evaluation of the environmental significance of the phosphorus levels; and (e) an identity of reasonable methods to abate, to the extent practicable, the influx of phosphorus into the discharge.

Upon receipt of the report the Department shall require the applicant to publish a public notice in a newspaper of general circulation in the affected area which states that the report was received and where it is available for public inspection. The Department shall evaluate the report and may amend the discharger’s permit to reflect additional requirements (subject to administrative and judicial review), including the implementation of cost-effective management practices or technological advances which reduce or eliminate the phosphorus in the discharge to the maximum extent practicable.

(2) To correct for losses during the testing and analysis, the analytic results from the above specified tests for non-filterable, non-volatile residue (fixed solids) shall be multiplied by a factor of 1.1 to be reported as total non-volatile, non-filterable residue.

(3) Monitoring requirements for effluent limitations shall be, as a minimum, the collection and analysis of one sample per week for each point of discharge when there is a discharge. When there is no discharge, the sample shall be taken the day of the next discharge.

(4) Any overflow caused by precipitation exceeding a 10-year 24-hour precipitation event from facilities designed, constructed, and operated to contain or treat to the applicable limitations the precipitation and runoff resulting from a 10-year 24-hour precipitation event shall not be subject to the effluent limitations of this section. No such overflow shall lower the level of any impoundment below the normal working level of that impoundment or any other impoundment, or below those levels that existed immediately prior to the 10-year 24-hour precipitation event. Provided, however, no source shall be relieved from compliance with Chapter 62-9, F.A.C.

History

• Rulemaking Authority 403.061, 403.088 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.111, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702 FS. History–New 11-27-89, Formerly 17-671.300, Amended 12-24-96.

Fla. Admin. Code R. 62-671.310 New Source Requirements

New pollution sources shall comply with the effluent limitations determined by the Department in accordance with this rule.

(1) The applicant shall provide the Department with the following information in addition to the information required by Chapters 17-3, 62-4, 62-660 and 62-671, F.A.C.:

(a) A review of the treatment technologies being applied by similar domestic mining industries, listing the effluent concentration of pollutants, as well as a review of current literature relating to the subject of treating wastes from similar domestic mining industries.

(b) A determination of the lowest effluent limitations achievable for the facility by the application of the latest economically feasible technology.

(c) The basis for determining the effluent limitations specified in paragraph (b) above, and the basis for the determination of the economic feasibility of the technology.

(2) The Department shall make the determination of the lowest effluent limitation levels achievable for the facility by the application of the latest economically feasible technology. The limitations determined by the Department shall be for the parameters listed in Rule 62-671.300, F.A.C., and any other pollutant reasonably expected to be in the discharge and shall not be less stringent than the concentrations contained in Rule 62-671.300, F.A.C., except as provided in subsection 62-671.310(4), F.A.C. In making the determination, the Department shall give consideration to:

(a) All material submitted by the applicant.

(b) All scientific, engineering, and technical material, and other material available to the Department, including the effluent pollutant levels achieved by similar domestic mining industry or analogous treatment technologies.

(c) The social, environmental, and economic impact of the application and implementation of the achievement of the concentrations and discharge levels specified. The consequences of water conservation practices shall be considered.

(3) The effluent limitations determined in accordance with this paragraph shall be specified in terms of 1-day maximum and 30-day average in the Department permit for the facility and shall be the effluent standards for the facility except as provided in subsection 62-671.310(4), F.A.C.

(4) If, pursuant to this Rule, the Department imposes more stringent effluent limitations than those in Rule 62-671.300, F.A.C., after determining that such more stringent effluent limitations can be attained by the application of innovative technology that has not been demonstrated on an operational plant-scale basis at a phosphate mine, the actual measured concentration of pollutant levels in discharged waste waters shall constitute compliance with the provisions of this chapter and with the effluent limitations contained in the Department permit for the source; provided that the permittee installs, operates, and maintains the required innovative technology in accordance with good engineering practices, public health and safety are not jeopardized, and the beneficial uses of the receiving waters are not substantially impaired.

(5) Within 15 days after receipt of the application for a construction permit for a facility which requires a determination in accordance with this paragraph, the Department, at the expense of the applicant, shall give notice of the application in the Florida Administrative Register and in a newspaper of general circulation in the affected area concerning the determination required by this paragraph. The notice shall contain, as a minimum, the following information: the name of the applicant, the location of the proposed facility, the proposed receiving water, that an application has been received, the date received, the place where the application can be reviewed, and of the determination required by this paragraph.

History

• Rulemaking Authority 403.061, 403.088 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.111, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702 FS. History–New 11-27-89, Formerly 17-671.310.

Chapter 62-672 MINIMUM REQUIREMENTS FOR EARTHEN DAMS USED IN PHOSPHATE MINING AND BENEFICIATION OPERATIONS AND FOR DIKES USED IN PHOSPHOGYPSUM STACK SYSTEM IMPOUNDMENTS

Fla. Admin. Code R. 62-672.100 General

History

• Rulemaking Authority 403.061(22), 403.4155 FS. Law Implemented 403.061(22), 403.4155 FS. History–Revised 12-8-72, Formerly 17-9.01, 17-9.001, 17-672.100, Amended 6-28-99, Repealed 2-16-12.

Fla. Admin. Code R. 62-672.200 Definitions

(1) 100-Year Rainfall Event – A rainfall event which is characterized by a mean return period of one hundred years, i.e., a rainfall event which has a 99% probability for not being exceeded during any given year.

(2) 100-Year Annual Rainfall – The 100-Year rainfall event representing total annual rainfall of 76 inches.

(3) Abandoned dam – An abandoned dam is one associated with a settling area from which sufficient water has been removed to make the residue no longer a pollutional threat to surface waters or a hazard of any type to land areas.

(4) Above-Grade Perimeter Earthen Dike – A perimeter earthen dike that has its design freeboard above the adjacent ground surface.

(5) Active dam – An active dam is one associated with a settling area into which wastewater is being introduced for purposes of clarification or in which free water remains in contact with the dam.

(6) Auxiliary holding pond (AHP) – a lined storage pond, designated by the operator and approved by the department in accordance with Rule 62-673.320, F.A.C., typically used to hold untreated process water. AHPs are intended to increase system storage above that otherwise provided by cooling/surge ponds and are typically located within the footprint of a phosphogypsum stack system. An existing AHP may be unlined where it was authorized by a permit issued in accordance with Rule 62-673.320, F.A.C., to be in use as of July 19, 2006, or was otherwise subject to a demonstration provided in accordance with subsection 62-673.650(2), F.A.C.

(7) Backup power – A secondary source of power not likely to fail simultaneously with the primary source.

(8) Beach or Delta – A gently sloping area of gypsum deposited within the settling compartment, above the process water level.

(9) Beneficiation – The processing of phosphate ore to separate the phosphate rock from the associated sand and clays.

(10) Berm – A shelf that breaks the continuity of the slope of an embankment in order to arrest the velocity of storm water flowing down the face and/or to enhance the stability of the embankment.

(11) Cast dam – A cast dam is one constructed of fill which was put in place by a dragline or other machine capable of free dumping, and is not mechanically compacted in progressive layers.

(12) Cooling/surge pond – impounded areas within the phosphogypsum stack system, excluding settling compartments atop the phosphogypsum stack, that provide cooling capacity, surge capacity, or any combination thereof, for the phosphoric acid process water recirculation system including phosphogypsum stack transport, runoff, and leachate water from the process watershed.

(13) Core – A zone of relatively impervious material within the dam to resist the flow of water through the dam.

(14) Cut-off-trench – An excavation into the foundation material to accept an extension of the core.

(15) Department – The Florida Department of Environmental Protection.

(16) Dike – A barrier to the flow of phosphogypsum and process water which is constructed of naturally occurring soil (earthen dike) or of phosphogypsum and which is a component of a phosphogypsum stack system.

(17) Drain – A material more pervious than the surrounding fill which allows seepage water to drain freely while preventing piping or internal erosion of the fill material.

(a) Blanket drain is a continuous horizontal drain layer within or beneath the downstream portion of the dam.

(b) Chimney drain is a continuous sloping drain layer within the downstream portion of the dam.

(c) Toe drain is a wedge-shaped drain supporting the downstream toe of the dam.

(18) Earthen dam or dam – A barrier to the flow of liquids which is constructed of naturally occurring soil and which is a component of a clay settling area.

(19) Earthen dike – A barrier to the flow of phosphogypsum and process water which is constructed of naturally occurring soil and which is a component of a phosphogypsum stack system.

(20) Emergency diversion impoundment (EDI) – a storage area designated in the facility’s site-specific water management plan to be used only when necessary to avoid an unpermitted surface water discharge resulting from dike overtopping or failure in accordance with subsection 62-672.870(3), F.A.C. An EDI is typically located outside the footprint of a phosphogypsum stack system.

(21) Engineer – An engineer registered in the State of Florida in accordance with Chapter 471, F.S., and with experience in the design, construction, and operation of systems covered by this rule.

(22) Event Storage – The amount of rainfall occurring in a 24 hour period that can be stored within a phosphogypsum stack system, at or below maximum design levels, during the same 24 hour period through any combination of gravity flow or use of the emergency measures identified in the operation plan for the phosphogypsum stack system pursuant to subsection 62-672.780(7), F.A.C., but specifically excluding use of temporary measures identified in Rule 62-672.870, F.A.C.

(23) Filter – A zone of material sufficiently more pervious than the dam or foundation so that free water will drain through the filter, but at the same time sufficiently fine grained to prevent piping of the fill material.

(24) Freeboard – The height of the lowest point on the dam or dike crest, excluding the emergency spillway, above the highest adjacent liquid surface within the impoundment.

(25) Gypsum dike – The outermost dike constructed within the perimeter formed by a starter dike for the purpose of raising a phosphogypsum stack and impounding phosphogypsum and/or process water. This term specifically excludes any dike inboard of a rim ditch, any partitions separating stack compartments, or any temporary windrows placed on the gypsum dike.

(26) Inside (upstream) slope – The face of the dam or dike which will be in contact with the impounded liquids.

(27) Log – A written record maintained by the owner of an earthen dam or a phosphogypsum stack system that contains a schedule of inspections of system components, the findings of such inspections, and any remedial measures taken in response to such findings.

(28) Maximum Design Level – the maximum process water elevation when the water level is at the operating design freeboard for an impoundment as determined using generally accepted good engineering practices, or the minimum freeboard allowed by paragraph 62-672.600(1)(c), F.A.C., for perimeter earthen dikes. For the purposes of this chapter, generally accepted good engineering practices for determining the permitted operating design freeboard includes, at a minimum, evaluation of wind surge, wave height, and wave run-up analyses, erosion protection measures, and protection of dike integrity and inner rim-ditch geometry.

(29) Maximum Potential Storage – the maximum amount of rainfall that can be contained within a phosphogypsum stack system, including AHPs and the top areas of phosphogypsum stacks, and temporary use of design freeboards in accordance with the provisions of subsection 62-672.870(1), F.A.C.

(30) New perimeter earthen dike – A perimeter earthen dike which is the subject of a complete application for a department permit to construct or laterally expand a phosphogypsum stack system submitted to the department after June 28, 1999.

(31) Non-clay phosphate mining impoundments – Above-grade, non-clay phosphate mining/reclamation berms and impoundments such as:

(a) Units under reclamation receiving hydraulic fill;

(b) UInits constructed for impounding stormwater runoff;

(c) Structures located in mine cuts that could impound water above grade, and where a failure of such structure could result in a release of waters to waters of the state; and,

(d) Perimeter ditch and berm systems that impound water above grade.

(32) Operation plan – The operation plan required by subsection 62-673.340(3), F.A.C.

(33) Outside (downstream) slope – The face of the dam or dike which will not be in contact with the impounded liquids.

(34) Perimeter earthen dike – The outermost earthen dike surrounding a phosphogypsum stack system that has not been closed or any other earthen dike the failure of which could cause a release of process water outside the phosphogypsum stack system.

(35) Phosphogypsum or gypsum – The definition of “phosphogypsum” set forth in subsection 62-673.200(13), F.A.C., is adopted and incorporated by reference.

(36) Phosphogypsum stack or stack – The definition of “phosphogypsum stack” set forth in subsection 62-673.200(14), F.A.C., is adopted and incorporated by reference.

(37) Phosphogypsum stack system – The definition of “phosphogypsum stack system” set forth in subsection 62-673.200(15), F.A.C., is adopted and incorporated by reference.

(38) Phreatic Surface – The upper surface of the water table within the mass of the dam or dike. It would be the elevation of the water surface if an open hole were dug into the dam.

(39) Piping – Progressive erosion of soil or solid material within the dam or dike, starting downstream and working upstream, creating a tunnel into the dam or dike. Piping occurs when the velocity of the flow of seepage water is sufficient for the water to transport material from the embankment.

(40) Process Water – The definition of “process wastewater” set forth in subsection 62-673.200(16), F.A.C., is adopted and incorporated by reference.

(41) Process Watershed – the aggregate of all areas that contribute to or generate additional process water from direct precipitation, rainfall runoff, or leachate to a phosphogypsum stack, process water cooling/surge ponds, or any other storage, collection, or conveyance system associated with the transport of phosphogypsum or process water for a particular phosphogypsum stack system.

(42) Qualified Company Employee – An employee trained pursuant to Rule 62-672.800, F.A.C., specifically in the area of their job duties.

(43) Regional Holding Pond (RHP) – a lined storage pond typically used to hold untreated process water which is constructed for the purpose of temporarily storing process water from more than one facility and which is approved by the department in accordance with Rule 62-673.320, F.A.C.

(44) Retired dam – A retired dam is one associated with a settling area into which no additional wastewater is currently being introduced but which could be reactivated.

(45) Rolled dam – A rolled dam is one constructed of fill which is placed in layers which are mechanically compacted individually prior to placement of the next higher layer.

(46) Safety factor – A numerical value which represents the ration of the ultimate strength of a material or structure to the stress which will be applied to that material or structure.

(47) Settling area – A phosphate mining clay settling area surrounded by dams, embankments, or natural soil masses in which liquids are introduced for the purpose of separating suspended solid matter from water used for transportation of such matter.

(48) Starter Dike – The initial dike constructed at the base of a phosphogypsum stack to begin the process of storing phosphogypsum.

(49) System storage – the amount of rainfall that can be contained within a phosphogypsum stack system at or below maximum design levels, including AHPs and the top areas of phosphogypsum stacks.

(50) Tailwater level – The elevation of the water at the downstream toe of the dam or dike.

(51) Third-party engineer – An engineer who is not an employee of any entity that owns or operates a phosphate mine or phosphate fertilizer manufacturing facility.

(52) Toe – The toe of the dam or dike is the junction between the face of the dam or dike and the adjacent terrain.

(53) Wave height – the average height of the waves that may be determined for design purposes as a function of sustained wind speed, effective fetch length, and wind duration. Sustained wind speed shall be determined based on either an estimated 100-year return frequency wind speed adjusted to a sustained wind speed for a 10-minute duration, or a 110 miles per hour (mph) fastest-mile wind speed for locations within 25 miles of the seacoast and a 95 mph fastest-mile wind speed at other inland locations where the fastest-mile wind speeds are adjusted to a sustained wind speed for a 10-minute duration.

(54) Wave run-up – the difference in vertical height between the maximum elevation attained by wave run up or uprush on a slope and the still water elevation at the inboard toe of the slope.

(55) Wind surge or setup – the vertical rise in base water-surface elevation, exclusive of the wave height, above the still water elevation, caused by wind-induced stresses and mounding of the water surface in the leeward direction.

History

• Rulemaking Authority 403.061(22), 403.4155 FS. Law Implemented 403.061(22), 403.4155 FS. History–Revised 12-8-72, Formerly 17-9.02, 17-9.020, 17-672.200, Amended 6-28-99, 7-19-06.

Fla. Admin. Code R. 62-672.300 Construction of New Dams

(1) Design.

(a) Site investigation – The general area desired for use as a settling area shall be carefully inspected by the design engineer prior to selection of the exact location for a dam. Areas of uneven natural subsidence, sink-hole, pockets of organic matter, or other unstable soils shall be avoided, unless special provisions are made for their correction.

(b) Soil testing – A program of soil sampling and testing adequate to determine the characteristics of the foundation material which will support the proposed dam and of the material to be used for construction of the dam shall be performed. Sampling shall include borings or in-place samples from the exposed excavation face. All borings shall be logged using a recognized engineering soil classification system, (such as Unified System) with location and depths of all samples recorded on the log. Tests such as the determination of in-place densities, shear-strength; and permeabilities of the foundation and embankment soils shall be performed. Tests on foundation soils shall be performed on either undisturbed samples or on the in-place soil. Tests on embankment soils shall be performed on samples remolded to the densities to be used in construction.

(c) Cross Section design – There shall be a minimum freeboard of five feet (5') below the inside crest. The outside crest of the top of the dam shall be higher than the inside crest in order to force all crest drainage to the inside of the dam. Both inside and outside slopes shall be no steeper than two horizontal to one vertical. The design shall provide positive seepage control features, such as:

1. Cut-off trench in natural soil foundations.

2. Clay core.

3. Blanket drain.

4. Chimney drain and toe drain.

The top of the dam shall include a roadway which will permit wheeled vehicle traffic at all times. The design shall also incorporate an all-weather roadway near the downstream toe which will permit wheeled vehicle traffic around the perimeter of the dam for purposes of inspection of the slope, toe and natural ground beyond the toe, as well as maintenance.

(d) Stability analysis – A flow net analysis shall be made to determine the location of the phreatic surface, flow lines, and lines of equal head within the foundation and fill being designed. This analysis may be based on graphical construction, electrical or liquid analogs, soil prototype methods, or other accepted methods. The flow net and stability analysis shall use the maximum pool elevation with not less than five feet (5') of clear water, this elevation being five feet (5') below the inside crest of the dam. Possible fluctuations of the tail water level shall be included in the analyses.

(e) Design safety factors – The designing engineer shall use the following minimum safety factors: 1.75 for horizontal shear at base of fill; 1.5 for horizontal shear within the fill due to seepage through the outer face; 1.5 for bearing capacity of foundation soils; 1.5 for protection against shear failure of any circular arc in either inside or outside slope. It is imperative that water pressure distribution be included in the analyses.

(f) If a cast dam is to be constructed where adequate site preparation, as defined in subsection 62-672.300(2), F.A.C., below, has not been accomplished; or where the fill materials do not meet the requirements of subsection 62-672.300(3), F.A.C., below; then the design shall incorporate either of the following alternatives:

1. A portion of the material which forms the downstream slope shall be removed and the foundation thus exposed shall be prepared in the same manner as is prescribed herein for a rolled dam. Fill material shall then be placed as a rolled embankment which shall be of such design that the safety factor with respect to downstream movement of the rolled section shall be no less than 1.2 when assuming that the remaining cast material below the phreatic surface has become liquid.

2. Sand tailings shall be placed against the downstream slope to the extent that the wedge so formed shall have a safety factor with respect to downstream movement of no less than 1.2 when assuming that the cast material below the phreatic surface has become liquid.

(g) When the foundation for a cast dam meets the requirements of subsection 62-672.300(2), F.A.C., and the materials used for the fill meet the requirements of subsection 62-672.300(3), F.A.C., then the dam shall be designed in accordance with paragraphs 62-672.300(1)(a), (b), (c), (d) and (e), F.A.C.; except that the computations of all required safety factors shall be based on only seventy-five percent (75%) of the indicated strengths of the cast materials which are tested at the same density as will exist within the dam.

(2) Site Preparation – Ground which will become the foundation of earthen dams shall be stripped of all vegetation and organic detritus or residue, including muck, mud, slimes, or other material which would flow or undergo excessive consolidation under heavy loading. All earth foundation surfaces on which fill is to be placed shall be scarified or moistened and compacted prior to spreading of first course of fill material, and the dam base shall be well drained during construction, except when placing hydraulic fill.

(3) Material to be Used – Material used for earthen dams shall be free of stumps, vegetation, trees, palmettos, muck, and other extraneous matter which could affect the compactability, density, permeability, or shear strength of the finished dam. Tailings may be used for dam fill when such a completed dam will meet the seepage and structural requirements in subsection 62-672.300(1), F.A.C.

(4) Water level control – Sufficient water level control structures shall be installed in the impoundment area behind an earthen dam to maintain the minimum 5' freeboard and to accommodate the release of storm water resulting from heavy rainfall. Such structures shall be adequate to accommodate twelve (12) inches of rainfall on the watershed involved during any period of twenty-four (24) hours. All settling areas covering an area greater than fifty (50) acres shall have no fewer than two (2) water level control structures.

(5) Methods of Construction.

(a) Each new dam shall be constructed to meet or exceed the minimum safety requirements of the specifications and design for that dam. Draglines, drag scrapers, tractor or other appropriate earth moving equipment shall be used to place materials in dam construction. Materials used in rolled dams shall be blended prior to compaction. The soil shall be compacted and density tests shall be performed to ensure that the designed densities are obtained. During dam construction, quality control/quality assurance inspections shall be conducted by the engineer of record or a personal representative under his or her direct supervision. A third-party engineer or his or her representative shall be on site at all times during dam construction and during installation of all spillways. The department shall be advised 48 hours prior to construction or shaping of a new dam so that a department representative can inspect the site.

(b) Tailings may be deposited hydraulically on the upstream slopes of existing dams provided that the elevation of the discharge water is never higher than five feet below the adjacent crest of the dam. If water is impounded above natural ground level, tailings may be deposited on the downstream portion of a dam by either of the following procedures:

1. If the tailings are dewatered to not less than 50% solids by weight at the discharge point, the tailings may be deposited continuously.

2. If the discharge point is at or beyond the point at which the toe meets the foundation, or the discharge point is at least seventy-five (75) feet from the point at which water meets the dam, the tailings may be deposited continuously by hydraulic methods.

(c) Areas around any water level control structure pipe, any other conduit, or any surface of discontinuity between materials within the mass of the dam shall be carefully installed to avoid potential concentration of seepages. The design of spillway structures associated with earthen dams shall ensure that soils under and around a culvert are uniformly compacted and are in continuous contact with the external culvert surface. All conduits through dams shall have two or more seepage collars spaced in accordance with good engineering practices pertinent to the material used for the fill. Two collars will be installed within the core when there is a core within a dam. A third-party engineer shall evaluate the potential for piping around culverts and the engineering design shall reduce or eliminate such potential based upon site specific conditions. All pipes and joints in pipes extending through a dam shall be made leakproof and shall be constructed of materials suitable for the fluids carried and the load imposed. The elevation difference of any spillway pipe from its inlet to the outlet at the discharge ditch shall not cause supercritical flow conditions within the culvert. In order to avoid leaks associated with differential settlement, conduits through dams shall not be rigidly supported by piles or piers. Backfill around conduits shall be of a density that is equal to or greater than those of the surrounding embankment. Particular attention shall be devoted to the lower third of the conduit. The engineering design for the construction of a culvert shall require the use of a lean concrete cradle and gravel drain system or a design resulting in an equivalent level of protection.

(6) Documentation.

(a) After completion of construction and before the above-grade deposition of industrial waste behind the dam, the permittee shall contact the department to arrange for a department representative to inspect the facility in the company of the permittee. The owner of an earthen dam shall maintain in a permanent file the following construction records pertaining to said dam. The owner shall furnish a copy of the file and certification of completion of construction within 30 days after completion of the dam to the department.

1. Aerial photo of construction site after mining in the immediate area has been terminated and before shaping of the final dam.

2. Design drawings and calculations.

3. Design specifications.

4. Results of all soil tests on foundations and fill materials.

5. Logs of borings and engineering geology reports.

6. Certified copies of construction progress inspections pertinent to core trench, toe drain, internal drains, and other significant phases of the structure. Photographs of various structural items may be included in the file.

7. Aerial photo of completed dam taken within 30 days after construction is completed, weather permitting.

8. Description of and justification for all deviations or variances from the design plans or specifications.

History

• Rulemaking Authority 403.061(22) FS. Law Implemented 403.061(22) FS. History–Revised 12-8-72, Formerly 17-9.03, 17-9.030, 17-672.300, Amended 6-28-99.

Fla. Admin. Code R. 62-672.400 Operational Requirements

(1) Active dams – The water level in a settling area shall not be raised or lowered more than one (1') foot during any twenty-four (24) hour period, except under emergency conditions. The water level shall not be lowered more than five (5') feet per month. Each active settling area shall be inspected as prescribed in subsection 62-672.500(2), F.A.C. Instrumentation for monitoring of seepage pore pressures within dams shall be installed and operated unless the department has been provided reasonable assurance during the permitting process that such monitoring is unnecessary to ensure dam integrity. New or yet unused spillways shall be placed into operation during the daylight and morning hours when their performance can be effectively monitored by the dam inspectors and waste system operators. Vegetative cover adequate to inhibit wind and water erosion shall be established and maintained on all exposed surfaces of the dam. Such vegetation shall be maintained sufficiently low to permit visual inspection of the soil surfaces in critical areas outlined in Rule 62-672.500, F.A.C.

(2) Retired dams – The department shall be notified prior to the retirement of a dam. The vegetative cover on retired dams shall be maintained sufficiently low to permit visual inspection of the soil surfaces in critical areas outlined in Rule 62-672.500, F.A.C. In addition, the water level control structures in retired dams shall be adjusted to suit the circumstances of storm drainage requirements as the solids concentrations of the impounded liquids becomes progressively higher. Pools of trapped stormwater and/or clarified wastewater shall be drained away from the upstream face of the dam to the greatest extent possible. A dam shall not be considered as retired so long as pools of free water remain in contact with the dam.

History

• Rulemaking Authority 403.061(22) FS. Law Implemented 403.061(22) FS. History–Revised 12-8-72, Formerly 17-9.04, 17-9.040, 17-672.400, Amended 6-28-99.

Fla. Admin. Code R. 62-672.500 Inspections

Personnel or agents of the department may accompany inspectors on any inspection required by this rule, or inspect settling areas at any other time which is reasonable under the circumstances involved. They may also examine any inspection reports and be furnished copies thereof upon request.

(1) A completed new dam shall be thoroughly inspected prior to the deposition of industrial wastes above ground level behind it. Toe drains, spillways and water level control structures shall be certified by the design engineer as meeting all specifications of the design, and degree of compaction of the fill shall also be certified. Legible photographs, either aerial or ground, may be used to document this initial inspection, but shall not in themselves constitute certification. A complete file describing the items inspected and their condition shall be maintained by the owner, and a copy shall be furnished to the department prior to the above-grade deposition of industrial wastes behind the dam.

(2) Active dams shall be inspected weekly unless a defect has been disclosed, in which event the defective area of the dam shall be inspected daily until corrective maintenance has cured such defect. Inspections shall be made by employees of the owner of the dam who have been trained in accordance with subsection 62-672.500(9), F.A.C. The findings on each inspection shall be recorded, signed by the inspector, and filed after any necessary corrective action is initiated by supervisory personnel. The inspector shall travel on foot, horseback, or wheeled vehicle suitable for traversing the terrain involved at slow speeds. Dams shall be inspected from the crest and from the toe through the use of all-weather toe roads or other means of direct inspection from the toe of the dam. Items to be noted on weekly (or daily) inspections shall include:

(a) Condition of vegetation on dam and in area for fifty feet (50') downstream from the outside toe.

(b) Piezometric levels within the mass of the dam when instrumentation has been installed.

(c) Condition of soil surfaces on top and slopes of the dam and in area for fifty feet (50') downstream from the outside toe.

(d) Condition of drainage ditches in the area of the base of the dam.

(e) Liquid surface elevation and amount of freeboard. (This is to be recorded daily when limitations could be violated during a week of operations.)

(f) Condition of spillways and water level control structures, including all conduits exiting the dams.

(3) Retired dams shall be inspected monthly by a competent employee of the owner of the dam who has been instructed and tested by a qualified engineer regarding items to be checked. The findings on each inspection shall be recorded, signed by the Inspector, and filed after any necessary corrective action is initiated by supervisory personnel. Such inspection shall include:

(a) Condition of soil surfaces on the crest, slopes, and area fifty feet (50') downstream from the dam.

(b) Determination of piezometric levels within the mass of the dam while instrumentation of the dam has been determined to be necessary by an engineer.

(c) Determination of seepage characteristic through analyses of infra-red aerial photographs or thermal imagery when surveillance by such means has been proposed by the owner of the dam and approved by the department.

(d) Condition of Spillway and water level control structures, including all conduits exiting the dam, and any wooden structures which are subject to rotting.

(4) When a critical condition as listed in subsection 62-672.500(7), F.A.C., is suspected during a weekly or monthly inspection, the inspector shall ensure that a technical representative of the dam owner is made aware of the condition immediately. If the existence of the critical condition is confirmed, the department shall be notified immediately A written report of the condition and the actions proposed for its correction shall be made to the department within seven (7) days from the time existence of the critical condition is confirmed.

(5) Each active and each retired dam shall be inspected annually by a third-party engineer who is experienced in the field of construction and maintenance of dams. Costs for such inspections shall be borne by owners of the dams. One copy of the report pertaining to such annual inspections shall be furnished to the department, and the original of the report shall be retained by the owner. These inspections shall include:

(a) Analyses of seepage or other significant items shown on all aerial photographs of the dam which have been taken for any reason since the date of last annual inspection.

(b) Condition of soil surfaces on top and slopes of the dam and in areas for fifty feet (50') downstream from the outside toe.

(c) Review of all weekly, daily and monthly inspection reports to elevate the effectiveness of maintenance which was done to the dam during the period since the last annual inspection.

(d) Examination and interpretation of data obtained from any instrumentation installed in the mass of the dam.

(e) Condition of spillway and water level control structures, including all conduits exiting the dam and any wooden structures which are subject to rotting.

The annual inspection report shall include recommendations and corrective measures taken. If corrective measures are not completed by the time of annual submittal, then follow up inspections shall be conducted by the third-party engineer with quarterly project reports submitted until completion of all corrective measures.

(6) A retired dam which is to be abandoned shall be inspected by an engineer registered in Florida who is competent to determine that no further impoundment is being accomplished by the dam involved and that no further surveillance or maintenance is required. A copy of the final inspection used by the engineer for making his determination as above shall be furnished to the department, and a copy shall be retained by the owner of the dam. The department shall be notified prior to abandonment of any dam. Costs for such terminal inspections shall be borne by the owners of the dams which are to be abandoned.

(7) Any of the following items shall be considered as indicating a critical condition which requires immediate investigation and may require emergency maintenance action:

(a) Seepage on outer face or downstream from the toe in which there are boils, sand cones or deltas.

(b) Silt accumulations, boils, deltas, or cones in the drainage ditches at dam bases.

(c) Cracking of soil surface on crest or either face of the dam.

(d) Bulging of the downstream face of the dam.

(e) Seepage, damp area, or boils in vicinity of or erosion around a conduit through the dam.

(f) Any subsidence of the crest or faces.

(8) The following items shall be considered as indicating potential trouble areas which should be closely checked on subsequent inspections and repaired as necessary:

(a) Overgrowth patches of vegetation on downstream face or close area downstream from the toe.

(b) Surface erosion, gullying, or wave erosion of the upstream face of the dam.

(c) Surface erosion, gullying or damp areas on the downstream face of the dam, including the berm and the area downstream from the outside toe.

(d) Erosion below any conduit exiting the dam.

(e) Wet areas or soggy soil in downstream face of dam or in natural soil below dam.

(9) The owner of a dam shall provide annual training to all dam inspection personnel by an engineer experienced in dam design, construction, operation and inspection, and shall provide training to all appropriate employees in the implementation of the contingency plan required by Rule 62-672.550, F.A.C. The owner shall maintain records documenting such training.

(10) In the event of a dam failure which permits deleterious substances to enter waters controlled by the State or to cause other damages, the chairman of the Environmental Regulation Commission may convene at once a special panel of experts with experience in design and construction of earthen dams from government, industry, private engineering firms and/or educational institutions to gather data and to investigate the cause of the failure and to make recommendations for corrective actions. The owner of a failed dam shall take immediate action to arrest the flow of deleterious material when such is possible, and shall have that failed area of the dam photographed at the earliest practicable time. If feasible, the owner shall construct a coffer dam upstream from the failed area to impound materials. This will preserve the area of failure for detailed investigation, and thus contribute to factual data to be used in future safety considerations.

History

• Rulemaking Authority 403.061(22) FS. Law Implemented 403.061(22) FS. History–Revised 12-8-72, Formerly 17-9.05, 17-9.050, 17-672.500, Amended 6-28-99.

Fla. Admin. Code R. 62-672.550 Contingency Plans

The owner of a dam shall prepare contingency plans to be followed in the event of a dam failure. Each plan shall include mapping showing areas subject to downstream flooding and a notification of local and state officials. The contingency plans shall be maintained on file for review by the department upon request.

History

• Rulemaking Authority 403.061(22) FS. Law Implemented 403.061(22) FS. History–New 6-28-99.

Fla. Admin. Code R. 62-672.570 Non-Clay Phosphate Mining Impoundments

Each owner of a non-clay phosphate mining impoundment shall implement best management practices for such impoundment in accordance with “BMPs for Non-Clay, Phosphate Mining and Reclamation Berms and Impoundments,” dated July 23, 1996, which is adopted and incorporated by reference. Upon request by the department, each such owner shall provide verification of implementation of the foregoing best management practices to representatives of the department’s Bureau of Mine Reclamation during quarterly inspections of affected facilities.

History

• Rulemaking Authority 403.061(22) FS. Law Implemented 403.061(22) FS. History–New 6-28-99.

Fla. Admin. Code R. 62-672.600 Construction of New Perimeter Earthen Dikes

(1) Design.

(a) Site investigation. The general area desired for construction of a perimeter earthen dike shall be carefully inspected by the design engineer prior to selection of the exact location for the dike. Areas of uneven natural subsidence, sinkholes, pockets of organic matter, or other unstable soils shall be avoided, unless special provisions are made for their mitigation.

(b) Soil testing. The requirements for soil testing set forth in paragraph 62-672.300(1)(b), F.A.C., are adopted and incorporated by reference.

(c) Cross section design. The design freeboard of an above-grade perimeter earthen dike shall not be less than five (5') feet unless a design freeboard of less than five (5') feet is justified based on results of seepage and stability analyses and wave run-up analyses. However, in no event shall the design freeboard of an above-grade perimeter earthen dike be less than three (3') feet. The crest on the top of the dike shall be graded toward the inside or the outside slope. If the dike exceeds ten (10') feet in height and crest runoff is directed toward the outside slope, runoff controls shall be used to protect the outside slope against erosion. Both inside and outside slopes shall be no steeper than two and one-half (2.5) horizontal to one (1.0) vertical. Seepage control shall be provided by means of a liner placed on the inside slope of the dike and constructed in accordance with Rule 62-673.400, F.A.C. The top of the dike shall include a roadway which will permit wheeled vehicle traffic at all times. The design of the outermost earthen dike shall also incorporate an all-weather roadway near the downstream toe which will permit wheeled vehicle traffic around the perimeter of the dike for purposes of inspection of the slope, toe and natural ground beyond the toe, as well as maintenance.

(d) Stability analysis. A seepage or flow net analysis shall be made, when applicable, for use in the stability analysis. The stability analysis shall consider the minimum fluid level as well as the fluid level at the design freeboard on the upstream slope of the dike, and possible fluctuations of the tail water level.

(e) Design safety factors. The design safety factors set forth in paragraph 62-672.300(1)(e), F.A.C., are adopted and incorporated by reference.

(2) Site preparation. The site preparation requirements of subsection 62-672.300(2), F.A.C., are adopted and incorporated by reference.

(3) Material to be used. The requirements for materials to be used are set forth in subsection 62-672.300(3), F.A.C., and are adopted and incorporated by reference.

(4) Process water control design. Conveyance ditches, pumps, pipes, and hydraulic structures located within a phosphogypsum stack system shall have adequate capacity to circulate the process water stream(s), if applicable, and to contain or transfer runoff on the process watershed upstream of the water control structures resulting from a storm event generating twelve (12'') inches of rainfall in 24 hours while maintaining at the same time the design freeboard of the perimeter earthen dike. If provisions are made to contain some or all of the storm surge resulting from such event within the phosphogypsum stack system upstream from the conveyance system or water control structures, then the transfer capacity of the ditches, pumps, pipes, and related structures may be reduced accordingly.

(5) Methods of construction.

(a) Each new dike shall be constructed to meet or exceed the minimum safety requirements of the specifications and design for that dike. Appropriate earthmoving equipment shall be used to place materials in dike construction. The soil shall be compacted and density tests shall be performed to ensure that the designed densities are obtained. A representative of the third-party engineer shall be present on the site during construction of the dike and liner, and during construction and installation of spillways and penetrations through the dike or liner. The department shall be advised of the date on which construction of a new dike will begin so that a department representative can inspect the site.

(b) Areas around any water level control structure pipe, any other conduit, or any surface of discontinuity between materials within the mass of the dike shall be carefully inspected to avoid potential concentration of seepages and to ensure that soils under and around a culvert are uniformly compacted and are in continuous contact with the external culvert surface. All penetrations through the liner on the upstream slope of the dike shall be made using water tight joints or connections and shall be capable of maintaining their integrity under anticipated in-use conditions. All pipes and joints in pipes or conduits extending through a dike shall be made leak proof and shall be constructed of materials suitable for the fluids carried and the load imposed. In order to avoid leaks associated with differential settlement, conduits through dikes shall not be rigidly supported by piles or piers. Backfill around conduits shall be of a density that is equal to or greater than those of the surrounding embankment. Particular attention shall be devoted to the lower third of the conduit.

(6) Documentation. Applicable provisions of the documentation requirements set forth in subsection 62-672.300(6), F.A.C., are adopted and incorporated by reference with the following exception. The owner shall furnish a certification of completion of construction within 30 days after completion of the dike. The remaining documents shall be submitted within six (6) months of placing the facility into operation.

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99, Amended 7-19-06.

Fla. Admin. Code R. 62-672.620 Assessment of Existing Perimeter Earthen Dikes

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99, Amended 7-19-06, Repealed 2-16-12.

Fla. Admin. Code R. 62-672.650 Operational Requirements for Perimeter Earthen Dikes

(1) All perimeter earthen dikes shall be operated so as to maintain the design freeboard in accordance with paragraph 62-672.600(1)(c), F.A.C., unless temporary incursions into the freeboard are demonstrated to be safe pursuant to subsection 62-672.650(2), or Rule 62-672.870, F.A.C. Each perimeter earthen dike shall be inspected as prescribed in Rule 62-672.670, F.A.C. Vegetative cover adequate to inhibit wind and water erosion shall be established and maintained on the outside slope of the dike. Such vegetation shall be maintained sufficiently low to permit visual inspection of the soil surfaces and critical areas outlined in Rule 62-672.670, F.A.C.

(2) Temporary Nonemergency Use of Design Freeboard.

(a) To assure system safety and integrity or to reduce the probability of discharge, the department shall approve temporary use of the design freeboard of a perimeter earthen dike upon justification by the owner and review of written documentation prepared by a third-party engineer demonstrating that such use can occur while maintaining the safety and stability of the dike. Any department approval shall include as conditions any specific limitations or other requirements recommended by the third-party engineer as necessary to maintain dike integrity and shall establish a specific time limit for such use. The third-party engineer shall base their recommendations on:

1. An inspection of the facility,

2. Dike design and construction information,

3. Results of seepage and stability analyses (including monitoring of seepage pressures within the dike if such monitoring is deemed necessary); and,

4. Wind surge and wave run-up analyses.

(b) The report by the third-party engineer shall specify conditions under which such use may be authorized, such as:

1. Acceptable wind speeds in forecast,

2. Acceptable rainfall levels in the forecast,

3. Increased inspection frequencies; and,

4. Weekly monitoring of piezometric levels within the mass of the dike, if and as needed.

(c) No temporary use of the design freeboard pursuant to this section may be authorized unless the facility either:

1. Prior to initiation of such temporary use has storage capacity adequate to contain a storm event generating twelve (12'') inches of rainfall in 24 hours below the design freeboard fluid level, or

2. Such action has been approved by the department under an action plan submitted pursuant to subsection 62-672.780(8), F.A.C.

(d) Fluctuation in freeboard shall not result in activation of emergency overflow spillways.

(e) Changes in water levels during such temporary use shall not be deemed to reach any of the triggers established under Rule 62-672.780, F.A.C.

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99.

Fla. Admin. Code R. 62-672.670 Inspection and Maintenance Requirements for Perimeter Earthen Dikes

(1) Personnel or agents of the department may accompany inspectors on any inspection required by this rule, or inspect perimeter earthen dikes at any other time which is reasonable under the circumstances involved. They may also examine any inspection reports and be furnished copies thereof upon request.

(2) A completed new perimeter earthen dike shall be thoroughly inspected prior to the placement of process water behind it. Spillways and water level control structures shall be certified by the design third-party engineer as meeting all specifications of the design, and degree of compaction of the fill shall also be certified. Legible photographs, either aerial or ground, may be used to document this initial inspection, but shall not in themselves constitute certification. A complete file describing the items inspected and their condition shall be maintained by the owner, and a copy shall be furnished to the department for approval prior to the deposition of process water behind the dike.

(3) All perimeter earthen dikes and water control structures shall be inspected weekly unless a critical condition listed in subsection 62-672.670(6), F.A.C., has been disclosed, in which event the defective area of the dike shall be inspected daily until corrective maintenance has cured such defect. Water level elevations and freeboard compliance shall be determined at least every twelve (12) hours. Piezometric water levels within the dike shall be measured quarterly if piezometers have been installed. The inspections shall be made by a qualified company employee or contractor employed or retained by the owner of the dike which employee or contractor has been trained in accordance with Rule 62-672.800, F.A.C. The findings of each inspection shall be recorded in a log which log shall be made available to the department upon request.

(4) When a critical condition listed in subsection 62-672.670(6), F.A.C., is suspected during an inspection, the inspector shall ensure that a technical representative of the dike owner is made aware of the condition immediately. If the existence of the critical condition is confirmed, the department shall be notified immediately. A written report of the condition and the actions proposed for its correction shall be made to the department within seven (7) days from the time existence of the critical condition is confirmed.

(5) Each perimeter earthen dike shall be inspected annually by a third-party engineer with experience in the field of construction and operation of perimeter earthen dikes. One copy of the report pertaining to such an inspection shall be furnished to the department, and the original report shall be retained by the owner. These inspections shall include:

(a) Analyses of seepage or other significant items shown on all aerial photographs of the dike which have been taken for any reason since the date of the last annual inspection.

(b) Condition of soil surfaces and top and slopes of the dike and in areas for fifty (50') feet downstream from the outside toe.

(c) Review of all periodic inspection reports to evaluate the effectiveness of maintenance which was done to the dike during the period since the last annual inspection.

(d) Examination and interpretation of data obtained from any instrumentation installed in the mass of the dike.

(e) Condition of spillway and water level control structures, including all conduits exiting the dike.

The annual inspection report shall include recommendations and corrective measures taken. If corrective measures are not completed by the time of annual submittal, then follow up inspection shall be conducted by the third-party engineer with quarterly project reports submitted until completion of all corrective measures.

(6) Any of the following items shall be considered as indicating a critical condition which requires immediate investigation and may require emergency maintenance action:

(a) Concentrated seepage on the downstream slope, at the toe of slope, or downstream from the toe of slope (e.g., boils, soil cones, springs or deltas).

(b) Evidence of slope instability including sloughing, bulging or heaving of the downstream slope, or subsidence of the dike slope or crest.

(c) Cracking of surface on crest or either face of the dike.

(d) General or concentrated seepage in the vicinity of or around any conduit through the dike.

(e) Observed or suspected damage to the liner system.

(7) The following items shall be considered as indicating potential trouble areas which should be closely checked on subsequent inspections and repaired as necessary:

(a) Abnormal dead vegetation or damp areas on the downstream slope, at the toe of slope, or downstream from the toe of slope that could be indicative of pond water seepage.

(b) Surface erosion, gullying or wave erosion on the upstream slope of the dike.

(c) Surface erosion or gullying on the downstream slope of the dike.

(d) Erosion below any conduit through the dike near or at the toe of slope of the dike.

(8) All logs and reports required under this section shall be retained by the owner of the phosphogypsum stack system for a period of not less than three years from the date of the last entry in the log or from the date of the report.

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99.

Fla. Admin. Code R. 62-672.700 Construction of New Phosphogypsum Stacks

(1) Any new phosphogypsum stack or lateral expansion thereof as defined in subsection 62-673.200(9), F.A.C., shall be designed in accordance with the minimum standards of Chapter 62-673, F.A.C., with an overall factor of safety of 1.5 for any potential failure surface encompassing the impoundment on top of the stack and passing through the gypsum slope or bottom liner interfaces, or extending into earthen material in contact with the bottom liner.

(2) The maximum height of a starter dike for new phosphogypsum stacks or lateral expansions thereof shall be equal to or lower than the height of the associated lined perimeter dike.

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99.

Fla. Admin. Code R. 62-672.720 Assessment of Existing Phosphogypsum Stacks

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99, Repealed 2-16-12.

Fla. Admin. Code R. 62-672.750 Procedures for Raising Phosphogypsum Stacks

Phosphogypsum stacks shall be raised in accordance with the following minimum standards:

(1) The crest width of each gypsum dike shall not be less than eighteen (18') feet.

(2) When constructing a gypsum dike, the thickness of each gypsum lift shall not exceed five (5') feet.

(3) The overall average exterior slope of the phosphogypsum stack shall be established based on the results of stability analyses previously performed by a third-party engineer to demonstrate or certify the safety and stability of the stack throughout the life of the stack. The overall average exterior slope of the phosphogypsum stack shall be no steeper than two (2.0) horizontal to one (1.0) vertical for stacks greater than fifty (50') feet in height.

(4) Except as provided in subsection 62-672.750(5), F.A.C., sufficient lengths of the inboard dike, levee, or windrow used to create a rim ditch shall be maintained at a lower elevation than the crest of the associated gypsum dike so that the rim ditch will always discharge inward into a stack settling compartment.

(5) The fluid level in the rim ditch shall not be allowed to rise above the crest elevation of the gypsum dike in the vicinity unless site specific provisions or precautionary measures specifically outlined in the operation plan referred to in Rule 62-672.780, F.A.C., are implemented. In no case shall the water level in the settling compartment be allowed to rise within 6 inches of the crest of the gypsum dike or be allowed to rise to such an extent to cause flooding and submergence of perimeter rim ditches associated with an active settling compartment, making them no longer functional for their intended use.

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99, Amended 7-19-06.

Fla. Admin. Code R. 62-672.760 Procedures for Decanting Process Water from Top of Phosphogypsum Stack

The owner of a phosphogypsum stack system, including inactive stacks or temporarily inactive stacks, shall comply with the following requirements for decanting process water from the top of phosphogypsum stacks.

(1) One or more of the following three methods may be used to decant water from the top of a phosphogypsum stack:

(a) Overflow broad crested weir dug in gypsum, such as controlled flow through an open cut;

(b) Decant pipe placed in a backfilled cut, or

(c) Siphon line or positive pressure line that does not penetrate the gypsum dike.

Any exception to the above shall be specifically recommended, on a case-by-case basis, by a third-party engineer and approved by the department upon a demonstration that such exception will maintain the integrity of the impoundment. Any exception to the requirements specified in subsections 62-672.760(2)-(14), F.A.C., shall be specifically recommended, on a case-by-case basis, by a third-party engineer and the department shall be notified of the exception in a timely manner.

(2) The maximum depth of any open cut used to decant water and any cut made to place or remove a decant pipe shall be limited to no more than 10 feet. The depth of cut shall be measured from the top of the fluid level elevation in the rim ditch at the decant location, i.e., from the maximum elevation of the slurry flowing in the rim ditch at any time prior to making the cut. The depth shall be measured to the bottom invert elevation of the decant pipe or open cut beneath the centerline of the gypsum dike.

(3) Each facility shall select a range of bottom widths and side slopes for any cut to be made that are consistent with the site-specific decanting and backfilling procedures adopted by that facility.

(4) The minimum distance from the decant location (within the settling compartment on top of the stack) to the outer edge of any cut on the exterior slope of the stack, measured along the invert of the cut, shall be no less than 40 feet. Moreover, if the distance from the decant location to the outer edge of the cut on the exterior slope is less than fifty-five (55') feet, either one of the following additional precautionary measures shall be implemented:

(a) The cut made across the inner levee (upgradient from the rim ditch) shall be offset at least fifteen (15') feet relative to the cut made across the gypsum dike crest, or

(b) A gypsum “beach” or delta shall be placed or built into the inner settling compartment at the decant location prior to making the cut.

(5) The invert of any cut through a gypsum dike shall be located in material that has been allowed to consolidate and age for no less than 2 weeks.

(6) The centerline of a new decant cut shall be offset a minimum distance of fifty (50') feet from the location of the most recently backfilled cut (i.e., older cut which is no longer being used to decant water).

(7) If an open cut is used to decant water, the depth of water over the broad-crested weir opening shall be controlled at less than two (2') feet. If a decant pipe is used, the diameter of the pipe shall be no greater than thirty (30'') inches, and the pressure rating of the pipe shall be no less than 50 psi (e.g., for High Density Polyethylene (HDPE) pipes, the Standard Dimension Ratio (SDR) shall be no greater than 32.5; and for Polyvinyl Chloride (PVC) pipes, the pipe Schedule shall be equal to or greater than 40). Moreover, the horizontal section of any decant pipe placed in a backfilled trench shall be extended no less than two (2') feet and no more than five (5') feet beyond the edge of the cut on the exterior slope of the stack, or the discharge end of the pipe shall be laid along the exterior slope of the stack.

(8) Additional measures for decant pipe.

(a) If a decant pipe is used, and a cut is made to place or remove the pipe, the following precautionary measures shall be implemented prior to making the cut:

1. Place a gypsum “beach” or delta into the inner settling compartment extending no less than thirty (30') feet from the inside edge of crest of the inner levee, then lower the water level in the settling compartment below the bottom invert elevation of the decant pipe, and construct a temporary cofferdam on the gypsum beach as an added safety measure; or alternatively,

2. Place a gypsum “beach” or delta into the inner settling compartment extending no less than one hundred (100') feet from the inside edge of crest of the inner levee, temporarily isolate the compartment where the decant is located to prevent the introduction of additional water or slurry, and construct a temporary gypsum cofferdam as needed to isolate the decant location. The cofferdam shall have a minimum crest width of twenty (20') feet. The excavation shall not be allowed to extend across an imaginary 3.0 Horizontal: 1.0 Vertical line projected from the outside toe of the cofferdam towards the exterior slope of the stack; or alternatively,

3. Place a gypsum “beach” or delta into the inner settling compartment extending no less than five hundred (500') feet from the inside edge of crest of the inner levee, and temporarily isolate the compartment where the decant is located to prevent the introduction of additional water or slurry.

(b) Once the excavation has progressed below the water level elevation in the settling compartment, the cut shall be completed and the excavation backfilled as expeditiously as possible but no later than within 48 hours.

(9) Prior to backfilling a cut, the exposed gypsum surface shall be scarified (e.g., with the dozer tracks or with the backhoe bucket) as needed to break up and remove any cemented surface crust, if present.

(10) Only moist or wet gypsum may be used in backfilling operations. Dry gypsum shall not be used unless it is moisture-conditioned prior to or during placement. Moreover, gypsum used in backfilling a decant cut shall have an equivalent texture and consistency to freshly sedimented gypsum excavated from the rim ditch.

(11) Backfilling operations shall incorporate one or more of the following construction steps or procedures, as applicable, or other methods certified as equivalent by a third-party engineer.

(a) Any open cut through the gypsum dike shall be backfilled with wet or moist gypsum placed in lifts not exceeding eighteen (18'') inches in thickness, as needed to ensure that the gypsum backfill is in intimate and complete contact with the sides of the cut and with the external surface of the decant pipe, when present.

(b) Either tracked equipment (e.g., dozer) shall be used to roll the surface and compact each lift of moist to wet gypsum, scarifying between lifts as needed; or the bucket of a hydraulic excavator (backhoe) shall be used to place and tamp wet to very wet (e.g., “sluiced” or flowable) gypsum, having a saturated paste consistency, in lifts, scarifying between lifts as needed. The latter method is suited for use in filling all around a decant pipe, when present, provided the pipe is restrained and prevented from being uplifted during any such filling operation.

(c) Construction equipment shall not be allowed to travel directly over any buried decant pipe until a gypsum cover thickness sufficient to prevent damage to the pipe has been placed over the pipe (as approved by a registered professional engineer).

(d) If saturated gypsum has been used in backfilling a cut through the gypsum dike (i.e., wet to very wet gypsum placed and tamped with the bucket of a hydraulic excavator), then the freshly backfilled plug shall be allowed to set for at least 48 hours before the remainder of the cut inboard of the restored outer dike is backfilled with gypsum slurry via the rim ditch, and before water is allowed to flow in the rim ditch across the backfilled cut.

(12) Backfilling of any decant cut through the gypsum dike shall be done during daylight hours only (unless the entire work area is well lighted); and shall be inspected and monitored by a qualified company employee familiar with the specified backfilling procedures.

(13) The placement in service and initial operation of the rim ditch adjacent to any backfilled cut shall be inspected and monitored by a qualified company employee, with periodic monitoring to continue at least once every 12 hours during the first 36 hours after re-activating the area adjacent to the cut. Any of the following items shall be considered as indicative of a potentially critical condition requiring immediate notification of supervisory personnel and performance of more frequent inspections until the situation has stabilized or remedial action has been implemented: concentrated seepage on the outer face of the backfilled cut, any sign of sediment transport, cracking or subsidence of the exposed surface on the crest and downstream face, and concentrated seepage or boils in the vicinity of a decant pipe.

(14) All inspections shall be documented in writing and the findings shall be recorded, signed by the qualified company employee who conducted the inspection and maintained at the facility for a period of not less than three years.

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99.

Fla. Admin. Code R. 62-672.770 Phosphogypsum Stack Inspection and Maintenance

(1) Personnel or agents of the department may accompany inspectors on any inspection required by this rule, or inspect starter dikes or gypsum dikes at any other time which is reasonable under the circumstances involved. They may also examine any inspection reports and shall be furnished copies thereof upon request.

(2) A completed new phosphogypsum stack system, including the starter dike, shall be thoroughly inspected prior to the deposition of process water in it. The liner, spillways and water level control structures shall be certified by the design third-party engineer as meeting all specifications of the design, and the degree of compaction of the fill shall also be certified. Legible photographs, either aerial or ground, may be used to document this initial inspection, but shall not in themselves constitute certification. A complete file describing the items inspected and their condition shall be maintained by the owner, and a copy shall be furnished to the department.

(3) All stack compartments, including any noted areas containing critical conditions as listed in subsection 62-672.770(6), F.A.C., until corrected, shall be inspected daily. Stack slopes, collection ditches, and drain outlets shall be inspected weekly. Flow from drain outlets shall be checked quarterly. The total areal coverage of water on the stack shall be estimated each month and the total water inventory on top of the stack shall be estimated annually. The required inspections and estimates shall be carried out by a qualified company employee or contractor employed or retained by the owner of the phosphogypsum stack which employee or contractor has been trained in accordance with Rule 62-672.800, F.A.C. The results of the required inspections and estimates shall be recorded in a log which shall be maintained by the owner of the phosphogypsum stack and made available to representatives of the department upon request.

(4) When a critical condition listed in subsection 62-672.770(6), F.A.C., is suspected during an inspection, the inspector shall ensure that a competent technical representative of the phosphogypsum stack system owner is made aware of the condition immediately. If the existence of the critical condition is confirmed, the department shall be notified immediately. A written report of the condition and the actions proposed for its correction shall be made to the department within seven (7) days from the time existence of the critical condition is confirmed.

(5) Each phosphogypsum stack shall be inspected annually by a third-party engineer with experience in the field of construction and operation of phosphogypsum stacks at the same time that the annual inspection of the associated perimeter earthen dike occurs as required by Rule 62-672.670, F.A.C. One copy of the report pertaining to such an inspection shall be furnished to the department, and the original report shall be retained by the owner. The report shall include an updated aerial photograph and shall state the area of the top of the stack and the current height and elevation of the stack. The annual inspection report shall include recommendations and corrective measures taken. If corrective measures are not completed by the time of annual submittal, then follow up inspections shall be conducted by the third-party engineer on a quarterly basis with quarterly project reports submitted until completion of all corrective measures.

(6) Any of the following items shall be considered as indicating a critical condition which requires immediate investigation and may require emergency maintenance action:

(a) Concentrated seepage (e.g., springs or boils) on the face of a stack slope, at the toe of the slope, or beyond the toe of slope with active signs of piping at the point of seepage (e.g., a gypsum or soil cone or delta at the point of seepage).

(b) Evidence of slope instability including sloughing, bulging or heaving of the face of the stack or the toe of the slope.

(c) Lateral movement or subsidence of the slope or crest of the stack.

(d) Formation of new non-shrinkage cracks or enlargement of wide cracks in the surface of the slope or crest of the stack.

(e) Observed or suspected damage to the liner system.

(f) Drains discharging turbid water.

(g) Concentrated seepage (i.e., springs or boils) in the vicinity of a decant pipe.

(7) The following items shall be considered as indicating potential trouble areas which should be closely checked on subsequent inspections and repaired as necessary:

(a) Concentrated seepage (e.g., springs or boils) on the face of a stack or at the toe of slope without active signs of piping at the point of seepage.

(b) Previously observed localized sloughing at the toe of slope of the stack.

(c) Previously observed cracks in the surface of the slope or crest of the stack.

(d) Nonflowing drains.

(8) All logs and reports required under this section shall be retained by the owner of the phosphogypsum stack system for a period of not less than three years from the date of the last entry in a log or from the date of the report.

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99.

Fla. Admin. Code R. 62-672.780 Phosphogypsum Stack System Operation Plans

The following items shall be included in the operation plan for each phosphogypsum stack system and shall be approved by an engineer experienced in the construction and operation of phosphogypsum stacks:

(1) The method used to raise and operate the stack.

(2) A description of the source and consistency of gypsum used in constructing the gypsum dikes and the method used for shaping and/or rolling the gypsum.

(3) The overall average exterior slope for raising the phosphogypsum stack and the maximum design height of the stack.

(4) The procedures used to assure that pipes used to transport phosphogypsum to the phosphogypsum stack systems and to return process water to the phosphate fertilizer production facilities are operated and maintained in a safe manner.

(5) The procedures used to decant process water from the top of the phosphogypsum stack.

(6) The location of pumps, spillways, and staff gauges.

(7) Provisions that address emergency measures to be taken in the event of mechanical failure of a pump or in the event of a power failure for any portion of a phosphogypsum stack system that relies on pumps or power to operate monitoring equipment or to transfer process water and/or rainfall-runoff from low areas to the main cooling pond. Such emergency provisions may include:

(a) Back-up power (e.g., on-site power; diesel generator, etc.) and/or back-up pump which would be activated in the event of electrical or mechanical failure, or

(b) Sufficient surge storage capacity or emergency surge capacity within the conveyance system to contain the process water stream(s), if applicable, as well as runoff from a storm event generating 12 inches of rainfall in 24 hours, or

(c) Increased inspection frequencies or continuous monitoring (e.g., remote video camera or automatic water level control device tied to a warning system) to provide early warning of an imminent spill prior to its occurrence; and an emergency action plan that would be undertaken to prevent or contain an accidental spill.

(8) A site-specific water management plan updated annually to reflect changes in process watershed area, storm surge, and projected water balances. The updated plan, consistent with water quality based effluent limits applicable to the facility, shall be submitted to the department by February 1 of each year.

(a) Each plan shall specify, at a minimum, a set of specific actions, including minimum process water consumption and transfer rates, that are put into motion when certain “triggers” are exceeded in the cooling/surge pond system. The plan shall specify additional actions that shall be implemented prior to exceeding such triggers in the cooling/surge pond system, where such actions are determined to be necessary based on water balance model results for the rainfall scenarios described in subsection (9), below. For facilities with approval to store process water in an AHP or RHP, such additional actions shall, at a minimum, specify the operational conditions for transferring to or removing process water from each authorized AHP, whether lined or unlined, or any RHP. Each trigger shall correspond to the event or system storage volume or operating water level(s) needed to contain the storm surge (or a fraction of the storm surge) in the system from a specific design storm (e.g., 12 inches in 24 hours, or the 25-year/24-hour event). If provisions are made to contain the direct rainfall quantity from a storm event generating 12 inches of rainfall in 24 hours in the settling compartments atop the phosphogypsum stack, then the top area of the stack need not be considered in calculating the process watershed of the cooling/surge pond system and corresponding storm surge capacity.

1. The trigger levels in the cooling/surge pond system shall include:

a. The “action plan” trigger corresponding to the event storage volume or operating water level(s) required to contain the rainfall quantity from a storm event generating 12 inches of rainfall in 24 hours. When this level is exceeded for 72 consecutive hours, the owner of the system shall notify the department in conjunction with the weekly reporting required under paragraph (c), of this subsection, and present for the department’s review a site specific action plan (or refer the Department to a previously submitted site-specific action plan) for process water inventory management and/or consumption.

b. The “may treat” trigger corresponding to the event storage volume or operating water level(s) required to contain the 25-year/24-hour storm event. When this trigger is exceeded for 48 consecutive hours, the owner of the system shall notify the department on the next working day and begin implementing activities needed for activating any permitted treatment station(s), or, alternatively, the owner shall undertake actions to increase the available surge storage capacity within the process system which could include reductions in the volume of water reporting to the process water system, transfer of process water within the phosphogypsum stack system, or transfer of process water to one or more AHPs or RHPs. Incorporation of process water treatment and discharge as a specific action in the site-specific water management plan at this level by facilities that have a department permit to discharge is optional.

c. The “must treat” trigger corresponding to the system storage volume or operating water level(s) required to contain one half of the 25-year/24-hour storm event. When this level is reached or exceeded, the owner of the system for which the department has issued a discharge permit shall notify the department in writing, within 24 hours. Whenever the “must treat” trigger is exceeded for 24 consecutive hours or more, the owner or operator of the system shall treat process water for reuse or discharge in accordance with the facility’s site-specific water management plan.

2. For purposes of establishing the “action plan” and “may treat” triggers, the portion of the storage capacity of a department-approved AHP corresponding to that which would be available during a 24-hour period, through any combination of gravity flow and emergency measures identified in the operation plan, shall be taken into account.

3. For facilities that are authorized to use a department-approved RHP, the storage capacity of the RHP shall not be taken into account in establishing the “action plan,” “may treat,” and “must treat” triggers. However, use of an RHP may be part of a facility’s site-specific water management plan.

4. When process water is to be moved into an AHP or RHP that does not contain process water, the owner of the system shall notify the department, in advance when feasible, but not later than one business day after transfer begins. Whenever process water is stored in an RHP, the owner shall implement all measures needed to consume, remove or treat the water from the RHP as soon as practicable. When an AHP or RHP is emptied of process water, the owner of the system shall notify the department within 7 days. An RHP is required to have either a separate operation and contingency plan, or be included as part of a single facility’s operation and maintenance plan.

5. Whenever the “action plan,” “may treat,” and “must treat” triggers are exceeded, the owner or operator of the system shall implement the applicable specific actions in accordance with the facility’s site-specific water management plan. Where the plan specifies that additional actions are to be implemented prior to exceeding the “action plan,” “may treat,” and “must treat” triggers, the owner or operator of the system shall implement such additional actions in accordance with the facility’s site-specific water management plan.

(b) Each facility’s water management plan shall be site-specific and shall be based on a water balance analysis performed annually which considers the rainfall scenarios described in subsection (9), below.

(c) Each facility must maintain records for at least three years to identify the “trigger” levels. This record should contain as a minimum a site-specific water balance summary sheet which includes the following elements:

1. Water levels in each impoundment area,

2. Operating levels and trigger levels of each impoundment area,

3. Acreage of each impoundment area,

4. Acreage of watershed that contributes to the impoundment area,

5. Available storage capacity at the various operation levels, in inches of rainfall runoff and acre feet,

6. Available event and system storage, in inches of rainfall runoff and acre feet; and,

7. Available maximum potential storage, in inches of rainfall runoff and acre feet, where determined in accordance with subsection 62-672.870(1), F.A.C.

Each facility shall provide the department the water balance summary sheets at the following frequency:

a. Monthly by the 15th of each month when water levels are below the “action plan” trigger. The summary sheet provided shall contain the required information for the last day of the preceding month.

b. Weekly on the Tuesday of each week when the “action plan” trigger is exceeded. The summary sheet provided shall contain the required information for the preceding Friday.

c. Daily (except weekends and holidays) when either the “may treat” or “must treat” triggers are exceeded. The summary sheet provided shall contain the required information for the preceding day.

Each facility shall also regularly monitor water levels as required elsewhere by this rule as well as be able to demonstrate the water levels and available event, system, and maximum potential storage capacity at any time upon the request of the department.

(d) For the purposes of this subsection, information to be provided to the Department, including notifications required herein, may be provided by facsimile, electronic mail, or other electronic means where established by the department.

(9) The adequacy of the facility’s site-specific water management and action plans and emergency measures shall be based on a five-year water balance analysis which shall be updated annually.

(a) The water balance analysis shall use October 1 as the beginning date for the analysis. The analysis shall identify the rates of all water inputs and outputs, any manufacturing production changes, and changes in process watershed area considered in the analysis. A third party engineer shall verify the accuracy of the analysis. A summary of the analysis and the water balance analysis results shall be included in the annual updated site-specific water management plan required in subsection (8), above.

(b) The water balance calculations shall be performed for the 5-year period using input rainfall quantities which shall include either:

1. The 100-year September rainfall occurring during the 100-year Annual Rainfall as defined herein, and multi-year rainfall events that have an equivalent probability for not being exceeded during the 5-year period as that of the 100-year Annual Rainfall Event. Rainfall events other than the 100-year Annual Rainfall shall be determined based on a long-term rainfall record from a National Oceanic & Atmospheric Administration or equivalent weather station in the vicinity of the facility. For the multi-year rainfall events other than the 100-year annual rainfall, the annual rainfall quantities exceeding or less than the long-term average annual rainfall shall be distributed amongst the various months of the year in proportion to the normal monthly rainfalls determined from the corresponding long-term record. For the 100-year annual rainfall, the annual rainfall quantities exceeding or less than the long-term average annual rainfall shall be distributed amongst the various months of the year, other than the month for the 100-year September rainfall, in proportion to the normal monthly rainfalls determined from the corresponding long-term record; or

2. The input rainfall quantities for each of the 5-year extreme rainfall scenario listed below:

Rainfall, inches

Year 1

Year 2

Year 3

Year 4

Year 5

Total

Scenario 1

76

60

56

56

52

300

Scenario 2

60

76

56

56

52

300

Scenario 3

56

60

76

56

52

300

Scenario 4

52

56

60

76

56

300

Scenario 5

52

56

56

60

76

300

For the 100-year annual rainfall and the multi-year rainfall events, the annual rainfall quantities shall be distributed amongst the various months of the year proportionally based on the values shown for each month as listed below:

Portion of Annual Rainfall Amount, Percent

100-Year Annual Rainfall

Other Multiyear Rainfall Events

January

3.2

4.5

February

3.7

5.2

March

4.1

5.8

April

3.4

4.8

May

5.7

8.0

June

15.2

14.8

July

15.9

15.4

August

14.5

14.1

September

24.8

13.9

October

4.1

5.8

November

2.5

3.5

December

2.9

4.2

(c) The water balance analysis for any phosphogypsum stack system shall indicate whether the system storage will be less than any of the following water balance targets:

1. 16.25 inches of rainfall run-off on June 1 of any year,

2. 12 inches of rainfall run-off on October 1 of any year; and,

3. Water levels that exceed impoundment maximum design levels at any time during a year.

If the water balance for any phosphogypsum stack system indicates that system storage is less than the water balance targets, the owner must provide reasonable assurance that additional process water consumption or management items, not already included as outputs in the water balance analysis, are readily available and capable of maintaining these water balance targets. Use of available storage within an AHP or RHP, up to their maximum design levels, may be used to provide this assurance. For a period not to exceed three years following July 19, 2006, a company may utilize water levels corresponding to maximum potential storage to provide reasonable assurance that water balance targets will be met. In subsequent years, if the modeling results of the annual water balance analysis provide reasonable assurance that the water balance targets will be met utilizing only system storage on or after June 1, 2011, a company may continue, at its discretion, to utilize water levels corresponding to maximum potential storage for modeled periods prior to June 1, 2011. Whenever a company relies on the use of maximum potential storage, the water balance analysis must specify the assumptions that were used to determine the temporary use of the design freeboards.

(d) If the water balance indicates that at any time during the five-year period that process water levels, in conjunction with additional available process water consumption or management items as described in paragraph (c), of this subsection, will not meet the water balance targets, the owner must provide additional process water consumption or management items, and submit an alternatives plan and implementation schedule for department approval for the additional consumption or management measures within 90 days of submittal of the water balance analysis. The plan and schedule shall include, at a minimum, the following elements:

1. A listing and description of the additional process water consumption or management items to be evaluated, including the identification of items that can be rapidly implemented to achieve the water balance targets.

2. A listing of interim measures that can be implemented to prevent an unpermitted release of process water in the event that actual rainfall events contribute to process water levels exceeding maximum design levels.

3. A proposed schedule for the evaluation, selection, engineering, design, and construction, installation or implementation for the items and interim measures needed to increase water consumption, reduce inventories, or any combination of such actions that will result in achievement of the water balance targets.

4. Where such alternatives or interim steps may include a new or increased discharge to surface waters of the state, the evaluation of the new or increased discharge shall include:

a. Identification of any impaired waters and parameters included on a verified list, determined in accordance with Chapter 62-303, F.A.C., for any water body or water body segment existing at or downstream of the proposed new or increased discharge,

b. Identification of any Total Maximum Daily Load, adopted in Chapter 62-304, F.A.C., for any water body or water body segment existing at or downstream of the proposed new or increased discharge,

c. Preliminary estimates of any proposed new or increased loading and concentrations, expressed on an annual average basis, and a description of the expected frequency and duration of discharge events that would be needed to meet the water balance targets and terms of this paragraph for each of the identified impaired parameters,

d. A description of and estimated quantity for potential pollutant loading offsets that may be available for any proposed receiving water body or water body segments, if needed to implement any alternative including a proposed new or increased discharge to impaired surface waters of the state.

The department shall approve the plan upon a demonstration that implementation of the plan will result in achievement of the water balance targets. Upon receipt of an alternatives plan, the department shall approve or deny the alternatives plan following the procedural steps outlined in Section 120.60, F.S. Any such additional process water consumption capacity or other management items necessary to meet the terms of this paragraph shall be installed in accordance with the approved plan or within 18 months of receipt by the owner of all necessary permits or other prior approvals whichever occurs later.

(10) The site-specific water management plan and action plans, based on an updated water balance analysis performed in accordance with subsection (9), herein, for each phosphogypsum stack system and complying with all of the provisions of this section, shall be submitted to the department by no later than February 1, 2007 and annually thereafter.

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99, Amended 7-19-06.

Fla. Admin. Code R. 62-672.800 Training

The owner of a phosphogypsum stack system shall provide annual training in inspection and operations requirements and contingency plan requirements to appropriate personnel. Newly hired personnel shall receive training prior to engaging in inspection or operations activities addressed by this rule. A training plan consistent with the requirements of this section shall be maintained at each facility and be available for inspection by the department upon request. Records demonstrating that appropriate personnel have received the necessary training shall be maintained by the facility owner for a period of three years.

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99.

Fla. Admin. Code R. 62-672.850 Contingency Plans

The owner of a phosphogypsum stack system shall prepare, by January 1, 2000, and update annually thereafter, a contingency plan to address unplanned releases of process water. The elements of such a plan shall address the applicable elements of the “National Response Team’s Integrated Contingency Plan Guidance [61 Fed. Reg. 28,641 (June 5, 1996)] which is incorporated herein by reference and shall demonstrate the ability to mobilize equipment and manpower to respond to emergency situations. The plan shall be maintained at the facility and be available for inspection by the department upon request.

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99.

Fla. Admin. Code R. 62-672.870 Temporary Measures

(1) Temporary use of the design freeboard. For purposes of this rule, the design freeboard shall mean the vertical distance from the water surface, when water levels are at the maximum design level, to the lowest elevation of the top of the surrounding dike.

(a) Temporary use of the design freeboard of a perimeter earthen dike or a gypsum dike is authorized when the water level is at the design freeboard and when such use is necessary to prevent the release of untreated process water. Such use of the freeboard shall only be allowed when a third-party engineer has approved such use and when documentation demonstrating the continued safety and stability of the dike is submitted to the department. Such documentation shall include a listing of any operational limitations or constraints recommended by the third-party engineer as set forth in this section together with confirmation that the owner will comply with such recommendations. The third-party engineer shall base their recommendations on:

1. An inspection of the facility,

2. Dike design and construction information,

3. Results of seepage and stability analyses (including monitoring of seepage pressures within the dike if such monitoring is deemed necessary); and,

4. Wind surge and wave run-up analyses.

(b) The report by the third-party engineer shall specify conditions under which such use may be undertaken so as not to jeopardize the integrity of the dike, such as:

1. Acceptable wind speeds in forecast,

2. Increased inspection frequencies; and,

3. Weekly monitoring of piezometric levels within the mass of the dike, if and as needed.

(c) The third-party engineer shall reevaluate the facility each time such action is proposed by the owner. The department shall be informed of the proposed use and the engineer’s recommendations prior to or within 24 hours of each such occurrence.

(2) If the perimeter earthen dike of the phosphogypsum stack system is an above-grade earthen dike, the system may incorporate an emergency spillway to allow for the controlled release of process water during emergencies and avoid overtopping of the perimeter earthen dike. The spillway shall be located so as to minimize the environmental impact of any release to the extent practicable. This provision shall not be deemed to authorize a discharge from the spillway and shall not be construed to limit the department’s exercise of its enforcement discretion in the event that such discharge causes or contributes to a violation of applicable department rules.

(3) Notwithstanding any provision of Chapter 62-673, F.A.C., the department is authorized to allow the temporary use of an emergency diversion impoundments (EDI) to receive and store discharges of process water through a spillway authorized by subsection 62-672.870(2), F.A.C., or by pumping where necessary to avoid or reduce the unpermitted discharge of process water to surface waters of the state. Following any such discharge, the owner of the system shall submit a plan within 30 days to the department and initiate all steps reasonably necessary to remove the process water from the emergency diversion impoundment as expeditiously as practicable but not to exceed 120 days following such discharge, or to otherwise mitigate the discharge to prevent violations of applicable department rules. Any department approval under this section or any other department approval of measures designed to mitigate impacts of emergency discharges of process water shall not be construed to limit the department’s exercise of its enforcement discretion in the event that such measures cause or contribute to a violation of applicable department rules.

History

• Rulemaking Authority 403.4155 FS. Law Implemented 403.4155 FS. History–New 6-28-99, Amended 7-19-06.

Chapter 62-673 PHOSPHOGYPSUM MANAGEMENT

Fla. Admin. Code R. 62-673.200 Definitions

The following words, phrases or terms as used in this chapter, unless the context indicates otherwise, shall have the following meaning:

(1) “Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells, springs or surface water.

(2) “Closing” means the time at which a phosphogypsum stack system ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the system for any necessary monitoring and maintenance after closing.

(3) “Closure” means the cessation of operation of a phosphogypsum stack system and the act of securing such a system so that it will pose no significant threat to human health or the environment. This includes closing, long-term monitoring, maintenance and financial assurance.

(4) “Department” means the State of Florida Department of Environmental Protection.

(5) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or upon any land or water so that such solid waste or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including groundwaters, or otherwise enter the environment.

(6) “Facility” means all contiguous land and structures, other appurtenances and improvements on the phosphate fertilizer manufacturing complex.

(7) “Final cover” means the materials used to cover the top and sides of a phosphogypsum stack upon closure.

(8) “Geomembrane” means a low-permeability synthetic membrane used as an integral part of a system designed to limit the movement of liquid or gas in the system.

(9) “Lateral expansion” means the expansion, horizontally, of phosphogypsum or process wastewater storage capacity beyond the permitted capacity and design dimensions of the phosphogypsum stack, or cooling ponds, surge ponds, and perimeter drainage conveyances at an existing facility. Any phosphogypsum stack, cooling pond, surge pond, or perimeter drainage conveyance which is constructed within 2,000 feet of an existing phosphogypsum stack system, measured from the edge of the expansion nearest to the edge of the footprint of the existing phosphogypsum stack system, is considered a lateral expansion.

(10) “Leachate” means liquid that has passed through or emerged from phosphogypsum.

(11) “Liner” means a continuous layer of low permeability natural or synthetic materials which controls the downward and lateral escape of waste constituents or leachate from a phosphogypsum stack system.

(12) “100-year floodplain” means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, that are inundated by the 100-year flood.

(13) “Phosphogypsum” means calcium sulfate and byproducts produced by the reaction of sulfuric acid with phosphate rock to produce phosphoric acid. Phosphogypsum is a solid waste within the definition of Section 403.703(13), F.S.

(14) “Phosphogypsum stack” means any defined geographic area associated with a phosphoric acid production facility in which phosphogypsum is disposed of or stored, other than within a fully enclosed building, container or tank.

(15) “Phosphogypsum stack system” means the phosphogypsum stack (or pile, or landfill), together with all pumps, piping, ditches, drainage conveyances, water control structures, collection pools, cooling ponds, surge ponds, auxiliary holding ponds, regional holding ponds and any other collection or conveyance system associated with the transport of phosphogypsum from the plant to the phosphogypsum stack, its management at the stack, and the process wastewater return to the phosphoric acid production or other process. This definition specifically includes toe drain systems and ditches and other leachate collection systems, but does not include conveyances within the confines of the fertilizer production plant or emergency diversion impoundments used in emergency circumstances caused by rainfall events of high volume or duration for the temporary storage of process wastewater to avoid discharges to surface waters of the state.

(16) “Process wastewater” means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product, along with any leachate or runoff from the phosphogypsum stack system. This term does not include contaminated nonprocess wastewater as that term is defined in 40 C.F.R. 418.11(c).

(17) “Related parties” means affiliates of the enterprise; entities for which investments are accounted by the equity method by the enterprise; trusts for the benefit of employees, such as pension and profit-sharing trusts that are managed by or under the trusteeship of management; principal owners of the enterprise; its management; members of the immediate families of principal owners of the enterprise and its management; and other parties with which the enterprise may deal if one party controls or can significantly influence the management or operating policies of the other to an extent that one of the transacting parties might be prevented from fully pursuing its own separate interests. Another party also is a related party if it can significantly influence the management or operating policies of the transacting parties or if it has an ownership interest in one of the transacting parties and can significantly influence the other to an extent that one or more of the transacting parties might be prevented from fully pursuing its own separate interests.

(18) “Shallow water supply well” means any potable water well which pumps water from an unconfined water table aquifer.

(19) “Stack system configuration as of the end of its useful life” means the maximum physical dimensions of the phosphogypsum stack system as provided by the applicant in a general plan and schedule for closure or a closure plan submitted to the Department pursuant to Rule 62-673.600 or 62-673.610, F.A.C.

History

• Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.703, 403.707 FS. History–New 3-25-93, Formerly 17-673.200, Amended 7-2-05, 7-19-06.

Fla. Admin. Code R. 62-673.220 Applicability

(1) The provisions of this chapter apply to new phosphogypsum stack systems or lateral expansions of existing phosphogypsum stack systems for which a complete permit application or request for modification of an existing permit is submitted after 3-25-93.

(a) Except for incidental deposits of phosphogypsum entrained in the process wastewater, placement of phosphogypsum outside the phosphogypsum stack footprint is considered a lateral expansion of the phosphogypsum stack system. The footprint is defined as the outside edge of the starter dikes used to contain the placement of phosphogypsum in the stack.

(b) Storage or containment of process wastewater outside the footprint of the phosphogypsum stack, cooling ponds, surge ponds, or perimeter drainage conveyances existing on 3-25-93 is considered a lateral expansion of the phosphogypsum stack system. The footprint is defined as the outside edge of the dams, dikes or ditches used to store or contain process wastewater.

(2) Rule 62-673.500, F.A.C., shall also apply to existing active facilities after 3-25-93 at the time of permit renewal, or upon issuance of a temporary operating permit.

(3) Rules 62-673.600-.650, F.A.C., apply to all phosphogypsum stack systems, whether planned, active, or inactive as described in subsection 62-673.600(1), F.A.C.

(4) Lateral expansions of phosphogypsum stack systems are considered existing installations as defined in Chapter 62-522, F.A.C.

(5) Notwithstanding the provisions of paragraph (1)(a), of this rule, placement of phosphogypsum into an existing process wastewater area located adjacent to and extending to no more than 350 feet from the edge of the footprint of an existing phosphogypsum stack is not considered a lateral expansion if:

(a) By [3-25-93 + 3 months], the owner or operator of the phosphogypsum stack system submits to the Department an application for a construction permit for the additional placement area which demonstrates that such placement will not result in a violation of applicable Department ground water standards or criteria;

(b) By [3-25-93 + 3 months], the owner or operator of the phosphogypsum stack system submits to the Department an application, which includes detailed design features, for a permit to construct a new lined cooling pond which meets the design requirements of Rule 62-673.400, F.A.C., and this cooling pond is constructed within two years of the issuance of the construction permit; and

(c) No phosphogypsum is placed in any unlined area after [3-25-93 + 8 years].

History

• Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS. History–New 3-25-93, Formerly 17-673.220.

Fla. Admin. Code R. 62-673.300 Prohibitions

(1) No person shall dispose of, or store prior to disposal, any phosphogypsum except within a phosphogypsum stack system permitted by the Department in accordance with this chapter. This provision shall not be construed to prohibit any use or reuse of phosphogypsum not otherwise prohibited by law.

(2) Material subject to the licensure requirements of Chapter 404, F.S., and Chapter 64E-5, F.A.C., shall only be placed on a phosphogypsum stack in accordance with the terms of that license issued by the Department of Health and Rehabilitative Services.

History

• Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707, 403.708 FS. History–New 3-25-93, Formerly 17-673.300.

Fla. Admin. Code R. 62-673.310 Alternate Procedures and Requirements

(1) Any person subject to the provisions of this chapter may request in writing a determination by the Department that a procedure or requirement shall not apply, and shall request approval of alternate procedures or requirements.

(2) The request shall set forth at a minimum the following information:

(a) The specific facility or site for which an exception is sought;

(b) The specific procedures or requirements from which an exception is sought;

(c) The basis for the exception;

(d) The alternate procedure or requirement for which approval is sought and a demonstration that this alternate procedure or requirement provides an equal degree of protection for the public and the environment; and,

(e) A demonstration of the effectiveness of the proposed alternative procedure or requirement.

(3) The department shall authorize by order each alternative procedure or requirement approved for an individual facility or site in accordance with this rule or shall deny by order the request for such approval.

(4) Requests for alternate procedures or requirements shall be accompanied by a fee of $2,000 in accordance with subparagraph 62-4.050(4)(m)4., F.A.C. Requests must be submitted to the Program Administrator, Department of Environmental Protection, Bureau of Mining and Minerals Regulation, Phosphate Management Program, 13051 North Telecom Parkway, Temple Terrace, Florida 33637-0926.

History

• Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS. History–New 3-25-93, Formerly 17-673.310.

Fla. Admin. Code R. 62-673.320 Permitting of Phosphogypsum Stack Systems

(1) No phosphogypsum stack system shall be constructed, operated, expanded, modified or closed without an appropriate and currently valid permit issued by the Department in accordance with this chapter. Facilities operating without a permit on 3-25-93 shall, within 180 days, apply for a temporary operating permit from the Department.

(2) Permit application. The person making application for a permit for a phosphogypsum stack system shall submit to the respective Department district office having jurisdiction where the facility is located a copy of the permit application, engineering plans, and all supporting data and reports for the proposed construction, operation, or closure of the facility prepared by a professional engineer registered in the State of Florida in accordance with provisions of Chapter 471, F.S. Said engineer or another registered professional engineer shall be required to make periodic inspections during construction of the facility to ensure that design integrity is maintained.

(3) Preparation of application. The application for a permit shall be prepared and signed by the applicant on Form 62-673.900(1), Application for Permit to Construct/Operate a Phosphogypsum Stack System, effective 3-25-93, which is adopted and incorporated herein by reference. This form may be obtained by contacting the appropriate district office or by writing the Department of Environmental Protection, Bureau of Mining and Minerals Regulation, Phosphate Management Program, 13051 North Telecom Parkway, Temple Terrace, Florida 33637-0926. The application shall include all information necessary for the Department to make an evaluation of the proposed facility to ensure that it will pose no significant threat to public health or the environment. The permit application and supporting information shall include the following:

(a) A letter of transmittal to the Department.

(b) A table of contents listing the main sections of the application.

(c) The permit fee specified in Rule 62-4.050, F.A.C., in check or money order payable to the Department.

(d) Engineer and/or geologist seal. Where required by Chapter 471 or 492, F.S., data presented in support of the application shall be signed and sealed by the professional engineer or professional geologist who prepared or approved the data.

(e) All construction, operation, closure, and ground water monitoring plans, data, drawings, photographs, and reports to support the application.

(f) All maps, plan sheets, drawings, isometrics, or cross-sections to support the application, which shall be legible and:

1. Signed and sealed by the registered professional engineer responsible for their preparation. Wherever possible drawings should be no larger than 24 by 36 inches, folded to 9 by 12 inches. Illustrations, tables or drawings reduced in size should be no smaller than 8 1/2 by 11 inches,

2. Of appropriate scale to show clearly all required details,

3. Numbered, referenced to the narrative, and titled, with a legend of symbols used, horizontal and vertical scales (where applicable), and drafting or origination dates; and,

4. Use uniform scales as much as possible, contain a north arrow, and use National Geodetic Vertical Datum (NGVD) as a basis for all elevations.

(g) A map or aerial photograph of the area showing land use and zoning within one mile of the phosphogypsum stack system. This map, or photograph which shall be taken within one year of the permit application, shall be of sufficient scale to show all homes, industrial buildings, wells, water courses, dry runs, rock out-croppings, roads and other significant details. All significant features shall be indicated and labeled on the map or aerial photograph.

(h) A plot plan of the phosphogypsum stack system site showing dimensions, original elevations, proposed final contours and location of soil borings. Cross sections shall be included on the plot plan or on separate sheets showing both the original and proposed elevations. The scale of the plot plan shall not be greater than 200 feet to the inch.

(i) Topographic maps at a scale of not over 200 feet to the inch with five-foot contour intervals. These maps shall show at least: the proposed phosphogypsum stack system area; access roads; grades required for proper drainage; and a typical cross section of any phosphogypsum stacks, cooling ponds, and process wastewater drainage conveyances.

(j) A hydrogeological investigation in accordance with Rule 62-701.410, F.A.C., which is incorporated by reference herein.

(k) A geotechnical investigation in accordance with Rule 62-701.420, F.A.C., which is incorporated by reference herein.

(l) Evidence of an approved laboratory to do ground water monitoring in accordance with Rule 62-160, F.A.C.

(m) A demonstration of ownership or control of the property.

(n) Financial documents assigned to the Department which ensure the financial responsibility for the closing and long-term care of the phosphogypsum stack system.

(4) Notice of application. An applicant for a permit to construct, expand, or close a phosphogypsum stack system shall publish and provide proof of publication to the Department, at its own expense, a Notice of Application in a newspaper of general circulation in accordance with Rule 62-103.150, F.A.C.

(5) Construction, operation and closure permits. After receipt of a complete application to construct, operate, expand, or close a phosphogypsum stack system, the Department shall:

(a) Issue a construction and operation permit for a new or expanded phosphogypsum stack system. After all significant initial construction has been completed and before operation, the engineer shall complete a Certificate of Construction Completion, Form 62-673.900(2), Certification of Construction Completion for a Phosphogypsum Stack System, effective 3-25-93, which is adopted and incorporated herein by reference, and contact the Department to arrange for Department representatives to inspect the facility in the company of the permittee and the engineer. This form may be obtained by contacting the appropriate district office or by writing the Department of Environmental Protection, Bureau of Mining and Minerals Regulation, Phosphate Management Program, 13051 North Telecom Parkway, Temple Terrace, Florida 33637-0926. The inspection is to ensure that the facility has been constructed in accordance with the approved permit. The facility shall not be operated or accept phosphogypsum or process wastewater except as necessary for construction and testing until the Department has found that all applicable submissions required for the permit, including financial responsibility documentation, have been received and found acceptable, or

(b) Issue an operation permit for a new or expanded phosphogypsum stack system that has been satisfactorily constructed, or to an existing system which is being operated in accordance with applicable portions of this chapter at the time for renewal of their permit, or

(c) Issue a closure permit for closing and long-term care of the system that has satisfied the requirements of Rules 62-673.600-.640, F.A.C. Permits shall be renewed in accordance with Rule 62-4.070, F.A.C., or

(d) Deny the issuance of a permit if reasonable assurances are not provided that the applicable requirements of Chapters 62-4 and 62-673, F.A.C., will be satisfied.

(6) The design dimensions of a phosphogypsum stack system and the dimensions of the ground water vertical and horizontal zone of discharge shall be established in the permit for any new phosphogypsum stack system or lateral expansion of an existing system. A zone of discharge for an existing installation shall be established or modified in accordance with Rule 62-522.500, F.A.C., at the time of permit renewal, or at the time of issuance of a temporary operating permit.

History

• Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS. History–New 3-25-93, Formerly 17-673.320, Amended 1-16-97, 5-9-13.

Fla. Admin. Code R. 62-673.340 Phosphogypsum Stack System General Criteria

(1) Performance standards. A phosphogypsum stack system shall be designed, constructed, operated, maintained, closed, and monitored throughout its design period to control the movement of waste and waste constituents into the environment so that ground water and surface water quality standards and criteria of Chapters 62-302 and 62-520, F.A.C., will not be violated beyond the applicable zone of discharge specified for the system.

(2) Location requirements.

(a) Set back distances shall be maintained between the phosphogypsum stack system and the property boundary of sufficient width to allow for location of ground water monitoring wells in a manner that will enable detection of ground water quality changes before contaminant transport to the boundary of the permittee’s zone of discharge.

(b) No part of a phosphogypsum stack system shall be located in the 100-year flood plain where it will restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the flood plain unless compensating storage is provided, or result in a washout of any part of the system.

(c) After completion of construction, phosphogypsum stack systems shall not be located within 200 feet of any natural or artificial surface water of the state, except bodies of water contained completely within the property boundaries of the facility which do not discharge from the site to surface waters unless special design features are used to assure that construction and operation of the system will not result in a violation of applicable water quality standards.

(d) Phosphogypsum stack systems shall not be located within 500 feet of an existing or approved shallow water supply well used for drinking water unless disposal takes place in a phosphogypsum stack system for which a complete permit application was filed, or which was originally permitted, before the shallow water supply well was in existence.

(3) Operation plan. The owner or operator of a phosphogypsum stack system shall have an operation plan that provides written, detailed instructions for the daily operation of the system. The operation plan shall be kept at or near the facility and shall be accessible to operators of the system.

(4) Ground water monitoring.

(a) Monitor well location, construction, and the collection and testing of samples shall be as specified in Rules 62-522.600 and 62-4.246, F.A.C., and Chapter 62-160, F.A.C.

(b) All ground water monitoring data shall be displayed in graphic form for analyzing trends in water quality.

(c) When requested by the Department the facility operator shall inform the Department of the next sampling schedule so that a representative of the Department may be present to collect a split sample.

(5) Surface water management. Phosphogypsum stack systems shall be operated to provide for the collection, control, recycling and treatment of surface runoff from the site as necessary to meet the applicable water quality standards of Chapters 62-520 and 62-302, F.A.C.

(6) Leachate management. Any leachate emanating from a phosphogypsum stack system shall be collected and routed to a cooling pond or surge pond, contained and treated as necessary to meet the applicable water quality standards of Chapters 62-302, 62-520, and 62-660, F.A.C.

(7) Interim Stack System Management Plan (ISSMP). The owner or operator of each phosphogypsum stack system shall submit a written ISSMP to the Department by July 1st following the effective date of these amendments (July 2, 2005). The ISSMP shall provide instructions for two years of operation and management of the specific phosphogypsum stack system should a shutdown occur such that no phosphoric acid will be produced at the facility for a two-year period. By July 1 of each following year, the owner or operator shall submit an updated ISSMP, taking into account the process wastewater levels and the existing stack system configuration as of June 1 of that year. The ISSMP shall include:

(a) A detailed description of process wastewater management procedures that will be implemented to insure that the stack system operates in accordance with all applicable Department permit conditions and rules. The procedures shall address the actual process wastewater levels present at the facility as of June 1 of each year and shall assume that the facility will receive average annual rainfall during the two year planning period;

(b) A detailed description of the procedures to be followed for the daily operation and routine maintenance of the stack system (including required environmental sampling and analyses) as well as for any maintenance or repairs recommended following annual inspections of the system;

(c) Identification of all machinery, equipment and materials necessary to implement the plan as well as actions that would be taken to assure the availability of these items during the planning period;

(d) Identification of the sources of power or fuel necessary to implement the plan as well as the actions that would be taken to assure the availability of power or fuel during the planning period; and,

(e) Identification of the personnel necessary to implement the plan, including direct labor required for paragraphs (a) and (b), above, and any necessary direct supervisory personnel, as well as the actions that would be taken to assure their availability and any required training of these personnel.

(8) No ISSMP is required for phosphogypsum stack systems that are closed, that are undergoing closure, or for which an application for a closure permit has been submitted pursuant to Rule 62-673.600, F.A.C., as of July 2, 2005.

History

• Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS. History–New 3-25-93, Formerly 17-673.340, Amended 12-11-96, 7-2-05.

Fla. Admin. Code R. 62-673.400 Phosphogypsum Stack System Construction Requirements

(1) Minimum design standards. The requirements of this rule are the minimum standards for constructing a phosphogypsum stack system. Nothing in this rule shall be construed to prevent the Department from imposing more stringent standards if necessary to protect the environment and the public health and safety due to site specific conditions. An applicant whose system design meets the design standards of this rule will be presumed to provide reasonable assurance that the performance standards of subsection 62-673.340(1), F.A.C., will be met. This presumption may be overcome through a demonstration that site-specific or situation-specific circumstances require the imposition of stricter standards in order to provide such reasonable assurances.

(2) Liner and leachate control systems. Phosphogypsum stacks shall be constructed with composite liners and leachate control systems. Cooling ponds shall be constructed with composite liners.

(a) Liners shall be:

1. Constructed of materials that have appropriate physical, chemical, and mechanical properties to prevent failure due to physical contact with the phosphogypsum, process wastewater or leachate to which they are exposed, climatic conditions, the stress of installation, and other applied stresses and hydraulic pressures which are anticipated during the operational and closure period of the system. The supplier of materials for the liner components shall provide test information accepted by the engineer of record, that supports the capabilities of the materials to meet these needs,

2. Installed upon a base and in a geologic setting capable of providing structural support to prevent overstressing of the liner due to settlements and applied stresses,

3. Constructed so that the bottom of the liner system is not subject to fluctuations of the ground water so as to adversely impact the integrity of the liner system,

4. Designed to resist hydrostatic uplift if the liner is located below the seasonal high ground water table; and,

5. Installed to cover all surrounding earth which could come into contact with the phosphogypsum, process wastewater or leachate.

(b) Liner design standards. The synthetic component of composite liners shall consist of a 60-mil or thicker geomembrane liner with a maximum water vapor transmission rate of .24 grams per square meter per day as determined by ASTM Method E96-80, procedure BW, “Test Methods for Water Vapor Transmission of Materials,” Sections 04.06, 08.03, and 15.09, which document is incorporated herein by reference. The other component of the composite liner shall consist of either of the following:

1. A layer of compacted soil at least eighteen inches thick, placed below the geomembrane, with a maximum hydraulic conductivity of 1 × 10-7 centimeters per second, constructed in six-inch lifts. The geomembrane liner component shall be installed in direct and uniform contact with the compacted soil component to retard leachate migration if a leak in the flexible membrane liner should occur.

2. A layer of mechanically compacted phosphogypsum at least 24 inches thick, placed above the geomembrane, with a maximum hydraulic conductivity of 1 × 10-4 centimeters per second.

(c) Any proposed composite liner design shall be accompanied by a detailed construction quality assurance plan prepared in accordance with the requirements of subsection 62-701.400(8), F.A.C., describing in detail how the design will be properly constructed in the field. For composite liners using compacted phosphogypsum, the quality assurance plan shall place particular emphasis on protection of the geomembrane during placement and compaction of the phosphogypsum, and on prompt placement of phosphogypsum on the geomembrane.

(d) The following liner design standards are adopted by reference and incorporated herein:

1. Paragraph 62-701.400(3)(d), F.A.C., standards for geomembranes, except for subparagraphs 2. and 3.,

2. Paragraph 62-701.400(3)(e), F.A.C., specifications for geosynthetic components. In addition, the synthetic liner material shall be subjected to continuous spark testing at the production facility prior to delivery to the site for installation. If the continuous spark testing detects any defect, the tested material must be rejected and not delivered to the site,

3. Paragraph 62-701.400(3)(f), F.A.C., standards for soil components,

4. Subsection 62-701.400(7), F.A.C., liner systems construction quality assurance; and,

5. Subsection 62-701.400(8), F.A.C., soil liner construction quality assurance.

(e) Leachate control system standards.

1. A perimeter underdrain system designed to stabilize the side slopes of the phosphogypsum stack shall be installed above the geomembrane liner.

2. Perimeter drainage conveyances used in the leachate control system shall either consist of covered or uncovered ditches which are lined continuously with the phosphogypsum stack liner, or of chemically compatible leachate collection pipes. Covered ditches shall have maintenance manholes installed at appropriate intervals. Piped systems shall have manholes or appropriate cleanout structures at appropriate intervals. In the event that unusual site specific hydrogeologic or structural conditions exist, the Department reserves the right to impose stricter standards consistent with obtaining appropriate reasonable assurance that ground water and surface water quality standards will be met.

3. All toe drain or leachate collection systems must be constructed within the lined system.

(f) Liquid containment and conveyance systems.

1. Composite liners shall be used on all liquid containments and conveyances associated with phosphogypsum transport, cooling water, and return of process wastewater. Exceptions are pumped flow systems contained in pipes.

2. Pump and piping systems associated with the transport of phosphogypsum or process wastewater and which cross surface waters must be double contained with chemically compatible materials in a manner that assures that all materials under pumped flow are contained within a lined system in the event of a leak or piping system failure.

History

• Rulemaking Authority 403.4154, 403.704, 403.061 FS. Law Implemented 403.4154, 403.707 FS. History–New 3-25-93, Formerly 17-673.400.

Fla. Admin. Code R. 62-673.600 Closure of Phosphogypsum Stacks

(1) Applicability. Rules 62-673.600-.650, F.A.C., are applicable to all existing phosphogypsum stack systems, active or inactive, except those closed or required to be closed under a Department permit or pursuant to a consent order in effect before 3-25-93. These rules also apply to all construction permit applications for new phosphogypsum stack systems.

(2) By September 21, 1993, owners or operators of inactive phosphogypsum stack systems shall submit a closure permit application to the Department on Form 62-673.900(3), Application for Permit to Close a Phosphogypsum Stack System, effective 3-25-93, which is adopted and incorporated herein by reference. This form may be obtained by contacting the appropriate district office or by writing the Department of Environmental Protection, Bureau of Mining and Minerals Regulation, Phosphate Management Program, 13051 North Telecom Parkway, Temple Terrace, Florida 33637-0926. The application shall include a closure plan as specified in Rule 62-673.610, F.A.C.

(3) By December 29, 2005, owners or operators of phosphogypsum stack systems shall submit general plans and schedules for closure of its phosphogypsum stack systems. This requirement shall not apply to systems that are closed, are undergoing closure, or for which an application for a closure permit has been submitted as of July 2, 2005. The general plans and schedules shall include:

(a) A description of the physical phosphogypsum stack system configuration as of the end of its useful life;

(b) A site-specific water management plan describing the procedures to be employed during closure of the system to manage the anticipated volume of process wastewater in accordance with Chapters 62-620, 62-672, and 62-673, F.A.C. The plan shall address the management, treatment, and disposal of ponded and pore process wastewater, both during closing activities and long-term care;

(c) An estimate of all costs associated with closure of the system, including the costs of closing, long-term care, and implementation of the site-specific water management plan, in accordance with subsection 62-673.640(2), F.A.C.; and,

(d) A description of all construction work necessary to properly close the system in accordance with Rule 62-673.610, F.A.C.

(4) Applicants for construction permits for new phosphogypsum stack systems or lateral expansions of existing systems shall include in the application general plans and schedules for closure of the facility, and shall comply with Rule 62-673.640, F.A.C.

(5) At least 90 days before the deactivation of a phosphogypsum stack system, the owner or operator shall submit a closure permit application including a closure plan to the Department to comply with Rule 62-673.610, F.A.C. For purposes of this rule, a phosphogypsum stack system is considered inactive when it is no longer receiving phosphogypsum and when the owner or operator does not intend to, and in fact does not, deposit any significant quantity of phosphogypsum there within one year.

(6) The owner or operator of a phosphogypsum stack system may request in writing a determination by the Department that the provisions of subsection (5), of this rule, shall not apply, and shall request approval of a temporary deactivation of the phosphogypsum stack system on a yearly basis. The Department shall authorize by order each temporary deactivation approved for an individual phosphogypsum stack system in accordance with this subsection or shall deny by order the request for such approval. Each request shall set forth at least the following information:

(a) The specific phosphogypsum stack system or phosphogypsum stack for which approval is sought;

(b) A demonstration that current economic conditions justify a temporary deactivation of the phosphogypsum stack system;

(c) An estimate of the duration of the temporary deactivation of the phosphogypsum stack system, and a demonstration that the stack system is reasonably expected to become active within this estimated time period; and,

(d) A description of the measures to be taken to assure that the phosphogypsum stack system will pose no significant threat to the public health and the environment during the temporary deactivation.

History

• Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS. History–New 3-25-93, Formerly 17-673.600, Amended 1-16-97, 7-2-05.

Fla. Admin. Code R. 62-673.610 Closure Plan Requirements

All closure plans shall address the following requirements, or shall contain an explanation of why the requirement is not applicable. Valid information on record in an existing permit or approved groundwater monitoring plan may be used to satisfy the applicable requirements of this rule.

(1) General information report. This report shall contain:

(a) Identification of the phosphogypsum stack system;

(b) Name, address and phone number of primary contact persons;

(c) Identification of persons or consultants preparing this report;

(d) Present property owner and phosphogypsum stack system operator;

(e) Location by township, range and section, and latitude and longitude of the phosphogypsum stack system;

(f) Total acreage of the phosphogypsum stack system and total acreage of the facility property;

(g) Legal description of the property on which the phosphogypsum stack system is located; and,

(h) History of the phosphogypsum stack system, including construction dates and a general description of operations.

(2) Area information report. A report on the area in which the phosphogypsum stack system is located shall be included in the closure plan. The report may use verifiable information available from published documents. The term “area” means that area which may affect or be affected by the phosphogypsum stack system, and at a minimum includes the land within a one-mile radius of the phosphogypsum stack system. The report shall be supplemented by maps and cross-section drawings. The following topics shall be addressed in the report:

(a) Topography;

(b) Hydrology, including surface water drainage patterns and hydrologic features such as surface waters, springs, drainage divides and wetlands;

(c) Geology, including the nature and distribution of lithology, unconsolidated deposits, major confining units and sinkholes;

(d) Hydrogeology, including depth to groundwater table, groundwater flow directions, recharge and discharge areas used by public and private wells within one mile of the phosphogypsum stack system;

(e) Ground and surface water quality;

(f) Land use information. The report shall include a discussion and maps indicating:

1. Identification of adjacent landowners,

2. Zoning,

3. Present land uses; and,

4. Roads, highways, right-of-ways, or other easements.

(3) Groundwater monitoring plan and site specific information. The closure plan shall include an approved groundwater monitoring plan containing site specific information which meets the criteria specified in subsection 62-522.600(3), F.A.C.

(4) Assessment of effectiveness of existing phosphogypsum stack system design and operation. Based on the area information report and the groundwater monitoring plan, an assessment shall be prepared which discusses the effects of the phosphogypsum stack system on adjacent ground and surface waters, and the phosphogypsum stack system area. Specific concerns to be addressed are:

(a) Effectiveness and results of the groundwater investigation; and,

(b) Effects of surface water runoff, drainage patterns, and existing storm water controls.

(5) Closure plan performance standards. The closure plan and closure design plan shall be developed to meet the following performance standards.

(a) Closure plans for phosphogypsum stack systems shall be designed to:

1. Control, minimize or eliminate, to the extent necessary to protect human health and the environment, the post closure escape of phosphogypsum, process wastewater, leachate, and contaminated runoff to ground and surface waters,

2. Minimize leachate generation,

3. Detect, collect, and remove leachate and process wastewater efficiently from the phosphogypsum stack system, and promote drainage of process wastewater from the phosphogypsum stack,

4. Be compatible with any required ground water or surface water corrective action plan,

5. Minimize the need for further maintenance.

(b) Closure plans for phosphogypsum stacks shall include a final cover system designed to:

1. Promote drainage off the stack;

2. Minimize ponding;

3. Minimize erosion;

4. Minimize infiltration into the phosphogypsum stack;

5. Function with little or no maintenance.

(c) Closure plans for ponds and drainage conveyances storing process wastewater shall be designed to:

1. Treat or remove from the ponds and drainage conveyances all process wastewater as soon as practical, either through return of the process wastewater to the manufacturing process, transfer of process wastewater to another pond permitted in accordance with this rule, in-situ treatment, or by treatment and subsequent discharge of the process wastewater under an appropriate discharge permit,

2. Place any sludges removed from a pond or drainage conveyance into an active phosphogypsum stack permitted in accordance with this rule, or an inactive stack undergoing closure in accordance with this rule. The closure plan shall contain a detailed description of procedures for removing or treating the sludges, methods for sampling and testing surrounding soils, and criteria for determining the extent of removal required to satisfy the closure performance standards.

(6) Closure design plan. A closure design plan shall be prepared to meet the closure plan performance standards and shall be based on the area information report, groundwater monitoring plan, and assessment of the effectiveness of the existing phosphogypsum stack system design and operation. The closure design plan shall consist of engineering plans and a report on closing procedures which shall apply to the closing of the phosphogypsum stack system and the monitoring and maintenance during the long-term care period. The closure design plan shall include the following information:

(a) A plan sheet showing phases of site closing.

(b) Drawings showing existing topography and proposed final elevations and grades.

(c) For phosphogypsum stacks, final cover installation plans showing the sequence of applying final cover, including thickness and type of material that will be used. All phosphogypsum stacks shall have a final cover designed to meet the performance standards. Final cover shall be placed over the entire surface of the phosphogypsum stack. The final cover shall be vegetated with drought-resistant species to control erosion, whose root systems will not penetrate any low-permeability barrier layer. Water balance calculations, based on available climatic data, shall be prepared which estimate the rates and volumes of water infiltrating the cover systems, collected by any leachate control system, and migrating out of the bottom of the stack or liner system. Final cover may consist of synthetic membranes, soils, or chemically or physically amended soils or phosphogypsum.

1. Side slopes and all other grades shall be designed to minimize erosion of the final cover material. Such designs shall consider the erosion susceptibility of the material proposed for final cover relative to historical rainfall patterns for the area, the ability to establish and maintain vegetation and special maintenance procedures proposed to insure that infiltration and erosion are minimized. If the side slopes of any stack are steeper than a two-foot horizontal run to one foot vertical rise, the closure design plan shall include a stability analysis demonstrating the longterm stability of the area.

2. Top gradients of final cover on phosphogypsum stacks shall be designed to prevent ponding or low spots and minimize erosion.

a. The final cover on the top gradient shall consist of a barrier soil layer at least 18 inches thick, emplaced in 6-inch thick lifts. A final, 18-inch thick layer of soil or amended phosphogypsum that will sustain vegetation to control erosion shall be placed on top of the barrier layer. For unlined stacks, the barrier layer shall have a maximum permeability of 1 × 10-7 cm/sec; for lined stacks, the barrier layer shall have a maximum permeability of 1 × 10-5 cm/sec. If less permeable soils are used, the thickness of the barrier layer may be decreased to 12 inches provided that infiltration is minimized to an equivalent degree.

b. A geomembrane may be used as an alternative to the low-permeability soil barrier for a final cover, constructed to preclude rainfall infiltration into the stack. A geomembrane used in final cover shall be a semi-crystalline thermoplastic at least 40 mils thick, or a non-crystalline thermoplastic at least 30 mils thick, with a maximum water vapor transmission rate of 2.4 grams per square meter per day, have chemical and physical resistance to materials it may come in contact with, and withstand exposure to the natural environmental stresses and forces throughout the installation, seaming process, and settlement of the phosphogypsum during the closure and long-term care period. A protective soil layer at least 24 inches thick shall be put on top of the geomembrane. Material specifications, installation methods, and compaction specifications shall be adequate to protect the barrier layer from root penetration, resist erosion, and remain stable on the final design slopes. This layer shall include soils or amended phosphogypsum that will sustain vegetative growth.

3. The closure design plan shall describe provisions for cover material for long-term care erosion control, filling other depressions, maintaining berms, and general maintenance of the phosphogypsum stack, and shall specify the anticipated source and amount of material necessary for proper closure of the stack.

(d) The type of leachate control system proposed. The leachate control system shall be designed to prevent leachate from causing violations of water quality standards beyond the approved zone of discharge for the phosphogypsum stack system in accordance with Chapters 62-520 and 62-522, F.A.C.

(e) Compliance with groundwater protection requirements. The closure design plan shall show how the phosphogypsum stack system will meet the water quality standards of Chapter 62-520, F.A.C. The groundwater monitoring plan and sampling schedule may be adjusted for a phosphogypsum stack system where groundwater contamination is not evident or corrective measures have been taken to correct contamination.

(f) The proposed method of stormwater control. This shall include control of stormwater occurring on the phosphogypsum stack system. Stormwater or other surface water which mixes with leachate shall be considered to be leachate and shall be treated to meet the applicable water quality standards of Chapter 62-302, F.A.C., at the point of discharge. The stormwater control plan shall meet the requirements of Chapter 62-25, F.A.C.; however, nothing herein shall be construed to preclude application of the requirements of the appropriate water management district.

(g) The proposed method of access control. The closure design plan shall describe how access to the closed phosphogypsum stack system shall be restricted to prevent any future waste dumping or use of the phosphogypsum stack system by unauthorized persons. Restricted access shall remain in force until the phosphogypsum stack system is stabilized and there is no evidence that the property is being used as an unauthorized dump site.

(h) A description of any proposed final use of the phosphogypsum stack system.

(i) Closure construction quality assurance plan. A detailed construction quality assurance plan shall be developed for construction activities associated with the closure of the phosphogypsum stack system, including each component of the final cover system. The plan shall specify quality assurance test procedures and sampling frequencies. Records shall be kept to document construction quality and demonstrate compliance with plans and specifications. Upon completion of closure activities a final construction quality assurance report shall be submitted to the Department, prepared by a registered professional engineer. The final report shall include at least the following information:

1. Listing of personnel involved in closure construction and quality assurance activities,

2. Scope of work,

3. Outline of construction activities,

4. Quality assurance methods and procedures,

5. Test results (destructive and non-destructive, including laboratory results); and,

6. Record drawings.

(7) Closure operation plan. A closure operation plan shall be included in the closure plan, and shall:

(a) Describe the actions which will be taken to close the phosphogypsum stack system, such as placement of cover, grading, construction of berms, ditches, roads, retention-detention ponds, installation or closure of wells and boreholes, installation of fencing or seeding of vegetation, protection of on-site utilities and easements;

(b) Provide a time schedule for completion of the closing and long-term care;

(c) Contain appropriate references to the closure design plan, area information report, groundwater monitoring plan, and other supporting documents;

(d) Describe the proposed method of demonstrating financial responsibility for the long-term monitoring and maintenance;

(e) Indicate any additional equipment and personnel needed to complete closure of the phosphogypsum stack system; and,

(f) Describe any proposed use of the system for water storage or water management.

(8) Certification by registered professional engineer. Information, plans, and drawings presented in support of a closure plan shall be prepared under the direction of, and certified by, a registered professional engineer authorized to practice in the State of Florida in accordance with the provisions of Chapter 471, F.S. A letter of appointment shall be submitted by the proper company official confirming that the engineer is authorized to prepare plans and specifications. The professional engineer or another qualified engineer shall be required to make periodic inspections during the closing of the phosphogypsum stack system to insure closure is being accomplished according to the closure plan.

(9) Nothing in the section is intended to preclude the construction of a lined cooling pond on top of an inactive phosphogypsum stack, as long as the pond is constructed in accordance with the applicable provisions of this chapter, and as long as the design is included in the closure plan. Within such a cooling pond, the requirements for minimizing ponding and establishing vegetation cover are not applicable.

History

• Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS. History–New 3-25-93, Formerly 17-673.610.

Fla. Admin. Code R. 62-673.620 Closure Procedures

(1) Closing inspections. The Department shall specify in the closure permit or closure plan which particular closing steps or operations must be inspected and approved by the Department before proceeding with subsequent closure actions.

(2) Final survey and record drawings. A final survey shall be performed after closure is complete by an engineer or a registered land surveyor to verify that final contours and elevations of the phosphogypsum stack system are in accordance with the plan as approved in the permit. Aerial mapping techniques which provide equivalent survey accuracy may be substituted for the survey. The survey or aerial mapping information shall be included in a report along with information reflecting the record drawings of the phosphogypsum stack system. Contours should be shown at no greater than five-foot intervals. The owner or operator shall submit this report to the Department in accordance with the closing schedule.

(3) Certification of closure construction completion. A certification of closure construction completion, signed, dated and sealed by the engineer of record, shall be provided to the Department upon completion of closure.

(4) Official date of closing. Upon receipt of the documents required in subsections (2) and (3), of this rule, the Department shall, within 30 days, acknowledge by letter to the facility operator that notice of termination of operations and closing of the phosphogypsum stack system has been received. The date of this letter shall be the official date of closing for purposes of determining the long-term care period.

(5) Use of closed phosphogypsum stack systems. Closed phosphogypsum stack systems, if disturbed, are a potential hazard to public health, groundwater and the environment. The Department retains regulatory control over any activities which may affect the integrity of the environmental protection measures such as the final cover, drainage, liners, monitoring system, or leachate and stormwater controls. Consultation with the Department is required before conducting activities at the closed phosphogypsum stack systems.

History

• Rulemaking Authority 403.061, 403.4154, 403.70 FS. Law Implemented 403.4154, 403.707 FS. History–New 3-25-93, Formerly 17-673.620.

Fla. Admin. Code R. 62-673.630 Long-Term Care

(1) Long-term care period. The owner or operator of any phosphogypsum stack system subject to the requirements of Rules 62-673.600-.620, F.A.C., shall be responsible for monitoring and maintenance of the facility in accordance with an approved closure plan for 50 years from the date of closing. Before the expiration of the long-term care monitoring and maintenance period the Department may extend the time period if the closure design or closure operation plan is found to be ineffective.

(2) Reduced long-term care period. The owner or operator of a phosphogypsum stack system may apply to the Department for a reduced long-term care schedule if reasonable assurance is provided to the Department that there is no significant threat to human health or the environment and if the phosphogypsum stack system:

(a) Has been constructed and operated in accordance with approved standards, has a leachate control system and a liner;

(b) Was closed with appropriate final cover, vegetative cover has been established, and a monitoring system has been installed;

(c) Has a 20-year history after closure of no violations of water quality standards or criteria detected in the monitoring system, and no increases over background water for any monitoring parameters which may be expected to result in violations of water quality standards or criteria; and,

(d) Has had no detrimental erosion of cover.

(3) Right of access. The owner or operator of the phosphogypsum stack system shall possess or acquire a sufficient interest in, or a right to use, the property for which a permit is issued, including the access route onto the property to carry out the requirements of this rule. The permittee shall retain the right of entry to the phosphogypsum stack system for the long-term care period, after termination of disposal operations, for inspection, monitoring and maintenance of the site.

(4) Successors in interest. Any person acquiring rights or ownership, possession or operation of a permitted phosphogypsum stack system through lease or transfer of property shall be subject to all requirements of the permit for the facility and shall provide any required proof of financial responsibility to the Department in accordance with this rule. Any lease or transfer of property shall include specific conditions to delineate:

(a) The previous owner or operator is responsible for closure and shall maintain any required proof of financial responsibility until the person acquiring ownership, possession or operation of the phosphogypsum stack system establishes the required proof of financial responsibility with the Department;

(b) Responsibility for the continuance of monitoring, maintenance, and correction of deficiencies or problems; and,

(c) Mineral rights attached to the property and the rights to any recoverable materials that may be buried on the property. A Department permit shall be required if any onsite operations subsequent to closure involve disturbing the phosphogypsum stack system.

(5) Transfer of permit. Transfer of the phosphogypsum stack system permit shall be in accordance with the provisions of Rule 62-4.120, F.A.C., and this rule.

(6) Replacement of monitoring devices. If a monitoring well or other device required by the monitoring plan is destroyed or fails to operate for any reason, the phosphogypsum stack system owner or operator shall, immediately upon discovery, notify the Department in writing. All inoperative monitoring devices shall be replaced with functioning devices within 60 days of the discovery of the malfunctioning unit unless the owner or operator is notified otherwise in writing by the Department.

History

• Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS. History–New 3-25-93, Formerly 17-673.630.

Fla. Admin. Code R. 62-673.640 Financial Assurance

(1) Applicability. As a condition for the issuance of a permit to construct, operate, expand, modify, or close a phosphogypsum stack system, the owner or operator shall provide proof of financial assurance for the cost of closure of the system, as estimated in accordance with subsection (2), of this rule, by using one or more of the financial assurance mechanisms listed in subsections (4), and (5), of this rule (in any combination). Such proof of financial assurance must be submitted within 60 days of the owner or operator’s fiscal year end, and annually thereafter.

(2) Closure cost estimates.

(a) The owner or operator shall estimate and report separately the costs of terminal closure, including closing, long-term care, and water management, for the phosphogypsum stack system, based on the stack system configuration as of the end of its useful life. The annual cost of long-term care shall be multiplied by 50 years for a total long term care cost. If the phosphogypsum stack system is undergoing closure or has been closed in accordance with a closure permit pursuant to Rule 62-673.600, F.A.C., the annual cost of long-term care shall be multiplied by the number of years remaining in the 50 year period to reflect the number of years that the stack has been closed. Owners or operators using the financial assurance mechanism identified in subparagraph 62-673.640(4)(a)8., F.A.C., additionally shall estimate and report closure costs for its Florida phosphogypsum stack systems in accordance with the methodology established by Statement of Financial Accounting Standard No. 143. The owner or operator shall submit the estimates on Form 62-673.900(4)(j), together with all supporting documentation, to the Department for approval along with the proof of financial assurance. The costs shall be estimated by a professional engineer registered in the State of Florida in accordance with provisions of Chapter 471, F.S., for a third party performing the work, on a per unit basis, with the source of estimates indicated.

(b) Closing costs shall include estimated costs of cover material, topsoil, seeding, fertilizing, mulching, labor, and any other costs of compliance with Rules 62-673.610 and 62-673.620, F.A.C.

(c) Long-term care costs shall include land surface care, surface water and groundwater monitoring, collection and analysis, and any other costs of compliance with Rule 62-673.630, F.A.C.

(d) Water management costs shall include the costs of implementing the site-specific water management plan specified in paragraph 62-673.600(3)(b), F.A.C. These costs shall be calculated on the basis of the cost of treatment and subsequent disposal of the process wastewater under an appropriate permit.

(3) Required financial assurance submittals.

(a) During the life of the phosphogypsum stack system, the owner or operator shall submit annually a closure cost estimate that is adjusted for inflation and changes in the closing, water management, and long-term care plan. Such adjustments shall be made either by recalculating the cost of closure, water management, and long-term care, in current dollars, or using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Businesses. Owners or operators using the financial assurance mechanism identified in subparagraph 62-673.640(4)(a)8., F.A.C., also shall estimate and report closure costs for its Florida phosphogypsum stack systems in accordance with the methodology established by Statement of Financial Accounting Standard No. 143. The owner or operator shall re-estimate the closure costs in conjunction with the issuance or renewal of the permit.

1. If the owner or operator, or any entity providing the corporate guarantee no longer meets the requirements of the financial test being used, or another financial mechanism being used no longer remains valid, then the owner or operator must notify the Department of its intent to establish an alternate financial assurance within 10 days of failure of the financial assurance mechanism provided. Within 30 days of failure to meet the financial assurance mechanism provided, the owner or operator, or the entity providing the corporate guarantee, shall provide alternate financial assurance as specified in this rule. The Department may require reports of financial condition in addition to those specified in this rule based on a reasonable belief that the owner or operator, or any entity providing the corporate guarantee, no longer meets the requirements of the financial test being used, or another financial mechanism being used no longer remains valid. If the Department finds, on the basis of such reports or other information, that the requirements of the financial test being used are no longer being met, or that another financial mechanism being used does not remain valid, then the owner or operator, or the entity providing the corporate guarantee, shall provide alternate financial assurance as specified in this rule within 30 days after notification of such finding.

2. If the owner or operator demonstrates to the Department that the value of the financial mechanism (excluding seasonal, cyclical or periodic changes in value) exceeds the total amount of the closure cost estimate, then the Department will allow the owner or operator to reduce the value of the financial mechanism to reflect the new estimate.

(b) The owner or operator, and any entity providing a corporate guarantee, shall prepare balance sheets, income statements, and cash flow statements, according to generally accepted accounting principles within the United States and reported in United States dollars. The owner and operator, and any entity providing a corporate guarantee, shall submit such information to the Department quarterly within 65 days of the end of each fiscal quarter. Cash flow for purposes of confirming quarterly qualification of the financial test shall be based on the sum of the most recent four quarters’ cash flow from operations.

(c) The owner or operator, and any entity providing a corporate guarantee, shall submit an audited financial statement annually along with the annually adjusted closure cost estimate within 90 days of the entity’s fiscal year end. When an owner or operator and its corporate guarantor file consolidated financial statements, the audited annual financial statements of the parent guarantor shall constitute responsive audited financial statements of each for purposes of this paragraph.

(d) Any owner or operator, or any entity providing a corporate guarantee, in default on any of its financial obligations shall report such default to the Department within ten business days of discovery, notice or determination. Financial obligations shall include loans, bonds, or other credit instruments.

(4) Approved financial assurance mechanisms. An owner or operator may use one or more of the following financial assurance mechanisms, in any combination, to meet the requirements of subsection (1), of this rule: letter of credit, insurance, guarantee bond, performance bond, cash deposit arrangement, or financial test or corporate guarantee as defined in subsection (5), of this rule. Proof of financial assurance shall be submitted annually within 90 days of the end of the fiscal year, unless otherwise required more frequently elsewhere by Rule 62-673.640, F.A.C. The financial information shall be submitted on forms provided by the Department in accordance with the requirements of subsection (6), of this rule.

(a) Cash Deposit Arrangement.

1. A cash deposit arrangement, as used in this subsection, means a trust fund, business or statutory trust, escrow account, or similar cash deposit entity whereby a fiduciary holds and invests funds deposited by the owner or operator, which funds shall be expended upon direction or approval from the Department, and only for the purpose of directly implementing all or some portion of phosphogypsum stack system closure requirements of that particular owner or operator. If the cash deposit arrangement is a trust fund, it must be submitted on Form 62-673.900(4)(a).

2. If the owner or operator uses a cash deposit arrangement as a financial assurance mechanism, the trustee, escrow agent, or other fiduciary of such an arrangement shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency. The owner or operator may either fund the trust through (a) monthly, quarterly, or annual cash deposits in accordance with subparagraph (4)(a)8., of this rule, or (b) by a single cash deposit to the extent that payment of the costs of closure are not covered by any other means. If the financial test is used in conjunction with the cash deposit arrangement, the amount in the cash deposit arrangement shall be credited against the costs of closure used in the financial test.

3. Any cash deposit arrangement must be established for the sole benefit of the Department and qualify to be free of claims of or against the owner or operator in a bankruptcy case or proceeding. A cash deposit arrangement may not be pledged or hypothecated for any other debt or obligation.

4. The trustee of any cash deposit arrangement shall discharge his duties with the care, skill, prudence, and diligence under the circumstances that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.

5. Neither the fund entity nor the trustee thereof shall be a related party to the owner, operator, or any affiliate thereof.

6. The existence of a cash deposit arrangement shall not affect the primary responsibility and obligation of the owner or operator to fund and perform closure of the facility.

7. Subject to pre-approval by the Department, the owner or operator may use funds in a cash deposit arrangement to reimburse or to pay directly the costs of closure; and to the extent the costs of closure have been paid or otherwise reduced, the aggregate amount of the cash deposit arrangement shall be reduced.

8. The owner or operator of a phosphogypsum stack system may demonstrate financial assurance for the cost of closure of the system by making deposits into a cash deposit account in accordance with the following schedule:

a. Within 60 days of the fiscal year end following July 2, 2005, the owner or operator shall make an initial cash deposit in an amount equal to at least 20% of the funding obligation.

b. Within one year after the initial cash deposit, the owner or operator shall deposit an amount sufficient to bring the balance in the cash deposit account to at least 36.5% of the funding obligation.

c. Within two years after the initial cash deposit, the owner or operator shall deposit an amount sufficient to bring the balance in the cash deposit account to at least 50.5% of the funding obligation.

d. Within three years after the initial cash deposit, the owner or operator shall deposit an amount sufficient to bring the balance in the cash deposit account to at least 62% of the funding obligation.

e. Within four years after the initial cash deposit, the owner or operator shall deposit an amount sufficient to bring the balance in the cash deposit account to at least 70% of the funding obligation.

f. Within five years after the initial cash deposit, the owner or operator shall deposit an amount sufficient to bring the balance in the cash deposit account to at least 75% of the funding obligation.

g. Within six years after the initial cash deposit, the owner or operator shall deposit an amount sufficient to bring the balance in the cash deposit account to at least 80% of the funding obligation.

h. Within seven years after the initial cash deposit, the owner or operator shall deposit an amount sufficient to bring the balance in the cash deposit account to at least 85% of the funding obligation.

i. Within eight years after the initial cash deposit, the owner or operator shall deposit an amount sufficient to bring the balance in the cash deposit account to at least 90% of the funding obligation.

j. Within nine years after the initial cash deposit, the owner or operator shall deposit an amount sufficient to bring the balance in the cash deposit account to at least 95% of the funding obligation.

k. Within ten years after the initial cash deposit, the owner or operator shall deposit an amount sufficient to bring the balance in the cash deposit account to at least 100% of the funding obligation.

l. Annually thereafter, the owner or operator shall maintain a balance in the cash deposit account in an amount equal to 100% of the funding obligation. For purposes of this subparagraph, the term “funding obligation” shall mean the asset retirement obligation calculated for the Florida phosphogypsum stack system in accordance with the methodology established by Statement of Financial Accounting Standards No. 143.

9. Once the Department determines that the purpose of such cash deposit arrangement has been accomplished, the Department shall authorize the trustee to return to the grantor any funds remaining in the trust, escrow account, or other cash deposit arrangement.

10. The owner or operator may terminate the cash deposit arrangement upon providing a substitute financial assurance mechanism that has been approved and accepted by the Department. The trustee of the cash deposit arrangement may disburse the funds to the owner or operator, once the Department accepts a substitute financial assurance mechanism.

(b) Surety Bond. If the owner or operator uses a performance or guarantee bond as a financial mechanism, the surety must be listed as an approved surety under the U.S. Treasury Department’s Circular 570. If the status of the surety changes to “suspended” or “terminated” under Circular 570, the owner or operator shall notify the Department within 10 days of such event.

(c) Insurance. If the owner or operator uses insurance as a financial mechanism, neither the owner nor operator, nor any affiliate thereof, shall be a related party to the insurer. Further, any such insurer must have a “secured” financial strength rating of B+ or better by A.M. Best.

(d) If the owner or operator uses a letter of credit as a financial assurance mechanism, neither the owner nor operator, nor any affiliate thereof, shall be a related party to the issuer. The letter of credit shall be provided by a financial institution that is federally insured.

(e) Any owner or operator using one of the mechanisms listed in this section is required to notify the Department within 10 days of the cancellation, disqualification, revocation or failure of the instrument, mechanism or issuing authority, and provide alternative financial assurance within 30 days thereafter. Nothing herein shall relieve a financial institution of its obligation to provide the Department with notice when it intends to cancel a financial assurance mechanism.

(5) Financial test or corporate guarantee.

(a) In lieu of, or in addition to, the financial mechanisms described in subsection (4), of this rule, an owner or operator may use a financial test or corporate guarantee to meet the requirements of subsection (1), of this rule. These shall be submitted on forms provided by the Department in accordance with the requirements of subsection (6) of this rule. For purposes of this subsection, “total liabilities” shall equal those reported on the applicable balance sheet, “tangible net worth” shall equal net worth less any intangible assets reported on the applicable balance sheet, “total assets” shall equal those reported on the applicable balance sheet, and “asset retirement obligation” shall equal the total amount of the liability for asset retirements as reported on the balance sheet. For purposes of this subsection, “closure obligation” means either the estimated cost of closure as required by this subsection, or the total asset retirement obligation reported on the permittee’s annual financial statement, whichever is greater. An owner or operator may use the financial test as a financial mechanism if the asset retirement obligation reported on the balance sheet includes the current closure cost estimate as required by this subsection, including the cost to implement the site specific water management plan, and if the asset retirement obligation includes all retirement obligations of the owner or operator in Florida and the rest of the world. To pass the financial test, the owner, operator or guarantor shall meet the criteria of either subparagraph 62-673.640(5)(a)1. or 2., F.A.C., as follows, for that portion of the closure obligation not covered by another financial assurance mechanism:

1. The owner, operator or guarantor must have:

a. A ratio equal to or less than 1.50 comparing total liabilities to tangible net worth,

b. A ratio equal to or greater than 0.10 comparing cash flow from operations to total liabilities for the current year, a ratio equal to or greater than 0.10 comparing cash flows from operations to total liabilities, averaged over the current and preceding fiscal year, or a ratio of current assets to current liabilities greater than 1.5 for the current fiscal year,

c. Tangible net worth at least six times the closure obligation; and,

d. Tangible assets located in the United States totaling at least ten times the closure obligation.

2. The owner, operator or guarantor must have:

a. A current bond rating applicable to the most recently issued unsecured bond, with a remaining maturity of at least five years and a cumulative maturity value of the greater of $100,000,000.00 million or 5% of the company’s total assets, of the owner or operator, that has an investment grade rating defined as a BBB- rating or better, from Standards and Poor’s or Fitch IBCA/Duff & Phelps bond rating service or a Baa3 rating or better from Moody’s bond rating service, as determined and assigned by at least one of these bond rating services,

b. Tangible net worth at least two times the closure obligation; and,

c. Tangible assets located in the United States totaling at least five times the closure obligation.

(b) All reported figures shall be in United States dollars, determined in accordance with generally accepted accounting principles within the United States. All entities using the financial test shall provide the Department with a copy of their audited financial statements together with the required financial assurance statements. Financial assurance statements and audited financial statements shall be submitted to the Department within 90 days of the entity’s fiscal year end. Failure to meet these requirements shall disqualify the entity from using the financial test in subsection (6), for the next four quarters. No entity that has received an adverse opinion, a disclaimer of opinion or a “going concern qualification” to the opinion on the subject audited financial statements shall qualify to use the financial test. Any entity that has qualified for the financial test, but which subsequently no longer meets the test or receives a revision to its audit opinion that would disqualify the entity from using the financial test, shall report the same to the Department within ten days and provide alternative financial assurance within 30 days thereafter.

(c) If the Department determines that specific events have occurred that make it reasonable to expect that the owner or operator no longer meets the requirements above, it shall require the owner or operator to demonstrate that it continues to meet the requirements of the financial test. These events include default under a financial obligation or an adverse change in the bond rating that lowers the rating below investment grade of any of the owner’s obligations. If the owner or operator submits two consecutive quarterly financial statements, as required in paragraph (3)(b), of this rule, each indicating that the owner or operator does not meet the financial test, it shall prepare and submit an audited financial statement covering the previous 12 months or provide an alternate financial assurance mechanism. If the Department finds that the owner or operator does not meet the financial test, the Department shall require that a financial mechanism other than the financial test be used. Any entity using the financial test shall notify the Department within 10 days of any event of default under its financial obligations, any waiver, restructuring or deferral of loan or bond provisions to prevent or avoid an event of default, or downgrading of the bond rating of any bond of the owner or operator.

(d) An owner or operator using the financial test may ask to supplement its financial assurance by one or more of the financial mechanisms specified in subsection (4), of this rule if it cannot meet one of the financial test criteria. If the financial test is used along with another financial assurance mechanism, the closure obligation to be met by the financial test will be reduced by the amount assured by the other financial mechanisms.

(6) 40 C.F.R. Part 264 Subpart H (revised as of July 1, 2000), which contains EPA’s rules on financial requirements for owners and operators of hazardous waste facilities is hereby adopted and incorporated by reference, except:

(a) The following sections of 40 C.F.R. Part 264 Subpart H are specifically not adopted as part of this rule:

1. 264.140(a); 264.140(b); 264.140(d); 264.141(a); 264.141(e); 264.142(b); 264.142(c); 264.144(b); 264.144(c); 264.147; 264.149; 264.150 and 264.151.

2. All references to 40 C.F.R. Part 265.

3. All references to sections or subparts of 40 C.F.R. 264 not contained in Subpart H.

4. All references to EPA Regions.

5. All references to RCRA or Section 3008 of RCRA.

(b) References to 40 C.F.R. 264.143(f)(1) and 264.145(f)(1) shall mean subsection 62-673.640(5), F.A.C. References in 40 C.F.R. 264 Subpart H to the United States Environmental Protection Agency (EPA) shall mean the State of Florida Department of Environmental Protection; to Regional Administrator shall mean the Secretary of the Department; to RCRA permits shall mean phosphogypsum stack system permits; to post-closure care/post-closure cost estimate shall mean long-term care/long-term cost estimate; to EPA identification number shall mean the Department identification number; to hazardous waste shall mean phosphogypsum; to hazardous waste treatment, storage or disposal facilities shall mean phosphogypsum stack systems; to Section 3008 of RCRA shall mean Department Agency Action; and to one or more states means in the State of Florida.

(c) The series of financial assurance forms, Forms 62-673.900(4)(a)-(j), which are adopted and incorporated herein by reference, shall be used when submitting proof of financial assurance under this rule. These forms may be obtained by contacting the appropriate district office or by writing the Department of Environmental Protection, Bureau of Mine Reclamation, 2051 East Dirac Drive, Tallahassee, Florida 32310-3760.

1. Form 62-673.900(4)(a), Phosphogypsum Stack System Trust Fund Agreement to Demonstrate Closure, Water Management and/or Long-Term Care Financial Assurance, effective 7-2-05.

2. Form 62-673.900(4)(b), Phosphogypsum Stack System Standby Trust Fund Agreement to Demonstrate Closure, Water Management and/or Long-Term Care Financial Assurance, effective 7-2-05.

3. Form 62-673.900(4)(c), Phosphogypsum Stack System Irrevocable Standby Letter of Credit, effective 7-2-05.

4. Form 62-673.900(4)(d), Phosphogypsum Stack System Insurance Certificate to Demonstrate Closure, Water Management and/or Long-Term Care Financial Assurance, effective 7-2-05.

5. Form 62-673.900(4)(e), Phosphogypsum Stack System Financial Guarantee Bond to Demonstrate Closure, Water Management and/or Long-Term Care Financial Assurance, effective 7-2-05.

6. Form 62-673.900(4)(f), Phosphogypsum Stack System Performance Bond to Demonstrate Closure, Water Management and/ or Long-Term Care Financial Assurance, effective 7-2-05.

7. Form 62-673.900(4)(g), Phosphogypsum Stack System Letter from Chief Financial Officer to Demonstrate Closure, Water Management and/or Long-Term Care Financial Assurance, effective 7-2-05.

8. Form 62-673.900(4)(h), Phosphogypsum Stack System Corporate Guarantee, effective 7-2-05.

9. Form 62-673.900(4)(i), Financial Assurance Tests for Closure, Water Management and/or Long-Term Care Costs, effective 7-2-05.

10. Form 62-673.900(4)(j), Phosphogypsum Stack System Closure, Water Management and Long-Term Care Cost Estimate, effective 7-2-05.

History

• Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS. History–New 3-25-93, Formerly 17-673.640, Amended 1-16-97, 7-2-05.

Fla. Admin. Code R. 62-673.650 Closure of Unlined Systems

(1) Closure of existing systems. No phosphogypsum or process wastewater shall be placed in an unlined phosphogypsum stack system after March 25, 2001; however, such systems may be used for water storage and water management purposes to facilitate closure. Final closure of each unlined system shall be completed as expeditiously as practicable and no later than five years after it ceases accepting phosphogypsum. For purposes of this subsection, “unlined” means that the phosphogypsum stack or cooling pond was constructed without an installed liner made of synthetic materials, soils, or a combination of these and approved by the Department at the time of construction.

(2) The provisions of subsection (1), of this rule, shall not apply to a phosphogypsum stack system, or any portion of that system, if the owner or operator of that system demonstrates to the Department that:

(a) Such system was not causing any violation of a Department water quality standard or criterion on March 25, 1993, and is not reasonably expected to cause any such violation after March 25, 1993, or

(b) The owner or operator will implement corrective measures which will contain seepage from the stack system at or within the permitted zone of discharge and, through further corrective measures or as a result of natural processes, ground water quality at the edge of the permitted zone of discharge will be in compliance with all applicable Department standards and criteria by March 25, 2001.

(3) The demonstrations authorized by subsection (2), of this rule, may be made through a permit application or through submittals required by a consent order or an amendment to an existing consent order issued by the Department.

(4) Nothing in this rule shall be construed to limit the Department’s authority to require closure of any phosphogypsum stack system as part of an enforcement action as necessary to protect the public health or the environment.

History

• Rulemaking Authority 403.061, 403.4154, 403.704 FS. Law Implemented 403.4154, 403.707 FS. History–New 8-1-93, Formerly 17-673.650.

Chapter 62-699 TREATMENT PLANT CLASSIFICATION AND STAFFING

Fla. Admin. Code R. 62-699.200 Definitions

For the purposes of this chapter, the following words, phrases, or terms shall have the following meaning.

(1) “APPROVED COUNTY HEALTH DEPARTMENT” means Broward, Hillsborough, Lee, Miami-Dade, Palm Beach, Polk, Sarasota, or Volusia County Health Department pursuant to Section 403.862(1)(c), F.S.

(2) “AUtomatic Control SYSTEM” means an on-site computerized system with sensors and programs that can adjust and control domestic wastewater or water treatment plant equipment and processes over the normal range of expected operating conditions without operator assistance.

(3) “BIOSOLIDS TREATMENT FACILITY” means a facility that treats biosolids from other facilities for the purpose of meeting the requirements of Chapter 62-640, F.A.C., before use or land application. Biosolids treatment facilities can also treat domestic septage and combinations of biosolids, domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application.

(4) “CONSECUTIVE SYSTEM” means a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

(5) “DELEGATED LOCAL PROGRAM” means Broward County (collection systems only), Miami-Dade County, Hillsborough County, Palm Beach County, or Sarasota County pursuant to Section 403.182, F.S.

(6) “Department” means the Department of Environmental Protection, any of the approved county health departments, or any of the delegated local programs.

(7) “ELECTRONIC CONTROL SYSTEM” means a comprehensive automatic control system plus electronic surveillance system along with capability for manual adjustment and control of domestic wastewater or water treatment plant equipment and processes via a computerized system at a central or off-site location that is staffed by a Class C or higher treatment plant operator 24 hours per day and seven days per week.

(8) “Electronic Surveillance SYSTEM” means a system that monitors operation of a domestic wastewater or water treatment plant and transmits the results of such monitoring by electronic means to a central or off-site location. The use of a telephone for communication between the lead/chief operator and plant personnel is not considered electronic surveillance.

(9) “Lead OR Chief Operator” means the licensed operator who is in responsible charge of a domestic wastewater or water treatment plant or water distribution system and whose responsibilities include supervising all other persons who are employed to operate the plant or distribution system, performing on-site plant or distribution system operation, performing electronic control system operation, and making decisions that relate to the daily operational activities of the plant or distribution system and that directly impact the quality or quantity of effluent, reclaimed water, or drinking water.

(10) “ONSITE,” when referring to operating, staffing, visiting, or checking a domestic wastewater or water treatment plant, means at the location of the plant; and when referring to operating or staffing a water distribution system, means at the location of the distribution system pipe, pumps, or tanks where operation or maintenance activities that may affect water quality or quantity are taking place.

(11) “OPERATOR” means any person who is in on-site charge of the actual operation, supervision, and maintenance of a domestic wastewater or water treatment plant or water distribution system and includes the person in onsite charge of a shift or period of operation during any part of the day. Operator also means any person operating an electronic control system. Such persons shall be licensed in accordance with Chapter 62-602, F.A.C.

(12) “Permittee” means the person or entity to which a permit for a domestic wastewater facility is issued by the Department.

(13) “Visit” means an on-site examination of a domestic wastewater or water treatment plant to ensure that equipment is functioning properly, to ensure that chemical supplies are sufficient, and to record the quantity or quality of wastewater or drinking water being treated and other relevant information.

(14) “WATER MAIN” means the following:

(a) All piping, regardless of size, conveying finished water, as defined in Rule 62-550.200, F.A.C., from a water treatment plant to either a fire hydrant lead or a water service line; and,

(b) All fire hydrant leads that are under the control of a regulated public water system.

(15) “WATER SERVICE LINE” means the following:

(a) Piping conveying finished water, as defined in Rule 62-550.200, F.A.C., to a single or dual meter box that serves one or two buildings, one or two irrigation systems, or one building and one irrigation system, or

(b) Piping conveying finished water, as defined in Rule 62-550.200, F.A.C., to a single building, irrigation system, or fire protection system.

(16) “WHOLESALE SYSTEM” means a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

History

• Rulemaking Authority 403.869, 403.88(4) FS. Law Implemented 403.182, 403.852, 403.862, 403.866 FS. History–New 10-15-07, Amended 3-6-13.

Fla. Admin. Code R. 62-699.310 Classification and Staffing of Domestic Wastewater or Water Treatment Plants and Water Distribution Systems

This section applies to all domestic wastewater treatment plant permittees and to all suppliers of water except those who own or operate a transient non-community water system (TWS) using only ground water as a source of supply and serving only religious institutions, or businesses, other than public food service establishments as defined and regulated under Chapter 381, 500, or 509, F.S., and other than religious institutions with school or daycare services. Licensed operators are not required for TWSs using only ground water as a source of supply and serving only religious institutions, or businesses, other than public food service establishments and other than religious institutions with school or daycare services.

(1) Domestic wastewater treatment plant permittees and suppliers of water shall employ only persons appropriately licensed under Chapter 62-602, F.A.C., to be in on-site charge of the operation, supervision, or maintenance of a domestic wastewater or water treatment plant during any part of any day. Suppliers of water shall employ only persons appropriately licensed under Chapter 62-602, F.A.C., to be in onsite charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 under the tables in subparagraphs 62-699.310(2)(f)1. and 2., F.A.C.

(2) Permittees and suppliers of water shall employ licensed operators onsite at their domestic wastewater or water treatment plant(s) to fulfill the time and visit requirements specified in paragraphs (a) through (e), below. Suppliers of water shall employ licensed operators to staff their water distribution system as specified in paragraph (f), below.

(a) Classification and Staffing Requirements for Domestic Wastewater Treatment Plants Other than Those Discussed Separately in paragraphs (b) through (d), below. Refer to tables 1. through 4., below, and determine the classification and staffing requirements for each domestic wastewater treatment plant using the following two-step procedure: first determine the category of the plant and then, within that category, determine the classification and staffing requirements for the plant. Determine the plant category by identifying the highest category in tables 1. through 4., listing one or more of the plant’s treatment processes, with Category I being the highest category and Category IV being the lowest category. Determine the plant classification and staffing requirements within the determined plant category by using the permitted capacity of the plant. Class A is the highest possible plant classification, and Class D is the lowest possible plant classification.

1. Domestic Wastewater Treatment Plant Category I

Treatment Process

Class A

Class B

Class C

Class D

Processes to meet permit limits for total nitrogen with or without filtration; processes to meet permit limits for total phosphorus with or without filtration; or membrane processes, including microfiltration, ultrafiltration, nanofiltration, reverse osmosis, and membrane bioreactors.

3.0 MGD and above

Staffing by Class C or higher operator: 24 hours/day for 7 days/week. The lead/chief operator must be Class A.

0.5 MGD up to 3.0 MGD

Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.

0.1 MGD up to 0.5 MGD

Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day.

---

0.05 MGD up to 0.1 MGD

Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day.

---

Less than 0.05 MGD

Staffing by Class C or higher operator: 1 hour/day for 5 days/week and one visit each weekend.

---

For all of the above plants, the lead/chief operator must be Class C or higher.

Not Applicable

2. Domestic Wastewater Treatment Plant Category II

Treatment Process

Class A

Class B

Class C

Class D

Activated sludge processes, except extended aeration, with or without filtration.

5.0 MGD and above

Staffing by Class C or higher operator: 24 hours/day for 7 days/week. The lead/chief operator must be Class A.

1.0 MGD up to 5.0 MGD

Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.

0.25 MGD up to 1.0 MGD

Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day.

---

0.1 MGD up to 0.25 MGD

Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day.

---

Less than 0.1 MGD

Staffing by Class C or higher operator: 1/2 hour/day for 5 days/week and one visit each weekend.

---

For all of the above plants, the lead/chief operator must be Class C or higher.

Not Applicable

3. Domestic Wastewater Treatment Plant Category III

Treatment Process

Class A

Class B

Class C

Class D

Extended aeration, including oxidation ditches, with or without filtration.

8.0 MGD and above

Staffing by Class C or higher operator: 24 hours/day for 7 days/week. The lead/chief operator must be Class A.

2.0 MGD up to 8.0 MGD

Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.

0.5 MGD up to 2.0 MGD

Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day.

---

0.25 MGD up to 0.5 MGD

Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit each weekend.

---

25,000 GPD up to 0.25 MGD

Staffing by Class C or higher operator: 1/2 hour/day for 5 days/week and one visit each weekend.

---

For all of the above plants, the lead/chief operator must be Class C or higher.

10,000 GPD up to 25,000 GPD

Staffing by Class D or higher operator: 3 visits/week on nonconsecutive days for a total of 1 1/2 hours/week.

---

2,000 up to 10,000 GPD

Staffing by Class D or higher operator: 2 visits/week on nonconsecutive days for a total of 1 hour/week. There shall be no more than 5 days between the last visit in one week and the first visit in the next week.

---

For all of the above plants, the lead/chief operator must be Class D or higher.

4. Domestic Wastewater Treatment Plant Category IV

Treatment Process

Class A

Class B

Class C

Class D

Either of the following processes with or without filtration: trickling filters or rotating biological contactors.

10 MGD and above

Staffing by Class C or higher operator: 24 hours/day for 7 days/week. The lead/chief operator must be Class A.

3.0 MGD up to 10 MGD

Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.

2.0 MGD up to 3.0 MGD

Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day.

---

0.75 MGD up to 2.0 MGD

Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day.

---

25,000 GPD up to 0.75 MGD

Staffing by Class C or higher operator: 1/2 hour/day for 5 days/week and one visit each weekend.

---

For all of the above plants, the lead/chief operator must be Class C or higher.

2,000 up to 25,000 GPD

Staffing by Class D or higher operator: 2 visits/week on nonconsecutive days for a total of 1 hour/week. There shall be no more than 5 days between the last visit in one week and the first visit in the next week. The lead/chief operator must be Class D or higher.

(b) Staffing Requirements for Domestic Wastewater Treatment Plants that Provide Reclaimed Water to a Reuse System Permitted Under Part III of Chapter 62-610, F.A.C.

1. Plant staffing requirements shall be established in accordance with paragraph (a), above.

2. Additional minimum staffing requirements are provided in subsections 62-610.462(2) and (3), F.A.C., which shall be used in conjunction with the requirements in paragraph (a), above, with the most stringent requirements governing. Reductions in staffing requirements below the minimum established in subsections 62-610.462(2) and (3), F.A.C., shall not be allowed.

(c) Staffing Requirements for Domestic Wastewater Treatment Plants that Provide Reclaimed Water to a Reuse System Permitted Under Part V of Chapter 62-610, F.A.C.

1. Plant staffing requirements shall be established in accordance with paragraph (a), above.

2. Additional minimum staffing requirements are provided in subsections 62-610.567(3), (4), and (5), F.A.C., which shall be used in conjunction with the requirements in paragraph (a), above, with the most stringent requirements governing. Reductions in staffing requirements below the minimum established in subsections 62-610.567(3), (4), and (5), F.A.C., shall not be allowed.

(d) Staffing Requirements for Biosolids Treatment Facilities. Staffing requirements are provided in paragraph 62-640.880(2)(j), F.A.C.

(e) Classification and Staffing Requirements for Water Treatment Plants. Refer to tables 1. through 5., below, and determine the classification and staffing requirements for each water treatment plant using the following two-step procedure: first determine the category of the plant and then, within that category, determine the classification and staffing requirements for the plant. Determine the plant category by identifying the highest category in tables 1. through 5., listing one or more of the plant’s category-determining treatment processes, with Category I being the highest category and Category V being the lowest category. In no case shall a treatment process that is installed and maintained by the Department under the Water Supply Restoration Program be considered in determining the plant category. Otherwise, for any plant that is part of a community water system (CWS), all of the plant’s treatment processes shall be considered in determining the plant category, while for any plant that is part of a non-community water system (NCWS), only the plant’s treatment processes that are necessary to meet primary drinking water standards, or disinfection requirements, applicable to the NCWS shall be considered in determining the plant category. Determine the plant classification and staffing requirements within the determined plant category by using the permitted maximum-day operating capacity of the plant. Class A is the highest possible plant classification, and Class D is the lowest possible plant classification.

1. Water Treatment Plant Category I

Treatment Process

Class A

Class B

Class C

Class D

Conventional filtration (coagulation, flocculation, sedimentation, and rapid-rate granular-media filtration), including lime softening; direct filtration, (coagulation and rapid-rate granular-media filtration) of surface water or ground water determined by the Department to be under the direct influence of surface water; or direct filtration of ground water for removal of viruses.

5.0 MGD and above

Staffing by Class C or higher operator: 24 hours/day for 7 days/week. The lead/chief operator must be Class A.

1.0 MGD up to 5.0 MGD

Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.

0.3 MGD up to 1.0 MGD

Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day.

---

0.1 MGD up to 0.3 MGD

Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day.

---

Less than 0.1 MGD

Staffing by Class C or higher operator: 1 hour/day for 5 days/week and one visit on each weekend day.

---

For all of the above plants, the lead/chief operator must be Class C or higher.

Not Applicable

2. Water Treatment Plant Category II

Treatment Process

Class A

Class B

Class C

Class D

Microfiltration, ultrafiltration, nanofiltration, or reverse osmosis.

6.5 MGD and above

Staffing by Class C or higher operator: 24 hours/day for 7 days/week. The lead/chief operator must be Class A.

MGD up to 6.5 MGD

Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.

0.5 MGD up to 1.0 MGD

Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day.

---

0.25 MGD up to 0.5 MGD

Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day.

---

0.1 MGD

up to 0.25 MGD

Staffing by Class C or higher operator: 1 hour/day for 5 days/week and one visit on each weekend day.

---

Less than 0.1 MGD

Staffing by Class C or higher operator: 5 visits per week and one visit each weekend for a total of 2.4 hours/week.

---

For all of the above plants, the lead/chief operator must be Class C or higher.

Not Applicable

3. Water Treatment Plant Category III

Treatment Process

Class A

Class B

Class C

Class D

Activated alumina or carbon adsorption, with backwashing or on-site media regeneration or reactivation, for removal of any primary contaminant or disinfection byproduct precursors; diatomaceous earth filtration; electrodialysis or electrodialysis reversal; ion exchange for removal of any primary contaminant or disinfection byproduct precursors; oxidation and rapid-rate granular-media filtration, or direct filtration, of ground water for removal of any primary contaminant other than viruses or for removal of disinfection byproduct precursors; or slow sand filtration.

8.0 MGD and above

Staffing by Class C or higher operator: 24 hours/day for 7 days/week. The lead/chief operator must be Class A.

2.0 MGD up to 8.0 MGD

Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.

1.0 MGD up to 2.0 MGD

Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day.

---

0.5 MGD up to 1.0 MGD

Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day.

---

0.25 MGD up to 0.5 MGD

Staffing by Class C or higher operator: 1 hour/day for 5 days/week and one visit on each weekend day.

---

Less than 0.25 MGD

Staffing by Class C or higher operator: 5 visits/week and one visit each weekend for a total of 1.8 hours/week.

---

For all of the above plants, the lead/chief operator must be Class C or higher.

Not Applicable

4. Water Treatment Plant Category IV

Treatment Process

Class A

Class B

Class C

Class D

Activated alumina or carbon adsorption with backwashing or on-site media regeneration or reactivation, for removal of only secondary contaminants; chloramination; chlorine dioxide treatment; ion exchange for removal of any secondary contaminant, sulfide, or hardness from a CWS; oxidation and rapid-rate granular-media filtration, or direct filtration, of ground water for removal of any secondary contaminant or sulfide from a CWS; or ozonation.

Not Applicable

10 MGD and above

Staffing by Class C or higher operator: 16 hours/day for 7 days/week. The lead/chief operator must be Class B or higher.

5.0 MGD up to 10 MGD

Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day.

---

3.0 MGD up to 5.0 MGD

Staffing by Class C or higher operator: 3 hours/day for 5 days/week and one visit on each weekend day.

---

1.0 MGD up to 3.0 MGD

Staffing by Class C or higher operator: 1 hour/day for 5 days/week and one visit on each weekend day.

---

0.1 MGD up to 1.0 MGD

Staffing by Class C or higher operator: 5 visits/week and one visit each weekend for a total of 1.2 hours/week.

---

For all of the above plants, the lead/chief operator must be Class C or higher.

Less than 0.1 MGD

Staffing by a Class D or higher operator: 3 visits/week on nonconsecutive days for a total of 0.6 hour/week. The lead/chief operator must be Class D or higher.

5. Water Treatment Plant Category V

Treatment Process

Class A

Class B

Class C

Class D

Activated alumina or carbon adsorption without backwashing and without on-site media regeneration or reactivation; aeration; alkalinity or pH adjustment; chlorination or hypochlorination; corrosion control inhibitor addition; fluoridation; iron or manganese sequestration; or ultraviolet radiation.

Not Applicable

Not Applicable

5.0 MGD and above

Staffing by Class C or higher operator: 6 hours/day for 5 days/week and one visit on each weekend day.

---

3.0 MGD up to 5.0 MGD

Staffing by Class C or higher operator: 1 hour/day for 5 days/week and one visit on each weekend day.

---

0.25 MGD up to 3.0 MGD

Staffing by Class C or higher operator: 5 visits/week and one visit each weekend for a total of 0.6 hour/week.

---

For all of the above plants, the lead/chief operator must be Class C or higher.

50,000 GPD up to 0.25 MGD

Staffing by Class D or higher operator: 3 visits/week on nonconsecutive days for a total of 0.3 hour/week.

---

Less than 50,000 GPD

Staffing by a Class D or higher operator: 2 visits/week on nonconsecutive days for a total of 0.2 hour/week. There shall be no more than 5 days between the last visit in one week and the first visit in the next week.

---

For all of the above plants, the lead/chief operator must be Class D or higher.

(f) Classification and Staffing Requirements for Water Distribution Systems. Refer to tables 1. and 2., below, and determine the classification and staffing requirements for each water distribution system using the following two-step procedure: first determine the category of the distribution system and then, within that category, determine the classification and staffing requirements for the distribution system. Determine the distribution system category by using the highest classification of water treatment plant to which the distribution system is connected, with Class A being the highest plant classification and Class D being the lowest plant classification. Determine the distribution system classification and staffing requirements within the determined distribution system category by using the number of persons served directly by the distribution system, which excludes any persons served by any separately owned and operated wholesale or regulated consecutive system connected to the distribution system. Level 1 is the highest possible distribution system classification, and Level 4 is the lowest possible distribution system classification.

1. Water Distribution System Category I

Distribution System

Level 1

Level 2

Level 3

Level 4

Distribution system connected to a Class A, B, or C water treatment plant.

Serving 100,000 or more persons.

The lead/chief operator must be a Level 1 water distribution system operator or a Class C or higher water treatment plant operator. Additionally, a Level 3 or higher water distribution system operator or a Class C or higher water treatment plant operator shall be in on-site charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 below unless the activity is being performed by a licensed contractor working within the scope of his or her license.2

Serving at least 10,000 persons and less than 100,000 persons.

The lead/chief operator must be a Level 2 or higher water distribution system operator or a Class C or higher water treatment plant operator. Additionally, a Level 3 or higher water distribution system operator or a Class C or higher water treatment plant operator shall be in on-site charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 below unless the activity is being performed by a licensed contractor working within the scope of his or her license.2

Serving at least 1,000 persons and less than 10,000 persons.

The lead/chief operator must be a Level 3 or higher water distribution system operator or a Class C or higher water treatment plant operator. Additionally, a Level 3 or higher water distribution system operator or a Class C or higher water treatment plant operator shall be in on-site charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 below unless the activity is being performed by a licensed contractor working within the scope of his or her license.2

Serving less than 1,000 persons3.

The lead/chief operator must be a Level 4 or higher water distribution system operator or a Class D or higher water treatment plant operator. Additionally, a Level 4 or higher water distribution system operator or a Class D or higher water treatment plant operator shall be in on-site charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 below unless the activity is being performed by a licensed contractor working within the scope of his or her license.2

1. The following water distribution system operation or maintenance activities may affect water quality or quantity: cleaning (swabbing, pigging, scraping, or air-purging) existing or repaired water mains; tapping, depressurizing/dewatering, or disinfecting existing or repaired water mains; dewatering, cleaning, or disinfecting existing or repaired finished-water storage tanks; and manually operating pumps, or adjusting automatic pump controls or automatic control valves, as necessary to regulate water distribution system flows or pressures.

2. Part I of Chapter 489, F.S., and rules adopted thereunder and administered by the Department of Business and Professional Regulation and the Construction Industry Licensing Board regulate the construction industry and establish whether construction work, including the repair or replacement of water distribution system facilities, must be performed by a licensed contractor.

3. For wholesale systems, a Category I water distribution system serving less than 1,000 persons shall be classified as a Level 3 water distribution system.

4. Water Distribution System Category II

Distribution System

Level 1

Level 2

Level 3

Level 4

Distribution system connected to a Class D water treatment plant.

Not Applicable

Not Applicable

Not Applicable

The lead/chief operator must be a Level 4 or higher water distribution system operator or a Class D or higher water treatment plant operator. Additionally, a Level 4 or higher water distribution system operator or a Class D or higher water treatment plant operator shall be in on-site charge of any water distribution system operation or maintenance activity that may affect water quality or quantity and that is listed in Footnote 1 below unless the activity is being performed by a licensed contractor working within the scope of his or her license2.

1. Water distribution system operation and maintenance activities that may affect water quality or quantity include the following: cleaning (swabbing, pigging, scraping, or air-purging) existing or repaired water mains; tapping, depressurizing/dewatering, or disinfecting existing or repaired water mains; dewatering, cleaning, or disinfecting existing or repaired finished-water storage tanks; and manually operating pumps, or adjusting automatic pump controls or automatic control valves, as necessary to regulate water distribution system flows or pressures.

2. Part I of Chapter 489, F.S., and rules adopted thereunder and administered by the Department of Business and Professional Regulation and the Construction Industry Licensing Board regulate the construction industry and establish whether construction work, including the repair or replacement of water distribution system facilities, must be performed by a licensed contractor.

History

• Rulemaking Authority 403.869, 403.88(4) FS. Law Implemented 403.853(6), 403.867, 403.875(1)(f), 403.88(1), (2), (3) FS. History–New 11-17-70, Revised 10-24-74, Amended 12-25-75, 6-10-76, 1-12-81, Formerly 17-16.12, 17-16.13, Amended 5-8-85, Formerly 17-16.370, 17-602.370, 17-699.310, Amended 10-15-07, 3-6-13.

Fla. Admin. Code R. 62-699.311 Additional Classification and Staffing Requirements

(1) An operator meeting the lead/chief operator class for the treatment plant shall be available during all periods of domestic wastewater or water treatment plant operation, and an operator meeting the lead/chief operator level or class for the water distribution system shall be available during all periods of distribution system operation. “Available” means able to be contacted as needed to initiate the appropriate action in a timely manner.

(2) A daily check of each Class C or D domestic wastewater treatment plant shall be performed by the permittee, or his or her representative or agent, each day the plant is in operation or 5 days per week, whichever is less. The daily check of a plant shall include on-site observation of the plant to verify that it is functioning and may include the taking of readings or samples or the performing of tests or measurements; and the daily check of a plant shall be noted in the operation and maintenance log required under subsection 62-602.650(4), F.A.C. A daily visit, or daily staffing, of a plant by an appropriately licensed operator fulfills the requirement for a daily check of the plant. Nothing in this subsection (2), shall be construed as allowing anyone to perform compliance tests for domestic wastewater unless he or she meets applicable qualification requirements in subsection 62-601.400(3), F.A.C.

(3) Checks of water treatment plants shall be performed by suppliers of water, or their representatives or agents, as described in paragraphs (a) and (b), below. Each plant check shall be noted in the plant’s operation and maintenance log required under paragraph 62-555.350(12)(a), F.A.C., or subsection 62-602.650(4), F.A.C. Nothing in this subsection (3), shall be construed as allowing anyone to perform compliance measurements for drinking water unless he or she meets applicable qualification requirements in subsection 62-550.550(1) or (2), F.A.C.

(a) For each water treatment plant that is part of a community or non-transient non-community water system or is part of a transient non-community water system subject to operator staffing requirements under Rule 62-699.310, F.A.C., the supplier of water, or the supplier’s representative or agent, shall check the plant on each day when one or more plant measurements are required under Chapter 62-550 or 62-555, F.A.C., but the plant is not staffed by a licensed operator. Each plant check shall include onsite observation of the plant to verify it is functioning and shall include performance of the one or more plant measurements required under Chapter 62-550 or 62-555, F.A.C.

(b) For each water treatment plant that is part of a transient non-community water system not subject to operator staffing requirements under Rule 62-699.310, F.A.C., the supplier of water, or the supplier’s representative or agent, shall check the plant each day the plant serves water to the public or two days per week, whichever is less. Also, the supplier of water, or the supplier’s representative or agent, shall check the plant on any additional days when one or more plant measurements are required under Chapter 62-550 or 62-555, F.A.C. Each plant check shall include on-site observation of the plant to verify it is functioning, shall include performance of any plant measurement required under Chapter 62-550 or 62-555, F.A.C., and can include measurement of the residual disinfectant concentration at the remote point in the water distribution system as required under subsection 62-555.350(6), F.A.C.

(4) A Class D operator shall be the lead/chief operator of no more than one domestic wastewater treatment plant plus one water treatment plant and distribution system except in cases where multiple plants and distribution systems are under the same ownership. In those cases where the plants and distribution systems are all under the same ownership, a Class D operator may be the lead/chief operator of as many as five domestic wastewater treatment plants, as many as five water treatment plants and distribution systems, or any combination of domestic wastewater treatment plants plus water treatment plants and distribution systems totaling five.

(5) Upon written request by the permittee or supplier of water, the Department shall approve in writing, in accordance with paragraph (a) or (b), below, reduction in staffing requirements under paragraph 62-699.310(2)(a) or (e), F.A.C., for proposed new domestic wastewater or water treatment plants that are under an electronic surveillance system, automatic control system, or electronic control system and for existing domestic wastewater or water treatment plants that are under an electronic surveillance system, automatic control system, or electronic control system and that have been in compliance with applicable water quality standards and applicable operation and maintenance requirements for the past year. However, if the Department approves a reduction in staffing requirements under this subsection and the plant’s electronic surveillance system, automatic control system, or electronic control system subsequently malfunctions or fails, the Department’s approval of reduced staffing requirements shall be considered temporarily revoked while the plant’s electronic surveillance system, automatic control system, or electronic control system is not functioning properly.

(a) For plants that are under an electronic surveillance system or automatic control system, staffing requirements shall be reduced as follows:

1. Staffing for a Class A plant shall be reduced to no less than staffing by a Class C or higher operator 12 hours/day for 7 days/week with the 12 hours/day of staffing occurring during the 12-hour period of greatest influent flow or water production. The class of the lead/chief operator shall not be reduced.

2. Staffing for a Class B plant shall be reduced to no less than staffing by a Class C or higher operator 8 hours/day for 7 days/week with the 8 hours/day of staffing occurring during the 8-hour period of greatest influent flow or water production. The class of the lead/chief operator shall not be reduced.

3. Staffing for a Class C plant shall be reduced to no less than the minimum staffing required for the next smaller size of Class C plant in the same treatment process category.

(b) For plants that are under an electronic control system, staffing requirements shall be reduced as follows:

1. Staffing for a Class A plant shall be reduced to no less than staffing by a Class C or higher operator 6 hours/day for 5 days/week and one visit by a Class C or higher operator on each weekend day. The class of the lead/chief operator shall not be reduced.

2. Staffing for a Class B plant shall be reduced to no less than staffing by a Class C or higher operator 4 hours/day for 5 days/week and one visit by a Class C or higher operator on each weekend day. The class of the lead/chief operator shall not be reduced.

3. Staffing for a Class C plant shall be reduced to no less than the minimum staffing required for the smallest size of Class C plant in the same treatment process category.

(6) At Class B domestic wastewater or water treatment plants, the 16 hours/day of staffing shall occur during the 16-hour period, or two 8-hour periods, of greatest influent flow or water production.

(7) At Class A, B, or C domestic wastewater or water treatment plants, a licensed Class C or higher operator shall be onsite and in charge of each required shift for periods of required staffing time when the lead/chief operator is not onsite.

(8) Upon written request by the supplier of water, the Department shall approve in writing, in accordance with paragraphs (a) through (d), below, reduction in staffing requirements under subparagraph 62-699.310(2)(e)5., F.A.C., for proposed new Category V water treatment plants that are connected to the same water distribution system and for existing Category V water treatment plants that are connected to the same water distribution system and that have been in compliance with applicable water quality standards and applicable operation and maintenance requirements for the past year.

(a) The cumulative number of staffing hours for all the eligible Category V plants connected to the distribution system shall be reduced to no less than the number of staffing hours that would be required for a single Category V plant having a permitted maximum-day operating capacity equal to the cumulative permitted maximum-day operating capacity of all the eligible Category V plants connected to the distribution system.

(b) The cumulative number of staffing hours for all the eligible Category V plants connected to the distribution system shall be divided among the eligible plants in 0.1-hour, or one-visit, increments approximately proportional to the permitted maximum-day operating capacity of each eligible plant.

(c) Staffing requirements for each eligible Category V plant shall be reduced no less than a visit on each day that staffing time or a visit is required for the plant under subparagraph 62-699.310(2)(e)5., F.A.C.

(d) The class of the lead/chief operator for each Category V plant shall not be reduced.

(9) Upon written request by the permittee or supplier of water, the Department shall approve in writing, in accordance with paragraphs (a) and (b) below, reduction in staffing requirements under paragraph 62-699.310(2)(a) or (e), F.A.C., for existing domestic wastewater or water treatment plants that are treating or producing less than the permitted capacity of the plant and that have been in compliance with applicable water quality standards and applicable operation and maintenance requirements for the past year.

(a) Staffing hours and visits shall be reduced to no less than the minimum staffing that would be required if the permitted capacity of a domestic wastewater treatment plant were considered to be equal to the actual treatment plant influent flow or if the permitted capacity of a water treatment plant were considered to be equal to the actual maximum-day production.

(b) The class of the lead/chief operator shall not be reduced.

(10) The classification of the operator, the number of days per week, and the number of hours per day specified in paragraphs 62-699.310(2)(a) through (e), F.A.C., are minimum requirements. The Department shall require a higher classification, more frequent visits, or more hours per day in those cases where additional staffing is necessary to ensure that a facility will comply with permit requirements or where there is a history of repeated non-compliance with permit requirements or applicable rule requirements. The Department shall provide to the permittee or supplier of water written notice of its intent to impose these more stringent requirements, setting forth with specificity the reasons that justify the Department’s proposed actions. Within fourteen days of receipt of notification, the permittee or supplier of water may petition for an administrative hearing under Sections 120.569 and 120.57, F.S.

(11) This subsection applies to the lead/chief operator of Class A or B domestic wastewater or water treatment plants. The lead/chief operator shall be employed at the plant full time. “Full-time” shall mean at least 4 days per week, working a minimum of 35 hours per week, including leave time. Upon written request by the permittee or supplier of water and written approval by the Department, the lead/chief operator may supervise the operation of two plants located in close physical proximity or multiple plants connected to a single water distribution system or domestic wastewater collection system when the multiple plants are under an electronic control system. The lead/chief operator’s time shall be allocated between or among the plants and electronic control system based upon the size and complexity of the plants and the availability of an electronic control system for the plants.

(12) For Class C domestic wastewater or water treatment plants, the lead/chief operator shall staff or visit the plant at least twice per month, and for Class D domestic wastewater or water treatment plants, the lead/chief operator shall visit the plant at least once per month.

(13) Upon written request by the permittee or supplier of water, the Department shall approve in writing reduction of staffing requirements under paragraph 62-699.310(2)(a) or (e), F.A.C., for domestic wastewater or water treatment plants that are operational (i.e., on line and able to treat wastewater or water) fewer hours per day, or fewer days per week, than the plant must be staffed per paragraph 62-699.310(2)(a) or (e), F.A.C. In such cases, staffing requirements shall be reduced to the number of hours per day, or days per week, that the plant is operational, but the class of the lead/chief operator shall not be reduced.

(14) Upon written request by the permittee or supplier of water, the Department shall approve in writing an interchange of weekend visits with the same number of required weekdays of staffing for domestic wastewater or water treatment plants that have greater influent flow or water production on weekends than on weekdays. The total number of days per week that a plant is staffed versus visited shall not be reduced.

(15) A licensed water treatment plant operator may serve both as an operator, or the lead/chief operator, of a water treatment plant and as an operator, or the lead/chief operator, of the water distribution system connected to that plant.

History

• Rulemaking Authority 403.869, 403.88(4) FS. Law Implemented 403.867, 403.88(1), (2), (3) FS. History–New 11-17-70, Revised 10-24-74, Amended 12-25-75, 6-10-76, Formerly 17-16.13, Amended 5-8-85, Formerly 17-16.375, 17-602.375, 17-699.311, Amended 7-5-01, 10-15-07, 3-6-13.

Chapter 62-701 SOLID WASTE MANAGEMENT FACILITIES

Fla. Admin. Code R. 62-701.100 Intent

The intent of Chapters 62-701 through 62-722, F.A.C., is to establish standards for the construction, operation, and closure of solid waste management facilities to minimize their threat to public health and the environment; to provide for the safe handling, storage, disposal, or beneficial use of ash residue from the combustion of solid waste; to establish a procedure for the examination and certification of resource recovery equipment to implement the tax exemptions provided by Section 212.08(7)(q), F.S., and subsection 12A-1.001(20), F.A.C.; to regulate the production and use of compost made from solid waste; to establish a comprehensive program for the proper management and recycling of used oil; to regulate waste tire storage, collection, transport, processing, recycling, reuse, and disposal; to establish procedures for disbursement of grants for solid waste management; to provide a uniform procedure by which certain persons in this state who handle, purchase, receive, recover, sell or are end users of recovered materials shall be certified by and report to the Department and register with and report to certain local governments; and to implement the provisions of the Florida Solid Waste Management Act, Sections 403.702-.7193 and 403.75-.769, F.S.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.021, 403.061, 403.087, 403.702-.7193, 403.75-.769 FS. History–New 1-6-93, Formerly 17-701.100, Amended 12-23-96, 5-27-01, 1-6-10.

Fla. Admin. Code R. 62-701.200 Definitions

The following words, phrases or terms as used in Chapters 62-701 through 62-722, F.A.C., unless the context indicates otherwise, shall have the following meaning:

(1) “Active life” means the operating life of a facility as estimated in the permit application, but does not include the long-term care period.

(2) “Agricultural wastes” means the solid wastes resulting from normal farming operations, the raising and slaughtering of animals, and the processing of animal products, orchard, and field crops, which are stored, transported, or disposed of as an unwanted waste material.

(3) “Airport” means any area of land or water, or any manmade object or facility located thereon, which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

(4) “Air quality standards” means, unless otherwise specified, those standards set forth in Chapter 62-204, F.A.C.

(5) “ASTM” means ASTM International.

(6) “Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells, springs, or surface water.

(7) “Ash residue” means all the solid residue and any entrained liquids resulting from the combustion of solid waste in a solid waste combustor, including bottom ash, fly ash and combined bottom and fly ash, but excluding recovered metals, glass, and other recovered materials separated from the ash residue.

(a) “Bottom ash” means the solid material remaining after combustion of solid waste, which is discharged from the grates or stoker of a solid waste combustor.

(b) “Fly ash” means the residue from the combustion of solid waste, which is entrained in the gas stream of a solid waste combustor. Fly ash includes particulates, cinders, soot, and solid waste from air pollution control equipment.

(8) “Biomedical waste” has the meaning given it in Chapter 64E-16, F.A.C.

(9) “Biological waste” means solid waste that causes or has the capability of causing disease or infection and includes biomedical waste, animals that died from disease, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under Chapter 470, F.S.

(10) “Bird hazard” means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants.

(11) “CCA treated wood” means lumber, timber, or plywood treated with chromated copper arsenate. This term does not include utility poles unless they have been ground, chipped, or shredded.

(12) “Cell” means a volume of solid waste received since the last previous application of initial cover. The compacted waste and subsequent initial cover constitute a cell that usually contains wastes deposited in one day.

(13) “Class I waste” means solid waste that is not hazardous waste, and that is not prohibited from disposal in a lined landfill under Rule 62-701.300, F.A.C.

(14) “Class III waste” means yard trash, construction and demolition debris, processed tires, asbestos, carpet, cardboard, paper, glass, plastic, furniture other than appliances, or other materials approved by the Department, that are not expected to produce leachate that poses a threat to public health or the environment.

(15) “Clean debris” means any solid waste that is virtually inert, is not a pollution threat to ground water or surface waters, is not a fire hazard, and is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes brick, glass, ceramics, and uncontaminated concrete including embedded pipe or steel.

(16) “Clean wood” means wood, including lumber, tree and shrub trunks, branches, and limbs, which is free of paint, glue, filler, penthachlorophenol, creosote, tar, asphalt, chromated copper arsenate, other wood preservatives or treatments.

(17) “Closing” means the time at which a solid waste management facility ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the facility for any necessary monitoring and maintenance after closing.

(18) “Closure” means the cessation of operation of a solid waste management facility and the act of securing such a facility so that it will pose no significant threat to human health or the environment. This includes closing and long term care.

(19) “Cm/sec” means centimeters per second.

(20) “Co-disposal” means the disposal of two or more different types of waste in the same solid waste disposal unit.

(21) “Combustion” means the treatment of solid waste in a device that uses heat as the primary means to change the chemical, physical, or biological character or composition of the waste. Combustion processes include incineration, gasification, and pyrolysis.

(22) “Commercial solid waste” means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding household waste and industrial solid waste.

(23) “Composite liner” means a liner comprised of a geomembrane, that is underlain and in direct contact with a soil component.

(24) “Construction and demolition debris” means discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; except as provided in Section 403.707(9)(j), F.S., yard trash and unpainted, non-treated wood scraps from sources other than construction or demolition projects; scrap from manufacturing facilities that is the type of material generally used in construction projects and that would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project, including debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities and de minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris.

(25) “Contaminated soil” has the meaning given it in subsection 62-713.200(3), F.A.C.

(26) “Degradable waste” means waste that decomposes through chemical breakdown or microbiological activity. It includes materials such as food and vegetative wastes, but does not include materials like concrete, ash residue from the combustion of solid wastes and metals.

(27) “Department” means the State of Florida Department of Environmental Protection.

(28) “Design period” means the operating life of the solid waste management facility plus any long-term care period after closing.

(29) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or upon any land or water so that such solid waste or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including ground waters, or otherwise enter the environment.

(30) “Engineer of record” means a professional engineer registered in the State of Florida in accordance with provisions of Chapter 471, F.S., who is appointed by the owner or operator of the solid waste management facility.

(31) “Facility” means all contiguous land and structures, other appurtenances, and improvements on the land used for solid waste management.

(32) “Fill” means man-made deposits of earth or waste materials used to fill excavations, to increase the vertical or horizontal extent of land or solid waste disposal units, or to build embankments.

(33) “Final cover” means the materials used to cover the top and sides of a landfill when fill operations cease.

(34) “Garbage” means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials.

(35) “Gas condensate” means the liquid generated as a result of gas recovery processes at a solid waste management facility.

(36) “Gas recovery facility” means a system of wells, trenches, pipes, and other related ancillary structures such as manholes, compressors, and monitoring installations that collect and transport the gas produced in a waste disposal unit to one or more gas processing points or flares. The flow of gas through such a system may be produced by naturally occurring gas pressure gradients or may be aided by an induced draft generated by mechanical means.

(37) “Generation” means the act or process of producing solid waste.

(38) “Geocomposite” means a product composed of two or more materials, at least one of which is a geosynthetic.

(39) “Geomembrane” means a low-permeability synthetic membrane used as an integral part of a system designed to limit the movement of liquid or gas in the system.

(40) “Geogrid” means a geosynthetic formed by a regular network of integrally connected elements with apertures greater than 6.35 mm (1/4 inch) to allow interlocking with surrounding soil, rock, earth and other surrounding materials to function primarily as reinforcement.

(41) “Geonet” means a geosynthetic consisting of integrally connected parallel sets of ribs overlying similar sets at various angles for planar drainage of liquids or gases.

(42) “Geosynthetic” means a planar product manufactured from polymeric material used with soil, rock, earth, or other geotechnical engineering-related material as an integral part of a man-made project, structure or system.

(43) “Geosynthetic clay liner” (GCL) means a low-permeability manufactured material consisting of a layer of low permeability clay placed between two geotextiles.

(44) “Geotextile” means a permeable textile used as a part of a system designed to act as a filter to prevent the flow of fine particles into drainage systems, to provide planar flow for drainage, to serve as a cushion to protect geomembranes, or to provide structural support.

(45) “GRI” means Geosynthetic Research Institute.

(46) “Ground water” means water beneath the surface of the ground within a zone of saturation, whether or not it is flowing through known and definite channels.

(47) “Hazardous waste” means a solid waste regulated by the Department as a hazardous waste pursuant to Chapter 62-730, F.A.C.

(48) “HDPE” means high density polyethylene.

(49) “Household waste” means any solid waste, including garbage, trash, and sanitary waste in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas.

(50) “Indoor” means within a structure that has been constructed with a roof over an impervious surface and has outside walls on a minimum of all but one of the sides of the facility. The roof and outside walls must be constructed with materials having structural strength like wood, block, fiberglass, plastic or metal rather than materials like canvas or tarpaulin, and may include windows and doors. An impervious surface means a surface like a poured concrete pad or asphaltic concrete.

(51) “Industrial byproducts” means those materials that have a demonstrated recycling potential, can be feasibly recycled, and have been diverted or removed from the solid waste stream for sale, use, or reuse. The term does not include any materials that are defined as recovered materials; a mixed waste stream that is processed to remove recyclable materials; or materials the recycling or use of which is specifically addressed in Department rules, such as construction and demolition debris, ash residue, waste tires, used oil, and compost. Industrial byproducts are regulated as solid waste unless otherwise exempted under paragraph 62-701.220(2)(d), F.A.C.

(52) “Industrial solid waste” means solid waste generated by manufacturing or industrial processes that is not a hazardous waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products or byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

(53) “Initial cover” means a 6-inch layer of compacted earth, used to cover an area of solid waste before placement of additional waste, intermediate cover, or final cover. The term also includes other material or thickness, approved by the Department, that minimizes vector breeding, animal attraction, and fire potential, prevents blowing litter, controls odors, and improves landfill appearance.

(54) “Integral to” means, as regards the examination and certification of resource recovery equipment, that the machinery or equipment provides a significant function in the resource recovery or recycling process, such that the resource recovery or recycling process could not proceed without that piece of machinery or equipment.

(55) “Intermediate cover” means a layer of compacted earth at least one foot in depth applied to a solid waste disposal unit. The term also includes other material or thickness, approved by the Department, that minimizes disease vectors, odors, and fire, and is consistent with the leachate control design of the landfill.

(56) “Land clearing debris” means rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project. Land clearing debris does not include vegetative matter from lawn maintenance, commercial or residential landscape maintenance, right-of-way or easement maintenance, farming operations, nursery operations, or any other sources not related directly to a construction project.

(57) “Landfill” means a solid waste disposal facility, which is an area of land or an excavation where wastes are or have been placed for disposal, for which a permit, other than a general permit, is required by Section 403.707, F.S. This term shall not include:

(a) A land spreading site;

(b) A surface impoundment;

(c) An injection well defined under and subject to the provisions of Chapter 62-528, F.A.C., or

(d) A construction and demolition debris disposal site regulated by Rule 62-701.730, F.A.C.

(58) “Lateral expansion” means any horizontal increase in the dimensions of the waste boundary of an existing solid waste disposal unit.

(59) “Leachate” means liquid that has passed through or emerged from solid waste and may contain soluble, suspended or miscible materials.

(60) “Lead-acid battery” means those lead-acid batteries designed for use in motor vehicles, vessels, and aircraft, and includes such batteries when sold as a component part of a motor vehicle, vessel, or aircraft, but not when sold to recycle components.

(61) “Lift” means a completed horizontal series of cells.

(62) “Lined landfill” means a landfill constructed with a liner made of synthetic materials, low-permeability soils, or a combination of these materials, that has been permitted by the Department, and that met the Department’s landfill design criteria specified in this chapter or previous versions of this chapter at the time of permitting.

(63) “Liner” means a continuous layer of low-permeability natural or synthetic materials, under the bottom and sides of a landfill, solid waste disposal unit, or leachate surface impoundment, which controls the downward or lateral escape of waste constituents, or leachate.

(64) “Liner system” means a system of leachate collection and liner layers comprised of natural or synthetic materials installed between the subgrade and the waste for the purpose of containing the waste and collecting and removing leachate.

(65) “Liquid waste” means any waste material that is determined to contain free liquids as defined by Method 9095 (Paint Filter Liquids Test), as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA Pub. No. SW-846).

(66) “LLDPE” means linear low density polyethylene.

(67) “Local government” means any municipality, county, district, or authority, or any agency thereof, or a combination of two or more of the foregoing when acting jointly in connection with a project, which has jurisdiction over the collection, recycling, disposal or treatment of solid waste.

(68) “Lower explosive limit” means the lowest percent by volume of a mixture of explosive gases that will propagate a flame in air at a temperature of 25 degrees Celsius and atmospheric pressure.

(69) “Manure” means a solid waste composed of excreta of animals, and residual materials that have been used for bedding, sanitary or feeding purposes for such animals.

(70) “Materials recovery” means any process by which one or more of the various components in solid waste is separated and concentrated for reuse.

(71) “Materials recovery facility” means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.

(72) “Method detection limit” means the smallest concentration of an analyte of interest that can be measured and reported with 99 percent confidence that the concentration is greater than zero. The method detection limit shall be determined pursuant to procedures outlined in Chapter 62-160, F.A.C., which is hereby incorporated by reference.

(73) “Monitoring wells” means strategically located wells from which water samples are drawn for water quality analysis.

(74) “Monofill” means a waste pile, landfill or solid waste disposal unit into which only one type of solid waste is placed.

(75) “Motor vehicle” means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated in this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, moped, or farm tractors and trailers.

(76) “Normal farming operations” means the customary and generally accepted activities, practices, and procedures that farmers adopt, use, or engage in during the production and preparation for market of poultry, livestock, and associated farm products; and in the production, harvesting, or packaging of agricultural crops which include agronomic, horticultural, and silvicultural crops. Included are the management, collection, storage, composting, transportation, and utilization of organic agricultural waste, manure, and materials solely derived from agricultural crops. A facility regulated as an Animal Feeding Operation pursuant to Chapter 62-670, F.A.C., that manages its manure on-site will be considered to be engaging in normal farming operations.

(77) “Objectionable odors” has the meaning given that term in Rule 62-210.200, F.A.C.

(78) “Oily wastes” has the meaning given that term in Rule 62-710.201, F.A.C.

(79) “100-year floodplain” means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, that are inundated by the 100-year flood.

(80) “Onsite” means on the same or geographically contiguous property, which may be divided by a public or private right-of-way. It does not include two or more parcels of land more than a mile apart that are connected only by a public or private right-of-way.

(81) “Open burning” means the burning of any material under such conditions that the products of combustion are emitted directly into the atmosphere.

(82) “Operator” means any person, including the owner, who is principally engaged in, and is in charge of, the actual operation, supervision, and maintenance of a solid waste management facility.

(83) “Person” means any and all persons, natural or artificial, including any individual, firm, or association; any municipal or private corporation organized or existing under the laws of Florida or any other state; any county of this state; and any governmental agency of this state or the Federal Government.

(84) “PGI” means PVC Geomembrane Institute.

(85) “Population” means the most recent population census determination under Section 186.901, F.S.

(86) “Potable water well” means any excavation that is drilled or bored, or converted from non-potable water use, when the intended use of such excavation is for the location and acquisition of ground water that supplies water for human consumption.

(87) “Processed tire” means a tire that has been treated mechanically, chemically, or thermally so that the resulting material is a marketable product or is suitable for proper disposal.

(88) “Processing” means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport, amenable to recovery, storage or recycling; safe for disposal; or reduced in volume or concentration.

(89) “Professional engineer” means an engineer licensed in the State of Florida in accordance with Chapter 471, F.S.

(90) “Professional geologist” means a geologist licensed in the State of Florida in accordance with Chapter 492, F.S.

(91) “Putrescible waste” means solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds. The term does not include uncontaminated yard trash or clean wood.

(92) “PVC” means polyvinyl chloride.

(93) “Quantity of tires” means either weight, volume, or actual number of tires. For purposes of Chapter 62-711, F.A.C., assume that, for passenger tires, there are 100 tires per ton and 10 tires per cubic yard and that, for truck tires, there are 20 tires per ton.

(94) “Reasonable assurance” means the existence of a substantial likelihood, although not an absolute guarantee, that the proposed activity will be successfully implemented and the proposed activity and applicant will comply with applicable agency rules, laws, orders and permit conditions. It does not mean proof that a facility will not fail.

(95) “Recovered materials” means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste.

(96) “Recovered materials processing facility” means a facility engaged solely in the storage, processing, resale, or reuse of recovered materials. Such a facility is not a solid waste management facility if it meets the conditions of paragraph 62-701.220(2)(c), F.A.C.

(97) “Recovered screen material” means the fines fraction, consisting of soil and other small materials, derived from the processing or recycling of construction and demolition debris which passes through a final screen size no greater than 3/4 of an inch.

(98) “Recyclable material” means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.

(99) “Recycling” means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

(100) “Recycling equipment” means machinery or equipment exclusively and integrally used in the actual process by which solid waste or materials which would otherwise become solid waste are separated or processed and reused or returned to use in the form of raw materials or products.

(101) “Resource recovery” means the process of recovering materials or energy from solid waste, excluding those materials or solid waste under control of the Nuclear Regulatory Commission.

(102) “Resource recovery equipment” means equipment or machinery exclusively and integrally used in the actual process of recovering material or energy resources from solid waste. This definition specifically includes recycling equipment.

(103) “Sanitary nuisance” means a condition created by any person, or the keeping, maintaining, propagation, existence, or permitting of anything by a person by which the health or lives of individuals may be threatened or impaired, or by which disease may be caused or transmitted.

(104) “Shredding” means a process of reducing the particle size of solid waste through the use of grinding, shredding, milling, or rasping machines.

(105) “Site” means the area of land or water within the property boundaries of a solid waste management facility where one or more solid waste processing, resource recovery, recycling, storage, or disposal areas are located.

(106) “Sludge” means a solid waste pollution control residual which is generated by any industrial or domestic wastewater treatment plant, water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilet or related operation, or any other such waste having similar characteristics. Sludge may be a solid, liquid, or semisolid waste but does not include the treated effluent from a wastewater treatment plant.

(107) “Solid waste” means: sludge that is not regulated under the federal Clean Water Act or Clean Air Act, as well as sludge from a waste treatment works, water supply treatment plant, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Materials not regulated as solid waste pursuant to this chapter are: recovered materials; nuclear source or byproduct materials regulated under Chapter 404, F.S., or under the Federal Atomic Energy Act of 1954 as amended; suspended or dissolved materials in domestic sewage effluent or irrigation return flows, or other regulated point source discharges; regulated air emissions; and fluids or wastes associated with natural gas or crude oil exploration or production.

(108) “Solid waste combustor” means an enclosed device that uses controlled combustion, the primary purpose of which is to thermally break down solid, liquid, or gaseous combustible solid wastes to an ash residue that contains little or no combustible material. A solid waste combustor specifically includes any facility that uses incineration, gasification, or pyrolysis to break down solid waste.

(109) “Solid waste disposal facility” means any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste.

(110) “Solid waste disposal unit” means a discrete area of land used for the disposal of solid waste.

(111) “Solid waste management” means the process by which solid waste is collected, transported, stored, separated, processed, or disposed of in any other way, according to an orderly, purposeful, and planned program which includes closure.

(112) “Solid waste management facility” means any solid waste disposal area, transfer station, materials recovery facility, or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, or storage of solid waste. The term does not include recovered materials processing facilities which meet the requirements of paragraph 62-701.220(2)(c), F.A.C., except the portion of such facilities, if any, that is used for the management of solid waste.

(113) “Special wastes” means solid wastes that can require special handling and management, including but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, yard trash, biological wastes, and mercury-containing devices and lamps.

(114) “Stabilized” means that biological and chemical decomposition of the wastes has ceased or diminished to a level so that such decomposition no longer poses a pollution, health, or safety hazard.

(115) “Subgrade” means soils native to or imported to a site, or other materials authorized by a Department permit or this chapter, which may be graded and compacted before a landfill liner system is constructed over them.

(116) “Tire” means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle.

(117) “Tire disposal” means to deposit, dump, spill or place any waste tire or residuals into or upon any structure, land or water. Tire disposal also includes the burning of any waste tire or residuals in a waste-to-energy facility, incinerator, or other facility used solely for the disposal of solid waste.

(118) “Tire recycling” means any process by which waste tires or residuals are reused or returned to use in the form of products or raw materials.

(119) “Ton” means a short ton, 2000 pounds (0.9078 metric tons).

(120) “Transfer station” means a facility the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. Operations at such facilities may include separation of incidental amounts of recyclable materials or unauthorized waste.

(121) “Unauthorized waste” means any type of waste that is not allowed to be accepted or managed at a solid waste management facility in accordance with rule or statutory requirements or permit conditions.

(122) “Used oil” has the meaning given that term in Rule 62-710.201, F.A.C.

(123) “Used tire” means a whole waste tire which has a minimum tread depth of 3/32 inch or greater and is suitable for use on a motor vehicle.

(124) “Uppermost aquifer” means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within a facility’s property boundary.

(125) “Vector” means a carrier organism that is capable of transmitting a pathogen from one organism to another.

(126) “Waste tire” means a tire that has been removed from a motor vehicle and has not been retreaded or regrooved. The term includes used tires and processed tires, but does not include solid rubber tires and tires that are inseparable from the rim.

(127) “Waste tire collection center” means a site where waste tires are collected from the public before being offered for recycling or disposal and where fewer than 1,500 tires are kept on-site on any given day.

(128) “Waste tire collector” means a person who transports more than 25 waste tires over public highways at any one time.

(129) “Waste tire processing facility” means a site where equipment is used to treat waste tires mechanically, chemically, or thermally so that the resulting material is a marketable product or is suitable for proper disposal. The term includes mobile waste tire processing equipment.

(130) “Waste tire residuals” means any liquids, sludges, metals, fabric or byproducts resulting from the processing or storage of tires. Residuals do not include processed tires held for recycling or disposal, provided the conditions of Rule 62-711.530, F.A.C., are met.

(131) “Waste tire site” means a site at which 1,500 or more waste tires are accumulated. For purposes of this term a site means a piece of property owned, rented, or otherwise controlled by a person, including all contiguous or adjacent properties owned, rented, or otherwise controlled by that person.

(132) “Water quality standards and criteria” means, unless otherwise specified, those standards and criteria set forth in Chapters 62-302 and 62-520, F.A.C.

(133) “White goods” means inoperative and discarded refrigerators, ranges, washers, water heaters, freezers, and other similar domestic and commercial large appliances.

(134) “Working face” means that portion of a solid waste disposal unit where waste is deposited, spread, and compacted before placement of initial cover.

(135) “Yard trash” means vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils.

(136) “Zone of discharge” has the meaning given it in Rule 62-520.200, F.A.C.

All other definitions found in Chapter 403, F.S., and Chapters 62-702 through 62-722, F.A.C., to the extent that they are consistent with the definitions of this chapter, are applicable to the terms used in this chapter.

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.702-.717, 403.75-.769 FS. History–Formerly 10D-12.02, 10-1-74, Revised 7-20-76, Amended 5-24-79, 6-13-84, 4-25-85, 7-1-85, 12-10-85, Formerly 17-7.02, 17-7.020, Amended 8-2-89, 6-25-90, Formerly 17-701.020, Amended 1-6-93, 1-2-94, 5-19-94, Formerly 17-701.200, Amended 12-23-96, 5-27-01, 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.210 Documents Incorporated by Reference

Specific references to the documents listed below are made throughout this chapter. These documents are adopted as standards and are incorporated into this chapter by reference. The reference documents are available for inspection at the Department’s district and Tallahassee offices, and may be obtained directly from the source.

(1) EPA document EPA/600/R-93/182, Quality Assurance and Quality Control for Waste Containment Facilities, September 1993.

(2) 40 C.F.R. Parts 61.149, 61.150, 61.151, 61.154, Subpart M-National Emission Standard for Asbestos, July 1, 1992.

(3) 40 C.F.R. Part 136, Appendix B, Definition and Procedure for the Determination of the Method Detection Limit, revision 1.1; October 26, 1984.

(4) Method 9095, Paint Filter Test, found in EPA document EPA SW-846, Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods; Third Edition, September, 1986, as revised, December, 1987.

(5) Methods 601 and 602, 40 CFR Part 136, Appendix A, Methods for Organic Chemical Analysis of Municipal and Industrial Wastewater; December 22, 2000.

(6) 40 C.F.R. 258.13, Fault Areas: October, 1991.

(7) 40 C.F.R. 258.14, Seismic Impact Zones; October, 1991.

(8) 40 C.F.R. 258.15 Unstable Areas; October, 1991.

(9) 40 C.F.R. 258, Appendices I and II; October, 1991.

(10) 40 C.F.R. 264 subpart H, except for those sections specified in subparagraph 62-701.630(6)(b)1., F.A.C.; July 1, 2013, www.gpoaccess.gov/cfr.index.html (http://www.flrules.org/Gateway/reference.asp?No=Ref-05018).

(11) 40 C.F.R. 261.24 Table 1-Maximum Concentration of Contaminants for the Toxicity Characteristic; July, 1992.

(12) GRI Test Method GM13 revision 9 dated June 1, 2009.

(13) PGI 1104 Specification for PVC Geomembrane, effective April 15, 2008.

(14) ASTM Method D5321/D5321M-14 “Standard Test Method for Determining Shear Strength of Soil-Geosynthetic and Geosynthetic-Geosynthetic Interfaces (ASTM D5321) by Direct Shear,” January 1, 2014, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, or at www.astm.org/Standard.

(15) ASTM Method D4716/D4716M-14 “Test Method for Determining the (In-plane) Flow Rate per Unit Width and Hydraulic Transmissivity of a Geosynthetic Using a Constant Head,” (ASTM D4716) January 1, 2014, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, or at www.astm.org/Standard.

(16) ASTM Method D5887-09 “Standard Test Method for Measurement of Index Flux Through Saturated Geosynthetic Clay Liner Specimens Using a Flexible Wall Permeameter,” (ASTM D5887) June 1, 2009, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, or at www.astm.org/Standard.

(17) ASTM Method D6243/D6243M-13a “Standard Test Method for Determining the Internal and Interface Shear Resistance of Geosynthetic Clay Liner by the Direct Shear Method,” (ASTM D6243) July 1, 2013, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, or at www.astm.org/Standard.

(18) GRI Test Method GM17 revision 6 dated June 1, 2009.

(19) GRI Test Method GM19 revision 6 dated October 3, 2010. http://www.flrules.org/Gateway/reference.asp?No=Ref-01484. This document is also available at http://www.geosynthetic-institute.org/grispecs/gm19.pdf.

(20) ASTM Method D6766-12 “Standard Test Method for Evaluation of Hydraulic Properties of Geosynthetic Clay Liners Permeated with Potentially Incompatible Aqueous Solutions,” (ASTM D6766) July 1, 2012, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, or at www.astm.org/Standard.

(21) Secondary References. The ASTM Standards contained in subsections 62-701.210(14), (15), (16), (17) and (20), F.A.C., reference other standards that are listed collectively below. Any of these secondary reference documents may be obtained at 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, or at www.astm.org/Standard.

(a) ASTM Method D653-14 “Standard Terminology Relating to Soil, Rock, and Contained Fluids,” August 1, 2014.

(b) ASTM Method D698-12e1 “Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf.ft3 (600 kN-m/m3)),” May 1, 2012.

(c) ASTM Method D1557-12 “Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf.ft3 (2,700 kN-m/m3)),” May 1, 2012.

(d) ASTM Method D2435/D2435M-11 “Standard Test Methods for One-Dimensional Consolidation Properties of Soils Using Incremental Loading,” May 1, 2011.

(e) ASTM Method D2487-11 “Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System),” May 1, 2011.

(f) ASTM Method D3080/D3080M-11 “Standard Test Method for Direct Shear Test of Soils Under Consolidated Drained Conditions,” November 1, 2011.

(g) ASTM Method D3740-12a “Standard Practice for Minimum Requirements for Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction,” May 1, 2012.

(h) ASTM Method D4354-12 “Standard Practice for Sampling of Geosynthetics and Rolled Erosion Control Products (RECPs) for Testing,” July 1, 2012.

(i) ASTM Method D4439-14 “Standard Terminology for Geosynthetics,” March 1, 2014.

(j) ASTM Method D6243/D6243M-13a “Standard Test Method for Determining the Internal and Interface Shear Strength of Geosynthetic Clay Liner by the Direct Shear Method,” July 1, 2013.

(k) ASTM Method D4491-99a(2014)e1 “Standard Test Methods for Water Permeability of Geotextiles by Permittivity,” January 1, 2014.

(l) ASTM Method D5092-04(2010)e1 “Standard Practice for Design and Installation of Groundwater Monitoring Wells,” August 1, 2010.

(m) ASTM Method D6574/D6574M-13e1 “Standard Test Method for Determining the (In-Plane) Hydraulic Transmissivity of a Geosynthetic by Radial Flow,” July 1, 2013.

(n) ASTM Method E691-14 “Standard Practice for Conducting an Interlaboratory Study to Determine the Precision of a Test Method,” April 1, 2014.

(o) ASTM Method D2216-10 “Standard Test Methods for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass,” July 1, 2010.

(p) ASTM Method D4753-07 “Standard Guide for Evaluating, Selecting, and Specifying Balances and Standard Masses for Use in Soil, Rock, and Construction Materials Testing,” July 15, 2007.

(q) ASTM Method E145-94(2011) “Standard Specification for Gravity-Convection and Forced-Ventilation Ovens,” December 1, 2011.

(r) ASTM Method D5321/D5321M-14 “Standard Test Method for Determining the Shear Strength of Soil-Geosynthetic and Geosynthetic-Geosynthetic Interfaces by Direct Shear,” January 1, 2014.

(s) ASTM Method D6072/D6072M-09 “Standard Practice for Obtaining Samples of Geosynthetic Clay Liners,” January 1, 2015.

(t) ASTM Method D5887-09 “Standard Test Method for Measurement of Index Flux Through Saturated Geosynthetic Clay Liner Specimens Using a Flexible Wall Permeameter,” June 1, 2009.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.061, 403.702-.717 FS. History–New 1-6-93, Amended 1-2-94, Formerly 17-701.210, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15, 3-13-16.

Fla. Admin. Code R. 62-701.220 General Applicability

(1) This chapter has been substantially amended several times since it was first promulgated. Except as otherwise specifically provided herein, facilities remain subject to the provisions which were in effect at the time the site was permitted or received a site certification, or at the time a complete application was submitted and deemed complete by the Department.

(2) This chapter applies to all solid waste and each solid waste management facility in this state, including Coal Combustion Residual (CCR) landfills and Coal Combustion Residual Surface Impoundments, with the following exceptions:

(a) Surface impoundments not addressed in subsection 62-701.400(6), F.A.C.;

(b) Injection wells defined under and subject to the provisions of Chapter 62-528, F.A.C.;

(c) Recovered materials or recovered materials processing facilities, if:

1. A majority of the recovered materials at a facility are demonstrated to be sold, used, or reused within one year,

2. The recovered materials or the products or byproducts of operations that process recovered materials are not discharged, deposited, injected, dumped, spilled, leaked, or placed into or upon any land or water that such products or byproducts or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including ground water, or otherwise enter the environment such that a threat of contamination in excess of applicable water quality standards and criteria or air quality standards is caused,

3. The recovered materials are not hazardous wastes; and,

4. The facility meets the registration requirements in Section 403.7046, F.S., and Chapter 62-722, F.A.C.;

(d) Industrial byproducts, if:

1. A majority of the industrial byproducts are demonstrated to be sold, used, or reused within one year,

2. The industrial byproducts are not discharged, deposited, injected, dumped, spilled, leaked, or placed into or upon any land or water so that such industrial byproducts or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including ground water, or otherwise enter the environment such that a threat of contamination in excess of water quality standards and criteria or air quality standards is caused, or a significant threat to public health is caused; and,

3. The industrial byproducts are not hazardous wastes,

(e) Phosphogypsum stack systems;

(f) Clean debris which has been segregated from other waste and which is used or stored for use as fill or raw material; and,

(g) The collection and processing of soil, rocks, vegetative debris, asphalt, and similar materials normally associated with and actually from construction and routine maintenance of roads, as defined in Section 334.03(23), F.S., when such materials are beneficially used or reused by the generator as part of a road construction or maintenance project. Street sweepings, ditch scrapings, shoulder scrapings, and catch basin sediments are included in this exemption provided that any significant amounts of solid waste, such as tires, furniture, white goods, and automobile parts, are removed prior to use or reuse. This exception does not apply when materials are contaminated by a spill or other unusual event. Storage of these materials at transfer stations or off-site waste storage areas is addressed in subparagraph 62-701.710(1)(c)5., F.A.C.

(h) Fossil fuel combustion products beneficially used in accordance with the requirements of Section 403.7047, F.S.

(3) There are several requirements throughout this chapter that requests or demonstrations must be approved by the Department. Unless otherwise specifically stated, this means that the requests or demonstrations must be submitted to the appropriate Department District Office as part of a permit application or request for permit modification. The Department will evaluate such requests or demonstrations in accordance with the applicable criteria set forth in this chapter, and will approve or modify permit conditions if those criteria are met.

(4) In accordance with former Rule 62-701.720, F.A.C., several persons or organizations requested approval of alternate requirements for certain industrial operations. Written determinations made by the Department prior to December 23, 1996, in response to such requests remain in effect even though Rule 62-701.720, F.A.C., has been repealed, until and unless the Department takes action to modify such determinations through rulemaking. This subsection shall not apply to Coal Combustion Residual landfills and Coal Combustion Residual Surface Impoundments subject to the provisions of Rules 62-701.804, and 62-701.805, F.A.C.

(5) Local zoning. The Department does not evaluate compliance with local zoning or land use ordinances when determining whether to issue or deny any permit under this chapter. Issuance of a permit does not relieve an applicant from compliance with local zoning or land use ordinances, or with any other laws, rules, or ordinances.

(6) There are several references in this chapter to facilities which are constructed or existing. Unless otherwise specified, these terms mean that the facility has received a permit or is exempt from permitting, and has actually been built or is being built in accordance with that permit or exemption. The terms do not include parts of a facility which, although noted in a long-term design plan, were not authorized to be constructed during the life of the facility’s permit(s). A landfill with a slurry wall liner system is deemed to have been constructed when the slurry wall was constructed.

(7) Storm water and surface water management are generally regulated under other rules of the Department or water management districts. Issuance of a permit under this chapter does not relieve a permittee from compliance with any of these rules, nor does this chapter require that an applicant receive all necessary storm water or surface water management permits before receiving a solid waste permit.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.061, 403.702-.717 FS. History–New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.220, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15, 3-1-22.

Fla. Admin. Code R. 62-701.300 Prohibitions

(1) General prohibition.

(a) No person shall store, process, or dispose of solid waste except as authorized at a permitted solid waste management facility or a facility exempt from permitting under this chapter.

(b) No person shall store, process, or dispose of solid waste in a manner or location that causes air quality standards to be violated or water quality standards or criteria of receiving waters to be violated.

(2) Siting. Unless authorized by a Department permit or site certification in effect on May 27, 2001, or unless specifically authorized by another Department rule or a Department license or site certification based upon site-specific geological, hydrogeological, design, or operational features, no person shall store or dispose of solid waste:

(a) In an area where geological formations or other subsurface features will not provide support for the solid waste;

(b) Within 500 feet of an existing or approved potable water well unless storage or disposal takes place at a facility for which a complete permit application was filed or which was originally permitted before the potable water well was in existence. This prohibition shall not apply to any renewal of an existing permit that does not involve lateral expansion, nor to any vertical expansion at a permitted facility;

(c) In a dewatered pit unless the pit is lined and permanent leachate containment and special design techniques are used to ensure the integrity of the liner;

(d) In any natural or artificial body of water including ground water and wetlands within the jurisdiction of the Department. This prohibition also applies to areas where waste may settle into ground water as a result of the maximum expected loads over the waste. This prohibition does not apply to areas of standing water that exist only after storm events, provided that the storage or disposal does not result in objectionable odors or sanitary nuisances;

(e) Within 200 feet of any natural or artificial body of water unless storage or disposal takes place at a facility for which a complete permit application was filed or which was originally permitted before the water body was in existence. This prohibition shall not apply to any renewal of an existing permit that does not involve lateral expansion, nor to any vertical expansion at a permitted facility. For purposes of this paragraph, a “body of water” includes wetlands within the jurisdiction of the Department, but does not include impoundments or conveyances which are part of an on-site, permitted stormwater management system, or bodies of water contained completely within the property boundaries of the disposal site which do not discharge from the site to surface waters. A person may store or dispose of solid waste within the 200 foot setback area upon demonstration to the Department that permanent leachate control methods will result in compliance with water quality standards and criteria. However, nothing contained herein shall prohibit the Department from imposing conditions necessary to assure that solid waste stored or disposed of within the 200 foot setback area will not cause pollution from the site in contravention of Department rules; and,

(f) On the right of way of any public highway, road, or alley.

(3) Burning. Open burning of solid waste is prohibited except in accordance with Chapter 62-256, F.A.C. Controlled burning of solid waste is prohibited except in a permitted incinerator, or in a facility in which the burning of solid waste is authorized by a site certification order issued under Chapter 403, Part II, F.S.

(4) Hazardous waste. No hazardous waste shall be disposed of in a solid waste management facility unless such facility is permitted pursuant to Chapter 62-730, F.A.C.

(5) PCBs. Disposal of liquids containing a polychlorinated biphenyl (PCB), or non-liquid PCBs in the form of contaminated soil, rags, or other debris, may be restricted or prohibited by 40 CFR Part 761. Persons managing PCBs are advised to consult that federal regulation before attempting to dispose of PCBs in any solid waste disposal unit in this state.

(6) Biomedical waste.

(a) No biomedical waste shall be knowingly deposited in any solid waste management facility unless:

1. The solid waste facility is specifically permitted to receive untreated biomedical waste,

2. The biomedical waste has been properly incinerated so that little or no organic material remains in the ash residue, or treated by a process approved by the Department of Health, and the provisions in paragraph 62-701.520(5)(d), F.A.C., are complied with, or

3. The biomedical waste is generated by an individual as a result of self-care, or care by a family member or other non health care provider. However, in order to reduce the chance of exposure to the public, home generators are advised to segregate and package such waste before disposal according to the guidelines for disposal of home-generated biomedical waste available from each county health department.

(b) No solid waste, including treated biomedical waste, shall be commingled with untreated biomedical waste unless the solid waste is being managed in the same manner as the untreated biomedical waste.

(c) Treated or untreated biomedical waste shall not be allowed to leak into the environment during transport.

(7) Class I surface waters. The Department shall not issue a construction permit for a landfill within 3,000 feet of Class I surface waters.

(8) Special wastes for landfills.

(a) No person who knows or who should know of the nature of such solid waste shall dispose of the following wastes:

1. Lead-acid batteries in any landfill,

2. Used oil in any landfill, except as provided in Chapter 62-710, F.A.C.,

3. Yard trash in a Class I landfill, except as may be allowed pursuant to Section 403.708(12)(c), F.S.; and,

4. White goods in any landfill.

(b) Whole waste tires may not be disposed of in any landfill or in any construction and demolition debris disposal facility, except as provided in Chapter 62-711, F.A.C.

(9) Special wastes for waste-to-energy facilities. No person who knows or who should know of the nature of such solid waste shall dispose of lead-acid batteries, mercury-containing devices, or spent mercury-containing lamps in any waste-to-energy facility.

(10) Liquids restrictions.

(a) Noncontainerized liquid waste shall not be placed in solid waste disposal units which accept household waste or construction and demolition debris for disposal unless:

1. The liquid waste is household waste other than septic waste, or

2. The liquid waste is leachate or gas condensate derived from the solid waste disposal unit, or byproducts of the treatment of such leachate or gas condensate, and the solid waste disposal unit is lined and has a leachate collection system.

(b) Containers holding liquid waste shall not be placed in a solid waste disposal unit unless:

1. The container is a small container similar in size to that normally found in household waste,

2. The container is designed to hold liquids for use other than storage, or

3. The waste is household waste.

(c) Containers or tanks twenty gallons or larger in capacity shall either have one end removed or cut open, or have a series of punctures around the bottom to ensure the container is empty and free of residue. The empty container or tank shall be compacted to its smallest practical volume for disposal.

(11)(a) Used oil and oily wastes. Except as provided in paragraph (b) of this subsection, no person may mix or commingle used oil with solid waste that is to be disposed of in landfills or directly dispose of used oil in landfills.

(b) Oily wastes, sorbents or other materials used for maintenance or to clean up or contain leaks, spills or accidental releases of used oil, and soils contaminated with used oil as a result of spills or accidental releases are not subject to the prohibition in paragraph (a) of this subsection.

(12) Yard trash. The prohibitions of this section apply to the storage, processing, or disposal of yard trash, except that paragraphs (2)(b) and (e), of this rule, are modified so that the following setback distances shall apply:

(a) 100 feet from off-site potable water wells, no setback required from on-site water wells; and,

(b) 50 feet from water bodies.

(13) Tanks. The prohibitions in subsection (2) of this rule, do not apply to the storage or treatment of solid waste in tanks which meet the criteria of Chapter 62-761, or subsection 62-701.400(6), F.A.C. Instead, no such storage tank shall be installed within 500 feet of any existing community water supply system or any existing non-transient non-community water supply system, nor shall any tank be installed within 100 feet of any other existing potable water supply well.

(14) CCA treated wood. CCA treated wood shall not be incorporated into compost or made into mulch, decorative landscape chips or any other wood product that is applied as a ground cover, soil or soil amendment. CCA treated wood may be ground and used as initial cover on interior slopes of lined solid waste disposal facilities provided it meets the criteria of subsection 62-701.200(53), F.A.C. CCA treated wood shall not be disposed of through open burning or through combustion in an air curtain incinerator.

(15) Dust. The owner or operator of a solid waste management facility shall not allow the unconfined emissions of particulate matter in violation of paragraph 62-296.320(4)(c), F.A.C.

(16) Indoor storage. The prohibitions in subsection (2) of this rule, do not apply to the storage or processing of solid waste indoors, provided that the indoor storage area has an impervious surface and a leachate collection system. For the purposes of this subsection, an impervious surface means either a poured concrete pad having a minimum thickness of four inches, or an asphalt concrete paving with both a minimum thickness of one and one-half inches and with an additional component to restrict leaching to ground water such as a soil cement sub-base, an epoxy seal or a geomembrane.

(17) Storage in vehicles or containers. The prohibitions in subsection (2) of this rule, do not apply to the storage of solid waste in an enclosed or covered vehicle or container, provided that such vehicle or container has either been unloaded or moved over public highways within the previous seven days, and provided also that reasonable efforts have been made to minimize leakage from the vehicle or container.

(18) Existing facilities. Those portions of facilities which were constructed prior to May 27, 2001, remain subject to the prohibitions that were in effect at the time the permit authorizing construction was issued. Lateral expansions of such facilities remain subject to the prohibitions that were in effect at the time the permit authorizing the lateral expansion was issued. For example, portions of facilities constructed prior to May 19, 1994 were subject to the prohibition against storing or disposing of solid waste within 500 feet of an existing or approved shallow water supply well, but are not subject to the prohibitions of paragraph (2)(b) of this rule. However, lateral expansions of such facilities which occurred after May 19, 1994, are subject to the prohibitions of paragraph (2)(b) of this rule.

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.704, 403.7045(3)(d), 403.707, 403.708, 403.751(1) FS. History–Formerly 10D-12.06, 10D-12.07, 10-1-74, Amended 5-24-79, 5-27-82, 12-10-85, Formerly 17-7.04, 17-7.040, Amended 6-25-90, Formerly 17-701.040, Amended 1-6-93, 1-2-94, 5-19-94, Formerly 17-701.300, Amended 12-23-96, 5-27-01, 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.310 Approval of Alternate Procedures and Requirements

(1) Applicability. Any person subject to the provisions of this chapter or rule Chapters 62-702 through 62-722, F.A.C., may request in writing a determination by the Secretary that a requirement shall not apply, and shall request approval of alternate procedures or requirements. The alternate procedure provisions in Rule 62-701.310, F.A.C., are not available to CCR facilities, however, the alternative mechanisms contained in the federal rules adopted by reference in Rule 62-701.804, F.A.C., remain applicable to CCR facilities subject to Rules 62-701.804, and 62-701.805, F.A.C.

(2) Criteria. The request shall set forth at a minimum the following information:

(a) The specific facility for which an exception is sought;

(b) The specific provisions from which an exception is sought;

(c) The basis for the exception;

(d) The alternate procedure or requirement for which approval is sought and a demonstration that the alternate procedure or requirement provides an equal degree of protection for the public and the environment; and,

(e) A demonstration of the effectiveness of the proposed alternate procedure.

(3) Department order. The Secretary shall specify by order each alternate procedure or requirement approved in accordance with this section or shall issue an order denying the request for such approval. The Department’s order shall be agency action, reviewable in accordance with Sections 120.569 and 120.57, F.S.

(4) Alternate sampling procedures. Approval of alternative or new field and laboratory sampling and analysis procedures shall be requested in accordance with Rules 62-160.430, 62-160.520 and 62-160.530, F.A.C.

(5) Other relief mechanisms. Requests for variances from specific statutory or rule requirements may be made pursuant to Section 403.201, F.S., and Rule 62-110.104, F.A.C. Requests for variances or waivers from rule requirements may also be made pursuant to Section 120.542, F.S., and Rule 28-104.002, F.A.C. Applications for research, development and demonstration permits may be made pursuant to Section 403.70715, F.S., and shall be submitted using Form 62-701.900(32), Application for a Permit to Construct and Operate a Research, Development and Demonstration Facility, effective January 6, 2010, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(6) Requests for alternate procedures shall be accompanied by the fee specified in subsection 62-701.315(8), F.A.C. Requests must be submitted to the Director of the Division of Waste Management, 2600 Blair Stone Road, Twin Tower Office Building, Tallahassee, Florida 32399-2400.

(7) To the extent that any request for alternate procedures or requirements involves the practice of engineering or geology, the request shall be signed and sealed by a professional engineer or a professional geologist.

History

• Rulemaking Authority 403.0877, 403.704, 403.707 FS. Law Implemented 403.0877, 403.704, 403.707 FS. History–New 7-1-85, Amended 12-10-85, Formerly 17-7.078, 17-701.078, Amended 1-6-93, 1-2-94, 5-19-94, Formerly 17-701.310, Amended 5-27-01, 1-6-10, 3-1-22.

Fla. Admin. Code R. 62-701.315 Permit Fees for Solid Waste Management Facilities

Notwithstanding the provisions of paragraph 62-4.050(4)(j), F.A.C., the following fees shall apply to permit applications for solid waste management facilities. The provisions of paragraphs 62-4.050(4)(o) through (v), F.A.C., continue to apply to such permits or applications. Fees for permit modifications are established in subsection 62-701.320(4), F.A.C.

(1) Construction permits.

(a) Class I landfill

$10,000.00

(b) Class III landfill

$6,000.00

(c) Manure or yard trash composting facility

$2,000.00

(d) Solid waste composting facility

$5,000.00

(e) Offsite biomedical waste treatment facility.

$2,000.00

(f) All other solid waste facilities

$1,000.00

(2) Operation permits.

(a) Class I landfill

$10,000.00

(b) Class III landfill

$4,000.00

(c) Manure and yard trash composting facility

$1,000.00

(d) Solid waste composting facility

$3,000.00

(e) Off-site biomedical waste treatment facility

$1,000.00

(f) All other solid waste facilities

$500.00

(3) Closure permits.

(a) Class I landfill

$7,500.00

(b) Class III landfill

$4,000.00

(c) Closure permit for landfill that involves only long-term care (10-year duration)

$2,000.00

(4) Waste processing facility.

(a) Construction/operation permit

$2,000.00

(b) Renewal permit that does not involve additional construction

$1,000.00

(c) General permit for indoor facilities

$100.00

(5) Construction and demolition debris disposal facilities.

(a) Construct, operate, and close a facility, including facilities that also recycle

$2,500.00

(b) Renewal permit that does not involve additional construction

$1,000.00

(c) Renewal permit involving only long-term care

$250.00

(6) General permit for yard trash disposal facility or a mobile waste tire processing facility.

$100.00

(7) Construction permit and/or an operation permit for a facility which has multiple solid waste management components that normally would require individual solid waste permits. A single application may be submitted and the permit fee will be the sum of all individual permits.

(8) Request for an Alternate Procedure.

(a) Landfill

$2,000.00

(b) Other

$500.00

(9) Research, Development and Demonstration permits (per year up to three-year duration).

$1,000.00

(10) Ground Water Monitoring Plan Approvals for landfills with no other Department permit.

$500.00

(11) Transfer of permit.

$50.00

(12) Waste tire permits.

(a) Construction/operation waste tire processing facility.

$1,250.00

(b) Construction/operation small waste tire processing facility.

$500.00

(c) Waste tire collection facility.

$500.00

(13) Fees for permits to construct, operate, or close that are issued for periods longer than five years shall be calculated as follows: the fee listed in this section, plus 20% of the fee listed in this section for each year over five years for which a permit is sought. For example, an applicant for a 20-year permit for landfill operation would pay a fee of $40,000.00 ($10,000.00 for the first 5 years, plus 20% of $10,000.00 for each of the additional 15 years).

(14) Applicants for permits of more than five years may elect to pay the entire permit fee at the time of application. Applicants may also elect to pay the fee listed above at the time of application, and make payments of 100% of the fee listed above every five years thereafter for the duration of the permit. For example, an applicant for a 20-year permit for landfill operation could pay $40,000.00 at the time of application, or could pay $10,000.00 at the time of application, plus $10,000.00 every five years thereafter until the time for permit renewal. Any future amendments to this section that result in increases in permit fees will not increase the fees for applicants until a renewal permit or permit modification is applied for. Failure to make such subsequent payments in a timely manner will be considered a violation of this rule and may subject the applicant to enforcement action by the Department.

History

• Rulemaking Authority 403.061, 403.087, 403.704 FS. Law Implemented 403.087, 403.702, 403.704, 403.707, 403.70715 FS. History–New 5-27-01, Amended 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.320 Solid Waste Management Facility Permit Requirements, General

(1) Permit requirements. Except as otherwise provided in this chapter, no solid waste management facility shall be constructed, operated, maintained, modified, or closed without a permit issued by the Department, or by an approved local program acting under a delegation agreement with the Department.

(2) Exemptions. Except as provided in Section 403.707(2), F.S., no permit under this chapter shall be required for the following activities or facilities. For purposes of this subsection, disposal shall be deemed to include storage prior to disposal or processing.

(a) Disposal by persons of solid waste resulting from their own activities on their own property, if such waste is ordinary household waste from their residential property or is rocks, soils, trees, tree remains, and other vegetative matter which normally results from land development operations on that property. Disposal of materials that could create a public nuisance or adversely affect the environment or public health, such as white goods, automotive materials including batteries and tires, petroleum products, pesticides, solvents, or hazardous substances, is not covered under this exemption.

(b) Disposal by persons of solid waste resulting from their own activities on their property, if the environmental effects of such disposal on ground water and surface waters are:

1. Addressed or authorized by a site certification issued under Chapter 403, Part II, F.S., Electrical Power Plant Siting,

2. Addressed or authorized by a permit issued by the Department, including solid waste management permits or other environmental permits modified to include conditions for proper disposal, or

3. Addressed or authorized by, or specifically exempted from the requirement to obtain, a ground water monitoring plan approved by the Department.

(c) On-site disposal of construction and demolition debris, provided that disposal conforms to subsection 62-701.730(17), F.A.C.

(d) Disposal of solid waste resulting from normal farming operations.

(e) Storage of solid waste in containers on property that is owned, rented, or leased by the persons who generated the waste from their own activities which occurred on their property, if the solid waste in such containers is collected at least once a week.

(f) Disposal by persons of solid waste resulting from their own activities on their own property, if that waste disposal occurred before October 1, 1988.

(3) Irresponsible applicant. In addition to the provisions of subsection 62-4.070(5), F.A.C., when determining whether the applicant has provided reasonable assurances that Department standards will be met, the Department shall consider repeated violations of applicable statutes, rules, orders, or permit conditions caused by a permit applicant after October, 1988, relating to the operation of any solid waste management facility in this state if the applicant is deemed to be irresponsible. For purposes of this subsection, the following words have the following meanings:

(a) “Applicant” means the owner or operator of the solid waste management facility in this state, and includes a business entity, a parent of a subsidiary corporation, a partner, a corporate officer or director, or a stockholder holding more than 50 percent of the corporate stock.

(b) “Irresponsible” means that an applicant owned or operated a solid waste management facility in this state, including transportation equipment or mobile processing equipment used by or on behalf of the applicant, which was subject to a state or federal notice of violation, judicial action, or criminal prosecution for activities that constitute violations of chapter 403, F.S., or the rules promulgated thereunder, and could have prevented the violation through reasonable compliance with Department rules.

(4) Modification of permit.

(a) Permits shall be modified in accordance with the requirements of Rule 62-4.080, F.A.C.

(b) A modification which does not require substantial technical evaluation by the Department, does not require a new site inspection by the Department, and is not expected to lead to substantially different environmental impacts or will lessen the impacts of the original permit is considered a minor modification, the fee for which is set forth in paragraph 62-4.050(4)(s), F.A.C.

(c) A modification which is reasonably expected to lead to substantially different environmental impacts which require a detailed review by the Department is considered a substantial modification, the fee for which is set forth in subsection 62-4.050(7), F.A.C.

(d) A modification which is reasonably expected to lead to substantially different environmental impacts, but which requires a less detailed review than does a substantial modification, is considered an intermediate modification, the fee for which is one-half of that required for a substantial modification.

(5) Permit application.

(a) Applications for a solid waste management facility shall be submitted on appropriate Department forms listed in Rule 62-701.900, F.A.C., to the Department’s district office with jurisdiction where the facility is located, or Tallahassee office, as appropriate. A minimum of one electronic copy of the application, engineering plans and reports, and all supporting information for the proposed construction, substantial modification, operation or closure of a facility shall be provided to the Department. The Department shall excuse the applicant from the requirements to submit an application electronically when the applicant files a request with the Department requesting to be excused from the electronic submission requirements due to technological hardship. If an applicant is excused from submitting an application electronically, then the applicant shall submit at least one paper copy of the entire application to the Department.

(b) Information in every application shall be of sufficient detail to show how the facility will be constructed, operated, and closed, and how it will be monitored and maintained after closure, in order to comply with the requirements of this chapter.

(c) Combination facilities. An application for a permit to construct or operate a solid waste management facility having multiple solid waste management components which, if standing alone, would require solid waste management facility permits, shall include all information required to be submitted had each component been proposed as a separate facility, independent of the other components. Such information may be combined or otherwise presented so as to avoid duplicative or repetitive submittals. Additionally, such applications shall be accompanied by such fees as would be required for each facility component.

(6) Engineer of record and professional certification. All engineering plans, reports, and information supporting the application shall be compiled by the engineer of record who shall be responsible for assurance that all technical components have been prepared under the direction and supervision and signed and sealed by the professional registered in Florida in each contributing technical discipline. The engineer of record’s signature and seal on the application shall assure that all appropriate technical professional disciplines have been employed in development of the application. The application shall provide that the engineer of record, or another qualified professional working under the supervision of the engineer of record, shall make periodic inspections during construction of the facility to ensure that design integrity is maintained.

(7) Application content and format. Applications for permits to construct, operate, modify, or close a solid waste management facility shall include in the following sequence:

(a) A letter of application transmittal;

(b) A completed application form dated and signed by the applicant;

(c) The permit fee specified in Rule 62-701.315, F.A.C., in check or money order, payable to the Department.

(d) An engineering report addressing the requirements of this rule which shall:

1. Contain a cover sheet stating the project title, location, applicant’s name, and the engineer’s name, address, signature, date of signature and seal,

2. Have the text printed on 8 1/2 inch by 11 inch consecutively numbered pages,

3. Contain a table of contents or index describing the body of the report and the appendices; and,

4. Include the body of the report and all appendices.

(e) Appendices submitted as part of an engineering report to support a permit application shall contain, where required under applicable sections of this rule:

1. An operation plan and closure plan appropriate for the type of facility,

2. A contingency plan that complies with subsection (16) of this section,

3. Illustrative charts and graphs,

4. Records or logs of tests, soil borings, hydrogeological information, geochemical surveys, and water quality analyses; and,

5. Engineering calculations, including literature citations.

(f) Plans or drawings for all solid waste management facilities shall:

1. Use sheets 22 inches by 34 inches or 24 inches by 36 inches, and include title blocks,

2. Have a cover sheet that includes the project title, applicant’s name, sheet index, legend of symbols, and the engineer’s name, address, signature, date of signature and seal,

3. Include a regional map or plan showing the project location in relation to major roadways and population centers,

4. Include a vicinity map or aerial photograph taken within one year preceding the application, showing the facility site and relevant surface features located within 1000 feet of the facility,

5. Have a site plan showing the location of all property boundaries certified by a Florida Licensed Professional Surveyor and Mapper; and,

6. Clearly show all necessary details and be numbered, titled, and referenced to the narrative report. Drawings shall contain a north arrow and horizontal and vertical scales, and shall specify drafting or origination dates. All elevations shall be referenced to a consistent, nationally recognized datum.

7. Latitude and longitude data shall be included representing the approximate center of the waste disposal or processing area and shall include the method the data was collected using the following:

Field Name

Also Known As

Description

Object of Interest

Feature

The object the point represents.

Relationship of Point to Object of Interest

Proximity

Identifies how close the point is to the actual object of interest.

Collection Method

Method

The method used to collect the point.

Collection Date

Date

The date the point was collected.

Datum

The reference for measuring locations on the earth’s surface.

(g) Documentation that the applicant either owns the property or has legal authorization from the property owner to use the site for a solid waste management facility; and,

(h) For facilities owned or operated by a county, a description of the existing or proposed recycling facilities or activities, if any, at the site and a description of whether, and the extent to which, these recycling facilities or activities will contribute to the county’s achievement of the waste reduction and recycling goals contained in Section 403.706, F.S.

(i) For purposes of the evaluation required in subsection (3) of this rule, a history and description of any enforcement actions described in subsection (3) of this rule, relating to solid waste management facilities in this state.

(8) Notice of application.

(a) An applicant for a permit to construct or substantially modify a solid waste management facility shall publish and provide proof of publication to the Department of a Notice of Application in a newspaper of general circulation in the area where the facility will be located. This notice shall conform to the requirements of Rule 62-110.106, F.A.C., except that the notice shall be published within 14 days of submittal of a permit application to the Department.

(b) An applicant for a permit to construct or substantially modify a Class I or III landfill shall mail a notice of application to the Chair of the Board of County Commissioners, the highest ranking elected official of the municipality, and each State Senator and Representative serving the jurisdiction in which the project is located. The notice shall be mailed within 14 days of submittal of the application to the Department, and proof of mailing shall be provided to the Department. After the Department completes the permit review, the Department shall send a copy of the notice of intent to issue or deny the permit to these same officials.

(9) Permits for construction, modification, operation, and closure. Complete permit applications for construction or operation of a solid waste management facility, renewal of an operation permit for an existing facility, modification of an existing facility, or closure of a facility shall be evaluated by the respective Department district office in accordance with Chapters 62-4 and 62-701, F.A.C.

(a) The Department shall:

1. Issue a construction permit, or a construction/operation permit for a solid waste management facility, or for a substantial modification of an existing solid waste management facility.

2. Issue an operation permit for a new facility that has been satisfactorily constructed, or to an existing facility which is being operated in accordance with this chapter at the time for permit renewal,

3. Issue a closure permit for closing and long-term care of a landfill that complies with the requirements of Rules 62-701.600-.620, F.A.C., or

4. Deny the issuance of a permit if reasonable assurance is not provided that the requirements of Chapters 62-4 and 62-701, F.A.C., will be satisfied.

(b) After all specified construction has been completed and before acceptance of any solid waste, the engineer of record shall certify to the Department that the permitted construction is complete and that it was done in accordance with the plans submitted to the Department except where minor deviation was necessary. The certification shall be submitted on Form 62-701.900(2), Certification of Construction Completion of a Solid Waste Management Facility, effective May 19, 1994, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The final report required by subsection 62-701.400(7), F.A.C., as well as any reports required by subparagraphs 62-701.400(3)(d)10. and 62-701.400(3)(f)5., F.A.C., shall be submitted with the certification. All deviations shall be described in detail and the reasons therefore enumerated. The permittee shall not accept solid waste at the facility until one of the following has occurred:

1. The Department has stated in writing that it has no objection to the certification of construction completion, or

2. At least 30 days have passed since the certification was submitted and the Department has not responded in writing to the certification.

(c) In addition to the above requirements, the permittee shall not accept solid waste at the facility unless a construction/operation permit or an operation permit has been issued to the permittee.

(d) Permit durations shall be as follows:

1. For any facility with a leachate control system that applies for an operation or construction permit or renews an existing operation or construction permit on or after October 1, 2012, up to 20 years,

2. For any facility without a leachate control system that meets the requirements of Section 403.707(3)(c), F.S., up to 10 years,

3. For closure permits authorizing only long-term care for landfills, up to 10 years; and,

4. For all other permits, up to 5 years.

(10) Permit renewals.

(a) A renewal application shall be timely and sufficient. If the renewal application is submitted prior to sixty days before expiration of the existing permit, it will be considered timely and sufficient. If the renewal application is submitted at a later date, it will not be considered timely and sufficient unless it is submitted and made complete prior to the expiration of the existing permit. When the application for renewal is timely and sufficient, the existing permit shall remain in effect until the renewal application has been finally acted upon by the Department or as otherwise provided in Section 120.60, F.S.

(b) Applicants for permit renewal shall demonstrate how they will comply with any applicable new or revised laws or rules relating to construction, operation, or closure of solid waste management facilities. Closure plans shall be updated at least once every five years to reflect changes in closure design, long-term care requirements, and financial assurance requirements.

(c) Facility information that was submitted to the Department to support the expiring permit, and which is still valid, does not need to be re-submitted for permit renewal. The permit renewal application shall list and reaffirm that the information is still valid.

(11) Permit transfers.

(a) Any person wishing to transfer a permit shall submit such a request using Form 62-701.900(8), Permit Transfer Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-05030, effective date February 15, 2015, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The form must be completed with the signatures of both the permittee and the proposed new permittee.

(b) A transfer of permit is required upon the sale or transfer of a facility. A transfer of permit is also required if a new or different person takes ownership or control of the facility. A transfer of permit is not required if the facility simply changes its name, although the permittee must notify the Department of such a change using Form 62-701.900(8). A transfer of permit is also not required solely as a result of the sale of stock or assets or a change of operating personnel, as long as ownership or control of the facility has not changed. A permittee may apply for a permit transfer prior to the sale or change of control of the facility, but the permit transfer shall not be effective prior to the sale or change of control.

(c) The proposed new permittee shall provide reasonable assurance that it has the ability to comply with the conditions of the existing permit, that it either owns the property or has legal authorization from the property owner to use the site, and that it meets any financial assurance requirements of the permit or applicable rules.

(d) Within 30 days of receipt of an application for permit transfer, the Department shall request additional information if the application is not complete. Within 30 days of receipt of a complete application, the Department shall either approve or deny the permit transfer. The Department’s determination shall be based solely on its evaluation of the requirements in paragraphs (a) through (c), above. If the Department fails to take action to approve or deny the transfer within 30 days of receipt of a complete application, the transfer shall be deemed approved.

(e) Until this transfer is approved by the Department, the permittee and any other person constructing, operating, or maintaining the permitted facility shall be liable for compliance with the terms of the permit. The permittee seeking to transfer the permit shall remain liable for corrective actions that may be required as a result of any violations occurring prior to the sale or legal transfer of the facility. If the existing permittee is under a continuing obligation to perform corrective actions as a result of a Department enforcement action or consent order, the permit may not be transferred until the proposed new permittee agrees in writing to accept responsibility for performing such corrective actions.

(f) If financial assurance for closure is required for the permit being transferred, the existing permittee shall maintain that financial assurance until the Department approval of the transfer is final. The proposed new permittee shall also provide financial assurance before the transfer is approved by the Department.

(12) Identification number. The Department shall assign an identification number to each solid waste management facility that receives a permit. The number shall be unique to that facility, and shall remain assigned to that facility at all times. The identification number shall be used on all correspondence and records related to that facility.

(13) Airport safety.

(a) Applicability. This subsection applies to those solid waste management facilities constructed after January 6, 1993, as well as lateral expansions of facilities that were constructed prior to January 6, 1993. For purposes of this subsection, an “airport runway” does not include facilities used solely for helicopters or other aircraft which take off and land vertically.

(b) Solid waste management facilities where waste is stored, disposed, or processed outdoors, shall not be located within 10,000 feet of any licensed and operating airport runway used by turbine powered aircraft, or within 5,000 feet of any licensed and operating airport runway used only by piston engine aircraft, unless the applicant demonstrates that the facility is designed and will be operated so that it does not pose a bird hazard to aircraft.

(c) Applicants proposing to construct new landfills within a six mile radius, and applicants proposing to construct lateral expansions of existing landfills within a five-mile radius, of any licensed and operating airport runway used by turbine powered or piston engine aircraft shall notify the affected airport, the Federal Aviation Administration, and the Florida Department of Transportation when the application is filed with the Department, and shall provide evidence of such notification to the Department.

(d) The following facilities are exempt from the requirements of this subsection:

1. Enclosed solid waste management facilities where waste is received and processed indoors, where all waste or residue is removed by enclosed or covered vehicles, and where putrescible waste is not processed, stored, or otherwise managed outdoors except in enclosed or covered vehicles,

2. Recovered materials processing facilities,

3. Yard trash processing facilities,

4. Yard trash disposal facilities,

5. Ash monofills,

6. Construction and demolition debris disposal or recycling facilities that are not co-located with other solid waste disposal facilities accepting putrescible wastes; and,

7. Any other solid waste management facility that does not accept putrescible waste for disposal, processing, or recycling.

(14) Other facility permits. In addition to the exemptions in subsection (2) of this rule, the following solid waste management facilities that are constructed and operated under an appropriate and currently valid permit are not required to obtain a separate solid waste permit pursuant to this chapter:

(a) Solid waste combustors or air curtain incinerators that are constructed and operated under a permit issued pursuant to Chapters 62-296 or 62-256, F.A.C.; however, if the facility is also storing or disposing of solid waste on the site, and such storage or disposal is not addressed in the permit, a separate solid waste permit is required;

(b) Solid waste combustors that are constructed and operated under a site certification pursuant to Chapter 403, Part II, F.S.;

(c) Solid waste management facilities, such as composting facilities, waste tire processing facilities, soil treatment facilities, and used oil processing facilities, that are required to obtain permits under Chapters 62-702 through 62-722, F.A.C. A facility shall be required to obtain a separate solid waste permit if it also manages significant quantities of other types of solid waste.

(15) Operator and spotter training and special criteria. The owner or operator of a landfill, or other solid waste management facility required by this chapter to have trained operators or spotters, shall not employ a person to perform, nor may any person perform, the duties of an operator or spotter at such facility unless that person is a trained operator or trained spotter. A facility may employ interim spotters, but only if they work under the direct supervision of a trained spotter or trained operator. A facility may employ an interim operator in lieu of a trained operator for no more than three consecutive months.

(a) Owners and operators of facilities shall ensure that operators employed at the facility are properly trained to operate the facility, and that spotters are properly trained to identify and properly manage any unauthorized waste which is received at the facility. A training plan shall be included as part of the permit application. All training courses, whether public or in-house, must be pre-approved by the Department pursuant to Section 403.716, F.S. Such training materials shall be submitted to the Department for pre-approval, and shall be approved by the Department where the course materials are consistent with Department rules applicable to solid waste facilities. Any in-house operator training program which includes an examination required by this subsection must be administered by an independent third party. Any other in-house operator training program must be administered by a trained operator. Any in-house spotter training program must be administered by a trained operator or a trained spotter. The training plan, along with records documenting how the training plan is being implemented, shall be kept at the facility at all times and be made available for inspection by Department staff. The Department will maintain a list of relevant training courses which are available in this State.

(b) In order to be considered trained, operators of the following facilities shall complete the following training requirements at courses described in the facility’s operating plan:

1. Operators of landfills, and operators of construction and demolition debris disposal facilities, shall complete 24 hours of initial training, and shall pass an examination as part of that training. Within three years after passing the examination, and every three years thereafter, operators shall complete an additional 16 hours of continued training.

2. Operators of waste processing facilities shall complete 16 hours of initial training, and shall pass an examination as part of that training. Within three years after passing the examination, and every three years thereafter, operators shall complete an additional 8 hours of continued training.

(c) In order to be considered trained, spotters shall complete 8 hours of initial training at courses described in the facility’s operating plan. Within three years after attending the initial training, and every three years thereafter, spotters shall complete an additional 4 hours of continued training.

(d) Spotter location.

1. Each facility where spotters are required shall include in its operation plan the number and location of spotters and the procedures to be followed if unauthorized waste is discovered. Spotters shall be stationed where they can inspect each shipment of waste for unauthorized waste.

2. If spotters are to be located on heavy equipment spreading the waste at the working face of a solid waste disposal unit or at a waste processing facility, the operation plan shall specifically provide for the following:

a. The heavy equipment operator is trained as an operator or spotter,

b. When unauthorized waste is discovered, the heavy equipment operator must either move the unauthorized waste away from the active area for later removal and proper management, or must stop operation and notify another person on the ground or on other equipment who will come to the active area and remove the unauthorized waste before operations are resumed; and,

c. Each load of waste must be visually inspected for unauthorized waste prior to being compacted or loaded into a transfer vehicle.

(e) Notwithstanding the definition in Rule 62-701.200, F.A.C., and solely for purposes of this subsection, “operator” means any person, including the owner, who is principally engaged in, and is in charge of, the actual operation, supervision, and maintenance of a solid waste management facility and includes the on-site person in charge of a shift or period of operation during any part of the day, such as facility managers, supervisors and equipment operators. It does not include office personnel, laborers, equipment operators not in a supervisory capacity, transporters, corporate directors, elected officials, or other persons in managerial roles unless such persons are directly involved in on-site supervision or operation of a solid waste management facility. A trained operator may perform the duties of a trained spotter.

(f) For purposes of this subsection, “interim operator” means a person who has, in the opinion of the facility manager, shown competency in his chosen occupation through a combination of work experience, education and training and who has at least one year of experience at that facility or a similar facility. An interim operator must become a trained operator within one year of employment as an interim operator.

(g) For purposes of this subsection, “spotter” means a person employed at a solid waste management facility whose job it is to inspect incoming waste and to identify and properly manage any unauthorized waste that is received at the facility.

(h) For purposes of this subsection, “interim spotter” means a person who has, in the opinion of the facility manager, shown competency in his chosen occupation through a combination of work experience, education and training. An interim spotter must become a trained spotter or trained operator within three months of employment as an interim spotter.

(16) Emergency preparedness and response.

(a) Every permitted solid waste management facility shall have, as part of its operation plan, a contingency plan appropriate for the type of facility to cover operational interruptions and emergencies such as fires, explosions, or natural disasters. The contingency plan shall be kept at the facility at all times and shall be accessible to facility operators. The contingency plan shall include:

1. Designation of persons responsible for implementation of the contingency plan,

2. Procedures for notification of appropriate emergency response persons, including the department, the local government, and local fire protection agencies,

3. A description of emergency procedures to be followed, including the location of fire-fighting equipment and explanations of how to use this equipment,

4. Provisions for the immediate shutting down of those parts of the facility affected by the emergency and notification to customers of the closure of the facility; and,

5. Procedures for notification of neighbors and local government officials of the potential impacts of the emergency, and provisions to minimize those impacts.

(b) Every solid waste disposal facility shall have:

1. Sufficient equipment to implement the contingency plan, including equipment for excavating, spreading, compacting, and covering waste,

2. Sufficient reserve equipment or arrangement to obtain additional equipment within 24 hours of equipment breakdown,

3. Communications equipment for emergency and routine communications; and,

4. Fire protection and fire-fighting capabilities adequate to control accidental burning of solid waste in the facility. Fire protection includes procedures for notification of local fire protection agencies for assistance in emergencies.

(c) In the case of a fire within the waste pile at a solid waste management facility, all reasonable efforts shall be made to immediately extinguish or control the fire. If the fire cannot be extinguished or controlled within an hour, the owner or operator shall immediately:

1. Implement the contingency plan which is included as part of its operation plan,

2. Cease accepting waste for disposal in those areas of the facility impacted by the fire; and,

3. Notify the department and the local government having jurisdiction over the facility of the fire and of the fire control plan being implemented by the owner or operator,

(d) If the fire cannot be extinguished or controlled within 48 hours, the owner or operator shall notify the local fire protection agency and seek its assistance, and shall also notify the local government and any neighbors likely to be affected by the fire.

(17) Minimum ground water criteria. For those solid waste management facilities constructed after January 6, 1993, the minimum ground water criteria specified in Rule 62-520.400, F.A.C., shall apply only outside the permitted zone of discharge, notwithstanding the provisions of Rules 62-520.400 and 62-520.420, F.A.C. However, exceedances of ground water criteria within a permitted zone of discharge shall continue to require evaluation monitoring and prevention measures in accordance with subsection 62-701.510(6), F.A.C.

(18) Zone of discharge. A facility’s zone of discharge shall be determined pursuant to Chapter 62-520, F.A.C. For all solid waste disposal facilities constructed after January 6, 1993, the zone of discharge shall not exceed 100 feet from the edge of those solid waste disposal units permitted to be constructed, unless modified in accordance with Rule 62-520.470, F.A.C.

History

• Rulemaking Authority 403.061, 403.704, 403.716 FS. Law Implemented 403.0877, 403.121(3)(e), 403.702, 403.704, 403.707, 403.716 FS. History–New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.320, Amended 12-23-96, 5-27-01, 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.330 Landfill Permit Requirements

(1) Applicability.

(a) Except as otherwise specifically provided herein, this chapter shall apply to all solid waste disposal units constructed or operated under a landfill permit issued after January 6, 2010, including renewals of existing permits.

(b) All holders of landfill construction or operation permits issued prior to January 6, 2010, which contain conditions not in conformance with this chapter shall apply for modification of the permit to conform to this chapter to the District Office of the Department which issued the permit. The submission shall occur at the time of application for renewal of an existing permit, or before July 5, 2010, whichever is later. For purposes of this paragraph, a permit issued prior to January 6, 2010, is deemed to include a completed permit application received by the Department prior to January 6, 2010.

(c) Rules 62-701.400-.420, F.A.C., shall not apply to any solid waste disposal unit for which construction is completed prior to the later of the dates specified in paragraph (b) of this subsection. Such solid waste disposal unit may be operated until filled to its permitted or modified design dimensions which, if such unit is lined, may include any future vertical expansion over the liner in accordance with Rule 62-701.430, F.A.C.

(d) Facilities operating pursuant to a Consent Order with the Department in effect on January 6, 2010, shall continue to operate in accordance with the order until the order expires by its own terms, provided the landfill is in compliance with the terms and conditions of the order. If the facility owner or operator fails to comply with any substantive term or condition of the order, the facility covered by the order must comply with the operational, closure and long-term care requirements of this chapter.

(e) Notwithstanding the above, the owner or operator of an unlined Class III landfill shall submit and comply with a CCA management plan that complies with subsection 62-701.730(20), F.A.C., no later than July 5, 2010.

(2) Permitted footprint. Applicants seeking permits for lined landfills are not limited to the amount of area they may need for disposal during the life of the permit. Rather, applicants may seek a permit with as large a disposal area as they desire subject to the following conditions.

(a) All of the information normally needed in the permit application shall be supplied for the entire area of the proposed footprint, even if only a smaller portion of the entire footprint will be constructed during the permit period.

(b) The public notice of agency action shall address the entire area of the footprint identified in the permit application.

(c) During the life of the permit, the applicant must notify the Department in writing before beginning construction of another permitted phase of the landfill. Construction may proceed, without further action being required by the Department, if it is in accordance with the conditions of the permit. However, if rule changes occur after the permit is issued which affect the design of the construction, then permit modifications may be required. Upon completion of the construction of a permitted phase of the landfill, a Certification of Construction Completion document must be prepared for the phase and submitted to the Department for approval. Department approval in accordance with paragraph 62-701.320(9)(b), F.A.C., is required before the applicant may begin use of the newly constructed phase. No permit fees will be required for authorizing use of these phases.

(d) At the end of the permit period, the applicant may apply for renewal of the permit. The information for the construction of the entire footprint will not have to be resubmitted if no substantial change is proposed in the planning or design of future phases. However, the applicant will be required to update the operation plan for the landfill, evaluate water quality data, ensure the financial assurance cost estimates and mechanism are current and provide reasonable assurance for compliance with any new rules or statutes that may be required of the facility which were not in effect at the time the previous permit was issued. Should there be new liner requirements at the time of permit renewal, the Department will not impose them on phases that are already constructed.

(e) When the permit is renewed, the public notice of agency action shall address:

1. The entire landfill footprint for the operational and closure aspects of the landfill; and,

2. The areas of the landfill where the liner has not been installed for the construction aspects of the landfill.

(3) Permit applications. Permit applications for landfills shall be submitted on Form 62-701.900(1), Application to Construct, Operate, Modify, or Close a Solid Waste Management Facility, http://www.flrules.org/Gateway/reference.asp?No=Ref-05031, effective date February 15, 2015, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Applications shall meet the requirements of rule 62-701.320, F.A.C., and shall also include the following specific requirements:

(a) A regional map or aerial photograph not more than five years old that shows all airports located within five miles of the proposed landfill. The applicant may show the airports on the regional map required in subparagraph 62-701.320(7)(f)3., F.A.C.

(b) A plot plan of the site showing dimensions, locations of proposed and existing water quality monitoring wells or points, locations of soil borings, proposed plan of trenching or disposal areas, original elevations, proposed final contours, any previously filled waste disposal areas, and fencing. Cross sections shall be included on the plot plan or on separate sheets showing both the original and proposed fill elevations. The scale of the plot plan shall not be greater than 200 feet to the inch.

(c) Topographic maps at a scale of not greater than 200 feet to the inch with 5-foot contour intervals. These maps shall show the proposed fill area, any borrow area, access roads, grades required for proper drainage and cross sections of lifts, special drainage devices if necessary, fencing, and equipment facilities.

(d) A report on the:

1. Current and projected population and area to be served by the proposed site,

2. Anticipated type, annual quantity, and source of solid waste, expressed in tons,

3. Planned active life of the facility, the final design height of the facility, and the maximum height of the facility during its operation; and,

4. Source and type of cover material.

(e) The hydrogeological and geotechnical investigations required by Rule 62-701.410, F.A.C.

(f) The water quality monitoring plan required by Rule 62-701.510, F.A.C.

(g) Evidence of an approved laboratory to do water quality monitoring in accordance with Chapter 62-160, F.A.C.

(h) The financial assurance documentation required by Rule 62-701.630, F.A.C.

(i) Operational plans and drawings as required in subsections 62-701.500(2), (6), (7), (8), (9), (10), and (11), F.A.C.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History–New 1-6-93, Amended 1-2-94, Formerly 17-701.330, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.340 General Criteria for Landfills

(1) Performance standards. A landfill shall be designed, constructed, operated, maintained, closed, and monitored throughout its design period to control the movement of waste and waste constituents into the environment so that water quality standards and criteria and air quality standards will not be violated.

(2) Classification of landfills. Landfills or solid waste disposal units are classified according to the types of waste received.

(a) Class I landfills are those which receive Class I waste.

(b) Class III landfills are those which receive only Class III waste. The Department shall exempt Class III landfills from some or all of the requirements for liners, leachate controls, and water quality monitoring in subsections 62-701.400(3) and (4), and rule 62-701.510, F.A.C., if the applicant demonstrates that no significant threat to the environment will result from the exemption based upon the types of waste received, methods for controlling types of waste disposed of, and the results of the hydrogeological and geotechnical investigations required in Rule 62-701.410, F.A.C. Such a demonstration must include a CCA treated wood management plan as described in subsection 62-701.730(20), F.A.C., if the landfill will not have a constructed liner system.

(3) Location requirements.

(a) The site shall provide structural support for the facility including total wastes to be disposed of and structures to be built on the site.

(b) A landfill or solid waste disposal unit shall not be located in the 100-year floodplain where it will restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain unless compensating storage is provided, or result in a washout of solid waste.

(c) The minimum horizontal separation between waste deposits in a landfill and the landfill property boundary shall be 100 feet, measured from the toe of the proposed final cover slope.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.0877, 403.702, 403.704, 403.707 FS. History–New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.340, Amended 5-27-01, 1-6-10.

Fla. Admin. Code R. 62-701.400 Landfill Construction Requirements

(1) Minimum design standards. The requirements of this rule are the minimum standards for constructing a landfill. Nothing in this rule shall be construed to prevent the Department from imposing more stringent standards as necessary to protect the environment and the public health and safety due to site specific conditions and types of wastes to be disposed of in the landfill or solid waste disposal unit. An applicant whose landfill design meets the design standards of this rule will be presumed to provide reasonable assurance that the performance standards of subsection 62-701.340(1), F.A.C., will be met.

(2) Planned construction and closure. All landfills shall be designed so that solid waste disposal units will be constructed and subsequently closed at planned intervals throughout the design period of the landfill. Designs to prevent failures of side slopes, and designs to prevent deep-seated failures through the waste, along liner systems, and through foundation soils, shall achieve a minimum factor of safety of 1.5 using peak strength values.

(3) Landfill liner requirements. Class I Landfills shall be constructed with composite or double liners, and a leachate collection and removal system. Liners and leachate collection systems for Class III landfills are addressed in paragraph 62-701.400(3)(g), F.A.C.

(a) Liners shall be:

1. Constructed of materials that have appropriate physical, chemical, and mechanical properties to prevent failure due to physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and other applied stresses and hydraulic pressures which are anticipated during the operational and closure period of the solid waste disposal unit. The supplier of materials for the liner components shall provide test information accepted by the engineer of record, that supports the capabilities of the materials to meet these needs,

2. Installed upon a base and in a geologic setting capable of providing structural support to prevent overstressing of the liner due to settlements and applied stresses,

3. Constructed so that the bottom of the liner system is not subject to fluctuations of the ground water so as to adversely impact the integrity of the liner system,

4. Designed to resist hydrostatic uplift if the liner is located below the seasonal high ground water table; and,

5. Installed to cover all surrounding earth which could come into contact with the waste or leachate.

(b) Composite liners.

1. The upper component of the composite liner shall be a 60-mil minimum average thickness HDPE geomembrane. A primary leachate collection and removal system and a drainage layer shall be installed above the geomembrane liner. Except in sumps and leachate collection trenches, the system shall be designed to limit leachate head above the liner during routine landfill operation after placement of initial cover, as specified in Table A below, depending upon the thickness and hydraulic conductivity of the lower component of the composite liner. Leachate head calculations shall consider leachate recirculation if the leachate is recirculated.

2. The lower component of the composite liner shall be constructed in six-inch lifts. The thickness of the lower component may be varied in relation to the hydraulic conductivity of the lower component and the design leachate head above the liner, in accordance with Table A.

TABLE A:

Minimum Thickness of Lower Component of Composite Liner (feet)

Maximum Design Hydraulic Head (inches)

Maximum Hydraulic Conductivity (cm/sec)

1x10-7

5x10-8

1x10-8

1

2.0

1.0

1.0

6

2.5

1.5

1.0

12

3.0

2.0

1.0

(c) Double liners.

1. Double liner systems shall consist of upper and lower 60-mil minimum average thickness HDPE geomembranes, with a primary leachate collection and removal system lying above the upper geomembrane designed to limit the leachate head to one foot above the liner during routine landfill operations after placement of initial cover, except in sumps and leachate collection trenches; and a leak detection and secondary leachate collection system between the upper and lower liners. The lower geomembrane shall be placed directly on a sub-base which is a minimum six inches thick, is free of sharp materials or any materials larger than one-half inch, and has a saturated hydraulic conductivity of less than or equal to 1 × 10-5 cm/sec. A geosynthetic clay liner (GCL) with a hydraulic conductivity not greater than 1x10-7 cm/sec may be used in place of the six-inch thick sub-base layer provided it is placed on a prepared subgrade which will not damage the GCL.

2. The leak detection and secondary leachate collection system shall have a minimum hydraulic conductivity of ten cm/sec, shall be designed to limit the maximum hydraulic head on the lower liner to one inch, and shall not allow leachate head to exceed the thickness of the drainage layer. The hydraulic conductivity of the leak detection and secondary collection system material shall be derived from transmissivity and thickness measurements.

(d) Standards for geosynthetic components.

1. HDPE geomembranes and LLDPE geomembranes shall have factory and field seams whose shear and peel strengths during testing are in conformance with the seam strengths specified in method GRI GM19. PVC geomembranes shall have factory and field seams whose shear and peel strengths during testing are in conformance with the seam strengths specified in method PGI 1104. For all geomembranes, the failure shall occur in the lining material outside the seam area. All field seams must also be visually inspected and pressure or vacuum tested for seam continuity using suitable non-destructive techniques.

2. Geomembranes shall not be used at landfills unless they are subjected to continuous spark testing by the manufacturer at the factory and no defects have been found.

3. Geomembranes shall be protected from physical damage by placing a minimum 24-inch-thick protective layer above the upper liner. All materials in direct contact with the liner shall be free of sharp materials or any materials larger than one-half inch. The upper 12 inches of the protective layer shall be composed of soil, tire chips four square inches or smaller with no protruding wires that could pose a threat to the integrity of the liner, or other materials approved by the Department which are permeable, non-reactive, stable, and which offer protection for the liner from punctures.

4. The first layer of waste placed on the protective layer above the liner and leachate collection system shall be a minimum of four feet in compacted thickness, and consist of selected wastes containing no large, rigid objects that may damage the liner or leachate collection system. Materials that could damage the liner shall be removed from this layer.

5. HDPE geomembranes shall meet the specification contained in method GRI GM13. LLDPE geomembranes shall meet the specification contained in method GRI GM17.

6. PVC geomembranes shall meet the specification contained in method PGI 1104.

7. Interface shear strength of the actual components which will be used in the liner system shall be tested with method ASTM D5321, hereby adopted and incorporated by reference, or an equivalent test method. To obtain this standard see subsection 62-701.210(14), F.A.C. However, when testing GCLs, method ASTM D6243, hereby adopted and incorporated by reference, or an equivalent test method, shall be used. To obtain this standard see subsection 62-701.210(17), F.A.C. Unless it can be justified otherwise, the interface shall be tested in a water-saturated state. For the purposes of this test, clays compacted in the test apparatus during setup which have a water content wet of optimum shall be considered water saturated.

8. The transmissivity of geonets shall be tested with method ASTM D4716, hereby adopted and incorporated by reference, or an equivalent test method, to demonstrate that the design transmissivity will be maintained for the design period of the facility. To obtain this standard see subsection 62-701.210(15), F.A.C. The testing for the geonet in the liner system shall be conducted using actual boundary materials intended for the geonet at the maximum design normal load for the landfill, and at the design load expected from one lift of waste. At the maximum design normal load, testing shall be conducted for a minimum period of 100 hours unless data equivalent to the 100-hour period is provided in which case the test shall be conducted for a minimum period of one hour. In the case of the design load from one lift of waste, the minimum period shall be one hour. For geonets used in final covers, only one test shall be conducted for a minimum period of one hour using the expected maximum design normal load from the cover soils and the actual boundary materials intended for the geonet.

9. The hydraulic conductivity of GCLs shall be tested with method ASTM D5887, hereby adopted and incorporated by reference, or ASTM D6766, hereby adopted and incorporated by reference, or an equivalent test method. To obtain these standards see subsections 62-701.210(16) and 62-701.210(20), F.A.C., respectively. First, the GCL test specimen shall be hydrated with the fluid which is expected to cause hydration in the field, or a similar fluid, for a minimum of 48 hours using sufficient backpressure to achieve a minimum B coefficient of 0.9 and using a confined effective consolidation stress not exceeding five pounds per square inch. Then, the hydraulic conductivity test on the GCL specimen shall be conducted, using the appropriate permeant fluid, at a confined effective consolidation stress not exceeding five pounds per square inch. The hydraulic conductivity test shall continue until steady state conditions are reached or a minimum of two pore volumes of permeant fluid have passed through the test specimen. The permeant fluid shall be either leachate from the landfill (or a similar landfill) if the GCL is used in a liner system, or water if the GCL is used as a barrier layer in a final cover.

10. If not submitted as part of the permit application to the Department, then the testing required in subparagraphs (3)(d)7., 8. and 9. of this paragraph, for the materials used in the liner construction shall be conducted as part of the construction quality assurance activities, and the results of these tests shall be included in the completion of construction documents required in subsection (7), of this rule.

11. The testing required in subparagraphs (3)(d)7., 8. and 9. of this paragraph, are single-point tests required either as part of the permit application phase of a landfill project or prior to liner construction. The purpose of these tests is to confirm that the components selected for the liner construction meet the design criteria used in the permit application.

(e) The following specifications shall be provided for geosynthetic components:

1. Definition and qualifications of the designer, manufacturer, installer, geosynthetic quality assurance consultant, geosynthetic quality assurance laboratory, and quality assurance program,

2. Material specifications for geomembranes, geotextiles, geogrids, geocomposites, and geonets, including general requirements, specified geomembrane properties, and labeling,

3. Manufacturing and fabrication specifications including:

a. Geomembrane manufacturing, including raw material and roll quality control,

b. Geomembrane fabrication, including requirements of personnel, seaming equipment and products, seam preparation, weather conditions for factory seaming, overlapping and temporary bonding, trail seams, and nondestructive seam continuity testing,

c. Destructive seam strength testing including location and frequency, sampling procedure, size of samples, testing at the fabrication factory, laboratory testing, fabricator’s laboratory testing, and procedures for destructive test failure; and,

d. Repairs.

4. Geomembrane installation specifications including:

a. Earthwork,

b. Conformance testing,

c. Geomembrane placement, which shall address layout drawings, panel identification, and field panel placement,

d. Field seaming, which shall address seam layout, requirements of personnel, overlapping and temporary bonding, seam preparation, seaming equipment and products, weather conditions for seaming, trial seams, general seaming procedures, nondestructive seam continuity testing, destructive testing, and defects and repairs including identification, evaluation, and repair procedures,

e. Materials in contact with the geomembrane, including granular materials, concrete, and sumps and appurtenances; and,

f. Lining system acceptance.

5. Geotextile and geogrid specifications including handling and placement, conformance testing, seams and overlaps, repair, and placement of soil materials and any overlying materials.

6. Geonet and geocomposite specifications including handling and placement, conformance testing, stacking and joining, repair, and placement of soil materials and any overlying materials.

7. GCL specifications including handling and placement, conformance testing, seams and overlaps, repair, and placement of soil materials and any overlying materials.

(f) Standards for soil liner components.

1. Soil components of liners shall be constructed to preclude, to the greatest extent practicable, lenses, cracks, channels, root holes, pipes, or other structural inconsistencies that can increase the saturated hydraulic conductivity of the soil component. The design shall illustrate and describe those instances in which overexcavation of permeable areas and backfilling may be necessary to seal the permeable area. The soil component shall be placed and compacted in layers to achieve the design performance.

2. The permeability of soil liner components shall not be increased above the values specified for the component, as a result of contact with leachate from the solid waste disposal unit. Compatibility of the soil component and leachate shall be demonstrated by testing the soil component with actual or simulated leachate in accordance with EPA Test Method 9100 or an equivalent test method.

3. The soil component of the liner may consist of in-situ soils, provided they meet the specifications for soil liners. Testing of in-situ soil shall be performed in accordance with the site specific Construction Quality Assurance Plan in accordance with subsections 62-701.400(7) and (8), F.A.C.

4. Specifications for the soil component of the liner shall be provided to and approved by the Department, and shall contain at a minimum:

a. Allowable range of particle size distribution and Atterberg limits, to include shrinkage limit,

b. Placement moisture criteria and dry density criteria,

c. Maximum laboratory-determined saturated hydraulic conductivity, using simulated leachate as the saturating and testing liquid,

d. Minimum thickness of the soil liner,

e. Lift thickness,

f. Surface preparation (scarification) for tying lifts together; and,

g. Type and percentage of clay mineral within the soil component.

5. The soil liner shall be placed using construction equipment and procedures that achieve the required saturated hydraulic conductivity and thickness. A field test section shall be constructed using the proposed construction equipment and tested to document that the desired saturated hydraulic conductivity and thickness is achieved in the field. Test results shall be submitted to the Department along with the completion of construction documents.

(g) Class III landfills. A Class III landfill shall be constructed with a bottom liner consisting of a single 60-mil minimum average thickness HDPE geomembrane. In the sumps located inside the landfill footprint and in the leachate collection trenches, the geomembrane shall be placed on a GCL with a hydraulic conductivity of less than or equal to 1 x 10-7 cm/sec, or on a compacted clay liner which is a minimum six inches thick with a saturated hydraulic conductivity of less than or equal to 1 x 10-7 cm/sec. The liner shall be placed on a prepared subgrade that will not damage the geomembrane liner or the GCL. A primary leachate collection and removal system and a drainage layer shall be installed above the geomembrane liner. Except in sumps and leachate collection trenches, the system shall be designed to limit leachate head above the liner during routine landfill operation after placement of initial cover to no greater than 12 inches. An applicant may request exemption from the requirements of this paragraph in accordance with paragraph 62-701.340(2)(b), F.A.C.

(4) Leachate collection and removal system. Landfills shall have a leachate collection and removal system that is designed, constructed, maintained, and operated to collect leachate and convey it to collection points for removal.

(a) The primary and secondary leachate collection and removal systems shall:

1. Be constructed of materials that are chemically resistant to the waste disposed of in the landfill and the leachate expected to be generated,

2. Have sufficient mechanical properties to prevent collapse under pressures exerted by overlying wastes, cover materials, and by any equipment used at the landfill,

3. Have granular material or synthetic geotextile filter overlying or surrounding the leachate collection and removal system to prevent clogging of the collection system by infiltration of fine particles; and,

4. Have a method to test that the pipes in the system are not clogged, and a method for cleaning the pipes in the system if they become clogged. If any part of the system cannot be tested for clogging, the design shall assure that leachate can be rerouted from that part to a leachate sump in the event of collapse.

(b) The primary leachate collection and removal system shall have a granular drainage layer above the top geomembrane liner, at least 12 inches thick, with a hydraulic conductivity of not less than 1 × 10-3 cm/sec, overlain with an additional 12 inches of protective material as specified in subparagraph 62-701.400(3)(d)3., F.A.C., that is chemically resistant to the waste and leachate. Leachate collection systems incorporating synthetic drainage materials may be used if it can be demonstrated that they are equivalent to or more effective than the granular design, including chemical compatibility, flow under load, and protection of the geomembrane liner.

(c) The leachate collection and removal system shall be designed with a bottom slope to achieve the required leachate head after the predicted settlement determined by the foundation analysis. The minimum slope for the leachate collection system, in areas which drain to lateral collection pipes and header pipes, shall be 1.0 percent after predicted settlement. The minimum slopes for the collection pipes of the leachate collection system, i.e., lateral and header pipes, shall be 0.3 percent after predicted settlement. Minimum slopes shall be measured from the peak grade to the lowest grade along the design flow path. Slopes shall be surveyed after completion using a 50-foot grid in areas which drain to lateral collection pipes and header pipes and at 50-foot intervals where pipes of the leachate collection system are to be installed. These surveyed slopes must demonstrate that positive drainage is shown in the direction of flow between any two grid or interval points.

(d) A schedule for routine maintenance of the leachate collection and removal system shall be established to ensure operation of the system. The maintenance schedule shall be a part of the facility operation plan.

(5) Leachate recirculation. Leachate shall be recirculated only at solid waste disposal units which have a leachate recirculation system included in their operation plan, and which have been constructed and operated in a manner consistent with that system. If leachate is recirculated after closure, the operation plan shall be included as part of the approved closure plan. The leachate recirculation system shall include estimated impacts on the head of leachate over the liner, subsidence of the waste, and gas production, and shall meet the following requirements unless otherwise approved in the operation plan.

(a) The landfill shall be lined and have a leachate collection and removal system.

(b) Ditches, berms, or other devices shall be installed to control any leachate runoff. Initial and intermediate cover receiving recirculated leachate shall be graded to shed runoff into the leachate collection system and to minimize mixing of leachate runoff and storm water.

(c) Initial and intermediate cover shall be permeable to the extent necessary to prevent perched water conditions and gas buildup.

(d) Leachate shall not be recirculated during weather conditions or in quantities that may cause runoff outside the solid waste disposal unit, surface seeps, wind-blown spray, or exceedance of the limits of the leachate head on the liner. Ponding is prohibited unless it is an integral part of the design plan.

(e) Landfill gas shall be managed in accordance with Rule 62-701.530, F.A.C.

(f) Recirculation of leachate is prohibited on top of areas where a barrier layer which is part of the final cover has been installed. Irrigation of the final vegetative cover may be done with treated leachate which meets the water quality standards of the receiving water body, if such irrigation does not contribute significantly to leachate generation.

(6) Leachate storage tanks and leachate surface impoundments.

(a) The requirements of this subsection apply to all leachate storage tanks and leachate surface impoundments constructed after January 6, 1993. Leachate storage tanks in use on January 6, 1993, are not required to retrofit to comply with this subsection unless leakage, corrosion or other defects are found. Leachate surface impoundments in use on January 6, 1993, shall be replaced or modified to conform to this subsection by January 6, 1995.

(b) Surface impoundments for leachate treatment or storage that are located at landfills are subject to the following requirements:

1. Surface impoundments shall be constructed so that the bottom of the liner system is not subject to fluctuations of the ground water so as to adversely impact the integrity of the liner system. The applicant shall demonstrate that the surface impoundment design will minimize infiltration of leachate into the environment so that ground water and surface water quality standards and criteria are not violated.

2. The surface impoundment shall be designed in segments such that any one segment may be taken out of service for inspection and repair with no interruption of service.

3. The impoundment shall have a double liner system consisting of an upper and lower 60-mil minimum average thickness HDPE geomembrane, and a leak detection and collection system between the geomembranes with a minimum hydraulic conductivity of one cm/sec. The lower geomembrane shall be placed directly on a subbase which is at least six inches thick and has a saturated hydraulic conductivity of less than or equal to 1 × 10-5 cm/sec. A GCL with a hydraulic conductivity not greater than 1x10-7 cm/sec may be used in place of the six-inch thick sub-base layer provided it is placed on a prepared subgrade which will not damage the GCL. The leak detection and collection system shall be checked daily. The design of the upper liner shall include calculations to predict the potential leakage through the upper liner. If the daily checks indicate the upper liner is leaking at a rate greater than predicted by the design calculations, the Department shall be notified. If the leakage rate will result in the flooding of the leak detection and collection system, the impoundment shall be emptied and the liner repaired.

4. To preserve the liner integrity and prevent uplift, ballast material such as rounded gravel or sand, that will not cause damage to the geomembrane liner, shall be placed on top of any liner which is located below the water table.

5. A minimum of two feet of freeboard above the depth which would occur in the event of a 25-year, 24-hour storm shall be maintained in leachate surface impoundments.

6. Vectors and off-site odors shall be controlled.

(c) Above ground leachate storage tanks that are located at solid waste management facilities are subject to the following requirements:

1. Tanks shall be constructed of concrete, steel, reinforced plastic, polyethylene, or fiberglass. Tanks shall be supported on a well drained, stable foundation.

2. Bottoms of steel tanks that rest on earthen material shall be cathodically protected with either sacrificial anodes or an impressed current system which is designed, fabricated, and installed in accordance with the engineering plan submitted to the Department.

3. The exterior surfaces of all steel storage tanks shall be protected by a primer coat, a bond coat, and two or more final coats of paint or other surface coating system designed to prevent corrosion and deterioration.

4. The interior of all tanks shall consist of a material or must be lined with a material, resistant to the liquid being stored.

5. All aboveground tanks shall have a secondary containment system which may consist of dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps, or other systems capable of containing the stored leachate. The design volume for the secondary containment system shall be 110 percent of the volume of either the largest tank within the containment system or the total volume of all interconnected tanks, whichever is greater.

6. The secondary containment system shall be constructed of materials compatible with the liquid stored. The containment system shall be constructed of either:

a. A minimum three-foot layer of compacted soil with a maximum saturated hydraulic conductivity of 1 × 10-7 cm/sec or one foot of compacted soil with a maximum saturated hydraulic conductivity of 1 × 10-8 cm/sec with two feet of protective cover, or

b. A concrete pad that will maintain its integrity for the lifetime of the tank, provided that the tank, if made of steel, has a corrosion resistant coating, or

c. A HDPE geomembrane of a minimum average thickness of 60 mils.

7. A system shall be designed to contain and remove storm water from the secondary containment area. Provisions shall be included for the removal of any accumulated precipitation and be initiated within 24 hours or when 10 percent of the storage capacity is reached; whichever occurs first. Disposal of this stormwater shall be in accordance with the requirements of subsection 62-701.400(9), F.A.C.

8. All aboveground tanks shall be equipped with an overfill prevention system which includes level sensors and gauges, high level alarms, or automatic shutoff controls. The overfill control equipment shall be inspected weekly by the facility operator to ensure it is in good working order.

9. The exposed exterior of all aboveground tanks shall be inspected weekly by the facility operator for adequacy of the cathodic protection system, leaks, corrosion, and maintenance deficiencies. Interior inspection of tanks shall be performed whenever the tank is drained or at a minimum of every three years. If the inspection reveals a tank or equipment deficiency, leak, or any other deficiency which could result in failure of the tank to contain the leachate, remedial measures shall be taken immediately to eliminate the leak or correct the deficiency. Inspection reports shall be maintained and made available to the Department upon request for the lifetime of the liquid storage system.

(d) Underground leachate storage tanks that are located at solid waste management facilities are subject to the following requirements:

1. Tanks shall be constructed of concrete, fiberglass, reinforced plastic, steel that is cathodically protected, or steel that is clad with fiberglass.

2. A secondary containment and a continuous leak detection system shall be installed in the form of a double-walled tank, designed as an integral structure so that any release from the inner tank is completely contained by the outer shell.

a. The interstitial space shall be monitored at least once per week by the facility operator for tightness using pressure monitoring, vacuum monitoring, or electronic monitoring.

b. The tank system shall be protected from both corrosion of the primary tank interior and the external surface of the outer shell.

c. All resistant coatings applied to the primary tank interior shall be compatible with the stored leachate.

d. Cathodic protection systems, where installed, shall be inspected at least weekly by the facility operator. Any deficiency in the cathodic protection system shall be corrected when discovered.

3. All underground tanks shall be equipped with an overfill prevention system which includes level sensors and gauges, high level alarms, or automatic shutoff controls. The overfill control equipment shall be inspected weekly by the facility operator to ensure it is in good working order.

4. Inspection and leak detection monitoring reports shall be maintained at the facility and made available to the Department upon request for the lifetime of the liquid storage system.

(7) Liner systems construction quality assurance.

(a) Liner systems shall have a construction quality assurance plan to provide personnel with adequate information to achieve continuous compliance with the liner construction requirements. The plan shall include or refer to specifications and construction methods which use established engineering practices to construct a liner system and provide for quality control testing procedures and sampling frequencies. Sampling and testing shall be conducted in the field by trained personnel during construction and after construction completion. Such personnel will be under the direction of the construction quality assurance professional engineer, to assure the liner system will comply with the standards. The construction quality assurance professional engineer or his designee shall be on-site at all times during construction to monitor construction activities and shall be on-site to monitor off-loading of the geosynthetics to be used in the liner system. Construction activities include the time during which the protective layer is installed over the geomembrane, to ensure that the placement techniques do not cause damage to the liner system materials.

(b) Liner systems shall be installed in accordance with a Department-approved construction quality assurance plan. Plans that comply with EPA Document EPA/600/R-93/182 shall be presumed to be in compliance with this section. The following minimum specific elements shall be included in the plan:

1. Responsibility and authority of all organizations and key personnel involved in permitting, designing, constructing, and providing construction quality assurance of the waste disposal facility shall be described fully,

2. Minimum qualifications of the construction assurance quality professional engineer and supporting personnel shall be in the plan to demonstrate that they possess the training and experience necessary to fulfill their identified responsibilities,

3. Procedures and tests that will be used to monitor the installation of the liner system components shall be described in detail,

4. The sampling activities, sample size, sample locations, frequency of testing, acceptance and rejection criteria, and plans for implementing corrective measures that may be necessary shall be described; and,

5. Reporting requirements for construction quality assurance activities shall be described, including daily summary reports, observation data sheets, problem identification and corrective measures, and final documentation. All such documents shall be included in the final report which shall be forwarded to the Department.

(c) Unless otherwise approved by the Department, one destructive test sample shall be collected every 500 feet along the total length of the seams. If an electrical leak location survey method, or other equivalent non-destructive test method, is used to locate and repair leaks in the installed liner system, then one destructive test sample shall be collected every 1000 feet along the total length of the seams in the areas where this method is used.

(d) If an electrical leak location survey method, or other equivalent method is used to test the geomembrane(s) in the liner system, testing shall be conducted after placement of the soil drainage layer. The geomembrane liner leak location survey shall be performed using standard industry methods, and any leaks located shall be repaired and tested by methods approved by the Department. The results of the geomembrane liner leak location survey, including a description of the locations of any leaks detected and the repairs that were conducted on these leaks, shall be documented in a final report included with the completion of construction documents required in this subsection.

(e) A laboratory experienced in the testing of geosynthetics, independent of the liner manufacturer and installer, shall perform the required testing which must include, at a minimum, conformance testing for all geosynthetics and geocomposites, and testing of seam shear and peel strength for geomembranes.

(f) The professional engineer in charge of construction quality assurance shall provide a signed, sealed final report and record drawings to the Department stating that the liner system has been installed in substantial conformance with the plans and specifications for the liner system. The report and drawings shall be submitted along with a certification of construction completion on Form 62-701.900(2).

(8) Soil liner construction quality assurance. In addition to the requirements of subsection (7), above, the following requirements apply to construction of the soil component of liner systems. All required testing and analysis shall be performed in accordance with generally accepted engineering procedures, such as those promulgated by the American Society for Testing and Materials (ASTM). Parenthetic references to ASTM methods are intended as guidance only.

(a) A construction quality assurance/quality control plan shall be prepared for each soil liner project to outline project specifications and construction requirements. The plan shall specify performance criteria for the soil liner, and provide quality control testing procedures and minimum sampling frequencies. In addition, the plan shall define the responsibilities of the parties that will be involved in soil liner construction, and shall present minimum qualifications of each party to fulfill their identified responsibilities.

(b) Field and laboratory testing during liner construction shall be conducted by a qualified soil testing laboratory representing the owner. A qualified field technician representing the owner shall provide full time, on-site inspection during liner construction. The field technician shall work under the supervision of a professional engineer with experience in soil liner construction.

(c) Prior to soil liner installation, an appropriate borrow source shall be located. Suitability of the liner construction materials from that source shall be determined in accordance with the following:

1. If demonstrated field experience is available from at least three prior successful projects of five or more acres each to document that a given borrow source can meet the requirements of the project specifications, then extensive laboratory testing of the borrow source will not be required. However, the source of material shall be geologically similar to and the methods of excavating and stockpiling the material shall be consistent with those used on the prior projects. Furthermore, a minimum of three representative samples from the appropriate thickness of the in-situ stratum or from stockpiles of the borrow material proposed for liner construction shall be submitted to an independent soil testing laboratory to document through index testing that the proposed material is consistent with the material used on prior successful projects. At a minimum, index testing shall consist of percent fines, Atterberg limits and moisture content determinations.

2. If demonstrated field experience as defined above is not available or cannot be documented, then the following requirements shall be met.

a. A field exploration and laboratory testing program shall be conducted by an independent soil testing laboratory to document the horizontal and vertical extent and the homogeneity of the soil strata proposed for use as liner material. A sufficient number of index tests from each potential borrow stratum shall be performed to quantify the variability of the borrow materials and to document that the proposed borrow material complies with specifications. At a minimum, the index tests shall consist of percent fines, Atterberg limits and moisture content determinations.

b. Sufficient laboratory hydraulic conductivity tests shall be conducted on samples representative of the range invariability of the proposed borrow source (ASTM D-5084). For each such sample, test specimens shall be prepared and tested to cover the range of molding conditions (moisture content and dry density) required by project specifications. The hydraulic conductivity tests shall be conducted in triaxial type permeameters. The test specimens shall be consolidated under an isotropic consolidation stress no greater than 10 pounds per square inch and permeated with water under an adequate backpressure to achieve saturation of the test specimens. The inflow to and outflow from the specimens shall be monitored with time and the hydraulic conductivity calculated for each recorded flow increment. The test shall continue until steady state flow is achieved and relatively constant values of hydraulic conductivity are measured (ASTM D-5084). The borrow source will only be considered suitable if the hydraulic conductivity of the material, as documented on laboratory test specimens, can be shown to meet the requirements of the project specifications at the 98 percent confidence level.

(d) Prior to full-scale liner installation, a field test section or test strip shall be constructed at the site above a prepared subbase. The test strip shall be considered acceptable if the measured hydraulic conductivities of undisturbed samples from the test strip meet the requirements of the project specifications at the 98 percent confidence level. If the test section fails to achieve the desired results, additional test sections shall be constructed in accordance with the following requirements:

1. The test section shall be of sufficient size such that full-scale liner installation procedures can be duplicated within the test section,

2. The test section shall be constructed using the same equipment for spreading, kneading and compaction and the same construction procedures (e.g., number of passes, moisture addition and homogenization, if needed) that are anticipated for use during full-scale liner installation,

3. At a minimum, the liner test section shall be subject to the following field and laboratory testing requirements:

a. A minimum of five random samples of the liner construction material delivered to the site during test section installation shall be tested for moisture content (ASTM D-2216), percent fines (ASTM D-1140) and Atterberg limits (ASTM D-4318),

b. At least five field density and moisture determinations shall be performed on each lift of the compacted liner test section,

c. Upon completion of the test section lift, the thickness of the lift shall be measured at a minimum of five random locations to check for thickness adequacy; and,

d. A minimum of five Shelby tube or drive cylinder (ASTM D-2937) samples shall be obtained from each lift of the test section for laboratory hydraulic conductivity testing. Laboratory hydraulic conductivity testing shall be conducted in triaxial type permeameters (ASTM D-5084). The test specimens shall be consolidated under an isotropic consolidation stress no greater than 10 pounds per square inch and permeated with water under an adequate backpressure to achieve saturation of the test specimens. The inflow to and outflow from the specimens shall be monitored with time and the hydraulic conductivity calculated for each recorded flow increment. The test shall continue until steady state flow is achieved and relatively constant values of hydraulic conductivity are measured (ASTM D-5084).

(e) Full scale liner installation may begin only after completion of a successful liner test section. During liner construction, quality control testing shall be provided to document that the installed liner conforms to project specifications. The testing frequencies for quality control testing are specified below; however, during construction of the first five acres of the liner, these frequencies shall be doubled. Samples shall be obtained from random locations selected by an independent soil testing laboratory. If there are indications of a change in product quality or construction procedures during liner construction, additional tests shall be performed to determine compliance.

1. Field testing during liner installation. The following field tests shall be performed:

a. Prior to the laying of the liner materials, the liner subbase shall be compacted to the specified density. Density tests shall be conducted at a minimum rate of two tests per acre,

b. A minimum of two moisture content and field density determinations shall be conducted per acre per lift of the compacted liner. The degree of compaction shall be checked using the one-point field Proctor test or other appropriate test procedures; and,

c. A minimum of four thickness measurements shall be conducted per acre per lift of the compacted liner.

2. Laboratory testing during liner installation. The following laboratory tests shall be performed:

a. Percent fines (ASTM D-1140) of the liner construction material shall be determined at a minimum frequency of two tests per ace per lift of installed liner,

b. Atterberg Limits determinations shall be performed on one sample per acre per lift of installed liner; and,

c. Hydraulic conductivity testing of Shelby tube or drive cylinder (ASTM D-2937) samples of the compacted liner shall be performed at a minimum frequency of one test per acre per lift. Laboratory hydraulic conductivity tests shall be conducted in triaxial type permeameters (ASTM D-5084). The test specimens shall be consolidated under an isotropic consolidation stress no greater than 10 pounds per square inch and permeated with water under an adequate backpressure to achieve saturation of the test specimens. The inflow to and outflow from the specimens shall be monitored with time and the hydraulic conductivity calculated for each recorded flow increment. The test shall continue until steady state flow is achieved and relatively constant values of hydraulic conductivity are measured.

(f) If the test data from a liner section does not meet the requirements of the project specifications, additional random samples may be tested from that liner section. If such additional testing demonstrates that the thickness and hydraulic conductivity meet the requirements of the project specifications at the 95 percent confidence level, that liner section will be considered acceptable. If not, that liner section shall be reworked or reconstructed so that it does meet these requirements.

(9) Surface water management systems.

(a) For aboveground disposal units, the design of any features intended to convey stormwater to a permitted or exempted treatment system shall be included in the solid waste construction permit.

(b) Stormwater or other surface water which comes into contact with the landfilled solid waste or mixes with leachate shall be considered leachate and is subject to the requirements of subsection 62-701.500(8), F.A.C.

(10) Gas control systems. Landfills that receive degradable wastes shall be designed and constructed with a gas management system that complies with the requirements of Rule 62-701.530, F.A.C.

(11) Landfills in ground water. A landfill constructed so that the bottom liner is constantly in contact with ground water is not prohibited by this rule. However, an applicant proposing such a design shall include special design features that demonstrate that the landfill will provide an equivalent degree of protection for the environment as would a similar landfill whose bottom liner is not in contact with ground water. Such a design is not entitled to the presumption of compliance with performance standards that is set forth in subsection (1), of this rule. In addition to any other financial assurance responsibilities for closure, an applicant shall provide financial assurance in accordance with Rule 62-701.630, F.A.C., sufficient to ensure long-term maintenance and operation of the leachate collection system.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.0877, 403.702, 403.704, 403.707 FS. History–New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.400, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.410 Hydrogeological and Geotechnical Investigation Requirements

(1) Applicability. Except as otherwise specifically provided herein, disposal facilities remain subject to the provisions of Rule 62-701.410, F.A.C., that were in effect at the time the facility was permitted or received a site certification, or at the time a complete application was submitted and deemed complete by the Department. This rule shall apply to permits or site certifications issued after February 15, 2015 for new disposal facilities or lateral expansion of existing disposal facilities that were not authorized by the Department in a permit or site certification prior to February 15, 2015. It is not the intent of this rule to require the owner or operator of any disposal unit for which a hydrogeological and geotechnical investigation has been approved in a permit by the Department to submit a new or updated report unless unstable areas have been discovered at the disposal facility since approval of the original investigations, or if design or operational changes will make the original investigations obsolete or incomplete.

(2) Hydrogeological investigation and site report. The hydrogeological investigation and site report required by subsection 62-701.330(3), F.A.C., shall be site specific, shall be conducted by or under the supervision of a professional geologist or professional engineer with experience in hydrogeologic investigations, and shall:

(a) Define the geology and hydrology of the disposal facility site and its relationship to the local and regional hydrogeologic patterns including:

1. Direction and rate of ground water and surface water flow, including seasonal variations,

2. Background quality of ground water and surface water,

3. Any on-site hydraulic connections between aquifers,

4. For all confining layers, semi-confining layers, and all aquifers below the site that may be affected by the disposal facility, the porosity or effective porosity, horizontal and vertical permeabilities, and the depth to and lithology of the layers and aquifers; and,

5. Topography, soil types and characteristics, and surface water drainage systems of the site and surrounding the site.

(b) Include an inventory of all the public and private water wells within a one-mile radius of the site. The inventory shall include, where available:

1. The approximate elevation of the top of the well casing and the depth of each well,

2. The name of the owner, the age and usage of each well, and the estimated daily pumpage; and,

3. The stratigraphic unit screened, well construction technique, and static water levels of each well.

(c) Identify and locate any existing contaminated areas on the site.

(d) Include a map showing the locations of all potable wells within 500 feet of the waste storage and disposal areas to demonstrate compliance with paragraph 62-701.300(2)(b), F.A.C.

(3) Geotechnical site investigation. The geotechnical site investigation required by subsection 62-701.330(3), F.A.C., shall be conducted by or under the supervision of a professional engineer with experience in geotechnical engineering. Investigations required in paragraphs (a) through (d) of this subsection, may be conducted by a professional geologist. Prior to any construction on the site, the engineer shall define the engineering properties of the site that are necessary for the design, construction, and support of the disposal facility and all installations of the facility and shall:

(a) Explore and describe subsurface conditions including soil stratigraphy and ground water table conditions;

(b) Explore and address the presence of muck, previously filled areas, soft ground, and lineaments;

(c) Evaluate and address fault areas, and seismic impact zones, as described in 40 C.F.R. 258.13, hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-05041), and 258.14, hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-05041). To obtain these documents see subsections 62-701.210(6) and 62-701.210(7), F.A.C., respectively;

(d) Include estimates of the average and maximum high ground water table across the site;

(e) Include a foundation analysis to determine the ability of the foundation to support the expected maximum loads and stresses imposed by the disposal facility. It may include geotechnical measures necessary to modify the foundation to accommodate the imposed loads and stresses. The foundation shall be analyzed for short-term, end of construction, and long-term stability and settlement conditions. Considering the existing or proposed subgrade conditions and the disposal facility geometry, the analysis shall include but not be limited to:

1. Foundation bearing capacity,

2. Subgrade settlements, both total and differential,

3. Subgrade slope stability,

(f) Evaluate the potential for sinkholes and sinkhole activity as those terms are defined in Section 627.706(2), F.S., and unstable areas as described in 40 C.F.R. 258.15, hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-05041). To obtain this document see subsection 62-701.210(8), F.A.C. The initial site investigation phase shall include, at a minimum, an evaluation of the following for the proposed site:

1. Historical aerial photography,

2. Site topographic survey to indicate potential depressional areas,

3. Lineament features that transverse the site,

4. General information indicating the potential for sinkhole formation such as the Floridan Aquifer Vulnerability Assessment (FAVA) map at http://www.dep.state.fl.us/geology/programs/hydrogeology/FAVA, and sinkhole or subsidence occurrence maps; and,

5. Results of borings and/or geophysical work performed to describe the nature of the subsurface geology and hydrogeology for the proposed landfill site, including the potential for unstable areas as described in 40 C.F.R. 258.15; and,

(g) If the investigations required above indicate that portions of subsurface below the disposal facility show signs of past sinkhole activity, or are reasonably expected to develop sinkholes or sinkhole activity in the future, additional geotechnical investigations shall be included to further characterize the subsurface below the disposal facility for the purpose of assessing potentially unstable areas and for evaluating the effectiveness and design for any engineering measures proposed for any potentially unstable areas. The investigation shall also include an evaluation of any engineering measures needed to provide reasonable assurance that the subsurface of the site in those areas will be adequate to support the disposal facility without adversely affecting the performance of the liner or leachate collection system.

(4) Geotechnical report. The geotechnical site investigation report shall describe the site subsurface conditions and shall include, at a minimum, the methods used in the investigation, including but not limited to, all soil boring logs and laboratory results, analytical calculations, cross sections, interpretations and conclusions. The report shall also include a description of any engineering measures proposed for the site.

(5) Report verification. The site reports and supporting information, including detailed description of the methods, calculations, and interpretations used, shall be signed and sealed by the appropriate professional. The hydrogeological report shall be signed and sealed by a professional geologist or professional engineer with experience in hydrogeological investigations. The geotechnical report shall be signed and sealed by a professional engineer with experience in geotechnical engineering. Any portion of the geotechnical report conducted or prepared by a professional geologist shall be signed and sealed by the professional geologist who performed the work.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.0877, 403.702, 403.704, 403.707 FS. History–New 1-6-93, Formerly 17-701.410, Amended 12-23-96, 5-27-01, 1-6-10, 2-15-15.

Fla. Admin. Code R. 62-701.420 Geotechnical Investigation Requirements

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History–New 1-6-93, Amended 1-2-94, Formerly 17-701.420, Repealed 12-23-96.

Fla. Admin. Code R. 62-701.430 Vertical Expansion of Landfills

(1) Applicability. Construction of a solid waste disposal unit on top of or against the side slopes of a previously filled landfill, whether active, closed, or inactive is considered vertical expansion of that landfill. Vertical expansion shall require either a modification of the landfill permit, or a new permit if the landfill has been closed. If a landfill has not been closed at the time of the vertical expansion, then the closure requirements of that landfill will apply at the time of closure of the vertical expansion, unless the closure requirements for the vertical expansion are more stringent. The following requirements shall apply:

(a) The vertical expansion shall not cause or contribute to any violations of water quality standards or criteria, shall not cause objectionable odors, and shall not adversely affect the closure design of the existing landfill.

(b) For vertical expansion over lined landfills, no interface liner is required between the old and new landfill slopes.

(c) For vertical expansion over landfills that were not constructed with a liner system or were not constructed in accordance with permit requirements, the vertical expansion shall comply with all the requirements of Rule 62-701.400, F.A.C., with the following exceptions:

1. Side slopes of six feet horizontal to one foot vertical rise or steeper require the installation of a single geomembrane slope liner overlain by a leachate collection and removal system.

2. The slope liner shall consist of a 60-mil or thicker HDPE geomembrane.

3. The liner shall be protected from physical damage by a 24-inch thick protective layer above the liner and a bedding layer below the liner at least 24 inches thick to protect against the calculated differential settlement.

4. In all vertical expansion construction, grades shall slope toward the new expansion area.

5. If the vertical expansion consists exclusively of construction and demolition debris, the expansion must comply with the requirements of Rule 62-701.730, F.A.C., as well as paragraph (a) of this subsection. If the vertical expansion consists exclusively of land clearing debris, the expansion must comply with the requirements of Rule 62-701.803, F.A.C., as well as paragraph (a) of this subsection.

6. If the vertical expansion consists of a composting operation, it must meet the requirements of Chapter 62-709, F.A.C., as well as paragraph (a), of this subsection.

7. If the vertical expansion consists of a Class III landfill, the provisions of paragraph 62-701.340(3)(c), F.A.C., apply.

(d) The provisions of subsection 62-701.610(1), F.A.C., are applicable to all operations, including recycling operations, conducted on top of closed landfills.

(2) Construction requirements. The design for the vertical expansion shall also provide calculations and supporting information on the following factors:

(a) Construction on the slopes of a filled landfill requires a determination of foundation stability in accordance with Rule 62-701.410, F.A.C., and calculations for the total settlement of the waste in the existing landfill and the waste that will be disposed of in the new disposal area to be constructed. Total settlement calculations shall address both compression and differential settlement and shall be based on worst case predictions. Total settlement calculations shall show the final elevations of the liner systems, that gravity drainage will be maintained, and that no other component of the design will be adversely affected.

(b) The vertical expansion design shall achieve a minimum factor of safety 1.5 using peak strengths for:

1. The liner system stability for liner systems installed over existing landfill slopes to prevent sliding along the interface between liner system components; and,

2. Deep stability, to prevent sliding along all potential failure surfaces through the waste mass, along the liner systems, and through the foundation soils.

(c) Surface water management during construction of the vertical expansion over the slopes of an existing landfill shall be consistent with subsection 62-701.400(9), F.A.C., and shall require proper design of the drainageway at the interface between the existing slopes and vertical expansion area. The design shall;

1. Prevent infiltration into the existing and new landfills,

2. Minimize erosion of cover materials,

3. Carry the calculated flow; and,

4. Comply with the cover requirements.

(d) A gas control system shall be installed to vent gas from the interface between the existing landfill slopes and the vertical expansion slopes to prevent accumulation of gas under the new liner system. Gas-venting shall include a gas-venting layer or system of gas collection wells under the entire slope that will be covered by the new liner system.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History–New 1-6-93, Amended 5-19-94, Formerly 17-701.430, Amended 5-27-01, 1-6-10, 2-15-15.

Fla. Admin. Code R. 62-701.500 Landfill Operation Requirements

(1) Operating personnel. All landfills shall have at least one trained operator at the landfill during all times when the landfill receives waste, in accordance with subsection 62-701.320(15), F.A.C. All landfills shall have at least one trained spotter at each working face at all times when the landfill receives waste to detect unauthorized wastes.

(2) Operation plan. Each landfill owner or operator shall have an operational plan that provides written, detailed instructions for the daily operation of the landfill. The operation plan shall be kept at or near the landfill facility and shall be accessible to landfill operators. The operation plan shall be substantially complied with at all times, and shall be revised if operational procedures change. The plan shall include procedures for:

(a) Designation of persons responsible for operation and maintenance of the facility;

(b) Emergency preparedness and response, as required in subsection 62-701.320(16), F.A.C.;

(c) Controlling the type of waste received at the site. The plan shall specify inspection procedures, number and location of spotters for each working face, and procedures to be followed if unauthorized waste is discovered;

(d) Weighing incoming waste, if required under paragraph 62-701.500(4)(a), F.A.C.;

(e) Vehicle traffic control and unloading;

(f) Method and sequence of filling waste;

(g) Waste compaction and application of cover;

(h) Operations of gas, leachate, and stormwater controls;

(i) Water quality monitoring; and,

(j) Maintaining and cleaning the leachate collection system.

(3) Operating record. The operating record shall consist of: all records, reports, analytical results, demonstrations, and notifications required by this chapter; any construction, operation, and closure permits, including all modifications to those permits, issued by the Department, along with the engineering drawings and supporting information; and the training records required by subsection 62-701.320(15), F.A.C. The record is considered part of the operation plan, and shall be kept with the plan at or near the landfill facility, or in an alternate location designated in the operating permit which is readily accessible to landfill operators. The operating record shall be available for inspection at reasonable times by Department personnel.

(4) Waste records.

(a) The owner or operator of a landfill shall weigh all solid waste as it is received. Landfill operators shall record, in tons per day, the amount of solid waste received and shall estimate the amount of wastes listed in paragraph (b), of this subsection, by county of origin. Waste reports shall be compiled monthly, and copies shall be provided to the Department annually, by February 1 of each year.

(b) Types of waste received:

1. Class I waste.

2. Class III waste.

3. Ash residue.

4. Other wastes.

(c) In addition to the reports above, the owner or operator of any landfill that knowingly accepts dedicated loads of construction and demolition debris for disposal shall submit the annual report required in subsection 62-701.730(12), F.A.C., by February 1 of each year.

(5) Control of access. To prevent unauthorized waste disposal, access to and use of the facility shall be controlled by fencing, gates, or other barriers, as well as signs and facility personnel. Public access and receipt of wastes shall occur only when an attendant is on duty.

(6) Monitoring of waste.

(a) The owner or operator shall implement a load-checking program to detect and discourage attempts to dispose of unauthorized wastes at the landfill. The load-checking program shall consist of the following minimum requirements:

1. The landfill operator shall examine at least three random loads of solid waste delivered to the landfill each week. The waste collection vehicle drivers selected by the inspector shall be directed to discharge their loads at a designated location within the landfill. A detailed inspection of the discharged material shall be made for any unauthorized wastes. If the landfill owner or operator also owns or operates a transfer station, this inspection may be carried out at that transfer station before delivery of the waste to the landfill.

2. If unauthorized wastes are found, the facility shall contact the generator, hauler, or other party responsible for shipping the waste to the landfill to determine the identity of the waste sources.

(b) Handling hazardous wastes.

1. If any regulated hazardous wastes are identified by random load checking, or are otherwise discovered to be improperly deposited at the landfill, the landfill operator shall promptly notify the Department, the person responsible for shipping the wastes to the landfill, and the generator of the wastes, if known. The area where the wastes are deposited shall immediately be cordoned off from public access. If the generator or hauler cannot be identified, the landfill operator shall assure the cleanup, transportation, and disposal of the waste at a permitted hazardous waste management facility.

2. Subsequent shipments from sources found or suspected to be previously responsible for shipping regulated hazardous waste shall be subject to precautionary measures prior to the solid waste management facility accepting wastes.

(c) Recording inspection results. Information and observations resulting from each random inspection shall be recorded in writing and retained at the landfill for at least three years. The recorded information shall include, at a minimum: the date and time of the inspection; the names of the hauling firm and the driver of the vehicle; the vehicle license plate number; the source of the waste, as stated by the driver; and observations made by the inspector during the detailed inspection. The written record shall be signed by the inspector.

(d) Temporary storage. The owner or operator shall make arrangements or shall have equipment for temporary storage, handling and transport to an authorized disposal or recycling facility for unauthorized waste which is inadvertently accepted by the facility. Unless an alternate schedule is included in an operation plan submitted with the permit application, which provides for the control of odors and vectors, putrescible waste shall not be stored for longer than 48 hours and non-putrescible waste shall not be stored for longer than 30 days.

(7) Waste handling requirements.

(a) All solid waste at Class I landfills shall be spread in layers of approximately two feet in thickness and compacted to approximately one foot in thickness or as thin a layer as practical before the next layer is applied. Solid waste at all Class III sites shall be spread in layers and compacted once every week using suitable heavy equipment. Bulky materials which are not easily compacted should be worked into other materials as much as practical.

(b) The first layer of waste placed above the liner and leachate collection system shall be a minimum of four feet in compacted thickness and consist of selected wastes containing no large rigid objects that may damage the liner or leachate collection system.

(c) Solid waste shall be formed into cells to construct horizontal lifts. The working face of the cell, and side grades above land surface, shall be at a slope no greater than three feet horizontal to one foot vertical rise. Lift depth shall not exceed 10 feet unless authorized in the operation plan. Lift depths greater than 10 feet may be allowed depending on specific operations, daily volume of waste, width of working face, and good safety practices.

(d) The working face shall be only wide enough to accommodate vehicles discharging waste, and to minimize the exposed area and unnecessary use of cover material.

(e) Initial cover shall be applied and maintained at landfills in order to minimize any adverse environmental, safety, or health effects such as those resulting from birds, unauthorized wastes, blowing litter, odors, vectors, or fires. To the extent the following materials meet the criteria of subsection 62-701.200(53), F.A.C., operators of landfills may use them as initial cover:

1. Auto shredder residue, alone or mixed with soil, at Class I landfills.

2. Recovered screen material at Class I or Class III landfills.

3. Street sweepings at Class I landfills. If no significant amount of Class I waste is present in the street sweepings, then they can also be used at Class III landfills.

4. Solid waste combustor ash residue at Class I landfills.

(f) The minimum frequency for applying cover is:

1. For Class I landfills, at the end of each working day. However, for those areas where solid waste will be deposited on the working face within 18 hours, initial cover may consist of a temporary cover, such as a tarpaulin, which may be removed prior to deposition of additional waste; and,

2. For Class III landfills, at the end of each work week.

(g) An intermediate cover in addition to the six-inch initial cover shall be applied and maintained within seven days of cell completion if additional solid waste will not be deposited within 180 days of cell completion. The landfill operator may remove all or part of the intermediate cover before placing additional waste or installing final cover. To the extent the following materials meet the criteria of subsection 62-701.200(55), F.A.C., operators of landfills may also use them as intermediate cover:

1. Recovered screen material.

2. A mixture of soil and ground or chipped yard trash provided that soil makes up at least 50 percent by volume of the mixture.

(h) Solid waste disposal units which have been filled to design dimensions shall receive final cover within 180 days after attaining final elevation or in accordance with the closure plan for the landfill.

(i) Uncontrolled and unauthorized scavenging shall not be permitted at any landfill site. Controlled salvaging for recycling may be permitted by the landfill operator.

(j) A litter policing operation shall be employed to keep litter from leaving the working area of the landfill. Litter outside the working area shall be picked up within 24 hours. Some litter may be exposed through the initial cover if it is in traffic areas and away from public view.

(k) Erosion control measures shall be employed to correct any erosion which exposes waste or causes malfunction of the storm water management system. Such measures shall be implemented within three days of occurrence. If the erosion cannot be corrected within seven days of occurrence the landfill operator shall notify the Department and propose a correction schedule.

(8) Leachate management.

(a) The landfill operator is responsible for leachate level monitoring.

(b) The landfill operator is responsible for the operation of the leachate collection and removal system and for maintaining the system as designed for the design period. Leachate shall be collected and treated as necessary so that water quality standards and criteria are not violated. If the leachate is classified as a hazardous waste, it shall be managed in accordance with Chapter 62-730, F.A.C. Leachate treatment or disposal facilities that may be used shall be identified in the operating plan, and the Department shall be notified as to which facility is actually being used.

(c) Leachate may be discharged to an off-site treatment plant. The landfill operator is responsible for having a written contract or agreement with the off-site treatment plant to discharge leachate to the plant.

(d) Onsite leachate treatment or pretreatment systems are part of the leachate collection and removal system and shall be designed according to the expected characteristics of the leachate. The design may include adjustments to the system as necessary to accommodate changing leachate characteristics.

(e) The landfill operator shall have a prepared contingency plan to handle leachate collection, removal, and treatment problems such as interruptions of discharges to a treatment plant.

(f) Quantities of leachate collected by the leachate collection and removal system shall be recorded in gallons per day before on-site treatment or transport off-site, and shall be included with the operating record.

(g) A recording rain gauge shall be installed, operated, and maintained to record precipitation at the landfill. Precipitation records shall be included with the operating record and shall be maintained and used by the permittee to compare with leachate generation rates.

(h) New leachate collection systems shall be water pressure cleaned or inspected by video recording after construction but prior to initial placement of wastes. Existing leachate collection systems shall be water pressure cleaned or inspected by video recording at least once every five years. Results of the collection system cleanings or inspections shall be available to the Department upon request.

(9) Gas monitoring. All landfills that have received degradable wastes shall implement a gas management system to meet the requirements of Rule 62-701.530, F.A.C.

(10) Stormwater system management. Stormwater management systems shall be operated and maintained as necessary to meet the requirements of subsection 62-701.400(9), F.A.C.

(11) Equipment and operation features. The landfill shall have:

(a) Sufficient equipment to ensure proper operation of the landfill and for excavating, spreading, compacting, and covering waste;

(b) Sufficient reserve equipment or arrangement to obtain additional equipment within 24 hours of equipment breakdown;

(c) Communications equipment for emergency and routine communications;

(d) Dust control methods;

(e) Fire protection and fire-fighting capabilities adequate to control accidental burning of solid waste in the landfill. Fire protection includes procedures for notification of local fire protection agencies for assistance in emergencies;

(f) Litter control devices, portable fences, or other suitable devices; and,

(g) Signs indicating the name of the operating authority, traffic flow, hours of operations and restrictions or conditions of disposal.

(12) Roads. The landfill shall have:

(a) An all-weather access road that is passable and safe under normal operating conditions; and,

(b) An inside perimeter road and other on-site roads, maintained to allow access to monitoring devices and stormwater controls, for landfill inspections and fire fighting.

(13) Recordkeeping. In addition to records and reporting required by other sections of this chapter, the landfill owner or operator shall:

(a) Keep records of all information used to develop or support the permit applications and any supplemental information submitted to comply with this chapter pertaining to construction of the landfill throughout the design period. Records pertaining to the operation, except for weigh tickets, of the landfill shall be kept for the design period of the landfill. Weigh tickets shall be kept for five years.

(b) Retain records of all monitoring information, including calibration and maintenance records, all original chart recordings for continuous monitoring instrumentation, and copies of all reports required by permit, for at least ten years. Background water quality records shall be kept for the design period of the landfill.

(c) Maintain an annual estimate of the remaining life and capacity in cubic yards of the existing, constructed landfill and an annual estimate of the life and capacity in cubic yards of other permitted areas not yet constructed. The estimate shall be made and reported annually to the Department.

(d) Records which are more than five years old and which are required to be retained may be archived, provided that the landfill operator can retrieve them for inspection within seven days.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History–New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.500, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.510 Water Quality Monitoring Requirements

(1) Applicability.

(a) This rule shall apply to all applications for construction, operation, or closure (including long-term care) of a solid waste disposal unit at a landfill. However, subsection (3) of this rule, shall not apply to any solid waste disposal unit in operation prior to January 6, 1993, that has a ground water monitoring system installed and maintained as required in its approved ground water monitoring plan.

(b) This rule is intended to supplement the ground water monitoring requirements of Chapter 62-520, F.A.C. Any provisions of chapter 62-520, F.A.C., that are not in direct conflict with the provisions of this rule remain applicable. This rule does not relieve a person from compliance with any permit condition or Department order, nor does it limit the Department’s authority to modify a permit or ground water monitoring plan in accordance with Chapter 62-520, F.A.C.

(c) The requirements of this rule are the minimum standards for monitoring water quality. Nothing in this rule shall be construed to prevent the Department from imposing more stringent standards as necessary to protect the environment and the public health and safety due to site specific conditions and types of wastes to be disposed of in landfills or solid waste disposal units.

(2) Water quality monitoring plan and system.

(a) The permit applicant shall provide to the Department a water quality monitoring plan for the landfill that describes the proposed ground water and surface water monitoring systems. The plan shall be based on the hydrogeological investigation required in Rule 62-701.410, F.A.C., and be prepared by, or under the supervision of, a professional geologist or professional engineer with experience in hydrogeologic investigations. The plan shall be signed and sealed by the professional geologist or professional engineer.

(b) The water quality monitoring system shall be installed and consist of: a sufficient number of ground water wells installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer, as well as other aquifers reasonably expected to be affected by the landfill; and surface water monitoring points installed at locations to yield samples of surface water that may be affected by the landfill. All sampling and analysis activities shall be performed in accordance with Chapter 62-160, F.A.C.

(c) The water quality monitoring plan shall comply with the provisions of subsection 62-520.600(3), F.A.C. The applicant shall specify sampling locations and frequency in the water quality monitoring plan, and shall provide justification for these locations and frequencies based upon site conditions.

(3) Ground water monitoring.

(a) Two or more detection wells shall be located within the zone of discharge hydraulically downgradient from the solid waste disposal unit, to detect leachate releases. These wells shall be located no more than 50 feet from the edge of the solid waste disposal unit, unless site specific conditions make such placement impractical. These wells shall be capable of monitoring each solid waste disposal unit as it is operated.

(b) Multiple downgradient compliance wells shall be located at or immediately adjacent to the compliance line of the zone of discharge, if required in subsection (6) of this rule. If site-specific conditions require installation of compliance wells within the zone of discharge, then a confirmed exceedance of a ground water standard above background at such wells will be considered a violation of that standard.

(c) A sufficient number of background wells installed as part of the site hydrogeological investigation required in Rule 62-701.410, F.A.C., shall be maintained throughout the design life of the landfill to provide information on background water quality.

(d) Monitoring wells.

1. The location of each well, in degrees, minutes and seconds (to two decimal places) of latitude and longitude, and the elevation of the top of the well casing to the nearest 0.01 foot, using a consistent, nationally recognized datum, shall be determined by a Florida Licensed Professional Surveyor and Mapper. The location information required in subparagraph 62-701.320(7)(f)7., F.A.C., shall be included. Upon completion of each well, Form 62-701.900(30), Monitoring Well Completion Report, effective date January 6, 2010, hereby adopted and incorporated by reference, shall be submitted to the Department to report details of the well construction and location. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

2. An identification number shall be assigned by the Department to each monitoring well in accordance with the Department’s Water Assurance Compliance System computer file. The identification number shall be used on all water quality monitoring reports.

3. Well spacing shall be spaced no greater than 500 feet apart across the downgradient direction of ground water flow, and no greater than 1,500 feet apart across the upgradient direction of ground water flow, in the uppermost aquifer within the zone of discharge, unless site specific conditions support the use of alternate well spacing. Conditions to be considered include ground water flow directions and rates, estimated longitudinal and transverse dispersivity rates, proximity to or presence of sensitive environments and ground water users, nature of the wastes, method of disposal, and the proposed design and size of the facility.

4. Well screens shall be located to readily detect representative ground water conditions within the saturated thickness of the uppermost aquifer within the zone of discharge. Well screens shall not act as conduits through confining layers between water bearing strata. The annular space (the space between the borehole and well casing) above the sampling depth shall be sealed to prevent contamination of samples and ground water. Unless otherwise approved by the Department pursuant to subsection 62-701.510(2), F.A.C., wells monitoring the unconfined water table shall be screened so that the water table can be sampled at all times. The applicant shall provide technical justification for the actual screen length chosen.

5. Monitoring wells shall be constructed so as to provide ground water samples that exhibit the physical and chemical properties of that portion of the aquifer screened by the well. Unless otherwise authorized in a Department permit, new monitoring wells, and existing monitoring wells at the time of permit renewal, shall have protective bollards or other devices installed around them if they are located in areas of high traffic flow to prevent damage from passing vehicles. Monitoring wells shall be locked to minimize the potential for unauthorized access.

6. Any monitoring wells which are abandoned or which will be covered due to lateral expansions of a landfill or the construction of new solid waste disposal units shall be plugged as necessary so that they do not act as a conduit for any leachate release to the ground water. The Department shall be notified in writing before any monitoring wells are abandoned or plugged.

7. Detection sensors capable of detecting changes in ground water that may indicate leachate releases, linked to a data recorder, may be used to augment detection wells or may be used as an alternative to detection wells, upon demonstration of their effectiveness to the Department.

(4) Surface water monitoring.

(a) All surface water bodies that may be affected by a contaminant release from the facility shall be monitored, except bodies of water contained completely within the property boundaries of the disposal site which do not discharge from the site to surface waters. In bodies of standing water, one or more representative monitoring points shall be located as close as practical to the facility. For flowing water bodies, a sufficient number of upgradient and downgradient locations shall be used to allow the effect of the landfill to be measured.

(b) Discharges from detention ponds for storm water shall be sampled at the point of discharge to waters of the state or from the property, whichever is closer to the detention pond.

(c) The details concerning the sampling locations and the analysis requirements shall be specified in the water quality monitoring plan. Each monitoring location shall be marked and its position shall be determined by a Florida Licensed Professional Surveyor and Mapper in degrees, minutes and seconds of latitude and longitude.

(5) Initial and routine sampling frequency and requirements. Except as otherwise specified in a Department permit or order or in subsection (6) of this rule, frequency of sampling and analysis shall comply with the following. However, the owner or operator of a solid waste disposal unit may request a permit modification from the appropriate District Office of the Department to delete specific monitoring parameters or field parameters from routine analyses of detection or compliance wells and surface water. The Department will grant such modification upon a demonstration that these parameters are not reasonably expected to be in or derived from the waste contained in the unit, or are not reasonably expected to be detected in the ground water as a result of the operations of the facility.

(a) Demonstration to delete parameters. A demonstration to delete monitoring parameters may include an evaluation of:

1. The concentration or contrast between contaminants likely to leach from the waste in the disposal unit and in background water quality; and,

2. The types, quantities and concentrations of constituents in the wastes, and their degradation products, managed at the facility,

(b) Initial background water quality.

1. Initial background water quality for a proposed landfill shall be determined by analysis of at least one water sample taken from each well that was installed, and each surface water monitoring location that was established, during the site hydrogeological investigation. Any new monitoring well that is installed after completion of the site hydrogeological investigation, unless the new monitoring well is installed to replace an existing well within the monitoring network, shall also be analyzed for initial background water quality. The water quality information shall be submitted to the Department as part of the supporting information for the permit application.

2. Sampling and analysis for initial background ground water quality shall be for the parameters listed in paragraphs (7)(a) and (7)(c) of this rule.

3. Sampling and analysis for initial background surface water quality shall be for the parameters listed in paragraph (7)(b) of this rule.

(c) Routine monitoring well sampling. All detection wells, and a representative sample of background wells, shall be sampled and analyzed at least semi-annually for the ground water parameters listed in paragraph (7)(a) of this rule, in accordance with the water quality monitoring plan. The owner or operator of a solid waste disposal unit may request a permit condition or modification from the appropriate District Office of the Department to use an alternate monitoring frequency. The Department will approve such condition or modification upon a demonstration that the alternate frequency is appropriate based upon site specific lithology of the aquifer and unsaturated zone, hydraulic conductivity of the aquifer and unsaturated zone, ground water flow rates, minimum distance of travel and the fate and transport of parameters detected.

(d) Routine surface water sampling. Surface waters shall be sampled and analyzed semi-annually for the parameters listed in paragraph (7)(b) of this rule, in accordance with the water quality monitoring plan.

(6) Evaluation monitoring, prevention measures and corrective action.

(a) Evaluation monitoring and prevention measures. If monitoring parameters are detected in detection wells in concentrations that are significantly above background water quality, or that are at levels above the Department’s water quality standards or criteria specified in Chapter 62-520, F.A.C., the permittee may resample the wells within 30 days after the sampling data is received, to confirm the data. Should the permittee choose not to resample, the Department will consider the water quality analysis as representative of current ground water conditions at the facility. If the data is confirmed, or if the permittee chooses not to resample, the permittee shall notify the Department in writing within 14 days of this finding. The permittee, upon notification to the Department in writing within 14 days of the finding of the above sampling or resampling event, may also choose to demonstrate that a source other than the solid waste disposal unit is expected to be the cause of the observed detections in the water quality analysis. A report documenting this demonstration must be signed and sealed by a Florida registered professional geologist or professional engineer and submitted to the Department within 60 days of the demonstration notification. If a successful demonstration is made and approved by the Department, the owner or operator may continue detection monitoring as specified in this section. If the Department determines that a successful demonstration has not been made within 60 days after the permittee submits the demonstration report, or the permittee chooses not to pursue such demonstration, then upon notification by the Department, the permittee shall initiate evaluation monitoring as follows:

1. Routine monitoring of all monitoring wells and surface water monitoring locations shall continue according to the requirements of subsection (5) of this rule.

2. Except as provided in paragraph (b) of this subsection, within 90 days of notification from the Department to initiate evaluation monitoring and annually thereafter, the permittee shall sample and analyze a representative sample of the background wells and all affected detection wells for the parameters listed in paragraph (7)(c) of this rule. Any new parameters detected and confirmed in the affected downgradient wells shall be added to the routine ground water monitoring parameter lists required in subsection (5) of this rule, for the affected wells.

3. Within 90 days of notification from the Department to initiate evaluation monitoring, the permittee shall install and sample compliance monitoring wells at the compliance line of the zone of discharge and downgradient from the affected detection monitoring wells. These wells shall be installed according to the requirements of paragraph (3)(d), of this rule, and, except as provided in paragraph (b) of this subsection, samples from these wells and the affected detection wells shall be analyzed quarterly for the parameters listed in paragraph (7)(a) of this rule, and any other parameters detected in the affected detection and downgradient wells sampled in subparagraph (6)(a)2., and annually for the parameters listed in paragraph (7)(c). If any contaminants are detected and confirmed in compliance wells in concentrations that exceed both background levels and Department water quality standards or criteria, then the provisions of paragraph (6)(c) of this rule apply; otherwise, the following subparagraphs apply.

4. Within 180 days of notification from the Department to initiate evaluation monitoring, the permittee shall submit a contamination evaluation plan to the appropriate Department District Office. This plan shall be designed to delineate the extent and cause of the contamination, in order to predict the likelihood that Department water quality standards will be violated outside the zone of discharge, and to evaluate methods to prevent any such violations. After the Department and the permittee agree that the plan is so designed, the permittee shall implement this plan and submit a contamination evaluation report in accordance with the plan. All reasonable efforts shall be made by the permittee to prevent further degradation of water quality from the landfill activities.

5. If the contamination evaluation report indicates that water quality standards or criteria are likely to be violated outside the zone of discharge, the permittee shall, within 90 days, submit a prevention measures plan to the Department. Upon approval, the permittee shall initiate prevention measures to prevent such violations.

6. The owner or operator of a solid waste disposal unit may request authorization from the appropriate District Office of the Department to use an alternate monitoring frequency, for repeated sampling during evaluation monitoring. The Department will grant such authorization upon a demonstration that the alternate frequency is appropriate based upon site specific lithology of the aquifer and unsaturated zone, hydraulic conductivity of the aquifer and unsaturated zone, ground water flow rates, minimum distance of travel and the fate and transport of parameters detected.

7. The owner or operator of a solid waste disposal unit may request authorization from the appropriate District Office of the Department to delete specific monitoring parameters or field parameters from evaluation analyses of detection or compliance wells. The Department will grant such authorization upon a demonstration that these parameters are not reasonably expected to be in or derived from the waste contained in the unit.

8. The permittee shall not discontinue evaluation monitoring, and return to routine monitoring only, until authorized to do so by the Department. The Department shall make this determination based upon the results of the contamination evaluation report and other relevant water quality data.

(b) If the parameters detected in the detection wells identified in paragraph (a) of this subsection, consist only of iron, aluminum, manganese, sulfates, or total dissolved solids (TDS), either individually or in any combination, then only the detected parameters are required to be monitored in the representative background wells, affected detection wells and downgradient compliance wells required in this section rather than the parameters listed in paragraphs (7)(a) and (7)(c). However, if the facility is unlined, the parameters specified in paragraph (7)(a), shall also be analyzed for in the initial sampling event for the affected detection wells and downgradient compliance wells.

(c) Corrective actions.

1. If any contaminants are detected and confirmed in compliance wells in concentrations that exceed both background levels and Department water quality standards or criteria, the permittee shall notify the Department within 14 days of this finding and shall either pursue a demonstration that the exceedance is not related to the solid waste disposal unit in accordance with the requirements of paragraph 62-701.510(6)(a), F.A.C., or shall initiate corrective actions. If the permittee is unable to demonstrate that the exceedance is not related to the solid waste disposal unit, the permittee must initiate corrective actions. Unless alternative corrective actions are specifically required in a permit or consent order in effect on April 17, 2005, corrective actions shall comply with the applicable provisions of Chapter 62-780, F.A.C. This provision is intended to clarify that applicable elements of Chapter 62-780, F.A.C., set forth the appropriate corrective actions in such cases, not to create a new requirement for corrective actions or to incorporate Chapter 62-780, F.A.C., into Chapter 62-701, F.A.C. Evaluation monitoring shall continue according to the requirements of paragraph (6)(a) of this rule.

2. For purposes of this rule, Chapter 62-780, F.A.C., is intended to apply only to violations of ground and surface water quality standards and criteria outside of the facility’s permitted zone of discharge. Nothing herein is intended to limit a person’s liability for site rehabilitation resulting from unauthorized spills, leaks, or discharges of pollutants or hazardous substances.

a. The provisions in Chapter 62-780, F.A.C., regarding assessment and remediation of contamination in soils do not apply.

b. The provisions in Chapter 62-780, F.A.C., regarding source removal, de minimis discharges, emergency response actions, interim source removal, do not apply.

c. To the extent that any requirements in Chapter 62-780, F.A.C., regarding notice, quality assurance, professional certification, frequency of sampling events, emergency response, or long-term care may conflict with similar requirements in Chapter 62-701, F.A.C., or in a facility’s permit conditions, the requirements in Chapter 62-701, F.A.C., or the facility’s permit, shall govern.

3. For purposes of this rule, the following definitions in Chapter 62-780, F.A.C., shall have the following meanings:

a. “Cleanup target level” means primary and secondary ground water standards, ground water minimum criteria, surface water standards, and surface water toxicity and human health criteria, which are specified in Chapter 62-777, F.A.C.

b. “Contaminated site” means any surface water or ground water outside of the facility’s zone of discharge that contains contaminants that may be harmful to human health or the environment.

(7) Water quality parameters. The following list of water quality monitoring parameters shall be used for each type of sampling to be done.

(a) Ground water monitoring parameters:

Field Parameters

Laboratory parameters

Static water level in wells before purging

Total ammonia – N

Specific conductivity

Chlorides

pH

Iron

Dissolved oxygen

Mercury

Turbidity

Nitrate

Temperature

Sodium

Colors and sheens

Total dissolved solids (TDS)

(by observation)

Those parameters listed in 40 C.F.R. Part

258 Appendix I

(b) Surface water monitoring parameters:

Field parameters

Laboratory parameters

Specific conductivity

Unionized ammonia

pH

Total hardness (as mg/L CaCO3)

Dissolved oxygen

Biochemical oxygen demand (BOD5)

Turbidity

Temperature

Iron

Colors, sheens (by observation)

Mercury

Nitrate

Total dissolved solids (TDS)

Total organic carbon (TOC)

Fecal coliform

Total phosphorus (as mg/L P)

Chlorophyll A

Total nitrogen

Chemical oxygen demand (COD)

Total suspended solids (TSS)

Those parameters listed in 40 C.F.R. Part 258 Appendix I

(c) Those parameters listed in 40 C.F.R. Part 258, Appendix II, as well as the field parameters specified in paragraph (a) of this subsection.

(8) Water quality monitoring reporting.

(a) The landfill owner or operator shall report all representative water quality monitoring results to the Department within 60 days from completion of laboratory analyses, unless a different due date is specified in the permit. In accordance with subsections 62-160.240(3) and 62-160.340(4), F.A.C., water quality data shall be provided to the Department in an electronic format consistent with requirements for importing into Department databases, unless an alternate form of submittal is specified in the permit. The permittee shall include Form 62-701.900(31), Water Quality Monitoring Certification, effective date January 6, 2010, hereby adopted and incorporated by reference, with each report certifying that the laboratory results have been reviewed and approved by the permittee. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The operator of the landfill shall notify the Department at least 14 days before the sampling is scheduled to occur so that the Department may collect split samples. The report shall include at least the following:

1. The facility name and identification number, sample collection dates, and analysis dates,

2. All analytical results, including all peaks even if below maximum contaminant levels,

3. Identification number and designation of all surface water and ground water monitoring points,

4. Applicable water quality standards,

5. Quality assurance, quality control notations,

6. Method detection limits,

7. STORET code numbers for all parameters,

8. Water levels recorded prior to evaluating wells or sample collection. Elevation reference shall include the top of the well casing and land surface at each well site at a precision of plus or minus 0.01 foot (using a consistent, nationally recognized datum),

9. An updated ground water table contour map signed and sealed by a professional geologist or professional engineer with experience in hydrogeologic investigations, with contours at no greater than one-foot intervals unless site-specific conditions dictate otherwise, which indicates ground water elevations and flow direction; and,

10. A summary of any water quality standards or criteria that are exceeded.

(b) A technical report, signed and sealed by a professional geologist or professional engineer with experience in hydrogeologic investigations, shall be submitted to the Department every two and on-half years during the active life of the facility, and every five years during the long-term care period. The report shall summarize and interpret the water quality and water level measurements collected during the past two and one-half years or five years for facilities in long-term care. The report shall contain, at a minimum, the following:

1. Tabular displays of any data which shows that a monitoring parameter has been detected, and graphical displays of any leachate key indicator parameters detected (such as pH, specific conductance, TDS, TOC, sulfate, chloride, sodium and iron), including hydrographes for all monitor wells,

2. Trend analyses of any monitoring parameters consistently detected,

3. Comparisons among shallow, middle, and deep zone wells if multiple zones are monitored,

4. Comparisons between background water quality and the water quality in detection and compliance wells,

5. Correlations between related parameters such as total dissolved solids and specific conductance,

6. Discussion of erratic and/or poorly correlated data,

7. An interpretation of the ground water contour maps, including an evaluation of ground water flow rates; and,

8. An evaluation of the adequacy of the water quality monitoring frequency and sampling locations based upon site conditions.

(c) Instead of submitting the technical report of paragraph 62-701.510(8)(b), F.A.C., every two and one-half years, the permittee may elect to submit this required information annually in the second semi-annual report of each year, provided the annual technical report includes at least the last two and one-half years of water quality data.

(d) All field and laboratory records specified in Rules 62-160.600-.630, F.A.C., shall be made available to the Department and be retained for the design period of the landfill.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History–New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.510, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.520 Special Waste Handling

(1) Motor vehicles. Motor vehicles that are brought to a landfill may be stored temporarily in a separate area until they are removed for recycling. If vehicles cannot be recycled, all fluids and batteries shall be removed from the vehicles and they shall be compacted to minimize voids before being placed in the disposal area.

(2) Landfilling shredded waste. Landfilling shredded solid waste without daily soil cover may be an environmentally acceptable method of final disposal at a landfill that meets the requirements of Rule 62-701.340, F.A.C. A properly designed and operated shredding facility shall be approved by the Department contingent upon the following conditions:

(a) Particle size. Seventy percent of all shredded waste, dry weight, shall be capable of passing through a three-inch screen.

(b) Waste shall be spread to a smooth contour and compacted promptly after placement and left undisturbed to prevent odors. Blowing of shredded waste by the wind shall be controlled.

(c) All solid waste storage areas in the shredding facility shall be maintained and cleaned at the end of each day’s operations or during continuous operation, as necessary, to prevent vector problems. All equipment shall be designed and maintained to control spillage and to achieve the required product quality.

(d) An operational plan shall include provisions for removal and proper disposal of wastes within 24 hours should the shredding facility break-down or operational quality be diminished. The operational plan shall include provision for a stock pile of emergency soil cover material and a plan to convert the operation to a conventional landfill operation.

(e) Shredded waste disposal units that fill design dimensions shall be closed in accordance with Rule 62-701.600, F.A.C.

(3) Asbestos waste disposal.

(a) Asbestos-containing waste materials may be accepted for disposal at a permitted Class I or III landfill. Each active waste disposal site that receives asbestos-containing waste material from a source covered under the National Emission Standards for Asbestos, 40 C.F.R. Part 61, Subpart M, shall meet the requirements of 40 C.F.R. Part 61.154, which are incorporated by reference herein. For purposes of this rule, the term “Administrator,” when used in 40 C.F.R. Part 61.154, shall mean Secretary of the Department of Environmental Protection.

(b) The waste generator shall make arrangements with the landfill operator before disposal of such regulated asbestos-containing waste materials, and inform the operator of the quantity of the waste and the scheduled date the shipment will arrive at the landfill.

(c) The landfill operator shall direct the waste transporter to the designated disposal location. The disposal location shall be recorded in accordance with 40 CFR Part 61.154, and a record of the asbestos location shall be maintained.

(4) Contaminated soil. Soil that has been contaminated with petroleum products or any other materials that are not hazardous wastes may be disposed of in Class I landfills, or in lined Class III landfills if the soil does not have the potential to leach constituents in excess of Department ground water standards or criteria. Such soil also may be used as initial or intermediate cover material at lined landfills if it meets the criteria of subsection 62-701.200(53) or (55), F.A.C., as appropriate. Contaminated soil that has the potential to leach constituents in excess of Department ground water standards or criteria may be used only for cover at Class I landfills and only in those areas of the landfill where runoff or infiltration is captured by the leachate collection system.

(5) Biological waste disposal.

(a) Disposal of bodies of domestic animals, upon the death of such animals due to disease, shall be accomplished pursuant to Section 823.041(1), F.S. This provision does not prohibit the disposal of such animals in Class I landfills.

(b) Disposal of dead poultry and hatchery residue shall be accomplished pursuant to Section 583.181(2), F.S.

(c) Bodies of captive wildlife, of fish or marine mammals, as well as bodies of domestic animals that have not died due to disease, may either be used, burned, disposed of in a Class I landfill, or disposed of on the property where they died, or other properties approved of by the Department, provided they are buried at least two feet below the surface of the ground and above the water table.

(d) Biomedical waste that has been treated may be disposed of as solid waste that is not biomedical. Such treated waste must be in containers clearly labeled with the phrase “Treated Biomedical Waste.” The local governments that are responsible for solid waste collection and disposal shall be notified that treated biomedical waste will be disposed of in their facility before such disposal. This requirement does not supersede the provisions of Section 381.0098(8), F.S., regarding acute care hospitals. All transport vehicles transporting treated biomedical waste to a solid waste facility for disposal shall be fully enclosed and secured when unattended. This provision shall not be construed as superseding a solid waste management facility operator’s authority to set limitations or restrictions on the disposal of treated biomedical waste at that facility. Treated biomedical waste shall be disposed of only at permitted Class I landfills or incinerators used to combust solid waste.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.705, 403.707, 403.708 FS. History–Formerly 10D-12.07, 10-1-74, Amended 5-24-79, 11-25-82, 7-10-84, 12-10-85, Formerly 17-7.06, 17-7.060, 17-701.060, Amended 1-6-93, 1-2-94, Formerly 17-701.520, Amended 5-27-01, 1-6-10, 2-15-15.

Fla. Admin. Code R. 62-701.530 Gas Management Systems

(1) Design requirements.

(a) Landfills that receive degradable wastes shall have a gas management system designed to prevent explosions and fires, and to minimize off-site odors, lateral migration of gases and damage to vegetation. Combustible gases shall be calibrated to methane. Owners or operators of such landfills shall submit a general gas management system design as part of their permit application, and may modify that design as necessary at the time of closure based upon site-specific conditions. Landfill gas management systems shall:

1. Be designed to prevent the concentration of combustible gases generated by the landfill from:

a. Exceeding twenty-five percent of the lower explosive limit for combustible gases in structures on- or off-site, excluding gas control or recovery components; and,

b. Exceeding the lower explosive limit for combustible gases at or beyond the landfill property boundary,

2. Be designed for site-specific conditions,

3. Be designed to reduce gas pressure in the interior of the landfill by collecting the gases to prevent them from moving laterally. Air shall not be forced into the collection system. Passive venting or suction shall be used to extract gas; and,

4. Be designed to not interfere with or cause failure of the liner, leachate control systems or final cover.

(b) Flaring of landfill gases may be used as a method of gas control, particularly control of objectionable odors, in accordance with the permitting requirements of Chapter 62-296, F.A.C.

(c) Landfills using piping or a similar conduit to convey gas shall be furnished with a positive means of gas condensate collection and disposal at each low point in the conveyance system.

(2) Monitoring requirements. Owners or operators of solid waste disposal units at landfills that have received degradable waste shall implement a routine gas monitoring program to ensure that the design requirements of subparagraphs (1)(a)1. and 3. of this rule are met. The routine gas monitoring program shall monitor concentrations of combustible gases at ambient monitoring points and in soil monitoring probes.

(a) Ambient monitoring points. Ambient monitoring points shall be located in onsite structures, excluding gas control or recovery components, that can be impacted by combustible gases from the landfill as determined by the location of these structures and property boundaries of the facility.

(b) Soil monitoring probes. Soil monitoring probes shall be installed along each property boundary segment of the facility, particularly those adjacent to off-site occupied structures within 100 feet of the property boundary or where distressed vegetation is present, and shall be spaced as needed to detect gas migration. When locating the soil monitoring probes, the owner or operator shall also consider the location of facility structures and the soil conditions, hydrogeologic conditions and hydraulic conditions surrounding the facility. Soil monitoring probes shall extend to the depth of the base of waste fill or at least three feet below ground surface, whichever is deeper. Sampling shall be conducted in the headspace of the monitoring probe without purging the gas before collecting the sample. Where sand, gravel, or more gas permeable soil strata may interconnect the waste deposit and the property boundary, multiple depth monitoring probes if a confining unit is not penetrated, or a single monitoring probe extending from the soil surface to the water table, are necessary to draw gas samples from the permeable layers.

(c) All ambient monitoring points and soil monitoring probes shall be sampled quarterly for concentrations of combustible gases, and the results reported to the Department no later than 15 days after the end of the quarter in which the monitoring occurred. Combustible gases shall be determined as a percent of the lower explosive limit and shall be calibrated to methane.

(3) Construction and control requirements. The gas management system shall be constructed and operated as authorized by a Department permit or this rule.

(a) Gas remediation plan. If the results of monitoring show that combustible gas concentrations exceed the lower explosive limits specified in subsection (1) of this rule, the owner or operator shall:

1. Immediately take all necessary steps to ensure protection of human health and notify the Department; and,

2. Within seven days of detection, submit to the Department for approval a gas remediation plan for the gas releases. The plan shall describe the nature and extent of the problem and the proposed remedy. The remedy may include some or all of the gas management system design contained in subsection (1) of this rule. The remedy shall be completed within 60 days of detection unless otherwise approved by the Department.

(b) Odor remediation plan. The facility shall be operated to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C. After being notified by the Department that objectionable odors have been confirmed beyond the landfill property boundary, the owner or operator shall:

1. Immediately take steps to reduce the objectionable odors. Such steps may include applying or increasing initial cover, reducing the size of the working face, and ceasing operations in the areas where odors have been detected,

2. Submit to the Department for approval an odor remediation plan for the gas releases. The plan shall describe the nature and extent of the problem and the proposed long-term remedy. The remedy shall be initiated within 30 days of approval.

3. Implement a routine odor monitoring program to determine the timing and extent of any off-site odors, and to evaluate the effectiveness of the odor remediation plan.

(4) Closure requirements. Owners or operators of solid waste disposal units at landfills that have received degradable waste and have been filled to their design dimensions, and have not been certified closed prior to May 27, 2001, shall construct, if not already constructed, and operate a gas management system to ensure that the requirements of subsections (1), (2) and (3) of this rule, are met.

(5) Landfill gas recovery facilities.

(a) Landfill gas recovery facilities are considered solid waste management facilities, and shall be constructed and operated only in accordance with a Department permit. If a gas recovery facility is included in the approved closure plan or closure permit of the landfill, no separate permit for the facility is required, provided that the facility must meet all the requirements of this subsection.

(b) The application shall be submitted on Form 62-701.900(1), and shall contain at least the following:

1. The information contained in subsections 62-701.320(7) and 62-701.330(3), F.A.C.,

2. Where relevant and practical, the information required in subsection 62-701.600(4), F.A.C.,

3. An estimate of the quantities of gas condensate currently collected or expected to be collected, and a description of how the condensate is or will be disposed of,

4. A description of the procedures for sampling, analyzing, and reporting data from the condensate sampling; and,

5. A closure plan that shall include methods to control landfill gasses after operation of the recovery facility ceases and any other requirements contained in subsection 62-701.400(10), F.A.C.

(6) Compliance with this section does not relieve an applicant from compliance with any applicable air requirements of Title V, county ordinance, or local programs.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History–New 5-27-01, Amended 1-6-10, 8-12-12.

Fla. Admin. Code R. 62-701.600 Landfill Final Closure

(1) Applicability.

(a) Landfills or solid waste disposal units that were closed in a manner approved by the Department prior to January 6, 2010, or that have received final cover before July 1, 1985, are exempt from the requirements of this section, although they remain subject to the rules that were in effect at the time of closing.

(b) Owners or operators of landfills or solid waste disposal units that were no longer receiving wastes on January 6, 2010, that have not been closed in accordance with an approved closure plan or closure permit, and that do have an approved closure plan or closure permit are exempt from the requirements of this section as long as the closure plan or closure permit is complied with.

(c) Landfills or solid waste disposal units that receive wastes after January 6, 2010, shall comply with the requirements of this rule.

(2) Closure permit requirements. Prior to initiating closure of a solid waste disposal unit, or part of a solid waste disposal unit, the owner or operator must receive authorization from the Department in one of the following manners. The owner or operator may submit an application to the Department for a closure permit on Form 62-701.900(1), which application shall include a closure plan. If the landfill is operating under a Department permit, the owner or operator may request a modification of the permit to address substantive changes in the closure plan, or the owner or operator may demonstrate that the closure plan in the existing operation permit includes sufficient detail to provide reasonable assurance of compliance with the provisions of this section. The application or request for modification shall include an updated closure plan which is made up of the following:

(a) A closure design plan;

(b) A closure operation plan;

(c) A plan for long-term care; and,

(d) A demonstration that proof of financial assurance for long-term care will be provided.

(3) Closure design plan. The closure design plan shall consist of engineering plans and a report on closing procedures that apply to the final closing of solid waste disposal units during the operation of the landfill, the final closing of the landfill, and the monitoring and maintenance during the long-term care period. The closure design plan shall include the following information:

(a) A plan sheet showing phases of site closing.

(b) Drawings showing existing topography and proposed final grades.

(c) Provisions to close solid waste disposal units within the landfill as soon as they reach approved design dimensions and elevations and to finally close the landfill in accordance with the requirements of this rule. Landfills that are designed to be constructed in phases or sections shall include provisions for temporary closure of solid waste disposal units if subsequent, planned filling on top of them will not occur for six months or longer.

(d) Final elevations before settlement, based upon the capability of the foundation to support the total weight of the landfills, including water loading.

(e) Final side slope design. Side slopes of aboveground disposal units shall not be steeper than three feet horizontal to one foot vertical rise to control erosion of the final cover material. Such units shall be designed to control the flow of stormwater, such as building reverse sloping benches or terraces into the side slopes of the landfill, and shall contain down slope drainage ways with water flow energy dissipaters. Access for maintenance equipment shall be provided. Such designs shall address the susceptibility for erosion of the earthen material that is proposed for final cover relative to historical rainfall patterns for the area, the period between the patterns for the area, the period between the application of the final cover and establishment of vegetation, and maintenance procedures.

(f) Final cover installation plans showing the sequence of applying final cover.

1. The final cover shall be installed and tested in accordance with a construction quality assurance plan which meets the requirements of subsections 62-701.400(7) and (8), F.A.C.

2. Final cover shall be placed over the entire surface of each completed solid waste disposal unit or units within 180 days after the final waste deposit, or within the time frame set forth in the approved closure plan. The final cover shall be vegetated to control erosion and provide a moisture infiltration seal, with species that are drought resistant and have roots that will not penetrate the final cover.

3. Top gradients of final cover on landfill areas shall be graded to maximize runoff and minimize erosion, considering total fill height and expected subsidence caused by decomposing waste, and shall be designed to prevent ponding or low spots.

4. The closure design plan shall describe provisions for cover material for the long-term care erosion control, filling areas of subsidence or other depressions, maintaining berms, and general maintenance of the facility, and specify the anticipated source and amount of material necessary for proper closure of the landfill.

(g) Final cover design.

1. Landfills shall have a final cover designed to minimize infiltration and erosion, which shall include a barrier layer consisting of a soil layer, a geomembrane, or a combination of a geomembrane with a low permeability material. All geosynthetic and soil components used in the final cover shall meet the standards and specifications contained in subparagraphs 62-701.400(3)(d)1. and 2., (3)(d)5.-11., paragraphs (e), and (f), F.A.C. For lined Class I and Class III landfills, the barrier layer shall have a permeability that is substantially equivalent to, or less than, the permeability of the bottom liner system. If the landfill uses a geomembrane in the bottom liner system, the barrier layer shall also incorporate a geomembrane. For unlined Class I landfills, the barrier layer shall have a permeability of 1 x 10-7 cm/sec or less. For unlined Class III landfills, the barrier layer shall have a permeability of 1 x 10-5 cm/sec or less. For unlined Class III landfills which accepted only yard trash, no barrier layer is required; instead, final cover shall consist of a 24-inch thick soil layer, or a 30-inch thick layer consisting of approximately 50 percent soil and 50 percent ground or chipped yard trash by volume, the upper six inches of which shall be capable of supporting vegetative growth.

2. If the barrier layer consists only of soil, it shall be at least 18 inches thick, installed in 6-inch thick lifts, and shall have a final, 18-inch thick layer of soil, or a 24-inch thick layer consisting of approximately 50 percent soil and 50 percent ground or chipped yard trash by volume, that will sustain vegetation to control erosion placed on top of the barrier layer.

3. If the barrier layer consists only of a GCL, a protective soil layer at least 24 inches thick shall be placed on top of the GCL with the upper six inches being able to sustain vegetative growth. In the alternative, the GCL may be covered with a 12-inch thick layer of soil that is then covered with a 15-inch thick layer consisting of approximately 50 percent soil and 50 percent ground or chipped yard trash by volume, with the upper six inches being able to sustain vegetative growth. The GCL shall be placed on a protective soil layer at least six inches thick. Material specifications and installation methods, which may include a drainage layer between the GCL and the protective soil layer over the GCL, shall be adequate to protect the barrier layer from root penetration, resist erosion, and remain stable on the final design slopes of the landfill.

4. If a geomembrane is used in the barrier layer, it shall be either HDPE or LLDPE with a minimum average thickness of 40 mils or PVC with a minimum average thickness of 30 mils, shall have chemical and physical resistance to materials it may come in contact with, and shall withstand exposure to the natural environmental stresses and forces throughout the installation, seaming process, and settlement of the waste during the closure and long-term care period. A protective soil layer at least 24 inches thick shall be put on top of the geomembrane. In the alternative, the geomembrane may be covered with a 12-inch thick layer of soil that is then covered with a 15-inch thick layer consisting of approximately 50 percent soil and 50 percent ground or chipped yard trash by volume, with the upper six inches being able to sustain vegetative growth. Material specifications, installation methods, and compaction specifications, which may include a drainage layer between the geomembrane and the protective soil layer, shall be adequate to protect the barrier layer from root penetration, resist erosion, and remain stable on the final design slopes of the landfill. This layer shall include topsoil or soils that will sustain vegetative growth.

5. The final cover design shall include an evaluation of the stability of the cover system and the disposed waste and shall be designed to meet the factor of safety criteria in subsection 62-701.400(2), F.A.C. This evaluation shall include an analysis of the potential for slides along the weakest interface of the final cover system and of the potential for deep seated rotational or translational failures through the waste and the final cover.

6. An applicant may use an alternate design for the barrier layer or parts of the barrier layer, or for the protective soil layer, upon a demonstration that the alternate design will result in a substantially equivalent rate of storm water infiltration through the final cover. Any alternate design shall be reviewed by the Department as part of its review of the closure design plan.

7. Nothing herein shall preclude the Department from requiring more stringent final or temporary cover designs in a permit or consent order if necessary to protect the public health or the environment because of the nature of wastes received or site specific geological or hydrogeological conditions, or if the landfill has not been adequately constructed, operated, maintained, or closed.

(h) Proposed method of stormwater control. The closure design plan shall demonstrate how the stormwater management systems shall be operated and maintained as necessary to meet the requirements of subsection 62-701.400(9), F.A.C.

(i) Proposed method of access control. The closure design plan shall show how access to the closed landfill shall be restricted to prevent any future waste dumping or use of the facility by unauthorized persons.

(j) A description of the proposed or existing gas management system that complies with Rule 62-701.530, F.A.C.

(4) Closure operation plan. The closure operation plan shall:

(a) Describe the actions that will be taken to close the landfill, such as placement of cover, grading, construction of berms, ditches, roads, retention-detention ponds, installation or closure of wells and boreholes, installation of fencing, seeding of vegetation, and protection of on-site utilities and easements;

(b) Provide a time schedule for completion of the closing and long-term care;

(c) Contain appropriate references to the closure design and other supporting documents;

(d) Describe the proposed method of demonstrating financial assurance for long-term care;

(e) Provide for operation of the water quality monitoring plan required in Rule 62-701.510, F.A.C.; and,

(f) Provide for the development and implementation of the gas management system required in Rule 62-701.530, F.A.C.

(5) The owner or operator shall close the facility only in accordance with the closure design plan submitted with the permit application. The owner or operator shall at all times comply with the closure operation plan submitted with the permit application.

(6) Certification of closure construction completion. After closure construction has been completed, the engineer of record shall certify to the Department on Form 62-701.900(2) that the closure is complete and that it was done in accordance with the plans submitted to the Department except where minor deviation was necessary. All deviations shall be described in detail and the reasons therefore enumerated. The final report required by subsection 62-701.400(7), F.A.C. shall be submitted with the certification. If the certification is for the final closure of a landfill, it shall include a certification that one of the following has been done:

(a) For landfills with a final elevation of less than 20 feet above the natural land surface, concrete monuments shall be installed to mark the boundaries of the landfill property and other permanent markers shall be installed to outline the general waste filled areas. These markers shall be tied to one or more of the boundary markers by a survey performed by an engineer or a Florida Licensed Professional Surveyor and Mapper. The location and elevation of all markers shall be shown on a site plan filed with the “Declaration to the Public” described in subsection (7) of this rule.

(b) For landfills with a final elevation of 20 feet or higher above the natural land surface, a final survey shall be performed after closure is complete by an engineer or a Florida Licensed Professional Surveyor and Mapper to verify that final contours and elevations of the facility are in accordance with the plans as approved in the permit. Aerial mapping techniques which provide equivalent survey accuracy may be substituted for the survey. Contours shall be shown at no greater than five-foot intervals. A copy of the survey shall be included with the certification of closure construction completion.

(7) Declaration to the public. Once closure construction has been completed, the landfill owner or operator shall file a declaration to the public in the deed records in the office of the county clerk of the county in which the landfill is located. The declaration shall include a legal description of the property on which the landfill is located and a site plan specifying the area actually filled with solid waste. The declaration shall also include a notice that any future owner or user of the site should consult with the Department prior to planning or initiating any activity involving the disturbance of the landfill cover, monitoring system or other control structures. A certified copy of the declaration shall be filed with the Department.

(8) Official date of closing. The Department shall evaluate the documents required in subsections (6) and (7) of this rule, and within 30 days of its determination that such documents comply with the closure plan and the requirements of this section shall acknowledge by letter to the facility operator that closing of the facility has been completed. If the entire landfill has been closed, the date of this letter shall be the official date of landfill closing for purposes of determining the long-term care period. If only a portion of the landfill has been closed, the long-term care period will begin upon the closing of the entire landfill, unless:

(a) The portion that has been closed can be monitored and maintained separately from the rest of the landfill, or

(b) The portion that has been closed can be maintained separately from the rest of the landfill and monitored within a facility-wide water quality monitoring network.

(9) Temporary closure.

(a) Placement of final cover over a solid waste disposal unit may be delayed for a period of time specified in an approved closure plan for the following reasons:

1. For the purpose of promoting biological degradation of waste,

2. If additional solid waste will be deposited on the solid waste disposal unit, or

3. If excavation of the waste is planned.

(b) Placement of final cover may be delayed only if the solid waste disposal unit is temporarily closed in accordance with an approved closure plan. Conditions of temporary closure shall include:

1. The solid waste disposal unit was constructed in compliance with its permit conditions, and has a liner and leachate control system,

2. A schedule for closure is shown in the closure plan application,

3. Final cover is installed on side slopes of each completed disposal unit that will not receive additional waste or that will not be excavated, except that if a landfill owner or operator can demonstrate in individual cases that a different process will be adequate to control erosion and odors, and will be expected to result in compliance with applicable stormwater and leachate management requirements, it can be approved as part of the closure plan,

4. Odors and vectors are controlled,

5. An intermediate cover is installed on the solid waste disposal unit,

6. The financial assurance requirements of Rule 62-701.630, F.A.C., are met, and the closure cost estimate takes into account the costs of temporary closure as well as the costs of the final closure; and,

7. The landfill owner or operator demonstrates that delaying placement of final cover will not cause or contribute to any significant increase in leachate escaping from the solid waste disposal unit into the environment.

(c) In addition, a solid waste disposal unit that will be excavated in the future shall have a temporary final cover installed.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History–New 1-6-93, Amended 1-2-94, 5-19-94, Formerly 17-701.600, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.610 Other Closure Procedures

(1) Use of closed solid waste disposal facilities. Closed solid waste disposal facilities, if disturbed, are a potential hazard to public health, ground water and the environment. The Department retains regulatory control over any activities that may affect the integrity of the environmental protection measures such as the cover, drainage, liners, monitoring systems, or leachate and stormwater controls. Consultation with the Department is required prior to conducting activities at the closed solid waste disposal facilities.

(2) Relocation of waste. The owner of a closed landfill must request permission from the Department to move waste from one point to another within the footprint of the same solid waste disposal unit. If the landfill has a valid closure permit, the permittee shall seek a modification to reflect the relocation of waste. The Department shall approve such a request upon a demonstration that:

(a) The activity will not cause or contribute to any violations of water quality standards or criteria, and will not adversely affect the closure design of the landfill;

(b) Any leachate, stormwater runoff, or gas that is generated by the activity is controlled onsite;

(c) Any hazardous waste that is generated by the activity will be managed in accordance with Chapter 62-730, F.A.C.;

(d) Immediately after the activity is completed, the landfill will be covered, vegetated, and graded to comply with the closure requirements that apply to that landfill, which shall include a final cover of at least two feet of soil; and,

(e) The appropriate District Office of the Department is notified at least seven days before the activity takes place in order to have the opportunity to inspect the site.

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.704, 403.707 FS. History–New 7-1-85, Formerly 17-7.074, 17-701.074, Amended 1-6-93, 1-2-94, Formerly 17-701.610, Amended 5-27-01, 1-6-10, 2-15-15.

Fla. Admin. Code R. 62-701.620 Long-Term Care

(1) Long-term care period. The owner or operator of any landfill which receives wastes after January 6, 1993, shall continue to monitor and maintain the integrity and effectiveness of the final cover as well as other appurtenances of the facility, control erosion, fill subsidences, comply with the water quality monitoring plan, maintain the leachate collection system, measure volumes of leachate removed, and maintain the stormwater system, in accordance with an approved closure plan for 30 years from the official date of closing. Before the expiration of the long-term care monitoring and maintenance period, the Department may extend the time period if the closure design or closure operation plan is found to be ineffective, or if the permittee has not performed all required monitoring and maintenance. For purposes of this subsection, “ineffective” means that:

(a) The water quality monitoring system indicates that the landfill continues to impact ground water or surface water at concentrations that may be expected to result in violations of Department water quality standards or criteria;

(b) The gas monitoring system indicates that the landfill continues to produce gas in amounts that may be expected to exceed the concentrations of combustible gases allowed in paragraph 62-701.530(1)(a), F.A.C.;

(c) Significant subsidence of waste has not ceased, or

(d) The final cover does not have well established vegetation or is showing signs of continuing significant erosion problems.

(2) Permit for long-term care. Long-term care shall be conducted in accordance with a closure permit. Closure permits involving only long-term care shall be issued with a duration of ten years unless the owner or operator specifically requests a shorter duration. If a shorter duration is requested, the permit fee shall be prorated.

(3) Reduced long-term care period. The owner or operator of a landfill may apply to the appropriate District Office of the Department for a permit modification to reduce the long-term care period or eliminate some aspects of long-term care.

(a) The Department will grant such modification if reasonable assurance is provided to the Department that there is no threat to human health or the environment and if the landfill:

1. Has been constructed and operated in accordance with approved standards,

2. Was closed with appropriate final cover, vegetative cover has been established, and a monitoring system has been installed,

3. Has a 10-year history after closure of no violations of water quality standards or criteria detected in the monitoring system, and no increases over background water for any monitoring parameters which may be expected to result in violations of water quality standards or criteria; and,

4. Has had no detrimental erosion of cover, and subsidence of waste has ceased.

(b) The Department will grant such modification for a portion of a landfill if reasonable assurance is provided to the Department that it was closed in accordance with the requirements of paragraph 62-701.600(8)(b), F.A.C., prior to February 15, 2015. The requirements of subsection 62-701.600(7), F.A.C., shall not apply to that portion of the landfill until the entire landfill is closed.

(4) Modified water quality monitoring plan.

(a) The owner or operator of a landfill may apply for a modification to its water quality monitoring plan to remove a parameter from the list specified in subsection 62-701.510(7), F.A.C. The Department will grant such modification upon a demonstration that ground water, and surface water if required, have consistently been sampled and analyzed for the parameter, and that the parameter has never been detected in any ground water well or surface water point during the active life of the landfill.

(b) The owner or operator may apply for a modification of its water quality monitoring plan to reduce or eliminate the frequency of monitoring. The Department will grant such a modification upon a demonstration that there have been no violations of water quality standards or criteria detected in the monitoring system after final closure, and that sufficient time has passed so that any leachate escaping the landfill since final closure would be expected to have reached the monitoring well system.

(5) Gas monitoring. The gas collection and monitoring system required in paragraph 62-701.600(4)(f), F.A.C., shall be maintained for the long-term care period of the landfill. The owner or operator of a landfill may apply for a permit modification to reduce or eliminate the frequency of monitoring. The Department will grant such a modification if the applicant demonstrates that the landfill has stabilized to the point where there is no significant production of combustible gases or objectionable odors.

(6) Stabilization report. Every five years after issuance of a permit for long-term care, the permittee shall submit a report to the Department that addresses stabilization of the landfill. The submittal shall include the technical report required in paragraph 62-701.510(8)(b), F.A.C., and shall also address subsidence, barrier layer effectiveness, storm water management, and gas production and management. For lined landfills, the submittal shall also address leachate collection and removal system effectiveness, and leachate quantity.

(7) Right of access. The landfill owner or operator shall possess or acquire a sufficient interest in, or a right to use, the property for which a permit is issued, including the access route onto the property to carry out the requirements of this rule. The permittee shall retain the right of entry to the landfill property for the long-term care period, after termination of solid waste operations, for inspection, monitoring and maintenance of the site.

(8) Replacement of monitoring devices. If a monitoring well or other device required by the monitoring plan is destroyed or fails to operate for any reason, the landfill owner or operator shall, immediately upon discovery, notify the Department in writing. All inoperative monitoring devices shall be replaced with functioning devices within 60 days of the discovery of the malfunctioning unit unless the landfill owner or operator is notified otherwise in writing by the Department.

(9) Following completion of the long-term care period for each solid waste management unit, the owner or operator shall notify the Department that a certification, signed and sealed by a professional engineer, verifying that long-term care has been completed in accordance with the closure plan has been placed in the operating record.

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.703(5), 403.704, 403.707 FS. History–New 7-1-85, Formerly 17-7.075, 17-701.075, Amended 1-6-93, 1-2-94, 5-19-94, Formerly 17-701.620, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.630 Financial Assurance

(1) Owner or operator.

(a) “Owner or operator” means, in addition to the usual meanings of the term, any owner of record of any interest in land whereon a landfill is or has been located and any person or corporation which owns a majority interest in any other corporation which is the owner or operator of a landfill.

(b) The owner or operator identified on financial assurance documentation shall be the same individual, registered business entity (not a fictitious name) or government entity as the permit applicant. If there are multiple permittees, only one need be identified on the financial assurance documentation.

(2) Applicability.

(a) A government-owned landfill closed on or before October 1, 1988, shall not be required to comply with this rule.

(b) As a condition for the issuance of a landfill permit, or permit modification authorizing expansion, the owner or operator shall provide the Department with closure cost estimates for the permitted portions of the landfill as part of the application. Proof of financial assurance issued in favor of the Florida Department of Environmental Protection in the amount of the approved current dollar closing and long-term care cost estimates for each permitted disposal unit as determined pursuant to subsection 62-701.630(3), F.A.C., shall be provided at least 60 days prior to the planned initial receipt of waste at such unit. The owner or operator shall maintain financial assurance through the design period of the landfill and through any corrective action period. The financial mechanism shall either be:

1. If the landfill is owned or operated by a government agency, a landfill management escrow agreement pursuant to subsection (5) of this section, or an alternate financial mechanism pursuant to subsection (6), or

2. If the landfill is not owned or operated by a government agency, an alternate financial mechanism pursuant to subsection (6) of this rule.

(c) No solid waste shall be stored or disposed of at a solid waste disposal unit until the permittee has received written approval of the financial assurance mechanism from the Department.

(d) Owners or operators of existing Class I landfills receiving waste after October 9, 1993, that are required to undertake a corrective action program in accordance with subsection 62-701.510(6), F.A.C., shall submit proof of financial assurance to the Department no later than 120 days after the corrective action remedy has been selected.

(3) Cost estimates for closure.

(a) For the purpose of determining the amount of proof of financial assurance that is required for closure by this section, the owner or operator shall estimate the total cost of closure in current dollars for the time period in the landfill operation when the extent and manner of its operation make closing most expensive. The owner or operator shall submit the estimates, together with all necessary justification, to the Department as part of the permit application. Except as allowed in paragraph 62-701.630(3)(d), F.A.C., the costs shall be estimated and certified by a professional engineer for a third party performing the work, on a per unit basis, with the source of estimates indicated.

(b) Closing costs shall be based on the nature and characteristics of the wastes disposed of at the site and shall include estimated costs of cover material, topsoil, seeding, fertilizing, mulching, labor, and any other costs of compliance with rules 62-701.600-.610, F.A.C.

(c) Long-term care costs shall include land surface care; gas monitoring; leachate pumping, transportation, management and treatment; water quality monitoring, collection and analysis; and any other costs of compliance with Rule 62-701.620, F.A.C. The annual cost of long-term care shall be estimated, listed separately, and multiplied by the number of years required in the long-term care period.

(d) The owner or operator of a landfill may use onsite soils, rather than off-site soils, as part of the facility’s final cover, as fill, or for other closure construction purposes, when calculating the facility’s closure costs provided that:

1. A professional engineer certifies the designated on-site soils are of a sufficient quantity and have been determined to have suitable properties for their proposed use,

2. The owner or operator, and real property owner where different, shall enter into a covenant, easement, trust, or other legal agreement with the Department, in any combination thereof that may be needed and which shall be recorded and run with the land, to ensure that the designated on-site soils will be available and accessible for the benefit of the Department for the proposed closure related uses; and,

3. The facility’s permit is modified to include the requirements of this subsection.

(e) Cost estimates required in this section shall be prepared and submitted on Form 62-701.900(28), Closure Cost Estimating Form for Solid Waste Facilities, effective date January 6, 2010, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(f) The owner or operator shall keep the latest closure cost estimate at the facility. When this estimate has been adjusted in accordance with paragraph (4)(a) of this rule, the latest adjusted closure cost estimate shall also be kept at the facility.

(4) Cost adjustments for closure.

(a) Every owner or operator of a landfill shall annually adjust the closure cost estimate for inflation and submit updated information to the Department. Closing and long-term care costs shall be listed separately. For owners or operators using an alternate financial mechanism, this statement shall be submitted between January 1 and March 1 of each year. For owners or operators using an escrow account, this statement shall be submitted between July 1 and September 1 of each year. This paragraph does not prohibit an owner or operator from submitting other information updating the closure cost estimate at other times of the year. Such adjustments shall be made either by:

1. Recalculating the total cost of closure or long-term care, in current dollars, as specified in subsection (3) of this rule, or

2. Using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business as specified in sub-subparagraphs (4)(a)2.a. and b. of this rule. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.

a. The first adjustment is made by multiplying the closure or long-term care cost estimate by the inflation factor. The result is the adjusted closure or long-term care cost estimate.

b. Subsequent adjustments are made by multiplying the latest adjusted closure or long-term care cost estimate by the latest inflation factor.

(b) At the time of permit renewal, or every fifth year when a permit is issued with a duration greater than 5 years, the owner or operator shall revise the cost estimate. Revisions shall be made by recalculating the total cost of closure or long-term care, in current dollars, as specified in subsection (3) of this rule.

(c) In addition to the requirements of paragraphs (a) and (b) of this subsection, the owner or operator shall revise the closure cost estimate by recalculating the total cost of closure or long-term care, in current dollars, as specified in subsection (3) of this rule, in the following situations:

1. Prior to any changes to the closing or long-term care plan,

2. Within 30 days of discovery that any of the anticipated costs that formed the basis of the current approved closure cost estimate have changed significantly, or

3. Within 30 days of issuance of an order by the Department finding that the facility has exceeded any of its permitted dimensions.

(d) If the value of the alternative funding mechanism is less than the total amount of the current closure cost estimate, the owner or operator shall revise the funding mechanisms to reflect the new estimate within the time frames outlined in 40 C.F.R. Part 264, subpart H.

(5) Landfill management escrow account.

(a) The owner or operator of a landfill that is owned or operated by a government agency shall establish a fee, or a surcharge on existing fees, or other appropriate revenue-producing mechanism, to ensure the availability of financial resources for the proper closing and long-term care of the landfill.

(b) The revenue-producing mechanism shall produce revenue at a rate sufficient to generate funds to meet state landfill closure requirements.

(c) The revenue shall be deposited in an interest-bearing escrow account with a financial institution such as a bank or trust whose operations are regulated and examined by a federal or state agency, or deposited in a Department-approved investment pool, created by the State of Florida or local governments that has as its primary objective liquidity and preservation of principle. The owner or operator shall file with the Department a signed duplicate original of the escrow agreement and an annual audit of the account. The audit shall be conducted by an independent Certified Public Accountant and shall be filed no later than March 31 of the following year. The audit shall identify where funds are on deposit, give the landfill management escrow account balance as of the end of the fiscal year and itemize, by facility, amounts restricted for closing and long-term care. The audit shall reference subsection 62-701.630(5), F.A.C., and the escrow agreement, and shall also include a list by date of all deposits and withdrawals made.

(d) Payments into the landfill management escrow account shall be made by the owner or operator at least annually.

1. The first payment must be made before the end of the first fiscal year after the initial receipt of solid waste into the landfill. A notice of such payment shall be submitted to the Department. Subsequent payments must be made over the term of the active life of the landfill. The calculations for such annual payment shall be determined using one of the following methods:

a. “Pay-in” method: payment = (CE – CV)/Y, where CE is the current dollar closing cost estimate at the beginning of the fiscal year (or later, if submitted pursuant to paragraph (4)(c), of this rule), CV is the current value of the escrow account at the beginning of the fiscal year, and Y is the number of remaining years in the design life of the landfill at the beginning of the fiscal year, or

b. “Balance” method: the minimum fiscal year end account balance = [CE x (DE/DL)] – E, where CE is the approved current dollar closing cost estimate (by solid waste disposal unit or group of units) at the beginning of the fiscal year (or later, if submitted pursuant to paragraph (4)(c) of this rule); DE, the design life exhausted (by solid waste disposal unit or group of units), is the period of time between the initial receipt of waste and the current fiscal year end (i.e., the year audited); DL, the design life (by solid waste disposal unit or group of units), is the period of time between initial receipt of waste and planned end of receipt of waste and must be reassessed annually in the Closure Cost Estimating Form when an escrow account or trust fund pay-in period is used; and E, all documented closing expenditures to date (by solid waste disposal unit or group of units), are expenses identified by the fiscal year end audit(s) as being incurred closing or maintaining the landfill identified in the closure plan. The choice of use of this formula requires the continued use throughout the remaining design life of the landfill or phase. In the event the fiscal year end audited account balance exceeds the minimum required balance, the owner or operator may remove the excess funds.

2. For government-owned landfills, the owner or operator shall deposit into the escrow account, at the time of closing and each year thereafter, sufficient funds to cover the following year’s long-term care costs. In addition, the owner or operator must document specifically how it intends to finance the long-term care of the landfill as part of its closure plan.

3. For landfills not owned by a governmental agency, the long-term care costs shall be included in the closing cost estimates as specified in subparagraph 1., above; long-term care costs must be fully funded when the landfill closes.

4. The owner or operator may accelerate payments into the landfill management escrow account or may deposit the full amount of the current closure cost estimate at the time that the account is established.

(e) The owner or operator may make expenditures from the account and its accumulated interest only for the purpose of landfill closing and long-term care and, if such expenditures do not deplete the fund to the detriment of eventual closing and long-term care, for planning and construction of resource recovery or landfill facilities. If the owner or operator does not operate a landfill, any funds remaining in the account after paying for proper and complete closing and long-term care, as determined by the Department, shall be deposited by the owner or operator into the general fund of the local government of jurisdiction.

(f) The revenue generated under this subsection and any accumulated interest thereon may be applied to the payment of, or pledged as security for, the payment of revenue bonds issued in whole or in part for the purpose of complying with state landfill closing and long-term care requirements. Such application or pledge may be made directly in the proceedings authorizing such bonds or in an agreement with an insurer of bonds to assure such insurer of additional security therefore.

(g) The owner or operator of any landfill that had established an escrow account prior to January 1, 2007, may continue to use that escrow account to provide financial assurance for closure of that landfill, even if that landfill is not owned or operated by a government agency.

(6) Alternate proof of financial assurance.

(a) The appropriate parts of Form 62-701.900(5), Financial Mechanisms for Solid Waste Management Facilities Requiring Closure and/or Corrective Action,

Solid Waste Facility Irrevocable Letter of Credit, http://www.flrules.org/Gateway/reference.asp?No=Ref-05021,

Solid Waste Facility Financial Guarantee Bond, http://www.flrules.org/Gateway/reference.asp?No=Ref-05022,

Solid Waste Facility Perfomance Bond, http://www.flrules.org/Gateway/reference.asp?No=Ref-05023,

Solid Waste Facility Insurance Certificate, http://www.flrules.org/Gateway/reference.asp?No=Ref-05024,

Solid Waste Facility Financial Test, http://www.flrules.org/Gateway/reference.asp?No=Ref-05025,

Solid Waste Facility Corporate Guarantee, http://www.flrules.org/Gateway/reference.asp?No=Ref-05026,

Solid Waste Facility Trust Fund Agreement, http://www.flrules.org/Gateway/reference.asp?No=Ref-05027,

Solid Waste Facility Standby Trust Fund Agreement, http://www.flrules.org/Gateway/reference.asp?No=Ref-05028, effective date February 15, 2015, hereby adopted and incorporated by reference, shall be used, and originally signed duplicates submitted, when demonstrating proof of financial assurance under this section. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-701.htm. Proof of financial assurance under this subsection shall include surety bonds, certificates of deposit, securities, letters of credit, trust fund agreements, closure insurance (excluding independent procurement), or financial tests and corporate guarantees, showing that the owner or operator has sufficient financial resources to cover, at a minimum, the costs of complying with all state landfill closing and long-term care requirements, and, if applicable, costs for corrective action. If such proof of financial assurance is surety bonds, letters of credit, trust fund agreements, closure insurance or financial tests and corporate guarantees, such proof shall be submitted on forms provided by the Department in accordance with the requirements of paragraphs (b) through (d) of this subsection. If proof of financial assurance is securities or certificates of deposit, these instruments must be used in conjunction with a trust fund and shall be submitted directly to the trustee. The owner or operator shall estimate such costs pursuant to subsections (3) and (4) of this rule. The financial institutions must include their legal entity name (not just trademark or fictitious names) on financial assurance forms.

(b) 40 C.F.R. Part 264 subpart H which contains EPA’s rules on financial requirements for owners and operators of hazardous waste facilities are hereby adopted as financial requirements for purposes of this section incorporated by reference as those rules appear in 40 C.F.R. Part 264, revised as of July 1, 2013, except:

1. The following sections of 40 C.F.R. Part 264, subpart H are specifically not adopted as part of this rule:

a. 264.140(a); 264.140(b); 264.140(d); 264.141(a); 264.141(e); 264.142(b); 264.142(c); 264.143(b)(3)(ii)(C); 264.143(c)(3)(ii)(C); 264.143(d)(3)(ii)(C), 264.143(f)(1); 264.144(b); 264.144(c); 264.145(b)(3)(ii)(C); 264.145(c)(3)(ii)(C); 264.145(d)(3)(ii)(C), 264.145(f)(1); 264.147; 264.149; 264.150; and 264.151.

b. All references to 40 C.F.R. Part 265.

c. All references to sections or subparts of 40 C.F.R. Part 264 not contained in subpart H.

d. All references to EPA Regions.

e. All references to RCRA.

f. 264.140(c) when referring to landfills owned or operated by a government agency.

2. References to 40 C.F.R. 264.143(f)(1) and 264.145(f)(1) shall mean paragraph 62-701.630(6)(c), F.A.C. References in 40 C.F.R. Part 264, subpart H to the United States Environmental Protection Agency (EPA) shall mean the State of Florida Department of Environmental Protection (DEP); to Regional Administrator shall mean the Secretary of the Department or the Secretary’s written designee; to RCRA permits shall mean solid waste management permits; to Post-Closure shall mean Long-Term or Long-Term Care, as applicable; to EPA identification number shall mean the Department identification number; to hazardous waste shall mean solid waste; to hazardous waste treatment, storage or disposal facilities shall mean landfills; to Section 3008 of RCRA shall mean FDEP Agency Action; to Circular 570 of the U.S. Department of the Treasury shall mean Circular 570 of the U.S. Department of the Treasury and licensed to do business in the State of Florida; to must also establish shall mean must also establish and maintain; to both closure and post-closure shall mean closing, long-term care and corrective action, or any combination thereof; and to one or more states shall mean in the State of Florida.

3. Financial assurance, when reimbursed, will go towards covering all or any part of the costs for a facility’s “Required Action” (closing, long-term care, and/or corrective action) as identified on the first page of the trust fund or insurance certificate regardless of actual cost estimate calculations.

4. When the Department directs financial institutions to make a payment or reimbursement, the payment or reimbursement shall be sent within 30 days of receipt of the Department’s direction, unless communication from the Department authorizes a delay.

5. The trust fund pay-in period shall not exceed 5 years. Schedule A of the trust agreement must be updated only during the pay-in period.

6. When Corrective Action is selected on any part of Form 62-701.900(5), 40 C.F.R. 264.145 references to post-closure shall mean corrective action, as applicable.

(c) An owner or operator may satisfy the requirements of this subsection by passing a financial test using Form 62-701.900(5)(e). The financial test shall cover the latest approved estimate or any subsequent estimate that is higher. To pass this test the owner or operator must meet the criteria of either subparagraph 1. or 2. as follows:

1. The owner or operator must have:

a. One of the two following ratios: A ratio of less than 1.5 comparing total liabilities to net worth; or a ratio of greater than 0.10 comparing the sum of net income plus depreciation, depletion and amortization, minus $10,000,000.00 million, to total liabilitiesm

b. Net working capital of at least three times the sum of the required actionm

c. Tangible net worth greater than the sum of the required action plus $10,000,000.00 million, or at least three times the sum of the required action, whichever is greater; and,

d. Assets located in the United States amounting to at least three times the sum of the required action.

2. The owner or operator must have:

a. A bond issuance, secured or unsecured, having a redemption date with at least five years remaining. An unsecured bond rating must maintain a rating of BBB or better as issued by Standard and Poor’s bond rating service or Baa2 or better as issued by Moody’s bond rating service. A facility using an insured or secured bond must demonstrate to the Department the underlying or senior unsecured bond rating as assigned by Standard and Poor’s is BBB or better, or as assigned by Moody’s is Baa2 or better,

b. Tangible net worth greater than the sum of the required action plus $10 million, or at least three times the sum of the required action, whichever is greater; and,

c. Assets located in the United States amounting to at least three times the sum of the required action.

(d) Government-owned facilities providing proof of financial assurance using a financial test must send updated information outlined in 40 C.F.R. 264.143(f)(5) and 264.145(f)(5) to the Department within 180 days after the close of each succeeding fiscal year.

(e) An owner or operator using an insurance policy for financial assurance must establish and maintain a standby trust fund that meets the requirements of 40 C.F.R. 264.143(b)(3) and/or 264.145(b)(3). The insurance policy must provide that, upon written direction from the Secretary of the Department or the Secretary’s written designee, the entire face amount of the policy, less any amounts previously paid out under requirements of 40 C.F.R. Part 264 subpart H, will be placed into the trust fund to be used by the Department for closure and/or corrective action activities. Once closure and/or corrective action is complete, any money remaining in the trust fund will be returned to the insurer. Direction to make payment into the trust fund must be preceded by one or more of the following:

1. FDEP deems the facility abandoned,

2. The permit is terminated or revoked or a new permit is denied,

3. Closure is ordered by the FDEP or a U.S. district court or other court of competent jurisdiction,

4. The owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, or

5. The insurer elected to submit a cancellation, termination, or failure to renew the policy notice in accordance with the provisions of 40 C.F.R. 264.143(e)(8) or 264.145(e)(8) and the insured failed to provide alternate financial assurance within 90 days after the date of notice of cancellation, termination or failure to renew the policy was received by both the insured and the FDEP Secretary, or designee.

(7) Cost estimates for corrective action. An owner or operator of a landfill required to establish financial assurance for a corrective action program pursuant to paragraph (2)(d) of this rule, shall have a detailed written estimate in current dollars, estimated and certified by a professional engineer, of the cost of hiring a third party to perform the corrective action in accordance with subsection 62-701.510(6), F.A.C. The corrective action cost estimate must account for the total cost of corrective action activities as described in the corrective action plan for the entire corrective action period. The owner or operator shall submit the estimate, together with all necessary justification including source of the estimates indicated, to the Department for approval along with proof of financial assurance.

(8) Cost adjustments for corrective action.

(a) The owner or operator shall annually adjust the estimate for inflation and changes in the corrective action plan until the corrective action program is completed in accordance with subsection 62-701.510(6), F.A.C. Inflation adjusted estimates shall be submitted in the timeframes designated by paragraph (4)(a) of this rule. The adjustment shall be made either by:

1. Recalculating the maximum cost of corrective action, in current dollars, as specified in subsection (7) of this rule, or

2. By using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business as specified in subparagraphs a. and b. as follows. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.

a. The first adjustment is made by multiplying the corrective action cost estimate by the inflation factor. The result is the adjusted corrective action cost estimate.

b. Subsequent adjustments are made by multiplying the latest adjusted corrective action cost estimate by the latest inflation factor.

(b) At the time of permit renewal, or every fifth year when a permit is issued with a duration greater than five years, or if the corrective action plan is modified during the corrective action period, the owner or operator shall revise the corrective action cost estimate. Revisions shall be made and submitted as specified in subparagraph (8)(a)1. of this rule. The use of cost estimates that are submitted in accordance with this subsection and used as the basis for comparison against the balance of the funding mechanisms specified in subsection (9) of this rule, does not constitute estimate approval.

(c) The owner or operator shall keep the latest corrective action cost estimate and, when this estimate has been adjusted in accordance with paragraph (8)(a) of this rule, the latest adjusted corrective action cost estimate at the facility until the corrective action is complete.

(9) Financial assurance for corrective action.

(a) For government owned landfills, the owner or operator shall demonstrate proof of financial assurance for corrective action with the Department by identifying a revenue source and establishing an escrow account as specified in paragraph (5)(c) of this rule, or by using one of the approved alternate mechanisms specified in subsection (6) of this rule. Payments into the landfill management escrow account shall be made by the owner or operator according to one of the following methods:

1. The owner or operator shall deposit into the landfill management escrow the full cost associated with the corrective action remedy within 120 days after the corrective action remedy has been selected, or

2. If the local government can document a specific non-general revenue source adequate to cover the total corrective action cost, then only that portion of the corrective action to be undertaken the following year need be funded.

(b) For privately owned landfills, the owner or operator shall demonstrate proof of financial assurance for corrective action with the Department by using one of the approved alternate mechanisms specified in subsection (6) of this rule. If a trust fund is used, the first payment into the trust must be at least equal to one-half of the current cost estimate for corrective action. The amount of subsequent payments must be determined by the following formula: Next payment = [RB – CV]/Y, where RB is the most recent estimate of the required trust fund balance for corrective action (i.e., the total costs that will be incurred during the second half of the corrective action period), CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period. The pay-in period is one-half of the estimated length of the corrective action program.

(10) If long-term care is extended because the permittee has failed to perform all required monitoring and maintenance, financial assurance shall continue to be required during the extended long-term care. If the long-term care is extended for any other reason, financial assurance is not required during the extended long-term care period, except as may be required in subsections (7) through (9) of this rule.

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.704, 403.707, 403.7125(5) FS. History–New 7-1-85, Formerly 17-7.076, Amended 11-28-89, Formerly 17-701.076, Amended 1-6-93, 1-2-94, 5-19-94, Formerly 17-701.630, Amended 5-27-01, 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.640 Closure of Existing Landfills

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.704, 403.707 FS. History–New 1-2-94, Amended 5-19-94, Formerly 17-701.640, Repealed 5-27-01.

Fla. Admin. Code R. 62-701.700 Materials Recovery Facilities

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History–New 1-6-93, Amended 5-19-94, Formerly 17-701.700, Repealed 5-27-01.

Fla. Admin. Code R. 62-701.710 Waste Processing Facilities

(1) Applicability.

(a) This section applies to solid waste management facilities that process but do not dispose of solid waste on-site. This includes materials recovery facilities and transfer stations, but does not include used oil processing facilities, waste tire processing facilities, soil treatment facilities, yard trash processing facilities that meet the registration requirements of Rule 62-709.320, F.A.C., or solid waste composting facilities, each of which is regulated under separate rules. Solid waste combustors will require permits under this section for any storage, processing, or disposal operations that are not directly addressed in another Department permit or certification as specified in paragraphs 62-701.320(14)(a) and (b), F.A.C. However, in accordance with paragraph 62-701.320(5)(c), F.A.C., owners or operators of facilities which manage several different types of wastes, including used oil, waste tires, contaminated soil, or compost, may apply for a single permit which addresses all applicable requirements.

(b) No person shall construct or operate a waste processing facility without a permit issued by the Department.

(c) The following types of facilities are not subject to the requirements of this section; however, these facilities shall be operated to minimize the discharge of leachate to the environment and to control objectionable odors, litter, dust, and other fugitive particulates:

1. Facilities comprised solely of green boxes, compactor units, permanent dumpsters, and other containers from which wastes are transported to a landfill or other solid waste management facility, which do not accept waste from commercial waste haulers that accept waste from multiple generators,

2. Facilities owned or operated by local governments which serve as drop-off points for household waste, provided:

a. The facility accepts only household waste, which may include yard trash,

b. All putrescible waste, household garbage, yard trash, or other waste which may produce leachate is containerized; and,

c. The facility does not accept waste from commercial waste haulers that collect municipal solid waste from multiple generators,

3. Household hazardous waste collection centers operated by or exclusively on behalf of a local government,

4. Facilities at industrial operations where waste is stored prior to shipment to a solid waste management facility, or where industrial byproducts are segregated and managed, provided that the industrial operation is regulated under another Department permit or certification.

5. Facilities used solely for the temporary storage of road maintenance byproducts, which include street sweepings, ditch scrapings, shoulder scrapings, and catch basin sediments, provided:

a. Materials that require screening, as well as separated Class I wastes, shall be stored so that leachate and litter are controlled. Examples would include storage in covered roll-offs, storage on an impervious surface and under roof, or storage indoors,

b. Unscreened materials that will not be beneficially used shall be disposed of as soon as practical but shall be stored for no longer than three months unless a longer storage time is approved by the Department,

c. Class I wastes that are separated from the material shall be disposed of at a permitted facility at least weekly; and,

d. Screened materials, or materials that do not require screening, shall be stored for no longer than six months unless a longer storage time is approved by the Department.

(d) The following facility types are subject to special requirements or are exempt from some requirements of this section.

1. Transfer stations that accept primarily household waste, commercial solid waste, recovered materials, or construction and demolition debris, that manage waste on a first-in, first-out basis, and that store such waste for no greater than 7 days are exempt from the requirement to provide financial assurance set forth in subsection (7) of this rule, and are also exempt from the requirement to have a trained spotter set forth in paragraph 62-701.710(4)(c), F.A.C.

2. Waste processing facilities that accept only construction and demolition debris are exempt from the requirement to provide a leachate control system set forth in paragraph (3)(b) of this rule, provided that all areas where waste is stored or processed are covered by a ground water monitoring system which meets the requirements of subsection 62-701.730(8), F.A.C., except the technical report of paragraph 62-701.510(8)(b), F.A.C., is not required. A facility that operates without a leachate control system shall perform a contamination evaluation as part of its closure activities, and shall continue to operate the water quality monitoring system if the evaluation indicates the potential for ground water contamination.

3. Waste processing facilities that accept only Class III wastes are exempt from the requirement to provide a leachate control system set forth in paragraph (3)(b) of this rule, provided that the areas where waste is received is under roof and on an impervious surface and that all areas where waste is stored or processed are covered by a ground water monitoring system which meets the requirements of subsection 62-701.730(8), F.A.C., except the technical report of paragraph 62-701.510(8)(b), F.A.C., is not required. A facility that operates without a leachate control system shall perform a contamination evaluation as part of its closure activities, and shall continue to operate the water quality monitoring system if the evaluation indicates the potential for ground water contamination.

4. Waste-to-energy facilities are exempt from the requirement to have a trained operator and a trained spotter set forth in paragraph 62-701.710(4)(c), F.A.C. This does not exempt such facilities from operator training requirements set forth in other Department rules.

(2) Application. A permit application for a waste processing facility shall be submitted on Form 62-701.900(4), Application to Construct, Operate, or Modify a Waste Processing Facility, http://www.flrules.org/Gateway/reference.asp?No=Ref-05020, effective date February 15, 2015, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The form shall indicate whether the facility will operate as a materials recovery facility, transfer station, some other type of processing facility, or some combination thereof, and shall be signed and sealed by a professional engineer. Subsections 62-701.320(5), (6) and paragraph (8)(a), F.A.C., apply to such applications. The application must meet the requirements of subsection 62-701.320(7), F.A.C., except for paragraphs (e) and (h) and subparagraphs (7)(f)4. and 5., and must also include the following:

(a) A description of the operation of the facility including:

1. The types of materials, i.e., wastes, recyclable materials or recovered materials, to be managed or processed,

2. The expected daily average and maximum weights or volumes of materials to be managed or processed,

3. How the materials will be managed or processed,

4. How the materials will flow through the facility including locations of the loading, unloading, sorting, processing and storage areas,

5. The types of equipment that will be used,

6. The maximum time materials will be stored at the facility,

7. The maximum amounts of wastes, recyclable materials, and recovered materials that will be stored at the facility at any one time; and,

8. The expected disposition of materials after leaving the facility.

(b) A site plan, of a scale not greater than 200 feet to the inch, which shows the facility location, total acreage of the site, and any other relevant features such as water bodies or wetlands on or within 200 feet of the site and potable water wells on or within 500 feet of the site;

(c) A boundary survey and legal description of the property;

(d) A construction plan, including engineering calculations, that describes how the applicant will comply with the design requirements of subsection 62-701.710(3), F.A.C.;

(e) An operation plan that describes how the applicant will comply with subsection 62-701.710(4), F.A.C., and the recordkeeping requirements of subsection 62-701.710(8), F.A.C.;

(f) A closure plan that describes how the applicant will comply with subsection 62-701.710(6), F.A.C.;

(g) A contingency plan that describes how the applicant will comply with subsection 62-701.320(16), F.A.C.; and,

(h) The financial assurance documentation required by subsection 62-701.710(7), F.A.C.

(3) Design requirements. Minimum design requirements for waste processing facilities are as follows:

(a) Tipping, processing, sorting, storage and compaction areas that are not enclosed shall be equipped with litter control devices.

(b) The facility shall be designed with a leachate control system to prevent discharge of leachate and avoid mixing of leachate with stormwater, and to minimize the presence of standing water.

(c) Provisions shall be made for evaluating the quantity of all incoming solid waste and recovered materials. Storage areas shall be designed to hold the expected volume of materials until they are transferred for disposal or recycling.

(4) Operational requirements.

(a) All operations shall be conducted in accordance with the approved Operation Plan. The Department shall be notified before any substantial changes or revisions to the approved Operation Plan are implemented in order to determine whether a permit modification is required.

(b) Stored putrescible wastes shall not be allowed to remain unprocessed for more than 48 hours; however, if the operation plan includes provisions to control vectors and odors, putrescible wastes may be stored for up to seven days. Any other unauthorized waste received by the facility shall be segregated and transported to an authorized disposal or recycling facility within 30 days of receipt.

(c) Operators and spotters shall be trained in accordance with subsection 62-701.320(15), F.A.C.

1. A trained operator shall be on duty whenever the facility is operating. Operating hours shall be posted at the facility.

2. At least one trained spotter shall be on duty at all times that waste is received at the site to inspect the incoming waste. All incoming waste shall be inspected, and any unauthorized waste shall be removed from the waste stream and placed into appropriate containers for disposal at a permitted facility in accordance with a schedule submitted as part of the operation plan.

(d) The facility shall be operated to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C.

(e) Adequate fire protection shall be available at all times.

(f) Access to the facility shall be controlled during the design period of the facility by fencing or other effective barriers to prevent disposal of unauthorized solid waste.

(g) All drains and leachate conveyances shall be maintained so that leachate flow is not impeded.

(h) If any regulated hazardous wastes are discovered to be improperly deposited at the facility, the facility operator shall promptly notify the Department, the person responsible for shipping the wastes to the facility, and the generator of the wastes, if known. The area where the wastes are deposited shall immediately be cordoned off from public access. If the generator or hauler cannot be identified, the facility operator shall assure the cleanup, transportation, and disposal of the waste at a permitted hazardous waste management facility.

(i) If the facility has reached its permitted capacity for storage of wastes or recyclable materials, the permittee shall not accept additional waste for processing until sufficient capacity has been restored.

(5) Certification. Certification of construction completion shall be done in accordance with paragraph 62-701.320(9)(b), F.A.C. Record drawings of relevant construction details shall be submitted along with the certification.

(6) Closure requirements.

(a) The owner or operator shall notify the Department in writing prior to ceasing operations, and shall specify a closing date. No waste shall be received by the facility after the closing date.

(b) Within 30 days after receiving the final solid waste shipment, the owner or operator shall remove or otherwise dispose of all solid waste or residue in accordance with the approved closure plan. Stored putrescible wastes shall continue to be managed in accordance with paragraph 62-701.710(4)(b), F.A.C.

(c) Closure must be completed within 180 days after receiving the final solid waste shipment. Closure will include removal of all recovered materials from the site, as well as performing any contamination evaluation required by subparagraph 62-701.710(1)(d)2., F.A.C. The owner or operator shall certify in writing to the Department when closure is complete.

(7) Financial assurance.

(a) Closure cost estimates, estimate updates and financial mechanisms shall comply with the provisions of subsections 62-701.630(1) through (4), F.A.C., except that long-term care costs need not be included, and the costs shall be based upon compliance with this section. If a trust fund is used, the full amount of the current closing cost estimate must be deposited at the time funding is required. If an escrow account is used, the fiscal year-end escrow balance must cover the entire waste processing facility closing cost estimate. Landfill and disposal unit shall mean facility.

(b) In addition to the exemption provided in subparagraph (1)(d)1., of this rule, a standalone waste processing facility is exempt from the requirement to provide proof of financial assurance as long as the current dollar Department approved closing cost estimate is less than $10,000.00.

(c) If a local government requires financial assurance for closure, which is at least as stringent as that required by this subsection, the Department will attempt to establish a cooperative mechanism with the local government and thereby avoid duplicative financial requirements.

(8) Recordkeeping.

(a) Operational records shall be maintained to include a daily log of the quantity of solid waste received, processed, stored, and removed from the site for recycling or disposal, and the county of origin of the waste, if known. These records shall include each type of solid waste, recovered materials, residuals, and unacceptable waste which is processed, recycled, and disposed. Such records shall be compiled on a monthly basis and shall be available for inspection by the Department. Records shall be retained at the facility for three years.

(b) The owner or operator of any facility which recycles construction and demolition debris shall submit an annual report to the Department on Form 62-701.900(7), Annual Report for a Construction and Demolition Debris Facility, effective date January 6, 2010, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This report shall include a summary of the amounts and types of wastes disposed of or recycled. The county of origin of materials which are recycled, or a statement that the county of origin is unknown, shall be included in the report. The report shall be submitted no later than February 1 of each year, and shall cover the preceding calendar year.

(9) Alternate procedures. The owner or operator of a facility may request alternate procedures and requirements in accordance with Rule 62-701.310, F.A.C. However, if such request is based upon the nature of the waste accepted at the facility (for example, if a facility accepts only segregated wastes which are expected to have a minimal environmental impact), the request will be submitted to and acted on by the appropriate District office of the Department as part of a permit application or modification, and need not be accompanied by any additional fee.

(10) General permit for indoor waste processing facility.

(a) General permit. A general permit is hereby granted to any person for the operation of a waste processing facility at which all incoming solid waste is stored and processed indoors, that has been constructed in conformance with a permit issued pursuant to this rule, and that will be operated in accordance with the standards and criteria set forth in Rules 62-4.540 and 62-701.300, F.A.C., and this subsection. To qualify for a general permit a facility must comply with the following:

1. The facility has been designed to have all incoming wastes tipped, sorted and processed indoors.

2. The facility has been constructed with a leachate control system to prevent discharge of leachate and avoid mixing of leachate with stormwater, and to minimize the presence of standing water.

3. Storage areas are designed to hold the expected volume of materials until they are transferred for disposal or recycling. Recovered materials, yard trash, and untreated wood may be stored outside. Other recyclable materials separated from the incoming waste stream may be stored outside in rolloff containers provided they are covered.

(b) Notification. Any person wishing to operate an indoor waste processing facility pursuant to this subsection shall notify the Department on Form 62-701.900(34), Notification of Intent to Use a General Permit for an Indoor Waste Processing Facility, http://www.flrules.org/Gateway/reference.asp?No=Ref-01481, effective August, 2012, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Each notification shall include a certification that the facility has been constructed in accordance with the criteria in this subsection, and the following:

1. A description of the facility that complies with paragraph 62-701.710(2)(a), F.A.C.,

2. An operation plan that complies with paragraph 62-701.710(2)(e), F.A.C.,

3. A closure plan that complies with paragraph 62-701.710(2)(f), F.A.C.; and,

4. A contingency plan that complies with paragraph 62-701.710(2)(g), F.A.C.

(c) Facility information that was submitted to the Department to support the most recent construction or operation permit, and which is still valid, does not need to be re-submitted with the notification. The notification shall list and reaffirm that the information is still valid.

(d) Other requirements. The permittee shall comply with the requirements of subsections 62-701.710(4), (6), and (8), F.A.C.

(11) Transfer stations that consolidate waste directly from one mobile container or vehicle into another mobile container or vehicle are exempt from the requirements of this section provided:

a. The owner or operator notifies the Department, and renews any existing notification by July 1 of each year, on Form 62-701.900(35), Notification of Container-to-Container Waste Transfer Facility, http://www.flrules.org/Gateway/reference.asp?No=Ref-01482, effective August, 2012, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. A site plan showing the property and area where waste transfer operations will be conducted shall be included in accordance with the directions on Form 62-701.900(35),

b. The facility is operated to minimize the discharge of leachate to the environment and to control objectionable odors, litter, dust, and other fugitive particulates,

c. Only construction and demolition debris and Class III solid waste is accepted at the facility,

d. Waste is stored only in mobile containers or vehicles, and is not stored, placed, or located on the ground, or in an immobile container or structure, or on a tipping floor,

e. No solid waste, including waste in mobile containers or vehicles, is stored at the facility, or on any adjacent property, for more than 7 days,

f. The largest mobile container or vehicle on-site that is used for consolidation and transfer does not hold more than 40 cubic yards,

g. No more than ten mobile containers or vehicles containing waste or recovered materials, and no more than 200 cubic yards of waste and recovered materials, are stored at the facility at any one time,

h. No more than 1,500 cubic yards of waste may be received at the facility during any calendar month,

i. The waste received at the facility has been collected by the owner or operator and shall not be received from any third party hauler of the waste,

j. Each mobile container or vehicle received or stored at the facility is owned or leased by the operator of the facility; and,

k. Operational records shall be maintained on-site documenting the quantity in cubic yards of waste received, stored, and removed from the site, and where it was sent for recycling or disposal. Such records shall be retained at the facility for three years.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History–New 5-27-01, Amended 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.720 Industrial Solid Waste Disposal

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.704, 403.707 FS. History–New 1-6-93, Amended 5-19-94, Formerly 17-701.720, Repealed 12-23-96.

Fla. Admin. Code R. 62-701.730 Construction and Demolition Debris Disposal and Recycling

(1) Applicability.

(a) No person shall construct, operate or close an off-site construction and demolition debris disposal facility without a permit issued by the Department. All holders of construction or operation permits issued prior to January 6, 2010, that contain conditions not in conformance with this chapter shall apply for modification of the permit to conform to this chapter to the District Office of the Department that issued the permit. The submission shall occur at the time of application for renewal of an existing permit, or before July 5, 2010, whichever is earlier. For purposes of this paragraph, a permit issued prior to January 6, 2010, is deemed to include a completed permit application received by the Department prior to January 6, 2010. However, the provisions of paragraph (4)(d) of this rule, will not apply to any disposal units of a facility that have received a Department permit authorizing construction or operation prior to January 6, 2010.

(b) After the applicable compliance deadline specified above, facilities shall operate only in accordance with the provisions of this section. However, any disposal unit that received a significant amount of waste in accordance with the conditions of its permit prior to the applicable compliance deadline is not required to comply with any siting or construction design requirements of this chapter that were not in effect prior to the applicable compliance deadline. For purposes of this subsection:

1. A “significant amount of waste” means that the disposal unit has received sufficient waste for disposal, in accordance with its normal operational plan, so that it is impractical to remove that waste or to relocate or reconstruct the disposal unit.

2. “Siting or construction design requirements” do not include the hydrogeological investigation required by subparagraph 62-701.730(2)(a)3., F.A.C., or the water quality monitoring plan required by subsection 62-701.730(8), F.A.C.

(2) Application. A permit application for an off-site construction and demolition debris disposal facility, disposal unit, or lateral expansion shall be submitted on Form 62-701.900(6), Application to Construct, Operate, or Modify a Construction and Demolition Debris Disposal or Disposal with Recycling Facility, http://www.flrules.org/Gateway/reference.asp?No=Ref-05029, effective date June 11, 2015, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The application shall be in conformance with the requirements of subsections 62-701.320(5), (6), (7), and paragraph (8)(a), F.A.C. All applications shall include the information in paragraphs (b) through (f), of this subsection, and applications to construct or laterally expand a disposal unit shall also include the information in paragraph (a), of this subsection.

(a) An engineering report, signed and sealed by a professional engineer, that includes:

1. A site plan, of a scale not greater than 200 feet to the inch, which shows the project location and identifies the proposed disposal units, total acreage of the site and of the proposed disposal units, and any other relevant features such as water bodies or wetlands on or within 200 feet of the site, and potable water wells on or within 500 feet of the site,

2. A geotechnical investigation which meets the criteria of Rule 62-701.410, F.A.C.,

3. A hydrogeological investigation which meets the criteria of paragraphs 62-701.410(2)(a), (c) and (d), F.A.C.,

4. An estimate of the planned active life of the facility, the design of the disposal areas, the final design height of the facility, and the maximum height of the facility during its operation,

5. Documentation that the facility location will comply with the requirements of paragraphs 62-701.730(4)(c) and (d), F.A.C.

(b) A boundary survey, legal description, and topographic survey of the property;

(c) An operation plan which describes how the applicant will comply with subsection 62-701.730(7), F.A.C., which must include procedures for emergency preparedness and response as required in subsection 62-701.320(16), F.A.C.;

(d) A closure plan that describes how the applicant will comply with subsections 62-701.730(9) and (10), F.A.C.;

(e) The financial assurance documentation required by subsection 62-701.730(11), F.A.C.; and,

(f) The CCA treated wood management plan as required in subsection 62-701.730(20), F.A.C.

(3) Certification. Certification of construction completion shall be done in accordance with paragraph 62-701.320(9)(b), F.A.C.

(4) General requirements. Except as specified in this section, the requirements of Rules 62-701.330 through 62-701.630, F.A.C., do not apply to construction and demolition debris disposal facilities.

(a) No solid waste other than construction and demolition debris shall be disposed of at a construction and demolition debris disposal facility.

(b) Waste material from a waste processing facility which is mixed with Class I or Class III waste, either before or after processing, is not considered construction and demolition debris and may not be accepted for disposal at a construction and demolition debris disposal facility.

(c) No solid waste disposal unit shall be located in the 100-year floodplain where it will restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain unless compensating storage is provided, or result in a washout of solid waste.

(d) For an above-grade disposal facility, the minimum horizontal separation between the waste disposal area and the site property boundary shall be 100 feet, measured from the toe of the proposed final cover slope.

(e) The horizontal boundaries of the waste disposal area authorized in the construction or operation permit shall be clearly delineated with permanent or semi-permanent markers, such as bollards, posts, fencing, or signs, so that the operators can determine on a daily basis whether or not the facility is exceeding its permitted dimensions.

(5) Stormwater. For aboveground disposal units, the design of any features intended to convey stormwater to a permitted or exempted treatment system shall be included in the solid waste construction permit.

(6) Design requirements.

(a) Each new disposal unit, as well as each lateral expansion of an existing disposal unit, that has not received a Department permit authorizing construction or operation prior to July 1, 2010, shall be constructed with a liner and leachate collection system, unless the applicant demonstrates, based upon the types of waste received, methods for controlling the types of waste disposed of, the proximity of ground water and surface water, and the results of the hydrogeological and geotechnical investigations including any ground water monitoring analyses, the operation of the facility is not expected to result in violations of ground water standards and criteria otherwise.

(b) The liner system shall consist of at least a single 60-mil minimum average thickness HDPE geomembrane. In the sumps located inside the disposal facility footprint and in the leachate collection trenches, the geomembrane shall be placed on a GCL with a saturated hydraulic conductivity of less than or equal to 1 x 10-7 cm/sec, or on a compacted clay liner which is a minimum six inches thick with a saturated hydraulic conductivity of less than or equal to 1 x 10-7 cm/sec. The liner shall be placed on a prepared subgrade that will not damage the geomembrane liner or the GCL. A primary leachate collection and removal system and a drainage layer shall be installed above the geomembrane liner. Except in sumps and leachate collection trenches, the system shall be designed to limit leachate head above the liner during routine facility operation after placement of initial cover to no greater than 12 inches. The liner system and leachate collection system must be constructed in accordance with the requirements of paragraphs 701.400(3)(a), (d), (e), and (f), and subsections 62-701.400(4), (7), and (8), F.A.C. Any alternative liner system shall be approved only in accordance with the provisions of Rule 62-701.310, F.A.C.

(c) Leachate shall be managed in accordance with subsection 62-701.500(8), F.A.C. Any leachate storage tanks or surface impoundments constructed or operated at the facility shall comply with the requirements of subsection 62-701.400(6), F.A.C.

(7) Operation requirements. Owners and operators of construction and demolition debris disposal facilities shall comply with the following requirements:

(a) An operation plan describing the facility operations and maintenance, emergency and contingency plans, and types of equipment that will be used shall be kept at the facility at all times and made available for inspection. The operation plan shall describe the method and sequence of filling waste and shall state the maximum allowed lift depth. Lift depth shall not exceed 10 feet unless authorized in the operation plan. Lift depths greater than 10 feet may be allowed depending on specific operations, daily volume of waste, width of working face, and good safety practices. All activities at the facility shall be performed in accordance with this plan and the permit conditions. The plan shall be updated as operations change but no less frequently than every five years. The operation permit shall be modified to reflect any substantive changes to the plan, other than those required for routine maintenance.

(b) Construction and demolition debris shall be compacted and sloped during the life of the facility to assure that the requirements of subsection (9) of this rule can be met. A schedule for compaction and grading shall be included in the operation plan. The external slopes of all disposal units shall be no greater than three feet horizontal to one foot vertical rise. The working face and internal slopes of all disposal units shall not be greater than three feet horizontal to one foot vertical rise unless reasonable assurance is provided in the operation plan that fires can be controlled in steeply sloped areas.

(c) Access to the disposal facility shall be controlled during the design period of the facility by fencing or other effective barriers to prevent disposal of solid waste other than construction and demolition debris. Signs indicating the name of the operating authority, traffic flow, hours of operations and restrictions or conditions of disposal shall be posted.

(d) Operators and spotters employed at the facility shall be properly trained in accordance with subsection 62-701.320(15), F.A.C. A trained operator shall be on duty at the facility at all times that the facility is operating. In addition, a sufficient number of spotters shall be on duty at the working face to inspect the incoming waste at all times waste is being accepted at the site. Waste shall be inspected after it is removed from the transport vehicle and prior to placement for final disposal. Any unauthorized waste shall be removed from the waste stream and placed into appropriate containers or secure storage areas for disposal or recycling at a facility authorized by the Department to receive such waste.

(e) The facility shall be operated to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C. If objectionable odors are detected off-site, the owner or operator shall comply with the requirements of paragraph 62-701.530(3)(b), F.A.C.

(f) Fuels, solvents, lubricants, and other maintenance materials shall be stored in secure areas separate from the disposal or sorting areas.

(g) Plastic buckets may be accepted at the facility unless they contain liquids other than water when they arrive; however, they may contain hardened paint, tar, cement or similar non-hazardous materials.

(h) Carpet remnants that are from a construction or demolition project or from a carpet manufacturer may be accepted at the facility.

(i) CCA treated wood shall be managed as provided in subsection (20) of this rule.

(j) If any regulated hazardous wastes are discovered to be improperly deposited at the facility, the facility operator shall promptly notify the Department, the person responsible for shipping the wastes to the facility, and the generator of the wastes, if known. The area where the wastes are deposited shall immediately be cordoned off from public access. If the generator or hauler cannot be identified, the facility operator shall assure the cleanup, transportation, and disposal of the waste at a permitted hazardous waste management facility.

(k) The owner or operator shall make arrangements or shall have equipment for temporary storage, handling and transport to an authorized disposal or recycling facility for solid waste, other than construction and demolition debris, that is inadvertently accepted by the facility. Such solid waste that is accepted by the facility shall be segregated and disposed of in accordance with Chapter 62-701, F.A.C. Unless an alternate schedule is included in an operation plan submitted with the permit application, which provides for the control of odors and vectors, putrescible waste shall not be stored for longer than 48 hours and non-putrescrible waste shall not be stored for longer than 30 days. Any hazardous waste that is received by the facility shall be managed in accordance with the provisions of Chapter 62-730, F.A.C.

(l) If a disposal unit is constructed with a liner and leachate collection system, the first layer of waste placed above the liner shall be a minimum of four feet in compacted thickness and consist of selected wastes containing no large rigid objects that may damage the liner or leachate collection system.

(8) Water quality monitoring. A water quality monitoring plan that meets the criteria set forth in Rule 62-701.510 and Chapter 62-520, F.A.C., shall be included with the permit application. This plan shall be implemented and maintained by the owner or operator, and shall include provisions to provide the reports required by subsection 62-701.510(8), F.A.C., with the following exceptions:

(a) Unless a disposal unit is constructed or operated within 200 feet of a surface water body, or unless site-specific conditions could reasonably be expected to result in contaminants entering a surface water body, surface water sampling is not required. For purposes of this paragraph, a surface water body does not include a body of water contained completely within the property boundaries of the disposal site that does not discharge from the site to surface waters.

(b) The well spacing requirements of subparagraph 62-701.510(3)(d)3., F.A.C., do not apply. A minimum of one upgradient and two downgradient wells is required, as specified in Chapter 62-520, F.A.C.

(c) Detection wells, and compliance wells if applicable, shall be sampled and analyzed at least semi-annually for the following parameters:

Field Parameters

Laboratory Parameters

pH

Aluminum

Turbidity

Chlorides

Temperature

Nitrate

Specific conductivity

Sulfate

Dissolved oxygen

Total dissolved solids (TDS)

Water elevations

Iron

Colors and sheens

Sodium

(by observation)

Arsenic

Cadmium

Chromium

Lead

Mercury

Total ammonia ‒ N

Xylenes

Those parameters listed in EPA Methods 601 and 602

(d) Background water quality shall be established in accordance with the provisions of paragraph 62-701.510(5)(b), F.A.C., except that the analysis shall also include sulfate and aluminum. In addition, all background and detection wells shall be sampled and analyzed at least once every five years for those parameters listed in paragraph 62-701.510(7)(a), F.A.C., as well as sulface and aluminum.

(e) The owner or operator of the facility may request a permit modification from the appropriate District Office of the Department to delete specific laboratory parameters or field parameters from routine analyses of detection or compliance wells and surface water. The Department will grant a request for a permit modification upon a demonstration that these parameters are not reasonably expected to be in or derived from the waste which ws received or disposed of at the facility.

(f) If monitoring parameters are detected in monitoring wells in concentrations which are significantly above background water quality, or which are at levels above the Department’s water quality standards or criteria specified in Chapter 62-520, F.A.C., the provisions of subsection 62-701.510(6), F.A.C., shall apply.

(9) Closure.

(a) At least 90 days prior to the date when wastes will no longer be accepted, the owner or operator of the construction and demolition debris disposal facility shall submit an updated closure plan to the Department to reflect any changes in the closure plan due to actual operational conditions at the facility. If unforeseen circumstances do not allow the notification within 90 days prior to ceasing to receive wastes, then notice shall be provided as soon as the need to close the facility becomes apparent. The updated and approved closure plan shall be incorporated into and made part of the permit.

(b) Final cover and seeding or planting of vegetative cover shall be placed on each disposal unit within 180 days after it has reached its final grade or ceased receiving wastes. Final cover shall consist of a 24-inch-thick soil layer, or a 30-inch thick layer consisting of approximately 50 percent soil and 50 percent ground or chipped yard trash by volume, the upper six inches of which shall be capable of supporting vegetation, and shall be graded and compacted as necessary to eliminate ponding, promote drainage, and minimize erosion. If any disposal unit has been constructed with a liner system, the final cover must include a barrier layer with a permeability that is substantially equivalent to, or less than, the permeability of the bottom liner system or meets the alternative barrier layer design requirements in subparagraph 62-701.600(3)(g)6., F.A.C. The side slopes of all above-grade disposal units shall be no greater than three feet horizontal to one foot vertical rise. If the disposal unit is lined, the closure design shall include a barrier layer or other measures to ensure that the design leachate head over the liner is not exceeded after closure. The final cover shall be vegetated to control erosion. Disposal units that are aboveground shall be designed to control the flow of stormwater, such as building reverse sloping benches or terraces into the side slopes of the disposal units and shall contain down slope drainage ways with water flow energy dissipaters unless reasonable assurance is provided that adequate erosion control will be achieved in the absence of such measures.

(c) Any disposal unit designed with a geomembrane as part of the barrier layer shall have a gas management system installed during closure that is designed to reduce gas pressure in the interior of the disposal unit and to prevent failure of the final cover. The gas management system may be active or passive. An active system shall be designed and operated in a manner that prevents intrusion of ambient air into the disposal unit.

(d) Placement of final cover may be delayed if additional waste will be deposited on the disposal unit within five years, but only if the disposal unit is temporarily closed in accordance with an approved closure plan. Conditions of temporary closure shall include:

1. The disposal unit was constructed in compliance with its permit conditions,

2. A schedule for temporary and final closure is shown in the closure plan,

3. Final cover is installed on side slopes of each completed disposal unit which will not receive additional waste,

4. Odors and runoff are controlled,

5. The closure cost estimate takes into account the costs of temporary closure as well as the costs of the final closure; and,

6. An intermediate cover is installed on the disposal unit within 30 days after the unit stops accepting waste. The intermediate cover may be removed before placing additional waste or installing final cover.

(e) The owner or operator shall provide a certification of closure construction completion to the Department within 30 days after closing, covering, and seeding the disposal unit. The owner or operator shall also provide a final survey report done by a professional surveyor, in accordance with paragraph 62-701.600(6)(b), F.A.C., if disposal operations have raised the final elevations higher than 20 feet above the natural land surface.

(f) Upon receipt and approval of the documents required in paragraph (d), of this subsection, the Department shall, within 30 days, acknowledge by letter that notice of termination of operations and closing of the facility has been received. The date of this letter shall be the official date of closing for the purpose of determining the long-term care period, in accordance with subsection 62-701.600(8), F.A.C.

(g) Declaration to the public. After closing operations are approved by the Department, the facility owner or operator shall file a declaration to the public in the deed records in the office of the county clerk of the county in which the facility is located. The declaration shall include a legal description of the property on which the facility is located and a site plan specifying the area actually filled with construction and demolition debris. The declaration shall also include a notice that any future owner or user of the site should consult with the Department prior to planning or initiating any activity involving the disturbance of the facility’s cover, monitoring system or other control structures. A certified copy of the declaration shall be filed with the Department.

(10) Long-term care. The owner or operator of the construction and demolition debris disposal facility shall continue to monitor and maintain the integrity and effectiveness of the final cover as well as other appurtenances of the facility, control erosion, fill subsidences, control objectionable odors, implement an odor remedication plan that meets the requirements of paragraph 62-701.530(3)(b), F.A.C., if required, and comply with the water quality monitoring plan for five years from the date of closing. Before the expiration of the long-term care monitoring and maintenance period, the Department may extend the time period if the water quality monitoring system indicates that the facility continues to impact water quality at concentrations which may be expected to result in violations of Department water quality standards or criteria; if site-specific conditions make it likely that any contamination that may emanate from the disposal area would not be detected within the long-term care period; if the final cover does not have well established vegetation or is showing signs of continuing significant erosion problems; or if the permittee has not performed all required monitoring or maintenance.

(11) Financial assurance.

(a) Closure cost estimates, estimate updates and financial mechanisms shall comply with the provisions of subsections 62-701.630(1) through (4), F.A.C., except that the cost of long-term care shall be based upon a five-year period, and the costs shall be based upon compliance with this section. Landfill shall mean facility.

(b) If a local government requires financial assurance for closure, which is at least as stringent as that required by this rule, the Department will attempt to establish a cooperative mechanism with the local government and thereby avoid duplicative financial requirements.

(c) Owners or operators of facilities that are required to undertake a corrective action program in accordance with paragraph 62-701.730(8)(f), F.A.C., shall submit proof of financial assurance to the Department in accordance with subsections 62-701.630(7), (8) and (9), F.A.C., no later than 120 days after the corrective action remedy has been selected.

(d) If long-term care is extended because the permittee has failed to perform all required monitoring and maintenance, during the long-term care period, financial assurance shall continue to be required during the extended long-term care. If the long-term care is extended for any other reason, financial assurance is not required during the extended long-term care period, except as may be required in paragraph (c), of this subsection.

(12) Annual Reports. The owner or operator of the facility shall submit an annual report to the Department on Form 62-701.900(7). This report shall include a summary of the amounts and types of wastes disposed of or recycled. The county of origin of materials that are recycled, or a statement that the county of origin is unknown, shall be included in the report. The report shall be submitted no later than February 1 of each year and shall cover the preceding calendar year.

(13) Recycling.

(a) The owner or operator of a facility that accepts construction and demolition debris for disposal and that also recovers materials from the construction and demolition debris waste stream for purposes of recycling shall meet the requirements of this section as well as the requirements of Rule 62-701.710, F.A.C. If there is a conflict between this section and Rule 62-701.710, F.A.C., this section shall govern. It is not necessary for the owner or operator to apply for a separate permit as a waste processing facility or to pay an additional fee.

(b) The owner or operator of a facility that recovers materials from the construction and demolition debris waste stream for purposes of recycling but that does not dispose of any wastes on-site shall apply for a permit on Form 62-701.900(4), and shall comply with the provisions of Rule 62-701.710, F.A.C.

(c) In order to reuse recovered screened material other than clean debris from the construction and demolition debris waste stream, an owner or operator shall demonstrate that this material will be managed and reused in a manner that will pose no significant threat to public health or the environment. In making this demonstration, the owner or operator may consider background levels of receiving soils, whether the material will be blended with other materials, and the likelihood that the material may have unlimited distribution or come into direct contact with the public. Examples of management practices which would not require analysis for health-based criteria include permanent encapsulation, use as initial or intermediate cover or subsurface construction at a permitted landfill, or use under at least two feet of clean cover material.

(d) Metal, paper, glass, plastic, textile, or rubber materials that have been diverted and source separated or have been removed from the construction and demolition debris waste stream for sale, use, or reuse as raw materials may be managed as recovered materials. Other materials that have been diverted and source separated or have been removed from the construction and demolition debris waste stream may be sold, used, or reused as raw materials upon a demonstration that the material will pose no significant threat to public health or the environment.

(e) The owner or operator of any permitted materials recovery or disposal facility that accepts dedicated loads of construction and demolition debris shall ensure that such materials are processed, to the extent economically feasible, to remove recyclable materials prior to disposal. The owner or operator of such a facility shall evaluate the economic feasibility of processing to remove recyclable materials prior to disposal, and shall certify that they have evaluated the economic feasibility for processing construction and demolition debris. The certification shall indicate the economic factors that were considered in the evaluation, the types of construction and demolition debris materials that were evaluated, and whether it was determined that processing to remove recyclable materials prior to disposal was economically feasible. The evaluation and certification shall be documented on Form 62-701.900(36), Certification of Economic Feasibility to Process C&D Debris Prior to Disposal, effective date March 13, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-06527, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This certification shall be completed no later than September 9, 2016 for existing facilities, or prior to operating a new facility on or after March 13, 2016. Thereafter, the evaluation and certification shall be completed at least annually. Where an owner or operator becomes aware of changed conditions that they believe warrant discontinuing processing to remove recyclable materials prior to disposal, the owner or operator may temporarily discontinue such processing for a period of up to 12 months; however, such changed conditions shall be incorporated in the next evaluation and certification on Form 62-701.900(36). Documentation of each evaluation and certification shall be kept at the facility and made available to the Department upon request, along with supporting documentation for the items considered in the course of the economic evaluation. If the owner or operator determines that it is economically feasible to process some or all of a material being accepted, but the material currently is not being processed, then such material shall be processed prior to disposal to remove the fraction of the recyclable material to the extent economically feasible no later than three months after completion of any process changes that were identified by the owner or operator as part of the associated economic feasibility evaluation. Reporting the amounts of any recovered materials separated from the waste stream shall continue to be provided in accordance with the requirements of Chapter 62-722, F.A.C. Other than the referenced provisions of Chapter 62-722, F.A.C., this paragraph does not apply to:

1. Recovered materials,

2. Materials that have previously been source-separated and offered for recycling,

3. Materials that have been previously processed to remove recyclable materials, or

4. Off-site disposal of yard trash authorized in accordance with Rule 62-701.803, F.A.C.

(14) Incineration. A facility that employs an air curtain incinerator and that also stores or disposes of construction and demolition debris at the site shall meet the permitting requirements of Rule 62-256.700, F.A.C., as well as this section.

(15) Clean debris. Clean debris may be used as fill or raw material in any area, including waters of the State, subject to receipt of an environmental resource permit from the Department where applicable. Clean debris used as fill material is not solid waste, and such use does not require a solid waste permit under this rule.

(16) Landfill disposal. Construction and demolition debris may be disposed of in a permitted landfill. However, each county must maintain segregated disposal areas for construction and demolition debris. The cover requirements for a segregated construction and demolition debris disposal area within a permitted landfill shall be those in subsection (9) of this rule. Landfills permitted in accordance with Rule 62-701.330, F.A.C., which have construction and demolition debris disposal units or recycling facilities included as part of their permit conditions, are not required to submit separate permit applications or financial assurance documents under this section.

(17) Onsite disposal. Construction and demolition debris that is disposed of on the property where it is generated, or on property that is adjacent or contiguous to and under common ownership and control as that property where the waste is generated, is exempt from the requirements of this section and Rule 62-701.330, F.A.C. However, such disposal is subject to the prohibitions of Rule 62-701.300, F.A.C. All waste shall be inspected by the generator or a spotter prior to disposal, either at the point of generation or at the disposal site, to ensure that any unauthorized waste is removed from the waste stream prior to disposal and managed in accordance with Department rules. Final cover and seeding or planting of vegetative cover shall be placed on each disposal unit within 180 days after final receipt of waste. Final cover shall consist of a 24-inch-thick soil layer, the upper six inches of which shall be capable of supporting vegetation, and shall be graded and compacted as necessary to eliminate ponding, promote drainage, and minimize erosion. The side slopes of all above-grade disposal areas shall be no greater than three feet horizontal to one foot vertical rise.

(18) Disposal restrictions. Construction and demolition debris may be disposed of only in accordance with one of the methods authorized above. In addition, disposal areas shall be operated so that adverse environmental and public health impacts, such as blowing litter and vectors, are minimized. Upon discovery that a permitted facility has disposed of solid waste outside of its permitted dimensions, the owner or operator shall notify the Department within three working days of this discovery. If all waste is not relocated within the permitted dimensions of the facility within 30 days of discovery, upon order of the Department the facility shall not accept any waste until the facility is in compliance with its permitted dimensions.

(19) Asbestos waste disposal. Asbestos-containing waste materials regulated pursuant to 40 C.F.R. Part 61, Subpart M, shall not be disposed of in a construction and demolition debris disposal unit.

(20) CCA treated wood. The owner or operator of a facility, except for a disposal facility with a constructed liner system, shall design and implement a CCA treated wood management plan. The plan shall be designed to minimize the amount of CCA treated wood that is delivered to the facility, and must describe procedures the operator will use to make a reasonable effort to separate any CCA treated wood from other wastes at the facility. CCA treated wood that is separated from other wastes at the facility shall not be disposed of at an unlined solid waste disposal facility.

(21) Alternate procedures. The owner or operator of a facility may request alternate procedures and requirements in accordance with Rule 62-701.310, F.A.C. However, if such request is based upon the nature of the construction and demolition debris accepted at the facility (for example, if a facility accepts only segregated wastes which are expected to have a minimal environmental impact), the request will be submitted to and acted on by the appropriate District office of the Department, and need not be accompanied by any additional fee.

History

• Rulemaking Authority 403.0877, 403.704, 403.707 FS. Law Implemented 403.0877, 403.706, 403.707 FS. History–New 8-2-89, Formerly 17-701.061, Amended 1-6-93, Formerly 17-701.730, Amended 12-23-96, 4-23-97, 5-27-01, 1-6-10, 8-12-12, 6-11-15, 3-13-16.

Fla. Admin. Code R. 62-701.801 General Permit for Solid Waste Transfer Station

History

• Rulemaking Authority 403.814(1) FS. Law Implemented 403.061, 403.087, 403.088, 403.702-403.73, 403.814 FS. History–New 7-8-82, Formerly 17-4.61, 17-4.610, 17-7.801, Amended 1-6-93, 5-19-94, Formerly 17-701.801, Repealed 5-27-01.

Fla. Admin. Code R. 62-701.802 General Permit for Land Application of Grade II Domestic Wastewater Treatment Sludge

History

• Rulemaking Authority 403.814 FS. Law Implemented 403.061, 403.087, 403.702-.715, 403.814 FS. History–New 6-16-84, Formerly 17-4.64, 17-4.640, 17-7.802, 17-701.802, Repealed 12-23-96.

Fla. Admin. Code R. 62-701.803 General Permit for Off-site Disposal of Yard Trash

(1) Notification. Notwithstanding the provisions of Rule 62-701.730, F.A.C., facilities that accept for disposal only yard trash may operate under a general permit pursuant to Part III of Chapter 62-4, F.A.C., and this section. For purposes of this section, yard trash includes land clearing debris and unpainted, nontreated wood scraps and wood pallets that meet the definition of construction and demolition debris. The owner or operator of the yard trash disposal facility shall notify the Department in writing of the intent to use this general permit on Form 62-701.900(3), Notification of Intent to Use a General Permit for a Yard Trash Disposal Facility, http://www.flrules.org/Gateway/reference.asp?No=Ref-05019, effective date February 15, 2015, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Owners or operators of solid waste management facilities which have a permit under Chapter 62-701, F.A.C., to receive yard trash are exempt from this requirement. The notification shall include:

(a) A site plan, of a scale not greater than 200 feet to the inch, that shows the project location and identifies the proposed disposal areas, total acreage of the site and of the proposed disposal area, and any other relevant features such as water bodies, wetlands, or potable water wells within 100 feet of the site;

(b) Identification of ground water levels at the site, including the seasonal high ground water level if known;

(c) A general description of the facility operations, including equipment and personnel planned for the operation and closure of the facility, and a training plan which complies with the requirements of subsection 62-701.320(15), F.A.C.;

(d) A boundary survey and legal description, of the property;

(e) The planned active life of the facility, and the design height of the facility;

(f) Closure plans and cross section details of the final cover;

(g) The mailing address and phone number of the owner and operator; and,

(h) Documentation that the applicant either owns the land or has legal authorization from the landowner to use the land for a disposal facility.

(2) Other requirements.

(a) The requirements of Rules 62-701.330 through 62-701.630, F.A.C., do not apply to yard trash disposal facilities, provided that none of the prohibitions contained in Rule 62-701.300, F.A.C., shall be violated.

(b) The owner or operator shall construct the facility only in accordance with the site plan submitted with the notification.

(c) The owner or operator shall operate the facility only in accordance with the descriptions and plans submitted with the notification.

(d) The external slopes of all disposal units shall be no greater than three feet horizontal to one foot vertical rise. The working face and internal slopes of all disposal units shall not be greater than three feet horizontal to one foot vertical rise unless reasonable assurance is provided in the notification that fires can be controlled in steeply sloped areas.

(e) The facility shall be operated to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C. If objectionable odors are detected off-site, the owner or operator shall comply with the requirements of paragraph 62-701.530(3)(b), F.A.C.

(3) Temporary storage. The owner or operator shall make arrangements or shall have equipment for temporary storage, handling and transport to an authorized disposal or recycling facility for solid waste, other than yard trash, that is inadvertently accepted by the facility. Such solid waste that is accepted by the facility shall be segregated and disposed of in accordance with Department rules. Unless an alternate schedule is included in an operation plan submitted with the permit application, which provides for the control of odors and vectors, putrescible waste shall not be stored for longer than 48 hours and non-putrescible waste shall not be stored for longer than 30 days. Any hazardous waste that is received by the facility shall be managed in accordance with the provisions of Chapter 62-730, F.A.C.

(4) Compaction. Yard trash shall be compacted and sloped as necessary to assure that the requirements of subsection (8) of this rule, can be met.

(5) Access. Access to the disposal facility shall be controlled during the active life of the facility by fencing or other effective barriers to prevent disposal of solid waste other than yard trash.

(6) Inspection of waste. At least one spotter shall be on duty at the working face at all times that the site is operating to inspect the incoming waste. Any material other than yard trash shall be removed from the waste stream and placed into appropriate containers for disposal at a permitted facility. Spotters shall be trained in accordance with subsection 62-701.320(15), F.A.C.

(7) Inspections. Operation of a facility under a general permit constitutes consent for Department personnel to inspect the site and such records as are required by this section during normal business hours for compliance with Department rules.

(8) Closure. Final cover and seeding or planting of vegetative cover shall be placed on each disposal unit within 180 days after final receipt of wastes. Final cover shall consist of a 24-inch-thick soil layer, the upper six inches of which shall be capable of supporting vegetation and shall be graded to eliminate ponding, promote drainage, and minimize erosion. The side slopes of all above-grade disposal areas shall be no greater than three feet horizontal to one foot vertical rise.

(9) Notification of closure. The owner or operator shall notify the Department within 30 days after closing, covering, and seeding the facility as required in subsection (8) of this rule.

(10) Incineration. A facility that employs an air curtain incinerator and that also stores or disposes of yard trash at the site shall meet the permitting requirements of Rule 62-256.700, F.A.C., as well as this section.

History

• Rulemaking Authority 403.704, 403.707, 403.814 FS. Law Implemented 403.707, 403.814 FS. History–New 8-2-89, Amended 1-6-93, 1-2-94, 5-19-94, Formerly 17-701.803, Amended 12-23-96, 4-23-97, 5-27-01, 1-6-10, 8-12-12, 2-15-15.

Fla. Admin. Code R. 62-701.804 Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments

(1) Purpose and Scope.

(a) The Department adopts by reference the scope and purpose contained in 40 Code of Federal Regulations (CFR) 257.50 and 40 CFR 257.52 http://www.flrules.org/Gateway/reference.asp?No=Ref-14207, revised as of August 5, 2016.

(b) Coal Combustion Residual (CCR) landfills and Coal Combustion Residual surface impoundments, which are collectively referred to as CCR units, are solid waste management facilities in accordance with subsection 62-701.200(112), F.A.C.

(c) Unless another rule is specifically stated to apply only Chapters 62-4, 62-110, Rules 62-701.300, 62-701.320, 62-701.804, and 62-701.805, F.A.C., are applicable to CCR units.

(2) Definitions.

(a) The Department adopts by reference the definitions contained in 40 CFR 257.53 revised as of July 1, 2021 http://www.flrules.org/Gateway/reference.asp?No=Ref-14209.

(b) When a term in any provision adopted in this chapter from 40 CFR 257.50 through 257.107 is not defined it shall have the meaning as given in the federal Resource Conservation and Recovery Act.

(c) The term “Wetlands” as used in any provision adopted in this chapter shall have the definition of “wetlands” as defined in Section 373.019, F.S.

(d) When the same word, phrase, or term is defined in Part IV of Chapter 403, F.S., and 40 CFR 257.53 and the definitions are not identical, the definitions as given in the state statute shall apply.

(3) The Department adopts by reference the following Sections of 40 CFR 257 revised as of August 5, 2016 http://www.flrules.org/Gateway/reference.asp?No=Ref-14207, and as amended in the 85 Federal Register dated August 28, 2020 (53516-53566) http://www.flrules.org/Gateway/reference.asp?No=Ref-13565 and 85 Federal Register dated November 12, 2020 (72506-72543) http://www.flrules.org/Gateway/reference.asp?No=Ref-13566 with the exceptions listed in subsection 62-701.804(5), F.A.C.: floodplains, 257.3-1; endangered species, 257.3-2; surface water, 257.3-3; placement above the uppermost aquifer, 257.60; wetlands, 257.61; fault areas, 257.62; seismic impact zones, 257.63; unstable areas, 257.64; design criteria for new CCR landfills and any lateral expansion of a CCR landfill, 257.70; liner design criteria for existing CCR surface impoundments, 257.71; liner design criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment, 257.72; structural integrity criteria for existing CCR surface impoundments, 257.73; structural integrity criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment, 257.74; air criteria, 257.80; run-on and run-off controls for CCR landfills, 257.81; hydrologic and hydraulic capacity requirements for CCR surface impoundments, 257.82; inspection requirements for CCR surface impoundments, 257.83; inspection requirements for CCR landfills, 257.84; applicability, 257.90; groundwater monitoring systems, 257.91; groundwater sampling and analysis requirements, 257.93; detection monitoring program, 257.94; assessment monitoring program, 257.95; assessment of corrective measures, 257.96; selection of remedy, 257.97; implementation of the corrective action program, 257.98; inactive CCR surface impoundments, 257.100; closure or retrofit of CCR units , 257.101; criteria for conducting the closure or retrofit of CCR units, 257.102; alternative closure requirements, 257.103; post-closure care requirements, 257.104; recordkeeping requirements, 257.105; notification requirements, 257.106; publicly accessible Internet site requirements, 257.107; Appendix III to Part 257, Constituents for Detection Monitoring; and Appendix IV to Part 257, Constituents for Assessment Monitoring.

(4) The Department adopts by reference the following sections of 40 CFR 257 revised as of July 30, 2018 http://www.flrules.org/Gateway/reference.asp?No=Ref-14208, and as amended in the 85 Federal Register dated August 28, 2020 (53516-52566) http://www.flrules.org/Gateway/reference.asp?No=Ref-13565: 257.101(b)(1)(ii).

(5) The Department does not adopt the following section of 40 CFR Part 257 revised as of April 7, 2015: 257.50(e).

(6) References to 40 CFR 257.50 and 257.3-1 through 257.3-3 and 257.53 through 257.107 in any provisions adopted by reference and in Rule 62-701.805, F.A.C., shall mean rules adopted by the Department regarding Coal Combustion Residuals in Rules 62-701.804 and 62-701.805, F.A.C.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.702, 403.703, 403.704 FS. History–New 3-1-22, Amended 6-9-22.

Fla. Admin. Code R. 62-701.805 Coal Combustion Residuals Facility Permitting Requirements and Procedures

(1) Location Restriction Requirements.

(a) New CCR landfills, existing CCR landfills, and lateral expansion of a CCR landfill. The location restriction requirement for existing CCR landfills is specified in 40 CFR 257.64. The location restrictions for the construction of new CCR landfills and any lateral expansions are those specified in 40 CFR 257.60, 257.61, 257.62, 257.63, and 257.64 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(b) New CCR surface impoundments, existing CCR surface impoundments, and lateral expansion of a CCR surface impoundment. The location restriction requirements for existing CCR surface impoundments, construction of new CCR surface impoundments, and any lateral expansions are those specified in 40 CFR 257.60, 257.61, 257.62, 257.63, and 257.64 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(2) Design Requirements.

(a) The design requirements for construction of new CCR landfills and any lateral expansions are those specified in 40 CFR 257.70 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(b) The design requirements for construction of new CCR surface impoundments or any lateral expansions are those specified in 40 CFR 257.72, and 257.74 [as adopted by reference in subsection 62-701.804(3), F.A.C.]. The design requirements for existing CCR surface impoundments are those specified in 40 CFR 257.71 and 257.73 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(c) Requirement for Quality Assurance/Quality Control (QA/QC) Plans. For the construction of any new CCR landfill or CCR surface impoundment, any lateral expansions of a CCR landfill or surface impoundment, or retrofit of an existing CCR surface impoundment, a quality assurance/quality control plan must be provided for the construction of the liner system, leachate collection system, and the final cover system, as applicable.

1. The quality assurance/quality control plan shall provide personnel with adequate information to achieve continuous compliance with the construction requirements. The plan shall include or refer to specifications and construction methods that use established engineering practices to construct a liner system, leachate collection system or final cover system and provide for quality control testing procedures and sampling frequencies. Sampling and testing shall be conducted in the field by trained personnel during construction and after construction completion. Such personnel shall be under the direction of a construction quality assurance professional engineer, to assure compliance with the standards. The construction quality assurance professional engineer or their designee shall be on-site at all times during construction to monitor construction activities and shall be on-site to monitor off-loading of any geosynthetics to be used. Construction activities include the time during which a protective layer is installed over a geomembrane, to ensure that the placement techniques do not cause damage to the geomembrane.

2. Liner systems, leachate collection systems, and final cover systems shall be installed in accordance with a Department-approved construction quality assurance plan that includes the following elements:

a. Responsibility and authority of all organizations and key personnel involved in permitting, designing, constructing, and providing construction quality assurance of the waste disposal facility shall be described fully;

b. Minimum qualifications of the construction quality assurance professional engineer and supporting personnel shall be in the plan to demonstrate that they possess the training and experience necessary to fulfill their identified responsibilities;

c. Procedures and tests that will be used to monitor the installation of the liner system, leachate collection system, or final cover system components shall be described in detail;

d. The sampling activities, sample size, sample locations, frequency of testing, acceptance and rejection criteria, and plans for implementing corrective measures that may be necessary shall be described; and

e. Reporting requirements for construction quality assurance activities shall be described, including daily summary reports, observation data sheets, problem identification and corrective measures, and final documentation. All such documents shall be included in the final report which shall be forwarded to the Department.

f. For geosynthetic components:

(I) Unless otherwise approved by the Department, one destructive test sample shall be collected every 500 feet along the total length of the liner seams. If an electrical leak location survey method, or other equivalent non-destructive test method, is used to locate and repair leaks in the installed liner system, then one destructive test sample shall be collected every 1000 feet along the total length of the seams in the areas where this method is used.

(II) If an electrical leak location survey method, or other equivalent method is used to test the geomembrane(s) in the liner system, testing shall be conducted after placement of the soil drainage layer. The geomembrane liner leak location survey shall be performed using standard industry methods, and any leaks located shall be repaired and tested by methods approved by the Department. The results of the geomembrane liner leak location survey, including a description of the locations of any leaks detected and the repairs that were conducted on these leaks, shall be documented in a final report included with the completion of construction documents required in this subsection.

(III) A laboratory experienced in the testing of geosynthetics, independent of the liner manufacturer and installer, shall perform the required testing which must include, at a minimum, conformance testing for all geosynthetics and geocomposites, and testing of seam shear and peel strength for geomembranes.

g. For soil components:

(I) All required testing and analysis shall be conducted by a qualified soil testing laboratory and performed in accordance with generally accepted engineering procedures, such as those promulgated by ASTM International.

(II) Prior to soil component installation, an appropriate borrow source shall be located. Suitability of the soil construction materials from that source shall be determined in accordance with the following:

(A) A field exploration and laboratory testing program shall be conducted by an independent soil testing laboratory to document the horizontal and vertical extent and the homogeneity of the soil strata proposed for use as a material component of the liner system. A sufficient number of index tests from each potential borrow stratum shall be performed to quantify the variability of the borrow materials and to document that the proposed borrow material complies with specifications. At a minimum, the index tests shall consist of percent fines, Atterberg limits and moisture content determinations.

(B) Sufficient laboratory hydraulic conductivity tests shall be conducted on samples representative of the range invariability of the proposed borrow source. For each such sample, test specimens shall be prepared and tested to cover the range of molding conditions (moisture content and dry density) required by project specifications. The hydraulic conductivity tests shall be conducted in triaxial type permeameters. The test specimens shall be consolidated under an isotropic consolidation stress no greater than 10 pounds per square inch and permeated with water under an adequate backpressure to achieve saturation of the test specimens. The inflow to and outflow from the specimens shall be monitored with time and the hydraulic conductivity calculated for each recorded flow increment. The test shall continue until steady state flow is achieved and relatively constant values of hydraulic conductivity are measured. The borrow source will only be considered suitable if the hydraulic conductivity of the material, as documented on laboratory test specimens, can be shown to meet the requirements of the project specifications at the 98 percent confidence level.

(III) Prior to full-scale installation, a field test section or test strip shall be constructed at the site above a prepared subbase. The test strip shall be considered acceptable if the measured hydraulic conductivities of undisturbed samples from the test strip meet the requirements of the project specifications at the 98 percent confidence level. If the test section fails to achieve the desired results, additional test sections shall be constructed in accordance with the following requirements:

(A) The test section shall be of sufficient size such that full-scale installation procedures can be duplicated within the test section;

(B) The test section shall be constructed using the same equipment for spreading, kneading and compaction and the same construction procedures (e.g., number of passes, moisture addition and homogenization, if needed) that are anticipated for use during full-scale installation;

(C) At a minimum, the test section shall be subject to the following field and laboratory testing requirements:

I. A minimum of five random samples of the soil construction material delivered to the site during test section installation shall be tested for moisture content, percent fines, and Atterberg limits;

II. At least five field density and moisture determinations shall be performed on each lift of the compacted test section;

III. Upon completion of the test section lift, the thickness of the lift shall be measured at a minimum of five random locations to check for thickness adequacy; and

IV. A minimum of five Shelby tube or drive cylinder samples shall be obtained from each lift of the test section for laboratory hydraulic conductivity testing. Laboratory hydraulic conductivity testing shall be conducted in triaxial type permeameters. The test specimens shall be consolidated under an isotropic consolidation stress no greater than 10 pounds per square inch and permeated with water under an adequate backpressure to achieve saturation of the test specimens. The inflow to and outflow from the specimens shall be monitored with time and the hydraulic conductivity calculated for each recorded flow increment. The test shall continue until steady state flow is achieved and relatively constant values of hydraulic conductivity are measured.

(IV) Full scale installation may begin only after completion of a successful test section. During construction, quality control testing shall be provided to document that the installed soil component conforms to project specifications. The testing frequencies for quality control testing are specified below; however, during construction of the first five acres, these frequencies shall be doubled. Samples shall be obtained from random locations selected by an independent soil testing laboratory. If there are indications of a change in product quality or construction procedures during construction, additional tests shall be performed to determine compliance.

(V) Field testing during installation. The following field tests shall be performed:

(A) Prior to the laying of the soil component materials, the subbase shall be compacted to the specified density. Density tests shall be conducted at a minimum rate of two tests per acre;

(B) A minimum of two moisture content and field density determinations shall be conducted per acre per lift of the compacted soil component material. The degree of compaction shall be checked using the one-point field Proctor test or other appropriate test procedures; and

(C) A minimum of four thickness measurements shall be conducted per acre per lift of the compacted soil component material.

(VI) Laboratory testing during soil component installation. The following laboratory tests shall be performed:

(A) Percent fines of the soil component construction material shall be determined at a minimum frequency of two tests per ace per lift of installed soil component material;

(B) Atterberg Limits determinations shall be performed on one sample per acre per lift of installed soil component material; and

(C) Hydraulic conductivity testing of Shelby tube or drive cylinder samples of the compacted soil component material shall be performed at a minimum frequency of one test per acre per lift. Laboratory hydraulic conductivity tests shall be conducted in triaxial type permeameters. The test specimens shall be consolidated under an isotropic consolidation stress no greater than 10 pounds per square inch and permeated with water under an adequate backpressure to achieve saturation of the test specimens. The inflow to and outflow from the specimens shall be monitored with time and the hydraulic conductivity calculated for each recorded flow increment. The test shall continue until steady state flow is achieved and relatively constant values of hydraulic conductivity are measured.

(VII) If the test data from a soil component section does not meet the requirements of the project specifications, additional random samples may be tested from that section. If such additional testing demonstrates that the thickness and hydraulic conductivity meet the requirements of the project specifications at the 95 percent confidence level, that section will be considered acceptable. If not, that section shall be reworked or reconstructed so that it does meet these requirements.

3. The professional engineer in charge of construction quality assurance shall provide a signed, sealed final report and record drawings to the Department stating that the liner components have been installed in substantial conformance with the plans and specifications. The report and drawings shall be submitted along with a certification of construction completion on Form 62-701.900(2) Certification of Construction Completion of a Solid Waste Management Facility, incorporated by reference in paragraph 62-701.320(9)(b), F.A.C.

(3) Operating Requirements.

(a) New CCR landfills, existing CCR landfills, and lateral expansion of a CCR landfill. The operating requirements for existing CCR landfills, construction of new CCR landfills and any lateral expansions are those specified in 40 CFR 257.80, 257.81, and 257.84 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(b) New CCR surface impoundments, existing CCR surface impoundments, and lateral expansion of a CCR surface impoundment. The operating requirements for existing CCR surface impoundments, construction of new CCR surface impoundments, and any lateral expansions are those specified in 40 CFR 257.80, 257.82, and 257.83 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(4) The requirements for inactive CCR surface impoundments are those specified in 40 CFR 257.100 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(5) The groundwater monitoring and corrective action requirements are those specified in 40 CFR 257.90, 257.91, 257.93, 257.94, 257.95, 257.96, 257.97, and 257.98 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(6) Requirements for retrofitting existing unlined CCR surface impoundments are those specified in 40 CFR 257.102(k), [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(7) Financial Assurance.

(a) For any CCR unit or units, closure cost estimate updates and financial mechanisms are required to be prepared for each unit and shall comply with the provisions of subsections 62-701.630(1) through (4), F.A.C., except that the costs shall be based upon compliance with Rules 62-701.804 and 62-701.805, F.A.C. For purposes of this subsection, references to “landfill” in subsections 62-701.630(1) through (4), F.A.C., shall mean CCR landfill or CCR surface impoundment.

(b) Local governments shall comply with the provisions of subsections 62-701.630(1) through (4) or 62-701.630(5), F.A.C., as applicable, to establish financial assurance for closure and post-closure.

(8) Closure and Post-closure Care.

(a) Closure or retrofit of existing, new and lateral expansions of CCR units shall be conducted in accordance with 40 CFR 257.100(a) and 40 CFR 257.101 through 40 CFR 257.103 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(b) The owner or operator must close the CCR unit in accordance with a Department operating permit that includes a closure plan, or a closure permit issued by the Department. Prior to initiating closure of a CCR unit, the owner or operator must receive authorization from the Department using one of the following options:

1. The owner or operator may submit an application to the Department for a closure permit which shall include a closure plan on Form 62-701.900(37), Application to Construct, Operate, Modify, or Close a Coal Combustion Residuals (CCR) Unit or Units, effective date July 2022, hereby adopted and incorporated by reference. Copies of this form can be obtained from the Department’s website or by contacting the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400, or the form can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-14416; or

2. If the CCR unit is operating under a CCR operating permit, the owner or operator may request a modification of the permit to address substantive changes in the closure plan, or the owner or operator may demonstrate that the closure plan in the existing operating permit includes sufficient detail to provide reasonable assurance of compliance with the provisions of this section.

(c) All required notices in 40 CFR 257.102(g), 40 CFR 257.102(h), and 40 CFR 257.102(i) [as adopted by reference in subsection 62-701.804(3), F.A.C.] must be provided to the Department per the timeframes in those rules.

(d) Upon completion of closure activities, a professional engineer registered in Florida shall prepare and submit a closure report to the Department, pursuant to subsection 62-701.600(6), F.A.C. Upon approval by the Department in accordance with subsection 62-701.600(8), F.A.C., closure will be deemed complete and the facility may begin the post-closure care period.

(e) Once closure activities have been completed, the owner or operator shall file a declaration to the public in the deed records in the office of the county clerk of the county in which the CCR unit is located. The declaration shall include a legal description of the property on which the CCR unit is located and a site plan specifying the area actually filled with CCR materials. The declaration shall also include a notice that any future owner or user of the site should consult with the Department prior to planning or initiating any activity involving the disturbance of the landfill cover, monitoring system, or other control structures. A certified copy of the recorded declaration shall be filed with the Department.

(f) Post-closure care for CCR units shall be conducted in accordance with 40 CFR 257.104 [as adopted by reference in subsection 62-701.804(3), F.A.C.] with the following exceptions and additions:

1. An owner or operator of an inactive surface impoundment that elects to close a CCR unit pursuant to the requirements under 40 CFR 257.100(a) [as adopted by reference in subsection 62-701.804(3), F.A.C.] is subject to the post- closure care criteria in 40 CFR 257.104 [as adopted by reference in subsection 62-701.804(3), F.A.C.]. The post-closure care plan required pursuant to 40 CFR 257.104 [as adopted by reference in subsection 62-701.804(3), F.A.C.] must be approved by the Department prior to initiating post-closure care period.

2. Upon the completion of the post-closure care period specified in 40 CFR 257.104 [as adopted by reference in subsection 62-701.804(3), F.A.C.], the Department must provide approval that the post-closure care period has been completed.

3. The release of CCR units from post-closure care must be approved by the Department.

(g) This subsection does not apply to CCR units that commenced closure or post-closure care before March 1, 2022, in accordance with paragraph(8)(a), paragraph (8)(f), or pursuant to judicial order, judicially-approved consent decree, Department consent order, or other Department authorization. For purposes of this subsection, a CCR unit has commenced closure or post-closure care if the owner or operator has obtained the federal, state, or local approvals or permits necessary to begin physical construction related to closure or to begin post-closure care monitoring, and a continuous on-site physical construction program related to closure or actual post-closure care monitoring had begun prior to March 1, 2022.

(9) Alternative Closure Requirements. 40 CFR 257.103 contains the requirements that must be met by an owner or operator of a CCR unit subject to closure pursuant to 40 CFR 257.101(a), (b)(1), or (d) where the owner or operator of the CCR unit decides that the CCR unit needs to continue to receive CCR [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(10) Requirements for Recordkeeping, Notification and Posting of Information on the Internet.

(a) The recordkeeping requirements for CCR units are those specified in 40 CFR 257.105 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(b) The notification requirements for CCR units are those specified in 40 CFR 257.106 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(c) The publicly accessible internet site requirements for CCR units are those specified in 40 CFR 257.107 [as adopted by reference in subsection 62-701.804(3), F.A.C.].

(d) All documents, plans, reports, and certifications required in 40 CFR 257.105 shall be submitted to the Department per the timeframes specified in 40 CFR 257.106.

(11) CCR Permit Procedures.

(a) No person shall construct, operate, maintain, modify, conduct corrective action on, close, or perform post-closure at a CCR landfill or surface impoundment without a permit issued by the Department under this rule. This paragraph does not apply to CCR Units that have commenced closure or post-closure care before March 1, 2022 in accordance with paragraph 62-701.805(8)(g), F.A.C.

(b) CCR Permit Applications.

1. On or before the facility anniversary date and no later than one year after the effective date of this rule, owners and operators of all existing CCR units subject to Rule 62-701.804, F.A.C., are required to submit to the Department a permit application for these units. For the purposes of this subsection, the facility anniversary date shall be defined as the month and day of the most recent modification to the facility siting certification or relevant permit plus 180 days.

2. Owners and operators of new CCR units subject to Rule 62-701.804, F.A.C., must obtain a permit from the Department prior to the placement of coal combustion residual waste in the CCR unit.

3. A CCR permit application or permit renewal application shall be timely and sufficient. For existing CCR units, if the permit application is submitted on or before the anniversary date, it will be considered timely and sufficient. For CCR permit renewals, if the permit renewal application is submitted prior to 60 days before the permit expiration, it will be considered timely and sufficient. If the renewal application is submitted at a later date, it will not be considered timely and sufficient unless it is submitted and made complete prior to the expiration of the existing permit. When the application for renewal is timely and sufficient, the existing permit shall remain in effect until the renewal application has been finally acted upon by the Department or as otherwise provided in Section 120.60, F.S.

(c) CCR Permit Application Requirements: A permit application for a CCR landfill or surface impoundment shall be submitted using Form 62-701.900(37), incorporated by reference in paragraph 62-701.805(8)(b), F.A.C., as applicable.

1. All applications shall include the information in paragraphs a. through g. of this subsection:

a. A letter of application transmittal with the applicable permit fee specified in paragraph 62-701.805(12)(a), F.A.C., by check or money order, payable to the Department;

b. A detailed description of facility operations, all CCR units, and or/proposed CCR units included in the permit application;

c. A regional map or plan showing the project location in relation to major roadways and population centers, and a vicinity map or aerial photograph taken within one year preceding the application showing the facility site and relevant surface features located within 1000 feet of the facility;

d. A site plan, of a scale not greater than 200 feet to the inch, which shows the project location and identifies the existing or proposed CCR units, total acreage of the site and of the existing or proposed CCR units, and any other relevant features such as water bodies or wetlands on or within 200 feet of the site and potable water wells on or within 500 feet of the site;

e. A boundary survey, legal description, and topographic survey of the property;

f. The financial assurance documentation required by subsection 62-701.805(7), F.A.C.; and

g. Documentation required by subsections 62-701.805(1) through 62-701.805(10), F.A.C., as applicable.

2. A minimum of one electronic copy of the application, engineering plans and reports, and all supporting information for the proposed construction, substantial modification, operation, corrective action, closure, or post-closure care of a CCR unit shall be provided to the Department. The Department shall excuse the applicant from the requirements to submit an application electronically when the applicant files a request with the Department requesting to be excused from the electronic submission requirements due to technological hardship. If an applicant is excused from submitting an application electronically, then the applicant shall submit at least one paper copy of the entire application to the Department.

(d) Engineer of Record and Professional Certification: All engineering plans, reports, and information supporting the application shall be compiled by the engineer of record who shall be responsible for assurance that all technical components have been prepared under the direction and supervision and signed and sealed by the professional registered in Florida in each contributing technical discipline. The engineer of record’s signature and seal on the application shall assure that all appropriate technical professional disciplines have been employed in development of the application. The application shall provide that the engineer of record, or another qualified professional working under the supervision of the engineer of record, shall make periodic inspections during construction of the facility to ensure that design integrity is maintained.

(e) Identification Number. The Department shall assign an identification number to each facility that receives a permit for a CCR unit. The number shall be unique to that facility and shall remain assigned to that facility at all times. The identification number shall be used on all correspondence and records related to that facility.

(12) CCR Permit Application Fees and Terms.

(a) The following fees shall apply to permit applications for CCR landfills and surface impoundments.

1. Construction permit for each CCR landfill or surface impoundment, five-year term $10,000.00

2. Operation permit for each CCR landfill or surface impoundment, five-year term $10,000.00

3. Closure permit for each CCR landfill or surface impoundment, five-year term $ 7,500.00

(b) Fees for CCR permit modifications are the same as those in subsection 62-701.320(4), F.A.C.

(c) A CCR unit permit shall be issued for a period of up to five years, or for a period of up to ten years for a CCR landfill or surface impoundment that meets the following requirements:

1. The applicant has conducted the regulated activity at the same site for which the renewal is sought for at least 4 years and 6 months before the date that the permit application is received by the Department; and

2. At the time of applying for the renewal permit:

a. The applicant is not subject to a notice of violation, consent order, or administrative order issued by the Department for violation of an applicable law or rule;

b. The applicant is not required to implement assessment monitoring corrective actions in accordance with applicable Department rules; and

c. The applicant is in compliance with the applicable financial assurance requirements.

(d) Fees for permits to construct, operate, or close that are issued for periods longer than five years shall be calculated as follows: the fee listed in this section plus 20 percent of the fee listed in this section for each year over five years for which a permit is sought.

(13) CCR Permit Application Notice, Processing, Permit Issuance, Modification, and Renewal Procedures

(a) An applicant for a permit to construct, intermediately modify, or substantially modify a CCR unit shall publish and provide proof of publication to the Department of a notice of application in a newspaper of general circulation in the area where the facility will be located. This notice shall conform to the requirements of subsections 62-110.106(5) and 62-110.106(6), F.A.C., except that the notice shall be published within 14 days of submittal of a permit application to the Department.

(b) CCR permit applications shall be processed in accordance with the requirements in Rule 62-4.055, F.A.C.

(c) CCR permits shall be issued in accordance with the requirements in Rule 62-4.070, and subsection 62-701.320(3), F.A.C.

(d) Once an application to construct, operate, renew, intermediately or substantially modify, conduct corrective action on, close, or perform post-closure for a CCR unit is complete, the Department shall prepare a draft permit or intent to deny the permit. All draft permits prepared by the Department under this section shall be publicly noticed, made available for public comment, and give notice of an opportunity for a public meeting. The applicant shall publish and provide proof of publication to the Department of the draft permit notice in a newspaper of general circulation in the area where the facility is located and the applicant’s publicly accessible CCR internet website. The public notice requirements for draft CCR permits issued by the Department are specified in subsections 62-110.106(5), 62-110.106(7), and 62-110.106(12), F.A.C.

1. Public notice of the preparation of the draft permit shall allow at least 30 days for public comment. During the public comment period any interested person may submit written comments on the draft permit and may request a public meeting, if no meeting has been scheduled. A request for public meeting shall be in writing and shall state the nature of the issues proposed to be raised in the meeting. All comments shall be considered by the Department in making the final decision.

2. All public notices issued under this section are prepared by the Department and shall at minimum contain the following information:

a. Name and address of the office processing the permit action for which the notice is being given;

b. Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

c. A brief description of the business conducted at the facility or activity described in the permit application or draft permit;

d. Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit and the application; and

e. A brief description of the comment procedures and the time and place of any public meeting that will be held, including a statement of procedures to request a meeting (unless a meeting has already been scheduled) and other procedures by which the public may participate in the final permit decision.

f. Any additional information considered necessary to fulfill the purpose of the notice.

3. Public notice of a public meeting shall be given at least 14 days before the meeting. Public notice of the meeting may be given at the same time as public notice of the draft permit, or the two notices may be combined.

a. The Department shall hold a public meeting in the area where the CCR Unit is located whenever it finds, on the basis of requests, a significant degree of public interest in a draft permit.

b. In addition to the general public notice described in paragraph 62-701.805(13)(d), F.A.C., the public notice of a meeting shall contain the following:

I. Reference to the date of any previous public notices relating to the permit;

II. Date, time, and place of the meeting; and

III. A brief description of the nature and purpose of the meeting, including the applicable rules and procedures.

(e) After the conclusion of the public comment period described in subparagraph 62-701.805(13)(d)1., F.A.C., a public meeting (if any) described in subparagraph 62-701.805(13)(d)2., F.A.C., and after all comments have been considered, the Department shall make a final decision on the permit application. The applicant shall publish public notice of the final agency action including the availability of an administrative hearing under Sections 120.569 and 120.57, F.S., in a newspaper of general circulation in the area where the facility is located and publish the notice on the applicant’s publicly accessible CCR internet website. The public notice requirements for final CCR permits issued by the Department are specified in subsections 62-110.106(5), 62-110.106(7), and 62-110.106(12), F.A.C.

(f) Modifications of Coal Combustion Residual Unit Permits.

1. Permits for CCR units shall be modified in accordance with the requirements of Rule 62-4.080, F.A.C.

2. A modification which does not require substantial technical evaluation by the Department, does not require a new site inspection by the Department, and is not expected to lead to substantially different environmental impacts or will lessen the impacts of the original permit is considered a minor modification, the fee for which is set forth in paragraph 62-4.050(4)(s), F.A.C.

3. A modification which is reasonably expected to lead to substantially different environmental impacts which require a detailed review by the Department is considered a substantial modification, the fee for which is set forth in subsection 62-4.050(7), F.A.C.

4. A modification which is reasonably expected to lead to substantially different environmental impacts, but which requires a less detailed review than does a substantial modification, is considered an intermediate modification, the fee for which is one-half of that required for a substantial modification.

5. The public notice requirements for CCR permits modified by the Department are specified in subsections 62-110.106(5), 62-110.106(6), 62-110.106(7), and 62-110.106(12), F.A.C.

(g) Coal Combustion Residual Unit Permit Renewals

1. A renewal application shall be timely and sufficient. If the renewal application is submitted prior to sixty days before expiration of the existing permit, it will be considered timely and sufficient. If the renewal application is submitted at a later date, it will not be considered timely and sufficient unless it is submitted and made complete prior to the expiration of the existing permit. When the application for renewal is timely and sufficient, the existing permit shall remain in effect until the renewal application has been finally acted upon by the Department or as otherwise provided in Section 120.60, F.S.

2. Applicants for permit renewal shall demonstrate how they will comply with any applicable new or revised laws or rules relating to construction, operation, or closure of CCR units. Closure plans shall be updated at least once every five years to reflect changes in closure design, long-term care requirements, and financial assurance requirements.

3. Facility information that was submitted to the Department to support the expiring permit, and which is still valid, does not need to be resubmitted for permit renewal. The permit renewal application shall list and reaffirm that the information is still valid.

(h) CCR Unit Permit Transfers.

1. Any person wishing to transfer a CCR unit permit shall submit such a request using Form 62-701.900(8), Permit Transfer Form, incorporated by reference in paragraph 62-701.320(11)(a), F.A.C. The form must be completed with the signatures of both the permittee and the proposed new permittee and submitted to the Department’s Solid Waste Section in Tallahassee.

2. A transfer of permit is required upon the sale or transfer of a facility. A transfer of permit is also required if a new or different person takes ownership or control of the facility. A transfer of permit is not required if the facility simply changes its name, although the permittee must notify the Department of such a change using Form 62-701.900(8). A transfer of permit is also not required solely as a result of the sale of stock or assets or a change of operating personnel, as long as ownership or control of the facility has not changed. A permittee may apply for a permit transfer prior to the sale or change of control of the facility, but the permit transfer shall not be effective prior to the sale or change of control.

3. The proposed new permittee shall provide reasonable assurance that it has the ability to comply with the conditions of the existing permit, that it either owns the property or has legal authorization from the property owner to use the site, and that it meets any financial assurance requirements of the permit or applicable rules.

4. Within 30 days of receipt of an application for permit transfer, the Department shall request additional information if the application is not complete. Within 30 days of receipt of a complete application, the Department shall either approve or deny the permit transfer. The Department’s determination shall be based solely on its evaluation of the requirements in subparagraphs 1. through 3. above. If the Department fails to take action to approve or deny the transfer within 30 days of receipt of a complete application, the transfer shall be deemed approved.

5. Until this transfer is approved by the Department, the permittee and any other person constructing, operating, or maintaining the permitted facility shall be liable for compliance with the terms of the permit. The permittee seeking to transfer the permit shall remain liable for corrective actions that may be required as a result of any violations occurring prior to the sale or legal transfer of the facility. If the existing permittee is under a continuing obligation to perform corrective actions as a result of a Department enforcement action or consent order, the permit may not be transferred until the proposed new permittee agrees in writing to accept responsibility for performing such corrective actions.

6. If financial assurance for closure is required for the permit being transferred, the existing permittee shall maintain that financial assurance until the Department approval of the transfer is final. The proposed new permittee shall also provide financial assurance before the transfer is approved by the Department.

History

• Rulemaking Authority 403.061, 403.704, 403.707, 403.7125 FS. Law Implemented 403.702, 403.703, 403.704, 403.707, 403.7125 FS. History‒New 3-9-22, Amended 8-16-22.

Fla. Admin. Code R. 62-701.900 Forms

The forms used by the Department in the solid waste management program are adopted and incorporated by reference elsewhere in this chapter. The following list of forms is provided solely for convenience. Some of the form numbers may not be consecutive due to repeal or transfer of earlier forms. Copies of forms may be obtained from a local District Office or by writing to the Florida Department of Environmental Protection, Solid Waste Section, Mail Station #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-701.htm.

(1) Form 62-701.900(1), Application to Construct, Operate, Modify, or Close a Solid Waste Management Facility, effective February 15, 2015.

(2) Form 62-701.900(2), Certification of Construction Completion of a Solid Waste Management Facility, effective May 19, 1994.

(3) Form 62-701.900(3), Notification of Intent to Use a General Permit for a Yard Trash Disposal Facility, effective February 15, 2015.

(4) Form 62-701.900(4), Application to Construct, Operate, or Modify a Waste Processing Facility, effective February 15, 2015.

(5) Form 62-701.900(5), Financial Mechanisms for Solid Waste Management Facilities Requiring Closure and/or Corrective Action, effective February 15, 2015.

(a) Solid Waste Facility Irrevocable Letter of Credit.

(b) Solid Waste Facility Financial Guarantee Bond.

(c) Solid Waste Facility Performance Bond.

(d) Solid Waste Facility Insurance Certificate.

(e) Solid Waste Facility Financial Test.

(f) Solid Waste Facility Corporate Guarantee.

(g) Solid Waste Facility Trust Fund Agreement.

(h) Solid Waste Facility Standby Trust Fund Agreement.

(6) Form 62-701.900(6), Application to Construct, Operate, or Modify a Construction and Demolition Debris Disposal or Disposal with Recycling Facility, effective February 15, 2015.

(7) Form 62-701.900(7), Annual Report for a Construction and Demolition Debris Facility, effective January 6, 2010.

(8) Form 62-701.900(8), Permit Transfer Form, effective February 15, 2015.

(9) Form 62-701.900(9), Application for Preliminary Examination and Final Examination and Certification of Resource Recovery Equipment, effective November 15, 2009.

(10) Form 62-701.900(18), Waste Tire Collector Registration Application, effective January 6, 2010.

(11) Form 62-701.900(19), Waste Tire General Permit Application, effective January 6, 2010.

(12) Form 62-701.900(20), Waste Tire Site Notification, effective January 6, 2010.

(13) Form 62-701.900(21), Waste Tire Processing Facility Quarterly Report, effective January 6, 2010.

(14) Form 62-701.900(22), Waste Tire Collector Annual Report, effective January 6, 2010.

(15) Form 62-701.900(23), Waste Tire Processing Facility Permit Application, effective January 6, 2010.

(16) Form 62-701.900(24), Waste Tire Small Processing Facility Permit Application, effective January 6, 2010.

(17) Form 62-701.900(25), Waste Tire Collection Center Permit Application, effective January 6, 2010.

(18) Form 62-701.900(26), Application for Recovered Materials Certification, effective January 6, 2010.

(19) Form 62-701.900(27), Reporting Form for Recovered Materials, effective January 6, 2010.

(20) Form 62-701.900(28), Closure Cost Estimating Form For Solid Waste Facilities, effective January 6, 2010.

(21) Form 62-701.900(30), Monitoring Well Completion Report, effective January 6, 2010.

(22) Form 62-701.900(31), Water Quality Monitoring Certification, effective January 6, 2010.

(23) Form 62-701.900(32), Application for a Permit to Construct and Operate a Research, Development and Demonstration Facility, effective January 6, 2010.

(24) Form 62-701.900(34), Notification of Intent to Use a General Permit for an Indoor Waste Processing Facility, effective August, 2012.

(25) Form 62-701.900(35), Notification of Container-to-Container Waste Transfer Facility, effective August, 2012.

(26) Form 62-701.900(36), Certification of Economic Feasibility to Process C&D Debris Prior to Disposal, effective March 13, 2016.

(27) Form 62-701.900(37), Application to Construct, Operate, Modify, or Close a Coal Combustion Residuals (CCR) Unit or Units, effective July 2022.

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.707 FS. History–New 8-2-89, Amended 1-6-93, 5-19-94, Formerly 17-701.900, Amended 12-23-96, 4-23-97, 5-27-01, 1-6-10, 8-12-12, 2-15-15, 3-13-16, 3-9-22, 8-16-22.

Chapter 62-702 SOLID WASTE COMBUSTOR ASH MANAGEMENT

Fla. Admin. Code R. 62-702.300 Applicability

History

• Rulemaking Authority 403.704, 403.7045 FS. Law Implemented 403.7045 FS. History–New 7-19-90, Formerly 17-702.300, Repealed 2-26-12.

Fla. Admin. Code R. 62-702.400 Ash Residue Management Plan

History

• Rulemaking Authority 403.704, 403.7045 FS. Law Implemented 403.7045 FS. History–New 7-19-90, Amended 9-2-91, Formerly 17-702.400, Repealed 2-26-12.

Fla. Admin. Code R. 62-702.570 Ash Residue Storage and Disposal Requirements

History

• Rulemaking Authority 403.704, 403.7045 FS. Law Implemented 403.7045 FS. History–New 7-19-90, Formerly 17-702.570, Amended 12-23-96, Repealed 2-26-12.

Fla. Admin. Code R. 62-702.600 Recycling of Ash Residue

History

• Rulemaking Authority 403.704, 403.7045 FS. Law Implemented 403.7045 FS. History–New 7-19-90, Formerly 17-702.600, Repealed 2-26-12.

Chapter 62-704 CERTIFICATION OF RESOURCE RECOVERY EQUIPMENT

Fla. Admin. Code R. 62-704.400 Procedure for the Preliminary Examination of Resource Recovery Equipment

When tax may become or has become due pursuant to Chapter 212, F.S., on equipment that may be resource recovery equipment, and such equipment is not available for inspection by the Department, the prospective purchaser or purchaser of such equipment may apply to the Department for a preliminary examination report based on a review of plans, specifications, equipment lists, and other descriptions in the application. The preliminary examination report of proposed resource recovery equipment may be considered by the Department of Revenue as a prerequisite for delay of tax due on such equipment as indicated in rules promulgated by the Department of Revenue. The Department shall use the following procedure when preliminarily examining resource recovery equipment:

(1) Application for preliminary examination of resource recovery equipment shall be submitted to the Department on Form 62-701.900(9), Application for Preliminary Examination, Final Examination and Certification of Resource Recovery Equipment, effective date 11-15-09, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. All supporting documentation shall be submitted with the application. The application shall include the following information:

(a) Identity of the applicant and facility;

(b) Identity of the county or municipality that will eventually own or exclusively benefit from the resource recovery equipment;

(c) A list and brief description of resource recovery equipment and the estimated cost thereof that the applicant declares is subject to this exemption;

(d) Plans or other descriptions of the resource recovery facility or project for which the resource recovery equipment is to be used. The application will not be complete until these plans or descriptions are of sufficient detail to indicate how the proposed resource recovery equipment is to be integrated into this facility or project; and,

(e) A description of the resource recovery process and how the resource recovery equipment is integrated into the process.

(2) An application for preliminary examination of resource recovery equipment that includes only recycling equipment may include equipment appearing on the list in Rule 62-704.600, F.A.C.

(a) For equipment appearing on the list in Rule 62-704.600, F.A.C., certification by the purchaser that the equipment meets the criteria in Rule 62-704.420, F.A.C., shall be included in the application.

(b) For equipment not appearing on the list in Rule 62-704.600, F.A.C., or for listed equipment that has auxiliary equipment also being certified as recycling equipment, certification by a Professional Engineer that the equipment meets the requirements in Rule 62-704.420, F.A.C., shall be included in the application.

(3) To provide the certification required in this subsection for preliminary examination of resource recovery equipment that is recycling equipment, a Professional Engineer shall examine the plans, drawings, and descriptions of the facility and process, and the attached equipment list. The Professional Engineer shall certify that the equipment is:

(a) Integral to the recycling process; and,

(b) Owned and operated by or exclusively on behalf of a unit of local government.

(4) The Department shall issue a written report specifying which equipment on the application may be resource recovery equipment. This report shall be issued within 30 days of receipt of a properly completed application. Copies of the preliminary examination report shall be sent to the applicant and the Department of Revenue.

(5) The results of the preliminary examination shall not preclude granting or denying certification following final examination for the same equipment pursuant to Rule 62-704.410, F.A.C. A preliminary examination is not required to obtain certification.

History

• Rulemaking Authority 403.704 FS. Law Implemented 212.08(7)(q), 403.715 FS. History–New 5-24-79, Formerly 17-7.42, 17-7.420, Amended 8-14-90, Formerly 17-704.400, Amended 12-17-96, 11-15-09.

Fla. Admin. Code R. 62-704.410 Procedure for the Final Examination and Certification of Resource Recovery Equipment

Final examination and certification of resource recovery equipment shall be a requirement for sales tax exemptions as indicated in Section 212.08(7)(q), F.S. The Department shall use the following procedure in granting or denying certification of resource recovery equipment:

(1) After the equipment is installed, an application for final examination and certification of resource recovery equipment shall be submitted to the Department on Form 62-701.900(9). The application shall include the information required for preliminary examination in subsection 62-704.400(1), F.A.C., and the Department shall request additional information if required for proper completion of the application. If the applicant has previously submitted the required information on a preliminary examination application form, then an updated copy of that preliminary examination application form shall satisfy this requirement.

(2) An application for final examination and certification of resource recovery equipment that includes only recycling equipment may or may not include equipment appearing on the list in Rule 62-704.600, F.A.C.

(a) For equipment appearing on the list in Rule 62-704.600, F.A.C., the purchaser shall include with the application a certification that:

1. The equipment meets the criteria in Rule 62-704.420, F.A.C.; and,

2. The listed equipment is installed and operational.

(b) For equipment not appearing on the list in Rule 62-704.600, F.A.C., or for listed equipment that has auxiliary equipment also being certified as recycling equipment, the application shall include a certification by a Professional Engineer that:

1. The equipment meets the criteria in Rule 62-704.420, F.A.C.; and,

2. The equipment is installed and operational.

(c) If the applicant has previously submitted the required information on a preliminary examination application form, then an updated copy of that preliminary examination application form shall satisfy this requirement.

(3) To provide the certification required in this subsection for final examination and certification of resource recovery equipment, that is recycling equipment, a Professional Engineer shall examine the plans, drawings, and descriptions of the facility and process and the attached equipment list. The Professional Engineer shall inspect the installed equipment. The Professional Engineer shall certify that the equipment is:

(a) Integral to the recycling process;

(b) Owned and operated by or on behalf of a unit of local government; and,

(c) Installed and operational.

(4) When the proposed resource recovery equipment is installed, a representative of the Department shall inspect the equipment within thirty (30) days of receipt of a properly completed application. However, the Department shall accept certification of equipment and installation specified in subsection (2), of this rule, in lieu of inspecting such recycling equipment when the Department finds that such certification is sufficient to determine that the recycling equipment meets the criteria of this rule.

(5) Within thirty (30) days of such inspection or receipt of a complete and sufficient certification of equipment and installation as specified in subsection (2), of this rule, the Department shall issue a written decision granting or denying certification. A copy of the certification shall be sent to the Department of Revenue and the Applicant.

History

• Rulemaking Authority 403.704 FS. Law Implemented 212.08(7)(q), 403.715 FS. History–New 5-24-79, Formerly 17-7.43, 17-7.430, Amended 8-14-90, Formerly 17-704.410, Amended 12-17-96, 11-15-09.

Fla. Admin. Code R. 62-704.420 Criteria for Preliminary Examination and Certification of Resource Recovery Equipment

The Department shall use the following criteria when determining whether equipment shall be certified as resource recovery equipment.

(1) Resource recovery equipment includes all equipment or machinery exclusively and integrally used in the actual process of recovering material or energy resources from solid waste. Resource recovery equipment does not include:

(a) An article of equipment being used for purposes other than resource recovery, even though such equipment is also used in the resource recovery process.

(b) Land or buildings. A building includes the walls, roof, ceiling, floor, and all other necessary supporting structures to enclose an area. However, extraordinary foundations and structural members used exclusively for the support of resource recovery equipment shall be considered resource recovery equipment. Buildings or structures that are integral to the process shall be considered resource recovery equipment if they:

1. Function as pollution control equipment as required by any Federal or State regulations, or

2. Are used for storage of waste or processed material in lieu of the use of storage equipment such as tanks, silos, or bins.

(c) Equipment used to transport materials or energy resources recovered from solid waste from the site where the recovery process takes place.

Energy resources recovered from solid wastes may include refuse-derived fuel, gas or liquid fuel derived from solid waste, heat or steam derived from solid waste or electricity derived from solid waste.

(2) Resource recovery equipment shall be unit that by itself provides a significant function in the resource recovery process. Examples of such equipment include conveyors, pumps, and fans. The Department shall not certify spare parts or maintenance items of resource recovery or recycling equipment such as nuts, bolts, and drive belts.

(3) Resource recovery equipment may include fixed pieces of equipment exclusively and integrally used in the actual process of recovering material or energy resources from solid waste. Examples of such equipment include bridge cranes and fixed storage bins.

(4) Resource recovery equipment need not be specifically designed for the resource recovery or recycling process.

History

• Rulemaking Authority 403.704 FS. Law Implemented 212.08(7)(q), 403.715 FS. History–New 5-24-79, Formerly 17-7.44, 17-7.440, Amended 8-14-90, Formerly 17-704.420, Amended 11-15-09.

Fla. Admin. Code R. 62-704.600 Recycling Equipment List

Recycling equipment that appears on the list below is considered to be recycling equipment and shall be certified by the Department as recycling equipment if other requirements for equipment eligibility, pursuant to Rule 62-704.420, F.A.C., are satisfied.

(1) Preparation equipment which is used for reducing the size of recyclable materials for further processing:

(a) Baling presses and tying equipment;

(b) Crushers, flatteners and densifiers;

(c) Cutters and shears;

(d) Granulators;

(e) Roll splitters, or

(f) Shredders, flail mills, and hammer mills.

(2) Separation equipment or machinery that is used for removing contaminants from recyclable materials:

(a) Air classifiers;

(b) Trommels and screens;

(c) Heavy media separators;

(d) Magnetic separators, or

(e) Glass beneficiation equipment.

(3) Materials handling equipment that is exclusively used to move recyclable materials to or from other recycling equipment within the recycling facility or plant site:

(a) Cranes equipped with electromagnets or grapples;

(b) Conveyor belts;

(c) Skid steer loaders, or

(d) Front end loaders.

(4) Materials handling equipment that is used exclusively to transfer or transport recyclable materials from the point of generation to the recycling facility:

(a) Trucks delivered with specially designed recycling bodies;

(b) Carts specially designed to store recyclables prior to transfer to a recyclable collection vehicle; and,

(c) Bins specially designed to store recyclables prior to transfer to a recyclable collection vehicle.

History

• Rulemaking Authority 403.704 FS. Law Implemented 212.08(7)(q), 403.715 FS. History–New 8-14-90, Formerly 17-704.600, Amended 11-15-09.

Chapter 62-705 GREASE WASTE REMOVAL AND DISPOSAL

Fla. Admin. Code R. 62-705.200 Definitions

All words and phrases defined in Sections 403.0741, and 403.703, Florida Statutes (F.S.), have the same meaning when used in this chapter unless specifically stated otherwise in the chapter. See Sections 403.0741, and 403.703, F.S., for definitions of the following terms: “Closure,” “County,” “Department,” “Grease interceptor or grease trap,” “Grease waste,” “Operation,” “Originator,” “Person,” “Processing,” “Recycling,” “Service manifest,” “Solid waste,” “Solid waste management facility.” The following words and phrases used in this chapter shall have the following meaning:

(1) “Clean” means the removal of grease waste from a grease trap or grease interceptor so it remains in service and in good working order.

(2) “Disposal” means the discharge or transfer of grease waste to a permitted or certified waste management facility that is authorized to receive grease waste for final disposition.

(3) “Disposal facility” means a permitted or certified waste management facility that is authorized to receive grease waste for disposal, processing, or recycling.

(4) “Hauler” means a person who removes and transports grease waste for disposal, processing, or recycling.

(5) “Inspecting entity” means any political subdivision of the state, including any state agency, department, county, municipality, special district, utility authority, or other authority or instrumentality, agency, unit, or department thereof with authority to inspect originator grease interceptors or grease traps, or haulers.

(6) “Self-cleaner” means an originator who removes grease waste from a grease trap that has a storage capacity of 55 gallons or less and that is located at their establishment, who subsequently dewaters the grease waste, places the grease waste into a container, and transports the grease waste for disposal at a permitted solid waste management facility authorized to accept grease waste or a certified grease waste disposal facility.

History

• Rulemaking Authority 403.0741 FS. Law Implemented 403.031, 403.0741, 403.703 FS. History – New 12-7-25.

Fla. Admin. Code R. 62-705.300 Grease Waste Hauler Requirements

(1) The licensure requirements of this section apply to haulers, as defined in subsection 62-705.200(4), F.A.C. The licensure requirements of subsection 62-705.300(2), F.A.C., do not apply to self-cleaners as defined in subsection 62-705.200(6), F.A.C. Self-cleaners are still required to comply with all other applicable requirements of this rule and all applicable statutory provisions contained in section 403.0741, F.S.

(2) A hauler shall submit an application using Form 62-705.300(2) Application for Grease Waste Hauler License, effective date December 2025, hereby adopted and incorporated by reference, to obtain or renew a hauler license to remove grease waste. Copies of this form can be obtained from the Department’s website or by contacting the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400, or the form can be obtained at http://flrules.org/Gateway/reference.asp?No=Ref-18593. Upon receipt of a complete and accurate form, the Department shall issue to each hauler a license which shall be valid until April 1 of the following year. Existing haulers must submit an Application for Grease Waste Hauler License within 180 days from the effective date of this rule. Haulers must submit a renewal Application for Grease Waste Hauler License by March 1 annually. A new hauler shall submit an Application for Grease Waste Hauler License at least 30 days before the hauler intends to begin removal of grease waste.

(3) A hauler must document the removal and disposal of grease waste using Form 62-705.300(3) Grease Waste Service Manifest (Service Manifest), effective date December 2025, hereby adopted and incorporated by reference. Copies of this form are available via http://flrules.org/Gateway/reference.asp?No=Ref-18594 or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/grease-waste.

(4) Any hauler engaged in collection and removal of grease waste must list the hauler license number obtained from the Department on the Service Manifest form incorporated by reference in subsection 62-705.300(3), F.A.C.

(5) A hauler must retain a copy of each completed Service Manifest at the hauler’s place of business in an electronic format or hardcopy for one year from the date of disposal. The Service Manifest must be available for inspection by the Department or inspecting entity during normal business hours. If records are not available at the hauler’s place of business at the time of the inspection, the Service Manifests must be made available to the Department or inspecting entity within five business days of the request for production of the Service Manifests.

(6) An inspecting entity inspecting a grease interceptor or grease trap is authorized to impose an administrative fine not to exceed $250 for each failure to clean a grease interceptor or grease trap pursuant to Section 403.0741(5)(a)2., F.S.

(7) A licensed hauler who fails to comply with this rule is subject to having their grease waste hauler license denied, suspended, or revoked, as well as other penalties provided by state law or county/city ordinances, as provided for in Section 403.0741(5), F.S.

History

• Rulemaking Authority 403.0741 FS. Law Implemented 403.0741 FS. History – New 12-7-25.

Fla. Admin. Code R. 62-705.400 Procedures for Disposal Facility Certification

(1) Applicability.

(a) No person shall construct or operate a grease waste disposal facility without a valid permit or certification issued by the Department.

(b) Existing disposal facilities that are operating without a valid permit or certification issued by the Department must apply for certification to the Department within one year of the effective date of this rule.

(c) Disposal facilities that are constructed and operated under a valid permit issued pursuant to Chapters 62-701, 62-620, or 62-640, F.A.C., are not required to obtain a separate disposal facility certification under this chapter if the storage, processing, or disposal of grease waste is addressed or authorized by the disposal facility’s existing permit.

(2) Certification. Applications for certification must be submitted on Form 62-705.400(2) Application for Certification of a Grease Waste Disposal Facility, effective December 2025, hereby adopted and incorporated by reference. Copies of this form can be obtained from the Department’s website or by contacting the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida, 32399-2400, or the form can be obtained at http://flrules.org/Gateway/reference.asp?No=Ref-18595. The certification application must include the following:

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

(b) A site plan, signed and sealed by a professional engineer licensed under Chapter 471, F.S., with a scale not greater than 200 feet to the inch that shows the total acreage and location of the disposal facility; identifies the size and location of the proposed processing, storage, and disposal areas; any surface water bodies or wetlands on or within 200 feet of the site; and any potable water wells on or within 500 feet of the site.

(c) A description of the disposal facility operations that includes:

1. A list of all types of materials and wastes that are managed or processed at the disposal facility;

2. The expected daily average and maximum volumes of grease waste to be managed;

3. How the grease waste will be processed, managed, stored, and disposed;

4. A list of equipment that will be used to process, manage, and store the grease waste. As applicable, the list must include details about grease waste storage tank volume and construction material (e.g., fiberglass, steel, etc.);

5. The maximum time grease waste will be stored at the disposal facility;

6. The maximum amount of grease waste that will be stored at the disposal facility at any one time; and

7. A contingency plan that meets the requirements of subsection 62-705.400(9), F.A.C.

(d) A closure plan describing how the disposal facility will be closed, including the expected disposition of all portions of grease waste after processing.

(e) Documentation that the applicant either owns the land or has legal authorization from the property owner to use the site for a disposal facility.

(3) If the Department determines that the information received pursuant to subsection (2) is accurate and complete and meets the requirements of this rule, the Department will issue a certification to the applicant that will include the following information:

(a) The certified disposal facility’s address and phone number; and

(b) The applicant’s name, mailing address and phone number.

(4) Certifications are valid for three years from the date of issuance unless suspended or revoked by the Department in accordance with Section 403.087, F.S.

(5) A disposal facility owner or operator must renew their grease waste disposal facility certification using Form 62-705.400(2) Application for Certification of a Grease Waste Disposal Facility [incorporated by reference in subsection 62-705.400(2), F.A.C.]. A renewal application will be considered timely and sufficient if it is submitted prior to sixty days before expiration of the existing certification.

(6) A certification issued under this chapter is considered a license for purposes of Sections 120.60 and 403.707, F.S. The license and permit revocation provisions of Rule 62-4.100, F.A.C., and Sections 403.087, and 120.60, F.S., apply to certifications issued under this chapter.

(7) General Provisions. Except where expressly indicated otherwise, the general provisions relating to solid waste management found in Chapter 62-701, F.A.C., apply to disposal facilities certified pursuant to this rule.

(8) Operational Requirements.

(a) Disposal facility personnel shall be present during operational hours when grease waste is received.

(b) The disposal facility shall cease acceptance of grease waste if the disposal facility has reached its maximum storage capacity for grease waste. The disposal facility may only resume acceptance of grease waste once sufficient storage capacity for grease waste is restored.

(c) Disposal facility personnel shall not mix incoming grease waste intended for “disposal,” as defined in Section 403.703(9), F.S., with grease waste intended for “recycling,” as defined in Section 403.703(31), F.S.

(d) The disposal facility shall complete the “disposal,” as defined in Section 403.703(9), F.S., “processing,” as defined in 403.703(25), F.S., or “recycling,” as defined in Section 403.703(31), F.S., of grease waste within six months from the date of the facility’s receipt of the grease waste, unless an alternative timeframe for disposal, processing, or recycling is authorized by the Department by the disposal facility’s permit, certification, or approved alternate procedure issued pursuant to Rule 62-701.310, F.A.C.

(e) The disposal facility shall be operated in a manner to control vectors, as defined in Rule 62-701.200, F.A.C.

(f) The disposal facility shall be operated in a manner to minimize objectionable odors in accordance with subsection 62-296.320(2), F.A.C.

(9) Every certified disposal facility shall have, as part of its operation plan, a contingency plan that covers operational interruptions and emergencies such as fires, explosions, or natural disasters. The facility shall keep the contingency plan at the facility at all times and shall be accessible to facility operators.

(a) The contingency plan shall include:

1. The designation of person(s) responsible for implementation of the contingency plan;

2. Procedures to notify the Department, the local government, the local fire protection agency, and any other appropriate emergency response agency;

3. A description of emergency procedures the facility must follow that includes the location of firefighting equipment and instructions how to use said equipment;

4. Provisions for the immediate shutting down of those parts of the facility affected by the emergency and facility notification to customers of the closure of the facility; and

5. Procedures to notify neighbors and local government officials of the potential impacts of the emergency and how those impacts can be minimized.

(b) Every certified disposal facility shall have:

1. Sufficient equipment to implement the contingency plan;

2. Sufficient reserve equipment or an arrangement to obtain additional equipment within 24 hours of equipment breakdown;

3. Communications equipment for emergency and routine communications; and

4. Adequate fire protection and fire-fighting capabilities to control accidental combustion of grease waste at the facility. Fire protection includes procedures for notification to local fire protection agencies for assistance in emergencies.

(c) The disposal facility shall undertake all reasonable efforts to immediately extinguish or control a fire at the facility. If the fire cannot be extinguished or controlled within an hour, the owner or operator of the disposal facility shall immediately:

1. Implement the contingency plan;

2. Cease accepting waste for disposal in those areas of the facility impacted by the fire;

3. Notify the Department and the local government(s) having jurisdiction over the facility of the fire; and

4. Provide the fire control plan being implemented by the owner or operator to the Department and the local government(s) having jurisdiction over the facility.

(d) The owner or operator of the grease waste disposal facility shall notify the local fire protection agency and seek its assistance and shall also notify the local government and any neighbors likely to be affected by the fire if the fire cannot be extinguished or controlled within 48 hours.

(e) The disposal facility is responsible for the operation and maintenance of grease waste storage tanks as designed for the service life of the tanks.

1. The disposal facility must inspect the interior of the tanks whenever the tank is drained or every three years. If the inspection reveals a tank or equipment deficiency, leak, or other deficiency which could result in failure of the tank to contain the grease waste, remedial measures shall be taken immediately to eliminate the leak or correct the deficiency. If the tank cannot be repaired or the deficiency corrected, the grease waste disposal facility must remove the tank from service and no longer store grease waste in the tank.

2. The exposed exterior of grease waste storage tanks and related equipment shall be inspected weekly by disposal facility personnel for tank integrity, leaks, corrosion, and maintenance deficiencies.

(10) Recordkeeping and Reporting.

(a) The disposal facility shall maintain monthly records of the volume of grease waste received, that includes the originator, county of origin, and the final disposition of that grease waste. The disposal facility must maintain these monthly records for three years. The volume of grease waste contained in the monthly reports must be recorded in gallons. Existing facilities who file an application for certification under paragraph 62-705.400(1)(b), F.A.C., shall include a summary of grease waste onsite at the time of the facility’s initial submission of an application for certification.

(b) The disposal facility shall maintain interior and exterior tank inspection reports. The disposal facility shall provide any inspection reports to the Department upon request for the service life of the tank.

(11) Closure Requirements.

(a) The owner or operator of the certified disposal facility must notify the Department in writing thirty days prior to ceasing operations and must specify a closing date to the address provided in subsection 62-705.400(2), F.A.C., or the local District Office. The disposal facility shall not receive or accept any grease waste after the closing date.

(b) Within thirty days after receiving the final grease waste load, the disposal facility owner or operator shall remove or otherwise dispose of all grease waste in accordance with the disposal facility’s approved closure plan.

History

• Rulemaking Authority 403.0741, 403.707 FS. Law Implemented 403.0741, 403.087, 403.707 FS. History – New 12-7-25.

Chapter 62-708 FULL COST ACCOUNTING FOR SOLID WASTE MANAGEMENT

Fla. Admin. Code R. 62-708.100 Intent

History

• Rulemaking Authority 403.061, 403.704, 403.7049 FS. Law Implemented 403.7049 FS. History–New 12-19-89, Formerly 17-708.100, Repealed 2-16-12.

Fla. Admin. Code R. 62-708.200 Definitions

The definitions in Rule 62-701.020, F.A.C., are incorporated herein. In addition, the following words or phrases as used in this rule, unless the context clearly indicates otherwise, have the following meanings:

(1) “Contract” means a written agreement including a franchise agreement or other legally binding arrangement, between a county or municipality and a person providing solid waste management services within a county’s or municipality’s service area, pursuant to which a county or municipality either provides the revenue paid to an outside contractor or regulates the rates charged by an outside contractor for providing solid waste management services within its service area.

(2) “County” means a political subdivision of the state established pursuant to s. 1, Article VIII of the State Constitution, and for purposes of this rule includes a special district or other entity which has been granted the power to manage solid waste by special act or interlocal agreement.

(3) “Department” means the Department of Environmental Protection.

(4) “Direct costs” means those expenses which are directly attributable to the provision of solid waste management services that would be eliminated if the services were discontinued.

(5) “Full cost” means the rate charged by the local government to the end user for solid waste management services plus any other direct, indirect or outside contractor costs associated with solid waste management services.

(6) “Indirect costs” means those costs resulting from support or staff services provided by one governmental department to other departments or service providers. Indirect costs may include, but are not limited to, administration, accounting, personnel, purchasing, legal and other staff or departmental services.

(7) “Municipality” means a municipality created pursuant to general or special law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the State Constitution, and for purposes this rule includes a special district or other entity which has been granted the power to manage solid waste by special act or interlocal agreement.

(8) “Non-residential user” shall have the same meaning as contained in the contract, ordinance, resolution or other such document controlling the provision of solid waste management services within the service area of a county or municipality. Or, if not defined in such documents, “non-residential user” shall mean the owner or tenant of an improved property consisting of a building or structure designed for non-residential (commercial, governmental or industrial) uses.

(9) “Outside contractor” means a person providing solid waste management services pursuant to a contract with a county or municipality, but does not include employees of that county or municipality.

(10) “Outside contractor costs” means those solid waste management service costs which are billed or charged directly to a county or municipality or directly to a residential or non-residential user by an outside contractor in compliance with the requirements of a contract with a county or municipality, pursuant to which contract the county or municipality either provides the revenue paid to an outside contractor or regulates the rates charged by an outside contractor for providing solid waste management services within its service area. “Outside contractor costs” shall not include any solid waste management service costs billed or charged directly to a non-residential user by an outside contractor, unless those solid waste management services are required to be provided by the outside contractor under its contract with the county or municipality or the rates for those services are regulated by that contract.

(11) “Person” means any and all persons, natural or artificial, including any individual, firm or association; any municipal or private corporation organized or existing under the laws of this state or any other state; any county of this state; and any governmental agency of this state or the Federal Government.

(12) “Residential user” shall have the same meaning as contained in the contract, ordinance, resolution or other such document controlling the provision of solid waste management services within the service area of a county or municipality. Or, if not defined in such documents, “residential user” shall mean the owner or tenant of an improved property consisting of a building, mobile home or portion thereof designed for residential occupancy which is arranged, designed or used as living quarters.

(13) “Service area” means the area in which a county or municipality provides, directly or by contract, solid waste management services.

(14) “Solid waste management services” means the process by which solid waste is collected, transported, stored, separated, processed, recycled or disposed of in any other way, according to an orderly, purposeful and planned program.

History

• Rulemaking Authority 403.061, 403.704, 403.7049 FS. Law Implemented 403.703, 403.7049 FS. History–New 12-19-89, Formerly 17-708.200.

Fla. Admin. Code R. 62-708.300 Applicability

History

• Rulemaking Authority 403.061, 403.704, 403.7049 FS. Law Implemented 403.7049 FS. History–New 12-19-89, Amended 11-11-90, Formerly 17-708.300, Repealed 2-16-12.

Fla. Admin. Code R. 62-708.400 Determination of the Full Cost of Solid Waste Management

(1) The full cost of solid waste management shall include the rate charged by the county or municipality to the end user for solid waste management services plus any other direct, indirect or outside contractor costs associated with solid waste management services. The full cost includes, but is not limited to the following elements:

(a) The rate charged to the user by the county and municipality for solid waste management services, and outside contractor costs.

(b) Any direct or indirect costs of providing the solid waste management services which are incurred by and funded by or included in the budget of any fund of the county or municipality which are not included in any user charge.

(2) The disclosure information shall be divided into residential and non-residential user categories. To the extent the service element is provided directly or by contract or interlocal agreement, the full cost calculated for each user category shall be reported separately for the following solid waste management cost elements: solid waste collection, solid waste disposal and recycling.

(3) All workpapers and the source documents used by the county or municipality in calculating full cost and a copy of the full cost disclosure shall be maintained on file for a period of three years by the county or municipality. The file shall be available for examination by the public and the Department during the normal business hours of the county or municipality.

(4) Counties which have implemented a countywide special assessment or other countywide revenue producing mechanism to fund any solid waste management program or any cost element of such a program shall consider the entire county as its service area for the purpose of determining and reporting the full costs of that countywide solid waste program or cost element. Municipalities and other entities that are included within the service area and receive solid waste management services which are funded as part of the countywide special assessment or other revenue producing mechanism shall not include those countywide funded solid waste management services in their calculation of full cost.

History

• Rulemaking Authority 403.061, 403.704, 403.7049 FS. Law Implemented 403.7049 FS. History–New 12-19-89, Formerly 17-708.400.

Fla. Admin. Code R. 62-708.500 Public Disclosure of the Full Cost of Solid Waste Management

History

• Rulemaking Authority 403.061, 403.704, 403.7049 FS. Law Implemented 403.7049 FS. History–New 12-19-89, Formerly 17-708.500, Repealed 2-16-12.

Chapter 62-709 CRITERIA FOR ORGANICS PROCESSING AND RECYCLING FACILITIES

Fla. Admin. Code R. 62-709.100 Intent

History

• Rulemaking Authority 403.061, 403.7043 FS. Law Implemented 403.7043 FS. History–New 11-21-89, Formerly 17-709.100, Repealed 12-17-96.

Fla. Admin. Code R. 62-709.200 Definitions

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043 FS. History–New 11-21-89, Formerly 17-709.200, Repealed 12-17-96.

Fla. Admin. Code R. 62-709.201 Definitions

The definitions in Rule 62-701.200, F.A.C., apply to this chapter unless the context clearly indicates otherwise. For purposes of this chapter, the following words, phrases or terms shall have the following meaning:

(1) “Anaerobic digestion” means the process by which biological decomposition of organic products is carried out under controlled anaerobic conditions, and that stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner.

(2) “Animal byproducts” means source-separated organic solid waste that is animal in origin, such as meat, fat, dairy, or eggs, and is generated by commercial, institutional, agricultural, or industrial operations. This term includes waste generated by prison facilities, grocery stores, manufacturing or packaging plants, butcher shops, restaurants and abattoirs. This term also includes packaging that has come into contact with animal byproducts. These wastes will be viewed as putrescible waste in this chapter.

(3) “Beneficial use” means, for the purposes of this chapter, that readily-degradable organics are placed on or in the soils to provide a viable benefit, such as, reducing erosion and water loss, regulating soil temperature, preventing the growth of weeds, or serving as a soil amendment upon decomposition. Placement of materials for purposes of disposal is not considered to be a beneficial use.

(4) “Backyard composting” means the composting of organic solid waste, such as grass clippings, leaves or food waste, generated by a homeowner or tenant of a single or multi-family residential unit or an apartment complex unit, where composting occurs at that dwelling unit.

(5) “Clean wood” means wood, including lumber, tree and shrub trunks, branches, and limbs, that is free of paint, glue, filler, penthachlorophenol, creosote, tar, asphalt, chromated copper arsenate, other wood preservatives or treatments.

(6) “Compost” means solid waste which has undergone biological decomposition of organic matter, has been disinfected using composting or similar technologies, and has been stabilized to a degree that is potentially beneficial to plant growth and that is used or sold for use as a soil amendment, artificial top soil, growing medium amendment or other similar uses.

(7) “Composting” means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and that stabilizes the organic fraction into a material which can easily and safely be stored, handled and used in an environmentally acceptable manner. The presence of anaerobic zones within the composting material will not cause the process to be classified as other than composting.

(8) “Composting facility” means a solid waste management facility where solid waste is processed using composting technology. Processing may include physical turning, windrowing, aeration or other mechanical handling of organic matter.

(9) “Curing area” means an area where organic material that has undergone the rapid initial stage of composting is further stabilized into a humus-like material.

(10) “Disinfection” means the selective destruction of pathogens indicated by a reduction in indicator organism(s) as specified in paragraph 62-709.300(8)(a), F.A.C.

(11) “Foreign matter” means the inorganic and organic constituents in a solid waste stream that are not readily decomposed and that may be present in the compost. Foreign matter is metals, glass, plastics, rubber, bones, and leather, but does not include sand, grit, rocks or other similar materials.

(12) “Land reclamation” means the restoration of productivity to lands made barren through processes such as erosion, mining or land clearing.

(13) “Manure” means a solid waste composed of excreta of animals, and residual materials that have been used for bedding, sanitary or feeding purposes for such animals. For purposes of this chapter, manure does not include such material generated and managed by normal farming operations, but does include “paunch manure,” which is the undigested stomach content of cattle.

(14) “Maturity” means the degree of stability that has been achieved.

(15) “Mesophilic stage” means a biological stage in the composting process characterized by active bacteria which favor a moderate temperature range of 20-45 degrees Celsius. It occurs later in a composting process after the thermophilic stage and is associated with a moderate rate of decomposition.

(16) “Motorized firefighting equipment” means equipment that can be used to control and extinguish fires such as fire trucks, front end loaders, and bull dozers.

(17) “Pre-consumer vegetative waste” means source-separated vegetative solid waste from commercial, institutional, industrial or agricultural operations that is not considered yard trash, and has not come in contact with animal products or byproducts or with the end user. This term includes material generated by grocery stores, packing houses, and canning operations, as well as products that have been removed from their packaging, such as out-of-date juice, vegetables, condiments, and bread. This term also includes associated packaging that is vegetative in origin such as paper or corn-starch based products, but does not include packaging that has come in contact with other materials such as meat. Plate scrapings are specifically excluded from this definition. These wastes are putrescible waste as defined in this chapter.

(18) “Putrescible waste” means solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds. The term does not include uncontaminated yard trash or clean wood.

(19) “Recycling” means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

(20) “Size-reduced” means the material has been processed so that it will pass through a 6-inch sieve or has been cut for firewood in no greater than 24 inch lengths.

(21) “Stabilized” means that biological and chemical decomposition of the wastes has ceased or diminished to a level so that such decomposition no longer poses a pollution, health, or safety hazard. The term means that biological decomposition of the waste that was composted or anaerobically digested has occurred to a sufficient degree that will allow beneficial use. As regards composting, it also means that the compost has at least passed through the thermophilic stage, and that biological decomposition of the solid waste has occurred to a sufficient degree that will allow beneficial use.

(22) “Thermophilic stage” means a biological stage in the composting process characterized by active bacteria which favor a high temperature range of 45-75 degrees Celsius. It occurs early in a composting process before the mesophilic stage and is associated with a high rate of decomposition.

(23) “Vector” means a carrier organism that is capable of transmitting a pathogen from one organism to another.

(24) “Vegetative waste” means source-separated organic solid waste that is vegetative in origin, and is generated by commercial, institutional, agricultural or industrial operations that is not considered yard trash. This term includes waste generated by grocery stores, prisons, restaurants, packing houses, and canning operations, as well as products that have been removed from their packaging, such as out-of-date juice, vegetables, condiments, and bread. This term also includes packaging that is vegetative in origin such as paper or corn-starch based products. These wastes are putrescible waste as defined in this chapter. Where the term is not used in conjunction with the term pre-consumer, it included vegetative waste that may have come in contact with the end user.

(25) “Yard trash” means vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps, and associated rocks and soils. For purposes of this chapter, it also includes clean wood.

(26) “Yard trash processing facility” means a yard trash transfer station or a facility at which yard trash is processed into a size-reduced, usable material or is composted, but does not include a facility used for the disposal of yard trash.

History

• Rulemaking Authority 403.704, 403.7043 FS. Law Implemented 403.7043 FS. History–New 2-15-10.

Fla. Admin. Code R. 62-709.300 General Provisions

(1) General provisions relating to solid waste management may be found in Chapter 62-701, F.A.C., including statements of intent, definitions, prohibitions, general permitting requirements, alternate procedures, and variances. Except where the context indicates otherwise, these general provisions apply to this chapter.

(2) No solid waste management facility whose purpose is or includes the production of compost shall be constructed, operated, expanded or modified without an appropriate or currently valid permit or registration issued by the Department unless specifically exempted by Chapter 403, F.S., Chapter 62-701, F.A.C., or this chapter.

(3) Except for permits issued in accordance with Rule 62-709.460, F.A.C., the following applies:

(a) Application for a permit, shall be pursuant to the requirements specified in Rule 62-701.320, F.A.C., except that Form 62-709.901(1) shall be used, Application for a Permit to Construct/Operate a Solid Waste Management Facility for the Production of Compost, effective date February 15, 2010, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm.

(b) The Department, after evaluation of a permit application and all supporting information, shall issue or deny a permit pursuant to paragraph 62-701.320(9)(a), (b), or (d), F.A.C. The supporting information shall provide sufficient detail to allow evaluation of the permit application. A copy of the Department-approved engineering drawings, plans, reports, operational plans, and supporting information shall be kept at the facility at all times for reference and inspections.

(c) Term of permit. The time period for permits shall be no longer than five years from the date of issuance by the Department.

(4) Closure requirements.

(a) The owner or operator shall notify the appropriate Department District Office in writing forty-five (45) days prior to ceasing operations, and shall specify a closing date. No waste shall be received by the facility after the closing date.

(b) All residuals, solid waste, and recyclable materials shall be removed from the site and recycled, or disposed of pursuant to the requirements of Chapter 62-701, F.A.C., within one month from the date the facility ceases to receive solid waste. Any remaining compost shall be used in accordance with the requirements of this chapter or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

(5) Nothing in this chapter is intended to relieve any person from compliance with the storm water rules found in Chapters 62-25 and 62-330, F.A.C., or with any other local, state or federal requirements.

(6) The following activities or facilities are not regulated under this chapter:

(a) Simple exposure of solid waste with little to no mechanical handling that results in natural decay; this is considered disposal and is regulated under Chapter 62-701, F.A.C.

(b) Composting of solid waste as a volume reduction measure prior to intended disposal; this is considered waste processing and is regulated under Chapter 62-701, F.A.C.

(c) Composting facilities that process domestic wastewater residuals with yard trash; these are regulated under Chapter 62-640, F.A.C. Composting facilities that process domestic wastewater residuals with other solid wastes are regulated under this chapter. However, nothing in this chapter shall relieve such facilities from complying with other applicable federal or state rules or regulations regarding domestic wastewater residuals management.

(d) Facilities where industrial byproducts are segregated and managed, provided that the operation is either exempt from permitting under Section 403.7045, F.S., or is regulated under another Department permit or certification.

(7) Prohibitions.

(a) No person shall cause or allow the discharge of air pollutants that cause objectionable odor in violation of Chapter 62-296, F.A.C.

(b) The prohibitions of Rule 62-701.300, F.A.C., as well as the siting restriction of subsection 62-701.320(13), F.A.C., apply to facilities regulated under this chapter.

(c) No solid waste processed in accordance with this chapter shall be placed in any natural or artificial body of water or wetland, unless authorized under a permit from the Department or a water management district, or in an open sinkhole or a dewatered pit.

(d) No treated or untreated biomedical waste, as regulated by Chapter 64E-16, F.A.C., shall be accepted at organics processing or recycling facilities.

(e) Used oil, hazardous waste and asbestos-containing waste shall not be processed into recyclable organic materials except for small quantities normally found in household waste.

(8) Compost.

(a) Any compost produced from solid waste, excluding compost made with only yard trash or pre-consumer vegetative waste, must be disinfected. One of the following options must be used to demonstrate that disinfection has been achieved (the test frequencies for these options are contained in paragraphs 62-709.530(1)(b) and (c), F.A.C.):

1. Option 1 – at the time composted solid waste has completed the disinfection process:

a. Either the density of fecal coliform is less than 1000 Most Probable Number per gram total solids, or the density of Salmonella sp. bacteria is less than three Most Probable Number per four grams of total solids; and,

b. One of the following process controls is achieved:

I. Maintain 55 degrees Celsius or higher for three consecutive days in a mechanical composter or in an aerated, insulated static pile, or

II. Maintain 55 degrees Celsius or higher for 15 consecutive days in a windrow with at least five turnings of the windrow.

2. Option 2 – at the time material is ready to be used, or the pathogen reduction process has been competed:

a. Either the density of fecal coliform is less than 1000 Most Probable Number per gram total solids, or the density of Salmonella sp. bacteria is less than three Most Probable Number per four grams of total solids; and,

b. The density of enteric viruses are less than one Plaque-forming Unit per four grams of total solids; and,

c. The density of viable helminth ova is less than one per four grams of total solids.

(b) Temperature monitoring shall be at a depth of two feet into the pile. The temperature readings and the length of the composting period shall be recorded. These records shall be kept for at least three years and shall be made available for inspection by Department personnel.

(c) Any compost that cannot be used pursuant to the requirements of this chapter shall be reprocessed or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

(9) Permit fees for organic solid waste recycling facilities. Notwithstanding the provisions of paragraph 62-4.050(4)(j), and rule 62-701.315, F.A.C., the following fees shall apply to permit applications associated with this chapter. The provisions of paragraphs 62-4.050(4)(o) through (v), F.A.C., continue to apply to such permits or applications. Fees for permit transfers and alternate procedures are established in Rule 62-701.315, F.A.C., and fees for permit modifications are established in subsection 62-701.320(4), F.A.C.

(a) Construction permits.

1. Manure or yard trash composting facility

$2,000.00

2. Solid waste composting facility

$5,000.00

(b) Operation permits.

1. Manure or yard trash composting facility

$1,000.00

2. Solid waste composting facility

$3,000.00

(c) Transfer of permit.

$50.00

(d) Registrations for yard trash processing facilities

$35.00

(e) Registration for composting of yard trash, vegetative wastes, animal byproducts or manure or blending facilities

$35.00

(g) Permit for a solid waste organics recycling pilot projects

$250.00

(h) Request for an alternate procedure to provisions in this rule

$500.00

(10) Nothing in the chapter is intended to prohibit the beneficial use of sludge or other byproducts, generated from an anaerobic digestion process, that is not expected to pose a significant threat to public health or the environment.

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New 11-21-89, Formerly 17-709.300, Amended 12-17-96, 10-22-00, 2-15-10.

Fla. Admin. Code R. 62-709.310 Permit Requirements

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New 11-21-89, Formerly 17-709.310, Repealed 12-17-96.

Fla. Admin. Code R. 62-709.305 Exemptions

The following activities do not require a permit or registration under this chapter provided no public nuisance or any condition adversely affecting the environment or public health is created and the activity does not violate other state or local laws, ordinances, rules, regulations, or orders.

(1) Backyard composting and the resulting compost.

(2) Normal farming operations. For purposes of this chapter, the following will be considered normal farming:

(a) Composting or anaerobic digestion of wastes generated on the farm, as part of agronomic, horticultural or silvicultural operations, for use on the farm, as part of agronomic, horticultural or silvicultural operations;

(b) Composting of wastes generated on the farm, as part of agronomic, horticultural or silvicultural operations, for sale or use off the farm; although no permit is required, the generator must meet the requirements of Rules 62-709.530 through 62-709.600, F.A.C., for any compost that is sold for use by persons other than the generator;

(c) Composting or anaerobic digestion of yard trash, manure, or vegetative wastes generated from off the farm, for use on the farm, as part of agronomic, horticultural or silvicultural operations;

(d) Composting of yard trash, manure, or vegetative wastes generated from off the farm, for sale or use off the farm; although no permit is required, the generator must meet the requirements of Rules 62-709.530 through 62-709.600, F.A.C., for any compost that is sold for use by persons other than the generator. For this exemption to apply, the yard trash, manure, or vegetative wastes brought to the farm must be necessary to optimize composting of the yard trash or manure generated on the farm, as part of agronomic, horticultural or silvicultural operations (e.g., bringing in yard trash as a source of carbon and pile structure) to optimize composting of manure generated on the farm). Yard trash, vegetative wastes, or manure which is brought to the farm solely to increase the amount of compost produced is not considered to be part of the agronomic, horticultural or silvicultural operations at the farm and is not covered by this exemption, except as provided for in paragraph (e), below; and,

(e) Manure management operations that are regulated under Chapter 62-670, F.A.C., as concentrated animal feeding operations (CAFO) or animal feeding operations (AFO). If the facility is permitted, this includes manure received from off-site as well as generated on-site when the facility permit addresses these waste streams.

(3) Composting of solid waste generated on-site or off-site, when there is no more than 100 cubic yards on site at any one time of solid waste to be composted or undergoing the composting process and finished compost being stored for use.

(4) Land application of processed yard trash for beneficial use is not considered disposal, and is not regulated under department solid waste regulations, providing the yard trash has been size-reduced so that it will pass through a 6-inch sieve.

(5) Land application of unprocessed yard trash or other use of yard trash, manure, or vegetative waste, if it is beneficial use that is not expected to pose a significant threat to public health or the environment. The following information could be submitted to the Department’s District office to help provide assurance that this activity is beneficial use:

(a) A description of the property, including street mailing address, property identification number used by the county property appraiser’s office, where on the property the land application will occur, and topography on which the material will be deposited. A map showing the location of the property and identifying water bodies, wetlands and wells to be avoided is also required. The property description must indicate any water bodies or wetlands to be avoided. The Department retains the authority to inspect this operation to assure that the waste is being properly managed.

(b) Documentation that the person either owns the land where the material will be deposited, or has legal authorization from the property owner to deposit the material there in the manner proposed.

(c) An explanation of the proposed project and why the person believes it qualifies for this exemption. The explanation should include a description of the benefit obtained from the project, any specifications or requirements for the incoming material, a description of any processing that will take place on-site before the material is used, and the amount of material required to complete the project. This should include the total amount and a per-acre application rate. The total amount and per-acre application rate shall be in tons or cubic yards. An estimated bulk density in pounds per cubic yards shall also be provided.

(d) An operation plan describing how the material will be received onto the site, how site access will be controlled, what equipment will be used to process or spread it, and how the material will be stored prior to use.

(e) A contingency plan explaining the procedures for dealing with emergencies such as a fire, natural disaster or equipment failure, or receipt of any unacceptable material.

(f) A description of how any vegetative waste or unstabilized manure will be processed within 48 hours.

(g) A demonstration that the proposed project is not expected to create any significant threat to public health or the environment.

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New 2-15-10.

Fla. Admin. Code R. 62-709.320 General Provisions for Registrations

(1) Applicability.

(a) Owners or operators of yard trash processing facilities, facilities composting vegetative waste, animal byproducts or manure with or without yard trash, and manure blending operations that meet the criteria of this rule and Rule 62-709.330 or 62-709.350, F.A.C., shall register annually with the Department in accordance with subsection 62-709.320(3), F.A.C. However, if these criteria are not met then a solid waste management facility permit is required:

1. In accordance with Chapter 62-701, F.A.C., for disposal operations or transfer stations, or

2. In accordance with subsection 62-709.300(3), F.A.C., for composting or processing operations or Rule 62-709.460, F.A.C., for qualifying pilot projects.

(b) Owners or operators of solid waste facilities that meet the criteria of this rule and either Rule 62-709.330 or 62-709.350, F.A.C., are not subject to the requirements of Rules 62-709.500, 62-709.510 and 62-709.530, F.A.C., unless otherwise specified in this chapter. However, they are subject to the requirements in Rules 62-709.300, 62-709.550 and 62-709.600, F.A.C.

(c) If a facility is already authorized under another Department solid waste management facility permit, then facility registration under this rule is not required as long as that permit remains valid. However, an annual report must still be submitted.

(d) Registrations issued under this chapter are considered to be the equivalent of operation permits for purposes of any notice requirements of Chapter 403, F.S., or Rule 62-110.106, F.A.C.

(2) Design and operating requirements.

(a) The facility shall have the operational features and equipment necessary to maintain a clean and orderly operation. Unless otherwise specified in Rule 62-709.330 or 62-709.350, F.A.C., these provisions shall include:

1. An effective barrier to prevent unauthorized entry and dumping into the facility site,

2. Dust and litter control methods; and,

3. Fire protection and control provisions to deal with accidental burning of solid waste, including:

a. There shall be an all-weather access road, at least 20 feet wide, all around the perimeter of the site,

b. None of the processed or unprocessed material shall be mechanically compacted; and,

c. None of the processed or unprocessed material shall be more than 50 feet from access by motorized firefighting equipment.

(b) The facility shall be operated in a manner to control vectors.

(c) The facility shall be operated in a manner to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C.

(d) Any drains and leachate or condensate conveyances that have been installed shall be kept clean so that flow is not impeded.

(e) Solid waste received at a registered facility must be processed timely as follows:

1. Any yard trash, including clean wood, received at the facility shall be size-reduced or removed within 6 months, or within the period required to receive 3,000 tons or 12,000 cubic yards, whichever is greater. However, logs with a diameter of 6 inches or greater may be stored for up to 12 months before they are size-reduced or removed, provided the logs are separated and stored apart from other materials onsite.

2. Any putrescible waste such as vegetative wastes, animal byproducts or manure received at a facility shall be processed and incorporated into the composting material, or removed from the facility, within 48 hours of receipt.

(f) If any of the following materials are discovered, they shall be immediately containerized and removed from the facility: treated or untreated biomedical waste; hazardous waste; or any materials containing a polychlorinated biphenyl (PCB) concentration of 50 parts per million or greater.

(g) When a registered facility ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled, or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. Any remaining processed material shall be used in accordance with the requirements of this rule or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

(3) Registration. Owners or operators of solid waste facilities, that qualify for registration, shall register with the Department before beginning operation, unless they are operating under a solid waste management facility permit as specified in paragraph (1)(c) of this rule.

(a) Registration shall be submitted on Form 62-709.901(3), Application for Registration and Annual Report for a Yard Trash Transfer Station or Solid Waste Organics Recycling Facility, effective date February 15, 2010, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm.

(b) The registrant shall provide the facility name, physical address where the facility is located, mailing address, street mailing address, contact name, email address and telephone number, and affirm that facility design and operations comply with the requirements of this rule and Rule 62-709.330 or 62-709.350, F.A.C. The registrant shall also provide documentation that the registrant either owns the land or has legal authorization from the landowner to operate a solid waste organics recycling facility on that site.

(c) Renewal applications for registrations pursuant to Rule 62-709.330 or 62-709.350, F.A.C., shall be submitted annually by July 1.

(d) The application for registration shall include the annual report required in subsection (4) of this rule. Owners and operators of solid waste organics recycling facilities that are submitting registration applications and have not begun operating during the applicable calendar year are not required to submit the annual report for that calendar year.

(4) Record keeping and reporting.

(a) Monthly records of incoming and outgoing material shall be kept on site or at another location as indicated on the registration form for at least three years. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing material. An annual report, based on the preceding calendar year, shall summarize the monthly records and shall be submitted by July 1 to the Department using Form 62-709.901(3), Application for Registration and Annual Report for a Yard Trash Transfer Station or Solid Waste Organics Recycling Facility, effective date February 15, 2010, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The registrant may submit the annual report to the Department electronically. The initial annual report for existing facilities shall also include a current site inventory of materials.

(b) If temperature monitoring will be used to demonstrate that disinfection has been achieved or that vector attraction has been achieved, then these records shall be kept for at least three years. These records shall be made available upon request.

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New 10-22-00, Amended 2-15-10.

Fla. Admin. Code R. 62-709.330 Specific Criteria for Registration of Yard Trash Processing Facilities

(1) A facility accepting only yard trash shall meet the criteria in this rule in addition to the provisions of Rule 62-709.320, F.A.C.

(2) Processed material shall be removed from the facility within 18 months. However, if a yard processing facility is authorized under another Department solid waste management facility permit, then the department shall authorize on-site storage of processed material for longer than 18 months if the owner or operator demonstrates that there is a quantifiable use for such material for cover, erosion control, closure, or other similar activities at that permitted facility.

(3) Only yard trash, and bags used to collect yard trash, shall be accepted at the yard trash processing facility. Any other material shall be containerized.

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New 2-15-10.

Fla. Admin. Code R. 62-709.350 Specific Criteria for Registration of Facilities Composting Vegetative Wastes, Animal Byproducts or Manure, or Blending Manure

(1) A facility accepting and composting only vegetative wastes, animal byproducts or manure, with or without yard trash, or a facility accepting only manure and blending it with yard trash or soil, shall meet the criteria of this rule in addition to the provisions of Rule 62-709.320, F.A.C.

(2) The carbon:nitrogen ratio of the blended feedstocks shall be greater than 20.

(3) Vegetative waste, animal byproducts or manure shall not be stored or processed in piles that exceed 12 feet in height.

(4) Yard trash processing facilities that also compost or blend and are registered in accordance with this section are not required to obtain a separate registration for the yard trash processing operation.

(5) All material accepted by the facility shall be removed within 18 months. However, if a facility is authorized under another Department solid waste management facility permit, then the department shall authorize on-site storage of compost or blended manure for longer than 18 months if the owner or operator demonstrates that there is a quantifiable use for such material for cover, erosion control, closure, or other similar activities at that permitted facility.

(6) The owner or operator of a facility producing compost, or manure blended with yard trash or soil, must demonstrate that disinfection has been achieved using one of the options in paragraph 62-709.300(8)(a), F.A.C. However, such demonstration is not required if the compost was made from pre-consumer vegetative waste, with or without yard trash.

(7) Operation features of a composting or manure blending facility for vector attraction reduction controls shall include one of the following:

(a) The material shall be composted for at least 14 days, during which time the temperature of the material being composted shall not be lower than 40 degrees Celsius and the average temperature of the material being composted shall be higher than 45 degrees Celsius, or

(b) The specific oxygen uptake rate (SOUR) for material being composted or blended shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New 2-15-10.

Fla. Admin. Code R. 62-709.400 Prohibitions

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043 FS. History–New 11-21-89, Formerly 17-709.400, Repealed 12-17-96.

Fla. Admin. Code R. 62-709.460 Special Permitting Criteria for Solid Waste Organics Recycling Pilot Projects

(1) Applicability.

(a) A person wishing to conduct a solid waste organics recycling pilot project shall operate only under a permit issued in accordance with this rule. Pilot projects may include a research project that does not qualify for the permit provision in Section 403.70715, F.S., or an organics recycling project that is not limited to composting. Pilot projects that qualify for this permit are those that:

1. Do not qualify for registration under this chapter,

2. Will initially operate for no more than 18 months, with the option to extend the project for an additional 18 months; and,

3. Will accept no more than 10,000 cubic yards of project feedstock.

(b) If a facility is already authorized under another Department permit that addresses the project, then a permit under this rule is not required as long as that permit remains valid.

(c) Pilot projects that meet the criteria of this rule are not subject to the requirements of Rules 62-709.500, 62-709.510 and 62-709.530, F.A.C., unless otherwise specified in this rule. However, such projects are subject to the requirements in Rules 62-709.300, 62-709.550, and 62-709.600, F.A.C.

(2) The prohibitions in subsection 62-709.300(7), F.A.C., apply to solid waste organics recycling pilot projects. However, because these projects use smaller quantities of feedstock for a minimal duration, the following setbacks apply in lieu of the setbacks in subsection 62-709.300(7), F.A.C.:

(a) No material or processed material shall be placed within 250 feet of any existing or approved off-site potable water well.

(b) No material or processed material shall be placed within 100 feet of any natural or artificial body of water. For purposes of this paragraph, a “body of water” includes wetlands within the jurisdiction of the Department, but does not include impoundments or conveyances that are part of a permitted stormwater management system, or water bodies contained completely within the property boundaries of the facility that do not discharge from the site to surface waters.

(3) Design and operating requirements.

(a) The facility shall have the operational features and equipment necessary to maintain a clean and orderly operation including:

1. An effective barrier to prevent unauthorized entry and dumping into the facility site,

2. Dust and litter control methods; and,

3. Fire protection and control provisions to deal with accidental burning of solid waste.

a. There shall be an all-weather access road, at least 20 feet wide, all around the perimeter of the site.

b. None of the processed or unprocessed material shall be more than 50 feet from access by motorized firefighting equipment.

(b) The facility shall be operated in a manner to control vectors.

(c) The facility shall be operated in a manner to control objectionable odors in accordance with subsection 62-296.320(2), F.A.C.

(d) Any drains and leachate or condensate conveyances that have been installed shall be kept clean so that flow is not impeded.

(e) If any of the following materials are discovered, they shall be immediately containerized and removed from the facility: treated or untreated biomedical waste; hazardous waste; or any materials containing a polychlorinated biphenyl (PCB) concentration of 50 parts per million or greater.

(f) When a solid waste organics recycling pilot project ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. Any remaining processed material shall be used in accordance with the requirements of this chapter or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

(4) A permit application for a pilot project shall be submitted on Form 62-709.901(4), Permit Application for a Solid Waste Organics Recycling Pilot Project, effective February 15, 2010, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The application shall include the following:

(a) The facility name, physical address where the facility is located, mailing address, street mailing address, contact name and telephone number, contact email address, and affirmation that facility design and operations comply with the requirements of this rule;

(b) Documentation that the registrant either owns the land or has legal authorization from the landowner to operate a pilot project on that site;

(c) A description of what the project is designed to do;

(d) The materials that will be processed;

(e) The length of time needed to complete the project;

(f) The methods to be used to control odor and vectors;

(g) The methods to be used to disinfect the solid waste processed, and the option specified in paragraph 62-709.300(8)(a), F.A.C., that will be used to demonstrate that disinfection has been achieved;

(h) A description of how stormwater will be controlled;

(i) The operating parameters to be followed for managing the process, such as temperature monitoring;

(j) A description of how the facility will be closed; and,

(k) For a renewal application, a progress report as specified in subsection (6) of this rule.

(5) Operation features of the facility for vector attraction reduction controls shall include one of the following:

(a) If this is a composting project, then the material shall be composted for at least 14 days, during which time the temperature of the wastes shall not be lower than 40 degrees Celsius and the average temperature of the waste shall be higher than 45 degrees Celsius, or

(b) The specific oxygen uptake rate (SOUR) for wastes being processed shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius.

(6) A progress report shall be submitted within 9 months of permit issuance, and at the time a permit renewal application is submitted. The report shall include:

(a) A description of the issues that arose during the project and how they were resolved;

(b) A summary and copies of any test results;

(c) For progress reports submitted as part of a permit renewal application, a summary of the monthly records required in subsection (9), of this rule; and,

(d) A current site inventory of materials.

(7) Renewal applications to operate the pilot project for up to an additional 18 months shall be submitted at least ninety (90) days before the permit expires.

(8) A final report shall be submitted within 60 days after permit expiration. The report shall include:

(a) A description of how the project goals were met or, if not met, how close the project was to meeting those goals and why they were not met;

(b) A description of the conclusions that were reached and any cost benefit analyses that were performed;

(c) A summary and copies of any test results;

(d) A summary of the monthly records required in subsection (9) of this rule; and,

(e) A current site inventory of materials.

(9) Record keeping and reporting.

(a) Monthly records of incoming and outgoing materials shall be kept on site or at another location as indicated on the permit application form for at least the duration of the project, or until all material has been removed from the facility site, whichever is greatest. The values may be in cubic yards or tonnage, but the same unit of measurement shall be used to record both incoming and outgoing material. The recorded information shall be summarized and submitted to the Department with any permit renewal application and at project completion.

(b) Records shall be kept for any temperature monitoring performed and for any demonstration that disinfection has been achieved for at least the duration of the project, or until all material has been removed from the facility site, whichever is greatest. These records shall be made available to the Department upon request, and shall be summarized in the progress and final reports.

History

• Rulemaking Authority 403.061, 403.704, 0403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New 2-15-10.

Fla. Admin. Code R. 62-709.500 Design Criteria for Permitted Facilities

(1) The facility site shall have sufficient structural support for the operation including total waste received, material processed, compost stored, equipment, and structures to be built onsite.

(2) Facility design plans shall include:

(a) A map or aerial photograph of the area at a scale of not over 500 feet to the inch showing land use and zoning within one mile of the facility. This map or photograph shall be no more than one year old, unless no substantial changes have occurred since the map or photograph was made. All significant features such as buildings, wells, natural and artificial bodies of water, watercourses and roads shall be indicated and labeled;

(b) A site plan at a scale of not over 200 feet to the inch showing dimensions, details of the proposed areas for receiving, processing, production, curing and storage, and fencing;

(c) Topographic maps at the same scale as the site plan with no less than one-foot and no greater than five-foot contour intervals showing contour interval used, original elevations and proposed final contours, general outline of facility area, access roads, grades required for proper drainage, any special drainage devices, and all other pertinent information;

(d) A report on:

1. Designed capacity of the proposed composting facility,

2. Anticipated type and source of solid waste to be received; and,

3. A general description of any additives to be used in the production of compost with reasonable assurances that they will not endanger the environment or public health, safety and welfare.

(3) Stormwater management system design standards.

(a) Stormwater controls shall be designed, constructed, and maintained to meet the requirements of Chapters 62-25 and 62-330, F.A.C., or requirements of the water management district where the Department has delegated stormwater permitting to a water management district.

(b) Stormwater management systems shall be designed to prevent run-off from entering the receiving, processing, curing or storage areas. Stormwater or other water which comes into contact with the solid waste received, being stored, processed or composted, or which mixes with leachate shall be considered leachate and shall be reused in the process or treated to meet applicable standards of Chapters 62-25, 62-302 and 62-330, F.A.C., at the point of discharge.

(c) The facility site shall be graded to minimize ponding of water where the solid waste or compost is received, processed, cured or stored.

(4) The facility site shall be provided with operational features and appurtenances necessary to maintain a clean and orderly operation. These minimum features are:

(a) An effective barrier to prevent unauthorized entry and dumping into the facility site;

(b) An all-weather access road to the site;

(c) Signs indicating name of operating authority, contact person and telephone number in case of emergency, and traffic flow. If the facility receives solid waste from the general public, the signs shall also indicate hours of operation, and charges (if any);

(d) Dust control methods where needed to control problems;

(e) Litter control devices as needed;

(f) Fire protection and control provisions to deal with accidental burning of solid waste or compost at the facility; and,

(g) Odor control devices, methods or practices.

(5) An operation plan shall be submitted with all facility construction permit applications. The operation plan shall provide written instructions for the daily operation and maintenance of the facility. The plan shall be revised when operational procedures change. The plan shall include the following detailed procedures at a minimum:

(a) Designation of persons responsible for operation and maintenance of the facility;

(b) Proposed equipment;

(c) Controlling the type of waste received at the site. The plan shall specify inspection procedures, number and location of spotters and procedures to be followed if prohibited wastes are discovered;

(d) Weighing or measuring incoming waste pursuant to subsection (6), below;

(e) Vehicle traffic control and unloading;

(f) Method and sequence of processing the waste;

(g) Operations of leachate and stormwater controls;

(h) Designation of permitted backup receiving and disposal areas; and,

(i) Contingency operations, including reserve or alternate equipment, or alternate waste handling and disposal methods in case of emergency such as a natural disaster or equipment failure or receipt of prohibited materials such as used oil, asbestos-containing material or hazardous or biomedical waste.

(6) Scales, or access to scales, for weighing solid waste received are required for all facilities owned or operated by or on behalf of a county or municipality.

(7) In addition to the requirements specified in subsections (1) through (6), above, the following requirements apply to composting facilities which process solid waste other than only yard trash or manure.

(a) The waste receiving and storage areas, and the processing and curing areas shall be located on surfaces, such as asphalt or concrete, to minimize release of leachate into groundwater. The surfaces shall be capable of withstanding wear and tear from normal operations.

(b) The facility shall have a leachate collection and removal system designed, constructed, maintained and operated to collect and remove leachate from the waste receiving and storage areas and the processing and curing areas. Washdown from these areas and equipment, stormwater coming into contact with solid waste or compost in these areas, and condensate will be considered leachate.

(c) Leachate shall be reused in the process or treated in a leachate treatment system to meet applicable standards of Chapters 62-25, 62-302 and 62-330, F.A.C., at the point of discharge.

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707 FS. History–New 11-21-89, Formerly 17-709.500, Amended 10-22-00.

Fla. Admin. Code R. 62-709.510 Operation Criteria for Permitted Facilities

(1) The following operation requirements apply to all composting facilities.

(a) The design features pursuant to Rule 62-709.500, F.A.C., shall be properly operated and maintained.

(b) The facility shall be operated in a manner, with any needed measures taken, to control vectors and odors.

(c) To insure proper staffing and suitable processing facilities, the following shall be required:

1. During hours when solid waste is received, an attendant at all facility sites; and,

2. Communication facilities for use in emergencies at all facilities.

(d) Measures shall be taken to avoid mixing incoming solid waste with finished compost ready to be used or sold for use to discourage the re-introduction of weed seeds and pathogens.

(e) More than half of the compost stored at the facility shall be used or sold for use within each year beginning the third year after facility startup. Further, any compost remaining at the facility for three years after it was produced shall be disposed of pursuant to the requirements of Chapter 62-701, F.A.C., or shall be reprocessed so that it can be sold or used.

(f) The amount of compost stored at the facility shall not exceed the designed storage capacity.

(2) In addition to the requirements specified in subsection (1), above, the following requirements apply to composting facilities that process only yard trash or manure.

(a) Yard trash or manure which will not be made into compost or processed into other usable material shall be removed at least monthly.

(b) Solid waste other than yard trash or manure received at the facility shall be separated and stored in a manner that prevents vector problems, and shall be removed within 72 hours. However, recovered material which is stored in a manner that prevents vector problems may remain at the facility for up to one year.

(3) In addition to the requirements specified in subsection (1), above, the following requirements apply to composting facilities that process solid waste, other than only yard trash or manure.

(a) All waste delivered to the facility shall be confined to a designated delivery or storage area until processed. Any material not processed within 72 hours shall be removed and disposed of pursuant to Chapter 62-701, F.A.C. Any recovered materials removed from the solid waste stream shall be stored in a manner that prevents vector problems, and shall be removed from the facility at least annually.

(b) The temperature of the composting solid waste shall be monitored at a depth of two feet into the pile on a daily basis during the initial week of composting and then on a weekly basis until the finished compost is produced. The temperature readings and the length of the composting period shall be recorded. These records shall be kept for at least three years and shall be made available for inspection by Department personnel.

(4) When a solid waste management facility that produces compost ceases operation, all residuals, solid waste, and recyclable materials shall be removed from the site and recycled, or disposed of pursuant to the requirements of Chapter 62-701, F.A.C. Any remaining compost shall be used in accordance with the requirements of this rule or disposed of pursuant to the requirements of Chapter 62-701, F.A.C.

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043 FS. History–New 11-21-89, Formerly 17-709.510, Amended 10-22-00.

Fla. Admin. Code R. 62-709.515 Special Operation Criteria for Minimal Technology

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043 FS. History–New 11-21-89, Formerly 17-709.515, Repealed 12-17-96.

Fla. Admin. Code R. 62-709.530 Testing, Recording and Reporting Requirements

(1) The compost product shall be sampled and analyzed as follows.

(a) A composite sample of the compost produced at each composting facility shall be analyzed at intervals of every 20,000 tons of compost produced or every three months, whichever comes first, for percent moisture, percent reduction in organic matter, percent organic matter, and pH.

(b) In addition to paragraph (a), above, when demonstration that a material has been disinfected is required in accordance with paragraph 62-709.300(8)(a), F.A.C., the material shall be analyzed for one of the following at intervals of every 20,000 tons of material produced or every three months, whichever comes first:

1. Fecal Coliform, most probable number per gram of total solids (dry weight basis), or

2. Salmonella sp. Bacteria, most probable number per four grams of total solids (dry weight basis).

(c) In addition to paragraph (b), above, when the provisions of subparagraph 62-709.300(8)(a)2., F.A.C., will be used, the material shall be analyzed for the following at intervals of every 20,000 tons of material produced or every three months, whichever comes first:

1. Enteric viruses, plaque-forming unit per four grams of total solids (dry weight basis); and,

2. Helminth ova, ova per four grams of total solids (dry weight basis).

(d) Compost produced by persons for their own use, where the compost is made from yard trash, vegetative wastes or manure, is not required to be sampled and analyzed as specified in paragraphs (a) through (c), above.

(e) In addition to paragraphs (a) through (c), above, compost made from solid waste other than only yard trash, vegetative wastes, animal byproducts or manure shall be analyzed at intervals of every 20,000 tons of compost produced or every three months, whichever comes first, for:

1. Percent foreign matter; and,

2. Total cadmium, copper, lead, nickel, and zinc, all in mg/kg dry weight.

(f) The Department may decrease or increase the parameters to be analyzed for or the frequency of analysis based on monitoring data, changes in the waste stream or processing, or the potential presence of toxic substances.

(g) All sampling and analysis activities shall be performed in accordance with Chapter 62-160, F.A.C. Analytical results shall be submitted to the appropriate District office within 30 days of sample collection.

(h) Foreign matter content shall be determined by passing a dried, weighed sample of the compost product through a one-quarter inch or six millimeter screen. The material remaining on the screen shall be visually inspected, and the foreign matter that can be clearly identified shall be separated and weighed. The weight of the separated foreign matter divided by the weight of the total sample multiplied by 100 shall be the % dry weight of the foreign matter content.

(i) The reduction of organic matter is determined by comparing the organic matter content of the feedstock into the composting process and the organic matter content of the compost product. The amount of reduction is determined as a percent of the original amount contained in the feedstock using the following calculation:

% ROM = [1 - (OMK(100 - OM)/OM(100 - OMK))]100 where: % ROM = reduction of organic matter, OM = % organic matter

content of dry matter before decomposition, and OMK = % organic matter content of dry matter after decomposition.

(2) Facility owners or operators shall record and maintain for three years the following information regarding their activities for each month of operation of the facility. Records shall be available for inspection by Department personnel during normal business hours and shall be sent to the Department upon request:

(a) Analytical results on compost testing;

(b) The quantity, type and source of waste received;

(c) The quantity and type of waste processed into compost;

(d) The quantity and type of compost produced by product classification; and,

(e) The quantity and type of compost removed for use or disposal, by product classification, and the market or permitted disposal facility.

(3) Owners and operators of facilities producing compost made from solid waste shall submit to the Department an annual report by June 1. The report shall be submitted on Form 62-709.901(2), Annual Report for a Solid Waste Management Facility Producing Compost Made from Solid Waste, effective date February 15, 2010, hereby adopted and incorporated by reference. Copies of this form are available from a local District Office or by writing to the Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department web page at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-709.htm. The owner and operator of the facility may submit the annual report to the Department electronically. The report shall include:

(a) The facility name, address and permit number;

(b) The year covered;

(c) The total quantity in tons, with sludge values expressed in dry weight, and type of waste received at the facility during the year covered by the report;

(d) The total quantity in tons, with sludge values expressed in dry weight, and type of waste processed into compost at the facility during the year covered by the report;

(e) The total quantity in tons and type of compost produced at the facility, by product classification, during the year covered by the report; and,

(f) The total quantity in tons and type of compost removed for use or disposal from the facility, by product classification, along with a general description of the market if for use during the year covered by the report.

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043 FS. History–New 11-21-89, Formerly 17-709.530, Amended 10-22-00, 2-15-10.

Fla. Admin. Code R. 62-709.550 Classification of Compost

(1) Compost shall be classified based on the type of waste processed, product maturity, the amount of foreign matter in the product, the particle size and organic matter content of the product, and the concentration of heavy metals as specified in the following sections. The following characteristics shall be used:

(a) Type of waste processed.

1. Yard trash only.

2. Manure or yard trash or vegetative waste with manure.

3. Solid waste, other than only yard trash, vegetative waste or manure. This includes composts made from the addition of any animal byproducts.

(b) Product maturity.

1. Mature.

2. Semi-mature.

3. Fresh.

(c) Foreign matter content.

1. ≤ = 2% dry weight.

2. ≥ 2%, but ≤ = 4% dry weight.

3. ≥ 4%, but ≤ = 10% dry weight.

(d) Particle size, using the screen size that the compost passed through. Organic matter content shall be associated with particle size.

1. Fine: ≤ = 10mm, and an organic matter content of ≥ = 25%.

2. Medium: ≤ = 15mm, and an organic matter content of ≥ = 30%.

3. Coarse: ≤ = 25mm, and an organic matter content of ≥ = 35%.

(e) The codes in the following table for heavy metal concentrations shall be used in classifying the compost produced. The concentrations are expressed in mg/kg dry weight. In determining the appropriate classification code for parameter concentrations, if any one parameter falls in a higher concentration grouping, the code for that higher grouping will apply.

Concentration codes

Parameter

1

2

3

4

Cadmium

≤ 15

15- ≤ 30

30-100

≥ 100

Copper

≤ 450

450- ≤ 900

900-3,000

≥ 3,000

Lead

≤ 500

500- ≤ 1,000

1,000-1,500

≥ 1,500

Nickel

≤ 50

50- ≤ 100

100-500

≥ 500

Zinc

≤ 900

900- ≤ 1,800

1,800-10,000

≥ 10,000

(2) Compost shall be classified as follows.

(a) Type Y is compost made only from yard trash, which is mature or semi-mature, and is fine, medium or coarse. For such compost, a foreign matter content of less than 2% and a metal concentration equivalent to code 1 is assumed.

(b) Type YM is compost made from only vegetative waste, animal byproducts or manure, with or without yard trash, which is mature or semi-mature and is fine, medium or coarse. For such compost, a foreign matter content of less than 2% and a metal concentration equivalent to code 1 is assumed.

(c) Type A is compost made from solid waste, other than only yard trash, vegetative waste, animal byproducts or manure, which is mature and is fine. The foreign matter content shall be less than or equal to 2%, and the metal concentration shall fall under code 1. Further, it shall contain no foreign matter, such as glass or metal shards, of a size and shape that can cause injury.

(d) Type B is compost made from solid waste, other than only yard trash, vegetative waste, animal byproducts or manure, which is mature or semi-mature and is fine or medium. The foreign matter content shall be less than or equal to 4%, and the metal concentration shall fall under codes 1 or 2. Further, it shall contain no foreign matter, such as glass or metal shards, of a size and shape that can cause injury.

(e) Type C is compost made from solid waste, other than only yard trash, vegetative waste, animal byproducts or manure, which is mature or semi-mature and is fine, medium or coarse. The foreign matter content shall be less than or equal to 10%, and the metal concentration shall fall under codes 1, 2 or 3.

(f) Type D is compost made from solid waste, or from only yard trash, vegetative waste, animal byproducts or manure, which is fresh and is fine, medium or coarse. It shall have a foreign matter content of less than or equal to 10%, and the metal concentration shall fall under codes 1, 2 or 3. Foreign matter content and metal concentration is assumed for fresh compost made from only yard trash, vegetative waste, animal byproducts or manure.

(g) Type E is compost made from solid waste, other than only yard trash, vegetative waste, animal byproducts or manure, which has a metal concentration that falls under code 4.

(3) Compost maturity shall be determined as follows:

(a) Mature compost is a highly stabilized compost material that has been exposed to prolonged periods of decomposition. It will not reheat upon standing to greater than 20ºC above ambient temperature. It has beneficial use and can be used in direct contact with roots. The material should be brown to black in color. This level of maturity is indicated by a reduction of organic matter of greater than 60%.

(b) Semi-mature compost is compost material that is at the mesophilic stage. It will reheat upon standing to greater than 20ºC above ambient temperature. It has beneficial use, although direct contact with roots should be avoided. The material should be a light to dark brown in color. This level of maturity is indicated by a reduction of organic matter of greater than 40% but less than or equal to 60%.

(c) Fresh compost is compost material that has been through the thermophilic stage and has undergone partial decomposition. The material will reheat upon standing to greater than 20ºC above ambient temperature. It has beneficial use, but proper care is needed as further decomposition and stabilization will occur. The material should be similar in texture and color to the feed stock into the composting process. This level of maturity is indicated by a reduction of organic matter of greater than 20% but less than or equal to 40%.

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043 FS. History–New 11-21-89, Formerly 17-709.550, Amended 2-15-10.

Fla. Admin. Code R. 62-709.600 Criteria for the Use of Compost

(1) Compost classified as Types Y, YM or A shall have unrestricted distribution.

(2) Compost classified as Types B or C shall be restricted to use by commercial, agricultural, institutional or governmental operations. However, if it is used where contact with the general public is likely, such as in a park, only Type B may be used.

(3) Compost classified as Type D shall only be used at landfills or land reclamation projects. However, such use shall not be allowed if contact with the general public is likely.

(4) Type E must be disposed of pursuant to Chapter 62-701, F.A.C., unless demonstrated that use of this material will not endanger the public or the environment.

(5) The total amount of heavy metal applied to soils shall be (in pounds per acre) as follows.

(a) Cadmium – 4.45.

(b) Nickel – 111.

(c) Copper – 111.

(d) Zinc – 222.

(e) Lead – 445.

(6) For applications where repeated use of the compost can be expected, such as in agricultural applications, the amount of heavy metal applied to soils shall be no more than one-tenth of the amount listed in subsection (5), above, per acre per year. For applications where repeated use of the compost is not expected, such as land reclamation or as a soil amendment on highway medians, the amount listed in subsection (5), above, may be applied within a one-year period.

(7) If a person wishing to apply compost to the soil can demonstrate through an analysis of the cation exchange capacity and other physical and chemical characteristics of the receiving soil that a higher application rate will provide an equal degree of protection to the public and the environment, the Department may approve such application rates pursuant to Rule 62-709.700, F.A.C.

(8) Compost shall not be used in any manner that will endanger public health and welfare, and the environment, or would violate the provisions of this rule.

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043 FS. History–New 11-21-89, Formerly 17-709.600.

Fla. Admin. Code R. 62-709.700 Approval of Alternative Procedures and Requirements

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.707, 403.7043 FS. History–New 11-21-89, Formerly 17-709.700, Repealed 12-17-96.

Fla. Admin. Code R. 62-709.800 General Permits

History

• Rulemaking Authority 403.061, 403.704, 403.7043 FS. Law Implemented 403.7043, 403.707, 403.814 FS. History–New 11-21-89, Formerly 17-709.800, Repealed 12-17-96.

Fla. Admin. Code R. 62-709.900 Forms

History

• Rulemaking Authority 120.53(1), 403.704 FS. Law Implemented 120.53(1), 403.7043 FS. History–New 11-21-89, Formerly 17-709.900, Repealed 12-17-96.

Fla. Admin. Code R. 62-709.901 Forms

The forms used by the Department in this rule are adopted and incorporated by reference in this subsection. The form is listed by rule number, which is also the form number, and with the subject, title and effective date. Copies of forms may be obtained from a local District Office or by writing to the Florida Department of Environmental Protection, Solid Waste Section, MS #4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Application for a Permit to Construct/Operate a Solid Waste Management Facility for the Production of Compost, effective February 15, 2010.

(2) Annual Report for a Solid Waste Management Facility Producing Compost Made from Solid Waste, effective February 15, 2010.

(3) Application for Registration and Annual Report for a Yard Trash Transfer Station or Solid Waste Organics Recycling Facility, effective February 15, 2010.

(4) Permit Application for a Solid Waste Organics Recycling Pilot Project, effective February 15, 2010.

History

• Rulemaking Authority 120.53(1), 403.704 FS. Law Implemented 120.53(1), 403.7043 FS. History–New 2-15-10.

Chapter 62-710 USED OIL MANAGEMENT

Fla. Admin. Code R. 62-710.100 Intent

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.75-403.769 FS. History–New 2-25-85, Formerly 17-7.60, 17-7.600, Amended 1-17-90, Formerly 17-710.100, Amended 6-8-95, 12-23-96, Repealed 3-25-97.

Fla. Admin. Code R. 62-710.200 Definitions

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.703, 403.75, 403.760 FS. History–New 2-25-85, Amended 5-21-85, Formerly 17-7.61, 17-7.610, Amended 1-17-90, Formerly 17-710.200, Amended 6-8-95, 12-23-96, Repealed 3-25-97.

Fla. Admin. Code R. 62-710.201 Definitions

In addition to applicable definitions in Rule 62-701.200, F.A.C., and the definition of “Used oil,” “Department,” “Person,” “Public used oil collection center,” “Recycling,” and “Rerefining” in Section 403.75, F.S., the following words, phrases, or terms as used in this rule, unless the context indicates otherwise, shall have the following meaning:

(1) “Oily wastes” means those materials which are mixed with used oil and have become separated from that used oil. Oily wastes also means materials, including wastewaters, centrifuge solids, filter residues or sludges, bottom sediments, tank bottoms, and sorbents which have come into contact with, and have been contaminated by, used oil.

(2) “Processing” means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes blending used oil with virgin petroleum products, blending used oils to meet the fuel specification found in 40 CFR Part 279.11 [as adopted in subsection 62-710.210(2), F.A.C.], filtration, simple distillation, chemical or physical separation and rerefining.

(3) “Processor” means any person processing used oil. The term also includes any transfer facility that stores used oil for longer than 35 days at a time, any used oil fuel marketer who receives used oil from transporters and who has at least 25,000 gallons of used oil storage capacity, and any person who blends used oil with on-specification used oil fuel or with virgin petroleum products for the purpose of producing on-specification used oil fuel.

(4) “Used oil transporter” means any person who transports used oil over public highways, any person who collects used oil from more than one generator and transports the collected oil over public highways, and owners and operators of used oil transfer facilities.

(5) “Used oil filter” means any device which is an integral part of an oil flow system, the primary purpose of which is to remove contaminants from the flowing oil contained within the system and which, as a result of use, has become contaminated and unsuitable for its original purpose, is removed from service, and contains entrapped used oil.

(6) “Used oil filter processor” means a person who removes oil from used oil filters to prepare them for recycling. Generators of used oil filters who consolidate, drain or crush used oil filters for off-site recycling are not used oil filter processors providing the generator complies with the requirements of subsection 62-710.850(2), F.A.C.

(7) “Used oil filter transporter” means any person who transports, over public highways, for hire used oil filters to a used oil filter transfer or processing facility.

(8) “Used oil filter transfer facility” means any facility which is used to store, for more than 10 days, used oil filters which were not generated at that facility. A person who stores its own used oil filters generated at its own non-contiguous operations on its own property is not considered a used oil filter transfer facility provided the used oil filters are processed by a registered used oil filter processor.

(9) “Used oil fuel marketer” means any person who conducts either of the following activities:

(a) Directs a shipment of off-specification used oil from their facility to a used oil burner, or

(b) First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in 40 CFR Part 279.11 [as adopted in subsection 62-710.210(2), F.A.C.].

(10) “Used oil transfer facility” means any transportation related facility including loading docks, parking areas, and other areas where shipments of used oil are held for more than 24 hours during the normal course of transportation over public highways. Transfer facilities that store used oil for more than 35 days are “processors” as defined in subsection 62-710.201(3), F.A.C., and are subject to regulation under subpart F of 40 CFR Part 279 [as adopted in subsection 62-710.210(2), F.A.C.]

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.703, 403.75, 403.760, 403.767, 403.769 FS. History–New 6-9-05, Amended 4-23-13, 4-24-25.

Fla. Admin. Code R. 62-710.210 Documents Incorporated by Reference

(1) General provisions relating to solid waste management may be found in Chapter 62-701, “Solid Waste Management Facilities,” F.A.C., including statements of intent, definitions, prohibitions, general permitting requirements, alternate procedures, and forms. Except where the context indicates otherwise, these general provisions apply to this chapter.

(2) The Department adopts by reference 40 CFR Part 279 revised as of July 1, 2017 (http://www.flrules.org/Gateway/reference.asp?No=Ref-08950), which contains the federal standards for the management of used oil. It is the intent of the Department to interpret these standards in a manner consistent with interpretations promulgated by the United States Environmental Protection Agency, except when such interpretations conflict with Florida law.

(3) “On-specification used oil fuel” means any used oil which meets the requirements of 40 CFR Part 279.11 [as adopted in subsection 62-710.210(2), F.A.C.]. Used oil fuel containing Polychlorinated Biphenyls (PCBs) at a concentration equal to or greater than 2 parts per million (ppm), but less than 50 ppm, is regulated under 40 CFR Part 761.20(e) and burned only in boilers or industrial furnaces as defined in 40 CFR Part 260.10 [as adopted in subsection 62-730.020(1), F.A.C.] and identified in 40 CFR Part 279.61 [as adopted in subsection 62-710.210(2), F.A.C.]. Used oil containing PCBs at a concentration equal to or greater than 50 ppm is fully subject to the requirements of the Toxic Substances Control Act found in 40 CFR Part 761. Blending used oil for the purpose of reducing the concentration of PCBs to below 50 ppm is prohibited in accordance with the provisions of 40 CFR 279.10(i) [as adopted in subsection 62-710.210(2), F.A.C.] and 761.20(e).

(4) References in 40 CFR Part 279 [as adopted in subsection 62-710.210(2), F.A.C.] to 40 CFR Part 262 [as adopted in subsection 62-730.160(1), F.A.C.] shall mean rules adopted by the Department regarding generators of hazardous wastes; reference to 40 CFR Part 263 [as adopted in subsection 62-730.170(1), F.A.C.] shall mean rules adopted by the Department regarding transporters of hazardous waste; reference to 40 CFR. Parts 264 [as adopted in subsection 62-730.180(1), F.A.C.] and 265 [as adopted in subsection 62-730.180(2), F.A.C.] shall mean rules adopted by the Department regarding treaters, storers and disposers of hazardous wastes; references to 40 CFR Part 266 [as adopted in subsection 62-730.181(1), F.A.C.] shall mean rules adopted by the Department regarding standards for the management of specific hazardous waste; and references to Section 3010 of the Resource Conservation and Recovery Act (RCRA) shall mean notification requirements of Florida Law. The above-mentioned Department rules are found in Chapter 62-730, F.A.C., Hazardous Waste.

(5) When the same word, phrase, or term is defined in Rule 62-710.201, F.A.C., and 40 CFR Part 279 [as adopted in subsection 62-710.210(2), F.A.C.] and the definitions are not identical, the definitions as given in Rule 62-710.201, F.A.C., shall apply.

(6) Unless specifically indicated otherwise, when used in any such provisions as adopted from 40 CFR Part 279 [as adopted in subsection 62-710.210(2), F.A.C.], United States shall mean the State of Florida, Environmental Protection Agency (EPA) shall mean the Department, and Administrator or Regional Administrator shall mean the Secretary of the Department or the Secretary’s designee, where appropriate.

(7) Any reference to 40 CFR Parts 124 or 270 as adopted by reference in 40 CFR Part 279 [as adopted in subsection 62-710.210(2), F.A.C.] shall mean the permitting provisions in Chapter 62-4 or 62-730, F.A.C., or Section 403.722, F.S.

(8) Any reference to RCRA as adopted by reference in 40 CFR Part 279 [as adopted in subsection 62-710.210(2), F.A.C.] shall be construed to refer to comparable provisions of the Florida Resource Recovery and Management Act as established in Part IV of Chapter 403, F.S.

History

• Rulemaking Authority 403.061, 403.704, 403.7545, 403.8055 FS. Law Implemented 403.704, 403.7545 FS. History–New 6-8-95, Amended 12-23-96, 3-25-97, 6-9-05, 1-4-09, 4-23-13, 6-18-18, 4-24-25.

Fla. Admin. Code R. 62-710.300 Applicability

History

• Rulemaking Authority 403.061, 403.704, 403.767 FS. Law Implemented 403.703, 403.75, 403.754, 403.760, 403.767, 403.769 FS. History–New 6-9-05, Repealed 2-16-12.

Fla. Admin. Code R. 62-710.400 Prohibitions

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.751 FS. History–New 2-25-85, Formerly 17-7.62, 17-7.620, Amended 1-17-90, Formerly 17-710.400, Amended 6-8-95, Repealed 3-25-97.

Fla. Admin. Code R. 62-710.401 Prohibitions

(1) No person shall collect, transport, store, recycle, use, or dispose of used oil, used oil filters or oily wastes except as authorized in this chapter or in Chapter 403, F.S.

(2) No person shall discharge used oil into soils, sewers, drainage systems, septic tanks, surface or ground waters, watercourses, or marine waters.

(3) Except as provided herein, no person shall mix or commingle used oil with solid waste that is to be disposed of in landfills in Florida or directly dispose of used oil in landfills in Florida.

(a) Oily wastes, sorbents or other materials used for maintenance or to clean up or contain spills or releases of used oil, and soils contaminated with used oil as a result of spills or releases are not subject to this prohibition. In some cases, other Department rules, local ordinances, or landfill policies may prohibit the disposal of such materials.

(b) Any person wishing to dispose of solid waste mixed with used oil in a landfill in Florida which is otherwise prohibited by this subsection may apply to the Department for approval of alternate procedures in accordance with Rule 62-701.310, F.A.C. If the basis for the request is that it is impractical to separate the used oil from the solid waste, the request may be submitted without a fee.

(c) Any person who unknowingly disposes of used oil into a landfill in Florida, including used oil filters which have not been properly segregated or separated from other solid wastes by the generator, is not guilty of a violation under this subsection. This provision is applicable to landfill operators who unknowingly accept such wastes for disposal.

(4) Except as provided in Sections 403.767(1) and 403.754(2), F.S., generators of used oil are prohibited from using transporters that do not have an EPA Identification number, are not certified with the State of Florida, or are not currently registered with the State of Florida to transport used oil in accordance with the requirements of this chapter. The status of a transporter’s certification can be verified on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-recycling.

(5) Notwithstanding the provisions found in 40 CFR 279.10(b)(3), no person shall mix or commingle used oil with hazardous substances that make it unsuitable for recycling or beneficial use.

(6) Used oil shall not be used for road or pavement oiling for dust control, weed abatement, or other similar uses that have the potential to release used oil into the environment.

(7) Tank and Container management. General requirements for the storage of used oil.

(a) No person shall store used oil in tanks or containers unless the tanks or containers are:

1. Clearly labeled with the words “Used Oil”,

2. In good condition (no severe rusting, apparent structural defects or deterioration), and

3. Not leaking (there are no visible leaks).

(b) If tanks or containers are not stored inside a structure, the contents shall be closed, covered, or otherwise protected from the weather.

(c) If tanks or containers are not double-walled, they shall be stored on an oil-impermeable surface such as sealed concrete or sealed asphalt and must have secondary containment which has the capacity to hold 110 percent of the volume of the largest tank or container within the containment area. For underground storage tanks with capacities greater than 110 gallons and aboveground storage tanks with capacities greater than 550 gallons, the facility shall comply with Chapters 62-761 and 62-762, F.A.C.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.751 FS. History–New 6-9-05, Amended 4-23-13, 4-24-25.

Fla. Admin. Code R. 62-710.500 Registration and Notification

(1) The following persons shall annually register their used oil handling activities with the Department. Registration may be completed using Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” which is adopted and incorporated by reference in paragraph 62-730.150(2)(a), F.A.C. This Form can be accessed on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS #4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The registration can also be completed electronically via the Department Business Portal (https://www.fldepportal.com/DepPortal/go/home).

(a) Used oil transporters, except for the operations listed in 40 CFR 279.40(a)(1)-(4), [as adopted in subsection 62-710.210(2), F.A.C.], and transfer facilities;

(b) Used oil processors, except as provided under Section 403.754(3), F.S., for certain onsite burners where such burning is done in compliance with an air permit issued by the department;

(c) Used oil fuel marketers who sell used oil fuel; and,

(d) Used oil burners of off-specification used oil.

(2) The registration form shall be accompanied by a registration fee of $100.00 per facility. It is not necessary to submit more than one form or fee if registering more than one activity, or if the registration is for an entire transportation fleet operating out of one facility site. The registration form and fee shall be due by March 1 of each year. The registration fee is waived for used oil processing facilities for which a permit fee was paid under Rule 62-710.800, F.A.C.

(3) Upon receipt of the complete and accurate electronic registration via the Department Business Portal (https://www.fldepportal.com/DepPortal/go/home) or a hard copy Form 62-730.900(1)(b) to the address listed in subsection (1) of this rule, and payment of the registration fee, the Department shall issue to each registered person a validated registration form which shall be valid until June 30 of the following year. For used oil transporters, acknowledgment of registration shall be included in the certification process of Rule 62-710.600, F.A.C. If the registration is not renewed by June 30 of the following year because the Department has not received complete and accurate registration renewal documents and the registration fee, the facility will no longer be authorized to transport, or market used oil, or used oil filters, or burn off-specification used oil.

(4) Each registered person shall display the validated registration form and identification number in a prominent place at each facility location.

(5) Each public used oil collection center shall notify the Department no later than 30 days after first accepting used oil from the public on DEP Form 62-710.901(5), “Public Used Oil Collection Center Notification and Annual Report,” effective date 4-23-13, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02071). This form can be accessed on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS #4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The Department shall acknowledge filing of the notification within 30 days of receipt.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.704, 403.754, 403.760 FS. History–New 2-25-85, Formerly 17-7.63, 17-7.630, Amended 1-17-90, Formerly 17-710.500, Amended 6-8-95, 12-23-96, 3-25-97, 6-9-05, 1-4-09, 4-23-13, 6-18-18, 11-13-19, 4-24-25.

Fla. Admin. Code R. 62-710.510 Record Keeping and Reporting

(1) Each registered person shall maintain records using Department Form 62-710.901(2), “Used Oil and Used Oil Filter Record Keeping Form and Instructions,” effective date April 2025, hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-17976), or on a substantially equivalent form which contains, at a minimum, the information required in paragraphs (a) through (e) of this subsection. The form can be accessed on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS #4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. These records shall include the following information:

(a) The source of the used oil, including the name, telephone number, and street address of each source, and the EPA Identification number of the source, if the source is required to obtain an EPA Identification number;

(b) The type and total number of gallons of used oil received from each source, including any oily wastes which may be an integral part of the used oil shipment;

(c) The date of receipt;

(d) The destination or end use of used oil and oily wastes, including the name, telephone number, and street address of each destination or end user, the EPA Identification number if applicable; and,

(e) Documentation of halogen screening or process knowledge in accordance with the requirements of 40 CFR Part 279 [as adopted in subsection 62-710.210(2), F.A.C.].

(2) Transporters shall maintain documentation of all shipments of used oil, including those accepted for transport as well as those refused due to suspected mixing with hazardous waste. A copy of this record shall be left with the generator.

(3) A generator of used oil that transports only its own used oil, as provided in 40 CFR 279.40(a)(1)-(4), [as adopted by reference in subsection 62-710.210(2), F.A.C.] or Section 403.754(2), F.S., is not subject to the record keeping and reporting requirements of this rule.

(4) The records required by this rule shall be retained for a period of three years. The records shall be kept at the street address of the registered person and shall be available for inspection by the Department during normal business hours, unless another location and inspection schedule is specified in the registration package submitted to and approved by the Department.

(5) No later than March 1 of each year, each person required to register in accordance with Rule 62-710.500, F.A.C., shall submit an annual report for the preceding calendar year to the Department on Form 62-710.901(3), “Annual Report by Used Oil and Used Oil Filter Handlers,” effective date 12-2019, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-11230). This form can be accessed on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS #4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The report shall summarize the records kept pursuant to this section.

(6) No later than July 1 of each year, each public used oil collection center shall submit to the Department an estimate of the quantity of used oil accepted from the public during the previous calendar year. The Department shall advise each public used oil collection center of this requirement by June 1 of each year.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.754, 403.760 FS. History–New 2-25-85, Formerly 17-7.64, 17-7.640, Amended 1-17-90, Formerly 17-710.510, Amended 6-8-95, 12-23-96, 3-25-97, 6-9-05, 4-23-13, 6-18-18, 11-13-19, 4-24-25.

Fla. Admin. Code R. 62-710.520 Reporting

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.754, 403.760 FS. History–New 2-25-85, Formerly 17-7.65, 17-7.650, Amended 1-17-90, Formerly 17-710.520, Amended 6-8-95, Repealed 3-25-97.

Fla. Admin. Code R. 62-710.530 Exemptions

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.754 FS. History–New 2-25-85, Formerly 17-7.66, 17-7.660, Amended 1-17-90, Formerly 17-710.530, Amended 6-8-95, Repealed 3-25-97.

Fla. Admin. Code R. 62-710.600 Certification Program for Used Oil Transporters

(1) Any used oil transporter that transports over public highways more than 500 gallons of used oil annually, not including oily waste, shall become certified pursuant to this rule. This rule shall not apply to:

(a) Any local governments or private solid waste hauler under contract to a local government that transports used oil collected from households to a public used oil collection center, or

(b) Any used oil transporter that transports its own used oil, which is generated at its own noncontiguous facilities, to its own central collection facility for storage, processing, or energy recovery. However, such used oil transporter shall provide the proof of financial responsibility required in paragraph (2)(e) of this rule.

(c) Any used oil transporter that always transports less than 55 gallons of used oil, at any time, that is stored in tightly closed containers which are secured in a totally enclosed section of the transport vehicle. For the purposes of this certification, totally enclosed means covered or otherwise protected from the weather.

(2) To become certified and to maintain certification, used oil transporters shall:

(a) Register annually with the Department and comply with the annual reporting and record keeping requirements pursuant to Rules 62-710.500 and 62-710.510, F.A.C.;

(b) Show evidence of familiarity with applicable state laws and rules governing used oil transportation by submitting a certification that the used oil transporter is familiar with applicable Florida and federal laws and rules governing used oil transportation, and has an annual and new employees training program in place covering the applicable rules;

(c) Maintain a record of training in the company’s operating record and the individual personnel files indicating the type of training received along with the dated signature of those receiving and providing the training. These records shall be retained for a minimum of three years and available for review by Department personnel during inspections;

(d) Submit to the Department an annual certification in conjunction with the annual registration required under Rule 62-710.500, F.A.C., which states that the used oil transporter is familiar with applicable Florida and federal laws and rules governing used oil transportation, has an annual and new employees training program in place covering the applicable rules that is still operating and is being adhered to and is annually reviewed and updated to address changes in regulations which apply to the operation, and which provides an explanation of any modifications to the training program; and,

(e) Have, verify, and maintain vehicle insurance with a combined single limit of no less than $1,000,000.00. Such insurance, or additional policy, must in no way exclude pollution coverage for sudden and accidental alleged or threatened discharge, dispersal, seepage, migration, release or escape of used oil, and must include any cost or expense relating to pollution damage for which the transporter is legally liable. Such insurance must be maintained at all times and be exclusive of legal defense costs.

1. The insurance required in this paragraph shall be established by:

a. Evidence of liability insurance, either on a claim made or an occurrence basis, with or without a deductible (with the deductible, if any, to be on a per occurrence or per accident basis and not to exceed ten percent of the equity of the business), using DEP Form 62-730.900(5)(a), “State of Florida Certificate of Liability Insurance Hazardous Waste Transporter and Used Oil Handler,” which is adopted and incorporated by reference in subparagraph 62-730.170(2)(b)1., F.A.C. This form can be accessed on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS #4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The insurance policy shall be issued by an agent or company authorized or licensed to transact business in the State of Florida. If the facility has an up-to-date Department Form 62-730.900(5)(a) on file with the Department, an ACORD form will be accepted for renewal of the same policy with the same carrier if the information on the ACORD form matches the Department Form 62-730.900(5)(a) the Department has on file for the facility, including the policy number, or the Department has received documentation from the insurance company certifying that the liability policy has not changed along with the ACORD form; or

b. For business entities registered in Florida, evidence of self-insurance provided by the chief financial officer of the business entity.

2. States and the federal government are exempt from the requirements of this paragraph.

(3) The Department shall issue a certification to each transporter that provides reasonable assurance of compliance with the requirements of this section, which shall be valid for the current registration period.

(4) The revocation provisions of Section 403.087(7), F.S., apply to certified used oil transporters. That statute authorizes revocations in accordance with the procedural requirements of Section 120.60, F.S., upon a finding by the Department that such transporter:

(a) Has submitted false or inaccurate information in its application;

(b) Has violated statutes which the Department is authorized to enforce, Department orders, rules, or certification conditions;

(c) Has failed to submit reports or other information required by Department rule or permit condition, or

(d) Has refused to allow inspection of its records or equipment by Department personnel or other persons when such inspection is authorized by Department rule or permit condition.

History

• Rulemaking Authority 403.061, 403.704, 403.767 FS. Law Implemented 403.767 FS. History–New 1-17-90, Formerly 17-710.600, Amended 6-8-95, 12-23-96, 3-25-97, 6-9-05, 4-23-13, 6-18-18, 4-24-25.

Fla. Admin. Code R. 62-710.800 Permits for Used Oil Processing Facilities

(1) This rule shall apply to any owner or operator of a facility that is a processor of used oil. The owner or operator shall comply with the requirements of this chapter including the requirements of 40 CFR Part 279 Subpart F.

(a) Processing does not include the removal of used oil from wastewater solely for the purpose of making the wastewater or stormwater acceptable to meet discharge limits in other permits. However, the used oil generated from such activity is subject to this chapter. Sediment material removed from an oil/water separator for disposal is subject to the requirements of Chapter 62-730, F.A.C.

(b) Permits shall not be required under this section for generators who aggregate their own used oil with virgin oil or on-specification used oil for purposes of burning on-specification used oil fuel at the aggregation site, provided a valid air permit authorizing such burning is in effect for the facility.

(c) Permits shall not be required under this section for facilities that conduct processing operations incidental to burning the used oil fuel on-site, provided a valid air permit authorizing such burning is in effect for the facility and all of the used oil fuel is burned on-site.

(2) An owner or operator of a used oil processing facility shall operate, modify, or close such a facility only pursuant to a permit issued by the Department in accordance with this chapter.

(3) Before operating, closing or making any substantial modification to a used oil processing facility, the owner or operator shall submit to the Department the Used Oil Processing Facility Permit Application, Department Form 62-710.901(6), “Used Oil Processing Facility Permit Application,” effective date 12-2019, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-11231). This form can be access on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS #4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. The engineering aspects of the application shall be certified by a Professional Engineer.

(a) Pursuant to subsections 62-4.050(6) and (7), F.A.C., a substantial modification means a modification which is reasonably expected to lead to substantially different environmental impacts which require a detailed review. For purposes of this subsection, an increase in storage capacity of the facility by 25 percent or 25,000 gallons, whichever is less, is considered a substantial modification.

(b) Pursuant to paragraph 62-4.050(4)(s), F.A.C., a minor modification means a modification that does not require substantial technical evaluation by the Department, does not require a new site inspection by the Department, and will not lead to substantially different environmental impacts or will lessen the impacts of the original permit. For purposes of this subsection, replacement of existing tanks with new tanks is considered a minor modification.

(c) Changes at a facility which involve routine maintenance, such as repair of equipment, replacement of equipment with similar equipment, aesthetic changes, or minor operational changes are not considered modifications, do not have to be reported to the Department, and require no permit fee. Facility operators are advised to contact the Department if they have questions as to whether a change would be considered routine maintenance.

(4) Notwithstanding the provisions of Rule 62-4.050, F.A.C., the fee for a used oil processor permit application, including a permit renewal application, is $2,000.00. The fee for a substantial modification to the permit is $500.00. No permit fee is required for minor modifications. Applications for renewal of permits shall be submitted to the Department at least 60 days prior to the expiration date of the existing permit in accordance with Rule 62-4.090, F.A.C.

(5)(a) The owner or operator of a used oil processing facility shall have and submit to the Department as part of its permit application a written closure plan to show how the facility will be closed to meet the following requirements:

1. There will be no need for further facility maintenance,

2. Used oil will not contaminate surface or ground water; and,

3. All tanks, piping, secondary containment and ancillary equipment will be emptied, cleaned and decontaminated, and all materials removed and managed.

(b) The closure plan shall be updated whenever significant operational changes occur or design changes are made.

(c) The closure plan shall be maintained with records required under Rule 62-710.510, F.A.C.

(d) The owner or operator shall notify the Department in writing at least 60 days prior to the scheduled date of closing the facility.

(e) Within 30 days after closing the facility, the owner or operator shall submit a certification of closure completion to the Department which demonstrates that the facility was closed in substantial compliance with the detailed closure plan. In addition to the professional certifications required by rules promulgated pursuant to Section 376.30701, F.S., the certification shall be signed by the owner or operator of the facility. Within 30 days of determining that the facility was closed in accordance with its closure plan, the Department shall release the facility from its financial assurance obligations.

(6) Financial assurance.

(a) The owner or operator of a used oil processing facility shall provide the Department with proof of financial assurance issued in favor of the State of Florida in the amount of the closing cost estimate for the facility. This proof, along with the closing cost estimate, shall be submitted to the Department as part of the permit application process for the facility. Proof of financial assurance shall consist of either a surety bond guaranteeing payment or a surety bond guaranteeing performance, which complies with the requirements of Rule 62-701.630, F.A.C. An owner or operator may request an alternate proof of financial assurance in lieu of, or in combination with, the requirement for a surety bond, consisting of one or more of the following financial instruments which comply with the requirements of Rule 62-701.630, F.A.C.: trust fund; irrevocable letter of credit; insurance; or financial test and corporate guarantee. Financial documents shall be submitted on Form 62-701.900(5)(a), (b), (c), (d), (e), (f), (g) or (h), as appropriate.

(b) For the purpose of determining the closing cost estimate, the owner or operator shall estimate the total cost of closing the facility using Form 62-710.901(7), “Used Oil Processing Facility Closing Cost Estimate Form,” effective date 12-2019, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-11232). This form can be accessed on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS #4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400], and in accordance with the closure plan pursuant to subsection (5), of this rule, for the time period in the facility operation when the extent and manner of its operation make closing most expensive. The owner or operator shall submit the estimate, together with all necessary justification, to the Department along with the proof of financial assurance. The costs shall be estimated and certified by a professional engineer for a third party to perform the work, on a per unit basis, with the source of estimates indicated. The owner or operator shall keep the latest closing cost estimate at the facility. When this estimate has been adjusted in accordance with paragraph (c) of this subsection, the latest adjusted closing cost estimate shall also be kept at the facility.

(c) The owner or operator shall annually adjust the closing cost estimate for inflation and changes in the closure plan, and shall submit updated information to the Department between January 1 and March 1 of each year. Such adjustments shall be made either by:

1. Recalculating the maximum cost of closing, in current dollars, or

2. Using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.

(d) If the value of the funding mechanism is less than the total amount of the current closing cost estimate, the owner or operator shall revise the funding mechanism to reflect the new estimate.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.704, 403.707, 403.769 FS. History–New 1-17-90, Formerly 17-710.800, Amended 6-8-95, 12-23-96, 6-9-05, 4-23-13, 6-18-18, 11-13-19, 4-24-25.

Fla. Admin. Code R. 62-710.850 Management of Used Oil Filters

(1) Prohibition. No person who removes or manages used oil filters shall dispose of such filters, or commingle such filters with other solid waste for disposal, in a landfill in Florida. It is the responsibility of the generator to make reasonable efforts to assure that such filters are not disposed of in a landfill in Florida. This prohibition shall not apply to used oil filters generated by individual households.

(2) Generators. Each generator of used oil filters whose solid waste is typically disposed of in a landfill in Florida shall either register as a used oil filter processor or shall ensure that its filters are transported by a registered used oil filter transporter and processed by a registered used oil filter processor or end user. This does not include persons who recycle engine blocks on which used oil filters remain. Generators of used oil filters are exempt from the registration and reporting requirements of this rule provided that they transport their own used oil filters in sealed containers of 55 gallons or less which are secured to a vehicle owned by the generator.

(3) Registration. The following persons shall register with the Department in accordance with the requirements of subsections 62-710.500(2) and (4), F.A.C.:

(a) Used oil filter transporters;

(b) Used oil filter transfer facilities;

(c) Used oil filter processors; and,

(d) End users of used oil filters, including scrap metal dealers, metal foundries, waste-to-energy (WTE) facilities, and thermal processing units such as cement kilns, who accept used oil filters from a person who is not a registered used oil filter processor. An end user shall not be required to comply with the provisions of this section with respect to used oil filters that have been obtained from a registered used oil filter processor.

(4) Used oil filter processors.

(a) Each registered used oil filter processor shall maintain records on Form 62-710.901(2) as adopted by reference in subsection 62-710.510(1), F.A.C., or on a substantially equivalent form which contains at a minimum, the information required in paragraphs 62-710.510(1)(a) through (e), F.A.C. These records shall include the destination or end use of the processed used oil filters, including the name and street address of each destination or end user.

(b) The records required by this subsection shall be retained for a period of three years. The records shall be kept at the street address of the registered person and shall be available for inspection by the Department during normal business hours.

(c) No later than March 1 of each year, each registered used oil filter processor shall submit an annual report for the preceding calendar year to the Department on Form 62-710.901(3) as adopted by reference in subsection 62-710.510(5), F.A.C. This report shall summarize the records kept pursuant to paragraph (a) of this subsection.

(5) Container management. General requirements for the storage of used oil filters.

(a) All persons storing used oil filters shall store used oil filters in above ground containers which are clearly labeled “Used Oil Filters,” and which are in good condition (no severe rusting, apparent structural defects or deterioration) with no visible oil leakage.

(b) The containers shall be sealed or otherwise protected from weather and stored on an oil-impermeable surface.

(c) Upon detection of a release of oil from any used oil filter container the facility owner or operator shall:

1. Stop the release,

2. Contain the released oil,

3. Clean up and manage properly the released oil and any subsequent oily waste in accordance with the provisions of Chapter 62-780, F.A.C., if applicable; and,

4. Repair or replace any leaking used oil filter storage containers prior to returning them to service.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.751, 403.754, 403.769 FS. History–New 6-8-95, Amended 12-23-96, 6-9-05, 1-4-09, 4-23-13, 4-24-25.

Fla. Admin. Code R. 62-710.900 Forms

History

• Rulemaking Authority 120.53(1), 403.061 FS. Law Implemented 403.754, 403.760, 403.767, 403.814 FS. History–New 1-17-90, Formerly 17-710.900, Amended 6-8-95, 12-23-96, Repealed 3-25-97.

Fla. Admin. Code R. 62-710.901 Forms

The form is listed by rule number, which is also the form number, and with the subject, title and effective date. The forms can be accessed on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-forms or by contacting the Permitting and Compliance Assistance Program, MS #4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) [reserved].

(2) Used Oil and Used Oil Filter Record Keeping Form and Instructions, effective April 2025, which is adopted and incorporated by reference in subsection 62-710.510(1), F.A.C.

(3) Annual Report by Used Oil and Used Oil Filter Handlers, effective 12-2019, which is adopted and incorporated by reference in subsection 62-710.510(5), F.A.C.

(4) [reserved].

(5) Public Used Oil Collection Center Notification and Annual Report, effective 4-23-13, which is adopted and incorporated by reference in subsection 62-710.500(5), F.A.C.

(6) Used Oil Processing Facility Permit Application, effective 12-2019, which is adopted and incorporated by reference in subsection 62-710.800(3), F.A.C.

(7) Used Oil Processing Facility Closing Cost Estimate Form, effective 12-2019, which is adopted and incorporated by reference in paragraph 62-710.800(6)(b), F.A.C.

History

• Rulemaking Authority 120.53(1), 403.061 FS. Law Implemented 403.754, 403.769 FS. History–New 12-23-96, Amended 6-9-05, 1-4-09, 4-23-13, 6-18-18, 11-13-19, 4-24-25.

Chapter 62-711 WASTE TIRE RULE

Fla. Admin. Code R. 62-711.300 Waste Tire Permit Requirements

(1) General provisions relating to solid waste management may be found in chapter 62-701, F.A.C., including statements of intent, definitions, prohibitions, general permitting requirements, alternate procedures, and forms. Except where the context indicates otherwise, these general provisions apply to this chapter.

(2) Waste tire processing facilities shall obtain a permit and shall meet the requirements for waste tire processing facilities in rule 62-711.530, F.A.C.

(3) Waste tire collection centers which are not exempt form permitting under subsection 62-711.300(9), F.A.C., shall obtain a permit and shall meet the requirements for waste tire collection centers in rule 62-711.550, F.A.C.

(4) Waste tire collectors shall register with the Department and shall meet the requirements for waste tire collectors in rule 62-711.520, F.A.C.

(5) In lieu of obtaining a separate waste tire processing facility permit or collection center permit, solid waste management facilities may submit existing permits for modification to authorize the storage and processing of waste tires if they maintain a waste tire site and process the waste tires for recycling or disposal. Conditions of certification for facilities certified before February 19, 1989, pursuant to chapter 403, part II, F.S., shall be automatically modified pursuant to the provisions of section 403.511(5)(a), F.S. No permit fee shall be required.

(6) Waste tire sites which are not an integral part of a waste tire processing facility shall be closed in compliance with rule 62-711.700, F.A.C.

(7) All permits issued under this rule, except for general permits pursuant to rule 62-711.801, F.A.C., must include an approved closing plan which meets the requirements of rule 62-711.700, F.A.C.

(8) All permit applications shall be accompanied by the appropriate permit fee, as specified in this chapter or in rule 62-4.050, F.A.C.

(9) A permit is not required under this chapter for tire storage at:

(a) A tire retreading business, unless 1,500 or more waste tires are stored on the business premises;

(b) A single facility that, in the ordinary course of business, removes tires from motor vehicles, unless 1,500 or more waste tires are stored on the business premises, or

(c) A retail tire-selling business which is serving as a waste tire collection center, unless 1,500 or more waste tires are stored on the business premises.

(10) Facilities which receive and consume processed tires for use as a fuel source or raw material shall not be required to obtain a waste tire processing facility permit for storage of this material, provided the following specifications and conditions are met:

(a) The processed tires conform to specifications for nominal one-inch chips, as specified in Table I, or conform to specifications for crumb rubber, as specified in Table II.

TABLE I

Nominal 1-inch Processed Tire Chip

Characteristic

Specification

Testing Procedure

Particle Size

≤ 10% by weight retained on a 2" square sieve

Sieve Analysis Procedure:

ASTM D 422-63 (Reapproved 1990)

≤ 5% total by weight passing through a # 4 sieve

Wire Content

≤ 1% by weight free wire

No established procedure. Magnetically or physically separate and weigh free wire as a % of a sample weighing 15-25 pounds

≤ 3% of the particles contain bead wire

No established procedure.

Physically separate and count particles containing bead wire as a % of a sample of at least 100 particles

TABLE II

Crumb Rubber

Characteristic

Specification

Testing Procedure

Particle Size

0% by weight retained on a .05" square sieve

Sieve Analysis Procedure:

ASTM D 422-63 (Reapproved 1990)

Wire Content

≤ 1% by weight free wire

No established procedure.

Magnetically or physically separate and weigh free wire as a % of total sample weighing 15-25 pounds

Fabric Content

≤ 10% by weight

No established procedure.

Physically separate and weigh fabric as % of a total sample weighing 15-25 pounds

(b) Storage of either nominal one-inch chips or crumb rubber shall conform to paragraphs 62-711.540(1)(b), (g) and (h), subsections (2) and (3), F.A.C., except that maximum pile height shall be limited to 10 feet.

(c) For facilities consuming nominal one-inch chips, the maximum processed tire inventory shall be limited to the following:

1. For facilities which have been in operation less than six months, one month’s projected usage based on design capacity, or

2. For other facilities, two times the average actual monthly usage during the preceding six months.

3. For single project applications, the entire stockpile shall be consumed within 120 days of its initial formation.

(d) Processed tires, including those meeting the above specifications for nominal one-inch chips or crumb rubber, shall be transported only by a registered waste tire collector.

(e) Facilities which cut, shred, or otherwise alter whole waste tires, or accept processed tires for further processing, are considered waste tire processing facilities, and the processed tires produced will be considered waste tires, even if the resulting processed tire material meets the above specifications for nominal one-inch chips or crumb rubber. Facilities that receive, consume, or process whole waste tires or processed tires other than these specified types and sizes will continue to be regulated as waste tire processing facilities.

(f) Specific references to the following document is made in this rule: ASTM Method D 422-63 (Reapproved 1990), Standard Test Method for Particle-Size Analysis of Soils, Reapproved and editorial changes made September 1990. This document is adopted as a standard and is incorporated into this rule by reference. The reference document is available for inspection at any of the Department’s district offices.

History

• Rulemaking Authority 403.704, 403.717 FS. Law Implemented 403.707, 403.717 FS. History–New 2-19-89, Amended 11-7-90, 2-28-94, Formerly 17-711.300, Amended 12-17-96, 3-22-00.

Fla. Admin. Code R. 62-711.400 Waste Tire Prohibitions

(1) No person may maintain a waste tire site unless such site is an integral part of a permitted waste tire processing facility, except as provided in rule 62-711.500, F.A.C. For the purpose of this rule, “an integral part of a waste tire processing facility” means the waste tire site is on the same property as the processing facility.

(2) No person shall dispose of waste tires except at a permitted solid waste management facility which includes any facility permitted by the Department for the disposal of waste tires. Collection or storage of waste tires at a permitted waste tire processing facility or waste tire collection center prior to processing or use does not constitute disposal, provided that the collection and storage complies with rule 62-711.540, F.A.C. Collectors are advised that it has been the experience of the Department that local law enforcement officers frequently prosecute persons who illegally dispose of waste tires under section 403.413, F.S.

(3) Whole waste tires may not be disposed of in a landfill. Waste tires that have been cut into sufficiently small parts may be disposed of or used as initial cover at a permitted landfill.

(a) For use as initial cover, a sufficiently small part means that 70 percent of the waste tire material is cut into pieces of 4 square inches or less and 100 percent of the waste tire material is 32 square inches or less.

(b) For purposes of disposal, a sufficiently small part means that the tire has been cut into at least eight substantially equal pieces. Any processed tire which is disposed of in a landfill and which does not meet the size requirement of subsection (a), above, must receive initial cover, as defined in subsection 62-701.200(53), F.A.C., once every week.

(4) No person shall store waste tires unless the waste tires are:

(a) Collected and stored at a permitted waste tire collection center;

(b) Collected and stored before processing at a waste tire site which is an integral part of a permitted waste tire processing facility;

(c) Collected and stored before processing and recycling or disposal in a permitted solid waste management facility, or

(d) Collected and stored at a facility exempted under rule 62-711.300, F.A.C.

(5) No person may contract with a waste tire collector for the transportation, disposal, or processing of waste tires unless the collector is registered with the Department or exempt from registration requirements. Any person contracting with a waste tire collector for the transportation of more than 25 waste tires per month from a single business location shall maintain records for that location and make them available for review by the Department or by law enforcement officers. These records shall contain the date when the tires were transported, the quantity of tires, the registration number of the collector, and the name of the driver.

History

• Rulemaking Authority 403.704, 403.717 FS. Law Implemented 403.717 FS. History–New 2-19-89, Amended 11-7-90, 9-8-92, 2-28-94, Formerly 17-711.400, Amended 3-22-00.

Fla. Admin. Code R. 62-711.500 Waste Tire Site Notification and Requirements

(1) The owner or operator of any waste tire site shall provide the Department with information concerning the site’s size, location, and the quantity of waste tires accumulated at the site. Form 62-701.900(20) shall be used for such information, and shall include the following:

(a) Name of owner and operator;

(b) Mailing address of owner and operator, including the telephone number and county;

(c) Location, including the street address, township, range and section, latitude and longitude;

(d) Property size and the dimensions of the waste tire pile; and,

(e) Quantity of waste tires accumulated at the site.

(2) Owners or operators of waste tire sites shall meet the storage standards of rule 62-711.540, F.A.C.

(3) Owners or operators of waste tire sites shall provide closing cost estimates for the quantity of waste tires on their site or the quantity of waste tires that they are permitted to have on their site, whichever is greater. The cost estimate shall be the amount that would be expended to remove, process, and dispose of waste tires on the site and to close the site. The costs shall be based on a third party, who is not a subsidiary or parent company, performing the work, reported on a per unit basis. Quantity estimates shall be certified by a Professional Engineer. The cost estimate shall be re-estimated at least annually and submitted to the Department at least 60 days prior to the anniversary date of the instrument.

(a) Owners or operators of waste tire sites shall provide the Department with proof of financial assurance issued in favor of the State of Florida in the amount of the closing cost estimate for the facility. This proof, along with the closing cost estimate, shall be submitted to the Department as part of the permit application for the facility. Proof of financial assurance shall consist of one or more of the following financial instruments: surety bonds, including performance bonds or financial guarantee bonds; irrevocable letters of credit; insurance; and trust funds. Financial documents shall be submitted on forms provided by the Department in accordance with the requirements of paragraphs (c) and (d) of this subsection.

(b) Landfills which meet the financial assurance requirements of rule 62-701.630, F.A.C., or which are operating under a consent order that specifies how financial assurance shall be provided are not required to submit separate closing cost estimates or financial assurance documents under this rule.

(c) 40 C.F.R. PART 264 Subpart H, which contains the United States Environmental Protection Agency (EPA) rules on financial requirements for owners and operators of hazardous waste facilities, is adopted as the financial requirements for purposes of this rule and is incorporated by reference as it appears in 40 C.F.R. 264, revised as of July 1, 1988, except:

1. The following sections of 40 C.F.R. 264 Subpart H are specifically not adopted as part of this rule:

a. 264.140(a); 264.140(b); 264.141; 264.142; 264.143(f); 264.143(h); 264.144; 264.145; 264.146; 264.147; 264.149; 264.150; and 264.151.

b. All references to 40 C.F.R. Part 265.

c. All references to 40 C.F.R. Part 264 not contained in Subpart H.

d. All references to EPA Regions.

e. All references to RCRA, or Section 3008 of RCRA.

f. All references to Post-closure Care and Post-closure Cost Estimate.

2. References in 40 C.F.R. 264 Subpart H to EPA shall mean the State of Florida Department of Environmental Protection; to Regional Administrator shall mean the Secretary of the Department; to RCRA permits shall mean waste tire processing facility permits; to closure shall mean closing the waste tire site; to EPA identification number shall mean the Department identification number; to hazardous waste shall mean waste tires; and to hazardous waste treatment, storage or disposal facilities shall mean waste tire sites.

(d) Forms 62-701.900(5)(a), (b), (c), (d), (g), and (h), as adopted in rule 62-701.900, F.A.C., are incorporated by reference herein, and shall be used when submitting proof of financial assurance under this section.

(4) Any person owning or operating a waste tire site under a Consent Order with the Department which is less stringent than this rule shall modify the Consent Order to meet the requirements of this rule. The existence of such a Consent Order, unless modified, is not a defense to any enforcement action the Department may initiate for violations of this rule.

(5) Permitted solid waste management facilities which are not an integral part of a waste tire processing facility may maintain a waste tire site only if the site is used for the storage of waste tires prior to processing. If the facility has executed a bona fide contract with a waste tire processing facility or a mobile tire chopper, cutter, or shredder which assures that all waste tires on the site will be processed every three months, it is presumed that the site is used for storage prior to processing. If all waste tires are not processed every three months, the facility must demonstrate to the Department that the site is used for storage prior to processing rather than disposal.

History

• Rulemaking Authority 403.704, 403.717 FS. Law Implemented 403.717 FS. History–New 2-19-89, Amended 2-28-94, Formerly 17-711.500, Amended 12-17-96, 3-22-00.

Fla. Admin. Code R. 62-711.520 Waste Tire Collector Requirements

(1) The requirements of this section apply to collectors of waste tires.

(2) Persons who use company-owned or company-leased vehicles to transport tire casings for the purposes of retreading between company-owned or company-franchised retail tire outlets and retread facilities owned or franchised by the same company are not considered waste tire collectors unless they also transport waste tires.

(3) Any waste tire collector engaged in collecting or transporting waste tires for the purpose of storage, sale, recycling, reuse, disposal, or processing shall display on each vehicle used a current decal with the waste tire collector registration number obtained from the Department for that vehicle. The decal shall be affixed to the outside of the driver’s front door of each vehicle used to transport waste tires. Common carriers displaying an Interstate Commerce Commission number may display decals on removable marking panels. The registered waste tire collector is responsible for all waste tire activities conducted through the use of his decal. Theft of a decal, as documented by a police report, will suspend this responsibility until the decal is recovered.

(4) To obtain or renew a waste tire collector registration number and approval to transport waste tires, a collector shall submit an application on Form 62-711.900(18) to the Department. All waste tire collector registrations expire on April 1 each year, unless renewed. Renewal applications shall be submitted annually by March 1. For a new collector, the application shall be submitted at least 30 days before the collector intends to begin transporting waste tires. The application shall contain at least the following information:

(a) The business name of the collector, any other name the collector has used when collecting tires in the last three years, the mailing address of the collector, the street address where records are kept, the telephone number of the collector, and the Federal Employer Identification number (FEID) of the collector;

(b) The name and date of birth of the individual in charge of waste tire collection operations and, for a corporation, the state and date of incorporation. Non-Florida corporations shall also include the name and address of their Florida Registered Agent;

(c) A legible copy of the current motor vehicle registration showing the state of registration, the year, make, tag number, vehicle identification number, and registered vehicle owner for each vehicle used for transporting waste tires, and, if the vehicle is not owned by the collector, the authorization of the vehicle owner for his vehicle to be registered for waste tire collection;

(d) The Interstate Commerce Commission number of the owner if the vehicle is to be operated as a common carrier;

(e) Where the waste tires will be collected, and where they will be delivered or deposited; and,

(f) For renewal applications, the annual report required in subsection (7), below.

(5) All vehicles operated by the same collector from a single location may be registered by a single application with separate listings for each vehicle.

(6) A waste tire collector shall record and maintain for three years the following information regarding its activities for each three month period of operation, which records shall be available for inspection by Department personnel during normal business hours:

(a) The total quantity of waste tires collected expressed in tons;

(b) Where or from whom the waste tires were collected and the quantity, in tons, collected from each;

(c) Where the waste tires were deposited and the quantity, in tons, deposited at each location. The waste tire collector shall keep receipts or other written materials documenting where all waste tires were deposited, stored or disposed of for at least three years.

(7) Waste tire collectors shall submit to the Department an annual report that summarizes the information collected under subsection (6), above. The information shall be submitted to the Department on Form 62-701.900(22), provided by the Department. This report shall be submitted to the Department annually by March 1 with the annual registration fee and renewal application as a condition of renewing and maintaining a registration.

(8) Any person who fails to comply with this rule is subject to having their waste tire collector registration denied, suspended, or revoked, as well as other penalties provided by law.

(9) When a waste tire collector registration expires or is surrendered, suspended or revoked, the applicant shall immediately remove all registration decals from all vehicles.

(10) A waste tire collector shall deposit waste tires for storage or disposal only at a permitted waste tire processing facility, a permitted or exempt waste tire collection center, a permitted solid waste management facility, or at another site permitted by the Department to receive waste tires. Waste tires which have been removed from their site of origin and are on board a motor vehicle are considered deposited if that motor vehicle has not moved over public highways in the previous seven days.

(11) An annual fee shall be submitted to the Department with the application for registration. The fee per vehicle is $35.00. The replacement fee for a lost or destroyed registration decal is $15.00.

(12) The Department shall, by letter, issue a restricted registration to allow a person to move waste tires from one specified location to a permitted facility within the state if necessary for the purpose of complying with an order of the Department, a court, or a local government. The original restricted registration shall be in the vehicle at any time that waste tires are being transported.

History

• Rulemaking Authority 403.704, 403.717 FS. Law Implemented 403.717 FS. History–New 2-19-89, Amended 11-7-90, 2-28-94, Formerly 17-711.520, Amended 3-22-00.

Fla. Admin. Code R. 62-711.530 Waste Tire Processing Facility Requirements

(1) All waste tires shall be stored in accordance with the waste tire site requirements in Rule 62-711.500, F.A.C.

(2) A waste tire processing facility shall not accept any waste tires for processing if it has reached its permitted storage limit for any category of waste tires, or if the number of waste tires on the site exceeds the quantity estimate in the closing cost estimate. The maximum storage limits that will be set in a waste tire processing facility permit are:

(a) For the aggregate of whole waste tires, processed waste tires, and residuals, 60 times the daily through-put of the processing equipment being used; however, whole waste tires shall not exceed 30 times the daily through-put of the processing equipment being used; and,

(b) For used tires, 10,000 used tires stored separately from other waste tires.

(3) At least 75 percent of the whole tires, used tires, and processed tires that are delivered to or are contained on the site of the waste tire processing facility at the beginning of each calendar year shall be processed and removed for disposal or recycling from the facility during the year, or disposed of on the site at a permitted solid waste management facility. Processed tires stored for recycling or disposal shall meet the minimum size requirements specified in paragraph 62-711.400(3)(b), F.A.C., unless a demonstration is made as part of a permit application or modification that storage of a larger size will not adversely affect the environment or the public health or welfare, and that storage of a larger size is necessary for purposes of recycling or transportation. Initial cover shall not be required for stored, processed tires that are not in excess of the storage limit of the facility.

(4) The owner or operator of a waste tire processing facility shall record and maintain for three years the following information regarding their activities, which records shall be available for inspection by Department personnel during normal business hours:

(a) For all waste tires shipped from the facility, the name and waste tire collector registration number of the waste tire collector who accepted the waste tires for transport, and the quantity of waste tires shipped with that collector; and if the waste tires were shipped with a person who is not a waste tire collector, the number of tires shipped, the person’s name, address and telephone number; and the place where the waste tires were deposited;

(b) For all waste tires received at the facility, the name and waste tire collector registration number of the collector who delivered the waste tires to the facility, and the quantity of waste tires received from that collector; and if more than five waste tires were delivered by a person who is not a waste tire collector, the number of tires delivered and the person’s name, address and telephone number; and,

(c) For all waste tires removed for recapping, the quantity and type removed, and the name and location of the recapping facility receiving the tires.

(5) Owners and operators of waste tire processing facilities shall submit quarterly reports to the Department that summarize the information collected under subsection (4), above. These reports shall be submitted by the 20th of the month following the close of each calendar quarter. The report shall be submitted to the Department on Form 62-701.900(21). In addition to the information required in subsection (4), above, the following information shall be included:

(a) The facility name, address and permit number;

(b) The quarter covered by the report;

(c) The total quantity, by category, of waste tires received at the facility during the quarter covered by the report;

(d) The total quantity, by category, of waste tires shipped from the facility during the quarter covered by the report;

(e) The total quantity of waste tires processed during the quarter;

(f) The total quantity, by category, of waste tires located at the facility on the last day of the quarter; and,

(g) A list of all dates on which one or more category of waste tires exceeded the storage limit, which category was in excess, and how this condition was relieved or will be relieved.

(6) Applications for processing facility permits shall be submitted to the Department on Form 62-701.900(23).

(7) Processing facilities that will process less than 1,500 tires during any 30 days and store less than 1,500 waste tires on any day may be permitted as “Small processing facilities.” The owner or operator of such a facility shall submit a permit application to the Department on Form 62-701.900(24). The application fee for a “Small processing facility” is $500.00. A small processing facility is subject to the same requirements as a waste tire processing facility, but is exempt from the specific requirements of subsections 62-711.530(1), (2) and (6), and paragraph 62-711.540(3)(e), F.A.C.

History

• Rulemaking Authority 403.704, 403.717 FS. Law Implemented 403.087, 403.717 FS. History–New 2-19-89, Amended 11-7-90, 2-28-94, Formerly 17-711.530, Amended 3-22-00.

Fla. Admin. Code R. 62-711.540 Storage Requirements

(1) All waste tire sites, collection centers, processing facilities, and disposal facilities which store waste tires shall comply with the following technical and operational standards:

(a) If the site receives waste tires from the public, a sign shall be posted at the entrance of the site stating operating hours, cost of disposal and site rules.

(b) No operations involving the use of open flames shall be conducted within 25 feet of a waste tire pile.

(c) An attendant shall be present when the site is open for business if the site receives waste tires from the public.

(d) Fire protection services for the site shall be assured through notification to local fire protection authorities. A fire safety survey shall be conducted at least annually and the survey report shall be made part of the next quarterly report.

(e) The operator of the site shall prepare and keep at the site an emergency preparedness manual. A copy of the current manual shall be kept at an off-site location designated by the operator. The manual shall be updated at least once a year and upon changes in operations at the site. The manual shall contain the following elements:

1. A list of names and numbers of persons to be contacted in the event of a fire, flood, or other emergency,

2. A list of the emergency response equipment at the site, its location, and how it should be used in the event of a fire or other emergency; and,

3. A description of the procedures that should be followed in the event of a fire, including procedures to contain and dispose of the oily material generated by the combustion of large numbers of waste tires.

(f) The operator of the site shall immediately notify the Department in the event of a fire or other emergency which poses an unanticipated threat to the public health or the environment. Within two weeks of any emergency, the operator of the site shall submit to the Department a written report on the emergency. This report shall describe the origins of the emergency, the actions that were taken to deal with the emergency, the results of the actions that were taken, and an analysis of the success or failure of the actions.

(g) The operator of the site shall maintain records of the quantity of waste tires received at the site, stored at the site, and shipped from the site.

(h) If the operator of the site is not the owner of the property, the operator shall obtain written authorization to operate the facility from the owner of the property.

(i) Communication equipment shall be maintained at the waste tire site to assure that the site operator can contact local fire protection authorities in case of a fire.

(j) The owner or operator shall provide for control of mosquitoes and rodents so as to protect the public health and welfare.

(k) An approach and access road to the waste tire site shall be kept passable for any motor vehicle at all times.

(2) All waste tire sites, collection centers, processing facilities, and disposal facilities which store waste tires indoors must comply with the following additional technical and operational standards:

(a) Tire piles may not be more than 50 feet in width, except that piles along a wall shall not be more than 25 feet in width.

(b) The width of main aisles between tire piles shall be not less than eight feet.

(c) The clearance from the top of storage to sprinkler deflectors or roof structures shall not be less than three feet.

(d) The clearance in any direction from unit heaters, radiant space heaters, duct furnaces, and flues shall not be less than three feet.

(e) When waste tires are stored up to 15 feet high, walls between adjacent warehouse areas and between manufacturing and warehouse areas shall have not less than a four-hour fire rating.

(f) When waste tires are stored over 15 feet high, walls between manufacturing and warehouse areas shall have a fire rating of not less than six hours and steel columns shall have one hour fireproofing. If the top of storage exceeds 20 feet in height, two-hour fireproofing shall be provided for the column and its connections with other structural members.

(g) An automatic sprinkler system installed in compliance with “The Standard for Storage of Rubber Tires,” NFPA 231D, published by the National Fire Protection Association, Battery March Park, Quincy, Massachusetts, incorporated herein by reference, may be substituted for fire walls and column fireproofing.

(h) At any time when an attendant is not present, access to the site shall be controlled through the use of doors, fences, gates, natural barriers, or other means.

(3) All waste tire sites, collection centers and any processing or disposal facilities which store waste tires outdoors must comply with the following additional technical and operational standards:

(a) A waste tire site shall not be constructed, maintained or operated in or within 200 feet of any natural or artificial body of water, including wetlands within the jurisdiction of the Department, except bodies of water contained completely within the property boundaries of the facility which do not ordinarily discharge from the site to surface waters. A person may maintain a waste tire site within the 200-foot setback area upon demonstration to the Department, as part of a permit application or modification, that permanent control methods for residuals will result in compliance with water quality standards in chapters 62-302 and 62-520, F.A.C. Stormwater control methods shall meet stormwater requirements of chapters 62-25 and 62-330, F.A.C., as applicable. The site shall be managed in such a way as to divert stormwater or floodwaters around and away from the storage piles. This section shall not apply to artificial reefs constructed pursuant to Department permit.

(b) An outdoor waste tire pile shall have no greater than the following maximum dimensions:

1. Width: 50 feet,

2. Area: 10,000 square feet; and,

3. Height: 15 feet.

(c) A 50-foot wide fire lane shall be placed around the perimeter of each outdoor waste tire pile. Access to the fire lane for emergency vehicles must be unobstructed at all times.

(d) Access to the site shall be controlled through the use of fences, gates, natural barriers or other means.

(e) The site shall be bermed or given other adequate protection if necessary to keep liquid runoff from a potential waste tire fire from entering water bodies.

(f) The waste tire site shall be kept free of grass, underbrush, and other potentially flammable vegetation at all times.

(4) For all waste tire sites, collection centers, processing facilities, and disposal facilities which store processed waste tires, the temperature of any above-ground piles of compacted, processed tires over ten feet high shall be monitored and may not exceed 300 degrees Fahrenheit. Temperature control measures shall be instituted so that pile temperatures do not exceed 300 degrees Fahrenheit. Temperature monitoring and controls are not required for processed tires disposed of in permitted landfills.

(5) Any residuals from waste tire processing must be managed so as to be contained onsite, and must be controlled and disposed of in a permitted solid waste management facility or properly recycled.

(6) The Department shall approve exceptions requested by an applicant as part of a waste tire processing facility permit application or modification to the preceding technical and operational standards if:

(a) No waste tires are stored on that site for more than one month; and,

(b) The Department, after consultation with the local fire authority, is satisfied that the site owner or operator has sufficient fire suppression equipment or materials on site to extinguish any potential waste tire fire within an acceptable length of time.

History

• Rulemaking Authority 403.704, 403.717 FS. Law Implemented 403.717 FS. History–New 2-19-89, Amended 11-7-90, 2-28-94, Formerly 17-711.540, Amended 3-22-00.

Fla. Admin. Code R. 62-711.550 Waste Tire Collection Center Requirements

(1) The owner or operator of a waste tire collection center shall meet the following requirements:

(a) Store no more than 1,500 waste tires at the collection center at any one time;

(b) At least once a year, remove all waste tires which are not used tires from the site for recycling, processing, or disposal; and

(c) Comply with the storage requirements in rule 62-711.540, F.A.C.

(2) Applications for collection center permits shall be submitted to the Department on Form 62-701.900(25). The application shall contain the following information:

(a) the name, address, FEID number, and telephone number of the owner and operator of the facility, and the name, address, and telephone number of the facility;

(b) A description of the general operation of the facility including quantities of waste tires received per month;

(c) A description of arrangements made to acquire fire protection services for the facility;

(d) The township, range, and section numbers and latitude and longitude of the facility; and,

(e) A description of how and where the waste tires will be disposed of.

(3) The permit for a collection center shall be valid for five years, unless revoked, suspended, or surrendered.

(4) The application fee for a collection center permit is $500.00.

History

• Rulemaking Authority 403.704, 403.717 FS. Law Implemented 403.717 FS. History–New 2-28-94, Formerly 17-711.550, Amended 3-22-00.

Fla. Admin. Code R. 62-711.700 Closing of Waste Tire Sites

History

• Rulemaking Authority 403.704, 403.717 FS. Law Implemented 403.717 FS. History–New 2-19-89, Amended 11-7-90, 2-28-94, Formerly 17-711.700, Amended 3-22-00, Repealed 2-16-12.

Fla. Admin. Code R. 62-711.801 General Permits

(1) A person operating mobile waste tire processing equipment shall operate pursuant to a general permit for each processing unit and shall meet the applicable general permit requirements in rules 62-4.510 through 62-4.540, F.A.C., and comply with the following conditions:

(a) The processing equipment shall be located at:

1. A waste tire site that is at a permitted solid waste management facility or waste tire processing facility,

2. A waste tire site or waste tire collection center or any other site where waste tires are stored that is not accepting waste tires, or

3. A waste tire collection center that is accepting waste tires if the mobile processing equipment has not operated at that site for more than three of the preceding 30 days,

(b) If the processing equipment is located at a waste tire site, the owner or operator of the waste tire site shall notify the Department as required by rule 62-711.500, F.A.C.; and,

(c) All processed tires and residuals shall be removed from the site for recycling or further processing, or shall be disposed of in a permitted solid waste management facility within 30 days after the completion of the chopping, cutting, or shredding operation.

(2) To obtain a general permit the owners and operators of the mobile equipment shall notify the Department on Form 62-701.900(19). The notification shall be submitted at least 30 days before the operation begins or the existing general permit expires. The notification shall contain the following information:

(a) The name, address, FEID number, and telephone number of the owner and operator of the mobile equipment; and,

(b) A description of the general operation of the equipment, including make, model, serial number, nameplate capacity, input size limitations, and product capabilities; and,

(c) A description of how and where the waste tires will be disposed of.

(3) Owners or operators of mobile processing equipment shall report to the Department every three months, describing each site at which the mobile equipment has operated. The owner or operator shall use Form Number 62-701.900(19) for such reports.

(4) The general permit for a mobile waste tire processing equipment shall be valid for one year. A general permit may be renewed by submission of the notification required in subsection (2), above.

(5) If mobile waste tire processing equipment operates at any site for more than 120 consecutive days, that site shall be considered a waste tire processing facility and shall require a permit pursuant to rule 62-711.530, F.A.C.

History

• Rulemaking Authority 403.704, 403.717, 403.814 FS. Law Implemented 403.717, 403.814 FS. History–New 2-19-89, Amended 2-28-94, Formerly 17-711.801, Amended 3-22-00.

Chapter 62-713 SOIL TREATMENT FACILITIES

Fla. Admin. Code R. 62-713.100 Intent

(1) Prior to adoption of this chapter, facilities which thermally treat petroleum-contaminated soil were regulated by Chapter 62-775, F.A.C. It is the intent of the Department to repeal Chapter 62-775, F.A.C., and promulgate this chapter in its place. It is also the intent of the Department to replace other rule provisions which cross-reference Chapter 62-775, F.A.C., so that they correctly reference this chapter.

(2) The purpose of this chapter is to set forth requirements for the proper design, operation and closure of facilities which treat various kinds of contaminated soil, regardless of the treatment technology used. This chapter also sets forth criteria for evaluating when contaminated soil has been adequately treated, so that it can be considered cleaned soil.

(3) This chapter provides methods for approving the treatment of contaminated materials other than soil, and for approving the beneficial use of soil and other materials which have not been treated to meet the cleaned soil criteria. These methods are intended to be applied on a case-by-case basis as part of a permit or permit modification.

(4) This chapter is intended to apply to stationary soil treatment facilities that accept contaminated soils from more than one off-site location and to mobile soil treatment facilities operated at contaminated sites prior to approval of remedial action plans. This chapter does not apply to on-site treatment at a contaminated site if the on-site treatment at the site:

(a) Has been previously approved by the Department as part of a remedial action activity, or

(b) Is allowed according to the source removal provisions of Rule 62-770.300, F.A.C.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.707 FS. History–New 8-5-99.

Fla. Admin. Code R. 62-713.200 Definitions

In addition to the definitions in Rule 62-701.200, F.A.C., and solely for the purposes of this chapter, the following words, phrases or terms shall have the following meaning:

(1) “Background concentrations” means concentrations of contaminants that are naturally occurring in the ground water, surface water, soil or sediment in the vicinity of the site.

(2) “Cleaned soil” means soil which has been treated at a soil treatment facility, which has received a completed post-treatment analysis, and which meets all of the criteria specified in subsection 62-713.520(2), F.A.C.

(3) “Contaminated soil” means soil that has become contaminated with concentrations of chemical constituents that:

(a) Are in excess of the Residential Direct Exposure soil cleanup target levels in Table II of Chapter 62-777, F.A.C.;

(b) Are in excess of the soil cleanup target levels calculated in accordance with paragraph 62-713.520(2)(c), F.A.C., or

(c) Are expected to result in exceedances of the Department’s ground water or surface water standards or criteria as evaluated in paragraph 62-713.510(6)(d), F.A.C.

(4) “Mobile soil treatment facility” means a soil thermal treatment facility which is transported to a soil contamination site for the sole purpose of treating petroleum contaminated soil from that specific site.

(5) “Non-petroleum contaminated soil” means contaminated soil which does not meet the definition of petroleum contaminated soil.

(6) “Petroleum contaminated soil” means soil which has become contaminated with one or more of the following liquid products made from petroleum: all forms of fuel known as gasoline, diesel fuel, jet fuel, kerosene, grades 2 through 6 fuel oils, crude oil, bunker C oil, residual oils; and non-hazardous petroleum based lubricating, hydraulic, and mineral oils. This definition includes soil which, although predominately contaminated with petroleum, also contains small amounts of volatile organic halocarbons provided the total weight of the volatile organic halocarbons in the soil is less than one percent of the total weight of petroleum contamination in the soil as determined by a total recoverable petroleum hydrocarbon analysis.

(7) “Soil treatment facility” means either a stationary or mobile facility designed, constructed or utilized, and permitted by the Department to handle, store, and treat or process contaminated soil. The term does not include electrical power plants in which thermal treatment of contaminated soil from its own property results in ash which is disposed of in accordance with Chapters 62-701 or 62-702, F.A.C., and it does not include facilities which treat hazardous wastes.

(8) “Stationary soil treatment facility” means a facility which treats soil contaminated with petroleum or other chemical contaminants which is generated at off-site locations and transported to the facility.

(9) “Treated soil” means soil which has undergone treatment at a soil treatment facility to reduce the levels of contaminants in the soil. Treated soil includes cleaned soil, soil which has undergone treatment but has not yet been analyzed, and soil which has undergone treatment but does not meet the definition of cleaned soil. Treated soil does not include soil which has been blended but not undergone any other treatment or processing at the facility.

(10) “Volatile organic aromatics” means the contaminants benzene, toluene, total xylenes and ethylbenzene in petroleum contaminated soil.

(11) “Volatile organic halocarbons” means organic compounds which are chemically combined with one or more of the following halogens: fluorine, chlorine, bromine or iodine. The total weight of volatile organic halocarbons in a soil sample shall be the sum of the concentrations of the individual volatile organic halocarbons listed in and determined by EPA Method 8021B or EPA Method 8260B.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.707 FS. History–New 8-5-99.

Fla. Admin. Code R. 62-713.210 Documents Incorporated by Reference

(1) EPA Publication SW-846, Chapter Nine, “Sampling Plan,” Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, 1982, Third Edition, as amended by Final Update III, May 1997.

(2) Technical Report: Development of Soil Cleanup Target Levels (SCTLs) for Chapter 62-777, F.A.C., Final report, dated May 26, 1999.

(3) The following EPA test methods found in EPA Document SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, 1982, Third Edition, as amended by Final Update III, May 1997:

(a) Method 1311, Toxicity Characteristic Leaching Procedure;

(b) Method 1312, Synthetic Precipitation Leaching Procedure;

(c) Method 8021B, Aromatic and Halogenated Volatiles by Gas Chromatography Using Photoionization and/or Electrolytic Conductivity Detectors; and,

(d) Method 8260B, Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS).

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.707 FS. History–New 8-5-99.

Fla. Admin. Code R. 62-713.220 Approval of Alternate Procedures and Requirements

(1) The owner or operator of a facility may request alternate procedures and requirements in accordance with Rule 62-701.310, F.A.C.

(2) In addition, the owner or operator may request alternate procedures and requirements from the appropriate District Office of the Department. Such a request shall be included as part of a permit application or modification, and need not be accompanied by any additional fee; however, all of the other criteria of Rule 62-701.310, F.A.C., must be met. Requests under this subsection shall be limited to the following:

(a) Treatment of materials other than soil. The Department shall approve a request to treat other soil-like materials, such as sludges, tank residues, and sorbent materials, upon a demonstration that the facility will be designed and operated to properly treat such materials, and that the materials will be evaluated and either used or disposed of in accordance with the provisions of this chapter.

(b) The beneficial use of treated soil which does not meet the criteria for cleaned soil. The Department shall approve such a request upon a demonstration that the proposed use of the treated soil will not pose a significant threat to public health or the environment. In making this demonstration for the proposed use, the owner or operator may consider background concentrations of receiving soils, whether the material will be blended with other materials, the potential pathways of exposure to the contamination, the use of institutional and engineering controls to reduce the potential for exposure, and the likelihood that the material may have unlimited distribution or come into direct contact with the public.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.707 FS. History–New 8-5-99.

Fla. Admin. Code R. 62-713.300 General Provisions

(1) Applicability.

(a) This chapter applies only to soil treatment facilities. Nothing in this chapter shall be construed to authorize the disposal of solid waste at soil treatment facilities.

(b) No person shall construct or operate a soil treatment facility without a permit issued by the Department. Persons operating soil treatment facilities under a permit (including a general permit) issued by the Department prior to August 5, 1999, may continue to operate that facility under the terms of their existing permit until it expires, except that the treated soil shall meet the requirements of Rule 62-713.520, F.A.C., by February 1, 2000. All modifications or renewals of existing permits, and all new construction or operation permits issued on or after August 5, 1999 for soil treatment facilities shall comply with this rule.

(c) The design requirements of subsections 62-713.400(1)(e) and (2), F.A.C., shall not apply to any facility for which construction was complete prior to August 5, 1999. These design requirements will apply to any lateral expansion of such a facility.

(d) Ground water monitoring plans which had been approved by the Department prior to August 5, 1999 will be considered to meet the requirements of subsection 62-713.400(3), F.A.C., provided the facility has not significantly changed its operations or types of materials accepted since that approval was given.

(e) For facilities operating under a general permit, a timely and sufficient application for an operation permit for a soil treatment facility will be considered a renewal application for purposes of Section 120.60(4), F.S.

(2) Other requirements.

(a) Soil treatment facilities are considered solid waste management facilities, and contaminated soil is considered solid waste. The following provisions of Chapter 62-701, F.A.C., will apply to such facilities unless otherwise specified herein.

1. Rule 62-701.200, F.A.C., Definitions.

2. Paragraphs 62-701.300(1) and (2)(c)-(h), F.A.C., Prohibitions.

3. Rule 62-701.310, F.A.C., Approval of Alternate Procedures and Requirements.

4. Rule 62-701.320, F.A.C., Solid Waste Management Facility Permit Requirements, General. subsection 62-701.320(12), F.A.C., regarding setbacks from airports, does not apply to soil treatment facilities unless the facility accepts soil contaminated with putrescible wastes.

(b) For stationary facilities, stormwater shall be controlled in accordance with Chapters 62-25 and 62-330, F.A.C. A copy of any permit for stormwater control issued by the Department, or documentation that no such permit is required, shall be submitted to the Department before the facility receives waste. Applicants should be aware that other government agencies may also regulate stormwater management and may require separate permits.

(c) Nothing in this chapter shall be construed to exempt a facility from compliance with local zoning or land use ordinances, or with any other laws, rules, or ordinances. Applicants should also be aware that other Department permits, including permits for air or surface water discharges or solid waste disposal, may be required for soil treatment facilities.

(d) No hazardous waste shall be accepted for treatment at a soil treatment facility unless such a facility is permitted to treat hazardous waste pursuant to Chapter 62-730, F.A.C.

(e) The blending of soils, either before or after treatment, is allowed if the activity will enhance treatment or beneficial use of the soils and if it is included in the facility’s operation plan, with the following exceptions:

1. The blending of contaminated soil with uncontaminated soil to avoid treating the contaminated soil is prohibited; and,

2. Soil which exhibits the characteristic of toxicity for metals (EPA HW No. D004-D011) as established in 40 CFR 261.24 may not be blended.

(f) The owner or operator of the facility shall maintain records of blending procedures used both before and after treatment. Either records of blending ratios with calculations to estimate total metals concentrations of blended soil or resampling and analysis of blended soil are acceptable.

(3) Permit application. A permit application to construct or operate a stationary soil treatment facility shall be submitted on Form 62-713.900(1) and shall be signed, dated and sealed by a professional engineer registered under Chapter 471, F.S. It shall provide the information required in subsections 62-701.320(5), (6), (7), (8)(a) and (14), F.A.C. and shall also include the following information:

(a) A site plan, of a scale not greater than 200 feet to the inch, which shows the facility location and identifies the proposed treated and untreated soil storage areas, total acreage of the site, and any other features which are relevant to the prohibitions or location restrictions in this rule, such as water bodies or wetlands on or within 200 feet of the site, and potable water wells on or within 500 feet of the site;

(b) A detailed description of how the applicant will comply with the facility design requirements contained in Rule 62-713.400, F.A.C.;

(c) A hydrogeological investigation which meets the criteria of Rule 62-701.410, F.A.C., and a certification signed and sealed by a professional engineer registered under Chapter 471, F.S., or a professional geologist registered under Chapter 492, F.S., that the location of the facility is not reasonably subject to sinkhole formation and has adequate subsurface strength to support the weight of the facility;

(d) A ground water monitoring plan which meets the criteria set forth in subsection 62-713.400(3), F.A.C.;

(e) An operation plan which describes how the applicant will comply with Rule 62-713.500, F.A.C.;

(f) A soil sampling and analysis plan which describes how the applicant will comply with Rule 62-713.510, F.A.C.;

(g) A detailed description of how the applicant will comply with the use of treated soil requirements contained in Rule 62-713.520, F.A.C.;

(h) A closure and long term care plan which describes how the applicant will comply with subsections 62-713.600(1) through (5), F.A.C.;

(i) The financial assurance documentation required by subsection 62-713.600(6), F.A.C.; and,

(j) Documentation that the applicant either owns the land or has legal authorization from the land owner to use the land for a soil treatment facility and to conduct long-term care.

(4) Fees. The fee for a permit to construct, operate, and close a soil treatment facility is $2,000.00. The fee for renewing a permit which does not involve additional construction or a significantly different treatment process is $1,000.00. The fee for renewing a permit involving only long-term care is $250.00. The fee for a general permit to operate a mobile soil treatment facility is $250.00.

(5) There are several requirements throughout this chapter that requests or demonstrations must be approved by the Department. Unless otherwise specifically stated, this means that the requests or demonstrations must be submitted to the appropriate Department District Office as part of a permit application or request for permit modification. The Department will evaluate such requests or demonstrations in accordance with the applicable criteria set forth in this chapter, and will approve or modify permit conditions if those criteria are met.

(6) Solely for the purposes of this chapter, the management of treated soil will not be considered to pose a “significant threat to public health or the environment” if it is used, stored, or disposed of so that:

(a) The excess lifetime cancer risk level is less than or equal to 1.0 x 10.6, or is not calculable because all potential exposure pathways have been eliminated, or the concentrations of contaminants in the treated soil are no greater than the corresponding background concentrations of the receiving soils;

(b) The hazard index (sum of the hazard quotients) is less than or equal to 1.0, or is not calculable because all potential exposure pathways have been eliminated, or the concentrations of contaminants in the treated soil are no greater than the corresponding background concentrations of the receiving soils; and,

(c) The Department’s ground water and surface water standards or criteria will not be violated.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.0877, 403.707 FS. History–New 8-5-99.

Fla. Admin. Code R. 62-713.400 Stationary Soil Treatment Facility Design Requirements

(1) Soil treatment facilities shall be designed to manage both contaminated and treated soils and to minimize their threat to public health and the environment. The design of soil treatment facilities shall be based upon technologies which can reasonably be expected to produce a treated soil which, if managed in accordance with this chapter, will not pose a significant threat to public health or the environment. A permit application for a soil treatment facility shall include the following design requirements:

(a) A description of the likely sources of the contaminated soils which are proposed to be managed and treated by the facility and identification of the contaminants of concern expected to be present in the soils from the sources described;

(b) A description of the maximum capacity of contaminated soil the facility is designed to process, either in tons per day for a continuous flow treatment process (such as thermal treatment) or total tons for a batch treatment process (such as bioremediation);

(c) A detailed description of the treatment technology and functions of all processing equipment that will be used. The description shall explain the flow of contaminated soil through all the proposed unit operations, explain the associated equipment operations in detail, and shall include:

1. Regular facility operations as they are expected to occur,

2. Procedures for start up operations, and scheduled and unscheduled shut down operations,

3. Potential safety hazards and control methods, including fire detection and control,

4. A description of any expected air emissions and wastewater discharges from the facility which may be potential pollution sources,

5. The chemical composition and usage rate of any chemical additives that will be used in the treatment process,

6. A description and usage rate of any biological additives that will be used in the treatment process,

7. Process flow diagrams for the facility operations,

8. For continuous flow treatment processes, a description of the equipment design criteria and critical operating parameters for the unit operations selected, including maximum design flowrates, required heat inputs, minimum required residence times, minimum required treatment temperatures, and expected equipment performance,

9. For batch treatment processes, a description of the design criteria and critical operating parameters, including minimum required soil holding times, minimum area requirements for treatment, maximum soil pile height, minimum distance allowed between contaminated soil windrows, minimum and maximum allowed temperatures and air flowrates, and orientation of nutrient addition or aeration piping; and,

10. For treatment technologies other than thermal treatment of petroleum soil, results of studies from pilot projects or actual operating facilities which demonstrate the feasibility of the technology proposed for treating the contaminated soils expected at the facility, and which support the proposed design criteria and operating parameters,

(d) A description of loading, unloading, and processing areas; and,

(e) A description of the leachate control system which is designed to prevent discharge of leachate and mixing of leachate with stormwater. All areas where contaminated soil is stored, where any processing takes place which could result in the release of leachate, and where treated soil which has not met the criteria as cleaned soil is stored must have an impervious surface with a leachate collection system and a cover or roof designed to prevent the contact of rainfall with the soil. For the purposes of this rule, an impervious surface means a poured concrete pad having a minimum thickness of four inches, or an asphalt concrete paving with a minimum thickness of one and one-half inches, with an additional component to restrict leaching to ground water such as a soil cement sub-base, an epoxy seal or a geomembrane.

(2) Certification. After completion of construction of a soil treatment facility, and before acceptance of any contaminated soil, the engineer of record shall certify to the Department on Form 62-701.900(2) that the permitted construction is complete and that it was done in accordance with the plans and design submitted to the Department except where minor deviation was necessary. All deviations shall be described in detail and the reasons therefore enumerated. The applicant shall provide at least seven days advance notice to the Department prior to accepting contaminated soil so that the Department has the opportunity to inspect the facility.

(3) Water quality monitoring plan. A water quality monitoring plan which meets the requirements of Rule 62-701.510 and Chapter 62-522, F.A.C. and is based upon the hydrogeological investigation required in paragraph 62-713.300(3)(c), F.A.C., shall be included with the permit application, and shall be implemented and maintained by the owner or operator, with the following additions and exceptions:

(a) All areas where contaminated soil or treated soil which has not met the criteria for cleaned soil are stored, as well as the processing area, must be located within the ground water monitoring system.

(b) The well spacing requirements of subparagraph 62-701.510(3)(d)3., F.A.C., do not apply. A minimum of one upgradient and two downgradient wells is required, as specified in Chapter 62-522, F.A.C.

(c) The water quality parameters of subsection 62-701.510(8), F.A.C., do not apply to routine testing except as described below. Rather, the routine water quality parameters for ground water sampling, surface water sampling and leachate sampling shall be based upon the types of contaminated soil the facility will treat, shall include the field parameters listed in paragraphs 62-701.510(8)(a), (b) and (c), F.A.C., for ground water, surface water and leachate, respectively, and shall also include the following test parameters:

1. For petroleum contaminated soil:

a. Volatile organic aromatics,

b. Polynuclear aromatic hydrocarbons; and,

c. Arsenic, cadmium, chromium, and lead.

2. For non-petroleum contaminated soil:

a. Volatile organic compounds,

b. Semi-volatile organic compounds,

c. Pesticides; and,

d. Arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver.

(d) For routine sampling, representative samples of ground water from background well(s) and detection wells and of surface water and leachate shall be collected and analyzed at least semi-annually.

(e) Background water quality shall be sampled and analyzed in accordance with the provisions of paragraph 62-701.510(6)(a), F.A.C. In addition, all background and detection wells shall be sampled and analyzed at least once prior to permit renewal for those parameters listed in paragraph 62-701.510(8)(a), F.A.C.

(f) The owner or operator of the facility may request a permit modification from the appropriate District Office of the Department to delete specific water quality parameters from routine analyses of samples from detection wells, surface water, and leachate. The Department will grant a request for a permit modification upon a demonstration that these parameters are not reasonably expected to be in, or derived from, the waste which was received at the facility or generated as part of the treatment process. Leachate sampling may be used to support this demonstration.

(g) The leachate sampling requirements of subparagraph 62-701.510(6)(b)2., F.A.C. shall not apply.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.707 FS. History–New 8-5-99.

Fla. Admin. Code R. 62-713.500 Operational Requirements

Owners and operators of stationary soil treatment facilities shall comply with the following operational requirements:

(1) An operation plan for the facility shall be prepared which includes:

(a) A description of general facility operations, the number of personnel responsible for the operations including their respective job descriptions, and the types of equipment that will be used at the facility;

(b) Procedures to chemically test the contaminated soil received by the facility and to properly manage or dispose of unauthorized soil;

(c) Procedures to ensure the pretreatment and post-treatment testing requirements of Rule 62-713.510, F.A.C., are properly implemented;

(d) A contingency plan to cover operation interruptions and emergencies such as fires, explosions, or natural disasters;

(e) A description of where all the contaminated soil and treated soil will be stored at the facility;

(f) Procedures to ensure operational records required in subsection (5) of this rule are adequately prepared and maintained; and,

(g) Procedures to ensure each batch of contaminated soil shall be clearly identified by source and stockpiled separately until all pretreatment sampling and analyses required by Rule 62-713.510, F.A.C, are complete.

(2) All activities at the facility shall be performed in accordance with the operation plan, the facility’s permit conditions and the requirements of this chapter. The operation plan shall be updated as operations change but no less frequently than upon renewal of the permit. The Department shall be notified of changes to the operation plan other than those required for routine maintenance.

(3) Unless an alternate quantity is included in the operation plan submitted with the permit application, which includes a demonstration that a larger volume of untreated soil can be properly managed at the facility, the maximum quantity of untreated soil stored at the facility shall be limited to:

(a) Thirty times the average daily through-put of the treatment equipment being used for continuous flow treatment processes; and,

(b) The amount of contaminated soil that can be treated based upon the minimum area and maximum soil height requirements in subparagraph 62-713.400(1)(c)9., F.A.C., for batch treatment processes.

(4) Contaminated soil shall be physically screened, or otherwise processed, in order to ensure that particles greater in size than what can be properly treated are prevented from entering into the treatment units. The allowable particle size is two inch mesh (diameter) or smaller, unless a demonstration is provided in the permit application that the treatment units can adequately process larger particles sizes. All non-treatable materials physically screened from the contaminated soil shall be disposed of at a permitted Class I landfill or Waste-to-Energy facility if allowed under that facility’s permit or certification.

(5) All operational records shall be maintained and kept at the facility for a minimum of five years and shall be available for inspection by the Department. These records shall include the following:

(a) Tonnages of soils received on a per-job basis along with the required pretreatment analytical records;

(b) Daily operating logs demonstrating that the critical operational parameters contained in subparagraphs 62-713.400(1)(c)8. and 9., F.A.C., are being achieved;

(c) Blending records required in paragraph 62-713.300(2)(f), F.A.C.;

(d) Soil testing records required on Form 62-713.900(3); and,

(e) The results of any additional soil laboratory analyses required in Rules 62-713.510 and 62-713.520, F.A.C, which are needed to operate the facility and manage the treated soil.

(6) Any hazardous waste that is inadvertently accepted or is generated at the facility as a result of the treatment process shall be managed as a hazardous waste pursuant to Chapter 62-730, F.A.C.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.707 FS. History–New 8-5-99.

Fla. Admin. Code R. 62-713.510 Soil Sampling and Analysis Plan

The permit application for a stationary soil treatment facility shall include a soil sampling and analysis plan which describes the sampling procedures necessary to properly characterize both contaminated and treated soils managed at the facility. The plan shall ensure that representative samples of the soils are obtained which exhibit the chemical concentrations of contaminants in the soils and that a sufficient number of these samples are collected to represent the variability of the contaminants in the soils.

(1) The plan shall include documentation that all sampling and analyses under this rule shall be performed in accordance with Chapter 62-160, F.A.C., and that all analyses shall be conducted with detection limits which are at or below both the relevant soil cleanup target levels in Table II of Chapter 62-777, F.A.C., and the applicable ground water or surface water standards or criteria for the chemicals of concern in the soil.

(2) The plan shall include a detailed description of the procedures which will be used to obtain representative soil samples and of the planned sample collection frequencies. This description shall apply to soil both before and after treatment. Unless otherwise specified in this section or in the soil sampling and analysis plan, the procedures contained in EPA Publication SW-846, Chapter Nine, “Sampling Plan,” shall be used.

(3) General plan requirements. The plan shall include a detailed description of the contaminants reasonably expected to be present in the contaminated soils which will be treated by the facility and the test methods that will be used to analyze the soils for these parameters both before and after treatment. Unless otherwise specified in this chapter, both the pretreatment and post-treatment testing requirements shall be based upon the contaminants reasonably expected to be present in the contaminated soils.

(4) Pretreatment testing for petroleum contaminated soil. In the description of the pretreatment testing planned for petroleum contaminated soil, the following apply:

(a) For petroleum contaminated soil from sites which have an approved Site Assessment Report according to the requirements of Chapter 62-770, F.A.C., existing data from the site assessment may be used, if documented on Form 62-713.900(3), in lieu of separate pretreatment analyses, or

(b) The sampling frequency contained in Table A shall be the minimum allowed, analyses shall be documented with the laboratory reports, and the following test parameters shall be included:

1. Volatile organic halocarbons,

2. Total recoverable petroleum hydrocarbons,

3. Total analyses for arsenic, cadmium, chromium, and lead; and,

4. For soils contaminated with used oil, analysis for total organic halogens shall also be required.

(5) Pretreatment testing for non-petroleum contaminated soil. In the description of the pretreatment testing planned for non-petroleum contaminated soil, the following apply:

(a) For non-petroleum contaminated soil from a site which has a Site Assessment Report previously approved by the Department, or a similar site assessment document previously approved by the Department, existing data from the site assessment may be used, if documented on Form 62-713.900(3), in lieu of separate pretreatment analyses, or

(b) In the description of the pretreatment testing planned for non-petroleum contaminated soil, the sampling frequency contained in Table A shall be the minimum allowed, analyses shall be documented with the laboratory reports, and the following test parameters shall be included, unless the facility owner or operator demonstrates that one or more of these parameters are not reasonably expected to be present in the contaminated soil:

1. Volatile organic compounds,

2. Semi-volatile organic compounds,

3. Pesticides; and,

4. Total analyses for arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver.

(6) Post-treatment testing. Post-treatment testing shall be designed to ensure the facility is achieving the requirements for evaluation and use of treated soil in Rule 62-713.520, F.A.C. In the description of the post-treatment testing, the following apply:

(a) The following sampling frequencies shall be used:

1. For volatile organic compounds, at least one discrete soil sample shall be collected every 400 tons of treated soil; and,

2. For all other chemicals or compounds, when continuous flow treatment processes are used, a treated soil sample shall be collected at least hourly and composited over an eight operational hour maximum time interval or at least once every 400 tons, whichever is less. If batch treatment processes are used, then a treated soil composite sample, consisting of at least four randomly selected sub-samples, shall be collected no less than once every 400 tons of treated soil.

(b) For petroleum contaminated soil, the following test parameters shall be included and all analyses shall be documented with the laboratory reports:

1. Volatile organic aromatics,

2. Total recoverable petroleum hydrocarbons,

3. Polynuclear aromatic hydrocarbons; and,

4. Total analyses for arsenic, cadmium, chromium, and lead.

(c) For non-petroleum contaminated soil, the same test parameters as are required in paragraph (b), of subsection (5), shall be included and all analyses shall be documented with the laboratory reports.

(d) Leachability impacts. In addition to the testing requirements above, post-treatment testing shall include an analysis of the potential leachability impacts from the treated soil and all analyses shall be documented with the laboratory reports. When evaluating leachability impacts from a treated soil, the concentrations of contaminants detected in the post-treatment analysis of the treated soil shall be compared to the corresponding soil cleanup target levels for leachability based on ground water and surface water criteria identified in Table II of Chapter 62-777, F.A.C. As an alternative, leachability of treated soil can also be evaluated using the Synthetic Precipitation Leaching Procedure (SPLP), EPA Method 1312, or the Toxicity Characteristic Leaching Procedure (TCLP), EPA Method 1311 for soil which was contaminated with used oil or similar petroleum products, and extracts generated by using these procedures shall be analyzed for the contaminants detected in the post-treatment analysis of the treated soil. Results of the analysis of the extracts shall be compared to the ground water and surface water criteria columns in Table I of Chapter 62-777, F.A.C.

(7) Polychlorinated biphenyls. Soil contaminated with used oil, used hydraulic oil, or used mineral oil may contain polychlorinated biphenyls (PCBs). Applicants should be aware that such contaminated soil may be regulated by the U.S. Environmental Protection Agency under 40 CFR Part 761. Such soil containing PCBs shall not be treated pursuant to this chapter at a soil treatment facility unless the following conditions are met:

(a) Soil contaminated with used oil, used hydraulic oil, or used mineral oil shall be analyzed for PCB concentrations. Soil PCB concentrations must be less than 50 ppm. Such soil shall not be blended, mixed or diluted to meet this specification.

(b) If the analytical results obtained pursuant to paragraph (a), above, are equal to or greater than 2 ppm, a sample of the used oil, used hydraulic oil, or used mineral oil source must be shown to have a PCB concentration of less than 50 ppm. If a sample of the used oil, used hydraulic oil, or used mineral oil is not available, a previous record of laboratory data and analytical results may be utilized to show the PCB concentration in the used oil, used hydraulic oil, or used mineral oil. If, after a reasonable effort, a previous record of laboratory data and analytical results cannot be located, and the basis for not being able to obtain this information is documented in writing and maintained with the facility’s operational records, then the soil may be treated in accordance with paragraph (a), above.

(8) Additional metals leachability testing. If the total concentration of a metal in a soil sample, which has been analyzed according to the requirements of Rule 62-713.510, F.A.C., exceeds its corresponding total metal concentration in Table B, then a TCLP test shall be required for the metal in that soil.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.707 FS. History–New 8-5-99.

Fla. Admin. Code R. 62-713.520 Evaluation and Use of Treated Soil

(1) The permit application for a stationary soil treatment facility shall include a description of how the treated soils will be properly used or managed so they will not pose a significant threat to public health or the environment.

(2) Cleaned soil can be land applied or used without further restrictions, except that the cleaned soil shall not be deposited in surface waters or wetlands unless it can be demonstrated that the cleaned soil is not expected to cause surface water violations or to be toxic to aquatic life and does not contain other chemicals or materials which could cause nuisance odors if saturated. Cleaned soil is treated soil which meets all of the following criteria:

(a) The concentrations of all contaminants detected in the treated soil are at or below the corresponding concentrations for Residential Direct Exposure soil cleanup target levels contained in Table II of Chapter 62-777, F.A.C., or as provided in paragraph (2)(c), below;

(b) The concentrations of all contaminants detected in the treated soil are at or below the corresponding soil cleanup target levels for leachability identified in Table II of Chapter 62-777, F.A.C. The applicant may use leachability determinations based on SPLP test results, or on TCLP test results for soil which was contaminated with used oil or similar petroleum products, in lieu of some or all of the values in Table II, to demonstrate that the Department’s ground water and surface water standards or criteria will not be violated; and,

(c) For contaminants detected in the treated soil but not listed in Table II of Chapter 62-777, F.A.C., the soil cleanup target levels for those contaminants shall be decided on a case-by-case basis and shall be calculated using the following:

1. An excess lifetime cancer risk level less than or equal to 1.0 x 10.6,

2. A hazard index (sum of the hazard quotients) less than or equal to 1.0,

3. The equations provided in Figures 4, 5, 6, 7, and 8 of Chapter 62-777, F.A.C., as applicable; and,

4. The best achievable detection limits for the chemicals of concern in the soil.

(3) When providing the demonstrations or calculations required in subsection (2), above, the applicant may use information contained in “Technical Report: Development of Soil Cleanup Target Levels (SCTLs) for Chapter 62-777, F.A.C., Final Report” dated May 26, 1999.

(4) Treated soil which does not meet the criteria for cleaned soil shall be managed in one of the following manners:

(a) It may be treated again;

(b) It may be blended in accordance with paragraph 62-713.300(2)(e), F.A.C., so that it meets the criteria for cleaned soil;

(c) It may be disposed of in a Class I landfill or Waste-to-Energy facility if allowed under that facility’s permit or certification, or

(d) It may be beneficially used in accordance with an approval of alternate procedures and requirements as provided in Rule 62-713.220, F.A.C.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.707 FS. History–New 8-5-99.

Fla. Admin. Code R. 62-713.600 Stationary Soil Treatment Facility Closure and Financial Assurance

(1) Closure. The permit application shall include a closure plan that identifies the steps needed to close the facility. The closure plan shall demonstrate how the facility will be closed to meet the following requirements:

(a) There will be no need for further facility maintenance;

(b) Contaminants from soils accepted by the facility will not be expected to cause violations of Department water quality standards;

(c) All tanks, piping, secondary containment and ancillary equipment will be emptied and cleaned or removed from the site;

(d) Storage and process tanks and integral piping shall be closed in accordance with Chapter 62-761, F.A.C.; and,

(e) Any contaminated soil or leachate on the site, including in situ soil that has become contaminated during facility operations, will be removed or treated so that it poses no significant threat to human health or the environment.

(2) At least 90 days prior to the date when contaminated soil will no longer be accepted, the owner or operator of the facility shall submit an updated and detailed closure plan to the Department to reflect any changes in the closure plan due to actual operational conditions at the facility. This updated plan shall be signed, dated and sealed by a professional engineer registered under Chapter 471, F.S.

(3) Within 90 days after receiving the final shipment of contaminated soil, the owner or operator shall remove or otherwise dispose of all soil in accordance with the approved closure plan.

(4) Closure shall be completed within 180 days after receiving the final shipment of contaminated soil. When closure is completed, the owner or operator shall provide a written certification to the Department that closure is complete. This closure certification shall be signed, dated and sealed by a professional engineer registered under Chapter 471, F.S. The Department will make an inspection within 30 days to verify the closure and advise the owner or operator of the closure status.

(5) Long-term care. The owner or operator of the soil treatment facility shall continue to monitor and maintain the facility for five years from the date of closing. This time period shall be extended if assessment monitoring or corrective action is required in accordance with subsection 62-701.510(7), F.A.C., or if site-specific conditions make it likely that any contamination which may emanate from the storage areas would not be detected within five years. Long-term care shall not be required if the owner or operator can demonstrate that all contaminated soil, as well as treated soil which has not met the criteria for cleaned soil, has been removed from the site and that site-specific conditions make it unlikely that any ground water or surface water standards or criteria will be violated. This demonstration shall be signed, dated and sealed by a professional engineer registered under Chapter 471, F.S., or a professional geologist registered under Chapter 492, F.S. Upon such a demonstration, the owner and operator of the facility shall have no further financial assurance obligations pursuant to subsection 62-713.600(6), F.A.C.

(6) Financial assurance.

(a) The owner or operator of a soil treatment facility shall provide the Department with proof of financial assurance issued in favor of the State of Florida in the amount of the closing and long-term care cost estimates for the facility. This proof, along with the closing and long-term care cost estimates, shall be submitted to the Department as part of the permit application for the facility. Proof of financial assurance shall consist of one or more of the following financial instruments which comply with the requirements of subsection 62-701.630(6), F.A.C.: trust fund; surety bond guaranteeing payment; surety bond guaranteeing performance; irrevocable letter of credit; insurance; and financial test and corporate guarantee. If the owner or operator of the facility is a local government, an escrow account which complies with the requirements of subsection 62-701.630(5), F.A.C., may be used to provide proof of financial assurance. Financial documents shall be submitted on Form 62-701.900(5)(a), (b), (c), (d), (e), (f), (g), or (h), as appropriate.

(b) For the purposes of determining the amount of proof of financial assurance that is required, the owner or operator shall estimate the total cost of closure for the facility. The annual cost of long-term care shall be estimated and listed separately, and multiplied by five years. The owner or operator shall submit the estimates to the Department along with the proof of financial assurance. The costs shall be estimated by a professional engineer registered under Chapter 471, F.S., for a third party performing the work, on a per unit basis, with the source of estimates indicated.

1. Closing costs shall include the estimated costs of compliance with subsection (1), above, assuming that the maximum amount of treated and untreated soils specified in the permit are stored at the facility.

2. Long-term care costs shall include the costs of ground water monitoring, collection and analysis.

(c) Closure cost estimates shall be updated annually in accordance with the provisions of paragraphs 62-701.630(4)(a) through (d), F.A.C.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.0877, 403.707 FS. History–New 8-5-99.

Fla. Admin. Code R. 62-713.800 Mobile Soil Treatment Facilities

A general permit is hereby granted to any person for the operation of a mobile soil treatment facility for thermal treatment of petroleum contaminated soil that will be operated in accordance with the standards and criteria set forth in Part III of Chapter 62-4, F.A.C., and this rule. The owner or operator of the mobile soil treatment facility shall notify the Department on Form 62-713.900(2) of the intent to use this general permit, and shall comply with the following requirements:

(1) A mobile soil treatment facility owner or operator who intends to thermally treat petroleum contaminated soil shall notify the appropriate District office of the Department by registered mail at least three days prior to initiating operation at a contaminated site. The Department recommends, but does not require, that the owner or operator also provide at least three days notice to the local City and County governments and local environmental agency.

(2) Any owner or operator of a permitted mobile soil treatment facility shall take appropriate measures to assure protection of the general public including the following:

(a) A security fence shall surround all areas where contaminated soil is being processed, including stockpiling, handling, and treatment areas. The fence shall extend at least six feet above ground surface. In lieu of a security fence, surveillance personnel on-site at all times is an acceptable alternative;

(b) Gate access shall be locked when no attendant is present; and,

(c) Appropriate warning notices shall be clearly posted; for example, notices should warn of the presence of contaminated soil, the presence of excavations, or the presence of equipment.

(3) Mobile soil treatment facilities shall be operated only at sites with confirmed contaminated soil and shall treat only soil native to the site.

(4) Unless transported off-site to a permitted Class I landfill, stationary soil treatment facility or Waste-to-Energy facility, soil which is excavated shall remain onsite and within the area of suspected ground water contamination until the soil has been treated so that it meets the criteria for cleaned soil in subsections 62-713.520(2)-(4), F.A.C.

(5) Excavated soil shall be stockpiled on an impermeable surface or a liner with a minimum thickness of five mils. The stockpile shall be covered by a secured plastic cover with a minimum thickness of five mils until treatment in the soil treatment unit commences.

(6) The Department recommends, but does not require, that soil treated by mobile facilities should be returned to the original excavation pit.

(7) The stockpile area for untreated soil shall be graded to direct leachate flow to return to the original excavation pit.

(8) The treatment of any non-petroleum contaminated soil is prohibited at mobile soil treatment facilities.

(9) The treatment of soil contaminated with polychlorinated biphenyls (PCBs) is prohibited at mobile soil treatment facilities.

(10) For thermal treatment technologies other than rotary kiln thermal treatment units, the results of studies from pilot projects or actual operating facilities which demonstrate the feasibility of the technology proposed for treating the petroleum contaminated soil shall be included as part of the notification to use this general permit.

History

• Rulemaking Authority 403.061, 403.704, 403.814 FS. Law Implemented 403.707, 403.814 FS. History–New 8-5-99.

Fla. Admin. Code R. 62-713.900 Forms

The forms used by the Department for soil treatment facilities are adopted and incorporated by reference in this section. The form is listed by rule number, which is also the form number, and with the title, subject and effective date. Copies of forms may be obtained from a local District Office or by writing to the Florida Department of Environmental Protection, Solid Waste Section, MS 4565, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Form 62-713.900(1): Application for Permit to Construct or Operate a Stationary Soil Treatment Facility, effective August 5, 1999.

(2) Form 62-713.900(2): Notification of Intent to Use a General Permit to Construct or Operate a Mobile Soil Treatment Facility, effective August 5, 1999.

(3) Form 62-713.900(3): Soil Testing Reporting Form, effective August 5, 1999.

History

• Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.0877, 403.707 FS. History–New 8-5-99.

Chapter 62-716 SOLID WASTE GRANTS PROGRAM, ANNUAL REPORTS, AND RECYCLING

Fla. Admin. Code R. 62-716.100 Intent

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Formerly 17-716.100, Amended 11-16-94, Repealed 2-16-12.

Fla. Admin. Code R. 62-716.200 Definitions

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Formerly 17-716.200, Amended 11-16-94, Repealed 2-16-12.

Fla. Admin. Code R. 62-716.300 General Grant Application Requirements

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.7095 FS. History–New 5-16-89, Formerly 17-716.300, Amended 11-16-94, 12-17-13, Repealed 7-31-18.

Fla. Admin. Code R. 62-716.310 Disbursement of Funds

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.7095 FS. History–New 5-16-89, Amended 7-14-91, Formerly 17-716.310, Amended 11-16-94, 12-17-13, Repealed 7-31-18.

Fla. Admin. Code R. 62-716.320 Grant Recordkeeping

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Formerly 17-716.320, Amended 11-16-94, Repealed 2-8-17.

Fla. Admin. Code R. 62-716.400 Specific Recycling and Education Grant Application and Matching Requirements

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Amended 7-14-91, Formerly 17-716.400, Amended 11-16-94, Repealed 2-16-12.

Fla. Admin. Code R. 62-716.410 Recycling and Education Grant Eligibility Requirements

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Amended 7-14-91, Formerly 17-716.410, Amended 11-16-94, Repealed 2-16-12.

Fla. Admin. Code R. 62-716.420 Recycling and Education Grant Special Requirements

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Formerly 17-716.420, Amended 11-16-94, 2-20-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-716.430 Use of Recycling and Education Grant Funds

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Formerly 17-716.430, Amended 11-16-94, Repealed 2-16-12.

Fla. Admin. Code R. 62-716.440 Allocation of Recycling and Education Grant Funds

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.706, 403.7095 FS. History–New 5-16-89, Formerly 17-716.440, Repealed 2-16-12.

Fla. Admin. Code R. 62-716.450 Solid Waste Annual Reports

By April 1 of each year, beginning in 2013, each county shall submit a report to the Department concerning its annual solid waste management program and recycling activities. This report shall be submitted electronically using the Department’s designated format, including using electronic systems where established by the Department at https://connect.re-trac.com/registration/fldep-county-report, and shall include the information required by section 403.706(7), F.S. Counties experiencing a technological hardship may request an exemption from the electronic submission requirement by submitting the County Annual Report on paper on Form 62-716.450. That designated format is Form 62-716.450, County Annual Report, effective [7-31-18], is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-08858). Copies of this form are available on the internet at http://www.floridadep.gov/waste/waste-reduction/content/forms-chapter-62-716-solid-waste-grants-program or by contacting the Waste Reduction and Registration Section, MS #4555, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. Counties seeking additional recycling credits other than the data certified by the Department shall provide supporting documentation as requested. Data not verifiable by the Department shall not receive recycling credits.

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.706 FS. History–New 5-16-89, Formerly 17-716.450, Amended 12-17-13, 7-31-18.

Fla. Admin. Code R. 62-716.460 Annual Recycling Reports

(1) Section 403.7032(3), F.S., requires each state agency, public institution of higher learning, community college, and state university, including all buildings that are occupied by municipal, county, or state employees and entities occupying buildings managed by the Department of Management Services, to annually report all recycled materials and submit the Annual Recycling Report from Public Sector Entities to Counties to the county using the Department’s designated reporting format. That designated format is Form 62-716.460(1), Annual Recycling Report from Public Sector Entities to Counties, effective [7-31-18], hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-08859), and which shall be submitted electronically, including using electronic systems where established by the Department at https://connect.re-trac.com/registration/fl-public-sctr-annl-rpt. Public Sector Entities experiencing a technological hardship may request an exemption from the electronic submission requirement by submitting this Annual Recycling Report from Public Sector Entities to Counties on paper on Form 62-716.460(1). Copies of this form are available on the internet at http://www.floridadep.gov/waste/waste-reduction/content/forms-chapter-62-716-solid-waste-grants-program or by contacting the Department of Environmental Protection, Waste Reduction and Registration Section, MS #4555, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(2) Section 403.7032(3), F.S., encourages certain private businesses to annually report the amount of materials they recycle and submit the Annual Voluntary Recycling Recognition Form to the county using the Department’s designated reporting format. That designated format is Form 62-716.460(2), Annual Voluntary Recycling Recognition Form, effective [7-31-18], hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-08860), and which shall be submitted electronically, including using electronic systems where established by the Department at https://connect.re-trac.com/registration/fl-annual-vol-rec-rep. Businesses experiencing a technological hardship may request an exemption from the electronic submission requirement by submitting the Annual Voluntary Recycling Recognition Form on paper on Form 62-716.460(2). Copies of this form are available on the internet at http://www.floridadep.gov/waste/waste-reduction/content/forms-chapter-62-716-solid-waste-grants-program or by contacting the Waste Reduction and Registration Section, MS #4555, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(3) In accordance with section 403.7032, F.S., Florida’s long-term goal for recycling efforts is to recycle at least 75 percent of the municipal solid waste that would otherwise be disposed. As part of the Department’s comprehensive recycling program that is designed to achieve this goal, it is important for the Department to provide statewide recognition of successful recycling efforts by schools, businesses, public groups, and private citizens. In order to be considered for such recognition, those entities must complete Form 62-716.900(6), Annual Voluntary Recycling Recognition Form, as discussed in subsection (2), above.

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.7032, 403.706 FS. History‒New 12-17-13, Amended 7-31-18.

Fla. Admin. Code R. 62-716.470 Voluntary Certification Program for Materials Recovery Facilities

(1) Any owner or operator of a materials recovery facility that wishes to participate in the voluntary certification program established in section 403.705(4), F.S., shall submit an application electronically or on paper for certification using Form 62-716.470, Application for Voluntary Materials Recovery Facility Certification, effective [7-31-18], hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-08861). Copies of this form are available on the internet at http://www.dep.state.fl.us/waste/quick_topics/forms/pages/62-716.htm or by contacting the Waste Reduction and Registration Section, MS #4555, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This form may be submitted along with a request to modify the facility’s permit, or it may be submitted as part of a new or renewal permit application.

(2) To qualify for certification, the owner or operator must demonstrate that:

(a) The facility recycles at least 50% of the municipal solid waste received, on an average annual basis, as reported on Form 62-701.900(7), Annual Report for a Construction and Demolition Debris Facility, as required by paragraph 62-701.710(8)(b), F.A.C., which is hereby adopted and incorporated by reference; and,

(b) Neither the facility nor the owner or operator have been the subject of a formal enforcement action that resulted in a finding that a violation of Florida statutes, rules, orders, or permit conditions occurred within 12 months prior to the submittal of the certification application.

(3) Where the applicant qualifies for certification in accordance with subsection (2), above, the certification shall be issued for the corresponding calendar year. The department will annually verify eligibility for certification via the form referenced in paragraph (2)(a), to determine the continued eligibility of the certificate holder during the tenure of its permits. Where the certificate holder qualifies for certification for subsequent calendar years during the tenure of its permit, a certification shall be issued annually for each of the corresponding subsequent calendar years.

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.705, 403.7032, 403.706 FS. History‒New 12-17-13, Amended 7-31-18.

Fla. Admin. Code R. 62-716.480 Methods and Criteria for Calculating County Recycling Rates

(1) Section 403.7032, F.S., establishes a statewide goal to recycle at least 75 percent of municipal solid waste by the year 2020. Section 403.706, F.S., establishes interim recycling goals for counties, and requires the Department to adopt rules establishing the method and criteria to be used by counties in calculating their recycling rates. This rule section is intended to implement this statutory requirement.

(2) Methods.

(a) In order to calculate its annual recycling rate, a county shall use the following formula: total amount of municipal solid waste generated within its boundaries that is recycled, divided by the total amount of municipal solid waste generated within its boundaries that is recycled, land disposed, or combusted.

(b) Per section 403.706(4)(a), F.S., each megawatt-hour produced by a renewable energy facility using solid waste as a fuel shall count as 1 ton of recycled material. If a county creating renewable energy from solid waste implements and maintains a program to recycle at least 50 percent of municipal solid waste by means other than creating renewable energy, that county shall count 1.25 tons of recycled materials for each megawatt-hour produced. If waste originates from a county other than the county in which the renewable energy facility resides, the originating county shall receive such recycling credit. The above calculations apply equally to facilities producing renewable energy from either waste-to-energy or landfill gas.

(c) Any byproduct resulting from the creation of renewable energy that is recycled shall count towards the county recycling goals in accordance with the methods and criteria developed in this section.

(d) For Class I landfills that collect and beneficially use landfill gas and accept yard trash, if the landfill gas is used to generate electricity, the recycled materials credit for the yard trash component is included in the recycled materials credit calculation for all solid waste in paragraph (b), above. For other beneficial uses of landfill gas in Class I landfills, the recycled materials credit attributable for yard trash is determined by the following process:

1. Determine the fraction of the municipal solid waste that was disposed in the landfill which was attributable to yard trash, after subtracting any amounts of yard trash that were used for landfill cover or other uses that have already received recycling credit.

2. Determine the megawatt-hours equivalent of the landfill gas beneficial use which was attributable to yard trash. Unless the owner or operator demonstrates that a different conversion rate is more accurate for site-specific conditions, for the purposes of this section, 1,000,000 cubic feet of landfill gas will be considered equivalent to 150 megawatt-hours of electricity.

3. Multiply subparagraph 1., above, by subparagraph 2., above, to determine the equivalent electricity generation that would have been attributable to landfill gas derived from yard-trash. Each megawatt-hour equivalent derived from yard trash will count as one ton of recycled material.

4. For example, assume that a landfill receives 1,000 tons of municipal solid waste in a year, of which 200 tons is yard trash. 50 tons of this yard trash was used as cover material and separately receives recycling credit for this use, so 150 tons of yard trash counts toward the production of landfill gas. This landfill produces 1,000,000 cubic feet of natural gas in a year. Thus, the landfill produces the equivalent of 150 megawatt-hours, for which 15% of the waste stream is yard trash, so the landfill would get credit for recycling the equivalent of 22.5 megawatt-hours or 22.5 tons of yard trash associated municipal solid waste.

(e) Each ton of municipal solid waste used as daily, intermediate, or final cover in solid waste disposal facilities in accordance with the permit conditions for such facilities shall count as one ton of recycled material. This recycled materials credit shall be limited to the amount required for the particular category of cover on a given facility. Material used in excess of this amount shall be counted as waste disposed. If recycling credit is being claimed for the use of municipal solid waste in landfill cover, any landfill gas renewable energy recycling credit shall be reduced by the ratio of municipal solid waste used as landfill cover (in tons) divided by total municipal solid waste disposed in that landfill.

(3) Criteria.

(a) Municipal solid waste includes only that waste that is, or if not otherwise recycled, may normally be collected through a public or private solid waste management service. Such services can include garbage collection services, recycling collection services, and remediation services. All construction and demolition debris shall be considered municipal solid waste for the purposes of this section. Automobiles, including scrap metal or shredder residue, are not considered municipal solid waste.

(b) Municipal solid waste does not include solid waste from industrial, mining, or agricultural operations, even if that waste is collected by a public or private solid waste management service. However, office and cafeteria waste from these facilities is considered municipal solid waste.

(c) Recycling includes any process by which municipal solid waste is reused or returned to use in the form of raw materials or products. Raw materials or products may include fuels or fuel substitutes. For example, the use of waste tires as fuel, or the production of biofuels made from municipal solid waste, or the conversion of post-use polymers to crude oils and fuels, would be considered recycling for the purpose of calculating county recycling rates. However, the amount of recycled materials credit that may be claimed for the production of certain fuel products made solely from wood or paper wastes is limited in accordance with section 403.706(4)(b), F.S. Incineration for purposes of disposal shall not be considered recycling except as may otherwise be provided in this chapter.

(d) Recycling does not include any process that is a use that constitutes disposal, even if that process does have some beneficial use. For example, the use of municipal solid waste as fill material in a manner that constitutes disposal, such as filling a borrow pit with unprocessed construction and demolition debris, would not be considered recycling for the purpose of calculating county recycling rates. The use of processed clean debris as fill material, or the use of other processed municipal solid waste authorized by the department pursuant to a permit or other order issued under part IV of chapter 373; chapter 378, or 403, F.S., for use as fill material, is not considered a use that constitutes disposal, as long as such use is integral to a land improvement project (including environmental land reclamation or restoration) or is necessary for the construction of appurtenant structures or facilities as part of a real property improvement.

History

• Rulemaking Authority 403.704, 403.706, 403.708 FS. Law Implemented 403.7032, 403.706, 403.708 FS. History‒New 12-17-13, Amended 7-31-18.

Fla. Admin. Code R. 62-716.500 Specific Small County Consolidated Grant Application Requirements

(1) All counties with a total population of fewer than 110,000 are eligible for annual consolidated grants, pursuant to section 403.7095(1), F.S.

(2) By June 1 of each year, the Department shall notify each eligible county to submit a completed application Form 62-716.500, Small County Consolidated Solid Waste Grant Application, effective [7-31-18], hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-08862). Copies of this form are available on the internet at http://www.floridadep.gov/waste/waste-reduction/content/forms-chapter-62-716-solid-waste-grants-program or by contacting the Financial Management & Procurement Program, MS #4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(3) No later than August 1 of each year, each eligible county applying for a grant shall submit electronically or on paper a complete application to the Department for approval.

(4) Consolidated grants may be used for general solid waste management, litter prevention and control, waste tire collection and disposal, and recycling and education programs.

(5) Applications received from local governments that have not returned to the Department any unexpended or unaccounted-for funds from prior year solid waste grants shall be rejected by the Department. Applications from local governments that have not met their obligations under the terms of any previous grant agreements for funds under this Chapter shall also be rejected by the Department.

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.7095 FS. History–New 5-16-89, Formerly 17-716.500, Amended 11-16-94, 12-17-13, 7-31-18.

Fla. Admin. Code R. 62-716.510 Use of Small County Grant Funds

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.7095 FS. History–New 5-16-89, Formerly 17-716.510, Repealed 2-16-12.

Fla. Admin. Code R. 62-716.600 Specific Waste Tire Grant Application Requirements

History

• Rulemaking Authority 403.704, 403.7095 FS. Law Implemented 403.7095 FS. History–New 5-16-89, Amended 7-14-91, Formerly 17-716.600, Amended 11-16-94, 12-17-13, Repealed 2-8-17.

Fla. Admin. Code R. 62-716.610 Allocation of Waste Tire Grant Funds

History

• Rulemaking Authority 403.704, 403.7095, 403.716 FS. Law Implemented 403.7095, 403.716 FS. History–New 5-16-89, Formerly 17-716.610, Amended 11-16-94, Repealed 2-16-12.

Fla. Admin. Code R. 62-716.620 Use of Waste Tire Grant Funds

History

• Rulemaking Authority 403.704, 403.7095, 403.719 FS. Law Implemented 403.7095, 403.719 FS. History–New 5-16-89, Formerly 17-716.620, Amended 11-16-94, 2-20-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-716.700 Litter Control and Prevention Grants

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.4131 FS. History–New 11-16-94, Amended 2-20-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-716.900 Forms

History

• Rulemaking Authority 120.55, 403.061, 403.704 FS. Law Implemented 120.55, 403.7032, 403.706, 403.7095 FS. History–New 5-16-89, Amended 7-14-91, Formerly 17-716.900, Amended 11-16-94, 2-20-96, 12-17-13, Repealed 2-8-17.

Chapter 62-722 REGULATION OF RECOVERED MATERIALS

Fla. Admin. Code R. 62-722.100 Purpose, Scope and Intent

History

• Rulemaking Authority 403.061, 403.7046 FS. Law Implemented 403.705, 403.7046 FS. History–New 1-1-95, Repealed 12-17-96.

Fla. Admin. Code R. 62-722.200 Definitions

The definitions in Rule 62-701.200, F.A.C., apply to this chapter unless the context clearly indicates otherwise. In addition, the following terms are defined in Section 403.703, Florida Statutes (F.S.): “County,” “Department,” “Gasification,” “Materials recovery facility,” “Municipality,” “Person,” “Processing,” “Pyrolysis,” “Pyrolysis facility,” “Recovered materials processing facility,” “Recyclable material,” “Recycling,” “Solid waste,” and “Source separated.” The following words, phrases, or terms as used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings:

(1) “Amount of recovered materials or post-use polymers” means the amount of the types of recovered materials or post-use polymers received by a certified person or a registrant, measured in short tons (2,000 pounds equals one short ton).

(2) “Certified person” means any person who handles, purchases, receives, recovers, sells or is an end user of 600 tons or more per year of recovered materials or post-use polymers, reports to, and is certified by the Department pursuant to this chapter. A person whose activities are limited strictly to the transportation of recovered materials or post-use polymers is not considered to be a person who handles, purchases, receives, recovers, sells, or is an end user of recovered materials or post-use polymers.

(3) “End user” means a person who makes a product utilizing recovered materials or post-use polymers as a raw material in place of, or in addition to, virgin raw materials and who receives 600 tons or more per year of recovered materials or post-use polymers from persons in Florida who are not certified.

(4) “Exempt generator” means:

(a) Any person who produces recovered materials or post-use polymers; and,

(b) Annually transfers all of its recovered materials or post-use polymers to a person who is certified by the Department pursuant to Rule 62-722.400, F.A.C., or who annually transfers an amount of recovered materials or post-use polymers less than 600 tons to any combination of in-state persons who make a product utilizing recovered materials or post-use polymers as a raw material in place of, or in addition to, virgin raw materials, or to persons out of this state.

(5) “Hazardous waste” means a solid waste regulated by the Department as a hazardous waste pursuant to Chapter 62-730, F.A.C.

(6) “Nonexempt generator” means:

(a) Any person who produces recovered materials or post-use polymers; and,

(b) Annually transfers an amount of 600 tons or more of recovered materials or post-use polymers to any combination of in-state persons who make a product utilizing recovered materials or post-use polymers as a raw material in place of, or in addition to, virgin raw materials, or to persons out of this state.

(7) “Post-use polymer” means a plastic polymer that is derived from any domestic, commercial, or municipal activity and which might otherwise become waste if not converted to manufacture crude oil, fuels, or other raw materials or intermediate or final products using gasification or pyrolysis. As used in this chapter, post-use polymer may contain incidental contaminants or impurities, such as paper labels or metal rings. Post-use polymers intended to be converted as described above are not solid waste or recovered materials. Post-use polymers do not include hazardous waste nor post-use polymers in small quantities.

(8) “Recovered materials” means metal, paper (including cardboard), glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. Recovered materials do not include post-use polymers, hazardous waste, or other important recyclable materials such as lumber, concrete, brick, wallboard, waste tires, used oil filters, and other materials that are not one of the six types of recovered materials that are specifically identified according to Section 403.703, F.S.

(9) “Registrant” means any certified person who is registered with and reports to a local government pursuant to the requirements of this chapter. A person whose activities are limited strictly to the transportation of recovered materials or post-use polymers are not considered to be a person who handles, purchases, receives, recovers, sells, or is an end user of recovered materials or post-use polymers.

(10) “Small quantity” means an amount less than 600 tons per year of the total amount of all recovered materials or post-use polymers.

History

• Rulemaking Authority 403.061, 403.704, 403.7046 FS. Law Implemented 403.703, 403.704, 403.7046 FS. History–New 1-1-95, Amended 12-17-13, 8-31-25.

Fla. Admin. Code R. 62-722.300 Exemptions

(1) The following persons are exempt from the requirements of this chapter:

(a) Exempt generators; and,

(b) Persons who handle, purchase, receive, recover, sell or use recovered materials in small quantities.

(2) For purposes of Section 403.7046(2)(b), F.S., persons who are exempt from or otherwise not subject to the requirements of this chapter shall not be required by any local government to provide a copy of any certification under this chapter to a local government.

(3) Persons whose activities involve handling, purchasing, receiving, recovering, selling or end using waste tires and who are regulated by the Department pursuant to Chapter 62-711, F.A.C., are not required to report information regarding such waste tires pursuant to this rule chapter.

(4) Persons whose activities involve handling, purchasing, receiving, recovering, selling or end using used oil filters and who are regulated by the Department pursuant to Chapter 62-710, F.A.C., are not required to report information regarding such used oil filters pursuant to this rule chapter.

History

• Rulemaking Authority 403.061, 403.7046 FS. Law Implemented 403.7046 FS. History–New 1-1-95, Amended 12-17-96.

Fla. Admin. Code R. 62-722.400 Procedures for Certification and Reporting

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Form 62-722.400(9)(d), Reporting Form for Post-Use Polymers, incorporated by reference in subsection 62-722.400(2), F.A.C., effective date August 2025 http://flrules.org/Gateway/reference.asp?No=Ref-18237.

History

• Rulemaking Authority 403.061, 403.704, 403.7046 FS. Law Implemented 119.0715, 403.705, 403.7046 FS. History–New 1-1-95, Amended 12-17-96, 12-17-13, 8-31-25, 2-17-26.

Fla. Admin. Code R. 62-722.500 Revocation of Certification

History

• Rulemaking Authority 403.061, 403.7046 FS. Law Implemented 403.087, 403.091, 403.7046 FS. History–New 1-1-95, Repealed 12-17-96.

Fla. Admin. Code R. 62-722.600 Procedures for Registration and Reporting

History

• Rulemaking Authority 403.061, 403.7046 FS. Law Implemented 403.7046 FS. History–New 1-1-95, Amended 12-17-96, Repealed 2-16-12.

Fla. Admin. Code R. 62-722.900 Forms

History

• Rulemaking Authority 120.53, 403.061, 403.7046 FS. Law Implemented 120.53, 403.7046 FS. History–New 1-1-95, Repealed 12-17-96.

Chapter 62-730 HAZARDOUS WASTE

Fla. Admin. Code R. 62-730.001 Declaration and Intent

History

• Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.72, 403.721 FS. History–New 5-28-81, Amended 9-8-81, 12-6-81, 3-4-82, 5-19-83, 1-5-84, 7-22-85, Formerly 17-30.01, 17-30.001, 17-730.001, Amended 1-29-06, Repealed 2-16-12.

Fla. Admin. Code R. 62-730.020 Definitions

(1) The Department adopts by reference the definitions contained in 40 Code of Federal Regulations (CFR) 260.10 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18161, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.asp?No=Ref-18160, except for the optional addition of “or 267.101” to subsection (2), of the definition of “facility” in the Federal Register dated September 8, 2005 (70 FR 53419).

(2) When the same word, phrase, or term is defined in Part IV of Chapter 403, F.S., and 40 C.F.R. 260.10 and the definitions are not identical, the definitions as given in the state statute shall apply.

(3)(a) References to 40 C.F.R. Part 261 [as adopted in subsection 62-730.030(1), F.A.C.] shall mean rules adopted by DEP regarding identification of hazardous wastes; references to 40 C.F.R. Part 262 [as adopted in subsection 62-730.160(1), F.A.C.] shall mean rules adopted by DEP regarding generators of hazardous wastes; references to 40 C.F.R. Part 263 [as adopted in subsection 62-730.170(1), F.A.C.] shall mean rules adopted by DEP regarding transporters of hazardous wastes; references to 40 C.F.R. Parts 264 [as adopted in subsection 62-730.180(1), F.A.C.] and 265 [as adopted in subsection 62-730.180(2), F.A.C.] shall mean rules adopted by DEP regarding treaters, storers, and disposers of hazardous wastes; references to 40 C.F.R. Part 266 [as adopted in subsection 62-730.181(1), F.A.C.] shall mean rules adopted by DEP regarding standards for the management of specific hazardous wastes; references to 40 C.F.R. Part 268 [as adopted in subsection 62-730.183, F.A.C.] shall mean rules adopted by DEP regarding land disposal restrictions; references to 40 CFR Part 273 [as adopted in subsection 62-730.185(1), F.A.C.] shall mean rules adopted by DEP regarding standards for universal waste management; and references to 40 C.F.R. Parts 270 [as adopted in subsection 62-730.220(1), F.A.C.] and 124 [as adopted in subsection 62-730.200(3), F.A.C.] shall mean rules adopted by DEP regarding permitting of hazardous waste facilities or Section 403.722, F.S.

(b) Unless specifically indicated otherwise, when used in any provisions as may be adopted in this chapter from 40 C.F.R. Parts 124 and 260 through 273: “U.S. Environmental Protection Agency” or “EPA” shall mean DEP, except in reference to regulations on international shipments, manifest registry functions, or the electronic manifest system; and “Administrator” or “Regional Administrator” or “State Director” shall mean Secretary (including the Secretary’s designee, where appropriate), except in reference to regulations on international shipments.

1. Substitutions as described in paragraph (3)(b) of this rule, shall not be made in 40 C.F.R.: 124.6(e); 124.10(c)(1)(ii); 260.11(a); 261.4(a)(24)(v)(B); 261.4(h)(4)(iii); 261.10; 261.11; 261.143(e)(4); 261.143(g); 261.147(a)(1)(i); 261.147(b)(1)(i); 261.147(f)(4); Part 261, Appendix IX; 262.32(b)(1); 264.1082(c)(4)(ii); 265.1083(c)(4)(ii); 268.1(e)(3); 268.2(j); 268.13; 268.40(b); 270.2; 270.10(e)(2) and (3); 270.10(f)(2) and (3); 270.10(g)(1); 270.11(a)(3); 270.32(b)(2); 270.72(a)(5) and (b)(5); and 273.32(a)(3).

2. Substitutions as described in paragraph (3)(b) of this rule, shall not be made and alternative substitutions or deletions shall be made as described in the following:

a. Replace “Waste Identification Branch (5304)” with “Characteristics Section (OS-333)” in 40 C.F.R. 261.4(b)(11)(ii).

b. Delete “in the Region where the sample is collected” in 40 C.F.R. 261.4(e)(3)(iii).

c. Delete “for the Region in which the generator is located” in 40 C.F.R. 262.42(a)(2) and (b).

d. Replace “a State” with “Florida” in 40 C.F.R. 264.1(g)(1) and 265.1(c)(5).

e. Replace “regional EPA Office” and “EPA regional office” with “Department district office” in 40 C.F.R. 273.18(g), 273.38(g) and 273.61(c).

3. “Department” shall not be substituted for “EPA” in 40 C.F.R. 263.10(a) or in the 40 C.F.R. as adopted for the following phrases: “EPA Identification Number,” “EPA identification number(s),” “EPA ID number,” “EPA hazardous waste number(s),” “EPA hazardous waste codes,” “EPA publication,” “EPA Acknowledgement of Consent,” and “EPA form.”

(c) Any reference to the Federal Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (RCRA) and its amendments, within 40 C.F.R. Part 124 and Parts 260 through 273 as adopted by reference herein, shall be construed to refer to comparable provisions of the Florida Resource Recovery and Management Act (FRRMA) as established in Part IV of Chapter 403, F.S., and the Federal Solid Waste Disposal Act, as amended.

(d) References to Section 1004(5) of RCRA, which is the definition of hazardous waste, shall mean Section 403.703(21), F.S.

(e) References to Section 3010 of RCRA shall mean notification requirements of Florida Law.

(f) References to “RCRA Subtitle C Site Identification Form (EPA Form 8700-12),” “Site Identification Form,” “EPA Form 8700-12,” and “form 8700-12” shall mean Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity” [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.] and references to “EPA Form 8700-13A/B” shall mean Form 62-730.900(8), “RCRA Subtitle C Site Identification and Hazardous Waste Report” [adopted by reference in paragraph 62-730.150(3), F.A.C.].

(4) References in this chapter to individual sections of F.S., and rule chapters shall be construed to include the qualifying phrase “as the statute, section, or rule chapter may be amended or renumbered from time to time” unless the mention in this chapter specifically states that the statute, section or rule chapter is “incorporated by reference.”

(5) Federal regulations adopted and incorporated by reference in this rule shall become effective 20 days after filing with the Secretary of State unless the Secretary stipulates a different date in the filing. However, no such federal regulation adopted as a state rule shall become effective earlier than the effective date of the federal regulation.

History

• Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.72, 403.721 FS. History–New 5-28-81, Amended 9-8-81, 12-6-81, 11-25-82, 5-19-83, 1-5-84, 8-24-84, 7-5-85, Formerly 17-30.02, Amended 9-19-86, 10-31-86, 4-13-88, Formerly 17-30.020, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.020, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 11-27-13, 6-17-15, 4-5-16, 6-18-18, 6-26-19, 10-30-20, 9-10-25.

Fla. Admin. Code R. 62-730.021 References, Variances and Case-by-Case Regulations

The Department adopts by reference the following Sections of 40 CFR Part 260 revised as of July 1, 2024, https://flrules.org/Gateway/reference.asp?No=Ref-18159, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.asp?No=Ref-18160, for availability and claims of confidentiality with respect to information contained in cathode ray tube export documents and hazardous waste export, import, and transit documents, 260.2(d)(1) and (2); for publications incorporated by reference, 260.11 except for the optional amendments to 260.11(c)(1), 260.11(c)(3)(xxvii) and 260.11(d)(1) in the Federal Register dated September 8, 2005 (70 FR 53419); for general requirements which apply to rulemaking peititions, 260.20; for petitions for equivalent testing or analytical methods, 260.21; for petitions to exclude a waste at a particular facility, 260.22; for petitions to include additional hazardous wastes, 260.23; for non-waste determinations and variances from classification as a solid waste, 260.30; for standards and criteria for variances from classification as a solid waste, 260.31; for variances to be classified as a boiler, 260.32; for procedures for variances from classification as a solid waste or to be classified as a boiler, or for non-waste determinations, 260.33; for standards and criteria for non-waste determinations, 260.34 except for the last sentence in 260.34(a) and for 260.34(a)(1)-(3); for additional regulation of certain hazardous waste recycling activities on a case-by-case basis, 260.40; for procedures for case-by-case regulation of hazardous waste recycling activities, 260.41; for notification requirement for hazardous secondary materials, 260.42; and for legitimate recycling of hazardous secondary materials, 260.43.

History

• Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.721 FS. History–New 7-5-85, Formerly 17-30.021, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.021, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 4-5-16, 8-2-16, 6-18-18, 6-26-19, 9-10-25.

Fla. Admin. Code R. 62-730.030 Identification of Hazardous Waste

(1) The Department adopts by reference 40 CFR Part 261 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18162, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.asp?No=Ref-18160, October 11, 2024 (82682-82872) http://flrules.org/Gateway/reference.asp?No=Ref-18163, and December 11, 2024 (99727-99732) http://flrules.org/Gateway/reference.asp?No=Ref-18164, and all appendices, with the exceptions described in paragraphs (1)(a) and (b), of this rule. 40 C.F.R. Part 261 [as adopted in this subsection] contains EPA’s rules on the identification and listing of hazardous waste. No delisting published by EPA in 40 C.F.R. Part 261 is effective in Florida until it is adopted by the Department.

(a) The following sections that are applicable only to unauthorized states: 40 C.F.R. 261.149 and 261.150.

(b) The optional amendments to 40 C.F.R. 261.3(a)(2)(iv)(A), (B), (D), (F) and (G) in the Federal Register dated October 4, 2005 (70 FR 57769); and the optional addition of “267” to 40 C.F.R. 261.6(a)(3), 261.6(c)(1), 261.6(d), 261.7(a)(1), 261.7(a)(2), 261.30(c), 261.4(a)(26)(iv), and 261.4(b)(18)(iv).

(2) A very small quantity generator (VSQG) which chooses to send its hazardous waste to an off-site treatment, storage or disposal facility shall document delivery of its hazardous waste through written receipts and other records which are retained for at least three years. The written receipts and other records shall include names and addresses of the generator and the treatment, storage or disposal facility, the type and amount of hazardous waste delivered, and the date of shipment.

(3) 40 C.F.R. 261.2(f) [as adopted in subsection 62-730.030(1), F.A.C.] requires respondents in actions to enforce regulations to provide appropriate documentation to support their claim that a material is not a solid waste or is conditionally exempt from regulation.

(a) With respect to a claim that a substance (which if otherwise disposed of would be a hazardous waste under this chapter) is not a solid waste because it is a mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works (POTW) for treatment under 40 C.F.R. 261.4(a)(1) [as adopted in subsection 62-730.030(1), F.A.C.], “appropriate documentation” shall mean a copy of notification to the POTW and the Department in accordance with the requirements of subsection 62-625.600(15), F.A.C., including a copy of the certification required by paragraph 62-625.600(15)(d), F.A.C. In order to avoid a penalty for disposal of hazardous waste without proper notification, the documentation must have been submitted to the POTW on a date prior to the date of the Department’s inspection of the facility and prior to the Department’s request for such documentation. This provision applies to all hazardous waste generators, including VSQGs, which discharge more than 15 kilograms of non-acute hazardous wastes in any calendar month, or any quantity of acute hazardous wastes.

(b) With respect to a claim that hazardous waste is exempt from regulation because it was disposed of or generated by one or more VSQGs who meet the requirements of 40 C.F.R. 260.10, 262.13(f), and 262.14 [as adopted in subsections 62-730.020(1) and 62-730.160(1), F.A.C.] “appropriate documentation” shall mean written records from each applicable VSQG, detailing the quantities of hazardous waste generated by that VSQG, and the method and location of disposal of such hazardous waste.

History

• Rulemaking Authority 403.72, 403.721, 403.8055 FS. Law Implemented 403.72, 403.721 FS. History–New 5-28-81, Amended 9-8-81, 12-6-81, 3-4-82, 11-25-82, 5-19-83, 1-5-84, 8-24-84, 12-18-84, 7-5-85, 10-3-85, Formerly 17-30.03, Amended 5-5-86, 8-25-86, 9-19-86, 10-31-86, 3-31-87, 4-13-88, Formerly 17-30.030, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.030, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 6-8-10, 10-12-11, 6-29-12, 4-23-13, 11-27-13, 6-17-15, 4-5-16, 6-18-18, 6-26-19, 10-30-20, 9-10-25.

Fla. Admin. Code R. 62-730.100 Availability of Information

History

• Rulemaking Authority 403.704, 403.722 FS. Law Implemented 403.111, 403.704, 403.722, 403.73 FS. History–New 7-9-82, Formerly 17-30.31, Amended 9-23-87, 6-28-88, Formerly 17-30.310, Amended 10-7-93, Formerly 17-730.310, 62-730.310, 62-730.310, Amended.1-29-06, Repealed 2-16-12.

Fla. Admin. Code R. 62-730.140 Declaration and Intent

History

• Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.721, 403.722 FS. History–New 5-19-82, Amended 7-5-85, Formerly 17-30.14, 17-30.140, Amended 8-13-90, 10-14-92, Formerly 17-730.140, Amended 9-7-95, Repealed 10-20-96.

Fla. Admin. Code R. 62-730.150 General

(1) All references to the term “interim status” in the EPA regulations adopted by reference herein shall not be applicable to these rules. The standards contained in 40 C.F.R. Part 265 [as adopted by reference in subsection 62-730.180(2), F.A.C.], adopted by reference herein, shall apply to existing facilities in operation upon the effective date of this rule and to a facility which is in existence on the effective date of a rule change by the Department which would for the first time require the facility to obtain a hazardous waste permit.

(2)(a) All generators (except very small quantity generators as defined in 40 CFR 260.10 [as adopted in subsection 62-730.020(1), F.A.C.] that are exempt pursuant to 40 CFR 262.14 [as adopted in subsection 62-730.160(1), F.A.C.] and are not experiencing an episodic event as defined in 40 CFR 262 Subpart L [as adopted in subsection 62-730.160(1), F.A.C.]), all transporters, and all persons who own or operate a facility which treats, stores, or disposes of hazardous waste, must notify the Department using Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” effective date April 2025, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-17979), unless they have previously notified. This form can be obtained on the Florida DEP website at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In addition, transporters are subject to the reporting requirements of Rule 62-730.170, F.A.C.

(b) All generators, transporters, or persons who own or operate a facility which treats, stores, or disposes of hazardous waste, and everyone required to notify under Rule 62-730.181, F.A.C., shall notify the Department of all changes in status and shall use the “8700-12FL – Florida Notification of Regulated Waste Activity,” Form 62-730.900(1)(b), [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.], to do so. Changes in status include, but are not limited to: changes in the facility name, location, mailing address, business form, ownership or management control of the facility or its operations; ownership of the real property where the facility is located; facility contact person; type of regulated waste activity; changes in the amount of hazardous waste generated per month that put the facility in a different generator category, going out of business; tax default; or petition for bankruptcy protection.

(3) The “RCRA Subtitle C Site Identification and Hazardous Waste Report, Form 62-730.900(8), effective date 6-18-18,” is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-09577). This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. This form is only to be used for submitting biennial reports pursuant to subsection 62-730.160(2), F.A.C. It should not be used to notify the Department of hazardous waste activities. DEP Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.], shall be used for notification purposes.

(4) Upon written request of the Department for specific information concerning waste management activities, any person who generates, treats, stores, transports, disposes of, or otherwise handles, or has handled, or proposes to handle hazardous waste, and any person who owns or operates a hazardous waste facility, shall furnish all requested information relating to such waste or handling to the Department within 30 days of receipt of the Department’s request.

(5) With respect to training requirements for owners and operators of hazardous waste treatment, storage and disposal facilities and generators, “annual review” shall be computed based on the calendar year.

(6) No person shall refuse reasonable entry or access to any authorized representative of the department who requests entry for purposes of inspection pursuant to Section 403.091, F.S., and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with any such inspection.

History

• Rulemaking Authority 403.0611, 403.087, 403.704, 403.721, 403.7234, 403.8055 FS. Law Implemented 403.061, 403.0611, 403.091, 403.151, 403.704, 403.721, 403.722, 403.7222, 403.7234 FS. History–New 5-19-82, Amended 1-5-84, 7-5-85, 7-22-85, Formerly 17-30.15, Amended 5-5-86, Formerly 17-30.150, Amended 8-13-90, 10-14-92, 10-7-93, Formerly 17-730.150, Amended 1-5-95, 9-7-95, 10-10-02, 10-1-04, 1-29-06, 4-22-07, 1-4-09, 4-23-13, 6-18-18, 11-13-19, 4-24-25.

Fla. Admin. Code R. 62-730.160 Standards Applicable to Generators of Hazardous Waste

(1) The Department adopts by reference 40 CFR Part 262 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18165, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.asp?No=Ref-18160, October 11, 2024 (82682-82872) http://flrules.org/Gateway/reference.asp?No=Ref-18163, October 31, 2024 (86758-86759) http://flrules.org/Gateway/reference.asp?No=Ref-18166, and December 11, 2024 (99727-99732) http://flrules.org/Gateway/reference.asp?No=Ref-18164, including the Appendix, with the exception of 40 CFR 262.16(c) and 262.10(k): and the optional addition of “267” to 262.10(a)(2), 262.10(f), 262.10(g)(2), 262.11(e), 262.15(a), 262.16, 262.17, and 262.41(b) http://www.flrules.org/Gateway/reference.asp?No=Ref-00590.

(2) Large Quantity Generators, as defined in 40 C.F.R Part 260.10 shall submit biennial reports required by 40 C.F.R. 262.41 [as adopted in subsection 62-730.160(1), F.A.C.] to the Department on Form 62-730.900(8) (“RCRA Subtitle C Site Identification and Hazardous Waste Report”) as adopted in subsection 62-730.150(3), F.A.C. Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form.

(3) Generators of hazardous waste who accumulate hazardous waste on-site under 40 CFR 262.16, and 262.17 [as adopted in subsection 62-730.160(1), F.A.C.], shall maintain written documentation of the inspections required under 40 C.F.R 262.16 and 262.17 [as adopted in subsection 62-730.160(1), F.A.C.]. The generator shall keep the written documentation of the inspections under this section for at least three years from the date of the inspection. At a minimum, this documentation shall include the date and time of the inspection, the legibly printed name of the inspector, the number of containers, the condition of the containers, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

(4) Generators required to inspect containers under 40 C.F.R. 262.16(b)(2)(iv) and 262.17(a)(1)(v), [as adopted in subsection 62-730.160(1), F.A.C.] shall maintain adequate aisle space between containers of hazardous waste to allow for inspection of the condition and labels of the individual containers.

(5) 40 C.F.R. 262.14(a)(5)(iii) [as adopted in subsection 62-730.160(1), F.A.C.] shall refer to hazardous waste management programs approved by EPA.

History

• Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.72, 403.721 FS. History–New 5-19-82, Amended 5-20-82, 3-31-83, 1-5-84, 2-2-84, 8-24-84, 7-5-85, 10-3-85, Formerly 17-30.16, Amended 9-19-86, 10-31-86, 3-31-87, 5-26-87, 6-28-88, Formerly 17-30.160, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.160, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 6-8-10, 10-12-11, 6-29-12, 4-23-13, 6-17-15, 4-5-16, 6-18-18, 6-26-19, 4-21-23, 9-10-25.

Fla. Admin. Code R. 62-730.161 Emergency Identification Numbers

(1) 40 C.F.R. 262.18(a) requires all generators to obtain an EPA identification number before offering hazardous waste for transport. Under certain special circumstances, the Department processes applications for an emergency identification number [referred to as an emergency EPA/DEP I.D. number]. These special circumstances are:

(a) Emergency situations such as spills;

(b) Cleanup of abandoned sites; and,

(c) One-time cleanup of a site that does not normally generate hazardous waste, and will not generate waste in the foreseeable future.

(2) In order to apply for an emergency EPA/DEP I.D. number, the generator of the hazardous waste(s) shall:

(a) Send the Department a completed Form 62-730.900(3), Application for a Hazardous Waste Emergency EPA/DEP Identification Number (“Emergency I.D. Form”), effective date 4-23-13, which is hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02078). This form can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste, or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and,

(b) Follow the instructions on the form.

(3) For the purpose of this section:

(a) An “emergency situation” shall mean a sudden release of hazardous waste or hazardous materials during transportation or at a product storage facility.

(b) A “one-time cleanup” shall mean removal of hazardous waste where: waste has been abandoned on a property; the property is under bankruptcy proceedings or an administrative, civil, criminal, or judicial proceeding to compel facility closure; or any other situation which necessitates a one-time cleanup or removal of hazardous waste.

(4) Pursuant to Sections 403.721 and 403.727, F.S., it is a violation of this rule for a generator to:

(a) Provide false or incorrect information on the DEP Emergency I.D. Form.

(b) Ship hazardous wastes not listed on the DEP Emergency I.D. Form.

(c) Ship a greater volume of hazardous waste than listed on the DEP Emergency I.D. Form without delivering, within 24 hours of the shipment, a written explanation of the reason for exceeding the original estimated volume.

(d) Ship hazardous waste after 60 days from the issue date of the emergency EPA/DEP I.D. number.

(e) Fail to send the Department a legible copy of all signed and returned manifests and the land disposal restriction notices and certifications required under 40 C.F.R. 268.7 for the hazardous wastes shipped under the emergency EPA/DEP I.D. number within 45 days of the last shipment.

(5) A generator with an emergency EPA/DEP I.D. number who generates greater than 1,000 kg of hazardous waste in a calendar month, shall submit a biennial report as described in subsection 62-730.160(2), F.A.C.

History

• Rulemaking Authority 403.704, 403.72, 403.721, 403.727 FS. Law Implemented 403.704, 403.721 FS. History–New 1-5-95, Amended 1-29-06, 4-23-13, 6-18-18.

Fla. Admin. Code R. 62-730.170 Standards Applicable to Transporters of Hazardous Waste

(1) The Department adopts by reference 40 C.F.R. Part 263 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18167, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.asp?No=Ref-18160, with the exception of the optional addition of “267” to 263.12 http://www.flrules.org/Gateway/reference.asp?No=Ref-00590.

(2) In addition to the requirements of subsection (1), of this rule, no person shall transport a hazardous waste within the state for which either a manifest is required under 40 CFR Part 262 [as adopted in subsection 62-730.160(1), F.A.C.] or a reclamation agreement is entered between a generator and recycler pursuant to 40 CFR 263.20 [as adopted in subsection 62-730.170(1), F.A.C.] unless compliance with the following special requirements have been demonstrated.

(a) The transporter shall have and maintain financial responsibility for sudden accidental occurrences in a minimum amount of $1,000,000.00 per occurrence for combined coverage of injury to persons and for damage to property and the environment from the spillage of hazardous waste while such wastes are being transported including the costs of cleaning up the spill. Such financial responsibility shall be issued by an agent or company authorized or licensed to transact business in the State of Florida. Such financial responsibility shall be maintained at all times, be exclusive of legal defense costs, and be established by any one or a combination of the following:

1. Evidence of casualty/liability insurance on a claim or occurrence basis with or without a deductible. With the deductible the Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer. Each insurance policy must be evidenced by a certificate of liability insurance or amended by attachment of an endorsement.

2. Surety bonds.

(b) Evidence of coverage shall include submittal of an originally signed copy of one or more of the following forms, which are hereby adopted and incorporated by reference. These forms can be obtained on the Florida DEP website at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. Certificate of Liability Insurance Hazardous Waste Transporter and Used Oil Handler, Form 62-730.900(5)(a), effective date April 2025 (http://www.flrules.org/Gateway/reference.asp?No=Ref-17978).

2. Hazardous Waste Transporter Liability Endorsement, Form 62-730.900(5)(b), effective date 4-23-13 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02083).

3. Hazardous Waste Transporter Liability Surety Bond, Form 62-730.900(5)(c), effective date 4-23-13 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02084).

(c) The insurance policy, including all endorsements, or the liability surety bond must be maintained at the carrier’s principal place of business.

(d) Whenever requested by the Secretary (or designee) of the Florida Department of Environmental Protection, the Insurer agrees to furnish to the Department a signed duplicate original of the policy and all endorsements.

(e) Transporters of hazardous waste that also register as used oil handlers shall submit evidence of casualty/liability insurance in accordance with the requirements of paragraphs 62-730.170(2)(a) and (b) of this subsection and a complete and accurate Form 62-730.900(1)(b) [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.] with their annual used oil registration [in accordance with rules 62-710.500 and 62-730.600, F.A.C., as applicable] by March 1 of each year. Upon receipt of complete and accurate documents required by this paragraph, the Department shall include in the registration, authorization to transport hazardous waste which shall be valid until June 30 of the following year. If the registration is not renewed by June 30 of the following year because the Department has not received complete and accurate documents for renewal, the transporter will no longer be authorized to transport hazardous waste in Florida.

1. Currently valid hazardous waste transporter certificates, for transporters that are also registered as used oil handlers, that expire after the effective date of this rule, but before June 30, 2013, shall remain valid until June 30, 2013 if the transporter maintains casualty/liability coverage for the extended period. The Department shall issue a letter to the transporter stating that the certificate of approval is valid until June 30, 2013 as long as the transporter maintains casualty/liability insurance coverage for the extended period.

2. Initial notification to transport hazardous waste may be submitted by a registered used oil handler at any time, and providing the casuality/liability insurance has not changed and is still current, the Department shall revise the transporter’s used oil registration to include authorization to transport hazardous waste.

(f) Transporters of hazardous waste that do not register as used oil handlers shall submit evidence of casualty/liability insurance in accordance with the requirements of paragraphs 62-730.170(2)(a) and (b), of this subsection, and a complete and accurate Form 62-730.900(1)(b) [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.] by September 1 of each year. Upon receipt of complete and accurate documents required by this paragraph, the Department shall issue to each transporter authorization to transport hazardous waste which shall be valid until November 30 of the following year. If the authorization is not renewed by November 30 of the following year because the Department has not received complete and accurate documents for renewal, the transporter will no longer be authorized to transport hazardous waste in Florida.

1. Currently valid hazardous waste transporter certificates of approval, for transporters that are not registered as used oil handlers, that expire after the effective date of this rule, but before November 30, 2013, shall remain valid until November 30, 2013 if the transporter maintains casualty/liability coverage for the extended period. The Department shall issue a letter to the transporter stating that the certificate of approval is valid until November 30, 2013 as long as the transporter maintains casualty/liability insurance coverage for the extended period.

2. Initial notification to transport hazardous waste may be submitted at any time along with evidence of casualty/liability insurance, and providing the requirements of this paragraph are met, the Department shall issue authorization to transport hazardous waste that is valid through November 30 of the following year.

(g) Each registered transporter shall maintain a copy of the authorization to transport hazardous waste in any vehicle transporting hazardous waste.

(h) This subsection does not apply to any person who transports hazardous waste only on the site of a hazardous waste generator or a permitted hazardous waste treatment, storage, or disposal facility.

(i) States and the federal government are exempt from the requirements of this subsection.

(3) Evidence of financial responsibility, updated for the current year, shall be verified annually by the submission of the appropriate form described in paragraph (2)(b) of this rule, or by the submission of a certificate of insurance. A certificate of insurance shall include a certification by the insurer that the original insurance policy and all endorsements are still in full force and effect as evidenced on the original forms submitted to the Department.

History

• Rulemaking Authority 403.704, 403.721, 403.724, 403.8055 FS. Law Implemented 403.704, 403.721, 403.724 FS. History–New 11-8-81, Amended 5-31-84, 9-13-84, Formerly 17-30.17, Amended 9-19-86, 3-31-87, 5-26-87, 6-28-88, Formerly 17-30.170, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.170, Amended 1-5-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 6-17-15, 4-5-16, 6-18-18, 6-26-19, 4-24-25, 9-10-25.

Fla. Admin. Code R. 62-730.171 Transfer Facilities

(1) 40 C.F.R. 263.12 [as adopted by reference in subsection 62-730.170(1), F.A.C.] provides that transporters who store manifested hazardous waste in proper containers at a transfer facility for 10 days or less are exempt from regulation as a hazardous waste facility. If the waste is stored for more than 10 days, the facility is subject to the permitting requirements for a hazardous waste storage facility.

(2)(a) The transporter who is owner or operator of a transfer facility which stores manifested shipments of hazardous waste for more than 24 hours but 10 days or less (hereinafter referred to as “the transfer facility”) shall obtain an EPA/DEP identification number for each transfer facility location and notify the Department using Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.].

(b) Notification pursuant to this subsection shall be submitted at least 30 days before the storage of hazardous waste is to begin at a transfer facility.

(c) The initial notification shall include the information and documentation required by subsection 62-730.171(3), F.A.C.

(d) The transfer facility shall re-notify annually by submitting Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” which is adopted and incorporated by reference at paragraph 62-730.150(2)(a), F.A.C., and evidence of the transporter’s financial responsibility as required under subsection 62-730.170(3), F.A.C. Any changes in the transfer facility’s operations or information as reported on the last annual notification shall be reported on this form in the next annual re-notification.

(3)(a) The following items constitute initial transfer facility notification:

1. Certification by a responsible corporate officer of the transporter that the proposed location satisfies the criteria of Section 403.7211(2), F.S. The Certification shall state a factual basis for the conclusion that the location criteria are met, and how those facts were determined.

2. Completed Form 62-730.900(1)(b), “8700-12FL – Florida Notification of Regulated Waste Activity,” which is adopted and incorporated by reference at paragraph 62-730.150(2)(a), F.A.C.

3. Evidence of the transporter’s financial responsibility as required under subsection 62-730.170(3), F.A.C.

4. A brief general description of the transfer facility operations, including customer base, anticipated waste codes, operating procedures, structures and equipment (with the maximum design capacity for storage), including engineering drawings or sketches if any.

5. A copy of a closure plan demonstrating that the transfer facility will be closed in a manner which satisfies the closure performance, notification, and decontamination standards of 40 C.F.R. 265.111, 265.112, 265.114 and 265.115 [as adopted by reference in subsection 62-730.180(2), F.A.C.].

6. A copy of the contingency and emergency plan required by paragraph 62-730.171(4)(a), F.A.C.

7. A map or maps of the transfer facility, depicting property boundaries, access control, buildings or other structures and pertinent features (such as recreation areas, runoff and stormwater control systems, access or internal roads, sanitary and process sewer systems, loading and unloading areas, and fire control equipment.)

(b) A transporter who is operating a transfer facility must notify the Department prior to making changes in any of the items listed in paragraph 62-730.171(3)(a), F.A.C.

(c) No person shall operate a transfer facility before receiving confirmation from the Department that the initial notification package is complete and technically adequate and receiving an EPA identification number for the transfer facility.

(4) A transfer facility shall comply with the following requirements:

(a) 40 C.F.R. Part 265 Subparts B (general facility standards), C (preparedness and prevention), D (contingency and emergency plan), and I (management of containers), with the exception of 265.13, as adopted by reference in subsection 62-730.180(2), F.A.C.

(b) The aisle space requirements described in 40 C.F.R. 265.35 and the special requirements for incompatible wastes described in 40 C.F.R. 265.177(c) shall not apply at transfer facilities to containers stored in trucks loaded in accordance with DOT regulations described in 40 C.F.R. 263.10 [as adopted by reference in subsection 62-730.170(1), F.A.C.].

(5) Hazardous waste stored at transfer facilities in containers or vehicles shall be stored on a manmade surface which is capable of preventing spills or releases to the ground.

(6) The transfer facility shall maintain a written record of the items listed below. This recordkeeping requirement applies to all hazardous waste that enters and leaves the transfer facility, including hazardous waste generated by very small quantity generators (VSQGs). Records required in this subsection shall be maintained in permanent form for at least three years and shall be available for inspection by the Department. The records shall be kept at the facility unless the Department gives written approval to do otherwise.

(a) Manifest number for each shipment that enters and leaves the facility, or, for a shipment from a VSQG without a manifest, an identifying number from the shipping document.

(b) The date when all hazardous waste enters and leaves the facility.

(c) The generator’s name and the EPA/DEP identification number. For VSQGs without an EPA/DEP identification number, the record shall include the name and address of the generator.

(d) Amounts of hazardous waste and hazardous waste codes associated with each shipment into and out of the facility.

(7) Within 60 days of closure of the transfer facility, the transporter who is owner or operator of the transfer facility shall submit to the Department a certification that the facility has been closed in accordance with the specifications in the closure plan. The certification shall be signed by the owner or operator of the transfer facility, by the owner of the real property where the transfer facility is located, and by a Florida-registered, professional engineer.

(8) Construction, initial operation or substantial modification of a transfer facility which stores shipments of hazardous waste that are required to be manifested, and which does not comply with the location standards in Section 403.7211, F.S, is prohibited. A transporter operating a transfer facility is subject to the demonstration requirements of subsections 62-730.182(3)-(8), F.A.C., regarding substantial modification.

History

• Rulemaking Authority 403.0877, 403.704, 403.721 FS. Law Implemented 403.0877, 403.704, 403.721 FS. History–New 3-2-86, Amended 6-28-88, Formerly 17-30.171, Amended 8-13-90, 9-10-91, 10-14-92, Formerly 17-730.171, Amended 1-5-95, 1-29-06, 10-28-08, 1-4-09, 4-23-13, 6-18-18, 11-13-19.

Fla. Admin. Code R. 62-730.180 Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities

(1) The Department adopts by reference 40 CFR Part 264 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18168, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.asp?No=Ref-18160, including all appendices, with the exceptions described in paragraphs (1)(a) through (c) of this section.

(a) The Project XL site-specific regulations and other site-specific regulations in 40 C.F.R. 264.1(g)(12), 264.301(l), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), and 264.1080(g).

(b) The following sections applicable only to unauthorized states: 40 C.F.R. 264.1(f), 264.149 and 264.150.

(c) The following optional amendments:

1. The amendments to 40 C.F.R. 264.141(h), 264.147(g)(1), 264.151(g) and 264.151(h)(2) in the Federal Register dated September 1, 1988 (53 FR 33938);

2. The amendments to 40 C.F.R. 264.143(f)(10), 264.145(f)(11), 264.151(f), 264.151(g), 264.151(h)(1), and 264.151(h)(2) in the Federal Register dated September 16, 1992 (57 FR 42832); and,

3. The amendments to 40 C.F.R. 264.112(c) and 264.118(d) in the Federal Register dated September 28, 1988 (53 FR 37912).

For the optional amendments in paragraph (c), above, the language in effect immediately prior to the effective date of the referenced Federal Registers remains in effect.

(2) The Department adopts by reference 40 CFR Part 265 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18169, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.asp?No=Ref-18160, including all appendices, with the exceptions described in paragraphs (2)(a) through (e) of this rule.

(a) Subpart R;

(b) The Project XL site-specific regulations in 40 C.F.R. 265.1(c)(15), 265.1030(c), 265.1050(f), 265.1080(e), 265.1080(f), and 265.1080(g).

(c) The following sections applicable only to unauthorized states: 40 C.F.R. 265.1(c)(4), 265.149 and 265.150.

(d) An error in 40 C.F.R. 265.340(b)(2), which is hereby corrected by replacing it with 40 C.F.R. 265.340(b)(2) as published in the September 30, 1999 Federal Register (64 FR 52828).

(e) The amendments to 40 C.F.R. 265.141(h) and 265.147 in the Federal Register dated September 1, 1988 (53 FR 33938), to 40 C.F.R. 265.143(e)(10) and 265.145(e)(11) in the Federal Register dated September 16, 1992 (57 FR 42832), and to 40 C.F.R. 265.112(c) and 265.118(d) in the Federal Register dated September 28, 1988 (53 FR 37912).

For the optional amendments in paragraph (e), above, the language in effect immediately prior to the effective date of the referenced Federal Registers remains in effect.

(3) The Department adopts by reference 40 C.F.R. 264.112(c)(1) and (2), 264.118(d)(1) and (2), 265.112(c)(3) and (4), 265.118(d)(3) and (4) revised as of July 1, 1988. The Department adopts by reference 40 C.F.R. 264.143(f)(10), 264.145(f)(11), 264.147(g)(1), 264.151(f), 264.151(g), 264.151(h)(1), and 264.151(h)(2) revised as of July 1, 1988.

(4) Owners and operators of hazardous waste treatment, storage and disposal facilities shall submit biennial reports required by 40 C.F.R. 264.75 [as adopted by reference in subsection 62-730.180(1), F.A.C.], and 265.75 [as adopted by reference in subsection 62-730.180(2), F.A.C.], to the Department on Form 62-730.900(8) adopted in subsection 62-730.150(3), F.A.C. Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form.

(5) The owner or operator of a permitted hazardous waste facility who desires to locate a transfer facility at the hazardous waste facility shall apply for a permit modification. The permit modification shall require public notice as described in Rule 62-730.292, F.A.C.

(6) Unless otherwise exempted from corrective action financial assurance requirements pursuant to state or federal law, the owner or operator of a hazardous waste facility shall demonstrate compliance with the financial assurance requirements of 40 C.F.R. Part 264 Subpart H [as adopted by reference in subsection 62-730.180(1), F.A.C.], or 40 C.F.R. Part 265 Subpart H [as adopted by reference in subsection 62-730.180(2), F.A.C.], by using the following forms, which are hereby adopted and incorporated by reference. These forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(a) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(a), effective date 4-23-13 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02079).

(b) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Responsibility for Liability, Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(b), effective date 4-23-13 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02080).

(c) Hazardous Waste Facility Corporate Guarantee to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(c), effective date January 5, 1995.

(d) Hazardous Waste Facility Corporate Guarantee for Liability Coverage, Form 62-730.900(4)(d), effective date January 5, 1995.

(e) Hazardous Waste Facility Trust Fund Agreement to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(e), effective date January 5, 1995.

(f) Hazardous Waste Facility Standby Trust Fund Agreement to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(f), effective January 5, 1995.

(g) Hazardous Waste Facility Irrevocable Letter of Credit to Demonstrate Financial Assurance for Closure, Post-Closure, or Corrective Action, Form 62-730.900(4)(g), effective date January 5, 1995.

(h) Hazardous Waste Facility Financial Guarantee Bond to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(h), effective date January 5, 1995.

(i) Hazardous Waste Facility Performance Bond to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(i), effective date January 5, 1995.

(j) Hazardous Waste Facility Insurance Certificate to Demonstrate Financial Assurance for Closure, Post-Closure or Corrective Action, Form 62-730.900(4)(j), effective date January 5, 1995.

(k) Hazardous Waste Facility Certificate of Liability Insurance (Primary Policy), Form 62-730.900(4)(k), effective date January 5, 1995.

(l) Hazardous Waste Facility Certificate of Liability Insurance (Excess/Surplus Policy), Form 62-730.900(4)(l), effective date January 5, 1995.

(m) Hazardous Waste Facility Endorsement (Primary Policy), Form 62-730.900(4)(m), effective date January 5, 1995.

(n) Hazardous Waste Facility Endorsement (Excess/Surplus Policy), Form 62-730.900(4)(n), effective date January 5, 1995.

(o) Hazardous Waste Facility Letter Of Credit to Demonstrate Liability Coverage, Form 62-730.900(4)(o), effective date January 29, 2006.

(p) Hazardous Waste Facility Surety Bond to Demonstrate Liability Coverage, Form 62-730.900(4)(p), effective date January 29, 2006.

(q) Hazardous Waste Facility Trust Fund to Demonstrate Liability Coverage, Form 62-730.900(4)(q), effective date January 29, 2006.

(r) Hazardous Waste Facility Standby Trust Fund to Demonstrate Liability Coverage, Form 62-730.900(4)(r), effective date January 29, 2006.

History

• Rulemaking Authority 403.704, 403.721, 403.724, 403.8055 FS. Law Implemented 403.704, 403.721, 403.724 FS. History–New 5-19-82, Amended 3-4-82, 5-20-82, 7-14-82, 8-30-82, 10-7-82, 11-25-82, 2-3-83, 3-31-83, 5-19-83, 1-5-84, 2-2-84, 11-7-84, 7-5-85, 10-3-85, Formerly 17-30.18, Amended 5-5-86, 9-19-86, 10-31-86, 3-31-87, 4-13-88, 6-28-88, Formerly 17-30.180, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.180, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 6-17-15, 6-18-18, 6-26-19, 10-30-20, 4-21-23, 9-10-25.

Fla. Admin. Code R. 62-730.181 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

(1) The Department adopts by reference 40 C.F.R. Part 266 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18170, and as amended in the 89 Federal Register dated October 11, 2024 (82682-82872) http://flrules.org/Gateway/reference.asp?No=Ref-18163 and December 11, 2024 (99727-99732) http://flrules.org/Gateway/reference.asp?No=Ref-18164, with the exception of the optional addition of “267” to 266.22, 266.70(d), 266.80(b), 266.101(c)(1), and 266.101(c)(2) http://www.flrules.org/Gateway/reference.asp?No=Ref-00590.

(2) Owners or operators of facilities claiming exemption to regulations under 40 C.F.R. 266.20(b) shall maintain detailed operations records that may be used to determine if the claim of exemption is valid. The records shall be retained for at least three years and be made available to the Department upon request.

History

• Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.721 FS. History–New 7-5-85, Amended 10-3-85, 5-5-86, 4-13-88, Formerly 17-30.181, Amended 1-25-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.181, Amended 1-5-95, 9-7-95, 2-25-96, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 4-5-16, 6-18-18, 6-26-19, 9-10-25.

Fla. Admin. Code R. 62-730.182 Criteria to Determine Whether Changes Constitute a “Substantial Modification” at Certain Existing Hazardous Waste Facilities That Are Otherwise Exempt From Statutory Location Standards

(1) This section applies only to transfer facilities which store shipments of hazardous waste that are required to be manifested and to facilities, including federal facilities, which treat, store, or dispose of shipments of hazardous waste generated off-site that are required to be manifested. This section does not apply to:

(a) Manufacturers, power generators, or other industrial operations that received a permit from the Department, or apply for a permit or a modification to a permit for the treatment, storage, or disposal of hazardous waste generated only onsite or generated at other sites owned or acquired by the permittee;

(b) Federal facilities which received a permit from the Department, or apply for a permit or a modification to a permit for the treatment, storage, or disposal of hazardous waste generated only on-site or at other sites under the command or supervisory control of the federal facility at which the permitted hazardous waste management operations occur;

(c) Hazardous waste facilities that do not receive waste that is required to be manifested, or

(d) Hazardous waste facilities that meet all siting requirements of Section 403.7211, F.S.

(2) This section shall apply to all pending permit applications for which the Department has not issued a Final Order.

(3) Any applicant who submits an application under Section 403.722 F.S., for a permit to modify a hazardous waste treatment, storage, or disposal facility which does not comply with the location standards in Section 403.7211, F.S. must include a demonstration that the modification is not “substantial” as defined in subsection 62-730.182(4), F.A.C.

(4) A substantial modification under this subsection means any change in operations, structures, or permit conditions, at a permitted TSD, or any changes to the transfer facility notification submitted to the Department in accordance with subsection 62-730.171(2), F.A.C., which is reasonably expected to lead to a substantial increase in the potential impact, or risk of impact, from a release at that facility, as follows:

(a) A substantial increase in the potential impact from a release means a potential increase in the distance from a facility at which life-threatening concentrations of a hazardous substance may occur from an instantaneous release based on the proposed modification versus the threat from existing operations, as determined in accordance with subsection 62-730.182(5), F.A.C. For the purposes of this section, a concentration of hazardous waste or hazardous substances shall be deemed to be life-threatening when the concentration of such hazardous waste or substances could cause susceptible or sensitive individuals, excluding hypersensitive or hyper susceptible individuals, to experience irreversible or serious, long-lasting effects or impaired ability to escape.

(b) Except as provided in subsection 62-730.182(7), F.A.C., a substantial increase in the risk of impact from a release means addition of waste codes; increase in the number or area of treatment, storage or disposal units; or increase in the volume of hazardous waste managed at the hazardous waste facility (which includes a transfer facility).

(5)(a) In the demonstration required by subsection 62-730.182(3), F.A.C., the owner or operator shall analyze and report:

1. One worst-case release scenario that is estimated to create the greatest distance in any direction to an inhalation toxic endpoint determined in accordance with the hierarchy referenced in sub-subparagraph 62-730.182(5)(g)1.a., F.A.C.; and,

2. One worst-case release scenario that is estimated to create the greatest distance in any direction to a flammable endpoint defined in sub-subparagraph 62-730.182(5)(g)1.b., F.A.C., resulting from the release of regulated flammable substances under worst-case conditions defined in paragraph 62-730.182(5)(g), F.A.C.

(b) The worst-case release quantity shall be the greater of the following:

1. For substances in a tank (for example, a reactor, vat, kettle, boiler, or cylinder) or other container (for example, a drum or barrel), the greatest amount potentially held in a single tank or container, taking into account administrative controls that limit the maximum quantity, or

2. For substances in pipes, the greatest amount potentially in a pipe, taking into account administrative controls that limit the maximum quantity.

(c)1. For toxic substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A.C., is released as a gas over 10 minutes. The release rate (in minutes) shall be assumed to be the total quantity divided by 10 unless passive mitigation systems are in place.

2. For gases handled as refrigerated liquids at ambient pressure:

a. If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of one centimeter, the owner or operator shall assume that the substance is released as a gas in 10 minutes,

b. If the released substance is contained by passive mitigation systems in a pool with a depth greater than one centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A.C., is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph 62-730.182(5)(d), F.A.C.

(d)1. For toxic substances that are normally liquids at ambient temperature, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A,C., is spilled instantaneously to form a liquid pool.

a. The surface area of the pool shall be determined by assuming that the liquid spreads to one centimeter deep unless passive mitigation systems are in place that serve to contain the spill and limit the surface area. Where passive mitigation is in place, the surface area of the contained liquid shall be used to calculate the volatilization rate.

b. The owner or operator may take into account the actual surface characteristics when analyzing the volatilization rate.

2. The volatilization rate shall account for the highest daily maximum temperature occurring in the past three years and the temperature of the substance in the vessel.

3. The rate of release to air shall be determined from the volatilization rate of the liquid pool. The owner or operator may use any publicly available technique or methodology that accounts for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models upon request.

(e) For flammable gases, the owner or operator shall assume that the quantity of the substance, as determined under paragraph 62-730.182(5)(b), F.A.C., and the provisions in subparagraphs 62-730,182(5)(e)1. and 2., F.A.C., vaporizes resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on trinitrotoluene (TNT) equivalent methods.

1. For flammable substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A.C., is released as a gas over 10 minutes. The total quantity shall be assumed to be involved in the vapor cloud explosion.

2. For flammable gases handled as refrigerated liquids at ambient pressure:

a. If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of one centimeter or less, the owner or operator shall assume that the total quantity of the substance is released as a gas in 10 minutes, and the total quantity will be involved in the vapor cloud explosion.

b. If the released substance is contained by passive mitigation systems in a pool with a depth greater than one centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A.C., is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph 62-730.182(5)(d), F.A.C. The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.

(f) For flammable liquids, the owner or operator shall assume that the quantity of the substance, as determined under paragraph 62-730.182(5)(b), F.A.C., and the provisions in subparagraphs 62-730.182(5)(b)1. and 2., F.A.C., vaporizes resulting in a vapor cloud explosion. A yield factor of 10 percent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT equivalent methods.

1. For regulated flammable substances that are normally liquids at ambient temperature, the owner or operator shall assume that the entire quantity in the vessel or pipe, as determined under paragraph 62-730.182(5)(b), F.A.C., is spilled instantaneously to form a liquid pool. For liquids at temperatures below their atmospheric boiling point, the volatilization rate shall be calculated at the conditions specified in paragraph 62-730.182(5)(d), F.A.C.

2. The owner or operator shall assume that the quantity which becomes vapor in the first 10 minutes is involved in the vapor cloud explosion.

(g) The owner or operator may use any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the implementing agency access to the model and describes model features and differences from publicly available models upon request. The chosen model shall use the following parameters:

1. The following endpoints shall be used:

a. The inhalation toxic endpoints shall be determined in accordance with the hierarchy provided in the “Technical Report for the Substantial Modification Rule for 62-730, F.A.C.” dated August 1, 2008, which is hereby adopted and incorporated by reference.

b. The endpoints for flammables vary according to the scenarios studied:

(I) For explosion, an overpressure of one pound per square inch.

(II) For radiant heat/exposure time, a radiant heat of five kilowatts per squared meter for 40 seconds.

(III) For lower flammability limit, concentration of flammable constituent in air that exceeds 25 percent of their lower flammability limit.

2. The owner or operator shall use a wind speed of 1.5 meters per second and F atmospheric stability class (Pasquill-Gifford system).

3. The owner or operator shall use the highest daily maximum temperature in the previous three years and average humidity for the site, based on temperature/humidity data gathered at the stationary source or at a local meteorological station.

4. The worst-case release of a toxic substance shall be analyzed assuming a ground level (0 feet) release.

5. The owner or operator shall use either urban or rural topography, as appropriate. Urban means that there are many obstacles in the immediate area; obstacles include buildings or trees. Rural means there are no buildings in the immediate area and the terrain is generally flat and unobstructed.

6. The owner or operator shall ensure that tables or models used for dispersion analysis of toxic substances appropriately account for gas density.

7. For worst case, liquids other than gases liquefied by refrigeration only shall be considered to be released at the highest daily maximum temperature, based on data for the previous three years appropriate for the stationary source, or at process temperature, whichever is higher.

(h) Consideration of passive mitigation. Passive mitigation systems may be considered for the analysis of worst case provided that the mitigation system is capable of withstanding the release event triggering the scenario and would still function as intended.

(i) Factors in selecting a worst-case scenario. Notwithstanding the provisions of paragraph 62-730.182(5)(b), F.A.C., of this section, the owner or operator shall select as the worst case for flammable substances or the worst case for toxic substances, a scenario based on the following factors if such a scenario would result in a greater distance to an endpoint defined in subparagraph 62-730.182(5)(g)1., F.A.C., beyond the stationary source boundary than the scenario provided under paragraph 62-730.182(5)(b), F.A.C., of this section:

1. Smaller quantities handled at higher process temperature or pressure; and,

2. Proximity to the boundary of the stationary source.

(6) In the demonstration required by subsection 62-730.182(3), F.A.C., the owner or operator shall analyze and report:

(a) The physical and chemical characteristics of hazardous waste to be stored; including ignitability, corrosivity, reactivity, toxicity, and volatility; together with any proposed restrictions on the types of hazardous waste to be stored.

(b) The maximum volume of each type of hazardous waste to be stored, together with any proposed restrictions on the types and/or volumes of hazardous waste to be stored.

(c) Operating methods, techniques, and practices to be undertaken by the facility for hazardous waste for which life-threatening concentrations would occur off-site from a spill, fire, or other accidental release.

(d) Passive design improvements or operational restrictions, other than those set forth in this rule, proposed by the owner or operator.

(e) No protection from a fire department may be assumed. Passive fire protection measures only, not active fire protective measures, may be assumed to be effective in the demonstration.

(7) The modifications listed in paragraph 62-730.182(4)(b), F.A.C., shall not be considered to substantially increase the risk of impact if, evaluated on a unit by unit basis, the applicable criteria within the following conditions are met:

(a) Any additional units or expanded areas are:

1. Separated from adjoining hazardous waste storage, treatment, or disposal units or areas by 4-hour fire rated walls, or

2. Separated from the existing hazardous waste storage, treatment, disposal units, or areas by a sufficient distance (to be specified in the site-specific permit or other authorization based upon the flammability and explosive potential of the permitted waste types at their maximum permitted mass or volume; the types of containers and building materials; the available data on wind speed and relative humidity; any passive fire suppression systems; and the presence of natural or manmade features between the existing and proposed units) such that a spill, fire, or other accidental release will not result in the spread of a fire, spill, or other accidental release to the new unit or units.

(b) Interior emergency egress lighting is provided for all hazardous waste treatment, storage, disposal, and transfer facility structures. [Note, the National Fire Protection Association (NFPA) provides design standards for egress lighting in the National Fire Codes].

(c) Exterior emergency lighting is provided for the exterior of all hazardous waste treatment, storage, disposal, and transfer facility hazardous waste management areas, including loading/unloading and transporter vehicle parking areas. [Note, the NFPA provides design standards for exterior emergency lighting in the National Fire Codes].

(d) Secondary containment is provided for all loading and unloading areas, as follows:

1. The secondary containment system has sufficient capacity to contain the total volume of the largest container or 10% of the total volume of the maximum number of containers managed in the loading and unloading area, whichever is greater.

2. If the secondary containment system is not sheltered from precipitation, the secondary containment system has the additional capacity necessary to contain precipitation at the loading and unloading area from a 25-year, 24-hour storm event.

3. For attended transfer to a tank, the tank is installed with a spill containment system at each tank fill connection. This spill containment system is designed to prevent a discharge of regulated substances when the transfer hose or pipe is detached from the tank fill pipe and meets the requirements of paragraph 62-761.500(1)(e), F.A.C.

(e) All transportation vehicles in which hazardous waste is stored incident to transportation at a hazardous waste management facility are parked on a concrete or asphalt surface.

(f) All hazardous waste management areas, including loading and unloading areas at treatment, storage, or disposal units and transfer facilities, comply with the security requirements of 40 C.F.R. Part 264, Subpart C, as adopted by reference in Rule 62-730.180, F.A.C.

(g) All hazardous waste management areas, including loading and unloading areas at treatment, storage, or disposal units and transfer facilities, comply with the communications or alarm system requirements of 40 C.F.R. Part 264, Subpart C, including fire and smoke alarm systems, as adopted by reference in Rule 62-730.180, F.A.C. The system includes a 24-hour alarm station attended by properly trained personnel and an alarm system which automatically transmits a signal to a municipal fire department, a fire brigade, or an emergency response agency without delay.

(h) Concrete floors for the hazardous waste management areas are constructed with an impervious, chemically resistant, surface or coating. Design and construction of the concrete floors must be signed and sealed by a professional engineer in accordance with the requirements of Chapter 471, F.S.

(i) Hazardous waste treatment, storage, disposal and transfer facilities use, at a minimum, incombustible materials for the following structural elements: party and firewalls, interior bearing walls, interior nonbearing partitions, columns, beams, girders, trusses, arches, floors, floor/ceiling assemblies, roofs, roof/ceiling assemblies, exterior bearing walls, and exterior nonbearing walls.

(j) All bays that contain water reactive (Department of Transportation (DOT) Class 4.3), flammable or combustible hazardous waste (DOT Class 2.1, Class 3, Class 4.1 and Class 4.2), oxidizers (DOT Class 5.1), or organic peroxides (DOT Class 5.2), as defined in 49 C.F.R. Part 173, are completely surrounded with four-hour firewalls to the ceiling and provided with automatic fire doors for the entrance and exit. A two-hour rated ceiling is provided for all water reactive storage or treatment bays. Contiguous bays which contain compatible hazardous waste may be considered as a single bay in meeting this standard. This standard shall not apply if the flammable or combustible hazardous waste is separated from other hazardous waste management areas in accordance with the distances specified in subparagraph 62-730.182(7)(a)2., F.A.C.

(k) The facility is provided with an automatic fire sprinkler or suppression system. Fire suppression agents are compatible with the predominant type or types of hazardous waste managed. [Note, the National Fire Protection Association (NFPA) provides design standards for fire sprinkler and suppression systems in the National Fire Codes].

(l) Lightning protection is provided for all interior storage or treatment structures for hazardous waste treatment, storage and transfer facilities [Note, the National Fire Protection Association (NFPA) provides standards for the installation of lightning protection systems in the National Fire Codes].

(m) The owner or operator maintains a real-time record of information online or at an off-site location that identifies the generators of the waste and the quantity, type, location, and hazards of the waste at the facility, and makes this information accessible to the Department, to the county in which the facility is located, to any municipality with planning jurisdiction over the site of the facility, and to emergency response agencies that have a role under the contingency plan for the facility.

(n) In addition to the security requirements of 40 C.F.R. 264.14, the owner or operator provides a security and surveillance system at the facility 24 hours a day, seven days a week, either by employing trained facility personnel or by providing an electronic security and surveillance system which may include television, motion detectors, heat-sensing equipment, combustible gas monitors, or any combination of these, capable of promptly detecting unauthorized access to the facility; monitoring conditions; identifying operator errors; and detecting any discharge that could directly or indirectly cause a fire, explosion, or release of hazardous waste or hazardous waste constituents into the environment or threaten human health.

(o) The owner or operator installs an on-site wind monitor located so that the real-time wind direction can be determined from a remote location in the event of a release of hazardous waste or hazardous waste constituents into the environment.

(8) The owner or operator shall not implement a proposed modification until the Department approves the demonstration required by this section.

History

• Rulemaking Authority 403.0877, 403.7211 FS. Law Implemented 403.0877, 403.7211 FS. History–New 10-28-08.

Fla. Admin. Code R. 62-730.183 Land Disposal Restrictions

The Department adopts by reference 40 C.F.R. Part 268 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12296, and as amended in the 84 Federal Register dated December 9, 2019, (67202-67220) http://www.flrules.org/Gateway/reference.asp?No=Ref-12299, and all appendices, with the exception of subsections (1) and (2), of this rule.

(1) 40 C.F.R. 268.5, 268.6, 268.42(b) and 268.44(a) through (g). The authority for implementing these excluded sections remains with EPA. However, internal references to 40 C.F.R. 268.44 in 268.30(d)(3), 268.33(b)(3), 268.34(e)(3), 268.35(b)(3), 268.38(d)(3), 268.39(f)(3), 268.49(b) and 268.50(e) shall mean 40 C.F.R. 268.44(a) through (m).

(2) The inclusion of lab packs containing D009 wastes in 40 C.F.R. 268.7(a)(9)(iii).

History

• Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.704, 403.721 FS. History–New 1-25-89, Formerly 17-30.183, Amended 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.183, Amended 1-5-95, 9-7-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 6-29-12, 6-18-18, 6-26-19, 10-30-20.

Fla. Admin. Code R. 62-730.185 Standards for Universal Waste Management

(1) The Department adopts by reference 40 C.F.R. Part 273 revised as of July 1, 2019, http://www.flrules.org/Gateway/reference.asp?No=Ref-12297, and as amended in the 84 Federal Register dated December 9, 2019 (67202-67220) http://www.flrules.org/Gateway/reference.asp?No=Ref-12299.

(2) Any person seeking to add a hazardous waste or any category of hazardous waste to this section may petition under Section 120.54(7), F.S.; and 40 C.F.R. 260.20 and 260.23 [both as adopted by reference in subsection 62-730.021, F.A.C.], 273.80 and 273.81 [both as adopted by reference in subsection 62-730.185(1), F.A.C.].

History

• Rulemaking Authority 403.704, 403.721, 403.8055 FS. Law Implemented 403.061, 403.704, 403.721 FS. History–New 9-7-95, Amended 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 6-18-18, 6-26-19, 10-30-20.

Fla. Admin. Code R. 62-730.186 Universal Pharmaceutical Waste

History

• Rulemaking Authority 403.061, 403.151, 403.704, 403.72, 403.721 FS. Law Implemented 120.52, 120.54, 403.061, 403.151, 403.704, 403.72, 403.721 FS. History–New 4-22-07, Amended 1-4-09, 4-23-13, 6-18-18, Repealed 8-16-19.

Fla. Admin. Code R. 62-730.200 Introduction, Scope and Procedures for Decision Making

(1) This Part provides the requirements and procedures for the issuance, approval, denial, renewal, modification, and revocation of any research development and demonstration permit, temporary operation permit, construction permit, postclosure permit, corrective action permit, emergency permit, clean closure plan, remedial action plan, variance, closure equivalency determination, or other authorization required by law from the Department for a hazardous waste facility.

(2) The provisions of Chapter 62-4, F.A.C., shall also apply to the permitting of hazardous waste facilities, but only to the extent chapter 62-4, F.A.C., is consistent with this part.

(3) The Department will follow the procedures set forth in these sections of 40 C.F.R. Part 124 revised as of July 1, 2008: 124.3(a); 124.5(a), (c), and (d); except the optional amendment to 124.5(c)(1) in the Federal Register dated September 8, 2005 (70 FR 53419); 124.6(a), (d), and (e) except (d)(4)(ii) through (v); 124.8(a) and (b) except (b)(3) and (b)(8); 124.10(a) except (a)(1)(i) and (a)(1)(iv) through (a)(3); 124.10(b); 124.10(c) except (c)(1)(iv) through (viii); 124.10(d) except (d)(1)(vii) through (ix) and (d)(2)(iv); 124.11; 124.12(a); and 124.17 except (b); 124.31 except for two sentences in 124.31(a) which include the phrase “over which EPA has permit issuance authority” and the optional amendments to 124.31(a), (b) and (c) in the Federal Register dated September 8, 2005 (70 FR 53419); 124.32 except for two sentences in 124.32(a) which include the phrase “over which EPA has permit issuance authority” and the optional amendment to 124.32(a) in the Federal Register dated September 8, 2005 (70 FR 53419); and 124.33 except for 124.33(a), which are hereby adopted by reference. For the optional amendments excepted in this section, the language in effect on September 8, 2005 remains in effect. Sections 124.31, 124.32, 124.33 apply to all applicants seeking construction or operation permits for hazardous waste management units.

(4) Whenever a permit is required pursuant to this chapter and when other rules of the Department require another type of permit, the Department will make every effort to consolidate the review, issuance, and reissuance of Department permits.

(5) Permits may be issued or denied for one or more hazardous waste management unit at a facility without simultaneously issuing or denying a permit to all hazardous waste management units at the facility. The permit status of any unit for which a permit has not been issued or denied is not affected by the issuance or denial of a permit to any other unit at the facility.

Rulelmaking Authority 403.704, 403.721, 403.722, 403.8055 FS. Law Implemented 403.704, 403.721, 403.722 FS. History–New 7-1-82, Formerly 17-30.20, Amended 9-23-87, 6-28-88, Formerly 17-30.200, Amended 9-10-91, 10-14-92, Formerly 17-730.200, Amended 1-5-95, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09.

Fla. Admin. Code R. 62-730.210 Definitions

(1) The definitions as described in Rule 62-730.020, F.A.C., shall apply to this part.

(2) In addition, as used in this part:

(a) “Authorization” means any permit, certification, consent, designation, approval, variance, registration, license, agreement, order (including consent order), enforceable document, or other determination required by law from the Department prior to some proposed action or to obtain some relief.

(b) “Clean closure determination” means a determination by the Department that all wastes and waste residues; all contaminated system components, structures and equipment; and all soil, sediment, groundwater, and surface water at a contaminated site have been removed or decontaminated to the extent necessary to protect human health and the environment. Applicants for a clean closure determination without controls must demonstrate that they meet cleanup target levels for risk management option level I pursuant to subsection 62-780.680(1), F.A.C. The term “no further action” refers only to sites that receive a clean closure determination without controls. Applicants for a clean closure determination with controls must demonstrate that they meet the cleanup target levels for risk management option level II or III pursuant to subsections 62-780.680(2) and (3), F.A.C. The term “no further action with controls” refers to sites that receive a clean closure determination with controls. “Sites” as used in this paragraph means solid waste management units (SWMUs), regulated hazardous waste management units, and areas of concern (AOCs).

(c) “Clean closure plan” means an enforceable document designed to achieve a clean closure determination with or without controls.

(d) “Closure” means the cessation of operation of a hazardous waste facility or unit, and the act of securing such a facility or unit pursuant to the requirements of Rule 62-730.180, F.A.C., so that it will pose no significant threat to human health or the environment.

(e) Contaminated site” means any contiguous land, sediment, surface water, or groundwater area that contains contaminants that may be harmful to human health or the environment. The term includes releases of contaminants from SWMUs, regulated hazardous waste management units, and AOCs.

(f) “Corrective action permit” means a hazardous waste facility permit that authorizes remedial activities for solid waste management unit(s) as described in 40 C.F.R. 264.101 or that authorizes remedial activities for SWMUs, regulated unit(s) or AOCs pursuant to 40 C.F.R. 264.110(c) or 40 C.F.R. 265.110(c). At operating hazardous waste management facilities, conditions for remedial activities will be incorporated into the operation permit. At facilities that have or once had a permit to operate or close a hazardous waste disposal unit, a corrective action-only permit is not available if the unit is closed with controls, unless the Department has accepted a certification of completion of postclosure for all such hazardous waste disposal units at the facility.

(g) “Enforceable document” means a written action by the Department which is subject to the provisions of Section 120.69, F.S.

(h) “Notice of deficiency” (NOD) means a certified letter from the Department to an applicant for any permit or other authorization indicating those items which were not completed or were inadequate in the original application or in subsequent submittals and requesting the submission of the required information.

(i) The phrase “owner or operator” includes a permittee or a respondent subject to a Department order.

(j) “Part I” means the section of the permit application submitted on the DEP form adopted in paragraph 62-730.220(2)(a), F.A.C.

(k) “Part II” means all other sections of the permit application submitted to demonstrate compliance with 40 C.F.R. Part 264.

(l) “Permit” means a type of legal authorization granted by the Department to engage in or conduct any construction, operation, or remedial activities at a hazardous waste facility for a specified period of time.

(m) “Postclosure permit” means a hazardous waste facility permit issued pursuant to the provisions of 40 C.F.R. 270.1(c) and 40 C.F.R. 270.28.

(n) “Remedial activities” means all activities required or undertaken to identify contamination and to reduce the concentration of contaminants to meet cleanup target levels. The term includes “closure” as outlined in 40 C.F.R. 264.111 through 264.115 [as adopted in subsection 62-730.180(1), F.A.C.] and 40 C.F.R. 265.111 through 265.115 [as adopted in subsection 62-730.180(2), F.A.C.] with respect to closing hazardous waste treatment, storage and disposal units; “postclosure care” as outlined in 40 C.F.R. 264.117 through 264.120 [as adopted in subsection 62-730.180(1), F.A.C.] and 40 C.F.R. 265.117 through 265.120 [as adopted in subsection 62-730.180(2), F.A.C.] with respect to closed hazardous waste treatment, storage and disposal units; and “corrective action” as required by 40 C.F.R. Part 264 [as adopted in subsection 62-730.180(1), F.A.C.] for releases from any solid waste management unit at a hazardous waste facility. The term “remedial activities” with respect to a solid or hazardous waste management unit corresponds to “site rehabilitation” as used in Chapter 62-780, F.A.C., and defined at subsection 62-780.200(44), F.A.C.

(o) “Subpart H remedial action plan” or “Subpart H RAP” means a special form of hazardous waste authorization as promulgated in 40 C.F.R. Part 270 Subpart H [as adopted in subsection 62-730.220(1), F.A.C.] to approve the treatment, storage or disposal of hazardous remediation waste as defined in 40 C.F.R. 260.10 [as adopted by reference in subsection 62-730.020(1), F.A.C.].

(p) “Temporary operation permit” (TOP) means the legal authorization, limited to a maximum of 3 years, granted by the Department to operate a hazardous waste facility in accordance with Section 403.722, F.S.

History

• Rulemaking Authority 376.30701, 403.704, 403.722 FS. Law Implemented 376.30701, 403.704, 403.722 FS. History–New 7-9-82, Amended 1-5-84, Formerly 17-30.21, Amended 9-23-87, Formerly 17-30.210, Amended 9-10-91, Formerly 17-730.210, Amended 1-29-06, 11-29-06, 4-23-13.

Fla. Admin. Code R. 62-730.220 Applications for Permits and Other Authorizations

(1) The Department adopts by reference the following sections of 40 C.F.R. Part 270 revised as of July 1, 2024, http://flrules.org/Gateway/reference.asp?No=Ref-18171, and as amended in the 89 Federal Register dated July 26, 2024 (60692-60740) http://flrules.org/Gateway/reference.asp?No=Ref-18160 and October 11, 2024 (82682-82872) http://flrules.org/Gateway/reference.asp?No=Ref-18163: 270.1(c), except for the Project XL site-specific regulations in 270.1(c)(2)(ix); 270.2, except for the optional amendments to the definition of “permit” and “Standardized Permit” in the Federal Register dated September 8, 2005 (70 FR 53419); 270.3; 270.4; 270.6; 270.10 except for the optional amendments to 270.10(a) and (h) in the Federal Register dated September 8, 2005 (70 FR 53419); 270.11; 270.12 through 270.28; 270.30; 270.31; 270.32(b)(2); 270.33; 270.51 except for the optional amendments to 270.51(e) in the Federal Register dated September 8, 2005 (70 FR 53419); 270.61; 270.62; 270.65; 270.66; 270.68; 270.72; 270.79 through 270.230; and 270.235.

(2)(a) Applicants for hazardous waste permits shall use the following forms, which are hereby adopted and incorporated by reference, and shall comply with subsection (7) of this section. These forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

1. Application for a Hazardous Waste Permit Part 1 – General, Form 62-730.900(2)(a), effective date 12-2019 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11233).

2. Information Regarding Potential Releases from Solid Waste Management Units, Form 62-730.900(2)(c), effective date 12-2019 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11234).

3. Application for a Hazardous Waste Facility Permit Certification, Form 62-730.900(2)(d), effective date 12-2019 (http://www.flrules.org/Gateway/reference.asp?No=Ref-11235).

(b) The Department shall, upon request of the applicant, combine applications for all required hazardous waste permits at the same hazardous waste facility into one issued permit. The fee for a combined application shall be the highest of all applicable fees. Operation under a combined construction and operation permit shall not begin until the facility is in full compliance with 40 C.F.R. Part 264 standards.

(3) All applicants for hazardous waste authorizations (including permits) shall supply the number of copies of applications and supporting documents requested by the Department. All copies shall contain original signatures and seals in all instances where a signature or certification is required. Except as otherwise instructed in this rule, all applications shall be sent for review and determination to the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(4) All applicants for a hazardous waste authorization shall indicate all other federal and state laws that may apply to the activity for which authorization is requested.

(5) 40 C.F.R. 262.14(a)(5)(iii) [as adopted in subsection 62-730.160(1), F.A.C.] provides that waste generated by very small quantity generators (“VSQG waste”) must be delivered to certain specified facilities, including a facility “authorized to manage hazardous waste by a State with a hazardous waste management program approved under Part 271 of this chapter.” Florida is such a state. The Department’s authorization to manage VSQG waste shall include facility-specific operating conditions, including location, generator responsibilities, amount and type of wastes, time limits, and recordkeeping, as appropriate to the request and generator status of the authorized person.

(6) Within 60 days after receipt of an application for a hazardous waste facility authorization, the Department shall examine the application and notify the applicant of apparent errors or omissions and request additional information through a Notice of Deficiency (NOD). The applicant shall respond to the Department within the time limit set forth in the NOD or within 30 days of receipt of the NOD, if no time limit is set forth in the NOD. Failure to provide complete and adequate responses to an NOD with respect to application for a hazardous waste authorization within the time limit is a violation of this rule.

(7) Applicants for a hazardous waste permit shall include with Part II of their permit application all of the following information, as applicable, in addition to that required by the sections of 40 C.F.R. Part 270 adopted in subsection (1) of this rule.

(a) Owners or operators of facilities that store or propose to store containers of hazardous waste shall include a complete description of the procedures used to comply with 40 C.F.R. 264.171, 264.172 and 264.173.

(b) Owners or operators of facilities that use or propose to use tank systems for storage or treating hazardous waste shall include a copy of the complete plan describing their response to leaks or spills and disposition of leaking or unfit-for-use tank systems as required by 40 C.F.R. 264.196. For tank systems that do not meet the containment requirements of 40 C.F.R. 264.193, the application shall include a complete description of the leak test or other approved method used to comply with 40 C.F.R. 264.193(i)(1), (2) and (3).

(c) Owners or operators of facilities that treat or dispose of hazardous waste in land treatment units or propose the use of land treatment units shall include:

1. A complete description of an unsaturated zone monitoring program that complies with 40 C.F.R. 264.278; and,

2. A complete statement of how the recordkeeping requirements of 40 C.F.R. 264.279 will be met.

(d) Owners or operators of facilities that dispose or propose to dispose of hazardous waste in landfills shall include a complete description of how the surveying and recordkeeping requirements of 40 C.F.R. 264.309 will be met.

(e) The owners or operators of facilities that incinerate or propose to incinerate hazardous waste shall include a certification of the results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity. The certification shall include a statement about the precision and accuracy of these measurements for any previously conducted trial burn.

(f) The owners or operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units or propose the use of miscellaneous units shall include a complete explanation of how the requirements of 40 C.F.R. 264.17 will be met if ignitable, reactive, or incompatible wastes are to be placed in the miscellaneous unit.

(g) Owners or operators of hazardous waste treatment, storage or disposal facilities that intend to operate a transfer facility at the facility shall submit information that demonstrates compliance with Rule 62-730.171, F.A.C., as part of the hazardous waste facility permit application which is described in Rule 62-730.220, F.A.C.

(8) All applications for an authorization shall be certified by the facility owner, facility operator, and real property owner. The determination of the proper person to sign applications as owner, operator and real property owner shall be made in accordance with the provisions of 40 C.F.R. 270.11.

(9) All applications, plans, specifications, certification of construction completion reports, and other related documents shall be certified by a professional engineer registered in the State of Florida, except as provided in subsection 62-4.050(3), F.A.C.

(10) All applications, plans, specifications and supporting documents, or any part thereof, which involve the practice of professional geology as defined in chapter 492, F.S., shall be certified by a professional geologist licensed by the State of Florida.

(11) All applications for hazardous waste authorizations, other than permits, shall include all the information required by this part and by Forms 62-730.900(2)(a), (c), and (d) as adopted in paragraph 62-730.220(2)(a), F.A.C. All applications for hazardous waste authorizations that include elements of a Part II permit application shall be submitted in the same format as the instructions provided by the Department. For example, the Closure Plan shall be in “Part II. K” of the application. Provide a header with the revision number, date and page number on each page of the application. Applications (or revised pages to applications) shall include an index page which indicates all the items being certified by a professional engineer.

History

• Rulemaking Authority 403.061, 403.087, 403.704, 403.721, 403.722, 403.8055 FS. Law Implemented 403.151, 403.704, 403.707, 403.721, 403.722, 403.723, 403.727 FS. History–New 7-9-82, Amended 1-5-84, 8-19-84, 7-22-85, Formerly 17-30.22, Amended 9-23-87, 6-28-88, 12-12-88, Formerly 17-30.220, Amended 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.220, Amended 1-5-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 4-5-16, 6-18-18, 6-26-19, 11-13-19, 10-30-20, 9-10-25.

Fla. Admin. Code R. 62-730.225 Requirements for Remedial Activities

(1) Risk based corrective actions authorized in section 376.30701, F.S., and cleanup target levels (CTLs) and rules promulgated thereunder in Chapters 62-777 and 62-780, F.A.C., shall apply to remedial activities at hazardous waste facilities, with the following clarifications:

(a) Where a provision in Chapter 62-780, F.A.C., conflicts with a specific, applicable requirement of 40 C.F.R. Part 264 or Part 265, the C.F.R. provision controls.

(b) Remedial activities are subject to the public notice requirements of Rule 62-730.292, F.A.C., and the financial assurance requirements of Rule 62-730.226, F.A.C.

(c) Within 60 days of completion of remedial activities, the owner or operator shall submit to the Department, a certification that the remedial activities were performed in accordance with the specifications in the approved remedial activities plan. In addition to the professional certifications required by rules promulgated pursuant to Section 376.30701, F.S., the certification shall be signed by the owner or operator of the hazardous waste facility. Certification of completion of closure or postclosure care for a regulated hazardous waste surface impoundment, waste pile, land treatment unit, or landfill shall be sent by registered mail.

(2) One electronic copy of field and laboratory data, in field delimited and image formats, shall be submitted to the Department in accordance with the requirements of the permit or other authorization.

History

• Rulemaking Authority 376.30701, 403.061, 403.704, 403.707, 403.72, 403.721, 403.722, 403.7255 FS. Law Implemented 376.30701, 403.087, 403.088, 403.704, 403.707, 403.72, 403.721, 403.722 FS. History–New 1-29-06, Amended 11-29-06, 4-23-13.

Fla. Admin. Code R. 62-730.226 Financial Assurance for Remedial Activities

(1) Unless otherwise exempted from corrective action financial assurance requirements pursuant to state or federal law, the following persons shall establish and maintain financial assurance for remedial activities using the appropriate forms adopted in subsection 62-730.180(6), F.A.C.:

(a) An owner or operator who is required to establish a corrective action program under 40 C.F.R. 264.100 or 264.101 [as adopted in subsection 62-730.180(1), F.A.C.]; and,

(b) An owner or operator who undertakes remedial activities pursuant to an operating permit, a postclosure permit, a corrective action permit or clean closure plan.

(2) An owner or operator as described in subsection (1) of this rule, shall provide a detailed written cost estimate in undiscounted current dollars. The cost estimate shall include all projected remedial activities. At a minimum, the cost estimate shall equal the estimated cost of completing such remedial activities according to the schedule and methods outlined in a plan for the remedial activities.

(3) The cost estimate for remedial activities shall:

(a) Itemize the separate costs for each year;

(b) Indicate the sum of the separate costs for each year;

(c) Indicate the sum of all the costs for remedial activities; and,

(d) Be based on the costs to the owner or operator of hiring a third party to perform remedial activities at the facility according to the methods specified in the approved remedial activities plan. A third party is a party that is neither a parent nor subsidiary of the owner or operator.

(4) The cost estimate for remedial activities shall:

(a) Not incorporate any salvage value that may be gained by the sale of hazardous wastes, facility structure or equipment, land or other facility assets at the time of partial or final closures; and,

(b) Incorporate a zero cost for hazardous waste that might have economic value.

(5) The owner or operator of a facility required to undertake remedial activities shall:

(a) Choose from the options described in 40 C.F.R. 264.143 [as adopted in subsection 62-730.180(1), F.A.C.] to provide financial assurance for remedial activities and comply with the requirements of 40 C.F.R. 264.143.

(b) Submit the appropriate forms adopted in subsections 62-730.180(6), F.A.C. Photocopies of Department supplied forms are acceptable. Retyped forms are not acceptable and will be returned.

(c) Provide financial assurance within 30 days of notification by the Department that the cost estimate is approved.

(6) The owner or operator shall adjust the cost estimate for remedial activities, including the cost estimates for each year of remedial activities, for inflation within 60 days prior to the anniversary date of the established financial instrument(s). For owners or operators using the financial test or corporate guarantee, the cost estimate for remedial activities shall be updated for inflation before submission of updated information as specified in 40 C.F.R. 264.143(f)(3) [as adopted in subsection 62-730.180(1), F.A.C.].

(7) The owner or operator shall revise the cost estimate for remedial activities no later than 30 days after the Department approves a request to modify specified remedial activities if the change increases the cost or expected duration of remedial activities. The revision shall reflect any change in the total number of years required to perform the remedial activities and any changes in the estimated costs for each year of the remedial activities. The owner or operator shall adjust the revised costs for inflation as specified in subsection (6) of this rule.

(8) An owner or operator may obtain a financial assurance variance upon a complete and adequate showing that the owner or operator is unable to obtain or provide financial assurance. Such showing shall include annual documentation of efforts to obtain or provide financial assurance; a copy of the most recent federal tax returns filed by the owner or operator; and an audited financial statement prepared on an accrual basis in accordance with generally accepted accounting principles (GAAP). The financial statement shall consist of a balance sheet, statement of income and statement of cash flows. A statement of retained earnings shall also be provided where applicable to the entity providing the financial statement.

History

• Rulemaking Authority 403.201, 403.704, 403.721, 403.724 FS. Law Implemented 403.201, 403.704, 403.721, 403.724 FS. History–Formerly 62-730.180(6), Amended 1-29-06, 4-23-13.

Fla. Admin. Code R. 62-730.231 Newly Regulated Facilities

History

• Rulemaking Authority 403.704, 403.722, 403.814 FS. Law Implemented 403.704, 403.722, 403.8055 FS. History–New 9-23-87, Amended 6-28-88, Formerly 17-30.231, Amended 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.231, Amended 1-5-95, 1-29-06, Repealed 2-16-12.

Fla. Admin. Code R. 62-730.240 Operation Permits

(1) No person shall begin operation of a hazardous waste facility without applying for and receiving an operation permit from the Department. Application for operation permits shall be made on DEP Forms 62-730.900(2)(a), (c) and (d) as adopted in paragraph 62-730.220(2)(a), F.A.C.

(2)(a) The period of operation includes the closure period.

(b) No later than 180 days before the date upon which the owner or operator expects to begin closure of the facility, the owner or operator shall apply for any modification of the operation permit necessary to detail, supplement, amend, revise, update or complete any approved closure plan.

(3) Within 60 days of completion of closure, the owner or operator of the hazardous waste facility shall submit to the Department a certification that the facility has been closed in accordance with the specifications in the closure plan. The certification shall be signed by both the owner or operator of the hazardous waste facility and an independent registered professional engineer.

(4) In the event that the owner or operator of a permitted hazardous waste management unit is unable to clean close the unit without controls within the time limits allowed by the operation permit, all postclosure care and/or corrective action requirements shall apply to the unit which will be called a “postclosure unit.” If the operation permit authorizes operation of hazardous waste management units other than the postclosure unit, the owner or operator shall apply for modification or renewal of the operation permit to include postclosure and/or corrective action conditions applicable to the postclosure unit. If the only units authorized by the operation permit are postclosure units (or units that have been clean closed without controls, in addition to the postclosure unit), the owner or operator must obtain a postclosure and/or corrective action permit from the Department.

(5) Facilities which are closing under 40 C.F.R. Part 264 standards [as adopted in subsection 62-730.180(1), F.A.C.] which have not been required to meet performance standards for new landfills, shall not be required to meet the double liner and leachate collection requirement of 40 C.F.R. Part 264 Subpart N at closure.

(6) Hazardous waste facilities that are issued an operation permit shall comply with 40 C.F.R. Part 264 standards [as adopted in subsection 62-730.180(1), F.A.C.], except for hazardous waste management units for which no 40 C.F.R. Part 264 standards have been adopted in which case 40 C.F.R. Part 265 standards [as adopted in subsection 62-730.180(2), F.A.C.] shall apply.

(7) Operation permits shall be issued for up to five years and shall be renewable. Operation permits shall not be issued for less than five years without cause.

History

• Rulemaking Authority 403.087, 403.704, 403.707, 403.721, 403.722 FS. Law Implemented 403.704, 403.707, 403.721, 403.722 FS. History–New 7-9-82, Formerly 17-30.24, Amended 9-23-87, Formerly 17-30.240, Amended 9-10-91, 10-14-92, Formerly 17-730.240, Amended 1-29-06, 4-23-13.

Fla. Admin. Code R. 62-730.250 Construction Permits

(1) No person shall begin construction or major modification of any unit at a hazardous waste facility without applying for and receiving a construction permit from the Department. Application for construction permits shall be made on DEP forms adopted in paragraph 62-730.220(2)(a), F.A.C.

(2) If a construction permit for an incinerator allows a period of time necessary for trial burns pursuant to 40 C.F.R. Part 264 Subpart O [as adopted in subsection 62-730.180(1), F.A.C.] the owner or operator of such an incinerator shall submit a complete application for an operation permit within 90 days after a trial burn or within 180 days before expiration of the construction permit, whichever date is sooner. After the completion of a successful trial burn, an owner or operator of an incinerator may operate under the construction permit until final agency action is taken on the operation permit, provided the facility is in compliance with 40 C.F.R. Part 264 standards and the conditions of the construction permit.

(3) An owner or operator of a facility other than an incinerator may operate under its construction permit until final agency action is taken on the operation permit so long as the facility is in compliance with 40 C.F.R. Part 264 standards, and makes timely application for an operation permit. For the purposes of this rule, timely application shall mean a complete application for an operation permit at least 180 days prior to expiration of the construction permit and within 90 days of completion of construction, whichever occurs first.

(4) Notwithstanding subsection (1) of this rule, no permit shall be required under this section in order to construct a facility if such facility is constructed pursuant to approval by the Department and EPA under appropriate regulatory programs for the incineration of polychlorinated biphenyls. Any person owning or operating such a facility may at any time after construction or operation has begun, file a complete operation permit application to incinerate hazardous waste at the facility.

(5) No major modification to a facility, which includes the construction or expansion of hazardous waste management units, shall be undertaken without application for and receipt of a construction permit. Modifications which do not require a construction permit may require a permit modification under Rule 62-730.290, F.A.C. No construction permit shall be required for changes made solely for the purpose of complying with the requirements of 40 C.F.R. 265.193 [as adopted in subsection 62-730.180(2), F.A.C.].

(6) No person operating a hazardous waste transfer facility may alter operations or modify the facility so that it becomes a hazardous waste treatment, storage or disposal facility without first obtaining a hazardous waste construction permit.

History

• Rulemaking Authority 403.087, 403.704, 403.707, 403.721, 403.722 FS. Law Implemented 403.704, 403.707, 403.721, 403.722 FS. History–New 7-9-82, Formerly 17-30.25, Amended 9-23-87, 12-12-88, Formerly 17-30.250, Amended 7-3-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.250, Amended 1-5-95, 1-29-06, 4-23-13.

Fla. Admin. Code R. 62-730.260 Permits for Remedial Activities

(1) Except as authorized by the Department pursuant to this chapter, no person shall conduct remedial activities, as defined in Rule 62-730.210, F.A.C., at a hazardous waste facility without applying for and receiving a hazardous waste permit that includes conditions for remedial activities. Such permits include operation permits, postclosure permits, and corrective action permits. Where applicable, corrective action conditions shall be incorporated into a postclosure or operation permit.

(2) The owner or operator shall apply for a postclosure or corrective action permit on DEP forms adopted in paragraph 62-730.220(2)(a), F.A.C., either:

(a) At the time specified in a permit issued under this chapter, or

(b) Within 90 days of receipt of notification from the Department that a postclosure or corrective action permit is required.

(3) The owner or operator shall pay applicable fees pursuant to Rule 62-730.293, F.A.C., until the remedial activities are complete.

(4) The owner or operator shall apply for renewal of the postclosure or corrective action permit at least 180 days prior to its expiration throughout the remedial activities period.

(5) The term of a postclosure permit and a corrective action permit shall be 10 years.

(6) If postclosure plans have been approved by the Department as part of another application, the applicant for a postclosure permit shall include a copy of the approved postclosure plan with the application. The applicant shall also either:

(a) Attach a certification stating that no changes have been made to the plans, or

(b) Provide an amended plan showing all the changes which have been made, or are proposed to be made to the plans.

(7) Within 60 days of completion of the established postclosure care period for each hazardous waste unit, the owner or operator of the hazardous waste facility shall submit to the Department, by registered mail, a certification that the postclosure care period for each hazardous waste unit was performed in accordance with the specifications in the approved postclosure plan. The certification shall be signed by the owner or operator of the hazardous waste facility and an independent registered, professional engineer.

(8) A hazardous waste facility that closes with waste in place must record a deed notice pursuant to 40 C.F.R. 264.119 or 40 C.F.R. 265.119 “in accordance with State law.” In Florida, this requirement must be fulfilled by the following:

(a) A restrictive covenant that runs with the land, or

(b) For government-owned facilities that are not transferred out of government ownership, a property management plan or land use control remedial design or corrective measures implementation plan that effectively controls exposure risks.

History

• Rulemaking Authority 403.704, 403.707, 403.721, 403.722 FS. Law Implemented 403.087, 403.704, 403.707, 403.721, 403.722 FS. History–New 7-9-82, Formerly 17-30.26, Amended 9-23-87, 6-28-88, Formerly 17-30.260, Amended 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.260, Amended 1-5-95, 1-29-06.

Fla. Admin. Code R. 62-730.265 Clean Closure Plans at Unpermitted Facilities and Subpart H Remedial Action Plans

(1) Owners and operators of unpermitted hazardous waste facilities subject to the permitting requirements of 40 C.F.R. Parts 264 or 270 may perform remedial activities in accordance with the provisions of this chapter by obtaining an alternate enforceable document that meets the requirements of 40 C.F.R. 265.121 [as adopted in subsection 62-730.180(2), F.A.C.], with clean closure plan requirements. Except as provided in 40 C.F.R. 264.1(g)(8) [as adopted in subsection 62-730.180(1), F.A.C.] no person shall conduct remedial activities at an unpermitted hazardous waste facility without applying for and receiving a hazardous waste permit, or complying with a clean closure plan issued by the Department or an order issued by EPA pursuant to §3008(h) of RCRA [42 USC §6928(h)].

(2) Owners and operators of unpermitted hazardous waste facilities subject to the permitting requirements of 40 C.F.R. Part 264 [as adopted in subsection 62-730.180(1), F.A.C.] or 40 C.F.R. Part 270 [as adopted in subsection 62-730.220(1), F.A.C.] shall comply with the provisions for remedial activities of Rule 62-730.225, F.A.C., the financial assurance provisions of Rule 62-730.226 and the public notice requirements of Rule 62-730.292, F.A.C.

(3) Owners and operators of remediation sites where hazardous remediation waste as defined in 40 C.F.R. 260.10 [as adopted in subsection 62-730.020(1), F.A.C.] is generated, may apply for approval of a Subpart H RAP in accordance with the requirements and procedures of 40 C.F.R. Part 270 Subpart H [as adopted in subsection 62-730.220(1), F.A.C.] in order to treat, store or dispose of the hazardous remediation waste. All applications for a Subpart H RAP shall be sent to the appropriate department project manager.

(4) The Department periodically prepares or updates a summary of options for management of environmental media (soil, sediments, groundwater, surface water) that contains hazardous waste. This summary is updated from time to time and is referenced for informational purposes only. Use of the summary is not mandatory. A copy can be obtained by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or by locating the publication entitled “Management of Contaminated Media Under RCRA” at https://floridadep.gov/waste/permitting-compliance-assistance/content/hazardous-waste-publications.

History

• Rulemaking Authority 403.704, 403.707, 403.721, 403.722 FS. Law Implemented 403.704, 403.707, 403.721, 403.722 FS. History–New 1-29-06, Amended 6-18-18.

Fla. Admin. Code R. 62-730.270 Exemptions

(1) No permit under this chapter shall be required for the following:

(a) An ocean disposal barge or vessel, if the owner or operator:

1. Has and complies with a Federal permit for ocean dumping issued under 40 CFR Part 220; and,

2. Complies with 40 C.F.R. 264.11, 264.71, 264.72, 264.73(a) and (b)(1), 264.75, and 264.76 [as adopted in subsection 62-730.180(1), F.A.C.].

(b) A Publicly Owned Treatment Works (POTW), if the owner or operator:

1. Has and complies with a National Pollutant Discharge Elimination System (NPDES) permit, if required, and an applicable State domestic waste permit issued by the Department,

2. Complies with 40 C.F.R. 264.11, 264.71, 264.72, 264.73(a) and (b)(1), 264.75, and 264.76 [as adopted in subsection 62-730.180(1), F.A.C.],

3. Accepts only waste which meets all Federal, State, and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe, or similar conveyance; and,

4. For permits issued after November 8, 1984, complies with 40 C.F.R. 264.101 [as adopted in subsection 62-730.180(1), F.A.C.].

(c) An injection well, if the owner or operator:

1. Has and complies with a State underground injection permit issued by a federally approved State Underground Injection Control program,

2. Complies with 40 C.F.R. 264.11, 264.16, 264.71, 264.72, 264.73(a),(b)(1), and (b)(2), 264.75, and 264.76 [as adopted in subsection 62-730.180(1), F.A.C.]; and,

3. For permits issued after November 8, 1984, complies with 40 C.F.R. 264.101 [as adopted in subsection 62-730.180(1), F.A.C.].

(2) Notwithstanding any other provision in Chapter 62-730, F.A.C., a facility which has been issued a permit under this chapter shall not be required to obtain a Department solid waste permit for the activities addressed in the hazardous waste permit.

(3) The following persons shall not be required to obtain a hazardous waste TOP, operation, construction, or closure permit:

(a) Generators of hazardous waste and hazardous waste facilities exempted or excluded from the hazardous waste permit program under other applicable provisions of federal or state law, rules or regulations, so long as all conditions of the exemption or exclusion are met.

(b) Generators of waste or facilities managing such wastes if those wastes are specifically excluded from the hazardous waste program under other applicable provisions of federal or state law, rules or regulations, so long as all conditions of the exclusion are met.

History

• Rulemaking Authority 403.704, 403.721, 403.722 FS. Law Implemented 403.704, 403.7045, 403.721, 403.722 FS. History–New 7-1-82, Formerly 17-30.27, Amended 9-23-87, Formerly 17-30.270, 17-730.270, Amended 1-29-06.

Fla. Admin. Code R. 62-730.280 Permit Conditions

History

• Rulemaking Authority 403.704, 403.722 FS. Law Implemented 403.704, 403.722 FS. History–New 7-9-82, Amended 10-25-84, Formerly 17-30.28, Amended 9-23-87, 6-28-88, Formerly 17-30.280, Amended 8-13-90, 9-10-91, Formerly 17-730.280, Repealed 10-20-96.

Fla. Admin. Code R. 62-730.290 Modification and Transfer of Permits and Other Authorizations

(1) After notice, and administrative hearing if requested by a substantially affected party, the Department shall require the owner or operator to conform to new or additional conditions upon a showing of good cause. For the purposes of this rule good cause shall be limited to the following:

(a) The standards or rules on which the permit or other authorization was based have been changed by amendment or judicial decision after the permit was issued or the authorization was granted;

(b) The Department has received information which was not available at the time of authorization and would have justified different conditions;

(c) There are alterations in the facility after authorization which justify different conditions but do not require a construction permit, or

(d) The causes set forth in subsection 62-4.080(1), F.A.C., and 40 C.F.R. 270.41 and 270.42.

(2) When a permit or other authorization is to be modified only the conditions subject to modification are opened. All other aspects of the permit or other authorization shall remain in effect.

(3) Upon a written request by the owner or operator and submittal of the appropriate modification fee, the Department shall grant or deny modifications.

(4) Modifications to permits or other authorizations which are Class 2 and Class 3 modifications as set forth in 40 C.F.R. 270.42, including construction or expansion of hazardous waste management units, shall be accompanied by a public notice as required in Rule 62-730.292, F.A.C. Modifications which are Class 1 modifications as set forth in 40 C.F.R. 270.42, are minor modifications and may be made without public notice.

(5) With respect to postclosure and corrective action permits only, the permittee may request a permit modification to achieve CTLs based on secondary standards or based on nuisance, organoleptic or aesthetic considerations, which includes termination of financial responsibility requirements for remedial activities and changes to the groundwater plan, or may enter into a consent order (CO) in lieu of a permit and request termination of the hazardous waste postclosure or corrective action permit, when the permittee can demonstrate that the only contamination that remains at or from the facility is groundwater contamination in excess of CTLs based on secondary standards or based on nuisance, organoleptic or aesthetic considerations.

(6)(a) Application for transfer of a hazardous waste facility permit or other authorization shall be made at least 90 days before the effective date of the transfer on the Application for Transfer of A Permit Form 62-730.900(1)(a), effective date January 29, 2006, which is hereby adopted and incorporated by reference. Rule 62-730.900, F.A.C., contains information on obtaining a copy of this form.

(b) With respect to permits, the applicant shall comply with Section 403.722(13), F.S., and the application shall include:

1. A properly completed Application for Transfer of A Permit, Form 62-730.900(1)(a).

2. A statement as to how the new owner or operator intends to meet the financial responsibility requirements adopted in Rules 62-730.180 and 62-730.226, F.A.C. The new owner or operator must demonstrate financial responsibility within six months of the date of the change of ownership or operational control of the facility. The prior owner or operator shall comply with the requirements of 40 C.F.R. Part 264 Subpart H [as adopted in subsection 62-730.180(1), F.A.C.] and Rule 62-730.226, F.A.C., until the new owner or operator has demonstrated compliance.

3. A completed application for a Hazardous Waste Facility Permit Part I, Form 62-730.900(2)(a) as adopted in paragraph 62-730.220(2)(a), F.A.C.

4. A completed application for a Hazardous Waste Facility Permit Certification, Form 62-730.900(2)(d) as adopted in paragraph 62-730.220(2)(a), F.A.C.

(c) All applications for transfer of a permit or other authorizations shall include either a certification stating that no changes are to be made which would require modification of the authorization or a proposal for modification.

History

• Rulemaking Authority 403.087, 403.704, 403.722 FS. Law Implemented 403.087, 403.704, 403.722 FS. History–New 7-9-82, Amended 10-25-84, Formerly 17-30.29, Amended 9-23-87, Formerly 17-30.290, Amended 7-3-89, 9-10-91, 10-7-93, Formerly 17-730.290, Amended 1-29-06, 4-23-13.

Fla. Admin. Code R. 62-730.291 Permit Renewal

(1) Prior to 180 days before the expiration of any hazardous waste permit, the permittee shall complete an application for a permit renewal, unless the facility has obtained or will obtain a facility-wide clean closure determination, without controls, or has entered or will enter into a CO to address CTLs based on secondary standards or based on nuisance, organoleptic or aesthetic considerations prior to the expiration of an existing permit. The Department will review the renewal permit application and issue or deny the permit in accordance with 40 CFR 270.51 [as adopted in subsection 62-730.220(1), F.A.C.].

(2) The application requirements for renewal of a permit are as follows:

(a) Owners or operators of facilities where there are changes to the facility plan or its operation (including closure) or remedial activities, or there are regulatory changes that effect its operation (including closure) or remedial activities, shall submit a letter describing the changes, all attachments necessary to completely describe the change, a completed Application for a Hazardous Waste Facility Permit Certification, Form 62-730.900(2)(d) as adopted in paragraph 62-730.220(2)(a), F.A.C., and the permit renewal fee.

(b) Owners or operators of facilities which have operated or are conducting remedial activities (including closure) under the existing permit without any facility or regulatory changes shall submit a letter stating that there are no changes to the application filed in support of the existing permit, a completed Application for a Hazardous Waste Facility Permit Certification, Form 62-730.900(2)(d), as adopted in paragraph 62-730.220(2)(a), F.A.C., and the permit renewal fee.

History

• Rulemaking Authority 403.704, 403.722 FS. Law Implemented 403.704, 403.722 FS. History–New 7-1-82, Formerly 17-30.30, Amended 9-23-87, 6-28-88, Formerly 17-30.300, Amended 8-13-90, 10-14-92, 10-7-93, Formerly 17-730.300, Amended 1-5-95, Formerly 62-730.300, Amended 1-29-06, 4-23-13.

Fla. Admin. Code R. 62-730.292 Public Notice for Hazardous Waste Permits and Other Authorizations

(1) The pre-application public meeting requirements of 40 C.F.R. 124.31 [as adopted in subsection 62-730.200(3), F.A.C.] apply to:

(a) Initial applications for construction or operation of a hazardous waste treatment, storage or disposal facility; and,

(b) Operation permit renewals which propose a significant change in facility operations.

(2) The following applicants shall comply with the requirements of Section 403.722(12), F.S.:

(a) The applicant for a permit to construct or operate a hazardous waste treatment, storage or disposal facility; and,

(b) The applicant for a modification or renewal of a construction or operation permit.

(3) The owner or operator shall cause notice of the Department’s action to be published in a major local newspaper or newspapers of general circulation within 30 calendar days of receipt of:

(a) The Department’s notice of intent to issue, modify, renew or terminate a hazardous waste permit; variance; or closure equivalency demonstration;

(b) An executed copy of an authorization from the Department to implement a clean closure plan;

(c) Approval by the Department of a remediation plan under 40 C.F.R. Part 270 Subpart H [as adopted in subsection 62-730.220(1), F.A.C.]; and/or

(d) A clean closure determination.

(4) The owner or operator shall cause the Department’s intent to issue a construction or operation permit (including modifications and renewals) to be broadcast over a local radio station.

(5) The notice for any hazardous waste permit or other hazardous waste authorization (except a variance and a clean closure determination) shall provide a 45-day period during which any person may comment on the Department’s action or request an informal public meeting and a substantially affected party may request a hearing pursuant to Sections 120.569 and 120.57, F.S. The notice period for a variance pursuant to 40 C.F.R. 260.31, 260.32 and 260.33 [as adopted in subsection 62-730.021, F.A.C.] shall be 30 days. The notice period for any other hazardous waste variance shall be 15 days. The notice period for a clean closure determination shall be 21 days in accordance with subsection 62-110.106(2), F.A.C. Each notice shall contain instructions on how to examine a copy of the agency action and how members of the public can avail themselves of these rights and opportunities.

(6) The applicant shall provide the Department with proof of the publication and broadcast required by this section within 14 days of the receipt of proof of publication, but no later than 45 days after the applicant receives the Department’s action.

(7) If within the applicable time limit after publication and broadcast as required in this section the Department receives written notice of opposition to the agency’s intention to issue such authorization and a request for a hearing, the Department shall provide for a hearing pursuant to Sections 120.569 and 120.57, F.S., if requested by a substantially affected party or an informal public meeting if requested by any other person. The Department shall provide at least 30 days public notice prior to the holding of such hearing or meeting. Failure to request a hearing within the applicable time period shall constitute a waiver of the right to a hearing under Sections 120.569 and 120.57, F.S.

History

• Rulemaking Authority 403.061, 403.087, 403.704, 403.721, 403.722 FS. Law Implemented 403.151, 403.704, 403.707, 403.721, 403.722 FS. History– New 1-29-06, Amended 4-23-13.

Fla. Admin. Code R. 62-730.293 Fees for Hazardous Waste Permits and Other Authorizations

(1) Notwithstanding chapter 62-4, F.A.C., the hazardous waste permit fees are as follows:

(a) Construction of a commercial treatment, storage, or disposal facility with a commercial incinerator, boiler or industrial furnace managing hazardous waste generated off-site.

(b) Operation of a commercial treatment, storage or disposal facility with a commercial incinerator, boiler or industrial furnace managing hazardous waste generated off-site.

(c) Department variance from federal regulations under 40 C.F.R. 260.30.

(d) A variance from classification as a solid waste; a variance to be classified as a boiler; a variance from tank containment and release detection requirements; or an exclusion determination for trivalent chromium waste.

(e) All other hazardous waste facility authorizations for which a specific fee is not specified in this subsection.

$32,500.00

(f) Construction of a hazardous waste landfill, surface impoundment, waste pile, land treatment, or miscellaneous unit.

(g) Construction of a hazardous waste treatment, storage or disposal facility with an incinerator, boiler or industrial furnace for treatment of hazardous waste generated onsite.

$25,000.00

(h) Construction of a container or tank hazardous waste storage and treatment facility.

$20,000.00

(i) A postclosure-only; or corrective action-only; or combination postclosure/corrective action-only authorization (i.e. a permit or an enforceable document).

$20,000.00 for 10 years or $2,000.00 per year

(j) Construction of a container or tank hazardous waste storage facility.

(k) Operation of a hazardous waste landfill, surface impoundment, waste pile, land treatment or miscellaneous unit.

(l) Operation of a hazardous waste treatment, storage or disposal facility with an incinerator, boiler or industrial furnace for treatment of hazardous waste generated on-site.

$15,000.00

(m) Operation of a container or tank hazardous waste storage or storage and treatment facility.

(n) Substantial modifications that require a moderate technical evaluation by the Department. Examples include alterations of the existing facility or its operation which will require additional site-specific evaluation.

$10,000.00

(o) A hazardous waste variance other than those in paragraph (c) or (d).

(p) Moderate modifications that require moderate technical evaluation by the Department. These modifications require a new site inspection, lead to different environmental impacts, or lessen the impacts of the original permit.

$5,000.00

(q) An operation permit renewal (closure or remedial activities conditions only) or a clean closure plan.

$2,000.00 per year

(r) A Research, Development and Demonstration (RDD) permit.

$2,000.00

(s) A “contained out” determination for soil or groundwater that contained hazardous waste and has undergone remedial activities.

(t) A renewal of a two-year variance.

(u) Minor modifications that are not otherwise specified. These include common or frequently occurring changes needed to maintain a facility’s capacity to manage wastes safely, minor changes in groundwater monitoring plans, or modifications to conform to new requirements.

$1,000.00 (no fee for contained out determination if incorporated into another authorization with a fee)

(v) A Subpart H remedial action plan (Subpart H RAP) for on-site treatment, storage, or disposal of hazardous remediation waste.

no fee required

(w) Substantial modifications that require significant changes to an existing authorization or clean closure plan and extensive evaluation by the Department. Examples include alteration of the existing facility; change in the facility plan, groundwater monitoring program assessment, or the remediation/engineering design; or other general facility standard.

same fee as a new application

(2) Fees for construction permits, operation permits and temporary operation permits (TOPs) may not be paid on a “per year” basis. Authorization fees established on a “per year” basis shall be payable as follows:

(a) Paying on a yearly basis is optional. If the applicant does not choose to pay on a yearly basis, the applicant shall submit whichever of the following is applicable with the application:

1. The entire payment for a five-year authorization which is equal to 5 times the “per year” fee amount, or

2. The entire payment for a 10-year authorization which is equal to 10 times the “per year” fee amount.

(b) If the applicant chooses the yearly payment option, the fee that accompanies the application shall be the amount established for one year. The next fee payment shall be due on the first anniversary of the effective date of the authorization. Each succeeding fee payment shall be due on the anniversary date of the effective date of the authorization. The applicant may choose to submit the fee for more than one year at a time, up to the maximum fee for the life of the permit. Failure to submit any fee payment shall be a violation of this rule and shall be grounds for termination of the authorization and other enforcement action. If payment of an annual fee is late, the annual fee shall increase $20.00 for each overdue day, up to a maximum increase of $3,250.00 per year.

History

• Rulemaking Authority 403.087, 403.201, 403.704, 403.722 FS. Law Implemented 403.087, 403.201, 403.704, 403.722 FS. History–New 1-29-06.

Fla. Admin. Code R. 62-730.320 Emergency Detonation or Thermal Treatment of Certain Hazardous Waste

(1) “Explosives or munitions emergency response specialist” (EMER Specialist) means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. EMER Specialists are limited to Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and civilian or contractor personnel certified by DOD in emergency explosive ordinance disposal; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

(2) “Explosives or munitions emergency” (“EME”) means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health (including safety) or the environment (including property), as determined by an EMER Specialist.

(3) “Explosives or munitions emergency response” (“EME Response”) means all immediate response activities by an EMER Specialist to control, mitigate, or eliminate the actual or potential threat encountered during an EME. An EME Response may include in-place render-safe procedures; treatment or destruction of the explosives or munitions; and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an EME Response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the EME.

(4) “Person having initial custody of the waste” means a person who has authority to request assistance from an EMER Specialist regarding the explosives or munitions waste that is the object of the EMER. This could be the owner of the waste; the person who generated the waste; the person who caused the waste to be at the location where found; or the owner of the real property where the waste is or was located (i.e. the real property where the EMER began); or an agent or tenant of the real property owner.

(5) If an EMER Specialist determines that an EME Response is necessary to protect human health or the environment, that specialist:

(a) Is not required to comply with the standards of 40 C.F.R. Part 262 [as adopted in subsection 62-730.160(1), F.A.C.] applicable to generators of hazardous waste;

(b) Is not required to comply with the standards of 40 C.F.R. Part 264 [as adopted in subsection 62-730.180(1), F.A.C.] or 40 C.F.R. Part 265 [as adopted in subsection 62-730.180(2), F.A.C.] applicable to treatment, storage, and disposal of hazardous waste;

(c) May authorize the removal of the material or waste by transporters who do not have EPA identification numbers and without the preparation of a manifest.

(6) All EME Responses involving waste that is reactive, shock sensitive, or explosive and can only be safely disposed through immediate detonation or thermal treatment, are subject to the following specific conditions:

(a) The person having initial custody of the waste shall notify the Department of the name, address and telephone number of the person having initial custody of the waste; the type and amount of waste; the anticipated time and place of the treatment or detonation; and procedures for detonation or treatment. After the Department has been notified the EME Response can proceed. The local Department representative or designee may be present to observe the detonation or treatment; however, the EME Response need not be delayed solely in order for the Department representative to arrive.

(b) The detonation or treatment shall be conducted or supervised by an EMER Specialist.

(c) Prior to detonation or treatment, the site shall be secured and no site access allowed except by authorized personnel. The area around the site shall be visually inspected to assure that no unauthorized personnel are present. The securing and inspections of the site shall be made to at least the following distances:

POUNDS OF WASTE EXPLOSIVE

MINIMUM DISTANCE

0 to 100

204 meters (670 feet)

101 to 1,000

380 meters (1,250 feet)

1,001 to 10,000

530 meters (1,730 feet)

10,001 to 30,000

690 meters (2,260 feet)

(d) Visible residual materials shall be recovered from the site and properly disposed of in accordance with Department rules.

(e) Adequate fire protection to assure confinement and control of any fire resulting from the operation shall be provided.

(7) In the case of EME Responses involving military munitions, the responding EMER Specialist’s organizational unit must retain records for three years identifying the location, dates and time of the EME Response, the responsible persons responding, the type and description of material addressed (including amounts and sampling data, if available), and its disposition.

(8) If an EME Response is clearly not necessary to address the situation and a response can be delayed without compromising safety or increasing the risk posed to life, property, health, or the environment, the person having initial custody of the explosives or munitions shall fulfill the requirements of 40 C.F.R. 270.61 [as adopted in subsection 62-730.220(1), F.A.C.] by providing oral or written notice to the Department and obtaining oral or written authorization from the Department prior to implementing a course of action. If the authorization is oral, it must be followed within five days by a written order. The following provisions apply to authorization under this subsection:

(a) Notice to the Department shall include the name of the person having initial custody of the explosives or munitions and the EMER Specialist(s) involved; a brief description of the explosives or munitions involved, including type, amount, and location; and a brief description of and reasons for the proposed actions, including location(s). Thermal treatment or detonation shall be conducted only at the time and place specified in the notice.

(b) Authorization shall include all applicable requirements of Chapter 62-730, F.A.C., to the extent possible and not inconsistent with the EME.

(c) Compliance with this subsection shall not excuse failure to obtain any other local, state, or federal approval or license which may be required for the activities allowed in this authorization.

(d) Authorization shall not exceed 90 days.

(e) Written orders shall be accompanied by the publication of public notice within 45 days. This may be accomplished by the person having initial custody of the waste or by the Department.

(f) Within 30 days of the EME activities conducted under the written order, the authorized person shall submit to the Department a complete written summary of the EME activities which shall clearly specify the type and amount of explosives or munitions received and the manner and location of their treatment, storage, or disposal; disposition of any residues from the process; and other pertinent information.

(9) A person having initial custody of the waste shall conduct soil sampling or otherwise provide reasonable assurance to the Department that no residues of the EME Response or any other emergency action regarding explosives or munitions pose a threat to human health or the environment.

History

• Rulemaking Authority 403.704, 403.721 FS. Law Implemented 403.061, 403.704, 403.721, 403.726 FS. History–New 9-30-85, Formerly 17-30.32, 17-30.320, 17-730.320, Amended 1-5-95, 1-29-06, 4-23-13.

Fla. Admin. Code R. 62-730.330 Research, Development and Demonstration Permits

History

• Rulemaking Authority 403.704 FS. Law Implemented 403.7221 FS. History–New 9-23-87, Amended 6-28-88, Formerly 17-30.330, 17-730.330, Repealed 10-20-96.

Fla. Admin. Code R. 62-730.900 Forms

Forms are listed here by form number. Copies of all forms can be obtained on the Florida DEP website at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. In order to facilitate the initial submission of a complete application, applicants for hazardous waste permits are encouraged to use the Hazardous Waste Facility Permit Application Instructions, which provide guidance to the forms and assistance in assuring that the application complies with the provisions of 40 CFR Part 270 and this chapter.

(1) Notification Forms.

(a) Application for Transfer of a Permit, January 29, 2006. [Form number 62-730.900(1)(a)]

(b) 8700-12FL – Florida Notification of Regulated Waste Activity, April 2025 [Form number 62-730.900(1)(b)], which is adopted and incorporated by reference in paragraph 62-730.150(2)(a), F.A.C.

(2) Application for a Hazardous Waste Facility Permit, which is adopted and incorporated by reference in paragraph 62-730.220(2)(a), F.A.C.

(a) Application for a Hazardous Waste Permit Part I – General, 12-2019. [Form number 62-730.900(2)(a)]

(b) [reserved]

(c) Information Regarding Potential Releases from Solid Waste Management Units, 12-2019. [Form number 62-730.900(2)(c)]

(d) Application for a Hazardous Waste Facility Permit Certification, 12-2019. [Form number 62-730.900(2)(d)]

(3) Application for a Hazardous Waste Emergency EPA/DEP Identification Number, 4-23-13 [Form number 62-730.900(3)], which is adopted and incorporated by reference in paragraph 62-730.161(2)(a), F.A.C.

(4) Hazardous Waste Financial Responsibility Forms, which are adopted and incorporated by reference in subsection 62-730.180(6), F.A.C.

(a) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Assurance, 4-23-13. [Form number 62-730.900(4)(a)]

(b) Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Responsibility, 4-23-13. [Form number 62-730.900(4)(b)]

(c) Hazardous Waste Facility Corporate Guarantee to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(c)]

(d) Hazardous Waste Facility Corporate Guarantee for Liability Coverage, January 5, 1995. [Form number 62-730.900(4)(d)]

(e) Hazardous Waste Facility Trust Fund Agreement to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(e)]

(f) Hazardous Waste Facility Standby Trust Fund Agreement to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(f)]

(g) Hazardous Waste Facility Irrevocable Letter of Credit to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(g)]

(h) Hazardous Waste Facility Financial Guarantee Bond to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(h)]

(i) Hazardous Waste Facility Performance Bond to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(i)]

(j) Hazardous Waste Facility Insurance Certificate to Demonstrate Financial Assurance, January 5, 1995. [Form number 62-730.900(4)(j)]

(k) Hazardous Waste Facility Certificate of Liability Insurance (Primary Policy), January 5, 1995. [Form number 62-730.900(4)(k)]

(l) Hazardous Waste Facility Certificate of Liability Insurance (Excess/Surplus Policy), January 5, 1995. [Form number 62-730.900(4)(l)]

(m) Hazardous Waste Facility Endorsement (Primary Policy), January 5, 1995. [Form number 62-730.900(4)(m)]

(n) Hazardous Waste Facility Endorsement (Excess/Surplus Policy), January 5, 1995. [Form number 62-730.900(4)(n)]

(o) Hazardous Waste Facility Irrevocable Letter of Credit To Demonstrate Liability Coverage, January 29, 2006. [Form number 62-730.900(4)(o)]

(p) Hazardous Waste Facility Surety Bond To Demonstrate Liability Coverage, January 29, 2006. [Form number 62-730.900(4)(p)]

(q) Hazardous Waste Facility Trust Fund To Demonstrate Liability Coverage, January 29, 2006. [Form number 62-730.900(4)(q)]

(r) Hazardous Waste Facility Standby Trust Fund To Demonstrate Liability Coverage, January 29, 2006. [Form number 62-730.900(4)(r)]

(5) Hazardous Waste Transporter Financial Responsibility Forms, which are adopted and incorporated by reference in subsection 62-730.170(2), F.A.C.

(a) Certificate of Liability Insurance Hazardous Waste Transporter and Used Oil Handler, April 2025. [Form number 62-730.900(5)(a)]

(b) Hazardous Waste Transporter Liability Endorsement, 4-23-13. [Form number 62-730.900(5)(b)]

(c) Hazardous Waste Transporter Liability Surety Bond, 4-23-13. [Form number 62-730.900(5)(c)]

(6) [reserved]

(7) [reserved]

(8) RCRA Subtitle C Site Identification and Hazardous Waste Report, 6-18-18 [Form number 62-730.900(8)], which is adopted and incorporated by reference in subsection 62-730.150(3), F.A.C.

History

• Rulemaking Authority 403.061, 403.0611 FS. Law Implemented 403.0611, 403.0875, 403.7234 FS. History–New 11-30-82, Amended 4-1-83, 5-5-83, 8-21-83, 3-1-84, 5-31-84, 9-17-84, 10-29-84, 2-11-85, Formerly 17-1.207(1), (3)-(6), Amended 2-6-86, 4-8-86, 9-23-87, Formerly 17-30.401, Amended 6-28-88, 12-12-88, Formerly 17-30.900, Amended 7-3-89, 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.900, Amended 1-5-95, 10-10-02, 1-29-06, 4-22-07, 10-28-08, 1-4-09, 4-23-13, 6-18-18, 11-13-19, 4-24-25.

Chapter 62-731 COUNTY AND REGIONAL HAZARDOUS WASTE MANAGEMENT PROGRAMS

Fla. Admin. Code R. 62-731.020 Definitions

History

• Rulemaking Authority 403.061, 403.721 FS. Law Implemented 403.704, 403.7225, 403.7226, 403.7234, 403.7236, 403,7238, 403.7265, 403.74 FS. History–New 2-9-84, Formerly 17-31.02, 17-31.020, Amended 8-8-94, Formerly 17-731.020, Repealed 2-16-12.

Fla. Admin. Code R. 62-731.030 Small Quantity Generator Assessment, Notification and Verification Program

(1) Each county in the State shall conduct the small quantity generator assessment, notification and verification program to identify hazardous waste related problems within its jurisdictional boundaries. This program shall be renewed every five years.

(2) Each county small quantity generator assessment, notification and verification program shall be conducted as specified in the “Guidelines to Conduct the County Small Quantity Generator Assessment, Notification and Verification Program” – September, 2009; which is hereby adopted and incorporated by reference.

(3) If a county declines to perform the small quantity generator assessment, notification and verification program, the county shall make arrangements with its regional planning council or other regional or state government agency to perform the program pursuant to the guidelines incorporated by reference in subsection 62-731.030(2), F.A.C.

History

• Rulemaking Authority 403.061, 403.721, 403.7225, 403.7226, 403.7234 FS. Law Implemented 403.091, 403.704, 403.7225, 403.7226, 403.7234, 403.7236, 403.74 FS. History–New 2-9-84, Amended 1-27-85, Formerly 17-31.03, 17-31.030, Amended 8-8-94, Formerly 17-731.030, Amended 11-29-09.

Fla. Admin. Code R. 62-731.040 County Information Sent to the Department

History

• Rulemaking Authority 403.061, 403.721 FS. Law Implemented 403.704, 403.7225, 403.7226, 403.7236, 403.74 FS. History–New 2-9-84, Amended 1-27-85, Formerly 17-31.04, 17-31.06, 17-31.040, Amended 8-8-94, Formerly 17-731.040, Repealed 11-26-15.

Fla. Admin. Code R. 62-731.050 Grants; General Specifications

History

• Rulemaking Authority 403.061, 403.721, 403.7225, 403.7226, 403.7234, 403.7238, 403.7265 FS. Law Implemented 403.704, 403.7225, 403.7234, 403.7238, 403.7265, 403.74 FS. History–New 2-9-84, Amended 1-27-85, Formerly 17-31.05, 17-31.050, Amended 8-8-94, Formerly 17-731.050, Amended 3-15-95, 11-29-09, Repealed 2-16-12.

Fla. Admin. Code R. 62-731.060 Small Quantity Generator Assessment, Notification and Verification Program Grant Eligibility and Standards

History

• Rulemaking Authority 403.061, 403.721, 403.7225, 403.7226, 403.7234 FS. Law Implemented 403.704, 403.7225, 403.7234, 403.7265, 403.74 FS. History–New 2-9-84, Formerly 17-31.06, 17-31.060, Amended 8-8-94, Formerly 17-731.060, Amended 11-29-09, Repealed 2-16-12.

Fla. Admin. Code R. 62-731.062 Expanded Local Hazardous Waste Management Program Grant Eligibility and Standards

History

• Rulemaking Authority 403.061, 403.721 FS. Law Implemented 403.704, 403.7238, 403.74 FS. History–New 8-8-94, Formerly 17-731.062, Amended 3-15-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-731.064 Award of Grant Funds

History

• Rulemaking Authority 403.061, 403.721 FS. Law Implemented 403.704, 403.7225, 403.7234, 403.7238, 403.7265, 403.74 FS. History–New 8-8-94, Formerly 17-731.064, Repealed 2-16-12.

Chapter 62-737 THE MANAGEMENT OF SPENT MERCURY-CONTAINING LAMPS AND DEVICES DESTINED FOR RECYCLING

Fla. Admin. Code R. 62-737.100 Purpose and Intent

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98, Repealed 2-16-12.

Fla. Admin. Code R. 62-737.150 Applicability and Exemptions

(1) Generators, transporters, and facilities managing or disposing of spent mercury-containing lamps or devices in a manner other than recycling as provided for under this chapter are not subject to the provisions of this chapter, but shall comply with 40 C.F.R. 262.11, as adopted by reference under Rule 62-730.160, F.A.C., and all other applicable Department and federal regulations including Rules 62-737.300 and 62-701.300, F.A.C.

(2) The provisions of this chapter, except where specified, apply to spent mercury-containing lamps and devices that are characteristically hazardous wastes for mercury per 40 C.F.R. 261.24, as adopted by reference under Rule 62-730.030, F.A.C. When managed in accordance with this chapter, these wastes are considered to be universal wastes in Florida and are also subject to the applicable 40 C.F.R. Part 273 requirements, revised as of July 1, 2020 http://www.flrules.org/Gateway/reference.asp?No=Ref-13567 and adopted here by reference.

(3) Generators of spent universal waste lamps or devices that manage them in accordance with this chapter and Rule 62-730.185, F.A.C., are not required to include these wastes when making hazardous waste generator status quantity determinations under 40 C.F.R. 261.5 or Part 262.

(4) Handlers and transporters of universal waste lamps and devices that are complying with this chapter and the applicable 40 C.F.R. Part 273 requirements are exempt from the 40 C.F.R. 268.7 and 268.50 land disposal restriction requirements as adopted by reference under Rule 62-730.183, F.A.C.

(5) References in 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] to 40 C.F.R. Part 261 [as adopted in subsection 62-730.030(1), F.A.C.] shall mean rules adopted by DEP regarding identification of hazardous wastes; references to 40 C.F.R. Part 262 [as adopted in subsection 62-730.160(1), F.A.C.] shall mean rules adopted by the Department regarding generators of hazardous wastes; references to 40 C.F.R. Parts 264 [as adopted in subsection 62-730.180(1), F.A.C.] and 265 [as adopted in subsection 62-730.180(2), F.A.C.] shall mean rules adopted by the Department regarding treaters, storers and disposers of hazardous wastes; references to 40 C.F.R. Part 266 [as adopted in subsection 62-730.181(1), F.A.C.] shall mean rules adopted by the Department regarding standards for the management of specific hazardous waste; references to 40 C.F.R. Part 268 [as adopted in subsection 62-730.183, F.A.C.] shall mean rules adopted by DEP regarding land disposal restrictions; and references to Section 3010 of RCRA shall mean notification requirements of Florida Law. The above-mentioned Department rules are found in Chapter 62-730, “Hazardous Waste,” F.A.C.

(6) When the same word, phrase, or term is defined in Rule 62-737.200, F.A.C., and 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] and the definitions are not identical, the definitions as given in Rule 62-737.200, F.A.C., shall apply.

(7) Unless specifically indicated otherwise, when used in any such provisions as adopted from 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.], United States shall mean the State of Florida, EPA shall mean the Department, and Administrator or Regional Administrator shall mean the Secretary of the Department or the Secretary’s designee, where appropriate; except substitutions as described in this paragraph shall not be made in 40 C.F.R. 273.32(a)(3) and 273.70.

(8) Any reference to 40 C.F.R. Parts 124 or 270 as adopted by reference in 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] shall mean the permitting provisions in Chapter 62-4 or 62-730, F.A.C., or Section 403.722, F.S.

(9) Any reference to the Resource Conservation and Recovery Act of 1976 (RCRA) as adopted by reference in 40 C.F.R. Part 273 [as adopted in subsection 62-737.150(2), F.A.C.] shall be construed to refer to comparable provisions of the Florida Resource Recovery and Management Act as established in Part IV of Chapter 403, F.S.

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98, 6-18-18, 10-1-21.

Fla. Admin. Code R. 62-737.200 Definitions

As used in this chapter, unless the context indicates otherwise, the following words, phrases, or terms shall have the following meanings:

(1) “Ampoule” means an enclosed vessel containing liquid mercury or mercury amalgam and that is a component of a mercury-containing lamp or device and can typically be removed intact from that mercury-containing lamp or device.

(2) “Applicant” means the person applying to receive a permit under this chapter to operate a mercury recovery or mercury reclamation facility located within the state.

(3) “Closure” means the assessment, remedial action or abatement needed to identify, remove and properly dispose of or recycle all spent lamps, mercury-containing devices, and mercury-containing residuals or contaminated media and debris from mercury recovery or mercury reclamation facilities after the date of cessation of operations.

(4) “Daily processing capacity” means the maximum amount of spent lamps, mercury-containing devices, or mercury-containing residuals, expressed as tons of materials, which can be fully processed by the processing equipment within 24 hours.

(5) “Department” means the Florida Department of Environmental Protection.

(6) “Facility” means all contiguous land and structures, equipment and other appurtenances, and improvements on the land owned or operated for mercury recovery or mercury reclamation operations.

(7) “Generator” means any person whose act or process produces spent mercury-containing lamps or devices.

(8) “Indoors” means within a structure that excludes rain and public access and would control air flows in the event of a fire.

(9) “Mercury-containing devices” means any electrical product, or other devices, excluding a battery or a mercury-containing lamp, that is unprocessed and has been determined by the Department as proven to release mercury into the environment. The Department has determined that the following items are included in this definition: mercury thermostats, electric mercury switches and relays, thermometers, manometers, ampoules removed from lamps or these devices in accordance with the 40 C.F.R. 273.13 or 273.33 thermostat ampoule removal standards as adopted by reference under Rule 62-730.185, F.A.C., and other devices which contain liquid mercury as a component necessary for their operation.

(10) “Mercury-containing lamp” means any type of high or low pressure lighting device that is unprocessed such as being crushed by a generator per paragraph 62-737.400(6)(b), F.A.C., contains mercury, and that generates light through the discharge of electricity either directly or indirectly through a fluorescing coating. This term includes fluorescent lamps, mercury vapor lamps, metal halide lamps, high pressure sodium lamps and neon lamps containing mercury. The term excludes mercury-containing lamps used in residential applications and that are disposed of as part of ordinary household waste. For the purposes of this chapter, except for annual reporting requirements under subsection 62-737.800(12), F.A.C., it is assumed that 4 unbroken lamps are equal to 1 kilogram in weight.

(11) “Mercury-containing residuals” or “residuals” mean materials or wastes including separated glass, separated metal, phosphor powder, ampoules not removed from lamps or these devices in accordance with the 40 C.F.R. 273.13 or 273.33 thermostat ampoule removal standards, filtration material or any other residuals or combinations of the above that are generated as a result of mercury-containing lamp or device recovery or reclamation operations, or as the result of a cleanup, and that contain or have been in contact with mercury.

(12) “Mercury reclamation facility” means a universal waste lamp or device destination facility where operations or processes are performed or equipment is used to receive and recapture mercury from spent mercury-containing lamps or devices, ampoules, mercury-containing materials or residuals, or pourable, commodity grade mercury materials and that can demonstrate, using a quality control plan approved in accordance with Chapter 62-160, F.A.C., and an EPA analytical test method for determining the total mercury content of a waste material, an effective reclamation rate of at least 99% of the mercury introduced into its process or a resulting total mercury concentration remaining in the processed material that is below the method detection limit; and by which a commercial grade of mercury is produced for recycling.

(13) “Mercury recovery facility” means a universal waste lamp or device destination facility where operations or processes are performed or equipment is used to receive and process spent mercury-containing lamps or devices for the purpose of crushing or dismantling and separating the lamps or devices in a manner as to produce: separated, individual recyclable components such as glass and scrap metal; and mercury-containing phosphor powder or other mercury-containing residuals that will be processed at a mercury reclamation facility for the purpose of reclamation of the mercury.

(14) “Method detection limit” means the smallest concentration of an analyte of interest that can be measured and reported with 99 percent confidence that the concentration is greater than zero.

(15) “OSHA” means the United States Occupational Safety and Health Administration.

(16) “Person” means any and all persons, natural or artificial, including any individual, firm or association; any municipal or private corporation organized or existing under the laws of this state or any other state; any county of this state; and any governmental agency of this state or the Federal government.

(17) “Phosphor powder” or “powder” means the mercury-containing calcium or other luminescent phosphor powder contained within a spent fluorescent lamp.

(18) “Process” or “operation” means the application and use of processing equipment.

(19) “Processed material” means a component of a lamp or a device that is a direct result of processing equipment operations.

(20) “Processing equipment” means any equipment that is used in mercury recovery or mercury reclamation operations to separate, crush, consolidate, recover, retort, distill or to physically alter the state of spent mercury-containing lamps or devices, or mercury-containing residuals as they are received.

(21) “Reclaimed” means the processing of a material to return it to its commercial marketable form.

(22) “Recycled” or “Recycling” means any process by which spent lamp, mercury-containing device, or mercury-containing residual components such as glass, mercury, phosphor powder or metal are reused or returned to use in the form of products or raw materials.

(23) “Reverse distribution program” means a manufacturer- or distributor-sponsored product stewardship program in which a manufacturer or distributor, including a person distributing lamps to its subsidiary facilities, or a group of manufacturers or distributors, acting together or through a trade organization, assumes responsibility and provides for the collection of spent mercury-containing lamps or devices at its own facility or facilities that are designated by it, for the purposes of recovering and reclaiming the mercury from such lamps or devices. In a program sponsored by a lamp or device manufacturer, it shall provide evidence that reclaimed mercury is used in new mercury-containing lamps or devices produced by the manufacturer(s).

(24) “Separated glass” means glass that is separated as a result of mercury recovery or reclamation operations and is from the processing of mercury-containing lamps or devices.

(25) “Separated metal” means metal, both ferrous or non-ferrous, that is separated as a result of mercury recovery or reclamation operations and is from the processing of mercury-containing lamps or devices.

(26) “Spent” means has been used, removed from service and is to be discarded.

(27) “Truck” means a trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, mopeds, motorcycles or farm tractors and trailers.

(28) “Universal waste lamp or device destination facility” or “lamp or device destination facility” means a mercury recovery or reclamation facility permitted by the Department or an out-of-state recycling facility permitted by another state for the processing of universal waste lamps or devices and the ultimate recovery and reclamation of the mercury they contain, and one that meets the applicability requirements for a destination facility under 40 C.F.R. 273.60 as adopted by reference under Rule 62-730.185, F.A.C.

(29) “Universal waste device” or “device” means any mercury-containing device, excluding one generated by a household exempted under 40 C.F.R. 261.4(b)(1), that is also characteristically hazardous for mercury under 40 C.F.R. 261.24 and is being managed in accordance with this chapter.

(30) “Universal waste lamp” or “lamp” means any mercury-containing lamp that is also characteristically hazardous for mercury under 40 C.F.R. 261.24 and is being managed in accordance with this chapter.

(31) “Universal waste lamp or device handler” or “handler” means a generator, or another person including a transfer facility storing lamps or devices more than 10 days, that generates or receives universal waste lamps or devices from other handlers, accumulates and manages these lamps and devices in accordance with this chapter, and ships them to a universal waste lamp or device destination facility.

(a) A large quantity handler of universal waste lamps or devices is: a generator or reverse distribution handler accumulating 5,000 kilograms or more of universal waste lamps or devices at any one time; or another handler, excluding a generator or reverse distribution handler, that accumulates 2,000 kilograms or more of lamps or 100 kilograms or more of devices at any one time.

(b) A small quantity handler of universal waste lamps or devices is a generator or reverse distribution handler accumulating less than 5,000 kilograms of universal waste lamps or devices at any one time; or another handler that accumulates less than 2,000 kilograms of lamps or 100 kilograms of devices at any one time.

(32) “Universal waste lamp or device transfer facility” or “transfer facility” means an in-state transportation-related facility including loading docks, parking areas, storage areas, and other similar areas, including those designated at lamp generator facilities during relamping activities, where shipments of universal waste lamps or devices are held during the normal course of transportation for 10 days or less. Transfer facilities do not include handler facility areas where handlers are accumulating lamps or devices in accordance with 40 C.F.R. 273.15 or 273.35.

(33) “Universal waste lamp or device transporter” or “transporter” means any person, including a generator or other handler, engaged in the off-site transportation of universal waste lamps or devices to a handler or lamp or device destination facility by air, rail, highway or water.

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98.

Fla. Admin. Code R. 62-737.300 Prohibitions

(1) Effective January 1, 1996, any mercury-containing device or device components that contains mercury shall not knowingly be disposed of in landfills or incinerated in any manner prohibited by Section 403.7186, F.S.

(2) Spent mercury-containing lamps or residuals therefrom shall not knowingly be incinerated in any municipal or other incinerator.

(3) Separated glass resulting from the processing of spent mercury-containing lamps or devices is prohibited from being used in food and beverage containers.

(4) Handlers and transporters of universal waste lamps and devices shall not dispose of, dilute or treat these lamps or devices, except as specified under this chapter or by responding to a release. Mercury-containing lamps or devices that have been identified as hazardous wastes and are not being managed as universal waste lamps or devices under this chapter, may be managed in accordance with Chapter 62-730, F.A.C.

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98.

Fla. Admin. Code R. 62-737.400 Requirements and Management Standards for Handlers and Transporters of Spent Universal Waste Lamps and Devices

(1)(a) All universal waste lamp or device handlers and transporters shall comply with the applicable 40 C.F.R. Part 273 requirements [as adopted in subsection 62-737.150(2), F.A.C.], and the requirements of this chapter.

(b) In addition, handlers and transporters of spent universal waste lamps or devices shall only ship these lamps or devices to a handler or universal waste lamp or device destination facility.

(2) A transporter using trucks for the transport of spent universal waste lamps and devices shall only use trucks that are totally enclosed and in good condition. A transporter using trucks or other mode(s) of transportation should also refer to the United States Department of Transportation’s requirements contained in 49 C.F.R. Parts 171 through 173.

(3)(a) Registration:

1. A generator, a handler or transporter managing lamps or devices covered under a reverse distribution program, or a person only collecting spent lamps from generators of 10 or less spent lamps per month and who does not accumulate more than 100 kilograms of lamps at one time, is not required to register with the Department as specified in subparagraphs 2. and 3., below, for these activities,

2. Before beginning operations and annually thereafter by March 1, a handler or a transporter of spent universal waste lamps or devices, excluding a person specified in paragraph 1., above, and the sponsor of a reverse distribution program shall register by notifying the Department of its intent to be a handler or transporter or to operate a reverse distribution program, and certifying that it has employee training procedures in place for the proper handling, emergency response, and containment and cleanup of its spent universal waste lamps or devices. This registration/notification shall be made by submitting a completed Form 62-730.900(1)(b),“8700-12FL – Florida Notification of Regulated Waste Activity,” which is adopted and incorporated by reference in paragraph 62-730.150(2)(a), F.A.C. This Form can be accessed on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste, or by contacting the Permitting and Compliance Assistance Program, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; and,

3. Excluding a generator facility, and a handler area used only for lamps or devices collected as a result of its participation in a reverse distribution program; the owner or operator of a large quantity handler facility, or of a transfer facility that stores lamps or devices in areas other than on a lamp or device transport vehicle, and where 2,000 kilograms or more of universal waste lamps or 100 kilograms or more of devices are accumulated at one time shall, in addition to the requirements of subparagraph (3)(a)2., above:

a. Submit a one-time registration fee of one thousand dollars for each separate facility location registration,

b. Develop and submit to the Department, along with its registration, an operational plan including a description of its general housekeeping measures, employee training program, methods to prevent breakage or releases, and its methods for responding to releases of universal lamps or devices or their components; and,

c. Submit to the Department, along with its registration, a closure plan including financial assurance as specified in paragraph 62-737.800(4)(g).

4. Within 60 days of receipt of a completed registration form, DEP Form 62-730.900(1)(b), [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.] and supporting material, including the registration fee if applicable, the Department shall review the form and supporting material and shall either:

a. Issue the registration, or

b. Notify the owner or operator in writing of any deficiencies in or items omitted from the registration materials. For purposes of this paragraph, “deficiency” means that the submitted material does not contain information adequate to support the conclusion that the submittal conforms to the requirements specified in this chapter. Within 30 days of receipt of a written notification from the Department that a submission is deficient, the owner or operator shall submit the requested information to the Department. A modification of this 30 day time frame may be obtained by the owner or operator by requesting in writing that the Department make such a modification. Upon receipt of the omitted items and/or correction of deficiencies, the Department shall issue the registration.

5. The failure of the Department to meet the time frame in subparagraph (3)(a)4., above, shall entitle the owner or operator to compel compliance through the provisions of Section 403.412, F.S., or through such remedies as may be available and appropriate in circuit court. In no circumstances shall the Department’s failure to meet this time frame be construed as issuance of a registration.

6. A handler or transporter, excluding one exempted from registration under subparagraph (3)(a)1., above, shall not begin or continue operations without a current and valid registration issued by the Department.

(b) Notification:

1. Before meeting or exceeding an accumulation amount of 5,000 kilograms of lamps or devices, a generator, reverse distribution handler facility, or other handler shall notify the Department per 40 C.F.R. 273.32(b) as adopted by reference under Rule 62.730.185, F.A.C., using DEP Form 62-730.900(1)(b), [adopted by reference in paragraph 62-730.150(2)(a), F.A.C.] and receive a DEP/EPA ID number,

2. A small quantity handler of lamps or devices that also accumulates other universal wastes adopted under Rule 62-730.185, F.A.C., shall also make this notification before meeting or exceeding a combined universal waste amount of 5,000 kilograms; and,

3. This notification is not required for a site that has previously notified the Department of its hazardous waste management activities and has received a DEP/EPA ID number.

(4) A small quantity or a large quantity handler of lamps or devices, per 40 C.F.R. 273.16 or 273.36 respectively, as adopted by reference under Rule 62-730.185, F.A.C., and a transporter shall ensure that all its employees, involved with the management of universal waste lamps or devices, are trained in the proper handling (e.g., packaging and preventing breakage) and emergency cleanup and containment procedures applicable to its handling or transport of spent universal waste lamps or devices. These emergency procedures will be kept on each one of the transporter’s vehicles and at the business location of the handler or transporter, and shall be made available for inspection upon request by the Department.

(5) Handlers and transporters shall manage universal waste lamps and devices in a way that prevents breakage, releases of their components to the environment, and their exposure to moisture. In the event of a release, the handler or transporter must determine whether the cleanup residues (e.g., cleanup equipment and contaminated soils) resulting from the release are hazardous waste, and if so, must manage them in accordance with Chapter 62-730, F.A.C. The following management standards shall be observed in addition to the applicable requirements adopted under Rule 62-730.185, F.A.C., and the U.S. Department of Transportation 49 C.F.R. Parts 171 through 180, hazardous material regulations.

(a) Fragile universal waste devices, universal waste lamps crushed per paragraph (6)(b), below, and lamps or devices showing evidence of leakage, spillage, or damage that could cause leakage, shall be placed in closed containers that are structurally sound; compatible with the universal waste lamp or device; and that lack evidence of leakage, spillage or damage that could allow leakage.

(b) Universal waste lamps, devices or the containers in which they are stored shall be labeled or marked clearly as specified in 40 C.F.R. 273 [as adopted in subsection 62-737.150(2), F.A.C.], except for universal waste lamps crushed per paragraph (6)(b), below, which shall be labeled “Crushed Mercury Lamps.”

(6)(a) A handler of universal waste devices or lamps may remove mercury-containing ampoules from these devices or lamps provided the handler complies with the thermostat ampoule removal requirements under 40 C.F.R. 273.13(c) or 273.33(c).

(b) A generator of universal waste lamps may use crushing equipment on-site to reduce the volume of the stored lamps provided that: this is done in a final accumulation container; the lamps are crushed in a controlled manner that prevents the release of mercury vapor or other contaminants; the crushing operations and maintenance of the unit are performed in accordance with written procedures developed by the manufacturer of the equipment including specific instructions for the frequency of filter changes; and the employees using this equipment are thoroughly familiar with these written procedures and emergency procedures should equipment malfunction occur.

(7) A handler or transfer facility, excluding a generator, shall store its universal waste lamps or devices indoors, and shall not store more than the amount specified in its registration or closure plan. A handler shall not store for more than one year, or a transfer facility for more than ten days, universal waste lamps or devices from the date of generation or from when they were first received, respectively. Handlers and transfer facilities shall be able to demonstrate the length of lamp or device storage as specified in 40 C.F.R. 273.15 or 273.35 as adopted by reference under Rule 62-730.185, F.A.C.

(8) A handler of lamps or devices accumulating 5,000 kilograms or more of lamps or devices, or 5,000 kilograms or more of lamps or devices and other universal wastes adopted under Rule 62-730.185, F.A.C., shall track receipts and shipments of these lamps or devices in accordance with 40 C.F.R. 273.39 as adopted by reference under Rule 62-730.185, F.A.C.

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.704, 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98, 1-4-09, 6-18-18, 11-13-19, 3-18-25.

Fla. Admin. Code R. 62-737.500 Requirements for Lamp or Mercury-Containing Device Transporters

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186 FS. History–New 5-10-95, Repealed 5-2-98.

Fla. Admin. Code R. 62-737.600 Permit Application Requirements

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186 FS. History–New 5-10-95, Repealed 5-20-98.

Fla. Admin. Code R. 62-737.700 Requirements for Registered Storage Facilities

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186 FS. History–New 5-10-95, Repealed 5-20-98.

Fla. Admin. Code R. 62-737.710 Requirements for Reverse Distribution Programs

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98, Repealed 2-16-12.

Fla. Admin. Code R. 62-737.720 Requirements for Permitted Storage Facilities

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186 FS. History–New 5-10-95, Repealed 5-20-98.

Fla. Admin. Code R. 62-737.800 Permit Application Requirements and General Permitting Standards for Mercury Recovery and Mercury Reclamation Facilities

(1) A person wanting to construct or operate a mercury recovery or mercury reclamation facility shall submit an application to the Department to obtain a permit and shall meet the requirements for the applicable operation prior to commencing any construction activities or conducting any operations contained in this chapter.

(2) Information in the application shall be of sufficient detail to show how the facility will be constructed, operated, and closed, and how it will be monitored and maintained during operations and closure in order to comply with the requirements of this chapter. All engineering plans, reports and information supporting the application shall be compiled or supervised, and signed and sealed, by a professional engineer registered in Florida.

(3) All permit applications required under this chapter shall be submitted on DEP Form 62-737.900(2) and shall be accompanied by a $2,000.00 permit fee or $4,000.00 for a combined mercury recovery and reclamation facility.

(4) All permit applications shall contain the following information:

(a) Applicant’s name and address;

(b) Location of facility. A facility cannot be located in a 100-year flood plain unless the applicant can provide reasonable assurance that the facility will be constructed to prevent flooding;

(c) Description of its storage, operations, processing equipment and pollution control equipment;

(d) A contingency plan for responding to interruptions to operations and emergencies in accordance with 40 C.F.R. Part 264 Subpart D as adopted by reference in subsection 62-730.180(1), F.A.C.;

(e) A worker health and safety plan including training:

1. Facility personnel must successfully complete a program of classroom or on-the-job training that teaches them to perform their duties in a way that ensures the safe operation of the processing equipment, and that ensures the facility’s compliance with its emergency response procedures and its inspection methods to identify and prevent releases to the environment. Facility personnel must also be informed of their possible exposure to hazardous substances in their work environment and must be informed of the facility’s health and safety plan. Owners and operators are advised that other OSHA requirements may apply to their facility operations; and,

2. Operators of equipment, or those involved in the processing operations must complete the training specified in subparagraph (4)(e)1., before conducting processing activities. Facilities shall maintain written records of the successful training of these employees, including any new ones, and the type and nature of the training provided for each employee for a period of three years from the date an employee last worked at the facility.

(f) A quality control plan that defines how the facility operator will monitor and evaluate the requirements specified in the facility’s submittals under paragraphs (c), (d), (e), (g) and (i) of this rule. The quality control plan shall include examples of checklists, logs or inspection forms to monitor compliance with the requirements under this chapter. Any required sampling and analysis for operations or closure shall meet the requirements of subsection 62-160.300(6), F.A.C. The Standard Operating Procedures Manual to be followed for sampling shall be the “Quality Assurance Standard Operating Procedures for Sampling at Facilities Permitted Under Chapter 62-737, F.A.C., November 14, 1997,” which is hereby incorporated by reference, or equivalent procedures may be used as specified in subsection 62-160.300(6), F.A.C.;

(g) A closure plan conforming to the requirements of 40 C.F.R. Part 264, Subpart G as adopted by reference under Rule 62-730.180(1), F.A.C., including financial assurance:

1. Financial assurance shall be provided to the Department in accordance with 40 C.F.R. Part 264, Subpart H as adopted by reference under subsection 62-730.180(1), F.A.C., except for all references to 40 C.F.R. 264.144, 264.145, 264.146 and 264.147. References in 40 C.F.R. Part 264, Subpart H to the United States Environmental Protection Agency (EPA) shall mean the State of Florida Department of Environmental Protection; to Regional Administrator shall mean the Secretary of the Department; and,

2. Applicants shall complete the applicable Department forms listed in paragraphs 62-730.900(4)(a)-(j), F.A.C., to demonstrate compliance with the financial assurance requirements of this rule. Photocopies of Department-supplied forms are acceptable. Retyped forms are not acceptable and will be returned.

(h) A demonstration by the owner or operator of the proper amount of general and pollution liability insurance as specified in subsection (13), below; and,

(i) An inspection plan including schedules for inspecting processing equipment, safety and monitoring equipment, emission control equipment and emergency response equipment for malfunctions and deterioration, operator errors, and discharges which may cause, or lead to a release of hazardous matrerials into the environment or which might lead to a threat to human health. This plan shall also cover preparedness and prevention activities in accordance with 40 C.F.R. Part 264 Subpart C as adopted by reference under subsection 62-730.180(1), F.A.C.

(5) The permit application will be processed in accordance with Section 403.722, F.S., including the requirements for notification of local governments of the filing of the application and publication of notice of the filing of the application as set forth in Section 403.722(12), F.S., and the publication of notice of the Department’s proposed agency action to issue the permit as set forth in Section 403.722(10), F.S.

(6) Permits issued under this chapter shall be subject to the renewal and transfer requirements of Rule 62-730.290 and 62-730.291, F.A.C., except that DEP Form 62-737.900(2) shall be substituted for DEP Form 62-730.900(2).

(7) All owners and operators of mercury recovery and mercury reclamation facilities shall:

(a) Have established markets for the utilization of reclaimed materials and be able to identify these markets to the Department;

(b) Only introduce into the processing equipment lamps or devices for which the equipment was specifically designed to process, and operate and maintain processing equipment consistent with the equipment manufacturer’s specifications;

(c) Inspect their facilities for malfunctions and deterioration, for operator errors, and discharges which may cause, or lead to a release of hazardous materials into the environment or which might lead to a threat to human health; and,

(d) Keep records of inspections (logs) which shall include the date and time of the inspection, the name of the inspector, a notation of observations made, and the date and nature of any repairs made or other remedial actions taken. The logs or records must be kept for a minimum of three years from the date of the inspection.

(8) Owners and operators shall install, operate, monitor and maintain air pollution control equipment as to reduce the mercury emissions from the processing equipment, processing operations and in the processing area in accordance with the Department’s air permitting requirements as specified in Rule 62-210.300, F.A.C.

(9) Owners and operators shall store processed and unprocessed materials in closed containers; and for broken or damaged unprocessed lamps and devices, and residuals, store these in closed, covered and sealed containers or in enclosed areas of the facility conforming to subsection 62-296.417(1), F.A.C., to prevent mercury emissions. They shall store unprocessed materials, ampoules, phosphor powder and other mercury-containing residuals indoors to prevent breakage of lamps or devices prior to further processing and to prevent a release of hazardous materials to the environment. Separated glass and metal that is stored outdoors shall be stored in covered, watertight containers or in a manner that otherwise prevents contact with water and prevents the release of hazardous materials into the environment, located within portions of the facility with controlled access limited to authorized persons only, and stored in compliance with any applicable hazardous waste storage requirements adopted under Chapter 62-730, F.A.C. Universal waste lamps and devices, and other wastes that mercury reclamation facilities are permitted to receive, may not be stored longer than one year from when they were first received.

(10) Per Rule 62-730.290, F.A.C., owners and operators shall, using DEP Form 62-737.900(2), notify the Department prior to any modifications to the operations or equipment which do not conform to the approved permit. Fees for such modifications shall be 10 percent of the fees specified in subparagraph 62-4.050(4)(k)17., F.A.C., except for modifications specified under sub-subparagraph 62-4.050(4)(k)17.a., F.A.C., in which case the modification fee shall be the same as the permit application fee specified in subsection 62-737.800(3), F.A.C.

(11) Owners and operators shall keep and maintain copies of shipping documents, including shipping papers and logs detailing shipments received from transporters, hazardous waste manifests and any documents disclosing shipping discrepancies. Such records shall be kept at the facility location for a period of three years from the dates of receipt or shipment, shall be made available to the Department upon request, and shall include the following information:

(a) The dates, amounts, and generators of material received for storage or processing;

(b) The dates, amounts and destinations of materials shipped off-site for further processing or disposal; and,

(c) Any other information that indicates the ultimate disposition of the stored or processed materials.

(12) Owners and operators shall submit annual reports to the Department on DEP Form 62-737.900(3), by March 1 of each year, with the first report due March 1, 1996, for activities performed in the previous calendar year, that shall include the following information:

(a) Total types and amounts of materials received by the facility for storage or processing;

(b) Amounts, by destination, of materials shipped off-site for processing, recycling or disposal; and,

(c) Total amounts and descriptions of any unprocessed and processed materials stored at the facility at the beginning and end of the reporting period.

(13) The owner or operator shall establish and maintain general liability and pollution liability insurance in amounts adequate to provide coverage for liability potentially incurred in the operation of the facility. For purposes of this rule, insurance coverage in the amount of one million dollars of annual aggregate coverage for general liability and one million dollars of annual aggregate coverage for pollution liability shall be deemed adequate. Each insurance policy must be issued by an insurer licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in the State of Florida. Proof of such insurance shall be provided to the Department at least 60 days prior to initial receipt of universal waste lamps or devices and then annually thereafter. The insurance must be effective before this initial receipt of universal waste lamps or devices. Such proof shall consist of a signed duplicate original certificate of insurance with the Secretary of the Department listed as the certificate holder. If requested by the Department, the insured must provide a signed duplicate original of the insurance policy.

(14) Within two weeks of any emergency event, the operator of the facility shall submit to the Department a written report on the emergency that shall include a description of the origin or cause of the emergency, the actions taken to deal with the emergency, the results of those actions taken, and an analysis of the success or failure of the actions. Emergency events include potential hazards to human health and the environment caused by any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to the air, soil, or surface or ground water as a result of fire, explosion, natural disaster, equipment failure, or some other occurrence.

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.0877, 403.7186, 403.721, 403.722, 403.724 FS. History–New 5-10-95, Amended 5-20-98.

Fla. Admin. Code R. 62-737.820 Additional Permitting Requirements for Volume Reduction Facilities

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186 FS. History–New 5-10-95, Repealed 5-20-98.

Fla. Admin. Code R. 62-737.840 Additional Permitting Requirements for Mercury Recovery Facilities

(1) Mercury recovery facilities shall conform to the general facility requirements as specified in Rule 62-737.800, F.A.C. In addition, these facilities shall meet the requirements of this section.

(2) These facilities shall not store quantities of processed or unprocessed materials that exceed the allowed permitted storage specified in its operating permit. The storage of processed material shall not exceed amounts greater than 100 tons total at any one time.

(3)(a) If a facility’s processed materials are to be delivered to other than a mercury reclamation facility, the facility shall test and ensure that such materials containing mercury:

1. Have less than 3 parts per million of “average mercury” during each consecutive 12 week time period of operations,

2. Have less than 5 parts per million of total mercury as reported in the “weekly composite sample of process operations;” and,

3. Are not a hazardous waste.

(b) Processed materials that are in excess of the allowable levels of mercury specified in paragraph (a) above, shall either be retested, reprocessed or delivered to a mercury reclamation facility.

(c) The processed material’s mercury content shall be demonstrated through sampling and analytical testing of these materials for total mercury as follows:

1. Facility operators shall take daily physical samples of the mercury-containing materials at the point at which they exit the processing equipment. These samples shall be representative of the materials processed during that day.

2. At the beginning of each week, the prior week’s daily samples shall be consolidated into one weekly sample which shall be submitted for chemical analysis of total mercury content using an approved EPA methodology specified under the facility’s operating permit issued under this chapter. At least three separate daily samples shall be taken in order to obtain a weekly sample. When a facility is not operating at least three days during a week, that week will be dropped out of the 12 week rolling average under subparagraph (c)3. below. However, all daily samples that are in a week that has been dropped out shall be counted towards the very next weekly sample that is included in a 12 week rolling average. The result of this analysis shall be considered the “weekly composite sample of process operations.”

3. The “average mercury” value calculation shall be the average of weekly composite sample results from samples taken during the most recent 12 week time period with each new weekly composite sample result replacing the oldest sample result that was used in the 12 week period.

(d) Effective January 1, 2000, the “average mercury” content and the “weekly composite sample of process operations” identified in subparagraphs (a)1. and 2., shall be reduced to 1 part per million and 3 parts per million, respectively.

1. The owners or operators of any facility or group of facilities may request in writing a determination by the Department that the provisions for mercury recovery of this paragraph may be met through proposed alternate procedures. This request must address the criteria set forth in subsection 62-701.310(2), F.A.C., which is hereby incorporated by reference solely for the purposes of this paragraph. Requests for alternate procedures shall be submitted to the appropriate District office of the Department in the form of a request for permit modification, and shall be acted upon by that District office in the same manner as any other permit modification. The fee shall be the same as for permit modifications provided in subsection 62-737.800(10), F.A.C.

2. In order to show that the alternate procedure provides an equal degree of protection for the public and the environment, a person shall demonstrate that the total amount of mercury to be annually recovered and reclaimed under the alternate procedure would be at least as much as the total amount of mercury that would be recovered and reclaimed without the alternate procedure. Such a determination shall initially be based upon the amount of mercury recovered by a facility from processed materials subject to the standard in this paragraph during the base year immediately preceding a request for approval of alternate procedures as documented on Form 62-737.900(3). If the amount of processed materials has increased during the current or a subsequent year over the preceding base year, the facility shall make the appropriate adjustments during that year to ensure that an equivalent amount of mercury is being recovered and reclaimed as would be had the alternate procedure not been approved.

(e) Wastes or materials which are not identified in this chapter or which are the result of spills, releases or accidental contact with mercury or other hazardous substances shall be managed at a mercury reclamation facility or in accordance with Chapter 62-730, F.A.C.

(4) A mercury recovery facility shall be able to demonstrate to the Department that the receiving mercury reclamation facility, if located in another state, can reclaim 99% of the mercury contained in the powder, ampoules or mercury-containing process materials through a semi-annual demonstration meeting the specifications of subsection 62-737.860(4), F.A.C. Statistically significant and updated laboratory analyses shall accompany these demonstrations. Shipments of the above, excluding ampoules removed in accordance with the 40 C.F.R. 273.13 or 273.33 thermostat ampoule removal standards, shall be accompanied by a uniform hazardous waste manifest and be made by a transporter complying with Rule 62-730.170, F.A.C.

(5) These facilities shall ensure that the separated materials that are generated from its operation are suitable and safe for their intended end use and shall bear the burden of responsibility for the safety of these materials sold or delivered from the operation. Facilities shall notify in writing receiving sources, other than mercury reclamation facilities, of the potential or actual content of any hazardous substances present in the processed materials.

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98, 1-17-00.

Fla. Admin. Code R. 62-737.860 Additional Permitting Requirements for Mercury Reclamation Facilities

(1) Mercury reclamation facilities shall conform to the general facility requirements as specified in Rule 62-737.800, F.A.C. In addition, these facilities shall meet the requirements of this section.

(2) These facilities shall not store quantities of unprocessed materials that exceed the storage limits specified in its operating permit.

(3) These facilities shall only accept for processing spent lamps, devices, powder, ampoules, commodity grade mercury, residuals or material that is only hazardous due to its mercury content and from which the mercury can be reclaimed as specified in subsection (4), below.

(4) Facilities shall maintain quality control and testing records based on statistically significant and updated laboratory analyses that use an EPA-approved methodology for analyzing total mercury content, as specified in the facility’s operating permit issued under this chapter, and that demonstrate at least semi-annually an effective reclamation rate of 99 percent of the mercury introduced into the process, or a resulting total mercury concentration below the method detection limit.

(5) Facilities shall ensure that recyclable materials that are generated from its operation are of commercial grade and are suitable and safe for their intended end use and shall bear the burden of responsibility for the safety of these recyclable materials sold or delivered from the operation. Facilities shall notify in writing receiving sources of the processed materials, except for commodity grade mercury, of the potential or actual content of any hazardous substances present in these materials.

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186 FS. History–New 5-10-95, Amended 5-20-98.

Fla. Admin. Code R. 62-737.900 Forms

The following forms are hereby adopted and incorporated by reference. The forms are listed by form number, title, and effective date. The forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-737-management-spent-mercury or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) [reserved]

(2) DEP Form 62-737.900(2), Mercury-Containing Lamp and Device Mercury Recovery and Mercury Reclamation Facility Permit Application Form and Instructions, Effective 5-20-98.

(3) DEP Form 62-737.900(3), Mercury Recovery and Mercury Reclamation Facility Annual Report and Instructions, Effective 5-20-98.

(4) [reserved]

(5) DEP Form 62-730.900(4)(a), Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Assurance, Effective 1/5/95.

(6) DEP Form 62-730.900(4)(b), Hazardous Waste Facility Letter from Chief Financial Officer to Demonstrate Financial Responsibility, Effective 1/5/95.

(7) DEP Form 62-730.900(4)(c), Hazardous Waste Facility Corporate Guarantee to Demonstrate Financial Assurance, Effective 1/5/95.

(8) DEP Form 62-730.900(4)(d), Hazardous Waste Facility Corporate Guarantee for Liability Coverage, Effective 1/5/95.

(9) DEP Form 62-730.900(4)(e), Hazardous Waste Facility Trust Fund Agreement to Demonstrate Financial Assurance, Effective 1/5/95.

(10) DEP Form 62-730.900(4)(f), Hazardous Waste Facility Standby Trust Fund Agreement to Demonstrate Financial Assurance, Effective 1/5/95.

(11) DEP Form 62-730.900(4)(g), Hazardous Waste Facility Irrevocable Letter of Credit to Demonstrate Financial Assurance, Effective 1/5/95.

(12) DEP Form 62-730.900(4)(h), Hazardous Waste Facility Financial Guarantee Bond to Demonstrate Financial Assurance, Effective 1/5/95.

(13) DEP Form 62-730.900(4)(i), Hazardous Waste Facility Performance Bond to Demonstrate Financial Assurance, Effective 1/5/95.

(14) DEP Form 62-730.900(4)(j), Hazardous Waste Facility Insurance Certificate to Demonstrate Financial Assurance, Effective 1/5/95.

History

• Rulemaking Authority 403.061, 403.7186 FS. Law Implemented 403.7186, 403.721 FS. History–New 5-10-95, Amended 5-20-98, 1-4-09, 6-18-18.

Chapter 62-740 PETROLEUM CONTACT WATER

Fla. Admin. Code R. 62-740.010 Declaration of Intent

History

• Rulemaking Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History–New 12-18-95, Repealed 2-16-12.

Fla. Admin. Code R. 62-740.020 Applicability

These management practices apply to any person producing, transporting or storing PCW for the purpose of recovering product and to any person recovering product from PCW. These management practices do not apply to materials not meeting the definition of PCW or used oil, oily waste or other materials regulated under Chapter 62-710, F.A.C.

History

• Rulemaking Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History–New 12-18-95.

Fla. Admin. Code R. 62-740.030 Definitions

(1) “Petroleum Contact Water” or “PCW” means water containing product.

(a) Examples of materials that meet the definition of PCW include the following:

1. Condensate from underground and aboveground petroleum tanks.

2. Water bottoms or drawdown water removed from a petroleum storage tank system as defined in Chapters 62-761 and 62-762, F.A.C.

3. Product, or water in contact with product which displays a visible sheen contained in spill containment and secondary containment areas associated with petroleum tank storage, petroleum transportation, and petroleum distribution systems; however, stormwater that displays a visible sheen contained in spill containment and secondary containment areas associated with a diesel or No. 2 fuel storage tank, transportation or distribution system is not PCW.

4. Petroleum tank filler sump and dispenser sump water.

5. Recovered product or water in contact with product, which does not contain hazardous constituents other than petroleum, from first response actions to petroleum spills or from petroleum contamination site cleanups conducted under Chapter 62-770, F.A.C.

6. Aboveground petroleum tank seal leakage water.

7. Pumpable liquids from petroleum tank cleaning operations.

(b) Examples of materials that do not meet the definition of PCW include the following:

1. Equipment or vehicle wash water.

2. Bilge water.

3. Separated solids from tank cleaning operations.

4. Groundwater contaminated with hazardous constituents other than PCW.

5. Wastewaters regulated or permitted under other applicable Department rules or standards, such as Chapters 62-620 and 62-660, F.A.C.

(2) “Petroleum refinery” means a location with a primary Standard Industrial Classification (SIC) code facility classification of 2911, Petroleum Refining.

(3) “Producer” means any person, within the meaning of Section 403.703(4), F.S., by site, whose act or process generates PCW or whose act first causes PCW to become subject to regulation. This term includes owners and operators of storage tank systems regulated under Chapters 62-761 and 62-762, F.A.C., examples include owners or operators of retail service stations, convenience stores, wholesale product distribution facilities, product terminals, pipeline break-out tanks, and aboveground storage tanks where PCW is collected. A producer may recover product from PCW it produces or receives from another producer without becoming classified as a recovery facility.

(4) “Product” means petroleum product as defined in Section 376.301(16), F.S. (1993).

(5) “Recovery facility” means a facility, that recovers product from PCW beyond the level of recovery obtained by a producer and meets the PCW management practices for recovery facilities. A recovery facility is not considered a producer, except for the PCW it may produce on site from its product storage tanks.

(6) “Site” means the contiguous land upon which a producer is located.

(7) “Transporter” means a person who transports PCW off site by rail or over public roads.

History

• Rulemaking Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History–New 12-18-95.

Fla. Admin. Code R. 62-740.040 General

(1) A producer shall determine whether to recover product from PCW.

(2) If a producer decides not to recover product from the PCW, or the PCW contains hazardous constituents above those found in the product that produced the PCW, the PCW is a solid waste and the producer of the PCW shall determine whether the PCW is a hazardous waste in accordance with 40 CFR 262.11, as adopted by reference in Chapter 62-730, F.A.C.

(3) A producer that has determined PCW to be a hazardous waste, and has determined not to recover product, shall manage the PCW in accordance with Chapter 62-730, F.A.C.

(4) A producer that has determined PCW to be non-hazardous, and has determined not to recover product is only subject to the provisions of paragraphs 62-740.040(4)(a)-(f), F.A.C., below, regarding the management and disposal of the PCW.

(a) Transporting and disposing of the PCW off site at a Publicly Owned Treatment Works (POTW) subject to regulation under section 402 or section 307(b) of the Clean Water Act, as amended, or other facility permitted by the Department;

(b) Transporting and disposing of the PCW off site at a pre-treatment facility connected to a POTW subject to regulation under section 402 or section 307(b) of the Clean Water Act, as amended;

(c) Transporting or piping the PCW to an on site treatment facility permitted by the Department, the U.S. Environmental Protection Agency, or certified, pursuant to Chapter 403, Part II, F.S., and Chapter 62-17, F.A.C.;

(d) Transporting or piping the PCW to an onsite storage or slop tank;

(e) Transporting the PCW to a recovery facility that meets the requirements of this chapter, or

(f) Transporting the PCW to a facility which has a currently valid industrial waste permit, air operating permit, or other local, state or federal permit, provided that the PCW is managed at the facility in a manner to prevent any violation of Department ground water, surface water, and air emissions standards.

(5) If a producer decides to recover product or have product recovered from PCW, the producer must maintain adequate records including documentation of process knowledge or test results to demonstrate that the PCW:

(a) Contains a recoverable product;

(b) Is managed as a product;

(c) Undergoes product recovery;

(d) Is managed in accordance with the applicable PCW management practices; and,

(e) Does not contain levels of hazardous constituents above those found in the source of the PCW.

(6) Methods used for recovery of product in PCW include the following:

(a) Phase separation of product from PCW by the producer.

(b) Use of one or more oil/water separators by the producer.

(c) Use of available technology onsite by the producer beyond oil/water separators (e.g., centrifuge, filter press, thermal desorption, etc.).

(d) Shipment of PCW to and reintroduction of the PCW into a petroleum refinery.

(e) Recovery of product from PCW at a recovery facility.

(7) If a producer conducts initial on site recovery of product from PCW by one or more of the methods in subsection (6), above, and determines not to recover additional product the producer is subject to and must comply with subsections (2), (3) and (4), of this rule.

(8) PCW managed for the recovery of product in accordance with the management standards contained in this chapter is not a solid waste as defined in 40 C.F.R. Part 261.2.

History

• Rulemaking Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History–New 12-18-95.

Fla. Admin. Code R. 62-740.100 Management Practices for Producers of PCW for Product Recovery

(1) If subject to regulation under Chapter 62-761 or 62-762, F.A.C., a producer shall register with the Department PCW storage tanks which are not those tanks in which PCW is initially produced and shall manage such PCW storage tanks in accordance with those rule chapters. These PCW storage tanks must be clearly labeled or marked with the words “Petroleum Contact Water.” A producer may either maintain onsite records that reflect accumulation and removal dates of PCW from such storage tanks or clearly mark the PCW storage tanks with the date when PCW accumulation first begins after the existing PCW in the storage tank has been removed.

(2) A producer that stores PCW in containers or tanks that are not required to be registered under Chapter 62-761 or 62-762, F.A.C., shall:

(a) Ensure that the container or tank is made of or lined with material that is compatible with PCW;

(b) Keep the container or tank closed and stored in a safe manner;

(c) Label or mark the container or tank clearly with the words “Petroleum Contact Water” and the date when PCW accumulation first begins after the existing PCW in the container or tank has been removed;

(d) Not handle the container or tank in a manner that may rupture it or cause it to leak; and,

(e) Inspect the container or tank for leaks and deterioration at least weekly.

(3) A producer shall not store PCW in containers or tanks for more than 180 days. Producers utilizing continuous input output tanks may demonstrate compliance with this paragraph by maintaining inventory records showing throughout of more than 100% of the tank capacity or the in-put PCW during a 180-day period.

(4) A producer shall include a shipping paper with each off site shipment of PCW. The shipping paper shall identify the PCW as “Petroleum Contact Water.”

(5) A producer shall notify the recovery facility receiving its PCW that the PCW does not contain levels of hazardous constituents above those found in the source of the PCW.

(6) A producer with on site product storage capacity of less than 95,000 gallons shall maintain records of the following PCW related activity for 3 years and shall make the records available to the Department upon five working days notice if records are not maintained onsite. A producer with on site product storage capacity of 95,000 gallons or more shall maintain records of the following PCW related activity for 3 years, shall maintain these records on site, and shall make these records available to the Department upon request. Onsite record retention may include the use of electronic media such as computers or telephone facsimiles. Records shall include:

(a) Date and volume of the PCW removed from the product or PCW tank and shipped off site.

(b) Names and addresses of transporters shipping PCW off site.

(c) Name and address of the PCW receiving facility destination.

(d) A copy of the shipping paper included with each shipment of PCW.

(e) A copy of the written statement provided to the receiving facility from the producer that the PCW does not contain levels of hazardous constituents above those found in the source of the PCW.

(f) Copies of weekly container or tank inspections required under paragraph (2)(e), of this rule.

(7) If a producer ships PCW within Florida, the producer shall only ship PCW to another producer, a petroleum refinery, a recovery facility that meets the PCW management practices, or a permitted hazardous waste facility.

(8) If a producer ships PCW outside Florida, the producer and transporter will be subject to the receiving state’s laws and regulations pertaining to the management of PCW upon leaving the State of Florida. Within the boundaries of the State of Florida, the producer and transporter must maintain compliance with Chapter 62-740, F.A.C.

(9) A producer shipping PCW off site by rail or over public roads for recovery shall use a hazardous waste transporter or a transporter who has received a DEP/EPA ID number by notifying the Department on EPA Form 8700-12 of its intent to transport PCW.

(10) A producer shall not mix or commingle PCW with any other material not identified in paragraph 62-740.030(1)(a), F.A.C., or defined as PCW.

History

• Rulemaking Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History–New 12-18-95.

Fla. Admin. Code R. 62-740.200 Management Practices for Transporters Shipping PCW for Product Recovery

(1) Compliance with this chapter shall not excuse a transporter from compliance with other applicable Florida laws and Florida Department of Transportation rules.

(2) A transporter of PCW destined for recovery shall be a hazardous waste transporter in compliance with Rule 62-730.170, F.A.C., or receive a DEP/EPA ID number by notifying the Department on EPA Form 8700-12 of its intent to transport PCW.

(3) A transporter who is not a producer or who does not engage in the ultimate recovery of product from PCW shall not store PCW for more than 35 days.

(4) A transporter that stores PCW in containers and tanks not required to be registered in accordance with Chapter 62-761 or 62-762, F.A.C., shall comply with the requirements in subsection 62-740.100(2), F.A.C.

(5) A transporter that stores PCW in tanks required to be registered in accordance with Chapter 62-761 or 62-762, F.A.C., shall manage the tanks in accordance with the applicable requirements for the storage of pollutants as specified in the above chapters.

(6) A transporter shall keep an operating record of the following PCW related activities for 3 years and make the records available to the Department upon request:

(a) Name and location of the person shipping the PCW.

(b) Date the PCW was picked up.

(c) Volume of the PCW transported.

(d) Name and location of the person receiving the PCW.

(e) Delivery date of the PCW.

(f) A copy of the shipping paper used for the shipment of the PCW.

(7) A transporter shall not mix or commingle PCW with any other material not identified in paragraph 62-740.030(1)(a), F.A.C., or defined as PCW.

History

• Rulemaking Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History–New 12-18-95.

Fla. Admin. Code R. 62-740.300 Management Practices for Recovery Facilities

(1) A recovery facility receiving PCW shall:

(a) Obtain a hazardous waste facility operation permit in accordance with Rules 62-730.200 and 62-730.231, F.A.C.;

(b) Qualify for an exemption from the hazardous waste permitting process, pursuant to paragraphs 62-730.270(1)(a)-(c), F.A.C., or

(c) Obtain a used oil processing general permit in accordance with Rule 62-710.800, F.A.C., except for subsections 62-710.800(5) and (6). For the purpose of this permit, the words “used oil” shall mean “PCW” and the phrase “used oil processing facility” shall mean “PCW recovery facility.”

(2) A recovery facility shall meet the following requirements:

(a) Store PCW in registered tanks in accordance with the applicable requirements for the storage of pollutants as specified in Chapter 62-761 or 62-762, F.A.C.

(b) Store PCW in containers or tanks that are not required to be registered under Chapter 62-761 or 62-762, F.A.C., in accordance with the requirements in subsection 62-740.100(2), F.A.C.

(c) Maintain records of the following PCW related activities for each shipment of PCW received for a minimum of 3 years, maintain the records onsite, and make the records available to the Department upon request:

1. Name and address of the PCW producer.

2. Name and address of the PCW transporter.

3. Date of receipt of the PCW shipment.

4. Volume of the PCW received.

5. A copy of the shipping paper used for shipment of the PCW.

6. Documentation of weekly container or tank inspections required in paragraph 62-740.100(2)(e), F.A.C.

(3) A recovery facility shall be able to demonstrate to the Department by operating procedures or records kept on site that, under normal operating practices, it recovers product from PCW.

(4) A recovery facility shall obtain written assurances from the producer that the PCW does not contain levels of hazardous constituents above those found in the source of the PCW. These written assurances must be maintained by the recovery facility for 3 years.

(5) A recovery facility shall maintain records documenting quantities of product recovered from PCW and submit a report to the Department by March 1 of each year. The report shall include the total quantity of the PCW received and an estimate of the total quantity of product recovered from the PCW during the previous calendar year.

(6) A recovery facility shall test and manage all waste residuals after the recovery of product as appropriate in accordance with Chapter 62-730, F.A.C., or other applicable rules of the Department.

History

• Rulemaking Authority 376.303, 403.721 FS. Law Implemented 376.30, 376.302, 376.303, 403.702, 403.704, 403.72, 403.721 FS. History–New 12-18-95.

Chapter 62-761 UNDERGROUND STORAGE TANK SYSTEMS

Fla. Admin. Code R. 62-761.100 Intent

(1) The purpose of this chapter is to provide requirements for underground storage tank systems that store regulated substances in order to minimize the occurrence and environmental risks of releases and discharges. This chapter provides requirements for underground storage tank systems having individual storage tank capacities greater than 110 gallons.

(2) This chapter implements the requirements of Chapter 376, F.S. Final agency action related to the functions that may be carried out by a locally administered governmental program (county) under contract with the Department pursuant to Section 376.3073, F.S., shall be taken by the Department.

(3) Site access to the facility and individual storage tank systems or system components, subject to safety considerations, shall be provided for compliance inspections conducted at reasonable times and with notice by phone or email. The facility owner or operator shall provide an authorized facility representative to unlock and open any covers, manways, and release detection equipment associated with the storage tank system or system component and demonstrate operational functionality of electronic equipment.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.3073, 403.091 FS. History–New 12-10-90, Formerly 17-761.100, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17.

Fla. Admin. Code R. 62-761.200 Definitions

All words and phrases defined in Section 376.301, F.S., shall have the same meaning when used in this chapter unless specifically stated otherwise in this chapter. See Section 376.301, F.S., for definitions of the following terms: “Contaminant,” “Department,” “Discharge,” “Facility,” “Flow-through process tank,” “Hazardous substances,” “Operator,” “Owner,” “Petroleum,” “Petroleum product,” and “Pollutants.” The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the following meaning:

(1) “Ammonia” includes organic amines and inorganic compounds that are liquids at standard temperature and pressure that, when discharged, release free ammonia (NH3), or ammonium ion (NH4+).

(2) “Biofuel” means fuel produced from renewable resources especially, but not limited to, organic feedstocks such as plant biomass, vegetable oils, animal fats, and treated municipal and industrial wastes.

(3) “Cathodic protection” means a method of preventing corrosion of a metal surface through the use of galvanic anodes or impressed current.

(4) “Certified Contractor” means a Pollutant Storage System Contractor certified by the Department of Business and Professional Regulation in accordance with Chapter 489, F.S. Except for the exemptions specified in Chapter 489, F.S., Certified Contractors are not required for activities that do not involve excavating or disturbing the backfill around storage tank systems. Certified Contractors are the only contractors authorized to perform the following activities for underground pollutant storage tank systems if backfill is disturbed:

(a) Installation of:

1. Storage tank systems or integral piping, excluding drop tubes,

2. Overfill protection and spill containment,

3. Secondary containment,

4. Internal release detection devices,

5. Cathodic protection systems; and,

6. Dispenser sumps when the integral piping is connected or disconnected during the installation of secondary containment.

(b) Removal of tanks or integral piping; and,

(c) Internal lining of tanks.

(5) “Certified Contractors Form” means Underground Storage System Installation and Removal Form for Certified Contractors 62-761.900(5).

(6) “Chlorine” includes organic and inorganic compounds that are liquids at standard temperature and pressure that, when discharged, may release free chlorine (Cl2) or chlorides (Cl-).

(7) “Class A operator” of an underground storage tank system facility is an individual who typically has primary responsibility for ensuring the proper operation and maintenance of the storage tank systems, particularly in the capacity of managing resources and personnel necessary to achieve and maintain compliance with all storage tank system regulations.

(8) “Class B operator” of an underground storage tank system facility is an individual who ensures the implementation of all applicable requirements of these regulations in the field and implements the day-to-day aspects of the operation and maintenance of, and recordkeeping for, storage tank systems.

(9) “Class C operator” of an underground storage tank system facility is an individual designated by the facility owner, storage tank system owner, or operator who typically controls the dispensing of fuel at the facility and is responsible for initial response to alarms, releases, spills, overfills, or threats to the public or to the environment.

(10) “Closure Integrity Evaluation” is an assessment of storage tank system integrity that is performed by a third-party inspection or testing entity at closure, replacement, or change in service from a tank containing regulated substance to a non-regulated substance. The evaluation is a physical test of interstitial tightness or visual inspection of the interstice of a secondarily contained storage tank system, secondarily contained storage tank system component, or a primary integrity test of a single-walled storage tank, or containment integrity test of a single-walled piping sump, dispenser sump, or spill containment system.

(11) “Closure Integrity Report” means Closure Integrity Evaluation Report Form for USTs 62-761.900(7).

(12) “Closure Report” is a report prepared in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition.

(13) “Compatible” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the storage tank system under conditions likely to be encountered in the storage tank system.

(14) “Corrosion Professional” means a person who, by reason of knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal components of a storage tank system. Corrosion Professionals shall be accredited or certified by NACE International as either a Cathodic Protection Specialist or Corrosion Specialist, or be a professional engineer licensed in the state of Florida.

(15) “Corrosion Protection” means the minimization of corrosion by the use of cathodic protection or vapor corrosion inhibitors.

(16) “County” means a locally administered governmental program under contract with the Department to perform compliance verification activities at facilities with storage tank systems within the boundaries stipulated in the applicable contract.

(17) “Day tank” means a storage tank connected to a regulated tank by way of integral piping that contains the amount of fuel commonly used in a 24-hour period.

(18) “Discovery” means actual knowledge or knowledge of facts that could reasonably lead to actual knowledge of the existence of a previously unreported incident, release, or discharge.

(19) “Dispenser” means a dispensing system that is used to transfer regulated substances from a fixed point to a vehicle or portable container.

(20) “Dispenser sump” means a storage tank system component installed as secondary containment beneath a dispenser to prevent discharges of regulated substances.

(21) “Double-walled” means a storage tank system or system component that has an outer wall that provides secondary containment.

(22) “DRF” means Discharge Report Form 62-761.900(1).

(23) “Empty” means all regulated substances have been removed so that no more than one inch in depth or 0.3 percent by weight of total system capacity of regulated substances remains in the storage tank system.

(24) “Free product” means the presence of a regulated substance as a nonaqueous phase liquid in the environment in excess of 0.01 foot in thickness, measured at its thickest point.

(25) “Hydrostatic test” means a containment integrity test for a storage tank system or storage tank system component that is performed in accordance with this chapter using equilibrium and the pressure of liquids.

(26) “Impervious” means:

(a) A synthetic material or another material registered in accordance with subsection 62-761.850(2), F.A.C., that is compatible with the stored regulated substance, and has a permeability rate to the regulated substance stored of 1 × 10-7 cm/sec or less, or

(b) For concrete structures, a material that:

1. Meets the design and construction standards of Design Considerations for Environmental Engineering Concrete Structures, ACI 350.4R-04, 2004 Edition and Control of Cracking in Concrete Structures, ACI 224R-01, (Reapproved 2008), hereby adopted and incorporated by reference, and available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at ACI, 38800 Country Club Drive., Farmington Hills, Michigan 48331-3439, (248)848-3800, or the publisher’s website at http://www.concrete.org/, or

2. Is applied to the concrete in accordance with Design, Installation, and Maintenance of Coating Systems for Concrete Used in Secondary Containment, SSPC-TU 2/NACE 6G197, Publication No. 97-04/Item No. 24193, February 1997, hereby adopted and incorporated by reference, and available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at SSPC: The Coatings Society, 40 24th Street, 6th Floor, Pittsburgh, Pennsylvania 15222-4643, (877)281-7772, or from the publisher’s website at http://www.sspc.org/; or from the publisher at NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, (800)797-6223, or from the publisher’s website at http://www.nace.org/.

(27) “In contact with the soil” means any portion of a storage tank system, that physically touches the soil or, if not in direct contact with the soil, is separated from the soil only by a casing, wrapping, or other material that is not impervious.

(28) “Incident” is a condition or situation indicating that a release or discharge may have occurred from a storage tank system or system component.

(29) “INF” means Incident Notification Form 62-761.900(6).

(30) “In-service” means a storage tank system where the owner or operator has not reported to the Department in accordance with paragraph 62-761.400(2)(a), F.A.C., that the tank is out-of-service pursuant to paragraph 62-761.800(1)(b), F.A.C.

(31) “Integral piping” means on-site piping, originating or terminating at the regulated storage tank or tanks, that conveys regulated substances. Vapor, or other recovery lines and vent lines are not considered integral piping. Integral piping includes all valves, elbows, joints, flanges, pumps, and flexible connectors associated with the pipe originating at the storage tank, up to the:

(a) Union of the integral piping with the dispenser;

(b) Fill cap or fill valve, or

(c) Forwarding pump used for transferring regulated substances to a flow-through process tank or an industrial production or manufacturing point of use.

Onsite means on the same or geographically contiguous property as the facility regulated under this chapter that is under the same ownership or control. The properties may be divided by a public or private right-of-way or an easement.

(32) “Integrity test” means a determination of the liquid tightness of a storage tank system or system component using one of the following types of tests:

(a) “Interstitial integrity test” means an evaluation of the interstitial space in a double-walled storage tank system or system component using vacuum, pressure, liquid filled monitoring systems, or equivalent test methods certified by a Nationally Recognized Testing Laboratory, or

(b) “Primary integrity test” means an evaluation of the liquid tightness of the primary tank or integral piping, or

(c) “Containment integrity test” means an evaluation of the liquid tightness of hydrant pits, isolation valve pits, piping sumps, dispenser sumps, and spill containment systems.

(33) “Interstice” means the space between the primary and secondary wall of a storage tank system or system component.

(34) “Interstitial monitoring” is a method of release detection in which the area between the primary and secondary wall of a storage tank system component is monitored for signs of release.

(35) “Limited Closure Report” means Limited Closure Report Form for USTs 62-761.900(8).

(36) “Liner” means an impervious material that meets the performance requirements of paragraph 62-761.500(1)(b), F.A.C., that is used externally as a method of secondary containment.

(37) “Maintenance” means the normal operational upkeep in accordance with Rule 62-761.700, F.A.C., to prevent a storage tank system or system component from releasing or discharging regulated substances.

(38) “Nationally Recognized Testing Laboratory” means an international or national organization or governmental entity that can perform quantitative and qualitative tests on storage tank system equipment, evaluate the test data and equipment performance, and make determinations of the equipment’s capability of meeting the technical requirements of this chapter. A Nationally Recognized Testing Laboratory shall have at least five years of professional storage tank system equipment testing experience.

(39) “Operability test” means a test performed to determine if electronic and mechanical release detection and overfill protection devices or systems are functioning as designed and in accordance with manufacturers’ specifications.

(40) “Out-of-service” means a storage tank system or system component that is designated as out-of-service by the owner or operator to the Department on Storage Tank Facility Registration Form 62-761.900(2).

(41) “Overfill” is an incident that occurs when a tank is filled beyond its capacity.

(42) “Overfill protection” is a device or method for preventing an incident, release, or discharge from a storage tank during filling of the storage tank system.

(43) “Pesticides” means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses, bacteria, or fungi on or in living humans or other animals, which the Department of Agriculture and Consumer Services by rule declares to be a pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; however, the term “pesticide” does not include any article that:

(a) Is a “new animal drug” within the meaning of 21 U.S.C. §321(v) of the Federal Food, Drug, and Cosmetic Act;

(b) Has been determined by the Secretary of the United States Department of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article, or

(c) Is an animal feed within the meaning of 21 U.S.C. §321(w) of the Federal Food, Drug, and Cosmetic Act bearing or containing an article covered in this subsection.

(44) “Pipe” or “piping” means any hollow cylindrical or tubular conveyance through which regulated substances flow.

(45) “Piping sump” means a storage tank system component installed as secondary containment or a monitoring port at the lowest point in the integral piping to detect releases. Piping sumps do not include impervious pits or trenches which contain integral or bulk product piping so long as such pits or trenches are open on the top or have grating on the top that allow the integral or bulk product piping to be visually inspected.

(46) “Pressurized piping” means piping through which regulated substances are pumped under pressure.

(47) “Product” means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not.

(48) “Registration form” means Storage Tank Facility Registration Form 62-761.900(2).

(49) “Regulated substance” means a liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), that is a pollutant or a hazardous substance, or any mixture of the two, when stored in a storage tank system.

(50) “Release” means a loss of regulated substances from a storage tank system or system component into the system’s secondary containment.

(51) “Release detection” means a method of detecting the presence of regulated substances within a storage tank system’s or system component’s secondary containment or detecting other conditions or situations indicative of a release or discharge.

(52) “Repair” means to restore or replace any defective or damaged parts of a storage tank system or system component in accordance with Rule 62-761.700, F.A.C. Replacement of a non-defective part is not a repair.

(53) “Residential storage tank system” means a storage tank system that provides fuel for heating, air conditioning, or electricity to a residential structure. That structure is a non-commercial building utilized exclusively as a dwelling unit that is used as a home or residence by one or more persons who maintain a common household, excluding transient occupancies.

(54) “Secondary containment” means a release detection and discharge prevention system that meets the performance requirements of paragraph 62-761.500(1)(b), F.A.C., and includes dispenser sumps, piping sumps, spill containment systems, the outer wall of double-walled tanks and integral piping, or the liner or an impervious containment area surrounding single-walled tanks or integral piping.

(55) “Sheen” means a regulated substance less than or equal to 0.01 foot in thickness, measured at its thickest point, or visibly observed, floating on surface water, groundwater, or within secondary containment.

(56) “Spill containment system” means a fixed component that is designed to prevent a discharge of regulated substances from the tank fill pipe.

(57) “Storage tank system” means a tank used to contain regulated substances, its integral piping, and all its components, including dispensers, spill containment systems, overfill protection systems, secondary containment systems, and any associated release detection equipment. A storage tank system is a “storage system” as defined in Section 376.301, F.S.

(58) “Storage tank system component” or “system component” means any part (mechanical, electrical, and plumbing) of the storage tank system that is necessary for a tank system to operate properly and safely. This includes tanks, integral piping, sensors, sumps, pumps, including dispensers, spill containment systems, overfill protection systems, secondary containment systems, and any associated release detection equipment.

(59) “Suction piping” means piping through which regulated substances flow by suction due to a pump located at the dispenser or other endpoint of the piping.

(60) “Sump” means a storage tank system component installed as secondary containment to prevent discharges of regulated substances. Sumps include dispenser sumps, piping sumps, spill containment systems and hydrant sumps. Hydrant sumps or hydrant pits are any secondary containment system associated with hydrant piping, including hydrant pits, isolation valve pits, valve access pits, and control pits but excludes double-walled piping.

(61) “Tank” means an enclosed stationary container or structure that is designed or used to store regulated substances, and the volume of which, including the volume of underground piping, is ten percent or more buried beneath the surface of the ground.

(62) “UST” means an underground storage tank.

(63) “Vapor Corrosion Inhibitor” (VCI) means a chemical substance that volatilizes from a liquid or solid that is designed to inhibit corrosion within an enclosed airspace.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.301, 376.303, 489.133 FS. History–New 12-10-90, Amended 5-4-92, 3-8-94, Formerly 17-761.200, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 10-13-19, 6-25-23.

Fla. Admin. Code R. 62-761.210 Reference Guidelines

(1) Reference guidelines listed in paragraphs 62-761.210(2)(a) through (n), F.A.C., that are copyright protected are available for inspection during business hours at the Department of Environmental Protection’s Tallahassee Office located at 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, in accordance with Section 120.54(1)(i)3.b., F.S., or available directly from the source. Secondary references found within the following primary reference guidelines that have insufficient information to obtain those references can be obtained as provided in the document titled UST Appendix A – Secondary References, June 2023 Edition, hereby adopted and incorporated by reference, located here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15411, or the Department of Environmental Protection or the Department of State address listed above. All other secondary references can be obtained through the following reference guidelines.

(2) Titles of documents. References to the following documents listed in paragraphs 62-761.210(2)(a) through (n), F.A.C., are made throughout this chapter. Each document or part thereof is adopted and incorporated by reference only to the extent that it is specifically referenced in this chapter. To the extent that the provisions contained in the following reference guidelines conflict with this chapter, the Department’s requirements as stated in this chapter shall control.

(a) American Concrete Institute (ACI). Copies of the following documents are available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at ACI, 38800 Country Club Drive, Farmington Hills, Michigan 48331-3439, (248)848-3800, or the publisher’s website at http://www.concrete.org/:

1. Control of Cracking in Concrete Structures, ACI 224R-01, (Reapproved 2008); and,

2. Design Considerations for Environmental Engineering Concrete Structures, ACI 350.4R-04, 2004 Edition.

(b) American Petroleum Institute (API). Copies of the following documents are available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, D.C. 20005, (202)682-8000, or the publisher’s website at http://www.api.org/:

1. Closure of Underground Petroleum Storage Tanks, API Recommended Practice 1604, 4th Edition, February 2021,

2. Installation of Underground Petroleum Storage Systems, API Recommended Practice 1615, (R2020), 6th Edition, April 2011,

3. Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, API Recommended Practice 1632 (R2010), 3rd Edition, May 1996. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15411, or the Department address listed in subsection 62-761.210(1), F.A.C.; and,

4. Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing and Storage Facilities and Distribution Terminals, API Recommended Practice 1637, 4th Edition, April 2020.

(c) ASME International (founded as the American Society of Mechanical Engineers). A copy of the following document is available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at ASME International, 22 Law Drive, Box 2900, Fairfield, New Jersey 07007-2900, (800)843-2763, or the publisher’s website at http://www.asme.org/: Process Piping, ASME B31.3, 2020 Edition.

(d) Energy Institute. A copy of the following document is available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at Energy Institute, 62 New Cavendish Street, London W1G 7AR, United Kingdom, +44 (0)20 7467 7100, or the publisher’s website at https://www.energyinst.org/home: Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fuelling Equipment, EI 1542, 9th Edition, July 2012.

(e) Florida Department of Environmental Protection (DEP). A copy of the following document is available at the Department located at 2600 Blair Stone Road, Tallahassee, Florida 32399, (850)245-8705, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, or at the following website location: http://www.flrules.org/Gateway/reference.asp?No=Ref-11183, Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition.

(f) AMPP (The Association for Materials Protection and Performance, formerly NACE International). Copies of the following documents are available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at AMPP, 15835 Park Ten Place, Houston, Texas 77084, (800)797-6223, or the publisher’s website at https://www.ampp.org/home:

1. Control of External Corrosion on Underground or Submerged Metallic Piping Systems, NACE Standard SP0169-2013 (formerly RP0169), 2013 Edition; and,

2. External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE Standard SP0285-2021 September 2021 Edition.

(g) National Fire Protection Association (NFPA). Copies of the following documents are available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (800)344-3555, or at the publisher’s website at www.nfpa.org/:

1. Flammable and Combustible Liquids Code, NFPA 30, 2021 Edition;

2. Temporarily Out of Service, Closure in Place, or Closure by Removal of Underground Storage Tanks, NFPA 30 (Annex C), 2021 Edition; and,

3. Code for Motor Fuel Dispensing Facilities and Repair Garages, NFPA 30A, 2021 Edition.

(h) National Institute of Standards and Technology (NIST). Information about this bureau of the Department of Commerce is available at National Institute of Standards and Technology, 100 Bureau Drive, Stop 1070, Gaithersburg, Maryland 20899-1070, (301)975-6478, or the organization’s website at http://www.nist.gov/index.html.

(i) National Leak Prevention Association (NLPA). A copy of the following document is available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at NLPA, Route 2 Box 106A, Falmouth, Kentucky 41040, (702)832-2260, or the publisher’s website at http://www.nlpa-online.org/: NLPA Standard 631, Chapters A and B, 1991. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15411, or the Department address listed in subsection 62-761.210(1), F.A.C.

(j) Petroleum Equipment Institute (PEI). Copies of the following documents are available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, or the publisher’s website at www.pei.org/:

1. Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-20, 2020 Edition; and,

2. Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, PEI/RP1200-19, 2019 Edition.

(k) SSPC: The Coatings Society and NACE International. A copy of the following document is available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at SSPC: The Coatings Society, 40 24th Street, 6th Floor, Pittsburgh, Pennsylvania 15222-4643, (877)281-7772, or from the publisher’s website at http://www.sspc.org/; or from the publisher at NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, (800)797-6223, or from the publisher’s website at http://www.nace.org/: Design, Installation, and Maintenance of Coating Systems for Concrete Used in Secondary Containment, SSPC-TU 2/NACE 6G197, Publication No. 97-04/Item No. 24193, February 1997.

(l) Steel Tank Institute (STI). Copies of the following documents are available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at STI, 944 Donata Court, Lake Zurich, Illinois 60047, (847) 438-8265, or from the publisher’s website at https://www.steeltank.com/:

1. sti-P3® Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks, sti-P3®, Revised May 2018. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15411, or the Department address listed in subsection 62-761.210(1), F.A.C.,

2. Specification for External Corrosion Protection of FRP Composite Steel USTs – ACT-100®, STI F894, Revised May 2018. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15411, or the Department address listed in subsection 62-761.210(1), F.A.C.,

3. Cathodic Protection Testing Procedures for sti-P3® UST’s, STI R051-17, (R051), Revised April 2017,

4. Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, STI R892, Revised January 2006; and,

5. Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs, STI R972, Revised December 2010.

(m) Underwriters’ Laboratories Standards (UL). Copies of the following documents are available at the Department address listed in subsection 62-761.210(1), F.A.C., or from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847)272-8800, or from the publisher’s website at www.ul.com/:

1. Steel Underground Tanks for Flammable and Combustible Liquids, UL 58, July 1998, Revised January 2018, 10th Edition. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15411, or the Department address listed in subsection 62-761.210(1), F.A.C.,

2. Nonmetallic Underground Piping for Flammable Liquids, UL 971, May 2021, 2nd Edition. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15411, or the Department address listed in subsection 62-761.210(1), F.A.C.,

3. Standard for Fibre Reinforced Underground Tanks for Flammable and Combustible Liquids (formerly Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures), UL/ULC 1316, January 1994, Revised November 2018, 3rd Edition. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15411, or the Department address listed in subsection 62-761.210(1), F.A.C.,

4. External Corrosion Protection Systems for Steel Underground Storage Tanks, UL 1746, January 2007, Revised December 2014, 3rd Edition. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15411, or the Department address listed in subsection 62-761.210(1), F.A.C.; and,

5. Outline of Investigation for Underground Fuel Tank Internal Retrofit Systems, UL 1856, June 2020, 2nd Edition. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15411, or the Department address listed in subsection 62-761.210(1), F.A.C.

(n) United States Government Printing Office, Federal Digital System, Code of Federal Regulations, Electronic Code of Federal Regulations. Copies of the following documents are available at U.S. Government Printing Office, 732 North Capitol Street, N.W., Washington, DC 20401-0001, (202)512-1800, or from the publisher’s website at https://www.govinfo.gov/app/collection/cfr:

1. Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), 40 CFR Part 280, Subpart H, Financial Responsibility, July 15, 2015; published by Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, N.W., Washington, DC 20401-0001, or https://www.flrules.org/Gateway/reference.asp?No=Ref-15341, or https://www.govinfo.gov/app/collection/cfr/2015/title40; and,

2. Designation of Hazardous Substances 40 CFR Section 302.4, August 1989, published by Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, N.W., Washington, DC 20401-0001, or http://www.flrules.org/Gateway/reference.asp?No=Ref-07663, or http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr302_main_02.tpl.

(3) Applicability of Reference Guidelines: Storage tank systems or system components installed after January 11, 2017, shall comply with this chapter on or after January 11, 2017. Unless otherwise specified in this chapter, storage tank systems or system components installed before January 11, 2017, are subject to the applicable Reference Standards listed in the Department’s storage tank rules that were in effect at the time the storage tank systems or system components were installed.

Editorial Note: Portions of this rule were relocated to Rule 62-761.420, F.A.C., on 1-11-2017.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.210, Amended 7-13-98, 6-21-04, 1-11-17, 10-13-19, 6-25-23.

Fla. Admin. Code R. 62-761.300 Applicability

(1) General Requirements.

The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, and owners and operators of storage tank systems with individual storage tank capacities greater than 110 gallons, that contain or contained regulated substances. Storage tank systems or system components installed after January 11, 2017, shall comply with this chapter upon installation. Unless otherwise specified in this chapter, storage tank systems or system components installed before January 11, 2017, are subject to the applicable Reference Standards listed in the Department’s storage tank rules that were in effect at the time the storage tank systems or system components were installed.

(2) Exemptions: The following underground systems are exempt from the requirements of this chapter:

(a) Any storage tank system storing any hazardous waste listed or identified under Subtitle C of the Resource Conservation and Recovery Act, or a mixture of such hazardous waste and other regulated substances;

(b) Any storage tank system regulated under the Toxic Substances Control Act (15 U.S.C. 2065);

(c) Any pesticide waste degradation system;

(d) Storage tank systems used solely for temporary storage of mixtures of pesticides and dilutent for reapplication as pesticides;

(e) Any storage tank system with a storage capacity of less than 30,000 gallons used for the sole purpose of storing heating oil for consumptive use on the premises where stored. “Heating oil” means any petroleum-based fuel used in the operation of heating equipment, boilers, or furnaces;

(f) Any tank that contains asphalt or asphalt products not containing other regulated substances;

(g) Any storage tank system storing regulated substances that are solid or gaseous at standard temperature and pressure;

(h) Any storage tank containing Liquefied Petroleum Gas;

(i) Any storage tank system that:

1. Contains a regulated substance at a concentration of less than two percent for pollutants and below the reportable quantities for hazardous substances under Designation of Hazardous Substances 40 CFR Section 302.4, August 1989, hereby adopted and incorporated by reference, and available from publisher at the Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, N.W., Washington, DC 20401-0001, or http://www.flrules.org/Gateway/reference.asp?No=Ref-07663, or http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr302_main_02.tpl, or the Department address located in subsection 62-761.210(1), F.A.C.; and,

2. Was never previously regulated under sections 376.30 through 376.309, F.S. or this chapter.

(j) Any storage tank system that contains wastewater that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act;

(k) Any stormwater or wastewater collection system, including oil-water separator tanks;

(l) Any agricultural storage tank system of 550 gallons capacity or less that is used for agricultural purposes;

(m) Any residential storage tank system used solely for residential purposes. However, under Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), 40 CFR Part 280, July 15, 2015, residential tanks greater than 1,100 gallons containing motor fuels are subject to federal underground storage tank rules;

(n) Any emergency spill or emergency overflow containment storage tank systems, including those associated with electric power generation systems, that are emptied as soon as possible after use, and that routinely remains empty;

(o) Day tanks with a capacity less than or equal to 110 gallons or any flow-through process tank. For industrial and manufacturing facilities, integral piping is considered to terminate at the forwarding pump or valve used to transfer regulated substances to process, production, or manufacturing points of use or systems within the facility. Piping used to return unused regulated substances from the process production, or manufacturing point of use back to the storage tank system is considered part of this exemption. Day tanks with capacities greater than 110 gallons are not exempt and shall be in compliance with this chapter no later than June 25, 2024;

(p) Any storage tank system, liquid trap, or associated gathering lines directly related to oil or gas production and gathering operations regulated by Chapter 377, F.S.; however, this exclusion does not apply to storage tanks that contain refined products;

(q) Any equipment or machinery that contains regulated substances for operational purposes, such as hydraulic lift or fluid tank systems that hold hydraulic fluid for closed-loop mechanical systems used to operate lifts, elevators, and other similar devices and dielectric fluid (cooling and lubricating oil) systems used for electrical equipment;

(r) Any pipeline, piping, and “break-out” tanks directly connected to the pipeline regulated by the United States Department of Transportation Pipeline and Hazardous Material Safety Administration, pursuant to Title 49, Parts 190-199 of the Code of Federal Regulations;

(s) Any storage tank system containing radionuclides or that is part of an emergency generator system for nuclear power generation at facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50, Appendix A;

(t) Any vapor recovery holding tanks and associated vapor recovery piping systems;

(u) Any storage tank system containing biofuel that has a concentration of regulated substance of five percent or less by volume, or

(v) Any rail or tanker truck loading or unloading operations (loading racks) specified in Chapter 28 of Flammable and Combustible Liquids Code, Bulk Loading and Unloading Facilities for Tank Cars and Tank Vehicles, NFPA 30, 2021 Edition, hereby adopted and incorporated by reference and available from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (800)344-3555, or at the publisher’s website at www.nfpa.org/. Copyright protection documents are available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.300, Amended 7-13-98, 6-21-04, 1-11-17, 7-9-19, 6-25-23.

Fla. Admin. Code R. 62-761.350 Operator Training and Certification

(1) Owners or operators shall identify and designate for each in-service underground storage tank system facility, including unmanned facilities, at least one named individual for each class of operator – Class A, Class B, and Class C. All individuals designated as a Class A, B or C operator shall, at a minimum, be trained and certified in accordance with this rule. For the purposes of this rule, the terms “Class A Operator,” “Class B Operator,” or “Class C Operator” are terms specific to the training requirements of this subsection 62-761.350(2), F.A.C.

(a) Owners and operators may designate different individuals for each class of operator, or one individual for more than one of the operator classes.

(b) Any individual designated for more than one operator class shall be trained and certified for each operator class, except that training and certification as a Class B operator also entitles that individual to certification as a Class A operator.

(c) An individual may be designated as a Class A operator for one or more facilities. An individual may be designated as a Class B operator for one or more, but not to exceed 50 facilities. An individual Class C operator must be specifically trained for each facility.

(d) During hours of operation, facilities must have at least one certified operator (either a Class A, Class B, or Class C operator) present at the facility, except when a facility is unmanned. A facility is considered unmanned when during the normal course of business, and after hours of operation, there is routinely no Class A, B, or C operator present at the facility who could respond to alarms or emergencies related to the storage tank systems. (Examples of unmanned facilities include, but are not limited to, card lock or card access fueling stations, telecommunication towers or utility transfer stations serviced by emergency generator storage tank systems, and unattended storage tank systems located at industrial facilities.) Unmanned facilities must have weather resistant signage clearly visible from any dispenser which instructs users with regard to basic safety procedures, provides the customer with a 24-hour telephone number to contact a Class A, B, or C operator for the facility and provides instruction on contacting local emergency responders.

(2) The three classes of operators are identified as follows.

(a) Class A Operator.

1. Functions. A Class A operator of an underground storage tank system facility is an individual who typically has primary responsibility for ensuring the proper operation and maintenance of the storage tank systems, particularly in the capacity of managing resources and personnel necessary to achieve and maintain compliance with all storage tank system regulations.

2. Qualifications and Training. Class A operators must be trained in and have a general knowledge of the requirements of applicable storage tank system regulations, including, but not limited to registration, system components, product compatibility, spill containment and overfill protection, corrosion protection, release detection, recordkeeping, notification, release reporting and response, out-of-service status, permanent closure, operator training, and financial responsibility.

(b) Class B Operator.

1. Functions. A Class B operator of an underground storage tank system facility is an individual who ensures the implementation of all applicable requirements of these regulations in the field and implements the day-to-day aspects of the operation and maintenance of, and recordkeeping for, storage tank systems.

2. Qualifications and Training. Class B operators must be trained in and have detailed knowledge of the requirements of applicable storage tank system regulations, including, but not limited to registration, system components, product compatibility, spill containment and overfill protection, corrosion protection, release detection, recordkeeping, notification, release reporting and response, out-of-service status, permanent closure, operator training, and financial responsibility. A facility owner or operator may designate as its Class B operator a third party (i.e., an individual who is an independent contractor or consultant and is not affiliated with the facility owner or operator) only if that individual also holds a current “B” or “A/B” license and who either is, or is employed by, a licensed Certified Contractor. However, designation of an independent or not affiliated Class B operator in this manner does not also entitle that individual to certification as a Class A operator for a facility.

(c) Class C Operator.

1. Function. A Class C operator of an underground storage tank system, facility is an individual designated by the facility owner, storage tank system owner, or operator who typically controls the dispensing of fuel at the facility and is responsible for initial response to alarms, releases, spills, overfills, or threats to the public or to the environment.

2. Training. Class C operators must be trained in both general and facility-specific emergency response procedures, such as: the operation of emergency shut-off equipment; the initial response procedures following system alarm warnings; the appropriate first response actions to releases, spills, or overfills; and the notification procedures to emergency responders and to the designated Class A and Class B operators of a facility.

(3) Training.

Operator training must fulfill the training requirements described for each class of operator. The following is a list of acceptable approaches to meet the operator training requirements.

(a) Acceptable Training for Class A and Class B Operators.

Class A and Class B operators must complete a Department approved operator training course which provides the information required by subparagraphs 62-761.350(2)(a)2. and 62-761.350(2)(b)2., F.A.C., respectively, and subparagraph 62-761.350(2)(c)2., F.A.C. Courses or processes may include in-person or online training performed by, contracted for, or approved by the Department, and must include an evaluation of operator knowledge through testing or practical demonstration. All providers of operator training courses or processes will also be required to provide training documentation by providing certificates of training to certified operators. Those records will be required to be accessible to the Department on an on-going basis. The Department Secretary or designee shall issue an order granting or denying the request for approval of a Class A or Class B operator training course. This order shall be Agency action, reviewable in accordance with Sections 120.569 and 120.57, F.S.

(b) Acceptable Training for Class C Operators.

1. Class B operators must provide training which provides the information required by subparagraph 62-761.350(2)(c)2., F.A.C., or ensure that the facility’s Class C operators otherwise complete training in emergency procedures. Class C operator training programs may include in-class, hands-on, on-line, or any other training format deemed acceptable by the Class B operator.

2. Class A and Class B operators must ensure that site-specific emergency response procedures are maintained in an easily accessible location at the facility which is immediately available to the Class C operator, and that site-specific notices that include the location of emergency shut-off devices and appropriate emergency contact telephone numbers are posted in a prominent area at the facility that is easily visible to the Class C operator. For the purposes of this subsection, the phrase “easily accessible location” means located in a place and manner that allows a Class C operator quick and immediate access to site-specific emergency response procedures.

(4) Certification.

Operators are considered certified operators after successfully completing one of the training processes listed in paragraph (a), of this subsection.

(a) Class A and Class B Operators. Training providers must provide verification to all Class A and Class B operators who have successfully completed training, in the form of a written or printable electronic training certificate stating the classification and the date it was obtained. Owners and operators must ensure that training certificates are maintained at each facility for inspection by the county or Department.

(b) Class C Operators. A designated Class B operator for a given facility must provide the facility owner or operator with signed and dated written verification in the form of a list of all Class C operators who have been trained for that facility, which includes the date of that training. Owners and operators must ensure that a current and correct list of trained Class C operators is maintained at each facility or electronically provided by the Class A or B operator for inspection by the county or Department.

(5) Deadlines.

(a) By October 13, 2018, owners or operators of underground storage tank system facilities must designate at least one Class A, Class B, and Class C operator for each facility who has completed an approved operator training course.

(b) By October 13, 2018, Class A or Class B operators shall be designated by a facility owner or operator within 30 calendar days of assuming operation and maintenance responsibilities at the facility.

(c) By October 13, 2018, Class C operators shall be designated by a facility owner or operator, prior to assuming unsupervised responsibility for responding to emergencies at the facility.

(6) Retraining. Class A and Class B operators of a facility receiving a Notice of Violation issued by the Department for significant noncompliance, must complete a retraining class or examination within 30 days of receiving the Notice of Violation from the Department. If a facility is cited and the Department determines that the facility is in significant noncompliance, the designated Class A and B operator(s) for that facility must complete retraining. Class A and B operators are not, however, required to attend such training more than once every 12 months, regardless of the number of their designated facilities found in violation. For the purposes of this rule, “significant noncompliance” is defined as the failure to maintain compliance for one or more of the following: release detection, spill containment/overfill protection, construction, or financial responsibility.

(7) Documentation.

Owners and operators of underground storage tank system facilities, except unmanned facilities, must maintain required training certification documentation as described in this rule on-site and must provide it upon request to the county or Department. Documentation may be maintained electronically off-site if that facility has the capability of producing a clear printed copy which can be provided to the Department within 72 hours. Owners and operators of unmanned underground storage tank system facilities must provide documentation as requested by the Department.

History

• Rulemaking Authority 376.30, 376.303 FS. Law Implemented 376.30, 376.303, 376.315, 403.021, 403.061 FS. History–New 8-7-14, Amended 1-11-17.

Fla. Admin. Code R. 62-761.400 Facility Registration

(1) For installations:

(a) For the purposes of this subsection, installation shall mean the date that the storage tank system or system component placement or construction begins

(b) For new facilities, which are facilities that began construction after January 11, 2017, a completed Form 62-761.900(2), Storage Tank Facility Registration Form (Registration Form), effective date, July 2019, hereby adopted and incorporated by reference, shall be submitted in electronic or paper format to the Department no later than 30 days prior to installation. For facilities with existing registered storage tank systems, a completed Registration Form shall be submitted in electronic or paper format to the Department no later than seven days prior to regulated substances being put into any new storage system. The Department encourages the electronic submittal of the Registration Form available online here: http://www.fldepportal.com/go/submit-registration/, or the form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-10736, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(c) A completed Form 62-761.900(5), Underground Storage System Installation and Removal Form for Certified Contractors (Certified Contractors Form), effective date, July 2019, hereby adopted and incorporated by reference, shall be submitted in paper or electronic format to the County no later than 21 days after installation of a storage tank system, storage tank, or integral piping. To obtain copies of this form see Rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-10738, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(2) For change in service status or closure pursuant to Rule 62-761.800, F.A.C.:

(a) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days after completion of the change in service status or closure pursuant to subparagraph 62-761.800(2)(b)6., F.A.C.

(b) A completed Certified Contractors Form shall be submitted to the county in paper or electronic format no later than 21 days after replacement or removal of a storage tank system, including system components in contact with the soil.

(3) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days of the following changes or discovery:

(a) Any change in the account owner, defined as the party responsible for payment of registration fees at the facility location, owner or operator of a facility or of a storage tank system.

(b) Any change or correction in the information reported in the Registration Form. A change within the same blend of regulated substances should not be reported (e.g., regular unleaded to premium unleaded gasoline); and,

(c) The discovery of an unregistered storage tank system.

(4) Registration fees.

(a) Registration fees are due from the account owner for all storage tank systems required to be registered. Registration fees for storage tank systems that have been properly closed in accordance with subsection 62-761.800(2), F.A.C., will no longer be due once any outstanding fees have been paid.

(b) A fee of $50.00 per tank shall be submitted for each initial registration of a storage tank system. The fee shall be paid within 30 days after receipt of an invoice by the Department.

(c) A renewal fee of $25.00 per tank shall be paid to the Department for each storage tank system by July 1 each year.

(d) For new account owners of currently registered storage tank systems, a fee of $25.00 per tank shall be paid to the Department within 30 days of receipt of an invoice from the Department.

(e) A fee of $25.00 per tank shall be paid to the Department for each tank that is replaced. The fee shall be paid within 30 days after receipt of an invoice by the Department.

(f) Late fees. Any payment made more than 30 days after the date it is due is delinquent and the registrant must pay an additional fee of $20.00 for each tank for which the payment is overdue.

(g) Upon receipt of payment of all applicable initial registration fees and annual renewal fees, each facility shall receive a registration placard, pursuant to Section 376.3077, F.S. The placard shall be displayed in plain view in the office, kiosk, or at another suitable location at the facility where the storage tank system is located. Posted on the Department website will be information regarding those motor fuel facilities who have delinquent registration fees. To access this information go to: https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(5) Unless a valid registration placard is displayed in plain view as required by paragraph 62-761.400(4)(f), F.A.C., no motor fuel may be deposited into a storage tank required to be registered pursuant to this rule. Facility owners, operators, and suppliers are each responsible for compliance with this provision. For the purposes of this rule, motor fuels mean petroleum products, including petroleum products blended with biofuels, used for the operation of a motor or engine.

(6) Revocation of Registration Placard.

The Department may revoke a registration placard for noncompliance violation(s) for the failure to:

(a) Install, maintain, and operate leak detection equipment pursuant to Rule 62-761.600, F.A.C.;

(b) Meet storage tank system requirements pursuant to Rule 62-761.500, F.A.C.;

(c) Respond to and abate an ongoing discharge, pursuant to Rule 62-761.440, F.A.C., or

(d) Maintain adequate financial responsibility pursuant to Rule 62-761.420, F.A.C.

The Department shall provide written notice to the owner and operator of the underground storage tank system facility 30 business days prior to denying or revoking a registration placard. Owners of facilities shall give written notice to the Department when such deficiencies are corrected, and the county or Department shall re-inspect the facility, or otherwise determine if the deficiencies have been corrected, within two business days of receiving such notice. The Department shall release revoked registration placards within three business days of the re-inspection, or other confirming activity, if all deficiencies have been corrected to the Department’s satisfaction. The Department shall establish, maintain, and post on its website a list of previously registered facilities that do not have a valid registration placard. This list will not include previously registered facilities for which all storage tank systems have been closed or removed in accordance with Department rules.

(7) Delivery prohibitions.

(a) No owner, operator, or supplier shall deposit any motor fuels into a storage tank system regulated under this chapter unless that owner or operator has a valid, current registration placard issued by the Department covering that storage tank system. For the purposes of this rule, motor fuels mean petroleum products, including petroleum products blended with biofuels, used for the operation of a motor or engine.

(b) It is an affirmative defense to the imposition of an administrative penalty for a violation of paragraph (a) of this subsection, that the owner, operator, or supplier delivering a regulated substance into a storage tank system relied on registration information for the storage tank system obtained from the Department’s website not more than 30 days before the date of delivery.

Editorial Note: Portions of this rule were relocated to Rule 62-761.420, F.A.C., on 1-11-2017.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.3077, 489.133 FS. History–New 12-10-90, Formerly 17-761.400, Amended 9-30-96, 7-13-98, 6-21-04, 8-7-14, 1-11-17, 7-9-19, 6-25-23.

Fla. Admin. Code R. 62-761.405 Notification

(1) For installations:

(a) For the purposes of this subsection, installation shall mean the date that the storage tank system or system component placement or construction will begin.

(b) Notification shall be received by the county in writing or electronic format between 30 and 45 days before installation of a storage tank system or system component unless the county agrees to a shorter time period.

(c) Notification shall also be received by the county in writing or electronic format between 48 and 72 hours prior to the installation work to confirm the date and time of the scheduled activities.

(2) For change in service status and closure:

(a) Notification shall be received by the county in writing or electronic format between 30 and 45 days before the initiation of the work related to the change in service status or closure unless the county agrees to a shorter time period.

(b) Notification shall also be received by the county in writing or electronic format between 48 and 72 hours prior to the initiation of the work to confirm the date and time of the scheduled activities.

(c) A Closure Integrity Evaluation Report Form for USTs 62-761.900(7), (Closure Integrity Report), effective date, October 2019, hereby adopted and incorporated by reference, as prepared in accordance with paragraph 62-761.800(3)(a), F.A.C., must be provided to the county with the notification of closure or change in service from a regulated substance to a non-regulated substance. To obtain copies of this form see Rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-10739, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(d) Notification shall be received by the county in writing or electronic format at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel.

(3) Notification of the discovery of an incident shall be made to the county in writing or electronic format on Form 62-761.900(6), Incident Notification Form (INF), effective date, January 2017, hereby adopted and incorporated by reference, within 72 hours of the discovery or before the close of the County’s next business day; however, an INF need not be submitted if, within 72 hours of discovery, the investigation of the incident in accordance with Rule 62-761.430, F.A.C., confirms that a discharge did or did not occur. To obtain copies of the INF Form see rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-07657, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(4) Except as provided in subsection 62-761.440(5), F.A.C., notification of the discovery of a discharge shall be made to the county in writing or electronic format on Form 62-761.900(1), Discharge Report Form (DRF), effective date, June 2023, hereby adopted and incorporated by reference, within 24 hours of the discovery or before the close of the county’s next business day unless the discovery is a non-petroleum de minimis discharge referenced in rule 62-780.550, F.A.C., or a petroleum or petroleum product de minimis discharge referenced in subsection 62-780.560(1), F.A.C. A de minimis discharge is exempt from the notification requirements as long as the discharge is removed and properly treated or properly disposed, or otherwise remediated pursuant to the applicable provisions of Chapter 62-780, F.A.C. To obtain copies of the DRF Form see Rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-15409, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(5) Facility owners and operators are advised that notice must be provided through the State Watch Office if the discharge is a reportable pollution release as defined by Section 403.077, F.S.

Editorial Note: Portions of this rule were copied from 62-761.450, Formerly 17-761.450, F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.30, 376.303, 403.077 FS. History–New 1-11-17, Amended 10-13-19, 6-25-23.

Fla. Admin. Code R. 62-761.410 Registration Fees

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.410, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.420 Financial Responsibility

(1) Financial responsibility is the ability to pay for cleanup of a discharge and third-party liability resulting from a discharge of petroleum or petroleum product at the facility.

(2) Financial responsibility shall be maintained and demonstrated to the county or Department for all storage tank systems until the storage tank systems are properly closed pursuant to subsections 62-761.800(2) and (3), F.A.C., and the Closure Report or the Limited Closure Report Form for USTs 62-761.900(8), effective date, October 2019, hereby adopted and incorporated by reference, is submitted to and approved by the county or the Department. To obtain copies of Form 62-761.900(8), see Rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-10740, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference. Pursuant to section 376.309(1), F.S., the facility owner is required to establish and maintain evidence of financial responsibility and is liable in event of noncompliance. If the facility owner, facility operator, tank owner, and tank operator are separate persons, then evidence of financial responsibility may be demonstrated if one of those persons obtains financial responsibility on behalf of the facility owner.

(3) The demonstration of financial responsibility for storage tank systems shall be made in accordance with reference guideline Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), Financial Responsibility, 40 CFR Part 280, Subpart H, Financial Responsibility, July 15, 2015, hereby adopted and incorporated by reference and accessible here: Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, N.W., Washington DC 20401-0001, or https://www.flrules.org/Gateway/reference.asp?No=Ref-15341. However, Department Form 62-761.900(3), Financial Mechanisms for Storage Tanks, June 2023, shall be used in lieu of the United States Environmental Protection Agency’s financial wording. Form 62-761.900(3) is hereby adopted and incorporated by reference, and available on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-financial-responsibility or http://www.flrules.org/Gateway/reference.asp?No=Ref-15410.

(4) The appropriate part(s) of Form 62-761.900(3) shall be completed and maintained when demonstrating proof of financial responsibility under this rule, and Form 62-761.900(3) Part P will satisfy the Certification of Financial Responsibility requirements of 40 CFR 280.111(b)(11). Facility owners shall ensure that copies of the current financial responsibility document(s) are available for inspection at the facility where the storage tank system(s) is located or at their place of business. Records kept off-site shall be made available for inspection by the Department or County within five business days from the receipt of the Department’s or county’s request. Facility owners are required to maintain evidence of financial responsibility mechanisms in accordance with paragraph 62-761.710(3)(h), F.A.C., and are encouraged to maintain all correspondence associated with coverage and claims.

(5) Financial requirements for the purpose of this rule, regardless of the date of installation of storage tank systems, shall comply with this rule.

(6) Notwithstanding the facility owner’s financial responsibility status, those persons specified in Sections 376.308(1), and 403.141 and 403.161, F.S., shall be liable for any discharge at the facility.

(7) Financial responsibility mechanisms may not include choice of law and venue in favor of jurisdictions other than Florida.

(8) Government-owned facilities demonstrating proof of financial responsibility using a financial test or government fund must prepare the relevant parts of Form 62-761.900(3), within 180 days after the close of each succeeding fiscal year.

Editorial Note: Portions of this rule were copied from Rule 62-761.400, F.A.C., on 1-11-2017.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.308, 376.309, 403.091, 403.141, 403.161 FS. History–New 1-11-17, Amended 10-13-19, 6-25-23.

Fla. Admin. Code R. 62-761.430 Incidents

(1) Incidents include:

(a) The following positive responses of release detection devices or methods described in Rule 62-761.600, F.A.C.:

1. Any visual observation of regulated substances in a piping or dispenser sump,

2. Any alarm that indicates that liquid, vacuum, or pressure monitoring levels are not being maintained, or that liquid has been detected by a sensor in a normally dry interstice or a dispenser, piping or containment sump,

3. Any visual observation that indicates that liquid monitoring levels are not being maintained,

4. Any complete loss of vacuum or a 50 percent change in pressure from one month to the next, or any change in pressure exceeding 50 percent of the initial level or of a pressure level that is reestablished at the time of an incident investigation or annual testing of the gauge,

5. Any visual inspection that indicates the presence of groundwater or surface water, other than condensate, or regulated substances in the interstice,

6. Any instance where a mechanical line leak detector is restricting flow,

7. Any instance where an electronic line leak detector has shut off power to the pump,

8. Any instance where a monitoring device has shut off the pump,

9. Liquid in excess of one inch in an out-of-service storage tank; and,

10. Any visual inspection of any part of a storage tank system, dispenser, pipe, valve, pump, or other wetted portion of the system containing regulated substances that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar programs.

(b) A failed integrity test for the following components:

1. Double-walled storage tanks,

2. Double-walled integral piping,

3. Piping sumps,

4. Dispenser sumps; and,

5. Spill containment systems.

(c) Other unusual operating conditions, such as the erratic behavior of product dispensing equipment, the sudden loss of product from a storage tank system, or any unexplained presence of groundwater or surface water in a tank or an interstitial space;

(d) The presence of odors of a regulated substance from surface water or groundwater, soil, basements, sewers and utility lines at a facility or in the surrounding area from which it could be reasonably concluded that a release or discharge may have occurred;

(e) The loss of a regulated substance from a storage tank system exceeding 100 gallons on impervious surfaces, other than secondary containment, such as driveways, airport runways, or other similar asphalt or concrete surfaces, provided that the loss does not come in contact with pervious surfaces; and,

(f) A failed Closure Integrity Evaluation.

(2) If an incident occurs at a facility, actions shall be taken within 24 hours of discovery to investigate the incident to determine if a discharge has occurred.

(3) Notification of the discovery of any incident shall be made to the county in writing or electronic format on an INF within 72 hours of the discovery or before the close of the county’s next business day. However, an INF is not required to be submitted if, within 72 hours of discovery, the investigation of the incident confirms that a discharge did or did not occur.

(4) In cases where an INF is required to be submitted, the investigation shall be completed within 14 days of the date of discovery of the incident to determine if a discharge has occurred. Incident investigations that require additional time can be extended with the prior written approval of the Department or county.

(5) At the end of the 14 day time period to investigate the incident, or at the end of the alternate time period approved by the Department or county, either a DRF or a written confirmation and explanation that the incident was not a discharge, including documentation showing that contamination is the manifestation of a previously reported discharge, shall be submitted to the county in writing or electronic format.

(6) The removal of any release of regulated substance into secondary containment shall be initiated within three days of discovery, and completed within 30 days of discovery.

(7) If a discharge is discovered at any time during the incident investigation, the discharge shall be reported on a DRF within 24 hours of discovery, or before the close of the next business day, and a discharge response shall be initiated in accordance with subsection 62-761.440(6), F.A.C.

(8) All incidents, as identified in subsection 62-761.430(1), F.A.C., regardless of whether an INF is required to be submitted, shall be documented and records kept until storage tank system closure in accordance with Rule 62-761.710, F.A.C. Test results or reports, which support the investigation findings, shall be maintained as records.

Editorial Note: Portions of this rule were copied from Rule 62-761.820, Formerly 17-761.820, F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 1-11-17, Amended 7-9-19.

Fla. Admin. Code R. 62-761.440 Discharges

(1) Discharges include:

(a) Laboratory analytical results of surface water or groundwater samples indicating the presence of contamination by regulated substance contaminants of concern listed in Table B in Chapter 62-780, F.A.C., that exceed the groundwater or surface water Cleanup Target Levels in Chapter 62-777, F.A.C.;

(b) Laboratory analytical results of soil samples indicating the presence of contamination by regulated substance contaminants of concern listed in Table B in Chapter 62-780, F.A.C., that exceed the lower of direct exposure residential or leachability based on groundwater criteria cleanup target levels in Chapter 62-777, F.A.C.;

(c) The presence of free product, a visible sheen, sludge, or emulsion of a regulated substance, or a regulated substance that is visibly observed in soil, on or in surface water, in groundwater samples, on basement floors, in open drainage ditches, in open excavations or trenches, in subsurface utility conduits or vaults, or in sewer lines at the facility; and,

(d) A spill or overfill of a regulated substance to a pervious surface, except as provided in subsection 62-761.440(5), F.A.C.

(2) Upon discovery of a discharge, the owner or operator shall report the discharge to the county on a DRF within 24 hours or before the close of the county’s next business day. If, however, this discovery is thought to be a previously reported discharge, the owner or operator will have 30 days to investigate and submit supporting documentation or a DRF.

(3) Copies of laboratory analytical results that confirm a discharge shall be submitted to the county within 24 hours of receipt of the results or before the close of the next business day in writing or electronic format.

(4) A request for a retraction of a submitted DRF shall be submitted to the county or the Department in writing or electronic format if evidence is presented that a discharge did not occur at the facility.

(5) A DRF does not need to be submitted:

(a) For a discharge that was previously reported to the appropriate county or the Department on a DRF;

(b) For petroleum or petroleum product de minimis discharges in accordance with subsection 62-780.560(1), F.A.C., or

(c) For non-petroleum de minimis discharges in accordance with Rule 62-780.550, F.A.C.

(6) Discharge response. When evidence of a discharge from a storage tank system is discovered, the following actions shall be taken:

(a) Fire, explosion, and vapor hazards shall be identified and mitigated;

(b) Actions shall be taken immediately to contain, remove, and abate the discharge under all applicable Department rules (e.g., Chapter 62-780, F.A.C., Contaminated Site Cleanup Criteria). Owners and operators are advised that other federal, state, or local requirements apply to these activities. If the contamination present is subject to the provisions of Chapter 62-780, F.A.C., corrective action, including free product recovery, shall be performed in accordance with Chapter 62-780, F.A.C.;

(c) Each component of the storage tank system shall be integrity tested within three days of discovery of the discharge if the source or cause of the discharge is unknown unless the storage tank system has been properly placed out-of-service in accordance with subsection 62-761.800(1), F.A.C.;

(d) The storage tank system component that is discharging shall be isolated from the system within three days of discovery of the discharge. If the component cannot be isolated from the system, within three days of determining that the component is discharging, the storage tank system shall not operate, dispense, nor accept deliveries, or shall be placed out-of-service in accordance with Rule 62-761.800, F.A.C., until the component can be repaired or replaced;

(e) If the storage tank system component that was found to be discharging will be repaired, it shall be repaired in accordance with Rule 62-761.700, F.A.C.;

(f) If the storage tank system component that was found to be discharging will be replaced, it shall meet the storage tank system requirements in accordance with Rule 62-761.500, F.A.C.; and,

(g) If the storage tank system component that was found to be discharging will not be repaired or replaced, the component shall remain isolated from the storage tank system. In cases where the component cannot be isolated from the storage tank system, the system shall remain out-of-service or shall be closed in accordance with Rule 62-761.800, F.A.C.

Editorial Note: Portions of this rule were copied from Rule 62-761.820, Formerly 17-761.820, F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 1-11-17.

Fla. Admin. Code R. 62-761.450 Notification and Reporting

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.450, Amended 9-30-96, 7-13-98, 6-21-04, Repealed 1-11-17.

Fla. Admin. Code R. 62-761.460 Reporting

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.450, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.480 Financial Responsibility

History

• Rulemaking Authority 376.303, 376.309 FS. Law Implemented 376.303, 376.309 FS. History–New 12-10-90, Formerly 17-761.480, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.500 Storage Tank System Requirements

(1) General requirements.

(a) Wellhead Protection. Persons are advised that Chapter 62-521, F.A.C., contains restrictions regarding the location of storage tank systems within 500 feet of a potable water well.

(b) Secondary containment.

1. The materials used for secondary containment shall be:

a. Impervious to the regulated substance being stored in the storage tank system and able to withstand deterioration from external environmental conditions,

b. Non-corrosive or of corrosion-protected materials or technologies; and,

c. Of sufficient thickness and strength to withstand hydrostatic forces at maximum capacity to prevent a discharge.

2. For cathodically protected tanks and integral piping, secondary containment systems shall not interfere with the operation of the cathodic protection system.

3. Secondary containment systems shall be designed and installed to direct any release to a monitoring point or points.

4. If factory-made single-walled spill containment systems or single-walled sumps are installed on the system, a containment integrity test shall be performed before the component is placed into service in accordance with the manufacturer’s testing requirements. For system components without manufacturer containment integrity testing specifications, PEI/RP1200-19, 2019 Edition shall be used. PEI RP1200-19 is the Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, or the publisher’s website at www.pei.org/. For field-fabricated components the tests shall be at least for 24 hours in accordance with manufacturer’s requirements.

5. An interstitial integrity test shall be performed on the storage tank after it is delivered and installed at the facility and before the storage tank is placed into service. This test shall be performed in accordance with manufacturer’s requirements. For storage tanks without manufacturer’s interstitial integrity testing specifications, PEI/RP100-20, 2020 Edition shall be used. PEI/RP100-20 is hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, or the publisher’s website at www.pei.org/: Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-20, 2020 Edition; and PEI/RP1200-19, 2019 Edition.

6. An interstitial integrity test shall be performed on integral piping in accordance with PEI/RP100-20, 2020 Edition, and PEI/RP1200-19, 2019 Edition, before the integral piping is placed into service.

7. If double-walled spill containment systems or double-walled sumps are installed on the system, an interstitial integrity test shall be performed in accordance with the manufacturer’s testing requirements. For system components without manufacturer interstitial integrity testing specifications, PEI/RP1200-19, 2019 Edition shall be used before the component is placed into service.

(c) Cathodic protection.

1. Test stations. Cathodic protection systems shall be designed, constructed, and installed with test stations in accordance with NACE standards contained in paragraph 62-761.210(2)(f), F.A.C. Cathodic protection test stations shall provide direct access to the soil electrolyte in close proximity to each cathodically protected structure for placement of reference electrodes, and monitoring wires that connect directly to cathodically protected structures. Facilities where direct access to soil in close proximity to cathodically protected structures is present, and where electrical connections to cathodically protected structures can be conveniently accomplished, need not have separate dedicated cathodic protection test stations.

2. The cathodic protection system shall be operated and maintained in accordance with subsection 62-761.700(2), F.A.C.

3. Any field-installed cathodic protection system shall be designed and installed by or under the direction of a Corrosion Professional.

4. Cathodic protection is not required for any field-fabricated primary storage tank that has been installed within a former single-walled storage tank as a means to upgrade to secondary containment. However, the former single-walled storage tank, which has now become the secondary containment must be protected from corrosion.

5. Supplemental anodes that are added to a sti-P3® tank after, January 11, 2017, shall be installed in accordance with the following document, regardless of the date of installation of the storage tank system or storage tank system component: Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs, STI R972, Revised December 2010, hereby adopted and incorporated by reference, and available from the publisher at STI, 944 Donata Court, Lake Zurich, Illinois 60047, (847)438-8265, or from the publisher’s website at https://www.steeltank.com/, or the Department address located in subsection 62-761.210(1), F.A.C.

(d) Compatibility. The primary and secondary walls of storage tank systems shall be made of, or internally lined with materials that are compatible with, the regulated substance stored in the storage tank systems and with substances or conditions present in the environment. All storage tank systems containing blends of ethanol, biodiesel, or other biofuels and additives shall be compatible with the regulated substances stored in the storage tank systems. Storage tank systems and system components containing ethanol blends greater than 10 percent or biodiesel blends greater than 20 percent must demonstrate compatibility through registration of the storage tank system and system components in accordance with subsection 62-761.850(2), F.A.C.

(e) All components of a storage tank system shall be installed in accordance with the manufacturer’s instructions.

(f) All storage tank systems shall be installed in accordance with the following reference guidelines, hereby adopted and incorporated by reference and, as copyright protected documents, are available for inspection at the Department of Environment Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C.:

1. Installation of Underground Petroleum Storage Systems, API Recommended Practice 1615, (R.2020), 6th Edition, April 2011. To obtain this reference from the publisher, see paragraph 62-761.210(2)(b), F.A.C.;

2. Flammable and Combustible Liquids Code, Storage of Liquids in Tanks – Underground Tanks, Chapter 23 of NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-761.300(2)(v), F.A.C. To obtain this reference from the publisher, see paragraph 62-761.210(2)(g), F.A.C.;

3. Code for Motor Fuel Dispensing Facilities and Repair Garages, NFPA 30A, 2021 Edition. To obtain this reference from the publisher, see paragraph 62-761.210(2)(g), F.A.C.;

4. Process Piping, ASME B31.3, 2020 Edition. To obtain this reference from the publisher, see paragraph 62-761.210(2)(c), F.A.C.; and

5. Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-20, 2020 Edition. To obtain this reference from the publisher, see paragraph 62-761.210(2)(j), F.A.C.

(g) Storage tanks with field-fabricated internal secondary containment shall be installed in accordance with the following manufacturer’s specifications, hereby adopted and incorporated by reference and, as copyright protected documents, are available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C.:

1. Outline of Investigation for Underground Fuel Tank Internal Retrofit Systems, UL 1856, June 2020, 2nd Edition. To obtain this reference from the publisher, see paragraph 62-761.210(2)(m), F.A.C.; and,

2. NLPA Standard 631, Chapters A and B, 1991. To obtain this reference from the publisher, see paragraph 62-761.210(2)(i), F.A.C.

(h) If the installation of the storage tank system component disturbs the backfill, or where the integral piping is connected or disconnected during installation, a Certified Contractor shall perform the installation of storage tank systems containing pollutants, including: tanks, integral piping (excluding drop tubes), overfill protection and spill containment equipment, internal release detection equipment, cathodic protection systems, secondary containment systems, and dispensers.

(i) Whenever storage tanks or integral piping are installed or relocated after January 11, 2017, a survey drawing of installed tanks and underground integral piping signed and sealed by a professional land surveyor or professional engineer licensed in the state of Florida, shall be completed and maintained as a record in accordance with Rule 62-761.710, F.A.C. The survey drawing of the work completed, along with any changes made to the original specifications during the construction process, shall include all construction and equipment design specifications including exact dimensions, geometry and locations of the storage tanks or integral piping installed. Surveys are not required for tanks that are retrofitted with internal secondary containment.

(2) Storage tank installation.

(a) All storage tanks at a facility shall have secondary containment and shall be constructed or installed to provide for interstitial monitoring of the entire storage tank.

(b) Fiberglass reinforced plastic double-walled tanks shall be constructed in accordance with the following document: Standard for Fibre Reinforced Underground Tanks for Flammable and Combustible Liquids (formerly Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures), UL/ULC 1316, January 1994, Revised November 2018, 3rd Edition, available from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847)272-8800, or from the publisher’s website at www.ul.com/, or the Department address listed in subsection 62-761.210(1), F.A.C.; or these tanks shall be certified by a Nationally Recognized Testing Laboratory that these requirements are met, and registered in accordance with subsection 62-761.850(2), F.A.C.

(c) Cathodically protected double-walled steel tanks shall be registered in accordance with subsection 62-761.850(2), F.A.C., and shall be:

1. Constructed in accordance with the following documents: Steel Underground Tanks for Flammable and Combustible Liquids, UL 58, July 1998, Revised January 2018, 10th Edition, and External Corrosion Protection Systems for Steel Underground Storage Tanks, UL 1746, January 2007, Revised December 2014, 3rd Edition, hereby adopted and incorporated by reference, and are available from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847)272-8800, or from the publisher’s website at www.ul.com/, or the Department address listed in subsection 62-761.210(1), F.A.C.;

2. Constructed in accordance with the following document: sti-P3® Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks, sti-P3®, Revised May 2018, Steel Tank Institute (STI), hereby adopted and incorporated by reference, and is available from the publisher at STI, 944 Donata Court, Lake Zurich, Illinois 60047, (847)438-8265, or from the publisher’s website at https://www.steeltank.com/, or the Department address listed in subsection 62-761.210(1), F.A.C.;

3. Constructed in accordance with reference document STI R972, Revised December 2010, incorporated by reference in subparagraph 62-761.500(1)(c)5., F.A.C., or

4. Certified by a Nationally Recognized Testing Laboratory for any field-installed cathodic protection system, that these requirements are met, constructed, and designed by a Corrosion Professional in accordance with the following document: External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE Standard SP0285-2021, 2021 Edition, hereby adopted and incorporated by reference, and is available from the publisher at AMPP (The Association for Materials Protection and Performance, formerly NACE International), AMPP, 15835 Park Ten Place, Houston, Texas 77084, (800)797-6223, or the publisher’s website at https://www.ampp.org/home. Copyright protected documents are available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C.

(d) Double-walled steel tanks coated with fiberglass reinforced plastic shall be constructed in accordance with UL 58, July 1998, Revised January 2018, UL 1746, January 2007, Revised December 2014, and Specification for External Corrosion Protection of FRP Composite Steel USTs – ACT-100®, STI F894, Revised May 2018, or these tanks shall be certified by a Nationally Recognized Testing Laboratory that these requirements are met, and registered in accordance with subsection 62-761.850(2), F.A.C. STI F894, Revised May 2018, is hereby adopted and incorporated by reference, and available from the publisher at STI, 944 Donata Court, Lake Zurich, Illinois 60047, (847)438-8265, or from the publisher’s website at https://www.steeltank.com/, or the Department address listed in subsection 62-761.210(1), F.A.C.

(e) Jacketed steel tanks shall be constructed in accordance with UL 1746, January 2007, Revised December 2014, or certified by a Nationally Recognized Testing Laboratory that these requirements are met, and registered in accordance with subsection 62-761.850(2), F.A.C.

(f) Double-walled storage tanks that meet the above performance requirements, or other double-walled storage tanks that are constructed of equivalent material, design, or corrosion protection shall be registered with the Department in accordance with subsection 62-761.850(2), F.A.C.

(g) Tanks shall be installed to allow for release detection in accordance with Rule 62-761.600, F.A.C.

(h) Double-walled storage tanks that have been removed and that are to be reinstalled at a different location shall:

1. Be recertified that all original warranties are confirmed by the original manufacturer or the manufacturer’s successor, and be reinstalled in accordance with the requirements in this subsection, or

2. Be recertified by a professional engineer licensed in the state of Florida that the storage tank meets all applicable requirements of this subsection; and,

3. Show proof of recertification which shall be provided to the Department and county prior to the start of installation. The storage tank shall be re-registered in accordance with subsection 62-761.400(1), F.A.C.

(3) Integral piping.

(a) All integral piping, including remote fill piping that is in contact with the soil, shall have secondary containment, with the exception of vertical fill piping.

(b) All integral piping that transports regulated substances over surface waters of the state shall have secondary containment and shall be UV rated if exposed to sunlight if made of non-metallic materials, and shall be registered in accordance with subsection 62-761.850(2), F.A.C., if made of non-metallic materials.

(c) All integral piping that is not in contact with the soil shall meet the construction requirements in subparagraphs 62-761.500(3)(d)2. through 5., F.A.C., shall be UV rated if exposed to sunlight if made of non-metallic materials, and shall be registered in accordance with subsection 62-761.850(2), F.A.C., if made of non-metallic materials.

(d) Construction requirements.

1. Fiberglass reinforced plastic integral piping or other non-metallic double-walled integral piping installed in contact with the soil at a facility shall meet the requirements of Nonmetallic Underground Piping for Flammable Liquids, UL 971, May 2021, 2nd Edition, or shall be certified by a Nationally Recognized Testing Laboratory that these requirements are met, and registered in accordance with subsection 62-761.850(2), F.A.C. UL 971, May 2021, 2nd Edition, is hereby adopted and incorporated by reference, and is available from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847)272-8800, or from the publisher’s website at www.ul.com/. Copyright protected documents are available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C.

2. Coated steel double-walled integral piping shall be constructed in accordance with ASME B31.3, 2020 Edition, incorporated by reference in subparagraph 62-761.500(1)(f)4., F.A.C. In addition, steel integral piping in contact with the soil shall be cathodically protected in accordance with the following documents: Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, API Recommended Practice 1632, (R2010) 3rd Edition, May 1996, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the publisher at API, 1220 L Street, N.W., Washington, D.C. 20005, (202)682-8000, or the publisher’s website at http://www.api.org/; Control of External Corrosion on Underground or Submerged Metallic Piping Systems, NACE Standard SP0169-2013 (formerly RP0169), 2013 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the publisher at AMPP (The Association for Materials Protection and Performance, formerly NACE International), AMPP, 15835 Park Ten Place, Houston, Texas, (800)797-6223, or the publisher’s website at https://www.ampp.org/home; and Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, STI R892, Revised January 2006, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the publisher at Steel Tank Institute (STI), 944 Donata Court, Lake Zurich, Illinois 60047, (847)438-8265, or from the publisher’s website at https://www.steeltank.com/.

3. Metallic double-walled integral piping constructed of nonferrous materials, such as copper, does not require cathodic protection and shall be constructed in accordance with the requirements in Chapter 27 of NFPA 30, 2021 Edition, Flammable and Combustible Liquids Code, Piping Systems, incorporated by reference in paragraph 62-761.300(2)(v), F.A.C.

4. Metallic single-walled vertical fill piping does not require cathodic protection and shall be constructed in accordance with the requirements in Chapter 27 of NFPA 30, 2021 Edition, Flammable and Combustible Liquids Code, Piping Systems, incorporated by reference in paragraph 62-761.300(2)(v), F.A.C.

5. Integral double-walled piping constructed of other materials, design, or corrosion protection shall be registered with the Department in accordance with subsection 62-761.850(2), F.A.C.

(e) Integral piping shall be installed with a slope to a low point monitoring system to allow for release detection in accordance with Rule 62-761.600, F.A.C.

(f) Pressurized integral piping systems connected to dispensers shall be installed with shear valves or emergency shutoff valves in accordance with Section 6.3 of NFPA 30A, 2021 Edition, Code for Motor Fuel Dispensing Facilities and Repair Garages, Requirements for Dispensing Devices, incorporated by reference in subparagraph 62-761.500(1)(f)3., F.A.C. These valves shall be designed to close automatically if a dispenser is displaced from its normal position. The valves shall be rigidly anchored independently of the dispenser. The valves shall be tested in accordance with PEI/RP1200-19, 2019 Edition, incorporated by reference in subparagraph 62-761.500(1)(b)4., F.A.C., at the time of installation by a certified contractor to confirm that the automatic closing function of the valve operates properly and that the valve is properly anchored.

(g) All storage tank systems located at an elevation that produces a gravity head on integral piping positioned below the product level in the storage tank must be installed and maintained with an isolation block valve in accordance with Chapter 22.13 of NFPA 30, 2021 Edition, Flammable and Combustible Liquids Code, Tank Openings Other Than Vents, incorporated by reference in paragraph 62-761.300(2)(v), F.A.C., and located as close as practical to the storage tank, regardless of the date of installation of the storage tank system. In addition, anti-siphon valves shall be installed and maintained in accordance with Section 11.2 of NFPA 30A, 2021 Edition, Code for Motor Fuel Dispensing Facilities and Repair Garages, Marine Fueling – Storage, regardless of the date of installation of the storage tank system. NFPA 30A, 2021 Edition, is incorporated by reference in subparagraph 62-761.500(1)(f)3., F.A.C.

(h) Pressurized integral piping systems connected to dispensers shall be installed with a method of leak detection that can detect a leak within one hour, and can include a mechanical line-leak detector or an electronic line leak detector, or another device registered in accordance with subsection 62-761.850(2), F.A.C.

(i) Storage tank systems using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62-761.850(2), F.A.C., shall be designed and installed under the direction of a Corrosion Professional.

(j) Bulk product piping, on-site integral piping with an internal diameter greater than three inches utilized for transporting regulated substances, associated with underground storage tank systems shall meet the bulk product piping requirements in Chapter 62-762, F.A.C., Aboveground Storage Tank Systems, pursuant to subsection 62-762.502(4), F.A.C., hereby adopted and incorporated by reference.

(4) Spill containment systems.

(a) Storage tank systems shall be installed with a spill containment system at each tank fill connection meeting the performance requirements of paragraph 62-761.500(1)(b), F.A.C., and registered in accordance with subsection 62-761.850(2), F.A.C.

(b) Fillbox covers.

1. Effective June 25, 2024, regardless of the date of installation of the storage tank system, fillbox covers shall be marked or the fill connection tagged, and facility signage shall be prominently displayed in accordance with the following document, hereby adopted and incorporated by reference: Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing and Storage Facilities and Distribution Terminals, API Recommended Practice 1637, 4th Edition, April 2020. API 1637 is copyright protected and available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the American Petroleum Institute information provided in paragraph 62-761.210(2)(b), F.A.C.

2. For aviation facilities, regardless of the date of installation of the storage tank system, fillbox covers shall be marked or the fill connection tagged, and facility signage shall be prominently displayed in accordance with the following document, hereby adopted and incorporated by reference Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fuelling Equipment, EI 1542, 9th Edition, July 2012. EI 1542 is copyright protected and available for inspection at the of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or the Energy Institute information provided in paragraph 62-761.210(2)(d), F.A.C.

3. An equivalent method may also be approved by the Department using an alternative procedure in accordance with subsection 62-761.850(1), F.A.C.

(c) Single-walled spill containment systems shall be installed to allow for release detection in accordance with Rule 62-761.600, F.A.C.

(d) Double-walled spill containment systems shall be installed to allow for interstitial monitoring in accordance with Rule 62-761.600, F.A.C.

(5) Dispensers and dispenser sumps.

(a) The dispensers used for transferring fuels from storage tanks to vehicles or portable containers shall be installed and maintained in accordance with the provisions of NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-761.300(2)(v), F.A.C., and Chapter 6, Fuel Dispensing Systems; Chapter 9, Operational Requirements; and Chapter 11, Code for Motor Fuel Dispensing Facilities and Repair Garages, Marine Fueling of NFPA 30A, 2021 Edition.

(b) Dispensers shall be installed with a dispenser sump meeting the performance requirements of paragraph 62-761.500(1)(b), F.A.C., and registered in accordance with subsection 62-761.850(2), F.A.C. The dispenser sump shall extend beneath the union of the integral piping and the dispenser, including the shear valve, if applicable.

(c) Dispenser sumps shall be installed to allow for release detection in accordance with Rule 62-761.600, F.A.C. The dispenser sump shall be capable of containing a release for the entire area beneath the dispenser.

(6) Piping sumps.

(a) Piping sumps shall meet the performance requirements of paragraph 62-761.500(1)(b), F.A.C., and be registered in accordance with subsection 62-761.850(2), F.A.C. The sumps shall be designed, constructed, and installed to minimize water entering the sump.

(b) Piping sumps shall be installed to allow for release detection in accordance with Rule 62-761.600, F.A.C.

(7) Overfill protection.

(a) Owners or operators shall ensure that the volume available in the storage tank is greater than the volume of regulated substances to be transferred to the storage tank before the transfer is made and shall ensure that any transfer is repeatedly monitored to prevent overfilling and spilling, and no storage tank shall be filled beyond 95 percent capacity.

(b) Storage tank systems shall be equipped with an overfill device that meets one of the following:

1. Automatically shuts off flow to the storage tank when the storage tank is no more than 95 percent full;

2. Restricts flow to the storage tank when the storage tank is no more than 90 percent full and does not fill the storage tank beyond 95 percent capacity. Flow restrictors, such as ball float valves, used in vent lines may not be used when overfill protection is installed or replaced after January 11, 2017. Flow restrictors installed before January 11, 2017, may only be used if the storage tank system meets the requirements of Section 7 of PEI/RP100-20, 2020 Edition, Recommended Practices for Installation of Underground Liquid Storage Systems, UST Overfill Equipment Verification, Inspection and Testing incorporated by reference in subparagraph 62-761.500(1)(b)5., F.A.C.; or,

3. Alerts the transfer operator when the tank is no more than 90 percent full by triggering an alarm that is visible, audible, or both, and the transfer operator is to ensure the tank is not filled beyond 95 percent capacity.

(c) Effective October 13, 2019, owners and operators shall:

1. Designate a primary overfill protection device used to meet the requirements in paragraph 62-761.500(7)(b), F.A.C., and any additional overfill devices shall not interfere with the designated primary device; and,

2. Ensure the designated primary overfill protection device is registered pursuant to registration of storage tank system equipment and release detection systems and methods, subsection 62-761.850(2), F.A.C.

(d) All overfill protection devices shall be tested for operability at installation and test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-761.710, F.A.C.

(e) An annual operability test shall be performed on the designated primary overfill protection device used to meet the Department’s overfill protection requirement at intervals not exceeding 12 months to ensure proper operation and test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-761.710, F.A.C. An annual operability test will be deemed timely if performed within the same calendar month in which the test is due.

(f) Storage tank systems with capacities of 2,000 gallons or less that do not receive delivery by a mated (joined) tight fill adaptor connection of the delivery hose to the tank riser may use calibrated stick measurements for overfill protection, and are not required to be equipped with one of the devices specified in paragraph 62-761.500(7)(b), F.A.C., provided that an inches to gallons tank chart is posted at the tank fill area or readily available to the delivery driver. Such tanks shall not be filled beyond 95 percent capacity.

(g) Used oil tanks that receive less than 25 gallons at one time are not required to have overfill protection.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Amended 5-4-92, Formerly 17-761.500, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 10-13-19, 6-25-23.

Fla. Admin. Code R. 62-761.510 Performance Standards for Category-A and Category-B Storage Tank Systems

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303-.3072 FS. History–New 12-10-90, Amended 5-4-92, Formerly 17-761.510, Amended 9-30-96, 7-13-98, 6-21-04, Repealed 1-11-17.

Fla. Admin. Code R. 62-761.520 Performance Standards for Other Existing Petroleum and Petroleum Product Storage Tank Systems (Non-Vehicular Fuels)

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Amended 5-4-92, Formerly 17-761.520, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.550 Performance Standards for New Hazardous Substance Storage Tank Systems

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.550, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.560 Performance Standards for Existing Hazardous Substance Storage Tank Systems

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.460, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.600 Release Detection Requirements

(1) General requirements.

(a) Storage tank systems shall have a method, or combination of methods, of release detection that can detect a new release from any portion of the storage tank system.

(b) For any storage tank system without a method, or combination of methods, of release detection in accordance with this rule, the owner or operator shall immediately provide a method of release detection, or shall immediately empty and place the storage tank system out-of-service, or close the storage tank system in accordance with subsection 62-761.800(2), F.A.C.

(c) Any component of a storage tank system with an interstice shall have a method of interstitial monitoring which shall be conducted in accordance with this rule. Interstitial monitoring can be performed with vacuum, pressure, hydrostatic (liquid-level sensing), sensors or probes, and visual release detection methods.

(d) Except as otherwise specified in this rule, the release detection method or combination of methods used at a facility shall be performed at least once every calendar month, but not exceeding 35 days, to determine if a release from the storage tank system has occurred.

(e) Visual inspections. At least once a month, but not exceeding 35 days, every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances that can be inspected visually shall be visually inspected and documented as to its condition pursuant to Rule 62-761.710, F.A.C. Any visual inspection of a storage tank system that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems is considered a positive response. The positive response shall be recorded as part of the release detection records. Repairs shall be made in accordance with Rule 62-761.700, F.A.C. The positive response shall be reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C., if it is determined that a release has occurred. A monthly visual inspection is not required for any system component using an electronic release detection method; however, piping and dispenser sumps that use an electronic release detection method must also be visually inspected every six months and records kept of the visual inspection.

(f) Electronic and mechanical release detection devices shall be:

1. Installed, calibrated, operated, and maintained in accordance with the manufacturer’s instructions and shall be designed and installed to provide service checks for operability to ensure that the device is functioning in accordance with subsection 62-761.700(3), F.A.C.; and,

2. Registered in accordance with subsection 62-761.850(2), F.A.C., except controllers or annunciators that are used to display leak detection test results are not required to be registered.

(g) Electronic release detection devices shall be inspected for proper operation at least once every calendar month, but not exceeding 35 days. A record or summary of the alarm history, sensor status, and testing results related to potential releases shall be printed from any electronic release detection device and kept, or be provided to the county or Department upon request through electronic documentation. If the release detection system is not capable of printing records, a manual log shall be maintained of the alarm history, sensor status, and testing results.

(h) Release detection shall be constructed and installed so that groundwater, rainfall, or soil moisture will not render the release detection method used inoperable.

(i) Storage tank systems that store fuel solely for use by emergency power generators installed prior to January 11, 2017, must meet the release detection requirements of Rule 62-761.600, F.A.C., on or before October 13, 2018. Storage tank systems that store fuel solely for use by emergency power generators installed after January 11, 2017, must meet the release detection requirements of Rule 62-761.600, F.A.C., at installation.

(2) Storage Tanks.

(a) One or more of the following release detection methods shall be used:

1. Liquid level monitoring systems with electronic hydrostatic sensors. This method shall be able to detect incidents by determining changes in liquid levels within the interstice and monitoring reservoir and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if liquid levels cannot be maintained. Any alarm that indicates that liquid levels are not being maintained is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C.

2. Vacuum monitoring. This method shall be able to detect incidents by determining changes in vacuum levels within the interstice by continuous monitoring of vacuum levels and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if vacuum levels cannot be maintained. Any alarm that indicates that vacuum levels are not being maintained is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C.

3. Pressure monitoring. This method shall be able to detect incidents by using an inert gas and determining changes in pressure levels within the interstice by continuous monitoring of pressure levels and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if pressure levels cannot be maintained. Any alarm that indicates that pressure levels are not being maintained is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C.

4. Electronic sensors in a normally dry interstice. This method shall be able to detect the presence of liquid, other than condensate, in the interstice or monitoring low point and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if liquid is detected. Any alarm that indicates the presence of liquid is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C.

5. Visually inspected liquid level monitoring systems. This method shall be able to detect incidents by determining changes in liquid levels within the interstice and monitoring reservoir. Any visual observation that indicates that liquid levels are not being maintained is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C.

6. Visually inspected vacuum or pressure monitoring with gauges. This method shall be able to detect incidents by determining changes in vacuum or pressure levels within the interstice.

a. Pressure readings shall be able to detect a 50 percent change from one month to the next, or any change in pressure exceeding 50 percent of the initial level or of a pressure level that is reestablished at the time of an incident investigation or annual testing of the gauge, and for vacuum systems, any complete loss of vacuum or positive pressure reading. Vacuum or pressure refreshment must be performed in accordance with manufacturer’s specifications and the system’s equipment registration in subsection 62-761.850(2), F.A.C. Any change indicated above is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C.

b. Liquid-filled gauges shall be calibrated using NIST traceable standards prior to initial operation, hereby adopted and incorporated by reference. Information is available at National Institute of Standards and Technology, 100 Bureau Drive, Stop 1070, Gaithersburg, Maryland 20899-1070, (301)975-6478, or the organization’s website at http://www.nist.gov/index.html. This reference guideline is located in paragraph 62-761.210(2)(h), F.A.C.

7. Visual monitoring of normally dry interstices. This method shall be able to detect the presence of liquid at a low point of the interstice. Any presence of groundwater or surface water, other than condensate, or regulated substances in the interstice is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C.

8. Visual monitoring of liners. This method shall be able to detect the presence of liquid at a low point of the liner. The accumulation of water or condensation in the low point of the liner shall not interfere with the ability to detect regulated substances. Any unexplained presence of regulated substances in the liner is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C.

(3) Integral piping with secondary containment.

(a) One or more of the release detection methods in subsection 62-761.600(2), F.A.C., shall be used.

(b) In addition, pressurized integral piping in contact with the soil shall be equipped with a release detection system that can detect a leak within one hour. One of the following methods shall be used:

1. Mechanical line leak detectors. Mechanical line leak detectors shall be capable of detecting a discharge of 3.0 gallons per hour (gph) with a probability of detection of 0.95 and a probability of false alarm of 0.05 at an equivalent line pressure of 10 pounds per square inch (psi) and restrict flow within one hour.

2. Electronic line leak detectors. Electronic line leak detectors shall be capable of detecting a discharge of 3.0 gph with a probability of detection of 0.95 and a probability of false alarm of 0.05 at an equivalent line pressure of 10 psi and alert the operator by resticting or shutting off the flow of regulated substances through piping when a leak is detected. Monthly release detection printed tapes from automatic tank gauges for electronic line leak detectors are not required to be kept as records to demonstrate compliance, but a positive response from an electronic line leak detector must be recorded and investigated in accordance with Rule 62-761.430, F.A.C.

3. Electronic interstitial monitoring devices. Storage tank systems without line leak detectors, shall have electronic interstitial monitoring devices that are capable of detecting a release of 10 gallons within one hour and shutting off the pump.

4. For emergency generator storage tank systems that are monitored 24-hours per day, if the release detection system detects leaks of 3.0 gph at 10 psi line pressure within one hour, an audible or visual alarm will be triggered to alert the on-site operator.

(4) A positive response is defined as any instance where the release detection system has shut off power to the pump, or restricted the flow, or triggered an audible or visual alarm for pressurized integral piping in contact with the soil. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C.

(5) Annual operability testing of release detection systems. All release detection devices shall be tested annually at intervals not exceeding 12 months to ensure proper operation. The test must either simulate an actual alarm condition or shall be conducted according to manufacturer’s specifications, and shall include, at a minimum, a determination of whether the device operates as designed. Remote testing of the system can be performed by the manufacturer if the remote test is included in the third-party certification by a Nationally Recognized Testing Laboratory. An annual operability test will be deemed timely if performed within the same calendar month in which the test is due.

(6) Operability test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-761.710, F.A.C

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.600, Amended 7-13-98, 6-21-04, 1-11-17, 6-25-23.

Fla. Admin. Code R. 62-761.610 Release Detection Methods

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.610, Amended 9-30-96, 7-13-98, 6-21-04, Repealed 1-11-17.

Fla. Admin. Code R. 62-761.620 Release Detection Standards for Other Existing Regulated Substance Storage Tanks

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.620, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.640 Performance Standards for Release Detection Methods

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.640, Amended 9-30-96, 7-13-98, 6-21-04, Repealed 1-11-17.

Fla. Admin. Code R. 62-761.680 Tightness Testing Standards

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.680, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.700 Repairs, Operation and Maintenance

(1) Repairs.

(a) Repairs shall be performed if any component of a storage tank system has:

1. A release or discharge or contributed to a release or discharge of a regulated substance, or

2. An operational or structural problem that could potentially result in a release or discharge, or lead to the presence of groundwater or surface water in the interstice of a double-walled storage tank or integral piping.

(b) The storage tank system shall immediately cease operating, dispensing, and accepting deliveries if:

1. Repairs are required for any component of a storage tank system; and,

2. The nature of the repair activities or the condition of the component cannot be otherwise isolated from the storage tank system. The restrictions against operating the storage tank system shall not apply if the storage tank system contains fuels used solely for the generation of electricity by an electric utility as defined in Chapter 366, F.S., where the removal of the storage tank system from use would result in the shutdown of electrical generating units serviced by the storage tank system; and,

3. The condition of the system component results in an on-going discharge, pursuant to Rule 62-761.400, F.A.C.

(c) Repairs shall be made:

1. To restore the structural integrity of the storage tank system and in a manner that will prevent releases or discharges from structural failure or corrosion for the remaining operational life of the storage tank system; and,

2. In accordance with manufacturer’s specifications and applicable reference guidelines.

(d) If repairs are needed for any primary or secondary tank or piping system walls, or any interstitial spaces of storage tank system components, the repaired components shall be integrity tested for liquid tightness before being placed back into operation.

(e) A storage tank system that requires repair but cannot be repaired within 90 days to operate in accordance with the requirements of this chapter shall be taken out-of-service in accordance with subsection 62-761.800(1), F.A.C. If the system cannot be repaired within 365 days after being taken out-of-service, it shall be permanently closed pursuant to subsection 62-761.800(2), F.A.C.

(2) Cathodic protection.

(a) Cathodic protection systems shall be operated and maintained to provide continuous corrosion protection to the metal components of those portions of the storage tank and integral piping in contact with the soil or within metallic interstitial spaces using vapor corrosion inhibitor technologies.

(b) Inspection and testing requirements.

1. Storage tank systems equipped with cathodic protection must be inspected, tested, and evaluated by or under the direction of a Corrosion Professional within six months of installation or repair and at least every year, or every three years for factory-installed (galvanic) cathodic protection systems, thereafter in accordance with the criteria contained in AMPP, formerly NACE International Standards SP0169-2013, incorporated by reference in subparagraph 62-761.500(3)(d)2., F.A.C., and SP0285-2021, incorporated by reference in subparagraph 62-761.500(2)(c)4., F.A.C.; or STI R051-17 Cathodic Protection Testing Procedures for sti-P3® UST’s, (R051), Revised April 2017, as applicable, regardless of the date of installation of the storage tank system. STI R051-17, Revised April 2017, is hereby adopted and incorporated by reference, and available from the publisher Steel Tank Institute (STI) publisher at STI, 944 Donata Court, Lake Zurich, Illinois 60047, (847)438-8265, or from the publisher’s website at https://www.steeltank.com/. The copyright protected documents in this subparagraph are available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C. All cathodic protection systems shall either have permanent test stations for soil-to-structure potential measurements or use temporary field test stations for required testing in accordance with this subparagraph.

2. Storage tank systems with impressed current systems shall be inspected at intervals not exceeding 60 days. All sources of impressed current shall be inspected. Evidence of proper functioning shall be current output, normal power consumption, a signal indicating normal operation, or satisfactory electrical state of the protected structure. Impressed current systems that are inoperative for a cumulative period exceeding 1,440 hours in one year shall be immediately taken out-of-service and assessed within 30 days by a Corrosion Professional to ensure that the storage tank system is structurally sound, free of corrosion holes, and operating in accordance with the design criteria before being returned to service.

(c) Records of the continuous operation of impressed current systems and all cathodic protection inspection, testing, and repair activities shall be maintained in accordance with paragraph 62-761.710(3)(c), F.A.C.

(d) Storage tank systems with cathodic protection systems that have been determined by a Corrosion Professional that the cathodic protection system cannot achieve or maintain protection levels in accordance with the design criteria shall:

1. Be repaired within 90 days in accordance with subparagraph 62-761.700(2)(b)1., F.A.C., or

2. Be closed in accordance with subsection 62-761.800(2), F.A.C.

(3) Operation and maintenance.

(a) Integrity testing.

1. The integrity of secondary containment systems and interstitial spaces, regardless of the date of installation of the storage tank system or storage tank system component, shall be verified by performing an interstitial or containment integrity test in accordance with manufacturer’s specifications. For storage tank systems or system components without manufacturer integrity or containment testing specifications, PEI/RP1200-19, 2019 Edition, incorporated by reference in subparagraph 62-761.500(1)(b)5., F.A.C., shall be used. Secondary containment systems that use vacuum, pressure, or liquid level (hydrostatic) monitoring for release detection are exempt from this requirement. The interstitial or containment integrity tests shall be performed in accordance with the following schedule:

a. Double-walled storage tanks and piping shall be tested at the time of installation and at the time of any subsequent repair,

b. Piping sumps shall be tested by October 13, 2018, and every three years thereafter, not to exceed 36 months,

c. Dispenser sumps shall be tested by October 13, 2018, and every three years thereafter, not to exceed 36 months,

d. Piping and dispenser sumps over the surface waters of the state shall be tested within one year of July 9, 2019, and every three years thereafter, not to exceed 36 months,

e. Double-walled spill containment systems shall be tested by October 13, 2018, and every three years thereafter, not to exceed 36 months,

f. All single-walled spill containment systems shall be tested at intervals not exceeding every 12 months and will be deemed timely if performed within the same calendar month in which the test is due; and,

g. Single-walled storage tanks or integral piping installed within liners are exempt from this requirement.

2. Any integrity test that indicates that the component is not tight shall be reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C.

(b) Water removal.

1. Spill containment systems, interstitial spaces, dispenser sumps, and piping sumps shall be maintained to provide access for examination and water removal. Water in excess of one inch in depth, or any regulated substance collected in secondary containment, spill containment systems, or in piping sumps and dispenser sumps shall be removed within 72 hours of discovery and be either reused or properly disposed.

2. Petroleum Contact Water. Petroleum contact water from storage tank systems shall be managed in accordance with Chapter 62-740, F.A.C.

(c) When a storage tank system is registered out-of-service, the system shall continue to be maintained in accordance with subsection 62-761.800(1), F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091, 489.133 FS. History–New 3-12-91, Formerly 17-761.700, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 7-9-19, 6-25-23.

Fla. Admin. Code R. 62-761.710 Recordkeeping

(1) All records, whether in paper or electronic format, shall be dated and available for inspection by the Department or county. If records are not kept at the facility, they shall be made available at the facility or another agreed upon location upon five business days of receipt of the Department’s or county’s request. Site access to the facility shall be provided for compliance inspections conducted at reasonable times.

(2) Records of the following are required to be kept for three years:

(a) Repair, operation, and maintenance records;

(b) All release detection results, including a record or summary of the alarm history, sensor status, and testing results for electronic systems, performed in accordance with paragraph 62-761.600(1)(e), F.A.C.;

(c) All test data and results gathered during operability and integrity testing; and,

(d) Records of the types of fuels stored per tank.

(3) Records of the following shall be maintained until storage tank system closure:

(a) Manufacturer’s instructions for operation, maintenance, and testing for release detection equipment;

(b) Records of storage tank system installations, replacements, recertifications, and upgrades;

(c) Records of installation, maintenance, inspections, and testing of cathodic protection systems in accordance with NACE and STI standards;

(d) Survey drawings as specified in paragraph 62-761.500(1)(i), F.A.C.;

(e) A copy of all INFs, and the results of all incident investigations as specified in Rule 62-761.430, F.A.C.;

(f) A copy of all DRFs;

(g) A copy of all documents required in Rule 62-761.800, F.A.C., if the location continues as a facility;

(h) Records to demonstrate insurance as the method of financial responsibility for storage tank systems shall be maintained in permanent form if no contamination has been reported or if no Site Rehabilitation Completion Order (SRCO) has been issued pursuant to Chapter 62-780, F.A.C. Records demonstrating other methods of financial responsibility for storage tank systems shall be maintained for the duration of the effective period of that financial responsibility method; and,

(i) Records documenting compliance with compatibility of storage tank systems and system components storing regulated substances containing ethanol blends greater than 10 percent and biodiesel blends greater than 20 percent in accordance with paragraphs 62-761.405(2)(d), 62-761.500(1)(d), and 62-761.850(2)(g), F.A.C.

(4) Records of current training certificates for designated Class A, B, and C operators shall be maintained for as long as the operators are designated for that facility.

(5) The Department strongly encourages that all records relating to financial responsibility be maintained permanently.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091 FS. History–New 12-10-90, Formerly 17-761.710, Amended 9-30-96, 7-13-98, Repromulgated 6-21-04, Amended 1-11-17, 6-25-23.

Fla. Admin. Code R. 62-761.720 Inventory Requirements

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.720, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.730 Operating Requirements for Cathodic Protection

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.730, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.740 Certified Contractors

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.740, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.800 Out-of-Service and Closure Requirements

(1) Out-of-service storage tank systems.

(a) Storage tank systems that are taken out-of-service, as required in this subsection, shall continue to be maintained in accordance with this chapter unless otherwise noted herein.

(b) Facility owners and operators of out-of-service storage tank systems shall:

1. Continue to operate and maintain corrosion protection in accordance with subsection 62-761.700(2), F.A.C.,

2. Continue to maintain and demonstrate financial responsibility pursuant to Rule 62-761.420, F.A.C.,

3. Leave vent lines open and functioning,

4. Remove all regulated substances so that no more than one inch in depth or 0.3 percent by weight of regulated substances remains in the storage tank,

5. Secure or close off the system to outside access,

6. Register the storage tank system out-of-service in accordance with Rule 62-761.400, F.A.C.; and,

7. Perform a visual inspection annually, not to exceed 12 months of every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances, that can be visually inspected. Each annual visual inspection of the storage tank system shall be documented as to its condition pursuant to Rule 62-761.710, F.A.C., and will be deemed timely if performed within the same calendar month in which the test is due. Any visual inspection of a storage tank system that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-761.430, F.A.C. If it is determined that a release has occurred while the system is out-of-service; and,

a. The incident investigation reveals a release has led to a discharge while the storage tank system is out-of-service and storing regulated substances at no more than one inch in depth or 0.3 percent by weight of total system capacity, then the response to the discharge shall be in accordance with paragraphs 62-761.440(6)(a), (b), (e), (f), and (g), F.A.C. Repairs shall be made within 365 days of the discharge discovery in accordance with paragraphs 62-761.700(1)(a), (c), and (d), F.A.C. If the system cannot be repaired within 365 days after the discovery of the discharge, then it shall be permanently closed pursuant to subsection 62-761.800(2), F.A.C.

b. The incident investigation reveals a release has not led to a discharge while the storage tank system is out-of-service, then repairs shall be made in accordance with paragraphs 62-761.700(1)(a), (c), and (d), F.A.C., prior to bringing the storage tank system back into service.

(c) Facility owners and operators of out-of-service storage tank systems shall monitor the interstice and the liquid level in the storage tank annually but not to exceed 12 months, unless the tank system contains no regulated substances. The annual test will be deemed timely if performed within the same calendar month in which the test is due. Records of these inspections shall be maintained in accordance with subsection 62-761.710(2), F.A.C. In the event that liquid in excess of one inch, or 0.3 percent by weight, in the storage tank or any liquid, other than condensate, in the interstice is discovered, facility owners and operators must follow the procedures for incidents pursuant to Rule 62-761.430, F.A.C.

(d) The following inspections and testing requirements are not required while the storage tank system is properly out-of-service:

1. Monthly visual inspections in accordance with paragraph 62-761.600(1)(e), F.A.C.,

2. Semiannual inspections of piping and dispenser sumps that use electronic release detection methods in accordance with paragraph 62-761.600(1)(e), F.A.C.,

3. Monthly inspection of electronic release detection devices in accordance with paragraph 62-761.600(1)(g), F.A.C., and

4. Release detection device annual operability testing, containment and interstitial integrity testing, and annual overfill protection device testing; however, all aforementioned testing shall be current in accordance with this chapter and indicate proper operation before adding regulated substances to the storage tank system. In addition, storage tank systems installed after January 11, 2017, that have been out-of-service for more than 730 days shall perform interstitial integrity testing of the storage tank and integral piping before adding regulated substances to the storage tank system.

(e) Storage tank systems with secondary containment, not requiring repairs pursuant to Rule 62-761.700, F.A.C., shall only be designated as out-of-service for a maximum of 10 continuous years. Upon expiration of this time period, the storage tank system must be closed in accordance with subsection 62-761.800(2)(b), F.A.C.

(2) Closure of storage tank systems.

(a) The following storage tank systems must be closed in accordance with the provisions of this subsection:

1. A storage tank system that fails to meet or, if required, is not modified to meet the Storage Tank System Requirements of Rule 62-761.500, F.A.C., within 90 days of discovery.

2. A storage tank system that requires repair pursuant to Rule 62-761.700, F.A.C., but is not repaired within 90 days to operate in accordance with the requirements of this chapter shall be taken out-of-service. If the system is not repaired within 365 days after being taken out-of-service, it shall be permanently closed.

3. A storage tank system where financial responsibility is not maintained and demonstrated, pursuant to Rule 62-761.420, F.A.C., within 90 days of termination of the financial mechanism.

(b) Closure of storage tank systems shall be performed by:

1. Conducting a Closure Integrity Evaluation as defined in subsection 62-761.200(10), F.A.C., and completing the Closure Integrity Evaluation Report Form for USTs 62-761.900(7) (Closure Integrity Report), incorporated by reference in paragraph 62-761.405(2)(c), F.A.C. The form shall be submitted in writing or electronic format to the appropriate county,

2. Removing all liquids and accumulated sludges. The removal and disposal of all liquids and accumulated sludges may be required according to other local, state, and federal requirements,

3. Removing by a Certified Contractor or disconnecting and capping all integral piping,

4. Removing and disposing of a storage tank by a Certified Contractor, or in-place closure by filling the storage tank with a solid inert material of sufficient density to prevent a structural collapse of the closed storage tank, shall be in accordance with the following copyright protected documents, hereby adopted and incorporated by reference, and available from the addresses provided, regardless of the date of installation of the storage tank system: Closure of Underground Petroleum Storage Tanks, API Recommended Practice 1604, 4th Edition, February 2021, available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or from the publisher at API, 1220 L Street, N.W. Washington, DC 20005, (202)682-8000, or the publisher’s website at http://www.api.org/; and Temporarily Out of Service, Closure in Place, or Closure by Removal of Underground Storage Tanks, NFPA 30 (Annex C), 2021 Edition, available at the Department of Environmental Protection or the Department of State address provided in subsection 62-761.210(1), F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (800)344-3555, or at the publisher’s website at www.nfpa.org/. In lieu of in-place closure or removal, a storage tank may be used to store liquids other than regulated substances in accordance with API Recommended Practice 1604, 4th Edition, February 2021. Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities; and,

5. Properly closing monitoring wells associated with closed systems that are not being used for site assessment purposes.

6. Once a storage tank system has been properly closed pursuant to subsections 62-761.800(2) and (3), F.A.C., and the Closure Report or the Limited Closure Report Form for USTs 62-761.900(8), incorporated by reference in subsection 62-761.420(2), F.A.C., has been submitted to and approved by the county or the Department, the facility owner shall update the facility’s registration status within 10 days to indicate the storage tank system as closed in accordance with subsection 62-761.400(2), F.A.C.

(3) Closure Integrity Report, Closure Report, and Limited Closure Report Requirements.

(a) Closure Integrity Report.

1. A Closure Integrity Evaluation, as defined in subsection 62-761.200(10), F.A.C., must be performed no more than 45 days prior to closure, replacement, or change in service from a regulated substance to a non-regulated substance for all double-walled storage tanks, double-walled integral piping, piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil. A Closure Integrity Report must be completed to document the findings of the Closure Integrity Evaluation.

2. A Closure Integrity Evaluation requires a visual assessment of the interstitial space of double-walled tanks, integral piping, piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil to determine if there are any products or pollutants or any water other than condensate present within the interstice. For storage tank system components where the interstitial space cannot be visually inspected, other methods approved by the manufacturer, PEI RP 1200-17, or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations.

3. A Closure Integrity Evaluation for single-walled piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil requires a hydrostatic test or another test approved by the manufacturer.

4. The county must be provided with a copy of the Closure Integrity Report as part of the notification process pursuant to subsection 62-761.405(2), F.A.C.

5. A failed Closure Integrity Evaluation requires the reporting of the failed evaluation as an incident in accordance with subsection 62-761.405(3), F.A.C., and the investigation of the incident in accordance with subsection 62-761.430, F.A.C. If sampling is necessary to determine whether a discharge has occurred, then an investigation shall be conducted during closure in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition, hereby adopted and incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11121, or the Department address given in paragraph 62-761.210(1)(e), F.A.C., or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, regardless of the date of installation of the storage tank system or system component being closed.

6. The owner or operator who does not or elects not to conduct a Closure Integrity Evaluation, in accordance with paragraph 62-761.800(3)(a), F.A.C., before the storage tank system or system component has been removed or closed in-place, regardless of the date of installation of the storage tank system or system component, shall conduct an investigation at the time of closure in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition.

(b) Closure Report. In cases where an investigation is conducted at the time of closure in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition, a Closure Report shall be submitted in writing or electronic format to the County within 60 days of completion of the system or system component closure, replacement, or change in service from a regulated substance to a non-regulated substance. The Closure Report shall be prepared in accordance with Instructions for Conducting Sampling During Underground Storage Tank Closure, July 2019 Edition.

(c) Limited Closure Report. Form 62-761.900(8), Limited Closure Report Form for USTs shall be submitted in writing or electronic format to the county within 60 days of completion of the closure, replacement, or change in service from a regulated substance to a non-regulated substance in cases where:

1. A Closure Integrity Evaluation passed,

2. A failed Closure Integrity Evaluation was investigated prior to closure and it was demonstrated that a discharge did not occur, or

3. A Closure Integrity Evaluation or Closure Report were not required because the closure only involved storage tank system components that were not in contact with the soil.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.30716 FS. History–New 12-10-90, Formerly 17-761.800, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 10-13-19, 6-25-23.

Fla. Admin. Code R. 62-761.820 Incident and Discharge Response

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.820, Amended 9-30-96, 7-13-98, 6-21-04, Repealed 1-11-17.

Fla. Admin. Code R. 62-761.840 Locally Administered Programs

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.840, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.850 Alternative Procedures, Equipment Registration and Registration of Operator Training Providers

(1) Alternative procedure requirements.

(a) Any person subject to the provisions of this chapter may request in writing a determination by the Secretary or the Secretary’s designee that any requirement of this chapter shall not apply to a regulated storage tank system at a facility, and shall request approval of alternative procedures or requirements on Form 62-761.900(4), Alternative Procedure Form, effective date, January 2017, hereby adopted and incorporated by reference. To obtain copies of this form see Rule 62-761.900, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-07655, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(b) The request shall set forth at a minimum the following information:

1. The specific storage tank system or facility for which an exception is sought,

2. The specific provisions of this chapter from which an exception is sought,

3. The basis for the exception,

4. The alternative procedure or requirement for which approval is sought,

5. Documentation that demonstrates that the alternative procedure or requirement provides an equivalent or greater degree of protection for the lands, surface waters or groundwaters of the state as the specific provisions of this chapter from which an alternative procedure is sought; and,

6. Documentation that demonstrates that the alternative procedure or requirement is at least as effective as the established procedure or requirement.

7. If an alternative procedure or requirement is not able to be sought under subparagraph 5. or 6., then documentation that demonstrates that the specific provisions of this chapter from which the exception is sought imposes regulatory costs on the regulated entity that could be reduced through approval of a less costly regulatory alternative or requirement that provides a substantially equivalent degree of protection for the lands, surface waters, or groundwaters of the State as the established requirement.

(c) The Department shall issue an Order within 60 days of the receipt of a completed Alternative Procedure Form either:

1. Approving the request with any conditions necessary to meet the requirements of paragraph 62-761.850(1)(b), F.A.C., or

2. Denying the request and stating the reason(s) the request does not make an adequate demonstration that the requirements of paragraph 62-761.850(1)(b), F.A.C., have been met.

(d) The Department’s order shall be Agency action, reviewable in accordance with Sections 120.569 and 120.57, F.S. The Department’s failure to timely issue an Order does not grant or approve the request.

(e) The provisions of this rule do not preclude the use of any other applicable relief provisions.

(f) Facilities where an alternative procedure was previously approved by the Department may continue to operate using the conditions of the alternative procedure issued by the Department.

(2) Registration of storage tank system equipment and release detection systems and methods.

(a) Owners and operators shall verify at the time of installation that the storage tank system equipment and release detection systems and methods (including equipment and methods that were previously approved by the Department under the former Equipment Approval process) have been registered with the Department.

(b) Any storage tank system equipment installed after January 11, 2017, must be registered with the Department in accordance with this subsection. Upon discovery, non-registered storage tank system equipment installed after January 11, 2017, must be removed within 90 days, unless registration is applied for or obtained and listed within the 90 day time period.

(c) Equipment previously approved by the Department under the former Equipment Approval process and installed prior to January 11, 2017, can continue to be used regardless of later non-renewal or removal of registration from the list of registered storage tank system equipment, provided the equipment is still operating as designed and installed.

(d) Only the storage tank system equipment as stated in this chapter shall be registered by the equipment manufacturer using Form 62-761.900(9), Storage Tank System Equipment Registration Form, (Equipment Registration Form) effective date, July 2019, hereby adopted and incorporated by reference. To obtain copies of this form see Rule 62-761.900, F.A.C., or https://www.flrules.org/Gateway/reference.asp?No=Ref-10741, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference. The following storage tank system equipment is exempt from registration:

1. Dispensers, dispenser islands, nozzles, and hoses,

2. Manhole and fillbox covers,

3. Valves and ball float valves,

4. Cathodic protection test stations,

5. Integral piping not in contact with soil, unless the integral piping extends over or into surface waters,

6. Vent lines; and,

7. Gauges used for vacuum and pressure monitoring.

(e) Equipment registration requests shall be submitted to the Department in writing or electronic format with a demonstration that the equipment will meet the appropriate performance requirements contained in this chapter. Any approvals or denials received from other states or countries shall be included in the registration request to the Department.

(f) A third-party demonstration by a Nationally Recognized Testing Laboratory shall be submitted in writing or electronic format to the Department with the application. The third-party demonstration shall provide:

1. A technical evaluation of the equipment,

2. Test results that verify that the equipment will function as designed,

3. A professional certification or determination that the equipment meets the performance requirements contained in this chapter,

4. Integrity test requirements and procedures,

5. Annual operability testing procedure for the equipment or release detection system or method; and,

6. Copies of the manufacturer’s instructions to maintain the manufacturer’s warranty.

(g) For storage tank systems or system components that are compatible with ethanol blends greater than 10 percent or biodiesel blends greater than 20 percent, compatibility must be demonstrated to the Department by a third-party in paragraph (f), of this subsection, or manufacturer approval. Manufacturer approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or system component is compatible with, and be from the equipment or system component manufacturer.

(h) Release detection methods and tank and piping tightness and pressure testing methods must be registered in accordance with this subsection prior to being used.

(i) The storage tank system equipment and release detection systems and methods registered with the Department under this subsection must be renewed by the equipment manufacturer every five years. Failure to renew will result in removal from the equipment registration list. Any changes, improvements, or modifications to equipment beyond the scope of the original demonstration by the Nationally Recognized Testing Laboratory will require a renewal of the registration and a new demonstration from a Nationally Recognized Testing Laboratory pursuant to paragraph 62-761.850(2)(f), F.A.C.

(j) The Department shall only place conditions upon the use of the storage tank system equipment and release detection systems and methods, remove equipment or methods from the list of registered storage tank system equipment, or not renew registration if:

1. The information submitted to the Department is not in accordance with this subsection,

2. The equipment does not perform in field application as certified in the third-party certification by a Nationally Recognized Testing Laboratory, or

3. The equipment is not constructed in accordance with the approved registration or applicable Reference Guidelines.

(3) Registration of Operator Training Providers.

(a) Owners and Operators must verify that training providers required under Rule 62-761.350, F.A.C., (including training which was previously approved by the Department under the former approval process) have been registered with the Department.

(b) Training previously approved by the Department can continue to be used by operators up to 180 days after January 11, 2017. During the 180 day period the operator training provider must submit a request to be registered with the Department pursuant to paragraph 62-761.850(3)(c), F.A.C.

(c) Providers of operator training requesting to be registered with the Department shall submit, in writing or electronic format, documentation that demonstrates the training material meets the requirements contained in this chapter. Operator training content shall provide instruction for the Class A, B or C operator in accordance with Rule 62-761.350, F.A.C. Any approvals or denials received from other states or countries shall be included in the registration request to the Department.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.850, Amended 9-30-96, 7-13-98, 6-21-04, 1-11-17, 7-9-19.

Fla. Admin. Code R. 62-761.860 Approval of Storage Tank Systems and Release Detection Equipment

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.860, Repealed 9-30-96.

Fla. Admin. Code R. 62-761.900 Storage Tank Forms

Storage Tank Forms are listed by form number, subject title, effective date, and include the rule where the form is incorporated by reference. Copies of forms are available by writing to the Division of Waste Management, Florida Department of Environmental Protection, 2600 Blair Stone Road, M.S. 4500, Tallahassee, Florida 32399-2400, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference. For electronic submittal of the Storage Tank Facility Registration Form go to http://www.fldepportal.com/go/submit-registration/, Storage Tank Facility.

(1) Form 62-761.900(1) Discharge Report Form, June 2023, incorporated by reference in subsection 62-761.405(4), F.A.C., and referenced in subsection 62-761.200(22), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15409.

(2) Form 62-761.900(2) Storage Tank Facility Registration Form, July 2019, incorporated by reference in paragraph 62-761.400(1)(b), F.A.C., and referenced in subsections 62-761.200(40) and (48), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10736.

(3) Form 62-761.900(3) Financial Mechanisms for Storage Tanks, June 2023, incorporated by reference in subsection 62-761.420(3), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15410.

(4) Form 62-761.900(4) Alternative Procedure Form, January 2017, incorporated by reference in paragraph 62.761.850(1)(a), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07655.

(5) Form 62-761.900(5) Underground Storage System Installation and Removal Form for Certified Contractors, July 2019, incorporated by reference in paragraph 62-761.400(1)(c), F.A.C., and referenced in subsection 62-761.200(5), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10738.

(6) Form 62-761.900(6) Incident Notification Form, January 2017, incorporated by reference in subsection 62-761.405(3), F.A.C., and referenced in subsection 62-761.200(29), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07657.

(7) Form 62-761.900(7) Closure Integrity Evaluation Report Form for USTs, October 2019, incorporated by reference in paragraph 62-761.405(2)(c), F.A.C., and referenced in subsection 62-761.200(11), and subparagraph 62-761.800(2)(b)1., F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10739.

(8) Form 62-761.900(8) Limited Closure Report Form for USTs, October 2019, incorporated by reference in subsection 62-761.420(2), F.A.C. and referenced in subsection 62-761.200(35), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10740.

(9) Form 62-761.900(9) Storage Tank System Equipment Registration Form, July 2019, incorporated by reference in paragraph 62-761.850(2)(d), F.A.C., and is also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10741.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 12-10-90, Formerly 17-761.900, Amended 9-30-98, 7-13-98, Repromulgated 6-21-04, Amended 1-11-17, 7-9-19, 6-25-23.

Chapter 62-762 ABOVEGROUND STORAGE TANK SYSTEMS

Fla. Admin. Code R. 62-762.100 Intent

History

• Rulemaking Authority 376.303, 376.322(3) FS. Law Implemented 376.303, 376.322(3), 403.3073 FS. History–New 3-12-91, Formerly 17-762.100, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.101 Intent

(1) The purpose of this chapter is to provide requirements for aboveground storage tank systems that store regulated substances in order to minimize the occurrence and environmental risks of releases and discharges. This chapter provides requirements for aboveground storage tank systems having individual storage tank capacities greater than 550 gallons.

(2) For mineral acid storage tank systems, the purpose of this chapter is to minimize the occurrence and environmental risks of discharges from aboveground storage tanks having capacities greater than 110 gallons that contain hydrobromic, hydrochloric, hydrofluoric, phosphoric or sulfuric acid. Mineral acid storage tank systems are only subject to Rule 62-762.891, Florida Administrative Code (F.A.C.).

(3) For compression vessels and aboveground hazardous substance storage tank systems with individual capacities greater than 110 gallons, the purpose of this chapter is to establish a registration program. These systems are only subject to Rule 62-762.401, F.A.C.

(4) This chapter implements the requirements of chapter 376, Florida Statutes (F.S.). Final agency action related to the functions that may be carried out by a locally administered governmental program (county) under contract with the Department pursuant to Section 376.3073, F.S., shall be taken by the Department.

(5) Site access to the facility, subject to safety considerations, shall be provided for compliance inspections conducted at reasonable times and with notice by phone or email. The facility owner or operator shall provide an authorized facility representative to safely access storage tank system components for inspection purposes and demonstrate operational functionality of electronic equipment.

History

• Rulemaking Authority 376.303, 376.322(3) FS. Law Implemented 376.303, 376.3073, 376.322(3), 403.091 FS. History–New 6-21-04, Amended 1-11-17.

Fla. Admin. Code R. 62-762.200 Definitions

History

• Rulemaking Authority 376.303, 376.322(3) FS. Law Implemented 376.303, 376.322(3) FS. History–New 3-12-91, Amended 3-8-94, Formerly 17-762.200, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.201 Definitions

All words and phrases defined in Sections 376.031, 376.301, and 487.021, F.S., shall have the same meaning when used in this chapter unless specifically stated otherwise in this chapter. See Sections 376.031, 376.301, and 487.021, F.S., for definitions of the following terms: “Bulk product facility,” “Compression vessel,” “Contaminant,” “Contaminated site,” “Department,” “Discharge,” “Facility,” “Flow-through process tank,” “Hazardous substances,” “Operator,” “Owner,” “Pesticides,” “Petroleum products,” “Pollutants,” “Transfer,” or “transferred,” and “Vessel.” The following words and phrases used in this chapter shall, unless the context indicates otherwise, have the following meaning:

(1) “Ammonia” includes organic amines and inorganic compounds that are liquids at standard temperature and pressure that, when discharged, release free ammonia (NH3), or ammonium ion (NH4+).

(2) “AST” means an aboveground storage tank.

(3) “Biofuel” means fuel produced from renewable resources, especially, but not limited to, organic feedstocks such as plant biomass, vegetable oils, animal fats, and treated municipal and industrial wastes.

(4) “Bulk product piping” means on-site integral piping with an internal diameter greater than three inches utilized for transporting regulated substances.

(5) “Cathodic protection” means a method of preventing corrosion of a metal surface through the use of galvanic anodes or impressed current.

(6) “Cathodic Protection Tester” means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, such persons shall have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems and be certified as a NACE or STI cathodic protection tester.

(7) “Chlorine” includes organic and inorganic compounds that are liquids at standard temperature and pressure that, when discharged, may release free chlorine (Cl2) or chlorides (Cl-).

(8) “Closure Integrity Evaluation for shop fabricated storage tank systems” is an assessment of shop fabricated storage tank system integrity for storage tanks, integral piping, piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil, that is performed by a third-party inspection or testing entity at closure or replacement. The evaluation is a physical test of interstitial tightness or visual inspection of the interstice of a secondarily contained storage tank system, secondarily contained storage tank system component, or a primary integrity test of a single-walled storage tanks, or containment integrity test of a single-walled piping sump, dispenser sump, or spill containment system.

(9) “Closure Integrity Evaluation for field erected storage tank systems” is an assessment of field erected storage tank system integrity for storage tanks, integral piping, hydrant sumps, and containment systems that are in contact with the soil, that is performed by a third-party inspection or testing entity at closure or replacement. The evaluation is a physical test of interstitial tightness or visual inspection of the interstice of a secondarily contained storage tank system, secondarily contained storage tank system component, or a containment integrity test of a single-walled hydrant sump or containment system.

(10) “Closure Integrity Report” means Closure Integrity Evaluation Report Form for ASTs 62-762.901(7), incorporated by reference in paragraph 62-762.411(2)(c), F.A.C.

(11) “Closure Report” is a report prepared in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition.

(12) “Compatible” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the storage tank system under conditions likely to be encountered in the storage tank system.

(13) “Containment” means a sufficiently impervious structure, release prevention barrier, or device designed to prevent the discharge of regulated substances in the event of a release.

(14) “Corrosion professional” means a person who, by reason of knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal components of a storage tank system. Corrosion Professionals shall be accredited or certified by NACE International as either a Corrosion Specialist or a Cathodic Protection Specialist, or be a professional engineer licensed in the State of Florida. Corrosion professionals using vapor corrosion inhibitor technologies for corrosion control must have experience with and knowledge of vapor corrosion inhibitors. Vapor corrosion inhibitors must be registered in accordance with subsection 62-762.851(2), F.A.C. Installers of vapor corrosion inhibitors must have certification from the VCI equipment registration holder.

(15) “Corrosion Protection” means the minimization of corrosion by the use of cathodic protection or vapor corrosion inhibitors.

(16) “County” means a locally administered governmental program under contract with the Department to perform compliance verification activities at facilities with storage tank systems within the boundaries stipulated in the applicable contract.

(17) “Day tank” means a storage tank connected to a regulated tank by way of integral piping, that contains the amount of fuel commonly used in a 24-hour period.

(18) “Dike field area” means the area around the tank or tanks that extends from the circumference of the base of a storage tank to the top of the berm, dike, or retaining wall surrounding the tank.

(19) “Discovery” means either actual knowledge or knowledge of facts that could reasonably lead to actual knowledge of the existence of a previously unreported incident, release, or discharge.

(20) “Dispenser” means a dispensing system that is used to transfer regulated substances from a fixed point to a vehicle or portable container.

(21) “Dispenser sump” means a storage tank system component installed as secondary containment beneath a dispenser to prevent discharges of regulated substances.

(22) “Docklines” means piping originating at the first shore side valve after the marine transfer area, as determined by the U.S. Coast Guard Captain of the Port, and terminating at the:

(a) First valve inside the dike field area or other approved containment within a bulk product facility;

(b) Valve or manifold nearest to the double-walled storage tank that the piping conveys regulated substance to at a bulk product facility, or

(c) Valve or manifold nearest to the storage tank containing high viscosity product that piping conveys regulated substance to at a bulk product facility.

(23) “Double-bottomed” means a storage tank that has secondary containment in the form of an outer tank bottom having an interstitial space between the primary tank bottom and the secondary outer tank bottom.

(24) “Double-walled” means a storage tank system or system component that has an outer wall that provides secondary containment.

(25) “DRF” means Discharge Report Form 62-762.901(1).

(26) “Empty” means all regulated substances have been removed so that no more than one inch in depth or 0.3 percent by weight of total system capacity of regulated substances remains in the storage tank system.

(27) “Field-erected storage tank” means a storage tank that is constructed by assembling it on-site at the facility.

(28) “Free product” means the presence of a regulated substance as a nonaqueous phase liquid in the environment in excess of 0.01 foot in thickness, measured at its thickest point.

(29) “High viscosity product” means a regulated substance with a viscosity of 30 centistokes (cSt) and higher at 40 degrees Centigrade, such as American Society for Testing and Materials (ASTM) grades 5 and 6 residual oils, intermediate fuel oils, or Bunker C fuel.

(30) “Hydrant piping” means a continuously pressurized integral bulk product piping system with hydrant pits used for distributing product.

(31) “Hydrant Sumps” or “Hydrant Pits” means any secondary containment system associated with hydrant piping, including hydrant pits, isolation valve pits, valve access pits, and control pits but excludes double-walled piping.

(32) “Hydrostatic test” means a containment integrity test for a storage tank system or storage tank system component that is performed in accordance with this chapter using equilibrium and the pressure of liquids.

(33) “Impervious” means:

(a) A synthetic material or another material registered in accordance with subsection 62-762.851(2), F.A.C., that is compatible with the stored regulated substance, and has a permeability rate to the regulated substance stored of 1 × 10-7 cm/sec or less, or

(b) For concrete structures, a material that:

1. Meets the design and construction standards of Design Considerations for Environmental Engineering Concrete Structures, ACI 350.4R-04, 2004 Edition, and Control of Cracking in Concrete Structures, ACI 224R-01, (Reapproved 2008), hereby adopted and incorporated by reference, and available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at ACI, 38800 Country Club Drive, Farmington Hills, Michigan 48331-3439, or at: http://www.concrete.org/, or

2. Is applied to the concrete in accordance with Design, Installation, and Maintenance of Coating Systems for Concrete Used in Secondary Containment, SSPC-TU 2/NACE 6G197, Publication No. 97-04/Item No. 24193, February 1997, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at AMPP (The Association for Materials Protection and Performance, formerly SSPC: The Coatings Society), 800 Trumbull Drive, Pittsburgh, PA 15205, (877)281-7772, or from the publisher’s website at http://www.ampp.org/home.

(34) “In contact with the soil” means any portion of a storage tank system, that physically touches the soil or if not in direct contact with the soil, is separated from the soil only by a casing, wrapping, or other material that is not impervious.

(35) “Incident” is a condition or situation indicating that a release or discharge may have occurred from a storage tank system or system component.

(36) “Industrial occupancy building” is an enclosed structure that contains a storage tank system that is used in association with an industrial or manufacturing process, or for electric power generating utilities, provided that the building was constructed and is used primarily for industrial, manufacturing, or electric power generating purposes, and not solely for the purpose of storing regulated substances. An industrial occupancy building is a structure that has an impervious floor (without valves, drains, or other openings) that prevents regulated substances from being discharged. Industrial occupancy buildings constructed between July 13, 1998, and January 11, 2017, must meet the applicable regulatory requirements in this chapter in effect at that time. Industrial occupancy buildings constructed after January 11, 2017, must:

(a) Be constructed in accordance with Flammable and Combustible Liquids Code, Storage Tank Buildings, Chapter 24 of NFPA 30, 2021 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169, (617)770-3000, or at www.nfpa.org/;

(b) Have at least Type II construction in accordance with Standard on Types of Building Construction, NFPA 220, 2021 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169, (617)770-3000, or at www.nfpa.org/;

(c) Be ventilated in accordance with Standard on Explosion Protection by Deflagration Venting, NFPA 68, 2018 Edition; and Standard on Explosion Prevention Systems, NFPA 69, 2019 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169, (617)770-3000, or at www.nfpa.org/; and,

(d) Be verified as meeting the above construction requirements by either a registered architect or a professional engineer licensed in the State of Florida.

(37) “INF” means Incident Notification Form 62-762.901(6), incorporated by reference in subsection 62-762.411(4), F.A.C.

(38) “In-service” means a storage tank system where the owner or operator has not reported to the Department pursuant to subsection 62-762.401(2), F.A.C., that the tank is out-of-service pursuant to subsection 62-762.801(1) or 62-762.802(2), F.A.C., or temporary out-of-service pursuant to subsection 62-762.802(1), F.A.C.

(39) “Integral piping” means on-site piping, originating or terminating at the regulated storage tank or tanks, that conveys regulated substances. Vapor, or other recovery lines, pipeline facilities, and vent lines, are not considered integral piping. Integral piping includes all valves, elbows, joints, flanges, pumps, and flexible connectors associated with the pipe originating at the storage tank up to the:

(a) Union of the integral piping with the dispenser;

(b) Fill cap or fill valve;

(c) Forwarding pump used for transferring regulated substances to a flow-through process tank or an industrial production or manufacturing point of use;

(d) First flange or connection within the loading rack containment area, or

(e) First shoreside valve after the marine transfer area for on-site piping at bulk product facilities.

(40) “Integrity test” means a determination of the liquid tightness of a storage tank system or system component using one of the following types of tests:

(a) “Interstitial integrity test” means an evaluation of a storage tank system or system component with an interstitial space using vacuum, pressure, liquid level monitoring systems, or equivalent test methods certified by a Nationally Recognized Testing Laboratory;

(b) “Primary integrity test” means an evaluation of the liquid tightness of the primary tank or integral piping, or

(c) “Containment integrity test” means an evaluation of the liquid tightness of hydrant pits, isolation valve pits, and other containment systems.

(41) “Interstice” means the space between the primary and secondary wall of a storage tank system or system component.

(42) “Interstitial monitoring” is a method of release detection in which the area between the primary and secondary wall of a storage tank or storage tank system component is monitored for signs of release.

(43) “Limited Closure Report” means Limited Closure Report Form for ASTs 62-762.901(8), incorporated by reference in subsection 62-762.421(2), F.A.C.

(44) “Liner” means an impervious material that meets the performance requirements of subparagraph 62-762.501(1)(b)2. or 62-762.502(1)(b)2., F.A.C., that is used externally as a method of secondary containment.

(45) “Maintenance” means the normal operational upkeep in accordance with Rules 62-762.701 and 62-762.702, F.A.C., to prevent a storage tank system or system component from releasing or discharging regulated substances.

(46) “Mobile tank” is a shop fabricated storage tank that is:

(a) Moved to a different location at least once every 180 days; and,

1. Has a current valid vehicle registration with the Florida Department of Highway Safety and Motor Vehicles and has current test and inspection markings in accordance with 49 CFR §180.415, or

2. Is designed and constructed to be moved to other service locations, and its relocation within a facility or from site to site is inherent in its use.

(b) Used for on-site construction activities, provided that the construction activities do not exceed 12 months, or the life of the construction project as long as construction is continuous, and the tanks are removed from the site when the construction is complete.

(c) Not considered mobile if it is connected to stationary underground or aboveground integral piping, unless associated with the production of an agricultural commodity, provided that the tank is moved to a different location at least once every 180 days.

(47) “Nationally Recognized Testing Laboratory” means an international or national organization or governmental entity that can perform quantitative and qualitative tests on storage tank system equipment, evaluate the test data and equipment performance, and make determinations of the equipment’s capability of meeting the technical requirements of this chapter. A Nationally Recognized Testing Laboratory shall have at least five years of professional storage tank system equipment testing experience.

(48) “New” means a storage tank system or system component installed after January 11, 2017.

(49) “Onsite” means on the same or geographically contiguous property as the facility regulated under this chapter that is under the same ownership or control. The properties may be divided by a public or private right-of-way or an easement.

(50) “Operability test” means a test performed to determine if electronic and mechanical release detection and overfill protection devices or systems are functioning as designed and in accordance with manufacturer’s specifications.

(51) “Out-of-service” means a storage tank system or system component that is designated as out-of-service by the owner or operator to the Department on Storage Tank Facility Registration Form 62-762.901(2), incorporated by reference in paragraph 62-762.401(1)(b), F.A.C.

(52) “Overfill” is an incident that occurs when a tank is filled beyond its capacity.

(53) “Overfill protection” is a device or method for preventing an incident, release, or discharge from a storage tank during filling of the storage tank system.

(54) “Pipe” or “piping” means any hollow cylindrical or tubular conveyance through which regulated substances flow.

(55) “Pipeline facilities” are pipe systems, rights-of-way and any associated equipment, gathering lines, buildings, or break-out tanks necessary for the long range transportation of regulated substances. Pipeline facilities and associated equipment are regulated by the U.S. Department of Transportation Pipeline and Hazardous Material Safety Administration, pursuant to Title 49, Parts 190-199 of the Code of Federal Regulations.

(56) “Piping sump” means a storage tank system component installed as secondary containment or a monitoring port at the lowest point in the integral piping to detect releases. Piping sumps do not include impervious pits or trenches which contain integral or bulk product piping so long as such pits or trenches are open on the top or have grating on the top that allow the integral or bulk product piping to be visually inspected.

(57) “Pressure test” means a test to determine the integrity of the primary integral piping performed in accordance with Rules 62-762.601 and 62-762.602, F.A.C.

(58) “Pressurized piping” means piping through which regulated substances are pumped under continuous pressure.

(59) “Product” means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural gas gasoline, naphtha, distillate, condensate, gasoline, used oil, kerosene, benzene, wash oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or byproducts derived from oil or gas, and blends or mixtures of two or more liquid products or byproducts derived from oil or gas, whether hereinabove enumerated or not.

(60) “Registration form” means Storage Tank Facility Registration Form 62-762.901(2), incorporated by reference in paragraph 62-762.401(1)(b), F.A.C.

(61) “Regulated substance” means a liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), that is a pollutant when stored in a storage tank.

(62) “Release” means a loss of regulated substances from a storage tank system or system component into the system’s secondary containment.

(63) “Release detection” means a method of detecting the presence of regulated substances within a storage tank system’s or system component’s secondary containment or detecting other conditions or situations indicative of a release or discharge.

(64) “Repair” means to restore or replace any defective or damaged parts of a storage tank system or system component in accordance with subsections 62-762.701(1) and 62-762.702(1), F.A.C., as applicable. Replacement of a non-defective part is not a repair.

(65) “Residential storage tank system” means a storage tank system that provides fuel for heating, air conditioning or electricity to a residential structure. That structure is a non-commercial building utilized exclusively as a dwelling unit that is used as a home or residence by one or more persons who maintain a common household, excluding transient occupancies.

(66) “Secondary containment” means a release detection and discharge prevention system that meets the performance requirements of paragraphs 62-762.501(1)(b) and 62-762.502(1)(b), F.A.C., as applicable. Secondary containment includes dispenser sumps, piping sumps, spill containment systems, the outer wall of double-walled tanks, and integral piping, or the liner or impervious containment for single-walled tanks or integral piping. A Release Prevention Barrier is considered secondary containment for field-erected storage tank bottoms, as specified in Annex I of API Std 650, 13th Edition, March 2020, Welded Tanks for Oil Storage, Undertank Leak Detection and Subgrade Protection, which includes Errata 1 (2021), hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, DC 20005, (202)682-8000, or at http://www.api.org/.

(67) “Sheen” means a regulated substance less than or equal to 0.01 foot in thickness, measured at its thickest point, or visibly observed, floating on surface water, groundwater, or within secondary containment.

(68) “Shop fabricated storage tank” means a storage tank that is constructed at the tank manufacturer’s plant and transported to the facility for installation.

(69) “Small diameter piping” means integral piping with an internal diameter of three inches or less that is utilized for transporting regulated substances.

(70) “Spill containment system” means a fixed component that is designed to prevent a discharge of regulated substances from the tank fill pipe.

(71) “Storage tank system” means a tank used to contain regulated substances, and all its components, including integral piping, dispensers, spill containment systems, overfill protection systems, secondary containment systems, and any associated release detection equipment. A storage tank system is a “storage system” as defined in section 376.301, F.S.

(72) “Storage tank system component” or “system component” means any part (mechanical, electrical, and plumbing) of the storage tank system that is necessary for a tank system to operate properly and safely. This includes tanks, integral piping, sensors, sumps, pumps, including dispensers, spill containment systems, overfill protection systems, secondary containment systems, and any associated release detection equipment.

(73) “Suction piping” means piping through which regulated substances flow by suction due to a pump located at the dispenser or other endpoint of the piping.

(74) “Sump” means a storage tank system component installed as secondary containment to prevent discharges of regulated substances. Sumps include dispenser sumps, piping sumps, spill containment systems and hydrant sumps.

(75) “Tank” means an enclosed stationary container or structure that is designed or used to store regulated substances, and the volume of which, including the volume of underground piping, is less than ten percent buried beneath the surface of the ground.

(76) “Temporary out-of-service” means a field erected storage tank system that is designated as temporary out-of-service by the owner or operator to the Department on Form 62-762.901(2), incorporated by reference in paragraph 62-762.401(1)(b), F.A.C.

(77) “Vapor Corrosion Inhibitor” (VCI) means a chemical substance that volatilizes from a liquid or solid that is designed to inhibit corrosion within an enclosed airspace.

Editorial Note: For Pesticides defined in Section 487.021, F.S., the definition of a “new animal drug” is now located in 21 U.S.C. §321(v), and the definition of an animal feed is now located in 21 U.S.C. §321(w), of the Federal Food, Drug, and Cosmetic Act.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.031, 376.301, 376.303, 487.021 FS. History–New 6-21-04, Amended 1-11-17, 10-17-19, 6-26-23.

Fla. Admin. Code R. 62-762.210 Referenced Standards

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.210, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.211 Reference Guidelines

(1) Reference guidelines listed in paragraphs 62-762.211(2)(a) through (n), F.A.C., that are copyright protected are available for inspection during business hours at the Department of Environmental Protection’s Tallahassee Office located at 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or the Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, in accordance with Section 120.54(1)(i)3.b., F.S., or available directly from the source. Secondary references found within the following primary reference guidelines that have insufficient information to obtain those references can be obtained as provided in the document titled AST Appendix A – Secondary References, June 2023 Edition, hereby adopted and incorporated by reference, located here: https://www.flrules.org/Gateway/reference.asp?No=Ref-15413, or the Department of Environmental Protection or the Department of State address provided above. All other secondary references can be obtained through the following reference guidelines.

(2) Titles of documents. References to documents listed in paragraphs 62-762.211(2)(a) through (n), F.A.C., below are made throughout this chapter. Each document or part thereof is adopted and incorporated by reference only to the extent that it is specifically referenced in this chapter. To the extent that the provisions contained in the following reference guidelines conflict with this chapter, the Department’s requirements as stated in this chapter shall control.

(a) American Concrete Institute (ACI):

1. Control of Cracking in Concrete Structures, ACI 224R-01, (Reapproved 2008); and,

2. Design Considerations for Environmental Engineering Concrete Structures, ACI 350.4R-04, 2004 Edition.

(b) American Petroleum Institute (API). Copies of the following documents are available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, DC 20005, (202)682-8000, or at http://www.api.org/:

1. Specification for Fiberglass Reinforced Plastic Tanks, API Spec 12P, 4th Edition, February 2016,

2. Piping Inspection Code: In-service Inspection, Rating, Repair, and Alteration of Piping Systems, API 570, 4th Edition, February 2016, including Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018),

3. Design and Construction of Large, Welded, Low-Pressure Storage Tanks, API Std 620, 12th Edition, October 2013, including Addendum 1 (2014), Addendum 2 (2018) and Addendum 3 (2021).

4. Welded Tanks for Oil Storage, API Std 650, 13th Edition, March 2020, including Errata 1 (2021),

5. Cathodic Protection of Aboveground Petroleum Storage Tanks, API RP 651, 4th Edition, September 2014,

6. Tank Inspection, Repair, Alteration, and Reconstruction, API Std 653, 5th Edition, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020),

7. Welding of Pipelines and Related Facilities, API Std 1104, 22nd Edition, July 2021,

8. Recommended Practice for the Pressure Testing of Steel Pipelines for the Transportation of Gas, Petroleum Gas, Hazardous Liquids, Highly Volatile Liquids, or Carbon Dioxide, API RP 1110, (R2018), 6th Edition, February 2013,

9. Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, API RP 1632, (R2010), 3rd Edition, May 1996,

10. Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing and Storage Facilities and Distribution Terminals, API RP 1637, 4th Edition, April 2020; and,

11. Overfill Prevention for Storage Tanks in Petroleum Facilities, API Standard 2350, 5th Edition, September 2020, including Errata 1, April 2021.

(c) ASME International (founded as the American Society of Mechanical Engineers). A copy of the following document is available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at ASME International, 22 Law Drive, Box 2900, Fairfield, New Jersey 07007-2900, (800)843-2763, or the publisher’s website at http://www.asme.org/:

1. Process Piping, ASME B31.3, 2020 Edition; and,

2. Pipeline Transportation Systems for Liquids and Slurries, ASME B31.4, 2019 Edition.

(d) Energy Institute. A copy of the following document is available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at Energy Institute, 62 New Cavendish Street, London W1G 7AR, United Kingdom, +44 (0) 20 7467 7100, or the publisher’s website at https://www.energyinst.org/home: Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fuelling Equipment, EI 1542, 9th Edition, July 2012.

(e) Florida Department of Environmental Protection (DEP). A copy of the following document is available at the Department located at 2600 Blair Stone Road, Tallahassee, Florida 32399, (850)245-8705, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, or at the following website location: http://www.flrules.org/Gateway/reference.asp?No=Ref-11184, Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition.

(f) Geosynthetic Institute. A copy of the following document is available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at Geosynthetic Institute, 475 Kedron Avenue, Folsom, Pennsylvania 19033-1208, (610)522-8440, or at http://www.geosynthetic-institute.org/. Test Methods, Test Properties and Testing Frequency for High Density Polyethylene (HDPE) Smooth and Textured Geomembranessm, GRI - GM13 Standard Specification, Rev. 16, March 2021. Secondary references to this guideline can be found here: https://www.flrules.org/Gateway/reference.asp?No=Ref-15413.

(g) AMPP (The Association for Materials Protection and Performance, formerly NACE International). Copies of the following documents are available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at AMPP, 15835 Park Ten Place, Houston, Texas 77084, (800)797-6223, or at https://www.ampp.org/home:

1. Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms (formerly External Cathodic Protection of On-Grade Carbon Steel Storage Tank Bottoms), NACE Standard SP0193-2016-SG (formerly RP0193-2001), 2016 Edition,

2. Control of External Corrosion on Underground or Submerged Metallic Piping Systems, NACE Standard SP0169-2013 (formerly RP0169), 2013 Edition,

3. External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE Standard SP0285-2021, 2021 Edition; and,

4. Coatings and Linings over Concrete for Chemical Immersion and Containment Service, NACE Standard SP0892-2007 (formerly RP0892), 2007 Edition.

(h) National Fire Protection Association (NFPA). Copies of the following documents are available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169, (617)770-3000, or at www.nfpa.org/:

1. Flammable and Combustible Liquids Code, NFPA 30, 2021 Edition,

2. Code for Motor Fuel Dispensing Facilities and Repair Garages, NFPA 30A, 2021 Edition,

3. Standard on Explosion Protection by Deflagration Venting, NFPA 68, 2018 Edition,

4. Standard on Explosion Prevention Systems, NFPA 69, 2019 Edition; and,

5. Standard on Types of Building Construction, NFPA 220, 2021 Edition.

(i) National Institute of Standards and Technology (NIST), NIST, 100 Bureau Drive, Stop 1070, Gaithersburg, Maryland 20899-1070, (301)975-6478, or at http://www.nist.gov/index.html.

(j) Petroleum Equipment Institute (PEI). Copies of the following documents are available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, or at www.pei.org/:

1. Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-20, 2020 Edition,

2. Recommended Practices for Installation of Aboveground Storage Systems for Motor Vehicle Fueling, PEI/RP200-19, 2019 Edition; and,

3. Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, PEI/RP1200-19, 2019 Edition.

4. Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems, PEI/RP1400-21, 2021 Edition.

(k) AMPP (The Association for Materials Protection and Performance, formerly SSPC: The Coatings Society and NACE International). A copy of the following document is available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at AMPP (The Association for Materials Protection and Performance, formerly SSPC: The Coatings Society), 800 Trumbull Drive, Pittsburgh, PA 15205, (877)281-7772, or from the publisher’s website at https://www.ampp.org/home: Design, Installation, and Maintenance of Coating Systems for Concrete Used in Secondary Containment, SSPC-TU 2/NACE 6G197, Publication No. 97-04/Item No. 24193, February 1997.

(l) Steel Tank Institute (STI). Copies of the following documents are available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at STI, 944 Donata Court, Lake Zurich, IL 60047, (847)438-8265, or at https://www.steeltank.com/:

1. Steel Tank Institute Standard for Fire Tested Tanks Flameshield®, STI F001, April 2017. Secondary references to this guideline can be found here: https://www.flrules.org/Gateway/reference.asp?No=Ref-15413;

2. Standard for Aboveground Tanks Used as a Generator Base Tank, STI F011, November 2021. Secondary references to this guideline can be found here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15413;

3. Standard for Aboveground Tanks with Integral Secondary Containment, STI F921®, Revised June 2016;

4. Fireguard: Specification for Fireguard Protected Aboveground Storage Tanks, STI F941, June 2016. Secondary references to this guideline can be found here: https://www.flrules.org/Gateway/reference.asp?No=Ref-15413;

5. Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, STI R892, Revised January 2006;

6. Installation Instructions for Shop Fabricated Aboveground Storage Tanks for Flammable, Combustible Liquids, STI R912, Revised November 2015. Secondary references to this guideline can be found here: https://www.flrules.org/Gateway/reference.asp?No=Ref-15413;

7. Standard for the Inspection of Aboveground Storage Tanks, STI SP001, 6th Edition, January 2018; and,

8. Standard for Repair of Shop Fabricated Aboveground Tanks, STI SP031, 5th Edition, January 2018.

(m) Underwriters’ Laboratories Standards (UL). Copies of the following documents are available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847)272-8800, or at www.ul.com/:

1. Steel Aboveground Tanks for Flammable and Combustible Liquids, UL 142, January 2021, 10th Edition. Secondary references to this guideline can be found here: https://www.flrules.org/Gateway/reference.asp?No=Ref-15413;

2. Nonmetallic Underground Piping for Flammable Liquids, UL 971, May 2021, 2nd Edition. Secondary references to this guideline can be found here: https://www.flrules.org/Gateway/reference.asp?No=Ref-15413; and,

3. Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids, UL 2085, December 1997, Revised September 2010, 2nd Edition.

(n) U.S. Government Printing Office, Federal Digital System, Code of Federal Regulations, Electronic Code of Federal Regulations. Copies of the following documents are available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at U.S. Government Printing Office, 732 North Capitol Street, N.W., Washington, DC 20401-0001, (202)512-1800, or at https://www.govinfo.gov/app/collection/cfr:

1. Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST), 40 CFR Part 280, Subpart H, Financial Responsibility, July 15, 2015, published by Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, N.W., Washington, DC 20401-0001, or https://www.flrules.org/Gateway/reference.asp?No=Ref-15341, or https://www.govinfo.gov/app/collection/cfr/2015/title40 incorporated by reference in rule subsection 62-761.420(3), F.A.C.; and,

2. Designation of Hazardous Substances 40 CFR Section 302.4, August 1989, published by Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, N.W., Washington, DC 20401-0001, or http://www.flrules.org/Gateway/reference.asp?No=Ref-07663, or http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr302_main_02.tpl.

(3) Applicability of Reference Guidelines: Storage tank systems or system components installed after January 11, 2017, shall comply with this chapter on or after January 11, 2017. Unless otherwise specified in this chapter, storage tank systems or system components installed before January 11, 2017, are subject to the applicable Reference Standards listed in the Department’s storage tank rules that were in effect at the time the storage tank systems or system components were installed.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 6-21-04, Amended 1-11-17, 10-17-19, 6-26-23.

Fla. Admin. Code R. 62-762.300 Applicability

History

• Rulemaking Authority 376.303, 376.322(3) FS. Law Implemented 376.303, 376.322(3) FS. History–New 3-12-91, Formerly 17-762.300, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.301 Applicability

(1) General Requirements.

(a) The requirements of this chapter, unless specified otherwise, apply to owners and operators of facilities, and owners and operators of storage tank systems with individual storage tank capacities greater than 550 gallons, that contain or contained regulated substances. Storage tank systems or system components installed after January 11, 2017, shall comply with this chapter upon installation. Unless otherwise specified in this chapter, storage tank systems or system components installed before January 11, 2017, are subject to the applicable Reference Standards listed in the Department’s storage tank rules that were in effect at the time the storage tank systems or system components were installed.

(b) Owners and operators of compression vessels and hazardous substance storage tank systems with capacities of greater than 110 gallons and containing hazardous substances above reportable quantites under Designation of Hazardous Substances 40 CFR Section 302.4, August 1989, published by Government Printing Office, Code of Federal Regulations, 732 North Capitol Street, N.W., Washington, DC 20401-0001, hereby adopted and incorporated by reference, and available at the address given, or http://www.flrules.org/Gateway/reference.asp?No=Ref-07663, or http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title40/40cfr302_main_02.tpl, or at the Department address listed in subsection 62-762.211(1), F.A.C., are only required to comply with rule 62-762.401, F.A.C.

(c) Owners and operators of facilities containing only mineral acid storage tank systems and owners and operators of mineral acid storage tank systems with capacities of greater than 110 gallons containing mineral acids are only required to comply with rule 62-762.891, F.A.C.

(2) Exemptions: The following systems are exempt from the requirements of this chapter:

(a) Any storage tank system storing any hazardous waste listed or identified under Subtitle C of the Resource Conservation and Recovery Act, or a mixture of such hazardous waste and other regulated substances;

(b) Any storage tank system regulated under the Toxic Substances Control Act (15 U.S.C. 2065);

(c) Any pesticide waste degradation system;

(d) Storage tank systems used solely for temporary storage of mixtures of pesticides and dilutent for reapplication as pesticides;

(e) Any storage tank system with a storage capacity of less than 30,000 gallons used for the sole purpose of storing heating oil for consumptive use on the premises where stored. “Heating oil” means any petroleum-based fuel used in the operation of heating equipment, boilers, or furnaces;

(f) Any tank that contains asphalt or asphalt products not containing other regulated substances;

(g) Any storage tank system storing regulated substances that are solid or gaseous at standard temperature and pressure;

(h) Any storage tank containing Liquefied Petroleum Gas;

(i) Any storage tank system that:

1. Contains regulated substances at a concentration of less than two percent for pollutants and below the reportable quantities for hazardous substances under 40 CFR Section 302.4, August 1989; and,

2. Was never previously regulated under sections 376.30 through 376.309, F.S., or this chapter.

(j) Any storage tank system that contains wastewater that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act;

(k) Any septic tank system;

(l) Any stormwater or wastewater collection system, including oil-water separator tanks;

(m) Any residential storage tank system;

(n) Any emergency spill or emergency overflow containment storage tank systems, including those associated with electric power generation systems, that are emptied as soon as possible after use, and that routinely remains empty;

(o) Any day tank system with a capacity of 550 gallons or less. Day tank systems with capacities greater than 550 gallons are not exempt and shall be in compliance with this chapter no later than June 25, 2024;

(p) Any flow-through process tank system. For industrial and manufacturing facilities, integral piping is considered to terminate at the forwarding pump or valve used to transfer regulated substances to process, production, or manufacturing points of use or systems within the facility. Piping used to return unused regulated substances from the process, production, or manufacturing point of use back to the storage tank system is considered part of this exemption;

(q) Any storage tank system, liquid trap, or associated gathering lines directly related to oil or gas production and gathering operations regulated by chapter 377, F.S.; however, this exclusion does not apply to storage tanks that contain refined products;

(r) Any equipment or machinery that contains regulated substances for operational purposes, such as hydraulic lift or fluid tank systems and that hold hydraulic fluid for closed-loop mechanical systems used to operate lifts, elevators, and other similar devices, and dielectric fluid (cooling and lubricating oil) systems used for electrical equipment;

(s) Any pipeline facilities;

(t) Any storage tank system containing radionuclides or that is part of an emergency generator system for nuclear power generation at facilities regulated by the Nuclear Regulatory Commission under 10 CFR Part 50, Appendix A;

(u) Any vapor recovery holding tanks and associated vapor recovery piping systems;

(v) Any rail or tanker truck loading or unloading operations (loading racks) specified in Chapter 28 of NFPA 30, 2021 Edition, Flammable and Combustible Liquids Code, Bulk Loading and Unloading Facilities for Tank Cars and Tank Vehicles, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.;

(w) Any irrigation systems that:

1. Are not in contact with the soil,

2. Are constructed of corrosion resistant materials,

3. Are compatible with the products stored,

4. Contain less than 80 percent concentration of fertilizer materials by volume; and,

5. Are applied onsite.

(x) Systems used exclusively for the storage of aqueous solutions of sodium hypochlorite;

(y) Any mobile tank;

(z) Any system located entirely within an industrial occupancy building;

(aa) Any storage tank system, that was installed before July 13, 1998, and is located entirely within an enclosed building or vault with an adequate roof and walls to prevent rainwater from reaching the system, and with an impervious floor containing no valves, drains, or other openings that would permit regulated substances to be discharged from the system;

(bb) Any double-walled storage tank, that is connected with a power module system that is used for the emergency or supplemental generation of electrical power by an electric utility as defined in chapter 366, F.S. This exemption is limited to storage tanks that are designed and constructed to be moved between service locations, relocated within a facility or where the inherent use is from site to site;

(cc) Docklines transferring regulated substances from the marine transfer area to the bulk product facility provided the docklines are not integral piping of the regulated bulk product facility;

(dd) Any storage tank system containing biofuels with a concentration of regulated substances of five percent or less by volume, or

(ee) Any multiple compartmented storage tank system where each compartment does not share any of its walls with another compartment and the maximum capacity of each compartment is equal to or less than 550 gallons.

History

• Rulemaking Authority 376.303, 376.322(3) FS. Law Implemented 376.303, 376.321, 376.322(3) FS. History–New 6-21-04, Amended 1-11-17, 7-9-19, 6-26-23.

Fla. Admin. Code R. 62-762.400 Registration and Registeration Fees

History

• Rulemaking Authority 376.303, 376.322(3) FS. Law Implemented 376.303, 376.323 FS. History–New 3-12-91, Formerly 17-762.400, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.401 Facility Registration

(1) For installations:

(a) For the purposes of this subsection, installation shall mean the date that the storage tank system or system component placement or construction begins.

(b) For new facilities, which are facilities that began construction after January 11, 2017, a completed Form 62-762.901(2), Storage Tank Facility Registration Form (Registration Form), effective date, July 2019, hereby adopted and incorporated by reference, shall be submitted in electronic or paper format to the Department no later than 30 days prior to installation. For facilities with existing registered storage tank systems, a completed Registration Form shall be submitted in electronic or paper format to the Department no later than seven days prior to regulated substances being put into any new storage system. The Department encourages the electronic submittal of the Registration Form available online here: http://www.fldepportal.com/go/submit-registration/, or to obtain copies of the form see rule 62-762.901, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-10743, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(2) For a change in service status or closure pursuant to rules 62-762.801 and 62-762.802, F.A.C., a completed Registration Form shall be submitted in paper or electronic format to the Department within 10 days after completion of the change in service status or closure pursuant to subparagraph 62-762.801(2)(b)8., or 62-762.802(3)(b)8., F.A.C., as applicable.

(3) A completed Registration Form shall be submitted to the Department in paper or electronic format within 10 days of the following changes or discovery:

(a) Any change in the account owner, defined as the party responsible for payment of registration fees at the facility location, owner or operator of a facility or of a storage tank system;

(b) Any change or correction in the information reported in the Registration Form. A change within the same blend of regulated substances should not be reported (e.g., regular unleaded to premium unleaded gasoline); and,

(c) The discovery of an unregistered storage tank system.

(4) Registration fees.

(a) Registration fees are due from the account owner for all storage tank systems and compression vessels, required to be registered, except for:

1. Storage tank systems and compression vessels that have been properly closed in accordance with subsections 62-762.801(2) and 62-762.802(3), F.A.C.; and,

2. Storage tank systems and compression vessels at federally-owned or operated facilities.

(b) A fee of $50.00 per storage tank or compression vessel shall be submitted for each initial registration of a storage tank system or compression vessel. The fee shall be paid within 30 days after receipt of an invoice by the Department.

(c) A renewal fee of $25.00 for each storage tank with a capacity of 250,000 gallons or less and for each compression vessel shall be paid to the Department by July 1 each year.

(d) For new account owners of currently registered storage tank systems, a fee of $25.00 per tank shall be paid to the Department within 30 days of receipt of an invoice from the Department.

(e) A renewal fee of one dollar per every 10,000 gallons of storage capacity for each storage tank with a storage capacity greater than 250,000 gallons, shall be paid to the Department each year, not to exceed $1,000.00 per storage tank.

(f) A fee of $25.00 per storage tank shall be paid to the Department for each storage tank or compression vessel that is replaced within 30 days after receipt of an invoice by the Department.

(g) Late fees. Any payment made more than 30 days after the date it is due is delinquent and the registrant must pay an additional fee of $20.00 for each tank for which the payment is overdue.

(h) In no circumstance will the owner or operator of any facility pay an annual fee greater than $5,000.00 for all regulated substance storage tanks located at the facility.

(i) In no circumstance will the owner or operator of any facility pay an annual fee greater than $2,500.00 for all registered compression vessels and hazardous substance storage tanks located at the facility.

(j) Upon receipt of payment of all applicable registration fees, each facility shall receive a registration placard, pursuant to section 376.3077, F.S. The placard shall be displayed in plain view in the office, kiosk, or at another suitable location at the facility where the storage tank system is located. Posted on the Department website will be information regarding those motor fuel facilities who have delinquent registration fees. To access this information go to: https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(5) Unless a valid registration placard is displayed in plain view as required by paragraph 62-762.401(4)(i), F.A.C., no motor fuel may be deposited into a storage tank required to be registered pursuant to this rule. Facility owners, operators, and suppliers are each responsible for compliance with this provision. For the purposes of this rule, motor fuels mean petroleum products, including petroleum products blended with biofuels, used for the operation of a motor or engine.

Editorial Note: Portions of this rule were relocated to Rule 62-762.421, F.A.C., on 1-11-2017.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.3077 FS. History–New 6-21-04, Amended 1-11-17, 7-9-19, 6-26-23.

Fla. Admin. Code R. 62-762.410 Registration Fees

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.410, Repealed 9-30-96.

Fla. Admin. Code R. 62-762.411 Notification

(1) For Installations:

(a) For the purposes of this subsection, installation shall mean the date that the storage tank system or system component placement or construction will begin.

(b) Notification shall be received by the County in writing or electronic format between 30 and 45 days before installation of a storage tank system or system component unless the County agrees to a shorter time period.

(c) Notification shall also be received by the County in writing or electronic format between 48 and 72 hours prior to the installation work to confirm the date and time of the scheduled activities.

(2) For change in service status and closure:

(a) Notification shall be received by the county in writing or electronic format between 30 and 45 days before the initiation of the work related to the change in service status or closure unless the county agrees to a shorter time period.

(b) Notification shall also be received by the county in writing or electronic format between 48 and 72 hours prior to the initiation of the work related to the change in service status or closure to confirm the date and time of the scheduled activities.

(c) A Closure Integrity Evaluation Report Form for ASTs 62-762.901(7), (Closure Integrity Report), effective date, October 2019, hereby adopted and incorporated by reference, as prepared in accordance with paragraph 62-762.801(3)(a) or 62-762.802(4)(a), F.A.C., must be provided to the county with the notification of closure. To obtain copies of this form see Rule 62-762.901, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-10744, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(3) Internal Inspections. Notification shall be received by the county in writing or electronic format between 10 and 25 days before the initiation of the work unless the county agrees to a shorter time period for inspections in accordance with Tank Inspection, Repair, Alteration, and Reconstruction, API Std 653, 5th Edition, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, DC 20005, (202)682-8000, or at http://www.api.org/; and for piping integrity testing pursuant to Piping Inspection Code: In-service Inspection, Rating, Repair, and Alteration of Piping Systems, API 570, 4th Edition, February 2016, including Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, DC 20005, (202)682-8000, or at http://www.api.org/. Smaller field erected tanks with capacities less than 250,000 gallons shall be inspected in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020); or Standard for the Inspection of Aboveground Storage Tanks, STI SP001, 6th Edition, January 2018, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at STI, 944 Donata Court, Lake Zurich, IL 60047, (847)438-8265, or at https://www.steeltank.com/. Notification is not required for any STI SP001, January 2018, API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), and API 570, February 2016, including Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), inspection work or activities where the tank or piping will remain in service or will not be empty, or for routine maintenance.

(4) Notification of the discovery of an incident shall be made to the County in writing or electronic format on Form 62-762.901(6), Incident Notification (INF), effective date, January 2017, hereby adopted and incorporated by reference, within 72 hours of the discovery or close of the County’s next business day; however, an INF need not be submitted if, within 72 hours of discovery, the investigation of the incident in accordance with rule 62-762.431, F.A.C., confirms that a discharge did or did not occur. To obtain copies of this form see Rule 62-762.901, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-07692, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(5) Except as provided in subsection 62-762.441(5), F.A.C., notification of the discovery of a discharge shall be made to the County in writing or electronic format on Form 62-762.901(1), Discharge Report Form (DRF), effective date, June 2023, hereby adopted and incorporated by reference, within 24 hours or before the close of the County’s next business day. To obtain copies of this form see Rule 62-762.901, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-15412, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(6) Notification is not required for Temporary Out-of-Service or for minor repairs to gauges, vents, or other equipment that is attached to the top of a storage tank.

(7) Facility owners and operators are advised that notice must be provided through the State Watch Office if the discharge is a reportable pollution release as defined by Section 403.077, F.S.

Editorial Note: Portions of this rule were copied from Rule 62-762.451, F.A.C., on 1-11-2017.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.30, 376.303, 403.077 FS. History–New 1-11-17, Amended 10-17-19, 6-26-23.

Fla. Admin. Code R. 62-762.421 Financial Responsibility

(1) Financial responsibility is the ability to pay for cleanup of a discharge and third-party liability resulting from a discharge of petroleum or petroleum product at the facility.

(2) Financial responsibility shall be maintained and demonstrated to the County or Department for all storage tank systems until the storage tank systems are properly closed pursuant to subsections 62-762.801(2) and (3), and 62-762.802(3) and (4), F.A.C., and the Closure Report or the Limited Closure Report Form for ASTs 62-762.901(8), effective date, October 2019, hereby adopted and incorporated by reference, is submitted to and approved by the County or the Department. To obtain copies of Form 62-762.901(8), see Rule 62-762.901, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-10745, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference. Pursuant to Section 376.309(1), F.S., the facility owner is required to establish and maintain evidence of financial responsibility and is liable in event of noncompliance. If the facility owner, facility operator, tank owner, and tank operator are separate persons, then evidence of financial responsibility may be demonstrated if one of those persons obtains financial responsibility on behalf of the facility owner.

(3) The demonstration of financial responsibility for storage tank systems shall be made in accordance with reference guideline Technical Standards And Corrective Action Requirements For Owners And Operators Of Underground Storage Tanks (UST), Financial Responsibility, 40 CFR Part 280, Subpart H, Financial Responsibility, revised July 15, 2015, which is adopted and incorporated by reference in subsection 62-761.420(3), F.A.C., and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15341, except that:

(a) Department Form 62-761.900(3) Financial Mechanisms for Storage Tanks, June 2023, shall be used in lieu of the United States Environmental Protection Agency’s financial wording. Form 62-761.900(3), effective June 2023, is adopted and incorporated by reference in subsection 62-761.420(3), F.A.C., and available on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-financial-responsibility, or here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15410;

(b) All references to underground storage tank(s) (UST) within 40 CFR Part 280, Subpart H, as adopted by reference herein, shall mean aboveground storage tank(s) (AST);

(c) Owners or operators of petroleum or petroleum product aboveground storage tanks must demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum or petroleum product aboveground storage tanks in at least the following per-occurrence and annual aggregate amounts:

1. For a facility with a storage tank system or systems with a cumulative capacity greater than 550 gallons and less than or equal to 10,000 gallons, the demonstration of financial responsibility for cleanup of a discharge and third-party liability shall be a minimum of $500,000.00 per incident, and $1,000,000.00 million annual aggregate.

2. For a facility with a storage tank system or systems with a cumulative capacity greater than 10,000 gallons and less than or equal to 30,000 gallons, the demonstration of financial responsibility for cleanup of a discharge and third-party liability shall be a minimum of $1,000,000.00 million per incident, and $1,000,000.00 million annual aggregate.

3. For a facility with a storage tank system or systems with a cumulative capacity greater than 30,000 gallons and less than or equal to 250,000 gallons the demonstration of financial responsibility for cleanup of a discharge and third-party liability shall be a minimum of $1,000,000.00 million per incident, and $2,000,000.00 million annual aggregate.

4. For a facility with a storage tank system or systems with a cumulative capacity greater than 250,000 gallons, the demonstration of financial responsibility for cleanup of a discharge and third-party liability shall be a minimum of $3,000,000.00 million per incident, and $6,000,000.00 million annual aggregate.

(4) The appropriate part(s) of Form 62-761.900(3) shall be completed and maintained when demonstrating proof of financial responsibility under this rule, and Form 62-761.900(3) Part P will satisfy the Certification of Financial Responsibility requirements of 40 CFR 280.111(b)(11). Facility owners shall ensure that copies of the current financial responsibility document(s) are available for inspection at the facility where the storage tank system(s) is located or at their place of business. Records kept off-site shall be made available for inspection by the Department or County within five business days from the receipt of the Department’s or County’s request. Facility owners are required to maintain evidence of financial responsibility mechanisms in accordance with paragraph 62-762.711(3)(j), F.A.C., and are encouraged to maintain all correspondence associated with coverage and claims.

(5) Financial requirements for the purpose of this rule, regardless of the date of installation of storage tank systems, shall comply with this rule.

(6) Notwithstanding the facility owner’s financial responsibility status, those persons specified in sections 376.308(1), and 403.141 and 403.161, F.S., shall be liable for any discharge at the facility.

(7) Financial responsibility mechanisms may not include choice of law and venue in favor of jurisdictions other than Florida.

(8) Government-owned facilities demonstrating proof of financial assurance using a financial test or government fund must prepare the relevant parts of Form 62-761.900(3) within 180 days after the close of each succeeding fiscal year.

Editorial Note: Portions of this rule were copied from Rule 62-762.401, F.A.C., on 1-11-2017.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.308, 376.309, 403.091, 403.141, 403.161 FS. History-New 1-11-17, Amended 10-17-19, 4-1-21, 6-26-23.

Fla. Admin. Code R. 62-762.431 Incidents

(1) Incidents include:

(a) The following positive responses of release detection devices or methods described in Rules 62-762.601 and 62-762.602, F.A.C.:

1. Any visual inspection of any part of a storage tank system, dispenser, pipe, valve, pump, or other wetted portion of the system containing regulated substances that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems,

2. Any visual observation of regulated substances in a containment sump,

3. Any alarm that indicates that liquid, vacuum, or pressure monitoring levels are not being maintained; or that liquid, other than condensate, has been detected by a sensor in a normally dry interstice or a dispenser, piping, hydrant, or containment sump,

4. Any visual observation that indicates that liquid level hydrostatic monitoring levels are not being maintained,

5. Any complete loss of vacuum or a 50 percent change in pressure from one month to the next, or any change in pressure exceeding 50 percent of the initial level or of a pressure level that is reestablished at the time of an incident investigation or annual testing of the gauge,

6. Any visual inspection that indicates the presence of water, other than condensate, or regulated substances in the interstice,

7. Any instance where a mechanical line leak detector is restricting flow,

8. Any instance where an electronic line leak detector has shut off power to the pump; and,

9. Any instance where a monitoring device has shut off the pump.

(b) A failed integrity test for the following components:

1. Double-bottomed field erected storage tanks,

2. Double-walled integral piping,

3. Hydrant sumps; and,

4. Spill containment systems.

(c) The presence of odors of regulated substances from surface water or groundwater, soil, basements, sewers, and utility lines at a facility or in the surrounding area from which it could be reasonably concluded that a release or discharge may have occurred;

(d) The loss of regulated substances from a storage tank system exceeding 100 gallons on impervious surfaces, other than secondary containment, such as driveways, airport runways, or other similar asphalt or concrete surfaces, provided that the loss does not come in contact with pervious surfaces;

(e) The loss of a regulated substance exceeding 500 gallons inside a dike field area with secondary containment; and,

(f) A failed Closure Integrity Evaluation.

(2) If an incident occurs at a facility, actions shall be initiated within 24 hours of discovery to investigate the incident to determine if a discharge has occurred.

(3) Notification of the discovery of any incident shall be made to the county on an INF in writing or electronic format within 72 hours of the discovery or before the close of the county’s next business day. However, an INF is not required to be submitted if, within 72 hours of discovery, the investigation of the incident confirms that a discharge did or did not occur.

(4) In cases where an INF is required to be submitted, the investigation shall be completed within 14 days of the date of discovery of the incident to determine if a discharge has occurred. Incident investigations that require additional time can be extended for cause with the prior written approval of the Department or the county. For cause includes issues that are out of the control of the owner such as a local government permitting delay, lack of contractor availability within the 14-day time period, or engineering constraints.

(5) At the end of the 14 day time period to investigate the incident, or at the end of an alternate time period approved by the Department or the county, a determination must be made as to whether the incident was a discharge. If the incident was a discharge, then a DRF shall be submitted in writing or electronic format to the county. If the incident was not a discharge, then a written confirmation and explanation that the incident was not a discharge shall be submitted in writing or electronic format to the county.

(6) The removal of any release of regulated substances into secondary containment shall be initiated within three days of discovery, and completed within 30 days of discovery.

(7) If a discharge is discovered at any time during the incident investigation, the discharge shall be reported on a DRF in writing or electronic format, within 24 hours of discovery or before the close of the next business day, and a discharge response shall be initiated in accordance with subsection 62-762.441(6), F.A.C.

(8) All incidents, as identified in subsection 62-762.431(1), F.A.C., regardless of whether an INF is required to be submitted, shall be documented and records kept until storage tank system closure in accordance with Rule 62-762.711, F.A.C. Test results or reports, which support the investigation findings, shall be maintained as records.

Editorial Note: Portions of this rule were copied from Rule 62-762.821, F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 1-11-17, Amended 10-17-19.

Fla. Admin. Code R. 62-762.441 Discharges

(1) Discharges include:

(a) Laboratory analytical results of surface water or groundwater samples indicating the presence of contamination by regulated substance contaminants of concern listed in Table B in Chapter 62-780, F.A.C., that exceed the groundwater or surface water Cleanup Target Levels in Chapter 62-777, F.A.C.;

(b) Laboratory analytical results of soil samples indicating the presence of contamination by regulated substance contaminants of concern listed in Table B in Chapter 62-780, F.A.C., that exceed the lower of direct exposure residential or leachability based on groundwater criteria cleanup target levels in Chapter 62-777, F.A.C.;

(c) The presence of free product, a visible sheen, sludge, or emulsion of a regulated substance, or a regulated substance that is visibly observed in soil, on or in surface water, in groundwater samples, on basement floors, in open drainage ditches, in open excavations or trenches, in subsurface utility conduits or vaults, or in sewer lines at the facility; and,

(d) A spill or overfill of a regulated substance to a pervious surface, except as provided in subsection 62-762.441(5), F.A.C.

(2) Upon discovery of a discharge, the owner or operator shall report the discharge to the county on a DRF within 24 hours or before the close of the county’s next business day. If, however, this discovery is thought to be a previously reported discharge, the owner or operator will have 30 days to investigate and submit supporting documentation or a DRF.

(3) Copies of laboratory analytical results that confirm a discharge shall be submitted to the county within 24 hours of receipt of the results or before the close of the next business day in writing or electronic format.

(4) A request for a retraction of a submitted DRF shall be submitted to the county or the Department in writing or electronic format if evidence is presented that a discharge did not occur at the facility.

(5) A DRF does not need to be submitted:

(a) For a discharge that was previously reported to the appropriate county or the Department on a DRF;

(b) For petroleum or petroleum product de minimis discharges in accordance with subsection 62-780.560(1), F.A.C., or

(c) For non-petroleum de minimis discharges in accordance with Rule 62-780.550, F.A.C.

(6) Discharge response. When evidence of a discharge from a storage tank system is discovered, the following actions shall be taken:

(a) Fire, explosion, and vapor hazards shall be identified and mitigated;

(b) Actions shall be taken immediately to contain, remove, and abate the discharge under all applicable Department rules (e.g., Chapter 62-780, F.A.C., Contaminated Site Cleanup Criteria). Owners and operators are advised that other federal, state, or local requirements apply to these activities. If the contamination present is subject to the provisions of Chapter 62-780, F.A.C., corrective action, including free product recovery, shall be performed in accordance with Chapter 62-780, F.A.C.;

(c) Each component of the storage tank system shall be integrity tested within three days of discovery of the discharge if the source or cause of the discharge is unknown;

(d) The storage tank system component that is discharging shall be isolated from the system within three days of discovery of the discharge. If the component cannot be isolated from the system, within three days of determining that the component is discharging, the storage tank system shall not operate, dispense, nor accept deliveries, or shall be placed out-of-service in accordance with Rule 62-762.801 or 62-762.802, F.A.C., until the component can be repaired or replaced;

(e) If the storage tank system component that was found to be discharging will be repaired, it shall be repaired in accordance with Rule 62-762.701 or 62-762.702, F.A.C.;

(f) If the storage tank system component that was found to be discharging will be replaced, it shall meet the storage tank system requirements in accordance with Rules 62-762.501 or 62-762.502, F.A.C.; and,

(g) If the storage tank system component that was found to be discharging will not be repaired or replaced, the component shall remain isolated from the storage tank system. In cases where the component cannot be isolated from the storage tank system, the system shall remain out-of-service or shall be closed in accordance with Rule 62-762.801 or 62-762.802, F.A.C.

Editorial Note: Portions of this rule were copied from Rule 62-762.821, F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 1-11-17.

Fla. Admin. Code R. 62-762.450 Notification and Financial Responsibility

History

• Rulemaking Authority 376.303, 376.309, 376.322(3) FS. Law Implemented 376.303, 376.309, 376.322(3) FS. History–New 3-12-91, Formerly 17-762.450, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.451 Notification and Reporting

History

• Rulemaking Authority 376.303, 376.309 FS. Law Implemented 376.303, 376.309 FS. History–New 6-21-04, Repealed 1-11-17.

Fla. Admin. Code R. 62-762.460 Reporting

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.460, Repealed 9-30-96.

Fla. Admin. Code R. 62-762.480 Financial Responsibility

History

• Rulemaking Authority 376.303, 376.309 FS. Law Implemented 376.303, 376.309 FS. History–New 3-12-91, Formerly 17-762.480, Repealed 9-30-96.

Fla. Admin. Code R. 62-762.500 Performance Standards for New Storage Tank Systems

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.500, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.501 System Requirements for Shop Fabricated Storage Tanks

(1) General requirements.

(a) Wellhead Protection. Persons are advised that Chapter 62-521, F.A.C., contains restrictions regarding the location of storage tank systems within 500 feet of a potable water well.

(b) Secondary containment.

1. The materials used for secondary containment shall be:

a. Impervious to the regulated substances being stored in the storage tank system and able to withstand deterioration from external environmental conditions,

b. Non-corrosive or of corrosion-protected materials; and,

c. Of sufficient thickness and strength to withstand hydrostatic forces at maximum capacity to prevent a discharge.

2. Synthetic liners, unless previously approved by the Department, shall be designed and tested in accordance with Test Methods, Test Properties and Testing Frequency for High Density Polyethylene (HDPE) Smooth and Textured Geomembranessm, GRI - GM13 Standard Specification, Rev. 16, March 2021, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at Geosynthetic Institute, 475 Kedron Avenue, Folsom, Pennsylvania 19033-1208, (610)522-8440, or at http://www.geosynthetic-institute.org/, and be registered with the Department in accordance with subsection 62-762.851(2), F.A.C. Liners shall not be constructed or consist of naturally occurring in-situ soils.

3. Secondary containment constructed of concrete shall be:

a. Designed and constructed in accordance with Control of Cracking in Concrete Structures (Reapproved 2008), ACI 224R-01, (Reapproved 2008), incorporated by reference in paragraph 62-762.201(33)(b), F.A.C., and Design Considerations for Environmental Engineering Concrete Structures, ACI 350.4R-04, 2004 Edition, American Concrete Institute (ACI), incorporated by reference in paragraph 62-762.201(33)(b), F.A.C., or

b. Lined in accordance with SSPC-TU 2/NACE 6G197, February 1997, incorporated by reference in subparagraph 62-762.201(33)(b)2., F.A.C., unless previously lined in accordance with Coatings and Linings over Concrete for Chemical Immersion and Containment Service, NACE Standard SP0892-2007 (formerly RP0892), 2007 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at AMPP, 15835 Park Ten Place, Houston, Texas 77084, or at https://www.ampp.org/home, and be registered with the Department in accordance with subsection 62-762.851(2), F.A.C., or

c. Designed, evaluated, and certified by a professional engineer licensed in the State of Florida that the concrete secondary containment system meets the general construction requirements specified in subparagraph 62-762.501(1)(b)1., F.A.C.

4. Secondary Containment constructed with other materials, including clay liner materials shall be impervious and registered in accordance with subsection 62-762.851(2), F.A.C.

5. For cathodically protected tanks and integral piping, secondary containment systems shall not interfere with the operation of the cathodic protection system.

6. For VCI protected tanks, the secondary containment system shall provide containment for the vapor corrosion inhibitors.

7. Secondary containment systems shall be designed and installed to direct any release to a monitoring point or points.

8. If factory-made single-walled spill containment systems or single-walled sumps are installed on the system, a containment integrity test shall be performed before the component is placed into service in accordance with the manufacturer’s testing requirements. For system components without manufacturer containment testing specifications, PEI/RP1200-19, 2019 Edition shall be used. PEI/RP1200-19 is the Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, or the publisher’s website at www.pei.org/. For field-fabricated components the tests shall be at least for 24 hours in accordance with manufacturer’s requirements.

9. An interstitial integrity test shall be performed on each double-walled or double-bottomed storage tank with a closed interstice after it is delivered and placed at its final location at the facility, and before the storage tank is placed into service. This test shall be performed in accordance with the manufacturer’s testing specifications. For storage tanks without manufacturer interstitial integrity testing requirements, PEI/RP200-19, 2019 Edition, shall be used. PEI/RP200-19 is the Recommended Practices for Installation of Aboveground Storage Systems for Motor Vehicle Fueling, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, or at www.pei.org/. For closed top dike double-walled UL 142 storage tanks with an open interstice not capable of being pressurized, manufacturer’s inspection instructions in accordance with the UL 142 storage tank’s equipment registration pursuant to subsection 62-762.851(2), F.A.C., must be performed for structural or other damage to the storage tank after it is delivered and placed at its final location at the facility, and before the storage tank is placed into service. If manufacturer instructions are unavailable, a visual inspection must be performed for structural or other damage to the storage tank after it is delivered and placed at its final location at the facility, and before the storage tank is placed into service.

10. Before integral piping is placed into service, an interstitial integrity test shall be performed on double-walled small diameter integral piping in contact with the soil, or that transports regulated substances over surface waters of the state, in accordance with Recommended Practices for Installation of Underground Liquid Storage Systems, PEI/RP100-20, 2020 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, or at www.pei.org/, and PEI/RP1200-19, 2019 Edition.

11. If double-walled spill containment systems are installed, an interstitial integrity test shall be performed in accordance with the manufacturer’s testing requirements. For system components without manufacturer interstitial integrity testing specifications, PEI/RP1200-19, 2019 Edition, shall be used before the spill containment system is placed into service.

(c) Cathodic protection.

1. Test stations. Cathodic protection systems shall be designed, constructed, and installed with test stations in accordance with NACE standards contained in paragraph 62-762.211(2)(g), F.A.C., or another method of monitoring to allow for a determination of current operating status. Cathodic protection test stations shall provide direct access to the soil electrolyte in close proximity to each cathodically protected structure for placement of reference electrodes, and monitoring wires that connect directly to cathodically protected structures. Facilities where direct access to soil in close proximity to cathodically protected structures is present, and where electrical connections to cathodically protected structures can be conveniently accomplished, need not have separate dedicated cathodic protection test stations.

2. The cathodic protection system shall be operated and maintained in accordance with subsection 62-762.701(2), F.A.C.

3. Any field-installed cathodic protection system shall be designed and installed by or under the direction of a Corrosion Professional.

(d) Corrosion Protection with Vapor Corrosion Inhibitors (VCI)

1. Testing locations for vapor corrosion inhibitors. Vapor Corrosion Inhibitor technologies registered with the Department in accordance with subsection 62-762.851(2), F.A.C., provide an alternative to cathodic protection for protection of metal surfaces within the secondary containment. Vapor corrosion inhibitors (VCI) effectiveness shall be established by the use of electrical resistance probes located in testing locations as recommended by a Corrosion Professional to monitor corrosion rates.

2. Any field-installed VCI protection system shall be designed and installed by or under the direction of a Corrosion Professional and the VCI manufacturer’s certified installer. The VCI protection system shall be operated and maintained in accordance with subsection 62-762.701(3), F.A.C.

(e) Compatibility. The primary and secondary walls of storage tank systems shall be made of, or internally lined with, materials that are compatible with the regulated substance stored in the storage tank systems and with substances or conditions present in the environment. All storage tank systems containing blends of ethanol, biodiesel, or other biofuels and additives shall be compatible with regulated substances stored in the storage tank systems.

(f) Exterior coatings. Exterior portions of tanks and integral piping shall be coated or otherwise protected from external corrosion. The coating shall be designed and applied to resist corrosion, deterioration, and degradation of the exterior wall.

(g) All components of a storage tank system shall be installed in accordance with the manufacturer’s instructions.

(h) All storage tank systems shall be installed in accordance with the applicable provisions of:

1. Flammable and Combustible Liquids Code, Storage of Liquids in Tanks – Aboveground Storage Tanks, Chapter 22 of NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.,

2. Code for Motor Fuel Dispensing Facilities and Repair Garages, NFPA 30A, 2021 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02169, (617)770-3000, or at www.nfpa.org/,

3. Process Piping, ASME B31.3, 2020 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at ASME International, 22 Law Drive, Box 2900, Fairfield, New Jersey 07007-2900, (800)843-2763, or the publisher’s website at http://www.asme.org/;

4. PEI/RP200-19, 2019 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)9., F.A.C.; and,

5. Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems, PEI/RP1400-21, 2021 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at PEI, Post Office Box 2380, Tulsa, Oklahoma 74101-2380, (918)494-9696, or at www.pei.org/.

(i) Whenever integral piping in contact with the soil is installed or relocated after January 11, 2017, a survey drawing of the underground integral piping, signed and sealed by a professional land surveyor or professional engineer licensed in the State of Florida, shall be completed and maintained as a record in accordance with Rule 62-762.711, F.A.C.

(2) Storage tank installation.

(a) In addition to the requirements of paragraph 62-762.501(1)(h), F.A.C., storage tank systems shall be installed according to the applicable provisions of Installation Instructions for Shop Fabricated Aboveground Storage Tanks for Flammable, Combustible Liquids, STI R912, Revised November 2015, hereby adopted and incorporated by reference, and available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at STI, 944 Donata Court, Lake Zurich, IL 60047, (847)438-8265, or at https://www.steeltank.com/.

(b) Storage tank construction requirements.

1. Storage tanks shall be constructed in accordance with one of the following requirements hereby adopted and incorporated by reference and, and a copyright protected document, is available for inspection from the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C.:

a. Standard for Steel Aboveground Tanks for Flammable and Combustible Liquids, UL 142, January 2021, 10th Edition. To obtain this reference from the publisher, see paragraph 62-762.211(2)(m), F.A.C.,

b. Welded Tanks for Oil Storage, API Std 650, 13th Edition, March 2020, incorporated by reference in subsection 62-762.201(67), F.A.C. To obtain this reference from the publisher, see paragraph 62-762.211(2)(b), F.A.C.,

c. Specification for Fiberglass Reinforced Plastic Tanks, API Spec 12P, 4th Edition, Feburary 2016. To obtain this reference from the publisher, see paragraph 62-762.211(2)(b), F.A.C.,

d. Standard for Aboveground Tanks with Integral Secondary Containment, STI F921®, Revised June 2016. To obtain this reference from the publisher, see paragraph 62-762.211(2)(l), F.A.C.,

e. Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids, UL 2085, December 1997, Revised September 2010, 2nd Edition. To obtain this reference from the publisher, see paragraph 62-762.211(2)(m), F.A.C.,

f. Steel Tank Institute Standard for Fire Tested Tanks Flameshield®, STI F001, April 2017. To obtain this reference from the publisher, see paragraph 62-762.211(2)(l), F.A.C.,

g. Fireguard: Specification for Fireguard Protected Aboveground Storage Tanks, STI F941, June 2016. To obtain this reference from the publisher, see paragraph 62-762.211(2)(l), F.A.C.,

h. Standard for Aboveground Tanks Used as a Generator Base Tank, STI F011, November 2021. To obtain this reference from the publisher, see paragraph 62-762.211(2)(l), F.A.C., or

i. Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems, PEI/RP1400-14, 2014 Edition, to obtain this reference from the publisher, see paragraph 62-762.211(2)(j), F.A.C.

2. Storage tanks that meet the above performance requirements, that are constructed of equivalent material, or have an equivalent design shall be registered with the Department in accordance with subsection 62-762.851(2), F.A.C.

(c) Cathodic and corrosion protection. Steel tanks in contact with the soil shall have a cathodic or corrosion protection system meeting the following requirements:

1. The cathodic protection system shall be designed, constructed, and installed in accordance with Cathodic Protection of Aboveground Petroleum Storage Tanks, API RP 651, 4th Edition, September 2014, hereby adopted and incorporated by reference, and available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, D.C. 20005, (202)682-8000, or at http://www.api.org/; and Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms (formerly External Cathodic Protection of On-Grade Carbon Steel Storage Tank Bottoms), NACE Standard SP0193-2016-SG (formerly RP0193-2001), 2016 Edition, hereby adopted and incorporated by reference, and available at the Department address listed in subsection 62-762.211(1), F.A.C., or from the publisher at NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906, (800)797-6223, or at http://www.nace.org/,

2. A field-installed cathodic protection system shall be designed and installed by or under the direction of a Corrosion Professional,

3. The cathodic protection system shall be designed and installed with at least one test station in accordance with subparagraph 62-762.501(1)(c)1., F.A.C., or a method of monitoring to allow for a determination of current operating status; and,

4. The cathodic protection system shall be operated and maintained in accordance with subsection 62-762.701(2), F.A.C.

5. Storage tank systems using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62-762.851(2), F.A.C., shall be designed and installed under the direction of a Corrosion Professional, and be installed with at least one electrical resistance probe test location, or a method of monitoring to allow for a determination of the corrosion rate on the underside of the tank floor, or other interstitial or metallic surface. The VCI system shall be designed and installed in accordance with the requirements specified in subsection 62-762.701(3), F.A.C.

(d) Secondary containment.

1. All storage tanks, including those that contain used oil, shall have secondary containment.

2. Storage tanks containing high viscosity products are exempt from the requirements for secondary containment.

3. Dike field areas with secondary containment shall:

a. Conform to the requirements of Chapter 22 of NFPA 30, 2021 Edition, Flammable and Combustible Liquids Code, Storage of Liquids in Tanks – Aboveground Storage Tanks,

b. Contain a minimum of 110 percent of the maximum capacity of the storage tank located within the dike field area, or of the largest single-walled storage tank located within a dike field area containing more than one storage tank. For dike field areas containing more than one storage tank, capacity calculations shall be made after deducting the volume of the storage tanks, other than the largest storage tank, below the height of the dike,

c. Be constructed, if not roofed or otherwise protected from the accumulation of rainfall, with either:

(I) A siphon to remove accumulated liquids or a drainage system that allows the continuous discharge of water but functions to automatically stop the flow of all liquids upon the presence of regulated substances, or

(II) A gravity drain pipe which has a manually controlled valve, normally closed, or a manually controlled pump. Gravity drain pipes shall be designed and constructed to prevent a discharge in the event of fire; and,

d. Have all integral piping and other penetrations that pass through the secondary containment of dike field areas sealed around the penetration with an impervious compatible material to prevent the discharge of regulated substances.

(e) Overfill protection.

1. Owners or operators shall ensure that the volume available in the storage tank is greater than the volume of regulated substances to be transferred to the storage tank before the transfer is made and shall ensure that any transfer is repeatedly monitored to prevent overfilling and spilling, and no storage tank shall be filled beyond 95 percent capacity.

2. All storage tanks shall be equipped with at least one of the following overfill protection devices or containment method:

a. A level gauge or other measuring device that accurately shows the level of regulated substances in the storage tank, and is visible to the transfer operator,

b. A high level (at 90 percent tank capacity) warning alarm that is either visible, audible, or both to the transfer operator and the transfer operator is to ensure the tank is not filled beyond 95 percent capacity,

c. A high level (at 95 percent tank capacity) liquid flow cutoff controller, or

d. An impervious dike field area designed to contain overfills.

3. All overfill protection devices shall be tested for operability at installation and test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C.

4. Effective October 17, 2019, owners and operators shall:

a. Designate a primary overfill protection device used to meet the requirements in subparagraph 62-762.501(2)(e)2., F.A.C., and any additional overfill devices shall not interfere with the designated primary device; and,

b. Ensure the designated primary overfill protection device is registered pursuant to registration of storage tank system equipment and release detection systems and methods, subsection 62-762.851(2), F.A.C.

5. An annual operability test shall be performed on the designated primary overfill protection device used to meet the Department’s overfill protection requirement at intervals not exceeding 12 months to ensure proper operation and test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C. An annual operability test will be deemed timely if performed within the same calendar month in which the test is due.

6. Storage tanks with capacities of 15,000 gallons or less that do not receive delivery by a mated (joined) tight fill adaptor connection of the delivery hose to the tank riser may use calibrated stick measurements for overfill protection, and are not required to be equipped with one of the devices specified in subparagraph 62-762.501(2)(e)2., F.A.C., provided that an inches to gallons chart is posted at the tank fill areas or readily available to the delivery driver. Such tanks shall not be filled beyond 95 percent capacity.

7. Used oil tanks that receive less than 25 gallons at one time are not required to have overfill protection.

(f) Spill containment systems.

1. Storage tanks shall be installed with a spill containment system at each storage tank fill connection, except within dike field areas with secondary containment. The spill containment system shall meet the requirements of paragraph 62-762.501(1)(b), F.A.C., and be registered in accordance with subsection 62-762.851(2), F.A.C.

2. Fillbox covers.

a. Effective June 25, 2024, regardless of the date of installation of the storage tank system, fillbox covers shall be marked or the fill connection tagged and facility signage shall be prominently displayed in accordance with the following document, hereby adopted and incorporated by reference: Using the API Color-Symbol System to Identify Equipment, Vehicles, and Transfer Points for Petroleum Fuels and Related Products at Dispensing and Storage Facilities and Distribution Terminals, API Recommended Practice 1637, 4th Edition, April 2020. API 1637 is a copyright protected document and is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or the American Petroleum Institute information provided in paragraph 62-762.211(2)(b), F.A.C.

b. For storage tank systems storing aviation fuel, regardless of the date of installation of the storage tank system, fillbox covers shall be marked or the fill connection tagged and facility signage shall be prominently displayed in accordance with the following document, hereby adopted and incorporated by reference: Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fuelling Equipment, EI 1542, 9th Edition, July 2012. EI 1542 is a copyright protected document and is available for inspection at the of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or the Energy Institute information provided in paragraph 62-762.211(2)(d), F.A.C.; or

c. An equivalent method may also be approved by the Department using an alternative procedure in accordance with subsection 62-762.851(1), F.A.C.

3. Spill containment systems, including double-walled spill containment systems, shall be installed to allow for release detection in accordance with Rule 62-762.601, F.A.C.

(g) Dispensers and dispenser sumps.

1. The dispenser used for transferring fuels from storage tanks to vehicles or portable containers shall be installed and maintained in accordance with the provisions of NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.; and Chapter 6, Fuel Dispensing Systems; Chapter 9, Operational Requirements; and Chapter 11, Marine Fueling of NFPA 30A Code for Motor Fuel Dispensing Facilities and Repair Garages, 2021 Edition, incorporated by reference in subparagraph 62-762.501(1)(h)2., F.A.C.

2. Dispensers shall be installed with a dispenser sump, except those within an impervious dike field area with secondary containment, meeting the performance requirements of paragraph 62-762.501(1)(b), F.A.C., and registered in accordance with subsection 62-762.851(2), F.A.C. The dispenser sump shall extend beneath the union of the integral piping and the dispenser, including the shear valve, if applicable. Dispensers mounted directly upon the storage tank or that are otherwise associated with storage tank systems that do not have underground integral piping are exempt from this requirement unless the dispensers are located over the surface waters of the state.

3. Dispenser sumps shall be installed to allow for release detection in accordance with Rule 62-762.601, F.A.C. The dispenser sump shall be capable of containing a release for the entire area beneath the dispenser.

(h) Piping sumps.

1. Piping sumps shall meet the performance requirements of paragraph 62-762.501(1)(b), F.A.C., and be registered in accordance with subsection 62-762.851(2), F.A.C. The piping sumps shall be designed, constructed, and installed to minimize water entering the sump.

2. Piping sumps shall be installed to allow for release detection in accordance with Rule 62-762.601, F.A.C.

(i) Hydrant sumps. Underground hydrant sumps shall be installed to prevent the discharge of regulated substances during fueling of aircraft, vessels, or at any other time the hydrant system is in use, and be registered in accordance with subsection 62-762.851(2), F.A.C. Any such equipment shall be sealed to and around the hydrant piping with an impervious, compatible material.

(j) Relocation of storage tanks. Storage tanks that have been removed and reinstalled at a different property shall be re-registered with the Department in accordance with subsection 62-762,401(1), F.A.C. They shall be reinstalled in accordance with manufacturer’s specifications and inspected in accordance with STI SP001, January 2018, incorporated by reference in subsection 62-762.411(3), F.A.C., and with the requirements in Rule 62-762.501, F.A.C.

(3) Small diameter integral piping.

(a) Installation.

1. All integral piping installed after January 11, 2017, shall be installed in accordance with the manufacturer’s instructions, if applicable, and according to the applicable provisions of PEI/RP200-19, 2019 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)9., F.A.C.; Chapter 27 of NFPA 30, 2021 Edition, Flammable and Combustible Liquids Code, Piping Systems, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.; NFPA 30A, 2021 Edition, incorporated by reference in subparagraph 62-762.501(1)(h)2., F.A.C.; and Pipeline Transportation Systems for Liquids and Slurries, ASME B31.4, 2019 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at ASME International, 22 Law Drive, Box 2900, Fairfield, New Jersey 07007-2900, (800)843-2763, or the publisher’s website at http://www.asme.org/.

2. An interstitial integrity test shall be performed on double-walled integral piping that is in contact with the soil, or that transports regulated substances over surface waters of the state in accordance with PEI/RP100-20, 2020 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)10., F.A.C., and PEI/RP1200-19, 2019 Edition, incorporated by reference by subparagraph 62-762.501(1)(b)8., F.A.C., before the integral piping is placed into service.

3. All new integral piping that is not in contact with the soil, shall meet the construction requirements in paragraphs 62-762.501(3)(a) through (c), F.A.C., and shall be UV rated if exposed to sunlight if made of non-metallic materials.

4. New double-walled integral piping that is in contact with the soil shall be installed with a slope to a low point monitoring system. Double-walled integral piping utilizing hydrostatic, pressure or vacuum monitoring are not subject to this requirement.

5. All new pressurized small diameter integral piping that is in contact with the soil must be installed with line leak detectors meeting the requirements of paragraph 62-762.601(4)(b), F.A.C. The line leak detectors must be tested annually, at intervals not exceeding 12 months in accordance with paragraph 62-762.601(1)(b), F.A.C., and be installed in accordance with manufacturer’s instructions. For line leak detectors without manufacturer’s instructions, the installation must be in accordance with Section 7 of PEI/RP200-19, Recommended Practices for Installation of Aboveground Storage Systems for Motor Vehicle Fueling, Pumps and Valves, 2019 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)9., F.A.C.

6. All pressurized small diameter integral piping installed prior to January 11, 2017, that is in contact with the soil must be installed with line leak detectors meeting the requirements of paragraph 62-762.601(4)(b), F.A.C., by January 11, 2018. The line leak detectors must be tested annually at intervals not exceeding 12 months in accordance with paragraph 62-762.601(1)(b), F.A.C., and be installed in accordance with manufacturer’s instructions. The annual test will be deemed timely if performed within the same calendar month in which the test is due. For line leak detectors without manufacturer’s instructions, the installation must be in accordance with Section 7 of PEI/RP200-19, 2019 Edition. Line leak detectors are not required for piping that is not in contact with the soil.

(b) Secondary containment.

1. All small diameter integral piping, including remote fill piping, that is in contact with the soil or that transports regulated substances over surface waters of the state, including those that contain used oil, shall have secondary containment.

2. Small diameter integral piping containing high viscosity products are exempt from the requirements for secondary containment.

3. Single-walled integral piping that is in contact with the soil, and is not exempt pursuant to subparagraph 62-762.501(3)(b)2., F.A.C., shall be immediately and permanently closed in accordance with subsection 62-762.801(2), F.A.C.

(c) Construction.

1. Fiberglass reinforced plastic piping, semi-rigid non-metallic, or other non-rigid piping installed in contact with the soil shall be installed in accordance with Non-metallic Underground Piping for Flammable Liquids, UL 971, May 2021, 2nd Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at UL, 333 Pfingsten Road, Northbrook, Illinois 60062-2096, (847)272-8800, or at www.ul.com/, or certified by a Nationally Recognized Testing Laboratory that these requirements are met, and registered in accordance with subsection 62-762.851(2), F.A.C.

2. Rigid metallic integral piping shall be constructed in accordance with ASME B31.3, 2020 Edition, incorporated by reference in subparagraph 62-762.501(1)(h)3., F.A.C., or PEI/RP200-19, 2019 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)9., F.A.C. In addition, steel integral piping in contact with the soil shall be cathodically protected in accordance with the following documents: Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, API RP 1632, (R2010), 3rd Edition, May 1996, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, DC 20005, (202)682-8000, or at http://www.api.org/; Control of External Corrosion on Underground or Submerged Metallic Piping Systems, NACE Standard SP0169-2013 (formerly RP0169), 2013 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at AMPP, 15835 Park Ten Place, Houston, Texas 77084, (800)797-6223, or at https://www.ampp.org/home; and Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, STI R892, Revised January 2006, hereby adopted and incorporated by and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at STI, 944 Donata Court, Lake Zurich, IL 60047, (847)438-8265, or at https://www.steeltank.com/.

3. Metallic double-walled integral piping constructed of nonferrous materials such as copper shall be constructed in accordance with the requirements in Chapter 27 of NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.

4. Integral double-walled piping constructed of other materials, design, or corrosion protection shall be registered with the Department in accordance with subsection 62-762.851(2), F.A.C.

5. Small diameter integral piping using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62-762.851(2), F.A.C., shall be designed and installed under the direction of a Corrosion Professional, and shall be installed with at least one electrical resistance probe or a method of monitoring to allow for a determination of the corrosion rate within the piping interstice. The VCI system shall be designed and installed in accordance with the requirements specified in subsection 62-762.701(3), F.A.C.

(d) Valves.

1. Shear valves. Pressurized small diameter integral piping systems connected to dispensers shall be installed with shear valves or emergency shutoff valves in accordance with Section 6.3 of NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, Requirements for Dispensing Devices, 2021 Edition. NFPA 30A is incorporated by reference in subparagraph 62-762.501(1)(h)2., F.A.C. These valves shall be designed to close automatically if a dispenser is displaced from its normal position. The valves shall be rigidly anchored independently of the dispenser. The valves shall be tested in accordance with PEI/RP1200-19, 2019 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)8., F.A.C., at the time of installation by a certified contractor to confirm that the automatic closing function of the valve operates properly, and that the valve is properly anchored.

2. Isolation block valves. Any storage tank system, regardless of the date of installation of the storage tank system, located at an elevation that produces a gravity head on small diameter integral piping positioned below the product level in the tank must be installed and maintained with an isolation block valve in accordance with Chapter 22.13 of NFPA 30, 2021 Edition, Flammable and Combustible Liquids Code, Tank Openings Other Than Vents. NFPA 30 is incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.

3. Anti-siphon valves. For storage tank systems that produce a gravity head on small diameter integral piping positioned below the product level in the tank, anti-siphon valves shall be installed and maintained in accordance with Section 7 of PEI/RP200-19, 2019 Edition, and Section 11.2 of NFPA 30A, Marine Fueling, Storage, 2021 Edition. NFPA 30A is incorporated by reference in subparagraph 62-762.501(1)(h)2., F.A.C. For such storage tank systems installed prior to January 11, 2017, anti-siphon valves shall be installed within one year of January 11, 2017. Integral piping located within an impervious dike field area does not require anti-siphon valves.

(4) Bulk product piping associated with shop fabricated storage tanks shall meet the requirements of subsection 62-762.502(4), F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 6-21-04, Amended 1-11-17, 10-17-19, 6-26-23.

Fla. Admin. Code R. 62-762.502 System Requirements for Field Erected Storage Tanks

(1) General requirements.

(a) Wellhead Protection. Persons are advised that Chapter 62-521, F.A.C., contains restrictions regarding the location of storage tank systems within 500 feet of a potable water well.

(b) Secondary containment.

1. The materials used for secondary containment shall be:

a. Impervious to the regulated substances and able to withstand deterioration from external environmental conditions;

b. Non-corrosive or of corrosion-protected materials; and,

c. Of sufficient thickness and strength to withstand hydrostatic forces at maximum capacity to prevent a discharge.

2. Synthetic liners, unless previously approved by the Department, shall be designed and tested in accordance with GRI - GM13 Standard Specification, Rev. 16, March 2021, incorporated by reference in subparagraph 62-762.501(1)(b)2., F.A.C., and be registered with the Department in accordance with subsection 62-762.851(2), F.A.C. Liners shall not be constructed or consist of naturally occurring in-situ soils.

3. Secondary containment constructed of concrete shall be:

a. Designed and constructed in accordance with ACI 224R-01, (Reapproved 2008), and ACI 350.4R-04, 2004 Edition, both incorporated by reference in paragraph 62-762.201(33)(b), F.A.C., or

b. Lined in accordance with SSPC-TU 2/NACE 6G197, February 1997, incorporated by reference in subparagraph 62-762.201(33)(b)2., F.A.C., unless previously lined in accordance with NACE Standard SP0892-2007, (formerly RP0892), 2007 Edition, incorporated by reference in sub-subparagraph 62-762.501(1)(b)3.b., F.A.C., and be registered with the Department in accordance with subsection 62-762.851(2), F.A.C., or

c. Designed, evaluated, and certified by a professional engineer licensed in the State of Florida that the concrete secondary containment system meets the general construction requirements specified in subparagraph 62-762.502(1)(b)1., F.A.C.

4. Secondary Containment constructed with other materials, including clay liner materials, shall be impervious and registered in accordance with subsection 62-762.851(2), F.A.C.

5. For cathodically protected tanks and integral piping, secondary containment systems shall not interfere with the operation of the cathodic protection system.

6. For VCI protected tanks, the secondary containment system shall provide containment for the vapor corrosion inhibitors.

7. Secondary containment systems shall be designed and installed to direct any release to a monitoring point or points.

8. If factory-made containment systems or single-walled sumps are installed on the system, a containment integrity test shall be performed in accordance with manufacturer’s requirements. For system components without manufacturer containment integrity testing specifications, PEI/RP1200-19, 2019 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)8., F.A.C., shall be used before the component is placed into service. For field-fabricated components the tests shall be at least for 24 hours in accordance with manufacturer’s requirements.

9. An interstitial integrity test shall be performed on each double-walled or double-bottomed storage tank with a closed interstice after it is constructed at the facility, and before the storage tank is placed into service. This test shall be performed in accordance with Annex I.6, Testing and Inspection, located in API Std 650, March 2020, incorporated by reference in subsection 62-762.201(67), F.A.C.

10. An interstitial integrity test shall be performed on double-walled small diameter integral piping in contact with the soil, or that transports regulated substances over surface waters of the state, in accordance with PEI/RP100-20, 2020 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)10., F.A.C., and PEI/RP1200-19, 2019 Edition, before the small diameter integral piping is placed into service.

(c) Cathodic protection.

1. Test stations. Cathodic protection systems shall be designed, constructed, and installed with test stations in accordance with NACE standards contained in paragraph 62-762.211(2)(g), F.A.C., or another method of monitoring to allow for a determination of current operating status. Cathodic protection test stations shall provide direct access to the soil electrolyte in close proximity to each cathodically protected structure for placement of reference electrodes, and monitoring wires that connect directly to cathodically protected structures. Facilities where direct access to soil in close proximity to cathodically protected structures is present, and where electrical connections to cathodically protected structures can be conveniently accomplished, need not have separate dedicated cathodic protection test stations.

2. The cathodic protection system shall be operated and maintained in accordance with subsection 62-762.702(2), F.A.C.

3. Any field-installed cathodic protection system shall be designed and installed by or under the direction of a Corrosion Professional.

(d) Corrosion Protection with Vapor Corrosion Inhibitors (VCI).

1. Testing locations for vapor corrosion inhibitors. Vapor Corrosion Inhibitor technologies, registered with the Department in accordance with subsection 62-762.851(2), F.A.C., provide an alternative to cathodic protection for protection of metal surfaces within the secondary containment. VCI effectiveness shall be established by the use of electrical resistance probes located in testing locations as recommended by a Corrosion Professional to monitor corrosion rates.

2. Any field-installed VCI protection system shall be designed and installed by, or under the direction of, a Corrosion Professional and the VCI manufacturer’s certified installer. The VCI protection system shall be operated and maintained in accordance with subsection 62-762.702(3), F.A.C.

(e) Compatibility. The primary and secondary walls of storage tank systems shall be made of, or internally lined with, materials that are compatible with the regulated substance stored in the storage tank systems and with substances or conditions present in the environment. All storage tank systems containing blends of ethanol, biodiesel, or other biofuels and additives shall be compatible with regulated substances stored in the storage tank systems.

(f) Exterior coatings. Exterior portions of tanks and integral piping shall be coated or otherwise protected from external corrosion. The coating shall be designed and applied to resist corrosion, deterioration, and degradation of the exterior wall.

(g) All components of a storage tank system shall be installed in accordance with the manufacturer’s instructions.

(h) All storage tank systems shall be installed in accordance with the applicable provisions of API Std 650, March 2020, incorporated by reference in subsection 62-762.201(67), F.A.C.; NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.; NFPA 30A, 2021 Edition, incorporated by reference in subparagraph 62-762.501(1)(h)2., F.A.C.; ASME B31.3, 2020 Edition, incorporated by reference in subparagraph 62-762.501(1)(h)3., F.A.C.; and PEI/RP200-19, 2019 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)9., F.A.C.

(i) Whenever integral piping in contact with the soil is installed or relocated after January 11, 2017, a survey drawing of the underground integral piping, signed and sealed by a professional land surveyor or professional engineer licensed in the State of Florida, shall be completed and maintained as a record in accordance with Rule 62-762.711, F.A.C.

(2) Storage tank installation.

(a) All storage tank systems shall be installed in accordance the applicable provisions of Chapter 22 of NFPA 30, 2021 Edition.

(b) Storage tank construction requirements.

1. Storage tanks shall be constructed in accordance with one of the following:

a. Design and Construction of Large, Welded, Low-Pressure Storage Tanks, API Std 620, 12th Edition, October 2013, includes Addendum 1 (2014), Addendum 2 (2018) and Addendum 3 (2021), hereby adopted and incorporated by reference and, as a copyright protected document, is available at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, DC 20005, (202)682-8000, or at http://www.api.org/, or

b. API Std 650, March 2020, incorporated by reference in subsection 62-762.201(67), F.A.C.

2. Storage tanks shall be inspected and tested at a frequency established in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), incorporated by reference in subsection 62-762.411(3), F.A.C., and maintained for the life of the tank.

(c) Cathodic and corrosion protection. Steel tanks in contact with the soil shall have a cathodic or corrosion protection system meeting the following requirements:

1. The cathodic protection system shall be designed, constructed, and installed in accordance with API RP 651, 4th Edition, September 2014, incorporated by reference in paragraph 62-762.501(2)(c), F.A.C., or NACE Standard SP0193-2016-SG (formerly RP0193-2001), 2016 Edition, incorporated by reference in subparagraph 62-762.501(2)(c)1., F.A.C. Storage tanks that have been upgraded with secondary containment consisting of a new steel bottom that is not in contact with the soil are not required to have cathodic protection on the new steel bottom,

2. A field-installed cathodic protection system shall be designed and installed by or under the direction of a Corrosion Professional,

3. The cathodic protection system shall be designed and installed with at least one test station in accordance with paragraph 62-762.502(1)(c), F.A.C., or a method of monitoring to allow for a determination of current operating status; and,

4. The cathodic protection system shall be operated and maintained in accordance with subsection 62-762.702(2), F.A.C.

5. Storage tank systems using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62-762.851(2), F.A.C., shall be designed and installed in accordance with the requirements specified in subsection 62-762.702(3), F.A.C., and under the direction of a Corrosion Professional.

(d) Secondary containment.

1. All storage tanks, including those that contain used oil, shall have secondary containment.

2. Storage tanks containing high viscosity products are exempt from the requirements for secondary containment.

3. Dike field areas with secondary containment shall:

a. Conform to the requirements of Chapter 22 of NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.,

b. Contain a minimum of 110 percent of the maximum capacity of the storage tank located within the dike field area, or of the largest single-walled storage tank located within a dike field area including more than one storage tank. For dike field areas containing more than one storage tank, capacity calculations shall be made after deducting the volume of the storage tanks, other than the largest storage tank, below the height of the dike,

c. Be constructed, if not roofed or otherwise protected from the accumulation of rainfall, with either:

(I) A siphon to remove accumulated liquids or a drainage system that allows the continuous discharge of water but functions to automatically stop the flow of all liquids upon the presence of regulated substances, or

(II) A gravity drain pipe which has a manually controlled valve, normally closed, or a manually controlled pump. Gravity drain pipes shall be designed and constructed to prevent a discharge in the event of fire; and,

d. Have all integral piping and other penetrations that pass through the secondary containment of dike field areas sealed around the penetration with an impervious compatible material to prevent the release of regulated substances.

4. Storage tanks where the entire bottom of the tank is in contact with concrete, and the concrete is not sealed in accordance with paragraph 62-762.502(1)(b), F.A.C., do not have to seal the concrete beneath the tank until such time as the tank bottom is replaced. Concrete secondary containment systems designed in accordance with subparagraph 62-762.502(1)(b)3., F.A.C., do not have to be sealed.

5. Instead of installing secondary containment in the entire dike field area in accordance with this subsection, an alternative dike field secondary containment system registered in accordance with subsection 62-762.851(2), F.A.C., may be used. Alternative dike field secondary containment systems are not allowed in public wellhead protection areas. The alternative dike field secondary containment system, regardless of the date of installation of the storage tank system, must provide:

a. Continuous tank shell monitoring with approved probes, cables, or electronic sensors,

b. Immediate electronic notification to the owner or operator of overfills and leaks from the tank shell,

c. Stormwater management,

d. A high and a high-high level overfill alarm system with an annual test of operability, in accordance with Overfill Prevention for Storage Tanks in Petroleum Facilities, API Standard 2350, 5th Edition, September 2020, including Errata 1, April 2021, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, DC 20005, (202)682-8000, or at http://www.api.org/. An annual operability test will be deemed timely if performed within the same calendar month in which the test is due,

e. An impervious overfill retention system that will contain the volume of product that would be transferred at the maximum flow rate for a period of five minutes by the pump(s) used for filling the tank,

f. An automatic system for shutting off the pump(s) used for filling the tank by an electronic signal from the continuous tank shell monitoring system, or an automatic system for the closing of any valve whose actuation time will stop the product transfer without inducing hydraulic hammer into the transfer system. The system must be designed to operate in conjunction with the impervious overfill retention system and be capable of preventing any discharge of product being transferred during and after the time needed to shut off the pump or close the valve,

g. Equipment that is designed to be secondary containment in accordance with paragraph 62-762.502(1)(b), F.A.C., installed around or beneath pumps and valves within the dike field or secondary containment area; and,

h. For new tanks, a release prevention barrier underneath the tank in accordance with API Std 650, March 2020, Annex I, incorporated by reference in subsection 62-762.201(67), F.A.C., or an equivalent system registered as a release prevention barrier or secondary containment in accordance with subsection 62-762.851(2), F.A.C.

6. Instead of installing secondary containment in the entire dike field area in accordance with this subsection, a double-walled storage tank may be used. The storage tank must be constructed in accordance with API Std 650 March 2020. API 650 is incorporated by reference in subsection 62-762.201(66), F.A.C.

7. Release prevention barriers for dike field containment systems shall be impervious and be designed and constructed in accordance with API Std 650, March 2020, incorporated by reference in subsection 62-762.201(66), F.A.C., or be registered as a release prevention barrier or secondary containment in accordance with subsection 62-762.851(2), F.A.C.

(e) Overfill protection.

1. No transfer of regulated substances shall be made unless the volume available in the tank is greater than the volume of regulated substances to be transferred. The transfer shall be repeatedly monitored to prevent overfilling.

2. Overfill protection shall be performed, as applicable, in accordance with API Standard 2350, 5th Edition, September 2020, including Errata 1, April 2021. API Standard 2350 is incorporated by reference in sub-subparagraph 62-762.502(2)(d)5.d., F.A.C.

3. All storage tanks, not subject to API Standard 2350, 5th Edition, September 2020, including Errata 1, April 2021, incorporated by reference in sub-subparagraph 62-762.502(2)(d)5.d., F.A.C., shall not be filled beyond 90 percent capacity and shall be equipped with at least one of the following overfill protection devices or containment method:

a. A level gauge or other measuring device that accurately shows the level of regulated substances in the storage tank, and is visible to the person who is monitoring the filling,

b. A high level warning alarm that is either visible, audible, or both to the person monitoring the filling,

c. A high level liquid flow cutoff controller, or

d. An impervious dike field area designed to contain overfills.

4. All overfill protection devices shall be tested for operability at installation and test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C.

5. Effective October 17, 2019, owners and operators shall:

a. Designate a primary overfill protection device used to meet the requirements in subparagraph 62-762.502(2)(e)3., F.A.C., and any additional overfill devices shall not interfere with the designated primary device; and,

b. Ensure the designated primary overfill protection device is registered pursuant to registration of storage tank system equipment and release detection systems and methods, with subsection 62-762.851(2), F.A.C.

6. An annual operability test shall be performed on the designated primary overfill protection device used to meet the Department’s overfill protection requirement at intervals not exceeding 12 months to ensure proper operation and test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C. An annual operability test will be deemed timely if performed within the same calendar month in which the test is due.

(f) Spill Containment. Storage tanks that are loaded by trucks shall be installed with a spill containment system at each tank fill connection within six months of January 11, 2017, except for tank fill connections located within dike field areas with secondary containment or within tank truck containment areas. The spill containment system shall meet the requirements of paragraph 62-762.502(1)(b), F.A.C.

(g) Piping sumps.

1. Piping sumps shall meet the performance requirements of paragraph 62-762.502(1)(b), F.A.C., and be registered in accordance with subsection 62-762.851(2), F.A.C. The sumps shall be designed, constructed, and installed to prevent water entering the sump.

2. Piping sumps shall be installed to allow for interstitial monitoring of the integral piping and monitoring of the piping sump, as applicable, in accordance with Rule 62-762.601, F.A.C.

(h) Hydrant sumps. Underground hydrant sumps shall be installed to prevent the discharge of regulated substances during fueling of aircraft, vessels, or at any other time the hydrant system is in use, and shall be registered in accordance with subsection 62-762.851(2), F.A.C. Any such equipment shall be sealed to and around the hydrant piping with an impervious, compatible material. Hydrant sumps shall be containment integrity tested in accordance with subparagraph 62-762.502(1)(b)8., F.A.C.

(i) Relocation of storage tanks. Storage tanks that have been removed and that are to be reinstalled at a different location shall be re-registered with the Department in accordance with subsection 62-762.401(1), F.A.C., and reinstalled in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), incorporated by reference in subsection 62-762.411(3), F.A.C.

(3) Small diameter integral piping associated with field erected storage tanks shall meet the requirements of subsection 62-762.501(3), F.A.C.

(4) Bulk product piping.

(a) Installation.

1. Bulk product piping shall be constructed and installed in accordance with the applicable provisions of Chapter 27 of NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C.; and either ASME B31.3, 2020 Edition; incorporated by reference in subparagraph 62-762.501(1)(h)3., F.A.C.; or B31.4, 2019 Edition, incorporated by reference in subparagraph 62-762.501(3)(a)1., F.A.C.; or Welding of Pipelines and Related Facilities, API Std 1104, 22nd Edition, July 2021, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, DC 20005, (202)682-8000, or at http://www.api.org/.

2. All new bulk product piping that is not in contact with the soil shall meet the construction requirements in paragraphs 62-762.502(4)(a) and (c), F.A.C.

3. An integrity test shall be performed for underground bulk product piping for high viscosity products in accordance with Chapter 27 of NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C., before the piping system is placed into initial use. An interstitial integrity test shall be performed for underground bulk product piping with secondary containment in accordance with subsection 62-762.702(4), F.A.C., or Chapter 27 of NFPA 30, 2021 Edition, before the piping is placed into initial use.

(b) Secondary containment.

1. All bulk product piping, including such piping that contains used oil, that is in contact with the soil or that transports regulated substances over surface waters of the state shall have secondary containment.

2. Single-walled bulk product piping that was installed before June 30, 1992, and that had an initial structural evaluation performed in accordance with API 570, 4th Edition, February 2016, including Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), incorporated by reference in subsection 62-762.411(3), F.A.C., before January 1, 2000, is exempt from this requirement if the evaluation indicated that the bulk product piping had remaining useful life. The piping shall be repaired or upgraded with secondary containment or closed when a periodic API 570, 4th Edition, February 2016, including Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), inspection indicates that repair, upgrading or closure is necessary.

3. Bulk product piping containing high viscosity products are exempt from the requirements for secondary containment.

4. Single-walled bulk product piping that is in contact with the soil and is not exempt pursuant to subparagraphs 62-762.502(4)(b)2. and 3., F.A.C., shall be immediately and permanently closed in accordance with subsection 62-762.802(3), F.A.C.

5. Bulk product piping in contact with the soil containing high viscosity products may be converted to non-high viscosity product service without having to install secondary containment if an API 570, 4th Edition, February 2016, including Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), integrity assessment, incorporated by reference in subsection 62-762.411(3), F.A.C., is performed and confirms that the piping has remaining useful life. The piping shall be repaired or upgraded with secondary containment or closed when a periodic API 570, 4th Edition, February 2016, including Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), inspection indicates that repair, upgrading or closure is necessary.

(c) Construction.

1. New steel bulk product piping shall be constructed in accordance with ASME B31.3, 2020 Edition, incorporated by reference in subparagraph 62-762.501(1)(h)3., F.A.C.; or ASME B31.4, 2019 Edition, incorporated by reference in subparagraph 62-762.501(3)(a)1., F.A.C.; or API STD 1104, 22nd Edition, July 2021, incorporated by reference in subparagraph 62-762.502(4)(a)1., F.A.C. Bulk product steel integral piping in contact with the soil shall be cathodically protected in accordance with API RP 1632, 3rd Edition (R2010) May 1996, incorporated by reference in subparagraph 62-762.501(3)(c)2., F.A.C.; NACE Standard SP0169-2013, 2013 Edition, incorporated by reference in subparagraph 62-762.501(3)(c)2., F.A.C.; or STI R892, Revised January 2006, incorporated by reference in subparagraph 62-762.501(3)(c)2., F.A.C. Corrosion Protection can also be provided using vapor corrosion inhibitors registered in accordance with subsection 62-762.851(2), F.A.C. Bulk product piping using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62-762.851(2), F.A.C., shall be designed and installed under the direction of a Corrosion Professional.

2. Bulk product piping constructed of other materials, design, or corrosion protection shall be registered with the Department in accordance with subsection 62-762.851(2), F.A.C.

3. Bulk product piping using corrosion protection systems with vapor corrosion inhibitors that are registered in accordance with subsection 62-762.851(2), F.A.C., shall be designed and installed under the direction of a Corrosion Professional and shall be installed with at least one electrical resistance probe or a method of monitoring to allow for a determination of the corrosion rate within the piping interstice. The VCI system shall be designed and installed in accordance with the requirements specified in subsection 62-762.702(3), F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 1-11-17, Amended 10-17-19, 6-26-23.

Fla. Admin. Code R. 62-762.510 Performance Standards for Existing Shop-Fabricated Storage Tank Systems

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.510, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.511 Performance Standards for Category-A and Category-B Storage Tank Systems

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 6-21-04, Repealed 1-11-17.

Fla. Admin. Code R. 62-762.520 Performance Standards for Existing Field-Erected Storage Tank Systems

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.520, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.590 Containment and Integrity Plans for Mineral Acid Storage Tanks

History

• Rulemaking Authority 376.322(3) FS. Law Implemented 376.324, 376.325 FS. History–New 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.600 General Release Detection Standards

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.600, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.601 Release Detection Requirements for Shop Fabricated Storage Tank Systems

(1) General requirements.

(a) Storage tank systems shall have a method or combination of methods of release detection that can detect a new release from any portion of the storage tank system.

(b) Any storage tank system without a method, or combination of methods, of release detection in accordance with this section, shall immediately provide a method of release detection, or immediately empty the storage tank system and place the affected system out-of-service in accordance with subsection 62-762.801(1), F.A.C.

(c) Any component of a storage tank system with an interstice shall have a method of interstitial monitoring which shall be conducted in accordance with this section. Interstitial monitoring can be performed with vacuum, pressure, hydrostatic (liquid-level sensing), sensors or probes, or visual release detection methods.

(d) Except as otherwise specified in this rule, the release detection method or combination of methods used at a facility shall be performed at least once every calendar month, but not exceeding 35 days, to determine if a release from the storage tank system has occurred.

(e) Visual inspections. At least once a month, but not exceeding 35 days, every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances that can be inspected visually shall be visually inspected and documented as to its condition pursuant to rule 62-762.711, F.A.C. Any visual inspection of a storage tank system that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems is considered a positive response. The positive response shall be recorded as part of the release detection records, and reported and investigated as an incident pursuant to rule 62-762.431, F.A.C. Repairs shall be made in accordance with rule 62-762.701, F.A.C. A monthly visual inspection is not required for any system component using an electronic release detection method; however, piping and dispenser sumps that use an electronic release detection method must also be visually inspected every six months and records kept of the visual inspection.

(f) Electronic and mechanical release detection devices shall be:

1. Installed, calibrated, operated, and maintained in accordance with the manufacturer’s instructions, and shall be designed and installed to provide service checks for operability to ensure that the device is functioning in accordance with subsection 62-762.701(4), F.A.C.; and,

2. Registered in accordance with subsection 62-762.851(2), F.A.C., except that controllers or annunciators that are used to display leak detection test results are not required to be registered.

(g) Electronic release detection devices shall be inspected for proper operation at least once every calendar month, but not exceeding 35 days. A record or summary of the alarm history, sensor status, and testing results related to suspected releases shall be printed from any electronic release detection device. If the release detection system is not capable of printing records, a manual log shall be maintained of the alarm history, sensor status, and testing results.

(h) Release detection shall be constructed and installed so that groundwater, rainfall, or soil moisture will not render the release detection method used inoperable.

(i) Storage tank systems containing high viscosity product are exempt from all release detection requirements except for visual inspections.

(2) Storage tanks with secondary containment.

(a) One or more of the following release detection methods shall be used:

1. Liquid level monitoring systems with electronic hydrostatic sensors. These methods shall be able to detect incidents by determining changes in liquid levels within the interstice and monitoring reservoir, and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if liquid levels cannot be maintained. Any alarm that indicates that liquid levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

2. Vacuum monitoring. This method shall be able to detect incidents by determining changes in vacuum levels within the interstice by continuous monitoring of vacuum levels and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if vacuum levels can not be maintained. Any alarm that indicates that vacuum levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

3. Pressure monitoring. This method shall be able to detect incidents by using an inert gas and determining changes in pressure levels within the interstice by continuous monitoring of pressure levels and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if pressure levels can not be maintained. Any alarm that indicates that pressure levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

4. Electronic sensors in a normally dry interstice. This method shall be able to detect the presence of liquid in the interstice or monitoring low point and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if liquid is detected. Any alarm that indicates the presence of liquid is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

5. Visually inspected liquid level monitoring systems. This method shall be able to detect incidents by determining changes in liquid levels within the interstice and monitoring resevoir. Any visual observation that indicates that liquid levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

6. Visually inspected vacuum or pressure monitoring with gauges. This method shall be able to detect incidents by determining changes in vacuum or pressure levels within the interstice.

a. Pressure readings shall be able to detect a 50 percent change from one month to the next, or any change in pressure exceeding 50 percent of the initial level or of a pressure level that is reestablished at the time of an incident investigation or annual testing of the gauge, and for vacuum systems, any complete loss of vacuum or positive pressure reading. Vacuum or pressure refreshment must be performed in accordance with manufacturer’s specifications and the system’s equipment registration in subsection 62-762.851(2), F.A.C. Any change indicated above is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

b. Liquid-filled gauges shall be calibrated using the National Institute of Standards and Technology (NIST) traceable standards, hereby adopted and incorporated by reference, prior to initial operation. Information on NIST can be obtained from 100 Bureau Drive, Stop 1070, Gaithersburg, Maryland 20899-1070, (301)975-6478, or at http://www.nist.gov/index.html. The gauges shall be operational at all times.

7. Visual monitoring of normally dry interstices. This method shall be able to detect the presence of liquid at a low point of the interstice. Any presence of water, other than condensate, or regulated substances in the interstice is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

8. Visual monitoring of dike fields. This method shall be able to detect the presence of liquid at a low point in the dike field. The accumulation of water or condensation in the low point of the dike field shall not interfere with the ability to detect regulated substances. Any release of regulated substance in the dike field is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

(3) Storage tanks without secondary containment.

(a) Required release detection methods. Storage tanks that are exempt from secondary containment shall have monthly visual inspections performed in accordance with paragraph 62-762.601(1)(e), F.A.C.

(b) Performance Requirements. Visual inspections of storage tanks shall include an inspection of the exterior of each tank, the integral piping, and any other storage tank system components.

(4) Small diameter integral piping with secondary containment.

(a) One or more of the applicable release detection methods in subsection 62-762.601(2), F.A.C., shall be used.

(b) In addition, pressurized small diameter integral piping in contact with the soil shall be equipped with a release detection system that can detect a leak within one hour. One of the following methods shall be used:

1. Mechanical line leak detectors. Mechanical line leak detectors shall be capable of detecting a discharge of 3.0 gallons per hour (gph) with a probability of detection of 0.95, and a probability of false alarm of 0.05 at an equivalent line pressure of 10 pounds per square inch (psi) and restrict flow within one hour.

2. Electronic line leak detectors. Electronic line leak detectors shall be capable of detecting a discharge of 3.0 gph with a probability of detection of 0.95, and a probability of false alarm of 0.05 at an equivalent line pressure of 10 psi and alert the operator by restricting or shutting off the flow of regulated substances through piping when a leak is detected.

3. Electronic interstitial monitoring devices. Storage tank systems without line leak detectors, shall have electronic interstitial monitoring devices that are capable of detecting a release of 10 gallons within one hour and shutting off the pump.

4. For emergency generator storage tank systems that are monitored 24-hours per day, if the release detection system detects leaks of 3.0 gph at 10 psi line pressure within one hour, an audible or visual alarm will be triggered to alert the on-site operator.

(5) A positive response is defined as any instance where the release detection system has shut off power to the pump, restricted the flow, or triggered an audible or visual alarm for pressurized integral piping in contact with the soil. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

(6) Bulk product piping and hydrant piping with secondary containment associated with shop fabricated storage tank systems shall meet the requirements of subsection 62-762.602(5), F.A.C.

(7) Bulk product and hydrant piping without secondary containment associated with shop fabricated storage tank systems shall meet the requirements of subsection 62-762.602(6), F.A.C.

(8) Annual operability testing of release detection systems. All release detection devices shall be tested annually at intervals not exceeding 12 months to ensure proper operation. An annual operability test will be deemed timely if performed within the same calendar month in which the test is due. The test must either simulate an actual alarm condition or shall be conducted according to manufacturer’s specifications, and shall include, at a minimum, a determination of whether the device operates as designed. Remote testing of the system can be performed by the manufacturer if the remote test is included in the third-party certification by a Nationally Recognized Testing Laboratory.

(9) Operability test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 6-21-04, Amended 1-11-17, 6-26-23.

Fla. Admin. Code R. 62-762.602 Release Detection Requirements for Field Erected Storage Tank Systems

(1) General requirements.

(a) Storage tank systems shall have a method or combination of methods of release detection that can detect a new release from any portion of the storage tank system.

(b) Any storage tank system without a method, or combination of methods, of release detection in accordance with this section, shall immediately provide a method of release detection, or immediately empty the storage tank system and place the affected system out-of-service, or close the system in accordance with subsection 62-762.802(3), F.A.C.

(c) Any component of a storage tank system with an interstice shall have a method of interstitial monitoring which shall be conducted in accordance with this section. Interstitial monitoring can be performed with vacuum, pressure, hydrostatic (liquid-level sensing), sensors or probes, or visual release detection methods.

(d) Except as otherwise specified in this Rule, the release detection method or combination of methods used at a facility shall be performed at least once every calendar month, but not exceeding 35 days, to determine if a release from the storage tank system has occurred.

(e) Visual inspections. At least once a month, but not exceeding 35 days, every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances can be inspected visually shall be visually inspected and documented as to its condition pursuant to Rule 62-762.711, F.A.C. Any visual inspection of a storage tank system that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to rule 62-762.431, F.A.C. Repairs shall be made in accordance with Rule 62-762.702, F.A.C. A visual inspection is not required for any system component using an electronic release detection method.

(f) Electronic and mechanical release detection devices shall be:

1. Installed, calibrated, operated, and maintained in accordance with the manufacturer’s instructions, and shall be designed and installed to provide service checks for operability to ensure that the device is functioning in accordance with subsection 62-762.702(4), F.A.C.; and,

2. Registered in accordance with subsection 62-762.851(2), F.A.C., except that controllers or annunciators that are used to display leak detection test results are not required to be registered.

(g) Electronic release detection devices shall be inspected for proper operation at least once every calendar month, but not exceeding 35 days. A record or summary of the alarm history, sensor status, and testing results related to suspected releases shall be printed from any electronic release detection device. If the release detection system is not capable of printing records, a manual log shall be maintained of the alarm history, sensor status, and testing results.

(h) Release detection shall be constructed and installed so that groundwater, rainfall, or soil moisture will not render the release detection method used inoperable.

(i) Storage tank systems containing high viscosity product are exempt from all release detection requirements except for visual inspections.

(2) Storage tanks with secondary containment.

(a) One or more of the following release detection methods shall be used:

1. Liquid level monitoring systems with electronic hydrostatic sensors. These methods shall be able to detect incidents by determining changes in liquid levels within the interstice and monitoring reservoir and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if liquid levels cannot be maintained. Any alarm that indicates that liquid levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

2. Vacuum monitoring. This method shall be able to detect incidents by determining changes in vacuum levels within the interstice by continuous monitoring of vacuum levels and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if vacuum levels can not be maintained. Any alarm that indicates that vacuum levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

3. Pressure monitoring. This method shall be able to detect incidents by using an inert gas and determining changes in pressure levels within the interstice by continuous monitoring of pressure levels and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if pressure levels can not be maintained. Any alarm that indicates that pressure levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

4. Electronic sensors in a normally dry interstice. This method shall be able to detect the presence of liquid in the interstice or monitoring low point and to provide immediate electronic notification with an audible or visual alarm to the owner or operator if liquid is detected. Any alarm that indicates the presence of liquid is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

5. Visually inspected liquid level monitoring systems. This method shall be able to detect incidents by determining changes in liquid levels within the interstice and monitoring resevoir. Any visual observation that indicates that liquid levels are not being maintained is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

6. Visually inspected vacuum or pressure monitoring with gauges. This method shall be able to detect incidents by determining changes in vacuum or pressure levels within the interstice.

a. Pressure readings shall be able to detect a 50 percent change from one month to the next, or any change in pressure exceeding 50 percent of the initial level or of a pressure level that is reestablished at the time of an incident investigation or annual testing of the gauge, and for vacuum systems, any complete loss of vacuum or positive pressure reading. Vacuum or pressure refreshment must be performed in accordance with manufacturer’s specifications and the system’s equipment registration in subsection 62-762.851(2), F.A.C. Any change indicated above is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

b. Liquid-filled gauges shall be calibrated using NIST traceable standards prior to initial operation. The gauges shall be operational at all times.

7. Visual monitoring of normally dry interstices. This method shall be able to detect the presence of liquid at a low point of the interstice. Any presence of water, other than condensate, or regulated substances in the interstice is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

8. Visual monitoring of dike fields. This method shall be able to detect the presence of regulated substances at a low point in the dike field. The accumulation of water or condensation in the low point of the dike field shall not interfere with the ability to detect regulated substances. Any release of regulated substances in the dike field is considered a positive response and shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

(3) Storage tanks without secondary containment.

(a) Required release detection methods.

1. Storage tanks that are exempt from secondary containment shall have monthly visual inspections performed in accordance with paragraph 62-762.602(1)(e), F.A.C.

2. Storage tanks, except those containing high viscosity product, shall have one of the following methods of release detection:

a. Electronic sensing equipment installed beneath the storage tank.

b. External monitoring using tracer or helium testing systems registered in accordance with subsection 62-762.851(2), F.A.C.

c. Another method registered in accordance with subsection 62-762.851(2), F.A.C.

(b) Performance Requirements. Single-walled release detection systems shall be designed and constructed to allow monitoring of the tank for the purpose of discovering if an incident has occurred. Single-walled release detection systems shall be constructed and installed so that groundwater, rainfall, or soil moisture will not render the testing or sampling method inoperative.

1. Electronic sensing equipment placed externally around storage tanks that involve the use of electronic sensors, probes, or fiber-optic systems shall be tested at least annually at intervals not exceeding 12 months to verify that they operate properly. Groundwater and vapor monitoring wells using the placement of sensors or probes in vertical, horizontal, or directionally-drilled wells shall be designed and installed in accordance with the equipment registration for that system.

2. Visual inspections of field erected storage tanks shall include an inspection of the exterior of each tank, the integral piping system, the dike field area, and any other storage system components.

(4) Small diameter integral piping with secondary containment associated with field erected storage tank systems shall meet the requirements of subsection 62-762.601(4), F.A.C.

(5) Bulk product piping and hydrant piping with secondary containment shall have one or more of the release detection methods in subsection 62-762.602(2), F.A.C.

(6) Bulk product and hydrant piping without secondary containment. Single-walled bulk product and hydrant piping in contact with the soil, except those containing high viscosity product, shall have one or more of the following release detection methods:

(a) An annual line pressure test performed in accordance with Recommended Practice for the Pressure Testing of Steel Pipelines for the Transportation of Gas, Petroleum Gas, Hazardous Liquids, Highly Volatile Liquids, or Carbon Dioxide, API RP 1110, (R2018), 6th Edition, February 2013, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at API, 1220 L Street, N.W., Washington, DC 20005, (202)682-8000, or at http://www.api.org/, regardless of the date of installation of the piping.

(b) External monitoring shall be performed in accordance with the requirements of paragraph 62-762.602(1)(d), F.A.C., if designed to detect a discharge from any portion of the integral piping. External release detection methods using fiber optic, acoustic, helium, cable, and chemical marker release detection methods shall be performed monthly, or annually at intervals not exceeding 12 months if approved by a Nationally Recognized Testing Laboratory as having a 0.2 gallon per hour leak rate detection capability.

(c) Internal release detection methods, other than pressure testing, which are registered in accordance with subsection 62-762.851(2), F.A.C., shall be able to detect a leak of 0.2 gallon per hour with a probability of detection of 0.95, and a probability of false alarm of 0.05. Internal release detection systems meeting the 0.2 gallon per hour threshold shall be performed annually at intervals not exceeding 12 months. Annual pigging of bulk product piping can be performed as a method of internal release detection instead of other methods specified above. The pigging must provide ultrasonic thickness, magnetic flux, or other data that demonstrates that the piping does not have holes or sources where product leaks from the pipe.

(d) Bulk product and hydrant piping not in contact with the soil shall be visually inspected in accordance with paragraph 62-762.602(1)(e), F.A.C., monthly but not exceeding 35 days.

(7) Annual operability testing of release detection systems. All release detection devices shall be tested annually at intervals not exceeding 12 months to ensure proper operation. The test must either simulate an actual alarm condition or shall be conducted according to manufacturer’s specifications, and shall include, at a minimum, a determination of whether the device operates as designed. Remote testing of the system can be performed by the manufacturer if the remote test is included in the third-party certification by a Nationally Recognized Testing Laboratory.

(8) All annual testing shall be performed at intervals not exceeding 12 months and will be deemed timely if performed within the same calendar month in which the test is due.

(9) Operability test results shall be maintained and available for inspection by the Department or county in accordance with Rule 62-762.711, F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091 FS. History–New 1-11-17, Amended 6-26-23.

Fla. Admin. Code R. 62-762.611 Release Detection Methods

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 6-21-04, Repealed 1-11-17.

Fla. Admin. Code R. 62-762.641 Performance Standards for Release Detection Methods

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 6-21-04, Repealed 1-11-17.

Fla. Admin. Code R. 62-762.700 Repairs, Operation and Maintence of Storage Tank Sytems

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.700, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.701 Repairs, Operation and Maintenance of Shop Fabricated Storage Tank Systems

(1) Repairs.

(a) Repairs shall be performed if any component of a storage tank system has:

1. A release or discharge, or has contributed to a release or discharge of a regulated substance, or

2. The presence of groundwater in the interstice of an underground double-walled pipe, or

3. An operational or structural problem that could potentially result in a release or discharge, or lead to the presence of water in the interstice of a storage tank or integral piping other than condensate.

(b) The storage tank system shall immediately cease operating, dispensing, and accepting deliveries, if:

1. Repairs are required for any component of a storage tank system; and,

2. The nature of the repair activities or the condition of the component cannot be otherwise isolated from the storage tank system. The restrictions against operating the storage tank system shall not apply if the storage tank system contains fuels used solely for the generation of electricity by an electric utility as defined in Chapter 366, F.S., where the removal of the storage tank system from use would result in the shutdown of electrical generating units serviced by the storage tank system; and,

3. The condition of the component results in an on-going discharge, pursuant to Rule 62-762.441, F.A.C.

(c) Repairs shall be made:

1. To restore the structural integrity of the storage tank system and in a manner that will prevent releases or discharges from structural failure for the remaining operational life of the storage tank system; and,

2. In accordance with manufacturer’s specifications and applicable reference requirements.

(d) Repairs shall be evaluated and performed in accordance with Standard for Repair of Shop Fabricated Aboveground Tanks, STI SP031, 5th Edition, January 2018, hereby adopted and incorporated by reference, and available from the address listed in subsection 62-762.211(1), F.A.C., or from the publisher at STI, 944 Donata Court, Lake Zurich, IL 60047, (847)438-8265, or at https://www.steeltank.com/, or other equivalent procedures, regardless of the date of installation of the storage tank system or storage tank system component.

(e) Repaired tanks, integral piping, sumps, and spill containment systems shall be integrity tested for liquid tightness before being placed back into operation.

(f) Piping that is damaged or that has caused a discharge of a regulated substance shall be replaced or repaired. Repairs of pipe sections, sump penetration fittings, and pipe fittings shall be made in accordance with applicable requirements in subsections 62-762.501(3) and (4), F.A.C. Replacement of additional lengths of single-walled piping in contact with the soil are exempt from the requirements for secondary containment, provided that:

1. The piping system does not have, or will not have to install, secondary containment until the deadlines established in Rule 62-762.501, F.A.C.; and,

2. The length of replacement or additional piping is less than 25 percent of the total length of the existing integral piping for the individual tank, or 100 feet, whichever is more for each repair event.

(g) A storage tank system that requires repair, but cannot be repaired within 90 days to operate in accordance with the requirements of this chapter, shall be taken out-of-service in accordance with subsection 62-762.801(1), F.A.C. If the system cannot be repaired within 365 days after being taken out-of-service, it shall be permanently closed pursuant to subsection 62-762.801(2), F.A.C.

(2) Cathodic and corrosion protection.

(a) Cathodic and corrosion protection systems shall be operated and maintained to provide continuous corrosion protection to the metal components of those portions of the storage tank and integral piping in contact with the soil or within interstitial spaces using vapor corrosion inhibitor technologies.

(b) Inspection and testing requirements.

1. Storage tank systems equipped with cathodic protection, regardless of the date of installation of the storage tank system or storage tank system component, must be inspected, tested, and evaluated by or under the direction of a Corrosion Professional within six months of installation or repair and at least every year, or every three years for factory installed (galvanic) cathodic protection systems, thereafter in accordance with the criteria contained in SP0169-2013, 2013 Edition, incorporated by reference in subparagraph 62-762.501(3)(c)2., F.A.C., and External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE Standard SP0285-2021, 2021 Edition, hereby adopted and incorporated by reference and, as a copyright protected document, is available for inspection at the Department of Environmental Protection or the Department of State address provided in subsection 62-762.211(1), F.A.C., or from the publisher at AMPP, 15835 Park Ten Place, Houston, Texas 77084, (800)797-6223, or https://www.ampp.org/home, provided in paragraph 62-762.211(2)(g), F.A.C., regardless of the date of installation of the storage tank system or storage tank system component. All cathodic protection systems shall either have permanent test stations for soil-to-structure potential measurements or use temporary field test stations for required testing in accordance with this subparagraph.

2. Storage tank systems equipped with impressed current systems shall be inspected at intervals not exceeding once every 60 days. All sources of impressed current shall be inspected. Evidence of proper functioning shall be current output, normal power consumption, a signal indicating normal operation, or satisfactory electrical state of the protected structure. Impressed current systems that are inoperative for a cumulative period exceeding 2,976 hours in one year shall be assessed within 30 days by a Corrosion Professional to ensure that the storage tank system is structurally sound, free of corrosion holes, and operating in accordance with the design criteria before being returned to service.

(c) Records of the continuous operation of impressed current systems and all cathodic protection inspection, testing, and repair activities shall be maintained in accordance with paragraph 62-762.711(3)(c), F.A.C.

(d) Storage tank systems with cathodic protection systems that have been determined by a Corrosion Professional that the cathodic protection system cannot achieve or maintain protection levels in accordance with the design criteria shall:

1. Be repaired within 90 days in accordance with paragraph 62-762.701(1)(c) or 62-762.702(1)(c), F.A.C., or

2. Be closed in accordance with subsection 62-762.801(2) or 62-762.802(3), F.A.C.

(3) Vapor Corrosion Inhibitor Systems.

(a) Vapor Corrosion Inhibitor systems, if installed, shall be operated and maintained to provide continuous corrosion protection to the metal surfaces within the interstitial spaces of storage tanks, piping and other enclosed spaces for storage tank systems.

(b) Inspection and testing requirements.

1. Storage tank systems equipped with VCI protection must be inspected, tested, and evaluated by or under the direction of a Corrosion Professional within six months of installation or repair and at least every year thereafter.

2. Systems using vapor corrosion inhibitor technology must be tested in accordance with manufacturer’s instructions.

(c) Records of the continuous operation of VCI systems and all inspection, testing, and repair activities shall be maintained in accordance with paragraph 62-762.711(3)(c), F.A.C.

(d) Storage tank systems with VCI protection systems that have been determined by a Corrosion Professional that the VCI system requires replenishing shall:

1. Be replenished or replaced within 90 days and be retested within 90 days from the date of replenishment, or

2. Be closed in accordance with subsection 62-762.801(2), F.A.C.

(4) Operation and maintenance.

(a) Integrity testing.

1. The integrity of secondary containment systems and interstitial spaces, regardless of the date of installation of the storage tank system or storage tank system component, shall be verified by performing an interstitial or containment integrity test in accordance with manufacturer’s specifications. For storage tank system or system components without manufacturer integrity or containment testing specifications, PEI/RP1200-19, 2019 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)8., F.A.C., shall be used. Secondary containment systems that use vacuum, pressure, or liquid level (hydrostatic) monitoring for release detection are exempt from this requirement. The interstitial or containment integrity tests shall be performed in accordance with the following schedule:

a. Double-walled storage tanks and double-walled piping in contact with the soil or over surface waters of the state, shall be tested at the time of installation and at the time of any subsequent repair,

b. Piping sumps in contact with the soil shall be tested by October 13, 2018, and every three years thereafter, not to exceed 36 months,

c. Dispenser sumps in contact with the soil shall be tested by October 13, 2018, and every three years thereafter, not to exceed 36 months,

d. Piping and dispenser sumps over surface waters of the state shall be tested within one year of July 9, 2019, and every three years thereafter, not to exceed 36 months,

e. Below-grade spill containment systems shall be tested by January 11, 2018, and at intervals not exceeding every three years thereafter, not to exceed 36 months; and,

f. Hydrant sumps in contact with the soil shall be tested by January 11, 2018, and every three years thereafter, not to exceed 36 months.

2. Any integrity test that indicates that the component is not tight shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

(b) Water removal.

1. Spill containment systems, interstitial spaces, dispenser sumps, and piping sumps shall be maintained to provide access for examination and water removal. Water in excess of one inch in depth, or any regulated substances collected in secondary containment, spill containment systems, or in piping sumps, and dispenser sumps shall be removed within 72 hours of discovery, and be either reused or properly disposed.

2. Petroleum Contact Water. Petroleum contact water from storage tank systems shall be managed in accordance with Chapter 62-740, F.A.C.

(c) Exterior Coatings shall be maintained to prevent corrosion.

(5) Stormwater management for secondary containment systems.

(a) The removal of stormwater from a facility should be performed in accordance with all applicable Department rules. Owners and operators are advised that other federal, state, or local requirements may apply to these activities.

(b) Accumulated stormwater shall:

1. Be drawn off within one week after a rainfall event unless another frequency is allowed by the facility’s stormwater discharge permit or by another instrument, such as a Spill Prevention Control Countermeasure Plan or a Department permit; and,

2. Not be discharged without treatment if it has free product, a visible sheen, sludge, or emulsion of regulated substances.

(c) If gravity drain pipes are used to remove water from the dike field areas, all valves shall be kept closed except when the operator is in the process of draining water.

(d) The removal of stormwater from a dike field area or secondary containment system can be continuously removed through equipment registered in accordance with subsection 62-762.851(2), F.A.C., which is designed to allow filtration of water and prevent discharges of contaminated water.

(6) Evaluation and testing of single-walled metallic bulk product and hydrant piping systems in contact with the soil associated with shop fabricated storage systems shall meet the requirements of subsection 62-762.702(7), F.A.C.

(7) When a storage tank system is registered out-of-service, the system shall continue to be maintained in accordance with subsection 62-762.801(1), F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091 FS. History–New 6-21-04, Amended 1-11-17, 7-9-19, 6-26-23.

Fla. Admin. Code R. 62-762.702 Repairs, Operation and Maintenance of Field Erected Storage Tank Systems

(1) Repairs.

(a) Repairs shall be performed if any component of a storage tank system has:

1. A release or discharge or has contributed to a release or discharge of a regulated substance, or

2. The presence of groundwater in the interstice of an underground double-walled pipe, or

3. An operational or structural problem that could potentially result in a release or discharge, or lead to the presence of water in the interstice of a storage tank or integral piping other than condensate.

(b) The storage tank system shall immediately cease operating and accepting deliveries, if:

1. Repairs are required for any component of a storage tank system; and,

2. The nature of the repair activities or the condition of the component cannot be otherwise isolated from the storage tank system. The restrictions against operating the storage tank system shall not apply if the storage tank system contains fuels used solely for the generation of electricity by an electric utility as defined in Chapter 366, F.S., where the removal of the storage tank system from use would result in the shutdown of electrical generating units serviced by the storage tank system; and

3. The condition of the component results in an on-going discharge, pursuant to Rule 62-762.441, F.A.C.

(c) Repairs shall be made:

1. To restore the structural integrity of the storage tank system and in a manner that will prevent releases or discharges from structural failure or corrosion for the remaining operational life of the storage tank system; and,

2. In accordance with manufacturer’s specifications and applicable reference requirements.

(d) Repaired components shall be integrity tested for liquid tightness before being placed back into operation.

(e) Piping that is damaged or that has caused a discharge of a regulated substance shall be replaced or repaired. Repairs of pipe sections, sump penetration fittings and pipe fittings shall be made in accordance with applicable requirements in subsections 62-762.502(3) and (4), F.A.C. Replacement of additional lengths of single-walled piping in contact with the soil are exempt from the requirements for secondary containment, provided that:

1. The piping system does not have, or will not have to install secondary containment until the deadlines established in Rule 62-762.502, F.A.C.; and,

2. The length of replacement or additional piping is less than 25 percent of the total length of the existing integral piping for the individual tank, or 100 feet, whichever is more for each repair event.

(f) A storage tank system that requires repair, but cannot be repaired within 90 days to operate in accordance with the requirements of this chapter, shall be taken out-of-service in accordance with subsection 62-762.802(2), F.A.C. If the system cannot be repaired within 365 days after being taken out-of-service, it shall be permanently closed pursuant to subsection 62-762.802(3), F.A.C.

(2) Cathodic and corrosion protection.

(a) Cathodic and corrosion protection systems shall be operated and maintained to provide continuous corrosion protection to the metal components of those portions of the storage tank and integral piping in contact with the soil or within interstitial spaces using vapor corrosion inhibitor technologies.

(b) Inspection and testing requirements.

1. Storage tank systems equipped with cathodic protection, regardless of the date of installation of the storage tank system or storage tank system component, must be inspected, tested, and evaluated by or under the direction of a Corrosion Professional within six months of installation or repair and at least every year, or every three years for factory installed (galvanic) cathodic protection systems, thereafter in accordance with the criteria contained in SP0169-2013, 2013 Edition, incorporated by reference in subparagraph 62-762.501(3)(c)2., F.A.C., and SP0285-2021, 2021 Edition, incorporated by reference in subparagraph 62-762.701(2)(b)1., F.A.C. All cathodic protection systems shall either have permanent test stations for soil-to-structure potential measurements or use temporary field test stations for required testing in accordance with this subparagraph.

2. Storage tank systems equipped with impressed current systems shall be inspected at intervals not exceeding 60 days. All sources of impressed current shall be inspected. Evidence of proper functioning shall be current output, normal power consumption, a signal indicating normal operation, or satisfactory electrical state of the protected structure. Impressed current systems that are inoperative for a cumulative period exceeding 2,976 hours in one year shall be assessed within 30 days by a Corrosion Professional to ensure that the storage tank system is structurally sound, free of corrosion holes, and operating in accordance with the design criteria before being returned to service.

(c) Records of the continuous operation of impressed current systems and all cathodic protection inspection, testing, and repair activities shall be maintained in accordance with paragraph 62-762.711(3)(c), F.A.C.

(d) Storage tank systems with cathodic protection systems that have been determined by a Corrosion Professional that the cathodic protection system cannot achieve or maintain protection levels in accordance with the design criteria shall:

1. Be repaired within 90 days in accordance with paragraph 62-762.702(1)(c), F.A.C., or

2. Be closed in accordance with subsection 62-762.802(3), F.A.C.

(3) Vapor Corrosion Inhibitors Systems.

(a) Vapor Corrosion Inhibitor systems, if installed, shall be operated and maintained to provide continuous corrosion protection to the metal surfaces within the interstitial spaces of storage tanks, piping and other enclosed spaces for storage tank systems.

(b) Inspection and testing requirements.

1. Storage tank systems equipped with VCI protection must be inspected, tested, and evaluated by or under the direction of a Corrosion Professional within six months of installation or repair and at least every year thereafter.

2. Systems using vapor corrosion inhibitor technology must be tested in accordance with manufacturer’s instructions.

(c) Records of the continuous operation of VCI systems and all inspection, testing, and repair activities shall be maintained in accordance with paragraph 62-762.711(3)(c), F.A.C.

(d) Storage tank systems with VCI protection systems that have been determined by a Corrosion Professional that the VCI system requires replenishing shall:

1. Be replenished or replaced within 90 days of the determination, and be retested within 90 days from the date of replenishment, or

2. Be closed in accordance with subsection 62-762.802(3), F.A.C.

(4) Operation and maintenance.

(a) Integrity testing

1. The integrity of secondary containment systems and interstitial spaces shall be verified by performing an interstitial or containment integrity test in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), incorporated by reference in subsection 62-762.411(3), F.A.C.; API 570, 4th Edition, February 2016, including Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), incorporated by reference in subsection 62-762.411(3), F.A.C.; or PEI/RP1200-19, 2019 Edition, incorporated by reference in subparagraph 62-762.501(1)(b)8., F.A.C., as applicable, regardless of the date of installation of the storage tank system. Secondary containment systems that use vacuum, pressure, or liquid level (hydrostatic) monitoring for release detection and suction piping systems are exempt from this requirement. The interstitial or containment integrity tests shall be performed in accordance with the following schedule:

a. Double-walled storage tanks and double-walled piping, in contact with the soil, shall be tested at the time of installation and at the time of any subsequent repair,

b. Piping sumps in contact with the soil shall be tested by October 13, 2018, and every three years thereafter, not to exceed 36 months,

c. Below-grade spill containment systems shall be tested by January 11, 2018, and at intervals not exceeding every three years thereafter, not to exceed 36 months; and,

d. Hydrant sumps in contact with the soil shall be tested by January 11, 2018, and every three years thereafter, not to exceed 36 months.

2. Any integrity test that indicates that the component is not tight shall be reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C.

(b) Water removal.

1. Interstitial spaces and sumps shall be maintained to provide access for examination and water removal. Water in excess of one inch in depth, or any regulated substances collected in secondary containment or in sumps shall be removed within 72 hours of discovery and be either reused or properly disposed.

2. Petroleum Contact Water. Petroleum contact water from storage tank systems shall be managed in accordance with Chapter 62-740, F.A.C.

(c) Exterior Coatings shall be maintained to prevent corrosion.

(5) Stormwater management for secondary containment systems.

(a) The removal of stormwater from a facility should be performed in accordance with all applicable Department rules. Owners and operators are advised that other federal, state, or local requirements apply to these activities.

(b) Accumulated stormwater shall:

1. Be drawn off within one week after a rainfall event unless another frequency is allowed by the facility’s stormwater discharge permit or by another instrument, such as a Spill Prevention Control Countermeasure Plan or a Department permit; and,

2. Not be discharged without treatment if it has free product, a visible sheen, sludge, or emulsion of regulated substances.

(c) If gravity drain pipes are used to remove water from the dike field areas, all valves shall be kept closed except when the operator is in the process of draining water.

(d) The removal of stormwater from a dike field area or secondary containment system can be continuously removed through equipment registered in accordance with subsection 62-762.851(2), F.A.C., that is designed to allow filtration of water and prevent discharges of contaminated water.

(6) Evaluation and testing. Tanks shall be evaluated and the re-testing frequency established and implemented in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), Errata 1 (2020), incorporated by reference in subsection 62-762.411(3), F.A.C. Storage tanks shall be evaluated at the time of installation. Evaluations shall be certified by a professional engineer licensed in the State of Florida, or approved by an API Std 653 certified inspector. Non-destructive testing shall be performed by qualified personnel as specified in API Std 650, March 2020, incorporated by reference in subsection 62-762.201(67), F.A.C., and API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020). All field erected tanks shall be repaired in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020). Field erected tanks with storage capacities of less than 250,000 gallons may be evaluated in accordance with STI SP001, January 2018, incorporated by reference in subsection 62-762.411(3), F.A.C., in lieu of API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020).

(7) Evaluation and testing of single-walled metallic bulk product and hydrant piping systems. Single-walled metallic bulk product and hydrant piping systems in contact with the soil, excluding those containing high viscosity products, shall be evaluated and the re-testing frequency established and implemented in accordance with API 570, 4th Edition, February 2016, including Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018), incorporated by reference in subsection 62-762.411(3), F.A.C. Evaluations shall be certified by a professional engineer licensed in the State of Florida or by an API 570 certified inspector. Non-destructive testing shall be performed by qualified personnel as specified in API 570, 4th Edition, February 2016, including Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018). All single-walled metallic bulk product and hydrant piping systems in contact with the soil shall be repaired in accordance with API 570, 4th Edition, February 2016, including Addendum 1 (2017), Addendum 2 (2018), and Errata 1 (2018).

(8) When a storage tank system is registered out-of-service, the system shall continue to be maintained in accordance with subsection 62-762.802(2), F.A.C.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091 FS. History–New 1-11-17, Amended 7-9-19, 6-26-23.

Fla. Admin. Code R. 62-762.710 Recordkeeping and Investory Requirements

History

• Rulemaking Authority 376.303, 376.322(3) FS. Law Implemented 376.303, 376.322 FS. History–New 3-12-91, Formerly 17-762.710, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.711 Recordkeeping

(1) All records, whether in paper or electronic format, shall be dated and available for inspection by the Department or county. If records are not kept at the facility, they shall be made available at the facility or another agreed upon location upon five business days of receipt of the Department’s or county’s request. Site access to the facility shall be provided for compliance inspections conducted at reasonable times.

(2) Records of the following are required to be kept for three years:

(a) Repair, operation, and maintenance records;

(b) All release detection results, including a record or summary of the alarm history, sensor status, and testing results for electronic systems, performed in accordance with paragraphs 62-762.601(1)(e) and 62-762.602(1)(e), F.A.C.;

(c) All test data and results gathered during operability and integrity testing; and,

(d) Records of the types of fuels stored per tank.

(3) Records of the following, shall be maintained until storage tank system closure:

(a) Manufacturer’s instructions for operation, maintenance, and testing for release detection equipment;

(b) Records of storage tank system installations, replacements, recertifications, and upgrades;

(c) Records of installation, maintenance, inspections, and testing of cathodic and corrosion protection systems in accordance with NACE, a Corrosion Professional or STI standards;

(d) Survey drawings as specified in paragraphs 62-762.501(1)(i) and 62-762.502(1)(i), F.A.C.;

(e) A copy of all INFs, and the results of all incident investigations as specified in rule 62-762.431, F.A.C.;

(f) A copy of all DRFs;

(g) A copy of all documents required in rules 62-762.801 and 62-762.802, F.A.C., if the location continues as a facility;

(h) Results of internal inspections and non-destructive testing;

(i) Records documenting compliance with subparagraphs 62-762.501(1)(b)3. and 62-762.502(1)(b)3., F.A.C., for storage tanks systems with secondary containment constructed of concrete installed after January 11, 2017; and,

(j) Records to demonstrate insurance as the method of financial responsibility for storage tank systems shall be maintained in permanent form if no contamination has been reported or if no Site Rehabilitation Completion Order (SRCO) has been issued pursuant to chapter 62-780, F.A.C. Records demonstrating financial responsibility for storage tank systems through other permitted methods shall be maintained for the duration of the effective period of that financial responsibility method.

(4) The Department strongly encourages that all records relating to financial responsibility be maintained permanently.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 403.091 FS. History–New 6-21-04, Amended 1-11-17, 6-26-23.

Fla. Admin. Code R. 62-762.720 Inventory Requirements

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.720, Repealed 9-30-96.

Fla. Admin. Code R. 62-762.730 Operating Requirements for Cathodic Protection

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.730, Repealed 9-30-96.

Fla. Admin. Code R. 62-762.800 Out of Service and Closure Requirements

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.800, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.801 Out-of-Service and Closure Requirements for Shop Fabricated Storage Tank Systems

(1) Out-of-service storage tank systems.

(a) Storage tank systems that are taken out-of-service, as required in this subsection shall continue to be maintained in accordance with this chapter unless otherwise noted herein.

(b) Facility owners and operators of out-of-service storage tank systems shall:

1. Continue to operate and maintain corrosion protection in accordance with subsection 62-762.701(2), F.A.C.,

2. Continue to maintain and demonstrate financial responsibility pursuant to Rule 62-762.421, F.A.C.,

3. Leave vent lines open and functioning,

4. Remove all regulated substances so that no more than one inch in depth or 0.3 percent by weight of the regulated substances remains in the storage tank,

5. Secure or close off the system to outside access,

6. Register the storage tank system out-of-service in accordance with Rule 62-762.401, F.A.C.; and,

7. Perform a visual inspection annually, not to exceed 12 months, of every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances, that can be visually inspected. Each annual visual inspection of the storage tank system shall be documented as to its condition pursuant to Rule 62-762.711, F.A.C., and will be deemed timely if performed within the same calendar month in which the test is due. Any visual inspection of a storage tank system that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. If it is determined that a release has occurred while the system is out-of-service; and,

a. The incident investigation reveals a release has led to a discharge while the storage tank system is out-of-service and storing regulated substances at no more than one inch in depth or 0.3 percent by weight of total system capacity, then the response to the discharge shall be in accordance with paragraphs 62-762.441(6)(a), (b), (e), (f), and (g), F.A.C. Repairs shall be made within 365 days of the discharge discovery in accordance with paragraphs 62-762.701(1)(a), (c), (d), (e), and (f), F.A.C. If the system cannot be repaired within 365 days after the discovery of the discharge, it shall be permanently closed pursuant to subsection 62-762.801(2), F.A.C.

b. The incident investigation reveals a release has not led to a discharge while the storage tank system is out-of-service, then repairs shall be made in accordance with paragraphs 62-762.701(1)(a), (c), (d), (e), and (f), F.A.C., prior to bringing the storage tank system back into service.

(c) The following inspections and testing requirements are not required while the storage tank system is properly out-of-service:

1. Monthly visual inspections in accordance with paragraph 62-762.601(1)(e), F.A.C.,

2. Semiannual inspections of piping and dispenser sumps that use electronic release detection methods in accordance with paragraph 62-762.601(1)(e), F.A.C.,

3. Monthly inspection of electronic release detection devices in accordance with paragraph 62-762.601(1)(g), F.A.C.; and,

4. Release detection device annual operability testing, containment and integrity testing, and annual overfill protection device testing; however, all aforementioned testing shall be current in accordance with this chapter and indicate proper operation before adding regulated substances to the storage tank system. In addition, storage tank systems that have been out-of-service for more than 365 days must be evaluated in accordance with the following prior to being returned to service:

a. STI SP001, January 2018, incorporated by reference in subsection 62-762.411(3), F.A.C., regardless of the date of installation of the storage tank system; and,

b. Integrity tested in accordance with Rule 62-762.701, F.A.C., for integral piping in contact with the soil.

(d) Storage tank systems with secondary containment, not requiring repairs pursuant to Rule 62-762.701, F.A.C., shall only be designated as out-of-service for a maximum of 10 continuous years. Upon expiration of this time period, the storage tank system must be closed in accordance with paragraph 62-762.801(2)(b), F.A.C.

(e) Storage tank systems without secondary containment, not requiring repairs pursuant to Rule 62-762.701, F.A.C., shall not remain in a continuous out-of-service status for more than five years. Upon expiration of this time period, the storage tank system must be closed in accordance with paragraph 62-762.801(2)(b), F.A.C.

(2) Closure of storage tank systems.

(a) The following storage tank systems must be closed within 90 days in accordance with the provisions of this subsection:

1. A storage tank system that is out-of-service, and has not had regulated substances added to or withdrawn from the system for more than:

a. Five years for single-walled storage tank systems, or

b. 10 years for storage tank systems with secondary containment.

2. Upon discovery, a storage tank system that fails to meet or, if required, is not modified to meet the storage tank system requirements of Rule 62-762.501, F.A.C.

3. A storage tank system that requires repair pursuant to Rule 62-762.701, F.A.C., but is not repaired within 90 days to operate in accordance with the requirements of this chapter shall be taken out-of-service. If the system is not repaired within 365 days after being taken out-of-service, it shall be permanently closed.

4. A storage tank system where financial responsibility is not maintained and demonstrated, pursuant to Rule 62-762.421, F.A.C., within 90 days of termination of the financial mechanism.

(b) Closure of storage tank systems shall be performed by:

1. Conducting a Closure Integrity Evaluation for shop fabricated storage tank systems as defined in subsection 62-762.201(8), F.A.C., and completing the Closure Integrity Evaluation Report Form for ASTs 62-762.901(7) (Closure Integrity Report), incorporated by reference in paragraph 62-762.411(2)(c), F.A.C. The form shall be submitted in paper or electronic format to the appropriate county,

2. Removing all liquids and accumulated sludges. The removal and disposal of all liquids and accumulated sludges may be required according to other federal, state, and local requirements,

3. Removing or disconnecting and capping all integral piping,

4. Removing and disposing of a storage tank, or in-place closure by rendering the storage tank free of regulated substances and vapors at the time of closure to prevent hazardous explosive conditions, by maintaining the storage tank to prevent future explosive conditions, and by protecting the storage tank from flotation in accordance with Chapter 22 of NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C. In lieu of in-place closure or removal, a storage tank may be used to store liquids other than regulated substances. Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities,

5. For single-walled storage tanks and single-walled integral piping in contact with the soil, regardless of the date of installation of the storage tank system or storage tank system component, an investigation shall be conducted during closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition, or http://www.flrules.org/Gateway/reference.asp?No=Ref-11122, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference, hereby adopted and incorporated by reference, and available at the address given in paragraph 62-762.211(2)(e), F.A.C.; and,

6. Properly closing monitoring wells associated with closed systems that are not being used for site assessment purposes.

7. For single-walled storage tanks and single-walled integral piping that are not in contact with the soil, a visual inspection must be performed.

8. Once a storage tank system has been properly closed pursuant to subsections 62-762.801(2) and (3), F.A.C., and the Closure Report or the Limited Closure Report Form for ASTs 62-762.901(8), incorporated by reference in subsection 62-762.421(2), F.A.C., has been submitted to and approved by the county or the Department, the facility owner shall update the facility’s registration status within 10 days to indicate the storage tank system as closed in accordance with subsection 62-762.401(2), F.A.C.

(3) Closure Integrity Report, Closure Report, and Limited Closure Report.

(a) Closure Integrity Report.

1. Storage tank systems and system components not in contact with the soil do not require a Closure Integrity Evaluation.

2. A Closure Integrity Evaluation for shop fabricated storage tank systems as defined in subsection 62-762.201(8), F.A.C., must be performed no more than 45 days prior to closure or replacement for all double-walled storage tanks, double-walled integral piping, piping sumps, dispenser sumps, and spill containment systems that are in contact with the soil. A Closure Integrity Report must be completed to document the findings of the Closure Integrity Evaluation.

3. A Closure Integrity Evaluation requires a visual assessment of the interstitial space of double-walled storage tanks, double-walled integral piping, double-walled piping sumps, double-walled dispenser sumps, and double-walled spill containment systems that are in contact with the soil to determine if there are any products or pollutants or any water other than condensate present within the interstice. For storage tank system components where the interstitial space cannot be visually inspected, other methods approved by the manufacturer, PEI RP1200-19, or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations.

4. A Closure Integrity Evaluation for single-walled piping sumps, single-walled dispenser sumps, and single-walled spill containment systems that are completely below-grade requires a hydrostatic test or another test approved by the manufacturer.

5. The county must be provided with a copy of the Closure Integrity Report as part of the notification process pursuant to paragraph 62-762.411(2)(c), F.A.C.

6. A failed Closure Integrity Evaluation requires the reporting of the failed evaluation as an incident in accordance with paragraph 62-762.431(1)(f), F.A.C., and the investigation of the incident in accordance with Rule 62-762.431, F.A.C. If sampling is necessary to determine whether a discharge has occurred, then an investigation shall be conducted during closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition, regardless of the date of installation of the storage tank system or system component being closed.

7. The owner or operator who does not, or elects not to conduct a Closure Integrity Evaluation, in accordance with paragraph 62-762.801(3)(a), F.A.C., before the storage tank system or system component has been removed or closed in-place, regardless of the date of installation of the storage tank system or system component, shall conduct an investigation at the time of closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition.

(b) Closure Report. In cases where an investigation is conducted at the time of closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition, a Closure Report shall be submitted in writing or electronic format to the county within 60 days of completion of the system or system component closure or replacement. The Closure Report shall be prepared in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition.

(c) Limited Closure Report. Form 62-762.901(8), Limited Closure Report Form for ASTs shall be submitted in writing or electronic format to the county within 60 days of completion of the closure or replacement in cases where:

1. A Closure Integrity Evaluation passed,

2. A failed Closure Integrity Evaluation was investigated prior to closure and it was demonstrated that a discharge did not occur, or

3. A Closure Integrity Evaluation or Closure Report were not required because the closure only involved a storage tank system or system components that were not in contact with the soil.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.30716 FS. History–New 6-21-04, Amended 1-11-17, 10-17-19, 6-26-23.

Fla. Admin. Code R. 62-762.802 Out-of-Service and Closure Requirements for Field Erected Storage Tank Systems

(1) Temporary out-of-service. Field erected storage tank systems taken temporarily out-of-service are those that are emptied solely for the purpose of cleaning, routine maintenance, or change of product for a time period exceeding 90 days, but less than 365 days. These storage tank systems shall:

(a) Continue to operate and maintain corrosion protection in accordance with subsection 62-762.702(2), F.A.C.;

(b) Perform release detection monthly in accordance with applicable provisions of Rule 62-762.602, F.A.C., if the tank system has an external release detection method;

(c) Leave venting systems open and functioning; and,

(d) Be returned to in-service status or be designated as out-of-service within 365 days of being taken temporarily out-of-service.

(2) Out-of-service storage tank systems.

(a) Storage tank systems that are taken out-of-service, as required in this subsection, shall continue to be maintained in accordance with this chapter unless otherwise noted herein.

(b) Facility owners and operators of out-of-service storage tank systems shall:

1. Continue to operate and maintain corrosion protection in accordance with subsection 62-762.702(2), F.A.C.,

2. Continue to maintain and demonstrate financial responsibility pursuant to Rule 62-762.421, F.A.C.,

3. Leave vent lines open and functioning,

4. Remove all regulated substances so that no more than one inch in depth or 0.3 percent by weight of the regulated substances remains in the storage tank,

5. Secure or close off the system to outside access,

6. Register the storage tank system out-of-service in accordance with Rule 62-762.401, F.A.C.; and,

7. Perform a visual inspection annually, not to exceed 12 months, of every component of a storage tank system that contains, transfers, or stores, or is designed to contain, transfer, or store regulated substances, that can be visually inspected. Each annual visual inspection of the storage tank system shall be documented as to its condition pursuant to Rule 62-762.711, F.A.C., and will be deemed timely if performed within the same calendar month in which the test is due. Any visual inspection of a storage tank system that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems is considered a positive response. The positive response shall be recorded as part of the release detection records and reported and investigated as an incident pursuant to Rule 62-762.431, F.A.C. If it is determined that a release has occurred while the system is out-of-service; and,

a. The incident investigation reveals a release has led to a discharge while the storage tank system is out-of-service and storing regulated substances at no more than one inch in depth or 0.3 percent by weight of total system capacity, then the response to the discharge shall be in accordance with paragraphs 62-762.441(6)(a), (b), (e), (f), and (g), F.A.C. Repairs shall be made within 365 days of the discharge discovery in accordance with paragraphs 62-762.702(1)(a), (c), (d), and (e), F.A.C. If the system cannot be repaired within 365 days after the discovery the discharge, it shall be permanently closed pursuant to subsection 62-762.802(3), F.A.C.

b. The incident investigation reveals a release has not led to a discharge while the storage tank system is out-of-service, then repairs shall be made in accordance with paragraphs 62-762.702(1)(a), (c), (d), and (e), F.A.C., prior to bringing the storage tank system back into service.

(c) Facility owners and operators of out-of-service storage tank systems shall monitor tank bottom release detection systems or devices annually but not to exceed 12 months. The annual monitoring of tank bottom release detection systems or devices will be deemed timely if performed within the same calendar month in which the test is due. Records of these inspections shall be maintained in accordance with subsection 62-762.711(2), F.A.C. In the event that there is any positive response of a tank bottom release detection device, an INF must be submitted in writing or electronic format and an investigation as to the cause performed pursuant to Rule 62-762.431, F.A.C.

(d) The following inspections and testing requirements are not required while the storage tank system is properly out-of-service:

1. Monthly visual inspections in accordance with paragraph 62-762.602(1)(e), F.A.C.,

2. Monthly inspection of electronic release detection devices in accordance with paragraph 62-762.602(1)(g), F.A.C., and

3. Release detection device annual operability testing, containment and interstitial integrity testing, and annual overfill protection device testing; however, all aforementioned testing shall be current in accordance with this chapter and indicate proper operation before adding regulated substances to the storage tank system. In addition, before being returned to service, storage tank systems that have been out-of-service for more than 365 days must be:

a. Structurally evaluated in accordance with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), for field erected tanks, incorporated by reference in subsection 62-762.411(3), F.A.C.; and,

b. Integrity tested in accordance with Rule 62-762.702, F.A.C., for integral piping.

(e) Storage tank systems with secondary containment, not requiring repairs pursuant to Rule 62-762.702, F.A.C., shall only be designated as out-of-service for a maximum of 10 continuous years. Upon expiration of this time period, the storage tank system must be closed in accordance with paragraph 62-762.802(3)(b), F.A.C.

(f) Storage tank systems without secondary containment, not requiring repairs pursuant to Rule 62-762.702, F.A.C., shall not remain in a continuous out-of-service status for more than five years. Upon expiration of this time period, the storage tank system must be closed in accordance with paragraph 62-762.802(3)(b), F.A.C.

(g) Field erected tanks changing the type of product stored within the tank shall comply with API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), incorporated by reference in subsection 62-762.411(3), F.A.C.

(3) Closure of storage tank systems.

(a) The following storage tank systems must be closed within 90 days in accordance with the provisions of this subsection:

1. A storage tank system that is out-of-service, and has not had regulated substances added to or withdrawn from the system for more than:

a. Five years after January 11, 2017, for single-walled storage tank systems, or

b. 10 years after January 11, 2017, for storage tank systems with secondary containment.

2. Upon discovery, a storage tank system that fails to meet or, if required, is not modified to meet the Storage Tank System requirements of Rule 62-762.502, F.A.C.

3. A storage tank system that requires repair pursuant to Rule 62-762.702, F.A.C., but is not repaired within 90 days to operate in accordance with the requirements of this chapter shall be taken out-of-service. If the system is not repaired within 365 days after being taken out-of-service, it shall be permanently closed.

4. A storage tank system where financial responsibility is not maintained and demonstrated, pursuant to Rule 62-762.421, F.A.C., within 90 days of termination of the financial mechanism.

(b) Closure of storage tank systems shall be performed by:

1. Conducting a Closure Integrity Evaluation for field erected storage tank systems as defined in subsection 62-762.201(9), F.A.C., and completing the Closure Integrity Evaluation Report Form for ASTs 62-762.901(7) (Closure Integrity Report), incorporated by reference in paragraph 62-762.411(2)(c), F.A.C. The form shall be submitted in paper or electronic format to the appropriate county,

2. Removing all liquids and accumulated sludges. The removal and disposal of all liquids and accumulated sludges may be required according to other federal, state, or local requirements,

3. Removing or disconnecting and capping all integral piping,

4. Removing and disposing of a storage tank, or in-place closure by rendering the storage tank free of regulated substances and vapors at the time of closure to prevent hazardous explosive conditions, by maintaining the storage tank to prevent future explosive conditions, and by protecting the storage tank from flotation in accordance with Chapter 22 of NFPA 30, 2021 Edition, incorporated by reference in paragraph 62-762.201(36)(a), F.A.C. In lieu of in-place closure or removal, a storage tank may be used to store liquids other than regulated substances. Owners and operators are advised that other federal, state, or local requirements apply that regulate these activities,

5. For single-walled storage tanks, and single-walled integral piping in contact with the soil, regardless of the date of installation of the storage tank system or storage tank system component, an investigation shall be conducted during closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition,

6. Properly closing monitoring wells associated with closed systems that are not being used for site assessment purposes; and,

7. For single-walled storage tanks and single-walled integral piping that are not in contact with the soil, a visual inspection must be performed to determine if any discharges have occurred.

8. Once a storage tank system has been properly closed pursuant to subsections 62-762.802(3) and (4), F.A.C., and the Closure Report or the Limited Closure Report Form for ASTs 62-762.901(8), incorporated by reference in subsection 62-762.421(2), F.A.C., has been submitted to and approved by the county or the Department, the facility owner shall update the facility’s registration status within 10 days to indicate the storage tank system as closed in accordance with subsection 62-762.401(2), F.A.C.

(4) Closure Integrity Report, Closure Report, and Limited Closure Report.

(a) Closure Integrity Report.

1. Storage tank system and system components not in contact with soil do not require a Closure Integrity Evaluation.

2. A Closure Integrity Evaluation for field erected storage tank systems as defined in subsection 62-762.201(9), F.A.C., must be performed no more than 45 days prior to closure or replacement for all double-walled and double-bottomed storage tanks, double-walled integral piping, and hydrant sumps in contact with soil. Spill containment systems that are completely below-grade also require a Closure Integrity Evaluation. A Closure Integrity Report must be completed to document the findings of the Closure Integrity Evaluation.

3. A Closure Integrity Evaluation requires a visual assessment of the interstitial space of double-walled and double-bottomed storage tanks, double-walled integral piping, and double-walled hydrant sumps that are in contact with the soil to determine if there are any products or pollutants or any water other than condensate present within the interstice. For storage tank system components where the interstitial space cannot be visually inspected, other methods approved by the manufacturer, API Std 653, November 2014, including Addendum 1 (2018), Addendum 2 (2020), and Errata 1 (2020), PEI/RP1200-19, or the Department such as vacuum, pressure, or inert gases may be used instead of visual observations.

4. A Closure Integrity Evaluation for single-walled hydrant sumps that are in contact with the soil, and single-walled spill containment systems that are completely below-grade require a hydrostatic test or another test approved by the manufacturer.

5. The County must be provided with a copy of the Closure Integrity Report as part of the notification process pursuant to paragraph 62-762.411(2)(c), F.A.C.

6. A failed Closure Integrity Evaluation requires the reporting of the failed evaluation as an incident in accordance with paragraph 62-762.431(1)(f), F.A.C., and the investigation of the incident in accordance with Rule 62-762.431, F.A.C. If sampling is necessary to determine whether a discharge has occurred, then an investigation shall be conducted during closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition, regardless of the date of installation of the storage tank system or system component being closed.

7. The owner or operator who does not, or elects not to conduct a Closure Integrity Evaluation, in accordance with paragraph 62-762.802(4)(a), F.A.C., before the storage tank system or system component has been removed or closed in-place, regardless of the date of installation of the storage tank system or system component, shall conduct an investigation at the time of closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition.

(b) Closure Report. In cases where an investigation is conducted at the time of closure in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition, a Closure Report shall be submitted in writing or electronic format to the County within 60 days of completion of the system or system component closure or replacement. The Closure Report shall be prepared in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition.

(c) Limited Closure Report. Form 62-762.901(8), Limited Closure Report Form for ASTs shall be submitted in writing or electronic format to the County within 60 days of completion of the closure or replacement in cases where:

1. A Closure Integrity Evaluation passed,

2. A failed Closure Integrity Evaluation was investigated prior to closure and it was demonstrated that a discharge did not occur, or

3. A Closure Integrity Evaluation or Closure Report were not required because the closure only involved a storage tank system or system components that were not in contact with the soil.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 1-11-17, Amended 10-17-19, 6-26-23.

Fla. Admin. Code R. 62-762.820 Discharge Reporting and Response

History

• Rulemaking Authority 376.303, 376.322(3) FS. Law Implemented 376.303, 376.322 FS. History–New 3-12-91, Formerly 17-762.820, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.821 Incident and Discharge Response

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 6-21-04, Repealed 1-11-17.

Fla. Admin. Code R. 62-762.840 Locally Administered Programs

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.840, Repealed 9-30-96.

Fla. Admin. Code R. 62-762.850 Equipment Approval and Alternate Procedures

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.850, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.851 Alternative Procedures and Equipment Registration

(1) Alternative procedure requirements.

(a) Any person subject to the provisions of this chapter may request in writing a determination by the Secretary or the Secretary’s designee that any requirement of this chapter shall not apply to a regulated storage tank system at a facility, and shall request approval of alternative procedures or requirements on Form 62-762.901(4), Alternative Procedure Form, effective date, January 2017, hereby adopted and incorporated by reference. To obtain copies of this form see Rule 62-762.901, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-07691, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(b) The request shall set forth at a minimum the following information:

1. The specific storage tank system or facility for which an exception is sought,

2. The specific provisions of this chapter from which an exception is sought,

3. The basis for the exception,

4. The alternative procedure or requirement for which approval is sought,

5. Documentation that demonstrates that the alternative procedure or requirement provides an equivalent or greater degree of protection for the lands, surface waters or groundwaters of the state as the specific provisions of this chapter from which an alternative procedure is sought; and,

6. Documentation that demonstrates that the alternative procedure or requirement is at least as effective as the established procedure or requirement.

7. If an alternative procedure or requirement is not able to be sought under subparagraph 5. or 6., then documentation that demonstrates that the specific provisions of this chapter from which the exception is sought imposes regulatory costs on the regulated entity that could be reduced through approval of a less costly regulatory alternative or requirement that provides a substantially equivalent degree of protection for the lands, surface waters, or groundwaters of the State as the established requirement.

(c) The Department shall issue an Order within 60 days of the receipt of a completed Alternative Procedure Form either:

1. Approving the request with any conditions necessary to meet the requirements of paragraph 62-762.851(1)(b), F.A.C., or

2. Denying the request and stating the reason(s) the request does not make an adequate demonstration that the requirements of paragraph 62-762.851(1)(b), F.A.C., have been met.

(d) The Department’s order shall be agency action, reviewable in accordance with Sections 120.569 and 120.57, F.S. The Department’s failure to timely issue an Order does not grant or approve the request.

(e) The provisions of this rule do not preclude the use of any other applicable relief provisions.

(f) Facilities where an alternative procedure was previously approved by the Department may continue to operate using the conditions of the alternative procedure issued by the Department.

(2) Registration of storage tank system equipment and release detection systems and methods.

(a) Owners and operators shall verify at the time of installation that the storage tank system equipment and release detection systems and methods (including equipment and methods that were previously approved by the Department under the former Equipment Approval process) have been registered with the Department.

(b) Any storage tank system equipment installed after January 11, 2017, must be registered with the Department in accordance with this subsection. Upon discovery, non-registered storage tank system equipment installed after January 11, 2017, must be removed within 90 days, unless registration is applied for or obtained and listed within the 90 day time period.

(c) Equipment previously approved by the Department under the former Equipment Approval process and installed prior to January 11, 2017, can continue to be used regardless of later non-renewal or removal of registration from the list of registered storage tank system equipment, provided the equipment is still operating as designed and installed.

(d) Only the storage tank system equipment as stated in this chapter shall be registered by the equipment manufacturer using Form 62-762.901(9), Storage Tank System Equipment Registration Form, (Equipment Registration Form) effective date July 2019, hereby adopted and incorporated by reference. To obtain copies of this form see Rule 62-762.901, F.A.C., or http://www.flrules.org/Gateway/reference.asp?No=Ref-10746, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference. The following storage tank system equipment is exempt from registration:

1. Dispensers, dispenser islands, nozzles, and hoses,

2. Manhole and fillbox covers,

3. Valves,

4. Cathodic protection test stations,

5. Metallic piping,

6. Small diameter integral piping not in contact with soil, unless the piping extends over or into surface waters,

7. Vent lines,

8. AST vents; and,

9. Gauges used for vacuum and pressure monitoring.

(e) Equipment registration requests shall be submitted to the Department in writing or electronic format with a demonstration that the equipment will meet the appropriate performance requirements contained in this chapter. Any approvals or denials received from other states or countries shall be included in the registration request to the Department.

(f) A third-party demonstration by a Nationally Recognized Testing Laboratory shall be submitted in writing or electronic format to the Department with the application. The third-party demonstration shall provide:

1. A technical evaluation of the equipment,

2. Test results that verify that the equipment will function as designed,

3. A professional certification or determination that the equipment meets the performance requirements contained in this chapter,

4. Integrity test requirements and procedures,

5. Annual operability testing procedures for the equipment or release detection system or method; and,

6. Copies of the manufacturer’s instructions to maintain the manufacturer’s warranty.

(g) Release detection methods and tank and piping tightness and pressure testing methods must be registered in accordance with this subsection prior to being used.

(h) The storage tank system equipment and release detection systems and methods registered with the Department under this subsection must be renewed by the equipment manufacturer every five years. Failure to renew will result in removal from the equipment registration list. Any changes, improvements, or modifications to equipment beyond the scope of the original demonstration by the Nationally Recognized Testing Laboratory will require a renewal of the registration and a new demonstration from a Nationally Recognized Testing Laboratory pursuant to paragraph 62-762.851(2)(f), F.A.C.

(i) The Department shall only place conditions upon the use of the storage tank system equipment and release detection systems and methods, remove equipment or methods from the list of registered storage tank system equipment, or not renew registration if:

1. The information submitted to the Department is not in accordance with this subsection,

2. The equipment does not perform in field application as certified in the third-party certification by a Nationally Recognized Testing Laboratory, or

3. The equipment is not constructed in accordance with the approved registration or applicable Reference Guidelines.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.30716 FS. History–New 6-21-04, Amended 1-11-17, 7-9-19.

Fla. Admin. Code R. 62-762.860 Approval of Storage Tank Systems and Release Detection Equipment

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303 FS. History–New 3-12-91, Formerly 17-762.860, Repealed 9-30-96.

Fla. Admin. Code R. 62-762.891 Mineral Acid Storage Tank Requirements

The purpose of this rule is to minimize the occurrence and environmental risks of discharges from aboveground storage tanks having capacities greater than 110 gallons that contain hydrobromic, hydrochloric, hydrofluoric, phosphoric or sulfuric acid if at least 20 percent by weight of the solution is one of the five listed acids. Mineral acid storage tank systems are only subject to Rule 62-762.891, F.A.C.

(1) Definitions. All words and phrases defined in Section 376.321, F.S., shall have the same meaning when used in this rule unless specifically stated otherwise in this rule. See Section 376.321, F.S., for the definition of the following terms: “Aboveground,” “Facility,” “Flow-through process tank,” “Mineral acids,” “Nonresidential,” “Operator,” “Owner,” and “Permitted wastewater treatment system.” The following words, phrases, or terms used in this rule, unless the context indicates otherwise, shall have the following meaning:

(a) “Containment and integrity plan” or “CIP” means a document designed, created, and maintained at a facility, which shall be considered a public record and made available pursuant to the provisions of Chapter 119, F.S. The CIP establishes procedures for the inspection and maintenance program for tanks storing mineral acids at that facility. The inspection and maintenance program shall be designed for the chemical and physical characteristics of the specific mineral acid stored, and for the specific materials of construction of the tank. The CIP shall be designed to ensure control of the specific mineral acid for the expected lifetime of the tank. Form 62-762.891(1) Containment and Integrity Plan Certification Form, effective date, January 2017, is hereby adopted and incorporated by reference, and copies are available from the Division of Waste Management, Department of Environmental Protection, M.S. #4500, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or http://www.flrules.org/Gateway/reference.asp?No=Ref-07698, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(b) “County” means a locally administered governmental program under contract with the Department to perform compliance verification activities at facilities with storage tank systems within the boundaries stipulated in the applicable contract.

(c) “Discharge” includes, but is not limited to, any spilling, leaking, seeping, pouring, misapplying, emitting, emptying, or dumping of any mineral acid which occurs and which affects lands and the surface and ground waters of the state.

(d) “Discovery” means, as related to a discharge, initial detection of mineral acids in ground water or surface water, or the initial detection of soil contamination, resulting from the discharge of mineral acids in quantities greater than the amounts reportable this rule.

(e) “Inspection and maintenance plan” means a plan that establishes the procedures used to prevent releases of mineral acids.

(f) “Liner” means an artificially constructed material of sufficient thickness, density, and composition that will contain the discharge of any specified mineral acid from an aboveground tank until such time as the mineral acid can be neutralized or removed. The liner shall prevent any escape of specified mineral acids or accumulated liquid to the soil, surface water, or groundwater (except through secondary containment as provided in paragraph 62-762.891(1)(g), F.A.C.).

(g) “Secondary containment” means a system that is used for discharge prevention, and may include one or more of the following devices:

1. A double-walled tank,

2. An external liner placed under and around each tank, sealed to its supports, and either designed and built to contain a minimum of 110 percent of the capacity of the largest tank within the containment; or equipped with a drainage system routed to a permitted wastewater treatment system or plant recirculating process system that is capable of containing any accidental release from the tank, or

3. A system or structure constructed such that accidental releases from a tank would be collected by a drainage system within the system or structure and routed to a permitted wastewater treatment system, or plant recirculating process system, or alternative containment system registered with the Department in accordance with Rule 62-762.851, F.A.C.

(h) “Stationary” means a tank or tanks not meant for multiple site use or that remain in one location at the facility site for a period of 180 days or longer.

(i) “Tank” means an aboveground stationary device that is constructed primarily of non-earthen materials (e.g., concrete, metal, plastic, glass) that provides structural support and is designed primarily to contain mineral acids. Connected piping from the tank to and including the nearest cutoff valve shall be considered part of the tank for purposes of this definition. “Tank” does not include flow-through process tanks.

(2) Applicability.

(a) The requirements of this rule apply to owners and operators of a facility with an aboveground storage tank with a storage capacity of more than 110 gallons that contains mineral acids.

(b) The following systems are exempt from the requirements of this rule:

1. Any mobile or skid tank that is moved at least every 180 days,

2. Any tank containing mineral acids that are less than 20% by weight of the solution,

3. Any tank of 110 gallons or less capacity that contains mineral acids,

4. Any flow-through process tank,

5. Any tank that is located in a completely enclosed building where a release of mineral acid would be contained within the building and not result in a discharge; and,

6. Any tank containing mineral acids that are regulated as hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act.

(3) Registration.

(a) The owner of any tank containing mineral acids, that was not previously registered, shall register the tank within 10 days of its discovery with the Department on Form 62-762.901(2), Storage Tank Facility Registration Form (Registration Form), incorporated by reference in paragraph 62-762.401(1)(b), F.A.C.

(b) For tank installations, a completed Registration Form shall be submitted in electronic or paper format to the Department no later than 30 days after mineral acids are put into a tank previously unregistered. The Department encourages the electronic submittal of the Registration Form available online here: http://www.fldepportal.com/go/submit-registration/, or the form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-07695, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

(c) For change in service status or closure pursuant to Rule 62-762.801, F.A.C., a completed Registration Form shall be submitted in paper or electronic format to the Department within 10 days after completion of the change in service status or closure.

(d) A completed Registration Form shall be submitted in paper or electronic format to the Department within 10 days of the following changes or discovery:

1. Any change in the owner or operator of a facility or of a tank; and,

2. Any change or correction in the information reported on the Registration Form.

(4) Registration fees.

(a) Registration fees are due from the owner or operator for all registered tanks as indicated in this subsection.

(b) Registration fee schedule.

1. Within 30 days after receipt of notification by the Department, the following fees shall be submitted:

a. $50.00 per tank for each initial registration,

b. $25.00 per tank for annual renewal of tanks with capacities of 125,000 gallons or less; and,

c. One dollar per every 5,000 gallons of storage capacity, per tank, for annual renewal of tanks with capacities of greater than 125,000 gallons.

2. Total annual registration fees for renewals shall not exceed $2,500.00 per facility.

(c) Each facility shall receive a registration placard upon payment of all applicable fees. The placard shall be available for inspection by the Department or county and filed with records maintained in accordance with this section.

(5) Notification.

(a) The county shall be notified of the certification or recertification of the CIP or the secondary containment system on Form 62-762.891(1), in writing or electronic format within 10 days of the completion of the form. The form shall be signed by a professional engineer licensed in the State of Florida.

(b) Notification of incidents. Within 72 hours, or close of the county’s next business day, the county shall be notified in writing or electronic format of any release into a secondary containment system of a mineral acid in excess of 110 gallons, or the reportable quantity in effect on July 1, 1991, under the Comprehensive Environmental Response Compensation and Liability Act of 1980, whichever is greater.

(c) Notification of discharges. Within 24 hours of discovery, or before the close of the county’s next business day, a Discharge Report Form 62-762.901(1), incorporated by reference in subsection 62-762.411(5), F.A.C., shall be used to report any discharge in writing or electronic format to the county exceeding:

1. 100 pounds of hydrobromic or hydrofluoric acid,

2. 1,000 pounds of sulfuric acid, or

3. 5,000 pounds of hydrochloric or phosphoric acid.

(6) Storage tank system requirements for mineral acid tanks.

(a) General.

1. Tanks installed on or before July 1, 1992, shall either be covered under a CIP or have secondary containment.

2. Tanks installed after July 1, 1992, shall have secondary containment.

(b) Secondary Containment.

1. A professional engineer licensed in the State of Florida shall certify on Form 62-762.891(1) that the tank or tanks have secondary containment.

2. Secondary containment shall be recertified on Form 62-762.891(1) by a professional engineer licensed in the State of Florida if a new tank is added to a facility or if there is a structural change to the containment. Secondary Containment does not need to be reviewed and updated for tanks where there has been no structural change to the containment.

3. Secondary containment shall be properly maintained. Any cracks, degradation, punctures, or other similar defects to the integrity of the secondary containment shall be repaired. If repairs cannot be made to ensure the tank’s original integrity, the tank shall be emptied.

(c) Containment and Integrity Plan.

1. A professional engineer licensed in the State of Florida shall certify on Form 62-762.891(1) that the tanks covered by the CIP for that facility have been inspected and maintained in accordance with the CIP and that the integrity and containment of the tanks has not been compromised. For purposes of this certification, maintenance will be presumed to have been performed if the professional engineer verifies that records demonstrating compliance with this subsection are available, complete, and indicate proper maintenance.

2. The CIP shall include procedures and requirements to minimize the risk of spills, releases, and discharges from tanks. The CIP shall be reviewed, updated, and recertified on Form 62-762.891(1) at least every two years by a professional engineer licensed in the State of Florida. The CIP shall be made available for inspection by the Department or county, and shall address:

a. An inspection and maintenance program detailing the qualifications of the person providing the inspection, the inspection and routine maintenance procedures, schedules used to evaluate and maintain the integrity of the tank, release detection procedures, and frequency of inspections and proper response to inspection findings,

b. Materials of construction for each tank and compatibility of the mineral acid with the construction materials,

c. Location of surface water bodies near the tank and the potential for discharges to enter the surface water body or to move off-site,

d. Discharge response procedures for containment and abatement,

e. Cleanup procedures,

f. Procedures and equipment for treating spill wastes,

g. Procedures for disposing of spill wastes,

h. Containment and diversionary structures to prevent discharges from entering the nearby surface water bodies or moving off-site; and,

i. A demonstration of corrosion protection of the tank if the tank is in contact with the soil.

(7) Recordkeeping. The following records, as applicable whether in paper or electronic format, shall be dated and available for inspection by the Department or county. If records are not kept at the facility, they shall be made available at the facility or another agreed upon location upon five business days of the Department’s or county’s request:

(a) The current CIP along with an up-to-date Form 62-762.891(1);

(b) The current certification of secondary containment on Form 62-762.891(1); and,

(c) A copy of all DRFs.

(8) Discharge response.

(a) When evidence of a discharge from a tank is discovered and reported in accordance with paragraph 62-762.891(5)(c), F.A.C., the owner or operator shall:

1. Remove as much of the mineral acid from the tank as necessary to prevent further discharge,

2. Repair the tank in accordance with original design specifications; and,

3. If the storage tank cannot be repaired, all mineral acid shall be removed from the tank and the tank shall be permanently closed.

(b) Any owner or operator of a facility discharging mineral acids shall immediately undertake to contain, remove, neutralize, or otherwise abate the discharge under all applicable Department rules, for example Chapter 62-780, F.A.C.

(9) Forms. Form 62-762.891(1) Containment and Integrity Plan Certification Form, January 2017, incorporated in paragraph 62-762.891(1)(a), F.A.C., is used by the Division of Waste Management for mineral acid tanks. This form is listed by form number, subject title, and effective date. Copies of the form are available by writing to the Florida Department of Environmental Protection, Division of Waste Management, 2600 Blair Stone Road, MS #4500, Tallahassee, Florida 32399-2400, or online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-07698, or the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference.

History

• Rulemaking Authority 376.322(3), 403.087 FS. Law Implemented 376.320, 376.321, 376.322, 376.323, 376.324, 376.325, 403.087 FS. History–New 6-21-04, Amended 1-11-17.

Fla. Admin. Code R. 62-762.900 Forms

History

• Rulemaking Authority 376.303, 376.322(3) FS. Law Implemented 376.303, 376.322 FS. History–New 3-12-91, Formerly 17-762.900, Amended 9-30-96, Repealed 7-13-98.

Fla. Admin. Code R. 62-762.901 Storage Tank Forms

Storage Tank Forms are listed by form number, the subject title, effective date, and include the rule where the form is incorporated by reference. Copies of forms are available by writing to the Division of Waste Management, Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #4500, Tallahassee, Florida 32399-2400, or available online at www.flrules.org, or on the Department website at https://floridadep.gov/waste/permitting-compliance-assistance/content/storage-tank-system-rules-forms-and-reference. For electronic submittal of the Storage Tank Facility Registration Form go to http://www.fldepportal.com/go/submit-registration/, Storage Tank Registration.

(1) Form 62-762.901(1) Discharge Report Form, June 2023, incorporated by reference in subsection 62-762.411(5), F.A.C., and referenced in subsection 62-762.201(25), and paragraph 62-762.891(5)(c), F.A.C., and also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-15412.

(2) Form 62-762.901(2) Storage Tank Facility Registration Form, July 2019, incorporated by reference in paragraph 62-762.401(1)(b), F.A.C., and referenced in subsections 62-762.201(51), (60) and (76), F.A.C., and paragraph 62-762.891(3)(a), F.A.C., and also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10743.

(3) Form 62-762.901(4) Alternative Procedure Form, January 2017, incorporated by reference in paragraph 62-762.851(1)(a), F.A.C., and also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07691.

(4) Form 62-762.901(6) Incident Notification Form, January 2017, incorporated by reference in subsection 62-762.411(4), F.A.C., and referenced in subsection 62-762.201(37), F.A.C., and also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-07692.

(5) Form 62-762.901(7) Closure Integrity Evaluation Report Form for ASTs, October 2019, incorporated by reference in paragraph 62-762.411(2)(c), F.A.C., and referenced in subsection 62-762.201(10), and subparagraphs 62-762.801(2)(b)1., and 62-762.802(3)(b)1., F.A.C., and also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10744.

(6) Form 62-762.901(8) Limited Closure Report Form for ASTs, October 2019, incorporated by reference in subsection 62-762.421(2), F.A.C., and referenced in subsection 62-762.201(43), and paragraphs 62-762.801(3)(c), and 62-762.802(4)(c), F.A.C., and also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10745.

(7) Form 62-762.901(9) Storage Tank System Equipment Registration Form, July 2019, incorporated by reference in paragraph 62-762.851(2)(d), F.A.C., and also available online here: http://www.flrules.org/Gateway/reference.asp?No=Ref-10746.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.303, 376.320, 376.322, 376.323 FS. History–New 1-11-17, Amended 7-9-19, 6-26-23.

Chapter 62-769 ABANDONED TANK RESTORATION PROGRAM

Fla. Admin. Code R. 62-769.100 Introduction and Scope

History

• Rulemaking Authority 376.303, 376.3072 FS. Law Implemented 376.305, 376.3072 FS. History–New 2-27-89, Amended 2-20-91, 2-22-93, Formerly 17-769.100, Repealed 11-5-96.

Fla. Admin. Code R. 62-769.200 Definitions

History

• Rulemaking Authority 376.303, 376.3072 FS. Law Implemented 376.305, 376.3072 FS. History–New 2-27-89, Amended 2-20-91, 2-22-93, Formerly 17-769.200, Repealed 11-5-96.

Fla. Admin. Code R. 62-769.300 Applicability

History

• Rulemaking Authority 376.303, 376.3072 FS. Law Implemented 376.3072 FS. History–New 2-27-89, Amended 2-20-91, 2-22-93, Formerly 17-769.300, Repealed 11-5-96.

Fla. Admin. Code R. 62-769.400 Florida Petroleum Liability Insurance Program

History

• Rulemaking Authority 376.303, 376.3072 FS. Law Implemented 376.3072 FS. History–New 2-27-89, Amended 2-20-91, 2-22-93, Formerly 17-769.400, Repealed 11-5-96.

Fla. Admin. Code R. 62-769.500 Self Inaurance Requirements

History

• Rulemaking Authority 376.303, 376.3072 FS. Law Implemented 376.3072 FS. History–New 2-27-89, Amended 2-20-91, 2-22-93, Formerly 17-769.500, Repealed 11-5-96.

Fla. Admin. Code R. 62-769.600 Restoration Insurance Program

History

• Rulemaking Authority 376.303, 376.3072 FS. Law Implemented 376.3072 FS. History–New 2-27-89, Amended 2-20-91, 2-22-93, Formerly 17-769.600, Repealed 11-5-96.

Fla. Admin. Code R. 62-769.700 Cancellation of Petroleum Liability and Restoration Insurance Program Coverage

History

• Rulemaking Authority 376.303, 376.3072 FS. Law Implemented 376.3072 FS. History–New 2-27-89, Amended 2-20-91, 2-22-93, Formerly 17-769.700, Repealed 11-5-96.

Fla. Admin. Code R. 62-769.800 Abandoned Tank Restoration Program

(1) To apply to the Abandoned Tank Restoration Program, an Abandoned Tank Restoration Program (ATRP) Application (Form 62-769.800A), effective November 2020, hereby adopted and incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-12133 and the Abandoned Tank Restoration Program Certification Form (Form 62-769.800B), effective November 2020, hereby adopted and incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-12134, are required to be submitted to the Eligibility Coordinator at Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #4575, Tallahassee, Florida 32399-2400. Forms may be obtained from the Department’s website https://floridadep.gov/waste/petroleum-restoration/content/abandoned-tank-restoration-program-atrp, or by writing the Department of Environmental Protection at 2600 Blair Stone Road, Petroleum Restoration Program, MS #4575, Tallahassee, Florida 32399-2400.

(2) Participating sites are subject to the restoration coverage deductible of $0.00.

History

• Rulemaking Authority 376.303 FS. Law Implemented 376.305, 376.3071 FS. History–New 2-20-91, Amended 2-22-93, Formerly 17-769.800, Amended 11-1-20, 4-6-25.

Fla. Admin. Code R. 62-769.900 Forms

History

• Rulemaking Authority 376.303, 376.3072 FS. Law Implemented 376.305, 376.3072 FS. History–New 2-27-89, Amended 2-20-91, Formerly 17-769.999, Amended 2-22-93, Formerly 17-769.900, Repealed 2-19-12.

Chapter 62-770 PETROLEUM CONTAMINATION SITE CLEANUP CRITERIA

Fla. Admin. Code R. 62-770.140 Referenced Guidelines

Editorial Note: See Rule 62-780.100, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.3071 FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.160 Applicability

Editorial Note: See Rule 62-780.150, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.3071 FS. History–New 11-1-87, Formerly 17-70.004, Amended 2-21-90, Formerly 17-770.160, Amended 7-30-96, 9-23-97, 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.200 Acronyms and Definitions

Editorial Note: See Rule 62-780.200, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.3071 FS. History–New 11-1-87, Formerly 17-70.003, Amended 2-21-90, Formerly 17-770.200, Amended 9-23-97, 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.220 Notices

Editorial Note: See Rule 62-780.220, F.A.C.

History

• Rulemaking Authority 376.303, 376.30702, 376.3071 FS. Law Implemented 376.30702, 376.3071 FS. History–New 4-17-05, Amended 8-4-05, 12-27-07, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.250 Contamination Reporting

Editorial Note: See Rule 62-780.210, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.305, 376.3071 FS. History–New 2-21-90, Formerly 17-770.250, Amended 9-23-97, 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.300 Interim Source Removal

Editorial Note: See Rule 62-780.500, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.3071, 376.30711 FS. History–New 11-1-87, Formerly 17-70.006, Amended 2-21-90, Formerly 17-770.300, Amended 9-3-96, 9-23-97, 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.400 Quality Assurance Requirements

Editorial Note: See Rule 62-780.300, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 403.0877 FS. Law Implemented 376.3071 FS. History–New 11-1-87, Formerly 17-70.007, Amended 2-21-90, Formerly 17-770.400, Amended 9-23-97, 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.490 Professional Certifications

Editorial Note: See Rule 62-780.400, F.A.C.

History

• Rulemaking Authority 403.0877 FS. Law Implemented 376.3071, 403.0877 FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.600 Site Assessment

Editorial Note: See Rule 62-780.600, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 403.0877 FS. Law Implemented 376.3071, 403.0877 FS. History–New 11-1-87, Amended 2-4-88, Formerly 17-70.008, Amended 2-21-90, Formerly 17-770.600, Amended 9-3-96, 9-23-97, 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.610 Fate and Transport Model and Statistical Method Requirements

Editorial Note: See Rule 62-780.610, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.3071 FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.650 Risk Assessment

Editorial Note: See Rule 62-780.650, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 403.061 FS. Law Implemented 376.3071, 403.021, 403.061, 403.062 FS. History–New 9-23-97, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.680 No Further Action

Editorial Note: See Rule 62-780.680, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 403.061, 403.0877 FS. Law Implemented 376.3071, 403.0877 FS. History–New 9-23-97, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.690 Natural Attenuation Monitoring

Editorial Note: See Rule 62-780.690, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 403.061, 403.0877 FS. Law Implemented 376.3071, 403.0877 FS. History–New 9-23-97, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.700 Active Remediation

Editorial Note: See Rule 62-780.700, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 403.0877 FS. Law Implemented 376.3071, 403.0877 FS. History–New 11-1-87, Amended 2-4-88, Formerly 17-70.010, Amended 2-21-90, Formerly 17-770.700, Amended 9-3-96, 9-23-97, 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.750 Post Active Remediation Monitoring

Editorial Note: See Rule 62-780.750, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 403.061, 403.0877 FS. Law Implemented 376.3071, 403.0877 FS. History–New 9-23-97, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.800 Time Schedules

Editorial Note: See Rule 62-780.790, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.3071, 376.30711 FS. History–New 11-1-87, Formerly 17-70.013, Amended 2-21-90, Formerly 17-770.800, Amended 9-23-97, 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.890 Alternative Procedures and Requirements

Editorial Note: See Rule 62-780.890, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.3071 FS. History–New 11-1-87, Formerly 17-70.016, Amended 2-21-90, Formerly 17-770.890, Amended 9-23-97, 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-770.900 Forms

Editorial Note: See Rule 62-780.900, F.A.C.

History

• Rulemaking Authority 376.303, 376.30702, 376.3071 FS. Law Implemented 376.30702, 376.3071 FS. History–New 2-21-90, Formerly 17-770.900, Amended 9-23-97, 8-5-99, 4-17-05, 12-27-07, Repealed 6-12-13.

Chapter 62-771 PETROLEUM CONTAMINATION SITE PRIORITY RANKING RULE

Fla. Admin. Code R. 62-771.100 Introduction, Scope and Definitions

(1) Purpose. The Inland Protection Trust Fund, created in Section 376.3071(2), F.S., serves as a repository for funds which enables the Department to respond without delay to incidents of inland contamination related to the storage of petroleum and petroleum products in order to protect the public health, safety and welfare and minimize environmental damage from petroleum contamination sites in an efficient and cost-effective manner. This chapter identifies the process by which the Department will:

(a) Initially score petroleum contamination sites to reflect potential risk to human health and the environment;

(b) Rescore petroleum contamination sites based on available site-specific data; and,

(c) Rank petroleum contamination sites based on score to prioritize the order in which the Department will perform site rehabilitation activities in accordance with Chapter 62-780, F.A.C.

(2) Pursuant to Section 376.3071(5)(a), F.S., this chapter establishes criteria for determining Department priorities for conducting response actions at petroleum contamination sites.

(3) Pursuant to Section 376.3071(5)(a), F.S., funds from the Inland Protection Trust Fund shall be obligated for response action at individual petroleum contamination sites in accordance with such established criteria.

(4) Applicability. This rule establishes criteria and a system to score and rank petroleum contamination sites qualifying for the Early Detection Incentive Program (Section 376.3071(9), F.S.), sites qualifying for other authorized site activities (Section 376.3071(4), F.S.), sites participating in the restoration portion of the Petroleum Liability and Restoration Insurance Program (Section 376.3072, F.S.), sites qualifying for the Abandoned Tank Restoration Program (Section 376.305(6), F.S.), sites qualifying for the Petroleum Cleanup Participation Program (Section 376.3071(13), F.S.), and sites qualifying for the Innocent Victim Petroleum Storage System Restoration Program (Section 376.30715, F.S.) to determine the order in which sites will be addressed by the Department.

(5) Definitions. All words and phrases defined in Section 376.301, F.S., shall have the same meaning when used in this chapter. The following words and phrases when used in this chapter shall have the following meanings:

(a) “Assignment” means authorization to proceed with response action through a contract, task assignment, or Department issued purchase order.

(b) “Contamination” or “Contaminated” means a discharge of petroleum or petroleum products into surface waters, groundwaters or upon the land, in quantities which may result in a violation of Chapter 62-302, F.A.C., water quality standards.

(c) “Free Product” means petroleum or petroleum product in excess of 0.1 inches in thickness, measured at its thickest point, floating on the surface of surface waters or groundwaters.

(d) “Fund” means the Inland Protection Trust Fund.

(e) “Imminent Threat” means a site where specific conditions or set of circumstances exist that are likely to create an immediate exposure risk to human health or the environment. The determination of the exposure risk posed by a site must take into consideration all of the following:

1. Level of contamination; and,

2. The likelihood that exposure to this contamination will occur through completed exposure pathways.

(f) “Lower Explosive Limit” means the minimum concentration of vapor to air below which propagation of a flame will not occur in the presence of an ignition source measured as the reading on an explosimeter calibrated using a 200 ppm propane mixture in a 21.5% oxygen atmosphere.

(g) “Obligate,” “Obligated,” or “Obligation” means a charge, based on best Department cost estimate, against the unobligated balance in the fund made in accordance with the requirements of Chapter 376, F.S., and this rule.

(h) “Program Task” means a phase of site rehabilitation, including initial remedial action, contamination assessment report, remedial action plan and remedial action, as described in Chapter 62-780, F.A.C.

(i) “Recent Product Loss” means a significant product loss a described in Rule 62-761.200(37), F.A.C., within 365 days prior to the date of the site scoring done in accordance with this rule.

(j) “Recent Spill” means a discharge of petroleum products within 365 days prior to the date of the site scoring done in accordance with this rule.

(k) “Site” or “Petroleum or Petroleum Product Contamination Site” means any contiguous land or inland surface water, and groundwater areas upon or into which a discharge of petroleum or petroleum products has occurred.

(l) “Unobligated Balance” means the amount of money remaining in the fund after the Department has made an obligation against the fund.

History

• Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30711, 376.30713, 376.30714, 376.30715, 376.30716, 376.3072 FS. History–New 5-5-87, Formerly 17-71.001, Amended 6-5-89, 11-16-89, 2-14-93, Formerly 17-771.100, Amended 12-5-96, 1-16-14.

Fla. Admin. Code R. 62-771.200 Definitions

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.3071, 376.3072 FS. History–New 5-5-87, Amended 10-5-88, Formerly 17-71.020, Amended 6-5-89, 11-16-89, 2-14-93, Formerly 17-771.200, Repealed 12-5-96.

Fla. Admin. Code R. 62-771.300 Scoring System and Scoring System Application

(1) For sites that have not been scored, the initial scoring system is as follows:

(a) Fire/Explosion Hazard.

1. Free product or volatilized petroleum products at or above 20% of the Lower Explosive Limit (LEL) in existing utility conduits or vaults, or buildings or other inhabited confined space shall be awarded 60 points.

2. Ignitable free product on surface water or impoundments shall be awarded 60 points.

(b) Threat to Uncontaminated Drinking Water Supplies.

1. Uncontaminated municipal or community well fields of greater than 100,000 gallons per day permitted capacity with a well within 1/2 mile of the site shall be awarded 30 points; and,

a. If the well field’s 1 foot drawdown contour is known to encompass the site regardless of the well field’s distance from the site, an additional 20 points shall be awarded, or

b. If the well field is located down gradient of the site, an additional 15 points shall be awarded.

2. Uncontaminated private wells constructed prior to date of contamination discovery, or uncontaminated public water system well field with less than 100,000 gallons per day permitted capacity, with a well within 1/4 mile of the site shall be awarded 20 points; and,

a. If the well field’s 1 foot drawdown contour is known to encompass the site regardless of the well field’s distance from the site, an additional 10 points shall be awarded, or

b. If the well field is located down gradient of the site, an additional 5 points shall be awarded.

3. Uncontaminated surface water body used as a public water system supply within 1/2 mile of the site shall be awarded 10 points.

(c) Migration Potential.

1. Source Characteristics (select only one).

a. Recent spill or free product found in wells/boreholes shall be awarded 4 points, except that 2 or more inches of free product found in 2 or more wells/boreholes shall be awarded a total of 6 points.

b. Recent product loss or wells/groundwater contaminated, but no free product, shall be awarded 2 points.

2. Product Type (select only one).

a. Light petroleum product (kerosene, gasoline, aviation fuel and similar petroleum products) with water soluble additives or enhancers (MTBE, ethanol, and similar substances) shall be awarded 3 points.

b. Light petroleum product with no additives or enhancers shall be awarded 2 points.

c. Heavy petroleum product (fuel oil, diesel and similar petroleum products) shall be awarded 1 point.

(d) Environmental Setting.

1. Site located in G-1 area, as described in Rule 62-520.410, F.A.C., shall be awarded 4 points.

2. Site located in G-2 aquifer, as described in Rule 62-520.410, F.A.C., shall be awarded 2 points.

3. Site located in high recharge/permeability geological area shall be awarded 4 points.

4. Site located within 1/2 mile of an Outstanding Florida Water shall be awarded 1 point.

(2) A site not meeting the criteria for a category receives no points for that category.

(3) Points shall be totaled and sites ranked based on the total numerical score for a site.

(4) Sites involving incidents of contamination related to the storage of a petroleum or petroleum product reported to the Department pursuant to Sections 376.305, 376.3071 or 376.3072, F.S., shall be scored in accordance with the provisions of the scoring system in Rule 62-771.300, F.A.C.

(5) Rescoring.

(a) Based on site-specific data, the Department will rescore (award or deduct points from the current score using the applicable criteria in subsection 62-771.300(1), F.A.C.), and modify the priority status of a site after completion of a Site Assessment or Remedial Action work if the site meets the criteria in subsection 62-780.690(1), F.A.C. Long-term natural attenuation is subject to the criteria in Section 376.3071(5)(c)2., F.S. If active remediation is required to resume, the site shall be rescored in accordance with this subsection. Notwithstanding the priority ranking score of a site that has been rescored, funds from the Inland Protection Trust Fund shall be made available for implementation of a monitoring plan in accordance with the site’s program eligibility.

(b) At the request of the responsible party for a site, a site will be rescored (by awarding or deducting points from the initial score using the applicable criteria in subsection 62-771.300(1), F.A.C.) after the following:

1. A Site Assessment Report has been approved by the Department, pursuant to Rule 62-780.600, F.A.C.

2. A Risk Assessment Report has been approved by the Department, pursuant to Rule 62-780.650, F.A.C.

3. A Post Active Remediation Monitoring Report has been approved by the Department, pursuant to Rule 62-780.750, F.A.C.

(6) Priority List. A priority list of sites shall be developed based on an ordering of scored sites such that the highest scored site(s) shall be of highest priority for response action and the lowest scored site(s) shall be of lowest priority for response action. The priority ranking list shall be maintained on the Department’s website and contain the date that any site is rescored. All scored sites shall be incorporated into the priority list with the position of all sites previously on the list being adjusted accordingly.

(7) Site Selection and Task Assignments. Sites will be selected for response actions beginning with the highest ranked sites on the most recent priority ranking list and proceed through lower ranked sites. Contractors will be assigned to specific program tasks at sites in accordance with the provisions of Chapter 62-772, F.A.C.

(8) Once a task assignment is made, a subsequent adjustment to the priority list shall not alter that task assignment unless the Department determines that a more cost effective approach can be achieved by a reassignment, that a compelling public health or environmental condition warrants a reassignment, or that reassignment is otherwise in the overall public interest.

(9) Regardless of a site’s score, the Department may initiate emergency action for those sites that, in the judgment of the Department, are an imminent threat to human health and safety or where failure to prevent migration of petroleum contamination would cause irreversible damage to the environment. Once the threat that necessitated the emergency action has been addressed the site will return to the appropriate place in priority ranking.

History

• Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30711, 376.30713, 376.30714, 376.30715, 376.30716, 376.3072 FS. History–New 5-5-87, Formerly 17-71.030, Amended 6-5-89, 11-16-89, 2-14-93, Formerly 17-771.300, Amended 12-5-96, 1-16-14.

Fla. Admin. Code R. 62-771.400 Scoring System Application

History

• Rulemaking Authority 376.303, 376.305, 376.3071, 376.3072 FS. Law Implemented 376.305, 376.3071, 376.3072 FS. History–New 5-5-87, Amended 11-5-87, 10-5-88, Formerly 17-71.040, Amended 6-5-89, 11-16-89, 2-14-93, Formerly 17-771.400, Repealed 12-5-96.

Chapter 62-772 PROCURMENT PROCEDURES FOR THE PETROLEUM RESTORATION PROGRAM

Fla. Admin. Code R. 62-772.100 Applicability and Purpose

(1) Purpose. This chapter establishes a competitive procurement process for petroleum cleanup as directed by Section 287.0595, F.S. Further, pursuant to Section 376.3071(2)(b), F.S., the Department is directed to implement rules and procedures to improve the efficiency of the Petroleum Restoration Program.

(2) Applicability. Site rehabilitation work on sites eligible for state funding from the Inland Protection Trust Fund shall be subject to this chapter. This chapter applies to solicitations issued by the Department on or after January 16, 2014.

History

• Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30713, 376.30714, 376.30715, 376.3072 FS. History–New 1-16-14, Technical Change 2-13-26.

Fla. Admin. Code R. 62-772.200 Definitions

All words and phrases defined in Sections 287.012, F.S. and 376.301, F.S., shall have the same meaning when used in this chapter.

(1) “Assignment” means direction by the Department to a Contractor to proceed with response action through a formal contract, task assignment, or Department issued purchase order. The Department will utilize any one of the assignment options identified in this chapter singularly or in concert with another.

(2) “Closure” means completion of site rehabilitation activities and issuance of a Site Rehabilitation Completion Order based on a No Further Action determination with or without controls, which includes the risk-based corrective action procedures specified in Chapter 62-780, F.A.C.

(3) “Competitive Procurement” means contracting with a qualified response action contractor using one or more of the procedures specified in Rule 62-772.400 or 62-772.401, F.A.C., and consistent with Section 287.057, F.S.

(4) “Contract” shall refer to the following as defined by subsection 60A-1.001(1), F.A.C., (7-22-24) http://flrules.org/Gateway/reference.asp?No=Ref-19201, hereby adopted and incorporated by reference:

(a) A “Definite Quantity Contract” is an agreement between the Department and a vendor whereby the vendor agrees to furnish a specific quantity of an item or items or specific contractual services, at a specified price, to a specified location.

(b) A “Term Contract” is an agreement between the Department and a vendor whereby the vendor agrees to provide an indefinite quantity of commodities or contractual services, on an indefinite delivery schedule, over a specified period of time. Term contracts issued by the Department may also be referred to as an Agency Term Contract.

(5) “Contractor” means “response action contractor” as defined in Section 376.301, F.S.

(6) “Contract Period” means the period of the contract from execution to expiration.

(7) “Contract Regions” means the distinct geographical areas identified in a competitive solicitation for agency term contractors for the sole purpose of contracting under this chapter.

(8) “Department” means the Department of Environmental Protection.

(9) “Professional Engineer” means a person licensed under Chapter 471, F.S.

(10) “Professional Geologist” means a person licensed under Chapter 492, F.S.

(11) “MyFloridaMarketPlace or MFMP” means the electronic registration and procurement system managed by the Department of Management Services authorized pursuant to Section 287.057(24), F.S.

(12) “Phase of Site Rehabilitation” means a distinct stage of petroleum contaminated site cleanup such as: site assessment (as defined in Rule 62-780.200, F.A.C.); interim source removal (as defined in Rule 62-780.200, F.A.C.); source removal (as defined in Rule 62-780.200, F.A.C.); creation of the remedial action plan (as described in Rule 62-780.700, F.A.C.) including bid specs and construction drawings; implementation of the remedial action plan including construction and operation and maintenance; post active remediation monitoring (as described in Rule 62-780.750, F.A.C.); and natural attenuation monitoring (as described in Rule 62-780.690, F.A.C.)

(13) “Purchase Order” means a written agreement formalizing a transaction between the Department and a vendor through MFMP. The purchase order shall represent (a) a contract with a vendor, or (b) a transaction issued pursuant to an agency term contract. In either event, the purchase order shall contain statements regarding the quantity, description, and price of the commodity or contractual service; applicable terms regarding payment, discount, date of performance, and transportation; and other pertinent information (e.g., a solicitation or contract number).

(14) “Responsible party” for purposes of this chapter, means the real property owner or the person designated by a responsible party agreement.

(15) “Site” means any contiguous land or inland surface water, and groundwater areas upon or into which a discharge of petroleum or petroleum products has occurred.

(16) “Site assessment” means the performance of any of the tasks or activities as described in Rules 62-780.500 and 62-780.600, F.A.C.

(17) “Task Assignment” means written authorization to use contracted services to conduct a defined set of activities related to site assessment and/or remediation activities at petroleum contamination sites. Task assignments identify the specific work to be performed, the schedule for completion, the deliverables, and authorized costs. Response action contractors invoice against the task assignments. A task assignment may also be used as an attachment in conjunction with a Department issued purchase order. In this case, the response action contractor shall invoice against the purchase order.

History

• Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.057, 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30713, 376.30714, 376.30715, 376.3072 FS. History–New 1-16-14, Amended 4-13-26.

Fla. Admin. Code R. 62-772.300 Contractor Qualifications and Performance Reviews

(1) Minimum Qualifications. All contractors performing site assessment and remediation activities for state-funded sites under this chapter must meet the following minimum qualifications:

(a) Demonstrate that the contractor meets all certification and license requirements imposed by law. The contractor shall possess and maintain or contract with person(s) which possess and maintain: a valid license to practice Professional Engineering in the State of Florida pursuant to Chapter 471, F.S.; and if applicable, a valid license to practice Professional Geology in the State of Florida pursuant to Chapter 492, F.S.

(b) Each contractor shall certify to the Department that the contractor complies with requirements pursuant to Section 376.3071(6), F.S. (This certification must be in writing and submitted to the Department’s Petroleum Restoration Program, Attn.: Contactor Qualification Coordinator, 2600 Blair Stone Road, Mail Station 4575, Tallahassee, Florida 32399-2400. Documentation submitted under Section 376.3071, F.S., may be used to satisfy this requirement.)

(2) Procedures for Determining Qualified Vendors to Participate in Procurement Opportunities. Only qualified vendors can submit responses on a competitive solicitation for work. The following procedures apply to the competitive procurement of contracts under this Chapter in order to qualify potential vendors to respond to a competitive solicitation for work.

(a) Interested vendors shall submit documentation to the Department verifying that the vendor meets the minimum qualifications specified in subsection (1). This documentation must be in writing and submitted to the Department’s Petroleum Restoration Program, Attn.: Contactor Qualification Coordinator, 2600 Blair Stone Road, Mail Station 4575, Tallahassee, Florida 32399-2400. The Department will review the qualification documentation and notify each vendor of its determination regarding their qualification status. Only vendors that meet the minimum qualifications on the date of opening a response to a competitive solicitation for work shall be considered in the procurement process. Those vendors not meeting the minimum qualifications on the date of opening responses shall be determined unqualified and rejected from further consideration for that solicitation. The Department will indicate those vendors that were rejected in the posting of the Department’s decision for that solicitation as required in Rule 60A-1.021, F.A.C.

(b) The Department shall maintain a list of all qualified vendors on its website.

(c) All qualified vendors are responsible for maintaining the minimum qualifications in subsection (1). Vendors that are recommended for contract award, but that do not maintain minimum qualifications after the opening of responses to a competitive solicitation must satisfy all minimum qualification requirements in subsection (1), prior to execution of a contract.

(3) Pursuant to Rule 60A-1.033, F.A.C., each vendor selected through competitive procurement shall be registered in “MyFloridaMarketplace” prior to execution of a contract or purchase order for State-funded petroleum site rehabilitation services.

(4) After execution of a contract, any contractor that cannot demonstrate that it meets the minimum qualifications in subsection (1), is not eligible to perform services under this chapter and is subject to contract termination if not corrected.

(5) Disqualification.

(a) It is unlawful for a site owner or operator, or his or her designee, to receive any remuneration, in cash or in kind, directly or indirectly, from a contractor performing petroleum site rehabilitation services pursuant to this section. A contractor offering or providing such remuneration shall be immediately removed from all active state-funded sites and all contract(s) terminated. In addition, the specific individual(s) involved in making the offer or providing remuneration (or their associated companies), shall be disqualified from participating in all state-funded cleanup activities as well as competitive solicitations for at least three years subject to the procedures in Section 287.133, F.S.

(b) All contracts are subject to the default procedures in Section 287.1351, F.S.

(6) Contractor Performance Review. The Department shall evaluate, with input from the responsible party and/or site owner, contractor performance at least after completion of each task assignment or purchase order under a term contract or completion of other non-term contracts using the Contractor Performance Evaluation form number 01, dated (April 2016), (http://www.flrules.org/Gateway/reference.asp?No=Ref-05720), hereby adopted and incorporated by reference and the Site Owner/Responsible Party Contractor Performance Survey form, number 02, dated (April 2016), (http://www.flrules.org/Gateway/reference.asp?No=Ref-06667, hereby adopted and incorporated by reference. A copy of these forms can be obtained from the Division of Waste Management at its web site at https://floridadep.gov/waste or at 2600 Blair Stone Road, Tallahassee, Florida 32399. Contractor performance shall be considered prior to assignment of rehabilitation tasks, authorizing any contract renewals and determining retainage (and its release) pursuant to Section 376.3071(6), F.S.

History

• Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30713, 376.30714, 376.30715, 376.3072 FS. History–New 6-13-14, Amended 4-6-16, 7-31-22, 4-13-26.

Fla. Admin. Code R. 62-772.400 Procedures for the Competitive Procurement of Contractors and Assignment of Work

(1) The Department will use the procedures specified in Section 287.057, F.S., and in this chapter to competitively procure services for petroleum contaminated site response actions for the Early Detection Incentive Program (EDI) pursuant to Section 376.3071(9), F.S., the Petroleum Liability and Restoration Insurance Program (PLRIP) pursuant to Section 376.3072(2), F.S., the Abandoned Tank Restoration Program (ATRP) pursuant to Section 376.305(6), F.S., the Innocent Victim Petroleum Storage System Restoration Program (IVPSSRP) pursuant to Section 376.30715, F.S., and for petroleum contamination sites under a consent order (also known as hardship or indigent sites) defined in Section 376.3071(7)(c), F.S.

(2) Agency Term Contracts. The Department will use an invitation to bid, request for proposal, or invitation to negotiate, as described in Section 287.057, F.S., to enter into multiple agency term contracts to retain Contractors to conduct an indefinite quantity of petroleum site rehabilitation services on a task assignment basis over the contract period. The Department will specify, in the solicitation, whether the solicitation for agency term contractors is limited to specific regions of the state or is statewide.

(3) Assignment of Work to Agency Term Contractors. In order to seek additional value and be consistent with subsection 60A-1.043(2), F.A.C., (7-22-24) http://flrules.org/Gateway/reference.asp?No=Ref-19202, hereby adopted and incorporated by reference, the Department will request quotes from agency term contractors for a phase of site rehabilitation that equals or exceeds $1 million.

(4) When the Department determines that direct assignment or requesting quotes from agency term contractors under subsection 62-772.400(3), F.A.C., will not provide the best value to the state, the Department will use an invitation to bid, request for proposal or invitation to negotiate as described in Section 287.057, F.S., to enter into a definite quantity contract to perform services at a petroleum contaminated site.

(5) Responsible Party Input. The Department will notify the responsible party in writing when its site comes up in the priority order for site rehabilitation. Within 30 days of receipt of notification, the responsible party shall respond to the Department indicating whether they desire to provide input to the Department in the rehabilitation process for their site.

(a) If the responsible party does not respond within 30 days or indicates that they do not wish to provide input into the rehabilitation of their site, then the Department will conduct the rehabilitation in accordance with the procedures of this chapter and chapter 62-780, F.A.C.

(b) A responsible party indicating a desire to provide input into the rehabilitation process will be provided the following:

1. Prior to direct assignment of an agency term contractor, or initiating a contractor selection process under paragraph 62-772.400(3)(b) or (4), F.A.C., the Department will consult with the responsible party on drafting the scope of work to be performed at the site for each phase of rehabilitation, taking into consideration site logistics such as structures on the property, conditions necessary to limit the interruption of business ongoing at the site and the responsible party’s documented requirements for safety or liability insurance.

2. The Department and the responsible party will discuss closure options available for the site under Rule 62-780.680, F.A.C.

3. For cause, the responsible party will have the option to reject one of the agency term contractors prior to the assignment of work under subsection 62-772.400(3), F.A.C.

4. In the event of an emergency, the responsible party shall have the right to demand that the contractor suspend work. The responsible party shall notify the Department’s Petroleum Restoration Program within four hours (or noon of the following business day if the suspension occurs during non-business hours).

(6) Renewal of contracts shall be subject to Sections 287.057(13) and 287.058(1)(g), F.S.

(7) Contract extensions shall be in writing for a period not to exceed 6 months. The extended contract shall be subject to the same terms and conditions set forth in the initial contract and any amendments signed by the parties. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the contractor. A contract extension is different than a contract renewal.

History

• Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 287.057, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30713, 376.30714, 376.30715, 376.3072 FS. History–New 6-13-14, Amended 4-13-26.

Fla. Admin. Code R. 62-772.401 Alternative Contractor Selection and Assignment

(1) Low Scored Site Initiative (LSSI). For a site participating in the LSSI program under Section 376.3071(12)(b), F.S., a participant shall:

(a) Select an agency term contractor;

(b) Select a qualified contractor not under contract with the Department provided that pricing levels and conditions can be negotiated on the best terms to the Department, or

(c) Agree to an informal quote process (using a request for written or electronic quote) administered by the Department in accordance with Rule 60A-1.002, F.A.C., using contractors that meet the minimum qualifications specified in Rule 62-772.300, F.A.C.

For the purpose of LSSI work, one contractor working on several site assessments shall not be considered circumvention as described in Section 287.057(9), F.S. since each site assessment is a single project, which does not exceed the threshold amount as required by Section 376.3071(12)(b)3.a., F.S.

(2) For sites in Advanced Cleanup under Section 376.30713, F.S., the Petroleum Cleanup Participation Program under Section 376.3071(13), F.S., or Site Rehabilitation Funding Allocation Agreements under Section 376.30714, F.S., the Department and the participant or applicant where the Department and its contractors have been granted site access, will negotiate the terms and conditions of the contract or agreement. If the participant or applicant is providing 25% or more of the cleanup cost, or the site will reach a funding cap under Section 376.3072(2)(a)3., or (2)(d)2.c., or d., F.S., then the participant or applicant may provide a recommendation to the Department regarding the assignment of an existing agency term contractor procured and retained pursuant to Rule 62-772.400, F.A.C. If a participant or applicant has recommended an agency term contractor and the Department plans to reject the recommendation, the Department shall provide its reasons in writing to the participant or applicant. Such rejection can be based upon the agency term contractor’s performance review pursuant to subsection 62-772.300(6), F.A.C., the status of the contractor’s qualifications pursuant to Rule 62-772.300, F.A.C., or whether the contractor is in compliance with the terms of its agency term contract. If the participant or applicant is providing less than 25% of the cleanup cost, the Department will follow subsections 62-772.400(3) through (5), F.A.C., for contractor assignment.

(3) Conditional Closure Agreements. For sites eligible for the Early Detection Incentive Program under Section 376.3071(10), F.S., Petroleum Liability and Restoration Insurance Program under Section 376.3072. F.S., Abandoned Tank Restoration Program under Section 376.305(6), F.S., or Innocent Victim Petroleum Storage System Restoration Program under Section 376.30715, F.S., the participant, where the Department and its contractors have been granted site access, may request to enter into a conditional closure agreement with the Department. Such an agreement shall provide a commitment by the participant, and by the current real property owner(s) of the subject property if different from the participant, to a conditional closure in accordance with subsection 62-780.680(2) or 62-780.680(3), F.A.C., based onsite specific information. As a part of this agreement, the participant may make a recommendation to the Department regarding the assignment of an existing agency term contractor procured and retained pursuant to Rule 62-772.400, F.A.C., for petroleum contaminated site response actions. If a participant recommends an agency term contractor and the Department plans to reject the recommendation, the Department shall provide its reasons in writing to the participant, at such time the participant may recommend another agency term contractor or withdraw its request to participate in a conditional closure agreement. The Department’s rejection can be based upon the agency term contractor’s performance review pursuant to subsection 62-772.300(6), F.A.C., the status of the contractor’s qualifications pursuant to Rule 62-772.300, F.A.C., or whether the contractor is in compliance with the terms of its agency term contract.

(4) Sites for which a participant or a qualified applicant have submitted a written request to enter into a conditional closure agreement and are negotiating with the Department in accordance with this subsection, shall not be subject to contractor assignment pursuant to subsections 62-772.400(3), (4) and (5), F.A.C., during the review and negotiation period, and while the participant or qualified applicant complies with the agreement once effective. The Department reserves the right to terminate negotiations if the participant or qualified applicant does not respond to requests for additional supporting documentation within 30 days of that person’s receipt of such a written request, if the Department and its contractors have been denied site access, or if a conditional closure agreement is not effective within 60 days of the date such a written agreement is sent to the participant or qualified applicant for execution. This provision does not change the requirement for cleanup funding based on the site priority ranking established pursuant to Section 376.3071(5)(a), F.S., except as otherwise provided for advanced cleanup sites under Section 376.30713, F.S.

(5) Sites submitted for a conditional closure agreement under subsection (3), and already subject to assignment to another qualified contractor for state-funded petroleum site rehabilitation under this chapter, shall continue under such assignment until the period of performance therein expires.

History

• Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.3071(12)(b), 376.3071(13)(c), 376.30713, 376.30713(3)(a), 376.30714, 376.30714(4), 376.30715, 376.3072 FS. History–New 1-16-14, Amended 4-6-16, 4-13-26.

Fla. Admin. Code R. 62-772.402 Exceptions to Competitive Procurement Requirements

(1) For emergencies, the Department shall follow the procedures in Section 287.057(3)(a), F.S. to mitigate immediate danger to the public health, safety, or welfare or other substantial loss to the state.

(2) For single source purchases, the Department shall follow the procedures in Section 287.057(3)(c), F.S.

History

• Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30713, 376.30714, 376.30715, 376.3072 FS. History–New 1-16-14, Technical Change 2-13-26.

Fla. Admin. Code R. 62-772.600 Contract Terms and Conditions

(1) Terms and Conditions. Department contracts under this chapter shall contain terms and conditions specified in section 287.058, F.S.

(2) Payments, purchases, warrants, and invoices are subject to the provisions in Sections 215.42, 215.422, and 112.061, F.S.

(3) The Department will include contingency statements as applicable in contracts which require annual appropriation in accordance with Section 287.0582, F.S.

(4) The Department will include the provisions in Section 287.0585, F.S. for late payments by contractors to subcontractors and suppliers and penalties, as applicable.

(5) The Department will include the provisions in Section 376.3071, F.S., as applicable.

History

• Rulemaking Authority 287.0595, 376.303, 376.3071 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.3071, 376.30713, 376.30714, 376.30715, 376.3072 FS. History–New 1-16-14, Amended 4-13-26.

Chapter 62-773 REIMBURSEMENT FOR PETROLEUM CONTAMINATION SITE CLEANUP

Fla. Admin. Code R. 62-773.100 Introduction and Scope

History

• Rulemaking Authority 376.303, 376.305, 376.3071, 376.3072 FS. Law Implemented 376.305, 376.3071, 376.3072 FS. History–New 5-3-88, Formerly 17-73.001, Amended 12-10-89, 6-25-91, 4-22-93, Formerly 17-773.100, Amended 8-11-98, Repealed 2-19-12.

Fla. Admin. Code R. 62-773.200 Definitions

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.3071, 376.3072 FS. History–New 5-3-88, Amended 10-5-88, Formerly 17-73.020, Amended 12-10-89, 6-25-91, 4-22-93, Formerly 17-773.200, Amended 8-11-98, Repealed 2-19-12.

Fla. Admin. Code R. 62-773.300 Auditing

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.3071, 376.3072 FS. History–New 5-3-88, Formerly 17-73.030, Amended 6-25-91, 4-22-93, Formerly 17-773.300, Repealed 2-19-12.

Fla. Admin. Code R. 62-773.350 Limitations

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.301, 376.3071, 376.3072 FS. History–New 5-3-88, Formerly 17-73.040, Amended 12-10-89, 6-25-91, 12-31-91, 4-22-93, Formerly 17-773.350, Amended 8-11-98, Repealed 2-19-12.

Fla. Admin. Code R. 62-773.400 Cost and Completion Schedule Estimate

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.3071, 376.3072 FS. History–New 5-3-88, Amended 10-5-88, Formerly 17-73.050, Amended 12-10-89, 6-25-91, 4-22-93, Formerly 17-773.400, Repealed 2-19-12.

Fla. Admin. Code R. 62-773.500 Program Tasks

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.3071, 376.3072 FS. History–New 5-3-88, Amended 10-5-88, Formerly 17-73.060, Amended 12-10-89, 6-25-91, 4-22-93, Formerly 17-773.500, Repealed 2-19-12.

Fla. Admin. Code R. 62-773.600 Reimbursement of Capital Expense Items

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.3071, 376.3072 FS. History–New 5-3-88, Amended 10-5-88, Formerly 17-73.070, Amended 12-10-89, 6-25-91, 4-22-93, Formerly 17-773.600, Repealed 2-19-12.

Fla. Admin. Code R. 62-773.650 Reimbursement Incentives

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.3071, 376.3072 FS. History–New 6-25-91, Amended 12-31-91, 4-22-93, Formerly 17-773.650, Repealed 2-19-12.

Fla. Admin. Code R. 62-773.700 Application for Reimbursement

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.3071, 376.3072 FS. History–New 5-3-88, Amended 10-5-88, Formerly 17-73.080, Amended 12-10-89, 6-25-91, 4-22-93, Formerly 17-773.700, Amended 8-11-98, Repealed 2-19-12.

Fla. Admin. Code R. 62-773.750 Reimbursement Application Review

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.3071, 376.3072 FS. History–New 5-3-88, Amended 10-5-88, Formerly 17-73.090, Amended 12-10-89, 4-22-93, Formerly 17-773.750, Repealed 2-19-12.

Fla. Admin. Code R. 62-773.800 Reimbursement Schedule

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.3071, 376.3072 FS. History–New 5-3-88, Formerly 17-73.100, Amended 12-10-89, 4-22-93, Formerly 17-773.800, Repealed 2-19-12.

Fla. Admin. Code R. 62-773.900 Forms

History

• Rulemaking Authority 376.303, 376.3071, 376.3072 FS. Law Implemented 376.3071, 376.3072 FS. History–New 5-3-88, Amended 10-5-88, Formerly 17-73.999, Amended 6-25-91, 4-22-93, Formerly 17-773.900, Repealed 2-19-12.

Chapter 62-777 CONTAMINANT CLEANUP TARGET LEVELS

Fla. Admin. Code R. 62-777.100 Referenced Guidelines

Specific references to the guidelines listed below are made within this chapter. These guidelines are not standards as defined in Section 403.803, F.S. Use of the guidelines is not mandatory; the guidelines are included for informational purposes only.

(1) Approach to the Assessment of Sediment Quality in Florida Coastal Water, Volumes 1-4, dated November 1994.

(2) Technical Report: Development of Cleanup Target Levels (CTLs) for Chapter 62-777, F.A.C., Final Report, dated February 2005.

(3) Guidance for the Selection of Analytical Methods and for the Evaluation of Practical Quantitation Limits, dated October 12, 2004.

(4) Development and Evaluation of Numerical Sediment Quality Assessment Guidelines for Florida Inland Waters, dated January 2003.

History

• Rulemaking Authority 376.303, 376.30701, 376.3071, 376.3078(4), 376.81, 403.061, 403.704 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.707 FS. History–New 8-5-99, Amended 4-17-05.

Fla. Admin. Code R. 62-777.150 Applicability

(1) This chapter provides criteria in tables and figures that apply to site rehabilitation at sites that are governed by the terms of a brownfield site rehabilitation agreement pursuant to Chapter 62-785, F.A.C.; to site rehabilitation pursuant to Chapters 67-730, F.A.C., Hazardous Waste, and 67-780, F.A.C., Contaminated Site Cleanup Criteria; and to the program specific contaminants of concern for site rehabilitation pursuant to Chapter 62-770, F.A.C., Petroleum Contamination Site Cleanup Criteria, and Chapter 62-782, F.A.C., Drycleaning Solvent Cleanup Criteria; and to the treatment of soil at facilities permitted pursuant to Chapter 62-713, F.A.C., Soil Treatment Facilities. Those rule chapters identify the specific contaminants of concern to be addressed and those rule chapters should be referenced for use and application of the tables and figures.

(2) Chapter 62-770, F.A.C., Table A, titled “Petroleum Products’ Contaminants of Concern,” identifies the specific petroleum products’ contaminants of concern for use at sites being addressed pursuant to Chapter 62-770, F.A.C.

(3) Contaminants of concern for sites pursuant to Chapters 67-730 and 67-780, F.A.C., are based on the site-specific circumstances and may include other contaminants of concern not listed in the tables and figures contained in this rule chapter.

(4) Chapter 62-782, F.A.C., Table A, titled “Drycleaning Contaminants of Concern,” identifies the specific drycleaning contaminants of concern for use at sites being addressed pursuant to Chapter 62-782, F.A.C.

(5) Contaminants of concern for sites that are governed by the terms of a brownfield site rehabilitation agreement pursuant to Chapter 62-785, F.A.C., are based on the site-specific circumstances and may include other contaminants of concern not listed in the tables and figures contained in this rule chapter.

(6) Contaminants of concern for soil treated pursuant to Chapter 62-713, F.A.C., are based on the types of soil that the facility is permitted to treat.

(7) As further provided in substantive provisions of the above-referenced rule chapters, contaminant cleanup target levels (CTLs) are default cleanup criteria and do not establish standards pursuant to Chapter 62-302, 62-520, or 62-550, F.A.C. Deviations from the default cleanup criteria are allowed if approved by the Department pursuant to applicable provisions of Chapters 62-713, 62-730, 62-770, 62-780, 62-782, and 62-785, F.A.C. Nothing herein is intended to limit the use of risk assessments and site-specific considerations to establish site-specific CTLs.

History

• Rulemaking Authority 376.303, 376.30701, 376.3071, 376.3078(4), 376.81, 403.061, 403.704 FS. Law Implemented 376.30701, 376.3071, 376.3078(4), 376.81, 403.707 FS. History–New 8-5-99, Amended 4-17-05.

Fla. Admin. Code R. 62-777.170 Derivation of Cleanup Target Levels

(1) Groundwater and Surface Water. In deriving groundwater and surface water CTLs, the methodology presented in the technical report referenced in subsection 67-777.100(2), F.A.C., was utilized.

(a) CTLs for contaminants found in groundwater are provided in Table I. The CTLs for contaminants are not to be construed to create any new water quality standards pursuant to Chapters 62-520 and 62-550, F.A.C. The numerical standards promulgated pursuant to Chapter 62-520, F.A.C., or CTLs derived using the minimum criteria specified in Chapter 62-520, F.A.C., are the CTLs referenced in Table I. In deriving groundwater CTLs based upon the minimum criteria specified in Chapter 62-520, F.A.C., the following factors were considered: calculations using a lifetime excess cancer risk level of 1.0E-6 and a hazard quotient of 1 or less; and nuisance, organoleptic, and aesthetic considerations. For contaminants not listed in Table I, the equations provided in Figures 1 and 2 and nuisance, organoleptic, and aesthetic considerations may be used to calculate CTLs for contaminants found in groundwater for sites or facilities subject to Chapter 62-713, 62-730, 62-780, or 62-785, F.A.C.

(b) CTLs for contaminants found in surface water or in contaminated groundwater that is discharging into surface water or that may discharge into surface water in the future based on available information (for example, monitoring well data, groundwater flow rate and direction, or fate and transport modeling), are also provided in Table I. The CTLs for contaminants are not to be construed to create any new water quality standards pursuant to Chapter 62-302, F.A.C. The numerical standards promulgated in Chapter 62-302, F.A.C., CTLs derived based on human health endpoints and calculated using Figure 3A, or CTLs derived using the toxicity criteria specified in Chapter 62-302, F.A.C., and calculated using Figure 3B, are the CTLs referenced in Table I. For contaminants not listed in Table I, the equations provided in Figure 3A and the methodology provided in Figure 3B may be used to calculate CTLs for contaminants found in surface water, or groundwater that is discharging into surface water for sites or facilities subject to Chapter 62-713, 62-730, 62-780, or 62-785, F.A.C.

(c) Table IV provides site-specific conditions and geochemical parameters that may be used for a technical evaluation of the appropriateness of natural attenuation.

(d) Table V provides default source concentrations that may be used for a technical evaluation of the appropriateness of natural attenuation.

(2) Soil. In deriving soil CTLs, the methodology presented in the technical report referenced in subsection 62-777.100(2), F.A.C., was utilized.

(a) CTLs for contaminants found in soil are provided in Table II. As further provided in other substantive provisions of those rule chapters, the soil CTLs contained herein are default criteria. Deviations from the default criteria are allowed if approved by the Department pursuant to applicable provisions of Chapters 62-713, 62-730, 62-770, 62-780, 62-782, and 62-785, F.A.C. In deriving soil CTLs for human exposure to each contaminant found in soil, the following factors were considered: calculations using a lifetime excess cancer risk level of 1.0E-6 and a hazard quotient of one (1) or less. The leachability-based soil CTLs for protection of the groundwater and surface water were derived based on the groundwater and surface water CTLs provided in Table I. The equations provided in Figures 4, 5, 6, 7, and 8 may be used to calculate CTLs for contaminants found in soil not listed in Table II for sites or facilities subject to Chapter 62-713, 62-730, 62-780, or 62-785, F.A.C. To calculate 2,3,7,8-TCDD equivalent concentrations for evaluation of samples that contain dioxins and furans, the Toxic Equivalent Factors (TEFs) and approach described in the technical report referenced in subsection 67-777.100(2), F.A.C., shall be used. To calculate benzo(a)pyrene equivalent concentrations for evaluation of samples that contain carcinogenic Polycyclic Aromatic Hydrocarbons (PAHs), the TEFs and approach described in the technical report referenced in subsection 67-777.100(2), F.A.C., shall be used.

(b) Table III provides soil properties, and test methods that may be used for determining soil properties, for the derivation of alternative CTLs based on site-specific soil characteristics [refer to the technical report referenced in subsection 67-777.100(2), F.A.C., for guidance on the derivation of alternative CTLs].

(c) Table VI provides default parameters that may be used in Figures 4, 5, and 7.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.061, 403.704 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.707 FS. History–New 8-5-99, Amended 4-17-05.

Chapter 62-780 CONTAMINATED SITE CLEANUP CRITERIA

Fla. Admin. Code R. 62-780.100 Referenced Guidelines and Information Sources

Specific references to the guidelines and information sources listed below are made within this chapter. The guidelines and information sources are not standards as defined in section 403.803, F.S. Use of these guidelines and information sources is not mandatory and not enforceable; the guidelines and information sources are included for informational purposes only.

(1) Approach to the Assessment of Sediment Quality in Florida Coastal Water, Volumes 1-4, dated November 1994.

(2) Technical Report: Development of Cleanup Target Levels (CTLs) for chapter 62-777, F.A.C., Final Report, dated February 2005.

(3) Chapter 62-780, F.A.C., Contaminated Site Risk-Based Corrective Action (RBCA) Flow Process charts, dated March 21, 2013.

(4) American Society for Testing and Materials (ASTM) RBCA Fate and Transport Models: Compendium and Selection Guidance, dated 1999.

(5) Guidance for the Selection of Analytical Methods and for the Evaluation of Practical Quantitation Limits, dated October 12, 2004.

(6) Development and Evaluation of Numerical Sediment Quality Assessment Guidelines for Florida Inland Waters, dated January 2003.

(7) Institutional Controls Procedures Guidance, Division of Waste Management, Florida Department of Environmental Protection, dated July 2016.

(8) Guidance for Evaluating the Technical Impracticability of Ground-Water Restoration, Environmental Protection Agency, draft Interim Guidance, dated September 1993. (Note: USEPA terminology used in this publication may be inconsistent with Department language used in this rule chapter.)

(9) Toxicity Test Methods, Florida Department of Environmental Protection Interoffice Memorandum, dated February 16, 2016.

(10) USEPA Integrated Risk Information System (IRIS) database.

(11) Provisional Peer Reviewed Toxicity Values (PPRTV) derived by the USEPA’s Superfund Technical Support Center for the USEPA Superfund program.

(12) Agency for Toxic Substances and Disease Registry Minimal Risk Levels (MRLs).

(13) Tolerable Upper Intake Levels issued by the Institute of Medicine, National Academy of Sciences.

(14) USEPA Health Effects Assessment Summary Tables (HEAST).

(15) Human Health Benchmarks for Pesticides and other toxicity values in technical documents available from the USEPA Office of Pesticide Programs.

(16) USEPA Office of Water, Drinking Water Regulations and Health Advisory Levels.

(17) California Environmental Protection Agency Office of Environmental Health Hazard Assessment’s Chronic Reference Exposure Levels and Cancer Potency Values.

(18) World Health Organization Tolerable Daily Intake values.

(19) International Toxicity Estimates for Risk.

(20) Values listed as “Withdrawn” in the IRIS database.

(21) ITRC (Interstate Technology & Regulatory Council). 2012. Incremental Sampling Methodology. ISM-1. Washington, DC: Interstate Technology & Regulatory Council, Incremental Sampling Methodology Team. www.itrcweb.org.

(22) Mineral Oil Dielectric Fluid Emergency Response Action Protocol, dated May 2016.

(23) Heavy Fuel Oil Discharge Response Actions, dated May 2016.

(24) Dose Additivity Guidance, dated August 3, 2016.

Editorial Note: Portions of this rule were copied from rules 62-770.140; 62-782.100; and 62-785.100, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81 FS. History–New 4-17-05, Amended 6-12-13, 2-4-14, 2-2-17.

Fla. Admin. Code R. 62-780.110 Purpose, Intent, and General Principles

History

• Rulemaking Authority 376.30701 FS. Law Implemented 376.30701 FS. History–New 4-17-05, Repealed 2-16-12.

Fla. Admin. Code R. 62-780.150 Applicability

(1) This chapter applies to site rehabilitation conducted at sites contaminated with pollutants, hazardous substances, drycleaning solvents, petroleum and petroleum products, and supersedes chapters 62-770, 62-782, and 62-785, F.A.C., subject to the grandfathering provisions of subsection 62-780.150(5), F.A.C. Any correspondence, reports, cleanup agreement documents, contracts or similar documents that reference superseded rules are not required to be amended to remain valid and in force.

(2) Every person who has legal responsibility for site rehabilitation pursuant to chapter 376 or 403, F.S., except those specifically excluded herein, shall comply with the provisions of this chapter and are subject to enforcement to compel compliance with the provisions of this chapter.

(3) Any person who voluntarily rehabilitates a site shall comply with the provisions of this chapter if that person wishes the Department to review any documents concerning site rehabilitation or issue any order with respect to completion of the rehabilitation tasks. The cleanup criteria contained in this chapter shall apply to voluntary cleanups conducted at all sites contaminated with drycleaning solvents including site rehabilitation at drycleaning facilities or wholesale supply facilities governed by the terms of a Voluntary Cleanup Agreement (VCA) executed by the Person Responsible for Site Rehabilitation (PRSR) and the Department pursuant to section 376.3078(11), F.S. The cleanup criteria contained in this chapter also shall apply to any voluntary brownfield site rehabilitation that is governed by the terms of a Brownfield Site Rehabilitation Agreement (BSRA), within a designated brownfield area. The BSRA shall be executed by the person responsible for brownfield site rehabilitation (i.e., the PRSR) and the Department pursuant to section 376.80(5), F.S.

(4) This chapter applies to site rehabilitation conducted as a state-managed cleanup by the Department.

(5) This chapter and the CTLs developed pursuant to this chapter apply to site rehabilitation whether the release or discharge causing or contributing to the contamination occurred prior to, on, or after the effective date of this chapter, unless:

(a) The Department has accepted CTLs for a site in an approved technical document (for example, a Risk Assessment Report, a Natural Attenuation Monitoring Plan, or a Remedial Action Plan), Brownfields Site Rehabilitation Agreement, current permit, Superfund Record of Decision with which the Department has concurred, or other cleanup agreement document (CAD) with the Department, and the PRSR continues the activities necessary to achieve those CTLs in accordance with the approved technical document, permit, Superfund Record of Decision, or other CAD until those CTLs are achieved, or

(b) The site has received a “No Further Action” determination or a Site Rehabilitation Completion Order from the Department prior to April 17, 2005. However, the PRSR may elect to have the criteria of this chapter, including CTLs established pursuant thereto, apply in lieu of those in an approved technical document, current permit, or other CAD.

(6) This chapter shall be applied in conjunction with chapter 62-777, F.A.C., to determine the appropriate CTLs for a contaminated site. chapter 62-777, F.A.C., provides default groundwater, surface water, and soil CTLs, as well as natural attenuation default concentrations for groundwater. chapter 62-777, F.A.C., also includes a listing of soil properties and test methods, a listing of site-specific conditions and geochemical parameters, and default parameters and equations that may be used to establish CTLs for discharged pollutants, chemicals or other substances that are not listed in chapter 62-777, F.A.C., or to develop alternative groundwater and soil CTLs for listed contaminants.

(7) CTLs for each contaminant found in groundwater, surface water, or soil, as specified in chapter 62-777, F.A.C., Tables I and II, or derived pursuant to chapter 62-777, F.A.C., or alternative CTLs that may be established pursuant to rule 62-780.650 or 62-780.680, F.A.C., are applicable in implementing the provisions of this chapter and are enforceable by the Department pursuant to this chapter at contaminated sites at which legal responsibility for site rehabilitation exists.

(8) For contaminants found at the site about which information regarding the actual circumstances of exposure has been provided to the PRSR, the CTLs for the affected medium or media, except where a state water quality standard is applicable, shall be adjusted (if appropriate) to take into account the site-specific exposure conditions including multiple pathways of exposure that affect the same individual or subpopulation, and site-specific CTLs shall be calculated taking into account potential dose additivity of contaminants.

(9) If a Consent Order, permit or CAD that requires assessment and rehabilitation of a site has been entered into with the Department prior April 17, 2005, compliance with the terms of the Consent Order, permit or CAD shall constitute compliance with the provisions of this chapter.

(10) This chapter does not apply to the rehabilitation of sites contaminated with radiological substances to the extent that such rehabilitation is governed by chapter 404, F.S., or the Federal Atomic Energy Act of 1954, Chapter 1073, Statute 923, as amended.

(11) Receipt of approval pursuant to this chapter does not relieve the PRSR from the obligation to comply with other Department rules (for example, chapters 62-701, 62-713, and 62-730, F.A.C.) regarding disposal, relocation, or treatment of contaminated media. The PRSR is advised that other federal, state, or local laws and regulations may apply to these activities.

Editorial Note: Portions of this rule were copied from rule 62-770.160, Formerly 17-70.004 and Formerly 17-770.160; 62-782.150; and 62-785.150, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81 FS. History–New 4-17-05, Amended 6-12-13, 2-2-17.

Fla. Admin. Code R. 62-780.200 Acronyms and Definitions

All words and phrases defined in sections 376.301 and 376.79, F.S., shall have the same meaning when used in this chapter unless specifically stated otherwise in this chapter. See sections 376.301 and 376.79, F.S., for definitions of the following terms: “Additive effects,” “Antagonistic effects,” “Brownfield area,” “Brownfield site,” “Cleanup target level,” “Contaminant,” “Contaminated site,” “Discharge,” “Drycleaning facility,” “Drycleaning solvents,” “Hazardous substances,” “Institutional control,” “Long-term natural attenuation,” “Natural attenuation,” “Person responsible for brownfield site rehabilitation,” “Petroleum,” “Petroleum product,” “Pollutants,” “Risk reduction,” “Site rehabilitation,” “Synergistic effects,” “Temporary point of compliance,” and “Wholesale supply facility.” The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings:

(1) “Action level” means a specified concentration of a contaminant that, if exceeded during natural attenuation with monitoring or post active remediation monitoring, may require additional site assessment or active remediation. Action levels are established during the approval process for Natural Attenuation Monitoring Plans pursuant to rule 62-780.690, F.A.C., and Post Active Remediation Monitoring Plans pursuant to rule 62-780.750, F.A.C. “Action levels” are not equivalent to “cleanup target levels.”

(2) “Dose Additivity” is the calculated interactive effects of chemicals that share the same mechanism of toxicity. Guidance on the chemicals encompassed and methods for assessing dose additivity is provided in the “Dose Additivity” document referenced in subsection 62-780.100(24), F.A.C.

(3) “Background concentrations” means concentrations of contaminants that are naturally occurring or resulting from anthropogenic impacts unrelated to the discharge of pollutants or hazardous substances at a contaminated site undergoing site rehabilitation, in the groundwater, surface water, soil, or sediment in the vicinity of the site.

(4) “Best achievable detection limit” means the practical quantitation limit. [Refer to the PQL guidelines referenced in subsection 62-780.100(5), F.A.C., for guidance.]

(5) “Brownfield Site Rehabilitation Agreement” (BSRA) means an agreement entered into between the person responsible for brownfield site rehabilitation and the Department. The BSRA shall at a minimum establish the time frames, schedules, and milestones for completion of site rehabilitation tasks and submission of technical reports, and other commitments or provisions pursuant to section 376.80(5), F.S., and this chapter.

(6) “BSRA” means Brownfield Site Rehabilitation Agreement.

(7) “CAD” means cleanup agreement document.

(8) “Cleanup agreement document” (CAD) means any order or agreement issued to or entered into by the Department with a Person Responsible for Site Rehabilitation, including a voluntary cleanup agreement, permit, consent order, final order, or final judgment. For brownfield sites subject to a BSRA, CAD shall mean the BSRA. The CAD shall at a minimum establish the time frames, schedules, and milestones for completion of site rehabilitation tasks and submission of technical documents, and other commitments or provisions pursuant to this chapter.

(9) “Conceptual Site Model” (CSM) means a written and/or graphic representation of the physical, chemical and biological processes that affect the transport, migration and actual or potential exposure to contamination in all affected media to human and ecological receptors. The CSM is used to develop and refine the extent of site assessment, support remedial alternative, mitigation and cleanup technology evaluations, and support risk management decisions. The CSM is an optional submittal and may be prepared or updated at any time during site rehabilitation as new or revised information becomes available. The CSM may be a single document or combined with any other document.

(10) “Contaminated” or “contamination” means the presence of free product or any contaminant in surface water, groundwater, soil, sediment, or upon the land, in concentrations that exceed the applicable CTLs specified in chapter 62-777, F.A.C., or water quality standards in chapter 62-302 or 62-520, F.A.C., or in concentrations that may result in contaminated sediment. At sites where alternative CTLs have been developed solely based upon intrinsic chemical properties that do not vary under different exposure scenarios (e.g., toxicity) or based upon a risk assessment where the exposure parameters have been demonstrated to be applicable throughout the study area, then such alternative CTLs are the applicable CTLs for evaluting “contaminated” or “contamination” and would supersede the CTLs specified in chapter 62-777, F.A.C. However, alternative CTLs can not be substituted for water quality standards in chapter 62-302 or 62-520, F.A.C. This definition is solely for use within chapter 62-780, F.A.C., and pursuant to section 376.30701(1)(a), F.S., shall not be used to establish legal responsibility for conducting site rehabilitation.

(11) “Contaminated sediment” means sediment that is contaminated as determined by the concentrations of the contaminants, actual circumstances of exposure, biological diversity studies, toxicity testing, or other evidence of harmful effects, as applicable. [Refer to the sediment guidelines referenced in subsections 62-780.100(1) and (6), F.A.C., for guidance on the evaluation of contaminant concentrations, sediment quality conditions, and testing methods.]

(12) “CSM” means conceptual site model.

(13) “CTL” means cleanup target level as defined in section 376.301, F.S.

(14) “Department” means the FDEP, or a county or Department of Health local program established under a contract pursuant to section 376.3073, F.S., to assist the FDEP in the administration of the petroleum contamination site cleanup program, or a local pollution control program that has received delegated authority from the FDEP pursuant to sections 376.80(9) and 403.182, F.S., to administer all or part of the brownfields program. For more information, visit the FDEP website.

(15) “Emergency response action” means activities intitiated pursuant to rule 62-780.500, F.A.C., within 24 hours of discovery of an unexpected situation or sudden occurrence of a serious and urgent nature that demands immediate action to alleviate a threat to human health, public safety, or the environment.

(16) “Engineering control” means use of existing features (such as buildings) or modifications to a site to reduce or eliminate the potential for migration of, or exposure to, contaminants. Examples of modifications include physical or hydraulic control measures, capping, point-of-use treatments, or slurry walls.

(17) “Excessively contaminated soil” for the purposes of section 376.3071(12)(b), F.S., means soil saturated with petroleum or petroleum products or soil that causes a total corrected hydrocarbon measurement of 500 parts per million (ppm) or higher for Gasoline Analytical Group or 50 ppm or higher for Kerosene Analytical Group. Readings shall be obtained at the site on an organic vapor analysis instrument with a flame ionization detector in the survey mode upon sampling the headspace in half-filled, 8-ounce or 16-ounce jars. Each soil sample shall be split into two jars, the two subsamples shall be brought to a temperature of between 20° C. (68° F.) and 32° C. (90° F.), and the readings shall be obtained 5 to 30 minutes thereafter. One of the readings shall be obtained with the use of an activated charcoal filter unless the unfiltered reading is nondetect. The total corrected hydrocarbon measurement shall be determined by subtracting the filtered reading from the unfiltered reading. Instruments with a photo ionization detector may be used, but shall not be used in situations where humidity will interfere with the instruments’ sensitivity (including periods of rain, measuring wet or moist soil). If an instrument with a photo ionization detector is used, a filtered reading is not warranted and therefore sample splitting is not necessary. Analytical instruments shall be calibrated in accordance with the manufacturer’s instructions.

(18) “Exposure unit” means an area over which receptors are expected to have equal and random exposure.

(19) “FDEP” means the Florida Department of Environmental Protection.

(20) “Free product” means the presence of a non-aqueous phase liquid in the environment in excess of 0.01 foot in thickness, measured at its thickest point.

(21) “Gasoline Analytical Group” means aviation gasoline, gasohol, and motor gasoline or equivalent petroleum products.

(22) “Groundwater” means water beneath the surface of the ground within a zone of saturation, whether or not flowing through known or definite channels.

(23) “Incremental Sampling Methodology” means a structured composite sampling and processing protocol that reduces data variability and provides a reasonably unbiased estimate of mean contaminant concentrations in a volume of soil. [Refer to “Incremental Sampling Methodology” referenced in subsection 62-780.100(21), F.A.C., for guidance.]

(24) “Innovative technology” means a process that has been tested and used as a treatment for contamination, but lacks an established history of full-scale use and information about its cost and how well it works sufficient to support prediction of its performance under a variety of operating conditions.

(25) “Interim source removal” means the removal of free product, contaminated groundwater, contaminated sediment, or contaminated soil, or the removal of contaminants from soil or sediment that has been contaminated to the extent that leaching to groundwater or surface water has occurred or is occurring, prior to approval of a Remedial Action Plan pursuant to rule 62-780.700, F.A.C.

(26) “ISM” means incremental sampling methodology.

(27) “Kerosene Analytical Group” means diesel, Jet-A, Jet-B, JP-4, JP-5, and kerosene or equivalent petroleum products.

(28) “Low yield” means groundwater that is contained in an aquifer that has an average hydraulic conductivity of less than one foot per day, determined by performing slug tests or an equivalent method for determining hydraulic conductivity on a minimum of three monitoring wells in each affected monitoring zone; and a maximum yield of 80 gallons per day, determined by pumping a four-inch well screened across the cross-section of the plume, for a minimum of two hours.

(29) “Monitoring well” means a well constructed with a surface seal and a sand filter pack in order to provide for the collection of representative groundwater samples for laboratory analyses. Such wells may also be used to detect the presence of free product or collect water-level elevation data to aid in determining the direction of groundwater flow.

(30) “MTBE” means Methyl tert-butyl ether.

(31) “Newspaper of general circulation” means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices, or a newspaper that is given away primarily to distribute advertising.

(32) “Organoleptic” means pertaining to, or perceived by, a sensory organ (i.e., color, taste, or odor).

(33) “PAHs” means Polycyclic Aromatic Hydrocarbons.

(34) “PCBs” means Polychlorinated Biphenyls.

(35) “Person Responsible for Site Rehabilitation” (PRSR) means the Department when conducting site rehabilitation, or any of the following, which may include an agent or authorized representative, unless prohibited by statute or rule:

(a) Any person who has legal responsibility for site rehabilitation pursuant to chapter 376 or 403, F.S., or any person who voluntarily rehabilitates a site pursuant to the requirements of this chapter and seeks an acknowledgement from the Department for approval of site rehabilitation program tasks;

(b) The individual or entity that is designated by a local government in its resolution establishing a brownfield area to enter into the brownfield site rehabilitation agreement with the Department, and that enters into an agreement with the local government for redevelopment of the site pursuant to section 376.80(5)(i), F.S.;

(c) The real property owner, the facility owner, the facility operator, the discharger, or other person or entity responsible for site rehabilitation, or the Department when the Department is conducting the site rehabilitation at facilities with discharges eligible for state-funded cleanup pursuant to sections 376.305(6), 376.3071(9), 376.3071(13), and 376.3072, F.S., or

(d) A responsible party, a real property owner, or any individual or entity that has entered into a Voluntary Cleanup Agreement with the Department pursuant to section 376.3078(11)(b), F.S., that is conducting site rehabilitation at a drycleaning solvent contaminated site pursuant to this chapter.

(36) “Petroleum products’ contaminants of concern” means the contaminants listed in Table B of this chapter (tables are located at the end of rule 62-780.900, F.A.C.), and similar chemicals found in additives, provided the contaminants are present as a result of a discharge of petroleum or petroleum products as defined in section 376.301, F.S.

(37) “Piezometer” means a permanent or temporary well that may be designed and constructed without the surface sealing or sand filter pack requirements of a monitoring well. This type of well is primarily used to detect the presence of free product or collect water-level elevation data to aid in determining the direction of groundwater flow.

(38) “Plume” means the portion of an aquifer or aquifers in which groundwater contamination above applicable CTLs, and background concentrations as defined in subsection 62-780.200(3), F.A.C., has been detected.

(39) “Poor quality” means groundwater within the affected monitoring zone with background concentrations, as defined in subsection 62-780.200(3), F.A.C., that exceed any of Florida’s Primary or Secondary Drinking Water Standards referenced in chapter 62-550, F.A.C.

(40) “PQL” means practical quantitation limit.

(41) “Practical quantitation limit” (PQL) means the lowest level that can be reliably measured during routine laboratory operating conditions within specified limits of precision and accuracy. [Refer to the PQL guidelines referenced in subsection 62-780.100(5), F.A.C., for guidance.]

(42) “Product recovery” means the removal of free product.

(43) “PRSR” means person responsible for site rehabilitation.

(44) “Real property owner” means the person or entity that is vested with ownership, dominion, or legal or rightful title to the real property. For a drycleaning facility, this includes an individual or entity that has a ground lease interest in the real property, on which a drycleaning facility or wholesale supply facility is or has ever been located.

(45) “Response Action Contractor” means a person who is carrying out any emergency response action activities pursuant to rule 62-780.500, F.A.C., including a person retained or hired by such person to provide services relating to an emergency response action.

(46) “Sediment” means the unconsolidated solid matrix occurring immediately beneath any surface water body. The surface water body may be present part or all of the time and may support a wetland environment or vegetation.

(47) “Site” means “contaminated site” as defined in section 376.301, F.S.

(48) “Site assessment” means the performance of any of the tasks or activities as described in rules 62-780.525 and 62-780.600, F.A.C.

(49) “Source removal” means the removal of free product, contaminated groundwater, contaminated sediment, or contaminated soil, or the removal of contaminants from soil or sediment that has been contaminated to the extent that leaching to groundwater or surface water has occurred or is occurring, after approval of a Remedial Action Plan pursuant to rule 62-780.700, F.A.C.

(50) “Surface water” means water upon the surface of the earth where state water quality standards apply, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth's surface.

(51) “TPOC” means temporary point of compliance.

(52) “TRPHs” means Total Recoverable Petroleum Hydrocarbons.

(53) “UCL” means upper confidence limit estimate of the arithmetic mean.

(54) “Used oil” means any lubricants for use in internal combustion engines that have been refined from crude oil and, as a result of use, storage, or handling, have become unsuitable for their original purpose due to the presence of impurities or loss of properties, but that may be suitable for further use as a fuel or are economically recyclable for use as a fuel. “Used oil” shall not include any used oil that has been mixed with any material that is a hazardous waste, unless the material is a hazardous waste solely due to the characteristic of ignitability as defined in 40 CFR Part 261, Subpart C (7-1-12 Edition), hereby adopted and incorporaed by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-02417).

(55) “VCA” means Voluntary Cleanup Agreement.

(56) “VOHs” means Volatile Organic Halocarbons.

(57) “Voluntary Cleanup Agreement” (VCA) means an agreement entered into between a PRSR and the Department for the purpose of rehabilitating a site contaminated with drycleaning solvents. The VCA shall at a minimum establish the time frames, schedules, and milestones for completion of site rehabilitation tasks and submission of technical reports, and other commitments or provisions pursuant to section 376.3078(11), F.S., and this chapter.

(58) “Waters” or “waters of the state” means waters as defined in section 403.031, F.S.

Editorial Note: Portions of this rule were copied from rule 62-770.200, Formerly 17-70.003 and Formerly 17-770.200; 62-782.200; and 62-785.200, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81 FS. Law Implemented 376.301, 376.3071, 376.30701, 376.3078(4), 376.81 FS. History–New 4-17-05, Amended 6-12-13, 2-2-17.

Fla. Admin. Code R. 62-780.210 Contamination Reporting

(1) Upon discovery of petroleum or petroleum products contamination (unless the contamination is the result of a previously reported discharge for which site rehabilitation completion has not been achieved) or upon a discharge of petroleum or petroleum products, notification shall be submitted using the Discharge Report Form incorporated in rule 62-761.900, F.A.C. [Form Number 62-761.900(1)], unless the discharge was less than 25 gallons onto a pervious surface and will be addressed pursuant to subsection 62-780.560(1), F.A.C. If the discharge will be addressed as an Emergency Response Action (Rule 62-780.500, F.A.C.) or Interim Source Removal (rule 62-780.525, F.A.C.), the discharge shall be reported to the State Watch Office and the Discharge Report Form shall be submitted to the FDEP Office of Emergency Response.

(a) If the discharge was from a storage tank system regulated pursuant to chapter 62-761 or 62-762, F.A.C., the discharge shall be reported by the facility owner or operator pursuant to the applicable requirements of chapters 62-761 and 62-762, F.A.C., or

(b) All other discharges of petroleum or petroleum products of less than 25 gallons that are not addressed pursuant to subsection 62-780.560(1), F.A.C., shall be reported within one week of discovery. Discharges of petroleum or petroleum products equal to, or exceeding, 25 gallons onto pervious surfaces or any discharge to surface waters shall be reported to the State Watch Office or FDEP Office of Emergency Response as soon as possible, but no later than 24 hours after occurrence. The discharge shall be reported by:

1. The discharger, or

2. The owner or operator if the discharger is unknown or if the discovery was the result of a previously unreported discharge.

(2) A discharge of drycleaning solvents greater than one quart outside of a containment structure shall be reported to the state through the State Watch Office pursuant to section 376.3078(9)(c), F.S.

(3) Except as provided in subsection (2), discharges of pollutants or hazardous substances, other than petroleum or petroleum products, that are being addressed pursuant to chapter 62-780, F.A.C., are not subject to the notification and reporting requirements of this rule section. A discharge of petroleum or petroleum products contaminated with significant quantities of other substances is also not subject to the notification and reporting requirements of this rule section.

(4) Notwithstanding the provisions of subsections 62-780.210(1)-(3), F.A.C., nothing in this chapter shall be construed to negate reporting requirements under other local, state or federal laws, such as chapter 62-150, F.A.C., Hazardous Substance Release Notification, the Emergency Planning and Community Right-To-Know Act, Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. s. 11001, et seq. (SARA), the Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, Chapter 252, Part II, F.S., and the reporting requirements for discharges of oil to navigable waters pursuant to 40 C.F.R. Parts 110 and 112.

(5) For the purposes of rule 62-780.210, F.A.C.:

(a) “Discharger” means the person who has dominion or control over the petroleum or petroleum products at the time of the discharge into the environment.

(b) “Discovery” means:

1. Observance or detection of free product in boreholes, wells, open drainage ditches, open excavations or trenches, or on nearby surface water, or petroleum or petroleum products in excess of 0.01 foot in thickness in sewer lines, subsurface utility conduits or vaults, unless the product has been removed and it was confirmed that a release into the environment did not occur,

2. Observance of visually stained soil or odor of petroleum products resulting from a discharge of used oil equal to, or exceeding, 25 gallons on a pervious surface [see subsection 62-780.560(1), F.A.C., for cleanup requirements applicable to discharges of less than 25 gallons],

3. Discharges of petroleum or petroleum products equal to, or exceeding, 25 gallons on a pervious surface [see subsection 62-780.560(1), F.A.C., for cleanup requirements applicable to discharges of less than 25 gallons],

4. Results of analytical test on a groundwater sample that exceed the CTLs referenced in chapter 62-777, F.A.C., Table I, groundwater criteria column for the petroleum products’ contaminants of concern listed in Table B of this chapter (located at the end of rule 62-780.900, F.A.C.), or

5. Results of analytical test on a soil sample that exceed the lower of the direct exposure residential CTLs and leachability based on groundwater criteria CTLs specified in chapter 62-777, F.A.C., Table II for the petroleum products’ contaminants of concern listed in Table B of this chapter.

Editorial Note: Portions of this rule were copied from rule 62-770.250, Formerly 17-770.250, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.3078 FS. Law Implemented 376.305, 376.3071, 376.30701, 376.3078 FS. History–New 6-12-13, Amended 2-2-17.

Fla. Admin. Code R. 62-780.220 Notices

(1) Notice of Field Activities. Within the time frames specified in Table A (located at the end of rule 62-780.900, F.A.C.) or the CAD, the PRSR, its agent, or authorized representative shall provide written notice to the Department prior to performing field activities such as interim source removal activities, installing monitoring or recovery well(s), performing sampling, installing remediation equipment, or installing an engineering control. Personnel from the Department shall be allowed the opportunity to observe these field activities and to take sub-samples. If the Department chooses to be present when field activities are being performed, the Department shall be responsible for confirming that the field activities are being performed in accordance with the schedule provided in the written notification.

(2) Initial Notice of Contamination Beyond Property Boundaries. Section 376.30702, F.S., provides specific notice requirements upon a PRSR’s discovery from laboratory analytical results that comply with appropriate quality assurance protocols pursuant to chapter 62-160, F.A.C., that contamination exists in any medium beyond the boundaries of the property at which site rehabilitation was initiated pursuant to this chapter. Upon such discovery, the PRSR shall notify the FDEP as soon as possible, but not later than 10 days after discovery. The notice shall be provided on Form 62-780.900(1) titled “Initial Notice of Contamination Beyond Property Boundaries” effective date 6-12-13, hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-01488). Forms may be obtained from the Division of Waste Management website at www.dep.state.fl.us/waste. The PRSR shall simultaneously mail a copy of such notice to the appropriate FDEP district office, county health department, and all known lessees and tenants of the source property. Refer to section 376.30702(2), F.S., for additional details about this requirement and the information that must be included in the notice.

(3) Subsequent Notice of Contamination Beyond Source Property Boundaries for Establishment of a Temporary Point of Compliance (TPOC). Pursuant to section 376.30701(2)(b), F.S., prior to the Department authorizing a temporary extension of the point of compliance beyond the boundary of the source property (i.e., the location from which the contamination originates) in conjunction with Natural Attenuation Monitoring pursuant to rule 62-780.690, F.A.C., or Active Remediation pursuant to rule 62-780.700, F.A.C., the PRSR shall provide “actual notice” to local governments and the owners of any property into which the point of compliance is allowed to extend and “constructive notice” to residents and business tenants of the property into which the point of compliance is allowed to extend. Persons receiving such notice shall have the opportunity to comment within 30 days after receipt of the notice. For the purposes of this rule 62-780.220, F.A.C., “actual notice” and “constructive notice” shall mean as follows:

(a) Actual notice in written form mailed by “Certified Mail, Return Receipt Requested” or other form of delivery that provides confirmation of receipt to the appropriate County Health Department and all record owners of any real property into which the point of compliance is allowed to extend (mailed to the owner’s address listed in the current county property tax office records). The notice shall include the following information:

1. The type of proposed agency action (i.e., temporary extension of the point of compliance),

2. A description of the location of the subject site and the name and address of the PRSR,

3. The location where complete copies of any relevant documents concerning the site and the proposed remedial strategy, including temporary extension of the point of compliance, are available for public inspection,

4. The name and address of a contact person at the Department who is the project manager for the site rehabilitation, to whom comments should be directed, and from whom copies of the Department’s actions regarding the site may be requested; and,

5. A paragraph including the statement: “Persons receiving this notice shall have the opportunity to comment on the Department’s proposed action within 30 days of receipt of the notice.” For purposes of actual notice, the 30-day comment period shall commence on the delivery date stamped on the return receipt; and,

(b) Constructive notice to residents [if different from the real property owner(s) notified pursuant to paragraph 62-780.220(3)(a), F.A.C.] and business tenants of any real property into which the point of compliance is allowed to extend. Such constructive notice is not required for site rehabilitation being conducted for petroleum or petroleum products contamination not associated with a brownfield site. Such constructive notice, which shall include the same information as required in the actual notice, shall be provided by complying with the following:

1. Publishing the notice one time, at least two columns wide by 10 inches long with a headline in a type no smaller than 18-point font and the body of the notice in a type no smaller than 10-point font, in a standard-size newspaper of general circulation,

2. Including a statement in the notice indicating the 30-day deadline by which comments must be received. For purposes of constructive notice, the 30-day comment period shall commence on the date the notice is published in the newspaper.

(c) Copies of notices, both actual and constructive, must be provided to the Department as proof of compliance with this subsection. For purposes of the constructive notice, the PRSR shall provide a copy of the version printed in the newspaper or submit the actual newspaper page itself.

(4) Status Update 5-Year Notice. When utilizing a TPOC beyond the boundary of the source property to facilitate natural attenuation monitoring or active remediation, an additional notice concerning the status of the site rehabilitation shall be similarly provided every five years to the classes of persons who received notice pursuant to subsection 62-780.220(3), F.A.C., unless in the intervening time, such persons have been informed that the contamination no longer affects the property into which the point of compliance was allowed to extend.

(5) Warning Signs at Hazardous Waste Sites. At sites where a risk of exposure to the public exists due to contamination of the soil, sediment, or surface water with hazardous waste as defined in section 403.703(13), F.S., the PRSR shall place warning signs pursuant to section 403.7255, F.S.

(6) Notice Requirements for Schools. If the property at which contamination has been discovered is the site of a school as defined in section 1003.01, F.S., regardless of whether the school property is the site at which site rehabilitation was initiated, then the school board of the district in which the property is located shall provide actual notice of the contamination to teachers and parents or guardians of students attending the school during the period of site rehabilitation. Such notice must be provided within 30 days of discovery or receipt of notification from the Department, whichever is earlier, and shall conform to the requirements in sections 376.30702(2)(a), (c), and (d), F.S. At least annually during the period of site rehabilitation, the school board of the district in which the property is located shall continue to provide such actual notice of the contamination, updated as appropriate, to teachers and parents or guardians of students attending the school. A representative copy of all notices shall be submitted to the Department at the time the notice is provided to the teachers and parents or guardians.

(7) Notice Requirements for Closure Using Institutional, Engineering Controls or Alternative CTLs. Sections 376.30701(2)(c) and (d), F.S., provide specific notice requirements for conditional closure using institutional controls, engineering controls or alternative CTLs. Prior to the Department’s approval of institutional controls, institutional and engineering controls, or alternative CTLs, the PRSR shall mail notice of the Department’s intent for such approval to the local government(s) with jurisdiction over the property(ies) subject to the institutional or engineering control, to real property owner(s) of any property subject to the institutional or engineering control, to any resident or business tenant, and to any party holding a materially affected encumbrance in the area subject to the control (see the Institutional Control Procedures Guidance referenced in subsection 62-780.100(7), F.A.C., for guidance). Notice mailed to the registered agent of any party, if applicable, shall be sufficient notice for the purposes of this subsection. Where there are multiple residences (e.g., a condominium), businesses or tenants on any property subject to the institutional or engineering control, the PRSR may publish notice in lieu of mailing to such residences, businesses or tenants. The notice shall be mailed or published by the PRSR within 30 days after the Department’s provisional approval of the No Further Action Proposal with institutional or engineering controls. The PRSR shall provide the Department with a copy of the mailed notice and a list of names and addresses to whom the notice was sent and the date it was sent. For published notice, proof of such notice that meets the requirements of subsections 62-110.106(5), (8) and (9), F.A.C., shall be provided. The notice shall provide the local government(s) with jurisdiction over the property(ies) subject to the control(s), real property owner(s) of any property subject to the control(s), and residents of any property subject to the control(s), any party holding an easement for the area subject to the control(s), and business tenants of any property subject to the controls, the opportunity to comment to the Department within 30 days after receipt of the notice of the Department’s intent of approval. For a description of the agency action proposed, the notice shall contain “to issue a Site Rehabilitation Completion Order with institutional controls for a contaminated site.” Additionally, the notice of rights language shall be replaced with “Local governments, real property owner(s) of any property subject to the institutional or engineering control, and residents of any property subject to the institutional or engineering control have 30 days from receipt (or publication) of this notice to provide comments to the Department.” The notice shall also provide the appropriate mailing address and, if warranted, electronic mail address to which comments should be sent. See subsection 62-780.100(7), F.A.C., Institutional Controls Procedures Guidance, for sample notice templates.

Editorial Note: Portions of this rule were copied from rule 62-770.220; 62-782.220; and 62-785.220, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.30702, 376.3078(4), 376.81, 403.7255 FS. Law Implemented 376.3071, 376.30701, 376.30702, 376.3078(4), 376.81, 403.7255 FS. History–New 4-17-05, Amended 12-27-07, 6-12-13, 2-2-17.

Fla. Admin. Code R. 62-780.300 Quality Assurance Requirements

(1) Persons performing sampling and analyses pursuant to this chapter shall comply with the applicable requirements of chapter 62-160, F.A.C., Quality Assurance.

(2) Unless otherwise specified in this chapter, reports that are submitted to the Department and that contain analytical data shall include the following forms and information, as applicable:

(a) Laboratory reports that include all applicable information specified in subsections 62-160.340(1) and (2), F.A.C. (Soil analytical results shall be reported on a dry-weight basis.);

(b) Copies of the completed chain of custody record form(s) [Form 62-780.900(2), effective date 6-12-13, hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-01489), or an equivalent chain of custody form that includes all the items required by Form 62-780.900(2)]. Forms may be obtained from the Division of Waste Management website at www.dep.state.fl.us/waste;

(c) Copies of the completed groundwater sampling log(s) (Form FD 9000-24) referenced in the Groundwater Sampling SOP, FS 2200; and,

(d) Results from screening tests or on-site analyses performed pursuant to this chapter.

Editorial Note: Portions of this rule were copied from rule 62-770.400, Formerly 17-70.007 and Formerly 17-770.400; 62-782.300; and 62-785.300, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81 FS. History–New 4-17-05, Amended 6-12-13.

Fla. Admin. Code R. 62-780.400 Professional Certifications

(1) Applicable portions of technical documents submitted by the PRSR to the Department shall be signed and sealed by a professional engineer registered pursuant to chapter 471, F.S., or a professional geologist registered pursuant to chapter 492, F.S., certifying that the applicable portions of the technical document and associated work comply with standard professional practices, this chapter and other rules of the Department, and any other applicable laws and rules governing the profession. If a laboratory report is submitted separately from any other technical document submittal, this requirement shall not apply to that laboratory report.

(2) Upon completion of the approved remedial action, the Department shall require a professional engineer registered pursuant to chapter 471, F.S., or a professional geologist registered pursuant to chapter 492, F.S., to certify that the applicable portions of the remedial action were, to the best of his or her knowledge and ability, completed in accordance with this chapter and in conformance with the plans and specifications approved by the Department.

Editorial Note: Portions of this rule were copied from rule 62-770.490; 62-782.400; and 62-785.400, F.A.C.

History

• Rulemaking Authority 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.80, 376.81, 403.0877 FS. History–New 4-17-05, Amended 6-12-13.

Fla. Admin. Code R. 62-780.450 Combined Document

(1) The Interim Source Removal Report, the Site Assessment Report, the Risk Assessment Report, and the Remedial Action Plan, as applicable, may be submitted by the PRSR to the Department for review either separately as each program task is completed, or as a combined document. Other individual program task documents may be included in a combined document if agreed to in writing by the Department.

(2) The combined document may incorporate, as applicable, the required content for the Interim Source Removal Report, Site Assessment Report, Risk Assessment Report, and Remedial Action Plan program tasks pursuant to rules 62-780.525, 62-780.600, 62-780.650, and 62-780.700, F.A.C., respectively, including an Interim Source Removal Proposal, a No Further Action Proposal, or a Natural Attenuation with Monitoring Plan associated with the Site Assessment Report or the Risk Assessment Report.

(3) If the PRSR elects to prepare a combined document in lieu of individual program task documents, the time for filing the document shall be governed by the earliest submission deadline for any component, unless the Department agrees to a different schedule in advance, and in writing.

(4) Within the time frames of Table A or the CAD, the PRSR shall submit an electronic or paper copy of the combined document to the Department for review, including all applicable professional certifications as required pursuant to rule 62-780.400, F.A.C.

(5) The Department shall:

(a) Provide the PRSR with written approval of the individual program task or the combined document, or

(b) Notify the PRSR in writing, stating:

1. The reason(s) why one or more individual program tasks or the combined document does not conform with the requirements of the applicable criteria of rule 62-780.500, 62-780.600, 62-780.650, or 62-780.700, F.A.C., or

2. The reason(s) why a No Further Action Proposal or a Natural Attenuation Monitoring Plan does not meet the applicable criteria of rule 62-780.680 or 62-780.690, F.A.C., respectively.

(6) If the individual program task or combined document is incomplete in any respect, or is insufficient to satisfy the requirements of the applicable criteria of rule 62-780.500, 62-780.600, 62-780.650, or 62-780.700, F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.450(5)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a Combined Document Addendum that addresses the deficiencies within 60 days after receipt of the notice.

Editorial Note: Portions of this rule were copied from rule 62-782.450; and 62-785.450, F.A.C.

History

• Rulemaking Authority 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended 6-12-13, 2-2-17.

Fla. Admin. Code R. 62-780.500 Emergency Response Action

(1) Within 24 hours of discovery of an unexpected or sudden discharge of pollutants or hazardous substances which based on the volume, mass, concentration, toxicity, or other characteristics of such discharge requires immediate action to alleviate a threat to human health, public safety, or the environment, or within 24 hours after being notified by the Department of such a condition, the PRSR shall commence an emergency response action. For purposes of an emergency response action, “commence” means that the PRSR has employed or contracted with a response action contractor to evaluate, design, plan, engineer, construct, implement, and complete the requirements of the emergency response action, and has given the contractor the authority to proceed with the required work. The emergency response action shall include performing all tasks described in this section that are necessary to eliminate the immediate and serious threat posed by the site conditions. In addition, any PRSR may conduct an interim source removal in accordance with this section. The objectives of the emergency response action or interim source removal are to remove specific known contaminant source(s) and provide temporary control to prevent or minimize contaminant migration, and to protect human health and the environment prior to the approval of a Remedial Action Plan prepared and submitted pursuant to rule 62-780.700, F.A.C.

(2) Discharge Removal and Disposal.

(a) The PRSR shall, if necessary to alleviate a threat to human health, public safety, or the environment, perform removal of pollutants or hazardous substances consistent with the following requirements:

1. The PRSR shall provide to the Department a written notification in accordance with the time schedule in Table A, located at the end of rule 62-780.900, F.A.C., (Notices for Field Activities) that includes a description of the type and estimated volume of pollutants or hazardous substances to be removed, and proposed recovery and disposal methods to be used,

2. The recovery shall not spread contamination into previously uncontaminated or less contaminated areas through untreated discharges, improper treatment, improper disposal, or improper storage,

3. Flammable products shall be handled in a safe manner; and,

4. The recovered product shall be characterized and properly disposed or recycled; and all sampling and analyses shall be performed pursuant to rule 62-780.300, F.A.C.

(b) The following passive and active methods of recovery may be implemented without requesting approval from the Department:

1. Excavation,

2. Removal,

3. Absorbent pads,

4. Skimmer pumps that include pumps with mechanical, electrical, or hand-bailed purging operations,

5. Hand or mechanical bailing; and,

6. Fluid or solid vacuum techniques (for example, vacuum pump trucks) or total fluid displacement pumps, as long as the technique used shall not smear or spread product, or contaminate previously uncontaminated or less contaminated media. If this method is used for petroleum, the volume of groundwater recovered shall not be greater than two times the volume of product recovered, except that the first 1,000 gallons of the total fluid recovered per discharge are exempt from meeting the required ratio of groundwater to product.

(c) In addition to the recovery methods specified in paragraph 62-780.500(2)(b), F.A.C., the PRSR may evaluate, propose, and submit other product recovery methods to the Department for approval prior to implementation. The Emergency Source Removal Proposal shall include the results of the evaluation performed to determine the potential for product smearing or spreading and the potential for air emissions. The recovery methods proposed may include:

1. Dewatering or groundwater extractions that may influence the depth to the water table,

2. Air/fluid extraction with air emissions treatment,

3. Excavation of soil saturated with non-aqueous phase liquid into, or below, the water table,

4. Recovery of petroleum or petroleum products that exceeds the water-to-product ratio indicated in subparagraph 62-780.500(2)(b)6., F.A.C., or

5. Onsite treatment and discharge of contaminated water that results from dewatering to excavate free product from below the water table, or on-site treatment and discharge of contaminated water that is separated from recovered product.

(d) The Department shall:

1. Provide the PRSR with written approval of the Emergency Source Removal Proposal, or

2. Notify the PRSR in writing, stating the reason(s) why the Emergency Source Removal Proposal does not contain information adequate to support a free product recovery method pursuant to paragraph 62-780.500(2)(c), F.A.C.

(e) The product recovery task shall be deemed complete when the objectives of subsection 62-780.500(1), F.A.C., have been met.

(f) Within the time frames specified in Table A, written notification of initiation of product recovery shall be provided by the PRSR to the Department.

(g) Within the time frames and frequencies specified in Table A, the PRSR shall submit to the Department for review an electronic or paper copy of an Emergency Source Removal Status Report documenting the recovery progress and summarizing all recovery activities for a specified period.

(3) Soil and Sediment Removal, Treatment, and Disposal.

(a) The PRSR shall, if necessary to alleviate a threat to human health, public safety, or the environment, excavate contaminated soil or sediment for proper treatment or disposal as a source removal activity provided the following criteria are met:

1. The PRSR shall provide to the Department a written notification in accordance with the time frames in Table A, that includes a description of the type of contamination, estimated volume of soil or sediment to be removed, and proposed disposal methods to be utilized.

2. Contamination shall not be spread into previously uncontaminated areas or less contaminated areas through untreated discharges, improper treatment, improper disposal, or improper storage.

3. Flammable products shall be handled in a safe manner.

4. When a soil vacuum extraction system is necessary to abate an imminent threat to human life, health, or safety within a structure or utility conduit, then the vacuum extraction system shall be designed and operated only to abate the imminent threat. The Department shall be notified, within 24 hours, of the imminent threat and the intent to use a soil vacuum extraction system. The air emissions monitoring and frequency of monitoring shall be performed pursuant to paragraphs 62-780.700(4)(a) and (11)(i), F.A.C.

5. Contaminated soil removal shall be completed within 30 days of the discovery of a release or spill of a non-petroleum product (i.e., pollutants or hazardous substances other than petroleum or petroleum products as defined in sections 376.301(32) and (33), F.S.). Excavation of a source to a depth of 1 foot below visually stained soil or sediment, if present, is permissible above the groundwater table. When visual staining is not present, soil screening methods may be used for confirming that excavation is complete above the groundwater table provided the soil screening method is applicable to the pollutant or hazardous substance that has been discharged, has been verified and validated against standard laboratory methods, that the detection limit of soil screening instrumentation is appropriate based on the cleanup target levels for the pollutant of hazardous substance and that the applicable quality control/quality assurance protocols are followed (note that proper quality assurance may include correlation with laboratory analytical results). When soil screening methods are not used, soil samples shall be collected at the bottom of the excavation (unless the bottom is below the water table) and walls or perimeter of the excavation. When required, sediment samples shall be collected at the bottom and perimeter of the excavation, if appropriate. If source removal begins after or extends beyond 30 days of discovery, or if CTLs or background concentrations pursuant to subsection 62-780.680(1), F.A.C., are still exceeded after the contaminated soil removal; soil and sediment removal, treatment, and disposal shall be conducted in accordance with rule 62-780.525, F.A.C.

6. Contaminated soil removal shall be completed within 30 days of the discovery of a release or spill of petroleum products as defined in section 376.301(33), F.S., (i.e. gasoline or kerosene). During excavation activities readings must be obtained on an organic vapor analysis (OVA) instrument, as outlined in subsection 62-780.200(15), F.A.C. Soil or sediment OVA samples shall be collected at the bottom of the excavation (unless the bottom is below the water table) and walls or perimeter of the excavation that are characteristic of the area(s) impacted. Representative sediment samples shall be collected at the bottom and perimeter of the excavation, if applicable. If all post-excavation OVA readings are ≤ 10 ppm, confirmatory soil or sediment sampling and analysis are not required. If source removal begins after or extends beyond 30 days of discovery; soil and sediment removal, treatment, and disposal shall be conducted in accordance with rule 62-780.525, F.A.C.

7. Contaminated soil removal shall be completed within 30 days of the discovery of a release or spill of petroleum product as defined in section 376.301(32), F.S., (i.e. oil and used oil). Excavation of a source to a depth of 1 foot below visually stained soil or sediment is permissible above the groundwater table and may be conducted without confirmatory soil or sediment sampling and analysis. If source removal begins after or extends beyond 30 days of discovery; soil and sediment removal, treatment, and disposal shall be conducted in accordance with rule 62-780.525, F.A.C.

8. When groundwater is encountered during excavation activities, a temporary monitor well(s) shall be installed and sampled for contaminants of concern within the area(s) of excavation. Well placement should be sufficient to characterize the area(s) of impact.

9. A determination shall be made as to whether or not the contaminated soil or sediment contains hazardous waste and shall be conducted in accordance with subparagraph 62-780.525(5)(a)6., F.A.C.

10. When excavated contaminated soil or sediment is temporarily stored or stockpiled on-site, the soil or sediment shall be placed on an impermeable surface to prevent leachate infiltration and secured in a manner that prevents human exposure to contaminated soil or sediment and prevents soil or sediment exposure to precipitation that may cause surface runoff. Any excavation shall be secured to prevent entry by the public. The temporary storage or stockpiling of excavated contaminated soil or sediment shall not exceed 60 days, unless it is stockpiled on a right-of-way, in which case it shall be removed for proper treatment or proper disposal as soon as practical but no later than 30 days after excavation, or unless the excavated contaminated soil or sediment contains hazardous waste and a different time frame is authorized pursuant to chapter 62-730, F.A.C. Excavated petroleum contaminated soil may be containerized in water tight containers and stored onsite for 90 days, after which time proper treatment or proper disposal of the contaminated soil shall occur, or it may be land farmed pursuant to paragraph 62-780.525(5)(b), F.A.C. The PRSR is advised that other federal or local laws and regulations may apply to these activities.

(b) Consistent with the goals set forth in section 403.061(33), F.S., the Department encourages treatment over disposal options to address contaminated soil.

(c) Soil or sediment treatment, storage, or disposal techniques not authorized by applicable rules of the Department require approval in an Emergency Source Removal Proposal submitted pursuant to paragraph 62-780.500(3)(d), F.A.C.

(d) The Emergency Source Removal Proposal shall include the information outlined in subsections 62-780.700(3) and (4), F.A.C., as applicable.

(e) The Department shall:

1. Provide the PRSR with approval of the Emergency Source Removal Proposal submitted pursuant to paragraph 62-780.500(3)(d), F.A.C., or

2. Notify the PRSR, stating the reason(s) why the Emergency Source Removal Proposal does not contain information adequate to support the selection of an alternative soil or sediment treatment or disposal technique.

(4) Short-term Groundwater Recovery. The PRSR shall, if necessary to alleviate a threat to human health, public safety, or the environment, perform a short-term groundwater recovery event as a source removal activity provided the following criteria are met:

(a) Prior to initiation, the PRSR shall provide to the Department notification in accordance with the time frames in Table A (Notices for Field Activities) that includes a description of the type of contamination, estimated volume of groundwater to be removed, and proposed disposal methods to be used;

(b) The groundwater contamination has been established to be less than one-fourth (1/4) acre and confined to the shallow aquifer such that the pumping of a shallow aquifer well(s) within the plume may result in the site meeting the No Further Action criteria of rule 62-780.680, F.A.C.;

(c) The duration of the groundwater recovery does not exceed 30 days, unless the PRSR demonstrates to the Department that extended groundwater recovery will not result in the spread of contamination;

(d) The recovered groundwater is not treated on-site and is properly disposed at a permitted industrial water treatment facility, at a publicly-owned treatment works with the approval of the sanitary sewer authority, or at a permitted Hazardous Waste Treatment, Storage, or Disposal facility if the recovered groundwater is a hazardous waste; and,

(e) Sampling of representative monitoring wells to determine the effectiveness of the Short-term Groundwater Recovery event shall be performed no sooner than 30 days after completion of the groundwater recovery.

(5) Authorization or receipt of approval pursuant to rule 62-780.500, F.A.C., does not relieve the PRSR from the obligation to comply with other Department rules (for example, chapters 62-701 and 62-730, F.A.C.) for product recovery, product disposal, groundwater recovery, or the handling, storage, disposal, or treatment of contaminated media. The PRSR is advised that other federal or local laws and regulations may apply to these activities.

(6) Emergency Source Removal Report.

(a) Within the time frames specified in Table A, the PRSR shall submit an electronic or paper copy of an Emergency Source Removal Report to the Department for review. The Emergency Source Removal Report shall contain the following information in detail, as applicable:

1. The type and an estimated volume of free product that was discharged to the environment, if known,

2. The volume of non-aqueous phase liquids and the volume of groundwater recovered,

3. The volume of contaminated soil or sediment excavated and treated or properly disposed,

4. The disposal or recycling methods for non-aqueous phase liquids and contaminated soil or sediment,

5. The disposal methods for other contaminated media and any investigation-derived waste,

6. A scaled site map (including a graphical representation of the scale used) that shows the location(s) of all known onsite structures (including any buildings, underground storage tanks, storm drain systems, and septic tanks), locations where free product was recovered and the area of soil removal or treatment, and the approximate locations where all samples were collected,

7. A table that summarizes free product thickness in each monitoring well or piezometer, the total depth and screened interval of each monitoring well or piezometer, and the dates the measurements were made,

8. The type of field screening instrument, analytical methods, or other methods used and associated calibration logs,

9. The dimensions of the excavation(s) and location(s), integrity, capacities and last known contents of storage tanks, integral piping, dispensers, or appurtenances removed,

10. Photographs of the spill area and cleanup (before, during and after). Photographs shall be labeled with the date, direction of view, and the information that is conveyed in the photograph. Whenever possible, the photographs shall include nearby structures or other prominent features in relation to the spill area,

11. A table that indicates the identification, depth, and field soil screening results of each sample collected,

12. Separate tables by media that summarize all available soil, sediment, groundwater, and surface water analytical results, detection limits achieved for non-detected analytes, and analyses performed (listing all contaminants analyzed and their corresponding CTLs),

13. If applicable, a benzo(a)pyrene conversion table for each soil sample where at least one of the carcinogenic PAHs [benzo(a)pyrene, benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, dibenz(a,h)anthracene, and indeno(1,2,3 cd)pyrene] was detected at a concentration equal to or greater than the Method Detection Limit (MDL),

14. Depth to groundwater at the time of each excavation, measurement locations, and method used to obtain that information,

15. GPS coordinates of the spill area and measurements (measuring wheel or tape, in feet) from structures or other prominent features (road exit or street signs, billboards, mileage markers, large tree, storm drainage inlets, buildings, etc.) that can be used to locate the spill area in the future,

16. A scaled site map (including a graphical representation of the scale used) that shows the locations and results of confirmatory soil or sediment samples in relation to the area of the soil or sediment removal; and,

17. Documentation or certification that confirms the proper treatment or proper disposal of the non-aqueous phase liquids, contaminated groundwater, contaminated soil, or contaminated sediment, including disposal manifests for non-aqueous phase liquids or hazardous waste, and a copy of the documentation or certification of treatment or acceptance of the contaminated soil or contaminated sediment; and,

(b) The Department shall:

1. Provide the PRSR with written approval of the Emergency Source Removal Report submitted pursuant to the criteria of paragraph 62-780.500(6)(a), F.A.C., or

2. Notify the PRSR in writing, stating the reason(s) why the Emergency Source Removal Report does not conform with the applicable Emergency Source Removal criteria of paragraph 62-780.500(6)(a), F.A.C.

(7) If the Emergency Source Removal Report is incomplete in any respect, or is insufficient to satisfy the criteria of paragraph 62-780.500(6)(a), F.A.C., the Department shall inform the PRSR pursuant to subparagraph 62-780.500(6)(b)2., F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of an Emergency Source Removal Report Addendum that addresses the deficiencies within 60 days after receipt of the notice.

(8) If the information presented in the Emergency Source Removal Report confirms that no contamination remains at the conclusion of the emergency response action, the Department will indicate in writing that information provided on a Discharge Reporting Form, incorporated in rule 62-761.900, F.A.C. [Form Number 62-761.900(1)], or other discharge record will no longer be tracked by the Division of Waste Management and that no other site rehabilitation requirements of this chapter are required to be followed.

Editorial Note: Portions of this rule were copied from rule 62-770.300, Formerly 17-70.006 and Formerly 17-770.300; 62-782.500; and 62-785.500, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.3078(9), 376.81 FS. Law Implemented 376.305, 376.3071, 376.30701, 376.3078(4), 376.3078(9), 376.81 FS. History–New 4-17-05, Amended 6-12-13, 2-2-17.

Fla. Admin. Code R. 62-780.525 Interim Source Removal

(1) Any PRSR may conduct an interim source removal in accordance with this section. The objectives of the interim source removal are to remove specific known contaminant source(s) and provide temporary control to prevent or minimize contaminant migration, and to protect human health and the environment prior to the approval of a Remedial Action Plan prepared and submitted pursuant to rule 62-780.700, F.A.C., or in the cleanup of de minimis discharges pursuant to rules 62-780.550 and 63.780.560, F.A.C.

(2) Free Product Removal and Disposal.

(a) The PRSR may, if necessary to alleviate a threat to human health, public safety, or the environment, perform free product recovery consistent with the following requirements:

1. The PRSR shall provide to the Department a written notification in accordance with the time schedule in Table A, located at the end of rule 62-780.900, F.A.C., (Notices for Field Activities) or the CAD that includes a description of the type and estimated volume of free product to be removed, and proposed free product recovery and disposal methods to be utilized,

2. The free product recovery shall not spread contamination into previously uncontaminated or less contaminated areas through untreated discharges, improper treatment, improper disposal, or improper storage,

3. Flammable products shall be handled in a safe manner; and,

4. The recovered product shall be characterized and properly disposed or recycled; and all sampling and analyses shall be performed pursuant to rule 62-780.300, F.A.C.

(b) The following passive and active methods of free product recovery may be implemented without requesting approval from the Department:

1. Excavation,

2. Absorbent pads,

3. Skimmer pumps that include pumps with mechanical, electrical, or hand-bailed purging operations,

4. Hand or mechanical bailing; and,

5. Fluid vacuum techniques (for example, vacuum pump trucks) or total fluid displacement pumps, as long as the technique used shall not smear or spread free product, or contaminate previously uncontaminated or less contaminated media. If this method is used for petroleum or petroleum product contamination sites (except sites subject to a BSRA), the volume of groundwater recovered shall not be greater than two times the volume of free product recovered, except that the first 1,000 gallons of the total fluid recovered per discharge are exempt from meeting the required ratio of groundwater to free product.

(c) In addition to the free product recovery methods specified in paragraph 62-780.525(2)(b), F.A.C., the PRSR may evaluate, propose, and submit other product recovery methods to the Department for approval prior to implementation. The submittal, as an Interim Source Removal Proposal, shall include the results of the evaluation performed to determine the potential for product smearing or spreading and the potential for air emissions. The free product recovery methods proposed may include:

1. Dewatering or groundwater extractions that may influence the depth to the water table,

2. Air/fluid extraction with air emissions treatment,

3. Excavation of soil saturated with non-aqueous phase liquid into, or below, the water table,

4. Recovery of petroleum or petroleum products that exceeds the water-to-product ratio indicated in subparagraph 62-780.525(2)(b)5., F.A.C., or

5. Onsite treatment and discharge of contaminated water that results from dewatering to excavate free product from below the water table, or on-site treatment and discharge of contaminated water that is separated from recovered free product.

(d) The Department shall:

1. Provide the PRSR with written approval of the Interim Source Removal Proposal, or

2. Notify the PRSR in writing, stating the reason(s) why the Interim Source Removal Proposal does not contain information adequate to support a free product recovery method pursuant to paragraph 62-780.525(2)(c), F.A.C.

(e) Free product recovery as an Interim Source Removal task shall be deemed complete when the objectives of subsection 62-780.525(1), F.A.C., have been met.

(f) Within the time frames specified in Table A or the CAD, written notification of initiation of free product recovery shall be provided by the PRSR to the Department.

(g) Within the time frames and frequencies specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of an Interim Source Removal Status Report documenting the recovery progress and summarizing all recovery activities for a specified period.

(3) Short-term Groundwater Recovery.

(a) The PRSR may perform a short-term groundwater recovery event as an interim source removal activity. Groundwater recovery from well(s) within the plume with screened intervals that intercept the water table, with the intent of achieving cleanup progress, may be performed prior to Department approval of a Remedial Action Plan submitted pursuant to rule 62-780.700, F.A.C., provided the following criteria are met:

1. Prior to initiation, the PRSR shall provide to the Department a written notification in accordance with the time frames in Table A (Notices for Field Activities) or the CAD that includes a description of the type of contamination, estimated volume of groundwater to be removed, and proposed disposal methods to be utilized,

2. The groundwater contamination has been established to be less than one-fourth (1/4) acre and confined to shallow aquifer well(s) with screened intervals that intercept the water table, such that the pumping of a shallow aquifer well(s) within the plume may result in the site meeting the No Further Action criteria of Rule 62-780.680, F.A.C., or the Natural Attenuation with Monitoring criteria of rule 62-780.690, F.A.C.,

3. Free product is not present,

4. The duration of the groundwater recovery does not exceed 30 days, unless the PRSR demonstrates to the Department that extended groundwater recovery will not result in the spread of contamination,

5. The recovered groundwater is not treated on-site, unless otherwise approved by the Department in accordance with subsection 62-780.525(4), F.A.C., and is properly disposed at a permitted industrial water treatment facility, at a publicly owned treatment works with the approval of the sanitary sewer authority, or at a permitted Hazardous Waste Treatment, Storage, or Disposal facility if the recovered groundwater is a hazardous waste; and,

6. Sampling of representative monitoring wells to determine the effectiveness of the Short-term Groundwater Recovery event shall be performed no sooner than 30 days after completion of the groundwater recovery.

(b) Within the time frames and frequencies specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of an Interim Source Removal Status Report that documents the recovery progress and summarizes all recovery activities for a specified period.

(4) Interim Groundwater Remediation.

(a) Prior to approval of a Remedial Action Plan prepared and submitted pursuant to rule 62-780.700, F.A.C., when any of the criteria of subparagraphs 62-780.525(3)(a)2. through 4., F.A.C., are not met, the PRSR may perform groundwater recovery and onsite treatment and disposal or any other means of interim in situ groundwater remediation, provided the PRSR submits an Interim Source Removal Proposal that includes the same level of engineering detail as a Remedial Action Plan pursuant to rule 62-780.700, F.A.C. Applicable sections shall be signed and sealed pursuant to rule 62-780.400, F.A.C.

(b) The Department shall:

1. Provide the PRSR with written approval of the proposal, or

2. Notify the PRSR in writing, stating the reason(s) why the proposal does not contain information adequate to perform groundwater recovery pursuant to paragraph 62-780.525(4)(a), F.A.C.

(c) Within the time frames and frequencies specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of an Interim Source Removal Status Report documenting the recovery progress and summarizing all recovery activities for a specified period.

(5) Soil and Sediment Removal, Treatment, and Disposal.

(a) The PRSR may excavate contaminated soil or contaminated sediment for proper treatment or proper disposal as an interim source removal activity provided the following criteria are met:

1. Prior to initiation, the PRSR shall provide to the Department a written notification in accordance with the time frames in Table A or the CAD, that includes a description of the type of contamination, estimated volume of soil or sediment to be removed, and proposed disposal methods to be utilized,

2. Contamination shall not be spread into previously uncontaminated areas or less contaminated areas through untreated discharges, improper treatment, improper disposal, or improper storage,

3. Flammable products shall be handled in a safe manner,

4. When a soil vacuum extraction system is necessary to abate an imminent threat to human life, health, or safety within a structure or utility conduit, then the vacuum extraction system shall be designed and operated only to abate the imminent threat. The Department shall be notified, within 24 hours, of the imminent threat and the intent to use a soil vacuum extraction system. The air emissions monitoring and frequency of monitoring shall be performed pursuant to paragraphs 62-780.700(4)(a) and (11)(i), F.A.C.,

5. If one of the objectives of the interim source removal is to excavate all the contaminated soil or sediment, confirmatory soil or sediment samples shall be collected, unless the excavation of the source occurs above the groundwater table to a depth of 1 foot below and 1 foot laterally of visually stained soil or sediment, if present. When visual staining is not present, soil screening methods may be used for confirming that excavation is complete above the groundwater table provided the soil screening method is applicable to the pollutant or hazardous substance that has been discharged provided that the field method has been verified and validated against standard laboratory methods, that the detection limit of soil screening instrumentation is appropriate based on the cleanup target levels for the pollutant of hazardous substance and that the applicable quality control/quality assurance protocols are followed (note that proper quality assurance may include correlation with laboratory analytical results). When soil screening methods are not used, soil samples shall be collected at the bottom of the excavation (unless the bottom is below the water table) and walls or perimeter of the excavation. Sediment samples shall be collected at the bottom and perimeter of the excavation, if applicable,

6. A determination shall be made as to whether or not the contaminated soil or sediment contains hazardous waste. If the soil or sediment is known to be contaminated by hazardous waste, listed in 40 C.F.R. Part 261 Subpart D (7-1-12 Edition), hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07848), testing is not required to make the determination. If the soil or sediment is not known to be contaminated with listed hazardous waste, but is contaminated with any of the toxic constituents identified in 40 C.F.R. 261.24 (7-1-12 Edition), hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07848), (and the contamination does not result solely from manufactured gas plant waste), then USEPA Test Method 1311, Toxicity Characteristic Leaching Procedure (TCLP) and subsequent analysis of the leachate, shall be performed on a number of samples sufficient to determine whether or not the contaminated soil or sediment exceeds maximum concentrations for the toxicity characteristics. Pursuant to 40 C.F.R. 261.4(b)(10), Subpart A (7-1-12 Edition), hereby adopted and incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-07849), petroleum contaminated media and debris, associated with an underground storage tank system, that fail the test for the Toxicity Characteristic of 40 C.F.R. 261.24, Subpart C (Hazardous Waste Codes D018 through D043 only) are solid waste, not hazardous waste. Contaminated soil associated with an underground storage tank system, which will be managed as solid waste, is not subject to the requirement that TCLP extraction and subsequent analysis of the leachate be performed; and,

7. When excavated contaminated soil or sediment is temporarily stored or stockpiled onsite, the soil or sediment shall be placed on an impermeable surface to prevent leachate infiltration and secured in a manner that prevents human exposure to contaminated soil or sediment and prevents soil or sediment exposure to precipitation that may cause surface runoff. Any excavation shall be secured to prevent entry by the public. Excavated contaminated soil [including excessively contaminated soil as defined in subsection 62-780.200(15), F.A.C.] may be returned to the original excavation when petroleum storage tank systems have been removed or replaced, and when contaminated soil is encountered during construction activities at a petroleum storage or dispensing facility, to be addressed later pursuant to rule 62-780.700, F.A.C. The temporary storage or stockpiling of excavated contaminated soil or sediment shall not exceed 60 days, unless it is stockpiled on a right-of-way, in which case it shall be removed for proper treatment or proper disposal as soon as practical but no later than 30 days after excavation, or unless the excavated contaminated soil or sediment contains hazardous waste and a different time frame is authorized pursuant to chapter 62-730, F.A.C. Excavated petroleum contaminated soil [including excessively contaminated soil as defined in subsection 62-780.200(15), F.A.C.] may be containerized in water tight containers and stored on-site for 90 days, after which time proper treatment or proper disposal of the contaminated soil shall occur, or it may be land farmed pursuant to paragraph 62-780.525(5)(b), F.A.C. The PRSR is advised that other federal or local laws and regulations may apply to these activities.

(b) Land farming of soil contaminated by petroleum products is allowed, provided the land farming operation is located on the same property as the source of contaminated soil unless it is land farmed at a permitted stationary facility. The following criteria shall be met for contaminated soil land farmed on the source property:

1. The land farm operation shall be at least 200 feet from any residence, school, or park,

2. An area large enough to spread the soil to a thickness of 6 to 12 inches shall be available,

3. The land farming area shall be secured in a manner that prevents entry by the public and prevents human exposure to contaminated soil,

4. The materials used to construct the land farm treatment area shall withstand the rigors of the land farming and weather,

5. The land farmed soil shall be placed over an impermeable liner or surface, and surrounded at all times by an impermeable liner supported by berms,

6. The land farmed soil shall be tilled at least biweekly,

7. The land farmed soil shall be covered when not being tilled to prevent water from entering or leaving the area,

8. A monitoring and sampling program shall be established to evaluate the effectiveness of the land farming operation and the effect on the environment, including monitoring of groundwater to confirm leaching is not occurring and of off-gas emissions for air regulatory compliance. Before the land farming operation commences, the PRSR shall submit to the Department for review the monitoring and sampling program, design specifications of the treatment area, and types and amounts of any proposed additives to the soil, to demonstrate that the objectives of this subparagraph will be met. Prior approval is not required for quantities less than 20 cubic yards, but the design specifications and results of the monitoring and sampling program shall be submitted in the Interim Source Removal Report,

9. Land farming of soil is limited to 180 days, at the end of which time proper disposal is required except if written approval pursuant to the provisions of subsection 62-780.790(3), F.A.C., to exceed this time frame is obtained from the Department; and,

10. Land farmed soil that does not exceed the lower of the direct exposure residential CTLs and leachability based on groundwater criteria CTLs specified in chapter 62-777, F.A.C., Table II may be disposed on-site or off-site. The PRSR is advised that other federal or local laws and regulations may apply to these activities. Land farmed soil that exceeds the applicable CTLs specified in chapter 62-777, F.A.C., Table II shall not be disposed or returned to the original excavation without obtaining approval from the Department pursuant to paragraph 62-780.525(5)(a), or rule 62-780.650, 62-780.680, 62-780.690 or 62-780.700, F.A.C., as applicable.

(c) Interim Soil Vapor Extraction or related short term extraction technologies may be performed by the PRSR as an interim source removal activity prior to approval of a Remedial Action Plan prepared and submitted pursuant to rule 62-780.700, F.A.C., provided the PRSR submits an Interim Source Removal Proposal that includes the same level of engineering detail as a Remedial Action Plan pursuant to rule 62-780.700, F.A.C. and that air emissions monitoring shall be performed pursuant to paragraphs 62-780.700(4)(a) and (11)(i), F.A.C. Applicable sections shall be signed and sealed pursuant to rule 62-780.400, F.A.C.

(d) Consistent with the goals set forth in section 403.061(33), F.S., the Department encourages treatment over disposal options to address contaminated soil.

(e) Soil or sediment treatment, storage, or disposal techniques not authorized by applicable rules of the Department require approval in an Interim Source Removal Proposal submitted pursuant to paragraph 62-780.525(5)(f), F.A.C., or in a Remedial Action Plan submitted pursuant to rule 62-780.700, F.A.C.

(f) The Interim Source Removal Proposal shall include the information outlined in subsections 62-780.700(3) and (4), F.A.C., as applicable.

(g) The Department shall:

1. Provide the PRSR with written approval of the Interim Source Removal Proposal submitted pursuant to paragraph 62-780.525(5)(e), F.A.C., or

2. Notify the PRSR in writing, stating the reason(s) why the Interim Source Removal Proposal does not contain information adequate to support the selection of an alternative soil or sediment treatment or disposal technique.

(6) Authorization or receipt of approval pursuant to rule 62-780.525, F.A.C., does not relieve the PRSR from the obligation to comply with other Department rules (for example, chapters 62-701 and 62-730, F.A.C.) for product recovery, product disposal, groundwater recovery, or the handling, storage, disposal, or treatment of contaminated media. The PRSR is advised that other federal or local laws and regulations may apply to these activities.

(7) Interim Source Removal Report.

(a) Within the time frames specified in Table A or the CAD, the PRSR shall submit an electronic or paper copy of an Interim Source Removal Report to the Department for review. If analytical results obtained pursuant to subparagraphs 62-780.525(3)(a)6., 62-780.525(5)(a)5., and 62-780.600(5)(m)3., F.A.C., as applicable, after completion of the interim source removal, demonstrate that the No Further Action criteria of subsection 62-780.680(1), F.A.C., are met, a Site Assessment Report pursuant to subsection 62-780.600(7), F.A.C., may be submitted in lieu of an Interim Source Removal Report. The Interim Source Removal Report shall contain the following information in detail, as applicable:

1. The type and an estimated volume of non-aqueous phase liquids that were discharged to the environment, if known,

2. The volume of non-aqueous phase liquids and the volume of groundwater recovered,

3. The volume of contaminated soil or sediment excavated and treated or properly disposed,

4. The disposal or recycling methods for non-aqueous phase liquids and contaminated soil or sediment,

5. The disposal methods for other contaminated media and any investigation-derived waste,

6. A scaled site map (including a graphical representation of the scale used) that shows the location(s) of all known onsite structures (including any buildings, underground storage tanks, storm drain systems, and septic tanks), locations where free product was recovered and the area of soil removal or treatment, and the approximate locations where all samples were collected,

7. A table that summarizes free product thickness in each monitoring well or piezometer, the total depth and screened interval of each monitoring well or piezometer, and the dates the measurements were made,

8. The type of field screening instrument, analytical methods, or other methods used,

9. The dimensions of the excavation(s) and location(s), integrity, capacities and last known contents of storage tanks, integral piping, dispensers, or appurtenances removed,

10. A table that indicates the identification, depth, and field soil screening results of each sample collected,

11. Separate tables by media that summarize all available soil, sediment, groundwater, and surface water analytical results, detection limits achieved for non-detected analytes, and analyses performed (listing all contaminants analyzed and their corresponding CTLs),

12. Depth to groundwater at the time of each excavation, measurement locations, and method used to obtain that information,

13. A scaled site map (including a graphical representation of the scale used) that shows the locations and results of confirmatory soil or sediment samples in relation to the area of the soil or sediment removal,

14. Documentation or certification that confirms the proper treatment or proper disposal of the non-aqueous phase liquids, contaminated groundwater, contaminated soil, or contaminated sediment, including disposal manifests for non-aqueous phase liquids or hazardous waste, and a copy of the documentation or certification of treatment or acceptance of the contaminated soil or contaminated sediment; and,

15. For land farmed soil, a copy of the pre-treatment and post-treatment analytical results.

(b) The Department shall:

1. Provide the PRSR with written approval of the Interim Source Removal Report submitted pursuant to the criteria of paragraph 62-780.525(7)(a), F.A.C., or

2. Notify the PRSR in writing, stating the reason(s) why the Interim Source Removal Report does not conform with the applicable Interim Source Removal criteria of paragraph 62-780.525(7)(a), F.A.C.

(8) If the Interim Source Removal Report is incomplete in any respect, or is insufficient to satisfy the criteria of paragraph 62-780.525(7)(a), F.A.C., the Department shall inform the PRSR pursuant to subparagraph 62-780.525(7)(b)2., F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of an Interim Source Removal Report Addendum that addresses the deficiencies within 60 days after receipt of the notice.

(9) If the interim source removal is performed after submittal of the Site Assessment Report, the PRSR shall submit to the Department for review an electronic or paper copy of a Site Assessment Report Addendum that updates the Site Assessment Report by summarizing the interim source removal activities and all sampling results obtained after submittal of the Site Assessment Report, and that includes a recommendation pursuant to paragraph 62-780.600(8)(b), F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.3078(9), 376.81 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.3078(9), 376.81 FS. History–New 2-2-17.

Fla. Admin. Code R. 62-780.550 Nonpetroleum De Minimis Discharges

(1) For purposes of this rule section, a “nonpetroleum de minimis discharge” means a discharge of pollutants or hazardous substances excluding petroleum or petroleum products as defined in sections 376.301(32) and (33), F.S., that is removed from the soil, sediment, surface water, and groundwater to CTLs or background concentrations pursuant to subsection 62-780.680(1), F.A.C., within a period of 30 days from the discovery of the discharge.

(2) Nonpetroleum de minimis discharges shall as addressed as an interim source removal and shall be subject to the applicable requirements of rule 62-780.525, F.A.C., except for the notification and reporting requirements of that rule and the notification requirements of subsection 62-780.220(1), F.A.C. De minimis discharges of drycleaning solvents shall not be exempt from the reporting requirements of subsection 62-780.210(2), F.A.C.

(3) The PRSR shall maintain records of the actions that were taken in response to the discharge including the information required pursuant to paragraph 62-780.525(7)(a), F.A.C., for five years from the date of the discharge. The records shall be made available to the Department upon request. Upon completing activities and maintaining records in accordance with this rule, no other site rehabilitation requirements of this chapter are required to be followed unless, upon Department review, the criteria of this rule have not been met.

History

• Rulemaking Authority 376.30701, 376.3078(4), 376.81 FS. Law Implemented 376.30701, 376.3078(4), 376.81 FS. History–New 4-17-05, Amended 6-12-13, 2-2-17.

Fla. Admin. Code R. 62-780.560 Petroleum or Petroleum Product De Minimis Discharges

(1) For purposes of this rule section, a “petroleum or petroleum product de minimis discharge” means a discharge of petroleum or petroleum products of less than 25 gallons onto a pervious surface or that moves onto a pervious surface from an impervious surface. Such discharge is exempt from the notification requirements of subsection 62-780.220(1), rules 62-780.500 and 62-780.525, F.A.C., as long as the discharge is removed and properly treated or properly disposed, or otherwise remediated, pursuant to the applicable provisions of rule 62-780.500 or 62-780.525, F.A.C., so that CTLs or background concentrations pursuant to subsection 62-780.680(1), F.A.C., are achieved.

(2) For purposes of this rule section, a “petroleum or petroleum product de minimis discharge” also means a discharge of petroleum or petroleum products of 25 to 500 gallons onto a pervious surface or that moves onto a pervious surface from an impervious surface, that is not associated with a regulated petroleum storage system and has not impacted groundwater, and for which the FDEP Office of Emergency Response oversees the response actions, if at the conclusion of the emergency response action, CTLs or background concentrations pursuant to subsection 62-780.680(1), F.A.C., are achieved. These de minimis discharges shall be addressed as an emergency response removal or an interim source removal and shall be subject to the applicable requirements of rule 62-780.500 or 62-780.525, F.A.C., respectively, including notification and reporting. If the information presented in the Emergency Source Removal Report or Interim Source Removal Report confirms that no contamination remains at the conclusion of the emergency response action, the Department will indicate in writing that information provided on a Discharge Reporting Form, incorporated in rule 62-761.900, F.A.C. [Form Number 62-761.900(1)], or other discharge record will no longer be tracked by the Division of Waste Management and that no other site rehabilitation requirements of this chapter are required to be followed.

History

• Rulemaking Authority 376.303, 376.3071 FS. Law Implemented 376.303, 376.315, 376.3071 FS. History–New 6-12-13, Amended 2-2-17.

Fla. Admin. Code R. 62-780.600 Site Assessment

(1) For all sites except brownfield sites, unless the discharge is a de minimis discharge addressed pursuant to the requirements of rule 62-780.550 or 62-780.560, F.A.C., the PRSR shall commence a site assessment within 60 days after a discharge is discovered. For purposes of a site assessment, “commence” means that the PRSR has employed or contracted with a professional engineer or geologist to design, implement, and complete the requirements of this section, and has given the professional the authority to proceed with the required work. The PRSR shall conduct the site assessment in accordance with the requirements of this rule and the time frames of Table A, located at the end of rule 62-780.900, F.A.C., or the CAD, if applicable. For brownfield sites, because site assessment or assessment activities may have already been completed at a brownfield site or sites within a designated brownfield area prior to the execution of a BSRA, a PRSR may choose to submit to the Department for review the associated assessment documents as its Site Assessment Report pursuant to subsection 62-780.600(8), F.A.C. If site assessment work is necessary to define the nature and extent of contamination at a brownfield site or sites within a designated brownfield area, the site assessment shall be completed in accordance with the time frames specified in the BSRA.

(2) To facilitate the site assessment process, the PRSR may have discussions with the Department at various decision points to establish the scope and methodology of the site assessment, applicable exposure factors and the remedial strategy for the site, and risk management options based on the current and projected land use(s) at the site. These discussions may include the development and refinement of the Conceptual Site Model to help inform decisions with regard to site assessment, remedial strategy evaluation, risk management and site closure, including the use of engineering or institutional controls where warranted.

(3) The objectives of the site assessment shall be the following, as applicable:

(a) To evaluate the current exposure and potential risk of exposure to humans and the environment, including multiple pathways of exposure. The physical, chemical, and biological characteristics of each contaminant and the individual site characteristics shall be considered. The individual site characteristics include:

1. The current and projected use of the affected groundwater and surface water in the vicinity of the site,

2. The current and projected land use of the area affected by the contamination,

3. The exposed human population and ecological receptors including the presence of threatened or endangered species (flora and fauna). A general literature review and analysis based on site-specific conditions may be sufficient,

4. The location of the plume,

5. The degree and extent of contamination,

6. The rate and direction of migration of the plume,

7. The apparent or potential rate of degradation of contaminants through natural attenuation; and,

8. The potential for further migration in relation to the source property boundary.

(b) To determine whether contamination is present and the types of contaminants present, and to determine the horizontal and vertical extent of contamination in every medium found to be contaminated (for soil in the unsaturated zone, to the more stringent of the direct exposure residential soil CTLs and the applicable leachability-based soil CTLs provided in chapter 62-777, F.A.C., Table II; and for groundwater, to the groundwater CTLs or to the surface water CTLs provided in chapter 62-777, F.A.C., Table I, as applicable). Alternative CTLs that have been developed solely based upon intrinsic chemical properties that do not vary under different exposure scenarios (e.g., toxicity) or are based upon a risk assessment where the exposure parameters have been demonstrated to be applicable throughout the study area may be used as applicable (except that determination of the horizontal and vertical extent of exceedances of the water quality standards in chapter 62-520 or 62-302, F.A.C., is always required);

(c) To determine or confirm the origin(s) of the source(s) of contamination, if technologically feasible. For discharges of petroleum or petroleum products, to determine or confirm the source(s) of contamination to the extent practicable and to estimate the volume of petroleum or petroleum products that was released. That confirmation shall include a determination of the structural integrity, in accordance with the testing procedures specified in chapters 62-761 and 62-762, F.A.C., of any petroleum storage tank system that exists at the property and is likely to be the source of the contamination;

(d) To establish the background concentrations;

(e) To establish the horizontal extent and thickness of free product, if technologically feasible. If the soil concentration of a contaminant is above its soil saturation concentration (Csat), free product may be present. [Refer to the technical report referenced in subsection 62-780.100(2), F.A.C., for development of soil CTLs based on Csat.];

(f) To determine whether source removal, in addition to any interim source removal already performed pursuant to rule 62-780.500, F.A.C., is warranted;

(g) To describe relevant geologic and hydrogeologic characteristics that influence migration and transport of contaminants at the site, unless the site meets the No Further Action criteria of subsection 62-780.680(1), F.A.C.:

1. To describe the lithology and horizontal and vertical continuity of units, such as the presence of karst features, bedrock, native soil, and fill material, in the areas affected and expected to be affected by the discharge(s),

2. To identify the aquifer or aquifers and confining units affected and expected to be affected by the discharge(s) and to determine the groundwater classification, hydraulic conductivity, transmissivity, and storativity of the aquifer or aquifers,

3. To identify and characterize any perched zone, if present,

4. To determine the horizontal and vertical rate and direction of groundwater flow (at all affected depths, as appropriate), to determine the extent of water table fluctuation, to evaluate the potential effect of seasonal variations and vertical groundwater flow components on the rate and direction of groundwater flow, to determine the hydraulic interaction between groundwater and any surface water within the vicinity of the site, and to determine whether there are any tidal effects for sites located near marine surface water; and,

5. To determine other mechanisms of transport of contaminants in the immediate vicinity of the site, including rate and direction of movement of contaminants in sewer lines, subsurface utility conduits or vaults, soil, sediments, and surface water, as applicable.

(h) To determine by means of a well survey whether any public water supply wells, as defined in chapter 62-550, F.A.C., are present within a 1/2 mile radius of the site, whether the site is located within the regulated wellhead protection zone of a public water supply well or well field, and whether any private water supply wells (including potable, irrigation, and industrial wells) are present within a 1/4 mile radius of the site, unless the site meets the No Further Action criteria of subsection 62-780.680(1), F.A.C. If contamination beyond the boundaries of the property at which site rehabilitation was initiated pursuant to this chapter is discovered at any time, within 60 days of such discovery the PRSR shall conduct the well survey pursuant to paragraph 62-780.600(5)(o), F.A.C., and submit a report to the Department and to the County Health Department that provides the results of the well survey in accordance with the requirements of subparagraphs 62-780.600(8)(a)10. and 62-780.600(8)(a)11., F.A.C., and that provides the results of any required sampling pursuant to paragraph 62-780.600(5)(p), F.A.C., based on the results of the well survey. These results shall include a listing of the sampled wells, the rationale for their selection, the contaminants analyzed, and the analytical results;

(i) To determine whether any surface water will be exposed to contamination that migrates beyond the boundaries of the property at which site rehabilitation was initiated pursuant to this chapter;

(j) To report any off-property activities (for example, dewatering, active remediation, or flood control pumping) in the immediate vicinity of the site that may have an effect on the groundwater flow at the site, unless the site meets the No Further Action criteria of subsection 62-780.680(1), F.A.C.; and,

(k) To facilitate the selection of a remediation strategy for the site that is protective of human health and the environment, and considers the proposed property use, identifies risks posed by the contamination based on the proposed use, and describes how those risks will be managed, including the use of engineering or institutional controls, as appropriate, unless No Further Action is deemed appropriate pursuant to the provisions of subsection 62-780.680(1), F.A.C. The results of the Site Assessment may be incorporated into the Conceptual Site Model to inform and support the remedial strategy and risk management decisions.

(4) The analyses for contaminants in surface water, groundwater, soil, and sediment samples, as applicable, shall be performed using the appropriate analytical procedures referenced or listed in chapter 62-160, F.A.C. The initial analyses of contaminants, including their reaction and degradation products, shall be based on the site history.

(a) For discharges of drycleaning solvents, analyses shall be performed for the applicable contaminants of concern listed in Table B of this chapter, located at the end of rule 62-780.900, F.A.C.

(b) For discharges of petroleum or petroleum products, analyses shall be performed for the applicable contaminants of concern listed in Table B of this chapter, as follows:

1. If petroleum product discharges are from the Gasoline or Kerosene Analytical Groups, analyses shall be performed as described in Table C, located at the end of rule 62-780.900, F.A.C., except that:

a. If the site is anticipated to meet the No Further Action criteria of rule 62-780.680, F.A.C., and the site is contaminated by products solely from the Gasoline Analytical Group, analytical screening of the monitoring wells for Benzene, Ethylbenzene, Toluene, total Xylenes, MTBE, and PAHs (using applicable methods in Table C) may be performed, or

b. If the site is anticipated to meet the No Further Action criteria of rule 62-780.680, F.A.C., and the site is contaminated by products from the Kerosene Analytical Group, analytical screening of the monitoring wells for Benzene, Ethylbenzene, Toluene, total Xylenes, MTBE, PAHs, and TRPHs (using applicable methods in Table C) may be performed.

2. If petroleum product discharges are from used oil, from an identified product not listed in the Gasoline or Kerosene Analytical Groups, or from a product for which the specific identity is unknown, analyses shall be performed as described in Table D, located at the end of rule 62-780.900, F.A.C.

3. If the contamination is derived from petroleum, analyses shall be performed as described in Table E, located at the end of rule 62-780.900, F.A.C.

(5) The site assessment shall include tasks that are necessary to achieve objectives described in subsection 62-780.600(3), F.A.C., and include the following, as applicable based on site-specific circumstances:

(a) Use of geophysical equipment such as magnetometers, ground penetrating radar, or metal detectors to detect storage tank system(s);

(b) Use of borehole geophysical equipment and methods to determine geologic and hydrogeologic characteristics of affected and potentially affected hydrogeologic zones;

(c) Sampling of soil from the unsaturated zone for the following criteria, as applicable:

1. Appropriate laboratory analyses to determine the degree and extent of soil contamination and, as applicable, the background concentrations. A sufficient number of soil samples to define the horizontal and vertical extent of contamination shall be collected in the unsaturated zone. Samples shall be collected at two-foot vertical intervals unless the sampling intervals are adjusted, as necessary, to account for factors such as discrete variations in the lithology, depth to the water table, the point of discharge, and the chemical and physical properties of the contaminants. If a surficial discharge of metals or semi-volatile organic compounds is known or suspected, the vertical sampling intervals shall be as follows: land surface to six inches, six inches to two feet, and two-foot intervals thereafter to the extent necessary to define the soil contamination. If the 95% Upper Confidence Limit (UCL) approach pursuant to subparagraphs 62-780.680(1)(b)1., 62-780.680(2)(b)1., and 62-780.680(3)(b)1., F.A.C., is used, the soil sampling shall be sufficient to identify the area(s) of highest contaminant concentrations and to allow the calculation of an exposure unit average concentration. [Refer to the technical report referenced in subsection 62-780.100(2), F.A.C., for guidance.],

2. Measurement of appropriate soil properties such as texture, pH, moisture content, dry bulk density, organic carbon content, and infiltration rate using the test methods specified in chapter 62-777, F.A.C., Table III, if such properties are chosen for the development of alternative soil CTLs in accordance with the technical report referenced in subsection 62-780.100(2), F.A.C. If soil properties are chosen to be used, measurements shall be made on soil from within the contaminated area when feasible. If measurement from within the contaminated area is not feasible, measurements may be made on soil from an alternative location that has the same soil type using the U.S. Department of Agriculture, Natural Resource Conservation Service soil survey maps or the Unified Soil Classification System, or the PRSR may propose the use of other data on soil properties,

3. Fractionation laboratory analyses of TRPHs to determine if the site-specific concentrations of the TRPH fractions exceed the soil CTLs of the TRPH fractions developed using one of the sub-classification methodologies described in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C. Fractionation and FL-PRO analyses of TRPHs shall be performed on sub-samples from at least one soil sample collected from each source area that exceeds the applicable default soil CTLs for TRPHs specified in chapter 62-777, F.A.C., Table II, or alternative soil CTLs for TRPHs established pursuant to rule 62-780.680, F.A.C., with the actual number of samples based on the horizontal and vertical extent of contamination and the site-specific stratigraphy,

4. Direct leachability testing by USEPA Test Method 1312, Synthetic Precipitation Leaching Procedure (SPLP) extraction, or USEPA Test Method 1311, Toxicity Characteristic Leaching Procedure (TCLP) extraction if the contamination is derived from used oil or similar petroleum products, followed by the appropriate analyses of the leachate. Leachability and total soil concentration analysis for the appropriate laboratory analyses shall be performed on sub-samples from at least one soil sample collected from each source area that exceeds the applicable leachability-based soil CTLs specified in subparagraph 62-780.680(1)(b)2., F.A.C., or established pursuant to subparagraph 62-780.680(2)(b)2. or (3)(b)2., F.A.C., with the actual number of samples based on the horizontal and vertical extent of contamination and the site-specific stratigraphy, or

5. Hazardous waste characterization by USEPA Test Method 1311 TCLP extraction followed by the appropriate analysis of the leachate, if the information indicates that the soil has the potential to be a hazardous waste (and the contamination does not result solely from manufactured gas plant waste).

(d) Sampling of undisturbed soil above and below the water table using hand augers, hollow stem augers with split spoons or Shelby tubes, direct push technology, or other available technologies to obtain information on site stratigraphy and non-aqueous phase liquids entrapped below the water table, to determine geotechnical parameters and vertical hydraulic conductivity of confining or semi-confining zones, and to assess the appropriateness of natural attenuation monitoring;

(e) Use of fracture trace analysis to discover linear zones in which discrete flow could take place;

(f) Use of field soil screening techniques, which shall be demonstrated to be appropriate for the site conditions and the physical and chemical characteristics of the contaminants. This demonstration shall be performed on a minimum of three samples with high, medium, and low screening results for the site. This demonstration shall be performed per source area and per sampling event, except that only one representative sample collected from the area most likely to be contaminated shall be sufficient if the field screening results indicate that contaminated soil is not present. The actual number of laboratory samples shall be based on the horizontal and vertical extent of contamination and the degree of correlation between field soil screening and laboratory results;

(g) Use of visual observations to determine whether soil contaminated or saturated with used oil is present. If the presence of soil contaminated or saturated with used oil is identified, then at least one sample from the most visibly stained area shall be collected for analyses for the used oil parameters as listed in Table D. If no visual signs of used oil contamination are identified, then a soil sample for laboratory analyses is not required;

(h) Use of piezometers or monitoring wells to determine the frequency of occurrence, horizontal and vertical extent, and thickness of free product;

(i) Use of monitoring wells, piezometers, or other sampling and measurement techniques to obtain a three-dimensional evaluation of the source of contamination, of the migration of contaminants below the water table, of groundwater flow, and of relevant hydrologic parameters;

(j) Use of piezometers or monitoring wells to determine horizontal direction(s) of groundwater flow and horizontal and vertical hydraulic gradients, as applicable (groundwater level measurements shall be made within a 24-hour period);

(k) Survey of every top-of-casing to the National Geodetic Vertical Datum (NGVD) of 1929 or to the North American Vertical Datum (NAVD) of 1988 or, for petroleum or petroleum product discharges, to a single benchmark of an arbitrary elevation. If the latter option is used, the survey shall be completed by closing the loop for each pair of adjacent monitoring wells or piezometers or with the first top-of-casing surveyed;

(l) Use of field screening techniques (for example, use of temporary wells, piezometers, or direct push technology to obtain groundwater samples for on-site analyses using gas chromatography) to optimize monitoring well placement;

(m) Sampling of monitoring wells for the appropriate laboratory analyses, with the most recent sampling of representative monitoring wells having occurred no more than 270 days prior to Site Assessment Report submittal, to determine the degree and extent of groundwater contamination and the background concentrations, if applicable, such that:

1. Drill cuttings and drilling mud generated during monitoring well installation shall be handled and disposed of in such a manner that contamination is not spread into previously uncontaminated or less contaminated media. Authorization pursuant to this rule does not relieve the PRSR from the obligation to comply with other Department rules (for example, chapters 62-701 and 62-730, F.A.C.) for handling and disposal of contaminated media. The PRSR is advised that other federal or local laws and regulations may apply; and,

2. Development water and purge water shall be handled and disposed of in such a manner that contamination is not spread into previously uncontaminated or less contaminated media. Authorization pursuant to this rule does not relieve the PRSR from the obligation to comply with other Department rules (for example, chapters 62-701 and 62-730, F.A.C.) for handling and disposal of contaminated media. The PRSR is advised that other federal or local laws and regulations may apply; and,

3. If an interim source removal was performed and No Further Action pursuant to subsection 62-780.680(1), F.A.C., will be recommended, one of the following criteria shall be met pursuant to rule 62-780.690, F.A.C.:

a. If groundwater contamination was present prior to the interim source removal, groundwater concentrations shall meet the No Further Action criteria of subsection 62-780.680(1), F.A.C., for at least two consecutive sampling events of representative monitoring wells, performed a minimum of three months apart, or

b. If soil contamination was only present in the unsaturated zone prior to the interim source removal, groundwater concentrations shall meet the No Further Action criteria of subsection 62-780.680(1), F.A.C., during only one sampling event of representative monitoring wells.

(n) Sampling of surface water and sediment for the appropriate laboratory analyses to determine the degree and extent of surface water and sediment contamination and the background concentrations, if applicable;

(o) Inspection of public records (such as those at the local Department of Health office, at the appropriate Water Management District office, and at local municipalities) and performance of a field reconnaissance, as appropriate, to locate all water supply wells (including potable, irrigation, and industrial wells) pursuant to paragraph 62-780.600(3)(h), F.A.C., and injection wells or drainage wells as defined in chapter 62-528, F.A.C.;

(p) If the possibility exists that the contamination may have affected public or private water supply wells, sampling of the well or wells for the appropriate laboratory analyses, with the consent of the owner(s), to determine whether any contamination is present;

(q) Use of available and appropriate literature in conjunction with site-specific lithologic logs to identify aquifers present beneath the site. An analysis for Total Dissolved Solids shall be used if the PRSR chooses to demonstrate to the Department that the background quality of the groundwater on-site would allow it to be classified as an area of G-III groundwater;

(r) Performance of tests to determine aquifer characteristics, if appropriate, on different strata of the surficial aquifer or of different aquifers, if applicable, using water-table monitoring wells, intermediate depth monitoring wells, and vertical extent monitoring wells. Performance of a pumping test may be deferred until the Remedial Action Plan phase if groundwater extraction is proposed pursuant to the provisions of rule 62-780.700, F.A.C. If a pumping test is performed within the plume, at least two samples of the groundwater withdrawn during the test shall be collected and analyzed for the appropriate contaminants and physical properties (for example, Hardness, Iron, Total Dissolved Solids, and Total Suspended Solids) that may affect the treatment system and disposal options. At a minimum, one sample shall be collected at the mid-point of the pumping test and one at the end of the pumping test;

(s) Review of historical land use records and existing aerial photographs to determine past uses of the property(ies) and location(s) of previous storage systems;

(t) Performance of a professional land survey of a petroleum contamination site in order to develop an accurate base map, if the Department determines that the site map provided in a report is not accurate; and,

(u) Establishment of the parameters or exposure assumptions that will be used to develop the alternative CTLs pursuant to Rule 62-780.650, F.A.C., if the PRSR chooses this option.

(6) If there is no historical evidence of certain contaminants being used within the site and if initial testing of representative monitoring well(s), performed pursuant to subsections 62-780.600(4) and (5), F.A.C., does not indicate the presence of any contaminants within a specific analytical procedure, or indicates that the presence of a contaminant is due to a background concentration, subsequent testing at the site need not include that analytical procedure.

(7) Within the time frames specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of a Site Assessment Report (that may reference previously submitted documents) for review.

(8) The Site Assessment Report shall:

(a) Summarize all tasks that were completed pursuant to subsections 62-780.600(3), (4), and (5), F.A.C., and summarize the results obtained. All maps shall indicate the North direction, be drawn to scale, and include a graphical representation of the scale used. The following shall be included, when applicable, to the discharge(s) being assessed:

1. A detailed summary of site history and operations, including:

a. An identification of present real property and facility owners,

b. A description of past and present operations, including those that involve the storage, treatment, use, disposal, processing, or manufacture of materials that may be potential contaminant sources,

c. A description of all known products used or manufactured and of all known by-products and wastes (including waste constituents) generated during the life of the facility,

d. A summary of current and past environmental permits and enforcement actions; and,

e. A summary of known spills or releases of materials, including permitted releases, that may be potential contaminant sources.

2. A copy of the portion of the most recent USGS topographic map(s), including quadrangle name and scale with contour interval(s) labeled, that clearly identifies the site in relation to the surrounding area,

3. A vicinity map that shows pertinent features, such as local drainage features, land cover, property boundaries, supply wells and, particularly, any potential off-property sources of contamination identified during the assessment (if applicable and available, FDEP identification numbers shall be provided). If the PRSR prefers, aerial photographs may be submitted to complement the vicinity map. If the subject site meets the No Further Action criteria of subsection 62-780.680(1), F.A.C., a vicinity map is not required,

4. One or more scaled site maps that show pertinent surface and subsurface features such as buildings, former and current tank farms, integral piping, dispensers, utilities, sewers, floor drains, drain lines, above and underground structures, storage areas, monitoring wells, land cover, streets, rights-of-way, locations and elevations (if significantly different) of property boundaries and surrounding properties, present in the immediate vicinity of the contamination,

5. A map of individual contaminant discharge locations, including the latitude and longitude coordinates of the known discharge locations,

6. Details of any preliminary assessment or interim source removal activities performed at the site, such as free product recovery, groundwater recovery, contaminated soil removal, and contaminated sediment removal (summarized in graphical and tabular form),

7. Data and calculations used to determine the top-of-casing elevations and the accuracy of the survey performed pursuant to paragraph 62-780.600(5)(k), F.A.C.,

8. Tables that list the top-of-casing elevations, screened intervals, depths to groundwater, water-level elevations obtained at least twice, at least one month apart, and the dates the data were obtained,

9. Scaled site maps that illustrate the water-level elevations calculated at each monitoring well, piezometer, and staff gauge where surface water is a concern, and depicting the estimated elevation contours and an interpretation of groundwater flow direction. If different strata of the same aquifer, or if different aquifers, are affected, separate figures shall be submitted for each date on which measurements were recorded, depicting flow in each stratum or aquifer. If the site’s groundwater is tidally-influenced, separate figures shall be submitted depicting flow at high and low tide. If the site is affected by seasonal groundwater variations, separate figures shall be submitted depicting the seasonal changes in the groundwater flow direction,

10. A table that summarizes the use and well construction details, if available, and locational information (i.e., the nearest street address, if available, or latitude and longitude coordinates, if the street address is not available), of all the water supply wells identified during the well survey performed pursuant to paragraph 62-780.600(3)(h), F.A.C.,

11. A map that shows the approximate location(s) of the water supply well(s) identified during the well survey performed pursuant to paragraph 62-780.600(3)(h), F.A.C., in relation to the subject site,

12. The results from slug tests on a minimum of three monitoring wells or from a pumping test, performed in each affected aquifer zone monitored to determine aquifer properties, and including a description of methods used, assumptions made, field data, and calculations, unless the site meets the No Further Action criteria of subsection 62-780.680(1), F.A.C.,

13. The result of a calculation of horizontal groundwater flow velocity (v) for the site, using the formula v=KI/n, where K is the average horizontal hydraulic conductivity, I is the average horizontal hydraulic gradient, and n is the estimated effective soil porosity, unless the site meets the No Further Action criteria of subsection 62-780.680(1), F.A.C.,

14. The result of a calculation of vertical groundwater flow velocity (v) for the site, using the formula v=KI/n, where K is the average vertical hydraulic conductivity of a confining or semi-confining zone, I is the average vertical hydraulic gradient, and n is the estimated effective soil porosity, unless the site meets the No Further Action criteria of subsection 62-780.680(1), F.A.C.,

15. A description of any geophysical methods used for the project,

16. A description of the site-specific stratigraphy, based on the lithologic logs prepared during soil assessment and monitoring well installation and on standard penetration test borings (including composition, thickness, and continuity of various lithologic units),

17. At least two cross-sections relative to NGVD of 1929 or NAVD of 1988 or, for petroleum or petroleum product discharges, to a single benchmark of an arbitrary elevation, that illustrate the site-specific stratigraphy and approximate concentrations of applicable contaminants,

18. Details of any other assessment methodology used at the site, including any field screening techniques and measures of biological activity (for example, dissolved oxygen or nutrient levels),

19. A table that summarizes the field soil screening results obtained at each sampling location and depth, and a listing of the date(s) the work was performed,

20. One or more scaled site maps that show all soil sampling locations for field screening or laboratory analyses, in relation to the former and current sources of contamination and any excavated areas, and that illustrate the horizontal and vertical extent of unsaturated zone soil contamination when soil contamination is detected,

21. Piezometer, monitoring well, and recovery well construction details and construction diagrams, including methods and materials, field sampling data sheets, lithologic logs, and methods and volumes of groundwater removed during well development,

22. A description of the treatment or disposal methods of any investigation-derived waste generated during the assessment phase and any documentation that confirms the proper treatment or proper disposal of the waste, as applicable,

23. A table that is updated any time additional piezometers, monitoring wells, or recovery wells are installed and that summarizes the well construction details (including the top-of-casing elevation referenced to NGVD of 1929 or NAVD of 1988 or, for petroleum or petroleum product discharges, to a single benchmark of an arbitrary elevation, depth of the top of the screen below land surface, total depth and screen length, and ground surface elevation referenced to NGVD of 1929 or NAVD of 1988 or, for petroleum or petroleum product discharges, to a single benchmark of an arbitrary elevation) of all monitoring wells (including storage tank compliance wells or other compliance wells required by permit), piezometers, and recovery wells,

24. A current table that summarizes free product thickness measured, volumes recovered, and date(s) measurements were recorded, if applicable,

25. A scaled site map that shows the estimated horizontal extent of free product,

26. All applicable information required by subsection 62-780.300(2), F.A.C.,

27. Separate tables by medium (soil, sediment, groundwater, and surface water) that list all contaminants detected, their corresponding CTLs and the basis or reason for any alternative CTLs, detection limits achieved for non-detected analytes, and analyses performed, and that summarize all available analytical results; and,

28. One or more scaled site maps that show any areas excavated and all groundwater and surface water sampling locations, and that illustrate the degree and extent of groundwater and surface water contamination using sufficient isoconcentration lines to help identify source area(s) as well as the extent of the plume(s).

(b) Summarize conclusions regarding site assessment objectives outlined in subsection 62-780.600(3), F.A.C., and include one of the following:

1. A No Further Action Proposal without institutional controls or without institutional and engineering controls shall be included if the site meets the applicable No Further Action criteria of subsection 62-780.680(1), F.A.C., or a No Further Action Proposal with institutional controls or both institutional and engineering controls may be included if the site meets the applicable No Further Action criteria of subsection 62-780.680(2) or (3), F.A.C.,

2. A Natural Attenuation Monitoring Plan may be included if the site meets the Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C.,

3. A recommendation to prepare a Risk Assessment or a Risk Assessment Work Plan shall be included if the PRSR chooses to justify alternative CTLs using risk assessment studies demonstrating that human health, public safety, and the environment are protected to at least the degree provided by sections 376.30701, 376.3071, 376.3078, or 376.81, F.S., as applicable. The work plan shall include a schedule for completion of a Risk Assessment and documentation adequate to support the request to do one or more of the task elements of subsection 62-780.650(1), F.A.C., and shall specify the parameters or exposure assumptions that will be used to develop the alternative CTLs pursuant to rule 62-780.650, F.A.C., or

4. A recommendation to prepare a Remedial Action Plan pursuant to rule 62-780.700, F.A.C., shall be included, unless a recommendation pursuant to subparagraph 62-780.600(8)(b)1., 2., or 3., F.A.C., is included.

(9) The Department shall:

(a) Provide the PRSR with written approval of the Site Assessment Report and:

1. If the No Further Action Proposal is approved, with a Site Rehabilitation Completion Order as referenced in subsection 62-780.680(7), F.A.C.,

2. If the Natural Attenuation Monitoring Plan is approved, with a Natural Attenuation Monitoring Plan Approval as referenced in paragraph 62-780.690(5)(a), F.A.C.,

3. If the Risk Assessment Work Plan or the recommendation to prepare a Risk Assessment is approved, with a written notification that the Risk Assessment shall be prepared pursuant to rule 62-780.650, F.A.C., or

4. If the recommendation to prepare a Remedial Action Plan is approved, with a written notification that the Remedial Action Plan shall be prepared pursuant to rule 62-780.700, F.A.C., or

(b) Notify the PRSR in writing, stating:

1. The reason(s) why the Site Assessment Report does not contain information adequate to support the conclusions regarding the applicable site assessment objectives outlined in subsection 62-780.600(3), F.A.C., or

2. The reason(s) why the proposal, plan, or recommendation submitted pursuant to paragraph 62-780.600(8)(b), F.A.C., is not supported by the applicable criteria.

(10) If the Site Assessment Report is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62-780.600(3), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.600(9)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a Site Assessment Report Addendum that addresses the deficiencies within 60 days after receipt of the notice.

Editorial Note: Portions of this rule were copied from rule 62-770.600, Formerly 17-70.008 and Formerly 17-770.600; 62-782.600; and 62-785.600, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended 6-12-13, 2-4-14, 2-2-17.

Fla. Admin. Code R. 62-780.610 Fate and Transport Model and Statistical Method Requirements

(1) Fate and Transport Models.

(a) Any fate and transport model used to support an evaluation pursuant to the provisions of rules 62-780.650, 62-780.680, and 62-780.690, F.A.C., shall be a fate and transport model with the ability to adequately simulate movement and degradation of contaminants in the aquifer over time and distance, taking into account attenuation mechanisms including biological, physical, and chemical processes. The model shall be appropriate for the site conditions and shall be selected from the ASTM document referenced in subsection 62-780.100(4), F.A.C., or from the list of approved fate and transport models maintained by the Department, a copy of which is available upon request.

(b) Fate and transport models not listed in the ASTM document referenced in subsection 62-780.100(4), F.A.C., or on the list of approved fate and transport models maintained by the Department, may be submitted to the Department for approval and for inclusion on the list of approved fate and transport models maintained by the Department. Any such request for Department approval shall set forth at a minimum the following information:

1. The fate and transport model type,

2. The name and address of the developer,

3. The fate and transport model description,

4. A list of input parameters,

5. The applicable boundary conditions and limitations on the appropriate use of the fate and transport model,

6. A description of the methods available for fate and transport model calibration and examples of calibration of the model with measured site data,

7. Documentation of code testing that has been done (for example, hand calculations to demonstrate that the model formulas were programmed correctly),

8. At least one independent reference knowledgeable of the theory, or experienced in the use, of fate and transport models, who must be a Professional Engineer registered pursuant to chapter 471, F.S., or a Professional Geologist registered pursuant to chapter 492, F.S.; and,

9. Any approvals or denials of the fate and transport model received from other states or from a federal agency.

(2) Statistical Methods.

(a) Any statistical method used to support an evaluation pursuant to the provisions of subparagraph 62-780.680(1)(b)1., 62-780.680(2)(b)1., or 62-780.680(3)(b)1., F.A.C., shall be a statistical method appropriately based on statistical properties of the site-specific data set such as the number of samples, distribution of the data set, and the percent of non-detect sample results. The statistical method shall be appropriate for the site conditions and shall be selected from the list of approved statistical methods maintained by the Department, a copy of which is available upon request.

(b) Statistical methods not on the list of approved statistical methods maintained by the Department may be submitted to the Department for approval and for inclusion on the list of approved statistical methods maintained by the Department. Any such request for Department approval shall set forth at a minimum the following information:

1. The statistical method type,

2. The name and address of the developer,

3. The statistical method description,

4. A list of input parameters,

5. The limitations on the appropriate use of the statistical method,

6. A list of assumptions underlying the construction of the statistical method and the methodology used to validate the assumptions,

7. Documentation of code testing that has been done (for example, hand calculations to demonstrate that the statistical method formulas were programmed correctly),

8. At least one independent reference knowledgeable of the theory of the proposed statistical method, and trained in the theory, or experienced in the use, of statistical methods, who must have an advanced degree in statistics or mathematics, or documentation that the proposed statistical methods are readily available, in wide use, and have been published in professional journals or reviewed in a statistical textbook; and,

9. Any approvals or denials of the statistical method received from other states or from a federal agency.

(3) Within 60 days of the receipt of a request for approval of a fate and transport model, or within 180 days of a request for approval of a new statistical method, the Department shall issue an Order:

(a) Providing the requester with approval of the fate and transport model or statistical method, or

(b) Notifying the requester of the reason(s) why the request does not adequately demonstrate that the requirements of subsection 62-780.610(1) or 62-780.610(2), F.A.C., as applicable, have been met.

(4) If the Fate and Transport Model or Statistical Method submittal is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62-780.610(1) or 62-780.610(2), F.A.C., as applicable, the Department shall inform the requester pursuant to paragraph 62-780.610(3)(b), F.A.C., and the requester shall submit to the Department a revised request that addresses the deficiencies within 60 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the fate and transport model or statistical method submitted for approval by the Department shall not be used.

(5) The Department’s Order shall be agency action, reviewable pursuant to sections 120.569 and 120.57, F.S.

Editorial Note: Portions of this rule were copied from rule 62-770.610; 62-782.610; and 62-785.610, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended 6-12-13.

Fla. Admin. Code R. 62-780.650 Risk Assessment

(1) If the PRSR elects to perform a risk assessment, then during the risk assessment process, the PRSR is encouraged to have discussions with the Department at various decision points to establish applicable exposure factors, relevant receptors, and risk management options based on the current and projected land use(s) at the site. If a risk assessment is performed, the following risk assessment task elements shall be performed, as applicable:

(a) An exposure assessment that identifies pathways and routes by which human and environmental receptors may be exposed to contaminants and determines levels of contaminants to which human and environmental receptors may be exposed. The exposure assessment shall:

1. Identify actual and potential exposure pathways and routes,

2. Identify actual and potential human and environmental receptors for each exposure pathway, and sensitive sub-populations such as children, where applicable,

3. Determine expected concentrations of contaminants to which actual and potential human and environmental receptors may be exposed, with the most recent sampling of representative monitoring wells having occurred no more than 270 days prior to Risk Assessment Report submittal,

4. Determine exposure factors (e.g., exposure duration, exposure frequency, body weight and ingestion rate) based on:

a. Site-specific characteristics, including consideration of current and plausible projected land uses. Institutional and engineering controls may be proposed in order to ensure that exposure factors do not change, or

b. Non-site-specific exposure factors contained in the USEPA Exposure Factors Handbook (2011 Edition), hereby adopted and incorporated by reference, (http://www.flrules.org/Gateway/reference.asp?No=Ref-03403), or other information on exposure factors relevant or applicable to the actual conditions of exposure.

5. Estimate the contaminant doses received by relevant receptors.

(b) A toxicity assessment that determines human health and environmental criteria for contaminants found at the site.

1. The criteria, taking into consideration acute and chronic health effects associated with short-term and long-term exposure, shall be applicable to exposure pathways and routes identified in the exposure assessment, including, as applicable:

a. Potable water exposure from ingestion, dermal contact, and inhalation of vapors and mists,

b. Non-potable water exposure from dermal contact, inhalation of vapors and mists, ingestion of food crops irrigated with such water, lawn watering, and other related exposures, and exposures to pets and livestock from ingestion,

c. Soil exposure from ingestion, dermal contact, inhalation, and ingestion by humans or animals of food crops grown in contaminated soil; and,

d. Non-potable surface water exposure from ingestion, dermal contact, and inhalation of vapors and mists. Adverse effects on freshwater or marine biota (including any bio-accumulative effects in the food chain) and on humans (for example, through incidental ingestion and dermal contact while using the resource for recreational purposes or fish consumption) shall be considered.

2. Input assumptions different from those used to develop default CTLs may be used to propose alternative CTLs. The appropriate equations from chapter 62-777, F.A.C., must be used in calculating the alternative CTLs. Toxicity values for quantifying human health risks and for developing alternative CTLs may be taken from the following information sources listed in rule 62-780.100, F.A.C., in order of preference:

a. USEPA Integrated Risk Information System (IRIS) database.

b. Provisional Peer Reviewed Toxicity Values (PPRTV) derived by EPA's Superfund Technical Support Center for the USEPA Superfund program.

c. Values proposed by a PRSR from other sources. Such values must be accompanied with a justification for using the proposed value and are subject to review and acceptance by FDEP based upon statutory requirements for the protection of human health and the environment. The referenced guidelines in subsections 62-780.100(12) through 62-780.100(20), F.A.C., are available for reference when selecting or justifying alternative values.

(c) A risk characterization that utilizes the results of the exposure assessment, the toxicity assessment, and any other relevant public health and epidemiological assessments, to characterize cumulative risks to the affected population(s) and the environment from contaminants found at the site. Based on the concentrations of contaminants found at the site, the characterization shall include:

1. Risks to human health and safety from exposure to the contamination,

2. Risks from the contamination to non-human species and ecosystems; and,

3. Derivation of alternative CTLs, as applicable. [Refer to Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C., for guidance on the derivation of alternative CTLs for TRPHs based on a sub-classification methodology; and to chapter 62-777, F.A.C., Table III for methods that may be used in determining soil properties for the derivation of alternative CTLs based on site-specific soil characteristics, if soil properties are used to derive alternative CTLs.] In developing alternative CTLs, the dose additivity of chemicals shall be considered [Refer to the “Dose Additivity” document referenced in subsection 62-780.100(24), F.A.C., for guidance].

(d) A justification for alternative CTLs, as applicable, for groundwater or soil. The justification for the alternative CTLs shall be based upon site-specific or other relevant data and information, risk assessment, modeling results, including results from probabilistic risk assessment modeling, risk assessment studies, risk reduction techniques or a combination thereof. In establishing the alternative CTLs for groundwater or soil, the following factors shall be used, as applicable: calculations using a lifetime excess cancer risk level of 1.0E-6 and a hazard index of 1, and (for groundwater only) nuisance, organoleptic, and aesthetic considerations. However, the Department shall not require site rehabilitation to achieve a CTL for an individual contaminant that is more stringent than the site-specific background concentration for that contaminant or the best achievable detection limit for that contaminant. The justification shall be based on:

1. State-wide, as applicable, or site-specific characteristics pertinent to the site, including:

a. The present and projected uses of the affected aquifer(s) and adjacent surface water, with particular consideration of the probability that the contamination is substantially affecting, or will migrate to and substantially affect, a known public or private source of potable water,

b. The technical feasibility of achieving the soil or water quality criteria based on a review of available technology; and,

c. Site soil characteristics; and,

2. The results of the exposure assessment, toxicity assessment, and risk characterization pursuant to paragraphs 62-780.650(1)(a), 62-780.650(1)(b), and 62-780.650(1)(c), F.A.C.

(2) Fate and transport models for contaminants may be employed, pursuant to rule 62-780.610, F.A.C., to document that human health and environmental risks are acceptable, and to document that potential risks associated with the establishment of alternative CTLs are acceptable. If a fate and transport model for contaminants is used, the model shall be validated during subsequent monitoring to justify a No Further Action Proposal, or during natural attenuation monitoring or active remediation monitoring, and adjusted as appropriate using empirical data as the data are obtained.

(3) Where a PRSR elects to perform a risk assessment pursuant to subsection 62-780.650(1), F.A.C., Probabilistic Risk Assessments may be employed to document that human health and environmental risks are acceptable, and to document that potential risks associated with the establishment of alternative CTLs are acceptable provided:

(a) The equations in chapter 62-777, F.A.C., Figures (1)-(10), as applicable, shall be used as the basis for calculation of cumulative risks and for the calculation of the alternative CTL.

(b) The selection of the alternative CTL shall be the value that is protective for the pathways and routes by which human and environmental receptors may be exposed representing the 90th percentile of the final exposure or risk variability distributions produced by the model for the general population, or for any identified sensitive life stages, where applicable (or the 10th percentile of the CTL distribution if demonstrated to be equivalent); and,

(c) The following information regarding the Probabilistic Risk Assessment model is submitted to and approved by the Department pursuant to subsection 62-780.610(2), F.A.C.:

1. All information required by paragraph 62-780.610(2)(b), F.A.C.,

2. The type of simulation used,

3. Whether the simulation used is an open-source model or a proprietary model,

4. The source(s) for the distribution(s), as well as any point values, used in the model,

5. A description of the applicability and scientific basis for each of the distribution(s) and point values used in the model,

6. The shapes and parameters of distribution(s) used in the model and the basis for these assumptions,

7. The extent of correlation, if any, assumed between specific input distributions and the scientific rationale for that correlation,

8. Any default model parameter values that were replaced with other values for the purposes of the Probabilistic Risk Assessment and the rationale for such replacement, specifically including any methods used for sampling or resampling from the input distributions. The PRSR may submit the information listed in paragraph 62-780.650(3)(c), F.A.C., above, for review and approval in advance of the submittal of the model results; and,

9. A discussion of the uncertainties associated with the models and inputs used in the probabilistic risk assessment, including contributions from:

a. The nature and sources of exposure and toxicity information,

b. The shape of input distributions and limits, and choice of point value inputs, if any, used in the analysis; and,

c. The selection of specific models used in the analysis.

d. If the uncertainty discussion includes quantitative information, it may be presented in the form of a parameter sensitivity analysis, or calculation of risk in two dimensions where uncertainty is expressed as the confidence bounds on the risk variability distribution.

10. A quantitative assessment of uncertainty is not required, but if submitted as part of the risk assessment, should quantify how alternative inputs and models would change the 90th percentile risk (and associated CTL) for the population(s) of interest.

(4) Within the time frames specified in Table A, located at the end of rule 62-780.900, F.A.C., or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of the Risk Assessment Report.

(5) The Risk Assessment Report shall contain a description of the task elements undertaken, summarize the conclusions obtained, include the tables required pursuant to subparagraph 62-780.600(8)(a)27., F.A.C., updated as applicable, include a scaled site map for each contaminated medium, that illustrates the degree and extent of contamination (and, for groundwater, the flow direction), and include one of the following:

(a) A No Further Action Proposal without institutional and engineering controls shall be included if the site meets the applicable No Further Action criteria of subsection 62-780.680(1), F.A.C., or a No Further Action Proposal with institutional controls or both institutional and engineering controls may be included if the site meets the applicable No Further Action criteria of subsection 62-780.680(2), F.A.C., or a No Further Action Proposal with or without institutional controls or both institutional and engineering controls may be included if the site meets the applicable No Further Action criteria of subsection 62-780.680(3), F.A.C.

(b) A Natural Attenuation Monitoring Plan may be included if the site meets the Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C., or

(c) A recommendation to prepare a Remedial Action Plan pursuant to rule 62-780.700, F.A.C., shall be included, unless a recommendation pursuant to paragraph 62-780.650(4)(a) or 62-780.650(4)(b), F.A.C., is included.

(6) The Department shall:

(a) Provide the PRSR with written approval of the Risk Assessment Report and:

1. If the No Further Action Proposal is approved, with a Site Rehabilitation Completion Order as referenced in subsection 62-780.680(7), F.A.C.,

2. If the Natural Attenuation Monitoring Plan is approved, with a Natural Attenuation Monitoring Plan Approval as referenced in paragraph 62-780.690(5)(a), F.A.C., or

3. If the recommendation to prepare a Remedial Action Plan is approved, with a written notification that the Remedial Action Plan shall be prepared pursuant to rule 62-780.700, F.A.C., or

(b) Notify the PRSR in writing, stating:

1. The reason(s) why the Risk Assessment Report does not contain information adequate to support the proposed alternative CTLs, or

2. The reason(s) why the proposal, plan, or recommendation submitted pursuant to subsection 62-780.650(3), F.A.C., is not supported by the applicable criteria.

(7) If a Risk Assessment Report or Risk Assessment Report Addendum is incomplete in any respect, or is insufficient to satisfy the objectives set forth in subsection 62-780.650(5), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.650(6)(b), F.A.C., of the basis for a rejection or determination of insufficiency, including the technical and scientific basis for any such rejection. The PRSR shall submit to the Department for review an electronic or paper copy of a Risk Assessment Report Addendum that addresses the deficiencies within 60 days after receipt of the notice.

Editorial Note: Portions of this rule were copied from rule 62-770.650; 62-782.650; and 62-785.650, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.061 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.021, 403.061, 403.062 FS. History–New 4-17-05, Amended 6-12-13, 2-4-14, 2-2-17.

Fla. Admin. Code R. 62-780.680 No Further Action and No Further Action with Controls

(1) Risk Management Options Level I – A No Further Action without institutional controls or without institutional and engineering controls shall apply if the following conditions are met:

(a) Free product is not present and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids;

(b) Contaminated soil is not present in the unsaturated zone, as demonstrated by the analyses of soil samples collected from representative sampling locations (unless the Department has concurred that soil sampling is unnecessary based on the site-specific conditions), that show that one or more of the criteria for direct exposure and one or more of the criteria for leachability are met, as applicable:

1. Criteria for direct exposure are as follows:

a. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subparagraph 62-780.680(1)(b)1.d., F.A.C., do not exceed the less stringent of:

(I) The residential soil CTLs specified in chapter 62-777, F.A.C., Table II,

(II) The background concentrations, or

(III) The best achievable detection limits.

b. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subparagraph 62-780.680(1)(b)1.d., F.A.C., do not exceed the alternative residential soil CTLs established using site-specific soil properties pursuant to subparagraph 62-780.600(5)(c)2., F.A.C., and the equations and default residential exposure assumptions specified in chapter 62-777, F.A.C., Figures 4, 5, 6, and 7 and Table VI,

c. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 62-780.600(5)(c)3., F.A.C., or average soil concentrations of the site-specific fractions of TRPHs calculated based on the 95% UCL approach pursuant to sub-subparagraph 62-780.680(1)(b)1.d., F.A.C., utilizing the soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 62-780.600(5)(c)3., F.A.C., do not exceed the residential soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C.; and,

d. If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to sub-subparagraph 62-780.680(1)(b)1.a., 62-780.680(1)(b)1.b., or 62-780.680(1)(b)1.c., F.A.C. [refer to the technical report referenced in subsection 62-780.100(2), F.A.C., for guidance], the following criteria shall be met:

(I) An approved statistical method pursuant to subsection 62-780.610(2), F.A.C., shall be used to perform the 95% UCL calculations,

(II) The exposure unit shall not exceed 1/4 acre unless it is demonstrated using statistically appropriate techniques, which shall include an appropriate number of samples which are representative of the exposure unit, that the contaminants are uniformly distributed such that a 95% UCL based on an alternative exposure unit size(s) will be sufficiently protective of human health, public safety and the environment. The exposure unit(s) shall be located within the source property boundaries,

(III) A minimum of 10 representative soil samples is required when discrete sample data are used and three representative soil samples when ISM sample data are used; and,

(IV) The average soil concentration shall not be compared with any CTL based upon acute toxicity. For acute toxicity CTLs comparisons must be made with discrete sampling data.

2. Criteria for leachability are as follows:

a. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the less stringent of:

(I) The groundwater and, if applicable, surface water leachability-based soil CTLs specified in chapter 62-777, F.A.C., Table II,

(II) The background concentrations, or

(III) The best achievable detection limits.

b. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the alternative leachability-based soil CTLs established using the equation and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs based on the site-specific background concentrations [refer to sub-subparagraph 62-780.680(1)(c)1.b., F.A.C.], and, if applicable, the alternative surface water CTLs based on the site-specific background concentrations [refer to subparagraph 62-780.680(1)(d)2., F.A.C.],

c. Direct leachability testing results pursuant to subparagraph 62-780.600(5)(c)4., F.A.C., demonstrate that leachate concentrations do not exceed the appropriate groundwater CTLs pursuant to paragraph 62-780.680(1)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

d. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subparagraph 62-780.600(5)(c)2., F.A.C., the equation and appropriate default assumptions specified in chapter 62-777, F.A.C., Figure 8, and the appropriate groundwater CTLs pursuant to paragraph 62-780.680(1)(c), F.A.C.; and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 62-780.600(5)(c)3., F.A.C., do not exceed the leachability-based soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C.,

f. For soil that is and has been exposed to the elements (i.e., open ground, not covered by impermeable or semi-permeable cover) and subject to infiltration throughout the entire unsaturated zone for a minimum of two years, it has been subsequently demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs pursuant to paragraph 62-780.680(1)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C. This demonstration shall consider site-specific characteristics such as the thickness of the unsaturated zone, depth and mass of soil contaminants, soil lithology, actual precipitation, concentration gradients, and the chemical and physical characteristics of the contaminants, or

(c) Contaminated groundwater is not present, as demonstrated by the analyses of groundwater samples collected from representative sampling locations (unless the Department has concurred that groundwater sampling is unnecessary based on the site-specific conditions), that show that criteria 1. and 2. are met:

1. Groundwater contaminant concentrations do not exceed the less stringent of:

a. The groundwater CTLs specified in chapter 62-777, F.A.C., Table I groundwater criteria column, except that for contaminated sites undergoing site rehabilitation pursuant to sections 376.30701 and 376.81, F.S., and petroleum contamination sites being addressed pursuant to section 376.3071, F.S., that are not eligible for state-funded site rehabilitation, if the PRSR elects, groundwater contaminant concentrations may exceed the groundwater CTLs derived from nuisance, organoleptic, or aesthetic considerations if the following additional criteria are met:

(I) Concentrations of contaminants meet all applicable health-based groundwater CTLs provided in chapter 62-777, F.A.C., Table I groundwater criteria column, and chapter 62-780, F.A.C., Table F, located at the end of rule 62-780.900, F.A.C., and if applicable, surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

(II) The PRSR has demonstrated by a minimum of one year of groundwater monitoring data that groundwater concentrations at the property boundary do not, and will not, exceed the groundwater CTLs pursuant to subparagraph 62-780.680(1)(c)1. or 2., F.A.C., and, if applicable, the surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

(III) The property has access to and is connected to an off-site water supply for domestic purposes and private wells are not used for domestic purposes. For purposes of this rule, “domestic purposes” means that the water is used for human consumption such as bathing, cooking, or drinking, and is provided through pipes or other constructed conveyances; and,

(IV) For contaminated sites undergoing site rehabilitation pursuant to section 376.81, F.S., the real property owner provides written acceptance of the No Further Action Proposal to the Department. For all other sites being closed under this provision, the real property owner does not object to the No Further Action Proposal to the Department.

b. The background concentrations, or

c. The best achievable detection limits; and,

2. Groundwater contaminant concentrations do not exceed the surface water CTLs specified in chapter 62-777, F.A.C., Table I freshwater surface water criteria column or marine surface water criteria column, as applicable, if the site’s groundwater contaminant concentrations are affecting or may potentially affect a surface water body based on monitoring well data, groundwater flow rate and direction, or fate and transport modeling. The point of measuring compliance with the surface water standards shall be in the groundwater from the landward side immediately adjacent to the surface water body. However, for cleanups being conducted pursuant to section 376.30701(2), F.S., (including petroleum contamination sites being addressed pursuant to section 376.3071, F.S., that are not eligible for state-funded site rehabilitation, if the PRSR elects) or section 376.81(1), F.S., such measurement is not necessary if it has been demonstrated, based onsite assessment data provided in accordance with rule 62-780.600, F.A.C., that the contaminants do not cause or contribute to the exceedance of applicable surface water quality criteria.

(d) Contaminated surface water is not present, as demonstrated by the analyses of surface water samples collected from representative sampling locations (unless the Department has concurred that surface water sampling is unnecessary based on the site-specific conditions), that show that contaminant concentrations do not exceed the less stringent of:

1. The applicable surface water CTLs specified in chapter 62-777, F.A.C., Table I freshwater surface water criteria column or marine surface water criteria column,

2. The background concentrations, or

3. The best achievable detection limits; and,

(e) Contaminated sediment is not present, as demonstrated by the analyses of sediment samples collected from representative sampling locations (unless the Department has concurred that sediment sampling is unnecessary based on the site-specific conditions), or the concentrations of contaminants in sediment do not exceed the background concentrations.

(2) Risk Management Options Level II – A No Further Action with institutional controls (whether such institutional controls are recorded in the public records of the County in which the site is located, or are non-recorded institutional controls), and, if appropriate, engineering controls shall apply if the controls are protective of human health, public safety, and the environment. Notice of the use of institutional or engineering controls shall be provided in accordance with subsection 62-780.220(7), F.A.C. Fate and transport models, as defined in rule 62-780.610, F.A.C., may be utilized to justify the No Further Action Proposal. It shall be demonstrated to the Department that the following conditions are met for those contaminants that do not meet Risk Management Options Level I criteria of subsection 62-780.680(1), F.A.C.:

(a) Criteria for evaluation of free product are as follows:

1. Free product is not present and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids, or

2. Free product removal is not technologically feasible or cost-effective; and,

3. Free product is not migrating and does not pose a risk to human health, public safety or the environment.

(b) Alternative soil CTLs have been established by the PRSR and one or more of the criteria for direct exposure and one or more of the criteria for leachability are met for soil in the unsaturated zone, as applicable:

1. Criteria for direct exposure are as follows:

a. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations calculated based on the 95% UCL approach from discrete or ISM sampling data, do not exceed the commercial/industrial soil CTLs specified in chapter 62-777, F.A.C., Table II,

b. An engineering control that prevents human exposure (for example, permanent cover material or a minimum of two feet of soil) is implemented, in which case the contaminant concentrations in the soil below the permanent cover or two or more feet below land surface may exceed the direct exposure soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that to the best of his or her knowledge the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented,

c. Soil contaminant concentrations, or average soil contaminant concentrations calculated based on the 95% UCL approach pursuant to sub-subparagraph 62-780.680(2)(b)1.e., F.A.C., do not exceed the alternative commercial/industrial soil CTLs calculated using site-specific soil properties pursuant to subparagraph 62-780.600(5)(c)2., F.A.C., and the equations and default commercial/industrial exposure assumptions specified in chapter 62-777, F.A.C., Figures 4, 5, 6, and 7 and Table VI,

d. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 62-780.600(5)(c)3., F.A.C., or average soil contaminant concentrations of the site-specific fractions of TRPHs calculated based on the 95% UCL approach pursuant to sub-subparagraph 62-780.680(2)(b)1.e., F.A.C., utilizing the soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 62-780.600(5)(c)3., F.A.C., do not exceed the commercial/industrial soil CTLs for the TRPH fractions provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C.; and,

e. If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to sub-subparagraph 62-780.680(2)(b)1.a., 62-780.680(2)(b)1.c. or 62-780.680(2)(b)1.d., F.A.C., [refer to the technical report referenced in subsection 62-780.100(2), F.A.C., for guidance], the following criteria shall be met:

(I) An approved statistical method pursuant to subsection 62-780.610(2), F.A.C., shall be used to perform the 95% UCL calculations,

(II) The exposure unit shall be located within the source property boundaries and reflect normal activity patterns for the existing commercial/industrial land use with supporting institutional controls. The institutional controls shall require recalculation of the 95% UCL if the property is subdivided or land use changes such that the exposure unit utilized in the original calculation is no longer appropriate; and,

(III) A minimum of 10 representative soil samples is required when discrete sampling data are used and three representative soil samples when ISM data are used.

2. Criteria for leachability are as follows:

a. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using the equations and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs derived pursuant to paragraph 62-780.680(2)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

b. Direct leachability testing results pursuant to subparagraph 62-780.600(5)(c)4., F.A.C., demonstrate that leachate concentrations do not exceed the alternative groundwater CTLs established pursuant to paragraph 62-780.680(2)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

c. An engineering control that prevents infiltration (for example, permanent impermeable cover material) is implemented, in which case the contaminant concentrations in the soil below the impermeable cover may exceed the leachability-based soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that, to the best of his or her knowledge, the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented. It shall be demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs pursuant to paragraph 62-780.680(1)(c), F.A.C., or, if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to paragraph 62-780.680(2)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

d. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subparagraph 62-780.600(5)(c)2., F.A.C., the equation and appropriate default assumptions specified in chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs established pursuant to paragraph 62-780.680(2)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 62-780.600(5)(c)3., F.A.C., do not exceed the alternative leachability-based soil CTLs for the TRPH fractions established using the equation and assumptions specified in chapter 62-777, F.A.C., Figure 8, the chemical/physical parameters provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C., the alternative groundwater CTL for TRPHs established pursuant to paragraph 62-780.680(2)(c), F.A.C., and, if applicable, the appropriate surface water CTL for TRPHs pursuant to paragraph 62-780.680(1)(d), F.A.C.; and,

f. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results that, based upon the site-specific conditions, contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs established pursuant to paragraph 62-780.680(1)(c), F.A.C., or if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to paragraph 62-780.680(2)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.; and,

(c) Alternative groundwater CTLs have been established by the PRSR depending on the current and projected use of groundwater in the vicinity of the site and one or more of the following criteria are met, as applicable:

1. For contamination of groundwater of low yield or poor quality, the CTLs specified in chapter 62-777, F.A.C., Table I groundwater of low yield/poor quality criteria column shall apply to groundwater within the property boundaries, provided that it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data that groundwater contaminant concentrations at the property boundaries do not, and will not, exceed the appropriate groundwater CTLs specified in subparagraph 62-780.680(1)(c)1., F.A.C., and that the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subparagraph 62-780.680(1)(c)2., F.A.C.,

2. An engineering control that prevents migration of the plume (for example, a permanent containment such as a barrier wall) is implemented, and it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data that groundwater contaminant concentrations at the property boundaries do not, and will not, exceed the appropriate groundwater CTLs specified in subparagraph 62-780.680(1)(c)1., F.A.C., and that the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subparagraph 62-780.680(1)(c)2., F.A.C. Periodic monitoring of the engineering control by the PRSR shall be required to verify the effectiveness of the engineering control in preventing migration of the plume. The PRSR shall report to the Department any failures of the engineering control to prevent migration of the plume within 30 days of discovery of a failure. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that to the best of his or her knowledge the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented,

3. For groundwater contamination that is affecting or may potentially affect only a marine surface water body with no other properties or freshwater surface water bodies located between the source property boundary and the marine surface water body, the CTLs specified in chapter 62-777, F.A.C., Table I marine surface water criteria column shall apply to groundwater. The point of measuring compliance with the surface water standards shall be in the groundwater from the landward side immediately adjacent to the surface water body. However, for cleanups being conducted pursuant to section 376.30701(2), F.S., (including petroleum contamination sites being addressed pursuant to section 376.3071, F.S., that are not eligible for state-funded site rehabilitation, if the PRSR elects) or section 376.81(1), F.S., such measurement is not necessary if it has been demonstrated, based on site assessment data provided in accordance with rule 62-780.600, F.A.C., that the contaminants do not cause or contribute to the exceedance of applicable surface water quality criteria; and,

4. For groundwater contamination that is contained within the property boundaries and limited to the immediate vicinity of the source area, and the area of groundwater contamination is less than 1/4 acre, where it has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results, that the groundwater contamination is not migrating away from such localized source area (the plume is stable or shrinking) and has not affected, and will not affect, a freshwater or marine surface water body pursuant to subparagraph 62-780.680(1)(c)2., F.A.C., alternative groundwater CTLs shall be established using the monitoring data and, if applicable, modeling results.

(3) Risk Management Options Level III – A No Further Action with institutional controls, (whether such institutional controls are recorded in the public records of the County in which the site is located, or are non-recorded institutional controls), if needed, and, if appropriate, engineering controls shall apply if the controls are protective of human health, public safety, and the environment. Notice of the use of institutional or engineering controls shall be provided in accordance with subsection 62-780.220(7), F.A.C. Alternative CTLs that are based on limitations to land use must be used in conjunction with institutional controls and, if appropriate, engineering controls, to ensure that the limited land use upon which the exposure duration and frequency assumptions were based remains in effect until the PRSR submits information to the Department that supports removal or modification of the recorded controls (if applicable) or that reliance on a non-recorded control is no longer required. The PRSR may also use scientific studies or reports to support a No Further Action Proposal without controls under this subsection. Proposals may be based on information about a contaminant’s toxicity or carcinogenicity, provided such information is consistent with the requirements of subparagraph 62-780.650(1)(b)2., F.A.C. Proposals for no further action without controls may also be based on information about non-site-specific exposure factors, provided such information is consistent with the requirements of sub-subparagraph 62-780.650(1)(a)4.b., F.A.C. Fate and transport models, as defined in rule 62-780.610, F.A.C., may be utilized to justify the No Further Action Proposal. It shall be demonstrated to the Department that the following conditions are met for those contaminants that do not meet Risk Management Options Level I or Level II criteria of subsection 62-780.680(1) or 62-780.680(2), F.A.C.:

(a) Criteria for evaluation of free product are as follows:

1. Free product is not present and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids, or

2. Free product removal is not technologically feasible or not cost-effective; and,

3. Free product is not migrating and does not pose a risk to human health, public safety or the environment.

(b) Alternative soil CTLs have been established by the PRSR and the following criteria are met for soil in the unsaturated zone:

1. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations calculated based on the 95% UCL approach from discrete or ISM sampling data, do not exceed the alternative direct exposure soil CTLs established pursuant to paragraph 62-780.650(1)(d), F.A.C. If the 95% UCL approach is utilized to calculate average soil contaminant concentrations pursuant to this subparagraph [refer to the technical report referenced in subsection 62-780.100(2), F.A.C., for guidance], the following criteria shall be met:

a. An approved statistical method pursuant to subsection 62-780.610(2), F.A.C., shall be used to perform the 95% UCL calculations,

b. The proposed maximum soil contaminant concentrations address the potential risk based on exposure to contaminants which may cause acute toxicity, and the potential for direct contact within the exposure unit that is not equal and random; and,

c. The exposure unit shall reflect normal activity patterns for the existing land use, with supporting institutional controls if the exposure unit exceeds 1/4 acre. The institutional controls shall require recalculation of the 95% UCL if the property is subdivided or land use changes such that the exposure unit utilized in the original calculation is no longer appropriate; and,

2. One or more of the following criteria for leachability are met, as applicable:

a. Soil contaminant concentrations do not exceed the alternative leachability-based soil CTLs established using the alternative groundwater CTLs derived pursuant to paragraph 62-780.680(3)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

b. Direct leachability testing results pursuant to subparagraph 62-780.600(5)(c)4., F.A.C., demonstrate that leachate concentrations do not exceed the alternative groundwater CTLs established pursuant to paragraph 62-780.680(3)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

c. An engineering control that prevents infiltration (for example, permanent impermeable cover material) is implemented, in which case the contaminant concentrations in the soil below the impermeable cover may exceed the leachability-based soil CTLs. Prior to Department approval of a No Further Action with engineering controls, the PRSR shall provide certification by a registered Professional Engineer that, to the best of his or her knowledge, the engineering control is consistent with commonly accepted engineering practices, is appropriately designed and constructed for its intended purpose, and has been implemented. It shall be demonstrated to the Department by a minimum of one year of groundwater monitoring data that contaminants will not leach into the groundwater at concentrations that exceed the appropriate groundwater CTLs established pursuant to paragraph 62-780.680(1)(c), F.A.C., or, if the groundwater is already contaminated, at concentrations that exceed the alternative groundwater CTLs established pursuant to paragraph 62-780.680(3)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

d. Soil contaminant concentrations measured with discrete samples, or average soil contaminant concentrations based upon the 95% UCL approach from discrete or ISM sampling data do not exceed the alternative leachability-based soil CTLs established using site-specific soil properties pursuant to subparagraph 62-780.600(5)(c)2., F.A.C., the equation and appropriate default assumptions specified in Chapter 62-777, F.A.C., Figure 8, the alternative groundwater CTLs established pursuant to paragraph 62-780.680(3)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.,

e. Soil concentrations of the site-specific fractions of TRPHs established pursuant to subparagraph 62-780.600(5)(c)3., F.A.C., do not exceed the alternative leachability-based soil CTLs for the TRPH fractions established using the equation and default assumptions specified in chapter 62-777, F.A.C., Figure 8, the chemical/physical parameters provided in Appendix C of the technical report referenced in subsection 62-780.100(2), F.A.C., the alternative groundwater CTL for TRPHs established pursuant to paragraph 62-780.680(3)(c), F.A.C., and, if applicable, the appropriate surface water CTL for TRPHs pursuant to paragraph 62-780.680(1)(d), F.A.C.; and,

f. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results that, based upon the site-specific conditions, contaminants will not leach into the groundwater at concentrations that exceed the alternative groundwater CTLs established pursuant to paragraph 62-780.680(3)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.; and,

(c) Alternative groundwater CTLs have been established by the PRSR depending on the current and projected use of groundwater in the vicinity of the site, and the following criteria are met:

1. Groundwater contaminant concentrations do not exceed the alternative groundwater CTLs established pursuant to paragraph 62-780.650(1)(d), F.A.C., and the plume has not affected, and will not affect, a freshwater or marine surface water body pursuant to subparagraph 62-780.680(1)(c)2., F.A.C.; and,

2. It has been demonstrated to the Department by a minimum of one year of groundwater monitoring data and, if applicable, fate and transport modeling results, that the plume is stable or shrinking, and groundwater contaminant concentrations at the institutional control boundary do not, and will not, exceed the appropriate groundwater CTLs pursuant to paragraph 62-780.680(1)(c), F.A.C., and, if applicable, the appropriate surface water CTLs pursuant to paragraph 62-780.680(1)(d), F.A.C.

(4) Unless the No Further Action Proposal is included in a Site Assessment Report pursuant to subparagraph 62-780.600(8)(b)1., F.A.C., or a Risk Assessment Report pursuant to paragraph 62-780.650(4)(a), F.A.C., or a Site Rehabilitation Completion Report pursuant to subsection 62-780.690(10) or 62-780.750(6), F.A.C., the PRSR shall submit to the Department for review an electronic or paper copy of the No Further Action Proposal when the criteria for No Further Action have been met. The No Further Action Proposal shall include the tables required pursuant to subparagraph 62-780.600(8)(a)27., F.A.C., updated as applicable. Prior to approval of a No Further Action Proposal with an institutional control or an engineering control accompanied by an institutional control, documentation of completion of notification pursuant to subsection 62-780.220(7), F.A.C., shall be submitted to the Department.

(5) The Department shall:

(a) Provide the PRSR with a Site Rehabilitation Completion Order that approves the No Further Action Proposal, or

(b) Notify the PRSR in writing, stating the reason(s) why the No Further Action Proposal does not contain information adequate to support the conclusion that the applicable No Further Action criteria of rule 62-780.680, F.A.C., have been met. Site rehabilitation activities shall not be deemed complete until such time as a No Further Action Proposal is approved.

(6) If the No Further Action Proposal is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.680(5)(b), F.A.C., of the basis for a rejection or determination of insufficiency, including the technical and scientific basis for any such rejection. The PRSR shall submit to the Department for review an electronic or paper copy of a revised No Further Action Proposal that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall submit to the Department for review, as appropriate, an electronic or paper copy of a Natural Attenuation Monitoring Plan pursuant to rule 62-780.690, F.A.C., or an electronic or paper copy of a Remedial Action Plan pursuant to rule 62-780.700, F.A.C., within 60 days after receipt of the notice.

(7) When a No Further Action Proposal is approved pursuant to subparagraph 62-780.600(9)(a)1. or paragraph 62-780.650(5)(a), 62-780.680(5)(a), 62-780.690(11)(a) or 62-780.750(7)(a), F.A.C., the Site Rehabilitation Completion Order shall contain, at a minimum, the following information:

(a) The facility identification number or other FDEP or USEPA tracking number, as applicable, that identifies the property where the source(s) of the contaminated site is(are) or was(were) located;

(b) The street address of the property where the source(s) of the contaminated site is(are) or was(were) located;

(c) The date(s) of the discharge(s), if known, that resulted in the contaminated site;

(d) A reference to an attached map or legal description that depicts or describes the contaminated site for which the Site Rehabilitation Completion Order is being issued;

(e) The most recent tables generated by the PRSR pursuant to subparagraph 62-780.600(8)(a)27., F.A.C., or subsection 62-780.650(4), 62-780.680(4), 62-780.690(10), or 62-780.750(6), F.A.C.;

(f) If applicable, a reference to all engineering and institutional controls that were implemented or relied upon at the contaminated site. For engineering controls, a brief description of the physical control and any maintenance or monitoring requirements shall be included. For recorded institutional controls, a copy of the restrictive covenant (or other recorded instrument) including a reference to the book and page numbers where recorded shall be attached. For non-recorded institutional controls, a citation to the rule(s), ordinance(s), or other instruments (including the Site Rehabilitation Completion Order itself when deemed appropriate by the Department) that comprise the institutional control, shall be included together with a copy of the pertinent sections of the instruments;

(g) If applicable, a statement that the Site Rehabilitation Completion Order is conditioned upon such engineering and institutional controls being effective, properly maintained, and remaining in place. If applicable, the following statement shall be included: “If the real property owner proposes to remove the institutional controls or engineering controls, the real property owner shall obtain prior written approval from the Department. The removal of the controls shall be accompanied by the immediate resumption of site rehabilitation, or implementation of other approved controls, unless it is demonstrated to the Department that the criteria of subsection 62-780.680(1), F.A.C., are met;” and,

(h) A statement that the Site Rehabilitation Completion Order is subject to specific statutory re-openers and a listing of those re-openers found in section 376.30701(4), F.S.

(8) Prior to the Department’s approval of a No Further Action Proposal with institutional controls or with institutional and engineering controls or alternative CTLs, the PRSR shall provide notice of the Department’s intent for such approval in accordance with subsection 62-780.220(7), F.A.C.

(9) The Site Rehabilitation Completion Order shall constitute final agency action regarding cleanup activities at the site.

Editorial Note: Portions of this rule were copied from rule 62-770.680; 62-782.680; and 62-785.680, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.061, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended 6-12-13, 2-4-14, 2-2-17.

Fla. Admin. Code R. 62-780.690 Natural Attenuation Monitoring

(1) Natural Attenuation Monitoring and long-term natural attenuation monitoring are allowable strategies for site rehabilitation depending on the individual site characteristics, provided human health, public safety, and the environment are protected. The individual site characteristics may include the current and projected use of the affected groundwater and surface water in the vicinity of the site, the current and projected land use of the area affected by the contamination, the exposed population, the location of the plume, the degree and extent of contamination, the rate of migration of the plume, the apparent or potential rate of degradation of contaminants through natural attenuation, and the potential for further migration in relation to the site’s property boundary. Fate and transport models as defined in rule 62-780.610, F.A.C., may be utilized to support the appropriateness of natural attenuation monitoring. Natural attenuation monitoring is allowable provided the following criteria are met:

(a) Free product is not present or free product removal is not technologically feasible and no fire or explosive hazard exists as a result of a release of non-aqueous phase liquids;

(b) Contaminated soil is not present in the unsaturated zone, except that applicable leachability-based soil CTLs may be exceeded if it is demonstrated to the Department that the soil does not constitute a continuing source of contamination to the groundwater at concentrations that pose a threat to human health, public safety, and the environment, and it is demonstrated that the rate of natural attenuation of contaminants in the groundwater exceeds the rate at which contaminants are leaching from the soil. The determination shall be based upon individual site characteristics and demonstrated by USEPA Test Method 1312 (SPLP), or USEPA Test Method 1311 (TCLP) if the contamination is derived from used oil or similar petroleum products, followed by the appropriate analyses of the leachate, and based upon groundwater modeling, site stratigraphy, or site assessment results;

(c) Contaminants present in the groundwater above background concentrations or applicable CTLs are not migrating beyond the temporary point of compliance or migrating vertically, which may contaminate other aquifers or surface water resources or result in increased site rehabilitation time;

(d) The physical, chemical or biological characteristics of each contaminant and its transformation product(s) are conducive to natural attenuation;

(e) The available data show an overall decrease in the contamination; and,

(f) One of the following is met:

1. The site is anticipated to meet the applicable No Further Action criteria of Rule 62-780.680, F.A.C., as a result of natural attenuation, the background concentrations or the applicable CTLs are not exceeded at the temporary point of compliance as established pursuant to subsection 62-780.690(2) or 62-780.690(3), F.A.C., and contaminant concentrations do not exceed the criteria specified in chapter 62-777, F.A.C., Table V, or

2. If the criteria of subparagraph 62-780.690(1)(f)1., F.A.C., are not met, the appropriateness of natural attenuation monitoring may be demonstrated by the following:

a. A technical evaluation of groundwater and soil characteristics, chemistry, and biological activity that verifies that the contaminants have the capacity to degrade under the site-specific conditions. A listing of the site-specific conditions and geochemical parameters, as applicable, is provided in chapter 62-777, F.A.C., Table IV,

b. A scientific evaluation (historical data or modeling results, as appropriate; the model used shall be demonstrated to be appropriate for the site conditions) of the plume migration in relation to the temporary point of compliance as established pursuant to subsection 62-780.690(2) or 62-780.690(3), F.A.C., an estimation of expected annual reductions in contaminant concentrations in monitoring wells, and an estimation of the time required to meet the applicable No Further Action criteria of rule 62-780.680, F.A.C. Available technical information (including historical water quality data) shall be used for model calibration; and,

c. A life-cycle cost analysis of remedial alternatives.

(2) Provided human health, public safety, and the environment are protected, the point of compliance may be temporarily moved from the source of the contamination.

(a) The location of the temporary point of compliance shall be based on the individual site characteristics listed in subsection 62-780.690(1), F.A.C.

(b) The point of compliance may be temporarily moved to the property boundary, or to the edge of the plume when the plume is within the property boundary, while cleanup, including cleanup through natural attenuation processes in conjunction with appropriate monitoring, is proceeding.

(c) The temporary point of compliance may extend beyond the property boundary when accompanied by monitoring, if such extension is needed to facilitate monitoring of natural attenuation or to address the current conditions of the plume, provided human health, public safety, and the environment are protected. If the point of compliance is proposed to be temporarily extended beyond the property boundary, it cannot be extended further than the lateral extent of the plume at the time of execution of a CAD, if known, or the lateral extent of the plume as defined at the time of the approved site assessment. Prior to the Department authorizing a temporary extension of the point of compliance beyond the property boundary, the PRSR shall provide notice and an opportunity to comment pursuant to subsection 62-780.220(3), F.A.C.

(d) Pursuant to subsection 62-780.220(4), F.A.C., additional notice concerning the status of the natural attenuation processes shall be similarly provided every five years to persons receiving notice pursuant to paragraph 62-780.690(2)(c), F.A.C.

(3) Where surface water is or may be exposed to contaminated groundwater (based on monitoring well data, groundwater flow rate and direction, or fate and transport modeling), the point of measuring compliance with the surface water standards shall be in the groundwater from the landward side immediately adjacent to the surface water body. For cleanups being conducted pursuant to section 376.30701(2), F.S., (including petroleum contamination sites being addressed pursuant to section 376.3071, F.S., that are not eligible for state-funded site rehabilitation, if the PRSR elects) or section 376.81(1), F.S., such measurement is not necessary if it has been demonstrated, based on site assessment data provided in accordance with rule 62-780.600, F.A.C., that the contaminants do not cause or contribute to the exceedance of applicable surface water quality criteria.

(4) If the criteria of subsection 62-780.690(1), F.A.C., are met, a Natural Attenuation with Monitoring Plan, prepared pursuant to subsection 62-780.690(8), F.A.C., may be submitted. Unless the Natural Attenuation with Monitoring Plan is included in a Site Assessment Report pursuant to subparagraph 62-780.600(8)(b)2., F.A.C., or in a Risk Assessment Report pursuant to paragraph 62-780.650(4)(b), F.A.C., the PRSR shall submit to the Department for review an electronic or paper copy of the Natural Attenuation Monitoring Plan.

(5) The Department shall:

(a) Provide the PRSR with written approval of the Natural Attenuation Monitoring Plan, or

(b) Notify the PRSR in writing, stating the reason(s) why the Natural Attenuation Monitoring Plan does not contain information adequate to support the conclusion that the applicable Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C., have been met.

(6) If the Natural Attenuation Monitoring Plan is incomplete in any respect, or is insufficient to satisfy the criteria of subsection 62-780.690(1), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.690(5)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised Natural Attenuation Monitoring Plan that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall, as appropriate, continue the implementation of the approved Remedial Action Plan or submit to the Department for review an electronic or paper copy of a Remedial Action Plan pursuant to rule 62-780.700, F.A.C., within 60 days after receipt of the notice.

(7) If the Natural Attenuation Monitoring Plan meets the criteria of subsection 62-780.690(1), F.A.C., a Natural Attenuation Monitoring Plan approval shall be issued. The objective of the monitoring program shall be to meet the applicable No Further Action criteria of rule 62-780.680, F.A.C.

(8) The monitoring program shall be performed as specified in the Natural Attenuation Monitoring Plan approval, as follows:

(a) A minimum of two monitoring wells is required:

1. At least one well shall be located at the downgradient edge of the plume; and,

2. At least one well shall be located in the area(s) of highest groundwater contamination or directly adjacent to it if the area of highest groundwater contamination is inaccessible (for example, under a structure).

(b) The designated monitoring wells shall be sampled for analyses of applicable contaminants as specified in the Natural Attenuation Monitoring Plan approval but no more frequent than quarterly;

(c) Water-level measurements in all designated wells and piezometers shall be made within 24 hours of initiating each sampling event;

(d) Within the time frames specified in Table A or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of a Natural Attenuation Monitoring Report. The report shall include the analytical results (laboratory report), chain of custody record form [Form 62-780.900(2) or an equivalent chain of custody form that includes all the items required by Form 62-780.900(2)], the tables required pursuant to subparagraph 62-780.600(8)(a)27., F.A.C., updated as applicable, site maps that illustrate the analytical results, and the water-level elevation information (summary table and flow map);

(e) If analyses of groundwater samples indicate that concentrations of applicable contaminants exceed any action levels specified in the Natural Attenuation Monitoring Plan approval, then the monitoring report referenced in paragraph 62-780.690(8)(d), F.A.C., shall be signed and sealed by an appropriate registered professional pursuant to rule 62-780.400, F.A.C., and shall include a proposal to:

1. Perform a supplemental site assessment and submit a supplemental Site Assessment Report pursuant to rule 62-780.600, F.A.C.,

2. Continue the implementation of the approved Natural Attenuation Monitoring Plan,

3. Prepare and submit a Remedial Action Plan pursuant to rule 62-780.700, F.A.C., or

4. Other proposal as authorized by this rule chapter.

(f) As specified in the approved Natural Attenuation Monitoring Plan, the analytical data shall be evaluated in reference to the expected reductions in contaminant concentrations in monitoring wells pursuant to subparagraph 62-780.690(1)(f)1., F.A.C., or sub-subparagraph 62-780.690(1)(f)2.b., F.A.C., as applicable, to verify progress of site rehabilitation by natural attenuation. If the rate of expected cleanup progress is not achieved, then the monitoring report referenced in paragraph 62-780.690(8)(d), F.A.C., shall be signed and sealed by an appropriate registered professional pursuant to rule 62-780.400, F.A.C., and shall include a proposal to:

1. Perform a supplemental site assessment and submit a supplemental Site Assessment Report pursuant to rule 62-780.600, F.A.C.,

2. Continue the implementation of the approved Natural Attenuation Monitoring Plan,

3. Prepare and submit a Remedial Action Plan pursuant to rule 62-780.700, F.A.C., or

4. Other proposal as authorized by this rule chapter; and,

(g) If natural attenuation monitoring follows site assessment, a minimum of two sampling events is required and site rehabilitation shall be considered complete when the No Further Action criteria of subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., have been met for two consecutive sampling events. If natural attenuation monitoring follows active remediation, a minimum of four sampling events is required and site rehabilitation shall be considered complete when the No Further Action criteria of subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., have been met for at least the last two sampling events. If soil contamination was present at the beginning of the monitoring program, prior to submitting the Site Rehabilitation Completion Report soil samples shall be collected at appropriate locations and depths and analyzed for the applicable contaminants to demonstrate to the Department that applicable soil CTLs are met.

(9) If during implementation of the Natural Attenuation Monitoring Plan the PRSR submits to the Department for review a Remedial Action Plan pursuant to subsection 62-780.700(6), F.A.C., to enhance natural attenuation processes, and the Remedial Action Plan is approved, natural attenuation monitoring shall be suspended during the implementation of the enhancement and the PRSR shall perform active remediation monitoring pursuant to the approved Remedial Action Plan.

(10) When Natural Attenuation Monitoring is considered complete pursuant to paragraph 62-780.690(8)(g), F.A.C., within the time frames specified in Table A or the CAD the PRSR shall submit to the Department for review an electronic or paper copy of a Site Rehabilitation Completion Report with a No Further Action Proposal. The Site Rehabilitation Completion Report shall include the documentation required in paragraph 62-780.690(8)(d), F.A.C., to support the opinion that site cleanup objectives have been achieved.

(11) The Department shall:

(a) Provide the PRSR with a Site Rehabilitation Completion Order as referenced in subsection 62-780.680(7), F.A.C., that approves the Site Rehabilitation Completion Report with the No Further Action Proposal, or

(b) Notify the PRSR in writing, stating the reason(s) why the Site Rehabilitation Completion Report does not contain information adequate to support the opinion that cleanup objectives have been achieved. Site rehabilitation activities shall not be deemed complete until such time as a Site Rehabilitation Completion Report with a No Further Action Proposal is approved.

(12) If the Site Rehabilitation Completion Report is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62-780.690(10), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.690(11)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised Site Rehabilitation Completion Report that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall resume the implementation of the approved Natural Attenuation Monitoring Plan within 30 days after receipt of the notice.

(13) For brownfield sites, the Site Rehabilitation Completion Order shall contain the following statement, as applicable: “Based upon the information provided by (real property owner) concerning property located at (insert address), it is the opinion of the Florida Department of Environmental Protection that (party) has successfully and satisfactorily implemented the approved brownfield site rehabilitation agreement schedule and, accordingly, no further action is required to assure that any land use identified in the brownfield site rehabilitation agreement is consistent with existing and proposed uses. If the real property owner proposes to remove the institutional or engineering controls, the real property owner shall obtain prior approval from the Department. The removal of the controls shall be accompanied by the immediate resumption of site rehabilitation, or implementation of other approved controls, unless the criteria of subsection 62-780.680(1), F.A.C., are met.”

(14) The Site Rehabilitation Completion Order shall constitute final agency action regarding cleanup activities at the site.

Editorial Note: Portions of this rule were copied from rule 62-770.690; 62-782.690; and 62-785.690, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.061, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended 6-12-13, 2-2-17.

Fla. Admin. Code R. 62-780.700 Active Remediation

(1) If the conditions at a site do not satisfy the No Further Action criteria of rule 62-780.680, F.A.C., or the Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C., within the time frames specified in Table A, located at the end of rule 62-780.900, F.A.C., or the CAD, the PRSR shall prepare and submit to the Department for review an electronic or paper copy of a Remedial Action Plan. The Remedial Action Plan shall be prepared pursuant to this rule and shall contain all of the information required herein. The objective of the active remediation shall be to meet the applicable No Further Action criteria of rule 62-780.680, F.A.C., or the Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C. The Remedial Action Plan shall provide a design that addresses cleanup of all contaminated soil, sediment, groundwater, or surface water as a result of the discharge for which the PRSR is conducting site rehabilitation. Additionally, if the Remedial Action Plan addresses contamination that has migrated into any medium beyond the boundary of the source property (i.e., the location from which the contamination is emanating), then the point of compliance may be temporarily extended beyond the property boundary with appropriate monitoring, if such extension is needed to address the current conditions of the plume, provided human health, public safety, and the environment are protected. If the point of compliance is proposed to be temporarily extended beyond the property boundary, it cannot be extended further than the lateral extent of the plume at the time of execution of a CAD, if known, or the lateral extent of the plume as defined at the time of the approved site assessment. Prior to the Department authorizing a temporary extension of the point of compliance beyond the property boundary, the PRSR shall provide notice and an opportunity to comment pursuant to subsection 62-780.220(3), F.A.C.

(2) Prior to performing any pilot study, within the time frames specified in Table A or the CAD the PRSR shall submit to the Department for review an electronic or paper copy of a Pilot Study Work Plan to determine the need for any applicable Department permits or authorizations (for example, underground injection control, National Pollutant Discharge Elimination System, or air emissions), and to ensure that human health and the environment are adequately protected. The Department shall:

(a) Provide the PRSR with written approval of the Pilot Study Work Plan, or

(b) Notify the PRSR in writing, stating the reason(s) why the Pilot Study Work Plan does not contain information adequate to support the conclusion that the pilot study will comply with all applicable requirements of subsection 62-780.700(2), F.A.C.

(3) The Remedial Action Plan shall:

(a) Include all applicable information required by subsection 62-780.300(2), F.A.C.;

(b) Summarize the Site Assessment Report conclusions and any additional data obtained since its submittal to the Department;

(c) If groundwater contamination is present, include results from a round of groundwater sampling and analyses from a number of monitoring wells adequate to determine the highest concentrations of contaminants, to verify the horizontal and vertical extent of the plume, and to provide design data for the Remedial Action Plan. If the latest analytical data were obtained greater than 270 days prior to submittal of the Remedial Action Plan then a confirmatory round of sampling and analyses is required. If the results from the confirmatory round of sampling contradict earlier results, then the applicable site assessment tasks specified in rule 62-780.600, F.A.C., shall be performed to evaluate the current site conditions;

(d) Explain the rationale for the active remediation methods selected, which shall include at a minimum:

1. Results from any pilot studies or bench tests; and,

2. Results of an evaluation of remedial alternatives (including source removal), and a discussion of why other remedial alternatives considered were rejected, based on the following criteria:

a. Long-term and short-term human health and environmental effects,

b. Implementability, which may include ease of construction, site access, and necessity for permits,

c. Operation and maintenance requirements,

d. Reliability,

e. Feasibility,

f. Estimated time required to achieve cleanup; and,

g. Cost-effectiveness of installation, operation, and maintenance, when compared to other site remediation alternatives;

(e) Include an evaluation of the known production of breakdown contaminants or by-products resulting from bioremediation, oxidation, or other natural processes, as applicable;

(f) Summarize the design, construction details, and operational details of the equipment to be used during active remediation, including, if applicable:

1. The disposition of any effluent,

2. The expected concentrations of contaminants in the effluent,

3. The method of air emissions treatment and the expected quantities in pounds per day of any contaminants discharged into air as a result of all the on-site active remediation systems. A separate air permit will not be required if the total air emissions from all the on-site remediation equipment system(s) do not exceed 5.5 lbs/day for any single Hazardous Air Pollutant (HAP) or 13.7 pounds per day for total HAPs. For on-site remediation equipment system(s) located at a facility that is a Title V source pursuant to chapter 62-213, F.A.C., a separate permit pursuant to that chapter may be required,

4. The rates of application and concentrations of any in situ chemical or biological enhancement technologies implemented; and,

5. The schedule for maintenance and monitoring of the remediation system.

(g) If groundwater contamination is present:

1. For remedial systems that include groundwater recovery, include a list of contaminants to be monitored in the recovery well(s) and in the effluent from the treatment system (based on the type of treatment employed and disposition of the effluent), the designation of recovery well(s) to be sampled, and a proposal for their sampling frequency. Contaminants that do not exceed the background concentrations or the applicable CTLs in samples from the recovery wells for two consecutive sampling events with a sampling frequency not less than quarterly may be excluded from subsequent monitoring events,

2. Include a list of contaminants to be monitored, the designation of a representative number of monitoring wells and, if applicable, surface water bodies to be sampled, and a proposal for their sampling frequency adequate to monitor the cleanup progress during active remediation, and the description of the methodology proposed to evaluate the effectiveness and efficiency of the remediation system. The designated wells shall include at least one well located at the downgradient edge of the plume and one well in the area of maximum groundwater contamination or directly adjacent to it if the area of highest groundwater contamination is inaccessible (for example, under a structure). For cleanups expected to last greater than two years, wells shall be sampled quarterly for the first year and semiannually thereafter. For cleanups expected to last less than two years, wells shall be sampled quarterly. For all cleanups, an alternative sampling frequency can be approved based upon site-specific conditions. A reporting frequency should be established that is sufficient to evaluate the progress of the cleanup and a single report can be used to summarize multiple sampling events, as approved based upon site-specific conditions,

3. Include a list of contaminants to be monitored and the designation of a representative number of currently and previously contaminated monitoring wells that shall be sampled once a year during active remediation in order to redefine the plume and fully evaluate the effectiveness and efficiency of the remediation system; and,

4. Include the designation of a representative number of monitoring wells, piezometers, and, if applicable, staff gauge locations to collect water-level data each time groundwater samples are collected; and,

(h) Provide the details of any proposed treatment or disposition of contaminated soil or sediment. If contaminated soil exists at the site and active remediation does not include treatment or removal of such soil, the Remedial Action Plan shall include a proposal to implement an institutional control or both an institutional and an engineering control, pursuant to subsection 62-780.680(2) or 62-780.680(3), F.A.C., unless only leachability-based soil CTLs are exceeded and the site is expected to meet the criteria for Natural Attenuation Monitoring after active remediation has been implemented.

(4) Other requirements to be included in the Remedial Action Plan, if applicable, include the following:

(a) Vacuum extraction systems shall be equipped with a means of air emissions treatment for at least the first 30 days of system operation. Air emissions treatment may be discontinued after the first 30 days of system operation if the total air emissions from all the on-site remediation equipment system(s) do not exceed 5.5 lbs/day for any single HAP or 13.7 pounds per day for total HAPs;

(b) Bioventing systems shall be equipped with a means of air emissions treatment unless the Remedial Action Plan design is based on respiration rates and optimum air flow that result in soil remediation primarily by bioremediation with minimal volatilization of contaminants. This objective shall be confirmed by emissions sampling during startup;

(c) In situ air sparging systems shall be designed and operated in conjunction with air emissions treatment system(s) unless the Remedial Action Plan design is based on sparging rates and optimum air flow with minimal volatilization of contaminants. This objective shall be confirmed by emissions sampling during startup. If a vacuum extraction system is used, the vacuum extraction system shall operate at an air flow rate at least 50% greater than the sparging air flow rate, and the vacuum extraction system shall be provided with air emissions control as described in paragraph 62-780.700(4)(a), F.A.C.;

(d) Biosparging systems shall be equipped with a means of air emissions control unless the Remedial Action Plan design is based on the optimum air sparging rates that promote biological activity with minimal volatilization of contaminants. This objective shall be confirmed by emissions sampling during startup;

(e) Multi-phase extraction systems shall be equipped with a means of air emissions treatment for at least the first 30 days of system operation. Air emissions treatment may be discontinued after the first 30 days of system operation if the total air emissions from all the on-site remediation equipment system(s) do not exceed 5.5 lbs/day for any single HAP or 13.7 pounds per day for total HAPs; and,

(f) A sampling and reporting schedule shall be specified for monitoring vacuum extraction systems, in situ sparging, bioremediation, or other in situ means of remediation of soil and groundwater. The reporting schedule should reflect the overall requirements of the Remedial Action Plan and, as appropriate and approved in the Remedial Action Plan, multiple sampling events can be combined in a single report.

(5) The Remedial Action Plan may propose active remediation followed by natural attenuation with monitoring. The active remediation may consist solely of soil remediation, short-term or intermittent groundwater remediation, other remedial enhancements, or combinations of these. The discontinuation of active remediation may be appropriate at any time depending on the site-specific characteristics and conditions. The Remedial Action Plan shall include a discussion of when the active remediation will be discontinued. If the PRSR chooses to utilize the provisions of this subsection, natural attenuation monitoring shall be performed pursuant to subsection 62-780.690(8), F.A.C., when the Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C., have been met.

(6) The Remedial Action Plan may propose the use of new and innovative technologies or approaches to meet the No Further Action criteria of rule 62-780.680, F.A.C., or the Natural Attenuation with Monitoring criteria of rule 62-780.690, F.A.C. The Remedial Action Plan shall include a demonstration that the proposed technology or approach meets the criteria of subsections 62-780.700(1)-(5), F.A.C. These technologies or approaches may include low-cost enhancements to natural attenuation. Natural attenuation with monitoring shall be suspended during the implementation of the enhancement, pursuant to subsection 62-780.690(9), F.A.C.

(7) The Department shall:

(a) Provide the PRSR with a Remedial Action Plan Approval Order approving the Remedial Action Plan, or

(b) Notify the PRSR in writing, stating:

1. The reason(s) why the Remedial Action Plan does not contain information adequate to support the conclusion that the active remediation objectives will comply with all applicable requirements of rule 62-780.700, F.A.C., or

2. The reason(s) why the proposal, plan, or recommendation included in the Remedial Action Plan is not supported by the applicable criteria.

(8) If the Remedial Action Plan is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62-780.700(3), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.700(7)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a Remedial Action Plan Addendum that addresses the deficiencies within 60 days after receipt of the notice.

(9) Prior to implementation of the Remedial Action Plan, the PRSR shall obtain all applicable Department permits or authorizations required for site rehabilitation activities (for example, separate permits for underground injection control, National Pollutant Discharge Elimination System, or air emissions), if not included in the Remedial Action Plan approval. The PRSR is advised that other federal or local laws and regulations may apply to these activities.

(10) Within the time frames specified in Table A or the CAD, an electronic or paper copy engineering drawings (As-Built Drawings) for installed mechanical remediation systems and associated structures (e.g., slurry wall, permeable reactive barrier) shall be submitted by the PRSR to the Department. The engineering drawings shall include all construction and equipment design specifications of the installed active remediation system(s) and any operational parameters different from those in the approved Remedial Action Plan. A summary of the system(s) startup activities shall be attached to the engineering drawings. For other types of remedial action including episodic treatment with mobile equipment, injection of chemical or biological remediation products, or contaminated soil excavation, revised site figures shall be provided indicating placement of remediation wells, injection wells, or boundaries of excavation.

(11) Within the time frames specified in Table A or the CAD, the operation of the active remediation system(s) shall be initiated unless, after the exercise of reasonable diligence, applicable permits required pursuant to subsection 62-780.700(9), F.A.C., have not been obtained. The following shall be obtained or determined during active remediation at the specified frequencies and turnaround times, as applicable, unless otherwise provided in the approved Remedial Action Plan:

(a) Water-level data collected from all designated wells, piezometers, and staff gauge locations each time monitoring wells and recovery wells are sampled (water-level measurements shall be made within a 24-hour period). If water-level data or operational parameters remain unchanged, the PRSR may propose, pursuant to paragraph 62-780.700(14)(b), F.A.C., that the requirement be modified or discontinued;

(b) Total volume of free product recovered and the thickness and horizontal extent of free product during the reporting period until free product recovery is completed;

(c) Total volume of groundwater recovered from each recovery well during each month of the operating period for the first year, and quarterly thereafter or at an alternative frequency as proposed in the approved Remedial Action Plan;

(d) Concentrations of applicable contaminants based on analyses performed on the effluent from the groundwater treatment system, daily for the first three days with a 24-hour turnaround on analytical results of the samples collected the first two days, weekly for the next three weeks, monthly for the next two months, quarterly for the next two years, and semiannually thereafter or at an alternative frequency as proposed in the approved Remedial Action Plan;

(e) Concentrations of applicable contaminants based on analyses performed on the untreated groundwater from the selected individual recovery well(s), as proposed in the approved Remedial Action Plan, weekly for the first month, monthly for the next two months, quarterly for the next two years, and semiannually thereafter or at an alternative frequency as proposed in the approved Remedial Action Plan. Sampling of groundwater from individual multi-phase extraction wells to evaluate the performance of the recovery and treatment system shall be performed as necessary; as approved in the Remedial Action Plan;

(f) Analytical data from all monitoring wells sampled during the remediation year to monitor rehabilitation progress during active remediation, including all applicable information required by subsection 62-780.300(2), F.A.C.;

(g) Operational parameters for in situ system(s), which include measurements of biological, chemical, or physical indicators that will verify radius of influence at representative monitoring locations, weekly for the first month, monthly for the next two months, quarterly for the first two years, and semiannually thereafter. If a demonstration is provided to the Department that operational parameters remain unchanged, the PRSR may propose, pursuant to paragraph 62-780.700(14)(b), F.A.C., that the monitoring be modified or discontinued;

(h) Operational parameters for bioremediation system(s), including measurements of dissolved oxygen at representative monitoring locations; rates of biological, chemical, or nutrient enhancement additions; and any other indicators of biological activity as proposed in the approved Remedial Action Plan; weekly for the first month, monthly for the next two months, and quarterly thereafter or at an alternative frequency as proposed in the approved Remedial Action Plan. If a demonstration is provided to the Department that operational parameters remain unchanged, the PRSR may propose, pursuant to paragraph 62-780.700(14)(b), F.A.C., that the monitoring be modified or discontinued;

(i) Concentrations of recovered vapors from a vacuum extraction system, and post-treatment air emissions if air emissions treatment is provided, weekly for the first month, monthly for the next two months, and quarterly thereafter or at an alternative frequency as proposed in the approved Remedial Action Plan (if applicable air quality standards are not exceeded for two consecutive monthly or quarterly sampling events, the PRSR may submit to the Department for review a proposal for a different sampling frequency; for activated carbon off-gas treatment, additional sampling events may be performed based on the estimated time of breakthrough), as follows:

1. Concentrations of recovered vapors from individual wells shall be determined using an organic vapor analyzer with a flame ionization detector, or other applicable field detection device, in order to optimize the airflow rate and contaminant recovery,

2. Influent and effluent samples shall be collected using appropriate air sampling protocols and shall be analyzed for contaminants using an appropriate analytical method referenced in the approved Remedial Action Plan.

(j) Percentage of system operation time and the treatment efficiency for all operating treatment systems, including the dates when the site was visited and whether the system was operating upon arrival at the site and upon departure from the site; and,

(k) Results of analyses of soil samples taken to verify that the applicable No Further Action criteria of rule 62-780.680, F.A.C., or the applicable Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C., have been met, based on one of the following:

1. When both field screening and laboratory results using the most sensitive method for the constituents being analyzed for vacuum extraction systems indicate no detectable concentrations of contaminants in the recovered vapors,

2. When the screening for bioventing parameters indicates that the bioventing is complete, or

3. If alternative soil CTLs were established pursuant to rule 62-780.650, F.A.C., when system performance or monitoring using the applicable analytical methods for the appropriate constituents indicate that the alternative soil CTLs have been achieved.

(12) During implementation of the Remedial Action Plan, within the time frames specified in Table A or the CAD the PRSR shall submit to the Department for review an electronic or paper copy of status reports of remedial action. The Remedial Action Status Report shall contain the following, as applicable:

(a) A summary of the data requested in paragraphs 62-780.700(11)(a)-(k), F.A.C.;

(b) All applicable information required by subsection 62-780.300(2), F.A.C.;

(c) A summary of the estimated mass of contaminants recovered in all phases, including free product, dissolved, and vapor phases, by all the on-site remediation equipment;

(d) One or more scaled site maps that shows groundwater flow direction(s), and the current degree and extent of the contamination;

(e) Conclusions as to the effectiveness of the active remediation for the specified period covered in the status report; and,

(f) Recommendations to continue or discontinue the operation of the treatment system(s) or to modify the site rehabilitation including switching to Natural Attenuation Monitoring in accordance with rule 62-780.690, F.A.C.

(13) If effluent concentrations or air concentrations exceed those in the approved Remedial Action Plan, or plume migration occurs during remediation system startup or during operation of the treatment system(s), corrective actions shall be taken and the Department shall be notified by the PRSR within seven days. If the condition may represent an imminent threat to human health, public safety, or the environment, the Department shall be notified within 24 hours. Details of all such incidents shall be included in the status report described in subsection 62-780.700(12), F.A.C.

(14) At any time during implementation of the Remedial Action Plan, the PRSR may propose and justify:

(a) Supplemental assessment to determine alternative CTLs pursuant to rule 62-780.650, F.A.C.;

(b) Modifications to existing treatment or recovery system(s), or modifications or discontinuation of requirements outlined in the remedial action status report prepared pursuant to subsection 62-780.700(12), F.A.C.;

(c) Innovative technologies pursuant to subsection 62-780.700(6), F.A.C., or other alternative technologies or approaches, or

(d) Discontinuation of active remediation and commencement of Natural Attenuation Monitoring. The proposal shall include a Natural Attenuation with Monitoring Plan pursuant to subsection 62-780.690(4), F.A.C.

(15) The Department shall:

(a) Provide the PRSR with written approval of the proposal, or

(b) Notify the PRSR in writing, stating the reason(s) why the proposal does not contain information adequate to comply with applicable requirements of subsection 62-780.700(14), F.A.C.

(16) If the proposal is incomplete in any respect, or is insufficient to satisfy the applicable requirements of subsection 62-780.700(14), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.700(15)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised Natural Attenuation Monitoring Plan or other proposal pursuant to paragraphs 62-780.700(14)(a)-(c), F.A.C., that addresses the deficiencies, within 60 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall continue the implementation of the approved Remedial Action Plan within 30 days after receipt of the notice.

(17) Active remediation shall be deemed complete when the No Further Action criteria of subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., have been met, or may be deemed complete when the Natural Attenuation with Monitoring criteria of rule 62-780.690, F.A.C., have been met.

(18) For sites conducting active groundwater remediation, if the site does not meet the No Further Action criteria of subsection 62-780.680(1), F.A.C., or the Natural Attenuation Monitoring criteria of rule 62-780.690, F.A.C., the PRSR may submit to the Department for review an electronic or paper copy of a proposal to discontinue active groundwater remediation, provided the following demonstration and analyses are met:

(a) Contaminated soil has been properly removed and disposed, or treated in situ, so that the applicable soil CTLs are met or addressed by the enactment and implementation of institutional controls or both institutional and engineering controls;

(b) After a minimum of one year of groundwater treatment, concentrations of contaminants in designated monitoring wells and recovery wells have leveled off. This demonstration shall be based on subsequent monthly sampling results obtained for a minimum of 180 days, unless an alternative frequency has been approved in the Remedial Action Plan or pursuant to subsection 62-780.700(14), F.A.C. “Leveling off” shall mean that the graph of contaminant concentrations versus time generally fits a curve defined by the equation C=Cf+Coe-kt, that the lower limb of the curve is substantially linear, and that the slope of the final portion of the curve approaches zero. Applicable statistical methods shall be applied to demonstrate this conclusion. In the preceding equation, symbols are defined as follows:

1. C: concentration of the applicable contaminant at time t,

2. Cf: coefficient representing final concentration that the curve approaches asymptotically,

3. Co: coefficient representing concentration difference between the final concentration and the concentration at time zero,

4. e: 2.718, the base of natural logarithms,

5. k: coefficient representing the exponential factor that indicates how fast the concentration approaches Cf;

6. t: time in days from some fixed starting point.

(c) An analysis or demonstration has been made of:

1. The technical feasibility of enhancements to the existing remediation system,

2. The technical feasibility of other proven groundwater or soil treatment techniques to further reduce the concentrations of applicable contaminants at the site,

3. The costs and time frames involved to further reduce the concentrations of applicable contaminants employing the alternative method(s) proposed,

4. The effects on the designated or potential use of the water resource if contaminants remain at existing concentrations,

5. The effect on, and any protection that may be required of, surface water resources,

6. The effect on human health, public safety, and the environment if contaminants remain at existing concentrations,

7. The extent and potential for further migration of contaminated groundwater above background concentrations or applicable CTLs; and,

8. Institutional controls or both institutional and engineering controls that may be necessary to ensure protection of the public and the environment from future use of contaminated groundwater.

(19) If a demonstration pursuant to subsection 62-780.700(18), F.A.C., was completed, the PRSR shall compile the results of the demonstration and analyses described in paragraphs 62-780.700(18)(a)-(c), F.A.C., in a report and shall submit an electronic or paper copy of the report to the Department for review within the time frames of Table A or the CAD. The Department shall determine, using the criteria specified in paragraph 62-780.700(18)(c), F.A.C., whether modifications to the Remedial Action Plan are required pursuant to subsection 62-780.700(14), F.A.C., to effect further treatment; however, if alternative methods are not required, active remediation shall be deemed complete.

(20) When the No Further Action criteria of subsection 62-780.680(1), F.A.C., the site-specific alternative cleanup target levels, or the leveling off criteria of subsection 62-780.700(18), F.A.C., have been met, an electronic or paper copy of a Post Active Remediation Monitoring Plan prepared pursuant to the Post Active Remediation Monitoring criteria described in rule 62-780.750, F.A.C., shall be submitted by the PRSR to the Department for review (unless the Department has concurred that Post Active Remediation Monitoring of groundwater is unnecessary based on the site-specific conditions). If the Department agrees that groundwater sampling is unnecessary and the site meets the No Further Action criteria of subsection 62-780.680(1), 62-780.680(2) or 62-780.680(3), F.A.C., a Site Rehabilitation Completion Order shall be issued as referenced in subsection 62-780.680(7), F.A.C.

Editorial Note: Portions of this rule were copied from rule 62-770.700, Formerly 17-70.010 and Formerly 17-770.700; 62-782.700; and 62-785.700, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended 6-12-13, 2-2-17.

Fla. Admin. Code R. 62-780.750 Post Active Remediation Monitoring

(1) Post active remediation groundwater monitoring shall be performed following the completion of active groundwater remediation or soil remediation as described in rule 62-780.700, F.A.C., unless the Department has concurred that groundwater sampling is unnecessary based on the site-specific conditions or the site rehabilitation is continuing under Natural Attenuation Monitoring pursuant to rule 62-780.690, F.A.C. When active groundwater remediation has met the No Further Action criteria of subsection 62-780.680(1), F.A.C., the site-specific alternative cleanup target levels, or the leveling off criteria of subsection 62-780.700(18), F.A.C., an electronic or paper copy of a Post Active Remediation Monitoring Plan prepared pursuant to the provisions of subsection 62-780.750(4), F.A.C., and including analytical results demonstrating this conclusion, shall be submitted by the PRSR to the Department for review.

(2) The Department shall:

(a) Provide the PRSR with written approval of the Post Active Remediation Monitoring Plan, or

(b) Notify the PRSR in writing, stating the reason(s) why the Post Active Remediation Monitoring Plan does not contain information adequate to support the conclusion that the applicable Post Active Remediation Monitoring criteria of rule 62-780.750, F.A.C., have been met.

(3) If the Post Active Remediation Monitoring Plan is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62-780.750(1), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.750(2)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised Post Active Remediation Monitoring Plan that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall resume the implementation of the approved Remedial Action Plan within 30 days after receipt of the notice.

(4) The monitoring program shall be performed as specified in the Post Active Remediation Monitoring Plan approval, as follows:

(a) A minimum of two monitoring wells is required:

1. At least one well shall be located at the downgradient edge of the plume; and,

2. At least one well shall be located in the area(s) of highest groundwater contamination or directly adjacent to it if the area of highest groundwater contamination is inaccessible (for example, under a structure).

(b) The designated monitoring wells shall be sampled quarterly, or at a frequency specified in the Post Active Remediation Monitoring Plan approval, for analyses of contaminants that were present prior to the initiation of active remediation;

(c) Water-level measurements in all designated wells and piezometers shall be made within 24 hours of initiating each sampling event;

(d) Within the time frames specified in Table A, located at the end of rule 62-780.900, F.A.C., or the CAD, the PRSR shall submit to the Department for review an electronic or paper copy of a Post Active Remediation Monitoring Report. The report shall include the analytical results (laboratory report), chain of custody record form [Form 62-780.900(2) or an equivalent chain of custody form that includes all the items required by Form 62-780.900(2)], the tables required pursuant to subparagraph 62-780.600(8)(a)27., F.A.C., updated as applicable, site maps that illustrate the analytical results, and the water-level elevation information (summary table and flow map);

(e) If analyses of groundwater samples indicate that concentrations of applicable contaminants exceed any action levels specified in the Post Active Remediation Monitoring Plan approval, the well or wells shall be resampled no later than 30 days after the initial positive result is known. If the results of the resampling confirm that the applicable action levels are exceeded, then the monitoring report described in paragraph 62-780.750(4)(d), F.A.C., shall be signed and sealed by an appropriate registered professional pursuant to rule 62-780.400, F.A.C., and shall include a proposal to:

1. Perform a supplemental site assessment and submit a supplemental Site Assessment Report pursuant to Rule 62-780.600, F.A.C.,

2. Continue the implementation of the approved Post Active Remediation Monitoring Plan, or

3. Propose a Natural Attenuation Monitoring plan pursuant to rule 62-780.690, F.A.C., or

4. Implement additional active remediation pursuant to rule 62-780.700, F.A.C.

(f) A minimum of four groundwater sampling events is required and site rehabilitation shall be considered complete when the No Further Action criteria of subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., have been met for at least the last two sampling events. However, if contamination was only present in the unsaturated zone during the site assessment and active remediation tasks, site rehabilitation shall be considered complete if the No Further Action criteria of subsection 62-780.680(1), 62-780.680(2), or 62-780.680(3), F.A.C., are met during only one sampling event.

(5) The remediation equipment may be maintained in an inactive but operational status during the duration of post active remediation monitoring to avoid the possibility of having to re-install it if contaminant concentrations rebound.

(6) When post active remediation monitoring is considered complete pursuant to paragraph 62-780.750(4)(f), F.A.C., within the time frames specified in Table A or the CAD the PRSR shall submit to the Department for review an electronic or paper copy of a Site Rehabilitation Completion Report with a No Further Action Proposal. The Site Rehabilitation Completion Report shall include the documentation required in paragraph 62-780.750(4)(d), F.A.C., to support the opinion that site cleanup objectives have been achieved.

(7) The Department shall:

(a) Provide the PRSR with a Site Rehabilitation Completion Order as referenced in subsection 62-780.680(7), F.A.C., that approves the No Further Action Proposal, or

(b) Notify the PRSR in writing, stating the reason(s) why the Site Rehabilitation Completion Report does not contain information adequate to support the opinion that the cleanup objectives have been achieved. Site rehabilitation activities shall not be deemed complete until such time as a Site Rehabilitation Completion Report, which includes a No Further Action Proposal, is approved.

(8) If the Site Rehabilitation Completion Report is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62-780.750(6), F.A.C., the Department shall inform the PRSR pursuant to paragraph 62-780.750(7)(b), F.A.C., and the PRSR shall submit to the Department for review an electronic or paper copy of a revised Site Rehabilitation Completion Report that addresses the deficiencies within 30 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the PRSR shall resume the implementation of the approved Post Active Remediation Monitoring Plan within 30 days after receipt of the notice.

(9) For brownfields, the Site Rehabilitation Completion Order shall contain the following statement, as applicable: “Based upon the information provided by (real property owner) concerning property located at (insert address), it is the opinion of the Florida Department of Environmental Protection that (party) has successfully and satisfactorily implemented the approved brownfield site rehabilitation agreement schedule and, accordingly, no further action is required to assure that any land use identified in the brownfield site rehabilitation agreement is consistent with existing and proposed uses. If the real property owner proposes to remove the institutional or engineering controls, the real property owner shall obtain prior approval from the Department. The removal of the controls shall be accompanied by the immediate resumption of site rehabilitation, or implementation of other approved controls, unless the criteria of subsection 62-780.680(1), F.A.C., are met.”

(10) The Site Rehabilitation Completion Order shall constitute final agency action regarding cleanup activities at the site.

Editorial Note: Portions of this rule were copied from rule 62-770.750; 62-782.750; and 62-785.750, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.061, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended 6-12-13, 2-2-17.

Fla. Admin. Code R. 62-780.790 Time Schedules

(1) Site rehabilitation performed pursuant to this chapter shall be conducted within the time frames specified in Table A of this chapter, except that.

(a) If the PRSR has entered into a CAD with the Department for site rehabilitation, the time frames specified in the CAD shall take precedence over the time frames specified in Table A of this chapter, or

(b) If the Department is the PRSR, the time frames specified in this chapter do not apply.

(2) Unless specified otherwise in this chapter, within 60 days of receipt of a written notification from the Department that a plan or report does not contain adequate information or that the information provided is not supported by the applicable criteria, the PRSR shall submit to the Department the requested information for review.

(3) A modification of the time frame may be obtained by the PRSR for any action set forth in this chapter for good cause shown by requesting in writing that the Department make such a modification. The request shall specify which time frame(s) is to be modified, the amount of additional time required, and provide documentation supporting the good cause for the request. The request shall be received by the Department at least 20 days prior to the time the action is to be initiated. If emergency situations at a site do not allow for a full 20 days notice, the request shall detail such emergency situation. Within 20 days of receipt of a request for modification, the Department shall notify the PRSR in writing if additional information regarding the request is needed. The Department shall notify the PRSR in writing within 20 days of receipt of the request or of the additional information as to whether modification of the time frame(s) will be allowed. For purposes of this paragraph, good cause shall mean unanticipated events outside the control of the PRSR. Applicable deadlines referenced pursuant to this chapter shall be tolled while a request for modification of a time frame is pending.

(4) The failure of the PRSR to submit requested information or meet any time frame herein shall be a violation of chapters 376 and 403, F.S., and shall be enforceable by the Department pursuant to sections 376.303 and 403.121, F.S., unless otherwise addressed by a CAD.

(5) In no circumstances shall the Department’s failure to meet any time frame be construed as approval of any plan or action by the Department.

Editorial Note: Portions of this rule were copied from rule 62-770.800, Formerly 17-70.013 and Formerly 17-770.800; and 62-782.790, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4) FS. Law Implemented 376.303, 376.3071, 376.30701, 376.30711, 376.3078(4) FS. History–New 4-17-05, Amended 6-12-13.

Fla. Admin. Code R. 62-780.900 Forms

The forms used by the Department in its Contaminated Site Cleanup Criteria program are adopted and incorporated by reference in rules 62-780.220 and .300, F.A.C. Each form is listed by subsection number, which is also the form number, and with the subject, title, and effective date. Forms may be obtained from the Division of Waste Management website at www.dep.state.fl.us/waste.

(1) Form 62-780.900(1), Initial Notice of Contamination Beyond Property Boundaries (effective date 6-12-13).

(2) Form 62-780.900(2), Chain of Custody Record (effective date 6-12-13).

TABLE A

Submittals and Time Frames for PRSR

(Unless superseded by a CAD)

Type of Report or Activity

PRSR Action or Submittal Time Frames

Notice of Initiation of Emergency Response Action or Interim Source Removal Action per rule 62-780.500 or 62-780.525, F.A.C.

Within 24 hours of initiation of the action

Emergency or Interim Source Removal Proposal

When seeking approval before implementation of an alternative product recovery method, groundwater recovery, soil treatment or disposal technique (rule 62-780.500 or 62-780.525, F.A.C.)

Emergency Source Removal Status Report or Interim Source Removal Status Report

Within 60 days of initiating emergency or interim source removal activities and every 60 days thereafter or when the field activity is terminated, whichever occurs first

Emergency Source Removal Status Report or Interim Source Removal Report

Within 60 days of completion of emergency or interim source removal activities

Site Assessment Commenced

Within 60 days after a discharge is discovered

Site Assessment Report (SAR)

SAR submitted within 270 days of discharge or discovery

Risk Assessment Report (RAR)

Optional (within 60 days of SAR approval or within the scheduled approved in the Risk Assessment Work Plan)

Well Survey and Sampling Results pursuant to paragraph 62-780.600(3)(h), F.A.C.

Within 60 days of discovery of contamination beyond the property boundaries

No Further Action (NFA) Proposal

When the site meets the criteria for NFA (rule 62-780.680, F.A.C.)

Natural Attenuation Monitoring (NAM) Plan

When the site meets the criteria for NAM (rule 62-780.690, F.A.C.)

Natural Attenuation Monitoring (NAM) Report

Within 60 days of sample collection or in accordance with the approved NAM plan

Remedial Action Plan (RAP)

Within 90 days of approval of a SAR or RAR

As-Built Drawings

Within 120 days of initiating operation of active remediation system

Initiate Operation of Active Remediation System

Within 120 days of RAP approval

Remedial Action Status Report

Within 60 days of the anniversary date of initiating operation of active remediation system or in accordance with the approved RAP

Proposals submitted pursuant to subsection 62-780.700(14), F.A.C.

Optional during active remediation

Post Active Remediation Monitoring (PARM) Plan

When the site meets the criteria for NFA (rule 62-780.680, F.A.C.) or Leveling Off (subsection 62-780.700(18), F.A.C.)

Post Active Remediation Monitoring (PARM) Report

Within 60 days of sample collection or in accordance with the approved PARM plan

Leveling Off Determination

Within 60 days of sample collection

Post Active Remediation Monitoring Plan resampling proposal (paragraph 62-780.750(4)(e), F.A.C.)

Within 60 days of sample collection

Site Rehabilitation Completion Report (SRCR)

Within 60 days of the final sampling event. If SRCR is not approved then submit modifications, etc. within 60 days of Department’s response

Pilot Study Work Plan

When seeking approval before implementation of a Pilot Study pursuant to subsection 62-780.700(2), F.A.C.

Combined Document (optional submittal)

Governed by the earliest submission deadline for any component, unless the Department agrees to a different schedule in advance, and in writing

Notices for Field Activities (except for Initiation of Emergency Response Action, De Minimis Discharges or Interim Source Removal Action)

Notice to the Department within seven days but not less than 24 hours prior to performing field activity

Submittal to the Department of addenda, responses, or modification to plans or reports, pursuant to rule 62-780.790, F.A.C.

Within 60 days of receipt of the Department’s response

Submittal of Form and Actual Notice required in subsection 62-780.220(2), F.A.C.

See text of rule for “Initial Notice of Contamination Beyond Property Boundaries” in subsection 62-780.220(2), F.A.C.

TABLE B

Petroleum, Petroleum Product and Drycleaning Solvent Contaminants of Concern (COCs)

Petroleum or Petroleum Product COCs

Drycleaning Solvent COCs

Petroleum or Petroleum Product Sites

Chlorinated Solvent Sites

Benzene

Carbon tetrachloride

Ethylbenzene

Chloroform

Toluene

Dichloroethane, 1,1-

Xylenes, total

Dichloroethane, 1,2- [or EDC]

Acenaphthene

Dichloroethene, 1,1-

Acenaphthylene

Dichloroethene, cis-1,2-

Anthracene

Dichloroethene, trans-1,2-

Benzo(a)anthracene

Ethyl chloride [or Chloroethane]

Benzo(a)pyrene

Methyl chloride [or Chloromethane]

Benzo(b)fluoranthene

Methylene chloride

Benzo(g,h,i)perylene

Tetrachloroethene [or PCE]

Benzo(k)fluoranthene

Trichloro-1,2,2-trifluoroethane, 1,1,2 [or CFC 113]

Chrysene

Trichloroethane, 1,1,1- [or Methyl chloroform]

Dibenz(a,h)anthracene

Trichloroethene [or TCE]

Fluoranthene

Vinyl chloride

Fluorene

Petroleum Solvent Sites

Indeno(1,2,3-cd)pyrene

Benzene

Methylnaphthalene, 1-

Ethylbenzene

Methylnaphthalene, 2-

Toluene

Naphthalene

Xylenes, total

Phenanthrene

Acenaphthene

Pyrene

Acenaphthylene

Dibromoethane, 1,2- [or EDB]

Methylnaphthalene, 1-

Dichloroethane, 1,2- [or EDC]

Methylnaphthalene, 2-

Methyl tert-butyl ether [or MTBE]

Naphthalene

TRPHs

TRPHs

Arsenic

Cadmium

Chromium

Lead

Chloride

Sulfate

Total Dissolved Solids [or TDS]

TABLE C

For Gasoline and Kerosene Analytical Groups

Contaminants of Concern

Groundwater and Surface Water

Soil and Sediment

Benzene, Ethylbenzene, Toluene, total Xylenes, and MTBE

EPA 602, 624, 8021 or 8260

EPA 8021 or 8260

1-methylnaphthalene, 2-methylnaphthalene, and the 16 method-listed PAHs included in Table B

EPA 610 (by HPLC), 625, 8270 or 8310

EPA 8270 or 8310

1,2-dichloroethane and other listed Priority Pollutant Volatile Organic Halocarbons

EPA 601, 624, 8021 or 8260

NOT REQUIRED

1,2-dibromoethane [or EDB]

EPA 504, 504.1, 8011 or 8260 SIM

NOT REQUIRED

Lead, total

EPA 200.7, 200.8, 6010 or 6020

NOT REQUIRED

TRPHs

FL-PRO

FL-PRO

NOTE 1: Practical quantitation limits shall meet the specified cleanup target levels.

NOTE 2: Appropriate sample preparation and cleanup methods (e.g., extraction, digestion) shall be performed prior to analysis.

NOTE 3: Equivalent methods may be used if approved through protocols described in chapter 62-160, F.A.C.

TABLE D

For used oil, as defined in subsection 62-780.200(50), F.A.C., for identified products

not listed in the Gasoline or Kerosene Analytical Groups, and for products for which the specific identity is unknown

Contaminants of Concern

Groundwater and Surface Water

Soil and Sediment

Arsenic, total

EPA 200.7, 200.8, 6010 or 6020

EPA 6010 or 6020

Cadmium, total

EPA 200.7, 200.8, 6010 or 6020

EPA 6010 or 6020

Chromium, total

EPA 200.7, 200.8, 6010 or 6020

EPA 6010 or 6020

Lead, total

EPA 200.7, 200.8, 6010 or 6020

EPA 6010 or 6020

Priority Pollutant Volatile Organics

EPA 624 or 8260

EPA 8260

Priority Pollutant Extractable Organics

EPA 625 + 608, 625 + 8081 + 8082, 8270 + 608 (unless certified for Organochlorine Pesticides and PCBs by 8270), or 8270 + 8081 (unless certified for Organochlorine Pesticides by 8270) + 8082 (unless certified for PCBs by 8270)

EPA 8270 + 8081 (unless certified for Organochlorine Pesticides by 8270) + 8082 (unless certified for PCBs by 8270)

Nonpriority Pollutant Organics (with GC/MS peaks greater than 10 ug/L)

EPA 624 or 8260, and 625 or 8270

NOT REQUIRED

Priority Pollutant Volatile Organic Halocarbons

EPA 601, 624, 8021 or 8260

EPA 8021 or 8260

1-methylnaphthalene, 2-methylnaphthalene, and the 16 method-listed PAHs included in Table B

EPA 610 (by HPLC), 625, 8270 or 8310

EPA 8270 or 8310

PCBs

EPA 608 or 8082

EPA 8082

TRPHs

FL-PRO

FL-PRO

Toxicity Characteristic Leaching Procedure (TCLP) and the subsequent analyses for metals shall be performed on soil samples to determine if the soil is a hazardous waste and to evaluate leaching potential when the total concentration of any contaminant of concern in the samples meets the following conditions (the applicable analytical method shall be used following sample preparation by EPA Method 1311 and any appropriate digestion procedure):

If:

Exceeds:

Use:

Test Criteria:

Total Arsenic

100 mg/kg

EPA 6010 or 6020

5.0 mg/L

Total Cadmium

20 mg/kg

EPA 6010 or 6020

1.0 mg/L

Total Chromium

100 mg/kg

EPA 6010 or 6020

5.0 mg/L

Total Lead

100 mg/kg

EPA 6010 or 6020

5.0 mg/L

NOTE 1: Practical quantitation limits shall meet the specified cleanup target levels.

NOTE 2: Appropriate sample preparation and cleanup methods (e.g., extraction, digestion) shall be performed prior to analysis.

NOTE 3: Equivalent methods may be used if approved through protocols described in chapter 62-160, F.A.C.

TABLE E

For petroleum as defined in section 376.301, F.S.

Contaminants of Concern

Groundwater and Surface Water

Soil and Sediment

Benzene, Ethylbenzene, Toluene, total Xylenes, and MTBE

EPA 602, 624, 8021 or 8260

EPA 8021 or 8260

1-methylnaphthalene, 2-methylnaphthalene, and the 16 method-listed PAHs included in Table B

EPA 610 (by HPLC), 625, 8270 or 8310

EPA 8270 or 8310

1,2-dichloroethane and other listed Priority Pollutant Volatile Organic Halocarbons

EPA 601, 624, 8021 or 8260

EPA 8021 or 8260

1,2-dibromoethane [or EDB]

EPA 504, 504.1 8011 or 8260 SIM

NOT REQUIRED

Arsenic, total

EPA 200.7, 200.8, 6010 or 6020

EPA 6010 or 6020

Cadmium, total

EPA 200.7, 200.8, 6010 or 6020

EPA 6010 or 6020

Chromium, total

EPA 200.7, 200.8, 6010 or 6020

EPA 6010 or 6020

Lead, total

EPA 200.7, 200.8, 6010 or 6020

EPA 6010 or 6020

TRPHs

FL-PRO

FL-PRO

Chloride

EPA 300.0, 9056, 9251, or 9253 or SM 4500-Cl B, 4500-Cl C or 4500-Cl E

NOT REQUIRED

Sulfate

EPA 300.0, 300.1, 375.2, 9038 or 9056 or SM 4500-SO4 C

NOT REQUIRED

Total Dissolved Solids [or TDS]

SM 2540 C

NOT APPLICABLE

NOTE 1: Practical quantitation limits shall meet the specified cleanup target levels.

NOTE 2: Appropriate sample preparation and cleanup methods (e.g., extraction, digestion) shall be performed prior to analysis.

NOTE 3: Equivalent methods may be used if approved through protocols described in chapter 62-160, F.A.C.

Table F

Health-Based Values For Nuisance, Organoleptic, Or Aesthetic Based Groundwater Cleanup Target Levels

Contaminant

CAS#

Chapter 62-777, F.A.C., (ug/L)

Health-Based GCTL(ug/L)

Target Organ/System or Effect

Acenaphthene

83-32-9

20 Organoleptic

420

-Liver

Aluminum

7429-90-5

200 Secondary Standard

7000

-Body Weight

Biphenyl, 1,1- [or Diphenyl]

92-52-4

0.5 Organoleptic

350

-Kidney

Butyl acetate, n-

123-86-4

43 Organoleptic

NA

-None Specified

Chloride

16887-00-6

250000 Secondary Standard

NA

-None Specified

Chlorophenol, 3-

108-43-0

0.1 Organoleptic

35

-Reproductive

Chlorophenol, 4-

106-48-9

0.1 Organoleptic

35

-Reproductive

Chloropicrin

27913

7.3 Organoleptic

NA

-None Specified

Copper

7440-50-8

1000 Secondary Standard

280 (a)

-Gastrointestinal

Cumene

[or Isopropyl benzene]

98-82-8

0.8 Organoleptic

700

-Adrenals -Kidney

Dichlorophenol, 2,3-

576-24-9

0.04 Organoleptic

21

-Immunological

Dichlorophenol, 2,4-

120-83-2

0.3 Organoleptic

21

-Immunological

Dichlorophenol, 2,5-

583-78-8

0.5 Organoleptic

21

-Immunological

Dichlorophenol, 2,6-

87-65-0

0.2 Organoleptic

21

-Immunological

Dichlorophenol, 3,4-

95-77-2

0.3 Organoleptic

21

-Immunological

Ethanol

64-17-5

10000 Organoleptic

400000

-Developmental

Ethyl acrylate

140-88-5

0.4 Organoleptic

0.7

-Carcinogen

Ethyl ether

60-29-7

750 Organoleptic

1400

-Body Weight

Ethylbenzene

100-41-4

30 Secondary Standard

700

(700)

-Developmental –

Kidney –Liver

Fluoride

7782-41-4

2000 Secondary Standard

420

(a)

-Teeth mottling

Formaldehyde

50-00-0

600 Organoleptic

1400

-Body Weight-Carcinogen

-Gastrointestinal

Hexane, n-

110-54-3

6 Organoleptic

420

-Neurological

Iron

7439-89-6

300 Secondary Standard

4200

-Gastrointestinal

Manganese

7439-96-5

50 Secondary Standard

330

-Neurological

Methyl acetate

79-20-9

3000 Organoleptic

7000

-Liver

Methyl methacrylate

80-62-6

25 Organoleptic

9800

-None specified

Methyl tert-butyl ether

[or MTBE]

1634-04-4

20 Organoleptic

NA

-Eye-Kidney-Liver

Phenol

108-95-2

10 Organoleptic

2100

-Developmental

Silver

7440-22-4

100 Secondary Standard

35 (a)

-Skin

Sulfate

14808-79-8

250000 Secondary Standard

NA

-None Specified

Toluene

108-88-3

40 Secondary Standard

1400

(1000) (b)

-Kidney-Liver-Neurological

Total dissolved solids

[or TDS]

C-010

500000 Secondary Standard

NA

-None Specified

Trichlorophenol, 2,4,5-

95-95-4

1 Organoleptic

700

-Kidney -Liver

Trimethylbenzene, 1,2,3-

526-73-8

10 Organoleptic

350

-None Specified

Trimethylbenzene, 1,2,4-

95-63-6

10 Organoleptic

350

-None Specified

Trimethylbenzene, 1,3,5-

108-67-8

10 Organoleptic

350

-None Specified

Vinyl acetate

108-05-4

88 Organoleptic

7000

-Body Weight-Kidney-Nasal

Xylenes, total

1330-20-7

20 Secondary Standard

1400

(10000) (c)

-Body Weight-Mortality

-Neurological

Zinc

7440-66-6

5000

Secondary Standard

2100

(a)

-Blood

Note: GCTLs based organoleptic considerations are lower than the health-based values.

Table F in chapter 62-780, F.A.C., was duplicated in Table 7 of the technical report referenced in this chapter. Table F is for use only when making decisions regarding sub-subparagraph 62-780.680(1)(c)1.a., F.A.C., for contaminated sites undergoing site rehabilitation pursuant to sections 376.30701 and 376.81, F.S., and petroleum contamination sites being addressed pursuant to section 376.3071, F.S., that are not eligible for state-funded site rehabilitation, if the PRSR elects.

NA = Not available at time of rule adoption.

(a) = Health-based GCTL lower than the Secondary Standard. The Secondary Standard shall be used for this contaminant.

(b) = Health-based GCTL higher than Primary Standard (value). The Primary Standard shall be used for this contaminant.

(c) = Health-based GCTL lower than Primary Standard (value). The Primary Standard shall be used for this contaminant.

Editorial Note: Portions of this rule were copied from rule 62-770.900, Formerly 17-770.900; 62-782.900; and 62-785.900, F.A.C.

History

• Rulemaking Authority 376.303, 376.3071, 376.30701, 376.30702, 376.3078(4), 376.81 FS. Law Implemented 376.3071, 376.30701, 376.30702, 376.3078(4), 376.81 FS. History–New 4-17-05, Amended 12-27-07, 6-12-13, 2-2-17.

Chapter 62-781 DRYCLEANING SOLVENT CLEANUP PROGRAM

Fla. Admin. Code R. 62-781.100 Definitions

The definitions found in Section (s.) 376.301, F.S., are adopted herein, including those definitions for the terms "drycleaning facility," "drycleaning solvents," "real property owner" and "wholesale supply facility." The following words and phrases when used in this chapter shall, unless otherwise indicated, have the following meanings:

(1) "Applicant" means the owner, operator, or real property owner responsible for submitting the application package as identified on the Drycleaning Solvent Cleanup Program Application, DEP Form 62-781.900(1).

(2) "Operator" means any person operating a drycleaning facility or wholesale supply facility, whether by lease, contract, or other form of agreement.

(3) "Owner" means any person owning a drycleaning facility or wholesale supply facility.

(4) "Program" is the Drycleaning Solvent Cleanup Program.

History

• Specific Authority 376.3078 FS. Law Implemented 376.3078 FS. History–New 3-13-96.

Fla. Admin. Code R. 62-781.200 Program Application, Eligibility Determination, and Priority Ranking

(1) Program Application.

(a) The owner, operator, and real property owner of any operating drycleaning facility or wholesale supply facility may apply to the program by jointly submitting a completed application package to the Department. The completed application package shall include:

1. A completed Drycleaning Solvent Cleanup Program Application, DEP Form 62-781.900(1), prepared and signed by the owner, operator, and real property owner. In the event that joint signatures by the owner, operator and real property owner are unobtainable as required by Rule 62-781.200(1)(a), F.A.C., then the applicant shall forward by certified mail, a Notice Letter for Joint Application, DEP Form 62-781.900(2), and a copy of the Drycleaning Solvent Cleanup Program Application, DEP Form 62-781.900(1), to each non-signing party. Each non-signing party shall have thirty (30) days to complete, sign and return the Drycleaning Solvent Cleanup Program Application, DEP Form 62-781.900(1), to the applicant. If all joint signatures are not obtained within thirty (30) days after any Notice Letter for Joint Application, DEP Form 62-781.900(2), has been transmitted, then the applicant may submit to the Department a completed application package pursuant to Rule 62-781.200, F.A.C., with the signatures then available, a copy of each Notice Letter for Joint Application, DEP Form 62-781.900(2), and a copy of the return receipt for each Notice Letter for Joint Application; and

2. A completed Site Screening Report, DEP Form 62-781.900(3), prepared in accordance with the Site Screening Report Guidance Manual (DC-GM1), which is adopted and incorporated by reference in this section. Copies of the Site Screening Report Guidance Manual (DC-GM1) may be obtained by writing to the Department of Environmental Protection, Bureau of Waste Cleanup, Mail Station 4520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(b) The real property owner of any real property on which a drycleaning facility or wholesale supply facility was operated and ceased operating prior to application to the program may apply to the program by submitting a completed application package to the Department. The completed application package shall include:

1. A completed Drycleaning Solvent Cleanup Program Application, DEP Form 62-781.900(1), prepared and signed by the real property owner; and

2. A completed Site Screening Report, DEP Form 62-781.900(3), prepared in accordance with the Site Screening Report Guidance manual (DC-GM1), which is adopted and incorporated by reference in this section. Copies of the Site Screening Report Guidance Manual (DC-GM1) may be obtained by writing to the Department of Environmental Protection, Bureau of Waste Cleanup, Mail Station 4520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(2) Eligibility Determination. The Department shall review the application package for completeness. If the Department determines that the application package is incomplete, then the Department will notify the applicant and return the application package. The applicant may resubmit the application package to the Department after providing the additional information required by the Department. If the Department determines that the application package is complete, then the Department will review the application package and determine if the conditions of eligibility set forth in s. 376.3078, F.S., have been met. The Department shall make an eligibility determination within one-hundred twenty (120) days after receipt of a complete application package. The failure of the Department to meet the time frames set forth herein shall not be a default determination of program eligibility. Upon completion of eligibility determination the Department shall notify the applicant in writing as to whether the drycleaning facility or wholesale supply facility is eligible for the program. If the Department denies eligibility for a completed application package, the notice of denial shall specify the reasons for the denial and shall constitute agency action subject to the provisions of Chapter 120, F.S.

(3) Priority Ranking. The Department shall score and administer the priority ranking of eligible sites pursuant to ss. 376.3078(5) and (6), F.S.

History

• Specific Authority 376.3078 FS. Law Implemented 376.3078 FS. History–New 3-13-96.

Fla. Admin. Code R. 62-781.900 Forms

The forms used by the Department are adopted and incorporated by reference in this section. The forms are listed by rule number, which is also the form number, and by the subject title and effective date. Copies of forms may be obtained by writing to the Department of Environmental Protection, Bureau of Waste Cleanup, Mail Station 4520, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1) Drycleaning Solvent Cleanup Program Application, DEP Form 62-781.900(1), effective 3-13-96.

(2) Notice Letter for Joint Application, DEP Form 62-781.900(2), effective 3-13-96.

(3) Site Screening Report, DEP Form 62-781.900(3), effective 3-13-96.

History

• Specific Authority 376.3078 FS. Law Implemented 376.3078 FS. History–New 3-13-96.

Chapter 62-782 DRYCLEANING SOLVENT CLEANUP CRITERIA

Fla. Admin. Code R. 62-782.100 Referenced Guidelines

Editorial Note: See Rule 62-780.100, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.150 Applicability

Editorial Note: See Rule 62-780.150, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.200 Acronyms and Definitions

Editorial Note: See Rule 62-780.200, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.220 Notices

Editorial Note: See Rule 62-780.220, F.A.C.

History

• Rulemaking Authority 376.30702, 376.3078(4), 403.7255 FS. Law Implemented 376.30702, 376.3078(4), 403.7255 FS. History–New 4-17-05, Amended 12-27-07, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.300 Quality Assurance Requirements

Editorial Note: See Rule 62-780.300, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.400 Professional Certifications

Editorial Note: See Rule 62-780.400, F.A.C.

History

• Rulemaking Authority 403.061 FS. Law Implemented 403.0877 FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.450 Combined Document

Editorial Note: See Rule 62-780.450, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.500 Interim Source Removal

Editorial Note: See Rule 62-780.500, F.A.C.

History

• Rulemaking Authority 376.3078(4), (9) FS. Law Implemented 376.3078(4), (9) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.600 Site Assessment

Editorial Note: See Rule 62-780.600, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.610 Fate and Transport Model and Statistical Method Requirements

Editorial Note: See Rule 62-780.610, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.650 Risk Assessment

Editorial Note: See Rule 62-780.650, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.680 No Further Action and No Further Action with Controls Criteria

Editorial Note: See Rule 62-780.680, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.690 Natural Attenuation With Monitoring Criteria

Editorial Note: See Rule 62-780.690, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.700 Active Remediation

Editorial Note: See Rule 62-780.700, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.750 Post Active Remediation Monitoring

Editorial Note: See Rule 62-780.750, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.790 Time Schedules

Editorial Note: See Rule 62-780.790, F.A.C.

History

• Rulemaking Authority 376.3078(4) FS. Law Implemented 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-782.900 Forms

Editorial Note: See Rule 62-780.900, F.A.C.

History

• Rulemaking Authority 376.30702, 376.3078(4) FS. Law Implemented 376.30702, 376.3078(4) FS. History–New 8-5-99, Amended 4-17-05, 12-27-07, Repealed 6-12-13.

Chapter 62-785 BROWNFIELDS CLEANUP CRITERIA

Fla. Admin. Code R. 62-785.100 Referenced Guidelines

Editorial Note: See Rule 62-780.100, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.150 Applicability

Editorial Note: See Rule 62-780.150, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.200 Acronyms and Definitions

Editorial Note: See Rule 62-780.200, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.220 Notices

Editorial Note: See Rule 62-780.220, F.A.C.

History

• Rulemaking Authority 376.30702, 376.81, 403.7255 FS. Law Implemented 376.30702, 376.81, 403.7255 FS. History–New 4-17-05, Amended 12-27-07, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.300 Quality Assurance Requirements

Editorial Note: See Rule 62-780.300, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.400 Professional Certifications

Editorial Note: See Rule 62-780.400, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.80, 376.81, 403.0877 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.450 Combined Document

Editorial Note: See Rule 62-780.450, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.500 Interim Source Removal

Editorial Note: See Rule 62-780.500, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.600 Site Assessment

Editorial Note: See Rule 62-780.600, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.610 Fate and Transport Model and Statistical Method Requirements

Editorial Note: See Rule 62-780.610, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.650 Risk Assessment

Editorial Note: See Rule 62-780.650, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.680 No Further Action and No Further Action with Controls

Editorial Note: See Rule 62-780.680, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81, 403.0877 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.690 Natural Attenuation with Monitoring Criteria

Editorial Note: See Rule 62-780.690, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.700 Active Remediation

Editorial Note: See Rule 62-780.700, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.750 Post Active Remediation Monitoring

Editorial Note: See Rule 62-780.750, F.A.C.

History

• Rulemaking Authority 376.81 FS. Law Implemented 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, Repealed 6-12-13.

Fla. Admin. Code R. 62-785.900 Forms

Editorial Note: See Rule 62-780.900, F.A.C.

History

• Rulemaking Authority 376.30702, 376.81 FS. Law Implemented 376.30702, 376.81 FS. History–New 7-6-98, Amended 8-5-99, 4-17-05, 12-27-07, Repealed 6-12-13.

Chapter 62-787 POLLUTION RESPONSE ACTION CONTRACTS FOR THE WASTE CLEANUP PROGRAM

Fla. Admin. Code R. 62-787.100 Applicability and Purpose

(1) Purpose. This chapter establishes a process for procuring pollution response action contracts for the Department of Environmental Protection’s Waste Cleanup Program, as defined by this rule chapter.

(2) Applicability. The procedures set forth in this chapter shall be followed for the procurement of Continuing Contracts for pollution response action contracts. These rules do not apply to procurements for:

(a) A contract for a single Project or Site that can be identified prior to the procurement,

(b) A contract for a Project or Site where the construction cost or Professional Services fee exceed the limits set forth in Section 287.055(2)(g), F.S., or

(c) response actions addressed pursuant to rule Chapter 62-772, F.A.C.

(3) The Department may declare an emergency and waive the procurement requirements described in this rule chapter. An emergency is a set of circumstances caused by a sudden unexpected turn of events (e.g., circumstances in Section 403.1655, F.S., acts of God, riot, fires, floods, accidents or any circumstances or causes beyond the control of the Department in the normal conduct of its business) where the delay incident to this procurement method would result in an immediate danger to the public health, safety or welfare or other substantial loss to the state.

History

• Rulemaking Authority 287.0595, 376.303, 403.1655 FS. Law Implemented 287.055, 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History‒New 11-17-20, Amended 4-6-25.

Fla. Admin. Code R. 62-787.200 Definitions

All words and phrases defined in Sections 287.012, and 376.301, F.S., shall have the same meaning when used in this chapter.

(1) “Continuing Contract” means a Contract between the Department and a PRAC for an indefinite quantity of Professional Services as described in the scope of services in the Continuing Contract for a period of time defined in the Continuing Contract.

(2) “Department” means the Department of Environmental Protection.

(3) “Firm” means a partnership, corporation, or other legal entity that is certified under Section 471.023, F.S., to practice or offer to practice engineering.

(4) “Level of Effort” means the estimate that the PRACs will provide based on their Project assessment, including the cost(s) from lowest responsible and responsive bid(s) from non-Professional Services.

(5) “Oral Evaluation Committee” means Department employees selected by the Department head or designee to evaluate the oral presentation portion of the Request for Qualifications.

(6) “Pollution Response Action Contractor” or “PRAC” means a single entity that is responsible for a Project, including scheduling and coordination, in both pre-rehabilitation and rehabilitation phases, and generally responsible for the successful, timely, and economical completion of the Project. The PRAC shall also be responsible for procurement and management of all non-Professional Services contractor(s) used on a Project.

(7) “Professional Services” means pursuant to Section 287.055, F.S., those services within the scope of the practice of architecture, professional engineering, landscape architecture or registered surveying and mapping, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice.

(8) “Project” means a response action as defined in Section 376.301, F.S.

(9) “Request for Qualifications” or “RFQ” means a solicitation for statements of qualification for the Department to select one or more vendors to provide Professional Services under a Continuing Contract, performed in accordance with Section 287.055, F.S., and the procedures outlined in Rules 62-787.300 and 62-787.400, F.A.C.

(10) “Site” means any “contaminated site” as defined in Section 376.301, F.S.

(11) “Task Assignment” means written authorization by the Department to a selected PRAC to use contracted services to conduct a defined set of activities related to a Project for a Site or multiple Sites under the Waste Cleanup Program.

(12) “Task Assignment Change Order” means a modification to a Task Assignment by written authorization prior to the expiration of the Task Assignment or underlying Continuing Contract.

(13) “Technical Evaluation Committee” means Department employees selected by the Department head or designee to evaluate the technical presentation portion during the Request for Qualifications.

(14) “Waste Cleanup Program” means all response action activity, regardless of funding source, excluding response actions addressed pursuant to rule Chapter 62-772, F.A.C.

History

• Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.055, 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History‒New 11-17-20, Amended 4-6-25.

Fla. Admin. Code R. 62-787.300 Procedures for Determining Qualifications of Firms for Continuing Contracts

(1) To be eligible to enter a Continuing Contract with the Department, Firms must, at a minimum:

(a) Meet all certification and license requirements imposed by applicable Federal, State, and local law.

(b) Employ a professional geologist, who possesses and maintains a valid certificate of authorization to practice geology from the Florida Department of Business and Professional Regulation (DBPR) pursuant to Section 492.111, F.S.

(c) Employ a professional engineer who possesses and maintains a valid certificate of authorization to practice engineering from the Florida Board of Professional Engineers (FBPE) pursuant to Section 471.023, F.S., or demonstrate that the professional engineer is not practicing engineering under a fictitious name or a business organization, and therefore does not require a certificate of authorization.

(d) Have the capacity to perform or directly supervise the majority of the work at a Site in accordance with Section 489.113(9), F.S.

(2) The Department will identify any additional qualifications for Firms in the RFQ.

(3) Failure to possess any of the qualifications listed in subsection 62-787.300(1), F.A.C., or specified in the RFQ at the date the response to the RFQ is due shall result in rejection of the Firm as unqualified.

(4) Pursuant to Section 120.57, F.S., an unqualified Firm will be advised of the right to petition for an administrative hearing of the decision to disqualify the Firm and shall be given a time certain within which to provide the petition.

History

• Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History‒New 11-17-20, Amended 4-6-25.

Fla. Admin. Code R. 62-787.400 Competitive Selection

(1) The Department shall issue an RFQ to qualify Firms and may award a Continuing Contract for response action and Site rehabilitation as defined in Section 376.301, F.S. The RFQ shall be published in the Vendor Bid System as established in Rule 60A-1.021, F.A.C. Changes to the RFQ may only be made if published in the Vendor Bid System as an addendum to the RFQ.

(2) The Department may award multiple Continuing Contracts from a single RFQ.

(3) A Technical Evaluation Committee shall determine the relative ability of each Firm to perform the services required under the scope of services using the evaluation criteria published in the RFQ and provide each Firm with a relative score and ranking.

(4) A Technical Evaluation Committee shall select Firms in order of ranking and deemed to be most highly qualified to perform the required services based on the scores.

(5) The Department shall publish on the Vendor Bid System the list identifying the highest-ranking Firms selected by the Technical Evaluation Committee to participate in oral presentations as well as the oral presentation topic, oral presentation scoring guidelines, and presentation date in an addendum to the RFQ.

(6) Firms will present the oral presentations to the Oral Evaluation Committee. The Oral Evaluation Committee shall evaluate all presentations and shall select Firms deemed to be the most highly qualified to perform the required services.

(7) The Oral Evaluation Committee will submit their recommendations to the Secretary of the Department or designee for approval.

(8) The Department will negotiate contracts with the number of Firms set forth in the RFQ. Failure of a Firm to negotiate a contract rate that is fair, competitive, and reasonable, shall result in that Firm no longer being eligible for a contract. The Department will then select the next highest-ranking Firm from the oral presentations to negotiate a contract.

(9) For single source purchases, the Department shall follow the procedures in Section 287.057(3)(c), F.S.

History

• Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History‒New 11-17-20, Amended 4-6-25.

Fla. Admin. Code R. 62-787.600 Assignment, Negotiation, and Modification of Task Assignments

(1) There is no minimum amount of work guaranteed to any PRAC under a Continuing Contract. The Department shall assign work at its sole discretion as determined by the Department. In making a determination of assignment, the Department will consider a PRAC’s workload, past performance, experience with similar tasks, and scheduling availability.

(2) Cost negotiations shall be addressed in each Task Assignment.

(3) Upon assignment of a Project, the PRAC shall negotiate a Level of Effort with the Department.

(4) Modification of Task Assignments.

(a) Should conditions alter the nature and extent of the work specified and described in the Task Assignment, and the alteration of such conditions changes the cost or time to perform the work required to complete the Project as specified or described and planned to be incurred in the PRAC’s Level of Effort and negotiated cost, a modification shall be made by means of a Task Assignment Change Order.

(b) All adjustments to the Task Assignment amount resulting from a change in the work shall be determined by the measure of actual, or estimated out-of-pocket costs and expenses incurred or avoided by the PRAC for labor, materials, equipment, equipment rental, and overhead and profit thereon, for performing the changed work, or not performing the work.

(c) The PRAC shall perform changes in the work and bidding shall not be required if the PRAC’s performance and capability remain satisfactory at the time of a proposed Task Assignment Change Order and:

1. The change is within the general scope of the Continuing Contract and the Continuing Contract or Task Assignment contains a method of calculating overhead and profit caused by Task Assignment Change Order;

2. The change will reduce either the scope or size of the Project or the Task Assignment price, is an integral part of the Project that must be made to correct an unanticipated condition which is necessary to permit the Project to continue; and

3. The PRAC agrees to a reasonable negotiated change in the Task Assignment price.

(5) The Department may solicit a cost proposal for a qualifying Project from any PRAC and may thereafter enter into a Task Assignment with that PRAC, for any of the services described in the scope of services contained in the Continuing Contract. Under a Task Assignment, the PRAC will manage all work being conducted under that Task Assignment. This includes: pre-qualification of all subcontractors necessary for conducting work under the Task Assignment; selection of the lowest cost, responsive, responsible subcontractor for each aspect of the subcontracted work described within the Task Assignment; management of all selected subcontractors under the Task Assignment; and payment of all subcontractors following satisfactory completion of work described in the Task Assignment.

History

• Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History‒New 11-17-20, Amended 4-6-25.

Fla. Admin. Code R. 62-787.500 Contract Terms and Conditions

(1) Non-Exhaustive List of Required Contract Terms. Each Continuing Contract issued pursuant to this chapter shall contain provisions that require:

(a) The PRAC to follow a competitive procurement process to obtain quotes from non-Professional Services contractors for each non-Professional Service required by a Task Assignment. The competitive procurement process must follow rule Chapter 60D-5, F.A.C., or alternate, but similar process pre-approved by the Department in writing. The PRAC will manage and assume responsibility for all work conducted by subcontractors under a Task Assignment. The Department retains the right to reject the use of any subcontractor prior to and during execution of the work under a Task Assignment.

(b) The PRAC is to select the lowest responsible and responsive non-Professional Services contractors and use that price in developing their Level of Effort for each Task Assignment.

(2) The PRAC must maintain the minimum qualifications required by Rule 62-787.300, F.A.C. and demonstrate its continued compliance with those requirements upon demand. Failure to meet any requirement shall result in immediate termination of the Continuing Contract.

(3) Payments, purchases, warrants, and invoices are subject to the provisions in Sections 215.42, 215.422, and 112.061, F.S.

(4) The PRAC must comply with Section 287.0585, F.S.

(5) Renewals and extensions of Continuing Contracts must be in compliance with Sections 287.057(12), (13), F.S.

(6) Task Assignments.

(a) Task Assignments may not be used for a Site in which the estimated construction cost or Professional Services fee for the Project exceed the limits set forth in Section 287.055(2)(g), F.S.

(b) Each Task Assignment incorporates all terms and conditions of the Continuing Contract. Task Assignments shall not be broader in scope than the Continuing Contract.

(c) Each Task Assignment shall outline a detailed scope of work that divides the services into quantifiable, measurable, and verifiable units of deliverables that must be received and accepted in writing by the Department before payment.

(d) The parties shall specify and describe the work necessary to complete a Project in the Task Assignment.

History

• Rulemaking Authority 287.0595, 376.303 FS. Law Implemented 287.055, 287.0595, 376.30, 376.301, 376.303, 376.305, 376.307, 376.3078 FS. History‒New 11-17-20, Amended 4-6-25.

Chapter 62-788 VOLUNTARY CLEANUP TAX CREDIT RULE

Fla. Admin. Code R. 62-788.100 Applicability and Limitations

History

• Rulemaking Authority 376.30781 FS. Law Implemented 376.30781 FS. History–New 3-31-99, Repealed 2-16-12.

Fla. Admin. Code R. 62-788.101 Applicability and Limitations

(1) This chapter applies to any tax credit applicant seeking a tax credit toward corporate income tax pursuant to Sections 220.1845 and 376.30781, Florida Statutes (F.S.). A tax credit applicant shall claim tax credits for the costs of voluntary cleanup activity using the percentages and the amounts in Table 1 by completing Florida Department of Environmental Protection (Department) Form 62-788.101(1) Voluntary Cleanup Tax Credit Application and Affidavit, effective date May 2026, hereby adopted and incorporated by reference. Copies of this form are available from the Department’s Voluntary Cleanup Tax Credit (VCTC) Program, Mail Station 4505, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or online at https://floridadep.gov/waste/waste-cleanup/documents/vctc-application-form or https://flrules.org/Gateway/reference.asp?No=Ref-19369.

(2) A tax credit applicant can only submit a single completed application per contaminated or Brownfield site for each calendar year’s site rehabilitation costs. A tax credit applicant can be multiple entities working together to rehabilitate a contaminated or Brownfield site as identified and described in the Voluntary Cleanup Agreement (VCA) or Brownfield Site Rehabilitation Agreement (BSRA). Multiple entities must work together to prepare one application document, as detailed in subsection 62-788.301(1), Florida Administrative Code (F.A.C.).

(3) Each application must be accompanied by a nonrefundable review fee of $250, even if the application includes multiple tax credit applicants or claims multiple tax credit types. The nonrefundable review fee must be made payable to the Water Quality Assurance Trust Fund.

(4) Table 1: Tax Credit Percentages and Amounts for Eligible Sites Pursuant to subsection 62-788.101(1), F.A.C.

Tax Credit Type1

Site Rehabilitation2

Site Rehabilitation Completion Order (SRCO) Bonus3

Affordable Housing Bonus4

Health Care Bonus5

Solid Waste Removal6

Application Frequency

Annually

Once

Once

Once

Once

Percentage and Maximum Credit for Costs Incurred and Paid from 07/01/1998 to 06/30/2006

35%

$250,000

10%;

$50,000

N/A

N/A

N/A

Percentage and Maximum Credit for Costs Incurred and Paid after 06/30/2006

50%;

$500,000

25%;

$500,000

25%;

$500,000

N/A

50%;

$500,000

Percentage and Maximum Credit for Costs Incurred and Paid after 12/31/2007

50%;

$500,000

25%;

$500,000

25%;

$500,000

25%;

$500,000

50%;

$500,000

1 More than one Tax Credit Type listed in Table 1 can be claimed in a single VCTC application.

2 The maximum site rehabilitation tax credit issued per contaminated or Brownfield site shall not exceed $500,000 annually.

3 The maximum SRCO bonus tax credit issued per contaminated or Brownfield site shall not exceed $500,000.

4 The maximum Affordable Housing bonus tax credit issued per Brownfield site, as identified and described in the BSRA, shall not exceed $500,000.

5 The maximum Health Care bonus tax credit issued per Brownfield site, as identified and described in the BSRA, shall not exceed $500,000.

6 The maximum Solid Waste Removal tax credit issued per Brownfield site, as identified and described in the BSRA, shall not exceed $500,000.

(5) This rule shall be reviewed, and if necessary, repealed or renewed through the rulemaking process five years from the effective date.

History

• Rulemaking Authority 376.30781 FS. Law Implemented 220.1845, 376.30781 FS. History–New 3-9-22, Amended 5-10-26.

Fla. Admin. Code R. 62-788.151 Referenced Guidelines

Specific references to the guideline listed below are made within this chapter. The guideline is not a standard as defined in Section 403.803, F.S. Use of this guideline is not mandatory; the guideline is included for informational purposes only.

(1) A Guideline for Agreed-Upon Procedures Attestation Service for the Voluntary Cleanup Tax Credit (VCTC) Program, dated December 2021. Copies of this guideline are available from the Department’s Voluntary Cleanup Tax Credit (VCTC) Program, Mail Station 4505, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or online at https://floridadep.gov/waste/waste-cleanup/documents/vctc-cpa-guidelines or http://www.flrules.org/Gateway/reference.asp?No=Ref-14054.

(2) This rule shall be reviewed, and if necessary, repealed or renewed through the rulemaking process five years from the effective date.

History

• Rulemaking Authority 376.30781 FS. Law Implemented 220.1845, 376.30781 FS. History–New 3-9-22.

Fla. Admin. Code R. 62-788.200 Definitions

History

• Rulemaking Authority 376.30781 FS.Law Implemented 376.30781 FS. History–New 3-31-99, Repealed 2-16-12.

Fla. Admin. Code R. 62-788.201 Definitions

(1) All words and phrases defined in Sections 376.301, 376.30781, 376.79, and 403.703, F.S., shall have the same meaning when used in this chapter unless otherwise set forth in this subsection or unless the context clearly indicates otherwise. See Sections 376.301 and 376.79, F.S., for definitions of the following: “Contaminant,” “Contaminated site,” “Department,” “Engineering controls,” “Person,” and “Site rehabilitation.” See Section 376.301, F.S., for the definitions of the following: “Drycleaning facility,” “Drycleaning solvents,” and “Real property owner.” See Section 376.30781, F.S., for definitions of the following: “Solid waste disposal area,” and “Solid waste removal.” See Section 376.79, F.S., for definitions of the following: “Brownfield,” “Brownfield area,” “Brownfield site,” “Local pollution control program,” and “Person responsible for brownfield site rehabilitation.” See Section 403.703, F.S., for definitions of the following: “Recovered materials” and “Solid waste.” See Section 420.0004, F.S., for the definition of “Affordable.”

(2) “Integral to site rehabilitation” means work that is necessary to implement the requirements of Chapter 62-780, F.A.C.

(3) “Voluntary Cleanup Agreement” or “VCA” means a voluntary drycleaning solvent contaminated site cleanup agreement entered by an applicant and the Department pursuant to Section 376.3078, F.S.

(4) This rule shall be reviewed, and if necessary, repealed or renewed through the rulemaking process five years from the effective date.

History

• Rulemaking Authority 376.30781 FS. Law Implemented 220.1845, 376.301, 376.3078, 376.30781, 376.79, 403.703 FS. History–New 3-9-22, Amended 5-10-26.

Fla. Admin. Code R. 62-788.300 Application Process

History

• Rulemaking Authority 376.30781 FS. Law Implemented 376.30781 FS. History–New 3-31-99, Repealed 2-16-12.

Fla. Admin. Code R. 62-788.301 Site Rehabilitation Voluntary Cleanup Tax Credit Application Process

(1) A tax credit applicant, or multiple tax credit applicants working jointly to conduct site rehabilitation at a single contaminated or Brownfield site, can only file one tax credit application per contaminated or Brownfield site per year, claiming the percentage and the amount for the Site Rehabilitation Tax Credit Type in Table 1, for the cost of voluntary cleanup activity that is integral to site rehabilitation. If multiple tax credit applicants submit an application, then they must indicate on the application form each tax credit applicant’s percentage contribution toward payment of site rehabilitation costs.

(2) Complete applications for the annual site rehabilitation tax credit must be received by the Department’s Division of Waste Management in Tallahassee by 5:00 p.m. (Eastern Standard Time) on January 31 of the year following the calendar year for which a tax credit applicant is claiming site rehabilitation costs. If January 31 falls on a weekend, then the deadline moves forward to the next business day. A tax credit applicant shall submit an application using Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C. In addition to the requirements of subsection 62-788.101(3), F.A.C., the application must include the following:

(a) A completed and signed affidavit from each tax credit applicant (multiple tax credit applicants submitting a joint application must each sign a separate affidavit) certifying that all information contained in the application, including all records of costs incurred and paid and claimed in the tax credit application, are true and correct [Section VII. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.];

(b) If the application is submitted by the real property owner, then the Real Property Owner Affidavit section of the application form must also be completed and signed by the real property owner stating that it is not, and has never been, the owner or operator of the drycleaning facility where the contamination exists [Section II.D. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.];

(c) Proof that the tax credit applicant has entered into a VCA or a BSRA, as applicable. A copy of the cover page and the signature page(s) of the VCA or BSRA, as applicable, will suffice as proof;

(d) Proof of payment of all applicable deductibles pursuant to Section 376.3078(3)(e), F.S., for eligible drycleaning solvent cleanup program sites. As referenced in Section 376.30781(5)(a), F.S., if deductibles must be paid prior to submitting a tax credit application, evidence of the deductible payment must be included in the tax credit application. If the deductible was paid and noted in an application for the previous year, the applicant must note the application year the deductible was paid in Section II.C. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.;

(e) Copies of documents that clearly describe the goods or services and associated costs that are being claimed in the application. If such documents also include costs for goods or services that are not being claimed in the application such goods or services and the associated costs shall be clearly annotated or shall otherwise clearly identify such goods or services and unclaimed costs. Copies of documents for goods or services that are being claimed shall demonstrate a link between the contractual records, the payment requests associated with the contractual records, and the payment records for the claimed portions of the payment requests, as required by each of the following three subparagraphs:

1. Contractual records must describe the scope of work performed at the Brownfield site as defined in the BSRA or the contaminated site as defined in the VCA that was integral to site rehabilitation during the time period covered by the application. These contractual records shall correlate the costs claimed with both the payment requests and the payment records provided in accordance with subparagraphs 62-788.301(2)(e)2. and 3., F.A.C. If the tax credit applicant did not procure the services listed on the contractual records included in the application, then the tax credit applicant must explain its relationship to the entity that procured those services. Examples of such contractual records include contracts, documentation of contract negotiations, proposals, work orders, task assignments, and change orders;

2. Payment requests must describe the goods or services provided that were integral to site rehabilitation during the time period covered by the application. These payment requests shall correlate the costs claimed with both the contractual records and payment records provided in accordance with subparagraphs 62-788.301(2)(e)1. and 3., F.A.C. The payment requests must include the name of the payee, a description of the goods or services provided, the period of service during which the goods or services were provided, the date upon which the payment request was issued, and the total amount being requested. Examples of such payment requests are invoices, payment applications, sales tickets, and account statements. Payment requests that include costs for goods or services that are not being claimed in the VCTC application must clearly identify which costs are being claimed; and

3. Payment records involving actual costs incurred that were integral to site rehabilitation during the time period covered by the application and paid prior to submittal of the tax credit application (or by the January 31 application deadline). These payment records shall correlate the costs claimed with both the contractual records and the payment requests provided in accordance with subparagraphs 62-788.301(2)(e)1. and 2., F.A.C. The payment records shall also demonstrate that the tax credit applicant, which must be the signatory to the VCA or BSRA, paid the costs of site rehabilitation. For cases in which costs were prepaid (e.g., made in a previous year), the amount claimed must be only for the prorated portion of the prepaid work conducted in the calendar year for which tax credits are sought. Documentation must support these expense amounts and the timing of the work and show that it is part of the prepaid scope. Additionally, the Certified Public Accountant (CPA) must clearly describe these transactions and the proration amount claimed in a given calendar year in the report described in paragraph 62-788.301(2)(h), F.A.C. Payment records include, but are not limited to, cancelled checks and bank statements that show payment was received by the Payee;

(f) A cost-summary table that clearly summarizes the information required by paragraph 62-788.301(2)(e), F.A.C. must be provided. The cost-summary table must list all payee name(s) and include, at a minimum, the following information associated with each payee: the corresponding invoice numbers or statement dates; the payment amounts made by the applicant on each invoice or statement; and the amount of costs included in the invoice or statement that are integral to site rehabilitation and being claimed by the applicant. The cost-summary table must also include the dollar amount of the total costs claimed as being integral to site rehabilitation and this dollar amount must be provided at the bottom of the cost-summary table;

(g) A certification form stating that rehabilitation activities associated with the documentation submitted pursuant to paragraph (e) have been conducted under the observation of, and related technical documents have been signed and sealed by, an appropriate registered technical professional in each contributing technical discipline [Section V. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.]; and

(h) Proof that the documentation submitted pursuant to paragraph (e) has been reviewed and verified by an independent CPA in accordance with standards established by the American Institute of Certified Public Accountants [Section VI. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.]. The CPA’s report shall clearly state the total costs integral to site rehabilitation claimed in the application and the total costs integral to site rehabilitation approved by the CPA. A copy of the CPA’s report shall be submitted with the tax credit application [refer to A Guideline for Agreed-Upon Procedures Attestation Service for the Voluntary Cleanup Tax Credit (VCTC) Program, dated December 2021, referenced in subsection 62-788.151(1), F.A.C.].

(3) The CPA and appropriate registered technical professional(s) submitting forms as part of a tax credit application shall verify such forms. Verification shall be accomplished as provided in Section 92.525(2), F.S., and subject to the provisions of Section 92.525(3), F.S. This verification requirement is accomplished by completing and signing the appropriate certifications included as part of the application form, Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.

(4) For purposes of Rule 62-788.301, F.A.C., integral costs are those the tax credit applicant(s) incurred and paid in the applicable timeframe that were “integral to site rehabilitation,” as defined in Rule 62-788.201, F.A.C. Site rehabilitation costs include activities conducted pursuant to Chapter 62-780, F.A.C. In addition to the express definition of “integral to site rehabilitation” as defined in Rule 62-788.201, F.A.C., the Department defines the following costs as not being integral to site rehabilitation and are therefore ineligible for tax credit consideration:

(a) Costs related to Brownfield area designation and preparing a tax credit application (as detailed in Section 376.30781(14)(d), F.S.);

(b) Costs of demolition or vegetation or tree removal not directly associated with integral site rehabilitation activity;

(c) Costs to address contamination that is from a source outside of the tax credit applicant’s site being addressed under a VCA or BSRA;

(d) Costs related to expedited laboratory analyses;

(e) Costs of bonds or supplemental insurance that is not directly associated with integral site rehabilitation activity;

(f) Unpaid contractor retainage costs or claimed retainage costs for work performed in a year beyond the applicable application timeframe;

(g) Costs to remove or close in place an underground or aboveground storage tank (which is considered a compliance activity in accordance with Chapter 62-761 or 62-762, F.A.C.);

(h) Costs for Hazardous Waste Operations and Emergency Response training of staff;

(i) Any fees, deductibles, or copayments required to be paid for those participating in a state-funded cleanup program pursuant to Sections 376.305, 376.3071, 376.30713, 376.3072, and 376.3078, F.S.

(j) Costs of administrative activities or legal discussions related to property transactions, contracts, late fees, or financial audits not directly associated with integral to site rehabilitation activities;

(k) Costs for grant-required activities that are not integral to site rehabilitation;

(l) Costs for sampling or mitigation of asbestos, methane, or lead-based paint; and

(m) Costs for engineering controls that are not integral to site rehabilitation. Building slabs or foundations can be approved engineering controls over contaminated material to reduce or eliminate the potential for migration of, or exposure to, contaminants, pursuant to Rules 62-780.301 and 62-780.680, F.A.C., including the supporting subbase material (fill pad) and the poured slab or foundation. Building slab and foundation costs are prorated in relation to what is integral to site rehabilitation for the engineering control to be effective to reduce or eliminate potential for migration of or exposure to contaminants per Chapter 62-780, F.A.C., and will exclude any costs associated with the slab or foundation that are in excess of what is required to be an engineering control. In addition, costs for thicker sidewalks or parking lots, rebar reinforcement, excess subbase material, building footers or stem walls that are not integral to site rehabilitation for the engineering control to be effective to reduce or eliminate potential for migration of or exposure to contaminants per Chapter 62-780, F.A.C., will also be excluded if they are in excess of what is required to be an engineering control.

(5) This rule shall be reviewed, and if necessary, repealed or renewed through the rulemaking process five years from the effective date.

History

• Rulemaking Authority 376.30781 FS. Law Implemented 220.1845, 376.30781 FS. History–New 3-9-22, Amended 5-10-26.

Fla. Admin. Code R. 62-788.311 Site Rehabilitation Completion Order Bonus Voluntary Cleanup Tax Credit Application Process

(1) Tax credit applicants that complete site rehabilitation at a contaminated or Brownfield site and receive an SRCO are eligible to receive a one-time additional tax credit, which shall be calculated using the percentage and the amount for the SRCO Bonus Tax Credit Type in Table 1, based only upon the total site rehabilitation costs that the Department has determined eligible for the VCTC in previous site rehabilitation applications (or current, if final year costs are claimed at the same time as the SRCO bonus). To receive the SRCO bonus tax credit, the tax credit applicant shall submit a copy of the SRCO with its application form, excluding previously submitted annual site rehabilitation cost documentation. However, in order for the tax credit applicant to claim the SRCO bonus tax credit in the same year as the final year’s annual site rehabilitation costs, the tax credit applicant must submit its claim for both the final year’s site rehabilitation costs and the SRCO bonus tax credit in the same application. If multiple tax credit applicants are submitting an application, then they must indicate on the application form each tax credit applicant’s percentage contribution toward payment of total site rehabilitation costs.

(2) The tax credit applicant, or multiple tax credit applicants working jointly, must claim the SRCO bonus tax credit within two calendar years of the SRCO being issued. The tax credit applicant shall submit an application using Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C. In addition to the requirements of subsection 62-788.101(3), F.A.C., the application must include the following:

(a) A completed and signed affidavit [Section VII. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.] from each tax credit applicant (multiple tax credit applicants submitting a joint application must each sign a separate affidavit) certifying that all information contained in the application is true and correct;

(b) If the application is submitted by the real property owner, then the Real Property Owner Affidavit section of the application form [Section II.D. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.] must also be completed and signed by the real property owner stating that it is not, and has never been, the owner or operator of the drycleaning facility where the contamination exists;

(c) A copy of the SRCO pursuant to subsection 62-788.311(1), F.A.C.;

(3) This rule shall be reviewed, and if necessary, repealed or renewed through the rulemaking process five years from the effective date.

History

• Rulemaking Authority 376.30781 FS. Law Implemented 220.1845, 376.30781 FS. History–New 3-9-22, Amended 5-10-26.

Fla. Admin. Code R. 62-788.321 Affordable Housing Bonus Voluntary Cleanup Tax Credit Application Process

(1) A tax credit applicant, or multiple tax credit applicants working jointly, claiming the affordable housing bonus tax credit can file a one-time application for this additional credit using Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C. The affordable housing bonus tax credit amount per brownfield site, as identified and described in the BSRA, shall be calculated using the percentage and the amount for the Affordable Housing Bonus Tax Credit Type in Table 1, based upon the total site rehabilitation costs that the Department has determined eligible for the VCTC since July 1, 2006, in previous site rehabilitation applications (or current, if final year costs are claimed at the same time as this bonus). If multiple tax credit applicants are submitting an application, then they must indicate on the application form each tax credit applicant’s percentage contribution toward payment of total site rehabilitation costs since July 1, 2006.

(2) Tax credit applicants shall claim the affordable housing bonus tax credit when the requirements listed in Section 376.30781(3)(d), F.S., are met, and are not required to include site rehabilitation documentation previously submitted. Though use of the entire Brownfield site must be limited to housing, the affordable housing bonus tax credit amount can be prorated if some portion of the housing development does not meet the definition of affordable (e.g., “market rate” units).

(3) Complete applications for the affordable housing bonus tax credit must be submitted to the Department’s Division of Waste Management in Tallahassee. A tax credit applicant shall submit an application using Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C. In addition to the requirements of subsection 62-788.101(3), F.A.C., the application must include the following:

(a) A completed and signed affidavit [Section VII. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.] from each tax credit applicant (multiple tax credit applicants submitting a joint application must each sign a separate affidavit) certifying that all information contained in the application is true and correct;

(b) A certification letter pursuant to Section 376.30781(3)(d), F.S.

(4) This rule shall be reviewed, and if necessary, repealed or renewed through the rulemaking process five years from the effective date.

History

• Rulemaking Authority 376.30781 FS. Law Implemented 220.1845, 376.30781 FS. History–New 3-9-22.

Fla. Admin. Code R. 62-788.331 Health Care Bonus Voluntary Cleanup Tax Credit Application Process

(1) A tax credit applicant, or multiple tax credit applicants working jointly, claiming the health care bonus tax credit can file a one-time application for this additional credit using Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C. The health care bonus tax credit amount per brownfield site, as identified and described in the BSRA, shall be calculated using the percentage and the amount for the Health Care Bonus Tax Credit Type in Table 1, based upon the total site rehabilitation costs that the Department has determined eligible for the VCTC since January 1, 2008, in previous site rehabilitation applications (or current, if final year costs are claimed at the same time as this bonus). If multiple tax credit applicants are submitting an application, then they must indicate on the application form each tax credit applicant’s percentage contribution toward payment of total site rehabilitation costs since January 1, 2008.

(2) Tax credit applicants shall claim the health care tax credit when the requirements listed in Section 376.30781(3)(f), F.S., are met, and are not required to include site rehabilitation documentation previously submitted.

(3) Complete applications for the health care bonus tax credit must be submitted to the Department’s Division of Waste Management in Tallahassee. A tax credit applicant shall submit an application using Form 62-788.900(1), incorporated by reference in subsection 62-788.101(1), F.A.C. In addition to the requirements of subsection 62-788.101(3), F.A.C., the application must include the following:

(a) A completed and signed affidavit [Section VII. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.] from each tax credit applicant (multiple tax credit applicants submitting a joint application must each sign a separate affidavit) certifying that all information contained in the application is true and correct;

(b) The documentation required by Section 376.30781(3)(f), F.S.

(4) This rule shall be reviewed, and if necessary, repealed or renewed through the rulemaking process five years from the effective date.

History

• Rulemaking Authority 376.30781 FS. Law Implemented 220.1845, 376.30781 FS. History–New 3-9-22.

Fla. Admin. Code R. 62-788.341 Solid Waste Removal Voluntary Cleanup Tax Credit Application Process

(1) A tax credit applicant, or multiple tax credit applicants jointly conducting solid waste removal from a Brownfield site, as identified and described in the BSRA, and claiming the solid waste removal tax credit can file a one-time application for this tax credit using Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C. The solid waste removal tax credit shall be calculated using the percentage and the amount for the Solid Waste Removal Tax Credit Type in Table 1, based upon the costs for solid waste removal from the Brownfield site that have been incurred and paid since July 1, 2006. If multiple tax credit applicants are submitting an application, then they must indicate on the application form each tax credit applicant’s percentage contribution toward payment of solid waste removal costs since July 1, 2006. Claims for the solid waste removal tax credit are not subject to a calendar-year limitation or annual filing deadline. Instead, the tax credit applicant shall submit the one-time solid waste removal VCTC claim when the tax credit applicant determines that the solid waste removal is complete.

(2) To receive the solid waste removal tax credit, the tax credit applicant must submit a statement with its application form indicating that, to the best of the tax credit applicant’s knowledge, the Brownfield site identified and described in the BSRA was never operated as a permitted solid waste disposal area, as defined in subsection 62-788.201, F.A.C. The statement is included in Section IV.F. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.

(3) Complete applications for the solid waste removal tax credit must be submitted to the Department’s Division of Waste Management in Tallahassee. A tax credit applicant shall submit an application using Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C. In addition to the requirements of subsection 62-788.101(3), F.A.C., the application must include the following:

(a) A completed and signed affidavit [Section VII. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.] from each tax credit applicant (multiple tax credit applicants submitting a joint application must each sign a separate affidavit) certifying that all information contained in the application, including all records of costs incurred and paid and claimed in the tax credit application, are true and correct;

(b) Proof that the tax credit applicant has entered into a BSRA. A copy of the cover page and the signature page of the BSRA will suffice as proof;

(c) The statement required by subsection 62-788.341(2), F.A.C.;

(d) Copies of documents that clearly describe the goods or services and associated costs that are being claimed in the application. Documents that include costs for goods or services that are not being claimed in the application shall be clearly annotated or shall otherwise clearly identify such goods or services and unclaimed costs. Copies of documents for goods or services that are being claimed shall demonstrate a link between the contractual records, the payment requests associated with the contractual records, and the payment records for the claimed portions of the payment requests, as required by each of the following three subparagraphs:

1. Contractual records must describe the scope of work performed that was related to solid waste removal during the time period covered by the application. These contractual records shall correlate the costs claimed with both the payment requests and the payment records provided in accordance with subparagraphs 62-788.341(3)(d)2. and 3., F.A.C. If the tax credit applicant did not procure the services listed on the contractual records included in the application, then the tax credit applicant must explain its relationship to the entity that procured those services. Examples of such contractual records include contracts, documentation of contract negotiations, proposals, work orders, task assignments, and change orders;

2. Payment requests that describe the goods or services provided for solid waste removal during the time period covered by the application. These payment requests shall correlate the costs claimed with both the contractual records and payment records provided in accordance with subparagraphs 62-788.341(3)(d)1. and 3., F.A.C. The payment requests must include the name of the payee, a description of the goods or services provided, the period of service during which the goods or services were provided, the date upon which the payment request was issued, and the total amount being requested. Examples of such payment requests include, but are not limited to, invoices, payment applications, sales tickets, and account statements. Payment requests that include costs for goods or services that are not being claimed in the VCTC application must clearly identify which costs are being claimed; and

3. Payment records involving actual costs incurred and paid for solid waste removal during the time period covered by the application. These payment records shall correlate the costs claimed with both the contractual records and the payment requests provided in accordance with subparagraphs 62-788.341(3)(d)1. and 2., F.A.C. The payment records shall also demonstrate that the tax credit applicant, which must be the signatory to the BSRA, paid the costs for solid waste removal. Payment records include, but are not limited to, cancelled checks and bank statements that show payment was received by the payee;

(e) A cost-summary table that clearly summarizes the information required by paragraph 62-788.341(3)(d), F.A.C., must be provided. The cost-summary table must list all payee name(s) and include, at a minimum, the following information associated with each payee: the corresponding invoice numbers or statement dates; the payment amounts made by the applicant on each invoice or statement; and the amount of costs included in the invoice or statement that are related to solid waste removal and being claimed by the applicant. The cost-summary table must also include the dollar amount of the total costs claimed for solid waste removal and this dollar amount must be provided at the bottom of the cost-summary table;

(f) A certification form stating that the solid waste removal associated with the documentation submitted pursuant to paragraph (d) has been conducted under the observation of, and related technical documents have been signed and sealed by, an appropriate registered technical professional in each contributing technical discipline. However, if the scope of the solid waste removal does not require oversight by a registered technical professional in this state, the registered technical professional certification form is not required as part of the solid waste removal tax credit application [Section V. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.]; and

(g) Proof that the documentation submitted pursuant to paragraph (d) has been reviewed and verified by an independent CPA in accordance with standards established by the American Institute of Certified Public Accountants [Section VI. of Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.]. The CPA’s report shall also clearly state the total solid waste removal costs claimed in the application and the total solid waste removal costs approved by the CPA. A copy of the CPA’s report shall be submitted with the tax credit application [refer to A Guideline for Agreed-Upon Procedures Attestation Service for the Voluntary Cleanup Tax Credit (VCTC) Program, dated December 2021, referenced in subsection 62-788.151(1), F.A.C.].

(4) The CPA and appropriate registered technical professional(s) submitting forms as part of a tax credit application shall verify such forms. Verification shall be accomplished as provided in Section 92.525(2), F.S., and subject to the provisions of Section 92.525(3), F.S. This verification requirement is accomplished by completing and signing the appropriate certifications included as part of the application form, Form 62-788.101(1), incorporated by reference in subsection 62-788.101(1), F.A.C.

(5) For purposes of Rule 62-788.341, F.A.C., integral costs are those the tax credit applicant(s) incurred and paid to perform solid waste removal as defined in Rule 62-788.201, F.A.C. Eligible solid waste removal costs are further described as follows:

(a) Costs for transporting solid waste, even if the solid waste contains recoverable material that could have been, but was not, separated from the solid waste:

1. Off the Brownfield site to a licensed or exempt solid waste management facility, or

2. To a temporary storage area meeting the requirements of this subparagraph. The temporary storage area must be approved or exempt as follows:

a. If the temporary storage area is located off the Brownfield site, it must operate only in accordance with a permit issued pursuant to Chapter 62-701, F.A.C.;

b. If the temporary storage area is located on the Brownfield site, it must operate only in accordance with either a permit issued pursuant to Chapter 62-701, F.A.C., or only in accordance with specific written authorization in the BSRA; or

c. If the temporary storage area is located on the Brownfield site and is within the footprint of the solid waste disposal area being removed, it is exempt from the requirement for a solid waste permit in accordance with Section 403.707(1), F.S., provided the Department is notified at least seven days before temporary storage begins and that the temporary storage area meets the following requirements:

(I) The storage area must be operated so that the activity will not cause or contribute to any uncontrolled discharge to the environment of leachate, storm water, or gas;

(II) Any hazardous waste that is generated by this activity must be managed in accordance with Chapter 62-730, F.A.C.; and

(III) If the solid waste being stored includes Class I solid waste as defined in Rule 62-701.200, F.A.C., the storage area must be evaluated as soon as the temporary storage activities cease to ensure that no soil or ground water contamination in excess of applicable standards or criteria remains;

(b) Costs for sorting and screening, provided that such processing occurs on the Brownfield site; and

(c) Costs for deposition of the solid waste at a permitted or exempt solid waste management facility, whether the solid waste is disposed of or recycled. However, costs associated with the deposition of recovered materials that were separated from the solid waste stream are not integral.

(6) The tax credits claimed pursuant to Rule 62-788.341, F.A.C., shall not include costs associated with solid waste that is created at the Brownfield site as part of the site’s redevelopment activities, such as land clearing debris or construction and demolition debris, or costs that are not considered necessary to perform solid waste removal, such as Brownfield area designation and tax credit application preparation and submittal costs.

(7) This rule shall be reviewed, and if necessary, repealed or renewed through the rulemaking process five years from the effective date.

History

• Rulemaking Authority 376.30781 FS. Law Implemented 220.1845, 376.30781 FS. History–New 3-9-22, Amended 5-10-26.

Fla. Admin. Code R. 62-788.400 Eligibility Determination

History

• Rulemaking Authority 376.30781 FS. Law Implemented 376.30781 FS. History–New 3-31-99, Repealed 2-16-12.

Fla. Admin. Code R. 62-788.401 Eligibility Determination

(1) Tax credit allocation will be conducted on a first-come, first-served basis based upon the date and time complete applications are received by the Department’s Division of Waste Management.

(2) Complete applications will secure a position in the first-come, first-served application line for allocation of tax credits and will be reviewed for eligibility, in conjunction with the applicable CPA and technical professional documents, to verify that the work was either integral to site rehabilitation or was for solid waste removal; that the work claimed was performed in the applicable timeframe; and that the costs claimed were properly documented. Complete applications for bonus tax credits with no site rehabilitation or solid waste removal component will be part of the same first-come, first-served application line. Incomplete applications will not secure a position in the first-come, first-served order for allocation of tax credits, and shall instead be addressed pursuant to subsection (3) below, as applicable.

(3) When an application is determined to be incomplete, either by the tax credit applicant or by the Department, the process to cure the application is guided by the timing this determination is made in relation to the annual application deadline and the type of application submitted:

(a) If, after initial submittal of an annual site rehabilitation application, but prior to the January 31 annual application deadline, pursuant to subsection 62-788.301(3), F.A.C., the tax credit applicant can correct and re-submit the application by the January 31 annual application deadline. In this case, the application’s place in the first-come, first-served order line would be the date and time the corrected application (or supplemental material) was received by the Department.

(b) If after the January 31 annual application deadline, the Department determines that the annual tax credit application is incomplete, the Department shall notify the tax credit applicant in writing by the method indicated on the application form. The tax credit applicant shall have 30 days after receiving such notification to correct any deficiencies. Upon timely correction of any deficiencies, as evidenced by the date and time that the now complete tax credit application is received by the Department, the application shall secure a place in the first-come, first-served application line and shall be processed pursuant to subsection (2) above. However, tax credit applicants correcting completeness deficiencies identified by the Department cannot otherwise change or supplement their application.

(c) Tax credit applicants not subject to the January 31 annual application deadline (i.e., solid waste or any bonus application with no annual site rehabilitation component) shall have one opportunity to correct completeness deficiencies identified by the Department in the original submittal. The Department shall notify such tax credit applicants in writing by the method indicated on the application form. The tax credit applicant shall have 30 days after receiving such notification to correct any deficiencies. Upon timely correction of any deficiencies, as evidenced by the date and time that the now complete tax credit application is received by the Department, the application shall secure a place in the first-come, first-served application line and shall be processed pursuant to subsection (2) above. However, tax credit applicants correcting completeness deficiencies identified by the Department cannot otherwise change or supplement their application, including the addition of supplemental solid waste removal costs, if applicable.

(4) The Department will review each complete tax credit application package submitted by an applicant to verify that the tax credit applicant has met the qualifying statutory and rule criteria for the tax credits being sought. The Department shall have until June 1 (for annual site rehabilitation applications subject to the January 31 deadline) to issue a written decision granting eligibility for tax credits, in accordance with the percentages and the amounts specified in Table 1. The June 1 deadline for annual site rehabilitation tax credit certificate awards shall not apply to any tax credit application for which the Department has issued a notice of deficiency pursuant to paragraph 62-788.401(3)(b), F.A.C.; instead, the Department shall respond to those applications within 120 days of receiving the completing documentation. The Department shall respond to any solid waste or bonus application with no annual site rehabilitation component within 120 days of the date the application is deemed complete.

(5) If multiple tax credit applicants are submitting a joint application, each tax credit applicant shall receive a separate order (and tax credit certificate) awarding tax credits in the same proportion as their contribution toward payment of site rehabilitation costs or solid waste removal costs, as applicable. Tax credits for bonus applications submitted by multiple tax credit applicants will similarly be awarded in the same proportion as the tax credit applicants’ contribution toward payment of site rehabilitation costs.

(6) The Department shall be responsible for allocating the tax credits not to exceed the amount authorized annually pursuant to Section 376.30781, F.S.

(7) This rule shall be reviewed, and if necessary, repealed or renewed through the rulemaking process five years from the effective date.

History

• Rulemaking Authority 376.30781 FS. Law Implemented 220.1845, 376.30781 FS. History–New 3-9-22, Amended 5-10-26.

Fla. Admin. Code R. 62-788.900 Forms

History

• Rulemaking Authority 376.30781 FS. Law Implemented 376.30781 FS. History–New 3-31-99, Repealed 2-16-12.

Chapter 62-807 NATURAL GAS TRANSMISSION PIPELINE SITING

Fla. Admin. Code R. 62-807.100 Purpose

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9401-.9425 FS. History–New 8-12-93, Formerly 17-807.100, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.200 Definitions

Words, terms, and phrases used in this chapter, unless otherwise indicated, have the meaning set forth in Section 403.9403, F.S. In addition, the following words, when used in these rules, have the indicated meanings:

(1) “Act” means the Natural Gas Transmission Pipeline Siting Act, Sections 403.9401-.9425, F.S.

(2) “Access roads” means roads constructed within the pipeline right-of-way. Nothing in this Act prohibits an applicant from constructing a road to support construction, operation or maintenance of the pipeline that lies outside the pipeline right-of-way.

(3) “Alternate corridor” means an area proposed by a party under Section 403.9412, F.S., within which all or part of an associated pipeline right-of-way is to be located and that is different from the pipeline corridor proposed by the applicant. Any alternate corridor proposed by the applicant shall be treated as an amendment to the application. The width of the alternate corridor proposed for certification for a pipeline may be the width of the proposed right-of-way or a wider boundary not to exceed the width referenced in Section 403.94055(2), F.S.

(4) “Clerk of the Siting Board” means the person designated as the clerk of the Department.

(5) “Construction” means any clearing of land, erection of structures, excavation or other action by the applicant which would alter the physical environment or ecology of a pipeline right-of-way. Construction does not include those activities essential for surveying, preliminary corridor evaluation, or environmental studies, including trimming of vegetation necessary for such activities, or activities on the right-of-way not associated with the certified facility.

(6) “Corridor” means the proposed area within which the pipeline right-of-way, including access roads if certified, is to be located. The area within the corridor in which a right-of-way may be located may be further restricted by a condition of certification. After all property interests required for the pipeline right-of-way and access roads have been acquired by the applicant, the boundaries of the area certified shall narrow to only that land within the boundaries of the pipeline right-of-way. The corridors proper for certification shall be those addressed in the application, in amendments to the application filed under Section 403.9413, F.S., and in notices of acceptance of proposed alternate corridors filed by an applicant and the Department pursuant to Section 403.9412, F.S., for which the required information for the preparation of agency supplemental reports was filed. Where a primary corridor and secondary corridors are designated, a primary corridor means the corridor which the applicant prefers to have certified, and secondary corridors means corridor segments proposed for certification by the applicant which are alternate to the primary corridor but also are acceptable. A secondary corridor does not refer to a lateral pipeline corridor which may also have a secondary corridor segment.

(7) “Maintenance” means the act of physically maintaining the natural gas transmission pipeline including the right-of-way, and includes activities such as vegetation control, compressor servicing, roadway upkeep, but does not include construction of additional pipeline facilities.

(8) “Precertification amendments” means documentation submitted by the applicant during the application review period pursuant to Section 403.9413(2), F.S., that reflects changes proposed by the applicant to the designs or plans contained in its previously submitted application. It does not mean responses to requests for additional information to make the application complete as determined by reviewing agencies.

(9) “Postcertification amendments” means documentation that reflects changes in the certified project under the provisions of subsection 62-807.600(2), F.A.C.

(10) “Secretary” means the Secretary of the Department of Environmental Protection, or the duly authorized designee.

History

• Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.94055, 403.9408, 403.941, 403.9411, 403.9412, 403.9413, 403.9416 FS. History–New 8-12-93, Formerly 17-807.200, Amended 3-3-15.

Fla. Admin. Code R. 62-807.300 Prohibitions and Applicability

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9405 FS. History–New 8-12-93, Formerly 17-807.300, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.310 Public Service Commission’s Determination of Need

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.941(2), 403.9422 FS. History–New 8-12-93, Formerly 17-807.310, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.400 Application for Corridor Certification, Recipients

(1) Applications for certification shall follow the format and shall be supported by information and technical studies, as prescribed by Section 403.94055, F.S.

(a) The applicant shall provide a preliminary listing of agencies entitled to notice and submittals of the application or precertification amendments. The applicant shall consult with the Department to determine who shall be in receipt of the certification application or precertification amendments for Department use.

(b) The applicant shall consult with each agency identified in Section 403.9411(4)(a), F.S., to determine who should be in receipt of the application for those agencies to conduct their reviews.

(c) Prior to application filing, the applicant may request a meeting between the applicant, the Department and any potentially interested statutory party to define the scope of those entities’ interests and the information they will need to perform the review.

(2) The application shall provide information concerning the corridor, including maps delineating the precise boundary of the corridor, the beginning and end points of the corridor and the locations of the corridor that fall within existing rights-of-way if fee reductions under the provisions of Section 403.9421, F.S., are sought.

(3) Applications shall also include:

(a) Information supporting any request for a variance, exception, exemption or other relief from the non-procedural standards or rules of the Department or from the standards or rules of any other agency, as provided by Section 403.941(2)(b), F.S., including the reasons justifying such relief, and the condition which the applicant seeks to have included in the certification on this issue.

(b) Information describing the works or properties of any agency that the applicant seeks to use, connect to, or cross over, and the intended use.

(c) Even though an applicant may elect to propose a corridor which overlaps with another company’s corridor undergoing certification or other licensing which may provide similar information, the applicant shall still provide in its application the full information required by this section for that overlapping segment, to assure that agencies receive sufficient, up-to-date information.

(4) An applicant may choose at its option to propose segments of more than one corridor in the original application, known as secondary corridors. If information on more than one corridor is included in the application, the applicant must clearly identify the primary corridor, versus any secondary corridor segments.

(5) In order for an application to be deemed filed with the Department, the appropriate application fee prescribed under Section 403.9421, F.S., and Rule 62-807.660, F.A.C., must be submitted to the Department by the applicant. Submittal of the fee is a condition precedent to any further consideration or action on the application by the Department.

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.094055, 403.9407, 403.9415 FS. History–New 8-12-93, Formerly 17-807.400, Amended 3-3-15.

Fla. Admin. Code R. 62-807.420 Application Distribution, Schedule

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9407 FS. History–New 8-12-93, Formerly 17-807.420, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.430 Notice of Application Filing

History

• Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9411(1), 403.9414 FS. History–New 8-12-93, Formerly 17-807.430, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.440 Determination of Sufficiency, Withdrawal

History

• Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9409 FS. History–New 8-12-93, Formerly 17-807.440, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.450 Preliminary Statement of Issues

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.941(1) FS. History–New 8-12-93, Formerly 17-807.450, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.460 Conduct of Studies

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.941 FS. History–New 8-12-93, Formerly 17-807.460, Amended 3-3-15, Repealed 11-26-15.

Fla. Admin. Code R. 62-807.470 Local Government Informational Meetings

(1) In accordance with Section 403.9424, F.S., local governments may hold informational meetings to assist in explaining the project plans and impacts, in order to better solicit comments from the public in their jurisdiction about the project.

(2) Local governments are responsible for the publication of notice about these meetings, but the cost of such a notice is an authorized expense under the reimbursement criteria of Rule 62-807.660, F.A.C.

(3) Any local government intending to conduct an informational public meeting pursuant to Section 403.94243, F.S., may coordinate with the Department and the applicant in the scheduling of that meeting, to assure availability of the Department and the applicant, if so desired.

(4) The format of the meeting is at the discretion of the local government.

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9424 FS. History–New 8-12-93, Formerly 17-807.470, Amended 3-3-15.

Fla. Admin. Code R. 62-807.480 Agency Reports

History

• Rulemaking Authority 403.9404(1),(2) FS. Law Implemented 403.941(2) FS. History–New 8-12-93, Formerly 17-807.480, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.490 Arrangement for Certification Hearing Locations, Notice

History

• Rulemaking Authority 403.9404(1),(2) FS. Law Implemented 403.9411(1) FS. History–New 8-12-93, Formerly 17-807.490, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.500 Analysis by the Department; Conditions

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.941(3) FS. History–New 8-12-93, Formerly 17-807.500, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.510 Agency Reports and Conditions of Certification

(1) Each agency shall prepare a report which shall contain:

(a) A report as to the impacts of the project related to matters within the agency’s jurisdiction as required by Section 403.941(2)(a), F.S.;

(b) Proposed conditions of certification on matters within the agency’s jurisdiction, listing the specific statute, rule, or ordinance, as applicable, that authorizes the proposed condition, as required by Section 403.941(2)(b), F.S.;

(c) Information on variances and exemptions required by Section 403.9416(2)(b), F.S.;

(d) A recommendation of approval or denial including reasons and legal basis of denial, if the agency recommends denial of certification.

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.941(3), 403.9416 FS. History–New 8-12-93, Formerly 17-807.510, Amended 3-3-15.

Fla. Admin. Code R. 62-807.520 Reminder Notice

History

• Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9411(1)(c) FS. History–New 8-12-93, Formerly 17-807.520, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.530 Alternate Corridors, Criteria for Rejection

(1) In accordance with Section 403.9412, F.S., alternate corridors to those proposed by the applicant may be filed by parties to the proceedings, initiating a special review process. In comparison, the application may contain primary and secondary corridors which are distinct from the alternate corridors described herein; these corridors are to be addressed as part of the original application review procedures.

(2) There is no requirement that an agency file an alternate corridor proposal, if it intends to recommend denial of the applicant's proposed corridor.

(3) The filing of an alternate corridor does not reopen for additional review other parts of the corridor for which an alternate has not been proposed.

(4) The Department shall reject a proposed alternate corridor if one or more of the following criteria is met:

(a) The alternate does not have appropriate end points which connect to the remainder of the natural gas transmission pipeline;

(b) The quality of the documents presented in support of a proposed alternate corridor render all or part of the material illegible, or

(c) The information required by Section 403.9412(1)(a), F.S. has not been submitted; however, this will be without prejudice to refile within the deadlines set forth in Section 403.9412, F.S.

(5) Acceptance by the Department of an alternate corridor proposed for consideration pursuant to Section 403.9412(1), F.S., above shall not require the Department to support or oppose certification of such alternate corridor.

(6) Acceptance by the applicant of an alternate corridor proposed for certification shall not require the applicant to support or oppose certification of such alternate corridor.

(7) The alternate corridor proponent’s information submittals pursuant to Section 403.9412(1)(d), F.S., must address the same issues as the original application which are applicable, although such submittals can cross-reference to the original application in regards to data which is basically identical. The level of detail of the alternate corridor proponent’s information submittals pursuant to Section 403.9412(1)(d), F.S., must be commensurate with the scale of change in comparison to the applicant’s original application. For example, if an alternate corridor would shift the corridor several hundred feet from the original proposal, for a distance of a thousand feet, and overlaps slightly with the original corridor, much of the original application information may address the requisite information for the proposed alternate corridor in that area. Cross-referencing to the application in such scenarios will be adequate in most instances. On the other hand, an alternate that shifts the corridor several miles from where originally proposed that is not joined with the other parts of the corridor not in dispute, would require substantially new, detailed information.

(8) Within seven days after determining that the data submitted is sufficient and thus the review of the alternate must continue, the department must prepare a schedule of significant dates to be followed during the rescheduled certification proceedings including dates for filing notices of appearances to be a party pursuant to Section 403.9411(4), F.S.

(9) Local government informational meetings pursuant to Section 403.9424, F.S., may be held no later than 60 days after the notice of filing of an alternate.

History

• Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9412 FS. History–New 8-12-93, Formerly 17-807.530, Amended 3-3-15.

Fla. Admin. Code R. 62-807.540 Certification Hearing – Subject Matter, Procedure, Participants

History

• Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9411, 403.9414, 403.9415(4) FS. History–New 8-12-93, Formerly 17-807.540, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.570 Postcertification – Compliance Reviews, Monitoring and Reporting

(1) At its own expense, the licensee shall conduct such postcertification monitoring and reporting required by the final order of certification of the effects arising from the location of the pipeline corridor, the construction of the pipeline or pipelines and the maintenance of the pipeline right-of-way pursuant to the conditions to assure continued compliance with the terms of certification.

(2) When the final order or conditions of certification require the applicant to submit final project design details as part of a post-certification review in which agencies with regulatory jurisdiction monitor for continuous compliance with their non-procedural requirements, the following procedures will apply unless other specific procedures are required in the final order or conditions of certification:

(a) The Department’s Siting Coordination Office will coordinate the processing of post-certification reviews.

(b) All postcertification submittals of information by the licensee are to be filed with the Department and any other agency indicated in the specific condition requiring the postcertification submittal.

(c) The licensee’s post-certification submittal must provide information sufficient for the reviewing agency(ies) to monitor for continued compliance with the issued certification.

(d) If found by the Department to be incomplete, the licensee shall be so notified by the Department. Failure to issue such a notice within 30 days after filing of the submittal shall constitute a finding of completeness.

(3) Postcertification submittals filed by a licensee with one or more agencies are for the purpose of monitoring for compliance with the issued certification. Postcertification review must be completed within 90 days after complete information for a segment of the certified pipeline is submitted to the reviewing agencies.

(a) Within 90 days of the filing of a complete postcertification submittal, the Department shall give written notification to the licensee and the agencies to which the postcertification information was submitted of its assessment of whether there is reasonable assurance of compliance with the conditions of certification. If it is determined that reasonable assurance has not been provided, the licensee shall be notified with particularity and possible corrective measures suggested. Failure to notify the licensee in writing within 90 days of receipt of a complete postcertification submittal shall constitute a finding of compliance.

(b) If the Department does not give written notification of compliance within the time period specified in subsection (2), above, the licensee may begin construction pursuant to the terms of the conditions of certification and the subsequently submitted construction details.

(4) Any submittal of information pursuant to a requirement contained in a condition of certification is for the purpose of monitoring for compliance with the issued certification. Such a submittal does not provide a point of entry for any person on the adequacy of the postcertification submittal.

(5) Within 90 days after certification, the licensee shall provide a complete summary of those submittals where due dates are identified in the Conditions of Certification. Such submittals include monitoring reports, management plans, and wildlife surveys. The summary shall be provided to the Siting Coordination Office and any affected agency to which a submittal is required to be provided using a sortable spreadsheet in a format substantially similar to the following.

Condition number

Requirement

Due date or timeframe

Name of agency to which the submittal is required to be provided

(6) Where postcertification review of compliance with the conditions of certification is necessary, data quality assurance requirement provisions which would otherwise have been required in the absence of certification must be followed, if not otherwise specified in the conditions.

(7) The licensee, or any agency which received a postcertification submittal pursuant to paragraph (2)(b), above, may dispute a finding by the Department regarding whether a postcertification submittal provides reasonable assurance of compliance with the conditions of certification, within 30 days after receiving notice of the Department’s findings. Upon notification of a dispute, the Department shall immediately refer the matter to the Division of Administrative Hearings (DOAH) for disposition in accordance with the provisions of Chapter 120, F.S. A hearing under Section 120.57(1), F.S., shall be held within 30 days after its referral to DOAH. The Administrative Law Judge shall issue the decision 30 days after the termination of such hearing. All exceptions to the Administrative Law Judge’s order shall be filed with the Department, as Staff to the Siting Board, within 10 days of the issuance of such order. The Department, as Staff to the Siting Board, shall issue a decision within 30 days of the filing of the exceptions. The time requirements under this condition may be altered by agreement of the parties to the dispute.

(8) The issue of postcertification compliance reviews will be limited to the technical merits of reasonable assurance of compliance with conditions of certification, including any restrictions on pipeline or access road locations within the corridor. Such restrictions may include restricted areas within the corridor or objective standards to be applied in establishing the pipeline road locations. All such restrictions for the project will have already been established by certification. Construction may occur on components or sections of the pipeline, access roads, or compressor stations for which compliance with the conditions of certification have been demonstrated so long as no construction occurs which will affect the component or sections at issue. A postcertification compliance review may be the basis for initiating modifications to the relevant condition or to other related conditions.

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9416(2), (3) FS. History–New 8-12-93, Formerly 17-807.570, Amended 3-3-15.

Fla. Admin. Code R. 62-807.580 Postcertification – Easements

(1) Where the certification is issued requiring approval for easement or other interest in state lands, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund (Trustees), the licensee must apply directly to the Trustees for each required easement or other interest in state lands for such approval. Likewise, the licensee must apply to the appropriate water management district (WMD) for easement-approval for lands for which the title is vested in a WMD created pursuant to Chapter 373, F.S. The licensee must forward the easement approval request to the Department. The Trustees or WMD, or the licensee if the Trustees or WMD fails to do so, must forward the letter of approval for such easement or other interest to the Department so that the Department can verify compliance with the conditions of certification.

(2) An applicant may apply to the Trustees or a WMD for an easement or other interest in land either before or after filing an application for the certification of a pipeline corridor. Such application may also be sought during the certification proceedings. The Trustees or WMD may condition any easement or other authorization to use lands granted prior to certification to require certification before the authorized use is commenced.

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9416(3) FS. History–New 8-12-93, Formerly 17-807.580, Amended 3-3-15.

Fla. Admin. Code R. 62-807.590 Corridor, Notice of Certified Corridor

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 119, 403.94055, 403.9417 FS. History–New 8-12-93, Formerly 17-807.590, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.600 Amendments to Application

Amendments to the application, and project design specifications contained therein, may be filed at any time prior to certification, or after. However, different processing requirements will apply, depending on the timing in relation to the certification proceeding.

(1) The following applies to any pre-certification amendments:

(a) Any amendments made to the application must be sent by the applicant to all parties to the proceeding as well as to all recipients of the application.

(b) Where applicable, the application amendment fee specified by Section 403.9421(3), F.S., must be submitted in accordance with Rule 62-807.660, F.A.C.

(c) Amendments to an application must include appropriate revisions to the application text, figures, and photographs, to reflect the changes.

(d) An amendment will be subject to the conduct of a sufficiency review pursuant to Section 403.9409, F.S., and the department may request that the certification schedule be adjusted to allow for this review, if necessary, and to permit agencies an adequate time to include an evaluation of this information in their reports.

(e) If the applicant files an amendment after the submission of agency reports to the Department, the Department shall request that the Administrative Law Judge adjust the certification schedule to the extent additional time is necessary to allow for agencies to conduct a sufficiency review of the amended application and submit their revised agency reports.

(f) If the applicant files an amendment after the issuance of the Department’s written analysis, the Department shall request that the Administrative Law Judge adjust the certification schedule to the extent additional time is necessary to review the effect of the filing on the overall application review process. The request shall take into account whether the amendment was made in response to previously considered matters such as alternate filings.

(g) After the department has issued its written analysis, any proposed corridor changes shall be sent to all the parties and filed with the Administrative Law Judge for disposition, rather than the Department.

(2) The following applies to any postcertification amendments:

(a) All amendment filings shall comply with paragraph (1)(c), above.

(b) If additional significant adverse impacts will not occur and the conditions of certification will not be changed, then the amendment will not be considered a modification under the provisions of Section 403.9418, F.S., and Rule 62-807.610, F.A.C.

(c) Fees will be appropriately applied as prescribed in Section 403.9421(2), F.S.

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9403(4), 403.94055(1), 403.9413 FS. History–New 8-12-93, Formerly 17-807.600, Amended 3-3-15.

Fla. Admin. Code R. 62-807.610 Modifications

(1) Except as otherwise provided in the conditions of certification, the licensee shall petition to modify certification for all changes in pipeline corridor alignment.

(2) Except as otherwise provided in the conditions of certification, expansions in right-of-way width following the narrowing of the certified area pursuant to Section 403.94055(2), F.S., will be considered modifications pursuant to Section 403.9418, F.S.

(3) Once all property interests required for the right-of-way have been acquired by the licensee, the area of the corridor certified narrows to only that land within the boundaries of the right-of-way, unless specified otherwise by the conditions of certification. Under the provisions of Section 403.94055(2), F.S., this shall not be construed to require a modification or further agency review.

(4) Modifications requested by a licensee shall be processed in accordance with Section 403.9418, F.S.

(a) To be deemed properly filed, the licensee shall consult with the Department to determine who should be in receipt of modification information, and shall provide those agencies with modification information.

(b) The petition shall be reviewed for completeness. Within 25 days of the filing of the petition with the Department, agencies with jurisdictional matters affected by the proposal shall file completeness recommendations with the Department. Within 30 days of the filing of the petition with the Department, the Department shall issue a completeness determination. Any subsequent information filings intended to render the petition complete shall be reviewed by the agencies and the Department under these same deadlines.

(c) If no objections are received from the parties to the prior certification proceedings within 45 days after issuance of the notice by mail, or within 30 days after publication of notice by the Department pursuant to Section 403.9411(1)(e), F.S., then the Department shall issue a Final Order on the modification consistent with the noticed proposed order. If written objections are filed that address only a portion of the proposed order on a modification, then the Department shall issue a Final Order on the portion of the modification to which no objections were timely filed, unless that portion of the requested modification is substantially related to or necessary to implement the portion to which written objections are timely filed.

(d) If objections are filed, the provisions of Chapter 120, F.S., shall govern.

History

• Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9418 FS. History–New 8-12-93, Formerly 17-807.610, Amended 3-3-15.

Fla. Admin. Code R. 62-807.620 Replacements

Emergency replacement of natural gas transmission pipelines certified under the Act will not be considered a modification pursuant to Section 403.9418, F.S. A verbal report of the emergency must be made to the department as soon as possible. Within 30 days after correction of the emergency, a written report to the department and the PSC must be made outlining the details of the emergency and the steps taken for its relief. The written report must describe all of the work performed and must set forth any pollution control measures or mitigative measures which were utilized or are being utilized to prevent pollution of waters, harm to sensitive areas or alteration of archaeological or historical resources.

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9404(8), 403.9418 FS. History–New 8-12-93, Formerly 17-807.620, Amended 3-3-15.

Fla. Admin. Code R. 62-807.630 Review, Enforcement

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9419 FS. History–New 8-12-93, Formerly 17-807.630, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.640 Revocation or Suspension of Certification

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9425 FS. History–New 8-12-93, Formerly 17-807.640, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.650 Termination of Certification

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9416 FS. History–New 8-12-93, Formerly 17-807.650, Repealed 2-16-12.

Fla. Admin. Code R. 62-807.660 Fees, Disbursement of Funds, Contracts

(1) The department will take no action on any application or petition for modification until it has received the appropriate fee described in Section 403.9421, F.S. When computing the fee, the following will apply:

(a) The corridor length is to be measured along the centerline of the corridor.

(b) When determining the fee amount to be charged for that portion of the fee which is based on location of the pipeline in those existing rights-of-way specified in Section 403.9421, F.S., in order to be eligible for the $500 per mile rate allowed by the Act, the width of the corridor requested for certification must be wholly contained within the existing rights-of-way, and only applies to the length of the shared rights-of-way. Where the corridor extends beyond the edge of the shared right-of-way, the $1,000.00 per mile fee applies.

(c) Portions of a mile are to be computed on a decimal basis, e.g. the application fee for 74.30 miles of routing which is not within an existing road right-of-way would fall under the category $1,000.00/mile, thus $74,300.00. The total fee in this scenario would be the base amount of $240,000.00 plus the $74,300.00, equaling $314,300.00.

(d) When an applicant proposes secondary corridor segments in addition to the primary corridor for consideration for certification, the application fee must be computed on the basis of the longest resulting corridor.

(2) All fees must be paid by check made payable to the department. All fees received from applicants under this Act will be deposited into the department’s Operating Trust Fund.

(3) Pursuant to Section 403.9415(7), F.S., the applicant will pay the appropriate post-certification fee to the Department.

(4) The following applies to management of the fees:

(a) In order to receive reimbursement for participation in the proceedings, the affected agencies must submit invoices for reimbursement to the Department’s Siting Coordination Office for a validity review prior to processing by the Department’s Bureau of Finance & Accounting. The invoices must be submitted no later than 45 days after final action by the Siting Board or after notification of withdrawal of the application. Invoices received after the deadline shall not be deemed eligible for reimbursement unless good cause is demonstrated to the Department. Each invoice must be accompanied by an itemization of the time and expenses incurred in accordance with state auditing procedures.

(b) Authorized agency expenses for affected agencies may only include direct costs for those items identified in Section 403.9421(5)(c)1., F.S.

(c) If contractual services are necessary, all contracts must be directly related to the evaluation of the application. Any agency intending to incur an expense for a contract for studies pursuant to Section 403.941, F.S., must first obtain approval from the Department for the amount and purpose of such expenditure. All such studies must be related to the jurisdiction of the agencies and must be directly related to the evaluation of the application. Any such contract must specify that:

1. Receipt of the final results must be available in time for agency report submittals.

2. The studies shall be finalized in writing.

3. Final reimbursement to the contractor shall not occur unless complete results are submitted such that the schedule of subparagraph 1., above, can be met.

4. The contractor agrees to be available to act as a witness in certification proceedings.

(5) If the application is withdrawn, the Department will request all agencies to submit invoices for reimbursement and the applicant will be refunded whatever amount remains after subtraction of all approved documented agency expenses.

History

• Rulemaking Authority 403.9404(1) FS. Law Implemented 403.9409(1)(a), 403.9421 FS. History–New 8-12-93, Formerly 17-807.660, Amended 3-3-15.

Fla. Admin. Code R. 62-807.670 Public Noticing Requirements

(1) The applicant shall provide newspaper notice as required by Section 403.9411, F.S., using the templates listed below. Templates may be obtained from the Department of Environmental Protection, Siting Coordination Office, or by accessing the Office’s web site at http://www.dep.state.fl.us/siting or at the hyperlink provided below. The content of any notice may be different than that provided in this section so long as the deviation does not materially and substantially alter the substance of such notice. All notices shall, with the exception of the Petition to Modify notice, be published in accordance with Section 403.9411(1)(d), F.S.;

(a) Notice of Filing Certification Application for Natural Gas Pipeline Cooridor(s), DEP Template 62-807.670(1)(a), effective March 2015, adopted and incorporated herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-05080. This notice shall be published within 15 days after application has been determined complete.

(b) Notice of Certification Hearing On Proposed Natural Gas Pipeline Corridor(s), DEP Template 62-807.670(1)(b), effective March 2015, adopted and incorporated herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-05081. This notce shall be published at least 80 days prior to the date set for the certification hearing.

(c) Reminder Notice for Originally Scheduled or Rescheduled Certification Hearing ‒ DEP Template 62-807.670(1)(c), effective March 2015, adopted and incorporated herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-05082. This notice shall:

1. Be a minimum of one-eighth page in size in a standard size newspaper, or one-quarter page in size in a tabloid size newspaper covering the same geographic area specified in paragraph (1)(a).

2. Contain a reminder of the time, date, and location of the hearing, and may contain the location for viewing of any prefiled written direct testimony.

3. Be published no more than 10 days before the date set for the hearing.

(d) Notice on Rescheduled Natural Gas Pipeline Certification Hearing Due to Filing of Alternate Corridor(s) ‒ DEP Template 62-807.670(1)(d), effective March 2015, adopted and incorporated herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-05083. This notice shall be published at least 80 days prior to the rescheduled certification hearing.

(e) Notice of Receipt of Petition to Modify Certified Natural Gas Pipeline Corridor DEP Template 62-807.670(1)(e), effective March 2015, adopted and incorporated herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-05084, shall be used. This notice shall:

1. Be published no later than 15 days from filing the petition with the Department,

2. Be of a size commensurate with the scope of the modification, but no greater than that for the original application,

3. Be published in the newspaper of general circulation where proposed changes will take effect; and,

4. Must contain a map showing the location of any proposed changes.

(2) The proponent of an alternate corridor shall provide newspaper notice as required by Section 403.9412, F.S., using the form and procedures listed above in subparagraphs (1)(a)3. and 4.

History

• Rulemaking Authority 403.9404(1), (2), 403.9411(1)(f) FS. Law Implemented 403.9411(1), 403.9412, 403.9418, 403.815 FS. History–New 8-12-93, Formerly 17-807.670, Amended 3-3-15.

Fla. Admin. Code R. 62-807.680 Specifications for Florida Administrative Weekly Notice

History

• Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9411(1) FS. History–New 8-12-93, Formerly 17-807.680, Repealed 3-3-15.

Fla. Admin. Code R. 62-807.690 Evidence of Notice, Additional Notice

History

• Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9411(1), 403.9414 FS. History–New 8-12-93, Formerly 17-807.690, Amended 3-3-15, Repealed 11-26-15.

Fla. Admin. Code R. 62-807.900 Form

History

• Rulemaking Authority 403.9404(1), (2) FS. Law Implemented 403.9404(2), 403.94055(1) FS. History–New 8-12-93, Formerly 17-807.900, Repealed 3-3-15.

Chapter 62-814 ELECTRIC AND MAGNETIC FIELDS

Fla. Admin. Code R. 62-814.100 Intent, Findings, Basis of Standards, and Research Needs

(1) Intent. The intent and purpose of this chapter is to establish electric and magnetic field (EMF) standards for 60 hertz electrical transmission lines and substations rated at 69 kV or greater, to prescribe how compliance with those standards shall be determined, and to establish rules for all electrical facilities, pursuant to sections 403.061(31) and 403.523(1) and (14), F.S., relating to the protection of public health and welfare from such electrical facilities.

(2) Findings. Based on the information available to the Department, the Department makes the following general findings:

(a) The Department has reviewed the present scientific data on the potential for health effects of electric and magnetic fields. The Department has also reviewed data on the existing or potential electric and magnetic field levels near electrical transmission and distribution lines and substations in Florida. Although there is evidence of biological effects and a potential for adverse health effects on the public, there is no conclusive evidence that there is any danger or hazard to public health at the levels of electric and magnetic fields permitted by the standards set forth in this chapter.

(b) With respect to 60 hertz EMF, reasonable measures include requiring all new and modified transmission lines and substations to meet standards which are achievable through the use of available EMF reduction technology and measures, but in no case to allow any new or modified transmission line or substation, under normal conditions, to cause electric or magnetic field strengths greater than the highest operating voltage and the maximum current rating (MCR) values for existing transmission lines and substations.

(3) Basis of EMF Standards.

(a) Electric Field Strength. The electric field strength standards in this rule are based on the avoidance of the perception of an electric field at the edge of the right-of-way (ROW) or within a ROW; and on the reasonable measures and status quo cap criteria stated under paragraph (2), Findings, above. Compliance with the National Electrical Safety Code (NESC), which applies to all electrical transmission lines and substations within Florida through rules administered by the Florida Public Service Commission (PSC), ensures that unsafe conditions will not exist in the vicinity of these facilities, but compliance with that code does not ensure that a person will not experience tingling sensation or mild, though harmless, shock within the ROW.

(b) Magnetic Field Strength. The magnetic field strength standards in this rule are based on the reasonable measures and status quo cap criteria stated under paragraph (2), Findings, above.

(c) Both Field Strengths. For both electric and magnetic fields, the standards apply to the maximum field strength that occurs, or is predicted to occur by the model prescribed in this rule (whichever is greater) under any normal operating mode (all operating conditions except emergency load conditions). Under most normal load conditions, the actual magnetic field strength at the edge of the ROW will be about one-half of the standards, which are to be met at the facilities maximum current rating (MCR).

(4) Categories of Electrical Facilities. This chapter sets forth two categories of electrical facilities for regulation in regards to the electric and magnetic fields associated with these facilities.

(a) The first category is for existing electrical facilities on which construction was commenced prior to March 21, 1989, and new distribution lines. These facilities will be allowed to operate in accordance with subsection 62-814.400(2), F.A.C.

(b) The second category is for new transmission lines and substations the construction of which commenced after March 21, 1989.

(5) Effect of Rule. The effect of this chapter is to establish requirements to reasonably protect the public health and welfare from electric and magnetic fields associated with electrical transmission lines, distribution lines and substations.

History

• Rulemaking Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(31), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.100, 17-814.100, Amended 6-1-08.

Fla. Admin. Code R. 62-814.200 Electric and Magnetic Fields; Definitions

Words, terms and phrases used in this chapter, unless otherwise indicated, shall have the meaning set forth in the Standards Dictionary of Electrical and Electronic Terms (ANSI/IEEE Standards No. 100-1988) adopted by reference in rule 62-814.300, F.A.C. In addition, the following words or terms, when used in this chapter, shall have the following indicated meanings:

(1) “ANSI” means the American National Standards Institute.

(2) “Balanced Current” means currents in three-phase electrical systems which are equal in amplitude and separated by a phase angle of 120 degrees.

(3) “Balanced Voltage” means voltages in a three-phase system which are equal in amplitude and separated by a phase angle of 120 degrees.

(4) “Commence Construction” means, as applied to the construction of a new transmission line, or new substation supplied by a new transmission line, or new distribution line, that the facility owner has begun a continuous program of actual on-site construction or physical modification of the electrical facility, to be completed within a reasonable period of time.

(5) “Department” means the Florida Department of Environmental Protection.

(6) “Distribution Line” means a system of conductors used to transport electrical energy at voltages of less than 69 kV including service drops from transformers to residences or businesses.

(7) “Electrical Facility” means the components of an electrical transmission line, distribution line or substation that produce or affect electric and magnetic fields.

(8) “Facility Owner” means an owner or operator of an electrical facility.

(9) “Gauss” means the unit of magnetic flux density that will induce an electromotive force of 1 x 10 to the -8 volt in each linear centimeter of a wire moving laterally with a speed of one centimeter per second at right angles to the magnetic flux.

(10) “Hertz” means the unit of frequency of an electrical facility equivalent to a cycle per second.

(11) “Highest Operating Voltage” means the maximum voltage value set forth for a particular transmission line on Table 1, ANSI C 84.1-1982, or ANSI C 92.2-1981, or the maximum operating voltage as established by the facility owner.

(12) “IEEE” means the Institute of Electrical and Electronic Engineers.

(13) “Kilovolts/meter” means a unit of measurement of electric field strength generally measured at a point one meter above the ground and expressed as kV/m.

(14) “Maximum Current Rating” or “MCR” means the maximum quantity of electric current, expressed in amperes, that can be continuously carried on the conductors of an electrical circuit as determined by the facility owner.

(15) “Maximum Electric Field Strength” means the amplitude (Root Mean Square) of the electric field produced by an electrical facility operating at the highest operating voltage expressed in kV/m at a height of one meter above ground level.

(16) “Maximum Magnetic Field” means the amplitude (Root Mean Square) of the magnetic flux density produced by an electrical facility operating at MCR measured in Gauss one meter above the earth’s surface.

(17) “Minimum Conductor Height” means the minimum vertical distance from the earth’s surface to the geometric center of the conductor or conductor bundle at MCR.

(18) “Modified” as it relates to electrical facilities means a transmission line or substation that is altered or upgraded to operate at a higher nominal voltage or current after March 21, 1989.

(19) “New Distribution Line” means a distribution line that commenced construction after March 21, 1989.

(20) “New Electrical Facility” means an electrical facility which commenced construction after March 21, 1989.

(21) “New Substation” means a substation that commenced construction after March 21, 1989, that is built to connect new transmission lines of 69 kV or larger with other electrical facilities, or a substation into which a new transmission line is built.

(22) “New Transmission Line” means a transmission line upon which construction commenced after March 21, 1989, or an existing transmission line which commences construction for the purpose of reinsulating to operate at a higher nominal voltage or reconductoring to operate at a higher MCR after March 21, 1989. This does not include transmission lines which are relocated or rebuilt unless such lines are modified. This also does not include conductors used to connect existing transmission lines to substations unless a new edge of right-of-way is created on or immediately adjacent to private property.

(23) “NESC” means the National Electrical Safety Code.

(24) “Nominal Voltage” means the voltage classification as defined in Table 1, ANSI C 84.1-1982 or ANSI C 92.2-1981.

(25) “Residential, Commercial or Industrial Building” means a structure that persons use for their residence, for commercial transactions, or for manufacturing a product. It includes structures used by providers of private and governmental services. It does not include buildings visited by people for short periods of time on a non-daily basis.

(26) “Right-of-Way” (ROW), as used herein, is a term intended to be used only for purposes of determining the appropriate points for compliance with this rule, and not for the purpose of determining a legal interest in property. “Right-of-way” means the area between two edges of ROW. Each edge of the ROW shall be identified as the farthermost point located by application of the following methods:

(a) The boundary of land where the facility owner has a property interest, such as, but not limited to, an easement, prescriptive easement, or fee simple title, and which is used or designated for construction, operation and maintenance of transmission lines.

(b) In areas where the facility owner does not have a property interest in the land where the transmission line or distribution line will be located, the ROW will be assumed to extend to the closer of:

1. The edge of the nearest residential, commercial or industrial building in existence prior to the date the electrical facility commenced construction or obtained a permit, whichever is sooner, or

2. Fifty feet from the point beneath the conductor closest to the edge of the ROW being determined.

(c) In areas where the transmission line or distribution line is adjacent to or within the property boundary of a linear easement of a railroad, utility pipeline, communication line, or public utility linear facility, or public road or canal, the ROW will be assumed to extend to the closer of:

1. The farthermost edge of the linear easement, or 50 feet from the point beneath the conductor closest to the edge of the ROW being determined, whichever is farther, or

2. The edge of the nearest residential, commercial or industrial building in existence prior to the date the electrical facility commenced construction or obtained a permit, whichever is sooner. OR

(d) In areas where the transmission line or distribution line is adjacent to or within property owned by federal, state, regional or local governmental agencies, the ROW will be assumed to extend to the closer of:

1. The edge of the nearest residential, commercial or industrial building in existence prior to the date the electrical facility commenced construction or obtained a permit, whichever is sooner, or

2. Fifty feet from the point beneath the conductor closest to the edge of the ROW being determined.

(27) “Secretary” means the Secretary of the Department of Environmental Protection.

(28) “Substation” means the electrical facility and related property used for the connection of transmission lines or distribution lines to other such electrical facilities or electrical generating plants.

(29) “Transmission Line” means a system of conductors used to transport electrical energy at voltages of 69 kV or greater.

History

• Rulemaking Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(31), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.200, 17-814.200.

Fla. Admin. Code R. 62-814.300 General Technical Requirements

(1) The technical standards and criteria contained in the standard manuals and technical publications listed in subsection (2), below, are hereby incorporated by reference and shall be applied unless a deviation is approved, in determining whether proposed new or modified electrical facilities comply with the provisions of this chapter.

(2) Standard Manuals and Publications.

(a) Standards Dictionary of Electrical and Electronic Terms (ANSI/IEEE Standards No. 100-1988). Copies are available from the Institute of Electrical and Electronics Engineers, Inc., Service Center, 445 Hoes Lane, Piscataway, NJ, 08854-4150, or (908)981-1393.

(b) Appendix E, ANSI C 84.1-1989. Copies are available from the American National Standards Institute Service Center, 11 West 42nd Street, New York, NY 10036, or (212)642-4900.

(c) IEEE Standard No. 644-1987. Copies are available from the Institute of Electrical and Electronics Engineers, Inc., Service Center.

(d) ANSI C 92.2-1987. Copies are available from the American National Standards Institute Service Center, or the Institute of Electrical and Electronics Engineers, Inc., Service Center.

History

• Rulemaking Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(31), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.300, 17-814.300, Amended 6-1-08.

Fla. Admin. Code R. 62-814.310 Deviations from Standards and Criteria

(1) Deviations from the standards and criteria contained in publications listed in subsection 62-814.300(2), F.A.C., above or equivalent methodology for the computation and measurement methodology referenced in rule 62-814.460, F.A.C., may be approved by the Department provided the applicant’s engineer’s report provides reasonable assurance that the proposed design, calculations or measurement methods will result in electrical facilities meeting the requirements of this rule.

(2) The Department may approve deviations from the standards and criteria contained in the publications listed in subsection 62-814.300(2), F.A.C., above or equivalent methodology for the computation or measurement of electric and magnetic fields upon a finding that conformance to them will not result in noncompliance with the remainder of this chapter or other rules of this Department in accordance with the following:

(a) The owner or operator of any electrical facility subject to the provisions of this section may request in writing a determination by the Secretary or the Secretary’s designee that any requirement of rule 62-814.300 or 62-814.460, F.A.C., relating to measurement or calculation of electric or magnetic fields, procedures, test equipment, methodology, or test facilities shall not apply to such electrical facility, and shall request approval of alternate standards or criteria.

(b) The request shall set forth the following information, at a minimum:

1. Specific electrical facility for which an exception is required.

2. The specific provision(s) of rule 62-814.300 or 62-814.460, F.A.C., from which an exception is sought.

3. The basis for the exception, including but not limited to any hardship which would result from compliance with the provisions of rule 62-814.300 or 62-814.460, F.A.C.

4. The alternate standard(s) or criteria for which approval is sought and a demonstration that such alternate standard(s) or criteria shall be adequate to demonstrate compliance with the field strength standards contained in this chapter.

(c) The Secretary or the Secretary’s designee shall specify by order each alternate standard or criteria approved for an individual electrical facility in accordance with this section or shall issue an order denying the request for approval. The Department’s order shall be the final agency action, reviewable in accordance with section 120.57, F.S.

History

• Rulemaking Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(31), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.301, 17-814.310.

Fla. Admin. Code R. 62-814.400 General Standards

(1) No electrical facility, subject to the provisions of this chapter, shall be operated in such a way that it exceeds the standards set forth in rule 62-814.450, F.A.C., except as provided in rule 62-814.480, F.A.C.

(2) All existing electrical facilities on which construction was commenced on or prior to March 21, 1989, and all new distribution lines shall be allowed to operate at their maximum current ratings, highest operating voltage, and emergency conditions, provided that such facilities comply with the National Electrical Safety Code (NESC) as required by the Florida Public Service Commission.

(3) Except as otherwise provided in rule 62-814.480, F.A.C., no facility owner shall operate a new transmission line with a nominal voltage of 230 kV or greater above the highest operating voltage or MCR such that the standards in rule 62-814.450, F.A.C., are exceeded.

History

• Rulemaking Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(31), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.400, 17-814.400.

Fla. Admin. Code R. 62-814.450 Electric and Magnetic Field Standards

(1) Existing electrical facilities for which construction was commenced on or prior to March 21, 1989 (Reserved).

(2) New transmission lines and substations.

(a) The maximum electric field at the edge of the transmission line ROW containing a 500 kV nominal voltage or less transmission line or at the property boundary of a new substation containing facilities operating at these voltages shall not exceed 2.00 kV/m.

(b) The maximum electric field at the edge of the transmission line ROW for a line with a nominal voltage greater than 500 kV or at the property boundary of a new substation containing facilities operating at these voltages shall not exceed 5.50 kV/m.

(c) The maximum electric field on the ROW of a 230 kV or smaller transmission line shall not exceed 8 kV/m.

(d) The maximum electric field on the ROW of a transmission line with a nominal voltage greater than 230 kV and up to 500 kV shall not exceed 10 kV/m.

(e) The maximum electric field on the ROW of a transmission line greater than 500 kV shall not exceed 15 kV/m.

(f) The maximum magnetic field at the edge of a 230 kV or smaller transmission line ROW or at the property boundary of a new substation serving such lines shall not exceed 150 milliGauss.

(g) The maximum magnetic field at the edge of the transmission line ROW for a transmission line with a nominal voltage greater than 230 kV and up to 500 kV or at the property boundary of a new substation containing facilities operating at these voltages shall not exceed 200 milliGauss, except for double circuit 500 kV lines to be constructed on ROWs existing on March 21, 1989, as identified below where the limit will be 250 milliGauss.

(h) The maximum magnetic field at the edge of the transmission line ROW for a transmission line with a nominal voltage greater than 500 kV or at the property boundary of a new substation containing facilities operating at these voltages shall not exceed 250 milliGauss.

(i) For existing ROWs extending from the Andytown substation to the Orange River substation, Andytown substation to the Martin Generating Plant, and the Martin Generating Plant to the Midway substation, where the facility owner has acquired, prior to March 21, 1989, a ROW sufficiently wide for two or more 500 kV transmission lines and has constructed one or more 500 kV transmission lines on this ROW prior to March 21, 1989, the maximum magnetic field at the edge of the ROW or property boundary of a new or modified substation shall not exceed 250 milliGauss.

Table of New Transmission Line and Substation Standards

KV Rating

Property Boundary

of new Substation

Edge of Transmission Line

Right-of-Way

On the Transmission Line

Right-of-Way

<=230 kV

2.00 kV/m & 150 milliGauss

2.00 kV/m & 150 milliGauss

8 kV/m

<=500 kV and > 230 kV

2.00 kV/m & 200 milliGauss [1]

2.00 kV/m & 200 milliGauss [1]

10 kV/m

500 kV

5.50 kV/m & 250 milliGauss

5.50 kV/m & 250 milliGauss

15 kV/m

Footnote 1: Except as provided in paragraphs (2)(g) and (2)(i).

History

• Rulemaking Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(31), 403.523 FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.450, 17-814.450, Amended 6-1-08.

Fla. Admin. Code R. 62-814.460 Computation and Measurement Methodology

(1) Computations to establish compliance with the standards set forth in rule 62-814.450, F.A.C., shall be performed by the use of the Bonneville Power Administration (BPA) Corona and Field Effects Program for calculating electric and magnetic fields set forth in paragraphs 62-814.470(1) and (2), F.A.C., below. When electric and magnetic field calculations are made using the BPA Corona and Field Effects Program, the following input data will be used:

(a) Magnetic field calculations.

1. The MCR currents will be used.

2. The conductor will be at its minimum clearance to the earth.

3. Currents will be assumed to be balanced in phase and in magnitude with no zero-sequence current.

(b) Electric field calculations.

1. The highest operating voltage will be used.

2. The conductor will be at its minimum clearance to the earth or other conductor height, whichever produces the highest electric field along the ROW.

3. Voltages will be assumed to be balanced in phase and in magnitude.

(c) Equivalent methodology. The Department and the facility owner may agree on substituting other equivalent methodology to verify compliance, in accordance with rule 62-814.310, F.A.C.

(2) On-site measurements of electric and magnetic fields, when made, shall be conducted in accordance with the procedures set forth and with instruments conforming to and calibrated in accordance with the IEEE Standard No. 644-1987.

History

• Rulemaking Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(31), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.460, 17-814.460.

Fla. Admin. Code R. 62-814.470 Compliance Methodology

(1) New Transmission Lines for Which Construction Was Commenced After March 21, 1989.

(a) Compliance with the electric field standards set forth in rule 62-814.450, F.A.C., shall be determined by calculations using the highest operating voltage for a new transmission line, together with parallel transmission lines then existing in the ROW.

(b) Compliance with the magnetic field standard set forth in rule 62-814.450, F.A.C., shall be determined by calculations at the MCR current for a new transmission line, together with parallel transmission lines then existing in the ROW.

(c) Where calculations under this section indicate that operation of existing electrical facilities on an existing ROW produces electric or magnetic fields at levels higher than the limits specified for new facilities in rule 62-814.450, F.A.C., a new electrical facility may be constructed and operated on that existing ROW provided that the new facility does not increase the electric or magnetic fields above the maximum field values created by the existing line. Where calculations under this section indicate that the existing electrical facility produces field strengths less than the limits in rule 62-814.450, F.A.C., then the limits in rule 62-814.450, F.A.C., shall apply.

(d) Measurements shall be made in conformance with the criteria of rule 62-814.460, F.A.C., above.

(2) New Substations for Which Construction Was Commenced After March 21, 1989.

(a) Compliance with the electric field standard set forth in rule 62-814.450, F.A.C., shall be determined by calculations using the highest operating voltages for the entering and exiting new transmission lines together with existing transmission lines associated with the substation and shall be equal to the maximum edge of ROW electric field of any new transmission line entering or exiting the substation property boundary calculated pursuant to subsection (1).

(b) Compliance with the magnetic field standard set forth in rule 62-814.450, F.A.C., shall be determined by calculations using the MCR current of the entering and exiting new transmission lines together with existing transmission lines associated with the substation and shall be equal to the maximum value of the edge of ROW magnetic field of any new transmission line entering or exiting the substation property calculated pursuant to subsection (1).

(3) Access. Department employees shall have access to all electrical facilities with reasonable notice to the facility owner for the purpose of determining compliance in accordance with section 403.091, F.S.

History

• Rulemaking Authority 403.061(7), 403.091, 403.523(1) FS. Law Implemented 403.061(31), 403.091, 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.470, 17-814.470.

Fla. Admin. Code R. 62-814.480 Emergency Exemptions

An electrical facility that exceeds the maximum current rating (MCR) or highest operating voltage due to emergency conditions is exempt from the provisions of rule 62-814.450, F.A.C., provided the facility owner exercises reasonable practices to minimize the time the facility exceeds the MCR or highest operating voltage, and reports the duration of the exceedance and reasons for the exceedance to the Department pursuant to subsection 62-814.510(2), F.A.C. The Department may consult with the Florida Public Service Commission to verify any emergency conditions. Emergency conditions mean conditions that cause the MCR or highest operating voltage to be exceeded due to unexpected, unforeseen or unanticipated events such as, but not limited to, failure of generating or electrical facilities due to natural or man-made causes beyond the control of the facility owner.

History

• Rulemaking Authority 403.061(7), 403.081, 403.523(1) FS. Law Implemented 403.061(31), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.480, 17-814.480.

Fla. Admin. Code R. 62-814.510 Monitoring and Reporting

(1) Monitoring for compliance shall be accomplished by including devices for measuring and recording voltage and current flow or their equivalent on all new 230 kV or greater transmission lines in accordance with this chapter.

(2) Reporting of exceedances of highest operating voltage or MCR on new 230 kV and greater transmission lines shall be made when the standards of rule 62-814.450, F.A.C., are exceeded, as determined pursuant to paragraphs (a) and (b), below. Notification shall be made to the Department in writing within 30 days of the determination of an exceedance.

(a) An exceedance of any of the standards of rule 62-814.450, F.A.C., shall be considered a violation if the average field strength exceeds the standard for a one-hour period.

(b) The one-hour average shall be based on no less than six readings per hour with at least one data scan per ten-minute period.

(c) The data that is used to determine compliance with the standards of rule 62-814.450, F.A.C., shall be stored by the facility owner for a period of not less than one year.

History

• Rulemaking Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(31), 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.510, 17-814.510.

Fla. Admin. Code R. 62-814.520 Compliance

(1) No certification, as described in subsection (2) of this rule, for a new electrical facility may be issued unless the applicant gives reasonable assurance that the standards of this rule and other rules of the Department will be complied with.

(2) Any electrical facility owner seeking certification of an electrical facility under the provisions of the Florida Electrical Power Plant Siting Act or the Transmission Line Siting Act, chapter 403, part II, F.S., after March 21, 1989, shall include in the application for certification sufficient information to demonstrate compliance with the standards of this rule.

(3) Any facility owner seeking to construct a new transmission line of nominal voltage of 230 kV or larger or a new substation served by transmission lines of 230 kV or larger, which is not subject to chapter 403, part II, F.S., shall submit to the Department Siting Coordination Office, a compliance report at least 90 days prior to the start of construction. The information in the compliance report shall be of sufficient detail to show compliance with the standards of rule 62-814.450, F.A.C., and shall be certified by an engineer practicing in Florida and regulated by chapter 471, F.S. Any facility owner seeking a permit subject to the provisions of chapter 62-330, F.A.C., for new 230 kV or larger transmission lines shall also include a compliance report as specified above from an engineer practicing in Florida and regulated by chapter 471, F.S., with the other applicable application forms.

(4) On or before March 31 of each year, any facility owner that placed in operation, during the preceding calendar year, a transmission line of nominal voltage less than 230 kV or a new substation serving new transmission lines of less than 230 kV, shall submit to the Department Siting Coordination Office, a statement and a compliance report as specified above from an engineer practicing in Florida and regulated by chapter 471, F.S., verifying that the electrical facility complies with the criteria set forth in rules 62-814.400 and 62-814.450, F.A.C.

History

• Rulemaking Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(31), 403.0877, 403.523(14) FS. History–New 3-21-89, Amended 1-7-93, Formerly 17-274.520, 17-814.520, Amended 2-15-16.

Fla. Admin. Code R. 62-814.530 Time of Compliance

(1) A facility owner shall take immediate action after discovery of an exceedance to bring the facility into compliance with the requirements of rule 62-814.450, F.A.C., unless a specific provision of this chapter authorizes a longer period of time.

(2) Failure by a facility owner to comply with the requirements of this chapter, or any conditions of certification or variance authorized under sections 403.511, or 403.531, F.S., shall be a violation of this chapter and shall subject that facility owner to enforcement action under chapter 403, F.S.

History

• Rulemaking Authority 403.061(7), (30), 403.161, 403.523(1) FS. Law Implemented 403.061(31), 403.523(14) FS. History–New 1-7-93, Formerly 17-274.530, 17-814.530.

Fla. Admin. Code R. 62-814.900 Form and Instructions

History

• Rulemaking Authority 403.061(7), 403.523(1) FS. Law Implemented 403.061(30), 403.523(14) FS. History–New 1-7-93, Formerly 17-274.901, 17-814.900, Repealed 2-15-16.

Chapter 62-815 PRESERVATION 2000 PROGRAM

Fla. Admin. Code R. 62-815.001 Purpose

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 11-3-91, Amended 11-1-92, 2-9-98, Formerly 9K-4.001, Repealed 6-8-26.

Fla. Admin. Code R. 62-815.002 Definitions

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 11-3-91, Amended 11-1-92, 9-19-94, 2-9-98, Formerly 9K-4.002, Repealed 6-8-26.

Fla. Admin. Code R. 62-815.0031 General Requirements and Eligibility Standards

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 120.55(1)(a)4., 259.101, 259.101(3)(c), 375.045, 380.505, 380.508, 380.510 FS. History– New 11-1-92, Amended 9-19-94, 2-9-98, Formerly 9K-4.0031, Repealed 6-8-26.

Fla. Admin. Code R. 62-815.004 Submission of Application and Application Materials

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.508, 380.510 FS. History–New 11-3-91, Amended 11-1-92, 9-19-94, 2-9-98, Formerly 9K-4.004, Repealed 6-8-26.

Fla. Admin. Code R. 62-815.006 Communications to the Governing Body

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 380.508 FS. History–New 11-3-91, Amended 11-1-92, Repromulgated 2-9-98, Formerly 9K-4.006, Repealed 6-8-26.

Fla. Admin. Code R. 62-815.007 Determination of Application Completeness

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 380.508 FS. History–New 11-3-91, Amended 11-1-92, 2-9-98, Formerly 9K-4.007, Repealed 6-8-26.

Fla. Admin. Code R. 62-815.008 Project Evaluation Criteria

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045(3), 380.510 FS. History–New 11-3-91, Amended 11-1-92, 2-9-98, Formerly 9K-4.008, Repealed 6-8-26.

Fla. Admin. Code R. 62-815.010 Conceptual Approval of Applications by the Trust

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.510 FS. History–New 11-3-91, Amended 11-1-92, 2-9-98, Formerly 9K-4.010, Repealed 6-8-26.

Fla. Admin. Code R. 62-815.0105 Modification to the Project Boundary

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.510 FS. History–New 2-9-98, Formerly 9K-4.0105, Repealed 6-8-26.

Fla. Admin. Code R. 62-815.011 Preparation and Acceptance of Project Plans

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.507(11), 380.508, 380.510 FS. History–New 11-3-91, Amended 11-1-92, 9-19-94, 2-9-98, Formerly 9K-4.011, Repealed 6-8-26.

Fla. Admin. Code R. 62-815.012 Title, Acquisition Procedures, Lease Agreements and Transfer of Title

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 380.508, 380.510 FS. History–New 11-3-91, Amended 11-1-92, 9-19-94, Repromulgated 2-9-98, Formerly 9K-4.012, Repealed 6-8-26.

Fla. Admin. Code R. 62-815.013 Annual Stewardship Report Requirement

(1) Each award to a Recipient shall include a condition that, after Acquisition of the Project Site, a stewardship report is required. The stewardship report is intended to verify that conditions imposed at the time the award was made are being followed and to monitor the stewardship and use of the property. The stewardship report shall be due each year.

(2) Once the project is fully developed as outlined in the approved Management Plan, the stewardship report for that projects may be submitted to the Trust on a five year review cycle:

(a) To initiate the five year review cycle of the stewardship report, the Recipient shall provide the following:

1. Written statement of completion certifying that the Project Site was developed in accordance with the approved Management Plan,

2. Updated Management Plan that includes an as-built master site plan drawing showing all facilities and structures; and,

3. Photographic record of all completed site improvements and restoration activities.

(b) Trust staff shall perform site visits to ensure that the Recipient has demonstrated that the terms of the Declaration of Restrictive Covenants and the approved Management Plan have been followed.

(c) Upon the Trust’s acceptance of the Recipient’s statement of completion, the updated Management Plan and photographic record and a satisfactory completion of the site visit, the Trust shall transfer the stewardship report to a five year review cycle. If, after transfer of the stewardship report to a five year review cycle, the Trust finds that the terms and conditions of the Declaration of Restrictive Covenants are not being followed, the annual stewardship report requirement shall be reimposed.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 380.510 FS. History–New 11-3-91, Amended 11-1-92, 2-9-98, Formerly 9K-4.013, Amended 1-22-14, Technical Change 3-26-26.

Chapter 62-816 AREA OF CRITICAL STATE CONCERN PROGRAM

Fla. Admin. Code R. 62-816.001 Purpose

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 6-30-93, Formerly 9K-5.001, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.002 Definitions

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 6-30-93, Amended 11-14-94, Formerly 9K-5.002, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.003 General Requirements and Eligibility Standards

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 120.55(1)(a)4., 259.101, 375.045, 380.505, 380.508, 380.510 FS. History–New 6-30-93, Amended 11-14-94, Formerly 9K-5.003, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.004 Communications to the Governing Body

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 380.508 FS. History–New 6-30-93, Formerly 9K-5.004, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.005 Submission of Proposal(s)

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.508 FS. History–New 6-30-93, Formerly 9K-5.005, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.006 Proposal Materials

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.508 FS. History–New 6-30-93, Amended 11-14-94, Formerly 9K-5.006, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.007 Review and Selection of Proposals by the Trust

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.508 FS. History–New 6-30-93, Amended 11-14-94, Formerly 9K-5.007, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.008 Preparation and Acceptance of Management Plans

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.505, 380.508, 380.510 FS. History–New 6-30-93, Formerly 9K-5.008, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.009 Grant Contract

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.508, 380.510 FS. History–New 6-30-93, Formerly 9K-5.009, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.010 Accounting Requirements

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.510 FS. History–New 6-30-93, Formerly 9K-5.010, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.011 Retention of Accounting Records

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.510 FS. History–New 6-30-93, Formerly 9K-5.011, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.012 General Audit Procedures

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.508, 380.510 FS. History–New 6-30-93, Formerly 9K-5.012, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.013 Revisions to Grant Assisted Projects

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.508, 380.510 FS. History–New 6-30-93, Formerly 9K-5.013, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.014 Termination

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.508, 380.510 FS. History–New 6-30-93, Formerly 9K-5.014, Repealed 6-8-26.

Fla. Admin. Code R. 62-816.015 Annual Stewardship Report

Each award to a grantee shall include a condition that requires annual stewardship reports from each of the grantees benefiting from the award and title holder if different, in order to: verify that conditions imposed at the time the award was made are being followed; monitor the stewardship and use of the property; verify the status of conditions in rule 62-816.009, F.A.C.; satisfy the requirement in paragraph 62-816.010(3)(h), F.A.C., and other sections of this rule chapter. The stewardship report shall be due on the anniversary of the date on which the management plan was approved by the governing body.

History

• Rulemaking Authority 259.101, 374.045, 380.507(11) FS. Law Implemented 259.101, 375.045, 380.508, 380.510 FS. History–New 6-30-93, Formerly 9K-5.015.

Chapter 62-817 LAND ACQUISITION PROCEDURES WITH PRESERVATION 2000 FUNDS

Fla. Admin. Code R. 62-817.001 Purpose

The purpose of this rule chapter is to set forth the procedures that must be followed for all land acquisition by local governments or the Trust using Preservation 2000 funds awarded by the Florida Communities Trust. This rule chapter implements Section 380.507(11), F.S., that relates to land acquisition procedures and requirements using proceeds from the Preservation 2000 Trust Fund.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.001.

Fla. Admin. Code R. 62-817.002 Definitions

(1) “Acquisition” means the act of obtaining real property or interests and rights therein by various legal means to serve natural resource conservation or outdoor recreation.

(2) “Agent” means an authorized representative assisting the applicant or recipient to secure real estate services or to negotiate and acquire real property and may include, but not be limited to, attorneys, brokers, cooperating agencies and non-profit land conservation organizations. As required under Chapter 475, F.S., when real estate services are performed for another entity for a fee, an agent shall be licensed.

(3) “Applicant” means an entity eligible pursuant to Rule Chapters 62-815 and 62-816, F.A.C., to submit a proposal(s) for Preservation 2000 funds through the Florida Communities Trust.

(4) “Application” means a formal request on an approved form for Preservation 2000 funds from the Florida Communities Trust by an applicant, consisting of a project proposal with required documentation submitted pursuant to Rule Chapter 62-815, F.A.C.

(5) “Appraisal” or “Appraisal Services” means the services provided by Florida certified, licensed or registered appraisers that include, pursuant to Section 475.611(1)(a)1., F.S., an “appraisal assignment”, which denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property.

(6) “Appraisal Foundation” means the Appraisal Foundation, established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois.

(7) “Appraisal Map” means a map of the project area with individual ownership and project boundaries identified showing acreage and other pertinent information needed for appraisal purposes.

(8) “Appraisal Report” means a written analysis, opinion, or conclusion issued by an appraiser relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property, and includes a report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. The phrase “regardless of title” is interpreted to mean “disregarding matters of title that may have an impact on the conclusion of value.”

(9) “Appraiser” means any person who is a registered real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser in the State of Florida.

(10) “Approved Appraisal” means an appraisal that has been reviewed by a review appraiser and approved by the Trust for use in determining the maximum approved purchase price that the Trust and the grant recipient will pay for property.

(11) “Approved Appraiser” means an individual whose name has been placed on the Florida Communities Trust list of approved appraisers, as further described in Rule 62-817.007, F.A.C.

(12) “Approved Survey” means a certified survey that has been reviewed by a review surveyor and approved by the Trust.

(13) “Area of Critical State Concern” means an area designated pursuant to Section 380.05, F.S.

(14) “Award” means a loan, grant or matching grant from the Trust authorized pursuant to the procedures developed in Rule Chapters 62-815 and 62-816, F.A.C.

(15) “Board of Trustees” means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund.

(16) “Certified Survey” means a survey, as further defined in Rule 62-817.006, F.A.C., that is certified, signed and sealed by a registered land surveyor authorized to practice surveying in the State of Florida.

(17) “Confidential” refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07(1), F.S.

(18) “Department” means the Florida Department of Environmental Protection.

(19) “Evidence of Marketable Title” and “Title Policy” means assurance of the marketability of the title of the land being acquired, in the form of a marketable title insurance commitment and policy.

(20) “Governing Body” means the governing body of the Florida Communities Trust established by Section 380.504, F.S., except where specifically referred to in this rule chapter as a county or municipal governing body.

(21) “Grant” means an award of funds made under a program of the Trust for the benefit of an applicant and used to acquire real property.

(22) “Grant Agreement” means a recordable document that restates all conditions that are being placed on the project site upon conveyance of title to the recipient.

(23) “Hazardous Materials Contamination” means radon, PCB’s, oil or other petroleum based products, chemicals, any noxious, hazardous, offensive, explosive or toxic substances or waste, or any hazardous materials or toxic substances as such terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC 9601. et seq., Hazardous Materials Transportation, 49 USC 1801. et. seq., the Resource Conservation and Recovery Act, 42 USC 6901. et seq., and the regulations adopted pursuant thereto.

(24) “Land Authority” means an entity created by the county pursuant to Section 380.0663, F.S.

(25) “Local Government” means county governments and municipalities of the State of Florida.

(26) “Local Match” means the provision of cash or project costs unfunded by the Trust, provided the match is from an eligible source as set forth in the applicable program rule chapter, and added to Florida Communities Trust matching grant by the applicant for the project costs.

(27) “Market Value” means the most probable price in cash or terms equivalent to cash for which the appraised property will sell in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently and knowledgeably, and assuming that neither is under undue duress.

(28) “Maximum Approved Purchase Price” means 100% of the market value of a property as determined by appraisals performed on a project site that have been reviewed and approved by the Trust.

(29) “Minimum Technical Standards” means the Minimum Technical Standards for Surveyors (Field and Office) as set forth by the Florida Board of Professional Land Surveyors pursuant to Section 472.027, F.S., and in Chapter 61G17-6, F.A.C.

(30) “Non-profit Organization” means any private organization, existing under the provisions of Section 501(c)(3) of the Internal Revenue Code, which has among its principal goals the conservation of natural resources or protection of the environment.

(31) “Option Agreement” or “Option Contract” means a proposed agreement by the county or municipality and the Trust to purchase a piece of property, subject to the approval of the county or municipal governing body at a public meeting after 30 days’ public notice and the Trust after appropriate notice. The county or municipality will not be under any obligation to exercise the option unless the option contract is approved by the county or municipal governing body and the Trust at a public hearing.

(32) “Owner” or “Seller” means the fee simple title owner of the project site.

(33) “Preservation 2000 Funds” means proceeds from the Preservation 2000 Trust Fund created by Section 375.045, F.S., distributed to the Department pursuant to Section 259.101(3)(c), F.S., for the purpose of providing land acquisition grants through the Florida Communities Trust.

(34) “Project” means any work on, improvement to, or acquisition of real property, buildings, or any other property.

(35) “Project Cost” means the total of acquisition costs and may only include the cost of the following items prepared consistent with this rule chapter: purchase price for acquisition of all or a portion of the project site; certified survey or appraisal map containing an adequate legal description and acreage of the property; fee for any assessment or examination essential and necessary to determine project site boundary, if any; appraisal report(s); evidence of marketable title; title insurance premium; reasonable real estate fees or commissions paid by the applicant for acquisition services, if any; and costs of environmental assessment.

(36) “Project Site” means the specific area(s) defined by a boundary map and/or legal description and certified survey, where Trust funds and local match are proposed in an application or proposal to be used for acquisition.

(37) “Proposal” means a formal request on an approved form for Preservation 2000 funds from the Florida Communities Trust Area of Critical State Concern Program by an applicant, consisting of a project proposal with required documentation submitted pursuant to Rule Chapter 62-817, F.A.C.

(38) “Purchase Agreement” means the various types of contracts to purchase real property, including purchase agreements, option agreements, exchange agreements and other forms of such agreement, that become binding on all parties to the contract at the time the purchase agreement is duly executed.

(39) “Real property” means any interest in land and may also include any appurtenances and improvements to the land.

(40) “Recipient” means a local government that has executed an agreement with the Trust for a grant award for land acquisition funding.

(41) “Safe Upland Line” means a line at or above the mean or ordinary high water line used to calculate the acreage of a parcel of land.

(42) “State certified appraiser” means a real estate appraiser who has been certified by the State under the provisions of Chapter 475, F.S.

(43) “Surveyor” means Land Surveyor or Professional Land Surveyor who is registered in the practice of land surveying under Sections 472.001-.039, F.S.

(44) “Title Commitment” means a written agreement issued by a Florida licensed title insurer agreeing to issue to the recipient or the Board of Trustees, upon the recording of the deed to the recipient or the Board of Trustees, an owner’s policy of title insurance in the amount of the project site’s purchase price insuring marketability of title to the project site, subject only to liens, encumbrances, exceptions or qualifications that are acceptable to the Trust and the recipient and those which will be discharged by the owner at closing.

(45) “Title Report” means a title report, including an adequate legal description of the property to be acquired sufficient to inform the Trust, the recipient and the appraisers of the status of ownership, encumbrances, exceptions, reservations, and previous ownership history.

(46) “Trust” means the Florida Communities Trust, a nonregulatory agency and instrumentality, which is a public body corporate and politic, created within the Department of Environmental Protection pursuant to Chapter 380, Part III, F.S., or the governing body of the Florida Communities Trust.

(47) “Uniform Standards of Professional Appraisal Practice” means the most recent standards approved and adopted by the Appraisals Standards Board of the Appraisal Foundation.

(48) “Voluntarily Negotiated Transaction” means an arms length market value transaction between a willing seller and a willing buyer.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.002.

Fla. Admin. Code R. 62-817.003 General Information

(1) This rule chapter shall govern the activities for acquisition of real property using proceeds from the Preservation 2000 Trust Fund, when title to such real property vests in the local government.

(2) Pursuant to Section 380.507(11), F.S., these rules must include, but not be limited to, procedures for appraisals and confidentiality consistent with Sections 125.355(1)(a) and (b), and 166.045(1)(a) and (b), F.S., a method of determining a maximum purchase price, and procedures to insure that the land is acquired in a voluntarily negotiated transaction, surveyed, conveyed with marketable title and examined for hazardous materials contamination.

(3) The disbursement of Preservation 2000 funds from the trust shall be subject to the following conditions:

The administration and use of any funds received by the trust from the Preservation 2000 Trust Fund shall be subject to such terms and conditions imposed thereon by the agency of the state responsible for the revenue bonds, the proceeds of which are deposited in the Preservation 2000 Trust Fund, including restrictions imposed to ensure that the interest on any such revenue bonds issued by the state as tax-exempt revenue bonds will not be included in the gross income of the holders of such bonds for federal income tax purposes.

(4) The local government shall designate an employee of the local government who shall serve as the key contact for the exchange of information regarding the acquisition activities and who shall be responsible for ensuring local government compliance with the provisions of all applicable statutes, the grant agreement, rules of the Trust and any local land acquisition ordinances that may apply.

(5) Funds awarded through any program of the Trust that derive from the Preservation 2000 Trust Fund may only be used to pay the eligible project costs associated with voluntarily negotiated land acquisitions.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.003.

Fla. Admin. Code R. 62-817.004 Election by Local Government of Titleholder and Negotiating Entity; Statutes and Rules Governing Acquisitions; Title

(1) Section 259.101(3)(c), F.S., allocates proceeds deposited into the Preservation 2000 Trust Funds to the Department to provide land acquisition grants and loans to local governments through the Florida Communities Trust pursuant to Chapter 380, Part III, F.S. Title to real property purchased with these funds may be vested in the Board of Trustees of the Internal Improvement Trust Fund or may be vested in a local government.

(2) At the time the local government grant recipient executes the agreement that will govern acquisition funding received from the Trust, the local government shall elect one of the following options; either:

(a) Title to the project site will vest in the local government, or

(b) Title to the project site will vest permanently in the Board of Trustees of the Internal Improvement Trust Fund.

(3) If the local government elects that title vest in the local government and be conveyed directly from the owner to the local government, the following applies:

(a) The election is subject to approval by the Trust, such approval indicated when the agreement governing the grant funds is executed between the local government and the Trust;

(b) The Trust shall not withhold approval of the local government election to take title unless the Trust specifically finds on the record of a public meeting that the local government is not capable of holding title;

(c) The local government shall elect the party that will conduct all acquisition activities and negotiations necessary to complete the transaction in conformance with this rule chapter. The local government may either elect that:

1. The local government, or its agent, will conduct all acquisition activities and negotiations, or

2. The Trust or its agent, will conduct all acquisition activities and negotiations.

(d) The acquisition activities shall be conducted pursuant to either:

1. The requirements of this rule chapter, which implements Section 380.507(11), F.S., or

2. Adopted land acquisition procedures of the local government, subject to approval by the Trust. Approval by the Trust of local government’s land acquisition procedures shall be given provided that the local procedures are consistent with or exceed the requirements of this rule chapter. An officer of the local government or its legal counsel shall certify that the local procedures, if used, are consistent with or exceed the requirements of this rule chapter.

(4) If the local government elects that title vest in the Board of Trustees, the following applies:

(a) The election must be approved by the Trust and the Board of Trustees; and,

(b) The acquisition activities and negotiations shall be conducted by the Trust following the requirements of Section 253.025, F.S., and Rule Chapter 18-1, F.A.C., the applicable statutes and rules for all acquisitions of the Board of Trustees.

(5) Land acquisition procedures of a local land authority created pursuant to Section 380.0663, F.S., shall be used for the Trust’s Area of Critical State Concern Program, described by Rule Chapter 62-816, F.A.C., for land acquisitions within an area of critical state concern designated pursuant to Section 380.05, F.S., subject to approval of the Trust.

(6) Pursuant to Section 380.510(3), F.S., agreements for an award of a grant or loan for land acquisition shall provide all the following:

(a) The Trust shall approve the terms under which the interest in land is acquired.

(b) The transfer of land acquired with a Trust award and the local match shall be subject to the approval of the Trust, and the Trust shall enter into a recordable grant agreement with the transferee, containing such covenants, reverter clauses, or other restrictions as are sufficient to protect the interest of the people of Florida.

(c) The interest in land acquired with an award from the Trust and the local match may not serve as security for any debt the applicant incurs unless the Trust approves the transaction.

(d) If any essential term or condition of a grant or loan is violated, title to all interest in real property acquired with state funds shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund. The Trust shall treat such property in accordance with Section 380.508(4)(e), F.S.

(e) If the existence of a recipient that becomes the titleholder to lands purchased under any Trust program terminates for any reason, title to all interest in real property it has acquired with state funds and local match shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund, unless the Trust negotiates an agreement with another local government or non-profit organization which agrees to accept title to all interest in and to manage the property.

(7) Any deed or instrument of conveyance whereby a non-profit organization or local government acquires real property under this rule chapter and/or Section 380.510, F.S., shall set forth the interest of the state. The trust shall keep at least one copy of any such instrument and shall provide at least one copy to the Board of Trustees of the Internal Improvement Trust Fund.

(8) Pursuant to Section 380.510(4), F.S., the Trust shall require in the grant award agreement terms sufficient to protect the public interest in any improvement or development constructed under an award to an applicant. The agreement shall describe with particularity any real property which is subject to the agreement, and the Trust shall record the grant agreement in the county in which the real property is located.

(9) All deeds or leases with respect to any real property acquired with funds received by the Trust from the Preservation 2000 Trust Fund shall contain such covenants and restrictions as are sufficient to ensure that the use of such real property at all times complies with Section 375.051, F.S., and Section 9. Art. XII of the State Constitution. Each deed or lease shall contain a reversion, conveyance, or termination clause that will vest title in the Board of Trustees of the Internal Improvement Trust Fund if any of the covenants or restrictions are violated by the titleholder or leaseholder or by some third party with the knowledge of the titleholder or leaseholder.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.004.

Fla. Admin. Code R. 62-817.005 Title Report and Evidence of Marketable Title

(1) Initial Title Report. In order to obtain appraisals, the party responsible for acquisition activities as determined in paragraph 62-817.004(3)(c), F.A.C., shall order a title report or title commitment. The title report shall include a legal description of the real property to be acquired that is sufficient to inform the Trust, the recipient and the appraisers of the status of ownership, encumbrances, exceptions, reservations, and previous ownership history.

(2) Evidence of marketable title.

(a) Evidence of owner’s marketable title shall be provided prior to the conveyance of title in the form of a marketable title insurance commitment, which shall be followed after conveyance by an owner’s marketable title insurance policy (ALTA Form B).

(b) The Trust and recipient may mutually agree to waive the requirement of evidence of marketable title for acquisition of property assessed by the county property appraiser at $10,000.00 or less. Such waiver shall be based on such review of the title records as is reasonable under the circumstances that shows no apparent impediment to marketability or to management of the property by the recipient.

(3) Condition of title. The objective of negotiations for acquisition of property is to obtain all the owner’s rights, title and interest in the property, together with such rights as are necessary for the planned use and management of the property. All exceptions, reservations, encroachments or other conditions that are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined by the recipient and the Trust and evaluated as to possible adverse effect on the objectives of the party that is acquiring title to the property.

(a) The purpose of examination of condition of title is to avoid potential adverse title claims and litigation after title is conveyed.

(b) The standard for examination of condition of title shall be The Uniform Title Standards of the Real Property, Probate & Trust Law Section of The Florida Bar, 1981 edition together with all updates.

(c) All such matters potentially having an adverse effect on acquisition goals that become apparent prior to Trust approval of the release of funds shall be disclosed to the Trust prior to or at the time of approval.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.005.

Fla. Admin. Code R. 62-817.006 Appraisal Map; Certified Survey

(1) For each project site, the party responsible for acquisition activities shall cause to be prepared an appraisal map that contains adequate legal description of the real property, any known title information and other land characteristics that may have an impact on the market value of the land. If a project site has a number of parcels within it, a single appraisal map or certified survey may be used, provided it clearly depicts each parcel and contains all the information required above for each parcel. This appraisal map shall be submitted to the selected appraiser(s) and shall be used as the basis of the appraisal.

(2) The appraisal map shall be prepared by a land surveyor currently authorized to practice surveying in the State of Florida.

(3) A certified survey may be used as the appraisal map. The party responsible for acquisition activities may choose to have prepared a certified survey for appraisal purposes before ordering the appraisal(s). A certified survey may be needed to clarify issues unique to the circumstances of the site, such as acreage of the parcel when there are associated sovereign lands or intermittent wetlands and uplands throughout a project site.

(4) The party responsible for acquisition activities has the authority to choose to have prepared either an appraisal map or a certified survey for appraisal purposes, with appropriateness and cost effectiveness as reasonable considerations in making the choice.

(5) If a project site is comprised entirely of platted and recorded subdivision lots, the recorded plat can substitute for the appraisal map.

(6) At least 30 days prior to closing, a certified survey or a recertification of a prior survey must be submitted by the owner or the recipient to the Trust for final approval to rectify acreage and title issues against the title commitment, the negotiated purchase agreement and the appraisal(s) used to determine the maximum approved purchase price.

(7) In cases where a certified survey cannot be practically completed or where the cost of the certified survey would be prohibitive relative to the expected value of the real property, the requirement for such certified survey may, in whole or in part, be waived by the recipient and the Trust. Such a waiver shall be requested by the recipient at the time of project plan approval in the case of the Preservation 2000 Program (Rule Chapter 62-815, F.A.C.), or at the time of management plan approval for the Area of Critical State Concern Program (Rule Chapter 62-816, F.A.C.).

(8) The certified survey shall be prepared according to the Minimum Technical Standards for Land Surveying and such additional requirements as may be determined by the Trust or the recipient to be necessary to meet the intent of the statute and this rule chapter. The certified survey shall accurately portray to the greatest extent practicable the condition of the real property as it currently exists. The survey must have been certified within 90 days of the closing on the property unless this requirement is waived by the title insurer for the purpose of deleting the standard survey exception from the owner’s title insurance policy.

(9) If a project site includes associated water bodies, a safe upland line, as opposed to a surveyed mean or ordinary high water line, shall be an acceptable line for determining the acreage upon which the purchase price of the site to be acquired is based.

(10) The certified survey shall be reviewed and approved by the Trust as being in compliance with the requirements of this rule chapter. Certified surveys shall be reviewed by a review surveyor who is employed by or under contract to the Trust. The review surveyor must meet the same qualifications as the surveyor who conducts the certified survey.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.006.

Fla. Admin. Code R. 62-817.007 Appraisal Procedures, Appraisal Report Requirements and Determination of Maximum Approved Purchase Price

(1) The party responsible for acquisition activities shall contract with the approved appraiser(s) qualified to appraise real property that is like the project site, according to contract requirements of the recipient or the Trust, whichever is responsible for acquisition activities.

(2) Techniques and methods used by the appraiser shall substantially conform to the Uniform Standards of Professional Appraisal Practice, as defined in Chapter 475, F.S.

(3) The party responsible for acquisition activities shall provide to the appraiser all pertinent title information developed in the title report, a specification of the rights to be acquired, a list of items, if any, considered to be noncompensable, minimum appraisal requirements that apply, required appraisal forms or formats, and an appraisal map or certified survey.

(4) An appraiser shall be approved whose name appears on the list of approved appraisers of the Florida Communities Trust. The Florida Communities Trust shall include on its list of approved appraisers any appraiser who is on the list of approved appraisers on file with the Division of State Lands, Department of Environmental Protection. The list of approved appraisers shall be on file for public examination in the offices of the Trust.

(5) Section 125.355(1)(a), F.S., for counties, and Section 166.045(1)(a), F.S., for municipalities, require that in any case in which a county or municipality, pursuant to the provisions of this section, seeks to acquire by purchase any real property for a public purpose, every appraisal must be in writing.

(6) The party responsible for acquisition activities shall obtain at least one appraisal by an approved appraiser for each purchase in an amount less than $500,000.00. For each purchase in an amount greater than $500,000.00, the party responsible for acquisition activities shall obtain at least two appraisals by approved appraisers.

(7) Determination of Maximum Approved Purchase Price.

(a) For purposes of calculating the Trust and the recipient shares of the purchase price paid for real property, a maximum approved purchase price shall be determined. The Trust grant approval agreement will describe financial participation by the Trust and the recipient on a percentage basis. The Trust considers that the maximum purchase price in which it will participate shall be the maximum approved purchase price. If the recipient or its agent negotiates a purchase price higher than the maximum approved purchase price, the recipient shall pay all the purchase price amount over the maximum approved purchase price, in addition to the local match percentage share of the maximum approved purchase price.

(b) Appraisals shall be reviewed by a review appraiser who is employed by or under contract to the Trust. The review appraiser must meet the same qualifications as appraisers who conduct the appraisals. The review appraiser must certify to the Trust that the appraisals have been conducted substantially in accordance with this rule chapter and with correct appraisal standards and methods, and must certify the appraised value(s) of the subject real property. This certified value shall be referred to hereinafter as “the maximum approved purchase price.”

(c) The maximum approved purchase price shall be the value indicated in a single reviewed and approved appraisal if only one appraisal is required. If two appraisals are obtained and approved when only one is required by this rule chapter, the maximum approved purchase price shall be the higher value indicated in the appraisals, so long as the higher appraisal value is not greater than 120% of the lower appraisal value.

(d) The maximum approved purchase price of a project site or parcel within a project site shall not exceed the higher value indicated in the two appraisals that have been reviewed and approved by the review appraiser.

(e) If two appraisals are required and their values do not differ significantly, the maximum approved purchase price shall be the higher value indicated in the two appraisals. The two appraisals, shall be considered to differ significantly if the higher of the two values exceeds 120% of the lower value.

(f) When two appraisals required under subsection (6), above, differ significantly, the following steps shall be taken:

1. The review appraiser shall request that the two appraisers review the differences in their respective reports to attempt to rectify their value conclusions so that the two value conclusions are not significantly different,

2. A third appraisal shall be obtained if the two appraisals differ significantly and the differences cannot be rectified as in the above paragraph,

3. A third appraisal shall not be obtained if the decision is made by the party responsible for acquisition activities to negotiate an acquisition price of no more than 120% of the lower of the two reviewed and approved appraisals,

4. If a third appraisal is obtained and reviewed and approved, the maximum approved purchase price shall be the value contained in the higher of the two closest appraisals, so long as the two closest appraisals do not differ significantly. If the two closest appraisals differ significantly, 120% of the lower of the two appraisals shall be the maximum approved purchase price.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.007.

Fla. Admin. Code R. 62-817.008 Confidentiality of Appraisals

(1) The Trust, the recipient, the recipient’s agent(s) and the party responsible for acquisition shall maintain confidentiality of appraisals, according to the requirements set forth below.

(2) Section 125.355(1)(a), F.S., for counties, and Section 166.045(1)(a), F.S., for municipalities, require that in any case in which a county or municipality, pursuant to the provisions of this section, seeks to acquire by purchase any real property for a public purpose, every appraisal must be in writing.

(3) Pursuant to the sections cited in subsection (2), above, such appraisals are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), F.S., until an option contract is executed by the municipality or county, or if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the governing body of the municipality or county.

(4) Pursuant to the sections cited in subsection (2), above, if a contract or agreement for purchase is not submitted to the municipal or county governing body for approval, the exemption from Section 119.07(1), F.S., will expire 30 days after the termination of negotiations.

(5) The date of termination of negotiations shall be based on a written statement from a party to the negotiations that good faith efforts at negotiating a purchase agreement have failed and that the party desires to cease negotiations. Reinitiation of negotiations shall require approval of the Trust.

(6) The Trust and the recipient, and their agents if any, shall execute an agreement to maintain confidentiality of appraisals until such time as the appraisal information is no longer exempt from Section 119.07(1), F.S., as described in subsection (3), above. This agreement of confidentiality shall expressly name the individuals to whom the appraisal information may be disclosed during the period that the appraisal is exempt from the requirements of Section 119.07(1), F.S. Pursuant to the sections cited in subsection (2), above, the exemptions from Section 119.07(1), F.S., that are provided in this paragraph are subject to the Open Government Sunset Review Act in accordance with Section 119.14, F.S.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.008.

Fla. Admin. Code R. 62-817.009 Negotiation of Offers and Counteroffers

(1) As described in paragraph 62-817.004(3)(c), F.A.C., the recipient shall elect whether the recipient or its agent, or the Trust or its agent, will conduct all negotiations with the owner.

(2) It shall be the goal of the Trust and the recipient that the acquisition of the real property be negotiated at the best price and terms that can be negotiated in the interest of the project’s public purpose. The objective of all purchase negotiations shall be to obtain, at the lowest possible price, the appropriate interest in real property free of encumbrances, conditions, restrictions and reservations that would impede the purposes or management of the project site. In the course of negotiations the party responsible for negotiations may discuss the advantages of a donation and bargain sale. If the real property to be acquired is not already surveyed and the acreage of the site is not known, the owner shall be apprised of the benefits of obtaining a safe upland line survey, as opposed to a mean high water or ordinary high water survey, for calculating the acreage of the site. In making an offer the party responsible for negotiations shall consider the benefit to the owner of a single cash payment in relation to the maximum offer allowed by law.

(3) The Trust desires that the party responsible for negotiations negotiate the purchase price at or below the maximum approved purchase price.

(4) Pursuant to Sections 125.355(1)(b), F.S., for counties and Section 166.045(1)(b), F.S., for municipalities, if the agreed purchase price exceeds the average appraised price of the two appraisals, the county or municipal governing body is required to approve the purchase by an extraordinary vote. The county or municipal governing body may, by ordinary vote, exempt a purchase in an amount of $100,000.00 or less from the requirement for an appraisal.

(5) Pursuant to Section 125.355(1)(a), F.S., for counties, and Section 166.045(1)(a), F.S., for municipalities, in any case in which a county or municipality, pursuant to the provisions of that section and using funds distributed under a grant from the Trust, seeks to acquire by purchase any real property for a public purpose, every offer or counteroffer must be in writing.

(6) Pursuant to Section 380.510(3), F.S., grant agreements for an award for land acquisition shall provide that the Trust shall approve the terms under which the interest in land is acquired. Such approval shall be given at the time the Trust governing body approves the executed purchase agreement negotiated by either the recipient or its agent, or the Trust or its agent and approves the release of funds. The recipient shall have executed the purchase agreement prior to approval by the Trust.

(7) The party responsible for negotiations may negotiate and enter into a purchase agreement prior to or after the receipt and approval of appraisals. However, such negotiations and agreements are subject to the conditions established in this rule chapter. All owner contact shall be documented in the appropriate acquisition file of the party responsible for conducting negotiations.

(8) When the party responsible for negotiations initiates acquisition negotiations prior to the receipt of the required number of appraisal reports reviewed and approved in accordance with Rule 62-817.007, F.A.C., that party assumes all risk and responsibility that may arise out of a negotiated purchase price that exceeds the maximum approved purchase price or other review standards set forth in Rule 9K-6.007, F.A.C.

(9) Initial contact with the owner by the party responsible for negotiations may be established prior to negotiations. When initiated, such contact should be limited to the following:

(a) To inform the owner of the land acquisition program under which the project is being considered, and to request the owner’s permission to inspect the property in order to determine its suitability for the purposes of the acquisition.

(b) To ascertain or confirm the owner’s interest in conveying the property to the recipient or the Board of Trustees.

(c) To explain in general terms the possible tax advantages of land donations and bargain sales.

(d) To request permission from the owner in order to have his property appraised and surveyed.

(e) To discuss the timing of possible future acquisitions, and the competition for funds under the various Trust acquisition programs.

(f) To discuss the matter of representation of the owner by an agent in any future negotiations, and the necessary confirmation by the owner of the agent’s status.

(g) To request available title data.

(h) To advise of disclosure requirements.

(i) To request available property survey data.

(j) To discuss other information pertinent to the acquisition process in general.

(10) Upon the initiation of negotiations the owner shall be notified in writing that the terms of the final purchase agreement are subject to affirmative action by the recipient and the Trust, if title is to be conveyed to the recipient, and the Board of Trustees, if title is to be conveyed to the Board of Trustees.

(11) Pursuant to the sections cited in subsection (5), above, the county or municipality shall maintain complete and accurate records of every such offer and counteroffer. For the purposes of this section, the term “option contract” means a proposed agreement by the county or municipality to purchase a piece of property, subject to the approval of the county or municipal governing body at a public meeting after 30 days’ public notice, and also subject to approval by the Trust at a public meeting. The county or municipality will not be under any obligation to exercise the option unless the option contract is approved by the county or municipal governing body at the public hearing specified in this section, and approved by the Trust at a public meeting duly noticed.

(12) When the owner is represented by an agent or broker, negotiations may not be initiated or continued with the agent until a written statement signed by the owner verifying the agent’s legal or fiduciary relationship with the owner has been received by the party responsible for negotiations.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.009.

Fla. Admin. Code R. 62-817.010 Confidentiality of Offers and Counteroffers

(1) The Trust and the recipient shall maintain confidentiality of offers and counteroffers, according to the requirements set forth below.

(2) Pursuant to Section 125.355(1)(a), F.S., for counties, and Section 166.045(1)(a), F.S., for municipalities, such offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), F.S., until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the governing body of the municipality or county.

(3) Pursuant to the sections cited in subsection (2), above, if a contract or agreement for purchase is not submitted to the municipal or county governing body for approval, the exemption from Section 119.07(1), F.S., will expire 30 days after the termination of negotiations.

(4) The date of termination of negotiations shall be based on a written statement from a party to the negotiations that good faith efforts at negotiating a purchase agreement have failed and that the party desires to cease negotiations. Reinitiation of negotiations shall require approval of the Trust.

(5) The Trust and the recipient, and their agents if any, shall execute an agreement to maintain confidentiality of offers and counteroffers until such time as the offers and counteroffers are no longer exempt from Section 119.07(1), F.S., as described in subsection (3), above. This agreement of confidentiality shall expressly name the individuals to whom the offers and counteroffers may be disclosed during the period that the offers and counteroffers are exempt from the requirements of Section 119.07(1), F.S. Pursuant to the sections cited in subsection (2), above, the exemptions from Section 119.07(1), F.S., that are provided in this paragraph are subject to the Open Government Sunset Review Act in accordance with Section 119.14, F.S.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.010.

Fla. Admin. Code R. 62-817.011 Purchase Agreements

(1) The form of the final negotiated purchase shall be a written purchase agreement that is signed by the owner, the recipient and the Trust.

(2) The Trust or recipient may prepare and use any form of purchase agreement approved by the Trust as meeting the intent of all applicable laws and this rule chapter.

(3) The Trust shall develop a model standard purchase agreement that may be used by the party conducting the negotiations.

(4) The party responsible for negotiations shall obtain all disclosures of beneficial interest required in Section 286.23, F.S., before entering into a purchase agreement.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.011.

Fla. Admin. Code R. 62-817.012 Examination for Hazardous Materials Contamination

(1) All sites acquired with funds from the Preservation 2000 Trust Fund shall be examined for hazardous materials contamination within 45 days before closing.

(2) The examination for hazardous materials contamination shall be performed by an individual who is experienced in performing such an environmental site assessment and shall be documented in writing to the Trust and the recipient.

(3) The examination for hazardous materials contamination shall be performed to the standard of practice of the American Society of Testing Materials. For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice E 1527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site.

(4) Prior to closing the recipient shall examine the written assessment and advise the Trust in writing of its understanding that by accepting title, it may be assuming liability for future adverse action or cleanup associated with the lands covered by the assessment.

(5) Because the Board of Trustees will have an executory interest in the land, the Trust shall have the right to refuse to deliver funds for closing a site where hazardous materials contamination, in the sole view of the Trust, presents a liability to the state that outweighs the benefits derived from the acquisition of the site. In the event an adverse environmental assessment is reported on a site after the Trust governing board has approved the project plan and the release of funds for the site, the Trust governing board hereby delegates to Trust staff the authority to determine if a delay in, or termination of, the closing is in the best interest of the State of Florida. Exercise of such delegation of authority shall be subject to ratification by the governing board at its next regularly scheduled meeting. Prior to exercising the delegation of authority, the Trust staff shall confer with the appropriate staff of the Department of Environmental Protection for assistance in assessing the risk to the State of Florida. If it is determined by Trust staff that a delay in, or termination of, the closing is in the best interest of the State of Florida, the Trust staff shall immediately notify the Recipient. The party responsible for negotiations shall immediately notify all other parties to the purchase agreement of the action taken and the basis for the action.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Formerly 9K-6.012.

Fla. Admin. Code R. 62-817.013 Trust Governing Body Action

(1) Pursuant to Section 380.510(3), F.S., the Trust shall approve the terms under which the interest in land is acquired. Such approval shall be evidenced by the Trust execution of the purchase agreement.

(2) The Trust shall consider and approve the terms of the acquisition, together with all other requirements associated with the grant award to the recipient and the release of funds for the grants.

(3) Notice of this approval shall be published in the Florida Administrative Weekly, according to the subsection 62-815.011(3) or 62-816.007(6), F.A.C., which notify the public that any person with substantial interests that are or may be determined by the approval or denial of funds for projects by the Trust may request an administrative proceeding pursuant to Section 120.57, F.S., and Rule 9K-1.008, F.A.C., within 21 days from publication of the Notice of Approval for Preservation 2000 Funds.

(4) After the expiration of the 21-day notification period and provided that all purchase agreement and grant terms have been met, the Trust shall execute a letter notifying the seller of exercise of option, if an option agreement was used. The recipient shall likewise execute a letter notifying the seller of exercise of option when all purchase agreement and grant requirements have been met.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Amended 9-7-00, Formerly 9K-6.013.

Fla. Admin. Code R. 62-817.014 Closing

(1) Prior to closing the Trust shall prepare a grant reconciliation statement which shall evidence expenditures for all eligible project costs for the portion of the project to be closed. The reconciliation statement shall be based on the prepared buyer and seller closing statements, the prepaid project costs of the recipient and the Trust evidenced by paid receipts, any reimbursements to the seller or others to be made after closing, the grant award amount and any revisions to the award. The reconciliation statement shall evidence the amount of funds needed from the Trust and recipient in order that the closing may occur.

(2) The Trust Executive Director shall have the authority to modify the purchase agreement previously approved by the Trust to extend the time for option exercise, closing date, submittal deadlines or any other time limit relating to such agreement, provided the total extension of time for closing does not exceed 180 calendar days after the date contemplated in the purchase instrument approved by the Trust. The Executive Director shall also have the authority to execute or modify all documents necessary for the implementation of Trust action, including but not limited to the purchase agreement, letter of notification of exercise of option, leases, easements, legal descriptions, deeds, assignments, and other miscellaneous agreements and affidavits, provided the modification does not change the substance nor the scope of Trust approval, and provided the document executed or modified was either approved by the Trust or contemplated by Trust approval. Any changes in the purchase price to be paid to the owner not contemplated by the terms of the purchase agreement must be approved by the Trust. An extension or modification may only be made under the terms of the purchase agreement, or with the owner’s agreement.

(3) The party responsible for negotiations shall have obtained all disclosures of beneficial interest required in Section 286.23, F.S., and those required by Section 380.08(2), F.S., before entering into a purchase agreement. All other disclosures shall be obtained no later than 10 days prior to closing. Appropriate disclosures shall be filed with the Department of State as required by law. Disclosures not required by statute may be waived by the Executive Director in the case of acquisitions of property for a price of $250,000.00 or less where the Executive Director finds that the difficulty on the person providing such disclosures outweighs the value of the disclosed information to the Trust or the acquiring agency. The following information shall also be included in the statement supplied by the owner no later than 10 days prior to closing:

(a) The total amount of any finder’s fee, real estate commission or other similar commission, including a statement as to whom those fees will ultimately be paid;

(b) The total amount of the attorney’s fees paid to the owner’s attorney, including a statement as to whom these fees will ultimately be paid;

(c) The amounts of other costs incidental to the sale, indicating to whom these sums have been or are to be paid.

(4) The party responsible for negotiations shall be responsible for proper completion of the closing, proper recordation of all legal documents and payment of required fees.

(5) Time and place of closing shall be determined in the purchase agreement negotiated with the owner.

(6) The Trust shall prepare a grant agreement for execution by the Trust and the recipient and for recording at the time of closing and conveyance of title to the recipient, pursuant to Section 380.510(4), F.S. The recordable grant agreement shall restate conditions that were placed on the project site at the time of project selection and initial grant approval and that shall take effect upon conveyance of title to the recipient.

(7) A copy of all original documents, including recorded documents, shall be forwarded to the Trust and the recipient within 30 days after receipt from the closing agent by the party responsible for acquisition activities. All such documents shall be accompanied by a written statement signed by the recipient indicating that all documents have been approved and accepted by the recipient as to form and legality.

(8) Any reimbursements associated with the project closing will be made according to the terms set forth in the document describing such reimbursements.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS. History–New 7-7-94, Amended 9-7-00, Formerly 9K-6.014.

Chapter 62-818 FLORIDA FOREVER PROGRAM, GRANT APPLICATION PROCEDURES

Fla. Admin. Code R. 62-818.001 Purpose

This rule chapter sets forth the procedures that must be followed for grant applications for Florida Forever funds awarded by Florida Communities Trust. The purpose of the program is to provide grants to local governments and non-profit environmental organizations for the acquisition of community-based projects, urban open spaces, parks and greenways to implement local government comprehensive plans.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Repromulgated 5-20-02, Amended 2-7-05, Formerly 9K-7.001.

Fla. Admin. Code R. 62-818.002 Definitions

(1) “Acquisition” means the act of obtaining real property or interests and rights therein by appropriate legal means in furtherance of The Florida Forever Act and this rule chapter.

(2) “Acquisition Plan” applies to Project Sites with multiple parcels or multiple owners and means a written description of the priority parcels and the general order in which the parcels will be acquired to assure that, in the event that all parcels cannot be acquired, the purposes of the project can be achieved.

(3) “Applicant” means an eligible Local Government entity(ies) or Nonprofit Environmental Organization entity(ies) which submit an Application(s) or Partnership Application(s) for Florida Forever funds through the Trust. An Applicant who has been approved for funding by the Trust and who has executed a Grant Agreement with the Trust shall also be referred to as a Recipient.

(4) “Application” means a formal request by an Applicant on an approved form for Florida Forever funds from the Trust, and consisting of a project proposal together with required documentation submitted pursuant to this rule chapter.

(5) “Award” means a grant from the Trust pursuant to the procedures developed in this rule chapter.

(6) “Board of Trustees” means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund.

(7) “Declaration of Restrictive Covenants,” formerly known as the “Grant Award Agreement,” means a recordable document that states all conditions to be placed on the Project Site upon its conveyance to the Recipient using Trust Funds.

(8) “Department” means the Florida Department of Environmental Protection.

(9) “Donation” means a voluntary transfer of title and possession of cash or real property without consideration; the conveyance of land by the owner at a purchase price below its market value can be considered a donation of a portion of the purchase price only when the owner expresses the intent, in advance of purchase and sale negotiations, to make a bargain sale, with no conditions placed on the bargain sale or donation.

(10) “Ecological Corridor” means a natural or open space corridor that connects Natural Communities to provide, enhance and protect wildlife habitat and biodiversity.

(11) “Florida Forever Funds” means proceeds from the Florida Forever Trust Fund created by section 259.1051, F.S., and distributed to the Department pursuant to sections 259.105(3)(c) and 380.5115, F.S., for the purpose of providing Acquisition Awards through the Florida Communities Trust Florida Forever Program.

(12) “Florida National Scenic Trail” (Florida Trail) means a National Scenic Trail designated by U.S. Congress in 1983. Primarily a hiking trail, it is a recreational trail, greenway and ecological corridor extending approximately 1,400 miles through the state. The trail is recognized as Florida’s official statewide, non-motorized trail in section 260.012(6), F.S. The Federal Administrator of the Trail, the USDA Forest Service, assisted by the Florida Trail Association, has identified a proposed route for the trail in the publication “Preferred Routing of the Florida National Scenic Trail.”

(13) “Future Land Use Map” means a map or map series included within the future land use element of a local comprehensive plan that meets the requirements of section 163.3177(6), F.S.

(14) “Governing Board” means that five-member governing body described in sections 380.504 and 380.505, F.S.; the powers of the Trust are vested in its Governing Board members, pursuant to section 380.505, F.S.

(15) “Grant Agreement”, formerly known as the “Grant Contract,” means a written contract between the Trust and the Recipient setting forth the requirements and responsibilities for Acquisition and management of the Project Site.

(16) “Greenway” means a linear open space protected and managed as part of linked conservation lands or recreation opportunities. Greenways typically follow natural landscape features such as rivers, streams, shorelines, and abandoned railroad right-of-ways. Greenways may protect the habitat of native plants and wildlife, maintain wildlife movement routes and natural connections, or provide opportunities for outdoor recreation.

(17) “Habitat” means a natural community or communities composed of physical and biological elements that typically support populations of plants and animals.

(18) “Joint Acquisition” means the entire Project Site or a portion of the Project Site will be acquired by the Applicant and the Trust together through a voluntarily-negotiated transaction.

(19) “Listed Animal Species” means animal species listed as endangered, threatened or of special concern by the Florida Fish and Wildlife Conservation Commission in chapter 68A-27, F.A.C.

(20) “Local Comprehensive Plan” means a plan that meets the requirements of sections 163.3177, 163.3178, 163.3180, 163.3191, 163.3245 and 163.3248, F.S., and has been found to be in compliance in accordance with section 163.3184, F.S.

(21) “Local Government” means a county or a municipality within the State of Florida.

(22) “Low-income Community” means a U.S. Census tract in which the median family income is less than half that of the state median family income.

(23) “Major Military Installation” includes the following areas designated by the United States Military: Avon Park Air Force Range, Camp Blanding Joint Training Center, Eglin Air Force Base & Hurlburt Field including Outlying Field Camp Rudder and Duke, Homestead Air Force Reserve Base, MacDill Air Force Base, Naval Air Station Jacksonville including Outlying Field Whitehouse, Naval Air Station Key West (Boca Chica), Patrick Air Force Base, Tyndall Air Force Base, Naval Station Mayport, Naval Air Station Pensacola (Pensacola Complex) including Outlying Field Saufley and Site 8 and Naval Air Station Whiting Field including Outlying Field Pace, Spencer, Harold, Santa Rosa, Choctaw and Holley.

(24) “Management Plan” means a plan prepared by the Recipient under this rule chapter and approved by the Trust regarding the long-term care and management of the Project Site.

(25) “Match” means the provision of cash, eligible Project Costs, value of real property donated by a party(ies) other than the Applicant, or real property owned by the Applicant, provided the Match is from an eligible source as set forth in section 259.105(3)(c), F.S.

(26) “Natural Community” means a community that is dominated by native plant species as described in the Florida Natural Areas Inventory publication, “Guide to the Natural Communities of Florida.” A Natural Community generally possesses the following characteristics: the plant species composition includes most of the more common species typical of that natural community type; the community may contain small areas of exotic or invasive plants that could be easily controlled by prescribed burning or other forms of management; evidence of historical disturbance may be present but disturbance has not destroyed or prevented the re-establishment of a mature natural community type; and, the community is not substantially disturbed by recent human activities, except for such disturbance as low intensity forestry activities that allow the natural community to recover to previous conditions.

(27) “Neighborhood Recreation Center” means a small community oriented building, generally up to 15,000 square feet, used primarily by one or more adjacent neighborhoods. The center could provide facilities for activities such as, indoor recreational programs, after school programs, summer programs, yoga classes, dance classes, or art and craft classes.

(28) “Nonprofit Environmental Organization” means a private nonprofit organization, existing under the provisions of Section 501(c)(3) of the United States Internal Revenue Code which has and can demonstrate that the conservation of natural resources or protection of the environment are among its principal purposes and goals.

(29) “Outdoor Recreation” means the pursuit of leisure-time activities that occur in an outdoor setting and that are dependent on some particular element or combination of elements in the natural environment. Examples of such activities include bicycling, walking, hiking, skating, swimming, horseback riding, boating, camping, fishing, hunting, picnicking, studying nature, and visiting archaeological and historical sites.

(30) “Partnership Application” means an Application for an Award submitted to the Trust by two or more eligible Applicants.

(31) “Phased Project” means the phased continuation of a project which has been acquired by the Trust in a prior funding cycle. The phased continuation must be adjacent (or adjacent through public ownership) to the previously acquired project. A Phased Project is generally characterized as a unified project but which, as a result of numerous owners, unique or linear configuration, or funding limitations, causes the project to be difficult or burdensome to develop and complete during a single funding cycle of the Trust and is instead developed as part of two or more Trust funding cycles.

(32) “Pre-acquired” means the Project Site or a portion of the Project Site has been acquired by the Applicant through a voluntarily-negotiated transaction within 24 months prior to the Application deadline.

(33) “Project Costs” means the total of all eligible costs associated with the Acquisition of the Project Site in accordance with this rule chapter and chapter 62-819, F.A.C., and may include the cost of the following items: purchase price for Acquisition of all or a portion of the Project Site; certified survey containing an adequate legal description of the Project Site; any assessment or examination essential and necessary to determine Project Site boundary; appraisal report(s) and appraisal review of the Project Site; title report and title insurance premium; reasonable real estate fees or commissions not to exceed $10,000.00 per grant Application and environmental site assessment(s) performed pursuant to rule 62-819.012, F.A.C.

(34) “Project Plan” means the compilation of items to be approved by the Trust that when taken together provide a detailed description of a proposed project that has received approval for an Award from the Trust. A Project Plan shall be prepared by the Recipient pursuant to the requirements of this rule chapter and chapter 62-819, F.A.C., and shall be approved by the Trust prior to disbursement of Florida Forever Funds.

(35) “Project Site” means the specific area(s), defined by a boundary map or legal description and Certified Survey, where Trust funds are proposed in an Application to be used for all or a portion of the Acquisition. Project Site may include non-contiguous areas, so long as connectivity through other public ownership (excluding road right-of-ways and water bodies) is demonstrated, and the non-contiguous areas are part of a unified scheme of development and management, or the project includes non-contiguous parcels that are part of a local government adopted riverwalks or beach boardwalk plans, listed species habitat or riverine corridor protection plan. Parcels contained within a riverwalk or beach boardwalk plan shall be within one mile of each other. For listed species habitat protection plans, all parcels are required to be within two miles of each other. For riverine corridor protection plans all parcels are required to be within five miles of each other. Project Sites divided by small water bodies, such as narrow streams, may be considered if the project is part of a unified scheme and the small water body does not fragment the Project Site. Project Sites divided by a two-lane road that can be safely crossed may be considered if the site fragmentation caused by the road does not diminish pedestrian access or recreational opportunities.

(36) “Reasonable Assurance” means the Applicant’s ability to demonstrate to the Trust that there is a substantial likelihood that the project will be successfully implemented and managed in accordance with the Application and the Grant Agreement, and may include the Trust’s inquiry into: the Applicant’s current and prospective financial condition; the Applicant’s history in acquiring, developing and managing similar projects; the Applicant’s financial commitment to the subject project as evidenced by the amount and type of any Match in the form of monies or real estate; and the character and background of the Applicant’s partners, directors, officers, managers, project administrators, controlling shareholders (if applicable), and appointed or elected officials.

(37) “Recipient” means an Applicant that has been approved for funding by the Trust and who has executed a Grant Agreement with the Trust for an Award.

(38) “Recreational Trail” means a linear land-based corridor for recreation purposes which may include, but is not limited to, bicycling, walking, running, skating, and horseback riding.

(39) “Recreational Trail System” means a network of Recreation Trail(s) and adjacent support parcels connecting parks, schools, residential and commercial or retail areas for recreation and authorized alternative modes of transportation. For a Recreational Trail System that is primarily located within road right-of-ways, the trail shall consist of either stabilized soils or paved trail separated from the road with occasional limited use of sidewalks that make critical connections within the system.

(40) “Reimbursement” means recognition of those eligible Project Costs incurred for Pre-acquired parcel(s) or Reimbursement Acquisition parcels.

(41) “Reimbursement Acquisition” means the entire Project Site or remaining portion of the Project Site will be acquired by the Applicant through a voluntarily-negotiated transaction after the application deadline and within the terms of the Grant Agreement.

(42) “State Designated Paddling Trail” means a mapped paddling trail that has been officially designated by the State Legislature or the Office of Greenways and Trails.

(43) “Trust” means the Florida Communities Trust, a nonregulatory agency and instrumentality, which is a public body corporate and politic, created within the Department pursuant to chapter 380, part III, F.S., or the Governing Board of the Florida Communities Trust.

(44) “Urban Area” means an area of or for development characterized by social, economic and institutional activities which are predominantly based on the manufacture, production, distribution, or provision of goods and services in a setting which typically includes residential and nonresidential development uses other than those which are characteristic of rural areas.

(45) “Urban Service Area” means built-up areas where public facilities and services such as sewage treatment systems, roads, schools, and recreation areas, are already in place. For the purpose of this rule, it may also include other similar designations that have been formally adopted by a local government on its Future Land Use Map, or it may be an area that is currently provided services such as those listed above.

(46) “Voluntarily-Negotiated Transaction” means an arm’s length market value transaction between a willing seller and a willing buyer. The use of condemnation or the threat of condemnation is not considered a Voluntarily-Negotiated Transaction.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05, 2-19-07, 2-8-10, Formerly 9K-7.002, Amended 6-10-13.

Fla. Admin. Code R. 62-818.003 General Requirements and Eligibility Standards

The following constitutes the general procedures for the Florida Forever Program of the Florida Communities Trust (FCT).

(1) Application Form. Application Form FCT-5 (eff. 2-8-10), incorporated herein by reference, is prescribed for use with these rules. Applications for funding must be submitted on Application Form FCT-5. Applicants may only submit one Application Form per Project Site. A copy, or instructions for receiving the Application Form in an electronic format, may be obtained by writing to the Florida Communities Trust, 3900 Commonwealth Boulevard, MS #115, Tallahassee, FL 32399-3000, by calling (850)245-2669, or via http://www.flrules.org/Gateway/reference.asp?No=Ref-02354.

(2) Notice of Application Period. The Trust shall announce the limitation on Award amounts and applicable deadlines in the Notice of Application Period published in the F.A.R.

(3) All Project Sites shall be open to the public.

(4) Eligible Applicants:

(a) Local Governments; and,

(b) Nonprofit Environmental Organizations.

(5) Current Applications: If any Applicant has three or more active Grant Agreements at the time of the project selection meeting, the Applicant shall not be funded for additional grant Applications until the Applicant has closed out one or more of the active Grant Agreements so that there are no more than two active Grant Agreements.

(6) Overdue Stewardship Reports: The Governing Board will not consider any Applications submitted by an Applicant with an overdue stewardship report. A stewardship report is considered overdue when it has not been received or approved by the Trust within the one year period immediately preceding the grant application deadline. Applicants may cure the overdue status if the overdue stewardship report is received and approved by the Trust at least 21 days prior to the scheduled Trust Governing Board project selection meeting.

(7) Limitation of Awards. The total amount of any Award or combination of Awards applied for by any Local Government(s) or Nonprofit Environmental Organization(s) under any Application(s) or Partnership Application(s) for any project(s) shall not exceed five million dollars ($5,000,000.00) during any one cycle. All award(s) for Partnership Applications shall, for purposes of calculation of award limitations, be divided equally among the Local Government(s) or Nonprofit Environmental Organization(s).

(8) Match Requirement. All Local Governments shall provide a minimum of 25 percent match toward the Project Costs, including:

(a) Partnership Applications between Local Governments (other than a small Local Government as defined in subparagraph 62-818.003(8)(c)1., F.A.C., below) and Nonprofit Environmental Organizations shall be required to provide a Match.

(b) Partnership Applications between two or more Local Governments shall be required to provide a Match unless all of the Local Governments are small Local Governments as defined in subparagraph 62-818.003(8)(c)1., F.A.C., below.

(c) A minimum Match shall not be required under the following circumstances:

1. The Trust shall award a portion of the Florida Forever funds for Awards, for which no Match is required, for the benefit of small Local Governments, as follows: county governments with populations of 75,000 or fewer and municipal governments with populations of 10,000 or fewer.

2. The Trust shall award a portion of the Florida Forever funds for Awards, for which no Match is required, for the benefit of Nonprofit Environmental Organizations that have provided the Trust with Reasonable Assurance that they can develop and manage the Project Site in a qualified, competent and professional manner.

(9) Eligible Sources of Match. The Applicant’s eligible sources of Match may include, but are not limited to, the following sources: Local Government funds; Nonprofit Environmental Organization funds; state or federal grants or loans; private cash donations; real property owned by the Applicant or donated to the Applicant by a party other than the Applicant; or, in advance of negotiations, an owner’s commitment to the value of a bargain sale or donation of all or part of the purchase price of the Project Site. Any real property owned by the Applicant must be acquired through a Voluntarily-Negotiated Transaction within 24 months prior to, or 24 months after, the Application deadline. Additionally, any real property utilized as a Match shall be included in the Application, shall be considered part of the Project Site and shall be subject to all restrictions placed on the Project Site. Applicants may not use funds from the Florida Forever Trust Fund for any part of the Match.

(10) Site Acquisition. The Acquisition of a Project Site shall take place under one of the following procedures:

(a) For a Project Site that consists of ten or fewer ownerships to be jointly acquired with the Trust, the Recipient may request that the Trust or the Recipient act as the party responsible for the Acquisition activities.

(b) For a Project Site that consists of eleven or more ownerships to be jointly acquired with the Trust, the Recipient shall be required to act as the party responsible for the Acquisition activities.

(c) If the Trust determines that the Recipient does not have the necessary expertise or qualifications to be able to timely negotiate the acquisition of the project site, the Trust shall act as the party responsible for the Acquisition activities.

(11) Site Management. Each Applicant is required to provide a Management Plan as outlined in this rule chapter. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to section 259.105, F.S., and chapter 380, part III, F.S., the Applicant shall be required to provide the Trust with Reasonable Assurance that they have the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner that is consistent with the approved Management Plan. Where the Application or Partnership Application does not include at least one Local Government, the Trust shall: require the Recipient to establish an endowment or other fund in an amount equal to ten percent of the project cost to insure that the Project Site shall be reasonably and professionally managed in perpetuity; require a guaranty or pledge by a Local Government, the Water Management District, the Florida Forest Service, the Florida Fish and Wildlife Conservation Commission, or the Department which shall require the Local Government, the Water Management District or the State agency to take over the responsibility for management of the Project Site in the event the Nonprofit Environmental Organization is unable to; and require such other assurances as the governing board may deem necessary to adequately protect the public interest.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.505-.515 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05, 2-19-07, 2-8-10, 4-6-11, Formerly 9K-7.003, Amended 6-10-13.

Fla. Admin. Code R. 62-818.004 Submission of Application and Application Materials

(1) Applications must be submitted by mail or delivery to the Florida Communities Trust, Department of Environmental Protection, 3900 Commonwealth Boulevard, MS #115, Tallahassee, FL 32399-3000. To be timely submitted, Applications must be received on or before the published Application deadline.

(2) Deadlines for submitting Applications shall be announced in the F.A.R. at least 75 calendar days prior to each deadline.

(3) Applications must be transmitted with an original signature cover letter on Applicant’s letterhead, signed by the appropriate representative, official or administrator, binding the Applicant to fulfill the commitments made in the Application, and identifying the employee of the local government or representative of the Nonprofit Environmental Organization that will act as the key contact between the Trust and the Applicant.

(4) Applicants must submit four (4) complete sets of Application materials. One set shall contain original text and non-text items. The remaining three sets shall contain legible copies of text and non-text items, unless otherwise specified in the Application form.

(5) Applications must be received on or before the published Application deadline. Applications received after the published Application deadline shall be deemed late, and will not be considered by the Trust.

(6) All applications must be submitted on Application Form FCT-5 (eff. 2-8-10), incorporated herein by reference.

(7) The following exhibits shall be provided:

(a) Copy of each Local Comprehensive Plan objective and policy cited or relied upon in the Application.

(b) All proposed text and map amendments to the Local Comprehensive Plan cited or relied upon in the Application as pertaining to the Project Site.

(c) United States Geological Survey 7 1/2 minute quadrangle map with the boundary of the Project Site clearly delineated.

(d) County Tax Appraiser’s map clearly delineating the project site boundary, access points, names of the property owners, and parcel tax identification numbers, and ownership boundaries using an appropriate scale.

(e) Aerial photograph (1 inch = 2,000 feet or greater detail) with the Project Site boundary clearly delineated.

(f) Natural Communities map of an appropriate scale that depicts the Natural Communities on the Project Site, utilizing the Florida Natural Areas Inventory or other appropriate classification system, such as the Florida Land Use, Cover and Forms Classification System, and providing the approximate acreage of the various Natural Communities with the Project Site boundary clearly delineated.

(g) Physical improvements map of an appropriate scale that clearly delineates all existing physical improvements, alterations, or disturbances occurring on the Project Site, and including all cleared areas, buildings, roads, fences, docks, power lines, billboards, borrow pits, manmade lakes and excavations, and known easements and rights-of-ways, and the approximate acreage of the foregoing with the Project Site boundary clearly delineated.

(h) Future Land Use Map covering the Project Site and surrounding area that indicates future land use designations and which clearly delineates the Project Site boundaries.

(i) Resource conservation, open space, and outdoor recreation map that identifies the Project Site and surrounding lands in a three-mile radius that are used for natural resource conservation and outdoor recreation and including all parks, preserves, wildlife management areas, greenways, trails, linkages and designated outdoor recreation areas.

(j) Map depicting any applicable 100-year floodplain or coastal high-hazard area within the boundary of the Project Site clearly delineated.

(k) Conceptual site plan that clearly delineates the Project Site boundary and shows the approximate location of all proposed site improvements.

(l) One set of labeled photographs of the Project Site which depict all on-site features on the Project Site and including Natural Communities, waterbodies, shorelines, plants, Habitat, unique biological or geological features, and historical or archaeological features. Each photograph submitted shall include a legend that identifies the photograph location and key features that the photograph is intended to depict.

(m) If applicable, evidence of status as a Nonprofit Environmental Organization as defined in subsection 62-818.002(29), F.A.C.

(n) If the Applicant is a Nonprofit Environmental Organization which anticipates being designated as the management entity pursuant to subsection 62-818.003(11), F.A.C., evidence that the Nonprofit Environmental Organization has the financial resources, including documentation that they have commitments in an amount equal to ten percent of the project cost to be set aside as a management endowment fund, background qualifications and competence existing to manage the Project Site in perpetuity or in cooperation with a Local Government as outlined in subsection 62-818.003(11), F.A.C.

(o) If applicable, a signed statement from the owner(s) of each parcel indicating their willingness to consider an offer to purchase their parcel(s).

(p) If a Project Site is Pre-acquired:

1. The Applicant shall provide copies of a signed closing statement for each Pre-acquired parcel. If a closing statement is not available at the time of the application submittal then a copy of the contract for each of the Pre-acquired parcels shall be provided and a copy of the closing statements shall be provided within 14 days after the application deadline.

2. The Applicant shall provide a statement that neither condemnation nor the threat of condemnation was used in the purchase of the property.

(8) If applicable, provide an Acquisition Plan that lists the priority parcels and the general order of Acquisition.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.508, 380.510 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05, 2-19-07, 2-8-10, Formerly 9K-7.004, Amended 6-10-13.

Fla. Admin. Code R. 62-818.005 Communications to the Governing Board

After an Application has been submitted for funding under the conditions described herein, all communications to the Governing Board of the Trust regarding any Application under consideration shall be in writing and mailed or delivered to the Trust for distribution to all members of the Governing Board or be presented in writing or orally to the Governing Board at the ranking and selection meeting.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 380.508 FS. History–New 5-27-01, Repromulgated 5-20-02, Amended 2-7-05, 9K-7.005.

Fla. Admin. Code R. 62-818.006 Application Review

(1) Applications received by the Application deadline shall be reviewed and evaluated by Trust staff based on the materials submitted. Applicants will be notified of the timely receipt and status of their Application(s).

(2) No additional information shall be accepted after the Application deadline, unless specifically requested by the Trust staff for clarification of information provided in the Application received by the published Application deadline.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 380.508 FS. History–New 5-27-01, Amended 5-20-02, 2-8-10, Formerly 9K-7.006.

Fla. Admin. Code R. 62-818.007 Project Evaluation Criteria

The evaluation of Applications shall be based on the criteria set forth in this rule chapter and in Application Form FCT-5 (eff. 2-8-10), incorporated herein by reference. Trust staff will be responsible for evaluating Applications and recommending point scores to the Governing Board. Trust staff shall utilize the information contained in the Application (including exhibits) and all information obtained during its review of the Application for scoring recommendations to the Governing Board. Personnel from other state agencies, regional planning councils, water management districts, and other public and private groups may assist the Trust staff in project evaluation as requested by Trust staff on an application-by-application basis. Unless otherwise noted, an Application shall receive all the points assigned to a particular criterion if the criterion is met; no partial scores will be given for a criterion. If a criterion does not apply to the proposed Project Site, the Applicant should state “No” in the response to the criterion.

(1) Furtherance of specified general standards (points may be awarded based on the following criteria):

(a) Pre-acquired. The entire Project Site has been acquired by the Applicant through a voluntarily-negotiated transaction within 24 months prior to the Application deadline (10 points).

(b) The Project Site has not been the subject of a land use or zoning change that would allow an increase of either allowable density or intensity within the last three (3) years prior to the Application deadline (5 points).

(c) Phased Project. The Project Site is adjacent (or adjacent through public ownership) to a previous project that was acquired with Trust funding such that it constitutes a Phased Project (5 points).

(d) Providing a greater share of the Match. The Applicant is committed to:

1. Provide a Match between 40 percent to 49 percent of the Project Costs, or, for small Local Governments as defined in subparagraph 62-818.003(8)(c)1., F.A.C., and eligible non-profit applicants, a Match between 10 percent and 19 percent of the Project Costs (10 points), or

2. Provide a Match between 50 percent to 59 percent of the Project Costs, or, for small Local Governments as defined in subparagraph 62-818.003(8)(c)1., F.A.C., and eligible non-profit applicants a Match between 20 percent and 29 percent of the Project Costs (20 points), or

3. Provide a Match for 60 percent or more of the Project Costs, or, for small Local Governments as defined in subparagraph 62-818.003(8)(c)1., F.A.C., and eligible non-profit applicants, a Match for 30 percent or more of the Project Costs (25 points).

(e) The grant award amount requested is within the following thresholds.

(Points will be awarded on only one of the following criteria):

1. The Applicant is requesting a grant award amount that does not exceed $1,500,000.00 (8 points),

2. The Applicant is requesting a grant award amount that does not exceed $2,500,000.00 (4 points),

3. The Applicant is requesting a grant award amount that does not exceed $3,500,000.00 (2 points).

The Trust will not participate in Project Costs that exceed the grant award amount.

(f) No prior funding. This is the Applicant’s first Application to the Trust, or the Applicant has previously submitted an Application that was either not funded or was funded but not acquired. (In the case of a Partnership Application, if any of the partners have received funding and the Project Site was acquired, then no points will be awarded.) (5 points).

(g) Innovative Acquisition. The proposed project provides for alternatives to the Acquisition of fee interests in land through the acquisition of at least 25 percent of the acreage of the Project Site with a minimum of five acres through conservation easements (5 points).

(2) Furtherance of Outdoor Recreation, natural and cultural resources (points may be awarded based on the following criteria):

(a) Providing Outdoor Recreation or open space.

1. Provides functional land-based nature, walking, bike, equestrian or multi-use trails:

a. A nature, walking, bike, equestrian or multi-use trail is provided on the Project Site (2 points),

b. The trail is at least one-half mile in length (5 points),

c. Benches are provided along the trail (2 points),

d. A water fountain is provided at the trailhead or along the trail (1 point).

2. Provides Outdoor Recreation Facilities such as picnic pavilions, fishing piers, boat ramps, wildlife observation platforms, playgrounds, basketball courts, or volleyball courts; (Points will be awarded on only one of the following criteria):

a. Provides two different types of recreational facilities (7 points),

b. Provides three different types of recreational facilities (8 points), or

c. Provides four or more different types of recreational facilities (9 points),

3. Provides access facilities to an existing open water shoreline or beach, such as a fishing pier, boat ramp, canoe/kayak launching facility, observation platform, dock or dune walkover, and managed for recreational uses (10 points),

4. Furthers Outdoor Recreation, public water access or open space within an Urban Area (points may be awarded based on the following criteria):

a. Within an Urban Service Area (5 points),

b. Within an Urban Service Area and is also within one-half mile of a built-up commercial or industrial Urban Area (5 points),

(b) Connectivity. The Project Site provides for new or enhanced connections to neighborhoods, recreational opportunities or natural areas (points may be awarded based on the following criteria):

1. Will be connected to neighborhoods by an existing sidewalk(s) or a proposed sidewalk(s) that is within an existing right-of-way (5 points),

2. Provides Outdoor Recreation areas or open space adjacent to other publicly-owned upland areas,

a. Adjacent to existing publicly-owned infrastructure facility, such as a fire station, police station, museum, school or library (3 points),

b. Adjacent to existing publicly-owned conservation or recreation lands (5 points).

3. The Project Site is adjacent to publicly-owned lands, excluding road right-of-ways, that contain a Recreational Trail that connects to an existing local, regional or statewide land-based Recreational Trail System or lands that are located within the Preferred Routing corridor of the Florida National Scenic Trail (5 points),

4. The Project Site is adjacent to publicly-owned lands that expand a local, regional or statewide Ecological Corridors (5 points),

5. Enhances a State Designated Paddling Trail by providing facilities, including a paddling trail sign, canoe/kayak launch, and restrooms (5 points).

(c) Providing educational opportunities. The Project Site provides for environmental or historical educational opportunities (points may be awarded based on the following criteria):

1. Provides an interpretive kiosk that educates visitors about the natural environment or unique history of the area (5 points),

2. Provides at least six environmental or historical education classes or programs per year at the Project Site conducted by trained educators or resource professionals (3 points),

3. Includes a staffed Neighborhood Recreation Center, nature center or museum building that provides year-round educational classes or programming: (Points will be awarded on only one of the following criteria),

a. The construction of a new building of at least 1,000 square feet to house a staffed Neighborhood Recreation Center, nature center or museum building that provides year-round educational classes or programming (2 points).

b. The construction of a new building of at least 1,000 square feet designed and constructed to meet the U.S. Green Building Council’s (USGBCs) Leadership in Energy and Environmental Design (LEEDTM) Green Building Rating System for New Construction and Major Renovations Version 2.2, to house a staffed Neighborhood Recreation Center, nature center or museum building that provides year-round educational classes or programming (3 points).

c. The use of an existing building, that contains at least 1,000 square feet of enclosed area, for a staffed Neighborhood Recreation Center, nature center or museum building that provides year-round educational classes or programming ( 6 points).

d. The use of an existing building, that contains at least 1,000 square feet of enclosed area, for a staffed Neighborhood Recreation Center, nature center or museum building that provides year-round educational classes or programming and retrofitted to meet the U.S. Green Building Council’s (USGBCs) Leadership in Energy and Environmental Design (LEEDTM) Green Building Rating System for New Construction and Major Renovations Version 2.2 ( 7 points).

(d) Protecting natural and biological resources. The Project Site protects natural and biological resources (points may be awarded based on the following criteria):

1. Seventy percent of the Project Site contains predominantly Natural Communities that have not been impacted by human disturbance or alteration (5 points),

2. Contains a Locally Significant Natural Area as identified by the Florida Natural Areas Inventory (3 points),

3. Contains Habitat recognized as typically suitable for one or more Listed Animal Species (5 points),

4. Contains Habitat recognized as typically suitable for one or more Listed Animal Species and is located in a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife Conservation Commission. (Points will be awarded on only one of the following criteria),

a. The Project Site contains Habitat recognized as typically suitable for one or more Listed Animal Species and less than twenty-five percent of the Project Site is currently located in, or was located in at the time of acquisition, a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife Conservation Commission (2 points).

b. The Project Site contains Habitat recognized as typically suitable for one or more Listed Animal Species and twenty-five to forty-nine percent of the Project Site is currently located in, or was located in at the time of acquisition, a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife Conservation Commission (4 points).

c. The Project Site contains Habitat recognized as typically suitable for one or more Listed Animal Species and fifty percent or more of the Project Site is currently located in, or was located in at the time of acquisition, a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife Conservation Commission (7 points).

5. Contains land that will be managed in cooperation with Florida Division of Forestry’s Forest Stewardship Program (3 points).

6. Contains priority habitat as identified by the Florida Fish and Wildlife Conservation Commission (FWCC) and managed in cooperation with FWCC’s Landowner Assistance Program (5 points).

(e) Vegetative enhancement. The Project Site provides for new or enhanced landscaping or restoration (points may be awarded based on the following criteria):

1. Planting disturbed uplands with native vegetation (Points will be awarded on only one of the following criteria):

a. At least 1 acre of the disturbed upland area will be planted with native vegetation (2 points),

b. At least 5 acres of the disturbed upland area will be planted with native vegetation (5 points),

c. At least 10 acres of the disturbed upland area will be planted with native vegetation (7 points),

2. Planting disturbed shorelines with native vegetation (Points will be awarded on only one of the following criteria):

a. At least 150 linear feet of the disturbed shoreline will be planted with native vegetation (1 point ),

b. At least 300 linear feet of the disturbed shoreline will be planted with native vegetation (2 points),

c. At least 600 linear feet of the disturbed shoreline will be planted with native vegetation (4 points),

(f) Water quality. The Project Site provides for the protection or enhancement of water quality (points may be awarded based on the following criteria):

1. The project will improve the quality of surface waters or address current flooding problems occurring on, adjacent or in close proximity to the Project Site in a park like or natural setting (3 points),

2. The Project Site is adjacent to and will protect Outstanding Florida Waters as designated by the Department (5 points),

3. The Project Site will protect Class I Waters as identified by the Department of Environmental Protection (3 points).

(g) Historical resources. The Project Site protects or enhances historic resources (points may be awarded based on the following criteria):

1. Contains a site listed in the Florida Master Site File with the Division of Historical Resources (2 points),

2. Contains a resource that is listed on the Florida Master Site File and has been evaluated by the Division of Historical Resources as meeting the criteria for listing in the National Register of Historic Places (5 points),

3. Contains a resource that is listed on the National Register of Historic Places by the National Park Service (7 points).

(3) Furtherance of Community Planning (points may be awarded based on the following criteria):

(a) Local Comprehensive Plan. Acquisition of the Project Site will assist the Local Government in furthering the Local Comprehensive Plan directives. When used in this part, the term “furthered” means that proposed project(s) will assist the Local Government in realizing the objectives or policies of the Local Comprehensive Plan. For each criterion that is furthered by an objective or policy of the Local Comprehensive Plan, the objective or policy number is to be cited in the response to the criterion and a copy of the objective or policy, and any associated exhibits or documents, shall be included as an exhibit as provided in this rule chapter. If the Project Site is located entirely in one jurisdiction, the Local Comprehensive Plan of the jurisdiction shall be evaluated for scoring purposes. If the Project Site is located in two or more jurisdictions, the Local Comprehensive Plan of either jurisdiction shall be compared for compatibility and evaluated for scoring purposes and if either jurisdiction’s Local Comprehensive Plan is furthered then points shall be awarded. Points may be awarded based on the following criteria:

1. Provides acreage or outdoor recreational facilities necessary to maintain or improve adopted levels of service standards for recreation or open space (5 points).

2. Ensures acquisition of natural areas or open space through public acquisition (5 points).

3. Provides new or enhanced public access to existing water bodies or saltwater beaches (5 points).

4. Provides for new or enhanced Greenways, Ecological Corridors or Recreational Trail Systems, including but not limited to the Florida National Scenic Trail system (5 points).

5. Ensures the preservation of Natural Communities or Listed Animal Species Habitat (5 points).

6. Provides for restoration or enhancement of degraded natural areas, such as restoration of Natural Communities, restoration of natural hydrology, or removal of non-native vegetation (5 points).

7. Ensures the protection or enhancement of surface water quality (5 points).

8. Ensures the preservation of historical, cultural or archaeological features on the Project Site (5 points).

9. Provides for the redevelopment of a locally designated urban infill, urban redevelopment or downtown revitalization area as defined in section 163.3164, F.S. (5 points).

(b) Hazard Mitigation. The proposed project furthers hazard mitigation:

1. All or a portion of the project site is located in a Coastal High Hazard Area or a 100-year flood plain (points will be awarded on only one of the following criteria):

a. Up to 25 percent of the Project Site is located in a 100-year flood plain or a Coastal High Hazard Area (2 points).

b. At least 25 percent but less than 50 percent of the Project Site is located in a 100-year flood plain or a Coastal High Hazard Area (3 points).

c. At least 50 percent but less than 75 percent of the Project Site is located in a 100-year flood plain or a Coastal High Hazard Area (4 points).

d. Over 75 percent of the Project Site is located in a 100-year flood plain or a Coastal High Hazard Area (5 points).

2. Provides recreational opportunities or open space areas within a state-designated brownfield area (5 points).

3. Military Base Buffering. The proposed Project Site buffers a Major Military Installation while providing land-use compatible recreational and open space opportunity to the public. (Points will be awarded on only one of the following criteria):

a. The Project Site is adjacent to a Major Military Installation (12 points).

b. The Project Site is located within one mile of a Major Military Installation (7 points).

c. The Project Site is located within two miles of a Major Military Installation (2 points).

To receive points for this criterion, the Applicant must provide a letter from the base commander that the proposed conceptual site plan is an acceptable land use to buffer the base.

(c) Priority investment areas and special state-designated areas. The Project Site is located in one or more of the following special designated areas and will provide new or enhanced Outdoor Recreation or open space:

1. Within an area designated as a “Front Porch Community” (10 points).

2. Within an area designated as an active “Florida Main Street Community” (5 points).

3. Within an area designated as a current or previously designated “Waterfront Florida Community” (5 points).

4. Within an area defined as a “Low-Income Community” under rule 9K-7.002, F.A.C. (10 points).

5. Within an area designated as a “Rural Area of Critical Economic Concern” (10 points).

6. Within the boundary of a locally designated Community Redevelopment Area as defined in section 163.340, F.S., and furthers the adopted redevelopment plan. (5 points).

7. Within a designated or previously designated “Area of Critical State Concern” under section 380.05, F.S. (5 points).

(4) The proposed project furthers and exemplifies “project excellence.” Up to 10 points, based on issues that support the goals of the Trust, but such issues are not adequately addressed by the evaluation criteria established in this rule such as whether the proposed project exhibits strong community-based support, possesses exemplary characteristics, exemplifies regional cooperation between local governments, assists an otherwise disadvantaged community, or voluntarily helps resolve land use conflicts.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 5-27-01, Amended 5-20-02, 2-7-05, 2-19-07, 2-8-10, Formerly 9K-7.007, Amended 6-10-13.

Fla. Admin. Code R. 62-818.008 Ranking and Selection of Applications

(1) Evaluation Report. After a period for review, not to exceed 120 calendar days from the Application deadline, the Trust staff shall prepare a written evaluation report, based on information provided in the Application, to the Governing Board. Staff shall also provide a copy of the evaluation report to the Applicant prior to the Governing Board meeting provided for in subsection 62-818.008(2), F.A.C.

(2) The Governing Board shall meet for the purpose of ranking and selecting Applications for funding at a publicly noticed meeting for this purpose.

(a) The Governing Board shall consider each Application and the scores assigned in the Trust staff evaluation report. The Board may modify staff recommended scores in order to settle unresolved issues arising from written objections from Applicant(s) to scores received in the evaluation report. Applicant objections to staff recommended scores must be submitted in writing to the Trust staff no later than five full working days prior to the Board ranking and selection meeting, in order to be considered. Decisions to modify point totals shall be based on review of Applications by the Governing Board, and public presentations to the Governing Board by Trust staff, Applicants and other members of the general public.

(b) All proposed amendments to the Local Comprehensive Plan that are included with the Application will be considered in the staff evaluation. Proposed amendments cited in the Application must be adopted by the Local Government and be effective pursuant to section 163.3189(2), F.S., prior to the date of the Governing Board ranking and selection meeting in order for points to be awarded in the final score.

(c) After approval of the score of each Application, the Governing Board shall consider the scores, the requirements of this rule chapter, and rank the Applications in descending order, with the highest ranking Application being given highest funding priority.

(d) In the event of tied scores, the Trust shall rank the Applications by:

1. Scores received in the Community Planning Section set forth in subsection 62-818.007(3), F.A.C. The Trust shall consider the point totals in this evaluation category, and rank the tied Applications in descending order, with highest ranking score in this section being given highest funding priority. In the event of further tied scores, the Trust shall rank the Applications by the criteria specified by subparagraph 2. of this subsection.

2. Scores received in the Outdoor Recreation Section set forth in subsection 62-818.007(2), F.A.C. The Trust shall consider the point totals in this evaluation category, and rank the tied Applications in descending order, with highest ranking score in this section being given highest funding priority. In the event of further tied scores, the Trust shall rank the Applications by the criteria specified by subparagraph 3. of this subsection.

3. Scores received in the General Standards Section set forth in subsection 62-818.007(1), F.A.C. The Trust shall consider the point totals in this evaluation category, and rank the tied Applications in descending order, with highest ranking score in this section being given highest funding priority order. In the event of further tied scores, the Trust shall rank the Applications by the criteria specified by subparagraph 4., of this subsection.

4. The order in which Applications were received prior to the Application deadline.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-19-07, 2-8-10, Formerly 9K-7.008.

Fla. Admin. Code R. 62-818.009 Project Approval

(1) Following the ranking and selection of Applications described above but prior to approval, the Trust staff shall conduct site visits or other investigations. If such visits or investigations reveal undisclosed facts or erroneous evaluation conclusions, the Trust staff shall adjust the final score and ranking accordingly. The Trust shall impose conditions based on Applicant representations and findings from site visits and other investigations. Applicants will be advised of the conditions prior to Trust approval and completion of the Grant Agreement. Any conditions imposed on the Applicant must be met prior to receiving Project Plan approval. Further, the Trust shall have the right to alter the ranking of Applications based on the site visit or investigation findings.

(2) Following the ranking and selection meeting and the Trust staff’s site visits as set forth in subsection 62-818.009(1), F.A.C., the Trust shall publish a Final Notice of Project Approval and Funding in the Florida Administrative Register that shall list all Applications considered and the funding status of each.

(3) If for any reason funds awarded become available prior to the ranking and selection meeting for the next noticed Application cycle, those funds may be committed to the other ranked and approved project(s).

(4) The established time frame for funding approval shall be for a period not to exceed 12 months. Approval shall be evidenced by a fully executed Grant Agreement between the Trust and the Recipient. When the established time frame has expired and an approved project has not received Project Plan approval, the project shall be terminated and Trust funds committed to the project shall then be committed to other approved Applications. The Trust may extend the Grant Agreement beyond the established timeframe if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. All requests for extensions shall be made in writing to the Trust, prior to the expiration of the established timeframe, fully explaining the reason for the delay and why the extension is necessary.

(5) The time period of the Grant Agreement and extensions shall not exceed a total of 24 months; unless, however, the Trust extends an Award beyond 24 months when the Recipient demonstrates that significant progress is being made toward closing the project or that extenuating circumstances warrant an extension of time.

(6) The Trust may unilaterally terminate the Grant Agreement prior to the established time frame, if it is determined by the Trust that no significant progress is being made toward the Acquisition of the Project Site or other circumstances are present which would, in all likelihood, preclude or prevent the successful Acquisition of the Project Site within the established time frame.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-7-05, 4-6-11, Formerly 9K-7.009, Amended 6-10-13.

Fla. Admin. Code R. 62-818.010 Modification to Expand the Project Boundary

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-7-05, 2-19-07, Repealed 2-8-10.

Fla. Admin. Code R. 62-818.011 Preparation and Acceptance of the Management Plan

(1) Prior to release of Florida Forever Funds for a project, the Recipients shall submit a Management Plan for approval by the Trust. Phased Projects or additions to Trust funded projects shall be combined into existing Management Plans. The Management Plan shall explain how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of the Grant Agreement.

(2) The Trust shall approve the Management Plan upon confirmation that it is consistent with the purposes of the Application and the terms and conditions of the Grant Agreement.

(3) Any revision or modification to the approved Management Plan will require review and approval by the Trust. The Recipient shall provide a written request for any Management Plan change including all appropriate supporting materials.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-7-05, 2-19-07, 2-8-10, Formerly 9K-7.011, Amended 6-10-13.

Fla. Admin. Code R. 62-818.012 Title, Acquisition Procedures, Project Plans, Lease Agreements and Transfer of Title

This rule chapter and chapter 62-819, F.A.C., shall govern in all matters of title, acquisition procedures, Project Plans, lease agreements and transfer of title for lands acquired with Florida Forever funds received under the Florida Forever Program.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 380.508, 380.510 FS. History–New 6-25-01, Repromulgated 5-20-02, Formerly 9K-7.012.

Fla. Admin. Code R. 62-818.013 Annual Stewardship Report Requirement

(1) Each award to a Recipient shall include a condition that, after Acquisition of the Project Site, a stewardship report is required. The stewardship report is intended to verify that conditions imposed at the time the award was made are being followed and to monitor the stewardship and use of the property. The stewardship report shall be due each year.

(2) Once the project is fully developed as outlined in the approved Management Plan, the stewardship report for that projects may be submitted to the Trust on a five year review cycle:

(a) To initiate the five year review cycle of the stewardship report, the Recipient shall provide the following:

1. Written statement of completion certifying that the Project Site was developed in accordance with the approved Management Plan,

2. Updated Management Plan that includes an as-built master site plan drawing showing all facilities and structures; and,

3. Photographic record of all completed site improvements and restoration activities.

(b) Trust staff shall perform site visits to ensure that the Recipient has demonstrated that the terms of the Declaration of Restrictive Covenants and the approved Management Plan have been followed.

(c) Upon the Trust’s acceptance of the Recipient’s statement of completion, the updated Management Plan and photographic record and a satisfactory completion of the site visit, the Trust may, in its discretion, transfer the stewardship report to a five year review cycle. If, after transfer of the stewardship report to a five year review cycle, the Trust finds that the terms and conditions of the Declaration of Restrictive Covenants are not being followed, the annual stewardship report requirement shall be reimposed.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 6-25-01, Amended 5-20-02, 2-7-05, 2-19-07, 2-8-10, Formerly 9K-7.013.

Fla. Admin. Code R. 62-818.014 Modification to Expand the Project Boundary

Modification to expand the boundary of a Project Site selected for approval will be considered by the Trust on a case-by-case basis. Requests to modify the project boundary shall be submitted to the Trust within 12 months of the approval of the Grant Agreement. Requests for boundary amendments received after said deadline shall not be considered unless an exception is granted by the Trust based upon the demonstration of good cause. Good cause shall be based on whether the boundary modification is necessary to the successful development and management of the Project Site. The following procedures are established to guide the submission and review of boundary modification requests.

(1) A written request for boundary modification must be submitted and contain the items listed below. The request must be transmitted with an original signature cover letter on the Recipient’s letterhead, signed by the appropriate authorized representative named in the Grant Agreement, and include a statement binding the Recipient to fulfill the commitments made in the request for boundary modification.

(a) An explanation of how the proposed modification complies with the intent and purpose of the project as stated in the original Application;

(b) An explanation of why the requested boundary change was not contained in the original Application;

(c) An explanation of the effect on the overall project if the requested modification is not approved;

(d) A written statement signed by the Recipient detailing any and all changes to the original Application which result from the boundary modification being proposed; and,

(e) An amended acquisition plan.

(2) Following receipt of a request for boundary modification, Trust staff shall conduct a preliminary review to determine if the information provided includes the required items listed in this rule chapter. Trust staff shall notify the Recipient’s key contact of any additional information or clarification that is needed to complete the review.

(3) Trust staff shall prepare a recommendation for consideration and approval by the Trust following the same review procedures used to evaluate the original Application. The report will contain the following:

(a) Whether the proposed boundary modification is consistent with the purpose and intent of the original Application;

(b) Whether the proposed boundary modification would facilitate the Acquisition of the overall Project Site;

(c) Whether the proposed boundary modification would change the final project score if it had been part of the original Application and whether the revised score would result in any change in the funding status of the project;

(d) Whether the Trust has funds available to cover the additional Project Costs and that the increase in the Trust Award would not exceed the Award limit contained in this rule chapter.

(4) Trust staff may conduct a site visit to verify representations made in the boundary modification request before final approval of the boundary change.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 2-8-10, Formerly 9K-7.014, Amended 6-10-13.

Fla. Admin. Code R. 62-818.015 Consideration of Recipient’s Request for Linear Facilities

The Declaration of Restrictive Covenants for Trust Project Sites limits the use of the property to conservation, outdoor recreation, and other related activities. However, the Trust periodically receives requests for Management Plan modifications to allow linear facilities and related appurtenances on the Trust Project Site. When evaluating these requests, the following process must be followed.

(1) First, there has to be a determination:

(a) That there is no reasonable alternative to the proposed modification land use on the Trust Project Site; and,

(b) That the land use is designed to have a minimal impact to the site; and,

(c) A copy of an alternative analysis assessment of other off-site alternatives or options considered by the Recipient.

(2) If the Trust determines that no practical off-site alternatives exist, then the following information is required:

(a) A written statement that the Local Government has reviewed and approved the proposed use;

(b) A description and dimensions of the linear facility, and of the area that will be affected during construction;

(c) Information on the natural communities and cultural features found on, and immediately surrounding the site of the proposed facility;

(d) A statement explaining how the proposed facility will be compatible with planned recreational uses of the Trust Project Site, as committed to in the approved Management Plan;

(e) Discussion of the proposed mitigation for impacts to the Trust Project Site; and,

(f) A modified master site plan drawing identifying the locations of existing vegetation and all proposed structures, facilities and restoration areas that will be affected by the facility.

After receiving all of the above information, staff will evaluate and review the request for consistency according to the above listed requirements. If the proposal meets the above requirements and has minimum impact to the Project Site, staff may approve the request. If public objections are received, if it is a large project, or if the project could be viewed as controversial the proposal will be presented to the Trust Governing Board for consideration.

(3) If the request is approved, the Recipient must:

(a) Provide an appraisal of the land use area or other valuation method as approved by Trust staff;

(b) Provide a legal description from a licensed surveyor;

(c) Sign an amendment to the Declaration of Restrictive Covenants that provides for the changed use of the Project Site; and,

(d) Record the amended Declaration of Restrictive Covenants in the Public Records of the County where the property is located.

The Recipient will be required to pay for the land use area. The payment shall be allocated to the Recipient and the Trust based on the percentage of the original grant (i.e., 50% Recipient participation and 50% Trust participation).

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 2-8-10, Formerly 9K-7.015.

Fla. Admin. Code R. 62-818.016 Consideration of Recipient’s Request for Land Exchanges

The Declaration of Restrictive Covenants for Trust Project Sites limits the use of the property to conservation, outdoor recreation, and other related activities. However, Recipients occasionally receive requests from adjacent property owners for land exchanges to expand the adjacent development in return for other lands adjacent to the park.

When evaluating these requests, the following process must be followed.

(1) Only local governments may participate in land exchanges. The Local Government must send a request to the Trust for a proposed land exchange. The Trust will not accept proposals from any other party. To be considered by the Trust, the proposal must at a minimum meet the following tests:

(a) The proposed exchange parcel(s) must be contiguous to a Trust Project Site, which could include being connected through a land bridge, easement or blue way;

(b) The proposed exchange parcel(s) must be at least equal to or greater in terms of upland acreage;

(c) The proposed exchange parcel(s) must have at least the same real estate value (as determined through independent appraisal[s]) as the Trust parcel being given up (or monetary compensation of the difference). There will be no monetary compensation if the proposed parcel(s) to be exchanged have a value greater than the Trust parcel;

(d) The proposed exchange parcel(s) must have a significant and clear net environmental, conservation and/or recreational benefit to the Project Site as determined by Trust staff; and,

(e) The exchange cannot result in a lower score based on the Application criteria.

If it is determined that no discernable net environmental, conservation, and/or recreational benefit to the Project Site would be achieved through the land exchange, the request will be denied.

(2) If the above tests are met, the Trust staff will then request the below additional information to further evaluate the request.

(a) A written statement from the Recipient’s governing council that it has reviewed the proposal and that the governing body conceptually approves the proposed land exchange by an affirmative vote of at least three-fourths of its members or the local requirement, whichever is higher;

(b) A revised Management Plan with a revised master site plan;

(c) Information on the natural communities and cultural features found on the area to be exchanged;

(d) A survey and legal description of the parcel to be acquired and of the parcel to be provided by the Recipient/Trust (paid by the entity proposing the exchange and commissioned by the Recipient);

(e) A title policy of the parcel to be acquired;

(f) Separate appraisals for each parcel (to be paid by the entity proposing the exchange and commissioned by the Recipient). The appraisal shall be completed according to the Department standards, after consultation with Department appraisal staff. The parcel(s) to be provided by the Recipient/Trust shall be appraised as if it did not have any development restrictions on it;

(g) Phase I environmental site assessment of the parcel to be acquired (to be paid by the entity proposing the exchange and commissioned by the Recipient); and,

(h) Any other items requested by the Trust to properly evaluate the request.

After receiving all of the above information, Trust staff will evaluate and review the request for consistency according to the above listed requirements. If the exchange proposal meets the above requirements and has a net positive environmental, conservation and/or recreational benefit, Trust staff will put the request on the agenda of the next scheduled Trust Governing Board Meeting for consideration.

(3) If the exchange request is approved by the Governing Board, the Recipient must:

(a) Sign an amendment to the Declaration of Restrictive Covenants that provides for the changed use of the Project Site;

(b) Record the amended Declaration of Restrictive Covenants (and any other necessary local Government document[s]) in the Public Records of the County where the original Declaration was recorded; and,

(c) The entity receiving the exchange must provide monetary compensation to the Trust if the value of the land provided by the Recipient/Trust is greater than the land received by the Recipient/Trust in the exchange. Such funds will be distributed between the Trust and the Recipient in accordance with the percentages in the original grant award.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.510 FS. History–New 2-8-10, Formerly 9K-7.016, Amended 6-10-13.

Chapter 62-819 FLORIDA FOREVER PROGRAM, LAND ACQUISITION PROCEDURES

Fla. Admin. Code R. 62-819.001 Purpose

This rule chapter sets forth the procedures that must be followed for land acquisitions using Florida Forever funds awarded by Florida Communities Trust.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Formerly 9K-8.001

Fla. Admin. Code R. 62-819.002 Definitions

The definitions set forth in Rule 62-818.002, F.A.C., shall apply as used in this rule chapter and are incorporated herein by reference. Additionally, the following definitions shall apply as used in this rule chapter:

(1) “Agent” means an authorized representative assisting the Applicant, Recipient, or Trust to negotiate and acquire real property, such as attorneys, real estate brokers, and cooperating governmental agencies. As required under Chapter 475, F.S., when real estate services are performed for compensation or other valuable consideration in connection with any acquisition, sale, lease, or exchange under this chapter, the Agent shall have a current, valid and active Florida real estate license.

(2) “Appraisal Services” has the same meaning as provided in Rule 18-1.002, F.A.C.

(3) “Appraisal Report” means the written analyses, opinions, and conclusions issued by an Approved Appraiser in connection with the Acquisition of any interest in real property under this rule chapter or Chapter 62-818, F.A.C.

(4) “Approved Appraisal” has the same meaning as provided in Rule 18-1.002, F.A.C.

(5) “Approved Appraiser” means an Appraiser who has the necessary background, qualifications and experience to appraise the interest in real estate being acquired under this chapter and whose name is on the current list of approved appraisers on file with the Division of State Lands, Department of Environmental Protection.

(6) “Approved Survey” means a Certified Survey that has been reviewed and approved by the Trust.

(7) “Certified Survey” means a survey, as further defined in Rule 62-819.006, F.A.C., that is certified, signed and sealed by a registered land surveyor authorized to practice surveying in the State pursuant to Chapter 472, F.S.

(8) “Confidential” refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07, F.S.

(9) “Hazardous Materials Contamination” means radon, PCBs, oil or other petroleum based products, chemicals, any noxious, hazardous, offensive, explosive or toxic substances or waste, or any hazardous materials or toxic substances as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq. (CERCLA), the Hazardous Materials Transportation Act, 49 U.S.C. §1801 et seq. (HMTA), the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §5101 et seq. (RCRA), and the regulations adopted pursuant thereto.

(10) “Market Value” has the same meaning as provided in Rule 18-1.002, F.A.C.

(11) “Minimum Technical Standards” means the Minimum Technical Standards for Surveyors as set forth by the Florida Board of Professional Surveyors and Mappers pursuant to Chapter 472, F.S., and Chapter 61G17-6, F.A.C.

(12) “Option Agreement” or “Option Contract” means a proposed written agreement between the Recipient and the Trust to purchase all or a portion of the property lying within the Project Site, subject to the approval of the Recipient’s governing body and the Trust after appropriate notice and hearing (as may be required).

(13) “Owner(s)” or “Seller(s)” means the fee simple title owner(s) of the Project Site.

(14) “Purchase Agreement” means the various types of written contracts to purchase real property, including purchase agreements, Option Agreements, exchange agreements and other forms of such agreements, that become binding on all parties to the contract at the time the Purchase Agreement is duly executed.

(15) “Safe Upland Line” means a line at or above the mean or ordinary high water line used to calculate the acreage of a parcel of land.

(16) “Title Insurance Commitment” means a written agreement issued by a Florida licensed title insurer agreeing to issue to the Recipient, the Trust, or the Board of Trustees, individually or as co-insureds, upon the recording of the deed, an owner’s policy of title insurance in the amount of the Project Site’s purchase price insuring marketability of title to the Project Site, subject only to liens, encumbrances, exceptions or qualifications that are acceptable to the Trust and the Recipient, and those which will be discharged by the Owner(s) at closing.

(17) “Uniform Standards of Professional Appraisal Practice” (“USPAP”) has the same meaning as provided in Rule 18-1.002, F.A.C.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Amended 5-20-02, 2-19-07, Formerly 9K-8.002, Amended 6-9-13.

Fla. Admin. Code R. 62-819.003 General Information

(1) This rule chapter shall govern the activities for Acquisition of real property using proceeds from the Florida Forever Trust Fund, when title to such real property vests in the Recipient or the Board of Trustees.

(2) The disbursement of Florida Forever Funds from the Trust shall be subject to the following conditions: The administration and use of any funds received by the Trust from the Florida Forever Trust Fund shall be subject to such terms and conditions imposed thereon by the agency of the state responsible for the revenue bonds, the proceeds of which are deposited in the Florida Forever Trust Fund, including restrictions imposed to ensure that the interest on any such revenue bonds issued by the state as tax-exempt revenue bonds will not be included in the gross income of the holders of such bonds for federal income tax purposes.

(3) The Recipient shall designate an employee or officer who shall serve as the key contact for the exchange of information regarding the Acquisition activities and who shall be responsible for ensuring compliance with the provisions of all applicable statutes, the Grant Contract, rules of the Trust and any local land acquisition ordinances that may apply.

(4) Funds awarded through any program of the Trust that derive from the Florida Forever Trust Fund may only be used to pay the eligible Project Costs associated with Voluntarily Negotiated Transactions.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Amended 5-20-02, Formerly 9K-8.003.

Fla. Admin. Code R. 62-819.004 Election by Recipient of Titleholder and Negotiating Entity; Rules Governing Acquisitions; Title

(1) Section 259.105(3)(c), F.S., allocate proceeds deposited into the Florida Forever Trust Fund to the Department to provide land Acquisition grants through the Florida Communities Trust pursuant to Chapter 380, Part III, F.S. Title to real property purchased with these funds may be vested in the Recipient or the Board of Trustees.

(2) At the time the Recipient executes the Grant Contract, the Recipient shall elect one of the following options; either:

(a) Title to the Project Site will vest in the Recipient, or

(b) Title to the Project Site will vest permanently in the Board of Trustees.

(3) If the Recipient elects to hold title, then the following applies:

(a) The election is subject to approval by the Trust, such approval indicated when the Grant Contract governing the grant funds is executed between the Recipient and the Trust;

(b) The Trust shall not withhold approval of the Recipient’s election to take title unless the Trust specifically finds on the record of a public meeting that the Recipient is not capable of holding title or has failed to provide the Trust with reasonable and adequate assurances that the public interests will be protected;

(c) The Acquisition of a Project Site shall take place under one of the following procedures:

1. For a Project Site that consists of ten or fewer ownerships to be jointly acquired with the Trust, the Recipient may request that the Trust or the Recipient act as the party responsible for the Acquisition activities.

2. For a Project Site that consists of eleven or more ownerships to be jointly acquired with the Trust, the Recipient shall be required to act as the party responsible for the Acquisition activities.

3. If the Trust determines that the Recipient does not have the necessary expertise or qualifications to be able to timely negotiate the acquisition of the project site, the Trust shall act as the party responsible for the Acquisition activities.

(d) When the Recipient is the party responsible for Acquisition activities, the Recipient will follow the Acquisition procedures outlined in this rule chapter. If the Recipient contracts with an Agent to act on the Recipient’s behalf in pursuing the Acquisition in accordance with this rule chapter, the Agent’s fee may be recognized as an eligible Project Cost only if the Acquisition closes.

(4) If a Pre-acquired or Reimbursement Acquisition, title vests in the Recipient and Recipient will provide notification that Recipient’s acquisition procedures were followed. If Recipient has no such procedures, the Recipient may follow the Acquisition procedures outlined in this rule chapter.

(5) If the Recipient elects that title vest in the Board of Trustees, the following applies:

(a) The election must be approved by the Trust and the Board of Trustees; and,

(b) The Acquisition activities and negotiations shall be conducted by the Trust following the requirements of Section 253.025, F.S., and Chapter 18-1, F.A.C., the applicable statutes and rules for all Acquisitions of the Board of Trustees.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Amended 5-20-02, 2-8-05, 2-19-07, Formerly 9K-8.004.

Fla. Admin. Code R. 62-819.005 Title Report and Evidence of Marketable Title

(1) To obtain Appraisals, the party responsible for Acquisition activities may obtain a title report or title commitment which shall include a legal description of the Project Site to be acquired that is sufficient to inform the Trust, the Recipient and the Appraisers of the status of ownership, encumbrances, exceptions, reservations, and previous ownership history.

(2) Evidence of Owner(s)’ marketable title shall be provided to the Recipient(s) and the Trust prior to the conveyance of title. The Trust shall further be provided a Title Insurance Commitment in accordance with the Purchase Agreement. The Title Insurance Commitment shall be followed after conveyance by an owner’s marketable title insurance policy (ALTA Form B) in favor of the Recipient or the Board of Trustees in accordance with the Recipient’s election under Rule 62-819.004, F.A.C. The Trust may be listed as a co-insured on the Title Insurance Commitment and title insurance policy. The Trust and Recipient may mutually agree to waive the requirement of evidence of marketable title for Acquisition of property assessed by the county property appraiser at $10,000.00 or less. Such waiver shall be based on such review of the title records as is reasonable under the circumstances that shows no apparent impediment to marketability or to management of the Project Site by the Recipient.

(3) The standard for examination of condition of title shall be The Uniform Title Standards of the Real Property, Probate & Trust Law Section of The Florida Bar, 1981 edition together with all updates.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Amended 2-9-10, Formerly 9K-8.005.

Fla. Admin. Code R. 62-819.006 Certified Survey

(1) At least 30 days prior to closing, a Certified Survey must be submitted to the Trust for final approval to rectify acreage and title issues against the title commitment, the negotiated Purchase Agreement and the Appraisal(s) used to determine the maximum amount.

(2) In cases where a Certified Survey cannot be practically completed or where the cost of the Certified Survey would be prohibited relative to the expected value of the real property, the requirement for such Certified Survey may, in whole or in part, be waived by the Recipient and the Trust. Such a waiver shall be requested by the Recipient at the time of Project Plan approval.

(3) The Certified Survey shall be prepared according to the Minimum Technical Standards for Land Surveying and such additional requirements as may be determined by the Trust and the Recipient to be necessary to meet the intent of the statute and this rule chapter. The Certified Survey shall accurately portray to the greatest extent practicable the condition of the real property as it currently exists. The survey must have been certified within 90 days of the closing on the property unless this requirement is waived by the title insurer for the purpose of deleting the standard survey exception from the owner’s title insurance policy.

(4) If a Project Site includes associated water bodies, a Safe Upland Line, as opposed to a surveyed mean or ordinary high water line, shall be an acceptable line for determining the acreage upon which the purchase price of the site to be acquired is based.

(5) The Certified Survey shall be approved by the Trust as being in compliance with the requirements of this rule chapter.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Formerly 9K-8.006, Amended 6-9-13.

Fla. Admin. Code R. 62-819.007 Appraisal Procedures

Appraisal services shall be obtained through the Department in accordance with the procedures and requirements provided in Chapter 18-1, F.A.C., except as follows:

(1) The party responsible for Acquisition activities shall contract with the Approved Appraiser(s) according to contract requirements of the Recipient or the Trust, whichever is responsible for Acquisition activities.

(2) The party responsible for Acquisition activities shall obtain at least one Appraisal for each ownership in a Project Site estimated to be valued less than $1,000,000.00. For each ownership in a Project Site estimated to be valued at or greater than $1,000,000.00, the party responsible for Acquisition activities shall obtain at least two Appraisals.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Amended 5-20-02, 2-8-05, 2-19-07, 2-9-10, Formerly 9K-8.007, Amended 6-9-13.

Fla. Admin. Code R. 62-819.008 Confidentiality of Appraisals, Other Reports Relating to Value, Offers and Counteroffers

(1) The Trust, the Recipient, and the Recipient’s Agent(s) shall maintain confidentiality of all Appraisals, and any other reports relating to value, offers and counter-offers. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), F.S., until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by the Trust, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), F.S.

(2) If a Purchase Agreement is not submitted to the Trust for approval, the exemption from Section 119.07(1), F.S., will expire 30 days after the termination of negotiations. The date of termination of negotiations may be based on a written statement from a party to the negotiations that good faith efforts at negotiating a Purchase Agreement have failed and that the party desires to cease negotiations. Reinitiation of negotiations shall require approval of the Trust.

(3) The Trust and the Recipient, and the Recipient’s Agent(s) if any, shall execute an agreement to maintain confidentiality of all Appraisals, reports relating to value, written offers and written counteroffers until such time as the information is no longer exempt from Section 119.07(1), F.S. This agreement of confidentiality shall expressly name the individuals to whom the information may be disclosed during the period that the information is exempt from the requirements of Section 119.07(1), F.S. The exemptions from Section 119.07(1), F.S., that are provided in this paragraph are subject to the Open Government Sunset Review Act in accordance with Section 119.15, F.S.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Formerly 9K-8.008.

Fla. Admin. Code R. 62-819.009 Negotiation of Offers and Counteroffers

(1) It shall be the goal of the Trust and the Recipient that the Acquisition of the real property be negotiated at the best price and terms that can be negotiated in the interest of the project’s public purpose. The objective of all purchase negotiations shall be to obtain, at the lowest possible price, the appropriate interest in real property free of encumbrances, conditions, restrictions and reservations that would impede the purposes or management of the Project Site. In the course of negotiations the party responsible for negotiations may discuss the advantages of a Donation and bargain sale. If the real property to be acquired is not already surveyed and the acreage of the site is not known, the Owner(s) shall be advised of the benefits of obtaining a Safe Upland Line survey, as opposed to a mean high water or ordinary high water survey, for calculating the acreage of the site. In making an offer, the party responsible for negotiations shall consider the benefit to the Owner(s) of a single cash payment in relation to the maximum offer allowed by law.

(2) All offers and counteroffers shall be in writing.

(3) The Trust desires that the party responsible for negotiations negotiate the purchase price at or below the maximum amount.

(4) The party responsible for negotiations may negotiate and enter into a Purchase Agreement prior to or after the receipt and approval of Appraisals. However, such negotiations and agreements are subject to the conditions established in this rule chapter. The party responsible for conducting negotiations shall maintain appropriate records regarding any and all contact(s) the party had with the Owner(s).

(5) When the party responsible for negotiations initiates Acquisition negotiations prior to the receipt of the required number of Appraisal reports reviewed and approved in accordance with this rule chapter, that party assumes all risk and responsibility that may arise out of a negotiated purchase price that exceeds the maximum amount or other review standards set forth in this rule chapter.

(6) Initial contact with the Owner(s) by the party responsible for negotiations may be established prior to negotiations. When initiated, such contact should be limited to the following:

(a) To inform the Owner(s) about the Trust’s land Acquisition program.

(b) To explain in general terms the possible tax advantages of land Donations and bargain sales.

(c) To request permission from the Owner(s) in order to have his property appraised and surveyed.

(d) To discuss the timing of possible future Acquisitions, and the competition for funds under the various Trust Acquisition programs.

(e) To discuss the matter of representation of the Owner(s) by an Agent in any future negotiations, and the necessary confirmation by the Owner(s) of the Agent’s status.

(f) To request available title data.

(g) To advise of disclosure requirements.

(h) To request available property survey data.

(i) To discuss other information pertinent to the Acquisition process in general.

(7) Upon the initiation of negotiations, the Owner(s) shall be notified in writing that the terms of the final Purchase Agreement are subject to affirmative action by the Recipient and the Trust, if title is to be conveyed to the Recipient, and also the Board of Trustees, if title is to be conveyed to the Board of Trustees.

(8) Recipient shall maintain complete and accurate records of every such offer and counteroffer.

(9) When the Owner(s) is represented by an Agent, negotiations may not be initiated or continued with the Agent until a written statement signed by the Owner(s) verifying the Agent’s legal or fiduciary relationship with the Owner(s) has been received by the party responsible for negotiations and a copy has been provided to the Trust.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Formerly 9K-8.009, Amended 6-9-13.

Fla. Admin. Code R. 62-819.010 Purchase Agreements

(1) The form of the final negotiated purchase shall be a written Purchase Agreement that is signed by the Owner(s), the Recipient and the Trust.

(2) The Trust or Recipient may prepare and use any form of Purchase Agreement approved by the Trust as meeting the intent of all applicable laws and this rule chapter.

(3) The Trust shall develop a model standard Purchase Agreement that may be used by the party conducting the negotiations.

(4) The party responsible for negotiations shall obtain all disclosures of beneficial interest required in Section 286.23, F.S., before entering into a Purchase Agreement.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Formerly 9K-8.010.

Fla. Admin. Code R. 62-819.011 Preparation and Acceptance of Project Plans

(1) Prior to release of Florida Forever Funds for a project, the Recipient shall submit a Project Plan for approval by the Trust. The Project Plan shall include the following:

(a) A Purchase Agreement as defined in this rule chapter for Acquisition of the Project Site, executed by the Owner(s) and the Recipient, that is based on an Appraisal(s) prepared consistent with the requirements of this rule chapter.

(b) A letter from the Trust indicating approval of the Management Plan prepared in accordance with Chapter 62-818, F.A.C.

(c) A statement of the total Project Cost as defined in Chapter 62-818, F.A.C.

(d) A statement of the amount of the Award being requested.

(e) Supporting documentation that the conditions imposed as part of the Grant Contract have been satisfied.

(f) A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body.

(g) Additional documentation as may be requested by the Trust as Reasonable Assurance that the Recipient will be able to fulfill its obligations under the Grant Contract, the Declaration of Restrictive Covenants, and Chapter 62-818, F.A.C.

(2) The Trust shall review Project Plans for completeness of all items required under this rule chapter, Chapter 62-818, F.A.C., and the Grant Contract.

(3) The Trust shall approve the Project Plan based upon the Recipient’s compliance with this rule chapter, Chapter 62-818, F.A.C., and the Grant Contract. The Trust shall reject any Project Plan if any portion is insufficient to carry out the purpose of the project or is inconsistent with statutory or administrative requirements.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.507(11), 380.508, 380.510 FS. History–New 5-27-01, Amended 5-20-02, 12-9-03, 2-8-05, Formerly 9K-8.011.

Fla. Admin. Code R. 62-819.012 Examination for Hazardous Materials Contamination

(1) All sites acquired with funds from the Florida Forever Trust Fund shall be examined for hazardous materials contamination within 90 days before closing.

(2) The examination for hazardous materials contamination shall be performed by an individual who is experienced in performing such an environmental site assessment and shall be documented in writing to the Trust and the Recipient.

(3) The examination for hazardous materials contamination shall be performed to the standard of practice of the American Society of Testing Materials (ASTM). For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice E 1527. If the findings and conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants onsite.

(4) Prior to closing the Recipient shall examine the written assessment and advise the Trust in writing of its understanding that by accepting title, it may be assuming liability for future adverse action or cleanup associated with the lands covered by the assessment.

(5) In the event an adverse environmental assessment is reported on a site after approval of the Project Plan for the site, the Trust shall assess the risk to the State. Because the Board of Trustees will have an executory interest in the Project Site, the Trust shall have the right to refuse to deliver funds for closing if the Trust determines the hazardous materials contamination presents a liability to the State that outweighs the benefits to be derived from the Acquisition of the Project Site. If it is determined by the Trust that a delay in, or termination of the Acquisition is necessary, the Trust shall immediately notify the Recipient. The party responsible for negotiations shall immediately notify all other parties to the Purchase Agreement of the action taken and the basis for the action.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Amended 2-8-05, Formerly 9K-8.012, Amended 6-9-13.

Fla. Admin. Code R. 62-819.013 Trust Governing Board Action

The Trust shall approve the terms under which the interest in land is acquired. Such approval shall be evidenced by the Trust execution of the Purchase Agreement.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Amended 12-9-03, Formerly 9K-8.013.

Fla. Admin. Code R. 62-819.014 Closing

(1) Prior to closing the Trust shall prepare a grant reconciliation statement which shall evidence expenditures for all eligible Project Costs for the portion of the Project Site to be closed. The reconciliation statement shall be based on the prepared Buyer and Seller closing statements, the prepaid Project Costs of the Recipient and the Trust evidenced by paid receipts, any reimbursements to the Seller or others to be made after closing, the Award amount and any revisions to the Award. The reconciliation statement shall evidence the amount of funds needed from the Trust and Recipient in order that the closing may occur.

(2) The Trust shall have the authority to modify the Purchase Agreement previously approved by the Trust to extend the time for option exercise, closing date, submittal deadlines or any other time limit relating to such agreement. The Trust shall also have the authority to execute or modify all documents necessary for the implementation of Trust action, such as the Purchase Agreement, letter of notification of exercise of option, leases, easements, legal descriptions, deeds, assignments, and other miscellaneous agreements and affidavits, provided the modification does not change the substance nor the scope of Trust approval, and provided the document executed or modified was either approved by the Trust or contemplated by Trust approval. Any changes in the purchase price to be paid to the Seller(s) not contemplated by the terms of the Purchase Agreement must be approved by the Trust. An extension or modification may only be made under the terms of the Purchase Agreement, or with the Seller’s agreement.

(3) The party responsible for negotiations shall be the party responsible for proper completion of the closing, and proper recording of all legal documents.

History

• Rulemaking Authority 380.507(11) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 5-27-01, Amended 2-8-05, Formerly 9K-8.014.

Chapter 62-820 STAN MAYFIELD WORKING WATERFRONTS PROGRAM, GRANT APPLICATION PROCEDURES

Fla. Admin. Code R. 62-820.001 Purpose

This rule chapter sets forth the procedures that must be followed for grant applications for Florida Forever Funds awarded by Florida Communities Trust. The purpose of the program is to provide grants for the acquisition of interests in land for the restoration and preservation of Working Waterfronts pursuant to Section 380.5105, F.S.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-9.001

Fla. Admin. Code R. 62-820.002 Definitions

(1) “Acquisition” means the act of obtaining real property or interests and rights therein through a voluntarily-negotiated transaction and through appropriate legal means in furtherance of The Florida Forever Act and this rule chapter.

(2) “Applicant” means an eligible Local Government or Nonprofit Working Waterfronts Organization or a partnership between a Local Government and Nonprofit Working Waterfronts Organization, which submits an Application for Florida Forever funds through the Trust. An Applicant that has been approved for funding by the Trust and has executed a Grant Contract with the Trust shall also be referred to as a Recipient.

(3) “Application” means a formal request by an Applicant on an approved form for Florida Forever Funds from the Trust, and consisting of a project proposal together with required documentation submitted pursuant to this rule chapter.

(4) “Award” means a grant from the Trust pursuant to the procedures developed in this rule chapter.

(5) “Business Summary” means information that describes an organization's status and future goals. It generally projects the vision and future opportunities for the organization and outlines the operations, expected needs, finances and organizational strategies that will enable the organization to achieve its goals. The information required for a Business Summary is specified in Form SMWW-2 (eff. 5-16-10).

(6) “Board of Trustees” means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.

(7) “Declaration of Restrictive Covenants” means a recordable document that states all conditions to be placed on the Project Site upon its conveyance to the Recipient using Trust Funds. This document contains the obligations, rights and responsibilities of each party, the actions that are prohibited on the property, and enforcement provisions.

(8) “Department” means the Florida Department of Environmental Protection.

(9) “Donation” means a voluntary transfer of cash or title to real property without consideration; the conveyance of land by the owner at a purchase price below its market value can be considered a donation of a portion of the purchase price only when the owner expresses the intent, in advance of purchase and sale negotiations, to make a bargain sale, with no conditions placed on the bargain sale or donation.

(10) “Florida Forever Funds” means proceeds from the Florida Forever Trust Fund created by Section 259.1051, F.S., and distributed to the Department of Environmental Protection pursuant to Sections 259.105(3)(j) and 380.5105, F.S., for the purpose of providing Acquisition Awards through the Florida Communities Trust Florida Forever Stan Mayfield Working Waterfronts Program.

(11) “Grant Contract” means a written contract between the Trust and the Recipient setting forth the requirements and responsibilities for Acquisition and management of the Project Site.

(12) “Governing Board” means the six-member governing body of the Trust as described in Sections 380.504 and 380.505, F.S.; the powers of the Trust are vested in its Governing Board members, pursuant to Section 380.505, F.S.

(13) “Local Government” means a county or a municipality within the State of Florida.

(14) “Management Plan” means a plan prepared by the Recipient under this rule chapter and approved by the Trust regarding the long-term care and management of the Project Site.

(15) “Match” means cash, eligible Project Costs, or the value of real property, pledged by a party(ies).

(16) “Nonprofit Working Waterfront Organization” means a private Nonprofit Working Waterfront Organization, existing under the provisions of Section 501(c) of the United States Internal Revenue Code that can demonstrate that the support of Working Waterfronts as defined in Sections 380.503(18)(a) and (b), F.S., are among its principal purposes and goals.

(17) “Project Costs” means the total of all eligible costs associated with the Acquisition of the Project Site in accordance with this rule chapter and Chapter 62-820, F.A.C., and may include the cost of the following items: purchase price for Acquisition of all or a portion of the Project Site; certified survey containing an adequate legal description of the Project Site; any assessment or examination essential and necessary to determine Project Site boundary; appraisal report(s) and appraisal review of the Project Site; title report and title insurance premium; and environmental site assessment(s) performed pursuant to Rule 9K-10.010, F.A.C.

(18) “Project Site” means the specific area(s), defined by a boundary map or legal description and Certified Survey, where Florida Forever Funds are proposed in an Application to be used for all or a portion of the Acquisition. The Project Site may include up to three (3) ownerships. The Project Site may include non-contiguous parcels, so long as the non-contiguous areas are part of a unified scheme of development and management within the same Working Waterfronts and within 300 feet of each other.

(19) “Reasonable Assurance” means the Applicant’s ability to demonstrate to the Trust that there is a substantial likelihood that the project will be successfully implemented and managed in accordance with the Application and the Grant Contract, and may include the Trust’s review of: the Applicant’s current and prospective financial condition; the Applicant’s history in acquiring, developing and managing similar projects; the Applicant’s financial commitment to the subject project as evidenced by the amount and type of any Match in the form of monies, real estate; and the Applicant’s partners, directors, officers, managers, project administrators, controlling shareholders (if applicable), and appointed or elected officials.

(20) “Recipient” means an Applicant that has been approved for funding by the Trust and who has executed a Grant Contract with the Trust for an Award.

(21) “Seafood House” means a facility that manufactures, processes, packs, holds or prepares seafood for wholesale, whose primary source of income is derived from these activities, that is licensed by the Department of Agriculture and Consumer Services as a Food Establishment pursuant to Section 500.03, F.S., or a Shellfish Processor licensed pursuant to Section 597.020, F.S. A Seafood House may have retail or food serving facilities in conjunction with its other business operations.

(22) “Small Local Government” means county governments with populations of 75,000 or fewer and municipal governments with populations of 10,000 or fewer.

(23) “Trust” means the Florida Communities Trust, a nonregulatory agency and instrumentality, which is a public body corporate and politic, created within the Department of Environmental Protection pursuant to Chapter 380, Part III, F.S.

(24) “Voluntarily-Negotiated Transaction” means an arm’s length market value transaction between a willing seller and a willing buyer. The use of condemnation or the threat of condemnation is not considered a Voluntarily-Negotiated Transaction.

(25) “Working Waterfronts Business” means any enterprise directly or indirectly concerned with the commercial harvest of wild or aquacultured marine organisms, whose primary source of income is derived from these activities. “Working Waterfronts Business” includes without limitation: Licensed commercial fishermen or aquaculturists; persons providing direct services to commercial fishermen or aquaculturists, as long as provision of these direct services requires the use of Working Waterfronts real estate; and, municipal and private piers and wharves operated primarily to provide waterfront access to commercial fishermen or aquaculturists.

(26) “Working Waterfronts Covenants” means a legal document entered into by the seller and Recipient, and recorded in the public records of the county or counties in which the project is located that conveys a perpetual less than fee interest, in the property to the Recipient. This document contains the obligations, rights and responsibilities of each party, the actions that are prohibited on the property, and enforcement provisions.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended 5-16-10, Formerly 9K-9.002.

Fla. Admin. Code R. 62-820.003 General Requirements and Eligibility Standards

The following constitutes the general procedures for the Stan Mayfield Working Waterfronts Florida Forever grant program of the Florida Communities Trust.

(1) Application Form. Stan Mayfield Working Waterfronts Grant Application Form SMWW-2 (eff. 5-16-10), is prescribed for use with these rules and is incorporated by reference. Applications for funding must be submitted on Application Form SMWW-2. Applicants may only submit one Application Form per Project Site. A copy, or instructions for receiving the Application Form in an electronic format, may be obtained by writing to the, Florida Communities Trust, 3900 Commonwealth Boulevard, MS #115, Tallahassee, FL 32399-3000, or by calling (850)245-2669.

(2) Notice of Application Period. The Trust shall announce the amount of Florida Forever funds available for Awards and applicable deadlines in the Notice of Application Period published in the Florida Administrative Register.

(3) Eligible Applicants are Local Governments of the State of Florida, Nonprofit Working Waterfronts Organizations or a partnership between a Local Government and a Nonprofit Working Waterfronts Organization.

(4) Nonprofit Working Waterfronts Organizations. In all acquisitions by a Nonprofit Working Waterfronts Organization, a guaranty or pledge by a Local Government, the Water Management District in which the project is located, or a managing agency of the Board of Trustees to act as a backup manager to assume responsibility for management of the Project Site in the event the Nonprofit Working Waterfronts Organization is unable to continue to manage the Project Site shall be obtained.

In addition, when acquiring a “less than fee interest” in the Project Site, the Nonprofit Working Waterfronts Organization must provide assurance that they have the capacity to monitor and enforce the easement conditions. Such assurance shall be in the form of an endowment equal to five percent of the appraised value of the less than fee interest.

Or, if the Nonprofit Working Waterfronts Organization is acquiring a fee-simple interest in the Project Site, the Nonprofit Working Waterfronts Organization must provide assurance that they have the capacity to manage the Project Site. Such assurance shall be in the form of an endowment equal to five percent of the appraised value of the fee interest and a capital fund equal to five percent of the appraised value of the fee interest.

(5) Working Waterfronts Activities. Business activities performed on a project site acquired under this program must derive their primary source of income from services supporting the commercial harvesting of wild or aquacultured marine organisms. Nothing in this rule shall be construed to relieve the Applicant from obtaining proper authorization from the Board of Trustees of Internal Improvement Trust Fund for any structures located on sovereign lands constructed with funds provided by the Florida Communities Trust.

(6) Limitation of Awards. The total amount of any Award or combination of Awards applied for by any Applicant(s) under any Application(s) for any project(s) shall not exceed five million dollars ($5,000,000.00) during any one cycle or the amount appropriated by the Legislature if the appropriated amount is less than five million dollars ($5,000,000.00).

(7) Eligible Sources of Match. The Applicant’s eligible sources of Match may include, but are not limited to, the following sources: Local Government or other government revenue; existing cash from Nonprofit Working Waterfronts Organization or Donations as defined in this rule.

(8) Site Acquisition. The Trust shall be responsible for the Acquisition activities.

(9) Site Management. Each Applicant is required to provide a Management Plan as outlined in this rule chapter. To ensure that future management funds will be available for the management of the site in perpetuity, the Applicant shall be required to provide the Trust with Reasonable Assurance that they have the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner that is consistent with the approved management plan.

(10) Submerged Lands Use Authorization:

(a) Applicant: Each Applicant must provide documentation by the Application deadline that any Applicant owned facility or structure located over state sovereignty submerged lands is properly authorized and that any applicable fees and wetslip certification forms are current. The documentation must be in the form of a letter from the issuing agency stating that all Applicant owned facilities or structures located over state sovereignty submerged lands are in compliance with Chapters 253, 258, 373, Part IV, 403 and 597, F.S., and the submerged land lease and applicable fees and wetslip certification forms are current or that the facilities or structures are not located on state sovereignty submerged land. Reasonable notice must be given to the issuing agency to secure this documentation. This documentation must be submitted by the Application deadline, otherwise the project will not be considered by the Trust.

(b) Project Site: Each Applicant must provide a letter from the issuing agency that verifies any facilities or structures located on the Project Site that are over state sovereignty submerged lands are properly authorized and that any applicable fees and wetslip certification forms are current or a statement from the issuing agency that the facilities or structures are not located on state sovereignty submerged land. The documentation must be in the form of a letter from the issuing agency stating the current land owner is in compliance with Chapters 253, 258, 373, Part IV, 403 and 597, F.S., and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities or structures are not located on state sovereignty submerged land. Reasonable notice must be given to the issuing agency to secure this documentation. This documentation must be submitted to the Trust no later than 48 hours before the FCT Governing Board meeting, otherwise the project will not be considered by the Trust.

(11) Zoning Compliance. Each Applicant must submit a letter from the local planning department that verifies the proposed uses on the Project Site are consistent with the future land use designation and local zoning regulations.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended 5-16-10, Formerly 9K-9.003.

Fla. Admin. Code R. 62-820.004 Submission of Application and Application Materials

(1) Applications must be submitted by mail or delivery to the Florida Communities Trust, 3900 Commonwealth Boulevard, MS #115, Tallahassee, FL 32399-3000. To be timely submitted, Applications must be received on or before the published Application deadline.

(2) Deadlines for submitting Applications shall be announced in the Florida Administrative Register.

(3) Applications must be transmitted with an original signature cover letter on Applicant’s letterhead, signed by the appropriate representative, official or administrator, binding the Applicant to fulfill the commitments made in the Application, and identifying the employee of the Local Government or Nonprofit Working Waterfronts Organization who will act as the key contact between the Trust and the Applicant.

(4) Applicants must submit four (4) complete sets of Application materials. One set shall contain original text and non-text items. The remaining three sets shall contain legible copies of text and non-text items, unless otherwise specified in the Application form.

(5) Applications must be received on or before the published Application deadline. Applications received after the published Application deadline shall be deemed late, and will not be considered by the Trust.

(6) All applications must be submitted on Application Form SMWW-2.

(7) A Business Summary that provides information on the applicable criteria outlined in the Business Summary section of Form SMWW-2 must be provided by the Applicant. Applications submitted without the required Business Summary will not be considered by the Trust for recommendation to the Board of Trustees. Applications containing a Business Summary that is deemed insufficient by the Trust will not be considered by the Board of Trustees. The Business Summary and other relevant information shall be the basis for the Management Plan that will guide the management and operation of funded projects.

(8) The following exhibits shall be provided:

(a) United States Geological Survey 7 1/2 minute quadrangle map with the boundary of the Project Site clearly delineated.

(b) County Tax Appraiser’s map clearly delineating the project site boundary, names of the property owners, and parcel tax identification numbers, and ownership boundaries using an appropriate scale.

(c) Aerial photograph (1 inch = 2,000 feet or greater detail) with the Project Site boundary clearly delineated.

(d) Physical improvements map of an appropriate scale that clearly delineates all existing physical improvements, alterations, or disturbances occurring on the Project Site, and including, but not limited to, all cleared areas, buildings, roads, fences, docks, power lines, billboards, boat ramps, parking areas and known easements and rights-of-ways, and the approximate acreage of the foregoing.

(e) Conceptual site plan that clearly delineates the project site boundary and shows the approximate location of all existing and proposed site improvements.

(f) One set of labeled photographs of the Project Site which depict all onsite features on the Project Site and including, waterbodies, shorelines, historical features and existing improvements. Each photograph submitted shall include a legend that identifies the photograph location and key features that the photograph is intended to depict.

(g) If applicable, evidence of status as a Nonprofit Working Waterfronts Organization as defined in subsection 62-820.002(16), F.A.C.

(h) A signed statement from the owner(s) of each parcel indicating their willingness to consider an offer to purchase or to donate their parcel(s).

(i) The Applicant must provide a letter from the issuing agency that verifies any facilities or structures owned by the Applicant that are located over state sovereignty submerged lands are in compliance with Chapters 253, 258, 373, Part IV, 403 and 597, F.S., and the submerged land lease and applicable fees and wetslip certification forms are current or that the structures are not located on state sovereignty submerged land. This letter must accompany the Application.

(j) The Applicant must provide a letter from the issuing agency that verifies any facilities or structures located on the Project Site that are over state sovereignty submerged lands are in compliance with Chapters 253, 258, 373, Part IV, 403 and 597, F.S., and the submerged land lease and applicable fees and wetslip certification forms are current or that the structures are not located on state sovereignty submerged land. This letter can be submitted no later than 48 hours before the FCT Governing Board meeting.

(k) A letter from the local planning department that verifies the proposed uses of the Project Site are in compliance with the future land use designation and local zoning regulations.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended 5-16-10, Formerly 9K-9.004.

Fla. Admin. Code R. 62-820.005 Application Review

(1) Applications received by the Application deadline shall be reviewed and evaluated by Trust staff based on the materials submitted. Eligible Applicants will be notified of the receipt and status of their Application(s) via standard mail. Ineligible Applicants shall be notified via certified mail.

(2) No additional information shall be accepted after the Application deadline, unless specifically requested by the Trust staff for clarification of information provided in the Application received by the published Application deadline. Any clarification information requested must be received by the Trust no later than 21 days prior to the Governing Board meeting or the information will not be considered by the Trust. At a publicly noticed meeting, the Governing Board will finalize the ranking report which will be presented to the Board of Trustees.

(3) A project shall be eligible for scoring only if its purpose is to restore or preserve Working Waterfronts as defined in Section 380.503(18), F.S.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-9.005.

Fla. Admin. Code R. 62-820.006 Project Evaluation Criteria

The evaluation of Applications shall be based on the criteria set forth in this rule chapter and the information in Application Form SMWW-2. Trust staff shall utilize the information contained in the Application (including exhibits) and all information obtained during its review of the Application, including information obtained during site visits, in drafting an evaluation report and developing a ranking report to present to the Governing Board. At a publicly noticed meeting, the Governing Board will evaluate the reports and approve the recommended ranking report that will be presented to the Board of Trustees.

The Business Summary shall be evaluated for sufficiency based on information provided in Application Form SMWW-2. Staff from the issuing agency, and other state agencies as deemed necessary by the Trust, shall review each Business Summary and provide comments to the Trust. Trust staff shall prepare a recommended Business Summary sufficiency determination that takes into consideration comments received from the Department of Agriculture and Consumer Services and other agencies for consideration by the Governing Board. Applications containing a Business Summary deemed insufficient by the Trust will not be considered by the Board of Trustees.

An Application shall receive all the points assigned to a particular criterion if the criterion is met; no partial scores will be given for a criterion. If a criterion does not apply to the proposed Project Site, the Applicant should state “No” in the response to the criterion.

Points shall be awarded when the following criteria are met:

(1) Location:

(a) The Project Site is located within the boundary of a locally designated Community Redevelopment Area as defined in Section 163.340, F.S. and furthers the adopted community redevelopment plan (10 points);

(b) The Project Site is adjacent to or within 2,000 feet of and tidally connected to state-owned submerged lands designated as an aquatic preserve identified in Section 258.39, F.S. National Marine Sanctuary or National Estuarine Research Reserve (10 points);

(c) The Project Site is located within a municipality with a population less than 30,000 or in an unincorporated area of the county with a population in the unincorporated area that is less than 40,000 (10 points);

(d) The Project Site is within an area designated as “Waterfronts Florida Partnership Community” (9 points);

(e) The Project Site provides services and is located within 15 miles of a state designated aquaculture “High Density Lease Area” (5 points); and,

(f) The Project Site is within an area designated as a “Rural Area of Critical Economic Concern” or “Area of Critical State Concern” (points only given on one category) (4 points).

(2) Economic Consideration:

(a) The proposed project provides an economic benefit to the community (10 points);

(b) The Project Site is located in a municipality or in the unincorporated county with a growth rate that exceeds the average growth rate for the state, as shown by population increase since the last census (10 points); and,

(c) The Project Site has sustained hurricane damage in the past 5 years such that operating capacity was reduced or normal operations were interrupted for a period of not less than two weeks (5 points).

(d) The grant award amount requested is within the following thresholds (Points will be awarded on only one of the following criteria):

1. The Applicant is requesting a grant award amount that does not exceed $1,500,000.00 (8 points),

2. The Applicant is requesting a grant award amount that does not exceed $2,500,000.00 (4 points),

3. The Applicant is requesting a grant award amount that does not exceed $3,500,000.00 (2 points).

FCT will not participate in project costs that exceed the grant award amount.

(3) Site Suitability/Readiness:

(a) The Project Site will provide a docking facility for commercial fishing vessels (Points will be awarded on only one of the following criteria):

1. The Project Site contains an existing docking facility that can be presently utilized for commercial saltwater fisheries or aquaculture operations (17 points),

2. The Project Site contains an existing docking facility that requires major restoration to be utilized for commercial saltwater fisheries or aquaculture operations and the applicant has committed to rebuild the docking facility (12 points),

3. The Applicant has committed to construct a new docking facility on the Project Site for commercial fishing vessels or aquaculture operations (6 points).

(b) The Project Site will provide a Seafood House or other building to be used for Working Waterfront Business (Points will be awarded on only one of the following criteria):

1. The Project Site contains an existing Seafood House or other building that can be presently utilized for Working Waterfront Business (10 points),

2. The Project Site contains an existing Seafood House or other building that requires major restoration and the applicant has committed to rebuild the building to be utilized as a Working Waterfront Business (8 points),

3. The Applicant has committed to construct a new Seafood House or other buildings of at least 1,000 square feet on the Project Site to be used for Working Waterfronts Business (4 points).

(c) The Project Site will provide a structure for launching commercial fishing vessels, including but not limited to a boat ramp, boat lift or boat rail system (Points will only be awarded on one of the following criteria):

1. The Project Site contains an existing structure for launching commercial fishing vessels, including but not limited to a boat ramp, boat lift or boat rail system, which can be presently utilized without major restoration (6 points).

2. The Project Site contains an existing structure for launching commercial fishing vessels, including but not limited to a boat ramp, boat lift or boat rail system, that requires major restoration and the Applicant has committed to rebuild the existing boat launch (4 points).

3. The Applicant has committed to construct a new boat launching facility on the Project Site that will be used for commercial fishing vessels (2 points).

(d) The Project Site contains an open area of at least 1/4 acre to be used for the storage of traps, nets, and other gear needed for commercial fishing or aquaculture operations (4 points).

(e) The proposed project will be acquired using a less-than-fee Working Waterfront Covenant for all of the land to be acquired (5 points).

(4) Financial Contribution. Providing a share of the eligible Match. The Applicant is committed to:

(a) Provide a Match between 25 percent to 34 percent of the Project Costs, or, for Small Local Governments as defined in subsection 62-820.002(22), F.A.C., and Nonprofit Working Waterfronts Organizations, a Match between 10 percent and 19 percent of the Project Costs (5 points), or

(b) Provide a Match of 35 percent or more of the Project Costs, or, for Small Local Governments as defined in subsection 62-820.002(22), F.A.C., and Nonprofit Working Waterfronts Organizations, a Match of 20 percent or more of the Project Costs (10 points).

(5) Community Planning:

(a) The project is located in a Future Land Use category, zoning district, or overlay district that has been identified for the protection and preservation of Working Waterfronts (7 points);

(b) The project furthers local government comprehensive plan objectives and policies directives that ensure the protection and preservation of Working Waterfronts for use by commercial fisherman, aquaculturists, or business entities that support these industries (7 points);

(6) Public Education:

(a) The Projects Site provides permanent structured displays of artifacts and other items open to the public that provide information about the economic, cultural or historic heritage of Florida’s traditional Working Waterfronts (4 points);

(b) Project Site contains a structure(s) that is listed on the National Register of Historic Places administered by the National Park Service (3 points);

(c) The Project Site will contain interpretive kiosk(s) or signs(s) that educate the public about the economic, cultural, or historic heritage of Florida’s traditional Working Waterfronts (2 points).

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended 5-16-10, Formerly 9K-9.006.

Fla. Admin. Code R. 62-820.007 Ranking and Selection of Applications

(1) Prior to preparing the ranking report of projects, Trust staff shall conduct site visits as needed to verify the conditions represented by the Applicants in the SMWW-2.

(2) Ranking report and evaluation reports. After a period for review, Trust staff shall prepare a preliminary ranking report and written evaluation reports listing the criteria for which points were received by each Applicant, based on information provided in the Applications and the site visits. The preliminary ranking report and evaluation reports for each Applicant shall be provided to the Governing Board.

(3) The Governing Board shall meet for the purpose of approving the recommended scoring report of all Applications at a publicly noticed meeting. Staff shall also provide a copy of the preliminary scoring report and evaluation report to each Applicant prior to the Governing Board meeting.

(a) The Governing Board shall consider each Application and the scores assigned in the Trust staff evaluation report. The Board may modify staff recommended scores in order to settle unresolved issues arising from written objections from Applicant(s) to scores received in the evaluation report. Applicant objections to staff recommended scores must be submitted in writing to the Trust staff at least 48 hours prior to the Board ranking meeting in order to be considered. Decisions to modify point totals shall be based on review of Applications by the Governing Board, and public presentations to the Governing Board by Trust staff, Applicants and other members of the general public.

(b) All proposed amendments to the Local Comprehensive Plan that are included with the Application will be considered in the staff evaluation. Proposed amendments cited in the Application must be adopted by the Local Government and approved by the Department of Economic Opportunity, or other designated State of Florida agency, prior to the date of the Governing Board ranking meeting in order for points to be awarded in the final score.

(c) Any Application that does not contain a Business Summary or an Application that contains an insufficient Business Summary will not be considered by the Trust for recommendation to the Board of Trustees.

(d) Any Applicant that does not provide documentation from the issuing agency by the application deadline that all facilities or structures owned by the Applicant are fully compliant with Chapters 253, 258, 373, Part IV, 403 and 597, F.S., and the state sovereignty submerged leases and applicable fees or wetslip certification forms are current, or that the structures are not located on state sovereignty submerged land, will not be considered by the Trust for recommendation to the Board of Trustees.

(e) Any Applicant that does not provide documentation from the issuing agency within 48 hours of the FCT Governing Board meeting that any facilities or structures located on the Project Site are fully compliant with Chapters 253, 258, 373, Part IV, 403 and 597, F.S., and the state sovereignty submerged leases and applicable fees or wetslip certification forms are current, or that the structures are not located on state sovereignty submerged land, will not be considered by the Trust for recommendation to the Board of Trustees.

(4) The Governing Board shall develop and approve a list of all Projects in rank order for consideration by the Board of Trustees. In the event of tied scores, the Governing Board shall rank the Applications in the order in which Applications were received prior to the Application Deadline. Each Applicant shall be provided with the recommended ranking list prior to the Board of Trustees’ meeting.

(5) The recommended ranking list shall be considered by the Board of Trustees, at a noticed meeting, for their approval in accordance with Section 380.5105(4), F.S.

(6) Following the approval by the Board of Trustees of projects to be funded, the Trust shall enter into a Grant Contract that contains the conditions of the Grant. Such conditions shall be based on Applicant representations, findings from site visits and other investigations. Applicants will be advised of the conditions prior to completion of the Grant Contract.

(7) If for any reason funds awarded to an approved project become available prior to the next Application cycle, those funds may be committed to other project(s) based upon available funds and the final ranking of projects as designated by the Board of Trustees.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Amended 5-16-10, Formerly 9K-9.007.

Fla. Admin. Code R. 62-820.008 Grant Contracts

(1) The established time frame for funding approval shall be for a period not to exceed 12 months. Approval shall be evidenced by a fully executed Grant Contract between the Trust and the Recipient. When the established time frame has expired, the project shall be terminated and funds committed to the project shall then be committed to other approved Applications. The Trust shall extend the Grant Contract beyond the established time frame if significant progress is being made toward the acquisition of the project site or if extenuating circumstances beyond the control of the Applicant warrant an extension of time.

(2) The time period of the Grant Contract and extensions shall not exceed a total of 24 months; unless, however, the Trust extends an Award beyond 24 months when significant progress is being made toward closing the project or if extenuating circumstances warrant an extension of time.

(3) The Recipient must request an extension in writing that includes an explanation of the goals currently accomplished to complete the project and the timeframe needed to complete outstanding goals. The Recipient may also include an explanation of circumstances beyond their control that have negatively impacted the completion of the project site.

(4) The Trust may unilaterally terminate the Grant Contract prior to the established time frame, if it is determined by the Trust that no significant progress is being made toward the Acquisition of the Project Site or other circumstances are present which would, in all likelihood, preclude or prevent the successful Acquisition of the Project Site within the established time frame.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-9.008.

Fla. Admin. Code R. 62-820.009 Modification of Project Boundaries

Modification to the boundary of a Project Site selected for approval will be considered by the Trust on a case-by-case basis. Requests to modify the project boundary shall be submitted to the Trust within 12 months of the approval of the Grant Contract. Requests for boundary amendments received after said deadline shall not be considered unless an exception is granted by the Trust based upon the demonstration of good cause. Good cause shall be based on whether the boundary modification is necessary to the successful development and management of the Project Site. The following procedures are established to guide the submission and review of boundary modification requests.

(1) A written request for boundary modification must be submitted and contain the items listed below. The request must be transmitted with an original signature cover letter on the Recipient’s letterhead, signed by the appropriate authorized representative named in the Grant Contract, and include a statement binding the Recipient to fulfill the commitments made in the request for boundary modification.

(a) An explanation of how the proposed modification complies with the intent and purpose of the project as stated in the original Application;

(b) An explanation of why the requested boundary change was not contained in the original Application;

(c) An explanation of the effect on the overall project if the requested modification is not approved.

(2) Following receipt of a request for boundary modification, Trust staff shall conduct a preliminary review to determine if the information provided includes the required items listed in this rule chapter. Trust staff shall notify the Recipient’s key contact of any additional information or clarification that is needed to complete the review.

(3) In considering on whether to approve the boundary modification, Trust staff shall give consideration to the following:

(a) Whether the proposed boundary modification is consistent with the purpose and intent of the original Application; and,

(b) Whether the proposed boundary modification would facilitate the Acquisition of the overall Project Site.

(4) Trust staff may conduct a site visit to verify representations made in the boundary modification request before making a final determination whether the boundary change is appropriate.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-9.009.

Fla. Admin. Code R. 62-820.010 Preparation and Acceptance of the Management Plan

(1) Prior to release of Florida Forever Funds for a project, the Recipients shall submit a Management Plan for approval by the Trust. The Management Plan shall explain how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of the Grant Contract.

(2) The Trust shall approve the Management Plan upon confirmation that it is consistent with the purposes of the Application and the terms and conditions of the Grant Contract.

(3) Any revision or modification to the approved Management Plan will require review and approval by the Trust. The Recipient shall provide a written request for any Management Plan change including all appropriate supporting materials.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-9.010.

Fla. Admin. Code R. 62-820.011 Title, Acquisition Procedures, Lease Agreements and Transfer of Title

This rule chapter and Chapter 62-821, F.A.C., shall govern in all matters of title, acquisition procedures, lease agreements and transfer of title for lands acquired pursuant to this rule chapter.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-9.011.

Fla. Admin. Code R. 62-820.012 Annual Stewardship Report Requirement

Pursuant to Section 380.5105(5), F.S., each award to a Recipient shall include a condition that, after Acquisition of the Project Site, a stewardship report is required. The stewardship report is intended to verify that conditions imposed at the time the award was made are being followed and to monitor the stewardship and use of the property. The stewardship report shall be due each year.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-9.012.

Chapter 62-821 STAN MAYFIELD WORKING WATERFRONTS PROGRAM, LAND ACQUISITION PROCEDURES

Fla. Admin. Code R. 62-821.001 Purpose

This rule chapter sets forth the procedures that must be followed for land acquisitions for the Stan Mayfield Working Waterfronts Program using Florida Forever funds awarded by Florida Communities Trust.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.001.

Fla. Admin. Code R. 62-821.002 Definitions

The definitions set forth in Rule 62-820.002, F.A.C., shall apply as used in this rule chapter and are incorporated herein by reference. Additionally, the following definitions shall apply as used in this rule chapter:

(1) “Appraisal Services” has the same meaning as provided in Rule 18-1.002, F.A.C.

(2) “Appraisal Report” means the written analyses, opinions, and conclusions issued by an Approved Appraiser in connection with the Acquisition of any interest in real property under this rule chapter or Chapter 62-820, F.A.C.

(3) “Approved Appraisal” has the same meaning as provided in Rule 18-1.002, F.A.C.

(4) “Approved Appraiser” means an Appraiser who has the necessary background, qualifications and experience to appraise the interest in real estate being acquired under this chapter and whose name is on the current list of approved appraisers on file with the Division of State Lands, Department of Environmental Protection.

(5) “Approved Survey” means a Certified Survey that has been reviewed and approved by the Trust.

(6) “Certified Survey” means a survey that is certified, signed and sealed by a registered land surveyor authorized to practice surveying in the State pursuant to Chapter 472, F.S.

(7) “Confidential” refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07, F.S.

(8) “Hazardous Materials Contamination” means radon, PCBs, oil or other petroleum based products, chemicals, any noxious, hazardous, offensive, explosive or toxic substances or waste, or any hazardous materials or toxic substances as such terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq. (CERCLA), the Hazardous Materials Transportation Act, 49 U.S.C. §5102 et seq. (HMTA), the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §6903 et seq. (RCRA), and the regulations adopted pursuant thereto.

(9) “Market Value” has the same meaning as provided in Rule 18-1.002, F.A.C.

(10) “Minimum Technical Standards” means the Minimum Technical Standards for Surveyors as set forth by the Florida Board of Professional Surveyors and Mappers pursuant to Chapter 472, F.S.

(11) “Option Agreement” or “Option Contract” means a proposed written agreement between the Recipient and the Trust to purchase all or a portion of the property lying within the Project Site, subject to the approval of the Recipient’s governing body and the Trust after appropriate notice and hearing (as may be required).

(12) “Owner(s)” or “Seller(s)” means the fee simple title owner(s) of the Project Site.

(13) “Purchase Agreement” means the various types of written contracts to purchase real property, including purchase agreements, Option Agreements, exchange agreements and other forms of such agreements, that become binding on all parties to the contract at the time the Purchase Agreement is duly executed.

(14) “Title Insurance Commitment” means a written agreement issued by a Florida licensed title insurer agreeing to issue to the Recipient, the Trust, or the Board of Trustees, individually or as co-insureds, upon the recording of the deed, an owner’s policy of title insurance in the amount of the Project Site’s purchase price insuring marketability of title to the Project Site, subject only to liens, encumbrances, exceptions or qualifications that are acceptable to the Trust and the Recipient, and those which will be discharged by the Owner(s) at closing.

(15) “Uniform Standards of Professional Appraisal Practice” has the same meaning as provided in Rule 18-1.002, F.A.C.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.002, Amended 6-9-13.

Fla. Admin. Code R. 62-821.003 General Information

(1) This rule chapter shall govern the activities for Acquisition of real property for the Stan Mayfield Working Waterfronts program using proceeds from the Florida Forever Trust Fund, when title to such real property vests in the Recipient.

(2) The disbursement of Florida Forever Funds from the Trust shall be subject to the following conditions: The administration and use of any funds received by the Trust from the Florida Forever Trust Fund shall be subject to such terms and conditions imposed thereon by the agency of the state responsible for the revenue bonds, the proceeds of which are deposited in the Florida Forever Trust Fund, including restrictions imposed to ensure that the interest on any such revenue bonds issued by the state as tax-exempt revenue bonds will not be included in the gross income of the holders of such bonds for federal income tax purposes.

(3) The Recipient shall designate an employee or officer who shall serve as the key contact for the exchange of information regarding the Acquisition activities and who shall be responsible for ensuring compliance with the provisions of all applicable statutes, the Grant Contract, rules of the Trust and any local land acquisition ordinances that may apply.

(4) Funds awarded through any program of the Trust that derive from the Florida Forever Trust Fund may only be used to pay the eligible Project Costs associated with Voluntarily Negotiated Transactions.

(5) The Project Site will be a Joint Acquisition and all acquisition activities will be completed by the Trust.

(6) Prior to release of Florida Forever Funds for a project, the Recipient shall submit a signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body.

(7) If requested by the Trust, the Recipient shall provide additional documentation to provide Reasonable Assurance that the Recipient will be able to fulfill its obligations under the Grant Contract, the Declaration of Restrictive Covenants, and Chapter 62-820, F.A.C.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.003.

Fla. Admin. Code R. 62-821.004 Appraisal Procedures

Appraisal services shall be obtained through the Department in accordance with the procedures and requirements provided in Chapter 18-1, F.A.C.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.004, Amended 6-9-13.

Fla. Admin. Code R. 62-821.005 Confidentiality of Appraisals, Other Reports Relating to Value, Offers and Counteroffers

(1) The Trust and the Recipient shall maintain confidentiality of all Appraisals, and any other reports relating to value, offers and counter-offers. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), F.S., until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by the Trust, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), F.S.

(2) If a Purchase Agreement is not submitted to the Trust for approval, the exemption from Section 119.07(1), F.S., will expire 30 days after the termination of negotiations. The date of termination of negotiations may be based on a written statement from a party to the negotiations that good faith efforts at negotiating a Purchase Agreement have failed and that the party desires to cease negotiations. Reinitiation of negotiations shall require approval of the Trust.

(3) The Trust and the Recipient shall execute an agreement to maintain confidentiality of all Appraisals, reports relating to value, written offers and written counteroffers until such time as the information is no longer exempt from Section 119.07(1), F.S. This agreement of confidentiality shall expressly name the individuals to whom the information may be disclosed during the period that the information is exempt from the requirements of Section 119.07(1), F.S. The exemptions from Section 119.07(1), F.S., that are provided in this paragraph are subject to the Open Government Sunset Review Act in accordance with Section 119.15, F.S.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.005.

Fla. Admin. Code R. 62-821.006 Negotiation of Offers and Counteroffers

(1) It shall be the goal of the Trust and the Recipient that the Acquisition of the real property be negotiated at the best price and terms that can be negotiated in the interest of the project’s public purpose, with preference given to a purchase price at or below the maximum amount. The objective of all purchase negotiations shall be to obtain, at the lowest possible price, the appropriate interest in real property free of encumbrances, conditions, restrictions and reservations that would impede the purposes or management of the Project Site. In the course of negotiations the Trust may discuss the advantages of a Donation and bargain sale. If the real property to be acquired is not already surveyed and the acreage of the site is not known, the Owner shall be advised of the benefits of obtaining a safe upland line survey, as opposed to a mean high water or ordinary high water survey, for calculating the acreage of the site.

(2) All offers and counteroffers shall be in writing.

(3) The Trust may negotiate and enter into a Purchase Agreement prior to or after the receipt and approval of Appraisals. However, such negotiations and agreements are subject to the conditions established in this rule chapter. The Trust shall maintain appropriate records regarding any and all contact(s) with the Owner.

(4) Initial contact with the Owner may be established prior to negotiations. When initiated, such contact should be limited to the following:

(a) To inform the Owner about the Stan Mayfield Working Waterfronts land Acquisition program;

(b) To explain in general terms the possible tax advantages of land Donations and bargain sales;

(c) To request permission from the Owner in order to have his property appraised and surveyed;

(d) To discuss the timing of the Acquisition, and the competition for funds under the Stan Mayfield Working Waterfronts program;

(e) To discuss the matter of representation of the Owner by an Agent in any future negotiations, and the necessary confirmation by the Owner of the Agent’s status;

(f) To request available title data;

(g) To advise of disclosure requirements;

(h) To request available property survey data; and,

(i) To discuss other information pertinent to the Acquisition process in general.

(5) Upon the initiation of negotiations, the Owner shall be notified in writing that the terms of the final Purchase Agreement are subject to affirmative action by the Recipient and the Trust.

(6) The Trust shall maintain complete and accurate records of every such offer and counteroffer.

(7) When the Owner is represented by an Agent, negotiations may not be initiated or continued with the Agent until a written statement signed by the Owner verifying the Agent’s legal or fiduciary relationship with the Owner has been received by the party responsible for negotiations and a copy has been provided to the Trust.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.006, Amended 6-9-13.

Fla. Admin. Code R. 62-821.007 Purchase Agreements

(1) The form of the final negotiated purchase shall be a written Purchase Agreement that is signed by the Owner(s), the Recipient and the Trust.

(2) The Trust will prepare and use any form of Purchase Agreement as meeting the intent of all applicable laws and this rule chapter.

(3) The Trust shall develop a model standard Purchase Agreement.

(4) The Trust shall obtain all disclosures of beneficial interest required in Section 286.23, F.S., before entering into a Purchase Agreement.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.007.

Fla. Admin. Code R. 62-821.008 Title Report and Evidence of Marketable Title

(1) To obtain Appraisals, the Trust may obtain a title report or title commitment which shall include a legal description of the Project Site to be acquired that is sufficient to inform the Trust, the Recipient and the Appraisers of the status of ownership, encumbrances, exceptions, reservations, and previous ownership history.

(2) Evidence of Owner’s marketable title shall be provided to the Recipient(s) and the Trust prior to the conveyance of title. The Trust shall further be provided a Title Insurance Commitment in accordance with the Purchase Agreement. The Title Insurance Commitment shall be followed after conveyance by an owner’s marketable title insurance policy (ALTA Form B) in favor of the Recipient or the Board of Trustees in accordance with the Recipient’s election under Rule 62-819.004, F.A.C. The Trust shall be listed as a co-insured on the Title Insurance Commitment and title insurance policy.

(3) The standard for examination of condition of title shall be The Uniform Title Standards of the Real Property, Probate & Trust Law Section of The Florida Bar, 1981 edition, together with all updates.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.008.

Fla. Admin. Code R. 62-821.009 Certified Survey

(1) At least 30 days prior to closing, a Certified Survey must be submitted to the Trust for final approval to rectify acreage and title issues against the title commitment, the negotiated Purchase Agreement and the Appraisal(s) used to determine the maximum amount.

(2) In cases where a Certified Survey cannot be practically completed or where the cost of the Certified Survey would be prohibited relative to the expected value of the real property, the requirement for such Certified Survey may, in whole or in part, be waived by the Recipient and the Trust. Such a waiver shall be requested by the Recipient at the time of submitting the Application.

(3) The Certified Survey shall be prepared according to the Minimum Technical Standards for Land Surveying and such additional requirements as may be determined by the Trust and the Recipient to be necessary to meet the intent of the statute and this rule chapter. The Certified Survey shall accurately portray to the greatest extent practicable the condition of the real property as it currently exists. The survey must have been certified within 90 days of the closing on the property unless this requirement is waived by the title insurer for the purpose of deleting the standard survey exception from the owner’s title insurance policy.

(4) The Certified Survey shall be approved by the Trust as being in compliance with the requirements of this rule chapter.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.009, Amended 6-9-13.

Fla. Admin. Code R. 62-821.010 Examination for Hazardous Materials Contamination

(1) All sites acquired with funds from the Florida Forever Trust Fund shall be examined for hazardous materials contamination within 90 days before closing.

(2) The examination for hazardous materials contamination shall be performed by an individual who is experienced in performing such an environmental site assessment and shall be documented in writing to the Trust and the Recipient.

(3) The examination for hazardous materials contamination shall be performed to the standard of practice of the American Society of Testing Materials (ASTM). For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice E 1527. If the findings and conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment may be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants onsite.

(4) Prior to closing the Recipient shall examine the written assessment and advise the Trust in writing of its understanding that by accepting title, it may be assuming liability for future adverse action or cleanup associated with the lands covered by the assessment.

(5) In the event an adverse environmental assessment is reported on a site, the Trust will assess the risk to the State. Because the Board of Trustees will have an executory interest in the Project Site, the Trust shall have the right to refuse to deliver funds for closing if the Trust determines the hazardous materials contamination presents a liability to the State that outweighs the benefits to be derived from the Acquisition of the Project Site. If it is determined by the Trust that a delay in, or termination of the Acquisition is necessary, the Trust shall immediately notify the Recipient. The Trust shall immediately notify all other parties to the Purchase Agreement of the action taken and the basis for the action.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.010, Amended 6-9-13.

Fla. Admin. Code R. 62-821.011 Closing

(1) Prior to closing the Trust shall prepare a grant reconciliation statement which shall evidence expenditures for all eligible Project Costs for the Project Site. The reconciliation statement shall be based on the prepared Buyer and Seller closing statements, the prepaid Project Costs of the Recipient and the Trust evidenced by paid receipts, any reimbursements to the Seller or others to be made after closing, the Award amount and any revisions to the Award. The reconciliation statement shall evidence the amount of funds needed from the Trust and Recipient in order that the closing may occur.

(2) The Trust shall have the authority to modify the Purchase Agreement to extend the time for option exercise, closing date, submittal deadlines or any other time limit relating to such agreement. The Trust shall also have the authority to execute or modify all documents necessary for the implementation of Trust action, such as the Purchase Agreement, letter of notification of exercise of option, leases, easements, legal descriptions, deeds, assignments, and other miscellaneous agreements and affidavits, provided the modification does not change the substance nor the scope of Trust approval, and provided the document executed or modified was either approved by the Trust or contemplated by Trust approval. Any changes in the purchase price to be paid to the Seller(s) not contemplated by the terms of the Purchase Agreement must be approved by the Trust. An extension or modification may only be made under the terms of the Purchase Agreement, or with the Seller’s agreement.

History

• Rulemaking Authority 380.507(11), 380.5105(2) FS. Law Implemented 259.105, 380.501-.515 FS. History–New 11-25-08, Formerly 9K-10.011.

Division 62N Division of Law Enforcement

Chapter 62N-16 POLLUTANT DISCHARGE ACT

Fla. Admin. Code R. 62N-16.009 Application of Definitions

History

• Rulemaking Authority 376.07, 376.15(2)(c) FS. Law Implemented 376.031, 376.065, 376.07, 376.15(2)(b) FS. History–New 8-23-74, Formerly 16B-16.09, Amended 11-5-80, 11-21-83, 10-3-85, 11-11-85, Formerly 16N-16.09, Amended 8-27-92, Formerly 16N-16.009, Amended 10-17-94, Transferred to 62S-6.009.

Fla. Admin. Code R. 62N-16.012 Discharge Cleanup Organization; Approval

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.06, 376.065, 376.09 FS. History–New 8-23-74, Formerly 16B-16.12, Amended 11-5-80, Formerly 16N-16.12, Amended 6-17-92, Formerly 16N-16.012, Transferred to 62S-6.012.

Fla. Admin. Code R. 62N-16.022 Notification of Pollutant Discharge

History

• Rulemaking Authority 370.021 FS. Law Implemented 376.12 FS. History–New 11-5-80, Formerly 16N-16.22, Amended 6-17-92, Formerly 16N-16.022, Transferred to 62S-6.022.

Fla. Admin. Code R. 62N-16.027 Form: Request for Reimbursement for Damage

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.12 FS. History–New 11-5-80, Formerly 16N-16.27, Amended 6-17-92, Formerly 16N-16.027, Repealed 2-28-12.

Fla. Admin. Code R. 62N-16.032 Terminal Facility Discharge Prevention and Response Certificates; Inspections

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.065 FS. History–New 8-27-92, Formerly 16N-16.032, Amended 4-12-95, Transferred to 62S-6.032.

Fla. Admin. Code R. 62N-16.033 Terminal Facility Discharge Contingency Plan

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.07 FS. History–New 8-27-92, Formerly 16N-16.033, Amended 4-12-95, Transferred to 62S-6.033.

Fla. Admin. Code R. 62N-16.034 Additional Equipment to Cleanup a 10,000 Gallon Pollutant Discharge

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.065 FS. History–New 8-27-92, Formerly 16N-16.034, Transferred to 62S-6.034.

Fla. Admin. Code R. 62N-16.035 Transfers

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.041 FS. History–New 3-2-93, Formerly 16N-16.035, Amended 10-17-94, Repealed 2-28-12.

Chapter 62N-30 RETIREMENT AWARD

Fla. Admin. Code R. 62N-30.001 Retirement Award

History

• Rulemaking Authority 112.193 FS. Law Implemented 112.193 FS. History–New 2-10-81, Formerly 16N-30.01, 16N-30.001, Repealed 2-28-12.

Division 62D Division of Recreation and Parks

Chapter 62D-2 OPERATION OF DIVISION RECREATION AREAS AND FACILITIES

Fla. Admin. Code R. 62D-2.013 Park Property and Resources

(1) Objective. All state parks have been established for the protection and preservation of their natural features or historic significance and for public use and enjoyment of the areas and facilities. The objective of these rules is to provide maximum public use consistent with the preservation of the natural features and historic value. State parks include all real property in the State of Florida under the jurisdiction of the Florida Department of Environmental Protection, Division of Recreation and Parks, or which may come under its jurisdiction regardless of the property’s designation. Among the designations included in the state park system are state park, state recreation area, state archaeological site, state historic site, state geological site, state botanical site, state preserve, state garden, state museum, state reserve, state cultural site, state wildlife park, state folk culture center, and state trail. For purposes of this chapter, Department shall mean the Department of Environmental Protection, and Division shall mean the Division of Recreation and Parks of the Department.

(2) Removal or Destruction of Park Property and Resources. No person shall destroy, injure, deface, mar, move, dig, harmfully disturb or remove from any park area, or the waters thereof, any buildings, structures, facilities, historic ruins, equipment, park property, soil, sand, gravel, rocks, stones, minerals, marine plants or animals, artifacts, or other materials. No person shall cut, carve, injure, mutilate, move, displace, or break off any water bottom formation or growth. Nor shall any person possess, break off, or in any way damage any stalactites, stalagmites or other cave formations. No rope, wire, or other contrivance whether permanent or temporary, shall be attached to any natural feature or property within a park.

(3) Fires. No person shall ignite or attempt to ignite any fire against or on any vegetation or park structures, except in designated fireplaces or grills. No person shall dispose of burning matches, smoking materials or other inflammable items within any park except in designated receptacles. Prescription burning shall be conducted by the Division where appropriate for the restoration, maintenance and preservation of certain plant communities.

(4) Plant Life.

(a) All plant life, terrestrial, aquatic, and aerial, is the property of the State of Florida. No person shall cut, carve, or damage the bark, or break off limbs or branches or mutilate in any way, or pick the flowers or seeds of any plant or tree. Nor shall any person dig in or otherwise disturb grass areas or in any other way impair the natural condition of any area; nor shall any person place debris or materials of any kind on or about any tree or plant.

(b) No person shall transplant or remove any plant life from any park, except as provided herein. The Division shall control invasive exotic plants where appropriate for the restoration, maintenance, and preservation of native plant communities.

(5) Animal Life.

(a) No person shall possess, molest, harm, frighten, kill, trap, hunt, chase, capture, shoot or throw any object at any mammal, bird, reptile, amphibian, or any other animal except as provided for in paragraph (d), below; nor shall any person remove the eggs, nest or young of any such animal; nor shall any person collect, remove, possess, give away, sell or offer to sell, or buy or offer to buy, or accept as gift, any specimen, alive or dead, of the groups of tree snails. The public is prohibited from killing, capturing, or molesting poisonous snakes. Park personnel are authorized to remove poisonous snakes from public areas of parks.

(b) No person shall feed or attempt to pet any wild animal.

(c) No person shall capture, collect, or in any way harm any animal life, except fish commonly referred to as edible or game species or as otherwise provided herein.

(d) Hunting and fishing in reserves may be allowed where substantial fish and wildlife habitat and resources exist. Management activities which maintain a natural diversity of plant and animal species will be encouraged. All fishing and hunting will be in accordance with subsections 62D-2.014(9) and (10), F.A.C. Hunting is prohibited in all state parks, state recreation areas, state archaeological sites, state historic sites, state geological sites, state botanical sites, state preserves, state museums, state cultural sites, state wildlife parks, state folk culture centers, state trails and state gardens.

(6) Introduction of Species. No person shall introduce into any park any plant or animal species by willful abandonment, negligence or for any other reason without authorization of the Division. Authorization shall be granted when the Division determines that the activity is consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S., and in keeping with protection, restoration, and maintenance of natural resources. Authorization may be obtained only by submitting a written request to the Division of Recreation and Parks, MS #500, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(7) Collection of Specimens. A permit must be obtained for the collection of natural objects, including plant and animal life and minerals. A permit shall be issued if such collection is for scientific or educational purposes; and the Division determines that it provides some benefit to the Division for management purposes (such as provision of a copy of the scientific report generated to the Division); is not harmful to park resources; and is consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S. Collection shall be conducted in compliance with the terms of the written permit. Permits shall be applied for by submitting a written request to the Division of Recreation and Parks, MS #500, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(8) Construction Activity. No person shall commence or conduct any construction activities upon any land or water areas under the jurisdiction of the Division, without first obtaining authorization from the Division. Authorization shall be granted only in cases where the construction activity is consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S., and in keeping with protection, restoration, and maintenance of natural resources. Authorization may be obtained only by submitting a written request to the Division of Recreation and Parks, MS #500, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(9) Public Utilities. Public utilities serving park property or traversing park property shall be designed, constructed and maintained as follows:

(a) Rights-of-way shall be as narrow as utility regulations permit, and kept free of invasive non-native plant species;

(b) Maintenance (trimming or removal) of vegetation shall occur no more often than minimally required for safe utilities transmission;

(c) Small trees, shrubs and other vegetation shall be left undisturbed except that a fifteen foot wide service road may be mowed, within the right-of-way;

(d) Trees that will interfere with power lines shall be cut or trimmed only as authorized by the park manager;

(e) Large volunteer trees that are threatening buried gas lines shall be cut only as authorized by the park manager;

(f) Easements crossing fire adapted plant communities shall be burned the same as the adjacent community;

(g) The utility company maintenance foreman shall consult with the park manager prior to undertaking routine maintenance to insure that only minimum trimming is accomplished; and,

(h) Only herbicides approved by the park manager shall be used. The application of herbicides shall be confined to the utility easement and not adversely affect adjacent park resources.

History

• Rulemaking Authority 258.007(2) FS. Law Implemented 258.004, 258.007(2),(3),(4), 258.017, 258.037, 258.083 FS. History–New 4-16-96, Amended 4-14-98, 12-19-99.

Fla. Admin. Code R. 62D-2.014 Activities and Recreation

(1) Regulation of Recreation Activities. The Division, in furtherance of the policy and intent of Chapter 258, F.S., may prohibit or regulate any activity that lessens the safety or recreational experience of the visiting public or lessens the natural or cultural value of the park. Except as provided herein, all recreational activities will occur at such locations as designated for specific uses by the Division.

(2) Park Entrance Rules and User Fees.

(a) Entering State Park Property. Entering or leaving any state park property except through the designated entrance points (except in emergency cases) is prohibited. No person may enter a state park property for the purpose of using the resources or facilities therein without paying the appropriate fee, if any, in effect at the time for that park property. A full stop shall be made at the Ranger Station when entering a state park.

(b) Fees. Admission fees shall be waived by authorized Division personnel for representatives of any government agency and for salesmen, tradesmen or other individuals who will benefit the park or state park system and who present proper identification. Admission fees shall also be waived for:

1. Children under six years of age,

2. Patients of Florida State Mental Institutions and clients of the Department of Juvenile Justice and the Department of Children and Family Services, and other similar institutions which are fully funded by federal, state, or local government, when such patients and/or clients are part of an organized group or program under the sponsorship and supervision of their respective institutions or parent agencies,

3. Florida school groups, including vocational schools, colleges and universities, accompanied by one or more teachers, and bearing a letter from the school principal, professor or other appropriate official, certifying that the park visit is related to a specific school curriculum and is for educational purposes rather than a purely recreational outing,

4. Division employees and their families,

5. The Division also offers a fifty percent discount on base camping fees to Florida citizens who are at least 65 years of age or Florida citizens possessing a current Social Security disability award certificate or proof of a 100% disability award from the Federal government or other acceptable proof of 100% disability.

(c) The Division Director shall recommend standard admission and other park fees, taking into consideration the following factors:

1. User demand,

2. Location of the park, including distance from major metropolitan areas,

3. Cost of managing and operating the park,

4. Type of facilities available,

5. Season; and,

6. Natural and historic resource values of the park.

(d) User fees shall become effective after they are advertised in a general statewide news release, and, if requested, reviewed at a public hearing, and approved in writing by the Secretary of the Department. Copies of the current fee schedule may be obtained from State Park offices or by writing to the Division at MS #500, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(3) Traffic Control. Authorized law enforcement officers and park personnel shall direct traffic in parks and on roads adjacent thereto as conditions warrant. All persons shall comply with lawful orders, signals, and direction of such officers and personnel. All persons shall observe and comply with posted traffic control devices and signs.

(4) Speed of Vehicles in Parks. No person shall drive a vehicle at a speed greater than is reasonable or prudent, having due regard for the surface, width and condition of paving and the traffic thereon, particularly when near children or bicyclists. Speed shall not exceed 25 miles per hour, and at the more congested centers and near park buildings, beaches, campgrounds, and picnic and play areas, it shall not exceed 15 miles per hour or as otherwise posted.

(5) Restriction to Roads. No person shall drive any vehicle on any area except designated roads, parking areas, or other such designated areas.

(6) Parking. All vehicles shall be parked only in established parking areas or in such other areas and at such times as the Division may designate.

(7) Bathing and Swimming.

(a) No individual shall swim, bathe, or wade in any waters at such places designated as prohibited for such activity by the Division. All such activities shall be in compliance with this chapter.

(b) In every area of a park including bathing areas no individual shall expose the human, male or female genitals, pubic area, the entire buttocks or female breast below the top of the nipple, with less than a fully opaque covering.

(8) Boating.

(a) No person shall operate watercraft regardless of means of propulsion upon any park watercourse, bay, lagoon, lake, canal, pond, slough, or those sovereign submerged lands lying within 400 feet of the Mean High Water or Ordinary High Water Line within the riparian lines of any state park unit in places designated by the Division as closed for such purposes.

(b) No watercraft shall be launched into or removed from any park waters, except at places designated for such purpose by the Division.

(c) No person shall moor, anchor or tie up to any buoy, marker, bank or any wharf, dock, tree, building or other object or structure on the bank, any watercraft of any kind in waters within or contiguous to park areas within one hundred feet of the shoreline, in areas designated by the Division as closed for such purposes. This restriction does not apply to vessels of a law enforcement agency of a local, state, or federal government.

(d) No person other than a Division employee or a concessionaire of the Division shall rent or hire, for profit or charge, any kind of watercraft in any park waters. Nor shall any watercraft operating for hire or carrying passengers for a fee, or contemplating such, land or receive such passengers at any dock, wharf or anchorage within jurisdiction of the Division except by permit. Permits shall be issued only when no concession agreement exists or when the concessionaire does not wish to provide the services requested. Permits shall be issued when it is determined by the Division that the request to provide this service would not adversely affect park resources, would be consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S., and would provide a needed visitor service. Permits shall be applied for in the same manner as in subsection 62D-2.013(7), F.A.C., herein.

(e) No person operating passenger launches or excursion boats from outside the parks that are for rent or hire or carrying passengers for money shall land or anchor or tie up in any park without first having applied for and received a permit from the Division. Permits shall be issued when it is determined by the Division that the request to provide this service would not adversely affect park resources, would be consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S., and would provide a needed visitor service. Permits shall be applied for in the same manner as in subsection 62D-2.013(7), F.A.C., herein. All persons operating such watercraft shall be subject to all Division boating rules.

(9) Fishing.

(a) Fishing is allowed in park waters, by any legal method, except where prohibited by the Division and under the provisions of this chapter. Any device which is employed to remove, capture, or attempt to capture fish in any waters closed to fishing or any device otherwise used in violation of this chapter shall be seized and confiscated by law enforcement officers.

(b) Under the provisions of this chapter commercial fishing for food and bait fish is allowed in the John Pennekamp Coral Reef State Park, St. Lucie Inlet State Park and those sovereign submerged lands lying within 400 feet of the Mean High Water or Ordinary High Water Line within the riparian lines of any state park unit under Division jurisdiction, except as prohibited in subsection 62D-2.014(1), F.A.C.

(c) All fishing in John Pennekamp Coral Reef State Park is subject to Florida Fish and Wildlife Conservation Commission Rule 68B-5.002, F.A.C., and provisions of Chapter 62D-2, F.A.C.

(d) Spearfishing is prohibited in all state parks.

(10) Hunting and Firearms. Hunting, trapping or the pursuit of wildlife is prohibited on all state park property, except in Reserves, as authorized by the Florida Fish and Wildlife Conservation Commission. Weapons shall at all times be in possession of a responsible party or properly secured within or to a vehicle or temporary housing, which shall include motor homes, travel trailers, recreational vehicles, campers, tents, or other enclosed structures, while in state parks. Properly secured means the weapon shall be locked away and not accessible to minors, and if in a tent means the weapon shall be secured in a locked container. No person shall use or openly display in any state park weapons such as firearms of any type, air rifles, spring guns, cross bows, bows and arrows, gigs (except in areas where gigs may be legally used for saltwater fishing), sling shots, electronic weapons, devices which fire a dart or projectile, or any other forms of weapons or trapping devices potentially dangerous to wildlife or human safety except when such weapons or traps are used for resource management purposes as authorized in this subsection. Shooting weapons into park areas from beyond park boundaries is prohibited. The Division may authorize the control of nuisance animals and may remove all nuisance or exotic animals from parks by trapping and other necessary means for park resource management purposes. Such authorization shall be in the form of a letter of authorization, license, permit, or contract negotiated by the parties or made pursuant to an advertised bid by the Division. Authorization may be obtained in the same manner as stated in subsection 62D-2.013(7), F.A.C., herein.

(11) Subleases of Certain Properties. The Division may sublease certain properties, or portions thereof, to other state, county or local governmental agencies for management purposes subject to approval by the Board of Trustees of the Internal Improvement Trust Fund in accordance with Section 253.034(4), F.S. The terms and conditions of the sublease shall control the use and management of the property.

(12) Alcoholic Beverages. Consumption of alcoholic beverages is prohibited except in restaurants and lodges that provide sales of such alcohol, and during park-sanctioned events such as special events, within designated areas only.

(13) Domestic Animals.

(a) Domestic animals shall be regulated in parks at any time when appropriate to enhance the recreational experience of other visitors or to protect the parks’ resources.

(b) Domestic breeds of dogs, cats and other fur-bearing pets, except dog guides, service dogs and nonhuman primates of the genus Cebus, which are trained and registered for assisting the physically impaired, shall be excluded from the following places in a park: food-service areas, designated camping areas, cabins, bathing and swimming areas including land and water portions, park buildings, playgrounds, and other designated areas. Pets are permitted in all other areas subject to the following restrictions:

1. All pets must be confined, leashed, or otherwise under the physical control of a person at all times. Leashes may not exceed six feet in length. This rule does not apply to horses and pack animals brought in for equestrian trail use.

2. Pets must be well behaved at all times. Pets must be confined in the owner’s camping unit during designated quiet hours. Unconfined pets may not be left unattended for more than 30 minutes and must be leashed.

3 Pet owners shall pick up after their pets and properly dispose of all pet droppings in trash receptacles.

4. Pets which are noisy, vicious, dangerous, disturbing or intimidating to other persons, and pets which damage park resources are considered to be nuisances and will not be permitted to remain in the park.

(c) Camping areas and other park areas will be evaluated, as to the suitability of pets, on a periodic basis. Areas of the park designated as prohibited for pets shall be determined based on park natural and cultural resources, primary recreational activities, camper and pet health and safety, geographical location and layout of camping areas, and the ability to provide a quality recreational experience for all visitors.

(14) Merchandising. No person shall offer for sale any article or material, nor place any stand, cart, or vehicle for the transportation, sale or display of any article or material for sale within any state park unless authorized by the Division. Authorization shall be issued when park resources are not adversely affected, existing contractual relationships are not impaired, a needed visitor service is provided, and the activity would be consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S. Authorizations may be obtained in the same manner as stated in subsection 62D-2.013(7), F.A.C., herein.

(15) Aircraft. No person operating or responsible for any aircraft, glider, balloon, parachute, or other aerial apparatus shall cause any such apparatus to take off from or land in any park except in an emergency when human life is endangered or where a designated landing facility may exist on park property.

(16) Hours.

(a) The opening and closing hours for each park shall be posted. No person shall remain in any park after closing unless properly registered as an overnight visitor or in possession of a valid after hours permit from the Division or park manager. Said permits may be obtained from the park office where such after hours use is offered.

(b) The Division, in furtherance of the park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S., may close any park or section thereof to the public at any time and for any interval of time, either temporarily or at regular stated intervals and either entirely or only for certain uses. Park closures will be used to provide visitor and employee safety, resource protection, operational efficiency, and facility maintenance. No person shall remain in any closed park or section thereof, unless authorized by the Division or park manager, or their delegee. Verbal authorization shall be granted by the Division, the park manager, or their delegee, when it is in the best interest of the park, or of the person remaining in the closed area, for safety, protection, construction, or restoration purposes.

(17) Photography. Private and commercial photography are allowed in state parks, except that commercial photography, such as motion picture productions, shall require a contract with the Division if they will disrupt normal park operations, adversely impact the park’s resources, or disrupt the public’s normal enjoyment of the park. Such activities shall be designed to avoid alteration of an irreplaceable natural resource, taking of a threatened or endangered species, or disruption of wildlife habitat, foraging, nesting or resting areas. The terms of the contract shall be negotiated with the Division and must result in a net positive benefit to the park, including reasonable compensation for use of public lands. This subsection is not intended to, and shall not, impair any constitutional right of free speech.

(18) Free Speech Activities. Free speech activities include, but are not limited to, public speaking, performances, distribution of printed material, displays, and signs. Free speech activities do not include activities for commercial purposes. Any persons engaging in such activities can determine what restrictions as to time, place, and manner may apply, in any particular situation, by contacting the park manager. Free speech activities shall not create a safety hazard or interfere with any other park visitor’s enjoyment of the park’s natural or cultural experience. The park manager will determine the suitability of place and manner based on park visitor use patterns and other visitor activities occurring at the time of the free speech activity.

History

• Rulemaking Authority 258.007(2) FS. Law Implemented 258.004, 258.007(1), (2), (3) 258.014, 258.016, 258.017, 258.037 FS., Ch. 2006-103, Laws of Florida. History–New 4-16-96, Amended 4-14-98, 12-19-99, 10-29-03, 4-30-07.

Fla. Admin. Code R. 62D-2.015 Civil Penalties

(1) Intent. This section provides civil penalty schedules for violations of the provisions in Rules 62D-2.013 and 62D-2.014, F.A.C., as authorized by Sections 258.007, 258.008, 316.212, 316.2125, and 316.2126, F.S.

(2) Level One Violations.

(a) A person commits a Level One violation if he or she violates any of the provisions, rules, regulations, or orders relating to:

1. Feeding or petting wildlife,

2. Admission to state park property,

3. Traffic control and speed of vehicles,

4. Parking,

5. Swimming,

6. Launching or removal of watercraft from park waters,

7. Mooring, anchoring, or tying up watercraft in waters within or contiguous to park areas,

8. Fishing,

9. Alcoholic beverages,

10. Pets,

11. Merchandising,

12. Aircraft,

13. Operating Hours; and,

14. Photography.

(b) A person who commits a Level One violation commits a noncriminal infraction and shall be cited to appear before the county court.

(c) The civil penalty for a person who commits a Level One violation is $75.00 per violation, unless paragraph (d) or (e), applies.

(d) The civil penalty for a person who commits a Level One violation is $150.00 per violation if the person cited has previously committed the same Level One violation within the preceding 36 months.

(e) The civil penalty for a person who commits a Level One violation is $500.00 per violation if the person cited has twice previously committed the same Level One violation within the preceding 60 months.

(3) Level Two Violations.

(a) A person commits a Level Two violation if he or she violates any of the provisions, rules, regulations, or orders relating to:

1. Damaging plant life, disturbing grass areas or impairing the natural condition of any area or placing debris or material of any kind on or about any plant.

2. The transplantation or removal of any plant life.

3. The introduction of any plant or animal species.

4. Unpermitted or uncontracted construction activities.

5. The failure or refusal to comply with any directions, instructions, or orders issued by park personnel.

6. The operation of watercraft in closed areas.

(b) A person who commits a Level Two violation commits a noncriminal infraction and shall be cited to appear before the county court.

(c) The civil penalty for a person who commits a Level Two violation is $100.00 per violation unless paragraph (d) or (e), applies.

(d) The civil penalty for a person who commits a Level Two violation is $200.00 per violation if the person cited has previously committed the same Level Two violation within the preceding 36 months.

(e) The civil penalty for a person who commits a Level Two violation is $500.00 per violation if the person cited has twice previously committed the same Level Two violation within the preceding 60 months.

(4) Level Three Violations.

(a) A person commits a Level Three violation if he or she violates any of the provisions, rules, regulations or orders relating to:

1. The removal or destruction of park property and resources.

2. Fires.

3. The rent or hire of watercraft in any park waters or permits needed pertaining to same.

4. Excursion boats for rent or hire carrying passengers for money.

5. Firearms or weapons.

(b) A person who commits a Level Three violation commits a noncriminal infraction and shall be cited to appear before the county court.

(c) The civil penalty for a person who commits a Level Three violation is $150.00 per violation, unless paragraph (d) or (e), applies.

(d) The civil penalty for a person who commits a Level Three violation is $300.00 per violation if the person cited has previously committed the same Level Three violation within the preceding 36 months.

(e) The civil penalty for a person who commits a Level Three violation is $500.00 per violation if the person cited has twice previously committed the same Level Three violation within the preceding 60 months.

(5) A person cited for a violation shall sign and accept a citation to appear before the county court. The issuing officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty.

(6) A person cited for a violation may pay the civil penalty by mail or in person within 30 days after receipt of the citation. If the civil penalty is paid, the person shall be deemed to have admitted committing the violation and to have waived his or her right to a hearing before the county court. Such admission may not be used as evidence in any other proceedings except to determine the appropriate fine for any subsequent violations.

(7) A person who refuses to accept a citation, who fails to pay the civil penalty for a violation, or who fails to appear before the county court, as required, commits a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, F.S.

(8) A person who elects to appear before the county court or who is required to appear before the county court shall be deemed to have waived the limitations of civil penalties under subsections (1), (2), (3), and (4). After a hearing, the county court shall determine if a violation has been committed, and if so, may impose a civil penalty of not less than $75.00 for each first-time Level One violation, $100.00 for each first-time Level Two violation or $150.00 for each first-time Level Three violation and not more than $500.00 for each subsequent Level One, Level Two or Level Three violation.

(9) The provisions set forth above for civil penalties are in addition to any action or actions brought to enforce the criminal penalty provisions of Section 258.008, F.S.

(10) Multiple cases, civil or criminal, may arise out of the same alleged facts or incident, and the pendency of result for one case shall not stay or control the result of the other or others.

History

• Rulemaking Authority 258.007, 258.008 FS. Law Implemented 258.008 FS. History–New 6-2-09.

Chapter 62D-5 FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION

Fla. Admin. Code R. 62D-5.053 Purpose

The Florida Department of Environmental Protection (DEP), pursuant to Section 375.075, F.S., is authorized to establish the Florida Recreation Development Assistance Program (FRDAP) to provide grants to qualified local governmental entities to acquire or develop land for public outdoor recreation purposes. The purpose of this part is to set forth procedures to govern the program.

History

• Rulemaking Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.053.

Fla. Admin. Code R. 62D-5.054 Definitions

The terms used in this part are defined as follows:

(1) “ACQUISITION” means the act of obtaining real property or interests and rights thereon by various legal means to serve public outdoor recreation purposes.

(2) “APPLICANT” means a local governmental entity which submits an application for FRDAP funds to the Department during an announced application submission period.

(3) “APPLICATION” means a formal request for FRDAP funds by an applicant consisting of a complete project application form with all required documentation.

(4) “APPLICATION SUBMISSION PERIOD” means the formally announced period of time provided by the Department for the submission of FRDAP applications by local governmental entities.

(5) “CASH” means money paid by a grantee to purchase goods and services from private and independent sources for accomplishment of a FRDAP project. In-kind service costs are not cash.

(6) “CAPITAL IMPROVEMENT PLAN” means that portion of an applicant’s adopted local comprehensive plan which indicates a schedule of capital improvement projects, including estimated costs and target dates for completion.

(7) “DEPARTMENT” means the Florida Department of Environmental Protection.

(8) “DEVELOPMENT” means the act of physically improving an area, facility, resource or site to increase its ability or capacity to serve public outdoor recreation purposes.

(9) “DIVISION OF RECREATION AND PARKS” means the Division of Recreation and Parks of the Florida Department of Environmental Protection.

(10) “DIVISION OF STATE LANDS” means the Division of State Lands of the Florida Department of Environmental Protection.

(11) “EVALUATION CRITERIA” means the standards used to evaluate FRDAP applications.

(12) “ESTIMATED PROGRAM FUNDS” means the amount of FRDAP funds estimated to be available for the subsequent fiscal year by the Department.

(13) “FACILITY” means a component of a capital improvement project.

(14) “FISCAL YEAR” means the State fiscal year, July 1 – June 30.

(15) “FRDAP” means the Florida Recreation Development Assistance Program.

(16) “FUNDING CYCLE” means the interval of time between the start of a FRDAP application submission period and appropriation of project funds by the Florida Legislature.

(17) “GRANT” means program funds authorized by the Secretary for release to a grantee for implementation of an approved project.

(18) “GRANTEE” means a local governmental entity receiving FRDAP funds pursuant to an approved FRDAP application.

(19) “GREENWAY PLAN” means an adopted local or regional plan describing the acquisition and development of a system proposed to link natural areas, open spaces and trails in the area served.

(20) “GREENWAYS AND TRAILS PLAN” means the document entitled “Connecting Florida’s Communities with Greenways and Trails”, dated September, 1998, and available from the Office of Greenways and Trails, 3900 Commonwealth Boulevard, MS 795, Tallahassee, Florida 32399-3000, (850)488-3701.

(21) “IN-KIND SERVICE COSTS” means in-house expenses incurred by a grantee for labor and materials and grantee-owned and maintained equipment for accomplishment of an approved FRDAP project. Volunteer labor, inmate labor, or donated materials are ineligible program expenses.

(22) “LAND VALUE” means the assessed fair market value of land used by a grantee as match to FRDAP funds.

(23) “LOCAL GOVERNMENT COMPREHENSIVE PLAN” means a plan adopted pursuant to Chapter 163, F.S.

(24) “LOCAL GOVERNMENTAL ENTITY” means a county government, municipality (incorporated city, town or village), or an independent special district of the State of Florida with legal responsibility for the provision of outdoor recreational sites and facilities for use and benefit of the general public.

(25) “LWCF” means the Land and Water Conservation Fund, administered pursuant to Chapter 62D-5, Part VII, F.A.C.

(26) “MATCH” means the provision of cash, in-kind service costs or land value in the ratio required by this rule to be added to FRDAP funds by the grantee for the project cost.

(27) “MIXED-USE/MULTI-USE TRAIL” means a trail or corridor designated for more than one use, including motorized or non-motorized uses.

(28) “MOTORIZED TRAIL” means a trail specifically for off-road recreational motorized vehicular activities, including all-terrain vehicle riding, motorcycling, use of off-road light trucks, e-bikes, or other off-road motorized vehicles.

(29) “NEEDS” means a deficiency in or a necessity to carry out a predetermined level of recreational service.

(30) “NEW CONSTRUCTION” means building of new facilities not previously in existence.

(31)“NONMOTORIZED TRAIL” means a trail designated for foot, bicycle, canoe/kayak, equestrian traffic, or other nonmotorized uses.

(32) “OPEN SPACE” means an outdoor area whose purpose is to provide a source of recreation which contributes to environmental harmony through the enrichment of flora, fauna, wildlife habitat, and geological features.

(33) “OUTDOOR RECREATION” means the pursuit of leisure activities in an outdoor environment.

(34) “PREAGREEMENT EXPENSES” means expenses incurred by a grantee for accomplishment of an eligible FRDAP project prior to full execution of a project agreement.

(35) “PRIMARY FACILITY” means any facility which could stand alone and provide outdoor recreation without a support facility. Examples of primary facilities are: beach access, trailhead and trailside facilities, fishing piers, boat ramps and docks, canoe trails, boardwalks, observation towers, ball fields, tennis and basketball courts, playgrounds, hiking, nature and bike trails, or skate facilities.

(36) “PRIORITY LIST” means a list that contains all eligible applications which will meet or exceed the minimum point score as identified under paragraph 62D-5.056(3)(b), F.A.C.

(37) “PROGRAM” means the Florida Recreation Development Assistance Program.

(38) “PROGRAM AMOUNT” means the amount of FRDAP funds appropriated by the Florida Legislature for the subsequent fiscal year.

(39) “PROJECT” means the planned undertaking in which all actions or activities have a clear-cut identity and a well-defined, common outdoor recreation objective that has been planned to the point of definite implementation for which FRDAP funds will be used.

(40) “PROJECT AGREEMENT” means an executed contract between the Department and a grantee setting forth mutual obligations regarding an approved FRDAP project.

(41) “PROJECT COMPLETION” means the project is open and available for use by the public. Project must be designated complete prior to release of final reimbursement.

(42) “PROJECT COMPLETION DATE” means the date specified in a project agreement by which a grantee shall complete an approved FRDAP project and incur all grant and if applicable, match related expenses.

(43) “PROJECT COST” means the total of a FRDAP grant award and required match.

(44) “PROJECT ELEMENT” means an identified facility within a project.

(45) “PROJECT PERIOD” means the period of time set forth in a project agreement during which eligible project costs may be incurred and charged to the grant.

(46) “PROJECT SITE” means the specific area, and boundaries thereof, as shown by a survey and a legal description, for which FRDAP funds are used.

(47) “REAL PROPERTY” means land and improvements attached or affixed to the land.

(48) “RECREATIONAL TRAIL” means a linear corridor and any adjacent support parcels on land or water providing public access for recreation or authorized alternative modes of transportation such as bicycling, hiking, equestrian, and aquatic or water activities.

(49) “RENOVATION” means repair, replacement, or restoration of like facilities to an improved state suitable for public use, which facilities have deteriorated due to natural causes to the point where their usefulness is impaired.

(50) “RTP” means the Recreation Trails Program of the Office of Greenways and Trails, administered pursuant to Chapter 62S-2, F.A.C.

(51) “SECRETARY” means the Secretary of the Florida Department of Environmental Protection.

(52) “STAFF” means Department staff.

(53) “SCORP” means the State Comprehensive Outdoor Recreation Plan for the State of Florida prepared under Section 375.021, F.S.

(54) “SUPPORT FACILITY” means a facility which could not stand alone, or which would have little or no public outdoor recreational value without the primary facility. Examples of support facilities are: parking lots, rest rooms, bathhouses, combined restroom-concession stand buildings, access roads, walkways, landscaping, security lighting and fencing, and interpretive signs.

(55) “TRAIL CONSTRUCTION” means the act of developing new or renovating recreational trails, which may include trailhead and trailside facilities.

(56) “Trail System” means a set of interconnected components that function as a whole and thereby achieve a behavior or performance that is different than the sum of each of the components taken separately.

(57) “Trailhead” means a point of access to a trail. It shall be accessible from a public road and have restrooms and parking available.

History

• Rulemaking Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.054, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04.

Fla. Admin. Code R. 62D-5.055 General Requirements

The following constitutes the general procedures for the program:

(1) DISTRIBUTION OF PROGRAM FUNDS. FRDAP funds are distributed as reimbursement grants by the Department on a project-by-project basis to applicants eligible under this rule. The Department’s performance and obligation to award program grants are contingent upon an annual appropriation by the Florida Legislature for the subsequent fiscal year.

(2) APPLICATION SUBMISSION PERIOD. The Department shall accept program applications only during the application submission period. Applications must be postmarked on or before the last day of the application submission period. The Department shall publicize the dates of the application submission period and other pertinent application information specified in this rule in the Florida Administrative Register.

(3) MAXIMUM GRANT REQUEST. The Department shall announce the maximum funds that an applicant may request in a FRDAP application in the publication of the application submission period.

(4) MATCH REQUIREMENTS. Match requirements for FRDAP grants are set forth below:

(a) Match Ratios. The following match ratios apply:

Total Project Cost

State Share

Grantee Share

$50,000 or less

100%

0

$50,001 – 150,000

75%

25%

Over $150,000

50%

50%

(b) Eligible Match Types. A grantee may utilize the following types of match sources for the grantee share:

1. Cash.

2. In-kind service costs.

3. Land Value. The value of a project site, which has no recreational facilities already on it, owned by the applicant. The applicant must submit an appraisal prepared pursuant to subparagraph 62D-5.058(6)(f)1., F.A.C., or documentation from the County Property Appraiser showing the current assessed value of the land.

(c) Ineligible Match Sources. Land value of property acquired through FRDAP or other state and federal grant land acquisition programs, such as: Land and Water Conservation Fund, legislative special interest projects, Florida Communities Trust, Conservation and Recreation Lands Program (CARL), Save Our Rivers, Preservation 2000, Florida Forever, Recreation Trails Program (RTP), and Land Acquisition Trust Fund (LATF).

(5) GRANT AWARD. The Secretary shall approve applications to the extent of estimated available program funds based on a review of staff’s recommended application priority lists of eligible applications established pursuant to subsections 62D-5.055(6) and (7), and Rule 62D-5.057, F.A.C. The Secretary shall approve the final application priority list, and the Department shall submit the list to the Executive Office of the Governor and to the House and Senate Appropriations Committees for funding consideration for the subsequent fiscal year.

(6) PROGRAM AMOUNT ALLOCATION. For each funding cycle, the Department shall divide the estimated available program amount into two funds: Small and Large Funds. The percentage of the program amount that is allocated to each fund is determined by the percentage of funds requested by applicants in that fund.

(a) Small Projects Fund. The dollar amount of eligible applications proposing projects that do not exceed $50,000.00 in project cost divided by the total dollar amount of requested funds in all eligible program applications.

(b) Large Projects Funds. The dollar amount of eligible applications proposing projects that exceed $50,000.00 in project cost divided by the total dollar amount of requested funds in all eligible program applications.

(7) RECOMMENDED APPLICATION PRIORITY LIST. The program amount assigned to each fund, established pursuant to subsection 62D-5.055(6), F.A.C., shall be divided into three categories: acquisition, development, and trail construction. The fund amount assigned to each category is based on the percentage of funds in each category in relationship to the total amount of requested funds in all eligible project applications for each fund. Likewise, eligible project applications shall be divided into land acquisition, facility development, and trail construction categories in each fund and evaluated according to Rule 62D-5.057, F.A.C. A total point score shall be assigned to each application upon evaluation of each under Rules 62D-5.056 and 62D-5.057, F.A.C. Department staff shall prepare one priority list for each fund. Applications shall be ranked on the priority list according to assigned point scores. The application with the highest score will receive the highest priority. The remaining applications will be arranged in descending order according to their assigned point scores. Applications scoring below the minimum, established pursuant to paragraph 62D-5.056(3)(c), F.A.C., shall not be placed on the priority list. The priority list shall include recommendations for distribution of available program funds. In the event there are insufficient applications to account for all program funds assigned to a category or fund, the remaining funds shall then be allocated to the other category or fund.

(8) TIE-BREAKER SYSTEM. If two or more applications receive the same score as a result of the above evaluation, the following tie-breaker system will be used to decide the priority ranking among them. Tied applications will be evaluated according to each step of the tie-breaker system in order and will be assigned their priority accordingly. If the tie is not broken by using step one, step two will be used.

(a) Step I – Per Capita Funding History. An order of priority among those applications with equal scores shall be established based on the per capita amount of funds previously received by the applicant through FRDAP during the previous five fiscal years. The application from the applicant which received the lowest per capita amount of program funds receives the highest priority. Other applications will be arranged in descending order related inversely to the per capita amount of program funds each has received. The resident population within the applicant’s jurisdictional boundaries shall be utilized to compute the per capita amount of funds each applicant has received.

(b) Step II – Per Capita Operating Budget. The applicant with the lowest per capita expenditure of general operating funds receives the highest priority. The resident population within the applicant’s jurisdictional boundaries, as determined in Step I, will be divided into the applicant’s current fiscal year total general operating budget to obtain the per capita operating fund amount.

(9) RETROACTIVE PROJECTS. Retroactive projects are eligible if they otherwise meet rule criteria, funds are available, and project costs have occurred within one (1) year prior to the approval of funding by the Governor.

(10) UNSETTLED CLAIMS. The Department shall deny or suspend program eligibility to any applicant or grantee against which the Department has an unsettled financial claim.

History

• Rulemaking Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.055, Amended 8-13-98, 7-5-01.

Fla. Admin. Code R. 62D-5.056 Application Requirements and Processing

The Department shall approve applications for program grants in order of priority until all program funds are depleted under the following standards and criteria:

(1) ELIGIBLE APPLICANTS. All local governmental entities with the legal responsibility for the provision of outdoor recreational sites and facilities for the use and benefit of the public may submit FRDAP applications during the application submission period.

(2) PROJECT ELIGIBILITY.

(a) Outdoor Recreation: FRDAP grants shall only be awarded to grantees for projects that are for the sole purpose of providing outdoor recreational opportunities to the public.

(b) Eligible Site: The site of a FRDAP development project shall be owned by the applicant, or shall be under lease to the applicant for a period of time sufficient to satisfy the dedication period required by this rule, by the submission period deadline. The Department shall make exceptions when the applicant demonstrates that: 1) it is in the public interest; 2) it complies with all other parts of the rule; and 3) it serves the legislative intent of Section 375.075, F.S. Other forms of real property interest will be considered if the applicant provides clear and explicit documentation showing that it has the sole ability to control, manage, and dedicate the park for the required period of time; and that such interest cannot be unilaterally or arbitrarily canceled by the grantor of the interest. Site control verification must be received by the close of the submission cycle, as required by form FPS-A033, described in subsection (6), of this rule. Eligible sites shall not include school board property. Eligible sites shall be dedicated or managed for public recreational use pursuant to Rule 62D-5.059, F.A.C.

(c) Number of Applications: An applicant may submit no more than two applications during each application submission period, with the exception of a consolidated city-county government which may submit four applications.

(d) Active Projects: A grantee with two incomplete FRDAP projects by the closing date of an application submission period shall only be eligible to submit one additional application.

(e) Duplicate Projects: A grantee shall not apply for FRDAP funds to complete an approved or incomplete FRDAP, LWCF, or RTP project. An applicant shall not submit the same application, in whole or in part, for more than one of the following: Florida Recreation Development Assistance Program, Land and Water Conservation Fund, or Recreational Trails Program, in concurrent or overlapping funding cycles.

(3) ELIGIBILITY DETERMINATION. Following closure of an application submission period, Department staff will review and determine the eligibility of each applicant based on the following:

(a) Applications received by the application submission deadline will be reviewed and evaluated by Department staff based on the materials submitted. Applicants will be notified of the timely receipt and status of their application(s).

(b) No additional information shall be accepted after the application submission deadline, unless specifically requested by Department staff for clarification of information provided in the application received by the published application submission deadline.

(c) Ineligibility: An application, in whole or in part, may be declared ineligible by the Department pursuant to paragraphs 62D-5.056(2)(a)-(e), F.A.C. The Department may determine that a project site or facility is not viable or practical. A project site would not be considered practical if it has documented and unresolved environmental violations on the site. A project site or facility would not be considered viable if it does not receive a minimum number of 53 points as awarded under Rule 62D-5.057, F.A.C.

(4) APPLICATION EVALUATION. Each eligible application shall be evaluated on the basis of the information provided in the application and in accordance with this part. Each application shall be assigned a total point score pursuant to subsection 62D-5.055(7), and Rule 62D-5.057, F.A.C.

(5) UNFUNDED AND INELIGIBLE APPLICATIONS. Any unfunded or ineligible application may be returned to the applicant upon request. If no request is made within 30 days after notification of grant awards, unfunded applications shall be discarded by staff.

(6) APPLICATION FORM. The Florida Recreation Development Assistance Program Application Form, FPS-A033, effective date 08/13/98, is hereby incorporated by reference and is available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station 585 Tallahassee, Florida 32399-3000, (850)245-2501.

History

• Rulemaking Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.056, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04.

Fla. Admin. Code R. 62D-5.057 Evaluation Criteria

Pursuant to subsection 62D-5.055(7), F.A.C., a total point score shall be assigned to each eligible application after an evaluation according to the application criteria which follows:

(1) GENERAL CRITERIA.

(a) The project implements the applicant’s adopted local comprehensive plan and: is included in the Capital Improvement Plan (CIP) or schedule during the current or next three (3) fiscal years:

20 points

or

is included as part of the plan through an adopted resolution committing the applicant to amend their CIP and complete the project should it receive program funds:

10 points

(b) The project would address one or more issues or goals as identified in the state comprehensive outdoor recreation plan:

4 points

(c) The project provides for a priority resource or facility need in the applicant’s planning region identified in the state comprehensive outdoor recreation plan:

7 points

(d) The applicant obtained public participation through the following methods:

21 maximum points

Presentation at an advertised public meeting held solely for the discussion of the proposed project.

10 points

Presentation at a regularly scheduled advisory board meeting responsible for park, recreation and leisure service activities.

7 points

Presentation to community organizations or neighborhood associations or opinion surveys.

4 points

(e) The applicant has the capability to develop, operate and maintain the project:

Has a full-time recreation or park department staffed to provide facility development, programming and maintenance capabilities.

6 points

or

Has demonstrated the existence of a full-time ability to provide facility development, programming and maintenance capabilities.

4 points

or

Has other means of providing facility development, programming and maintenance capabilities.

2 points

(f) The project is supported through a written cooperative agreement between the applicant and a private or public entity in which said entity agrees to furnish 10% or more of the cash, land, or labor services for the project.

3 points

(g) The project creates or enhances the development, extension or connection of local, regional, state or national parks, greenways, or trails. The project would provide for increased trail access by (a) connecting an existing, publicly owned and designated recreational trail with a project trail outside the project boundary; or (b) connecting two publicly designated trails outside of any park.

5 points

(2) DEVELOPMENT CRITERIA.

(a) The project provides for new development of entirely undeveloped park property:

5 points

(b) The project provides facilities identified in the priority ranked index clusters of outdoor facilities needs for renovation and/or new construction identified within the applicant’s population density set forth in the Department’s study entitled “Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida,” effective December 1995, and incorporated herein by reference:

1. First priority ranked cluster:

6 points for each facility

2. Second priority ranked cluster:

5 points for each facility

3. Third priority ranked cluster:

4 points for each facility

4. Fourth priority ranked cluster:

3 points for each facility

5. Fifth priority ranked cluster:

2 points for each facility

6. Sixth priority ranked cluster:

1 point for each facility

(A project facility not listed in the priority ranked indexes will receive a score of a similar facility included in the indexes, as determined by Department staff).

(30) maximum points

(c) The project, in whole or in part, addresses the priority funding needs for new construction, renovation, or a combination of the two for the applicant’s population density identified in the Department’s study entitled “Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida,” identified in paragraph (2)(b), above:

Higher priority or combination of new construction and renovation.

13 points

Lower priority.

8 points

(3) ACQUISITION CRITERIA.

(a) The project provides for development of facilities identified in the top three priority ranked index clusters of outdoor facilities needs for new construction identified within the applicant’s population density set forth in the Department’s study entitled “Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida,” effective December 1995, and incorporated herein by reference:

15 points

(b) The project provides needed recreational acreage pursuant to the applicant’s adopted local comprehensive plan:

15 points

(c) The applicant has identified development of the property in their capital improvement plan (CIP) or schedule during the current or next 3 fiscal years:

6 points

or

applicant has included development of the property as part of the plan through an adopted resolution committing the applicant to amend their CIP and develop the property should it receive program funds:

3 points

(4) TRAIL CONSTRUCTION CRITERIA.

(a) The project provides for new trail construction on an entirely undeveloped park property:

5 points

(b) The project addresses one or more of the recommendations identified in the Greenways and Trails Plan:

6 points

(c) The project is located on or connects with a Florida Designated Greenway or Trail:

3 points

(d) The project implements an adopted local or regional Greenways or Trails Plan:

4 points

(e) The specific trail design demonstrates that the project will support mixed use/multi-use trail opportunities:

8 points

or

Single use recreational trail opportunities:

6 points

(f) The project addresses the priority funding needs for new construction, renovation, or a combination of the two for the applicant’s population density identified in the Department’s study entitled “Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida,” effective December 1995, available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)245-2501, and incorporated herein by reference for one of the following:

Higher priority or combination of new construction and renovation:

13 points

Lower priority:

8 points

History

• Rulemaking Authority 375.075 FS. Law Implemented 375.075(2) FS. History–New 12-10-90, Formerly 16D-5.057, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04.

Fla. Admin. Code R. 62D-5.058 Grant Administration

The following constitutes procedures for administration of program grants:

(1) PROJECT AGREEMENT. After the Legislature appropriates FRDAP funds, the Department and grantee shall enter into a project agreement which sets forth the responsibilities and duties of each regarding administration of the approved project. The project agreement shall contain terms and conditions particular to each project. Project agreements are not transferable.

(2) PAYMENT BASIS. Grantees shall be paid program funds by the Department subject to the following conditions:

(a) Project Costs. Payment of project costs shall be reimbursed as provided for in this rule and in the project agreement. Costs shall be incurred between the effective date of, and the project completion date identified in, the project agreement except for pre-agreement costs. Costs for appraisals, appraisal review, surveys (boundary and topographic), title searches and project signs are eligible project expenses. If the total cost of the project exceeds the grant amount and the required match, the grantee must pay the excess cost.

(b) Cost Limits. Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, project inspection, and other similar fees, are eligible project costs provided that such costs do not exceed fifteen percent of the project cost.

(c) Retention. The Department shall retain ten percent of the grant until the grantee completes the project and the Department approves the completion documentation set forth in paragraphs 62D-5.058(6)(g) and (7)(d), F.A.C.

(3) ACCOUNTABILITY. The following procedures shall govern the accountability of program funds:

(a) Accounting System. Each grantee shall maintain an accounting system which meets generally accepted accounting principles and shall maintain financial records to properly account for all program and matching funds.

(b) Grant and Contract Accountability Procedure. The grantee shall ensure the requirements of the Division’s Grant and Contract Accountability Procedure, effective, January 23, 1997, incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.

(4) PROJECT COMPLETION CERTIFICATION. The grantee shall submit to the Department a Project Completion Certificate, FPS-A037, effective date 08/13/98, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.

(5) REVERTED PROJECT FUNDS. FRDAP funds remaining after termination of a grant award or grantee completion of project shall revert to the Department under the provisions of Section 216.301, F.S. If any funds awarded during a funding cycle are not accepted by the grantee or become available before termination of the fiscal year for which they were appropriated, the Department shall offer the funds to unfunded applicants in order of priority.

(6) ACQUISITION PROJECTS. The following constitutes the specific procedures for administration of acquisition projects:

(a) Grant Period. The grantee will have up to one year from the start of the state’s fiscal year in which funds are appropriated to purchase the property. Department staff will extend this period for good cause such as financial hardship, public controversy, or factors beyond grantee’s control, at the written request of the grantee. Extensions shall not exceed three years from the start of the state’s fiscal year in which funds are appropriated.

(b) Ownership. Title to land acquired with program funds shall vest in the grantee.

(c) Procurement. The grantee shall purchase the property according to its adopted acquisition methods.

(d) Assumption of Title. The grantee shall not purchase the property until the project agreement is fully executed and Department staff approves the commencement documentation required by paragraph 62D-5.058(6)(f), F.A.C., unless otherwise specified in this part.

(e) Site Development. The grantee will have up to three (3) years from the completion date set forth in the project completion certificate to develop the property.

(f) Commencement Documentation. Prior to commencement of acquisition procedures, the grantee shall submit for approval the documentation described in the Florida Recreation Development Assistance Program Acquisition Project Commencement Documentation Form, FPS-A034, effective date 08/13/98, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)245-2501.

1. Appraisal. Prior to the Department staff authorizing the grantee to commence acquisition procedures, the grantee shall submit to the Department an appraisal, prepared in accordance with the uniform standards of professional appraisal practices, which establishes the fair market value of the project site. The fair market value of the project site shall be based on its highest and best use. If the property is $500,000.00 or less in appraised value, one appraisal is required. If the property exceeds $500,000.00 in appraised value, two appraisals are required. The appraisal(s) must be dated no earlier than six months prior to the closing date of the application submission period and prepared by an appraiser on the list of approved appraisers maintained by the Department’s Division of State Lands under the provisions of Sections 253.025(6)(b), 259.041(7)(c), F.S., and Rule 18-1.007, F.A.C. The list of approved appraisers may be obtained from the Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Boulevard, Mail Station 110, Tallahassee, Florida 32399-3000, (850)245-2658. If two appraisals are required for the project, the lower of the approved appraised values is the basis of the acquisition cost for program purposes.

2. Survey. For all acquisition projects, the grantee shall submit to the Department a survey of the project site. The survey must provide a legal description and sketch of the property’s boundaries, display known easements and encroachments, if any, be legally sufficient to identify the site, be updated to within one year of the closing date of the application submission period, and must be signed and sealed by a professional surveyor and mapper licensed under provisions of Chapter 472, F.S. Along with the survey, the grantee shall submit a title opinion, prepared by a member of the Florida Bar or a licensed title insurer. The title opinion shall cover the prior thirty year period.

(g) Completion Documentation. Upon completion of an acquisition and prior to release of the final payment, the grantee shall submit all documentation described in the Florida Recreation Development Assistance Program Acquisition Project Completion Documentation Form, FPS-A036, effective date 08-13-98, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850)245-2501.

(7) DEVELOPMENT PROJECTS AND TRAIL CONSTRUCTION. The following constitutes the specific procedures for administration of development projects:

(a) Grant Period. The grantee will have up to three years from the start of the state’s fiscal year in which funds are appropriated to complete the project. If the project is not completed within three years from the original contract date, the start of the state’s fiscal year in which funds are appropriated, the contract shall be terminated and the project funds shall revert to the revenue fund from which they were appropriated.

(b) Procurement of Goods and Services. The grantee shall secure all goods and services for accomplishment of the project according to its adopted procurement procedures.

(c) Commencement Documentation. Prior to commencement of project construction, the grantee shall submit for approval the documentation described in the Florida Recreation Development Assistance Program Development Project Commencement/Reimbursement Documentation Form, FPS-A034, effective 08/13/98, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)245-2501.

1. Project Permitting Certification. The grantee shall submit to the Department a Project Permitting Certificate, FPS-A035, effective date 08/13/98, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)245-2501.

2. Land Value Match. Prior to the Department staff authorizing the grantee to commence construction of a project utilizing land value as match, the grantee shall submit to the Department an appraisal, prepared in accordance with the uniform standards of professional appraisal practices, which establishes the fair market value of the project site. The fair market value of the project site shall be based on its highest and best use. The appraisal must be dated no earlier than one year prior to the closing date of the application submission period and prepared by an appraiser on the list of approved appraisers maintained by the Department’s Division of State Lands, under provisions of Sections 253.025(6)(b), 259.041(7)(c), F.S., and Rule 18-1.007, F.A.C. The list of approved appraisers may be obtained from the Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Boulevard, Mail Station 110, Tallahassee, Florida 32399-3000, (850)245-2658. In lieu of obtaining an appraisal to establish the site’s fair market value, the grantee may use the assessed value of the project site supported by documentation of the current assessed value from the County Property Appraiser. Approved fair market or assessed land value not used by the grantee for a match on an approved project may be used as matching funds on a subsequent approved project within two years after the Secretary’s approval of the initial project, and the grantee need not obtain a new appraisal or documentation of land value. Such use is limited to one additional project.

3. Survey. For all projects, the grantee shall submit to the Department a survey of the project site. The survey must provide a legal description and sketch of the site’s boundaries, display known easements and encroachments, if any, be legally sufficient to identify the site, and must be signed and sealed by a professional surveyor and mapper licensed under provisions of Chapter 472, F.S. Along with the survey, the grantee shall submit a title opinion, prepared by a member of the Florida Bar or a licensed title insurer. The title opinion shall cover the prior thirty year period.

(d) Completion Documentation. Upon completion of the project and prior to release of the final payment, the grantee shall submit all documentation described in the Florida Recreation Development Assistance Program Project Development Completion Documentation Form, FPS-A036, effective 08/13/98, incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)245-2501.

(e) Inspections. The Department shall have the right to perform an on-site inspection of the project site to ensure compliance with the project agreement prior to release of the final grant payment.

History

• Rulemaking Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.058, Amended 8-13-98, 8-23-00, 7-5-01, 8-15-04.

Fla. Admin. Code R. 62D-5.059 Compliance Responsibilities

The following constitutes the general requirements for program compliance:

(1) SITE DEDICATION. Land owned by the grantee, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreational site for the use and benefit of the general public. Land under control other than by ownership of the grantee such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the project completion certificate. The dedications must be recorded in the public property records by the grantee.

(2) MANAGEMENT OF PROJECT SITES. Grantees shall ensure by site inspections that facilities on project sites developed with FRDAP funds are being operated and maintained for outdoor recreational purposes for a minimum period of twenty-five (25) years from the completion date set forth in the project completion certificate. All project sites shall be open at reasonable times and shall be managed in a safe and attractive manner.

(3) CONVERSION. Should a grantee, within the periods set forth in subsections 62D-5.059(1) and (2), F.A.C., convert all or part of the project site to other than public outdoor recreational uses, the grantee shall replace the area, facilities, resource or site at its own expense with project of comparable scope and quality.

(4) NON-COMPLIANCE. The Department shall terminate a project agreement and demand return of the program funds (including interest) for non-compliance by a grantee with the terms stated in the project agreement or this rule. If grantee fails to comply with the provisions of this part or the project agreement, the Department shall declare the grantee ineligible for further participation in FRDAP until such time as compliance has been obtained.

(5) PUBLIC ACCESSIBILITY. All facilities shall be accessible to the public on a non-exclusive basis, without regard to age, sex, race, religion, or ability level.

(6) ENTRANCE FEES. Reasonable differences in entrance fees for program projects may be maintained on the basis of residence. Such fees may only be charged if the grantee can clearly show that the difference in entrance fees reflects, and is substantially related to, all economic factors related to park management, and it is not simply related to the amount of tax dollars spent by the residents for the park; and that a definite burden on the grantee in park maintenance costs clearly justifies a higher fee for nonresidents.

(7) NATIVE PLANTINGS. In developing a project area with program funds, a grantee shall primarily use vegetation native to the area, except for lawn grasses.

(8) POST COMPLETION INSPECTIONS. Department staff shall have the right to perform an on-site inspection of program sites to ensure compliance with program requirements as stated in subsections (1), (2) and (3), of this section.

History

• Rulemaking Authority 375.075 FS. Law Implemented 375.075 FS. History–New 12-10-90, Formerly 16D-5.059, Amended 8-13-98, 8-15-04.

Fla. Admin. Code R. 62D-5.068 Purpose

The Federal Land and Water Conservation Fund (LWCF), established by the U.S. Congress upon enactment of the Land and Water Conservation Fund Act of 1965 (Public Law 88-578, 78 Statute 897, as amended), provides matching grants to the State of Florida, and through the State to governmental entities, for the acquisition and development of land for public outdoor recreation purposes. The National Park Service (NPS) and the Florida Department of Environmental Protection (Department) administer the program on behalf of the U.S. Department of the Interior and the State of Florida, respectively. After federal apportionment, NPS provides LWCF funds to the State of Florida and the Florida Legislature provides expenditure authority to the Department. The purpose of this Part is to set forth policies and procedures for the Department to implement the LWCF grant program. The Department is authorized to participate in the LWCF pursuant to subsection 375.021(4), F.S.

History

• Rulemaking Authority 258.007 FS. Law Implemented 258.004, 258.007, 375.021(4) FS. History–New 7-15-01.

Fla. Admin. Code R. 62D-5.069 Definitions

The basic terms utilized in this part are defined as follows.

(1) “Acquisition” means the act of obtaining real property or interests and rights therein by various legal means to serve public outdoor recreation purposes.

(2) “Applicant” means a local governmental entity which submits an application for Land and Water Conservation Fund (LWCF) funds to the Department during an announced application submission period.

(3) “Application” means a formal request for LWCF funds by an applicant consisting of a project proposal with required documentation.

(4) “Application Submission Period” means the period of time announced by the Department in the Florida Administrative Register for the submission of LWCF applications by local governmental entities for a single funding cycle.

(5) “Cash” means money paid by a grantee to purchase goods and services from private and independent sources for accomplishment of an approved LWCF project. In-kind service costs are not defined as cash.

(6) “Department” means the Florida Department of Environmental Protection.

(7) “Development” means the act of physically improving an area, facility, resource, or site to increase its ability or capacity to serve public outdoor recreation purposes.

(8) “Division” means the Division of Recreation and Parks of the Department.

(9) “Division of State Lands” means the Division of State Lands of the Department.

(10) “Evaluation Criteria” means the standards used by the Department to evaluate LWCF applications.

(11) “Facilities” means capital improvement projects which provide or assist in providing outdoor recreation opportunities.

(12) “Fiscal Year” means the State of Florida fiscal year, July 1 – June 30.

(13) “FRDAP” means the Florida Recreation Development Assistance Program administered pursuant to Chapter 62D-5, Part V, F.A.C.

(14) “Funding Cycle” means the interval of time between the opening of an LWCF application submission period and grant award by the National Park Service (NPS).

(15) “Grant” means program funds authorized by NPS for release to the State, and by the Secretary of the Department for release to a grantee, for implementation of an approved program project.

(16) “Grantee” means a local governmental entity receiving LWCF funds pursuant to an approved LWCF application.

(17) “In-Kind Service Costs” means in-house expenses incurred by a grantee for labor and materials and grantee-owned and maintained equipment for accomplishment of an approved LWCF project.

(18) “Land Value” means the current appraised value of donated land used by a grantee to match LWCF funds.

(19) “Linear Park” means an active or passive outdoor area of linear design that provides or connects recreation, park land, or open space areas.

(20) “Local Comprehensive Plan” means a plan adopted pursuant to Chapter 163, F.S.

(21) “LWCF” means the Land and Water Conservation Fund Program.

(22) “Manual” means the Land and Water Conservation Fund Program Grants Manual published by the National Park Service of the United States Department of the Interior, available from the Department, Bureau of Design and Recreation Services, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850)488-7896.

(23) “Match” means the provision of cash, in-kind services and value of donated real property in the ratio required to be added to LWCF funds by the grantee for the project cost.

(24) “Needs” means a deficiency in or a necessity to carry out a predetermined level of service.

(25) “New Construction” means building new facilities.

(26) “NPS” means the National Park Service of the United States Department of the Interior.

(27) “Open Space” means an outdoor area whose purpose is to provide a source of recreation and contributes to environmental harmony through the enrichment of flora, fauna and geological features.

(28) “Outdoor Recreation” means the pursuit of leisure activities in an outdoor environment.

(29) “Part” means Part VII of Chapter 62D-5, F.A.C.

(30) “Plan” means the currently effective state comprehensive outdoor recreation plan (“SCORP”) for the State of Florida, dated March 1994 and available from the Office of Park Planning, Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #525, Tallahassee, Florida 32399-3000, (850)245-3051.

(31) “Preagreement Expenses” means expenses incurred by the grantee, with Department approval, for accomplishment of an eligible LWCF project prior to execution of a project agreement.

(32) “Program” means the Land and Water Conservation Fund Program.

(33) “Program Amount” means the amount of LWCF funds available during any funding cycle.

(34) “Project” means a planned undertaking in which all actions or activities have a clear-cut identity and a well-defined common outdoor recreation objective and which has been planned to the point of definite implementation.

(35) “Project Agreement” means an executed contract between the Department and a grantee setting forth mutual obligations regarding an approved LWCF project.

(36) “Project Completion Date” means the date specified in a project agreement by which the grantee shall complete an approved LWCF project and incur all grant and match-related expenses. The project is not complete until it is open to the public for use.

(37) “Project Cost” means the total of the LWCF grant award and required match.

(38) “Project Element” means an identified segment of a project with related facilities or improvements.

(39) “Project Period” means the period of time set forth in a project agreement during which eligible project costs may be incurred and charged to the grant.

(40) “Project Site” means the specific area, defined by a survey or project boundary map and legal description, where LWCF funds are used for an approved project.

(41) “Real Property” means land and improvements attached to or affixed to the land.

(42) “Renovation/Repair” means the restoration of a facility or project area that has deteriorated due to natural causes to the point where its usefulness is impaired to an improved state suitable for public use. This does not include restoration of a facility which has deteriorated due to inadequate maintenance during its reasonable lifetime.

(43) “RTP” means Recreational Trails Program administered by the Office of Greenways and Trails of the Department pursuant to Chapter 62S-2, F.A.C.

(44) “Secretary” means the Secretary of Department.

(45) “Staff” means Division staff of Department.

(46) “State” means the State of Florida.

(47) “Waiver of Retroactivity” means written Department authorization that an acquisition project may be commenced by an applicant prior to NPS approval of a program application. Such authorization does not constitute or imply Department or NPS approval of a future LWCF application.

History

• Rulemaking Authority 258.007 FS. Law Implemented 258.004, 258.007, 375.021(4) FS. History–New 7-15-01.

Fla. Admin. Code R. 62D-5.070 General Requirements

The following constitute the general requirements for the program.

(1) DISTRIBUTION OF PROGRAM FUNDS. LWCF funds are distributed as grants by the Department on a matching, project-by-project basis, to approved applicants after a competitive evaluation of eligible program applications submitted within announced application submission periods. The Department’s performance and obligation to award program grants are contingent upon an annual apportionment from NPS and expenditure authorization by the Florida Legislature.

(2) MANUAL. The Department, applicants, and grantees shall meet all program requirements set forth in the Land and Water Conservation Fund Grants Manual. The manual is hereby incorporated by reference and is available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000.

(3) PLAN. All projects receiving grant assistance through LWCF shall implement the Plan.

(4) ELIGIBLE APPLICANTS. All local governmental entities with the legal responsibility for the provision of outdoor recreational sites and facilities for the use and benefit of the public may submit LWCF applications during the application submission period.

(5) PROJECT ELIGIBILITY. LWCF grants are awarded to grantees for projects that are for the sole purpose of providing outdoor recreation opportunities to the public. Applicants may request funds for the following types of projects:

(a) Acquisition. The acquisition of real property or interests and rights therein by various legal means.

(b) Development. Projects for the construction, expansion, renovation/repair or installation of the following:

1. Primary Facilities. LWCF funds are awarded for one or a combination of natural or man-made sites and facilities, such as: beach access improvements, fishing piers, boat ramps and docks, canoe trails, boardwalks and riverwalks, observation towers, baseball and softball fields, tennis and basketball courts, playgrounds, and hiking, interpretive, and bicycle trails. Enclosed buildings and structures are ineligible facilities. Primary facility cost must be equal to, or greater than, 50 percent of the total project cost.

2. Support Facilities and Improvements. LWCF funds can be awarded for support facilities and improvements, such as: parking lots, restrooms, bathhouses, combined restroom-concession stand buildings, access roads, landscaping, lighting, fencing, signs, and handicap ramps which would have little or no recreational value without the primary facilities. Enclosed buildings and structures, except for restrooms, bathhouses, and combined restroom-concession stand buildings are ineligible facilities.

(6) MATCH REQUIREMENTS. Match requirements for LWCF grant projects are set forth below:

(a) Matching Basis. LWCF assistance is provided on a 50 percent (program/grantee) matching basis.

(b) Eligible Match Types. A grantee may utilize the following types of match sources:

1. Development Project:

a. Cash,

b. In-kind service costs, or

c. Donated real property pursuant to this Part and the Manual.

2. Acquisition Project:

a. Cash, or

b. Real property donated pursuant to this Part and the Manual.

(c) Ineligible Match Types. Ineligible match sources include real property acquired or funds obtained from any of the following sources:

1. FRDAP, RTP, and LWCF funds,

2. Donated value of real property acquired prior to Department approval or through LWCF; and,

3. Other state or federal grant or land acquisition programs such as: legislative special interest projects, Save Our Coast Program, Preservation 2000, Florida Forever, Conservation and Recreation Lands Program, Save Our Rivers Program, and Land Acquisition Trust Fund. Funding sources identified in sections 640.1.7 and 670.1.5 of the Manual are eligible match types.

(7) GRANT AWARD. The Secretary shall approve applications to the extent of available program funds, based on a review of the recommended application priority lists established pursuant to subsections 62D-5.070(8) and (9), F.A.C., of this part.

(8) PROGRAM AMOUNT ALLOCATION. The program amount shall be divided into two categories: acquisition and development. The acquisition category will be assigned the first 25 percent of the program amount. The remaining program amount will be assigned to the acquisition and development categories based on the percentage of funds requested in each category in relationship to the total amount of requested funds in all eligible program applications.

(9) RECOMMENDED APPLICATION PRIORITY LISTS. All eligible applications shall be divided into acquisition and development categories and evaluated according to Rule 62D-5.072, F.A.C., of this part. A total point score shall be assigned to each application. Department staff shall prepare two priority lists according to the type of category: acquisition and development. Applications shall be ranked on the priority lists according to assigned point scores. The application with the highest score will receive the highest priority. The remaining applications will be arranged in descending order according to their assigned point scores. The priority lists shall rank all eligible applications and include recommendations for distribution of available program funds. In the event there are insufficient applications to account for all program funds assigned to one category, the remaining funds may be applied to the other category.

(10) SITE CONTROL. The site of an LWCF development project shall be owned by the applicant, or shall be under lease to the applicant from another public agency for a period of time sufficient to satisfy the dedication period required by this rule. Other forms of real property interest will be considered if the applicant provides clear and explicit documentation showing that it has the sole ability to control, manage, and dedicate the park for the required period of time; and that such interest cannot be unilaterally or arbitrarily canceled by the grantor of the interest. Eligible sites shall not include school board property. Eligible sites shall be dedicated or managed for public outdoor recreational use pursuant to Rule 62D-5.074, F.A.C., of this part.

(11) RETROACTIVE PROJECTS. Land acquired for public outdoor recreation purposes prior to the date of project approval by NPS shall be eligible for LWCF consideration if the applicant obtains a waiver of retroactivity from Department staff before entering into formal negotiations to acquire the property. Prior to undertaking such negotiations, an applicant shall contact Department staff at Bureau of Design and Recreation Services, Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station 585, Tallahassee, Florida 32399-3000, (850)488-7896, for forms and instructions.

(12) HANDICAPPED ACCESSIBILITY. Grantee must comply with Sections 553.501-.513, F.S., and the Uniform Federal Accessibility Standards. These standards are incorporated by reference and may be obtained from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.

(13) PUBLIC ACCESSIBILITY. Program projects must be accessible to the public on a non-exclusive basis without regard to age, sex, race, religion, marital status, disability, or ethnic group.

(14) ENTRANCE FEES. Reasonable differences in admission fees on the basis of residence for program projects are permitted if they comply with section 675.9.2.B of the Manual.

(15) FEDERAL COMPLIANCE AND ASSURANCES. LWCF applicants and approved grantees shall comply with all federal laws, rules, and regulations pursuant to sections 650.1 and 660.3 of the Manual.

(16) NATIVE PLANTINGS. In developing a project site with program funds, a grantee shall use only vegetation native to the area except for lawn grasses.

(17) UNSETTLED CLAIMS. The Department shall deny or suspend program eligibility or withhold grant funds to any applicant or grantee against which the Department has an unsettled financial claim.

History

• Rulemaking Authority 258.007 FS. Law implemented 258.004, 258.007, 375.021(4) FS. History–New 7-15-01.

Fla. Admin. Code R. 62D-5.071 Application Requirements And Processing

The following constitute the general requirements and procedures for application submittal and processing.

(1) APPLICATION SUBMISSION PERIOD. The Department shall accept program applications only during the application submission period. Applications shall be postmarked or received on or before the last day of the application submission period. The Department shall publicize the dates of the application submission period and other pertinent application information specified in this rule in the Florida Administrative Register. The Department shall announce additional application submission periods if sufficient funds remain after the initial funding cycle.

(2) MAXIMUM REQUEST. The Department shall announce the maximum funds that an applicant may request in a LWCF application when publicizing the establishment of an application submission period. The amount will depend on the level of federal funding available.

(3) NUMBER OF APPLICATIONS. An applicant may submit only one application during each announced application submission period. The application may contain no more than one project site except for sandy beach access sites.

(4) DUPLICATE PROJECTS. A grantee shall not apply for LWCF funds to complete an approved project funded by LWCF, FRDAP, RTP, or other sources such as those identified in paragraph 62D-5.070(6)(c), F.A.C., of this Part. An applicant shall not submit the same application, in whole or in part, under LWCF, RTP, or FRDAP in concurrent or overlapping funding cycles.

(5) ACTIVE PROJECTS. A grantee with two incomplete LWCF projects by the closing date of the announced application submission period shall not be allowed to apply for additional program funds.

(6) OUTDOOR RECREATION. LWCF grants shall only be awarded to grantees for projects that are for the sole purpose of providing outdoor recreational opportunities to the public.

(7) APPLICATION FORMS. The Land and Water Conservation Fund Program Application Form, FPS-A047, 7-15-01, is hereby incorporated by reference and is available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.

(8) ELIGIBILITY DETERMINATION. Following closure of an application submission period, staff will review and determine the eligibility based on the following:

(a) Deficiency Documentation. The applicant may retain eligibility by submitting documentation missing from the application, such as: proof that applicant had site control by the submission period deadline, evaluation criteria, cost estimate, site development plan, or survey. This documentation must be submitted within 15 working days from date of deficiency notification.

(b) Ineligibility. An application, in whole or in part, may be declared ineligible by the Department pursuant to subsections 62D-5.070(10) and 62D.5.071(3)-(6), F.A.C., of this part. The Department may determine that a project site or facility is not viable or practical. A project site would not be considered practical if it has documented and unresolved environmental violations on the site.

(c) Application Evaluation. Each eligible application shall be evaluated on the basis of the information provided in the application and in accordance with Rule 62D-5.072, F.A.C., of this part. Each shall be assigned a total point score pursuant to subsection 62D-5.070(9), F.A.C., of this part.

(9) PROJECT DOCUMENTATION. Following Secretary approval of the priority list of applications, the grantees shall submit to the Department the documentation described in the Land and Water Conservation Fund Program Approved Project Documentation Form, FPS-A048, 7-15-01, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399- 3000, (850)488-7896. This documentation must be submitted in order for Department to apply for federal grant funds pursuant to Rule 62D-5.068, F.A.C., of this part.

(a) Appraisal. Prior to the Department staff authorizing the grantee to commence acquisition procedures for acquisition projects and projects where the seller is donating real property as all or part of the grantee’s matching funds, the grantee shall submit to the Department an appraisal(s) obtained at its own expense, prepared in accordance with uniform appraisal standards for federal land acquisitions, which establishes the fair market value of the project site. The fair market value of the project site shall be based on its highest and best use. If the property is $500,000.00 or less in appraised value, one appraisal is required. If the property exceeds $500,000.00 in appraised value, a second appraisal is required. The appraisal(s) shall be dated no earlier than six months prior to the closing date of the LWCF application submission period and prepared by an appraiser on the list of approved appraisers maintained by the Department’s Division of State Lands under provisions of paragraphs 253.025(6)(b), 259.041(7)(c), F.S., and Rule 18-1.007, F.A.C. The list of approved appraisers may be obtained from the Division of State Lands, Bureau of Appraisal, 3900 Commonwealth Boulevard, Mail Station #110, Tallahassee, Florida 32399-3000, (850)245-2669. The Bureau of Appraisal shall approve the appraisals prior to submittal of the State application by the Department to NPS. The project cost is based on the purchase price or appraised value, whichever is lower. If two appraisals are required for the project, the lower of the purchase price or the approved appraised values is the basis of the project cost. Appraisal costs are ineligible project costs.

(b) Survey or Boundary Map. The grantee shall submit project site boundary information to the Department as follows:

1. Acquisition Project. The grantee shall submit a survey of the project site. The survey shall include a legal description of the property, be updated to within one year of the closure date of the application submission period and be prepared by a Florida registered land surveyor and mapper. Along with the survey, the grantee shall submit the results of a title search for the project area. The search shall cover the thirty-year period prior to the Secretary’s approval of the project list. Survey and title search expenses are ineligible project costs.

2. Development Project. The grantee shall submit a boundary map of the project site pursuant to section 660.2.6 of the Manual.

(10) APPLICATION EVALUATION. All eligible project applications will be reviewed on the basis of information provided in the applications in accordance with Rule 62D-5.072, F.A.C., of this part.

(11) UNFUNDED AND INELIGIBLE APPLICATIONS. Any unfunded or ineligible application may be returned to the applicant upon request. If no request is made within 30 days after notification of grant awards, unfunded applications shall be discarded by staff.

History

• Rulemaking Authority 258.007 FS. Law implemented 258.004, 258.007, 375.021(4), FS. History–New 7-15-01.

Fla. Admin. Code R. 62D-5.072 Evaluation Criteria

In addition to provisions set forth in this part, an eligible application’s standing among competing eligible applications shall be determined by the extent to which it is determined to meet the criteria set forth in this section. Pursuant to subsection 62D-5.070(9), F.A.C., a total point score shall be assigned to each application after an evaluation according to the general criteria and, depending upon the type of project, either the acquisition or development criteria.

(1) GENERAL CRITERIA. Points shall be awarded as follows.

(a) The project implements the applicant’s adopted local comprehensive plan and: is included in their capital improvement plan or schedule (CIP) during the current or next three fiscal year:

20 points

or

is included as part of the plan through an adopted resolution committing the applicant to amend its CIP and complete the project should it receive program funds:

10 points

(b) The extent to which the project would implement the outdoor recreation goals, objectives and priorities specified in the Plan:

4 points

(c) The extent to which the project would provide for priority resource or facility needs in the region as specified in the Plan:

7 points

(d) The project has been considered in the applicant’s public participation process:

21 maximum points

Points shall be awarded as follows:

1. Presentation at an advertised public meeting solely for the discussion of the proposed project:

10 points

2. Presentation at a regularly scheduled advisory board meeting:

7 points

3. Presentation to community organizations, neighborhood associations, or taking of an opinion survey:

4 points

(e) The project is for a linear park purpose:

13 points

the site has been verified in writing by the Florida Department of State, Division of Historical Resources:

7 points

(g) The applicant has the capability to develop, operate and maintain the project:

8 maximum points

Points shall be awarded as follows:

1. Has a full-time recreation or park department staffed to provide facility development, programming, and maintenance capabilities:

8 points

2. Has demonstrated the existence of a full-time ability to provide facility development, programming, and maintenance capabilities:

4 points

(2) DEVELOPMENT CRITERIA. Points shall be awarded as follows.

(a) The project provides for new development of entirely undeveloped property:

5 points

(b) The project provides new or additional recreation facilities and opportunities:

1. 3 or more facilities or opportunities:

15 points

2. 2 facilities or opportunities:

10 points

3. 1 facility or opportunity:

5 points

(c) The project provides renovation of existing recreation facilities:

1. 3 or more facilities:

13 points

2. 2 facilities:

9 points

3. 1 facility:

4 points

(d) The project provides new or renovated support facilities and improvement to existing recreation areas:

15 points

(e) The project provides developed pedestrian access to or along water resources, such as trails, boardwalks, or dune walkovers:

7 points

(f) The project provides facilities for recreational use of water resources, such as boat ramps, swimming docks, or fishing piers:

12 points

(g) The project provides a facility identified in the priority of new facilities needs or renovation/repair needs within the applicant’s population density set forth in the current study entitled “An Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida,” effective December 1995 (Infrastructure Assessment), hereby incorporated by reference and available from the Departments Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896:

12 points

(h) The project addresses the priority of infrastructure funding needs set forth in the applicant’s population density in the current study entitled “An Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida” identified in paragraph (g), above.

1. Higher priority in Infrastructure Assessment or combination of new construction and renovation/ repairs:

13 points

2. Lower priority in Infrastructure Assessment:

8 points

(3) ACQUISITION CRITERIA. Points shall be awarded as follows:

(a) The Project assists in conserving and protecting environmentally unique, irreplaceable and valued ecological resources such as flora, fauna, natural communities, or other special features identified in the Florida Natural Areas Inventory, incorporated by reference and available from Florida Natural Areas Inventory, 1018 Thomasville Road, Suite 200-C, Tallahassee, Florida 32303, (850) 224-8207:

13 points

(b) The project provides frontage on wetlands or water bodies such as rivers, lakes, or oceans:

6 points

(c) The project provides for development of facilities identified in the top three priority ranked index clusters of outdoor facilities needs for new construction identified within the applicant’s population density set forth in the Department’s study entitled “Infrastructure Assessment of Local Government Recreation and Park Department Facility Needs in the State of Florida” identified in paragraph (2)(g), above:

15 points

(d) The project provides the following pursuant to the applicant’s adopted local comprehensive plan:

23 maximum points

Points shall be awarded as follows.

1. Needed acreage:

15 points

2. Needed distribution of acreage:

8 points

(e) The applicant has:

1. Identified development of the property in their capital improvement plan or schedule (CIP) during the current or next three fiscal years:

6 points

or

2. The applicant has included development of the property as part of the plan through an adopted resolution committing the applicant to amend its CIP and develop the property should it receive program funds:

3 points

(4) TIE BREAKER SYSTEM. If two or more applications receive the same score as a result of the above evaluation, the following tie breaker system will be used to decide the priority ranking among them. Tied applicants will be evaluated according to each step of the tie-breaker system in order and will be assigned their priority accordingly. If Step 1 does not break the tie, Step 2 shall be used.

(a) Step 1 – Funding History. An order of priority among those applications with equal scores shall be established based on the per capita amount of funds previously received by the applicant from LWCF during the previous five funding years. The application from the applicant having the lowest per capita amount of funds receives the highest priority. Other applications will be arranged in descending order inversely to their applicants’ per capita amount of funds received. The resident population within the applicant’s jurisdictional boundaries shall be utilized to compute the applicant’s per capita amount of funds received.

(b) Step 2 – Per Capita Operating Budget. The applicant with the lowest per capita expenditure of general operating funds receives the highest priority. The resident population within the applicant’s jurisdictional boundaries will be divided into the applicant’s total general operating budget for the applicant’s current fiscal year to obtain the per capita operating fund amount.

History

• Rulemaking Authority 258.007 FS. Law implemented 258.004, 258.007, 375.021(4) FS. History–New 7-15-01.

Fla. Admin. Code R. 62D-5.073 Grant Administration

The following constitute procedures for administration of program grants.

(1) PROJECT AGREEMENT. After approval of the funding list by the Secretary and execution of the NPS and State project agreement, the Department and grantee shall enter into a project agreement which sets forth the responsibilities and duties of each regarding administration of the approved project, which shall be based on the Manual, this Part, and the Project’s particular needs.

(2) PAYMENT BASIS. Grantees are paid approved program funds by the Department subject to the following conditions:

(a) Project Costs. Payment of project costs are made if eligible as provided for in the Manual, this Part and the project agreement. Costs shall be incurred between the effective date of, and the project completion date identified in, the project agreement, except for preagreement costs as stated in the project agreement. If the total cost of the project exceeds the grant and required match, the grantee must pay the additional cost.

(b) Costs Limits. Project planning expenses for development projects such as architectural and engineering costs, permitting fees, and project inspection fees are eligible project costs, provided that such costs do not exceed 15 percent of the project cost. Such costs shall only be incurred between the effective date of, and the project completion date identified in, the project agreement.

(c) Retention. For development projects, the Department shall retain 10 percent of the grant award until the grantee completes the project and staff approves the completion documentation set forth in subparagraph 62D-5.073(7)(e)2., F.A.C., of this part.

(3) ACCOUNTABILITY. The following procedures shall govern the accountability of program funds:

(a) Accounting System: Each grantee is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining financial records to properly account for all program and matching funds.

(b) Grant Accountability Procedure. The grantee shall also meet the requirements of the Division’s Grant Accountability Procedure, effective January 23, 1997, incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.

(4) REVERTED PROJECT FUNDS. If any funds awarded during a funding cycle are not used and become available before termination of the federal fiscal year for which appropriated, the Department may apply the funds in priority order to unfunded program applications remaining on the current priority lists.

(5) PROJECT COMPLETION CERTIFICATION. The grantee shall submit to the Department a Project Completion Certificate, FPS-A049, 7-15-01, available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.

(6) ACQUISITION PROJECTS. The following constitute the specific procedures for administration of acquisition projects:

(a) Grant Period. The grantee shall have up to one year from the effective date of the project agreement to complete the project, unless extended by the Department staff for good cause, such as financial hardship, public controversy, or factors beyond the grantee’s control, upon written request of the grantee.

(b) Ownership. Title to land acquired with program funds shall vest in the grantee.

(c) Procurement. The grantee shall purchase the property according to sections 640.1.2 and .3; 650.4 and .7; 670.1 and .3; and 675.2 of the Manual.

(d) Assumption of Title. The grantee may not purchase the property acquired with LWCF funds until the project agreement is fully executed and Department staff approves the commencement documentation required by paragraph 62D-5.073(6)(g), F.A.C., unless otherwise specified in this part.

(e) Total Grant Award. The total grant payment is based on the project cost, negotiated purchase price, or approved appraised value, whichever is lowest. If the negotiated purchase price or approved appraised value is greater than the project cost, the grantee must pay the additional cost.

(f) Site Development. The grantee shall have up to three years from completion date set forth in the project completion certificate to develop the property unless extended by staff for good cause, such as financial hardship, public controversy, material shortage, unfavorable weather conditions, or factors beyond the grantee’s control, upon written request of the grantee.

(g) Commencement Documentation. Prior to commencement of acquisition procedures, the grantee shall submit for Department staff approval the documentation described in the Land and Water Conservation Fund Program Required Project Commencement Documentation Form, FPS-A050, 7-15-01, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.

(h) Completion Documentation. After completion of acquisition procedures and prior to final reimbursement, the grantee shall submit for Department staff approval the documentation described in the Land and Water Conservation Fund Program Required Project Completion Documentation Form, FPS-A051, 7-15-01, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.

(7) DEVELOPMENT PROJECTS. The following constitutes the specific procedures for administration of development projects:

(a) Grant Period. The grantee shall have up to three years from the effective date of the project agreement to complete the project, unless extended by Department staff for good cause, such as financial hardship, public controversy, material shortage, unfavorable weather conditions, or factors beyond the grantee’s control, upon written request of the grantee.

(b) Procurement of Goods and Services. The grantee shall secure all goods and services for accomplishment of the project according to its adopted procurement procedures and applicable federal requirements identified in section 675.3 of the Manual.

(c) Contracting Requirement. Any contractor awarded a contract for construction of facilities under the grant must be bonded and insured pursuant to section 675.3 of the Manual.

(d) Inspections. Department staff shall perform an on-site inspection of the project site to ensure compliance with the project agreement prior to release of the final grant payment.

(e) Commencement Documentation. Prior to commencement of the project, the grantee shall submit for Department staff approval the documentation described in the Land and Water Conservation Fund Program Required Project Commencement Documentation Form, FPS-A050, 7-15-01, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.

1. Permitting Certification. The grantee shall submit to the Department a Land and Water Conservation Program Project Permitting Certification, FPS-A052, 7-15-01, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.

2. Completion Documentation. Upon completion of the project and prior to release of the final payment, the grantee shall submit for Department staff approval the documentation described in the Land and Water Conservation Fund Program Required Project Completion Documentation Form, FPS-A051, 7-15-01, hereby incorporated by reference and available from the Department’s Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000, (850)488-7896.

History

• Rulemaking Authority 258.007 FS. Law implemented 258.004, 258.007, 375.021(4) FS. History–New 7-15-01.

Fla. Admin. Code R. 62D-5.074 Compliance Responsibilities

Subsections 62D-5.070(12)-(16), F.A.C., and the following constitute the general requirements for program compliance.

(1) SITE DEDICATION. Land owned by the grantee, which is developed or acquired with LWCF funds, shall be dedicated in perpetuity as an outdoor recreation site for the use and benefit of the public. Land which is leased from the federal government or another public agency by grantee must include safeguards to ensure the perpetual use requirement contained in the Land and Water Conservation Fund Act. Safeguards include such things as joint sponsorship of the project or an agreement between the parties that the lessor would assume compliance responsibility for the project site in the event of default by the lessee (grantee) or termination or expiration of the lease. These dedications must be recorded in the county’s public property records by the grantee.

(2) MANAGEMENT OF PROJECT SITES. Grantees shall ensure by site inspections that the property acquired or developed with LWCF are being operated and maintained for outdoor recreation purposes. All projects shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Facilities shall be kept in reasonable repair for a minimum of 25 years from the date set forth on the project completion certificate to prevent undue deterioration.

(3) CONVERSION. Should a grantee, within the period of dedication, convert all or part of the project site to other than public outdoor recreational uses, the grantee shall replace the area, facilities, resource or site at its own expense with an acceptable project of comparable or greater value, scope and quality pursuant to section 675.9.3 of the Manual.

(4) NON-COMPLIANCE. Before a project is closed, the Department and the NPS shall have the right to terminate a project agreement and demand return of the program funds for non-compliance by a grantee. Failure by a grantee to comply with the provisions of this Part or the project agreement will result in the Department declaring the grantee ineligible for further participation in LWCF until such time as compliance has been obtained as determined by the Department under this rule and the Manual.

(5) INSPECTIONS. Department staff shall periodically inspect program projects to ensure compliance with subsections (1), (2), and (3), of this rule, and section 675.9 of the Manual.

History

• Rulemaking Authority 258.007 FS. Law implemented 258.004, 258.007, 375.021(4) FS. History–New 7-15-01.

Chapter 62D-15 MYAKKA RIVER WILD AND SCENIC RIVER RULE

Fla. Admin. Code R. 62D-15.002 Definitions

(1) “Act” means the Myakka River Wild and Scenic Designation and Preservation Act.

(2) “Activity” means the doing of any act or the failing to do any act by a person.

(3) “Adverse impact” means the permanent, long-term or significant degradation, impairment, or loss of resource values in the river area caused by the conduct of activities, practices, or land uses.

(4) “Coordinating Council” means the Myakka River Management Coordinating Council created by Section 258.501(7), F.S.

(5) “Department” means the Department of Environmental Protection.

(6) “Division” means the Division of Recreation and Parks of the Department of Environmental Protection.

(7) “Dock” means a fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels, either temporarily or indefinitely, or used as structures for participating in recreational activities.

(8) “Dredging” means the excavating of materials, by any method, in the river area.

(9) “Executive Director” means the Executive Director of the Department of Environmental Protection.

(10) “Filling” is the deposition, by any means, of materials in the river area.

(11) “Government agency” means all federal and state agencies, the Southwest Florida Water Management District, and local governments.

(12) “Idle speed/no-wake” means a watercraft speed not greater than that speed which is necessary to maintain steerageway.

(13) “Impacted areas” means portions of the river area that have been disturbed prior to the effective date of this rule by the placement of manmade structures or conduct of activities.

(14) “Marina” means a commercial docking facility that provides facilities for mooring or storage of watercraft, or making watercraft available for use, for revenue generating purposes.

(15) “Maximum upland extent of wetlands vegetation” means for purposes of determining the extent of the department’s permitting jurisdiction, those areas defined by the Department of Environmental Protection as “wetlands” pursuant to Section 373.019, F.S., and is determined as specified in Sections 373.421 and 373.4211, F.S., and Rule 62-340, F.A.C., as of April, 1990, except that the term shall not include tributaries of the Myakka River, and shall not include isolated wetlands.

(16) “Myakka Wild and Scenic River Management Plan” or “Plan” means the plan described in Section 258.501(5), F.S., as developed by the department and the Coordinating Council and as accepted on May 22, 1990 by the Governor and Cabinet sitting as head of the Department of Natural Resources.

(17) “Native vegetation” means a plant which is indigenous to the river area.

(18) “Nuisance species” means any species of flora or fauna whose noxious characteristics or presence in sufficient number, biomass, or areal extent that prevents, or interferes with, uses or management of resources, and which are native or naturalized in the area where it occurs.

(19) “Person” means an individual, corporation, governmental agency or institution thereof, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or other legal entity.

(20) “Pollutant” means any substance, contaminant, noise, or artificial condition which is or may be potentially harmful or injurious to human health and welfare, animal or plant life, or property, or which interferes with the enjoyment of life, or property, or outdoor recreation.

(21) “Preempted area” means the portion of the river area occupied by a dock or docks or other structures, the area between the docks or other structures and including any mooring pilings, and the area between the docks or other structures and the shoreline.

(22) “Private multi-family docking facility” means a docking facility located on or adjacent to upland property having riparian access that is or will be developed to accommodate multiple living units. The term is applied only in reference to residential subdivisions and yacht clubs whose owners or members have real property interest in the upland property having riparian access.

(23) “Public interest” means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and economic impacts of the proposed action.

(24) “Public utility” means the utilities defined in Section 366.02(1), F.S.

(25) “Renovation” means activities undertaken to restore a structure when 50 percent or more of the materials or construction have been damaged or destroyed, or if use of the structure has been discontinued and 50 percent or more of the structure must be replaced in order to make it functional for its intended purpose or safely useable.

(26) “Repair” means activities undertaken to maintain structures in a safely useable and functional condition which result in the repaired structure being within the same footprint and of the same dimensions as the original structure.

(27) “Resource value” means any one or more of the specific economic, scenic, recreational, geologic, fish and wildlife, historic, cultural, or ecological features associated with the river area as determined by the Coordinating Council and as set forth in the Myakka Wild and Scenic River Management Plan.

(28) “River area” means that corridor of land beneath and surrounding the Myakka River from river mile 7.5 to river mile 41.5, together with a corridor including the maximum upland extent of wetlands vegetation which is or will be delineated by the Department of Environmental Protection pursuant to its authority under Chapter 403, F.S., and Chapter 62-340, F.A.C.

(29) “Shore protection structure” means a type of construction designed to minimize erosion. Such construction includes any work or activity which is likely to have an effect on existing conditions or natural shore or riverbank processes.

(30) “Slow/minimum wake” means a speed such that watercraft must not be on a plane, must be level in the water, and not be operating at a speed greater than that which is reasonable and prudent to avoid an excessive wake or condition under the existing circumstances as specified in Rule 62D-15.012, F.A.C.

(31) “Structure” means something built, erected, assembled or installed, or the arrangement of natural or artificial materials in an ordered scheme.

(32) “Tributary” means a stream or watercourse whether natural or artificial which flows into the Myakka River, directly or indirectly, continuously or intermittently.

(33) “Unimpacted areas” means portions of the river area largely in their natural state not disturbed prior to the effective date of this rule by land uses, activities, practices, or the placement of manmade structures except those structures that have been permitted or are exempt under these rules.

(34) “Vessel” means any type of boat or floating craft and includes watercraft.

(35) “Watercraft” means any type of boat or floating craft which is propelled or powered by an engine or motor.

(36) “Water-dependent activity” means an activity which can only be conducted on, in, over, or adjacent to, water areas because the activity requires primary and direct access to the water body for transportation, recreation, energy production or transmission, or that uses the river as a source of water and where the use of the water is an integral part of the activity.

History

• Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.002.

Fla. Admin. Code R. 62D-15.003 Statement of Purpose and Applicability

(1) The purpose of this chapter is to implement a regulatory program which includes a permit program to protect and enhance the resource values as identified in the Myakka Wild and Scenic River Management Plan as adopted by the Governor and Cabinet on May 22, 1990, which is hereby incorporated by reference. Copies of the Plan may be obtained by writing to the Bureau Chief, District 4 Administration, Division of Recreation and Parks, 1843 South Tamiami Trail, Osprey, Florida 34229, or contacting the Bureau Chief at (941)483-5944.

(2) The rules governing prohibitions, permits, and exemptions, as set forth in this part apply to any activity as further delineated in Rules 62D-15.005, 62D-15.006, and 62D-15.007, F.A.C., within the river area, which will adversely impact resource values in the river area.

(3) Standards for the issuance or denial of permits for the conduct of activities and practices, and construction of structures are provided.

History

• Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.003.

Fla. Admin. Code R. 62D-15.004 Delineation of Regulatory Responsibilities and Jurisdiction

(1) The conduct of any activity by a person within the river area which will have an adverse impact on any resource values in the river area shall be regulated by the department.

(2) The “maximum upland extent of wetlands vegetation” for purposes of determining the landward boundary of the river area, is defined by a corridor which shall be determined pursuant to the methodology set forth in Sections 373.421 and 373.4211, F.S., and Chapter 62-340, F.A.C., for determining the “landward extent of surface waters of the State,” but shall not include tributaries of the Myakka River or isolated wetlands. Existing wetland jurisdictional determinations or validations on specific parcels by the Department of Environmental Protection established, under its authority to delineate wetlands, in accordance with Chapter 62-340, F.A.C., are effective and enforceable for the purposes of defining the maximum upland extent of wetlands vegetation. The boundary of the river area where it crosses a tributary shall be the shortest and most direct continuation of the line demarcating the maximum upland extent of vegetation of the river area on either side of the tributary.

History

• Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.004.

Fla. Admin. Code R. 62D-15.005 Prohibitions

The activities in this rule, conducted by a person, are presumed to have adverse impacts on resource values in the river area and will be prohibited unless otherwise provided by law. However, persons may submit permit applications in accordance with Rules 62D-15.006, 62D-15.009 and 62D-15.011, F.A.C., for the following prohibited activities, with required non-refundable fees, for review and consideration of applications by the department as specified under Rules 62D-15.006 and 62D-15.008, F.A.C.:

(1) Discharging, through a pipe, ditch or similar conveyance, pollutants, including but not limited to domestic and industrial wastes or effluents, or untreated stormwater;

(2) Removing or cutting native vegetation except as a function of an activity permitted under Rule 62D-15.006, F.A.C., or that has received a Myakka River Permit prior to the effective date of this rule, and except for the minimum required to provide riparian ingress and egress necessary for docking, boating, bathing and fishing access;

(3) Constructing, in unimpacted areas, new road or bridge crossings, or utility crossings except crossings by public utilities as that term is defined in Section 366.02(1), F.S., and those crossings that would not adversely impact resource values;

(4) Excavating minerals or drilling for gas or oil;

(5) Constructing, erecting, or installing any form of structure not related to a water-dependent activity;

(6) Constructing roads or utilities, except for facilities of public utilities as that term is defined in Section 366.02(1), F.S., to islands where such access did not previously exist;

(7) Operating airboats north (upstream) of U.S. Highway 41, except for uses officially allowed by governmental agencies;

(8) Constructing new marinas;

(9) Engaging in any other activity or practice which adversely impacts resource values in the river area, and for which no permit has been obtained under Rule 62D-15.006, F.A.C.;

(10) Nothing in this rule shall be construed to prohibit or limit public utilities from improving, maintaining, modifying, or expanding existing facilities or constructing new facilities in the river area or the wild and scenic protection zone, provided the necessary federal, state, and local permits and licenses are obtained.

History

• Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.005.

Fla. Admin. Code R. 62D-15.006 Permits

(1) A Myakka River permit is required from the department before a person may engage in certain activities. An application form titled, State of Florida Joint Application for Permit, DEP FORM 62-312.900(1), November 30, 1982, which is incorporated by reference, may be obtained from and submitted to: Florida Department of Environmental Protection, South District Office, Post Office Box 2549, Fort Myers, Florida 33902-2549, or by electronic mail to SD_ERP_Permit@dep.state.fl.us.

(2) Activities, structures or practices for which permit applications must be submitted for review include any of the following within the river area:

(a) Dredging or filling;

(b) Creating, repairing, or maintaining shore protection structures;

(c) Maintaining existing navigational channels and aids to navigation or installing new aids to navigation;

(d) Constructing, installing, expanding, or renovating marinas, landings, boat ramps, docks, mooring buoys, pilings, dolphins, decks, or piers;

(e) Renovating, replacing, or expanding facilities required for utilities, bridges, or roads;

(f) Removing or cutting native vegetation only for riparian ingress and egress necessary for docking, boating, bathing and fishing access;

(g) Relocation or setting of bulkhead lines waterward of mean high water;

(h) Engaging in agricultural and forestry practices and activities not conducted prior to the effective date of the rule within the river area on the subject site;

(i) Engaging in water resource management practices not conducted prior to the effective date of this rule including constructing stormwater management systems as that term is defined in Section 373.403, F.S., or other drainage discharges, except that the water management district, under emergency conditions, may submit an application after-the-fact;

(j) Constructing or creating after the effective date of this rule utility, bridge or road crossings in impacted areas, or utility crossings in unimpacted areas;

(k) Constructing, erecting, installing any form of structure related to a water-dependent activity, or any other structures in the river area;

(l) Replacing or reconstructing any damaged or destroyed exempted structure, land use or activity;

(m) Establishing recreational facilities on publicly owned portions of the river area; and,

(n) Any other activity not subject to Rule 62D-15.006, F.A.C., conducted or proposed to be conducted after the effective date of this rule within the river area which adversely impacts resource values in the river area.

(3) The existence of provisions for exemptions or permits under other rules of the department or of other government agencies does not eliminate the requirement for a Myakka River permit for an activity in the river area. Exemptions from, or the issuance of permits under, this rule may not relieve persons from complying with requirements for permits under other department or government agency rules.

(4) The department shall not deny a permit to a public utility if the public utility has provided a letter with supporting documentation that demonstrates that it is not feasible or practicable to meet all applicable criteria of Rule 62D-15, F.A.C.

History

• Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.006.

Fla. Admin. Code R. 62D-15.007 Exemptions

(1) Activities that have not been prohibited, or subject to permit review may be conducted within the river area without a Myakka River permit unless the activities will have adverse impacts on resource values in the river area. If there is evidence produced or observed by department staff based on standards and factors specified in Rule 62D-15.008, F.A.C., that an activity, subject to this paragraph adversely impacts resource values, the department will notify the appropriate persons conducting the activity, that they must submit a permit application within 14 days to the department. For exempted activities submitted for permit review that were conducted prior to the effective date of this rule, the department shall approve these activities with or without conditions based on standards and factors specified in Rule 62D-15.008, F.A.C. Activities subject to this paragraph conducted after the effective date of this rule, must be submitted for permit review as specified in Rules 62D-15.008 and 62D-15.009 F.A.C. The department will approve with or without conditions, or deny the activity pursuant to Rules 62D-15.008 and 62D-15.009, F.A.C., and procedures set forth in Section 120.60, F.S., governing licensure. Applications to conduct exempted activities or to replace damaged structures, under this section, in existence prior to the effective date of this rule will not be subject to permit application fees under Rule 62D-15.011, F.A.C.

(2) In the event that an exempted structure in existence prior to the effective date of this rule is damaged or destroyed by 50 percent or more of materials or construction, and is no longer suitable to safely serve its intended purpose, the person owning or operating such structure, in order to re-establish the structure, must submit a permit application for review and approval as specified under Rules 62D-15.008, and 62D-15.009, F.A.C. The department shall review, and approve the application with or without conditions, as specified in Rules 62D-15.008, and 62D-15.009, F.A.C., for reestablishment of the damaged structure.

(3) The following activities may be conducted by persons without having submitted a permit application unless the activity will adversely impact resource values as evidenced or observed by department staff under this section, subsection (1):

(a) Commercial fishing;

(b) Maintenance or repair, but not including expanding, remodeling or renovation, of existing structures;

(c) Continuation of yard maintenance activities such as mowing, trimming or pruning of vegetation only to prevent or minimize potential damage to existing structures or for the continuation of activities which had been conducted prior to the effective date of this rule;

(d) Structures, land uses and water-dependent activities on public and private lands in existence at the effective date of this rule within the river area, including but not limited to docks and associated mooring pilings, boat ramps, shore protection structures, fences, other structures;

(e) Continuation of existing agricultural and forestry practices or activities similar in nature to those existing on the site, within the river area, at the effective date of this rule;

(f) Continuation of existing drainage and water management practices, including but not limited to, repair or maintenance of impoundments, dams, diversions, pumping operations, swales, ditches, pipes, or canals;

(g) Resource management practices of government agencies including but not limited to, prescribed burning or exotic and nuisance species control, for the protection, conservation, rehabilitation, or restoration of resource values;

(h) Installation of devices for measuring water quality, water quantity, hydrologic conditions, or other ecological conditions by governmental agencies, private not-for-profit research organizations, and persons who are required to install such devices as a requirement of obtaining a permit from a governmental agency;

(i) Continuation of existing facilities and easements for utilities and roads, including repair and maintenance, but not including increasing the size of easements or structures of such facilities which shall be subject to Rules 62D-15.006 and 62D-15.008, F.A.C.;

(j) Renovating or replacing facilities or structures by a public utility so long as the footprint of the facility or structure is not materially enlarged or the facility or structure is not relocated; and,

(k) Mowing, trimming, pruning, removing or cutting native vegetation to the extent required to maintain or construct public utility facilities or structures.

History

• Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.007.

Fla. Admin. Code R. 62D-15.008 Standards for Issuance or Denial of a Permit

(1) In accordance with Section 258.501(10), F.S., no permit shall be issued unless the department finds that the proposed activity will not adversely impact resource values in the river area. The department will review completed applications for permits submitted as specified under Rules 62D-15.005, 62D-15.006 and 62D-15.009, F.A.C., and will evaluate applications using the standards and factors contained in this section. Additional information on the standards and factors used in evaluating applications may be obtained from the department at the address location provided in Rule 62D-15.006, F.A.C. Applications will be processed in accordance with procedures specified in Section 120.60, F.S.

(2) Factors to be considered by the department in determining whether the activity will adversely impact the resource values include:

(a) Whether the activity is consistent with the Act, this rule, and management principles, objectives and actions of the Myakka Wild and Scenic River Management Plan.

(b) Whether the activity will affect resource values by:

1. Increasing the amount of fertilizers, nutrients, pesticides and herbicides, soil or soil conditioners, or biological and artificial substances discharged into the river area,

2. Increasing impervious surface area or stormwater runoff,

3. Causing discharge of pollutants or increasing pollution impacts from land development, septic tanks, underground storage tanks, sanitary landfills, and wastewater treatment or disposal,

4. Causing or contributing odors or noise,

5. Increasing water use,

6. Increasing water resource impacts,

7. Encouraging erosion or shoaling,

8. Creating an impediment to navigation,

9. Causing upstream penetration of saline water into the river,

10. Causing a drawdown of surface or aquifer water levels,

11. Inhibiting the natural storage and detention functions of floodplains,

12. Reducing wetland buffers or wetland filtrative functions,

13. Altering natural hydrologic characteristics of the river area,

14. Altering the flow rate, timing, volume, or water quality of freshwater flowing into downstream reaches of the river area so as to affect the growth and productivity of brackish-saltwater marine life and vegetation,

15. Causing or contributing to overfishing,

16. Increasing access to the Myakka River through construction of roads, utility corridors, except facilities of public utilities as public utility is defined in Section 366.02, F.S., or recreation sites,

17. Decreasing recreational opportunities, including but not limited to fishing, boating, canoeing, picnicking, nature study, or photography,

18. Causing or contributing to overuse of the river’s recreational resources,

19. Blocking, obstructing, lessening or otherwise interfering with the scenic and natural views as seen within the river area, including but not limited to open water, broad marshes, forested horizons, mangrove swamps, bluffs, riverbanks and bars,

20. Increasing litter,

21. Increasing visibility of storage, dilapidated or unmaintained structures,

22. Increasing the visual intrusion of tall structures,

23. Increasing intrusion caused by artificial light,

24. Impacting the conservation and preservation of fish and wildlife including endangered or threatened species or their habitats, feeding or breeding grounds,

25. Impacting listed threatened or endangered species of flora or plant communities or groupings considered to be of special ecological significance by the Florida Department of Agriculture and Consumer Services and the Florida Natural Areas Inventory,

26. Encouraging infestation or propagation of exotic or nuisance aquatic or terrestrial species such as Brazilian pepper, melaleuca, Australian pine, hydrilla, paragrass, parrotfeather, alligator weed, water hyacinth or cattail,

27. Affecting wildlife corridors or waterfowl flyways,

28. Reducing aquatic habitat, other than nuisance species, including, but not limited to, grassbeds, marshes or mangroves,

29. Increasing the density or intensity of development permitted on the subject property at the time the permit application is submitted,

30. Causing or contributing to unsafe conditions for boats or boaters,

31. Encouraging unauthorized use of public and private lands; and,

32. Damaging or destroying archaeological, cultural or historic sites or their artifacts.

(3) Certain structures or activities must also comply with the following restrictions:

(a) Docks shall be located and designed to avoid adverse impacts to resource values. At a minimum, to the extent that new docks or expansions to docks or marinas are approved, they shall meet the following standards and criteria:

1. No dock or marina and its associated pilings, shall extend waterward of the mean or ordinary high water line more than 20 feet or 10 percent of the width of the waterbody at that particular location, whichever is less. Special consideration will be given to extension of these limits in instances where riparian access would be precluded due to insufficient water depths. A water depth of minus three feet mean low water shall be deemed sufficient water depth for purpose of special consideration.

2. The dock will extend out from the shoreline no further than a length that reaches a water depth not exceeding minus three feet (mean low water).

3. Docks and expanded marinas shall only be approved in locations having adequate water depths in the vessel mooring, turning basin, access channels, and other such areas in order to insure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the bottom at mean low water.

4. Dredging to obtain navigable water depths for docks or for expanded marinas is prohibited.

5. Terminal platform size shall be no more than 120 square feet and the length of the platform shall be no more than 12 feet and the width shall be no more than 10 feet.

6. Any main access dock shall be limited to a maximum width of four feet.

7. No more than one dock shall be permitted for a lot or parcel of land, except no dock shall be permitted where riparian lot owners have acquired access to, or conveyed or transferred their riparian dock rights for, the use of a common, private multi-family docking facility. No dock for a single family lot may be designed, constructed or used to moor more than two vessels.

8. The dock decking design and construction shall provide maximum light penetration, with full consideration of safety and practicality.

9. New docks, renovations, remodeling or expansions to existing docks or facilities may be subject to requirements for identifying ways to improve or mitigate adverse environmental impacts caused by previous activities on the subject property. If deemed necessary to improve an existing condition which is creating an adverse impact on the river area, permit conditions may be imposed requiring that the permittee conduct certain activities that will minimize impacts to resource values in the river area.

10. Where local governments have more stringent standards and criteria for docks and marinas, the more stringent standards for the protection and enhancement of the river area shall prevail.

11. The submerged lands area preempted by expanded marinas or private multi-family docks shall not exceed the square footage amounting to 10 times the applicant’s contiguous riparian waterfront footage. A conservation easement or other such use restriction acceptable to the department must be placed on the riparian shoreline, used for the calculation of the 10:1 threshold, to conserve and protect shoreline resources and subordinate/waive any further riparian rights.

(b) Dredging or filling. Dredging or filling shall be permitted only upon a determination by the department that the proposed activity will not adversely impact resource values and is clearly in the public interest.

(c) Water management practices. Water management practices must not adversely affect, diminish, or degrade existing water quality or resource values in the river area.

(4) A permit shall contain specific conditions for approval, as necessary, to assure that the activity will not adversely impact resource values in the river area.

(5) In denying a permit application, the department shall specifically identify which resource values will be adversely impacted by the activity sought to be undertaken by the applicant.

(6) Permit applications shall be processed, and notification of the granting or denial of permits will be provided to applicants by the department, in accordance with Section 120.60, F.S., governing licensure.

(7) The approval of the permit application shall be based upon a finding by the department that the activity will not adversely impact resource values in the river area. Within thirty (30) days of its approval, the department shall issue the permit.

(8) A Myakka River permit is not an operating permit but is issued for purposes of repairing, reconstructing, renovating, replacing, maintaining, expanding, constructing, dredging or filling, engaging in new activities or practices, or removing or cutting of vegetation and shall be valid for two years from date of issuance except where another permit period is determined by the department as a condition for approval, or upon completion of construction. Once construction is completed, or activities and practices have begun, a structure, practice or activity is not subject to a termination or revocation of its permit unless a violation of the permit conditions occurs.

(9) A request for an extension of a permit will be considered and shall be approved if the extension of the permit will not result in adverse impacts to resource values. An extension of up to two years from the date of issuance may be granted by the department, if, based on standards included in Rule 62D-15.008, F.A.C., resource values will not be adversely impacted. Extensions will be renewed no more than two times. An application for an extension must be submitted by form to the department at least sixty days prior to expiration of the permit. An application form titled, Myakka Wild and Scenic River Application for Permit Extension, DEP 46-051, May 28, 1991, which is incorporated by reference, may be obtained from and submitted to the address location included in Rule 62D-15.006, F.A.C. The application must be submitted and made complete before the expiration date of the permit in order for the permit to be considered for an extension. Applications for permit extensions will be processed and approved or denied in accordance with Section 120.60, F.S.

History

• Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.008.

Fla. Admin. Code R. 62D-15.009 Permit Application Form

An applicant shall make application for a Myakka River permit on the Joint Dredge and Fill Application Form as specified in Rule 62D-15.006, F.A.C. The application form must be completed with all pertinent information required in instructions attached with the application form. The applicant shall also include, as part of the application, a detailed explanation of how the proposed project is consistent with the Act, the Plan, and this rule. The application must also be accompanied by a letter from any other appropriate government agency indicating the status of such other government agency approvals necessary for the proposed activity. In its review of the application, the department may request other technical information in support of the application. The application and all supportive information must be filed in duplicate at the address specified in Rule 62D-15.006, F.A.C.

History

• Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.009.

Fla. Admin. Code R. 62D-15.010 Transfer of Permits

Within 30 days following the sale or legal transfer of a permitted facility or activity, the new owner of the permitted facility or activity must register by form with the department. A registration form titled, Myakka Wild and Scenic River Registration for Transfer of Permit, DEP 46-052, May 28, 1991, which is incorporated by reference, may be obtained from and submitted to the address location included in Rule 62D-15.006, F.A.C. The registration form for the new owner will certify that the new owner will conform to all conditions under which the permit was approved.

History

• Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.010.

Fla. Admin. Code R. 62D-15.011 Permit Application Fees

Each application for a permit to be considered by the department pursuant to Section 258.501, F.S., and Rules 62D-15.005, 62D-15.006 and 62D-15.007, F.A.C., unless where otherwise provided in this chapter, shall be accompanied by a non-refundable processing fee to help defray the cost of processing the application. The fee structure is as follows:

(1) For the removal or cutting of native vegetation for riparian ingress and egress, conducting activities, or for constructing structures for which the fair market value of either the materials or labor to be used for the activity or structure does not exceed Four Hundred Dollars ($400.00), the fee is $50.00.

(2) For all other activities the fee is $200.00.

History

• Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.011.

Fla. Admin. Code R. 62D-15.012 Boating Regulations

(1) Watercraft shall not exceed a slow/minimum wake speed in any part of the river area upstream of U.S. Highway 41 except for the official government agency use of watercraft. A watercraft in an area designated as a slow/minimum wake zone is traveling at a slow/minimum wake if:

(a) It is not operating on a plane;

(b) It is not in the process of coming off plane and settling into the water, which action creates more than no or minimum wake;

(c) It produces no wake or minimum wake; and,

(d) It is completely off plane, has settled into the water with neither the bow elevated nor the stern depressed, and is proceeding without wake or with minimum wake.

(2) Watercraft shall not exceed an idle/no-wake speed within 500 feet of marinas, boat ramps, docks, and other structures near navigable channels, and in other locations where the river is designated and posted as being too narrow to safely accommodate two-way traffic. A watercraft in an area designated as a idle/no-wake zone is traveling at a speed no faster than necessary to be steered.

History

• Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.012.

Division 62C Division of Resource Management

Chapter 62C-16 BUREAU OF MINE RECLAMATION - MANDATORY PHOSPHATE MINE RECLAMATION

Fla. Admin. Code R. 62C-16.0021 Definitions

For the purpose of this chapter, the following words and terms shall have the definitions and meanings ascribed to them in this section:

(1) “Annual Mining and Reclamation Report” means a report, including maps and aerial photographs, submitted for each mine, which describes and delineates mining operations, reclamation and restoration activities undertaken in the previous calendar year. The report shall also include an estimate of proposed mining, reclamation and restoration activities that the operator intends to carry out during the current year.

(2) “Applicant” shall mean the person or agent authorized by the operator to make application to the bureau pursuant to this rule.

(3) “Calendar year” shall mean January 1st through December 31st.

(4) “Bureau” shall mean the Department Bureau of Mine Reclamation, 2051 East Dirac Drive, Tallahassee, FL 32310-3760.

(5) “Conceptual reclamation plan” or “conceptual plan” shall mean a graphic and written description of general activities to be undertaken across the whole mine to comply with the reclamation standards contained in this chapter.

(6) “Department” shall mean the Department of Environmental Protection.

(7) “Disturbance” shall mean those activities in which an operator engages to modify the land surface to conduct mining operations within a reclamation parcel.

(8) “Indigenous species” shall mean species native to the region of Florida in which the reclamation and restoration activities are to be undertaken.

(9) “Mine” shall mean an area of land on which mining operations have been conducted, are being conducted, or are planned to be conducted, as the term is commonly used in the trade.

(10) “Mining” or “Mining Operations” shall mean those physical activities other than prospecting and site preparation, which are necessary for extraction, waste disposal, storage, or dam maintenance prior to abandonment.

(11) “New mine” shall mean a mine for which the operator first became obligated to pay a severance tax for the extraction of phosphate rock therefrom after July 1, 1975.

(12) “Operator” shall mean the person engaged, or seeking to be engaged, in the extraction of phosphate rock or any other person who is obligated to reclaim mined lands pursuant to Section 211.32(1), F.S. For the purposes of Rule 62C-16.0075, F.A.C., relating to financial responsibility, “operator” includes a parent, its subsidiary, or division.

(13) “Overburden” shall mean all soil and rock removed to gain access to the phosphate in the process of extraction and shall mean such soil or rock before or after its removal.

(14) “Prior to Mining or Mining Operations” shall mean the condition of the mine area at the time of its initial inclusion in a conceptual plan submittal.

(15) “Reclamation” shall mean the reshaping of lands in a manner which meets the reclamation standards, including revegetation, contained in this chapter.

(16) “Reclamation parcel” shall mean a division within the mine boundary based on surface hydrology, unless another basis of division is otherwise approved by the Department, and identified in the conceptual reclamation plan. Previously approved reclamation programs and logical reclamation units shall constitute reclamation parcels.

(17) “Restoration” shall mean the recontouring and revegetation of lands in a manner, consistent with the criteria and standards established under this chapter, which will maintain or improve the water quality and function of the biological systems present at the site prior to mining or mining operations. In requiring restoration of an area, the Department must recognize technological limitations and economic considerations. For example, restoration shall be considered accomplished when immature trees are used; mature trees are not required to be replanted in areas where mature trees were removed to allow for mining.

(18) “Revegetation” shall mean, in reclaimed areas, a cover of vegetation consistent with the standards established pursuant to this chapter and consistent with the land form created and the future land uses. In restored areas, it means a cover of vegetation that is designed to return the restored area to a condition that maintains or improves the function of the biological system present at the site prior to mining or mining operations.

(19) “Secretary” shall mean the Secretary of the Department of Environmental Protection.

(20) “Site Preparation” shall mean those physical activities involving clearing or modification of the land surface conducted before initiating mining or mining operations, excluding prospecting, or agricultural practices or agricultural activities that are not initiated to directly serve future mining operations.

(21) “Temporary land use” shall mean any use of lands under reclamation or restoration after contouring is complete, but before release, that is necessary for the mining operation or other reclamation or restoration activities within the mine.

(22) “Waste” shall mean all earth materials, exclusive of the phosphate being mined for sale, removed from the acres mined and requiring some means of disposal. This shall only include wastes generated by mining or benefaction of the phosphate.

(23) “Wetlands” shall be defined as in Section 373.019(22), F.S.; and their occurrence and limits shall be determined in accordance with the methodology contained in Chapter 62-340, F.A.C.

History

• Rulemaking Authority 378.205 FS. Law Implemented 211.32, 373.019, 373.421, 378.203 FS. History–New 10-6-80, Formerly 16C-16.021, Amended 2-22-87, Formerly 16C-16.0021, Amended 5-28-06.

Fla. Admin. Code R. 62C-16.003 List of Applications, Notices and Reports

(1) The requirements to submit applications, notices and reports contained in this chapter shall be consistent with the Department’s authority contained in Part III of Chapter 378, F.S.

(2) Approval must be obtained from the Department prior to an operator beginning any reclamation and restoration activities on lands subject to this rule. The following applications are required:

(a) Conceptual plan.

(b) Conceptual plan modification. Each operator must obtain an approved conceptual plan modification for any change to its approved conceptual reclamation plans, in accordance with the criteria contained in Rules 62C-16.0041 and 62C-16.0051, F.A.C., unless the proposed change is exempt under subsection 62C-16.0041(3) or (4), F.A.C., from needing a conceptual plan modification.

(c) Variances. Each operator must obtain an approved variance for any exception to the provisions of this chapter in accordance with the criteria identified in Section 378.212, F.S., and Rule 62C-16.0045, F.A.C.

(3) Each operator shall provide the Department with the following notices and reports:

(a) Notice of Disturbance.

(b) Annual Mining and Reclamation Report.

(c) Notice of Change in Ownership or Mine Operator. All changes in land ownership and operators at a mine shall be reported to the Department no later than 30 days after the effective date of such change.

History

• Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.205, 378.212 FS. History–New 10-21-75, Amended 10-11-78, 10-6-80, Formerly 16C-16.03, Amended 2-22-87, Formerly 16C-16.003, Amended 5-28-06, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-16.0032 Filing Procedures for Applications, Notices and Reports

(1) Preapplication Meetings. In order to reduce the time required for processing applications, preapplication meetings are encouraged and should be arranged in accordance with the following:

(a) If a meeting is requested by the applicant, the Department shall meet with the applicant at the earliest practical time or as otherwise agreed to by both parties.

(b) These meetings are for the purpose of exchanging ideas and information and shall be nonbinding on either party.

(2) Filing. Applications shall be filed with the Department in accordance with the following deadlines:

(a) Conceptual plans. Conceptual plan applications shall be filed at least six months prior to beginning site preparation or mining operations, whichever occurs first. If the operator is required to prepare an Application for Development Approval (ADA) under Chapter 380, F.S., the operator shall file the conceptual plan application within seven days of the submittal of the ADA.

(b) Conceptual plan modifications. Modification applications incorporated by reference in Rule 62C-16.0095, F.A.C., (Reclamation Forms) shall be filed with, and approved by, the Department prior to beginning activities that constitute a change to the approved conceptual plan. If the proposed modification would constitute a substantial deviation to the approved Development Order as determined by the Department of Community Affairs in accordance with Chapter 380, F.S., then the conceptual plan modification application should be filed with the Department within seven days of filing the substantial deviation application with the Department of Community Affairs. Those activities listed in Reclamation Form No. 6 shall not constitute a change requiring a conceptual plan modification, but shall be reported to the Department by the operator on Reclamation Form No. 6 for approval by the Department as a field change.

(c) Variances. Variance applications may be filed at any time; however, activities which require a variance shall not be initiated unless and until a variance is approved by the Secretary.

(d) Notices of Disturbance. Notices shall be filed at least 30 days, but no more than one year, prior to initiating a disturbance in a reclamation parcel.

(e) Annual Mining and Reclamation Reports. Reports shall be filed on or before March 1 of each calendar year subsequent to Department approval of a Conceptual Reclamation Plan.

History

• Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.205, 378.212 FS. History–New 10-6-80, Amended 7-19-81, Formerly 16C-16.032, Amended 2-22-87, Formerly 16C-16.0032, Amended 5-28-06.

Fla. Admin. Code R. 62C-16.0033 Application Review Procedures for Conceptual Plans, Modifications, and Variances

(1) General Processing Procedures.

(a) All applications shall be processed in accordance with the provisions of Chapter 120, F.S.

(b) Within 30 days after the receipt of an application, the Department shall examine the application, notify the applicant of any apparent errors or omissions, and request any information the Department is permitted by law to require. As part of its request, the Department may require the applicant to provide one document that has been revised to incorporate all submitted corrections and additional information.

(c) If the reclamation activities for which the applicant seeks approval are exempt from the requirements of this chapter, the Department shall notify the applicant of its findings within 10 days after receipt of the original application or the timely requested additional information or correction of errors or omissions.

(d) After receipt of any request for additional information or correction of apparent errors or omissions, the applicant shall:

1. Provide the requested additional information or correction of errors or omissions, or

2. Identify any items in the request which the applicant believes are not authorized by law or rule and provide all of the requested additional information or corrections that the applicant is willing to provide.

(e) If the applicant fails to respond, as required in paragraph (d) above, to any request for additional information or correction of apparent errors or omissions, the Department shall proceed to process the application after notifying the applicant of its intent to do so and specifying the date on which processing will resume. In accordance with Section 120.60, F.S., the Department shall not deny an application for failure to correct an error or omission or to supply additional information, unless the Department timely notified the applicant of the error or omission within 30 days after receipt of the application.

(f) Within 30 days after receipt of any requested additional information or corrections, the Department shall examine such information or corrections and shall notify the applicant of any apparent errors or omissions in or additional information needed to clarify or to answer new questions raised by or directly related to the newly submitted material.

(g) The Department shall take final agency action to approve, approve with conditions, or deny an application within 90 days after receipt of a complete application, unless a written request to waive this time period is received from the operator. The final agency action shall satisfy the time periods established in Section 120.60(2), F.S., for approval or denial within 90 days after receipt of a complete application. The Department shall require the operator to publish, at the operator’s expense, a notice of final agency action in a newspaper of general circulation in the area affected. The applicant may grant at any time a specific time period for which the 90-day period for Department action may be tolled. The grant shall be in writing and shall state the reason and length of time the 90-day period may be tolled. Such grant shall not act to preclude the Department from taking action at any time after the 90-day period has begun.

(2) Revisions.

(a) If the Department receives an unsolicited revision to an application before Department action on the application, the revision may be considered as part of the application, provided that:

1. The revision does not require additional information or corrections to be submitted; and,

2. The Department has enough time to review the revision and meet normal internal processing deadlines.

(b) The Department shall notify the applicant within 30 days after receipt of a revision whether or not that revision will be considered as part of the application, unless that revision is received less than 30 days prior to the date the Department intends to take action. If a revision is received less than 30 days prior to the date the Department intends to take action, the Department shall notify the applicant as soon as practical whether or not the revision will be or was considered.

(c) If the Department notifies the applicant that a revision cannot be considered, the applicant may withdraw and refile the original application to incorporate the revision.

(3) Withdrawals. An applicant may withdraw an application at any time prior to the Department’s action, provided that notice of withdrawal is submitted in writing to the Department. A new application shall be filed within 30 days of receipt of the Department’s notice that a new application is required, unless a later date is approved by the Department. The Department shall approve any reasonable later date that is based on the applicant’s need to redesign any or all of the reclamation plan.

(4) Comments from Other Agencies. The Department may seek comments from other appropriate agencies; however, the Department’s consideration of comments on applications shall be limited to matters within the jurisdiction of the commenting agency.

(5) Approval of a conceptual plan, modification, or variance does not constitute a statement or admission by the Department concerning the ownership of any interests in lands included in a conceptual plan.

History

• Rulemaking Authority 378.205 FS. Law Implemented 120.60, 211.32, 378.205, 378.212 FS. History–New 2-22-87, Formerly 16C-16.0033, Amended 5-28-06.

Fla. Admin. Code R. 62C-16.0036 Application Standards

All applications shall be submitted using forms incorporated by reference in Rule 62C-16.0095, F.A.C., and shall meet the following minimum standards:

(1) At least one copy of signed documents made a part of the application shall bear an original signature.

(2) All maps, cross sections, and drawings shall be originals or legible 1:1 reproductions, and shall be no larger than 36 inches by 48 inches, including a one-inch border.

(3) All maps, cross sections, and drawings shall include at least the following information:

(a) Legend for all symbols and patterns.

(b) Title which explains the purpose of the graphic.

(c) The date the original was prepared.

(d) If revised, the date the revision was prepared.

(4) All maps shall include at least the following additional information:

(a) Sections, townships, ranges, and counties.

(b) Section corners. At least three corners from the same section shall be included.

(c) North arrow.

(d) Scale bar.

(5) All cross sections shall include at least the following additional information:

(a) Horizontal and vertical scales.

(b) Clearly defined and labeled endpoints.

(c) Geographic location on a map.

(6) The original scale for all conceptual plan and annual mining and reclamation report maps shall be one inch equals 2,000ꞌ feet, or 1:24,000, unless another scale is approved by the Department in writing prior to document submittal.

(7) The original scale for reclamation parcel maps shall be no smaller than one inch equals 500ꞌ feet, unless another scale is approved by the Department in writing prior to document submittal.

(8) All drawings shall include scales, if such drawings are scaled drawings.

(9) Each conceptual plan, annual mining and reclamation report, and notice of disturbance shall include aerial photographic coverage of the subject area. The photographs shall include the date flown, approximate scale, and section corners, and shall be of a scale similar to the corresponding maps as required in subsections (6) and (7), above.

(10) An applicant may submit to the Department as part of an application any documents, graphics, or other materials which have been prepared as part of other regulatory or planning programs, including Chapter 380, F.S., provided the format and information given in these materials meet the requirements of this chapter and the original document is properly referenced.

(11) The Department will authorize an operator to submit digital files in lieu of hard copy documents when they provide the same level of detail and clarity as required by Rule 62C-16.0036, F.A.C.

History

• Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.205 FS. History–New 2-22-87, Formerly 16C-16.0036, Amended 5-28-06.

Fla. Admin. Code R. 62C-16.0041 Conceptual Reclamation Plans, Modifications and Field Changes

Each conceptual plan application and conceptual plan modification application shall describe in writing and graphically, as required by the Department, the activities which are the subject of the application.

(1) Conceptual plan. A conceptual plan application shall:

(a) Describe the location, areal extent, and ownership of the mine, including proposed reclamation parcels.

(b) Classify all lands within the mine as mined before July 1, 1975, disturbed before July 1, 1975, mined or to be mined after June 30, 1975, disturbed or to be disturbed after June 30, 1975, or to remain undisturbed by mining operations.

(c) Describe the status of all lands mined or disturbed by mining operations before July 1, 1975.

(d) Describe the geology, topography, drainage, vegetative communities and associated fauna, and land uses within the mine prior to mining or mining operations, or site preparation, whichever occurs first.

(e) Describe, as existing prior to mining or mining operations and site preparation, the presence and habitat location of plant and animal species listed as threatened or endangered by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service.

(f) Describe the mining, waste disposal, and reclamation and restoration plans.

(g) Describe the quantities, by weight and volume, of earth materials to be considered in planning the reclamation and restoration activities.

(h) Describe post-reclamation and restoration stratigraphy, topography, drainage, vegetative communities and associated fauna, and land uses.

(i) Describe permits required for mining or reclamation and restoration activities.

(j) Describe how the natural resources will be preserved and conserved in areas to remain undisturbed.

(k) Provide approximate completion dates, based on mine-years, for mining, waste disposal, and reclamation and restoration activities.

(2) Conceptual plan modification. All reclamation and restoration activities shall be carried out as approved; however, when it becomes apparent or is anticipated that a modification in an approved conceptual plan is needed, the operator shall inform the Department that a modification to the conceptual plan is needed and obtain approval before proceeding with the change. The Department shall approve any complete application for a conceptual plan modification that meets the standards of Section 62C-16.0051, F.A.C. A conceptual plan modification shall:

(a) Describe which part or parts of an approved conceptual plan will be modified.

(b) Describe the modification.

(c) Explain why the modification is requested.

(3) Field changes. The following activities listed in Reclamation Form No. 6 shall not constitute a change requiring a conceptual plan modification but shall be reported to the Department by the operator on Reclamation Form No. 6 for approval by the Department as a field change:

(a) Change in post-reclamation upland land form within Level II of the Florida Land Use, Cover and Forms Classification System (FDOT 1999), as incorporated by reference herein;

(b) Change to temporary land use;

(c) Change in upland revegetation location;

(d) Change in the boundary or shape of a land form without changing the general location within the reclamation parcel, provided the number of wetland acres within the same parcel is not reduced and the intended function of the biological system is maintained; and,

(e) Reclamation schedule changes that are the result of changes in the rate of mining.

Prior Department notification shall not be required before the operator undertakes an activity listed in Reclamation Form No. 6; instead, the operator shall report such activities to the Department for approval on a quarterly basis in conjunction with the quarterly inspection. The Department shall approve any change listed in Reclamation Form No. 6 that does not alter the character of the reclamation parcel as originally approved and that meets the standards of Rule 62C-16.0051, F.A.C. If the Department does not approve the field change, then the operator must reclaim the site in accordance with the approved conceptual plan or obtain a modification to the conceptual plan.

(4) Activities not requiring Department approval. Movement of internal roadways or changes in the reclamation time table of one year or less that are the result of a change in the rate of mining within a reclamation parcel shall not require a conceptual plan modification or Department approval; instead, the operator shall notify the Department in the Annual Mining and Reclamation Report.

History

• Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.205 FS. History–New 10-6-80, Formerly 16C-16.041, Amended 2-22-87, Formerly 16C-16.0041, Amended 5-28-06.

Fla. Admin. Code R. 62C-16.0045 Variances

(1) All applications for a variance, pursuant to Section 378.212, F.S., shall be in accordance with these rules. The Department shall review the application within a reasonable period of time and, if the Department determines the application to be incomplete, the applicant shall be afforded an opportunity to supply additional information before the Department evaluates the merits of the application. The applicant shall address the following factors in the application:

(a) The statute or rule from which a variance is sought.

(b) The facts which show that a variance should be granted because of one of the reasons set forth in Sections 378.212(1)(a)-(g), F.S.

(c) The period of time for which the variance is sought, including the reasons and facts in support of the time limit.

(d) The requirements which can be met by the applicant, including the date or time when the requirements can be met.

(e) The steps or measures the applicant is taking or has taken to meet the requirements of the rule or statute from which the variance is requested.

(f) The social, economic, and environmental impacts on the applicant and residents of the area and the state, if the variance is granted.

(g) The social, economic, and environmental impacts on the applicant and residents of the area and the state, if the variance is denied.

(2) Renewals of variances shall be applied for in the same manner as for the initial variance.

(3) Variances may be issued for the life of the facility, or such shorter period of time as may be appropriate. Variances issued for more than five years shall be reviewed by the Secretary at least every five years to assure that the factors justifying the issuance of the variance have not changed so as to make the variance unnecessary. Any order granting a variance for more than five years shall require the operator to submit, at least once every five years, the information necessary to allow the Secretary to conduct this review.

(4) The action taken by the Secretary shall be proposed agency action and notice of the action shall be published by the Department in accordance with Section 378.212, F.S. The notice shall contain the following:

(a) Name of the applicant, brief description of the variance requested, and its location.

(b) Location of the application and its availability.

(c) Statement of the proposed action.

(d) Notification of an administrative hearing opportunity and time limitations.

(5) If no request for an administrative hearing is received by the Department within 14 days from the date of publication of the notice, the action taken by the Secretary shall be final agency action.

History

• Rulemaking Authority 378.205 FS. Law Implemented 378.212 FS. History–New 2-22-87, Formerly 16C-16.004, Amended 5-28-06.

Fla. Admin. Code R. 62C-16.0051 Reclamation and Restoration Standards

This section sets forth the minimum criteria and standards for approval of a conceptual plan or modification application.

(1) Safety.

(a) Site cleanup. All lands reclaimed shall be completed in a neat, clean manner by removing or disposing of all visible debris, litter, junk, worn-out or unusable equipment or materials, as well as all footings, poles, pilings, and cables in conformance with the requirements of subsection (9) of this section. If any large rocks or boulders exist as a result of mining, these should be left either at the surface where they are distinctly visible or placed in mined-out areas and covered to a minimum depth of four (4ꞌ) feet.

(b) Structures. All temporary buildings, pipelines, and other man-made structures shall be removed with the exception of those that are of sound construction with potential use compatible with the reclamation goals.

(2) Backfilling and Contouring. The proposed land use after reclamation and the types of landforms shall be those best suited to enhance the recovery of the land into mature sites with high potential for the use desired.

(a) Slopes of any reclaimed land area shall be no steeper than four (4ꞌ) feet horizontal to one (1ꞌ) foot vertical to enhance slope stabilization and provide for the safety of the general public. For long continuous slopes, mulching, contouring, or other suitable techniques shall be used to enhance stabilization. Should washes or rills develop after revegetation and before final release of the area, the operator shall repair the eroded areas and stabilize the slopes to eliminate any further similar erosion.

(b) The operator shall inform the Department of the nature and an estimate of the amount of strata planned to be removed during mining operations that is unsuitable for general reclamation use because of its potential hazard to the health and safety of the general public. Material of this type that occurs naturally within the general mine site shall be replaced in the mine cut beneath all other backfill material. Any material that is not naturally occurring within the general mine site shall be disposed in accordance with the provisions of paragraph 62C-16.0051(9)(c), F.A.C.

(3) Soil Zone.

(a) The use of good quality topsoils is encouraged, especially in areas of reclamation by natural succession.

(b) Where topsoil is not used, the operator shall use a suitable growing medium for the type vegetative communities planned.

(4) Wetlands within the conceptual plan area that are disturbed by site preparation or mining operations shall be restored at least acre-for-acre and type-for-type. At a minimum, type-for-type shall mean restoration at least to Level II of the Florida Land Use, Cover and Forms Classification System (DOT 1999) (FLUCCS), as incorporated by reference herein. When using FLUCCS, the following shall apply: wetlands on the site shall be given a 600 prefix; natural streams shall be designated as 511; ditched or otherwise channelized natural streams shall be designated as 512; a ditch through a wetland area shall be designated as 513; and a ditch cut through uplands shall be designated as 514. Non-wetland flood plain areas that are designated as other surface waters in accordance with Rule 62-340.600, F.A.C., shall be given the appropriate upland land use cover classification with a suffix of “O” indicating “other surface waters.” Furthermore, restoration shall be designed to reflect the biological structure and hydrology of the wetland community that was disturbed, but shall not require total replication of the previous wetland vegetation.

(5) Surface waters other than wetlands, as identified and delineated pursuant to Rule 62-340.600, F.A.C., within the conceptual plan area that are impacted by site preparation, mining or mining operations shall be restored based upon the type of natural systems present at the time of submittal of the conceptual reclamation plan application, e.g., natural streams, natural lakes (including ponds) and non-wetland flood plains. When wetland communities are directly associated with other surface waters, restoration of such wetland communities shall be integrated into the restoration of the surface waters. Natural lakes (including ponds) and non-wetland flood plains shall be restored at least acre-for-acre and type-for-type. However, non-wetland flood plains may be restored as wetlands provided the floodplain functions of the system are maintained or improved. Natural streams include streams that have been subjected to man-made or man induced alteration or replacement of the historic flow channel, including but not limited to channelization, canalization, or flow modifications. Natural streams do not include man-made or man induced tributaries or channel extensions beyond the lateral or upstream boundary of the historic stream channel when such do not represent a direct modification of or replacement for the flows of the historic channel. Natural streams shall be restored based upon at least replacement of the linear footage of the stream impacted, as it existed at the time of conceptual plan submittal. Therefore, when a natural stream has been subjected to previous alteration that replaces the function of the historic channel, the length of channel requiring restoration shall reflect the existing condition, at the time of conceptual plan submittal, and not the pre-alteration condition of the stream. However, when the impact is to an altered segment of a natural stream between existing unaltered segments, and that impact consists of mining operations that include excavation of the overburden underlying the stream segment, the entire length between the segments must be restored as a natural stream. If the impact consists only of stream crossings, then the restoration need only reflect the existing condition of the stream segment. Restoration of natural streams shall be designed to conform the length of a restored stream to at least Rosgen Level II channel classification in the basin as needed to meet the definition of restoration in Rule 62C-16.0021, F.A.C., considering the historic and reclaimed landscapes as determined using Applied River Morphology (Rosgen 1996), as incorporated by reference herein, or other comparable classification system approved by the Department, unless mitigating factors indicate that restoration of previously modified streams as a different type of lotic system would produce better results for the biological system and water quality. Other than altered natural streams, as previously noted, restoration shall not be required for artificial surface waters that are not wetlands, constructed in areas that would otherwise be uplands.

(6) Wetlands and Water Bodies. The design of created wetlands and water bodies shall be consistent with health and safety practices, maximize beneficial contributions within local drainage patterns, provide aquatic and wetland wildlife habitat values, and maintain downstream water quality by preventing erosion and providing nutrient uptake. Water bodies should incorporate a variety of emergent habitats, a balance of deep and shallow water, fluctuating water levels, high ratios of shoreline length to surface area and a variety of shoreline slopes.

(a) At least 25% of the highwater surface area of each water body other than streams shall consist of an annual zone of water fluctuation to encourage emergent and transition zone vegetation. If the area meets the definition of a wetland in Rule 62C-16.0021, F.A.C., then it will also meet the requirements of subsection (4), above. In the event that sufficient shoreline configurations, slopes, or water level fluctuations cannot be designed to accommodate this requirement, this deficiency shall be met by constructing additional wetlands adjacent to and hydrologically connected to the water body.

(b) Other than streams, at least 20% of the low water surface shall consist of a zone between the annual low water line and six feet below the annual low water line to provide fish bedding areas and submerged vegetation zones.

(c) The operator shall provide a perimeter greenbelt of vegetation consisting of tree and shrub species indigenous to the area in addition to ground cover. The greenbelt shall be at least 120 feet wide and shall have a slope no steeper than 30 feet horizontal to one foot vertical.

(7) Water Quality.

(a) All waters of the state on or leaving the property under control of the operator shall meet applicable water quality standards of the Department.

(b) Water within all wetlands and water bodies shall be of sufficient quality to maintain their designated use as defined in Rule 62-302.200, F.A.C.

(8) Flooding and Drainage.

(a) The operator shall take all reasonable steps necessary to eliminate the risk that there will be flooding on lands not controlled by the operator caused by silting or damming of stream channels, channelization, slumping or debris slides, uncontrolled erosion, or intentional spoiling or diking or other similar actions within the control of the operator.

(b) The operator shall restore the original drainage pattern of the area to the greatest extent possible. Watershed boundaries shall not be crossed in restoring drainage patterns; watersheds shall be restored within their original boundaries. Temporary roads shall be returned at least to grade where their existence interferes with drainage patterns.

(9) Waste Disposal.

(a) Clay Wastes.

1. Disposal areas shall be reclaimed as expeditiously as possible. Experimental methods which speed reclamation and which are consistent with these rules are encouraged.

2. To the greatest extent practical, all waste clays shall be disposed in a manner that reduces the volume needed for disposal.

3. Above-ground disposal areas shall be reclaimed in a manner so that long-term stabilization of retention dikes and dams is assured.

4. Waste clays shall be disposed in a manner which minimizes the length of time waste disposal sites are needed for mining operations, reduces the impact on drainage patterns and premining topography, and considers post-reclamation land use potential.

(b) Sand Tailings.

1. Sand tailings should not be permanently spoiled above natural grade unless needed to meet regulatory or environmental requirements.

2. The operator shall give highest priority to the use of sand tailings for backfilling mine cuts. This priority shall not exclude the use of sand clay mix in reclamation when approved by the Department. Sand tailings shall not be permanently disposed or deposited within, or used for the construction of, clay settling areas unless authorized by the Department.

(c) Solid Waste.

1. Solid waste that is generally considered to be not water soluble and non-hazardous in nature, and that is generated as a result of mining operations may be disposed on-site during reclamation in accordance with any applicable permit conditions. Such waste includes steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, as well as rocks, soils, tree remains, trees, and other vegetative matter.

2. Solid waste that could create a public nuisance or adversely affect the environment or public health, such as garbage, white goods, automotive materials including batteries and tires, petroleum products, pesticides, solvents, or hazardous substances, shall be managed in accordance with the requirements of Chapter 62-701, F.A.C.

3. Solid waste that is a hazardous waste shall be managed in accordance with the requirements of Chapter 62-730, F.A.C.

4. In no case shall solid waste be disposed in any natural or artificial body of water, including groundwater. Clean debris may be used as fill material in any area, pursuant to Sections 403.703(33) and 403.707(2)(f), F.S.

(10) Revegetation. The operator shall develop a revegetation plan to achieve permanent revegetation, which will minimize soil erosion, conceal the effects of surface mining, and recognize the requirements for appropriate habitat for fish and wildlife.

(a) The operator shall develop a plan for the proposed revegetation, including the species of grasses, shrubs, trees, aquatic and wetlands vegetation to be planted, the spacing of vegetation, and, where necessary, the program for treating the soils to prepare them for revegetation.

(b) All upland areas must have established ground cover for one year after planting over 80% of the reclaimed upland area, excluding roads, groves, or row crops. Bare areas shall not exceed one-quarter (1/4) acre.

(c) Upland forested areas shall be established to resemble premining conditions where practical and where consistent with proposed land uses. At a minimum, 10% of the upland area will be revegetated as upland forested areas with a variety of indigenous tree species. Upland forested areas shall be protected from grazing, mowing, or other adverse land uses to allow establishment. An area will be considered to be reforested if a stand density of 200 trees per acre is achieved at the end of one year after planting.

(d) All wetland areas shall be restored and revegetated in accordance with the best available technology.

1. Herbaceous wetlands shall achieve a ground cover of at least 50% at the end of one year after planting and shall be protected from grazing, mowing, or other adverse land uses for three years after planting to allow establishment.

2. Wooded wetlands shall achieve a stand density of 200 trees per acre at the end of one year after planting and shall be protected from grazing, mowing, or other adverse land uses for five years or until such time as the trees are ten feet tall.

(e) All species used in revegetation shall be indigenous species except for agricultural crops, grasses, and temporary ground cover vegetation.

(11) Wildlife.

(a) The operator shall incorporate measures into the conceptual plan or conceptual plan modification to offset fish and wildlife values lost as a result of mining operations and shall identify special programs to restore, enhance, or reclaim particular habitats, especially for endangered and threatened species, as identified by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service.

(b) The operator may designate specific locations within the mine as “Wildlife Areas” and include a plan for reclamation and management for sites so designated. Slopes, revegetation, and erosion control requirements may be modified by the Department in such areas on a case-by-case basis where such changes will benefit the overall plan for the propagation of wildlife.

(12) Time Schedule for Reclamation Parcels.

(a) Each operator shall develop a time schedule for completion of the reclamation process in the area covered by a reclamation parcel. The time schedule shall include an estimate of:

1. When removal of phosphate rock in the area will be completed, including the estimated acreage to be mined in each calendar year that mining will occur.

2. When any other mining operations phase in the area will be completed and an explanation of such operations.

3. When waste disposal will be started and completed.

4. When contouring will be started and completed.

5. When revegetation will be started and completed.

(b) Completion dates.

1. Where mined-out areas will be used for waste disposal, waste disposal shall be completed as soon as practical after mining has occurred. Waste disposal on other sites shall also be completed as soon as practical. The completion date for waste disposal shall consider the availability and volume of materials needed.

2. Contouring for all acres mined shall be completed no later than 18 months after an area is capable of being contoured. When additional mining operations, such as waste disposal, occur in a mined area, then contouring shall be completed no later than 18 months after an area is capable of being contoured. If contouring is needed on lands that are disturbed by mining operations, but not mined, then contouring on such lands shall be completed no later than the end of the year following the year in which mining operations ceased on such lands.

3. Revegetation shall be completed as soon as practical after each acre is contoured, but no later than six months after contouring is required to be completed. The Department may allow a later completion date upon a showing of good cause.

4. Reclamation and restoration shall be completed within two (2) years of the actual completion of mining operations, exclusive of the required growing season to ensure the growth of vegetation, except that where sand-clay-mix or other innovative technologies are used, the Department may specify a later date for completion. The required completion date may vary within a reclamation parcel, depending upon the specific type of mining operation conducted.

5. The completion dates for each phase of the reclamation and restoration activities shall be extended by the period of any delays attributable to causes beyond the reasonable control of the operator.

6. Initiation and completion dates should be specified by month and year only with initiation being the first day of the month and completion being the last day of the month.

7. The actual completion dates for contouring, revegetation, and the period of establishment shall be based on information provided in the annual reports, as required by Rule 62C-16.0091, F.A.C., and verified by the Department.

(13) Exceptions and Innovations. In order to encourage the development of new technology that will hasten reclamation or improve the quality of restored lands, the Secretary may grant a variance to any of the requirements of Rule 62C-16.0051, F.A.C., to accommodate experimental or innovative techniques when the technology is not proven.

History

• Rulemaking Authority 378.207 FS. Law Implemented 211.32, 378.207, 378.209 FS. History–New 10-6-80, Amended 7-19-81, Formerly 16C-16.051, Amended 2-22-87, Formerly 16C-16.0051, Amended 2-19-02, 5-28-06.

Fla. Admin. Code R. 62C-16.0067 Inspections and Notices of Disturbance

(1) All authorized representatives of the Department, on presentation of appropriate credentials to the operator, or its authorized representative, shall have the right of entry to, on, or through all lands subject to this chapter.

(2) Inspections shall occur on an irregular basis at a frequency necessary to insure compliance with the provisions of these rules. The Department shall make at least quarterly inspections of all reclamation parcels where a disturbance has commenced and shall make a final inspection for purposes of certifying completion of reclamation and restoration.

(3) Inspections shall occur only during normal office hours, if practical. Inspectors shall give the operator notice of the proposed inspection and shall allow the operator the opportunity to provide appropriate personnel to accompany the inspector while on the operator’s premises.

(4) The Department shall make an initial inspection of each conceptual plan area.

(5) The Department shall inspect each approved conceptual plan area at least once every year to verify the status of lands within the mine.

(6) Inspections may consist of:

(a) On-the-ground inspections of the affected land.

(b) Taking photographs for official use by the Department.

(c) Taking and removing samples of soil, vegetation, water, waste products, or material mined.

(d) Inspection of environmental monitoring installations and data relating to the reclamation and restoration.

(e) Review of maps and monitoring data.

(7) A copy of the Field Inspection Report will be provided to the operator.

(8) Inspection of premining conditions and Notice of Disturbance.

(a) The operator shall provide a Notice of Disturbance to the Department at least 30 days, but no more than one year, prior to initiating a disturbance in each reclamation parcel. If notice was given and the disturbance was postponed for more than one year after notification, the operator shall submit an updated notice at least 30 days prior to initiating a disturbance.

(b) The Notice of Disturbance shall identify:

1. The area to be disturbed by section, township, and range.

2. The type of disturbance, including identification of the type of mining operation.

3. The approximate time schedule (month/year) for each type of mining operation, and reclamation activity.

4. The number of acres subject to each type of mining operation, and reclamation activity.

5. Environmental Resource Permit (ERP) or Wetland Resource Permit (WRP) obtained or sought.

6. Post-reclamation land use.

(c) The Department shall make an inspection of each reclamation parcel prior to disturbance.

(9) Reclamation parcel boundaries shall be marked as follows:

(a) As soon as practical after reclamation and restoration activities have begun, the operator shall clearly mark and maintain the boundaries of a reclamation parcel area so that they are clearly identifiable until the release of the reclamation parcel. This shall not be construed to require a survey of the reclamation parcel boundary by a registered land surveyor.

(b) No markers shall be required where natural or man-made features, such as roads, railroads, dams, fences, streams, or distinct vegetation clearly delineate the boundary.

(c) Where markers are required, they shall be placed at each corner or inflection in the boundary and at least two markers, the last marker and the next marker, shall be visible from any given marker.

(d) Required markers shall be maintained on each reclamation parcel area through release.

History

• Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.205, 378.209 FS. History–New 10-6-80, Formerly 16C-16.067, Amended 2-22-87, Formerly 16C-16.0067, Amended 5-28-06.

Fla. Admin. Code R. 62C-16.0068 Release Procedures

(1) Once an operator fulfills the reclamation and restoration requirements within a reclamation parcel, he may request a release of the reclamation parcel, as a whole or as a distinct upland portion thereof. The request shall be submitted in writing to the Department and shall include a statement certifying that the requirements of this chapter have been met.

(2) Within 90 days after notification by the operator or the scheduled completion date, whichever comes first, the Department shall make a final inspection of a reclamation parcel, or upland portion thereof.

(3) Within 30 days after the final inspection, the Department shall notify the operator in writing of its findings.

(a) If the Department is not satisfied that the reclamation or restoration requirements of the reclamation parcel, or upland portion thereof, have been met and the specified completion date has expired, it shall notify the operator of the deficiencies that must be corrected. Within 90 days after such notice by the Department, the operator shall return work on the reclamation parcel, or upland portion thereof, to a rate of progress that will reasonably ensure completion within not more than 180 days after receipt of such deficiency notice.

(b) If the Department is satisfied that all reclamation and restoration requirements have been met, it shall notify the operator in writing that the reclamation parcel, or upland portion thereof, is complete and the area is released from further obligation under Chapters 211 and 378, F.S. The Department shall grant a release of an upland portion of the parcel only if it will not jeopardize the operator’s ability to fulfill the reclamation and restoration requirements for the remainder of the parcel and if the operator retains ownership or control of the entire reclamation parcel until the remainder of the parcel is released.

(4) Release of the reclamation obligation for a reclamation parcel, or upland portion thereof, under this chapter shall not operate to relieve the operator of any other obligations imposed under other laws, rules, regulations or ordinances.

(5) If any released area is again disturbed by mining operations, the disturbed areas shall become subject to the requirements of this chapter.

History

• Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.207 FS. History–New 10-6-80, Formerly 16C-16.068, Amended 2-22-87, Formerly 16C-16.0068, Amended 5-28-06, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-16.0071 Violations, Damages, and Penalties

(1) Upon determination by the Department that an operator is in violation of any requirement of this chapter or approval granted, the Department shall notify the operator in writing by certified mail of the alleged violation. The notice of violation shall set forth in detail the alleged violation and specify a reasonable time, not to exceed 90 days, in which to begin corrective action. The Department may also specify a time by which the corrective action must be completed.

(2) If an operator disputes the matters contained in a notice of violation, the operator may request a hearing, pursuant to Sections 120.569 and 120.57, F.S. If a hearing is requested, the time for initiating corrective action shall not begin to run until a final order is entered.

(3) If the violation specified in the notice of violation has not been corrected upon the expiration of the period provided in the notice of violation, the Department may institute a civil action in a court of competent jurisdiction, as follows:

(a) For injunctive or other appropriate relief to enforce compliance with this chapter, or for the assessment of damages, or for both injunctive relief and damages. This paragraph shall not apply to the failure to comply with the requirements of subsection 62C-16.0075(5), F.A.C.

(b) To impose and recover a civil penalty for a violation of this chapter or any order issued pursuant to this chapter. This paragraph shall not apply to the failure to comply with the requirements of subsection 62C-16.0075(5), F.A.C. The penalty shall not exceed the following amounts and the court shall consider evidence in mitigation:

1. For violations of a minor or technical nature, $100.00 per violation.

2. For major violations on which a penalty has not been imposed under this subparagraph during the previous five years, $1,000.00 per violation.

3. For major violations not covered by subparagraph 2., above, $5,000.00 per violation. The civil penalties provided for in this paragraph (b), shall not begin to accrue until the expiration of the time for initiating corrective action, as provided in the notice of violation issued by the Department. Each day or any portion thereof in which the violation continues shall constitute a separate violation.

(c) To recover against the security provided pursuant to Rule 62C-16.0075, F.A.C., if an operator has failed to comply with the requirements of subsection 62C-16.0075(5), F.A.C., and the Department determines that the operator is unable or unlikely to come into compliance with those requirements within a reasonable time.

(4) Minor violations shall consist of the following:

(a) All violations of a technical nature.

(b) Being behind schedule in contouring or revegetation on reclamation parcels more than one month, but less than six months, based on the required completion dates in subsection 62C-16.0051(12), F.A.C.

(c) Being out of compliance with contouring and erosion control standards, after the required completion date for contouring in subsection 62C-16.0051(12), F.A.C.

(d) Being out of compliance with revegetation standards, after the required completion date for revegetation in subsection 62C-16.0051(12), F.A.C.

(e) Failure to submit and complete an Annual Mining and Reclamation Report, pursuant to Rule 62C-16.0091, F.A.C.

(f) Failure to comply with any rule contained in this chapter, unless otherwise specified in subsections (3) and (4).

(5) Major violations shall consist of any violation not specified in subsection (4) above, including the following:

(a) Undertaking any activities that are not in agreement with the approved conceptual plan.

(b) Undertaking any reclamation or restoration activities that are not in agreement with the approved conceptual plan or conceptual plan modification, except as authorized by subsection 62C-16.0041(2), F.A.C.

(c) Being behind in contouring or revegetation on reclamation parcels more than six months, based on required completion dates.

(d) Failure to comply with an order issued pursuant to this chapter.

(e) Failure to post a security as required by subsection 62C-16.0075(1), F.A.C.

History

• Rulemaking Authority 378.205 FS. Law Implemented 120.69, 378.211 FS. History–New 10-6-80, Formerly 16C-16.071, Amended 2-22-87, Formerly 16C-16.0071, Amended 5-28-06, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-16.0075 Financial Responsibility

(1) Security.

(a) Form of Security. If the Department determines that an operator is not in compliance with the rate of reclamation established in subsection (5), the Department shall notify the operator in writing that the operator shall have 30 days to post one or more of the following forms of security:

1. A lien in favor of the state on unmined lands or on reclaimed and released real property owned in fee simple absolute by the operator.

2. A surety bond using the form provided by the Department or a comparable format approved by the Department.

3. A letter of credit using the form provided by the Department or a comparable format approved by the Department.

4. A donation of land acceptable to the state whereby every acre donated would relieve the company of the obligation to bond or otherwise provide security for the reclamation of acres mined, based on a ratio of 1 acre donated to cover the financial responsibility for 10 or more, at the discretion of the Department, acres of mined lands. This donation would not relieve the operator of the obligation to reclaim and will not be released upon reclamation of the delinquent acres. The donation shall be made in accordance with Chapter 253, F.S.

5. A cash deposit or trust fund payable to the state.

(b) The form of security posted shall be at the option of the operator and shall cover the number of acres for which the operator is delinquent in reclaiming in the required time period as well as the number of acres that the operator must reclaim in the current five-year period. The security posted shall remain in effect until all delinquent acres are reclaimed, except as provided in subparagraph (1)(a)4. above.

(c) Release of posted securities. The operator may request that the land upon which a security has been posted be released. Such request shall be in writing to the Department. If the security cannot be released, the Department shall notify the operator in writing within 30 days of such request specifically what work must be done in order to obtain release of the security. The posted security shall be released within 30 days of a determination by the Department that reclamation upon delinquent acres has been completed. Release shall consist of notification in writing by the Department that the operator is no longer under obligation to have a posted security and return of the security, except for donated lands.

(d) Failure to provide the Department with an acceptable form of security within the time allowed will constitute a major violation for which the Department may institute a civil action in accordance with Rule 62C-16.0071, F.A.C.

(e) The notification provided pursuant to paragraph (1)(a) shall include:

1. The number of acres on which reclamation is delinquent.

2. Which five-year period the delinquency covers.

3. The number of acres covered by the current five-year period.

4. The amount of security required at the current time.

5. How the amount of security was determined.

(f) Should the security be in the form of a surety bond, letter of credit or cash deposit, or trust fund payable to the state, the amount of the security will be adjusted annually for the percentage change in the construction cost index as published in the Engineering News Record. The percentage change shall be for the twelve-month period beginning on the date of notification, pursuant to paragraph (1)(a).

(2) Establishment of required security. The amount of the security shall be established by the Department using the following criteria:

(a) The amount and type of reclamation involved.

(b) The probable cost of proper reclamation.

(c) Inflation rates based on the construction cost index as published in the Engineering News Record.

(d) Changes in mining operations.

(e) The amount of security shall not exceed $7,270.00 per acre for each reclamation parcel, adjusted annually for inflation by five (5) percent beginning January 1, 2007.

(3) Waiver or Modification of Financial Security. In instances where the intent of the financial responsibility requirements will not be at risk, an operator may apply to the Department to modify or release it from the requirements of posting security. Requests for such modifications or releases shall be filed as requests for a variance in accordance with Rule 62C-16.0045, F.A.C. Consideration shall be given to the following:

(a) Past performance by the operator in complying with approved conceptual plans.

(b) Compliance by the operator with all other portions of this rule.

(c) The size and nature of the operation, when the reclamation effort may be reduced significantly by the lapse of time and/or a single reclamation parcel currently underway would bring the operator into compliance with reclamation rates. It must be shown that reclamation rates would be met should a portion of the reclamation parcel(s) be considered as reclaimed in proportion to the percentage of the reclamation work effort completed on the reclamation parcel.

(d) The Department’s analysis of the operator’s financial statements to determine the operator’s financial soundness.

(4) Financial Statements.

(a) Operators shall submit financial statements annually, within 90 days of the end of their fiscal year.

(b) The financial statements must include, at a minimum, a profit or loss statement, balance sheet, and a statement of changes in financial position. For operators reporting to the SEC, their annual Form 10-K shall constitute compliance with this requirement.

(c) All financial statements, except SEC Form 10-K, shall be considered confidential by the Department and shall be maintained in locked files of which only authorized personnel shall have access.

(d) The operator shall be responsible for the confidentiality of all financial statements until receipt by the Department.

(5) For the purpose of Rule 62C-16.0075, F.A.C., the reclamation shall be accomplished in accordance with the following criteria:

(a) For the period July 1, 1975, to December 31, 1980, for existing mines, or the first five-year period of mining for new mines, no reclamation shall be required and any reclamation which is completed shall be credited forward.

(b) For the period January 1, 1981, to December 31, 1985, for existing mines, or the second five-year period of mining for new mines, reclamation of acres mined shall be completed at the rate of an acreage equivalent of 15 percent of the acres mined during the period July 1, 1975, to December 31, 1980, or the immediately preceding five-year period, as appropriate. Reclamation in excess of the required percentage shall be credited forward.

(c) For the period January 1, 1986, to December 31, 1990, for existing mines, or the third five-year period of mining for new mines, reclamation of acres mined shall be completed at the rate of an acreage equivalent of 60 percent of the acres mined during the period January 1, 1981, to December 31, 1985, or the immediately preceding five-year period, as appropriate. Reclamation in excess of the required percentage shall be credited forward.

(d) For the period January 1, 1991, to December 31, 1995, for existing mines, or the fourth five-year period of mining for new mines, reclamation of acres mined shall be completed at the rate of an acreage equivalent of 75 percent of the acres mined during the period January 1, 1986, to December 31, 1990, or the immediately preceding five-year period, as appropriate. Reclamation in excess of the required percentage shall be credited forward.

(e) For the period January 1, 1996, to December 31, 2000, for existing mines, or the fifth five-year period of mining for new mines, and each five-year period thereafter, reclamation of acres mined shall be completed at the rate of an acreage equivalent of 100 percent of the acres mined during the immediately preceding five-year period. Reclamation in excess of the required percentage shall be credited forward.

(f) For the purposes of this subsection, completed shall mean reclaimed through the initial revegetation and not through final release of the reclaimed area.

(g) Acres to be credited forward shall consist of acres mined or disturbed after June 30, 1975, and completed pursuant to paragraph (f) above.

(h) The operator of a mine may request that the time periods and reclamation rates specified in this subsection be modified or waived for experimental reclamation, to take into account the effect of a temporary shutdown of mining operations or other physical restraints, for unreasonable delays in the processing of reclamation applications by the Department, or to relieve or prevent extreme economic hardship on the operator.

(i) The rate of mining during any five-year period is to be determined solely by the operator and not the Department.

History

• Rulemaking Authority 378.205, 378.208 FS. Law Implemented 378.208, 378.209, 378.212 FS. History–New 2-22-87, Formerly 16C-16.0075, Amended 5-28-06, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-16.0091 Annual Mining and Reclamation Reports

(1) On or before March 1 of each year after Department approval of its Conceptual Reclamation Plan, each operator shall submit to the Department an Annual Mining and Reclamation report describing mining and reclamation activities for the previous calendar year and proposed mining and reclamation activities for the current year for each mine under its control. If mining has not yet commenced, then the Annual Mining and Reclamation report need only describe the proposed mining and reclamation activities for the current calendar year. The report shall be submitted on the form incorporated by reference in Rule 62C-16.0095, F.A.C., and shall include:

(a) A written description of all parcels disturbed by mining operations in the previous calendar year by section, township, range, and county. The actual number of acres shall be given for each section. A written description of all sites proposed to be disturbed by mining operations in the current year by section, township, range, and county. The anticipated number of acres shall be given for each section.

(b) An accounting of the materials encountered as described in paragraph 62C-16.0051(2)(b), F.A.C., and how they were handled in the previous calendar year. An estimate of materials anticipated to be encountered as described in paragraph 62C-16.0051(2)(b), F.A.C., and how they are proposed to be handled during the current year.

(c) A description of reclamation and restoration activities, including the acreage completed in each phase, carried out during the previous year for each reclamation parcel. A description of reclamation and restoration activities anticipated to be completed in each phase during the current year.

(d) An analysis that demonstrates compliance with the required rate of reclamation in Rule 62C-16.0075, F.A.C. If the rate of mining in the previous year or the anticipated rate of mining in the current year is different from the rate in the conceptual plan, then the operator shall provide the revised rate in the Annual Mining and Reclamation report.

(e) A map which shows all lands disturbed by mining operations within the mine through the previous calendar year and land anticipated to be disturbed in the current year, and identified as follows, including acreages for each area:

1. Disturbed by mining operations, but not mined.

a. Prior to July 1, 1975.

b. From July 1 to December 31, 1975.

c. After 1975, specifying the year.

d. Proposed to be disturbed during the current year.

2. Mined.

a. Prior to July 1, 1975.

b. From July 1 to December 31, 1975.

c. After 1975, specifying the year.

d. Proposed to be mined during the current year.

(f) A map which shows all reclamation parcels delineated after June 30, 1975, including their current status and acreage of reclamation, and the location of all permitted water discharge points, including their identification number and the permitting agency.

(g) A map which shows all sites used or under construction for waste disposal, or for the current year, sites anticipated to be used or under construction for waste disposal, including the type of waste, the acreage of each site, and the beginning and ending dates for disposal.

(h) Actual dates when mining, waste disposal, and reclamation and restoration activities were completed in the previous calendar year shall be provided for each reclamation parcel. Time schedule changes that are the result of changes in the rate of mining.

(i) Aerial photographs of all disturbed and mined lands, including the area within one mile of such lands within the mine boundary. The photographs shall be taken after December 1, but as close as reasonably possible, to December 31 of the previous calendar year. The copies submitted to the Department shall be of acceptable quality and shall include the date flown, scale, and locations of section corners.

(2) The Department shall examine each annual report and notify the operator within 30 days from receipt of the report of any apparent errors or omissions.

(3) The operator shall respond to the Department’s request for corrections of apparent errors or missing information within 90 days.

History

• Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.205 FS. History–New 10-6-80, Formerly 16C-16.091, Amended 2-22-87, Formerly 16C-16.0091, Amended 5-28-06.

Fla. Admin. Code R. 62C-16.0095 Reclamation Forms

The following forms are available from the Department of Environmental Protection and are incorporated by reference:

(1) Application for a Conceptual Reclamation Plan or Modification, Reclamation Form No. 1, Effective 5-28-06.

(2) Annual Mining and Reclamation Report, Reclamation Form No. 2, Effective 5-28-06.

(3) Notice of Disturbance, Reclamation Form No. 3, Effective 5-28-06.

(4) Variance Application, Reclamation Form No. 4, Effective 5-28-06.

(5) Field Inspection Report, Reclamation Form No. 5, Effective 5-28-06.

(6) Field Change Application, Reclamation Form No. 6, Effective 5-28-06.

History

• Rulemaking Authority 378.205 FS. Law Implemented 211.32, 378.205, 378.212 FS. History–New 2-26-81, Formerly 16C-16.095, Amended 2-22-87, Formerly 16C-16.0095, Amended 5-28-06.

Chapter 62C-17 MASTER RECLAMATION PLAN FOR LANDS DISTURBED BY THE SEVERANCE OF PHOSPHATE PRIOR TO JULY 1, 1975

Fla. Admin. Code R. 62C-17.001 Intent

History

• Rulemaking Authority 369.20, 369.22, 369.251, 370.021 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History–New 2-9-82, Formerly 16C-20.011, 16C-20.0011, Amended 5-3-95, Repealed 1-8-96.

Fla. Admin. Code R. 62C-17.002 Definitions

The following words and terms shall have the definition and meaning ascribed to them in this section:

(1) “Approved Reclamation Program” shall mean a reclamation program which has been approved by the Department.

(2) “Bureau” shall mean the department's Bureau of Mine Reclamation, Division of Resource Management, 2051 East Dirac Drive, Tallahassee, FL 32310-3760.

(3) “Clay Settling Area,” for purposes of the reimbursement provisions of these rules, shall mean an area completely enclosed by and including an earthen dam used for waste clay disposal.

(4) “Committee” shall mean the Nonmandatory Land Reclamation Committee.

(5) “Commodity” shall mean any of the various supplies, materials, goods, merchandise, equipment and other personal property purchased, leased or otherwise contracted for by the Landowner for the purpose of performing the approved reclamation activities.

(6) “Contractual Service” shall mean the rendering by a contractor, engineer, surveyor or any other provider of a service of its time and effort rather than the furnishing of specific commodities.

(7) “Department” shall mean the Governor and Cabinet sitting as the head of the Department of Environmental Protection, 2600 Blair Stone Road, MS #3554, Tallahassee, Florida 32399-2400.

(8) “Dewatering Phase” shall mean the work effort put forth to remove surface waters from clay settling areas by the use of spillways, and the partial removal of combined waters from waste clay by the use of ditches to facilitate and promote the drying and crusting of waste clays. This phase includes disturbance of the earthen dams surrounding the pond for dewatering and breaching of the dam for abandonment.

(9) “Earthmoving Stage” shall mean that period of time which extends from initiation of reclamation activity to and including final contouring of the landform to the point at which the Bureau certifies the earthmoving complete and at which point revegetation would normally occur.

(10) “Eligible Lands” means those lands mined or disturbed by the severance of phosphate rock prior to July 1, 1975, and included as eligible lands in the master reclamation plan adopted pursuant to Section 378.021, F.S.

(11) “Eligible Parcel” shall mean those parcels mined or disturbed by the severance of phosphate rock, prior to July 1, 1975, which have been evaluated and determined to qualify for reimbursement grant funding, pursuant to Chapter 378, F.S., and Chapter 62C-17, F.A.C.

(12) “Establishment Stage” shall mean the period of time, after the Bureau has certified the revegetation complete, required to determine the probable survival of vegetative plantings – normally one year. This term shall also include approved erosion and vegetation maintenance activities.

(13) “Evaluation Methodology” shall mean the procedures used for the determination of parcel eligibility as set forth in the Report, “Evaluation of Pre-July 1, 1975, Disturbed Phosphate Lands.”

(14) “Executive Director” shall mean the chief administrative officer of the Department of Environmental Protection.

(15) “Finger Lakes” shall mean those elongate, parallel waterbodies, normally resulting from the reclamation of a mined-out area, separated in whole or in part by narrow uplands in such a way that their parallel elongate appearance is preserved.

(16) “Initiation of Reclamation Activity” shall mean the beginning of physical earthmoving or the activities necessary to achieve abandonment of a dam within the approved reclamation program boundaries.

(17) “Landowner” shall mean the titleholder of record of the affected land or the agent for the titleholder of record provided written authorization designating the agent and the specific scope of the agent’s authority is on file with the Bureau.

(18) “Mined-out Area,” for purposes of the reimbursement provisions of these rules, shall mean all eligible lands other than clay settling areas.

(19) “Nonmandatory Lands” shall have the meaning set forth in Section 378.032(8), F.S. Lands which are put into use after July 1, 1984, as a clay settling area or a dam for use with a clay settling area are not included as nonmandatory lands unless such lands were used for clay disposal between July 1, 1975, and July 1, 1984.

(20) “Other Landforms,” for the purposes of the reimbursement provisions of these rules, shall mean those parcels defined and identified in the Report as “Hydraulically Mined Areas,” “Sand Tailings Areas,” and “Other Areas” such as abandoned plant sites, mine roads, railroad rights-of-way, ditches and canals.

(21) “Parcel” shall mean a unit of disturbed land which is similar in landform and postdisturbance age and has been defined and identified by a unique number by the Bureau.

(22) “Parcel Evaluation” shall mean the examination of the physical features and conditions of a parcel pursuant to the evaluation methodology.

(23) “Prereclamation Application” shall mean a request by a Landowner for a nonbinding review of a proposed reclamation program, donation or purchase of an eligible parcel(s).

(24) “Primarily engaged in the mining or processing of phosphate ores” shall mean any company or corporation that is or has in the past engaged in the mining or processing of phosphate ores within the State of Florida.

(25) “Program Site” shall mean the parcel of land defined by a legal description and included in a reclamation program or reclamation program application.

(26) “Put Into Use” shall mean the date a clay settling area first receives waste clay material.

(27) “Reclaimed Landform” shall mean uplands, submerged lands, or wetlands included in or established under an approved reclamation program.

(28) “Reclamation Contract” shall mean the agreement entered into between the Department of Environmental Protection and the Landowner to implement the Landowner's approved reclamation program.

(29) “Reclamation Program” shall mean a specific reclamation proposal on an eligible parcel or portion of an eligible parcel presented by a Landowner.

(30) “Reclamation Program Application” shall mean any application for reclamation, donation, or purchase of an eligible parcel.

(31) “Report” shall mean the “Evaluation of Pre-July 1, 1975, Disturbed Phosphate Lands,” August 1980, including the Appendices and Map Book.

(32) “Revegetation” shall mean the providing of a diverse permanent vegetation, indigenous to the State, capable of self-regeneration which within a reasonable time will provide the appearance of a natural landscape. This term shall also include erosion control grasses.

(33) “Revegetation Stage” shall mean the period of time during which approved revegetation is normally done and extends from the date the Bureau certifies the earthmoving complete to the date the Bureau certifies the revegetation complete.

(34) “Staff” shall mean employees of the Bureau.

(35) “Substantial Completion” shall mean the point at which the Bureau certifies the revegetation complete.

(36) “Wetlands” shall mean the various types of habitats and vegetative communities which exist where the water table is at or above grade for portions of the year and shall include forested wetlands such as hardwood swamps, cypress swamps and domes, and nonforested wetlands such as wet prairies and freshwater marshes.

(37) “Year” shall mean the fiscal year of the State of Florida.

History

• Rulemaking Authority 378.021, 378.038, 370.021 FS. Law Implemented 378.021, 378.032 FS. History–New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.02, Amended 12-25-86, 6-13-91, Formerly 16C-17.002, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-17.003 Incorporation by Reference of the Evaluation Methodology, Identification and Parcelization of Lands and Results of Evaluation of Parcels

(1) The Report of the Department of Environmental Protection entitled, “Evaluation of Pre-July 1, 1975 Disturbed Phosphate Lands,” August, 1980, including the Appendices and Map Book, (henceforth referred to as the “Report”) is hereby incorporated into these rules to the extent that it:

(a) Identifies the lands subject to these rules;

(b) Subdivides these lands into parcels for evaluation purposes;

(c) Sets forth the methodology for evaluating the parcels for reclamation;

(d) Provides a summary of the evaluation of each parcel; and,

(e) Identifies those parcels determined eligible for consideration of reclamation reimbursement grant funding on the basis of the evaluation of the physical characteristics of the parcel.

(2) Notwithstanding the conclusions of the Report, the Department, pursuant to Rule 62C-17.004 and paragraphs 62C-17.003(1)(a), (b), and (c), F.A.C., has reevaluated the parcels below and has concluded that the eligibility characteristics of the parcels are as follows:

Parcel

Eligibility

Identification

Status

Landform

AGR-SC-07

Eligible

Mined Out Area

Highland Village

Ineligible

Mined Out Area

Wayne Thomas “M”

Ineligible

Mined Out Area

Agri-Leis-01

Ineligible

Mined Out Area

Agri-Leis-02

Ineligible

Mined Out Area

EGC-SC-F

Ineligible

Gypsum Disposal

BP-L-01

Ineligible

Mined Out Area

BP-L-02

Ineligible

Mined Out Area

Alva Carver

Ineligible

Mined Out Area

M. C. Leetun

Ineligible

Mined Out Area

Christina Commercial

Ineligible

Mined Out Area

EGC-SC-C

Eligible

Mined Out Area

(3) A copy of this report is on file with the Secretary of State. Copies may be obtained from the Department, at cost of reproduction, postage, and handling.

History

• Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.038 FS. History–New 3-24-82, Amended 1-10-85, Formerly 16C-17.03, Amended 6-13-91, 11-11-93, Formerly 16C-17.003, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-17.0035 Eligibility of Parcels

(1) The Department will presume that a property is eligible or ineligible to participate in this program from the perspective of site characteristics based on the conclusions contained in the Report.

(2) Notwithstanding the presumption of eligibility set forth in subsection (1), above, the Department will presume that the following lands are not eligible to participate in this program;

(a) Lands included in a reclamation program approved by the Department pursuant to Chapter 211, Part II, F.S., and subsequently determined to be abandoned pursuant to Chapter 211, F.S.,

(b) Any lands included in a reclamation program approved by the Department pursuant to Chapter 211, Part II, F.S., on or after July 1, 1978, and which have not been or will not be withdrawn from the approved reclamation program; and,

(c) Any lands put into use as a clay settling area or dammed for use with a clay settling area after July 1, 1984.

(3) Additional lands disturbed by the severance of phosphate rock prior to July 1, 1975, may be determined eligible or ineligible through Department re-evaluation or evaluation of a Request to Evaluate the Status of Disturbed Lands, as more fully set out in Rule 62C-17.004, F.A.C.

(4) Lands otherwise eligible but which have been included in a mitigation agreement resulting from a breach or alleged breach of either a reclamation program approved by the Department or any provision of Chapter 62C-16, F.A.C., are excluded from participation in this program.

History

• Rulemaking Authority 378.021, 378.034, 378.038 FS. Law Implemented 378.021, 378.034, 378.036, 378.038 FS. History–New 3-24-82, Amended 1-10-85, Formerly 16C-17.035, Amended 12-25-86, Formerly 16C-17.0035, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-17.0038 Parcel Inventory

History

• Rulemaking Authority 370.021, 378.021, 378.034, 378.038 FS. Law Implemented 378.034 FS. History–New 11-11-93, Formerly 16C-17.0038, Repealed 10-20-96.

Fla. Admin. Code R. 62C-17.004 Reevaluation of Parcels

(1) The Department recognizes that certain lands identified as being eligible or ineligible to participate in this program based on the conclusions contained in the Report may have changed characteristics since the publication of the Report. Therefore, the Department may reevaluate certain nonmandatory lands to determine their current eligibility status. All changes in eligibility, other than lands which have been reclaimed and certified as complete, shall be adopted by rule.

(2) Any Landowner who owns land which has been presumed eligible or ineligible or any substantially affected person, including the Department, may file with the Department a Request to Evaluate the Status of Disturbed Lands to rebut the presumption of the status or to determine the status of unevaluated property. Prospective applicants for reclamation of a site shall notify the Department of an intent to prepare a reclamation application prior to submittal of the application, for the purpose of permitting the Department to review the current status of the site.

(3) A Request to Evaluate the Status of Disturbed Lands shall include at least the following information:

(a) The name and address of the Landowner or other affected person filing the request;

(b) The name and address of all persons holding any interests in the property in question;

(c) If the Request concerns reevaluation of property included in a parcel evaluated in the Report, the parcel number used in the Report;

(d) A map showing the location of the property;

(e) A general description of the condition of the property at the time the Request is filed;

(f) A statement of whether the Landowner or the affected person requests the property to be declared eligible or ineligible under the program; and,

(g) The facts necessary to support the requested status. Where a property has not been previously evaluated, the statement of facts must include evidence that the property was disturbed by the severance of phosphate rock prior to July 1, 1975.

(4) A Request to evaluate the status of disturbed lands may be filed with the Department at any time. Requests for evaluation must be in compliance with subsection 62C-17.004(3), F.A.C., and shall be evaluated within five (5) years of the date the Request is deemed complete. The Request to evaluate shall include physical evidence of changes in or to the site which might indicate a change in eligibility.

History

• Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.038 FS. History–New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.04, Amended 12-25-86, 6-13-91, Formerly 16C-17.004, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-17.005 Prioritization of Reclamation Programs

(1) Reclamation program application prioritization shall be based on the following criteria; however, greater weight shall be given to one or more of the criteria depending on the overall needs of the nonmandatory land reclamation program:

(a) Whether there are existing Category 1, as defined in the Report, health and safety hazards, and if there are, they shall be given the greatest weight;

(b) Whether the economic or environmental utility or the aesthetic value of the land would return naturally within a reasonable period of time;

(c) Whether there is a reasonable geographic and applicant diversity in light of prior awarded reclamation contracts, reclamation program applications before the Committee, and the remaining eligible lands;

(d) Whether reclamation or acquisition is in the public interest;

(e) Whether the land has been naturally reclaimed or is eligible for acquisition by the State for hunting, fishing, or other outdoor recreation purposes, or wildlife preservation;

(f) Whether the land is to be reclaimed for agricultural uses and the applicant has agreed to maintain the lands in agricultural use for at least five (5) years after the completion of reclamation;

(g) Whether the program alone or in conjunction with other reclamation or acquisition programs will provide a substantial regional benefit;

(h) Whether the reclamation or acquisition program alone or in conjunction with other reclamation programs will benefit regional drainage patterns or is part of an overall reclamation plan identified for environmental land uses or the protection of diverse plant and wildlife communities;

(i) Whether the land is publicly owned and will be reclaimed for public purposes or whether the land is adjacent to or nearby publicly owned lands;

(j) Whether the applicant has demonstrated, by performance, the ability to accomplish quality reclamation in an economical, expeditious, and efficient manner;

(k) Whether the program includes a donation or agreement to sell a portion of the program application area to the State for outdoor recreational or wildlife habitat protection purposes;

(l) Whether the reclamation or acquisition program is cost-effective in achieving the goals of the nonmandatory land reclamation program;

(m) Whether the program will reclaim lands described in subsection 62C-17.009(5), F.A.C.;

(n) Whether the applicant has agreed to maintain the land in conformance with the standards and criteria of this rule and without substantial deviation from the approved program for a period of five (5) years following completion of the reclamation program; and,

(o) Whether any endangered or threatened species occupy the reclamation or acquisition program area and the extent to which they will be affected.

(p) Whether the landowner had submitted the notice of intent required by Rule 62C-17.0038, F.A.C.

(2) The criteria enumerated in subsection (1), above, shall be used to establish two (2) prioritized lists of applications for presentation to the Committee. One list of prioritized applications shall be made up of those reclamation programs to create lands to be actively used for agricultural activities which are submitted by applicants other than corporations primarily engaged in the mining or processing of phosphate ores for which there are available funds under the provisions of subsection (4) below. The other list of prioritized applications shall be made up of all other applications.

(3) Until 1995, the funds each year available for new reclamation contracts and new acquisition of nonmandatory lands shall not exceed twenty percent (20%) of the uncommitted fund balance of the Nonmandatory Land Reclamation Trust Fund at the beginning of each year.

(4) Each year, fifteen percent (15%) of the funds available for new reclamation contracts, as set forth in subsection (3) above, shall be reserved for reclamation programs to create lands to be actively used for agricultural activities which are submitted by applicants other than corporations primarily engaged in the mining or processing of phosphate ores. In the event that, in any given year, there are insufficient applicants that meet this criterion to use the funds reserved under this subsection, the remaining moneys may be made available to other applicants.

History

• Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.034 FS. History–New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.05, Amended 12-25-86, 6-13-91, 11-11-93, Formerly 16C-17.005, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-17.006 Minimum Size Reclamation Program

(1) To be acceptable for consideration, a reclamation program must contain a contiguous land unit which constitutes the following minimum fraction of the total parcel.

Parcel Size (Acres)

Minimum Program

20 or Less

Total Parcel

21-100 Acres

1/2 of Parcel but not less than 20 acres

101-200 Acres

1/3 of Parcel but not less than 50 acres

201-400 Acres

1/4 of Parcel but not less than 68 acres

401 or More

1/5 of Parcel but not less than 100 acres

(2) The Department may make exceptions to these minimums upon justification by the landowner and a finding by the Department that due to unique circumstances, a substantial regional benefit would result from the reclamation proposed.

History

• Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.038 FS. History–New 3-24-82, Amended 1-10-85, Formerly 16C-17.06, 16C-17.006, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-17.007 Duration of Reclamation Programs

(1) The Department recognizes that geographic extent, diversity of existing and proposed landforms and availability of fill and revegetation materials have a direct bearing on the time required for the completion of a reclamation program. Landowners are encouraged to complete reclamation programs in the most timely manner consistent with good quality work.

(2) Each reclamation program shall include a timetable for completion of each stage of the program.

(3) The following time periods are the maximum allowed durations for those programs not using sand tailings fill:

Acres In

Earth Moving

Revegetation

Establishment

Total

Program

Stage

Stage

Stage

Program

20 or less

6 months

1 year

1 year

30 mos.

21-100

1 year

1 year

1 year

3 years

101-200

2 years

1 year

1 year

4 years

201-400

3 years

1 year

1 year

5 years

401 or more

4 years

1 year

1 year

6 years

On parcels of four hundred (400) or more acres, the owner should give serious consideration to multiple programs within the parcel.

(4) Programs proposing to use sand tailings for fill material may have the maximum time period for the earthmoving stage extended by up to fifty percent (50%).

(5) Programs on clay settling areas required to submit applications, pursuant to subsection 62C-17.009(5), F.A.C., may have the maximum time period for the earthmoving stage extended by up to five (5) years.

(6) Programs on clay settling areas may have the initiation of the earthmoving stage begin prior to the certification of abandonment of the dams by the Florida Department of Environmental Protection.

(7)(a) The Department may approve the extension of any stage for good cause. The Landowner shall provide a detailed explanation of the good cause in any request for extension of any stage.

(b) Any approved extension of the duration of a stage of a reclamation program shall extend the duration of the total program by the amount of the extension of duration of the particular stage.

History

• Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.038 FS. History–New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.07, 16C-17.007.

Fla. Admin. Code R. 62C-17.008 Reclamation Standards and Criteria

(1) Safety.

(a) Site cleanup. Each program site shall be left in a neat, orderly condition by removing or adequately burying all debris, junk, abandoned equipment, abandoned structures or parts of structures, worn-out or unusable equipment or materials, as well as all footings, piles, pilings, and cables.

(b) Any existing structures, roads, pilings, or other artifacts on a program site which the Landowner anticipates retaining after reclamation shall be identified in the program application together with their proposed use.

(c) Should a Landowner demonstrate that slope requirements of this rule cannot be met, the Landowner shall identify any locations where a potential hazard exists or may exist and shall provide, in the program application, for the construction of a protective fence.

(2) Contouring. The proposed landforms after reclamation shall be those best suited to enhance the recovery of the land into natural appearing areas. Any identified use to be made of the area shall not conflict with the Local Comprehensive Plan or the Comprehensive Regional Policy Plan, adopted pursuant to Chapter 186, F.S.

(a) Upland slopes of any reclaimed land areas shall normally be no steeper than four (4ꞌ) feet horizontal to one (1ꞌ) foot vertical to provide for the safety of the general public. When reclaiming above-grade clay settling areas, Landowners are encouraged to incorporate a variety of slopes four (4ꞌ) feet to one (1ꞌ) foot or flatter to result in a rolling topography. For long continuous slopes, mulching, contouring, vegetation, or other suitable techniques shall be used to enhance stabilization. Should washes or rills develop after revegetation to such an extent that an erosion problem would result, the Landowner shall repair the eroded area prior to the program’s final certification of completion.

(b) Deviations from upland slopes of no steeper than four (4ꞌ) feet horizontal to one (1ꞌ) foot vertical shall be approved by the Department in those instances where:

1. The ownership boundary of the program site is such that this standard could be met only by excessive excavations resulting in undesirable water body depths or where excessive volumes of fill material would have to be imported to the sꞌite, or

2. There currently exist mature patches of desirable vegetation or desirable trees which could be expected to survive the reclamation activities and would contribute significantly to the recovery of the site.

(c) Any reclamation program in which a deviation from the slope requirements of this rule is necessary shall contain the request for a deviation, together with detailed dimensions of the requested deviation in the application for a reclamation program, as well as the reasons for the requested deviation. The use of sloping terraces is encouraged if a deviation from the slope requirement is necessary. The steeper terrace faces shall be separated from adjacent terrace faces as far as possible but at least ten (10ꞌ) feet horizontally. Terrace faces shall extend over no more than four (4ꞌ) feet vertically on any single terrace.

(d) The design of artificially created wetlands and waterbodies shall be consistent with health and safety; maximize beneficial contributions within local drainage patterns; provide aquatic and wetland wildlife habitat values; maintain water quality, both within the waterbody and downstream by preventing erosion and providing nutrient uptake; and, does not conflict with the Local Comprehensive Plan or the Comprehensive Regional Policy Plan adopted pursuant to Chapter 186, F.S.; enhance the potential for productive human use of the adjacent uplands. Waterbodies should incorporate emergent habitat, both deep and shallow water, naturally fluctuating water levels, high ratios of shoreline length to surface area, and a variety of shoreline slopes. Variety in configuration of both plan view and profile of waterbodies is encouraged within the reasonable limits of insuring that peninsulas and bays will be beneficial and useable features. The configuration known as “finger” lake(s) shall be approved where the submerged slopes are no steeper than four (4ꞌ) feet horizontal to one (1ꞌ) foot vertical from the design average water level out to six (6ꞌ) feet of water depth.

(e) Waterbodies shall be constructed with submerged slopes no steeper than four (4ꞌ) feet horizontal to one (1ꞌ) foot vertical from the design average water level out to six (6ꞌ) feet of water depth. Where practical, waterbodies constructed in parcels lying generally three (3) miles or more outside the corporate limits of municipalities should be constructed with approximately twenty percent (20%) of the design low water surface area less than six (6ꞌ) feet deep at design low water. Waterbodies constructed in parcels lying generally three (3) miles or more outside the corporate limits of a municipality and in excess of ten (10) acres and not constructed with twenty percent (20%) less than six (6ꞌ) feet deep shall be constructed with a minimum of one-half (1/2) of the lineal feet of shoreline having submerged slopes no steeper than six (6ꞌ) feet horizontal to one (1ꞌ) foot vertical from one (1ꞌ) foot above the design average water level out to six (6) feet of water depth. Those parcels lying generally three (3) miles outside the corporate limits of municipalities are more specifically identified by parcel number in the files of the Department.

(f) The Department shall approve deviations from paragraphs (d) and (e) above, when:

1. The ownership boundary and the existing landform to be reclaimed (amount of earth material above the water table compared to the extent of submerged void) preclude the meeting of the slopes required,

2. The proposed use of the reclaimed site is for construction of buildings and their attendant facilities and such proposed use is not in conflict with the Local Comprehensive Plan or the Comprehensive Regional Policy Plan, adopted pursuant to Chapter 186, F.S., or

3. The reclamation program is within an urban area defined by the affected local governing body through its Local Comprehensive Plan enacted in conformance with the Local Government Comprehensive Planning Act of 1975 (Chapter 163, F.S.).

4. Deviations in subparagraphs 2. and 3. above, shall not result in submerged slopes steeper than four (4ꞌ) feet horizontal to one (1ꞌ) foot vertical from shore out to six (6ꞌ) feet of water depth.

(3) Revegetation.

(a) Although the hydroperiod and soil type of lands to be reclaimed have been altered to the extent that the reestablishment of the historical order of plant succession may not be practical, it is the objective of these guidelines for revegetation to establish a diverse, productive, and natural appearing plant community within the limits of the land capability and various plant tolerances.

(b) The Landowner will develop a schedule for the proposed revegetation including species of trees, grasses and any shrubs to be planted; location and spacing of vegetation; and where necessary, a program for treating the soils to prepare them for planting. Furthermore, the Landowner shall provide a flexible planting schedule to insure an adjustment to the revegetation timetable when weather conditions or seasonal changes in the weather would be detrimental to the survival of the revegetation.

(c) A program site must have established ground cover on a minimum of eighty percent (80%) of the upland area excluding roads, groves, or row crops at the end of the establishment stage. Bare areas shall not exceed one-quarter (1/4) acre.

(d) All species used in revegetation shall be indigenous to the State except for upland grasses, and temporary ground cover vegetation.

(e) Each program site containing nonsubmerged land, excluding the greenbelt, shall have a minimum of three (3) different species of indigenous trees planted within its boundaries in sufficient and approximate equal numbers to provide an average minimum density of twenty (20) healthy trees per acre of nonsubmerged land at the end of the establishment stage. It is assumed that planted trees (bare-root seedlings) will experience a fifty percent (50%) mortality during the establishment stage. The trees may be concentrated onto no less than ten percent (10%) of the total nonsubmerged area, provided that the planting includes upland and transition zones (if any), and that no single area of the planting of trees-patch, greenbelt or windrow-be smaller than one-quarter (1/4) acre, and further, that no area without trees be greater than forty (40) acres.

(f) All submerged land features within the program site shall have a greenbelt of trees along a minimum of fifty percent (50%) of the perimeter of the feature. The greenbelt shall extend at least thirty-five (35ꞌ) feet, but not to exceed one hundred ten (110ꞌ) feet, upland from the highwater line of the feature. The greenbelt shall consist of a minimum of three (3) different species of trees. Both upland and water tolerant species shall be included. Survival density shall be two hundred (200) trees per acre. It is assumed that planted trees (bare-root seedlings) will experience a fifty percent (50%) mortality during the establishment period.

(g) Herbaceous wetland areas within the program site shall be revegetated with a minimum of five (5) indigenous species of wetland plants planted in approximately equal numbers, excluding cattails, primrose willow, and exotics. These plantings shall be spaced on three-foot (3ꞌ-foot) centers, and demonstrate fifty percent (50%) survival at the end of the growing season. Any acreage of cattails and/or primrose willows existing in an herbaceous wetland shall not exceed twenty percent (20%) of the total wetland acreage. Areas to be reclaimed as wooded wetlands shall be planted with a minimum of three (3) different species of indigenous trees in sufficient and approximately equal numbers to provide an average density of two hundred (200) healthy trees per acre at the end of the growing season. It is assumed that planted trees (bare-root seedlings) will experience a fifty percent (50%) mortality during the establishment period.

(h) A program site planted with trees on which livestock grazing will be allowed shall have the trees protected from the livestock by a fence of such construction as to reasonably protect the plantings for five (5) years.

(i) Programs designed wholly or in part as wildlife habitats must incorporate greenbelts on swales. The greenbelt should provide at least a thirty-five-foot (35ꞌ-foot) wide wildlife corridor on each side of the swale. All submerged features, including herbaceous and/or wooded wetlands, shall have a greenbelt according to paragraph (f) above. Wildlife habitats must utilize the upland forest requirements to maximize the habitat quality by planting upland forests adjacent to the greenbelt area or the submerged feature and thus utilize the edge effect of continuous cover from one type of vegetative cover to another type of vegetative cover. The Department shall waive the forty-acre (40ꞌ-acre) forestation requirement of paragraph 62C-17.008(3)(e), F.A.C., to permit the maximum utilization of upland forested areas to enhance the wildlife habitat. Where practical, wildlife habitats established on a program should be connected to any similar wildlife habitats on adjacent programs. Landowners electing to establish a wildlife habitat shall receive an enhanced priority recommendation after review of the reclamation application.

(j) For programs where wildlife habitat is all or a significant portion of the proposed use of the program site, the Landowner shall consult with the Florida Fish and Wildlife Conservation Commission and provide the results of this consultation to the Department as a part of the Landowner’s application. Slopes, revegetation, reforestation and erosion control requirements may be waived or modified by the Department in areas where such changes will benefit the overall plan for wildlife habitat restoration.

(4) Water quality.

(a) All waters of the state on or leaving the program site shall meet applicable water quality standards of the Florida Department of Environmental Protection, Chapter 62-3, F.A.C.

(b) Water within all wetlands and waterbodies shall be of sufficient quality to allow recreation or support fish and other wildlife.

(5) Drainage. To the extent feasible, the Landowner shall restore certain drainages as a desirable step toward the reestablishment of regional drainage patterns. These drainages are included, but are not limited to those highlighted in the Report.

(6) Deviations. Any deviations from standards and criteria which would minimize expenditures in excess of maximum reimbursable cost as provided for in Rule 62C-17.010, F.A.C., may be approved provided there is no significant impact on environmental quality.

(7) Additional work effort. Landowners proposing immediate use of a program site for such uses as silviculture, livestock grazing, agriculture crops, or development shall review subsection 62C-17.009(11), F.A.C.

History

• Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.038 FS. History–New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.08, Amended 12-25-86, 6-13-91, Formerly 16C-17.008, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-17.0085 Acquisition Standards and Criteria

(1) Acquisition applications for nonmandatory lands shall be considered with the reclamation applications for funding under the provisions of subsection 62C-17.005(3), F.A.C. The per acre cost of lands acquired under this program are subject to the limitations of Chapter 253, F.S., and shall not exceed the maximum allowable per acre cost established for reclamation in subsection 62C-17.010(3), F.A.C., unless the Department specifically determines that a payment in excess of this per acre cost is necessary and appropriate to effect the purposes of Chapter 378, Part I, F.S., and that such payment will not adversely affect the ability of the Department to reimburse Landowners for reclamation of eligible parcels in accordance with Chapter 378, Part I, F.S., and this Chapter 62C-17, F.A.C. Acquisition applications received by January 1 of each year shall be considered with the reclamation applications which are received by July 1 of that year.

(2) Acquisition applications may be filed by any interested person or the Department, and must identify a managing agency responsible for the management of the property after acquisition, and shall meet one or more of the following standards and criteria:

(a) Lands which have been or may be naturally reclaimed and which are suitable for hunting, fishing, or other outdoor recreational purposes;

(b) Lands which have been or may be naturally reclaimed and which provide valuable wildlife habitat;

(c) Lands which will serve the public interest because of the exceptional need to accomplish the particular reclamation and the Landowner is unable or unwilling to restore or reclaim the land in accordance with the master reclamation plan. Lands in this category shall consist of the following:

1. Lands which are needed for the reestablishment of a stream or river,

2. Lands which are necessary for the reestablishment of regional drainage,

3. Lands which may serve as wildlife or recreational corridors,

4. Lands which the state may wish to acquire for the preservation of an existing landform.

(3) Costs incurred during the preparation of an application for acquisition by the state are reimbursable. The applicant may apply for reimbursement of costs necessary to file the application, such as surveys, aerial photographs, appraisals, and application preparation. Any costs which are paid for by the Division of State Lands are not reimbursable to the applicant. Applicant’s reasonable and necessary eligible costs are reimbursable after the parcel is approved by the Department for acquisition within the funds available.

(4) Acquisition program applications which are approved by the Governor and Cabinet members and which qualify for funding under the provisions of Section 378.034, F.S., shall be transferred upon approval to the Division of State Lands for acquisition according to Chapter 253, F.S.

History

• Rulemaking Authority 378.021, 378.034, 378.036, 378.038 FS. Law Implemented 378.036 FS. History–New 1-10-85, Amended 12-3-85, Formerly 16C-17.085, Amended 12-25-86, 6-13-91, Formerly 16C-17.0085, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-17.009 Applications

The Department acknowledges that a significant number of Landowners have received approval of reclamation plans. The approval of reclamation plans, which are strictly conceptual in nature and not a precondition to reclamation program approval, does not offer any additional priority to reclamation program applications filed subsequent to these approved plans. In order to evaluate the extent of reclamation proposed, and the landforms proposed to result from the reclamation as early as possible; to evaluate acquisition proposals; to establish eligibility; to provide an estimate of reclamation cost; and otherwise assist the Landowner in submitting a reclamation program application prior to consideration by the Committee, applications for participation in the Nonmandatory Land Reclamation Program may be submitted in two stages – a prereclamation application and a reclamation program application.

(1) A prereclamation application shall be made on forms provided by the Department or in a manner which will clearly document the information required on the forms. Form DEP 53-010(16) “Prereclamation Application” is incorporated by reference into this rule with the effective date of November 1985. Copies of the form may be obtained from the Department.

(2) Landowners shall include their entire eligible ownership in any prereclamation application. In those instances where a Landowner’s prereclamation application encompasses less than a whole parcel and less than the Landowner’s ownership within that parcel, the prereclamation application shall identify any other anticipated reclamation program(s) for the remainder of his land in the parcel. In those instances where a Landowner’s prereclamation application contains more than one anticipated reclamation program, the Landowner shall identify his preferred priority for submitting the reclamation programs and the preferred year for submittal of each program application.

(3) The estimated cost of reclamation of each proposed reclamation program in each prereclamation application shall be developed by the Department using historical cost data from prior approved reclamation programs. This information will be made available to assist the Landowner in submitting a reclamation program application.

(4) The Department’s review of the prereclamation application is nonbinding in regards to the approval and funding of reclamation programs.

(5) Landowners shall reclaim all nonmandatory lands which were put into use as clay settling areas after July 1, 1975, and on or before July 1, 1984, under the Nonmandatory Land Reclamation Program. Landowners shall submit reclamation program applications within one hundred eighty (180) days after the land ceases to be used as a clay settling area. The requirements of this subsection are expressly contingent upon the availability of sufficient funds in the Nonmandatory Land Reclamation Trust Fund.

(6) Landowners should submit reclamation program applications to the Department by July 1 to allow sufficient time to review the application for completeness before November 1. All applications which are complete by November 1 will be evaluated and considered for funding.

(7) Within forty-five (45) days after initial receipt of a reclamation program application, the Department shall review each application and shall request submittal of all additional information necessary to complete the application. Within thirty (30) days after receipt of such additional information, the Department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. The Landowner shall be notified when his application is deemed complete or incomplete.

(8) Applications shall be made on forms provided by the Department. The Landowner shall submit a copy of the completed application which shall include all the information, certifications, aerial photographs, drawings, and reports certified by an engineer and/or surveyor registered to practice in the State of Florida, as applicable. Each application shall be signed and bear the seal of an engineer registered to practice in the State of Florida, except those applications involving only donation or purchase of nonmandatory lands. Form DEP 53-011(16) “Reclamation Program Application” is incorporated by reference into this rule effective April 1990. Copies of the form may be obtained from the Department.

(9) Each reclamation program application shall include a current list of names and mailing addresses of all adjacent Landowners within the parcel or within one hundred (100) feet of the program’s boundaries. The Department shall notify each identified adjacent Landowner of the application. In those instances where objections to said application are offered by an adjacent Landowner, the Department will notify the adjacent Landowner by certified mail of the date that the reclamation program application is to be submitted to the Committee so that the adjacent Landowner may attend the meeting to present objections to the Committee for consideration.

(10) Each application shall include a statement from the appropriate local government(s) that the proposed reclamation is consistent with the Local Comprehensive Plan and the Comprehensive Regional Policy Plan, adopted pursuant to chapter 186, F.S.

(11) In order to achieve the standards and criteria of rule 62C-17.008, F.A.C., and to facilitate the extra or special earthmoving or vegetation planting required for a specific land use planned by the Landowner which does not conflict with the Local Comprehensive Plan or the Comprehensive Regional Policy Plan adopted pursuant to chapter 186, F.S., the Department shall consider reclamation programs which will result in reclamation of units of eligible land for specific land uses, with additional earthmoving and vegetation plantings occurring during reclamation under the following circumstances:

(a) Reimbursement of the Landowner’s cost of reclamation from the Nonmandatory Land Reclamation Trust Fund shall not be more than the maximum reimbursable reclamation cost pursuant to rule 62C-17.010, F.A.C., to achieve the standards and criteria of rule 62C-17.008, F.A.C.

(b) The estimated cost of the reclamation to achieve the standards and criteria of rule 62C-17.008, F.A.C., shall be identified and agreed upon by the Landowner and Department prior to approval of the reclamation program. No funds from the Nonmandatory Land Reclamation Trust Fund shall be granted to reimburse any of the additional work effort.

(c) The application for a reclamation program shall set forth the total effort proposed by the Landowner including estimated cost and identification of the additional work to achieve reclamation for a specific use.

(d) The additional work effort shall be confined to earthmoving, earthen retaining structures, preparation for planting and cultivation of agriculture or silviculture crops, or additional vegetation which for reasons of efficiency and economy can be accomplished simultaneously.

(e) The Landowner shall maintain cost records which clearly set forth and separate the costs of eligible reclamation work for reimbursement and that additional work required for the specific use planned.

(f) The costs of water control structures, required as a condition for approval of a permit from a regulatory agency of the State of Florida or any other agency having jurisdiction over the application site, are reimbursable upon proof by the Landowner that the structure is required. The cost of artificial structures required to convey water from elevated clay surfaces to lower elevations may be reimbursable in those instances where it is necessary to prevent erosion. Structures should be designed to be as naturally appearing as possible. No other permanent structural work nor additional vegetation plantings will be included in the eligible reimbursable cost (examples – retainer walls, compaction costs, agricultural or silvicultural crops).

(g) Additional work effort performed shall conform to the standards and criteria of rule 62C-17.008, F.A.C.

(h) All work to be performed on the program site shall be included in the reclamation program application.

(i) Inspections, including final inspections, shall evaluate the entire work performed.

(j) In order to provide a means for the Landowner to achieve an agricultural land use involving the planting of agricultural crops and silvicultural crops, the Landowner must request, at the time of application, a waiver of the revegetation and establishment requirements of this rule to permit the immediate agricultural or silvicultural use. Agricultural and silvicultural plantings will be done at the Landowner’s expense. Earthmoving costs in excess of minimum standards will be at the Landowner’s expense, and must be identified in the application. If the Landowner does not anticipate utilizing the entire program or parcel for the agricultural or silvicultural use then that portion which is not in agricultural or silvicultural use must conform to all standards and criteria based on the acreage not utilized for agricultural or silvicultural use. The request for a waiver of the revegetation and establishment stages does not include pastures as an agricultural use. A Landowner must utilize at least ninety percent (90%) of the program upland acreage for agricultural enhancement. Those reasonable costs for soil amendments, in agricultural or silvicultural applications, are reimbursable when the revegetation and establishment stages are waived. All additional work effort shall be accomplished within the maximum stage duration limits set forth in these rules. It is the intent of these rules that the extra work effort is in addition to, and not in lieu of, the efforts necessary to meet the standards and criteria of rule 62C-17.008, F.A.C.

(12) In order to assure that the use of fill material from off-site sources will not adversely impact the reclamation of the off-site sources, the owner of the sources of the fill material must certify to the Department and the Department must be satisfied that the fill material to be used is absolutely surplus to the needs of the off-site source. This certification, when applicable, shall be included in the reclamation program application.

(13) Beginning with the funding for the 1985-86 year, the Department shall, by February 1 of each year, present to the Committee for its consideration the two prioritized lists required by subsection 62C-17.005(2), F.A.C., of the applications received by the preceding November 1. These lists shall include the Department’s recommendation and an estimate of the cost of each reclamation program or land acquisition.

(14) The Committee shall recommend to the Department approval, modification, or denial of reclamation program applications, associated cost estimates, and the Department’s recommended prioritized lists. The Committee’s recommendations on the prioritization shall be based on the criteria contained in rule 62C-17.005, F.A.C.

(15) The Committee’s recommendations shall be submitted to the Department by April 1 for final agency action by June 1 of each year. The Department shall approve, in whole or in part, the list of reclamation program applications in the order of priority in which such reclamation program applications are presented.

(16) The Department shall notify, in writing, the Landowners and appropriate local governmental entities of the Department’s final agency action on the list of reclamation program applications. Within thirty (30) days of final agency action, the Department shall offer reclamation contracts to each Landowner who received an approval in the order on the priority list to the extent that funds are available for that year. Each applicant shall have thirty (30) days from receipt of the contracts in which to execute the contracts. If the contracts are not executed within the thirty (30) days after receipt, the application shall be removed from the approved list for the current year. Reclamation contracts for additional approved programs may be offered if sufficient funds are available.

(17) Beginning in 1985, reclamation contracts may not be executed and available funds may not be committed after June 30 of the year for which a reclamation program application is approved by the Department.

(18) After receiving the approval of the Department, each reclamation program application for the acquisition of land shall be transferred to the Division of State Lands, which shall acquire the lands in compliance with acquisition procedures of section 253.025, F.S.

(19) All approved reclamation program applications which are not funded shall be considered by the Committee at its next meeting called for the purpose of approving and prioritizing applications, together with other reclamation program applications received by November 1 of that calendar year, provided a written request for consideration is received from the Landowner by the Department by July 1 of the same calendar year. Supplemental requests by the Department for additional information may be made to update the application. Substantial changes in the program may necessitate the submittal of a new application.

History

• Rulemaking Authority 378.021, 378.034, 378.038 FS. Law Implemented 378.021, 378.034 FS. History–New 3-24-84, Amended 1-10-85, 12-3-85, Formerly 16C-17.09, Amended 6-13-91, Formerly 16C-17.009, Amended 5-9-13.

Fla. Admin. Code R. 62C-17.0093 Reclamation Contracts

(1) Reclamation contracts offered Landowners, execution of which shall signify acceptance of the reclamation program as approved, shall be in duplicate, each of which shall for all purposes be considered an original.

(2) Reclamation contracts shall contain all modifications, if any, to the reclamation program which were not contained in the application or agreed to by the Landowner, in writing, prior to the reclamation program application’s approval by the Department. Form DEP-53-012(16) entitled “Reclamation Contract” is incorporated by reference into this rule with the effective date of the rule. Copies of the form may be obtained from the Department.

(3) Landowner executed reclamation contracts shall be returned to the Department within forty-five (45) days from the receipt of the contracts. The date the Department executes the contracts, on behalf of the Department, shall be the effective date of the reclamation program. The notice to proceed on the reclamation program shall be the return of one of the duplicate contracts.

(4) The amount of reimbursement for reclamation activities allowed in the reclamation contract shall be a grant of money equal to the estimated cost of the reclamation program as approved by the Department. In no event, however, shall the grant amount exceed the maximum amounts specified in rule 62C-17.010, F.A.C.

(5) Within three (3) months of the effective date of the reclamation contract and prior to any physical alteration of the program area or initiating of any dam abandonment procedures, the Landowner shall notify the Department of the date of initiation of reclamation activity. This date of initiation of reclamation shall be the anniversary date of the reclamation program from which the approved stage duration periods will be determined.

(6) Any approved reclamation program for which a reclamation contract has been executed shall be considered abandoned when:

(a) Initiation of reclamation activity does not begin within six (6) months of the effective date of the reclamation contract and the Department has not received and approved a written request for an initiation date time extension;

(b) There has been no physical reclamation activity after the initiation of reclamation for a period of one hundred twenty (120) consecutive days, without prior written approval of the Department, or

(c) The Landowner by act, or omission, or otherwise evidences an intent to not complete the reclamation program.

(7) Funds set aside for reimbursement of any reclamation contract which becomes void for the year approved shall become available for other approved reclamation programs prior to June 1 of that year if the Department elects not to complete the reclamation program.

(8)(a) The Department shall approve, deny, or approve with modifications time extensions, reclamation program modifications or amendments to the reclamation contract upon written request by the Landowner, provided:

1. The Landowner submits appropriate evidence of the necessity for the time extension, modification or amendment and all documentation requested by the Department,

2. The modification constitutes less than twenty percent (20%) of the total work effort under the approved reclamation program; and,

3. The modification does not substantially change the original character of the approved reclamation program scheme.

(b) The Department shall approve, deny, or approve with modifications all other reclamation program modifications. Stage duration periods of the reclamation program shall continue to run during the time involved in the time extension, modification or amendment consideration. Should a modification of the reclamation program be approved, the stage duration limits of the amended reclamation program shall be defined with consideration given to the lapsed time involved and the increase/decrease of work effort involved. Should a modification to a reclamation program be approved in which the work previously done pursuant to the original reclamation program be destroyed, the cost of the work destroyed shall not be a reimbursable cost under the reclamation contract.

History

• Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.035, 378.038 FS. History–New 1-10-85, Amended 12-3-85, Formerly 16C-17.093, 16C-17.0093.

Fla. Admin. Code R. 62C-17.0095 Reclamation Contracts Assignment

(1) Reclamation contracts are not assignable without the approval of the Department. The Department may approve the assignment of a reclamation contract if there is not to be any modification to the approved reclamation program. The Department must approve all assignments involving reclamation program modifications.

(2) Where, prior to the issuance of a certification of reclamation completion pursuant to rule 62C-17.013, F.A.C., and the expiration of any post reclamation conditions stipulated in a reclamation contract, a Landowner wishes to transfer, by sale or otherwise, fee title to lands which have been included in a reclamation contract and where the transferee desires the assignment of the reclamation contract to him, then the transferrer or transferee may request that the reclamation contract be assigned.

(3) Should the fee title of lands included in a reclamation contract be transferred, by sale or otherwise, to a new owner without the assignment of the reclamation contract, the Landowner named in the reclamation contract shall retain all obligations to perform under the reclamation contract. If the Landowner fails to perform under the reclamation contract, the Department shall take appropriate legal action to recover cost of damages.

History

• Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.035, 378.038 FS. History–New 1-10-85, Amended 12-3-85, Formerly 16C-17.095, 16C-17.0095, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-17.010 Reclamation Cost

(1) The Department acknowledges that a number of Landowners have received approval of their reclamation program applications prior to July 1, 1984 and therefore are not subject to the funding limits of chapter 378, F.S., as amended July 1, 1984. All actions on reclamation program applications approved by the Department prior to July 1, 1984 shall be governed by the appropriate statutes, rules and regulations in effect at the time of their approval.

(2) In establishing maximum reimbursable reclamation costs, the Department recognizes the existence of multiple landforms within certain parcels. Funding of such programs shall be on a prorata basis for each landform present in the parcel based on the acreage of each landform present. The Landowner shall submit an aerial photograph of the program site clearly indicating the boundaries and acreages of those lands. The outside toe of the dam shall be considered the outside boundary of a clay settling area.

(3) For the 1984-85 year the maximum reimbursable cost per reclaimed acre, based on prereclamation landforms identified in the Report or as determined as part of the Department’s re-evaluation of the parcel shall be $4,000.00 for mined-out areas and $2,500.00 for clay settling areas and other landforms. Commencing with the funding for the 1985-86 year, the maximum reimbursable cost per reclaimed acre for the respective landforms shall be the previous year’s maximum reimbursable cost per reclaimed acre adjusted for the percentage change in the Construction Cost Index as published by the Engineering News Record. The percentage change for the 1985-86 year shall be for the interval from July 1, 1984 to December 31, 1984. For the 1986-87 year and thereafter, the percentage change shall be for the twelve (12) month interval from the last month used to establish the prior year’s percentage change.

(4)(a) The reimbursement of reclamation costs for a program shall only include actual acres worked. It is recognized that there are instances in which a portion of a program site may not require modification to meet minimum standards. In such cases, the unaffected acreage shall be deleted from the program site acreage when calculating the maximum reimbursable cost of the reclamation program.

(b) In those instances where the Landowner’s estimate of cost exceeds the maximum reimbursable reclamation cost established in this rule, the reclamation program application may be considered by the Committee for recommendation of approval, modification or denial, within the funding limitations of this rule.

(c) In establishing recommended estimated cost of reclamation required by subsection 62C-17.009(14), F.A.C., the Department will recommend the lower of the estimated reclamation cost or the maximum reimbursable reclamation cost.

(5) Those reasonable and properly documented planning, engineering and surveying costs necessary for the preparation of the reclamation program application are reimbursable for those programs under a reclamation contract.

(6) The Department recognizes that time is an important factor in the reclamation of clay settling areas and that the dewatering and crusting phase is the most time consuming phase of the reclamation. In those instances where the landowner desires to initiate the dewatering phase of an eligible, nonmandatory, clay settling parcel or program prior to the submission or approval of an application for reclamation funding, the costs incurred for this activity are reimbursable to the landowner only after approval of a reclamation contract and compliance with the following conditions:

(a) The applicant must file a detailed plan for dewatering and crusting of the clay settling area including the methodology to be used, the estimated timetable to accomplish dewatering and dam abandonment, including breaching, and the estimated cost of the entire phase up to but not including any earthmoving. Form DEP 53-013(16) “Application for Approval of Early Dewatering of Clays” is incorporated by reference into this rule with the effective date of the rule. Copies of the form may be obtained from the Department.

(b) The applicant must secure approval, in writing, from the Department for the plan submitted in paragraph (a). No costs will be eligible for reimbursement which have been incurred prior to the Department’s written approval.

(c) The approval of the dewatering phase prior to the approval of a reclamation program application does not guarantee funding, a recommendation for funding, or any enhancement during the prioritization of applications.

(d) Costs which have been approved under an approved dewatering plan may be reimbursed only after approval of the reclamation program application by the Department and issuance of a reclamation contract. These costs shall be considered as part of subsection (5), above, for reimbursement purposes.

History

• Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.034, 378.035, 378.038 FS. History–New 3-24-84, Amended 1-10-85, 12-3-85, Formerly 16C-17.10, Amended 12-25-86, Formerly 16C-17.010.

Fla. Admin. Code R. 62C-17.011 Multiple Landowner Application

A Landowner whose geographic extent of ownership within a parcel will not satisfy the minimum reclamation size necessary for participation in this program and whose land cannot be shown to qualify for an exception to the reclamation program size requirements of rule 62C-17.006, F.A.C., is encouraged to join with any adjacent contiguous Landowner(s) in preparing an application for a reclamation program. Such application will require the same information as set forth for a single owner application. In addition to the information set forth in rule 62C-17.009, F.A.C., the multiple Landowners will be required to designate one of the Landowners as an agent for purposes of contact with the Department and to request and receive reimbursements. Also multiple Landowners shall provide a land boundary survey that clearly shows all ownership boundary lines and the program site boundary.

History

• Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.038 FS. History–New 3-24-84, Amended 1-10-85, 12-3-85, Formerly 16C-17.11, 16C-17.011, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-17.012 Inspections, Cost Reporting and Auditing

(1) Inspections.

(a) The Landowner, by executing the reclamation contract, authorizes the employees of the Department to enter upon the program site, upon prior notification to the Landowner, during normal business hours to inspect for compliance with the reclamation contract. All Department staff conducting inspections shall display appropriate identification and comply with all Landowner safety guidelines at all times.

(b) Informal inspections by the Department shall occur on an irregular basis at a frequency necessary to ensure compliance with the reclamation contract. All program sites shall be formally inspected at least quarterly. A formal inspection for purposes of reimbursement or certifying completion of reclamation to a particular stage or totally shall be made at the written request of and in the company of the Landowner.

(c) Prior to initiating nonreimbursable activities on the program site as permitted by subsection 62C-17.009(11), F.A.C., the Landowner shall notify the Department, in writing, of the anticipated initiation date of the nonreimbursable activities and request a formal inspection to ensure that the reimbursable activities performed prior to the nonreimbursable activities comply with the reclamation contract.

(d) The Landowner’s written request for a formal inspection shall include a certification signed and bearing the seal of an engineer registered to practice in the State of Florida, that the completed reclamation is in accordance with the reclamation contract.

(e) Upon receipt of the Landowner’s written request for a formal inspection, the Department shall within thirty (30) days conduct an appropriate inspection of the program site. If the inspection reveals that the program site is in compliance with the reclamation contract, the Department shall, within thirty (30) days, provide the Landowner an appropriate certification. Certification of reclamation completion to a particular stage shall constitute final action for that stage and subsequent inspections shall address subsequent reclamation activities and remedial actions such as correction of erosion problems or replanting of vegetation, if such is found necessary. Should the inspection reveal that the program site is not in compliance with the reclamation contract, the Department shall, within thirty (30) days, notify the Landowner by certified mail of the noncompliance. The Landowner shall, within thirty (30) days from the date of the certification of the notice, correct the noncompliance. A period longer than thirty (30) days to correct the noncompliance may be granted, in writing, by the Department upon the receipt of the Landowner’s written request. Once the noncompliance has been corrected, the Landowner shall request, in writing, an inspection to verify that the program site is in compliance. If noncompliance is not corrected within the allotted time, the Department shall take the appropriate action to foreclose on the mortgage or to collect the face value of the surety bond or letter of credit required by chapter 69I-44, F.A.C., and may recommend to the Department that the Department take charge of the program site pursuant to the reclamation contract and complete the approved reclamation program.

(f) Once the reclamation has been certified complete pursuant to rule 62C-17.013, F.A.C., inspections by the Department shall continue, if applicable, on an irregular basis and at least once per calendar year for a period of five (5) years after the date of the certification of reclamation completion to ensure compliance with the five (5) year alteration or agricultural use stipulations of the reclamation contract.

(g) The Department shall prepare a written report on each inspection and shall provide a copy of the report to the Landowner.

(2) Cost Reporting.

(a) The Landowner shall provide the Department with a certified report of program incurred costs and progress, on forms provided by the Department, made during each calendar quarter of a reclamation contract beginning three (3) calendar months after the effective date of the reclamation contract. Each quarterly report shall be due within thirty (30) days following the last day of each quarter. Form DEP 53-001(16) “Quarterly Planned and Expenditure Report” is incorporated by reference into this rule effective November 1985. Copies of the form may be obtained from the Department.

(b) For all programs involving the use of the Landowner’s employees, equipment, or inventorial materials and supplies to perform approved reclamation activities, the Landowner shall provide the Department, prior to submitting the first reimbursement request, detailed information to verify the reimbursable cost for labor, equipment and/or inventorial materials and supplies and to ensure compliance with “Reclamation Work Performed By Landowner” section of chapter 69I-44, F.A.C. Information required by the Department by way of illustration and not by way of limitation will be:

1. A listing of all job classifications or employee names, with a description of their duties, equipment and inventorial materials and supplies anticipated to be used in performing the reclamation indicating the per worked hour or item cost,

2. A detailed description of the procedures to be used to accumulate worked hours and quantities of supplies and materials used; and,

3. Copies of all forms to be used in accounting for and accumulating worked hours and quantities of supplies and materials used.

(c) Forms for Landowners’ cost reporting on reimbursement requests are included by reference into this rule effective November 1985. The following forms with titles are included: DEP 53-006(16) “Landowner’s Labor and Travel Cost Schedule,” DEP 53-007(16) “Landowner’s Stock Material Cost Schedule,” DEP 53-008(16) “Direct Material Purchases Schedule,” and DEP 53-009(16) “Landowner’s Equipment Cost.” Copies of all forms are available from the Department.

(3) Auditing.

(a) Fiscal records shall be maintained in a manner prescribed by chapter 69I-44, F.A.C.

(b) Audits will be performed as necessary to ensure compliance with the applicable rules and to certify reclamation cost.

(c) Prior to any audit, the Department shall give the Landowner notice of the proposed audit.

(d) The Department performing the audit shall prepare a written report on each audit and shall provide a copy of the report to the Landowner. The Landowner shall respond, in writing, to the findings and recommendations of the report within thirty (30) days of the certification of receipt.

History

• Rulemaking Authority 378.021, 378.035 FS. Law Implemented 378.021, 378.035, 378.038 FS. History–New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.12, Amended 6-13-91, Formerly 16C-17.012.

Fla. Admin. Code R. 62C-17.013 Reimbursement

(1) Reimbursement under this chapter is subject to chapter 69I-44, F.A.C.

(2) Landowners shall submit to the Department for prior approval all advertisements and bid or proposal documents to be used to solicit bids or proposals for any contractual service or commodity to be used to perform the approved reclamation program.

(3) After the Department has notified the Landowner that the program site is in compliance with the reclamation contract for the purpose of reimbursement, the Landowner shall provide the Department pursuant to chapter 69I-44, F.A.C., the documentation of cost incurred in performing the approved reclamation activities. The documented cost shall be summarized on forms provided by the Department. The Department shall, within thirty (30) days, review the documentation of cost submitted by the Landowner and if in order and proper, the Department shall authorize the appropriate reimbursement pursuant to the reclamation contract. The following forms are incorporated by reference into the rule and are effective with the effective date of the rule. Forms DEP 53-013(16) “Reimbursement Request Form, Preparation Instructions;” DEP 53-003(16) “Request for Reimbursement – Final Completion Method;” DEP 53-003(16) “Statement of Expenditures – Final Completion Method;” DEP 53-003(16) “Summary of Program Costs – Final Completion Method;” DEP 53-002(16) “Request for Reimbursement – Completion of Revegetation Method;” DEP 53-002(16) “Statement of Expenditures – Completion of Revegetation Method;” DEP 53-002(16) “Summary of Program Costs – Completion of Revegetation Method;” DEP 53-004(16) “Request for Reimbursement – Stage Completion Method;” DEP 53-004(16) “Statement of Expenditures – Stage Completion Method;” DEP 53-004(16) “Summary of Program Costs – Stage Completion Method;” DEP 53-005 (16) “Request for Reimbursement – Percentage of Completion Method;” DEP 53-005(16) “Statement of Expenditures – Percentage of Completion Method;” DEP 53-005(16) “Summary of Program Costs – Percentage of Completion Method.” All forms are available from the Department.

(4) When the final inspection of the program site indicates that the reclamation requirements of the reclamation contract have been met satisfactorily, and when the examination of the documentation of the cost of reclamation as reported by the Landowner indicates the costs are in order and proper, the Department is authorized to certify the reclamation completed.

(5) The certification of reclamation completion shall be recorded by the Landowner in the county in which the program site property is located. If the property is located in more than one county, the certification of reclamation contract completion shall be recorded in each county in which the property is located. Proof of recording the certification of reclamation completion must be provided to the Department prior to the Department’s authorization of the final reimbursement.

(6) The Department is authorized to take final agency action on all matters required of the Department pursuant to chapter 69I-44, F.A.C.

(7) Landowners shall use Department provided forms for the documented first mortgages, surety bonds or irrevocable letter of credits required, pursuant to chapter 69I-44, F.A.C. Forms DEP 53-014(16) “Nonmandatory Land Reclamation Mortgage,” DEP 53-015(16) “Nonmandatory Land Reclamation Surety Bond” and DEP 53-016(16) “Nonmandatory Land Reclamation Irrevocable Letter of Credit” are incorporated by reference into this rule and are effective with the effective date of the rule. These forms are available at the Department.

History

• Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.034, 378.035, 378.038 FS. History–New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.13, 16C-17.013, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-17.0115 Nonmandatory Land Reclamation Committee

History

• Rulemaking Authority 378.033 FS. Law Implemented 378.033 FS. History–New 1-10-85, Formerly 16C-17.115, 16C-17.0115, Repealed 10-20-96.

Chapter 62C-20 AQUATIC PLANT CONTROL PERMITS

Fla. Admin. Code R. 62C-20.0015 Definitions

History

• Rulemaking Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History–New 2-9-82, Amended 7-9-85, Formerly 16C-20.015, 16C-20.0015, Amended 5-3-95, Transferred to 68F-20.0015.

Fla. Admin. Code R. 62C-20.002 Permits ‒ Applications

History

• Rulemaking Authority 370.021, 369.20, 369.22, 369.25, 369.251 FS. Law Implemented 369.20, 369.22, 369.25, 369.251, 403.088 FS. History-New 5-8-77, Amended 2-9-82, 7-9-85, Formerly 16C-20.02, 16C-20.002, Amended 5-3-95, Transferred to 68F-20.002.

Fla. Admin. Code R. 62C-20.0035 Waters Exempt from Permitting

History

• Rulemaking Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History-New 2-9-82, Amended 7-9-85, Formerly 16C-20.035, 16C-20.0035, Amended 5-3-95, Transferred to 68F-20.0035.

Fla. Admin. Code R. 62C-20.0045 Criteria for Issuing, Modifying or Denying Permit Applications

History

• Rulemaking Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History-New 2-9-82, Formerly 16C-20.045, 16C-20.0045, Amended 5-3-95, Transferred to 68F-20.0045.

Fla. Admin. Code R. 62C-20.0055 Management Method Criteria and Standards, Operations and Reporting Requirements

History

• Rulemaking Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History-New 2-9-82, Amended 7-9-85, Formerly 16C-20.055, 16C-20.0055, Amended 5-3-95, Transferred to 68F-20.0055.

Fla. Admin. Code R. 62C-20.0075 Penalties

History

• Rulemaking Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088, 403.141, 403.161 FS. History–New 2-9-82, Formerly 16C-20.075, 16C-20.0075, Amended 5-3-95, Transferred to 68F-20.0075.

Chapter 62C-25 CONSERVATION OF OIL AND GAS: GENERAL

Fla. Admin. Code R. 62C-25.001 Introduction

The rules in this chapter and Chapters 62C-26 through 62C-30, F.A.C., are adopted to implement the provisions of Chapter 377, Part I, F.S., Regulation of Oil and Gas Resources.

(1) By accepting or renewing a permit under these rules, the permittee agrees to conduct all operations in accordance with Chapter 377, Part I, F.S., and these rules.

(2) Pursuant to Section 377.22(2), F.S., and in addition to these rules, the Department shall issue Orders dealing with all phases of exploration, development, and accounting of petroleum resources when such orders are necessary for the proper administration and enforcement of Chapter 377, Part I, F.S. (e.g., protect correlative rights, prevent waste).

(3) All persons holding permits pursuant to these rules shall allow the Department’s agents to examine at any time all records and facilities related to those permits. Inspections of records and papers shall be conducted during regular operating hours unless an emergency exists; other inspections may be conducted at any time.

(4) The Department’s agent shall be on call around the clock and shall supervise all field operations as necessary to enforce these rules and to verify that all alternate procedures and substitutions of equipment and materials afford protections similar to those specified in the permit.

(5) The Department shall authorize amendments to permits when site specific circumstances make the permit conditions ineffective or counterproductive or when a more effective method or technology has been developed. In such cases operators may orally apply to the Department’s agent for technical amendments to permits by discussing the problems and proposed alternatives with the agent. The agent shall grant the request if the proposed amendments afford equal protection and shall document such amendments on well inspection reports. If the agent cannot make a determination as to the effectiveness of the proposal, then the operator, at its discretion, may either drop the request or seek written authorization from the Department for a determination. Requests for amendments may be oral or written but the Department’s response shall be confirmed in writing.

(6) Unless otherwise specified in Chapters 62C-25 through 62C-30, F.A.C., all information required pursuant to Rule 62C-25.008, F.A.C., shall be submitted within 30 days of the triggering requirement.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.04, 377.21 FS. History–New 11-26-81, Formerly 16C-25.01, Amended 5-12-93, Formerly 16C-25.001, Amended 3-24-96, 4-29-13, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-25.002 Definitions

Unless the context otherwise requires, the words defined shall have the following meaning when found in Chapters 62C-25 through 62C-30, F.A.C.:

(1) ADMINISTRATOR (OIL AND GAS ADMINISTRATOR) shall mean the Department’s Oil and Gas Program Administrator.

(2) AGENT shall mean a professional employee of the Department acting on behalf of the Department.

(3) BARREL OF OIL shall mean 42 United States gallons of oil at a temperature of 60 degrees Fahrenheit, adjusted in accordance with generally accepted industry practices for basic sediment, water and other impurities.

(4) BLOWOUT shall mean a dangerous and uncontrolled eruption of oil, gas or other well bore fluids from a well.

(5) BLOWOUT PREVENTER shall mean the equipment designed for oil field use and installed at the wellhead to prevent a blowout.

(6) BOTTOM-HOLE PRESSURE shall mean the pressure in pounds per square inch at the face of the producing horizon as determined by means of an industry recognized pressure recording instrument.

(7) CASING PRESSURE shall mean the pressure at the surface built up between the casing and the tubing.

(8) CASINGHEAD GAS shall mean any gas produced with oil from an oil reservoir (see DRY GAS).

(9) CIRCULATION shall mean pumping a fluid down the drill stem and up the annulus to the surface in the process of rotary rig operations. REVERSE CIRCULATION shall mean pumping a fluid down the drill stem annulus and up the drill stem to the surface.

(10) CLASS II WELL shall mean any well which injects fluids:

(a) Which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection.

(b) For enhanced recovery of oil or natural gas.

(c) For storage of hydrocarbons which are liquid at standard temperature and pressure.

(11) COMMON CARRIER shall mean a pipeline, railroad, barge, truck or other transportation facility offering service for hire to remove oil, gas, and products derived from any producer to a designated purchaser, as opposed to a transporter who carries exclusively his own production of oil or gas.

(12) COMMON SOURCE OF SUPPLY shall mean a common accumulation of oil or gas or both.

(13) COMPLETION DATE shall mean the day, month, and year that a new well is either plugged and abandoned, or is tested for oil and gas and determined to be productive or nonproductive, or is tested as an injection well and is considered to be completed and suitable for injection use. The Department shall determine the well completion date when the operator fails to determine and report on the prescribed forms its completion, temporary abandonment, or abandonment within 30 days after the well has been drilled to total depth.

(14) CONDENSATE shall mean the liquid hydrocarbons produced by the condensation of a vapor or gas, either after it leaves the reservoir or while still in the reservoir. Condensate is often called DISTILLATE, DRIPS, WHITE OIL, etc.

(15) CONSERVATION shall mean conserving, preserving, guarding, or protecting the oil and gas resources of the State by obtaining the maximum efficiency with minimum waste in the producing, transporting, processing, refining, treating, and marketing of the unrenewable oil and gas resources of the State.

(16) CUBIC FOOT OF GAS shall mean that amount of gaseous hydrocarbons contained in a cubic foot of space at a base temperature of 60 degrees Fahrenheit and an absolute pressure of 14.65 lbs. per square inch, which temperature and pressure are referred to as the base temperature and pressure respectively.

(17) DAY shall mean a period of 24 consecutive hours, from 7:00 a.m. one day to 7:00 a.m. the following day.

(18) DEPARTMENT shall mean the State of Florida, Department of Environmental Protection.

(19) DRILLING MUD shall mean the liquid circulated through the wellbore during rotary drilling and workover operations, primarily to remove cuttings and prevent blowouts.

(20) DRILLING UNIT shall mean the block of land surrounding and assigned to a particular well and into which no other like well may be completed.

(21) DRY GAS shall mean natural gas obtained from formations that produce gas only, or natural gas which does not contain the heavier fractions which may easily condense under normal atmospheric conditions; not casinghead gas.

(22) ENHANCED RECOVERY shall mean the recovery of additional oil from a reservoir above the oil that could be produced using only existing reservoir energy. Enhanced recovery is accomplished by imparting man-made energy to the reservoir, usually by injecting fluids into the producing zone to maintain reservoir pressure and displace hydrocarbons, and includes secondary, tertiary, and exotic forms of recovery.

(23) FLOW LINE shall mean the infield surface pipe through which produced or pressure maintenance fluids travel to or from a well and the field processing equipment or storage.

(24) FRESHWATER shall mean any surface or ground waters of the State whose total dissolved solids content is less than 1,000 milligrams per liter.

(25) GATHERING LINE shall mean the pipe used in transferring produced fluids from field storage to the point of sale to a common carrier or other purchaser.

(26) GEOPHYSICAL SEISMIC INFORMATION shall mean that non-interpreted data defined in subsection 62C-26.007(2), F.A.C.

(27) HORIZONTAL WELL shall mean any well with a horizontal or nearly horizontal borehole within the productive interval.

(28) LEASE TANK shall mean the tank or other receptacle into which the oil is produced, either directly from a well or from a well through gas separator, gun barrel or similar equipment.

(29) LOCATION shall mean the place where a well is drilled and may, depending upon context, refer to either the wellbore or to the pad upon which the drilling rig is assembled.

(30) MONTH and CALENDAR MONTH shall mean the period or interval of time from 7:00 a.m. on the first day of any month of the calendar to 7:00 a.m. of the first day of the next succeeding month of the calendar.

(31) MUD PIT shall mean an earthen pit utilized to contain mud-laden fluid. Example: Reserve Pit.

(32) NONROUTINE DRILLING UNIT shall mean any drilling unit composed of unsurveyed land not divided into townships and sections, composed of irregular townships and sections, or composed of odd sized lots other than 40, 160, or 640 acres. See Rule 62C-26.004, F.A.C.

(33) NONROUTINE SPACING shall mean that the required amount of land surrounding an oil or gas well is uncommon in its size, shape, etc., and does not conform to subsections 62C-26.004(1) through (4), F.A.C.

(34) OPERATE shall mean to develop a lease and/or drilling or producing well, produce or transport produced fluids from a lease, dispose of saltwater via a Class II well, or inject fluids for pressure maintenance.

(35) OPERATOR shall mean any duly authorized person who is in charge of the development of a lease and/or a drilling or producing well.

(36) PRESSURE MAINTENANCE (see enhanced recovery) shall mean the injection of fluid(s) into a reservoir to maintain reservoir pressure.

(37) PURCHASER shall mean any person who directly or indirectly purchases, transports, takes, or otherwise removes production to his account from a well, lease, or common source of supply.

(38) RESERVE PIT (Tank) shall mean a pit (tank) utilized for storage of all excess wellbore and pad fluids produced during drilling.

(39) RESERVE CIRCULATION (See CIRCULATION).

(40) ROUTINE DRILLING UNITS are those units based on U.S. Government surveyed township and range lines and, for oil wells, are quarter-quarter or quarter sections (depending on well depth) and for gas wells of any depth, full sections.

(41) ROUTINE LOCATION or WELL shall mean an oil or gas well whose bottom hole position complies with subsection 62C-26.004(4), F.A.C. A routine oil well drilled to a depth of less than 7,000ꞌ feet has a bottom hole position no closer than 460ꞌ feet to the nearest drilling unit boundary while an oil well drilled to a greater depth has a bhp no closer than 920ꞌ feet to the nearest drilling unit boundary. A routine gas well of any depth has a bhp no closer than 1,360ꞌ feet to the nearest drilling unit boundary.

(42) ROUTINE SPACING shall mean well spacing based on the U.S. Government Township and Range System as described in Rule 62C-26.004, F.A.C. Routine spacings for oil wells are quarter-quarter sections for wells less than 7,000ꞌ feet deep and quarter sections for wells greater than 7,000ꞌ feet deep. Gas wells, regardless of depth, are assigned 640 acres.

(43) SECONDARY CONTAINMENT FACILITY shall mean any safety back-up system or structure(s) designed to contain spilled fluids in the event of an accident. Examples include firewalls, dikes, concrete platforms, hard packed clay drilling or producing pads or loading racks, drip pans, curbs, gutters, and drains.

(44) SENSITIVE ENVIRONMENTS shall mean those areas identified by commenting agencies during the Department’s external review process as especially susceptible to disturbances peculiar to the proposed activity. Sensitive environments may be related to species specific habitat or other ecosystems. Some examples are aquatic preserves, live bottom areas, water conservation areas, endangered or threatened species habitat, wetlands, etc.

(45) SEPARATOR shall mean an apparatus for separating oil, gas, water, etc., with relative efficiency as it is produced.

(46) SHUT IN PRESSURE shall mean the pressure noted at the wellhead when the well is completely shut in. Not to be confused with BOTTOM-HOLE PRESSURE.

(47) SPECIFIED MINIMUM YIELD STRENGTH shall mean the minimum yield strength expressed in pounds per square inch, prescribed by the specification under which the material is purchased from the manufacturer.

(48) SUBMERGED LANDS shall mean those lands overlain by the Gulf of Mexico, the Atlantic Ocean, the bays and estuaries, and all inland rivers, streams, and lakes within the territorial limits of the State.

(49) SURGE PRESSURE shall mean pressure produced by a change in velocity of the moving stream that results from shutting down a pump station or pumping unit, closure of a valve, or any other blockage of the moving stream.

(50) TOXIC GAS (SOUR GAS) shall mean any natural gas containing more than 50 parts per million of hydrogen sulfide.

(51) TYPE I WELL (or LOCATION) shall mean either a well which flows without artificial lift and has a gas-oil ratio greater than 200 cubic feet of gas per barrel of oil or a well whose produced fluids contain more than 50 parts per million of hydrogen sulfide.

(52) TYPE II WELL (or LOCATION) shall mean a well or location not classified as a Type I.

(53) TUBINGLESS COMPLETION shall mean any well equipped with 4.5 inch OD or smaller production casing and which is produced through the production casing without tubing.

(54) UNDERGROUND SOURCE OF DRINKING WATER (USDW) shall mean an aquifer or its portion:

(a) Which supplies any public water system, or

(b) Which contains a sufficient quantity of ground water to supply a public water system and:

1. Currently supplies drinking water for human consumption, or

2. Contains fewer than 10,000 milligrams per liter total dissolved solids and is not an exempted aquifer.

(55) WATERS shall include all ground and surface waters of Florida, both freshwater and saltwater, contained in lakes, rivers, streams, swamps, marsh basins, wetlands, bays, the Gulf of Mexico, and the Atlantic Ocean.

(56) WELL COMPLETION DATE (see COMPLETION DATE).

(57) WELL LOGS shall mean any record obtained by lowering an instrument into a well and recording some physical, chemical, or other property of formation fluids and rock matrix. Examples: electric log, radioactivity log, sonic log, temperature log.

(58) WELL RECORD shall mean Oil & Gas Form No. 8, as defined in Rules 62C-25.008 and 62C-27.002, F.A.C., of these rules.

(59) WELL SITE shall mean the surface location of the well and all attendant facilities necessary to produce, transport, treat, or store production from the well. Well site includes access road, drilling pad, reserve pit, flowline, and production pad, including separating or treating facility and tank battery. See location and routine location.

(60) WETLANDS shall mean those lands of the State of Florida which are overlain by water periodically, seasonally, or permanently.

(61) WORKOVER shall mean an operation involving a deepening, plug back, repair, cement squeeze, perforation, hydraulic fracturing, acidizing, or other chemical treatment which is performed in a production, disposal, or injection well in order to restore, sustain, or increase production, disposal, or injection rates.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.19, 377.22(2) FS. History–New 11-26-81, Amended 4-12-83, 8-1-83, Formerly 16C-25.02, Amended 6-4-89, 5-12-93, Formerly 16C-25.002, Amended 3-24-96, 4-29-13, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-25.003 Orders

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Formerly 16C-25.03, Amended 6-4-89, 5-12-93, Formerly 16C-25.003, Repealed 3-24-96.

Fla. Admin. Code R. 62C-25.004 Reports

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22 FS. History–New 11-26-81, Formerly 16C-25.04, Amended 6-4-89, 5-12-93, Formerly 16C-25.004, Repealed 3-24-96.

Fla. Admin. Code R. 62C-25.005 Inspections

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22 FS. History–New 11-26-81, Formerly 16C-25.05, Amended 6-4-89, 5-12-93, Formerly 16C-25.005, Repealed 3-24-96.

Fla. Admin. Code R. 62C-25.006 Permits

Each person who conducts geophysical surveys (unless exempted by Rule 62C-26.007, F.A.C.), drills an oil or gas related well (Rule 62C-26.003, F.A.C.), or operates an oil or gas related well (Rule 62C-26.008, F.A.C.), shall first obtain a permit from the Department.

(1) Ordinarily a single permit will be issued for drilling a well and either transporting test oil or injecting test fluids for a period of 90 days after testing is commenced. However, the Department reserves the right, on a well by well basis and depending on health and human safety or environmental sensitivity, to restrict a permit to drilling only and to require an operator to return to seek an operating permit (Oil & Gas Form 14) for transportation of test oil or injection of test fluids.

(2) Operating Permits (Oil & Gas Form 14; http://www.flrules.org/Gateway/reference.asp?No=Ref-02455, effective date 4-29-13) are required for each well not plugged and abandoned and shall be valid for the life of the well. However, every five years from the date of the permit, the Department shall perform a comprehensive field inspection and file review for each such well and operating permit to verify full compliance. Operating permits are written to authorize operators to use wells for their intended purpose and should be obtained during the testing phase.

(3) Existing permits authorizing the transportation of produced fluids from lease or the injection of fluids into subsurface formations are operating permits and must be re-certified in accordance with Rule 62C-26.008, F.A.C., within 5 years of the effective date of this subsection.

(4) Copies of permit application forms may be obtained by contacting the Department of Environmental Protection, Oil and Gas Regulatory Program, http://www.dep.state.fl.us/water/mines/oil_gas/forms.htm. Permit application forms shall be filed as required below:

(a) All persons seeking a permit to drill an oil or gas related well shall apply on Oil & Gas Form 3, Application for Permit to Drill, http://www.flrules.org/Gateway/reference.asp?No=Ref-02453, effective date 4-29-13, hereby incorporated by reference.

(b) All persons seeking a permit to conduct geophysical operations shall apply on Oil & Gas Form 4, Application for Permit to Perform Geophysical Exploration, http://www.flrules.org/Gateway/reference.asp?No=Ref-02454, effective date 4-29-13, hereby incorporated by reference and must meet all of the requirements for geophysical operators as specified in Rule 62C-26.007, F.A.C.

(c) Each well owner or operator intending to retain any new well as an oil and gas production well or service well, shall apply at least 60 days prior to drilling permit expiration for an operating permit on Oil & Gas Form 14, Application For Permit to Operate Well.

(5) The Department of Environmental Protection, Oil and Gas Regulatory Program, prefers electronic submittal of permit application materials.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.24 FS. History–New 11-26-81, Amended 8-1-83, Formerly 16C-25.06, Amended 6-4-89, 5-12-93, Formerly 16C-25.006, Amended 4-29-13, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-25.007 Amendments to Permits

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22 FS. History–New 11-26-81, Formerly 16C-25.07, Amended 6-4-89, 5-12-93, Formerly 16C-25.007, Repealed 3-24-96.

Fla. Admin. Code R. 62C-25.0075 Enforcement Actions

The Department will implement provisions of section 377.34, F.S., to enjoin and seek penalties for violations of chapter 377, F.S.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.34, 377.35, 377.36, 377.37 FS. History–New 8-1-83, Formerly 16C-25.075, Amended 6-4-89, 5-12-93, Formerly 16C-25.0075, Amended 3-24-96, 4-29-13, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-25.008 Forms

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22 FS. History–New 11-26-81, Amended 4-12-83, Formerly 16C-25.08, Amended 6-4-89, 5-12-93, Formerly 16C-25.008, Amended 3-24-96, Repealed 4-29-13.

Chapter 62C-26 CONSERVATION OF OIL AND GAS: PERMITTING

Fla. Admin. Code R. 62C-26.002 Performance Bonds and Securities

(1) Before a permit to conduct geophysical operations (see Rule 62C-26.007, F.A.C.), or to construct any oil or gas related well is granted, the owner or operator shall post a bond (Oil & Gas Form 2 or 2A) or other form of approved security (see subsection 62C-26.002(5), F.A.C.), with the Department. This security shall be made payable to the State of Florida, executed by the owner or operator as principal, and by a surety approved by the General Counsel of the Department, conditioned upon the owner or operator complying with all safety and environmental requirements of the Department and with the laws of the State of Florida.

(2) The amount of the security for each well shall vary in accordance with the table below and shall cover attendant facilities integral with the well and necessary for its production, including flowlines, tank batteries, and treating facilities. Should the well become a producer or class II well, a replacement security must be submitted to cover the well and its attendant facilities for its useful life. The total amount of coverage for each such well shall be twice the amount cited in the table below.

WELL DEPTH

SECURITY

(FEET)

REQUIRED

0 – 9,000

$50,000.00

9,001 or more

$100,000.00

(3) In lieu of furnishing a separate security for each particular well, an owner or operator may file with the Department a blanket bond for multiple operations within the State in the amount of $1,000,000.00. Each blanket bond may cover up to ten wells.

(4) The Department reserves the right to require a larger or separate bond or security in addition to the single well or blanket bond or security for a particular well or wells where the circumstances indicate that the standard condition and amount would not be sufficient to cover a reasonable estimate of potential liability for damages to persons or property.

(5) In addition to bonds, surety may also be provided to the Department in any of the following ways:

(a) By depositing cash or other securities in the Department of Environmental Protection Petroleum Trust Account. Such cash or securities shall be held at interest by the Comptroller to satisfy safety and environmental performance provisions of this section. The interest shall be credited to the Petroleum Exploration and Production Bond Trust Fund. Such cash or other securities shall be released by the Comptroller upon request of the applicant and certification by the Department that all safety and environmental performance provisions established by the Department for permitted activities have been fulfilled;

(b) By providing for a single well or geophysical permit a surety in the form of an irrevocable letter of credit guaranteed by an acceptable financial institution;

(c) By paying an annual fee to the Petroleum Exploration and Production Bond Trust Fund. For those choosing this option the following shall apply:

1. For the first year, or part of a year, of a geophysical or well construction permit, or upon the change of operator, the fee is $4,000.00 per application.

2. For each subsequent year, or part of a year, the fee is $1,500.00 per existing well or permit.

3. The maximum fee that an applicant or permittee may be required to pay into the trust fund for surety coverage is $30,000.00 per calendar year, regardless of the number of existing wells, permits, or applications for permits.

4. The Department shall, beginning July 1, 1993, biennially adjust these fees for inflation in accordance with the Construction Cost Index published by the Engineering News Record.

(6) The Department shall notify and give the permittee no less than 14 days to begin corrective action before escheating the security to rectify a major permit violation. Should the permittee not respond within 14 days or immediately upon notice if an emergency situation exists (e.g., blowout, flowline rupture), the Department shall take immediate remedial or corrective action without further notice. The permittee shall reimburse the trust fund for all reasonable sums expended from the trust fund for the purposes of responding to and taking any necessary remedial actions to correct said emergency.

(7) Upon written request of the operator, the Department shall release a security after all permit conditions have been satisfied by the operator and verified by the Department.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22, 377.2425, 377.244 FS. History–New 11-26-81, Formerly 16C-26.02, Amended 6-4-89, 5-12-93, Formerly 16C-26.002, Amended 3-24-96.

Fla. Admin. Code R. 62C-26.003 Drilling Applications

The permittee shall notify all carried working interests in accordance with Section 377.2411, F.S., and shall designate and distribute earnings owed unknown or unlocated owners in accordance with Section 377.247, F.S.

(1) Except as noted in subsection 62C-26.003(4), F.A.C., no person shall begin any work other than making environmental assessments or surveying at the site of a proposed drilling operation of any well without first obtaining a permit to drill as specified in Rule 62C-25.006, F.A.C. A separate permit is required for any viable bottom hole location not in compliance with subsection 62C-26.004(10), F.A.C.

(2) Each permit is valid for one year from the date of approval. If permitted activities are not begun within that time, the Department shall, upon written request of the permittee, extend the permit for an additional year. An additional fee of $1,000 is required for this extension. Subsequent requests for extensions shall be treated as new applications.

(3) All Applications For Permit to Drill (Oil & Gas Form 3) shall include an Organization Report (Oil & Gas Form 1; Rule 62C-25.008, F.A.C.), performance security (Rules 62C-25.008, 62C-26.002, F.A.C.), location plat (subsection 62C-26.003(7), F.A.C.), site construction plans (subsection 62C-26.003(9), F.A.C.), casing and cementing program (subsection 62C-26.003(5), F.A.C.), contingency plan if appropriate (subsection 62C-27.001(7), F.A.C.), and application fee (subsection 62C-26.003(8), F.A.C.). In addition to these items, an application to drill a nonroutine well shall include a lease map or document and a letter of justification, both as described in paragraph 62C-26.004(6)(d), F.A.C. Any of these items already on file with the Department may be included by reference.

(4) The application to drill shall be considered incomplete until the applicant requests a preliminary site inspection be made by the Department. Should the Department determine that the proposed site and access road are located on developed or highly impacted uplands, the prior-work prohibition in subsection 62C-26.003(1), F.A.C., shall not apply. However, the operator shall not spud the well until the permit has been granted.

(5) A proposed casing and cementing program must be included with the application to drill. This program shall at a minimum include setting depths, casing size, weight per foot, wall thickness, specified minimum yield strength, grade of pipe, class of cement to be used, cement additives, cement quantity, intended interval to be cemented, hole size, displacement method, special tools to be used, and calculated percent excess cement to be used.

(6) Hyphenated well numbers shall be assigned to wells so as to indicate the section, quarter section and, for wells based on 40 acre spacing, the quarter-quarter section within the drilling unit. The first number shall indicate the section, the second the quarter section (1-2-3-4 counter-clockwise from the northeast quarter), and the third number shall designate the quarter-quarter section. Wells based on other sized drilling units will be numbered by the permittee so as to avoid confusion with routinely numbered wells.

(7) Each application shall be accompanied by a location plat surveyed and prepared by a registered land surveyor licensed under Chapter 472, F.S. All such plats shall meet the minimum technical standards for land surveys as specified in Chapter 61G17-6, F.A.C., and must:

(a) Be drawn to a scale sufficient to show the required detail, preferably 1 inch = 1,000 feet.

(b) Show and provide a legal description of all mineral acreage within the drilling unit which is not under lease to the applicant.

(c) Show the exact well location (both surface and bottom if different) and unit acreage within the drilling unit and indicate distances to adjacent wells, drilling unit boundaries, quarter-section corners, rivers and other prominent features. With prior notice and explanation to the Department, other established lines, reference points, or methods may be used when section corners are unavailable and an inordinate amount of preliminary surveying would have to be done to establish section corners or other standard reference points. In any case, a standard survey or equivalent with plat shall be made prior to obtaining an operating permit.

(d) Show ground elevation, with tolerances, at the drill site.

(e) State whether the proposed drilling unit is routine or nonroutine and specify the applicable subsection of Rule 62C-26.004, F.A.C., under which the well is located.

(8) Each application to drill shall be accompanied by a $2,000.00 processing and regulatory fee (check made payable to DEP) for costs incurred by the Department through well completion or plugging. If not plugged and abandoned, the operator must obtain an operating permit pursuant to Rule 62C-26.008, F.A.C. There is no additional permitting fee for deepening or sidetracking when done prior to plugging provided the bottom hole location conforms to permit specifications.

(9) An operator must obtain a new permit prior to deepening or sidetracking a well when the resultant bottom hole location will not conform to the existing permit spacing requirements (see Rule 62C-26.004, F.A.C.), or when reentering a plugged and abandoned well. In any case submittal of Form 3 with plat and new application fee is required.

(10) The applicant shall describe the provisions made for locating and constructing roads, pads, utility lines and other facilities needed for drilling operations and shall make every effort to minimize related impacts. Applications for permits in wetlands, submerged lands, and other sensitive areas shall be reviewed in accordance with Rule 62C-30.005, F.A.C.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.24, 377.245, 377.27, 377.28 FS. History–New 11-26-81, Amended 8-1-83, Formerly 16C-26.03, Amended 6-4-89, 5-12-93, Formerly 16C-26.003, Amended 3-24-96.

Fla. Admin. Code R. 62C-26.004 Well Spacing and Drilling Units

(1) Field Wells. Wells drilled in existing fields shall be spaced in accordance with the special field rules adopted as orders by the Department. Where no such orders exist, general spacing subsections 62C-26.004(2) through (5), F.A.C., shall apply.

(2) Exploratory Wells. Exploratory oil wells drilled to a depth of less than 7,000 feet shall be located on 40 acre units; exploratory oil wells drilled to a depth greater than 7,000 feet shall be located on 160 acre units. All gas test wells, regardless of depth, shall be located on 640 acre units.

(3) Drilling Units. Routine drilling units shall be based on the U.S. Government Surveyed Township and Range system. This system will be utilized to space wells as specified in subsection 62C-26.004(4), F.A.C.

(a) No drilling unit shall contain more than one currently producing well in the same pool or be attributed in whole or in part to any other producing well in the same reservoir except where provided for by special field Rules or by subsection 62C-26.004(5), F.A.C.

(b) All routine drilling units shall be shaped so that all diagonals lie wholly within the unit with the length of the longest diagonal not exceeding 125% of the length of a diagonal of a square containing the same number of acres as the unit. All other drilling units shall be created in accordance with subsection 62C-26.004(5), F.A.C.

(4) Well Locations within Drilling Units: Surface locations shall be determined by surface conditions and shall be located where they cause the least surface disturbance and do not result in drainage or other environmental problems.

(a) Routine oil test wells drilled to a depth of less than 7,000 feet shall have a bottom hole location no closer than 460 feet to the nearest drilling unit boundary; oil test wells drilled to more than 7,000 feet shall have a bottom hole location no closer than 920 feet to the nearest drilling unit boundary.

(b) Routine gas test wells or gas condensate wells shall have a bottom hole location no closer than 1,320 feet to the nearest drilling unit boundary.

(c) Should the bottom hole location of any producing well not meet the spacing requirements in Rule 62C-26.004, F.A.C, and where such location was not approved as a condition of the drilling permit, the well shall be considered a nonroutine location as defined in subsection 62C-26.004(5), F.A.C., and the operator shall apply for a nonroutine location as outlined therein. No such well shall be produced, except for testing, prior to meeting the criteria defined in subsection 62C-26.004(5), F.A.C.

(5) Horizontal Wells and Associated Drilling Units (Wells Deeper Than 7,000 Feet).

(a) No producing section of any well may be closer than 1,840 feet to another productive well.

(b) All ten acre blocks, each being one-sixteenth of a routine 160 acre drilling unit, whose nearest boundary is within 920 feet of the productive section of a horizontal well shall be included in the unit. Horizontal wells with productive sections penetrating the 400 foot square in the center of a routine drilling unit shall include the entire 160 acre unit.

(c) Productive horizontal wells shall be unitized as soon as possible after testing is completed.

(d) Horizontal wells shall be numbered according to the quarter section of the entrance to the producing formation.

(e) A Directional Survey shall be run from the surface casing shoe to total depth and shall be filed with the Administrator within 30 days after logging.

(f) The special requirements for non-routine drilling units and wells shall apply to horizontal wells.

(6) Nonroutine Drilling Units and Wells. The Department may grant drilling permits within shorter distances to adjacent drilling unit boundaries or on different drilling units than those prescribed in this rule whenever the Department determines that such steps are necessary to protect correlative rights or to prevent waste.

(a) Applicants seeking permits for nonroutine wells or drilling units must include in the application the names and addresses of all substantially affected parties (offsetting mineral-interest owners, operators, and lessees).

(b) The Department shall determine whether the nonroutine well or unit is necessary to prevent waste as defined in Section 377.19(10), F.S., or to protect correlative rights, and shall grant, deny or condition the permit on that basis.

(c) The Department shall advise all substantially affected parties, whose names and addresses appear on the application or who have so requested in writing to the Department, of its proposed final agency action. Such notice shall be given to the affected parties no later than 28 days prior to final agency action by the Department.

(d) In addition to the documents required for a routine application, the applicant shall submit a letter explicitly stating what action the applicant wishes the Department to take and why. Supporting material shall include any studies, data, cross sections, maps, plats, or other available documents which support or explain the request. All interpreted geologic data shall be signed by a geologist licensed under Chapter 492, F.S.

History

• Rulemaking Authority 377.20, 377.22 FS. Law Implemented 377.25, 377.26, 377.27 FS. History–New 11-26-81, Formerly 16C-26.04, Amended 6-4-89, 5-12-93, Formerly 16C-26.004, Amended 3-24-96.

Fla. Admin. Code R. 62C-26.007 Geophysical Applications

(1) Intent. This regulation shall govern all geophysical activities utilized in the exploration for hydrocarbons and other minerals. The Department intends to permit these activities provided they are conducted so as to minimize damage to all other resources.

(2) State Owned Lands. Whenever geophysical activities are conducted on state owned mineral lands, the permittee shall furnish a copy of all non-interpreted information derived from the permitted activity. All confidential information shall be conspicuously marked and, upon written request, shall be held confidential for a period of ten years as specified in Section 377.2409(1), F.S., and shall be exempt from the requirements of Section 119.07, F.S.

(3) Applications. No person shall engage in geophysical operations until that person has obtained a permit from the Department. To apply, the applicant must submit an Application (Oil & Gas Form 4), Organization Report (Oil & Gas Form 1), approved security (see subsection 62C-26.007(5), F.A.C.), a non-refundable application processing fee of $500.00 and, if the survey uses explosives, an additional non-refundable observer coordinator fee of $1,000.00 for the first week of field work (see paragraph 62C-26.007(6)(a), F.A.C.), and two plat maps described below.

(a) Two plat maps: a detailed plat map showing the location of lines along which geophysical operations are to be conducted, and a generalized plat map for public distribution showing the general vicinity of the geophysical program. Permittees shall use Florida DOT county road maps (1 inch = 2 miles) for local exploratory programs and USGS topographic maps (1:250,000 or 500,000) for regional geophysical programs conducted on road rights-of-way. Symbols used for survey lines on highway rights-of-way shall be different from those used for offroad survey lines. Plat maps are to be accompanied by a copy of a complete, detailed plan of operations for all work to be done, including personnel, equipment, energy sources, use of explosives, restoration activities, etc.

(b) Use Agreement. A statement agreeing to obtain written approval from the Division of State Lands prior to conducting field operations.

(4) Permits. Permits issued by the Department shall be valid for one year from the date approved. The permit may be renewed for up to one additional year provided no substantive changes are requested. A fee of $250.00 is required for renewal.

(a) Work Notice. The operator shall notify the Department’s agent not less than seven days prior to starting operations.

(b) Well Evaluation. Downhole geophysical well evaluation conducted through an existing well bore does not require a permit but operators are required to submit copies of logs as specified by subsection 62C-27.007(2), F.A.C.

(5) Bonds. The applicant shall post with the Department a bond or other form of approved security as required by Rule 62C-26.002, F.A.C. The amount of the security shall be $25,000.00 per field crew or a $100,000.00 per operation. Operators who have a blanket bond for oil wells (Oil & Gas Form 2A) on file may attach to it a Geophysical Rider (Oil & Gas Form 5A) to effect the required coverage. Using a vibrator source along highway rights-of-way will be considered a one-crew party.

(6) Operational Requirements.

(a) Uplands. It is the intent of the Department to insure that all geophysical activities are conducted in a manner to minimize environmental damage and disturbance to wild life, especially threatened or endangered species and their habitats.

1. Observers. The applicant shall provide independent third party observers as required by Section 377.2424(3), F.S. Observers shall be paid directly by the permittee and shall witness all drilling, loading, detonating, and plugging of all shot holes, maintain log books, witness all remedial operations to neutralize unexploded charges, and verify that the permittee has removed from the site all equipment, trash, debris, and materials resulting from the permitted activity.

2. Shot Point Maps. Prior to drilling and loading, the applicant shall provide a map showing all intended shot points and, within 10 days of completion, update the map to show actual shot points. This location map shall be on an aerial photographic base at a scale sufficiently large, preferably 1 inch to 400 feet, to allow reoccupation of all shot points.

3. Explosives. All persons conducting geophysical operations who use explosives shall be licensed pursuant to Chapter 69A-2, F.A.C. The loading and shooting of all charges, including nondetonating charges, shall be handled as instructed by the State Fire Marshal, Bureau of Explosives and Fire Equipment.

a. Depth of Charges. The minimum required depths of charges detonated in holes below the land surface are shown below. No part of the charge shall be above the minimum required depth.

1 pound or less

10 feet below the surface

Up to 05 pounds

20 feet below the surface

Up to 20 pounds

40 feet below the surface

Up to 30 pounds

50 feet below the surface

Up to 40 pounds

60 feet below the surface

Up to 50 pounds

70 feet below the surface

More than 50 pounds

100 feet below the surface

(b) Sensitive Environments. Great care shall be taken to do all work in such a way as to absolutely minimize environmental damage. Clearing shall be kept to a minimum, existing roads and trails shall be used to the greatest extent possible, work parties shall minimize multiple passes over sensitive areas, and tree islands shall be avoided. In addition, all ruts shall be repaired and a monitoring plan developed to measure line reclamation and prevent ORV recreational use of restored lines.

1. Vehicles. Only vehicles designed to minimize surface impacts shall be used. Routes shall be carefully chosen to avoid damage; submerged grassbeds and dense stands of cypress shall be avoided.

2. Staging Areas. Wetlands shall not be used for staging areas unless the applicant demonstrates to the Department that there is no other practical alternative.

3. Vessels. Vessels shall be used so as to minimize damage to all marine life and shall be operated in strict accordance with posted speed and other restrictions.

a. Transportation. The permittee shall provide transportation necessary for the Department’s agent to inspect the vessel and working area as specified in the permit.

b. Fish Kills. The permittee shall immediately report and dispose of any fish killed in conjunction with geophysical operations.

(7) Plugging. Shot holes shall be plugged in accordance with the rules of the jurisdictional water management district and the top two feet plugged with native material. If artesian conditions are encountered, drilling shall be discontinued immediately and the hole plugged in accordance with instructions provided by the water management district. Upon completion of operations, the permittee shall file a shot hole map notated with plugging procedures together with Oil & Gas Form 7 as specified below.

(8) Reclamation. When geophysical activities under any permit have been concluded, the permittee shall remove from the site all trash, debris, equipment and materials and shall reclaim the area to the general condition and contour existing prior to permitted activities. The operator shall notify the Department using Oil & Gas Form 7, Geophysical Completion Notice, incorporated by reference in Rule 62C-25.008, F.A.C., when reclamation activities are concluded.

(9) Revocation of Permit. Any violation of these rules may result in the suspension or revocation of any violated permit pursuant to Rule 62C-25.0075, F.A.C., and Section 120.60, FS., or may result in civil penalties pursuant to Sections 370.021 and 377.37, F.S.

History

• Rulemaking Authority 377.021(1), 377.22, 377.242 FS. Law Implemented 377.22, 377.2408, 377.2409, 377.242, 377.2424, 377.2426 FS. History–New 5-10-84, Amended 4-23-85, Formerly 16C-26.07, Amended 12-23-86, 6-4-89, 5-12-93, Formerly 16C-26.007, Amended 3-24-96, 5-9-13.

Fla. Admin. Code R. 62C-26.008 Operating Applications

All required forms are incorporated by reference in Rule 62C-25.008, F.A.C.

(1) Before any company may use a well for its intended purpose (produce oil, dispose of saltwater, inject fluids for pressure maintenance, hold for future use, etc.), it must first obtain a permit to operate that well. For purposes of this rule, existing permits authorizing operators to conduct these activities shall be considered new operating permits coinciding with the effective date of this rule.

(2) Operating Permits shall be valid for the life of the well so long as the operator complies with the conditions of the permit and these rules. However, each operating well and permit must be re-certified every five years from the permit date. Operators wishing to continue operations beyond that time must request re-certification no later than 90 days prior to the end of the permit term. The Department shall complete field and file inspection reviews within 90 days following receipt of a request for re-certification and verify that operators have and are complying with all applicable Department rules. Should any discrepancies arise, operators will be given an opportunity for correction pursuant to Rules 62C-25.007 and 62C-25.0075, F.A.C. If the operating permit is not re-certified, no further operation shall be authorized on the well site other than those operations which are necessary to plug, abandon, and restore the well site.

(3) Each new application and subsequent re-certification for an operating permit shall consist of the following:

(a) Oil & Gas Form 14, Application For Permit to Operate Well;

(b) Application fee of $2,000.00;

(c) Continued or Revised bond or security coverage (Rule 62C-26.002, F.A.C.), as appropriate;

(d) New or revised Spill Prevention and Clean Up Plan (Rule 62C-28.004, F.A.C.), as appropriate;

(e) New or revised Flowline specifications and installation plan (Rule 62C-28.015, F.A.C.), as appropriate;

(f) Secondary Containment Facility Certification (subsection 62C-28.004(4), F.A.C.), if not already on file and current;

(4) An Operating Permit shall not be issued by the Department unless all reporting and data submission requirements have been met. These requirements are:

(a) Oil & Gas Form 8, Well Record with driller’s log (Rule 62C-27.002, F.A.C.);

(b) Oil & Gas Form 9, Well Completion Report (Rule 62C-28.010, F.A.C.);

(c) Oil & Gas Form 10, Monthly Well Production and Test Report (Rules 62C-25.004, 62C-28.011, and 62C-28.013, F.A.C.). Test oil should also be reported on Oil & Gas Form 10.

(d) Oil & Gas Form 10A, Monthly Injection Well Report (Rule 62C-28.013, F.A.C.);

(e) Copies of all mud logs, well logs, samples, cores, core analysis reports, and directional surveys (Rule 62C-27.002, F.A.C.).

(5) The Department shall inspect all wells, flowlines, and facilities during construction and again when applicants seek re-certifications for their operating permits.

(6) A new operating permit shall not be required to change an operator of record (Oil & Gas Form 3A; Rule 62C-26.006, F.A.C.).

(7) Subsection 62C-27.001(2), F.A.C., Continuous Operations, shall apply equally to existing wells for which operating permits have been granted.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22, 377.24, 377.245, 377.27 FS. History–New 5-12-93, Formerly 16C-26.008, Amended 3-24-96.

Chapter 62C-27 CONSERVATION OF OIL AND GAS: DRILLING

Fla. Admin. Code R. 62C-27.001 General

(1) Identification of Wells. Every person drilling or operating an oil or gas well shall keep posted in a conspicuous place near the well a sign legible from 100 feet and displaying the name of the operator, fee owner, well number, Department permit number, county name, section, township, and range. This sign shall remain until the well is plugged and the site restored.

(2) Continuous Operations. Once commenced, drilling operations shall not be suspended except in emergency situations created by hurricanes, flooding, fire, etc. and shall be resumed as soon as the emergency passes. All wells under construction on which drilling activities have been suspended in non-emergency situations shall be considered abandoned and shall be plugged in accordance with Rule 62C-29.009, F.A.C.

(a) Shut-in Periods. Every well not plugged and abandoned must have an operating permit. Once an operating permit has been granted, the operator may shut the well in for the life of the operating permit after first pressure testing the well in accordance with Rule 62C-29.007, F.A.C. Every shut in well must be retested prior to recertification of its operating permit.

(b) Security. All shut in wells shall be continuously covered by security as specified in Rule 62C-26.003, F.A.C.

(3) Reporting Requirements. The operator shall submit to the Department a Well Record (Oil & Gas Form 8), abbreviated driller’s log, a cut of all samples and cores taken, a complete set of all well logs, a mud log, and a core or sample analysis report, if made.

(a) Logs. The operator shall keep at the well site a complete driller’s log and a copy of all well logs run on the well.

(b) Water Quality Analysis. If necessary to determine the depth to the base of the deepest USDW, the Department shall require resistivity and porosity logs be run before setting surface casing and a representative water sample taken immediately after drilling out of the surface casing.

(4) Mud Tanks, Reserve Pits, and Dikes. Before spudding the well, mud tanks of sufficient size to hold the active mud volume at the surface shall be installed for containment of all active drilling fluids. Earthen mud pits shall not be used for this purpose.

(a) Additional Requirements. In national and state forests and parks, in wetlands, and in other sensitive areas, prefabricated tanks and drip pans shall be required for the containment of all waste fluids and, on a site specific basis, reserve pits must be either lined with impermeable material or reserve pit fluids intermittently pumped down the wellbore to reduce hydrostatic head.

(b) Pit Volume. If the volume of fluid in the reserve pit exceeds 75% of pit capacity, all drilling operations shall be suspended until additional pit volume is provided or the level reduced.

(c) Dikes. Dikes of sufficient size and strength to prevent rain water from washing onto and inundating pads and to contain any spills that may occur during drilling operations shall be constructed around well sites. For productive wells drilled subsequent to this rule and located where potential spillage, flooding or drainage problems exist, such as in closed drainage basins, floodplains, hillsides overlooking rivers, etc. the Department shall require the dike to remain until permanent abandonment.

(5) Control of Wells. The operator shall take all necessary precautions to keep all wells under control at all times, shall utilize only contractors or employees trained and competent to drill and operate such wells, and shall use only oil field equipment and practices generally used in the industry. The design of the integrated casing, cementing, drilling mud, and blowout prevention programs shall be based upon sound engineering principles, and shall take into account all relevant geologic and engineering data and information.

(6) Drill Stem Tests. All drill stem tests shall be conducted in accordance with generally accepted industry standards and practices and shall be concluded only during daylight hours. Prefabricated tanks shall be used to contain all produced fluids and a gas flare system with automatic ignition and scrubbers shall be used to safely flare gas and prevent spills. Flare pits shall be lined and the fluid level kept to a minimum. Earthen flare pits shall not be used for long-term production.

(7) Operations Involving Hydrogen Sulfide. When rig operations are undertaken where H2 S is likely, operators shall use only materials and equipment rated for sour service and shall develop a plan to safely and effectively control any H2 S encountered. Such plan shall meet generally accepted industry standards and practices and shall include well and mud design, a personnel training and safety program, and a contingency plan for notifying authorities and evacuating civilians in the event of an accident.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Formerly 16C-27.01, Repromulgated 5-12-93, Formerly 16C-27.001, Amended 3-24-96, 5-9-13.

Fla. Admin. Code R. 62C-27.005 Casing

The operator shall case and cement all wells so as to maintain well control and prevent degradation of other natural resources, including water and petroleum. All casing shall be new pipe or reconditioned so as to be equivalent to new pipe. After cementing, drilling shall be discontinued for 12 hours if float valves are used; 24 hours if such valves are not used or do not hold pressure.

(1) Surface casing. Surface casing shall be set below the deepest USDW and cemented to the surface. If circulation is lost, a survey shall be run and if a seal to a point at least 100 feet above the base of the deepest freshwater aquifer has not been achieved, remedial measures will be taken to do so.

(a) Lost Circulation. Surface casing may be set above the deepest USDW if necessitated by lost circulation zones provided the operator implements an alternate and equally effective method of protecting such aquifers.

(b) Minimum Depth. The minimum acceptable surface casing depths are based on the proposed total depth of the well or the first full string of intermediate casing in true vertical feet from the rotary table and are as follows:

Minimum Surface Casing (Feet)

Well Depth

Surface Casing

0 – 7,000

1,500

7,000 – 9,000

1,750

9,000 – 11,000

2,250

11,000 – 13,000

3,000

13,000 – Below

3,500

(2) Intermediate Casing. The intermediate casing shall be set and cemented in accordance with generally accepted industry standards and practices. If a liner is used as intermediate casing, the liner seal shall be pressure tested to determine whether a seal between the liner top and next larger string has been achieved. The test shall be recorded on the driller’s log. When such liner is used as production casing, it shall be extended to the surface and cemented as described above to avoid surface casing being used as production casing.

(3) Production/Injection Casing. Production casing shall be set and cemented in accordance with generally accepted industry standards and practices. However, a sufficient quantity of cement to fill the annular space at least 1,500 feet above the uppermost producible hydrocarbon zone must be used. When a liner is used as production casing, the testing of the seal between the liner top and next larger string shall be conducted as in the case of intermediate liners.

(4) Pressure Tests. All casing strings except the conductor shall be pressure tested as specified below prior to well completion or drilling out after cementing. These tests shall not exceed the working pressure of the casing.

CASING STRING

MINIMUM SURFACE TEST PRESSURE

(whichever is greater)

(a) Surface

1,000 (psi)

(b) Intermediate

1,500 or 0.2 psi/ft. of depth

(c) Liner

1,500 or 0.2 psi/ft. of depth

(d) Production

1,500 or 0.2 psi/ft. of depth

(e) Tubing and Packer

1,000 or 0.2 psi/ft. of depth

(5) Retests. These pressure tests shall be thirty minutes long and shall have no more than a 10 percent pressure drop. If there is an indication of a leak, necessary remedial measures will be taken and the casing retested. All pressure tests will be recorded in the driller’s log and may be witnessed by an agent of the Department.

(6) Tubing and packer pressure tests are waived for Type II Wells.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Formerly 16C-27.05, Amended 6-4-89, 5-12-93, Formerly 16C-27.005, Amended 3-24-96.

Fla. Admin. Code R. 62C-27.006 Blowout Prevention Equipment

(1) Blowout preventers and related well control equipment shall be installed, used, and tested in a manner necessary to prevent blowouts. Prior to drilling below the surface casing, blowout prevention equipment shall be installed and maintained ready for use until drilling operations are completed and, in addition, an inside blowout preventer assembly (back pressure valve) and drill-string safety valve in the open position shall be maintained on the rig floor at all times while drilling operations are being conducted. Separate valves shall be maintained on the rig floor to fit all pipe in the drill string. In water operations, a Kelly cock shall be installed below the swivel, and an essentially full opening Kelly cock of such design that it can be run through the blowout preventers shall be installed at the bottom of the Kelly.

(2) Blowout preventers and related well-control equipment shall be pressure-tested when installed, before drilling out after each string of casing is set, not less than once each week while drilling, following repairs that require disconnecting a pressure seal in the assembly, and at such other times as prescribed by the Department. A required weekly test while drilling may be deferred up to one week to avoid unnecessary tripping of the drill string or conditions that would endanger the hole. Blowout preventer tests shall be recorded on the driller’s log.

(3) Ram-type blowout preventers shall be tested to the working pressure of the stack assembly or the casinghead, whichever is the lesser. Bag-type blowout preventers shall be tested up to 70 percent of the above pressure requirements.

(4) A bag-type blowout preventer shall be actuated on the drill pipe or drill collars once each week. Accumulators and pumps shall maintain a pressure capacity reserve at all times to provide for repeated operation of hydraulic preventers. A blowout prevention drill shall be conducted weekly for each drilling crew to insure that all equipment is operational and that crews are properly trained to carry out emergency duties. All blowout preventer tests and crew drills shall be recorded in the driller’s log.

(a) Before drilling below the conductor casing in non-field Type I wells, at least one remotely controlled bag-type blowout preventer and equipment for circulating the drilling fluid to the shale shaker shall be installed. To avoid formation fracturing from complete shut-in of the well, a large diameter pipe with control valves shall be installed on the conductor pipe below the blowout preventer so as to permit the diversion of hydrocarbons and other fluids.

(b) Before drilling below the surface casing (except in south Florida locations which drill through the Boulder Zone) the blowout prevention equipment shall include a minimum of three remotely controlled, hydraulically operated, blowout preventers with a working pressure which exceeds the maximum anticipated surface pressure, including one equipped with pipe rams, one with blind rams, and one bag-type; drilling spool with side outlets, if side outlets are not provided in the blowout preventer body, a choke manifold, a kill line, and a fill-up line. In locations in which the hole below the surface hole is drilled through the Boulder Zone, the blowout prevention equipment shall include a bag-type blowout preventer and a drilling spool with side outlet.

(c) Before drilling below the intermediate string the blowout prevention equipment shall include a minimum of three, or in abnormal pressure areas, four remotely controlled, hydraulically operated, blowout preventers with a working pressure which exceeds the maximum anticipated surface pressure, including at least one equipped with pipe rams, one with blind rams, and one bag-type; a drilling spool with side outlets, if side outlets are not provided in the blowout preventer body, a choke manifold, a kill line, and a fill-up line.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Formerly 16C-27.06, Amended 6-4-89, 5-12-93, Formerly 16C-27.006.

Fla. Admin. Code R. 62C-27.007 Drilling Fluid

(1) The operator shall maintain readily accessible for use quantities of mud and mud additives sufficient to insure well control. The testing procedures, characteristics and use of drilling fluid and the conduct of related drilling procedures shall be such as are necessary to prevent blowouts. Necessary mud testing equipment and mud volume measuring devices shall be maintained at all times, and mud tests shall be performed frequently and recorded in the driller’s log.

(2) Before starting out of hole with drill pipe, the drilling fluid shall be circulated with drill pipe just off bottom until the drilling fluid is properly conditioned to insure a safe trip. When coming out of the hole with drill pipe, the annulus shall be filled with drilling fluid before the drilling fluid level drops below 100 feet, and a mechanical device for measuring the amount of drilling fluid required to fill the hole shall be utilized. The volume of drilling fluid required to fill the hole shall be watched, and any time there is an indication of swabbing, or an influx of formation fluids, the necessary safety device(s) shall be installed on the drill pipe, the drill pipe shall be run to bottom and the drilling fluid properly conditioned. The drilling fluid shall not be circulated and conditioned except on or near bottom, unless well conditions prevent running the pipe to bottom. The provisions of this subsection shall not apply when drilling in lost circulation zones.

(3) Drilling fluid testing equipment shall be maintained on the drilling location at all times, and drilling fluid tests shall be performed daily, or more frequently as conditions warrant.

(4) The following drilling fluid system monitoring equipment, with derrick floor indicators, shall be installed and used throughout the period of drilling after setting and cementing surface casing, if weighted drilling fluid is required.

(a) Pit level and mud flow indicators with charts and alarms.

(b) A drilling fluid volume measuring device for accurately determining volumes required to fill the hole on trips.

(c) A drilling fluid return indicator to determine that returns essentially equal the pump discharge rate.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Formerly 16C-27.07, Amended 6-4-89, 5-12-93, Formerly 16C-27.007.

Fla. Admin. Code R. 62C-27.010 Deviation Tests

(1) A directional survey or equivalent shall be run to total depth and a certified copy filed with the Department on all Type I and productive Type II wells when the inclination survey is insufficient to demonstrate that the bottom hole location conforms to Rule 62C-26.004, F.A.C. For non-productive Type I Wells, total depth shall mean within 500 feet of the target formation.

(2) No well shall be produced, except for testing, unless its bottom hole location conforms to its permit. If a well is drilled as a standard location in accordance with Rule 62C-26.004, F.A.C., but the bottom hole location wanders outside of the approved limit then it shall be treated as a nonroutine location and subsection 62C-26.004(5), F.A.C., shall apply. In such a case the operator must obtain a new permit or have the existing permit amended accordingly. Until the new location is approved the well may not be produced except as noted above.

(3) The Department may require the operator of any well to run a directional survey whenever the Department determines that there is a reasonable need to do so.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Formerly 16C-27.10, Amended 6-4-89, 5-12-93, Formerly 16C-27.010.

Chapter 62C-28 CONSERVATION OF OIL AND GAS: PRODUCTION AND FLOWLINES

Fla. Admin. Code R. 62C-28.001 Wellhead Equipment

All completed wells shall be equipped with casingheads, wellhead fittings, valves and connections with a rated working-pressure equal to or greater than the shut-in pressure to which they will normally be subjected. Connections and valves shall be designed and installed to permit fluid to be pumped between any two strings of casing, except between conductor and surface casing. In wells with a surface pressure in excess of five thousand pounds per square inch a master valve shall be installed below the production tee and another above or across it. Prior to placing the well in service all wellhead connections shall be tested to the rated test pressure of the assembly.

(1) Pressure Sensors. All flowlines from wellheads shall be equipped with both high and low pressure sensors located close to the wellhead. The pressure sensors shall be set to shut in the well and pumping unit in the event of abnormal pressures in the flowline.

(2) Safety Valves. All wellhead assemblies for flowing wells shall be equipped with an automatic fail-close valve. Automatic safety valves temporarily out of service shall be flagged and, unless a backup automatic fail-close valve or equivalent safety system is operable, the well shall be shut in until repairs are completed.

(3) Casingheads. All wells shall be equipped with casingheads rated to withstand the conditions and pressures to which they will be subjected. Casingheads shall be equipped with proper connections and valves which are accessible at the surface. Reconditioning shall be required on any well showing pressure on the casinghead, or leaking gas or oil between the production casing and the next larger string.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22 FS. History–New 11-26-81, Formerly 16C-28.01, Amended 6-4-89, Repromulgated 5-12-93, Formerly 16C-28.001, Amended 3-24-96, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-28.002 Production Casing and Tubing

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22 FS. History–New 11-26-81, Formerly 16C-28.02, Amended 6-4-89, 5-12-93, Formerly 16C-28.002, Repealed 3-24-96.

Fla. Admin. Code R. 62C-28.003 Fire and Pollution Control

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.371 FS. History–New 11-26-81, Formerly 16C-28.03, Amended 6-4-89, 5-12-93, Formerly 16C-28.002, Repealed 3-24-96.

Fla. Admin. Code R. 62C-28.004 Production and Production Facilities

(1) Production Measurement. All production, prior to sales or commingling with another production, shall be measured in accordance with generally accepted industry standards and practices. Casinghead gas, when produced in quantities insufficient for sale, may be estimated by using gas/oil ratios obtained from periodic well tests or other suitable means. Saltwater may be measured anytime prior to disposal or injection.

(2) Spill Prevention and Clean Up Plan (SPCP). Every person operating a well or field in Florida shall devise and submit to the Department a plan designed to prevent spills of crude oil and associated fluids and to expeditiously remove these fluids from the environment should a spill occur. These plans must be field specific and, where more than one operator exists in a field, must be coordinated with each of the other operators. In such cases, one plan shall be devised and submitted to the Department on behalf of each operator involved. These plans shall be kept current and shall at a minimum identify each potential spill source, outline protective measures taken to avoid a spill at that point, list and show location of equipment to be used in an emergency, and specify what action has been planned to remove each such spill that might occur. Field maps showing wells, flowlines, tank batteries, access roads, treating facilities, gathering lines, and associated facilities must be included and updated as changes occur. Equipment necessary to rapidly control spills and to comply with SPCP’s shall be maintained readily available at all times. See paragraph 62C-26.008(3)(d), and subsection 62C-28.004(7), F.A.C.

(3) Production Facilities and Equipment. All production facilities and related equipment shall be designed and maintained as necessary to prevent pollution. Each piece of equipment, including flowlines, valves, fittings, separators, heater treaters, pumps, coolers, storage tanks, etc., shall be properly maintained to perform its design function and shall be removed from the location when no longer used or useful. High-low pressure and level sensors and shut down devices, pressure relief valves, check valves, gas detection systems, testing schedules and procedures, etc. shall all be designed, tested and operated in accordance with generally accepted industry standards and practices. Housekeeping shall be sufficient to maintain human health, safety, and environmental protection. Bonds and securities required under Rule 62C-26.002, F.A.C., cover production facilities and tank batteries associated with the covered well and cannot be released until these facilities are removed and the sites restored unless the facilities are also covered under a different well security.

(4) Secondary Containment Facilities. All new tank batteries and those renovated subsequent to this rule shall be constructed upon pads certified by a registered professional engineer to be relatively impermeable to hydrocarbon and saltwater spills. These pads shall be surrounded by dikes or fire walls of sufficient size and strength to contain twice the volume of the largest storage tank within the diked area. The containment pads shall be sloped so as to drain surface fluids away from storage tanks and shall be kept clean and free of liquids. Drain lines with locked valves shall be installed through the fire walls at the lowest point of the containment facility but fluids may be drained only in accordance with NPDES and other permits and these rules.

(5) Storage Tanks. Crude oil storage tanks shall be equipped with equalizing overflow lines. Such tanks, when constructed or refurbished subsequent to this rule shall be, unless an exception is granted pursuant to Rule 62C-25.001, F.A.C., installed on foundations above the floor of the containment area so that any leaks can be readily seen immediately around the tanks. Tanks containing sour fluids shall be equipped so that they can be gauged, sampled, and the temperature measured at ground level. All tanks shall be installed, maintained, pressure tested, and protected against corrosion in accordance with generally accepted petroleum industry standards and practices.

(6) Inspections and Reports. The operator shall monitor all equipment and facilities so as to immediately detect any leak which might cause pollution. All unattended facilities equipped with remote controlled and automatic monitoring systems shall be inspected at least every third day; all other facilities shall be inspected daily. All spills shall be reported as required in Rule 62C-28.005, F.A.C.

(7) Control and Removal. Immediate corrective action shall be taken in accordance with the operator’s SPCP to rapidly bring any spill under control and to clean up the site without delay. If a relatively minor spill or a spill of undetermined size occurs adjacent to or beneath permanent structures such as storage tanks, pump foundations, pipelines, etc., and complete excavation is not practical, the Department shall require that the site be monitored for possible ground water contamination. Monitoring includes installation and periodic sampling of monitor wells and/or surface water bodies. If levels of hydrocarbons or dissolved chlorides occur above background levels, continued monitoring or site clean up will be required in accordance with Chapter 62-780, F.A.C.

(8) Safety and Pollution Control Equipment Testing. All safety, fire, and pollution prevention programs and equipment, facilities, and procedures shall conform to generally accepted industry standards and practices. Diagrams of the gas detection and fire fighting systems together with schedules and procedures for testing safety equipment shall be posted in a prominent place.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Formerly 16C-28.04, Amended 6-4-89, 5-12-93, Formerly 16C-28.004, Amended 3-24-96, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-28.005 Notification of Blowouts, Fires, Breaks, Leaks, and Spills

(1) Any operator spilling crude petroleum or associated fluids into the environment shall immediately notify the Department and any other agency having jurisdiction and shall immediately confirm in writing all such spills greater than 5 barrels.

(2) The operator shall, in the event of a blowout or other emergency, bring the situation under control as rapidly as possible. If not, the Department shall do so at the operator’s expense.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22, 377.40 FS. History–New 11-26-81, Formerly 16C-28.05, Amended 6-4-89, 5-12-93, Formerly 16C-28.005, Amended 3-24-96, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-28.006 Determining and Naming Common Sources of Supply

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.18 FS. History–New 11-26-81, Formerly 16C-28.06, Amended 6-4-89, 5-12-93, Formerly 16C-28.006, Repealed 3-24-96.

Fla. Admin. Code R. 62C-28.008 Agents to Have Access to Wells, Records, Tests, and Production

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21 FS. History–New 11-26-81, Formerly 16C-28.08, Amended 5-12-93, Formerly 16C-28.008, Repealed 3-24-96.

Fla. Admin. Code R. 62C-28.009 Multiple Completions

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Formerly 16C-28.09, Amended 6-4-89, 5-12-93, Formerly 16C-28.009, Repealed 3-24-96.

Fla. Admin. Code R. 62C-28.010 Well Completion Report (Form 9)

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22, 377.30 FS. History–New 11-26-81, Amended 4-12-83, Formerly 16C-28.10, Amended 6-4-89, 5-12-93, Formerly 16C-28.010, Repealed 3-24-96.

Fla. Admin. Code R. 62C-28.011 Monthly Production Test (Form 10)

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.30 FS. History–New 11-26-81, Formerly 16C-28.11, Amended 6-4-89, 5-12-93, Formerly 16C-28.011, Repealed 3-24-96.

Fla. Admin. Code R. 62C-28.012 Oil, Gas, and Condensate to Be Measured

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22, 377.23, 377.30 FS. History–New 11-26-81, Formerly 16C-28.12, Amended 6-4-89, 5-12-93, Formerly 16C-28.012, Repealed 3-24-96.

Fla. Admin. Code R. 62C-28.013 Monthly and Other Reports (Forms 10-13)

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22, 377.23, 377.245 FS. History–New 11-26-81, Formerly 16C-28.13, Amended 6-4-89, 5-12-93, Formerly 16C-28.013, Repealed 3-24-96.

Fla. Admin. Code R. 62C-28.014 Gas Utilization

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.20, 377.21, 377.30 FS. History–New 11-26-81, Formerly 16C-28.14, Amended 6-4-89, 5-12-93, Formerly 16C-28.014, Repealed 3-24-96.

Fla. Admin. Code R. 62C-28.015 Field Flowlines and Gathering Lines

The operator shall submit a plan of installation for the laying and construction of flowlines and gathering lines and associated structures. This plan shall include a detailed map showing location and complete design specifications of all lines and associated equipment. All such lines shall be designed, operated, inspected, tested, and repaired in accordance with generally accepted industry standards and practices. In the event of a leak the operator shall submit within one week a written report indicating the cause, effect, and remedial action taken to clean up any spill and prevent future occurrences.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22, 377.30 FS. History–New 11-26-81, Formerly 16C-28.15, Amended 6-4-89, 5-12-93, Formerly 16C-28.015, Amended 3-24-96, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-28.016 Transportation

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22, 377.30 FS. History–New 11-26-81, Formerly 16C-28.16, Amended 6-4-89, 5-12-93, Formerly 16C-28.016, Repealed 3-24-96.

Chapter 62C-29 CONSERVATION OF OIL AND GAS: INJECTION WELLS, WELL WORKOVERS, AND ABANDONMENTS

Fla. Admin. Code R. 62C-29.001 General

(1) All safety and environmental standards applicable to oil and gas wells are equally applicable to injection wells. Well workovers must conform to all applicable safety and environmental protection standards required under Chapters 62C-27 and 62C-28, F.A.C., and, in addition, the regulations of this chapter which apply specifically to injection wells and well workovers.

(2) Pressure Maintenance Wells. Regulations governing the drilling of oil, gas, or saltwater disposal wells apply equally to pressure maintenance wells.

(3) Monitoring. All injection wells shall be equipped with pressure gauges to monitor the tubing and tubing-casing annulus. Injection pressures and volumes shall be read and recorded weekly. If a malfunction or failure is detected, operators shall cease injection until the well is repaired and retested in accordance with Rule 62C-29.007, F.A.C.

(4) The operator of each injection well shall file Oil & Gas Form 10A, Monthly Well Injection Report (Rule 62C-25.008, F.A.C.), with the Department within 30 days subsequent to the report period.

(5) All injection wells shall be visually inspected at quarterly intervals; pressure gauges shall be calibrated or proven quarterly and reported on Oil & Gas Form 10A.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Formerly 16C-29.01, Amended 6-4-89, 5-12-93, Formerly 16C-29.001, Amended 3-24-96.

Fla. Admin. Code R. 62C-29.002 Injection Wells

(1) Permits, as specified in Rules 62C-25.006, 62C-26.003, F.A.C., and subsection (3) below are required prior to both spudding and operating a Class II well. Wells initially constructed for the production of oil or gas may be converted to injection wells but shall not be operated without an Operating Permit (Oil & Gas Form 14) issued by the Department. Wells drilled or converted for injection purposes are subject to the same requirements of plugging and site restoration as oil or gas wells. For information regarding an Application for Permit to Operate Well (Form 14) see Rules 62C-25.006, 62C-26.008, and 62C-28.016, F.A.C., and this section.

(2) No subsurface formation or zone will be approved for fluid disposal if total dissolved solids of the formation fluid do not equal or exceed 10,000 ppm and chloride content does not equal or exceed 5,000 ppm.

(3) As part of the application for a permit required by subsection (1), above, the operator shall submit to the Department a written application containing at least the following information:

(a) In the case of a well already drilled, a detailed plan for workover together with an appropriate well log of the well with the proposed zone marked and a statement giving the name of the disposal formation. In the case of undrilled wells, the name of the formation or zone to be used for injection and its approximate depth. In addition, any of the information required in paragraphs (b) through (h), below, may also apply, depending on well history and data available in the file.

(b) A plat showing the location of the proposed injection well and all wells within a one-half mile radius thereof which penetrated the formation proposed for injection if the formation is non-productive and all wells within a two-mile radius thereof if the proposed injection zone is productive of oil or gas within two miles.

(c) The following data are required for each well identified on the plat required in paragraph (b), above:

1. A description of well type, character and amount of material being injected.

2. A description of well construction.

3. Depth of the injection zone.

4. Record of completion and plugging activities.

5. Additional information may be required by the Department to properly evaluate environmental impacts on a site specific basis.

(d) A statement of estimated daily volume of saltwater to be injected, and of the injection pressure anticipated.

(e) A statement of other known instances in which the proposed disposal zone has been used for saltwater disposal.

(f) A chemical analysis of a sample of the formation waters of the zone proposed for brine injection. This sample may be taken from the proposed injection well or from any suitable well within two miles of the proposed injection well. When the well is drilled, well logs must be run over the proposed injection zone. These logs must indicate that contained chlorides are no less than 5,000 parts per million (ppm).

(g) A statement that the proposed disposal well will be completed in a manner to insure that the disposal products are injected into the proposed injection zone and that provision has been made for adequate protection of freshwater aquifers and other zones of commercial value. A schematic diagram of the disposal well showing the casing and cementing program shall be attached together with an explanation thereof. Adequate provision must be made to insure that surface casing is set below the base of all underground sources of drinking water.

(h) All supporting interpretative geologic data shall be signed by a geologist licensed in Florida as required by Sections 492.111 and 492.116, F.S.

(4) Prior to the injection of saltwater, the operator shall obtain from the Department a permit to operate well (Oil & Gas Form 14), and an agent of the Department shall inspect each completed disposal facility to insure compliance.

(5) The operator shall measure the amount of saltwater injected into each disposal well and shall submit Oil & Gas Form 10A, Monthly Well Injection Report, to the Department within 25 days subsequent to the reported period.

(6) All injection wells shall be equipped with tubing and packer set no more than 100 feet above the injection zone unless otherwise specified by the Department.

(7) No injections shall be permitted using casing as the injection string, in the annulus between casing strings, or between casing and the well bore.

(8) The integrity of the casing and tubing strings for injection wells shall be pressure tested in the presence of an agent of the Department upon initial construction or conversion and within two year intervals thereafter. Wells drilled for the purpose of injection shall be initially tested in accordance with Chapter 62C-27, F.A.C. Initial testing for wells converted for injection purposes and all subsequent testing shall be in accordance with Rule 62C-29.007, F.A.C. Exceptions to this testing schedule may be granted by the Department provided the operator proposes and agrees to follow equivalent means of monitoring casing and tubing integrity. If the casing or tubing fails to hold the scheduled pressure during the test time specified, the well shall be shut in until successful remedial action and retests have been completed.

(9) Each permit for an injection well shall include a condition specifying the upper limit of allowable pressure.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Amended 4-12-83, 8-1-83, Formerly 16C-29.02, Amended 6-4-89, 5-12-93, Formerly 16C-29.002, Amended 3-24-96.

Fla. Admin. Code R. 62C-29.006 Workover Operations

(1) Notification. Each operator shall notify the Department’s agent prior to commencing a workover operation or, during an emergency, as soon thereafter as possible.

(2) Blowout Preventer Requirements. All workover operations for Type I wells shall provide blowout preventer systems and tests which shall meet or exceed the requirements in Chapter 62C-27, F.A.C.

(3) Reporting Requirements. The operator shall submit to the Department within 30 days of completion of any workover operation a revised Well Record (Oil & Gas Form 8).

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Formerly 16C-29.06, Amended 6-4-89, Repromulgated 5-12-93, Formerly 16C-29.006, Amended 3-24-96.

Fla. Admin. Code R. 62C-29.007 Pressure Tests

(1) Type I Wells. The production casing, tubing, and packers in all Type I wells shall be tested to a pressure equivalent to the length of production casing multiplied by .1 psi/ft. This pressure shall be applied at the surface for 30 minutes with no more than a 10% pressure drop. If there is evidence of a leak or an invalid test, necessary remedial measures shall be taken, and the casing retested. This pressure test shall be conducted after every fishing job or if requested by the Department. All pressure tests shall be recorded on the driller’s log.

(2) Type II Wells. The production casing, tubing, and packers in all Type II wells shall be pressure tested in the same manner as Type I well except that the test pressure shall be half as great.

(3) Mechanical Integrity Tests. Pressure requirements for Class II MIT’s shall be 1.15 times the actual injection pressure of the well being tested. If the pressure is applied to the back side of the tubing on the packer and injection casing, the required pressure shall be .2 psi/ft for new wells and .1 psi/ft for existing wells. Pressure requirements for Class II wells constituting very low environmental risk (injection pressures less than 250 psig, injecting only freshwater, etc.) shall be, upon request, set correspondingly lower.

(4) Any well showing pressure on the casinghead, or leaking fluids between the production casing and the next larger casing string, shall be tested and repaired in accordance with this section.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22 FS. History–New 11-26-81, Formerly 16C-29.07, Amended 6-4-89, 5-12-93, Formerly 16C-29.007, Amended 3-24-96.

Fla. Admin. Code R. 62C-29.009 Plugging and Abandonment of Wells

Operators must obtain Department approval prior to commencing plugging operations. To apply, operators may contact either the Chief or his agent and request authorization to plug and abandon the well and restore the site. Operators must specify exactly how the well will be plugged and the site restored. Oral approval to plug and abandon shall be granted when the operator meets the criteria defined in this section.

(1) Pulling of Casing from an Abandoned Hole. Before pulling casing from an abandoned hole the operator shall obtain approval from the Department for reentry into the well. To apply, the operator must submit a written request to the Department, Oil and Gas Program, 2600 Blair Stone Road, MS 3588, Tallahassee, Florida 32399-2400. The Department shall approve the request when the operator meets the criteria specified in this section. All requests shall contain an Organization Report (Rule 62C-25.008, F.A.C.), Performance Surety (Rule 62C-26.002, F.A.C.), well diagram, proposed procedure, and replugging schedule.

(2) Permanent Abandonment. The Department recognizes that no single plugging and restoration schedule can suffice for all wells. However, the following criteria will apply to most wells; others shall be handled in accordance with subseciton 62C-25.001(5), F.A.C.

(a) Uncased-hold plugs: Cement plugs shall be placed in uncased portions of wells as necessary to prevent the migration of formation fluids from one zone to another. These plugs shall be placed in accordance with the following criteria.

1. All nonproductive intervals containing shows of hydrocarbons shall be isolated from the wellbore by placing a minimum cement plug of 200 feet in length across the showing interval. Such plugs shall extend from 100 feet below to 100 feet above the show and shall be verified by either tagging with 15,000 pounds of drill stem weight or pumping sufficient excess cement to guarantee proper placement.

2. All nonproductive intervals which are or have been productive within 5 miles of the well being plugged shall be isolated and verified in accordance with subparagraph (a)1., above.

3. All flows of saltwater requiring 12 or more pounds per gallon to control shall be isolated as in subparagraph (a)1., above, and the plugs verified by tagging with 15,000 pounds of drill stem weight.

4. Underground Sources of Drinking Water shall be isolated from adjoining saline zones by a minimum cement plug of 400 feet extending from 200 feet below to 200 feet above the base of the USDW. Such plugs shall be verified by tagging with sufficient drill stem weight to guarantee proper placement of the plug.

5. Freshwater zones shall be isolated from nonfreshwater zones as in subparagraph (a)4., above, and the plugs verified in a like manner.

6. All intervals between any of the above plugs may be filled with drilling fluid.

(b) Cased Hole Plugs:

1. Perforated Interval Plugs: No perforation shall be permitted to remain open upon abandonment. Either a cement retainer shall be set a minimum of 100 feet above the open perforation interval with cement squeezed into the perforation interval and 50 feet of cement placed on top of the retainer, or a 200 foot cement plug placed to extend from 100 feet below to 100 feet above the perforations. If a cement retainer is not used or does not hold pressure, this plug shall be verified by either tagging with 15,000 pounds of drill stem weight or by utilizing an amount of cement 100% in excess of that needed for the 200 foot plug. If cement can not be squeezed below a properly operating cement retainer, then a 200 foot cement plug shall be set on top of the retainer.

2. Casing Seat Plugs: Where there is open hole below any casing seat, a cement plug shall be placed at the base of the string, extending at a minimum from 150 feet below to 150 feet above the casing shoe. If a cement retainer is used, it should be set not less than 50 feet nor more than 100 feet above the casing shoe and the cement plug placed so that it will extend at least 100 feet below the casing shoe and 100 feet above the retainer. If a retainer is not used or fails to hold pressure, the plug shall be verified by tagging with 15,000 pounds of drill stem weight. In the event lost circulation conditions were encountered immediately below the casing shoe so that any attempted casing seat plug would be lost to the formations below, a permanent type bridge plug shall be set within 100 feet of the casing shoe and 200 feet of cement placed on top of the bridge plug. Regardless of the method used to set this plug, the pipe, unless it is to be cut and recovered, shall be tested by placing on it a minimum pump pressure of 1,000 psig. No more than a 10% pressure drop during a 30 minute test period shall be allowed. If this test fails, necessary remedial measures shall be taken and the pipe retested and plugged in accordance with subparagraph (a)4., above.

3. Casing-Stub Plugs. When casing is cut and recovered, a cement plug 200 feet in length shall be placed at the base of the cut so that the plug extends from 100 feet below to 100 feet above the stub. This plug shall be verified as directed by the Department’s agent.

(c) Up Hole Plugs:

1. USDW Plugs. All casing strings not cemented to the surface shall be cut not less than 200 feet below the base of the deepest USDW and pulled out of the hole. A cement plug shall then be set across the USDW as described in subparagraph (a)4., above. If the casing seat depth exceeds the required plug depth and can not be cut and pulled out of the hole, then the plug shall be set inside the casing.

2. Freshwater Plug. A cement plug shall be set across the freshwater interval as described in subparagraph (a)5., above. If the surface casing seat depth exceeds the required plug depth, then the plug shall be set inside the surface casing.

3. Annular Space Plugs. No annular space connecting saline water intervals with freshwater intervals or the surface with the drilled hole below shall be allowed to exist. If such space exists it shall be destroyed by cutting and recovering the necessary casing strings as described in subparagraph (c)1., above. In the event that it is physically impossible to recover such casing, the operator shall devise an alternate method to accomplish the same result. Such alternate method must have prior approval of the Department’s agent.

4. Surface Plug. A 100 foot cement plug shall be placed in the top of the largest string of pipe cemented to the surface. This plug shall extend from the top of the casing downward the required distance. A 1/2 inch thick steel plate shall be welded across the top of the casing.

(d) Restoration of location.

1. Mud pits. All fluids and recoverable slurry that remain in the pits shall be either returned to the wellbore below all USDW during the process of plugging, placed between plugs in the casings, or removed to an approved land fill.

2. Drilling sites. The operator shall remove all waste, debris, and equipment and shall restore the site as necessary to prevent erosion, invasion of exotic species, interruption of sheetwater flow or other similar impacts. Land drilling sites and access roads shall be restored to the approximate original contour of the surface and revegetated with native vegetation. However, upon written request of the landowner, or the operator with the landowner’s consent, and where other natural resources are not endangered, the Department shall permit alternate restoration standards, including landowner retention of the access road, pad, or other improvements.

3. All casing shall be cut off at least four feet below ground surface.

4. The operator shall file Oil & Gas Form 16 immediately upon plugging any well. The comments section shall include a detailed plugging schedule plus a clearly differentiated description of all completed restoration work and work yet to be completed with time frame.

5. The Department shall perform a final inspection on each restored site before relieving the operator of liability under these rules.

(3) Temporary Abandonments. Any well which is to be temporarily abandoned shall be plugged in accordance with Rule 62C-25.001, F.A.C.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22, 377.24 FS. History–New 11-26-81, Amended 4-12-83, Formerly 16C-29.09, Amended 6-4-89, 5-12-93, Formerly 16C-29.009, Amended 3-24-96.

Chapter 62C-30 CONSERVATION OF OIL AND GAS: WETLANDS AND SUBMERGED LANDS

Fla. Admin. Code R. 62C-30.001 General

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.21, 377.22, 377.24, 377.241, 377.242, 377.243, 377.371 FS. History–New 11-26-81, Formerly 16C-30.01, Amended 6-4-89, 5-12-93, Formerly 16C-30.001, Amended 3-24-96, Repealed 2-16-12.

Fla. Admin. Code R. 62C-30.005 Applications to Drill in the Big Cypress Watershed

(1) The Department shall evaluate each application to drill and visit each proposed access route and drilling site in the Big Cypress Watershed to insure that the exploration and production activities will cause no permanent adverse impact on the water resources and sheet flow of the area, or on the vegetation or the wildlife of the area, with special emphasis on rare and endangered species. In the event a proposed site is located on developed or highly impacted uplands, the Department shall review the application and staff field inspection reports and thereby determine whether to reinspect the site. If a reinspection is not necessary, the prior construction prohibition in subparagraph 62C-30.005(2)(a)1., F.A.C., below shall not apply.

(2) In evaluating applications, the Department shall use the following criteria:

(a) Roads, including road extensions.

1. No road construction or improvement shall begin prior to obtaining a permit to drill.

2. Existing roads shall be used wherever feasible.

3. Existing roads, if improved, or new roads where constructed, shall be from trucked-in fill material or from material taken from approved borrow pits. There shall be no parallel borrow canals along roads.

4. All roads shall be culverted and maintained to prevent degradation by industry vehicles. The size and number of culverts shall be determined so that the natural flow of water is not impeded and the resource is protected.

5. All roads shall be only wide enough to accommodate one lane of traffic, but shall have at least one turn-out every mile for passing.

6. All roads shall be high enough to assure year round usage, except where otherwise expressly required to be lower.

7. All roads shall follow the best practical route suited to protect the natural environment. Where feasible, roads and road extensions should follow existing woods roads.

8. Roads shall be constructed to avoid serious damage or enduring scars to land and wildlife, and to avoid obstructing the natural movement of water and wildlife.

9. All roads shall be restored as specified in Rule 62C-29.009, F.A.C.

10. All new access roads authorized to serve the needs of the exploration activities shall be limited in use to the permitted purpose. For these limited use access roads, the applicant shall submit as a part of the permit application the means to accomplish the limited use, including the control of unauthorized vehicles, for the life of the permitted purpose of the road.

11. Access corridors and drilling pads shall not be constructed into or through sensitive resources such as cypress-mixed forest swamps, hardwood hammocks, mangrove forests, archeological sites, native ceremonial grounds and those zones which are documented and/or confirmed by the Florida Game and Fresh Water Fish Commission as areas of high level Florida panther activity unless reasonable and prudent alternatives are not available. Known red-cockaded woodpecker colonies, rookeries, alligator holes, research sites, pine uplands, and threatened or endangered species habitats shall be avoided where possible.

12. Access corridors (including pipelines) shall be contiguous where possible and corridors emanating from new entry points shall be prohibited unless demonstrated to be the more prudent and reasonable alternative.

(b) Drilling sites.

1. Drilling sites shall be located to minimize negative impacts on the vegetation and wildlife, including rare and endangered species, and the surface water resources.

2. Topographical and engineering surveys of the drill site shall be prepared and together with an aerial photograph of the drill site at a large scale, which can be obtained from existing governmental photographs with the well spotted thereupon, shall be made a part of the Application For Permit to Drill (Oil & Gas Form 3).

3. No site preparation shall begin prior to obtaining a permit to drill except as specified in subsection 62C-30.005(1), F.A.C., above.

4. Every effort shall be made to limit the impact upon the environment of the Big Cypress Watershed by using areas covered by prairies, limited forest growth, grazing, farming, or cleared lands where practical.

5. Drilling pads shall be constructed from trucked-in fill material or from material taken from approved borrow pits.

6. Drilling pads shall be constructed to a height to assure year round usage.

7. A protective levee of sufficient height and impermeability to prevent the escape of pad fluids shall be constructed around the drilling site and storage tank areas.

8. Directional (slant) drilling shall be utilized from existing drilling pads where technically feasible and when it will have a beneficial effect upon maintaining the quality of the environment.

9. All drilling sites shall be restored as specified in Rule 62C-29.009, F.A.C.

(c) Production.

1. The operating company shall submit to the Department a field development plan as soon as practical for each new field. All transportation of oil in the Big Cypress National Preserve and wetlands within the Big Cypress Watershed shall be by pipeline.

2. If the oil from a producing well is to be removed by pipeline, the pipeline shall be equipped with automatic shut-down valves. All storage and loading facilities shall be located within impervious dikes as required by subsection 62C-28.004(4), F.A.C.

3. All flowlines and utilities shall be contained within the rights- of-way secured for road construction.

4. The operating company shall develop an emergency and contingency plan and shall have standby equipment consistent to meet the requirements of the area in which the operations are being conducted.

5. The operating company shall clean the site of any oil or other contaminants spilled in conjunction with the drilling, production, and transportation activities.

History

• Rulemaking Authority 377.22 FS. Law Implemented 377.22, 377.243, 377.371 FS. History–New 11-26-81, Amended 7-17-84, Formerly 16C-30.05, Amended 6-4-89, 5-12-93, Formerly 16C-30.005, Amended 3-24-96.

Chapter 62C-35 CERTIFICATION TO ADMINISTER RECLAMATION RULES

Fla. Admin. Code R. 62C-35.003 Petition for Certification

(1) A local government may petition the secretary to receive notices of intent to mine and other documents required to carry out Chapters 62C-36 and 62C-39, F.A.C.; to review such notices and documents; and to conduct compliance inspections.

(2) The petition shall be in writing, filed with the Department, and include, at a minimum, the following information:

(a) A statement that the agency is petitioning for certification to administer state reclamation requirements and whether the agency is petitioning for certification in whole or in part. If in part, the limits of certification shall be clearly defined.

(b) The name, address, and phone number of the petitioning agency, including the name of the section, division, department, office, or subgroup of the agency that will be responsible for receiving notices, reviewing such notices, and conducting compliance inspections.

(c) The name, title, address, and phone number of the person within the petitioning agency who will have the responsibility for administering the activities granted by the certification.

(d) The signature and title of the person authorizing the agency to petition for certification.

(3) Within 30 days of receipt of the petition, the Department shall request any additional information needed to evaluate the petition.

(4) The Department shall place a notice in a newspaper of general circulation in the petitioner’s area within 30 days of receipt of the petition. The notice shall state that such a petition has been filed with the Department and provide an address to which comments can be sent.

(5) In deciding whether or not to grant certification to a local government, the Department shall determine whether the following criteria are being met:

(a) The petitioning local government has adopted and effectively implemented a local government comprehensive plan.

(b) The local government has adequate review procedures and the financial and staffing resources necessary to assume responsibility for adequate review and inspection.

(c) The local government has a record of effectively reviewing, inspecting, and enforcing compliance with local ordinances and state laws.

(6) In making his determination, the secretary shall consult with the Department of Economic Opportunity, the appropriate regional planning council, and the appropriate water management district.

(7) The secretary shall grant, grant with modifications, or deny certification, as requested by the petitioner, in whole or in part, within 90 days of receipt of the original petition or the requested additional information. The secretary shall deny a petition without prejudice, if requested additional information is not received within 60 days of the receipt of a request for additional information by the petitioner.

(8) The Department shall specify an effective date different from the date of approval to allow the certified agency time to adopt any appropriate ordinances or rules necessary to carry out the specific requirements of certification.

(9) Requests by a certified agency to modify its certification shall be submitted and reviewed in the same manner as an original petition.

(10) The Department may review certification at any time, but shall review certification at least once every five years.

History

• Rulemaking Authority 378.404, 378.411 FS. Law Implemented 378.411 FS. History–New 2-22-87, Amended 11-29-90, Formerly 16C-35.003, Amended 1-22-02.

Fla. Admin. Code R. 62C-35.004 Responsibilities of Certification

(1) After becoming certified, the certified agency shall carry out its responsibilities under Chapter 62C-35, F.A.C., and the regulatory responsibilities of Chapters 62C-36 and 62C-39, F.A.C., as granted by the Department.

(2) Certification shall not preempt the right of the Department to carry out inspections pursuant to Section 378.407, F.S.

(3) A certified agency shall notify the department at least 30 days prior to taking enforcement action against any operator.

(4) The Department shall have the right to inspect those files of the certified agency that pertain to the responsibilities of certification.

(5) The Department retains the right to seek injunctive relief against any operator, whether or not such operator is regulated by a certified agency.

History

• Rulemaking Authority 378.404, 378.411 FS. Law Implemented 120.69, 378.411 FS. History–New 2-22-87, Amended 11-29-90, Formerly 16C-35.004.

Fla. Admin. Code R. 62C-35.005 Suspension and Revocation of Certification

(1) The certified agency may suspend its involvement in certification at any time with 60 days notice in writing to the Department.

(2) If the Department determines that the certified agency has failed to perform its responsibilities, as certified, the Department shall revoke the certification in whole or in part with 60 days notice in writing to the certified agency.

(3) If certification is suspended or completely or partially revoked, the Department shall require that the certified agency turn over to the Department all related notices and documents obtained as a result of the certification.

History

• Rulemaking Authority 378.404, 378.411 FS. Law Implemented 378.411 FS. History–New 2-22-87, Amended 11-29-90, Formerly 16C-35.005.

Fla. Admin. Code R. 62C-35.006 Annual Reports

(1) Each certified agency shall submit an annual report to the Department that summarizes the reclamation regulation activities for which it has been certified. The report shall cover all activities for the preceding calendar year and shall be submitted no later than May 1 of each year.

(2) If certification occurs after November 30th, the first annual report shall not be due until May 1 of the second calendar year following certification, but shall include activities from the date of certification through the end of the first full calendar year.

(3) The annual report required pursuant to this section shall include at least the following information:

(a) A list of all new notices received, identifying the type of notice, the date received, the mine, and the operator.

(b) A list of all notices determined sufficient, identifying the type of notice, the date determined sufficient, the mine, and the operator.

(c) The number of citations issued for noncompliance.

(d) The number of acres in mining operations, under reclamation, and released.

(e) A list of operators that have not submitted an annual report as of the date the certified agency submitted its report to the Department.

(f) Any change in the information submitted in the petition for certification or changes identified in previous annual reports.

(g) The first annual report shall include an inventory of all mines within the certified agency’s jurisdiction that have been operating within the last five years. Each annual report thereafter shall provide only additions or deletions to the initial inventory. The inventory shall include the following information for each mine:

1. Name of mine.

2. Operator’s name, address, and phone number.

3. Acreage.

4. Resource extracted.

(h) Each annual report shall include a list of mines that are expected to open within the next two years and should provide the information requested under paragraph (g), above, to the extent known.

(4) After examining each annual report, the Department may notify the certified agency of any apparent errors or omissions or request a clarification of any information contained in the report. The certified agency shall respond within 60 days of receipt of such notification or request.

History

• Rulemaking Authority 378.404, 378.411 FS. Law Implemented 378.411 FS. History–New 2-22-87, Amended 11-29-90, Formerly 16C-35.006.

Chapter 62C-36 LIMESTONE RECLAMATION REQUIREMENTS

Fla. Admin. Code R. 62C-36.001 Intent and Applicability

History

• Rulemaking Authority 370.021, 378.404 FS. Law Implemented 378.404, 378.412 FS. History–New 7-16-87, Formerly 16C-36.001, Repealed 10-20-96.

Fla. Admin. Code R. 62C-36.002 Definitions

For the purpose of this chapter, the following words and terms shall have the definitions and meanings ascribed to them in this section:

(1) “Agency” means an official, committee, department, commission, officer, division, authority, bureau, council, board, section, or unit of government within the state, including a county, municipality, or other local or regional entity or special district.

(2) “Bureau” means the Bureau of Mine Reclamation, 2051 East Dirac Drive, Tallahassee, Florida 32310-3760.

(3) “Certified” means approved by the Department to administer the requirements of this chapter. This term shall only apply to a local government.

(4) “Conceptual plan” means a generalized graphic and written description of mining and reclamation activities.

(5) “Department” means the Department of Environmental Protection.

(6) “Executive director” means the chief administrative officer of the Department or his designee.

(7) “Existing mine” means any mine upon which an operation is being conducted, or has been conducted, on October 1, 1986.

(8) “Extraction” means the removal of limestone from its location, so as to make it suitable for commercial, industrial, or construction use; but does not include excavation solely in aid of onsite farming or onsite construction, nor the process of searching, prospecting, exploring, or investigating for limestone by drilling.

(9) “Limestone” means any extracted material composed principally of calcium or magnesium carbonate. This includes coquina and shell.

(10) “Local government” means any county or municipality.

(11) “Mine” means an area of land upon which mining operations have been conducted, are being conducted, or are planned to be conducted, as the term is commonly used in the trade.

(12) “New mine” means any mine that is not an existing mine.

(13) “New surface area” means any area at an existing mine which is initially disturbed by mining operations after January 1, 1989, or where removal of undisturbed overburden begins after January 1, 1989.

(14) “Onsite” means within the contiguous limits of an area of land under one ownership or control and upon which farming or construction activities are taking place. Areas of land that are divided by public or private roads are considered contiguous if such areas are under one ownership or control.

(15) “Operation” means any activity, other than prospecting, necessary for site preparation, extraction, waste disposal, storage, or reclamation.

(16) “Operator” means any person engaged in an operation.

(17) “Overburden” means soil and rock removed to gain access to the limestone in the process of extraction and means such soil or rock before or after its removal. This does not include tailings or screenings generated by limestone processing.

(18) “Reclamation” means the reasonable rehabilitation of land where limestone extraction has occurred.

(19) “Sheer wall” means any near vertical surface of consolidated limestone that is above the water table and ten feet or more in height.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404 FS. History–New 7-16-87, Formerly 16C-36.002, Amended 1-3-02, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-36.003 Notices, Plans, and Information Required

(1) New Mines. Operators of new mines shall notify the secretary of their intent to mine or their commencement of mining operations, as follows:

(a) Subsequent to the effective date of this rule, no operator may begin the process of extraction at a new mine without notifying the secretary of the intent to mine at least 60 days prior to the beginning of mining operations. The notice shall include the information required in subsection (3) below.

(b) For those mines where extraction began after January 1, 1987, and on or before the effective date of this rule, notices of intent to mine shall be provided within 60 days of the effective date of this rule. Such notices shall be considered notices of intent to mine even though mining operations have already begun and shall include the information required in subsection (3) below.

(c) For those mines where extraction began after October 1, 1986, and before January 2, 1987, the operator shall provide the secretary with the information required in subsection (3) below, within 60 days of the effective date of this rule.

(2) Existing Mines.

(a) Prior to January 1, 1988, each operator shall provide the secretary a documented list of its existing mines which shall include the operator’s name, address, phone number and the name, address, phone number, and plan view of each mine. The plan view shall be a map or good quality aerial photograph facsimile which includes the mine name, mine boundary, north arrow, section-township-range data, marked section corners, scale, date prepared, and date flown, if applicable.

(b) By January 1, 1989, operators of existing mines who intend to disturb new surface areas after January 1, 1989, shall provide a conceptual plan for mining and reclamation for review in accordance with Rule 62C-36.006, F.A.C., for the new surface areas to be disturbed. The content of the plan shall be as required in paragraphs (3)(a) and (b), below.

(3) Information Required. In order to clearly identify the operator and the mine location and to evaluate the operator’s understanding of and probable compliance with the reclamation performance standards in Rule 62C-36.008, F.A.C., the secretary must obtain a minimum amount of information for each mine; therefore, the following information shall be provided in whole or in part, as specified in subsections (1) and (2) above:

(a) General information.

1. Operator’s name, mailing address, business address, and phone number.

2. Name of parent company, corporation, etc., mailing address, business address, and phone number.

3. Mine name, mailing address, business address, and phone number.

4. Authorized agent’s name, mailing address, business address, and phone number.

5. Date mining operations began or are to begin at this mine.

6. Mine location by county, township, range, section, and quarter-section.

(b) Conceptual plan. A conceptual plan for mining and reclamation shall include:

1. Separate maps that show the:

a. Mine boundary on the most recent U.S. Geological Survey, 1:24,000, topographic map or maps of the mine area.

b. Total area to be mined and disturbed. Areas to be disturbed, but not mined, shall be identified separately. This map shall also show the projected sequence of mining. In addition, for existing mines this map shall show areas that have been or will be mined or disturbed before January 1, 1989, and the current status of those areas.

c. Approximate depths to which mining will occur or depth to the water table, if mining will occur below the water table.

d. Estimated postreclamation topography, drainage features, and structures.

e. Planned postreclamation vegetation.

2. Typical cross sections that clearly show the design of reclaimed sheer walls and shore line treatments for water bodies.

3. A general discussion of the mining operations and reclamation activities.

4. An estimated time schedule for reclamation.

5. The estimated life of the mine.

6. A list of approved permits. This shall include copies of any dredge and fill permits approved by the U.S. Army Corps of Engineers or the Florida Department of Environmental Protection, water use or surface water management permits issued for existing and proposed facilities or works, and any permits and reclamation plans approved by the appropriate local government.

7. A list of pending permit applications which are related to reclamation.

8. A list of other permits which are related to reclamation and are known to be required.

9. A copy of the Application for Development Approval and the Development Order, if applicable.

(c) Signed acknowledgment of reclamation performance standards.

(4) Cessation of Operations. An operator shall notify the secretary within at least 30 days after the temporary or permanent cessation of mining at a mine. Notice shall not be required when the temporary cessation period is less than six months.

(5) Conceptual Plan Changes.

(a) An operator shall notify the secretary of the following changes to the conceptual plan prior to implementing such changes. Such changes are changes in the:

1. Originally noticed area to be mined that are greater than 20 percent or 100 acres, whichever is smaller.

2. Reclamation design of sheer walls or shorelines.

3. Elevations of reclaimed uplands that are greater than 10 feet and affect more than 20 percent or 100 acres, whichever is smaller, of the disturbed area.

4. Postreclamation drainage patterns that affect more than 20 percent or 100 acres, whichever is smaller, of the disturbed area.

5. Revegetation plan which affect more than 20 percent or 100 acres, whichever is smaller, of the area to be revegetated.

6. Plans that are not consistent with the reclamation standards in Rule 62C-36.008, F.A.C.

(b) The notification required in paragraph (a), above, shall include the following information:

1. Name of mine.

2. Name of operator.

3. Agency identification code for the plan.

4. A description of the change.

(c) An operator shall notify the secretary of all other changes in a given calendar year to the conceptual plan in the annual report covering that calendar year.

History

• Rulemaking Authority 378.404, 378.501 FS. Law Implemented 378.501, 378.502 FS. History–New 7-16-87, Formerly 16C-36.003, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-36.004 Document Format and Standards

(1) All notices, conceptual plans, conceptual plan changes, and reports shall be submitted using the forms incorporated by reference in Rule 62C-36.014, F.A.C. Standardized forms are needed to assure that all requests that require agency action are handled in an efficient and expeditious manner. Additional pages needed to complete each form shall conform to the standards in this section. The operator shall submit a copy of each form and its attachments.

(2) All copies of documents shall be of good quality and clearly legible.

(3) At least one copy of all documents that are to be signed shall bear an original signature.

(4) All documents submitted on paper shall be submitted in an 8 1/2ꞌꞌ by 11ꞌꞌ -inch format with a minimum margin of one inch on all sides. Original maps, drawings, and cross sections may be larger than 8 1/2ꞌꞌ by 11ꞌꞌ inches, but no larger than 30ꞌꞌ by 40ꞌꞌ inches. Copies of such oversized documents shall be available in both the original scale and the 8 1/2ꞌꞌ by 11ꞌꞌ -inch format.

(5) All maps, drawings, and cross sections shall be of a scale suitable to show the required information. Original map scales shall be no smaller than one inch equals 500 feet, except for the required 1:24,000 topographic maps.

(6) All maps, drawings, and cross sections shall include at least the following information:

(a) Titles that explain their purpose.

(b) Legends that explain all symbols and patterns used.

(c) Scales, where appropriate. Scale bars shall be provided at a minimum.

(d) Location, where appropriate, including sections, townships, ranges, and counties. Maps or plan views shall include at least three fixed points referenced to section corners. When possible these points shall be section corners, but they should not be in a straight line. Cross sections shall have clearly defined end points that shall be located accurately on an inset or other map.

(e) North arrow, where appropriate.

History

• Rulemaking Authority 378.404, 378.501 FS. Law Implemented 378.404, 378.501 FS. History–New 7-16-87, Formerly 16C-36.004, Amended 5-9-13, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-36.005 Notification Procedures

(1) All operators are encouraged to take part in meetings with the appropriate agencies before doing substantial work on required notices or plans.

(2) All operators shall inform the Department before submitting a notice of intent to mine or conceptual plan for mining and reclamation. Within seven days, the Department shall notify the operator of the appropriate agency to which the notice of intent to mine or conceptual plan shall be submitted.

(3) Once the Department notifies the operator, under subsection (2) above, the operator shall submit all notices, plans, reports, and other required documents to the specified agency, unless the Department notifies the operator otherwise.

History

• Rulemaking Authority 378.404, 378.411 FS. Law Implemented 378.411 FS. History–New 7-16-87, Formerly 16C-36.005, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-36.006 Agency Review Procedures

All agency reviews shall be conducted as follows:

(1) Within 30 days after receipt of an operator’s notice of intent to mine, conceptual plan, or other notice, the Department shall review the plan or notice and shall request the submittal of all additional information the agency is permitted by law to require.

(2) The operator shall provide the additional information requested within 45 days of receipt of the request or request an extension to the 45-day period. The extension request shall include the date by which the information can be provided and the reason for the extension. The Department shall approve reasonable requests that are based on a need to complete data collection.

(3) If the operator believes any agency request for additional information is not authorized by law or agency rule, the operator may request a hearing pursuant to Section 120.57, F.S.

(4) Within 30 days after receipt of the requested additional information, the agency shall review it and may request only such information needed to clarify the received additional information.

(5) If the operator believes the request of the agency for such additional information, requested pursuant to subsection (4) above, is not authorized by law or agency rule, the agency, at the operator’s request, shall proceed to process the plan or notice.

(6) The Department shall notify the operator as to the sufficiency of a notice of intent to mine, conceptual plan, or other notice within 90 days after receipt of the original notice or plan, the last item of timely requested additional information, or the operator’s written request to begin processing the notice or plan.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404, 378.405 FS. History–New 7-16-87, Formerly 16C-36.006, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-36.007 Confidentiality and Availability of Records

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.406 FS. History–New 7-16-87, Formerly 16C-36.007, Repealed 2-16-12.

Fla. Admin. Code R. 62C-36.008 Reclamation Standards

The following standards shall apply to each entire new mine after October 1, 1986, and to any new surface area disturbed after January 1, 1989, at existing mines.

(1) All reclamation activities shall be initiated at the earliest practicable time.

(a) Where overburden is used to eliminate sheer walls, the placement of overburden against any section of sheer wall shall begin as soon as practical after mining operations are no longer taking place along that section, but no longer than six months after overburden becomes available and mining operations are complete. Contouring of the overburden shall be completed no later than six months after the overburden has been placed.

(b) The requirements in subsections (7) and (8) below, for treating final shorelines and sheer walls shall be initiated and completed no later than one year after the calendar year in which the length and final location of shoreline or dry sheer wall was established and other mining operations have ceased in such area. The secretary shall waive this requirement for any reasonable length of time when necessary to prevent unacceptable contamination of the resource being extracted.

(c) Revegetation activities shall be initiated as soon as practical and completed no later than one year after the calendar year in which the final contours are established in an area and revegetation activities would not interfere with mining operations.

(d) Reclamation activities through revegetation shall be completed within three years of the final cessation of mining operations at the mine.

(e) If mining operations temporarily cease at a mine for more than 24 months:

1. The requirements of subsections (7) and (8) below, shall begin immediately and be completed at a rate of at least 1,000 feet of shoreline or dry sheer wall per three-month period, or

2. The operator shall post a bond or other surety in an amount reasonably related to the cost of completing reclamation and for the period of time the initiation of reclamation will be delayed, both of which shall be acceptable to the secretary, or

3. The operator shall begin reclaiming an equivalent amount of nonmandatory land at the rate specified in subparagraph 1., above.

4. Compliance with the requirements of subparagraphs 1., 2., and 3., above, shall be tolled by the length of time that a temporary cessation results from attempts to obtain necessary permits for operations.

5. The secretary shall waive the commencement of the requirements in subparagraphs 1., 2., and 3. above, for good cause for the length of time necessary, up to a maximum of one year.

(f) If mining operations cease, for whatever reason, for more than five years at a mine, then all of the requirements of this section shall be met. This period shall be extended for a maximum of five years when the cessation of mining is caused by governmental action during the review of environmental permit applications. However, the secretary shall direct the operator to complete those reclamation activities necessary to protect the public health and safety.

(g) When mining occurs in layers, then paragraphs (e) and (f) above, shall apply, if mining of the next lower stratum does not begin within five years after the completion of mining of the previous upper stratum. Revegetation of a lower stratum intended for mining shall be delayed, pending the results of a feasibility study on the ability of such a stratum to be revegetated.

(h) The requirements of paragraphs (e), (f) and (g) above, shall be suspended upon the resumption of mining.

(i) The initiation and completion dates shall be determined based on information provided in the annual reports and verified by the secretary.

(2) Reclamation activities shall be consistent with all applicable local government ordinances at least as stringent as the criteria and standards contained in this section.

(3) Reclamation shall achieve the stormwater drainage, wetlands, and other surface and groundwater management requirements of the Department of Environmental Protection and the appropriate water management district.

(4) Provisions for safety to persons, wildlife, and adjoining property must be provided.

(a) Site cleanup.

1. All lands shall be reclaimed to a neat, clean condition by removing or adequately burying, where allowed by law, all visible debris, litter, junk, worn-out or unuseable equipment or materials, as well as all poles, pilings, and cables.

2. Large rocks and boulders shall be placed at the base of sheer walls to the extent practical to provide fill for establishing acceptable slopes; otherwise, they shall be placed in common locations at the surface or buried to a minimum depth of four feet.

(b) Structures. All temporary buildings, pipelines, and other man-made structures shall be removed with the exception of those that are of sound construction with potential uses that are compatible with the reclamation goals.

(c) Slopes. The Department recognizes that the occurrence of overburden varies widely from mine to mine and that the management of overburden must be based on site-specific plans. Therefore, in addition to providing soil for revegetation purposes, overburden should be utilized to reduce the occurrence of slopes steeper than four horizontal feet for each vertical foot.

(5) The operator shall use the best management practices to minimize erosion.

(a) The use of native topsoils is encouraged, especially in areas reclaimed for aquatic or wildlife habitats.

(b) Where topsoil is not used, the operator shall use a soil or growing medium, including amendments, suitable for the type of vegetative communities planned.

(c) Long, continuous slopes should be avoided.

(d) Mulching, contouring, and other suitable techniques shall be used to enhance stabilization. Should washes or rills develop after revegetation and before final release of the area, the operator shall repair the eroded areas and stabilize the slopes.

(e) A suitable berm or backsloping shall be used along the tops of sheer walls above any required transition benches to prevent uncontrolled surface runoff over the sheer wall.

(6) Reclamation shall include revegetation, with species native to the area, of littoral zones and upland areas, except that revegetation shall not be required in those areas where revegetation is impractical or not in accordance with good land management practices.

(a) The operator shall develop a plan for the proposed revegetation, including the species of grasses, shrubs, trees, and aquatic and wetland vegetation to be planted, the spacing of vegetation, and, where necessary, the program for treating the soils to prepare them for revegetation.

(b) Except as provided below, all upland must have established ground cover for a period of at least one year after planting over 80 percent of the reclaimed upland area, excluding roads, groves, row crops, or any area that qualifies under paragraph (f) below. No bare area shall exceed one-quarter (1/4) acre.

(c) When consistent with proposed land uses, at least 10 percent of the upland and littoral zone areas shall be revegetated as forested areas with a variety of indigenous hardwoods and conifers. An area will be considered to be forested if a stand density of 200 trees per acre is achieved one year after planting. When forestation is not consistent with proposed land uses, one-gallon, containerized trees shall be planted on the upland and littoral zone areas. One containerized tree shall be planted for each acre of upland and littoral zone; however, the density and distribution shall be at the discretion of the operator. This latter requirement shall be met when at least 80 percent of the containerized trees are living one year after planting.

(d) Sheer walls are not subject to the revegetation requirement.

(e) Transition shelves required under paragraph (7)(c) below, shall be revegetated with perennial grasses.

(f) Revegetation shall not be required in those areas where revegetation is impractical or not in accordance with good land management practices. Such areas shall be identified by the operator in the conceptual plan. In addition to identifying these areas, the operator shall provide the basis for considering such areas to be qualified under this paragraph.

(g) Water body shorelines shall be revegetated with a variety of native littoral zone species.

(7) Extraction which results in a water body shall provide one of the following shoreline treatments:

(a) A littoral shelf not less than 18 feet in width with a berm on the waterward side. The shelf shall not be more than one foot below the design average low water level or higher than one foot below the average water level. The elevation of the top of the berm shall not be higher than one foot above the average high water level and the berm shall be cut every 200 feet to allow exchange of water at low water levels. Such cuts shall be at least 10 feet wide at the top of the berm and at least two feet wide at the base of the berm.

(b) A straight slope not steeper than 1 vertical to 3 horizontal, and extending downward from average water level to 6 feet below the average water level.

(c) Where a sheer wall results, then in lieu of a shoreline treatment, access shall be controlled by the use of berms, fences, or other restrictive methods acceptable to the Department, all of which shall be used in conjunction with a transition shelf of at least 10 feet in width that shall be constructed five feet below the top of such sheer walls.

(d) Slope requirements of the U.S. Army Corps of Engineers or the Department of Environmental Protection under the Warren S. Henderson Wetlands Protection Act of 1984 shall be acceptable when permits have been approved and copies have been provided to the secretary.

(e) The secretary shall allow other shoreline treatments that are consistent with the safety and environmental considerations of this rule and shall consult with other appropriate governmental agencies in making his determination.

(8) Where a dry sheer wall results, access shall be controlled by the use of berms, fences, or other restrictive methods, all of which shall be used in conjunction with a transition shelf of at least 10 feet in width that shall be constructed five feet below the top of such sheer walls.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404, 378.503 FS. History–New 7-16-87, Formerly 16C-36.008, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-36.009 Inspections

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.407, 378.411 FS. History–New 7-16-87, Formerly 16C-36.009, Repealed 11-26-15.

Fla. Admin. Code R. 62C-36.010 Release Procedures

(1) Upon completion of reclamation requirements in an area, the operator shall notify the Department and provide a map which specifically delineates the completed area.

(2) Within 60 days after receipt of the notification, the Department shall notify the operator in writing whether or not an inspection will be made within one year after receipt of the operator’s notification. The Department’s notification shall include the date the inspection will occur, if an inspection is scheduled.

(3) Within 30 days after the inspection, the Department shall notify the operator in writing that the area is released or what work must be done before release can be granted.

(4) If the Department notifies the operator that the area will not be inspected, the area shall be released from reclamation requirements at the end of the second year after receipt of the operator’s notification.

(5) If an operator wishes to resume mining operations within a released area, the area to be disturbed shall be considered to be an undisturbed area for the purposes of this chapter and notification shall be made in accordance with the full provisions of this chapter.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404 FS. History–New 7-16-87, Formerly 16C-36.010, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-36.011 Reports

(1) On or before April 1 of each year, each operator shall submit to the Department a report for the previous calendar year for each mine under his control. No report shall be required in calendar year 1987; however, any report submitted in calendar year 1988 shall cover the period October 1, 1986, through December 31, 1987. No report shall be required for existing mines until March 1, 1990; this report shall cover the previous calendar year only. Each report shall be submitted on the form incorporated by reference in Rule 62C-36.014, F.A.C., and shall include the following for the report period:

(a) Name and address of the operator, name of the mine, and year covered by the report.

(b) The number of acres on which extraction occurred during the previous calendar year.

(c) Each area that became available for contouring or revegetation.

(d) The number of acres disturbed, but not mined, and the nature of the disturbances.

(e) The number of acres on which contouring has been completed.

(f) The number of acres on which revegetation has been completed.

(g) A map that illustrates paragraphs (b) through (f) above. To the extent possible, maps submitted with the second and each successive report shall include the information shown on maps submitted with previous reports. Maps submitted on paper may be drawn on plain paper or an aerial photograph facsimile and shall meet the document standards in Rule 62C-36.004, F.A.C.

(h) A discussion of all changes to the conceptual plan that were not provided in a notice to the Department.

(2) The Department shall examine each report and notify the operator of any apparent errors or omissions.

(3) The operator shall respond to the Department’s request within 60 days of receipt.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404 FS. History–New 7-16-87, Formerly 16C-36.011, Amended 5-9-13, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-36.012 Violations, Injunctive Relief, and Penalties

History

• Rulemaking Authority 378.404 FS. Law Implemented 120.69, 378.404, 378.408, 378.409 FS. History–New 7-16-87, Formerly 16C-36.012, Repealed 2-16-12.

Fla. Admin. Code R. 62C-36.013 Donations of Land

History

• Rulemaking Authority 370.021, 378.404 FS. Law Implemented 211.32 FS. History–New 7-16-87, Formerly 16C-36.013, Repealed 10-20-96.

Fla. Admin. Code R. 62C-36.014 Forms

The following forms are available from the Department and are incorporated by reference:

(1) Notice of Intent to Mine Limestone, Limestone Form 1, DEP 53-025(16), effective 7/87.

(2) Limestone Mine General Information and Conceptual Plan for Mining and Reclamation, Limestone Form 2, DEP 53-026(16), effective 7/87.

(3) Limestone Mine Conceptual Plan Change for Mining and Reclamation, Limestone Form 3, DEP 53-027(16), effective 7/87.

(4) Limestone Mine Annual Mining and Reclamation Report, Limestone Form 4, DEP 53-028(16), effective 7/87.

(5) Limestone Mine Notice of Cessation of Operations, Limestone Form 6, DEP 53-029(16), effective 7/87.

(6) Limestone Mine Reclamation Release Request, Limestone Form 5, DEP 53-030(16), effective 7/87.

History

• Rulemaking Authority 378.404, 378.501 FS. Law Implemented 378.404, 378.501 FS. History–New 7-16-87, Formerly 16C-36.014.

Chapter 62C-37 HEAVY MINERAL RECLAMATION REQUIREMENTS

Fla. Admin. Code R. 62C-37.001 Intent and Applicability

History

• Rulemaking Authority 378.021, 378.404, 378.601 FS. Law Implemented 378.404, 378.412 FS. History–New 2-22-87, Formerly 16C-37.001, Repealed 10-20-96.

Fla. Admin. Code R. 62C-37.002 Definitions

For the purpose of this chapter, the following words and terms shall have the definitions and meanings ascribed to them in this section:

(1) “Agency” means an official, committee, department, commission, officer, division, authority, bureau, council, board, section, or unit of government within the state, including a county, municipality, or other local or regional entity or special district.

(2) “Bureau” means the Bureau of Mine Reclamation, 2051 East Dirac Drive, Tallahassee, Florida 32310-2051.

(3) “Department” means the Department of Environmental Protection.

(4) “Existing mine” means any mine upon which an operation is being conducted, or has been conducted, on October 1, 1986.

(5) “Extraction” means the removal of heavy minerals from their location, so as to make them suitable for commercial, industrial, or construction use; but does not include excavation solely in aid of onsite farming or onsite construction, nor the process of searching, prospecting, exploring, or investigating for heavy minerals.

(6) “Heavy minerals” means those resources found in conjunction with sand deposits which have a specific gravity of not less than 2.8, and includes an admixture of such resources as zircon, staurolite, and titanium minerals as generally mined in Florida.

(7) “Local government” means any county or municipality.

(8) “Mine” means an area of land upon which mining operations have been conducted, are being conducted, or are planned to be conducted, as the term is commonly used in the trade.

(9) “New mine” means any mine where the operator begins the clearing of land for mining after July 1, 1987.

(10) “Onsite” means within the contiguous limits of an area of land under one ownership or control and upon which farming or construction activities are taking place. Areas of land that are divided by public or private roads are considered contiguous if such areas are under one ownership or control.

(11) “Operation” means any activity, other than prospecting, necessary for site preparation, extraction, waste disposal, storage, or reclamation.

(12) “Operator” means any person engaged in an operation.

(13) “Reclamation” means the reasonable rehabilitation of land where heavy mineral extraction has occurred.

(14) “Temporary land use” means any use of lands under reclamation or restoration after contouring is complete, but before release, that is necessary for the mining operation or other reclamation or restoration activities within the mine.

History

• Rulemaking Authority 378.404, 378.601 FS. Law Implemented 378.404, 378.601 FS. History–New 2-22-87, Formerly 16C-37.002, Amended 1-22-02, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-37.003 Applications Required

(1) Conceptual Plan. Prior to July 1, 1987, no operator may begin the process of heavy mineral extraction at a new mine without filing an application for a conceptual plan with the Department at least six months prior to the beginning of mining operations. After July 1, 1987, no operator may begin the process of heavy mineral extraction at a new mine without receiving approval of a conceptual reclamation plan from the Department. The conceptual plan application shall include the following information to allow documentation, review, and evaluation of proposed reclamation activities and to allow determination of compliance with the standards in this chapter.

(a) General information.

1. Operator’s name, mailing address, business address, and phone number.

2. Name of parent company, corporation, etc., mailing address, business address, and phone number.

3. Mine name, mailing address, business address, and phone number.

4. Authorized agent’s name, mailing address, business address, and phone number.

5. Date mining operations began or are to begin at this mine.

6. Mine location by county, township, range, section, and quarter-section.

(b) Premining information. The plan shall include descriptions of the following, as they existed prior to mining:

1. Geology, topography, drainage, vegetation, and land uses within the mine.

2. The presence and location of plant and animal species listed as threatened or endangered by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service.

(c) Mining, waste disposal, and reclamation plan. The plan shall describe each of the following:

1. The general mining, waste disposal, and reclamation methods from the initial clearing of the land to the final revegetation.

2. The general sequence of mining, including an estimated time schedule.

3. Estimated quantities, by weight and volume, of earth materials to be considered in planning the reclamation activities.

4. Postreclamation topography, drainage, vegetation, and intended land uses.

5. Postreclamation structures.

(d) A description of the activities to be undertaken to comply with each of the standards in Rule 62C-37.008, F.A.C. The information provided shall be sufficient to determine whether or not each standard will be met.

(e) Maps. Separate maps shall be provided that show the:

1. Site plan and location.

2. Premining topography and drainage.

3. Premining vegetation.

4. Total area to be mined and disturbed. This map shall also show a best estimate of the area projected to be mined in each five-year period of the mine’s life.

5. Postreclamation topography and drainage.

6. Postreclamation vegetation.

(f) Cross sections shall be provided for each area to be reclaimed as a water body and wetland.

(g) A description of any temporary land use requested, including the estimated dates the temporary land use will be in effect, what reclamation activities will be needed when the temporary land use ceases, and a time schedule for the reclamation activities.

(h) Other supporting documents. The application shall include other supporting documents, as follows:

1. A list of approved permits. This shall include copies of any dredge and fill permits approved by the U.S. Army Corps of Engineers or the Florida Department of Environmental Protection.

2. A list of pending permit applications which are related to reclamation.

3. A list of other permits which are related to reclamation and are known to be required.

4. A copy of the Application for Development Approval and the Development Order, if applicable.

(2) Modification to an Approved Conceptual Plan. An operator shall submit applications for modifications, as needed, for all changes to approved conceptual plans.

(a) All applications for modifications shall include the following information:

1. Name of mine.

2. Name of operator.

3. Permit identification code for approved plan.

4. What modification is requested.

(b) Applications for modifications that cover changes relating to areas, except areas to be deleted, within the currently approved mine boundary shall include the following additional information:

1. Why the modification is requested.

2. What alternatives were considered.

3. Why the requested modification was chosen.

(c) Applications for modifications that cover areas to be deleted from within the currently approved mine boundary shall include the information required in subsection (1), above, to the extent that the deletion will affect the currently approved area.

(d) Applications for modifications that cover areas to be added to the currently approved mine boundary shall include the information required in subsection (1), above, if the added area will not affect the currently approved area. However, if the added area will affect the currently approved area, then the modification application shall also include the information required in paragraph (b), above.

(e) Significant changes to approved conceptual plans are changes that affect or result in a cumulative change of more than 640 acres or more than 20 percent, whichever is smaller, of the area covered by the conceptual plan, as originally approved or most recently modified by the Department.

(f) Changes required by permit conditions or requirements imposed by other agencies, including federal agencies, shall not be considered significant when such changes are consistent with the reclamation standards in Rule 62C-37.008, F.A.C.

(g) Requests for temporary land uses on approved conceptual plans shall be filed as modifications.

(3) Time schedule changes that are the result of changes in the rate of mining shall not be considered modifications or amendments, but shall be reported in the annual report.

(4) An operator shall notify the Department of any changes of land ownership or operators at a mine within at least 30 days after such changes.

(5) An operator shall notify the Department no later than six months after the temporary cessation and 30 days after the permanent cessation of mining at a mine.

History

• Rulemaking Authority 378.404, 378.601 FS. Law Implemented 378.404, 378.601 FS. History–New 2-22-87, Formerly 16C-37.003, Amended 1-22-02, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-37.004 Document Format and Standards

(1) All applications shall be submitted in accordance with the document format and standards in this section.

(2) All copies of documents shall be of good quality and clearly legible.

(3) At least one copy of all documents that are to be signed shall bear an original signature.

(4) All documents shall be submitted in an 8 1/2 by 11-inch format.

(5) All pages of text, maps, drawings, cross sections, and other documents shall have a minimum margin of one inch on all sides.

(6) Original maps, drawings, and cross sections may be larger than 8 1/2 inches by 11 inches, but no larger than 30 inches by 40 inches. Copies of such oversized documents shall be available in both the original scale and the format required in subsections (4) and (5), above.

(7) All maps, drawings, and cross sections shall be of a scale suitable to show the required information. The original map scale for conceptual plans and modifications shall be one inch equals 1,000 feet.

(8) All maps, drawings, and cross sections shall include at least the following information:

(a) Titles that explain their purpose.

(b) Legends that explain all symbols and patterns used.

(c) Scales, where appropriate. Scale bars shall be provided at a minimum.

(d) Location, where appropriate, including sections, townships, ranges, and counties. Maps or plan views shall include at least three fixed points referenced to section corners. When possible these points shall be section corners, but they should not be in a straight line. Cross sections shall have clearly defined end points that shall be located accurately on an inset or other map.

(e) North arrow, where appropriate.

History

• Rulemaking Authority 378.404, 378.601 FS. Law Implemented 378.404, 378.601 FS. History–New 2-22-87, Formerly 16C-37.004, Amended 1-22-02, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-37.005 Application Procedures

(1) Preapplication meetings. In order to reduce the time required for processing applications, preapplication meetings are encouraged and should be arranged in accordance with the following:

(a) Prior to submitting an application to the Department, the applicant should notify the Department in writing that an application is due to be submitted. The notice should state the purpose of the application and whether or not a preapplication meeting is desired and include a map that outlines the application area.

(b) If a meeting is requested by the applicant, the Department staff shall meet with the applicant at the earliest practical time or as otherwise agreed to by both parties.

(c) These meetings are for the purpose of exchanging ideas and information and shall be nonbinding on either party.

(2) Filing. Applications shall be filed with the Department in accordance with the following deadlines:

(a) Conceptual plans. Conceptual plan applications shall be filed at least six months prior to beginning mining operations. Effective April 1, 1987, if the operator is required to prepare an Application for Development Approval (ADA) under chapter 380, F.S., the operator shall file the conceptual plan within seven days of the submittal of the ADA.

(b) Conceptual plan modifications. Modification applications shall be filed at least 90 days prior to beginning activities that require modification to an approved conceptual plan.

History

• Rulemaking Authority 378.404, 378.601 FS. Law Implemented 378.404, 378.601 FS. History–New 2-22-87, Formerly 16C-37.005, Amended 1-22-02, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-37.006 Application Review Procedures

All applications shall be reviewed in accordance with the following procedures:

(1) Within 30 days after receipt of an operator’s application the Department shall review the application and shall request the submittal of all additional information the agency is permitted by law to require.

(2) The operator shall provide the requested additional information within 45 days of receipt of the request or request an extension to the 45-day period. The extension request shall include the date by which the information can be provided and the reason for the extension. The Department shall approve reasonable requests that are based on a need to complete data collection. If the operator does not provide the requested information within the 45-day period or request an extension, the Department may proceed to final action.

(3) If the operator believes any request for additional information is not authorized by law or Department rule, the operator may request a hearing pursuant to Section 120.57, F.S.

(4) Within 30 days after receipt of the requested additional information, the Department shall review it and may request only such information needed to clarify the received additional information.

(5) If the operator believes the request of the Department for such additional information, requested pursuant to subsection (4), above, is not authorized by law or Department rule, the Department, at the operator’s request, shall proceed to process the application.

(6) Applications shall be approved, approved with conditions, or denied by the Department within 90 days after receipt of the original application, the last item of timely requested additional information, or the operator’s written request to begin processing the application.

History

• Rulemaking Authority 378.404, 378.601 FS. Law Implemented 378.404, 378.405, 378.601 FS. History–New 2-22-87, Formerly 16C-37.006, Amended 1-22-02, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-37.007 Confidentiality and Availability of Records

History

• Rulemaking Authority 378.404, 378.406, 378.601 FS. Law Implemented 378.404, 378.406, 378.601 FS. History–New 2-22-87, Formerly 16C-37.007, Repealed 2-16-12.

Fla. Admin. Code R. 62C-37.008 Reclamation Standards

The following standards shall apply to areas mined or disturbed by mining operations, unless otherwise specified:

(1) Safety.

(a) Site cleanup. All lands reclaimed shall be completed in a neat, clean manner by removing or adequately burying all visible debris, litter, junk, worn-out or unusable equipment or materials, as well as all footings, poles, pilings, and cables. If any large rocks or boulders exist as a result of mining, these should be left either at the surface where they are distinctly visible or placed in mined-out areas and covered to a minimum depth of four (4) feet.

(b) Structures. All temporary buildings, pipelines, and other man-made structures shall be removed with the exception of those that are of sound construction with potential use compatible with the reclamation goals.

(2) Backfilling and Contouring.

(a) The proposed land use after reclamation and the types of landforms shall be those best suited to enhance the recovery of the land into mature sites with high potential for the intended land use.

(b) Slopes of any reclaimed land area shall be no steeper than four (4) feet horizontal to one (1) foot vertical to enhance slope stabilization and provide for the safety of the general public. For long continuous slopes, mulching, contouring, or other suitable techniques shall be used to enhance stabilization. Should washes or rills develop after revegetation and before final release of the area, the operator shall repair the eroded areas and stabilize the slopes to eliminate any further similar erosion.

(3) Soil Zone.

(a) The use of good quality topsoils is encouraged, especially in areas of reclamation by natural succession.

(b) Where topsoil is not used, the operator shall use a suitable growing medium for the type of vegetative communities planned.

(4) Wetlands which are within the conceptual plan area which are disturbed by mining operations shall be restored to at least premining surface areas.

(5) Wetlands and Water Bodies. The design of artificially created wetlands and water bodies shall be consistent with health and safety practices, maximize beneficial contributions within local drainage patterns, provide aquatic and wetland wildlife habitat values, and maintain downstream water quality by preventing erosion and providing nutrient uptake. Water bodies should incorporate a variety of emergent habitats, a balance of deep and shallow water, fluctuating water levels, high ratios of shoreline length to surface area and a variety of shoreline slopes.

(a) At least 25% of the highwater surface area of each water body shall consist of an annual zone of water fluctuation to encourage emergent and transition zone vegetation. This area will also qualify as wetlands under the requirements of subsection (4), above, if requirements in subsection 62C-37.008(9), F.A.C., are met. In the event that sufficient shoreline configurations, slopes, or water level fluctuations cannot be designed to accommodate this requirement, this deficiency shall be met by constructing additional wetlands adjacent to and hydrologically connected to the water body.

(b) At least 20% of the low water surface area shall consist of a zone between the annual low water line and six feet below the annual low water line to provide fish bedding areas and submerged vegetation zones.

(c) The operator shall give a high priority to a lake perimeter green belt of vegetation consisting of tree and shrub species indigenous to the area in addition to ground cover.

(6) Water Quality.

(a) All waters of the state on or leaving the property under control of the taxpayer shall meet applicable water quality standards of the Florida Department of Environmental Protection.

(b) Water within all wetlands and water bodies shall be of sufficient quality to allow recreation or support fish and other wildlife.

(7) Flooding and Drainage.

(a) The operator shall take all reasonable steps necessary to eliminate the risk that there will be flooding on lands not controlled by the operator caused by silting or damming of stream channels, channelization, slumping or debris slides, uncontrolled erosion, or intentional spoiling or diking or other similar actions within the control of the operator.

(b) The operator shall restore the original drainage pattern of the area to the greatest extent possible. Watershed boundaries shall not be crossed in restoring drainage patterns; watersheds shall be restored within their original boundaries.

(8) Waste Disposal.

(a) Waste disposal areas shall be reclaimed as expeditiously as possible. Experimental methods which speed reclamation which are consistent with these rules are encouraged.

(b) To the greatest extent practical, all waste shall be disposed of in a manner that reduces the volume needed for disposal.

(c) Above-ground retention areas shall be reclaimed in a manner so that long-term stabilization of dams is assured.

(9) Revegetation. The operator shall develop a revegetation plan to achieve permanent revegetation, minimize soil erosion, conceal the effects of surface mining, and recognize the requirements for appropriate habitat for fish and wildlife.

(a) The operator shall develop a plan for the proposed revegetation, including the species of grasses, shrubs, trees, aquatic and wetlands vegetation to be planted, the spacing of vegetation, and, where necessary, the program for treating the soils to prepare them for revegetation.

(b) All upland areas must have established ground cover for one year after planting over 80% of the reclaimed upland area, excluding roads, groves, or row crops. Bare areas shall not exceed one-quarter (1/4) acre.

(c) Upland forested areas shall be established to resemble premining conditions where practical and where consistent with proposed land uses. At a minimum, 10% of the upland area will be revegetated as upland forested areas with a variety of indigenous hardwoods and conifers. Upland forested areas shall be protected from grazing, mowing, or other adverse land uses to allow establishment. An area will be considered to be reforested if a stand density of 200 trees per acre is achieved at the end of one year after planting.

(d) All wetland areas shall be restored and revegetated in accordance with the best available technology.

1. Herbaceous wetlands shall achieve a ground cover of at least 50% at the end of one year after planting and shall be protected from grazing, mowing, or other adverse land uses for three years after planting to allow establishment.

2. Wooded wetlands shall achieve a stand density of 200 trees per acre at the end of one year after planting and will be protected from grazing, mowing, or other adverse land uses for five years or until such time as the trees are ten feet tall.

(e) All species used in revegetation shall be indigenous species except for agricultural crops, grasses, and temporary ground cover vegetation.

(10) Wildlife. The operator shall identify what measures have been incorporated into the conceptual plan to offset fish and wildlife values lost as a result of mining activities and shall identify special programs to restore, enhance, or reclaim particular habitats, especially for endangered and threatened species, as identified by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service.

(11) Time Schedule.

(a) Each operator shall develop a time schedule for completion of the reclamation process in the area covered by the application. The time schedule shall include an estimate of:

1. When removal of heavy minerals in the area will be completed, including the estimated acreage to be mined in each calendar year that mining will occur.

2. When any other mining operations phase in the area will be completed and an explanation of such operations.

3. When waste disposal will be started and completed.

4. When the contouring will be started and when completed.

5. When revegetation will be started and completed.

(b) Completion dates.

1. Where mined-out areas will be used for waste disposal, waste disposal shall be completed as soon as practical after mining has occurred. The completion date for waste disposal shall consider the availability and volume of materials needed.

2. Contouring for all acres mined in a given calendar year shall be completed no later than 18 months after the end of that calendar year or 18 months after an area is capable of being contoured when additional mining operations, such as waste disposal, occur.

3. Revegetation for any given area shall be completed no later than six months after the required completion of contouring in that area.

4. Reclamation and restoration shall be completed within three years of the actual completion of mining operations, inclusive of a one-year period after planting the required vegetation to allow for establishment.

5. The completion date for reclamation and restoration activities shall be extended by the period of any delays attributable to causes beyond the reasonable control of the operator.

6. Initiation dates shall be the first day of the appropriate calendar month; completion dates shall be the last day of the appropriate calendar month.

(12) Exceptions and Innovations. Exceptions to the standards contained in this section may be granted by the Department for experimental or innovative techniques.

(13) Remaining Natural Resources. The operator shall take care to protect the natural resources within the mine which are not affected by mining of the heavy minerals. Highest priority shall be given to the following concerns:

(a) Protection of endangered and threatened species and their habitat.

(b) Protection of surface drainage patterns and water quality, including the natural resources and integrity of natural streams and their flood plains.

(c) Protection of uplands from erosion, loss of topsoil, and vegetation loss.

History

• Rulemaking Authority 378.404, 378.601 FS. Law Implemented 378.404, 378.601 FS. History–New 2-22-87, Formerly 16C-37.008, Amended 1-22-02, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-37.009 Inspections

History

• Rulemaking Authority 378.021, 378.404, 378.601 FS. Law Implemented 378.404, 378.407, 378.601 FS. History–New 2-22-87, Formerly 16C-37.009, Repealed 10-20-96.

Fla. Admin. Code R. 62C-37.010 Release Procedures

(1) Upon completion of reclamation requirements in an area, the operator shall notify the Department.

(2) Within 60 days after receipt of the notification, the Department shall notify the operator in writing whether or not an inspection will be made within one year after receipt of the operator’s notification. The Department’s notification shall include the date the inspection will occur, if an inspection is scheduled.

(3) Within 30 days after the inspection, the Department shall notify the operator in writing that the area is released or what work must be done before release can be granted.

(4) If the Department notifies the operator that the area will not be inspected, the area shall be released from reclamation requirements at the end of the second year after receipt of the operator’s notification.

(5) If an operator wishes to resume mining operations within a released area, the area to be disturbed shall be considered to be an undisturbed area for the purposes of this chapter and application shall be made in accordance with the full provisions of this chapter.

History

• Rulemaking Authority 378.404, 378.601 FS. Law Implemented 378.404, 378.601 FS. History–New 2-22-87, Formerly 16C-37.010, Amended 1-22-02, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-37.011 Annual Reports

(1) On or before March 1 of each year, each operator shall submit to the Department a detailed report for the previous calendar year for each mine under its control. The report shall be submitted in accordance with the document format and standards in Rule 62C-37.004, F.A.C., and shall include:

(a) Name and address of the operator, name of the mine, and year covered by the report.

(b) The number of acres from which heavy minerals were extracted during the year.

(c) The number of acres disturbed, but not mined, during the year and the nature of the disturbances.

(d) The number of acres on which mining operations, including waste disposal, were completed.

(e) A description of the reclamation activities that have taken place during the year.

(f) Maps that illustrate paragraphs (b) through (e) above. To the extent possible, maps submitted with each successive report shall include the information shown on maps submitted with previous reports.

(2) The Department shall examine each annual report and notify the operator of any apparent errors or omissions.

(3) The operator shall respond to the Department’s request for corrections of apparent errors and omitted information within 60 days of receipt.

History

• Rulemaking Authority 378.404, 378.601 FS. Law Implemented 378.404, 378.601 FS. History–New 2-22-87, Formerly 16C-37.011, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-37.012 Violations, Injunctive Relief, and Penalties

History

• Rulemaking Authority 378.404, 378.601 FS. Law Implemented 120.69, 378.404, 378.408, 378.409, 378.601 FS. History–New 2-22-87, Formerly 16C-37.012, Repealed 2-16-12.

Fla. Admin. Code R. 62C-37.013 Donations of Land

History

• Rulemaking Authority 378.021, 378.404 FS. Law Implemented 211.32, 253.02 FS. History–New 2-22-87, Formerly 16C-37.013, Repealed 10-20-96.

Chapter 62C-38 FULLER'S EARTH RECLAMATION REQUIREMENTS

Fla. Admin. Code R. 62C-38.001 Intent and Applicability

History

• Rulemaking Authority 370.021, 378.404 FS. Law Implemented 378.404, 378.412 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.001, Repealed 10-20-96.

Fla. Admin. Code R. 62C-38.002 Definitions

For the purpose of this chapter, the following words and terms shall have the definitions and meanings ascribed to them in this section:

(1) “Agency” means an official, committee, department, commission, officer, division, authority, bureau, council, board, section, or unit of government within the state, including a county, municipality, or other local or regional entity or special district.

(2) “Authorized agent” means the person that acts on behalf of the operator for the purpose of reviewing and signing documents required by the Department and is the primary contact for the operator for all matters related to reclamation.

(3) “Department” means the Department of Environmental Protection.

(4) “Extraction” means the removal of fuller’s earth from its location, so as to make it suitable for commercial, industrial, or construction use; but does not include excavation solely in aid of on-site farming or on-site construction, nor the process of searching, prospecting, exploring, or investigating for fuller’s earth.

(5) “Final highwall” means the last face of overburden or fuller’s earth exposed by excavating.

(6) “Fuller’s earth” means clay possessing a high absorptive capacity and consisting largely of montmorillonite or palygorskite, also known as attapulgite.

(7) “Local government” means any county or municipality.

(8) “Mine” means an area of land upon which mining operations have been conducted, are being conducted, or are planned to be conducted, as the term is commonly used in the trade.

(9) “On-site” means within the contiguous limits of an area of land under one ownership or control and upon which farming or construction activities are taking place. Areas of land that are divided by public or private roads are considered contiguous if such areas are under one ownership or control.

(10) “Operation” means any activity, other than prospecting, necessary for site preparation, extraction, waste disposal, storage, or reclamation.

(11) “Operator” means any person engaged in an operation.

(12) “Overburden” means soil and rock removed to gain access to the fuller’s earth in the process of extraction and means such soil or rock before or after its removal. Overburden includes all such soil and rock that must be removed, whether it occurs above a single stratum of extractable fuller’s earth or between two or more strata of extractable fuller’s earth.

(13) “Reclamation” means the reasonable rehabilitation of land where fuller’s earth extraction has occurred.

(14) “Temporary land use” means any use of lands under reclamation or restoration after contouring is complete, but before release, that is necessary for the mining operation or other reclamation or restoration activities within the mine.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.002, Amended 1-3-02, Reviewed 8-11-26.

Fla. Admin. Code R. 62C-38.003 Notice of Intent to Mine Required

(1) No operator may begin the process of resource extraction at a mine without notifying the Department of the intention to mine, if the mine had not been in operation on or before January 1, 1987. Notices shall be provided at least six months prior to beginning mining operations and shall be submitted by executing Form 1, as identified in Rule 62C-38.014, F.A.C. Notices shall include the following information to allow documentation, review, and evaluation of reclamation plans and to allow determination of compliance with approved plans and cross sections:

(a) General information. The following general information shall be provided so that the Department may contact the appropriate affected parties, as needed, and determine if a notice is required:

1. Operator’s name, mailing address, business location address, and phone number.

2. Name of parent company, corporation, etc., mailing address, business location address, and phone number.

3. Mine name, mailing address, business location address, and phone number.

4. Authorized agent’s name, mailing address, business location address, and phone number.

5. The names and addresses of landowners other than the operator within the mine.

6. Date mining operations began or are to begin at this mine.

7. County or counties in which mine is located.

(b) Conceptual reclamation plan. The following information shall be provided to allow the Department to evaluate the operator’s recognition of, general understanding of, and ability to comply with the reclamation performance standards in Rule 62C-38.008, F.A.C. A conceptual reclamation plan shall include:

1. A separate map for each of the seven listed items that shall show the:

a. Site plan, acreage, and location by county, township, range, and sections.

b. Premining topography and drainage. U.S. Geological Survey topographic data shall be acceptable for this requirement.

c. Premining vegetation, including the acreage for each category. At a minimum, the following categories shall be shown: forested uplands, nonforested uplands, roads, lakes, streams, forested wetlands, and nonforested wetlands.

d. Total area to be mined and disturbed. Disturbed but not mined areas shall be identified separately. This map shall also show the areas projected to be mined or disturbed through the end of the first calendar year in which the mine begins operating.

e. Overburden thickness and depths to which mining will occur.

f. Postreclamation topography, drainage, and structures.

g. Postreclamation vegetation, including the acreage for each category. At a minimum, the following categories shall be shown: mixed-forest uplands, other forested uplands, nonforested uplands, roads, lakes, streams, forested wetlands, and nonforested wetlands.

2. Cross sections that show:

a. The premining stratigraphy.

b. The design of reclaimed highwalls, wetlands, and water bodies.

3. A general discussion of the mining operations and reclamation activities, including how each of the performance standards in Rule 62C-38.008, F.A.C., will be met.

4. An estimated time schedule for reclamation.

5. The estimated life of the mine.

6. A list of approved permits. This shall include copies of any dredge and fill permits approved by the U.S. Army Corps of Engineers or the Florida Department of Environmental Protection.

7. A list of pending permit applications which are related to reclamation.

8. A list of other permits which are related to reclamation and are known to be required.

9. A copy of the Application for Development Approval and the Development Order, if applicable.

(2) Prior to submitting any information required by subsection (3) below, all operators of mines that were operating on or before January 1, 1987, shall provide the Department with a map of each mine that:

(a) Shows the boundary of each mine and the limits of mining within it as of October 1, 1986.

(b) Identifies all mined and disturbed areas as:

1. Mined or disturbed prior to July 1, 1975.

2. Mined or disturbed from July 1, 1975 to October 1, 1986.

3. Mined or disturbed from October 2, 1986 through January 1, 1987.

4. Mined or disturbed after January 1, 1987.

(c) Meets the map standards in Rule 62C-38.004, F.A.C.

(3) Within 30 days of the effective date of this chapter, all operators of mines that continued or began operations after October 1, 1986, who do not have conceptual plans for reclamation on file with the Department shall provide the information required in paragraph (1)(a) above and a conceptual reclamation plan as specified in paragraph (1)(b) above. This information shall be provided by executing Part II of Form 1, identified in Rule 62C-38.014, F.A.C.

(4) An operator shall submit requests for modifications, as needed, for all significant changes to approved conceptual plans by executing Form 2, identified in Rule 62C-38.014, F.A.C.

(a) Requests shall include the following information, at a minimum:

1. Name of mine.

2. Name of operator.

3. What modification is requested, including what specific changes must be made in the approved conceptual plan text and drawings.

4. What alternatives were considered, if any.

(b) Significant changes to approved conceptual plans are changes that affect or result in a cumulative change of more than 100 acres or more than 20 percent, whichever is smaller, of the area covered by the conceptual plan, as originally approved or most recently modified by the Department.

(c) Changes required by permit conditions or requirements imposed by other agencies, including federal agencies, shall not be considered significant when such changes are consistent with the reclamation standards in Rule 62C-38.008, F.A.C.

(5) An operator may request a temporary land use as part of the original conceptual plan or any subsequent modifications or as a separate request. The request shall provide a description of the temporary land use, including the estimated dates the temporary land use will be in effect, what reclamation activities will be needed when the temporary land use ceases, and a time schedule for the reclamation activities.

(6) An operator shall notify the Department no later than six months after the temporary cessation and 30 days after the permanent cessation of mining at a mine. The reason for a temporary cessation shall be given. This notice shall be provided by executing Form 4, identified in Rule 62C-38.014, F.A.C.

History

• Rulemaking Authority 378.404 FS. Law Implemented 211.32, 378.404, 378.701, 378.702 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.003, Reviewed 8-11-26.

Fla. Admin. Code R. 62C-38.004 Document Format and Standards

(1) All notices of intent to mine, conceptual reclamation plans, requests for modifications, annual reports, and other documents that may be required shall be submitted in accordance with the document format and standards in this section. The standardized forms contained in Rule 62C-38.014, F.A.C., shall be used by operators to assure that all requests that require agency action are handled in an efficient and expeditious manner.

(2) All copies of documents shall be of good quality and clearly legible.

(3) At least one copy of all documents that are to be signed shall bear an original signature.

(4) All text documents shall be submitted in an 8 1/2-inch-by-11-inch format.

(5) All pages of text, maps, drawings, cross sections, and other documents shall have a minimum margin of one-half inch on all sides.

(6) Original maps, drawings, and cross sections may be larger than 8 1/2 inches by 11 inches, but no larger than 30 inches by 40 inches.

(7) All maps, drawings, and cross sections shall be of a scale suitable to show and evaluate the required information. The original map scale for conceptual plans and modifications shall be no smaller than one inch equals 1,000 feet, unless the mine or document area will not fit within the format requirements of subsections (5) and (6) above. When a scale of one inch equals 1,000 feet cannot be accommodated, the scale selected shall be the largest standard scale that will show the entire mine or document area and comply with subsections (5) and (6) above. The Department shall grant exceptions to the requirement that the entire mine be on a single map, if it agrees that the layout of the mine is such that more than one map would be better for showing and evaluating the required information. If an exception is granted, each map shall include an inset map of the entire mine that shows the portion of the mine represented by the larger-scale map.

(8) All maps, drawings, and cross sections shall include at least the following information:

(a) Titles that explain their purpose, including the operator’s name and mine name.

(b) Legends that explain all symbols and patterns used.

(c) Scales, where appropriate. Scale bars shall be provided at a minimum.

(d) Location, where appropriate, including sections, townships, ranges, and counties. Maps or plan views shall include at least three fixed points referenced to section corners. When possible these points shall be section corners, but they should not be in a straight line. Cross sections shall have clearly defined end points that shall be located accurately on an inset or other map.

(e) North arrow on all maps.

(f) Acreages may be rounded to the nearest acre.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.004, Reviewed 8-11-26.

Fla. Admin. Code R. 62C-38.005 Notification Procedures

(1) In order to reduce the time required for processing notices of intent to mine or conceptual plans, meetings are encouraged and should be arranged with the Department prior to doing substantial work on such notices and plans. If a meeting is requested by an operator, the Department shall meet with the operator at the earliest practical time or as otherwise agreed to by both parties. These meetings are for the purpose of exchanging ideas and information and shall be nonbinding on either party.

(2) The procedure in subsection (1), above, should also be followed for conceptual plan modifications.

(3) Notices of intent to mine shall be submitted in accordance with the deadlines established in Rule 62C-38.003, F.A.C.; however, if an operator is required to prepare an Application for Development Approval (ADA) under Chapter 380, F.S., the operator shall file the notice of intent to mine within 0 days of the submittal of the ADA.

(4) Conceptual plan modification requests shall be submitted at least 90 days prior to beginning activities that require a modification to an approved conceptual plan.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.005, Reviewed 8-11-26.

Fla. Admin. Code R. 62C-38.006 Department Review Procedures

Department reviews shall be conducted as follows:

(1) Within 30 days after receipt of an operator’s notice of intent to mine, separately submitted conceptual reclamation plan, conceptual reclamation plan modification, or request for other approval, the Department shall review the document and shall request the submittal of all additional information the Department is permitted by law to require.

(2) The operator shall provide the requested additional information within 45 days of receipt of the request or request an extension to the 45-day period. The extension request shall include the date by which the additional information can be provided and the reason for the extension. The Department shall approve reasonable requests that are based on a need to complete data collection. If the operator does not provide the requested information within the 45-day period or request an extension, the Department shall proceed to final action.

(3) If the operator believes any Department request for additional information is not authorized by law or agency rule, the operator may request a hearing, pursuant to Section 120.57, F.S.

(4) Within 30 days after receipt of the requested additional information, the Department shall review it and may request only such information needed to clarify the received additional information.

(5) If the operator believes the request of the Department for such additional information, requested pursuant to subsection (4), above, is not authorized by law or Department rule, the Department, at the operator’s request, shall proceed to process the notice of intent to mine, conceptual reclamation plan, conceptual reclamation plan modification, or other request.

(6) The Department shall notify the operator as to the sufficiency of the notice of intent to mine within 90 days after receipt of the original notice of intent to mine, the last item of timely requested additional information, or the operator’s written request to begin processing the notice of intent to mine. If the Department notifies the operator that the notice of intent to mine is insufficient, the notification of insufficiency shall clearly state why the notice of intent to mine is insufficient.

(7) Conceptual reclamation plans and their modifications shall be approved, modified, or denied by the Department within 90 days after receipt of the original plan or plan modification, the last item of timely requested additional information, or the operator’s written request to begin processing the plan or plan modification. No plan may be approved without a sufficient notice of intent to mine, if such notice is required.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404, 378.405 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.006, Reviewed 8-11-26.

Fla. Admin. Code R. 62C-38.007 Confidentiality and Availability of Records

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.406 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.007, Repealed 2-16-12.

Fla. Admin. Code R. 62C-38.008 Reclamation Standards

The following standards shall apply to any original surface area that is initially disturbed by mining operations on or after October 1, 1986, and is not covered by an approved conceptual reclamation plan. The standards in Rule 62C-16.0051, F.A.C., as existing on September 30, 1986, shall apply to any area mined or disturbed from July 1, 1975, to October 1, 1986, except where any standard in Rule 62C-38.008, F.A.C., is less strict, then the standard in Rule 62C-38.008, F.A.C., shall apply.

(1) Time Schedules.

(a) All reclamation activities shall, to the extent feasible, be coordinated with fuller’s earth extraction and in any event shall be initiated at the earliest practicable time.

1. Contouring shall be initiated and completed on an acreage equivalent to the acreage extracted in the previous calendar year no later than one year after such previous calendar year.

2. The operator may postpone contouring on acres needed for mining operations, upon a demonstration of such need. Contouring shall be completed within one year after mining operations cease in such areas.

3. Revegetation activities shall be initiated as soon as practical and completed no later than one year after the calendar year in which any area became available for revegetation.

4. If mining operations temporarily cease at a mine for more than 24 months, the operator shall:

a. Begin contouring all unreclaimed acres immediately, complete contouring at a rate equal to one-twelfth of the average annual mining rate, and complete revegetation no later than three months after contouring is completed in a given area, or

b. The operator shall post a bond or other surety in an amount and for a time acceptable to the Department, or

c. The operator shall begin reclaiming an equivalent amount of nonmandatory land at the rate specified in sub-subparagraph a., above.

5. If mining operations cease for more than three years at a mine, then all of the requirements of this section shall be met.

6. The requirements of subparagraphs 4. and 5., above, whichever is appropriate, shall be suspended upon the resumption of mining.

7. The initiation and completion dates shall be determined based on information provided in the annual reports and verified by the Department.

(b) Reclamation of the land, including a one-year period of establishment for vegetation after planting, shall be completed within three years of the completion of the mining operations associated with the fuller’s earth extraction.

(2) Consistency with Local Governments. Reclamation activities shall be consistent with all applicable local government ordinances at least as stringent as the criteria and standards contained in this section.

(3) Adverse Impact. Reclamation activities shall be conducted in a manner which has no long-term adverse impact on surface and groundwater resources, wildlife, and adjacent lands.

(a) Site cleanup. All lands shall be reclaimed to a neat, clean condition by removing or adequately burying all visible debris, litter, junk, worn-out or unusable equipment or materials, as well as all footings, poles, pilings, and cables. Large rocks and boulders shall be placed at the base of pit walls to the extent practical to provide fill for establishing acceptable slopes; otherwise, they shall be placed in common locations at the surface or buried to a minimum depth of four feet.

(b) Structures. All temporary buildings, pipelines, and other man-made structures shall be removed with the exception of those that are of sound construction with potential uses that are compatible with the reclamation goals.

(c) Remaining Natural Resources. The operator shall take care to protect the natural resources within the mine which are not affected by mining of the fuller’s earth. Highest priority shall be given to the following concerns:

1. Protection of endangered and threatened species and their habitat.

2. Protection of surface drainage patterns and water quality, including the natural resources and integrity of natural streams and their flood plains.

3. Protection of uplands from erosion, loss of topsoil, and vegetation loss.

(4) Wetlands, Water Bodies, and Drainage.

(a) Drainage systems, wetlands, and other surface waters shall function in manners which are not significantly different from those which existed prior to fuller’s earth extraction.

1. Wetlands that are within the conceptual plan area and are affected by mining operations shall be restored at least acre-for-acre and type-for-type.

2. The design of artificially created wetlands and water bodies shall be consistent with good health and safety practices, maximize beneficial contributions within local drainage patterns, provide aquatic and wetland wildlife values, and maintain downstream water quality by preventing erosion and providing nutrient uptake.

3. Water bodies should include a variety of emergent habitats and should not be designed to prevent fluctuating water levels.

4. At least 25 percent of the highwater surface area of each water body shall consist of a zone of fluctuation. In the event the water body cannot be designed to accommodate the required zone of fluctuation, this requirement shall be met by constructing additional wetlands adjacent to and hydrologically connected with the water body.

5. Each water body shall have a shallow water zone inside and adjacent to the zone of fluctuation. Subaqueous slopes in the shallow water zone shall not be steeper than four horizontal feet for each vertical foot from the inner perimeter of the zone of fluctuation to the first occurrence of a depth of six feet below the designed low water line; however, subaqueous slopes may be as steep as three horizontal feet for each vertical foot at the base of reclaimed highwalls. Subaqueous slopes from the inner perimeter of the shallow water zone to the pit bottom shall not be steeper than one horizontal foot for each vertical foot.

6. Slope requirements of the U.S. Army Corps of Engineers or the Department of Environmental Protection under the Warren S. Henderson Wetlands Protection Act of 1984 shall be acceptable when permits have been approved and copies have been provided to the Department.

7. The Department may allow other shoreline treatments to achieve appropriate safety and environmental considerations.

8. Each water body shall have a perimeter greenbelt of vegetation or berm designed to retain the first one inch of runoff. The greenbelt shall consist of tree and shrub species, in addition to ground cover. The berm shall be set back from the edge of the water body so that it does not interfere with the other requirements of paragraph (a).

9. The operator shall restore the original drainage pattern of the area to the greatest extent practical and shall approximate the original watershed boundaries.

10. All waters of the state on or leaving the property under control of the operator shall meet applicable water quality standards of the Florida Department of Environmental Protection.

11. Water within all wetlands and water bodies shall be of sufficient quality to allow recreation or support fish and other wildlife.

(b) Reclamation shall achieve the stormwater requirements of the appropriate water management district.

(5) Contouring.

(a) The final slopes of all reclaimed uplands shall not be steeper than four horizontal feet for each vertical foot, unless a steeper slope existed in that area prior to mining or the reclaimed slope is on a final highwall.

1. In areas where the premining slope was steeper than four to one, the reclaimed slope shall be no steeper than the premining slope.

2. The reclaimed slopes of final highwalls shall be no steeper than three horizontal feet for each vertical foot, unless approved by the Department. The Department’s determination shall be based on a slope stability study prepared by a registered engineer experienced in geotechnical engineering and submitted by the operator. The Department shall approve steeper slopes when the study clearly demonstrates the long-term stability of such a slope in that location and the study is consistent with the recommendations in the “Study of Slope Stability for Reclaimed Highwalls in North Florida,” prepared by the University of Florida in 1986, available from the Department and hereby incorporated by reference, (https://flrules.org/Gateway/reference.asp?No=Ref-19883).

(b) Reclamation and restoration shall result in landforms which are capable of supporting diverse and beneficial land uses.

(6) Erosion. The operator shall use best management practices to minimize erosion, including revegetation.

(a) The use of good quality topsoils is encouraged, especially in areas reclaimed for aquatic or wildlife habitats.

(b) Where topsoil is not used, the operator shall use a growing medium acceptable to the Department for the type of vegetative communities planned.

(c) Where possible, long, continuous slopes should be avoided.

(d) Mulching, contouring, and other suitable techniques shall be used to enhance stabilization. Should washes or rills develop after revegetation and before final release of the area, the operator shall repair the eroded areas and stabilize the slopes by a method approved by the Department.

(7) Revegetation.

(a) Reclamation shall provide for the establishment of flora and fauna which are consistent with the intended land use.

1. The operator shall develop a plan for the proposed revegetation, including the species of grasses, shrubs, trees, and aquatic and wetland vegetation to be planted, the spacing of vegetation, and, where necessary, the program for treating the soils to prepare them for revegetation.

2. Except as provided below, all uplands must have an established ground cover for a period of at least one year after planting over 80 percent of the reclaimed upland area, excluding roads, groves, or row crops. Bare areas shall not exceed one-quarter (1/4) acre.

3. All species used for revegetation shall be native to the area, except for grasses that are used to establish a vegetative cover rapidly and help prevent erosion.

4. Forested areas shall be established where consistent with proposed land uses. At a minimum, 10 percent of the upland and littoral zone areas shall be revegetated as forested areas with at least three species of indigenous hardwoods and conifers. Of the total number of trees planted, at least one third must be hardwoods, at least one third must be conifers, and none of the three required species shall constitute less than ten percent. An area will be considered to be reforested if a stand density of 200 trees per acre is achieved at the end of one year after planting.

5. Herbaceous wetlands shall be planted or otherwise treated to achieve a ground cover of at least 50 percent within one year of the initial planting or establishment and shall be protected from grazing, mowing, or other adverse land uses for two years to allow further establishment.

6. Wooded wetlands shall be planted to achieve a stand density of 200 trees per acre within one year of the initial planting.

7. All wetland areas shall be revegetated in accordance with the best available technology.

(b) The plans for revegetation shall incorporate measures to offset wildlife habitat lost as a result of fuller’s earth extraction. The operator shall identify what measures have been incorporated into the conceptual plan to offset fish and wildlife values lost as a result of mining activities and shall identify special programs to restore, enhance, or reclaim particular habitats, especially for endangered and threatened species, as identified by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service.

(8) Exceptions. Exceptions to the criteria and standards contained in this section may be granted by the Department for experimental or innovative techniques.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404, 378.703 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.008, Amended 1-3-02, Reviewed 8-11-26.

Fla. Admin. Code R. 62C-38.009 Inspections

History

• Rulemaking Authority 370.021, 378.404 FS. Law Implemented 378.407 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.009, Repealed 10-20-96.

Fla. Admin. Code R. 62C-38.010 Release Procedures

(1) Upon completion of reclamation requirements in an area, the operator shall notify the Department and provide a map which specifically delineates the completed area.

(2) Within 60 days after receipt of the notification, the Department shall notify the operator in writing whether or not an inspection will be made within one year after receipt of the operator’s notification. The Department’s notification shall include the date the inspection will occur, if an inspection is scheduled.

(3) Within 30 days after the inspection, the Department shall notify the operator in writing that the area is released or what work must be done before release can be granted.

(4) If the Department notifies the operator that the area will not be inspected, the area shall be released from reclamation requirements at the end of the second year after receipt of the operator’s notification.

(5) If an operator wishes to resume mining operations within a released area, the area to be disturbed shall be considered to be an undisturbed area for the purposes of this chapter and notification shall be made in accordance with the full provisions of this chapter.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.010, Reviewed 8-11-26.

Fla. Admin. Code R. 62C-38.011 Annual Reports

(1) On or before March 1 of each year, each operator shall submit to the Department a report for the previous calendar year for each mine under his control. Each report shall be submitted in accordance with the document format and standards in Rule 62C-38.004, F.A.C., and shall include:

(a) Name and address of the operator, name of the mine, and year covered by the report.

(b) The number of acres from which overburden was completely removed during the year and the volume of overburden removed during the year, including overburden between clay layers and noncommercial fuller’s earth that will not be removed from the mine area.

(c) The number of acres from which fuller’s earth was completely extracted and the depths to which mining occurred during the year.

(d) The number of acres initially disturbed because of mining related activities, but not mined, during the year and the nature of the disturbances.

(e) A description of the reclamation activities that have taken place during the last calendar year.

(f) Maps that illustrate paragraphs (b) through (e) above. To the extent possible, maps submitted with the second or each successive report shall include the information shown on maps submitted with previous reports.

(g) A list of all changes in the conceptual plan for the report period that are not believed to be significant, including changes in the status of any required permits.

(2) The Department shall examine each annual report and notify the operator of any apparent errors or omissions, in accordance with Rule 62C-38.006, F.A.C.

(3) The operator shall respond to the Department’s request for corrections of errors and omitted information within 60 days of receipt.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.011, Reviewed 8-11-26.

Fla. Admin. Code R. 62C-38.012 Violations, Injunctive Relief, and Penalties

History

• Rulemaking Authority 378.404 FS. Law Implemented 120.69, 378.404, 378.408, 378.409, 378.703 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.012, Repealed 2-16-12.

Fla. Admin. Code R. 62C-38.013 Donations of Land

History

• Rulemaking Authority 370.021, 378.404 FS. Law Implemented 211.32, 253.02 FS. History–New 3-19-87, Amended 11-29-90, Formerly 16C-38.013, Repealed 10-20-96.

Fla. Admin. Code R. 62C-38.014 Forms

The following forms are available from the Department and are incorporated by reference:

(1) Form 1. Notice of Intent to Mine Fuller’s Earth, Fuller’s Earth Form 1, DEP 53-039(16), effective 11/90.

(2) Form 2. Fuller’s Earth Mine Conceptual Reclamation Plan Modification, Fuller’s Earth Form 2, DEP 53-040(16), effective 11/90.

(3) Form 3. Fuller’s Earth Mine Annual Mining and Reclamation Report, Fuller’s Earth Form 3, DEP 53-041(16), effective 11/90.

(4) Form 4. Fuller’s Earth Mine Notice of Cessation of Mining Operations, Fuller’s Earth Form 4, DEP 53-042(16), effective 11/90.

(5) Form 5. Fuller’s Earth Mine Reclamation Release Request, Fuller’s Earth Form 5, DEP 53-043(16), effective 11/90.

(6) Form 6. Fuller’s Earth Mine Temporary Land Use Request, Fuller’s Earth Form 6, DEP 53-044(16), effective 11/90.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404, 378.701 FS. History–New 11-29-90.

Chapter 62C-39 RECLAMATION REQUIREMENTS FOR SOLID RESOURCES OTHER THAN PHOSPHATE, LIMESTONE, HEAVY MINERALS, AND FULLER'S EARTH

Fla. Admin. Code R. 62C-39.001 Intent and Applicability

History

• Rulemaking Authority 370.021, 378.404 FS. Law Implemented 378.404, 378.412, 378.804 FS. History–New 1-19-89, Formerly 16C-39.001, Repealed 10-20-96.

Fla. Admin. Code R. 62C-39.002 Definitions

For the purpose of this chapter, the following words and terms shall have the definitions and meanings ascribed to them in this section:

(1) “Agency” means an official, committee, department, commission, officer, division, authority, bureau, council, board, section, or unit of government within the state, including a county, municipal, or other local or regional entity or special district.

(2) “Bureau” means the Bureau of Mine Reclamation, 2051 East Dirac Drive, Tallahassee, Florida 32310.

(3) “Certified” means approved by the Department to administer the requirements of this chapter. This term shall only apply to a local government.

(4) “Department” means the Department of Environmental Protection, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399.

(5) “Executive director” means the chief administrative officer of the Department or his designee.

(6) “Existing mine” means any mine upon which an operation is being conducted, or has been conducted, on October 1, 1986.

(7) “Extraction” means the removal of resources from their location, so as to make them suitable for commercial, industrial, or construction use; but does not include excavation solely in aid of on-site farming or on-site construction, nor the process of searching, prospecting, exploring, or investigating for resources.

(8) “Local government” means any county or municipality.

(9) “Mine” means an area of land upon which mining operations have been conducted, are being conducted, or are planned to be conducted, as the term is commonly used in the trade.

(10) “New mine” means any mine that is not an existing mine.

(11) “Onsite” means within the contiguous limits of an area of land under one ownership or control and upon which farming or construction activities are taking place. Areas of land that are divided by public or private roads are considered contiguous if such areas are under one ownership or control.

(12) “Operation” means any activity, other than prospecting, necessary for site preparation, extraction, waste disposal, storage, or reclamation.

(13) “Operator” means any person engaged in an operation.

(14) “Overburden” means soil and rock removed to gain access to the resource in the process of extraction and means such soil or rock before or after its removal. This does not include tailings or screenings generated by processing the resource.

(15) “Phosphate” means phosphate resources that are subject to Chapter 211, Part II, F.S.

(16) “Reclamation” means the reasonable rehabilitation of land where resource extraction has occurred.

(17) “Resource” means soil, clay, peat, stone, gravel, sand, metallic ore, or any other solid substance, except phosphate, limestone, heavy minerals, and fuller’s earth, of commercial value found in natural deposits on or in the earth.

(18) “Sand” means any loose, granular material that could be sold commercially as sand.

(19) “Slope” means the ratio of a horizontal distance to one corresponding unit of vertical distance.

(20) “Spoil” means soil and rock removed to gain access to the resource or left as waste in the process of extraction. This does not include tailings or screenings generated by processing the resource.

History

• Rulemaking Authority 370.021, 378.404 FS. Law Implemented 378.403, 378.404 FS. History–New 1-19-89, Formerly 16C-39.002, Amended 1-3-02, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-39.003 Notices and Information Required

(1) New Mines. Operators of new mines shall notify the secretary of their intent to mine or their commencement of mining operations, as follows:

(a) Subsequent to the effective date of this rule, no operator may begin the process of extraction at a new mine without notifying the secretary of the intent to mine at least 30 days prior to the beginning of mining operations. The notice shall include the information required in subsection (3) below.

(b) For those mines where extraction began after January 1, 1987, and on or before the effective date of this rule, notices of mining shall be provided within 60 days of the effective date of this rule.

(2) Existing Mines. By January 1, 1989, operators of existing mines shall provide the secretary with a notice of mining which contains the information required in subsection (3) below. Notices of mining are not required for existing mines where no operations will occur after January 1, 1989.

(3) Information Required. The following information shall be included as part of the notice of intent to mine or mining, whichever is applicable, for each mine subject to this rule. This information shall be submitted in the form of an executed copy of DEP Form 53-031(16), incorporated by reference in Rule 62C-39.014, F.A.C.

(a) Operator’s name, mailing address, street address, and phone number.

(b) Name of parent company or corporation, mailing address, street address, and phone number.

(c) Authorized agent’s name, mailing address, street address, and phone number.

(d) A list of each mine covered by the notice of intent to mine or mining; a description of the location of each mine, including the county, township, range, and section; and a recent aerial photograph that clearly indicates the location of each existing or future mine. Aerial photographs obtained from the county property appraiser’s office, a commercial source, or through the Department of Transportation, shall be acceptable.

(e) Resource to be extracted and mine acreage.

(f) A list of mining or reclamation permits known to be required, the permitting agency, and the status of each permit.

(g) The estimated life of the mine to the nearest year for each mine covered by the notice of intent to mine or mining.

(h) A signed acknowledgment of the reclamation performance standards in Rule 62C-39.008, F.A.C.

(4) Cessation of Operations.

(a) An operator shall notify the secretary within 30 days following a temporary or permanent cessation of mining at a mine except when the temporary cessation period is less than 12 months. Such notice may be verbal or in writing. If notice is provided in writing, the use of DEP Form 53-033(16) is suggested, but not required.

(b) An operator shall notify the secretary of any other changes to information supplied with the notice of mining within 60 days of determining the change.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404, 378.801, 378.802 FS. History–New 1-19-89, Formerly 16C-39.003, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-39.004 Document Format and Standards

The use of standardized forms referenced in this rule is required to insure that all requests that require agency action are handled in an efficient and expeditious manner. Additional pages needed to complete each form shall conform to the standards in this section. The number of copies to be submitted shall be specified on each form. The following standards shall apply:

(1) All copies of documents shall be of good quality and clearly legible.

(2) All documents that are to be signed shall bear an original signature.

(3) All written documents shall be submitted in an 8 1/2 by 11-inch format with a minimum margin of one inch on all sides. Original maps, drawings, and aerial photographs may be larger than 8 1/2 by 11 inches.

(4) All notices, maps, aerials, etc. shall include the date prepared or revised.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404 FS. History–New 1-19-89, Formerly 16C-39.004, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-39.006 Agency Review Procedures

All agency reviews shall be conducted as follows:

(1) Within 30 days after receipt of an operator’s notice of mining, notice of changes, or other required information, the Department shall review the notice or required information and shall request the submittal of any additional information required by the rules.

(2) The operator shall provide the additional information requested within 45 days of receipt of the request or shall request an extension of the 45-day period. The extension request shall include the date by which the information can be provided and the reason for the extension. The Department shall approve reasonable requests for extensions that are based on the need of the operator to complete data collection.

(3) If the operator believes any agency request for additional information is not authorized by law or agency rule, the operator may request a hearing pursuant to Section 120.57, F.S.

(4) Within 30 days after receipt of the requested additional information, the agency shall review it and may further request only such information needed to clarify the additional information.

(5) If the operator believes the request of the agency for such additional information, requested pursuant to subsection (4) above, is not authorized by law or agency rule, the agency, at the operator’s request, shall proceed with its review based on the information furnished.

(6) The Department shall notify the operator as to whether or not the notice or required information is in compliance with this chapter within 90 days after receipt of the original notice or required information or after receipt of the last item of timely requested additional information, whichever is later. If the operator makes written request to begin processing the notice or required information, the 90 days shall begin upon receipt of the written request.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404, 378.405 FS. History–New 1-19-89, Formerly 16C-39.006, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-39.007 Confidentiality and Availability of Records

History

• Rulemaking Authority 370.021, 378.404 FS. Law Implemented 378.406 FS. History–New 1-19-89, Formerly 16C-39.007, Repealed 2-16-12.

Fla. Admin. Code R. 62C-39.008 Reclamation Standards

The Department is authorized to inspect all mines subject to this rule to determine compliance with rule requirements and to determine if reclamation has been properly completed thereby allowing the release of the operator from further obligations. The following standards shall apply to all areas disturbed by mining operations in new mines and all new surface areas disturbed after January 1, 1989, at existing mines.

(1) Completion Dates for Reclamation Activities. All reclamation activities shall, to the extent possible, be coordinated with resource extraction and in any event shall be initiated at the earliest practicable time.

(a) Contouring shall be initiated and completed no later than one year after the calendar year in which mining operations cease for any given area. The Department shall waive this requirement for any reasonable length of time when a waiver is necessary to prevent the unacceptable contamination of the resource being extracted.

(b) Revegetation activities shall be initiated as soon as practical and completed no later than one year after the calendar year in which the final contours are established in an area unless revegetation activities will interfere with mining operations.

(c) Reclamation activities through revegetation shall be completed within three years of the cessation of mining operations at the mine.

(d) If mining operations temporarily cease at a mine for more than 12 months, the operator shall comply with one of the following options:

1. The requirements of subsections (4) through (7) below, shall begin immediately and be completed at a rate of at least 1,000 feet of shoreline or dry pit wall per three-month period, or

2. The operator shall post a bond or other surety in an amount reasonably related to the cost of completing reclamation and for the period of time the initiation of reclamation will be delayed, both of which shall be acceptable to the Department, or

3. The operator shall begin reclaiming an equivalent amount of nonmandatory land at the rate specified in subparagraph 1. above. Compliance with the above requirements shall be tolled by the length of time that a temporary cessation results from attempts to obtain necessary permits for operations. The Department shall waive the commencement of the above requirements for any length of time not to exceed a maximum of one year upon a showing of good cause by the operator.

(e) If mining operations cease, for whatever reason, for more than two years at a mine, then all of the requirements of this section shall be met. This period shall be extended for a maximum of five years when the cessation of mining is caused by governmental action during the review of environmental permit applications. However, the Department shall direct the operator to complete those reclamation activities necessary to protect the public health and safety.

(f) The requirements of paragraphs (d) and (e), above, shall be suspended upon the resumption of mining.

(2) Consistency with Local Ordinances. Reclamation activities shall be consistent with all applicable local government ordinances at least as stringent as the criteria and standards contained in this section.

(3) Surface Drainage and Groundwater Requirements. Reclamation shall achieve the stormwater drainage, wetlands, and other surface and groundwater management requirements of the Department of Environmental Protection and the appropriate water management district.

(4) Safety. Provisions for safety to persons, wildlife, and adjoining property must be provided.

(a) Site cleanup.

1. All lands shall be reclaimed to a neat, clean condition by removing or adequately burying, where allowed by law, all visible debris, litter, junk, worn-out or unuseable equipment or materials, as well as all poles, pilings, and cables.

2. Large rocks and boulders shall be placed at the base of pit walls to the extent practical to provide fill for establishing acceptable slopes; otherwise, they shall be placed in common locations at the surface or buried to a minimum depth of four feet.

(b) Structures. All temporary buildings, pipelines, and other man-made structures shall be removed with the exception of those that are of sound construction with potential uses that are compatible with the reclamation goals.

(5) Final Slopes. The final slopes shall be such an angle as to minimize the possibility of slides and shall not exceed the natural angle of repose of the material being mined.

(a) The reclaimed slope shall be no steeper than two horizontal feet to one vertical foot, unless the operator chooses to calculate the slope by one of the following acceptable methods:

1. If the material being mined is sand, the maximum reclaimed slope shall be calculated using the angle of repose of the product stockpile. The angle of repose is defined as the slope angle of the product stockpile measured along an undisturbed portion of the pile. Given a vertical component of one unit, the corresponding minimum horizontal component of the reclaimed slope shall be calculated by dividing 1.5, the minimum acceptable factor of safety, by the tangent of the angle of repose of the sand stockpile.

2. For all other resources, the steepest reclaimed slope shall be calculated by determining the angle of repose of the actual material being mined and applying a minimum factor of safety of 1.5. The angle of repose and the factor of safety shall be determined using standard geotechnical engineering practices.

(b) In mines resulting in lakes the reclaimed slope shall extend from the top of the mine wall to a depth of five feet below the water surface and shall not exceed the steepest slope allowed by paragraph (a), above.

(6) Contouring and Erosion Prevention. Any overburden and spoil shall be left in a configuration which is in accordance with accepted soil conservation practices and which is suitable for the proposed future use of the land.

(a) All upland areas disturbed by mining operations must be revegetated in quantities and densities necessary to prevent and control erosion and to provide stability to the slope. Erosional areas shall be repaired until a vegetative cover is fully established and the land is released.

(b) The zone of fluctuation of reclaimed lakes should be vegetated with native wetland species. Acceptable methods recommended to establish vegetation include spreading muck obtained from areas containing desirable, native, littoral zone plant communities, planting of native wetland vegetation, or natural regeneration of wetland plant species. At least 50 percent of the zone should have established vegetation for a period of not less than one year after the initial appearance or planting of the vegetation.

(7) Water Quality. Reclamation shall be designed to avoid the collection of water in pools which are, or are likely to become, noxious, odious, or foul. Where water bodies result from reclamation, the Department encourages designs that will allow both a variety of emergent habitats and naturally fluctuating water levels.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404, 378.802, 378.803 FS. History–New 1-19-89, Formerly 16C-39.008, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-39.009 Inspections

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.407 FS. History–New 1-19-89, Formerly 16C-39.009, Repealed 11-26-15.

Fla. Admin. Code R. 62C-39.010 Release Procedures

(1) Upon completion of reclamation requirements in an area, the operator shall notify the Department and provide a map which specifically delineates the completed area. The notice shall be an executed copy of DEP Form 53-032(16), incorporated by reference in Rule 62C-39.014, F.A.C.

(2) Within 60 days after receipt of the notification, the Department shall notify the operator in writing as to whether or not an inspection will be made. The Department’s notification shall include the date the inspection will occur if an inspection is scheduled.

(3) Within 30 days after the inspection, the Department shall either release the completed area from further reclamation requirements or give written notice to the operator of the deficiencies which must be corrected before a release can be granted.

(4) If the Department notifies the operator that the area will not be inspected, the area shall be released from reclamation requirements at the end of the second year after receipt of the operator’s notification.

(5) If an operator wishes to resume mining operations within a released area, the area to be disturbed shall be considered to be an undisturbed area for the purposes of this chapter and notification shall be made in accordance with the full provisions of this chapter.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404 FS. History–New 1-19-89, Formerly 16C-39.010, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-39.012 Violations, Injunctive Relief, and Penalties

History

• Rulemaking Authority 370.021, 378.404 FS. Law Implemented 120.69, 378.408, 378.409 FS. History–New 1-19-89, Formerly 16C-39.012, Repealed 2-16-12.

Fla. Admin. Code R. 62C-39.013 Multiple Resource Operators

Multiple Resource Operators. If an operator is engaged in extracting more than one resource from the same mine, the operator shall be subject to the requirements of the rule chapter, specifically Chapter 62C-16, 62C-36, 62C-37, 62C-38, or 62C-39, F.A.C., that regulates the particular mineral resource which was extracted in the largest volume.

History

• Rulemaking Authority 378.404 FS. Law Implemented 211.32, 378.404 FS. History–New 1-19-89, Formerly 16C-39.013, Amended 1-3-02, Reviewed 8-6-26.

Fla. Admin. Code R. 62C-39.014 Forms

The following forms are available from the Department and are incorporated herein by reference:

(1) Notice of Intent to Mine or Mining Other Resources, Other Resources Form 1, DEP 53-031(16), effective 1/89.

(2) Other Resources Mine Reclamation Release Request, Other Resources Form 2, DEP 53-032(16), effective 1/89.

(3) Other Resources Mine Notice of Cessation of Mining Operations, Other Resources Form 3, DEP 53-033(16), effective 1/89.

(4) Other Resources Mine Annual Severance Taxpayer’s Report, Other Resources Form 4, DEP 53-034(16), effective 1/89.

History

• Rulemaking Authority 378.404 FS. Law Implemented 378.404 FS. History–New 1-19-89, Formerly 16C-39.014.

Chapter 62C-52 AQUATIC PLANT IMPORTATION, TRANSPORTATION, NON-NURSERY CULTIVATION, POSSESSION AND COLLECTION

Fla. Admin. Code R. 62C-52.001 Purpose

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History–New 8-11-86, Amended 6-13-93, Formerly 16C-52.001, Transferred to 5B-64.001.

Fla. Admin. Code R. 62C-52.002 Definitions

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.002, Transferred to 5B-64.002.

Fla. Admin. Code R. 62C-52.003 Permit Requirements

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.003, Transferred to 5B-64.003.

Fla. Admin. Code R. 62C-52.004 Criteria for Permit Issuance

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.004, Transferred to 5B-64.004.

Fla. Admin. Code R. 62C-52.008 Enforcement and Penalties

History

• Rulemaking Authority 369.25, 369.251, 370.021 FS. Law Implemented 369.25, 369.251, 370.021, 370.028 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.008, Transferred to 5B-64.008.

Fla. Admin. Code R. 62C-52.010 Exemptions and Exclusions

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.010, Transferred to 5B-64.010.

Fla. Admin. Code R. 62C-52.011 Prohibited Aquatic Plants

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.011, Transferred to 5B-64.011.

Chapter 62C-54 FUNDING FOR AQUATIC PLANT MANAGEMENT

Fla. Admin. Code R. 62C-54.001 Program Criteria and Standards

History

• Rulemaking Authority 370.021(1), 369.20, 369.22 FS. Law Implemented 403.088, 369.20, 369.22 FS. History–New 1-7-87, Amended 5-30-93, Formerly 16C-54.001, Transferred to 68F-54.001.

Fla. Admin. Code R. 62C-54.003 Definitions

History

• Rulemaking Authority 370.021(1), 369.20, 369.22 FS. Law Implemented 369.20, 369.251, 369.22 FS. History-New 1-7-87, Amended 5-30-93, Formerly 16C-54.003, Transferred to 68F-54.003.

Fla. Admin. Code R. 62C-54.0035 Waters Eligible and Eligibility Criteria for Aquatic Plant Management Funds

History

• Rulemaking Authority 370.021, 369.20, 369.22 FS. Law Implemented 369.20, 369.22 FS. History-New 5-30-93, Formerly 16C-54.0035, Transferred to 68F-54.0035.

Fla. Admin. Code R. 62C-54.005 Approval, Allocation, and Disbursement Procedures for Aquatic Plant Management Funds

History

• Rulemaking Authority 370.021(1), 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 120.60 FS. History-New 1-7-87, Amended 5-30-93, Formerly 16C-54.005, Transferred to 68F-54.005.

Division 62Q Division of State Lands

Chapter 62Q-15 PUBLIC LANDS

Fla. Admin. Code R. 62Q-15.013 Management and Sale of RICO Lands

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03(7), (12) FS. History–New 2-4-86, Formerly 16Q-15.013, Repealed 2-21-12.

Division 62S Office of the Secretary

Chapter 62S-1 FLORIDA GREENWAYS AND TRAILS PROGRAM

Fla. Admin. Code R. 62S-1.100 Definitions

Whenever used in this chapter or in the forms prescribed for use with this chapter, the words defined in Section 260.013, F.S., shall have the same meaning and the following terms (whether or not capitalized) shall have the meanings stated below unless the context clearly indicates otherwise:

(1) “Act” means the Florida Greenways and Trails Act, Chapter 260, F.S.

(2) “Council” means the Florida Greenways and Trails Council described in Section 260.0142, F.S.

(3) “Cross Florida Greenways State Recreation and Conservation Area” means the network of greenways and trails created by Section 253.781, F.S., including those portions of the Oklawaha River Valley and other lands and interests previously acquired by the state or federal government for construction and operation of the Cross Florida Barge Canal, the original corridor of which is specified in the Greenway Management Plan prepared by the University Planning Team of the University of Florida.

(4) “Department” means the Department of Environmental Protection.

(5) “Designation Agreement” means a binding written contract between the Office of Greenways and Trails, on behalf of the Department, and the owner of lands upon or over which a designated greenway or trail is located (or will be located), providing the terms and conditions upon which the owner agrees to have his, her or its lands or waterways designated as part of the Florida Greenways and Trails System. At a minimum, the Designation Agreement shall address the items described in subsection 62S-1.400(5) or 62S-1.450(6), F.A.C.

(6) “Florida Forever Funds” means moneys from the Florida Forever Trust Fund created by Section 259.1051, F.S. (1999), and distributed to the Department pursuant to Section 259.105(3)(g), F.S. (1999), for the acquisition of lands under the Florida Greenways and Trails Program.

(7) “Greenways and trails support organization” means a formal or informal group, whether incorporated or unincorporated, tax-exempt or non-tax-exempt, that conducts programs or activities that directly support the establishment, development, maintenance or management of a greenway or trail.

(8) “Implementation Plan” means the five-year implementation plan entitled “Connecting Florida’s Communities with Greenways and Trails,” prepared by the Florida Department of Environmental Protection and the Florida Greenways Coordinating Council and dated September 1998.

(9) “Landowner” or “owner” means the legal and equitable owner(s) of fee simple title in and to real property.

(10) “Less-than-fee acquisition” means the purchase of an interest in property that is less than the entire fee simple estate (which is one in which the owner is entitled to the entire property with the unconditional power of disposition during the owner’s life and which will descend to his or her heirs and legal representatives upon the owner’s death intestate). The most common less-than-fee acquisition alternatives are purchase of development rights, conservation easements, land protection agreements, life estates, and purchase of specific rights or interests.

(11) “Management plan” means a written document that describes the management goals for a project; conditions that will affect the intensity of management; an estimate of the revenue-generating potential of the project, if applicable; a description of potential multiple-use activities as described in Sections 259.032 and 253.034, F.S.; a timetable for implementing the various stages of management and for providing access to the public, if applicable; provisions for protecting existing infrastructure and for ensuring the security of the project upon acquisition; the anticipated costs of management and projected sources of revenue to fund management needs (including legislative appropriations); recommendations on the number of employees necessary to manage the project; and recommendations for management involvement by local governments, greenways and trails citizen support organizations, prior landowners or other interested parties.

(12) “Managing entity” means the agency, governmental entity, corporation, organization or other authority that has undertaken and is responsible for the day-to-day operation, protection, maintenance and stewardship of a specified greenway or trail, or network of greenways or trails, under a management plan or designation agreement with the holder of the ownership, proprietorship, or other beneficial interest in the property upon or over which the greenway or trail segment is located.

(13) “OGT” means the Office of Greenways and Trails of the Department.

(14) “Person” means any individual, corporation, partnership, firm, association, joint venture, estate, trust, business trust, syndicate, fiduciary, commission, county, municipality or political subdivision of a state, any interstate body, the federal government or any subdivision thereof and all other groups or combinations, whether public or private.

(15) “Planned project corridor” means the proposed path of a greenway or trail described in an Application for Acquisition of Land and comprised exclusively of those parcels of real property for which Willing Owner Certificates have been executed for 80 percent of the parcels and submitted with the Application.

(16) “Project” means a discrete and identifiable plan or undertaking which describes in detail the acquisition, development, designation, use or management of certain lands or waterways within the Florida Greenways and Trails System.

(17) “Project boundary” means a conceptual outline or drawing that depicts the maximum physical boundaries for a proposed greenway or trail. The project boundary will incorporate not only the planned project corridor, but also any adjacent lands or waterways that could be included within the greenway or trail if one or more parcels within the planned project corridor cannot be acquired in the precise configuration delineated in its legal description.

(18) “Proposal” means the application and supporting documentation submitted to OGT for consideration in one or more of the procedures established by this chapter for the evaluation, selection, acquisition, designation, use or management of lands or waterways within the Florida Greenways and Trails System.

(19) “Public Conservation or Recreation Lands or Waterways” means lands or waterways owned by a national, state, regional or local governmental entity. The following categories of public lands and waterways would typically qualify for designation as part of the Florida Greenways and Trails System:

(a) National parks, forests and trails, preserves, seashores, wildlife refuges, wild and scenic rivers, military reservations and Native American lands;

(b) State park units, forests, recreation areas, submerged lands, wildlife management areas, historic and archaeological sites, ornamental and botanical gardens, university system properties, museums and other special feature sites, public game areas, preserves and reserves;

(c) Lands owned by any port authority, flood control district, water management district, navigation district or other agency created by general or special act; and,

(d) Local government conservation and recreation lands and urban open space areas.

(20) “Quorum” means the minimum number of members legally necessary to conduct official business of an elected or appointed body when duly assembled.

(21) “Recreational Prioritization Maps” means the opportunity maps contained in the document titled Prioritization of Recreational Trail Opportunities for the State of Florida developed by OGT in coordination with the University of Florida, and approved by the Council on May 18, 2002, that rank the opportunity segments shown on the Implementation Plan maps as high, medium, or low priority, based upon criteria approved by the Council. These maps can be obtained by writing to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795, Tallahassee, FL 32399-3000, or through OGT’s website address, www.floridagreenwaysandtrails.com.

(22) “Sponsor” means the person, organization, coalition or government agency (or any combination thereof) that submits to OGT an application for OGT’s acquisition or designation of lands or waterways as components of the Florida Greenways and Trails System, with the intent of being responsible for the planning, establishment, development, maintenance and/or management of the proposed project. The Sponsor of a project can be the landowner or managing entity of the lands or waterways proposed for acquisition or designation.

History

• Rulemaking Authority 260.016(1)(b) FS. Law Implemented 253.781, 260.0142, 260.015, 260.016 FS. History–New 7-11-00, Amended 7-10-03, Technical Change 7-1-26.

Fla. Admin. Code R. 62S-1.300 Solicitation, Evaluation and Selection Process for Department Acquisition of Greenways and Trails

The Department will follow the guidelines established by this rule to solicit, evaluate and select lands to be acquired for the Florida Greenways and Trails System.

(1) Eligibility. Prior to submittal of an application, a sponsor must apply for and receive a “Certificate of Eligibility,” DEP Form #OGT-1, effective July 10, 2003. The Certificate of Eligibility is prescribed for use with these rules and is hereby incorporated by reference. The Certificate of Eligibility form may be obtained by writing to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795, Tallahassee, FL 32399-3000, or through OGT’s website address, https://floridadep.gov/parks/ogt. A Certificate of Eligibility will be provided to the sponsor if the sponsor’s proposed project meets all of the following criteria:

(a) The project meets the definition of a “greenway” or “trail” in Section 260.013, F.S.;

(b) The planned project corridor is located within or adjacent to at least one opportunity segment on one or more of the Recreational Prioritization Maps;

(c) At least 80 percent of the planned project corridor has a landowner or landowners willing to negotiate OGT’s acquisition of their property; and,

(d) The project has a willing managing entity.

A Certificate of Eligibility form may be submitted to OGT at any time during the year, and will be valid for a period of twelve (12) months from the date of issuance by OGT.

(2) Solicitation and Submission of Project Applications. OGT will solicit and accept applications for acquisition funding in the following manner:

(a) To initiate each acquisition funding cycle, OGT will publish a “Notice of Project Solicitation” in the Florida Administrative Register and on the Department’s website address, www.dep.state.fl.us, under the link entitled “Official Notices,” to announce a period of not less than sixty (60) consecutive days during which it will accept applications for acquisition funding under the Florida Greenways and Trails program. The notice shall state the commencement and deadline dates for application acceptance and the approximate amount of funds available for acquisition projects. The amount of available funds stated in the notice shall be based on the anticipated allocation from the Florida Forever Trust Fund to the Florida Greenways and Trails program reflected in the most recent Trust Fund Status and Activity Reports of the Department’s Bureau of Finance and Accounting.

(b) All requests for land acquisition funding under the Florida Greenways and Trails program must be submitted on OGT’s “Application for Acquisition of Land,” DEP Form #OGT-2, effective July 10, 2003 (the “Application”), which is prescribed for use with these rules and is hereby incorporated by reference. The Application may be obtained by writing to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795, Tallahassee, FL 32399-3000, or through OGT’s website address, https://floridadep.gov/parks/ogt.

(3) Review for Completeness. Each timely submitted acquisition application shall, within thirty (30) days after the Application submission deadline, be reviewed by OGT to verify completeness of information in accordance with this section. Incomplete Applications, along with a letter citing each deficiency, shall be returned to the sponsor for completion and resubmission within a period of not less than twenty-one (21) days from the date of the letter. The submission deadline shall be stated in the deficiency letter. A sponsor’s failure to provide the requested information shall be deemed a withdrawal of the Application from further consideration for the advertised acquisition funding cycle. No additional information will be accepted after the deadline stated in the deficiency letter, unless specifically requested by OGT for purposes of clarification.

(4) Evaluation and Selection Criteria. Following the Application submission deadline, OGT will evaluate all timely submitted Applications for conformity with the criteria set forth in this subsection and determine the individual and relative merits of the proposed acquisition projects. During the evaluation period, OGT may conduct site visits or request technical advisory comments from other state agencies, regional planning councils, water management districts, not-for-profit conservation or recreation organizations, or other public or private groups generally recognized as authorities on certain aspects of the acquisition, development and management of greenways and trails. Projects will be grouped as described in subsection 62S-1.300(5), F.A.C. OGT will utilize the information contained within the Application and its attachments, unless such information is contradicted or superceded by data obtained during a site visit or documentary evidence received from one of the technical advisory bodies mentioned above.

(5) Project Grouping.

(a) Upon completion of the project evaluations, OGT shall group each project based on the following criteria:

1. The rank (high, medium, or low) assigned to the project based on the Recreational Prioritization Maps.

2. The percentage of any matching funds available or committed to the project based on the estimated project cost.

3. The percentage of acreage within the planned project corridor that is proposed for less-than-fee acquisition.

4. The project’s ecological values, including forest and wildlife resources.

5. The project’s recreational attributes.

6. The project’s historical and cultural resources.

(b) The projects shall be grouped as follows:

1. Group A: Those projects proposed for approval that will receive the highest priority for acquisition, based on the criteria in this subsection.

2. Group B: Those acquisition projects proposed for approval that are considered by OGT to be important, but not of the highest priority, based on the criteria in this subsection.

(6) Evaluation Report. Upon completion of the project grouping, OGT shall prepare a written evaluation report for consideration by the Council. Upon completion, a copy of the evaluation report shall be provided to members of the Council and the sponsor of each evaluated project. The report shall state the total amount of funds available for acquisition in the current Application cycle and any restrictions (time or otherwise) on the expenditure of said funds. In addition, the report shall provide the following information for each evaluated project, plus any supplementary data relevant to the particular acquisition application:

(a) A general description of the project (including proposed uses) and an area map depicting its location, size, configuration, and connections with other greenways, trails, parks or corridors (if any).

(b) Any condition(s) that should be imposed on the project to protect or sustain the purposes for which the project would be acquired or managed.

(c) A current estimate of the amount of funding necessary to acquire the project.

(d) Any recommended modifications to the project boundary needed for resource protection, acquisition planning, or management.

(e) The project’s recommended grouping.

(7) Council Review and Recommendation of Projects. Within sixty (60) days after its receipt of the evaluation report and recommended project grouping from OGT, the Council shall submit its recommendation to the Secretary in accordance with the following provisions:

(a) The Council shall hold at least one public meeting to discuss the evaluated acquisition projects, during which the public may submit written or verbal comments in support of or in opposition to any project. Notice of each meeting shall be mailed to the sponsors of all evaluated projects, published in the Florida Administrative Register, and published on the Department’s website, www.dep.state.fl.us, under the link entitled “Official Notices,” at least seven (7) days in advance of the meeting date.

(b) At the noticed meeting(s), OGT will present to the Council a verbal summary of the relevant information submitted for each evaluated project and respond to the Council’s questions. Thereafter, the Council shall permit oral or written comments by project sponsors, supporters, and members of the general public. These comments shall be limited in duration if necessary to ensure equal time for all interested parties and projects.

(c) Following the close of the comment period at the final public meeting held for purposes of project review, the Council shall consider the information submitted and either:

1. Approve the project grouping recommended by OGT, or

2. Recommend modification of the project grouping based on the Council’s review of all project applications submitted and evaluated during the current funding cycle, oral presentations by OGT, and written or verbal comments by project sponsors, supporters, or the general public. In addition, taking into account the amount of funding available and types and sizes of projects proposed, the Council may recommend a higher or lower funding level than requested by the sponsor of a project and may also determine that a large project should be acquired or developed in phases to permit a broader allocation of available acquisition funds among projects.

(d) The Council’s recommendations must be ratified by a majority of Council members present and voting at the Council’s final public meeting held for purposes of project review; a quorum must be present when the ratification vote is taken.

(8) Secretarial Approval of Acquisition Projects. Following receipt of the Council’s recommendation, the Secretary shall either approve the Council’s recommendations or modify them based on the Department’s acquisition priorities and thereafter approve a grouped list of acquisition projects. OGT shall provide a copy of the final list of acquisition projects to the sponsors of all evaluated projects and to the Division of State Lands. Upon approval of the project grouping list by the Secretary, the Division of State Lands shall proceed with the acquisition of the projects contained thereon in accordance with the acquisition procedures of Chapter 259, F.S.

History

• Rulemaking Authority 260.016(1)(b) FS. Law Implemented 260.0142, 260.015, 260.016 FS. History–New 7-11-00, Amended 7-10-03, Technical Change 7-1-26.

Fla. Admin. Code R. 62S-1.350 Modification of Approved Acquisition Projects

Modification of approved greenways and trails projects shall be considered by the Department in accordance with the criteria and procedures established by this rule.

(1) Changes Requiring Notice to OGT. Written notice of the following types of changes to approved Group A or Group B projects shall be provided to OGT within ten (10) days after the event:

(a) Substitution, addition, or deletion of a managing entity or project sponsor;

(b) Acquisition of adjacent, additional, or alternative lands located outside the original planned project corridor but within the original project boundary submitted for the project;

(c) Any change in ownership of parcels lying within the planned project corridor;

(d) Change from fee-simple acquisition to less-than-fee acquisition alternatives for one or more parcels within the planned project corridor, or vice versa;

(e) Addition or relocation of trailhead(s) or any other project “capital improvement,” as that term is defined in Section 259.03(3), F.S., or

(f) An increase or reduction in the amount of matching funds or other acquisition and development monies previously committed to the project.

The written notice shall be mailed or delivered to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795, Tallahassee, FL 32399-3000, and shall include a description of each change being made to the project, the reason(s) for each change and the effective date thereof (if any). If the change includes substitution of the project’s managing entity, a “Willing Manager Certificate,” DEP Form #OGT-3, effective July 10, 2003, shall be completed and signed by the new managing entity and submitted with the written notice. If the change involves the proposed acquisition of lands located outside the original planned project corridor but within the original project boundary, a “Willing Owner Certificate,” DEP Form #OGT-4, effective July 10, 2003, shall be completed and signed by the owner of each new or additional parcel, except for parcels to be acquired under Sections 253.781-.782, F.S., and submitted with the written notice.

(2) Modifications Requiring Council Approval. All requests for modifications under this subsection must be submitted on OGT’s “Request for Modification,” DEP Form #OGT-5, effective July 10, 2003, which is prescribed for use with this rule and is hereby incorporated by reference. The Request for Modification form may be obtained by writing to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795, Tallahassee, FL 32399-3000, or through OGT’s website address, https://floridadep.gov/parks/ogt. The following types of changes to approved Group A or Group B projects shall be submitted to and must be approved by the Council:

(a) Any substantial change to the intended use(s) of the project, such as deletion of an entire category of use, changing an unpaved equestrian trail to a paved multiple-use trail, or addition of camping sites to an area initially designated for archaeological study, or

(b) A modification of the planned project corridor that extends outside of the project boundary as described in the original Application.

(3) Submission of Modification Proposal. For any modification requiring Council approval, a completed Request for Modification must be received at least sixty (60) days prior to the public hearing during which it will be considered by the Council. The party seeking modification must mail or deliver an original and twenty-four (24) first-generation copies of the Request for Modification, together with required attachments and other supporting documentation to the address stated in subsection 62S-1.350(2), F.A.C. Faxed copies of required documents will not be accepted or returned.

(4) Contents of Request for Modification. To receive consideration, a Request for Modification must include the following information:

(a) A general narrative description of the project modification requested; a statement indicating why the change is necessary; and an explanation of the effect on the project if the modification is not approved;

(b) A detailed itemization of changes to the original project Application that would result if the modification is approved; for example, if the Request for Modification proposed the substitution of certain adjacent lands, items such as the Application’s list of project parcels and the attached project site sketch, property appraiser assessment statements, and county property appraiser maps would require revision to accurately reflect the project as modified; and,

(c) If the Request for Modification involves the proposed acquisition of lands located outside of the original project boundary, the Request for Modification package submitted must include a “Willing Owner Certificate,” DEP Form #OGT-4, effective July 10, 2003, completed and signed by the owner of each new or additional parcel, except for parcels to be acquired under Sections 253.781-.782, F.S.

(5) Review for Completeness. Within ten (10) days after receipt of a Request for Modification, OGT will provide the submitting party with written notice regarding the completeness and clarity of the documentation submitted. If the Request for Modification is incomplete or otherwise inadequate, the notice will describe the additional information or clarification required and indicate the date by which it must be received by OGT at the address stated in subsection 62S-1.350(2), F.A.C. Failure of the submitting party to timely provide the information requested in the notice shall be deemed a withdrawal of the Request for Modification from further consideration.

(6) Evaluation of Request for Modification. Within forty-five (45) days after receipt of a sufficiently completed Request for Modification, OGT will evaluate the proposal and provide to the submitting party and members of the Council a written evaluation report that includes the following information:

(a) A general description of the modification sought by the Request for Modification, including a statement indicating whether the change is consistent with the purposes for which the project is being acquired and whether the modification would facilitate OGT’s acquisition of the project;

(b) If the modification proposal involves the acquisition of additional lands or waterways located outside the original project boundary, a statement indicating whether the owners of the additional parcels are willing to negotiate with Department representatives regarding the potential conveyance of their lands to the state;

(c) Whether the proposed modification would have changed the recommended grouping of the project if it had been part of the original Application;

(d) Whether the OGT has funds available to cover additional project costs associated with the modification (if any); and,

(e) Any other information OGT needs for clarification of the Request for Modification to the modification proposal.

Prior to consideration of the Request for Modification by the Council, OGT may conduct a site visit to verify representations made in the Request for Modification.

(7) Review and Approval of Requests for Modification. To become effective, a Request for Modification must be endorsed by a majority vote of the Council and approved by the Secretary of the Department under the following procedures:

(a) Within ninety (90) days after OGT’s receipt of a Request for Modification, the Council will consider the modification proposal during a public meeting. Notice of the meeting will be mailed to the party that submitted the Request for Modification and shall be published in the Florida Administrative Register and on the Department’s website address, www.dep.state.fl.us, under the link entitled “Official Notices,” at least seven (7) days in advance of the meeting date.

(b) At the noticed meeting, OGT will present to the Council a verbal summary of the relevant information submitted for each Request for Modification and respond to members’ questions. Thereafter, the Council shall permit oral or written comments by project sponsors, supporters, and members of the general public.

(c) Following the close of the comment period, the Council shall consider the information submitted and either endorse the Request for Modification as presented, or modify and then endorse the Request for Modification. Any modification made to the Request for Modification by the Council shall be based on its review of documentation submitted in support of the Request for Modification, oral presentations by OGT, and written or verbal comments by project sponsors, supporters, or the general public.

(d) A Request for Modification must be endorsed by a majority of Council members present and voting at the public meeting during which the modification was considered; a quorum must be present when the vote occurs. A modification to a Group A or Group B project that does not obtain Council endorsement cannot be implemented within the original project, but it can be incorporated in a new Application package and submitted as a separate acquisition proposal for OGT evaluation and ranking during a regularly advertised funding cycle.

(e) OGT shall forward each endorsed Request for Modification to the Secretary of the Department for approval. Within ten (10) days after receipt of an endorsed Request for Modification, the Secretary shall consider the Council’s endorsement and either approve the modification proposal or amend it based upon the Department’s acquisition priorities and thereafter approve the modification proposal, stating the specific reason(s) for any such amendment. OGT shall provide a copy of each approved Request for Modification to the submitting party and to the Division of State Lands.

History

• Rulemaking Authority 260.016(1)(b) FS. Law Implemented 260.012, 260.0142, 260.015, 260.016 FS. History–New 7-11-00, Amended 7-10-03, Technical Change 7-1-26.

Fla. Admin. Code R. 62S-1.400 Designation of Public Conservation or Recreation Lands and Waterways

(1) Eligible Projects. Public Conservation or Recreation Lands and Waterways within the state may be designated by the Department as components of the Florida Greenways and Trails System upon compliance with the requirements of this rule.

(2) Initiation of Process. The designation process for Public Conservation or Recreation Lands and Waterways can be initiated in one of two ways:

(a) The Department can contact the owner or managing entity of Public Conservation or Recreation Lands or Waterways to formally request that the property be designated as part of the Florida Greenways and Trails System, or

(b) The owner or managing entity of Public Conservation or Recreation Lands or Waterways can contact the Department’s Office of Greenways and Trails at the address stated in paragraph 62S-1.350(2)(b), F.A.C., to request designation of the property as part of the statewide system of greenways and trails.

In either case, the owner of the Public Conservation or Recreation Lands or Waterways proposed for designation must provide the Department with written consent to designation of the property as part of the Florida Greenways and Trails System.

(3) Submission of Project Proposals. To confirm its desire to pursue designation of the Public Conservation or Recreation Lands or Waterways as part of the Florida Greenways and Trails System, the owner or managing entity of the property must complete and file with OGT an “Application for Designation of Public Lands or Waterways,” DEP Form #OGT-6, effective July 10, 2003, which is prescribed for use with these rules and is hereby incorporated by reference. The following documents must be attached to the Application for Designation of Public Lands or Waterways at the time of submittal:

(a) An “Owner Consent,” DEP Form #OGT-7, effective July 10, 2003, which is prescribed for use with these rules and is hereby incorporated by reference, signed by the record title owner(s) of the property; and,

(b) A “Management Certificate,” DEP Form #OGT-8, effective July 10, 2003, which is prescribed for use with these rules and is hereby incorporated by reference, signed by the managing entity of the property. The forms can be obtained by writing to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795, Tallahassee, FL 32399-3000, by telephoning (850)245-2052 (Suncom 205-2052), or through OGT’s website address, www.floridagreenwaysandtrails.com. All required documentation must be submitted to OGT at the above postal address.

(4) Evaluation of Designation Proposals. Upon receipt of a completed and signed Application for Designation of Public Lands or Waterways, Owner Consent form and Management Certificate for the Public Conservation or Recreation Lands or Waterways being proposed for designation, OGT staff will evaluate the designation proposal to verify its compliance with the requirements of this rule. If OGT’s evaluation indicates that the project does not satisfy the designation criteria, it shall so notify the submitting party or parties in writing. If OGT’s evaluation indicates that the requirements of this rule have been met, OGT will coordinate the preparation of a proposed designation agreement for the property.

(5) Preparation of Designation Agreement. At a minimum, a proposed designation agreement shall include or address the following:

(a) The owner’s statutory right to have the property removed from designation;

(b) The term of the designation and the criteria for and manner in which the designation and the agreement can be modified, expanded (to encompass additional adjacent lands or waterways, for example), withdrawn from designation by the owner, or removed from the Florida Greenways and Trails System by the Department;

(c) Management, operation and maintenance of the designated property, including the responsibility of the owner or manager to notify the Department of any change in the following: property ownership or management; the condition or extent of natural, recreational, cultural or historic resources described in the Application for Designation of Public Lands or Waterways or its attachments; or the expansion or improvement of the project or its amenities and facilities. Alternatively, a copy of an existing lease, sublease or other management agreement or plan can be appended to the designation agreement and incorporated therein by reference;

(d) Disposition of all temporary and permanent structures or other improvements made to the property by the owner, the Department or others, whether existing at the time of designation or constructed or erected later;

(e) The issue of public access to all or part of the designated lands or waterways, including written authorization from the owner(s) in the form of a lease or other instrument if public access is granted;

(f) If necessary, development or modification of a greenway or trail use plan for the property which, at a minimum, describes the types and intensities of uses permitted and addresses public safety regulation and enforcement, and the components of which must be compatible with connecting segments of the Florida Greenways and Trails System; alternatively, a copy of an existing lease, sublease or other management agreement or plan can be appended to the designation agreement and incorporated therein by reference;

(g) If applicable, identification of the methods and personnel responsible for enforcement of state law within the designated lands or waterways. If the owner wishes to enforce additional restrictions on the property, the designation agreement must detail the restrictions and identify the methods and personnel responsible for their enforcement, or a copy of an existing lease, sublease or other management agreement or plan can be appended to the designation agreement and incorporated therein by reference.

(6) Public Hearing and Notice. Upon completion of a proposed designation agreement for the Public Conservation or Recreation Lands or Waterways proposed for designation, OGT shall:

(a) Notify the Florida Greenways and Trails Council that the proposed designation will be presented to the Council at its next public meeting;

(b) Provide the Council with a copy of the Application for Designation of Public Lands or Waterways, Owner Consent, Management Certificate and proposed designation agreement for the project;

(c) Publish notice of the Council’s next public meeting in the Florida Administrative Register not less than fourteen (14) days before the meeting; in addition to a statement of the general subject matter to be considered at the meeting, the notice shall include an announcement of the Department’s intent to designate the Public Conservation or Recreation Lands or Waterways as part of the Florida Greenways and Trails System; and,

(7) Council Review and Recommendation. The Florida Greenways and Trails Council shall review each proposal for designation of Public Conservation or Recreation Lands or Waterways as part of the Florida Greenways and Trails System. At the meeting noticed under paragraph 62S-1.400(6)(c), F.A.C., OGT staff will present to the Council a verbal summary of the relevant information submitted for each proposed designation project and respond to members’ questions. Thereafter, the Council shall permit oral or written comments by project sponsors, supporters and members of the general public. These comments shall be limited in duration if necessary to ensure equal time for all interested parties and projects. Following the close of the comment period, the Council shall consider the information submitted and either recommend approval or disapproval of the designation proposal to the Secretary of the Department. The Council’s recommendation shall be ratified by a majority of members present and voting at the public meeting; a quorum shall be present when the ratification vote is taken. OGT staff shall forward the Council’s recommendation to the Secretary of the Department.

(8) Secretary Approval and Effective Date of Designation. The Secretary of the Department shall consider the recommendation of the Florida Greenways and Trails Council and public comment prior to approving or rejecting a proposed designation of Public Conservation or Recreation Lands or Waterways. Official designation of the property into the Florida Greenways and Trails System shall become effective upon execution of a binding designation agreement by the Secretary of the Department, the owner(s) and managing entity of the Public Conservation or Recreation Lands or Waterways and any other indispensable parties.

(9) Record of Designation. OGT shall maintain an indexed record of all designation agreements executed in connection with the designation of Public Conservation or Recreation Lands and Waterways as portions of the Florida Greenways and Trails System. Designation agreements shall be available for public inspection and copying at reasonable times and upon prior written notice to the Department. The owner of the Public Conservation or Recreation Lands or Waterways may (but is not required to) record the designation agreement, or a memorandum thereof, in the public records of the county or counties in which the designated lands or waterways are located, at the owner’s expense.

History

• Rulemaking Authority 260.016(1)(c)1. FS. Law Implemented 260.012, 260.013, 260.014, 260.0142, 260.016 FS. History–New 7-11-00, Amended 7-10-03.

Fla. Admin. Code R. 62S-1.450 Designation Process for Private Lands and Waterways

(1) Eligible Projects. Private lands and waterways within the state can be designated by the Department as components of the Florida Greenways and Trails System upon compliance with the requirements of this rule. To be eligible for designation as part of the statewide system, private lands or waterways must protect or enhance natural, recreational, cultural or historic resources and must either:

(a) Provide linear open space or a hub or a site, or

(b) Promote connectivity between or among conservation lands, communities, parks, other recreational facilities, cultural sites, or historic sites.

(2) Initiation of Process. The sponsor of a greenways or trails project located or to be located on private lands or waterways may initiate the designation process for the subject property by filing with OGT an “Application for Designation of Private Lands or Waterways,” DEP Form #OGT-9, effective July 10, 2003, which is prescribed for use with these rules and is hereby incorporated by reference. OGT will accept Applications for Designation of Private Lands or Waterways at any time throughout the year.

All forms described in this rule can be obtained by writing to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795, Tallahassee, Florida 32399-3000 or through OGT’s website address, www.floridagreenwaysandtrails.com.

(3) Landowner Consent Required. Although the sponsor of the proposed project need not be the owner of the private lands or waterways proposed for designation, the owner(s) must provide OGT with written consent to designation of the subject property as part of the Florida Greenways and Trails System prior to completion of the designation process. Furthermore, if public access is contemplated for any portion of the project, both the owner(s) and the proposed managing entity must provide OGT with written authorization detailing the public access permitted on the project. Accordingly, the project sponsor is strongly encouraged to communicate and collaborate with all potentially affected landowners and land managers throughout the initial and subsequent stages of the designation process.

(4) Submission of Designation Proposal. The Application for Designation of Private Lands or Waterways, which must be submitted to OGT at the address stated in subsection 62S-1.450(2), F.A.C., shall contain the following information:

(a) Identification of the owner(s) of the private lands and waterways proposed for designation and an “Owner Consent,” DEP Form #OGT-7, effective July 10, 2003, and hereby incorporated by reference, signed by each record title owner of the property;

(b) Identification of the proposed managing entity for the private lands and waterways proposed for designation, together with a “Management Certificate,” DEP Form #OGT-8, effective July 10, 2003, and hereby incorporated by reference, signed by the proposed managing entity;

(c) A general narrative description of the physical, biological, archaeological, cultural and historical characteristics of the lands and waterways within the project;

(d) A summary of the documentary, photographic or other information available to confirm descriptions provided in paragraph (c), above, and a statement indicating whether field verification has been conducted to document any or all of the characteristics described;

(e) An explanation of the manner in which the project will protect and/or enhance natural, recreational, cultural or historic resources;

(f) A description of how the project either:

1. Provides linear open space or a hub or a site, or

2. Promotes connectivity between or among conservation lands, communities, parks, other recreational facilities, cultural sites, or historic site,

(g) Photographs of various sites and features within the project site that show typical landscape characteristics, labeled with location and orientation and cross-referenced to the location map described in the following paragraph; and,

(h) An accurate location map of sufficient scale and detail to clearly delineate all property boundaries in relation to other area greenways or trails, county roadways, major topographic features (such as rivers, lakes and power lines) and local government boundaries (if any). The location map must state the length of trails and total project acreage, and should indicate points of interest or special features. When the project provides for public access to existing or proposed trails, the location map must identify the trail alignment, public access points, trailheads and facilities to accommodate the proposed types of public uses over the extent of the trails.

(5) Evaluation of Designation Proposal. Upon receipt of a completed and signed Application for Designation with all required attachments and documentation, OGT staff will evaluate the designation proposal to verify its compliance with the requirements of this rule. If the Department’s evaluation indicates that the project does not satisfy the designation criteria, it shall so notify the submitting party or parties in writing. If OGT’s evaluation indicates that the requirements of this rule have been met, OGT will coordinate the preparation of a proposed designation agreement for the property.

(6) Preparation of Designation Agreement. At a minimum, a proposed designation agreement shall include or address the following items:

(a) The owner’s statutory right to have the property removed from designation;

(b) Statutory limitations on the owner’s liability and duty of care owed to others with regard to the designated property, the Department’s responsibility to post public notices and information, and indemnification of the owner as described in Section 260.0125, F.S.;

(c) The term of the designation and the criteria for and manner in which the designation and the agreement can be modified, expanded (to encompass additional adjacent lands or waterways, for example), withdrawn from designation by the owner, or removed from the Florida Greenways and Trails System by the Department;

(d) If applicable incentives or other terms agreed to between OGT, any other unit of government and the owner of the lands and/or waterways to be designated;

(e) Identification of the person(s), agency, governmental entity, corporation, organization or other authority (which may include volunteer-based organizations) that will be responsible for the management, operation and maintenance of the designated property, together with a description of its duties and obligations with respect to the property and a provision that names the party responsible for notifying OGT of any change in the following: property ownership or management; the condition or extent of natural, recreational, cultural or historic resources described in the Application for Designation of Public Lands or Waterways or its attachments; or the expansion or improvement of the project or its amenities and facilities;

(f) Identification of the existing and intended use(s) of the lands or waterways to be designated, the management practices that will be employed on various areas within the project, and how the uses of the area and the management practices are compatible with the natural, recreational, cultural and historic resources of the project. Alternatively, a copy of an existing lease, sublease or other management agreement or plan shall be appended to the designation agreement and incorporated therein by reference;

(g) Provision for the disposition of all temporary and permanent structures or other improvements made to the property by the owner, the Department or others, whether existing at the time of designation or to be constructed or erected later;

(h) The issue of public access to all or part of the lands or waterways to be designated and the regulation thereof, including a description of how impacts will be avoided or minimized in sensitive ecological, archaeological and historic areas; written authorization from the owner(s) and managing entity in the form of a lease or other instrument is required for any designation or grant of public access to any portion of the property;

(i) Development or modification of a greenway or trail use plan for the property which, at a minimum, describes the types and intensities of uses permitted and addresses public safety regulation and enforcement, and the components of which must be compatible with connecting segments of the Florida Greenways and Trails System. Alternatively, a copy of an existing lease, sublease or other management agreement or plan can be appended to the designation agreement and incorporated therein by reference;

(j) Identification of the methods and personnel responsible for enforcement of state law within the lands or waterways to be designated. If the owner wishes to enforce additional restrictions on the property, the designation agreement must detail the restrictions and identify the methods and personnel responsible for their enforcement; and,

(k) A legally sufficient statement that the designation agreement will be subordinate to any existing leases, subleases, management plans, licenses, easements or other agreements or encumbrances previously executed and currently in effect for any portion of the lands or waterways proposed for designation.

(7) Public Hearing and Notice. Upon completion of a proposed designation agreement for the private lands or waterways proposed for designation, OGT shall:

(a) Notify the Florida Greenways and Trails Council that the proposed designation will be presented to the Council at its next public meeting;

(b) Provide Council members with a copy of the Application for Designation, Owner Consent, Management Certificate and proposed designation agreement for the project; and,

(c) Publish notice of the Council’s next public meeting in the Florida Administrative Register not less than fourteen (14) days before the meeting; in addition to a statement of the general subject matter to be considered at the meeting, the notice shall include an announcement of the Department’s intent to designate the private lands or waterways as part of the Florida Greenways and Trails System and invite public comment on the Application for Designation.

(8) Council Review and Recommendation. The Florida Greenways and Trails Council shall review each Application for Designation of private lands or waterways as part of the Florida Greenways and Trails System. At the meeting noticed under paragraph 62S-1.450(7)(c), F.A.C., OGT staff will present to the Council a verbal summary of the relevant information submitted for each proposed designation project and respond to members’ questions. Thereafter, the Council shall permit oral or written comments by project sponsors, supporters and members of the general public. These comments shall be limited in duration if necessary to ensure equal time for all interested parties. Following the close of the comment period, the Council shall consider the information submitted and either recommend approval or disapproval of the designation proposal to the Secretary of the Department. The Council’s recommendation must be ratified by a majority of members present and voting at the public meeting; a quorum must be present when the ratification vote is taken. OGT staff shall forward the Council’s recommendation to the Secretary of the Department.

(9) Secretary Approval and Effective Date of Designation. The Secretary of the Department shall consider the recommendation of the Florida Greenways and Trails Council and public comment prior to approving or rejecting an Application for Designation of private lands or waterways as components of the statewide system of greenways and trails. Official designation of the subject property into the Florida Greenways and Trails System shall become effective upon execution of a binding designation agreement by the Secretary of the Department, the owner(s) and managing entity of the private lands or waterways and any other indispensable parties.

(10) Record of Designation. OGT shall maintain an indexed record of all designation agreements executed in connection with the designation of private lands and waterways as portions of the Florida Greenways and Trails System. Designation agreements shall be available for public inspection and copying at reasonable times and upon prior written notice to the Department. The owner(s) of the private lands or waterways thus designated by the Department may record the designation agreement, or a memorandum thereof, in the public records of the county or counties in which the designated lands or waterways are located, at the owner’s expense.

History

• Rulemaking Authority 260.016(1)(c)1. FS. Law Implemented 260.012, 260.013, 260.014, 260.0142, 260.016 FS. History–New 7-11-00, Amended 7-10-03.

Chapter 62S-2 RECREATIONAL TRAILS PROGRAM

Fla. Admin. Code R. 62S-2.070 Definitions

The terms used in this part are defined as follows:

(1) “Cash” means money paid by a grantee to purchase goods and services from private and independent sources for accomplishment of a Recreational Trails Program project. In-kind service costs are not considered cash.

(2) “Capital Improvement Plan” means that portion of an applicant’s adopted local comprehensive plan which indicates a schedule of capital improvement projects, including estimated costs and target dates for completion.

(3) “Corridor” means an area of real property suitable for development as a recreational trail.

(4) “Designated Greenway or Trail” means those greenways and trails designated as part of the Florida Greenways and Trails System pursuant to Chapter 62S-1, F.A.C.

(5) “Development” means the act of physically improving an outdoor recreation area, trail facility or project site to increase its ability or capacity to serve as a public outdoor recreation trail.

(6) “Equipment” means tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000.00 or more per unit and used specifically for trail construction or maintenance.

(7) “FDOT” means the Florida Department of Transportation.

(8) “Facility” means a component which provides or assists in providing outdoor recreation trail opportunities.

(9) “FHWA” means the Federal Highway Administration of the U.S. Department of Transportation.

(10) “Fiscal Year” means the State fiscal year, July 1 – June 30.

(11) “Funding Cycle” means the interval of time between the start of a RTP application submission period and the allocation of project funds by DEP.

(12) “Grantee” means an eligible entity receiving RTP funds pursuant to an approved RTP application.

(13) “Greenways and Trails Plan” means the document entitled “Connecting Florida’s Communities with Greenways and Trails.”

(14) “Guidance” means the FHWA Recreational Trails Program Interim Guidance Manual, dated April 1, 1999. The manual is available from the Department’s Office of Greenways and Trails, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, (850)488-3701.

(15) “In-kind Service Costs” means in-house expenses incurred by a grantee for labor or materials, or use of grantee-owned and maintained equipment for accomplishment of an approved RTP project.

(16) “Local Government Comprehensive Plan” means a plan adopted pursuant to Chapter 163, F.S.

(17) “Match” means the provision of cash or in-kind service costs in the ratio required by this rule to be added to RTP funds by the grantee for the project cost.

(18) “Motorized Trail” means a trail specifically for off-road recreational motorized vehicular activities, including all-terrain vehicle riding, motorcycling, use of off-road light trucks, e-bikes, or other off-road motorized vehicles.

(19) “Mixed-Use Trail” means a trail or corridor designated for more than one use, including motorized or nonmotorized uses.

(20) “Needs” means a deficiency in or a necessity to carry out a predetermined level of recreational trail service.

(21) “NEPA” means the National Environmental Policy Act.

(22) “New Construction” means building of new facilities not previously in existence.

(23) “Nonmotorized Trail” means a trail designated for foot, bicycle, canoe/kayak, equestrian traffic, or other nonmotorized uses.

(24) “Office of Greenways and Trails” means the Office of Greenways and Trails of the Florida Department of Environmental Protection.

(25) “Open Space” means an outdoor area the purpose of which is to provide a source of recreation and contribute to environmental harmony through the enrichment of flora, fauna and geological, cultural, or historic features.

(26) “PD&E” means the Project Development and Environment Process developed by the Florida Department of Transportation (FDOT) to serve as a guide for compliance with state and federal environmental policy.

(27) “Plan” means the State Comprehensive Outdoor Recreation Plan, Local Government Comprehensive Plan or Land Management Plan, adopted under Section 253.034, F.S.

(28) “Pre-agreement Expenses” means expenses incurred by a grantee for accomplishment of an eligible RTP project prior to full execution of a project agreement.

(29) “Priority List” means a list that contains all eligible applications which will meet or exceed the minimum point score as required by subsection 62S-2.072(6), F.A.C.

(30) “Program” means the Recreational Trails Program.

(31) “Program Amount” means the amount of RTP funds allocated by the FHWA for the fiscal year.

(32) “Project” means the planned undertaking in which all actions or activities have a clear-cut identity and a well-defined, common outdoor recreation objective that has been planned to the point of definite implementation.

(33) “Project Agreement” means an executed contract between the Department and a grantee setting forth mutual obligations regarding an approved RTP project.

(34) “Project Cost” means the total amount of a RTP grant award and required match.

(35) “Project Element” means an identified facility within a project.

(36) “Project Period” means the period of time set forth in a project agreement during which eligible project costs may be incurred and charged to the grant.

(37) “Project Site” means the specific land area as specifically identified by a survey and a legal description, for which RTP funds are used.

(38) “Real Property” means land and improvements attached or affixed to the land.

(39) “Recreational Trail” means a thoroughfare or track across land or water, used for recreational purposes such as bicycling, day hiking, equestrian activities, jogging or similar fitness activities, trail biking, overnight and long distance backpacking, roller skating, in-line skating, running, aquatic or water activity and vehicular travel by motorcycle, four-wheel drive, all terrain off-road vehicles or dune buggies.

(40) “RTP” means the Recreational Trails Program.

(41) “RTP Advisory Committee” means a committee established by the Florida Greenways and Trails Council appointed pursuant to Section 260.0142(5), F.S., for the purpose of developing the RTP Priority List.

(42) “Renovation” means repair, replacement, or restoration of a trail or trail facilities to an improved condition suitable for public use, which trail and/or facilities have deteriorated due to visitor use to the point where their usefulness is impaired.

(43) “Secretary” means the Secretary of the Florida Department of Environmental Protection.

(44) “SCORP” means the State Comprehensive Outdoor Recreation Plan for the State of Florida prepared under Section 375.021, F.S. A copy of the SCORP may be obtained from the Office of Park Planning, Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #525, Tallahassee, Florida 32399-3000.

(45) “TEA-21” means the federal Transportation Equity Act for the 21st Century, (Pub. L. 105-178, June 9, 1998, as amended by Pub. L. 105-206).

(46) “Qualified Youth Conservation or Service Corps” means the Urban Youth Corps established under 42 U.S.C. 12656 or a qualified full-time, year-round youth corps program or full-time summer youth corps program as defined in 42 U.S.C. 12572.

History

• Rulemaking Authority 260.016(1)(b) FS. Law Implemented 260.016(1)(d), (f), (g), (2)(a)2. FS. History-New 5-1-01, Technical Change 3-26-26.

Fla. Admin. Code R. 62S-2.071 General Requirements

The following constitutes the general requirements for the eligibility for and administration of the program.

(1) Distribution of Program Funds. The Department shall distribute RTP funds as reimbursement grants to applicants eligible under this rule. The Department’s performance and obligation to award program grants are contingent upon an annual allocation by the FHWA and appropriation by the Florida Legislature.

(2) Application Submission Period. The Department shall accept program applications only during the application submission period. Applications must be postmarked on or before the last day of the application submission period. The Department shall publish the dates of the application submission period and other pertinent application information in the Florida Administrative Register.

(3) Maximum Grant Request. The Department shall announce the maximum funds that an applicant may request in an RTP application in the Florida Administrative Register.

(4) Match Requirements. Match requirements for RTP grants are set forth below:

(a) Matching Basis. RTP assistance is provided on a maximum 80:20 (program:grantee) matching basis, except as provided in paragraph (d), below.

(b) Eligible Match Types. A grantee may utilize the following types of match sources for the grantee share: Cash, or in-kind service costs allowable by this rule and the Guidance.

(c) Ineligible Match Sources. Value of real property or inmate labor.

(d) Federal Agency Project Sponsors. Federal agency project sponsors may provide their own funds toward RTP projects as additional federal share up to 95 percent of the project cost.

(5) Grant Award. The Secretary shall determine the final application priority list, based on a review of the RTP Advisory Committee’s recommended priority list and considering the estimated program amount, and shall submit the list to the FHWA for final funding approval.

(6) Program Amount Allocation. The program amount shall be divided into three categories: mixed-use, motorized, and nonmotorized. The percentage of the program amount that is allocated to each category, after the Department’s seven (7) percent for administrative costs and five (5) percent for education costs have been subtracted from the total allocation, shall be as follows:

(a) Mixed-use shall receive 40 percent of the allocation.

(b) Motorized shall receive 30 percent of the allocation.

(c) Nonmotorized shall receive 30 percent of the allocation.

History

• Rulemaking Authority 260.016(1)(b) FS. Law Implemented 260.016(1)(d), (f), (g), (2)(a)2. FS. History-New 5-1-01, Technical Change 3-26-26.

Fla. Admin. Code R. 62S-2.072 Application Requirements and Processing

The Department shall approve applications for program grants in order of priority until all program funds are depleted under the following standards and criteria:

(1) Eligible Applicants. All local governmental entities and state or federal agencies, federally or state recognized Indian tribal governments which have the legal responsibility for the provision of outdoor recreational sites and facilities for the use and benefit of the public, and organizations registered as active Florida nonprofit corporations which have an agreement with a governmental agency to develop public lands, are eligible to submit RTP applications.

(2) Project Eligibility.

(a) Purpose: RTP grants shall only be awarded to grantees for projects that are for the primary purpose of providing recreational trails for the public. Projects must be designed to comply with paragraph 260.016(1)(e), F.S., and the Guidance.

(b) Eligible Site: The site of a proposed RTP project shall be on public lands. The site shall be owned by the applicant or government on or before the closing date of the application submission period. A site not owned by the applicant or government shall be under the applicant’s or government’s control by a 99-year lease or similar control, such that the applicant has the legal ability to dedicate and manage the site for public recreational trail use pursuant to subsections 62S-2.076(1) and (2), F.A.C. School board property used primarily for educational or school related purposes is not eligible. In addition, nonprofit corporations must provide a letter from the land owner or managing agency stating that it supports the project and will abide by the compliance requirements of this rule, and the Guidance.

(c) Number of applications: The maximum number of applications an applicant may submit shall be as follows: local governments may submit one (1); consolidated city-county government may submit two (2); nonprofit corporations may submit one (1); state and federal agencies may submit one (1) per district.

(d) Active Projects: A grantee with two incomplete RTP projects by the closing date of an application submission period shall not be eligible to apply.

(e) Duplicate Projects: RTP funds shall not be approved for completion of an incomplete RTP project.

(3) Permissible Uses of Funds.

(a) Maintenance or renovation of existing trails.

(b) Development or renovation of trailside or trailhead facilities or trail linkages.

(c) Purchase of trail construction or maintenance equipment.

(d) Construction of new trails on local and state lands.

(e) Construction of new trails crossing federal lands, must be:

1. Permissible under other law,

2. Necessary and required by the SCORP that is required by the Land and Water Conservation Fund Act of 1965 and Chapter 375, F.S., and that is in effect; and,

3. Approved by each federal agency having jurisdiction over the affected lands under such terms and conditions as the head, or designee, of the federal agency determines to be appropriate; except that the approval shall be contingent upon compliance by the Federal agency with all applicable laws.

(f) Operation of educational programs to promote safety and environmental protection which specifically relate to the uses of recreational trails, to the extent the Department has not chosen to use the educational funds in whole or in part, to further a statewide goal of the Greenways and Trails Plan. Any unused funds will be made available to applicants in that funding year’s grant submission cycle.

(4) Prohibited Uses.

(a) Condemnation of real property.

(b) Construction of recreational trails for motorized use on U.S. Forest Service land unless the land is designated for motorized use and such construction is consistent with the approved U.S. Forest Service land resource management plan, a copy of which may be obtained from the U.S. Forest Service, 325 John Knox Road, Tallahassee, Florida 32303.

(c) Facilitating motorized trails on otherwise nonmotorized trail areas.

(d) Construction or expansion of existing trails for motorized vehicles on state owned property unless such use is consistent with the land management plan required by Section 253.034, F.S., for the site.

(e) Trail planning, except when performed by the Department using the administrative funds portion of the State’s allocation.

(f) Upgrading, expanding, or otherwise facilitating motorized use or access to recreational trails predominantly used by nonmotorized recreational trail users and on which, as of May 1, 1991, motorized use was prohibited or had not occurred.

(5) Eligibility Determination. Following closure of the application submission period, Department staff shall review and determine the eligibility of each applicant based on the following:

(a) Deficiency Documentation: The applicant may retain eligibility by submitting all documentation missing from or not clear in the application within fifteen working days from the date of the Department’s written notification which identifies each missing or unclear item.

(b) Ineligibility: An application, in whole or in part, may be declared ineligible by the Department or the RTP Advisory Committee pursuant to paragraphs 62S-2.073(2)(a)-(l), (3)(a)-(b) and (4)(a)-(b), F.A.C. If a portion of the project application is determined to be ineligible, the applicant will be notified and given 15 working days to revise the ineligible portion. If the ineligible portion still does not meet the subparagraphs stated herein, the ineligible portion shall be severed or, if not severable, the application shall be rejected.

(6) Application Evaluation. Each eligible application shall be evaluated on the basis of the information provided in the application in accordance with this part. Each application shall be assigned a total point score pursuant to subsection 62S-2.072(7), F.A.C. A project site or facility would not be considered viable if the project does not receive a minimum number of 55 points for motorized projects, 55 points for nonmotorized projects, 61 points for mixed-use projects, and 61 points for education projects, as awarded under Section 62S-2.073, F.A.C. An application with fewer than the required minimum points will not be recommended for funding.

(7) Priority Lists. A total point score shall be assigned to each application upon evaluation of each project under Section 62S-2.073, F.A.C. The RTP Advisory Committee shall prepare one priority list for each category. Applications shall be ranked on the priority list according to assigned point scores. The application with the highest score will receive the highest rank. The funds used for the project shall reduce that particular category’s allocation accordingly. The remaining applications will be arranged in descending order according to their assigned point scores. Applications scoring below the minimum, established pursuant to subsection 62S-2.072(6), F.A.C., shall not be placed on the priority list. The priority list shall include recommendations for distribution of available program funds. In the event there are insufficient applications to account for all program funds assigned to motorized or nonmotorized category, the RTP Advisory Committee may vote to move funds from one category to another. In order to determine whether or not to move funds between motorized and nonmotorized categories, the RTP Advisory Committee shall meet and shall make a determination that there are insufficient applications to use all funds available in that category for that year, and that there is a likelihood that there will be an insufficient amount of applications expected for the next submission cycle.

(8) Tie-Breaker System. If two or more applications receive the same score, the following tie-breaker system will be used to decide the priority ranking among them. Tied applications will be evaluated according to the tie-breaker system in order and will be assigned their priority accordingly. Funding History. An order of priority among those applications with equal scores shall be established based on the amount of funds previously received by the applicant through RTP during the previous five fiscal years. This includes funds received under the program’s previous name of National Recreational Trails Funding Program. The application from the applicant which received the lowest amount of program funds receives the highest priority. Other tied applications will be arranged in descending order related inversely to the amount of program funds each has received.

(9) Unsettled Claims. The Department shall deny or suspend program eligibility to any applicant or grantee against which the Department has an unsettled financial claim related to noncompliance with terms or conditions of an RTP or other DEP outdoor recreation grant.

(10) Unfunded and Ineligible Applications. Any unfunded or ineligible applications shall be returned to the applicant upon written request from the applicant. If no such request is made within 30 days after notification of grant awards, unfunded applications shall be discarded by staff.

(11) Application Form. The Recreational Trails Program Application Form, OGT-10, effective date May 1, 2001, which shall be used for all applications, is hereby incorporated by reference and is available from the Department’s Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station #795, Tallahassee, Florida 32399-3000, (850)488-3701.

History

• Rulemaking Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History-New 5-1-01.

Fla. Admin. Code R. 62S-2.073 Evaluation Criteria

Pursuant to subsection 62S-2.072(7), F.A.C., a total point score shall be assigned to each eligible application after an evaluation according to the application criteria which follows:

(1) Project Type.

(a) Construction of new trails on federal, state, county or municipal lands where recreational needs for such construction is shown:

30 points

(b) Development and rehabilitation of trailside and trailhead facilities and trail linkages:

25 points

(c) Maintenance and restoration of existing trails:

20 points

(d) Purchase of trail construction or maintenance equipment:

15 points

(2) General Criteria.

(a) The project implements the applicant’s adopted local comprehensive plan (city or county); or the land management or recreation or trail plan of a state or federal agency such as those referenced in paragraphs 62S-2.072(4)(b) and (d), F.A.C., SCORP, and Section 253.034, F.S., and other similar plans and; is included in their Capital Improvement Plan (CIP) or similar plan during the current year or one of the next three (3) fiscal years:

10 points

or

Is included as part of the plan through a resolution or agency commitment committing the applicant to amend their CIP or similar plan to include the project should the applicant receive program funds:

5 points

(b) The project addresses one or more issues or goals as identified in the SCORP:

5 points

(c) The project addresses one or more issues or goals as identified in the State’s Greenways and Trails Plan:

5 points

(d) The project facilitates the access and use of trails by persons with disabilities:

5 points

(e) The project includes a written letter of commitment between the applicant and a recognized youth conservation or service corps in which the corps agrees to supply a stated amount of labor:

5 points

(f) The project provides access to or between:

Public parks or other recreational lands or facilities:

5 points

Features or areas of historic, cultural, biological or archaeological significance:

5 points

Existing trail systems:

5 points

Residential or public thoroughfare:

5 points

(g) The applicant obtained public involvement through the following methods:

Presentation at an advertised public meeting held solely for the discussion of the proposed project:

15 points

Presentation at a regularly scheduled meeting of an advisory board, with duties related to park, recreation and leisure service activities:

10 points

Presentation to community organizations or neighborhood associations, or taking of written opinion surveys:

5 points

(h) Project is located on or connects with a National Scenic Trail or National Recreation Trail:

3 points

(i) Project is located on or connects with a State of Florida Designated Greenway or Trail:

3 points

(j) Matching Ratio (federal grant amount: grantee’s cash and/or in-kind services)

50:50

5 points

60:40

3 points

80:20

1 point

(k) The specific trail design demonstrates that the project will support recreational trail opportunities for both motorized and nonmotorized use through innovative techniques such as multiple trails sharing a single corridor, or time sharing of trails or trailhead facilities:

5 points

(l) The specific trail design demonstrates that the project will support mixed-use recreational trail opportunities, either motorized or nonmotorized, through innovative techniques:

3 points

(3) Specific Criteria for Motorized Trail Projects.

(a) The motorized trail project will: (select only one)

Develop new motorized trails:

10 points

Repair or restore designated motorized trails impacted by normal use:

8 points

Develop motorized trail facilities on existing motorized recreational trail corridors:

6 points

(b) The project will support compatible recreational trail use for the greatest number of the following:

Off-Road Motorcycles:

3 points

All-Terrain Vehicles:

3 points

Off-Highway Vehicles (high clearance vehicles):

3 points

Other Motorized Recreational Trail Use:

3 points

(4) Specific Criteria for Nonmotorized Trail Projects.

(a) The nonmotorized trail project will: (select only one)

Develop nonmotorized recreational trail facilities on new corridors:

10 points

Develop nonmotorized recreational trail facilities on existing corridors:

8 points

Improve or repair existing nonmotorized recreational trail and/or facilities:

6 points

(b) The project will support compatible recreational trail use for the greatest number of the following:

Bicycling:

3 points

Skating:

3 points

Day Hiking:

3 points

Equestrian Activities:

3 points

Fitness Activities:

3 points

Overnight or Long Distance Backpacking:

3 points

Aquatic Activity:

3 points

Other Nonmotorized Recreational Trail Use:

3 points

(5) Specific Criteria for Motorized and Nonmotorized Mixed-Use Project.

(a) The motorized/nonmotorized mixed-use project will: (select only one)

Develop new mixed-use trails:

10 points

Repair or restore designated mixed-use trails impacted by normal use:

Develop mixed-use trail facilities on existing motorized recreational trail corridors:

6 points

(b) The project will support compatible recreational trail use for the greatest number of the following:

Off-Road Motorcycles:

3 points

All-Terrain Vehicles:

3 points

Off-Highway Vehicles (high clearance vehicles):

3 points

Other Motorized Recreational Trail Use:

3 points

Bicycling:

3 points

Skating:

3 points

Day Hiking:

3 points

Equestrian Activities:

3 points

Fitness Activities:

3 points

Overnight or Long Distance Backpacking:

3 points

Aquatic Activity:

3 points

Other Nonmotorized Recreational Trail Use:

3 points

(6) Specific Criteria for Educational Project.

(a) The educational project will:

Improve trail user safety:

3 points

Reduce trail user impacts upon the resources:

3 points

Reduce trail user conflicts:

3 points

Increase public awareness of trail opportunities:

3 points

(b) The program has well defined goals and objectives:

6 points

(c) The program is sponsored by a coalition of at least two trail interest groups:

8 points

(d) The program is targeted towards a variety of recreational trail users and potential trail users, both motorized and nonmotorized:

8 points

(e) The program has a well developed evaluation method:

6 points

History

• Rulemaking Authority 260.016(1)(h) FS. Law Implemented –260.016(1)(d), (f), (h), (2)(a)2. FS. History-New 5-1-01.

Fla. Admin. Code R. 62S-2.074 Federal Approval

(1) Compliance and Assurances. Projects receiving federal funding must comply with the NEPA and Guidance standards for preconstruction, construction and post-completion compliance. The Grantee’s compliance with the FDOT’s PD&E constitutes compliance. The Department shall ensure the Grantee’s compliance with all requirements of FHWA.

(2) Application. The Department shall submit state approved Recreational Trails Program applications to FHWA for federal approval.

(3) Transportation Planning. The Department shall submit a list of all projects to be funded to the FDOT for inclusion in the appropriate Statewide Transportation Improvement Program (STIP) or Metropolitan Planning Organization’s Transportation Improvement Program (TIP).

(4) Approval. FHWA shall review all such applications. Once all projects are included in the approved STIP or TIP, FHWA and the Department shall enter into a project agreement to implement approved grant projects.

History

• Rulemaking Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History-New 5-1-01.

Fla. Admin. Code R. 62S-2.075 Grant Administration

The following constitutes procedures for administration of program grants:

(1) Project Agreement. Following FHWA approval of Department submitted applications, the Department and grantee shall enter into a project agreement which sets forth the responsibilities and duties of each regarding administration of the approved project. The project agreement shall contain terms and conditions particular to each project.

(2) PD&E Process. All approved projects are required by FHWA to complete the PD&E Process. This is accomplished by the applicant’s submittal of the PD&E Data Survey, OGT-15, effective date May 1, 2001, hereby incorporated by reference and available from the Department’s Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station 795, Tallahassee, Florida 32399-3000, (850)488-3701. Upon final Class of Action Determination and Department approval of the commencement documentation, the Department shall notify the grantee to proceed with project construction. Grantee may not proceed without such notification.

(3) Payment Basis. Grantees shall be paid program funds by the Department subject to the following conditions:

(a) Project Costs. Payment of project costs shall be reimbursed as provided for in this rule and in the project agreement. Costs must be incurred between the effective date of, and the project completion date identified in, the project agreement except for pre-agreement costs. Costs for surveys (boundary and topographic), title searches, and project signs are eligible project expenses. If the total cost of the project exceeds the grant amount and the required match, the grantee shall pay the excess cost.

(b) Cost Limits. Project planning expenses, such as application preparation, architectural and engineering fees, permitting fees, project inspection, and other similar fees are eligible project costs provided that such costs do not exceed fifteen percent of the total project cost.

(c) Retention. The Department shall retain ten percent of the grant until the grantee completes the project and the Department approves the completion documentation as set forth in subsection 62S-2.075(5), F.A.C.

(4) Accountability. Each grantee shall maintain an accounting system which meets generally accepted accounting principles and shall maintain financial records to properly account for all program and matching funds.

(5) Project Completion Certification. When the Project is completed, the grantee shall submit to the Department a Project Completion Certificate, OGT-14, effective date May 1, 2001, hereby incorporated by reference and available from the Department’s Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station #795, Tallahassee, Florida 32399-3000, (850)488-3701.

(6) Reverted Project Funds. RTP funds remaining after termination of a grant award or completion of project shall revert to the State’s program funds under the provisions of TEA-21. If any funds awarded during a funding cycle are not accepted by the grantee or become available before termination of the fiscal year for which the funds were appropriated, the Department shall offer the funds to unfunded applicants in order of priority.

(7) Development Projects. The following constitute the specific procedures for administration of development projects.

(a) Grant Period. The grantee will have two years from the effective date of the project agreement to complete the project. At the written request of the grantee, Department staff will extend this period for good cause such as financial hardship, public controversy, material shortage, unexpected weather conditions, or other major factors beyond grantee’s control. Only two one-year extensions shall be allowed. After four years all funds not paid revert to FHWA.

(b) Procurement of Goods and Services. The grantee shall secure all goods and services for accomplishment of the project according to its adopted procurement procedures and applicable federal requirements identified in the FHWA Recreational Trails Guidance manual.

(c) Project Development & Environment Process. The grantee shall provide all information and appropriate documentation as required by OGT-15, referenced in subsection (2) of this section. The Department shall complete the process on the grantee’s behalf.

(d) Commencement Documentation. Prior to commencement of project construction, the grantee shall submit for approval the documentation described in the Recreational Trails Program Project Commencement Documentation Form, OGT-11, effective date May 1, 2001, hereby incorporated by reference and available from the Department’s Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station #795, Tallahassee, Florida 32399-3000, (850)488-3701.

1. Project Preconstruction Certification. The grantee shall submit to the Department a Project Preconstruction Certificate, OGT-12, effective date May 1, 2001, hereby incorporated by reference and available from the Department’s Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station #795, Tallahassee, Florida 32399-3000, (850)488-3701.

2. Survey. For all projects, the grantee shall submit to the Department a survey and legal description of the project site. The survey must provide a legal description, and show the site’s boundaries, all known easements, and all encroachments, if any.

3. Commencement Documentation Time Period. The Department shall terminate the project agreement if the Commencement Documentation is not received and approved by the Department within twelve months of the project agreement’s execution. This time period may be extended by the Department for good cause, such as natural disaster.

(e) Completion Documentation. Upon completion of the project and prior to release of the final payment, the grantee shall submit all documentation described in the Recreational Trails Program Project Completion Documentation Form, OGT-13, effective date May 1, 2001, incorporated by reference and available from Office of Greenways and Trails, 3900 Commonwealth Boulevard, Mail Station #795, Tallahassee, Florida 32399-3000, (850)488-3701.

(f) Inspections. The Department shall perform an on-site inspection of the project site to ensure compliance with the project agreement prior to release of the final grant payment. Any deficiencies must be corrected by Grantee prior to disbursement of final payment.

History

• Rulemaking Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History-New 5-1-01.

Fla. Admin. Code R. 62S-2.076 Compliance Responsibilities

The following constitute the general requirements for program compliance:

(1) Site Dedication. Land owned by the grantee, or, in the case of a nonprofit grantee a governmental entity, which is developed or acquired with RTP funds, shall be dedicated for ninety-nine (99) years as an outdoor recreational site for the use and benefit of the general public. Land under control other than by ownership of the grantee such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum of twenty-five (25) years from the completion date set forth in the project completion certificate. The lease must not be revocable at will; must extend for twenty-five (25) years after project completion date; and must contain a clause which enables the grantee to dedicate the land for the twenty-five (25) year period. The dedication must be recorded in the public property records by the grantee, or in the case of a nonprofit grantee, by the land owner.

(a) Continuing Recreational Use. At the option of the Grantee, the project site may be afforded Section 6(f)(3) protection of the Land and Water Conservation Fund Act of 1965 [16 U.S.C. 460l-8(f)(3)]. The Grantee must have sufficient control and tenure of the project site as specified in the LWCF Manual in order to provide reasonable assurance that a conversion will not occur without approval of the National Park Service. The Grantee shall notify the Department that it requests Section 6(f)(3) protection prior to the FHWA authorizing the project.

(b) Equipment. All equipment purchased with RTP funds is to be used for trail maintenance and construction purposes on those trails indicated in the project application. The equipment shall be stored and maintained per the manufacturer’s recommendations. The equipment shall be available for inspection by Department staff.

1. On July 1 of each year, the Grantee will submit proof of insurance for the current fiscal year, and an annual report indicating the previous year’s operating and maintenance schedule.

2. All equipment whose value is in excess of $5,000.00 remains property of FHWA and shall be surplused in accordance with their Guidance. All equipment whose value has depreciated to less than $5,000.00 but greater than zero will be surplused in accordance with DEP Directive 320. A copy of the directive may be obtained from the Division of Administration, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. Should the equipment be lost or stolen, it is the Grantee’s responsibility to replace the equipment at its current value, as determined by the Department.

(2) Management of Project Sites. Grantees shall ensure by site inspections that facilities on project sites developed with RTP funds are being operated and maintained for public outdoor recreational purposes for a period of twenty-five (25) years from the completion date set forth in the project completion certificate. All project sites shall be open at reasonable times and shall be managed in a safe and attractive manner.

(3) Conversion. Should a grantee, within the periods set forth in subsections 62S-2.076 (1) and (2), F.A.C., convert all or part of the project site to other than public outdoor recreational uses, the grantee shall replace the area, facilities, resource, or site at its own expense with a project of comparable scope and quality.

(4) Non-Compliance. The Department shall terminate a project agreement and demand return of the program funds (including interest) for non-compliance by a grantee with the terms stated in the project agreement or this rule. If grantee fails to comply with the provisions of this part or the project agreement, the Department shall declare the grantee ineligible for further participation in RTP until such time as compliance has been obtained.

(5) Public Accessibility. All facilities shall be accessible to the public on a non-exclusive basis without regard to age, gender, race, religion, residence, or ability level.

(6) Entrance Fees. Grantees may charge user fees for the project area, as described in the Guidance. Reasonable differences in entrance fees for program projects may be maintained on the basis of residence, but only if the grantee can clearly show that the difference in entrance fees reflects, and is substantially related to, all economic factors related to park management, and is not simply related to the amount of tax dollars spent by the residents for the park; and that a definite burden on the grantee in park maintenance costs clearly justifies a higher fee for nonresidents.

(7) Native Plantings. In developing a project area with program funds, a grantee shall primarily use vegetation native to the area, except for lawn grasses.

(8) Post Completion Inspections. Department staff shall periodically inspect completed program sites to ensure compliance with program requirements as stated in subsections (4)-(7) of this rule.

History

• Rulemaking Authority 260.016(1)(h) FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2. FS. History-New 5-1-01.

Chapter 62S-3 OPERATIONS, ACTIVITIES AND RECREATION ON LANDS UNDER THE MANAGEMENT OF THE OFFICE OF GREENWAYS AND TRAILS

Fla. Admin. Code R. 62S-3.001 Definitions

History

• Rulemaking Authority 260.016 FS. Law Implemented 253.7821, 260.016 FS. History–New 10-21-01, Amended 11-29-06, Repealed 12-7-15.

Fla. Admin. Code R. 62S-3.002 Operations, Activities and Recreation on Lands Under the Management of the Office of Greenways and Trails

History

• Rulemaking Authority 260.016 FS. Law Implemented 253.05, 253.7821, 260.016 FS. History–New 10-21-01, Amended 11-29-06, Repealed 12-7-15.

Fla. Admin. Code R. 62S-3.003 Determination and Applicability of Fines

History

• Rulemaking Authority 260.016 FS. Law Implemented 253.7821, 260.016 FS. History–New 10-21-01, Amended 7-30-03, 11-29-06, Repealed 12-7-15.

Chapter 62S-4 COASTAL MANAGEMENT PROGRAM COASTAL PARTNERSHIP INITIATIVE GRANTS

Fla. Admin. Code R. 62S-4.001 Definitions

As used in this rule, except where the context clearly indicates a different meaning, the following terms shall have the meaning indicated:

(1) “Act” means the Coastal Zone Management Act of 1972, 16 U.S.C. Sections 1451 et seq.

(2) “Applicant” means local governments of the 35 coastal counties and all municipalities within their boundaries that are required to include a coastal element in the local comprehensive plan. The term also means Florida colleges, community colleges and state universities as listed in chapter 1000.21, F.S., regional planning councils, national estuary programs and non-profit groups, as long as an eligible local government agrees to participate as a partner.

(3) “Application” means a formal request for Coastal Partnership Initiative funds by an applicant consisting of a complete, original grant application form, including required copies and documentation.

(4) “CPI” means Coastal Partnership Initiative, which is a competitive grant program to disperse funds pursuant to Sections 306 and 306A of the Act.

(5) “Department” means the Florida Department of Environmental Protection.

(6) “FCMP” means Florida Coastal Management Program as described in sections 380.20-380.24, F.S.

(7) “Invasive Exotic Plants” for the purpose of this rule, means non-native plants that adversely affect the habitats and bioregions they invade.

(8) “Matching Funds” means non-federal funds expended and/or in-kind services provided by the recipient in conjunction with funds received through this program.

(9) “NOAA” means the National Oceanic and Atmospheric Administration in the U.S. Department of Commerce.

(10) “Non-profit” means any corporation, trust, association, cooperative, or other organization which:

(a) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest;

(b) Is not organized primarily for profit; and,

(c) Uses its net proceeds to maintain, improve, and/or expand its operations. For this purpose, the term “non-profit organization” excludes (i) colleges and universities; (ii) hospitals; and (iii) State, local, and federally-recognized Indian tribal governments.

(11) “Recipient” means an applicant who receives an award through the criteria and procedures established in this rule chapter.

History

• Rulemaking Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 10-15-81, Formerly 17-24.03, Amended 12-2-87, Formerly 17-24.030, Amended 11-22-93, 4-30-96, 6-10-01, Formerly 9M-1.003, Amended 8-11-03, 9-11-05, 1-29-09, 9-2-10.

Fla. Admin. Code R. 62S-4.004 Application Procedures for Coastal Partnership Initiative Grants

(1) CPI Program Purpose. Eligible applicants may request financial assistance to implement projects to protect, enhance, and improve the management of natural, cultural, and historical coastal resources and to increase the sustainability, resiliency and preparedness of coastal communities. Grant applications must benefit the management of coastal resources, and meet the purpose of at least one of the following CPI priority areas:

(a) Resilient Communities. The purpose of this priority area is to help coastal communities prepare for and respond to the effects of climate change and natural hazard events and disasters. Project examples include: conducting vulnerability analyses and risk assessments; developing post-disaster redevelopment plans and business continuity plans; developing climate change adaptation strategies for incorporation in local comprehensive plans or ordinances; developing policies, guidance and best management practices; restoring and preserving coastal wetlands and shorelines; and developing energy efficiency and alternative energy strategies.

(b) Coastal Resource Stewardship. The purpose of this priority area is to promote stewardship and appreciation of fragile coastal resources through local involvement. Stewardship project examples include dune and wetland restoration; invasive exotic plant removal; coastal clean-ups; cultural resource protection; environmental awareness initiatives; coastal learning centers; and environmental education events and field trips.

(c) Access to Coastal Resources. The purpose of this priority area is to help communities identify and improve public access to cultural, historical and natural areas while protecting resources from overuse and damage. Project examples include: planning for, and construction of small-scale projects such as fishing piers, dune crossovers, boardwalks, observation decks, and canoe and sailboat launches; natural shoreline restoration; invasive exotic plant removal; waterfront park improvements; and development of recreational surface water use plans or policies pursuant to section 163.3177(6)(g), F.S.

(d) Working Waterfronts. The working waterfronts priority area is designed to assist communities with waterfront revitalization. The working waterfronts initiative aims to support projects that enhance and sustain traditional waterfront communities while addressing public access, resource protection, and hazard mitigation issues. Project examples in this category include constructing boat ramps, waterside boardwalks, kiosks and fish cleaning stations; and restoring shorelines and wetlands or implementing other measures that mitigate the effects of natural hazards.

(2) Assistance.

(a) Financial awards are limited to:

1. No more than $30,000.00 and no less than $10,000.00, for planning, design and coordination activities; and,

2. No more than $60,000.00 and no less than $10,000.00 for construction projects, habitat restoration, invasive exotic plant removal or land acquisition. These projects cannot involve planning and coordination activities as stated in subparagraph 62S-4.004(2)(a)1., F.A.C.

(b) Projects funded under the CPI must be located on publicly-owned or leased land, or land held in perpetuity under a conservation easement. Projects located on federally-owned lands are not eligible for FCMP funds.

(c) Non-profit organizations are not eligible to receive funds for construction projects, habitat restoration, invasive exotic plant removal or land acquisition. Applications submitted by non-profit organizations that propose these activities will be disqualified.

(d) A recipient will be required to provide 100% (1:1) matching funds, cash or in-kind. No more than one-half (50%) of match can be provided by a third party.

(e) Eligible applicants may submit no more than one application per funding cycle.

(f) Funds awarded by the procedures described in this chapter shall not be used to supplant or replace any state or local funds, used as matching funds to apply for or receive other federal funds, or used as match for funds awarded as a result of the application processes described in this chapter.

(3) Period of Assistance. Funding is available only for project work initiated and completed during a 12-month period beginning July 1 and ending June 30, unless the FCMP grants a written extension for good cause.

(4) Notice.

(a) If funds are available, the FCMP shall initiate the funding cycle by publishing a notice of the availability of funds on the Florida Administrative Register (FAR) website at https://www.flrules.org/ no later than October 31. Applications for a funding cycle will not be accepted prior to the publication of the notice of availability of funds.

(b) In addition, the FCMP shall send a copy of the notice of availability of funds to the chair of the Board of County Commissioners in each of the 35 coastal counties and to the chair of the governing body of each eligible municipality as defined in paragraph 62S-4.001(2), F.A.C.

(5) Application Form. All Coastal Partnership Initiative (CPI) grant applications must be submitted on the CPI Application Form. The CPI Application Form 62S-4.004(5), effective date 9-2-10 is hereby incorporated by reference and is available from the FCMP grants website at http://www.dep.state.fl.us/cmp/grants/index.htm. To request an application form, contact FCMP staff at the Department of Environmental Protection, Florida Coastal Management Program, MS 235, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000.

(a) Applications shall be received by the FCMP on or before 4:00 p.m. (Eastern Time Zone), on the date identified in the notice of availability of funds, which shall be a minimum of 60 days from the publication of the notice.

(b) One originally-signed application, four copies of the application and one CD/DVD version shall be submitted to: FCMP, M.S. 235, ATTN: CPI Applications, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000.

(c) It is the applicant’s responsibility to ensure that one original application, four copies, and one CD/DVD version are delivered at the proper time and place. Applications submitted by fax or other electronic media are not acceptable. Applications received after the exact time and date specified above will be disqualified.

History

• Rulemaking Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 10-15-81, Formerly 17-24.04, Amended 12-2-87, Formerly 17-24.040, Amended 11-22-93, 4-30-96, 6-10-01, Formerly 9M-1.004, Amended 8-11-03, 9-11-05, 1-29-09, 9-2-10.

Fla. Admin. Code R. 62S-4.0045 Application Procedures for Coastal Management Grants to State Agencies and Water Management Districts

History

• Rulemaking Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 8-11-03, Amended 9-11-05, Repealed 1-29-09.

Fla. Admin. Code R. 62S-4.005 Eligibility for Funding of Coastal Partnership Initiative Grants

History

• Rulemaking Authority 120.569, 120.57, 380.22(3) FS. Law Implemented 120.569, 380.22 FS. History–New 10-15-81, Formerly 17-24.05, Amended 12-2-87, Formerly 17-24.050, Amended 11-22-93, 4-30-96, 6-10-01, Formerly 9M-1.005, Amended 8-11-03, 9-11-05, Repealed 1-29-09.

Fla. Admin. Code R. 62S-4.0055 Eligibility for Funding of Coastal Management Grants to State Agencies and Water Management Districts

History

• Rulemaking Authority 120.569, 120.57, 380.22(3) FS. Law Implemented 120.569, 380.22 FS. History–New 8-11-03, Amended 9-11-05, Repealed 1-29-09.

Fla. Admin. Code R. 62S-4.007 Review Procedures and Criteria

(1) Minimum Requirements. Applications must include the following in order to be reviewed by the evaluation committee:

(a) A signed and complete Title Page;

(b) A Location Map;

(c) A Work Plan; and,

(d) A Budget.

(2) Applications that meet the minimum requirements listed in paragraphs 62S-4.007(1)(a)-(d), F.A.C., will be reviewed by an interagency technical evaluation committee of at least three members who are appointed by the FCMP Administrator and have knowledge of current coastal resource management issues and state and federal resource management programs and activities. Each application will be evaluated using the evaluation criteria below. The final score of each application shall be the average of the evaluators’ scores.

(3) Evaluation Criteria.

Maximum Points

(a) The project location is clearly depicted on a map.

10

(b) Project description is clearly presented.

15

(c) Project objectives, tasks, deliverables and timelines clearly relate to the project description.

20

(d) There is a demonstrated need which the project addresses.

25

(e) Project meets purpose of at least one CPI priority.

10

(f) Applicant demonstrates how the project will benefit coastal resource management.

25

(g) Project is feasible and can be completed within one year.

10

(h) Budget and budget narrative clearly show how FCMP funds and match funds will be expended in accordance with paragraph 62S-4.004(2)(d), F.A.C., and demonstrate a cost relationship to project activities.

15

(i) Project costs are reasonable.

10

Total Maximum Points Possible

140

(4) Applications will be funded in rank order by score, depending on the availability of funds. If more than one application receives the same score, those applications will receive equal treatment in making funding decisions.

(5) If the project is funded by NOAA, the subgrant agreement shall be executed within 90 days from approval unless mutually waived by the FCMP and recipient. Failing timely execution, funds will be allocated to other FCMP needs.

History

• Rulemaking Authority 380.22(3) FS. Law Implemented 380.22, 380.27 FS. History–New 10-15-81, Formerly 17-24.07, Amended 12-2-87, Formerly 17-24.070, Amended 11-22-93, 4-30-96, 6-10-01, Formerly 9M-1.007, Amended 8-11-03, 9-11-05, 1-29-09, 9-2-10.

Fla. Admin. Code R. 62S-4.008 Funding Coastal Partnership Initiative Grants

(1) The FCMP shall use the criteria and procedures established in this rule chapter to evaluate project applications and determine their eligibility to be included as part of Florida’s official cooperative agreement application for federal assistance under the Act. The final decision whether or not to fund a project is made by the Department and NOAA.

(2) Funding of any application submitted in response to the FCMP’s notice of availability of funds and in accordance with this rule chapter is subject to the amount of federal coastal zone management funds awarded to the FCMP and the amount allocated to the CPI by the FCMP.

(3) Notice of funding decisions shall be published on the FAR website at https://www.flrules.org/. Any person whose substantial interests are affected may request a hearing pursuant to section 120.569, F.S., within 21 days of publication of the notice. Failure to request a hearing within the applicable time period shall constitute a waiver of the right to a hearing.

(4) A timely filed petition for an administrative hearing shall not cause the suspension of further action on other applications. If, as a result of a chapter 120, F.S., administrative or judicial proceeding, the Department’s determination of ranking for an application is reversed, and as a result an applicant obtains a rank high enough that it would qualify for inclusion in the Department’s application to NOAA, the Department shall include the application in the following year’s application to NOAA for coastal zone management funds.

(5) Any recipient of a previous grant awarded by the Department that did not complete the tasks specified in the grant agreement or substantially failed to abide by the terms of the grant agreement, without good cause, shall be ineligible to be considered for funding under the CPI program for two consecutive funding cycles. The FCMP shall determine within 30 days of the grant end date whether the grant recipient is ineligible pursuant to this paragraph and shall notify the ineligible grant recipient in writing. Any person whose substantial interests are affected may request a hearing pursuant to section 120.569, F.S., within 21 days of receipt of notice. Failure to request a hearing within the applicable time period shall constitute a waiver of the right to a hearing.

History

• Rulemaking Authority 120.569, 120.57, 380.22(3) FS. Law Implemented 120.569, 380.22 FS. History–New 1-29-09, Amended 9-2-10.

Chapter 62S-5 Coastal Management Program Grants to State Agencies and Water Management Districts

Fla. Admin. Code R. 62S-5.001 Definitions

As used in this rule, except where the context clearly indicates a different meaning, the following terms shall have the meaning indicated:

(1) “Act” means the Coastal Zone Management Act of 1972, 16 U.S.C. Sections 1451 et seq.

(2) “Applicant” means state agencies, as identified in Sections 20.10 through 20.43, F.S., and water management districts.

(3) “Department” means the Florida Department of Environmental Protection.

(4) “FCMP” means Florida Coastal Management Program as described in Sections 380.20 through 380.24, F.S.

(5) “Match Funds” means non-federal funds expended and/or in-kind services provided by the recipient in conjunction with funds received through this program.

(6) “NOAA” means the National Oceanic and Atmospheric Administration in the U.S. Department of Commerce.

(7) “Recipient” means an applicant who receives an award through the criteria and procedures established in this chapter.

History

• Rulemaking Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 1-29-09, Amended 8-11-10.

Fla. Admin. Code R. 62S-5.002 Application Procedures

(1) Period of Assistance. Funding is available only for project work initiated and completed during a 12-month period beginning July 1 and ending June 30, unless the FCMP grants a written extension for good cause.

(2) Project Objectives. The FCMP shall use coastal management funds for activities and tasks that are consistent with the intent and purpose of the Act and contribute to the protection, management and enhancement of Florida’s coastal resources. The notice of availability of funds shall identify FCMP priorities within the objectives, but applications that meet any of the objectives may be submitted.

(3) Notice. To initiate a funding cycle, the FCMP shall publish a notice of the availability of funds on the Florida Administrative Register (FAR) website at https://www.flrules.org/ no later than October 31. The period for submitting applications shall be a minimum of 60 days from publication of the notice of availability of funds.

(4) Application Process. There is no specific application form supplied by FCMP; however, the application format and content shall be as follows:

(a) All applications shall be submitted on 81/2'' by 11'' white paper. One original signed application, four paper copies of the application, and one CD-DVD copy of the application must be submitted.

(b) Title Page. Each copy of the application shall include a Title Page that contains the following information:

1. Title of the project.

2. Name of applicant entity and name of applicant partner entity, if applicable, that has agreed to participate.

3. Name, title, phone and fax numbers, e-mail address, and postal address of official contact during application and award procedures.

4. Name of proposed project manager.

5. Signature and date. Include typewritten name and full title of signatory.

(c) Work Plan. This section describes the project and cannot exceed 10 single-sided pages or 5 double-sided pages. The title page, location map, budget page and 306A checklist are not counted as part of the 10 pages. The Work Plan shall include the following sections and information:

1. Project Description. Describe the proposed project or activity, explaining how it enhances or protects coastal resources and meets the priorities identified in the Notice of Availability of Funds. Describe how the work can be completed within one year and implemented upon completion.

2. Project Location. Include a location map no larger than 8 1/2'' x 11''. For proposed construction projects, include the location map and an 8 1/2'' x 11'' site plan in the 306A checklist.

3. Objective. Describe the specific tasks and deliverables and related timelines for each.

4. Budget. The application must include a budget that:

a. Shows how funds will be expended and describes the source and amount of match funds, if any.

b. Indicates whether additional funds from other sources will be used to complete the proposed project. If total project costs exceed the amount of proposed FCMP funds and match funds, indicate the total project cost.

c. Reflects a maximum of 5% in indirect costs, if the applicant elects to include indirect costs in the project budget.

5. If construction is proposed, a statement confirming that:

a. The applicant has conducted preliminary consultation with appropriate federal, state, regional and local regulatory agencies and the agencies did not identify any apparent conflicts with applicable permit requirements.

b. The property on which construction activities will take place is owned or leased by the applicant or the applicant holds a sufficient easement. Projects located on federally-owned lands are not eligible for FCMP funds.

c. Permits can be obtained and project construction completed within the grant year.

History

• Rulemaking Authority 380.22(3) FS. Law Implemented 380.22 FS. History–New 1-29-09, Amended 8-11-10.

Fla. Admin. Code R. 62S-5.003 Review and Funding of Grants

(1) The FCMP shall review applications in consultation with agencies having the appropriate expertise to evaluate the merits of the projects and provide technical comments and recommendations to the FCMP. The FCMP shall determine which projects will be included in the state’s cooperative agreement application to NOAA based on the consultation and the following criteria: the project’s feasibility; the cost-effectiveness of the project; and the degree to which the project meets the priorities stated in the notice of availability of funds, complements other state and federal resource management programs and initiatives, and meets or reduces an unmet need.

(2) The FCMP shall use the criteria and procedures established in this rule chapter to evaluate project applications and determine their eligibility to be included as part of Florida’s official cooperative agreement application for federal assistance under the Act. The final decision whether or not to fund a project is made by the Department and NOAA.

(3) Funds awarded by the procedures described in this chapter shall not be used to supplant or replace any state or local funds, used as matching funds to apply for or receive other federal funds, or used as match for funds awarded as a result of the application processes described in this chapter.

(4) Funding of any application submitted in response to the FCMP’s notice of availability of funds and in accordance with this rule chapter is subject to the amount of federal coastal zone management funds awarded to the FCMP and the amount allocated to the CPI by the FCMP.

(5) Notice of funding decisions shall be published on the FAR website at https://www.flrules.org/. Any person whose substantial interests are affected may request a hearing pursuant to Section 120.569, F.S., within 21 days of publication of the notice. Failure to request a hearing within the applicable time period shall constitute a waiver of the right to a hearing.

(6) A timely filed petition for an administrative hearing shall not cause the suspension of further action on other applications. If, as a result of a Chapter 120, F.S., administrative or judicial proceeding, the Department’s decision not to fund an application is reversed, the Department shall include the application among any state agency or water management district projects included in the following year’s application for coastal zone management funds pursuant to the Act.

History

• Rulemaking Authority 380.22(3) FS. Law Implemented 380.22, 380.27 FS. History–New 1-29-09, Amended 8-11-10.

Chapter 62S-6 Pollutant Discharge Act

Fla. Admin. Code R. 62S-6.009 Application of Definitions

For purposes of this chapter, the following terms shall be defined to mean:

(1) “Pollutant” in accordance with Section 376.031(7), F.S., is interpreted to mean “oil of any kind and in any form” and “derivatives thereof” to include, but not be limited to, crude petroleum or liquid products that are derived from crude petroleum by distillation, cracking, hydroforming, and/or other petroleum refinery processes to include “gasoline.” “Pesticides” means liquid chemical preparations intended for use in killing or regulating the growth of any living organism; “ammonia” and “derivatives thereof” include, but are not limited to anhydrous liquid ammonia (NH3), ammonia in aqueous solution (NH4OH), ammonium salts or other liquid chemical preparations which when discharged release free ammonia (NH3), or ammonium ion (NH4); and “chlorine” and “derivatives thereof,” include, but are not limited to, anhydrous liquid chlorine (Cl2), chlorine in aqueous solution (HOCL + Cl – ), compounds containing hypochlorite (ClO – ), chlorite (ClO2 – ), chlorate (ClO3 – ) perchlorate (ClO4 – ) lons, other liquid chemical preparations which, when discharged, release free chlorine (Cl or Cl2) or any of the above chlorine-containing ions.

(2) “Cargo” means goods or materials on board a vessel for purposes of transportation, in bulk, and regardless of whether transported under proprietary or non-proprietary shipping documents. Pollutants recovered and transported as the direct result of cleanup activities in response to a given discharge shall not be considered cargo.

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.031, 376.065, 376.07 FS. History–New 8-23-74, Formerly 16B-16.09, Amended 11-5-80, 11-21-83, 10-3-85, 11-11-85, Formerly 16N-16.09, Amended 8-27-92, Formerly 16N-16.009, Amended 10-17-94, Formerly 62N-16.009, Amended 1-9-14.

Fla. Admin. Code R. 62S-6.012 Discharge Cleanup Organization; Approval

(1) For approval as a discharge cleanup organization, an applicant shall apply to the department on a Form 62S-6.012(1), Application for Approval as a Discharge Cleanup Organization, dated 1-9-14, hereby adopted and incorporated by reference. The completed form can be either mailed to the Department of Environmental Protection, Office of Emergency Response, 3900 Commonwealth Boulevard, M.S. 659, Tallahassee, Florida 32399-3000 or it can be electronically submitted to the following email address, OER@dep.state.fl.us. Copies of this form are available from Department of Environmental Protection, Office of Emergency Response, 3900 Commonwealth Boulevard, M.S. 659, Tallahassee, Florida 32399-3000 or https://www.flrules.org/Gateway/reference.asp?No=Ref-03630 or http://www.dep.state.fl.us/oer/contractors.htm/.

(2) There are two categories of discharge cleanup organizations. Category one is for organizations providing discharge containment only; category two is for organizations providing containment and cleanup of a 10,000 gallon pollutant discharge. The department shall approve discharge cleanup organizations that meet the following criteria:

(a) Category one applicants shall have access to the containment equipment equal to five times the length of the largest vessel docking at or the largest vessel providing service from the terminal facility, whichever is larger, for the terminal facility for which the applicant will provide service.

(b) Category two applicants shall have access to the equipment required, pursuant to Rule 62S-6.034, F.A.C., to begin cleaning up a 10,000 gallon discharge within 4 hours of discharge notification to their organization.

(3) Once a discharge cleanup organization has been initially certified, it shall be the organization’s responsibility to notify the department in writing of any changes to the information contained in its original application. Failure to notify the department is grounds for suspension or revocation of the certification.

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.065, 376.09 FS. History–New 8-23-74, Formerly 16B-16.12, Amended 11-5-80, Formerly 16N-16.12, Amended 6-17-92, Formerly 16N-16.012, 62N-16.012, Amended 1-9-14.

Fla. Admin. Code R. 62S-6.022 Notification of Pollutant Discharge

(1) The “person-in-charge” master of any vessel or the “person-in-charge” of any terminal facility that suffers a pollutant discharge which enters or threatens to enter waters of the state within the jurisdiction of the department shall, within one hour of discovery of the discharge, notify the State Watch Office at (850)413-9911 or the United States Coast Guard at the National Response Center.

(2) The person making notification to the State Watch Office shall provide at least the following information regarding the spill.

(a) Name, occupation, title and telephone number of person making notification.

(b) Type of pollutant spilled.

(c) Location of spill (nearest city, river, bay, miles, etc.).

(d) Type of installation or carrier involved in the spill.

(e) Estimated amount of pollutant spilled.

(f) Date and time (local) of spill.

(g) Persons and agencies already contacted.

(h) Size and characteristics of area already affected by the spill.

(i) Containment and cleanup efforts to date.

(j) Cause of spill if known.

(k) Person or firm in charge of source.

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.12 FS. History–New 11-5-80, Formerly 16N-16.22, Amended 6-17-92, Formerly 16N-16.022, 62N-16.022, Amended 1-9-14.

Fla. Admin. Code R. 62S-6.032 Terminal Facility Discharge Prevention and Response Certificates; Inspections

(1) An owner or operator of a terminal facility shall provide to the department, the information required pursuant to Section 376.065, F.S., for the issuance of a discharge prevention and response certificate.

(2) The department shall inspect each terminal facility required to have a discharge prevention and response certificate and;

(a) Verify the information required to be provided by the applicant under Section 376.065(2), F.S.

(b) Inspect and verify access to the containment and cleanup equipment required for terminal facilities which store or service vessels having a capacity to carry 10,000 gallons or more of pollutants as fuel or cargo as provided under Section 376.065(3), F.S.

(c) Review and verify the contents of the terminal facility site specific discharge contingency plan to ensure it contains the minimum information required pursuant to Rule 62S-6.033, F.A.C.

(3) For purposes of preparing a terminal facility discharge contingency plan, a reasonable time for having additional cleanup equipment at the location of the discharge shall be presumed to be four hours after initial discovery of the discharge.

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.065 FS. History–New 8-27-92, Formerly 16N-16.032, Amended 4-12-95, Formerly 62N-16.032.

Fla. Admin. Code R. 62S-6.033 Terminal Facility Discharge Contingency Plan

(1) An owner or operator of a terminal facility shall have a discharge contingency plan which is site specific for reporting discharges and detailing the methods, means and equipment to be used in the removal of such pollutants in the event of a discharge which enters or threatens to enter waters of the state. An adequate discharge contingency plan shall be one of the following:

(a) A plan in compliance with the federal Oil Pollution Act of 1990, Section 4202 requirements, which is hereby incorporated by reference, for an oil transfer facility contingency plan, or

(b) For terminal facilities which store or service vessels with the capacity to carry 10,000 gallons or greater of pollutants as fuel or cargo, excluding motor fuel, a plan which includes as a minimum, the following details:

1. Terminal Facility Description.

a. The terminal facility name, location (including latitude, longitude and street address), telephone numbers, radio frequencies, if any, terminal facility size and storage capacities, hours of operation, pollutants handled, and types of transfers conducted.

b. Description of the terminal facility’s waterfront including any docks or wharves and the length and capacity of the largest vessel serviced at or providing service from the terminal facility.

c. Description of prevailing tides, currents, water depths, shorelines, and any structures located in adjacent waters within 100 yards of the terminal facility.

d. Description of seasonal weather to include wind directions and speeds, air and water temperatures and potential visibility problems.

2. Organization.

a. The name of the designated spill response officer or “person in charge” and the facility manager and a description of the designated individuals’ training and discharge response duties. If the duties of the spill response officer are assumed by an individual with a different title, that individual’s title also may be used in the plan.

b. The names or positions of terminal facility employees assigned to the terminal facility discharge response team.

c. The names and telephone numbers of the owners, operators, facility manager and an alternate individual designated to be in charge of the facility when the facility manager is not present at the facility.

d. Location of the current list of the names and telephone numbers of additional personnel available to respond to a discharge.

3. Notification.

a. The responsibility and procedure for the immediate telephone and radio notification of a discharge to the U.S. Coast Guard at the National Response Center or the State Watch Office at (850)413-9911.

b. The responsibility, procedure and telephone numbers for the timely notification of a discharge to the terminal facility’s management, off-duty personnel, cleanup contractors, oil spill cooperative, local emergency response governmental agencies.

c. Description of systems, measures, and devices used to detect discharges such as routine patrols, alarms, monitors and inspections.

4. Verification. The organizational procedure for verifying the source or cause of the discharge, the type, volume, and characteristics of the discharged pollutant, and the flow rate of discharge.

5. On-scene Assessment.

a. Provide the name or title of the terminal facility personnel responsible for the initial determination of the size and projected threat of a discharge; movement of the pollutant; waters, shorelines and structures that may be affected; any anticipated environmental damage and observations of wind velocity and direction; currents and other such data that may assist in making discharge movement projections.

b. A plan or table of tank capacities to enable the volume estimation of a discharge or threat of a discharge from specific tanks or lines.

6. Response to a Discharge.

a. List of all discharge containment or cleanup equipment at the terminal facility and the physical storage location of the equipment.

b. Procedures for terminal facility or contracted personnel to begin deploying containment boom within one hour of discovery of a discharge. Identify response team members by name or position and their specific responsibilities. The plan shall provide for initial containment response within one hour after discovery of a discharge and a secondary cleanup response using additional cleanup equipment within four hours after initial deployment of containment boom.

c. A list of cleanup contractors and local sources of cleanup equipment and materials available to the terminal facility. Detail the procedure and responsibility for obtaining and transporting the additional cleanup equipment required by Rule 62S-6.034, F.A.C., if the equipment is not stored at the terminal facility.

7. Discharge Mitigation. Provide piping and tank diagrams showing the location of items, including valves, vents, and lines necessary to determine the source and cause of a discharge. Also include a description of the measures that can be taken to stop, control, mitigate and contain the discharged pollutant.

8. Protection of Sensitive or Critical Locations.

a. Identify all known sensitive or critical locations most likely to be subjected to potential damage by a discharge including but not limited to, marshes, marinas, power plants, and parks. Include name of the location and telephone number of a contact person at each such location (park manager, marina manager, power plant manager, etc.), if any, and distance from the terminal facility.

b. Describe the methods and procedures to be used in protecting these identified areas.

9. Recovery and Disposal.

a. Identify spill recovery equipment and systems available for deployment.

b. Identify available locations for deployment of this equipment.

c. Identify the available staging and temporary storage areas for recovered pollutants.

d. Identify potential waste disposal facilities or sites for permanent disposal of recovered pollutant waste.

(c) For terminal facilities which store or service vessels with the capacity to carry less than 10,000 gallons of pollutants as fuel or cargo, excluding motor fuel, a plan which includes as a minimum, the following details:

1. Terminal Facility Description.

a. The terminal facility name, physical location and street address, telephone numbers, radio frequencies, if any, terminal facility size and pollutant storage capacities, hours of operation, pollutants handled, and types of transfers conducted.

b. Description of the terminal facility’s waterfront including any docks or wharves and the length and capacity of largest vessel serviced at or providing service from the terminal facility.

2. Organization. The name, address and telephone numbers of the owner, operator, terminal facility manager, and person designated to be in charge of the terminal facility when the terminal facility manager is not present at the facility.

3. Notification.

a. The responsibility and procedure for the immediate telephone and radio notification of any discharge to the U.S. Coast Guard at the National Response Center or the State Watch Office at (850)413-9911, including, but not limited to, telephone numbers and radio frequencies of the U.S. Coast Guard and state contact point.

b. The responsibility, procedure and telephone numbers for the timely notification of a discharge to persons listed in subparagraph 2., above, off-duty personnel, cleanup contractors, oil spill cooperative, local emergency response governmental agencies and other response and cleanup forces.

4. Response to a Discharge.

a. List of all discharge containment or cleanup equipment at the terminal facility and the physical location of the equipment.

b. Procedures for terminal facility or contracted personnel to begin deployment of containment boom within one hour of discovery of a discharge.

c. A list of cleanup contractors and local sources of cleanup equipment and materials available to the terminal facility.

(2) All terminal facility discharge contingency plans must be revised within 30 days of any significant change affecting the discharge response preparedness or capabilities of the facility. The plan shall be made available for inspection by the department upon request.

(3) The terminal facility owner or operator shall provide for the annual spill response training of all terminal facility personnel who are identified in the discharge contingency plan by name, title or position as having duties or responsibilities for response in the event of a discharge. In addition, the owner or operator shall insure that all such terminal facility discharge response personnel are required to review the facility’s discharge contingency plan on an annual basis or when significant changes or revisions have been made to the plan. Records of the required training and review shall be kept at the facility and made available for inspection upon request by the department.

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.07 FS. History–New 8-27-92, Formerly 16N-16.033, Amended 4-12-95, Formerly 62N-16.033, Amended 1-9-14.

Fla. Admin. Code R. 62S-6.034 Additional Equipment to Cleanup a 10,000 Gallon Pollutant Discharge

(1) The additional cleanup equipment to be available to a terminal facility as required under Section 376.065(3), F.S., shall be as follows:

(a) Twenty-five hundred feet of sorbent boom.

(b) Two each 2,000 gallon per hour mechanical removal or skimming devices and two each 2,000 gallon capacity holding or storage devices and a minimum of 200 feet of suction hose.

(c) A sufficient quantity of sorbents based on their rated sorption capacity for 1,000 gallons of pollutants.

(d) One thousand each heavy duty 30 gallon or larger garbage bags or the equivalent, for containment of soiled sorbents.

(e) Three boats (16 feet or larger), each with a minimum of a 25 horsepower engine suitable for deploying and retrieving boom and transporting discharge clean up equipment.

(f) Hand tools – 10 each yard rakes, 10 each square point shovels, 10 each round pointed shovels and 3 each wheelbarrows.

(g) Two each portable gasoline powered blowers (yard type).

(h) Two each portable trash pumps with at least 100 feet of discharge hose and 50 feet of suction hose with a nozzle. Pumps shall have a lift capacity of 25 feet and discharge capacity of 50 psi.

(i) Ten each portable two-way communication radios or cellular telephones.

(j) One thousand feet of 1/2" line or rope.

(k) Nautical charts of the terminal facility site.

(l) Fifty sets of protective clothing.

(m) Twenty-five pairs of protective footwear.

(2) A terminal facility shall not be required to provide for permanent or sorbent boom in response to a discharge of chlorine, ammonia or pesticides in a form which cannot be contained by such booming equipment.

(3) A terminal facility may request a waiver or substitution for any specific equipment required by this section. The department shall grant the waiver or substitution provided the item is not required due to specific environmental or operational features or characteristics at the terminal facility and that the waiver or substitution will not be detrimental to the discharge cleanup capabilities of the facility.

History

• Rulemaking Authority 376.07 FS. Law Implemented 376.065 FS. History–New 8-27-92, Formerly 16N-16.034, 62N-16.034, Amended 1-9-14.

Chapter 62S-7 Public Financing of Coastal Construction “SLIP Study Rule”

Fla. Admin. Code R. 62S-7.010 Definitions

(1) “Area at risk due to sea level rise” is as defined in Section 380.0937(1)(a), F.S.

(2) “Department” means the Department of Environmental Protection.

(3) “Expected life” means the time when an element is supposed to function within its specified parameters; in other words, the life expectancy of the potentially at-risk structure or infrastructure or project.

(4) “Flood depth” is the water level measured in feet above the ground at the project location.

(5) “Inundation” is defined as the complete submergence of the ground, a structure, or infrastructure, to water.

(6) “Level of service” means an indicator of the extent or degree of service provided by, or proposed to be provided by, a potentially at-risk structure or infrastructure based on and related to the operational characteristics of the asset such as the functional capacity per unit of demand.

(7) “Potentially at-risk structure or infrastructure” is as defined in Section 380.0937(1)(c), F.S.

(8) “Public entity” is as defined in Section 380.0937(1)(d), F.S.

(9) “Significant flood damage” is as defined in Section 380.0937(1)(e), F.S. For potentially at-risk structures or infrastructure for which replacement cost is not an appropriate metric, this term includes:

(a) Damage that affects functionality of the potentially at-risk structure or infrastructure due to a flood event or successive flooding events resulting in perpetual inundation occurring over a two-month period. For the purposes of determining an estimated probability of significant flood damage, this means inundation of two feet above the lowest point of a perpendicular transect of the potentially at-risk structure or infrastructure; or

(b) Damage that causes a reduction in the level of service below the minimum level of service identified in a local government’s concurrency standards required by Section 163.3180(1), F.S.

(10) “SLIP study” is as defined in Section 380.0937(1)(f), F.S.

(11) “State-financed constructor” is as defined in Section 380.0937(1)(g), F.S.

(12) “Vertical construction” means the new construction of any building, structure or other improvement that is predominantly vertical, including, without limitation, a building, structure or improvement for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, and any improvement appurtenant thereto.

History

• Rulemaking Authority 380.0937(6) FS. Law Implemented 380.0937, 161.3180(1) FS. History‒New 7-1-21, Amended 7-1-24.

Fla. Admin. Code R. 62S-7.011 Requirements of The State-Financed Constructor

(1) A state-financed constructor must conduct a SLIP study that meets the standards and criteria in Rule 62S-7.012, F.A.C., prior to construction of a potentially at-risk structure or infrastructure. A state-financed constructor may comply with this requirement by using the Department’s web-based tool, which was designed to meet the criteria in Rule 62S-7.012, F.A.C., for performing and submitting a SLIP study or conduct and submit a SLIP study by their own method that otherwise meets the standards and criteria established in Rule 62S-7.012, F.A.C.

(2) The state-financed constructor may not commence construction of a potentially at-risk structure or infrastructure until a SLIP study meeting the criteria in Rule 62S-7.012, F.A.C., has been submitted to the Department and has received notification from the Department via the web-based tool or email that the SLIP study has been published on the Department’s website for 30 days. The Department encourages submission of the SLIP study during planning and design phases of the project.

(3) All SLIP studies will be maintained on the Department’s website for a minimum of 10 years.

History

• Rulemaking Authority 380.0937(6) FS. Law Implemented 380.0937 FS. History‒New 7-1-21, Amended 7-1-24.

Fla. Admin. Code R. 62S-7.012 SLIP Study Standards

A SLIP study required under Section 380.0937, F.S., shall meet the following standards and criteria, and the Department’s web-based tool has been designed to meet these standards and criteria:

(1) Show the amount of sea level rise expected over 50 years or the expected life of the potentially at-risk structure or infrastructure, whichever is less. When there are multiple project features that function as one combined project, as contemplated by Section 380.0937(3), F.S., one SLIP study may be submitted, but the expected life shall be that of the highest Risk Category for all project features contemplated. The amount of sea level rise expected must be calculated using the following criteria:

(a) The sea level rise scenarios used for analysis must, at a minimum, include the highest of the sea level rise projections required by Section 380.093(3)(d)3.b., F.S.

(b) The local sea level rise at the project’s location must be interpolated (using the project’s distance away from the gauges as the independent variable) between the two closest coastal tide gauges that do not have data warnings associated with them with NOAA sea level rise projections listed below.

1. 8670870 Fort Pulaski, Georgia

2. 8720030 Fernandina Beach, Florida

3. 8720218 Mayport, Florida

4. 8721604 Trident Pier, Florida

5. 8722670 Lake Worth Pier, Florida

6. 8723214 Virginia Key, Florida

7. 8723970 Vaca Key, Florida

8. 8724580 Key West, Florida

9. 8725110 Naples, Florida

10. 8725520 Fort Myers, Florida

11. 8726384 Port Manatee, Florida

12. 8726674 East Bay, Florida

13. 8726520 St. Petersburg, Florida

14. 8726724 Clearwater Beach, Florida

15. 8727520 Cedar Key, Florida

16. 8728690 Apalachicola, Florida

17. 8729108 Panama City, Florida

18. 8729210 Panama City Beach, Florida

19. 8729840 Pensacola, Florida

20. 8735180 Dauphin Island, Alabama

(c) Flood depth must be calculated in North American Vertical Datum of 1988 (NAVD88) over the entirety of the project location out 50 years or the potentially at-risk structure or infrastructure’s expected life, whichever is less, for the highest of the sea level rise projections required by Section 380.093(3)(d)3.b., F.S.

(d) The contribution of land subsidence to relative local sea level rise must be included. The land subsidence contribution is calculated by NOAA for each local tide gauge and is included in each of the NOAA sea level projections. This data (labeled VLM for Vertical Land Movement) is presented in the U.S. Army Corps of Engineers (USACE) sea level change calculator (Version 2022.72) (effective July 1, 2024) found at https://cwbi-app.sec.usace.army.mil/rccslc/slcc_calc.html, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-16620.

(2) Show the estimated probability of significant flood damage risk expected over 50 years or the expected life of the potentially at-risk structure or infrastructure, whichever is less. Use the following metrics to calculate the amount of flooding and wave damage for use in determining the probability of significant flood damage:

(a) FEMA storm surge water surface elevation for the 1% annual chance (100 year) flood event must be approximated in NAVD88 for the entire project location. Location-specific water surface elevations can be found within the SLIP tool or at the FEMA Flood Map Service Center https://msc.fema.gov/portal/home (effective July 1, 2021), hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13156. Copies of these documents may be obtained by writing to the Office of Resilience and Coastal Protection, Mail Station 230, Department of Environmental Protection, Douglas Building, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000.

(b) The FEMA 1% annual chance water surface elevation must be added to the highest of the sea level rise projections required by Section 380.093(3)(d)3.b., F.S., and then compared to the project’s critical elevations to assess flood risk. Critical elevations must be Finished First Floor Elevation (FFE), the Lowest Adjacent Grade (LAG) of the potentially at-risk structure or infrastructure, or another critical design element which may be substantially damaged if flooded. Refer to the 2023 Florida Building Code, Section 1603.1.7, Flood Design Data (effective July 1, 2024), for assistance in defining the critical elevation at https://codes.iccsafe.org/content/FLBC2023P1/chapter-16-structural-design#FLBC2023P1_Ch16_Sec1603.1.7, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-16621. Copies of these documents may be obtained by writing to the Office of Resilience and Coastal Protection, Mail Station 230, Department of Environmental Protection, Douglas Building, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000.

(c) Depth-Damage Curves must be used to estimate the cost of future flood damage, for vertical construction only, by assessing the approximate flood depth within the structure, using the comparison of the critical elevations to the previously calculated 1% annual chance water surface elevation added to the highest of the sea level rise projections required by Section 380.093(3)(d)3.b., F.S. The estimated damage cost based on flood depth relative to critical elevations varies based on building characteristics and can be found in the 2015 North Atlantic Coast Comprehensive Study, titled “Resilient Adaptation to Increasing Risk: Physical Depth Damage Function Summary Report” (effective January 2015), hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-16624. Copies of these documents may be obtained by writing to the Office of Resilience and Coastal Protection, Mail Station 230, Department of Environmental Protection, Douglas Building, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000.

(3) The state-financed constructor must show the risk to public safety and environmental impacts expected over 50 years or the expected life of the potentially at-risk structure or infrastructure, whichever is less using the following criteria.

(a) Each potentially at-risk structure or infrastructure must be assigned a Risk Category using the 2023 Florida Building Code Table 1604.5, Risk Category of Buildings and Other Structures (effective July 1, 2024). The table can be found at https://codes.iccsafe.org/content/FLBC2023P1/chapter-16-structural-design#FLBC2023P1_Ch16_Sec1604.5, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-16623. Copies of these documents may be obtained by writing to the Office of Resilience and Coastal Protection, Mail Station #230, Department of Environmental Protection, Douglas Building, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000.

(b) The ultimate design windspeed for the project location must be provided to define the risk of flying debris. This windspeed varies based on the Risk Category of the building and can be found in Figures 1609.3(1), 1609.3(2), 1609.3(3), and 1609.3(4) in the 2023 Florida Building Code (effective July 1, 2024) at: https://codes.iccsafe.org/content/FLBC2023P1/chapter-16-structural-design#FLBC2023P1_Ch16_Sec1609.3, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-16622. Copies of these documents may be obtained by writing to the Office of Resilience and Coastal Protection, Mail Station #230, Department of Environmental Protection, Douglas Building, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000.

(4) Alternatives must be provided for the project’s design and siting, and the SLIP study must state how such alternatives would address public safety and environmental impacts resulting from damage to the potentially at-risk structure or infrastructure, including but not limited to, leakage of pollutants, electrocution and explosion hazards, and hazards resulting from floating or flying structural debris as well as the risks and costs associated with construction, maintenance and repair of the potentially at-risk structure or infrastructure.

(5) The state-financed constructor must provide a list of flood mitigation strategies evaluated as part of the design of the potentially at-risk structure or infrastructure and identify appropriate flood mitigation strategies for consideration as part of the potentially at-risk structure or infrastructure design.

(6) If a state-financed constructor chooses to conduct its own SLIP study and not use the Department’s web-based tool, the SLIP study shall be submitted to the Department for publication via secure sign-in on the DEP-provided website. The SLIP study report shall be in an Americans with Disabilities Act (ADA) Section 508 compliant portable document format. The report contents shall include, but not be limited to, a description of the approach used in conducting the study, numbered references to the information used in the study, a narrative with graphic illustrations to demonstrate the application of the study approach to the information used, and a discussion of the assessments and alternatives.

History

• Rulemaking Authority 380.0937(6) FS. Law Implemented 380.0937, 380.093(3) FS. History‒New 7-1-21, Amended 7-1-24.

Fla. Admin. Code R. 62S-7.014 Implementation of SLIP Study findings

The Department’s intent in this rule is to inform and raise awareness with the state-financed constructor of the potential impacts of sea level rise and increased storm risk on potentially at-risk structures or infrastructure. Implementation of the findings of the SLIP studies is at the discretion of the state-financed constructor.

History

• Rulemaking Authority 380.0937(6) FS. Law Implemented 380.0937 FS. History‒New 7-1-21, Amended 7-1-24.

Fla. Admin. Code R. 62S-7.016 Enforcement by DEP

Failure to comply with the SLIP study requirements may result in compliance or enforcement action by the Department, including but not limited to:

(1) Pursuit of injunctive relief to cease construction until the constructor comes into full compliance with the requirement;

(2) Recovery of all or a portion of state funds expended on the construction activity.

History

• Rulemaking Authority 161.551(6) FS. Law Implemented 161.551 FS. History‒New 7-1-21.

Fla. Admin. Code R. 62S-7.020 Effective Date

This rule chapter applies only to projects that have not yet commenced construction as of July 1, 2024 (i.e., the date the rule takes effect). This rule chapter does not apply retroactively to projects that commenced construction prior to the date the rule is effective

History

• Rulemaking Authority 380.0937(6) FS. Law Implemented 380.0937 FS. History‒New 7-1-21, Amended 7-1-24.

Chapter 62S-8 Statewide Flooding and Sea Level Rise Resilience Plan

Fla. Admin. Code R. 62S-8.001 Purpose

(1) The purpose of Chapter 62S-8, F.A.C., is to establish project scoring criteria that, pursuant to Section 380.093, F.S., shall be used in the Department’s evaluation and ranking of implementation project grant proposals submitted for inclusion in the Statewide Flooding and Sea Level Rise Resilience Plan.

(2) The Department encourages the electronic submittal of application materials through the application portal available online here: https://fdep.my.site.com/grants/s/rcp-home. Alternatively, application materials can be submitted in paper form to the Resilient Florida Grant Program at: 3900 Commonwealth Boulevard, MS #230, Tallahassee, Florida 32399-3000.

History

• Rulemaking Authority 380.093 FS. Law Implemented 380.093 FS. History‒New 8-22-22, Technical Change 3-25-26, Reviewed 7-31-26.

Fla. Admin. Code R. 62S-8.002 Definitions

(1) “Adaptation plan” means a plan that develops goals, priorities, strategies, and actions to best minimize impacts of flooding, sea level rise, or other threats and vulnerabilities, as applicable, and establishes a process to implement those actions.

(2) “Community eligible for a reduced cost share” is as defined in Section 380.093(5)(e), F.S.

(3) “Compound flooding” is flooding caused by complex interactions between two or more oceanographic, hydrological, or meteorological processes such as the combination of pluvial (rainfall-induced flooding, such as flash, surface water, drain, and sewer floods), fluvial (riverine floods), coastal (sea level rise, tides, waves, storm surge, and nuisance floods), or groundwater flooding.

(4) “Comprehensive statewide flood vulnerability and sea level rise assessment” is an assessment the Department is required to develop under Section 380.093(4)(b), F.S., and which must be completed by the same on or before July 1, 2024, and updated every five years, that identifies inland and coastal infrastructure, geographic areas, and communities in Florida that are vulnerable to flooding and sea level rise and the associated risks.

(5) “Comprehensive vulnerability assessment” is an evaluation that identifies risks to a community, including flooding and sea level rise, as applicable; meets all the required statutory elements for vulnerability assessments listed in Sections 380.093(3)(c) through (d), F.S.; and includes, but is not limited to, any supplemental plans, assessments, documents, reports, strategies, maps, or electronic databases that identify or address risks of flooding and sea level rise to critical or regionally significant assets.

(6) “Critical asset class” means the distinct groupings of critical assets as defined in Sections 380.093(2)(a)1. through 4., F.S.

(7) “Department” means the Florida Department of Environmental Protection.

(8) “Eligible entity” means those entities specifically identified in Section 380.093(5)(d), F.S., as eligible to submit proposed projects for inclusion in the Statewide Flooding and Sea Level Rise Resilience Plan.

(9) “Flooding” means a condition of partial or complete inundation caused by a naturally occurring event.

(10) “Natural system restoration” is a process that creates, improves, or restores ecological functions in the environment.

(11) “Nature-based solutions” are actions that rely upon natural processes to protect, restore, and sustainably manage ecosystems, as well as solutions that address socio-environmental challenges using natural resources and processes.

(12) “Partial design” means a preliminary design that is more than 30 percent complete but not yet final and prepared by a qualified professional in the relevant field, which provides enough information and design criteria for the qualified professional to make informed decisions, such as identifying impacts, benefits, costs, and other challenges with project implementation.

(13) “Project impact area” means the discrete area the project encompasses as well as the delineated area that will be directly benefitted by a mitigation project (such as a watershed or hydrologic basin for flooding mitigation projects, a service or sub-service area for a utility, a neighborhood, a natural area, or a shoreline).

History

• Rulemaking Authority 380.093(5)(i) FS. Law Implemented 380.093 FS. History‒New 8-22-22, Amended 7-1-25, Reviewed 7-31-26.

Fla. Admin. Code R. 62S-8.003 Project Scoring Criteria

(1) All projects eligible for inclusion in the Statewide Flooding and Sea Level Rise Resilience Plan by meeting the requirements in Section 380.093(5), F.S., will be reviewed by the Department. Each eligible project will be allocated points based on the tiered structure outlined in this rule and consistent with Section 380.093(5)(g), F.S. Total points awarded will determine the project rank. If an applicant fails to demonstrate it meets a specific scoring criteria by failing to satisfy all relevant requirements for that criteria set forth in this rule, that criteria will receive a score of zero.

(2) The maximum number of points that may be awarded for Tier 1 criteria is 40 points.

(a) Up to eight points will be awarded for the degree to which the project addresses the risks posed by flooding and sea level rise. These points will be allocated in the following manner:

1. Four points will be awarded if the project addresses risks posed by flooding or sea level rise either specifically identified in an existing comprehensive vulnerability assessment that shall be submitted to the Department with the proposal, or in the comprehensive statewide flood vulnerability and sea level rise assessment, once available. Prior to December 1, 2023, applicants without a comprehensive vulnerability assessment shall receive points based on risks posed by flooding or sea level rise identified in an assessment, report, evaluation, or other documentation of risk that analyzes the impacts of existing or future flooding or sea level rise; and

2. Four points will be awarded if the project addresses risks posed by compound flooding either specifically identified in an existing comprehensive vulnerability assessment that shall be submitted to the Department with the proposal, or in the comprehensive statewide flood vulnerability and sea level rise assessment, once available. Prior to December 1, 2023, applicants without a comprehensive vulnerability assessment shall receive points based on risks posed by flooding or sea level rise identified in an assessment, report, evaluation, or other documentation of risk that analyzes the impacts of existing or future flooding or sea level rise.

(b) Eight points will be awarded if the project reduces one or more risks to a regionally significant asset, as defined in Section 380.093(2)(e), F.S., or if the project adapts a regionally significant asset to help avoid such risk. For the purpose of this paragraph, adaptation of a regionally significant asset to avoid risk may include relocation of the asset outside the area(s) of flooding risk.

(c) Up to eight points will be awarded for reducing risk located in areas with a higher percentage of vulnerable critical assets. For the purpose of this paragraph, a vulnerable critical asset is a critical asset identified in a comprehensive vulnerability assessment as having one or more risks due to flooding or sea level rise. Higher frequency storm events analyzed that are beyond the requirements of Section 380.093(3)(d), F.S., shall not be used to establish the percentages in these criteria. Prior to December 1, 2023, for applicants without a comprehensive vulnerability assessment, a vulnerable critical asset is a critical asset identified as having one or more risks due to flooding or sea level rise in an assessment, report, evaluation, or other documentation of risk that analyzes the impacts of existing or future flooding or sea level rise. The proposal must include the percentage of vulnerable critical assets in the project impact area. Points will be allocated in the following manner:

1. Zero points will be awarded if no vulnerable critical assets are within the project impact area;

2. One points will be awarded if at least one critical asset but less than twenty percent (20%) of total critical assets within the project impact area are vulnerable critical assets;

3. Two points will be awarded if twenty percent (20%) or more, but less than forty percent (40%), of total critical assets within the project impact area are vulnerable critical assets;

4. Four points will be awarded if forty percent (40%) or more, but less than sixty percent (60%), of total critical assets within the project impact area are vulnerable critical assets;

5. Six points will be awarded if sixty percent (60%) or more, but less than eighty percent (80%), of total critical assets within the project impact area are vulnerable critical assets; or

6. Eight points will be awarded if more than eighty percent (80%) of total critical assets within the project impact area are vulnerable critical assets.

(d) Up to eight points will be awarded for contributing to existing flooding mitigation projects that reduce upland flood damage costs in one of the ways identified below. Points will be allocated in the following manner:

1. Four points will be awarded if the project contributes by incorporating new or enhanced structures that are necessary for the critical asset to perform its intended function;

2. Four points will be awarded if the project contributes by incorporating natural system restoration and revegetation; or

3. Eight points will be awarded if the project contributes by incorporating both new or enhanced structures that are necessary for the critical asset to perform its intended function and natural system restoration and revegetation.

(e) Up to eight points will be awarded for the degree to which the project reduces the flood risk, and thereby increases the credits awarded, to a community participating in the National Flood Insurance Program’s Community Rating System. One point will be awarded for each individual element that receives more points in the Community Rating System.

(3) The maximum number of points that may be awarded for Tier 2 criteria is 30 points.

(a) Up to 7.5 points will be awarded based on the degree to which flooding and erosion currently affect the condition of the project impact area. Justification for methods used to estimate or determine extent and frequency of flooding or erosion must be provided. Points will be allocated in the following manner:

1. Up to 3.75 points will be awarded based on the current frequency of flooding or erosion in the project impact area. Points will be allocated in the following manner:

a. Zero points will be awarded if the proposal does not demonstrate the current frequency of flooding or erosion in the project impact area;

b. Two points will be awarded if the proposal describes how the project impact area has experienced flooding or erosion in the last three years; or

c. A total of 3.75 points will be awarded if the applicant provides documentation to the Department showing the project impact area has been flooded more than three times within the last five years or is experiencing ongoing erosion. Documentation may include reports of flooding or erosion recorded by the jurisdiction(s) in which the project impact area is located, local news reports or source(s), documentation by a local official such as recorded high-water marks or inspection results, or any other similar document or report.

2. Up to 3.75 points will be awarded based on the severity of flooding or erosion in the project impact area. Points will be allocated in the following manner:

a. Zero points will be awarded if the proposal does not demonstrate the current extent of flooding or erosion in the project impact area;

b. Two points will be awarded if the proposal describes how the project impact area experienced flooding estimated greater than three inches in the last three years or has ever experienced unmitigated erosion; or

c. A total of 3.75 points will be awarded if the applicant provides documentation to the Department showing the project impact area has been flooded to an estimated depth greater than one foot within the last five years, has been estimated to be inundated more than three inches but less than one foot at least one time in the current year and in each of the most recent three calendar years, has had at least one instance of sustained flooding for a duration of seven or more consecutive days, or is experiencing erosion that the applicant demonstrates is critical erosion for the critical asset class. Documentation may include reports of flooding or erosion recorded by the jurisdiction(s) in which the project impact area is located, local news reports or source(s), photographs, documentation by a local official such as recorded high-water marks or inspection results, or any other similar document or report.

(b) Up to 7.5 points will be awarded for readiness of the project to proceed in a timely manner, as defined by subparagraphs 62S-8.003(3)(b)1. through 3., F.A.C., below.

1. Up to 3.75 points will be awarded based on the status of project design. Points will be allocated in the following manner:

a. Zero points will be awarded if no design documentation is provided;

b. One point will be awarded if a partial design or other site-specific environmental or geotechnical report that demonstrates the furtherance of a readiness to proceed is submitted; or

c. 3.75 points will be awarded if final drawings or plans that are properly certified (e.g., engineer’s certification, signed and sealed by registered professional, etc.) by a professional in the relevant field are submitted.

2. Up to 2.75 points will be awarded based on the project’s permitting status and the status of any needed easements. Points will be allocated in the following manner:

a. One point will be awarded for providing a list of all permits and easements necessary for completion of the project, if applicable;

b. A total of 1.5 points will be awarded if proof of application for necessary permits or approval from at least one authority having legal jurisdiction over such permitting is submitted with the proposed project; or

c. A total of 2.75 points will be awarded if all necessary permit(s) and easement(s) have been authorized or obtained or if permitting or easement(s) are not required.

3. One point will be awarded if local funding sources are committed as cost share or if the community is a community eligible for reduced cost share. Available cost share can be demonstrated by relevant documentation, including an approved and adopted capital improvement plan, a signed letter from the Chief Executive Officer (or equivalent) of the eligible entity, a resolution or agenda item to be presented to the governing board committing funding to the project if selected, or any other comparable document showing availability of funds.

(c) Up to 7.5 points will be awarded for environmental habitat enhancement or nature-based solutions for resilience.

1. A total of 3.75 points will be awarded if the project enhances environmental habitat or includes nature-based solutions; and

2. A total of 3.75 points will be awarded if the project impact area extends into an area that is identified as a state or federal critical habitat for threatened or endangered species at the time the proposal is submitted to the Department.

(d) A total of 7.5 points will be awarded if a statement is provided to the Department with the proposal that demonstrates the project is cost-effective. The basis for cost-effectiveness shall be provided by the applicant within the submitted statement. For the purpose of this paragraph, the statement demonstrating cost-effectiveness must include identification of any adverse impacts to other critical assets within the project impact area and address one or more of the following:

1. A comparison of contingencies and the estimated total project cost;

2. Costs of alternative approaches or explanation of why there are no feasible alternative approaches;

3. Avoided economic loss due to failure or inability to operate due to flooding or sea level rise, the project costs compared to costs to repair damage from flooding or erosion, or other reasonably foreseeable losses using industry standard economic models;

4. Future costs and benefits calculated using the relevant discount rate, net present value, or other metrics measuring future costs and benefits to support the proposal; or

5. The direct and indirect economic value of ecosystem services provided by natural or nature-based solutions.

(4) The maximum number of points that may be awarded for Tier 3 criteria is 20 points.

(a) Up to 6.5 points will be awarded for available local, state, or federal cost share. Points will be allocated in the following manner:

1. Zero points will be awarded if the proposal does not demonstrate that a source for the required 50% cost share has been specifically identified unless the community is a community eligible for reduced cost share; or

2. A total of 3.25 points will be awarded if the project proposal includes specifically identified local, state, or federal cost share, but the funds have not been appropriated or released at the time the proposal is submitted to the Department; or

3. A total of 6.5 points will be awarded if the project proposal provides documentation that 50% cost share is available or if the community is a community eligible for reduced cost share. Available cost share can be demonstrated by providing an approved and adopted capital improvement plan, a letter from the Chief Executive Officer (or equivalent) of the eligible entity committing funding, a resolution from the governing board committing funding to the project if selected, or any other similar document showing availability of funds.

(b) A total of 6.5 points will be awarded if verification of state funding previously awarded to the project is provided to the Department with the proposal. Verification must include previously funded phases, amount of prior state funding, and previous partial appropriations, and must be submitted in a format that is verifiable by the agency or agencies having awarded the previous funding. For the purposes of this paragraph, Department grants to a county or municipality to fund the costs of community resilience planning and necessary data collection for such planning will not be considered state funding previously awarded to the project. Points will be allocated in the following manner:

1. One point will be awarded if the applicant provides verification of previous state funding awarded for preconstruction activities, as defined in Section 380.093(2)(d), F.S., except for those preconstruction activities involving the design of or permitting for the project;

2. 1.5 points will be awarded if the applicant provides verification of previous state funding awarded for design of the project;

3. 1.5 points will be awarded if the applicant provides verification of previous state funding awarded for permitting for the project; and

4. 2.5 points will be awarded if the applicant provides verification of state funding awarded for earlier phases of the project’s total construction.

(c) Seven points will be awarded if the proposal demonstrates exceedance of the flood-resistant requirements in the Florida Building Codes Act, as adopted by the State of Florida pursuant to Part IV, Chapter 553, F.S., and administered by the Florida Department of Business and Professional Regulation as the Florida Building Code, or local floodplain management regulations; or if the proposal states that no Florida Building Code flood-resistant requirements or local floodplain management regulations apply to the project.

(5) The maximum number of points that may be awarded for Tier 4 criteria is 10 points.

(a) Five points will be awarded if the project includes innovative technologies designed to reduce project costs and provide regional collaboration. For the purpose of this paragraph, innovative means an emerging technology or a proven technology that is being used in a unique way to adapt one or more critical assets to the effects of flooding or sea level rise in the project impact area. The proposal must demonstrate which specific technologies will be used and explain why they are innovative as well as how they will reduce cost and provide regional collaboration; and

(b) Five points will be awarded if the proposal demonstrates that the project impact area of the proposed project is wholly or partially located in a financially disadvantaged community.

History

• Rulemaking Authority 380.093(5)(i) FS. Law Implemented 380.093 FS. History‒New 8-22-22, Amended 7-1-25, 12-21-25, Technical Change 3-25-26, Reviewed 7-31-26.